Selasa, 27 September 2011

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WIKILEAKS: NAJIB'S "ISLAMIC STATE" REMARK DRAWS THE IRE OF MALAYSIA'S MINORITIES

Posted: 27 Sep 2011 01:00 AM PDT

Responding to a reporter's question at the July 17 opening of the Institute of Islamic Understanding Malaysia (IKIM)'s two-day international conference on "The Role of Islamic States in a Globalised World," Deputy Prime Minister Najib Tun Razak explained that Malaysia is not a secular state, but an Islamic state driven by the fundamentals of Islam. The reporter asked Najib if Malaysia was an Islamic state and to comment on concerns that Malaysia was moving from a secular government to an Islamic state. 

THE CORRIDORS OF POWER

Raja Petra Kamarudin

1.  (C) Summary:  Malaysia's Deputy Prime Minister Najib Tun Abdul Razak set off a fire storm on July 17 when, in response to a reporter's question, he stated that Malaysia is and has always been an "Islamic state."  Malaysia's minorities and opposition parties attacked the DPM's comments as violative of the nation's constitutional history and of the social contract which formed a single nation from Malaysia's Malay, Chinese and Indian ethnic groups. 

The ruling coalition's largest Chinese party, MCA, defended the country's status as a secular nation and declared secularism to be the unequivocal, original intention of the nation's founders.

Former Deputy Prime Minister Anwar Ibrahim and Malaysian Bar Council president Ambiga Sreenevasan joined the chorus of protesters decrying Najib's statement.  Reeling from the growing backlash among Malaysia's minorities, the Ministry of Internal Security issued a directive two days later requiring all print media to cease publication of any discussion of Malaysia's status as a secular or Islamic state other than statements made by the Prime Minister and Deputy Prime Minister. 

Opposition party DAP vowed to continue the public discussion and plans to hold a public forum on the issue on July 26.  Najib's statement may help the dominant UMNO party woo Malay voters away from the Islamist opposition party PAS; however, it also has opened a political can of worms for the non-Muslim electorate and could be used to attract already disenchanted minority voters away from the ruling Barisan Nasional (BN) coalition.  End Summary.

"We have never been a secular state"

2. (U)  Responding to a reporter's question at the July 17 opening of the Institute of Islamic Understanding Malaysia (IKIM)'s two-day international conference on "The Role of Islamic States in a Globalised World," Deputy Prime Minister Najib Tun Razak explained that Malaysia is not a secular state, but an Islamic state driven by the fundamentals of Islam.  The reporter asked Najib if Malaysia was an Islamic state and to comment on concerns that Malaysia was moving from a secular government to an Islamic state. 

Najib answered: "Islam is the official religion and Malaysia is an Islamic state, an Islamic state that respects the rights of non-Muslims and we protect them.  I want to correct you, that we have never been a secular state.  Secular by Western definition means separation of the Islamic principles in the way we govern the country.  But we have never abdicated from those principles.  Malaysia has always been driven by and adhered to the fundamentals of Islam.  So your premise is wrong."

3.  (U) Najib's impromptu remarks to reporters followed his delivery of the opening address to the conference, which he explained was in fact the Prime Minister's speech.  The address focused on PM Abdullah's familiar themes of the importance of economic development and education in Muslim countries and references to Islam's golden age and status as the world's first "globalizing force." 

The address did not explicitly address the issue of Malaysia as an Islamic state, though this was the clear implication.  The opening ceremony also featured a highly theoretical lecture by IKIM's Director General Syed Al-Attas on "What it Means to be an Islamic State," which argued that following Islamic principles and revelations was more important to the definition than Islamizing otherwise Western governmental institutions.

4. (U) Najib's words did little to elaborate on former Prime Minister Dr. Mahathir Mohamad's June 2002 remarks to Parliament when he declared that, "Malaysia is not a moderate Islamic state but an Islamic fundamentalist state as its policy is to abide by the fundamental teachings of Islam." Furthermore, Najib's statement does not reflect any current attempt to amend the Constitution or make any new institutional changes in favor of Islam.  The Islamic state descriptor, however, goes to the heart of concerns from Malaysia's substantial non-Malay minorities, who make up some 40 percent of the population. 

Understandably, Najib's contemporary remarks on the eve of Malaysia's 50th anniversary of independence ignited a firestorm of criticism foremost from the Chinese community, but also from other supporters of secular government, such as the Bar Council.

Coalition partner MCA fires back

5. (U) The Malaysian Chinese Association (MCA), Malaysia's largest minority party and founding member of the country's original Alliance uniting Malay, Chinese and Indian political parties, took particular exception to Najib's remarks. Facing immense voter dissatisfaction for cowing to UMNO attacks during last year's UMNO general assembly (ref A), MCA could hardly afford to remain silent.  On July 19, MCA's Secretary General Ong Ka Chuan took the lead on countering Najib's remarks. 

Ong delivered public remarks to the press, openly disagreeing with the Deputy Prime Minister.  Ong stressed that, contrary to Najib's remarks, Malaysia hadalways been a secular state and that this was part of the original social contract.  Ong quoted the September 27, 1956 Alliance Memorandum to the Reid Commission that stated: "The religion of Malaysia shall be Islam.  The observance of this principle shall not impose any disability on non-Muslim nationals professing and practicing their own religion, and shall not imply the State is not a secular state." 

Ong further cited notes prepared by the Colonial Office dated May 23, 1957 at the London Conference Talks which said: "The members of the Alliance delegation stressed that they had no intention of creating a Muslim theocracy and that Malaya would be a secular state."  "This was the unequivocal original intention of UMNO, MCA and MIC," Ong countered.

Bar Council says Najib's father would disagree

6. (U)  Malaysian Bar Council president, Ambiga Sreenevasan, an ethnic Indian and leader of Malaysia's mostly non-Malay legal profession, also lambasted the DPM's comments.  In a July 18 written statement to the press, she too quoted

Malaysia's founding fathers and even cited a report from the independence sub-committee chaired by the current DPM's own father, Abdul Razak, recognizing that Malaysia would be a secular state. 

"It is time," Sreenevasan wrote, "that the proposition that Malaysia is not secular, (which is a rewriting of the Constitution), be put to rest once and for all and that there is due recognition and reaffirmation of the clear legal and constitutional position that Malaysia is, and has always been, a secular State."

Anwar joins attack on Najib

7. (U)  Former Deputy Prime Minister and leader of the opposition People's Justice Party, Anwar Ibrahim, also joined in the attacks on Najib's declaration.  Anwar lamented that Najib's "latest pronouncement about Malaysia being an Islamic state shows his dismal ignorance of what such a state really means.  In an attempt to pander to communal and religious sentiments, Najib has chosen to blatantly disregard the provisions of the Constitution which, while stating that Islam is the religion of the Federation, safeguards the sanctity of other religions without discrimination one from the other."

Media clampdown

8. (SBU)  Responding in typical fashion (see refs A and C) to widespread criticism against the Government, and to hot-button racial and religious issues, the Ministry of Internal Security (MIS) issued an order on July 19 to all mainstream media banning any further discussion of the subject. 

Malaysiakini, the country's leading, independent, online news portal, quoted a senior MIS official: "Yes, we have given the directive to all mainstream newspapers.  Islam is a sensitive issue.  They cannot publish any news on whether the country is secular or Islam (sic)...  Reaction from political parties and the public cannot be published, especially negative reactions." 

The officer told Malaysiakini that MIS is afraid that allowing such discussions would cause "tension."  However, the MIS official said newspapers can still publish statements from the Prime Minister and the Deputy Prime Minister on the country being an Islamic state.

DAP seeks to capitalize on Chinese reaction

9. (SBU) The country's largest opposition party, the Democratic Action Party (DAP), has already begun to capitalize on Najib's racially divisive statements as a rallying cry for their campaign and are seeking to attract even more voters away from MCA and Gerakan.  Despite, and perhaps due to, the Ministry of Internal Security's ban on print media, DAP has already announced a public forum to discuss Malaysia's standing as a secular country to be held on July 26 at the Chinese Assembly Hall in Kuala Lumpur.

Comment

10.  (C) Najib's remarks come on the heels of the court decision in the Lina Joy apostasy case, which reassured Muslim conservatives and disappointed non-Muslim minorities (ref D).  Whether planned or not, Najib's statement (like the Lina Joy decision) will play well among the constituents of the dominant United Malays National Organization (UMNO), and allow UMNO to solidify its Islamic credentials among Malaysia's Malay/Muslim majority.  These and other issues set UMNO and the ruling government out as the defender of Islam; its increasingly privileged position in Malaysian society continues to polarize the country's ethnic communities.

Divisive religious and ethnic issues have been growing in the Malaysian electorate.  The 2006 Sarawak state elections, along with several by-elections earlier this year, reflected great voter dissatisfaction among Malaysia's Chinese minority (ref B).  Following UMNO's annual general meeting last year, Malaysia's dominant Chinese political parties, MCA and Gerakan, found themselves facing even greater voter apathy and a growing dissatisfaction within their own communities.

While Najib's comments certainly strengthen his position among the Malays, they unquestionably undermine the standing of BN's minority parties in their own communities and threaten to weaken Chinese voices within the ruling government.  Chinese voters, however, face poor options.  The alternative to UMNO as a Malay political partner is the unabashedly Islamist opposition party PAS, known for its advocacy of a much more conservative and far-reaching version of an Islamic state.

11.  (C) The Government's heavy-handed order to cease media discussion of this "sensitive issue" came as no surprise to anyone in Malaysia.  Although press freedom expanded at the margins following Mahathir's departure, Prime Minister Abdullah Badawi's 2004 campaign promises to foster freedom of the press never came to full fruition.  Quashing media discussion of religious and ethnic divisions has remained a mainstay of UMNO political control (ref A).  Despite threats to the print media, these "sensitive" discussions continue on the internet, and the chasm between Malaysia's ethnic and religious groups grows with each passing event.

LAFLEUR (July 2007)

 

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Demotion or sack for three MACC ‘robbers’

Posted: 26 Sep 2011 09:56 PM PDT

The trio to face disciplinary action for allegedly extorting and robbing three money changers of some RM1 millionn.

(Free Malaysia Today) - The three senior Malaysian Anti-Corruption Commission (MACC) officers who allegedly robbed money changers of some RM1 million cash at KLIA airport could be demoted or sacked.

The MACC said today that the three officers would face disciplinary action as an internal inquiry on them has been completed.

"The disciplinary board which met today had decided that the three had committed a serious offence, which violates Regulation 37 of the Public Officers (Conduct and Discipline) Regulations 1993," it said in a press statement.

Under Regulation 37, a public officer can be dismissed if he has committed an offence that carries a criminal conviction. Other lesser punishments could also be meted out.

MACC said that its internal probe and decision would not affect the ongoing police investigations into the case.

FMT had reported that the trio, including an assistant commissioner, was arrested after allegedly extorting and robbing three money changers of almost RM1 million on Sept 15. Their remand has been extended for another three days yesterday.

Following the incident, MACC had relieved them of their active duties, stripped them of any investigative power, and transferred them to its administrative division.

The alleged victims were said to be money changers from Singapore who were at the KLIA to board a flight back home. They were carrying foreign currencies amounting to about RM2 million which they had declared to the customs authorities.

READ MORE HERE

 

A global agenda for seven billion

Posted: 26 Sep 2011 08:08 PM PDT

(FMT) - Late next month, a child will be born – the 7th billion citizen of planet Earth. We will never know the circumstances into which he or she was born.

We do know that the baby will enter a world of vast and unpredictable change – environmental, economic, geopolitical, technological, and demographic.

The world's population has tripled since the United Nations was created in 1945. And our numbers keep growing, with corresponding pressures on land, energy, food, and water.

The global economy is generating pressures as well: rising joblessness, widening social inequalities, and the emergence of new economic powers.

These trends link the fate and future of today's seven billion people as never before. No nation alone can solve the great global challenges of the twenty-first century. International cooperation is a universal need.

The 66th session of the UN General Assembly is a renewed opportunity for the countries of the world to set aside narrow, short-term interests and commit to cooperative efforts to address humanity's long-term imperatives.

At a time when all nations are experiencing individual challenges, we need to forge a worldwide common agenda that can help to ensure that the seven billionth baby and future generations grow up in a world characterized by sustainable peace, prosperity, freedom, and justice.

To help create this future, I am focusing my second term as Secretary-General on five global imperatives – five generational opportunities to shape the world of tomorrow by the decisions we make today.

Sustainable development

The first and greatest of these imperatives is sustainable development. We all must understand that saving our planet, lifting people out of poverty, and advancing economic growth are one and the same fight.

We must connect the dots between climate change, water scarcity, energy shortages, global health, food security, and women's empowerment. Solutions to one problem must be solutions for all.

In the next five years, we need to create a new economic vision for sustainable development and forge global consensus on a binding climate change agreement.

Fostering economic growth, realizing the Millennium Development Goals, and combating climate change will all depend on creating a new energy system for the twenty-first century and extending it to every person on the planet.

Prevention as a framework for international cooperation is a second opportunity. This year, the UN peacekeeping budget will total $8 billion. Think of what we could save by avoiding conflicts – by deploying political mediation missions, for example, rather than troops. We know how to do this. Our record proves it – in Guinea, Kenya, and Kyrgyzstan.

A third imperative is building a safer and more secure world. In this effort, we must be courageous in standing up for democracy, human rights, and peace.

This year was one of signature achievements in restoring and securing peace – in Côte d'Ivoire, Darfur, Egypt, and elsewhere. But hatred and bloodshed still stand in the way of our vision for peace.

In the Middle East, we must break the stalemate. Palestinians deserve a state. Israel needs security. Both want peace. A negotiated settlement can produce these outcomes, and the UN is a platform for forging such a peace.

So, too, will we continue our efforts to foster democratic governance in Iraq, Afghanistan, the Democratic Republic of Congo, and Sierra Leone.

And, in the name of all of humanity, we will continue to push forward on nuclear disarmament and non-proliferation, in service of realizing a world free of nuclear weapons.


 

READ MORE HERE.


 

Dr M says fed up with MAS, backs AirAsia swap deal

Posted: 26 Sep 2011 06:26 PM PDT

(The Malaysian Insider) - Tun Dr Mahathir Mohamad threw his weight today behind the controversial share swap deal between the national carrier and AirAsia despite strong opposition from the right-wing Malay ground and Malaysia Airlines (MAS) staff against Tan Sri Tony Fernandes' involvement.

Critics have accused the budget carrier's ambitious boss of taking advantage of the loss-making national airline to fuel Fernandes' personal ambitions, the latest being the acquisition of English Premier League club, Queens Park Rangers.

The national carrier will sponsor QPR's home jersey for the next two seasons, while AirAsia's logo will be emblazoned on the team's away and third kits.

The still-influential former prime minister said today he was "fed up"with MAS' management over the years.

"Government had supported MAS with funds and protection but MAS had never done well," the country's longest-serving prime minister of 22 years wrote in his blog today,comparing the two airlines.

In contrast, he observed that AirAsia being a "newcomer" into the aviation industry had defied the odds and grown from a two-plane operation covering four routes into Asia's biggest budget carrier.

"All I wanted to see is Air Asia's management playing a role, indirectly or directly in the management of MAS," said Dr Mahathir (picture).

The 86-year-old appears to be pushing AirAsia to the forefront in recent months,including suggesting, during this year's Langkawi International Dialogue at Putrajaya last June, the budget carrier open up new routes from Malaysia to several African countries.

MAS and AirAsia inked the deal on August 9, which allows the loss-making national carrier to swap a 20 per cent stake for 10 per cent in Asia's top money-making budget carrier.

READ MORE HERE

 

MACC urged to probe not all sugar and sPICE deal

Posted: 26 Sep 2011 06:01 PM PDT

The BN Youth wing suspect something fishy in the way the contracts were given out for the RM300 million sPICE project.

(Free Malaysia Today) - The proposed RM300 million subterranean Penang International Convention and Exhibition Center (sPICE) has got the opposition Barisan Nasional all riled up.

The BN Youth wing feels that there is something fishy in the way the contracts for the project was handed out.

The Youth wing has lodged a graft report at the Penang office of Malaysian Anti-Corruption Commission (MACC) in Jalan Sultan Ahmad Shah here today.

The report claims that the project contained elements of nepotism and cronyism. Its Youth chief Oh Tong Keong asked why under the deal, the Penang Island Municipal Council (MPPP) was obliged to set aside a land for free to sPICE developer Eco-Meridian Sdn Bhd (EMSB), a subsidiary of SP Setia Bhd.

He claimed EMSB/Setia is being allowed to build 450 low-medium-cost houses (LMS) on the free land and pocket all the proceeds from the sales.

Oh also accused Chief Minister Lim Guan Eng of misleading the people by claiming earlier that the LMCs would cost below RM72,500 per unit.

"However, under the agreement, the LMCs would be sold for more than that," he alleged.

In the concession deal inked between MPPP and EMSB, SP Setia, which is financing the bulk of sPICE construction cost, will be allowed to build an extra 1,500 houses each in the various projects it would undertake in Penang island.

The developer has also been given various tax concessions for the sPICE project.

"Why SP Setia was given so many concessions? Is it an ad-hoc policy based on favouritism?" asked Oh, who is also the Gerakan state Youth chief.

'Guan Eng has misled the people'

Previously, Lim claimed that MPPP, which currently maintains the Penang International Sports Arena (PISA), would invest only RM11.5 million in the project, via a public-private partnership agreement with EMSB.

However, Gerakan lawyers, who were allowed to scrutinise the agreement under a controlled environment in Komtar two weeks ago, revealed that MPPP would contribute a whopping RM50 million for the project.

READ MORE HERE

 

PKR to Najib: Use polls to gauge GST

Posted: 26 Sep 2011 04:49 PM PDT

By Clara Chooi, The Malaysian Insider

KUALA LUMPUR, Sept 27 — PKR today urged Datuk Seri Najib Razak to use the coming general election as a referendum to gauge public support for his plan to introduce the goods and services tax (GST).

PKR chief strategist Rafizi Ramli told a press conference here that Putrajaya should be clear on its plans, saying that it would take between eight and 12 months to prepare for the GST and "dilly-dallying" the move would create uncertainties in the business environment.

"If the government continues to dilly-dally, they will keep on paying for the readiness costs... that is why Najib needs to be brave — if he feels the GST will be key to overhauling the economy, then say it.

"It is not about popularity here but it is about business certainty... this issue has dragged on for six to seven years," he said.

Rafizi (picture)stressed that Malaysians needed to know if a vote for BN would be a vote for the new tax system and the coming elections would be an opportune time for the government to gauge public support.

He said PKR did not entirely reject the proposal to implement GST as it was an effective tax system but insisted that the government first focus on how to improve the incomes of Malaysians.

"We do not reject the GST but we are questioning its viability when only 1.7 million Malaysians are qualified taxpayers. This means most Malaysians belong to the lower-income category," he pointed out.

He said in most countries that impose GST, the system is used in place of income tax. In most cases, he added, the income tax rate would be lowered accordingly once GST is introduced in order to lessen the tax burden on citizens.

"Should GST be implemented in Malaysia now, 10 million Malaysians who are not qualified to pay income tax now will suddenly be burdened," he said.

Rafizi added that implementing the GST should not be viewed as the only way to tackle the country's budget deficit problem.

"If you implement the GST at a rate of four to five per cent, the taxes you would collect annually would only amount to some RM6 billion which is insufficient to cover our deficit of nearly RM40 billion to RM50 billion," he said.

He said the government should first look at its expenditure and curb any leakages or misappropriation of funds before forcing GST on Malaysians and claiming that it was the best option to cut the deficit.

Earlier this month, Najib announced that the government would introduce the GST only after the next general election but did not offer any specific date.

 

 

READ MORE HERE.


 

Don’t pass the buck, Najib told

Posted: 26 Sep 2011 04:25 PM PDT

Responding to the move to pump gambling profits into the coffers of vernacular and mission schools, stakeholders say the government should not pass its responsibility to businessmen.

(Free Malaysia Today) - Prime Minister Najib Tun Razak has been reminded not to "outsource the government's responsibility to the private sector" with regard to the funding for vernacular and mission schools.

Yesterday, Najib announced that a minimum RM100 million of gambling profit would be channelled to these schools annually through a fund called "Community Chest".

The fund is run by a consortium of tycoons that paid over RM2 billion for billionaire T Ananda Krishnan's Pan Malaysian Pools Sdn Bhd (PMP) in July. It would be spearheaded by Lim Kok Tay of gambling giant Genting Bhd.

Commenting on this, Tamil Foundation president S Pasupathy said the government should take more responsibility over vernacular schools and not ride piggy-back on the efforts of the business community.

"It is a very good move but the government must go above this to assist vernacular schools. It is the government's responsibility to uphold the public school system. Najib simply cannot outsource his basic responsibility to the private sector," he added.

The funding, he said, must be used to upgrade school facilities such as computers, libraries and human resource development as opposed to building new buildings.

"That is the government's responsibility. The government is responsible for providing such basic capital expenditure like building construction," he pointed out.

On the move being an attempt to win over Chinese and Indian voters, Pasupathy said that Najib must show sincere efforts to win votes instead of merely engaging in such "piecemeal" actions.

He cited a long-standing problem that has plagued Tamil schools – relocation due to oversized classrooms.

Pasupathy said that the federal government could display its sincerity by assisting in tackling this problem.

"For example, the biggest Tamil school in Selangor, the Simpang Lima Tamil school in Klang, has always had the problem of overpopulation. So the Selangor government approved land for another Tamil school to be built in Taman Sentosa but the federal government has yet to grant the licence to build a school there," he said.

He stressed that the government still had a big role to play in tackling the root problems facing vernacular schools.

Such problems, he said, cannot be solved by funding and the people should not be "hoodwinked" by such things.

'Evidence of gross discrimination'

Meanwhile, Dr Kua Kia Soong, who has been involved in the Chinese school movement since 1983, said the funding did not change the fact that Tamil and Chinese schools should be treated as national schools.

"As usual, the Barisan Nasional government is trying to push its civic responsibility to businessmen who are reliant on the government," he said.

READ MORE HERE

 

Prosecution alleges Khir Toyo conspired with valuer to set house price

Posted: 26 Sep 2011 03:29 PM PDT

By Yow Hong Chieh, The Malaysian Insider

SHAH ALAM, Sept 27 — The prosecution in Dr Mohamad Khir Toyo's corruption trial has accused the former Selangor mentri besar of conspiring with a bank valuer to fix the price of his Section 7 house and land here at RM3.5 million.

"I put it to you that the value (of the property) was determined by you, not the valuer," deputy public prosecutor Abdul Wahab Mohamad said to Dr Khir on the second day of the latter's defence.

Dr Khir (picture), however, denied the allegation and repeatedly stressed that the value had been arrived at independently by Choy Yue Kwong, the Rahim & Co, a valuer appointed by HSBC.

The former Selangor Barisan Nasional (BN) chairman is alleged to have obtained for himself and his wife two lots of land and a house at No. 8 and 10, Jalan Suasa 7/1L from Ditamas Sdn Bhd through its director Shamsuddin Hayroni in May 2007.

The property was purchased at RM3.5 million although Ditamas had bought it for RM6.5 million on December 23, 2004.

 

 

READ MORE HERE.


 

Maybank CEO backs low interest rates

Posted: 26 Sep 2011 02:02 PM PDT

By Yow Hong Chieh, The Malaysian Insider

The central bank should maintain its low interest rate policies to spur growth given the expected slowdown in the world economy, Maybank president and chief executive Datuk Seri Abdul Wahid Omar has said.

"It is our hope that the low interest environment will remain so that the economic wheels will keep going," he (picture)told reporters after launching the new look Maybank branch at Kota Damansara here.

Abdul Wahid pointed out that a strong domestic base was needed to drive the economy and that the role of bankers was to mobilise deposits to keep growth going.

He said entrepreneurs would benefit from cheaper loans, and stressed that Malaysian banks were "very responsible" in passing the benefits of low interest rates to their customers.

Abdul Wahid also said he hoped Budget 2012 next month would address the higher cost of living with accommodative policies that would encourage domestic consumption in light of debt woes in the US.

He added that the Budget must also provide further clarity and reinforcement for projects identified earlier under the Economic Transformation Programme (ETP) as they would help boost the local economy.

‘We did not conspire against Anwar’

Posted: 26 Sep 2011 01:46 PM PDT

(FMT) - Prime Minister Najib Tun Razak admitted meeting Mohd Saiful Bukhari Azlan two days prior to the latter being allegedly sodomised by Anwar Ibrahim.

However, Najib said he had no knowledge of the June 26, 2008 (alleged sodomy) incident and therefore could not provide any information or relevant evidence on issues raised by the defence in the ongoing Sodomy II trial.

This was stated by Najib in his affidavit to support his application to set aside the subpeona compelling him to testify in the trial. His application would be heard on Thursday.

He also stated that prior to or after June 24, 2008, he never met the complainant, instructed anyone or conspirated with any individual to incriminate Anwar.

"I categorically deny any notion that my wife and I conspired in "mereka-rekakan ataupun mengada-adakan" anything which were very detrimental to the respondent (Anwar)," he said.

The affidavit, affirmed on Sept 23, also stated that Saiful only informed Najib of alleged sodomy incidents which took place prior to the June 26 incident. The prime miniser said he had advised Saiful to let the police investigate the matter.

Najib urged the court to set aside the subpeona on the ground that he strongly believes that the intention (to get him to testify) of the respondent (Anwar) was not in good faith.

According to the premier, it was just an attempt to abuse the process of the court.

Rosmah: I'm not a relevant witness

Meaawhile, Rosmah in her affidavit stated that she had never met or spoke with the complainant, and like her husband, denied involvement in any conspiracy against Anwar.

"I'm not a relevent witness in this trial, therefore the subpeona against me should be set aside," read the affidavit.

 

 

 

READ MORE HERE.

Workers can continue until 70, says employers group

Posted: 26 Sep 2011 01:35 PM PDT

By G. Manimaran, The Malaysian Insider

KUALA LUMPUR, Sept 27 — The private sector can employ a worker until he is 70 under a proposed law that mandates a minimum retirement age of 60, the Malaysian Employers Federation (MEF) said today.

Its executive director Shamsuddin Bardan said the new law will raise the current retirement age from 55 but would still allow qualified employees to continue working according to their contracts.

"The new law only sets a mandatory limit of 60 but if there are those who can work until 65 or 70, they can based on the availability and needs of employees and employers respectively," he told The Malaysian Insider today.

He said the proposed Private Sector Retirement Age Act would bring Malaysia up to speed with other markets in the region which have already set the retirement age at 60.

"The private sector has used this age (55) since independence. Then, the life expectancy was only about 50 years but now it has reached 73 to 74.

We need to use experienced human resource," he said.

The Malaysian Insider understands that only a few workers currently continue until 65 or 70.

The Employees Provident Fund (EPF) has also welcomed the government's move to extend the private sector retirement age.

Its chief executive Tan Sri Azlan Zainol wants the law to be tabled at next month's parliamentary sitting.

The Malaysian Insider reported yesterday that the government was drafting a law to raise the minimum retirement age to 60 with an option to extend for a further four years.

 

 

READ MORE HERE.


 

DAP accuses The Star of misreporting hudud quit vow

Posted: 26 Sep 2011 01:18 PM PDT

By Shannon Teoh, The Malaysian Insider

KUALA LUMPUR, Sept 27 — The DAP accused The Star today of falsely reporting that Lim Guan Eng had threatened to pull the party out of Pakatan Rakyat (PR) if hudud became part of the pact's joint policy.

Zairil Khir Johari, Lim's political secretary, wrote in an open letter to the English daily that the party secretary-general had merely promised that "the entire central executive committee (CEC) would resign to take full responsibility if hudud" became PR policy.

"An initially correct report had come to be replaced by one that was imaginatively concocted," Zairil(picture) wrote.

He said that a correct version of the article was uploaded on thestar.com.my on September 25 in which the reporter quoted Lim as saying that the party's CEC would resign if anyone could prove that hudud law was in the Common Policy Framework (CPF) or Buku Jingga.

But a second version was uploaded the next day which changed the headline from "Guan Eng: DAP top leadership will quit if hudud law included in Pakatan policy" to "DAP leaders threaten to quit Pakatan council".

Zairil said the second article "implied wrongly and falsely that Lim had threatened the resignation of the party's top leadership" from PR.

PR issued a gag order yesterday on all PR parties, barring their members from speaking on the hudud issue until the pact's leadership meets tomorrow.

The hudud issue reared its head again recently, reigniting the longstanding squabble among PR parties over whether the Islamic law, which prescribes stoning, whipping and amputation as punishment for criminal offences, should be implemented.

Major newspapers front-paged yesterday the declaration by Lim that his entire DAP central leadership would quit if the controversial law was made a part of PR's Buku Jingga agenda.

 

 

READ MORE HERE.


 


 

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Malaysia in the Era of Globalization #83

Posted: 25 Sep 2011 11:08 PM PDT

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

That is why the West is so advanced. People there obey the law even when no one is watching!

M. Bakri Musa


Chapter 10: Freedom, Justice, and the Law

No person is perfect enough to be entrusted with the liberty and dignity of others.
—Mahmoud Mohamed Taha (1909-1985)
Sudanese Reformist, executed by his country's military rulers.

I was visiting Malaysia after being away for many years. It was right after the race riot of 1969. The streets were still deserted, and I was driving with my father when we came upon a stop sign at an intersection. I duly stopped, looked around, and finding no oncoming traffic, proceeded.

My father asked why I stopped, and I responded that there was a stop sign. Startled by the unexpected question, I looked back to find him in a pensive mood, his face tilted, and his eyes looking far into the distance. After a long pause, he matter-of-factly murmured, "That is why the West is so advanced. People there obey the law even when no one is watching!"

Intuitively he had concluded that since my stopping at the stop sign was so natural, it must have been conditioned by my years of living abroad. He remembered only too well my driving habits at home a decade earlier!

While I was studying abroad, my father always encouraged me to venture beyond the campus and be involved in and observant of the community at large. Canada, he wisely observed, must be very advanced to be able to offer scholarships to foreigners, and he advised me to use the opportunity to learn everything about the country, and not just come home with a degree. Thus my summers were spent working at such places as a dairy farm and a summer resort, working and interacting with ordinary Canadians. I would write home frequently about my observations.

I described how efficient the modern dairy farms were, and of cows with humongous udders pouring out literally gallons of milk daily. Once I related how the farmer had unhesitatingly discarded a bucket of fresh milk, as he did not know whether it had been contaminated. That potentially spoilt milk, he noted, would be mixed with others, and thousands of customers would be sick. Besides, the reputation of his outfit could not be compromised or ruined for the sake of a few dollars worth of milk.

On another occasion, after a bus trip, I wrote of my wonderment at Canadian bus drivers; how professional and proud they were about their jobs. Indeed they were dressed like pilots, with their crisp light blue long-sleeved shirts neatly tucked inside their dark blue pants, complete with a bow tie and a captain's cap. That bus driver had taken us through the neighborhood where he lived and proudly showed us, the tourists, his home. It was a neat, modest track bungalow in a clean pleasant suburb. I could not help but compare him with his Malaysian counterparts who for the most part had their shirts flying loosely untucked, with untied shoes or slippers, and generally looking disheveled.

Through such regular commentaries my father knew firsthand about life in Canada. He had the right impression that the West was indeed advanced and wondered why or how it got that way while countries like Malaysia were still struggling.

My father was on to something profound when he observed that obeying the law when no one is watching is a key ingredient to the West's success. To many observers, a respect for the rule of law is a prerequisite for progress. A modern society is ruled by law, and not by men. Progress cannot take place when there is callous disregard for the law.

This respect for the law must be shown not only by ordinary citizens but also more importantly, the leaders. For when leaders abuse their privileges and flout the law, then there is little hope for the country. This abuse can come in many forms, from outright disregard of the law to more subtle forms as in selective prosecution and uneven applications of the law. When leaders and the elite do not respect the law, it sends a clear message to the masses to do likewise.

Similarly all laws must be respected, even the seemingly minor ones. The contemporary American political scientist James Q. Wilson first made the astute observation that when we ignore violations of minor laws, this would later encourage the breach of more serious ones. Law enforcement agencies are now familiar with the "broken window syndrome," that is, when we ignore minor vandalisms like broken windows, we encourage others to commit even greater crimes, until the whole building is completely wrecked or burnt down by arson. New York police successfully reduced the rate of major crimes by first cracking down on such seemingly innocuous ones as loitering, jay walking, and littering. When ordinary citizens see that such minor laws are being strictly enforced, they rightly assume that other more serious infractions would also be vigorously pursued.

Going back to my father, I should have given him an update on my driving habits now that I have lived in California for a while. Californians are among the worst drivers. They consider a stop sign only a suggestion; and a yellow traffic light a signal to step on the gas!

Apart from respect for the law, another feature of the West is the premium it places on individual and personal liberty. Americans do not appreciate this freedom as it is taken for granted. They are sensitized only when that freedom is threatened or breached. Notice the current uproar over the president's proposal to detain potential terrorists without due process in response to the 9/11 tragedies. Americans become very much aware of their cherished freedom when they are abroad.

Once on a flight to Malaysia I came upon an article in a regional publication that was supportive of Malaysia but contained some mild but valid criticisms of the leadership. I related that article to my Malaysian friend, and he too was interested to read it. I rushed to the nearest bookstore to get a copy of the magazine. (Having been away from Malaysia for a long time I have not developed the habit of swiping the airline's copy!) Imagine my horror when I could not find the article; the pages had been neatly excised! Some bureaucrats in the censors' office had the audacity to decide what I can and cannot read. How insulting! I felt violated.

This blatant disregard for the rights and dignity of the individual is pervasive in the Third World. These poor societies fail to appreciate that in the final analysis it is individuals who effect changes, and thus progress. Western societies are more progressive because they place a premium on the individual. Eastern societies generally submerge the individual to the needs of the larger society. They emphasize society's goals and stability over that of the individual, as encapsulated by the Japanese saying: the nail that sticks out gets hammered. At least that is the perceived wisdom.

I challenge that. Consider what the Sudanese reformist Ustaz Mahmoud Taha wrote in 1963, "Every individual is, authentically, an end in himself. He is not means to any other end. He – even if he is an imbecile – is a "God" in the making and must be given the full opportunity to develop as such. Liberty is the prerequisite need. Man must be free from all dehumanizing influences – poverty, ignorance, and fear."

Fifteen years earlier, the United Nations, using far less elegant prose, said essentially the same thing in its Universal Declaration of Human Rights. In its preamble the document reaffirms the inherent dignity and the equal and inalienable rights of all humans as the foundation of freedom, justice, and peace. The document's first article could easily have been taken from the Koran when it declares that all human beings are born free, with equal dignity and rights, and are endowed with reason and conscience.

Many outside the West would challenge the universality of this UN Declaration, especially its statement reaffirming the primacy of the individual. But as the Islamic scholar the late Fazlur Rahman wrote, "Whether ultimately it is the individual that is significant and society merely the necessary instrument for his creation or vice versa is academic, for individual and society appear to be correlates. There is no such thing as a societiless individual."

Next: Society and Individuals

 

DAP 2.0 in bind over hudud

Posted: 25 Sep 2011 03:59 PM PDT

The English idiom to describe the DAP predicament with regard to the hudud crisis is 'caught between a rock and a hard place'.

In 2003, Hadi issued his party's Islamic state document which avowed: "The publication of this document is sufficient evidence to squash allegations made by its enemies that PAS will not establish an Islamic state… Verily the responsibility of establishing an Islamic state is as important as performing the daily obligatory rituals of Islam."

Helen Ang, Free Malaysia Today

MCA reacted immediately to the PAS hudud drive by announcing that it would withdraw from the Barisan Nasional if Umno ever implemented the Islamic law that prescribes mandatory punishment.

Gerakan, the predominantly Chinese party, followed suit, saying: "Gerakan's political cooperation with Umno will be untenable and will likely end if the latter wishes to implement hudud…"

Umno responded with its assurance that the government would not enforce hudud.

Hmm, the jostling seems sorted on the establishment side. At least for the moment.

Now let us take a peep at the opposition players who would be fielded for the Pakatan Rakyat big match on Wednesday.

Anwar Ibrahim, the de facto electoral pact leader, and "God's Gift" to PKR, has been flip-flopping but then that is the mercurial man for you.

PAS Youth chief Nasrudin Hassan Tantawi declared that hudud has been and always would be part of the party's Islamic state agenda. This guy is remarkably consistent.

The mursyidul am or spiritual leader of PAS Nik Abdul Aziz Nik Mat is adamant that DAP is free to leave Pakatan if the party disagreed with Kelantan's intent to push ahead with hudud.

You really don't have to ask about the rest in the PAS ulama camp such as Nasharuddin Mat Isa, Tuan Ibrahim Tuan Man, Harun Din and Hassan Ali.

PAS president Abdul Hadi Awang will, of course, stay the course.

PAS Islamic state blueprint

In 2003, Hadi issued his party's Islamic state document which avowed: "The publication of this document is sufficient evidence to squash allegations made by its enemies that PAS will not establish an Islamic state… Verily the responsibility of establishing an Islamic state is as important as performing the daily obligatory rituals of Islam."

The 2003 Islamic state blueprint also promised: "Should PAS be mandated to govern Malaysia, God willing, an Islamic state as outlined in this document will be implemented to the best of our ability. Towards Victory. Allahu Akbar!"

On the matter of hudud, the PAS document stated that Muslims are naturally subject to syariah – hudud, qisas and ta'zir – while non-Muslims are given the option of either syariah or "the current penal code of the land".

Even the PAS progressives, dubbed the "Erdogan" faction', support hudud. Party vice-president Husam Musa was challenged by Umno Youth chief Khairy Jamaluddin in their one-on-one debate in December 2008 to state his stand.

Responding to Khairy's challenge, Husam replied that "Yes", hudud would be implemented if Anwar's planned takeover of the government on Sept 16 had materialised.

The PAS Islamic state document covers the area of supremacy of God's law, the khilafah (custodians who administer the state according to Islam's teachings), taqwa (god-fearing), shura (consultation), and al-'Adaalah wal Musaawah (justice and equality), among others.

Among the main characteristics of an Islamic state, according to PAS, are obedience to religion, obedience to the state and adherence to the exhortation to enjoin good and forbid evil.

'Amar ma'aruf nahi mungkar'

Aaah, "enjoining good and forbidding evil". The phrase that DAP secretary-general Lim Guan Eng made famous throughout the country with his constant use of it and even putting up its Arabic version "amar ma'aruf nahi mungkar" on big billboards all over Penang.

Lim, having trumpeted to the length and breadth of the land that his administration was modelled after the Islamic governance of the celebrated Caliph Umar Abdul Aziz, would (one hopes) carry himself as someone respectful of Islamic norms, forms and aspirations.

The old guard of the DAP such as "over my dead body" Karpal Singh and "compulsory tudung is unacceptable" Lim Kit Siang would not have hudud as they are sticking to the idea that Malaysia is secular.

But DAP 2.0 itself treats Karpal and Kit Siang as if the duo are twin dinosaurs fossilised in outmoded pre-March 2008 thinking.

DAP 2.0 has, on the contrary, rebranded and packaged "inclusiveness" to appeal to Malay voters.

Yet very few Malays and Muslims would agree that ours is a truly secular country (but we'll leave that quarrel for another day).

In the meantime, let's just see how the Muslim politicians and opinion leaders have tackled the hudud bombshell. Note that they are very careful in choosing their words.

Muslim views on hudud

Former Perlis mufti Mohd Asri Zainul Abidin said Malaysia is not ready for hudud but "it can be implemented if all the conditions are met and the situation, conducive". Nonetheless, he added that it is important now to create the required situation by making the people understand hudud and undertaking other preparations to lay the groundwork.

Deputy Prime Minister Muhyiddin Yassin is again as forthright as he was previously in acknowledging the importance of the Malay identity to him. Muhyiddin acknowledges: "As a Muslim, I cannot reject hudud law. This is a fact from the Islamic law aspect but its implementation has become a subject of debate today."

Fair enough, and honest of him to speak plainly.

Muhyiddin said he does not question the need to implement hudud but Umno's stand is that in Malaysia we cannot implement it in the present situation.

Observe that Muslim politicians on the BN side do not question hudud but skirt around its suitability given the circumstances of a sizeable non-Muslim population.

Which is also essentially the contention employed by Umno vice-president Ahmad Zahid Hamidi who opined that Malaysia's multi-cultural setting makes it unsuitable for hudud law to be implemented here.

Kita president Zaid Ibrahim once challenged the 1993 Kelantan hudud bill in court but he was similarly careful to observe only that it is at variance with the Federal Constitution.

Zaid's legal argument goes that federal legislation alone allows certain corporal and capital punishments, such as hudud's amputation and death penalties. The states cannot enact their own separate penal code with such heavy punishments.

Muslim leaders are most meticulous to appear not to directly criticise hudud.

READ MORE HERE

 

Hudud rears its ugly again

Posted: 24 Sep 2011 07:15 PM PDT

Islam has been said by Muslims to be part of the Abrahamic faith, thus it is not surprising the retributive justice principle — the punishment must match the injury, an eye for an eye, and a tooth for a tooth —  is indeed derived from both the Jewish Torah (Old Testament in Exodus 21:22-25 and Deuteronomy 19:16-21) and the Christian Gospel (New Testament in Matthew 5:38-42).

Bob Teoh, The Malaysian Insider

The hudud controversy has the habit of raising its ugly head whenever elections are around the corner. This piece of Syariah legislation is a bane to both Muslims and non-Muslims alike and has no place in our statute books as it stands.

It's timely that Prime Minster Najib Razak has said that although hudud laws are accepted in Islam, the reality is that they cannot be implemented in Malaysia.

PAS vice-president Salahuddin Ayub said just as much that hudud laws are "imposible" to implement so there is no need to discuss such things.

That being the case, both the ruling coalition and the Opposition must immediately pledge they will refrain from allowing the hudud controversy to be manipulated into an electioneering platform. This much they owe Malaysians.

Sadly, some are quick to offer a quick-fix that hudud laws should be applied to Muslims only while sparing the non-Muslims. This is offensive simply because under our Federal Constitution, all citizens are equal before the law. No one is above the law nor out of it.

In such a dualistic legal system, in a crime like zina (fornication), the Muslim so accused is subject the harshness of hudud while a non-Muslim party who may be equally culpable, escapes such its severe punishment. How can that be fair? It takes two to clap after all.

Even if it is restricted to Muslims, the law is equally obnoxious, particularly to Muslim women. For instance, Hajjah Nik Noriani bte Dato Nik Badli Shah in her paper, "Hudud Laws and its Implications on Women (1994)", points out that according to the Kelantan Syariah Criminal Code (II) Enactment 1993, in the case of zina, pregnancy or delivery of a baby by an unmarried woman shall constitute evidence on which to find her guilty of zina unless she can prove to the contrary.

The gender bias is also heightened by the fact that only men can be witnesses in such trials.

The Terengganu Syariah Offences (Hudud and Qisas) Bill, or the Hudud Bill, was introduced by Pas in 2002 when it was in power there but was never implemented as is in the case of Kelantan.

Let's be clear. No one is against Muslims wanting to introduce Islamic jurisprudence but unless we can resolve the cruel an-eye-for-an-eye retaliatory nature of qisas with compassion, we will all end up blind.

The Qur'an demands justice to be tempered with compassion. That much is clear. That is why all the 114 Surahs except for Surah Al Tawbah, begins with invoking the Bismillah,  a God who is compassionate and merciful. We cannot turn a blind eye to this doxology.

Hudud in Arabic means "limit" or "restriction" and usually refers to certain crimes like theft, fornication, consumption of alcohol, and apostasy. Hudud is one of four categories of punishment in Syariah that includes qisas following the Biblical principle of an-eye- for-an-eye (Surah Al-Ma'idah verse 45).

Islam has been said by Muslims to be part of the Abrahamic faith, thus it is not surprising the retributive justice principle — the punishment must match the injury, an eye for an eye, and a tooth for a tooth —  is indeed derived from both the Jewish Torah (Old Testament in Exodus 21:22-25 and Deuteronomy 19:16-21) and the Christian Gospel (New Testament in Matthew 5:38-42).

READ MORE HERE

 

Revise perspectives, not facts

Posted: 24 Sep 2011 07:02 PM PDT

The recent issue of Bukit Kepong could be food for thought for the special committee set up to carry out a review of history textbooks for secondary schools.

"We had no other choice but to pick up arms against the colonial power when the peaceful path was shut down. It was not us who closed that path but the British. All the organisations and democratic political parties were outlawed and their members arrested, detained and hanged. There was no other way to fight peacefully or constitutionally."

Stories by HARIATI AZIZAN and ROSLINA MOHAMAD, The Star

IT may have happened almost 60 years ago but the din of the firing guns and the whirling blades of helicopters hovering above the thick jungle during the Malayan Emergency is still vivid in the mind of retired soldier Baharin Abu Bakar.

What haunts 83-year-old Baharin most is his memory of comrades being killed in combat by communist insurgents.

"(Once in a while) the memories will come flooding back and it is very difficult to hold back my emotions," says Baharin, who was a soldier for more than 36 years.

Upset veteran: Baharin (centre) wearing his police uniform during the demonstration in Kuantan.

He, too, was almost shot by the communists, he says.

"I was a young recruit at that time. I was afraid but I fought them," shares the "war" veteran who was stationed in Kuala Lumpur for five years and then transferred to Bukit Galing Camp in Kuantan. He was stationed there until his retirement on Dec 31, 1988.

Recalling the operations against the communists in the thick jungles of Malaysia, including Sarawak and the borders of Thailand and Malaysia, he says they normally took between two and three months.

"I had friends who went to Sarawak alive but returned in coffins," says Baharin.

There were even times when they had to battle not only the enemy but also hunger, as new supplies could not reach them due to bad weather or lack of space for helicopters to land and make their drops, he adds.

As is usually the case in historical traged ies, those who killed and were killed were neither especially sadistic or especially virtuous. - DR RACHEL LEOW

Meagre food supplies and dangerous conditions in the harsh jungle, besides being shot at and killed, also threatened the Malayan nationalists, as noted by one of the leading female leaders of the Communist Party of Malaya (CPM) Shamsiah Fakeh.

As she wrote in her memoirs, many of her fellow nationalists were forced to go into the jungle and join the armed struggle when the British started cracking down on them.

"We had no other choice but to pick up arms against the colonial power when the peaceful path was shut down. It was not us who closed that path but the British. All the organisations and democratic political parties were outlawed and their members arrested, detained and hanged. There was no other way to fight peacefully or constitutionally," she wrote.

From their accounts, it can be seen that both groups had to make personal sacrifices to achieve their objectives in the course of the nation's history.

But who is more deserving of a place in the nation's official narrative of history?

This issue came up recently when PAS deputy president Mohamad Sabu was reported to have made some unconventional remarks about a well-known episode during the Malayan Emergency – the attack by the communists on Bukit Kepong in 1950.

Although Mat Sabu has since maintained that he was misquoted, his "remarks" have created a storm of sorts in various circles. Family members of the victims and hundreds of retired policemen and soldiers like Baharin were also reported to be outraged.

"I was very upset; I still am," Baharin says.

Need for a review

Coincidentally, the secondary school history textbooks are currently being reviewed to make it more "suitable" to the country's current needs and future challenges.

A special committee was established earlier this year to carry out the review, which is due to be completed by the end of the year. A few committee members, however, have come out in defence of the present curriculum.

One is the committee's chair, Malaysian Historical Society's executive committee chairman Datuk Omar Hashim, who reportedly said there was no need to rewrite the nation's history as improvements were being made continuously.

"Changes are made through improvements. If there is new information or evidence, we will study its veracity (to see) whether additions need to be made. History is a dynamic knowledge," he was quoted as saying.

Historian Datin Paduka Ramlah Adam, who is also on the special committee, is against the idea of rewriting our textbooks too, pointing out that there is nothing wrong with them.

For other academics, however, the recent brouhaha only reinforces the urgency for a rewrite.

Dr Lim Teck Ghee, spokesperson for Campaign for a Truly Malaysian History, a watchdog group set up to monitor the revisions proposed by the special committee, believes that the Bukit Kepong episode is only one of many events in our history where political gains are being sought.

"The politicians should get out of trying to influence how history is being written or taught in schools. Leave it to the professional scholars, and by this I mean those that are respected authorities from within Malaysia and abroad," he says, emphasising the importance of selecting independent and internationally-recognised scholars to help in interpreting our history.

Revising the textbook does not mean rewriting history, he stresses: "It is a matter of reviewing factual inaccuracies and biases."

He cites the case of the left and armed struggle in the pre-Merdeka era as an example.

"Acknowledging their contribution is not altering history. Facts are facts. The left and armed struggle was for the independence of the country from the Japanese and British rule. No amount of distortion can alter this," he says, adding that historical issues such as the left and armed insurgency have their established scholars and they should be consulted.

"At least, their works and findings should be brought to public attention in the current controversy. Instead, we have heard from politicians as well as academics who have not worked on these issues and really should not get involved."

Dr Lim strongly believes it is possible to give an accurate account of history.

"There are events, official records, eyewitness accounts, memoirs, photographic evidence, archival materials – all of these when evaluated by the scholar provide the basis for historical interpretation and accounts. Those who disagree should challenge on the basis of rigorous research and publish their findings in appropriate journals," he says.

"We should not be afraid of other interpretations of history if truth and accuracy are our guiding principles."

Dr Ranjit Singh Malhi, another historian, concurs. "We cannot be 100% objective but we can be generally objective."

Diverse perspectives

Dr Rachel Leow, who has been appointed a Prize Fellow at Harvard University (Economics, History and Politics), agrees that Malaysian history needs to be looked at from diverse angles.

Citing the period of Emergency in Malaysian history as an example, she points out that it is not just a story of Red violence triumphantly crushed by the government, after which everyone lived happily ever after.

"There are so many other aspects to consider. There was a large, messy left-wing movement in an open and fully legal struggle for political representation. There were civil protests, student activism, Malay radicalism, and anti-colonial movements in which not only Malayans but the whole of the colonised Third World participated," she highlights.

The issue of "sensitivity" remains, however. Acknowledging the trauma of the survivors, Dr Leow points out that every traumatic history, from the Holocaust to Japanese imperialism to 9/11, is difficult to write.

"And we're dealing with a very raw past here. The Emergency happened less than half a century ago. It is relatively recent history. Slavery in the Americas has a 400-year history, and it is still traumatic.

"In these conditions, let's not fool ourselves. There can be no guarantee of objectivity. People will get upset. Anyone who is sincere about learning more about Emergency history should accept that.

"But that is no reason to gag ourselves in fear. On a personal as well as societal level, we deal with emotional trauma through trying to make sense of the past.

We can't be objective, we can't always agree, but we can be respectful and sympathetic. And I think it is worth doing even if we find it painful – indeed, precisely because we still find it painful."

Providing the different perspectives openly and letting other opinions be carried so that it is not only survivors' stories and voices that are heard is the best way to deal with our painful past, says Dr Lim.

Talk is necessary

More importantly, ordinary Malay­sians should have the right to discuss alternative versions of history, these historians agree.

"We don't need to be scared of differing analyses and perspectives, opines Dr Ranjit, "and there is no need to charge those who highlight them with criminal offences or accuse them of threatening national security.

"I think this controversy has opened our eyes on the importance of giving a more truthful and balanced account of our country's history."

As Dr Leow points out, the debate on Bukit Kepong so far has looked like this: "They were heroes. No, they were villains. They were heroes! No, they were villains!

"This is what that brick wall looks like. Please stop searching for heroes and villains in Bukit Kepong. As is usually the case in historical tragedies, those who killed and were killed were neither especially sadistic or especially virtuous, but ordinary people in extraordinary circumstances."

She cautions nonetheless that debates are only as healthy as their participants.

"If we have respectful people who are as willing to offer their opinions as they are to learn from others, then we will have healthy debates and discussions that don't descend into shrieking and lynching," she says.

"It's not a question of academic versus non-academic domains: both are equally capable of producing healthy and unhealthy discussions.

"There's also the fact that many politicians benefit from unhealthy discussions. They like people to be angry, because angry people are stupid and easily mobilised to stupid ends."

Dr Leow says it is most crucial to equip the young with the skills and interest to explore more sources of information and research on history, at least to enable them to look at the big picture and understand, if not to participate in, the discussion.

"Textbooks don't cover everything ... but why should you depend on a textbook if you're really interested in finding out about the country's history? To me, it's not the factual gaps in textbooks that is worrying. I'm much more worried about what sort of society we will have if Malaysians think there will always be just one textbook out of which they can be spoonfed the truth."

 

Nik Aziz's wily hudud agenda

Posted: 23 Sep 2011 04:41 PM PDT

Karpal might be thinking that he was dealing with more oddities: in response to Anwar, Karpal was "somewhat taken aback" with the stand of his client in the sodomy trial but avowed that Anwar's stance was "personal and it does not reflect the stand of the PKR". Karpal is correct on his prognosis of Anwar, who is in it for his self-preservation simply because his trial on charges of sodomising a young male aide would have been a non-starter if hudud laws were applied.

New Straits Times Editorial

PAS, or at least its feisty spiritual leader Datuk Nik Abdul Aziz Nik Mat, wants to desperately reinstitute its Islamic state and hudud agenda barely three months after it shelved its most cherished dream to make way for a tenuous but politically expedient welfare/benevolent state.

You have to ask why Nik Aziz, who is also the Kelantan menteri besar, would risk resuming a feud with the DAP. Wasn't it Pas which rebranded itself when it surprisingly forged the "welfare/benevolent" state policy while electing that non-ulama political jester Mohamad Sabu as the party's new deputy president.

It could not be a coincidence. The shelving of the Islamic state goal was embraced by Pas' Pakatan partners, the DAP and PKR.

Even the feistier former PM Tun Dr Mahathir Mohamad wryly remarked that DAP's Karpal Singh emerged the true winner after rebuffing the Pas ideal for years.

That was that but suddenly, the nation was riveted by the controversy that Mat Sabu outrageously ignited: he re-classified the Communist terrorists who massacred the 25 Malay police officers and their families in Bukit Kepong decades ago as "freedom fighters" on the basis that the dead were "British" officers.

Even Karpal and his senior DAP colleague Tunku Abdul Aziz, for their entire critical stance against the BN government, could not so stomach Mat Sabu's historical revisionism that they categorically made their feelings known in the mainstream media.

A month of intense debates later came Nik Aziz's startling pronouncement: initially Pas was to discuss with PKR and DAP on the idea of forming an Islamic state, but this was quickly upgraded into total dismissal of anything the DAP might have to object.

Karpal steadfastly rejected Pas' Islamic state pursuit as unconstitutional and impossible to implement. Kedah Pas wasn't enthusiastic while religious maverick, Dr Asri Zainul Abidin, articulated that hudud laws were unsuitable because the time was not conducive.

Sensing an opportunity, PKR de facto leader Datuk Seri Anwar Ibrahim backed Nik Aziz's declaration while asserting that in principle, Islamic law could be implemented without infringing non-Muslim rights.

Karpal might be thinking that he was dealing with more oddities: in response to Anwar, Karpal was "somewhat taken aback" with the stand of his client in the sodomy trial but avowed that Anwar's stance was "personal and it does not reflect the stand of the PKR".

Karpal is correct on his prognosis of Anwar, who is in it for his self-preservation simply because his trial on charges of sodomising a young male aide would have been a non-starter if hudud laws were applied.

The strict demand that FOUR morally-upright witnesses be produced as opposed to the alleged victim's testimony supported by DNA evidence was Anwar's natural defence. In the meantime, it didn't take long before Pas' (or Nik Aziz's) true form re-emerged. That hardcore essence of pursuing the Islamic state and execution of hudud laws is in their DNA. It is like instructing a scorpion not to sting.

It is obvious that Nik Aziz loathed the "welfare/benevolent" concept to begin with when the party chartered that vision to appease its political partners on the thought that it could swing voters should a snap general election they cavort be called.

But force of habit compelled the wily old guard to revert his position, thus triggering the old feud with Karpal and his secular soul mates.

But what does this lead to? The return to the old political bread and butter issues are understandable but eventually problematic because it still clashes with the Federal Constitution besides the bad blood with the DAP.

Pas is fond of accusing Dr Mahathir as the influential individual who barred the formation of an Islamic state in Kelantan but that's convenient scapegoating and cannot be a long-term plan.

The government, from the time of the founding fathers right to Dr Mahathir's era and now to the Najib administration has found it fit to retain Malaysia's moderateness while installing sensible Islamisation policies, a framework secularists have accommodated all these years.

Here are possible scenarios for Nik Aziz's abrupt reversal:

- Could it be that Mat Sabu's blighted history lesson was to distract detractors from his personal peccadillos; and,

- Because of Mat Sabu's indiscretion, Nik Aziz's born-again declaration was to avert a simmering electoral fall-out.

In Nik Aziz's supposition: better to reconvene the feud with the DAP on the Islamic state quandary rather than get kicked in the rear by voters, especially former soldiers who valiantly fought the terrorists, on Mat Sabu's poorly-judged departure from conventional wisdom that was a closure for the nation a long time ago.


Using hudud card to rally support

Posted: 23 Sep 2011 08:30 AM PDT

Realising that Barisan Nasional is making strides with Malay support, Datuk Seri Anwar Ibrahim is now openly embracing hudud law in support of PAS' ambition. His move may cost him the votes of non-Malays and moderate Muslims.

COMMENT By BARADAN KUPPUSAMY, The Star

AGAINST great risk of losing the support from non-Malay voters, Datuk Seri Anwar Ibrahim has come out to endorse hudud law in Kelantan, backing PAS spiritual leader Datuk Nik Aziz Nik Mat's plan to implement the law and set up an Islamic state in the state.

The Opposition Leader's backing, although he said was in his personal capacity, is hugely different from his earlier commitment to religious pluralism and a multi-ethnic, secular society governed by secular, man-made laws.

The sudden change in attitude is a recognition on the part of PKR and PAS that they are rapidly losing Malay support with their concession to and dalliance with non-Malays, especially the Chinese voters.

This recognition had slowly dawned on them but was accelerated by the "Mat Sabu" incident in which PAS deputy president Mohamed Sabu has come under persistent fire for saying that the 26 policemen and their families who died defending the Bukit Kepong police station in 1950 against a band of communists led by Mat Indera, were not the real heroes.

The real heroes are Mat Indera and his communist band, Mat Sabu had claimed.

The incident has riled up many Malays and over 1,000 police reports were made.

Mat Sabu might have been charged for criminal defamation, but the case has strongly moved the Malay emotion and has become a rallying point against PAS.

No senior PAS leader has come to the defence of Mat Sabu who was left to manage the crisis on his own.

Umno has used the Mat Sabu case as a national rallying point whipping up strong reaction against him and PAS, accusing them as unpatriotic and showing little respect for the nation's founding fathers, Tunku Abdul Rahman and Datuk Onn Jaafar.

Constant reminders in the mainstream media that PAS had abandoned Islam and that it better drop the word "Islam" from its name has begun to rattle the party as well.

It is true that the party had abandoned its Islamic state policy for a welfare state at its last muktamar in July.

It also went on to elect Mat Sabu, a non-ulama who doesn't wear a turban and Arabic clothes, to its second highest elected office.

DAP especially was overjoyed with the way things had turned out at the PAS muktamar. But now that Anwar has sided with Nik Aziz on hudud, it has been left holding a time bomb in its lap.

DAP chairman Karpal Singh has always pointed out that hudud law was unconstitutional and the Federal Constitution would have to be amended to implement it.

That's why although the hudud law was passed in Kelantan and later in Terengganu, they were never implemented without the Federal Government's active support.

Deputy Prime Minister Tan Sri Muhyiddin Yassin said on Thursday that the Federal Government would not implement hudud law as Malaysian society was not ready for it and investors would get worried.

It appears that Anwar, after years of preaching pluralism and Islamic moderation has come out in support of hudud law in Kelantan saying it was clear and would administer justice for their intended purposes.

It is a blow to all Anwarites. Both PAS and PKR are now seeking to win over the Malays with this sudden and fundamental change in policy towards hudud.

After four years, they now realise that only DAP would stand to benefit from their dalliance with the non-Malays.

But it is too late in the day to reverse track and try to appease the fundamentalist Malays with the promise of an Islamic state.

By coming out in support of hudud they are also alienating many Ma­­lays who oppose the law and had supported PKR's multi-racialism.

That section of support for PKR is also now in danger with Anwar's readiness to embrace hudud law in Kelantan.

The nation was founded on one set of secular laws and only one.

To introduce another set, no matter if it does not involve non-Muslims, is a radical move without precedent and will significantly impact on every facet of our life.

DAP, which has championed secular law, must come out in the open now and state whether it too supports hudud on the grounds that it does not involved non-Muslims.

What about the moderate Muslims who oppose hudud but support DAP?

The issue is fundamental and sits at the core of the relationship among Pakatan Rakyat parties.

Can they run and carry a theological party like PAS whose only ambition is to create an Islamic state?

Nik Aziz has made himself very clear on the matter. He is all for hudud law in Kelantan and when Pakatan Rakyat captures the country, for all of Malaysia.

That has been the pillar of PAS' struggle since the party's inception in 1951.

Politicians are ruled by political expediency and Anwar is no different. Realising that he is losing crucial Malay support, Anwar is forced to come out to endorse hudud law and support Nik Aziz's plan in Kelantan, leaving DAP out in the cold.

 

Mositun spoke too soon about PBS being vindicated

Posted: 22 Sep 2011 01:33 PM PDT

Mositun and the other leaders in PBS must understand that many PBS members and supporters still believe the PBS shouldn't have rejoined the BN because of bigger issues, not just because of the ISA. Just because the ISA will be repealed doesn't make the members and supporters any happier.

By Daniel John Jambun

When the Prime Minister announced the government will repeal the Internal Security Act and other important reforms, Datuk Johnny, PBS' Information Chief celebrated, saying it was clear proof that the Barisan Nasional (BN) government is responsive to the people's feelings. He claimed that, "These important reforms vindicate the decision by our President, Tan Sri Joseph Pairin Kitingan, to rejoin the BN 10 years ago. Today Pairin's faith in the BN to do the right things for the people and nation has been proven correct."

But he has spoken too soon. Now, the proposed repeal has boiled up a storm, with Tun Mahathir expressing worry that irresponsible people may abuse the freedom, and a national security expert in Singapore saying it is a dangerous thing to do. But while we are glad that the BN is opening doors to more freedom, we have to realize that there are still many repressive laws out there that are suppressing our freedom and giving Malaysia a bad reputation among the regional and international communities. Such laws include the Official Secrets Act (OSA), the Universities and University Colleges Act (UUCA), the Multimedia and Communications Act, the Public Order (Preservation) Ordinance. Instead of celebrating too soon, why doesn't Mositun make a call to urge the PM to repeal all these laws as well?

 

Many opposition leaders and NGOs have expressed strong suspicion that the PM's announcement was just a sandiwara, or an act to put old wine into new bottles and to make it even worse by introducing two new laws. There is no guarantee that the new laws will not be as draconian as the ISA. And the proposed repeal will only be done next year which raise the question: Will that be after the general election? If so, Najib is only performing a clever vote-fishing trick. And may I ask: If the new laws are still having ISA-like provisions as demanded by Ibrahim Ali, will Mositun demand that PBS leaves the BN, because the PBS would then be "unvindicated"? Mositun's habit of jumping the gun and apple-polishing for the BN had made him lose his political character and credibility, and may very well be a liability to his own party.

 

Also, Mositun and the other leaders in PBS must understand that many PBS members and supporters still believe the PBS shouldn't have rejoined the BN because of bigger issues, not just because of the ISA. Just because the ISA will be repealed doesn't make the members and supporters any happier. The whole issue about PBS re-joining the BN in 1998 centres on the question of principle and the spirit of the struggle of the Kadazandusuns. If the PBS undertakes an independent survey today I sincerely believe it will confirm the fact that most Kadazandusuns don't think too highly of the Huguan Siou anymore, and that PBS' struggle is more for personal interests than for the people's long term vision. The fact still stands that by joining the BN, PBS had become subservient to Umno, which has a strong effect on the morale of the Kadazandusuns.

 

The unhappiness about PBS is not limited to members and supporters only but among its leaders. There is now the possibility of revolts by leaders in the PBS due to unhappiness over choice of candidates, and Pairin's insistence on contesting in both Keningau and Tambunan again after three decades. Their impatience over the long-standing issue about the illegal immigrants from the Philippines and Indonesia is just about to boil over because they believe the party's top leaders have been kowtowing to Umno for too much and for too long. To them the so-called deadline PBS had given the BN to solve the illegals problem by 2012 is not enough, and seem just a ruse to cool down their impatience.

 

The other prickly issue facing the PBS is the unfair power-sharing formula in the state in which Umno takes more than half and the rest is split between the rest of the components. Because of this, an online portal reports that PBS' divisional chairman for Sook, Bernard Maraat, is a potential rebel to stand as an independent in the coming election.

 

In an effort to convince the people that PBS is really fighting for their interests in the BN, the PBS Secretary General, Datuk Henrynus Amin had also made a statement this week that the PM's announcement to repeal the ISA "showed BN was responding to the grouses of the people and therefore a victory for democracy, human rights and civil liberties." But by saying that he was also admitting that all these years when the ISA was used, it was a defeat for democracy, human rights and civil liberties! So why did the PBS support the BN all those years, knowing it was wrong and humanly immoral?

 

Henrynus also proposed how BN should adopt "winnable policies and winnable political strategies" for the next general election. He should be reminded that for the BN to win the next election, it doesn't have to hire any world-class thinktank to come up with complicated strategic plans or use billions of ringgit to corrupt the voters. All it has to do is to list all the grouses raised by the people and resolve these within the next few months!

 

Henrynus and Mositun need to ask BN if the federal government and UMNO will ever agree to reinstate the original promised rights and autonomy for Sabah and Sarawak, to establish the RCI to look into Project IC, to raise oil royalty to 20 percent or more, to reform many government institutions (such as the police, the judiciary, the MACC, the election commission, the Malay-dominated education system), to wipe out corruption, cronyism and political patronage, to stop the many abuses of power, to stop the suppression of the Christians (by allowing the Bible to be printed in any language in Malaysia), to shut up the mouths of mad Malay nationalists like Ibrahim Ali and to end the seditious speeches about Malay supremacy, to implement true meritocracy, transparency, accountability and openness which are the epitomes of good governance.

 

And there is also the problem of the depressed and down-sliding economy, the high inflation rate and the worrying depletion of our purchasing powers, the brain drain, the cabotage policy, the Malay-centric public service, the border security problem, the high rate of violent crimes, the yo-yo experiments with the education system, the highly contaminated electoral rolls, the non-transparent and very suspicious election process, the lack of independence of the judiciary, and so on and so on. If the BN will listen to the PBS and do all these, ONLY then will PBS be truly vindicated. When this happens, I am certain not just the PBS leaders and members, but the opposition leaders and supporters as well, will join in the celebration with dancing and fireworks! And the opposition will have no more issues to talk about!

 

Testing the limits of reform

Posted: 22 Sep 2011 12:09 PM PDT

Prime Minister Datuk Seri Najib Tun Razak indeed has the country buzzing with his promises of sweeping reforms, but any change to these laws will take at least a year – and that's practically an infinity in politics.

By Azmi Sharom, The Star

THERE'S been so much excited quivering during the past week over the Prime Minister's Malaysia Day speech that I sometimes feel like I'm living in a bowl of jelly. This is not the first time a PM has made the Malaysian public as giddy as schoolgirls at a Justin Bieber concert.

I am old enough to remember former prime minister Tun Dr Mahathir Mohamad's "Clean, Efficient, Trustworthy" promise upon taking power and how people thought that this was the beginning of a new type of government. One that was not "dirty, incompetent and dishonest". Of course, after the numerous financial scandals involving billions, that hope went out the window.

Tun Abdullah Badawi's "work with me not for me" statement also captured the public's imagination and his promise for greater civil liberties had hardcore opposition supporters voting BN for the first time. It didn't take too long before tear gas and chemical water cannons washed away the euphoria which greeted the new PM.

Now it is Datuk Seri Najib Tun Razak's turn, and indeed he has got the country buzzing with his promises of sweeping reforms.

The Internal Security Act (ISA) is to be abolished, and the Printing Presses and Publications Act (PPPA) amended along with a slew of other changes.

I do not believe that I am being overly cynical when I say "this is all well and good but I'll believe it when I see it".

My concern is two-fold. First, unless and until we actually see the shape that the amended PPPA takes, and until we can closely scrutinise the two new laws which are supposed to be the replacement for the ISA, I think it is premature to think that we are finally rid of these draconian laws.

From my understanding, under the proposed amended PPPA, a newspaper can still have its licence taken away by the Govern­ment. Is this process going to be easy for the Government and without any recourse to the courts for the paper? If so, then there's not much change, is there?

The same goes with the two new security laws that are supposed to replace the ISA. If there is still broad discretion to detain without trial then all we have is old wine in a new bottle. I am unconvinced, for example, that the new laws will only be used for terrorism cases.

If the new law is only for terrorists, who is going to define who is a terrorist and who is not? And without a trial, a detention order can still be easily abused – all one needs to do is accuse a person of being a terror threat.

My second concern has to do with the sustainability of the idea within Umno. Let's not forget, the system of government we have in Malaysia follows the Westminster model, that is to say we don't vote for our PM directly.

The PM is fundamentally the choice of the party with the majority in Parliament, as opposed to the presidential system where the leader of the nation is chosen directly by the people.

If this idea to abolish the ISA and to make these sweeping systemic changes is primarily from the Prime Minister, how can we be sure that his party will follow through with it if he is no longer PM?

Any change to these laws will take at least a year. A week is a long time in politics, a year is practically an infinity – and anything can happen in such a period.

Putting my concerns aside, I hope that something positive will come from these promises and that these laws will be changed, and the changes will be substantial and meaningful. If it does happen, let us not forget that they happened because the people wanted it to happen.

No matter what the ruling party claims, if it wasn't for the shock that they had in March 2008, if it wasn't for the constant call for the repeal of these laws from the public and civil society, we wouldn't all be quivering as we are now.

 

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