The Vanishing of a Vision July 24, 2008
Posted by rahulian in Current Affairs, Malaysia, Politics.1 comment so far
The grave situation that the country is experiencing is not just the mismanagement of government funds by the present government.
It stems out from a culture where money has been channelled to many parties over previous administrations. There has never been a proper concept of open tender for all government projects.
If only all had practised this simple concept, the people would have saved billions of dollars. This of course would have helped our bottom line thus increasing our reserves and consolidated funds which would help strengthen our ringgit.
The new administration of Abdullah seems to blame the old administration of Dr. Mahathir for the problems the nation is facing now. The old master, Dr. Mahathir and his select crew have been defending their previous decisions and blame the present administration for the woes that the nation is facing.
Clearly this signals that there is a massive crack in UMNO in particular and Barisan National in general. There will be more than fifteen people contesting the vice presidents’ posts during the next UMNO elections. This provides evidence that given the opportunity, all of them in UMNO want to contest but previously, contesting without the approval of the UMNO cabinet would have been taboo.
This is a good change but the top two posts remains uncontested as there is an agreement that the transition of power will end in 2010 when Najib Tun Razak becomes the head of UMNO. Depending on whether the Barisan Nasional is still the ruling coalition at that time, Najib would also automatically become the Prime Minister of Malaysia. Is this power transition still relevant today? Does it really ensure stability? One must wonder whether the electorate is still relevant in Malaysia when the Prime Minister is being appointed rather than being elected.
However, there is the argument that a vote of no confidence can be brought against the new Prime Minister if the Lower house collectively wants to. The keyword here is collective. With the whip system that we practise, all the Barisan MPs must vote for the interest of Barisan not their constituents.
Even in Britain, when Tony Blair left, there was a transition of power from him to Gordon Brown. However, as soon as Brown took over, he had many problems within his government and the opposition being very strong, they put considerable pressure upon him. They practise the system of vote of no confidence because they understand why it is important and that they are accountable to the people not to their political allegiance.
We do not practise such a system here as the opposition is getting stronger but still not strong enough and political allegiance is seen as far more important than what the constituents have in mind.
Even in MCA we can see unprecedented changes with many divisions having contest for their chairman’s post. Chua Jui Meng is contesting in a three cornered fight for the Bakri division. Chua Soi Lek on the other hand, will be Batu Pahat chairman uncontested.
The MIC are rebranding themselves so the Indians will trust the party more and vote for Barisan in time to come. The former youth head, Vickneswaran unceremoniesly left the party saying he has no confidence in the leadership of Samy Vellu. Some people followed in his footsteps. Since Samy Vellu took over, there has been many casualties in the war to control MIC. These would include S. Subramaniam, Pandithan and Pathmanaban who all tried to challenge him but failed.
The real rebranding the party needs is the removal of its top leader as this is the only way forward for the party. The party has been beaten by the public so it can regain its senses of what the party was really built for. No one would have imagined such turn of events if not for the results of the last general elections. The people must exercise the power that they have.
These may seem like a healthy trend but it also exposes Barisan for the political party that it is. The love of patronising those who are close to you regardless of their capabilities and capacity to do the job properly has caused Barisan to crack and if Anwar Ibrahim does form a new government, then even bigger cracks will come out of Barisan.
The talk all over town about the Anwar sodomy – Najib Mongolia issue seems to be the same – people are fed up with all this drama and want those we elected from whichever side to get on with their jobs and help us reduce our financial burdens. The government defends the rise in fuel costs by attributing it to rising world fuel prices and that Petronas has given all its dues to the government.
There are two major problems here. The first is that unlike many countries around the world, we are an oil producing nation. Since Petronas first made money was through oil, the government can now tap the entire group funds to help subsidies our petrol problem. Secondly, we do not have a comprehensive public transport system like the ones in UK or Singapore. People would complain less if they have alternatives. The government does not provide alternatives; instead they build bigger highways charging bigger toll prices.
The average Malaysian spends almost 25% of his/her wages on fuel and toll. The fuel and toll prices would affect the select few who made money through closed government tenders as they have our money as their reserves. It affects people like you and me who struggle to make a living in a country that is full of resources. Malaysia has everything any nation in the world would desire for except a regime corrupted by funds from big business empires. These business empires want to keep corrupting the regime as well so their well will never dry up. The common man’s well has become non-existent.
If things continue to be as they are with rising inflation and lack of governance, unemployment will hit roof high and at time, Vision 2020 will be Vanished 2020.
Merdeka – A Critical Evaluation September 5, 2007
Posted by rahulian in Free Press, Malaysia, Politics.1 comment so far
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.
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
