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WIKILEAKS: Malaysia’s sixth annual trafficking in persons report

Posted: 30 Jun 2011 01:00 AM PDT

Malaysia is a destination and, to a far lesser extent, a transit country for men and women trafficked for the purposes of sexual exploitation and forced labor. Collectively, as many as several thousand women from the People's Republic of China, Indonesia, Thailand, Philippines and Vietnam are trafficked to Malaysia for commercial sexual exploitation.  Additionally, some economic migrants from countries in the region who work as domestic servants and as laborers in the construction and agricultural sectors face exploitative conditions in Malaysia that meet the definition of involuntary servitude.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

UNCLAS SECTION 01 OF 13 KUALA LUMPUR 000372

SENSITIVE

SIPDIS

 

DEPT FOR G/TIP, G, INL, DRL, PRM, IWI, EAP/RSP

 

E.O. 12958: N/A

TAGS: PHUM, KCRM, KWMN, SMIG, KFRD, ASEC, PREF, ELAB, MY

SUBJECT: MALAYSIA SIXTH ANNUAL TRAFFICKING IN PERSONS REPORT

 

REF: A. STATE 3836

     B. 05 KUALA LUMPUR 3792

 

1. (SBU) SUMMARY AND INTRODUCTION:  Malaysia is a destination and, to a lesser extent, a transit country for men and women trafficked for the purposes of sexual exploitation and forced labor.  Women from the People's Republic of China, Indonesia, Thailand, Philippines and Vietnam are trafficked to Malaysia for commercial sexual exploitation.  Additionally, some economic migrants from countries in the region who work as domestic servants and as laborers in the construction and agricultural sectors face exploitative conditions in Malaysia that meet the definition of involuntary servitude.

2. (SBU) There are no reliable statistics revealing the total number of women trafficked into Malaysia.  Foreign embassies and NGOs report that in 2005, at least 500 trafficking victims were rescued and repatriated.  During the first nine months of 2005, over 4,600 foreign women were arrested and detained for prostitution, compared with over 5,700 arrested during all of 2004. 

According to the government-funded National Human Rights Commission (Suhakam), a significant number of these women were probable TIP victims.

3. (SBU) The government recognizes that trafficking is a problem and has taken significant steps to combat it.  Senior officials have expressed their support for anti-TIP programs, including comprehensive anti-TIP legislation and TIP victim identification training for police and immigration officials.

In November 2004, the government signed an ASEAN declaration calling for greater regional cooperation against trafficking in persons.  In December 2004, the government hosted the signing of a Mutual Legal Assistance Treaty with eight other ASEAN countries to improve regional cooperation and prosecution of transnational criminal activities including trafficking.  Also in December, the women's affairs minister announced her intent to establish of the first shelter specifically for foreign women who are victims of trafficking.

4. (SBU) Government implementation of these steps has lagged, however.  According to Suhakam, the government has not significantly improved its anti-TIP actions since late-2004. Malaysia lacks comprehensive anti-trafficking legislation that would enable officials to identify and shelter victims, and to prosecute traffickers under a single criminal statute.

The government has not taken the legal steps necessary to establish the government-run shelter announced by the women's minister.  While final statistics for 2005 are not yet available, convictions of traffickers under the penal code are down from the previous year.

5. (SBU) The government should draft and enact a comprehensive trafficking law that recognizes trafficked men and women as victims and provides them with shelter, counseling and repatriation assistance.  The government should also systematically screen foreign prostitutes and illegal migrants, in order to identify and provide care for trafficking victims in their midst.  In addition, the Ministry of Women, Family and Community Development (MWFCD) should fulfill its December 2004 undertaking to establish one or more dedicated shelters for foreign trafficking victims.

6. (SBU) The Embassy has urged the MWFCD to establish one or more shelters and stronger legal protections for victims of trafficking.  We are encouraging the ILO and other international NGOs to be more proactive in TIP programs in Malaysia and are partnering with local NGOs to expand the infrastructure and resources required to respond effectively to the needs of victims.  We have also offered to provide the USG's TIP victim identification expertise to police and immigration officials.  The response from the Malaysian government to these proposed initiatives has been positive and cooperative.

7. (SBU) We believe that the government of Malaysia does not fully comply with the minimum standards for the elimination of trafficking.  The Malaysians have made significant efforts in previous years to bring themselves into compliance with minimum standards.  However, they have not provided evidence of increasing efforts to combat severe forms of trafficking over the previous year.  We therefore recommend that Malaysia be moved from Tier 2 to Tier 2 Watch List in the 2006 Trafficking in Persons Report. 

The placing of Malaysia on the Watch List should assist us in communicating to the government of this moderate, Muslim-majority democracy the importance with which we regard the need for it to continue to address its trafficking issues.  End Summary and Introduction.

8. (U) Embassy's submission for the 6th Annual Trafficking in Persons (TIP) Report for Malaysia follows.  Responses are keyed to paras 21-25 of ref A.  Embassy's point of contact for TIP is political officer Jeffrey Hilsgen (phone: 603-2168-4831, fax: 603-2168-5165, email: hilsgenjg@state.gov).  Per the request in para 20 of Reftel, to date the Embassy has spent the following time on the TIP report: FS-1: 12 hours; FS-4: 75 hours; FSN: 10 hours.

9.  CHECKLIST (PARA 21)

A.    A. (SBU) Malaysia is a target destination for crime syndicates trafficking women and girls into the country for the sex trade.  To a much lesser extent, Malaysia is also a country of origin and transit.  While there are no reliable statistics revealing the total number of women trafficked into the country, estimates can be made drawing from different sources.  Foreign embassies and NGOs report that in 2005, at least 500 trafficking victims were rescued and repatriated. 

During the first nine months of 2005, 4,678 foreign women were arrested and detained for suspected involvement in prostitution, compared with 5,783 arrested during all of 2004.  Chinese nationals accounted for the largest percentage of such arrests (more than 40%), followed by nationals of Indonesia (25%), Thailand (17%) and the Philippines (10%).  According to the government-funded National Human Rights Commission (Suhakam) and involved NGOs, a significant number of these women were probable TIP victims.

(SBU) While little verifiable information exists regarding the number of Malaysian women trafficked to other countries, the GOM claims that no Malaysian women were trafficked outside the country in 2004 (the latest period they reviewed).  GOM statistics state that 20 Malaysian women were arrested in 2004 for immigration violations in various countries.  According to the GOM, none of the women claimed to be trafficking victims or gave any indications they had been trafficked.  Our conversations with local NGOs indicate that fewer than 100 Malaysian women are trafficked abroad each year, and that the number has declined in recent years.

(SBU) Our sources of information on TIP in Malaysia include the Royal Malaysia Police (RMP), the Attorney General's Chambers, the Immigration Department, the Ministry of Home Affairs, the Ministry of Internal Security, the Ministry of Foreign Affairs (MFA), the Ministry of Women, Family and Community Development (MWFCD), the Malaysian Chinese Association (MCA, an ethnic-Chinese political party in the ruling coalition), Suhakam, several foreign diplomatic missions, and a number of local NGOs, including the Malaysian Bar Council.  These sources were forthcoming with credible information on TIP.

B. (SBU) Malaysia is a destination and, to a far lesser extent, a transit country for men and women trafficked for the purposes of sexual exploitation and forced labor. Collectively, as many as several thousand women from the People's Republic of China, Indonesia, Thailand, Philippines and Vietnam are trafficked to Malaysia for commercial sexual exploitation.  Additionally, some economic migrants from countries in the region who work as domestic servants and as laborers in the construction and agricultural sectors face exploitative conditions in Malaysia that meet the definition of involuntary servitude.

(SBU) A small number of Malaysians are trafficked annually to other countries, though recent data suggest that the number has decreased to negligible levels.  According to NGO sources, young Malaysian ethnic Chinese women are the primary targets of traffickers recruiting prostitutes in Malaysia.

For religious and/or cultural reasons, trafficking of ethnic Malay or ethnic Indian women is infrequent.  According to most reports, Malaysian Chinese women are lured by word of mouth and by personal contacts connected to mainland Chinese criminal syndicates with international connections.  Promises of high-paying jobs and freedom from the restrictions of Malaysia's generally conservative society are the main motivating factors.

(SBU) During meetings with senior USG representatives in 2005, Malaysian government officials expressed strong support for combating trafficking in persons.  While the government views the issue of trafficking both as a stand-alone problem and as part of the larger challenge of border security and illegal migration, Malaysia does not fully comply with the minimum standards for the elimination of trafficking.

According to the government funded National Human Rights Commission (Suhakam), the government has not significantly improved its anti-TIP actions since Suhakam's publication in January 2005 of a national plan of action to combat trafficking.  The government has taken steps to combat trafficking and has a broad array of criminal laws available to it to deter and punish traffickers, but Malaysia lacks comprehensive anti-trafficking legislation that would enable officials to identify victims, shelter them, and prosecute traffickers under a single criminal statute.  Compared to 2004, prosecutions and convictions of traffickers under the penal code declined during the first nine months of 2005.

(SBU) The majority of persons trafficked into Malaysia for sexual exploitation come from China, Indonesia and Thailand, with smaller numbers coming from the Philippines, Vietnam, India and Cambodia, Burma and Laos.  Anecdotal evidence indicates that numbers of victims coming from neighboring ASEAN countries have remained relatively constant over the last few years. 

The number and patterns of victims coming from source countries tend to reflect GOM immigration and visa policies.  For example, China has grown as a source country in recent years due to a more liberal Malaysian visa policy that reflects growing economic ties and GOM efforts to encourage tourism and university enrollment from Chinese students.  China has become the largest and fastest-growing source country for prostitutes in Malaysia; many of these Chinese women and girls are likely TIP victims.

(SBU) The Royal Malaysia Police (RMP) compiles statistics on arrests of foreign women with suspected involvement in prostitution, broken down by nationality.  The Immigration Department's enforcement division also collects data on trafficking cases.  Malaysian authorities do not adequately distinguish illegal migrants from trafficking victims.  Law enforcement officials assert that the great majority of the foreign women arrested for prostitution in Malaysia entered the country voluntarily and with valid travel documents.

However, surveys by Suhakam and interviews with Indonesian, Thai and Philippine embassy officials indicate that as many as fifty percent of foreign women arrested for prostitution are possible trafficking victims.  According to the Thai embassy's anti-TIP officer, nearly all of the Thai women arrested for prostitution claim to be TIP victims during interviews conducted by embassy officials.

(SBU) To avoid detection by law enforcement authorities, trafficking victims engaged in prostitution are often confined to the premises of their establishments, whether it is a place of entertainment or a privately owned apartment or home.  Some women are taken out under strict supervision to meet customers at hotels or private residences.  Trafficking victims are kept compliant through involuntary confinement, confiscation of travel documents, debt bondage, and physical abuse or threat of abuse, according to NGO representatives, academics, and foreign consuls.

(SBU) In terms of prevention, in 2002 and 2003 the government took steps to toughen the criteria for young foreigners seeking student visas, to monitor individuals with student visas more carefully to ensure they were actually attending school, and to scrutinize more closely young foreign women entering the country on special two week "social passes."  It has also stepped up border detection for smuggling, illegal migration, and drug and people trafficking.

(SBU) There is no evidence of widespread tolerance or complicity in TIP by government authorities, though accusations of more general corruption, particularly at the local police and immigration levels, exist.  Foreign diplomatic missions report good cooperation on TIP from law enforcement authorities at the federal level, but some NGOs have alleged that outside of Kuala Lumpur they have received less cooperation.  Several NGOs report that that police cooperation with NGOs and other groups against traffickers has improved.

C. (SBU) Government resources are overwhelmed by the sheer magnitude of illegal migrants entering the country.  Analysts estimate that over one million illegal migrants live in Malaysia.  Law enforcement agencies lack adequate resources to deal with the influx, and criminal syndicates have been quick to exploit this weakness.  TIP victims are lost in the crowd of illegal migrants from China, Indonesia and Thailand.

The Indonesian embassy estimates that only a small minority of the 70,000 Indonesian workers in Sabah are legally registered with the GOM.  Immigration authorities say they do not have the manpower or language resources to question and distinguish trafficking victims from illegal migrants, or to properly assist them when they are identified.  The NGO community is small, poorly funded, and often does not have the capacity to provide for victims even when the police seek their assistance.

D. (SBU) Suhakam in 2004 conducted a comprehensive review of Malaysia's response to TIP.  A 159-page report published in January 2005 included interviews with victims, police, immigration, prison authorities, ministries involved in TIP, the Attorney General, foreign embassies, NGOs and IOs.  The report called for wide-ranging measures to combat trafficking and a more human rights-centered approach for protecting victims. 

The report was widely publicized in the local media and generated positive commentary from the public, NGOs and government officials.  The state-influenced media gives extensive coverage to law enforcement raids against brothels, massage parlors, and other locales where foreign women and their pimps have been arrested for suspected involvement in prostitution. 

The government does not systematically publish detailed statistics about its arrests, prosecutions and convictions of pimps and traffickers.  The GOM has provided this and related information to the Embassy upon request. The government has also provided a detailed written response to our annual trafficking in persons report.

10. PREVENTION (PARA 22)

A. (SBU) In 2004 the government signed the ASEAN Ministerial Declaration against Trafficking in Persons.  Government officials regularly acknowledge that Malaysia is a destination and transit country and assert that they are committed to combat TIP comprehensively.  They view trafficking as a problem connected to organized crime, prostitution, smuggling and illegal migration, and recognize that many young foreign women involved in prostitution in Malaysia are victims of TIP.  However, some also assert that many prostitutes working in Malaysia are here out of choice and that these women should be prosecuted as such and deported as illegal migrants. 

Government officials have expressed concern that some women willingly involved in vice claim to be TIP victims when arrested.  The government acknowledges that it has difficulty in distinguishing TIP victims from foreign sex workers who entered Malaysia willingly, as many of these women do not speak Bahasa or English and choose not to file charges against their traffickers.

B. (SBU) The RMP, the Immigration Department, the Ministry of Home Affairs, the MWFCD, the MFA, and the Attorney General's office are the government agencies involved in anti-trafficking efforts.  Suhakam, which is funded by the government, and the MCA, the second-largest party in the governing coalition, are also active in anti-TIP efforts.

C. (SBU) MCA publishes warnings in its Chinese-language publications and makes public statements to caution potential victims about overly lucrative job offers abroad.  The MCA reported that the number of Chinese victims seeking assistance from its offices declined to 39 in 2005, compared with 56 in 2004 and 75 in 2003.  The government has not directly sponsored anti-trafficking campaigns.

D. (SBU) The government supports some trafficking prevention programs.  Currently, the MWFCD operates "rehabilitation" homes for women and girls (under 18) who have been determined by the courts or their families to be at risk of engaging in prostitution or other vice activities.

(SBU) Malaysian women comprise more than half of the university student population, account for 44% of the nation's labor force, and hold significant high-profile positions in government, NGOs and the private sector.  In 2004, the Ministry of Women's Affairs and Family Development was merged with the Ministry for Social Welfare to create an expanded Ministry of Women, Family and Community Development.

The women's affairs minister secured passage in August 2001 of a constitutional amendment barring sex discrimination.  In 2004, a women NGO activist who maintains a shelter for abused women and TIP victims was appointed to the royal commission on police reform.

(SBU) In 2004, Suhakam drafted a TIP national plan of action with support from the IOM.  Among other things, the plan recommended that the government fund shelters for foreign TIP victims that include reintegration programs.  In December 2004, the women's affairs minister announced the cabinet's approval to open a shelter specifically for "foreign women who are victims of trafficking." 

Prime Minister Abdullah attended the announcement, signaling his support.  The women's minister subsequently informed us that amendments to existing laws, or a new comprehensive anti-TIP law, had to be enacted prior to government establishment of a TIP victim shelter; current laws do not distinguish between TIP victims and illegal migrants engaged in vice activities.  In 2005, the MWFCD discussed launching a nationwide campaign in collaboration with various NGOs to increase public awareness on trafficking through seminars, workshops and dissemination of brochures. 

The campaign is supposed to target youths and school children and serve as a capacity-building program for law enforcement and policy makers to heighten their awareness of the problem.  It has not yet been launched.

F. (SBU) Government and NGO cooperation on trafficking is uneven and ad hoc, both because the government does not have established procedures for handling trafficking victims and because NGOs do not have the resources to care for more than a few victims at any given time.  In some cases victims are released into the custody of their embassies, which maintain limited shelter capabilities.  In other cases, police ask private shelters run by NGOs to accept TIP victims. 

Foreign embassies and several NGOs report good cooperation with police and immigration officials in securing immigration passes and shelter for foreign women workers who are victims of trafficking or physical abuse.  Police officers have been designated as liaisons with the MCA's Social Services and Welfare office and other NGOs on cases involving trafficking and other victims.

(SBU) Using USG funding and with the assistance of the IOM, local NGO Tenaganita plans to establish Malaysia's first dedicated shelter for foreign TIP victims in March 2006. Tenaganita intends to obtain the formal approval of police, immigration and Women's Ministry officials for the shelter, as it ramps up operations.  The Indonesian embassy's shelter in Kuala Lumpur has a capacity of 80 persons, but in mid-February it housed 140 individuals, including a 15-year-old girl recently trafficked into Malaysia from Sumatra for sexual exploitation.  Approximately 80% of the of the shelter's occupants are typically TIP victims, according to the embassy's lead anti-TIP official.  Of that number, about 80% are laborers escaping exploitative conditions, with the remainder are persons trafficked for sexual purposes.

G. (SBU) The Malaysian government views border control as a national security issue because of concerns related to terrorism, narcotics, public health, economic security, and social stability, as well as trafficking.  For all of these reasons, the government is making a strong effort to monitor the country's borders. 

Malaysian passports issued in the country are fitted with a microchip that stores the biographic data and photograph of the passport holder to prevent forged alterations and photo substitution of lost or stolen passports.  As part of its crackdown on vice in 2002, the government instituted tougher criteria for foreigners seeking student visas and increased border scrutiny of young persons, particularly from China, entering Malaysia on special "social passes." 

In 2005 the government began a large-scale program to issue immigration "smart cards" to permanent residents and legal workers in Malaysia.  The smart cards electronically store biographic data, fingerprints and the immigration status of the cardholder.

(SBU) Malaysia's 3000-mile-long coastline creates a tremendous challenge for Malaysia's security forces.  In addition, the long, heavily forested land border that East Malaysia shares with the Indonesian province of Kalimantan cannot be patrolled adequately.  The government nonetheless makes a serious effort to control these borders. 

Reports of organized criminal activity to facilitate the entry of illegal aliens are investigated by local law enforcement authorities, and in some cases suspected perpetrators have been detained under Malaysia's Internal Security Act (ISA), the Emergency Ordinance and the Restricted Residence Act, all of which allow for extended periods of detention without charge. 

In January 2005, the press reported that the police used the ISA to detain nine persons involved in forging Malaysian identity cards.  Seven of the individuals worked for the Malaysian national registration office and the remaining two were members of criminal syndicates.  In both 2003 and 2004, according to government statistics, approximately 4,000 foreign nationals were refused entry into Malaysia due to suspicion of owning fake or falsified travel documents.

H. (SBU) A number of governmental interagency groups address TIP and related issues.  The MFA leads an interagency group on transnational organized crime, which meets monthly and has been charged with addressing the trafficking issue from a regional perspective.  The Home Affairs Ministry supports another interagency group, the Cabinet Committee on Illegal Immigrants, which coordinates efforts against illegal migration, including TIP.  Deputy Prime Minister Najib, who also holds in his portfolio oversight of the National Human Rights Commission, chairs the Cabinet Committee on Illegal Immigrants.

(SBU) The Home Affairs Ministry also maintains a special interagency task force targeting vice that includes officials from the RMP, Immigration, and the Ministries of Home Affairs, Housing, Education, and Tourism.  According to NGOs, this task force meets occasionally, but its anti-vice contributions remain unclear.  An additional border security group, the Land Entry Points Coordinating Committee, reviews and improves the operational aspects of border control.  A similar group also coordinates efforts to improve service, security and efficiency of air-entry points. 

In the state of Sabah, on Borneo, an interagency Federal Special Task Force focuses primarily on illegal migration, but also tries to prevent TIP.  The task force includes representatives from the RMP, Immigration, the national security arm of the Prime Minister's Department, and the armed forces.  A separate agency under the Home Affairs Ministry, the Anti-Corruption Agency, investigates cases of public and private corruption.

A royal commission on police reform conducted a review of police practices, including allegations of police corruption and graft, starting in 2004, issuing 125 recommendations in April 2005.  In early 2006, the Prime Minister ordered the Attorney General to complete the legal groundwork necessary to create a permanent independent commission to hear complaints against the police.

(SBU) On the international level, TIP is a component of the Eight Priority Areas of Cooperation under the Work Program of the ASEAN Plan of Action to Combat Transnational Crime.  In 2004, Malaysia signed a joint ASEAN Declaration to Combat Trafficking in Persons.  The declaration called for greater regional counter-TIP cooperation and asked member states to undertake actions to respect and safeguard the dignity and human rights of victims of trafficking. 

In 2005, Malaysia convened a meeting of ASEAN attorneys general to sign an ASEAN-wide mutual legal assistance treaty (MLAT) designed to combat transnational crimes, including TIP, more effectively.

In May 2002, Malaysia, the Philippines and Indonesia signed the "Agreement on Information Exchange and the establishment of Communication Procedures" to establish a framework for cooperation on border and security incidents, transnational crimes (including trafficking in persons), and other illegal activities.  Subsequently, Cambodia, Brunei and Thailand acceded to the agreement.  Malaysia has been an active participant in the "Bali Process" initiated by Australia and Indonesia. 

In 2003, Malaysia hosted two follow-up legislative workshops on People Smuggling, Trafficking in Persons and related Transnational Crime.

(SBU) Malaysia shares intelligence on trafficking syndicates and related dangers with the UK, Australia and Interpol. 

In late 2002, the Sabah state government entered into an agreement with the government of the Indonesian province of East Kalimantan to cooperate on a range of shared cross-border challenges, including finding and arresting human traffickers and dismantling syndicates. 

In 2004, Malaysia ratified the UN Convention against Transnational Crime; it is considering signing the supplementary protocol against trafficking in persons.  Malaysia is expected to conclude an MLAT with the U.S. in 2006.

J. (SBU) In October 2004, Suhakam, with support from the IOM and the Embassy, drafted a national anti-TIP plan of action for consideration by the government.  In preparing the plan, Suhakam consulted with government agencies and NGOs involved with TIP, foreign embassies from source countries for TIP victims found in Malaysia, TIP victims and foreign experts on TIP such as the IOM. 

The national plan of action was submitted to the government for consideration in November 2004.  The government has not yet acted on the anti-TIP plan's proposals, nor has it designated a lead ministry for counter-TIP programs.

11. INVESTIGATION AND PROSECUTION OF TRAFFICKERS (PARA 23)

A/B/C. (SBU) In 2002, the government amended the criminal code to include extensive anti-trafficking language.

According to one expert on anti-trafficking legislation, it is now "a strong law with solid anti-trafficking provisions with regard to trafficking for sexual exploitation."  Using the provisions, police regularly raid brothels and arrest pimps and enforcers. However, only two such individuals were convicted under the penal code during the first nine months of 2005. 

When the police lack sufficient criminal evidence to arrest suspected pimps and traffickers under the Penal Code, they often utilize the Restricted Residence Act, one of Malaysia's "preventive detention" laws, to incarcerate them. Another such law, the Emergency Ordinance, is regularly used against criminal syndicates that transport, harbor and otherwise facilitate the illegal entry of foreigners into Malaysia.

(SBU) While Malaysia does not have a unitary law specifically prohibiting trafficking in persons, most of the acts involved in trafficking in persons as defined by the UN Protocol are criminal offenses, including recruitment, transportation, transfer, wrongful restraint, harboring, receipt of persons by means of threat or use of force, or other forms of coercion fraud, abuse of power, or forced sexual exploitation, slavery, or servitude.  In 2004, the government began to use new provisions to the 2001 Anti-Money Laundering Act to seize the assets of businesses involved in illicit activities, including trafficking.  Following is a summary of the legal provisions most commonly used in Malaysia against traffickers:

-- Constitution, Articles 6(1) and 6(2): Prohibit slavery and forced labor.

-- Penal Code, Sections 340-348: Address "wrongful confinement" of a person against his/her will.  Punishments include maximum prison terms from one to three years and a fine.

-- Penal Code, Section 372: Amended in 2002 to include stronger anti-trafficking language, addresses exploitation of any person for purposes of prostitution.  Exploitation is defined to include selling, hiring, or otherwise obtaining possession of any person with the intention to employ or use the person for the purpose of prostitution (either inside or outside of Malaysia) or knowing or having reason to believe that the person will be so employed or used. 

Section 372 expands the offense of exploitation to include using false pretense or deceitful means to bring into or take out of Malaysia any person; harboring or receiving any (exploited) person and wrongfully restraining any person in any place. Wrongfully restraining is further defined as withholding clothing or property, threatening the person with legal proceedings to recover any debt or alleged debt and detaining a person's identity card or passport.  Punishment under this section of the Code includes a prison term, which may extend to 15 years, caning and a fine.

-- Penal Code, Section 372A: Provides the same penalties as section 372 for anyone who lives wholly or in part on the earnings of the prostitution of another person.

-- Penal Code, Section 373: Provides the same penalties as section 372 for anyone who keeps, manages or assists in the management of a brothel.

-- Penal Code, Section 374: Addresses unlawful compulsory labor and includes punishment by imprisonment for a maximum one-year term and the possibility of a fine.

-- Immigration Act, Sections 55(A) and Sections 56(1)(d): Covers a wide spectrum of immigration violations related to illegal entry or entry under false pretenses.  The Act also addresses "employing" and "conveying" illegal aliens.  The Act was amended in 2002 to toughen significantly punishments for immigration violators.

Those convicted of illegal entry face a fine of up to RM 10,000 ($3,800) and/or a prison sentence of up to 5 years, and caning of up to a maximum of 6 strokes.  The penalty for employing an illegal alien is a fine of between RM 10,000-50,000 (USD 7,900) for every illegal immigrant employed and/or a prison term of up to 12 months.  An employer employing more than five illegal immigrants will be imprisoned from 6 months to 5 years and caned up to a maximum of 6 strokes. 

The penalty for "conveying" (trafficking) illegal immigrants is a fine of RM 10,000-50,000 for every individual trafficked.  An individual convicted for trafficking more than 5 illegal immigrants will also be imprisoned for between six months and five years, and caned up to a maximum of six strokes.

-- Child Act (2001): Merges provisions from an array of diverse legislation pertaining to children and young persons (the Women and Girls Protection Act, the Juvenile Court Act, and the Child protection Act) into one law.  The Act specifically prohibits trafficking of children and makes it an offense to sell, let to hire, or procure (by threat or intimidation by false pretense, fraud or deceit) any child (defined as anyone under the age of 18) for the purpose of sexual exploitation.

Penalties for these offenses are a maximum prison term of 15 years and a maximum fine of RM 50,000 (USD 13,000).  The Child Act also authorizes the police to provide protection and rehabilitation for children in need.  A child in need is defined to include a child who "is being induced to perform any sexual act, or being in any physical or social environment which may lead to the performance of such act".

-- Passports Act: Criminalizes the forgery or alteration of travel documents (including passports, residence permits and visas).  Also criminalizes false statements or misrepresentation used to gain illegal entry into Malaysia. Penalties range from RM 10,000-100,000 ($2,600-$26,000) fine, 5-10 years in prison, and six strokes of a cane.

-- Internal Security Act (ISA): Provides for detention up to two years without formal charge.  According to the Home Affairs Ministry, the ISA has sometimes been used against individuals for threatening the security of the country by trafficking illegal immigrants or forging travel documents or work permits.

-- The Emergency (Public Order and Prevention of Crime) Ordinance: Used against persons, usually criminal syndicates that are involved in illicit activities (such as violent crime, document forgery and people smuggling), which threaten public order.

-- Restricted Residence Act (RRA): Allows the government to require individuals who are suspected of engaging in criminal activity including trafficking to move to a pre-determined location in the country and remain there under close police supervision.   The RRA does not require a formal charge to be filed against the suspected individual.  According to police data, the RRA was used significantly more often than the penal code to charge and detain suspected pimps and traffickers during 2005.

D. (SBU) Federal law criminalizes prostitution and bans pornography, and the laws are vigorously enforced. Malaysians tend to be conservative on sexual issues.  The 60% of the population that is Muslim is subject to Islamic laws that prohibit even "close proximity" between men and women who are not married to each other. 

The activities of the prostitute, brothel owner/operator, and enforcer are all considered criminal offenses, though clients are not generally prosecuted. The sex trade is largely underground. It is visible only at two extremes: in nightclubs and bars that cater primarily to affluent foreigners; and in poor neighborhoods with large migrant populations.

E. (SBU) Following amendments to different acts in 2001 and 2002, the government began to prosecute people involved in trafficking for the purposes of prostitution.  According to the MFA, in 2002 the first trials and convictions under the amended sections 372, 372A and 372B of the Penal Code began to work their way through the courts, with 9 trials and 7 convictions.

In 2003 there were 85 cases investigated, 31 prosecutions and seven convictions.  According to RMP statistics, 28 persons were prosecuted (and two convicted) under Sections 372 and 373 of the Penal Code from January - September 2005, compared with 38 persons prosecuted (and 17 convicted) during all of 2004.

(SBU) When police lack sufficient evidence to convict a suspected pimp or trafficker, they use the Restricted Residence Act to detain the suspected individual.  The Act allows the government to detain a suspected trafficker indefinitely, without due process of law.  During the first nine months of 2005, 48 suspected traffickers were detained under the Restricted Residence Act, compared with 47 during all of 2004.

(SBU) According to the government, it detained "about 40" members of regional trafficking syndicates from 2000-2004 under the Internal Security Act (ISA).  The suspected traffickers used Malaysia as a transit point for trafficking Chinese nationals to third countries.  The government stated that 13 international trafficking syndicates were eliminated in these operations.

(SBU) Government officials, NGOs and legal analysts acknowledge that prosecution of trafficking perpetrators is complicated by the difficulty in producing credible evidence and by the lack of victim cooperation.  Evidentiary barriers, the prosecution's burden of proof beyond a reasonable doubt, and pressure to produce convictions in a backlogged criminal justice system all work against effective prosecution of trafficking cases.  Given these problems, the government has employed the ISA, the Emergency Ordinance and the Restricted Residence Act to detain or restrict the activities of people suspected of trafficking and alien smuggling activity.

F. (SBU) The RMP reports that a number of large organized criminal syndicates, as well as a few smaller groups, traffic foreign women into Malaysia, using Malaysia either as the women's final destination or as a transit point to a third country.  In 2005, there were numerous reports of prostitution rings broken up by police and syndicate members arrested for involvement in prostitution.  Employment agencies are sometimes used as fronts for people smuggling and trafficking in persons.  Sex tourism is not widespread in Malaysia, nor are there reports of marriage brokers fronting for traffickers.

G. (SBU) As noted in para 8E above, the Malaysian government is actively investigating cases of trafficking.  Police efforts to break criminal syndicates are complicated by layers of middlemen, some of whom reside outside Malaysia.

Often trafficking victims, both Malaysians who have gone abroad and foreigners brought to Malaysia, may only know one middleman, who is probably using a false identity.  In investigating cases of trafficking, police investigators attempt to question repatriated Malaysian victims as soon as they return, but the victims usually cannot or will not provide enough information for further investigation.

H. (SBU) The government lacks the expertise to provide law enforcement officers with specialized training on how to investigate incidences of trafficking.  It continues to take full advantage, however, of TIP training for law enforcement officers and prosecutors at ILEA Bangkok, as well as bilateral training on domestic violence sponsored by the USG in Malaysia. Police, prison and immigration officials also lack TIP victim identification expertise.  In 2005, senior police and immigration officials asked for USG-sponsored TIP victim identification training.  The Embassy continues to seek funding and provision of such training for GOM law enforcement officials.

I. (SBU) The RMP cooperates with law enforcement agencies in neighboring countries whenever cross-border criminal incidents are being investigated.  In May 2002, Malaysia, Indonesia and the Philippines signed an agreement to facilitate cooperation in addressing border and security incidents, as well as transnational criminal activities that include human trafficking. 

In late 2002, the Sabah state government entered into a formal agreement with the government of the Indonesian province of East Kalimantan to cooperate on a range of issues, including combating TIP and investigating trafficking syndicates.  Malaysia actively participated in the Bali Process and has hosted two legislation workshops related to it. 

In early 2005, though a joint operation by the RMP and the British National Crime Squad, a Malaysian "snakehead" was arrested, tried and convicted of smuggling illegal Malaysian workers into the UK.

In April and October 2005, the RMP closely cooperated with an international NGO to raid several brothels in Johor, arrest one internationally active trafficker and rescue dozens of (primarily Thai) women.  Thai police from Songkla visited Kuala Lumpur in February to conduct a joint cross-border TIP investigation with local police.

Representatives from NGOs, as well as the Indonesian, Thai and Philippine embassies in Kuala Lumpur, characterize their cooperation with police as good.  NGO and embassy officials emphasize the timely responses from police to tips about the locations of possible TIP victims.

J. (SBU) There have been no reports of extraditing persons charged with trafficking.  Section 108A of the Penal Code allows Malaysian authorities to prosecute a Malaysian who commits or abets a crime in another country that would be deemed an offense under the Penal Code.  Malaysia is a party to the ASEAN Mutual Legal Assistance Treaty, which is designed to facilitate and expedite regional cooperation in fighting transnational crime.  Malaysian law does not prohibit extradition of Malaysian nationals.

K. (SBU) There have been no proven cases of tolerance or complicity in TIP by government authorities.  Pockets of general corruption, particularly at the local police and immigration levels, exist.

L. (SBU) Although some low-level police and immigration officials likely receive bribes from brothel owners, pimps and traffickers, we are aware of no allegations that police officers or other government officials have engaged in trafficking.

(SBU) Most analysts assume that some trafficking-related corruption exists among law enforcement and immigration ranks, since some TIP victims have been known to pass through two or more ports of entry without travel documents. 

In April 2005, a government-sponsored independent police commission noted a rising incidence of police corruption. Included among the appointed commissioners were women activists active in the fight against TIP.  The commission reported that disciplinary actions were initiated against 1,216 police personnel for corruption and other offenses during 2004, compared with 1,138 in 2003. Police offenses noted in the report included accepting bribes, theft, and rape; punishments included suspension, demotion and dismissal. 

The number of these officers involved in facilitating trafficking was not available.  As noted above, the Prime Minister recently ordered the Attorney General to complete the legal groundwork necessary to create a permanent independent commission to hear complaints against the police. If ultimately established, this commission could provide an effective venue for investigations into allegations of police complicity in trafficking.

M. (SBU) Malaysia does not have an identified child sex tourism problem, although the Indonesian, Thai and Philippine embassies occasionally report interviewing victims under 18 years of age what have been trafficked for sexual exploitation.

N. (SBU) Malaysia signed and ratified ILO Convention 29 in 1957, ILO Convention 105 in 1958 (but renounced it in 1990), ILO Convention 182 in September 2000, and the UN Convention on the Rights of the Child in September 1995.  Malaysia signed the UN Convention against Transnational Organized Crime in September 2002 and ratified it in 2004.  The government has not signed the supplemental Protocol on the Sale of Children, or the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women.

12. PROTECTION AND ASSISTANCE TO VICTIMS (PARA 24)

A. (SBU) The government provides no shelter facilities dedicated exclusively to TIP victims, as these individuals are not recognized as victims under Malaysian law.  Until Malaysia amends its existing laws or enacts comprehensive anti-TIP legislation, TIP victims will be routinely processed as illegal migrants and held in the country's prisons or illegal migrant detention facilities, prior to deportation.

According to the RMP and foreign consuls, trafficking victims identified by the police are released on an ad hoc basis into the custody of a consular official and sent to a women's shelter instead of being kept in police lock-up.  The Indonesian, Thai and Philippine embassies report that in 2005, RMP officers brought in many of the over 500 victims assisted by the embassies' respective shelter programs during the year.

(SBU) As of February 2006, the Indonesian embassy's shelter held 140 individuals, approximately 80% of whom were deemed TIP victims by embassy officials.  Women's shelters run by other foreign embassies temporarily housed an additional 30-40 TIP victims per year.  NGOs and police report that NGOs currently do not have the capacity to shelter more than 25-50 victims nationally, leaving the police few alternatives to housing victims in detention facilities.  Owing to language barriers and limited police training, foreign trafficking victims are usually not recognized as victims and are treated as immigration offenders.  HIV/AIDS screening is usually provided for individuals arrested for prostitution and for others who are identified as trafficking victims rather than illegal migrants.  When trafficking victims are identified as victims prior to detention, they may be sent to a hospital for examination and released to their embassies for repatriation.

B. (SBU) Although NGOs do not receive government funding specifically to provide services to trafficking victims, the government provides general funding to 75 NGOs dedicated to women's welfare.  These NGOs provide shelter for victims of rape and domestic violence, counseling, legal referrals, and job skills training.  Three foreign embassies maintain shelters in Kuala Lumpur for citizens who have no place to take refuge.  The Thai embassy's shelter is small and held no individuals as of February 2006, while the Indonesian embassy's shelter is by far the largest, with a (typically exceeded) capacity of 80.  Many using the shelters are trafficking victims.

The MWFCD has introduced "women's centers" in each state for impoverished, abused and otherwise vulnerable women who may need shelter, counseling, and job skills training.  The ministry currently operates five such shelters.  The ministry stated in 2005 that one of these shelters could be quickly converted to house trafficking victims who need assistance, once Malaysian law allows the GOM to handle TIP victims as such.

C. (SBU) The government has not yet implemented a formal screening process to identify TIP victims and treat them accordingly.  A Suhakam-designed TIP victim identification questionnaire was used briefly on a trial basis in 2005 at the Kajang women's prison.  Both Suhakam and the prison's director told us recently that it is no longer used, as Malaysian law does not allow special treatment for detained TIP victims.

D. (SBU) Foreign TIP victims are often not recognized as victims and, if they are holding false travel documents or have been arrested for prostitution, are usually detained and deported.  Illegal migrants (including some victims) who are caught by the Malaysian authorities without valid travel documents are held for a few days in police custody before being sent to immigration detention centers or prisons pending deportation.  The period of detention varies widely, from a few days to several months.  According to foreign consular representatives, the usual sentence is one or two months' imprisonment and a fine, followed by deportation.

E. (SBU) The Malaysian government encourages victims to assist in the investigation and prosecution of trafficking, but reports that most victims are unwilling to testify or do not have sufficient information to assist in a prosecution.

A trafficking victim may file a civil suit against a trafficker under Malaysian law, and there have been many cases of migrant workers filing such suits in cases where they were not paid the salary they were promised or put to work in abusive conditions that were contrary to their contracts.

While there is no specific impediment to the victims' access to such legal redress, they are usually not able to obtain employment while the court considers their case, and so for economic reasons this type of action in not usually pursued.  We are not aware of any victim restitution program.

F. (SBU) Some foreign victims have access to legal counsel through the Legal Aid Center of the Malaysian Bar Council. Police say that most victims are unwilling or unable to provide enough information for criminal prosecution of the trafficker, and many simply want to return to their home country as soon as possible. 

One NGO reported that pimps and traffickers are often present in the courtroom during court proceedings to intimidate the victims, while another NGO reported in October that police allowed a trafficker to visit ten Thai trafficking victims in detention.  The Malaysian government does not have a witness protection program in place for any prosecution witnesses. 

The Abduction and Criminal Intimidation of Witnesses Act of 1947 criminalizes the abduction of any person for the purpose of preventing their testimony and thereby obstructing justice.  The police and Attorney General have advised that this is rarely used in trafficking cases. 

The courts have begun to experiment with video conferencing and videotaped depositions to provide protection to victims who are afraid to testify in court.  As of February 2006, the necessary equipment was installed in several locations, but the program had not yet been initiated.

(SBU) According to an Indonesian embassy official, many Indonesian plantation workers in Sabah are detained on the plantations and forced to work for less than $3 (i.e. RM8-10) per day.  Under Malaysian law, victims of these forms of trafficking are entitled to seek compensation through the legal system and are eligible to remain in Malaysia while their legal suit is pending.  In general, Malaysian courts have ruled in favor of the victims and in some cases imposed harsh prison sentences on the employer.  However, such labor-related lawsuits may take months or even years to be adjudicated.  Meanwhile, the victim is not allowed by the GOM to work and is typically left with insufficient means of financial self-support; they therefore often leave the country, rather than see their case through to completion.

G. (SBU) The government does not currently provide special training for officials on how to identify or assist trafficking victims.  Senior police and immigration officials have acknowledged that additional training and expertise are needed to improve identification and handling of trafficking victims.  Police and immigration officials have asked the USG to provide additional such training to improve their anti-TIP capability, and we have requested funding for the training (ref B).  Outside of citizen services and repatriation training, Malaysian embassy and consulate staff abroad do not receive specialized training on how to assist trafficking victims.  Malaysian police, immigration officials and public prosecutors have received training at ILEA on trafficking in persons, as well as USG-funded bilateral training on domestic violence.

H. (SBU) Repatriated Malaysian victims who do not have the support of family or friends are referred to the MWFCD for public assistance.  Private groups, such as the MCA's welfare wing, also offer services to repatriated victims.

I. (SBU) MCA, the Bar Council, Tenaganita, Women's Aide Organization (WAO), and the International Federation of Women Lawyers (IFWL) are the Malaysian NGOs most active in working with trafficking victims.  In 2004, the IOM provided Assistance to Suhakam to draft a national plan of action to combat TIP. 

In 2005, the IOM and Tenaganita submitted a project proposal to the Embassy to shelter, repatriate and reintegrate TIP victims. Following funding approval, the IOM and Tenaganita signed a MOU regarding establishment of the shelter, and it is scheduled to commence operations in March 2006.  Two NGOs maintain shelters that are available to foreign trafficking victims. 

One of the shelters provides in-house counseling, medical referrals to clinics and legal referrals to the Bar Council's Legal Aid Center.  The shelter also works with foreign missions to arrange for translators and to facilitate repatriation for women trafficked to Malaysia.  Other women's shelters in the country provide refuge, but have few additional resources for the special needs of trafficking victims. 

NGO relations with local authorities vary.  Some frequently receive cooperation from law enforcement officials, but others experience greater difficulty.  The MCA, WAO and Tenaganita provide a full range of services, including counseling, shelter, and repatriation assistance.  The Bar Council and IFWL provide legal assistance.  Foreign embassies and local NGOs report that cooperation with the federal police in Kuala Lumpur has generally been good.  Outside of Kuala Lumpur, with other agencies such as Immigration, cooperation is less consistent.

13. HEROES (PARA 22)

(SBU) For the 2006 Trafficking in Persons Report the Embassy nominates Irene Fernandez, President of local NGO Tenaganita, for honor as an individual who has demonstrated an exceptional commitment to fighting TIP.  Over the past several years, her work on behalf of both mistreated migrant workers and sexual trafficking victims in Malaysia has garnered her worldwide respect and support. 

Fernandez was arrested in March 1996 for publishing a report about detainee abuse and very poor sanitation conditions in the country's illegal migrant detention centers.  Found guilty in October 2003 and sentenced to one year in jail, she appealed her case.  Hers has become the longest-running court case in Malaysian history. 

In May 2005, her NGO Tenaganita published a video entitled "Breaking Labor" that included the tragic stories of several foreign victims of labor trafficking and abuse in Malaysia.  During 2005, Tenaganita facilitated legal assistance and shelter for sexual trafficking victims. 

In December 2005, Fernandez traveled to Stockholm to accept the Right Livelihood Award, commonly known as the "Alternative Nobel Prize."  And as of February 2006, in cooperation with the IOM and with USG funding, Tenaganita was poised to establish Malaysia's first dedicated TIP victim shelter and repatriate TIP victims to their home countries. Tenaganita has become the largest and most effective anti-TIP NGO in Malaysia, and this status is largely due to Fernandez' efforts.  She has demonstrated considerable vision, courage and leadership in the face of the Malaysian government lawsuit.  Her efforts have directly benefited hundreds of TIP victims, as well as influenced the GOM to improve its anti-TIP attitudes and actions.

LAFLEUR

 

The fear of unity

Posted: 29 Jun 2011 07:43 PM PDT

It is about Malaysians of different ethnicities and religious persuasions marching side-by-side, holding hands, looking out for one another and, in one united voice, demanding free, fair and clean elections in the pursuit of better governance.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

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SEE VIDEO ON YOUTUBE HERE: http://www.youtube.com/watch?v=2x3SjSgqXGc

The government wants to stop the planned BERSIH march of 9th July 2011. They government says it fears that the BERSIH event may get out of control and will escalate into an Egypt, Tunisia, Libya, etc., situation.

That may be only part of the reason but is not the more important reason.

The real and more important reason is that the government is worried the Malays, Chinese, Indians, Sikhs, Ibans, Dayaks, Kadazan-Dusuns, Bajaus, Bidayuhs, Orang Ulu, Orang Asli, Muruts, Bugis, Menangkabaus, Boyans, Javanese, Arabs, Pakistanis, Mamaks, Thais, Portuguese, 'lain-lain', etc., may unite on 9th July 2011.

Any student of history knows that unity is bad for despotic or autocratic regimes. A mere few thousand colonialists can control a country of hundreds of millions as long as the people are divided. But once the people unite the colonial government is going to face a host of problems.

And that was why the British mastered the game of 'divide and rule'. Divide and rule works well when a handful of people want to dominate the masses. The local population can outnumber the invaders 100,000 to one. That is not a problem as long as the 100,000 are not united. The problem begins when the 100,000 unite and gang up on the one.

How do you think 191 Umno division heads have been able to dominate a Malaysia of 28 million people? That is because of the system they have set up where 191 Umno division heads decide who becomes the Prime Minister and the rest of the 28 million Malaysians are divided by race and religion.

The BERSIH march of 9th July 2011 threatens to unite all Malaysians irrespective of race and religion. The government saw this happen on 10th November 2007 during the BERSIH 1.0 march. And this has put fear in the government because BERSIH 2.0 may prove to be bigger and better than BERSIH 1.0.

In 2007 the politicians headed BERSIH 1.0, and mostly Malays at that too. BERSIH 2.0 is not being headed by politicians -- and not a Malay on top of that. This is bad news for the government.

The only weapon the government has to use against its own people -- just like many despotic and autocratic governments the world over since thousands of years -- is the fear factor. So the government is throwing everything including the kitchen sink against BERSIH. The government is trying to put fear into the hearts and minds of Malaysians -- the fear that 9th July 2011 may turn into another 13th May 1969.

The race and religion card plus threats of riots and loss of life is being played to the hilt. The government hopes that the 'gutless' and 'selfish' Chinese will be intimidated and will stay home -- or even better: go down to Singapore or up to Bangkok for a weekend 'holiday'. The government hopes that the Malays will see BERSIH 2.0 as a Christian plot to undermine Islam and a Chinese conspiracy to erode Malay political power so that the Malays can be reduced to second-class citizens in their own country.

But if all these efforts fail and the Chinese are not intimidated by all this talk of race-religion riots and the Malays are not fooled by all this talk of Christian plots and Chinese conspiracies then the government is screwed big time, super-big time.

So BERSIH 2.0 needs to be thwarted. No stone must be left unturned to ensure that BERSIH 2.0 fails. If it succeeds then all is lost.

It is not about the danger of Malaysia turning into Egypt, Libya, Tunisia, or even Beirut. That is not what the government fears.

It is about Malaysians of different ethnicities and religious persuasions marching side-by-side, holding hands, looking out for one another and, in one united voice, demanding free, fair and clean elections in the pursuit of better governance.

That is what the government fears above all else.

So what are we, Malaysians of various ethnicities and religious persuasions, going to do on 9th July 2011? You tell me.

 

Kredit: www.malaysia-today.net

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Malaysia: End mass repression of pro-reform activists

Posted: 30 Jun 2011 05:02 AM PDT

AMNESTY INTERNATIONAL PRESS RELEASE

Malaysian authorities are arbitrarily arresting and detaining scores of peaceful electoral reform protesters in the worse repression of free speech and freedom of assembly in recent years, Amnesty International said today.

Among those currently detained are 30 peaceful activists from the Socialist Party who were denied review of their detention today under accusations of "waging war against the king". 

Since 24 June, more than 100 activists have been arrested or questioned by police over their support of an electoral reform rally. The demonstration is being planned for 9 July by the Coalition for Fair and Free Elections, also known as Bersih 2.0, meaning 'Clean'.

"The Malaysian authorities are muzzling calls for electoral reform by throwing peaceful protestors in jail," said Donna Guest, Deputy Asia-Pacific Director at Amnesty International. "We have not seen such a crackdown on political activists across Malaysia in many years."

People have been arrested for as little as wearing yellow (the colour of Bersih 2.0), are being held without charge, and face investigation for sedition and unlawful assembly.  The government has also threatened to invoke the draconian Internal Security Act over the rally, allowing for indefinite detention without trial.

"Malaysia is undermining its claim to be a moderate democracy through this campaign of repression," said Donna Guest.

Amnesty International is calling for Malaysia to immediately release all activists or charge them with a recognizably criminal offence , drop unfounded charges, and respect the right to freedom of expression and peaceful assembly.

Today, the Penang High Court dismissed a review of the arbitrary detention of 30 Socialist Party activists, remanding them without charge for "waging war against the king," which is punishable by life imprisonment.  The activists, including two children, were arrested en route to a Bersih 2.0 event in Penang on 25 June.

Among these detainees is Socialist Party member of parliament Dr Jeyakumar Devaraj, who was denied access to essential heart medication for 15 hours while in detention, before being sent to a hospital for treatment.

Four more people were arrested and released today, including a Perak state assemblymen and a member of parliament, for wearing yellow.

On 29 June, police raided the office of the Bersih 2.0 Secretariat without a warrant, briefly detaining seven people and confiscating laptops, cameras, and rally materials. 
The chair of the Bersih 2.0 Organising committee, prominent lawyer Datuk Ambiga Sreenevasan, and Malaysian Poet Laureate A Samad Said are both being investigated by police under the Sedition Act and Police Act for organising an "unlawful assembly".

Malaysia's home minister, Hishammuddin Hussein, threatened on 26 June to invoke the Internal Security Act against rally organisers, on the grounds of national security.

"This repression is clearly politically motivated to intimidate people from marching for electoral reform," said Donna Guest. "The use of repressive laws to criminalise peaceful political activism is appalling."

Bersih 2.0 plans to hold the 9 July rally to demand a set of electoral reforms. These include fair access of all political parties to the media, reform of postal ballots and revisions of the electoral roll to address irregularities.
 

BERSIH 2.0 Australia

Posted: 30 Jun 2011 04:27 AM PDT

FELLOW MALAYSIANS WHO ARE INTERESTED IN BRINGING IN CHANGE ARE MOST WELCOME TO JOIN!!

Let's join us to support BERSIH. For democratic, for clean & fair elections, for a better Malaysia.

Canberra's Update:

Event Page - https://www.facebook.com/event.php?eid=164833410249161
Date: 9th July
Venue: Parliament Front Entrance

Time: 12.30pm

If you need transport, please be at Davey Lodge at 12.00pm. Please wear yellow and bring cameras along with you to capture this historical moment. Apart from the photo session, we will be having a small picnic with the organizers so may bring some simple things to share (chips, biscuits, fruits, soft drinks, etc)

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Sydney's Update:

Event page - http://www.facebook.com/event.php?eid=125777650841738

Date: 9th July

Venue: Sydney CBD Town Hall

Join us to support BERSIH. For democratic, for clean & fair elections, for a better Malaysia.

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Melbourne's Update

Event page - http://www.facebook.com/event.php?eid=197771980273705

Date: 9th July

Venue: Federation Square

Time: 1.30pm

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Perth's Update

http://www.facebook.com/event.php?eid=193179104064996

Date: 9th of July

Venue: Malaysian Consulate-General, 252 Adelaide Terrace, Perth, Australia

Time: 1.30pm

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Adelaide's Update:

Fan Page - http://www.facebook.com/pages/Bersih-20-Adelaide/247082418638582?sk=wall
Event page - http://www.facebook.com/event.php?eid=234301723260692

Date: 9th of July

Venue: Victoria square, Adelaide (opposite hilton adelaide, near the victoria water fountains)

Time: 2pm

FELLOW MALAYSIANS WHO ARE INTERESTED IN BRINGING IN CHANGE ARE MOST WELCOME TO JOIN!!

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Brisbane's Update

Event Page - https://www.facebook.com/event.php?eid=115134585242627

Date: 9th July

Venue: Brisbane Square

Time: 1.30pm

Let's join us to support BERSIH. For democratic, for clean & fair elections, for a better Malaysia.

WIKILEAKS: Malaysia’s sixth annual trafficking in persons report

Posted: 30 Jun 2011 01:00 AM PDT

Malaysia is a destination and, to a far lesser extent, a transit country for men and women trafficked for the purposes of sexual exploitation and forced labor. Collectively, as many as several thousand women from the People's Republic of China, Indonesia, Thailand, Philippines and Vietnam are trafficked to Malaysia for commercial sexual exploitation.  Additionally, some economic migrants from countries in the region who work as domestic servants and as laborers in the construction and agricultural sectors face exploitative conditions in Malaysia that meet the definition of involuntary servitude.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

UNCLAS SECTION 01 OF 13 KUALA LUMPUR 000372

SENSITIVE

SIPDIS

 

DEPT FOR G/TIP, G, INL, DRL, PRM, IWI, EAP/RSP

 

E.O. 12958: N/A

TAGS: PHUM, KCRM, KWMN, SMIG, KFRD, ASEC, PREF, ELAB, MY

SUBJECT: MALAYSIA SIXTH ANNUAL TRAFFICKING IN PERSONS REPORT

 

REF: A. STATE 3836

     B. 05 KUALA LUMPUR 3792

 

1. (SBU) SUMMARY AND INTRODUCTION:  Malaysia is a destination and, to a lesser extent, a transit country for men and women trafficked for the purposes of sexual exploitation and forced labor.  Women from the People's Republic of China, Indonesia, Thailand, Philippines and Vietnam are trafficked to Malaysia for commercial sexual exploitation.  Additionally, some economic migrants from countries in the region who work as domestic servants and as laborers in the construction and agricultural sectors face exploitative conditions in Malaysia that meet the definition of involuntary servitude.

2. (SBU) There are no reliable statistics revealing the total number of women trafficked into Malaysia.  Foreign embassies and NGOs report that in 2005, at least 500 trafficking victims were rescued and repatriated.  During the first nine months of 2005, over 4,600 foreign women were arrested and detained for prostitution, compared with over 5,700 arrested during all of 2004. 

According to the government-funded National Human Rights Commission (Suhakam), a significant number of these women were probable TIP victims.

3. (SBU) The government recognizes that trafficking is a problem and has taken significant steps to combat it.  Senior officials have expressed their support for anti-TIP programs, including comprehensive anti-TIP legislation and TIP victim identification training for police and immigration officials.

In November 2004, the government signed an ASEAN declaration calling for greater regional cooperation against trafficking in persons.  In December 2004, the government hosted the signing of a Mutual Legal Assistance Treaty with eight other ASEAN countries to improve regional cooperation and prosecution of transnational criminal activities including trafficking.  Also in December, the women's affairs minister announced her intent to establish of the first shelter specifically for foreign women who are victims of trafficking.

4. (SBU) Government implementation of these steps has lagged, however.  According to Suhakam, the government has not significantly improved its anti-TIP actions since late-2004. Malaysia lacks comprehensive anti-trafficking legislation that would enable officials to identify and shelter victims, and to prosecute traffickers under a single criminal statute.

The government has not taken the legal steps necessary to establish the government-run shelter announced by the women's minister.  While final statistics for 2005 are not yet available, convictions of traffickers under the penal code are down from the previous year.

5. (SBU) The government should draft and enact a comprehensive trafficking law that recognizes trafficked men and women as victims and provides them with shelter, counseling and repatriation assistance.  The government should also systematically screen foreign prostitutes and illegal migrants, in order to identify and provide care for trafficking victims in their midst.  In addition, the Ministry of Women, Family and Community Development (MWFCD) should fulfill its December 2004 undertaking to establish one or more dedicated shelters for foreign trafficking victims.

6. (SBU) The Embassy has urged the MWFCD to establish one or more shelters and stronger legal protections for victims of trafficking.  We are encouraging the ILO and other international NGOs to be more proactive in TIP programs in Malaysia and are partnering with local NGOs to expand the infrastructure and resources required to respond effectively to the needs of victims.  We have also offered to provide the USG's TIP victim identification expertise to police and immigration officials.  The response from the Malaysian government to these proposed initiatives has been positive and cooperative.

7. (SBU) We believe that the government of Malaysia does not fully comply with the minimum standards for the elimination of trafficking.  The Malaysians have made significant efforts in previous years to bring themselves into compliance with minimum standards.  However, they have not provided evidence of increasing efforts to combat severe forms of trafficking over the previous year.  We therefore recommend that Malaysia be moved from Tier 2 to Tier 2 Watch List in the 2006 Trafficking in Persons Report. 

The placing of Malaysia on the Watch List should assist us in communicating to the government of this moderate, Muslim-majority democracy the importance with which we regard the need for it to continue to address its trafficking issues.  End Summary and Introduction.

8. (U) Embassy's submission for the 6th Annual Trafficking in Persons (TIP) Report for Malaysia follows.  Responses are keyed to paras 21-25 of ref A.  Embassy's point of contact for TIP is political officer Jeffrey Hilsgen (phone: 603-2168-4831, fax: 603-2168-5165, email: hilsgenjg@state.gov).  Per the request in para 20 of Reftel, to date the Embassy has spent the following time on the TIP report: FS-1: 12 hours; FS-4: 75 hours; FSN: 10 hours.

9.  CHECKLIST (PARA 21)

A.    A. (SBU) Malaysia is a target destination for crime syndicates trafficking women and girls into the country for the sex trade.  To a much lesser extent, Malaysia is also a country of origin and transit.  While there are no reliable statistics revealing the total number of women trafficked into the country, estimates can be made drawing from different sources.  Foreign embassies and NGOs report that in 2005, at least 500 trafficking victims were rescued and repatriated. 

During the first nine months of 2005, 4,678 foreign women were arrested and detained for suspected involvement in prostitution, compared with 5,783 arrested during all of 2004.  Chinese nationals accounted for the largest percentage of such arrests (more than 40%), followed by nationals of Indonesia (25%), Thailand (17%) and the Philippines (10%).  According to the government-funded National Human Rights Commission (Suhakam) and involved NGOs, a significant number of these women were probable TIP victims.

(SBU) While little verifiable information exists regarding the number of Malaysian women trafficked to other countries, the GOM claims that no Malaysian women were trafficked outside the country in 2004 (the latest period they reviewed).  GOM statistics state that 20 Malaysian women were arrested in 2004 for immigration violations in various countries.  According to the GOM, none of the women claimed to be trafficking victims or gave any indications they had been trafficked.  Our conversations with local NGOs indicate that fewer than 100 Malaysian women are trafficked abroad each year, and that the number has declined in recent years.

(SBU) Our sources of information on TIP in Malaysia include the Royal Malaysia Police (RMP), the Attorney General's Chambers, the Immigration Department, the Ministry of Home Affairs, the Ministry of Internal Security, the Ministry of Foreign Affairs (MFA), the Ministry of Women, Family and Community Development (MWFCD), the Malaysian Chinese Association (MCA, an ethnic-Chinese political party in the ruling coalition), Suhakam, several foreign diplomatic missions, and a number of local NGOs, including the Malaysian Bar Council.  These sources were forthcoming with credible information on TIP.

B. (SBU) Malaysia is a destination and, to a far lesser extent, a transit country for men and women trafficked for the purposes of sexual exploitation and forced labor. Collectively, as many as several thousand women from the People's Republic of China, Indonesia, Thailand, Philippines and Vietnam are trafficked to Malaysia for commercial sexual exploitation.  Additionally, some economic migrants from countries in the region who work as domestic servants and as laborers in the construction and agricultural sectors face exploitative conditions in Malaysia that meet the definition of involuntary servitude.

(SBU) A small number of Malaysians are trafficked annually to other countries, though recent data suggest that the number has decreased to negligible levels.  According to NGO sources, young Malaysian ethnic Chinese women are the primary targets of traffickers recruiting prostitutes in Malaysia.

For religious and/or cultural reasons, trafficking of ethnic Malay or ethnic Indian women is infrequent.  According to most reports, Malaysian Chinese women are lured by word of mouth and by personal contacts connected to mainland Chinese criminal syndicates with international connections.  Promises of high-paying jobs and freedom from the restrictions of Malaysia's generally conservative society are the main motivating factors.

(SBU) During meetings with senior USG representatives in 2005, Malaysian government officials expressed strong support for combating trafficking in persons.  While the government views the issue of trafficking both as a stand-alone problem and as part of the larger challenge of border security and illegal migration, Malaysia does not fully comply with the minimum standards for the elimination of trafficking.

According to the government funded National Human Rights Commission (Suhakam), the government has not significantly improved its anti-TIP actions since Suhakam's publication in January 2005 of a national plan of action to combat trafficking.  The government has taken steps to combat trafficking and has a broad array of criminal laws available to it to deter and punish traffickers, but Malaysia lacks comprehensive anti-trafficking legislation that would enable officials to identify victims, shelter them, and prosecute traffickers under a single criminal statute.  Compared to 2004, prosecutions and convictions of traffickers under the penal code declined during the first nine months of 2005.

(SBU) The majority of persons trafficked into Malaysia for sexual exploitation come from China, Indonesia and Thailand, with smaller numbers coming from the Philippines, Vietnam, India and Cambodia, Burma and Laos.  Anecdotal evidence indicates that numbers of victims coming from neighboring ASEAN countries have remained relatively constant over the last few years. 

The number and patterns of victims coming from source countries tend to reflect GOM immigration and visa policies.  For example, China has grown as a source country in recent years due to a more liberal Malaysian visa policy that reflects growing economic ties and GOM efforts to encourage tourism and university enrollment from Chinese students.  China has become the largest and fastest-growing source country for prostitutes in Malaysia; many of these Chinese women and girls are likely TIP victims.

(SBU) The Royal Malaysia Police (RMP) compiles statistics on arrests of foreign women with suspected involvement in prostitution, broken down by nationality.  The Immigration Department's enforcement division also collects data on trafficking cases.  Malaysian authorities do not adequately distinguish illegal migrants from trafficking victims.  Law enforcement officials assert that the great majority of the foreign women arrested for prostitution in Malaysia entered the country voluntarily and with valid travel documents.

However, surveys by Suhakam and interviews with Indonesian, Thai and Philippine embassy officials indicate that as many as fifty percent of foreign women arrested for prostitution are possible trafficking victims.  According to the Thai embassy's anti-TIP officer, nearly all of the Thai women arrested for prostitution claim to be TIP victims during interviews conducted by embassy officials.

(SBU) To avoid detection by law enforcement authorities, trafficking victims engaged in prostitution are often confined to the premises of their establishments, whether it is a place of entertainment or a privately owned apartment or home.  Some women are taken out under strict supervision to meet customers at hotels or private residences.  Trafficking victims are kept compliant through involuntary confinement, confiscation of travel documents, debt bondage, and physical abuse or threat of abuse, according to NGO representatives, academics, and foreign consuls.

(SBU) In terms of prevention, in 2002 and 2003 the government took steps to toughen the criteria for young foreigners seeking student visas, to monitor individuals with student visas more carefully to ensure they were actually attending school, and to scrutinize more closely young foreign women entering the country on special two week "social passes."  It has also stepped up border detection for smuggling, illegal migration, and drug and people trafficking.

(SBU) There is no evidence of widespread tolerance or complicity in TIP by government authorities, though accusations of more general corruption, particularly at the local police and immigration levels, exist.  Foreign diplomatic missions report good cooperation on TIP from law enforcement authorities at the federal level, but some NGOs have alleged that outside of Kuala Lumpur they have received less cooperation.  Several NGOs report that that police cooperation with NGOs and other groups against traffickers has improved.

C. (SBU) Government resources are overwhelmed by the sheer magnitude of illegal migrants entering the country.  Analysts estimate that over one million illegal migrants live in Malaysia.  Law enforcement agencies lack adequate resources to deal with the influx, and criminal syndicates have been quick to exploit this weakness.  TIP victims are lost in the crowd of illegal migrants from China, Indonesia and Thailand.

The Indonesian embassy estimates that only a small minority of the 70,000 Indonesian workers in Sabah are legally registered with the GOM.  Immigration authorities say they do not have the manpower or language resources to question and distinguish trafficking victims from illegal migrants, or to properly assist them when they are identified.  The NGO community is small, poorly funded, and often does not have the capacity to provide for victims even when the police seek their assistance.

D. (SBU) Suhakam in 2004 conducted a comprehensive review of Malaysia's response to TIP.  A 159-page report published in January 2005 included interviews with victims, police, immigration, prison authorities, ministries involved in TIP, the Attorney General, foreign embassies, NGOs and IOs.  The report called for wide-ranging measures to combat trafficking and a more human rights-centered approach for protecting victims. 

The report was widely publicized in the local media and generated positive commentary from the public, NGOs and government officials.  The state-influenced media gives extensive coverage to law enforcement raids against brothels, massage parlors, and other locales where foreign women and their pimps have been arrested for suspected involvement in prostitution. 

The government does not systematically publish detailed statistics about its arrests, prosecutions and convictions of pimps and traffickers.  The GOM has provided this and related information to the Embassy upon request. The government has also provided a detailed written response to our annual trafficking in persons report.

10. PREVENTION (PARA 22)

A. (SBU) In 2004 the government signed the ASEAN Ministerial Declaration against Trafficking in Persons.  Government officials regularly acknowledge that Malaysia is a destination and transit country and assert that they are committed to combat TIP comprehensively.  They view trafficking as a problem connected to organized crime, prostitution, smuggling and illegal migration, and recognize that many young foreign women involved in prostitution in Malaysia are victims of TIP.  However, some also assert that many prostitutes working in Malaysia are here out of choice and that these women should be prosecuted as such and deported as illegal migrants. 

Government officials have expressed concern that some women willingly involved in vice claim to be TIP victims when arrested.  The government acknowledges that it has difficulty in distinguishing TIP victims from foreign sex workers who entered Malaysia willingly, as many of these women do not speak Bahasa or English and choose not to file charges against their traffickers.

B. (SBU) The RMP, the Immigration Department, the Ministry of Home Affairs, the MWFCD, the MFA, and the Attorney General's office are the government agencies involved in anti-trafficking efforts.  Suhakam, which is funded by the government, and the MCA, the second-largest party in the governing coalition, are also active in anti-TIP efforts.

C. (SBU) MCA publishes warnings in its Chinese-language publications and makes public statements to caution potential victims about overly lucrative job offers abroad.  The MCA reported that the number of Chinese victims seeking assistance from its offices declined to 39 in 2005, compared with 56 in 2004 and 75 in 2003.  The government has not directly sponsored anti-trafficking campaigns.

D. (SBU) The government supports some trafficking prevention programs.  Currently, the MWFCD operates "rehabilitation" homes for women and girls (under 18) who have been determined by the courts or their families to be at risk of engaging in prostitution or other vice activities.

(SBU) Malaysian women comprise more than half of the university student population, account for 44% of the nation's labor force, and hold significant high-profile positions in government, NGOs and the private sector.  In 2004, the Ministry of Women's Affairs and Family Development was merged with the Ministry for Social Welfare to create an expanded Ministry of Women, Family and Community Development.

The women's affairs minister secured passage in August 2001 of a constitutional amendment barring sex discrimination.  In 2004, a women NGO activist who maintains a shelter for abused women and TIP victims was appointed to the royal commission on police reform.

(SBU) In 2004, Suhakam drafted a TIP national plan of action with support from the IOM.  Among other things, the plan recommended that the government fund shelters for foreign TIP victims that include reintegration programs.  In December 2004, the women's affairs minister announced the cabinet's approval to open a shelter specifically for "foreign women who are victims of trafficking." 

Prime Minister Abdullah attended the announcement, signaling his support.  The women's minister subsequently informed us that amendments to existing laws, or a new comprehensive anti-TIP law, had to be enacted prior to government establishment of a TIP victim shelter; current laws do not distinguish between TIP victims and illegal migrants engaged in vice activities.  In 2005, the MWFCD discussed launching a nationwide campaign in collaboration with various NGOs to increase public awareness on trafficking through seminars, workshops and dissemination of brochures. 

The campaign is supposed to target youths and school children and serve as a capacity-building program for law enforcement and policy makers to heighten their awareness of the problem.  It has not yet been launched.

F. (SBU) Government and NGO cooperation on trafficking is uneven and ad hoc, both because the government does not have established procedures for handling trafficking victims and because NGOs do not have the resources to care for more than a few victims at any given time.  In some cases victims are released into the custody of their embassies, which maintain limited shelter capabilities.  In other cases, police ask private shelters run by NGOs to accept TIP victims. 

Foreign embassies and several NGOs report good cooperation with police and immigration officials in securing immigration passes and shelter for foreign women workers who are victims of trafficking or physical abuse.  Police officers have been designated as liaisons with the MCA's Social Services and Welfare office and other NGOs on cases involving trafficking and other victims.

(SBU) Using USG funding and with the assistance of the IOM, local NGO Tenaganita plans to establish Malaysia's first dedicated shelter for foreign TIP victims in March 2006. Tenaganita intends to obtain the formal approval of police, immigration and Women's Ministry officials for the shelter, as it ramps up operations.  The Indonesian embassy's shelter in Kuala Lumpur has a capacity of 80 persons, but in mid-February it housed 140 individuals, including a 15-year-old girl recently trafficked into Malaysia from Sumatra for sexual exploitation.  Approximately 80% of the of the shelter's occupants are typically TIP victims, according to the embassy's lead anti-TIP official.  Of that number, about 80% are laborers escaping exploitative conditions, with the remainder are persons trafficked for sexual purposes.

G. (SBU) The Malaysian government views border control as a national security issue because of concerns related to terrorism, narcotics, public health, economic security, and social stability, as well as trafficking.  For all of these reasons, the government is making a strong effort to monitor the country's borders. 

Malaysian passports issued in the country are fitted with a microchip that stores the biographic data and photograph of the passport holder to prevent forged alterations and photo substitution of lost or stolen passports.  As part of its crackdown on vice in 2002, the government instituted tougher criteria for foreigners seeking student visas and increased border scrutiny of young persons, particularly from China, entering Malaysia on special "social passes." 

In 2005 the government began a large-scale program to issue immigration "smart cards" to permanent residents and legal workers in Malaysia.  The smart cards electronically store biographic data, fingerprints and the immigration status of the cardholder.

(SBU) Malaysia's 3000-mile-long coastline creates a tremendous challenge for Malaysia's security forces.  In addition, the long, heavily forested land border that East Malaysia shares with the Indonesian province of Kalimantan cannot be patrolled adequately.  The government nonetheless makes a serious effort to control these borders. 

Reports of organized criminal activity to facilitate the entry of illegal aliens are investigated by local law enforcement authorities, and in some cases suspected perpetrators have been detained under Malaysia's Internal Security Act (ISA), the Emergency Ordinance and the Restricted Residence Act, all of which allow for extended periods of detention without charge. 

In January 2005, the press reported that the police used the ISA to detain nine persons involved in forging Malaysian identity cards.  Seven of the individuals worked for the Malaysian national registration office and the remaining two were members of criminal syndicates.  In both 2003 and 2004, according to government statistics, approximately 4,000 foreign nationals were refused entry into Malaysia due to suspicion of owning fake or falsified travel documents.

H. (SBU) A number of governmental interagency groups address TIP and related issues.  The MFA leads an interagency group on transnational organized crime, which meets monthly and has been charged with addressing the trafficking issue from a regional perspective.  The Home Affairs Ministry supports another interagency group, the Cabinet Committee on Illegal Immigrants, which coordinates efforts against illegal migration, including TIP.  Deputy Prime Minister Najib, who also holds in his portfolio oversight of the National Human Rights Commission, chairs the Cabinet Committee on Illegal Immigrants.

(SBU) The Home Affairs Ministry also maintains a special interagency task force targeting vice that includes officials from the RMP, Immigration, and the Ministries of Home Affairs, Housing, Education, and Tourism.  According to NGOs, this task force meets occasionally, but its anti-vice contributions remain unclear.  An additional border security group, the Land Entry Points Coordinating Committee, reviews and improves the operational aspects of border control.  A similar group also coordinates efforts to improve service, security and efficiency of air-entry points. 

In the state of Sabah, on Borneo, an interagency Federal Special Task Force focuses primarily on illegal migration, but also tries to prevent TIP.  The task force includes representatives from the RMP, Immigration, the national security arm of the Prime Minister's Department, and the armed forces.  A separate agency under the Home Affairs Ministry, the Anti-Corruption Agency, investigates cases of public and private corruption.

A royal commission on police reform conducted a review of police practices, including allegations of police corruption and graft, starting in 2004, issuing 125 recommendations in April 2005.  In early 2006, the Prime Minister ordered the Attorney General to complete the legal groundwork necessary to create a permanent independent commission to hear complaints against the police.

(SBU) On the international level, TIP is a component of the Eight Priority Areas of Cooperation under the Work Program of the ASEAN Plan of Action to Combat Transnational Crime.  In 2004, Malaysia signed a joint ASEAN Declaration to Combat Trafficking in Persons.  The declaration called for greater regional counter-TIP cooperation and asked member states to undertake actions to respect and safeguard the dignity and human rights of victims of trafficking. 

In 2005, Malaysia convened a meeting of ASEAN attorneys general to sign an ASEAN-wide mutual legal assistance treaty (MLAT) designed to combat transnational crimes, including TIP, more effectively.

In May 2002, Malaysia, the Philippines and Indonesia signed the "Agreement on Information Exchange and the establishment of Communication Procedures" to establish a framework for cooperation on border and security incidents, transnational crimes (including trafficking in persons), and other illegal activities.  Subsequently, Cambodia, Brunei and Thailand acceded to the agreement.  Malaysia has been an active participant in the "Bali Process" initiated by Australia and Indonesia. 

In 2003, Malaysia hosted two follow-up legislative workshops on People Smuggling, Trafficking in Persons and related Transnational Crime.

(SBU) Malaysia shares intelligence on trafficking syndicates and related dangers with the UK, Australia and Interpol. 

In late 2002, the Sabah state government entered into an agreement with the government of the Indonesian province of East Kalimantan to cooperate on a range of shared cross-border challenges, including finding and arresting human traffickers and dismantling syndicates. 

In 2004, Malaysia ratified the UN Convention against Transnational Crime; it is considering signing the supplementary protocol against trafficking in persons.  Malaysia is expected to conclude an MLAT with the U.S. in 2006.

J. (SBU) In October 2004, Suhakam, with support from the IOM and the Embassy, drafted a national anti-TIP plan of action for consideration by the government.  In preparing the plan, Suhakam consulted with government agencies and NGOs involved with TIP, foreign embassies from source countries for TIP victims found in Malaysia, TIP victims and foreign experts on TIP such as the IOM. 

The national plan of action was submitted to the government for consideration in November 2004.  The government has not yet acted on the anti-TIP plan's proposals, nor has it designated a lead ministry for counter-TIP programs.

11. INVESTIGATION AND PROSECUTION OF TRAFFICKERS (PARA 23)

A/B/C. (SBU) In 2002, the government amended the criminal code to include extensive anti-trafficking language.

According to one expert on anti-trafficking legislation, it is now "a strong law with solid anti-trafficking provisions with regard to trafficking for sexual exploitation."  Using the provisions, police regularly raid brothels and arrest pimps and enforcers. However, only two such individuals were convicted under the penal code during the first nine months of 2005. 

When the police lack sufficient criminal evidence to arrest suspected pimps and traffickers under the Penal Code, they often utilize the Restricted Residence Act, one of Malaysia's "preventive detention" laws, to incarcerate them. Another such law, the Emergency Ordinance, is regularly used against criminal syndicates that transport, harbor and otherwise facilitate the illegal entry of foreigners into Malaysia.

(SBU) While Malaysia does not have a unitary law specifically prohibiting trafficking in persons, most of the acts involved in trafficking in persons as defined by the UN Protocol are criminal offenses, including recruitment, transportation, transfer, wrongful restraint, harboring, receipt of persons by means of threat or use of force, or other forms of coercion fraud, abuse of power, or forced sexual exploitation, slavery, or servitude.  In 2004, the government began to use new provisions to the 2001 Anti-Money Laundering Act to seize the assets of businesses involved in illicit activities, including trafficking.  Following is a summary of the legal provisions most commonly used in Malaysia against traffickers:

-- Constitution, Articles 6(1) and 6(2): Prohibit slavery and forced labor.

-- Penal Code, Sections 340-348: Address "wrongful confinement" of a person against his/her will.  Punishments include maximum prison terms from one to three years and a fine.

-- Penal Code, Section 372: Amended in 2002 to include stronger anti-trafficking language, addresses exploitation of any person for purposes of prostitution.  Exploitation is defined to include selling, hiring, or otherwise obtaining possession of any person with the intention to employ or use the person for the purpose of prostitution (either inside or outside of Malaysia) or knowing or having reason to believe that the person will be so employed or used. 

Section 372 expands the offense of exploitation to include using false pretense or deceitful means to bring into or take out of Malaysia any person; harboring or receiving any (exploited) person and wrongfully restraining any person in any place. Wrongfully restraining is further defined as withholding clothing or property, threatening the person with legal proceedings to recover any debt or alleged debt and detaining a person's identity card or passport.  Punishment under this section of the Code includes a prison term, which may extend to 15 years, caning and a fine.

-- Penal Code, Section 372A: Provides the same penalties as section 372 for anyone who lives wholly or in part on the earnings of the prostitution of another person.

-- Penal Code, Section 373: Provides the same penalties as section 372 for anyone who keeps, manages or assists in the management of a brothel.

-- Penal Code, Section 374: Addresses unlawful compulsory labor and includes punishment by imprisonment for a maximum one-year term and the possibility of a fine.

-- Immigration Act, Sections 55(A) and Sections 56(1)(d): Covers a wide spectrum of immigration violations related to illegal entry or entry under false pretenses.  The Act also addresses "employing" and "conveying" illegal aliens.  The Act was amended in 2002 to toughen significantly punishments for immigration violators.

Those convicted of illegal entry face a fine of up to RM 10,000 ($3,800) and/or a prison sentence of up to 5 years, and caning of up to a maximum of 6 strokes.  The penalty for employing an illegal alien is a fine of between RM 10,000-50,000 (USD 7,900) for every illegal immigrant employed and/or a prison term of up to 12 months.  An employer employing more than five illegal immigrants will be imprisoned from 6 months to 5 years and caned up to a maximum of 6 strokes. 

The penalty for "conveying" (trafficking) illegal immigrants is a fine of RM 10,000-50,000 for every individual trafficked.  An individual convicted for trafficking more than 5 illegal immigrants will also be imprisoned for between six months and five years, and caned up to a maximum of six strokes.

-- Child Act (2001): Merges provisions from an array of diverse legislation pertaining to children and young persons (the Women and Girls Protection Act, the Juvenile Court Act, and the Child protection Act) into one law.  The Act specifically prohibits trafficking of children and makes it an offense to sell, let to hire, or procure (by threat or intimidation by false pretense, fraud or deceit) any child (defined as anyone under the age of 18) for the purpose of sexual exploitation.

Penalties for these offenses are a maximum prison term of 15 years and a maximum fine of RM 50,000 (USD 13,000).  The Child Act also authorizes the police to provide protection and rehabilitation for children in need.  A child in need is defined to include a child who "is being induced to perform any sexual act, or being in any physical or social environment which may lead to the performance of such act".

-- Passports Act: Criminalizes the forgery or alteration of travel documents (including passports, residence permits and visas).  Also criminalizes false statements or misrepresentation used to gain illegal entry into Malaysia. Penalties range from RM 10,000-100,000 ($2,600-$26,000) fine, 5-10 years in prison, and six strokes of a cane.

-- Internal Security Act (ISA): Provides for detention up to two years without formal charge.  According to the Home Affairs Ministry, the ISA has sometimes been used against individuals for threatening the security of the country by trafficking illegal immigrants or forging travel documents or work permits.

-- The Emergency (Public Order and Prevention of Crime) Ordinance: Used against persons, usually criminal syndicates that are involved in illicit activities (such as violent crime, document forgery and people smuggling), which threaten public order.

-- Restricted Residence Act (RRA): Allows the government to require individuals who are suspected of engaging in criminal activity including trafficking to move to a pre-determined location in the country and remain there under close police supervision.   The RRA does not require a formal charge to be filed against the suspected individual.  According to police data, the RRA was used significantly more often than the penal code to charge and detain suspected pimps and traffickers during 2005.

D. (SBU) Federal law criminalizes prostitution and bans pornography, and the laws are vigorously enforced. Malaysians tend to be conservative on sexual issues.  The 60% of the population that is Muslim is subject to Islamic laws that prohibit even "close proximity" between men and women who are not married to each other. 

The activities of the prostitute, brothel owner/operator, and enforcer are all considered criminal offenses, though clients are not generally prosecuted. The sex trade is largely underground. It is visible only at two extremes: in nightclubs and bars that cater primarily to affluent foreigners; and in poor neighborhoods with large migrant populations.

E. (SBU) Following amendments to different acts in 2001 and 2002, the government began to prosecute people involved in trafficking for the purposes of prostitution.  According to the MFA, in 2002 the first trials and convictions under the amended sections 372, 372A and 372B of the Penal Code began to work their way through the courts, with 9 trials and 7 convictions.

In 2003 there were 85 cases investigated, 31 prosecutions and seven convictions.  According to RMP statistics, 28 persons were prosecuted (and two convicted) under Sections 372 and 373 of the Penal Code from January - September 2005, compared with 38 persons prosecuted (and 17 convicted) during all of 2004.

(SBU) When police lack sufficient evidence to convict a suspected pimp or trafficker, they use the Restricted Residence Act to detain the suspected individual.  The Act allows the government to detain a suspected trafficker indefinitely, without due process of law.  During the first nine months of 2005, 48 suspected traffickers were detained under the Restricted Residence Act, compared with 47 during all of 2004.

(SBU) According to the government, it detained "about 40" members of regional trafficking syndicates from 2000-2004 under the Internal Security Act (ISA).  The suspected traffickers used Malaysia as a transit point for trafficking Chinese nationals to third countries.  The government stated that 13 international trafficking syndicates were eliminated in these operations.

(SBU) Government officials, NGOs and legal analysts acknowledge that prosecution of trafficking perpetrators is complicated by the difficulty in producing credible evidence and by the lack of victim cooperation.  Evidentiary barriers, the prosecution's burden of proof beyond a reasonable doubt, and pressure to produce convictions in a backlogged criminal justice system all work against effective prosecution of trafficking cases.  Given these problems, the government has employed the ISA, the Emergency Ordinance and the Restricted Residence Act to detain or restrict the activities of people suspected of trafficking and alien smuggling activity.

F. (SBU) The RMP reports that a number of large organized criminal syndicates, as well as a few smaller groups, traffic foreign women into Malaysia, using Malaysia either as the women's final destination or as a transit point to a third country.  In 2005, there were numerous reports of prostitution rings broken up by police and syndicate members arrested for involvement in prostitution.  Employment agencies are sometimes used as fronts for people smuggling and trafficking in persons.  Sex tourism is not widespread in Malaysia, nor are there reports of marriage brokers fronting for traffickers.

G. (SBU) As noted in para 8E above, the Malaysian government is actively investigating cases of trafficking.  Police efforts to break criminal syndicates are complicated by layers of middlemen, some of whom reside outside Malaysia.

Often trafficking victims, both Malaysians who have gone abroad and foreigners brought to Malaysia, may only know one middleman, who is probably using a false identity.  In investigating cases of trafficking, police investigators attempt to question repatriated Malaysian victims as soon as they return, but the victims usually cannot or will not provide enough information for further investigation.

H. (SBU) The government lacks the expertise to provide law enforcement officers with specialized training on how to investigate incidences of trafficking.  It continues to take full advantage, however, of TIP training for law enforcement officers and prosecutors at ILEA Bangkok, as well as bilateral training on domestic violence sponsored by the USG in Malaysia. Police, prison and immigration officials also lack TIP victim identification expertise.  In 2005, senior police and immigration officials asked for USG-sponsored TIP victim identification training.  The Embassy continues to seek funding and provision of such training for GOM law enforcement officials.

I. (SBU) The RMP cooperates with law enforcement agencies in neighboring countries whenever cross-border criminal incidents are being investigated.  In May 2002, Malaysia, Indonesia and the Philippines signed an agreement to facilitate cooperation in addressing border and security incidents, as well as transnational criminal activities that include human trafficking. 

In late 2002, the Sabah state government entered into a formal agreement with the government of the Indonesian province of East Kalimantan to cooperate on a range of issues, including combating TIP and investigating trafficking syndicates.  Malaysia actively participated in the Bali Process and has hosted two legislation workshops related to it. 

In early 2005, though a joint operation by the RMP and the British National Crime Squad, a Malaysian "snakehead" was arrested, tried and convicted of smuggling illegal Malaysian workers into the UK.

In April and October 2005, the RMP closely cooperated with an international NGO to raid several brothels in Johor, arrest one internationally active trafficker and rescue dozens of (primarily Thai) women.  Thai police from Songkla visited Kuala Lumpur in February to conduct a joint cross-border TIP investigation with local police.

Representatives from NGOs, as well as the Indonesian, Thai and Philippine embassies in Kuala Lumpur, characterize their cooperation with police as good.  NGO and embassy officials emphasize the timely responses from police to tips about the locations of possible TIP victims.

J. (SBU) There have been no reports of extraditing persons charged with trafficking.  Section 108A of the Penal Code allows Malaysian authorities to prosecute a Malaysian who commits or abets a crime in another country that would be deemed an offense under the Penal Code.  Malaysia is a party to the ASEAN Mutual Legal Assistance Treaty, which is designed to facilitate and expedite regional cooperation in fighting transnational crime.  Malaysian law does not prohibit extradition of Malaysian nationals.

K. (SBU) There have been no proven cases of tolerance or complicity in TIP by government authorities.  Pockets of general corruption, particularly at the local police and immigration levels, exist.

L. (SBU) Although some low-level police and immigration officials likely receive bribes from brothel owners, pimps and traffickers, we are aware of no allegations that police officers or other government officials have engaged in trafficking.

(SBU) Most analysts assume that some trafficking-related corruption exists among law enforcement and immigration ranks, since some TIP victims have been known to pass through two or more ports of entry without travel documents. 

In April 2005, a government-sponsored independent police commission noted a rising incidence of police corruption. Included among the appointed commissioners were women activists active in the fight against TIP.  The commission reported that disciplinary actions were initiated against 1,216 police personnel for corruption and other offenses during 2004, compared with 1,138 in 2003. Police offenses noted in the report included accepting bribes, theft, and rape; punishments included suspension, demotion and dismissal. 

The number of these officers involved in facilitating trafficking was not available.  As noted above, the Prime Minister recently ordered the Attorney General to complete the legal groundwork necessary to create a permanent independent commission to hear complaints against the police. If ultimately established, this commission could provide an effective venue for investigations into allegations of police complicity in trafficking.

M. (SBU) Malaysia does not have an identified child sex tourism problem, although the Indonesian, Thai and Philippine embassies occasionally report interviewing victims under 18 years of age what have been trafficked for sexual exploitation.

N. (SBU) Malaysia signed and ratified ILO Convention 29 in 1957, ILO Convention 105 in 1958 (but renounced it in 1990), ILO Convention 182 in September 2000, and the UN Convention on the Rights of the Child in September 1995.  Malaysia signed the UN Convention against Transnational Organized Crime in September 2002 and ratified it in 2004.  The government has not signed the supplemental Protocol on the Sale of Children, or the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women.

12. PROTECTION AND ASSISTANCE TO VICTIMS (PARA 24)

A. (SBU) The government provides no shelter facilities dedicated exclusively to TIP victims, as these individuals are not recognized as victims under Malaysian law.  Until Malaysia amends its existing laws or enacts comprehensive anti-TIP legislation, TIP victims will be routinely processed as illegal migrants and held in the country's prisons or illegal migrant detention facilities, prior to deportation.

According to the RMP and foreign consuls, trafficking victims identified by the police are released on an ad hoc basis into the custody of a consular official and sent to a women's shelter instead of being kept in police lock-up.  The Indonesian, Thai and Philippine embassies report that in 2005, RMP officers brought in many of the over 500 victims assisted by the embassies' respective shelter programs during the year.

(SBU) As of February 2006, the Indonesian embassy's shelter held 140 individuals, approximately 80% of whom were deemed TIP victims by embassy officials.  Women's shelters run by other foreign embassies temporarily housed an additional 30-40 TIP victims per year.  NGOs and police report that NGOs currently do not have the capacity to shelter more than 25-50 victims nationally, leaving the police few alternatives to housing victims in detention facilities.  Owing to language barriers and limited police training, foreign trafficking victims are usually not recognized as victims and are treated as immigration offenders.  HIV/AIDS screening is usually provided for individuals arrested for prostitution and for others who are identified as trafficking victims rather than illegal migrants.  When trafficking victims are identified as victims prior to detention, they may be sent to a hospital for examination and released to their embassies for repatriation.

B. (SBU) Although NGOs do not receive government funding specifically to provide services to trafficking victims, the government provides general funding to 75 NGOs dedicated to women's welfare.  These NGOs provide shelter for victims of rape and domestic violence, counseling, legal referrals, and job skills training.  Three foreign embassies maintain shelters in Kuala Lumpur for citizens who have no place to take refuge.  The Thai embassy's shelter is small and held no individuals as of February 2006, while the Indonesian embassy's shelter is by far the largest, with a (typically exceeded) capacity of 80.  Many using the shelters are trafficking victims.

The MWFCD has introduced "women's centers" in each state for impoverished, abused and otherwise vulnerable women who may need shelter, counseling, and job skills training.  The ministry currently operates five such shelters.  The ministry stated in 2005 that one of these shelters could be quickly converted to house trafficking victims who need assistance, once Malaysian law allows the GOM to handle TIP victims as such.

C. (SBU) The government has not yet implemented a formal screening process to identify TIP victims and treat them accordingly.  A Suhakam-designed TIP victim identification questionnaire was used briefly on a trial basis in 2005 at the Kajang women's prison.  Both Suhakam and the prison's director told us recently that it is no longer used, as Malaysian law does not allow special treatment for detained TIP victims.

D. (SBU) Foreign TIP victims are often not recognized as victims and, if they are holding false travel documents or have been arrested for prostitution, are usually detained and deported.  Illegal migrants (including some victims) who are caught by the Malaysian authorities without valid travel documents are held for a few days in police custody before being sent to immigration detention centers or prisons pending deportation.  The period of detention varies widely, from a few days to several months.  According to foreign consular representatives, the usual sentence is one or two months' imprisonment and a fine, followed by deportation.

E. (SBU) The Malaysian government encourages victims to assist in the investigation and prosecution of trafficking, but reports that most victims are unwilling to testify or do not have sufficient information to assist in a prosecution.

A trafficking victim may file a civil suit against a trafficker under Malaysian law, and there have been many cases of migrant workers filing such suits in cases where they were not paid the salary they were promised or put to work in abusive conditions that were contrary to their contracts.

While there is no specific impediment to the victims' access to such legal redress, they are usually not able to obtain employment while the court considers their case, and so for economic reasons this type of action in not usually pursued.  We are not aware of any victim restitution program.

F. (SBU) Some foreign victims have access to legal counsel through the Legal Aid Center of the Malaysian Bar Council. Police say that most victims are unwilling or unable to provide enough information for criminal prosecution of the trafficker, and many simply want to return to their home country as soon as possible. 

One NGO reported that pimps and traffickers are often present in the courtroom during court proceedings to intimidate the victims, while another NGO reported in October that police allowed a trafficker to visit ten Thai trafficking victims in detention.  The Malaysian government does not have a witness protection program in place for any prosecution witnesses. 

The Abduction and Criminal Intimidation of Witnesses Act of 1947 criminalizes the abduction of any person for the purpose of preventing their testimony and thereby obstructing justice.  The police and Attorney General have advised that this is rarely used in trafficking cases. 

The courts have begun to experiment with video conferencing and videotaped depositions to provide protection to victims who are afraid to testify in court.  As of February 2006, the necessary equipment was installed in several locations, but the program had not yet been initiated.

(SBU) According to an Indonesian embassy official, many Indonesian plantation workers in Sabah are detained on the plantations and forced to work for less than $3 (i.e. RM8-10) per day.  Under Malaysian law, victims of these forms of trafficking are entitled to seek compensation through the legal system and are eligible to remain in Malaysia while their legal suit is pending.  In general, Malaysian courts have ruled in favor of the victims and in some cases imposed harsh prison sentences on the employer.  However, such labor-related lawsuits may take months or even years to be adjudicated.  Meanwhile, the victim is not allowed by the GOM to work and is typically left with insufficient means of financial self-support; they therefore often leave the country, rather than see their case through to completion.

G. (SBU) The government does not currently provide special training for officials on how to identify or assist trafficking victims.  Senior police and immigration officials have acknowledged that additional training and expertise are needed to improve identification and handling of trafficking victims.  Police and immigration officials have asked the USG to provide additional such training to improve their anti-TIP capability, and we have requested funding for the training (ref B).  Outside of citizen services and repatriation training, Malaysian embassy and consulate staff abroad do not receive specialized training on how to assist trafficking victims.  Malaysian police, immigration officials and public prosecutors have received training at ILEA on trafficking in persons, as well as USG-funded bilateral training on domestic violence.

H. (SBU) Repatriated Malaysian victims who do not have the support of family or friends are referred to the MWFCD for public assistance.  Private groups, such as the MCA's welfare wing, also offer services to repatriated victims.

I. (SBU) MCA, the Bar Council, Tenaganita, Women's Aide Organization (WAO), and the International Federation of Women Lawyers (IFWL) are the Malaysian NGOs most active in working with trafficking victims.  In 2004, the IOM provided Assistance to Suhakam to draft a national plan of action to combat TIP. 

In 2005, the IOM and Tenaganita submitted a project proposal to the Embassy to shelter, repatriate and reintegrate TIP victims. Following funding approval, the IOM and Tenaganita signed a MOU regarding establishment of the shelter, and it is scheduled to commence operations in March 2006.  Two NGOs maintain shelters that are available to foreign trafficking victims. 

One of the shelters provides in-house counseling, medical referrals to clinics and legal referrals to the Bar Council's Legal Aid Center.  The shelter also works with foreign missions to arrange for translators and to facilitate repatriation for women trafficked to Malaysia.  Other women's shelters in the country provide refuge, but have few additional resources for the special needs of trafficking victims. 

NGO relations with local authorities vary.  Some frequently receive cooperation from law enforcement officials, but others experience greater difficulty.  The MCA, WAO and Tenaganita provide a full range of services, including counseling, shelter, and repatriation assistance.  The Bar Council and IFWL provide legal assistance.  Foreign embassies and local NGOs report that cooperation with the federal police in Kuala Lumpur has generally been good.  Outside of Kuala Lumpur, with other agencies such as Immigration, cooperation is less consistent.

13. HEROES (PARA 22)

(SBU) For the 2006 Trafficking in Persons Report the Embassy nominates Irene Fernandez, President of local NGO Tenaganita, for honor as an individual who has demonstrated an exceptional commitment to fighting TIP.  Over the past several years, her work on behalf of both mistreated migrant workers and sexual trafficking victims in Malaysia has garnered her worldwide respect and support. 

Fernandez was arrested in March 1996 for publishing a report about detainee abuse and very poor sanitation conditions in the country's illegal migrant detention centers.  Found guilty in October 2003 and sentenced to one year in jail, she appealed her case.  Hers has become the longest-running court case in Malaysian history. 

In May 2005, her NGO Tenaganita published a video entitled "Breaking Labor" that included the tragic stories of several foreign victims of labor trafficking and abuse in Malaysia.  During 2005, Tenaganita facilitated legal assistance and shelter for sexual trafficking victims. 

In December 2005, Fernandez traveled to Stockholm to accept the Right Livelihood Award, commonly known as the "Alternative Nobel Prize."  And as of February 2006, in cooperation with the IOM and with USG funding, Tenaganita was poised to establish Malaysia's first dedicated TIP victim shelter and repatriate TIP victims to their home countries. Tenaganita has become the largest and most effective anti-TIP NGO in Malaysia, and this status is largely due to Fernandez' efforts.  She has demonstrated considerable vision, courage and leadership in the face of the Malaysian government lawsuit.  Her efforts have directly benefited hundreds of TIP victims, as well as influenced the GOM to improve its anti-TIP attitudes and actions.

LAFLEUR

 

Barisan Nasional’s sledge-hammer reaction to the Bersih Rally on 9th July 2011

Posted: 29 Jun 2011 08:27 PM PDT

Prime Minister Najib will be the ultimate loser in the coming General Election and will be ousted just like his predecessor, Tun Abdullah Badawi

The hype and exaggeration of the consequences of the Bersih Rally – civil commotion, financial losses in the RM billions, the takeover of the government, the revival of communism, etc. – is another symptom of an administration under siege and devoid of any creative response to what is otherwise a non-issue.

By Matthias Chang

There are four main factions in UMNO, three of which are determined to prevent the PM's faction from gaining an overwhelming upper-hand and a repetition of "Pak Lah's political theatrics" – when the family-in-laws included ruled supreme. This is so typical of "Malay politics". Can you imagine the wannabes waiting for 15 years or more to have a bite at the political cherry?

The era of Tun Dr. Mahathir Mohamad was an exception and only because he was a visionary and a pragmatic leader, and an act that is hard to follow. The trend for all future leaders will assuredly be one term, as there are just too many in the queue to be the next prime minister.   

The Prime Minister is a seasoned politician, adept at surviving the back-stabbing and double-dealings inherent in all political power-grabs. So why is he reacting in such a high-handed manner to the Bersih challenge?

A heavy-handed reaction – threats of incarceration under the Internal Security Act, threats of unleashing sectarian / racial violence by the likes of Perkasa, the unnecessary posturing by UMNO Youth and its irrelevant leader, Khairy (off to join the Gaza Flotilla to get some brownie points where he has no credibility in advancing the just struggles of the Palestinians), the raid of Bersih's office and the confiscation of its materials etc., but no police action against UMNO Youth's disorderly conduct outside PKR's headquarters even when they threatened to burn down the building – indicates the administration's one track mentality in solving problems, not that the Bersih Rally is a problem.

The hype and exaggeration of the consequences of the Bersih Rally – civil commotion, financial losses in the RM billions, the takeover of the government, the revival of communism, etc. – is another symptom of an administration under siege and devoid of any creative response to what is otherwise a non-issue.

To declare that it is a crime and or illegal to wear any clothing in yellow bearing the logo "Bersih" is sheer stupidity. And the Home Minister is a lawyer by training! If such clampdown is to demonstrate the power of UMNO and nothing else, then the year long campaign that we are "1Malaysia" rings hollow and that the Barisan Nasional government has no faith in its policies especially its "Economic Transformation Programme" (ETP), the political crown jewel of Najib's administration.
     
If Barisan Nasional needs brute force to cow the people to vote for it, as opposed to using rational arguments and sound policies, it will be the end of the Barisan Nasional. The Barisan Nasional would be giving the Opposition a walk over in the next General Election.

The Election Commission is an independent agency. This is the mantra that the BN government never ceases to affirm.

Everyone is for a free and fair election.

The 2008 General Election is the best evidence that elections were conducted fairly, as the Opposition took over five state governments and reduced the BN two-thirds majority in Parliament, a historic achievement by the Opposition Coalition.

Bersih has assured the nation that the rally would be peaceful and its intention is to deliver a memorandum for a fair and clean election to the King.

We shall hold them to their word and promise.

How long would the Bersih Rally be, in the absence of any police action? At the most, one and half hours, and thereafter, they would have to disperse, again peacefully. End of the story. Nothing happens, no news worthy of a headline in the front page of the local mainstream media or for that matter the foreign media.

The police can agree to a pre-designated route to avoid creating traffic jams and unnecessary inconvenience to the public.

There is no need for the deployment of the Federal Reserve Unit (FRU) or the military. What is needed is traffic police to assist the organizers.

This is all that is required.

Any leader associated with the Bersih Rally would lose credibility if they allow the rally to turn ugly or violent. In those circumstances, the security forces would have every justification to take stern action and they can be deployed quickly.

Let us not make a mountain out of a mole-hill!

My advice to the Prime Minister is simple. Be at the gate of the Agong's palace to stand in solidarity with the participants and show support for their civic-mindedness and assure all those peaceful participants that every effort will be made to ensure a fair and clean election as was the case in 2008 and all previous elections.  

Why is there a need for Perkasa to have a counter-rally, when it is not even part of the Barisan Nasional? Whether BN likes it or not, Perkasa is perceived as being thuggish and provocative. It may have a role in serving a Malay agenda (rallying Malays to vote for UMNO), but it will not be able to deliver the Malay votes. It is a sad reflection of UMNO that it needs Perkasa, an external force to rally Malay voters and when its leader is not even a member of UMNO, but an "independent" Member of Parliament. This is really pathetic!

Why must UMNO Youth behave in a manner that is perceived as racial and repugnant?

Perkasa undermines the Barisan Nasional. It cannot deliver on its own merits and has no mass following, if UMNO members do not join its ranks.

I challenge Perkasa to deliver 50,000 members to march peacefully to the Agong's palace to assure the entire nation that they too are for fair and clean elections, not on the 9th July 2011 but on a separate occasion so that we can see for ourselves the true strength of Perkasa and whether it genuinely reflects the aspirations of the Malay community and the Barisan Nasional.

If Barisan Nasional wants to commit suicide and lose the next General Election, then follow Perkasa's sectarian bravado and Khairy's infantile opportunism.

If Barisan Nasional insists on adopting the sledge hammer approach to the Bersih Rally, they will lose the next election. The blowback will be intense and unforgiving. And if Najib is naïve and foolish enough to declare an emergency and launch another Operation Lalang, the Chinese and Indian voters will abandon Barisan Nasional in droves and whatever efforts thus far to win back their allegiance will go up in smoke. This is a given.

Remember also that as a Muslim country, we are also a target of the neo-cons' agenda. Those outside forces who are hell bent to destabilize Muslim countries are waiting for an excuse to subvert Malaysia.

The Bersih Rally is a non-issue and can be diffused quietly and without any fanfare.

I trust common sense will prevail.

 

EC: Bersih intends to overthrow govt

Posted: 29 Jun 2011 08:09 PM PDT

The EC's deputy chairman believes the rally is a political ploy and urges S Ambiga to distance herself from it.

(Free Malaysia Today) - The Election Commission (EC) today echoed accusations by anti-Bersih supporters in branding the July 9 rally as a political ploy to overthrow the ruling government.

EC deputy chairman, Wan Ahmad Wan Omar, pointed out that Bersih's insistence on pushing for electoral reforms at the expense of security concerns is clear indication of its real agenda.

"An NGO that is truly fighting for a democratic process will not put priority on a time line but on negotiations and discussions," he said during a luncheon entitled "Bersih's demands – What is EC's explanation?"

"Opposition political parties are promising to contribute large numbers to the rally. When NGO intentions are combined with political intentions, then it isn't a Bersih rally but a political one."

"Right now we are only listening to an NGO's perception so the EC may have to start going down to the ground to explain the situation to the people. They need to know that electoral reforms don't happen overnight."

Wan Ahmad explained that the EC and Bersih were meant to hold second round of talks after the Sarawak state election but the latter evidently lacked the patience to wait until then.

"Now the situation is being exploited by political parties which will also take advantage of the outcome," he warned. "History is about to repeat itself. Bersih is aiming to overthrow the government."

He expressed both regret and puzzlement over the stance taken by Bersih chairman, S Ambiga, especially after the "satisfying" preliminary talks between both sides last November.

'Bersih is kotor now'

"The Bersih today is not the Bersih I knew before," he told the 100-odd crowd. "It has changed, it is now kotor (dirty). I was in many forums with Ambiga before and I don't understand her hardened stance now."

"I appeal to Ambiga to distance herself and Bersih from political parties that are taking advantage of her. But I also believe Ambiga is caught in this situation. She has allowed herself to be trapped and cannot withdraw now."

Wan Ahmad then suggested that Bersih register itself as a political party and contest in elections if it intended to pursue this path.

READ MORE HERE

 

The fear of unity

Posted: 29 Jun 2011 07:43 PM PDT

It is about Malaysians of different ethnicities and religious persuasions marching side-by-side, holding hands, looking out for one another and, in one united voice, demanding free, fair and clean elections in the pursuit of better governance.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

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SEE VIDEO ON YOUTUBE HERE: http://www.youtube.com/watch?v=2x3SjSgqXGc

The government wants to stop the planned BERSIH march of 9th July 2011. They government says it fears that the BERSIH event may get out of control and will escalate into an Egypt, Tunisia, Libya, etc., situation.

That may be only part of the reason but is not the more important reason.

The real and more important reason is that the government is worried the Malays, Chinese, Indians, Sikhs, Ibans, Dayaks, Kadazan-Dusuns, Bajaus, Bidayuhs, Orang Ulu, Orang Asli, Muruts, Bugis, Menangkabaus, Boyans, Javanese, Arabs, Pakistanis, Mamaks, Thais, Portuguese, 'lain-lain', etc., may unite on 9th July 2011.

Any student of history knows that unity is bad for despotic or autocratic regimes. A mere few thousand colonialists can control a country of hundreds of millions as long as the people are divided. But once the people unite the colonial government is going to face a host of problems.

And that was why the British mastered the game of 'divide and rule'. Divide and rule works well when a handful of people want to dominate the masses. The local population can outnumber the invaders 100,000 to one. That is not a problem as long as the 100,000 are not united. The problem begins when the 100,000 unite and gang up on the one.

How do you think 191 Umno division heads have been able to dominate a Malaysia of 28 million people? That is because of the system they have set up where 191 Umno division heads decide who becomes the Prime Minister and the rest of the 28 million Malaysians are divided by race and religion.

The BERSIH march of 9th July 2011 threatens to unite all Malaysians irrespective of race and religion. The government saw this happen on 10th November 2007 during the BERSIH 1.0 march. And this has put fear in the government because BERSIH 2.0 may prove to be bigger and better than BERSIH 1.0.

In 2007 the politicians headed BERSIH 1.0, and mostly Malays at that too. BERSIH 2.0 is not being headed by politicians -- and not a Malay on top of that. This is bad news for the government.

The only weapon the government has to use against its own people -- just like many despotic and autocratic governments the world over since thousands of years -- is the fear factor. So the government is throwing everything including the kitchen sink against BERSIH. The government is trying to put fear into the hearts and minds of Malaysians -- the fear that 9th July 2011 may turn into another 13th May 1969.

The race and religion card plus threats of riots and loss of life is being played to the hilt. The government hopes that the 'gutless' and 'selfish' Chinese will be intimidated and will stay home -- or even better: go down to Singapore or up to Bangkok for a weekend 'holiday'. The government hopes that the Malays will see BERSIH 2.0 as a Christian plot to undermine Islam and a Chinese conspiracy to erode Malay political power so that the Malays can be reduced to second-class citizens in their own country.

But if all these efforts fail and the Chinese are not intimidated by all this talk of race-religion riots and the Malays are not fooled by all this talk of Christian plots and Chinese conspiracies then the government is screwed big time, super-big time.

So BERSIH 2.0 needs to be thwarted. No stone must be left unturned to ensure that BERSIH 2.0 fails. If it succeeds then all is lost.

It is not about the danger of Malaysia turning into Egypt, Libya, Tunisia, or even Beirut. That is not what the government fears.

It is about Malaysians of different ethnicities and religious persuasions marching side-by-side, holding hands, looking out for one another and, in one united voice, demanding free, fair and clean elections in the pursuit of better governance.

That is what the government fears above all else.

So what are we, Malaysians of various ethnicities and religious persuasions, going to do on 9th July 2011? You tell me.

 

EC shoots down Bersih’s demands ahead of rally

Posted: 29 Jun 2011 07:15 PM PDT

By Shazwan Mustafa Kamal, The Malaysian Insider

KUALA LUMPUR, June 30 — The Election Commission (EC) has dismissed several key reform demands of election watchdog Bersih, days before the July 9 rally.

This is despite repeated calls by the commission for Bersih to call off the march and meet them to discuss Bersih's demands.

Bersih is pushing for a free and fair election system, and has listed eight demands which includes the need for automatic registration, use of indelible ink when voting, and the need for a longer campaigning period.

EC deputy chairman Datuk Wira Wan Ahmad charged that implementing automatic voter registration contravened the "spirit of democracy", and would involve amending Article 119 of the federal constitution which would be an "arduous" task.

"Those who designed the constitution, placed importance of freedom of choice whether or not to vote. We don't practice mandatory voting in this country.

"Democracy also requires intelligent people. Automatic registration would enable even a mad man to cast his vote which will not contribute anything to the process," he said today.

Wan Ahmad said that most eligible unregistered voters were "lazy", and quoted a Universiti Teknologi Malaysia survey to support his claim.

"Most of those surveyed said they were either lazy or indifferent...So if these people are automatically registered they won't take the election process seriously at all," he added.

Wan Ahmad then argued against the use of indelible ink during voting, saying it was "regressive" as the only countries in the world that use it are less developed countries like Africa and Indonesia.

"Not everyone wants to have indelible ink on them. This will create problems on voting day. The constitution states that all registered voters must be given a voting slip, so if someone doesn't want to, then we cannot stop them from voting," he said.

Wan Ahmad also raised the possibilty of voters not wanting their fingers inked and questioned if they would then be barred from voting.

"Disqualifying them would go against their rights...I also heard that indelible ink can be easily obtained from Thailand. What if voters ink their fingers themselves before casting their vote? Can you imagine the chaos that will erupt when they are barred from voting?" said the EC deputy head.

READ MORE HERE

 

Choose a route and we will follow, Bersih tells IGP

Posted: 29 Jun 2011 07:10 PM PDT

By Yow Hong Chieh, The Malaysian Insider

KUALA LUMPUR, June 30 — Bersih has asked the police to suggest a route for its July 9 march to ensure that the rally goes off without a hitch, in what appears to be an attempt to bridge the growing divide between both parties.

Bersih chairman Datuk Ambiga Sreenevasan said the election watchdog presented the suggestion to the Inspector-General of Police (IGP) in the hopes that he would be open-minded and work with Bersih.

"We have asked them, the police, now you choose from one point in Kuala Lumpur to Taman Jaya, whatever," she told reporters outside Bukit Aman police headquarters here after meeting with IGP Tan Sri Ismail Omar.

"You choose what route, we will follow. And we will do it peacefully."

The police were required by law to protect any party wanting to hold an assembly and could arrest those who refused to gather in peaceful fashion, she pointed out.

Ambiga revealed that Ismail did not respond to the request during the "very friendly" meeting but stressed that she remained "ever hopeful" Bersih will get a positive answer from him next week.

"This will go on with police help. That is what I'm positive about... And I'm going to remain positive because that's best for everybody," she said.

Ambiga declined to comment on Bersih's next course of action if the IGP remained steadfast in his refusal to let the rally take place, saying she would cross that bridge when she came to it.

Bersih will take to the streets of Kuala Lumpur on July 9 to demand free and fair elections.

READ MORE HERE

 

Monaco’s Prince Albert II asked to pay back dodgy Malaysian donation

Posted: 29 Jun 2011 07:03 PM PDT

By BRUNO MANSER FUND, BASEL / SWITZERLAND

Did Sarawak Chief Minister pay for Malaysian First Lady's EUR 100,000 gift to the Prince Albert Foundation?

Bruno Manser Fund, the Swiss rainforest advocacy group, is calling on Monaco ruler Prince Albert II to pay back a controversial 100,000 euro donation he received last year from Malaysia's First Lady, Rosmah Mansor, for his environmental foundation, the Prince Albert II of Monaco Foundation.

Albert was given the cheque by Rosmah in August 2010 at an "Islamic Fashion Show" in Monaco, which was sponsored by the Sarawak government. During the ceremony, Rosmah was accompanied by Sarawak Chief Minister, Abdul Taib Mahmud ("Taib"), and her husband, the Malaysian Prime Minister Najib Razak.

"The origin of the 100,000 euros is very unclear, and the fund should thus not have been accepted by Prince Albert's foundation", the Bruno Manser Fund stated on Thursday. "We suggest that Albert pays back the money to the Penan, Malaysia's most marginalized people, in order to support their struggle to defend their rainforests against logging."

The Bruno Manser Fund suspects that the 100,000-euro cheque might have been funded by Taib, who maintains close ties with the Monaco ruler. Taib is the main culprit in the destructive logging of Sarawak's tropical rainforests, one of the world's most biodiversity-rich habitats.

"Albert's relationship with Taib raises a lot of questions", the Bruno Manser Fund said. "Why is Albert, who is fond of his green image, associating himself with one of the world's worst environmental criminals?"

In 2008, Albert visited Sarawak with one of Monaco's top private bankers and London property tycoon Achilleas Kallakis. Last year, Kallakis, a former member of the Prince Albert II Foundation, was charged with £61m of fraud in one of the most serious property frauds in UK history.

The Bruno Manser Fund is afraid that Monaco's banks might be administering significant Taib corruption assets.

– Ends –

Ambiga : Bersih akan diteruskan, keselamatan peserta diutamakan

Posted: 29 Jun 2011 06:30 PM PDT

(Selangor Kini) - Perhimpunan Bersih 2.0 tetap akan diteruskan pada 9 Julai dalam keadaan aman dan keselamatan pesertanya terjamin, kata Presiden gerakan itu Datuk Ambiga Sreenevasan.

Ambiga memberi jaminan itu setelah menemui Ketua Polis Negara Tan Sri Ismail Omar di Bukit Aman untuk memaklumkan persedianan yang dibuat oleh jawatankuasa penganjur bersabit perhimpunan aman itu.

Polis sebelum ini mengisthiarkan Bersih sebagai perhimpunan haram dan sudah menahan kira-kira 100 orang kerana memakai atau mengedar kemeja T dengan logo Bersih serta risalah perhimpunan aman itu.

Kerajaan Umno-Barisan Nasional(BN) mendakwa perhimpunan aman itu bertujuan mengguling kerajaan menerusi demostrasi jalanan, yang dinafikan oleh Ambiga dan Pakatan Rakyat.

Ambiga berkata pihaknya bersedia berjumpa dengan Polis untuk menetapkan laluan sesuai yang untuk  digunakan oleh peserta Bersih yang tidak akan menggangu lalu lintas serta menjamin keselamatan mereka.

"Pihak kami mencadangkan untuk mendapatkan kebenaran polis tentunya satu lokasi berhimpun secara aman, laluan yang dicadangkan ialah Taman Jaya ke Kuala Lumpur," kata beliau kepada pemberita.

Ambiga berkata Tan Sri ismail bagaimanapun tidak memberikan kata putus mengenai cadangan-cadangan penganjur Bersih. Satu lagi mesyuarat antara kedua-dua pihak bakal diadakan.

"Kami akan menyediakan 5000 sukarelawan  pada hari itu, dan 100 doktor sukarela dan  peguam yang akan sama-sama turut serta bagi menjamin keselamatan sekiranya berlaku apa-apa," tambah beliau.

 

PAS Youth scoffs at silat warning

Posted: 29 Jun 2011 05:44 PM PDT

(The Malaysian Insider) - PAS Youth chief Nasruddin Hassan has ridiculed the threat by a silat organisation to "wage war" on Bersih supporters, pointing out that true warriors do not readily resort to violence.

He said last night that if Pertubuhan Seni Silat Lincah Malaysia (PPSLM) chief Tan Sri Omardin Mauju could not control his students' emotions, he should not bother to call himself a grandmaster.

"Little bit want to fight, little bit want to fight. That's not a warrior, that's short-temper," Nasruddin (picture) told nearly 2,000 supporters at Stadium Malawati here.

The Prophet Muhammad once said that a true warrior was not someone who could fell an enemy but one who demonstrated self-control when angry, Nasruddin reminded the crowd.

He said if Omardin could not keep a lid on his students' anger, they should just rally on another day and not on July 9.

The PPSLM grandmaster said yesterday that more than 50,000 silat exponents were prepared to "wage war" on Bersih activists.

"We maintain our stand to go to 'war' if they still want to proceed with this illegal rally," he told Umno-owned Utusan Malaysia.

"If it happens, I cannot guarantee I can control the emotions of my members because they have been taught to act when faced with opposition."

READ MORE HERE

 

Pejabat Umno disimbah cat kuning, dilempar bangkai ayam

Posted: 29 Jun 2011 05:16 PM PDT

Pejabat Umno bahagian iaitu Cheras dan Bandar Razak di Kuala Lumpur disimbah cat kuning dan dilempar bangkai ayam dalam kejadian awal pagi tadi dan semalam.

(Free Malaysia Today) - Pejabat Umno bahagian Cheras dan Bandar Razak di Kuala Lumpur disimbah cat kuning dan dilempar bangkai ayam  awal pagi tadi.

Pejabat Umno Bandar Tun Razak, dilempar enam ekor  bangkai ayam- dua semalam dan empat awal pagi tadi.

Pejabat Umno Cheras dilempar empat ekor bangkai ayam selain disimbah cat kuning.

Ketua Umno bahagian, Datuk Syed Ali Alhabshee  berkata, kejadian itu disedari pekerjanya awal pagi tadi.

"Bila mereka datang pejabat mereka ternampak simbahan cat kuning di dinding dan terdapat empat  ekor bangkai ayam.

"Pekerja saya telah membuat laporan polis di balai polis Pudu," katanya ketika dihubungi hari ini.

Syed Ali mendakwa, pihak yang tidak bertanggungjawab itu cuba mencetuskan provokasi supaya ahli Umno bertindak balas terhadap perhimpunan Bersih yang dirancang 9 Julai depan.

Perhimpunan Bersih

Menurutnya, ia juga mungkin kerana beliau terlalu banyak mengeluarkan kenyataan menghentam perhimpunan Bersih.

Sementara itu, Pemangku Ketua Umno Bandar Tun Razak Shaharuddin Zainal Abidin pula berkata, pintu pagar pejabat dan cermin bilik komputer disimbah cat kuning.

READ MORE HERE

 

Marching over other people’s rights

Posted: 29 Jun 2011 05:11 PM PDT

The Walk for Democracy is bound to affect people not connected to the Bersih rally, says the government.

(Free Malaysia Today) - Bersih 2.0′s 'Walk for Democracy' rally will march over other people's rights, Minister in the Prime Minister's Department, Nazri Abdul Aziz , said here today.

He said that although Malaysians had the right to a peaceful assembly, they still had to abide by the country's laws.

"There is no absolute freedom. All freedom will be subject to the laws of the country, and to me, you're free to exercise your human rights, as long as it does not affect the human rights of others."

"So when you exercise your freedom of rights, you affect the (rights of) others, that's where your freedom stops," he told FMT.

Section 1(b) in Article 10 of the Federal Constitution states: "All citizens have the right to assemble peacefully and without arms."

Nazri said that street rallies such as Bersih's planned July 9 gathering would affect other citizens' businesses and lifestyles.

He added that large-scale demonstrations would have large sections of roads closed to other people wishing to use them.

This, he said, would affect other citizens' respective businesses and lifestyles.

"By having a demonstration as big as half a million people coming to it, it's going to affect the freedom of people who wish to enjoy a peaceful Saturday walking along Jalan Tunku Abdul Rahman."

"It will affect the rights of taxi drivers to… find fares, it will affect the rights of shopkeepers, the stallholders who want to earn a living on a peaceful Saturday," he said.

Nazri was also unwavering when FMT posed the question of last week's Standard-Chartered KL Marathon, which saw many roads closed to accommodate the over 22,000 runners.

"That one is (due to) the acquiescence of the public. The public did not object (to the marathon), but there are 1,000-over police reports objecting (to Bersih). Do you see any police reports objecting to the marathon?" he said.

Highly insensitive

To date, a total of 1,830 police reports have been lodged against the rally, which is expecting an attendance of over 100,000 protesters.

Speaking on the 30 arrested Parti Socialis Malaysia (PSM) activists, Nazri said that it was highly insensitive for them to be holding communist-themed T-shirts.

He said that ownership of these T-shirts was tantamount to glorifying Malayan Communist Party leaders Chin Peng and Rashid Maidin.

READ MORE HERE

 

Bersih Rally a Turning Point for Democracy

Posted: 29 Jun 2011 04:58 PM PDT

Umno also realizes that it has committed too many wrongs that betray the people's interest, and more people have come to know of these through the fast growing alternative media. Combined with the growing influence of opposition alliance Pakatan Rakyat, the coming rally could be a powerful demonstration of the people's will to reclaim sovereignty from the long-reigning kleptocracy through electoral reforms. That is something that Umno does not want to see happening.

By Kim Quek

Amidst the frenzy of draconian measures to prevent the July 9 Bersih rally from taking place, many Malaysians have begun to wonder: Has Malaysia descended into a state of lawlessness?

No sooner had Home Minister declared that wearing the yellow Bersih T-shirt was illegal, the Inspector General of Police up the ante by announcing that even "shoes, cars, buses or any medium that promote the Bersih rally are illegal, as this amounts to sedition", and he said the people involved will be arrested.

To date, more than a hundred people have been arrested all over the country in the past four days, mainly for wearing the yellow Bersih shirts.

To me, this sounds like someone speaking and acting as if he is the absolute monarch who can order the arrest of anyone at his whims, and whose word is law.  For nowhere in the Malaysian law can you find a provision that allow a minister or a police officer to declare an item such as the Bersih shirt illegal or to arrest someone before a crime is committed or suspected to have been committed.  The Bersih rally is not even held, so how can a crime be committed in connection with the rally?

BERSIH ABOVE BOARD

So, what has driven the Minister and the IGP into such extreme conduct of resorting to brazenly unlawful exercise of power? 

Is Bersih a terrorist organization that plots to overthrow the government by violence?  Is Bersih calling people to break laws and create chaos?  What terrible deeds have Bersih done to cause such phobia in the authorities that they should strike at everything that moves, so to speak, that smells of Bersih?

None of that. 

Bersih is a civil society movement participated by sixty two non-government organizations to campaign for electoral reforms. .  And the July 9 rally is specifically called to address the problem of the authorities' recalcitrance to institute any form of reform.  Despite persistent requests over many years, the Election Commission and the incumbent ruling coalition Barisan Nasional have not moved even one inch towards reforming an electoral system that has been reduced to a complete farce through ever escalating vote-buying, abuse of power and massive rigging.

With such noble intention, how could Bersih be branded as anything other than a respectable  body that works towards restoration of democracy and return of political power to the people?  It should be obvious by now that without free and fair election, political power is vested in a few incumbent leaders, not with the people. 

And when such a respectable body calls for a rally to highlight its cause to the nation, how can such a rally be taboo, and everything connected with it be decreed illegal?

Up to now, the incumbent hegemon Umno and the police have not come up with an iota of credible evidence that the Bersih rally is anything but a peaceful and honourable gathering, called in accordance with the right endowed by the Constitution to every citizen.  Regretably,  the police have so far conducted themselves as a force serving Umno's parochial political interests, in direct confrontation with the interests of the masses.

AUTHORITIES'  EXCUSES INCREDULOUS

The excuses given so far to justify arrest and to label the rally illegal are laughable and carry no credibility – accusations such as a communist plot to wage war against the Agong, a movement aided by foreign Christian bodies to subvert the country, an event that will jeopardize  public order and national security, and cause economic damage.

These tales of impending threats and calamities are so far-fetched that they are not only disbelieved by decent Malaysians, but also reflect the paucity of rationale of the incumbent power to justify their condemnation and clampdown on the movement.

That their excuses to crucify the Bersih rally are rubbish is amply manifested in the admirable political and economic well being of those democratic countries where such peaceful rallies are part and parcel of their democratic way of life.  Look at our regional neighbor Hong Kong. Rallies of a few hundred thousand people to demonstrate against the Hong Kong or Chinese government are routinely staged there, and yet there was not the slightest indication that public order was affected or businesses harmed.  On the contrary, Hong Kong continues to enjoy ever increasing prosperity and stability.

So, what is Umno afraid of? 

The honest truth and the bottom line is: Umno has no confidence to politically survive a free and fair election. 

That is why it has not yielded an inch in the direction of moving Malaysian election to a more level-playing field, and it has no intention to do so in the future.

Umno also realizes that it has committed too many wrongs that betray the people's interest, and more people have come to know of these through the fast growing alternative media.  Combined with the growing influence of opposition alliance Pakatan Rakyat, the coming rally could be a powerful demonstration of the people's will to reclaim sovereignty from the long-reigning kleptocracy through electoral reforms.

That is something that Umno does not want to see happening.

NO WIN FOR UMNO

We can hence expect that Umno will continue to step up pressure against Bersih by manipulating compliant institutions such as police and judiciary, at the expense of the Constitution and law, to stifle the Bersih move.

But Umno is in a no-win situation.  To be faithful to the Constitution which means that the peaceful rally must be allowed to proceed, Umno dreads to see a mammoth assembly that could be demoralizing to its dwindling supporters.  On the hand, a brutal repression that breaks all laws may kindle public fury to an explosive state with unpredictable consequences.  Even if it succeeds in suppressing the rally, it can only bring temporary relief to Umno, as the ugly scenes of unjustified cruelty and transgression of law and fundamental human rights will be mercilessly bared for all to see, thanks to modern IT technology, reminiscent of the Tahrir square uprising and the subsequent revolutionary fire that has spread across the entire Arab world.  By that time, Umno and BN's popular support may have so dwindled that even the status quo of skewed election and stooge institutions cannot save it from an electoral defeat.

I am confident that the majority of Malaysians has already reached such a level of political consciousness that the will of the people will prevail to make July 9 rally an important turning point in our struggle to reclaim democracy and sovereignty for the people.

 

PAS man fears failure of July 9

Posted: 29 Jun 2011 04:57 PM PDT

Umno desperate enough to ensure it does not happen at all, says Dr Mujahid

(Free Malaysia Today) - There is a likelihood that Bersih's Walk for Democracy will not happen this July 9.

PAS supreme councillor Dr Mujahid Yusuf Rawa believes Umno is desperate enough to abuse the law to prevent the rally from taking place at all.

"It might abuse anything at its disposal, including the Police Act," he said. "But we shall see."

He appealed to Umno to be responsible in exercising the power it currently holds. It must think of the future of the nation, he said. "Would we be reduced to a nation built on fear or would we become a nation thriving on democracy?"

Another PAS official, vice-president Mahfuz Omar, reminded Umno that it owed its very existence to street demonstrations.

If the British had clamped down on the anti-Malayan Union protests, he said, even Malaysia might not have come into existence.

"If Umno could fight for independence through street protests, I cannot think of a sensible reason why the Bersih rally cannot be held," he said.

READ MORE HERE

 

Baju kuning: 4 termasuk MP Gopeng ditangkap

Posted: 29 Jun 2011 04:44 PM PDT

(Harakah Daily) - Seramai 4 orang telah ditangkap kira-kira jam 9.00 pagi tadi di pasar Gunung Rapat, dekat sini kerana memakai baju kuning.

Mereka termasuk Ahli Parlimen Gopeng, Dr. Lee Boon Chye dan Adun Simpang Pulai, Chan Ming Kai.

Mereka telah dihantar ke IPD Ipoh.

Semalam, seramai 14 orang yang ditahan polis kira-kira 9.00 pagi di Pasar Sungai Siput termasuk Adun Teja, Chang Lih Kang, Adun Jalong, Leong Mei Meng dan Timbalan Setiausaha PKR Negeri Perak, Tan Kar Hing.

Polis membuat penangkapan mereka dengan memberi alasan mengedar bendera Malaysia dengan memakai baju Bersih.

 

Bersih 2.0: Fahami Perlembagaan Persekutuan

Posted: 29 Jun 2011 04:41 PM PDT

(Harakah Daily) - PAS hari ini menyeru orang awam untuk menelaah Perlembagaan Persekutuan untuk mengetahui hak masing-masing untuk berdepan dengan fobia Kementerian Dalam Negeri yang dikawal Barisan Nasional menjelang perhimpunan aman Bersih 2.0 yang dijadualkan 9 Julai ini.

"Dengan memahami Perlembagaan Persekutuan negara, orang awam boleh mengenal pasti dan sedar apabila batasan hak mereka yang termaktub di dalam perlembagaan telah dicabuli," kata Ketua Penerangan PAS Pusat, Datuk Tuan Ibrahim Tuan Man dalam satu kenyataan hari ini.

Beliau berkata demikian sebagai maklum balas kepada kenyataan Menteri Dalam Negeri, Datuk Seri Hishammuddin Hussein semalam bahawa adalah satu kesalahan bagi mana-mana individu yang memakai baju Bersih 2.0, justeru, tangkapan ke atas mereka oleh polis adalah betul.

"Dengan adanya pengetahuan mengenai Perlembagaan Persekutuan, orang awam akan tahu bahawa kenyataan bahawa ia satu kesalahan bagi mana-mana individu yang memakai baju Bersih 2.0 adalah sesuatu yang tidak berlandaskan undang-undang dan juga perlembagaan negara," tambah beliau.

Selain itu, beliau yang juga Pesuruhjaya PAS Pahang berkata, orang awam akan tahu dan sedar bahawa larangan polis terhadap mereka untuk menyertai perhimpunan Bersih 2.0 tanpa sebarang gangguan dan provokasi adalah bercanggahan kepada Perkara 10(1)(b) Perlembagaan Persekutuan serta Perkara 20(1) Perisytiharan Hak Asasi Manusia Sejagat sebagaimana yang dimaklumkan dalam satu kenyataan Suhakam baru-baru ini.

Rujuk Buku Merah dan Buku Panduan Rakyat Majlis Peguam Untuk memahami Perlembagaan Persekutuan, PAS, katanya mencadangkan agar orang awam untuk mendapatkan Buku Panduan Rakyat Perlembagaanku@MyConstitution – hasil terbitan satu kempen usaha murni Majlis Peguam untuk mendidik orang awam untuk memahami perlembagaan secara lebih mudah dan efektif.

Setakat ini, hampir 100 orang telah telah ditangkap kerna memakai baju kuning Bersih manakala mereka yang menjual baju berkenaan turut ditahan untuk disoal-siasat.

Memandangkan pihak polis telah menerima arahan untuk meningkatkan penahanan dan crackdown terhadap sesiapa saja yang disyaki menyokong Bersih 2.0 menjelang 9 Julai, Tuan Ibrahim juga menyeru orang awam yang menyokong Bersih 2.0 untuk mengetahui hak-hak mereka sekiranya ditahan polis dengan merujuk kepada Buku Merah terbitan Majlis Peguam ketika perhimpunan Bersih 2007.

Selain itu, Tuan Ibrahim juga meminta jasa baik orang awam untuk berkongsi matlumat mengenai Buku Merah dan Perlembagaan Persekutuan dengan mengedarkannya dalam bentuk print, Facebook, emel dan Twitter kepada keluarga-keluarga dan rakan-rakan.

"(Ini) bukan untuk melawan polis, tapi untuk menjaga hak-hak mereka supaya tidak dicabul polis, yang terpaksa bertindak atas arahan pemimpin-pemimpin Barisan Nasional yang masih bermimpi ngeri mengenai lautan kuning Bersih 2007," tegas beliau.

Buku Merah boleh didownload dari pautan ini:

http://www.malaysianbar.org.my/index.php?option=com_docman&task=doc_view&gid=2202&Itemid=120

 

Kualiti kepemimpinan UMNO

Posted: 29 Jun 2011 04:34 PM PDT

SAKMONGKOL AK47

Bila saya cakap, orang UMNO marah. Penyokong mereka dalam internet pun marah. Tapi tidak apa, semua perbalahan ini akan selesai dalam pilihanraya. Pilihanraya ke 13 ini mungkin akan lebih teruk daripada yang sudah untuk UMNO. Jika saya salah, bagus. Tapi jika pengamatan saya betul, kali ini ramai yang akan kecundang.

Bila DS Najib kata kali ini dia akan menampilkan lebih ramai pimpinan muda, itu adalah kenyataan yang baik. Sebab, rata rata rakyat melihat pemimpin lama yang berkuasa, sedang berlumba lumbaan membuat hay while the sun shines. Dan oleh kerana mereka pun tahu the sun is setting extraordinarily fast, perlumbaan makin sengit.

Ramai mat laon ini lupa pula bahawa rakyat sebenarnya yang menentukan turun dan naik UMNO. Dan rakyat akan menentukan bersandarkan kesedaran yang makin meningkat. Jangan pimpinan UMNO ingat rakyat tidak tahu. Mungkin ini kelemahan UMNO yang terbesar- yakni gagal menyedari bahawa persekitaran politik di luar sudah banyak berubah.

Keangkuhan orang UMNO menjadi factor utama yang menyebabkan ia banyak kecundang. orang dan pimpinan UMNO pekak agak nya. Rakyat bercakap mengenai harga hand bag yang berharga USD 120,000 satu. Rakyat juga bercakap apabila anak bekas seorang PM beli handbag berharga RM 750 ribu untuk isteri yang tersayang. Sana sini orang bercakap mengenai aliran air mata berlawanan dengan kilauan permata untuk sebahagian Melayu yang bertuah.

Kalau mereka pergi turba( turun bawah) yang lebih kerap terdengar ialah rungutan terhadap kerajaan dan pemimpin. Tapi media audio visual dan percitakan menutupi rungutan dengan buat cerita yang menyeronokkan.

Sebab kita asyik di dengarkan dengan cerita yang seronok seronok. Tanah kerajaan sungai besi di pindahkan ke syarikat X dan kos kosong. Jika kos nya kosong, sepatutnya kos ini boleh di pindahkan kepada rakyat dalam bentuk rumah yang murah. Tapi rumah yang akan 'mampu' di beli oleh bakal pembeli berharga RM 220,000. Ini bukan harga rumah kos rendah atau sederhana rendah. Jauh lah pula jika mahu disebut rumah PPRT.

Pada harga RM 220k, berapa ramai budak Melayu yang boleh dapat loan beli rumah tersebut? Sebab mereka nanti duduk di rumah diatas tanah Sungai Besi yang masyur yang di bangunkan oleh IMDB itu, mereka terpaksa pula beli kenderaan. Kena bayar loan rumah dan loan kereta.

Berita sensasi seperti ini di ragui oleh rakyat. Tapi pemimpin kita tidak sedar disebabkan desingan retorik sendiri. Tambahan pula akhbar utama dan TV utama mendendangkan lagu yang syok di dengar. Semua OK boss. Akhirnya Boss akan KO.

Pemaju yang membina rumah RM 220k ini bukanlah melakukan suatu yang luar biasa dan membawa rahmat sangat kepada rakyat. Pembinaan rumah rumah ini sebetulnya ada pemulangan kepada pihak kerajaan dalam urusniaga cross-subsidy. Pembinaan rumah 220k itu akan mudah di bayar semula apabila 1MDB membina property lain yang berharga jutaan Ringgit. Ertinya, pembinaan rumah2 RM 220k bukanlah suatu yang boleh kita laungkan dan canang sana sini.

Orang UMNO sudah tidak mahu kerja keras. Buat apa kerja keras, bertandng pun belum confirm. Boleh jadi pimpinan UMNO lupa tabiat buruk orang UMNO. Mereka akan berkerja keras kalau ada chance jadi wakil rakyat dan ahli parlimen. Hello- orang Melayu tidak berkehendakkan wakil rakyat yang tidak berpelajaran dan malas berkerja. Orang UMNO hanya mahu kerja keras kalau di pilih calun.

Di dalam UMNO bahagian Pekan sendiri pun, keadaan nya tidak lah elok sangat pun. Keadaan nya serupa seperti tahun 1990an. Orang ramai khususnya UMNO operatives bersusun susun sambut PM balik Pekan. mereka berhimpun beramai ramai berpesta di kediaman PM di Pekan. berombongan menyambut dan menghantar PM balik dan pulang. Selebih dari itu, UMNO Pekan akan sunyi. Tidak ada orang mahu tunjuka lebih sebab kerana kalau tunjuk lebih pun, boss tak Nampak. Adalah lebih penting menunjukkan kita kerja keras kalau bos tahu.

Kalau PM menang di Pekan, ianya semata disebabkan oleh factor peribadi nya. Body nya sahaja sudah bernilai separuh dari undi yang akan di perolehi nya. Selebihnya datang dari hasil hulur sana sini.

READ MORE HERE

 

Pakatan MPs express outrage by donning yellow neckties

Posted: 29 Jun 2011 04:26 PM PDT

(Malaysian Digect) - Pakatan Rakyat (PR) MPs today expressed their outrage towards the government for outlawing Bersih by donning yellow neckties and attires at Parliament.

During a press conference held at the parliamentary lobby this morning, former Democratic Action Party (DAP) national chairman Lim Kit Siang described Hishammuddin's act in outlawing t-shirt carrying messages that support Bersih 2.0.

"Here to show our protest against the clampdown that has been made against Bersih 2.0, especially the announcement by Home Minister Datuk Seri Hishammuddin Tun Hussein that all t-shirt with messages showing support for Bersih have been outlawed," he said.

Lim labeled the act as outrageous, which is the home minister making the law on the run without parliamentary sanction.

"We are here to demonstrate our outrage and support for a peaceful Bersih rally for a free and fair election," he said.

The Ipoh Timur MP also expressed his objection against those wearing (Pemuda Umno's) Patriot t-shirts in support of the Umno Youth rally on 9 July which indicates a violent gathering.

What's worse, according to him is Perkasa's rally to counter Bersih and speeches from them threatening another May 13, chaos and telling the Chinese folks to stay indoors and stock up food in which he told that no action has been taken against them, and instead taking action against Bersih rally.

Meanwhile, Batu MP Tian Chua had again stressed that the purpose of the rally is to gather peacefully as this is part of the rights of the rakyat.

Besides that, he said he and other Pakatan MPs are in solidarity to demand democracy in this country.

Unfortunately, he told that the ones that are supposed to uphold the law had made a declaration which is beyond the rights of the law such as banning and detaining anyone donning elements of colors that show support for Bersih.

Tian also told that many Pakatan MPs have been detained because of this including Gopeng MP Lee Boon Chye and Simpang Pulai state assemblyman who were detained this morning.

According to Tian this is not just an oppression of human rights, but also denying the MPs in doing their jobs.

"Therefore we strongly protest an outrage against such illegal actions of the police in continuously harassing member of parliaments as well as NGOs being harassed and charged without any form of legal basis," he said.

Yesterday, Home Minister Datuk Seri Hishammuddin Tun Hussein announced that t-shirts with messages in support of Bersih have been outlawed.

According to him, if the Bersih T-shirt is related to an illegal assembly, then whatever they are wearing is illegal.

 

Anwar tetap sertai perhimpunan Bersih

Posted: 29 Jun 2011 04:24 PM PDT

(Utsuan Malaysia) - Penasihat Parti Keadilan Rakyat (PKR), Datuk Seri Anwar Ibrahim mengesahkan beliau akan menyertai perhimpunan haram Gabungan Pilihan Raya Bersih dan Adil (Bersih) pada 9 Julai ini meskipun terdapat dakwaan mengatakan kumpulan itu diresapi pengaruh ideologi asing termasuk komunis dan mendapat dana asing.

Sambil menyatakan sokongan terhadap Bersih, beliau menafikan dakwaan tersebut sebaliknya menyatakan perhimpunan itu tidak ada kena-mengena dengan elemen asing berkenaan.

Malah beliau menganggap ia hanya diada-adakan bagi mengalihkan perhatian masyarakat.

"Ini ada yang kata jadi komunis, pemberontak, menentang Agong (Yang di-Pertuan), pembiayaan dana asing, semuanya nak alihkan pandangan (daripada agenda Bersih).

"Kita tuntut pilihan raya yang bersih dan perhimpunan aman. Jadi izinkan laluan supaya orang untuk rasa (sertai perhimpunan)," katanya kepada pemberita selepas menghadiri majlis Wacana Ekonomi anjuran Pejabat Penasihat Ekonomi Selangor di sini, hari ini.

Sebelum ini, polis telah menahan 31 individu daripada Parti Sosialis Malaysia (PSM) termasuk Ahli Parlimen Sungai Siput, Dr. Michael Jeyakumar Devaraj di Pulau Pinang kerana didakwa cuba menyebarkan fahaman komunis dalam mempromosikan perhimpunan haram Bersih.

Polis turut merampas beribu-ribu risalah berunsur anti kerajaan dan kumpulan itu turut membawa kemeja T tertera gambar pemimpin komunis yang diangkat sebagai 'kesatria' termasuk pemimpin Parti Komunis Malaya (PKM) seperti Chin Peng, Rashid Maidin, Abdullah CD dan Suriani Abdullah.

Bersih juga dikatakan menerima bantuan dana asing bagi operasi perhimpunan haram tersebut yang antaranya dikatakan melibatkan Yayasan Konrad Adenauer dari Jerman dan Yayasan Canadian Allied dari Kanada.

 

Cabbies rally against Bersih march

Posted: 29 Jun 2011 03:56 PM PDT

(The Star) - Taxi drivers are protesting against the planned Bersih 2.0 rally, saying their business will be badly affected if they cannot transport passengers within the tourist hub.

Executive Taxi Owners' Association chairman Azmi Mohd Yatim said taxi drivers would be unable to pick up and drop off passengers if the organisers went ahead with the rally on July 9.

"We won't be able to go into the city, especially around Dataran Merdeka and other tourist spots, if there are roadblocks heading into the city.

"Tourists will have a bad impression of our country if the rally were to take place. We are politically neutral and all we want is to be able to make a living to support our families," he said.

For peace: Roslinda showing the badge to protest against street demonstrations at the launch of Puteri Umno's campaign at PWTC yesterday.

Taxi driver Shaharizal Othman, 39, said July was considered a "bonus month" for taxi drivers with the surge of tourists from the Middle East who come here during the summer.

"We have to pay an average of RM100 a day for car rent. If we are unable to pick up passengers for about a week due to the rally, we have to pay the rent every day on top of not receiving any income for days," said Shaharizal, who has been a taxi driver for more than five years.

Another taxi driver, Hamran Idrus, 48, said he would probably not work on July 9 to avoid roadblocks if the rally were to proceed.

The taxi drivers, along with Puteri Umno chief Datuk Rosnah Abdul Rashid Shirlin, handed over a memorandum to the Home Ministry protesting against the rally.

"As concerned citizens, Puteri Umno urges the Home Ministry to take stern action against the organisers of the street demonstration," said Rosnah before handing over the memorandum to ministry representative Datuk Abdul Hamid Mohd Nazahar at the launch of the "People-friendly Ambassadors Protest Against Street Demon­stration" campaign at PWTC here yesterday.

Rosnah, who is also Deputy Health Minister, said the rallies would bring more harm than good, especially on a weekend when everyone wanted to have peace of mind.

 

Son of blogger Raja Petra Kamarudin freed by court

Posted: 29 Jun 2011 03:21 PM PDT

(NEW STRAITS TIMES) - The son of blogger Raja Petra Kamarudin was freed by the Shah Alam magistrate's court today from two counts of theft and one count of having in possession a stolen property.

Raja Azman Raja Petra, 35, was acquitted by magistrate Norkamilah Aziz after she found the prosecution failed to prove a prima facie case.

He was charged with stealing a mobile phone, a watch, and a motorcycle, and for possessing a stolen motorcycle in Shah Alam and Puchong last year.


 

Thursday jottings

Posted: 29 Jun 2011 03:16 PM PDT

http://img197.imageshack.us/img197/6445/artharun.jpg

By Art Harun

While all of us, citizens and the police alike, are going completely bonkers about the planned rally by BERSIH on 9th July, allow me to touch on the subject a bit today.

The government has surely gone drunken-ape about this planned rally. It has, among others, declared that yellow t-shirts with the word BERSIH printed on them are illegal. The IGP, feeling left out, later chipped in to warn that buses, shoes and umbrellas with markings which support the rally – which according to him is an illegal act – is seditious. See here and here for full reports respectively.

And so people wearing t-shirts are arrested. The word BERSIH has become a dirty one. Activists have also been arrested.

The police on the other hand has been busy churning out ridiculous amount of laughing gas every time it attempted to justify the clampdown on the planned rally. Firstly, they claimed it was a communist plot to overthrow the government. Then it was the fact that BERSIH was being funded by Christian groups who are of course – what else? – anti-Islam. And today we have a statement saying there are foreign elements which are threatening to throw the country into chaos during the rally.

God knows what's the next thing they will come up with. Lord Voldermot and Darth Vader appearing as Ambiga and Hadi Awang?

Meanwhile, our National Laureate, A Samad Said, was called for questioning by the police just for reading 2 paragraphs of his prepared speech. See my post The Tipping Point on this.

Yesterday we had the Persatuan Silat whatever declaring to wage war against the BERSIH rally goers. Before that we have Ibrahim Ali telling the Chinese to stock up food. While Pak Samad was promptly hauled up to the police station for a 90 minute tete-a-tete for reading some very nice prose calling for social justice, I wonder why statements which wage war and provoking the Chinese are not investigated with the same vigour or at all by the police.

It is this kind of double standard which nauseates me and many others, I must say.

The truth is the police and the Home Ministry could just work with the organisers of the rally to ensure a peaceful and orderly rally. After all, the police's fundamental duty is to protect the society and to ensure peace. It's duty is not to prevent citizens from exercising their rights under the Constitution.

I remember after the now infamous cow head protest in Shah Alam, the police explained why their officers just stood guard and did not prevent the rally that Friday. I remember the police saying that they did not stop the rally because they feared it might cause more anger. And so they just stood like statues looking at the rally goers carrying a bloodied cow head while chanting racially provocative statements.

What is the difference between that and the planned BERSIH rally? Why can;t the police do the same. Stand guard. Ensure public safety.

I also remember what the Home Minister said after that protest. Here it is.

READ MORE HERE

 

Pakatan event turns ugly when cops show up

Posted: 29 Jun 2011 03:02 PM PDT

By B Nantha Kumar, FMT

SHAH ALAM: A Pakatan Rakyat event, organised by the PAS Youth wing, turned ugly here last night after the police attempted to seize the yellow Bersih rally T-shirts sold outside the venue.

The event dubbed "Solat Hajat Dan Pidato" at the Malawati Stadium kicked off smoothly at about 7.30pm, starting with a special prayer followed by fiery speeches by Pakatan leaders to some 3,000 supporters.

At the entrance of the stadium, a few PAS members were doing brisk business selling the Bersih rally T-shirts at a stall.

However, at about 10.30pm, four men claiming to be from the Shah Alam district police headquarters converged at the stall and tried to seize the "outlawed" T-shirts.

Two policemen started packing the T-shirts and left the stadium, another started questioning the "stall" owner, while another one was packing the T-shirts.

The situation turned tense when those attending the event realised that the police were "raiding" the stall. About 100 people surrounded the two policemen and demanded that they produce their identity cards.

One of the two men failed to produce his card and was chased out of the venue by opposition supporters. The supporters also took back the seized T-shirts.

Speaking to opposition supporters earlier, PAS deputy president Mohamad Sabu urged the people to attend the Bersih rally scheduled for July 9.

 

READ MORE HERE.

Private broadcasters told to ignore Bersih, warn people against protests

Posted: 29 Jun 2011 02:49 PM PDT

By Jahabar Sadiq, The Malaysian Insider

KUALA LUMPUR, June 30 — The Najib administration has warned private broadcasters against mentioning the planned Bersih rally or the protest date but wants them to warn people against taking to the streets to ask for free and fair elections, media executives say.

The Malaysian Insider understands that the Malaysian Communications and Multimedia Commission (MCMC) called in media executives in the past week to inform them of the new regulations apart from Home Minister Datuk Seri Hishammuddin Hussein declaring Bersih T-shirts as illegal.

"We can't mention Bersih, the July 9 date for the rally in our broadcasts but we must warn people against demonstrating. How to do that?" a senior media executive asked The Malaysian Insider.

Putrajaya runs Radio Televisyen Malaysia (RTM) that offers television and radio broadcasts but also licenses private broadcasters like Astro or the Astro All Asia Network which is a cross-media group, The Star Publication which operates radio stations, Media Prima Berhad which runs TV and radio stations, and the Bfm radio station.

"We have to submit our radio scripts too for checking. It's a bit ridiculous," another executive told The Malaysian Insider.

It is understood the orders came from the Information Ministry in tandem with a crackdown on the Bersih movement which is calling for a protest on July 9 to press for free and fair elections.

Hishammuddin said yesterday that Bersih T-shirts are illegal just hours before police raided the Bersih secretariat in Petaling Jaya on suspicion of carrying out illegal activities. Seven activists held in the raid were later freed on police bail.

Police also seized T-shirts and banners during the raid carried out by a phalanx of policemen, including one carrying an assault rifle.

Inspector-General of Police Tan Sri Ismail Omar also said the police will not only arrest those sporting Bersih T-shirts but may also take action against anyone using any medium to promote the illegal rally.

"Not just T-shirts but shoes, cars, buses. If these are the tools used to encourage people to gather (illegally), this amounts to sedition," he told reporters at Bukit Aman police headquarters here yesterday.

"Based on PDRM (Royal Malaysian Police) intelligence ... if this rally is held, tension, chaos, the destruction of property, injury and even loss of life may occur," he said.

"PDRM will not allow any individual or certain parties to do anything that could trigger chaos and anarchy."

He said the police have received information that foreign elements were poised to exploit the chaos that would "very likely" result from the rally but declined to reveal their identity or if they were working with opposition parties.

Police have arrested 30 people, including Sungai Siput MP Dr Michael Jeyakumar Devaraj, for campaigning for Bersih.

 

READ MORE HERE.

PM hints general election ‘round the corner’

Posted: 29 Jun 2011 02:41 PM PDT

By Mazwin Nik Anis and Muguntan Vanar, The Star 

KOTA KINABALU: Datuk Seri Najib Tun Razak gave the strongest hint yet that the general election may be around the corner on the first day of his visit to Sabah yesterday.

Hinting it might be his last visit to the state before the election, the Prime Minister asked leaders of Barisan Nasional component parties to clear the problems of the grassroot.

In an hour-long closed door meeting with state Barisan leaders, Najib, who is also Barisan chairman, reiterated the importance of zero problem in the constituencies as the coalition was keen to field winnable candidates to ensure victory.

According to leaders who attended the meeting, Najib spoke of unity and also explained to them about the opposition's tactics to use the July 9 rally to wrest political momentum from Barisan which has been winning a string of by-elections.

PBS president Tan Sri Pairin Kitingan said the message was for every party in Barisan to be prepared and work on the ground for the election.

"In fact, the prime minister said this might be his last visit to the state (before the election)."

"It may or may not be this year but it is still possible it will this year," Pairin said.

He said the Prime Minister stressed on the need for winnable candidates, adding that as far PBS was concerned, it was ready for the election anytime.

Sabah Barisan secretary Datuk Abdul Rahman Dahlan said the Prime Minister's key concept for the coalition was to field winnable candidates and reminded the wakil rakyat to continue to be close to the people.

"He reminded us about the need to work hard to win the hearts of the people," he said.

Parti Bersatu Rakyat Sabah (PBRS) president Tan Sri Joseph Kurup also said Najib had stressed on the need for component parties to be prepared for the election.

"As far as my party is concerned, we are prepared even if the election is called next week," he said.

Najib later attended a 1Malaysia dinner at the historic Padang Merdeka where he was joined by various community and business leaders.

 


Opposition MPs wear yellow to show support for July 9 rally

Posted: 29 Jun 2011 02:38 PM PDT

By Rahimy Rahim, The Star

KUALA LUMPUR: Several Pakatan Rakyat MPs have shown their support for illegal Besih 2.0 July 9 rally by wearing yellow for Thursday's parliament sitting.

Among them were Lim Kit Siang (DAP-Ipoh Timur), Charles Santiago (DAP-Klang), Fong Kui Lun (DAP-Bukit Bintang), Tian Chua (PKR-Batu) and Datuk Johari Abdul (PKR-Sungai Petani), who wore yellow ties while Nurul Izzah (PKR-Lembah Pantai) and Zuraida Kamaruddin (PKR-Ampang) showed up in yellow baju kurung.

DAP Adviser Lim Kit Siang said the opposition MPs were outraged by the ban on Bersih's t-shirt or any yellow apparel.

"All we wanted was to express our demand for a clean and free electoral system," he told a press conference at the parliament lobby.

DAP Chairman Karpal Singh (DAP-Bukit Gelugor) said that the opposition was ready to take legal action against the police of seizing items relating to the Bersih rally.

"We have the intent to take action in court as they did not breach any laws in the country," he said.

Police to use all available laws to prevent July 9 demonstrations

Posted: 29 Jun 2011 02:26 PM PDT

(The Star) - KUALA LUMPUR: Police have warned that they will use all available laws to prevent the July 9 rallies, saying they have information that foreign elements were out to create chaos.

Inspector-General of Police Tan Sri Ismail Omar issued the warning to groups who planned to defy police orders, regardless of their political affiliations, from holding the rallies.

"Intelligence gathered has revealed attempts by certain quarters, including foreign elements, attempting to seize the opportunity and exploit the situation.

"There is a possibility that should the rally proceed, it could create chaos, destruction to property, injuries and even the possibility of loss of lives," he told a press conference at Bukit Aman yesterday.

Ismail said there were certain groups openly and secretly planning to gather thousands of people to create chaos by instigating public participation in illegal assemblies.

He said police have arrested 101 people nationwide for allegedly inciting the public to join the rallies.

He said 45 of them were still being detained, adding that 1,830 reports had been lodged by the public opposing the rallies.

Ismail said that if such a situation was not arrested immediately, it could pose a public order situation as well as a threat to national security.

"The police force will not allow any individual or parties to take advantage and create chaos or anarchy.

"We will take stern action within the confines of the law against anyone or party that plans to organise or participate in illegal gatherings," he said.

Ismail said police would continue to take action against those distributing leaflets, T-shirts or any other method to incite the public into participating in the illegal rallies.

"Action will be taken against anyone found wearing the yellow attire, or driving cars, and buses with the Bersih 2.0 logo to incite people to attend the rallies," he said.

Meanwhile, Home Minister Datuk Seri Hishammuddin Hussein said action would be taken against the Umno Youth members who surrounded the PKR headquarters on Monday and allegedly threatened to burn down the office.

"I told the police to treat them as with Bersih. Nobody is above the law," he said.

He said T-shirts with messages in support of Bersih have been outlawed because they were related to an illegal assembly.

"The Bersih T-shirt is related to an illegal assembly, then whatever they are wearing is illegal," he told a press conference here yesterday.

Hishammuddin dismissed claims that the police arrests of those supporting the July 9 march for electoral reforms were politically-motivated. can also ask the same thing of them," he said.

 

 

Why I will walk

Posted: 29 Jun 2011 02:19 PM PDT

By A Malaysian Citizen

Is exercising a democratic right in a democratic country now illegal?

Not so long ago, I would have supported the objective of Bersih 2.0 purely on principle. The eight points are noble, idealistic and perfectly reasonable. Actually achieving the objectives, well, perhaps a little unrealistic. But there is nothing wrong with being idealistic, especially if it's balanced with a healthy dose of realism.

I work on Saturdays. It is the busiest day of my working week, and one that I enjoy tremendously. Only 10 days ago, I would have been a silent supporter of the eight points of the memorandum, for there is nothing wrong with those eight points — I still don't understand what danger lies in those eight points. I would have gone to work, got on with my day, and perhaps expect to read in the news at some stage a press release along the lines of "we have taken the eight points into consideration...", without really expecting much. Personally, agreeing to the use of indelible ink alone would have been a more than acceptable first step for me.

I fully expected the opposition to jump onto the Bersih bandwagon. What else would they do? I expected the government to accuse the opposition parties of doing so — because that is what political parties do, they politicise. And I fully expected certain NGOs to come out with their usual rhetoric, ranting against all sorts of things with accusations that completely boggle the mind.

I am not political, although I am a voter — I vote because it is my civic duty; I vote because I can; I vote because there are millions of people in the world who would dearly love the opportunity to be able to turn up to a polling booth and make their voice heard; and, if nothing else, voting gives me the right to whinge about things I do not approve of. I do not support either side of the political divide. I personally believe both sides waste a lot of time trying to gain political mileage through petty and immature politicking. But that's what politicians do. So I ignore or laugh at the nonsense and simply try to get on with life in the most positive way I can. Having said that, I do acknowledge there are voices of reason and sincerity on BOTH sides of the political divide.

I believe that real change comes from civil society. I believe that we behave better towards each other than some delinquents in the Dewan Rakyat. I believe in keeping my faith in basic human decency. I believe it is entirely possible to disagree with someone without resorting to name-calling and threats of violence. I believe that if I want to see certain changes, I must begin with myself.

Has the Bersih rally been politicised? Of course it has, by both sides. Does that invalidate the eight points? Absolutely not. Rallies or demonstrations are not the Malaysian way? Rubbish. Since history is to be a compulsory pass for SPM, I suggest certain people brush up on this subject and see what a fallacy this claim is. Besides, the last time I checked, we were still a democracy — or did something change while I wasn't looking?

To think, had this rally been allowed, had it even been supported by members of BN — oh, there were so many different options you could have chosen in response, and it's still not too late — the Bersih 2.0 rally could have been a peaceful non-event. People like myself would have gone on with our usual Saturday routines, lending our support in principle only.

Am I afraid? Yes, I am. Do I think things could get ugly? Yes, I do. But I also have faith in my fellow Malaysians that they will try to keep things as peaceful as possible. I have faith that we Malaysians are not as divided as some would have us believe. If my faith is wrong, let it be proven wrong by fact, not by fear.

I would have happily gone to work on July 9 and quietly wished Bersih all the best if not for the completely disproportionate response by the government (arrests, raids, threats, etc.), not to mention the ridiculous accusations of "illegality" among other threats that are completely illegitimate and nonsensical. It is not the Bersih organisers who have made it increasingly unpalatable for me, who force my conscience, who fill me with such depths of disbelief and disgust, who have pushed too far with fear-mongering that I can no longer sit and lend my support in principle only.

Is exercising a democratic right in a democratic country now illegal?

More Pakatan lawmakers nabbed for Bersih links

Posted: 29 Jun 2011 02:11 PM PDT

By Yow Hong Chieh, The Malaysian Insider

KUALA LUMPUR, June 30 — PKR science and health bureau chief and Gopeng MP Dr Lee Boon Chye was arrested by police earlier this morning while distributing Bersih flyers at Gunung Rapat market.

Another PKR lawmaker, Simpang Pulai state assemblyman Chan Ming Kai, was also picked up at the same location along with two men wearing and selling the iconic yellow Bersih T-shirts declared illegal by the Home Ministry yesterday.

The four were believed to have been arrested for promoting the Bersih 2.0 rally for free and fair elections, scheduled to take place in Kuala Lumpur on July 9.

According to Perak Online, Chan was seen having drinks with his supporters at a stall at around 9am when he decided to put on a Bersih T-shirt. He was arrested 10 minutes later.

The online news portal said over 50 police officers, headed by Ipoh CID chief DSP Glenn Antohany Sinapa, had staked out the market from as early as 8am this morning.

Police also arrested 14 activists — 12 DAP and two PKR members — in Sungai Siput yesterday for wearing Bersih and Ubah T-shirts while distributing Malaysian flags at a market there.

Among those arrested were Jalong assemblyman Leong Mee Meng, Teja assemblyman Chang Lih Kang, and Dr Lee's political secretary, Tan Kar Hing.

 

READ MORE HERE.

Cops can arrest PAS men who cause trouble at rally, says Mat Sabu

Posted: 29 Jun 2011 02:10 PM PDT

By Boo Su-Lyn, The Malaysian Insider

KUALA LUMPUR, June 30 — PAS deputy president Mohamad Sabu guaranteed today that PAS supporters will march peacefully at the July 9 Bersih rally, saying that police can detain them if they spark chaos.

"If they throw stones or burn cars, our lawyers will not defend them," he told reporters today.

"For PAS, we are confident that our members will be very disciplined and peaceful, as seen in previous demonstrations, for example, the march against the Danish cartoons of Prophet Muhammad," said Mohamad (picture), who is more popularly known as Mat Sabu.

MORE TO COME HERE.

70 abducted by ‘policemen’ have vanished

Posted: 29 Jun 2011 02:07 PM PDT

By Patrick Lee, FMT

KUALA LUMPUR: More than 70 people are believed to have been abducted by "policemen", Pakatan Rakyat MPs alleged. DAP Ipoh Barat MP M Kulasegaran said that these people were last seen led away by plainclothes "policemen".

"Something dreadful has happened to them while on the way to police stations… they were led away in the company of people armed with the stuff of law enforcement," he told reporters in the Parliament lobby yesterday.

Kulasegaran said that these people then disappeared, never to be seen again.  He added that more than 70 separate police reports have been lodged in the last eight months with regard to the matter.

In one example, he said that "two or three men" appeared at a Gunong Rapat house near Ipoh last week.

"Claiming they were police personnel … they produced police identity papers, carried handcuffs and were armed with firearms. But they were not in uniform and arrived in unmarked vehicles," said Kulasegaran.

He heard about the case from the couple's family members. When he inquired about the couple's fate at the Ipoh police station, he found out that the police did not call them in for questioning.

"They had no dealings with the police… No connections whatsoever!" said Kulasegaran.

Similar circumstances

PKR Kapar MP S Manickavasagam said that he knew of a Subang Jaya businessman who disappeared under similar circumstances in June.

"His family came to my office, and we sent a memorandum to the Inspector-General of Police (Ismail Omar), lodged three police reports, but until now he's (still) missing," he said.

Manickavasagam added that the businessman had not left the country as his passport was still in his house.

He added that he had heard of four similar cases through DAP Puchong MP Gobind Singh Deo.

Kulasegaran filed a motion on the matter on Monday. However, it was rejected in Dewan Rakyat Speaker Pandikar Amin Mulia's Chambers yesterday.

READ MORE HERE

 

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