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The Scared Right January 21, 2008

Posted by rahulian in Asia, Current Affairs, Foreign Policy, Free Press, Human Rights, Malaysia, Politics, Social Justice.
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Since the Hindraf march in November had taken place, there has been a lot of development in Malaysia especially in terms of socio-thinking and political strategy. Though the Right Honourable Prime Minister has said that the elections could be anytime within the next one year, the feeling in the nation is quite the opposite as everyone is expecting the elections soon as the party machineries are already at work.

The exposé of the whole episode during that faithful day in November and its aftermath in the foreign press has shown us that the government can no longer hide behind the draconian laws that the country has in restricting media here within the country. The world is now taking notice of the developments here and the impact of the rally should not be understated. In fact, the most unbiased reporting was done on Al-Jazeera which has one of its bases here in Malaysia. They have been linked to the Al-Qaeda many times thus many are apprehensive of their reporting and views but they have shown and they do not bend to the will of those in power unlike some of the western media that focused only on the American view of the war in Iraq and not the truth of what actually happened there.

As for things in Malaysia, the rally that day opened up a large volume of quantitative and qualitative debates. There are still five people being detained under the Internal Security Act and this draconian law does not even have a place in the holy books of any religion. There is no religion that supports the detention of human beings without a fair trial. The key words are fair and trial. When there is not even a trial, how then can we expect fairness? Do we still need such laws? These laws were created during the EMERGENCY and it seems the power that may be wants us to remain always in a state of EMERGENCY.

We are all so busy during our teh tarik sessions and mee goreng moments talking about Mr. Lingam doing a constitutional duty reserved for the Supreme Head of Malaysia on the advice of his Right Honourable Prime Minister. Yes, the role of appointing the judiciary has come under public scrutiny as of late. Why blame the office boys when the real culprits are someone else? If the government itself does not have the confidence that the Courts will be able to deal will all matters fairly and justly, how can we have any confidence in the judicial system? The ISA undermines the powers of the Judiciary and the Lingam fiasco confirms that the government in all ways are undermining the ability and the jurisdiction of the Judiciary. The Judiciary is our last resort to resolve disputes and safeguard our Constitutional rights but if the Judiciary itself is in problems, what chances do we have?

Leaving the judiciary aside, let us look at the interviews given by our Right Honourable Ministers in the foreign press. The BBC and the Al-Jazeera interviewed among others, the de facto Law Minister, Mohammad Nazri Abdul Aziz, the Information Minister, Zainuddin Maidin and the Foreign Minister, Syed Hamid Alba. I was extremely disappointed at the way they carried themselves and the answers to the questions asked were either deflected or ambiguously answered. Maybe that is what many years of politics makes them an expert on…..the art of deflection.

The Information Minister while asked to comment on Terengganu’s chances this elections by RTM (midnight news), he was quick to say that they government has done very well in the state and the leadership of the Chief Minister has been excellent. However, he paused for a moment, for someone to remind him of the name of the Chief Minister. If it was just a memory lapse then fine, but is it not the duty of the Information Minister to have such vital information at his fingertips. They do mingle after their meetings while having the teh tariks and mee gorengs.

My intentions are not to condemn anyone but I expect as a voter and citizen of this country that those who represent me must do their jobs with the utmost professionalism and dignity. The world press must take note of our representatives and give better coverage to the country for the right reasons. The image shown by the representative is the image foreigners will have of this great nation.

If the qualities that the foreign press sees in our beloved country are always in the negative, how are the foreign investors ever going to invest their money here? Looking at the instability in regions like Africa and South America, would we invest there with all that’s happening? The foreigners will look at our situation the same. Would we be looking at a regional business block under ASEAN if we can compete against the new emerging economic superpowers, China and India? The reason we need to collaborate is that we are losing business and we are losing fast.

In the Iskandar Development Region (IDR) the main investors according to a local weekly were people from the Middle East. However, the weekly also said that the full details of investors will be clearer in March when the master plan is unveiled. IOI Properties and YTL have recently purchased properties in Singapore but have not pledged anything in the IDR. The implications may be insignificant come March, but how are foreigners going to invest here if Malaysians companies might still have reservations themselves?

The Right Honourable Prime Minister announced that Thaipusam will be a holiday for Kuala Lumpur and Putrajaya as well. If the rally did not take place and the elections not coming, would the day be declared a holiday will never be known. Nonetheless, every Hindu in the country is happy with the announcement.

History bears witness that all our forefathers FOUGHT and LIVED as one so our home, this country of ours can prosper. We come from all kinds of different backgrounds whether it is race, religion, culture, financial status or just the different areas in the country. That should not be a reason to separate us. The powers that may be can only control when all are divided. It only took a fraction of society to start changes. It is time we all exercised the most sacred of our Constitutional rights, the right to VOTE. Many may say it is going to be the same whether we VOTE or not, but unless we try, we would never know. I rather live my live knowing I tried then to wake up thinking WHAT IF. 

Merdeka – A Critical Evaluation September 5, 2007

Posted by rahulian in Free Press, Malaysia, Politics.
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Last Friday, Malaysia celebrated its independence from the British colonial rule with grandeur and in spectacular fashion. Though history suggests that only the Federation of Malaya gained independence in 1957, the government of the day seemed to have overlooked it.

Malaysia was formed on 16th September 1963 and from that day the Federation of Malaya ceased to exist and a new nation was born out of Malaysia Act 1963 and the Malaysia Agreement between Malaya, Sabah, Sarawak, Singapore and the United Kingdom. It was very gracious of the Sabahans to join in the Merdeka celebrations in the spirit of togetherness but for the whole country (I mean Malaysia not Malaya) to celebrate, then 16th September would be the appropriate day.

The British left in 1957 and Malaysia has come a long way since then. We have achieved a lot in all kinds of industries ranging from agriculture to manufacturing. We are now one of the most popular tourist destinations in the world. Thus, the celebration of Independence from the shackles of the old colonial masters seems justified. However, a critical evaluation of the situation here in Malaysia would suggest all is not as rosy as it seems or sounds.

The first issue that has not been resolved is the special privileges or what we commonly call the Bumiputera rights. Because of the so called social contract that our former leaders had agreed upon, we as Malaysians have become too tolerant to the extent that we do not want to even discuss the issue openly. Whether the privileges are a good thing or not for the Bumiputera population is open to debate. Even now, being a Malaysian of Indian origin, I am already treading dangerous waters when I bring up such sensitive issues. However, I am a strong believer in reasoning and the ability of all Malaysians to reason.

Instead of allowing people from all races and walks of life sit and discuss the issue, the powers that may be is quick to raise the racial card and curb the voice of those who want to discuss the future direction of this country. We Malaysians are tolerant, reasonable and intelligent people. We are not thugs who need to carry arms to get ourselves heard. No one is asking for the removal of the rights but people want to know who really has benefited from these rights. Has every single Bumiputera benefited from these rights?

I would like to quote an example. When buying houses, there is a 5% discount for the purchase by a Bumiputera. That is fine with all of us but who can exercise that 5% discount? Only those who can afford to buy these houses. What about all those Bumiputeras who are homeless or those who live in rented properties and in squatter areas. They need housing but they cannot afford. So only the affordable ones are enjoying these privileges. Since a person can afford to have a house, should it not seem right if they are not given that 5% discount and the developer uses that money to build low cost housing for the poor and underprivileged.

Please do not think that people of other races are upset over these rights. If it is given to those who are in real need (the idea behind its creation in 1957), well and good. It is when the powers that may be and the rich uses it enrich to themselves even more that it becomes a sad state of affairs. Thus it is important for the people themselves to know and evaluate the situation and the open voice of the media is needed for that.

The media in this country has been curbed by various measures and the famous ones are the Internal Security Act, the Seditions Act, the Publications Act and the Emergency Ordinance. If what the powers that may be are doing is not wrong, then why are they so worried about the media. In effect, the media could even be used to bolster their political aspirations. The internet has now opened a doorway that is difficult to be regulated. However, there are many people especially in the rural areas that are not connected to the net. They too need to know the truth thus the print media still plays a major role in the distribution of information.

An important question to ask after all these years of self-rule is whether we really have a rule of law. This is not a simple question to answer as there are many complex issues that needs to be addressed. The first is the power and scope of the Internal Security Act or more precisely the power it bestows on a minister that cannot be judicially reviewed. If a decision of the executive cannot be judicially reviewed i.e. the legality of that decision cannot be checked, then we have moved backwards since 1957. When the British left, the Courts had the powers to keep the balance of power in check but these have dramatically changed over the decades.

The Courts are also caught in a tight spot when issues of inter-faith affecting the Syariah Courts are brought upon it. The powers that may be have simply not helped the judiciary in determining the just outcome of these matters. As I have written in my previous blogs, we must sit and have a dialogue as to whether we live in an Islamic country or not. Having two legal systems side by side might not be the best possible solution and sweeping the issue under the carpet could have far reaching consequences. In order for the rule of law to prevail, the people must know what the law is regardless of whether it is the Constitution or Syariah. The emphasis here is on certainty.

The third issue is that of ‘policy’. It has now come to a point that when you go to a public office and enquire why certain things are done in a certain way, the answer you get is that it the policy of that department to do things that way. What we should now ask is where are these policies derived from? Is that the law that governs us or has the policies been derived from the laws of our nation? The word ‘policy’ seems to be a convenient way of saying that we will do things the way we like it not the way it is suppose to be. I believe this too should be judicially reviewed.

Do the people of Malaysia really know their full rights and protection under our Federal Constitution (the highest law of our nation)? Where is the education on the Constitution? It is vital and important that every student in our schools is taught the Constitution at an early age so they know their rights and cannot be taken for a ride by the politically motivated factions. Thus, on a question of rule of law, we are still in the darkness even after all these decades of independence.

The next issue is education. Malaysia wants to compete with other nations as a centre for education. This is very commendable as the revenue from this sector had helped finance many universities in England when they did the same drive in the 1990s. However, we must maintain the standards of our universities in order to compete with other countries. We must produce graduates of high calibre and quality, not mere quantity that will eventually clog up our employment system or the civil service.

The University of Malaya, the most prestigious university in Malaysia has been dropping down the rankings in the last few years. Our own students are denied places in our universities and we want to encourage foreigners to study here. It still beats me why only one Indian student got into the medical faculty in University Malaya last year when the Indian population in Malaysia in about 1.8 million people. It is the fault of the people? Definitely not. The real fault lies with the politicians who use the racial card to garner support from those who are not aware of the real things that happen behind the scenes.

The rich are getting very much richer in this country. The savings that people put in the banks are used by the rich to even enrich themselves. Their loans are sanctioned so easily that they can invest and if they are a crony, they can even afford to make a mistake. The powers that may be will be there to bail them out. The gap between the rich and poor keeps becoming bigger and bigger.

Has anyone thought about the man on the street? Let us take a man who lives in Kuala Lumpur with his wife and two kids. Say he earns RM3000.00 a month and the wife is a housewife while the children are in school. Can this man survive? Yes, but barely. The mortgage would cost five hundred a month, the car another four hundred a month, hundred fifty for personal allowance, seven hundred fifty for food, ninety for children school allowance, groceries another three hundred and the list does not even include bills and satellite television. Where is this poor man’s savings? What about the children’s education as it is not guaranteed under our education system?

The price of goods these days are ridiculous. Inflation is high. Pay is low and increments are at such a pitiful state. The average Joe is really living just to make money for the selected few i.e. the rich and the cronies. The government has increased fuel prices by cutting down the subsidy. The rationale behind it is that Petronas pays corporate taxes. Where are these taxes being channelled to or how are they being used?

Is the money being used to improve the environment that is damaged by the use of petrol fuelled vehicles? The rich or the cronies would not feel the rise in petrol prices but the average is directly affected by it. By the time the savings in tax is utilised for the average Joe, he might not be around to enjoy those benefits.

Let us look at our healthcare and the national health service. The best place to witness the seriousness of the problem is in the state general hospitals. The waiting time in the accident and emergency is very long and the wards are full until the corridors are sometimes overflowing with people on beds. There is a serious shortage of doctors in the government service as those who leave overseas do not want to come back to the hospitals here. Please do not say they are not patriotic enough and all that unnecessary ridicule. Would you take a 500% pay cut to join the government hospitals here when in the U.K they pay you much more? I thought not.

We have to increase their pay so they will be happy to work and the service will improve. The police too are susceptible to bribes because their pay is too low. The average Joe above who earns RM3000.00 a month seems to be struggling, imagine the plight of a police constable. Everyone is quick to blame the civil service because of corruption but if the pay is so different from the scale in the private sector, then the urge to take will always be there.

What the future holds for this beautiful country is in the hands of the people of this country. As citizens, we must exercise our right to vote. Who we vote is up to the individual but more people must register and go to the polls if they want good things to happen here. Only the people can change the fate that awaits them and if you do not vote, you lose the right to decide what is best for your country.

There is no place like home and Malaysia is our home. In our house, we decorate the interior and plant flowers in our gardens. We water the plants and paint the house. The same goes to the beautiful Malaysia that I love. We must attend to her with the same tender loving care that she has given us over the years.

These questions need to be addressed as I do not want to see my beautiful Malaysia going back to the times when my grandfather made guns for the British during the Japanese occupation or when my father fought the communists in the jungles of Sarawak during the emergency. All I want is a peaceful place for young Rasyidi, Phing Thuan and Ragu to play together for years to come and feel as one proud people, the people of Malaysia.

Is Democracy Still A Reality June 7, 2007

Posted by rahulian in Asia, Free Press, Human Rights, Malaysia, Politics.
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There was a time of kings and knights, a time of myths and legends and a time when ordinary people were unable to defend themselves. Democracy was a creature born out of the frustration that the people had to go through and the sufferings that they had to endure.
The concept of democracy has evolved from the time of the Roman ‘Republic’ to the very heart and nature of the Constitution and the Constitutional Monarchy of recent democracies. The world has seen claims by these very nations and many around the world that democracy exists and it is very alive today in the modern world we live in.
Do we really believe this is true? The only thing that seems to be true is that on one hand, the same nations talk about peace, poverty and global warming and on the other they suppress other nations, violate the most basic of human rights and some even sell arms to keep the world in check under their influence.
The longer these atrocities in countries like Sri Lanka, Palestine and Iraq keep taking place, the longer it will take the world to recover from terrorism. We must realise that terrorism is a global problem with a local identity. By its very nature, it can be seen that the tactics employed are very dangerous and many lives have been lost due to these kinds of activities.
However, the invasion of another country, or the interrogation tactics used by many nations of the developed world would not render them far away of tactics that are similar to these terrorists. These terrorists are the creation of the very nations that are trying to suppress it.
When the terrorists can be used for the benefits of the foreign policies of these controlling nations, they will be called allies in the fight against terror. Once they are of no use, they are labelled terrorists and the military machinery is set against them. Do these governments really believe people are so naïve?
The use of deadly tactics by the terrorists is unacceptable but at the same time what the controlling forces do is also unacceptable. The underlying problem must be addressed. The conflict can be solved only when there is a compromise. No one seems to care about the compromise. All that seems important is for their own bargain to stand. The only thing that will stand if this continues is a stale mate.
The United Nations by its very nature and literal translation suggest that it is the best forum for reform. However, the independence of the United Nations from the influence of certain member nations plays an important role in its ability to be un-bias and just. The world must truly believe that the United Nations is not just a tool for the powerful few but it is a real organisation with a real purpose. Its independent authority and its role as the sole mediator must be asserted. I am still wondering why the is a convention or an understanding that the head of the World Bank is to be from one specific block and the head of the International Monetary Fund is to be from another economic block. What happen to the best candidate gets the job in the democracy adage?
Without the independent authority of the most important independent democratic organisation of all, the world will not be able to be administered in the true form of democracy that our forefathers intended.
From a local point of view, the so called democracies have invested too much of power in the hands of the supreme leader. The concept and the notion of the separation of powers that was the cornerstone of democracy seem to be eroding with lightning speed. The fundamental importance that the executive, the legislature and the judiciary be separated cannot be taken lightly by any nation.
When the powers vested with the few becomes intolerable, a revolution will start as the people can no longer sustain the pain and suffering that they endure. History bears witness to that. Is the world waiting for another revolution before it makes some amends to improve the rights that have been wronged?
Like the United Nations in a global context, the Parliament of a nation can change things in the local context. A vote against an unjust government might just help tilt the fight between what is just and right, and what is extremism. People’s power must mean something or else we would be stuck in a vacuum where only the politically connected will succeed and the rest will be slave driven the modern way.
The Parliament is there in order to not only make laws, but to also hold the executive i.e. the Cabinet responsible for its actions. The select committees must be utilised to gain insights in to the operation of the governments. The judiciary, without its most powerful tool, the judicial review, or with the limited and controlled version of judicial review, will never be able to check on the government. How is a country going to be able to progress if the executive controls the legislature and the judiciary rendering the nation at its mercy?
The conclusion of all this is that the world will keep evolving whether we like it or not. Thus, we must also comprehend that without the necessary changes, the nation will be stuck in a vacuum for a long time and when they do decide to come out, it might be too late to save the last threads of democracy that has binded the nation together and naturally an economic freefall will take place.