For Justice, Freedom & Solidarity

For Justice, Freedom & Solidarity PP3739/12/2010(025927) ISSN 0127 - 5127 RM4.00 2010:Vol.30No.6

Aliran Monthly : Vol.30(6) Page 1 A change is going to come sing my beloved country a change is going to come when the hornbill flies from the white-haired rajah and the dog's head comes to its senses from Kinabalu to the Kinta Valley the monsson flood will cleanse the dirt list, Gilgamesh, to the words of Utnapishtun resore the order of Hammurabi the tainted and the greedy will be swept away and the earth will swallow the rent collectors arise my beloved country a change is going to come when the ghosts of the murdered are finally appeased and we dance on the graves of unjust judges embrace the Kingdom of Heavenly Peace where no one calls himself a lord go forth, Yuanzhang, make bright the light that shines for Umar on his nightly rounds as he seeks out the hungry and cares for the weak while the city sleeps in the lap of justice rejoice my beloved country a change is going to come when the immigrant sheds the skin of the lion and becomes his genuine self again the scales that are gaulty will no more serve to weight out favours in unequal parts give us instead Ashoka's wheel, his welcome to all faiths, his love for all children Martin will see the promised land and the imam will sit down with priest a change is going to come, my beloved country, so sing, arise, rejoice

Kee Thuan Chye May 2010 Kuala Lumpur

Written specially for Aliran Dinner 26 June 2010

Aliran Monthly : Vol.30(6) Page 2 EDITOR'S NOTE

Challenges to press freedom have emerged as opposition parties run into difficulties in renewing per- CONTENTS mits for their party newspapers. Such obstacles strengthen the suspicion that the BN government doesn’t take kindly to criticism, observes Mustafa K COVER STORY Anuar in our cover story. What else do the authori- ••• Why Licensing Publications ties want to control, wonders Soon Chuan Yeah. Is Undemocratic 444 Cartoons and T-shirts as well, apparently. These ••• What Else Are They Going To restrictions unfortunately limit people’s choice of Control?Control?Control? 404040 what to read and even what to wear.

On a brighter note, Aliran hosted a successful fund- FEATURES raising dinner in KL in June. Thanks are due to all ••• Stirring Demand For Electoral our supporters and friends in the Klang Valley, as ReformsReformsReforms 666 well as the artistes who generously performed at ••• Orang Asli Struggle For Customary the event. Wong Soak Koon reflects at ‘People First, Lands Continues 999 Democracy Now’ dinner. The event rekindled hope ••• People First, Democracy Now! 121212 in those present that the future would bring about a ••• Rededicate Ourselves To The people’s government where democracy really means StruggleStruggleStruggle 151515 something. But, as Aliran president P Ramakrishnan ••• A Change Is Gonna Come 161616 asserted, democracy only works when people claim ••• Cheonan Sinking And New Cold it as their own. War In Asia 232323 ••• Thailand In Darkness 262626 The spotlight also falls on marginalised communi- ••• Social Contract: View It Objectively 292929 ties as Yogeswaran reminds us of the Orang Asli’s ••• Malaysia's Invisible Blockade 333333 struggle for their land rights. Angeline Loh, meanwhile, tells Malaysians that apart from weeping for ••• East Asia's Excessive Dependence Gaza, we should also display the same compassion On Exports 363636 for the migrants and asylum seekers in our midst.

Finally, we take a look at regional developments in OTHERSOTHERSOTHERS Thailand, where a military crackdown has restricted ••• Subscription Form 353535 civil liberties, and in South Korea, where relations with the North have chilled following the sinking of the Cheonan ship. Martin Khor rounds off this issue by warning against an over-dependence on Published by exports in China and other East Asian nations. Persatuan Aliran Kesedaran Negara (ALIRAN)(ALIRAN)(ALIRAN) 103, Medan Penaga, 11600 Jelutong, Aliran is an organisation for ‘social democratic reform’. We advocate freedom, justice and Penang, Malaysia. solidarity; comment critically on social issues, offer Tel: (04) 658 5251 Fax: (04) 658 5197 analysis and alternative ideas keeping in mind Email (Letters to Editor): the national and global picture based on universal [email protected] human rights and spiritual values. We are listed on the on the roster of the Economic and Social Council of Email (General): [email protected] the United Nations. Founded in 1977, Aliran Homepage : http://www.aliran.com welcomes all Malaysians above 21 to be members. Contact the Hon. Secretary or visit our webpage. Printed by Konway Industries Sdn. Bhd. Plot 78, Lebuhraya Kampung Jawa, 11900 Bayan Lepas, Penang

Aliran Monthly : Vol.30(6) Page 3 COVER STORY Why licensing publications is undemocratic Executive intervention strengthens the suspicion that the BN government doesn’t take kindly to criticism from various quarters by Mustafa K Anuar

arakah, Suara Keadilan HH and The Rocket, the party HHH organs of Pas, Parti Keadilan Rakyat (PKR) and Democratic Action Party (DAP) respectively encountered problems with the Home Minis- try over the issue of permits for their publications. These publications were said to have operated without valid publishing permits required by law, and consequently the Ministry issued them show-cause letters.

The grave outcome is that the publication of these party organs was delayed, causing difficulties to the respective parties: think of the costs incurred as a result of the halt in publications, the inter- rupted communication between the parties and their readers, both members and the larger public. Show cause letters issued

Home Ministry officials argued that the delay in issuing the per- that the publications had not solve quickly and not let it affect mits was not deliberate; instead violated any provision of the other parties. Besides, if these it was apparently caused by the Printing Presses and Publica- publications had been editorially Herculean task of going through tions Act (PPPA). and politically kosher throughout more than 300 permit applica- the entire duration of the permit, tions every month and vetting If that was the case, then sceptics why would the Ministry officials the previous one-year publica- would say that it is a problem that then need to vet them again prior tions of each applicant to ensure the Ministry should sort out, and to issuing the permits?

Aliran Monthly : Vol.30(6) Page 4 Like other political parties in Ma- laysia (such as Umno, MCA and MIC), Pas, DAP and PKR too have the democratic right to spread their respective ideologies, ideas and policy statements to the public. Party organs are even more crucial for opposition parties given the fact they are often not given (enough) space by the mainstream media, which are largely owned by the ruling group.

As we are all aware, even if the opposition politicians and parties do appear in the mainstream media, they often are depicted in a negative light and portrayed as squabbling partners in Pakatan Rakyat – as if there is no friction or tension within the ruling BN coalition.

Robbed of their right

Another grim implication of this permit denial is that ordinary the face of accusations that they ported willingness to listen to the Malaysians are robbed of their have made editorial or journalis- rakyat. democratic right to have access to tic errors. If it is true that they in- information and ideas from a deed have made a horrible mis- One important lesson from this broad spectrum of the political take (such as defamation), they sordid episode is that the PPPA is parties that exist in the country. then should be brought to court archaic and irrelevant to modern To be sure, Malaysians have (or where truth and justice can be times – an insult to intellectual should have) the right to make an achieved. decency, democracy and justice. informed choice when it comes to voting a political party into power. It doesn’t serve the cause of jus- What should be put in place in- tice and democracy when the stead is a Freedom of Information Equally undemocratic is the party organs have been blud- Act as has been done by the stipulation from the Home Minis- geoned by the Home Minister via Selangor state government re- try that the distribution and sales the refusal to issue a publishing cently, a step that goes a long way of the party organs be restricted to permit for a matter that requires a towards democratising communi- party members only. This would settlement in court. It means the cation. This is a concrete way of violate the democratic right of executive has interfered with helping to make a reality out of members of the public to gain ac- what could have been a judicial mere slogans of transparency, access to the publications, ideas, process. countability and good gover- political philosophies of the po- nance. q litical parties concerned. Such executive intervention strengthens the suspicion that the Yet another severe implication is BN government doesn’t take Mustafa K Anuar is assis- that the party organs are not given kindly to criticisms from various tant secretary of Aliran. the right to defend themselves in quarters of society despite its pur-

Aliran Monthly : Vol.30(6) Page 5 ELECTORAL REFORM Stirring demand for electoral reforms A Malaysian civil society’s memorandum

e the undersigned civil society groups hold stitution stipulates the expectation of the EC to “[en- WWW that the only formula for stability, progress joy] public confidence”. This means the Election WW and prosperity in Malaysia is a vigorous Commission should conduct elections with integ- and healthy multi-party democracy. rity and impartiality to ensure universal suffrage, a level playing field for all political parties and can- Following the 2008 elections, Malaysia is experi- didates, informed choices and facilitation of in- encing a changing style of government, from an au- formed choices and inclusive representation. Bersih thoritarian to a more democratic one. While the pub- 2.0 believes that within the existing provisions of lic have benefited from the competition between the the law, the EC can conduct this important demo- BN and PR which brought about some administra- cratic exercise according to international best-prac- tive reforms and more inclusive policies, it is still tice standards. worrying that some quarters may resort to desper- ate means to influence the election, including the The EC can and must protect multi-party democ- abuse of state apparatus or to change the election racy by ensuring clean and fair elections, in their outcomes through defections and the deliberate de- administration and enforcement of relevant laws nial of fresh elections when the old mandate is in and also through advocacy of necessary changes to question. the Constitution, laws and by-laws.

Come the next general elections, should some po- Driven by a common desire for a better tomorrow for litical parties refuse to accept “democracy as the only Malaysia, we urge the EC to bring about the follow- game in town” and attempt to compete for power by ing reforms. We hope the EC will engage us and the rigging elections or rejecting election outcomes, Ma- larger public for consultation and deliberation. We laysia may sink into political turmoil. also call upon the Malaysian public to familiarise themselves with their rights as voters and to ad- The role of the Election Commission (EC) in ensur- vance the reform agenda through their own avail- ing political stability and democratisation is there- able channels. fore paramount. Article 114(2) of the Federal Con- Immediate concerns

Investigation of election offences. We hold that it is incumbent upon the EC to perform its public duty to cause an investigation of all election offences committed, particularly in the two recent by-elections, pursuant to the Election Offences Act. It would be a dereliction of duty to ignore the numerous reports filed in relation to election offences committed. In order to maintain its independence, the Election Commission should be given the power to prosecute violators of Election Offences Act.

Aliran Monthly : Vol.30(6) Page 6 Obstruction to voters’ registration. We are alarmed campaign period. The abolition of separate postal to note the complaints of unreasonable restrictions voter lists means the police and military voters can relating to registration, such as limited forms avail- now choose to vote like civilians if they are not on able to Assistant Registrars in voter registration duty on polling days. This will eliminate fears and drives despite the fact that some 4 million eligible allegations that secrecy and free will are violated in voters have yet to be registered. Obstruction of uni- postal voting. versal suffrage is a cardinal offence against democracy. The EC must immediately remove the resis- 4. Indelible ink – We hold that indelible ink should tance to the voter registration drive or risk losing be used in all elections to prevent multiple voting. public confidence completely, thus making itself The Cabinet had in fact made the decision to do this unfit constitutionally. The EC must be seen to be in 2007 and the rumour of sabotage that was used complementing the efforts of all parties towards fa- to justify its cancellation has been proven to be com- cilitating (and not obstructing) the efficient registra- pletely baseless. The EC risks being seen as covertly tion of voters. allowing multiple voting should it insist on oppos- ing the use of indelible ink. A. Suffrage and polling B. Constituency redelineation 1. Automatic registration – We hold that all eligible voters should be automatically registered as voters 5. Minimising gerrymandering – We hold that con- upon eligibility and their status and addresses be stituencies should be delineated based on the com- updated via the synchronisation of electoral rolls munities of interests, amongst others, defined by and the national registration database. This would administrative boundaries. Therefore, no parliamen- do away with the many flaws in, and complaints tary and state constituencies should cross the relating to, the existing electoral rolls from phantom boundary of local authorities or administrative dis- voters, incomplete addresses, and address change tricts. Similarly, no local communities should be to multiple registrations. partitioned by electoral boundaries. The Thirteenth Schedule of the Federal Constitution stipulates that We are extremely concerned that the EC has rejected local ties should be respected. the idea of automatic registration of voters, particularly when this will resolve all complaints about 6. Minimising malapportion-ment of constituen- the registration process. ciesciescies – We hold that the EC must faithfully abide the instruction in Section 2, Part 1 Thirteenth Schedule 2. Lowering of voting age – We hold that all Malay- of the Federal Constitution: “the number of electors sians of 18 years old or above have the right to vote within each constituency in a State ought to be ap- and be candidates in parliamentary and state elec- proximately equal except that, having regards to the tions. They are mature enough to participate in pub- greater difficulty of reaching electors in the country lic life and greatly affected by government policies districts and the other disadvantages facing rural in education and employment. Nearly 90 per cent of constituencies, a measure of weightage for area the countries in the world now – including our ought to be given to such constituencies.” The rural neighbours Indonesia, the Philippines, Thailand weightage is not a licence for the EC to manipulate and Cambodia – have adopted 18 years or above as the constituency size. That 17 out of 56 state con- the voting age. There is no reason we should be left stituencies in Selangor or 30 per cent have more vot- behind. ers than Selangor’s smallest parliamentary constituency Sabak Bernam in the 2008 elections shows that 3. Absentee voting for all – We hold that the current the EC has blatantly violated the constitutional pro- separate postal vote list should be abolished but all vision in the last constituency redelineation exer- voters – civilians or members of security forces, cise. We demand that in the coming redelineation whether home or abroad – should be able to opt for exercise, the EC should ensure that in no instance absentee voting if they have valid excuses and ap- can any state constituency have an electorate larger ply to do so before nomination day. This is perfectly than the 50 per cent of the electorate of the smallest possible with automatic registration and a longer parliamentary constituency in the same State.

Aliran Monthly : Vol.30(6) Page 7 C. Contestation and media they change their party affiliation, they have the duty to resign and seek a new mandate. Removing these 7. Meaningful campaign period – We hold that the obstacles would take away the excuses of party hop- EC should stipulate a campaign period of not less ping without resignation by elected representatives. than 21 days period. A longer campaign period would not only allow voters more time to gather 12. Administrative neutrality – We hold that the EC information and deliberate on their choices, it would must propose for the Election Offences Act to be also reduce the election tension as the parties would amended such that no major and non-urgent deci- have to stretch their resources for a longer period. sion including development projects and funding Twenty-one days is not unreasonable as the British can be made by Federal, State and Local govern- Colonial Government granted a campaign period ments concerning the nation, a state or a parliamen- twice as long, 42 days, in the first national elections tary or state constituency after the Parliament/State in 1955. In future, the EC should propose that the Legislatures are dissolved or the seat is declared Elections Act be amended to such effect. vacant.

8. Free and fair media access – We hold that for the 13. Restoration of local government elections – We next general elections, the EC should press for the hold that the EC should cooperate with any international broadcaster, Radio and Television Malay- ested State governments to restore local elections in sia (RTM) to allocate airtime proportionately for all the spirit of Article 113(4) of the Federal Constitu- political parties that contest more than three seats tion. The EC must not act in violation of what the and organise a televised prime-ministerial debate Constitution demands of it. along the lines of what was held in the United King- dom in May 2010. The EC should propose that the F. Electoral administration Elections Act to be amended to compel the state- owned media to provide free and equal coverage for 14. Full judicial scrutiny on election petitions – We all political parties; and private media to provide hold that the EC should propose for the Election fair access. Offences Act to be amended so that election petitions can be filed on all grounds of electoral ma- D. Election Finance nipulation. The Act was amended in 2003 to the effect that the integrity of electoral rolls can no longer 9. Control of party expenses – We hold that the EC be challenged in a court of law. must propose for the Election Offences Act to be amended so that expenses such as advertising cost 15. Right to observe elections – We hold that the EC incurred by political parties will be accounted for must prepare a transparent and inclusive guideline on pro-rata basis as part of the candidates’ election for domestic and international observers to be regis- expenses. tered for the coming elections. The EC should also propose for the Election Act to be amended to pro- 10. Public finance of party expense – We hold that vide for the right to observe elections. the EC should call upon the Federal and State Gov- ernments to financially support all political parties Issued by: based primarily on vote share in the previous elec- Ambiga Sreenevasan tions. Chairperson

E. Multiparty democracy* For and on behalf of BERSIH 2.0 (Coalition for Clean and Fair Elections) 11. Right to contest elections after resignation – We hold that the EC should propose to the Federal and Endorsed by 60 civil society groups State Governments to remove obstacles in the respective constitutions so that elected representatives may The above memorandum has been presented re-contest in elections after resignation. Most elected to the Election Commission representatives are elected on party tickets. Should

Aliran Monthly : Vol.30(6) Page 8 MARGINALISED COMMUNITIES Orang Asli struggle for customary lands continues It is high time that the government thinks ‘out of the box’ and explores the notion that Orang Asli progress lies in empowering Orang Asli over their customary lands by Yogeswaran Subramaniam

vents since the 17 March and six acres of plantation lands velopment schemes proposed in EE Orang Asli protest and up to a quarter of an acre for the 10th Malaysia Plan would fur- EEE against the proposed housing but at the cost of losing ther function to deprive Orang Orang Asli land titles their customary lands. It has been Asli of de facto control over these policy indicate that their land estimated that Orang Asli would plantation lands and leave them woes are far from being resolved lose almost 80 per cent of their at the mercy of the managers. and have the potential of spiral- customary lands if the policy is ling out of control. If not handled fully implemented. Orang Asli dissatisfaction with with due care by the government, the proposed policy finally mani- this situation could escalate into In addition, Orang Asli house- fested itself in the 17 March pro- an embarrassing legal tussle over holds would have to reimburse test and a lengthy objection memo the policy. the development costs of these to the government setting out Or- lands to a government-sanctioned ang Asli demands. Since then, the Under the proposed policy, each developer. The external manage- government has not yet come back Orang Asli head of household ment of agricultural development with any proposal with regard to would be granted between two projects in all new Orang Asli de- these demands. Instead, sources picture by Colin Nicholas picture by Colin Nicholas picture by Colin Nicholas picture by Colin Nicholas picture by Colin Nicholas

Indigenous communities must be empowered Aliran Monthly : Vol.30(6) Page 9 indicate that the Department of consultation, consideration and holders before the proposals are Orang Asli Affairs has merely in- feedback. tabled in Parliament”. On a tensified efforts to explain the ra- sterner note, the Bar Council op- tionale of the proposed policy and His concern is not unfounded. If posed “any attempt to hasten” the its purported benefits to Orang one were to wait until the relevant amendments to the APA “through Asli. bill is presented to Parliament, it Parliament without the benefit of might be too late. Amendments to feedback from all concerned par- On 20 May, the Peninsular Ma- legislation similar to the APA can ties after they have been given an laysia Orang Asli Village Net- be bulldozed with a simple ma- opportunity to fully consider the work, fearing that the proposed jority, a feat that is well within the proposals”. At the time of writing, land policy may be implemented power of the Federal government. the relevant documents in relation without meaningful consultation to the policy are not publicly avail- with the Orang Asli, delivered a Genuine able. letter to the Rural and Regional consultation needed Development Minister, who is in Recent public responses regard- charge of Orang Asli affairs, reit- Such is the apprehension about ing the policy from Rural and Re- erating their objection to the pro- the lack of Orang Asli consulta- gional Development Minister posed policy. tion in respect of the proposed Shafie Apdal raise cause for con- policy and its effects on the entire cern. In the Star on 5 July 2010, the In a recent interview in 147,000-strong Orang Asli com- Minister said that the “conclusion Malaysiakini.TV, Bob Manolan, a munity that the Bar Council has from the meetings would be pre- representative of the Orang Asli stepped into the picture. In a press sented to the National Land Graduates Association, lamented release dated 24 June 2010, the Bar Council”. What ‘conclusion’ and that Orang Asli had not yet re- called upon the government to ‘meetings’ were being referred to? ceived a final draft of the pro- “make public the proposed Admittedly, there may well be Or- posed policy and proposed amendments” and “allow for a ang Asli who agree to the pro- amendments to the Aboriginal comprehensive and frank discus- posed policy. However, under Peoples Act 1954 (APA) for their sion with all the relevant stake- what circumstances did they picture by Colin Nicholas picture by Colin Nicholas picture by Colin Nicholas picture by Colin Nicholas picture by Colin Nicholas

Aliran Monthly : Vol.30(6) Page 10 agree? Conversely, there are also readiness to amend policy pro- deemed as confusion or a lack of many Orang Asli who oppose the posals in the light of information understanding on the part of Or- policy but have not been repre- received. This is common knowl- ang Asli but more of a concilia- sented at these ‘meetings’. edge and there is a growing num- tory way of putting views forward ber of Orang Asli who are aware to a government that has extraor- In a report in Utusan Malaysia on of these rights. dinary powers over them. 5 July 2010, the Minister was quoted as saying that he would Moving beyond When it comes to Orang Asli, bona consult with state governments on pigeon-holing fide consultations should there- the Orang Asli land ownership fore go far beyond pigeon-holing issue. Will Orang Asli be ad- To start on the right foot, the con- Orang Asli into associations and equately represented in these consultation process must take into securing their participation. They sultations? In response to this account the particularities of Or- would engage all stakeholders statement, Gerakan’s Central Bu- ang Asli political associations. As (including human rights-based reau on Unity called upon the fed- a result of a long history of gov- NGOs) in a meaningful way. eral government to consult Orang ernment paternalism and Orang Asli in its deliberations and dur- Asli political, economic and nu- In its rush to achieve poverty ing these meetings. Experience, merical inferiority, Orang Asli eradication targets, cultural sen- however, suggests that this call methods of association and col- sitivities and particularities of the may be wishful thinking on the laboration when confronting the Orang Asli community should not part of Gerakan and other like- government are fluid with fine be ignored. General assumptions minded Orang Asli. lines being drawn between dis- and formulae likening them to sent and agreement. As one Or- other marginalised communities Raja Nazrin Shah could not have ang Asli explained to me, “It is not may well produce adverse results. been more lucid when urging the easy to tell the government they government to consider the views are wrong when you are reliant It is high time that the government of Orang Asli before implement- on them for assistance. One has thinks ‘out of the box’ and ex- ing development programmes af- got to be smart about these mat- plores the notion that Orang Asli fecting them recently. He said ters and wait for the right time to progress lies in empowering Or- “their culture and ways of think- voice out matters.” ang Asli over their customary ing should serve as guidance”. lands. As it stands now, this con- To illustrate, thunderous ap- cept has failed to find acceptance This is not an idealistic plea. ‘Free plause for a politician who visits with the federal policy-makers. In prior and informed consent’ of a village does not necessarily the end, it must be appreciated Orang Asli on matters affecting translate to satisfaction with gov- that continued persistence with their lands and consultations in ernment policies. By the same to- this mindset may fuel the politi- good faith are principles con- ken, Batins (heads of a settlement cal-awakening of Orang Asli who tained in the United Nations Dec- or village) who receive financial thus far have been termed as a larations on the Rights of Indigenous assistance from the government to ‘fixed deposit’ for Barisan Peoples 2007. Malaysia voted in make ends meet may not be so Nasional votes. q favour of this declaration twice candid about their settlement’s without any reservations. From a grouses. The membership of an purely legal perspective, such individual in an Orang Asli asso- Yogeswaran Subramaniam, principles should also not be dis- ciation whose representatives an Advocate & Solicitor, is regarded in view of the fiduciary have a particular view about a gov- pursuing a doctoral thesis in duty that the government owes ernment policy does not mean the reform of Orang Asli land Orang Asli. In this regard, it that the individual supports the rights at the Faculty of Law, should be understood that a genu- association’s view. In many an University of New South ine consultation process for a pro- instance, the contrary is true. Wales, Sydney. This article posed policy does not involve the was written on 15 July 2010. promotion of the policy but a These complexities should not be

Aliran Monthly : Vol.30(6) Page 11 ALIRAN DINNER People first, democracy now! Democracy only works when people claim it as their own by P Ramakrishnan

n a democracy worth its II name, it’s the people III who come first. The government exists for them and not the other way around as is happening now. We are made to believe that the people are there to do the government’s bidding. The government actually tells you that.

You vote for my man on Sunday, you will get a cheque on Monday. That’s what they told the voters in Ulu Selangor. In Sibu they told Rama: Give serious thought to alternative government the voters, “You elect my man, I will pay for the flood mitigation tury they failed us miserably; they the Lord President unjustly and project” - otherwise you can disappointed us blatantly with- made victims of two honest and drown in the flood for all I care! out a care or thought for the wel- brave judges of the Supreme Court fare of the nation and its people. who stood up for justice. In other words, you will be re- warded if you serve the ruler; oth- They did whatever they wanted Our judiciary was once regarded erwise you will be punished. They to, without being accountable for as a bastion of justice. It was a well- don’t govern the country any more their actions simply because the respected institution of integrity – they rule over you; they lord over police, the judiciary, the anti-cor- in the Commonwealth. But alas, you. ruption commission, even our it is now totally discredited and mainstream media and others are ridiculed. We can even predict Is this what democracy is all no longer able to function profes- certain judgments even before about? sionally and in an unbiased man- they are pronounced. ner in the larger interest of the 53 years of nation. Notions of justice and fair Certain judges don’t even seem to disappointment play are no longer the cornerstone know the law. They dispense judg- of our society. ments that are baffling and ab- For 53 years, we have been ruled - surd. We witnessed these weird not served; for 53 years we have Tun Dr Mahathir made sure that instances in numerous cases. been kept apart through policies truth and justice will not be part that discriminate against the citi- of the fabric of our society. He de- In the Perak crisis, the provisions zens; for 53 years they failed to stroyed the judiciary in 1988 and of the Federal Constitution were forge a nation rooted in justice and we have not recovered from that completely ignored; in the truth. For more than half a cen- shameful onslaught that removed Kampung Buah Pala case, we wit-

Aliran Monthly : Vol.30(6) Page 12 tals have been cut drastically re- sulting in shortages of vital medi- cines. But we have funds for build- ing a new parliament.

Why do we need another Parlia- ment when we already have one that is rich in history, serving as a national symbol of democracy for nearly half a century?

We should not even think of moving into the Putrajaya Interna- tional Convention Centre, which has come to symbolise one of the Youth band Freeloaders Inc in action many failed projects that has cost the taxpayers unnecessary colos- nessed an absurd situation when the MACC is there to protect the sal expenditure. a piece of land was sold for pit- BN and harass the Pakatan tance by the former BN Penang Rakyat. A new Parliament should not be state government when that land used as an excuse to save or res- did not belong to the state govern- If we are privy to information cue Putrajaya ICC. The Malaysian ment – this very important fact about corruption and abuse of our voters should punish the BN at was strangely never addressed by money that has surfaced lately, it the next election if it dares to go the court; in the cases involving is not because of the ACA becom- for another Parliament completely conversions that deliberately dis- ing MACC. It is because of the dismissing public sentiments. rupted families and separated change of certain state govern- mother and child, the verdicts of ments. Why do we need another palace the judges were absolutely unfair. when we already have the Istana For over 50 years, the books had Negara and another palace in In the case of Anwar Ibrahim, the been closed to the rakyat. Alarm- Putrajaya? We can safely assume courts have totally discredited ing information has been pre- that His Majesty the Yang Di themselves in the way they have served and protected through the Pertuan Agong had not de- denied Anwar access to vital in- use of the OSA. Not any more. manded for yet one more palace. formation that is crucial for his Exco minutes no longer remain a defence. state secret. They can be revealed; People were fooled into thinking the abuse, the corruption, the lies that a new dawn in race relations Rampant corruption, - all can be exposed now. had arrived when the Prime Min- wastage – ister announced his 1Malaysia and a false dawn The wastage and squandering of with much fanfare. For a moment, the national wealth is amazing he made Malaysians believe that Corruption is rampant and the and bewildering. While there are at long last we have come to our MACC does not come across as moves to remove subsidies and senses. He spoke of equal oppor- an impartial institution that can reduce scholarships due to lack tunities based on ethnic harmony, be depended upon to curb corrup- of funds, we seem to have endless national unity, and efficient gov- tion. The speed with which it funds for opulent lifestyles and ernance. moves to investigate those op- extravagant expenditure for put- posed to the BN as compared to ting up buildings that cost hun- But it was rather unfortunate that the dragging of feet when corrup- dreds of million ringgit. almost immediately, it was sun- tion involves BN leaders and min- set for 1Malaysia when his isters makes you wonder whether Shockingly, allocations to hospi- Deputy declared, “I’m Malay

Aliran Monthly : Vol.30(6) Page 13 Marion D'Cruz: ‘A change is gonna come’ Array of alternative publications first.” He put a stop to our progress refreshing. We have got a Speak- conduct ourselves even-handedly. in race relations and came across ers’ Square, stadiums for massive as supporting Ibrahim Ali’s gatherings, ‘tak nak ISA’, a more Let me make a personal appeal to Perkasa, which is strident about lively and vibrant parliament, ac- all of you. The Aliran Monthly in Ketuanan Melayu. countability for past misdeeds, its 30th year of publication needs Balkis misuse of funds and jun- your support urgently. The hassle 1Malaysia notwithstanding, it is ket trips exposed. These were of collecting payment from dis- clear that under the BN we will never possible before the tsunami tributors, coupled with poor sales never be united as a people and brought in the change. and spiralling printing costs, has as a nation. The BN is not capable forced our hand to do away with of genuinely reinventing itself. We Let’s give a serious thought to an street sales of the Monthly. will remain divided and alternative government. Let’s not compartmentalised in our own be put off by the internal squabbles As from 1 January 2011, the Aliran communities because this situa- in the Pakatan Rakyat, which is Monthly cannot be bought off the tion suits the BN. being played up by the main- shelf in stalls and bookshops. But stream media to give an edge to it will be available to those who We must never fall into this trap. the BN. subscribe to the magazine.

Hope for complete There is still hope for complete I encourage all of you to subscribe change change. Please do not think that to the Aliran Monthly. Get your we are anti-BN. We are not. Any friends and relatives to subscribe Democracy only works when ruling party whatever its colour as well. Meanwhile don’t forget people claim it as their own. But, and shade must conduct itself re- to visit our website regularly, as the Aliran Singers tell us, de- sponsibly, solely in the interest of check out our Thinking Allowed- mocracy means you have to get off the people. Online in particular. q your backsides! In keeping with this policy, we In this regard, it is important to give fair warning to any future PR usher in a two-party system for government. We will be just as Malaysia. In a two party system, critical of the Pakatan Rakyat This is an abridged ver- we can expect them to behave re- when it reaches Putrajaya. It sion of the address by sponsibly or else they will get the makes no difference who governs Aliran president P boot, for sure. this country. If they are wrong and Ramakrishnan during an at fault, if they do not walk the talk Aliran fund-raising din- It is refreshing to note that after about people first, democracy ner at the PJ Civic Centre half a century of monolithic rule now, the PR government too will on 26 June 2010 by the BN, we are witnessing be equally criticised and con- changes that are interesting and demned. Rest assured, we will

Aliran Monthly : Vol.30(6) Page 14 ALIRAN DINNER

Rededicate ourselves to the struggle

People First means Ketuanan Rakyat: we believe to achieve multi-ethnic New Politics that it is the people who should shape our poli- characterised by participatory democracy, tics, manage our economy and build our na- social justice, accountability and transpar- tion. No one leader, political party or coalition, ency is an ongoing one. But without the par- and definitely no one race should be dictating ticipation and support from ordinary people, terms or policies to the Rakyat. this goal will not be achieved.

Today, we the Rakyat are faced not only with Since its formation in Penang on 12 August an increasing level of politicised racism and 1977, Aliran has persevered towards its vision bigotry but also the blatant promotion of neo- of a Malaysian society imbued with universal liberal globalisation by the elite ruling class, values like justice, freedom and equality for all profiteering cronies and exploitative investors. regardless of gender, ethnicity and religious The struggle for justice and sustainable devel- background. For 33 years, we have challenged opment for the Rakyat, especially the poor re- the dominant political, social and economic de- gardless of ethnicity, religion and gender has velopment orthodixies and provided alterna- become that much harder as the gap between tive ideas and analyses. the rich and the poor widens. Our critical thinking on the pressing issues of People First means that we the people must be the day has been put foward in talks and fo- able to live with dignity — with proper jobs, rums and carried in Aliran Monthly (now in its decent wages, access to affordable health care, 30th year of publication!). Earlier this year, we a clean and safe environment, quality educa- launched a ‘Thinking Allowed online’ section tion, and space to learn and promote our vari- on our website (www.aliran.com), which fea- ous cultures and religions. Indeed, People First tures our daily commentaries on current affairs. also means accepting our differences and safeguarding basic rights. For all this to happen we By networking and collaborating with like- must encourage political education and partici- minded NGOs, as well as, reaching out to those pation. who think differently, we hope to consolidate Malaysian civil society and expand the autono- Democracy Now complements People First. It mous public sphere to provide more space to is about creating room for public participa- debate alternative ideas and gain insights about tion, not just during elections, but also in be- our past, our present, and our future. tween elections. It is about breaking the shackles of coercive laws including the In- On this merry occasion, we re-dedicate our- ternal Security Act, the Printing Presses and selves to the struggle People First, Democracy Publications Act, the Universities and Uni- Now! and invite all of you to join us. For your versity Colleges Act and the Official Secrets presence here tonight, for your continued sup- Act. It involves encouraging public partici- port for Aliran, the Aliran Monthly and our pation in good governance and democratic website, and for journeying with us in the practices. In the quest for Democracy Now, we struggle, we thank you. Enjoy the evening. welcomed the results of the 2008 elections, which we hope will open the way towards a Aliran Executive Committee two-party system. It is clear that the struggle 26 June 2010

Aliran Monthly : Vol.30(6) Page 15 ALIRAN DINNER A change is gonna come An Aliran fund-raising dinner that rekindled in us a sense of renewed hope that the future will bring about a people’s government where democracy really means something by Wong Soak Koon

he Petaling Jaya Civic out in force in spite of the fact that state of the country. Some had TT Centre was rapidly fill- an important World Cup football come from as far as Singapore; TTT ing up as friends, well- game was to be on that night. some perhaps even further. What wishers and donors was even more encouraging was took their places at the dinner As Rama, the Aliran President the number of young people. An tables on 26 June 2010 for the aptly put it, “It is with a great inter-generational dialogue may Aliran Fund-raising Dinner. All sense of satisfaction that I stand be at work here and clearly many tables had been taken and the in front of you. Not because we of our young citizens are not only public had donated generously, have a full house tonight but be- interested in material goods and perhaps knowing full well that cause I’m among friends who the Bursa Saham. They do care Aliran’s struggle is transparently share our dreams and hopes for about justice, fairplay and democ- supported by public donations the nation.”As one looked racy. and the sale of Aliran Monthly. It around the hall, one could see Ma- was most heartening to see the laysians of different races, both The audience was in for a treat as banquet hall packed to capacity men and women, mingling and the organisers had planned a with Malaysians who had turned exchanging reflections on the good balance of the serious and

Aliran Monthly : Vol.30(6) Page 16 the funny with entertainment by performers like ‘The Freeloaders Inc.’, Shanon Shah, Marion d’Cruz ( who recited a poem com- posed for the occasion by Kee Thuan Chye), Elaine Pedley, Judimar Hernandez and not least, “The Aliran Singers”, a group who is fast gaining appreciative audiences although they rarely perform and should not be giving up their day jobs yet. I shall report more on this most fascinating segment of the evening later. Saari Sungib, Mat Sah Satray and Norlaila Othman “Get off your worthy to the listening audience called how he learnt about social backsides!” was Rama’s reminder to both the justice and people’s rights at his incumbent and the opposition parents’ knees, as it were. Rama, as President of Aliran, that Aliran is non-partisan. We Schooled from young about the gave us much food for thought in would criticise and attack corrup- values of democracy, he was one his speech. Underpinning his tion wherever it may be found in among other Aliran members’ criticism of declining standards this beloved land of ours. Those children who helped out at this in the Judiciary and in bodies like in the audience who are already event. Together with other young the MACC, his remarks on the familiar with Aliran’s bent would volunteers and diners, they tes- mismanagement of the country’s know this but to many of their tify to our young citizens’ desire economy, etc., was the main friends who may not, Rama’s for change (for transparency, jus- theme of his critique, which was words are explanatory and tice and equity). This is also fair that the leaders think they rule timely: “Please do not think we warning to the powers-that-be the people, not serve the people. are anti-BN. We are not. Any rul- that they dismiss the young at Thus the dinner’s slogan: “People ing party whatever its colour or their own peril. It should also in- First, Democracy Now” is a wake- shade must conduct itself respon- dicate to these same powers that up call to the powers-that-be not sibly solely in the interest of the no amount of brain-washing, in to take us for granted as well as a people. In keeping with this schools or in other national reminder to fence-sitting citizens policy, we give fair warning to programmes, can take away the to (as Rama colourfully put it) any future PR government. We independent thinking of critical “get off your backsides!” Refer- will be just as critical of the young people. ences in the speech to ethno-rac- Pakatan Rakyat when it reaches ists like the Perkasa gang remind Putrajaya.” This speech certainly The dance performance by Elaine us how fragile harmony can be if gave us food for thought while we Pedley and Judimar Hernandez mature-thinking men and women enjoyed the eight-course dinner. captured the spirit of the poem by of Malaysia do not speak out Kee Thuan Chye, which was very against rabid racists. As I looked well read out by Marion d’ Cruz. around at the goodwill I could see Another political A change must come as the poet’s as Malaysians of different races, tsunami use of nature’s powers, for ex- religions and creeds sat down to The night’s entertainment began ample, a flood, reveals. This uni- share delicious food, I silently with a young band, “The Free- versal image reinforces the warn- prayed that we never allow the loaders Inc.”, whose lively music ing of another political tsunami. unscrupulous to drive wedges added to the enjoyment of the Far be it for me to underestimate between us. evening. The lead singer, the intelligence of the dinner au- Shazwan, the son of an Aliran dience by doing a lengthy expla- What must have been very note- Exco member, Dr Mustafa, re- nation of the poem here as I am

Aliran Monthly : Vol.30(6) Page 17 make bright the light / that shines for Umar on his nightly rounds / as he seeks out the hungry and cares for the weak”. Umar or Farooq the Great, the second Ca- liph of the Rashidun Caliphate, was noted for justice and, in addition, for his astute and transparent management of the empire’s finances. His modest, even austere lifestyle (no big pal- aces for him) is a timely rebuke to those in power who nightly dream of larger mansions and A warm welcome bigger imported cars. very sure they caught the call for history. What is more significant, In the last verse of the poem, the sweeping changes in this coun- Hammarubi’s Code was written in reference to Ashoka’s wheel try. Unlike our government, who the daily language of Babylon takes us back to Ashoka, the at times seems to think that our and could therefore be read and Emperor of the Maurya Dynasty citizens have no brains left, I feel understood by any literate person who ruled the Indian subconti- the audience could catch the quite unlike some of our Acts and nent from 269 to 232 BC and the cross-cultural references in the laws which are so convoluted in famous Ashoka’s wheel whose poem. Nonetheless, I would like language that they are near im- twenty-four spokes represent to comment more fully on some of possible for the layman to com- the values which good leaders the allusions used in this poem prehend. In addition, it would be should possess such as courage, good for present-day courts to re- selflessness, justice, wisdom, I cannot do full justice to Thuan member that even in humility and not least, love for Chye’s poem here but I would like Hammarubi’s time, the code all beings. And the line in Thuan to point out that all the key fig- foregrounded the presumption of Chye’s poem which reads, “Mar- ures alluded to in the poem, who innocence until proven other- tin will see the promised land” were from different ages and cul- wise. alludes to Dr. Martin Luther tures, were very similar in their King’s speech titled “I see the concern for justice and for the Yuanzhang in the second verse Promised Land” given on 3 marginalised and therefore still of the poem, also known as Hung- April 1968 at Memphis (a day speak resonantly to us today. wu Ti ( the Hongwu Emperor ) before his assassination) where Gilgamesh and Utnapishtun, the was the founder and first emperor Dr King asked for resilience and two figures in the Sumerian epic of the Ming Dynasty of China. determination in the struggle for still speak to us from out of the Noted for his concern for the equal rights for African-Ameri- mists of Sumerian history (2100- poor, especially struggling peas- cans. In his opening words, Dr. 2000 BC) telling us of the destruc- ants, as he himself came from an King praised his audience for tion of the corrupt in the flood impoverished peasant family, their determination to bring waters. What are indestructible Yuanzhang drafted a code of laws about a change for the better. He and immortal in men and women known as Da Ming Lu to protect can sense that “something is are their good deeds. The line “re- the rights of the poor. In this poem, happening”- a storm of change store the order of Hammurabi” re- Thuan Chye skillfully conjoins will overcome oppression and fers us back to Babylon where, as Yuanzhang’s concern for the injustice. Unlike Dr. King who the first king of the Babylonian poor and Caliph Umar’s care for perished before he could enter Empire (1792-1750 BC), the disenfranchised. Umar is said the promised land as it were, the Hammarubi established the first to have sought out the poor on his poet is optimistic that we Ma- written code of law in recorded nightly rounds: “Yuanzhang, laysians would see it.

Aliran Monthly : Vol.30(6) Page 18 The Aliran Singers strutting their stuff Andrew Aeria in full flow

waiting for and the evening was brought to a close by an encore after calls of “more” from the audience.

A rewarding time was had by all, not only because of the good food and the fascinating performances or the thought-provoking speech but because there was rekindled in us a sense of renewed hope that the future will bring about a people’s government where democracy really means something. Rocking with Shazwan and the Freeloaders Inc. In ending this record of the evening I can do no better than to Humour in song Mia”, they made the audience al- use Caliph Umar’s words to those most double-up with laughter. in power: Marion d’ Cruz’s recitation Perhaps a sample of their songs brought added vigour to the will illustrate why we enjoyed “Remember I have not appointed you poem’s promise of a better future their performances so much. The as commanders and tyrants over the for our country and in the last per- following song - sung to “The people …..Do not shut your doors in formance of the evening, “The Winner Takes it All” - mocks a their faces… and do not behave as if Aliran Singers” brought home to certain ex-Minister: you were superior to them, for that is us, with humour and in their in- tyranny over them.” q imitable way, the need to do our I don’t want to talk part. About Sungai Siput Though it’s hurting me Wong Soak Koon, former I have always enjoyed “The Now it’s history..... Aliran Exco member, now Aliran Singers” in their annual resides in PJ, after many performances at Aliran dinners. Space does not allow me to write years of teaching in USM. Using music from the ABBA more about their hilarious lyrics. group featured in the film, “Mama “The Aliran Singers” were worth

Aliran Monthly : Vol.30(6) Page 19 The Aliran Singers movin'-and-a-shaking while belting out a parody of Malaysian politics in song. Aliran Monthly : Vol.30(6) Page 20 They proved to be a hit with the crowd - but they will not be giving up their day jobs anytime soon! Aliran Monthly : Vol.30(6) Page 21 AA nightnight toto rememberremember Aliran Dinner 26 June 2010

The Aliran Klang Valley and Penang organising team members celebrate

Aliran Monthly : Vol.30(6) Page 22 REGIONAL Cheonan sinking and new Cold War in Asia Now is the time to find a way to prevent a confrontation on the Korean peninsula by Wooksik Cheong

hile there was a huge im- WWW pact on the sinking of the WW Cheonan ship on 26 March, there is also a significant impact on Northeast Asia as well. “The flapping of butterfly’s wings in Brazil can bring about a disastrous tornado in Texas.” Like the butterfly effect, the Cheonan incident poses a danger of triggering a cold war in Northeast Asia.

Relations between the North and South, which returned to the Cold War era after President Lee Myung-bak took office, are turn- ing into a fierce confrontation after the Cheonan incident. South Korean allies, the US and Japan, are actively supporting the Lee administration and trying to raise North-South relations have soured after Lee Myung-bak took over the level of pressure and sanctions on North Korea. However, US, and Japan, which are attempt- ferent perspectives of geopolitics North Korea’s long-time friends, ing to push North Korea into the in Northeast Asia. The Obama China and Russia, which also corner on account of the Cheonan administration’s ambition of adopted an equal distance diplo- incident. Ostensibly, it can be said making allies with Northeast macy towards both North and that a confrontational structure is Asian countries in order to re- South Korea after the Cold War, re-emerging. strain and contain China has capi- have quite different responses. talised on the Cheonan accident They raise questions on outcome Geopolitics and succeeded in restoring the of the Lee admini-stration’s US-Japan alliance. The US has Cheonan investigation, express- The imbalance in the six-party realised the original bill of reloca- ing awareness to South Korea, talks can be explained by the dif- tion of the Futenma air base

Aliran Monthly : Vol.30(6) Page 23 within Okinawa, which was the “calmness and restraint”, men- the Cheonan incident’. On the ‘hot potato’ between the US and tioning that retaliation against the other hand, the US is trying to Japan. Though Japanese Prime North will result in increasing ten- approach this with a two-track minister Hatoyama resigned, the sion including military confron- approach. It is trying to reach the Cheonan incident was used as a tation. conclusion that the North is guilty method to calm down the opposi- and to push forward with de- tion in Japan caused by accepting These responses from China and nouncement and sanctions US demands. Also, the US has got Russia, adjacent to the North Ko- against North Korea. Further- the “bond” and this will lead the rean border, are based on con- more, it is expecting US-South Korea alliance to the cerns that the imminent state in denuclearisation on the Korean way the US wants. the Korean peninsula could un- peninsula through six-party talks. dermine their critical interests. The US’ diplomatic dogma In addition, a South Korea-US Unlike Japan, which is between against hostile nations, dealing joint naval exercise, which is ex- the Korean peninsula and east with both ‘sanctions and dia- pected to kick off in West Sea, is sea, or the US near the Pacific, logues’, can be confirmed in the seen as military restraint against China and Russia are consider- Cheonan incident. China as well as armed protest to- ing the geopolitical implications. ward North Korea. So China is This is why China and Russia are However, it can be said that not seriously responding to this is- keeping an eye on the conflict in only South Korea’s single track but sue. One of the Chinese national the Korean peninsula. Surpris- also the US’ two-track approach newspaper editorials, titled “Yel- ingly, however, the South Korean cannot be successful. The two low Sea no place for US carrier” government, which is right next tracks - ‘carrot and stick’ and mentions that “the deployment of to the demarcation line close to ‘sanctions and dialogues’ - will a carrier off China’s coast is a the North, does not care about this definitely cause similar reactions provocation that will generate imminent situation much more from the North. North Korea has hostility among the Chinese pub- than the US and Japan do and it reacted against South Korea, US, lic towards the US.” China’s per- is getting ready to fight against Japan with the slogan of “Con- spective is well presented in this North Korea. This attitude is frontation as confrontation, dia- part. It is a warning sign toward based on a significantly danger- logue as dialogue”. Moreover, the US-led Northeast Asia alli- ous ‘strategic miscalculation’ that North Korea has been demanding ance system, which seems to have is recognised as ‘reunification that the lifting of sanctions be con- become strong and rigid on ac- through absorption’. ditional on the resumption of six- count of the Cheonan incident. party talks. In this situation, if US on two tracks, there are some additional sanc- The fundamental problem is that South Korea on one? tions on the North, which argues even if the six parties say they its innocence, or if a statement de- want “peace and stability in The Cheonan accident has a criti- nouncing North Korea is adopted Northeast Asia”, there is a huge cal impact on the six party talks from the UN Security Council, we difference in ways and methods. as well. First, North Korea, China can hardly expect the possibility The US, Japan, and South Korea, and Russia are generally positive of the resumption of six-party the three nations that concluded with the earliest resumption of the talks. Once the UN Security Coun- that North Korea was a suspect six-party talks; however, South cil adopts a statement denounc- in the Cheonan incident, claim Korea, the US, and Japan are ing North Korea again, it is likely that taking strong action against adopting a passive attitude to- that North Korea, which gave us North Korea will help both the wards the six-party talks on the a warning of a ‘ultra hard line ac- Korean peninsula and Northeast Cheonan incident. Of course there tions’, will counter by launching Asia achieve peace and stability. is a difference. South Korea is go- long-range rockets or with a third On the other hand, China and ing towards one track of Cheonan nuclear test. Russia, nations having huge diplomacy, which is under the doubts about the outcome of the strong basis of ‘No need to resume The concern that the Cheonan investigation, are demanding six-party talks without solving tragedy might lead to new cold

Aliran Monthly : Vol.30(6) Page 24 war in Northeast Asia is just an demarcation line is the ‘dividing There have to be new ways of idle fear, and it is better for it to line’ of the Korean peninsula and thinking that the Cheonan remain as an idle fear. There are ‘the line of the balance of power sinking is emphasising the three things that need to be re- in Northeast Asia’. In this sense, necessity of constructing a resolved: it is geopolitically impossible to gime that upholds peace and say that peace and stability in denuclearization on the Ko- First, is to reinvestigate the cause of Northeast Asia can be maintained rean peninsula with the earli- the Cheonan sinking. Not only without getting rid of unstable est resumption of six-party North Korea but also China and inter-Korean relations. talks. Now is the time to find Russia are raising questions on the way to prevent a confron- the outcome of the Lee Third is the resumption of six- tation on the Korean penin- administration’s investigation. In party talks within the earliest pos- sula and a new Cold War in this situation, the matter will get sible time. There has to be con- Northeast Asia. q worse if the US, South Korea and tinuous investigation of the Japan force North Korea with de- truth of the Cheonan incident, nouncements and stringent sanc- and it is obvious that it will take Wooksik Cheong is a rep- tions against the North. Some say a huge amount of time to get to resentative of the Peace that it is more realistic if there is a the truth even if the joint inves- Network in Korea joint investigation team from tigation team of four nations North and South Korea, US, and works together. In this sense, Source:Source:Source: China. carrying out investigation into http://peacekorea.org/zbxe/ Cheonan first and then holding 45895#045895#045895#0 Second is normalising inter-Korean six-party talks afterwards is not relations as soon as possible. The an appropriate approach.

Aliran Monthly : Vol.30(6) Page 25 REGIONAL Thailand in darkness

Revoke Emergency Declaration and restore human rights and rule of law in Thailand

e, the undersigned organisations, groups wide powers that include prohibition of move- WWW and networks, are extremely perturbed ment, assembly, peaceful protest, freedom of ex- WW about the deterioration of human rights pression, flow of information, restriction on press and universally recognised freedoms in freedom, arrest and detention without trial for up Thailand . to 30 days, power to summon persons to go to the authorities and/or to produce documents, power In response to people’s exercise of their freedom of to violate privacy of personal communications expression, opinion and peaceful protest, the gov- and to suspend any contact or communications. ernment of Thailand responded with force and violence that to date has resulted in about 88 deaths, The United Nations Human Rights Committee the majority of whom were civilians, and injured that considered Thailand’s Emergency Decree some 1,800 people. and in their report [CCPR/CO/84/THA/2005] did say that it does not explicitly specify, or place On 7 April 2010, the Thai government invoked sufficient limits, on the derogations from the rights Thailand’s Emergency Decree on Public Adminis- protected by the Covenant [International Cov- tration in Emergency Situation, B.E. 2548 (2005), and enant on Civil and Political Rights] that may be placed Bangkok and 23 other provinces under a State made in emergencies and does not guarantee full of Emergency, allegedly to deal with the peaceful implementation of article 4 of the Covenant. It is anti-government protests led by the United Front especially concerned that the Decree provides for for Democracy against Dictatorship (UDD). The red- officials enforcing the state of emergency to be shirt protest was crushed by the Thai government exempt from legal and disciplinary actions, thus using the military on 19 May. On 6 July, the Thai exacerbating the problem of impunity. Detention government has unreasonably extended the state of without external safeguards beyond 48 hours emergency in 19 provinces, including Bangkok cit- should be prohibited (art. 4). As the Emergency ing, the reason for doing so as “to prevent possible Decree has not been amended, these observations violent or unlawful activities”. are still valid today.

On 13 July, the Thai government announced that On 18 July 2006, the UN Special Rapporteur on the emergency decree in the three southern border extrajudicial, summary or arbitrary executions, provinces of Pattani, Yala and Narathiwat would issued a press release calling on Thailand “to be extended by another three months, from 20 July repeal emergency regulations that violate human 20 to 19 Oct. These regions have been under a state rights law”. The Special Rapporteur also noted of emergency for the last five years. that the government had “failed to act on previous calls to bring its emergency regulations into Thailand’s Emergency Decree compliance with human rights law” and that “the on public administration in emergency decree makes it possible for soldiers emergency situation and police officers get away with murder. Impu- nity for violence committed by the security forces The declaration of a state of emergency allows has been an ongoing problem in Thailand, but the Prime Minister and his Council of Minister the emergency decree has gone even further and

Aliran Monthly : Vol.30(6) Page 26 makes impunity look like the official policy.” government’s Centre for the Resolution of Emer- gency Situations (CRES) has applied restrictions Arrest and detention on free expression rights both in the area where an emergency situation has been declared and The government, using the powers it has under throughout the entire country. There are reports the Emergency Decree, has arrested and detained that more than 1,000 websites, a satellite televi- over 400 persons without charge for up to 30 days sion station(PTV), online television channels, in unofficial places of detention. The Emergency newspapers, magazines, and community radio Decree removes the right to challenge a detention stations have been closed down. before a court (habeas corpus). Moreover, the Emergency Decree fails to provide sufficient pro- PTV (also known as People Channel), a satellite TV tection to prevent abuse and mistreatment. Un- station, has been closed under the state of emergency. like Thailand ‘s Criminal Procedure Code, the Emergency Decree provides no assurance of The government had also blocked at least 36 prompt access to legal counsel and family mem- websites under the state or emergency including bers, or effective judicial and administrative safe- Prachatai (www.prachatai.com), Sameskybooks guards against the mistreatment of detainees, as (www.sameskybooks.org), Norporchorusa required by international law. (www.norporchorusa.com) and Weareallhuman (www.weareallhuman.net). It is said that the order What is most disturbing is that these arrests are came from the Ministry of Information and Commu- still continuing, and it has now extended to per- nication Technologies (MICT). Any attempt to ac- sons who were not even directly involved in the cess the affected sites from within Thailand yields unrest but also persons who have expressed some the message “This website has been blocked by ICT opinion on the situation in Thailand. Human & TOT”. Rights Watch recently also stated that they have received disturbing reports that journalists, pho- The recent violence has also resulted in the deaths tographers, and medical volunteers have also of two foreign journalists, Hiroyuki Muramoto been ordered to report to the authorities after they and Fabio Polenghi and injuries to at least eight publicly stated that they witnessed abuses com- other journalists. The recent Investigation Report mitted by the security forces. issued by Reporters Without Borders in July 2010 entitled ‘Thailand: Licence to Kill’ raises many The numbers of persons that have been arrested by unanswered questions about the actions of the reason of a violation of a Regulation, Notification or Thai military and other unidentified persons dur- Order under the Emergency Decree, which is an of- ing the recent unrest. It is disturbing to note that fence that, if convicted, carries a penalty of impris- autopsies are still not available, and investiga- onment for a term not exceeding two years or to a tions into these incidents have yet to be com- fine not more than forty-thousand baht, or to both is pleted. also not known. On 13 July, Prachatai said that as the government Press freedom and was hunting for people making comments online, it freedom of expression had decided to close the web board for the safety of users. This is yet another example of the killing of The right to freedom of expression is essential freedom of expression and violation of privacy in for the functioning of democracy and guarantee- Thailand using the Emergency Decree. ing other fundamental human rights. However, section 9(3) of the Emergency Decree allows cen- Transparency requires that the Thai government sorship for extremely vague reasons such as reveals in detail the list of websites, blogs, e-mail “causing misunderstanding of the emergency or accounts and other internet services that they have affecting the public morals of the people”, which invaded, hacked and/or tampered with in its exer- can easily be used to limit legitimate political ex- cise of the powers it has under the Emergency De- pression. We are troubled by the fact that the cree.

Aliran Monthly : Vol.30(6) Page 27 Independent inquiry As such, we, the undersigned organisations, groups and networks, call upon the government of Thai- There is a need for an independent inquiry into all land to: the deaths, injuries and damages to property caused during the recent unrest. It is not proper and will be • Immediately revoke the declaration of emergen- unsatisfactory for the Thai government to have their cies in Thailand; own internal investigations, given also the fact that many of the accusation of wrongdoing seem to be • Immediately and unconditionally release all per- levied against the current government and its mili- sons detained under the Emergency Decrees; tary. It may be best that the United Nations or Asean be called to conduct an open public inquiry into the • Restore full press freedom and freedom of expres- unrest, which must definitely include separate in- sion by allowing all television/radio stations, quiries into each of the deaths and serious injury publications, media portals, and blogs, especially cases. Alternatively, an international panel of re- those that were shut down by reason of the Emer- puted persons could be tasked to do this. gency Decree and/or the recent fiasco in Thai- land, to immediately function normally without This inquiry must also try to identify the alleged any conditions and/or restrictions; armed persons, who the Thai government claims are part of the red-shirt protesters and who were the • Reveal in detail the list of websites, blogs, e-mail justification for the use of live bullets in the crack- accounts and other internet services that they down on the protesters. The inquiry must also iden- have invaded, hacked and/or tampered with in tify those responsible for damaging public and pri- its exercise of the powers it has under the Emer- vate property. The possibility that agents provoca- gency Decree, and provide adequate compensa- teur were involved must be considered. tion;

In the interim, Thailand must assure that evidence • Constitute an independent international panel is not tampered with and/or destroyed. Proper au- of inquiry to conduct an open public inquiry into topsies need to be conducted. It was disturbing to the unrest, which must definitely include sepa- note that in the case of Fabio Polenghi, the Italian rate inquiries into each of the deaths and serious photographer, his body was cremated even before injury cases; his family members were supplied with a thorough autopsy, thus depriving them of the right to request/ • Pay adequate compensation for the loss of life conduct a second autopsy. and injury to victims and/or their families/de- pendents during this fiasco; Adequate compensation for victims • Pay adequate compensation for the deprivation of liberty under the Emergency Decree; Whilst the Emergency Decree states that officials are protected from civil, criminal or disciplinary • Pay adequate compensation for loss and dam- liabilities, it does not preclude the right of a vic- age of property, including also loss of business tim to seek compensation from a government and/or income which was caused by reason of agency under the law on liability for the wrong- actions and/or omissions of the government and ful acts of officials. A closer reading states that its officials during this fiasco and/or during the these persons are not protected if their actions/ period of Emergency; omissions were not done in good faith or were discriminatory or excessive or unreasonable. • Repeal immediately the Emergency Decree on There should be no protection certainly for those Public Administration in Emergency Situation, who shot unarmed persons, and in some cases B.E. 2548 (2005) q more than once. There should be no justification for the shooting of medical personnel and members of the press. This statement was endorsed by 30 regional NGOs.

Aliran Monthly : Vol.30(6) Page 28 CITIZENSHIP Social contract: View it objectively Historical facts should be projected in the right perspective without any bias by Sivakumar

refer to the article en- was bequeathed to us by our same time it is also pertinent to titled, ‘“The Tunku, founding fathers’. reaffirm certain relevant issues re- III Merdeka and Malaysia,” garding the role played by the by V. Chakaravarthy in Althought the article was written non-Malays in achieving inde- Aliran Monthly Vol 30. No1 where in praise of the Tunku, certain as- pendence for Malaya. he stated, “Tunku was able to pects of the article, with particu- convince the Malays and they lar reference to the granting of citi- Distortion? showed their magnanimity by zenship to the non-Malays, need granting citizenship to the non – to be addressed and put in proper While the non-Malays are with- Malays in exchange for the ‘spe- perspective as the above state- out any reservation grateful to the cial position’ of the Malays .This ment is generally the theory pro- Malays for accommodating them was the social contract which pounded by the Malays. At the as citizens of this nation but to say

Aliran Monthly : Vol.30(6) Page 29 that it was by the mag- Singapore, which is self – nanimity of the Malays explanatory. that enabled the non- Malay to enjoy citizen- “Malays are subjects if ship status is, to say the born in the State. Others are least, an exaggeration subjects if born in the State and a distortion of a his- and one parent was born torical fact. Some Malay in the Federation of Ma- politicians even keep laya. Malacca and Penang, harping now and then being without Rulers, did that the granting of citi- not have any State citizen- zenship by the Malays ship. Those who came was a great favour done within the terms of the Fed- to the non-Malays for eration of Malaya Agree- which the latter should ment , 1948, recognized op- remain indebted to them eration of law, registration for life. and naturalization as methods of acquiring citi- This sentiment is also zenship of the then Federa- echoed at the Biro Tata tion of Malaya. In addition Negara (BTN) courses to all subjects of rulers hav- conducted by the Gov- ing Federation citizenship ernment where it was al- Najib: High time we dismantle racial borders by operation of law, so did leged that some Malay citizens of the United King- speakers had blatantly told the laya Agreement 1948 there was no dom and Colonies who had cer- non-Malay participants that they Federal Citizenship. One was ei- tain designated contacts with the should be grateful to the Malays ther a citizen of one of the Malay Settlements of Malacca or Penang for their magnanimity in granting states or a British citizen if resid- or with the Federation of Malaya.’’ them citizenship. It looks like even ing in the Straits Settlement states the Government is tacitly reiterat- of Malacca, Penang or Singapore. Social contract? ing this fact to the non-Malays openly. Such a preposterous state- However, by virtue of the Federa- The so-called Social Contract is a ment will not help to foster har- tion of Malaya Agreement 1948, term used by latter day Malay monious relationships between non-Malay residents in Malacca leaders like Dr Mahathir to refer the Malays and non-Malays but or Penang, who were British citi- to the reciprocal concessions will only mar the goodwill that zens, were entitled to acquire Fed- agreed to by our Malay and non- exists between them. eral citizenship automatically by Malay founding fathers to safe- operation of law. Thus the acqui- guard the interest of the respec- First of all, the Malays do not have sition of citizenship by the non- tive communities, as a sequal to the legal authority to grant citi- Malays by operation of law is a independence. Only our founding zenship to others as the granting vested right under the Constitu- fathers would know exactly in of citizenship is governed under tion and not something given at what context the concessions or the Constitution. It is quite clear the behest of the Malays as compromises were made as the that under the Constitution citi- claimed by some. Constitution only speaks of “safe- zenship may be acquired by a per- guarding the special position of son by (a) operation of law (b) reg- To support my statement I quote the Malays and the legitimate in- istration (c) naturalization and (d) below from the book entitled, “The terest of the other communities” incorporation of territory. Constitution of Malaysia “written and nothing more. by Harry E Groves, Head, of De- However, it must be pointed out partment of Law and Dean, Fac- However, some Malays claim that that prior to the Federation of Ma- ulty of Law, University of the Social Contract was a pledge

Aliran Monthly : Vol.30(6) Page 30 to confer citizenship rights to the nanimous act and a great favour the Tunku in the lurch by telling non-Malays upon their agreement done to the Malays by the non- the British that they were not in- to recognize the special position Malays in order to uplift them terested in independence and pre- of the Malays. It is a pity that our from their poor economic stand- ferred to remain as British founding fathers are not around ing? subjects.But the non-Malays, be- today to confirm the true position. ing magnanimous, didn’t do that. Nevertheless going by the version Giving citizenship alone is not a Instead, they co-operated with the propounded by some Malays it bounty, for the non-Malays have Tunku to lift the country from the would appear that the granting of reciprocated in no small measure colonial yoke. To pursue their goal, citizenship to the non-Malays by developing and contributing the three political parties namely, was compromised on a quid pro immensely to the economic UMNO, MCA and MIC formed a qua basis and not by the sole de- progress of this nation, the fruits coalition, known as the Alliance cision of the Malays. If so, then of which are also enjoyed by the to ask for independence from Brit- what is there for these Malays to Malays. Hence, it may not be an ain and what followed next is all insist and state that the Malays exaggeration to say that the non- history, with Malaya attaining in- were the ones who gave citizen- Malays have given more to the dependence on 31st August,1957 ship to the non-Malays and to that Malays than taken from them in to the jubilation of all the races. extent they were very magnani- the form of just citizenship only. mous. Yet, the non-Malays do not brag I quote below the relevant passage or crow about it as it is everyone's from Mr. Harry E.Groves book What about the magnanimity duty to help one another. (pages 12 & 13) which reveals that shown by the non-Malays in the quest for Merdeka was the agreeing to recognise the special Independence joint effort of all the races and not position of the Malays in recipro- that of the Malays alone. To say cation to give them a better life? There is also an erroneous percep- otherwise is tantamount to ignor- Wasn’t that a magnanimous act tion on the part of some Malays ing and dismissing the non- on the part of the non-Malays? that independence for Malaya was Malays and their loyal support to What if the non-Malays had from fought by the Malays only. This the Tunku in his effort to gain in- the outset refused to concede to view is not only unfair to the non- dependence for Malaya. the Malay demand on this issue Malays but is without any foun- and had remained unyielding till dation. Although it must be ad- “The sentiment for independence the end. Would the Malays be en- mitted that the Malays were the continued to grow during the joying the sort of life they are lead- ones who initiated the Merdeka ‘emergency’ period of Communist ing without the goodwill of the movement, they could not, on warfare. In time it became appar- non-Malays? So, the question of their own, have succeeded in their ent that independence could only magnanimity did not rest with the mission as the British government be achieved through some joining Malays alone but with the non- was not inclined to grant inde- of forces of the communal parties; Malays as well. This fact must be pendence without the participa- and in 1952 the United Malays appreciated by the Malays at all tion of the other races namely, the National Organization , the Ma- times. The majority of Malays of Chinese and Indians. As such the layan Chinese Association, and goodwill have no problem Tunku, as leader of UMNO and the Malayan Indian Congress recognising this fact. the Merdeka movement had to formed a political coalition , the seek the support and co-operation Alliance ,which carried a number Furthermore, when the NEP was of MCA and MIC respectively to of State and Settlement elections. passed in 1970 after the 13th May, achieve his goal. The British Government in 1954 1969 debacle, didn’t the non- agreed to make a majority of the Malays unselfishly agree to pass These non-Malay political parties seats in the Federal Legislative over to the Malays 30% of their gave the Tunku their whole- Council elective rather than ap- business equity in the interest of hearted support in his hour of pointive as formerly. Of the fifty – the Malays, as required by the need. If the Chinese and Indians two seats to be filled in the first Government? Wasn’t that a mag- had dissented they could have left such election in July, 1955, fifty-

Aliran Monthly : Vol.30(6) Page 31 one were won by the Alliance , gitimate interests of the other sification certainly does not augur with voting across racial lines be- communities. well for the future of the nation as ing one of the most striking fea- it is bound to create chauvinistic tures of the elections. Discussions The Commission met in Malaya instincts in some people, espe- were begun in August, 1955, be- in the summer of 1956 . It solic- cially among some Bumiputras, tween the British Secretary of State, ited memoranda from organiza- and keep them apart from the oth- the Rulers and the new Alliance tions and individuals and re- ers forever. Ministers on the next steps to- ceived 131 such memoranda. It ward self-government. held 81 hearings in support of If the Prime Minister, Dato Seri the memoranda throughout the Najib bin Tun Razak is really sin- It was agreed that the Reid Com- peninsula . It visited each State cere about uniting the people un- mission to review the Constitution and Settlement conferring with der his 1 Malaysia concept then it of the federation should meet in officials , British and Malay , is high time we dismantle racial London early in 1956 . The Fed- and met informally with other borders and treat all as one people. eration of Malaya Constitutional official and private persons Conference met in London in Janu- In conclusion, suffice to say that ary and February, 1956. Agree- • The Commission went to ours is a wonderful nation where ment was reached on full self – Rome to prepare its report”... all the races have been living to- government and independence gether harmoniously for genera- within the Commonwealth. A • The new constitution came tions in the spirit of give and take. Commonwealth Constitutional into being with the new nation Hence , let not a few overzealous Commission was agreed upon to on August 31, 1957, Merdeka Malay leaders distort historical make recommendations for a con- Day. facts, on the pretext of seeking stitution. Only five members glory for their race by portraying served on this Commission : Lord However, notwithstanding the themselves as the only magnani- Reid, a Lord of Appeal in Ordi- fact that independence was mous people on earth. What these nary , as Chairman, Sir Ivor achieved some 53 years ago, it is misguided individuals are doing Jennings , Master of Trinity Hall, lamentable that we are still living is using the name of the Malay Cambridge , Sir William McKell, as Malays, Chinese and Indians community to promote their own a former Governor-General of and not as one people. It will be selfish interest. Thinking people Australia , Mr. B.Malik , a former noted that an interesting feature can see through them. q Chief Justice of the Allahabad of the terms of reference to the High Court , and Justice Abdul Commonwealth Constitutional Hamid of the West Pakistan High Commission, as revealed in Mr. Court . No Malayans served on Harry E. Groves’s book, at page The intention of the this Commission . 13 (see above extract) was the cre- writer in writing this ar- ation of a “common nationality”, ticle is not to criticize The Commission was given five following independence. It is re- anyone but to stress that specific terms of reference: grettable that the Government has historical facts should failed to achieve this noble objec- be projected in the right a. the establishment of a strong tive hitherto. On the other hand perspective without any central government with some the Government has divided the bias so that our harmony autonomy in the States, people into Bumiputras and non- and peace can be pre- b. safeguarding the positions Bumiputras to be treated differ- served for our mutual and prestige of the Rulers, ently contrary to the spirit of the benefit.benefit.benefit. c. providing for a constitutional Constitution. head of state, P Sivakumar is an Aliran d. creating a common nationality Perhaps the Government prefers member and President of and to run the nation on ethnic lines the Malaysia Indians e. safeguarding the special posi- as it brings advantages to certain Business Association. tion of the Malays and the le- groups of people. This kind of clas-

Aliran Monthly : Vol.30(6) Page 32 MIGRANTS AND REFUGEES Malaysia’s invisible blockade Don’t weep for Gaza only; weep also for refugees and migrants in Malaysia by Angeline Loh

n the aftermath of the Is- selves and their families here. II raeli marine forces’ at- Refugee children, like children of III tack on the Turkish hu- migrant workers, continue to be manitarian vessel 40 denied the right to a proper edu- miles into international waters, cation in local schools. which resulted in 10 activists being killed, widespread outrage Access to medical treatment and was expressed by the Malaysian healthcare is difficult and government, civil society unaffordable as migrants and organisations, and political par- refugees are expected to pay ex- ties alike. patriate fees (even if discounted) for medical services at govern- Street protests were held express- ment hospitals, regardless of their ing outrage at Israeli actions and tions in their own countries - seek- economic situation. Refugees are sympathy for the Palestinians in ing a safe haven in Malaysia con- even denied the ability to be self- Gaza. Rosmah Mansor, wife of tinue to live in fear and uncer- reliant as they are prohibited from Prime Minister Najib Razak, was tainty. starting their own small business reported to have shed tears when ventures to earn a living to sup- handing over US$45,000 to the The reasons for this have been port their families. Turkish Ambassador for the fami- well documented over the past few lies of the nine Turkish activists years and have been the subject of Refugees, asylum seekers and mi- killed in this tragic incident numerous civil society press state- grant workers, particularly those (theSun, 10 June 2010). ments and media comment, in- entering the country undocu- cluding statements by the UN mented may fall prey to harass- Whiles Palestinians blockaded in refugee agency. ment and extortion by corrupt se- Gaza deserve sympathy and sup- curity enforcers, service sector per- port for the violations of their hu- Despite the obviously difficult sonnel, local criminal syndicates man rights by the Israeli occupi- position in which refugees and and human traffickers. ers of their land with humanitar- asylum seekers find themselves in ian aid from the international this country - being legally There is no guarantee of safety community, the dire situation of unrecognised by Malaysian law, from arrest and detention in im- refugees, asylum seekers and un- even if they possess genuine migration detention camps documented migrants in Malay- UNHCR documentation - they (IDCs), prisons or lock-ups sia remains little changed. have been shown virtually no around the country. No protection sympathy by the Government. from disruption and tragedy in Regardless of nationality, country their daily lives. They are forced of origin and religion, refugees - Refugee communities continue to to live one day at a time from day fleeing from wars, persecution struggle to survive without legal to day, never being certain what and other human rights viola- rights to work to sustain them- will happen the next day.

Aliran Monthly : Vol.30(6) Page 33 Migrants, refugees and asylum visible blockade through the use one of lacking documents or any seekers continue to remain at the of the mainstream media, which means of legal proof of identifica- top of the Home Affairs Ministry often makes ‘examples’ of foreign- tion. list of national security threats, ers seen to be involved in any second only to drug trafficking. criminal activity even if these for- This kind of humiliation has be- eigners may be victims of human come a malpractice affecting, not Invisible blockade of trafficking. This is seen from the only foreigners but also unfortu- undocumented frequent media coverage of police nate Malaysian citizens who hap- migrants and refugees raids on vice dens in Kuala pen to be in the wrong place at the Lumpur and other large cities in wrong time, who apparently pose The restrictions imposed on mi- the country. some sort of political threat to the grants, refugees and asylum seek- powers-that-be or belong to ers in Malaysia seem akin to the Reports of such raids are pre- marginalised ethnic communities. concrete walls, restriction of move- sented in considerably sordid de- ment, checkpoints, searches, ar- tail and television cameras are al- The official entrenchment of xeno- rests, imprisonment and harass- lowed to take footage within the phobia against any foreigner, es- ment faced by the Palestinians in raided premises exposing foreign pecially impoverished and Gaza. The only difference is that workers employed by operators of defenceless refugees, asylum seek- this blockade of refugees, asylum these illegal joints to public glare ers and undocumented migrants seekers and undocumented mi- (RTM and ntv7 news reports). raises another wall in the ‘block- grants is invisible to most Malay- ade’ of this category of people. sian citizens. Similarly, a raid was carried out in full public glare at a shopping Some authorities apparently pre- Public ignorance of the reasons mall in Pulau Tikus, Penang on a fer the use of racism and xenopho- refugees come to our country and Sunday afternoon, 18 July 2010. bia over a better immigration con- how people become refugees is Foreigners were rounded up and trol system that might deal with another wall in the refugee/mi- made to sit outside by the pave- current global migration problems grant maze that serves to isolate ment in full public view while their more justly, effectively and hu- and effectively prevent accep- documents were checked by im- manely. tance of their existence and pres- migration officials, working to- ence in our society. This ignorance gether with Rela and police per- Like the Palestinians in the Occu- is aggravated by official implica- sonnels (oral information from an pied Territories, refugees, asylum tion that these legally eye-witness). seekers and migrants here live in unrecognised and undocumented uncertainty, insecurity and fear in persons are ‘criminals’ or ‘poten- It appears to be an official habit in a very obvious, yet paradoxically tial criminals’. Malaysia to mete out humiliation invisible blockade. before even knowing what the Such lack of awareness and the crime committed is. The innocent It is for them also that we should mental block of refugees and their are stigmatised without evidence also weep. Perhaps, we should circumstances is constantly and some are subjected to public also shed a tear for our own wil- “hammered” into the Malaysian embarrassment for no good rea- ful blindness to their public psyche by government son at all. The underlying official victimisation and suffering that ministers who allege that refugees attitude seems to be ‘guilty until concretely and pitilessly supports coming to Malaysia are economic proven innocent’ dismissing any the invisible blockading of the migrants (Soalan No. 49 presumption of innocence that marginalised peoples in our soci- Pertanyaan Bagi Jawab Lisan may justly apply. In the case of ety. q Dewan Rakyat Mesyuarat, Sec- undocumented migrants, refu- ond sitting, Third term, 12 th gees and asylum seekers the mis- Parliamen Kedua Belas 2010). application is even worse as the Angeline Loh is an Aliran offence is not criminal in the real exco member. More walls are added to the in- sense, but only an administrative

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Aliran Monthly : Vol.30(6) Page 35 ECONOMY East Asia’s excessive dependence on exports Due to the global crisis, China and other East Asian nations have to rethink their economic strategy by Martin Khor

s the global economic the other Asian countries. According to the paper, the glo- AA crisis evolves, China and bal crisis exposed the high degree AAA other East Asian devel- This is the conclusion of a new of dependence of China and oping countries will be research paper by the South Cen- other East Asian developing profoundly affected as their old tre, “Export Dependence and countries on exports for their growth strategies will no longer Sustainability of Growth in China growth. This makes these coun- be able to serve them as before. and the east Asian Production tries economically vulnerable as Changes in economic policies and Network”. It is authored by the prospects for global economic re- strategies that rely less on exports Centre’s Special Economic Advi- covery have become more gloomy to the West will thus be required sor and Chief Economist, Yilmaz recently, with growth likely to in China — and even more so in Akyüz. weaken considerably in Europe

Aliran Monthly : Vol.30(6) Page 36 and with American consumers China crucially depends on a per cent of total value of exports reducing their high spending. sizeable increase in the share of to the US. household income in GDP and a Using new methods of calcula- corresponding decline in corpo- Therefore the criticism that China tion, the paper shows that China rate profits, savings and invest- enjoys extraordinarily high trade has been much more deeply de- ment. surpluses with the US is mis- pendent on exports for its growth placed. than previously estimated. The • This calls for a higher share of Centre estimates that exports con- wages in value-added and signifi- Other Asian countries tributed about 50 per cent of cantly greater government trans- face deeper problems China’s recent pre-crisis growth. fers to households, particularly in rural areas where income remain According to the paper, the slow- This high export dependency depressed. down in global growth may im- makes China more vulnerable pact other East Asian developing than was normally perceived to • There should be greater public countries more seriously than the slowdown in the US and Eu- spending on social infrastructure China. This is because they are rope. In the medium term, China in health, housing and education. even more export dependent, and will not be able to return to reli- These can be financed by divi- their exports not only to the West ance on exports to maintain its dend payments by state-owned but also to China will be affected, pre-crisis growth of 10 per cent or enterprises. even if China continues its high more. growth. • A shift from export-led to con- If its exports expand at the mod- sumption-led growth would also In Indonesia, Korea, Taiwan and erate rate of 10 per cent a year (in- require significant industrial re- Thailand, exports contributed stead of the 24-30 per cent in 2002- structuring. over 60 per cent to growth, com- 2006) China’s growth may barely pared to 40-50 per cent in China. reach 7 per cent. Returning to a Little of China’s exports to the US The export dependency of Malay- path of 10 per cent growth requires is retained as income in China sia, Singapore and Vietnam is raising domestic consumption even higher. much faster. China has come under criticism in the United States for having a The indirect exposure of these In recent years the share of con- large trade surplus with the US. countries through China to a sumption in GDP has decreased However, the South Centre paper slowdown in exports to the US from 55 per cent in the late 1990s points out that in reality, little of and the EU can be as important to 36 per cent in 2008. The paper the gross surplus is retained in as or even more important than found that a major cause of un- China. their direct exposure. der-consumption in China is the low share of household income in In 2005, China’s gross trade sur- China’s assembly-manufactured GDP, as wage increases lagged plus with the US was $172 billion exports depend a lot on inputs behind productivity increases. As but in value added terms (what is from other Asian countries. For a result the share of wages in GDP earned by the respective countries every $100 worth of processing ex- has fallen to about 40 per cent at after deducting the import content ports of China to the US and EU, present from 50-55 per cent in the of their exports) it was only $40 about $35-$40 goes to East Asian 1990s. billion. developing countries and $20-$25 to China. Thus a slowdown of The paper makes the following Further, a large part of the the Chinese exports to the US and EU suggestions for the way forward Chinese trade surplus in value- can have a strong impact on these for China: added terms was earned by for- countries. eign firms in China as profits of • In view of bleak export pros- foreign firms. As a result, income This means that the other Asian pects, a return to trend growth in left in China was no more than 30 countries are more vulnerable to

Aliran Monthly : Vol.30(6) Page 37 a sustained slowdown of Asian exports to the US and the EU than China.

Further, while China is a major importer from these countries, it is not a major market for them since an important part of Chi- nese imports are destined to be ex- ported to advanced economies rather than used internally.

The paper shows that domestic consumption and investment in China generate proportionately much less demand for imports from East Asian developing and emerging economies than its exports to the US and the EU.

Consequently, a shift by China from export-led to a consumption- led growth and a shift by the US in the opposite direction would result in a significant slowdown of their combined imports from East Asian developing countries.

A $100 increase in Chinese con- turing even if there is a rapid in- too low to generate a rapid growth sumption increases imports by crease in domestic consumption of either productive capacity or less than $10 while a $100 de- and its import content in China. effective demand. cline in US consumption reduces The same problem would also be imports by some $25. In other encountered in reducing their de- Private consumption has also words, at its current level of do- pendence on exports by shifting been weak in most East Asian mestic spending, the Chinese to domestic markets. countries, barely reaching 55 per market is not a good substitute for cent of GDP in Korea, Malaysia, the US and the EU markets for East The paper also notes that a main Taiwan and Thailand and below Asian countries. reason for excessive reliance on 40 per cent in Singapore. exports is under-investment. In To become a regional locomotive, several economies including Ma- There is thus a great deal of re- China would need to raise not laysia, Singapore, Philippines, thinking of future growth strate- only its domestic consumption as Taiwan and Indonesia, invest- gies needed – both for China and a proportion of GDP, but also its ment rates have been hovering at the other East Asian countries — import content and, in particular, around 20 per cent of GDP in re- as the uncertainty of a global re- its imports of final goods from the cent years, less than half the rate covery continues. q region. in China. Martin Khor is the Execu- Restructuring needed In none of these economies has the tive Director of the South investment rate recovered to the Centre based in Geneva. Moreover, the other Asian coun- level attained before the 1997 cri- tries will need industrial restruc- sis. Recent investment rates are

Aliran Monthly : Vol.30(6) Page 38 WHAT ELSE ARE THEY GOING TO CONTROL? Continued from page 40

25, 2010) as well as their handing messages on defection. (Merdeka ister. Neither were they books in- over of a memorandum protesting Review, 8 June 2010) stigating religious and ethnic sen- the allegations made and the timents. These were merely hilari- burning of copies of the publica- Similarly, early this year, cartoon- ous laugh-of-the-day compila- tion by a group of some 100 people ist Zunar’s ‘1FunnyMalaysia’ tions of cartoons by Zunar! in front of the Suara Keadilan of- book was seized by the Home fice. (Malaysiakini, June 30, 2010) Ministry. This action was fol- The way the Ministry defines lowed by the banning of two other ‘media’ and ‘proper messages’ In July, Harakah and Rocket were books, namely ‘Perak Darul has reached a stage where their given show-cause letters for their Kartun’ and ‘Isu Dalam Kartun’ control has gone beyond the po- failure to submit their renewal ap- in late-June 2010 under the Print- litical contest between the plications to the Ministry. Pas’ ing Presses and Publications Act Pakatan and the BN but into our permit expired on 7 July, but it (PPPA) 1984 on the grounds that everyday lives, such as the right continued to publish its 12-15 July it ‘could pose a threat to public to access humour. Whether it is edition, while the Rocket’s English order, morality, security’. The Act to access information of alterna- version expired in June (the Malay provides for penalties of up to tive views or just simply to have and Chinese versions expired in three years’ imprisonment or fines fun reading cartoon or wearing September and November last of up to RM20,000 or both for funny T-shirts or T-shirts with year respectively). printing, producing, selling, dis- a message, our right to make tributing or even possessing pro- decisions on what to read and Surprisingly nothing has hap- hibited material or contents what to wear has been eroded. pened to Utusan Malaysia, which (Malaysiakini, 24 June). This Where else are they going to con- published an article entitled means that not only the printers, trol, our perceptions? Oh yes, “Anwar alleged to have paid but also the vendors and readers they have done that too - 1Ma- CNN”. The daily has not been might be charged under the Act. laysia.q questioned by the Ministry, even Note that these books are not though CNN has described the re- books about conspiracy theories Soon Chuan Yean is an port as “fabricated” (Malaysiakini, or exposés of corruption cases in- Aliran exco member. 13 July 2010) volving the President/Prime Min-

More daunting is that the scope of restrictions on the media or on freedom of expression has reached not only the print media but garments – yes, you read that right, garments – as well. In June 2008, the ministry confisticated 83 T- shirts in Kuala Lumpur owned by Patrick Saw for containing messages that it felt had ‘communist’ elements. Reports of the raid men- tioned that the T-shirts confiscated were those bearing pop images of only one Bruce Lee and Mickey Maos' (promoting communism?). But Saw was also selling T-shirts bearing other messages such as V K Lingam’s words and satirical

Aliran Monthly : Vol.30(6) Page 39 COVER STORY Newspapers, cartoons, T-shirts: What else are they going to control? Whether it is to access alternative views or just simply to have fun reading cartoons or wearing funny T-shirts, our right to make decisions on what to read and what to wear has been eroded by Soon Chuan Yean

have a feeling that the II Home Affairs Ministry, III in particular the ministry’s Panel for Evaluating Printing and Publica- tions Permit Applications (Panel 13), must have had a hectic schedule lately. Its officers must have expended considerable energy, travelling, searching, and writing (show-cause) letters to evaluate the movement of media in Malay- sia.

Opposition newspapers, namely the PKR’s Suara Keadilan, Pas' Harakah, and the DAP’s Rocket, are now facing the possibility of suspension. Suara Keadilan had been suspended when Panel 13 was not satisfied with the explanation given by the publication in response to the ministry’s three show-cause letters. The show– cause letters demanded that the paper explain its publication of a ‘Felda bankrupt’ piece, which led to a suit by Felda on the grounds of ‘blatant lies’ (Malaysiakini, June

Continued on page 39 Three show-cause letters and then... suspension

Aliran Monthly : Vol.30(6) Page 40