Isnin, 19 September 2011

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Rhetoric versus substance

Posted: 18 Sep 2011 08:04 PM PDT

So what's with all these comments below? We are all fighting the same battle. We are all screaming for change. But while you scream for change, I am telling you what changes we should be pressing for. And we press both the current government plus those who want to offer themselves as the alternative to the current government.

NO HOLDS BARRED

Raja Petra Kamarudin

We say ABU (anything but Umno or asal bukan Umno).

We say we want change.

We say we need reforms.

We say: just repealing the ISA is not good enough -- we want to see more.

We say: kick out Barisan Nasional and replace it with a new government.

We say this, and we say that, and we say the other.

But what are we really saying? The devil is in the details. So where are the details? 

That, we do not say!

We know what we currently have is not good enough. We want something new. We want something different. We want something better.

But what is that we currently have which is not good or not good enough? What is it that we are looking for? What new things do we want? What do we want discarded and replaced? And what do we want to replace it with?

That, we do not say!

So I say it. I say what is wrong with what we currently have. I say what should be discarded and replaced. I say what it should be replaced with. And I said it my article called 'Can we look at this instead, a Bill of Rights?' and my earlier article called 'The cloak hides the man'.

Below are just some of the comments to my article 'Can we look at this instead, a Bill of Rights?'. And the comments are still rhetoric without substance or details.

We went through the same thing here in the UK recently. We said that more than a decade of Labour is enough. We no longer trust Labour and its policies, which are bankrupting the nation. Let us go for change. Let us vote in a new government.

So we voted out Labour. Then we got a new government: a coalition between the Conservatives and Lib Dem.

But we did not get the change we desired. They never delivered what they promised. In some instances, things actually got worse rather than better. Now we are talking about voting Labour back in come the next election. And in the few by-elections since, like in my hometown Manchester recently, we actually voted for the Labour candidate.

That is because we just wanted ABL (anything but Labour or asal bukan Labour). But we did not talk about what is wrong with Labour, only that we don't want Labour anymore because they were bankrupting the nation. Now we find that the new government cannot do any better than Labour could. 

And that is what we will experience in Malaysia if we are not careful.

Anything but Umno. Asal bukan Umno. As long as not Umno, never mind whether we actually do see change with the new government.

No, this is not just about kicking out the current government and replacing it with a new government. This is about ensuring that we see change. And we need to know what changes we are talking about. And whoever wants to form the government, post-13th GE, will need to know what we have in mind.

And that is why I proposed the Bill of Rights.

So, some of what we propose may need an amendment to the Constitution. So, some of what we propose may need the introduction of new laws -- which the Constitution may actually provide for without any amendments required. So, some of what we propose may need the abolishing of existing laws.

So what? So be it!

Whatever it may be, FFF. No, I am not swearing. FFF means Form Follows Function. We shape the Constitution and our laws according to the function we wish for it to perform. And what we want it to perform is to satisfy our Bill of Rights.

So what's with all these comments below? We are all fighting the same battle. We are all screaming for change. But while you scream for change, I am telling you what changes we should be pressing for. And we press both the current government plus those who want to offer themselves as the alternative to the current government.

We do not want, like in the UK, to kick out Labour and get a new government that can't seem to do better than Labour, and now talk about voting Labour back in come the next election. (By the way, I am a Lib Dem member, the party that is now the government).

***************************

RPK, don't get so touchy lah. I don't speak for the others but the reason why I say it can't be done is because a Bill of Rights will contravene what the Malaysian Constitution dictates. To introduce such a Bill into law, we must first look at amending the Malaysian Constitution and that will be extremely difficult, not impossible but improbable at this juncture of time. Why not take it one step at a time and start to push for an amendment of the Constitution first? -- Hakim Joe

****************************

Dear Pete, don't have the heart to burst your balloon of hope but I think if we adopt your enthusiasm we will be very disappointed.

Let me out it like this:

B4 the baby can walk you are teaching him how to run.

Of course we must encourage the baby when he trying to walk. 

Problem is it may not be a baby but a snake in baby clothes and how to teach a snake to walk?

A snake just crawl and slither, but just can't walk.

Or how to teach a crab to walk straight?

Sorry I am too pessimistic because we have been short-changed for far too long and I think you are jumping the gun, though it is definitely a good suggestion and good ideals to strive for.

(Or maybe you live so long overseas you are breathing in more democratic and unpolluted air that helps your optimism.)

I will just do my best and vote for change which will hopefully come with the above package. -- Always Fair

*****************************

Come on RPK, please read through my comments here:

What makes u think I don't agree with the Bill of Rights?

Yes, I agree with it wholeheartedly and believe it to be great!!

Yes, please tell us how it's going to be implemented!! -- educationist

******************************

There is no bill of rights under Ameno administration! Only one that i knew from hey days is I do as i like and please! Ameno's favourite law all time being used whenever they like and please! So no point of talking of bills of rights under ameno rule! -- Pegasus

*******************************

As I see it, you can have all the best legislation in the world with noble intentions but as long as there is complacency, corruption and abuse of power among politician there will not be change. To change the attitude of politicians the people must be prepared to vote out corrupt and abusive elected officials. So, to bring about speedy change, people must vote out the BN government. Please do not get carried away by BN's promises of legislative reform. Reform will only come when voters reform themselves. -- Raja Chulan

*******************************

I am 100% sure Najib will not accede to RPK's proposals. To do so he has to dismantle the institutionalised ethnic discriminating policies (NEP) so that all rakyats have equal rights.

Islam also forbids muslims from renouncing their faith in favour of other religious beliefs. So where's the freedom of religion, belief and opinion?

I think RPK is asking or expecting too much of Najib. -- Hanuman

 

I will not respond

Posted: 18 Sep 2011 06:37 PM PDT

It has always been the 'benchmark' that a leader who does not respond to an allegation is an indication of guilt. This is most unfortunate because a person must be assumed innocent unless and until proven guilty. But in politics, and in the court of public opinion, a person is assumed guilty unless proven innocent. This is the same argument I have used many times against Najib with regards to the allegation of his involvement in the Altantuya case.

NO HOLDS BARRED

Raja Petra Kamarudin

Sex in the oval office: Clinton will not respond

I am President of the United States, and there is no writ that runs against me other than a summons by Bill of Impeachment from the House.

I will not respond to the Paula Jones suit until I have left office; if that results in a default judgment against me, so be it. I will not respond to a summons from a Grand Jury. I will not respond to a summons from a Special Prosecutor.

Mr. Starr may question my staff, who are after all officers of the United States; but I am the Chief Executive and head of the Executive Branch, and thus equal to the Judiciary and the Congress.

The Constitution provides a mechanism for calling to account a duly elected President. It is call impeachment. If that is the will of the House, so be it. Until then, direct your inquiries elsewhere since I will not respond.

************************************

Photo with Altantuya: Najib will not respond

(Malaysiakini) - Deputy Premier Najib Abdul Razak would not be responding to alleged claims that he was pictured seating on the same table as murdered Mongolian woman Altantuya Shariibuu.

His press secretary Tengku Sarifuddin Tengku Ahmad said Najib would not issue any new statement on the claims by Burmaa Oyunchimeg, 26, during the ongoing murder trial of her counsin Altantuya.

"I wish to make it clear that the deputy prime minister had on several occasions when interviewed by the media previously and during the Ijok by-election had said that he had never met and known Altantuya and was not involved in the case."

"As such, the issue over the picture does not arise," Tengku Sarifuddin told Bernama today.

The picture in question was raised by Burmaa, who claimed that Altantuya had once shown her a photograph of the deceased together with Abdul Razak Baginda, one of the accused in the trial, along with one government official known only as "Najib Razak". 

**************************************

New video with Eskay: Anwar will not respond

(Malaysiakini) - Opposition Leader Anwar Ibrahim has refused to comment on allegations by an Umno-friendly blogger that he has further video evidence to implicate the PKR supremo in a sex scandal.

Anwar, who looked calm when answering journalists, said he would not entertain such questions.

"Any issues regarding morality, alcohol, gambling, vice, cruelty, slander or saying (about) a bad character of a person I will not entertain, and refuse to answer," he said.

Later Anwar clarified to Malaysiakini that it is not that issues of morality are not important.

"Is it proper for those involved in corruption, murder, or consume alcohol to make such accusations and talk about morality?" he asked.

At his side was his wife and PKR president, Dr Wan Azizah Wan Ismail.

 
Kredit: www.malaysia-today.net

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WIKILEAKS: GOM Touts "Record" Manufacturing Investment Approvals for 2006; Rampant ...

Posted: 19 Sep 2011 01:00 AM PDT

The source said the study, which has not been released to the public, revealed that many Bumi contractors typically sold off their tenders for quick money, often to finance expensive cars and houses. The report also found Bumiputra contractors had misused payments received from the government to pay off creditors and that they often sought additional government tenders prior to completing the ones already awarded to them.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

SENSITIVE BUT UNCLASSIFIED - NOT FOR INTERNET DISTRIBUTION

1. (U) Summary:  The GOM trumpeted figures showing total manufacturing investment approvals in Malaysia rose 48.1% in 2006 to a record RM 46 billion (USD 13.1 billion), and used this as proof the country remained internationally competitive.  However, a closer look at the numbers reveals the investment trend in Malaysia is a lot less rosy.  Meanwhile, Prime Minister Abdullah publicly vented his frustration over a recent study showing 85% of government construction tenders awarded to ethnic Malays under the GOM's affirmative action program are being sold to non-Malays, defeating the purpose of the policy.  In response, the GOM has vowed to get tough on violators.  End summary.

We're In the Money!

2. (U)  Minister of International Trade and Industry Rafidah Aziz announced February 13 that Malaysia's total manufacturing investments approvals rose 48.1% in 2006 to an unprecedented high of RM 46 billion (USD 13.1 billion), from RM 31 billion projects approved in 2005.  Of this amount, foreign manufacturing investment approvals accounted for RM 20.2 billion (USD 5.77 billion), an increase of 13.1% from the RM 17.9 billion (USD 5.11 billion) approved in 2005, while domestic investment approvals accounted for RM 25.8 billion (USD 7.37 billion), almost double the RM 13.2 billion (USD 3.77 billion) approved in 2005, primarily due to fourth quarter approvals for three large petroleum and petrochemical projects (see paragraph 5).

3. (U) The largest share of foreign direct investment approvals continued to be in the electronic and electrical sector, accounting for RM 8.6 billion (USD 2.5 billion) or 42.6% of the total.  Japan emerged as the top investor for 2006 with RM 4.4 billion (USD 1.25 billion) in investment approvals, of which RM 1.5 billion (USD 430 million) will be in greenfield industries.  [Comment:  Japanese embassy economic counselor Takuya Sasayama told the press that the spike in Japanese FDI during the second half of 2006 may be the result of the Japanese-Malaysia Economic Partnership Agreement, which became effective last July.  End comment].  The Netherlands came in second place with RM 3.3 billion (USD 943 million) in investment approvals, followed by Australia with RM 2.6 billion (USD 743 million).  The U.S. slipped to fourth place with RM 2.5 billion (USD 714 million) in investment approvals, down from its number one position in 2005.  About 60% of the U.S. company investment approvals will be re-investments by existing companies for expansion or diversification in the electronic and electrical sector.

FTA "Just a Bonus"

4. (U) The surge in investment approvals exceeded the GOM's targeted average investment approvals of RM 27.5 billion (USD 7.8 billion) per year under the 15-year Third Industrial Masterplan.  In press reports, Rafidah said "[d]espite the increasing global competition, Malaysia continues to attract global foreign investment outflows, reflecting the country's cost-competitiveness as a manufacturing and export base."  She added the figures demonstrated that a failure to reach a free trade agreement (FTA) with the U.S. would not have an adverse impact on foreign direct investment (FDI) into Malaysia. "The FTA is just another bonus", she said.

Hey, wait a minute...

5. (U) A closer look at the numbers reveals the sharp rise in Malaysia's investment approvals last year may not be sustainable. Three major domestic petroleum and petrochemical projects (SKS Development's RM 7.7 billion oil refinery in Kedah, Petronas' Methonal RM 2 billion plant in Labuan and Panca Intan's RM 1 billion petrochemical plant in Sabah) accounted for over 23% of the RM 46 billion in total investment approvals.  In addition, large domestic bio-diesel projects accounted for RM 6.1 billion, or over 13.2%, of total investment approvals.  [Comment.  If these volatile energy sector projects are excluded from both the 2005 and 2006 numbers, Malaysia's total investment approvals would have risen only 1.4% for 2006, not the 48% touted by Minister Rafidah.  Therefore, unless domestic companies continue to pump money into mega energy projects for 2007, it will be very difficult for Malaysia to sustain the high level of investment approvals seen last year.  End Comment]

6. (U) Another dark cloud for Malaysia in last year's numbers is that fact that total investment approvals in the high value-added electrical and electronics industries (which in Malaysia are dominated by American high tech companies such as Intel and Dell), shrank 27.5% decline in 2006 to RM 10 billion from RM 13.8 billion in 2005.  This, combined with Intel Corporation's recent decision to triple its investment for a new chip assembly and test facility in nearby Vietnam to USD 1 billion, could point to a gradual decline for investment in, or actual disinvestment from, Malaysia's highly prized ICT sector.

Now Show Me the Money

7. (U) The RM 46 billion in investment approvals does not refer to actual investments in Malaysia but rather projects that have been given the green light from the Malaysian Investment Development Authority (MIDA).  According to MIDA, actual investments will normally be committed in the coming one to three years following approval.  Of the 5,889 foreign projects approved by MIDA during the 2001-2006 period, 72.5% have commenced production while 21.8% are in various stages of planning and implementation and 5.6% have not gone forward at all.

"Ali Baba" and the Bumi Thieves

8. (U) Meanwhile, Prime Minister Abdullah Badawi expressed frustration and disappointment over findings from a recently released Ministry of Works report showing 85 percent of government contracts awarded to "Bumiputra" (ethnic Malays and indigenous Malaysian groups) contractors under Malaysia's affirmative action program end up being subcontracted to non-Bumiputra firms, a practice commonly referred to here as "Ali Baba".  "They (Bumiputra) do not want to work, do not want to learn, and give little importance to the opportunities provided by the government...This approach will only make us hope and wait for aid and subsidies. Such a mentality thrives among the people, including Bumiputra petty traders and contractors," he said.  Abdullah made the comments during a dinner speech on February 13th.

9. (U) In Malaysia, many government construction contracts are open only to Bumiputra owned businesses.  Although the rationale for the policy is to bolster the competitiveness of Bumiputra contractors vis-`-vis contractors of other races, in practice many of the Bumiputra firms (the "Ali" in "Ali Baba", typically Malay Muslims) immediately subcontract the work to non-Bumiputra contractors (the "Baba", typically ethnic Chinese - the term comes from "Baba-Nyonya", a reference to descendants of marriages between Straits Chinese men and Malay women), enabling the Bumiputra contractors to quickly pocket profits but preventing them from acquiring the experience and expertise the policy was intended to engender.   Abdullah said Ali Baba practices not only frustrated the GOM's policy aim of empowering Bumiputras but also undermined its broader Bumiputra agenda of ensuring Malaysia achieved progress and stability in the long term.

You Can't Trust Anyone Anymore

10. (SBU) A source from the Ministry of Works told EconFSN that their report, entitled "Study on Bumiputra Contractor Leakage", was the result of feedback from various industry sources on failed and successful projects.  The source said the study, which has not been released to the public, revealed that many Bumi contractors typically sold off their tenders for quick money, often to finance expensive cars and houses.  The report also found Bumiputra contractors had misused payments received from the government to pay off creditors and that they often sought additional government tenders prior to completing the ones already awarded to them.  The official said contractors were irresponsible and had abused the trust given to them by the government which was meant to help Bumiputras progress.

Blacklist the Really Bad Bumis

11. (SBU) Separately, executive chairman Moehamad Izat Emir of the Malay Entrepreneurs and Merchants Association said payment is the main issue facing the contractors.  He said that while Abdullah had directed the disbursing agency to pay the contractors within two weeks after completing the work, this often does not happen.  He proposed that Bumiputra contractors be trained to upgrade their skills and suggested government-linked companies (GLCs) be required to support these contractors.  Roslan Awang Chik of the Malay Contractors Association shared his view that "competency comes from exposure".  He is puzzled why many well-known and qualified Bumiputra contractors were not being awarded government contracts while several unknown ones were.  He suggested the government blacklist any contractors found to be selling their tenders.  "They can be considered traitors", he said.

Now Promise to be Good...

12. (U) In response to the controversy over the study, Ministry of Finance Secretary General Izzudin Dali announced on February 16 that under new regulations Bumiputra contractors seeking government tenders will soon be required to sign an official declaration promising not to sell or subcontract their tender to other races. Violators will have their contracts and registrations terminated. Izzudin added that under the new rules contractors undertaking public infrastructure contracts will now be awarded only one project at a time and that projects will be distributed evenly among contractors in the same area or district.

13.  The GOM's practice of giving preferential treatment to Bumiputra contractors began as part of its New Economic Policy, an ambitious and controversial affirmative action program launched in 1971 following the race riots of the late 1960s.  Although aimed at reducing the socioeconomic disparity between Malaysia's Chinese minority and its Malay majority, these policies have been only partially effective while often stirring resentment on the part of non-Bumiputra ethnic groups.  According to the GOM's last census in 2000, Malaysia ethnic composition is 65.1% Bumiputra, 26.0% Chinese and 7.7% Indian.

14.  (SBU) Comment.  The current system of awarding lucrative government contracts to bumis provides them with a strong economic incentive to simply act as agents, turning over as many projects as possible and taking a cut before handing each one off to a competent non-bumi implementer.  This "bumi agent" system is firmly entrenched in Malaysia.  Any effort to make reforms is likely to be resisted not only by well-established bumis, but also by the non-bumi implementers who have built up a network of well-oiled agent partnerships. End comment.

SHEAR

 

A Whiff of His Father’s Leadership

Posted: 18 Sep 2011 11:13 PM PDT

http://img194.imageshack.us/img194/3554/bakrimusa.jpg

M. Bakri Musa

As can be seen, a good policy is the best PR. Notice the favorable comments locally as well as in respected foreign media to Najib's latest initiative, and it did not cost the government a ringgit to get them! Focus on crafting enlightened policies, and the favorable publicity would ensue.

 

In announcing the repeal of the Internal Security Act and other repressive laws, Prime Minister Najib Razak secures for himself an enshrined spot in Malaysian history.

Of the many thoughtful comments on Najib's historic announcement, the one that struck at the heart of the issue was that by former Mufti of Perlis, Dr. Asri Zainul Abidin. He declared, "The ISA is an un-Islamic law. It infringes [upon] individual rights and can be easily misused by leaders, so repealing it was a very Islamic move." Amen!

"Najib's announcement," Asri continued, "is more valuable than any bonus payment or salary increase because repealing the ISA means the restoration of human rights … which is more valuable than money." That is putting things in their proper perspective.

I disagree however, with the Mufti's characterization of Najib's move as a "gift" to the people. When someone robs you of something and then returns it, that is no gift, merely restoring what is rightly yours. The ISA and other restrictive laws rob us of our precious possession, our freedom. That is Allah's gift to us, as enshrined in the Koran. It is not for mere mortals, no matter how exalted their earthly positions, to tamper.

Nonetheless I do hear the Mufti. Good Muslims ought to be grateful for their blessings, however small. I want to be a good Muslim, and Najib's announcement is a huge blessing, so I am very grateful. Alham dulillah! Praise be to Allah!

Missing the Islamic Visuals

Najib and his policymakers must have deliberated for some time. Perhaps it was not a coincidence that only a week earlier Najib's younger brother, the head of a GLC bank, intimated the need for Malaysia to change lest it risks a Middle East type of upheaval. Significantly, he made it at the Malaysia-China Trade Investment Conference, but more on China shortly.

Pursuing the religious theme, I was surprised that Najib and his advisors did not choose an occasion with some Islamic symbolism to make his momentous announcement.

Not that there was anything wrong with choosing Malaysia Day. However, we just completed Ramadan only a fortnight ago. Surely Najib had decided then. Imagine if he had announced it on Hari Raya, which also coincided (more or less) with Merdeka Day. What better way to demonstrate and acknowledge the special blessings of Ramadan and live its spirit, as well as fulfill the aspirations of merdeka – freedom! Ramadan is after all about remembrance and return – remembrance on the origin of Islam and return to its essence, in Eboo Patel's pithy phrase.

When Islam was revealed, it emancipated the Arabs from their Age of Jahiliyiah (ignorance); likewise, getting rid of the ISA would emancipate Malaysians, lifting us from our Age of Fear. As for the essence of Islam, our faith commands us to do good and forbid evil. Getting rid of ISA is getting rid of evil; it cannot be more Islamic than that!

Imagine the powerful symbolic impact globally had Najib made the announcement at the end of Ramadan, coming as it was only a few days before the tenth anniversary of the horrible 9-11, and with it the inevitable hysteria of Islamophobia. Imagine the good that would do to the cause as well as image of Islam! One Muslim country bravely discarding its antiquated repressive laws, and doing so not in response to mass demonstrations or civil disobediences but as a normal turn of events. The contrast with America's renewed commitment to its Patriot Act and the Guantanamo detention camp could not be starker.

Speaking of image, had I been the administration's public relations consultant, I would have arranged with the announcement a simultaneous release of some ISA prisoners. I would have alerted the news media so they could station their journalists and cameras outside the gate of Kamunting prison.

Imagine the stunning and symbolic visuals! While Najib was making his announcement, the prisoners would emerge one by one into the arms of their eagerly awaiting loved ones. If there were to be a mosque nearby, I would superimpose the call of Azzan to the visuals. I would also have the producer put on a split screen; on one side would be the Prime Minister making his solemn announcement; on the other, the prisoners with their families joyously celebrating their freedom, with the takbir (affirmation to the greatness of Allah) superimposed as the background soundtrack.

I cannot imagine a more powerful symbolism. Those tapes would also be great campaign materials!

The Najib Administration forks out tens of millions to foreign consultants in an effort to spruce up its image. Alas those "documentaries" that supposedly portrayed Malaysia in good light, as well as the many "interviews" Najib landed on the international media, all turned out to be unmitigated fiascos. Those "journalists" and "interviewers" were nothing more than hired hacks.

Yet when a rare and splendid opportunity arose as with the recent announcement, those highly paid public relations pros missed it! Perhaps that should not be a surprise. After all they are all foreigners and non-Muslims to boot; they could not possibly pick up on the Islamic nuances I alluded to earlier. However, their fumbling on the international stage where they are supposedly the experts cannot be readily excused. There is no justification for their lack of professionalism, if not downright unethical behaviors there.

As can be seen, a good policy is the best PR. Notice the favorable comments locally as well as in respected foreign media to Najib's latest initiative, and it did not cost the government a ringgit to get them! Focus on crafting enlightened policies, and the favorable publicity would ensue. Even if you do not get any, a good policy is reward in itself. Your people will be grateful for it.

A Whiff Of His Father

In committing to repeal the ISA, Najib did something no other prime ministers before him had dared even to contemplate. And Najib had some mighty impressive predecessors. In so doing, Najib also demonstrated a whiff of his late father's great leadership qualities.

The late Tun Razak did not hesitate to suspend parliament following the May 1969 race riots. Despite the howling protests at home and abroad, Razak was undeterred for he had a crucial job to do; restore peace and stability to a nation shocked by the horrors of that tragedy. And may Allah bless his soul, he accomplished his mission in short order.

To those who would belittle that achievement, let me remind them that the 1969 riot coincided with the flare ups of sectarian violence in Northern Ireland. While Malaysians have been enjoying peace for the past four decades, those folks in Northern Ireland are still busy settling their deadly scores.

To this day, Tun Razak remained unique in being the only leader in the world who grabbed power during a national emergency to pursue a much needed critical goal, and then willingly gave that power up once he completed his mission. No other leader could claim that. On the contrary, history is filled with leaders who had to be pushed or dragged out, or worse. Libya's Gaddafi and Syria's Assad are only the latest examples.

I am not concerned with how Najib arrived at his decision; I am focused only on the decision. There is no shortage of skeptics out there, and they are not without their reasons. After all Najib's flip-flopping rivals that of his immediate predecessor.

Even if those skeptics were to be proven right later, there would be no turning back. Najib has clearly declared his niat (intention) to repeal the ISA. In Islam, niat is what counts. We declare our niat before we pray, fast, give zakat or undertake the Hajj. If Najib fails to live up to his Nawaitu, then he has to answer not only to his Maker on the Day of Judgment but also more practically, to his political makers – the voters – right here on earth and now, as in the next election.

Najib's Nixon-in-China Moment

Najib's declaration last Wednesday reminded me of Nixon's pioneering 1972 trip to China. It took another seven years before America would send its first Ambassador to Beijing. Today, over 30 years later, we wondered why on earth it took America so long to recognize the obvious reality of this most populous nation. Regardless, America, China, and the world are now better for it.

Nixon basked on the glory of his China trip and went on to win a landslide for his second term. Alas that triumph proved short-lived, for he was soon forced out of his presidency in shame on matters unrelated to his China initiative. Nonetheless his trailblazing China moment retained its luster in an otherwise blemished legacy.

If Najib's Malaysia Day niat proves to be just that and nothing more, well, like Nixon, at least he will have that as his legacy, and only that. However, if it proves to be ikhlas (sincere) and only his first step, with many more courageous moves ahead, then greatness awaits him, as well as Malaysia.

 

Cik Siti Puan Rosmah

Posted: 18 Sep 2011 11:08 PM PDT

DARI JELEBU

Cik Siti Puan Rosmah ini adalah sahabat baik kita yang perlu kita sokong. 

Hishamuddin Rais 



nota:
sedang kyusuk dan terdudoq
waduk melikok likok
tandan umalok yang sikok
kok kok kok



CIK SITI PUAN ROSMAH

Kita baru sahaja berhari raya. Masa saya kecik-kecik dulu raya – kami kanak-kanak menganggap hari raya ini satu bulan. Dari lojik kanak-kanak kalau kita berpuasa sebulan maka berhari raya pun wajib satu bulan juga. Jadi, minggu ini saya harapkan kita semua masih lagi berhari raya. Lalu, dihari baik bulan baik ini biarlah saya meminta maaf dari para pembaca sekelian.

Saya meminta maaf ini bukan kerana saya buang tabiat. Atau saya dapat seru untuk memulakan perjalanan ke Mekah. Juga bukan kerana saya ternampak Hantu Kopek ketika main mercun pada malam raya dahulu. Saya minta maaf ini kerana saya telah membuat satu kesilapan yang amat besar. Memang besar kesilapan saya ini.

Ceritanya bagini : selama satu bulan – dibulan puasa – saya selalu mengidam hendak berbuka puasa dengan Rosmah berendam ...oopsss maaf dengan badak berendam sambil minum air tuak. Idaman saya ini gagal. Kerana kegagalan ini maka munculah kesedaran kepada saya bahawa selama ini saya telah silap kerana sebenarnya badak berendam...opps maaf ... sebenarnya Cik Siti Puan Rosmah Mansor bukan musuh. Kesilapan besar saya ialah menganggap Rosmah sebagai musuh. Ini silap yang betul betul silap.

Saya sedar - habis sahaja para pembaca membaca ayat diatas maka pastilah ramai yang akan menuduh bahawa saya telah belot. Atau saya telah dibeli. Atau saya telah bertaubat. Wahai pembaca yang budiman. Sabar dahulu biar saya terangkan kenapa saya tidak lagi menganggap Rosmah Mansor sebagai musuh.

Kesahnya bermula sebelum bulan puasa lagi. Saya mula mendengar cerita dari Haji Desas bin Lebai Desus. Dari hari ke minggu dari minggu ke bulan - cerita ini semakin kuat saya dengar. Mula-mulanya saya hanya terbaca dari laman dan blog yang terkenal sebagai laman fitnah dan tohmah. Tetapi bila saya lakukan kaji selidik maka saya dapati cerita dari Haji Desus ini bukan lagi desas desus tetapi telah menjadi fakta.

Mula-mula dahulu saya mendengar bahawa Munyiddin Yassin amat marah kepada Cik Siti Puan Rosmah kerana beberapa kali Rosmah Mansor telah mengambil tempat dan kedudukan resmi Muhyiddin dalam hal pembelajaran. Rosmah seakan-akan telah menjadi Menteri Pelajaran. Telinga saya sendiri telah mendengar dari tim Muhyiddin tentang bagaimana Muhyiddin menyinga marah terhadap Cik Siti Puan Rosmah.

Kemudian muncul pula berita tentang Cik Siti Pun Rosmah kita ini pergi ke Kazakhtan untuk meminang. Memang pelik - bak kata orang Melayu ini macam perigi mencari timba. Atau lebih tepat lagi macam lesong mencari antan. Ini bukan kerana anak perempuan Rosmah ini memiliki mulut seluas lubang lesong atau bakal menantu Rosmah ini memiliki anu sebesar antan. Ini tanda kehebatan pepatah Melayu – tepat lagi erotik

Semua kesah-kesah ini cuba memburukkan Rosmah Mansor. Tak cukup dengan kesah lubang mencari antan tetiba timbul pula kesah besan Rosmah ini rupa-rupanya ada kaitan dengan Marlon Brando oopps...salah... bukan dengan Godfather Itali tetapi dengan mafia Russia. Tidak diketahui bagaimana berita ini terbocor dalam akhbar Kompas – harian terbesar di Indonesia. Nampaknya kempen membenci Cik Siti Puan Rosmah ini telah menular ke seberang.

Kesah ini rupa-rupa tidak berhenti disini sahaja. Tup tup terbarai pula berita Cik Siti kita ini telah membeli sebentuk cincin berlian dari New York. Untuk saya berita cincin ini tak masuk akal. Cuba para pembaca renung dan fikirkan - munusabah kah Cik Puan kita yang berat badannya 143 kilo 75 gram ini mahu menambah setengah kilo lagi berat cincin ditangan? Mustahil.

Dengan melihat semua ini, saya mengambil rumusan bahawa telah wujud satu perancangan yang licik lagi rapi untuk memburuk-burukkan Rosmah Mansor. Telah ada ajenda yang tersusun untuk memastikan Rosmah kita ini tidak tidur lena. Semua berita dan kesah-kesah ini adalah gangguan yang menjadikan Rosmahr tidak nyenyak tidur. Apabila Cik Siti Puan Rosmah kurang tidur maka berat badannya akan menurun. Inilah strateji jahat puak puak ini. Apabila Rosmah kehilangan berat badan pastilah rakyat jelata satu Malaysia tidak dapat mengenal mukanya lagi. Anak-anak yatim piatu yang selalu berteduh dibawah dagu Rosmah akan mencari kopek yang baru untuk berteduh.

Kemudian - dua minggu sebelum berhari raya saya terbaca berita yang amat menakutkan. Berita ini melaporkan tentang bekas balaci Mahathir telah mula mengumpulkan satu pasokan politikus pencen untuk meminta Najib berundur. Kumpulan yang memanggil diri mereka Penawar Kaseh ini telah menerangkan bahawa salah satu dari kesilapan Najib Razak ialah Najib tidak ada keupayan untuk mengawal tingkah laku Rosmah Mansor.

Apabila saya kumpulkan semua berita dan kesah kesah ini maka barulah saya sedar bahawa Cik Siti Puan Rosmah ini bukan seorang musuh. Cik Siti Puan Rosmah ini adalah sahabat baik kita yang perlu kita sokong. Para pembaca yang budiman kita tidak harus terikut-ikut dengan politik semasa. Jangan sesekali terpengaruh dengan jalur pemikiran yang menuduh Cik Siti Puan Rosmah kita ini seorang Mak Janda yang menggunakan khidmat bomoh kerana gila kuasa. Kesah kesah Nasi Kang Kang yang mula tersebar luas dikalangan Mak Cik Felda itu adalah fitnah semata-mata. Saya sendri tahu bahawa Cik Siti Puan Rosmah tidak meminati Nasi Kang Kang. Cik Siti kita ini adakah peminat setia Nasi Dagang dan Nasi Kerabu.

Haji Desas bin Lebai Desus selalu bercerita tentang Rosmah Mansor ini adalah seorang Mak Janda Ligat sebelum berkahwin dengan Najib. Ini juga berita palsu. Ini berita fitnah yang cuba melukakan hati Cik Situ Puan Rosmah. Adalah fakta sejarah yang tidak boleh diubah-ubah bahawa ketika berkahwin dengan Najib dahulu Rosmah Mansor ini masih seorang anak dara. Istilah anak dara disini bermakna - 300 lelaki yang terawal itu tidak akan diambil kira.

Read more at: http://tukartiub.blogspot.com/2011/09/minta-maaf-satu-kesilapan-besar.html

 

Air Asia

Posted: 18 Sep 2011 11:04 PM PDT

By Lynne_c

On behalf of the passengers of Air Asia X flight D7 2686 from Kuala Lumpur to Incheon, Seoul on September 2, 2011, I would like to share our experience about a delay that cost us more than 10 hours and the shabby treatment that Air Asia extends to its paying customers.

The chronology of the events are as follows:

The flight, D7 2686 was initially supposed to take off at 11.00pm and reach Incheon at 6.00am the next day.

11.00pm - Captain of the flight announced a delay due to a route change which requires the plane to upload 2 tonnes of fuel. The reason given was non-approval from ATP for clearance from Ho Chi Minh to Taipei.
12.00 midnight - Captain announces another plan change, requiring the uplifting of 1 tonnes of fuel from the plane.
1.00am - The plane was waiting by the runway to take off when the Captain announced clearance from Taipei and said that he would decide in 2 or 3 minutes if he would repark the plane.
1.30am - Captain re-parked the plane at the terminal
1.50am - Passengers were told to disembark to T18 by the Captain
2.30am - After more than 3 hours stranded in the plane, the passengers were finally allowed to disembark to T18 where everyone rushed to the rest room or to purchase much needed food and drinks
3.30am - Cold croissant and cold mineral water were distributed to the passengers.
4.00am - Some of the Korean guests requested for blankets for their children. The passengers were told that the plane will take off by 5.00am
5.00am - A new announcement was made that the plane will take off by 7.30am
6.00am - Two of the passengers cancelled their tickets and left
7.00am - One of the Managers assured the passengers that the plane will take off by 7.30am. A second Manager then said that Air Asia could extend our flight to another day. But he could not qualify for food and accommodation.
7.30am - The passengers were asked to re-board the plane.
8.00am - The plane reversed out of the parking bay and was parked in another place in the middle of the airport with 2 ground crew still on board. The new crew sat in the front portion of the plane, behind the red curtain, laughing and joking
8.20am - One of the passengers, a Mr. Chew, got up from his seat to approach the crew to find out what was happening. He was told that there was no pilot and the new crew said that they had just arrived from Delhi and were only told to sit in to board us on the plane. Anoother crew member, a Mr. Narin Singh, openly said that there was no pilot and he was there to bring the plane to where it was currently parked (in the middle of the airport). When pressed for confirmation, he declined to comment. However, it was very clear that Air Asia had moved the airplane without a qualified pilot on board!
9.20am - The plane finally took off for Korea

The delaying tactics employed by Air Asia was obvious. On top of all that, the passengers were subjected to rude treatment and thuggish behaviour from the ground crew and staff of Air Asia. When a disagreement arose between two Korean ladies and the ground crew at approximately 5.30am, passenger Mr. Chew recorded the incident on his handphone, but he was subsequently threatened and browbeatened by the Air Asia security to delete the video or else his mobile phone would be confiscated.

To date, there has been no effort from Air Asia to reach out to its customers and at least make an attempt to compensate everyone for the ordeal they suffered at the hands of Air Asia. We have never received any official answer on the reason for the delay. From what we had found out verbally, someone in Air Asia forgot to ask for clearance through Taipei air space, which sparked off the whole fiasco.

I am writing this to you in the hopes that our experience on board Air Asia X flight D7 2686 will be shared with your readers. Was all these hassle and stress worth the price of a cheap ticket? My answer, and the answer of all my fellow passengers would be, a resounding No.

More than that, seeing how shabbily Air Asia treated its guests that night, how they verbally accosted the Korean passengers who were struggling to speak English, I can honestly say, I felt an emotion I had never felt in my lifetime - I was embarassed to be Malaysian because Air Asia is a Malaysian company.

Black Cat, White Cat - Both Catch The Mouse

Posted: 18 Sep 2011 10:00 PM PDT

By Masterwordsmith

Never mind whether it is a black cat or a white cat, just so long as it catches the mouse, so said Deng Xiao Peng when he led the biggest Socialist state in the world down the road of transformation to become the greatest Capitalist state in the world in a mere two decades which took others two centuries.

And did not Russia too go this route? It always starts as a fight for the oppressed. And the oppressed rises up and throws out the oppressor. Then the oppressed discovers that it is easy to talk when you are not in power but not that easy when you now hold the reins of power.

That was the déjà vu feeling I experienced when I read this article in The Sun where Barisan Nasional (BN) claimed the Penang Island Municipal Council (MPPP) has signed away an estimated RM488 million in exchange for the RM250 million Subterranean Penang International Convention and Exhibition Centre (SPICE) project.

Many Penangites may not be aware that the Concession Agreement for Build-Operate-Transfer (BOT) of sPICE, PISA indoor stadium and PISA Aquatic Centre was dated and signed on 19 Aug 2011 and sealed/stamped on 24th August 2011. Last week, the agreement was open for public viewing and information derived there and from The Sun has a few areas of concern. Apparently, few knew about the public viewing which required prior appointment and limited to only two hours - no cameras allowed. Why?

Article 2 of the agreement seems to indicate that the grant of concession rights and sale of hotel site that MPPP has to comply with appear to be lopsided in favour of the developer.

The CM and MPPP should explain why all assessment rates for the entire project site (sPICE, PISA, indoor stadium, Aquatic Centre, car park but not the hotel and retail outlets) shall be borne by MPPP during the concession period.

In the agreement, it is agreed that the Concessionaire shall have the right to apply and/or appeal to MPPP for waiver, exemption and/or reduction of quit rent AND assessment rates for the retail outlets.

Why allow this? Business entities should not be given such waivers as it would mean loss of state revenue and increase in profits to the Concessionaire!

The agreement gives the allowance for the developer to build an additional 1,500 residential units in any project, in any part of Penang, within the concession period of 30 years as one of the loss making decisions.

According to Datuk Teng Hock Nan at a recent press conference, such a move would cost MPPP an estimated RM450 million, as the the council could not impose development charges on the units, or control the built-up areas, and selling prices for the additional units. He said the RM450 million estimation was calculated based on land cost – 30% of RM1 million per unit.

A 1.25 hectare site, within the SPICE project site, where a five-star hotel is to be built, was undervalued and sold by the Penang state government at RM100psf (at a total RM13 million). Estimated value is between 200RM-300RM per square foot! This means that the MPPP could have incurred a loss of RM27million if the land was sold at market rates (calculations based on 300RM psf).

MPPP would also have to provide mature land to the developer to build 450 low-medium cost units as per the agreement. Mature land possess infrastructure like roads and utilities and who would provide the infrastructure and at whose expense?

The CM should explain the rationale behind the decision as to why MPPP unconditionally and irrevocably agrees to grant the Concessionaire and/or any of its Related Corporations the right to additional density of any development carried out by the Concessionaire within the island of Pulau Pinang over and above the maximum permissible density of the land, provided always that the total sum utilized and spread over all projects within the island does not exceed 1500 residential units. They must also explain why there shall be no development charges or built up area control or selling price control imposed by MPPP on any such additional density utilized.

How much will the developer profit at the expense of the state and the rakyat?

 

READ MORE HERE.

 

 

Scepticism over Malaysian PM's reform announcement

Posted: 18 Sep 2011 09:38 PM PDT

Kean Wong, Radio Australia

The civil rights reforms announced in Malaysia last week include not only repealing the notorious Internal Security Act, but also winding back the stiff licensing laws that have long controlled and censored the Malaysian media.

Some in Malaysia's mainstream media industry have praised Prime Minister Najib Razak's proposed removal of annual licensing for newspapers as heralding a "dawn of a new era".

But analysts remain sceptical about ushering in greater media freedoms, short of wholesale changes in the ownership of newspapers and television networks.

Reporter: Kean Wong
Speakers: Zaharom Nain, Nottingham University in Malaysia; Hata Wahari, former head of Malaysia's National Union of Journalists; Jahabar Sadiq, editor of Malaysian Insider 

READ MORE HERE

 

The triumph of civil society

Posted: 18 Sep 2011 08:44 PM PDT

ART HARUN

There is a moment I spent with the late Raja Aziz Addruse which will forever be etched in my memory.

It was one Sunday morning at Raju's PJ some years ago. I was telling him how jaded I felt at the state of  things here in Malaysia, particularly the state of our judiciary. I told him I was ready to leave legal practice because nothing seemed to have changed. All efforts put in by everyone whom I know did not seem to yield any positive result at all.

He looked at me intently. I will always remember what he said. Because what he said epitomised the man and his indomitable spirit.

"Don't stop knocking on the door even if nobody open the door for you. You have to keep on knocking. Who knows, one day, even if nobody opens it for you, it will crumble down."

That was what he said.

Civil society has worked and campaigned tirelessly for the abolishment of laws which allow detention without trial, most particularly the draconian Internal Security Act. NGOs such as SUARAM and HAKAM for example took it upon themselves to make it heard that the ISA must go lock stock and barrel.

Human rights advocates such as Malik Imtiaz, Harris Ibrahim, Edmund Bon and many others have almost dedicated all their free times towards campaigning against the ISA and various other archaic laws which transgress universal and fundamental liberties.

The ISA is not the only oppressive law which was the target of these activists. The Police Act, which requires any planned gathering of  3 or more persons to obtain a prior police permit was also another example of an oppressive law which makes a mockery of Malaysia as a modern democracy. The Restricted Residence Act and the Printing Presses and Publication Act are another group of laws which deny the basic liberty of the people.

To top it up, as I pointed out recently in this article, Malaysia is still under four states of emergency which have never been officially uplifted. It is the year 2011. That we are still technically in, not one, but four, state of emergencies – declared in 1964; 1966; 1969 and 1977 – make a mockery of our push for a developed state status by 2020.

The fact that we are under states of emergency is of course insignificant if we do not consider the legal effect of the emergency. Under the Federal Constitution, almost all our liberties could be held in "suspension" when our country is under a state of emergency. It follows that all emergency laws and all regulations emanating from them, such as the archaic and totally repressive Emergency Ordinance 1969, could be enforced with impunity.

The currency of the states or emergency is therefore a frightening weapon of the States against the liberty of all of us, the people.

One of the most disconcerting aspects of the ISA is the complete misunderstanding of the law, not only among the police officers, the people in the Home Ministry but also among some of our Judges, right in the High Courts as well as the highest Court of the land, the Federal Courts.

While arguing one of the ISA cases in the Federal Court about 2 years ago, I told the Federal Court that the ISA is a "preventive" law and not a "punitive" law. What that simply means is that the ISA – by its very nature and even by the very words used in it – is to be used to "prevent" a planned act or series of acts which may be detrimental to national security. Which means the act has not happened yet and the ISA is to be used to prevent that act from happening. That is why it is called a "preventive" law.

The ISA is not a law which is to be used to punish a person or a group of persons for having done or committed any act, even though the act threatens national security. It is not "punitive" in nature. This is in line with the fact that under our system of law, only the Courts can punish. The government cannot punish the people without going to the Courts first.

It is conceded that under Article 149 of the Federal Constitution, laws providing for detention without trial is permitted to be made by the Parliament. However, a close look at Article 149 would reveal that the law  providing for detention without trial which is permitted by that Article must be a law designed to "stop or prevent" any action which threatens national security.

It is clear that for such law to be constitutional under the Federal Constitutional, it must be preventive in nature and not punitive. I therefore told the Federal Court that the ISA was supposed to be preventive and not punitive.

To my complete and utter disbelief, the most senior of the 3 Judges who presided over the case disagreed with me. He said the ISA is punitive in nature. I was also later warned by another Judge in the same sitting (who had since died) to be "careful with what I submitted."

To be frank, I think it is the Courts and the Judges who ought to be careful with what they think and decide because really, it is the liberty of the people which they are deciding upon. In some circumstances, what they decide could affect the life of the people. To tell me to be careful with what I submit in an ISA case involving the liberty of our citizens is an act of judicial cowardice!

The abuses of the ISA and the Emergency Ordinance are well documented. Recently of course, we had the case of the Parti Sosialis Malaysia's members who were detained for more than a month under the EO for allegedly trying to wage war against the King by reintroducing communism to Malaysia! They were of course released after a huge outcry. Today I learn that all charges against them are to be withdrawn.

As for the various abuses of the ISA, one could just type the letters "ISA" in the search box of this blog and read about the litany of the abuses of the ISA. The most famous of all of course would be the detention of 106 people by Dr Mahathir under the infamous Operasi Lalang in 1987.

READ MORE HERE

 

Rhetoric versus substance

Posted: 18 Sep 2011 08:04 PM PDT

So what's with all these comments below? We are all fighting the same battle. We are all screaming for change. But while you scream for change, I am telling you what changes we should be pressing for. And we press both the current government plus those who want to offer themselves as the alternative to the current government.

NO HOLDS BARRED

Raja Petra Kamarudin

We say ABU (anything but Umno or asal bukan Umno).

We say we want change.

We say we need reforms.

We say: just repealing the ISA is not good enough -- we want to see more.

We say: kick out Barisan Nasional and replace it with a new government.

We say this, and we say that, and we say the other.

But what are we really saying? The devil is in the details. So where are the details? 

That, we do not say!

We know what we currently have is not good enough. We want something new. We want something different. We want something better.

But what is that we currently have which is not good or not good enough? What is it that we are looking for? What new things do we want? What do we want discarded and replaced? And what do we want to replace it with?

That, we do not say!

So I say it. I say what is wrong with what we currently have. I say what should be discarded and replaced. I say what it should be replaced with. And I said it my article called 'Can we look at this instead, a Bill of Rights?' and my earlier article called 'The cloak hides the man'.

Below are just some of the comments to my article 'Can we look at this instead, a Bill of Rights?'. And the comments are still rhetoric without substance or details.

We went through the same thing here in the UK recently. We said that more than a decade of Labour is enough. We no longer trust Labour and its policies, which are bankrupting the nation. Let us go for change. Let us vote in a new government.

So we voted out Labour. Then we got a new government: a coalition between the Conservatives and Lib Dem.

But we did not get the change we desired. They never delivered what they promised. In some instances, things actually got worse rather than better. Now we are talking about voting Labour back in come the next election. And in the few by-elections since, like in my hometown Manchester recently, we actually voted for the Labour candidate.

That is because we just wanted ABL (anything but Labour or asal bukan Labour). But we did not talk about what is wrong with Labour, only that we don't want Labour anymore because they were bankrupting the nation. Now we find that the new government cannot do any better than Labour could. 

And that is what we will experience in Malaysia if we are not careful.

Anything but Umno. Asal bukan Umno. As long as not Umno, never mind whether we actually do see change with the new government.

No, this is not just about kicking out the current government and replacing it with a new government. This is about ensuring that we see change. And we need to know what changes we are talking about. And whoever wants to form the government, post-13th GE, will need to know what we have in mind.

And that is why I proposed the Bill of Rights.

So, some of what we propose may need an amendment to the Constitution. So, some of what we propose may need the introduction of new laws -- which the Constitution may actually provide for without any amendments required. So, some of what we propose may need the abolishing of existing laws.

So what? So be it!

Whatever it may be, FFF. No, I am not swearing. FFF means Form Follows Function. We shape the Constitution and our laws according to the function we wish for it to perform. And what we want it to perform is to satisfy our Bill of Rights.

So what's with all these comments below? We are all fighting the same battle. We are all screaming for change. But while you scream for change, I am telling you what changes we should be pressing for. And we press both the current government plus those who want to offer themselves as the alternative to the current government.

We do not want, like in the UK, to kick out Labour and get a new government that can't seem to do better than Labour, and now talk about voting Labour back in come the next election. (By the way, I am a Lib Dem member, the party that is now the government).

***************************

RPK, don't get so touchy lah. I don't speak for the others but the reason why I say it can't be done is because a Bill of Rights will contravene what the Malaysian Constitution dictates. To introduce such a Bill into law, we must first look at amending the Malaysian Constitution and that will be extremely difficult, not impossible but improbable at this juncture of time. Why not take it one step at a time and start to push for an amendment of the Constitution first? -- Hakim Joe

****************************

Dear Pete, don't have the heart to burst your balloon of hope but I think if we adopt your enthusiasm we will be very disappointed.

Let me out it like this:

B4 the baby can walk you are teaching him how to run.

Of course we must encourage the baby when he trying to walk. 

Problem is it may not be a baby but a snake in baby clothes and how to teach a snake to walk?

A snake just crawl and slither, but just can't walk.

Or how to teach a crab to walk straight?

Sorry I am too pessimistic because we have been short-changed for far too long and I think you are jumping the gun, though it is definitely a good suggestion and good ideals to strive for.

(Or maybe you live so long overseas you are breathing in more democratic and unpolluted air that helps your optimism.)

I will just do my best and vote for change which will hopefully come with the above package. -- Always Fair

*****************************

Come on RPK, please read through my comments here:

What makes u think I don't agree with the Bill of Rights?

Yes, I agree with it wholeheartedly and believe it to be great!!

Yes, please tell us how it's going to be implemented!! -- educationist

******************************

There is no bill of rights under Ameno administration! Only one that i knew from hey days is I do as i like and please! Ameno's favourite law all time being used whenever they like and please! So no point of talking of bills of rights under ameno rule! -- Pegasus

*******************************

As I see it, you can have all the best legislation in the world with noble intentions but as long as there is complacency, corruption and abuse of power among politician there will not be change. To change the attitude of politicians the people must be prepared to vote out corrupt and abusive elected officials. So, to bring about speedy change, people must vote out the BN government. Please do not get carried away by BN's promises of legislative reform. Reform will only come when voters reform themselves. -- Raja Chulan

*******************************

I am 100% sure Najib will not accede to RPK's proposals. To do so he has to dismantle the institutionalised ethnic discriminating policies (NEP) so that all rakyats have equal rights.

Islam also forbids muslims from renouncing their faith in favour of other religious beliefs. So where's the freedom of religion, belief and opinion?

I think RPK is asking or expecting too much of Najib. -- Hanuman

 

No evidence ‘Male Y’ DNA came from sperm cells, sodomy trial told

Posted: 18 Sep 2011 07:10 PM PDT

(The Malaysian Insider) - An Australian DNA expert said today there is no evidence to show that DNA profiles obtained from "Male Y" in Datuk Seri Anwar Ibrahim's sodomy trial came from sperm cells.

Dr Brian McDonald, a defence witness in the high-profile trial, went so far to suggest that the prosecution had no proof whatsoever to the type of cells the DNA profiles were taken from.

He also challenged laboratory findings done by government chemists Dr Seah Lay Hong and Dr Nor Aidora Saedon, and pointed out the possibility of contamination in the samples taken and tested by chemists, which he claimed had been ignored by them.

"There is no evidence presented which allows the prosecution to draw that conclusion," said Dr McDonald when asked by defence lawyer Ramkarpal Singh whether the prosecution had proven that DNA profiles taken from Male Y came from sperm cells.

"We don't know what cell types the samples were taken from," he said.

Dr McDonald said previously that DNA profiles in three sperm samples taken from the complainant Mohd Saiful Bukhari Azlan's rectum showed "no evidence of degradation".

He had told the High Court that the DNA profile in one high rectal sample was pre-dominantly from "Male Y", another was pre-dominantly Saiful's, and the third — from the low rectal area — was inconclusive.

Dr Nor Aidora testified last February that the "Male Y" DNA profile matched those found on a "Good Morning" towel given to Anwar during his overnight detention in a lock-up three years ago, when he was arrested for allegedly sodomising Saiful.

The focus today was on the B9 cotton swab from the high rectal area retrieved from Mohd Saiful Bukhari Azlan's rectum and the white towel retrieved from Anwar's cell when he was detained overnight.

Dr McDonald also said that Dr Seah and Dr Nor Aidora had ignored findings that suggested the presence of a third DNA sample.

READ MORE HERE

 

That bold speech on that historic day

Posted: 18 Sep 2011 06:57 PM PDT

SAKMONGKOL AK47

I am a little late to write on the historic speech of the PM. Really I wanted to offer words of encouragement and support. I am tired to continue criticizing the PM who is after all my ketua bahagian. I was thinking, support and congratulations are in order  because the media, led by the overzealous Minister of Information, have led  the public to believe that some real goodies are in order; and after that, the public will offer effusive joyousness in response.

They will, I think if the subject matter that is going to be announced affects them directly and immediately in a positive way. The response from the public will be lukewarm if the subject matter affects them indirectly and inconsequentially. Let us judge the administration on this score.

All week, the public was thinking that PM will announce some measures to be taken by the government that will in substance, increase the efficiency of governance and government. In the end, those measures will translate into immediate increase in disposable income. What possible form can such measures take place? Maybe:- (1) Restructuring the GLCs including Khazanah so that they won't become governments unto themselves. Now that 15000 employees of MAS have threatened industrial action, that shows Khazanah has been doing some cloak and dagger corporate moves. (2) Replacing laggard key government officials with those with abilities (3) removal of structural impediments to transparency and accountability such as removing OSA. (4) Shaking up the institutions that deliver justice and the law such as the police and the judiciary (5) announce stronger measures on corruption including the conviction of the big guns.

Further, things like direct transfer of money (oil money) to the public like what the Singapore government did during its recent general elections. Those states making mountains of money from petroleum royalties distributing money to citizens of the state; Felda Corporation which made lots of money giving out money to Felda settlers, etc., that would be the real goodies that would certainly induce the recipients to jump up in uncontrollable euphoria while proclaiming Najib - you are da man!

We certainly need some substantive liberty enhancing policies from the current administration that would differentiate the Najib administration positively from previous ones.  By liberty enhancing policies, I mean policies that reduce dependency on the government.

There are some economic pressures which the government needs to address that have political ramifications. Inflationary pressures that cause the price of essential goods to rise make people more dependent on the government. More people in the rural areas will depend on the welfare department for assistance and when given, obliges them to be loyal to the benefactor. So what does a desperate government do? Maybe even condone the price increase. We are happy to note the administration is doing everything possible to contain the inflationary pressures.

Maybe the scrapping off of the 50 over Billion MRT into improved transport system that is more public friendly, maybe the setting of a ceiling price for houses in the city so that lower income and middle income earners can work and stay in the city. Instead they have to look for houses in the outskirts of town while the city is reserved for the selects. Or maybe some form of a Buffet tax on the superrich. Or maybe the dismantling of Khazanah and all shares transferred to Amanah Saham Nasional or ASB.

Compared to the announcement involving the ISA and the Printing and Presses Act, government actions on those would be more impactful. But isn't prosperity predicated on the removal of shackles and chains that perpetuate un-freedom? I am using the term un-freedom to define freedom and liberty as a state of being free from the arbitrary force and coercion of others. Yes it does- but the emancipation potential arising from the more down to earth policies could achieve the desired effects of freedom and liberty much more and faster.

The ululating responses would of course make the Minister of Information look good and perhaps ensure one last hurrah as a cabinet member? It would be unfair for me to harbor misgivings aforethought.

The desired responses were forthcoming. Everywhere PM Najib was declared a revolutionary and a bold PM. Rais Yatim must be beaming like a Cheshire cat.  PM Najib is really Optimus Prime- the chief transformer. I have forgotten the never ending list of acronyms. Maybe the APCO people can issue a definitive list signed by Idris Jala of course.

After the speech and announcement, the euphoria was I think premature. The subject of his bold and revolutionary steps to enhance governance and credibility of his administration are the ISA ad the Printing and Presses Act. Important as they are, I think their impact on governance enhancement and thereafter productivity is outstretched and indirect. The good intent of abolishing the ISA appears to be blunted by the forewarning that 2 new acts will replace the ISA. A person arbitrarily defined as a terrorist can still be detained without trial in open court. The empowering act of Article 149, the fountain from which springs ISA like enactments is till there and remains the overarching enabling repressive act.

I was thinking of some announcement on measures to improve the quality of civil servants, or some measures assuring the best of civil servants that their effort will be well compensated, or the removal of bureaucratic clogs that prevent transparency, accountability and so forth. Perhaps, if there is full public disclosure we can once and for all determine for example, whether Bangladeshi workers are given citizenship to vote in the coming general elections. Perhaps also, if there is full disclosure instead of OSA, then we can resolve the double speak by the election commission that the final list of voters are with them and that what the public are looking at are outdated voter registers. Why would the updated and current list be withheld from public knowledge? I wouldn't want the Bangladeshi pump attendant to have the same voting rights as I do. How the elections commission can with impunity insult our intelligence by claiming the latest voters lists are meant for internal circulation is beyond any measure of decency!

I was thinking maybe the removal of the OSA - more insidious than the ISA which prevents any public spirited citizen of this country from discovering the rationale of many government decisions on tender awards, on selection process and so on.

Now THAT, I thought would have more far reaching impact on the voters.

READ MORE HERE

 

I will not respond

Posted: 18 Sep 2011 06:37 PM PDT

It has always been the 'benchmark' that a leader who does not respond to an allegation is an indication of guilt. This is most unfortunate because a person must be assumed innocent unless and until proven guilty. But in politics, and in the court of public opinion, a person is assumed guilty unless proven innocent. This is the same argument I have used many times against Najib with regards to the allegation of his involvement in the Altantuya case.

NO HOLDS BARRED

Raja Petra Kamarudin

Sex in the oval office: Clinton will not respond

I am President of the United States, and there is no writ that runs against me other than a summons by Bill of Impeachment from the House.

I will not respond to the Paula Jones suit until I have left office; if that results in a default judgment against me, so be it. I will not respond to a summons from a Grand Jury. I will not respond to a summons from a Special Prosecutor.

Mr. Starr may question my staff, who are after all officers of the United States; but I am the Chief Executive and head of the Executive Branch, and thus equal to the Judiciary and the Congress.

The Constitution provides a mechanism for calling to account a duly elected President. It is call impeachment. If that is the will of the House, so be it. Until then, direct your inquiries elsewhere since I will not respond.

************************************

Photo with Altantuya: Najib will not respond

(Malaysiakini) - Deputy Premier Najib Abdul Razak would not be responding to alleged claims that he was pictured seating on the same table as murdered Mongolian woman Altantuya Shariibuu.

His press secretary Tengku Sarifuddin Tengku Ahmad said Najib would not issue any new statement on the claims by Burmaa Oyunchimeg, 26, during the ongoing murder trial of her counsin Altantuya.

"I wish to make it clear that the deputy prime minister had on several occasions when interviewed by the media previously and during the Ijok by-election had said that he had never met and known Altantuya and was not involved in the case."

"As such, the issue over the picture does not arise," Tengku Sarifuddin told Bernama today.

The picture in question was raised by Burmaa, who claimed that Altantuya had once shown her a photograph of the deceased together with Abdul Razak Baginda, one of the accused in the trial, along with one government official known only as "Najib Razak". 

**************************************

New video with Eskay: Anwar will not respond

(Malaysiakini) - Opposition Leader Anwar Ibrahim has refused to comment on allegations by an Umno-friendly blogger that he has further video evidence to implicate the PKR supremo in a sex scandal.

Anwar, who looked calm when answering journalists, said he would not entertain such questions.

"Any issues regarding morality, alcohol, gambling, vice, cruelty, slander or saying (about) a bad character of a person I will not entertain, and refuse to answer," he said.

Later Anwar clarified to Malaysiakini that it is not that issues of morality are not important.

"Is it proper for those involved in corruption, murder, or consume alcohol to make such accusations and talk about morality?" he asked.

At his side was his wife and PKR president, Dr Wan Azizah Wan Ismail.

 

Kedah Pakatan deadlocked in seats talks

Posted: 18 Sep 2011 05:10 PM PDT

The uncompromising attitude of the top guns forces opposition supremo Anwar Ibrahim to announce that the national leadership council would now deliberate on the allocation of seats.

(Free Malaysia Today) - Things are looking bleak for Kedah Pakatan Rakyat after discussions on the 36 seats allocation among its three partners for the next general election reached a deadlock.

Rocked by the ill-health of Menteri Besar Azizan Abdul Razak, which led to speculations of a stand-in leader, the alliance is now treading on thin ice because of uncompromising leaders.

Although the power of incumbency would likely give Pakatan an advantage over Barisan Nasional if the PAS-led state government agrees to dissolve the State Legislative Assembly and call for a state election, several Kedah leaders, it seems, are not on the same page.

Even the presence of Opposition Leader Anwar Ibrahim yesterday failed to dissuade state Pakatan leaders to strike a compromise.

An insider privy to the discussions said: "We have yet to touch on the sensitive aspects of who would be our candidates and we are stuck about which party should contest where.

"We must move away from these protracted disagreements since an election is looming," the insider added, who preferred to remain anonymous.

He also said that Anwar was visibly upset when he was informed about the lack of progress in the state-level discussions.

"Kedah Pakatan must get its act together as there are many cliques around Azizan who is seen to be more of a polarising figure rather than an accommodative one," said the insider.

Anwar, who later held a press conference, said that Pakatan's national leadership council would now deliberate seats allocation in Kedah since its leaders cannot reach an outcome.

It is learnt that the main contentious issue is the demand by DAP for more seats while PAS is unwilling to sacrifice some of its seats to PKR as it regards itself as the dominant party here.

"Both parties (PKR and DAP) gave their reasons for wanting the seats," Anwar said, before his surprising announcement that the final decision on seats allocation would only be formally announced once the general election is called for.

DAP pushing for more seats

Among the several contentious issues in the state is the question of whether PAS would endorse Azizan as the man to lead Pakatan since there are concerns about his failing health.

There is also the trust factor among the three parties after four PKR leaders defected and also consolidating its territories in Kedah's southern part (Kulim and Sungai Petani), where there is resentment towards Pakatan due to a lack of macro-economic activities there.

There is also the lack of a two-thirds majority in Kedah, as out of the 36 state seats here, Pakatan only has 20, BN 14 and there are two Independents in Lunas and Bakar Arang state seats respectively.

READ MORE HERE

 

Najib enggan akui kesilapan - Pak Samad

Posted: 18 Sep 2011 04:08 PM PDT

(Harakah Daily) - Sasterawan Negara, Datuk A. Samad Said mempersenda pengumuman Perdana Menteri, Datuk Seri Najib Razak untuk memansuhkan Akta Keselamatan Dalam Negeri (ISA) yang disifatkan sebagai "tidak mengakui kesilapan kerajaannya".

A. Samad yang juga dikenali sebagai Pak Samad berkata, amat malang apabila BN khususnya Najib masih enggan mengakui bahawa pengumuman pemansuhan itu hasil desakan rakyat khususnya anak muda yang mahukan perubahan demokrasi.

"Selama 54 tahun mereka tak terfikirkan pun ISA itu harus dikikis. Tiba-tiba sahaja mendapat ilham, dan tidak mengakui bahawa ini adalah desakan daripada kelompok antaranya anak muda bahawa kita sudah tidak tertahan lagi.

"Perdana Menteri pun dua tiga hari ini mengumumkan...oh, kami...kami sahaja yang meluruhkan ISA tapi tidak diceritakan kerana desakan-desakan itulah yang mendorongnya untuk merubah. Kalau tidak ada desakan-desakan itu, saya tidak fikir (ISA dimansuhkan) kerana itu adalah alat yang sangat bermanfaat untuk menekan (rakyat)," katanya.

Beliau berkata demikian sewaktu berucap merasmikan pelancaran buku Puisi Jadi Senjata yang memuatkan himpunan sajak anak muda sookoong A. Samad Said dan Bersih 2.0 di Dewan Annex, Central Market, dekat sini, semalam.

Pak Samad yang merupakan antara pemimpin Gabungan Pilihan Raya Bersih dan Adil (Bersih 2.0) menghadap Sultan Mizan untuk merundingkan Himpunan Bersih 2.0, 9 Julai lalu juga tidak menafikan puisi anak muda ini turut mempengaruhi tindakan Najib.

"Apa yang dilakukan ini sebenarnya satu keberanian, satu pernyataan yang akhirnya antalogi ini masuk dalam arus massa Perdana Menteri untuk mengumumkan penghakisan ISA.

"Itu saya fikir satu kemenangan yang baik, dan tentunya Perdana Menteri tidak akan mengakui itu. Tapi mahu tidak mahu, ini adalah satu jalur yang menggerakkan dan kemudian menjadi sungai yang besar mengasak, dan itulah yang berlaku," katanya di hadapan kira-kira seratus hadirin, majoritinya golongan muda.

Seni senjata anak muda

Menyifatkan seni khususnya puisi sebagai 'senjata' berkesan untuk menyedarkan pemerintah, Pak Samad mahu antalogi ini disebarluaskan ke serata negeri untuk menyampaikan maklumat kepada masyarakat.

"Saya mengharapkan bahawa puisi ini tidak hanya bergerak di Kuala Lumpur,  tetapi tentunya ada teman lain di Negeri Sembilan, Johor, Pahang, Perak,  Kedah dan Pulau Pinang.

"Walaupun dalam bentuk kecil-kecilan, pergerakan menyatakan bahawa seni itu senjata sangat penting.

Sambil menyatakan rasa bangga terhadap usaha anak muda menerbitkan antalogi ini, Pak Samad berkata suara anak muda yang diterjemahkan melalui seni mampu merubah keadaan negara berbanding orang tua yang sudah selesa dengan kedudukan mereka.

"Yang sudah-sudah orang mengatakan seni itu hiburan sahaja, main-mainan sahaja. Tapi di tangan anak-anak muda, puisi menjadi senjata.Saya amat berbangga

"Saya sangat yakin hanya suara anak muda sahaja akan merubah. Orang tua ia sudah bersikap, maksudnya dia tidak mahu diganggu. Tapi yang benar sekarang ini ialah dunia anak muda. Bukan dunia saya lagi," katanya.

Beliau turut mengingatkan anak muda agar tidak terus membiarkan kuasa zalim terus membelenggu rakyat namun harus menghapuskannya melalui undi dalam pilihan raya akan datang.

"Saya harap suara muda ini membenihkan suatu keazaman untuk regim change. Kalau tidak, bermakna andalah yang membenarkan suatu kuasa itu berterusan dan jangan salahkan orang-orang tua, salahkan diri anda sendiri.

"Saya mengharapkan anak muda tidak hanya menggunakan sajak sebagai senjata tapi menggunakan undi juga sebagai senjata yang sangat bermanfaat," pesan beliau yang mula menjadi ikon anak muda sejak lantang menyuarakan bantahan terhadap sikap kerajaan BN melalui karya dan turut turun ke jalanan berdemonstrasi.

 

Zaid’s apple-polishing act upsets Kita

Posted: 18 Sep 2011 03:58 PM PDT

Zaid's apology to Najib has been viewed within his own party as a big mistake and also questions the party's the third force stance.

(Free Malaysia Today) - The public apology by Kita chief, Zaid Ibrahim, to Prime Minister, Najib Tun Razak, over the latter's decision to abolish of the Internal Security Act (ISA) has distressed the party's state leadership.

On the eve of Malaysia Day, Najib announced that the ISA would be repealed, three emergency proclamations would be lifted and the Printing Presses and Publications Act (PPA) would be reviewed.

The next day Zaid apologised to Najib for the "gross mistake" of underestimating his will to abolish the ISA as well as hailed him as a "worthy prime minister".

But Kita state chiefs were dismayed by what they viewed as an act of irrelevant apple-polishing that could call the party's allegiance and neutrality into question.

Negri Sembilan state chief, R Sri Sanjeevan, bluntly said that Zaid's apology has stripped him of self-respect and dignity.

"Zaid should have issued a supportive statement instead of an apology," he said. "Now not only has he lost his dignity but also displayed disrespect for the party."

"We joined Kita because we were told that it wasn't inclined to either BN or Pakatan. Zaid's statement has thrown that into doubt and the grassroots have interpreted it as his attempt to get into Najib's good books for an ulterior motive."

Penang state chief and Nibong Tebal MP, Tan Tee Beng, said that Zaid had never called for a meeting with the central and state leadership prior to making this statement which he believed should have been of a congratulatory nature rather than an apologetic one.

"There is a very strong possibility that it will be misinterpreted," he said. "We are trying to portray a third force and the people could accuse Zaid of taking on a pro-BN role now."

READ MORE HERE

 

ISA, Don’t Count Your Chickens Before They’re Hatched

Posted: 18 Sep 2011 03:53 PM PDT

FINANCE TWITTER

In what seems to be one of the most dramatized acts by Malaysian Prime Minister Najib Razak to swing middle-class voters in the coming general election into his camp, the premier raise some eyebrows when he announced that the cruel 1960 ISA (Internal Security Act)  and Emergency Ordinance, of which allow for indefinite detention without trial, would be repealed (*yawn*). However both would be replaced by two "new" laws supposedly against suspected militants. Obviously this is another rebranding exercise hoping to swing less intelligent voters from the opposition camps.

Heck, the sudden announcement caught many by surprise, even by huge crowds within the opposition. Hence one has to admit the latest move by PM Najib deserves some compliments – it was one hell of a good political advertising, tactical speaking. The opposition parties were in total chaos on how to react to such a brilliant political move by the ruling government. If PM Najib were to announce such move on the same day as budget day next month, he's almost guaranteed of the lost two-third majority. Hold on a second! Didn't Najib promised political and economic reforms in 2008 but the people have yet to see or at least feel the substance?

You really need a Einstein to explain why in the world would the ruling government abolish both laws, which had help the present government in suppressing and oppressing peoples' basic freedom rights, particularly the opposition, for as long as one can remember. On the surface, it seems Najib administration has finally admitted something needs to be done in relation to the recent Bersih 2.0′s brutal crackdown. At least Najib recognizes the potential loss of more than 200,000 votes from the young generation, if the number of Facebookers asking for his resignation is anything to go by.

READ MORE HERE

 

Forget ISA abolition, zero-in on electoral reform

Posted: 18 Sep 2011 03:36 PM PDT

Article 149, which is meant for national security, is the mother of repressive laws, as it enables parliament to brush aside fundamental human rights guaranteed under Part 2 of the Constitution to enact laws that grant the Executive sweeping power that includes detention without trial. The human rights so affected include those enshrined under Article 5 (life and liberty), Article 9 (freedom of movement), Article 10 (freedom of speech and assembly), etc.

By Kim Quek

Prime Minister Najib Razak's stunning announcement of his intention to repeal the abominable Internal Security Act (ISA) as well as the three archaic Proclamations of Emergency has brought much excitement to a country long struggling to rid itself of repressive rule.

Najib said in a much anticipated speech delivered on the "historic night" of Sept 15 (as he himself described) that the lifting of these repressive legislations was meant to meet the "aspiration of the people for a more open and dynamic democracy, …..so as to be at par with other democratic systems in the world".

The immediate emotional impact of such a momentous announcement must be one of exhilaration and euphoria for many – we are now finally on the path to regain our long lost democracy!

But are we?

OLD WINE IN NEW BOTTLE?

In the same breath as Najib announced the good news, he said new legislations will be enacted – an anti-terrorism act and a public order law - under the umbrella of Article 149 of the Federal Constitution to combat subversives and organized violence, so as to preserve public order and security.

But isn't this the same umbrella Article 149 that gave birth to the detestable ISA?

Article 149, which is meant for national security, is the mother of repressive laws, as it enables parliament to brush aside fundamental human rights guaranteed under Part 2 of the Constitution to enact laws that grant the Executive sweeping power that includes detention without trial. The human rights so affected include those enshrined under Article 5 (life and liberty), Article 9 (freedom of movement), Article 10 (freedom of speech and assembly), etc.

Article 149 was written in such a way that it virtually gives the dominant party in parliament  a blank cheque to write whatever autocratic law whenever it desires, as the grounds upon which such law can be enacted encompass a wide range of vague justifications – grounds such as any actual or threatened action that may cause citizens to fear organized violence, or to excite disaffection against government, or to promote ill-will among races, or prejudice the functioning of public service or supply, etc.  

With such licence to create autocratic legislations, can Umno resist the temptation to fashion the new anti-terrorist laws after its repressive impulse for self-preservation? Considering Umno's notorious record of contempt for the sanctity of law, as reflected in its cavalier attitude in amending the Constitution for political expediency – having made more than 600 amendments to the Constitution in the short period of the country's independence – the answer must be an emphatic no.

NO CHANCE OF FAIR IMPLEMENTATION

Even in the unlikely event of Umno managing exceptionally to enact the replacement security laws in accord with the democratic spirit of our Constitution on this occasion, there is still the huge question of whether Umno is capable of implementing these laws with fairness and equity.

In this respect, we recall that when the ISA was enacted in 1960, our first prime minister Tunku Abdul Rahman gave the solemn pledge in parliament that the vast power of ISA would only be used to curb the communist insurgency, and would never be used to suppress political opposition. 

But we all know that the ISA detention center at Kamunting has played host to such distinguished "guests" (detainees) as Anwar Ibrahim, Lim Kit Siang, Mat Sabu, Karpal Singh, Lim Guan Eng (among thousands of others). Does anyone in his right mind believe that any of them could have been a communist or a subversive?

It is an undeniable fact that the history of ISA is a mirror of the relentless abuse of draconian power by the Umno led regime to oppress opponents and silence critics. Instead of using the ISA as a weapon to combat the communists as pledged, ISA has been turned into Umno's potent instrument to keep its hegemony intact all these decades.

Umno is now facing unprecedented challenge to its political survival. Are we to believe that it will give up this potent weapon at this most vulnerable moment of its existence?

What Najib is effectively tellings us is that the anti-communist law (ISA) will now be replaced by anti-terrorist law. 

Since both laws derive from the same root (Article 149), have the same power of preventive detention, exercised by the same political masters, and implemented by the same institutions (police, attorney general and judiciary), which now enjoy even less public confidence than in the past, why should one believe that history will not repeat itself? 

If an anti-communist law has been persistently and unhesitatingly abused to blunt opposition challenges in the past, why should we believe that the new anti-terrorist law will not be similarly abused now that Umno is struggling desperately for its political survival?

GENUINE REFORM UNLIKELY

Even if Najib is serious about these changes this time, as he may have been persuaded to adopt this course as the best way to recoup the middle ground support he lost in the recent Bersih rally debacle, obstacles ahead abound.

For a start, Najib appears to have acted in isolation, as two key players seem to have been left out of the loop. Neither his deputy Muhyiddin Yassin nor Home Minister Hishamuddin Hussein – and by extension, the cabinet – seem to have participated in the decision-making process.

The hardliner Home Minister, who is responsible for implementing the security laws, expressed ignorance, when reporters asked him about rumours of a pending repeal of ISA only two days before Najib's speech.

While Muhyiddin, speaking at a Merdeka-Raya event in Nibong Tebal, Penang on Sept 17, said that Najib's announcement was "unexpected and radical", but he quickly added that Najib's speech was "bold and courageous". He went on to praise Najib for moving with the time and assured the people that the changes were meant for the good of the people.

Such expressions of "surprise" and "praise", coming after keeping mum for two days, give a lot of food for thought.

A reasonable interpretation is that the staunchly conservative and increasingly more powerful deputy leader of Umno cum deputy prime minister was not happy with such a "radical" move, but pragmatism dictates that he must not show it.  Instead, he must have decided over the two days of contemplation to turn an apparently unhappy  event into advantage by riding on this new wave of "democratic reform" to reap maximum support at home and abroad, without the slightest intention to let go of Umno's repressive grip. After all, there is still ample opportunity to keep Umno's draconian power intact during the legislative as well as the implementation stage.

Indeed that seems to be the case, as unmistakably signaled by Muhyiddin when he pointed out that the new security laws will prioritize security over human rights, when answering query whether there would be true reforms with the introduction of two new security laws.

Without the prior consultation and support of Umno's top guns for genuine reforms, and with Najib's miserable record of flip-flops whenever opposed by conservatives, it is almost a foregone conclusion that there will not be true reforms whether there is or isn't repeal of current repressive legislation.

ELECTORAL REFORM TOP PRIORITY

The real danger to true reformists lies in the false propaganda that can be generated from this new development, considering the immense power of BN's propaganda machinery, which encompasses all newspapers and all TV channels. 

Among the casualties of such false propaganda would be the Bersih 2.0 movement for electoral reform, as euphoria so created may deflate the immense momentum generated by the recent Bersih rally.  It may even cripple Bersih's capacity to rally another mass demonstration, if substantial section of the middle ground is doped into cherishing such false hope of democratization.

And Bersih rally 3 looks inevitable, in the light of alarming increase of discovery of frauds in the electoral roll, against the back drop of a reluctant BN to institute real reform. 

This new menace of apparently systemic infestation of phantom voters in the electoral roll, unless effectively checked now, can snowball into something like 'Project M' (M stands for Mahathir) which had singularly propelled Umno to political dominance in Sabah in the Nineties.

We are therefore landed in the dire state of having to face new trouble spots while resolution of old issues is not in sight yet.

It is therefore imperative that we redouble our effort to press for swift and effective measures to rectify the current electoral flaws, and not allow ourselves to be unnecessarily distracted by Najib's new initiative over democratization.

Top priority must always be electoral reform, as it holds the key to a fair chance of winning the right to administer the country.  Without the mandate to rule, all talks of reforms will be in vain.

 

Sodomy II: Wrong conclusion in chemist's report, DNA expert testifies

Posted: 18 Sep 2011 02:33 PM PDT

By Reena Raj, The Star

KUALA LUMPUR: The report by chemist Nor Aidora Saedon wrongly concluded that it was a single profile DNA found on a towel she examined, Australian DNA expert Dr Brian McDonald told the sodomy trial of Datuk Seri Anwar Ibrahim here.

The fourth defence witness, who resumed his expert evidence Monday, said Nor Aidora and another chemist, Dr Seah Lay Hong, had contradicted the Chemistry Department guidelines as they did not report that there was a mixed profile DNA.

Dr Seah examined all the swabs taken from complainant Mohd Saiful Bukhari Azlan and Nor Aidora tested a towel, toothbrush and mineral water bottle obtained when Anwar was detained.

Anwar has claimed trial to sodomising Mohd Saiful at a condominium in Bukit Damansara here on June 26, 2008.

More to come

Ex-MAS chairman negotiating for settlement in suit against news portal

Posted: 18 Sep 2011 02:31 PM PDT

By M Mageswari, The Star

KUALA LUMPUR: Former Malaysia Airlines executive chairman Tan Sri Tajudin Ramli is negotiating with the publisher of online news portal The Malaysian Insider and two others for a possible settlement in his RM200mil defamation suit against them.

The parties informed High Court judge Justice Harmindar Singh Dhaliwal in chambers here Monday over the possible out-of-court settlement.

Lawyer Lim Kian Leong acted for Tajudin while lead counsel George Miranda represented the defendants.

Speaking to reporters later, Miranda said that the parties were in negotiation to work out a settlement.

"We will inform the judge on Sept 28 whether the parties have reached any out-of-the-court settlement," added Miranda.

Lim also confirmed this to the media after the suit was called for case management for the first time.

Tajudin had named The Malaysian Insider Sdn Bhd, its chief executive officer/editor Jahabar Sadiq and reporter Shazwan Mustafa Kamal as defendants in the suit filed on Aug 18.

Pakatan Sarawak eyeing all 31 MP seats

Posted: 18 Sep 2011 02:24 PM PDT

By Joseph Tawie, FMT

KUCHING: Pakatan Rakyat Sarawak will contest all the 31 parliamentary seats in the 13th general election.

The final list of seats to be contested by DAP, PKR and PAS – which are members of the Pakatan coalition – will be made known on Oct 2 when the three meet for the second time.

"We can only tell you on Oct 2. By then we can tell you which party will contest in which constituency," Sarawak DAP chairman, Wong Ho Leng, said after chairing the first meeting on seat allocation yesterday.

PAS was absent at the meeting as its leaders were away attending courses in Peninsular Malaysia.

"We have very minimal overlapping of seats with PAS, so there should be no problem," added  Wong.

DAP is eyeing between 10 and 15 seats including some rural or semi-urban seats.

Sarawak PKR chief Baru Bian said the three parties are confident that the overlapping of seats will be solved soon.

"The coming general election is very crucial for Pakatan and it is vital that we decide on seat overlapping claims.

"We have agreed on certain seats, but there are a few that need further discussions," Bian said.

Smoother negotiations

Bian said that negotiations were moving fast and that talks on seat allocations for the general election were going smoother than for the state election.

"The negotiations are going very well," he added.

PKR has expressed interest in 12 to 15 seats subject to negotiations with the other Pakatan partners.

"We too have minimal overlapping claims with PAS," he said.

Earlier, Wong said that the three parties are quite certain that the general election is around the corner, especially after Prime Minister Najib Tun Razak had announced the repeal of the Internal Security Act and the amendments and reviews of other draconian laws.

"The bell is ringing, and Pakatan must conclude negotiations in earnest…

"We have for the first time sat in Kuching and have reached agreement on certain seats, but there are still some overlapping claims…

"We will give you the full list on Oct 2 when we meet again.

 

READ MORE HERE.

Putrajaya has admitted to a ‘prima facie case’ against A-G

Posted: 18 Sep 2011 02:20 PM PDT

By Clara Chooi, The Malaysian Insider

KUALA LUMPUR, Sept 19 — A former senior police officer accused Putrajaya today of admitting last year to Attorney-General Tan Sri Abdul Gani Patail's role in allegedly falsifying evidence when it backed an independent panel's findings on Datuk Seri Anwar Ibrahim's "black-eye" case.

The former top cop insisted today that with Putrajaya's endorsement, there was no longer a need to form a royal commission of inquiry or a tribunal to investigate Abdul Gani's involvement.

"This is because there is already a prima facie case against Abdul Gani and those abetting him on falsifying evidence," said former KL CID chief Datuk Mat Zain Ibrahim in an open letter to Inspector-General of Police Tan Sri Ismail Omar today.

He also claimed that Prime Minister Datuk Seri Najib Razak was aware of Abdul Gani's involvement as the former had been briefed and was provided "complete evidence" in October 2008, when he was still the country's deputy prime minister.

Mat Zain said he had briefed Najib at the latter's Finance Ministry office in Putrajaya, adding that he had "assumed" the leader would take appropriate action once he took on the prime minister's post.

"The excuse that there is lack of evidence should not be raised again. Saying further investigations are needed would also be irrelevant because the independent panel has already decided and the government has endorsed it," he pointed out.

In July 2008, Anwar had filed a police report, accusing Abdul Gani, Mat Zain, former Inspector-General of Police Tan Sri Musa Hassan and a Dr Abdul Rahman Yusof of falsifying a medical report on his black-eye case, which alleged that his injuries had been self-inflicted.

Three independent panel members tasked to look into the evidence fabrication claims comprising Federal and Court of Appeal judges later cleared Abdul Gani and Musa of the allegations, but the status of Mat Zain and Dr Abdul Rahman remained uncertain.

READ MORE HERE

 

BN Selangor - bermimpi di siang hari

Posted: 18 Sep 2011 02:17 PM PDT

Oleh Aspan Alias

Najib berkata yang beliau tidak takut dengan Anwar kerana beliau mengakui yang dalam sebuah demokrasi parti adalah lebih kehadapan dari individu. Tetapi jika benar apa yang di katakan oleh PM itu maka beliau tidak payah menyebut nama Anwar tetapi di sebaliknya beliau sepatutnya bercakap tentang PR, bukannya Anwar.

Apa yang di katakan oleh PM itu benar kerana tidak ada sesiapa yang perlu takut pada mana-mana individu. Saya yang begitu kecil ini pun tidak takut pada Anwar dan pada sesiapa sahaja yang melakukan rasuah dan salah guna kuasa. Yang perlu semua pihak takut dalam politik ini ialah rakyat yang ramai yang mempunyai hak kepada seluruh negara kita.

Itu sebabnya selama ini saya hairan kenapa pemimpin-pemimpin kita begitu berani melakukan rasuah dan mengenepikan perasaan rakyat yang begitu jemu mendengar perlakuan rasuah itu dilakukan dengan terang dan mudah dilihat oleh rakyat. Hanya rakyat tidak mampu membuktikannya kerana perlakuan rasuah yang besar-besaran banyak dilindungi oleh Akta-Akta yang ketat seperti Akta Rahsia Resmi dan lain-lain.

Jika sesuatu projek dilaksanakan dengan 'scale' yang besar maka projek-projek itu akan dilindungi oleh Akta Rahsia Resmi kerana dalam projek itu adalah sumber mereka yang berkuasa untuk melakukan rasuah yang menggunakan wang rakyat. Rasuah adalah isu yang terhadapan sekali dan selagi kerajaan masih melekat dengan stigma rasuah itu selagi itulah kerajaan hari ini tidak akan mendapat perhatian rakyat lagi.

Di UiTM semalam Najib telah mengaku yang BN telah insaf di atas segala kesalahan yang telah dilakukannya semasa memerintah negeri itu sejak merdeka dahulu. Dengan kenyataan itu maka kita dapat menyimpulkan yang BN memang telah melakukan kesalahan sebagai parti yang memerintah negeri Selangor dan dengan itu rakyat Selangor telah mengenepikan mereka dalam pilihanraya yang lalu.

Jika BN telah mengaku kesalahan itu kenapa pula parti-parti pembangkang yang dipilih oleh rakyat Selangor itu menjadi 'punching bag' bagi UMNO dan BN. Kenapa pembangkang dipersalahkan jika BN mengaku kesalahan itu letaknya dibahu BN. Kenapa yang bersalah menghemtam yang tidak bersalah? Itulah yang menjadi masalah kepada BN. Mengaku bersalah tetapi pihak lain pula yang dihentam setiap hari dan waktu.

Sekarang BN sedang berusaha mencari kesalahan PR di Selangor, sama seperti yang dilakukan di negeri-negeri lain yang dipimpin oleh PR. BN mencari kesalahan pentadbiran Selangor seperti orang mencari kutu dikepala. Kuman diseberang laut mereka nampak tetapi gajah dibibir mata tidak dihiraukannya.

Apa yang BN perlu lakukan untuk mengembalikan keyakinan rakyat Selangor ialah untuk menunjukan siapa yang akan menjadi MB jika Selangor dipimpin BN. Ini amat penting kerana seperti yang kita lihat semua MB BN Selangor sebelum diambil alih oleh PR dalam pilihanraya yang lalu telah bergelumang dengan masalah rasuah.

Keseluruhan pemimpin-pemimpin Selangor telah dipersepsikan melakukan kesalahan ini dan itulah sebabnya mereka diketepikan oleh rakyat. Sekarang pemimpin-pemimpin yang sama pula yang membuat janji untuk mentadbir negeri yang kaya itu untuk melakukan perubahan yang dikehendak rakyat Selangor. Bagaimana rakyat hendak percaya. Secara konklusifnya kita melihat yang isu ini amat susah untuk dilakukan oleh BN Selangor.

Sehingga ke hari ini rakyat masih tidak nampak siapa yang akan ditonjolkan sebagai ayam tambatan BN yang tidak boleh dipersoalkan tentang kredibilitinya. UMNO yang sedang menghadapi isu kredibiliti terpaksa mencari calon MBnya dengan teliti. Sekarang bukan senang untuk mencari calon yang berkredibiliti di Selangor kerana calon yang akan ditonjolkan itu akan merasa rendah diri dan sangsi samada mereka boleh menang atau pun tidak.

Ramai yang merasa takut untuk melalui pengalaman Awang Adek di Kelantan yang telah berangan-angan untuk menjadi MB Kelantan tetapi Kelantan hanya memberikan sebanyak tiga kerusi DUN sahaja dalam pilihanraya yang lalu. Awang Adek sendiri sebagai calon MB telah kalah dihadapan rakyat Bachok sendiri. Kita masih ingat bagaimana Awang Adek telah berlagak seolah-olah sudah menjadi MB dengan lagak 'typical' UMNO sambil menghisap cerut yang mahal-mahal semasa berkempen di Bachok.

 

Selanjutnya di sini.

Jalur Gemilang approved by King George VI

Posted: 18 Sep 2011 07:42 AM PDT

KTemoc Konsiders

Low brow ethnic pseudo-warrior Muhyiddin Yassin has condemned a DAP Selangor ADUN, M Manoharan, for showing disrespect to (what Muhyiddin termed) as 'national heritage' when the ADUN called for a redesign of the Malaysian flag.

National heritage?

Really, any commonsense understanding would tell us that a national flag, while a symbol of national identity, pride and belonging, is not exempt from changes, as shown by a number of countries.

For example, Canada has made one of the most improved changes to national flags to enhance its Canadian identity – see below and understand how the maple leaf design stands out remarkably and uniquely as Canadian, making the Canadian flag renowned as one of the best flag designs – a design which came about through deliberate change.

READ MORE HERE

 

WIKILEAKS: ELECTORAL REFORM NOT ON THE HORIZON

Posted: 18 Sep 2011 01:00 AM PDT

On January 8, in public comments characterized by Kamaruzaman as "utopian," Rashid said the election laws of Malaysia could no longer ensure justice for opposition political parties. Rashid said election laws should be amended to give the EC power to ensure free and fair media reporting, prosecute persons who misuse public funds during their campaigns, institute and enforce limits on political party spending, and prevent corrupt practices such as vote buying during elections.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

Summary

1. (C) As Malaysia moves closer to its next national elections, electoral reform faces a very steep uphill battle, a conclusion highlighted during our recent meetings with Election Commission (EC) officials, NGO leaders and several academics.  The UMNO-led Barisan Nasional (BN) governing coalition retains tight control over virtually all important levers of power, including the EC. 

Two electoral reform groups formed since the last general election in 2004 - MAFREL and BERSIH - recognize that grass roots engagement of the public will be necessary to effect meaningful changes to an electoral system heavily tilted in the BN's favor.  Both groups intend to highlight electoral challenges and push for adoption of electoral reforms in many critical areas such as: election-day use of indelible ink on voters; Election Act changes to ensure balanced media access and limitations on political party spending; and empowerment of the EC to develop and enforce stricter campaigning and election-day rules and regulations. 

Their best efforts will almost certainly not produce meaningful reforms to the electoral system over at least the medium term.  UMNO, in power since independence, faces no effective public, opposition party or internal pressure to reduce its overwhelming powers of incumbency.  End Summary.

Election Commission - Technocrats, Not Reformers

2. (SBU) The Malaysian Election Commission's (EC) Secretary General, Kamaruzaman bin Mohd Noor, and nine of his subordinates briefed poloffs on March 6 about the EC's operating structure and current activities.  Kamaruzaman emphasized that the EC falls under the purview and authority of the Prime Minister's office.  He said all changes to electoral rules, regulations and policies suggested by the EC's seven commissioners must therefore be submitted to the PM's office for approval.  In describing the role of EC commissioners, led by EC Chairman Abdul Rashid Abdul Rahman, Kamaruzaman said they "are not in a position to enact reforms." 

He further stated that the EC "does not have the power to investigate election day abuses."  He said allegations of fraud or election tampering are referred by the EC to either the police or the GOM's Anti-Corruption Agency for investigation. 

(Bio Note: Kamaruzaman obtained his undergraduate and graduate degrees from Penn State University.  He spoke very warmly of his years in America during the 1980s.  End Bio Note.)

3. (C) Kamaruzaman's statements about the feebleness of EC powers were reflected in a series of comments to reporters during early 2007 by EC Chairman Rashid. 

On January 8, in public comments characterized by Kamaruzaman as "utopian," Rashid said the election laws of Malaysia could no longer ensure justice for opposition political parties.  Rashid said election laws should be amended to give the EC power to ensure free and fair media reporting, prosecute persons who misuse public funds during their campaigns, institute and enforce limits on political party spending, and prevent corrupt practices such as vote buying during elections.

Rashid later backpedaled from these comments while emphasizing the UMNO party line that the EC cannot initiate electoral reforms under its own authority.

4. (C) Opposition figures, including Anwar Ibrahim, told us they welcomed Rashid's short-lived calls for reform, but did not expect them to go anywhere.  Some viewed Rashid's remarks as a way for him to maintain personal credibility, though he knew the government would not take up his recommendations.

5. (SBU) During the five decades of UMNO's rule, opposition parties have routinely criticized EC commissioners as beholden to UMNO.  All EC commissioners, including the Chairman, are appointed by the King based on the advice of the PM.  They may not be removed from office prior to age 65, except on similar grounds and in a similar manner as pertains to the removal of a justice from the Federal Court (Malaysia's apex court).

6. (C) Under heavy influence from UMNO, the EC has used its power under the constitution to gerrymander voter districts every eight years in BN-controlled states.  In addition, UMNO keeps election campaign cycles very short (8 days for the last general election in 2004). 

Opposition parties are effectively precluded from access to mainstream media outlets during campaign days, while advertisements and positive stories about BN candidates and parties flood the newspapers and airwaves.  And while individual candidates for state assemblies and the federal parliament may not spend more than $28,500 (RM100,000) and $57,000 (RM200,000) on their respective campaigns, their political party machines may legally spend unlimited amounts of money on any individual race.  Therefore, the wealth imbalance between the BN and opposition parties also contributes heavily toward the BN's election dominance. 

The EC currently has no legal means to challenge any of these practices were it so inclined.

MAFREL Educates with U.S. Funding

7. (C) On February 13 the President of Malaysians for Free and Fair Elections (MAFREL), Abd Malek Hussin, described MAFREL's electoral reform efforts to us.  MAFREL is not affiliated with any political party and is 100% funded by the USG through the International Republican Institute (IRI).

Hussin said MAFREL's primary goals are educating the public about the election process and reporting on election corruption and electoral abuses, in an effort to "narrow the ability of the BN to engage in obviously fraudulent election practices."  He said, "We want to prod (UMNO) toward reform and, if necessary, embarrass them into taking action to improve the fairness and honesty of elections."

8. (C) Building upon MAFREL's successful monitoring of the Sarawak state assembly election on May 20, 2006 (ref A), Hussin has established a personal relationship with EC Chairman Rashid.  Hussin visited Rashid's home on October 25 and spoke privately with him for three hours about electoral issues. 

According to Hussin, Rashid said MAFREL "is in danger of being viewed as a US puppet" and must diversify its funding away from the IRI.  Hussin was initially reluctant to meet with us in public; we ultimately met him at a small suburban restaurant.  To demonstrate the extent of their personal relationship, Hussin showed us an SMS from Rashid inviting Hussin to join an EC fact-finding trip to South Africa to examine their electoral process.  Hussin has not yet accepted the invitation.  He is concerned that MAFREL's image as an independent actor could be tarnished.

9. (C) During their discussion, Hussin claimed Rashid admitted his direct involvement in UMNO's shadowy 1990s push to assume political control of the East Malaysia state of Sabah.  During that decade, UMNO granted citizenship and Malaysian Identity Cards (ICs) to over 600,000 foreign migrant workers (predominantly Muslims from Indonesia and Mindanao) in Sabah, in exchange for their votes in state assembly elections (ref B).  UMNO-affiliated parties subsequently took over all of Sabah's state assembly seats.

According to Hussin, Rashid "admitted to personally issuing over 60,000 fraudulent Malaysian ICs in Sabah," to help UMNO assume political control there.

10. (C) Hussin told us Rashid characterized his Deputy EC Chairman, Wan Omar, as "an UMNO member who is anti-reform." Rashid said he wishes to remain as Chairman of the EC until "the number two is gone" and Rashid can pass the EC leadership mantle to the EC's Secretary General Kamaruzaman.

BERSIH's Long and Winding Road Ahead

11. (C) While MAFREL has attempted to maintain a non-partisan stance during its push for electoral reform, the Coalition for Clean and Fair Elections (Malay acronym: BERSIH, meaning "clean") represents the interests of Malaysia's largest opposition parties, namely the Islamic Party of Malaysia (PAS), the Democratic Action Party (DAP) and the People's Justice Party (PKR).  These three parties formed BERSIH in 2006 and BERSIH has since gained the endorsement of over 50 civil society NGOs. 

The National Democratic Institute (NDI) indirectly provided BERSIH with a $40,000 grant to be expended during February-May 2007 on regional meetings, leaflets and development of BERSIH's website (www.bersih.org).

12. (C) BERSIH's spokesman and steering committee member, Sivarasa Rasiah, told us on February 23 that BERSIH intends to pursue three main goals: use of indelible ink on the fingers of all election-day voters, clean-up of the electoral rolls, and abolishment of postal votes except for diplomats and other overseas voters. 

Both the PM's office and the EC have already rejected the use of indelible ink as "primitive and unnecessary," but BERSIH has challenged the EC to either adopt the system or provide an alternative that would prevent individuals from casting multiple votes.

13. (C) Sivarasa independently confirmed EC Chairman Rashid's statements to MAFREL's Hussin about EC succession planning. Sivarasa told us Omar "would be a disaster for the opposition parties."  Like Rashid, BERSIH would prefer Kamaruzaman to take the EC Chairmanship, following Rashid's retirement.

Sivarasa commented that UMNO will likely keep Rashid as EC Chairman "at least until the next general election, as he lends a veneer of legitimacy to the election process." Rashid has thus far rebuffed BERSIH's requests for a meeting. Kamaruzaman told us he would meet with BERSIH if the meeting remained limited to discussing the EC's implementation of existing laws and regulations.

14. (C) BERSIH intends to inaugurate its grass-roots electoral reform initiative in April 2007 at a large rally in Kuala Lumpur.  Anwar Ibrahim is expected to be the keynote speaker.  As with other large events organized by opposition parties and NGOs here, the rally will be held in a hotel ballroom, as a police permit for an open-air public rally of this sort would almost certainly be denied.  BERSIH is currently registered as a corporation, as the GOM's Registrar of Societies rejected its application for recognition as an NGO.

Comment

15. (C) UMNO and its coalition partners have held power since Malaysia's independence in 1957.  Only the ruling parties of North Korea, China and Paraguay have outlasted UMNO's 50-year tenure.  Malaysia's controlled style of democracy is not too dissimilar from other Asian countries which have or had dominant one-party or coalition governments. 

UMNO party leaders acknowledge that reform will eventually be necessary to appease the voting public, but for now UMNO enjoys sufficiently wide support from its Malay base.  Race-based politics ensures for the foreseeable future that the majority Malays will continue to support UMNO initiatives and leadership. 

Nevertheless, as education levels of the country rise, reform will gain an ever louder voice.  Some young UMNO politicians see reform coming, but freely admit that power is never easily surrendered.  Current laws restrict media freedom, free association, political activities on campuses, public assemblies, and transparency in government procurement contracts and policy-making. 

The government effectively employs its security services, particularly the police, for political ends.  These factors, when coupled with the executive branch's control over the EC, will ensure UMNO's continued dominance over the political scene.

16. (C) PM Abdullah's promises to develop transparent and accountable political institutions do not extend to electoral reforms that could weaken UMNO's power base.  As Abdullah approaches the end of his first term, Malaysian politics remain more about autocratic continuity than change.

Abdullah has exercised more restraint than his predecessor, Mahathir, in using the restrictive governmental controls at his disposal.  Opposition leaders admit there is more democratic space under Abdullah, but they attribute this to Abdullah's weak leadership rather than his efforts to institute real reforms.  Nevertheless, we believe neither Abdullah nor his party would hesitate to invoke the strict autocratic measures at their disposal, if seriously challenged.

17.  (C) A strong challenge to UMNO's dominance seems unlikely to materialize any time soon.  The primary Malay-based opposition party, PAS, cannot create an effective coalition with non-Malays due to PAS' Islamist agenda.  Other opposition parties suffer from a paucity of capable and charismatic leaders - with the possible exception of Anwar Ibrahim - who could mobilize enough public support for meaningful changes to the electoral system. 

Moreover, the opposition generally cannot access the mainstream media to effectively get its message across.  Absent a major crisis, pressure for changes to the system would need to come from within UMNO, and we have yet to see any indication factions within the ruling party support a reduction in their overwhelming powers of incumbency.

LAFLEUR (March 2007)

 

Malaysian Scorpene Submarine Corruption Case Legal Briefing

Posted: 18 Sep 2011 01:00 AM PDT

The Solicitors International Human Right's Group (SIHRG) and Malaysian Human Rights NGO (SUARAM) will be hosting a briefing and fund raising event in relation to the French Scorpene submarine deal in which French giant shipbuilder DCNS is alleged to have paid millions of Euros in kickbacks to top Malaysian officials.

Joseph Breham, a renowned French lawyer from Sherpa, a non-profit organisation dealing with human rights legal issues and Cynthia Gabriel from Suaram will provide up-to-date briefings followed by an open dialogue session. William Bourdon, a colleague of Mr Breham, who is also part of the French legal team, was unfortunately deported by Malaysian authorities in July this year en route to speak at fund raising events in the Malaysian capital Kuala Lumpur. Please join us for what is bound to be an interesting and engaging evening.

Date : Friday 30th Sept 2011

Venue : Lecture theatre BPP Law School, 68-70 Red Lion Street, London WC1R 4NY

Time : Registration : 6pm  Briefing and Dialogue Panel : 6.30pm-8.00pm

A nasi lemak supper will be on sale at the venue. All proceeds will go towards the legal fund. Admission is free but donations towards the legal case are welcome.

Please register at http://malaysianscorpenesubmarinecorruptioncaselegalbrief.eventbrite.com/

For further details pertaining to the case please see below:

http://malaysia-today.net/mtcolumns/guest-columnists/39450-malaysian-submarines-the-trail-of-retrocommissions-is-becoming-clearer

Briefing on the Scorpene Submarine Case

Chronology:

5 June 2002:   Malaysian Government signed an agreement with French DCNS and Spainish Navantia for the procurement of two (2) Scorpene class submarines.

The procurement contract was through direct negotiation with the manufacturing companies, said to be with the service of Perimekar Sdn Bhd.

According to the Government explanation, the contract was divided into two parts:

a.   Cost of two Scorpene submarines together with the package that covers Integrated Logistic Support and training amounted to Euro 969.15m (however on 14 May 2008, Najib told the Parliament that this part cost Euro 999.15)

b.    Payment to Perimekar Sdn Bhd in the name of "coordination services" for a period of six years, the sum was Euro 114.96m

It is widely believed that payment for the second package was in reality the commission for Najib/Rosmah through Razak Baginda as the owner of Perimekar.

With the exchange rate at the time, the cost was equivalent to:

1)    Payment for submarine cost between: RM 2.14b (Euro=RM3.2 in 2002) – RM 5.43b (Euro=RM5.6 in 2008) (nowEuro=RM4.7)

2)    Commission: probably about RM 540m (exchange rate at the time of payment)

26 July 2006: Royal Malaysian Navy announced these vessels will be named after the first and second prime ministers. The first hull will be named KD Tunku Abdul Rahman and the second hull KD Tun Razak.

24 Oct 2007:   The first vessel, KD Tunku Abdul Rahman was launched by then Defence Minister Najib on at the DCNS dockyard, Cherbourg, France.

(According to Sharribuu, Altantuya was in France with Najib during the launch)

3 Sept 2009:   The first Scorpene submarine KD Tunku Abdul Rahman, arrived at a Port Klang naval base after a 54-day voyage from France. The second of the series, KD Tun Razak, is scheduled for delivery in late 2009. However it only arrived in mid 2010.

10 Feb 2009:   It was reported that KD Tunku Abdul Rahman could not dive due to technical faults. The Navy sources admitted that the defect had prevented it from diving for three months. However the Government claimed that the problem was fixed in early February and it was allowed to undergo tropical water trial since then.

As a result, builder DCNS SA extended the warranty for the submarine, which was supposed to expire on 25 January 2010, until May 2010 so the submarine could complete its trials as the first step to obtaining its Initial Operational Capability (IOC).

25 May 2010:  KD Tunku Abdul Rahman warranty expired.

2 July 2010:    KD Tun Razak, the second Scorpene submarine, arrived at the Lumut RMN Base. It was more than 6 months behind schedule.

7 July 2010:    Marhalim Abas of the Malay Mail again reported that Malaysian submarine crews had remained on dry land since the first arrival due to continuous problems of KD Tunku Abdul Rahman; the crews risked to lose their submarine rating for unable to participate any trial dive.

Both submarines are now parked at Sabah Sepanggar Naval base, to date neither of them had undergone the necessary tropical water trial dive.

What is the actual cost of the Scorpene submarines?

Agreement signed with DCNS/Navantia costed Malaysian taxpayer Euro 1.08b (with Euro 114.96m commission for Perimekar). Nonetheless, we later found out that the price did not include many items.

What are the missing items that need additional payments?

1.   Maintenance services: Malaysian Government had awarded a joint venture Boustead-DCN Bhd (BDCN) as the services provider for the submarine maintenance. Until today the cost had not been finalized. Nonetheless, in June 2009 Boustead Heavy Industries in a statement to Bursa Malaysia informed that the government had expressed an intent to award a contract worth RM600 million to its joint-venture unit for in-service support for submarines.
March 2010: Defence Minister Zahid Hamidi clarified that for the first year maintenance would cost about RM270m and the annual maintenance cost will be capped at RM600m per year.

2.   LIMA 2009: Defence Minister announced additional contract worth Euro37.5m (about RM150m) for the supply of Support and Test Equipment (S&TE) for Scorpene submarines.

3.   Weapon not included: on 22 June 2010 Defence Minister answered parliament question revealed that the Government has paid Euro219.265m (about RM890m) for 40 units Exocet SM39 missile and 30 units Black Shark torpedo, to be delivered by 2013.

4.   Infrastructure for submarine base in Sabah (not yet constructed)?

5.   Training for crews, support staff etc. No price yet.

 

Grand total (rough estimate):

Hardware: two Scorpene class submarines                         RM 5,430m

Commission: in the form of services by Perimekar               RM 540m

Package for simulation and training, S&TE                          RM 150m

Weapons: 40 Exocet missiles and 30 Black Sharp torpedo     RM 890m

Total: RM 6.98b

Maintenance service (under negotiation)                             RM 270m (first year)/ RM600m (max)

Money spent to date                                                         RM 7.3b    

If we add RM600m maintenance                                         RM 7.58b (for 3 years)

Uncertain for repair cost to overcome defect                         RM ???

 

Kredit: www.malaysia-today.net
 

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