Isnin, 4 Julai 2011

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Amnesty International: Release or charge Bersih activists

Posted: 03 Jul 2011 11:28 AM PDT

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By Melissa Chi, The Malaysian Insider

KUALA LUMPUR, July 4 — Human rights group Amnesty International today demanded the government either immediately released Bersih 2.0 activists or charged them in court, instead of using detention without trial laws.

Police have detained six Parti Sosialis Malaysia (PSM) members under the Emergency Ordinance since last Saturday for investigations that they were "waging a war against the Agong" as they were found with T-shirts that had pictures of former communist leaders.

"Immediately release all activists or charge them with a recognisable criminal offence, drop unfounded charges, and respect the right to freedom of expression and peaceful assembly," Amnesty International said.

The international non-governmental organisation (NGO) pointed out that Malaysian authorities were arbitrarily arresting and detaining scores of peaceful electoral reform protesters in the "worst repression of free speech and freedom of assembly" in recent years.

Since June 24, more than 100 activists have been arrested or questioned by police over their support of an electoral reform rally.

The demonstration is being planned for July 9 by the Coalition for Fair and Free Elections, also known as Bersih 2.0, meaning "Clean".

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

People have been arrested for as little as wearing yellow, which is the colour of Bersih 2.0, are being held without charge, and face investigation for sedition and unlawful assembly.

The government had also threatened to invoke the Internal Security Act over the rally, allowing for indefinite detention without trial.

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

On June 29, police raided the office of the Bersih 2.0 secretariat without a warrant, briefly detaining seven people and confiscating laptops, cameras and rally materials. 

The chair of the Bersih 2.0 organising committee, prominent lawyer Datuk Ambiga Sreenevasan, and Malaysian poet laureate A. Samad Said are both being investigated by police under the Sedition Act and Police Act for organising an "unlawful assembly".

Bersih 2.0 is Najib’s biggest challenge

Posted: 03 Jul 2011 11:23 AM PDT

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By Ooi Kee Beng

As July 9 looms closer, the administration of Malaysia's Premier Najib Abdul Razak feels itself more and more pushed into a corner.

This coming Saturday threatens to be a day of reckoning for his administration, which from the beginning preferred tweaking the system to reforming the system. Now, two years after he took power from Prime Minister Abdullah Badawi, another leader who failed to live up to his own reformist image, he is running out of options.

At the same time, many of his countrymen have run out of patience. Even those sitting on the fence had been hoping against hope that the Barisan Nasional would be able to somehow reverse the degradation of governance that the country has suffered since the days of Dr Mahathir Mohamed.

A non-government organisation calling itself Bersih 2.0 is arranging a huge demonstration in Kuala Lumpur on July 9 to demand electoral reform. The first time such a rally happened was on November 10, 2007. That had amazing results. An estimated 40,000 people took to the streets wearing yellow to symbolise loyalty to the King, not the government.

A huge Hindu rights rally followed a few weeks later and the impetus from these protests almost floored the Barisan Nasional government in the general election that followed soon after.

Now with the many deliberate signals sent by Prime Minister Najib recently that fresh elections might be around the corner, there is reason to believe this second Bersih rally will hold great consequences for the country's democratic development. The government certainly believes so and has been making arrests for offences such as wearing yellow T-shirts and even the "hidden" wearing of the apparently seditious apparel.

Solidarity rallies in support of Bersih 2.0 are planned in Seoul, Canberra, Melbourne, Sydney, Osaka, Los Angeles, San Francisco and New York and perhaps other places as well. In Kuala Lumpur, at least twice the number of participants as before is expected to march for fairer elections.

As before, a memorandum with eight demands will be handed to the King. No demonstration permit has officially been sought by Bersih 2.0 or Perkasa, the right-wing Umno-supported group that will be carrying out a counter demonstration.

Umno Youth, which under Mr Khairy Jamaluddin will also hold its own march on that day, has formally applied for a permit.

In what seems like a bad overreaction, Home Affairs Minister Hishammuddin Hussein has banned Bersih and arrested members of the Parti Socialis Malaysia while taking no action against Umno Youth and Perkasa, despite threats of racial violence from the latter.

Perkasa's eccentric leader, Mr Ibrahim Ali, has been issuing warnings to Chinese about taking part in the demonstration. This makes little sense since a large majority of the marchers are expected to be followers of Parti Islam SeMalaysia.

In truth, the government's unwillingness in recent months to charge Mr Ibrahim with sedition or take the Umno newspaper Utusan Melayu to task for making statements of this kind, has been a source of anger for many.

Electoral fairness

To be sure, demanding electoral reforms has shown itself to be a cogent way of mobilising Malaysians and increasing their political involvement. There are different reasons for this.

First, a democracy's credibility and efficacy depends on the perceived fairness of the electoral system and Malaysia's has not met that for a long time now. This point is intuitively understood by the common man and woman.

Second, electoral fairness is an issue that does not turn racial easily and has therefore functioned well as a lightning rod for general discontent.

Third, there have been many by-elections in Malaysia and these cannot help but showcase official disregard for clean and fair elections.

What Prime Minister Najib should be learning from this is that his barrage of reform terms — 1Malaysia, New Economic Model, Economic Transformation Program or Government Transformation Program — suffers a serious credibility problem. His coalition may not have lost much ground but it has not gained any either, as the recent Sarawak state election showed. Now in his third year as prime minister, his failure to be decisive on reform is perceived as conscious policy, and not the result of inexperience or bad advice.

His nemesis — Pakatan Rakyat, the opposition coalition — has survived three impressive years and more and more Malaysians now believe that elections can lead to change even when the dice are loaded in the government's favour. Should the demanded reforms be carried out, the ruling Barisan Nasional would lose more ground in the next elections.

To conclude, the fourth and most important reason for civil society to call for electoral reforms is that the demands are clearly sensible.

The fact that things are now coming to a head and the police are making arrests with no credible legal grounds, shows the inefficacy of parliamentary debate in Malaysia today and the government's inability to reverse the wave of dissension that has been growing since before the first Bersih demonstration in 2007. — Today

* The writer is a Senior Fellow at the Institute of Southeast Asian Studies.

Malaysia in the Era of Globalization #72

Posted: 03 Jul 2011 11:07 AM PDT

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Chapter 9: Islam in Malay Life

Authoritative Versus Authoritarian Ulamas and Scholars

M. Bakri Musa

Then there are such irrelevant issues as who can and cannot partake in these debates. There are those ulamas and scholars who feel that only they are qualified enough to partake in such heavy issues. The rest need merely follow their dictates. They are not so much authoritative as much as authoritarian, to use Khalid El Fadl's words.

It reminds me of the bad old days of imperious doctors who behave like Gods; their utterances and decisions cannot be challenged, least of all by the laity. Thank God, those days are gone. Today physicians fully engage their patients and they in turn participate fully in decisions affecting themselves. The seeking of second and alternate opinions is now standard practice.

Take the issue of Islamic scholars, another very contentious one. Much of the confusion and the ensuing controversies revolve around the different meanings of basic terms. I can best illustrate this by using the example of surgical scholars. In the academic department I was once associated with, among my colleagues were a veterinary doctor, a biochemist, and an engineer. In standing, pay and prestige, these professors of surgery were no different from the other "operating" professors of surgery, the clinician surgeons. They taught medical students and would-be surgeons, and published in surgical journals. But if one were to have appendicitis, one would not ask these "non-operating" professors to operate. If someone were stupid enough to do so, he or she would be politely if not embarrassedly referred to the "real" surgeons in the department.

Similarly there are Islamic scholars and there are ulama. One can learn a lot about Islam – both the discipline as well as the faith – from Islamic scholars; but in performing funeral rites or reciting the Surah Yaseeen (requiem), one needs the ulama. In medicine there are strict rules as to who can treat patients. Apart from specific training, he or she has to be properly licensed. Anyone not so licensed, no matter how competent, could be charged with fraud and criminal assault were they to practice as physicians. This is to protect the public.

No such statutory delineations occur in the practice of Islam, and rightly so. Islam, unlike other religions, lacks a proscribed clergy class. In Islam it is we mortals and Allah, there being no need for an intermediary. There are no priests, bishops, or pope in Islam. Sure we have an imam, but to paraphrase an ancient saying, he is imam because we, the flock, call him so. His power and prestige are derived from and not imposed upon the congregation.

The present heavily bureaucratized Islam, with ulama placed on salary schemes and acquiring all the other accouterments of the civil service, is purely a Malaysian phenomenon. No surprise then that these modern day ulama behave like their petty counterparts in the civil service – very conscious of their turf. Thus, instead of engaging in a scholarly fashion with those who disagree with them, these ulama treat new ideas as potential threats. Hence the ugly specter of the president of the Muslim Scholars Association filing a police report against writers he disagreed with, instead of publishing his own scholarly rebuttal!

This is not a surprise considering the training these ulama had undergone. They are not so much being educated as being indoctrinated. The quality of their scholarship, certainly when viewed from the vantage point of Western scholarship adept at critical thinking and "deconstruction," is severely wanting. Their training is akin to that of students of classical music. Classical musicians are trained not to interpret but simply to follow the path of their masters before them. Improvisations or novel interpretations are not expected or welcomed. If you do, you may end up playing for the local jazz band instead. Only when you have become a Glenn Gould could you establish your own style. Until then, no fancy incidental notes or flourishes in phrasing. Follow the score as it is written.

Likewise the ulama; they are not expected to put forth any new thought or to question. Indeed such critical thinking and novel interpretations are viewed suspiciously as the devil's machinations. Occasionally one may get an alim, who, having mastered the existing state of knowledge, goes on to make his own seminal contributions. There were many such outstanding individuals in the history of Islam. Some were successful in blazing new trails in the understanding of our faith, but most ended up being marginalized or worse, labeled as apostate –and treated accordingly.

What is threatening the world of the traditional ulama today is not the "orientalist" secular Islamic scholars like Patricia Martinez and Farish Noor, rather the emergence of ulama trained in the traditional madrasah system who then went on to be exposed to the rigors of Western scholarship. In the past such scholar-ulama were denigrated back in their native lands, but with the heightened interest in Islam in the West, these individuals are now eagerly sought after by leading Western universities. From their vantage point there, with its superior supporting structures and generous funding, this new breed of scholar-ulama are spreading their views onto the wider Islamic world. With their madrasah credentials, they are as erudite and exquisite in their tajweed (rendition of the Qur'an) as the best of Al Azhar.

The Islamic faith is invigorated with this new breed of scholar-ulama like UCLA's Khaled Abou El Fadl and Duke University's Ebrahim Moosa. These distinguished scholars, steeped in the traditional as well as Western scholarship and well versed in Arabic (the language of Islam) as well as English (the language of technology), will take Islam to greater heights. El Fadl is also remarkable in that he has a personal library of over 6,500 Islamic texts and manuscripts, some dating as far back as the 13th Century. More importantly, these enlightened scholars present a refreshing face of Islam to the modern world, a view more in consonant with the ideals of the faith as revealed to our prophet (pbuh) – a much-needed antidote to the rabble rousing and fatwa-issuing likes of Osama bin Ladin. These modern scholars spread the word of Islam not by issuing endless edicts but by the power of their intellect and the logic of their arguments. As the Iranian scholar Abdoolkarim Soroosh noted, the Qur'an is divine; its interpretation is human. The text of the scripture is silent; it is up to us to make it speak. These enlightened scholars have given a fresh voice to the Qur'an.

Much of the present understanding of Islam comes from the works of dedicated scholars, Muslims and non-Muslims alike. All Muslims should value their contributions. They complement our ulama. Confusion arises only when scholars try to assume the trappings of an alim, or when ulama take on the pretensions of a scholar.

For Malays, Islam is the central element of our culture; it also defines Malayness. Legally, a Malay is someone who regularly practices the Malay culture and professes Islam. Malays belong to the mainstream Sunni sect. But what is more important at the daily level is that Islam in Malaysia is what the government bureaucrats deem it to be. Anyone straying from this "straight path," as defined by the government's ulama, risks being branded as a subversive or "deviationist," and will suffer the worldly consequences (like being incarcerated under the ISA).

Islam arrived in the Malay world in the 15th Century by way of Muslim traders. It did not land on a cultural vacuum as Malays then were already steeped in Hindu beliefs and animist traditions. Many Malays today would want to deny this aspect of our past, to wipe the slate clean. This tendency to overlook what present-day Islamists view as less-than-pristine "unIslamic" past is not an affliction peculiar only to Malays. The Japanese have yet to come to terms with their role in World War II. Thus the preoccupation of Malays today in trying to "cleanse" and "purify" the faith, while misguided, is understandable. The difference between the Talibans blasting to smithereens the ancient Buddhist monuments and Malaysian Islamists desecrating Hindu temples is only a matter of degree.

Sadly, much of the world today view Osama bin Ladin and his band of the Talibans as representing the essence of Islam. Unfortunately many Islamic leaders and scholars implicitly encourage this misconception by not condemning unequivocally the criminal activities of these extremist Muslims. As the late Sudanese reformist Mohamad Taha observed, religious fanaticism is inalienable from religious ignorance. It is out of ignorance of the basic tenets of Islam that these fanatics view this world as hostile, and not as God's wonderful gift to mankind. The challenge is to enlighten Muslims especially those in Malaysia to the pristine message of Islam.

Next: Shari'a in a Plural Society

 

Defined research criteria

Posted: 03 Jul 2011 11:02 AM PDT

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By R Nadeswaran, The Sun

THE horror stories one hears about government grants, especially meant for research, can make a few chapters if a revised edition of Grimm's Fairy Tales is published.

From mark-ups to non-existent activities, we have been told, money has been doled out without question and in many cases without proper answers.

In short, money meant for use in efforts to create new and innovative products and resources that will assist the country have literally ended up in the pockets of a few masquerading as researchers and scientists.

Just how much has been allocated for research is not known because each ministry or government agency has been doling out money under what each terms "our budget".

The system of dishing out grants in Malaysia has never been transparent and neither has any expertise been enlisted to scrutinise the proposed research or budget. On top of that, the results and findings of the research (in many cases) were never asked for nor given.

As this is being written, a journalist from Malaysia has alerted me to the Sports Ministry spending RM6 million to have a foreign company "conduct a study on sports in Malaysia".

What results they can or will produce are unknown, but on what basis the company was chosen is as hazy as the low clouds which hover over Genting Highlands. There is no need to submit the methodology, the reasons for the study and how it would help the country.

Last week, I met a Malaysian student who had applied for a grant of £750 (RM3,675) to undertake a study at the Marquette University in Wisconsin during the summer break for his dissertation on A comparison of sports gambling laws in Malaysia, the UK and the US. He had to write a 500-word essay on what he intends to do and the proposed budget. He then had to appear before a panel and present his ideas and what he intends to achieve.

Sorry for the digression, but for the first time, we are seeing some semblance of regulated criteria (including making presentation and competing with each other) to be used when applications are made for public funds.

But there's no reason to cheer because we have been told that there's a massive opposition to such a move because some of our government agencies and their civil service heads feel that their turf and authority are being undermined.

If such opposition is against wastage or excessive spending, everyone will join in a chorus of condemnation. However, in this case, the objection is to some form of accountability of public money.

As the National Innovation Policy under the auspices of the Prime Minister's Department is about to be unveiled, the ground rules have been put in place by the Special Innovation Unit (Unik) which oversees the funding.

But the guns have already been drawn by those who cannot meet the basic require-ment – tell us your aims and expectations from the research for which you are seeking funds.

Spending millions on why thousands of migratory birds end up at the Tenaga Nasional Power Station in Kapar is not going to be beneficial to Malaysians except for the handful of bird-watchers and conservationists.

Similarly, if money is spent on research on goat farming, the results must be made available to everyone – not exactly the researcher, his family and friends.

Some ministries and government agencies, we have been told, are up in arms because they "were not consulted" when the rules were drawn up. But since when did anyone care about consultation when rules and regulations were drawn up arbitrarily when they dished out the cash?

It has often been said that public money should be used prudently and there's a saying "treat people's money as if it was yours". There's no better reason for openness, transparency and accountability than that the money being utilised belongs to millions of Malaysian taxpayers.

With calls for belt-tightening and prudent spending, Unik must stand firm against attempts to browbeat a stand which all right-thinking Malaysians will support.

For some, change may be difficult to accept and comply with, but no one will benefit if old wayward conduct does not change.

Those seeking government handouts must come with clean hands and conduct themselves in a manner befitting the requirements of prudence and caution in spending money which does not belong to them.

The civil servants objecting to the new requirements may be little Napoleons in their respective territories, but they must adhere to rules, regulations, procedure and requirements – however harsh they may appear.

There's no such thing as a free meal, and the sooner these people realise and accept this reality, the better it will be for the nation and its people.

Kredit: www.malaysia-today.net

Malaysia Today - Your Source of Independent News

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A Deplorable Abuse of Power

Posted: 03 Jul 2011 10:58 AM PDT

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By William Leong

The Barisan Nasional Government by detaining Dr Jeyakumar Michael Deveraj, Member of Parliament for Sungai Siput together with five others under the Emergency Ordinance has committed a deplorable abuse of power.

The Emergency (Public Order and Crime Prevention) Ordinance has been used as a shortcut by police to detain persons suspected of criminal offences when there is insufficient evidence to convict them in a court of law. The EO itself is therefore an unjust law as it allows a person to be detained indefinitely without trial. It is now used not against persons suspected of committing crimes but for political purposes. The detention of these persons under the EO is therefore all the more reprehensible for this reason.

Dr Jeyakumar and the others namely; M Saraswathy, Choo Chon Kai, M Sukumaran, A Letchumanan and Sarat Babu were detained on the ground that they were promoting Bersih 2.0. Bersih 2.0 is a rally organized by a non-government organization calling for clean and fair elections. It is a call to ensure that the electoral system is not manipulated. A government is not democratically elected just because the motions of carrying out elections are held.

When elections are manipulated to defeat the will of the people then the very essence of democracy is nullified. Bersih 2.0 is held to call on the Election Commission to ensure that the government to be elected by Malaysians will be done by those who are doing the voting and not those who are doing the counting. All political parties who uphold democracy should support Bersih 2.0. However Barisan Nasional has not only objected to the call for clean and fair elections but has used the police as a tool to stop the rally. Unless this is rectified immediately the police force will be seen to be an instrument for political oppression.

It is wrong to take away the liberty of an innocent person without just cause. It is evil when it is done for the purpose of maintaining in power a regime that has lost its popular support. If the Barisan Nasional is confident of its popular support then there is no cause for stopping the Bersih 2.0 rally.

I call on the Barisan Nasional Government and the Police to release Dr Jeyakumar and the others immediately. Failure to do so will mean that the Government has used the law not for the purpose of maintaining the security of all its citizens but to maintain itself. Such conduct by a government amounts to the repression and oppression of its citizens.

I wish to remind the Barisan Nasional Government that history shows us that all repressive regimes can only maintain a grip on power for a limited time. A Government that seeks to cling on to power through electoral fraud and police repression has no moral authority to govern and is illegitimate. The limits of an oppressive regime are prescribed by the endurance of the people oppressed and the tipping point is reached sooner than later.

The action taken in the past few days to arrest and detain those wearing yellow or who referred to Bersih 2.0 in their speeches have caused the people to think that the Government has lost its mind. The thought that so many innocent people are being punished without just cause is intolerable. It is hoped that sanity and good sense will prevail and the Barisan Nasional Government reconsiders its position, permit the Bersih 2.0 rally to be held peacefully and release all those arrested.


WILLIAM LEONG JEE KEEN is MP for Selayang

The lines are finally drawn

Posted: 03 Jul 2011 10:49 AM PDT

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A lot of people will say that this is a last resort action to deter Malaysians from participating in the forthcoming rally. Many more will say that this is done to justify the eventual mass arrests on the streets come Saturday the 9th, especially when the foreign press are looking and reporting about it. Could the real reason be that the government is using this rally as a line marker?

By tekak mendalam

The government is not dim-witted when they decided to outlaw BERSIH as much thought must have been placed into making this drastic decision. This is not the militant Hindraf demanding cash compensation but an independent election watchdog organization.

A lot of people will say that this is a last resort action to deter Malaysians from participating in the forthcoming rally. Many more will say that this is done to justify the eventual mass arrests on the streets come Saturday the 9th, especially when the foreign press are looking and reporting about it. Could the real reason be that the government is using this rally as a line marker?

In the weeks leading up to this rally, the local media have been coerced to label those involved in this rally as communists and outlaws. Additionally, many reports were published in the mass media whereby the pro-Ketuanan Melayu factions are signifying this assembly as a rallying point for non-Bumiputras to take over the country, ignoring the fact that many of the Rakyat supporting this rally are Bumiputras themselves. 513 is once again touted and Kerismuddin is now hard at work polishing his crooked shaft for his much-repeated performance again. Could these pro-Ketuanan Melayu factions be under direct instructions from the Fourth Floor to reignite race politics, as the remaining option, in face of the forthcoming general elections?

The possibility of Pakatan Rakyat forming the next federal government is very real and BN knows it. Kelantan, Penang, Selangor and Kedah are all almost a shoo-in. So is Perak after the last BN debacle there as Perakians do have long memories. Perlis, Terengganu, Melaka and Negeri Sembilan are half chances as the registered voters there would have known that they possess a viable option now (as proven in 2008). Only Johor and Pahang remain as the last BN strongholds in West Malaysia. Is BN running scared? Will MCA and MIC be following the footsteps of PPP? Bet on it.

BERSIH is a rally for fair elections whereby a candidate wins at the polls because the voters voted him in and not because of phantom voters, missing poll boxes, postal votes or setting up a military camp there. For a standing government to be hostile against it means that they are against fair elections and why would a political party be against it unless they had retained power through unfair methods? Permit me to rephrase that, "A standing government that utilizes its authority and power to ensure success at the polls through illegal means and manipulation will definitely be against fair elections". It is the terror of losing this power to the Opposition that makes them utilize all resources to ensure that they retain power.

Additionally, it is also the fear of being investigated and eventually charged for past crimes and corruption should they lose at the polls that these people are going all out to prevent the Opposition from taking over, and by whatever means at their disposal and regardless of the consequences. Retaining power remains the one and only priority.

If you look at the Opposition party, you will become aware that they are very quiet at this stage in time when the rally is only a week away. They led the last BERSIH rally hand-in- hand in the frontlines. What about BERSIH 2.0? The reason might be instilled in the fact that the federal elections are around the corner and automatic disqualification for being arrested will not do them any favor since Simpang Renggang or Kamunting are far from their constituencies. Pakatan candidates will henceforth not do BN a favor by participating and hence precipitating a Mamak II as in 1987 aka Ops Lalang.

The government is even scared shitless as this rally is eventually and ultimately led by the common Rakyat, regardless of race, creed and religion, and not the Opposition politicians. It substantiate that their traditional "tried and tested" official party policy of separating the voters into race camps are no longer functioning well and this could spell a losing proposition in the next general elections, a risk they are not willing to partake in, and consequently the sledgehammer. By depicting this rally as an overt action instigated by the communists and outlaws, they are once again trying to separate the Malaysians, as their rigid "divide and conquer" mentality comes into play assisted by the 14th BN coalition member who will use the Emergency Ordinance (EO) to make mass arrests – a less complicated process as making arrests under the ISA would require the Home Minister to sign all the warrants (and he can't bloody well put down his crooked shaft, right?).

The question now is whether the rally will go on (or not) but the damage is already done. Either way, BN will lose something here but permitting the BERSIH rally to happen might prove to be the lesser damage in the next general elections. However, who am I to tell them otherwise? Maybe the Agong can…

 

Malaysians abroad calls for end to repressive crackdown in Malaysia

Posted: 03 Jul 2011 01:00 AM PDT

PRESS RELEASE- Bersih 2.0 Global Solidarity Network

The events unfolding in Malaysia in the lead up to a rally calling for electoral reform on 9 July 2011, by Bersih 2.0, a civil society coalition,  have jarred a nerve with many Malaysians living abroad.

In the wake of the government crackdown, over the last week, of the legitimate rights of the Malaysian people to peacefully demonstrate, a Bersih 2.0 Global Solidarity Network has sprung up with co-ordinated action and support developing in Australia, the United Kingdom, Taiwan, Switzerland, Austria and United States to date.

Global solidarity walks and demonstrations have been planned on the 9th of July 2011 in London, Taiwan, Sydney, Melbourne, Cranberra, Brisbane, Adelaide, Perth, Los Angeles, San Francisco, New York and Washington in the pursuit of clean and fair elections in Malaysia.

Since the 24th of June 2011, more than 100 activists have been arrested or questioned by police for their role and participation in activities related to the mass rally calling for electoral reform on the 9th of July 2011. Most recently, on the 2nd of July 2011, six people arrested on the 25th of June 2011 in Penang were re-arrested under the Emergency Ordinance a law which allows for indefinite detention without trial.

We believe the incidents above are clearly politically motivated and are aimed at intimidating the Bersih 2.0 organisers, political activists and the wider public from going ahead with the planned rally on the 9th of July.  This crackdown shows an utter disregard for freedom of peaceful expression and assembly, a right which is guaranteed in the Universal Declaration of Human Rights and  under Article 10 of the Malaysian Constitution. We believe by continuing these scare tactics, the Malaysian government is seriously damaging the country's reputation abroad.

There remains a growing concern that the government and associated right wing groups such as PERKASA and PERKIDA might attempt to orchestrate violence at the peaceful rally and use it as an opportunity to arrest many human rights activists and opposition leaders under Malaysia's notorious Internal Security Act that allows for indefinite detention without trial.

We call on the Malaysian government to:
•    Release all activists who have been arrested immediately and unconditionally and drop all unfounded charges against them;
•    Ensure all those detained have access to lawyers, their family members and any medical care they may require;
•    Stop the use of repressive laws such as the Emergency Ordinance, Police Act and Sedition laws to criminalize peaceful political activities;
•    Respect the right to freedom of expression and peaceful assembly
•    Conduct itself in a manner that is befitting of a member of the UN Human Rights Council and in doing so earn the respect of the international community and the Malaysian people it serves.

Please take positive action and attend a solidarity walk near you.

Bersih 2.0  Australia

Canberra's Update:


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

Time: 12.30pm

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

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Sydney's Update:

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

Date: 9th July

Venue: Sydney CBD Town Hall

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

***********************************************************
Melbourne's Update:

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

Date: 9th July

Venue: Federation Square

Time: 1.30pm

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

Perth's Update:

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

Date: 9th of July

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

Time: 1.30pm

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Adelaide's Update:

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

Date: 9th of July

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

Time: 2pm

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

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Brisbane's Update:

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

Date: 9th July

Venue: Brisbane Square

Time: 11.00am

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

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Hobart's Update:   NEW EVENT!

Event Page - http://www.facebook.com/event.php?eid=196553820393667

Date: 9th July

Venue: Parliament House Lawns, Salamanca Place, Hobart

Time: 1.30pm

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Bersih 2.0 London

Date : 9th July 2011

Time: 12-2pm

Location :  Meet Malaysian High Commission, Belgrave Square at 12pm sharp
                  (nearest Tube Station Hyde Park Corner)
                  12.20-2pm Solidarity Walk ending at Trafalgar Square

http://www.facebook.com/home.php#!/pages/Bersih-20-UK-Walk/111909382231134

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Bersih Taiwan

Date : 9 Julai 2011

Time : 2.00pm

Location :  The National Chiang Kai-shek Memorial Hall, Liberty Square,Taipei
...
Please try to wear yellow clothing and bring your umbrella
請各位身穿黃色衣服,並攜帶雨具。歡迎大家自行攜帶符合集會主題的訴求工具(如海報、大字報、布條等)

以下為當日的主要流程,另外我們也歡迎提供對流程的意見:

1. 向出席者説明主辦此次集會的目的與意義
2. 念訴求
3. 輪番演講(如莊迪澎先生)
4. 現場交流
5. 出席者簽備忘錄(將交到馬來西亞駐台辦事處)

http://www.facebook.com/event.php?eid=192990560751119

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Bersih 2.0 USA

San Francisco's update

Date: 9th July 2011

Time: 9.30-12.20pm

            Location : Chrissy Field Picnic Area (near Warming Hut), Presidio, San
            Francisco

http://www.facebook.com/event.php?eid=213741041997443

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Los Angeles Update

Date : 9th July 2011

           Time  : 10:00 - 13:00

           Location : Pershing Square, Downtown LA  532 South Olive Street
                            Los Angeles, CA

http://www.facebook.com/event.php?eid=113221532103019&ref=ts

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New York City Update

Date :  9th July 2011
            Time : 10:00 - 13:00

           Location  : Consulate General of Malaysia , 313 East 43rd Street ,New York, NY

http://www.facebook.com/event.php?eid=181904048529782

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Washington

Date : 9th July 2011

Time  : 14:00 - 17:00

Location : Embassy of Malaysia, Washington ,3516 International Court Northwest, Washington, DC

http://www.facebook.com/event.php?eid=222120537822082

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Bersih 2.0 Paris

Date : Saturday 9th July 2011
Time : 2-4pm
Place: Place du Trocadéro, 75016 Paris
Metro: Trocadéro (lines 6 and 9)

http://www.facebook.com/home.php#!/event.php?eid=166717446726635

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Background

Despite the Malaysian government working hard to sell Malaysia as a tourist destination and being a member of the UN Human Rights Council, it remains clear that its dismal human rights record leaves much to be desired.  The Malaysian people continue to find their civil liberties and basic human rights curtailed on a daily basis by a range of repressive laws. Corruption and a lack of government accountability and transparency continue to be seen as real problems by many Malaysians.
 
One of the biggest threats to developing a mature democracy in Malaysia is the impediments to free and fair elections. Malaysia's elections are frequently marred by gerrymandering, money politics, phantom voters, voter buying, rigging and various other fraudulent practises. Malaysia's Prime Minister Najib Tun Razak has in two recent by-elections been caught on video offering millions of ringgit to voters in exchange for their votes.

In 2005, the Coalition for Clean and Fair Elections (Bersih 2.0) was formed. It is comprised of Malaysian civic and human rights organisations campaigning for electoral reforms and independent monitoring of elections in the country. Bersih 2.0 plans to hold a mass rally on 9 July 2011 to demand, among others, fair access of all political parties to the media, reform of the discriminatory postal ballots system and a revision of the electoral roll to address irregularities for the upcoming 13th General Elections to be held in mid-2012. A similar rally in 2007 attracted over 40,000 supporters and was conducted in a peaceful and organized manner. It was re-launched in 2010 as BERSIH 2.0, still with eight (8) basic demands, which including (1) cleaning up the electoral roll (2) Reform the postal ballot (3) Use indelible ink (4) Minimum 21 days campaign period (50 Free and fair access to media (6) Strengthening public institutions (7) Stop corruption (8) Stop dirty politics.

On the 25th of June 2011, 30 activists from the Parti Sosialis Malaysia were arrested by the police in Kepala Batas, Penang. They were accused of 'reviving the communist ideology' and have been remanded under Section 122 of the Penal Code for "waging war against the King.

On the 27th of June 2011, the chairperson of Bersih 2.0, Datuk Ambiga Sreenevasan and poet Datuk A. Samad Said were summoned to the Dang Wangi police station. Both are being investigated under Section 27(5) of the Malaysian Police Act for organising an "unlawful assembly" and Section 27(5) of the Sedition Act.
 
On the 29th of June 2011, police officers from the Selangor State Headquarters raided the office of the the Bersih 2.0 Secretariat without a warrant. They arrested 7 people and confiscated laptops, cameras as well as materials prepared for the rally including t-shirts, leaflets, banners and placards.  On the 30th of June 2011, police arrested four people in Ipoh, including a member of parliament and state assemblyman, while they were meeting voters wearing yellow clothes, the official colour of the Bersih movement. On the 2nd of July, six of those arrested were charged under the Emergency Ordinance, a law that allows for indefinite detention without trial.


Press contact :
Josef Roy
Tel : ++ 44 (0) 794260804

Yolanda Augustin
Tel : ++ 44 (0) 7894319056

Email: bersih2.0global@gmail.com
 

Kredit: www.malaysia-today.net

Malaysia Today - Your Source of Independent News

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Bersih 2.0 berusaha menghadap Agung

Posted: 03 Jul 2011 03:23 PM PDT

Menurut kenyataan yang dikeluarkan oleh sekretariat Bersih 2.0, "Kami akan berkomunikasi dengan Yang Dipertuan Agung sebelum membuat keputusan akhir."

Pagi ini Pengerusi Bersih 2.0, Datuk Ambiga Srevanasan bertemu dengan bekas Perdana Menteri, Tun Abdullah Ahmad Badawi.

Ini adalah bertujuan untuk menyelesaikan situasi sekarang, kata satu kenyataan yang dikeluarkan Sekretariat Bersih melalui Twitter mereka.

Petang semalam Yang Dipertuan Agung, Tuanku Mizan Zainal Abidin mengeluarkan titah agar diadakan rundingan antara pihak Bersih dan kerajaan.

Baginda juga mengarahkan kerajaan agar melaksanakan segala amanah yang diberikan rakyat secara adil dan bijaksana serta menyelesaikan masalah dengan rundingan.

Titah ini dikeluarkan baginda seminggu menjelang perhimpunan Bersih 9 Julai ini dengan kira-kira 100 orang sudah ditangkap kerana dikaitkan dengan perhimpunan itu.

Timbalan Ketua Polis Negara pula telah mengeluarkan kenyataan pintu rundingan sudah ditutup dan akan menahan pihak yang terlibat dengan perhimpunan ini.

Menurut Tuanku Mizan, baginda mengikuti dengan teliti akan perkembangan cadangan Kumpulan Bersih untuk mengadakan perarakan dan perhimpunan beramai-ramai yang bertujuan untuk menyerahkan memorandum kepada Beta selaku Yang di-Pertuan Agong, dan bagaimana pihak kerajaan menangani isu ini khususnya agensi-agensi dan jabatan-jabatan yang terlibat.

Bantah tahan PSM

Sementara itu, Bersih 2.0 dalam kenyataannya mengecam keras tindakan polis menahan enam pemimpin Parti Sosialis Malaysia (PSM) yang ditahan di bawah Akta Dharurat.

"Ia sama seperti ditahan di bawah ISA," kata satu kenyataan Bersih 2.0.

Semalam, Setiausaha Agung Parti Sosialis Malaysia (PSM) S. Arutchelvan (gambar) membuat laporan polis terhadap Menteri Dalam Negeri Datuk Seri Hishammuddin Hussein, Ketua Polis Negara Tan Sri Ismail Omar dan timbalannya Datuk Khalid Abu Bakar kerana melemparkan tuduhan palsu terhadap lima aktivis parti itu termasuk Ahli Parlimen Sungai Siput Dr Michael Jeyakumar.

Selain Michael, turut ditahan di bawah Ordinan Darurat adalah  M Saraswathy, Choo Chon Kai, M Sukumaran, A Letchumanan dan Sarat Babu.

Kesemua mereka ditahan di bawah Seksyen 3 (1) Ordinan Darurat (Ketenteraman Awam Dan Mencegah Jenayah) 1969 yang membolehkan ditahan selama 60 hari tanpa perbicaraan.

Kata Arutchelvan (gambar), sebelum ini kesemua mereka ditahan di bawah Seksyen 122 Kanun Keseksaan iaitu dakwaan melancarkan perang ke atas Yang di-Pertuan Agong namun telah dibebaskan daripada tuduhan itu.

"Kemudian semalam polis membuat tangkapan semula di bawah Seksyen 3 (1) Ordinan Darurat kerana kononnya terdapat sebab-sebab untuk mempercayai yang mereka  telah bertindak mengikut apa-apa cara yang memudaratkan ketenteraman awam.

"Ini adalah tindakan salah guna kuasa di mana polis bersembunyi di belakang undang-undang zalim ala ISA (Akta Keselamatan Dalam Negeri). Polis dan KDN (Kementerian Dalam Negeri) juga tahu bahawa ISA tidak lagi popular sehingga terpaksa mengunakan undang-undang darurat yang ramai orang tidak mengetahuinya," katanya dalam laporan polis itu.

Tegas Arutchelvan, Ordinan Darurat digunakan ke atas individu yang melakukan jenayah berat dan bukan berunsur politik.

"Mereka berenam ini adalah tahanan politik pertama dituduh di bawah Ordinan Darurat yang masih digunakan di zaman tidak ada darurat.

"Maka tujuan sebenar Ordinan Darurat digunakan adalah untuk menghindar orang dari menyertai perhimpunan aman Bersih 2.0. Semua alasan dan kenyataan lain adalah tipu muslihat dan agenda memperbodohkan rakyat," katanya.

Minggu lalu kesemua mereka ditahan berhubung Himpunan Bersih 2.0 bersama 25 yang lain.

 

Baju BERSIH - 17 Ahli PAS Jasin Ditangkap Di Kompleks PAS Jasin

Posted: 02 Jul 2011 08:39 PM PDT

Antara yang ditahan ialah Ketua Dewan Pemuda PAS Negeri, Yuhaizad Abdullah, Ketua Penerangan PAS Kawasan Jasin, Fauzi Maelah, Adnan Abu, Ali Mahadi, Abd Hannan, Ibrahim Talib, Ust Hasri, Ust. Sofi, Azizan Anuar, Tn Hj Samsudin dan beberapa ahli PAS Jasin.

Polis bertindak masuk ke perkarangan Pejabat PAS Jasin di Simpang Kemendor dekat sini kira-kira jam 1.00 petang sebaik sahaja selesai Seminar PAS Ganti Umno yang dianjurkan oleh PAS Kawasan Jasin yang bermula pada jam 9.00 pagi.

Seramai 30 orang anggota polis yang berpakaian preman telah merampas kira-kira 200 helai baju Bersih 2.0.

Sementara itu beberapa orang polis yang beruniform yang lain menunggu di luar.

Dalam pada itu kesemua ahli PAS yang ada di perkarangan pejabat tersebut dihalang dari meninggalkan pejabat tersebut sehingga tangkapan dibuat.

Semua kenderaan diperiksa, nama tuan punya kenderaan dan nombor telefon masing-masing diambil.

Sehingga kini dilaporkan pihak polis belum menyatakan secara khusus di atas kesalahan apa yang dikenakan terhadap mereka yang ditahan.

 

Lucutkan kerakyatan Ambiga, desak Pesaka

Posted: 02 Jul 2011 04:27 PM PDT

Presidennya Datuk Seri Ali Rustam berkata perkara ini diputuskan sebulat suara ahlinya kerana bimbang hasrat Ambiga yang ingin meneruskan perhimpunan pada 9 Julai depan akan menyebabkan tercetusnya kembali 'peristiwa 13 Mei'.

"Tak siapa yang untung dalam hal ini. Sebelum terlambat, Ambiga perlu hentikan.

"Biar hilang sorang, jangan hilang ramai orang," katanya dalam sidang media selepas mempengerusikan mesyuarat tertutup bersama guru-guru silat Pesaka seluruh negara di Kelab Sultan Sulaiman di sini hari ini.

Ali yang juga Ketua Menteri Melaka berkata Ambiga perlu bertanggungjawab sepenuhnya terhadap sebarang kemungkinan yang akan berlaku.

"Kalau berminat nak ikut cara negara lain, jadilah rakyat negara lain," katanya.

Tindakan tegas

Beliau turut mempersoalkan tindakan pihak berkuasa yang tidak mengambil tindakan tegas terhadap Ambiga dan penganjur yang katanya jelas akan menggugat kestabilan negara.

"Kerajaan serba salah, nak tengok dulu orang bertempur. Apalah gunanya kalau dah huru-hara baru nak ambil tindakan," katanya sinis.

READ MORE HERE

 

4 juta ahli silat jadi 'perisai negara'

Posted: 02 Jul 2011 08:49 AM PDT

Ketua Menteri Melaka yang juga Presiden PESAKA, Datuk Seri Mohd Ali Rustam, berkata sebagai sebuah gerakan yang berpaksi dan mendaulatkan perlembagaan negara, PESAKA akan sentiasa memastikan Malaysia aman dan makmur.

"Kami tidak akan berkompromi dengan mana-mana pihak yang cuba atau berniat menghina dan menafikan lima prinsip Rukun Negara yang terkandung dalam perlembagaan iaitu kepercayaan kepada Tuhan, Kesetiaan kepada Raja dan Negara, Keluhuran Perlembagaan, Kedaulatan Undang-Undang serta Kesopanan dan Kesusilaan.

"Pada masa sama, kami makin tidak berpuas hati serta tercabar dengan kebiadapan Pengerusi BERSIH, Datuk S Ambiga yang sejak dulu berterusan menghina Melayu dan Islam sehingga berani merancang perhimpunan haram.

"Justeru, PESAKA memberi amaran keras kepada Ambiga supaya menghentikan rancangan menganjurkan perhimpunan haram, Sabtu ini atau berdepan kemungkinan berlakunya kekacauan melampau seperti 13 Mei 1969," katanya selepas menghadiri perjumpaan dan mesyuarat bersama guru-guru silat Malaysia di Kelab Sultan Sulaiman, Kampung Baru di sini, semalam.

Turut hadir, Ahli Dewan Perguruan PESAKA yang juga Pengasas Pertubuhan Seni Silat Lincah Malaysia (PSSLM), Tan Sri Omardin Mauju dan 211 guru silat lincah seluruh negara.

Omardin pula berkata, jika Ambiga berdegil ingin meneruskan perhimpunan haram itu, PESAKA berjanji akan bertindak dan melakukan apa saja untuk memastikan kestabilan negara terpelihara.

"Ambiga perlu bertanggungjawab 100 peratus atas segala implikasi atau kejadian buruk yang bakal berlaku kepada rakyat dan negara akibat perhimpunan haram itu," katanya.

Sementara itu, Persatuan Persatuan Peniaga dan Penjaja Lorong Tuanku Abdul Rahman (TAR) menyerahkan memorandum kepada Ketua Polis Negara, Tan Sri Ismail Omar bagi membantah perhimpunan haram di Ibu Pejabat Polis (IPD) Dang Wangi di sini, semalam.

Persatuan yang menaungi lebih 2,000 peniaga di sekitar Jalan TAR sebulat suara menolak perhimpunan itu diteruskan kerana boleh menjejaskan sumber pendapatan mereka.

Pengerusinya, Che Kamarudin Ibrahim berkata, demonstrasi jalanan bukan saja melumpuhkan kerancakan ekonomi malah merugikan golongan penjaja, peniaga dan negara.

Sebelum penyerahan memorandum itu, kira-kira 1,000 tandatangan peniaga dan orang awam berjaya dihimpunkan bagi menyatakan bantahan perhimpunan haram di kawasan terbabit.

Satu laporan polis turut dibuat di IPD sama bagi mendapatkan jaminan keselamatan daripada pihak polis jika perhimpunan itu diteruskan, Sabtu ini.

 

‘Ambiga jangan fikir kuat’

Posted: 02 Jul 2011 08:40 AM PDT

Perdana Menteri berkata, majoriti rakyat, termasuk lebih 20,000 yang hadir pada Majlis Bersama Rakyat di padang Sekolah Kebangsaan Sri Aman dekat sini, menentang sebarang tindakan pihak terbabit untuk mencetuskan kekecohan di ibu negara sehingga boleh menjejaskan keamanan dan ekonomi negara.

Katanya, sebagai Pengerusi Barisan Nasional (BN) dan Presiden UMNO, beliau boleh mengarahkan ahli-ahli parti untuk berdepan dengan kumpulan tersebut tetapi tidak berbuat demikian kerana mengambil kira kesan buruk yang mungkin berlaku.

Katanya, jika kacau-bilau berlaku, keadaan itu akan menjejaskan kestabilan ekonomi dan menjejaskan perjuangan pemimpin BN terdahulu dalam membangunkan negara sehingga maju ke tahap ini, tetapi hendak dirosakkan oleh Ambiga.

"Jadi, Ambiga janganlah fikir kuat sangat, kita kenal siapa Ambiga. Kita tidak akan tunduk kepada Ambiga sama sekali, kita akan perjuangkan yang benar. Kita simpan kuku kita dulu, kita jangan hunus keris kita sebab kalau ambo (saya) bagi isyarat, semua boleh pakat-pakat turun.

"Kita jangan (turun), sebab kita tidak mahu ada perbalahan terbuka dalam negara sebab bila ada demonstrasi jalanan, mungkin ada orang yang tidak boleh kawal perasaan, boleh timbul huru-hara dalam negara.

"Kita sudah payah bina negara, pemimpin dulu kerja sampai mati nak bangunkan negara, nak jadi Malaysia negara contoh, pemimpin dulu banyak berjasa sebab itu kita hidup dalam negara aman damai. Tapi Ambiga nak rosakkan ini semua," katanya berucap pada Majlis Bersama Rakyat itu di sini, hari ini.

Turut hadir, Menteri Perdagangan Antarabangsa dan Industri yang juga Pengerusi Badan Perhubungan UMNO Kelantan, Datuk Seri Mustapa Mohamed; Menteri Pertahanan, Datuk Seri Dr. Ahmad Zahid Hamidi; Menteri Pelancongan, Datuk Seri Dr. Ng Yen Yen; Timbalan Menteri Kewangan, Datuk Dr. Awang Adek Hussin dan Ketua UMNO bahagian, Zawawi Othman.

Menurut Perdana Menteri, matlamat perhimpunan haram itu bukan untuk membersihkan pilihan raya, kerana ternyata Pas boleh memerintah Kelantan lebih 21 tahun dan pembangkang menang di lima negeri pada pilihan raya umum lalu.

Katanya, keadaan itu menunjukkan demokrasi di negara ini adalah lebih baik dan tidak sama seperti di negara Asia Barat seperti Mesir, di mana parti memerintah memenangi 95 peratus kerusi dalam pilihan raya dan memerintah selama 30 tahun.

Justeru, beliau pelik dengan tindakan Timbalan Presiden Pas, Mohamad Sabu yang sanggup bersekongkol dengan Ambiga dalam gerakan itu bagi merosakkan keamanan negara.

Ini kerana katanya, Ambiga merupakan orang yang cuba mengganggu-gugat Islam, dan UMNO serta BN mesti menegakkan kebenaran.

"Apa sudah jadi dengan pemimpin Pas," soalnya sambil mengingatkan rakyat dalang paling besar di sebalik perhimpunan itu, Ketua Pembangkang, Datuk Seri Anwar Ibrahim.

Dalam pada itu, beliau yang melihat angin perubahan sedang bertiup di Kelantan, menyatakan janji BN untuk membawa pembangunan ke negeri ini sekiranya rakyat Kelantan memberi mandat kepada parti itu.

 

Kredit: www.malaysia-today.net

Malaysia Today - Your Source of Independent News

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Debunking the Bersih 2.0 critics

Posted: 03 Jul 2011 07:02 PM PDT

A number of political commentators have criticised Bersih 2.0 in the news media and blogs. Among these critics are Chandra Muzaffar, Anas Zubedy, Ahirudin Attan (Rocky's Bru) and Mahathir Mohamad.

Their comments would have been welcome if they were honest and holistic assessments of Bersih 2.0. It would have been nice to see the use of sound reasoning. Instead we have faulty argument upon faulty argument, in article upon article.

This is regrettable not just for the dubious ethics with which personal political interests are advanced. It is also unfortunate because the trusting reader becomes confused as to what is true or false and becomes prone to accepting questionable statements and conclusions as truthful.

Misleading arguments and suggestions should not be left standing without a challenge. Here I show seven types of faulty arguments that have been made against Bersih 2.0 and comment on specific examples. It is hoped that the reader would be able to identify them on his own in the future, and be inspired to debate the critic to discover the truth or the best way forward for a given policy.

A. The middle ground

In dealing with what they see as a problem, the critics usually begin with an appeal to the middle path or 'third way'. This is in spite of the fact that a middle ground might fly in the face of logic. They propose a fallacious kind of give-and-take — sacrifice a wheel or two here so as to keep a radiator or fan belt running there. This makes no sense when, for a policy choice or reformist action to truly work or have its intended effect, like a car you need to retain all of its necessary parts. Have yourself a very effective Bersih 2.0 rally, says one commentator, but do it in the pits of Putrajaya where no one hears you (Anas Zubedy in 'Bersih 2.0 — is there a third alternative?', The Malaysian Insider, June 23). Why rally, asks another commentator, when you can have dialogue with the Election Commission and national government — the very same parties that had four years since the first Bersih rally of 2007 to improve the electoral system but did very little (Chandra Muzaffar in 'Understanding the context', The Star, July 3).

The progressive option is not about having Bersih 2.0 or not having it. The progressive option is to reach an immediate agreement for commencing the reform of electoral processes, failing which a Bersih 2.0 march would proceed to inspire change through other mechanisms such as the ballot box. The Agong's call for negotiations should be seen in this positive light. The government should take this as a golden opportunity to wrest the advantage. There is still time for half a week of intensive dialogue between Bersih, the Election Commission and the government to reach an agreement on reform action before 9 July.

B. Exaggeration

The critics also commonly play up unsubstantiated dangers and costs (e.g., by appeal to threat) and play down benefits and mitigating facts (the ignorance of counterevidence). Consider the following commentators' statements pertaining to physical injury and business cost.

"In the first Bersih demonstration on November 10 2007, a number of people were injured. There were similar casualties in the Hindraf demonstration… in the same year." (Chandra Muzaffar)

He reports not how many people were injured (10, 100 or 1,000), what kind of injury was sustained (scratches and scrapes or bullet wounds) and why (whether due to Bersih or Hindraf demonstrators quarreling among themselves or they were hurt as a result of unnecessary, heavy-handed police action). There is also a failure to properly discuss the desirability of the freedom to express fair demands and upholding democratic principles given the risk of scrapes, bruises and such.

It is also difficult to ascertain whether the commentator is sincere in his concern for the marchers and others nearby. Assuming that the planned march goes ahead, he does not ask for the authorities to fully cooperate with the Bersih 2.0 organisers to ensure safety and order. He does not ask of the police to refrain from possibly hurting the marchers. He does not suggest to the authorities to control or remove potential troublemakers such as Perkasa and their 'war general' Ibrahim Ali who openly threatened chaos. The commentator did not even encourage a peaceful, celebratory atmosphere.

"Traders and taxi drivers in the affected areas will inevitably suffer a loss of income. Here again, the past is a good teacher. In previous demonstration in Kuala Lumpur, people in various walks of life had to pay the price." (Chandra Muzaffar)

"Merchants and business organisations need sales during the weekends to survive and make a profit to continue providing employment to the thousands under their care. We cannot afford to lose millions of ringgit every time the rakyat gather to voice concerns."
(Anas Zubedy).

Certain traders and taxi drivers might lose their regular daily income for that day fully or partially, but others at slightly different locations in Kuala Lumpur could benefit. The above two commentators refuse to see that benefits could also accrue to the shuttle-bus, energy, merchandise and food and beverages businesses as a result of there being a mass concentration of consumers about town.

There are also those benefits that are unquantifiable in monetary terms: the camaraderie between participants of different races and beliefs; the greatly broadened public awareness about the importance and urgency of electoral reforms; and the sense of empowerment people feel about being able to shape their collective destiny in pressuring reluctant national institutions to peacefully push through needed electoral improvements.

To be complete about it, there are other costs in the form of inconveniences to the public as a result of congestion. But these are not different to the price that Malaysians pay day in and day out when trapped in traffic jams and when having to shove about to board infrequent, jam-packed commuter trains. 

It is difficult to imagine the catastrophic net business costs assumed by the second commentator as a result of a couple of hours of orderly marches (endangerment to "thousands" of jobs and losses running "in the millions"). Businesses have ample time to plan and prepare for contingencies, if any (Bersih announced the march many weeks ago). Businesses could also imagine that it is a public holiday. Would they complain so loudly about having to close shop if the sudden death of a monarch imposes an immediate one-day public holiday and road closures for processions?

C. Scaremongering

If middle-ground diplomacy and mild exaggeration do not compel the desired outcome, scare tactics might be used. Abusive ad hominems, straw-man attacks and deliberate omissions can be combined to make the following type of political statements:

"Anwar… [a] deeply flawed politician… the de facto leader of Bersih… wants to become prime minister… and will resort to any means to achieve his ambitions"; "PAS and DAP are also driven by the desire to gain power through the quickest route. For them also the end justifies the means." (Chandra Muzaffar)

Observe the manipulation of emotion by using subjective statements such as "deeply flawed" and speculation ("will resort to any means"). There is little concern for providing evidence. We have also partial reporting; only opposition political parties are mentioned when all Malaysians, including the ruling Barisan Nasional supporters, were invited to join the Bersih march to advocate and demand for electoral reforms. The above commentator also ignores the fact that all rational political parties do seek power, and they do wish to attain it with the least possible cost or resistance, without recourse to violent acts or breaches of trust.

"If the stadium option had materialized, certain elements in Bersih, it is alleged, would have turned the stadium to a Tahrir Square, with demonstrators camping there day and night for weeks on end." (Chandra Muzaffar)

Here we see the non-reporting of sources ("it is alleged"). Alleged by whom and upon what basis, we are not told. An honest commentator would just say he "fears" or "has a gut feeling that there might be" long-standing protests. Moreover, asserting a Tahrir Square scenario is, on its own, a domino fallacy (i.e., the unproven assumption that a particular event is the first in a series of steps that will inevitably lead to some specific, undesirable consequence).

READ MORE HERE

 

Exposed ! – The Bearded Blogger Behind The Dirty Tricks Campaigns

Posted: 03 Jul 2011 11:05 AM PDT

Trevino claims he was a speech-writer for George Bush and he is a founder of the popular Republican blog, Red State.  His outspoken, far-right views have provoked controversy in the US, where he has been striving to make a name for himself via the internet.  

Those provocative views are, however, unlikely to appeal to his Malaysian clients in BN, who, nevertheless, have clearly being paying him and his associates to defame their political enemies and boost their own publicity.

"My red hair and pale skin IS my passport!"

 

For example, many people found Trevino's tirade against being forced to go through standard border checks particularly obnoxious.   In a series of outbursts on Twitter he proclaimed that the US Border Patrol were "fools" and "bureaucrats" for bothering to look at his papers, because he was white.

He expressed his views with such offensive arrogance that the story provoked nearly 900 angry comments when it was reported in the online Huffington Post.


READ MORE HERE.

Mohon Ulama Muda UMNO jawab perkara ini!

Posted: 03 Jul 2011 10:39 AM PDT

 
How to Deal with Present Day Rulers and Systems?
Reproduced by crediting: Muhammad Awais Tahir

This blog post is a part of a series of articles : "How to Deal with Present Day Rulers and Systems", which is an academic effort to understand the sayings of Allah's Messenger on the topic.

CATEGORY 5 - PROPHECIES REGARDING RULERS WHO WILL NOT FOLLOW AND IMPLEMENT ISLAM & ORDER OF NOT OBEYING THEM OR HELPING THEM OR SERVING THEM

HADITH # 16

حدثنا عبد الله حدثني أبي ثنا عبد الصمد ثنا حرب بن شداد بصري ثنا يحيى يعني بن أبي كثير قال عمرو بن زينب العنبري أن أنس بن مالك حدثه أن معاذا قال : يا رسول الله أرأيت إن كان علينا أمراء لا يستنون بسنتك ولا يأخذون بأمرك فما تأمر في أمرهم فقال رسول الله صلى الله عليه و سلم لا طاعة لمن لم يطع الله عز و جل

Anas bin Maalik (May Allah be pleased with him) narrate that M'uaz bin Jabal said, "O Messenger of Allah! If rulers come on who do not follow your Sunnah, and not take your order, so what do you order us regarding them?" Prophet Muhammad (Peace be upon him) said, "There is no obedience for the one who does not obey Allah".

Reference: Masnad Abu Y'ala (Hadith # 4046), Masnad Ahmed (Hadith # 13248), Sh'uaib Arnaoot says that its chain can be called Hasan, al-Albani authenticated in Aj Jami' As Sagheer, Haithmi says it contain 'Amr bin Zunaib and I don't know him, rest of the narrators are Saheeh.  Ibn Hibban considered 'Amr bin Zunaib to be trustworthy.

LESSONS FROM THIS HADITH

There is no obedience to rulers who leave the Sunnah of Prophet Muhammad and don't rule according to Qur'an, because "There is no obedience for the one who does not obey Allah".

HADITH # 17
عبد الله بن مسعود أن النبي صلى الله عليه و سلم قال سيلي أموركم بعدي رجال يطفئون السنة ويعملون بالبدعة ويؤخرون الصلاة عن مواقيتها فقلت يا رسول الله إن أدركتهم كيف أفعل قال تسألني يا ابن أم عبد كيف تفعل لا طاعة لمن عصى الله

Narrated Ibn Mas'ud: The Messenger of Allah said: "Some men will rule over you after me. They will kill the Sunnah and act based on bid'ah. And they will delay Salat beyond its time".

I (Ibn Mas'ud) asked: "If I meet them, what should I do?" The Messenger of Allah said: "You are asking me, O son of Umm Abdullah, what to do? There is no obedience to the one who disobeys Allah!"

Reference:  Sunan ibn e Majah (Hadith # 2975), authentiacated by al-Albani in Saheeh Sunan ibn e Majah, and As-Saheeha.

LESSONS FROM THIS HADITH

Someone who is an enemy of Sunnah, and is innovating his own religion, and ruling according to it, it is so obvious that he is not to be followed, that Prophet Muhammad asked Ibn Mas'ud in surprise, "You are asking me, O son of Umm Abdullah, what to do?" and then again he repeated the rule "There is no obedience to the one who disobeys Allah!"

HADITH # 18
أخبرنا أبو عبد الله الصفار ثنا محمد بن إبراهيم الأصبهاني ثنا الحسين بن حفص عن سفيان عن أبي حصين عن عبد الرحمن بن بشير الأنصاري قال : أتى رجل فنادى ابن مسعود فأكب عليه فقال : يا أبا عبد الرحمن متى أضل و أنا أعلم ؟ قال : إذا كانت عليك أمراء إذا أطعتهم أدخلوك النار و إذا عصيتهم قتلوك

Abdur Rahman bin Basheer al-Alansaari reported that a man came and called Ibn e Masud (May Allah be pleased with him), so he turned towards him, so the man said, "O Abu Abdur Rahman ! When will (the ummah) go astray and how will I know? He said, "When there will be on you rulers, if you follow them, they will lead you to hell-fire and if you disobey them they will kill you"

Reference: Mastadrak al-Haakim (Hadith # 8424), the Hadith is mawquf, Ad-Dahabi authenticated it in his Talkhees.  There is a similar narration in Masnaf Abu Shaiba (Hadith # 38389) and Masnaf Abdur Razzak (Hadith # 37234), with slight difference in wording: "if you follow them, they will lead you astray…"

LESSONS FROM THIS HADITH

Rulers will force us to enter a system, which will lead us to hell-fire, and if we try to revolt against them, they will crush us by their power; this is when the Ummah will go astray.  Furthermore, there is a silent approval of rebellion against these rulers in the saying of Ibn Mas'ud (May Allah be pleased with him).

HADITH # 19
سيلي أموركم من بعدي رجال يعرفونكم ما تنكرون وينكرون عليكم ما تعرفون فمن أدرك ذلك منكم فلا طاعة لمن عصى الله عز و جل
"Some men will rule over you after me, who will show you what is not pleasing to you, and will dislike what is pleasing to you, whosoever from you reaches that time, then there is no obedience to the one who disobeys Allah"

Reference: Mastadrak al-Haakim (Hadith # 5530), hakim says it is according to the condition of the two shaikhs. Authenticated by al-Albani in As Saheeha (Hadith # 590).  Narrated by 'Ubada bin Saamit (May Allah be pleased with him).

LESSONS FROM THIS HADITH

It is not mentioned explicitly in this hadith but as the advice "then there is no obedience to the one who disobeys Allah" matches with the last two ahaadith, perhaps the disliked acts mentioned are not ruling according to the law of Allah.
 

Kuat tidak semestinya menang, lemah tidak semestinya tewas

Posted: 02 Jul 2011 09:09 PM PDT

Ada pihak yang memberitahu yang kerajaan akan meneruskan penangkapan secara besar-besaran terhadap mereka yang bersimpati dengan Bersih semasa Najib tiada di dalam negara dan tidak tahulah samada berita itu benar atau sebaliknya. Apa yang dihasratkan oleh Bersih untuk meminta semua pihak bersama termasuk UMNO dan BN mengadakan rally itu telah dimomokan oleh pihak kerajaan sebagai perusuh dan pengancam keamanan dan tindakan memomokan itu semata-mata kerana takut kehilangan kuasa yang sangat besar nikmatnya itu.

Akhirnya tujuan untuk mengadakan rally secara aman itu telah menjadi isu anti establishment yang dicipta oleh pihak politik kerajaan itu. Hasilnya pihak kementerian dalam negeri telah mengharamkan pertubuhan Bersih ini dan itu mengusik banyak pihak dan rakyat. Penangkapan yang sebegitu ramai oleh pihak Polis itu telah menggunakan ordinan dharurat 1969 dan tidaklah diketahui apa kesudahan yang akan kita hadapi.

Hanya kita berdoa dan sentiasa berfikir secara rasioanl bagaimana rakyat untuk menghadapi tindakan pihak Polis yang dianggap dari segi moralnya sebagai 'high handed' ini. Jika Bersih di haramkan maka rally itu akan mudah digagalkan oleh pihak Polis dan saya tidak mahu ramai rakan-rakan yang menjadi mangsa oleh tangkapan pihak berkuasa.

Itulah sebabnya di dalam posting saya yang lepas saya mencadangkan supaya jika seseorang itu masih mahu menyokong Bersih elok diberikan sokongan itu dirumah sahaja. Banyak cara boleh kita lakukan. Oleh kerana pihak kerajaan telah menjadikan isu ini sebagai isu politik, dan sengaja meletakan rally ini sebagai rally anti kerajaan, maka sekali gus ianya menjadikan perhimpunan ini sebagai perhimpunan yang menyemarakan perasaan penentangan terhadap kita dan ini benar-benar menyebabkan kita kehilangan sokongan yang bertambah ketara dari orang ramai.

Segala usaha untuk mengembalikan sokongan ramai terhadap UMNO kembali gagal kerana tindakan negatif kita sendiri. Saya menganggap tindakan ini sebagai tindakan yang tidak berhidayah dan satu lagi yang nyata kekurangan yang ada kepada kita ialah 'wisdom'm sebagai pihak yang memerintah manusia yang berbagai macam ragam.

Pihak pemimpin-pemimpin UMNO khususnya tidak berupaya menghadapi krisis yang kecil, jauh sekali untuk menghadap krisis yang besar. UMNO telah menggalakan Perkasa untuk melakukan rally untuk menentang rally Bersih yang dari awalnya telah berterus terang untuk melakukannya secara aman. Apa yang dilakukan ini seolah-olah sengaja untuk menjadikan rally pada 9hb Julai ini untuk mengambil kesempatan bagi mengambil tindakan undang-undang terhadap mereka yang mereka (UMNO) tidak sebulu dengan mereka.

Apa yang mengganggu pemikiran kita ialah apabila memikirkan apalah 'consequence' buruk yang pihak kita sendiri akan hadapi. Jika ianya menghasilkan perasaan tidak senang kepada orang ramai rakyat tidak akan memberikan sokongan kepada kita lagi. Dari segi psikoloji nya tidak ada rakyat yang akan memberikan dukongan kepada pemerintah yang tidak tahu mengawal perasaan ramai. Tetapi apabila rakyat tidak berkeyakinan kita selalunya akan melakukan bermacam-macam perkara yang lebih tidak di sukai ramai.

Itulah sebabnya saya berulang kali menyatakan yang untung di dalam isu ini ialah parti-parti pembangkang. Kita tidak sedar parti-parti pembangkang mendapat sokongan orang ramai kerana sikap dan kelakuan kita sendiri. Parti-parti pembangkang tidak lagi payah berusaha kuat untuk memenangi hati rakyat kerana kerja itu semua telah dilakukan oleh pihak kita sendiri. Kita yang memperkuatkan parti pembangkang sebenarnya.

Kita tidak mampu untuk membuatkan orang ramai sayang kepada kita, sebaliknya kita hanya membuatkan rakyat takut kepada kita. Kalau kita berterusan menakutkan rakyat, kita mesti mengakui yang ketakutan itu tidak akan kekal lama. Rakyat akan memberontak di dalam jiwa masing-masing dan itu akan diterjemahkan kepada penolakan di dalam peti undi nanti.

Tetapi oleh kerana pandangan seperti ini tidak mendapat pertimbangan maka jika terbukti kebenaran kepada pandangan ini nanti, ianya mungkin sudah terlambat untuk membetulkan keadaannya.

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M’sia’s electoral system: Govt of the people? (2)

Posted: 02 Jul 2011 04:07 PM PDT

IV. The apportionment and delimitation of constituencies – Gerrymandering as norm

The Federal Constitution places the responsibility of delimiting constituencies68 on the Election Commission.69 The delimitation of constituencies ought to be done according to clear guidelines by a neutral and independent Election Commission because electoral results can differ greatly according to how the lines are drawn. There are broadly two ways in which the power to delimit may be abused: firstly, mal-apportionment (where the size of the constituencies delimited are grossly disproportionate) and, secondly, gerrymandering (where a delimitation is made with a view to unfairly favouring a particular political party).70

Unfortunately, the Federal Constitution does not adequately spell out the guiding principles under which the Election Commission should carry out its duty in delimitation exercises.71 Vague and general guidelines give rise to inherent ambiguities that could work unfairly against contesting candidates. The vague usage of expressions such as "regard ought to be had", "inconveniences attendant on alterations of constituencies", and "maintenance of local ties" 72 without further elaboration leaves much to be desired in assuring consistent and fair delimitation practices.

It would hence not come as a surprise that the electoral process is susceptible to abuse through arbitrary and capricious definitions adopted by the Election Commission of the day. For instance, nothing in the guidelines obliges the Election Commission to strictly adhere to the equal-sized constituency doctrine in the delineation process. This gives rise to mal-apportionment where disproportionately-sized constituencies can be delineated to favour a particular political party.

The Malaysian electoral system fails to adhere to the one-vote-one-value principle in its elections. A rural weightage principle is constitutionally provided for in the Thirteenth Schedule of the Federal Constitution,73 thereby augmenting the value of rural electors' votes and, as a result, diluting the perceived advantage (in terms of accessibility, connectivity and communication) their urban counterparts carry over them.74

However, the Federal Constitution does not define "rural" and "urban" for the purposes of constituency delineation.75 Not once has the Election Commission attempted to define what "rural" and "urban" areas actually mean in the course of the delineation exercises.

The problem is made worse by the removal of the limitation on the maximum allowable difference in the number of electorates between the rural and the urban constituencies.76

Prior to 1957, the maximum allowable difference between the number of electorates in a rural and an urban district was 33 per cent.77 Following the Reid Commission's recommendations in 1957, the limitation was reduced to 15 per cent. This produced a closer adherence to an equal-sized constituency doctrine. However, this limitation was relaxed to 50 per cent in 1962 78 and eventually entirely removed in 1973, 79 resulting in Malay-based parties being given an electoral advantage.80

Some empirical analysis on electoral trends between 1960 and 1999 is sufficient to illustrate the Malay electoral advantage. The Malay population in Peninsular Malaysia was relatively stable, measuring to an average of around 55 per cent of the entire Peninsular Malaysian population.81 One would have expected that this would be proportionally mirrored in the corresponding percentage of Malay-majority constituencies. However, it was observed that notwithstanding the relatively constant percentage of the Malay population, the percentage of Malay-majority constituencies has seen a consistent increase over the years from the 1959 election to the 1999 election.82 This trend holds true at the Federal level as well.83

One possible explanation for such an electoral pattern is the increasingly liberal franchise rules flowing from the Federation's gradual move towards liberalisation of citizenship requirements over the decades.84 This invariably resulted in decreasing the enfranchisement advantage that the Malays had over other minority ethnic groups. The ruling coalition saw the need to counterbalance this effect by adjusting the scale to maintain its electoral advantage over other opposition parties representing the minority non-Malay electorate. This could only be brought about through carefully engineered constituency re-delineations in a way that would enhance the political control of Malay-based political parties.85

With respect to Sabah and Sarawak, political competition is heavily skewed in favour of the Muslim bumiputras (including the Malays) vis-à-vis non-Muslim bumiputras and other ethnic groups. This has been made possible through a grossly disproportionate advantage given to the former that devalues the latter's votes more drastically than the rural weightage imposed in Peninsular Malaysia.

In both states, no electorally advantaged community constituted the majority in their state constituencies.86 Malay-based political parties had the most to gain from this. Again, the success of Malay-based political parties in Sabah and Sarawak87 would not have been possible without biased re-delineation practices.

The rural weightage principle would have become the Umno-led coalition's absolute trump card were it not for the opposition PAS (Parti Islam SeMalaysia). PAS is a predominantly pro-Islam Malay political party which primarily aims to attract Malay-Muslim votes. As such, the rural weightage principle becomes a double-edged sword in PAS-contested constituencies.

Umno runs a considerable risk of losing out to PAS, as evidenced by PAS's historical success in diluting Umno dominance in the 1999 and 2008 elections. In the 1999 election, PAS secured a total of 98 out of 394 seats in both the Federal and State legislatures in Peninsular Malaysia, posing a real threat to the BN.88

In 2004, Umno's apparent stratagem against the PAS came in the form of mal-apportionment and gerrymandering in the 2003 constituency re-delineation.89 The opposition charged, inter alia, that the effect of the constituency review was to diversify the ethnic composition in PAS-held constituencies so as to reduce PAS's chances of securing victory in the 2004 election.90 True enough, it turned out that PAS suffered a huge setback, losing control over the state of Terengganu and securing only a marginal victory in Kelantan with a narrow majority of 24 out of 45 seats.91

With respect to one of the most contentious states,92 Kedah,93 it was shown that "[t[he 2002 delimitation process involved moving 'safe areas' in traditional Umno strongholds and non-Malays seats into constituencies that were vulnerable to the opposition and changing boundaries beyond the usual administrative areas in order to create constituencies that would strengthen the BN's electoral position." 94

Again, the 2002 re-delimitation exercise demonstrated how Umno became the beneficiary of a tactical dilution-through-diversification approach against PAS-held state constituencies in Kedah. Non-Malay wards deemed to be the BN's "safe state seats" were fused with PAS-held constituencies in the redrawing of boundaries.95 For instance, the cross-administrative district transplantation of the Gurun state seat to the parliamentary state seat of Yan (renamed Jerai) was cited as a particularly egregious case of gerrymandering, the intention of which was to defeat PAS which previously won the seat in Yan by a slim majority of 0.7 per cent of the votes cast.96 The political impact of importing the "safe votes" from Gurun to Yan essentially boosted the BN's electoral strength by an estimated 5,233 97 votes.98

A similar pattern was observed in the parliamentary seats of Pokok Sena, Kuala Kedah and Baling.99 The parliamentary seat of Alor Setar (which previously gave the BN an overwhelming victory of 14,384 votes) was employed as a buffer to absorb the state seat of Telok Kechai, neutralising the electoral disadvantage it provided the BN (in the parliamentary seat of Kuala Kedah) in the 1999 election. 100 The result of the 2004 election, as one might have expected, was a crushing defeat for PAS.101

A revival of the limitation on the variation in the numbers of electorates between rural and urban constituencies has to be the primary focus of reform. It is not logical to assume that rural areas invariably remain rural in light of the relentless pace of urbanisation in Malaysia. This is sufficient to justify imposing a limitation – with the prospect of increasing equalisation – on the variation in electorate size between rural and urban areas.

As mentioned earlier, constitutional amendments over the years have gradually eroded the Election Commission's status as an independent administrator of the electoral process. For instance, the dissatisfaction by the Alliance over the Election Commission's Report of 1960 to re-delineate constituencies and reduce the number of seats in the House of Representatives from 104 to 100 was reversed by a constitutional amendment passed in Parliament. 102

This showed how easily the Election Commission's actions in delimitation could be reversed by dissatisfied political parties in power. This 'thwarting mechanism' makes a convenient tool for the ruling party to fine-tune any changes brought by the Election Commission to its own political advantage. The Election Commission's powers to delimit constituencies were also seriously constrained with the addition of the Thirteenth Schedule to the Federal Constitution, which effectively confined the Election Commission to reviewing only the division of the Federation and states into constituencies and recommending necessary changes.103

Also, the Election Commission's recommendations are now required to be submitted to the Prime Minister who reserves the right to alter the recommendations even before they are submitted to the House of Representatives. 104 If the House of Representatives does not accept the recommendations, the Prime Minister may amend it "after such consultation with the Election Commission as he may consider necessary".105 The recommendations for delimitation need only be objected to by one-half of the members in the House of Representatives, and neither the Senate nor the Upper House (Dewan Negara) need to be consulted.106

Even though the public may under appropriate conditions submit its objection to any recommendations proposed, thereby obliging the Election Commission to conduct a local enquiry in respect of the relevant constituencies,107 the Election Commission may not conduct more than two such local enquiries. 108

Other later changes109 include a prescriptive approach undertaken by Parliament as a prerogative to apportion the seats amongst the states of Peninsular Malaysia,110 as well as the removal of the limitation in the variation in electorate numbers between the rural and urban constituencies.111 The exercise of the Election Commission's powers has since been relegated to the residual task of delineating constituencies within every state. The more important macro prerogative of apportioning seats in the House of Representatives is acquired by Parliament.

More recent changes112 have further relaxed the rules regarding periodic review of constituencies by allowing a special review of constituencies to be undertaken for any state, or part of a state, whenever the House of Representatives or any state assembly varies the number of its seats.113 Additionally, the upper limit for mandatory periodic review of constituencies has been removed, giving rise to the possibility that constituencies may turn static should the Election Commission decline to initiate a review. The consequence of these changes is to enable the ruling party to effect any change to the constituencies at practically any time.

This substantial whittling down of the constitutional role of the Election Commission and the considerable transfer of constitutional power to Parliament runs counter to the notion of an independent and effective Election Commission, capable of discharging the independent and neutral administration of elections. 114

READ MORE HERE

 

Najib, is your AG anti-Islam? Does your administration condone the vilification of Islam?

Posted: 02 Jul 2011 08:21 AM PDT

No elaboration on when and how she is supposed to have made the threat.

A vile and unsubstantiated allegation.

I've known Ambiga for over a decade now and have known her to always be most respectful of all faiths and beliefs, without exception.

I'm not alone. Many members of the Bar will bear testimony to this.

Perhaps Najib should desist in unsubstantiated attacks against Ambiga and explain why charges of sedition for a most vile and filthy attack on the faith of the Malays in this country by Syeditious Akbar ali were dropped by the Attorney General's chambers.

The charge sheet, in PDF, is linked below again for your ease of reference.

Charge Sheet against Seditious Akbar Ali

You will note that it is dated 6th May, 2008 and signed by DPP Mohamed Hanafiah bin Zakaria, the same day, according to Syeditious post dated 18th October, 2010, that he was charged in court.

It is fair to assume that someone in the AG's chambers had, before Syeditious was charged, scrutinized the investigation papers submitted by the police authorities and had formed the view that Syeditious comments were indeed seditious and warranted the preferring of charges.

Hence the charges in court on 6th May, 2008 upon the terms as appear in the charge sheet.

And I cannot imagine that anyone who has since read the full tenor of Syeditious comments, however much they disliked the sedition laws, would argue that he did not deserve to be charged for such an insensitive and hateful attack.

In my related post yesterday, I had shared how, after Syeditious had received advise of legal counsel, he had asked that no moves be made to raise techncal objections until he gave further instructions, and when those instructions finally came, it was that no such technical objections were to be taken as the case against him would be dropped.

As Syeditious had predicted, the charges were subsequently dropped.

READ MORE HERE

 

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