Still Awaiting the “New Sunrise” Little Has Changed for Indian Malaysians in the 20 Years of Samy’S Leadership of the MIC by Martin Jalleh

PP3739/12/2000 ISSN 0127 - 5127 / RM3.00 / 2000:20(11/12)

Aliran Monthly 20(11/12) Page 1 COVER STORY Still Awaiting The “New Sunrise” Little has changed for Indian Malaysians in the 20 years of Samy’s leadership of the MIC by Martin Jalleh

n May last year, S. Samy III Vellu, president of the Malaysian Indian Con- gress (MIC) promised the 300,000-odd plantation workers in the country “a new sunrise”.

“The period of sunset will diminish...when monthly wages come into effect”. And the new hope was supposed to have been realised by the end of last year.

The year has ended, yet another promise is broken, and the plantation worker is still unable to see light. the scandalous marginalisation of his 21st year as president of the the Indian Malaysian, the planta- MIC. He wants us to know that Even if the Government were to tion worker in particular, remains the MIC is the second oldest po- announce tomorrow an agreed a “damn spot” which the Govern- litical party in the country, monthly wage, (after 50 years!)... ment, the MIC and Samy cannot formed three months after UMNO erase. in 1946.

This, of course, has very much to He very proudly believes that the do with the leadership of the In- MIC “is the only party represent- dian community. Alas, there is no ing the Indians in the country” reason to believe, when one looks (Sun, 14 Sept 2000) But for the back at 20 years of Samy’s feudal- majority of Indians in this coun- istic leadership and lordship, that try, little has changed with the the Indian Malaysian will see MIC, definitely very little with sunrise. Samy. 20 Years Samy is adamant that the Indian S. Samy Vellu is now into community “has benefited and

Aliran Monthly 20(11/12) Page 2 EDITOR'S NOTE

The Indian Community In Malaysia CONTENTS In the run-up to last November’s Lunas by-election, the nation’s attention was drawn to the position of the Indian community in Malaysian politics. The COVER STORY nomination of keADILan’s Saifuddin Nasution to ••• Still Awaiting The “New Sunrise” 222 challenge the MIC’s candidate in a seat tradition- ••• Monthly Wage 999 ally “reserved” for Indians was seen by some as a slight against Indian Malaysians. ••• Cause Of Violence 111111 ••• Pioneers, Squatters The election result reveals that a majority of the In- And Flat Dwellers 141414 dian voters in Lunas voted for the BN unlike their Malay and Chinese counterparts.Some observers ••• Breakthrough In Klebang 161616 have concluded that “the Indians are a lost cause” in the struggle for reforms. FEATURES ••• Malay Unity : A Shift - Not A Rift 222222 Aliran believes that all Malaysians, especially the lower class, are yearning for change. But not enough ••• Exorcising Phantom Voters 262626 effort has been made to reach out to them. A first ••• Rape : Inadequate Sentencing step is to understand their plight which demands And Legal Procedures 292929 urgent action. In this issue AM looks behind the ••• The Promise And Perils Of promises made by Samy and the MIC and the hype over alcoholism and gangsterism. Global Health, Inc. 353535 ••• The Oslo Process Is Dead 373737 Martin Jalleh documents the lack of change for the ••• Justice In Double Jeopardy 404040 poor Indians under Samy’s 20-year tenure. Dr M Nadarajah debunks the simplistic explanation that Tamil movies cause violence within the community. REGULARS Rather, it’s marginalisation, he insists. S ••• Thinking Allowed 191919 Arutchelvan explores why the decades-old monthly ••• Current Concerns 313131 wage issue hasn’t been resolved. Dr Yeoh Seng Guan laments the passing of a squatter community and ••• LettersLettersLetters 323232 the dispersal of its residents into high-rise “chicken- coops”. OTHERSOTHERSOTHERS ••• Subscription Form 181818 But there have been significant, if small, break- throughs. Veerasenan reports a breakthrough in the struggle of the Klebang residents against a developer, while Dr Jeyakumar Devaraj informs us of another battle to rid the Sg Siput electoral rolls of phantoms. Perhaps there’ll be change there in the 2004 elections which might have far-reaching effects for Published by the Indian community in Malaysia. Aliran Kesedaran Negara (ALIRAN) 103, Medan Penaga, 11600 Jelutong, ALIRANALIRANALIRAN is a Reform Movement dedicated to Penang, Malaysia. Justice, Freedom & Solidarity and listed on the Tel : (04) 658 5251 Fax : (04) 658 5197 roster of the Economic and Social Council of the United Nations. Founded in 1977, Aliran welcomes Homepage : http://www.malaysia.net/aliran all Malaysians above 21 to be members. Contact the Hon. Secretary or visit our webpage. Printed by Angkatan Edaran Enterprise Sdn. Bhd. Lot 6, Jalan Tukang 16/4, Seksyen 16, 40000 Shah Alam, Selangor Darul Ehsan.

Aliran Monthly 20(11/12) Page 3 achieved from the country’s economic progress” (NST, 12 Nov 2000). Yet, the resolutions of each MIC General Assembly apparently have been the same with each passing year...for the past 20 years!

A delegate at last year’s 54th MIC General Assembly, stated: “We pass the same or similar resolutions every year and memoran- dums have been presented to the authorities, but we are not taken seriously.”

A Sad Joke the economic status of Indians”. words are all Samy has, as he Even Samy does not take his claim begs, bows, and bends before his that the Indian Malaysian has Samy had even declared at the political Master — who never benefited seriously. He contra- 54th MIC General Assembly that fails to pat him on the dicts himself ever so often. What “the rubber industry workers have shoulder...as the Indian plantation he says has become a joke, a sad been neglected over the past 150 worker continues to bear the brunt joke. years.” on his/her shoulders...

Consider this, on Deepavali Day “...and,” he would add, “...the The evidence is so clear and com- last year Samy had urged the In- MIC is committed to ensuring a pelling — whether it be in hous- dians to ponder on the “abun- dramatic and significant change ing, health, education or econom- dant wealth provided by the Gov- in their lives in this century (NST, ics... the Indian Malaysian, the ernment for the people”. Yet be- 28 May 2000). plantation worker in particular, fore the 54th MIC General Assem- has been shortchanged. bly he had called on Indians to One hundred and fifty years of free themselves from the “shack- neglect — yet Indians have “ben- Housing Woes les of poverty” (Star, 27 May 2000)! efited”? Is this a joke? So where have the MIC and Samy been all During his term as MIC president, Indians should not consider them- these years? It appears that Samy thousands of Indian plantation selves “third-class” citizens. They Vellu and the MIC leaders have workers have been displaced from have benefited much from the no sense of shame. their homes and from the land country’s progress (NST, 12 Nov which they and their forefathers 2000). Yet months before, he had “The primary responsibility of re- had cleared, toiled and lived on. spoken so emotionally of the need dressing social imbalances to correct “the imbalance of eq- among the communities falls on For their daring and dedication in uity participation” of the Indians! the Government’s shoulders” — transforming harsh jungles into such strong and brave words, es- productive rubber estates, they According to Samy, the Indian pecially with the PM seated beside have been deprived of a home, in Malaysian is equal to all other him at the 54th MIC General As- many cases, to make way for the citizens...yet he would when the sembly. development of luxury homes. occasion suits him ramble, rave and roar about the “...uplifting (of) They remain mere words, and For their long-service to their em-

Aliran Monthly 20(11/12) Page 4 ess intended to break their resolve not be solving problems on an ad for justice. hoc basis. We should find permanent solutions”. Sad to say too, many of the plantation workers are in their twilight Later when opening the Federal years. Some have served as long Territory MIC Convention, Samy as 40 to 50 years. They have no- had said that a special commit- where to go, they know not an- tee would be set up in the Federal other trade — “engines for Ma- capital to “look into the woes of laysia’s economic growth” (ac- the community”. cording to Samy), yet now dis- carded. “I have directed Senator Datuk V.K.K. Teagarajan (the FT MIC According to the 1998 Productiv- chief) to set up a special commit- ity Report , estate workers played tee and gave him two months to a vital role in generating the come up with the list of Indians RM15.8 billion or 11 per cent of who are living in squatter areas the country’s revenue. For a peo- and long-houses” (NST, 14 July ple whose contribution to the 1997). economy has been so substantial surely they deserve better. Three years have passed. Yet at the MIC General Assembly last year, At the 4th Selangor MIC conven- Samy cited the case of some 25,000 tion at the Dewan Jubilee in Shah Indian Malaysians still living in Alam, Samy, with almost blurry squatter houses! So what had the eyes, “deplored the plight of thou- “special committee” done? sands of displaced estate workers living in squalor in dozens of During a verbal clash in Parlia- long-houses and squatter settlement in November last year over ments all over Selangor” (Star, 14 the Opposition’s allegation that July 1997). the Government was not giving proper consideration to the Indi- In an emotional two-hour speech, ans, MIC secretary-general Samy said that the problem was S.Sothinathan stood up to ask: not new as it was “a predicament “Do you think MIC is doing noth- common for the past 20 years”. So ing?” what has he and his party been doing? The answer, as they say, is blow- ing in the wind. The situation was unacceptable especially when “the Selangor Till today, the Attorney-Gener- Government had a policy to en- al's Chambers continues to de- sure workers received low-cost lay expediting legislation mak- ployers and for having contrib- housing and alternative employ- ing it mandatory for estate uted to the growth of the national ment before approving re-develop- owners to provide housing for economy, they have been served ment of estates” (NST, 14 July retrenched workers when con- with eviction orders or paid a pit- 1997). verting or selling their land for tance as compensation, or commercial development (Sun, dragged into a tedious Court proc- He could only lament: “We should 11 Sept 2000).

Aliran Monthly 20(11/12) Page 5 The marginalisation continues. MIC General Assembly in May years later (1999), MMA president 2000. Education topped the par- P.Krishnan was still lamenting Schooling ty’s list of resolutions (Sun, 29 May over “the never-ending healthcare Whilst Chinese schools in the 2000). issues in estates” — which in his country have been making much opinion was due in part to “the headway in education, Tamil Samy provided his usual stere- lack of political will to solve the schools have lost their way. otyped responses — he would problem”. raise their complaints with the In the 1992 UPSR examinations, Cabinet, a study would be con- He added: “I cannot understand eight out of 16 Tamil schools in ducted, a special unit would be why none of the politicians are the Federal Territory recorded set up ....till the next General As- taking the issue up.” (The Star, 24 “zero passes” (Star, 2 May 1993). sembly... Oct 1999) In March last year, it was reported Healthcare that all the UPSR students in 22 Who Has Eaten My Tamil schools in Selangor, failed Even in estate healthcare, the MIC Cake? in all the subjects of the examina- and its president have little or tion(!) (Sun, 12 March 2000) nothing to show. One does not Every year on Deepavali, Samy need to go very far back. Vellu very symbolically feeds the In September last year, Samy, PM with a piece of cake. Is this whilst dismisaasing a gloomy Five years ago, the Malaysian why the economic cake of the In- picture painted of Tamil schools, Medical Association (MMA) re- dian Malaysians has been shrink- said: “Who says all Tamil schools vealed that medical services in ing with each passing year? are gone. Even the blind will not plantations had shown “no sig- say such things” (Star, 23 Sept nificant improvement over the last What has Samy Vellu and the MIC 2000). six years despite calls and recom- done to improve the economic mendations by concerned bodies well-being of the Indian commu- The following month, however, including the MMA” (NST, 4 July nity in Malaysia? The resolutions Samy revealed that about 200 of 1995). of each passing year provide more the 520 Tamil schools in the coun- and more evidence of mismanage- try may have to close down due to According to S.Pakirisamy, Presi- ment, scandal and frustration. development, migration and dent of the Estate Hospital Assist- change of estate crops (Star, 30 Oct ants Association, who has had 40 Even if Indian Malaysians were 2000). year’s experience in plantation to ignore the Maika-Telekom services, “health care was much shares scandal, they would still “The conditions of most of these better in the 1950s”! (Star, 25 June be left with the disastrous per- (Tamil schools) are deplorable, 1995). formance of Maika Holdings Bhd and many lack basic necessities in 1998 and 1999. like libraries, tables and chairs In December 1996 , then Health Maika Holdings (NST, 30 Oct 2000).” Ministry parliamentary secretary M.Mahalingam announced that Set up in 1982, Maika Holdings Some time back, a survey by the the Government intended to close Bhd was an MIC investment ve- PM’s Deprtment showed that only 42 out of the 50 estate hospitals in hicle meant to bring hope to the three out of 1,000 estate children the country “due to their deplor- Indian Malaysians. managed to make it to the univer- able condition” (Star, 23 Dec 1996). sity (Star, 12 June 1993.) But it only brought them misery. In 1997, the Cabinet directed the Its soaring cumulative losses As in previous assemblies, del- Health Ministry to take over the have only brought nightmares to egates continued to raise the hospitals and clinics “for only a the poor Indians who had in- plight of Tamil schools at the 54th year” (!) (Star, 18 Aug 1997). Two vested whatever they had for a

Aliran Monthly 20(11/12) Page 6 better tomorrow. Its pre-tax losses Ask Komala Krishna Moorthy — tion workers. for 1997 were 22.63 million, for Kapar MP, MIC’s Information 1998 35.79 million and for 1999 a Chief and a member of the Na- P.Kanniyama, NUPW, Sungala staggering 44.35 million. tional Economic Consultative Estate secretary tells of the plan- Council II Economic Committee — tation worker struggling to sur- The losses, of course, reflected and she will tell you that “a large vive: “What do you expect us to very poorly on Maika’s newly-ap- number of Indian businessmen do with RM300 and less a month, pointed Chief Executive who hap- are not getting their share of busi- we cannot support our families as pens to be the son of Samy Vellu. ness” (Star, 4 June 2000). everything is expensive now...the (The Star, 12 Dec 1999) plantation owners are making The PM had claimed during the millions in profits but we have Chairman Dr K. Ampikaipakan, in General Assembly (and this been neglected all this his statement in Maika’s Annual would later be repeated in Parlia- while” (NST, 5 June 2000). Report thanked “our founder, Y.B. ment by Parliamentary Secretary Dato’ Seri S. Samy Vellu, for his in the PM’s Department Noh The PM had also announced that untiring assistance and guidance”! Omar) that the average monthly the Government had agreed in income of the Indian household principle to monthly wages for The Annual Report contained has increased from RM304 in estate workers, with only the pages of businesses within the 1970 to RM1,209 in 1990 and amount to be determined. This Group that had “faltered”, RM2,702 last year (NST, 28 May was the result of the hard work of “ceased operations”, been “put 2000). Samy, the PM had made sure to up for sale” and of the company’s mention. “negative growth”. The figure is misleading, and is surely not the average income of Samy chose to respond in poetic The Indian share in corporate eq- the thousands of Indian planta- fashion: “The period of sunset uity rose from 0.5 per cent to 1.5 per cent during the last 30 years but was extremely low compared The Indian Malaysian to the equity owned by the Bumiputra and Chinese commu- PopulationPopulationPopulation : 1.8 mil. or 8 per cent of 22 mil. nities (The Star, 28 May 2000). Corporate Wealth : 1.5% compared to Malays 19.4% & Chinese 18.5% The delegates’ resolutions re- Pop. of estate workers : 300,000 (About 40% are Indians) flected how they really felt about the way they were being treated. CrimeCrimeCrime : • 40% of country's serious crimes by Indians They urged the Government to: • 38 Indian-based gangs with 1,500 active members • make it mandatory for firms • 100% increase in Indian gangsters in three- going for public listing to re- year period serve at least 5 per cent of the • Highest number detained under the Emer- shares offered for the Indian gency Ordinance and banished to Simpang Renggam Prison community; • impose a condition to ensure Social woes : • 15% in KL are squatters Indians have a 5 per cent par- • Highest suicide rate ticipation rate in all privatised • 41% of vagrants & beggars projects; • 20% of child abusers • provide more job opportunities • 14% juvenile delinquents for Indians in the Government sector.

Aliran Monthly 20(11/12) Page 7 will diminish and a new sunrise issues that he would dramatise gress” (NST, 10 March 1997). will be visible in the life of the es- when things came to a dead-end. What has the MIC been doing tate workers when monthly wages since 1997? come into effect. (NST, 28 May Two months before the PM’s 2000). monthly-wage revelation, Hu- Displaced, deprived and man Resources Minister Fong disempowered — disillusioned He would later add that “estate Chang Onn had in fact given the by the empty and broken prom- workers could expect monthly assurance that a permanent pay ises of politicians like Samy Vellu wages before the end of the year” system would be finalised by — demoralised by the slow grind- (Star, 28 May 2000). July 2000. ing wheels of justice — drowned in a vicious cycle of poverty and “They don’t have to live hand-to- It is now February 2001. Yet, Samy violence — the poor Indians, es- mouth. I was prepared to sacrifice Vellu has nothing to show. pecially their young end up dys- my (Cabinet) position...I said if this functional in society. They are was not successful, it is better for Disillusioned And studied and documented and may me to leave the Cabinet so the Cabi- Dysfunctional even one day be damned into ob- net thought it’s better to sit and livion!. discuss.” Five years ago, then Deputy Home Minister Megat Junid had warned Surely the grave social problems This was not the first time that that there was an alarming that plague the Indian community Samy had offered to resign. Ten number of 1,000 Indian gangs are as old as the presidency of years ago, he had done the same. nation-wide: “Not only gangster- Samy and the MIC. Yet his re- The Government had to intervene ism but other social problems (in- sponse is one of calling for more and force more than 300,000 volving Indians) are also on the studies and the setting up of task workers from prolonging a strike rise” (Star, 25 Sept 1995.) What has forces. to protest against the worsening Samy been doing since 1995? conditions in the estates. Indian Malaysians cannot be About four years ago at the open- blamed for feeling third-class or Similar protests were held in ing of a working meeting of MIC’s an underclass or outclassed — 1994, 1995 and 1996. divisional chairmen, Samy pre- they have been led and misled by sented a paper entitled “An pathetic politicians who seem- But Samy has always returned to Agenda For Action: Overcoming So- ingly have neither shame nor scru- Kuala Lumpur...to his “Cabinet” cial Ills in the Malaysian Society, The ples. to sit and discuss long-standing Role of the Malaysian Indian Con- Perhaps the greatest “crime” of the majority of Indian Malaysians, plantation workers in particular, is having entrusted their lives and future into the hands of their leaders, who in return, have handed them only hype and hypocrisy instead of home and hope, more suffering instead of a new sunrise. q

Martin Jalleh is a poet and social commentator based in Penang.Penang.Penang.

Aliran Monthly 20(11/12) Page 8 COVER STORY Monthly Wage Why Hasn't This Issue Been Resolved? by S Arutchelvan

he issue of the plantation TT workers’ monthly wage TTT is rather simple and the reason why it is not being resolved is quite obvious. The plantation industry has been very consistent in giving low wages as well as maintaining the status- quo - the daily-rated wage system. Indeed, the issues concerning low wages, housing, poor health and lack of education facilities are not anything new. There is recognition of these shortcomings in every Five-Year Malaysia Plan and in Nasional dominated by UMNO, while health facilities in the plan- the National Economic Plan. But which is Malay-based, and tations remain woefully inad- the big question is: why hasn’t the wherein the Chinese-based MCA equate. Indeed, poverty eradica- government resolved these issues? plays second fiddle, has been less tion programmes have also been than sensitive to the plight of the denied to these communities of The three main characters or play- plantation workers. It follows that poor Malaysians. Instead, the ers in the plantation world are the MIC has been the major party government argues that it is the plantation labour, plantation capi- highlighting the problems they responsibility of the plantation tal and the state. Let us now look face. In fact, it passes resolution owners to provide and to upgrade at the role of each player more after resolution every year, as if the these facilities. Yet, no serious ac- closely. problems of the plantation work- tion has been taken against these ers is the sole purview of the In- plantation companies who neglect Plantation Labour dian community. In fact, the prob- their responsibility. lems concern workers of all eth- Plantation Capital The plantation work force in Ma- nic groups. However, due to iden- laysia has mostly been of south- tification of the problem as one The biggest plantation companies ern Indian origin while non-In- concerning only Indians, the plan- today include Guthrie, Golden dian Malaysian workers have at tation workers have been denied Hope Plantations, Highland and times accounted for as much as privileges otherwise offered to Lowlands , KL Kepong and Sime 40 percent of the total workforce. other rural communities such as Darby. Who are the major share- Recently, however, foreign labour paddy farmers, FELDA settlers’ holders of these companies and from Bangladesh and from Indo- etc. who controls these companies ? nesia have dominated the workforce. Consequently, it is not Almost all plantation schools are Ironically the major shareholder surprising that the Barisan still not fully government-aided of these companies is none other

Aliran Monthly 20(11/12) Page 9 the lowest wages is ultimately the most successful businessman. The Plantation Workers Support Com- mittee has repeated many times before that if the cost of success in this industry is a cheap labour policy, then, we don’t need this industry in the first place. Labour must be respected and appreci- ated. If the Malaysian Govern- ment concludes that the only way to save the plantation industry is by neglecting its workers, then than the Malaysian government ! well as in other countriesl. A ma- there is no reason to sustain the Control of these companies is ex- jor strike over the issue occurred industry. Why glorify an indus- erted through the government’s in Sri Lanka a few years ago. It is try which thrives on the people’s own Permodalan Nasional therefore an uphill task to bring misery? Berhad(PNB) and Amanah down this daily wage system and Saham Raya. Therefore the State replace it with a fairer system for The Government cannot justify its has a very visible hand in these the workers. For if the daily wage cheap labour policy anymore. It whole relationship. Datuk Samy system collapses in Malaysia, is inhumane and cruel. The reluc- Vellu was correct when he stated there will then develop pressures tance to implement the monthly that the government ought to in- in other parts of the global system wage scheme only proves that troduce monthly wages because to similarly get rid of the system there is no intention by the plan- the Government is the actual tation companies to do so. Simi- owner of these companies. Workers must be paid in accord- larly there is no political will on ance with the labour they pro- The State the part of the government to im- duce. However, in the plantation plement the scheme. q In fact, the State has no political sector today, wages are deter- will to implement monthly wages. mined by external factors such as And it is not earnest in lobbying weather, the price of the commod- or persuading the plantation ity in the world market, and even owners to introduce monthly bark quality and the use of stimu- wage system. It is pertinent to re- lants, all, over which the workers call that the daily wage system is have no control whatsoever. It is a system used by almost all agri- totally disgusting that such an cultural companies in the world. unjust and archaic wage system This wage system is feudal in is still practiced in our country in every aspect and is just a few steps 2001. ahead of the slave reward system. Same Old Excuse Yet this colonial wage system is Plantation capital’s argument still practised in Malaysia and in over the years has been the same. other parts of the world. Not only It’s about losing profit and losing is the system unjust. The workers, competitive advantage with other rather than the plantation own- countries. In other words the ar- ers, are made to bear the risks gument only points in one direc- threatening the industry tion, that is, the need for a cheap S.Arutchelvan works on hu- labour policy in order to maintain man rights issues in KL and is The struggle to replace this unfair Malaysia’s comparative advan- a member of the Plantation system with a fairer one has been tage in the global system. In this Workers Support Committee. going on for ages in Malaysia, as manner, whosoever pays labour

Aliran Monthly 20(11/12) Page 10 COVER STORY Cause Of Violence: Marginalisation, Not Tamil Movies

Serious problems within the community stem from the state of socio-economic powerlessness it faces by Dr M Nadarajah

pparently, the Tamil cin- situations that have led them to sonality characteristics of the chil- AA ema from Madras, India resort to violence. CAP seems ei- dren, and depending on their eve- AAA is the cause of Tamil ther completely ignorant or eva- ryday-life experiences, media vio- Malaysians straying sive of complex Indian realities. lence satisfies different needs: It away from the path of positive compensates one’s own frustra- community development. Solu- CAP offers selective support stud- tions and deficits in problem tion: Get rid of Tamil films. ies as evidence of the connection areas. It offers `thrills’ for children between media and violence. For in a less problematic environ- The Consumers' Association of instance, it refers to the US Senate ment.” The study further sug- Penang (CAP) has without doubt Committee on the Judiciary’s gested: “Probably more important made major contributions to pro- study, entitled Children, Violence than the media are the social and tecting the interest of Malaysian and the Media and issued in Sep- economic conditions in which consumers. But certainly it has tember 1999. However, there ex- children grow up.” Television is done an unforgivable disservice ist many studies that question the an easy target for the concern to the Tamil/Indian community. simplistic connection made be- about violence in our society but a Possessing a huge cultural capi- tween violence and the media. In misleading one. We should no tal and capable of influencing any case, CAP does not have the longer waste time worrying about popular opinion, CAP has pro- last word on this matter. The re- this subject. Instead let us turn our moted an argument that many, in- lationship CAP is trying hard to attention to the obvious major cluding the Malaysian govern- establish is really a contested one. causes of violence, which include ment, like to parrot. There is simply no agreement on poverty, racial conflict, drug abuse, it. Instead CAP seems to make a and poor parenting. Are Tamil films the cause of Tamil moralistic analysis, a claim that anti-social behaviour? A New implies that all violence springs Jonathan Freedman, a media Straits Times editorial (12 Septem- from similar causes or that all vio- scholar observed in a 1996 article ber 2000) offers a view that is con- lence has the same characteris- that: “... children in Canada and trary to what CAP likes to believe. tics. That is a rather naive under- the United States watch virtually The NST correctly observed that standing about violence or ag- the same television. Yet, the mur- the characters in the films that gression in society. der rate in Canada, and the rate of CAP, and others like CAP, love to violence in general, is much lower attack - films like Thalapathi and Murder Rate Lower than in the United States. Chil- Nayagan by the sensitive and crea- dren in Japan watch probably the tive Tamil filmmaker Mani By contrast a 1998 UNESCO glo- most violent, the most lurid and Ratnam - are really about poor bal study on media violence sug- graphic television in the world, people who have been forced into gests that “depending on the per- and the rate of violent crime there

Aliran Monthly 20(11/12) Page 11 is miniscule compared to Canada From this perspective the Tamils Serious Implications and the United States.” are a working-class minority community, a community that has The argument that the malaise of Melanie Brown, an Australian been pushed from rural to urban the Tamil Malaysians is caused academic stated, in a 1996 article, poverty, from plantation worker to by Tamil cinema and Tamil “Numerous research studies factory hand, from living in an schools is shortsighted. identify an association between estate environment to living in a exposure to violence in entertain- squatter area. Serious problems First, Tamils/Indians who are ment and violent behaviour, but within the community stem from critics of the Tamil school system do not prove that exposure causes the state of socio-economic pow- or the Tamil cinema seem to sug- violent behaviour. Rather, there erlessness it faces. gest that there is something inher- is a risk that exposure to media ently wrong with Tamil culture. violence will increase the likeli- The Tamils/Indians are a poor Indirectly their criticisms suggest hood of subsequent aggressive be- minority community and poverty severe reform, if not the complete haviour. This risk can be in- has become an inter-generational removal, of certain popular Tamil creased or decreased by a large problem, with poverty reproduc- cultural forms and institutions. number of other factors.” Coun- ing poverty. Economic powerless- ter studies can be quoted at length. ness, the size of its population and Second, such a move, in the con- poor political foresight of the In- text of socio-economic and politi- The more serious problem with dian leadership have also led to cal powerlessness, directly con- CAP’s attack on Tamil cinema in- political powerlessness. tributes to a subtle assimilation volves the logic of their mode of agenda. Thus, for instance, with- argument: it starts from the media, Consequently, within the national out the proper institutionalisation not the individual or group s/he community, the Tamils do not have of Tamil education or the promo- belongs to. This reversal is really much bargaining power. The tion of an active educational sys- the problem with the “media ef- Tamil community and its prob- tem promoting multiculturalism fects” model of explanation. lems are hardly addressed seri- and multicultural competence or ously and systematically in the the production of popular Tamil Essentially, the tendency is to start national context. Perhaps the only entertainment forms, including with an explanation from the me- problem that constantly gets na- Tamil cinema, the unfortunate di- dia and make a flat and unsus- tional attention at present is the rection of change would be the tainable connection to the indi- problem of gangsterism. Even this progressive loss of Tamil identity. vidual. This kind of explanation is addressed as a punitive strat- In this context, we might see for is also highly psychological in egy rather than a preventive one. instance a new phenomenon in nature, ignoring consideration of As part of the preventive strategy, Malaysia - dark brown-skinned the social environment. If an ex- if there was one, one cannot over- Tamils taking on the behaviour of planation starts from the indi- look the importance of upgrading or, portrayed as, “blacks”! vidual-in-community perspective, the Tamil school system. then the tendency will be to look Third, we need to re-think our strat- at the social background, identity Powerlessness in the community egy of building a national issues, race/ethnicity issues, gen- has led to many difficulties. For Malaysian community. Is it by an der issues, etc. In this cluster of instance, the Tamil Malaysian assimilation agenda or by actively effects, media would just be one youths’ educational and career promoting mother tongue educa- contributory factor. options are severely limited in tion and/or multi-culturalism? The comparison to the other commu- global society, for instance, is con- Minority Community nities’. Tamil schools are faced cerned that many languages and with serious problems affecting many linguistic communities are A third group of people argue that education of a poor minority com- on the brink of extinction. Accord- problems of the Tamil/Indian munity. The presence or use of ing to a recent study, the National people are really a result of their Tamil in the marketplace or pub- Geographic Magazine observes, socio-economic and political lic places is confined or limited to “half of the world’s 6,000 lan- marginalisatiion. Tamil/Indian areas. guages will become extinct in the

Aliran Monthly 20(11/12) Page 12 next century [and] 2,000 of the re- maining languages will be threat- Hindu Crematorium ened during the century after that.” The Hindu community in ment Board is believed to have In this context, we should try to Penang would like to know inherited land, property, preserve and to actively promote from the State Government and buildings and funds since pre- cultural diversity, not in terms of the Penang State Hindu En- independence days. What has “museumising” it for the purpose dowment Board the status of happened to all these endow- of selling it to tourists but in liv- the construction of the Hindu ments? It is a disgrace that crematorium on Penang Is- many Indians, who reside in ing the diversity actively. Mother land. high-rise flats and apartments tongue education is not really have to conduct Hindu funeral anti-national if we can work out The Hindus living on Penang rites at the road side, car parks practically how our children, in Island are fed up with these and under tents and sheds for their respective cultural streams, two bodies, for causing so their deceased loved ones be- also go through national school much stress during the time of cause they don’t have any fu- and cultural socialisation. family bereavement when they neral parlours to call their are always worried whether own. Four, there seems to be a careful their loved ones will get a avoidance of the issues of govern- proper cremation. This type of We, the Indians from the ance in a multi-ethnic and multi- situation is quite common here Barisan Alternatif and the gen- cultural society. Critics instead turn because it is well known that eral public, would also like to their attention on the consequences the two existing crematoriums know what has happened to of bad and unsustainable govern- on the island belong to the Chi- the buildings and sites for per- ance instead of addressing the is- nese community and thus pri- forming Hindu funeral rites, sues of bad or ineffective govern- ority in this matter is given to which were at one time located ance. Thus, the suggestion is “get them. Sometimes the Hindus on the banks of the Dhoby rid of Tamil schools” instead of have to turn to the crematori- Ghaut river at Jalan Air Itam. asking “Why has it failed or why ums in the mainland such as isn't it doing well enough?” This in Berapit, or worse, keep the Lastly, we would like to call is really punishing the victim. deceased an extra day. upon the Penang Indian community, Indian-based NGOs, The debate over the problem of the The answer to all this is in the social bodies and clubs not to hands of the State Government fall prey to small donations Tamil/Indian Malaysian commu- and the State Hindu Endow- made by politicians towards nity will go on. I only hope that ment Board. On behalf of the temples and musical shows those in power, are able to influ- Penang Barisan Alternatif and and to stop contributing for ence public opinion and to initi- the Hindus in Penang, I would garlands and dinners. We urge ate popular action, evaluate the like to know what has hap- that you focus on the funda- situation carefully, and propose pened to the second-hand in- mental needs and wants of the a line of thinking and action that cinerator which the Endow- community at large. We would will help to deal with the causes ment Board purchased some say to the State Government: not the symptoms of the problems years back for more than stop appointing dead wood faced by the community. q RM90,000). It is believed that and unprincipled politicians the equipment which was pur- to head the sub-committees in chased using public money is the Board, particularly the Dr M Nadarajah teaches being left to rot at the Batu Cemetery Committee. sociology and organisa- Lancang cemetery. Its only pur- tion theory at Stamford pose at the moment is to pro- Gary G.V. Nair College and is involved in vide a shed for hens and chicks. Chairman, activities related to sus- Parti Rakyat Malaysia tainable development and The Penang Hindu Endow- Penang urbanisation.

Aliran Monthly 20(11/12) Page 13 COVER STORY Pioneers, Squatters And Flat Dwellers It was a daily challenge to maintaining one’s health and avoiding disease. by Dr Yeoh Seng Guan

n the Malaysian pub- colony – Kampung X - situated This manner of land acquisition II lic imagination, urban on the outskirts of Kuala was termed meneroka or III ‘squatter colonies’ Lumpur city. Then I had vague, membuka tanah (‘to open up generally conjure up unfounded notions of how my land’). When it was carried out strong negative imageries. In- ‘subjects of study’ made sense on a larger scale, the terms deed, the mass media routinely of their seemingly abject ma- membuat negeri (‘to open up a describe them as ‘eye-sores’, terial conditions. Nor was I fa- state’) or berbuat negeri (‘to cre- ‘places of squalor’, ‘nests for miliar with the wider histori- ate a state’) were used. criminals’, ‘fire-hazards’, cal legacies that had given ‘death-traps’ and so forth. Usu- birth to and shaped the legal Origins Of ally in the same breath, they category of ‘squatting’. Subse- The Squatters are portrayed as hindrances to quently, writing up my re- ‘development’ and ‘progress’, search after a year’s fieldwork Most of the older generation particularly so when they oc- was an agonising and convo- residents of Kampung X origi- cupy commercially lucrative luted experience. nated from rubber plantations space in a rapidly shrinking around the country. They were urban land bank. Origins Of Squatting the direct descendents of Tamils shipped over from Brit- Wooden Shacks And The illegality of ‘squatting’, ish India to work as coolies in Modern Housing as we understand it today, is British Malaya. Many had de- Housing developers and pub- a comparatively recent his- cided to escape the bleakness lic authorities typically labour torical invention. In the pre- of plantation life and migrate to transform a haphazard con- colonial period, ‘proprietary to Kuala Lumpur in search of gregation of wooden shacks rights’ over land took the the proverbial better life in the into a panorama of symmetri- form of human labour and capital city. cal modern housing structures. were not vested in abstract To achieve this end, as numer- title deeds. When the earliest pioneers ar- ous well-documented cases rived at the locality some 30-40 throughout Kuala Lumpur city As long as one was able to years ago, the terrain was in- have shown, developers and show evidence of continuous hospitable. Decades of tin-min- authorities have characteristi- appropriation and occupation, ing activities had transformed cally resorted to forced evic- the land was said to be ‘alive’ the locality into a vast tract of tion and the destruction of (tanah hidup). Where occupa- barren, nutrient-depleted and these squatter colonies. tion and cultivation had sandy wasteland. Some resi- ceased, the proprietary right of dents even remember nicknam- About 6 years ago, I com- the occupant was understood ing the place, ‘The High menced fieldwork research on to have lapsed, and the land Chapparal’ after a contempo- a Tamil-dominated squatter became ‘dead’ (tanah mati). rary popular cowboy TV series.

Aliran Monthly 20(11/12) Page 14 It was a daily challenge to tle. Factional leadership dis- mixed experience for Kampung maintaining one’s health and putes and inter-household ten- X’s residents. They had joined avoiding disease. Nearby dis- sions occasionally flared up, the ranks of the recipients of used stagnant pools provided fuelled in part by the compet- modern housing, and now en- breeding grounds for hordes ing patronage of aspiring main- joyed a status that the younger of mosquitoes while drinking stream politicians building on generation tended to be more water had to be obtained from their vote bank. Moreover, the concerned about. The stigma deep wells. In the absence of kampung acquired a notorious of illegality lodged in ‘squat- mains electricity supply, resi- reputation as groups of disen- ter houses’ was now a thing of dents relied on kerosene lamps franchised and disenchanted the past. and car batteries for night local youths became involved lighting. Only years later were in petty crime, drugs, and in- Yet the spatial design of the basic amenities secured for the ter-gang clashes. flats made for less than ideal kampung. dwelling places. The compact Then Comes and inflexible spaces of 550-600 Housing And Development square feet did not allow for Community For years, the residents of any extensions and even mod- Kampung X had watched ap- est-sized families had to live in Dwellings were erected with prehensively as ‘development’ very cramped conditions. an assortment of scavenged in the form of the modern Growing a range of medicinal and purchased building mate- housing estate (the taman) and aromatic plants was now rials. These houses were or- crept closer to their doorstep. impossible. Elderly residents ganic in character, and had a They had heard about the fate seldom ventured out of their variety of construction styles. of other kampungs throughout flats as they found climbing the As households grew in size Kuala Lumpur which had to many flights of steps a strenu- through births and marriages, make way for commercial and ous experience. In the common and when financial circum- residential development. The areas, reverberating noises stances permitted, the houses local authorities wanted to that emanated from individual underwent incremental exten- make the city ‘squatter free’ flats constantly jarred one’s sions and renovations. By the before the turn of the new mil- senses. Substandard building time of my fieldwork, quite a lennium. materials saw the building ag- number of houses in Kampung ing faster than normal. X had become modestly com- Before I completed my field- fortable dwelling abodes al- work, Kampung X was demol- The frustrations and alienation though they appeared to be ished to make way for a mini- of living in these dwellings – ramshackled to outsiders. township that had a mix of up- popularly nicknamed ‘pigeon- market commercial, residential holes’ or ‘chicken-coops’ – With the increase of Tamil and recreational facilities. were seen in various acts of households in the locality, vari- Many of the residents affected vandalism. Graffiti, uncommon ous kinds of efforts were made were relocated to two-room, in Kampung X before, began to create and foster a sem- walk-up, low-cost flats which appearing on staircase walls blance of a cohesive and har- were purchased at a dis- and other public areas. Soon the monious traditional Indian vil- counted price from the devel- combination of apathy and ne- lage community. The festivities oper. Others were moved to glect by flat residents and lo- of the local Hindu temple compact interim housing called cal authorities alike took a vis- throughout the year became an rumah panjang (longhouses) ible toll on the building. important part of this commu- situated elsewhere in the city. nity-building activity. All in all, these scars bore mute Living In Flats testimony to the ambiguities of But sustaining the community modern urban living for the have- was also a constant uphill bat- Moving into these flats was a nots in Malaysian society. q

Aliran Monthly 20(11/12) Page 15 COVER STORY Breakthrough In Klebang Residents’ unity and perseverance wins the day in battle of endurance with developer by Veerasenan

n November 2000, the II AMZ Company finally III acquiesced to the Klebang residents’ demands and agreed in writing to:

• Provide housing lots measur- ing 50 by 90 feet to each of the 17 families still staying on the estate; • Level the land and provide roads, drains, electricity and water supply to all these housing lots free of charge; • Provide one acre of land for re- location of the two temples on the estate, as well as RM50,000 for the reconstruction of the temples; • Give monetary compensation equivalent to thrice the amount that was first offered to the workers when they were retrenched in 1989.

This is certainly a sweet victory for the residents of Klebang Estate who have been fighting for better terms of compensation for the past 11 years. It is also very welcome news for the plantation community as a whole which, throughout the country, is facing retrenchment and eviction because of crop conversion and development schemes. This is the first time in Malaysia that an estate community has been granted housing lots as compensation for loss of hous- Aliran Monthly 1994 : 14(8) page 30

Aliran Monthly 20(11/12) Page 16 ing caused by the retrenchment Klebang Estate residents decided ing project at the end of 1999 they exercise. to hold a picket in front of their found that the residents of estate to draw the attention of the Klebang estate refused to allow However success did not come press to their plight. This peace- them to start any work as AMZ easily! The Klebang estate peo- ful picket resulted in the arrest of had not yet settled the workers’ ple’s problem began in 1989 when 21 people including several mem- problems. After failing in several the AMZ company retrenched bers of Alaigal. [See Aliran attempts to force their way into the them and offered to pay them only Monthly 14(8) and 14(10) for more land, and after wasting several between RM1,000 and RM5,000 details] months, the AMZ decided to ac- per worker. Many workers accept the offer of Sivalingam, a sen- cepted this offer and moved out The arrests, however, only served ior lawyer from KL to attempt a especially after AMZ stopped to unite the community and give negotiated settlement. The terms water and electricity supply to the them self-confidence. They man- mentioned above are the result of workers’ quarters. Also, the State aged to get Lembaga Air Perak these negotiations brokered by NUPW had told them that this water supply, bought and oper- Sivalingam, who was quite sym- was all they could expect under ated a second-hand generator, en- pathetic to the plight of the resi- the law. However, 21 families had gaged a lawyer to stave off an dents. nowhere else to go to and, there- AMZ attempt to obtain an eviction Bullied Out Of fore, they had to stay on despite order for the temples, started tui- Their Homes the withdrawal of basic amenities. tion classes for school-going chil- Silence Was Deafening dren and organised monthly Sadly, in Malaysia today, there are gotong-royongs to keep the estate many, many communities like They endured for five years and, clean. They also tried to engage Klebang estate, and other estates, in 1994, linked up with Alaigal the AMZ in a discussion to re- urban pioneer settlements, Orang (an NGO working with estate and solve their claims for proper com- Asli communities and Kayan and urban pioneer communities). Let- pensation. Kenyah communities who are be- ters were then sent to AMZ, the ing evicted to make way for de- elected representatives as well as The AMZ refused to negotiate. But velopment projects, dams and the to relevant government officials. when the AMZ finally decided to like. The vast majority of them are The silence was deafening. Fi- proceed with their plans to de- bullied out of their homes with- nally on 11 September 1994, the velop the land as a mixed hous- out fair compensation.

If it was possible to share with them the news of the peoples’ victory at Klebang, we would high- light three points:

• There is tremendous strength in unity. • The struggle for justice is a serious matter - for the past six years, the Klebang residents have been meeting every week to discuss their problems and to plan their follow-up actions. • The Klebang residents were tenacious. They persevered although at times it seemed that their struggle was getting nowhere.q

Aliran Monthly 1994 : 14(10) page 16 Veerasenan belongs to Alaigal.

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Aliran Monthly 20(11/12) Page 18 instance, students have scrawled bitingly sharp, illuminating ex- changes on the reformasi movement on toilet doors and walls. Mahathir, Anwar, UMNO and PAS are popular subjects (use your imagination, please). No li- bel laws to worry about here!

Students (I wonder if lecturers join in as well) accuse each other of being “prostitute” writers (penulis pelacur) for their political masters, of wasting their time on politics instead of studying, of being ignorant to the outside world.

This has really helped to create political awareness in everyday Reformasi Flourishes stand. language in the least likely of In Public Toilets places - the tandas awam (public How could any public toilet artist toilets). And best of all no publish- Haven’t you noticed? It’s true: top that? Perhaps this is why ing permit is required for the graf- Malaysian toilets have never been many modern day graffiti artists fiti (maybe one day we might need quite the same since the Reformasi have graduated to reflect on the a permit to produce toilet paper?). movement was unleashed. In pre- more serious political issues of the reformasi days, the graffiti in our day, while doing their daily `busi- So, do you want to know how the stinking public toilets tended to ness' - no doubt inspired by the ordinary Malaysian thinks on showcase the predictable if un- stink around them, near and far. weighty political issues? Just head mentionable “creativity” of for your local public toilet, pinch Malaysian “artists”. Replete with In a prominent local university, for your nose and open your eyes… colourful, vulgar language, these “works of art” invariably focused on various romantic interests ac- companied by graphic illustra- tions, dengan unsur-unsur seks, tidak sesuai untuk tontonan orang ramai.

But since reformasi was unleashed, we have been subjected to an overdose of unsur-unsur (elements, most of them unsavoury) of all kinds in the mainstream media and in sodomy court trials; indeed, the public toilet graffiti of old seems almost boring and Vic- torian by comparison. We have also had the unique if somewhat stomach-churning experience of digesting the novel “Sh**” and expelling what we didn’t under- wasilahDIS1999

Aliran Monthly 20(11/12) Page 19 When Papa Votes are opening their eyes to what is No doubt, entire families have UMNO, And Children happening around them as life been split across the nation. Per- Shout “Reformasi”… becomes more difficult for the haps it is time for UMNO to or- lower income group. ganise “Family Unity Talks” for Another noticeable phenomenon families broken along political is that some Malaysian families The more orthodox UMNO loyal- lines so that everybody can return have been torn along political ists must be tearing their hair out to UMNO and live happily ever lines ever since reformasi broke wondering what has happened to after. out. It was probably the younger the Malaysia of old, where every- Q Q Q Q Q generation who were most thing was staid and predict- strongly pulled into the reformasi able…. and utterly boring. They Unity In Jeopardy? movement on the streets. In the see their children supporting process, many have exposed their their opposition and shake their Recently, members of the Malay parents to the changes that are heads. What happens if their community in Malaysia were cau- taking place in Malaysian society. spouses desert them for an oppos- tioned by UMNO leaders and oth- ing political camp? ers that their unity is in jeopardy. The youth with their idealistic vi- And this, so goes the argument, sion of a more just, united society Sometimes, this can lead to politi- could eventually pose a danger to seem more naturally drawn to the cal tension within a family but if the survival of the Malays. reformasi movement while their there is acceptance of each other’s parents have difficulty overcom- beliefs then family harmony can In a move that was portrayed by ing years of allegiance to UMNO still prevail. Otherwise, this is the mainstream media as mag- – though more and more of them what we will get: nanimous, Mahathir reached out to the Malay-based opposition parties, namely PAS and keADILan, and proposed that they set aside their differences and talk to one another. Unity talks, they called it.

Critics and cynics alike wondered: was this a way for UMNO to im- press upon the Malay public that it always has the interests of the Malay community at heart? Was UMNO trying to give the impression that it still has political clout among Malays and could still call the shots? Or was UMNO simply trying to emphasise its relevance in these changing times when everybody else is resorting to multiethnic approaches to almost every aspect of Malaysian life?

But really, is there “disunity” among Malays? Many observers believe that if there is really such “disunity”, it is because many UMNO members have left the wasilahDIS1999 party for the opposition PAS or

Aliran Monthly 20(11/12) Page 20 parties organ- That was all that was required and ised by the op- almost overnight, “champions” of position the cor- Malaysia’s Malays launched a rect way to win salvo of verbal attacks on Goh, friends and in- with a little bit of help from the fluence people, mainstream media. For example, let alone pro- photographs of successful Malays mote unity. were front-paged in the Utusan Equally revolt- Malaysia to remind all and sun- ing is the way dry that Melayu Boleh! this call for “Malay unity” And for the race heroes, it was is being orches- not only Suqiu which now keADILan. Surely, this is political trated particularly by the main- posed a threat. There loomed an realignment, not a problem of stream media. Many a time they even larger “external threat”. “disunity”. Unless, of course, gave you the feeling that the And guess who would be in a one’s premise is that Malays must “Malay unity” was urgent and position to provide this much always side with UMNO, come necessary because of the “Chinese needed protection for the what may. What then actually threat”, viz Suqiu’s so-called ex- Malays? Tak kan UMNO hilang happened in the recent past? Well, tremist demands. To create this di dunia. it is understood that the shocking climate of fear, you have a bunch Q Q Q Q Q manner in which Anwar Ibrahim of political have-beens and was sacked by Mahathir left wannabes fanning ethnic senti- I Will Follow You many Malays - indeed many ments and bigotry. So at the end Malaysians - agape and aghast. of the day, what is aimed at is re- Predictably, the MIC has taken the Equally revolting was the way in ally an ethnic unity targeted cue from UMNO and is now which Anwar was tried in our lo- against an imagined, external eth- reaching out to the fledgling IPF, cal courts. Indeed, that episode nic threat. in particular its leader Pandithan. reminded us of the expression, Come join us, and unite the Indian trial and error. Sounds heroic? In fact, it’s dema- community so that its political, goguery. The danger with such economic and cultural future will Malays are also “disunited” be- unity claptrap is that the top be protected. cause of the way the BN Federal leaders are the ones who would government has been mistreat- gain most, all in the name of “the But Pandithan is no fool. Re- ing the states of Kelantan and community”. The rest will still member, he now rides in a Terengganu. Development lead their ordinary and often Mercedes donated to him by the funds for these two PAS-led dreadful lives. And of course, IPF members. He also reads the states have been channelled politics becomes even more po- mind of Samy very well. “We away from the state government larised, and the nation endan- used to be like brothers,” both to the Pejabat Pembangunan gered. have said of the other. Hence Persekutuan, the Federal Devel- Pandithan has asked to see the opment Office. And in the case Q Q Q Q Q new MIC constitution first be- of Terengganu, oil royalty, Home-grown Malays fore committing himself and his which had been enjoyed by the Are Better IPF members to rejoining MIC. previous BN state government Apparently he wants to be as- was abolished by the Federal As though things were not sick- sured that IPF leaders and mem- government. Now, that’s not a ening enough, Singapore’s Prime bers who had been expelled from good basis to promote unity. Minister had to open his big MIC are still eligible to run for mouth and claim that Singapore office and to hold positions in Neither is hindering political gath- Malays were better than those in MIC upon rejoining it. Is this erings or disallowing goodwill Malaysia. any way to treat one’s brother?

Aliran Monthly 20(11/12) Page 21 POLITICS

Malay Unity: A Shift - Not A Split The Malays are shifting their political allegiance to PAS and KeADILan

What is the unity that by Dr Chandra Muzaffar Mahathir wants?

he President of UMNO there is always a certain sense of been a problem within the Malay TT Dr. Mahathir Mohamad latent unity, rooted in a common community. Though Mahathir TTT has invited the Presi- language, a common culture, and and other UMNO leaders have dent of Parti Keadilan sometimes even a common reli- sometimes complained about Nasional (keADILan) and the gion. Most of the factors that are some Muslims being branded as President of Parti Islam responsible for the emotional kafir by other Muslims, there is no SeMalaysia (PAS) to evidence to suggest talks aimed at uniting that this is a wide- the Malays. The pro- spread phenomenon. government main- By and large the stream media —espe- Malays have re- cially Malay newspa- mained faithful to pers such as Utusan Ma- their identity and are laysia — have got into a conscious of their frenzy about Malay religio-cultural unity unity. The impression as a people. given is that there is so much excitement and If this is the case, we enthusiasm in the land ask again what is the about promoting the unity that Mahathir unity of the community. wants? It is political unity of the Malays Why is Mahathir pur- that he seeks. He suing his agenda of wants the Malays to Malay unity with such be united in their sup- unrelenting vigour? port of a particular po- Mahathir and some of litical party and, pre- his ministers and other Anwar: The catalyst that caused the dramatic erosion of Malay support. sumably, a particular advocates of Malay leader. We know what unity have, at various times, bonding of a community are party and which leader he has in sought to explain why Malay present among the Malays. The mind. This, in a nutshell, is what unity talks are being proposed. strongest bond, of course, comes Mahathir means by Malay unity. Before we deal with these reasons, from the fact that all Malays are let’s try to understand what ex- Muslims. Taking Advantage actly they mean by Malay unity. Unity derived from these religio- He has argued that if the Malays Within most ethnic communities, cultural factors has never really are not united politically, the oth-

Aliran Monthly 20(11/12) Page 22 ers, specifically the Chinese, will Malaysia’ cam- take advantage of their alleged paign with more disunity and start applying pres- or less the same sure upon the Malay-led govern- objectives for a ment. He has in recent months couple of decades given the example of the Suqiu after that, though Appeal. UMNO for most of the time was Some of the issues that the Suqiu the overwhelm- raised in its Appeal about the ingly dominant Bumiputra-non-Bumiputra dis- Malay party. tinction and about ethnic quotas Even in recent are issues which sections of the years, between UMNO retained only about 40 per cent of the Malay vote in Chinese community have argued 1990 and 1999, the Peninsula in the 1999 General Election. against for the last 40 years, re- when UMNO gardless of whether UMNO is was still a potent force, leaders other words, can revoke Article electorally strong or not. from the MCA and the Gerakan 153 and other Articles in the Rakyat Malaysia (Gerakan) had Malaysian Constitution pertain- Indeed, even before Merdeka, dur- at their conventions and seminars ing to the position of the Malays ing the British colonial period, expressed grave misgivings about and Bumiputras of Sabah and Tan Cheng Lock, once President ethnic quotas and Malay prefer- Sarawak. Since Article 153 and of the Malaysian Chinese Asso- ential policies. other such Articles also provide ciation (MCA) had berated against for the legitimate interests of the what he regarded as ‘Malay privi- What all this means is that sec- other communities, their interests leges’. Between 1955 and 1957, tions of the Chinese community are also protected by the Rulers. when proposals for the Malayan will continue to raise questions (as Malaysia was then known as) about Bumiputraism and the Similarly, Article 152 on the sta- constitution were being discussed Malay special position. It has very tus of Malay as the sole official and debated, sections of the Chi- little to do with whether UMNO and national language and the nese and Indian communities ex- is politically strong or weak. For right to use and study other lan- pressed strong opposition to any many Chinese, it is part of their guages, and those clauses in the ‘special position’ for the Malays. perennial quest for equality and Constitution on citizenship and justice. on the position of the Rulers them- At that time, UMNO was selves are also under the custody electorally powerful, having The Protector? of the Conference of Rulers. It scored a huge victory in the 1955 should be clear from this that it is Federal Election. In 1964, after the Some of the champions of Malay the Conference of Rulers as the UMNO-led Alliance secured an- unity will be prepared to concede guardian of the entrenched other massive triumph in the Gen- that an overt or covert challenge clauses in the Constitution—and eral Election—it won 89 out of 104 to the Malay special position will not UMNO—which protects parliamentary seats—the Peo- always be there but it is only a Malay interests and the interests ple’s Action Party (PAP) began its strong UMNO that will be able to of the other communities. ‘Malaysian Malaysia’ campaign thwart such a challenge. Is this which, in effect, questioned the true? The argument that a strong Bumiputra-non Bumiputra dis- UMNO with total support from tinction in public policy making Since the 1971 Constitutional the Malay community is impor- and demanded complete cultural amendments, no one, not even the tant for safeguarding special po- and political equality among the Malaysian parliament, can abol- sition and the Malay language is communities. ish the special position of the flawed for yet another reason. Malays. It is a position that is pro- Other political parties are also The Democratic Action Party tected by the Conference of Rul- committed to the entrenched (DAP) continued the ‘Malaysian ers. Only the Malay Rulers, in clauses in the Constitution. Both

Aliran Monthly 20(11/12) Page 23 PAS and the Gerakan Rakyat Ma- particular community. There is much less poverty within laysia (Gerakan) which was then the community today; it has wit- part of the Opposition voted for The BA holds fast to this princi- nessed unparalleled social mobil- the Constitutional amendments ple of justice which is why it is ity; the Malays are well repre- of 1971. opposed to any attempt to use spe- sented in the middle class; the cial position to enrich a small Malay presence in the upper ech- BA's Position coterie of special Malays and elons of commerce, industry and Bumiputras with special ties to the professions is much greater Today all four BA parties support the ruling clique. For the vast ma- than it ever was before; as a whole, wholeheartedly the basic provi- jority of Malays and Bumiputras, the Malays are economically and sions of the Constitution, includ- it is obvious that it is the BA ap- socially much stronger than they ing special position and the proach to special position, rather were 3 decades ago. This trans- Malay language. This is spelt out than the UMNO-BN abuse of it, formation has been brought about in lucid terms in the BA Common which will serve their real inter- mainly through mass education. Manifesto which lists out 11 fun- ests. Special position, and the New damental principles of the Con- Economic Policy (NEP) which stitution that have received the UMNO leaders sometimes resort grew out of it, are also responsi- endorsement of the Coalition. It to yet another spurious argument ble for the upliftment of the com- is wrong therefore of UMNO to to justify their thesis about Malay munity. Of course, there is still a claim that it is the only party ca- unity. They say that only if there great deal to be done. pable of protecting the Malay po- is a strong UMNO will there be a sition. Malay core in the national leader- Nonetheless, the fact of the matter ship. is that the Malays are much more Indeed, the BA’s view of special secure today than they were in the position is a much more accurate That there should be a Malay core late sixties. The community is con- reflection of what it was meant to within a multi-ethnic leadership, scious of its own internal strength. be when it was incorporated into partly because of history and It is aware of its achievements, the Constitution in 1957. It is, in partly because of demography, is and of the ability of its daughters essence, an affirmative action a point which most Malaysians and sons. Because a certain psy- policy whose main purpose is to readily accept today. But that core chological confidence permeates assist the deprived and disadvan- need not come from UMNO. the community, not many Malays taged segment of the Malay com- today see UMNO as their saviour munity. The motivating force be- Transformation or protector. They no longer buy hind special position is social jus- that well-worn slogan Melayu itu tice. It was never designed to be- Apart from the three factors men- UMNO; UMNO itu Melayu. stow special privileges upon any tioned, there is a fourth reason why the attempt UMNO, to put it differently, has by Mahathir and become much less relevant to the others to project lives of the Malays. The Mahathir UMNO as the leadership cannot accept this new saviour of the reality. Malays has very little validity to- The Motives day. In the course of the last 30 This explains his clarion call to years, a tremen- the Malays to unite—unite behind dous transforma- him and UMNO, of course. It is a tion has taken desperate attempt to ensure that place within the he and UMNO remain relevant. Malay commu- It is an attempt to shore up his Lunas state by-election exposed Mahathir as a political liability nity. position and the position of the

Aliran Monthly 20(11/12) Page 24 party after its dismal showing in harassed, dismissed from their money is becoming a national the 1999 General Election. jobs—are in no mood to dialogue habit. UMNO, there is no need to repeat, with Dr. Mahathir and his hench- retained only about 40 per cent of men. KeADILan also sees These are the nation’s ills which the Malay vote in the Peninsula. UMNO’s Malay unity venture as demand urgent remedies. Dr. The three by-elections held after a cunning manoeuvre to sow Mahathir is not capable of ad- the General Election in 2000 have doubt and suspicion among its dressing them. He does not even proven beyond doubt that UMNO non-Malay members at a time acknowledge that these are the has failed to regain lost ground. when more and more Chinese are root causes of his and UMNO’s In a situation where Mahathir’s joining the party. declining strength. Instead, he credibility among the Malays is in continues to resort to yesterday’s tatters, ‘Malay unity’ has become Erosion Of Support communal rhetoric in order to sur- a convenient tool to refurbish his vive. image. It is because of some of the Machi- avellian motives behind the A Shift, Not A Split It is also an attempt to divert grow- Malay unity proposal that ing criticism of the man within keADILan, PAS and other BA par- It is because Mahathir and UMNO and the Barisan Nasional. ties have decided to send a sim- UMNO-BN have failed to offer Since the ignominious BN defeat ple message to Mahathir. Instead solutions to the nation’s ills, that in the Lunas state by-election, of polarizing society further along the people are turning to PAS, more and more individuals within ethnic lines, Mahathir should keADILan and the other BA par- UMNO and the other BN coalition concentrate on finding out why he ties. This is why we maintain - partners are beginning to see and UMNO have lost so much contrary to what Mahathir alleges Mahathir as a political liability. Malay support in the last two - that what is occurring now is They want him to leave. But years. not a split within the Malay com- Mahathir thinks that in an ethni- munity. The Malays are shifting cally conscious environment like One does not have to be a politi- their political allegiance to PAS ours, he can play the communal cal pundit to realise that and keADILan. In other words, it card—Malay unity would have Mahathir’s harsh, cruel and in- is a shift, not a split. been a useful card to shuffle in the human treatment of Anwar past to preserve and even perpetu- Ibrahim—humiliated in the me- What is significant about this shift ate his political power. dia; persecuted through the court is that the Malays and a segment system; assaulted in prison—is of the non-Malays are seeking suc- The Malay unity gambit may even the catalyst that caused the dra- cour in another less communal, be aimed at creating dissension matic erosion of Malay support. more multi-ethnic political ar- and disaffection within the oppo- Because Mahathir has misused rangement. For that is what the sition ranks. Among PAS mem- and abused the courts, the police, BA is. PAS is a Malay based Is- bers and even leaders, any talk of the media and UMNO, in order to lamic party, transcending ethnic- Malay unity via UMNO brings destroy and demolish Anwar, all ity. KeADILan and Parti Rakyat back unpleasant memories of the these institutions and organisa- Malaysia (PRM) are multi-ethnic time PAS was UMNO’s junior tions have also mortgaged their parties, with a Malay base. The partner in the BN coalition be- integrity and credibility. DAP is also a multi-ethnic party tween 1973 and 1978. This is why with a non-Malay base. Collec- the vast majority of PAS members And, as the Anwar episode un- tively, the four parties represent a are averse to any talks with folds, people are beginning to departure from the ethnic parties UMNO. fathom the depth of the nation’s that dominate the BN. malaise. Elite corruption has be- Likewise, keADILan leaders and come a cancer. The gap between Who knows, by a strange twist of members who have suffered a the have-a-lot and the have-a-lit- irony, the outmoded Malay unity great deal at the hands of the tle is widening at an alarming issue may well be the beginning present UMNO leadership—they rate. Bailing out ailing crony cor- of a momentous change in have been imprisoned, tortured, porations with the people’s Malaysian politics. q

Aliran Monthly 20(11/12) Page 25 DEMOCRACY Exorcising Phantom Voters Defending democracy by exposing electoral irregularities by Dr Jeyakumar Devaraj

he Electoral Roll for the to which the objector as well as October 2000 and exposed several TT country is updated an- the person being objected to are important matters. For example, TTT nually by the Election invited. The objector can make out six individuals who had been Commission (SPR). Vot- a prima facie case for his objections, transferred from Ipoh to Sg Siput ers who have died are taken off, then the SPR will require the per- appeared before the SPR Board and new eligible voters who have son being objected to, to give proof and testified that they were never reached 21 are added to the list. of his residential status. residents in Sg Siput and that they The Election (Registration of Voters) could not understand how their Regulations 1971, which sets de- Only One Form names had been transferred to the tailed guidelines for this updat- Per Objector Sg Siput rolls. They categorically ing process, also sets out the pro- denied having signed the forms cedure for any voter who wishes The PSM filed objections to 382 required to transfer their votes to to object to the inclusion of any phantom voters through 20 sup- Sg Siput. We had earlier obtained other voters in the Electoral Roll porters and members of the BA in copies of the form used to transfer of his/her constituency. Sg Siput. However, we had to bat- several of these outside voters. tle with the Perak SPR all the way. The Parti Sosialis Malaysia (PSM) Initially the SPR did not want to Signature team in Sg Siput has been object- release the objection forms to us. On The Form ing to the presence of several thou- “Only one form per objector,” they Was A Forgery sands of phantom voters in the Sg said, “and you are not allowed to Siput (U) electoral roll ever since photostat more forms!” We had When we showed “her” form to a the 1999 election campaign. (See to complain to the SPR in KL just lady whose name had been trans- Table 1). Until now, however, we to be allowed to obtain sufficient ferred to Sg Siput without her have not succeeded in getting the forms to file the objections. Then knowledge, the SPR was shocked authorities to take any form of ac- SPR Perak attempted to dismiss and embarrassed when she said tion against these phantoms. all the objections filed by misrep- that the signature on the form was resenting the meaning of certain a forgery. The PSM team therefore decided provisions of the Registration of to test the avenue granted by the Voters Regulations. Again we had Several of the outside voters were Registration of Voters Regulations. to send several letters to the SPR, able to name the MIC official who According to this legislation, if and complain again to KL before they suspected had transferred any voter files an official objection the SPR Perak decided to hold a their names. against the inclusion of a particu- Public Inquiry. lar person, the Election Commis- A few Sg Siput house-owners sion has to hold a Public Inquiry The Public Inquiry started on 12 came and testified that the phan-

Several phantom voters were registered with addresses of houses that have not yet been built!

Aliran Monthly 20(11/12) Page 26 tom listed as “resident” in their The SPR proceeded with the Defend And Preserve houses were never ever there. Public Inquiry, and the final re- Democracy sults were as tabulated(See Ta- Several phantom voters were reg- ble 2) . We had filed objections The exposure of fraudulent prac- istered with addresses of houses against 382 voters. We with- tices such as the massive registra- that have not yet been built! drew our objections against 43 tion of phantom voters, is time of them because we realised that consuming. However we believe All in all it was a good expose, our evidence against them that it has to be done if we wish to and the SPR was forced to accept might not be good enough, and defend and preserve the meaning- that there has been a widespread we did not want to make any ful practice of democracy in Ma- transfer of outside voters into Sg mistakes. Of the 339 objections laysia. Siput electoral list. that went through the hearing, we were right in saying that the It would be good if others also The MIC bungled the handling of voters were not residing at the pitch in and combat other dirty this Inquiry. Initially they sent in addresses given in the SPR roll tricks and electoral irregularities their thugs to try and insult and for 330 of them – an accuracy that occur during the elections. harass us. When this did not de- rate of 98 per cent, which we are Intimidation of voters through the ter us, five lawyers headed by quite pleased with, given the mass media is one good example. Sothinathan, the newly elected conditions under which our in- The buying of votes by using pub- MP for Teluk Kemang, turned up vestigation into phantom voters lic funds is another. Only if these to represent the phantoms. was carried out immediately af- and other irregularities are ex- ter the elections. posed and challenged, can we These lawyers attempted to argue hope to stem this undemocratic that the evidence that we provided We are now waiting to see how tide and discourage these perpe- did not meet the necessary re- the SPR is going to proceed. The trators from carrying on with quirements and thus the voters Public Inquiry has provided them these irregularities. Only then we being objected to did not need to with very clear evidence of elec- can prevent further erosion of our reply; they tried to stretch the toral fraud and forgery of signa- democratic rights and make the meaning of “residence”; they tures that was coordinated by the electoral process a meaningful tried to persuade the SPR that we MIC in Perak. one. q had to prove that the phantom had no other residence in Sg As custodians of free and fair Siput; they ranted about how we elections, the SPR is dutybound PSM member Jeyakumar were depriving their clients of to pursue the leads that have Devaraj, standing under a their democratic right to vote, etc. emerged in the course of this DAP/BA ticket, challenged Public Inquiry and continue incumbent Samy Vellu for the with the clean-up of the Sg Siput We'll Take The Matter Sg Siput parliamentary seat list. 311 phantom voters have To The AG’s Chambers in the November 1999 gen- been transferred back to their ac- eral election. Despite losing, However, when this line of attack tual place of residence. That still Jeya-kumar and his team con- failed to stem the tide, and the SPR leaves some 5500 other phan- tinue to run a Service Centre kept on ruling in our favour, toms still on the rolls. However, in Sg Siput and to raise pub- Sothinathan lost his cool on 2 No- going by history, it is likely that lic awareness of electoral ir- vember 2000, and threatened to the SPR will slip back into its regularities. Jeya-kumar is “take the matter to the AG’s stupor; in which case we will also a member of Aliran. Chambers” and led a walk-out of have to think of ways to prod the MIC lawyers! them into action again.

The MIC bungled the handling of this Inquiry. Initially they sent in their thugs to try and insult and harass us.

Aliran Monthly 20(11/12) Page 27 Table 1 : Actions Taken By PSM And Results There Of

DateDateDate Action taken ResultResultResult

25/11/99 PSM team meets Perak SPR director SPR director says he does not and asks him to set up check-points have the power to do so. for the two major routes leading into Advises us to file official Sg Siput on election day. complaints on polling day.

29/11/99 PSM polling agents file 100 official No action is taken by SPR. Objections using “Borang (Form) 11”. Perak SPR office not able to locate these forms!

12/1/00 PSM together with BA Sg Siput The new SPR electoral roll submitted a Memorandum to the displayed in July 2000 still SPR regarding electoral irregularities had all these 1,000 voters. in Sg Siput. A list of 1,000 phantoms SPR hadn’t yet stirred from was also submitted. its stupor!

8/2/00 The PSM filed an Election Petition After three days of discus focusing mainly on the issue of -sion, the petition is phantom voters. dismissed on a triviality.

Table 2: Results Of The SPR Inquiry On Phantom Voters

Area (No. of Voters Withdrawn* Transferred out of Retained in SS Retained in SS objected to) Sg Siput but at a different at the same address address

Plang Estate (99) 1 96 1 1

Tmn Tun 1 8 1 5 9 1 4 3 Sambanthan (194)

Other Estates #(36) 5 29 2 0

Other Tamans @ (53) 1 9 2 7 2 5

Total (382) 4 3 3 1 1 1 9 9

Notes: # Kamiri (7), Wan Lim (4), Krudda (6), Dovenby (9), Sg Siput (10). @ Muhibbah (3), Tmn Heawood (18), Kg Kamuning (1), Lintang Rd (17), Kg Veerasamy (1), Tmn Okid (5). * Cases withdrawn before hearing started.

311 phantom voters have been transferred back to their actual place of residence

Aliran Monthly 20(11/12) Page 28 WOMEN Rape: Inadequate Sentencing And Legal Procedures There is a serious need to remove the arbitrariness and discrepancies in rape laws by Dr Prema Devaraj

ape is highly under-re- Last year, a RR ported in the country. It 46-year-old RRR is estimated that only man was one in every ten rape charged under the Women and Code. And, to further complicate cases is reported. Of these re- Girls Protection Act 1973, and matters, there is a charge of ‘car- ported cases not all end up with jailed for four years and fined nal knowledge’ under the Women convictions in a court of law. The RM2,000 in default of six months’ and Girls Protection Act 1973. success rate of prosecuting for jail for the rape of an underaged Here the rapist would get a much rape is apparently only 30% com- mentally disadvantaged girl (The reduced sentence: section 16 (1)(1) pared to 70% for the lesser charge Star, 26 October 2000). The offence of this latter legislation provides of sexual assault. It has been said took place several times. This 12- for a maximum jail term of 5 years that when the evidence in court is year-old girl later had to undergo or a RM 10,000 fine, or both, upon insufficient to secure a conviction an abortion. A month later, a 28- conviction. for rape, the prosecution may year- old man was charged under amend the charge to sexual as- Section 376 of the Penal Code and In each case of rape, it is not the sault rather than chance an acquit- was jailed for 14 years and or- victim who elects or presses tal (The Star, 11 June 1997). This dered to be whipped six times for charges against the offender. She means that for the cases that do raping his underaged 13-year-old can only make a police report. It is make it to court and a conviction sister-in-law (The Star, 9.11.00). entirely up to the Deputy Public is obtained, jail sentences vary The offence also took place sev- Prosecutor assigned to the case. greatly depending on the charge eral times. The basis of the decision to pros- and the discretion of the presid- ecute under the lesser charge is ing judge. Two Main Laws not always clear, although there may be two main factors. First is For example, according to The Why the discrepancies? Part of the the preference by the DPP to gain Star (4 January 2001), a grand- problem is that in Malaysia the a conviction, which may be easier father was sentenced to two five- prosecution uses two main laws. under a lesser charge. Second is year jail terms (to run concur- The more serious is where a per- the possibility that discrimination rently) on two counts of raping son can be charged with rape un- against the mentally or physically an underaged, mentally disad- der Section 376 of the Penal Code, disadvantaged may lead the DPP vantaged girl. The 15-year-old which carries a jail term of up to to prefer charges for a lesser crime. girl subsequently gave birth to a 20 years (minimum 5 years) and child. The man is presently out possible whipping upon convic- It is sincerely hoped the latter is on bail pending an appeal to the tion. There is also a lesser charge not the case. It is just not accept- High Court. of sexual assault in the Penal able that a rapist can get off so

Aliran Monthly 20(11/12) Page 29 lightly under the Women and way mirrors is rare. In court, the ments to the Evidence Act and a Girls Protection Act 1973 for rap- victim has to face the accused as fundamental change in public at- ing a person, more so if she is well as curious members of the titudes to rape and rape survivors. underaged and mentally disad- public and will probably have to It might be noted that the Women vantaged. It would seem that the relive the trauma of the rape expe- and Girls Protection Act 1973 is crime is made doubly worse be- rience while giving testimony and in the process of being repealed cause of the girl’s added vulner- being cross-examined. Her past because it is being integrated into ability (i.e. her youth and mental sexual history and her moral char- a new Child Bill. This gives the disability). So instead of a rapist acter may be discredited by the Government yet another chance to getting a more severe sentence for defence lawyers, although the seriously review its relevance in violating an underage mentally 1989 amendments to the Evidence relation to rape cases. It is strongly disadvantaged person, the rapist Act Section 146 clearly states that urged that, instead of merely re- gets a lighter sentence. Why is it this should not be allowed. peating it wholesale within the that our legal system is unable to Child Bill, Section 16 (1)(1) of the protect and support the very peo- The rape survivor does not meet Women and Girls Protection Act ple who need the protection and the Public Prosecutor until the first should be removed. Efforts in- support the most? day in court; neither does she have stead should focus on strengthen- a choice as to who will prosecute ing the potential use and success Prejudices And on her behalf. This adds to the of the Penal Code. Insensitivity general difficulty in terms of finding corroboration, as the rape sur- By strengthening the system in or- In relation to the possible difficul- vivor’s testimony alone cannot der to support rape survivors and ties of getting a conviction under convict a person of rape. There to bring rapists to proper account, section 376 of the Penal Code, have to be eyewitnesses, medical present arbitrariness and discrep- there is already a vast amount of evidence and other direct or indi- ancies in charges will hopefully documentation of the difficulties rect evidence in order to convict diminish. In reviewing the laws a rape survivor faces in attempt- the rapist. These may not always on rape, other necessary changes ing to bring her violator to justice. be easy to produce especially if the can also be incorporated. For ex- Unfortunately, there is the still rape is reported a few days later. ample, the definition of rape itself widespread attitudinal problem All of these problems intensify needs widening. It is presently that blames rape survivors for the when the rape survivor is very limited to penile-vaginal penetra- rape. The crime itself may not be young and mentally or physically tion. Women’s organisations, lo- seen as ‘serious’. Those holding disabled. cal and international, have called these prejudices may include for a wider definition to include judges, police, hospital staff, wel- Changes Needed other forms of sexual assault un- fare officers, politicians and oth- der rape, irrespective of the gen- ers who are involved in the pro- Recognition of these difficulties der of the persons involved. In- tection of the rape survivor and should not lead us to abandon deed, women’s organisations here the prosecution of the rapist. prosecution under Section 376 of have been calling for many, many the Penal Code by using lesser years for a wholesale review of Then there is the issue of the kind charges and the Women and Girls legislation and procedures and of support and help given to rape Protection Act. Rather, recognition have made many concrete sugges- survivors. There may still be in- of the difficulties should lead to a tions for change. There has been a sensitive questioning of the rape determined effort to ensure that all little improvement, but not nearly survivor when making the police measures necessary to provide enough. It is high time that more report or when seeking a medical essential support for the rape sur- is done by those who have the examination. Further, if a suspect vivors and towards a successful power to do it. Otherwise the arbi- is apprehended, the rape survivor prosecution under Section 376 are trariness and discrepancies will has to directly identify the suspect undertaken with urgency. These continue and rapists will continue from a line-up by tapping him on need to include changes to line- to escape proper sentencing for the shoulder, as the use of one- up identification parades, amend- their crime. q

Aliran Monthly 20(11/12) Page 30 Let good sense and truth prevail in the larger interest of the nation in the spirit of tolerance and goodwill as we celebrate Christmas, Hari Raya and welcome the New Year. Let’s leave behind the acrimony and animosity of the past as we enter the new millennium with renewed hope and determination for a bright future.

P. Ramakrishnan President 23 December 2000

To Be A Malaysian A record of Aliran'sAliran'sAliran's stand on current affairs. Or A Politician?

We agree with Dr Mahathir that Let Good Sense that was being lit. “learning the language (English) And Truth Prevail does not make a person less of a Dr Toh Kin Woon of Gerakan was nationalist.” The ordinary Aliran supports the general call right in stating that "Suqiu’s de- Malaysian understands this. But by many organisations and par- mands did not touch on the aboli- do politicians understand this? ties in Malaysia, including UMNO tion of the special privileges of Youth, for a meeting with Suqiu bumiputras as alleged by some The politicians are the source of to resolve the 17-point appeal con- quarters . ” all our problems. If the education troversy that is raging across the system is in a mess, it’s because of nation threatening our fragile And Dr Mahathir, the leader of the the politicians. If our very high unity. This move hopefully will Barisan Nasional, the President of standard of English has hit rock help to defuse the emotion- UMNO and the Prime Minister of bottom, it is because of the politi- charged atmosphere and help to Malaysia, had confirmed that cians. restore sanity and goodwill. “Suqiu had never explicitly stated that it was demanding for the When the switch to Bahasa Ma- This is a classic example of how Malays to be stripped of their spe- laysia was made in the early easily unscrupulous people can cial status.” 1970s, rational voices pleaded distort the truth and disrupt our that Science and Mathematics be harmony for selfish ends. In any case, when has a demand taught in English. This was shot yielded anything? Demands have down. There was also the sug- It is deeply regretted that the me- never deprived anybody of any- gestion that English Literature be dia had not conducted itself re- thing unless the government gives taught to preserve the standard of sponsibly. It is a great pity that in. Has the government given in English. This was ignored. they opted for profits instead of to the Suqiu’s so-called demands? nailing the lie that was being ped- BarisanNasional MPs must decide dled. It is worth remembering that citi- whether they want to be zens have been demanding the Malaysians in the larger interest of Why did they play up the issue of abolition of the ISA for 40 years the country or remain as petty poli- special privileges as though it was but it is still here. For some time ticians for their narrow interest. really under threat and in immi- now there have been vociferous nent danger of being scraped? demands for Dr Mahathir to step P. Ramakrishnan They kept the issue alive instead down as Prime Minister but he is President of putting out the communal flame still around. 29 December 2000

Aliran Monthly 20(11/12) Page 31 ties like the Gerakan, the DAP, Keadilan and Parti Rakyat Malay- sia which started off as multi-ethnic parties. But sadly most are no longer so. There are two reasons for this change. First, the media has gone out of its way to project the DAP and Gerakan as Chinese parties, and Keadilan and Parti Rakyat Malaysia as Malay parties. The leaders (and members) of these parties have also ‘fallen into this trap’ - by continuously elect- ing persons from particular ethnic groupings as leaders. Leader- ship should not be based on race but merit, capability and popular support. Non-racial opposition Letters should be no more than 250 words and must include parties and their members must the writer's name and address. Pseudonyms may be used. Send be ready to take drastic steps such letters to : Editor, ALIRAN MONTHLY, 103, Medan Penaga, as getting non-Malays to be 11600 Penang, Malaysia or e-mail to : [email protected]. Keadilan and Parti Rakyat lead- Views expressed need not reflect those of Aliran. ers, or Malays as leaders of the DAP. Otherwise many Malaysians will wonder if the Barisan Malay Unity: tinue to propagate it by whatso- Alternatif is merely another coali- Diverting Attention ever means, for if Malaysians be- tion of racial political parties, like gin to look at each other as the BN. In 1957, Malaysia got its inde- Malaysians and not merely as pendence from the British but “Malays’, ‘Chinese’, ‘Indians’, Malaysians who believe in unity, sadly political power was trans- ‘Kadazans’, etc - racial politics justice and equality should stand ferred to a coalition of racially will come to an end. together to say “NO” to Malay based political parties that con- Unity, to Chinese Unity, to Indian tinue to be the dominant parties Instead, attempts have been made Unity, to Muslim Unity, to Chris- in the ruling coalition, the Barisan to give a false perspective that tian Unity, to Kadazan Unity and Nasional, until this day. these racial parties are in fact na- other narrow calls for unity . If we tionalistic parties. There can be no cannot do this we will continue When political parties are racially Malay nationalism or Chinese to be distracted by the actions of based, their survival can only be nationalism or Indian National- the powerful minority who con- assured by the continuous empha- ism - there can only be a tinue to pillage the wealth of the sis on racial unity - and not multi- Malaysian nationalism. nation for themselves, without any racialism or nationalism. Racial real concern for the good and parties in Malaysia sadly con- Malaysians are now rejecting all well-being of all Malaysians. tinue to call on its members to forms of racial and religious poli- stand united - to defend and to tics. This is evident by the fact that Concerned Citizen fight for the rights of their particu- in a country where the population by e-mail lar communities. That is all they is over 22 million, only about 10% can do and must do for their con- or less are members of racial par- Privatisation tinued survival. They cannot al- ties. low for the death of racial dis- May I suggest that in the next is- crimination. They have to con- In Malaysia, there are some par- sue you cover the issues of

Aliran Monthly 20(11/12) Page 32 Mahathir’s failed privatization also selling shares and equity to must push for reforms now in all projects? The failings are aplenty, foreign companies. Hence, even if sectors of the Malaysian society. such as ‘renationalization’ of a new government takes over, it is We must campaign against priva- IWK, Bakun, Proton, MAS, increasingly difficult to re-nation- tisation. We must push for the gov- Intrakota, Putra, Star, amongst alise these companies. And if the ernment to be responsible for the those recently announced. Could new government tries to nation- well-being of all its people. you also re-publish your old alise or force these companies to analysis of the ‘piratisation’ provide basic fundamental serv- CH projects of essential services and ices to certain areas, they will find PJ the adverse effects on consumers? strong opposition not only from these companies but also from Biased And Zaedi Zolkafli other foreign powers whose na- Unprofessional by e-mail tionals control a stake in these util- ity companies. Sebagai warganegara Malaysia Beware Of dan “pemantau” terhadap Privatisation! It has happened elsewhere. In akhbar Utusan Malaysia dan Berita South Africa, the apartheid regime Harian, saya amat kesal dan The government has privatised privatised a number of ‘goodies’ marah dengan corak laporan water supply, electricity, telecom- in the country before handing kedua-dua akhbar bahasa munications, roads and high- over political power, leaving the Melayu ini khususnya berita ways and sewage disposal and new government in the lurch. And mengenai “Suqiu mengugurkan the beneficiaries of these privati- in Chile, of course, Allende was tuntutan” pada hari ini (6 Jan sation projects have been cronies deposed by the private companies 2001). of the ruling elite. and the super power of the USA government whose nationals had Berdasarkan perbandingan Privatisation is also a means for an interest in companies which dengan laporan akhbar bahasa the ruling elite and their friends Allende was attempting to re- Inggeris dan bahasa Cina serta to remain in power even if they claim for the people of Chile. kenyataan bersama Suqiu dan lose political power in the next elec- Pemuda UMNO, saya mendapati tions. After all, will an alternative Malaysians should stop the rot perkataan yang digunakan ialah government be able to control now, before it is too late. We need “mengenepikan” atau “set aside” these privatised entities? Will they to be aware that the government tujuh tuntutan yang “sensitif” be able to compel these bodies to of the day seems to have its pri- tetapi bukan “mengugurkan” provide water supply, electricity mary interest in the welfare of the atau “menarik balik”. or even telephone lines, for exam- rich and the big companies. They ple to rural areas? Probably not, are not at all concerned with the Nyatanya, laporan Utusan dan because private companies, un- welfare of the poor masses. BH mempunyai bias dan tidak like state-controlled ones, have no profesional, tambahan pula moral or other obligation to the One simple but clear example is mungkin mempunyai udang di people of Malaysia. Their primary the fate of the motor-cycle lanes sebalik batu. motive is simply to make profits. along the Federal Highway. These If the state controlled these utili- lanes were closed because of the Sebagai orang yang menceburi ties, the state would have the obli- LRT project and then stayed dalam bidang kewartawanan, gation and duty to provide all closed for the building of the Mid- pemberita dan pengarang akhbar these basic services to all Valley Mega Mall. Why should the Utusan dan BH tidak patut Malaysians, despite the fact that government allow some to build melakukan “kesilapan yang tidak in some cases it may not be eco- mega projects and make money, patut dilakukan itu”. nomically viable. But private en- but do little to enhance the safety tities have no such obligation. of citizens? Untuk saudara dan saudari yang menceburi bidang kewartawan- It should also be noted that some We cannot wait until the next elec- an, “mengenepikan” bermakna of these privatised companies are tions. The people of Malaysia membiarkan untuk sementara,

Aliran Monthly 20(11/12) Page 33 tetapi tidak bermakna perkara ini had sold out to Christians? raised this issue in parliament? tidak akan timbul lagi. Sebalik- Why have the unions not fought nya “mengugurkan” bermakna The BN leaders should look at this issue? tidak meneruskan atau menge- themselves before pointing fingers luarkan sesuatu dari yang asal. at others. Future Pensioner Penang Oleh itu, perlu difahami Suqiu Congratulations to BA for a splen- tidak pernah menyatakan baha- did victory. Keep marching on for Have By Elections, wa perkara yang dianggap a multi-racial Malaysia. Not General Elections “sensitif” itu tidak akan diper- soalkan pada masa yang akan M Thavanesan Everytime a by-election takes datang, malah ia telah mendapat Port Klang place the entire government ma- “ratification” oleh lebih 2,000 chinery is employed to build new pertubuhan Cina. Malangnya Banks Paid roads, repair schools, dig new Utusan dan BH telah memberi In Lump Sum? drains, give out huge handouts, satu gambaran yang “silap” grant land titles and what not. kepada pembacanya khususnya The recent raise for pensioners masyarakat orang Melayu. announced in the recent budget The government only offers mate- still kept the lower level pension- rial benefits and huge promises Corak pemberitaan ini merupa- ers well below the poverty line, that are forgotten once the elec- kan satu perkara yang amat and other pensioners scraping for tions are over. Since instant ben- memalukan malah mempunyai a decent living. The PM a few efits are reaped by the Rakyat it is pendirian yang bias. Sebagai years ago agreed to pay pension- better to have by-elections rather wartawan dan pengarang yang ers their due according to actual than general elections. bertanggungjawab perkara ini years of service rather than cap- perlu diperbetulkan. ping it at 25 years as at present Karuppan because of financial considera- Johor Baru “Pemantau” Utusan dan tion. The unions disputed this fi- Berita Harian nancial costs but never were seri- What Will Penang ous about helping the pensioners. MCA And MIC Do? Now, what are these two parties Lunas By-election Why can’t the government afford (MCA and MIC) going to do? MCA it when they have been paying and MIC tried their level best to The Barisan Nasional claims that pensions in lump sums into se- fool the Malaysian Chinese and religion was used in the Lunas by- lected banks every six months in Malaysian Indians by saying that election. But the BN candidate, advance for the banks make pay- Party PAS is a fanatic, extremist Anthonysamy lost not because he ments to pensioners monthly. No party. The people will suffer was portrayed in a bishop’s attire interest is paid by the banks for should PAS come to power. But in a photograph. He lost because the billions of ringgit paid to the now, UMNO is interested in hav- the voters of Lunas did not believe selected banks in advance. This ing talks with PAS! Dr M even in the lies told by BN leaders. is rightly pensioners’ money and says he will not object to PAS join- should go to them. The hundreds ing the BN. Let me ask Dr Mahathir this: of millions of ringgit in interest Didn’t BN manipulate religious accruing for the last 10 or more What are you two going to do sentiments to defeat Tengku years should have been given to now? Still want to condemn PAS? Razaleigh in 1990? Didn’t the BN poor pensioners and not placed Indeed, the MCA and MIC should make an issue of Razaleigh wear- for the benefit of the banks to sub- be prepared to condemn UMNO ing Kadazan headgear, deliber- sidise their inefficiencies. Is this for ‘backstabbing’ them. ately portarying the motif on the not an abuse of public funds? headgear as a Christian cross, J Apalasamy thus suggesting that Razaleigh Why have opposition parties not Raub

Aliran Monthly 20(11/12) Page 34 HEALTHCARE The Promise And Perils Of Global Health, Inc. Five-Star treatment for the rich, underfunded services for the destitute? by Dr Chan Chee Khoon

n 1992, the Institut Jantung nal), Dr Allyson Pollock, professor the United States, more than half of Negara (National Heart of health policy at University College national healthcare expenditure is III Institute) was hived off London pointed out that the ongo- accounted for by public spending — from the Kuala Lumpur ing World Trade Organisation on Medicare (for the elderly), Med- hospital and corporatised as a fully (WTO) negotiations on the General icaid (for the poor), and on other fed- government-owned referral heart Agreement on Trade in Services eral, state, county and city govern- centre. One of its explicit missions (GATS) could very well lead to a situ- ment health services. was to provide high-quality cardio- ation which “would outlaw the use thoracic and cardiological services at of non-market mechanisms such as Indeed, the market-driven US medium cost to Malaysian citizens. cross-subsidisation, universal risk healthcare system would collapse pooling, solidarity, and public ac- without this massive intervention to For non-civil servants, patient countability in the design, funding, prop up economic demand for charges at the corporatised IJN would and delivery of public [sector healthcare services. be increased from the hitherto healthcare] services, as being anti- highly-subsidised rates, and IJN staff competitive and restrictive to trade. Social Decency would be paid salaries markedly The domestic policies of national above the corresponding Health governments [on healthcare] will be Massive social transfers and cross- Ministry scales. subject to WTO rules, and if declared subsidies in healthcare are therefore illegal, could lead to trade sanctions unavoidable if any semblance of so- The IJN, however, would continue under the WTO disputes panel proc- cial decency (and economic stability to be subsidised by public funds al- ess”. and political legitimacy) is to be though not to the extent of 90-95% maintained. Professor Robert Evans as was commonly the case for the This is a major breach of solidarity in of the University of British Colum- regular Health Ministry facilities. the context of western European bia has demonstrated convincingly social democracy, and a remarkable that the affluent in most societies The intention was that IJN should encroachment of international trade would benefit from (and therefore also act as a price bulwark, i.e. a regimes into an area traditionally at prefer) a free-market system with fallback option which would serve the core of welfarist states, possibly minimal taxation and social transfers, as a competitive price check against the most crucial aspect of an implicit as opposed to universal access to steep price increases in the private social contract and therefore of re- healthcare financed by progressive sector. (It is for this reason also that gime legitimacy. taxation. the Citizens’ Health Initiative has re- peatedly emphasised that it is in the Given the medical and health tech- Hence, we note the retrogressive interests of everyone to support the nologies currently available (and the neoliberal ethos of generous tax ex- continuance of well-funded, compe- associated economics of healthcare), emptions coupled with drastic cut- tent and credible healthcare provided there exists no country that can rely backs in social spending, at best alle- by the public sector). solely on the market to deliver nec- viated by “social safety nets” and essary health and medical care to the charitable initiatives. The inevitable In the 9 December 2000 issue of the bulk of its citizenry. Even in that ar- scenario emerges: a polarised sys- Lancet (the UK’s leading medical jour- chetype of free-market health care, tem of deluxe, five-star care for the

Aliran Monthly 20(11/12) Page 35 rich, and decimated, demoralised, specific commitments. The process tronic referrals (tele-consultations, and underfunded services for the has been made possible by a man- tele-imaging etc) to designated destitute. date, otherwise known as the built- healthcare providers locally and glo- in agenda, already written into the bally, i.e. an electronically-enabled At the recently concluded People’s treaty”. feeder network for patient referrals Health Assembly at Gonoshathaya who are enrolled in healthcare plans Kendra, Bangladesh (December 4-8, But even in the absence of WTO- (insurance, managed care, HMOs), is 2000), delegates concerned with the GATS commitments, transnational for-profit managed care writ large, globalising reach of market medicine healthcare entrepreneurs have not in the making, globalised with the called for an internationally co- been idle. Foreign-based healthcare aid of informational technologies. ordinated campaign to remove consultants have been busily scout- health-related services (broadly de- ing out joint-venture opportunities Affluent healthcare consumers fined) from the dictates of the WTO- emerging from the government’s would of course appreciate the facili- GATS regimes, .i.e. to reinstate the privatisation policy, and advising on tated access to state-of-the-art discretion and jurisdiction for the or- partnership deals with well-con- healthcare, but poorer patients faced ganisation and financing of healthcare nected local counterparts — in hos- with cutbacks in social supports and back to national governments. pital support services, pharmaceuti- a deteriorating public sector would cals, medical supplies and dispos- inevitably end up in the bottom rungs More generally, there was an emerg- ables, telemedicine and medical of a multi-tier system. ing consensus that the WTO’s over- informatics, medical insurance, man- riding concern for minimally re- aged care and HMOs among others. But even so healthcare consumers stricted trade, often to the detriment should be wary, as the same tensions of health considerations (e.g. coun- (The Commercial Service of the US that exist in managed care, between try restrictions on imports of poten- Embassy in KL lists healthcare right corporate profits versus patient wel- tially hazardous commodities and at the top of its “Best Prospect” Mar- fare and good medical practice, will processes) was unacceptable. kets for Malaysia for 2000. The eco- eventually emerge. For-profit man- nomic intelligence units of the UK and aged care is the latest incarnation of Perils Of Globalisation Australian High Commissions are medical insurance, a projection of the similarly enthusiastic about emerg- insurers’ influence (as bulk purchaser Prime Minister Mahathir Mohamad ing healthcare markets with further of healthcare services) into fee set- has rightly warned Malaysians and privatisation in Malaysia). ting and in extreme cases, even into other Third World citizens about the clinical judgement and prerogative, perils of globalisation under duress, On 15 December 2000, The Edge and treatment protocol. while subject to gross power imbal- Daily (online business journal) re- ances. Malaysia, to our knowledge ported that Aetna-ING, one of the Ultimately beholden more to share- has yet to make wide-ranging, mar- largest health insurers in Malaysia, holder interests, for-profit managed ket-opening commitments on had linked up with WorldCare care can be detrimental to patient healthcare under the GATS regimes, Health (Malaysia) Sdn Bhd, the welfare and good medical practice, at the moment confined to medical Malaysian subsidiary of US-based as when medically necessary care is and dental services, hospital services, WorldCare Consortium. WorldCare all too often denied. and health insurance. Consortium is a leading international player in telemedicine, operating a For-profit managed care has been a Extreme caution by our trade nego- globally distributed referral network very unsatisfactory tool for discour- tiators is absolutely essential at the with links to the Johns Hopkins Medi- aging the wasteful use of medical WTO-GATS deliberations, especially cal Institutions, The London Clinic, resources, and we should not repeat in light of Professor Pollock’s further Duke University Medical Center, the avoidable experiences of the remarks that in the attempt to get Cleveland Clinic Foundation, Massa- United States with its disastrous reli- around the voluntary nature of coun- chusetts General Hospital, Brigham ance on profit-driven managed try commitments to specific service & Women’s Hospital (Boston), care.q sectors, “the regulatory reform proc- Spaulding Rehabilitation Center, and ess [currently underway in the WTO] the Dana-Farber Cancer Institute consists of negotiations to make (Harvard Medical School) among changes to GATS [via] general or top- others. Chan Chee Khoon is coordi- down provisions that apply auto- nator of the Citizen’s matically to all service sectors, even This fusion of bulk purchasing power Health Initiative. those where members have made no (insurers’ patient pools) with elec-

Aliran Monthly 20(11/12) Page 36 PALESTINE

The Oslo Process Is Dead

A new phase in the struggle for a genuine and meaningful Palestinian homeland has begun by Achin Vanaik

he Oslo peace process is security crisis but a political one. 78 per cent of the territory origi- dead. A new phase in the The deliberate ambiguities and nally mandated for Palestine in TTT struggle for a genuine obfuscations of the Oslo Accord the 1947 U.N. Partition Plan in and meaningful Pales- or Declaration of Principles (DoP) return for a much truncated Pal- tinian homeland has begun. This in 1993 have finally exacted their estinian state whose actual pow- is not what Israel or the U.S. Gov- price. Most Governments includ- ers and shape would still be un- ernment will admit. They would ing India’s welcomed those ac- certain and require further nego- like to portray the current strife as cords. After all, the whole Pales- tiations before being finalised. the failure of Mr. Yasser Arafat to tinian issue had become terribly control the ‘violent’ elements irksome and a barrier to Indian Even the “two-state solution” had within his jurisdiction which is pursuit of better relations with Is- a more just form. This was obedi- supposed to have created a secu- rael and the U.S. If the Palestin- ence to U.N. Resolutions 194 and rity crisis. ian issue could finally disappear 242 respectively calling for the behind some facade of a negoti- right of return of and compensa- Worse, the U.S. and Israeli media ated peace settlement so much the tion to Palestinian refugees and have sought to pin primary re- better. declaring the inadmissibility of sponsibility for the violence on all territories acquired by Israel the Palestinians although it is the Besides, if Mr. Arafat was amena- through the 1967 war and subse- latter who have suffered the over- ble to the sell-out why should quent military advances, i.e. its whelming number of losses, al- other Governments not welcome full withdrawal from such ac- most entirely civilian, mostly it. Only a few intransigent souls quired territories. The Oslo Ac- youth, in a military confrontation like Mr. Edward Said and the op- cords which made the U.S. the where one side uses air strikes position to Mr. Arafat within the principal broker of the deal ig- and has massive superiority in Palestinian Resistance (both in- nored the U.N. and these resolu- artillery while the other side uses side and outside Al Fatah) under- tions, that is, sought deliberately mostly bricks and stones and stood the Oslo Accords for what to legitimise Israel’s territorial sometimes small arms. What is they really were and placed their gains and at the same time re- extraordinary is not just the na- faith in the determination and fused to assure the Palestinians ture of a media coverage which courage of the Palestinian masses that they would ever get a fully claims that the Palestinian Au- when judging that it could not and sovereign or territorially contigu- thority (PA) is deliberately “sacri- would not work. ous state. ficing” the lives of children and teenagers to “embarrass” Israel Mr. Arafat accepted the DoP be- 5 Unresolved Issues but that such perversion of dis- cause after the comprehensive vic- course and reality can be widely tory of the U.S. in both the Gulf The DoP left five vital issues un- believed in Israel, the West and War and the Cold War he saw this resolved and hostage to the future elsewhere. as the only way to salvage his own relationship of forces which it was position and retain some limited safely assumed would favour Is- From UN To US credibility. He bartered away not rael thus leading to greater con- only diplomatic recognition of Is- cessions to it than for the desper- In reality what we have is not a rael but its permanent seizure of ate Arafat-led PLO. These were (1)

Aliran Monthly 20(11/12) Page 37 the status of East Jerusalem; (2) the the 1990s he promoted the aggres- of the formation of Zionist Israel. right to return of Palestinian refu- sive construction drive of Israeli To try and rectify the historical gees; (3) the disposition of Israeli settlements in the West Bank and injustice done to Jews through the settlements which far from wind- Gaza. He is at the forefront of the creation of a Jewish homeland ing down have systematically ex- current effort to maintain for as wresting territory away from a panded since 1993; (4) the final long as possible the effective colo- people not themselves responsi- borders between Israel and the nisation of the Palestinian people. ble for that historical injustice has new Palestinian state; (5) whether Mr. Arafat today has no choice but itself been a deep injustice and such a state would even enjoy full to go along with the basic senti- therefore no legitimate rectifica- sovereign powers such as the ment of the Palestinian people tion at all. right to have its own armed forces which will not accept the and complete freedom (independ- Bantustanisation of their territory This, Israel’s Jews and world ence from Israel) in its foreign and or so comprehensive a betrayal of Jewry (with rare exceptions) have domestic policies. their aspirations. Mr. Arafat does never been able to acknowledge not control all of Al Fatah much for how then could they see them- In the meantime the PA would of which will break from him com- selves as history’s “oppressed” have some municipal powers (but pletely if he tries to restore the Oslo when they themselves have be- not even full control over water) Accords and link more closely come “oppressors”! From that and act as the proxy police force with the various Islamic groups original blindness followed the to guard over Palestinians on be- who are part of the new Intifada inevitable moral slide. It became half of Israel. Jewish settlements but in even less control than Al so easy for the Israeli Government would remain and the PA-control- Fatah of the general swell of spon- ever since 1948 to support West- led territory would be criss- taneous anger and resistance by ern imperialism, the apartheid re- crossed by Israeli controlled areas young Palestinians mainly in the gime, South Vietnam, and in fact and security forces. 15 to 25 age group who have been any and every dictatorial regime prepared to put their lives on the that was prepared to accept its When the October 2000 deadline line in this remarkable struggle for usurpation of Palestine and re- for declaring a Palestinian state a truly free Palestine. pression of its people. neared not only did it prove impossible to resolve these issues in Even if some peace is brokered by We have come a long way since any way which would have been the U.S. or a temporary peace of 1948. The Palestinian Resistance acceptable to the Palestinian peo- battle fatigue sets in on the Pales- moved from rejecting Israel to pro- ple (despite Mr. Arafat’s willing- tinian side, the Oslo deal is fin- posing a non-Zionist and shared ness to go a long way down the ished. Even on the Israeli side, democratic, secular Palestine-Is- road with Israel) but there was the public opinion has greatly hard- rael with equal rights for Arabs deliberate provocation of the Is- ened and swung to the right. A and Jews ‘solution’ to proposing raeli right-wing not willing to ac- new election will probably see the a reasonably just and fair “two- cept even the shabby dynamic of strengthening of the likes of Mr. state solution”. Israel, the U.S. and the shameful Oslo deal. This took Sharon. a world comity of nations with the shape of Mr. Ariel Sharon’s very few exceptions have been visit to al-Haram-al-Sharif on 28 From Oppressed To content to witness the erosion of September. Oppressors all these efforts for any shabby compromise that would allow the Mr. Sharon, it should be remem- Given the tragic history of the issue to permanently fade away. bered, was responsible for the Jews in the last century, the enor- Only by their heroism and integ- 1971 repression in the Gaza Strip. mity of the crime of the Holocaust, rity have ordinary Palestinians As Defence Minister in 1982 he led Israel’s Jews more than anyone made sure that what has hap- the Israeli invasion of southern else should have been the most pened to them will not easily be- Lebanon and was indicted by an sensitive to the crime and injus- come another forgotten injustice Israeli tribunal for indirect re- tice perpetrated on the Palestin- of history. q sponsibility for the Shabra and ians. They could not be because Shatila massacres of Palestinian of the fundamental contradiction Source: The Hindu (India) refugees. As Housing Minister in that has always lain at the heart 7 December 2000

Aliran Monthly 20(11/12) Page 38 JUSTICE IN DOUBLE JEOPARDY Continued from page 40 what was honestly believed to be ter and the executive and that is yers - concluded: “From our con- selective prosecutions. very significant. sideration of the case and the surrounding circumstances, we are He has not come clean why Lim He made Malaysians a laughing of the view that the concerns Guan Eng was prosecuted and stock by having a soiled mattress raised in Malaysia and the inter- Rahim Thamby Chik was spared dragged into court for 27 days; he national community are fully jus- in spite of the confession of an bewildered Malaysians when he tified”. under-aged girl claiming in open could not state the exact date of court that Rahim had had sex with sodomy in Anwar’s trial and yet Consequently Mohtar’s appoint- her. He has not convinced us why proceeded with his case. ment as a Federal Court judge Irene Fernandez has to be charged goes against the new CJ’s inten- for false publications while clear- Malaysians are asking what has tion to restore public confidence ing Justice Idid for a similar of- happened to the Maika Holdings in the deeply wounded and fence, which had a far more pro- and the Perwaja cases; what has scarred judiciary. If Mohtar has found implication on the entire happened to the numerous police the interest of the judiciary and judiciary. Idid’s letter condemned reports made by Anwar alleging the cause of justice at heart, he and implicated 12 judges by cit- corruption and abuse of power by should immediately resign. This ing 112 serious allegations of cor- Dr. Mahathir; what has happened act of his would go a long way in ruption and malpractice. Mohtar to the several cases of shooting restoring public confidence in the did not and dared not prosecute and killing by the police involv- judiciary Raphael Pura for alleging that ing a pregnant Indian woman lawyer V.K. Lingam wrote parts of and others; what has happened For Mohtar to continue to hold on the judgement of a judge in his to the Opposition police reports to this prestigious position in spite defamation case. alleging police brutality? All these of the controversies surrounding cases only confirmed the perverse his earlier role as AG makes no Nobody believed Mohtar's impar- selective prosecution practised by sense. In fact it places justice in tiality when he prosecuted Lim him. double jeopardy. Guan Eng, Irene Fernandez and Karpal Singh for sedition; nobody His very conduct had brought ir- We hold Dr Mahathir directly re- had the slightest respect for his reparable disrepute and damage sponsible for this absurd situa- chambers when he pressed not only to his office but to the en- tion. charges against Zainur Zakaria tire system of justice. Photographs and Manjit Singh for contempt. of him holidaying with lawyer It is our Malaysian tragedy that All these cases only confirmed V.K. Lingam, which were circu- Mahathir in his “couldn’t be both- that the ugly hands of politics lated in the Internet, have raised ered” attitude, has gone against were very pervasive in our system serious questions of ethics and in- the national sentiment to reward of justice which was manipulated tegrity. Many perceive this as scan- Mohtar. What outrages as a political tool. dalous and unbecoming conduct. Malaysians does not concern Mahathir. He must have his way. Mohtar’s very appointment seems Mohtar's role and conduct in the However, Malaysians must real- to suggest a political reward. recent high profile cases not only ise that Mahathir is there because When asked if he was surprised revolted Malaysians but had out- of our votes. This is an equally by the appointment, he answered, raged the international legal com- absurd situation. We must decide “I have served the government munity and intelligent thinking whether he should continue to be and if my service is needed, I will around the world. With reference there and make a mockery of our accept.” He did not say he had to the Anuar Ibrahim trial, a mis- system of justice. served the cause of justice but only sion - appointed by four well served the government which es- known and highly respected in- Aliran Executive Committee sentially meant the prime minis- ternational organisations for law- 26 January 2001

Aliran Monthly 20(11/12) Page 39 JUDICIARY Justice In Double Jeopardy

How could Mohtar be appointed as a Federal Court judge when he was so bitterly embroiled in controversies that had undermined people’s confidence in our system of justice and tarnished the image of the judiciary?

he appointment of TT former Attorney-Gen- TTT eral, Tan Sri Mohtar Abdullah, as a Federal Court judge, some three weeks after his retirement from his office, has shattered whatever hope that was raised by the appointment of Tan Sri Mohamad Dzaiddin Abdullah as the Chief Justice of the Federal Court.

Dzaiddin, through his honest ad- mission and appraisal of the status of the judiciary, promised, as his priority, to restore public confidence in the judiciary and mend fences with the Bar so that the courts would serve the cause of justice without fear or favour.

The fact that this new dawn held out by Dzaiddin was dashed so soon and so cruelly mocks us in our face that ordinary Malaysians have no right to look forward to anything as far as the judiciary is concerned.

It is difficult to reconcile how Mohtar could be appointed as a Federal Court judge when he was so bitterly embroiled in controversies that had undermined people’s confidence in our system of justice and tarnished the image of the judiciary. He had generated so much acrimony and anger among the vast majority of Malaysians in Continued on page 39

Aliran Monthly 20(11/12) Page 40