PP3739/12/2006 ISSN 0127 - aliran.com · sensational high-drama series of a crooked-half-bridge,...

Aliran Monthly : Vol.26(11/12)

PP3739/12/2006 ISSN 0127 - 5127 / RM4.00 / 2006:Vol.26No.11/12


he citizens of Bolehlandended the year 2006 inhigh spirits. Eventhough things did not

quite fork out for the work-with-mePrime Minister (PM), the govern-ment of the day took us to greatheights in various ways.

We were also kept high-mindedby former PM Dr MahathirMohamed (Dr M), who instead ofriding off into the sunset, got onhis high horse and refused tocome down from it – even after hismanhood had been questioned.

Dr M felt it was high time to high-light to the PM that the latter hadsold the country, stooped beforehis neighbours, stopped listeningto ‘My Way’, stabbed him in theback and scrapped his petprojects…He was not interfering,

merely asking Pak Lah to stepdown, that’s all.

It was difficult to differentiate be-tween the annual haze and DrM’s high-end smokescreen. Hispast ‘sins’ were shrouded by hissensational high-drama series ofa crooked-half-bridge, cancelledprojects, crooks and cronies –with him playing the lead role asa reluctant saint.

Part of the drama was an arrangedpeace talk, during which Pak Lahkept his peace and Dr M talked

COVER STORY

Year of half-bridge, half-past-sixYear of half-bridge, half-past-sixYear of half-bridge, half-past-sixYear of half-bridge, half-past-sixYear of half-bridge, half-past-sixgovt and half-witted leadersgovt and half-witted leadersgovt and half-witted leadersgovt and half-witted leadersgovt and half-witted leaders

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Printed by Percetakan Tujuh Lapan Enam Sdn. Bhd.No. 16, Lengkangan Brunei, 55100 Pudu, Kuala Lumpur.

In our cover story, Martin Jalleh looks back at thelast 12 months and highlights the Mahathir-Abdullah spat, the Umno keris affair, Proton and itscan of worms among others. But alas, 2006 was alsoa year when Pak Lah and his “half-past six govern-ment” functioned only at half throttle, with half-measures and half-hearted efforts.

We also carry articles in Q and A format: one by theArticle 11 coalition to dispel some of the myths thathave arisen following last year’s aborted road-showand the other by the IPCMC Coalition on why weurgently need an Independent Police Complaintsand Misconduct Commission.

Inter-religious relations meanwhile have taken aturn for the worse, and a resourceful Zaharom Naindecides to take the matter up with the highest levels– in a manner of speaking. But no, not another openletter to the Prime Minister – but one addressed toGod himself...

Speaking of the Almighty, K George reminds theJohor Chief Minister Abdul Ghani Othman that weare all children of the one God after Ghani declaredthat the Malays are a superior race.

Mustafa Kamal Anuar reports on the recent NationalRoundtable on Internet Media held in Penang. Theevent provided a unique opportunity for bloggers,webmasters and civil society activists to share theirexperiences of the Internet as a medium for publish-ing news that rarely gets reported in the mainstreammedia.

Finally, also in Penang, Angeline Loh describes along overdue meeting with the chief of the Commer-cial Vehicle Licensing Board – a meeting which pro-vided little hope and came 15 years too late for thePenang’s bus system (or rather, bus chaos).

Wishing all our readers a happy Lunar New Year!

C O N T E N T S

EDITOR'S NOTE

COVER STORYCOVER STORYCOVER STORYCOVER STORYCOVER STORY••••• Year Of Half-Bridge, Half-Past-SixYear Of Half-Bridge, Half-Past-SixYear Of Half-Bridge, Half-Past-SixYear Of Half-Bridge, Half-Past-SixYear Of Half-Bridge, Half-Past-Six

Govt And Half-Witted LeadersGovt And Half-Witted LeadersGovt And Half-Witted LeadersGovt And Half-Witted LeadersGovt And Half-Witted Leaders 22222

FEATURESFEATURESFEATURESFEATURESFEATURES••••• Cepat Meets CVLB Chief...Cepat Meets CVLB Chief...Cepat Meets CVLB Chief...Cepat Meets CVLB Chief...Cepat Meets CVLB Chief... 99999

••••• The Coalition Called Article 11The Coalition Called Article 11The Coalition Called Article 11The Coalition Called Article 11The Coalition Called Article 11 1 21 21 21 21 2

••••• An Open Letter To GodAn Open Letter To GodAn Open Letter To GodAn Open Letter To GodAn Open Letter To God 1 91 91 91 91 9

••••• Is There A Superior Race...Is There A Superior Race...Is There A Superior Race...Is There A Superior Race...Is There A Superior Race... 2 12 12 12 12 1

••••• Blogging For ChangeBlogging For ChangeBlogging For ChangeBlogging For ChangeBlogging For Change 2 32 32 32 32 3

••••• An Indispensable Part OfAn Indispensable Part OfAn Indispensable Part OfAn Indispensable Part OfAn Indispensable Part Of

Police ReformPolice ReformPolice ReformPolice ReformPolice Reform 2 52 52 52 52 5

••••• Latin America ChallengesLatin America ChallengesLatin America ChallengesLatin America ChallengesLatin America Challenges

Neo-Liberal OrderNeo-Liberal OrderNeo-Liberal OrderNeo-Liberal OrderNeo-Liberal Order 3 33 33 33 33 3

••••• KDN Gives Aliran AnnualKDN Gives Aliran AnnualKDN Gives Aliran AnnualKDN Gives Aliran AnnualKDN Gives Aliran Annual

Headache Headache Headache Headache Headache 4 04 04 04 04 0

REGULARSREGULARSREGULARSREGULARSREGULARS••••• LettersLettersLettersLettersLetters 2 92 92 92 92 9

OTHERSOTHERSOTHERSOTHERSOTHERS••••• Subscription FormSubscription FormSubscription FormSubscription FormSubscription Form 1 71 71 71 71 7

••••• A p p e a lA p p e a lA p p e a lA p p e a lA p p e a l 1 81 81 81 81 8

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with his high-hat on. The ‘oldman’ gave the PM higher ‘dosesof venom’ for his blistered image.The latter took down the longprescription…and left everythingto God.

As sparks flew, venom spewedand divisions grew, it becameclear that the high-impact and thehistoric spat between the two hadmuch more to do with the four is-sues raised by Dr M or his insinu-ations of the Oxbridge-trainedpeople on the 4th Floor of the PM’sOffice.

It was about the elite in Umno jos-tling in high-gear with one an-other for the control of the coun-try’s resources. It was about privi-leged people in high places sink-ing so low in outdoing one an-other in their chauvinism and ar-rogance, and high rollers gam-bling away the country for highstakes.

In the name of Malay Supremacyand with the help of ExecutiveSupremacy, the elite in the domi-nant party exerted their ‘su-premacy’ over one another. Theywere at one another’s throatwhilst screaming at the rest not toquestion their state, status, and ofcourse, superiority.

Pak Lah’s chime of change andhis high-sounding anti-corrup-tion cheer and chant continued onin 2006. He proved himself capa-ble of producing the same old‘tap-and-dance routine’ synony-mous with his predecessor.

He displayed such ‘high toler-ance’ for certain people in highplaces in Umno. For example, he

held up high scandal-riddenformer Klang municipal council-lor Zakaria Md Deros as a ‘goodleader’. He told ‘close-one-eye’Jasin MP Datuk Mohd Said binYusof to close his mouth and as-sured him that he will be given aear.

On the eve of the Umno GeneralAssembly (GA), Pak Lah dishedout an additional RM600 million(of the rakyat’s money) to spear-head rural development. The ‘bo-nus’ will go to 191 parliamentaryconstituencies (read as ‘Umno di-visions’), excluding Sarawak(where there is no Umno).

Lim Kit Siang rightly called it ‘po-litical corruption of the worstkind’. Dr M said it was ‘verywrong’ and that it ‘has to be givento everybody’. But Pak Lah wasnot listening. He would roar veryreligiously that he was disap-pointed over the lack of debateson corruption during the GA.

One cannot help but think of thehighly hilarious statement of theoccasionally-wise de facto lawminister Nazri Aziz who declaredwith a straight face: ‘Money poli-tics in Umno…do not involve pub-lic funds or public projects.’ Hownaïve can Nazri be?

By the end of the year Pak Lah hadnothing to show – no high-profileindividuals to be prosecuted forgraft – not even amongst the un-known 18 of high standing on thecorruption list. MukhrizMahathir was absolutely right –Pak Lah had offered nothing newat the GA – and neither had any-one else in Umno in 2006.

‘Good governance’ reigned inmany local councils in 2006. A

High hypocrisy

Zakaria: A good leader?Zakaria: A good leader?Zakaria: A good leader?Zakaria: A good leader?Zakaria: A good leader?

How naive can Nazri be?How naive can Nazri be?How naive can Nazri be?How naive can Nazri be?How naive can Nazri be?

Mukhiz: Absolutely right - Pak LahMukhiz: Absolutely right - Pak LahMukhiz: Absolutely right - Pak LahMukhiz: Absolutely right - Pak LahMukhiz: Absolutely right - Pak Lahoffered nothing newoffered nothing newoffered nothing newoffered nothing newoffered nothing new


good number of politically-ap-pointed councillors made goodmoney in good time for the good ofthe people. They built for them-selves palaces, bulldozed thehomes of the poor, blasted holyplaces of worship and bullied themarginalized.

The rakyat began to doubt theirtell-me-the-truth PM. His explana-tions regarding his son and son-in-law were treated as half-truthsor outright lies. We asked him totell the truth, but he would insteadspeak of his son-in law’s rice bowland of Dr M’s children havingbeen awarded far bigger projectsthan those given to his son.

Ferreted out of his ‘elegant si-lence’, and realizing it was timeto play high-ball Pak Lah stut-tered, stammered, stumbled andstrained for ‘the truth’ to shore uphis shaky defence against Dr M’saccusation that Bolehland has be-come a ‘half-past-six countrywhich has no guts’.

Indeed, Pak Lah’s half-past-sixgovernment often appeared atsixes and sevens – with either hisministers and officers contradict-ing one another, making u-turns,or with almost everybody free topronounce policy – from ministerto mufti to the mob and to themultitude...but he would still in-sist ‘I am in control’.

Sharing Pak Lah’s prize for hy-pocrisy was Dr M who com-plained that he had been deniedthe right to freedom of expression,peaceful assembly and associa-tion, and that he was a victim of apolice state – a legacy which hehad so proudly left behind.

He even very humbly claimed that

he never had anyone arrested un-der the ISA for political reasonsand blamed the mass arrests ofOperation Lalang in 1988 on thepolice. A highly-incensed KitSiang reminded Dr M, who wasalso the then Home Minister andJustice Minister, that he was the‘mastermind’of the 1987 dragnet.

He complained that the main-stream press had spurned himand spiked his statements. Heeven alleged the existence of spindoctors. Dr M was given a taste ofhis own medicine. It must havebeen difficult to swallow the factthat he was no longer the darlingof the mainstream press.

The seasoned politician was pep-per-sprayed when he arrived forone of his wayang kulit roadshowsin Kelantan. However, proving hewas worth his salt, he bouncedback peppering the governmentwith his snide remarks and sar-castic swipes.

It was also a year when the chick-ens came home to roost. AniArope, ex-chief of Tenaga, enlight-ened us on the role Dr M playedin the higher electricity rates we

Homes of the poor bulldozedHomes of the poor bulldozedHomes of the poor bulldozedHomes of the poor bulldozedHomes of the poor bulldozed

Lim Kit Siang: Dr M ‘mastermind’Lim Kit Siang: Dr M ‘mastermind’Lim Kit Siang: Dr M ‘mastermind’Lim Kit Siang: Dr M ‘mastermind’Lim Kit Siang: Dr M ‘mastermind’of 1987 dragnetof 1987 dragnetof 1987 dragnetof 1987 dragnetof 1987 dragnet

Anwar Ibrahim: Highlighted Dr M'sAnwar Ibrahim: Highlighted Dr M'sAnwar Ibrahim: Highlighted Dr M'sAnwar Ibrahim: Highlighted Dr M'sAnwar Ibrahim: Highlighted Dr M'scontribution to RM30 billion losscontribution to RM30 billion losscontribution to RM30 billion losscontribution to RM30 billion losscontribution to RM30 billion loss


are paying for. Anwar Ibrahimhighlighted Dr M’s contributionto Bolehland’s RM30 billion lossas a result of forex speculations.

One-time corporate high-flyerTajuddin Ramli disclosed detailsin a court document regarding his‘national service’ duty to Dr M.Former High Court judge SyedAhmad Idid and former LordPresident Salleh Abbas providedmore disturbing information onthe 1988 judicial crisis and otherscandals in the judiciary whichstill stink to high heaven.

The PricewaterhouseCooper Re-port on the Mismanagement ofProton Holdings (1996-2005),which The Edge had called ‘Pro-ton’s Can of Worms’, provided arevealing glimpse into the wors-ening saga faced by the auto in-dustry in Bolehland and exposedhow the rakyat had been taken fora ride.

2006 also saw the high-perform-ance in Bolehland of half-wittedleaders and politicians. Leadingthe pack were some of Umno’shigh-profile ‘heroes’, often en-grossed in putting up a desperateact of either denial, diversion,damage control or demonizinganother race, party or person todemonstrate their superiority.

For a start, the ever-cautious andcalculating Deputy PM NajibRazak made it clear that the NEPwould be a Never Ending Policy.He declared during the Umno GAto a thunderous applause: “In thisstruggle for the Malays, it must befirmly said that there is no timelimit within which we mustachieve our targets.”

He preached that ‘the Malay mindmust be sharpened’ yet in theASLI controversy, he chose to shyaway without ascertaining thetruth with the help of experts withregards to the methodology in cal-culating wealth held by differentethnic groups. The people shouldno longer question the govern-ment’s findings, was his method-ology of a sharp mind

At one moment he would chal-lenge the Malay with an agendafor reform and at another hewould be obsessed with the MalayAgenda which would result in theMalay clutching on to theircrutches, clawing at their privi-leges and clamouring for morehandouts.

He struggled to rebut the conten-tion of Penang Education and Eco-nomic Planning Committee chair-man Dr Toh Kin Woon that theNEP was ‘only for the elite, espe-cially those who are close to theleaders’, by generating generali-ties like: “Many non-Malays havereceived the spillover and con-tracts from the government andalso certain approvals.”

Najib obviously ran out of fuel intrying to justify the government’sdecision to increase the price ofpetrol when he meekly said:“Malaysians should change theirlifestyle and adapt to the inevita-ble fuel price increase.” The indig-nant rakyat pointed out to Najibthe shameless high lifestyle of theCabinet ministers and the politi-cal elite.

Najib chastised Deputy HigherEducation Minister, Ong TeeKeat, for alleging that there mighthave been corruption in the Min-istry of Education in the utilisa-

High and Mighty

Tajuddin Ramli: ‘National service’Tajuddin Ramli: ‘National service’Tajuddin Ramli: ‘National service’Tajuddin Ramli: ‘National service’Tajuddin Ramli: ‘National service’duty to Dr Mduty to Dr Mduty to Dr Mduty to Dr Mduty to Dr M

Najib Razak: NEP would be a Najib Razak: NEP would be a Najib Razak: NEP would be a Najib Razak: NEP would be a Najib Razak: NEP would be a NeverNeverNeverNeverNeverEnding PolicyEnding PolicyEnding PolicyEnding PolicyEnding Policy

Ong Tee Keat: Corruption in theOng Tee Keat: Corruption in theOng Tee Keat: Corruption in theOng Tee Keat: Corruption in theOng Tee Keat: Corruption in theMinistry of EducationMinistry of EducationMinistry of EducationMinistry of EducationMinistry of Education


tion of a special fund for upgrad-ing vernacular schools. Tee Kiatwas proven right. But Najib didnot want to ‘discuss the facts ofthe issue’. He insisted that thecase be closed. Notice his‘methodology”’again.

Umno Youth chief, HishamuddinHussein, (who is also the Educa-tion Minister) proved yet againthat his intellectual prowess layvery much in his kris-kiss-bran-dishing stunts at Umno YouthGAs. Ever wondered why gang-sterism is rife in our schools anduniversities?

The keris may indeed be a “piv-otal part of Malay culture”. Butwhen an Umno delegate at the GAasked “when is he (Hisha-muddin) going to use it” – it be-came evident that Hishamuddin’sact had nothing to do with Malayculture but came across as part ofthe bullying and bankrupt cultureof Umno.

Then there was KhairyJamaluddin, the PM’s millionaireson-in-law, and a supposedly bril-liant Oxbridge graduate whoshowed that he was willing to beox-brained and to play the racialcard, in order to promote himselfas the PM-in-waiting.

He said: ‘Chinese were takingadvantage of the infighting inUmno to ask for more rights’ –without mentioning that he wasthe major cause of the infighting.‘Malays in Penang are beingmarginalised’ – yet ‘Khairy hasdone nothing concrete to alleviatethe problems faced by the Malaysin Penang’, as Dr M had correctlypointed out.

Khairy called Anwar Ibrahim a

traitor for saying that the NewEconomic Policy (NEP) was nolonger needed. He forgot that hisfather-in-law had said almost thesame thing at the Umno GA a yearearlier: ‘The government cannotplay the role of Santa Claus, per-petually handing out gifts’.

De facto Law Minister Nazri Azizhelped enrich the script of thePM’s anti-corruption charade bydeclaring that the ACA ‘has nopowers to initiative investigationson reports and charges of moneypolitics and bribery withinUmno…because these offencesare confined to political partiesand not public transgressions’.

A lawyer well-versed with theAnti-Corruption Act 1997 showedhow nascent Nazri was with thelaw: ‘…to say that money politicsdoes not affect the public in the sensethat it does not involve public projectsand public funds is spinning thespin. More so, when the ministerwas a former advocate and solici-tor.’

These and many others whoworked with Pak Lah, were called‘apple-polishers’ by Dr M –though the latter’s humility didnot allow him to acknowledge thefact that he had a lot to do withtheir highly ‘polished’ character.As it turned out in 2006, an ‘ap-ple’ a day tried to keep the Draway.

Parliament was not spared thecharade of change. The augusthouse was served with shockinghalf-baked replies by parliamen-tary secretaries and Ministers ofthe half-past-six government.Some BN MPs showed very re-

High Hopes

Khairy: Played the racial cardKhairy: Played the racial cardKhairy: Played the racial cardKhairy: Played the racial cardKhairy: Played the racial card

markably how virile they were inverbal brawls, vulgar jokes and vi-tuperative debates and venturinginto the cafeteria.

2006 was a year when higher edu-cation sank so low that a renownedacademician called the once-world-class Universiti Malaya a“““““high school”. The country had80,000 unemployed graduates –more than 90% of whom were frompublic universities. A reportshowed that the standard of pri-mary education in Bolehland wasway below that of not only devel-oping nations, but even that ofsome African countries.

It was also a year which saw thebrazen high-handedness of thepolice in breaking up a peacefuldemonstration in front of KLCCagainst price hikes in fuel andelectricity. The PM had in Janu-ary 2006 given his blessings to thesetting up of the Independent Po-lice Complaints and MisconductCommission (IPCMC). Till todayit is still kept under wraps in ‘el-egant silence’.

High crime dominated the past


clared aim, the increasing racialeyesores that developed through-out 2006, with the government of-ten turning a blind eye, washighly disconcerting.

The religious scenario was no dif-ferent and it had very much to dowith certain people of a particu-lar persuasion who believe theyare representatives from on highand it is their duty to dominate,dictate and decide on (and evendisrupt) what others can and can-not discuss, debate, dialogue anddo.

Pak Lah, who once declared thathe was the Prime Minister of allcitizens of every faith in this coun-try, unfortunately allowed them toimpose their views, to intimidatewith a mob and to insult the intel-ligence of the people. Alas, as isalways the case, the greatest casu-alty in religion is God himself –as he watches from above punyminds trying to play God.

Alas, 2006 was a year when Pak

year. According to official statis-tics, there were an average of onesnatch theft every hour, three mur-ders every two days, six rapesevery day, and the total numberof violent crimes committed rosefrom 21,604 cases in 2000 to 22,133cases in 2005. As the rakyat suf-fered in high anxiety, Pak Lah feltvery safe with his brand newRM20 million security system.

The rate of drug addictionreached a new high. 1% of ourpopulation are drug addicts. Adrug addict is created every 29minutes. The authorities detainabout 20,000 new addicts everyyear, nearly two-thirds of whomare teenagers or in their 20s. 6,120new HIV cases were reported in2005. There are an average of 19new cases daily.

It was also a year when the wholeworld saw how Bolehland whichis often touted as a melting pot ofall races and religions had be-come a boiling pot. For a countrythat has Vision 2020 as its de-

Lah and his half-past-six-govern-ment functioned at half throttle,displaying half-measures againstcorruption and half-hearted ef-forts in the public service deliverysystem, and often indifferent tohow the other half lives.

It was also a year when we hadto endure sky-high prices (re-sulting in high cost of living),high and scandalous wastage ofgovernment funds, high destruc-tion to the environment (whichresulted in a big flood in ShahAlam in early 2006 and anotherat the end of the year in Johor),high death tolls of 6,000 a yearon our roads, etc.

The citizens of Bolehland werepaying the high price of believingin the tell-me-the-truth governmentled by Pak Lah. There is, however,a high probability that they willstill vote in the BN government inthe next general elections in spiteof all the “high points” of 2006,being as absent-minded as theyusually are! q

Parliament: Served with shocking half-baked repliesParliament: Served with shocking half-baked repliesParliament: Served with shocking half-baked repliesParliament: Served with shocking half-baked repliesParliament: Served with shocking half-baked repliesIPCMC: Still kept under wraps inIPCMC: Still kept under wraps inIPCMC: Still kept under wraps inIPCMC: Still kept under wraps inIPCMC: Still kept under wraps in‘elegant silence’‘elegant silence’‘elegant silence’‘elegant silence’‘elegant silence’


he date 5 January 2007seemed historic, at leastfor members of the Citi-zens for Public Trans-

port (Cepat). This band of Penang-based NGOs has been gnawingat the debacle of Penang’s publictransport for nearly two yearssince the coalition was formed in2005. The coalition has had towrestle with a public transportproblem that has grown to un-manageable and uncontrollableproportions over the past 10 to 15years since the illegal “pajak” busleasing system sneaked in alongwith the government’s privatisa-tion scheme.

This was all due to the fact thatneither Federal/State authorities

nor the Commercial Vehicles Li-censing Board (CVLB) took any re-sponsibility to see to the properimplementation of such a priva-tization exercise according to thelaw. Mismanagement and illegal“pajak” ran rampant and still pre-vail in the State’s public bus sys-tem.

For months, Cepat had haggledwith all these government agen-cies, attempting to bring home tothem the fact that people, particu-larly the lower-income commu-nity, the aged and the disabled,were suffering because of the dis-mal public transport system in theState. Not only that, Penang itselfsuffers as traffic congestion andpollution worsens and tourism

takes a plunge. Even taxi driversare grumbling that they cannot getas many drives to hotels from theairport – ferrying tourists or busi-ness people - as they used to. Thiscomes straight from the horse’smouth!

Cepat had repeatedly requested tomeet with the CVLB who are di-rectly responsible for allowing thecurrent chaotic and oppressivestate of affairs to prevail. TheCVLB and both local and Federalauthorities were evasive and as-sumed a fault-finding attitude to-wards Cepat’s requests. Cepatpersisted in haggling with theState government, represented byDr Teng Hock Nan, and were veryfrequently led on a wild goose

PUBLIC TRANSPORT

Cepat meets CVLB chief...f i n a l l yIn hindsight...too little and 15 years late for Penang’s bus system

by Angeline Loh

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chase or to a dead-end. Promiseshave been made, but all these ap-pear characteristically as merelyso much hot air billowing fromgovernment mouthpieces.

In mid-2006, the CVLB saw achange of leadership, withMarkiman Kobiran stepping intothe driver's seat. He is the MP forUlu Langgat, Selangor, and oper-ates from Putrajaya. Cepat’s re-quests for a meeting continuedwith this change-over. Thereseemed a certain reluctance byMarkiman, at first, to meet repre-sentatives of this apparently trou-blesome civil society coalitionwho demanded radical changesin the state’s public transport sys-tem and in the government’s atti-tude and mentality towards pub-lic crises. It took months and manyexcuses by this CVLB chief to fi-nally consent to a meeting inPenang, where the reality of theproblems are manifest. Cepat hadturned down his request to meetin Putrjaya in December last year.

On 5 January 2007, seven Cepatrepresentatives from variousPenang-based NGOs gathered inthe lobby of the Penang Munici-pal Council (MPPP) in Komtar fora 9.30am meeting with the CVLBat Teng’s office. They were wellprepared with a Power-point pres-entation on CD-Rpm illustratingthe steadily deteriorating state ofPenang’s public transport system.The record of shortcomings in thesystem was well documented. DrChoong Sim Poey of the PenangHeritage Trust (PHT) and JoachimXavier of the Penang Office forHuman Development (POHD)also brought a laptop and LCDequipment, as back-up, in case

none was supplied.

In the conference room on the 53rdFloor of Komtar, the Cepat seventook their places on the right ofthe conference table, where audio-visual equipment and a laptophad been set up. A few minuteslater, Markiman and his CVLBentourage of ten, filed in and oc-cupied seats on the left of the con-ference table. After the ritual hand-shaking, there was a long pause,as Teng, who was to chair the ses-sion was delayed. About eightminutes later, Teng finally ap-peared.

This was a closed-door meeting,at the request of Markiman andTeng. It is perhaps to the govern-ment’s credit that Cepat was al-lowed to present their case, beforeany comment was made by thegovernment side. Nevertheless,there were ugly moments duringthe discussion where false accu-sations of rude language and us-age of “four-letter” words wasmade by former councillor ShahHeadan against Joachim Xavier,

with reference to past meetingswith the local authority. B K Ong(Bus Users Group), in defence ofJoachim Xavier, reminded ShahHeadan that Cepat had proof inits recordings of those meetingsthat this was not so.

At this point, there was a briefstand-off, which threatened toabort further discussion. This washastily resolved by Teng. The ac-cusations of the ex-councillorwere baseless and obviously in-tended to disrupt civilised discus-sion. Hopefully, the YB will makea mental note to exclude from hisfuture negotiating team membersof Shah Headan’s disposition.

The YB himself started off by la-belling the statement of the prob-lems as “grandfather and grand-mother stories”. In response,Joachim Xavier reminded himthat due to these problems thatcontinued to this day, “our grand-fathers and grandmothers” werestuck at home.

The manner adopted by some gov-ernment ministers and civil serv-ants, whether high- or low- rank-ing, in negotiations and discus-sions with civil society organisa-tions seems to be less than civil. Itis a wonder that this should beso, as the government frequentlypreaches ‘sikap berbudi bahasa’(courtesy) all over the media andon large posters and advertise-ments displayed in every publicplace.

NGOs also have the distinct im-pression that these discussionsare meant to be monologuesrather than dialogues, where gov-ernment representatives take theattitude of “we talk and you lis-ten” and that there is only one per-

A mile-stone?

Where is the public transport?Where is the public transport?Where is the public transport?Where is the public transport?Where is the public transport?


spective to an issue, the govern-ment’s perspective. Whether theusage of such tactics is deliberateor simply thoughtless reveals theauthorities’ reluctance and lack ofprofessionalism to sit down anddiscuss in good faith and in a civi-lized manner the complex prob-lems faced by the electorate.

Civil society groups have becomefamiliar with the common tacticused to stop questions raised re-garding opinions given by gov-ernment representatives. Thesegovernment representatives de-mand to be heard first before theyentertain any questions or theytreat civil society representativeslike children and rudely reproachthem for being uncivilised. It isamazing that this kind of accusa-tory rhetoric can come from thegovernment’s side, which fre-quently interrupts when any civilsociety representative is talking orcuts them short without payingany attention to what is beingsaid. This discredits the assump-tion that the government is seri-ous in wanting to look into andresolve the problems faced byMalaysians. How can such prob-lems be resolved when officialscannot demonstrate sufficient pa-tience and interest, let alone cour-tesy, by giving their attention tocivil society representatives whohave first-hand knowledge ofthese problems.

Such less than courteous behav-iour from people of whom more isexpected by the electorate revealsa lack of interest and concern forpressing local needs. The need toshroud such discussions on pub-lic problems in secrecy, behindclosed doors, along with the ap-parent fear of public criticism andquery, means that such meetings

amount to little more than an una-voidable evil for the governmentand a mere public relations exer-cise to give the electorate the falseimpression that the administra-tion cares about their problems.

Despite this, Cepat has done wellto create a “talking space” be-tween civil society and the gov-ernment on this protracted issueof Penang’s public transportwoes. The meeting closed after twohours on an apparently amicablenote with the anticipation of fu-ture meetings, although Cepatmembers politely declined Teng’sinvitation to an early lunch at11.30 am.

It is the timing of this meeting thatraises the question, Why now?Next year could be an election yearand from March 2004 to the closeof 2006, citizens and non-citizensresident in the country have seentoo many ill-conceived policiesand government actions creatingmore discrepancy and inequality- politically, economically, so-cially and even along religiouslines. Penang’s public transportis one of these important issues.The rumbles of dissatisfactionwith the government’s apatheticand half-hearted responses topublic complaints have begun toseemingly cause discomfort to theruling coalition.

Yet, the disappointing result ofCepat’s hard-won meeting withthe CVLB was again another un-substantial promise by the CVLBand the Penang State government.The introduction of the “BasNegeri Pulau Pinang” plan is ac-

In hindsight...too little and

15 years late?

ceptable for a start, with the an-ticipation of more improvement astime goes by. Yet there is no realassurance by the authorities ofputting this plan into action or ofensuring enforcement of legal re-quirements in bus operators’ per-mits. The solution is clear andwaiting to be enforced, either busoperators get their act together orbe put off the road, having theirlicences withdrawn. Penangiteshave waited 15 years for the au-thorities to act - and are still wait-ing, giving them chance after nau-seating chance. And all the assur-ance the government can give isanother airy promise of imple-mentation of new plans, withouta definite time frame, and no prom-ise at all as to when it will seri-ously consider enforcing the law!

It appears that the private busoperators and companies are rul-ing the country’s public transportsystem using the illegal “pajak”system to control the mobility ofcitizens and their spendingpower. Penang is a test case; thegovernment also admits that pub-lic transport services in otherparts of the country are in a dis-mal state and that it is private-company controlled. The govern-ment has no power to deal withthe situation nor has it any ideaof how to gain control over publictransport services through lawenforcement. Markiman wantedCepat to understand this. Thatwas one of the government’s lastrequests at the closure of the meet-ing with Cepat.

The public should not wait withbated breath for the governmentto act as we will surely die of suf-focation before our interests aregiven a thought by the powers-that-be! q


1 .1 .1 .1 .1 . What is Article 11 in the Federal Constitution?What is Article 11 in the Federal Constitution?What is Article 11 in the Federal Constitution?What is Article 11 in the Federal Constitution?What is Article 11 in the Federal Constitution?

It guarantees the freedom of religion. Article 11reads as follows:

“11. Freedom of religion.

• Every person has the right to profess and prac-tise his religion and, subject to Clause (4), topropagate it.

• No person shall be compelled to pay any tax theproceeds of which are specially allocated inwhole or in part for the purposes of a religionother than his own.

• Every religious group has the right -(a) to manage its own religious affairs;(b) to establish and maintain institutions for re-ligious or charitable purposes; and(c) to acquire and own property and hold andadminister it in accordance with law.

• State law and in respect of the Federal Territo-ries of Kuala Lumpur, Labuan and Putrajaya,federal law may control or restrict the propaga-tion of any religious doctrine or belief amongpersons professing the religion of Islam.

• This Article does not authorise any act contraryto any general law relating to public order, pub-lic health or morality.”

2.2.2.2.2. What is the What is the What is the What is the What is the Article 11Article 11Article 11Article 11Article 11 coalition? coalition? coalition? coalition? coalition?

Article 11 is the name of a coalition of civil soci-ety groups from diverse backgrounds and inter-ests.

3 .3 .3 .3 .3 . Why was the coalition formed?Why was the coalition formed?Why was the coalition formed?Why was the coalition formed?Why was the coalition formed?

It was formed in response to cases which high-lighted the problems, faced by some Malaysians,which involve the interpretation of some provi-sions of the Federal Constitution. Two exam-ples are:

Shamala was a Hindu mother whose husbandconverted to Islam. He converted their two in-fant children to Islam without her knowledge orconsent. The civil High Court refused to respectShamala’s rights as a parent of the child, andordered her to raise her children as Muslims andnot expose them to her own Hindu faith. It saidthat since the children are now Muslims, theSyariah Court is the only qualified forum to de-termine their religious status, even though thejudge acknowledged that the Syariah Court hasno jurisdiction to hear Shamala’s case since sheis not a Muslim. As a result, Shamala did nothave any avenue to seek justice.

The Islamic religious authorities had obtained aSyariah Court order declaring Moorthy, theMalaysian hero who climbed Mount Everest, aMuslim at the time of death, in his widowKaliammal’s absence. Kaliammal tried to have

RULE OF LAW

The Coalition Called The Coalition Called The Coalition Called The Coalition Called The Coalition Called Article 11Article 11Article 11Article 11Article 11:::::Myths and FactsMyths and FactsMyths and FactsMyths and FactsMyths and Facts


her deceased husband declared a Hindu at thetime of his death, but the civil courts refused tohear her case. She was therefore left with noremedy and no court that would hear her com-plaint.

4.4.4.4.4. What is the mission of the coalition?What is the mission of the coalition?What is the mission of the coalition?What is the mission of the coalition?What is the mission of the coalition?

Article 11’s mission is to ensure a Malaysia that:• upholds the supremacy of the Federal Con-stitution;• protects every person equally, regardless ofreligion, race, descent, place of birth or gender;and• is based on the rule of law.

5 .5 .5 .5 .5 . What does What does What does What does What does Article 11Article 11Article 11Article 11Article 11 hope to achieve? hope to achieve? hope to achieve? hope to achieve? hope to achieve?

We aim to promote awareness towards, advo-cate for and contribute to achieving a Malaysiawhere all Malaysians in our daily lives:• affirm the Federal Constitution as the supremelaw of the land;• strive to build national unity;• recognise that the Federal Constitution is theresult of an agreement among the various com-munities;• ensure that Malaysia does not become a theo-cratic state;• respect the Constitutional guarantees of equalprotection for every person in a multi-racial,multi-religious Malaysia;• protect the fundamental liberties of all;• respect the freedom of thought, conscience,belief and religion of every person; and• recognise the need for a judiciary that is animpartial, independent and equal arm of the gov-

ernment.

6.6.6.6.6. What activities has the coalition engaged in?What activities has the coalition engaged in?What activities has the coalition engaged in?What activities has the coalition engaged in?What activities has the coalition engaged in?

Open letterOpen letterOpen letterOpen letterOpen letter

In June 2006, Article 11 handed over to the PrimeMinister an open letter entitled “Reaffirming thesupremacy of the Federal Constitution”, alongwith approximately 20,000 signatures. The let-ter calls upon the government/judiciary:• to uphold the supremacy of the Federal Con-stitution;• to ensure governance in accordance with theFederal Constitution and premised on the uni-versal values of all Malaysian peoples;• to reaffirm that Malaysia shall not become atheocratic state; and• to recognise the proper position of the judici-ary within the Constitutional framework, as anindependent and equal arm of Government.

See http://www.petitiononline.com/constsup/petition.html for the open letter.

The coalition has repeatedly asked to meet withthe Prime Minister to discuss the open letter andother issues of concern, but no reply has yet beenreceived.

Public forumsPublic forumsPublic forumsPublic forumsPublic forums

Since 2004, Article 11 has been involved in or-ganising five public forums, which have focusedprimarily on the rights that the Federal Consti-tution, as the supreme law of Malaysia, guaran-tees to all persons living in Malaysia. The fo-


rums also highlighted the plight of various in-dividuals who are unable to obtain justice fromthe courts.

Unfortunately, two of those forums were dis-rupted by protests organised by a group callingitself Badan Anti IFC (Badai), which accused Ar-ticle 11 of attempting to revive the Interfaith Com-mission (IFC) and of insulting Syariah law andIslam. Although a Minister called the actions ofthe mob “stupid” (see http://www.malaysiakini.com/news/51104) and inspite of the increasing public support for the fo-rums, the Government nevertheless bowed tomob rule and banned further discussions oninterfaith issues.

Court and media advocacyCourt and media advocacyCourt and media advocacyCourt and media advocacyCourt and media advocacy

Coalition members have represented clients whorequire assistance to pursue legal remedies. Wehave also appointed lawyers to hold a watch-ing brief in court cases relating to lack of accessto justice and freedom of religion.

As part of the coalition’s media advocacy work,members have granted interviews and releasedpress statements and letters to press editors.Since the Government’s gag order, Article 11 fo-rums have been banned and its statements areno longer carried by the press. On the other hand,the groups opposing Article 11 have access tomosques, suraus and government religious ma-chinery to perpetuate disinformation about thecoalition.

Public educationPublic educationPublic educationPublic educationPublic education

Article 11 has conducted briefings for groups andindividuals who want to know more about theirrights under the Constitution and about the coa-lition.

7.7.7.7.7. Was it a mistake for Was it a mistake for Was it a mistake for Was it a mistake for Was it a mistake for Article 11Article 11Article 11Article 11Article 11 to discuss highly to discuss highly to discuss highly to discuss highly to discuss highlycharged and “sensitive” issues in a public fo-charged and “sensitive” issues in a public fo-charged and “sensitive” issues in a public fo-charged and “sensitive” issues in a public fo-charged and “sensitive” issues in a public fo-rum setting?rum setting?rum setting?rum setting?rum setting?

No. The public forums were closed-door ses-sions held in a controlled indoor setting and allattendees were required to register. The forumsfeatured activists, academics, lawyers and poli-

ticians as speakers who discussed the FederalConstitution. The forums themselves proceededsmoothly and nothing happened during themeetings that caused problems. The only dis-ruptions originated outside the forums, causedby a mob unwilling to engage in rational dia-logue, and were unprovoked by the Article 11coalition.

The issues may be “sensitive” but we believethey have not been handled in a crude or offen-sive manner. At least half of the panel in eachforum comprised Muslim speakers.

8.8.8.8.8. What does What does What does What does What does Article 11Article 11Article 11Article 11Article 11 plan to do, in light of the plan to do, in light of the plan to do, in light of the plan to do, in light of the plan to do, in light of theprotests against the forums?protests against the forums?protests against the forums?protests against the forums?protests against the forums?

We cannot be united if we do not talk to eachother about what is troubling us. Suppressionof debate will not resolve problematic issues norcause them to fade away. It is important that wediscuss and explore different viewpoints to fa-cilitate solutions to the issues that jeopardise ournational unity.

Article 11 hopes to engage in rational dialoguewith all concerned to clarify the misconceptionsabout the coalition, and to continue with its pub-lic education activities. Article 11 also hopes tomeet with the Prime Minister and other decision-makers to discuss issues of concern.

9.9.9.9.9. Does Does Does Does Does Article 11Article 11Article 11Article 11Article 11 aim to revive the effort to es- aim to revive the effort to es- aim to revive the effort to es- aim to revive the effort to es- aim to revive the effort to es-tablish the IFC?tablish the IFC?tablish the IFC?tablish the IFC?tablish the IFC?

This is not one of Article 11’s objectives, but someof the individuals and groups that participated


in the IFC initiative are also involved in Article1 1 .

The IFC was intended to be a statutory body of aconciliatory nature to promote the national unityof the people of multiple faiths in Malaysia. De-spite the lies to the contrary, the proposed IFCwas never intended to have adjudicatory func-tions. We, as a nation, should welcome this ini-tiative as a non-confrontational and non-adversarial means of resolving disputes. Sadly,the Government has rejected the IFC proposaloutright.

Article 11 is a separate initiative. There is nodiscussion about the IFC in Article 11’s publicforums or other activities.

1 0 .1 0 .1 0 .1 0 .1 0 . Does Does Does Does Does Article 11Article 11Article 11Article 11Article 11 oppose the position of Islam in oppose the position of Islam in oppose the position of Islam in oppose the position of Islam in oppose the position of Islam inMalaysia?Malaysia?Malaysia?Malaysia?Malaysia?

No. Article 11 respects Article 3(1) of the FederalConstitution which states that “Islam is the reli-gion of the Federation; but other religions maybe practised in peace and harmony in any partof the Federation.” We also uphold Article 4(1),which provides that the Federal Constitution isthe supreme law of Malaysia.

1 1 .1 1 .1 1 .1 1 .1 1 . Do Do Do Do Do Article 11Article 11Article 11Article 11Article 11 and its activities interfere with, or and its activities interfere with, or and its activities interfere with, or and its activities interfere with, or and its activities interfere with, orinsult, Islam?insult, Islam?insult, Islam?insult, Islam?insult, Islam?

None of the forum speakers or Article 11 coali-tion members questions the application ofSyariah law to Muslims in the area of personaland family law.

The coalition, however, is concerned about theareas of conflict between Syariah law and civillaw and the negative impact on the rights of allindividuals. As we do not oppose Islam, thisshould not be seen as insulting or underminingIslam but as advocating for the protection of eachindividual’s fundamental liberties.

1 2 .1 2 .1 2 .1 2 .1 2 . Does Does Does Does Does Article 11Article 11Article 11Article 11Article 11 aim to reduce the power of the aim to reduce the power of the aim to reduce the power of the aim to reduce the power of the aim to reduce the power of theSultans and religious authorities?Sultans and religious authorities?Sultans and religious authorities?Sultans and religious authorities?Sultans and religious authorities?

Article 11 has the utmost respect for the Sultansas constitutional monarchs and for the religiousauthorities who are subject to the Federal Con-

stitution and are bound to follow the law.

1 3 .1 3 .1 3 .1 3 .1 3 . Does Does Does Does Does Article 11Article 11Article 11Article 11Article 11 aim to reduce the status of aim to reduce the status of aim to reduce the status of aim to reduce the status of aim to reduce the status ofSyariah Court?Syariah Court?Syariah Court?Syariah Court?Syariah Court?

No. What we advocate has been the position inMalaysia since independence and will not re-duce the Syariah Court’s scope within the Fed-eral Constitution’s existing restrictions.

Article 11 recommends that, in any case whereone party to a dispute does not profess Islam, orwhere the State Legislative Assembly has notexpressly legislated on the subject matter of thedispute, the civil courts must be the ultimate de-cision-maker. If all parties to a dispute professIslam, and the subject matter of the dispute isone of purely Islamic personal law which hasbeen legislated upon, then the civil courts canrightly decline to interfere with a dispute in theSyariah Court. The current situation is prob-lematic because individuals who do not professIslam are being told to go to the Syariah Courtfor redress.

1 4 .1 4 .1 4 .1 4 .1 4 . What is What is What is What is What is Article 11Article 11Article 11Article 11Article 11’s stand on apostasy?’s stand on apostasy?’s stand on apostasy?’s stand on apostasy?’s stand on apostasy?

The coalition believes that the clear provision in


Article 11(1) of the Constitution that “Every per-son has the right to freely profess and practise… his religion” must be fully respected.

We do not encourage Muslims to renounce Is-lam, and we acknowledge that Article 11(4) re-stricts the propagation of any religious doctrineor belief among Muslims. However, our coun-try has to address the reality of sincere religiousconversions that are done of a person’s own freewill. Our concern is for individuals who sufferharm or injustice as a result of their conversion.

Laws can be put in place to ensure that personswho convert out of their religion do not evadeany lawful obligations to their families and com-munities just by changing their religion. How-ever, such laws must not prevent, punish or de-ter the conversion itself but must merely ensurethat conversion does not provide an escape routefrom obligations already incurred.

1 5 .1 5 .1 5 .1 5 .1 5 . Is Is Is Is Is Article 11 Article 11 Article 11 Article 11 Article 11 seeking a repeal of Article 121(1A)seeking a repeal of Article 121(1A)seeking a repeal of Article 121(1A)seeking a repeal of Article 121(1A)seeking a repeal of Article 121(1A)of the Constitution?of the Constitution?of the Constitution?of the Constitution?of the Constitution?

No. Article 121(1A) states: “The [civil HighCourts] shall have no jurisdiction in respect ofany matter within the jurisdiction of the Syariahcourts.”

This just means that if a matter is within theSyariah Courts’ jurisdiction, the civil HighCourts will not exercise jurisdiction in thosematters. It does not add anything to the SyariahCourts’ jurisdiction, nor take anything awayfrom the civil High Courts’ jurisdiction, as theystood before Article 121(1A) was added.

The jurisdictional conflict that has arisen is notdue to the written law but to a distorted readingof Article 121(1A) and the failure of the judici-

The above Q & A was prepared by the coalition ofThe above Q & A was prepared by the coalition ofThe above Q & A was prepared by the coalition ofThe above Q & A was prepared by the coalition ofThe above Q & A was prepared by the coalition ofNGO known as “Article 11”.NGO known as “Article 11”.NGO known as “Article 11”.NGO known as “Article 11”.NGO known as “Article 11”.

ary to interpret and enforce the law. Some judgeshave interpreted it to preclude the civil HighCourts from hearing any matters that they per-ceive as relating to Islam. Some judges also havethe notion, though legally unfounded, that theSyariah Courts are of parallel jurisdiction withthe civil High Courts.

16 .16 .16 .16 .16 . What can I do to help?What can I do to help?What can I do to help?What can I do to help?What can I do to help?

• Endorse Article 11’s open letter (http://w w w . p e t i t i o n o n l i n e . c o m / c o n s t s u p /petition.html) and send a copy to your Memberof Parliament (http://www.parlimen.gov.my/eng-DewRakyat_AhliDewan_2.php)• Read the Federal Constitution and familiar-ise yourself with your constitutional rights• Discuss these issues with your friends andfamily members• Write to the press to express your viewpointon these issues• Organise discussions to which Article 11members are invited to speak• Go to Article 11’s website (www.article11.org)to learn more, and contact us [email protected] for more information q


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HELP!HELP!HELP!HELP!HELP!


This is the first - and, hope-fully, the last - time in my lifethat I am writing an ‘open let-ter’. Since it is addressed toyou, I think you will appreci-ate that I don’t take thesethings lightly.

Why write to you, you maywell ask?

Well, it’s like this. Earlier thisyear, two of your subjects –friends of mine – wrote openletters to a couple of prettyhigh-ranking individuals inthis land they call Malaysia.

Looking back, you’d probablyagree that in the overallscheme of things, these ‘highranking’ individuals – theprime minister and the highereducation minister, no less –can’t really be too high ormighty, given the small coun-try that Malaysia is, withouttoo long a glorious history.

But, to further digress for a

moment, we are working onthis small, backwater image,striving to be cemerlang,gemilang and terbilang (ex-cellent, outstanding, revered).But you’ll understand that thisis going to take some time, de-spite the fact that we love totake ridiculous and embarrass-ing short-cuts in the spirit ofMalaysia Boleh.

Anyway, to get back to thematter at hand, the open let-ters that my friends, Jacqueand Azmi, wrote were ex-tremely pertinent, voicing theirconcerns about the state ofhigher education and the stateof this country generally. Un-fortunately, as far as I know,the hoped-for responses havenot been forthcoming.

Hence, I felt that it’s best to gostraight to the top, as it were,and pray that some action willbe taken. Of course, since ithas become a cliché that youwork in mysterious ways, I

won’t be expecting you to re-spond in the way that myfriends were hoping that merehuman beings – no matter how‘high’ up – would respond totheir appeals.

Okay, permit me to get downto brass tacks.

For a fairly long while now,this blessed country I currentlyreside in has been a fairly har-monious one. Its multi-ethnic,multi-cultural and multi-reli-gious mix of peoples have beengetting along pretty well by in-ternational standards.

Indeed, at one time, not thatlong ago, I remember us allgenuinely respecting eachother as fellow Malaysians. Asone writer put it, our differentethnic, cultural and religiousbackgrounds served asbridges, linking us all together,enabling us all to call each otherMalaysians, urging us to try tounderstand and share the

An open letter to GodAn open letter to GodAn open letter to GodAn open letter to GodAn open letter to God

Dear God,

HEART TO HEART "What comes from the lips reaches the ear,what comes from the heart reaches the heart" - Arab proverb


uniqueness of our differentheritages.

Now, sad to say, these differ-ences appear to have becomehigh walls, preventing us fromreaching out to each other,from understanding one an-other.

For some, all this began withcommunal segregation underthe British colonial policy of di-vide and rule and started to be-come really bad in the early1970s when communalism wasinstitutionalised.

Now, dear God, it seems tohave reached nightmarish pro-portions.

We are being told that it is notright to congratulate each otheron our different religious fes-tivals.

With the advent of new tech-nology, especially mobilephones and the Internet, weare now getting some sick-in-the-head miscreants spreadingvicious hate mail, urging gulli-ble people to disrupt otherpeaceful groups’ silent mo-ments of prayer and reflection.

Whoever it was who said ‘in-formation empowers’ certainlyhadn’t bargained on this.

I’m also more than a little con-

cerned about religious bodiesinvading peoples’ privacy, es-pecially this moronic groupthat burst into an elderlyAmerican couple’s holidaycondo and mistreated them forno apparent reason.

All in the supposed name of re-ligion.

Could you possibly impressupon these people in some di-vine way that the hallmark ofa truly religious person is be-ing courteous and respectful ofothers, and not merely havingthe ability to break downdoors, to terrorise people, andto spout verses in another lan-guage?

In both these cases – and an in-creasing number of other simi-lar cases – of religious intimi-dation, could you possiblyopen the hearts of these peo-ple, so that they will, at thevery least, apologise to the in-nocent individuals affected –the children attending theirFirst Communion, the religiousauthorities there, and theAmerican couple?

While you are at it, could I be-seech you to enlighten thesegroups that ‘morality’ goes be-yond claiming theirs is the bestreligion, beyond intimidatingother groups who so happen tobelieve in something else?

Why is it so difficult – if, in-deed, they are religious andfearful of you – for them toapologise for what were clearlyill-judged actions?

On a wider scale, do you thinkit would be possible for themto look beyond their noses andsee ‘morality’ in its widersense? Like in the sense ofquestioning and criticising theabuse of power by the people’srepresentatives?

Indeed, I am often puzzledthat these same people wholove intimidating others in thename of religion refuse to turntheir attention to the corrup-tion and abuse of power thatis there for all to see.

For these zealots, why, indeed,is it so morally wrong for acouple to hold hands and per-fectly acceptable for the peo-ple’s representatives to flauntthe law and construct palacesillegally?

I guess all I’m asking is thatyou open their eyes so they cansee, open their ears so they canhear, open their hearts so theycan feel and, perhaps most im-portantly, open their pea-sizedbrains so they can think.

Your humble servant,

Zaharom Nain


ohor Menteri BesarAbdul Ghani Othmandeclared, like a bolt fromthe blue, that the Malays

are a superior race. To prove hiscontention, Ghani quoted the su-preme law of the Federation - Ma-laysia’s Constitution, which states“the races as Malays and others”in the country. Alas, it took 49 yearsfor a Menteri Besar to discover thatthe Malays are a superior race. Butsadly, he missed the teaching of hisown religion – Islam.

May I submit that I am not a Mus-lim; I was born to a Christian fam-ily. Nonetheless, out of curiosity,I have gone through some of theteachings of Islam. One of whichis glaringly specific: “No race issuperior to another”. Have youcome across this most wonderfulteaching of your religion, Mr.Menteri Besar? You, as a Muslim,and I, as a Christian, should havelearnt that Almighty God, havingformed the Universe, created hu-mans, to whom he bestowed thegreatest gift – common sense.Humans would spread to all overthe world, where there would bedifferent races, cultures, lan-guages and customs.

I wish to reiterate that a person

can only belong to the Malay raceif he was born in Malaya, speaksthe Malay language, followsMalay culture, and over andabove it all must be fully commit-ted to the Faith of Islam. ProphetMuhammad made it clear that onecan only claim to be a follower ofIslam, if one complies with all itsteachings - which in effect meansthat any deviation would auto-matically deny one the right to bea Muslim. In simple English, nei-ther the Malay nor any other raceis superior to another.

The word ‘special position’ wasinserted in the Federal Constitu-tion with the concurrence of theMCA and the MIC at the requestof the first Prime Minister of Ma-laysia, Tunku Abdul Rahman.The economic and social situa-tion of the Malays before Merdekain 1957 left much to be desired.Most of the Malays lived in vil-lages, lacked education, dependedon agriculture and were deprivedof reasonable income. Hence, theyreally deserved special attentionby the government. Originally, itwas anticipated that within 15years or so, the condition of the

HUMAN RIGHTS

Is there a superiorIs there a superiorIs there a superiorIs there a superiorIs there a superiorrace in this planet?race in this planet?race in this planet?race in this planet?race in this planet?Johor Chief Minister should realise thatwe are all equal children of the One God

by K George

JJJJJ

Special position ofMalays (Bumiputeras)

Years of struggle and sacrifice forYears of struggle and sacrifice forYears of struggle and sacrifice forYears of struggle and sacrifice forYears of struggle and sacrifice forequal i tyequal i tyequal i tyequal i tyequal i ty

Abdul Ghani: Must live up to theAbdul Ghani: Must live up to theAbdul Ghani: Must live up to theAbdul Ghani: Must live up to theAbdul Ghani: Must live up to thetrue teahings of Islamtrue teahings of Islamtrue teahings of Islamtrue teahings of Islamtrue teahings of Islam

Tunku: First PM of MalaysiaTunku: First PM of MalaysiaTunku: First PM of MalaysiaTunku: First PM of MalaysiaTunku: First PM of Malaysia


Malays would improve suffi-ciently. While certain Malaysstarted talking about special privi-leges and special rights, the Con-stitution clearly stated that non-Malays will not be denied theirrights.

Malaysia is a wealthy nation. Butunfortunately, the poor, with theexception of a few, remain poorbecause the Barisan Nasionalgovernment’s economic policy,including the New EconomicPolicy, was a failure. Ex-KlangTown Councillor Datuk ZakariaMat Deros was once a railway-gate keeper; now he is the ownerof a four-storey palace located onland comprising eight lots thatwere originally meant to be allo-cated to the poor. The land, esti-mated to be worth RM1.3 million,was sold to the Datuk for a mereRM180, 000. Are we to believe itwas a straightforward deal?

When the local media carry sto-ries of millionaire Datuks divorc-ing existing wives and marryingnew ones and spending millions,we can well imagine the reactions

of the downtrodden folk. We, or-dinary people, watch with frus-tration when our elected govern-ment creates millionaires, bailsout cronies, privatises revenue-earning projects such as high-ways, telecoms and postal serv-ices, and ventures into white-el-ephant projects.

The economic policy of a capableand committed government mustbe aimed at emancipating the poorand providing the people withsatisfactory health care, educa-tion, employment, water, electric-ity, and other infrastructure.

The Second World War waslaunched by German dictatorAdolf Hitler in September 1938.The primary purpose of the warwas to establish the superiority ofthe Aryan race. He started killingJews and then went on attackingEngland and a number of Euro-pean nations. In the process, Hit-ler managed to kill a million peo-ple. He met his Waterloo whenhe attacked Russia despite hav-ing a peace treaty with Stalin.False pride prevented him fromsurrendering; instead Hitler com-mitted suicide. That ended thechase for the superiority of theAryan race!

During the war, Japan exploitedthe opportunity and took controlof a number of Asian nations thatwere colonised by England andother European nations. Japan,an Asian nation, hardly facedany resistance from the illegal co-lonial occupiers. That convincedthe Asians that the mighty whites

Fate of otherpurveyors of asuperior race

were no super men nor did theybelong to any superior race. Indue course, almost all the Asianbecame independent.

The concept of ‘apartheid’, intro-duced in South Africa by the Brit-ish, was crushed by the black peo-ple of South Africa, led by NelsonMandela. It took several years ofstruggle and sacrifice by the Afri-can people before the mightywhite occupiers arrived at the in-evitable realisation that they (thewhites) were no superior beings.

Buddha, born a prince, left thepalace; Sri Krishna, born in a cow-shed, lived with the poor; Jesuswashed the feet of his disciples;Prophet Muhammad preachedIslam and reiterated that therewas one and only God; Gandhi,son of a chief minister, led a sim-ple and humble life and fought forthe independence of India withthe weapon of ‘Ahimsa’ (non-vio-lence). They preached to all thepeople to love each other and tohelp each other. There were manyothers who were great andpreached faith in God.

In conclusion, I wish to empha-sise that there is only One Godand we are all born equal. WhileIslamic teaching is specific thatthere is no race superior to another,no other traditional religions im-poses superiority on any of theirfollowers.

As far as Abdul Ghani Othman isconcerned, he is the Chief Minis-ter of a few million people in astate; hence it is neither desirablenor becoming of him to treat hispeople with discrimination. Inany case, he is a Muslim and isduty bound to submit to all theteachings of his religion.

Zakaria: Instant millionaire?Zakaria: Instant millionaire?Zakaria: Instant millionaire?Zakaria: Instant millionaire?Zakaria: Instant millionaire?

q


dvancements in infor-mation and communica-tions technology (ICT) -particularly the conver-

gence of media, information tech-nology and telecommunications -offer hope for many people. Thisis especially true for those whoperceive themselves as beingmarginalised by the powers-that-be and spurned by the mainstreammedia. This development in tech-nology is generally seen as hav-ing an important potential in pro-moting freedom of expression,media freedom and the further de-mocratisation of society.

To be sure, sceptics have cau-tioned that the liberating poten-tial of ICT is often riddled withproblems and challenges posedby political and economic forcesin society that jealously guard andpromote their own vested interests.All the same, many ICT users, es-pecially those who use theInternet, feel that despite certainsetbacks to freedom of expressionon the web, the technological ad-vancement we have experienceddoes open the door much wider.

In Malaysia, the Internet initiallysurged in popularity at the end of1998 with the emergence of theReformasi movement, sparked bythe unceremonious dismissal of

the then deputy premier AnwarIbrahim. Social and political ac-tivists then set up hundreds ofwebsites to provide alternativeinformation and views especiallyfor those who were suspicious ofthe credibility of the mainstreammedia. Although many of thesewebsites have become defunctover the years, a few of them per-sist and many more new sites andblogs have mushroomed to pro-vide alternative information andopinions about current issues andproblems in Malaysian society.

In recognition of the importantrole played by some of thesewebsites and blogs in Malaysia,Charter 2000-Aliran, with thesupport of the Southeast AsianPress Alliance (Seapa), held a ‘Na-tional Roundtable on InternetMedia in Malaysia: Problems andProspects’ in Penang on 9 Decem-ber 2006.

The aim of the roundtable was togather a selected group of actorsinvolved in alternative communi-cation and to discuss issues andchallenges that confront themsuch as the technical problems ofmanaging blogs and websites andthe government’s proposal to setup a media council. Participants

were also expected to assess theextent to which the Internet pro-motes freedom of expression andempowerment for groups and in-dividuals who had beenmarginalised by the authoritiesand the mainstream media. It wasalso hoped that the event wouldforge a network for future coop-eration not only among Internetmedia practitioners but also withcivil society groups, which havelimited access to the mainstreammedia.

The 24 participants at theroundtable comprised bloggers,website editors and activists fromcivil society groups that have

MEDIA

Blogging for changeBloggers, webmasters and civil society activists came togetherto discuss the challenges and problems they face

by Mustafa K Anuar

AAAAA

A unique event


websites of their own. The meet-ing provided an opportunity for afew established bloggers to meetup with several new entrants tothe blogging world and allowedthe former to share their experi-ences with the latter. Participantswere also able to share their un-certainties and their trials andtribulations of running blogs andwebsites. Participants at theroundtable were involved in arange of issues such as education,disabled people, women, humanrights, media freedom, trade un-ion activism, science, politics, eco-nomics, and culture to religion.

One of the concerns that wasraised in the meeting was whetherblogging was indeed a virtual anddemocratic space where con-cerned citizens could expresstheir opinions on important pub-lic issues. Or was it merely a plat-form for a person to express verypersonal opinions that matteredless to others in society? In re-sponse, one of the participant nar-rated a story of a young couplewhose blogs started off as an in-nocuously romantic exchange butlater blossomed into something‘political’ when both of them en-countered problems with the au-thorities over a certain matter.Their political awareness was fur-ther enhanced with responsesfrom others to their regular jottingson the Net.

Blogs are useful even if they arepurely personal, but there is al-ways a possibility that they couldbecome more ‘political’. Even themost ordinary things, a partici-pant observed, like an advertise-ment for the sale of a car video in-volved making a public an-

nouncement on the Internet. Theparticipant went on to say thatmost people are unaware of in-fringements of the right to free ex-pression until they personal ex-perience the violation of theirown right to free speech. Directdenial of this human right createsawareness of its existence. Thereis indeed a need to connect per-sonal experience with the humanrights discourse.

It was generally felt that theInternet does provide space forinformation and views that aredeliberately pushed aside by themainstream media particularly inMalaysia. The Internet mediacould also provide a space for thepromotion of human dignity overthe values of corporate profit-maximisation prevalent in themainstream media. It was felt thatInternet media have a social re-sponsibility to identify the realcauses of and solutions to socio-economic and political problems.

An activist from an NGO thatadvocates a ban on the pesticideparaquat stated that the Internetis a useful means for human rightsadvocacy. The civil society cam-paign to achieve reinstatement ofthe ban on paraquat, we were told,was a human rights issue thatturned political. The government,she insisted, had been influencedby interests of the agrichemicalmultinational corporations,which led to the lifting of the ban.

Many participants were also con-cerned about the credibility of theInternet media run by someMalaysians. They felt that thereought to be certain ground rules

to ensure that the freedom thatNetizens are now enjoying willnot be abused to the extent thatthe credibility and image of thevirtual community as a whole issmeared. At the very least, suchdos and don’ts could put themapart from other websites andblogs that are intentionally racy,malicious, pornographic, unac-countable, and undemocratic.

Apart from showing the way to‘popularise’ one’s blog throughlinks to more established andpopular blogs, one participantwho is an established bloggergave pointers on how to createand maintain credibility. Blogshave to be regularly updated to en-sure visibility, freshness of con-tent and capture the interest ofvisitors. The experienced bloggeralso cautioned other bloggers toexercise care and concern whenmanaging comments by visitors.A blogger should also carry outresearch especially if and whenshe decides to comment on a po-litically contentious issue.

Given the stifling and restrictivepolitical and legal structures inthe country, which constrain free-dom of the media and of expres-sion, participants stressed the im-portance of maintaining a sub-stantial degree of credibility intheir blogs and websites. Thiswould not only enhance theirpublic standing but also keepaway any possible unnecessaryinterference by the authorities.Mindful of the situation, partici-pants also felt that cooperationamong themselves would be vitaland useful in their collective pur-suit of social justice, freedom ofinformation and communication,and further democratisation ofMalaysian society.

Democratic space?

E n h a n c i n gc r e d i b i l i t y

q


ACCOUNTABILITY

An IndispensablePart of Police Reform

Independent Police Complaints and Misconduct Commission:

BackgroundBackgroundBackgroundBackgroundBackground

The Royal Commission to En-hance the Operation and Man-agement of the RoyalMalaysian Police (Police Com-mission) was set up by theYang di-Pertuan Agong on 4February 2004. The establish-ment of the Police Commissionwas seen as Prime MinisterAbdullah Ahmad Badawi’spositive response to public con-cerns over reports of humanrights violations, abuse ofpower, corruption and ineffec-tive or unresponsive workpractices that have affected theimage of PDRM. In announc-ing the formation of the PoliceCommission, the Prime Minis-ter said:

“ … the Royal Malaysia Police, asa team that engages with the pub-lic, has to be knowledgeable abouthuman rights in the discharge of

“People realise that the police are an institution with very strongpowers, which can deprive us of our freedom, and use force againstthe people. But such strong powers should be controlled stronglyas well”

- Cees Hindriks, Amnesty International (AI)- Cees Hindriks, Amnesty International (AI)- Cees Hindriks, Amnesty International (AI)- Cees Hindriks, Amnesty International (AI)- Cees Hindriks, Amnesty International (AI)Police Network representative and former Senior Police Officer of 30 years’ experiencePolice Network representative and former Senior Police Officer of 30 years’ experiencePolice Network representative and former Senior Police Officer of 30 years’ experiencePolice Network representative and former Senior Police Officer of 30 years’ experiencePolice Network representative and former Senior Police Officer of 30 years’ experience

duties and in dealingwith the public. Issuessuch as police violence,unsatisfactory service,corruption and othernegative issues must beeradicated.”

After a thorough andintensive study last-ing over 15 months,the Police Commis-sion made 125 recom-mendations dealingwith issues rangingfrom the conduct ofpolice to their wel-fare and terms ofservice as well as onhuman rights, crimeand corruption.

One of these recommendationsis the formation of an Inde-pendent Police Complaints andMisconduct Commission(IPCMC).

This write-up aims to explainthe concept of the IPCMC, andwhy the setting up of theIPCMC is an essentialessentialessentialessentialessential part ofthe much-needed police re-forms this country needs.


1 .1 .1 .1 .1 . At present, what happensAt present, what happensAt present, what happensAt present, what happensAt present, what happenswhen there is an allegation ofwhen there is an allegation ofwhen there is an allegation ofwhen there is an allegation ofwhen there is an allegation ofpolice misconduct?police misconduct?police misconduct?police misconduct?police misconduct?

• At present, when a police of-ficer abuses his authority, theonly recourse that a person hasis to make a police report or tolodge a complaint with the Po-lice Disciplinary Board(Bahagian Tatatertib). In bothscenarios, the police are reliedupon to investigate them-selves!

• In many instances, no one getsback to the complainant, thereis little follow up, and the pub-lic is made to believe that noaction is taken.

• The present situation is highlyunsatisfactory.

2.2.2.2.2. What is IPCMC?What is IPCMC?What is IPCMC?What is IPCMC?What is IPCMC?

• The IPCMC is an independ-independ-independ-independ-independ-ent, external oversight bodyent, external oversight bodyent, external oversight bodyent, external oversight bodyent, external oversight body,whose principal function is toreceive and investigate com-plaints about the PDRM andits personnel.

• The IPCMC will drasticallychange the present situation.It will make PDRM much moreaccountable and will help re-store and sustain public confi-

dence in PDRM.

3 .3 .3 .3 .3 . Who will sit on the IPCMC?Who will sit on the IPCMC?Who will sit on the IPCMC?Who will sit on the IPCMC?Who will sit on the IPCMC?

• The IPCMC will be made up ofseven Commissioners ap-pointed by the Yang di-PertuanAgong, on the advice of thePrime Minister, for a three-yearterm.

• The IPCMC is expected to (gen-erally) conduct public hear-ings. It will be accountable toParliament.

4.4.4.4.4. What kind of issues can theWhat kind of issues can theWhat kind of issues can theWhat kind of issues can theWhat kind of issues can theIPCMC address?IPCMC address?IPCMC address?IPCMC address?IPCMC address?

• The IPCMC will be empow-ered to investigate police cor-ruption, the commission ofcriminal offences by the police,and other misconduct.

• The IPCMC can investigate the

actions of a police officer evenif he or she is not on duty oroutside the country.

5 .5 .5 .5 .5 . When will the IPCMC beginWhen will the IPCMC beginWhen will the IPCMC beginWhen will the IPCMC beginWhen will the IPCMC beginan investigation, and will thean investigation, and will thean investigation, and will thean investigation, and will thean investigation, and will theinvestigation be affected byinvestigation be affected byinvestigation be affected byinvestigation be affected byinvestigation be affected byproceedings in court?proceedings in court?proceedings in court?proceedings in court?proceedings in court?

• The IPCMC can commence aninvestigation based on a com-plaint or on its own initiative

• Unlike Suhakam, the IPCMCcan commence or continue aninvestigation even if there is aproceeding going on in court

6.6.6.6.6. What kind of action can theWhat kind of action can theWhat kind of action can theWhat kind of action can theWhat kind of action can theIPCMC take?IPCMC take?IPCMC take?IPCMC take?IPCMC take?

• The IPCMC can recommendthat a police officer foundguilty of misconduct be repri-manded, deprived of one or

“... the worst thing of all is to have anirresponsible police force, and the nextworst is to have one that is responsibleonly to the executive ...”

- Lord Devlin- Lord Devlin- Lord Devlin- Lord Devlin- Lord Devlin


more good conduct badges,demoted, fined, denied an in-crement, transferred or dis-missed.

• The IPCMC may also refer itsfindings to its Chief LegalCounsel to take legal proceed-ings in court against the errantpolice officer.

7.7.7.7.7. Will the IPCMC have powerWill the IPCMC have powerWill the IPCMC have powerWill the IPCMC have powerWill the IPCMC have powerto ensure police cooperationto ensure police cooperationto ensure police cooperationto ensure police cooperationto ensure police cooperationin its investigations?in its investigations?in its investigations?in its investigations?in its investigations?

• The IPCMC will have broadpowers to obtain documents,issue search warrants, andsummon witnesses.

• Any person who fails to attendwhen summoned or gives evi-dence which is false orwillfully destroys evidence orthreatens a witness or pre-vents a witness from attendingan inquiry commits an offenceand can, upon conviction, befined up to RM10,000 and/orimprisoned for up to two years.

8.8.8.8.8. Will the IPCMC weaken theWill the IPCMC weaken theWill the IPCMC weaken theWill the IPCMC weaken theWill the IPCMC weaken thepolice force?police force?police force?police force?police force?

• No. On the contrary, it willstrengthen the force. Having anindependent and externalmechanism that allows greaterscrutiny of police conduct canonly result in members of thePDRM developing better

standards of conduct and agreater regard for the rights ofpersons under their control

• The IPCMC will not weakenthe PDRM but would make thepolice force more responsible,professional, and accountableto the public for their actionsand will ensure that policepersonnel abide by the law

9.9.9.9.9. We already have the PDRM’sWe already have the PDRM’sWe already have the PDRM’sWe already have the PDRM’sWe already have the PDRM’sDisciplinary Board, the ACA,Disciplinary Board, the ACA,Disciplinary Board, the ACA,Disciplinary Board, the ACA,Disciplinary Board, the ACA,the Public Complaints Bureauthe Public Complaints Bureauthe Public Complaints Bureauthe Public Complaints Bureauthe Public Complaints Bureauand Suhakam. Do we needand Suhakam. Do we needand Suhakam. Do we needand Suhakam. Do we needand Suhakam. Do we needanother body to monitor theanother body to monitor theanother body to monitor theanother body to monitor theanother body to monitor thepolice?police?police?police?police?

• The Disciplinary Board of thePDRM does investigate anddiscipline members of the force.But it remains an internalmechanism, whose function-ing is not transparent or opento public scrutiny. This inter-nal mechanism has failed tomeet public expectations overthe years. Self-policing hasproved ineffective all over theworld, and Malaysia is no ex-ception.

• The role of the ACA is re-stricted to instances involvingcorruption while the PublicComplaints Bureau only dealswith bureaucratic matters.There is a large area of miscon-duct that falls outside the am-bit of these bodies.

• Suhakam is not given any en-forcement capability. It canonly make recommendations.Moreover, most of its recom-mendations have not beenadopted.

• None of these mechanismscomes anywhere near to hav-

“ It (IPCMC) will mark a quantum stepforward in enhancing accountability andhelp restore and sustain the confidenceof the people and the private sector inPDRM”

- Police Commission’s Report- Police Commission’s Report- Police Commission’s Report- Police Commission’s Report- Police Commission’s Report


ing the power and jurisdictionof the IPCMC. Reforms cannotbe achieved by insisting on theold ways that have obviouslyfailed to prevent the problemsthat we are currently facing.

10 .1 0 .1 0 .1 0 .1 0 .Will the formation of theWill the formation of theWill the formation of theWill the formation of theWill the formation of theIPCMC mean that we have noIPCMC mean that we have noIPCMC mean that we have noIPCMC mean that we have noIPCMC mean that we have noappreciation for the valuableappreciation for the valuableappreciation for the valuableappreciation for the valuableappreciation for the valuableservices performed by the Po-services performed by the Po-services performed by the Po-services performed by the Po-services performed by the Po-lice?lice?lice?lice?lice?

• Far from it. We appreciate theimportant role played by thepolice in society. If such appre-ciation has waned over theyears, it is precisely because ofincidents of police misconductthat went unchecked in the

past. Having the IPCMC willresult in a more transparentand much better police force,which will in turn receivemuch greater appreciationfrom the public than at present.

1 1 .1 1 .1 1 .1 1 .1 1 .What about having an Om-What about having an Om-What about having an Om-What about having an Om-What about having an Om-budsman to deal with not justbudsman to deal with not justbudsman to deal with not justbudsman to deal with not justbudsman to deal with not justthe police but all other govern-the police but all other govern-the police but all other govern-the police but all other govern-the police but all other govern-ment agencies as well?ment agencies as well?ment agencies as well?ment agencies as well?ment agencies as well?

• The idea of eventually havingan ombudsman (or several dif-ferent ombudsmen) to addressand investigate complaintsagainst all enforcement agen-cies and other government de-partments is most welcome.However, bringing forth an

idea worth considering (andwhich requires time for consid-eration) does not and must notbecome an excuse to abandonor delay another excellent pro-posal that has already beencarefully studied and crafted.Details of the IPCMC have al-ready been thought-out andproposed in a draft Bill pre-pared by the Police Commis-sion and submitted manymonths ago. The draft Bill onlyneeds a little fine-tuning,which can be quickly doneand implemented

1 2 .1 2 .1 2 .1 2 .1 2 .What can I do as a citizen?What can I do as a citizen?What can I do as a citizen?What can I do as a citizen?What can I do as a citizen?

• Show your support for theIPCMC, by signing the petitionprepared by the Bar Council.You may obtain copies of thepetition from the Secretariat(see details below, and contactRajen or Mohd. Rezib). Youcan help collect signatures insupport of the IPCMC fromyour family members, friendsand organisations

• Obtain copies of this pamphletfrom the Secretariat, and helpdisseminate informationabout the IPCMC

• Speak or write to your membersof parliament to ask them tosupport the IPCMC. Take partin forums and discussions onthe IPCMC

• As a citizen, your voice counts.Make your voice heard so thata mechanism that is essentialto police reform will be put inplace

The above is from a pam-The above is from a pam-The above is from a pam-The above is from a pam-The above is from a pam-phlet prepared by thephlet prepared by thephlet prepared by thephlet prepared by thephlet prepared by theIPCMC Coalition andIPCMC Coalition andIPCMC Coalition andIPCMC Coalition andIPCMC Coalition andPrinted and published by thePrinted and published by thePrinted and published by thePrinted and published by thePrinted and published by theBar Council Malaysia.Bar Council Malaysia.Bar Council Malaysia.Bar Council Malaysia.Bar Council Malaysia.

q


Some of the government depart-ments, as we can see, are still turn-ing a deaf ear to our Prime Minis-ter’s call to cut red tape and im-prove the public delivery system.It appears that his advice has goneunheeded and it will soon be for-gotten over time as they prefer tofall back on their old ways.

A case in point is the AmanahRaya Berhad’s (formerly knownas Public Trustee) attitude whendealing with the estate of the de-ceased on behalf of the beneficiar-ies.

My aunt died on 8 August 2000and her estate is being handledby Amanah Raya Berhad (ARB)from the Wilayah Persekutuanbranch in Kuala Lumpur (file:ARB (WP) 2000 646) since 13 Sep-tember 2000. Now more than sixyears have gone by with no endin sight despite pleas by benefici-aries to expedite the case.

Well, it is a crying shame that ARBis still going at a snail’s pace.During this period no less than 6managers who handled the samefile have come and gone withoutany significant result.

ARB was supposed to submit thestatement of account for year2004. But — believe it or not —

this agency has yet to deliver thisreport to the beneficiaries!

Judging by the speed ARB is mov-ing, it comes as no surprise at all,that one beneficiary has passedaway while the rest with their agesranging from 70 to 94 years maybe on the waiting list.

The question is how much timedoes ARB need to get the job done?In fact we are at our wits end.

It is high time for the ExecutiveDirector from ARB Headquartersin Kuala Lumpur to look into thisshoddy state of affairs. It urgentlyneeds an overhaul before the pub-lic lose their trust in the PublicTrustee. The ARB is an incompe-tent and inefficient body that doesnot justify its existence!

Tunku Yusuf JewaKota Bharu

Mr. Ramakrishnan and Mr. KhooBoo Teik are to be congratulatedon their articles on the views ex-pressed by some UMNO membersin recent meetings (AM Vol. 26:10).

Edmund Burke said: “All that isnecessary for the forces of evil towin the world is that enoughgood men do nothing”.

Unless all races and creeds are

regarded with respect and treatedfairly the future will be bleak. In amulti-racial, multi-credal society,peace and harmony are vital if weare not to see the strife and miserywhich exists in so many countriestoday.

Peter MooneyKuala Lumpur

Our political masters should con-sider seriously the view aired bythe writer in his article entitledMalaysia — US FTA negotiations hitturbulence. (Aliran Monthly 2006Vol. 26 No. 9). I agree absolutelythat the FTA when it becomes areality will affect us adversely, inparticular the padi farmers of thenorthern states. We will experi-ence turbulence of a kind thatbreaks up the “tailwing” in anosedive.

Just take the example of Thailandwho signed an FTA with Aus-tralia. The latter whose vegetablefarmers are heavily subsidised,we are told, is almost in completecontrol of the vegetable market inThailand. This forced the Thaifarmers to close shop and de-prived them of their livelihood.This is a classic case of the gov-ernment refusing to listen to thepeople’s views and arrogantly en-tering into the FTA without first

Letters must not exceed 250 words and must include thewriter's name and address. Pseudonyms may be used. Sendletters or emails to Editor (see page 3 for address details).Views expressed need not reflect those of Aliran. If e-mailing,include message in the e-mail body itself.

Amanah RayaBerhad ’ s Sna i lPace Service

Bleak future,unless ....

L e t ’ s n o t b etaken for a ride


knowing what it entails.

Didn’t we Malaysians knowenough of the US prevailing atti-tude that treats developing coun-tries like ours, as a dumpingground for their arms andammunitions as well as theirmedicine? Why are we so daft?Are we still receptive to their ne-farious and manipulative ways tosubmit ourselves as a dumpingground for their products? If wedo not give much thought to theirever-hegemonic mentality, itwould mean that we are deliber-ately putting ourselves at the deepend of the pool. Who’s to blame?

Please Malaysia, we urge you notto fall into the same hole twice.

Dato Hishamuddin binHaji Yahaya

On 20 October 2006, the KoperasiCuepacs Berhad sent a documentto my home address throughPoslaju.

On 21 October 2006, a Poslaju vanstopped in front of my house andhonked four times during the 7minutes they were there — from11.11 am to 11.18 am (as stated intheir Pos PL 14). A man got outfrom the van, threw in a long slipof yellow paper into my letter boxand got back into the van in light-ning speed — true to the word laju.

The whole incident was wit-nessed by my neighbour, withinthree or four minutes. My neigh-bour is prepared to bear testimonyto this fact!

My house maid picked up theform POS PL 14 from my post boxon being told by the neighbour.The box next to words: Penerimatiada di rumah/Pejabat in the FormPOSPL 14 was ticked, indicatingthat the recipient was not in thewhole day. This was a lie.Through out the day, I and othersin the household were in thehouse.

Had the Poslaju employee both-ered to press the door bell that wasprominently located above thePost Box with the words “PRESSHERE”, someone could have defi-nitely taken delivery of the docu-ment.

On a number of occasions in thepast I had to go all the way to PlazaKasturi about five miles from myresidence to pick up Poslaju mail.On this latest occasion a docu-ment posted on 20 October 2006through Poslaju reached on 26October 2006 — 6 days later inspite of boasting of fast delivery.Poslaju is indeed Pos Lewat. Eventhis delivery was made after sev-eral phone calls to Plaza Kasturi.Poslaju is a mismoner. It wouldbe more appropriate to changePoslaju to Pos Lewat.

Before the privatisation of thepostal service, we used to receive“Express Mail” even at night de-livered to us by postman ridingmotorbikes. The privatisation ofthe postal service has brought inits stride profit maximization forthe few who own the enterpriseand gross inefficiency, causinghardship to the rakyat.

I wonder if the postal employeesare given any training? The train-ing should start with teachingthem to ring the door bell instead

of driving around horning to addto the noise pollution. It is printedin POS PL 14: “Poslaju - NationalCourier”. That claim is meaning-less. It is more a National Shame.

N. S. WigneswaranCheras

Did anyone read about the RM200million discrepancies in the ac-counts of Syarikat Takaful Malay-sia? Hopefully it will be found andsoon explained.

Maybe they should have paid abit more attention to the impact ontheir business of issues like thisinstead of worrying too much andwasting their time in ponderingover whether greeting non-Mus-lims on festive occasions washaram or not.

It just goes to show doesn’t it?

AmusedKuala Lumpur

Hard on the heels of the computerchips theft in Penang, comes an-other highway robbery! This timecommitted by our own “corporateah-longs”. The taxpayer dutifullypays his road-tax (the governmentgets the money), pays the toll (thetoll company gets the money). Andwe all know that toll collection isvery profitable. Yet, the agreementstates that the toll must be in-creased every few years or else thegovernment would have to paycompensation (in this case up toRM 2 million). What kind of agree-ment is this, if not highway rob-

Poslaju is indeedP o s l e w a t

(Ref: Poslaju No: ED 256885507)(Ref: Poslaju No: ED 256885507)(Ref: Poslaju No: ED 256885507)(Ref: Poslaju No: ED 256885507)(Ref: Poslaju No: ED 256885507)

Don’ t was te t imeon trivia

Highway Robbery!


bery? However one looks at it, theconsumers, we, are the big losers.This is Robin Hood reversed - robfrom the poor and give to the rich!

Wake up! Read what otherMalaysians are saying and findout the background. Refuse to beintimidated by unjust and unethi-cal legislation. “An unjust law isno law at all”, said St Augustine,providing the foundation of civildisobedience movements acrossthe globe. Martin Luther King ar-ticulated this view in his Letterfrom Birmingham Jail: “One hasa moral responsibility to disobeyunjust laws.”

So influence others. Disseminateinformation. Apply pressure.Write to your elected representa-tives, media. Protest. Sacrifice. Usealternative roads. Enjoy the scen-ery!

JudePenang

Why is only Zakaria being hauledup for building a mansion? Whatabout the officers who are sup-posed to enforce the law? Thisthing of not taking action againstthese little emperors is happeningall over the country, but nothingis being done about it. Yes, nowthere is this hue and cry about thisZakaria person. Just give it an-other three to four months or ahigh profile murder case whichinvolve money, sex and an impor-tant person and people will say ‘’Zakaria who?’’ Then all will beforgotten.

I don,t expect the powers-that-be to take any action because, bydoing so, they have to admit thatthey are wrong in appointinglocal councillors from BN com-ponent parties. The only way toget out of this rut is to hold local

council elections.

Lionel PereraPort Dickson

At long last Dr. M has admittedthat Proton needs to dump its en-tire management. Taking comfortin the old adage, “Better late thannever,” the recommendationshould be taken a step further. Allof Proton should be sold. The pur-chasers must agree to ship out thewhole assembly plant to someother egomaniacally ruled statewhere it can happily continue tobe a tool of bullying and oppres-sion of the local populace withdysfunctional cars while makingrich pickings for leaders and cro-nies.

The proceeds from the sale shouldfirst of all be used to compensateevery citizen who bought a Pro-

P r o t o n :A colossal failure

Zakaria scandal:What about the

enforcement officers?


of quality of life and social justice.One tell-tale of low quality is thehigh portion of residents choos-ing to migrate. The second quoteis a self-serving fantasy with nobasis in reality. In some of thecountries mentioned, systemicracism has been entrenched in thehollow guise of meritocracy to thepoint of excluding minority racesof fair opportunities. The writerhas parroted a piece of politicalpropaganda that those in eternalpower repeat ad nauseum.

It remains a fact that Malaysiawith her serious flaws and hon-est admission of race favouritismoffers other races greater access toopportunities. When criticalthinking is avoided based on ra-cial self-righteousness the conse-quences can be disastrous.

JCTKuala Lumpur

Again and again we hear the ex-cesses of Rela and Religious Deptmembers when they are carryingout their duties. It is quite a ridicu-lous state of affairs when the po-lice, who are trained for this sortof thing and have years of train-ing and appreciation of the law,are required to produce warrantsbefore they can enter premises butRela and religious officers, whoare part timers (Rela) and maybenot fully trained in the require-ments of the law, are given free ahand in breaking down doors andso on. It is time all enforcementactivities as far as enteringpremises are only carried out bythe police or with police presence.

Loose CannonsKuala Lumpur

ton with a full refund of his pur-chase price, upon him deliveringhis car to the nearest scrap yard.

Then a dedicated team of forensicaccountants and lawyers shouldpour through all the agreementsProton ever signed with her prin-cipals, suppliers and collabora-tors to sniff out every irregularityand identify the parties whofleeced Proton (read: Malaysiantaxpayer!)

They or their estates should thenbe sued for the return of all moneyand assets acquired as a result ofthese agreements. Should there beany criminal element, the partiesshould be brought to book andthereafter booked for long stays inHis Majesty’s prison with regimeslike Kamunting Detention Centre.Severe as these proposals appear,they should blow like a terrifyingbreeze through the minds thatplanned this legal heist of na-tional funds and fed fat on themisery of Proton car buyers andMalaysian taxpayers.

The performance benchmarks forgovernment-linked companies isso laughable that no GLC will eversurvive on a level playing field.

Proton was once hailed the moverand shaker of Malaysia’s indus-trialisation. Instead Proton hasbled billions of taxpayers’ ringgitand there is simply not a shred ofhope that she will ever graduateas a car-maker. So far Proton’sbusiness has been little more thancobbling together badly madeparts with shoddy workmanship.

Whichever way you look at it Pro-ton was a colossal failure, eco-nomically, planning-wise and inexecution. The project is riddled

with civil servant thinking in anindustry that is viciously competi-tive.

Need we wait till another billionringgit is poured down the drain(read: funnelled into crony pock-ets) before we decide to close Pro-ton down forever.

Proton is like a woman in the mar-riage market with the most eligi-ble suitors not even giving her asecond look. She has either to pret-tify herself (something she hasshown she is incapable of doingin 20 years) or get out of the mar-ket and allow Malaysians to en-joy the real benefits of the worldcar market; competition-inducedlower priced marques.

Sentimentality over the Protonbrand is costing our nation moneywe really can ill-afford to lose.

RJ NoelKuching

I refer to Koon Yew Yin’s ‘What iswrong with the NEP?’ (Vol.26No.9). He states, “After 36 years,the GDP/capita for Singapore,Hong Kong, Taiwan and SouthKorea are 3, 3.2, 2.5 and 2 timesrespectively that of ours.” And de-clares of them, “Without the needto marginalise anyone, they canfreely practice meritocracy to im-prove competitiveness and effi-ciency.” These statements deservedebate.

Firstly, there is a need to look atcountries beyond the single di-mension of money. GDP is widelyacknowledged as a poor measure

Powerful part-timersGDP poor measure

of quality of life,social justice


Radio Havana Cuba InterviewRadio Havana Cuba InterviewRadio Havana Cuba InterviewRadio Havana Cuba InterviewRadio Havana Cuba Interview(7 March 2006)(7 March 2006)(7 March 2006)(7 March 2006)(7 March 2006)

Bernie Dwyer: I am reminded ofBernie Dwyer: I am reminded ofBernie Dwyer: I am reminded ofBernie Dwyer: I am reminded ofBernie Dwyer: I am reminded ofa great Irish song called “Thea great Irish song called “Thea great Irish song called “Thea great Irish song called “Thea great Irish song called “TheWest’s Awake” written by Tho-West’s Awake” written by Tho-West’s Awake” written by Tho-West’s Awake” written by Tho-West’s Awake” written by Tho-mas Davis in remembrance ofmas Davis in remembrance ofmas Davis in remembrance ofmas Davis in remembrance ofmas Davis in remembrance ofthe Fenian Uprising of 1798. It isthe Fenian Uprising of 1798. It isthe Fenian Uprising of 1798. It isthe Fenian Uprising of 1798. It isthe Fenian Uprising of 1798. It isabout the west of Ireland asleepabout the west of Ireland asleepabout the west of Ireland asleepabout the west of Ireland asleepabout the west of Ireland asleepunder British rule for hundredsunder British rule for hundredsunder British rule for hundredsunder British rule for hundredsunder British rule for hundredsof years and how it awoke fromof years and how it awoke fromof years and how it awoke fromof years and how it awoke fromof years and how it awoke fromits slumbers and rose up againstits slumbers and rose up againstits slumbers and rose up againstits slumbers and rose up againstits slumbers and rose up againstthe oppressor. Could we begin tothe oppressor. Could we begin tothe oppressor. Could we begin tothe oppressor. Could we begin tothe oppressor. Could we begin tohope now that the South ishope now that the South ishope now that the South ishope now that the South ishope now that the South isawake?awake?awake?awake?awake?

Noam ChomskyNoam ChomskyNoam ChomskyNoam ChomskyNoam Chomsky: What’s happen-ing is something completely newin the history of the hemisphere.Since the Spanish conquest thecountries of Latin America havebeen pretty much separated fromone another and oriented towardthe imperial power. There are alsovery sharp splits between the tinywealthy elite and the huge suffer-ing population. The elites senttheir capital, took their trips, hadtheir second homes, sent their chil-dren to study in whatever Euro-pean country their country wasclosely connected with. I mean,even their transportation systemswere oriented toward the outsidefor export of resources and so on.

For the first time, they are begin-ning to integrate and in quite a few

different ways. Venezuela andCuba is one case. Mercosur, whichis still not functioning very much,is another case. Venezuela, ofcourse, just joined Mercosur,which is a big step forward for itand it was greatly welcomed bythe presidents of Argentina, Bra-zil.

For the first time the Indian popu-lation is becoming politicallyquite active. They just won an elec-tion in Bolivia which is pretty re-markable. There is a huge Indianpopulation in Ecuador, even inPeru, and some of them are call-ing for an Indian nation. Nowthey want to control their own re-sources. In fact, many don’t evenwant their resources developed.Many don’t see any particularpoint in having their culture andlifestyle destroyed so that peoplecan sit in traffic jams in New York.

Furthermore, they are beginningto throw out the IMF. In the past,the US could prevent unwelcomedevelopments such as independ-ence in Latin America, by violence;supporting military coups, sub-version, invasion and so on. Thatdoesn’t work so well any more.The last time they tried in 2002 inVenezuela, the US had to backdown because of enormous pro-tests from Latin America, and of

course the coup was overthrownfrom within. That’s very new.

If the United States loses the eco-nomic weapons of control, it isvery much weakened. Argentinais just essentially ridding itself ofthe IMF, as they say. They arepaying off the debts to the IMF.The IMF rules that they followedhad totally disastrous effects.They are being helped in that byVenezuela, which is buying uppart of the Argentine debt.

Bolivia will probably do the same.Bolivia has had 25 years of rigor-ous adherence to IMF rules. Percapita income now is less than itwas 25 years ago. They want toget rid of it. The other countriesare doing the same. The IMF is

INTERNATIONAL

Latin America challengesneo-liberal orderNoam Chomsky Interviewed by Bernie Dwyer


essentially the US Treasury De-partment. It is the economicweapon that is alongside the mili-tary weapon for maintaining con-trol. That’s being dismantled.

All of this is happening againstthe background of very substan-tial popular movements, which, tothe extent that they existed in thepast, were crushed by violence,state terror, Operation Condor,one monstrosity after another.That weapon is no longer avail-able.

Furthermore, there is South-Southintegration going on, so Brazil,and South Africa and India areestablishing relations.

And again, the forces below thesurface in pressing all of this areinternational popular organisa-tions of a kind that never existedbefore; the ones that meet annu-ally in the world social forums. Bynow several world social forumshave spawned lots of regionalones; there’s one right here in Bos-ton and many other places. Theseare very powerful mass move-ments of a kind without any prec-edent in history: the first real in-ternationals. Everyone’s alwaystalked about internationals on theleft but there’s never been one.This is the beginning of one.

These developments are ex-tremely significant. For US plan-ners, they are a nightmare. I mean,the Monroe Doctrine is about 180years old now, and the US wasn’tpowerful enough to implement ituntil after the 2nd World War,except for the nearby region. Afterthe Second World War it was ableto kick out the British and theFrench and implement it, but now

it is collapsing. These countriesare also diversifying their interna-tional relations including com-mercial relations. So there’s a lotof export to China, and acceptingof investment from China. That’sparticularly true of Venezuela, butalso the other big exporters likeBrazil and Chile. And China iseager to gain access to other re-sources of Latin America.

Unlike Europe, China can’t be in-timidated. Europe backs down ifthe United States looks at it thewrong way. But China, they’vebeen there for 3,000 years and arepaying no attention to the barbar-ians and don’t see any need to.The United States is afraid ofChina; it is not a military threat toanyone; and is the least aggres-sive of all the major military pow-ers. But it’s not easy to intimidateit. In fact, you can’t intimidate itat all. So China’s interactions withLatin America are frightening theUnited States. Latin America isalso improving economic interac-tions with Europe. China and Eu-rope now are each other largesttrading partners, or pretty close toit.

These developments are erodingthe means of domination of the USworld system. And the US is prettynaturally playing its strong cardwhich is military and in militaryforce the US is supreme. Militaryexpenditures in the US are abouthalf of the total world expendi-tures, technologically much moreadvanced. In Latin America, justkeeping to that, the number of theUS military personnel is probablyhigher than it ever was during theCold War. There is sharply in-creasing training of Latin Ameri-can officers.

The training of military officershas been shifted from the StateDepartment to the Pentagon,which is not insignificant. TheState department is under someweak congressional supervision.I mean there is legislation requir-ing human rights conditionalitiesand so on. They are not very muchenforced, but they are at leastthere. And the Pentagon is free todo anything they want. Further-more, the training is shifting tolocal control. So one of the maintargets is what’s called radicalpopulism, we know what thatmeans, and the US is establishingmilitary bases throughout the re-gion.

Bernie Dwyer: It appears, fromBernie Dwyer: It appears, fromBernie Dwyer: It appears, fromBernie Dwyer: It appears, fromBernie Dwyer: It appears, fromwhat you are saying, that the USwhat you are saying, that the USwhat you are saying, that the USwhat you are saying, that the USwhat you are saying, that the USis losing the ideological war andis losing the ideological war andis losing the ideological war andis losing the ideological war andis losing the ideological war andcompensating by upping theircompensating by upping theircompensating by upping theircompensating by upping theircompensating by upping theirmilitary presence in the region.military presence in the region.military presence in the region.military presence in the region.military presence in the region.Would you see Cuba as being aWould you see Cuba as being aWould you see Cuba as being aWould you see Cuba as being aWould you see Cuba as being akey player in encouraging andkey player in encouraging andkey player in encouraging andkey player in encouraging andkey player in encouraging andperhaps influencing what’s com-perhaps influencing what’s com-perhaps influencing what’s com-perhaps influencing what’s com-perhaps influencing what’s com-ing out Latin America right now?ing out Latin America right now?ing out Latin America right now?ing out Latin America right now?ing out Latin America right now?

Noam Chomsky:Noam Chomsky:Noam Chomsky:Noam Chomsky:Noam Chomsky: Fidel Castro,whatever people may think ofhim, is a hero in Latin America,

Castro: A hero in Latin AmericaCastro: A hero in Latin AmericaCastro: A hero in Latin AmericaCastro: A hero in Latin AmericaCastro: A hero in Latin America


primarily because he stood up tothe United States. It’s the first timein the history of the hemispherethat anybody stood up to theUnited States. Nobody likes to beunder the jackboot but they maynot be able to do anything aboutit. So for that reason alone, he’s aLatin American hero. Chavez: thesame.

The ideological issue that yourightly bring up is the impact ofneoliberalism. It’s pretty strik-ing over the last twenty-fiveyears, overwhelmingly it’s true,that the countries that have ad-hered to the neo-liberal ruleshave had an economic catastro-phe and the countries thatdidn’t pay any intention to therules grew and developed. EastAsia developed rapidly prettymuch by totally ignoring therules. Chile is claimed as beinga market economy but that’shighly misleading: its main ex-port is a very efficient state-owned copper company nation-alised under Allende. You don’tget correlations like this in eco-nomics very often. Adherenceto the neo-liberal rules has been

associated with economic failureand violation of them with eco-nomic success: it’s very hard tomiss that. Maybe some econo-mists can miss it but peopledon’t: they live it. Yes, there isan uprising against it. Cuba is asymbol. Venezuela is another,Argentina, where they recov-ered from the IMF catastrophe byviolating the rules and sharplyviolating them, and then throw-ing out the IMF. Well, this is theideological issue. The IMF is justa name for the economic weaponof domination, which is eroding

Bernie Dwyer: Why do you thinkBernie Dwyer: Why do you thinkBernie Dwyer: Why do you thinkBernie Dwyer: Why do you thinkBernie Dwyer: Why do you thinkthat this present movement is dif-that this present movement is dif-that this present movement is dif-that this present movement is dif-that this present movement is dif-ferent from the struggle that wentferent from the struggle that wentferent from the struggle that wentferent from the struggle that wentferent from the struggle that wentbefore, in Chile for instancebefore, in Chile for instancebefore, in Chile for instancebefore, in Chile for instancebefore, in Chile for instancewhen they succeeded in over-when they succeeded in over-when they succeeded in over-when they succeeded in over-when they succeeded in over-throwing the military dictator-throwing the military dictator-throwing the military dictator-throwing the military dictator-throwing the military dictator-ship? What gives us more hopeship? What gives us more hopeship? What gives us more hopeship? What gives us more hopeship? What gives us more hopeabout this particular stage of lib-about this particular stage of lib-about this particular stage of lib-about this particular stage of lib-about this particular stage of lib-eration for Latin America?eration for Latin America?eration for Latin America?eration for Latin America?eration for Latin America?

Noam Chomsky:Noam Chomsky:Noam Chomsky:Noam Chomsky:Noam Chomsky: First of all, therewas hope in Latin America in the1960s but it was crushed by vio-lence. Chile was moving on a pathtowards some form of democraticsocialism but we know what hap-pened. That’s the first 9/11 in1973, which was an utter catas-trophe. The dictatorship in Chile,which is a horror story, also led toan economic disaster in Chile,bringing about its worst recessionin its history....

So, for example, I remember trav-elling in Argentina and Chile acouple of years ago and the stand-ard joke in both countries was thatpeople said that they wish theChilean military had been stupidenough to get into a war withFrance or some major power sothey could have been crushed and

discredited and then peoplewould be free the way they werein Argentina, where the militarywas discredited by its military de-feat.

But there has been a slow processin every one of the countries, Ar-gentina, Brazil, Bolivia, all theway through, there’s been a proc-ess of overthrowing the dominantdictatorships - the military dicta-torships - almost always sup-ported, and sometimes instituted,by the United States.

Now they are supporting one an-other and the US cannot resort tothe same policies.

Take Brazil, if Lula had been run-ning in 1963, the US would havedone just what it did whenGoulart was president in 1963.The Kennedy administration justplanned a military dictatorship.A military coup took place andthat got rid of that. And that washappening right through thehemisphere.

Now, there’s much more hope be-cause that cannot be done andthere is also cooperation. There isalso a move towards a degree ofindependence: political, economicand social policies, access to theirown resources, instituting socialchanges of the kind that couldovercome the tremendous internalproblems of Latin America, whichare awful. And a large part of theproblems in Latin America aresimply internal. In Latin America,the wealthy have never had anyresponsibilities. They do whatthey want.

Source: Radio Havana Cuba Interview, zmag.org

Chavez: Latin American heroChavez: Latin American heroChavez: Latin American heroChavez: Latin American heroChavez: Latin American hero


Retrieving the principles of Cuzco, Ayacuchoand Brasilia declarations, our integration modelhas the following as guiding principles:

I. Solidarity and Cooperation: I. Solidarity and Cooperation: I. Solidarity and Cooperation: I. Solidarity and Cooperation: I. Solidarity and Cooperation: in searchof greater equity, poverty reduction, diminish-ment of asymmetries and strengthening ofmultilateralism as a guiding principle for inter-national relations.

II. Sovereignty, respect for territorialII. Sovereignty, respect for territorialII. Sovereignty, respect for territorialII. Sovereignty, respect for territorialII. Sovereignty, respect for territorialintegrity and self determination of peopleintegrity and self determination of peopleintegrity and self determination of peopleintegrity and self determination of peopleintegrity and self determination of peopleaccording to principles and goals of theUnited Nations, that ensures the prerogativeof States to decide on their development strat-egies and their relations at the internationallevel, without external interference in theirinternal affairs.

III. PeaceIII. PeaceIII. PeaceIII. PeaceIII. Peace, so that South America remainsas a Zone of Peace where international conflictsare solved through peaceful settlement of con-troversies.

IV. Democracy and Pluralism IV. Democracy and Pluralism IV. Democracy and Pluralism IV. Democracy and Pluralism IV. Democracy and Pluralism in orderto consolidate an integration without dictator-ships and respectful of human rights and hu-man dignity, for native peoples, Afro-descend-

ants and migrants, with gender equality, respectof all minorities and their cultural and linguis-tic manifestations and acknowledging contribu-tion of social movements and civil society or-ganizations, and their right to democratic par-ticipation in every South American country andin the process of integration.

V.V.V.V.V. Human Rights Human Rights Human Rights Human Rights Human Rights are universal, interde-pendent and indivisible. Similar effort shouldbe given to developing both civil and politicalrights, as well as to economic, social and cul-tural rights, thus recognizing right to develop-ment as a fundamental right, under the integrat-ing and multidisciplinary principle of humanrights.

VI.VI.VI.VI.VI. Harmony with NatureHarmony with NatureHarmony with NatureHarmony with NatureHarmony with Nature for a sustainabledevelopment, assuring environmental concernsand those related to climate change are presentin every initiative of regional development, par-ticularly in those related to infrastructure andenergy, thus preserving ecosystems balance andprotection of biological diversity, with recogni-tion and valuing of traditional knowledge.

Source: Cochabamba Declaration, http://www.art-us.org/node/190

n Dec 2006, leaders andenvoy of 12 Latin Ameri-can nations came to-gether for a two-day

summit and signed theCochabamba Declaration, agree-ing to study the idea of forming a

Contrasting principlesContrasting principlesContrasting principlesContrasting principlesContrasting principlescontinent-wide community simi-lar to the European Union.

The principles of this declaration(see below), which places a cor-nerstone on the formation of aSouth American union. Contrast

Principles of South American Integration

INTERNATIONAL

IIIIIthem with the proposed princi-ples for the Asean Charter (fromthe Eminent Persons Group re-port), especially the heavier em-phasis given to democracy, hu-man rights and the environmentin Latin America.


was delighted to receivean email in December2006 from a friend in theMaldives. Shahinda

Ismail works for the MaldivianDetainee Network, an NGO advo-cating detainees’ human rights.She told me how InternationalHuman Rights Day was cel-ebrated in her country.

International Human Rights Dayis an annual event celebratedevery 10 December. Last year,Maldivian NGOs and activists,for the first time, celebrated thisday publicly in a festive way by

holding a rally and music festi-val. Three hundred people at-tended this grand event. The hugesuccessful event took off well andended peacefully.

Shahindha said, “This being ourpilot, ... I think we did very well.”She added that despite the peace-ful nature of the event, the policewarned them that they had ‘com-mitted unlawful acts’. It remainsto be seen if the police will file anycharges against these NGOs andactivists to whom the Interna-tional Declaration on HumanRights Defenders 1998 applies.

Although I have not yet had anopportunity to follow this up withShahindha, and I pray that theMaldivian police have not har-assed them, I did promise to in-form the world of the existence ofMaldivian civil society groups.So, this is a promise kept to afriend and I feel really good aboutit. Thanks, Shahindha!

Getting news from friends living inother countries and who face simi-lar challenges in their work as peo-ple working in NGOs here in Ma-laysia do somehow makes me feelthat we are not alone. The worldhas become a smaller place withthe communications technologywe have nowadays. It is consolingto know that friends are just a “clickaway” when you need to talk.Thank God for the Internet!

Celebrating Human Rightsin the Maldivesby Angeline Loh

IIIII

The Eminent Persons Group recommends thatthese principles and objectives be reflected inthe Charter which broadly cover the followingareas:

• Promotion of ASEAN’s peace and stabil-ity through the active strengthening ofdemocratic values, good governance, rejec-tion of unconstitutional and undemocraticchanges of government, the rule of law in-cluding international humanitarian law,and respect for human rights and funda-mental freedoms.

• Promotion of ASEAN’s prosperity and resil-ience through closer cooperation and integra-tion namely the ASEAN Economic Community,Single Market, greater economic linkages, re-gional connectivity and narrowing the devel-opment gap.

• Promotion of ASEAN’s timely and effectiveresponses to non-traditional andtransboundary challenges and crises throughmutual assistance or regional and internationalcooperation. ASEAN may need to calibrate thetraditional policy of non-intervention in areaswhere the common interest dictates closer co-operation.

• Promotion of an Asean identity throughgreater awareness of Asean cultural heritage,investment in learning, empowering the lives ofthe people and communities and engagementwith civil society.

• Expressing the resolve to realise an AseanCommunity and ultimately an Asean Union.

Source: Asean Eminent Persons Report http://www.aseansec.org/19236.htm

Asean Community:Proposed principles and objectives

q


Invariably - except for a few rareoccasions – the formalities werenever completed within the threemonths’ grace period . Very oftenwe had received the permit afterthe expiry date. This is very diffi-cult to understand.

Normally we start ringing theKementerian Dalam Negeri (KDN)in October/November to makeenqueries regarding the status ofour application. We are usuallytold that that our application wasunder process. It would be thesame answer even if you were toring up a month later. It seems astandard answer.

On one occasion, we had theshock of our life when told thatthey had not received our appli-cation as of that date which wassometime in November. Our ap-plication was submitted well be-fore 15 September. Luckily for us– and bad luck to them – we hadthe AR Card as proof of receipt.When this evidence was faxed tothem , they miraculously discov-ered our file!

When there is no sign of the per-mit, we become desperate in De-cember. That is when we startchasing them. This time the replywould be that our application hadbeen cleared and the letter notify-ing us and asking for the paymentof RM400 was awaiting signatureof the officer concerned. Thiswould take many days becausethe officer was either on leave orattending meetings. Once I wasforced to ask why is it so difficultto sign a letter which should havebeen a routine thing.

In 1997, we had to chase themfrom 2 December up to 6 January1998 resulting in 10 calls. FinallyI had to speak to YM TunkuMahmood who was graciousenough to expedite the matter.

In 1998, we first contacted themon 13 October and thereafter con-tinued to chase them right up tothe following year on 7 January1999 – three weeks after the ex-piry of the our permit and almostfour monthsafter submission ofour application.

In 2001, you won’t believe it butwe had to make 25 calls beginningon 12 October. Finally we weretold on 22 January 2002 that thepermit was posted on that day.

In 2005, we had to make 21 callsbetween 29 November and 13January 2006 on which date wewere given the permit number overthe phone.

This year between 3 Novemberand 7 December we had calledKDN 16 times.

It is frustrating in dealing withKDN over the phone, as we arecompelled to do so since we arelocated outside Putrajaya. It mustbe equally upsetting for othershaving to deal with KDN throughthe phone. Very often there wouldbe no answer or a recorded voicemessage would state that the boxwas full or you would be asked tohold on interminably until you getcut off.

On 3 November we received a let-ter from KDN telling us that we

should have sent a copy of theAliran Monthly as required in theapplication form. Subsequently Ipointed out to the man in chargethat that requirement was not inthe application form that wasgiven to us. He said the form weused was the old form but accord-ing to the new form this wasstated. When asked why were wegiven the old form KDN Depart-ment in Penang, he had no an-swer.

On 7 November we registered acopy of the Aliran Monthly.

Since there was no news whatso-ever for a month, I called KDN on5 December. A lady answered(Name withheld) but she had noinkling of the problem. Neverthe-less she asked all kinds of irrel-evant questions without beinghelpful. Then she passed me onto another lady (Name withheld)who stated that she was the per-son dealing with our application.

When I mentioned that it was criti-cal as the permit was expiring on15 December and wanted to knowwhen we would be receiving thepermit. She said that they have notreceived the copy of the AliranMonthly that we were supposedto have sent them. I told her that itwas sent by registered mail on 7November.

She kept repeating that she hadnot received the Aliran Monthlyand that she was waiting for it –Saya tunggu. I asked what hap-pens now since we had alreadyposted the copy. She repeated,“Saya tunggu.” I replied in a loudvoice, “Saya sudah hantar.” Sherepeated the same reply like afaithful parrot.

KDN GIVES ALIRAN ANNUAL HEADACHE Continued from page 40

D e s p e r a t ein December

F r u s t r a t i n gdealing with KDN


I told her that I would have to takeup the matter with her higher upand mentioned the name of theperson.

She merely said, “Kalau cerita,ceritalah.”

I faxed her the registration numberas proof of posting and asked herto confirm officially in writingwhether she had received the copyof the magazine or not so that Icould take up the matter with thepostal authorities. The folowingday I made three calls to ascertainthat the fax had been received. Un-fortunately I was not successful.

I next contacted the postal au-thorities in Butterworth who con-ducted a search and finally faxedus the signed evidence of receiptby KDN.

I called KDN today and told thelady that I had the evidence toprove that the copy of the AliranMonthly was delivered to KDN.She was friendly this time. She in-formed me that whatever we send,

either letters or a copy of the maga-zine get delivered to the seventhfloor and don’t reach those work-ing on the fourth floor. And thatwas why she had not receivedwhat we had sent them. This mustbe a strange way of doing thingsin super modern complex!

But she assured me that she wasworking on our application. Shemanaged to persuade the peopleon the seventh floor to part with acopy of the Monthly we send themregularly upon publication of theAliran Monthly each time. By lawwe are required to send eight cop-ies to KDN every month but wesend them 10 copies.

She told me that ours was not theonly case she was dealing with.She was handling all the applica-tions from all over the country in-cluding Singapore, giving the im-pression that she was over-worked and that her section wasshort-handed.

Surely, ours cannot be an isolatedcase of frustration and distress.There must be hundreds of oth-

ers, if not thousands, who are simi-larly affected but must feel ratherintimidated by the bureaucracyand the officialdom. Many wouldconclude that to criticize or com-plain would jeopardise their ap-plication and therefore choose tosuffer in silence. But in a civilisedsociety this cannot be tolerated.We have a right to be treated withdignity and served diligently by acivil service that must be account-able.

The Prime Minister had asked thecivil service to buck up and servethe people. He must investigatethis matter as a matter of urgencyand find out whether the inordi-nate delay that we are subjectedto without fail is justified.

If the system within his domaincannot function efficiently andeffectively to deliver the serviceexpected of it, how can he enforcea delivery system throughout thecountry that can be meaningfuland serve the people as is ex-pected of a civil service.

Go aheadand complain

PM must investigate

PostscriptPostscriptPostscriptPostscriptPostscript

After many more calls, I fi-After many more calls, I fi-After many more calls, I fi-After many more calls, I fi-After many more calls, I fi-nally managed to speak tonally managed to speak tonally managed to speak tonally managed to speak tonally managed to speak tothe Deputy Unit Head on 12the Deputy Unit Head on 12the Deputy Unit Head on 12the Deputy Unit Head on 12the Deputy Unit Head on 12Dec 2006. He was helpful,Dec 2006. He was helpful,Dec 2006. He was helpful,Dec 2006. He was helpful,Dec 2006. He was helpful,listened patiently and toldlistened patiently and toldlistened patiently and toldlistened patiently and toldlistened patiently and toldme he would look into theme he would look into theme he would look into theme he would look into theme he would look into thematter.matter.matter.matter.matter.

On 14 Dec 2006, Aliran's ap-On 14 Dec 2006, Aliran's ap-On 14 Dec 2006, Aliran's ap-On 14 Dec 2006, Aliran's ap-On 14 Dec 2006, Aliran's ap-plication for a permit wasplication for a permit wasplication for a permit wasplication for a permit wasplication for a permit wasapproved.approved.approved.approved.approved.

What was dragging on forWhat was dragging on forWhat was dragging on forWhat was dragging on forWhat was dragging on formonths was sorted out in amonths was sorted out in amonths was sorted out in amonths was sorted out in amonths was sorted out in amatter of two days!matter of two days!matter of two days!matter of two days!matter of two days!

On 11 Jan 2007, we receivedOn 11 Jan 2007, we receivedOn 11 Jan 2007, we receivedOn 11 Jan 2007, we receivedOn 11 Jan 2007, we receivedour permit.our permit.our permit.our permit.our permit.

q


ecember is a stressfulmonth for Aliran. It is themonth when Aliran’spublishing permit ex-

pires. In fact, on 15 December ofevery year our permit expires. Asfor this year, in another 8 days itwill be expiring and yet there isno news.

The law has it that application fora permit must be submitted threemonths before the expiry of thecurrent permit. Presumably this isto give the approving authorityample time to sort out the bureau-cratic fomalities before the issu-ance of the permit.

ACCOUNTABILITY

KDN gives Aliran annualh e a d a c h e

DDDDD

We have a right to be treated with dignity and served diligentlyby a civil service that must be accountable.

Continued on page 38Continued on page 38Continued on page 38Continued on page 38Continued on page 38

The public delivery systemis indeed deplorable inmany areas. Things are notjust right; they don’t getdone; they don’t move;they drag on. It is a dailyhassle.

An expatriate who wantedthe papers to be cleared tobring in his used car whichwas shipped through Singa-pore from South Korea wassubjected to six months’offrustrating wait in spite ofhis best efforts (NST 16 Jan2007). ‘It was embarrassingjust listening to what he hadto say,’ observed SyedNadzri.

More than a hundred lettersposted together with 5,010letters did not get delivered(AM Vol.26(5). We have notyet got back the AR Cardattached to our payment tothe Ministry of Home Af-fairs and registered on 15December 2006. We haveread stories of bags of let-ters being abandoned bypostmen.

It is more than six months

since the estate of a de-ceased was referred to thePublic Trustees; the benefi-ciaries aged between 70 &94 are still waiting for theirmatter to be sorted out.(See Letters in this issue) TheImmigration Department,from what we hear, is alsonotorious for draggingtheir feet.

There are also many com-plaints about the PensionsDepartment and the InlandRevenue Department whenit comes to processing pay-ments/ refunds.

Likewise, there are manydepartments where thingsare held up and delayed.

We like to share our ownexperience dealing with theMinistry of Home Affairs.It is an annual tug-of-war.The latest episode of this re-curring saga, highlighted inour Letter to the Editor on 7November 2006, was com-pletely ignored by the printmedia. We reproduce thisletter for the benefit of ourreaders.

He must investigateHe must investigateHe must investigateHe must investigateHe must investigate

PP3739/12/2006 ISSN 0127 - aliran.com · sensational high-drama series of a crooked-half-bridge,...

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