It’s All About What Is Right To The Heart August 30, 2007
Posted by rahulian in Human Rights, Malaysia.3 comments
By P. Uthayakumar
SAMY VELLU IS CORRECT:
DR.MAHATHIR DID NOT DO AS PROMISED FOR THE MALAYSIAN INDIAN COMMUNITY IN HIS 25 YEAR RULE AS PRIME MINISTER.
Independence in 1957 and through the New/National Economic Policies, OPP 1,2,3 and right up to the 8th Malaysian Plan the Indian poor have been marginalized and sidelined. In all the aforesaid national development programmes no affirmative action programmes have either been designed or implemented with the view to uplift the living standards of the Indian poor and taking them out of poverty/remaining in the lower income group. This has resulted in about 80% of the Malaysian Indians remaining in poverty and/or in the lower income group.The recent statement by Cabinet Minister Dato’ Seri S.Samy Vellu that Dr.Mahathir did not do as promised to help the Malaysian Indian Community istrue. Samy Vellu and the MIC have allowed themselves to be “used” by Dr.Mahathir and the ruling elite to shortchange the Indians in every
Malaysian Development Plan. This is to justify their continued existence in
the government and private sectors and being at the expanse of the poor
Indians. Samy Vellu and the MIC repeatedly claim to be able to solve Indian
problems but achieved almost nothing through government development plans.
Even the very basic human necessities have not been addressed even after 50
years of Independence. The truth is the MIC is powerless and the said ruling
elite have no regards for them even though the MIC is a very senior partner
in the ruling coalition. This is so much so that over the last 25 years the Indian poor in Malaysia
have degenerated into the “negros” of Malaysia.
Dr.Mahathir is primarily responsible for the current pathetic state of
affairs befalling the Malaysian Indian poor as follows: -
1. KG.MEDAN GENOCIDE
The genocide against the innocent and unarmed people of Kg Medan in 2001
left 100 over killed and / or seriously injured still remains a mystery. The
Malaysian Human Rights Commission refused to hold an inquiry while the State
refused to hold a royal commission of inquiry. The courts / Attorney General
refused to hold Inquests into the deaths contrary to Article 5 of the
Federal Constitution and section 339 of the Criminal Procedure Code. Worst
still only USD526.00 to a maximum of USD6, 578 for some victims being
permanently maimed and / or loss of life cases was awarded for the said
victims though RM136.8 billion was approved for the 2006 budget (The Star
Online, Friday, September 30th, 2005)
2. VICTIMISATION BY POLICE /STATE
Studies have revealed that the Indian poor form about 60% of suspects shot
dead by the police including an 8-month pregnant Indian lady, 60 % of
innocent people dying in police custody, 60% of suspects / detainees in
police lockups and other detention centres. Latest update, Malay Mail,
October 3rd 2005 at page 4, 4 ethnic Malaysian Indian men (mere suspects)
were shot dead by the police in one day and in one incident. There was zero
outcry from the “Malaysian civil society” as opposed to the London
underground suspected bomber who was shot dead and getting worldwide
attention and the Prime Minister of the UK apologizing despite being a
country at war (Malay Mail, October 3rd, 2005 at page 3) and “Senior cop to
be charged” New Straits Times, October 9th 2005 at page 29.
Gory pictures for Items 1 and 2, click here
http://www.policewatchmalaysia.com/index.php?ucat=13
http://www.policewatchmalaysia.com/index.php?ucat=12
3. NO EFFECTIVE LEGAL AID
Out of the aforesaid 60% suspected ethnic Indian criminals, almost 95% of
them plead guilty when they may not necessarily be guilty. Most of the
crimes they commit (if any) are poverty related. They cannot afford legal
fees and neither is there an effective legal aid system. They spend long
prison sentences and come out of prisons to be more hardened criminals and
potential terrorists.4. UNIVERSITY INTAKE
University intake for Indians reduced by about 50% from the over 10% quota
in 1970 to 5.2% in 2003. In 2004 the supposed meritocracy system was
introduced but it turned out to be “meritocracy without merits” Hundreds of
especially poor ethnic minority Malaysian Indian students were deprieved of
their basic right to education. Matriculation courses for entry into public
universities are almost exclusively for the majority Malay Muslim community.5. MEDICAL SEATS
Medical seats in the University of Malaya was reduced by 98% from 16 seats
in 2001 to only 1 seat in 2003. This in effect means that the almost 1.8
million Indians have to compete for just one (1) medical seat at this
university. When they opted to study at affordable Universities overseas,
the government in June 2005, in an effort to reduce the number of ethnic
Malaysian Indian medical students studying overseas acted in the most
hostile manner. The Crimea State medical university’s medical degrees were
derecognised for dubious and questionable reasons. In an effort to reduce
the number of Indian medical doctors most other foreign medical universities
with high ethnic Malaysian Indian student enrolment is currently having its
status reviewed and is also expected to be derecognised.6. TAMIL SCHOOLS
80% of the 523 Tamil schools (ethnic minority Malaysian Indian schools) are
in dilapidated conditions with almost no sports, recreational, computer,
library and other basic facilities accorded to National Schools and is still
not made fully aided government schools when primary school education has
been made compulsory by law. To the contrary, the prime minister announced a
sum of RM1.8 billion for primary and secondary schools in the 2004 budget
(NST 13/9/2003 at page 12 (Note: all the above are in breach of Article 8
(equality before the law and Article 12 (rights to education) of the Federal
Constitution and the Education Act 1968. About 95% of these Tamil schools do
not have kindergartens unlike 99% in national schools which has the same.
7. HINDU TEMPLE DEMOLISHMENT
Malaysia is about the one and only country in the world where one Hindu
temple / shrine is unlawfully broken down by the state authorities in every
three weeks contravening article 11 (freedom of religion) of the Federal
Constitution and the Penal Code. The emergency ordinance (outdated by about
40 years) is often used to legalise their actions. There have been reported
cases of policemen torching temples, motolov cocktails thrown into temples
by policemen and state authorities or they are simply burnt down or
bulldozed down.
8. MAJORITARIAN RULE THROUGH THE CIVIL SERVICE, POLICE AND ARMED FORCES
About 97% of the Civil Servants, police and armed forces personnel are form
the majority Malay Muslims. This “force” is used to rule by “majoritarian
might” at the expense and violations of fundamental Human Rights and
victimization of this ethnic minority Malaysian Indians.
9. TOKEN PARTICIPATION IN THE CIVIL SERVICE
Discrimination in employment in the Civil Service sectors (Indian
participation in the civil service reduced from about 40% in 1957 to about
2% in 2003. This remaining 2% of these Indians largely work in the clerical
and industrial manual group (IMG) levels. Senior, Middle level and executive
level civil service jobs are almost exclusively for the majority Malay
Muslims. For promotions etc there is no equal opportunity. This is contrary
to article 8 (equality before the law) of the Federal Constitution.
10. DISCRIMINATION IN THE PRIVATE SECTOR
The economy is controlled by the ethnic Chinese minority. The Government
has “forced” the Chinese to “accept” average Malay Muslims into the top
levels of the business and corporate sectors. Only the cream of the ethnic
minority Indians (about 1%) make it in the private sector
11. NO BUSINESS LICENCES / OPPORTUNITIES
Mearge or no business licences / opportunities / small businesses /
commercial licenses for Malaysian Indians to run businesses resulting in
less than 1% Indian participation in the country’s economic wealth. (and
that too believed to be largely held by one state sponsored Indian
millionaire).
12. LOWEST PER CAPITA
Studies have revealed that Indians have the lowest per capita income of only
about RM 1000.00 per month when the national per capita income is projected
at RM17,741 in the 2006 budget (The Star Online September 30th 2005) This is
about 98.3% below the national average. At the ground we are aware of many
ethnic Indian families earning a mearge RM450.00 (USD 118.00) per month.
13. ABUSE OF WOMEN AND CHILDREN
Everyday even ethnic minority Indian women and children are not spared. As
part of interrogation by the police, an Indian lady was told to perform oral
sex on another male detainee at the Rawang police station. Her husband was
then brought in naked before her and her daughter. She was then told that
her 18 year old daughter would be raped later that night.
Another 14 year old ethnic minority Indian boy was arrested from his house
and was told to do 150 push ups in police custody. When he stopped at 20 he
was kicked with police boots which broke his leg.
14. LABOUR CLASS
Hopelessness, poverty and lack of opportunities leads to high Indian
involvement in crime arising out of poverty. 80% of ethnic Malaysian Indians
have degenerated into becoming laborers, Industrial Manual Group (IMG)
workers, office boys, security guards, public toilet cleaners, general
workers, road sweepers, beggars, squatters, criminals, gangsters etc, as a
result of the nearly 50 years of direct discrimination by the state /
government.
15. ETHNIC MALAYSIAN INDIAN POOR
Indians form sixty percent (60)% of urban squatters and forty-one (41)% of
beggars (the economist 22/2/2003). About 80% of this community is in the
poor and / or hardcore poor bracket but receives the least attention as they
don’t have any political clout locally and / or their plight not properly
ventilated by the NGOs, Opposition parties and the Malaysian civil society
locally and / or internationally.
16. POVERTY AMONG ESTATE WORKERS / URBAN LABOURERS
Fifty-four (54%) of Malaysian Indians work as plantation or urban underpaid
laborers. (Asiaweek 26/1/2002)
17. PATHETIC MONTHLY WAGES
After 46 years of independence the state has capped the monthly salary of
plantation workers at RM325.00 (USD85.00) per month and RM 350.00 (USD92.00)
per month for rubber tappers.
18. POOR STUDENTS
RM200 million was allocated to assist poor students to continue with their
education (NST 13/9/2003 at page 12) but it is doubtful if even 1% of the
ethnic minority Indians benefit from this allocation.
19. EMERGENCE OF A NEW ETHNIC MALAYSIAN INDIAN CRIMINAL CLASS
Over the last 25 years a new ethnic Malaysian Indian criminal class has
emerged as a result of the aforesaid years of direct discrimination,
oppression and suppression. High incidences of crime, violence, slashings
and killings largely among themselves take place even over the most mundane
issues and / or is poverty related.
20. SQUATTERS
Due to rapid development large plantations have been developed resulting in
the plantation workers being displaced and forced to become squatters. Their
squatter colonies are in turn demolished to make way for development with no
or little alternative housing. Classical case of poverty leading to further
poverty.
21. ORPHANS / OLD FOLKS
The majority of orphanages and old folks homes are filled up with members of
this ethnic minority Indian community. This is yet another clear indicator
of poverty.
22. SKILLS TRAINING
Access to even the lowest level skills training Institutions are deprived
for this community resulting in most of them remaining unemployed or
unskilled workers. Even at the NTS Arumugam Pillai skills training Institute
which was build on funds derived from the dissolution of the South Indian
Labour Fund, not even a single ethnic Malaysian Indian student was admitted
in the first intake.
23. UNDOCUMENTED ETHINC MINORITY MALAYSIAN INDIANS
Despite 48 years of Independence, there are thousands of ethnic minority
Malaysian Indians left being undocumented, without birth certificates,
identity cards, marriage certificates etc. This in effect precludes and
excludes them from even the formal primary schooling structure what more
obtaining licences to run a business or from securing employment. (c/f
almost all aboriginal people in the remotest areas Malaysia are documented)
24. HIGHEST SUICIDE RATE
Indians have the highest suicide rate in the country because of primarily
poverty or poverty related matters, loss of loved ones for example, divorce,
etc. Health Minister Datuk Chua Soi Lek stated ,”For Indians, 21.1 persons
for every 100,000 suicides, Chinese 8.6 persons for every 100,000 suicides
and for Malays 2.6 persons for every 100,000 suicides (Sadatul Nahir and
Rosli, Utusan Malaysia 12/9/2005)
25. NO INDEPENDENT MEDIA
The local print and electronic media gives this community the lowest
priority though they suffer the most serious discrimination, victimisation
and violations of human rights. The local media too plays to the gallery and
almost often highlighting “majoritarian issues”/ issues which carries
mileage. The International media prefers Iran, Africa, Katrina terrorist etc.
26. UNCARING INDIAN PROFESSIONALS / BUSINESSMEN.
Indian professionals and businessmen do not care and / or shy away and / or
out of fear of the government keep away from the real problems befalling on
this community. They want to be seen to be “multi-racial” / “non racist”
and / or championing “majoritarian” issues arising out of minority complex /
inferiority complex syndrome.
27. LEAST ATTENTION BY THE OPPOSITION PARTIES NGOS’ AND CIVIL SOCIETY.
Because this community is politically, economically and internationally
insignificant and where there is not much “mileage” to be made, and / or no
local and / or international funding, even the opposition parties, NGOS’ and
the Malaysian civil society generally give this community the least
attention and /or prefer to play to the gallery and / or the “majoritarian
issues” and / or rather focus on where there is local or
international “mileage” to be made. In short they too are
generally “selective” in championing even the worst violated cases / issues
and / or Human Rights issues. (Refer Latest Open Letter dated 5/9/2005 by 30
Malaysian NGOs campaigning for all issues concerning merely the majority
community / internationally acclaiming issues except the most serious
affecting the Malaysian Indians) Click here for the open letter
http://www.policewatchmalaysia.com/index.php?
subaction=showfull&id=1128570956&archive=&start_from=&ucat=16&28. THE MALAYSIAN HUMAN RIGHTS COMMISSION AND THE ROYAL COMMISSION ON THE
POLICE REFUSE TO REPORT THE TRUTH
The Malaysian Human Rights Commission and the Royal Commission on the Police
have continuously refused to report even the most serious violations of
human rights by the state against this community. For example the Kg.Medan
genocide, shootings to death of suspects, some deaths in police custody and
the gunpoint attack on a human rights lawyer.29. INDEPENDENT JUDICIARY?
The independence of the judiciary has been put to question in the aforesaid -
Kampung Medan genocide for example when the High Court struck out with costs
a civil suit by a victim bring a class action against the Malaysian Human
Rights Commission for failing to hold an Inquiry without even hearing the
merits of the case which the victims believe is because all the victims were
ethnic minority Malaysian Indians and the attacks are believed to be state
sponsored. Most other such cases against the state authorities are dismissed
in a similar fashion or at the end of the trial.30. INDEPENDENT ATTORNEY GENERAL?
The Attorney General has not been independent in many instances where he has
acted partially in prosecuting lawyers / activists for defending the rights
of this community and / or for failing to initiate Inquests into custodial
deaths / deaths by police shootings of suspects and / or for failing to
prosecute police criminals / authorities and / or for failing to act without
fear or favour.
31. GOVERNMENT BODIES / INSTITUTIONS NOT INDEPENDENT
Almost all government institutions including hospitals, police, chemistry
registration department etc are biased and in favour of the government and
have been known or engaged in “covers up” in favour of the authorities and
against the people and in particular the ethnic minority Malaysian Indians.
32. NO FUNDING FOR NON PRO-GOVERNMENT NGOS
No funding is granted by the Government for almost all non pro-government
NGO’s with which they would be a million times more effective.
33. FEAR FACTOR
This community as a result of the years of oppression and suppression and
the factors hereinabove mentioned has turned out to be a fear riddled
community. They are fearful to stand up for even the worst form of
violations, victimisation, discrimination and human rights abuses against
them. The fatal factor is that they even get the least support from even
NGOs, Opposition parties and the “Malaysian Civil Society”.
CONCLUSION
We hereby call upon the Prime Minister and the Government of Malaysia to
stop the sidelining and marginalising especially the Malaysian Indian poor.
We call upon for the creation of equal opportunities for all Malaysians
including and not excluding the Malaysian Indian poor. As an immediate and
urgent step forward we call for the extension of all affirmative action
plans and programmes for the majority Malay/Muslim community also to be
extended to all the Malaysian Indian poor.
We finally hope that Dato’ Seri Abdullah Ahmad Badawi does not also “do a
Dr.Mahathir” at the end of his tenure as Prime Minister.
Thank you
A Real Constitution August 6, 2007
Posted by rahulian in Human Rights, Malaysia, Politics.add a comment
It is great to hear leaders and rulers like Raja Nazrin are still out there trying to make the masses and the government understand and respect the Constitution for what it is….the SUPREME law of this country.
The Constitution that was made and envisaged by the leaders during the independence struggle has been changed a lot directly or indirectly. The Constitution’s provisions for a change in that very constitution seem to have been the problem. A two-third majority in the Dewan Rakyat effectively changes the constitution. The state of cause controls the majority through its ‘Whip’ i.e. follow party lines system.
Maybe it is about time we change that provision as the abuses of that provision can be rampantly seen being used by the present and previous regimes. The Constitution should not be changed without the approval of the country. Have a referendum and let the people themselves decide on what’s best for them.The other problem is the phrases like ‘ in accordance with law’. This can be seen clearly in Art 5(1) of the Federal Constitution of Malaysia which reads, “No person shall be deprived of his life or personal liberty save in accordance with law”. This seems to indicate that any laws passed by Parliament, whether in compliance or not with international human rights laws or morality itself will be greater than the provision of Art 5(1). The ambiguity of the provisions can be easily manipulated by the state since the majority in Parliament is controlled by the state through the ‘whip’ system. The check and balances here seems to be inadequate.
There are also certain provisions like in the Internal Security Act where there is no room for the judicial review of an executive i.e. state decision. This in itself is a major violation of our Constitutional rights. It is a blatant disregard for the spirit of the Constitution as a whole.
If the government is responsible enough and govern the country to the high standards that we expect from our representatives in Parliament, then provisions like the Internal Security Act would not be a problem. If the provisions were used to stop terrorists and communists, then fair enough. It is when it is used to crack down political dissent that it becomes a major problem.
It begins to become dangerous for the nation when the rakyat starts to say things like, “want to be rich, then join politics.’ True martyrs will be lost and unscrupulous politicians will be left. The only way the country can be saved from its ethnic-socio problems is when there are more transparency and efficiency in a responsible government.
The Lina Joy Issue June 10, 2007
Posted by rahulian in Human Rights, Malaysia.1 comment so far
In my previous blog, ‘Lawmakers Must Step In and Find Solution’ (see below), I have asked that a Parliamentary Select Committee is set up in order to discuss how to solve problems of religious nature.
The case of Lina Joy is another example of how difficult and complex the situation can become. There seems to be a major uproar among the non-Muslims in Malaysia when the Federal Court decided that the Lina Joy matter is to be heard in the Syariah Court and that is the right forum for such matters.
Instead of analysing the decision, many were quick to use this opportunity to undermine the judiciary and make this a political conspiracy. Before we jump to any conclusions, let us look at why the judges of the Federal Court decided the way they did. The contention was between Art. 11 and Art 121(1A) of the Federal Constitution.
Art. 11 contains the right to freedom of religion which, under the provision consisted of right to profess, to practice and to propagate one’s religion.
Art. 121(1A) states that,” The courts referred to in Clause (1) shall have no jurisdiction in respect of any matter within the jurisdiction of the Syariah courts.” The courts referred to under Clause (1) are the High Courts of Malaya and the High Courts of Sabah and Sarawak.
Both the provisions seem to be conflicting with each other. The judges cannot just make a decision by disregarding the historical and socio-political nature of these provisions. There are some exceptions to Art 11 especially Art 11 (4) which does not allow anyone propagating religions other than Islam to Muslims. There is also Art. 3 which, provides for Islam being the religion of the Federation.
In the High Court, it was said that Malays could not renounce Islam at all because they were defined by the Federal Constitution to be persons of the Islamic faith. According to the High Court, a Malay’s religion and beliefs are determined by birth, not by choice.
Keeping all these in mind including public order and the will of Parliament (it is a convention that the judges will always give way to statutes of Parliament), the only decision the judges could up with is to view Art. 121(1A) as an exception to Art. 11. The judges could not decide any other way because the socio-political reality of Malaysia is that we have a predominantly Muslim population.
The problem here I believe has nothing to do with Islam. The issue here is the government not being able to give a definitive answer as to the state of such matters. As I have written in my previous blog below, Parliament must step in to rectify the problem. Consultation must be done with all relevant authorities and a Parliamentary Select Committee would be a good place to start.
It has been said that there is still one more avenue left for Lina Joy, the Syariah courts. Many will argue that she does not practice Islam thus she’s a non-Muslim and should not adhere to the jurisdiction of the Syariah courts. However, we must bear in mind that though she may not practice Islam, she is still ‘technically’ a Muslim as far as her documentation in Malaysia goes. My point is why don’t we give the Syariah courts an opportunity to resolve the problem. Are we really that naïve to believe that the Syariah courts would not dispense justice?
We must also understand that all efforts will be taken by the Islamic council before someone is allowed to leave the religion. The same goes to all the religion. Some form of counselling will definitely take place. However, once it is affirmative that the person no longer believes or lives the live of a Muslim, I believe the Syariah court will do what is right and allow Lina Joy to leave the religion.
Instead of blaming that the judiciary is biased and controlled by the state, we should push the state for statutory reforms for issues such as this. It is Parliament that amended Art. 121(1A) in 1988 and it is only Parliament who could make the necessary changes. However, are they willing too?
Is Democracy Still A Reality June 7, 2007
Posted by rahulian in Asia, Free Press, Human Rights, Malaysia, Politics.add a comment
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.
Be More Disabled Friendly June 6, 2007
Posted by rahulian in Human Rights.add a comment
As Appeared In The Star Newspaper on 28 May 2007
In most if not all of the developed nations, it can be seen that they are always conscious to the needs of the disabled person. As you walk through a street in Central London, you will notice that the pavements are made for easy access, there are separate parking spaces for the disabled and all buildings have either a lift or a ramp for easy access.
This entire system of roads, pavements and buildings were not build in one day. It took many years and the efforts of those lobbying for these changes a long time ago. The most important thing about accepting change is the mindset. We must first understand and comprehend the hardships that are undergone by a disabled person. Those lobbyists changed their mindset and were able to make others understand why the changes needed to be done.
However, here in Malaysia, the disabled have a torrid time getting around as there is very little access for them. Most buildings have staircases but no ramps or lifts. Pavements are of different shape and sizes and the pavement does not open up as it hits the road to create a mini ramp. There have been some efforts done especially in Brickfields, Kuala Lumpur where the Malaysian Association for the Blind is. The pavements have been made with marks on them providing indications for the blind.
Most big buildings like the airport, KL Sentral train station and the large shopping malls have provided parking spaces for the disabled. However, you hardly find parking areas operated by the municipal councils to have spaces provided for the disabled. The mindset of these councils needs to be changed. If one council starts to improve things for the disabled, all the others will follow suit and it would not take long before an improved system is put in place throughout the country.
It is important for the laws of a country to reflect on the intentions of the people. There needs to be more adequate laws especially in the construction industry in order to protect the civil liberties of the disabled person. It must be made compulsory for commercial and government buildings to be built with specifications for disability access. As for the older buildings, the government should not renew business licences until the buildings are renovated for disability access.
Such a venture will cost time and money. However, the basic rights of the disabled person take precedence. The ball must start rolling from Parliament and our MPs should be more sensitive to these issues as the legislation can only come from them. Even if the laws are in place, great importance must be placed on the enforcement of these laws. The municipal councils and enforcement officers must aggressively carry out their duty.
All Malaysians would agree that we are all brought up with the notion to be kind to the disabled and most of us are. However, we only help them when we see them. Most of the disabled people can be independent and mange on their own if society provides all the necessary facilities and infrastructures for them.
Lawmakers Must Step In And Find Solution June 6, 2007
Posted by rahulian in Human Rights, Politics.add a comment
As appeared in The Star Newspaper on Tuesday April 3, 2007
The Court of Appeal in asking a non-Muslim woman to seek recourse in the Syariah Court has created some confusion on what is actually the Supreme law of Malaysia. It is important to point out that we have a unique legal system in that there are two systems operating side by side. One is operating under the Federal Constitution and the other under the rules governed by Syariah law.
There have been previous cases of such nature and the first two that comes to mind are that of climber, Moorthi, after his death and S. Shamala who took her children and fled the country. It is not easy for the Courts to deal and decide on such matters as these matters are sensitive especially when living in a multiracial country.
In Pakistan, the law is to be read in consistent with Syariah law. Thus, the problems above would not arise. However, there are no specific provisions to suggest the above in our legal system. If there are no such provisions, then the judges of the Civil Courts are bound to follow the Federal Constitution.
The problem here cannot be solved by the Judiciary. This is a matter for the Parliament to decide. The root of the problem here is quite straight forward. Is Malaysia an Islamic country or a secular country? This is not a question that can be answered in terms of culture or politics. It is a serious legal question that has far reaching consequences. It is about time we, as responsible and prudent adults discuss this problem in a comprehensive and coherent way so as to find a just solution for all Malaysians.
It is not suggested that one system is better than the other. What is fundamental is that there should be no confusion. The law must be clear. We operate our entire lives under the legal sphere. Thus it is important that we know what we can and cannot do.
The longer we push the issue away, the bigger the problem becomes. We have come along way since our independence almost fifty years ago. Thus, it is urged that the legislature, who represents us, by consultation with the necessary parties, come up with a solution to this issue. A Parliamentary Select Committee would be a good place to start.
Consider Bribery Problems From All Angles June 6, 2007
Posted by rahulian in Human Rights.add a comment
As Appeared In The Star Newspaper 27 March 2007
CONGRATULATIONS to the Polis DiRaja Malaysia (PDRM) on its achievement in protecting this nation for 200 years. The force has come a long way since its inception and tragedies like Bukit Kepong to heroes like Yusoff Rono have undoubtedly made the force a reliable and respected one.
In the last few years, the police force has come under great scrutiny and it seems like where there is an opportunity, everyone takes a stab and blames the force. However, there are other underlying reasons why there is a problem in the force.
There are good cops and dishonest ones. It is the same in most parts of the world. The temptation i.e. monetary reward is very high. We must consider the root of this problem. In developed countries like Britain or Australia, the policemen are well paid and their salary scale is almost equivalent to that of the private sector.
This is not to say that there is no corruption in these countries. Corruption can be in many forms. Paying the police well does not fully eradicate the bribery problem. However, it reduces the chances of an officer getting tempted to do the wrong thing. A higher pay scale too will see better candidates applying for jobs in the force.
There is also the issue of the mentality of why go through the bureaucracy when you can pay and get your work done quickly.
If people are willing to give, there will be people willing to take – it is a matter of demand and supply. It is not going to be easy to change this kind of mentality. Education at grassroots levels might help but only time will tell.
It is hoped that the efforts of the current IGP in re-branding the force will ignite the fire that will change public perception of the force.
