PP3739/12/2005 ISSN 0127 - 5127 / RM4.00 / 2005:Vol.25No.2

Aliran Monthly : Vol.25(2) Page 1 COVER STORY Why privatise water? Privatising water authorities is nothing more than the transfer of wealth to the private sector by Anil Netto

omething is happening SS while Malaysians are in SSS deep slumber. And you can’t say it is not going to affect us - because everyone needs it. Yes, your water supply is in danger of being privatised, if it is not already transferred to pri- vate hands. And you know what that means, right? Think of the soaring highway tolls and the skyrocketing postal rates for snail mail. (And when we say snail mail, it really is snail mail now!) Water cannot become the property of those seeking profits Before you could say, “Ais kosong satu!” Parliament passed the Con- Most Malaysians hardly noticed stitution Amendment Bill on 18 when the government reneged on January 2005, transferring supply its promise, which it made on 19 and management of water away January 2005, to set up a Parlia- from the respective states to the mentary Select Committee to so- federal level. The move sparked licit the views of the public. In criticism from Parliamentary Op- March, the Minister responsible position Leader Lim Kit Siang. “It for water, Lim Keng Yaik, said the is putting the cart before the horse Select Committee process would for Parliament to proceed with the be by-passed as the government Constitution Amendment Bill was already familiar with the 2004 without first being requested problems facing the industry. by the State Legislative Assem- What about the problems facing Suhakam: The right to water is a basic blies,’’ as required under the Con- the public, who have to contend human right stitution, he said. with the ever-increasing cost of living? Obviously, our ordinary comprising 26 civil society groups Two more Bills - The Water Indus- Ali, Ah Kow and Arumugam do to raise the alarm. The coalition try Bill, which is shrouded in se- not seem to figure very highly in has handed in protest memoran- crecy, and a Bill to establish a regu- the priorities of the ministry and dums to Parliament and the na- latory National Water Services the government. tional human rights commission, Commission (SPAN) - are ex- Suhakam, arguing that the right pected to be read in Parliament So it is left to the newly set up Coa- to water is a basic human right, a soon. lition Against Water Privatisation, common good that should not be

Aliran Monthly : Vol.25(2) Page 2 EDITOR'S NOTE

The lead story by Anil Netto looks at the proposed privatisaton of water and raises the fundamental CONTENTS question “Why privatise a profit-making entity?” It provides a range of views culled from a forum in Penang held on World Water Day. COVER STORY ••• Why privatise water? 222 Another case of privatisation is that of Pos Malay- ••• Penang Declaration 888 sia, which recently announced unjustified hikes in postal rates. Read Aliran’s open letter to the media exposing the firm’s confusion and unpreparedness FEATURES in its hasty implementation of these new rates. ••• A police state yet again 999 ••• End occupation of Iraq 111111 This obssession with the market, along with plain ••• Mother Nature in crisis 161616 greed, is leading us to environmental catrastrophe, ••• Understanding Fatwa in the says Young Malaysian, in his piece ‘Mother Nature Malaysian context 232323 in crisis’. The turn to the market is also threatening Malaysian context 2323 social cohesion, encouraging repression and pro- ••• Putting compassion back into moting individualism, argues John Hilley in another politicspoliticspolitics 272727 piece. ••• Block Burma from chairing ASEAN 313131 ••• Confusion reigns: Postpone Such repression was evident when civil society new rates, Pos Malaysia 373737 groups recently engaged in an anti-war demonstra- tion in Kuala Lumpur. Sarajun Hoda provides an ••• A victorious conclusion 404040 eyewitness account of the peaceful protest, which was greeted by water cannons and riot police. REGULARS ••• Thinking Allowed 191919 One person who stood up against the might of the ••• LettersLettersLetters 33 state was Oscar Romero of El Salvador, who was ••• Current Concerns 353535 assassinated 25 years ago. Martin Jalleh highlights the life of this exemplary man, who took the side of the oppressed. OTHERSOTHERSOTHERS ••• Heart to heart: Remembering & One group of downtrodden workers, however, had Re-living Remero 131313 reason to celebrate in Malaysia. Letchimi Devi, re- ••• Subscription Form 181818 counts the 10-year struggle of 14 ex-workers of Brae- mar Estate which led to victory when they finally received free houses from a developer.

Finally, Rajen Devaraj looks at the whole issue of fatwa, the law and the role of our elected representa- Published by tives in deliberating on and determining what con- stitutes a punishable offence. Aliran Kesedaran Negara (ALIRAN) 103, Medan Penaga, 11600 Jelutong, ALIRANALIRANALIRAN is a Reform Movement dedicated to Penang, Malaysia. Justice, Freedom & Solidarity and listed on the Tel : (04) 658 5251 Fax : (04) 658 5197 roster of the Economic and Social Council of the United Nations. Founded in 1977, Aliran welcomes Homepage : http://www.aliran.com all Malaysians above 21 to be members. Contact the Hon. Secretary or visit our webpage. Printed by Percetakan Tujuh Lapan Enam Sdn. Bhd. No. 16, Lengkangan Brunei, 55100 Pudu, Kuala Lumpur.

Aliran Monthly : Vol.25(2) Page 3 subjected to the profit motive. But He also warns that privatisation don’t hold your breath if you think could lead to the introduction of that alone will halt the privatisa- prepaid water cards (banned in tion: Suhakam must have a huge the UK in 1987) and profiteering. store-room to file away all those This could hurt the poor, who reports and memoranda. might resort to less healthy sources of water supply, which The protest here mirrors a similar could seriously jeopardise their campaign in neighbouring Indo- health. “Water should be in the nesia, where civil society groups hands of the state and the people,” have asked Indonesia’s Constitu- he insists. Santiago was speak- tional Court to review the Water ing at a World Water Day talk held Resources Act, which facilitates at the Aliran office on 22 March privatisation. They argue that the 2005. Act, passed last year as required by a World Bank loan package, Charles Santiago: But why privatise a Water tariffs soar compromises the Indonesian gov- profit-making government-owned entity? ernment’s ability to ensure access The experience in cities across to water for the poor. Earlier, in He notes there are new plans to Asia and elsewhere is that when December 2004, the Constitu- privatise the water utility and multinationals enter the scene or tional Court annulled the Elec- raise tariffs by 40 per cent in the when private participation is in- tricity Law, which promoted de- next three or four years. “But why troduced, water tariff rates invari- regulation and privatisation in privatise a profit-making govern- able soar. For instance, in Manila, Indonesia’s power industry, in a ment-owned entity?” asks San- the government touted water pri- move that civil society groups tiago, adding that the profits vatisation as the solution to a lauded as a victory against the should instead by reinvested and looming water crisis. Instead of neo-liberal agenda of global finan- used to replace old pipes instead the promised lower rates, how- cial institutions. of handing the organisation over ever, Maynilad Water Services, to the private sector. which holds Manila’s west zone The Malaysian government’s ar- concession, raised tariffs by as gument for privatisation is that Privatisation of water, he said, much as 400 per cent between state governments have no money has nothing to do with effi- 1997 and 2003 winthin a period to change old water pipes and ciency. “It is the transfer of of six years! Manila Water Com- that non-revenue water (un- wealth from the state to the pri- pany, the east zone billable water due to leakages and vate sector or individuals,” he concessionaire, raised water tar- unpaid water bills) or NRW is says, bluntly. Commenting on iffs by 700 percent in the same high. the privatisation in Selangor, he period. “Our private firms will do notes that the private sector was the same,” predicts Santiago. Why privatise allowed to cherry pick the prof- “People will suffer, especially the a profitable itable parts such as the water poor.” govt-owned entity? treatment plants, which were privatised. The loss-making sec- It is not necessarily true that pub- But Charles Santiago, coordinator tor, such as the distribution net- licly managed water utilities are of Monitoring Sustainability of work where leakages occur and inherently inefficient. Cities like Globalisation, cites the perform- old pipes need to be replaced, re- Osaka, Phnom Penh and Penang, ance of the Perak water authority mained with the government. where water is publicly managed, since 1998. Despite a high NRW “The government does not want have outperformed Manila and of 51%, the water authority has to pump money to the state sec- Jakarta, cities with massive priva- seen its profits soar from RM11 tor, but would rather give loans tisation arrangements, in several million in 1999 to RM47 million and guarantees to private key performance areas. Osaka, for in 2003. firms,” he complains. instance, has NRW of 7 percent,

Aliran Monthly : Vol.25(2) Page 4 an outstanding performance; promotes Integrated Water Re- that PBAPP is already a privatised Phnom Penh records 26 percent, source Management principles entity, that privatisation is already and Penang a commendable 18 and public-private partnerships - here and it is something we have percent. By comparison, Jakarta euphemisms for neo-liberal priva- to deal with. has NRW of 51 percent and Ma- tisation. It wants water to be re- nila 62 percent. garded as an economic good. In So is PBAPP really a privatised Malaysia’s case, part of the impe- entity? The Penang government The British-based Public Services tus for water privatisation ap- owns a controlling 55 per cent International Research Unit pears to be coming from the na- (plus a special share) in PBAPP’s (PSIRU), which analyses the pri- tional chapter of the GWP, the holding company (PBAHB), state- vatisation and restructuring of Malaysian Water Partnership related agencies 20 per cent, with public services around the world, (MyWP). MyWP consists of 67 in- the remainder held by the public revealed in a recent study that the stitutional members, including through listed shares. PBAHB greater city of Colombo in Sri government agencies, the private was listed on Bursa Malaysia, the Lanka, where water is publicly sector, and other interested Kuala Lumpur Stock Exchange, in managed, has a water leakage ‘stakeholders’. 2002. With the state owning a to- level of only 23 per cent compared tal of 75 percent of the capital in to a leakage level of 35 per cent for PBA shows the way PBAHB plus a special share, it is the area of London covered by obvious, that the PBAPP is still Thames Water plc, a huge multi- Santiago prefers to tout the exam- very much a state-owned entity, national involved in water priva- ple of the Penang Water Author- albeit dressed up as a listed com- tisation projects in developing ity (PBAPP) as an example of suc- pany. What’s more, instead of a nations. cessful public-public partnership. concession, there is a licensing PBAPP’s track record has left oth- agreement, whereby PBAPP pays Pressure to privatise ers envious. Its supply coverage lease charges and an annual is 100 per cent in urban areas and charge to the state. So where is the pressure to priva- 99 per cent in rural areas. What’s tise coming from? Privatisation more, its NRW (wastage/leakage) R Sivarajah, Aliran’s honorary schemes are being pushed with level is 18 per cent - half the na- auditor and former senior techni- vigour by international financial tional average of 39 percent - ena- cal assistant with 33 years’ expe- institutions such as the World bling it to offer among the lowest rience in the Penang Water Cor- Bank and the Asian Development water tariffs in Malaysia. In con- poration (PBAPP), admits that the Bank and lobby groups such as trast, Johor and Selangor - states PBA workers had actually fought the Global Water Partnership where water supply is privatised (GWP) and the World Water - have among the highest water Council. In addition, the Euro- tariffs in the country. pean Union has come up with ini- tiatives in the World Trade Or- PBAPP has reaped healthy an- ganisation to prise open national nual profits, which have funded water services to the big foreign maintenance work. Just over a players. thousand PBAPP employers are responsible for 50 reservoirs, 30 The GWP is a pro-business think- water towers, 10 treatment plants, tank set up by the World Bank six dams and 3,400 km of pipe- (whose own record on water pri- line. Annual profits before tax for vatisation has been dismal), the the years 2001-2003 have ranged United Nations Development Pro- between RM50 million to RM62 gram (UNDP) and the Swedish million. International Development Agency (Sida) in 1996. The GWP, But Penang Water Watch presi- Sivarajah: PBA workers had actually whose secretariat is in Stockholm, dent Dr Chan Ngai Weng argues fought for privatisation.

Aliran Monthly : Vol.25(2) Page 5 for ‘privatisation’. But, as San- the then senior engineer,” he al- tiago points out, the ‘privatisa- leges. tion” they fought for came up af- ter talk emerged that PBA could At that time, Siva was PBA’s sen- be totally privatised to third par- ior technical assistant and staff ties or subjected to a “management union president. “I exposed the buyout.” In addition, the workers matter at the general meeting of at that time were being pressured my union in the presence of the and burdened with additional honourable chief minister of workload as staff who resigned or Penang and the local media,” he retired were not replaced. Those reveals. “Subsequently, I reported who remained with the organisa- the matter to the ACA. So far, noth- tion had to shoulder the additional ing has come of my report.” He workload, even though the PBA says that the Anti-Corruption did not have excessive staff. Agency may have carried out Chan: The problem lies in how it is some investigations but he has So, many workers saw the privatised. Is there transparency and are still not yet heard from the agency “corporatisation/privatisation” there open tenders? after five years. and listing exercise (under which the state would still retain major- penditure, set benchmarks (PBA Conserve that water! ity control) as the best alternative benchmarks could be used for to protect the workers’ rights and other states), and allow the regu- Chan meanwhile laments that the welfare - given the more uncertain latory commission to be inde- government and the public have alternatives proposed. pendent, says Siva. He points out neglected conservation. Instead, that the heads of privatised enti- the emphasis has been on build- Even before it was “corporatised”, ties should be people of integrity ing dams and treatment plants. Sivarajah notes that the PBA itself and experience and that political Penangites are the most wasteful, had been self-sustaining. But con- considerations should not come each consuming 400 litres daily trary to Santiago’s assertion, into play. (the PBA puts it at 260 litres daily), Sivarajah argues that “privatisa- he notes. In contrast, tion addresses the issue of effi- Even an efficient organisation like Singaporeans have a per capita ciency.” The idea of having a na- the PBAPP has not been spared consumption of only 140 litres tional regulatory commission, he allegations of irregularities. “A daily. says, does not mean that all states classic example was where the will have the same water tariffs. No. 2 man with an excellent track And our NRW level in Malaysia “Regulators will not automati- record, proven capabilities and at 39 per cent is way too high. In cally approve new rates.” more than 25 years’ experience some states, it is as high as 60 per was bypassed and an outsider cent. “If we plug 20 per cent of that, PBA under the was put in as the new general we would be able to fill 67 Teluk spotlight manager of the PBA,” he said. Bahang dams,” says Chan. Ma- Siva said the new general man- laysia, he observes, is rich in wa- For Chan, privatisation is not the ager had no experience managing ter resources with 20,000 cubic problem, but “the problem lies in a water utility, having headed a metres of water available per per- how it is privatised.” Is there different government department son annually. (Countries with transparency and are there open previously. “The new man within 1,000 to 1,700 cubic metres per tenders, he asks. The privatisation a few months of his appointment person per year are said to be wa- process in Malaysia, he notes, has approved the waiver of costs for ter-stressed.) “And yet, we still not been very transparent. the diversion of mains for a pri- have water problems.” vate developer amounting to hun- Successful privatisation should dreds of thousands of ringgit Expenditure on water as a com- provide for adequate capital ex- based on the recommendation of ponent of household income in

Aliran Monthly : Vol.25(2) Page 6 Malaysia is small and hence, peo- “We want to tell the government, ple do not regard water as a pre- please consult us; this issue will cious resource that has to be con- affect us.” Recalling the history of served, points out Chan. To coun- privatisation, Syed Shahir says ter this, he proposes staggered the government saw that there water tariffs under which the first was only weak resistance to pri- 20 cubic metres would be supplied vatisation. It thus felt emboldened free or at minimal rates, so as not to allow tariff hikes without fear to burden the poor. Urging of strong opposition. “Their Malaysians to conserve water and power is absolute. We still have to instal water-saving gadgets at the mentality of allowing all this home such as half- and full-flush to happen,” he laments. “One day, toilet systems, Chan says, “Even they might even privatise the air!” if we save 20 per cent each, we would save (the equivalent of) 24 “Water is a sacred gift from God Teluk Bahang dams every year.” for those of us with religious be- Shahir: Who would really benefit from Other ways to conserve water liefs,” he adds. “It cannot become water privatisation? Are they cronies of would be through recycling and the property of those seeking prof- anyone who is holding high office? going vegetarian, as greens use up its or those seeking to enrich one only 20 per cent of water com- group over the other.” ships like the PBA. And learn pared to animals. from public-popular partnerships Some have argued that privatisa- like the case of Porto Alegre, Bra- Workers movement tion will lead to efficiency. To re- zil. Water services in Porto Alegre concerned but this, Syed Shahir cites the de- were private until 1904, when the lays in the privatised postal de- city took it over. In the participa- The country’s labour movement, livery system. “There is simply no tory budget process the city peo- meanwhile, has a key role to play need for the people of this coun- ple get together in meetings in speaking out against privatisa- try to pay more for water,” he said. throughout the year and decide tion. The newly elected president “We are a country blessed with so where the investments of the Mu- of the Malaysian Trades Union many resources and yet we have nicipal Department of Water and Congress, Syed Shahir Syed to pay so much for essentials - all Sanitary Sewage are going to be Mohamud, regards this as an im- due to the mismanagement of such made. portant issue for the national la- resources.” bour centre. “If water, electricity Between 1989 and 1996, the etc bills are hiked, the workers will Malaysians, he says, simply can- number of households with ac- have to bear the burden.” not allow a few to be rich at the cess to water services rose from 80 expense of the majority; they percent to 98 percent, while the “We are taking the issue of priva- should ask who would really ben- percentage of population served tisation seriously,” he says, “and efit from water privatisation. “Are by the municipal sewage system we will go to the grassroots to take they cronies of anyone who is rose from 46 percent to 85 percent. serious initiatives to create aware- holding high office?” Syed Shahir How’s that for real democracy ness among workers. We will try points out that the burden of pri- and public participation in deci- our utmost to expose this water vatisation on workers would be sion making. privatisation to the grassroots.” great: “It would further reduce He calls on anti-privatisation ac- their disposable income levels. Water is such as fundamental tivists to use the language of the Many workers would also be human right and governments workers and not jargon when pushed to the fringes of poverty.” have a responsibility to protect reaching out. “Those who are this right. Society too must de- aware must think about how they Is there an alternative to privati- fend this right and mount every can raise the awareness of those sation? Sure, if we care to look: possible challenge to stop pri- in the grassroots.” think of public-public partner- vatisation. q

Aliran Monthly : Vol.25(2) Page 7 COVER STORY

World Water Day, Malaysia PenangPenang DeclarationDeclaration 22 March 2005

aking into consideration the seven princi- TT ples outlined in the World Water Manifesto TTT produced during the World Social Forum in Mumbai, India in 2004, namely:

1. Water is a common good — the trust of humanity. It belongs to all — to everyone, everywhere.

2. The human right to water is an inalienable indi- vidual and collective right.

3. The State has the prime obligations to respect, protect and fulfill this human right. It should guar- antee this right without discrimination and take steps towards the full realisation of the right to wa- ter. The human right to water is an inalienable individual and collective right. 4. People have the prime responsibility to manage their water resources. They have the right to resist or international law or policy, including those relat- the commodification and privatisation of water. ing to trade, must recognise and ensure the primacy of effective and meaningful participation of com- 5. Water must contribute to the strengthening of soli- munities in the control, management and use of darity among peoples, communities, countries, gen- water. ders and generations. We reject the perception that water is an economic 6. Access to water by everyone necessarily needs good. Water is an integral component to the right of partnership that go beyond the domination of mar- a certain quality of life and access to water cannot kets. These partnerships must be organised around be subject to political largesse or the calculations of transparency, accountability and peoples’ partici- profit-obsessed market, whether locally or globally. pation. We assert that water, as a decentralised natural re- 7. Mechanisms for redress, reparation and rehabili- source managed traditionally by people and com- tation must be established for victims of individual munities directly, should instead be treated as a so- and collective violations against the right to water, cial and cultural good. To many of us, it is a sacred whether by state or non-state actors. gift.

We, concerned citizens of Malaysia gathered here Consequently, we shall oppose privatisation poli- on World Water Day 2005, assert that any national cies that only serve to undermine water security. q

Aliran Monthly : Vol.25(2) Page 8 PEACE AA policepolice statestate yetyet againagain Riot police and water cannons crush peaceful anti-war protest by Sarajun Hoda s in most countries, it is freedom and where the the ruling Governments Internal Security Act AAA that succumb to pressure hangs like the Sword of from the world’s politi- Damocles over every- cal masters, Bush and Blair. Never body’s head. the people. Mammoth demonstra- tions have been held everywhere At the anti-war rally or- ever since the US started riding the ganised by the Coali- “global war on terror” and began tion Against War-Ma- to police and rule the world. laysia, comprising non-Barisan political Everywhere the superpower goes, parties and independ- innocent people often end up be- ent NGOs, many were ing killed in huge numbers. The left wondering why the Barisan ing everything that moved. The US superpower plunders the re- people were not there. After all, it security blokes too, sporting dark sources of these nations and, with was part of a global protest tak- glasses, were seen among the po- no remorse, unleashes carpet ing place in some 80 countries and lice, pointing everywhere and re- bombing to ensure near total de- coinciding with the second anni- cording the fun as well. struction. versary of the invasion and ille- gal occupation of Iraq by the US Finally, the valiant anti-war It is the people who stand up so and its allies. demonstrators began walking in valiantly, rejecting the terror and from all sides. The crowd began violence that the neo-colonialists It was a beautiful morning away to swell. By 10.30 am around dispense around the world to from the roar of Formula One rac- 1,000 protesters gathered, min- achieve global supremacy. Hun- ing at far away Sepang, where gling through the crowd of po- dreds of thousands of ordinary most of the top guns, the rich and lice. Not wanting to be outnum- people have regularly demon- powerful must have been having bered, in a show of might prob- strated against such brazen a fun time. ably, more police squads both in power in major cities around the uniform and in plain-clothes, world. In Malaysia, which is the At 10.15am, even though there were brought in. present head of the Organisation were hardly any protestors of Islamic Conference and of the around in the area in front of the The demonstrators were follow- Non-Aligned Movement, the situ- US Embassy at Jalan Tun Razak, ing rules by standing on road-side ation is no different. police were already there waiting. pavements. They were simple peo- They swarmed the area right from ple from all walks of life: elderly This is a record of yet another oc- the Jalan Langgak Golf junction men and women, social leaders, casion when the basic fundamen- right up to the Jalan Ampang in- activists, university students and tals of a democracy were trampled tersection. The US Embassy was children - they were all there. If upon in Malaysia. How mistaken also heavily guarded. there was any obstruction to traf- we are to assume that the freedom fic, it was caused by the police, and rights guaranteed by the Con- From behind perimeter walls, who stood right in the middle of stitution are respected in this bushes and parked vehicles, road or parked their vehicles country. What else can you expect scores of plain-clothes police were there. The assembly was peaceful in a land where the press has no already there recording and not- and non-provocative.

Aliran Monthly : Vol.25(2) Page 9 Children and elderly believed to be chemically laced, The police later gave their own also tear-gassed was shot towards the crowd. No press conference in front of the See time was given for the aged and Hoy Chan Building, which is be- The anti-war chanting started at the children to find cover or to side the American Embassy. They about 10.35 am. Unsuspecting move out. Those in the traffic that were nit-picking that it was an il- passers-by would have thought had stopped to make way for the legal assembly. RTM TV the same it was some sort of carnival. It FRU assault watched with horror, night reported them as saying that was enlivened with sketches, clearly shocked and shaken by the protestors became ‘kurang ajar’ music and songs. Among the fa- what they saw. The police were (unruly). It was a blatant lie, vourites bellowed out were ‘Out, brutal. It was a shame. which was nonetheless carried in out, Bush out’ and chants of the mainstream media. ‘No war, no war’. The fun had The demonstrators were tear- only just begun when red buses gassed and shot with more jets of Only after the King’s motorcade and trucks belonging to the in- water. They were forced out by a passed through the area at about famous Federal Reserve Unit huge contingent of marching FRU 11.45am, 10 minutes after the as- rumbled in. Seeing them come personnel, fully armed with auto- sembly was crushed, did the FRU must have energised the demon- matic assault machine guns and contingent and their assault ve- strators and the chanting grew shields. The crowd was pushed hicles finally leave the scene, not louder. The slogans were towards Lorong Kuda, which realising the many questions they mainly anti-American policies, leads to the KLCC and the Tabung left behind. On whose side is anti-Bush and anti-war. Haji Building. Badawi and his government? Are they not against the war, against Banners proclaimed, ‘Don’t kill The organisers were overheard aggression, against the killing of innocent Iraqis’, ‘ No blood for complaining to the media that innocents? Or is the PM against Oil’, ‘Bush, get out of Iraq’, ‘Iraq, a they had spoken to the police and peaceful demonstrations - a trait capitalist war’, ‘US Mind your an understanding had been he inherited from Mahathir, per- own business’, ‘Keluar dari Iraq, reached that the protesters would haps? Hentikan perang Iraq’ (Get out of not obstruct traffic, would be non- Iraq, stop the war in Iraq), ‘ Bush- provocative and would peacefully Why did the government of the Blair get out’, ‘Say no to imperial- disperse after reading a declara- supposedly caring premier, ism’, and many more in several tion at 11.30 sharp. Both parties Abdullah Badawi, stop the peace- languages. Leaflets carrying mes- even shook hands over the final ful and unprovocative demon- sages for the occasion and state- reconfirmation of the negotiated stration? What other assumption ments in various languages by agreement, just 15 minutes before can we possibly draw other than various organisations were also the police assault. that he dreaded displeasing the handed out. world’s boss, Bush? While Bush PSM President Dr Nasir Hashim is busy maiming people from There was a touch of comedy. A was so agitated, he complained to other countries, Abdullah never bearded Japanese took off his the media that “this is a police missed his chance to punish his shirt to display ‘Love peace not state. The police’s behaviour is own people. The message is clear war’ on his belly and ‘Say no to similar to US behaviour in Iraq.” and hard-hitting: Bush’s sphere war’ on his back. An American S. Arutchelvan from the Socialist of influence extends to Malaysia wore a headband on which was Party of Malaysia (PSM) kept re- too. No public show of dissent or written ‘War is evil’. An Arab in peating, ‘The police had prom- opposition will be tolerated. his traditional attire was holding ised!’ No one seemed to under- a poster ‘Bush & Blair are liars’. stand why the police had not What a sad story. q An African practised his tribal stuck to their word. dance to the amusement of those present. He bore on him a mes- Word had it that the Cheras OCPD sage ‘Bush get out of Iraq’. It turned ACP Mohamed Noor just walked Aliran exco member out to be a multinational affair, in and ordered the assault with- Sarajun Hoda is the past after all. out conferring with the other of- president of the Malay- ficers there who were still hold- At 11.00am, the water cannons ing their posts as part of the deal. sian-Iraqi Friendship As- were drawn towards the protest- It was very unprofessional of the sociation.sociation.sociation. ers. Within a minute, after a short police and smacked of arrogance. warning, light-brownish water, Very inhuman.

Aliran Monthly : Vol.25(2) Page 10 PEACE End occupation of Iraq, restore freedom to Iraqis

Declaration released by Stop the War Coalition Malaysia

9 March 2005 marks the 11 second anniversary of 111 this bloody and unjust war. It is now acknowl- edged by all authorities, includ- ing the secretary-general of the United Nations that the war launched against Iraq in 2003 was in breach of international law. The subsequent occupation of the country by British and US armed forces is not merely unlaw- ful, but also the cause of terrible loss of life.

Throughout 2004, US-led on- slaughts against Iraqi cities - Najaf, Diwaniya, Sadr City, the time of the US-led invasion, rect consequence of this occupa- Fallujah and elsewhere - have re- Iraq did not possess such weap- tion, and Iraqis have the right to sulted in war crimes, appalling ons. Subsequently, the war was resist it. loss of lives, especially those of justified on new grounds, civilians. The (official) number of namely that it would restore hu- The ‘war on terror’ continues US deaths is now 1,419 and UK man rights and democracy to the unabated, with threats of attack deaths is 76 (Iraq Body Count), Iraqis. This has not been real- on Iran now growing; with the while the number of Iraqi deaths ised. Far from respecting human war still raging in Afghanistan; is estimated to be in excess of rights, the occupation has ended and with the occupation of Iraq 100,000 (medical journal The Lan- up violating the right to life and leading to a rising death toll and cet). The number of Iraqis other basic freedoms of the Iraqi instability. wounded, suffering destruction of people. Iraqis still suffer short- homes and livelihoods remains ages of food, water, petrol and Our responsibility as Malaysians, incalculable. electricity. They still live in a along with millions of others highly dangerous environment. around the world in solidarity The US-led invasion and occu- with the people of Iraq, is to create pation of Iraq, despite the ille- International law and the United the essential pre-condition for gality, was originally justified Nations charter recognise the Iraqi self-determination by ensur- on the basis that weapons of right of peoples to resist an un- ing the speediest possible ending mass destruction were available lawful foreign military occupa- of the illegal occupation of their for immediate use by Saddam tion. The continuing violence in country and the withdrawal of the Hussein. It is now clear that, at Iraq is the responsibility and di- occupying armies.

Aliran Monthly : Vol.25(2) Page 11 The Coalition Against War-Malaysia condemns the numerous indiscriminate killings of Iraqi civilians carried out by US and British occupying forces. It is our over-riding responsibility to bring all these kill- Killed by ings to an end. a Definition We also condemn the taking and killing of civilian in Darfur hostages, including charity worker Margaret Hassan and Iraqi trade unionist Hadi Saleh. Such killings can play no legitimate part in any struggle Because they could for national emancipation. not decide if the bombing We reaffirm our opposition to this illegal war and of our villages occupation of Iraq, condemn the abuse and tor- was systematic ture of Iraqi prisoners by coalition forces, and call and not erratic … for justice for the victims of the invasion and oc- cupation including the filing of war crime charges. Because they could not decide We call for the immediate withdrawal of coalition if our strangu- forces and the dismantling of their military bases so lation by starvation that the Iraqi people can be free to rebuild their coun- was due to tyranny try’s infrastructure, public services and education and not bureaucracy … system, with assistance from international agencies if required. Because they could not decide We now call on the US and British Government to if the rapes recognise that the continuing occupation of Iraq is unjustifiable and destructive of both lives and re- of our women sources and call on President George Bush and were intentional Prime Minister Tony Blair to name an early date for and not incidental … the withdrawal of American and British armed forces. Because they could not decide The Coalition Against War-Malaysia is an ad-hoc if the bayonetting initiative started during the 15 February 2003 glo- of our children bal antiwar protests. The Coalition is a loose net- was by deliberation work of political parties, NGOs, student groups and and not an aberration … community-based groups.

Organisers were unable to read out this declaration Because they could in front of the US embassy on 20 March 2005 as not decide police moved in to disperse the crowd. The police, on the defination who had at first agreed to allow the gathering, sud- of ‘genocide’ denly reacted violently and without a thought, us- a million, or was it ing chemical-laced water to disperse citizens who 3 million, of us died … had gathered. They are still unable to decide. Nonetheless, the declaration was later read out at the KLCC by Dr. Nasir Hashim, the chairperson of Cecil Rajendra the Socialist Party of Malaysia (PSM). q

Aliran Monthly : Vol.25(2) Page 12 HEART TO HEART : "What comes from the lips reaches the ear, what comes from the heart reaches the heart" - Arab proverb Remembering & Re-living Romero An unexpected hero, he paid the ultimate price for speaking up for the oppressed in El Salvador by Martin Jalleh

his year marks the 25th ing to the walls.” priest, together with a 72-year-old TT anniversary of the mar- layman and a young boy. He was TTT tyrdom of the great in- Carranza added that Romero was on the way with them to celebrate spirational figure of the one who “stayed on the margins Mass. Americas, Archbishop Oscar of all” that was happening in the Romero, murdered by an assas- country. He remained timid in the Grande had been particularly out- sin’s bullet on 24 March 1980. midst of the”terrorism” commit- spoken in denouncing the injus- Romero’s life bears much rel- ted by the military. tices against the 30,000 peasants evance for each of us today. It re- working on 35 sugar-cane farms veals how God can use us and The Latin American Catholic in his area and in helping them bring about change beyond our bishops had gathered at Medellín, towards self-determination. wildest imagination in the soci- Colombia in 1968 to speak of “in- ety that we live in, when we are stitutionalized sin” and to call on Romero questioned why there was willing and ready to embark on the whole church to a “preferen- no official inquiry into the deaths the narrow road that he invites us tial option for the poor”. — and he never stopped question- on. ing after that. What had brought Romero preferred none of that or about the growing unrest, great When Oscar Romero was installed of the community-based pastoral social injustices and gross human the Archbishop of El Salvador in projects, nor did he support the rights violations in his country? 1977 he was no hero. He was then progressive liberation theology a compromise candidate, a con- clergy aligned with the poor. He discovered that it had very servative, and a comfortable much to do with the ruling oligar- mouthpiece. He remained “buried in his chy of 14 families who were so books” when a major protest of powerful as to control most of the He was also predictable, a pious election fraud ended in bloodshed wealth in that poor country and bookworm, politically cautious after a crowd of protesters was who wanted, by whatever means, and one who was expected to pro- attacked by soldiers in the town to maintain and protect their in- tect the status quo. No one, for square of the capital. terests. sure, had called him a prophetic voice in his early days. Dying and rising He was also confronted by the dis- turbing fact that the wealthy and A Jesuit, Salvador Carranza, The hinge that turned Romero powerful few who had supported called him (in María López Vig- from a “harmless priest” into an him in being the archbishop were il’s book “Oscar Romero: Memories outspoken voice of the voiceless the very same people who tacitly in Mosaic”) “an insignificant be- people was the murder of his sanctioned the violence that pre- ing... a shadow that went by cling- friend, Rutilio Grande, a Jesuit served their positions.

Aliran Monthly : Vol.25(2) Page 13 Summoned by the authorities to out priests, each one of you must creasing threats to finish him off. view the remains of the three — a become God’s microphone, each clear lesson on what would hap- one of you must become a The following year, Romero wrote pen to meddlesome priests — he prophet.” to US President Jimmy Carter: in turn summoned the whole of “You say that you are Christian. the Archdiocese to the funeral In the three short years of his life If you are really Christian, please Mass the following Sunday and as archbishop (which was often stop sending military aid to the prohibited the celebration of Mass likened to the three years of Jesus’ military here, because they use it everywhere except in his Cathe- public ministry), he became their only to kill my people.” dral. Good Shepherd. They heard and recognized his voice when they Romero’s letter went unheeded. More than 100,000 people turned became convinced that he was Two months later he would be a up. They “were applauding him, ready and willing to lay down his victim of the violence he had de- and you could see him grow life for them. nounced. (In spite of the UN Truth stronger. It was then that he Commission having called the vio- crossed the threshold. He went All Romero could do was speak lence in El Salvador “genocidal”, through the door. Because, you the truth and that he did fearlessly the U.S. sent $1.5 million in aid know, there is baptism by water, and freely: “The criterion that will every day for 12 years.) and there is baptism by blood. But guide the church will be neither there is also baptism by the peo- the approval of, nor the fear of, Parable of the wheat ple,” related Inocencio Alas in men and women, no matter how Oscar Romero: Memories in Mosaic. powerful or threatening they may Oscar Romero’s martyrdom was be. It is the church’s duty in his- not something that he had person- Romero learned, as has been aptly tory to lend its voice to Christ so ally, carelessly or egoistically put by Renny Golden, a co-author that he may speak, its feet so that sought after. This was confirmed of his life, that: “the church is more he may walk today’s world, its in his conversation with Jorge than the hierarchy, Rome, theolo- hands to build the reign of God…” Lara-Braud, a Presbyterian friend gians or clerics — more than an (6 Aug 1977). and a leader among Latin Ameri- institution — but that night he ex- can theologians: perienced the people as church.” He was very clear about his role: “To try to preach without referring “I’ll tell you the truth, Doctor, I “God needs the people them- to the history one preaches in is don’t want to die. At least, not selves,” he said, “to save the not to preach the gospel. Many now. I’ve never had so much love world…The world of the poor would like a preaching so for life! And honestly, I don’t teaches us that liberation will ar- spiritualistic that it leaves sinners think I am meant to be a martyr. I rive only when the poor are not unbothered and does not term don’t feel that calling. Of course, simply on the receiving end of idolaters those who kneel before if that’s what God asks of me, then hand-outs from governments or money and power. A preaching there’s nothing I can do. I only ask from the churches, but when they that says nothing of the sinful en- that the circumstances of my death themselves are the masters and vironment in which the gospel is not leave any doubt as to what my protagonists of their own strug- reflected upon is not the gospel” true vocation is: to serve God and gle for liberation.” (18 Feb 1979). to serve the people. But I don’t want to die now. I want a little Speaking the truth In an audience in May 1979, more time...” Romero presented the pope with On another occasion he would seven dossiers which docu- But like the grain of wheat in the declare: “If some day they take mented deaths, disappearances, parable he preached on, just min- away the radio station from us . . . and damning evidence of human utes before he was felled to the if they don’t let us speak, if they rights abuses in El Salvador. It ground during Mass (a Catholic kill all the priests and the bishop made a lot of powerful people at celebration of Christ’s giving of too, and you are left a people with- home furious and he received in- himself), he was ready to yield, so

Aliran Monthly : Vol.25(2) Page 14 that he, in his very own words, would “be resurrected in the Salvadoran people.” A Future Not Our Own May God grant us the same grace He gave to Oscar Romero - to be It helps, now and then, to step back freed of our comfortable and safe and take the long view. religious practices and/or our The kingdom is not only beyond our efforts, comfortable middle-class lifestyles it is beyond our vision. and to rise to a new life for others. We accomplish in our lifetime only a tiny fraction of May we be a voice to the voice- the magnificent enterprise that is God’s work. less – the communities (what- Nothing we do is complete, ever their colour, creed or cul- which is another way of saying ture) in Malaysia who are dis- that the kingdom always lies beyond us. placed, deprived, dispossessed and disempowered. No statement says all that could be said. No prayer fully expresses our faith. May we dare to risk speaking up No confession brings perfection. for those disillusioned by the No pastoral visit brings wholeness. empty and broken promises of No program accomplishes the church’s mission. politicians, demoralised by the No set of goals and objectives includes everything. slow grinding wheels of justice, and drowned in a vicious cycle This is what we are about: of poverty and violence, and We plant seeds that one day will grow. who end up with their young, We water seeds already planted, dysfunctional – and turned into knowing that they hold future promise. subject matter to be documented We lay foundations that will need further development. and eventually damned into ob- We provide yeast that produces effects livion!. beyond our capabilities.

May we be courageous enough We cannot do everything not to take the path of compromise and there is a sense of liberation in realising that. or convenience laid out by the This enables us to do something, powerful but be on the side of and to do it very well. those who have no cash, credit, It may be incomplete, but it is a beginning, clout, “cables” or connection. a step along the way, an opportunity for God’s grace to enter and do the rest. May we learn to overcome our fears and rise in boldness to de- We may never see the end results, nounce unjust laws such as the but that is the difference between the master builder Internal Security Act, which (re- and the worker. tired) Archbishop Soter We are workers, not master builders, Fernandez had so rightly, in 1987, ministers, not messiahs. called “an immoral” law. q We are prophets of a future not our own.

Martin Jalleh is a social Oscar Romero, commentator based in Archbishop of El Salvador, Penang.Penang.Penang. assassinated on 24 March 1980

Aliran Monthly : Vol.25(2) Page 15 ENVIRONMENT Mother Nature in crisis The economics of greed and power is leading us to an environmental catastrophe by Young Malaysian

oday, we are facing a TT very critical situation. We TTT have droughts, our wa- ter resources are deplet- ing and we have to put up with the recurrent haze. The scorching weather is sparking forest fires, which in turn produce haze. We may be able to put up with the haze but what about our deplet- ing water resources? Where are we going to get sufficient water to put out the forest fires?

Well, do you know why this is happening? I believe there are two main reasons for this environment Penangites will no longer be able to enjoy Gurney Drive crisis: the economics of greed and the politics of power. destruction of the environment The lack of water catchments to- in the name of development. For day to support our daily water Many of us would like to think that example, Penangites will no consumption is largely due to our we have a mixed economy system, longer be able to enjoy Gurney sense of greed and arrogance in in which the private sector and the Drive, as we know it, once the dealing with Mother Nature. Why government work hand-in-hand Penang Outer Ring Road is built. do you think our dams are getting to develop its economy. But have Think of the Orang Asli land drier by the day? we ever thought about what is that is being taken away from the pushing these two groups to- community for so-called devel- We are driven by greed and it is wards unsustainable economic opment. this same greed that is “killing” development? It is greed - and we us today. We have built malls, of- are asking for trouble because An economy based on greed is fices, and apartments - but do any economies based on greed are also based on unplanned devel- of these projects have clear devel- void of moral, ethical values and opment.opmentopment When we don’t plan, opment guidelines from the rel- common sense. everything goes. And what goes evant authorities? is the enivironment: trees, rivers, An economy based on greed is hills, and animals. For example, Projects such as land reclamation not simply driven by profit when an apartment is built on a and landfills are also taking their maximisation and cost reduc- hillslope, we are sacrificing much toll on Mother Earth. We seem to tion. It also engages in wanton of our natural resources. have succumbed to these kinds of

Aliran Monthly : Vol.25(2) Page 16 Power is not used to build but to destroy. projects because of penchant for ronmental degradation, then the weather is scorching hot and the unplanned development. reverse is true: it has the power to haze will be around forever. We produce an environmental crisis! will continually pay the price for Now, there is talk that we might So again, what sort of power are our economic and political sys- have to resort to water rationing. we talking about? Power that is tem that is based solely on greed In Penang?! What next? Drinking not rooted in morality, ethics and and power. bottled water priced at RM1.20- common sense? RM2.00? A time will come where there will Our politicians and their political be no turning back. Mother Na- I remember jokingly telling a machinery have been used to fuel ture has been swift in reacting in friend that I wanted to dip myself our economy based on greed. the past. Look at the Highland in a river due to the hot weather. Power is not used to build but to Towers incident, at the massive My friend promptly asked, “Is destroy. Instead of respecting landslides along the PLUS high- there a river in Penang?” Mother Earth, it disrespects it. way, the long dry spells and now growing scarcity of water. We have often heard of the saying The politics of power has been “our resources are enough for our fuelling our economy to such an We are pushing the limits and, if needs but not for our greed” - but extent that massive projects can we carry on this way, an environ- we seem to be unable to learn any- go on without complying with mental crisis beckons in the near thing from it. specific environmental laws or future. It will be too late for any EIA reports. apologies or U-turns then, too late The politics of power is a little to reverse the environmental deg- tricky. We need to ask questions Just look at our Bukit Cahaya park radation. like does this unplanned develop- in Shah Alam. Did our politicians ment aimed at securing votes, do really not know what was hap- An environmental crisis is immi- we have enough knowledge and pening in their own backyards? nent if this vicious cycle (pls. refer personnel for enforcement, is our How was it possible that such de- to diagram) of environmental deg- Public Works Department up to velopment could proceed unhin- radation is not stopped. q the job, is our Department of the dered without the knowledge of Environment monitoring and en- the powers-that-be? Surely, there forcing all laws without fear or is something amiss here. Young Malaysian is an favour? If not, what sort of power activist trying to raise are we talking about? We are paying the price today for social awareness among all this unplanned development. the youth.youth.the If the powers-that-be have no Dams are drying up, the droughts power to stop this wanton envi- are getting longer by the year, the

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Aliran Monthly : Vol.25(2) Page 18 surveying the area from a helicop- ter.

The MB, away on an overseas trade trip when the issue broke, quickly ordered a halt to all land clearing activities as soon as he returned. He also pleaded that approval for these development projects was given prior to his time in office.

Then it was the ‘exco village’ in section 7, Shah Alam. Another DAP assemblyman Teng Chang Khim – inspired by the toyol?- blew the whistle this time. The vil- lage comprised 10 large bunga- lows, fully furnished with bed- room and dining room sets, a club- Toyol on the loose? whistle on the proposed ‘study house with a swimming pool, and tour’, sparking a public outcry, other recreational facilities. The It appears that someone has re- which in the end saved tax-pay- MB, this time in town, quickly leased the toyol from its bottle and ers RM80,000. But our little toyol clarified that it was an ‘officers’ s/he is now wreaking havoc for must have been working overtime. complex’ meant for senior state of- the Selangor MB. First there was For the Selangor PAC deputy chief ficers. Some of the existing houses the proposed overseas trip by the Ahmad Bhari Abdul Rahman, were old, even leaking. He just Selangor Public Accounts Com- who was going to lead the trip, wanted to give the officers ‘a mittee (PAC) to study best PA prac- threatened to deduct Ng’s proper place to stay’. And the club- tices in, of all places, Egypt! The monthly allowance in order to pay house was, uh, ‘for meetings,’ per- eight-day trip was to include a for the aborted trip! Back from a haps to host official functions too. cruise along the Nile, a visit to the haj to Mecca, the MB then stepped pyramids and other tourist attrac- in. Not influenced by his near He admitted though that some tions, a belly dancing perform- namesake, Mohamed Khir Toyo exco members who lived away ance, and discussions with Egyp- announced that he had not been from the capital could stay there tian PA officials, uh, pending con- informed of the trip and the state as well while attending meetings. firmation. would not underwrite the costs Even if that was the case, why was incurred. there need for a swimming pool Luckily DAP Assemblyman for and other recreational facilities? Sekinchan Ng Suee Lim blew the Next came the massive land-clear- And why couldn’t such official ing of some 1,200 ha functions be held in the well- of forests by 35 devel- equipped Kelab Shah Alam, just opers in Shah Alam. next door? Too public? Too many Conducted at the toyols there? edge of the Cahaya Q Q Q Q Q Seri Alam Agricul- tural Park, the green Sepang Gold Coast belt next to Putrajaya, the land clearing And then there was the Sepang threatened the ecol- Gold Coast project. A joint venture ogy of the area. In this between Permodalan Negeri case, the prime min- Selangor Bhd and Sepang Bay ister himself ex- Sdn Bhd, the project would in- pressed concern after volve developing 1,492 ha of land

Aliran Monthly : Vol.25(2) Page 19 Government loan of RM962 mil- lion. Plus, the concession period would be extended by another 8 years and 7 months i.e. from 2030 to 2038, making it a total of 50 years!

This would be the third occasion the concession period is extended (the first extension extended the and would cost RM4 billion. Just earlier this year, toll charges period by five years to 30 years Meant to rival the Gold Coast in on the North-South Expressway and the second in 1999 by 12 years Queensland, or even Miami, were increased. Works minister to 42 years i.e. an extension from Florida, the project would entail a Samy Vellu explained then that 2018 to 2030). ‘massive holiday paradise com- PLUS had been most cooperative plete with a Jurassic theme park, and had on several occasions Put a stop to this PLUS, PLUS, a nature resort, an open zoo and agreed to postpone implementing PLUS. We say ‘open the books’ - even a replica of Venice.’ Alas, it the increases that were its due as for Samy cannot be trusted to rep- would involve the destruction of per its concession agreement with resent the public’s interest? mangrove swamps and land rec- the government. Hence PLUS had lamation in the ecologically sen- acted ‘in the public interest.’ Yeah, Q Q Q Q Q right. sitive Bagan Lalang-Tg Sepat Whither Public area, a shoreline stretching 22 km. Thanks to the PM’s call for the It was now Samy’s turn to be fair Interest? preservation of mangrove to PLUS. There were plans to up- swamps, which had protected grade the highway from four to six These questions are increasingly coastal villages from the full ef- lanes between Rawang and Ayer pertinent as the people are hit by fects of the tsunami in December, Keroh and between Rawang and increased charges for all kinds of the entire project has been scaled Tg Malim. Relocation of the privatised services and utilities down to ‘a cosy hideaway featur- Jelapang toll gate, the site of many these days. And yet there is no ing clusters of chalets branching fatal accidents, was also in the transparency in the approval of out into the sea.’ offing. Hence the toll increases these hikes, whether it is for the earlier this year were more than N-S Expressway, the telephone, There are now plans to con- fair, the minister assured us. postal services, electricity, sewage struct a new power plant in Port disposal, and soon for water as Dickson, just 5 km away from Samy Vellu also refuted specula- well. Regulation in the public in- the proposed Gold Coast. Coal- tion that construction of the new terest is especially important based, the plant could heat up lanes and relocation of the when essential public utilities and the area. ‘Who would want to Jelapang toll gate - which would services have been put in the come to a beach resort – no mat- cost some RM1.37 billion - would hands of private monopolies. In ter how fancy it is if it is going result in a new round of toll hikes. the US, for instance, consumer to be hot?’; certainly the smart- The cost would be shared by the groups are allowed to scrutinise est statement made about the government and PLUS, he re- the books of providers of public entire episode. Was this toyol vealed. But wait a minute! He also utilities to ensure that profits are speaking? added that a new agreement was not siphoned away and that tariff being drawn up with PLUS. increases are justified. Q Q Q Q Q Now, this is worrying. What does Here, there is growing suspicion PLUS, PLUS this new agreement say? To fi- of collusion between the govern- and more PLUS nance the upgrading cost, PLUS ment and these concessionaires. would get to take over the Consider this latest development: What’s in a name? PLUS should Seremban-Port Dickson Highway. contrary to the objections of vari- change its name to PLUS, PLUS, Plus, the upgrading work would ous groups, the government is PLUS. be partially financed by a Federal now going to amend the law to

Aliran Monthly : Vol.25(2) Page 20 allow PLUS to fine those who com- forest reserve on Sept 19 1987 to a ers Federation, the majority of mit ‘toll fraud’. This is based on group of ten people including his these jobless graduates lack the PLUS’ claim that it has been los- relatives. necessary ‘soft skills’ i.e. the abil- ing about RM2.5 million a year ity to communicate effectively and due to suspected fraud by 3,500 In January 1994 Pairin was found to analyse and solve problems ef- users, mostly lorry drivers. PLUS guilty of the first charge by the fectively. Another complaint is investigations revealed that there High Court and fined RM1,800, that most of them are in the ‘wrong might have been 709 errant cases which was not large enough a fine fields of study’; instead of being out of 221,375 road users on Jan to terminate his political career. IT-savvy, they are arts and hu- 19, and 311 out of 158, 343 road However, there was no follow-up manities graduates. Yet others say users the following days. on the other two charges. that it is ‘the quality of graduates’ that is the main factor. Yet Samy has whimsically dis- In March 2005, the court reviewed missed the proposal that PLUS the two remaining charges which Well, one way to solve the prob- should call in the police, and that had been lying in the courts for lem of those lacking IT skills we resort to the court in case of a more than a decade. Pairin’s law- might be to retool them for a pe- dispute on such occasions. In fact, yer, of course, pleaded that he be riod of time. Those not able to com- he has claimed that doing so is acquitted. However, the DPP municate effectively, we might not practical, besides being cum- asked that the two pending want to put them through a crash bersome and time consuming. But charges against Pairin be with- course based on Dale Carnegie’s this is the crux of the matter, Samy. drawn and that Pairin be dis- How to Win Friends and…. It’s called natural justice and in charged. keeping with common law. This In fact, a more general problem is public interest. To this, the judge (different from facing these graduates is that they the original one) declared that ‘to might be under-trained. Recall Q Q Q Q Q make an order as sought by the that in the early 1990s, we changed DPP would open the court proc- the 4-year honours university sys- Justice perverted ess to abuse as the charges could tem to a three-year one? That was be brought up again.’ Tellingly, the a time when the economy was Yet, in a perverted way, Samy DPP replied that ‘these were the booming and there were lots of might have a point: going to the instructions given to me’! jobs a-begging. Against the pro- courts can be time consuming and tests of university dons, the cumbersome. Ask Joseph Pairin Fortunately, the judge this time changes were pushed through by Kitingan, once chief minister of was learned enough and Pairin our present deputy prime minis- Sabah when Parti Bersatu Sabah was discharged and acquitted. ter, then education minister. Yet (PBS) was in the opposition from No doubt, too, the DPP had not we pretended that chopping off a 1985-1994. pursued his case because Pairin year of learning in the university and his PBS were now back in the did not compromise standards. Three charges of graft were BN fold. brought against him in Jan 1991. Ask any lecturer who has taught The first charge was for approv- Q Q Q Q Q under both arrangements and ing a RM1.483 million contract for they will immediately tell you that 12 two-storey shoplots in Our unemployed one additional year made a world Tambunan on Sept 11 1985 to graduates of difference. Fortunately, the mat- Rimkaya Sdn Bhd in which his ter is under investigation and it is relatives were directors and share- Numerous people, not least the not unlikely that we might revert holders. The second charge was prime minister, have expressed to the four-year system. The pre- for awarding a RM1.5 mil contract concern about the 80,000 unem- vious education minister, who in Nov 13 1985 for the construc- ployed graduates. Among other once ran a university and who tion of a road to Pakarama Sdn things he has directed those in had strong reservations about the Bhd in which his brother-in-law charge of curriculum develop- three-year scheme, at least, was was director and shareholder ment to seek the views of the pri- pushing for it. while the third charge was for ap- vate sector. According to the exec proving 2,000 ha in the Bonggaya director of the Malaysian Employ- There was also the proposal, a

Aliran Monthly : Vol.25(2) Page 21 too ‘ethnic-sensitive’. For if it is true that that rude youth in the commuter train unfairly repre- sents the Malay community, then it should have been equally dev- astating to the Malay community if it were to consider the misbe- haviour of certain members of UMNO Youth who broke the door and barged into the APCET II meetingand disrupted a serious conference on peace some years ago in a KL hotel. Then there was the case of a certain Malay deliv- ering a blow to a blindfolded Malay, thereby causing a black eye for the word to see. Q Q Q Q Q silly one, to absorb these In the ad the Malay youth was por- Malaysia Boleh unemployables into the teaching trayed as someone who was self- profession. Imagine the conse- ish enough not to vacate his seat Finally, a joke making the rounds: quences, people lacking ‘soft for a pregnant woman and a blind skills’ and of poor quality gener- man. The primary objective of the After digging to a depth of 100 ally, teaching our young in ad was surely to instil among all metres last year, Russian scientists schools! Malaysians the need to be consid- found traces of copper wire dat- erate to others especially the eld- ing back 1000 years, and came to But the icing on the cake was the erly and the disabled. But given that the conclusion that their ances- March 28 statement by the minis- Malaysian society is so heavily tors already had a telephone net- ter in the prime minister’s depart- drenched in ethnic considerations, work one thousand years ago. ment that there were only 18,070 that simple but vital message was graduates who were jobless, not apparently lost as zealous politi- Not to be outdone, in the weeks 80,000 as claimed by certain cians tried to ‘save’ the ‘dignity’ of that followed, American scientists groups (does this include the PM their own community. dug 200 metres and headlines in himself? The VC of UKM? ) By his the US papers read: ‘US scientists sleight of hand he hopes to dis- Being rude is not and cannot be the have found traces of 2000-year-old miss public discussion of a seri- preserve or monopoly of a particu- optical fibres, and have concluded ous problem. lar community. It is a trait that is that their ancestors already had found in all human beings, and this advanced high-tech digital tel- Q Q Q Q Q is why there is the constant need to ephone 1000 years earlier than the remind us all of the importance of Russians.’ The controversial being gentle and considerate. Con- malaise versely, gentleness and politeness One week later, the Malaysian cannot be associated with one par- newspapers reported the follow- Courtesy campaigns normally do ticular community. ing: ‘After digging as deep as 500 not arouse much enthusiasm and metres, Malaysian scientists have attention from the Malaysian Therefore the rude Malay youth found absolutely nothing. They public. But recently the TV ad that in the courtesy ad represents our have concluded that 5000 years showed a rude train commuter of human race. That person, in an- ago, their ancestors were already ethnic Malay descent stoked the other scenario, could be someone using wireless technology.’ ire of some Malay parliamentar- from the Chinese or Indian com- ians because they felt that the ad munity. Proud to be a Malaysian.... had maligned the Malay commu- nity particularly its youth. There is indeed a danger of being Q Q Q Q Q

Aliran Monthly : Vol.25(2) Page 22 RELIGION Understanding Fatwa in the Malaysian context The purpose of a fatwa should be to offer an opinion – not to silence alternative views by Rajen Devaraj

e have often heard the WW term “fatwa” being ban- WWW died about. Several months ago, the Na- tional Fatwa Council issued a fatwa prohibiting Muslims from taking part in SMS contests. More recently, Syed Ibrahim Syed Noh, in his article ISA Is Against Islam highlighted efforts made by vari- ous quarters to get State Muftis and the National Fatwa Council to state their position on the ISA (Aliran Monthly 2004: Vol.24 No.8).

What exactly is a fatwa? Who makes it and what are the legal implications of a fatwa in the Malaysian context?

What is a fatwa?

Linguistically, fatwa means ‘an answer to a question. A fatwa is usually issued in order to resolve an issue when there is some doubt whether a particular practice is permissible (halal) or forbidden (haram) in Islam. In Islamic juris- prudence, a fatwa is the opinion of a scholar based on that schol- ar’s understanding of Islam, the scholar’s knowledge of the sub- ject in question, and the social

Aliran Monthly : Vol.25(2) Page 23 milieu that raised the issue or creation of the “Majlis Agama Is- Islam Selangor (appointed by the question (Demystifying the Fatwa lam Selangor” (Selangor Islamic Majlis), between two and seven fit by Dr. Maher Hathout ). Indi- Religious Council). It is the duty and proper persons appointed by vidual scholars have been known of the Majlis to advise the Sultan the Majlis, and an officer of the to express differing opinions of Selangor on all matters relating Mufti’s Department who serves as when addressing the same issue to Islam, except matters of Hukum its Secretary. in a changed environment or situ- Syarak. The Majlis is also respon- ation (Muslims in the West Need sible for promoting the economic Whenever the Committee pro- Contemporary Fatwa by Dr. Taha and social development of the poses to make a fatwa the Mufti Alalwani). Muslim community in Selangor. has to call for the meeting of the Committee for the purpose of dis- Constitutional All members of the Majlis (exclud- cussing the proposed fatwa. Before Framework ing the ex-officio members) are the Committee makes a fatwa, the appointed by the Sultan of Mufti may decide that research In Malaysia, Islam is a state mat- Selangor on the advice of the should be carried out and a work- ter. The Sultan is the head of reli- Menteri Besar. (The Majlis con- ing paper prepared. After the gion in his own state. The Yang sists of a Chairman, a Deputy fatwa is prepared, the Mufti will, di-Pertuan Agong is the head of Chairman, five ex-officio members on behalf of the fatwa committee, religion in his own state as well (the State Secretary, the State Le- submit the fatwa to the Majlis as the head of religion in the Fed- gal Adviser, the State Financial Agama Islam Selangor. eral Territories and all states with- Officer, the Mufti and the Chief out a Sultan. Since religion is a Police Officer) and not more than The Majlis will discuss the matter state matter, family and personal eight other members, at least five and if it so decides will ask the laws governing Muslims as well of whom shall be persons learned Sultan for his assent to publish the as laws relating to religious of- in Hukum Syarak.) fatwa in the Gazette. (In Kelantan fences are promulgated by the re- and Johore, as well, the assent of spective states in the Federation, Advising the Sultan on matters of the Sultan is required before a rather than by Parliament. Parlia- Hukum Syarak is the responsibil- fatwa can be gazetted. In the Fed- ment can only pass legislation on ity of the Mufti. Appointment of eral Territories however, it ap- such matters when it comes to the the Mufti and Deputy Mufti is the pears that the Mufti can make and Federal Territories. sole prerogative of the Sultan of publish a fatwa in the Gazette Selangor. (In the case of Johore, the without the consent of the Agong.) Islamic Affairs at Sultan may seek the advice of the When the fatwa has been assented the State Level Ruler in Council when appoint- to by the Sultan, the Majlis will ing the Mufti and Deputy Mufti inform the State Government of the The manner in which Islamic af- while in the Federal Territories, the fatwa and the fatwa will be pub- fairs are organized at the state Yang Di-Pertuan Agong must con- lished in the Gazette. level is laid out in the Adminis- sult the Majlis and may seek the tration of Muslim Law advice of the Minister in appoint- The fatwa upon being published Enactments. These state-based ing the Mufti and Deputy Mufti.) in the Gazette becomes binding on Enactments are generally similar every Muslim in the State of in content – but not identical to Making Fatwa Selangor. The Enactment states one another. that it is a Muslim’s religious duty Under the Enactment the power to abide by and uphold the fatwa, To understand the institutions to make a fatwa rests with the unless he is permitted by Hukum and mechanisms involved, let us Fatwa Committee. The Fatwa Syarak to depart from the fatwa in consider the case of Selangor. Committee consists of the Mufti matters of personal observance. (who serves as the Chairman), the The Administration of the Reli- Deputy Mufti, the State Legal Ad- In issuing a fatwa, the Fatwa Com- gion of Islam (State of Selangor) viser, two members of the Majlis, mittee is expected to follow the Enactment 2003 provides for the an officer of the Jabatan Agama tenets of the Syafie School. How-

Aliran Monthly : Vol.25(2) Page 24 ever if the Committee believes that tion - the matter will be returned Under the Syariah Criminal Of- following the tenets of the Syafie to the Majlis Agama Islam fences (Selangor) Enactment 1995, school would lead to a situation Selangor. It will then be up to the any person who gives, propagates repugnant to public interests, the Majlis to decide if it wants to ask or disseminates any opinion con- Fatwa Committee can turn to the the Sultan of Selangor for his as- trary to any fatwa that is in force is tenets of the Hanafi, Maliki or sent to publish the fatwa in the also guilty of an offence. Such a Hanbali schools. If the Fatwa Gazette. person shall on conviction be li- Committee is of the opinion that able to a fine of up to RM3, 000 or none of the four schools can be fol- This means that even though the sent to jail for up to two years. lowed without leading to a situa- National Fatwa Committee recom- tion that is repugnant to public mends that a particular fatwa be Having looked at procedure in interests, then it can resort to made, the ultimate prerogative of relation to how a fatwa is made, ijtihad (the exercise of independ- whether such a fatwa should be there are several issues that we ent judgment) in making the gazetted lies with the Majlis might want to think about. fatwa. Agama Islam Selangor and the Sultan of Selangor. Fatwa as law? National Interests There are a whole range of situa- When it appears that a proposed Criminal Offence tions in which Muslims would fatwa may affect national interests appreciate having a point of ref- a slightly different procedure is set Each state has the power to de- erence as to what is allowed and in motion. (A fatwa is deemed to cide what constitutes religious of- what is not. Are Muslims allowed affect national interests if it fences and to prescribe punish- to give and receive blood? Are or- touches on any matter, policy, pro- ment for a Muslim who commits gan transplants allowed in Is- gramme or activity which directly such offences. The penalties meted lam? Is a person allowed to use affects the interests of the Federal out, however, have to be in accord- contraceptives? Can a Muslim Government, a state government ance with the Muslim Courts make use of a sperm bank? These or any of its ministries, depart- (Criminal Jurisdiction) Act 1984. and many other issues have been ments or agencies) Under the Act, the Syariah Court addressed by Muslim scholars in is only allowed to impose a jail Malaysia and the specific an- The Fatwa Committee is required term of up to three years, impose a swers to these issues can be found to adjourn its discussions on the fine of up to RM5,000 or order that at JAKIM’s e-fatwa website: http:/ fatwa and submit the matter to the a person be given up to six strokes /ii.islam.gov.my/e-fatwa. (JAKIM Majlis Agama Islam Selangor. The of the cane. stands for Jabatan Kemajuan Is- Majlis may decide to refer the pro- lam Malaysia. JAKIM’s website posed fatwa to the National Fatwa In the case of Selangor, the Syariah provides a list of fatwa that have Committee, through the Confer- Criminal Offences (Selangor) En- been issued by the National Fatwa ence of Rulers. But before the mat- actment 1995 states that any per- Council and individual states.) ter is referred to the National son who defies, disobeys or dis- Fatwa Committee the Majlis has putes a fatwa shall be guilty of an One can thus appreciate the use- to first get the assent of the Sultan offence and shall on conviction be fulness of religious edicts - a of Selangor. liable to a fine of up to RM3, 000 source of guidance in a rapidly or sent to jail for up to two years. It changing world. However is it re- If the National Fatwa Committee was in accordance with this pro- ally necessary that a fatwa be (comprising the Muftis from all vision that three young Muslim gazetted and have the force of law the individual states as well as women were arrested by the behind it, leading to a situation five other Muslim scholars ap- Jabatan Agama Islam Selangor where those in breach of the fatwa pointed by the Agong) recom- (JAIS) in 1997 and charged in commit an offence? Would it not mends that the proposed fatwa be court for violating the fatwa that be better if a fatwa was not a hard made - and the Conference of Rul- forbids Muslim women from par- and fast ruling but rather the opin- ers agrees with the recommenda- ticipating in beauty contests. ion of religious scholars which

Aliran Monthly : Vol.25(2) Page 25 the public have the option to refer sembly and Parliament? The state portant role to play in determin- to when there is a need? legislative assembly, by way of ing how Islam is understood. law, has given away a lot of power However, in light of the broad spec- What if one to the Majlis Agama and the trum of views in the Muslim disagrees? Fatwa Committee. As a result of world, what certain religious this, the state legislative assembly scholars have to say need not be Is it necessary to make criminals has absolutely no say - nor is it cast in stone. Moreover, in a de- out of those who hold a different even informed – when a fatwa is mocracy other voices have a right view? In Selangor, a fatwa stating issued and a particular activity to be heard and everyone should that smoking is haram was suddenly becomes a crime and be given the freedom to venture an gazetted in 1995. (Incidentally, attracts penalties. opinion even on religious matters. there are only three states – Indeed, Islam has a rich history of Selangor, Kedah and Perlis - Some might argue that this is debate and dissent and we as a where there is such a fatwa. Only merely another case of delegated nation must evolve a system that in Selangor has this fatwa been legislation – not unlike Regulations allows for this plurality of views. gazetted.) Technically what this made by the Minister or by-laws means is that JAIS can arrest any made by some Municipal Council. Legislation that allows a fatwa to Muslim who smokes in Selangor! Such an argument trivializes the become law and makes it a crime Is it reasonable to fine a Muslim unparalleled powers vested in the to dissent stifles the limited demo- or send him to jail merely because Majlis Agama and the Fatwa Com- cratic space that we have. It also he does not agree that smoking mittee. No one is going to fine you weakens the authority of elected should be considered as such a or send you to jail for publicly disa- bodies like the state legislative as- serious an offence? greeing with some municipal by- semblies and Parliament. law in Shah Alam or for publicly Members of the public are free to criticizing the Human Resources The purpose of a fatwa should be to raise questions and express res- Minister for some Regulation that offer an opinion – not to silence al- ervations about articles in the Fed- he has made. In the case of a fatwa ternative views - and the law needs eral Constitution or vehemently that has been gazetted, however, to be amended to create a climate, criticize Acts of Parliament such the mere act of expressing a differ- which strengthens democratic in- as the Internal Security Act. In fact, ing opinion is an offence that can stitutions and encourages rather dissent and constructive criticism lead to a fine or a jail term of up to than stifles discussion and debate. are part of our democratic culture. two years! Isn’t it important that this demo- Reference: Islamic Law in Malaysia: cratic space also extends to the The state legislative assemblies Issues and developments by whole arena of religious fatwa? and Parliament, institutions that Mohammad Hashim Kamali q derive their mandate from the Having edicts that are sacrosanct rakyat, must be the institutions and which cannot be criticized that deliberate and determine Editor’s Note: Aliran car- has no place in a modern demo- what constitutes an offence. And ries this article in the spirit cratic state. The purpose of a fatwa they must be firmly in control of of encouraging discussion, should be to offer an opinion, not this process – especially when it including discussion on to silence discourse. involves fundamental liberties. matters that are con- The state legislative assemblies nected with religion. We Whither the role and Parliament have committed believe that all Malay- of elected a grave error by giving away so sians are entitled to ex- representatives? much power to unelected and sub- press their opinion on such ordinate institutions. matters provided they do Finally, if certain activities are to this in good fate and in a be criminalized and penalties im- Allow for a rational and measured posed, shouldn’t such decisions plurality of views manner.manner.manner. be firmly in the hands of elected bodies like the state legislative as- Religious scholars have an im-

Aliran Monthly : Vol.25(2) Page 26 POLITICAL ECONOMY Putting compassion back into politics

How authoritarian laws and market demands are threatening social cohesion by John Hilley

e live in an increasingly serious ideal of progressive inter- In Shettleston, part of Glasgow’s WWW harsh climate, where vention. Its raison d’être is to fa- marginalised east end, a recent WW ‘emergency’ laws, mar- cilitate private capital and man- report found that life expectancy ket rules and social in- age the social crises of market life. for males is 56 years, 14 years be- equality seem somehow accepted In a world of neoliberal expansion, low the national average. In realities. Three recent Aliran war and social displacement, this schools around here, kids turn up Monthly (Vol. 24, 11/12) articles has seen an all-encompassing for classes malnourished, many got me thinking about why this is surveillance agenda to contain lacking the basic stimuli to engage so. dissidents, protesters, would-be and learn. Politicians and ‘devel- terrorists, economic migrants, asy- opment’ agencies have sought to Norlaila Othman’s informed and lum seekers and errant youth. tackle this disgrace through ‘so- moving account of the brutal treat- And with this comes a blame cul- cial inclusion’ initiatives and ment of her husband and other ture which castigates those at the ‘new economy’ employment as a ISA detainees at Kamunting; Dr. bottom as failed market competi- supposed route out of poverty. But Jeyakumar Devaraj’s searing in- tors. exclusion and alienation cannot dictment of the government’s be turned around by lofty words plans to privatise dispensaries In Britain, the wealth gap under and cheap-rate, service sector (part of the creeping New Labour is now wider than it jobs. Unsurprisingly, voter turn- corporatisation of Malaysia’s was under Thatcher. The Blair out in such areas is among the healthcare system); and Angeline government claim to be cutting un- lowest in the country. Loh’s brass tacks account of poor employment and extending parents struggling to meet the ba- ‘choice’ — another Thatcherite The political class in Scotland are sic costs of their kids’ education. mantra. In reality, millions are liv- also presently exercised by the ing in economic neverland, problem of anti-social youth be- In sum, state repression, free mar- caught between the “poverty haviour, or ‘ned culture’ (akin to ket ‘solutions’ and lifetime anxie- trap” options of subsistence - rate ‘lepak culture’) to give it its catch- ties for those on the social mar- welfare benefits or low-wage em- all label. Fear, loathing and ridi- gins. But, all this is being vali- ployment with minimal security. cule of the ned — ‘non-educated dated by a related social tendency: Criticising Britain’s “low pay cul- delinquent’ — is standard fare at ‘unforgiving individualism’. ture”, the poverty campaign the middle class dinner table. An- group, Rowntree, estimates that guished columnists talk of social Blame culture “12.4 million people (22 per cent breakdown. Dismissals are also of the population) live in house- made of ned behaviour as a class In Malaysia and elsewhere, the holds with net incomes below the issue. It’s a ‘culture thing’, they state has now relinquished any poverty line.” insist, with notional references to

Aliran Monthly : Vol.25(2) Page 27 baseball caps and other peer at- white, Daily Mail prejudice does compassion.” Things some tire. not tell the whole story. In UK cit- would never have once said, they ies with mixed ethnic concentra- now say, he notes, because they Of course, youth and society is a tions, we hear ‘successful’ young have positions and careers to pro- multi-dimensional issue. Much of Asians in BMW cars expound on tect. It’s an acute summary of the the social glue which once bound ‘layabout’, ‘job-shy’ Afro- dark rationalisations made by communities more closely to- Caribbeans. Again, the stereotype those in political office. Yet, selec- gether has come unstuck. Neither antipathies suggest a more corro- tive compassion also permeates can we understate the real fear sive undercurrent of malign indi- the wider society. and violence experienced by vul- vidualism. nerable citizens. Everyone has the Craig Murray was recently re- right to feel safe and protected. But Market culture is obscuring the moved as UK ambassador to youth ‘delinquency’ (a much real political and economic con- Uzbekistan for revealing Uzbek abused term), like poverty, is also text of immigration, ‘problem torture of Al Qaeda suspects and the product of long-term policy di- youth’, asylum seekers, benefit British complicity in the process, rectives and structural decisions, claimants and other social issues. a brave exposure of the UK’s ‘no notably the economic abandon- And the disturbing outcome is a torture’ policy. But what also con- ment of entire communities to the creeping lack of empathy, and vis- cerned him was the lacklustre mercy of market forces. It is no ceral hatred, towards marginal media coverage and public reac- coincidence that the vast majority groups. tion back home. Why, he wonders, of such youngsters come from are people so seemingly uncon- poor areas. Whatever the cultural Selective compassion cerned about their government’s factors, that’s a class issue in my shameful conduct? Indeed, we book. Moreover, what can we say Informing all this is the psychol- may ask, why is there such muted of a schooling system that turns ogy of fear and consumption. concern for the plight of detain- out so many ‘non-educated’ chil- Competitive life is giving rise to a ees generally? One can only sur- dren? dangerous authoritarian mise similar ambivalence towards populism; the ready sacrifice of ISA prisoners. We proclaim uni- Here, unforgiving individualism civil liberties for ‘consumer liber- versal principles of human rights. offers a ready rationale for dis- ties’. People are being conditioned But how much care is really felt placing the blame and extending by state-induced anxieties and the when it’s a ‘suspect’ person in an state powers. Branded as ‘juvenile incessant logic of market survival: anonymous jail? terrorists’, the government is now thus, oil-guzzling Americans turn imposing new punitive Anti So- a blind eye to torture in There is a deep paradox here. We cial Behaviour Orders (ASBOs) in Guantanamo and Iraq; at the have just witnessed genuine and record numbers, a criminalisation opening of an IKEA furniture store generous response to the tsunami approach which, as many child- in London, someone is stabbed in disaster. This, in turn, has raised care organisations have warned, the rush to secure a bargain. From the debate on aid, debt, unfair will only compound the problem. shopping rage to support for emer- trade, poverty and global conflict. Additional ‘name and shame’ gency laws, a pernicious selfish- So, people do grasp the bigger pic- proposals suggest yet another ness is threatening social cohe- ture, albeit in general terms. Yet, turn to lynch mob solutions. sion. And here’s the sting: as at home, narrow individualism many studies now show, the more persists, fostering an often harsh In similar vein, the ‘menace’ of we consume, the less happy we vigilantism in ‘defence’ of the pri- ‘benefit-seeking foreigners’ has seem to be. vate consumer. But it is a politics seen New Labour and the Con- of the self which only intensifies servative opposition compete for When asked recently why he, like fear and disorder. title of toughest party on immigra- others, had little faith in main- tion. A vicarious tabloid press, stream politicians, the black radi- The roll call of decline meanwhile, stoke the fear with cal poet Benjamin Zephaniah put ‘horde invasion’ headlines. But it succinctly: “They’ve lost their As the UK General Election ap-

Aliran Monthly : Vol.25(2) Page 28 proaches, I ruminate on the roll includes a new enlightened take has now responded with other call of leaders who have marked on aid and debt relief. But Africa unprecedented measures, includ- this decline. Heath, Wilson, and poverty concern are strange ing house arrest. Under these Callaghan, Thatcher, Major and habitats for someone more at powers, any suspect, foreign or Blair: a line of prime ministers home, stateside, with Wall Street British, can be forcibly domiciled, from the seventies who saw Brit- financiers. Blair may be taking the curfewed, tagged and denied ain through ‘one nation’ Toryism, flak over Iraq, but Brown, as New other basic rights. Facing parlia- the ‘winter of discontent’ and Labour co-architect, remains the mentary opposition, and limits on Thatcherite individualism, before backroom ideologue of market lib- the bill’s passage before the exist- morphing into vacuous New eralisation. ing legislation expired in March Labourism with its even darker 2005, the government conceded prostration at the altar of market The stuff of that judges could give rulings in forces. nightmares some of these cases. Yet, with or without judicial review, this still Thatcher was, of course, the turn- If Malaysians have seen Vision falls far short of due process, al- ing point. Today, that name can development and ‘boleh nation- lowing the minister extensive new still evoke bad memories, particu- alism’ used to fashion political authority to impose control or- larly here in Scotland. Blair, in consent, they will be familiar with ders. During the Commons de- contrast, was always more enam- the coercive instruments underly- bate, many MPs likened the pro- oured of the Iron Lady, adapting ing it all. In similar ways, Blair’s posals to the apartheid laws in her obdurate certainty into a right- feelgood catalogue — high- South Africa. With other curbs on eous unyielding of his own. growth ‘prosperity’, the home- civil liberties, this now confirms “Things Can Only Get Better”, owning equity boom and assorted New Labour as the most authori- ran the adopted New Labour pop takes on ‘Cool Britannia’— has tarian government in modern Brit- song in 1997. A new dawn, pro- been accompanied by a much ish history. claimed the PM, entering Down- darker assault on civil liberties. ing Street on that sunny July morn- Profit, negligence ing, confirming, for the less eu- In December 2004, the law lords, and abuse phoric, the emptiness and ma- led by Lord Hoffman, ruled that nipulation to come. Eight years detaining terrorist suspects with- But the attack on habeas corpus on, the results: stealth privatisa- out trial was grossly unlawful, is just part of a wider extremism tion, erosion of public services breaching the European Conven- in support of big business. Cor- and an ‘anti-terror’ agenda that tion on Human Rights. The rul- porate freedom is multiplying as even Thatcher would have ing centred on eleven men held sacrosanct legal standards are blushed at. But while Thatcher under emergency powers at being eroded. Yet, ominously for oversaw industrial meltdown, Belmarsh prison. Other conserva- Blair, it is the courts which are denial of society and jingoistic tive law lords were likewise serving to expose this free-market war in the Falklands, Blair will alarmed at the government’s dis- promiscuity. For example, five have to live with the catastrophe regard for statutory rights. Lord company directors are currently of Iraq. Whereas Mrs. T was, at Scott called the executive’s use of facing corporate manslaughter least, the genuine article of ‘con- the Terrorism Act (2001) in this in- charges for the fatal Hatfield train viction politics’, Blair will be re- stance: crash (2000). Here, the court heard membered as the smiling trickster, how a broken track which caused par excellence. “the stuff of nightmares, associated the disaster lay unrepaired for with France before and during the two years, just one of the many Waiting in the wings, sits Gordon revolution, with Soviet Russia in the cost-saving practices prevalent Brown. At his acolytes’ behest, the Stalinist era, and now [through] the within Britain’s privatised rail brooding Chancellor is now at- 2001 Act, with the United King- service. tempting to summon up some car- dom.” ing-sharing street-cred. As his In other Private Finance Initiatives recent African tour suggests, this Home Secretary Charles Clarke (New Labour-speak for privatisa-

Aliran Monthly : Vol.25(2) Page 29 tion) some local councils are in ful at the lack of real alternatives Scotland this July with mass dem- legal dispute with the PFI compa- and complacent smugness of onstrations and assorted ‘guer- nies contracted to maintain pub- New Labour. rilla activity’ at the G8 summit in lic buildings. One big player, Perth. An estimated 200,000 peo- Jarvis, now removed from its rail How do we confront this prob- ple are also expected to converge contracts for negligence, is facing lem? One logical strategy is tacti- on Edinburgh in a Make Poverty criticism over cost-cutting work cal voting, an option favoured by History march, a statement of col- and maintenance in British many Labour voters disgusted at lective anger at the corporate im- schools. Likewise, hospital Blair’s conduct over Iraq. A peratives which are enslaving standards have declined alarm- number of campaigns and poor countries, wrecking societies ingly since the privatisation of websites have also been dedicated and threatening environmental ancillary services, a particular to reducing Blair’s majority, forc- doom. concern being the MRSA superbug ing coalition government and se- which thrives in unhygienic curing a preconditional commit- Again, the response is predictable. wards. Private security firms are ment to proportional representa- The authorities are gearing up for also engaged in routine abuse of tion (PR). The aim here is to neu- the most repressive containment asylum seekers within Britain’s tralise New Labour and seek a operation ever mounted. All po- detention centres. In a recent BBC fairer system like the Scottish Par- lice leave has been cancelled, spe- film, undercover reporters ex- liament. However, with the main cial courts are on emergency posed the racist, violent practices parties nowhere near the level of standby and selected holding of one such company: Global So- co-operation required to effect cells are being prepared for mass lutions Ltd. The name says it all. such change, this is still a long- G8 custodies. Protest groups are term task. under surveillance and the pub- Mood moment lic is being urged to report ‘suspi- Should we refuse to vote, thereby cious activity’. Across the world, experience pushing the system towards an teaches us that reform and social ultimate crisis of legitimacy? This As the big capitalist powers assem- rights always have to be fought is already happening, not only as ble at the luxurious Gleneagles for. And that reality is no more apathetic rejection, but as con- Hotel, we will hear much talk of immediate than when a loved one scious disengagement. However, eradicating third world debt and is being beaten and humiliated in I am not convinced that the long, tackling poverty. But the policing a prison cell, when a person’s life hard struggle for suffrage should measures reveal the summit’s more is jeopardised to facilitate private be so easily sacrificed to anarcho pressing purpose: to impose more health corporations, or when poor inclinations. Ultimately, we still structural privatisation on poor people struggle to meet the basic need parties and legislative struc- countries and find ways of man- costs of their kids’ upbringing. tures. The point is to make them aging the social fallout. In turn, the more participatory. Small left par- G8 Alternatives campaign will Despite the unforgiving tenden- ties like Respect and the Scottish demonstrate to Blair and his elite cies noted, there is a growing frus- Socialist Party will not win a sin- guests that more people are becom- tration in Britain, finding voice in gle seat under the present West- ing informed about the real causes the vacuum of parliamentary poli- minster system, but they are build- of poverty and injustice, global and tics. With the Conservatives ing steady support for an alterna- local. Hopefully, that will encour- widely distrusted and the Liberal tive grassroots politics. age a more compassionate politics Democrats still viewed as sideline at large. q players, Blair knows that the elec- Can direct, on-the-ground politics torate have nowhere else to go. It’s help enliven the process? While Glasgow-based Dr John a bit like having the only shop on this may seem the stuff of banner- Hilley is the author of the island. Many, particularly the waving protest, it is also encour- Malaysia: Mahathirism, young, feel not only disenfran- aging wider and more sophisti- and the New Opposition chised under the first-past-the- cated networks of radical organi- (London: 2001) post electoral system, but resent- sation. That will be apparent in

Aliran Monthly : Vol.25(2) Page 30 REGIONAL Block Burma from chairing ASEAN

If ASEAN awards the chairmanship to Burma, it would lead to the prolongation of misrule, widespread human suffering, economic malaise and threats to regional stability and security.

ASEAN Foreign Ministers, Cebu, ASEAN members have invested in the Philippines the deceitful promises espoused by the regime. 28 March 2005 In the eight years that Burma has Your Excellencies, been a member of ASEAN, none of the promised democratic re- Among the many important top- forms have transpired. On the ics that will be covered during contrary, abuses have intensified, your retreat in Cebu this April, we economic mismanagement wors- hope that discussions about ened and the military has consoli- Burma will take the forefront. In dated its power while severely un- particular we respectfully appeal dermining and intimidating the to you to disqualify Burma from democracy movement and civil chairing ASEAN in 2006. society.

Deferring Burma’s chairmanship Of particular concern is how the that are flooding ASEAN coun- until such a time that the military policies and mismanagement of tries and harming our youth. regime has proven a genuine com- the SPDC continue to perpetuate The SPDC refuses to arrest ring mitment to fulfill its promises of direct threats against regional se- leaders, many of whom are political and economic reforms is curity. We note with particular simply transferring their busi- critical to preserve the credibility concern: ness from opium to ATS pills, and international status of so that the reduction in opium ASEAN. Burma’s military regime, • Narcotics Production and Traf- production is simply a mirage. the State Peace and Development ficking. The regime continues Council (SPDC), has repeatedly to harbour notorious drug traf- • Large Flow of Refugees and manipulated the goodwill of fickers, who are responsible for Asylum Seekers. Well-docu- ASEAN and betrayed the trust a large portion of Ampheta- mented human rights abuses that ASEAN and individual mine-Type Stimulants (ATS) are unrelenting including

Aliran Monthly : Vol.25(2) Page 31 forced labour, sexual violence, operations and is un- forced conscription of child representative. Ab- soldiers, torture and extrajudi- sent from the consti- cial killings, economic sabo- tution-drafting proc- tage and military offences in ess are nine political the ethnic nationality areas. parties representing They continue to force thou- 91 per cent of parlia- sands of Burmese to flee their mentary seats. The re- home country despite the dif- gime arrested ethnic ficulties they face in alternate political leaders, countries. days before the Na- tional Convention reconvened in suitability for the chairmanship • Emphasis on Military Arms mid-February. Ten have been can be reviewed. and Nuclear Acquisition. charged with treason, which is Since 1998 the SPDC has more punishable with a life sentence, ASEAN’s international standing than doubled their military clearly to intimidate delegates has suffered enough because of forces and placed financial pri- from engaging in open discus- Burma. If ASEAN remains silent ority for weapon acquisitions. sions. The process does not have on the issue, we fear that it will This includes the acquirement a shred of legitimacy or credibil- appear to the international com- of nuclear technology from ity, either domestically or interna- munity and the military regime as North Korea. We are extremely tionally. tacit endorsement of the SPDC’s concerned that the SPDC has reign of political, economic and obtained nuclear technology As a result of these misbehaviors, social abuse. If ASEAN awards without demonstrating ad- ASEAN has suffered. As ASEAN the chairmanship to Burma at this equate commitment to uphold- is maturing, the Burmese military time, it would lead to the prolon- ing safety standards. regime is regressing and straining gation of misrule, which has re- valued relationships with key sulted in widespread human suf- • Reneging on Promises of Posi- partners in the international com- fering, economic malaise and an tive Political Reforms. Minis- munity. expansion of threats to regional ters of the regime have repeat- stability and security. edly broken their promises to By immediately announcing the ASEAN that they would re- deferral of Burma’s chairman- A democratic Burma is in the best lease Aung San Suu Kyi and ship, ASEAN will make a decisive interests of ASEAN and the peo- have instead embarrassed stand to show that ASEAN mem- ple of Burma. Only genuine and ASEAN by officially extending bership and leadership must be inclusive reconciliation will en- her detention during the valued and taken seriously by the sure a stable, proud and prosper- ASEAN Summit in Vientiane SPDC. Quiet diplomacy and gen- ous Burma. last November. tle persuasion have clearly been futile. We urge you to request the For these reasons, we call upon The regime-controlled National Philippines to assume the chair you to officially block Burma from Convention is undemocratic in its in 2006 during which Burma’s chairing ASEAN in 2006. q

This urgent memo seeking to officially block Burma from chairing ASEAN in 2006 will be submitted to the ASEAN Foreign Ministers, who are having their annual retreat on 10-12 April 2005 in Cebu, Philippines. Aliran has endorsed this memorandum.

Aliran Monthly : Vol.25(2) Page 32 self in her pants. All taken in (male and female) were herded into lorries and kept in locked cells for many hours.

Datuk Seri Shahrizat’s call for the presence of women officers in all future raids is well taken. None- theless, it is not enough that women officers be included. Sev- eral important matters have to be considered, for example:

b) the authority hierarchy — would the women officers have the authority required to stop errant behaviour? Can they initiate disciplinary ac- Letters must not exceed 250 words and must include the writer's tion? Clearly, in all areas name and address. Pseudonyms may be used. Send letters to : where women authority fig- Editor, ALIRAN MONTHLY, 103, Medan Penaga, 11600 Penang, ures are introduced one must Malaysia or e-mail to : [email protected] Views ask where in the hierarchy expressed need not reflect those of Aliran. If you are sending they are placed and how much by e-mail please include your message in the e-mail body itself. authority they have as well as We do not open attachments to avoid viruses. how much independent agency. Increased postage Religious and Aliran Monthly department raid b) The introduction of women of- ficers per se will not help un- I have read your article regarding The shocking behaviour of the re- less the women appointed are the above and feel for your pre- ligious authorities from the Fed- those who would act fairly and dicament. I fully sympathise and eral Territory Religious Depart- humanely. It can be a futile support your reasons for increas- ment, who raided a nightclub in gesture of tokenism if the ing the subsription rates with im- Jalan Ampang on 20 January, de- women officers are themselves mediate effect. serves the censure of all judgemental of others (male or Malaysians regardless of religion. female) whom they conclude I have always enjoyed reading are “sampah masyarakat” (so- your magazine for which I have It is therefore gratifying to read the ciety’s refuse). If this is so, such subscribed for many years. I am comments of Datuk Seri Shahrizat women officers will not only enclosing my cheque for RM200 Abdul Jalil (Women, Family and condone the cruel treatment of of which RM100 is a donation to Community Development Minis- those they see as “useless”. Aliran from me. The remaining ter) who critiqued the un-Islamic They themselves may actively RM100 can be applied in extend- behaviour of some of the raiding engage in brutalizing the very ing my subscription for the next officers. The New Straits Times (30 women (or men, for that mat- three years or so from the end of January 2005) reported that some ter) whose rights they are sup- my current subscription. of the women taken in during the posed to safeguard. raid were “made to twirl before Looking forward to more and three male officers, allegedly for Clearly, what we don’t need are more interesting articles in your the purpose of assessing the de- officers, whether male or female, good magazine. cency of their outfits.” One wom- who have a holier-than-thou atti- an’s request to use the toilet was tude and whose religiousness is A Caring Malaysian refused and she had to relieve her- not revealed in compassion and

Aliran Monthly : Vol.25(2) Page 33 self-control but in sadistic actions edly committed as far back as Oc- tion and compensation by accused towards those who fall under their tober 1992. He was charged on 4 persons found guilty in sections power. Simply to give such types October 1994. The Sessions Judge 426, 427 and 428 of the Criminal a “courtesy” course is a gross un- convicted Ramanathan on 8 No- Procedure Code. This is certainly derstatement. What they need is vember 1996. But the Session discriminatory and inconsistent a series of courses on the all-mer- Judge only made available her with Article 8(1) of the Federal ciful and all-compassionate at- grounds of judgment on 26 Octo- Constitution which states, tributes of the Almighty. The err- ber 2001. This particular Sessions ing officers must, above all, be Judge has been guilty of the same “All persons are equal before the held accountable. We are thus default, namely, delayed judg- law and entitled to the equal pro- waiting for the Chief Secretary to ments in several other cases. Mag- tection of the law.” the government to let the public istrate and Sessions Judges are know what action is being taken. required to hand down grounds Karpal Singh An internal enquiry to hear all of judgment within six weeks from Member of Parliament parties would be a start but we notice of appeal being filed in need some transparent disclosure criminal matters as ordained by a EPF not prudent of the results of the enquiry (if directive to that effect by the Chief there is one) so that we know what Justice, Malaysia. In disciplinary action will be taken Ramanathan’s case, no reason as well as what will be done to was assigned for the long and in- improve and police JAWI’s raid- ordinate delay in the grounds of ing activities. We hope that the judgment being handed down. well-used phrase “at an appro- This is certainly a manifest denial priate time” will not mean delay and miscarriage of justice. but prompt public disclosure. Such accountability is surely In the public interest, I call upon It is scandalous that the EPF called for as the recent 20 January the Chief Justice to direct an in- Board should give a RM2 billion incident may not be an isolated quiry to be initiated as to why the loan to the National Higher Edu- event. Sessions Judge in Ramanathan’s cation Fund Corporation, a com- case and in several other cases has pany which hardly has any in- Dr Wong Soak Koon been guilty of handing down de- come as reported in the New Straits Kuala Lumpur layed judgments without any ex- Times recently. cuse. The public interest demands this to be done. Although the EPF Board is al- Appoint fit and proper lowed to provide loans to any persons as Magistrate In my view, it is judicial miscon- company incorporated under the and Session Judges duct for a judge or a subordinate Companies Act 1965 according to judicial officer to hand down de- Section (d) of the EPF Act 1991, The acquittal and discharge of layed judgments without any rea- the Board as trustee and investor former national coach Mr. C. sonable excuse. should ensure that such a loan Ramanathan by the High Court with interests could be repaid brings into sharp focus the neces- In the meanwhile, I call upon the within a reasonal period to safe- sity of ensuring appointment of fit Government to consider enacting guard the savings of employees in and proper persons as Magis- a law to provide for compensation the country. However, in this case trates and Sessions Judges. and costs of defence to be paid to the EPF Board as well as the In- persons who are acquitted. This vestment Panel are not prudent in In Ramanathan’s case, it took the will certainly discourage vexa- their action by lending money to Sessions Judge nearly five years tious and frivolous prosecutions. a company which is insolvent. to hand down her grounds of judgement. Ramanathan was Presently, there is provision for Tunku Ismail Jewa charged for two offences alleg- payment of costs of the prosecu- Penang

Aliran Monthly : Vol.25(2) Page 34 on the bills. What about the pub- lic - shouldn’t they be briefed on the Bills as well? Shouldn’t their views be taken into consideration and shouldn’t they be assured that these new laws will not lead to water privatisation and exorbi- tant tariff hikes? Instead, Malaysians are still in the dark about these new Bills, especially the Water Services Industry Bill.

After openly stating that it would set up a Parliamentary Select Committee to consider the views of the public, the government ap- A record of Aliran'sAliran'sAliran's stand on current affairs. pears to have gone back on its word. This reneging of a promise Why is the The Constitutional (Amendment) does not reflect well on the Parliamentary Select Bill 2004, which empowers the Barisan-led government; it runs Committee being Federal government to take over counter to Prime Minister bypassed? water management from the Abdullah Badawi’s pledge to in- states, was passed on 18 Jan 2005. stil ethics and integrity into gov- liran is deeply disturbed by the Two more Bills - the National Wa- ernment. What happened to Cabinet’s decision to bypass the ter Services Commission Bill (to “Don’t work for me, but work with setting up of a Parliamentary Se- facilitate the setting up of a regu- me?” How is the public expected lect Committee to solicit views on latory body) and the Water Serv- to work with him when their new water resource management ices Industry Bill - are expected to views are dismissed as of no con- laws for the country. be tabled next month. sequence?

Energy, Water and Communica- The Cabinet had decided on 19 The government has to respond tions Minister Lim Keng Yaik January 2005 that the the bills to the views and needs of the peo- was reported as saying that the would be referred to a Parliamen- ple and not arbitrarily decide Cabinet had decided to bypass tary Select Committee and what is good for them. It should the setting up of a Committee Bernama had even reported that get rid of its “We know best” atti- because his Ministry was well the Committee would be set up tude. This kind of attitude has al- versed with the problems cur- during the current session of Par- ready landed the country in a rently plaguing the industry liament, which began on Monday, mess in many areas and a lot of (The Star, 23 March 2005). 21 March 2005. The Committee, money has already been squan- which was to have been chaired dered, thus burdening taxpayers The government may be aware of by Lim and would have included and the public. the problems facing the industry, Opposition members, was sup- but it is out of touch with the con- posed to go around the country to We demand total transparency cerns of the public, including con- collect feedback and carry out fur- and democratic participation in sumers, civil society groups and ther study - a process that would any attempt to introduce these environmentalists. Many have taken three to six months. laws, which will have far-reach- Malaysians are already sick of ing implications for the manage- privatisation and are worried that Unfortunately the only road-show ment of water resources and for the new laws will pave the way so far has been one carried out by the public. for full-blown water privatisation. Lim’s Ministry, which has so far The views of ordinary visited six states to brief state lead- Aliran Executive Committee Malaysians must be heard. ers and their executive councils 24 March 2005

Aliran Monthly : Vol.25(2) Page 35 The State has The use of state instruments such laws leave them wide open to in- no role in as the police, religious and Rela terpretation and abuse by enforce- policing morality officers to control morality is noth- ment officers, which can lead to ing new. The use of Muslim youth selective prosecution and victimi- It has become apparent in the past to spy on other Muslims, however, sation, usually of those from a few months that we, as is unprecedented. It violates not marginalised class, gender and/ Malaysians, can no longer afford only Qur’anic injunctions but or community. to remain silent over the increas- also common standards of com- ing role of the state in policing the munity trust. Further, it invites The responsibility of the Govern- morality of its citizens. vigilantism. Reported plans to ment is to uphold and protect the rope in non-Muslim youth to spy rights of its citizens to justice, The arrest of a transgender in the on non-Muslim couples indicate equality, freedom and dignity at garden of a friend’s house by reli- how quickly such invasive and all times. gious authorities in Taiping (The authoritarian policies can affect Star, 2 Mar 2005); the Malacca Malaysians. In the spirit of our democratic and Belia 4-B’s campaign to spy on pluralistic society, we, the under- young people under the pretext of We are against the use of these signed, affirm that morality is a controlling morality (Malaysia- state instruments and the indi- matter best dealt with by individu- kini.com, 22 Feb 2005); and the viduals and groups enlisted as als and their families, and we call JAWI raid on a Kuala Lumpur their surrogates to regulate moral- for: nightclub and the subsequent de- ity. How people dress and where, tention and humiliation of ap- how and with whom they social- a) The repeal of provisions in re- proximately 100 Muslim youths ise are personal choices. ligious and municipal laws (Sunday Mail, 23 Jan 2005, p1) are that deny citizens their funda- unfortunate incidents that dem- The outcry following the night- mental right to privacy, free- onstrate how moral policing vio- club raid and detention of some dom of speech and expression lates the personal dignity of hu- 100 Muslim patrons by JAWI of- and those that overlap with mans and their rights as citizens. ficers recently and the case of a the federal Penal Code; couple booked by City Hall en- We question the state’s role in de- forcement officers for holding b) The appointment of a commit- fining and controlling the moral- hands at the KLCC park in Au- tee to monitor the process of ity of its citizens and its use of gust 2003 indicates the Malaysian repealing these laws, includ- punitive religious and municipal public’s concern over the issue. In ing representation from wom- laws. Forced and fearful compli- the past, many similar incidents en’s groups, human rights ance with such laws results not went unreported because those groups, civil society organiza- in a more moral society but a mass who were charged pleaded guilty tions, progressive religious of terrified, submissive and hypo- without legal representation for scholars and constitutional ex- critical subjects. fear of the shame and discrimina- perts; tion of a prolonged public trial. It We are concerned that when reli- is clear that public opinion has c) The strengthening of our plu- gion is so much part of the political changed and that laws must be ralism through community arena, it increases the state’s incli- changed to reflect our increasingly dialogue around morals in our nation to police the private lives of open and progressive society. society, rather than the divi- its citizens. Given the multi-reli- siveness bred by the sub-con- gious and multi-ethnic composi- Any law that attempts to regulate tracting of moral policing and tion of our society, any attempt to a citizen’s life to the smallest de- by neighbours spying on regulate a person’s conscience, tail has far-reaching conse- neighbours. faith or private life has grave im- quences to the point that it be- plications for all citizens and com- comes unjust and unenforceable. This joint statement has been endorsed munities as well as the relation- by more than 50 NGOs (including ships between communities. The vague provisions of such Aliran) and 236 individuals.

Aliran Monthly : Vol.25(2) Page 36 PRIVATIZATION

Confusion reigns: Postpone new rates, Pos Malaysia This letter was not carried by the media. Did it conspire with Pos Malaysia to hide the truth?

os Malaysia should post- to learn that they only received the als overseas without abusing the pone the implementa- photostat copy providing the vari- services provided by Pos Malay- PPP tion of the new rates in- ous rates that very day. He said, sia are now forced to pay more as definitely because the “Kita semua keliru. Briefing pun tak if we are part of this scam. Why? system is not in place. Postal staff faham.” This was three days be- manning the counters are con- fore the date of implementation. What the public fused and unsure of the entire He told us that the machines have doesn’t know process. There is a likelihood the not been programmed for the new consumers may be charged rates and that “people had gone Not many people are aware as of wrongly because callibrated ma- to Fiji regarding the programming 1 March there will be no more first chines are not available to calcu- of the machines.” class and second class mail. All late the rate accurately. letters will have to be sealed. What is the There will be no more “Printed Last Thursday (24 February) when justification? Matter” as a category that offers we approached an official at a What is the rationale? cheaper rate for Malaysians. particular post office on the island Now we have to send those items for information regarding rates for Announcing the new rates and as parcel post. We are told that air/sea mail, we were told that he giving a brief information to the the rate for parcel post weighing hasn’t received the rates yet. He public two weeks before the date up to one kg remains the same at explained that members of the of enforcement is not acceptable. RM2.50. But we are not told that public had dropped by for clarifi- What is the justification for the under “Printed Matter” we were cations which he was not able to rush? What is the rationale for charged RM0.80 for a similar provide. When he called KL for hiking up the rates? weight. Now we are forced to pay answers, he was asked to hold on. more than 200% for sending the This was five days before the new In that announcement on 15 Feb- same item as parcel post. rates were to come into force. ruary we were told that “the changes in the international mail Envelopes now have to be of a At another post office, an official rates were for Pos Malaysia to re- standard size as prescribed. They at the counter revealed that 400 cover costs as a result of misalign- must be made of “non-glossy pa- members of the postal staff were ment of its rates and that of other per of white colour” to be consid- given a briefing on 22 February at countries … The alignment was ered as standard mail (30 sen post- Kepala Batas. He admitted that necessary to prevent Malaysia age for letters weighing up to those experts briefing the staff were from becoming a dumping ground 20gm). If the envelope is brown not able to answer the questions for re-mailing of foreign mails.” or bigger than prescribed, it raised neither were their clarifica- would now come under the “non- tions satisfactory. The postal authorities should go standard” classification (50 sen after those involved in the scam. postage). Any letter weighing On Saturday (26 February) we But instead genuine consumers more than 50 gm is now classi- called on another post office only who post their letters and materi- fied as “non-standard” as well

Aliran Monthly : Vol.25(2) Page 37 and charged a higher rate of 75 staff told us “seperti biasa tetapi is now RM2.70 (previously sen instead of the previous rate of harga baru.” When this RM1.90) - a rise of 42%. 50 sen - an increase of 50%. Advertorial information disal- lowing open-ended wrappers was • For industrialised countries in There are many business con- made known to him, he was per- the Asia Pacific region such as cerns, NGOs, unions and co-op- plexed. Japan, Australia and New eratives that have made bulk pur- Zealand (Zone C), the postage chases of brown envelopes be- We were told by an official - and is now RM3.15, up from cause they are cheaper. They will this was not publicised in the RM2.55 - a 24% hike. now have to pay 50 sen postage media - that bulk mailings of non- (instead of the 30 sen for white en- standard mail (requiring a mini- • The postage for European velope) if they use these brown en- mum of 1,000 letters) would be countries, Russian Federation, velopes to send out their letters - given a rebate of 9% . And if these Central Asia and Middle East, an increase of more than 66%. In items are posted before noon, an- including Egypt (Zone D) is all fairness, they should be given other 1% rebate would be given RM4.00 (previously RM2.55) - time to exhaust their stock before bringing the total to 10%. In other a 57% jump. conforming to the white envelope words, if the postal charges came requirement. up to RM1,000, the actual charge • The postage for countries in imposed would be only RM900. North and South America and Similarly a new problem is cre- But this concession is not ex- Africa (Zone E) is now RM5.30 ated when a 15mm zone of the tended to periodicals. Which (previously RM2.90) - an 83% envelope at the bottom has to be means that although Aliran posts leap. left blank. Pre-printed envelopes nearly 3,000 copies of Aliran in many cases do not have the Monthly, we won’t get any rebate. • A flat rate of RM1.20 used to be 15mm zone. Does it mean these Why? charged for sea mail to any envelopes will be rejected or clas- country in the world. It has sified as non-standard - even Aliran hit badly now been raised to between though they may be white - and RM2.45 and RM2.65 - a hike charged more? The new rates will hit Aliran of more than 100%! badly. The postal charges have Aliran’s 40,000 increased stupendously. Just to • Registration of items, letters, open-ended wrappers give you an idea how we are af- etc. will now cost RM1.40 (pre- fected, the following information viously RM1.00) - a 40% rise. will throw plenty of light. In the one-page Advertorial pub- What kind of profiteering and pri- lished in The Star on 25 February, • It used to be 25 sen to mail the vatisation is this? it was stated “wrappers with AM previously. It was then open ends are not admissable.” hiked to 35 sen. And now, from Because of these higher rates, we Aliran Monthly are sent out in pre- 1 March 2005, it is 50 sen - an are forced to raise our prices, and printed wrappers with open ends, increase of 43%. But wait, we this will affect us tremendously. something that we have been do- will have to apply for a licence NGOs, consumer bodies, unions, ing for more than two decades. We to be entitled to this 50 sen post- environmental groups and co-op- still have 40,000 such open-ended age. If it is denied, the postage eratives deserve special consid- wrappers in stock, printed at a will be 75 sen - an increase of eration. All these bodies selflessly cost. What happens to these wrap- 114% from the earlier rate! serve society. They are not driven pers? Why should we have to in- by the greed of the business world cur this unnecessary loss? • The postage to Singapore and and they shouldn’t be hampered Brunei (Zone A) has shot up to by these new rates. On Monday, 28 February (the eve RM2.65 from the present rate of the implementation date) when of 90 sen - an increase of 194%! Pos Malaysia must surely have a we enquired at the counter of a human face! post office whether we could con- • The postage to developing tinue to send Aliran Monthly in countries like China, India, Aliran Executive Committee open-ended wrappers, a counter Korea and Pakistan (Zone B) 2 March 2005

Aliran Monthly : Vol.25(2) Page 38 A VICTORIOUS CONCLUDION Continued from page 40 guys” also had a role to play - so it seems!

Two brand new blocks of houses stood elegantly at the same place where their old houses were lo- cated. Selangor has not seen low- cost terrace houses being built that often; neither the developer nor the State was eager to build such houses. But in Braemar, all the odds were defied. The people had won. The bricks used to build the new houses didn’t drop from the sky. They materialised as a result of sheer struggle and grit.

Recently, the National Union of Plantation Workers (NUPW) de- clared that they would fight for free houses for plantation work- ers in every estate in the country. They too were humbled by the struggle of the Braemar workers, who had gone into ‘battle’ with- out any help whatsoever from the Union, their employer or the rul- struggle had to continue in the rangement was identical to what ing political parties. Today, the future. Each person took his/her it was like when they were living successful struggle of the workers keys as cameras flashed. These in their plantation homes. Such from Braemar estate and Bukit ordinary plantation workers had incidents could only happen in Tinggi has paved the way for become stars! Braemar – a community that many more similar struggles. dared to fight. The event continued for about an At the site of the ceremony, a tent hour, followed by a photo-session Braemar workers have won and was erected with a banner that and inspection of the houses for they have taught us a lesson – proclaimed, “Ten years of strug- any damage that needed repairs. nothing comes easily, it takes cour- gle”. Three generations of family The two newly built blocks of age and grit! This small glimpse members had gathered for this double- storey low-cost houses are of light gives hope to the many momentous occasion. The cer- located on the same spot where more struggles for housing for the emony began with each worker previously stood the old estate working class. being called up and handed a set lines. The workers were happy as of keys for their houses. Tears they found their new homes to be The Braemar struggle is finally welled up in their eyes and who quite comfortable. They chatted over. It will stand out as an inspir- knows what deep thoughts must animatedly, discussing what ing example of success for the have run through their minds. names they should give the road many more struggles to come. q The long 10-years struggle was facing their houses as well as for finally over for them. the two new blocks. Letchimi Devi is coordina- Each elderly worker was accom- Surprisingly, though the people tor of the Community De- panied by a younger worker - a were alloted their homes based on velopment Centre. symbolic gesture to show that the ballot papers, the housing ar-

Aliran Monthly : Vol.25(2) Page 39 COMMUNITIES A victorious conclusion Workers make history in their 10-year old struggle for compensation by Letchimi Devi

ictory for the working class in the capitalist VVV world does not come eas- ily; neither does this class get to celebrate victory eve- ryday. But on this historic day (2 March 2005), 14 ex-workers from Braemar Estate were proud that their 10-year struggle for fair com- pensation and free houses - in re- turn for the hard labour they had put in for their employer, Golden Hope Berhad, for generations - had finally paid off.

Some 70 members of the planta- tion community, social activists and Socialist Party of Malaysia (PSM) members gathered at the former site of Braemar Estate to witness the handing-over cer- emony of keys for the RM42, 000- houses that were given free by the developer, Gading Baru Develop- ment, to the 14 families. The cer- emony was given wide coverage by all the mainstream media that had contributed fairly to the peo- ple’s struggle over the last 10 years.

MIC officials were also seen try- ing to get a good name for them- selves by associating themselves with the struggle. They even brought their own news reporter presumably to ensure their names were entered in the honours’ list. Just like in the movies, the “bad

Continued on page 39

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