Malaysia Today - Your Source of Independent News
Malaysia Today - Your Source of Independent News |
- Stop fanning rumours, DAP man tells PR
- 'Exodus if PBRS has to give up MP seat'
- PKR disagrees with Lajim
- Najib: Six Umno divisions can spearhead recapture of Kedah
- Rafizi’s ‘NOW’ centre to make whistleblowing Malaysian culture
- Government has fulfilled all promises through NEP
- Malaysia’s New Internet Law
- Courts sending out mixed signals over statutory rape
| Stop fanning rumours, DAP man tells PR Posted: 29 Aug 2012 10:38 PM PDT
(The Sun) - Penang DAP chairman Chow Kon Yeow has urged Pakatan Rakyat leaders to nip rumours in the bud to prevent uneasiness fermenting among the grassroots. Chow said instead of adding to such controversies, leaders instead should disseminate the right information to party members. "If something does not happen (not true), kill it and not fuel it," the Tanjung MP told theSun. Chow was commenting on the recent controversy involving Penang PKR chairman Datuk Mansor Othman after it was reported that he had described Chief Minister Lim Guan Eng as "arrogant and cocky" as well as seen a "tokong" (temple or deity). The deputy chief minister I was alleged to make the remarks in a PKR meeting over seat negotiations with DAP. The remarks were contained in the minutes of the meeting which was leaked to a blog. Mansor has denied describing Lim as arrogant but defended using the word "tokong" as it was made in reference to the esteem and respect of the people had towards the DAP secretary-general. Chow said the issues raised during the PKR meeting would not have repercussions with the DAP as he was of the opinion that the matter were were just the concerns of a particular group in the party (PKR). "The views of these groups in the party does not necessarily reflect the reality on the ground," he added.
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| 'Exodus if PBRS has to give up MP seat' Posted: 29 Aug 2012 07:39 PM PDT
(Daily Express) - Keningau: The public spat between Barisan Nasional components Parti Bersatu Rakyat Sabah (PBRS) and Umno in the Interior seats in the coming general election continued with PBRS Sook Youth Chief Kahirin Bador predicting that BN will lose thousands of members if PBRS loses one of its two seats here to Umno. Nevertheless, he said PBRS Sook Youth remained loyal to the BN and fully supported the leadership of Prime Minister Datuk Seri Najib Tun Razak and Chief Minister Datuk Seri Musa Aman. The incumbent for the Pensiangan parliamentary seat is Tan Sri Joseph Kurup, President of PBRS. The court ruled in favour of the Deputy Natural Resources and Environment Minister when his rival claimed that he was prevented from filing his nomination papers on time. Kurup also faced an angry mob at the nomination centre that day in 2008. According to Kahirin, PBRS has 26,630 members in Pensiangan with 13,850 in Sook and 9,780 in Nabawan. "This is the up-to-date figure as of June 2012 and not as stated by Umno Pensiangan Youth assistant secretary Khairil Abdullah who was referring to an outdated report that was based on the 2008 figure," he said. Kahirin advised Khairil to respect the power sharing concept of BN and respect whatever decision made by the leadership. He said Khairil should have not tabled the motion to ask for one of the three seats in Pensiangan during the Umno Pensiangan Youth annual general meeting. Kahirin praised Nabawan Upko Assemblyman Datuk Bobbey Suan and Upko members as always cooperating with PBRS leaders to resolve problems of the people in the constituency. "This is a true example of the BN concept, which is in line with the unity and peaceful spirit, not bully small parties like what Umno Pensiangan Youth is doing," he said. "I suggest Umno Pensiangan Youth stop discussing the seat distribution because it will only cause disunity among the BN parties," he said. "Respect whatever decision by the BN leadership as well as the statement by Umno Pensiangan Chief, Datuk Abdul Ghani Yassin, who promised to cooperate with whoever is the BN candidate in Pensiangan," he said. Meanwhile, Pensiangan Umno urged its members to unite and ensure BN wins and remains the government. Its chief, Ghani, said they should support all BN candidates irrespective of which party they represent. Pensiangan Umno deputy chief Ahuar Rasam said the Division had yet to receive any information on whether Umno will be contesting the parliamentary seat. Ahuar said anyone has the right to apply to contest in Pensiangan including Umno. Nevertheless, the decision rests with the BN leadership, he said. On his son joining the PKR, he said anyone has the right to choose whatever political avenue. However, he did not discount the possibility of his son supporting the BN in the future. Such scenario, he said, is not strange and cited PBS President Tan Sri Joseph Pairin Kitingan and his brother, Star Sabah Chairman, Datuk Dr Jeffrey Kitingan. "My son's decision to join another party is his choice and has nothing to do with me," he said. Ahuar is an influential figure in Pensiangan. He was instrumental in relocating villagers from five settlements on the Kalimantan-Sabah border to Kg Salarom Taka near Sepulut Kalabakan. The villagers were given a longhouse as dwelling and also 74 houses to continue their livelihood. According to him, there are 15,464 Umno members in Pensiangan that include Sook and Nabawan. A former secretary of a BN component, James Jamil, 58, said PBRS President Tan Sri Joseph Kurup, as BN chairman for Pensiangan, should call for a meeting of all the component parties and discuss the issue. "This is the best way to resolve the crisis," he said, adding that any BN component has the right to request to stand in Pensiangan or Sook and Nabawan. However, he said it was better the matter not be debated in the media. "The opposition will gleefully take the opportunity if the crisis between the two component parties cannot be resolved," he said. According to him, during the formation of PBRS on March 15, 1994, he organised the party in Pensiangan, which at the time covered Tambunan, Bingkor and Pensiangan itself. "At that time the BN component parties were facing a very tough situation and the PBRS branches at that time had to be re-organised until 2004 the time when I retired. "However, I know more about Pensiangan especially its people," he said. In 2004, the electoral boundary re-delineation exercise saw Pensiangan separated from Keningau to cover the state seats of Sook and Nabawan with the incumbent being Datuk Ellron Alfred Angin (PBRS) and Datuk Bobbey Ahfang Suan (Upko), respectively. "I was made to understand that the BN government had in 1994 until today given the Pensiangan and Sook quota to PBRS until last year when Umno Pensiangan demanded Pensiangan to be represented by Umno," he said.
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| Posted: 29 Aug 2012 07:35 PM PDT
(Daily Express) - Kota Kinabalu: Parti Keadilan Rakyat (PKR) Sabah Chief Ahmad Thamrin Jaini said it is not true that all Muslim majority seats in Sabah are to be contested by Sabah Reform Alliance (PPS) as mentioned by its chief Datuk Lajim Ukin. Thamrin who attended Lajim's Hari Raya open house on Aug. 28 in Beaufort said, in fact, Lajim admitted that all Muslim majority seats were still currently being discussed among the PKR, PAS and PPS. Ahmad Thamrin said Lajim whose power base is mainly in Beaufort needs to continue to champion the cause of Pakatan Rakyat so that more Umno-BN members would join Pakatan Rakyat for the sake of justice for the people and the nation. He believed everyone has a right to voice his or her own opinion including Lajim, but that all final decisions are to be collective in nature among the parties in Pakatan Rakyat. "The strength of Pakatan Rakyat is that all decisions are decided by consensus and not by dominance like Umno-Barisan Nasional," he said. Ahmad Thamrin was confident that the on-going closed door seat negotiations and allocation among Pakatan Rakyat parties namely PKR, DAP and PAS and also with the newly formed PPS as well as Sabah Reform Movement (APS) headed by Datuk Seri Wilfred Bumburing would be concluded soon in preparation for the 13th General Election. On another note, he said the Pakatan Rakyat Malaysia Day National Celebration will be held from Sept 15-16 in both Sabah and Sarawak, respectively. The theme for 2012 is "Sebangsa, Senegara, Sejiwa" (One Race, Once Country, One Soul), which would be jointly-organised by all three parties from Pakatan Rakyat together with PPS and APS. Ahmad Thamrin welcomed PPS and APS into the Pakatan family. "Much space will be given to them to grow and to mature in the Pakatan family for the sole objective of bringing about a new and just government both in the federal level and also in Sabah," he said.
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| Najib: Six Umno divisions can spearhead recapture of Kedah Posted: 29 Aug 2012 03:09 PM PDT
(The Star) - Prime Minister Datuk Seri Najib Tun Razak wants the six Umno divisions in southern Kedah to be the catalyst for Barisan Nasional's victory in the general election. He said the divisions of Baling, Merbok, Sik, Sungai Petani, Padang Serai as well as Kulim-Bandar Baharu formed the backbone of the party in the state. "I chose to visit southern Kedah because this region has been our fort all this while. "As Baling had played an important role in our country's history, then let the voice of Baling be etched in the history of Umno and Barisan Nasional in our struggle to return Kedah back to Barisan," he said when opening the Umno delegates conference for the six divisions here on Thursday. He said other areas such as Alor Setar and Jerlun were equally important, stressing that the divisions should work together and fight hard to win back Kedah. He said party members should have resolved all internal problems that by now. "Enough is enough. It has been over four years since the last general election and they should stop pointing fingers at each other. "We, at the top leadership, have spoken about this issue countless times and now its time for the members to fulfill their pledges of loyalty to the party. "Let us not merely look at what the (Barisan) government had promised to do for us, but rather what we can do for the government," he said. The premier stressed that if all Umno members and fellow Barisan component party members voted for Barisan's candidates in Kedah, there was no reason why the party could not win in the state. He said party members should understand the meaning of unity and loyalty as well as put the party's interests above all else, including personal interests. "Umno is 66 years old while the nation will be celebrating 55 years of Independence. "People say we should be matured as a party by now, with a lifetime of experiences. "But, we need to further explore the knowledge of rational thinking to make wise and acceptable decisions. "That is what maturity should mean, where leaders know the true meaning of unity and loyalty, not merely by the party's age," he said. Najib advised Kedah Umno members to take the party's defeat in the last general election as a valuable lesson to do better this time. He said with an oath of loyalty that was earlier taken by Umno leaders from all six divisions in southern Kedah, led by Baling Umno division chief Datuk Abdul Azeez Abdul Rahim earlier, he was confident southern Kedah would return to Barisan.
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| Rafizi’s ‘NOW’ centre to make whistleblowing Malaysian culture Posted: 29 Aug 2012 12:54 PM PDT  Rafizi and NOW director Akmal Nasir (right) pose outside the centre's entrance during an interview with The Malaysian Insider. — Pictures by Saw Siow Feng Rafizi told The Malaysian Insider that NOW will be a "civil society alternative" to government authorities like the Malaysian Anti-Corruption Commission (MACC) and the police, whose reputations have been marred by numerous reports of custodial deaths as well as assault and intimidation by armed officers. "Malaysians have been spooked from coming forward, but whistleblowing should become a culture in Malaysia, and that is what we hope to create," he said in an exclusive interview. Rafizi explained that the centre will prepare a step-by-step process for whistleblowing, which will include offering advice to informants on the legal risks they may face with their disclosures should they agree to proceed.  By providing a support structure for potential informants, the NOW centre aims to make whistleblowing a part of local culture. But the final step in the process ― publicly disclosing the scandal through the media ― is the stickiest of all, Rafizi admitted, as it would immediately open himself, the centre and the whistleblower to legal risks, if any law was broken in the process of investigation. The country's sole whistleblower law ― the Whistleblower Protection Act 2010 (WPA) ― only offers protection to whistleblowers if they make a "disclosure of improper conduct" to an authorised enforcement agency. As it does not accord protection to whistleblowers who go to the media, NOW's system will likely result in a mountain of lawsuits and prosecutions in court. "That is why we need some funds raised for legal fees. Most probably, we will be sued left, right [and] centre," Rafizi said.  Rafizi is experiencing the lack of whistleblower protection firsthand. "But we have to do it and take the risk. After all, the law is such that if you lodge a report with the MACC, for example, you have to submit all your evidence to them and you cannot speak to anyone else or go to anyone else. "If the MACC actually functions well, we would not need NOW. But does it?" he questioned. "So at this point, what we have are two choices: Either we live and work within the current framework of the WPA, which is used to suppress whistleblowing, or we prove to and convince the society that whistleblowing is actually good for the country. "We can show them that there is a support system from the non-governmental organisations and the civil society movement to hopefully increase pressure on the government to amend the Act," he said. Rafizi said another provision in the WPA renders the intention of the Act useless ― it stipulates that a whistleblower cannot break any other law when making his disclosure to the authorities. "So if the documents disclosed are confidential, even if you are revealing them to the authorities, you have no protection," he said. This is reflected in Rafizi's NFC court case, where he was charged for violating Section 97 of the Banking and Financial Institutions Act (Bafia) for exposing the confidential banking details of the National Feedlot Corporation (NFCorp), the firm that runs the NFC project. But the politician is determined to push forward with NOW, saying the centre must serve as a civil society movement to help spread awareness of the importance of whistleblowing as a "Malaysian culture" and increase pressure on the government to move legislative reforms. On this note, the politician said another primary objective of NOW was to be a legislative reform lobbyist and an "oversight" centre to make parliamentarians, governments and government-linked companies accountable for their actions. Whistleblowing, he said, was only 50 per cent of the centre's main work. "We need a centre like this now because if we rely on the government, we will continue to be stagnant. And the best way is to take the civil society route to it," he said. He pointed out that it was through decades of pressure from civil society movements that the government finally agreed to repeal the controversial British-enacted Internal Security Act 1960, which allows for detention without trial. "It has worked before. In this case, we want to change the way society views whistleblowing so that maybe five or six years down the road, there will be enough public pressure that no government can actually ignore it," he said. Read more at: http://www.themalaysianinsider.com/malaysia/article/rafizis-now-centre-to-make-whistleblowing-malaysian-culture/ |
| Government has fulfilled all promises through NEP Posted: 29 Aug 2012 12:50 PM PDT
(Bernama) - The New Economic Policy (NEP) has managed to free Malays from the clutches of poverty and allowed them to be counted among the prominent entrepreneurs, professionals and corporate figures of the country. Universiti Kebangsaan Malaysia's (UKM) Professor Dr Kamaruddin M. Said pointed out that the NEP is a development and socio-economic restructuring programme, geared towards eradicating poverty among the Malays as well as the Bumiputera people of the Sabah and Sarawak. |
| Posted: 29 Aug 2012 12:48 PM PDT
(The Diplomat) - Malaysians are right to protest the recent amendments that the government made to the Evidence Act of 1950. Although they deal specifically with the internet, the amendments could have wider implications on media freedom, democracy, and human rights. Section 114A of the bill seeks "to provide for the presumption of fact in publication in order to facilitate the identification and proving of the identity of an anonymous person involved in publication through the internet." In other words, the section makes it easier for law enforcement authorities to trace the person who has uploaded or published material posted online. According to the amended law, however, the originators of the content are those who own, administer, and/or edit websites, blogs, and online forums. Also included in the amendment are persons who offer webhosting services or internet access. And lastly, the owner of the computer or mobile device used to publish content online is also covered under section 114A. This means that a blogger or forum moderator who allows seditious comments on his or her site can be held liable under the law. An internet café manager is accountable if one of his or her customers sends illegal content online through the store's WiFi network. A mobile phone owner is the perpetrator if defamatory content is traced back to his or her electronic device. Critics of the amendment contend that under section 114A, a person is considered guilty until proven innocent. Their fear is not entirely baseless. Indeed, the Thai government has used a similar law to prosecute a blog moderator for an allegedly seditious comment which she approved to be posted on her website. The Malayisn government has rejected these criticisms with one cabinet member calling some of the objections "childish." The Centre for Independent Journalism was quick to denounce the provisions of the bill which went into effect at the end of last month. It warned that "internet users may resort to self-censorship to avoid false accusations made under Section 114A. Bloggers, for example, may excessively censor comments made by their readers. As a result, Section 114A inadvertently stifles public discussion about pertinent political or social issues and protects public authorities, such as the State, from public scrutiny." Internet users signed a petition opposing the amendments and lectured the government about the importance of allowing online anonymity to protect the identities of human rights and democracy advocates. But the amendments, according to the petition, "reduce the opportunity to be anonymous online which is crucial in promoting a free and open Internet. Anonymity is also indispensable to protect whistleblowers from persecution by the authorities when they expose abuses of power." When the petition was ignored by the government, netizens and media groups organized an online blackout on August 14, which succeeded in mobilizing thousands of internet users. The global attention which the action generated was likely what convinced the Prime Minister to agree to have the cabinet review the controversial amendments. Although this announcement was initially welcomed by opponents of the amendments, the Cabinet ultimately upheld the amended law. The amendments are supposed to empower authorities to prosecute people publishing seditious, libelous, and harmful content on the internet. But it doesn't take a whole lot of imagination to envision how these same authorities could abuse the law to restrict media freedom, violate the privacy of individuals, and curtail the human rights of ordinary internet users. |
| Courts sending out mixed signals over statutory rape Posted: 29 Aug 2012 11:57 AM PDT
(The Star) - NOW that their trials are over, former national youth squad bowler Noor Afizal Azizan can go on to fulfil the promise of his bright future and electrician Chuah Guan Jiu can focus on his fixed job and many years ahead. Through it all, no one spoke of the 13-year-old girl Noor Afizal took to a hotel to spend the night with, or the 12-year-old schoolgirl who was "coaxed" to go to her 21-year-old electrician boyfriend's flat instead of to school because he said he was too sick to take her. These were prepubescent girls who were deemed to have consented to sex with the older boys they were dating and Court of Appeal president Justice Raus Sharif wrote in his written judgment that Noor Afizal had not "tricked the girl into submitting to him". In the electrician's case, Sessions judge Sitarun Nisa Abdul Aziz also thought the "sexual act was consensual", even though DPP Lim Cheah Yit recounted how the girl had repeatedly asked Chuah to take her to school. If she did give consent, there was certainly trickery and fraud involved. The fact remains that the girls were 12 and 13, children barely out of primary school. They are not old enough to be able to legally buy cigarettes, or even obtain medical treatment if they had contracted sexual transmitted diseases. The law on statutory rape was meant to protect these very girls. Section 375(g) of the Penal Code states unequivocally that a man has committed statutory rape if he has sexual intercourse with a girl under 16 years of age, with or without her consent. It is rooted in the presumption that girls below 16 have not attained the mental maturity to consent to sex, and this law was enacted to protect children from abuse. It places the onus on those around her to not have sexual intercourse with her, even if she gives consent, because she is not deemed mature enough to give consent. In other words, the older guys should have known better. Noor Afizal and Chuah were found guilty of raping the underaged girls, but were not jailed. They were bound over for five years and three years respectively on a RM25,000 good behaviour bond. The public uproar has been over how these young men got away with a slap on the wrist, and how the emphasis has been on not blighting their future. Our teenagers are growing up inundated with overt sexual messages from the media and the Internet, without the benefit of a full-fledged sex education curriculum, or avenues to get answers. Clearly, our young people are having sex with each other but there is a line drawn by the law. And that is sex with girls below 16 – children – is off limits, even to their peers. By letting Noor Afizal and Chuah off lightly, are the courts sending out mixed signals? Are they saying these two girls – aged 12 and 13 – are capable of giving consent for sex, and are they saying future good behaviour is sufficient punishment for having sex with minors? What is the message that teenage boys and younger men are getting? At the root of it all, this is about protecting our children – boys and girls. A 12-year-old girl was lured by a man twice her age into his flat, and coaxed into having sex with him, and he got away with a promise to behave himself for the next three years. Where does that leave her? What about her worth? What are we doing for these two girls? How do we protect other naive young girls from being sweet-talked by an older teen into a sexual relationship if he knows he could be found guilty of statutory rape but walk away with a promise to behave? If we do not uphold unequivocally our intolerance of sex with underaged girls, what does that say about us?
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