For Justice, Freedom & Solidarity

For Justice, Freedom & Solidarity PP3739/12/2010(025927) ISSN 0127 - 5127 RM4.00 2010:Vol.30No.2

Aliran Monthly : Vol.30(2) Page 1 COVER STORY Mahathir: Maverick, machiavellian or merely mainstream? To the Malaysian citizen and taxpayer, this book is a sobering testament that you almost always do not get the government you deserve. by Maznah Mohamad

y first reaction to the book was, how could MMM this be any different from the several others already written of the man, for example, that of Khoo Boo Teik’s Paradoxes of Mahathirism and In-Won Hwang’s Personalised Poli- tics (Not forgetting articles and commentaries gen- erated by countless number of print and virtual writ- ers before this)?

After going through the first few chapters of the book I knew that this was going to be different, more impactful and more of a fine strike at the core of the matter.

Mahathir has remained enigmatic and so far, seems to be unmoved by the tons of criticisms directed at him. Perhaps this was balanced by the loads of adu- lation and fawning by his coterie of loyalists, as ex- emplified by the quality of the commentators in his own blog (which could number up to a 1,000 com- ments for a single post, with most starting their address with Yang dikasihi Tun – The Most Beloved Tun).

In gossip circles, Mahathir is known to have the thickest skin on the planet and is impervious to any verbal assaults on his character and his ways. People are astounded by his ability to trounce all of Retail price: his rivals and those he simply could not tolerate Malaysia RM98.80 even when he is out of power. Singapore S$49.90, including GST

Aliran Monthly : Vol.30(2) Page 2 EDITOR'S NOTE

Mahathir Mohamad is back in the spotlight again; notably, he was the special guest at the right wing CONTENTS group Perkasa’s inaugural AGM in March. The man is obviously not one to fade way into the sunset and has once again re-invented himself to suit the era. COVER STORY ••• Mahathir: Maverick, Machiavellian Is he a maverick, machiavellian or merely main- Or Merely Mainstream? 222 stream? That’s the question Maznah Mohamad poses in her review of Barry Wain’s book ‘Malay- sian Maverick: Mahathir Mohamad in Turbulent Times’’. The book, which is still held back from FEATURES distribution in Malaysia, is a sobering testament ••• Who Are The Poor In Malaysia? 999 that Malaysians almost always do not get the gov- ••• ‘People First’ Hypocrisy 121212 ernment they deserve. ••• Make Democracy The Only Game In Town 151515 The poor especially often get a raw deal. As ••• No Wisdom In Our Judiciary - Francis Loh observes, they can be found within Not Even Common Sense 171717 every ethnic group. Thus, he says, efforts to eradi- ••• Penang Forum 2: Has Anything cate poverty should cater for all. Rani Rasiah takes up the theme by looking at the hypocrisy of Changed After Two Years? 222222 the ‘people first’ slogan in a system which ••• Jottings From Penang Forum 2 252525 squeezes low-income workers on all fronts. Low ••• ‘War On Undocumented Migrants’ wages without proper retrenchment compensa- Not The Answer 282828 tion only results in poverty, she asserts. ••• Anwar's Sodomy 1 Revisited 404040

Will political change result in radical transformation? Anil Netto reports on Penang Forum 2, which REGULARS discussed to what extent the state has experienced change since the watershed 2008 general election. ••• Thinking Allowed 191919 Participants at the forum were encouraged to brain- ••• Current Concerns 292929 storm and give their views on participatory local democracy and sustainable development. Their views can be found in an accompanying piece. OTHERSOTHERSOTHERS ••• Subscription Form 383838 But before change can take place, a sense of deja vu has hit us with Anwar once again back in court. We reproduce a chilling statutory declaration from 1998 Published by by Dr Munawar Ahmad Anees, who wassubjected Persatuan Aliran Kesedaran Negara to cruel, inhuman and degrading treatment. (ALIRAN)(ALIRAN)(ALIRAN) 103, Medan Penaga, 11600 Jelutong, Aliran is an organisation for ‘social democratic reform’. We advocate freedom, justice and Penang, Malaysia. solidarity; comment critically on social issues, offer Tel: (04) 658 5251 Fax: (04) 658 5197 analysis and alternative ideas keeping in mind Email (Letters to Editor): the national and global picture based on universal [email protected] human rights and spiritual values. We are listed on the on the roster of the Economic and Social Council of Email (General): [email protected] the United Nations. Founded in 1977, Aliran Homepage : http://www.aliran.com welcomes all Malaysians above 21 to be members. Contact the Hon. Secretary or visit our webpage. Printed by Konway Industries Sdn. Bhd. Plot 78, Lebuhraya Kampung Jawa, 11900 Bayan Lepas, Penang

Aliran Monthly : Vol.30(2) Page 3 The party-state

From 1981 till today, Mahathir has given Malaysia its particular feature as a state. The most useful, if not intriguing concept that Wain has stated (just once on page 53) in describing Malaysia under Mahathir is that he had created a party-state. Hence, the useful contribution of the book is that it has provided much data to chart the birth of this party-state, its peak- ing and its possible eventual de- cline.

Mahathir wronged by the wrong people he had chosen to be under him? This concept of the party-state, though not elaborated by Wain, Mahathir is perhaps the only per- Mohamad is a tale worth telling appears as the trademark of the son in the world who could evoke and re-telling. What I like most Mahathir-rule. Elsewhere, stud- sympathy on this by proclaiming about this book is that it just tells ies on the Kuomintang in Taiwan that he was wronged by the wrong the story as it is, rather than try to by Karl Fields have indicated the people he had chosen to be under link the episodes to some abstract blurring of the distinction be- him, from Musa Hitam to generalisation or grand theories. tween party and state as leading Abdullah Badawi. He survived at This makes the book richer be- to this particular phenomenon of least five major financial scandals cause it does not straightjacket the the party-state. This would be a and still had the audacity to rep- reader’s thinking into a particu- good time to undertake a compara- rimand his heir-apparent lar direction. The book charts the tive study of all the “party-states” Abdullah Badawi by sniping in rise of Mahathir, his stepping of Asia – Umno, KMT, LDP and one of his blog postings that down, small-steps, really because the PAP, to name the most out- Abdullah’s “Mr Clean image he was never a hair’s-breadth standing ones. meant that he had cleaned every- away from the centre of power. thing up”. I summarise Wain’s suggestion of Style of book this same phenomenon develop- The following had become stan- ing in Malaysia which quite dard facts, not just opinions — he The book is written in a breezy clearly originated from destroyed the independence of and enthralling style, at some Mahathir’s ascendance to power. the judiciary, manipulated de- parts it is almost like a political They are associated with how he mocracy and controlled the media thriller and would make great had: to his liking and is still able to say material for a film of that genre. that he had been denied his free- The most remarkable thing is that • weakened state and informal dom of expression by the it is not fiction, and were a film to institutions Abdullah government. It appears be made about Mahathir it would • packed the state bureaucracy that there is no remorse in the man, really be a case of art imitating life. with loyalists rather than tech- nothing can break him, and he nocrats remained confident right up to It is indeed an achievement that • intervened to subdue the judi- Barry Wain’s last line in the book Wain’s book manages to focus on ciary so that it would yield re- that his wrongs would some day the personal, even heart-warming sults whenever the leader or be debunked. sides of Mahathir, the family the party’s political control is man, but ends up as a powerful endangered. For those reasons above Mahathir treatise of the public Malaysia. • downgraded the status of the

Aliran Monthly : Vol.30(2) Page 4 MCA and the MIC, his throne. There were talks which were coalition that the King was involved party stalwarts of in the murder of his caddy, equal standing with and was about to be de- Umno before this. throned by his fellow • blended and merged brother-rulers (The Council Mahathir the of Rulers). strongman with Ma- laysia the rising Allegations of the killing middle-power state. of a caddy seemed to have been verified by both Malaysia was nothing Mahathir and Anwar in but Mahathir, but Wain’s interviews with Mahathir was larger them. These are men- than Malaysia. Not that tioned in Chapter 3, page he is unaware of this 73. view as lately he had become quite defensive of I must also add that his actions. In one of the Mahathir would not have more recent blog entries, succeeded in saving him- he declared, “Thank you self if not for the MCA, al- for agreeing that I am a Tun Salleh Abas, the Lord President, was sacked on though this was not noted dictator. Tell me which 8-8-19888-8-19888-8-1988 in the book. Apparently dictator ever resign. he owed a great debt of (sic)” What was remarkable was that he gratitude to Ling Liong Sik, who resolved this issue in less than became the first Chinese to become Important chapters four months. The four months that leader of the Barisan National, a shook Malaysia involved: short history worth noting, but Let me now try to excavate the • the pronouncement of Umno’s missing in Wain’s pages. In the more important insights and rev- illegality (February 1988) midst of Umno’s deregistration, elations from some chapters in the • the registration of Umno Baru Ling Liong Sik as leader of the BN book. • the ousting of Team B from the had the choice of accepting new Umno Tengku Razaleigh’s party I consider Chapters 3 to 6 to be the • the sacking of the Lord Presi- (Semangat 46) or Mahathir’s most crucial in charting the dent (8 August 1988) party (Umno Baru) into the coali- growth of the party-state helmed • the sacking of five Supreme tion. by a strong man. Court judges • the transfer of all assets of the In Mahathir’s blog entry of 23 Chapter 3 is especially critical. It old Umno to the new Umno November 2009 he expressed his showed how Mahathir achieved (March 1988) emotions: “But for Liong Sik, the his crowning moment in deploy- MCA President who headed BN, ing his political and Machiavel- On 27 May 1988, Tun Salleh Abas, accepting Umno Baru and not lian skills in saving himself and the Lord President was sus- Semangat 46, life would have been the party. The manoeuvre to outdo pended from his office, by the then difficult for me.” Tengku Razaleigh and the threat King Mahmood Iskandar. This is of a legal pronouncement that the most intriguing revelation of Hence a correction to Wain’s ren- would spell the death knell for the book, as Mahathir had man- dition — it may not have been him and Umno provided the aged to use his skills as a “black- Machiavellian deftness all the greatest motivation for him to up- mailer” to persuade the King to sign way which saved the strongman, set the separation of powers doc- the letter of dismissal in return for but a little bit of goodwill had trine of the modern democracy. protection from being removed from helped too!

Aliran Monthly : Vol.30(2) Page 5 sources under this arrangement. primarily responsible for integrat- Chapter 5 seems to suggest that ing business and politics in Ma- the registration and de-registra- laysia”. Accordingly, Mahathir tion of Umno had originally put merely made the “philosophical” the party’s financial standing in connection rather than having a a quandary. Here was where the hands-on role in the whole mat- wizardry of Daim Zainuddin ter. came into the picture. The mix of politics and business towards In one of the most classic defences Umno’s advantage would not of why Daim did not think that have happened if not for Daim there was any conflict of interest and his boys. between making money for himself, for the party and the nation, Before mixing politics with busi- he declared a series of “why- ness, Umno was extremely poor. nots”, In an embarrassing detail, the Ling Liong Sik: If he had accepted book cited interviews with Tengku “If I think the government can Semangat 46, life would have been Razaleigh Hamzah as to how de- make money with me, why difficult for Dr M. pendent Umno was on the MCA not?...since I have details of the and Chinese businessmen to fund company and I think it is good Party and business their election campaigns, includ- investment for my family, why ing paying for routine expenses not?... If everybody is going to From the events of 1988, from such as transport costs to talks to make money, why not?” (pages which Umno Baru was birthed, villagers. 133 - 134) the episode just spelled an uphill ascendance of Mahathir the astute But the involvement of Umno in Chapter 6 titled, “Scandal, What autocrat - or perhaps a downhill business did not start with the Scandal?” is also a fascinating, trajectory for Mahathir the scru- Mahathir-Daim partnership. Way if not troubling read. In this pulous and ethical leader, as the back in 1972, Tun Razak and chapter, Wain revisits other quarter would have seen it. Tengku Razaleigh created the se- Malaysia’s past financial scan- cret, “Umno Political Fund”, dals by presenting them as a se- This is when the notion of the which is discussed in chapter 5. ries of Mahathir failures. From party-state could really take shape Ku Li defended this move about the mid-1980s till the late 1990s, — Umno had to get into business getting into business because of this was the decade of serial fail- and Umno had to undermine the the need to be financially inde- ures for Mahathir. Financially, state in order to replace the state pendent. he was a serial failure. with itself. Umno’s involvement in business The events and background of the Wain’s book pointed out that un- started with their acquisitions of tin trading fiasco, the BMF affair, der the Societies Act of 1966, the newspaper shares, the first time the forex trashing and the party was not permitted to do of Utusan Melayu’s in 1961 and Perwaja mess were all skilfully business. For this Umno had to then in 1972 of the Singapore traced in this chapter. The conser- conceal its assets by setting up Straits Times’. vative estimate of the worth of nominee companies and execu- these failures was RM100 billion. tives and lined up trusted indi- Daim came fully into the picture What is useful about this chapter viduals to hold stakes in various in 1982, a year after Mahathir had is not that any of these shenani- companies, which were in fact become PM and elevated his role gans had not been exposed before, Umno-owned. in fashioning Umno as a giant but having them all documented corporation to great heights. together in one read allows one to By 1988, Umno succeeded in ac- discern a certain pattern of the cumulating vast amounts of re- In Wain’s words, Daim “woud be party state.

Aliran Monthly : Vol.30(2) Page 6 Mahathir lamely claimed to have tried in a “spe- been misinformed about many of cial court” if the dealings, or that he was not caught breaking fully culpable of the acts, by justi- the law. Another fying that: change was to • he needed to rescue the falter- get rid of the con- ing party from financial ruin stitutional provi- (Maybank and BBMB ended sion which pro- up paying for the costs of hibited any Umno’s Headquarters); member of Par- • Umno needed to be involved liament or of the in business as a means of cre- state assembly ating the new Bumiputra en- from saying any- trepreneurial class, basically in thing about the Mahathir: Financially, he was a serial failure. the form of Daim and his boys; King or sultans • Malaysia needed to stand up without being liable to proceed- this regard Wain’s book says little against the West –”to take on ings in court. But in looking at the about the involvement of civil so- the developed countries at current situations involving ciety or even Mahathir’s detrac- their own gains”. For example Umno and the royalty - in tors in being responsible for many the tin and forex trading mis- Terengganu, Perlis and Perak - it of his reactions and backlashes. adventures were manoeuvres doesn’t look like the amendments Nevertheless, Wain has featured to outfox the Western econo- have much bite in preventing DAP leader Lim Kit Siang promi- mies. royal intervention and meddling. nently as the most consistent admonisher of Mahathir’s wrong- Besides the unsuccessful plan to Chapter 9 is about Mahathir’s use doings and transgressions. Al- outdo the West, all that the above of pragmatic Islam to shore up his most every chapter features Kit had succeeded in generating was credentials, which in the end he Siang’s parliamentary dressing- endemic and appalling corrup- had little control over. Chapter 10 down of the Mahathir malprac- tion within the system. The mas- is about his performance on the tice. I would think that another terminds behind the BMF and foreign relations stage. I would say book on the former would be a wel- Perwaja affairs remained unpun- that he was most successful in his come addition to the list of politi- ished. To date nobody has ever Third World persona, admired by cal biographies of Malaysian been prosecuted under Malaysian outsiders as the champion of the leaders. laws for any of the above misap- Southern underdogs. But even so propriations. he did not go the full mile in re- Platform for other sisting the West, as he was quite theories and Chapter 7 is about Mahathir’s easily persuaded into supporting generalizations penchant for big projects and co- many unpopular resolutions such lossal structures. But by the time as the one which approved the There are many ways of looking he had built Putrajaya, the new invasion of Iraq in 1990; he even at history. One way is to have all administrative capital, he was al- worked hard under questionable analysis centred around one per- ready on his last legs as premier – circumstances to get a meeting son, which Barry Wain had ex- the swan song before exit. with Bush in 2002. pertly done. But the other way is to look at the entity in which this Chapter 8 is another invaluable While the book is an excellent ac- person operates from a larger, chapter as it describes in great count of events from a vantage long-duree perspective which is to detail how Mahathir tamed the point of having Mahathir as the look at transformational moments Malay Royalty by getting rid of central, arresting character of the rather than emblematic personali- their judicial immunity. The plot, the picture of Malaysia is not ties. Looking at history this way I amendment to the federal Consti- complete without considering bit could view Malaysia differently. tution allowed for a sultan to be players and marginal actors. In For example what were the iconic

Aliran Monthly : Vol.30(2) Page 7 moments in Malaysia’s transfor- Mahathir playing a role in getting Stirrer or shaker? mation? him into the party though Mahathir was not at all central in My own conclusion is that My take is that there were three: the Islamic resurgence movement. Mahathir had stirred many events but he did not shake the system; a • 1969 – not just because of the In 2008, Anwar and Malaysian provoker of headline news, not a riots but because it triggered a civil society (Raja Petra and the wrecker of vestiges and structures. structural revolution in the form internet come to mind) were the of the NEP for Malaysia. This main players and galvanisers of Despite the seemingly iconoclas- changed race-relations and en- that event. tic and non-conformist positions trenched Malay dominance as the and posturing that he took, how foundational politics of Malaysia. Mahathir may be here, there and much of the world or Malaysia did everywhere. But all the time he he change? • 198219821982 – this marked the take-off was in fact fighting for regime- stage of state Islamisation in Ma- maintenance, as asserted by In- The fact that I find myself asking laysia. Anwar’s entry into gov- Won Hwang in a previous work these questions attests to the valu- ernment provided the wide dis- on Mahathir titled, Personalised able contribution of this book and course of Islam in government Politics. Mahathir was full of I’m very sure that it will fly off the and private lives. Umno began to grand visions according to shelves for many reasons, not build on Islam for its legitimacy Khoo Khay Jin in an earlier ar- least because it is a riveting, not because the party became ticle, written in the 1980s. But thought-provoking, if not disqui- more Islamic but because the state by Mahathir’s own admittance eting read. was made to perform that role and he failed in reforming Umno or carry on such an image. This may the Malays. Was he then too For journalists and scholars, have masked all the financial afraid of going against the sta- Mahathir’s paradoxes will con- scandals and mismanagement by tus-quo? tinue to serve as a veritable tex- diverting the Muslim masses’ tual goldmine in the production concern onto other seemingly Let me just conclude by posing of more papers and books. transcendental issues. more questions than can be an- swered about the subject matter of To the Malaysian citizen and tax- • 2008 – the 12th General Elec- the book: payer, this book is a sobering tes- tion was iconic for several rea- • Was he a failure or a success tament that you almost always do sons; it was only the second time as a leader? Many of his lega- not get the government you de- that the BN lost its two thirds ma- cies today are leading to a serve. q jority and it was the first time that lacklustre rather than a brighter all opposition parties succeeded Malaysia. in becoming governments – Pas • Was he a maverick or a in Kelantan and Kedah, the DAP mainstreamer? He was more Dr Maznah Mohamad, in Penang and the PKR in obsessed about saving and an Aliran member, pre- Selangor. functioning within Umno, un- sented the above com- able to discard neither the con- mentary of Barry Wain’s If we were to look at all of the above tent nor the shell of the party. Malaysian Maverick: moments, where was Mahathir in Mahathir MohamadMohamadMohamad all these? Surprisingly he was not If Anwar had succeeded in inher- in Turbulent Times,,, the main actor or the primary iting the position of prime minis- published in 2009 by mover of these moments. 1969 and ter, would he have continued the Palgrave Macmillan, at the NEP were Razak’s moments, Umno legacy of the party-state and the book launch in with Mahathir a bit player with party capitalism? Could it be that Singapore on 4 Decem- his Malay Dilemma needlings. even Mahathir was cornered into ber 2009.2009.ber ridding Anwar, lest Umno would 1982 was Anwar’s moment with cease to be the party-state?

Aliran Monthly : Vol.30(2) Page 8 POVERTY Who are the poor in Malaysia? The poor can be found within every ethnic group; thus efforts to eradicate poverty should cater for all by Francis Loh

major assumption for AAA the adoption of the affir- mative-action New Eco- nomic Polciy (NEP, 1971-90) was that a majority of bumiputera families were still living below the poverty line in 1970. Thus one of the two prongs of the NEP was ‘to eradicate poverty regardless of race’. (The other was to restructure economic occupations so that occupations would not be associated with ethnic groups.) Hence in the Five- Year Plans, Malay padi farmers, rubber smallholders, fishermen, the indigenous peoples of Sabah ral gas) and high rates of foreign Not surprisingly, the poverty situ- and Sarawak living in the interi- direct investment (FDI), espe- ation in Malaysia has also im- ors, but also the predominantly cially in the export-oriented proved. In the Ninth Malaysia Plan Indian estate labourers, Chinese electronics and electrical indus- (2005-2009), it is reported that New Villagers, and urban squat- tries and in the services sector. only 3.6 per cent of all households ters of all races, were perennially in the peninsula, 4.4 per cent in identified as the poor in need of Overall, employment expanded Malaysia as a whole (using the government aid and attention. steadily, rising from 3.3 million in traditional system of measure- 1970 to 4.8 million in 1980 to 6.7 ment), lived below the poverty Providing such aid is related to million in 1990, to 10.9 million in line; whereas the rate of poverty the question of economic devel- 2005. Accordingly, the unemploy- was 49.3 per cent in the peninsula opment. In this regard, the BN ment rate declined from 7.4 per in 1970. government has managed our cent in 1970, to 5.7 per cent in economy relatively well by suc- 1980, rose to 8.6 per cent in 1987 Even if one quibbles with how cessfully adapting it to the glo- during a period of recession, the poverty line is determined bal market economy. Through a dropped to 5.1 per cent in 1990, (and this varies from country-to- series of Five-Year Plans, eco- but rose again when the regional country), or doubts the accuracy nomic development and the financial crisis occurred in 1997- of government data, the trend is NEP goals were vigorously pur- 98. As the economy improved towards fewer families living sued. This growth was facili- during the 2000s, the unemploy- below the poverty line. If one tated by the fortuitous discovery ment rate dropped to 3.5 per cent uses the UNDP’s more compre- of oil (including liquefied natu- in 2005. hensive Human Development

Aliran Monthly : Vol.30(2) Page 9 Index (HDI) to measure develop- other way, Malaysia began to roll New inequalities, ment in Malaysia, the achieve- back the intervention of the state new poor ments are still impressive. In in the economy and adopted neo- 2004, Malaysia was ranked 59 liberal policies of privatisation, The adoption of neo-liberal eco- in terms of its HDI, among the deregulation and liberalisation in nomic policies in order to make top medium-ranking countries line with the demands of the new Malaysia attractive in the era of a in the world. Only Singapore globalisation. globalised market economy has performed better among Asean resulted in several contradictions. countries. Major infrastructural projects like the construction of KLIA, the First, regional inequalities have Using a variety of measurements, KLIA Express, the Second Link widened. The Klang Valley, we can also determine that the with Singapore and the adminis- southern Johore and the state of number of poor bumiputera fami- trative centre in Putrajaya were Penang have grown rapidly while lies has dropped. Increasing num- awarded to the private sector. the states of Kelantan, bers of Malays have moved out of Many statutory bodies providing Terengganu, Sarawak and espe- lower-paying into higher-paying services were also privatised: cially Sabah have lagged behind. occupations due to: Telecoms Malaysia, the National According to the Ninth Malaysia • greater access to higher educa- Electricity Board, Malayan Rail- Plan, whereas the overall rate of tion, ways, and other bodies supplying poverty in peninsular Malaysia • the provision of government water, treating sewerage, and gar- was 3.6 per cent in 2004, it was 23 scholarships and a system of bage collection. Higher education per cent in Sabah, 15.4 per cent in quotas for entrance into ter- and some health services were Terengganu, 10.6 per cent in tiary-level institutions; corporatised, a version of Kelantan and 7.5 per cent in • higher rates of Malays living privatisation. Sarawak. Poverty is most acute in in urban areas; and the inner reaches of these states. • expansion of the public sector Liberalisation of the financial especially during the first 15 sector also led to the inflow of Second, the rural areas were ne- years of the NEP. portfolio capital into the money glected in the new economy result- market and the KL Stock Ex- ing in a steady migration of young Globalisation change, while deregulation led Malays, Dayaks and Kadazan- and neo-liberal to the gradual removal of restric- dusuns, including from the Felda economic policies tions on foreign involvement in schemes, from rural hinterlands the banking industry. Although to the urban industrial areas. The National Development Policy foreign and Chinese business Whereas in the past the Klang (NDP, 1990-2000), which re- people benefited from neo-lib- Valley, Penang and Johore Bahru placed the NEP, continued with eral policies, the bulk of the ben- were overwhelmingly populated the twin objectives of poverty efits were enjoyed by bumiputera by non-Malays, nowadays eradication and restructuring. But businesspeople, particularly Malays predominate. Indeed, it was the latter goal of creating a those with the best political con- large numbers of Sabahans, too, BCIC (Bumiputera Commercial and nections, otherwise known as can be found in the Klang- Industrial Community) and ‘cronies’. In the event, there oc- Pandamaran areas. Without the achieving at least 30 per cent curred an increase in the necessary skills, many of the bumiputera ownership of corporate bumiputera share of corporate eq- youths cannot get absorbed into equity that were emphasised. uity: according to official esti- the new IT and K-based globalised Continuing the strategy adopted mates, rising from 1.5 per cent economies. The young men in par- for economic recovery and growth in 1969 to 20.6 per cent in 2004, ticular end up in construction and since the mid-1980s recession, the and according to unofficial esti- other informal services. Most are private sector was identified as mates, exceeding 30 per cent in underemployed, and some fall the engine of economic growth for several important sectors like into ‘social ills’ – motorcycle rac- the duration of the NDP. Put an- banking and transportation. ing, dadah addiction, and some-

Aliran Monthly : Vol.30(2) Page 10 times the problem of HIV-Aids booming construction industry Conclusion too, some of these perhaps as absorbed many of these semi- forms of escapism from the harsh skilled workers. Many have also The Malaysian economy has realities of their everyday lives. started small businesses includ- grown rapidly these past de- ing food catering and hawking. cades. This growth has spurred Similarly, little attention was de- However, New Village young on restructuring the economy voted to the estate agricultural sec- men also moved to the urban ar- and the inter-ethnic inequalities tor. Wages in the rubber and oil eas, to Singapore, and some- inherited from colonial times, no palm estates have lagged behind times to Taiwan and Japan to be doubt facilitated by 40 years of those who get employed in the labourers, often illegally. the NEP. The numbers of fami- new economy. Until very recently, lies living below the poverty line these workers, mostly Indians, Third, much foreign labour migra- has also dropped drastically. were daily-rated. Under the new tion into Malaysia has also oc- so-called monthly-wage system, curred during this era of However, the rolling back of the many still find it hard to make globalisation. Official estimates state’s involvement in the ends meet. Hence many youths suggest that there might be as economy and the adoption of neo- from the estates have also mi- many as 1.2 million forced mi- liberal economic policies has also grated to the urban industrial ar- grants in the country, about half, led to new contradictions. Re- eas in search of better paying jobs. about 600,000 in Sabah alone. gional inequalities have arisen However, since they do not pos- These estimates include both among the states. Due to uneven sess the necessary skills required documented as well as undocu- access to opportunities between for the new IT, and K-economies, mented migrants, especially from the rich and middle-class on the they, too end up with low-paying Indonesia and Philippines, but one hand, and the lower classes unskilled jobs. Housing, health, also from Thailand, Myanmar, on the other, Malaysian society proper nutrition, and even educa- Vietnam, Nepal, Lanka, India and has been increasingly stratified, tion for their young children pose China. Many have fled to Malay- resulting in widening income serious problems. Hence, the well- sia due to poverty and in some levels between the rich and the known plight of poor Indian com- cases conflict situations at home. poor, or what we term relative munities in the estates has been The plight of these migrants is poverty. The poor can be found transferred to the urban squatter well documented and the local within every ethnic group. More areas.. Not surprisingly, gangster- church has attempted to address than that, a large group of mi- ism is rife among young Indian some of their needs by establish- grant workers has emerged in men today. Such social conditions ing the migrant workers ministry. our midst. Put another way, the have facilitated the rise of Makkal Although they are not involved in poor are from all ethnic groups Sakhti and the Hindraf movement the new IT and K-economies, they and states, as well as people generally. have helped to build much of the who originated from other coun- Malaysia’s new infrastructure, tries. Our efforts to eradicate The Chinese youths have fared high-risers and housing; provided poverty should cater for all - better generally. Perhaps this is hard labour to run the estate sec- bumiputera or non-bumiputera, due to the traditional emphasis tor; besides taking care of our chil- local or foreign and also all re- by parents on education which dren and cooking our meals in our gions of the country. q facilitated these youths acquir- homes. Yet as foreign labourers ing skills that resulted in their they are not entitled to the usual absorption into the new benefits that accrue to workers Dr Francis Loh is Secretary economy. The fact that there ex- under the various laws such as of Aliran. An earlier version ists a large SME (small- and me- days off, health benefits and of this article was pub- dium-scale enterprises) sector, workmen’s compensation- not to lished in lished in Catholic Asian dominated by the Chinese, mention educational opportuni- NewsNewsNews, March 2010 eased their entry into the old ties or even time for their own chil- economy too. For instance, the dren.

Aliran Monthly : Vol.30(2) Page 11 HEART TO HEART "What comes from the lips reaches the ear, what comes from the heart reaches the heart" - Arab proverb ‘ People first’ hypocrisy

Low wages without compensation begets poverty for Malaysian workers by Rani Rasiah picture by Colin Nicholas

he one major crime Alice years ago had over the years proached was delighted to get a TT committed in her 23 bloated to a cost of RM75,000, a customer and eagerly signed them TTT years was to buy a mind-boggling sum for people in on. There was no armed debt col- house. Five years later that income category. lection or recovery officers visible; now, she is not only in almost cer- the jargon in fine print was tain danger of losing the house, The monthly instalment was glossed over and went over the but she is also heavily laden with RM500 and both mother and heads of the poor sub-prime bor- toxic debts. daughter felt they could cope by rowers. scrimping on basics and with In 2003, Alice, a factory worker some help from a brother who Then came the horror. The scan- with an overtime-boosted income lived together with them. It may dalous subprime crisis brought of RM800 per month, and her seem like a scary decision for some the US economy to its knees, and mother, a cleaner earning a of us, but it is not uncommon for wreaked recession on the rest of monthly wage of RM500, decided poorer people to make decisions the globalised economies of the to buy a low-cost house near Ipoh. that seem impulsive and reckless. world. Back home, the fragile fi- The low-cost house which cost nancial set up of the Alice family RM38,000 when it was built many The commercial bank they ap- fell like ninepins.

Aliran Monthly : Vol.30(2) Page 12 In early 2009, Alice’s brother was payment before renegotiating the ily slides into the depths of greater retrenched. Her own income loan. poverty as they get stuck in debt dropped to her basic wage of traps and are hounded by the debt RM500. Towards the end of the In desperation they turned to in- collection agencies of both legal year, her mother fell at the work- formal moneylenders, initially and illegal credit sources. place, injuring her arm, effectively borrowing RM3,000 at 10 per cent laying her off from work for good. interest. The interest payment Why shouldn’t poor The monthly family income thus alone for this loan was RM300 families think of stood at RM500. per month. purchasing a house?

They began defaulting on the Both mother and daughter then First, for a low-income family to housing loan instalment. After were instructed by the bank to aspire to buy a house, they have several months, their arrears with withdraw from their second ac- to earn enough for daily suste- the bank rose to RM7,000. The counts in the EPF and the balance nance and in addition be able to bank rapidly found its tentacles that remained of the arrears was spare enough to service the and began legal proceedings to to be settled with the mother’s EPF monthly housing loan recover the RM75,000 loan. It also savings once she became 55. instalments. This condition applied to the High Court to fore- doesn’t exist in Malaysia as the close the property. For now, they have managed to government pursues a low-wage save the house, but have been policy. But the bulk of workers Alice and her mother appealed driven deeper into debt. They have manage to boost their RM300–600 against the foreclosure, pleading to pay out more each month to- basic monthly incomes to RM1, with the bank to cut down the in- wards the housing loan instal- 000 or more a month by working stalment amount. They had made ment and interest on the RM3,000 overtime in a 12-hour day routine. the house a home, a roof over their loan. These payments have prac- This is the dangerous high that heads, and even though it was not tically wiped out the mother’s old gives workers the illusion that theirs yet, they couldn’t think of age savings. Another wave of re- they are earning enough to buy a letting it go. cession and the house will fall, house. and everything the family has put The bank agreed to negotiate but into this investment will be Second condition: The worker on their terms – Alice and her washed away. must earn a guaranteed amount mother had to pay up the RM7,000 of money every month to repay the arrears first. Even though Alice’s Why the poor should instalments over a period of three mother was due to retire in six not buy a house decades This condition implies a months, thus making available minimum wage and job security, her EPF savings to settle the ar- The low income group should the first of which doesn’t exist, rears, the bank insisted on upfront take every liberty to dream of own- and the second, a condition that ing a house but to has almost ceased to exist given venture out and the worsening labour situation in actually buy one which Malaysian workers have could result in become easily dispensable in the severe difficulties presence of three million migrant for themselves. workers. From a situation of somewhat Third condition: Low-cost house bearable hard- prices must be as low as wage lev- ship minus els, rising only in tandem with monthly loan wages to ensure there are no de- payments and faults in the monthly repayments. additional debts, The reality, however, is that while a defaulting fam- low-cost house prices have spiked

Aliran Monthly : Vol.30(2) Page 13 from RM25,000 in 1982 to sued in the country that squeezes regressive Goods and Services RM42,000 in 1998 and are now the working class on all fronts. Tax, and you get a clear picture of expected to soar to RM60,000 as With Malaysia’s focus on attract- where the working class stands currently demanded by the housing foreign investment, feverish in the order of things. ing industry, wages have re- measures are being put into place mained stagnant. The other real- to make and keep the country in- Meanwhile FDI or not, the busi- ity is that there are no government ternationally competitive. Apart ness and political elite remain a schemes to provide universal, from the removal of trade and in- privileged class, living it up and subsidised and adequate council- vestment barriers, measures in- rewarding themselves hand- type housing to compensate for clude keeping costs down, which somely. low wages. In fact, what’s often means low wages for workers, all the case is the ruthless demolition to enhance the ease of doing busi- In a resource-rich country like of the only homes belonging to the ness. ours, there is no reason why there poor by the government, which should be poverty and depriva- justifies its actions by calling them But if it is imperative that workers tion for a large section of the popu- illegal squatters. have to sacrifice by taking home lation. A caring government low wages, is it not imperative which thinks there is no other way Fourth condition: As the fortunes that the government takes ad- for the country to survive but to of the poor wax and wane, buf- equate measures to ensure that compete for foreign investment, feted by the irrationality of capi- working-class families are able to can set aside part of its budget to talism, the government has to con- fulfil their basic needs? Is it not ease the lives of the workers it al- sciously put into place mecha- the responsibility of the govern- lows to be exploited. We must not nisms to help house-buyers keep ment to compensate for the low forget that as much as 30 per cent their homes. One such mecha- wages by ensuring that workers of the budget is already being nism is a low-interest easy loan are able to adequately feed, clothe squandered away on leakages. scheme without forbidding con- and house their families? Further- That money can be put to good use. ditions that they can borrow from more, shouldn’t the government The government can subsidise when there is a drastic drop in ensure a level playing field in essential food items, school bus income during the cyclical capi- health care and education for low fares and housing, for example. talist crises every five to ten years. income families? But nothing of this sort exists to It is not enough that the govern- help workers whose income sees As is obvious, this is not the case. ment sets aside aid for the a drop. The hapless workers are While maintaining low wages, hardcore poor. It must recognise left at the mercy of loan sharks, government policies since the that 60 per cent of working class who only drag them deeper into 1980s have resulted in the dis- families suffer hardship in mak- indebtedness and poverty. Just mantling of the government’s pro- ing ends meet because of low compare this situation to that of vision of basic amenities, health wages. It must take measures to the companies which were bailed care and education to accommo- compensate them. out to the tune of five billion date the privatisation of these ser- ringgit EPF money through vices. This has led to higher costs, What is needed is not so much the Valuecap at the start of the latest and in the case of health care, de- means as the political will to make crisis. terioration of government hospi- genuine improvements to the lives tals which are frequented by the of people, and certainly not more System that poor. The now thriving business of the ‘people first’ hypocrisy. q squeezes the worker of private education too seems to on all fronts offer endless opportunities, but in reality, saddles the children of Rani Rasiah, an Aliran The unenviable lot of the average low income families with a future member, is coordinator of Malaysian worker today is the of indebtedness, and credentials the Oppressed People’s direct result of the kind of eco- of dubious quality. Add to this the Network (Jerit) nomic model that is being pur- imminent implementation of the

Aliran Monthly : Vol.30(2) Page 14 DEMOCRACY Make democracy the only game in town One hundred civil society groups have issued a joint statement on the second anniversary of the watershed 8 March 2008 general election

wo years ago, Malay- TT sians wrote history by Subverting voters' mandate TTT weakening Umno/ Barisan Nasional’s electoral one-party state. For the first time since independence, the ruling coalition lost its two-third parliamentary majority and a total of five states were ruled by the opposition parties.

As a result, Malaysians have benefited tremendously from the vi- brant competition between Barisan Nasional and Pakatan Rakyat. As Pakatan Rakyat advo- cates “Ketuanan Rakyat” and values like competence, accountability and transparency, Barisan Nasional under Prime Minister are enjoying the bonus of democratisation. Najib Razak has responded with his “1Malaysia” campaign and Unfortunately, the budding democratisation is also threatened by some “Government Transformation politicians from both sides of the divide who refuse to accept “democ- Programme”. In brief, Malaysians racy as the only game in town” and try to subvert or undermine the

Aliran Monthly : Vol.30(2) Page 15 Anti-ISA rally voters’ verdict through some or all upon all political parties to respect and the state governments of these four unscrupulous the voters’ verdict and demand amend the Federal Constitu- means: competitive politics made on tion and all the related laws to (a) defection and change of gov- March 8 2008. We urge them to facilitate the conduct of local ernment without fresh elec- promise the following six basic re- government elections so that tions; forms in their present or future all parties may have the oppor- (b) politically-motivated investi- capacity as federal and state gov- tunity to win representation in gations, prosecution, harass- ernments. local governments. ment and detention of oppo- 6. That all anti-human rights leg- sition leaders, civil society ac- 1 . That Article 48(6) of the Fed- islations be repealed and all tivists, journalists and eral Constitution and similar politically-motivated investi- bloggers; provisions in state constitu- gation and prosecution be (c) discrimination in develop- tions be amended to allow stopped immediately. ment funding against oppo- elected representatives resign sition-run state governments and re-contest when they dis- We also call upon all Malaysians and opposition-won con- agree with their party. to pursue these demands with stituencies; 2. That “recall elections” be in- both Barisan Nasional and (d) media campaign to play up troduced so that voters may Pakatan Rakyat. We call upon all ethno-religious sentiments sack elected representatives eligible Malaysians who have not and to delegitimize the oppo- who underperform or betray registered as voters to do so im- sition. their mandate. mediately. 3. That the Federal Government These undemocratic acts disrupt respects the spirit of federalism We must defend the fruits of our public life and threaten politi- and treat all state governments March 8 and defeat all attempts cal stability. The latest defection and members of parliament to roll back the democratisation and quitting of PKR lawmakers without discrimination re- process. Come next elections, let are both a betrayal to their voters gardless of party affiliation in us cast our votes based on the coa- and an assault to Malaysia’s term of grants, subsidies, roy- litions’ fulfilment of or commit- party system. Malaysia would be alties, allowance, support etc. ment to these demands. in total chaos and may witness 4. That the State Governments coups if popular mandate can be treats all state assembly per- Let us reclaim our country and ignored and violated at whim. sons without discrimination make democracy the only game in regardless of party affiliation town. On the 2nd anniversary of the 8 in term of allowance and sup- 8 March 2010 March election, we the under- port; Endorsed by signed civil society groups call 5. That the Federal Government 100 Civil Society Groups

Aliran Monthly : Vol.30(2) Page 16 JUDICIARY No wisdom in our Judiciary – not even common sense We, the ordinary citizens of this country, are stunned by the ignorance of our judges of the highest court in the land… by P Ramakrishnan

he Federal Court’s ruling TT on 25 February 2010 that TTT it had no jurisdiction to review its own decision is utter nonsense. The three judges who came to this conclusion on Rule 137 of the Federal Court Rule - Zulkefli Ahmad Makinuddin, Mohd Ghazali Mohd Yusoff and Heliliah Mohd Yusof - were referred to by the former Court of Appeal judge, N H Chan, as “in- competent judges – perhaps they were clowns as their statements were laughable.”

N H Chan has brilliantly summed up the reaction of Malaysians to this atrocious judgment by stating, “We, the ordinary citizens of this country, are stunned by the ignorance of our judges of the highest court in the land…”

In a very scathing indictment, without mincing his words, he put it bluntly, “It is only when we have fools on the bench that I can point out that what they have decided is not the law.”

When these personages garbed in judicial robes deliver judgments that are so bereft of wisdom and common sense, we wonder what N H ChanChanN is the purpose in turning to the

Aliran Monthly : Vol.30(2) Page 17 courts for justice. Do we indeed aided and abetted by judges who they expected to be troubled by need these courts when judges seemingly come across as people this decision? don’t deliver justice and “do not who have little understanding of know justice from injustice.” the law; as people who are not Why then has the Bar Council not capable of applying the law as it commented or taken a stand on The bone of contention in this is- stands and as people who don’t this issue? sue is Rule 137. Let’s take a good care for the law. look at Rule 137 of the Federal We cannot allow this scandalous Court to understand what it is all The judges were so blatant and situation to continue or persist. about. In simple, clear terms, Rule biased in their decision that N H The Bar Council is enjoined by the 137 of the Federal Court states: Chan has rightly put it, “The so- Legal Profession Act 1976 under called Perak crisis has brought 42(a) “to uphold the cause of jus- “Nothing in these rules shall be out a host of cases that showed tice without regard to its own in- deemed to limit or affect that the judges gave the impres- terests or that of its members, un- the inherent powers of the Court sion that they were one-sided. The influenced by fear or favour”. It is to hear any application or to perception of the people is that a national obligation that has been make any order as may be nec- they sided with the BN govern- entrusted to the Bar Council by an essary to prevent injustice or to ment.” act of Parliament “to uphold the prevent an abuse of the process cause of justice.” It must remain of the Court.” Now, this decision that disap- true and faithful to this sacred re- pointed thinking Malaysians sponsibility. I’m not schooled in the law but it cannot be reviewed because the seems plain enough to me that this recent Federal Court decision Aliran would like to call upon the rule does not in any way limit “the had foolishly ousted its jurisdic- Bar Council to boycott the courts inherent powers of the Court.” In tion. It is, perhaps, done delib- one day in a month, every month, other words, it can “hear any ap- erately so that the injustice per- until this decision is rescinded or plication or make any order as petrated by these judges cannot reversed so that the avenue to seek may be necessary to prevent in- be corrected in the future and justice is not foreclosed . justice or an abuse of the process they cannot be exposed as shal- of the Court”. low minds sitting on judicial The Bar Council may also want benches. According to N H to consider boycotting the Fed- It is very clear that this rule em- Chan, these judges are “such eral Court until this matter is powers the Federal Court to pre- lowly individuals (who) should righted. This move is not with- vent an injustice whenever it oc- never be allowed to sit on the out precedent. In 1988, the Bar curs. It also has authority to pre- seat of Justice...to be judges at all. Council adopted a resolution to vent an abuse of the process of the And yet there are so many of boycott the Supreme Court and Court when certain elements re- them in the judiciary today ever the Lord President, Tun Hamid sort to the court to legitimise an since the rot began”. Omar, for the abysmal role he illegal act or fraud. played in the ouster of Tun When the ignorance of these Salleh Abas to weaken the judi- This empowering rule allows the judges was so gross and their ciary and strengthen the hand Federal Court to prevent injustice decision so perverse, befuddled of Dr Mahathir Mohamad, the and the abuse of the judicial pro- Malaysians are wondering why politician. cess when certain judges discard the Bar Council had nothing to their oath of office and deliver say with regard to this ridicu- The nation looks up to the Bar judgments that offend and betray lous situation. Shouldn’t justice Council to make a stand at its the rule of law. be their sole concern? Doesn’t AGM tomorrow. Will it take up this flagrant injustice as perpe- the challenge and live up to our We have witnessed how this court trated by the Federal Court mean expectations? q process was abused in the case of anything to them? In the inter- the Perak State Assembly crisis, est of their profession, aren’t 12 March 2010

Aliran Monthly : Vol.30(2) Page 18 Group from holding meetings and the Bar Council Forum on the con- version of minors to Islam when one spouse in a non-Malay mar- riage converts to Islam. Police in- action against the thugs has emboldened them even to prevent Karpal from entering Parliament House. An Umno Baru mob led by a screaming Khairy outside the US Embassy advertised to the whole world, conveying the im- pression what a barbaric party Umno Baru is and in the process portrayed Malaysia as a country trapped in the Stone Age.

The rule of law is seemingly not part of Umno Baru culture. While The Lawless Brigade Baru and yet the party continues proclaiming to the whole world to call itself Umno! The party logo that “demonstrasi luar Tan Sri, you are setting a fine ex- was supposed to be a new one and kebudayaan kita”, Umno Baru has ample by riding pillion on a mo- yet the old logo with some imper- since 8 March 2009, organised tor-bike without wearing a crash ceptible cosmetic change contin- numerous illegal demonstrations helmet, in total violation of the ues to be used. in Pakatan-ruled states. On every law. This is leadership by ex- occasion they have got away scot ample, I suppose. May be you Umno Baru has allegedly let loose free without any action by the po- were trying to emulate an Agong its mobs and thugs to disrupt, lice, who appear to be conniving who once got down from his royal sometimes violently, legitimately and colluding with the thugs. dais to hijack a policeman’s mo- organised meetings and forums. torbike and rode it gleefully with- The APCET forum at a hotel was Umno Baru operates under differ- out wearing a crash helmet, much disrupted by an Umno Baru mob ent laws and rules. Why was to the horror of the “King’s men”, that smashed tables and chairs to reminiscent of the people who stop the proceed- cheered the emperor without his ings. When the clothes in the children’s fairy tale. Suqiu organisation submitted its 17- The MSM carries daily news of point plan for the Mat Rempit breaking every rule in betterment of the the Highway Code and now we country, the Umno have the Deputy PM emulating Baru mob threat- them. Or was YAB trying to emu- ened them with late the rider of the motorbike. “rivers of blood” outside the Chinese Umno Baru has a lengthy cata- Assembly Hall in logue of lawless behaviour. It ap- KL if they did not pears that the rule of law is a withdraw the 17- stranger to Umno Baru. When point plan. The Justice Harun declared Umno il- Umno Baru thugs legal, it died a natural death. The used similar tactics new party registered was Umno to stop the Article 11

Aliran Monthly : Vol.30(2) Page 19 Ahmad Ismail not charged for Se- tiate development projects like gested, given her brainpower, she dition when he made derogatory road-building etc and giving cash, was talking about her own quali- remarks about the Chinese whom bicyles, shoes and uniforms to fication for such a post. he called “pendatang”? Umno schoolchildren. These are down- Baru thugs tore down Koh Tsu right corrup practices but UMNO Our Constitution gives men and Koon’s picture and stomped on it Baru indulges in these with im- women equal rights. There are and no action was taken against punity because the EC behaves outstanding women in Malaysia them. But there were vehement like a eunuch. By-elections are who have the necessary qualifi- calls for the use of the ISA and the referred to cynically as “Buy cations and aptitude not only to withdrawal of citizenship against Elections”because Umno Baru become Chief Minister or Menteri DAP members who stomped on spends staggering amounts of Besar but also Prime Minister. I the images of the three Pakatan money to “buy” ballots. would welcome Wan Azizah as assembly members who defected PM if Anwar becomes a victim of to the BN, resulting in the Perak Perhaps, the worst case of Umno “Sodomy 2”. Zainah Anwar of Crisis. I am sure all hell would Baru lawlessness is the illegal SIS would make an excellent PM. have broken loose if some Gerakan take-over of the Perak state gov- There are many others, too numer- members in Malacca had stomped ernment. It was unethical, im- ous to name, who have the right on Rustam’s picture. Some Umno moral and defeated the will of the credentials to be CM/MB or PM. Baru members were involved in people who had voted a Pakatan Hamidah, because you know the cow-head incident. While Rakyat government to rule them. yourself, you spoke for yourself. talking about religious sensitivi- You have a Stone Age mentality ties, certain Umno Baru members There is a poverty of brain power and therefore cannot speak on have no qualms about insulting from top to bottom in Umno Baru, behalf of all Malaysian women. the Hindus and Buddhists. Re- so they refuse to engage in the member, the hallowed precincts of battle of the mind with anyone or Q Q Q Q Q Paliament House was desecrated any political party. It is indeed a RM100 to Senior when Umno Baru slaughtered pitiable political party and be- Citizens cows to celebrate Abdullah’s mar- cause it lacks brain power the only riage to Jeanne. weapon in their arsenal is brawn The Penang State Government’s power. plan to give every senior citizen The word “corruption” appar- who has lived and worked in ently does not exist in Umno Baru Did I hear anyone say that Umno Penang and is a registered voter vocabulary. It is conveniently re- Baru is a law-abiding party? RM100 has drawn criticism from ferred to as “money politics” and Gerakan Youth. Their suggestion its members guilty of it are al- Q Q Q Q Q to open the scheme to every senior lowed to stand for election and get Promoting gender citizen whether or not they are reg- elected to Parliament and State inequality istered voters needs evaluation. Assemblies. Reports to the police The government, the EC, political and MACC about corrupt prac- While all civilised societies, in- parties and NGOs have made re- tices of Abdullah, Najib, Toyo etc, cluding Malaysia, are striving to peated calls to unregistered vot- etc. have never been seriously promote gender equality, we have ers to get registered. Indeed acted upon. So the serious cancer someone like Datuk Hamidah strenous efforts have been made of corruption is eating into the Osman, a Perak Exco membeer, to get every eligible citizen to reg- body of Umno Baru. saying that a woman cannot be a ister as voters. Despite all these Chief Minister. This is the same efforts many, including senior citi- Umno Baru not only does not re- odious female who made the zens, have not been responsive spect the law but it also is per- uncivilised jibe at Speaker and have shown a worrying dis- ceived to lack morality and eth- Sivakumar about the snake and regard for their civic duties, set- ics. When Parliament is dissolved the Indian! Her mindset appar- ting a bad example for their chil- before an election, the caretaker ently reflects her IQ. Rafidah in dren and family members. Do government cannot by right ini- her response quite rightly sug- such people who abdicate their

Aliran Monthly : Vol.30(2) Page 20 police and the Election of Com- said that Gerakan would never be mission to win elections corrupt able to take back Penang. If practices? Gerakan Youth can get this fact into their thick heads, they would Gerakan remained dumb about not behave stupidly. the practices of the infamous Q Q Q Q Q Zakaria, Toyo and currency smug- gler Mohammad bin Mohammad Cracking Taib. Gerakan has maintained a the melting pot deafening silence about the RM28 billion siphoned off by Umno/BN Rais Yatim’s call to marriageable cronies from last year’s Budget Malaysians to “think a thousand allocations. A Time magazine re- times” before getting into mixed port estimated that since the marriages demonstrates an amaz- Keng Yaik: Gerakan would never be 1980s, RM360 billion had been ing lack of logic. He failed to pro- able to take back Penang allegedly siphoned off by Umno/ vide comparable statistics about BN cronies. What has Gerakan divorce in respect of same duties as a citizen deserve any- said about the numerous financial ethnicity marriages and mixed thing from society? Anyway they scandals – PKFZ and the endemic marriages to confirm his claim have between 1 May and 30 No- corruption in the Ministry of that many mixed marriages end vember to register as voters and Youth, Sports and Culture, to in divorce. qualify for the award. name just two examples. As Law Minister, he led the del- Gerakan Youth has asked MACC Gerakan ruled Penang since 1969 egation to the International Court to investigate the state government and on 8 March 2008, the people of Justice in respect of the owner- for corruption! They have ac- of Penang taught it an unforget- ship of Batu Puteh. Singapore got cused the state government of fish- table lesson – the total annhilation the island and Malaysia got the ing for votes. Receipients of this of the party. The people of Penang rocks! Malaysians formed their cash award are not stupid and are very conscious of Gerakan’s own opinions about Rais Yatim’s they can vote for any party they political tricks to destabilise the analytical and presentation skills. like. The Kelantanese, for in- state government. If Gerakan stance, are adept at taking UMNO thinks that its behaviour is going Divorce rates all over the world money (aka taxpayers’money) to endear it to Penangites, it does are rising and it cuts across and voting for Pas! not have its brains in the right ethnicity, religion and colour. place! The ex-Gerakan president, Gerakan as a component party of Keng Yaik, got it right when he Tota BN has remained blind, deaf and dumb to the rampant corrupt practices of the BN. When Parliament dissolves before a general election, legally the caretaker government is not allowed to spend mil- lions carrying out development projects all over the country. Isn’t this corruption? Doesn’t the giving of cash, bicyles and school uniforms, paving of roads (up to the kitchen sink!) and lavish buf- fet amount to corruption? Isn’t the abuse of public facilities and institutions like the civil service,

Aliran Monthly : Vol.30(2) Page 21 CIVIL SOCIETY Penang Forum 2: Has anything changed after two years?

Continuing the journey towards greater participatory democracy and sustainable development by Anil Netto

Aliran Monthly : Vol.30(2) Page 22 as Penang changed over on the eve of the second anniver- such as public transport and traf- HH the two years of Pakatan sary of Pakatan rule in Penang, fic congestion, affordable hous- HHH rule since the watershed saw participants freely articulat- ing, recreational facilities, acces- 8 March 2008 general ing a range of views and learning sibility for the disabled, environ- election? That was the question from one another. mental protection and gender uppermost in the minds of the 170 equality? What has become of the participants, including represen- Among the main issues raised Local Plan? How has the govern- tatives from 35 civil society and discussed: What has ment responded to calls for local groups, who turned up at the Car- changed during that period? government elections? What ing Society Complex for the day- What has the new Penang State about problems faced in Seberang long ‘Penang Forum 2’ event on Government achieved or has it Perai, which the 2008 forum ne- Sunday, 7 March. lost its way? Are there obstacles glected to address? we don’t know about? What are Some were familiar faces in civil the constraints arising from our Animated discussions society circles; others were new centralised federal system? What faces – concerned individuals about the budget for Penang? Has The first session of the programme who wanted to participate and the government attempted to im- presented an overview of the chal- make their voices heard. The event, prove the quality of life in areas lenges and constraints, achieve- ments and missed opportunities faced by the Pakatan state government of Penang. Participants were briefed on Malaysia’s heavily centralised federal system and what impact it has had on Penang’s development. An alternative vision of a more sustainable and green Penang was put forward.

The next session touched on the Penang Forum’s experience in engaging with the state government since 2008. After the first Penang Forum in 2008, a Penang Forum Declaration was submitted to the state government calling for a new partnership with the Penang people based on the prin- ciples of popular participation, transparency, accountability, sustainability and social justice.

The government was also urged to set up mechanisms for civil society groups to meet with the government regularly. This would provide an avenue for these groups to give input into policy making, monitor and provide feedback on these policies and help the government to resolve

Aliran Monthly : Vol.30(2) Page 23 problems and conflicts if required. The NGOs also called for easy access to public facilities such as the Caring Society Complex and Dewan Sri Pinang for their public education activities and other events.

During 2008, working groups were set up to look into the Envi- ronment, Heritage, Transport, Women, Youth and Students, Per- sons with Disabilities, Labour, the Arts, Local Government, Health and Goodwill..These groups came up with recommendations that were presented to the State tion of public-interest NGOs to at year of Merdeka. Government in March 2009. least five each in the MPPP and the MPSP. (Some names were sug- The idea behind Penang Forum 2 After lunch, speakers looked at a gested at the Forum as possible was not simply to organise yet case study of the transport situa- candidates.) another forum, but to couple this tion in Penang and some of the with popular consultation and more serious Seberang Perai is- Second, they called upon the state participation on the issues that sues, especially the lack of afford- government and the Penang Is- matter. In this regard, the future able housing and the recurrent land Municipal Council (MPPP) direction of Penang is not only floods. Later in the afternoon, an- to make public the Local Plan, dependent on lobbying the gov- other panel of speakers discussed which has been completed (and ernment of the day but in seizing opportunities for local democracy, revised) since 2009 and that this the opportunity to outline and the Selangor campaign for local be made available for a period of promote a vision of the Penang we democracy and the Penang Island three months for public scrutiny desire. Local Plan for urban planning. and feedback, in accordance with the Town and Country Planning The Working Group for Penang To round off the programme, par- Act. Forum 2 was drawn from repre- ticipants were divided into three sentatives of Aliran, Jerit Penang, groups for brainstorming and Continuing Malaysian Nature Society, more focussed discussions (see the journey Penang Heritage Trust, Penang Jottings from Penang Forum 2). Transport Council, Persatuan Or- The Penang Forum is an informal ang Cacat Anggota Malaysia At the end of the day, participants network of some three dozen (Pocam), Sustainable Indepen- at the forum passed two resolu- Penang-based NGOs and con- dent Living and Access (Sila), tions. First, they welcomed and cerned individuals which came Suaram Penang and Women’s supported the call by the Penang together in April 2008 for the in- Centre for Change. state government to hold local augural Penang Forum to chart a council elections. To this end, they possible way forward for Penang The presentations during the fo- called on the Elections Commis- after the historic 2008 general elec- rum and a summary of the discussion to respond positively to the tion. The genesis of this close co- sions will be uploaded to the state government’s request that operation may actually be traced Penang Forum website at they carry out such elections. In to Pesta Rakyat Merdeka in 2007, penangforum.net in due course. the interim period, they called a day-long convention and cel- The journey towards participa- upon the Penang state govern- ebration organised by these civil tory local democracy and sustain- ment to increase the representa- society groups to mark the 50th able development continues. q

Aliran Monthly : Vol.30(2) Page 24 CIVIL SOCIETY Jottings from Penang Forum 2 Participants at the Penang Forum on 7 March 2010 were divided into three groups for brainstorming and more focused discussions. This was what they came up with.

I. Local democracy

In the very short time for discussion/action planning, the following were discussed and proposed in the group focusing on Local Democracy.

General issue: No taxation without representation!

Local elections:

• Support state government efforts to reintroduce local elections; continue to lobby them and SPR as appropriate. • Pending the reinstatement of local elections, to The group also discussed how local elections could hold mock elections in selected areas. The people be conducted to avoid political-party-dominance. elected could serve as ‘shadow councillors’. The Thailand was cited as a possible model. holding of mock elections reasserts the peoples’ right to elect their representatives. The conserva- General issue: Devolving power (structures of lo- tive legal advice which says that local elections cal government) cannot be held because of legal reasons needs to be challenged; it is denying a fundamental prin- • To pursue the idea of citizen’s consultative com- ciple of democracy. mittees or equivalent, as highlighted in the Local • Selection of councillors: Pending the reinstate- Government Forum (State Government commit- ment of local elections, to ask for a minimum of 5 tee). NGO representatives on each local council (NGOs not to include Chambers of Commerce, General Issue: Accountability of local services as has been defined by the State Government at the moment). We started the ball rolling with re- • To establish a “name and shame” website, to both gard to identifying suitable candidates with a highlight good service delivery and bad service nomination process at this forum and got five delivery/process - naming names. This was names! linked to the idea of establishing an Ombuds- • To look at the terms of reference/conditions of man (independent office) to whom complaints appointment of councillors and make any nec- about local services could be made and s/he essary recommendations. would be bound to investigate.

A suggestion was made for a campaign to withhold General issue: Freedom of information and Speech taxes until local elections are back. No election, no taxation! To initiate a Freedom of Information Campaign,

Aliran Monthly : Vol.30(2) Page 25 aimed at getting the state government to adopt the legislation similar to or the same as that drafted for Selangor by the Coalition for Good Governance. A Forum is planned for Saturday April 24th on this issue, 2.30pm at the Caring Society.

To pursue the proposed Speakers’ Square project (proposed to be at Esplanade, twice a week; discussions are relatively advanced and it remains to decide when and how to launch it.)

General issue: Widening awareness/involvement in local democracy

• To organise a Local Democracy Week, perhaps in partnership with the state government. This would be a programme of many events, aimed at involving different target groups in discussions/ awareness/ actions regarding local democracy. • To organise regular forums and road shows, to build awareness about local democracy. • To organise occasional popular surveys on local democracy issues • To contribute to, or organise, trainings to help build capacity at state government and other levels, regarding local democracy. • To request that the Local Plan public review period be for a minimum period of three months Widening involvement of people of all communi- • To request that an English version of the Local ties, ages, religions and gender is agreed to be abso- Plan be made available lutely crucial in strengthening our neighbourhoods • To request that the Local Plan be put online dur- and our state, ensuring good governance and bring- ing the review period ing people together in building a future for Penang • To request that the process and requirements in that is fair, sustainable and inclusive. This is a chal- conducting the public review be made clear to lenge for all of us. the public in the media • To demand that each Adun conduct several pub- Different people will drive the different initiatives lic briefings on the Local Plan in relation to his/ suggested above. Anyone wanting to become inher constituency volved actively in any of them, please contact • To highlight the inadequate public consultation [email protected]. during preparation of the Local Plan • To request that the state government direct Local II. Local Plan group Councils to announce in the media any applica- tions for development planning approval of Issues of concern/to be addressed regarding the projects above five storeys and allow for public Penang Island Local Plan: debate/objections not restricted to adjoining • To insist that the Penang Island Local Plan be owners made public/displayed for exhibition and com- • To highlight the issue of federal projects super- ments, immediately in line with the state’s CAT seding /contravening Local Plans? policy (this should be done prior to State Exco • To request that the state take immediate and ur- approval rather than after) gent steps to ensure that all reclamation projects • To insist that the Local Plan be lifted from OSA come under the purview and jurisdiction of the classification Local Councils

Aliran Monthly : Vol.30(2) Page 26 III. Feedback on other issues cerns over education, but then the group listed all the concerns and the various methods of tackling A. Issues raised these concerns. The group raised 16 different issues which are categorised under four areas. • Get people to organise a meeting on government policy towards schools 1. Issues under the Local Council • Write letters to newspapers, local MPs/Aduns • Proliferation of swiftlet breeding in George Town (?), Education Departments, Ministry of Educa- • Unequal MPPP enforcement tion • Illegal cutting of trees and grass in the town area • Engage the youths with local NGOs • Traffic jams, beating red lights and excessive road • Collect written documents on related issues/ humps problems • Public toilets • Raise issues with political parties and the gov- • The rights of cyclists ernment, both ruling and opposition parties • Levelling of five-foot way and shop-houses front- • Engage people in road shows on various topics age • Establish websites to allow people to write feed- • Littering back on any issues of concern • Upgrading bus terminals at Komtar • Disseminate information to alternative media • Stray dogs and cats • Sites for food outlets More specific actions over the issues raised include: 2 Issues within the state’s authority • Conservation of fresh water and mangrove 1. Mangrove swamps swamps • Engage with Fisheries and Wildlife offices/de- • The price hike of water and increasing water partments. wastage (State Water Watch) • Work with MNS

3. Issues dealing with federal authority 2. Water rates • Government policy towards schools i.e. just fo- • Write complaints to groups like Penang Watch cusing on “getting As” • Take part in Penang Water Watch activities on • Security (snatch thefts) 21 April at Botanical Gardens and meet with CM directly 4. Issues related to democracy education • Lack of such education, need activities like 3. Security Penang Forum • Apart from federal policy, establish “Citizen Ini- tiatives” for security issue e.g. security at resi- B. Action needed dential areas

The actions to take were initially focused on con- 4. Democracy education • Penang Forum website will be updated and establish a column for people to provide feedback and disseminate information • To get people to organise through networking

5. Sites for stalls

People can access the Street Food Institute website to find out more about the issue of hawkers’ food

The group then identified people and groups it could work with on these issues. q

Aliran Monthly : Vol.30(2) Page 27 MIGRANT WORKERS “War on undocumented migrants” not the answer by Angeline Loh

liran views with misgiv- documentation and grant refu- illegal entry into the country tried ings the Home Minister’s gees access to health care, educa- in magistrates courts. AAA proposal to devise a tion and employment facilities in mechanism to monitor the country as migrant workers. 9. Make legal representation of “each and every foreigner” from migrants facing trial for immigra- the moment of entry into the coun- 4. Enforce equal labour rights for tion offences compulsory to ensure try to the date of their exit. migrant workers and local work- equality before the law in accor- ers, including the right to unionise dance with s. 8(1) of the Federal Whilst this may be a step towards and equal access to health care Constitution. clearing the current immigration and labour dispute settlement mess with the entry of overwhelm- within the Malaysian legal sys- 10. Institute an immigration ap- ing numbers of undocumented mi- tem. peals system in which migrant grants, the Minister is reminded cases may be reviewed to main- that security enforcement alone is 5. Institute a legal mandatory stan- tain consistency and stability in not an acceptable solution to the dard and qualification criteria for the existing migrant workforce in lack of a proper immigration con- migrant labour recruitment agen- the country. Deportation should trol system that recognises present cies and outsourcers that coincide be treated as a last resort. day migration realities. with Malaysian labour legislation. This standard should incor- The Home Minister and the If the Home Minister and Cabinet porate international and ILO CCFWII should realise after so Committee for Foreign Workers labour standards and be accept- many years of futile crackdowns and Illegal Immigrants (CCFWII) able to migrant labour source on ‘undocumented’ migrants that are sincere in this effort to revamp countries. these scare tactics are merely a or update our current immigra- waste of time and public funds. tion system, Aliran proposes that 6. Institute a monitoring and in- the CCFWII consider the follow- spection system for migrant Moreover, ill-treatment and hu- ing factors: worker recruitment agencies and man rights violation of migrants outsourcing companies, in coop- only attracts international con- 1. Legal recognition of asylum seek- eration with governments of mi- demnation of Malaysia, even ers and refugees, who should be grant labour source countries. within Asean. made a separate category from other migrants entering the country. 7. Recognise ‘non-documenta- The government should stop tion’ as an administrative offence maintaining its archaic view of 2. Allowing the United Nations that attracts civil instead of crimi- migrants as a national security refugee agency staff access to mi- nal penalties, including deporta- threat and take the trouble to deal grants seeking asylum to initiate tion after thorough investigation with the fundamental problems of proper assessment procedures to of each case. the existing immigration system, identify and register genuine refu- instead of waging a pointless gees. 8. Abolish immigration courts at ‘war’ on migrants to divert public immigration detention centres, attention from its own shortcom- 3. Legally recognise UNHCR and have migrants charged with ings. q

Aliran Monthly : Vol.30(2) Page 28 was an error in justice? When such an error involving justice is so apparent, should the court turn a blind eye to the injustice?

We are made to understand that Rule 137 of the rules of the Fed- eral Court stipulates that the court had limited power to decide on a review of its own decision “to prevent injustice or to prevent an abuse of the process of the court” (Malaysian Insider).

Is this the reason why the law is sometimes referred to as an ass? A record of Aliran'sAliran'sAliran's stand on current affairs. Does this mean that an injustice and an abuse of the process of Only divine unjust that it led Malaysians to court can be tolerated and con- intervention believe that Anwar had to be con- doned by the court? Is this what can assure justice victed no matter what. rule of law is all about? for Anwar Are we witnessing a similar sce- Why is Anwar being denied the Anwar can forget about getting nario in this instance where list of witnesses? Why is he de- justice from the Malaysian judi- Anwar is on trial for the second nied additional information and cial system. Rules can be bent, time charged with, of all things, evidence which is so crucial to his rules can be ignored, rules can be another sodomy? defence? Is it meant to crucify him overlooked when it involves by all means as many believe it to Anwar. This is what the man in The way things are moving, it be? the street is saying. seems, only divine intervention can save him from the injustice he Shouldn’t the court, in all fair- We witnessed this nauseating so- is being subjected to. ness, order this vital information called judicial process in both the be given to him so that the three trials concerning Anwar’s sod- Today’s ruling (25 February 2010) foreign experts who are here can omy and corruption trials in 1999. by the Federal Court refusing to advise Anwar’s team of lawyers In the first sodomy trial the review an earlier Federal Court as to how to counter the so-called charges were amended three times decision has an unsettling effect evidence with the prosecution? because the authorities did not on our system of justice. know the definite date to conclu- Strangely, the court has also ruled sively state when the so-called Solicitor General II Mohd Yusof that in spite of the fact that there sodomy was believed to have Zainal Abiden had argued that was no penetration according to taken place then. the court is not empowered to re- medical evidence, it will not dis- view its decision. A review can miss the case as there is other cor- In the corruption trial, the presid- only (be) granted if the applicant roborating evidence to support the ing judge made it so difficult for manages to prove that “there was charge. the defence to mount a serious an error in law” and only in ex- challenge to the charge. The judge tremely rare cases is a review Normally, penetration is most even decided that he should be granted (Malaysian Insider). crucial in the case of rape and sod- convinced of the relevance of the omy. In such an eventuality, other point before the defence was al- There may not be “an error in corroborating evidence may lend lowed to question the prosecution law” but what course of remedy credence to the charge but with- witnesses. It was so outrageously is open to the litigant when there out any positive evidence of pen-

Aliran Monthly : Vol.30(2) Page 29 etration what credibility would mocracy. They will find no peace daily basis so that it should be a this charge hold in any fair trial? of mind after this terrible, wilful living hell for them for their be- betrayal of trust. trayal of the people’s trust: they In the words of Lord Devlin, the should be ostracised; their func- court process “is to provide a civi- These riff-raffs have deserted the tions should be boycotted; they lized method of settling disputes. voters who elected them and be- should not be greeted or their pres- It is ...to remove a sense of injus- trayed the party that fielded them. ence acknowledged; they should tice.” Their individual action has be- be ignored. trayed thousands of voters in Unfortunately, we have not wit- their constituencies and com- Let the call go forth so that these nessed this truth so far. The injus- pletely discarded their sentiments. characters will be despised and tice has not been removed by any denigrated by their neighbours stretch of the imagination. Aren’t they accountable to their and their constituents. They constituents? Zahrain has disap- should not be allowed to hide their P Ramakrishnan pointed 27,618 voters; Tee Keat faces or be granted any sanctuary PresidentPresidentPresident has frustrated 20,210 voters and anywhere in this country. 25 February 2010 Mohsin has let down 18,943 voters. In all, they have betrayed a Aeschylus had this to say of such Deserters deserved total of 66,771 constituents whose traitors: I have learned to hate all to be despised support had put them in parlia- traitors, and there is no disease and denigrated ment and helped them to earn that I spit on more than treachery. thousands of ringgits monthly. The stage was set on 12 February They should be despised and 2010 for the dishonourable con- These are the same unprincipled hated for this unforgiveable be- duct of certain so-called Hon’ble vile characters like the ones in trayal. Members of Parliament. That day Perak who jumped ship and per- marked the first PKR resignation verted the democratic process and In a sense, their departure should - the MP for Bayan Baru - and frustrated the popular will of the be treated as a blessing. They have sparked the dishonourable exit of Perakians. They must be pun- purified PKR by resigning. Let the two more traitors of the voters who ished as a lesson to other vile char- others who will follow suit in the supported the Pakatan Rakyat by acters who in future may want to coming weeks be treated as good electing these renegades. On 1 emulate them and bring disrepute riddance to bad rubbish. Without March 2010 the MP for Nibong to the electoral process. them, PKR will emerge as a stron- Tebal, Tan Tee Beng, and two days ger and reliable party to bring later on 3 March, the MP for Bagan The man who accompanied each about change and new hope for Serai, Mohsin Fadzli Samsuri, of these traitors when their resig- Malaysians. announced their resignations re- nations were announced was the spectively. former Secretary-General of PKR, The 13th general election will be Datuk Salehuddin Hashim. the Waterloo for BN. Malaysians All of them suddenly seem to have When he left PKR for whatever are really fed up with their undemo- grievances with their party and its reason, that was his business. But cratic practice in toppling the duly policies. But whatever their views when he is seen as the hand engi- elected PR government in Perak; for may be with regard to party and neering the betrayal of the voters withholding allocations for Oppo- policy, these are only their per- and the party, it is now our busi- sition MPs; for denying Kelantan sonal views. These views do not ness to condemn his role in this its petroleum royalty. reflect the views of their voters nor nefarious affair and question his are they supported by those who motive. The BN has much to answer for. voted for the PR at the last general election. Their selfish conduct has We cannot forgive them nor P Ramakrishnan condemned them to dooms day should we forget their foul deed. PresidentPresidentPresident for subverting parliamentary de- They should be punished on a 4 March 2010

Aliran Monthly : Vol.30(2) Page 30 ANWAR'S SODOMY 1 Continued from page 40 brightly lit. When I was finally there was no link between them pointed at me and warned me that able to focus I saw four stone-faced though they were all directed at the officer who had just left was expressionless men seated on my personal particulars, about my the top-notch officer and added, chairs behind a table. The two work, something about everything ‘You know what he wants. He men on either side looked Chi- but nothing indicative of any sub- wants facts, information. We nese, the one in the middle … In- versive or criminal activities. This want facts.” I again protested that dian and the other Malay. My style of questioning was consis- I had done nothing irregular but guards left me standing in front tently followed throughout my they were not interested in my proof the table. There was silence in interrogation there though at testations and continued ha- the room. times some of the interrogators ranguing me … would leave the room leaving be- Suddenly the Malay man hind two and, at times, one inter- In between all the verbal abuse, thumped the table and shouted at rogator. I can guess they went to threats and advise, the Malay of- me in Bahasa Malaysia. I did not rest but they never let me rest. ficer tried to impress me with his understand him and apologised knowledge of Urdu by the use of in English for not being fluent in ‘Hidup MalaysiaMalaysia’ the odd word or two by singing a Bahasa. The Malay man then snatch of some Hindi song … switched to a mixture of Malay While this was going on I heard and English and abused me for the door behind me being vio- A Chance not speaking the language. He lently kicked open. I turned and repeatedly kept saying ‘f***’, saw a man walk in. The four be- One or another of the four would ‘f***ing’ as he abused me. The hind the table stood up. The man always warn me that if I did not other three joined in as well … who walked in was carrying a co-operate I would be sent to a thick heavy file. He walked up to detention centre for two years and After about 30 minutes or so the me and hit the back of my head that the detention would be fur- four of them stopped and the with the file and then shouted at ther extended in two-year mul- Malay officer suddenly slammed me that they knew everything and tiples. I was repeatedly told that I the table again and shouted at me that there was no need for me to would never see my family again in English that I had no manners, misguide them or to hide. He said and that I should consider this op- that I entered a place where there that they knew everything I did portunity a blessing since every- were four seated officers and I had with Anwar. one was giving me a chance. I not greeted them … From then on couldn’t understand what they my interrogators abused and as- When I tried to protest that I did wanted and what was this chance sailed me mainly in English … nothing except help write they were giving me. I would tell speeches, this officer menacingly them this. There was then suddenly a bar- said, “I am giving you 24 hours. rage of questions directed at me. Within that period come up with They would then emphasise, in One interrogator would ask a what we want or we will be very turn, repeatedly, about how senior question, I would be in the middle nasty with you.”… He then hit people had been arrested for their of my answer when another the back of my head again with own rehabilitation. They warned would cut in with a second ques- his file, thumped the floor with is me that my perception of no wrong tion. I would turn to the second shoes, shouted ‘Hidup was mine and not necessarily cor- officer and the third would attack Malaysia’(Long Live Malaysia), rect, that in someone else’s or his me with a different question. I turned and left. The door was (the officer’s) mind I had done would turn to the third and the heavily slammed shut behind wrong. They warned me that the first would yell at me demanding him. Internal Security Act was to re- his answer … train minds towards goodness, to When this officer left the room the offer me a chance to realise my The questions were never related, Indian-looking man at the table mistakes and an opportunity to

Aliran Monthly : Vol.30(2) Page 31 repent … sexual activities. I asked if they Anwar and homosexuality. They were making allegations against would make lewed remarks, ask- I had had just one small meal me … I told them that I had never ing me about the sixe of my penis since my arrest early on the morn- had a homosexual relationship in using expressions like ‘d**k’, ç**k’. ing of the 14 September 1998. I my entire life. They said they They would ask me for its length, had had no rest or sleep and had knew that that was my perception its diameter, asking me whether I lost all track of time. I was sick. of things but that my perception would like to put it in someone’s My interrogators did not care at of things was wrong, that they á**e’. They asked how I would all about my condition … they had to retrain my mind to see feel if I had someone’s meat began asking me whether I knew what was right and wrong, that ‘shoved up my a**e’… why I was there in their hands. I they would show me how … said I did not know and they This switching in the interroga- would then tell me that it had to For the first time at this session tion continued unabated right do with Anwar. When I would they also introduced a threat in- throughout the time I was with tell them that I was his English volving the presence of US agents them … Gradually they began to speech writer they would respond in Malaysia. They said that the introduce Anwar’s name more by saying that they knew. They US agents were here and were into the abuse and began to make would then ask me to think of my working with them and were al- him play a more active part in their position and that I had to help ready checking into my back- lewd description of homosexual them and the nation. They would ground with a view to cancelling and non-homosexual sex. They tell me how … my pending application for US began to make suggestions that citizenship and revoking my Anwar enjoyed homosexual sex. Wrong Perception green card. They asked me to think about homosexual sex, about ‘f***ing’ me. … one of the four started on the For hours, the interrogation They asked me to groan as if I was interrogation. He asked if I had veered between my rehabilitation, being ‘f***ed’ and enjoying it. thought about things and about the retraining of my mind, the po- how I could help them and the sition and well-being of my fam- Bullies country … I still could not under- ily, the possibility of my being put stand what they wanted from me away in a detention centre, of los- In that situation, in their hands, I on Anwar and I asked them. ing everything I had, my wife, my had little choice but to groan and children … moan as my captors wanted me Finally one of them asked if I had to. I acted as they wanted me to. read the affidavits that had been Vulgarity They were bullies and I was in published in the papers about their hands … They asked me if I Anwar. I said yes but not in any As the interrogation progressed had seen Anwar’s c**k and then great detail. One of them said that one or more of the four officers asked me to pretend I was suck- there were sexual allegations, par- without warning, break into loose ing the c**k of the ‘DPM’, as one ticularly of a homosexual nature, vulgar language. One would officer crudely put it. As I acted against Anwar in those affidavits. make statements like ‘Anwar f***s, out the demeaning, humiliating I told them that so far as I knew you f***’and the rest would laugh. parts they gave me, they laughed Anwar was not involved in any Another would then make a de- and asked if it was good. such sexual activities and that in rogatory remark about the all the years I had known him he Punjabis being big f***ers and of- By the end of the second day the had always conducted himself fer me a cigarette. I always felt long hours of interrogation, the with integrity. I told them that it lightheaded after I smoked one of lack of sleep, and the lack of de- was easy to make such allega- their cigarettes. cent food had left me completely tions. disoriented and exhausted … I re- The interrogation would then member the second day’s They said they would show me switch back to my work, my vul- interogation ending with my evidence. They asked me to think nerability and then, just as sud- interrogator’s warning to me to and concentrate on such homo- denly switch back to vulgarity and think about all they had said and

Aliran Monthly : Vol.30(2) Page 32 that they would be seeing me asked me to groan and moan the Parvez story. I denied this but again shortly … Their parting while I was doing it. they would have it no other way words, in unison, were ‘F*** stating that it was the Pakistani Anwar’. I was then handcuffed The fifth officer came back into the way of life. and blindfolded and led back to room and joined the original four. my cell. He took over the questioning but The original four interrogators this time went on a new and dif- then repeated the fictional I had no idea of time … Lying ferent line. He said that he had Parvez ‘story’to me and made there curled up in that foetal posi- been to Pakistan, said that sex me repeat it to them, again and tion I could only replay in my mind there was repressed and re- again, … At one point in their what my captors had repeatedly gressed. He said that homosexu- haranguing and their sugges- drummed into me: the sex acts ality was a way of life in Pakistan tions that I was a homosexual I they asked me to act out, the vul- and suggested that I should share asked if they knew biology and nerable position that I was in … my sex life details with them. It suggested a medical examina- In that silence, in that cell I was became apparent that this routine tion would confirm homosexu- alone and very far from normalcy and the haranguing was going to ality. They ignored this and for and truth and felt increasingly go on for ever. a long time made me talk about that no one could help me or my the male and female sex organs. family … I thought of all this and Truth and my denials were get- They wanted graphics and made I thought of sleep and food and ting me nowhere. I was at the me draw these, over and over. the love of my family and I cried… point of collapse and could not go They talked incessantly about on. I knew I had to play along anal sex, giving me extensive Abuse with them. The fifth officer took biological details about the size out a cigarette from a pack that and shape of the penis in rela- There was one man seated alone was in his pocket and offered it to tion to the male anus … at a table. I had never seen him me. I was always given a ciga- before. He asked me to sit. I did rette from a black pack. The offic- ‘Andre’ so and he then asked me for my ers when they smoked always personal history. I was too tired seemed to take cigarettes from They asked for dates and times of to resist or to ask why they were other packs. The cigarette tasted sexual encounters. I had none to asking for the same information unusual but good. Every time I give. They became angry and abu- repeatedly. He wrote everything smoked one of their cigarettes I felt sive and threatening. They went down. He questioned me on ev- strangely light-headed and back to sex in the US and asked erything I had done … ‘woozy’. for more names.

Sometimes during this interroga- ‘Parvez’ I fabricated an ‘Andre’. There was tion the original four officers en- again a momentary let-up in the tered the room and joined this fifth He suggested that it was natural interrogation, again a statement officer. They then took over the in Pakistan. I looked at him. He about my perceptions being interrogation while the fifth of- stared at me and then pointed at wrong, that I had forgotten, that ficer left the room. They kept on my anus. I was dead tired. I nod- they were reminding me and cor- drumming into me that my per- ded my head. He smiled and said recting them, again a warning ception of things was wrong, that ‘good’. It now became a sequence that if I concentrated the pattern I had forgotten, that I had to listen where they asked questions and I would surface, that I had to have to them. The abuse centred nodded in acquiescence and a tendency towards homosexual- around my penis, its length and when they asked for details I ity. They nodded in agreement, size, human genitalia, vaginal made up whatever pleased them. smiled, gave me a cigarette, and anal sex. They never stopped Gradually they made up a story claimed to know about this talking about sex, repeatedly stat- about a non-existent ‘Parvez’ and ficticious ‘Andre’ and said that ing that they had to f*** Anwar. some University liaison. They they had been told about ‘Andre’ They made me simulate anal sex wanted me to be the active part- by the US agents then in Kuala by lying down on the floor. They ner and insisted on that feature in Lumpur.

Aliran Monthly : Vol.30(2) Page 33 ‘Andre’ was someone created by what they wanted to hear. They my job and that if I refused me that morning in absolute des- were not interested that it was Anwar’s advances my employ- peration … untrue. They gave me a cigarette ment would be in jeopardy, that I and allowed me to smoke it … would lose important financial re- ‘Mior’‘Mior‘Mior sources. They made me say that it Whenever it suited them I was hurt me a lot that this kind of They then introduced the previ- made to lie on the floor and simu- behaviour was coming from a per- ous session’s sexual scenario into late anal sex with Anwar. I was son who claimed to be a pious the interrogation and started asked to alternate as if I was on Muslim and that he had betrayed pressurising me for details. When top of Anwar and then Anwar on a lot of Muslims in this country I had none to give they asked that top of me. All this was humiliat- and the whole Muslim world who I think about them while they ing. It descended into vulgarity had looked up to him as an in- waited for their senior officer to both in their actions and in their spiring leader. They made me say come back. In the meantime they words. But they never stopped … that every time I engaged in this went into other details and de- act it was a disgusting experience scriptions of oral sex. They repeatedly drilled into my for me. These were all lies made mind that my perceptions were up by the ISA officers. Then they reverted to their pattern wrong, that they were educating of interrogation but now began to me, rehabilitating me, showing me They wanted to fix details and concentrate more on Anwar. They how I was helping Malaysia and asked me to choose a month. I reminded me again and again that my family, that my only way out could not because there had never Anwar was a homosexual, that I from there was to give them what been any homosexual relation- had ‘f***ed’ him, that they had the nation needed. They came ship between me and Anwar. proof of it. They opened a bag, back to the issue of sex and placed There was nothing for me to took out some photographs and the photograph of ‘Mior’on the choose. They said they would threw them on the table. These table. They asked for details of the help and then started going were normal regular photographs. man. I told them that I did not through my work in Malaysia. Two were of me, one alone and know him. They said I had They went through the details; one with a person known as ‘screwed’ Mior. I denied that. that I first met Anwar in 1984; that Khalid Jaffar. There was another I first came to Malaysia in 1986; photograph of a person they said Choosing a Month that I only visited in 1986, 1987 was ‘Mior’. I did not know this and 1988; that I first began living ‘Mior’… They went back to Anwar and in Malaysia in 1988. My interro- anal sex and my perceptions. Step gators were struggling to fix a Suddenly one of the four screamed by step, by alternately shouting time. My interrogators settled on at me to stand up. I did so. All and screaming and questioning, March 1993 because in their in- four came from behind the table by cajoling and threatening, by terrogations they determined that and surrounded me in a very ag- warnings about detention and my after 1993 my speech-writing ac- gressive manner as if they were family, they made me repeat after tivities for Anwar were reduced about to assault me. One of them them again and again, that I had considerably … literally had his face in mine. They engaged in sexual misconduct all screamed at me, in my ears, with Anwar on several occasions. They knew from their interroga- loudly, again and again and They made me say that I was sorry tion of me that in 1993 I lived at again, that I had f***ed Anwar, about it all, that I was ashamed Bukit Damansara with my wife f***ed Anwar, f***ed, f***ed, and repented that all this had hap- and children. So they picked the Anwar, Anwar. They screamed pened. At stages they would stop month – it would be March 1993. and screamed and screamed, in to ensure that the information had I travelled a lot at that time and my ears, my face, at me, again and been drilled into me and would hoped, to myself, that I had been again, over and over asking me to then continue. abroad in March 1993 – I could say ‘yes’ until I gave in and broke have been in New Delhi, or down saying yes, yes. They They made me say that I was Casablanca or in Qatar for a con- stopped screaming. That was forced into it because I feared for ference or back to my home in the

Aliran Monthly : Vol.30(2) Page 34 US. I did not tell them this … walked out. and said that I had done a good job and that they could now ‘f***’ Then there would be the demand I stood rooted to the floor and was Anwar. that I endlessly repeat the details still standing when the four inter- they had settled on until they were rogators walked back in. They ‘Free Will’ drilled into me. When they were asked me to sit and told me I had finally satisfied with my repetition done a good job. They offered me They then transferred me to the of the details they switched back a cigarette and told me that it was back seat of a Proton car. I was to telling me that the higher au- only 4 to 5 months and that I wedged between two officers … thorities had been contacted shouldn’t worry. This was the One of the officers pushed me about me, that they were happy first time there had been any men- down on the seat so that I could with my co-operation and perfor- tion of these 4 to 5 months and I not be seen. When the car stopped mance … asked them what they meant. I found that I was at Bukit Aman They said that was the sentence I … the senior officer once again Emotional Speech would get. I protested but they started telling me that my family said I was not to worry. They of- would be proud of me and that A little later another officer walked fered me another cigarette and thy were safe … in. This was the person who even- laughed and said I had a great tually took me to see a magistrate ‘c**k’… He then said it was time to take for a statement to be recorded from me for the statement to be recored me. He was very stern. He The ‘Date’ from me the way I had been briefed shouted at me to stand up. I did the night before and then added so … He said that they were can- A little later he returned and spoke as an obvious warning that all my celling my identity card, that steps privately to the four interrogators. Internal Security Act detention had been taken to send me to the Two of the four then left the room. problems would be resolved after detention centre and then eventu- At this point four new officers I had given the statement. ally to deport me. He declared that walked in … The others ad- my US citizenship was in serious dressed the man who sat in the They again put me in the car and jeopardy and that the US agents middle as ‘Dato’. This ‘Dato’ hid me by making me bend for- in Malaysia looking into things spoke first in a cold tone … He ward. When the car finally had decided to revoke it. My fam- assured me that they would liase stopped and I was taken out I no- ily had been told to pack up. with the US agent to resolve my ticed that I was in the Court com- US citizenship status satisfacto- plex. At the Court while we were He warned me that I had nothing rily. He said that his officers had walking I was constantly being left unless I agreed to serve the told him that I had agreed to die reminded of what I had to say in country, that I had only one op- for the nation but that he had no my statement to the magistrate … tion and that was to co-operate desire to punish me since I was a ASP Mazlan went into the with them. He then started on a victim of Anwar’s lust and after Magistrate’s room and took me in. very emotional speech about lov- all what was four to five months The ISA officer waited outside. ing Malaysia, about sacrifices, when compared to death … about fighting for and giving The Magistrate talked to me in one’s life in defence of Malaysia, I was numb from fear and worry. Malay … At some point she asked about defending Malaysia, about When he was finished the three if I was there of my own free will going to jail for Malaysia. He seated officers stood up. The jun- and made a remark about my be- screamed at me whether I was pre- ior officers saluted, everyone of ing alone in her room. I didn’t pared to do all that. He screamed them shouted ‘Hidup know whether to laugh or cry be- ‘answer, answer, answer.’ I was Malaysia’and they all left. This cause she was completely miss- stunned and all I could say was must have been very late into the ing the point that I had been ‘yes, yes, yes’. He thumped his night. I was left alone for a few brought there by my captors and shoes on the floor, raised his arm minutes. Then all the four inter- interrogators, that they were wait- in the air and shouted ‘Hidup Ma- rogators walked in. One came ing outside her room and that laysia’ and then turned and over and slapped me on my back when I was finished I was going

Aliran Monthly : Vol.30(2) Page 35 back to my small cell. My life and would be taken to a Sessions Court After all these warnings I was freedom and that of my family the next day and that I would locked up in a cell at Bukit Aman were in the hands of the police … have to plead guilty to a charge and left for the night. By next and to admit to the offence. morning I was a wreck of a man The irony of her writing that I was with worry. I was asked to dress making a statement of my own free I asked him why … and he replied in the same clothes that I had worn will and reading back that state- that otherwise they could not pro- when arrested. I had slippers on ment to me and then asking me to ceed with the case against Anwar. my feet and was given a skull cap sign it hit me very hard. She read He said arrangements had been to wear to hide my bald head. back that statement to me. She made to get me a light sentence. signed. She asked me to sign. She To every question that I asked him Screaming in Court repeated that only the three of us after that he gave me a stock an- were present in that room. We swer – “Don’t ask me. Ask the I was taken to the Court complex signed again … Police.”… Yacob Karim never at by ASP Mazlan and several other any time spoke about fees or be- police officers. They adopted vari- The lawyer ing retained by me or about in- ous cloak and dagger tactics to forming my wife about my situa- initially keep me hidden and ASP Mazlan then asked me tion. I am now not surprised at away from the hordes of photog- whether I had a lawyer. I said I the way he attended to me that raphers there. I was finally taken did not. He said to me that I was afternoon since his conduct then into a court. not to worry and that he had one and subsequently cleary showed for me. ASP Mazlan never at this that he was working together with I was shivering and my palpita- point of time, or before or after that, the police in denying me my tions were very strong. My breath- told me that my wife had already rights. ing was laboured and I had diffi- engaged a lawyer for me and that culty controlling my bladder. I lawyer had already been in con- Last Warnings remember at some stage some- tact with Police Headquarters body giving me something to wear right from the first day of my ar- After Yacob Karim left, three of my to stop the shivering but it did not rest. previous interrogators came into help. I remember at some point in the room … They reminded me of the middle of the court proceed- He then made a telephone call and the arrangements made for the ings being no more able to control spoke to someone … He men- next day and warned me of the my bladder and having to be al- tioned a name to me – Yacob consequences if things went lowed to go and urinate. I was Karim – and after telling me that wrong. I was reminded that my then taken into a Court by ASP he was to be my lawyer handed family was vulnerable … I was Mazlan and many other police the phone to me … All I can say is cautioned to be strong the next officers. that it was a pre-arranged thing day and to plead guilty as the law- and that when ASP Mazlan spoke yer had told me to do … Yacob Karim was in that Court. I to Yacob Karim a little earlier this saw ASP Mazlan and the other Yacob Karim was already there in They said that I had to be away police officers spread themselves the Police Headquarters … for 5 to 6 months so that things around the Court. Yacob Karim would quieten down but that af- came to me and handed me two Yacob Karim sat at the table across ter I come out of prison there documents. He said it was the from me. His first statement to me would be a job waiting for me. charge which I had to admit. I was that he was sorry that it, the During these 5 to 6 months, they saw the documents for the first sodomy, had happened to me. I said, my family would be looked time that morning. Even in my was shocked at this as it showed after and that they had already condition I was shocked at the that he had been briefed by the talked to my wife. My wife now details. Yacob Karim told me not police and even more shocked that tells me that no one from the to question anything, just to plead he believed it … Yacob Karim then Police Headquarters called her guilty and then, when asked, to proceeded to tell me that arrange- or gave her any information acknowledge that I knew I could ments were being made and that I about my whereabouts. be punished for the offence. He

Aliran Monthly : Vol.30(2) Page 36 then showed me another sheet that outburst to appease my cap- They stripped me of all self-re- which he said were the facts of the tors so that they would leave my spect; they degraded me and case. He said that when the facts family alone. I then spoke out broke down my will and resis- were read to me I was to admit loud for ASP Mazlan and the tance; they threatened me and my them and say nothing else. He told other police officers to hear that I family; they frightened me; they me that he would attend to the rest had nothing to do with that law- brainwashed me to the extent that and that everything had been yer coming there. I ended up in Court on 19 Septem- taken care of. ber 1998 a shivering shell of a man At some point when I was in that willing to do anything to stop the At one point before the judge came court I saw my wife there. She destruction of my being … into the Court I saw a man come appeared petrified, as if cast in near me. He said that he was a stone. She seemed unable to move I am a happily married man with lawyer and that my wife had ap- like an animal caught in the glare two lovely children. I was just pointed him to act for me. This of the headlights of a moving car. doing my work and enjoying it. man pointed at Yacob Karim and She didn’t even blink. She was My captors and my interrogators asked who he was. Yacob Karim totally helpless. So was I. This have destroyed all that … I have came to where I was and stood was the first time I had ever been had a long standing world wide there. This man spoke to me in a Court. I haven’t even had a reputation of being a respected rather abruptly and asked who parking violation in my 23 years intellectual individual … My appointed Yacob. I pointed at of continuous living in the US. captors for the purposes of their ASP Mazlan. ASP Maslan ap- criminal objectives have unjustly peared angry and immediately The proceedings moved fast after destroyed my image. gestured that I shouldn’t involve that. I did what the police ex- him and pointed towards Yacob. pected of me. I was trembling un- I did no wrong and I am innocent. controllably throughout the pro- God knows that. I saw some of the other plain- ceedings. Even a jacket which was clothes police officers start to placed over me did not stop me I make this solemn declaration move. from shaking and shivering un- conscientiously believing the controllably. No one seemed to same to be true and by virtue of I panicked, wondering what was care. The words, sounds, sights the provisions of the Statutory about to happen and feared for my all floated around me as if I was Declarations Act, 1960.. wife and children. Yacob who in a daze … I was sentenced and had been quiet suddenly found then handcuffed. Yacob came to Subscribed and solemly declared by his voice and said he was my law- me and told me not to worry … I the above-named yer. I lost control of myself then, was moved to a cell in the Court Munawar Ahmad Anees out of sheer fright. My head was complex. Before leaving me there (NRIC No: 480927-71-5139) full of the Internal Security Act, the ASP Mazlan came once again to Kuala Lumpur threats made to me and my fam- me and said that the Inspector 7 Novembdr 1998 ily, the presence of the police there General of Police was very happy in court … I felt that if I made a with the way I had handled my- Reproduced from Aliran single move that displeased the self in Court … Monthly Vol. 18 No. 11/12 police my family would be hurt, that they would bring down their ‘They full force to bear down on my wife brainwashed me’ and my two young children. I had already felt the force of their I was interrogated over long and strength. continuous sessions. I was always removed from my cell as No: I screamed at this lawyer words 26, always blindfolded and hand- to effect that he had no right to cuffed. I was systematically hu- communicate with my wife or in- miliated by my captors who al- vade my privacy. I hoped with ways remained unidentified.

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Aliran Monthly : Vol.30(2) Page 38 Aliran Monthly : Vol.30(2) Page 39 PAGES FROM THE PAST Anwar's Sodomy 1 Revisited Dr Munawar’s Statutory Declaration (excerpts)

MunawarMunawarMunawar being ledledbeing to courtcourtto

had no idea where I was. ‘Mr Nice Guy’ very lethargic. I was finally pushed III through a door and This ritual of a loud knock and Once again there was the now fa- when my blindfold was the doors being violently opened miliar bang on the door and my removed and my eyes adjusted to was followed each time I was number ‘26’ was shouted out. the light I saw that I was in a cell taken out of my cell … I was now The door opened and this time of approximately 8 feet square … directed to take a bath … As I got two guards walked in … They first The room was brightly lit by an ready to take a bath the guard handcuffed and then blindfolded overhead light that was never yelled at me to get on and to hurry me … They led me out of my cell. switched off throughout my stay up … I started my bath but when They held me for a short distance there … I was halfway through it and and from then on gave directions while still having soap on my and allowed me to grope my way Before my captors left the cell I was body he stopped me and then got … We went up a flight of stairs – told, rudely and in a dismissive me to dress and to get out of the there were 50 steps over five land- style, that I had henceforth no bathroom. I forgot to switch off ings … After the 50th step I was name or identity, that I was num- the light and the guard became asked to stop. One of the two ber 26. About 10 to 15 minutes angry and screamed at me that he swung me around and punched later the door of the cell was wasn’t there to serve me. I was me in the stomach and said that slammed open and a man walked rushed back to my cell with my he was ‘Mr Nice Guy’ and that I in and shouted out ‘26’. I was clothes still damp … was ‘Dr Feel Good’… slow to respond and was severely reprimanded for that … I was tired, dazed and disori- My handcuffs were now taken off. ented, still having very heavy pal- A moment later one of the guards I was forced to sit … and, against pitations and laboured breathing took my blindfold off. I saw I was my will, shaved bald. I was then and intensely worried about my facing an open room. It was given a dustpan and a small family. The heavy feeling in my broom and asked to sweep up my legs and light-headedness had re- hair … turned after the rice meal and I felt Continued on page 31

Aliran Monthly : Vol.30(2) Page 40