PP3739/12/2002 ISSN 0127 - 5127 / RM3.00 / 2002:Vol.22No.8

SoundSound andand FuryFury SignifyingSignifying NothingNothing NewNew

Aliran Monthly : Vol.22(8) Page 1 COVER STORY Puteri UMNO: Sound and Fury Signifying Nothing New by Maznah Mohamad

ews of tiffs and acrimoni- NN ous contests within NNN Puteri Umno in the run- up to its first election in November makes for salacious reading. But this belies a sad com- mentary. A commentary on how women are not immune to dirty politicking. Worst, once mired into it they do not get out of it. One slan- der begets another. One sensational exposure leads to even more.

While one might think of the fight for the top post with contenders, Mastina Abdul Hamid, Raihan Sulaiman and possibly others, against the incumbent Azalina Said Othman as a ‘healthy’ dem- onstration of democracy, there is always something more to this than meets the eye.

There are several questions that deserve asking. Is Puteri Umno merely nursing its teething prob- lems or already weathering a po- litical tornado that can potentially damage it even before it can barely begin to attain legitimate status? Is Puteri UMNO the antidote to UMNO’s ailment? Is Puteri UMNO the answer to women’s plight?

Dilemma

What is reflected in Puteri UMNO’s impending election is not just a contest, but a question-

Aliran Monthly : Vol.22(8) Page 2 EDITOR'S NOTE

By launching Puteri UMNO two years ago, UMNO succeeded in attracting young Malay women to the CONTENTS party again. Some of these women were quite out- spoken and impressive and re-ignited public inter- COVER STORY est in UMNO. Alas, it appears that Puteri’s honey- ••• Puteri UMNO 222 moon period is over. For the old despicable UMNO- style politics has crept into the Wing too. Maznah FEATURES Mohamad reflects on Puteri UMNO and the brew- ••• Federal Court Ruling Defies Logic 777 ing internal conflict in our lead story. ••• All-Out War 888 ••• So, Why Are We Still Waiting? 999 K Ong investigates the recent constituency delimi- ••• You Are Expected To Deliver 111111 tation exercise in the back cover story. His analysis •• We Will Be Vigilant 1313 reveals that mal-apportionment of seats among the ••• We Will Be Vigilant 131313 states, and gerrymandering or redrawing of the ••• Fundamentalism 161616 boundaries in favour of the ruling coalition, per- ••• Murderous Anniversary 252525 sists. ••• Mahathir's Meddling 262626 ••• Penang Does Not Need PORR 363636 Another feature this month is the plight of the ISA ••• Artful Dodging 383838 detainees. P Ramakrishnan questions the decision ••• The 2002 Delimitation Exercise 404040 of the Federal Court which ruled the ISA arrests ille- gal but did not order that the detainees be released. REGULARS Read also the “declaration of war” by the Families ••• Thinking Allowed 191919 of the Detainees who have vowed to fight on till ••• Current Concerns 292929 justice is done. ••• LettersLettersLetters 313131

Other stories in this AM are: a report on a forum on OTHERSOTHERSOTHERS PORR held in the Aliran office; short articles on ••• Aliran In Dire Straits 232323 Burma including a criticism of Dr Mahathir’s “in- ••• Subscription Form 242424 terference into Burma’s internal affairs”; and on ••• Book Review 272727 Afghanistan, one year after.

Published by 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 : Vol.22(8) Page 3 ing of the unsolved legitimacy reform. One badly needed area of recruitment of young women to of Puteri UMNO. It is really a improvement was for the party to fuel a flagging party is compara- contest to decide what identity re-build or expand its corps of ble to an older phenomenon of the Puteri UMNO should wear The vote-solicitors. The target was to massive deployment of women perennial dilemma of the Malay- win new voters and win-back the into the industrial workforce dur- Muslim woman, having to youths previously attracted to ing the 1970s. choose between the symbolisms reformasi. of tradition or modernity seems The stigma of “Minah Karan”, the to be at play. Perhaps UMNO also knew that label given to young Malay from the 1999 election women women who were recruited in On the one hand there is the could be more trusted to be loyal droves and with sudden speed feisty Azalina, unconventional voters to one party than do men. into the electronics industries of by most Malay political and cul- But why Puteri UMNO? the early 1970s had long gone. tural standards. On the other Then, women were preferred over hand, there are her two rivals Wanita UMNO was probably no men in the electronics industry. who outwardly exhibit every bit longer capable of attracting youth- The famous reasons being that the norm of Malay-Muslim ful women voters, being saddled they were nimble-fingered, obedi- womanhood. with its ‘motherly, old-fashioned’ ent, disciplined and easily con- image for as long as it has existed. trolled. While Azalina does not wear the UMNO Youth on the other hand tudung, her two rivals do. While is etched with a “thuggish” im- Male youths were not trusted with Mastina is unmarried she is so- age having been prominent only the job of factory workers as the cially acceptable because of her at demonstrating stridency when skills required were more cultural educational qualification of an the issues demanded of them. (passivity, tolerance for long sed- MBA, and has professed that she entary and repetitive tasks) rather will be injecting more Islam into Given all of these, the prime min- than technical. But women’s sud- the movement. Raihan on the ister’s attention naturally turned den appearance as the new labour other hand is by far the epitome of to an untapped political force, force was greeted with disdain by the ‘traditionalist’. Not only is she namely young women. And why a strongly male-biased society. of UMNO stock, being the daugh- not? Women were accused of becom- ter of an UMNO veteran, but she ing “loose” once they embraced is married with four children. Young women have either been the urban lifestyle. neglected as a political entity or Among the three, the scale seems when they are publicly acknowl- All these are in many ways not to be sliding in the degree of how edged it had always been for the too different from the Puteri far one nears or veers from the wrong reasons. Young women UMNO experience. While the symbols of traditionalism. It’s a were either considered uncontrol- progressives cheer on the bright- question as to who best shall pro- lable (the ‘bohsia’ phenomenon) eyed women, the conservative el- vide the best role model for the or in need of excessive protection ements ridicule them. movement. from sexual predators. Several decades ago, it was the Saviour Of UMNO UMNO’s new-found positive at- lagging economy which needed a tention towards women as politi- boost in the form of export-orien- When Puteri Umno was first cal agents were greeted with tation and the setting-up of off- formed, hopeful initiators of this much approval by those who con- shore multinational electronic idea thought of it as a gain for sider themselves progressive. companies. Women, the so-called women. UMNO apologists within ‘reserve army’ of labour were en- the media saw it as a saviour for Women trusted to do the job. UMNO. Challenged by the winds In The Machine of reformasi UMNO was cornered Now, UMNO, having grown into into seeking its own formula for This phenomenon of the sudden a sluggish dinosaur badly needs

Aliran Monthly : Vol.22(8) Page 4 an ‘army’ too. It needed a force UMNO would not only be given “bukan lindungan” (not over- that can jump-start it towards a equal status as the other wings in shadowed by) is self-evident. Not sense of purpose and bring in the party, it would even be centre- much is known of this writer or new, dynamic recruits to sustain staged as evidence of UMNO’s that in fact it may be just a nom de its legitimacy. success at embracing reforms. plume, but a check at the book- store in Putra World Trade Cen- What does all of this tell us about Perhaps this is where the Puteri tre, where the UMNO headquar- women? That women, in both UMNO phenomenon departs ters is based shows that there are cases were really needed as cogs from the “Minah Karan” pre- already a string of novels written in the bigger wheel of change. In dicament of before. Save for the by this author. the first case it was an industrial initial flurry of unwanted atten- machine. In the second case it is tion given to them, women fac- Each novel has a young Malay the political machine. tory workers eventually faded woman as its protagonist. The into the scene as the silent back- cover of each book has an appeal- And qualities of women needed bone of the economy. But Puteri ing art work. Each has an illus- for both instances? Not much dif- UMNO is meant to stand out tration of the heroine, inevitably ference —— discipline, obedience more forcefully. While members with good looks but caucasian and tolerance for long hours of are really recruited to mainly de- features. They are dressed in mod- meticulous one-on-one campaign- liver votes for the party, it is also ern attire. The central character is ing and grassroots mobilization. necessary for UMNO to give am- always of a young, brave, unre- Men, as usual, may not have the ple leeway to the new wing to lenting woman, undergoing the patience for such a laborious task. invent an image of the “New usual tribulations with family Malay Woman”. and love-lives. Much More Than A Cog The New Dew Of A New Dawn Malay Woman But Puteri UMNO was needed for Another more telling though much more than all of the above. Silent and subliminal propa- never linked issue of this sublimi- Forming a new women’s wing ganda has been going on to thrust nal propaganda to the story of with the purpose of drawing in this ideology into the Malay con- Puteri UMNO is the making of the more women supporters for sciousness. In the wake of Puteri film, Embun. Is it any wonder that UMNO will deal a blow to PAS. UMNO’s formation, novels have Erma Fatima the film’s director PAS’s policies are most easily been churned out to construct this was also an erstwhile committee challenged when it comes to wom- image of the new woman. Some- member of Puteri.? And is it any en’s rights. time early of this year, there was a wonder why it is being sponsored report in the papers, side-by-side by the government? Puteri UMNO was to serve as the on news of Puteri UMNO’s activi- contrast to PAS’s notion of women ties that a lengthy 1000-page Forget about the historical distor- within the party. Instead of treat- novel was released. The title of the tion of the film. The subtext this ing women as silent workers of novel, said to be the longest book time is not the rewriting of the the party, UMNO would be the op- written in Malaysia was Bukan Japanese Occupation. It’s not an posite of PAS. Young women Puteri Lindungan Bulan, written by oblique way at hitting out at the within UMNO would even be the a writer by the supposed name of by-now-almost-history Look East beacon of its reform agenda. Liana Afiera Malik. Policy. The portrayal of Japan or Japanese soldiers is a non-issue Instead of ‘scaring away’ women The title is hardly subtle, with in the film, acting as an almost by stern Islamic reprimand, Puteri “Puteri” to mean female offspring meaningless ploy to prop up its UMNO would present itself as the or daughter of “Bulan” which main theme. caring face of freedom for women. mean many things but closest to . Instead of having women on the today’s politics now, is surely It is Embun, “dew of the morning”, sidelines as PAS does, Puteri none other than PAS. And the term the female protagonist that mat-

Aliran Monthly : Vol.22(8) Page 5 ters. The message is simple, if not the campaigns. As to be expected The survival of chosen leaders simplistic. She is brave. She is a they had become the easy target within Puteri UMNO is highly fighter. She is a heroine. And she of male ridicule, taunts and sexual dependent on the patronage is not necessarily a self-sacrific- harassment. and patrimonial support of ing mother. In an Embun of the party leaders. Members were re- imaginary past, one sees the work- Puteri UMNO was additionally cruited based on the temporal ings of a reconstruction – the un- accused of unlawfully recruiting appeal of feel-good pro- earthing of the new Malay woman female university students. grammes, namely charity work, for the future. Whether this allegation is true or education and health-related not was never clarified by the grassroots activities. There is a But is the message clear and is the wing. mismatch between its exhorted propaganda having its effect? It principle of uplifting women may have, if not for the fact that Father’s Daughter with its pragmatic task of reviv- Puteri UMNO has proven itself to ing UMNO’s ethnic-centred le- be all sound and fury but signify- And now, as the election nears one gitimacy. ing nothing new. sees an amusing similarity to the kind of bitter campaigning that But most of all, as women thrust The Cracks used to plague the UMNO of be- into the limelight, they are not fore (that is before the party lead- immune to naked ambitions and For one thing, Puteri UMNO has ers declared a no-contest rule for the temptation of high office and already taken on the form of the the top two posts). power. To put it blatantly, the pe- party it is supposed to reform. Al- cuniary gain that could emanate though the potential of this new One awaits as to whether Puteri from being propelled into the wing was encouraged by suc- UMNO may still be able to live up “right” party has always held cesses of its involvement in sev- to its expectation of injecting a sway, and in a gender-blind way eral by-elections, particularly the new reform politics within too. Indra Kayangan by-election in UMNO and that it could ever be Perlis, the cracks appeared quite the answer to women’s woes to- Subordinate Players soon after that. day. It would seem that UMNO party No sooner was Azalina slan- But Puteri UMNO was originally politics is still limiting for women. dered by an infamous writer of conceived to function as vote- It takes little intelligence to sur- being a lesbian, Puteri UMNO mobilizers for the party. It was not mise that genuine empowerment was shaken by a number of resig- meant to be a feminist movement. for women will not be found on nations and the sacking of a con- Although its propaganda in en- the political terrain of the party. siderable number of its central visioning a new Malay woman Till today, women don’t make the committee members. Prominent may have shades of proto-femi- party, the party makes them. among whom were Erma Fatima nism, its substantial philosophy Women only aspire to become sec- and Wan Mastina Hamid, one of is not. ondary players and get subordi- the present contenders in the com- nated for it too. ing election. It is not an autonomous move- ment created out of an organic stir- And what does the Puteri UMNO And the reasons? The usual ac- ring among young women episode reveal? Nothing much, cusation of abuse of power, mis- marginalized by an authoritarian, beyond what has already been appropriation of party funds, de- male-dominated system. The ar- concluded above. But the peren- ception and chicanery. By July chitects of Puteri UMNO were nial subject of the Malay dilemma when the Kedah by-elections for male party elders, not even women has been compounded — by a the Anak Bukit and Pendang within the party. Its source of fund- hollow attempt at the reconstruc- seats were being held, Puteri ing and activities were decided by tion of the new Malay woman UMNO had lost its verve. The a top-down, and hardly account- through the workings of UMNO young women were ineffective in able leadership structure. politics-as-usual.q

Aliran Monthly : Vol.22(8) Page 6 ISA Federal Court Ruling Defies Logic The purpose of detention is to investigate, determine and produce evidence to justify such detention

hat could have been not possible. Section 73(1) must to enable the police to conduct fur- hailed as a laudable yield incriminating evidence to ther investigations regarding the WWW landmark decision fell satisfy the Minister to make an appellants’ acts and conduct short where it mattered order that a person be detained for which were prejudicial to the se- most. The Federal Court, though any period not exceeding two curity of Malaysia”. The Federal unanimously ruling on Septem- years. The sole purpose of Section Court ruled that “their detention ber 6 that the initial 60-day deten- 73(1) is clearly to establish the was merely for intelligence gath- tion of five opposition leaders on basis for the subsequent two-year ering which had no link with na- April 10 last year under Section detention under Section 8(1). tional security”. 73(1) of the Internal Security Act (ISA) was unlawful and in bad The Minister simply cannot make The Federal Court found “much faith, did not order their release. an order based on a subjective force in the contention of the notion that a person is a danger learned counsel for the appel- It defies logic and disturbs our to the security of the country. The lants that the detentions were for conscience that the Bench should Minister must be satisfied that the the ulterior purpose and uncon- conclude that it had no power to detention of any person is neces- nected with the national secu- decide whether the subsequent sary and he can only come to this rity”. Having found so much two-year detention order by the conclusion based on the outcome damnable and damning evi- Minister under Section 8(1) of the of the investigations carried out dence - that the detentions were ISA was, as a consequence, un- under Section 73(1). for the ulterior purpose and un- lawful. It is baffling that they connected with national secu- should advise the appellants to Section 73(1) states:Any police of- rity - which does not support or file another habeas corpus appli- ficer may without warrant arrest justify an order under Section cation. Anyone with any sense of and detain pending enquiries any 8(1), it is mystifying and totally justice must be wondering how it person in respect of whom he has devastating for the Federal is possible for the initial detention reason to believe - Court to decide that “it had no to be unlawful and the subsequent power to decide whether the one to be lawful. They will be ask- (a) that there are grounds which two-year detention of the appel- ing why there is a need for further could justify his detention under lants as ordered by the Minister adjudication when the initial de- Section 8 .. under Section 8(1) was, as a con- tention was unlawful and in bad sequence, unlawful”. faith. It is very clear that the purpose of detention under this Section is to It is not without merit that the lat- Is it not true that the initial 60-day investigate, determine and pro- est Aliran Monthly carries a back- detention set the stage for the two- duce evidence to justify such de- page article entitled, “Is there hope year detention order? Is it possi- tention under Section 8. in our judiciary”. q ble to serve a two-year detention order without a person having The Federal Court’s finding is that P Ramakrishnan been detained under Section “the detention was not for the President 73(1)? It is our contention that it is dominant purpose of Section 73 - 10 September 2002

Aliran Monthly : Vol.22(8) Page 7 ISA All-Out War ISA Detainees And Families Declare War On The Government

FAC News Sep 16 clean”. Prison Wardens Personally Liable On Friday, 6 September 2002, Ma- Well, the ISA detainees and their laysia’s Federal Court ruled that families are not about to allow the Further to that, a list of names of the Internal Security Act (ISA) de- court and arresting authorities to all the police officers and tentions of the Reformasi activists hide behind this technicality. To- Kamunting Detention Camp war- are illegal and went against the day, they are going to fight back, dens are being compiled. These are Constitution. The court also said, and fight back hard. Today, they all the people involved in the ille- denying the ISA detainees access are declaring war on the govern- gal arrest and detention and con- to legal counsel plus not inform- ment. tinued detention of the ISA detain- ing them of the reasons of their de- ees who will be sued for damages tention violated their rights as en- From today, an intensive cam- in their personal capacity. The shrined in the Constitution. paign is going to be launched to police officers and prison war- secure the release of the detainees, dens are going to be held person- What was even more embarrass- and they are not taking “no” for ally liable for the continued deten- ing for the government was the an answer. tion of the ISA detainees and dam- court’s ruling that the Reformasi ages will be sought activists were NOT a threat to na- At 12 noon today, a police report tional security as claimed, and will be lodged by the ex-ISA de- It is believed one of the police of- that no evidence was offered to tainees and the family members ficers has since died, but he will support this claim. The govern- of the detainees against the In- not be let off the hook as a claim ment was also taken to task for its spector General of Police, Norian will be made against his estate, “bad faith” in arresting the activ- Mai, for wrongful arrest and de- whatever he may have left his ists. tention. The police report would family. be made at the Dang Wangi Po- The court then ordered their im- lice Station at Jalan Campbell. If the Malaysian courts do not al- mediate release though, in the low this suit, then legal action same breath, it declared there was Tomorrow, at 11.00am, a Memo- may be taken in an International a technical problem involved be- randum will be delivered to the court instead, however long it may cause the detainees, who were Minister of Home Affairs and take. It is believed that the US as a originally detained under Section Deputy Prime Minister, Abdullah law that allows foreign nationals 73 of the ISA, are now being de- Ahmad Badawi, demanding the to seek redress against their home tained under Section 8. release of the detainees. The government or illegal acts against Memorandum will be delivered to its citizens such as arrests and de- A Political Ruling Parliament. tentions. Some foreign nationals who have resorted to such legal In short, the court made a politi- At 2.00pm the same day, another action have been known to have cal ruling and threw the matter Memorandum will be delivered to won their case. back to the political masters to re- the Human Rights Commission solve thus “keeping its hands of Malaysia (Suhakam). Continued on page 10

Aliran Monthly : Vol.22(8) Page 8 ISA

So, Why Are We Still Waiting? When are the ISA detainees going to be set free?

week has passed since The highest court in this land has AAA last Friday, 6 September spoken. We, the ISA detainees, ex- AA 2002, when Malaysia’s detainees, and family members of highest court, the Fed- the detainees, now have only one eral Court, ruled that the Internal question to ask the Government, Security Act (ISA) detentions of “So, why are we still waiting?” the Reformasi activists are illegal When are the ISA detainees going and violates the very fabric of the to be set free from their illegal de- Constitution of this great country tention to once again rejoin soci- of ours. ety and be with their loved ones?

A week has passed since this same The Government court ruled that the police had no Acted Illegally grounds for detaining Ezam Mohd Nor, Saari Sungib, Tian The Government alleges it Tun Mohd Dzaiddin : Held that the Chua, Hishamuddin Rais and clamped down on the Reformasi detention of the Reformasi activists under Raja Petra Kamarudin, that there activists because they had acted the ISA was for an ulterior purpose. was no evidence they had com- illegally and tried to topple the mitted any crime; that they are not government outside the Constitu- tional security, the interrogation a threat to national security, and tion. Now, the Federal Court has conducted on them was focused that the police, in its Affidavits in ruled it was the government that on their political activities and Reply, offered no proof to support acted illegally by detaining them. was merely an intelligence gath- the allegation. The Reformasi activists, in the ering exercise, and that the detain- opinion of the court, were inno- ees were not interrogated for any A week has passed since the court cent of any crimes. militant activities, nor were they ordered the immediate release of questioned about possessing ex- the five but, in the same breath, In no uncertain terms, the Chief plosive materials and dangerous said it was powerless to enforce Justice, Tun Mohamed Dzaiddin weapons. this ruling due to a technicality, Abdullah, held that the detention as four of the five detainees are of the Reformasi activists under Rais Yatim, the Minister in the now being detained under an- the Internal Security Act were for Prime Minister’s Department, other Section of the same Act. an ulterior purpose and totally Malaysia’s De Facto Law Minis- unconnected with the national ter, said, “The authorities, includ- Malaysia’s Federal Court, so as security of this nation. ing the police, should be prepared not to antagonize the powers-that- to remedy shortcomings reported be, made a “political ruling”. The The Chief Justice added, despite by the courts in their judicial find- court, in side-stepping its respon- the 10 April 2001 press statement ings, while respecting and abid- sibility, and in keeping its “hands by the Inspector-General of Police, ing by the decisions of the Bench.” clean,” has thrown this matter Tan Sri Norian Mai, that the back to the political masters to re- Reformasi activists were detained Rais Yatim added, “If the judicial solve. because they were a threat to na- finding shows that there is proce-

Aliran Monthly : Vol.22(8) Page 9 dural or technical default, the au- had been declared unjustified by Continued from page 8 thorities, such as the police, ought the Federal Court, there was there- to change shortcomings and tech- fore no longer any valid ground Some US lawyers have offered nical faults found by the court to for the government to continue their pro bono service to the ISA be inoperative or faulty.” their detention. detainees just to teach the Malaysian Government a lesson “I believe this is the best recourse. Mah went on to say, “The Bar and this would certainly be a case It is a simple principle that should Council is further of the view that to watch. Whether the US court be respected by all,” argued Rais a speedy, unilateral decision to verdict is enforceable in Malaysia Yatim. release the detainees by the Gov- or not is another matter as it would ernment following the decision of be a moral victory for human Rais Yatim then went on to say the Federal Court is not only the rights and the ISA detainees, plus that the Federal Court’s decision legally proper course of action, but those sued would not be able to should be respected by the people also necessary to demonstrate the leave the country as they could be and the Government as the Fed- Government’s continued commit- nabbed in any country they go to eral Court had all the grounds to ment to the Rule of Law in this that recognises the judgment. make such a decision, adding, country.” “We concede that the judicial Hmm….a Deputy Prime Minister finding ought to be respected and Mah then added that non-compli- cum Home Minister who cannot precautionary measures be taken ance of the Federal Court’s ruling leave Malaysia…that would be by the authorities to revamp its would only render the decision neat! procedures and pay attention to academic and that the council details in respect to detentions welcomed the ruling that the test The four written judgments of the under the ISA and the Emergency for Section 73 of the Internal Secu- Federal Court have already been Preventive Ordinance 1969.” rity Act was not a subjective but complied and will be sent to all rather an objective one. embassies and foreign missions Heed Advice Of in Malaysia who will be asked to Suhakam “Detaining authorities cannot help put pressure on the continue to arbitrarily arrest and Malaysian Government to release The Chairman of the Human detain persons on general, unsup- the ISA detainees. Rights Commission of Malaysia ported claims of them being a (Suhakam), Abu Talib Othman, threat to national security,” ar- Some other action is also being strengthened this further by say- gued Mah. planned which cannot be re- ing that the Federal Court deci- vealed yet but will be aimed at sion was a lesson for detaining au- These are but a few statements embarrassing the government if it thorities and that he hoped the from “people in authority” continues to detain the Reformasi police would heed the advice of which the government cannot activists. One such action could the Federal Court judgment. but heed. To continue detaining be a “strike” called by the ISA de- the Reformasi activists on what tainees and their family, the exact Malaysia’s Bar Council, known to the Federal Court has ruled as nature of the strike will be an- walk the middle road and steer illegal detention would not only nounced later. clear of political controversies, make a mockery of the court rul- even had the courage, for once, to ing, but of Parliament itself, for It is now all-out war, and the ISA ask the Government to immedi- it was Parliament that enacted detainees and their families will ately release all the Reformasi ac- these laws. q take no prisoners. q tivists. Internal Security Act Detainees, Source:Source:Source: In its media statement, its Chair- Ex-Detainees and http://www.freeanwar.com/ man, Mah Weng Kwai, said, since Family Members of Detainees june2002/facnews160902a.htm the initial detention by the police Friday, 13 September 2002

Aliran Monthly : Vol.22(8) Page 10 HUMAN RIGHTS You Are Expected To Deliver You represent a hope and that hope must not be dashed. by P Ramakrishnan

his is the third time that memorandum? The many issues under a deluge of documents and we are meeting with and concerns raised in that memo- memorandums submitted by so TTT SUHAKAM in the last 27 randum, were they addressed? For many Malaysians. But it means months. heavens sake what has happened that citizens are turning to you for to that memorandum? Don’t we redress, putting their faith and Our first meeting was on 15 May deserve to be told the status of that hope in this institution and look- 2000 when we handed in our first memorandum? Has any progress ing forward to some relief in this memorandum to SUHAKAM. been made? Does anybody remem- effort. Indeed, it is better that they This memorandum endorsed by ber the crucial issues raised in turn to you rather than turn away 31 NGOs, touched on a wide that memorandum and were they from you out of sheer frustration range of issues and concerns and found to be beyond the scope of and out of anger. spelt out very lucidly what was SUHAKAM? Surely we need to expected of SUHAKAM. know! If nothing comes out of these memorandums, then people will Then we met again for the second And what has happened to our begin to wonder is there any point time, exactly one year later on 14 second memorandum handed in in submitting memorandums? If May 2001 when we handed in fifteen (15) months ago? Did it that happens then you lose your our second memorandum. This suffer the same fate as the first moral right to exist, and that memorandum, endorsed by memorandum? would be a pity. Aliran, Hakam and Suaram, focussed on the ISA and high- We need to know whether the It is our common tragedy that lighted the perennial abuses of memorandums submitted have since the inception of SUHAKAM, this obnoxious piece of legislation served some purpose or were they the state of human rights in this which is applied ever so fre- a waste of our precious time? country, instead of improving, has quently to target opposition poli- deteriorated considerably. Indeed, ticians and honest critics of the We are conscious of the fact that human rights is deep in the government. SUHAKAM must be drowning dumps.

This meeting took place the month following the detention of ten (10) citizens under the ISA, six (6) of whom are still languishing in Kamunting. Let me emphasize that these are innocent victims of a repressive government which has shamelessly used the ISA, again and again, to perpetuate its power.

After twenty seven (27) months, I think that it is legitimate to ask what has become of the first

Aliran Monthly : Vol.22(8) Page 11 Let me enumerate some of these parties can’t hold their nary action to be taken against the instances of violations of our fun- ceramah but the BN can hold guilty policemen. It should have damental rights: its mammoth gatherings “to publicly called for such action. It 1 ) It is ridiculous that you can’t thank the prime minister” who would have sent a clear signal to disperse peacefully, as re- is not due to retire until Octo- other policemen to behave them- quired by the police, without ber 2003. selves. being arrested as happened to forty eight (48) Malaysians The list can go on. But the point is SUHAKAM should be seen wher- who had gathered orderly at we are not allowed even simple ever an abuse takes place. Re- Kamunting in October 2001 to basic human rights such as to cently three citizens died sepa- observe the 14th Anniversary think freely, to walk peacefully, to rately under police custody of Operation Lalang. communicate meaningfully and to within a short span of time. What 2) It is ridiculous that you can’t obey the police respectfully. role did it play? communicate with the public by freely distributing pam- Under these circumstances, the We are not unmindful of the fact phlets without being arrested niggling and nagging question is: that you lack personnel. Only fif- by the police, as had happened What should SUHAKAM do? teen (15) Commissioners have in the case of Lim Kit Siang and been appointed when the Act al- DAP leaders. It is a matter of regret that lows for twenty (20) to be ap- 3) It is ridiculous that you can’t SUHAKAM doesn’t seem to real- pointed. Perhaps it is time for walk for peace peacefully with- ize the tremendous moral author- SUHAKAM to ask for the maxi- out being harassed and har- ity it has at its command. This mum number of Commissioners ried by the police, as had hap- moral authority must be brought to serve effectively. pened on May Day 2002. to bear on the government to pro- 4) It is ridiculous that you can’t tect, preserve and extend our hu- In this distressing moment and think differently or differ from man rights in the country. troubling times, there is a great the government’s view with- need for SUHAKAM to re-estab- out being threatened with the SUHAKAM must be proactive lish itself as an institution truly use of ISA, as is happening in and not reticent. concerned with human rights. the controversy concerning Honorable Commissioners, you the teaching of Mathematics It produced an excellent report on represent a hope and that hope and Science in English. the Kesas Highway and conclu- must not be dashed. 5) It is ridiculous that court ver- sively stated that the police used dicts are not respected by re- excessive force. Its moral author- You will have to convince us that arresting under the Emergency ity was accepted in this case with- you care and that you will make Regulation those who were out question by the citizens. the difference. Having accepted freed by the court, as it contin- your appointment, you are ex- ues to happen. But it should have gone further. It pected to deliver. 6) It is ridiculous that political should have pressed for discipli- In the mean time, let us all be re- minded, guided and inspired by that great saying:

“Be ashamed to die unless you have won some victory for human- ity”. q

The above is an address by P. Ramakrishnan, Presi- dent Aliran at the meeting with Suhakam on 19 Au- gust 2002.

Aliran Monthly : Vol.22(8) Page 12 HUMAN RIGHTS We Will Be Vigilant NGOs end 100 days of disengagement with SUHAKAM

n 4 May 2002, the coali- of Malaysia Act 1999 (“the Act”) OO tion of 32 NGO’s issued which states that: OOO a joint statement that we would for a period of one 1 . The Commission shall not later hundred (100) days from the com- than the first meeting of Parlia- mencement of the second term of ment of the following year, sub- SUHAKAM on 24 April 2002, sus- mit an annual report to Parlia- pend engagement with the Com- ment of all it activities during the mission. year to which the report relates. 2. The report shall contain a list of violations over the 100 days in The reasons for the stand taken all matters referred to it, and the respect of which investigations by are specified in that statement. We action taken in respect of them to- SUHAKAM have either not com- put on record that the concerns ex- gether with the recommendation menced or are pending relate to: pressed in our statement remain. of the Commission in respect of In fact, during the 100 days, there each matter. • the death of two youths while has been no positive change in the under police custody. state of human rights in the coun- Since the Report was not tabled in • the use of sedition law and vio- try. the June sitting of Parliament, we lation of the right of free speech can only hope this will be done in and expression when the po- There has been no positive change the next sitting of Parliament. lice arrested DAP Chairman in the indifference of the govern- Lim Kit Siang and raided DAP ment towards SUHAKAM, nor a Over the 100 days, we acknowl- offices for distributing leaflets response from the government to edge that SUHAKAM has to some relating to the issue of the any of the SUHAKAM reports, extent discharged its education “Merdeka Constitution” and namely, the Annual Report 2000, function positively. In particular, the “Islamic State”. the Kesas Highway Inquiry Re- the Human Rights Training • the executive control of and re- port and the Report on Freedom Workshop for Senior Police Offic- strictions on the media of Assembly. ers and the announcement of the • the disciplinary action taken forthcoming workshop on Press against students in Universi- For example, on 19 June 2002, Freedom and Conference on Hu- ties for making a formal com- Parliament rejected two motions man Rights and Education. plaint to SUHAKAM about from parliamentarians to debate election irregularities in the human rights issues arising from However, we wish to state that institutions of higher learning. SUHAKAM’s Annual Report 2001 while SUHAKAM’s educative (An appendix listing other serious submitted to Parliament. We in function on human rights issues human rights violations was in- fact expected the Minister of For- cannot be overstated, their all im- cluded) eign Affairs himself to table a mo- portant investigative role into hu- tion in Parliament to debate the man rights violations and recom- We have also witnessed the high- statutory report. mendations to protect and pro- handed and aggressive dispersal mote human rights in the country of this year’s May Day march and One can only wonder what is the is sadly lacking. the resulting arrest of 17 peaceful purpose and purport of Section 21 demonstrators by the police. In (1) of Human Rights Commission Some of the serious human rights contast to SUHAKAM’s previous

Aliran Monthly : Vol.22(8) Page 13 cause SUHAKAM had failed to in- quire despite repeated requests and demands to do so. We con- sider this a reflection of SUHAKAM’s lack of courage and conviction to confront “difficult” human rights issues. This is a fail- ure to fulfill its statutory role to protect and promote human rights in the country.

It is clear that SUHAKAM needs to do much more if the dire situa- tion of human rights is to be re- versed.

SUHAKAM's high point was in producing the commendable Kesas Highway We realise that there are many Inquiry Report pressing issues to be addressed. monumental and commendable and misuse against alleged crimi- We are conscious of the need to Kesas Highway Inquiry Report nals and political dissidents, its move ahead and challenge and the Freedom of Assembly Re- arbitrariness, the physical and SUHAKAM to live up to its obli- port, the failure of the new com- psychological oppression and tor- gations under the Human Rights missioners to react to these abuses ture during the initial 60 days of Commission of Malaysia Act stand out starkly as a terrible blot. solitary confinement and the sub- 1999, i.e. to promote and defend jective executive power to impose human rights without fear or fa- With regard to the ISA inquiry from repeated renewable two-year de- vour and at all times. 18 to 20 June, the scope and man- tention orders. However, we note ner in which the ISA inquiry was that during this inquiry, there We also like to draw Suhakam’s conducted also left much to be were no restrictions on the testi- attention to the first NGO Memo- desired and did not live up to its monies of the detainees pertain- randum handed in on May 15, promise. ing to the condition of detention 2000. This memorandum touches at the centre and the detainees on many concerns and spells out In the press statement dated 15 were free to recount the abuses very lucidly what is expected of April, it was stated very forth- suffered by them while in the Suhakam. rightly that SUHAKAM: “will con- hands of the police. But by limit- duct an inquiry into the complaints ing the scope of the inquiry, We take this opportunity to re- raised in the memorandum of 10 Suhakam in effect excluded the six mind SUHAKAM of the following April 2002 (by Gerakan Mansuhkan Reformasi detainees, who had points raised in that memoran- ISA and Barisan Alternatif) and all wanted the scope to be broader as dum. previous memoranda submitted in re- SUHAKAM had promised in its lation to the six Reformasi detainees”. press statement. First, SUHAKAM should immedi- ately and seriously impress upon SUHAKAM, acting contrary to Further, we regret that the government to carry out the this pledge, decided to limit the SUHAKAM used the excuse of the following actions: inquiry to the condition of deten- lawsuit filed in court against it to tion at the Kamunting Detention compel it to inquire into the • Parliament should amend Centre. This prompted the six Kampung Medan incident, which HRCMA 1999 to bring the Reformasi detainees to shun the resulted in six deaths and about a ‘Malaysian definition of hu- inquiry as fundamental issues hundred injured, to justify its re- man rights’ in line with uni- pertaining to the ISA could not be fusal to inquire further. In fact the versally recognised human addressed, for example its abuse suit was filed in the first place be- rights standards.

Aliran Monthly : Vol.22(8) Page 14 • The Government should ratify lations of human rights, the various UN covenants and among other things, by: international instruments re- • attending promptly to lating to human rights. complainants and in- • Parliament should annul the forming them of four proclamations of states of Suhakam’s decision and emergency, and, plan of action • Parliament should review • helping complainants harsh and coercive statutes, do what is necessary to and repeal entire laws or rel- lodge complaints and re- evant portions of pertinent ports of human rights in- laws, so as to guarantee fringements and viola- Malaysian citizens the broad- tions, and, est range of human rights as • recommending remedial contained in the Universal action as soon as it is Declaration of Human Rights clear that complainants and other related international require redress or assist- instruments. ance that cannot await a protracted investigation Second, SUHAKAM should be Parliament should review harsh and mindful of what the public expects 3. Transparent in its pro- coercive statutes of it, as enunciated in that memo- ceedings so as to ensure: randum. It should be: • that ‘justice is done and seen to be done’ in cases of and activities so that SUHAKAM 1. Accessible to the public, and human rights violations will: particularly to victims of infringe- • the highest possible level of ex- • of its own volition conduct ments of human rights, by vari- posure of human rights in- inquiries into human rights ous means, including: fringements infringements and viola- • maintaining an open working • an increased public awareness tions environment that encourages of the need and the means • retain an active stance and not regular interface with the pub- available to check the erosion end up as a passive repository lic of human rights in the coun- of complaints • adopting informal and flexible, try, and, • demonstrate an independent not bureaucratic or legalistic, • the widest possible mobiliza- scope of action, free of Govern- guidelines for making and tion of public support in de- ment prompting, priority or lodging complaints of human fence of human rights position, and, rights violations • take the lead in protecting hu- • decentralising its structure to 4. Accountable in its judgments man rights prevent SUHAKAM from be- and findings in order to establish: coming just a Peninsular Ma- • proper bases and precedents It is under these circumstances laysia- or Kuala Lumpur-cen- for understanding and dealing that we hope to engage our- tric institution, and, with human rights violations selves with SUHAKAM in our • devolving its power so that • clear criteria for reviewing continuing struggle for human SUHAKAM can more quickly and/or appealing decisions rights. and effectively reach particu- taken on cases of human rights larly vulnerable sectors of infringements, and, We will continue to be vigilant Malaysian society which are • consistency in abiding by uni- and speak out without fear or fa- often found at grassroots level versally recognized human vour whenever there is any viola- rights standards tion of human rights. q 2. Responsive to complainants who report infringements and vio- 5. Pro-active in its investigations 2 August 2002

Aliran Monthly : Vol.22(8) Page 15 INTERNATIONAL Fundamentalism The Enemy of All Civilized Humanity RAWA Statement on the anniversary of the September 11 tragedy

AWA joins with the rest warlordism have RR of the civilized world in been eradicated in RRR remembering the inno- Afghanistan. There cent lives lost on Septem- is neither peace nor ber 11th, as well as all those oth- stability in this tor- ers lost to terrorism and oppres- mented country, sion throughout the world. It is nor has there been with great sadness that RAWA any relief from the sees other people experiencing the scourges of extreme pain that the women, children pauperization, and men of Afghanistan have prostitution, and long suffered at the hands of fun- wanton plunder. damentalist terrorists. Women feel much Immediately after the September more insecure than in the past. For ten long years the people of 11 tragedy American military The bitter fact that even the per- Afghanistan -Afghan women in might moved into action to pun- sonal security of the President of particular- have been crushed ish its erstwhile hirelings. A cap- the country cannot be maintained and brutalized, first under the tive, bleeding, devastated, hungry, without recourse to foreign body- chains and atrocities of the pauperized, drought-stricken and guards and the recent terrorist acts “Northern Alliance” fundamen- ill-starred Afghanistan was in our country speak eloquent vol- talists, then under those of the bombed into oblivion by the most umes about the chaotic and ter- Taliban. During all this period, advanced and sophisticated rorist-ridden situation of the coun- the governments of the Western weaponry ever created in human try. Why is it so? Why has the thun- powers were bent on finding history. Innocent lives, many more derous uproar in the aftermath of ways to “work with” these crimi- than those who lost their lives in September 11 resulted in nothing? nals. These Western governments the September 11 atrocity, were did not lose much sleep over the taken. Even joyous wedding gath- For the following reasons which daily grind of abject misery our erings were not spared. The RAWA has reiterated time and people were enduring under the Taliban regime and its al-Qaeda again: domination of these terrorist support were toppled without any bands. To them it did not matter significant dent in their human 1 . For the people of Afghanistan, so very much that human rights combat resources. What was not it is “out of the frying pan, into and democratic principles were done away with was the sinister the fire”. Instead of the Taliban being trampled on a daily basis shadow of terrorist threat over the terrorists, Jihadi terrorists of in an inconceivable manner. What whole world and its alter ego, fun- the “Northern Alliance” have was important was to “work damentalist terrorism. been installed in power. The with” the religio-fascists to have Neither Peace Jihadi and the Taliban funda- Central Asian oil pipelines ex- Nor Stability mentalists share a common tended to accessible ports of ship- ideology; their differences are ment. Neither opium cultivation nor the usual differences between

Aliran Monthly : Vol.22(8) Page 16 would mean the healthy upbringing or morbid end of the raison mind frame, but emanates from d’être of the back- their religio-fascistic ideological ing and support ex- world outlook. As long as such an tended to them by ideology exists, propped up by foreign forces pres- military forces available at its dis- ently dominant in posal, neither crazed misogyny the country. This nor a myriad of shameful social was the rationale evils associated with it can be behind RAWA’s eradicated. This is not a problem slogan for the over- that can be dealt with by the crea- throw of the tion of a “Ministry of Women’s Taliban and al- Affairs” nor by the presence of a brethren-in-creed. Qaeda through popular insurrec- couple of token women in high tion. Unfortunately, before such government positions. To hope for 2. For the past more or less twenty popular insurrection could come the attainment of freedom, democ- years, Osama bin Laden has about, the Taliban and al-Qaeda racy and equality within the had Afghan fundamentalists forfeited their positions to the framework of a corrupt, religion- on his payroll and has been “brethren of the ‘Northern Alli- based, ethno-chauvinistic system paying their leaders consider- ance’” without suffering any crip- is either self-delusion or hypoc- able stipends. He and Mullah pling decimation. risy - or both. Omar, together with a band of followers equipped with the Atrocious Violations We find no happiness in the fact necessary communication re- Of Human Rights that RAWA’s predictions in re- sources, can live for many gard to the consequences of the re- years under the protection of With their second occupation of domination of the “Northern Al- different fundamentalist Kabul, the “Northern Alliance” liance” have once again been bands in Afghanistan and Pa- thwarted any hopes for a radical, borne out. Those who claimed that kistan and continue to plot meaningful change. They are the “Northern Alliance” were bet- against the people of Afghani- themselves now the source and ter than, and therefore preferable stan and the rest of human- root of insecurity, the disgraceful to, the Taliban must wake up and kind. police atmosphere of the Loya apologise to our people for their Jirga, rampant terrorism, gagging noxious sermons. The establish- 3. The Taliban and the al-Qaeda of democracy, atrocious violations ment of democracy and social jus- phenomena, as manifestations of human rights, mounting tice can be possible only with the of an ideology and a political pauperization, prostitution and overthrow of fundamentalist culture infesting an Islamic corruption, the flourishing of domination as a prime precondi- country, could only have been poppy cultivation, failure of be- tion. This cannot be achieved with- uprooted by a popular insur- ginning to reconstruct, and a host out an organised and irreconcil- rection and the strengthening of further unlisted evils, too many able campaign of the women and coming to power of secu- to enumerate. masses against fundamentalism, lar democratic forces. Such a its agents and apologists. purge cannot be effected solely Oppression and crimes against with the physical elimination women are rife in different forms Some politically bankrupt entities of the likes of Osama and throughout the country. RAWA who have no shame in grovelling Mullah Omar. has always maintained that the to the “Northern Alliance” in the fundamentalists’ rabid hatred of hope of securing positions and The “Northern Alliance” can women as equal human beings - feathering their nests, label never sincerely want the total be they fundamentalists of the RAWA as “Maoist” and “radical” elimination of the Taliban and the Jihadi brand or of the Taliban one- because of our decisive and irrec- al-Qaeda, as such elimination is not due merely to their un- oncilable stances and viewpoints.

Aliran Monthly : Vol.22(8) Page 17 But does the current situation in ferno the peoples of the country prove the fallacy of Afghanistan, Iran, RAWA’s positions or do they give Algeria, Sudan and a slap in the face to the ladies and other such coun- gentleman with the penchant for tries live in. being colluding and mealy- mouthed? The assassinations of Fundamentalism is a vice president and a cabinet the mortal enemy of minister and the ban on investi- civilised humanity; gating these murders, the discov- to address it de- ery of mass graves, the banning of mands the consoli- women singers and artists and dated action of all showing of dancing on TV, the freedom-loving na- censorship of the media, arbitrary tions of the world. extend our heartfelt condolences fatwas of kofr and apostasy to all those who lost their loved against women, gang rapes of The present “world anti-terrorism ones in the savage calamity of Sep- even expatriate women working coalition” has been debased by tember 11, as well as to the friends for international NGOs, the dis- innumerable ambiguities and im- and families of those innocent gusting campaign of making an purities of purpose, motivation compatriots - for all we know, anti- idol out of Ahmad Shah Masoud, and objectives. The contradictions Taliban and anti-“Northern Alli- are these not enough to bring between world powers will spell ance”- who were blown to shreds home the realisation that indul- its doom. Therefore, it behoves by American aerial bombardment. gence and permissiveness to- anti-fundamentalist individuals We sincerely hope that a vast wards rabid dogs only serve to and organisations working for number of those who are bereaved make them more ferocious? social justice the world over to and grieving for their loved ones draw together without hesitation will, sooner or later, join the ranks The Vermin Of to contain and ultimately stamp of the legions mobilising against Fundamentalism out, once and for all, the vermin of fundamentalist fascism in their re- fundamentalism, so that the trag- spective countries and on an in- RAWA’s experience in fighting edy of September 11 will never be ternational level. fundamentalism, particularly repeated, neither in America nor during the past 10 years, moti- anywhere else. No to Al-Qaeda, No to the Taliban, vates us to be all the more persist- No to the “Northern Alliance”! ent in our attempts to mobilise RAWA takes pride in the fact that Long Live a Free, Democratic and women even in the most remote up till now we have been able to Blossoming Afghanistan! Victory corners of our country. At the same establish contact with a consider- in the Decisive War to the Very End time, we shall not desist from pur- able number of anti-terrorist or- of Afghan Women Against Funda- suing an irreconcilable policy to- ganisations on all five continents mentalism and for Democracy! wards fundamentalism and and enjoy their moral and mate- standing in solidarity with all rial support. However, for the pur- Long Live International Solidar- pro-democracy forces. We pose of waging a swifter and more ity Against Fundamentalist Ter- staunchly believe that in addition encompassing fight against ter- rorism! q to causing the tragic deaths of over rorism, it is necessary for such 3,000 innocent Americans and solidarity to be expanded and non-Americans and the sorrow strengthened. In this connection Revolutionary Association and bereavement of tens of thou- we shake the hands of all freedom- of the Women of Afghani- sands more, the monstrous terror- loving individuals and organisa- stan (RAWA) ist attack of September 11 showed tions. September 11, 2002 the world what a nefarious pesti- Home Page: lence fundamentalism is; it We would like to avail ourselves http://www.rawa.org showed the world the sort of in- of this opportunity to once again

Aliran Monthly : Vol.22(8) Page 18 Don’t Cry For Me thing. I respond by saying the Reformasi 1960s was still the best era in the history of the last century, a time My favourite scene from the mu- when conscientious kids rose to sical “Evita” - and I am talking face the “evil adults”. about the London West End play, not the Hollywood movie - is The 1960s was, after all, the era of the funeral scene of Eva Peron. To the Kennedy family. Jacqueline see the long line of mourners fil- brought glamour to the White ing past the open coffin of Eva House and the Kennedy clan be- with the backdrop song, “Don’t came the American version of the Cry For Me Argentina”, gave me European Royal Family. The goose bumps. Beatles introduced the Mersey sound to the world and the music I imagined myself as Che Guevara, revolution exploded like never the Marxist-Leninist revolution- seen before. In a mere couple of ary. I fantasized fighting against years, pop (popular) music the corrupt military regime-led reached new heights that the pre- class citizens and one need not be dictator, struggling for the people, vious 100 years could not emulate a closet Muslim, or apologetic for in pursuit of justice and freedom. even with Elvis and Rock-n-Roll. being a Muslim. Muhammad Ali Maybe that is why, until today, I made me feel proud to be Muslim. feel most comfortable with a beret I was not too religious then, the on my head, my “trademark” in result of an English upbringing, The 1960s was when I grew up. all those Internal Security Act but I did find religion in my mu- Eventually the 1960s left us, (ISA) photos that decorated Kuala sic and worshipped my pop idols though I did not leave the 1960s. Lumpur in April 2001 the days the way one would his Prophet. You can take the boy out of the after my detention. 1960s, but you cannot take the Muhammad Ali brought respect- 1960s out of the boy. Invariably, I The 1960s - The Best Of Times ability and showmanship to box- soon shed my old values in favour Some say I am still stuck in the ing, before this the sport of back of new ones, and even religion 1960s, an era when opposing the lanes and alleys. He introduced took on a new dimension for me. establishment and propagating a Islam to the world and showed us people’s revolution was the in that Muslims need not be second- I still miss the 1960s. I was young

Aliran Monthly : Vol.22(8) Page 19 then. I had no responsibilities. I the court minutes before Lokman heart revealed. challenged authority. I wanted to did. I had never known Fara be- change the world. And the 1960s fore. The first time I met her was “The government tricked them. was when Che Guevara and Eva after the ISA detentions in April The government made them think Peron lived and died. 2001. But she has never, in all this they were going home, then, a few time I have known her, sported a days before the date, they were I may be a romantic. I could even smile. Fara always looked so sad. told they are staying another two be nostalgic. But, till today, the She always had that distant look years. They are all so down. Their death scene of Eva Peron and the in her eyes. She was one tor- spirit is broken. I suppose this is song “Don’t Cry For Me Argen- mented wife who knew it would going to be our fate too.” Finally, tina”, my icon of the 1960s, still be some time before she would what Lokman kept suppressed in moves me to tears. have her husband by her side his mind forced itself out and again. there was nothing Lokman could The 1960s In Year 2002 do to hold it back. Lokman and Yesterday, I relived the nostalgia But yesterday Fara smiled. She his other four comrades are due of the 1960s. Yesterday I saw Eva never smiled before, but yesterday for release in June 2003. But Peron and Che Guevara all over she smiled. And, for the first time, Lokman knows this will not hap- again. Yesterday, I went to court I saw the real Fara. She looked pen. Lokman knows he is in for to see Lokman Noor Adam face lovely. Her smile was radiant. She the long haul. the court on a God knows what is one very pretty lady when she charge this time. Lokman is fac- has a smile on her face. Ezam Mohd Nor has already been ing so many charges that I have sent to prison for two years. He lost count. I no longer ask what She smiled at me. Then she turned would have served his sentence the charge is. I just go to court to and smiled at Lokman. But in 18 months time. But he will not see him and hear the court, yet Lokman looked down. He could be sent home. He will be sent back again, say, “Case postponed.” not look her in the eyes. If he was to Kamunting to join the others for And his case, this time, whatever to capture this smile and bring it another two years of ISA detention. that case may be, was postponed back to Kamunting with him, it to May 2003. would torment him in the days to Lokman knows this. His face re- come. vealed it. And his words proved I saw Lokman in the lockup be- it. hind the court. He was well- “The ISA detention for the Al dressed. His pants were certainly Maunah crowd has been ex- But this is the price one pays for too loose and, if not for the belt tended another two years,” opposing tyranny. This is what holding them up, he would have Lokman whispered into my ears. you get for standing up for democ- entertained us all to a striptease. “They were told they would be racy. This is your reward for striv- Lokman was half the size when released this week. They were all ing for justice. Lokman has no re- first detained in April 2001. God, high-spirited and packing to go grets. Fara has no regrets. Pain, has he lost weight! home. Then, a couple of days ago, yes. Hurt, certainly. Agony, abso- they were given a letter informing lutely. But no regrets. Lokman looked out of place in that them they are to be detained an- lockup shared with a dozen or so other two years.” The regrets may not be Lokman’s. other forlorn-looking people who It may not be Fara’s. But it is cer- were facing a variety of charges People Like This Do Not Cry tainly mine, though I have the involving theft. Lokman is a Lokman bit his lips to hold back luxury of going home at night to leader. Lokman is a political de- his emotions. Lokman is a war- be by my family. tainee. But Lokman was cellmates rior. He is a fighter. He is a with “real” criminals who looked Reformasi activist. People like this No One In Court like society had discarded them. do not cry. But what his tongue My regret is to see the look on would not say, his face showed. Lokman’s and Fara’s face as they Lokman’s wife, Farahin, entered What his words would not tell, his looked around the courtroom.

Aliran Monthly : Vol.22(8) Page 20 Their words did not say it, but Lokman’s eyes. They remained vealed that, in spite of all these their eyes did. There was no one tight-lipped but their looks said it efforts, Malaysia’s imports have in court yesterday. all. actually increased. Also, accord- ing to the EC Chairman, all politi- Oh, it’s not that the court was Then the song played in my head. cal parties, both ruling and oppo- empty. In fact, it was full - full of That song they played when the sition, are now in the import busi- prison guards, police officers, and mourners filed pass Eva’s open ness. Special Branch officers. They out- coffin. But it was not “Don’t Cry numbered the public two-to-one. For Me Argentina”. It was “Don’t And, the commodity imported? But there were none of “our peo- Cry For Me Reformasi”. Voters! ple” around. And I went home. And I told my This phenomenon is not confined Well, to be fair, I should not say wife. And my wife asked me, “Is it to just the opposition parties but “none”. Fara was there. So was worth getting arrested for?” And the ruling parties as well, said the Tan Soo Kow, a hardcore Reform- I had no words. EC Chairman. The Chairman, ist who even brought some food who obviously does not believe in and drinks for Lokman. As usual, I never have no words. I always ghosts, also said there is no such Pak Din, my fellow ISA detainee, have words. Even my Special thing as “phantom voters”. who would never miss a court Branch interrogators said they case, was waiting from the wee were amazed I always had the last Not Phantoms But Imports hours of the morning. Nasir Isa word. But yesterday I had no ”I would not like to call them phan- whom we call Nasir I.S.A. was words, only the song that played tom voters as they are not dead most certainly there - almost part on in my head. people. These are live people who of the court furniture as far as I are brought in from other constitu- am concerned. And, yes, Puspa, Don’t cry for me Reformasi encies, so I would call them im- the guy who carried a bag full of The truth is I never left you ported voters.” clothes to court during Anwar All through my wild days Ibrahim’s trial and got arrested on My mad existence The EC Chairman then, probably suspicion of carrying a bomb I kept my promise a slip of the tongue, confessed that turned up too. And Zah, my fa- Don’t keep your distance he had warned UMNO about this vourite bouncer lady - full-time, And as for fortune, and as for fame but UMNO did not heed his warn- self-appointed chaperone to Fara I never invited them in ing. That was why UMNO was - walked in looking, as usual, very Though it seemed to the world they caught off-guard in the recent menacing indeed. were all I desired . . . Anak Bukit by-election where it lost to PAS. But these are the “street guys” Q Q Q Q Q (and gals). These are the Reform- What is even more bewildering, ists. These are the people who are Malaysia’s Imports the opposition had been com- facing more “illegally assembly” Increase. Worries plaining of these “phantom vot- charges than you have fingers on Election Commission ers”, or imported voters”, or your two hands. Where were the ”what-you-want-to-call-them vot- leaders? Malaysia’s Trade and Industry ers”, for a long time now - ever Ministry is trying to discourage since Malaysia first held General Dato Kamarul was there. He is a imports and encourage exports. To Elections. But the EC had always leader. He is a National Justice achieve this, special incentives are denied their existence. Now, they Party Supreme Council Member being offered to export-oriented say they had warned UMNO and the Division Head for Subang businesses while heavy taxes are about it but UMNO would not lis- Jaya. But that was it. There was levied on imports. ten. Hmm, strange... no one else. A couple of days ago, Malaysia’s According to the EC, the four I looked at Fara’s face. I looked into Election Commission (EC) re- states identified as the most noto-

Aliran Monthly : Vol.22(8) Page 21 rious for what-you-want-to-call- encies. PAS said that BN is noto- a deputy minister. However, them voters are Kelantan, rious for bringing in outsiders to the money promised to the Terengganu, Pahang and Kedah. vote in selected constituencies in Abu Sayaf movement was Now, is it a coincidence that the the four states. never paid. So they entered opposition happens to be strong Sabah and kidnapped a cou- in those four states? It, in fact, won The Mentri Besar of Terengganu ple of people there, including two of these states, denied Barisan and Acting-President of PAS, Nasional (BN) a two-thirds ma- Ustaz Haji Abdul Hadi Awang, some foreign tourists, and jority in the third, and would prob- said, as an opposition party, PAS held them for ransom. ably give BN a run for its money has no power to either register or in the fourth if it is not careful. import voters from outside. Only Finally this deputy minister had the ruling party, BN, can do such to go to Southern Mindanao to The EC then said it would “clean things, as well as exert its influ- meet the Abu Sayyaf to negotiate out” the electoral rolls of these four ence over the EC. a settlement, much to the puzzle- states. Now, this is something the ment of the army that was won- opposition has been asking the EC As an example, said Abdul Hadi, dering how come a civilian was to do for a long time now. But why in the Rhu Rendang state constitu- involved in this whole affair. now? Why only when the oppo- ency which has a 100% Muslim sition is so strong in these States, population, the party detected a The Abu Sayaf should have just and why just these four States? number of non-Muslim voters turned the deputy minister into a casting their votes there during phantom and save the country a Suspicious, suspicious, suspi- the last general election. Further lot of problems. cious. It looks like the EC is trying to that, foreign nationals from to remove as many opposition Burma and Indonesia were also supporters as possible from the seen voting in Terengganu. electoral roll to give BN a “fair” chance to win these four states. This problem has been around for some time and this So Very Transparent method has been used every The Malaysian government may election. For example, in not be transparent, but the EC cer- Sabah, they brought in Mus- tainly is. They are so transparent lim voters from the Philip- you can see right through them - like someone walking around na- pines and Indonesia to kick ked. Who does the EC think they out the “Christian govern- are talking to? How insulting of ment” of Pairin Kitingan. them to think we are dumbbells Later, when Pairin won the and would swallow this crap - state, he kicked out all the by Raja Petra Kamarudin hook, line and sinker. Muslims and “re-imported” Source: www.freeanwar.com the Christians. Then, when he According to PAS, BN is the party lost the state, the Christian responsible for the “imported vot- voters were kicked out and ers” said to be rampant in the Muslims re-imported. Kelantan, Terengganu, Pahang and Kedah. It Is Rumoured ... PAS added that only the BN has It is rumoured that the Filipino authority and power over the EC, Muslim separatist group, Abu so only it can control the mecha- Sayyaf, supplied quite a large nism to transfer or re-register vot- number of Filipino Muslim ers’ names to the selected constitu- voters,thanks to the efforts of

Aliran Monthly : Vol.22(8) Page 22 Aliran In Dire Straits

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Aliran Monthly : Vol.22(8) Page 24 REGIONAL Military Regime’s Murderous Anniversary.

Perhaps there is a mis- sis and full of the junta’s corrup- understanding. Burma’s tion and U Aung May Thu is dead. TTT democratic movement Any public relations benefits the and the international SPDC gained with the release of community’s call for the release Daw Aung San Suu Kyi on May 6 of political prisoners in Burma, is have been squandered. The bellig- for the freedom of political pris- erent boys in green continue to oners ALIVE, not dead. make a mockery of civilized efforts for the democratization and rec- Altsean-Burma condemns the onciliation of Burma. For 14 years State Peace and Development the international community has Council (SPDC) for the death of played different cards but they political prisoner U Aung May can never beat the SPDC’s royal Thu. U ung May Thu died at 5pm straight flush. It is hard to win on Tuesday at Tharawaddy, a when the dealer cheats. hard labor prison in Burma. He had completed the 10-year prison U Aung May Thu’s imprisonment sentence imposed on him by the as a political prisoner was intol- SPDC more than 2 years ago, but erable and his death while in cus- continued to be incarcerated un- tody is inhumane. The people of all military hostilities and the dec- der Section 10(a) of SPDC’s law. Burma live in a jail where basic laration of a nation-wide cease- Foul play is suspected by the rights are denied and political ex- fire. SPDC as approximately 24 hours pression is brutally punished. before his death U Aung May Actions speak louder than words Transformation of the currently Thu’s family saw him in good and the SPDC’s message is that stalled secret talks into a genuine health on Monday, he died. they are not interested in demo- political dialogue. cratic transformation. September 18 marks the 14th an- September 18, 2002 niversary of the bloody coup in Therefore, we call on the interna- Statement by Altsean-Burma which the SPDC brutally usurped tional community to stop waiting basic freedoms and the rule of law for the regime to initiate positive from the people of Burma. The developments. Progress will only For more information: generals have “commemorated” be achieved with a firm, pro-ac- this anniversary with U Aung tive coordinated push by the in- A L T S E A N - B U R M A May Thu’s death, a signal to the ternational community. The inter- Alternative Asean Network on Burma world that in 14 years nothing has national community, including P O BOX 296, changed. Human rights abuses ASEAN, have a moral obligation Lardprao Bangkok continue unabated in ethnic na- to ensure that the SPDC takes im- 10310 THAILAND tionality areas, reconciliation mediate, concrete and irreversible Tel: 66 1 850 9008, talks have stalled, arrests for po- action towards: 66 1 686 1652 litical expression persist, over Fax: 66 2 693 4939 1,500 political prisoners remain The unconditional release of all imprisoned, the economy is in cri- political prisoners. Cessation of

Aliran Monthly : Vol.22(8) Page 25 REGIONAL Mahathir’s Meddling Not Welcomed Always criticising the West for interfering in the internal affairs of other nations. Dr Mahathir himself is accused by Burmese leaders of doing just that. by Kyaw Zwa Moe August 20, 2002. ruling State Peace and Develop- thoritarian governments.” ment Council, but also to the peo- alaysia’s prime minister ple of Burma. And these, in fact, Aung Naing Oo, a Burmese po- is only interfering in Bur- are our internal affairs.” litical analyst in exile, told The MMM ma’s ongoing reconcilia- Irrawaddy, “Mahathir, is not a tion process, say Burmese Mahathir warned reporters dur- democrat, it is certain that he will opposition leaders in and out of ing his two-day visit of the poten- not encourage democracy.” the country, claiming his totalitar- tial fallout a hasty democratic tran- ian views are not desired nor sition could have: “While we up- Sec-1 Lt Gen Khin Nyunt, how- needed. The heated remarks come hold democracy and would like ever, was quick to back up on the heels of Mohamad to see democracy practiced in a Mahathir’s slow vision of reform. Mahathir’s two day visit to Ran- country, we are also aware the Khin Nyunt told reporters yester- goon that ended yesterday, in process of change must be day, outside of a Burma-Malaysia which the Malaysian dictator ad- gradual. We know from experi- technology conference, “Such vised the country’s military regime ence it is not easy to handle de- transition cannot be done in haste not to rush the country’s pending mocracy. If we do not know how and in a haphazard manner. The democratic reforms. to handle it we will end up with world is full of examples where a anarchy.” hasty transition from one system U Khun Tun Oo, chairperson of to another has led to unrest, in- the Shan National League for De- Prominent Shan intellect and aca- stability and even failed states.” mocracy, yesterday told the Wash- demic Chao-Tzang Yawnghwe ington-based Radio Free Asia said Mahathir’s road to reform The Malaysian prime minister (RFA) that Mahathir’s intrusion does not jibe with the country’s has long been a supporter of Bur- into Burma’s political affairs is un- opposition movement. “I think ma’s military regime. In 1997 he warranted and outside of his ju- Mahathir is pushing for change led the charge to have Burma ac- risdiction. or dialogue in Burma in his way,” cepted into Asean. He is known says Chao-Tzang “But his defini- to have significant influence over In reference to the Malaysian tion for democracy is not ours.” the regime, and is also thought to prime minister’s remarks that have persuaded them into recon- Burma’s transition to democracy Similar sentiments were voiced ciliation talks with opposition should be both slow and gradual, from other leading Burmese politi- leader Aung San Suu Kyi, which U Khun Tun Oo said: cal analysts. A Rangoon-based began almost two years ago. The political observer said: “It does not contents of that dialogue have not “[Mahathir] should not have com- surprise me that Mahathir and been disclosed. This was his third mented on that, particularly, at the junta have the same opinion visit to Burma. q this delicate moment. What he on the establishment of democ- says is not only insulting to the racy, because both represent au- Source: www.irrawaddy.org/news

Aliran Monthly : Vol.22(8) Page 26 BOOK REVIEW The Myth of Self- Regulating Markets John A. Miller

Malaysian Eclipse: Economic periment with capital controls. Anwar he saw was in command Crisis and Recovery That experiment made Malaysia of the economic issues and open Jomo K. S., editor and Dr Mahathir Mohamad ob- to criticism. Shortly after, Anwar London and New York: Zed jects of derision in orthodox finan- announced policies intended to Books, 2001 cial circles but a champion for oth- reflate the economy, a move that ers seeking an alternative to finan- Jomo himself advocated. Anwar, Joseph Stiglitz, the Nobel-prize- cial-market-dictated economic Jomo argues, had been no more an winning former chief economist of development. advocate of privatization than the World Bank, calls the 1997 Mahathir who had championed East Asian economic crisis “the Independent privatization since the 1980s. In most dramatic illustration of the Analysis fact, Anwar had administered failure of self-regulating markets.” Malaysia’s 1994 exercise in capi- Malaysia’s experience of that cri- Malaysian Eclipse is critical of the tal controls, and when the 1997 sis and its imposition of capital free-market ideology of the IMF, crisis began, Anwar had favored controls which attacked the myth the U.S. Treasury, and the econom- smaller cuts in the government of self-regulating markets form the ics profession. Yet the book is also budget than those Daim core topic of Malaysian Eclipse. damning of Mahathir’s con- Zainuddin wanted. spiracy theories and self-serving Malaysia is well suited for the rhetoric of economic nationalism, Ills Of Financial study of the effects of financial lib- frank in assessing the limits of Liberalization eralization and “self-regulating” capital controls, and cognizant of markets on economic develop- the corroding effect of cronyism. Malaysian Eclipse challenges the ment. First, Malaysia (and Thai- neoliberal agenda of financial lib- land and Indonesia) relied more Jomo’s independent path of eralization in the developing heavily on markets and less on analysis is clear from his dedica- world. Jomo and his co-authors government intervention than tion of Malaysian Eclipse to Anwar identify an “ill-timed and ill- had the first generation of East Ibrahim. The dedication alone sequenced” liberalization of Ma- Asian NICs. challenges the standard reading laysia’s banking system and fi- of Malaysian economic policy de- nancial markets as the “root Second, Malaysia was a favorite bate that pits Anwar’s “neoliberal cause” of Malaysia’s crisis. They destination of financial capital, leanings” against Mahathir’s recount the transformation of the capturing more of the capital that economic nationalism. Indeed the Thai currency crisis into a re- flowed into the newly emerging Mahathir camp branded Anwar gional financial crisis, and then markets during the 1990s than an “ill-informed stooge of the IMF an economic crisis made worse any other developing economy. and other foreign interests” and with the IMF austerity policies. made him the scapegoat for the They document the breakdown of Third, Malaysia managed its government’s early austerity pro- prudential oversight of the bank- post-July 1997 recovery not with grammes. ing sector and the late 1980s rush International Monetary Fund–ad- to liberalize financial markets, ministered austerity measures but Jomo came away from a meeting and trace the unprecedented in- with its own policies that in- with Anwar in May 1998 with flow of portfolio investment and cluded a highly controversial ex- quite a different impression: The its reversal during the crisis.

Aliran Monthly : Vol.22(8) Page 27 In this way, the authors are able followed by sudden FDI pullouts. controls “remind[ed] the world to dispute IMF’s contention that that there are alternatives to capi- the crisis was “homegrown” and Cronyism And Beyond tal account liberalization”. How- caused by faulty macroeconomic ever, he is not prepared to declare management. Jomo and Rajah Jomo also challenges the interna- Malaysia’s experiment a success- Rasiah establish that Malaysia’s tional financial establishment’s ful example of what developing pre-crisis “first order macroeco- contention that cronyism, not countries can do to protect them- nomic conditions” were sound market failure, caused the East selves against “predatory specu- and characterised by sustained Asian crisis. He notes that lators” and financial volatility. rapid growth, relatively mild in- cronyistic practices were wide- flation, and fiscal discipline. spread before the crisis and ironi- Jomo regards the Malaysian capi- cally Western financial analysts tal controls as neither the unbri- What plagued the Malaysian regarded them as a source of sta- dled success proclaimed by the economy was a persistent current bility in the economy. Jomo ac- Mahathir administration nor “the account deficit dangerously fi- knowledges that cronyism eroded unmitigated disaster” predicted nanced by short-term capital economic growth and worsened by market fundamentalists. Jomo flows. Unlike Thailand and Indo- the crisis but he goes beyond a cri- suggests that the contribution of nesia, which relied on borrowing tique of cronyism as an explana- capital controls to Malaysia’s re- from foreign banks, Malaysia tion of the crisis. covery was ambiguous. The tapped the capital markets to fi- Malaysian stock market stabi- nance its current account deficit Cronyism in the award of govern- lized but foreign direct investment because prudential regulation ment contracts to, or the bailout declined partly due to the “hos- limited bank borrowing from of, politically connected friends tile official rhetoric” of the abroad. according to Jomo, is best under- Mahathir government. Still Ma- stood as “nondevelopmental rent- laysia’s economy recovered no When the crisis hit, both types of seeking” that contributes little to more slowly than Thailand’s short-term capital flows – foreign productive capacity or economic which labored under an IMF-im- bank lending and stock buying – development. Malaysian crony- posed austerity program. reversed with little regard for the ism is often part of government- actual strength of these economies. supported, large-scale infrastruc- Much of the problem with evalu- Malaysia’s closer regulation, ture projects and other ventures ating Malaysia’s capital controls however, left its banking sector in that are “sometimes unnecessary is their timing. By September better shape and muted the im- and often unviable.” 1998, the crisis was 14 months pact of the crisis. old, and the bulk of foreign port- In Jomo’s estimation the folio investment had left the coun- Jomo and his co-authors do not Malaysian government’s eco- try. For Jomo,the capital controls attribute Malaysia’s pre-crisis nomic interventions were far less “closed the stable door long after record of rapid growth to finan- successful than the practice of in- the horses had bolted” and had cial liberalization. Although de- dustrial policy in South Korea and the perverse effect of restricting the pendent on long-term foreign di- Taiwan where government sup- movement of the capital that re- rect investment (FDI), especially in port for corporate investors was mained in the country. Hence, export-oriented manufacturing, more often tied to performance capital controls allowed the much of the rapid growth predated standards and potential interna- Malaysian authorities to reduce the 1990s deluge of foreign port- tional competitiveness. interest rates, but their measures folio investment. The econometric had only a limited effect because analysis in Malaysian Eclipse fin- Ambiguities Of interest rates across the region gers portfolio investment, not FDI, Capital Controls had fallen by then. as the footloose culprit and found foreign portfolio investment to be On September 1, 1998, Malaysia Jomo seems convinced that “there more volatile than FDI and even imposed capital controls which is little to gain from maintaining foreign bank borrowing. The required portfolio investment precipitious outflow of portfolio funds to remain in the country for Continued on page 30 investment was significantly not a year. In Jomo’s view, the capital

Aliran Monthly : Vol.22(8) Page 28 dependence, the composition of its members is crucial. Given the ownership patterns of the Malaysian media, it is highly likely that the majority of the coun- cil members would come from media organisations that are closely linked to the powers-that- be. When it comes to decision- making, the voices of this major- ity are likely to suffocate those of the minority (presumably those from the alternative or independ- ent media). Such domination or dictatorship on the council would not augur well for freedom of ex- pression and social justice: many A record of Aliran'sAliran'sAliran's stand on current affairs. A record of Aliran'sAliran's stand on current affairs. would then feel that it would be pointless to lodge complaints Proposed Media rules and regulations, and the ex- with the council given the politi- Council: Repeal isting repressive laws. To main- cal stance of its members. Repressive Laws And tain such laws on the statute Ensure Independence books is tantamount to doubting Most credible contemporary press the effectiveness and ability of the councils include a tripartite struc- Charter 2000 welcomes any effort proposed media council to ture - representatives of owners, to help the media industry to regu- achieve self-regulation. Such dou- journalists and the public - and late itself with the twin objective ble regulation will make editors they rely on public censure to func- of not only improving profes- and journalists even more fearful tion effectively. Public censure will sional standards but also promot- and prone to self-censorship. ensure that the council will probe ing and defending press freedom not only complaints about media and freedom of expression. The The proposed Malaysian Media reports but also investigate the ef- setting up of a credible, independ- Council is reportedly modelled fects of the increasing concentra- ent media council is one of the after the Press Council of India tion of media ownership and at- ways that the media and journal- (PCI), which is set up by statute tempts by the authorities to under- ists can achieve self-regulation. with the aim of preserving press mine press freedom. Another way would be through freedom and promoting self-regu- the appointment of an independ- lation. That may be fine in India For public censure to work, there ent media ombudsman. (although the PCI has come un- has to be greater representation der heavy criticism), where the from the public or civil society. For Self-regulation, however, would press is a lot freer and more inde- instance, Australia has 11 public only be meaningful and effective pendent. But what press freedom members, including an independ- if laws that impinge upon press is there to preserve in Malaysia ent chair, and 10 members repre- freedom are repealed. The exist- when repressive laws are still in senting print news media organi- ence of the Printing Presses and place? sations. The Press Council in New Publications Act, the Official Se- Zealand has six public members, crets Act, the Sedition Act and the To enhance its credibility among including the independent chair, Internal Security Act are in con- the public, the council must also three news media representatives flict with the very notion of self- be independent. An aggrieved citi- and two representing the journal- regulation. Unless these laws are zen would only lodge a com- ists’ union. By contrast, the pro- repealed, working journalists plaint with the council if he or she posed Malaysian Media Council deemed to have committed profes- believes that the council can act has only eight non-media repre- sional misdemeanours may have without fear or favour to redress sentatives, making up just about to face two sets of regulatory breaches of journalistic ethics. For a third of its 25-members (includ- mechanisms: the media council’s the council to achieve genuine in- ing the chairperson). Given the

Aliran Monthly : Vol.22(8) Page 29 poor state of media freedom in a chain reaction. Certain groups Malaysia, it is important for at in Iraq and other neighbouring least half the council members to Charter 2000-Aliran is a Arab countries may want to retali- come from civil society. Malaysian citizens’ media ate - and this could escalate into a initiative based on a press regional war that would eventu- Who appoints the council mem- freedom manifesto en- ally involve the United States and bers is also crucial. The proposed dorsed by 27 groups includ- its allies and others. bill says that the council members ing umbrella trade union will be appointed by the King. But and consumer groups, inde- The seemingly unprovoked 6 Sept if it is the Prime Minister who pendent media and journal- attack only reinforces the suspi- makes the recommendations, then ist groups, women’s lobby cion that the United States in par- we all know what kind of council groups and other civil so- ticular trivialises world opinion, it will be. One solution is for an ciety organisations. which is concerned with the wel- independent committee - say an fare of the people in Iraq and sta- all-party parliamentary commit- bility in the region. tee with fair represention from both sides of the divide - to make Aliran Condemns Equally serious is that this attack the recommendations after calling US-UK Air Raid serves as a warning to all of us for nominations from media or- On Iraq that the world is not safe when a ganisations, journalists and civil superpower flexes its muscle in an society. apparent display that might is Aliran condemns the US and Brit- right. To sum up, we want to see two ish air-raid on a major Iraqi air things: the repeal of all repressive defence installation on 6 Septem- We call upon all nations of the laws and much broader represen- ber. It is likely to unleash a new world to restrain themselves from tation on the council from inde- wave of political and military in- situations that could provoke pendent media and civil society. stability not only in West Asia, even more violence and blood- already drenched with blood, but shed. Dr Mustafa K Anuar & Anil Netto also elsewhere in the world. Joint coordinators Charter 2000 Aliran Aliran Executive Committee 29 August 2002 Such an attack risks triggering off 8 September 2002

Continued from page 28 For now, abandoning Malaysian provides strong reasons why capital controls, even allowing emerging economies must avoid that their effectiveness remains a the financial liberalization pro- the current regime of [capital] con- matter of controversy, would be a moted by international organiza- trols.” He favors a system of closer mistake. If capital controls are tions, and, instead regulate short- prudential regulation that would abandoned, reinstating them at term capital flows and limit bank moderate capital inflows, deter the start of another financial cri- lending through prudential su- speculative surges, and include sis would face the vehement op- pervision. q limits on foreign borrowing and position of the most powerful ac- a managed float of the currency tors in the international with convertibility. economy—the World Bank and Abridged from a longer re- IMF, the governments of the view published in WorldWorldWorld However, such measures, he in- wealthy nations, and the largest Policy Journal,l,l, Vol. XIX, sists, must be accompanied by financial and nonfinancial corpo- No. 2 (Summer 2002) and greater cooperation among mon- rations. used with permission from etary authorities in the region – the World Policy Institute. the first step toward establishing This volume helps to foster an John A. Miller is Williams an East Asian monetary facility open debate on economic Professor of Economics, which, unlike the IMF, would pro- policymaking which Jomo rightly Wheaton College, USA. vide needed liquidity to econo- says Malaysia needs desperately. mies experiencing crisis. More than that, Malaysian Eclipse

Aliran Monthly : Vol.22(8) Page 30 reason that I volunteered my serv- ices to the families of the girls con- cerned after they appealed to me for assistance. I have no personal agenda to serve. The issue is one which requires a judicial pro- nouncement, and the Singapore Government should not be afraid to be subjected to that pronounce- ment. The Singapore Government owes its Muslim citizens a justifi- cation for the ban and that justifi- cation should be through a judi- cial pronouncement. Disallowing my representing the families of the unfortunate school girls will not solve matters. The Singapore Letters must not exceed 250 words and must include the writer's Government should have been name and address. Pseudonyms may be used. Send letters to : realistic and pragmatic by allow- Editor, ALIRAN MONTHLY, 103, Medan Penaga, 11600 Penang, ing me to appear in court. My Malaysia or e-mail to : [email protected] Views criticism of the ban cannot be le- expressed need not reflect those of Aliran. If you are sending gitimate grounds to deny me an by e-mail please include your message in the e-mail body itself. employment pass. Singapore We do not open attachments to avoid viruses. leaders, including Senior Minis- ter Lee Kuan Yew, have time and Singapore Tudung My criticism of the ban on the again levelled criticism against Malaysia. The Singapore Govern- Issue: Judicial tudung in schools, perhaps in ment should not expect the ban Pronouncement strong terms does not and cannot on the tudung in schools to be ac- Needed mean I am interfering in the do- mestic affairs of that country. The cepted without any challenge. The Singapore Government Singapore Government should be should not look for excuses in turn- prepared to accept criticism in It is my hope Singapore lawyers ing down my application for an good spirit. The ban on the use of will take up the issue in court. The employment pass to represent the the tudung in schools in Singa- families of the school girls enlisted families of the four Singapore pore is certainly, in my view, un- my assistance because no Singa- school girls over the ban on the constitutional and discrimina- pore lawyer was prepared to take use of the tudung in Singapore tory. It is difficult to reconcile the up the brief, which certainly is no schools. I am somewhat surprise ban on the tudung when Sikh pu- credit to Singapore lawyers. I at the contention that there are pils in Singapore schools are al- wonder what they are afraid of. I grounds to conclude that my mo- lowed to put on turbans. Prima call upon the Singapore Law So- tive is to interfere in Singapore’s facie, there is therefore the flavour ciety to take up the cause of the internal affairs to further my own of discrimination school girls. After all, it exists to agenda. uphold the cause of justice with- The Singapore Government, obvi- out regard to its own interest or I was called to the Singapore Bar ously for political expediency af- that of its members, uninfluenced as far back as 1981 and I am still ter the 11 September attacks in the by fear or favour. on the rolls of advocates and so- United States, brought into opera- licitors there. Denying me an em- tion the ban on the tudung. In my Karpal Singh ployment pass does not speak view, the Singapore Constitution National Deputy Chairman well of the Singapore Government. has been subverted. It was for that Democratic Action Party

Aliran Monthly : Vol.22(8) Page 31 NECF award by him, but he should not Hot Air And Cold “Aye r ” Must Be Neutral use the NECF to promote him- self and his personal political Two recent editions of Aliran It is certainly good that agenda. He has been inviting Monthly contained several excel- Malaysians of all races and creeds Ling Liong Sik to open and close lent thought provoking articles. participated wholeheartedly in almost all the public functions last weekends’s National Day cel- of the NECF. The irony is that Regarding the article on the four ebration. In particular, the gath- Ling Liong Sik is a well-known “pretenders”: since the PM says erings organised by religious bod- devoted Buddhist who will “The future (of Malaysia) will de- ies to pray for the nation is most bathe the Buddha and lead the pend on women power” we should encouraging. Wesak Day procession every consider Dato Seri Rafidah Aziz as year without fail to fulfil his re- a potential leader. She is distinc- One thing, however, is very wrong ligious obligations. True, such tive with her String of Pearls trade with the prayer gathering organ- inter-religious interaction is cer- mark, well known and accepted in- ised by the National Evangelical tainly healthy in promoting a ternationally (because of her Eng- Christian Fellowship (NECF) at multi-racial and multi-religious lish), is aware of the share dangers Wisma MCA in Kuala Lumpur. country like ours, but there must of manipulation , and is an expert The Christian churches are sup- be limits to playing politics and on trade and industry. Many coun- posed to be non-partisan in poli- curry favouring with politicians tries have or have had women lead- tics (although individual Chris- by such Christian leaders. ers and we might do well to follow tians can be members and support their example. An added advan- political parties of their own The NECF comprises members of tage is that she acts and travels choice). By holding such a gath- all political leanings and it alone without the added expenses ering in the MCA headquarters, should hold its meetings in neu- and security risks of an accompa- the NECF was not very wise as it tral places, not at venues like po- nying partner. alienated Christians who do not litical party headquarters. Regarding the problem of learn- support Ling Liong Sik or the ing English. I think it is a great MCA. There is no malice in writing this and unnatural pity that the PM letter but we, a group of more than directed the change in spelling of Remember there are Christians 10 evangelical Christians, feel that romanised BM to follow that of the who are members of Keadilan (for somehow the issue has to be Dutch colonial effect on Bahasa example, Mr Goh Keat Peng, the brought up for the attention of the Indonesia. No longer can our chil- executive director of World Vi- Christian community at large. But dren read “The cat sat on the mat” sion) and the DAP (for example, we have no access to communi- and young and old must have to MP Teresa Kok and Malacca as- cate our unhappiness except think twice when they visit a pet- semblywoman Betty Chew). By through Aliran Monthly as all the rol station and see a notice for holding the National Day prayer newspapers are controlled by the “AIR” which indicates a supply gathering at the MCA headquar- MCA or BN. of water. Equally confusing is that ters, the NECF is making it diffi- we still have Ayer Hitam and cult for people like them to attend. We do hope that church leaders pasar malams displaying notices Imagine, Betty Chew, the wife of will call an EGM of the NECF to for “Ayer” cold drinks in Perak, Lim Guan Eng, being seen partici- discuss this matter. Wong Kim and Syarikats in Shah Alam. The pating in a function at Wisma Kong seems to be using the NECF PM may think that Europeans (i.e. MCA. to promote support for Team A the Italians and Spaniards) like under Ling Liong Sik and it’s time the new spelling of romanised No doubt, NECF general secre- such nonsense stops. BM - but it is un-English. tary Wong Kim Kong is a great supporter of Ling Liong Sik and John Lim and a company of Haji Din the MCA and apparently was committed Christians Simpang Pulai recommended for a federal Subang Jaya Perak

Aliran Monthly : Vol.22(8) Page 32 THE 2002 DELIMITATION EXERCISE Continued from page 40

There is usually a strong relation- eral rule. The latest delimitation Another way of analyzing the ship between these two factors exercise does not seem to do this. apportionment of seats would be since the number of voters in a to examine the increase in the state should be somewhat propor- A few states stand out in their number and the percentage of vot- tional to the population of that obvious over- and under-alloca- ers by state (comparing the 1994 state. The exceptions are for states tion of seats. Selangor, with delimitation exercise with that of with a high immigrant population 16.4% of total voters in the Pe- the 2002 delimitation exercise). If like Sabah, or states with a high ninsular, should have been al- the number of voters have in- number of interstate workers like located 27 seats or an addition creased by X amount or Y % in a Selangor. of 10 seats whereas only five particular state A and another seats were added giving a total state B experiences a similar in- As a general rule, if a state has X% of 22, or an under-allocation of crease in terms of number of vot- of voters, then it should have X% five seats. ers or % of voters, then it would be of seats (as an approximation). logical for these two states to be Historically, the apportionment of Pahang, with only 6.7% of voters, allocated the same increase in the parliament seats to Sabah and should have been allocated 11 number of seats. Again, the latest Sarawak have been ‘over-allo- seats or no change in its allocated delimitation exercise does not fol- cated’ i.e. the percentage of seats number of seats. Instead, three ad- low this principle. allocated is greater than its share ditional seats were allocated to of voters. But given that the delimi- this state. Johor, with 14.7% of vot- For example, Kelantan experi- tation exercise takes the Penin- ers, should have been allocated 24 enced a 24% increase in the sula, Sabah and Sarawak as sepa- seats or an addition of four seats number of voters or 127,000 vot- rate units, the apportionment of instead of the six additional seats ers but did not receive any addi- seats within the states in the Pe- adding up to a total of 26 seats for tional seats but Pahang which ninsula should follow this gen- Johor. saw an increase of 21.4% or 98,000

Table 1 - Increase in votes and over- or under-allocation of seats by voters for each state (1999 and 2002)

StateStateState VotersVotersVoters VotersVotersVoters % ChangeChange% DifferenceDifferenceDifference Over/Under Over/Under in 1994 in 1994 in 2002 allocationallocationallocation allocationallocationallocation in 19941994in in 20022002in

PerlisPerlisPerlis 97978 109750 12.0% 11772 1 1 KedahKedahKedah 675790 793517 17.4% 117727 1 -1 KelantanKelantanKelantan 528679 655602 24.0% 126923 3 1 Terengganu 337918 411453 21.8% 73535 1 0 PenangPenangPenang 563039 659155 17.1% 96116 -1 0 PerakPerakPerak 1047175 1138010 8.7% 90835 1 2 PahangPahangPahang 456834 554534 21.4% 97700 1 3 SelangorSelangorSelangor 949317 1368693 44.2% 419376 -3 -5 Wil. Perseketuan 591806 664233 12.2% 72427 -3 -2 Negeri Sembilan 298178 417712 40.1% 119534 1 0 MelakaMelakaMelaka 269198 331327 23.1% 62129 -1 -1 JohorJohorJohor 982484 1223532 24.5% 241048 -1 2 TotalTotalTotal 6798396 8327518 22.5% 1529122

Aliran Monthly : Vol.22(8) Page 33 voters saw an increase of three has a total population of approxi- ples below indicate that different parliament seats. Kedah, which mately 4.2 million or 22.5% of the ‘strategies’ of gerrymandering saw an increase of 17.4% or population of Peninsular Malay- were used. 118,000 voters, did not receive any sia, should be allocated 38 seats additional seats but Penang out of the 165 in Peninsular Ma- The state of Kedah is a good case which saw an increase of 17.1% laysia. Even if we assume that in point to show where state seats or 97,000 voters was allocated an there is a large migrant workforce have been shifted from parliamen- additional two seats. (from other states or from other tary constituencies where the BN countries) in Selangor, the differ- is strong to parliamentary con- Some would argue that the appor- ence in total population in stituencies where PAS won by tionment of seats among the states Selangor (4.2 million) and Johor small majorities in the 1999 gen- in the Peninsula cannot be strictly (2.7 million) means that the eral election. A particularly egre- based on the number of voters but number of unregistered voters in gious case is the parliament seat should also be based on the popu- Selangor would be higher than of Yan (proposed to be renamed lation of the state since the popu- that in Johor and hence Selangor Jerai) which is currently held by lation of a state will reflect the should be allocated more seats PAS Secretary General, number of unregistered voters in than Johor. This contrast is a clear Nasaruddin Mat Isa. This seat that state. example of mal-apportionment in was won by PAS in 1999 by a slim the 2002 exercise. majority (0.7% or 182 votes). The Table 1 below shows the increase latest delimitation exercise has in the percentage and number of Gerrymandering added the Gurun state seat to the voters by state between the 1994 parliamentary seat of Yan. Signifi- and the 2002 delimitation exer- The term “gerrymandering” is cantly, the state seat of Gurun is a cises. It also shows the under- or used when the redrawing of par- strong MCA seat (38.1% majority over- allocation of seats by voters liamentary and state seats is con- in 1999 election). It must be noted for each state in these two delimi- ducted so as to benefit the ruling that the state seat of Gurun lies tation exercises. party. There is evidence that ger- within the administrative district rymandering occurred in the 2002 of Kuala Muda while the rest of By this measure, Selangor which delimitation exercise. The exam- the parliament seat of Yan is found in the administrative dis- Table 2 - Largest and smallest parliamentary seat within trict of Yan. a state as proposed in 2002 delimitation exercise (by number of voters and ratio) Similar ‘transfers’ of state seats number of voters and ratio) have affected three other parlia- mentary seats in Kedah, namely SmallestSmallestSmallest LargestLargestLargest Pokok Sena (PAS – Mahfuz Omar), StateStateState Parliamentary Parliamentary RatioRatioRatio Seat in State Seat in State

PerlisPerlisPerlis 35844 37100 1.04 KedahKedahKedah 27311 76031 2.78 KelantanKelantanKelantan 26035 69948 2.69 Terengganu 42820 65900 1.54 PenangPenangPenang 37769 64666 1.71 PerakPerakPerak 21148 71706 3.39 PahangPahangPahang 24507 51370 2.10 SelangorSelangorSelangor 30042 88751 2.95 Wil. Persekutuan 51012 68478 1.34 Negeri Sembilan 36349 77988 2.15 MelakaMelakaMelaka 37160 76657 2.06 JohorJohorJohor 28210 90187 3.20 Mahfuz Omar of PAS : His parlimentary seat affected

Aliran Monthly : Vol.22(8) Page 34 part of the state seat of Kemahang A final observation is that when was taken out of Jeli and replaced particular states have been allo- by a new state seat, Bukit Bunga. cated extra parliamentary seats, it Post delineation, the seat of Jeli is not the seats with the largest still crossed into the administra- number of voters which have been tive district of Tanah Merah. split or affected. Rather the new seats have been created from those One wonders why the adminis- constituencies with a lower trative borders were not re-aligned number of voters. For example, as in the case of Gua Musang with the creation of the new par- which saw its number of voters liamentary seat of Lenggong decrease from 30,000 to 26,000 (21,000 voters) in Perak, the (but which also saw a new state number of voters in the neigh- Mohd Sabu of PAS : Affected by the seat added there). Is it coincidence bouring constituency has ‘transfer’ of state seats that two new state seats were dropped from 37,000 in 1999 to added to the parliament seats of 24,000 voters in 2002. Meanwhile Jeli and Gua Musang, two areas the parliamentary seat of Batu with a low number of voters? Of Gajah (a DAP-held seat) saw an course, Gua Musang was the only increase of voters from 57,000 in parliamentary seat won by 1999 to 71,000 in 2002. Conse- UMNO (Tengku Razaleigh) in quently, the disparity in the size 1999 while Jeli, as mentioned ear- of constituencies persist especially lier, was narrowly lost to PAS. in Selangor, Perak and Johor. Ta- ble 2 provides the the number of By counter-checking the 1999 voters in the largest and smallest polling data to the shifting of poll- constituency in each state. The ing districts from one constitu- ration between them is also indi- ency to another, one should be able cated Nasaruddin Mat Isa of PAS : His Yan to come up with a comprehensive parlimentary constituency is renamed study of the outcome of the next The three characteristics of the Jerai election. Invariably, these shifts 2002 delimitation exercise out- ought to favour the BN/UMNO lined above are of great concern Kuala Kedah (PAS – Mohd Sabu) rather than the opposition. because the arbitrary nature of the and Baling (PAS – Taib exercise will lend doubt to the Azamudin). Absorption democratic nature of elections in Malaysia. It is of course acknowl- Another ‘strategy’ that can be Yet another strategy utilised is edged that in any delimitation used is the shifting of polling dis- the ‘absorption’ of seats. For ex- exercise, there will inevitably be tricts from one state seat to another ample, the state seat of Sungai those who are affected positively to strengthen the position of the Besar which is found in the par- and others negatively. But if a ruling coalition in an area where liament area of Sabak Bernam, closer examination of the impact it is relatively weak. One such ex- Selangor, has been absorbed of the exercise shows a systematic ample is the sensitive parliamen- into the state seats of Sungai bias towards favouring the ruling tary constituency of Jeli in Ayer Tawar and Sabak (both coalition, then the integrity of the Kelantan which the then Finance UMNO seats) leaving the cur- elections system will be called Minister, Mustapha Muhammed, rent state assemblyman without into question. lost by a mere 693 votes (2.3% a seat for the next general elec- majority). The number of voters in tion. Significantly, Sungei Besar K Ong is a researcher at a small Jeli has been decreased from is currently held by PAS while non-profit think tank based in 38,000 in 1999 to 31,700 in the lat- Sungai Ayer Tawar and Sabak Kuala Lumpur. The views ex- est delineation exercise. A large are UMNO-held seats. pressed here are his alone. q

Aliran Monthly : Vol.22(8) Page 35 SUSTAINABLE DEVELOPMENT

Towards Sustainable Transport in Penang Penang Does Not Need PORR by Francis Loh

uilding the Penang No Consultation “B“B Outer-Ring Road “B“B“B (PORR) to solve Rohan Marshall presented details Penang’s traffic con- of the economics and the award gestion problem is like solving of the project, which is estimated my weight problem by wearing to cost RM1.02 billion. No tender a larger pair of trousers”, said a was called and the project was slightly over-weight Rohan simply privatized to a company Marshall, an Economics Re- called Peninsular Metroworks searcher attached to the Con- Sdn. Bhd. which has had next to sumers Association Penang no experience in constructing (CAP). roads. There was no prior consul- tation with Penangites, and until “People need to travel around very recently not even with those to go to school, to work and to whose homes would be affected conduct business, and for en- by PORR. tertainment and leisure. Too of- ten the solution is to invest in At any rate, what is the point of roads and cars, and then more consultation if the Chief Minister cars and roads. There will be no deems that PORR is necessary and end to this. Apart from PORR, the state government will go ahead there is also the on-going while the Deputy Chief Minister Butterworth Outer-Ring Road has arrogantly declared that there (BORR). It is people, not cars, will not be any further re-alignment that we should be moving of the proposed road? around. Only in so doing will we develop a sustainable trans- (Samy V, the predictably silly man, port system which will also pre- had the gall to say that there had serve the quality of life we now only been a few objections to enjoy”, explained Aliran mem- PORR .. and so ‘what’s the fuss’!!) ber Ganesh Rasagam, a Penang-based engineer and Integrated transport planner. Transport System

Both speakers were addressing For Ganesh, the key to the solu- about 50 Aliran members and tion of transport problems is “an friends who attended the forum, integrated transport system”. We “Sustainable Transport in Penang cannot afford to repeat the mis- and the No-PORR Campaign”, takes of the Klang Valley where a held at Rumah Aliran on 6 Sep- comprehensive network of ring tember 2002. roads and expressways was first

Aliran Monthly : Vol.22(8) Page 36 built. Only after traffic congestion Public Transport What Ought One Do ? did not abate would the govern- ment look into developing a pub- There followed an open discus- Opinions differed on what needed lic transport system. sion on the advantages of devel- to be done. A woman explained oping a public transport system. that she had written to the State However, even with an increas- No doubt there will be expenses Assemblyman and Member of ingly comprehensive public trans- involved. But the total costs in- Parliament for her area to invite port system, traffic jams have not volved will still be lower than them to see for themselves what eased in Kuala Lumpur because it that for the construction of “the line in the map” would mean has been extremely difficult to PORR, BORR and their related for affected residents like herself change the old habits of jumping access roads, especially since if the present alignment of PORR into one’s car instead of using pub- hill-cutting and numerous flyo- was maintained. lic transport. With loads lighter vers will be required in PORR’s than what had been hoped for, the case. She was convinced that if they costs of public transport have re- could “see” that the cars and mained high in the Klang Valley. The expansion of the Bagan trucks would be literally “flying Jermal-Tanjong Tokong-Tanjong over” her house, they might speak “Penang is a small island. We Bungah stretch of road is a case out against the proposed align- should not be encouraging the use in point. To enable a faster flow ment, if not the project itself. Thus of private cars here. Rather we of traffic an estimated RM48 far neither YB has shown up. But should be improving and ex- million was spent to upgrade she thought it was important to panding our bus and ferry sys- seven kilometers of road. Yet the write more letters to them as well tems”, Ganesh urged. Inciden- traffic flow on this stretch of the as hold more public meetings. tally, the ferry doesn’t simply need island has not improved, not to criss-cross the channel. One least because it has been neces- Another person suggested could catch a ferry at Gelugor or sary to install ten sets of traffic Penangites should act more politi- Tanjong Bungah to get to work in lights. How else would school cally. They should “threaten to Georgetown. The government children cross the roads, resi- vote for the opposition” in the next should also consider investing in dents get to the markets, and general election. Apparently, this a light rail transit system which side traffic access the expanded is the only language that our links Georgetown to points like four-lane new road? elected YBs, almost entirely from Air Itam, Bayan Baru, Jelutong Barisan Nasional, seem to under- and Tanjong Bungah – and sooner For a fraction of the RM48 million, stand. rather than later. the disgraceful bus system could have been upgraded to permit This person’s opinion was sup- Ganesh discussed other related people to travel more comfortably, ported by B.K. Ong, a prime mover issues. “Have you ever wondered if not faster. Incidentally, the pri- of SOS! Penang. “BK”, as Ong is why there are so many motor- vatization of the MPPP-run bus popularly known, had played an bikes in Penang ? On rainy days system in the 1990s has been a instrumental role in fighting for motorcyclists and their pillions disaster. Whereas we had half-a- the rights of tenants who were af- get drenched. Road deaths in- system then, we now have only fected by the repeal of the Rent volve motorcyclists more than any headaches and heartaches! Control Act 2000. Sometimes BK other group. So why are there still was cynical: Penangites got the so many motorcyclists? Perhaps Returning to PORR, it was felt that government they deserved! For al- it is because of the very shameful Penangites were not adequately though they disagreed with many state of Penang’s public transport informed of what this big road of the Penang government’s poli- system. Perhaps they have no project entailed and how it would cies, they nonetheless continued choice.” In any case, the transpor- affect most Penangites, and not to vote the BN each time elections tation problem was only one of just those whose homes were in came around. many other issues involving ur- the ‘firing line’ of the proposed ban dwellers, Ganesh concluded. highway. Continued on page 39

Aliran Monthly : Vol.22(8) Page 37 SUSTAINABLE DEVELOPMENT Artful Dodging

Highflying diplomat Razali Ismail side-steps the PORR controversy in Penang as the state’s chief minister skips the inaugural Penang Lecture

alaysian diplomatic Penang’s newly appointed Gov- on a local environmental contro- MM highflier Tan Sri Razali ernor Tun Abdul Rahman Abbas. versy thus dissappointed many, MMM Ismail, the man who car- It is not known if the fact that the who may have thought that we ried Malaysia’s colours patron, who had been discovered could call upon his international to Burma and the Earth Summit, to be a shareholder in PORR’s credentials and experience to help utterly dissappointed the audi- concessionaire company, had any resolve a common local dispute ence when he refused point blank influence on the decision by Ma- involving the construction of a to give his stand on the controver- laysia’s top diplomat to decline highway, which has irked affected sial Penang Outer Ring Road answering the questions. The Pa- residents. After the audience per- (PORR) in a talk, ironically, to as- tron sat just metres away from the sisted in pressing ahead with sess ‘sustainable development’ for speaker’s rostrum. In a move questions on PORR, the best that Penang at a leading hotel on Au- which reflects some subconcious Razali could come up with was gust 10. motivation, the Governor tried at to say, ‘If there are many objections one time before the talk to remove to the project, surely the Govern- Anti-PORR residents groups an anti-PORR logo from a T-shirt ment would have to listen.’ turned up in numbers after being worn by a woman, thinking that baited in the press that the envi- it was a stick-on logo! But that was not to be. Razali’s ronmentally oriented talk to mark talk, which was described as the Socio-Economic and Razali’s many strong credentials ‘nothing I haven’t heard before’ Evironmental Research Institute’s on democracy and sustainable by the first questioner was a rather (SERI’s) 5th anniversary, would development at the UN level prob- mild and sometimes apologetic be open to questions on PORR… ably helped build up considerable assessment of the sustainablity of but, well, only literally- with no expectations of the speaker before Penang’s development and envi- answers! The organiser, SERI, the talk. He had been Malaysian ronment. But he did point out that tags itself as the ‘think tank’ of the Permanent Representative to the the Penang State, like other Penang state government of UN, played a leading role in the Malaysian states as well as Ma- Penang. In a hurried retreat, less 1992 Earth Summit’s negotiation laysia as a country, had not than 20 minutes into the question- and for that was later appointed adopted the Agenda 21 recom- and-answer session, following to chair the UN’s Commission on mendations emerging from the the 40-minutes lecture, Razali Sustainable Development. His lat- Earth Summit in 1992 - even was almost ‘caught’ with a real- est diplolmatic posting is as UN though Penang likes to think of life case-study related to the sub- envoy to Burma, where he has itself as a model Malaysian state. ject of his rather glowing talk min- been credited with having helped utes ago. secure the release from house ar- He also criticised the State for the rest of popular Burmese dissident loss of mangrove swamps due to The occasion of the talk was the Aung San Suu Kyi. displacement by Penang’s indus- inaugural Penang Lecture, trial estates (Razali also chairs a started under the patronage of His refusal to answer questions regional wet land body); for tour-

Aliran Monthly : Vol.22(8) Page 38 ism-induced sea pollution; for traf- Continued from page 37 BK said that he was now polling fic jams caused by urbanisation; Penang’s elected ‘people’s repre- and for the high volume of waste sentatives’. Predictably only those generated in the state (1kg/day/ from the Opposition opposed person), which has reached the PORR. Most BN YBs didn’t even level of developed nations. Noth- bother to respond to queries. ing was mentioned of Penang’s dead rivers in which `a frog can- Rohan thought that it was more not survive for two minutes', as important to act now by setting observed by the deputy premier in up Residents Committees and a recent visit to the state. But even raising public awareness. His or- so, the Chief Minister Dr Koh Tsu ganization, CAP, had produced T- Koon could not sit through the shirts, posters and pamphlets for assessment of Penang’s environ- distribution. The public reception ment records: he came for lunch of the campaign was encouraging where he briefed the speaker on and he envisioned a popular the State Government’s environ- movement along the lines of the mental initiatives, and then left. “Friends of Penang Hill”, the suc- “So much for the sincerity of cessful campaign in the 1980s to Penang’s top politician in pre- oppose the large-scale commercial senting this environmental lecture transformation of Penang Hill into to the people!” said a member of some ‘theme park’ that wouldn’t the disgruntled audience. benefit the local people.

Razali did present competent cri- For Ganesh, PORR was not yet a teria on sustainable development certainty. A detailed Environmen- where all five dimensions (politi- tal Impact Assessment (EIA) is re- cal, economic, social, cultural and quired by law and Penangites will ecological) need to be given due then have an opportunity to ex- consideration, in contrast to the press their opinions. Hence we current development model which must gather the necessary facts centres on the economic dimension and prepare comprehensive argu- alone. Alas, he did not give him- ments to counter the PORR lobby. self a chance to apply these criteria This was how the Penang Hill to PORR - something that irked project was defeated – by the col- many among the audience. lective strength of public concern.

As he mentioned, often there is 50 Things to Do enough research already; what is lacking is the political will.With The final word was Datuk Anwar that the internationally well Fazal’s. Anwar, a Penangite and known Malaysian diplomat will veteran consumer advocate cum be going to chair the Rio+10 Sum- environmentalist, suggested we mit in Johannesburg before the should draw up a list of “50 things end of the year, while Penangites to do and provide 50 reasons why will be left struggling with corpo- we ought to be doing them”. But rate-cum-political greed swirling we also need to present alternatives over an unwanted highway.. q including Ganesh’s point about developing “an integrated trans- Source: port system”, and “bringing back The Penang Organic Farm Club local government elections”. q

Aliran Monthly : Vol.22(8) Page 39 DEMOCRACY The 2002 Delimitation Exercise Systematically Favouring The BN? by K. Ong

very eight years, the Elec- complete. The 1994 exercise, for EE tion Commission (EC) is example, started in 1992 - eight EEE constitutionally man- years after the previous exercise dated to conduct a de- had been completed in 1984 – and limitation exercise to review both was only completed in 1994. This the number of parliament and time, the result of the delimitation state seats in each state (appor- exercise was announced as soon as tionment) and the boundaries of the eight-year waiting period was these seats in each state (delinea- over. The Constitution was tion). Three units are used for the amended previously to allow pre- purposes of this review, which are: cisely for this to occur – that the all the states of Peninsula Malay- exercise need not begin only after sia (including Wilayah the eight-year period was up but Persekutuan), Sabah and could start and end before the Sarawak. The timing of delimita- eight-year period. tion exercises for the states in Pe- ninsular Malaysia and Sabah One could perhaps speculate that have coincided whereas Sarawak there was a degree of urgency to tion to increase the number of par- usually undergoes this exercise a complete this exercise early to ex- liament seats prior to the start of few years after the review of the pedite the calling of an early gen- this 2002 exercise as it did prior first two units. eral election. Historically, the to the beginning of the 1994 exer- 1974, 1986 and 1995 general elec- cise. This time, the EC is taking The preliminary result of the lat- tions all occurred shortly after the the lead in recommending the in- est delimitation exercise, appar- completion of the delimitation ex- crease in the number of parlia- ently conducted in early 2002, was ercise, presumably to allow the ment seats which will then be sub- made public by the EC on Aug 9 ruling coalition to reap the ben- ject to the approval of parliament 2002. This recent exercise exhib- efits of a favorable delimitation (the same procedure occurs in re- its certain disturbing characteris- exercise. Political circumstances gards to the increase in state seats tics which might impact on con- seem to dictate the need for an which must be approved by the ducting fair, representative and early general election; it will al- respective state assemblies). democratic elections in Malaysia. low UMNO to regain its lost man- date (and seats) from the 1999 elec- Mal-apportionment Why The Rush? tion, and to expedite Dr Maha- thir's stepping down and the The second concern is with appor- The first concern pertains to the change in leadership that is due tionment or the allocation of par- speed in which the recent exercise by the end of October next year. liament seats among the different was conducted. states. Usually this is based on Another anomaly with respect to two factors – the population and The past three delimitation exer- this recent exercise is that the rul- the number of voters in a state. cises (1974, 1984 and 1994) all ing coalition has not yet amended took approximately two years to Article 46 of the Federal Constitu- Continued on page 33

Aliran Monthly : Vol.22(8) Page 40