PP3739/12/2004 ISSN 0127 - 5127 / RM3.00 / 2004:Vol.24No.1 Corruption: CatchingCatchingCatching Sharks OrOrSharks Ikan Bilis?Bilis?Ikan

ShameShame OnOn YouYou SaysSays AnwarAnwar To JudgesJudgesTo

SallehSalleh AbbasAbbas Would Have Been ReinstatedReinstatedReinstated Aliran Monthly : Vol.24(1) Page 1 COVER STORY

War On Corruption: Hunting The Sharks Or Ikan Bilis?

Still unsure about his political support base, Abdullah is unlikely to introduce radical reforms by Anil Netto

ince Dato Abdullah SSS Badawi took over as Prime Minister, we have heard much talk about a war on corruption and ineffi- ciency. At this point, few outside observers can say for sure how far he is willing to go down the road in wiping out corruption, but most aren’t holding their breath.

Nonetheless, Abdullah Badawi’s drive against corruption has al- ready opened up several cans of worms. Topics such as the bulk issue of taxi permits, the post- ponement of a controversial rail- ruption Academy (what, another will confine himself to “ikan bilis” way double-tracking project, the ACA?). - or make heads roll as he follows Maika scandal and the failure of the money trail to the well-lined a Mahathir confidante to control There are several possible reasons pockets of the “monster sharks”. the Bakun Dam project have hit why Abdullah has seized on a the headlines. There seems to be war on corruption as one of the Second, the competition for for- some willingness to acknowledge thrusts of his new administration. eign direct investment is getting that corruption is a serious prob- stiffer. Malaysia no longer has the lem that must be tackled. First, corruption represents a ma- advantage of cheap labour now jor leakage of funds in the coun- that countries like China and Vi- Abdullah also made waves when try and will only aggravate the etnam have opened up to foreign it was announced that Malaysia already significant budget deficit. investors. Thus, Abdullah prob- will ratify the United Nations Abdullah has said that he wants ably figures, the only way we can Anti-Corruption Convention and to try and balance the budget. But market ourselves is to clean up set up a RM17 million Anti-Cor- the real question is whether he our act and highlight Malaysia as

Aliran Monthly : Vol.24(1) Page 2 EDITOR'S NOTE

In our cover story this month, Anil Netto takes a critical look at Abdullah Badawi’s war on corruption, which he CONTENTS feels will only target the ikan bilis rather than the sharks. The new premier, unsure about his support base, is un- likely to rock the boat. COVER STORY ••• Hunting The Sharks Or Ikan Bilis? 222 Dato Sri George Seah, dismissed from the Supreme Court ••• The 6000-Taxi Permit Fiasco 555 in 1988, provides more answers to questions that have lingered in the minds of many Malaysians. This time he ••• The Double Tracking Controversy 777 explains what might have happened had the five sus- pended Supreme Court judges been allowed to hear FEATURES then top judge Tun Salleh Abas’ urgent appeal that year. ••• What Would Have Happened? 888 ••• Malaysia's Fear Factor 121212 Animah Annette Ferrar describes the scene at the Palace of Justice during Anwar Ibrahim’s recent appeal in our ••• JBJ: Defender of Human Rights 141414 back cover story. Her account fills a missing gap in the ••• A Clarification 14 Years Later 161616 coverage by the mainstream media, which chose not to ••• Is The Govt Facing A Fiscal Crunch? 181818 highlight this case. Commenting on the court’s decision, ••• WSF - Festival Of The Oppressed 191919 P Ramakrishnan laments that the judiciary is no longer ••• The Passing Of A Freedom Fighter 222222 the fountain of justice. •• The Passing Of A Freedom Fighter 2222 ••• Farewell Desmond 232323 K George and Charles Hector are back again. George ••• Trade Unions And Politics 282828 reminds us that though trade unions are not political ••• Justice Ravaged 353535 parties, they are very much political organisations, which ••• Hippocrates Or Hypocrites? 373737 can be used to champion workers’ rights. Hector talks about the sense of fear that constrains many many ••• Shame On You 404040 Malaysians from speaking out, acting or even voting for change. To be truly human, he says, we need to confront REGULARS these fears. ••• LettersLettersLetters 313131

Look out for the latest list of known detainees in our ISA Watch section. Let us know if you notice OTHERSOTHERSOTHERS any discrepancies. ••• ISA Watch 252525 ••• Subscription Form 272727 Enjoy Johan’s eye-witness report of the World Social ••• AppealAppealAppeal 393939 Forum in Mumbai with colourful accompanying pictures courtesy of Nadarajah. Another world is possible.

Finally, we pay tribute to the late Aliran member, Desmond John Muzaffar Tate, who passed away on Jan 3. A diehard idealist, he will be remembered as a Published by passionate freedom fighter who struggled on even into his 70s. Aliran Kesedaran Negara (ALIRAN) 103, Medan Penaga, 11600 Jelutong, ALIRANALIRANALIRAN is a Reform Movement dedicated to Penang, Malaysia. Justice, Freedom & Solidarity and listed on the Tel : (04) 658 5251 Fax : (04) 658 5197 roster of the Economic and Social Council of the United Nations. Founded in 1977, Aliran welcomes Homepage : http://www.aliran.com all Malaysians above 21 to be members. Contact the Hon. Secretary or visit our webpage. Printed by Percetakan Tujuh Lapan Enam Sdn. Bhd. No. 16, Lengkangan Brunei, 55100 Pudu, Kuala Lumpur.

Aliran Monthly : Vol.24(1) Page 3 a country that practises transpar- RM3.78 by February 1998, a frac- ency in business dealings and re- tion of its pre-financial crisis level duces the incidental costs and of over RM17. leakages (bribes and kickbacks) to a minimum. Acting against cor- The Petronas-controlled national ruption, would help inspire con- shipping carrier Malaysian Inter- fidence among investors. national Shipping Corporation Berhad (MISC) stepped in to ac- Senior American corporate lead- quire debt-laden KPB’s shipping ers have responded positively to assets with cash. Abdullah’s efforts: “We see strong leadership, a pro-business focus, Numerous other scandals tar- and a Prime Minister committed nished the image of the ruling coa- to efficient and transparent gov- lition. The reformasi anger on the ernance to support sustained eco- streets over corruption and abuse nomic growth and development,” of power was palpable and cost said Michael Gadbaw, the chair- the ruling coalition dearly. The man of the US-Malaysia Business lack of experience in finance., opposition made sharp inroads in Council. Critics, however, point Abdullah probably realises how the general election in 1999. To out that Abdullah’s measures much such misguided projects this day, Malay voters are said to don’t go far enough and so far, no have harmed the economy. be deeply divided. That is why it “big fish” have been caught. is bewildering to see Mahathir Moral Failure now appointed as advisor to A third reason may be that Petronas. Abdullah wants to distance him- Abdullah also cannot ignore the self from the excesses and extrava- groundswell of disgust at the Opposition parties like PAS have gance of the Mahathir administra- cronyism and nepotism that were criticised the Barisan Nasional’s tion. In politics it is critical and the hallmark of the previous ad- perceived moral failure to bolster Abdullah is probably keen on bol- ministration. Apart from the an- support for an Islamic state. stering his so-called public per- ger over the ouster of former Abdullah, whose own Islamic sona as Mr Clean. He knows the deputy premier Anwar Ibrahim, credentials have been much substantial that opportunity costs there was overwhelming anger at touted in the media, realises that of mega projects – how Mahathir corruption, cronyism and nepo- he will have to clean up the ad- hates that term (but then mega tism. ministration’s act if he is to coun- merely means huge and his ad- ter effectively the PAS argument. ministration had had plenty of Some of the biggest protests in huge projects). Money wasted on 1998 centred on cash-rich Abdullah appears to be willing to unproductive, wasteful projects Petroliam Nasional Bhd tackle straightforward bribery and such as the Twin Towers could (Petronas), wholly owned by the abuse of power, judging by the have been channelled into Malaysian government, which ACA swinging into action over the healthcare, public transport, en- announced what analysts felt 6000-taxi permit fiasco. Such ir- vironmental protection, educa- amounted to a bailout of regularities are easy to start with. tion, scientific research and devel- Mahathir’s son, Mirzan. At that But Abdullah has also postponed opment. The considerable re- time, Mirzan’s main public listed the double tracking project . How sources at our disposal could company, shipping concern significant are these episodes? have been used to promote genu- Konsortium Perkapalan Bhd (see tables) ine human development, greater (KPB), was submerged with debts food security and a more inde- estimated at around RM1.7 bil- Public attitudes must change if a pendent economy. Despite his lion. Its share price had fallen to war on corruption is to have any

Aliran Monthly : Vol.24(1) Page 4 The 6000-Taxi Permit Fiasco

Minister Nazri Abdul Aziz about investigating a misappropria- “procedural irregularities” over tion of RM6 million. the issuance of 1,200 taxi permits to seven companies. And all of us are familiar with how the ACA sat for years on Earlier, Nazri was involved in a high profile cases such as the verbal spat over ACA director of allegations involving Rafidah investigations Nordin Ismail’s Aziz and the special shares threat that the agency would is- awarded to her son-in-law. sue warrants of arrest to wit- Let’s not even talk about the nesses, including ministers, who ACA foot-dragging – it’s more refused to present themselves for like paralysis – in the debacle questioning. surrounding Perwaja Steel, a He is a government servant ... ministers are his superiors. project close to Mahathir’s In hisinfamous remarks, Nazri heart. Recently, an allegation was lashed out at Nordin: “He has dis- made that the Entrepreneur played a despicable attitude... He Apart from the number of per- Development Ministry had is- cannot be trusted to facilitate a fair mits actually awarded, the sued 6,000 taxi permits to one and just investigation. He wants real issue is why taxi permits company. Malaysia Taxi/ to exert his power and show that can’t be given to responsible, Limousine and Hire Car Driv- we are subject to him and are li- hardworking individuals ers and Operators Association able to arrest at his command. who want to work as taxi driv- president Yusoff Lahir lodged ers? Why can't permits be a police report on this matter. “I want to remind him for the last awarded to individual drivers time that he is a government serv- or cooperatives made up of, Attorney General Gani ant and, in this structure, minis- say, retired teachers rather Patail on 9 December 2003 ters are his superiors.” than well-connected compa- ordered the Anti Corruption nies acting as middle-men? Agency to carry out further This kind of arrogance is typical investigations into irregu- of some ministers who think they Step into any taxi in the capi- larities that it found in the are masters of the people rather tal and ask the driver what he issuing of the taxi permits. than servants entrusted with a re- thinks of his taxi companies He said, however, that he sponsibility who can be sacked if and chances are you will get found no truth in the allega- they under-perform or commit a mouthful about how much tions that 6,000 such permits criminal breach of trust. he has to pay the companies were issued to one company. for the use of the car, and how “The number differs very Of course, Nazri has a point he has to work long hours just much,” said Gani. “Be that about the ACA’s foot-dragging. to cover the costs of rental and as it may, certain other ir- Such foot-dragging has become petrol before making a little regularities were disclosed almost legendary especially in something extra as income. in the course of the said in- ACA cases involving “big fish”. How can we expect courtesy vestigation.” Apart from the delay in probing and professionalism from the taxi permit fiasco, there have taxi-drivers who are so af- The following day, ACA offic- been delays involving the Rural flicted and burdened? ers recorded a statement from Development Ministry: it has been Entrepreneur Development two years since the ACA started – A. Netto

Aliran Monthly : Vol.24(1) Page 5 meaning. At present, many ency. For example, there must be Securities Commission must be Malaysians think that current lev- absolute transparency in weap- made truly independent and ef- els of corruption are acceptable ons purchases, that involve bil- fective. and “oh, there are so many other lions of ringgit. He must eliminate countries where corruption is any possibility of middle-men Seventh, whistleblowers must be worse, like Indonesia and the Phil- raking in huge “commissions” protected at all costs and not pe- ippines.” But why aren’t we com- whether in arms purchases or re- nalised like they have been in the paring ourselves with countries cruitment of migrant labour. past. Indeed, Abdullah can en- with much better records in wip- courage whistle-blowing by al- ing out corruption? No level of Third, the big guns like Petronas lowing greater freedom of the corruption should be considered (the national “cash cow”) and the press to report corruption and acceptable – there should be a Employees Provident Fund must abuse of power in high places and zero-tolerance policy towards cor- be made more accountable. by abolishing the Official Secrets ruption in all sectors. Petronas controls billions of Act and the Internal Security Act. ringgit of oil resources belonging Measuring Success to the Malaysian people - a lot of Finally, the judiciary and the At- it has already been squandered on torney General’s office must be How should success in unproductive projects - and it made more independent to ensure Abdullah’s anti-corruption drive must be held transparently ac- that the corrupt are brought to jus- be measured? We should be care- countable to Parliament. tice. ful here or we could easily fall for BN and mainstream media propa- Fourth, Abdullah must eliminate Will Abdullah have the political ganda about how much the gov- money politics and disentangle will to carry out these tasks? Or ernment is doing to wipe out graft. politics from business. That’s will he be satisfied with rhetoric easier said than done, of course, ahead of a general election to win Success should be measured but no war against corruption votes? based on the following bench- would be complete without this. marks: He must terminate the “politics of It is difficult to reform a system development” where promises of that is so steeped in money poli- First, the Anti-Corruption Agency development are used to buy sup- tics and in which business and must be made truly independent port from voters. This is a form of politics enjoy a cosy relationship. and staffed by people of unques- electoral bribery. Abdullah may be sincere in try- tionable integrity. It should report ing to change the system from to Parliament rather than the Fifth, top government leaders and within, but will the system itself Prime Minister and it must go af- high-ranking civil servants must end up changing Abdullah? Sys- ter the big fish without any foot- periodically be required to declare temic corruption or conflict of in- dragging. For a start, the ACA publicly their assets. Leadership terest is now deeply ingrained. It must immediately resolve the by example all the way down. If will be tough to get rid of it with- Perwaja Steel scandal and take lower-ranking personnel know out the political will. another look at the Maika debacle their bosses are clean and will not (see accompanying article) and al- tolerate corruption, they will be The new premier is still unsure legations involving politicians less inclined to indulge in unethi- about his political support base. such as Rafidah Aziz and Samy cal practices themselves. He is thus unlikely to introduce Vellu. radical reforms to rock the boat. Sixth, corruption and bribery in This is why many Malaysians re- Second, Abdullah must tackle the private sector must be wiped main sceptical about the prospects corruption in the civil service and out. The institutions responsible of success in the war on corrup- in the government. He must focus for improving corporate govern- tion under the present govern- on major areas that lack transpar- ance such as Bank Negara and the ment. q

Aliran Monthly : Vol.24(1) Page 6 The Double Tracking our railways. We cannot expect capital inten- Project Controversy sive public transport like railways to turn in a quick profit. Fares have The government’s decision to widely expected to be held in first to be reasonable to attract passen- postpone the RM14.5 billion rail- quarter of 2004. His interest in gers. Public transport by its very way double-tracking project, one grassroots development projects nature is a service to the public of the biggest infrastructure could be merely a tactical move to and many governments provide projects in Asia, has been viewed win back support for BN ahead of subsidies to railways. positively. The electrified double- the polls. Or it could be that the re- track rail line across the length of action from China and India was With an excellent railway system, the peninsula was supposed to be not positive, to say the least. To travellers will flock to the trains. part of a planned 5,600-kilometre minimise the damage, Abdullah But the planning and the cost- trans-Asia link. may have simply decided to post- benefit studies of major upgrad- pone the project indefinitely. ing work must be meticulously A letter of intent had been issued professional and the award of to state-backed Indian Railway This does not mean that such a projects transparent. There is no Construction Co and China Rail- major rail infrastructure project is room for cronyism. What is way Engineering Corp as part of not beneficial to Malaysia. But needed is a strategic national blue- an oil palm barter deal. what is lacking is competitive bid- print for sustainable transport, ding, transparency, and open ten- not piecemeal, ad hoc projects that But only days before he retired on ders. There is no reason why rail will only benefit well-connected 31 October 2003, Mahathir raised transport cannot give air and road crony companies. eyebrows by awarding the project transport a run for their money. to politically well-connected Syed Just look at the congested high- Syed Mokhtar suffered a second Mokhtar Al-Bukhary’s Malaysia ways, the long queues at toll pla- blow when Abdullah’s adminis- Mining Corporation and partner zas, the numerous express bus tration moved to terminate an Gamuda. Controversy raged un- companies, and the emergence of agreement between the Minister of til 17 December 2003, when domestic budget airlines like Air Finance and GIIG Capital (also Abdullah said that the project Asia. Surely there is scope for a linked to Syed) related to the sale would be postponed in favour of much-improved rail service. of a 60 percent stake in Sarawak more urgent development Hidro, the Bakun project’s owner schemes. Trains are just as good as buses and promoter. Thankfully, that is in terms of energy consumption likely to spell the end of the road a This episode raised fresh concerns per passenger kilometre; trains proposed energy-intensive, pol- about the persistent lack of ac- are also well ahead of cars and luting aluminium smelting plant countability and transparency in aircraft. For transporting goods, - a project also linked to Syed Malaysia. It also highlighted how rail is superior to road and air in Mokhtar - which was supposed tightly politics and business are terms of energy efficiency. If we are to consume the surplus electricity intertwined. It is premature to say serious about conserving our fuel produced by Bakun. whether Abdullah is really trying resources, promoting sustainable to disentangle business from poli- transport, and reducing air pol- But Abdullah said that the Bakun tics. It may be that he has one eye lution due to aircraft and vehicle dam project itself would continue on the coming general election, emissions, we must not neglect as money had already been spent on construction. That doesn’t Energy (in kcal) to transport 1kg of goods, 1km make sense. If he is against huge Transport System Energy Energy use relative unproductive projects and more to most efficient concerned about grassroots devel- Water 0.10 1 opment, he should call off Bakun Rail 0.32 3 altogether (instead of merely scal- Road 1.20 1 2 ing down the size of the dam) and Air 6.36 64 look at more sustainable means of Source: millennium-debate.org energy production. – A. Netto q

Aliran Monthly : Vol.24(1) Page 7 JUDICIARY What Would Have Happened? The dismissal of Tun Salleh Abass would have been declared invalid, ultra vires, null and void by Dato Sri George Seah

fter Tun Salleh Abas, the the High Court for an exparte in- AA Lord President (or Chief terlocutory injunction restraining AAA Justice) of the Supreme the said Tribunal from presenting Court of Malaysia was its report/recommendation to the suspended, a Tribunal was set up Yang di-Pertuan Agong pending to investigate into the charges the final disposal of the High brought against him. The Tribu- Court action filed herein. nal was made up of the under- mentioned persons, namely Ajaib Singh J, after some dilly-dal- lying, refused the application on • Ag Lord President, Tan Sri a Saturday mid-morning and Abdul Hamid Omar, Presiding Counsel for Tun Salleh Abas im- • Tan Sri Lee Hun Hoe, Chief mediately appealed to the Su- Justice of the High Court in preme Court of Malaysia, which Borneo granted the interlocutory staying • Tan Sri Mohamed Zahir, order unanimously. Speaker of Parliament, the Judges of the High Court in • Tan Sri Abdul Aziz Zain, Busi- The five members of the Supreme Malaya; Justice Mark Damian nessman Court who convened to hear that Hugh Fernando, Judge of the Su- • Mr Justice T. S. Sinathuray, appeal — Tan Sri Wan Suleiman preme Court of Sri Lanka; and Jus- Judge of Singapore Supreme (Presiding), Datuk George Seah, tice P. Coomaraswamy, Judge of Court Tan Sri Mohamed Azmi, Tan Sri the Singapore High Court. • Mr Justice K.A.R. Ranasinghe, Abdoolcader and Tan Sri Wan Judge of the Sri Lanka Su- Hamzah — were later suspended. I would like to pause here to men- preme Court tion that Tan Sri Hashim Sani A second Tribunal was set up con- Yeop was originally appointed to Seeing the composition of junior sisting of the undermentioned preside over the second Tribunal. judges who made up the Tribunal, junior judges — with the excep- But after objections to his remark Tun Salleh Abas took out a Writ tion of the Justice from Sri Lanka that the 5-member panel of the Su- in the High Court in Malaya, chal- — namely Dato Edgar Joseph Jr, preme Court would be “staging a lenging the constitutionality and High Court Judge (presiding); revolution” if they were to con- legality of the said Tribunal. Tun Dato Eusoff Chin, High Court vene the sitting of the Supreme Salleh also applied to the Judge of Judge; Dato Lamin, most junior of Court to hear the appeal from Tun

Silence is not an option when things are ill done. - Lord Alfred Denning

Aliran Monthly : Vol.24(1) Page 8 that the 5-member panel of the Supreme Court would be `staging a revolution’ if it convened to hear Tun Salleh Abas’ application for an interlocutory in- junction restraining the Tribunal from presenting the report/recommenda- tion to the Yang di-Pertuan Agong.

b) The 5-member panel of the Su- preme Court would have prob- ably declared the first Tribunal unconstitutional and illegal unanimously on the under- mentioned grounds, namely

i) Tan Sri Abdul Hamid His dismissal as Lord President of the Supreme Court of Malaysia could have been Omar:OmarOmar The Chairman of invalid, ultra vires, null and void. the Tribunal, who was then the Chief Justice of the Salleh Abas, Tan Sri Hashim Sani pension of the five Supreme Court High Court in Malaya and Yeop stepped down and the pre- judges had not taken place. For also the Ag Lord President, siding of the second Tribunal was their information, I like to outline was in line for the ap- taken over by Dato Edgar Joseph the scenario which would have pointment as Lord Presi- Jr. likely occured dent of the Supreme Court of Malaysia. He would To use military jargon, officers a) In the event of an appeal by have been deemed as hav- with the rank of `colonels’ were Tun Salleh Abas against the re- ing a personal interest in appointed to try the `generals’, i.e. fusal the outcome of the pro- the five members of the Supreme i) of the High court to grant ceedings. Following the Court. The outcome was that both a declaration asked for, the removal of Tun Salleh Dato Edgar Joseph Jr and Dato same 5-member panel of Abas, Tan Sri Abdul Eusoff Chin were subsequently the Supreme Court would Hamid Omar was eventu- elevated to the Supreme Court. have heard the appeal. ally appointed Lord Presi- Dato Eusoff Chin was later ap- ii) Ag Lord President Tan Sri dent of the Supreme Court. pointed Chief Justice of the Fed- Abdul Hamid Omar and eral Court (the name was changed Tan Sri Lee Hun Hoe In Dines vs The Grand from Supreme Court to Federal would have been disquali- Junction Canal Co No 3 Court because certain quarters felt fied from hearing this ap- HL Cas 759, it was held only Parliament is supreme in peal by virtue of their be- that `a Judge with the Malaysia). Dato Lamin was also ing members of the first smallest interest was inca- appointed Chief Judge of the Tribunal set up to inquire pable of trying a cause, not Court of Appeal. into the charges brought because anybody sup- against Tun Salleh Abas. posed that he would be in- The Likely Scenario iii) Tan Sri Hashim Sani Yeop fluenced (nobody sup- would have also been dis- posed so) but because the Many people have asked me what qualified because of his principle is, that a man would have happened if the sus- preposterous statement shall not have an interest

Aliran Monthly : Vol.24(1) Page 9 in a matter which he is to Hun Hoe, could have been Borneo decide’. accepted as the only suitable 4) YAA Tan Sri Chang Min candidates in the Tribunal. Tat, Judge of Supreme Tan Sri Lee Hun HoeHoe: Tan Court, Malaysia Sri Lee, who was Chief ii) In short, only 2 out of 6 Justice of the High Court members of the Tribunal The constitutional and legal in Borneo, might have could have qualified as suit- implications of having the Tri- been regarded as holding able candidates. bunal presided over by the Ag equivalent rank and there- Lord President, Tan Sri Abdul fore could have been ac- iii) It was common knowledge Hamid Omar, declared as un- cepted as a peer of Tun at that relevant time that the constitutional and illegal Salleh Abas. following retired judges would have been horrendous: were living in Malaysia and the report/recommendation Tan Sri Mohamed ZahirZahir: were eminently qualified to presented to Yang di-Pertuan Tan Sri Mohamed Zahir be appointed to the Tribu- Agong would have been was and still is the nal. deemed unlawful, null and Speaker of Parliament. I 1 ) YAA Tun Mohamed Suffian, void. The dismissal of Tun think it is inappropriate former Lord President Salleh Abas as Lord President for the Head of one branch 2) YAA Tan Sri S. S. Gill, former of the Supreme Court of Ma- of government to sit in Chief Justice, Malaya laysia would have been held judgment of the Lord 3) YAA Tan Sri Ismail Khan, invalid, ultra vires, null and President of the Supreme Chief Justice, High Court in void.q Court of Malaysia, who is Head of another branch of government. Why I Was Not Tan Sri Abdul Aziz ZainZain: Tan Sri Abdul Aziz Zain Awarded The Tan Sri was a businessman at the material time, albeit he had been a Judge prior to his n my previous letter [AM Yeop No. 7 in the Supreme Court resignation. With respect, 2003 Vol 23(11)] I said that hierarchy. a businessman is not a III I would explain why suitable person to be ap- though ranked No. 5 in the In terms of age, Dato Hashim pointed to the Tribunal. hierarchy of the Supreme Court of was the oldest, followed by me Malaysia, I remained a Datuk. and Dato Azmi, who was the Justice T. S. SinathuraySinathuray: youngest of the three. Justice Sinathuray was a In 1982, three High Court Judges Judge of the High Court were elevated to the Supreme Court In 1983 the Lord President of the and is not a suitable per- at the same time, namely Datuk Supreme Court recommended son to be appointed to the George Edward Seah Kim Seng, all three newly appointed Tribunal to sit in judgment High Court in Borneo, and Dato Judges of the Supreme Court for of the Lord President of the Mohamed Azmi and Dato Hashim the award of Tan Sri. That year Supreme Court of Malay- Sani Yeop, both of the High Court only Dato Hashim Sani Yeop sia. in Malaya. was accorded the title of Tan Sri. He later explained to me that, in Justice K. A. R. As I was appointed a Judge in 1969, the Honours List, age was the RanasingheRanasinghe: Justice Dato Mohamed Azmi in 1970 and criteria and not the position in Ranasinghe was a Judge Dato Hashim Sani Yeop in 1973, I the hierarchy of the Supreme of the Sri Lanka Supreme was placed No. 5, Dato Mohamed Court and he, being the oldest Court and, like Tan Sri Lee Azmi No. 6 and Dato Hashim Sani of the three, was given the title. I

Aliran Monthly : Vol.24(1) Page 10 accepted the explanation with a pinch of salt. Misconception In 1984, the Lord President again put forward three names for the In The Mind Of award of Tan Sri, namely Datuk Prime Minister George Seah, Dato Mohamed Azmi and Dato Abdoolcader, who was newly appointed to the Su- Senior Judges of the Supreme Agong under the Federal preme Court. The late Dato Court of Malaysia wanted to Constitution. Abdoolcader was the oldest of the have a 9-member panel of three. That year, both Dato Judges (a full bench of the Su- There is a flaw in this argu- Mohamed Azmi (youngest) and preme Court) to hear the ment in that MPs are elected Dato Abdoolcader (oldest) were UMNO-11 appeal in order to by the people for a term honoured with the title Tan Sri. have the opportunity to ex- whereas judges of the Su- When confronted by me Tan Sri plain the constitutional posi- preme Court are appointed to Hashim could offer no explana- tion of the Supreme Court in a represent the Agong to ad- tion. parliamentary democracy — minister justice on his behalf. which is made up of three The question of supremacy In 1985, I orally informed the Lord branches of government of does not arise if one fully un- President not to include my name equal co-ordinate jurisdiction, derstands the concept of par- for the Honours’ List. namely liamentary democracy. When Tun Salleh Abas became Lord President of the Supreme a) Parliament The purpose of having a full Court, he noticed the discrepancy b) Executive and bench to explain the role of the which stood out like a sore thumb. c) Supreme Court. Supreme Court under the Fed- After hearing my explanation, eral Constitution based on the Tun Salleh persuaded me to allow Each branch of government is principles of parliamentary him to nominate me together with given a special role under the democracy was for this very Dato Syed Agil and Dato Wan Constitution, namely objective. The senior judges Hamzah, who were newly added were not trying to declare that to the Supreme Court. Both Dato a) Parliament to enact laws the Supreme Court is supreme Syed Agil and Dato Wan Hamzah b) Executive to govern the vis-a-vis Parliament but were ranked Nos. 8 and 9 respec- country and merely to take this opportu- tively in the hierarchy of the apex c) The Supreme Court to in- nity to dispel the misconcep- court and they were much older terpret the laws passed by tion in the mind of the Prime than me.. Parliament and/or to de- Minister. cide on the legality of acts To the astonishment of Tun of the Executive as well as Nonetheless, the name was Salleh Abas, both Dato Syed Agil the laws enacted by Parlia- later changed from Supreme and Dato Wan Hamzah were ment Court to Federal Court of awarded Tan Sri and again I Malaysia - whereas in the was left out. The Lord President The then prime minister, Dr United State and India, the resigned himself to this system Mahathir, seemed to think that apex court is called the Su- and did not include my name only Parliament (which is preme Court and the peo- thereafter in the Honours’ List. elected by the people) could be ples of both the US and In- Hence I remained a Datuk in the regarded as Supreme and not dia do not seem to be con- hierarchy of the Supreme Court the Supreme Court, where the cerned about the choice of of Malaysia, albeit ranked No. 5 judges are appointed by the the word Supreme. q in protocol. q

Aliran Monthly : Vol.24(1) Page 11 POLITICAL CULTURE Malaysia’s Fear Factor by Charles Hector

e need to sit down and evated as judges - and WWW consider seriously the they would then look at human rights situation me negatively and this in the world around us, would affect the outcome including in Malaysia. Have we of my cases. They told me all done our part in the promotion that there are “govern- of human rights and justice and ment spies” all around, peace Malaysia and in our own and if I was seen as a lives? “trouble-maker” or an “anti-government ele- Fear still is a major phenomenon ment”, I would be black- in Malaysia; it keeps individual listed. Malaysians (and even some groups of persons) silent and As a young lawyer re- quiet despite the obvious and real cently called to the Bar, I human rights violations and the should have paid heed to obvious lack of rights. Fear is a their words of wisdom major problem in Malaysia and, and the common sense of yes, it also applies to lawyers. my caring fellow lawyers. But then I have always I remember many years ago, when been one who could not I first stood up at the AGM of the hold his tongue when he Malaysian Bar and spoke my sees something that is not mind about some things that were right, something that is not right. I was later approched wrong or unjust happen- by several senior members of the ing around him. To keep Bar, who were well-meaning and silent goes against my sincere. very being - and if I did keep silent, my conscience Do Not Rock would have tortured me, The Boat and I would not be true to my God. They took time to caution a young lawyer about the way things were. Do Not Talk They advised me that I should not So Loud “rock the boat” and should not be so critical. They told me that if I At the teh tarek stalls, a was vocal, I would lose out as group of persons is yak- many of the senior people in the king away loudly, talking Bar Council may one day be el- about the movies, friends,

Aliran Monthly : Vol.24(1) Page 12 the recent football games they had “Will they know? Will they know?” fighting for a change. watched... Suddenly someone started talking about the human “Will I be arrested under the ISA if I The Barisan Nasional has suc- rights situation in Malaysia, and do not vote for the Barisan ceeded in silencing Malaysians the volume is lowered. The crowd Nasional?… ah, never mind... better and thus, people continue to be huddled together in hushed play safe, I will just vote for the oppressed and deprived of their tones; some turn to look around, Barisan Nasional.” rights today, tomorrow and for- perhaps to ensure that there was ever - a victory for the Barisan no one too close to eavesdrop on At the orientation session at the Nasional.. the conversation. KL legal Aid Centre, the facilitator has just asked me to list out the Peace is our promise, say the One wonders “Is the Special negative things in Malaysia. What Barisan Nasional leaders, and Branch taping this conversation” should I do? There are spies all that is what we have achieved and or “will I be arrested under the ISA over…now who is the police spy?... all Malaysians now live in because I am talking about some Should I be open and speak out about Peace... human rights issue?” One or two all the violation of human rights? try to change the topic and get Yes...no...yes...well, I’ll play safe Peace, however is not true peace back to the recent goals scored in and…OK..well, one of the negative if there is no justice and human the English Premier League soc- things is that the “public toilets rights. cer game the previous night. An- are dirty and smelly”, and an- other stand up and excuses him- other is that there are always “traf- Peace is not achieved by the sup- self, stating he has to use the toilet fic jams”, and the third is that there pression of dissent or by the in- (even though he just got back less is “flooding whenever it rains’... culcation of fear. than 5 minutes earlier!) Well, those would be the safe answers Hello, we are human beings - not Do Not Vote to give. Phew, that was a close call; sheep or cattle. We have brains For The Opposition lucky I played smart and found three and we can think. We have opin- things negative and did not have to ions, ideas and thoughts - and the At the ballot box, the voter con- say anything about the other injus- suppresssion of these makes us siders whom to vote for. Shall I vote tices and human rights violations inhuman. for the DAP candidate - for after around me. Being a lawyer is all he is a good guy, clean and tough…and now the facilitator is Let us all confront our fears. Let concerned about the people and telling me that one thing that a us all be human beings. Let us all the nation? Then other thoughts lawyer must do is to uphold the live full, holistic lives. Let us all creep in: cause of justice without fear or fa- be vocal and expressive and ac- vour. tive participants in the building “Ahhh...but then they will know and of a society where justice and hu- I will be “blacklisted”...I may not get Do Not Fear man rights are the foundation, the low-cost house that was promised thus leading to a community liv- to me which I have been waiting for Yes, Fear is still a prevalent feature ing in true peace - not an artificial in the ‘rumah panjang’ I am now liv- in our Malaysian society - and one “peace” just because we are too ing in for the past 15 years — since I of the things that we have to over- fearful to speak out for change. first came here when my ‘squatter come is Fear. Let us fight and cam- community’ was evicted.” paign for Freedom from Fear. Freedom from fear Feedom to be able to express, “Will my promotion be affected?” Fear keeps Malaysians silent and to assemble and to voice our opinions. quiet and accepting all that is Freedom to choose our leaders, “Will my business permits be taken wrong in our society. They become Freedom to participate in the govern- away?” too afraid of speaking out and/or ing and development of Malaysia.q

Aliran Monthly : Vol.24(1) Page 13 REGIONAL J B Jeyaretnam: Defender of Human Rights by Sinapan Samydorai

hink Centre has con- As one observer has said: “So I TTT ferred its first ever hu- would say it’s time for the man rights honorary Singaporean government to have award to J B Jeyaretnam an overall review of the defama- - arguably Singapore’ most fear- tion law in Singapore. I think there less and famous human rights ac- should be legal reform to ensure tivist - to mark Human Rights Day that freedom of expression is ad- on 10 Dec 2003. equately protected,” Albert Ho, on behalf of the Asian Human Rights Think Centre aims to confer the Commission. [AFP, April 2, 2002] Human Rights Defenders’ Award to outstanding Singaporeans who He could no longer practise law have contributed to the promotion as a brankrupt. At 78 he is forced and defence of human rights. to sell his books in the streets for his living. He is no quitter and He struggles to deliver justice Mr.J.B. Jeyaretnam, 78, is the desires to get into parliament af- former Secretry-General of the ter paying-off his debts with re- to participate freely in public life. Worker’s Party and Member of gard to the bankruptcy. Parliament. J. B. Jeyaretnam wants the best for He struggles to deliver justice for his people and he was brave and He was elected to parliament in the poor, the discriminated and critical of the government in par- 1981 as the first non-People’s Ac- the working people. Jeyaretnam liament. He never succumbed to tion Party (PAP) MP since inde- challenges the government on a the pressures of being an opposi- pendence in 1965. In 2001, he lost range of issues including high tion politician and many call him his parliamentary seat after being ministerial salaries, the role of the the lion of Singapore politics. For declared a bankrupt for not pay- judiciary, fair trial, police methods many people who were disaf- ing the massive damages of investigation, defamation laws, fected by PAP policies that meant awarded to PAP members in a se- freedom of the press, and work- a lot. ries of defamation suits. Due to ers’ rights. this, he is also barred from stand- J. B. Jeyaretnam still struggles to ing for parliamentary seats in fu- The Singaporean government has establish his belief for a Singapore ture elections. a history of using civil defamation based on justice and democracy. suits to stifle political opposition. He is still a champion of human Jeyaretnam believes the defama- Such defamation suits place un- rights. J. B. Jeyaretnam is still fight- tion suits against him were politi- reasonable restrictions on the ing on.q cally motivated to remove him right of Singaporeans to peace- from parliament. fully express their opinions and Source: Think Centre, Singapore

Aliran Monthly : Vol.24(1) Page 14 Lee Kuan Yew Still Standing More Open Singapore: On J.B. Jeyaretnam Have We Not Heard To some, he is a foolhardy trou- All This Before blemaker who took on the Singa- Put it this way. As long as pore PAP government and lost, Jeyaretnam [Workers’ Party suffering personal ruin in the I see DPM Lee (Hsien Loong) is leader] stands for what he process. saying he will continue to open stands for — a thoroughly de- up Singapore. structive force — we will knock .... My purpose in entering poli- him. There are two ways of play- tics was to try and bring about a Have we not heard all this before. ing this. One, you attack the democratic system of govern- Goh Chok Tong said it when he policies; two, you attack the sys- ment. The job has not been done assumed office. tem. Jeyaretnam was attacking yet, and I feel that as long as God the system, he brought the Chief gives me the health and the Our citizens, however, continue to Justice into it. If I want to fix you, strength, then I will carry on the be presented with the inscrutable do I need the Chief Justice to fix fight to bring about responsible face of government. Perhaps we are you? Everybody knows that in opposition in Parliament. I’m talking of different things. When my bag I have a hatchet, and a very grateful that I don’t have our ministers speak of opening up very sharp one. You take me on, diabetes, heart trouble, liver they refer to bartop dancing and the I take my hatchet, we meet in the problems or any of the major ail- like. Not the government decision- cul-de-sac. That’s the way I had ments which normally affect making process, which remains to survive in the past. That’s the people my age.” closely shut out from the citizens way the communists tackled me. on whose behalf the decisions are He brought the Chief Justice into Jeyaretnam does not limit his purportedly made. the political arena. concerns to democracy in Singa- pore. “I think that the world at Recently Open Singapore Centre Source: the moment is in a very sorry was refused a licence for an indoor mess. Last year I had hoped that meeting. When as Chairman I things would settle down, but I asked for the reasons I was told I Everybody think what happened in Iraq has could not have the reasons. It was brought on a great uneasiness against public interest to allow the knows that in the world about unchecked meeting and it was against public US power.” interest to tell us why the meeting in my bagbagin was against public interest. I havehaveI .... Yet for all his battles, leaving his beloved Singapore is some- So would DPM Lee for the sake of a hatchet,hatchet,a thing that Jeyaretnam would not clarity tell us what opening up is consider. he referring to;. Is he perhaps in- and a veryveryand tending to allow topless dancing. sharp oneonesharp The Star 7 September 2003 J.B. Jeyaretnam 7 January 2004

Aliran Monthly : Vol.24(1) Page 15 ACCOUNTABILITY

The saga of Telecoms Shares A Clarification 14 Years Later by Tan Sri Dato G. Vadiveloo

refer to your cover story with instructions II which appeared in that “Urusan pem- III Aliran Monthly Vol. bahagian saham- 23(11) published in De- saham ini akan cember 2003. In reply, thereto, I diuruskan oleh wish to clarify as follows. Kementerian Kewangan”. It is public knowledge that Maika Holdings Berhad (MHB) did not Upon receipt of the at any time apply to the Govern- MD’s letter dated ment for an allocation of STMB 28.9.1990, Dato Seri shares that were offered to the Samy Vellu re- public in 1990. What Tan Sri G.K. quested the MOF to Rama Iyer did was to approach allocated 1 million Dato Seri Samy Vellu and follow shares to MHB and up with his letter dated 28.9.1990 to allocate the bal- seeking Dato Seri’s good offices to ance of 9 million obtain an allocation of 1 million shares to the three STMB shares. The MD of MHB companies which had under- While we do not know what the also enclosed a draft letter ad- taken to channel the profits to MD told Cik Munirah over the dressed to the PM and sought Maju Institute of Educational De- phone on 4.10.1990, we do know “saham STM sejumlah 1,000,000 velopment (MIED), which owns that Cik Munirah responded untuk MHB”. Copies of the letter Tafe College. within hours of the phone call and dated 28.9.1990 and the draft let- delivered letter dated 27.9.1990 ter dated 29.9.1990 are enclosed However, on 4.10.1990, the MD allocating 10 million shares to herewith. of MHB contacted Cik Munirah Maika Holding in clear contraven- of the MOF by phone without the tion of the directive contained in The draft letter clearly indicates knowledge and consent of Dato the letter dated 22.9.1990 from that the MD of MHB was not Seri Samy Vellu, who was en- MITI. aware that, upon the application trusted with the responsibility of MIC, the Ministry of Trade and to obtain the STMB shares for Apart from the fact that the 10 Industries (MITI) had by letter MHB. The MD did not even in- million shares were allocated to a dated 22.9.1990 already approved form the Chairman of MHB or non-applicant in such great haste, 10 million of STMB shares to MIC its Board before contacting Cik how or why the letter of alloca- and had sent the said letter of ap- Munirah by phone. It is also tion was prepared and addressed proval to Arab-Malaysian Mer- doubtful whether the MD re- to Maika Holding on 27.9.1990 chant Bank (AMMB), the princi- vealed to Cik Munirah that he even before the first ever letter pal underwriters of the public of- had written letter dated dated 28.9.1990 from MHD re- fer. A copy of said letter dated 28.9.1990 to Dato Seri seeking garding the STMB shares, is puz- 22.9.1990 was also forwarded to his help to secure 1 million zling indeed. Cik Munirah obvi- the Ministry of Finance (MOF) STMB shares for MHB. ously did not know of the exist-

Aliran Monthly : Vol.24(1) Page 16 ence of MHB until the phone call her superiors after the meeting on on 4.10.1990 from the MD since 8.10.1990 in order to obtain the 10 she addressed the said letter to million shares initially offered to “Pengarah, Maika Holding ... No. 1, MHB. Jalan Rahmat/Tuan Ismail” when it ought to have been addressed to The three companies arranged “Pengurus Besar, Maika Holdings their own loans with the shares Bhd ... No. 1, Jalan Rahmant, Off as collateral and signed as Mar- Jalan Tun Ismail”. gin Trading Facility Agreement which stipulated that the bor- The letter of allocation dated rowers must top-up if the share 27.9.1990 was invalid and of no price was below $7.00 upon list- effect whatsoever since there ing so that the bank had a cush- was no entity known as “Maika ion of $2.00 at any time. Unfor- Holding” nor a road known as tunately, the shares were traded “Jalan Rahmat/Tuan Ismail.” In Lim Kit Siang revealed that the son and at $5.80 or thereabouts upon list- any case, the MOF had no pow- brother-in-law of Dato Seri Samy Vellu ing and none of the companies ers to alter the name of an allotee were not directors was in a position to top-up as mentioned in the letter dated required by the bank. Hence the 22.9.1990 from MITI, which was of the STMB shares at $7.00, the shares were sold soon thereaf- the approving authority for spe- MD’s assessment was that the of- ter and the proceeds of sale were cial allocations. It is therefore fer price of $5/- was high and that used to pay off their respective not surprising that Cik Munirah the Net Asset Value was only loans to the bank and the prof- soon realised her mistake and $2.70. The MD therefore recom- its were handed to MIED to pur- retracted the initial offer of 10 mended that “MHB purchase 1 chase furniture, fittings and million shares to MHB and is- mittlion shares of STM allocated equipment for Tafe College. sued a fresh letter of offer of 1 by the Ministry of Finance”. A Therefore the statement by Ram million shares on 6.10.1990. copy of the Board Paper is en- that Dato Seri Samy Vellu had closed herewith. taken away RM120 million in Incidentally, the press release profit from Maika is completely dated 16.5.1992 by the MD was It should be noted that the mem- untrue. not a contemporaneous statement bers of the Board of MHB were not as claimed by him. The press re- aware of the actions taken by the The Press Statement dated lease was made 20 months after MD to obtain the STMB shares. 7.5.1992 by Lim Kit Siang revealed the events whereas the Board Pa- The Board Paper did not mention that the son and brother-in-law of per dated 6.10.1990 and tabled at anything about the letter dated Dato Seri Samy Vellu were not di- the special meeting of the Board 28.9.1990 nor about the phone rectors of SB Management Services of MHB on 8.10.1990 was in fact calll made by the MB to Cik Sdn Bhd and Advanced Personal the contemporaneous statement Munirah on 4.10.1990. Computers Sdn Bhd which had a made by the MD. issued capital of RM250,000. q There was no complaint whatso- In his Board Paper dated ever by the MD regarding the re- 6.10.1990, the MD stated that the traction nor any suggestion that Tan Sri G. Vadiveloo price of STMB shares might drop the MOF had wrongly deprived was a former secretary- below $5/- “if the Gulf crisis per- MHB of its rightful allocation of general of MIC and sists” and that “one can expect a 10 million shares. The MD in fact president of the Senate lot of STM sharres to be unloaded described the offer by MOF as “a in the market, especially by em- good gesture to the Company”. It This letter has not been ployees of STM. It may again de- is also pertinent to note that the edited in any way. press the price”. Furthermore, MD did not make any attempt to despite a stockbroker’s valuation contact Cik Munirah nor any of

Aliran Monthly : Vol.24(1) Page 17 ECONOMY Is The Government Facing A Fiscal Crunch? Is this the reason for Nor Mohamed Yacop's appointment as Finance Minister II?

niversity operating Less crippling, but still threaten- UU budgets have been ing to the functioning of academ- UUU slashed to the bone. Re- ics as researchers, is a prohibition liable sources indicate on overseas travel without KSU that the cuts are of the order of 70- approval, regardless of the source 80 per cent of 2003’s operating of funding. There was such a limi- budgets. tation during the 1997-98 finan- cial crisis, but we are told that we The severity of the cuts will crip- have recovered from the crisis. ple the ability of the already un- Whatever their rationale, limita- Prime Minister has made it a pri- derfunded universities to func- tions on travel serve to isolate ority of his administration to en- tion. Malaysian academics and re- sure that our higher education searchers at a time when interna- produces the `software’ needed to On top of the cuts, there is a rul- tional collaboration is critical. manage the `hardware’ inherited ing that there can be no new pro- from the Mahathir era? gramme — no dasar baru, to use However, there is a larger eco- official jargon — that is, no new nomic question: Is the government Does the appointment of Nor proposal requiring its own budget facing a fiscal crunch? Mohamed Yakcop as Minister of line. Universities, facing a rapidly Finance II have anything to do shifting environment and hori- This question was floating around with this? After all, Nor zons, need to change. They can- when the government was pump- Mohamed, aside from that un- not do so by minor tinkering with priming the economy, and when happy episode of costly currency existing programmes and poli- the Mid-term Review of the 8th speculation in the early 1990s, is cies. Plan suggested that most of the al- regarded as a `fire-fighter’, the locations for the plan period had man to call upon in a crunch. There is an additional ruling. already been disbsursed and This year’s budget cannot be spent. Is your agency or department fac- used for purchasing equipment ing a budget cut? other than equipment required Piecing the university budget cuts for teaching. To ensure that this with Prime Minister Abdullah We would like to hear from you, ruling is observed, since equip- Badawi’s call for setting priorities as this is one area that will not get ment and consumables required and for prudential spending sug- much of an airing unless the peo- for research are part and parcel gests that the government indeed ple raise it. Write, fax or email any of post-graduate teaching, all faces a crunch. information you have on this mat- equipment purchases must have ter to: Aliran the direct approval of the Chief If not, why is the government im- Tel: 04-6585 251 Secretary (KSU) of the Ministry posing such severe cuts on higher Fax: 04-6585 197 of Education. education, especially when the email:[email protected]

Aliran Monthly : Vol.24(1) Page 18 GLOBAL ACTIVISM WSF - Festival Of The Oppressed

he official theme of the zations held opposite the WSF But I’m ahead of my story. I ar- World Social Forum grounds if you cared to go! rived in Mumbai late in the TTT (WSF) was of course evening from Kuala Lumpur “another world is possi- Soaking In along with a bunch of other WSF- ble” but that expresses an aspira- The Panorama ers, and must admit that I found tion rather than a reality. Perhaps on arrival at this famed city both Alex Callinicos’ phrase above is Yes, all shades of “the oppressed” refreshing and a culture shock. more a accurate depiction of what came out in numbers and it was India’s financial, industrial, com- really happened in Mumbai from particularly heartening to see mercial and entertainment hub January 16-22. dalits (the unscheduled lower and de facto capital of 13 million castes or “untouchables”) parad- is truly a city of contrasts. I was This notwithstanding, it was an ing daily in the Goregaon Nesco whisked uncomplicatedly by my occasion which has no parallel exhibition grounds (where the hotel pickup to my not-so-stylish in my recent experiences. A WSF was held) in protest of their hotel in the Andheri area and was hundred thousand partici- plight. If there is one failure of thankful for the lack of touts want- pants, over 200 speakers, 12 Indian democracy it is its inabil- ing to get a piece of the unsuspect- conferences, panels and ity to remove the scourge of caste- ing tourist. The transport system roundtables, 300 seminars and ism from its society. This was am- is wonderfully efficient in workshops everyday, films ply demonstrated by the daily ap- Mumbai with a backbone of a de- street plays performed simulta- pearance - the chanting and danc- pendable railway system and the neously in 13 different locations. ing - of dalits at the WSF amidst 24-hour availability of taxis and And, to top it all, there was also the crescendo of drums, which three-wheeled auto rickshaws. the ‘Mumbai Resistance” or- indeed “celebrated” their oppres- Despite the Mumbai traffic, it was ganized by some 30-odd organi- sion. remarkable that one never really

Aliran Monthly : Vol.24(1) Page 19 got stuck in interminable traffic jams like those of Bangkok or Ja- karta.

Getting to the Nesco grounds was a breeze in an auto rickshaw or taxi. I recommend the first method because for a quarter of the taxi price you will get a veritable rollercoaster ride on the streets of Mumbai! And along the route you can soak in the panorama of Mumbai life laid bare before your eyes; bustling commercial life, four-star and five-star hotels not so far from masses of humanity, some living in dilapidated mudflats amidst the dust, grime, the first day to the major events Gilberto Gil of Brazil as din- pollution and noise – it was truly would have been useful. Well, the ner beckoned (the programme absorbing. programme did come eventually, was at least one hour behind but it wasn’t much help either be- time). Well Organised cause you invariably had to make difficult choices and, like me, may • Ahmed Ben Bella, Arundhati But back to the WSF story. First, have ended up missing most of the Roy, Jeremy Corbyn did their one must say it was remarkably many events you wanted to attend thing as speakers but we at the well organized. Friends and col- for one reason or another. back of the Maiden open space leagues promised that it would be were struggling to listen totally chaotic, but in truth it Another World amidst the cacophony of wasn’t that bad for an occasion Is Here drums and dancing. that boasted the hosting of well over 1,000-odd events in one Most people had to event-hop to • The next day saw the big ven- venue! Security was excellent and get a smattering of the best and ues (main halls, 1-5) hosting there were no ‘incidents’ on the the brightest of the WSF. And then panels on food sovereignty grounds that I could remember. you also have to visit the exhibi- and natural resources, One was electronically screened tions, see the performances, the women and globalization before entering the grounds; there films, and get some sustenance in and war militarism and were large maps at strategic points between. In short, you ended up peace, WTO, NAFTA and to show the venues of events, lots doing very little of what you’d re- FTAA, people’s world water of water dispensing kiosks, ad- ally intended and became quite forum, movements on sexu- equate and clean toilets, assist- fatigued midway through the day, ality issues, human rights, ance booths and food courts. content to sit down somewhere or nuclear war, socialism, deep- What else could one ask for? wishing you were back in your ening democracy, etc. Among hotel! the ‘alternative’ intellectuals Yes, a programme – which unfor- who spoke were Maude tunately did not come until the But here is a smattering of the Barlow (Canada), Sunila midpoint of the second day. That events, panels, seminars and Abhyasekaraya (Sri Lanka), was the only major ‘glitch”. The workshops of the WSF: Nyugen Binh (Vietnam), smarter ones amongst us would Chandra Muzaffar (Malay- have downloaded some of the in- • On opening night, Junoon, the sia), Walden Bello (Philip- teresting events from the Internet, Pakistani sufi rock band was pines), and Vandana Shiva I suppose, but some guidance on in it its element but I missed (India).

Aliran Monthly : Vol.24(1) Page 20 America solidarity, how to start and organise an NGO in Brazil, a world tribunal on Iraq, to name a few.

Basically, whatever contemporary political, social, economic prob- lem or issue of the day one could think of was represented by activ- ist groups and discussed and de- bated in Mumbai. Admittedly, 80 percent of the participants were Indian and not all the discussions were necessarily illuminating nor were any solutions ever found to the many problems that still afflict the world. However, by the time I • The second day saw discus- had to leave and had experienced sion on issues such as the • A world dignity forum was three days of WSF, I was already world court of women against held on the third day, along fully convinced — despite a touch war, media, culture and knowl- with panels on racism and of diarrhea! — that another world edge, the US occupation of Iraq caste-ism, globalization and was actually present, vibrant and and Afghanistan, wars social security, tribals and vio- alive in Mumbai 2004. against women, women lence, political bodies and against wars, political parties emancipatory struggles, war Johan and social movements, chil- trade and finance, sustainable dren’s rights, debt, corporate workplaces, transformative Photos by Nadarajah, accountability, and engage- education, Africa-Latin Asian Communication Network ment with Gandhi. Speakers included the likes of Winnie Mandela, Ramsey Clark, Mary Robinson, Mustafa Bargouti, Ashish Nandy, Richard Falk, and Irene Khan.

• Seminars and workshops fo- cused on topics such as the ef- fects of agent orange in Viet- nam, child poverty, cultural resistance to globalization, domestic violence, fundamen- talism, left, right and centre, globalization and indigenous peoples, humanity above na- tionality, progressive Islam and liberation theology, chal- lenges before media, democra- tisation in Burma, eco-villages, trafficking of women and chil- dren, the other worlds: coun- tering hegemonic order.

Aliran Monthly : Vol.24(1) Page 21 OBITUARY The Passing Of A Passionate Freedom Fighter

t is with pain and sorrow ence, for that is not to have lived II that we announce the at all.” III passing of DJ Muzaffar Tate. Desmond, as we Desmond did not just fade away all called him, passed away on without a trace of his existence January 3, 2004 at 3.30 pm - 3 nor without being useful to his days after the birth of the new country. He was a patriotic citi- year and 16 days short of his zen of this country right to the 75th birthday. very minute of his death, even though its leaders may not ac- Desmond was a long-standing knowledge this. member of Aliran - almost 21 years of membership - having On Saturday, minutes before his joined the organization in March death, he called up his friend to 1983. He served two brief stints make a request. Desmond was on the Executive Committee from D J Muzaffar Tate to represent Aliran at the October 1992 - May 1993; and 19 Jan 1929 - 3 Jan 2004 Suhakam-organised one-day again from October 1998 - Septem- consultation on the Formation ber 1999. of the Media Council on Thurs- without fail call up very apologeti- day, January 8, 2004. He was too He was an old warrior who never cally to ask if he could substitute sick to represent Aliran and gave up fighting. He did not know a word or add a phrase. He was therefore requested this friend to how to slow down or when to take very meticulous and very thought- stand in for him. His friend told it easy. He was always on the ful and thought-provoking in all him to speak to me because of move, obliging every request and that he had written. certain concerns. Desmond taking on duties assigned to him agreed with him and told him cheerfully. He was one of those rare breed of that he would call me. He hung Malaysians who gave his all for up. And within minutes he was He was very responsible and to- the cause. He was totally im- dead. tally dependable. He repre- mersed in whatever he undertook sented Aliran every time he was and was completely committed to This speaks volumes for the man. asked to take on duties on be- the issues of justice and democ- Instead of attending to his health- half of Aliran. Because he did racy. related problems, he was very con- not know how to say “No”, we cerned that Aliran should be rep- took advantage of his generous Desmond reminds us of Napo- resented. Without doubt, he was nature. Ever so often he was the leon Bonaparte’s famous quota- someone who would walk the last only one we could turn to. tion,” Die young, and I shall ac- mile with you without fail. cept your death - but not if you He had written so many times at have lived without glory, without P. Ramakrishnan short notice for the Monthly. After being useful to your country, with- President submitting his article, he would out leaving a trace of your exist- 3 Jan 2004

Aliran Monthly : Vol.24(1) Page 22 OBITUARY Farewell Desmond A diehard idealist who struggled to the end

esmond John Muzaffar topics of educational or career DD Tate died in the after- importance. He thus opened the DDD noon of 3 January in his minds of many young Malaysians elegant new house in and inspired their career choice. Gombak. In the middle of last year, Desmond found that he had a Much Loved heart condition and he was receiv- ing treatment for it. He was always calm and courte- ous and he never ever raised his I first met Desmond in 1972 when voice, even under the most trying I was an editor at the Oxford Uni- circumstances. His students loved versity Press and Desmond was a him because he was approach- leading history author. I was able, helpful, kind and generous, struck by how friendly, unassum- but also because of the way in ing and soft-spoken he was. We which he made history come alive. became good friends in the early He inspired deep loyalty and 1980s, when we were both edito- child. He read South-East Asian abiding affection. Years later, in rial managers with OUP. We often history at the SOAS, University of 2001, when disaster struck and a lunched together and discussed London. He first came to Malaya landslide demolished his house common interests: books, litera- in 1952 as part of his national serv- and took the life of his eldest son, ture, history, films, drama and ice in the British army and he his ex-students rallied and raised politics. loved the country. He went back funds to help him build a new to Europe and taught in English house. Desmond was deeply Desmond was very excited about in Barcelona for two years before touched and somewhat awed by the work that Chandra and his he returned to Malaya to serve the their generosity, little realizing, group were doing in Penang and Ministry of Education in 1956. with his characteristic humility, he was convinced that it would that he was now reaping what he bring about a sea-change in social He taught at some of the leading had sown. and political consciousness in schools: Anderson in Ipoh, the Malaysia. Desmond decided that Malay College in Kuala Kangsar Desmond was a diehard idealist. I should join ALIRAN and I ac- and Sultan Abdul Halim in He was deeply committed to truth, quiesced. Since then he has been Kedah. He was a legendary justice and democracy. He was a gentle presence in my life, prod- teacher of history and a noted ca- most distressed by the events that ding me every now and again reer counsellor. Students who undermined the judiciary and the when he felt I should pay atten- needed advice in career choice constitution. More recently, he tion to a public interest issue. called on him. He would take was upset by the Anwar Ibrahim them to Ipoh and other major episode and was actively involved Opening Minds towns, often at his own expense, in the protest. to meet professionals to get first- Desmond spoke very little about hand information. He invited Immensely Talented his early life in England. He was well-known politicians, scholars born in London in 1929, an only and eminent Old Boys to speak on The remarkable thing about

Aliran Monthly : Vol.24(1) Page 23 Desmond is that he was open to Teacher, headmaster, administra- squirreled away cash and bought revising his opinions and even tor, school inspector, author, edi- a piece of land without his per- orientation. He was never dog- tor, publisher, commentator, activ- mission in Kampung Pusu, not far matic. He did move from being a ist. Has anyone else such com- from their old house. The beauti- traditional historian to one of the pass? ful little bungalow they built there post-colonial school. In interna- was tastefully furnished with tional affairs, his outlook changed Home Again some old English Tate family radically from the first Gulf War pieces. It is altogether fitting that to the second. He became more I last saw Desmond on 11 Octo- Desmond and Rogayah enjoyed deeply thoughtful and contempla- ber, when another good friend, their very own house once again tive in the last ten years of his life, Noor Azlina Yunus, and I were for four months before he died. when he found deeper spiritual the first guests of the Tates for af- fulfillment in Islam. ternoon tea at their new house. Desmond never took a break. He Desmond met us at an appointed worked very hard on several Desmond was a scholar without place in Gombak. We realized he projects simultaneously. He con- academic appellations. He had a had grown smaller and appeared tinued his commitments to public broad and deep knowledge of his- frail. He fitted rather neatly into interest causes to the end. He did tory and an infinite fund of wis- his little Kancil. not realize how tired he was. Rest, dom. He could speak authorita- dear friend, rest. tively on a wide range of topics. He was so proud of the fact that Rogayah, his beloved wife, had Edda de Silva He was an immensely talented writer, with a remarkable com- mand of the English language. He often juxtaposed words in star- tling combinations that gave ar- resting new meanings. He dredged long-forgotten and rarely used words through his quick wit for sheer amusement and enjoy- ment. In this sense, he was the quintessential Englishman. He had a great sense of humour and was most entertaining company.

Creative Genius

In the last fifteen years, Desmond made a living out of writing cor- porate profiles, club and society histories. Ever the creative genius, Desmond was not always practi- cal in terms of time and budget constraints. He delved so deeply into a subject, researching for the sheer love of history, that he often wrote too much and took too long. If anything, he was too generous with his time and too concerted in his commitment. Desmond and Rogayah at the Aliran AGM on 22 Nov 1998

Aliran Monthly : Vol.24(1) Page 24 ALIRAN’s ISA WATCH List Of ISA Detainees As At 31 Jan 2004

S/noS/noS/no NamesNamesNames Effective date StatusStatusStatus Alleged Group 1 . Ahmadi bin Asab 20.12.00 Extended Shiah 2. Muhd Azian bin Abd Rahman Nazri 11.08.01 Extended KMM 3. Murad Halimuddin bin Hj Hassan 11.08.01 Extended KMM 4. Ahmad Tajuddin bin Abu Bakar 24 09.01 Extended KMM 5. Zainon bin Ismail 24.09.01 Extended KMM 6. Abu Bakar bin Che Doi 24.09.01 Extended KMM 7. Asfawani bin Abdullah 24.09.01 Extended KMM 8. Ahmad Pozi bin Darman 24.09.01 Extended KMM 9. Solehan bin Abdul Ghafar 24.09.01 Extended KMM 10. Alias bin Ngah 24.09.01 Extended KMM 1 1 . Md Lotfi bin Ariffin 24.09.01 Extended KMM 1 2 . Nik Adli bin Nik Abdul Aziz 24.09.01 Extended KMM 1 3 . Rasid bin Ismail 05.10.01 Extended KMM 14. Muhamad Zulkifli Bin Mohd Zakaria 06.12.01 Extended KMM 1 5 . Khairuddin bin Saad 06.12.01 Extended KMM 16. Muhamad Zulkepli bin Md Isa 06.12.01 Extended KMM 1 7 . Mat Salleh bin Said 06.12.01 Extended KMM 18. Ashraf Barreto Kunting 14.12.01 Abu Sayaf 19. Zid Sharani bin Mohamad Isa 04.01.02 KMM 20. Yazid bin Sufaat 30.01.02 Extended JI 2 1 . Ahmad Yani Ismail 22.02.02 JI 22. Abd Samad Shukri bin Mohamad 22.02.02 JI 23. Abdul Razak bin Baharuddin 22.02.02 JI 24. Mohd Sha bin Sarijan 22.02.02 JI 25. Ahmad Sajuli bin Abdul Rahman 22.02.02 JI 26. Suhaimi bin Mokhtar 22.02.02 JI 27. Shukry Omar Talib @ Shukri bin Omar 28.02.02 JI 28. Muhamad Faiq bin Hafidh 28.02.02 JI 29. Shahrial @ Syahrial bin Sirin 28.02.02 JI 30. Mohammed bin Kadar 28.02.02 JI 3 1 . Abdullah bin Daud 28.02.02 JI 32. Muhamad Ismail bin Anuwarul 28.02.02 JI 3 3 . Sharil bin Hat 28.02.02 JI 34. Nordin bin Ahmad 08.03.02 JI 3 5 . Mohd Nasri bin Ismail 08.03.02 JI 36. All Bakry bin Mohamed Alias 08.03.02 JI 37. Othman bin Mohd Ali 08.03.02 JI 38. Abdullah Minyak bin Silam 08.03.02 JI 39. Roshelmy bin Md Sharif 08.03.02 JI 40. Abdul Nassir bin Anwarul 08.03.02 JI 41. Idris bin Salim 14.03.02 JI 42. Ferry Muchlis bin Abd Halim 13.06.02 JI 43. Mat Sah bin Mohd Satray 13.06.02 JI 44. Mazlan bin Ishak 13.06.02 JI 45. Jafar bin Saidin 13.06.02 JI 46. Yusrin bin Haiti 13.06.02 JI

Aliran Monthly : Vol.24(1) Page 25 ISA WATCH List Of ISA Detainees As At 31 Jan 2004

S/noS/noS/no NamesNamesNames Effective date StatusStatusStatus Alleged Group 47. Syed Ali bin Syed Abdullah 13.06.02 JI 48. Shamsuddin bin Sulaiman 13.06.02 JI 49. Agung Biyadi b Ahmad Bunyamin 13.06.02 JI 50. Shakom bin Shahid 13.06.02 JI 5 1 . Nasharuddin bin Nashir 13.06.02 JI 52. Azmi Khan bin Mahmood 13.06.02 JI 53. Masran bin Arshad 27.08.02 JI 54. Wan Min bin Wan Mat 21.10.02 JI 55. Abdul Murad bin Sudin 02.12.02 JI 56. Nik Abdul Rahman bin Mustapa 02.12.02 JI 57. Bakkery bin Mahhamud 02.12.02 JI 58. Mohd Zamri bin Sukirman 31.12.02 JI 59. Sabri bin Jaafar 31.12.02 JI 60. Zamzuri bin Sukirman 16.01.03 JI 61. Abdul Rasid bin Anwarul 16.01.03 JI 62. Mohd Azmi bin Abdul Rahim 16.01.03 JI 63. Mohd Kamrudzaman bin Samsudin 16.01.03 JI 64. Abdullah bin Mohamed Noor 06.02.03 JI 65. Zaini bin Zakaria 06.02.03 JI 66. Zainun bin Rasyhid 06.02.03 JI 67. Mohidin bin Shari 06.02.03 JI 68. Abd Razak bin Abd Hamid 05.03.03 JI 69. Shahime bin Remli 08.03.03 JI 70. Abdul Hanif bin Mansor 08.03.03 JI 7 1 . Alias bin Sani 08.03.03 JI 72. Rezzal Shah bin Jamal Shah 08.03.03 JI 73. Abdul Manaf bin Kasmuri 20.03.03 JI 74. Wan Amin bin Wan Hamat 20.03.03 JI 75. Azman bin Hashim 17.04.03 JI 76. Mohd Fadhali bin Abdul Raof 17.04.03 JI 77. Mohd Amin bin Musa 02.05.03 JI 78. Sulaiman bin Suramin May 03 onwards JI 79. Liew Ying Kit May 03 onwards Counterfeiting 80. Low Thiam Chai May 03 onwards Counterfeiting 81. Yap Siau Hin May 03 onwards Counterfeiting 82. Looi Hing Boon May 03 onwards Counterfeiting 83. Lee Nyok Pin May 03 onwards Counterfeiting 84. Alias bin Othman May 03 onwards JI 85. Yeo Hock Cheong May 03 onwards Counterfeiting 86. Noralawizah Lee bt Abdullah 10.10.03 JI 87. Mohd Ikhwan Abdullah 10.11.03 JI 88. Muhammad Radzi Abdul Razak 10.11.03 JI 89. Abi Dzar Jaafar 10.11.03 JI 90. Mohd Akil Abdul Raof 10.11.03 JI 91. Eddy Erman Shahime 10.11.03 JI 92. Khaider Khadran 11.01.04 JI

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Aliran Monthly : Vol.24(1) Page 27 LABOUR Trade Unions And Politics Though they are not political parties, trade unions are political organisations by K George

s it absolutely necessary Of course, the numbers required II that trade unions should have fallen. III be involved in politics? There are people these Uprooted from their villages, the days who argue that trade unions workers had no choice but to de- must keep out of politics. They say pend entirely on their meagre so either out of ignorance or to wages. Employers had the pre- mislead their audience. rogative to “hire and fire”. Exploi- tation of workers was rampant. This article aims to establish the Alone they were totally helpless. United Nations. importance of the trade union in- volvement in politics. First, let me Neccessity was the mother of in- Political Connections explain briefly how trade unions vention. They realized that if they came into existence. were united they would be able to Workers organisations in many face their employer. That is how countries are directly allied Origin Of Trade Unions unions came into being. It was through confederations to politi- then known as combination. cal parties, which are committed All over the world trade unions Many governments declared com- to social justice, democracy, free- are known as organisations of the binations illegal. Many workers dom, peace and the emancipiation working people including agricul- lost their jobs. They were beaten of the working people. To name a tural workers and fisher folk. In up, tortured; jailed. But the strug- few, national organisations in Malaysia, employers are also al- gle went on. Australia, New Zealand, Eng- lowed to form trade unions under land, India, Philippines, and most the Trade Unions Act. However, Today trade unions have been rec- of the European countries have this article confines itself to work- ognized and accepted as legal been allied to their respective la- ers’ organizations. entities by democratic govern- bour parties. In the United States, ments. Their wings have spread The AFL-CIO, a very powerful or- Over two centuries ago, industri- to almost all parts of the world. ganization, is linked to the Demo- alisation came into existence in Nationally, they have federations cratic Party, which is more sym- many parts of the world. An in- and confederations. They also pathetic to the working people’s dustry consists of capital, man- maintain a relationship with in- aspirations. agement and labour. All three are ternational secretariats and inter- equally important. Capital alone national confederations like the There are also countries like Ma- is incapable of producing without International Confederation of laysia, where trade unions main- labour. Management is only re- Free Trade Unions (ICFTU). Over tain their independence. Nonethe- quired if there are workers. In spite and above, there is the Interna- less, most of them are fully aware of vast technological develop- tional Labour Organisation (ILO), that without involvement in poli- ment, the hand of labour is vital. which is one of the wings of the tics, the aspirations of the work-

Aliran Monthly : Vol.24(1) Page 28 ers can never be satisfactorily re- tion’s wealth - which in effect decisions and declaration. First alized. means that its demand for social and foremost, the symposium en- justice is justified. dorsed the long-standing conten- Goals Of Trade Unions tion: “A trade union is a political To realise the workers’ aspira- organisation but not a political The goal of trade unions is to strug- tions, political involvement is in- party.” gle for the rights and aspirations evitable. In the process, they have of the workers. Before elaborating, to reject capitalism, which in my In Malaysia, the Barisan Nasional I wish to underline that the vast opinion, is an evil system. If it be- (BN) (and before that, its predeces- majority of the working people comes the dominant economics sor, the Alliance) has been in possess only one thing – Labour - force in the world, the workers power since Merdeka in 1957. It to carry on with their life. It sim- will be the worst victims and is a coalition of several parties, ply means that the workers world peace will remain an unat- dominated by UMNO Baru. Some should receive a fair living wage tainable dream. of the other partners are also ra- (in return for the labour they con- cial parties, devoid of any definite tribute) and certain fringe benefits The ultimate goal of trade union- ideology. Under the circumstance, such as free healthcare, paid holi- ism is, therefore, to pursue the es- it is not desirable for the MTUC to days, leave with pay etc. Besides, tablishment of an egalitarian so- ally with any of the existing po- job security is vital. ciety. litical parties. Nevertheless, its involvement in politics is inevita- These are achieved through col- The MTUC And Its ble for the realization of the lective bargaining or labour laws. Political Involvement MTUC’s goals, some of which are: It is the responsibility of the gov- ernment to ensure the establish- The Malaysian Trades Union • Multiracial unity for harmony, ment of machinery for collective Congress (MTUC) is a peace and progress of the na- bargaining. Not all employers are multireligious, multiracial and tion. interested in collective bargaining. multicultural mass organization. • Elimination of exploitation of Several other claims are negotiated More than 300 trade unions are human being by human being. between the union and the em- affiliated to this workers-only na- • Eradication of poverty. ployer: bonuses, overtime pay- tional centre in Malaysia. The • Establishment of a society with ments, working hours, shift duty MTUC is a founder member of the social justice, equality and dig- allowances, gratuities, uniforms, ICFTU. These organizations, as nity. transport allowances, and hous- their names indicate, are solely • Preservation of human and ing/vehicle loans. committed to struggle for the trade union rights. working people’s aspirations. • Strengthening of the labour Then, there are other aspirations: movement so that it will be rec- unemployment benefits, old age Intermittently, the MTUC holds ognised as a force to be reck- pensions, low cost housing, and workshops and symposiums to oned with. free education. These are the re- review its achievements and fail- sponsibility of the government ures and to adopt the Workers’ Ideologically, the MTUC is op- Charter. The last symposium, held posed to capitalism, because the Workers’ organisations all over in May 1989, was entitled ”La- system emphasizes materialism the world are committed to strug- bour’s Struggle towards the year that generates greed, which in gle for democracy, equality, free- 2000”. That gathering of 105 top turn negates human values. Fur- dom and peace. Let me reiterate leaders from its national presi- ther, the national centre of la- that labour is an equal partner dent to the chiefs of divisions dis- bour in Malaysia also declared with capital and management, cussed all issues relevant to the that it would not subscribe to that they are the primary contribu- workers and arrived at specific communism because it is a sys- tors to the economic growth of a conclusions. tem that deprives the people of nation. Hence, it is entitled to an their basic rights and freedom equitable distribution of the na- Let me briefly highlight political and because everything is under

Aliran Monthly : Vol.24(1) Page 29 the control of the state. cal independence. Malaysia, had access to him.

The MTUC’s struggle should, (Part two of this article will ex- Yet Malaysian trade unions suf- therefore, be geared to the attain- plain how the above decision fered several setbacks. The ma- ment of an egalitarian society, in has been implemented and the chinery for collective bargaining which there will be freedom and setbacks suffered by the trade in the public sector, the National equality, human and trade union union movement in the Whitely Council, was replaced by rights; where there will be no pov- Mahathir era as well as the after a Joint Council (without any col- erty and starvation and no exploi- effects of the MTUC president lective bargaining rights) in 1979. tation of human being by human becoming a senator.) The function of this council is still being. To realise these goals and limited to giving views. Referring declaration, the symposium de- Implementation to the new situation, a prominent cided on a number of steps to be CUEPACS leader told a meeting taken. It must be underlined that the la- that we are involved in collective bour charter prepared by the sym- begging. Collective bargaining is Foremost of them is that at the time posium was adopted by the Gen- a fundamental right and primary of general elections, the MTUC eral Council and later by the Bi- function of trade unions, without will prepare a manifesto based on ennial Delegates Conference of the which a trade union is reduced to its charter and submit it to the MTUC held n December 1990 the status of a club. main political parties for their con- unanimously. sideration and reaction. Any party Article 125 of the constitution was that responses positively to the Considering the importance of the amended to enable the govern- manifesto will be asked to enter Political Bureau, the MTUC presi- ment to terminate the service of an into a Social Contract with the dent Zainal Rampak himself was employee in the public interest MTUC. After reaching the agree- appointed as the Bureau Chair- and the employee concerned is ment, MTUC will render unre- man along with several heavy denied the right to seek reinstate- served support and assistance weights from the organization. ment - which in effect means the including active campaigning for Zainal has been deeply involved public employees have lost their the party concerned,. In the event in politics, having been a member right to natural justice. more than one party accepts the of the Labour Party, Gerakan, manifesto, the general council will Pekemas, the DAP, Semangat 46 The cabinet committee handled decide on the choice of the party and finally UMNO Baru. He per- by then DPM Mahathir recom- based on its track record. sonally told me he was urged by mended a rejection of the report Anwar Ibrahim to join UMNO on the terms and conditions of The other steps proposed by the Baru. public employees submitted by symposium include the setting up the Ibrahim Ali Commission, of a powerful Political Bureau, to The MTUC had since its forma- which was appointed by the Gov- be targeted to develop a philoso- tion in 1949 mintained a friendly ernment when Razak was the phy of political trade unionism and working relationship with Prime Minister. and for the creation of a just and the Tunku, Tun Razak and Tun equitable society based on demo- Hussein Onn. Tunku was the Then came numerous abnoxious cratic principles. Political educa- guest of honour along with sev- amendments to the Trade Unions tion would be carried out at all eral Ministers at the opening cer- Act in 1980. All these setbacks to levels of the national centre to en- emony of the MTUC building in the trade unions may be attrib- sure that workers become aware Petaling Jaya. Tun Razak, de- uted to Mahathir’s overwhelming of the importance of political in- clared open the MTUC’s Silver influence on the then prime min- volvement. Jubilee Celebration and also made ister, Hussien Onn. q a RM25,000 donation for its Build- The symposium also made a ing Fund. Then came Tun This is the first of a two-part article. firm decision that the MTUC Hussien Onn. PP Narayanan, the The final part will be published in would not surrender its politi- most prominent union leader in our next issue.

Aliran Monthly : Vol.24(1) Page 30 seems to be between those “slow and steady” and those “fast and furious”. The old timers’ compa- nies grew through organic growth while the modern corporate chiefs relied heavily on borrowings and were extremely vulnerable to drop in KLSE indices. So where have all the capitalists gone? Some grew old and tired without ambi- tion, some have gone to grave- yards, some lost their political connections, some went bankrupt and some went into hiding! But life goes on.

K S Ong Letters must not exceed 250 words and must include the writer's name and address. Pseudonyms may be used. Send letters to : Impossible To Editor, ALIRAN MONTHLY, 103, Medan Penaga, 11600 Penang, Forgive And Forget Malaysia or e-mail to : [email protected] Views expressed need not reflect those of Aliran. If you are sending I refer to the article in the last is- by e-mail please include your message in the e-mail body itself. sue of Aliran written by S. We do not open attachments to avoid viruses. Arutchelvan, the pro-tem Sec.Gen. of Parti Sosialis Malaysia (PSM) and would like to respond to his Where Have All the saying goes, “easy come, easy statements as follows: The Capitalists Gone? go” and this is often reflected in their extravagant life styles, like 1. “Some of Chin Peng’s critics, There is one distinct difference be- owning private jets, Rolls Royces, I believe, are much influenced by the tween Chinese tycoons palatial homes and keeping high- later portrayal of Chin Peng (British and Malay tycoons in Malaysia. spending mistresses. All these propaganda: Chin Peng a Villain)” Given that both might have ben- trappings of wealth need high People who were made orphans efited from their political connec- maintenance which only those and widows by Chin Peng and tions, and there are exceptions by with very consistent high incomes his men are not influenced by Brit- reference to race, the former usu- can afford to sustain. As soon as ish propaganda. These are real ally started poor, knew life the crony contracts stopped, the people who had suffered because through hard knocks and are banks will be after them for non- their fathers or husbands were used to thrift in spite of their im- performing loans and outstand- murdered by the Communist mense wealth later. Examples ing credit card transactions. Party of Malaya (CPM). I would were the late Tan Sri Loh Boon like to refer Arutchelvan to letters Siew, the late Tan Sri Lee Loy Seng Even among the Chinese tycoons, in the Star written by “Impossible and the former Chairman of there are distinct differences be- to Forgive and Forget” and “A Kid Genting Group, Tan Sri Lim Goh tween the Tan Sris Loh, Lee and Then, Now a Senior Citizen”, as Tong. Examples of the latter, with- Lim, and those who made good well as the letters to Malaysiakini. out reference to names, are those through quick mergers and acqui- They were first hand accounts who made good purely through sitions by means of issues of written by the orphans. The first political connections and shares and huge bank loans and letter had mentioned the murders bumiputera status which in- whose companies have seen bet- of his father as well as the village volved only a short few years. As ter days. Basically, the difference headman. The latter too described

Aliran Monthly : Vol.24(1) Page 31 in vivid detail the murder of his you had a gun pointed at your behind by Dr. Mahathir. I can say father. I do not believe these two heart, wouldn’t you give the CPM one thing.….. that Malaysia is orphans were influenced by food? When you had part of your blessed with oil flowing in the propaganda. rubber trees slashed, wouldn’t South China Sea which allows you give them whatever rice you such wastage, grandiose plans 2. “I find that Chin Peng is cou- had? Would you continue to run and the constant bailouts of rageous in admitting the failures and a bus or a taxi if the CPM had banks and recapitalisation of weaknesses of the CPM” It would asked you to stop? Saying "no" bankrupt corporations without be more courageous if Chin Peng would mean that your vehicles any account-ability to the share- had also admitted that the thou- would be burnt. It happened in holders, not to mention the elec- sands of unarmed Chinese civil- Sitiawan, Chin Peng’s home torate that put him in his seat. ians whom he and his men bru- town. Not supplying food or sup- tally murdered with their rifles porting the CPM also meant get- If Malaysia were to be like Singa- and guns were murders, cold ting your whole village burnt pore with no resources and blooded murders. These were down, like Simpang Tiga, Mahathir had run it the way he headmasters (Penang and Sitiawan. had done with Malaysia, we Simpang Dua) and village lead- would have had a state of total ers (Simpang Dua and Simpang Indeed, the new villages from the economic and social anarchy. Tiga)as mentioned in the two let- Briggs Plan, were not detention Likewise, if Singapore had inher- ters to the Star. centres, as S. Arutchelvan ited such natural resources and claimed. These were safe havens, wealth, it would now be more 3. “We welcome and embrace the a place where we knew that it than just a first world country. Japanese and British business class, would be more difficult for Chin forgetting all the atrocities and mur- Peng to get to us. My widowed Why has no one made such a com- ders committed on the Malaysian peo- mother, my brother and two sis- parison of how neighbours con- ple. It is sad that we can have such ters share this opinion. Rural In- duct their businesses? Too sensi- double standards”. Dear S. dians might have considered tive perhaps but that’s not decry- Arutchelvan, it is not a question Chin Peng a Jungle God, not the ing the truth. ..is it that we cannot of double standards. It is easier to rural Chinese whom Chin Peng handle the truth? advise others to turn the other had terrorised. S. Arutchelvan, if cheek when you have not been you would like to continue cham- You forgot to mention the crony- affected and lost fathers and hus- pioning the cause of this murderer, mentality and the instances of bands. However, we cannot pass we the orphans and widows are crony favouritsm - why would he on the sins of one generation to asking you, what about us? have things done in such a way if the next generation because their nepotism was not involved? Po- hands were not tainted with Can you get him to promise us sitions his sons hold in the cor- blood. Chin Peng’s hands were that he will bring some flowers or porate world should also be high- tainted with the blood of thou- light joss sticks and kneel in front lighted. The world is aware of sands of Chinese Malayans, not of the graves of his victims? Tommy Suharto and Jeffry his son's or daughter’s hands. Would you be prepared to arrange Bolkiah. The apparent sheer for him to stand in front of us and greed of Mahathir’s onetime Fi- 4. “If the CPM did not have the explain to us why our fathers or nance Minister Tun Daim, and support of the poor and the rural husbands had to die? the bailout of the national airline masses, they could not have succeeded is also a big joke in the business all this while”. It is not true that all SK Ting world. the poor and rural masses had supported Chin Peng. They used Crimes Have The reasons for the falling out terror as a tactic to get food from No Time Limit with this Finance Minister and his the Chinese living along the removal is indeed a mystery to fringes. They could not get any I fully agree with you and your many but not to those who know. support from the Malays. When candid analysis of the legacy left At the time of the bank consolida-

Aliran Monthly : Vol.24(1) Page 32 tions, he failed to take care of the in Terengganu vote the govern- Corruption interests of some family members ment”.). Starts With Power and cronies. Let’s be frank - how good is our Corruption actually starts with The Government likens the educational system? Don’t we have power: i.e. hogging too much world to that of the electorate... to rethink and reformulate policies? power and/or abuse of office. that people have a short memory The future of our children and the Power corrupts and absolute and, given time, the excesses country is at stake. The quality of power corrupts absolutely. To will be forgotten. Perwaja’s Eric our universities has deteriorated to weed out corruption in the gov- Cheah is enjoying his life in the the level where fresh graduates ernment, for example, we need casinos in Melbourne. His al- from local universities are unem- to look into cases of abuse of leged open abuses and frauds in ployable. We have lost our sense of power in public office. To look Perwaja have yet to be fully in- direction. Rather then making use for evidence of corruption, we vestigated. of their thinking and creative just have to look at areas where minds, we have created a docile, there is too much accumulation/ One thing we must all be aware of subservient and frightened concentration of power at any is that crimes have no time limit. citizenry. There seems to be a lack one single point. This holds true Mahathir has sat out his term but of personal integrity and achieve- for both the big fish and ikan we hope the ruins and the crimi- ment generating self-belief. Univer- bilis alike. To minimise corrup- nal abuses his cronies have sity students should be regarded tion, we need to break up con- brought on the country should as adults rather than school stu- centrations or accumulation of never be forgiven and any ill- dents. If they are not responsible at power. gotten gains, in the form of pal- this stage to know where they are aces in Europe and assets gained and what their aim is, then they do Joe Fernandez by nominees should hopefully not deserve to be in the universi- one day be repatriated. ties. The first step is to repeal the Intrusion Of Privacy Universities and Colleges Act and Truth seeker for heavens sake, tear up the “Aku I am concerned about somebody Janji” agreement. making use of a name similar to The Bribery Business mine as a pseudonym. I feel as if Vice-chancellors should be in somebody has intruded into my The BN government has turned charge of curriculum and admin- private life and is trying to put into a Santa Clause with a per- istration activities, paying atten- thoughts into my mind. It is un- manent clause – bribe as many tion to developing the minds edu- fair to me if the opinion expressed people as possible before the cationally and intellectually. They by the writer using my name as a next general election. The past should look after the welfare of the pseudonym, is not what I am re- few months we have seen them staff; promotions should be fully ally thinking about. I wish the handing out money left, right transparent and on merit. It’s high writer was bold enough to use his and center. Some of them were time these people stop being the own name. We are living in a long overdue, especially the in- stooges of the BN government. democratic world and we have crease in pay of the police force.. Education is to free the mind, to the right to voice our own opin- Do they seriously believe that express oneself, not be impris- ion without fear. I am not politi- they can buy people with oned. Rather than having narrow- cally inclined but allow the real money? Now comes the RM 200 thinking minds, we should use Abang Bennett Taha to give a one million bribe to school chil- our brains to restructure the line comment - our special form of dren/parents. ( Nazri Aziz, whole education policy. democracy is needed for Sarawak Menteri Pembangunan Usaha- and we have to work together to wan NST 22 March 2003: “New Happy New Year! develop it. MRSM college will only be built by the government if the people Dr Xavier Jayakumar Abang Bennett Taha

Aliran Monthly : Vol.24(1) Page 33 SHAME ON YOU Continued from page 40

The decision: there are no special shouting “All rise!” circumstances for this court to because most peo- grant bail and therefore the appli- ple had already cation was dismissed. leapt to their feet in anger. “Shame On You!” It was now AG Gani That was it. Not a single ground Patail’s turn to get a mentioned orally in court. At this, taste of Anwar’s Anwar addressed Justice Gill in a disdain: “I will go loud voice: “Can we at least hear back to my cell in the what some of these grounds are?” prison and get as The request was echoed more of- good a night’s sleep ficially by Karpal Singh. as my back injury will allow, but you – you will go heartened. His kissed and hugged Justice Gill, possibly still smart- back to your comfortable home; but his family members one by one. ing from the grilling he had been will your conscience allow you to Addressing supporters, many of given by both of them over the past get a good night’s sleep? You talk whom he knows by name, he two days, waved a bundle of pa- loftily of upholding justice and the asked them all to be strong and to pers in the air – presumably cop- rule of law, but it is nothing but carry on with the effort to make ies of the decision – and said some- deceit and hypocrisy. It is shame- reforms in the country. what acidly: “We will give you a ful and sickening and unworthy copy after this.” of one who holds a top post in the Anwar also addressed the foreign judiciary!” Gani gathered his pa- press and embassy representa- Both Karpal and Anwar contin- pers as quickly as possible and tives, appealing to them to high- ued to urge the judge to state at beat a hasty retreat. light the continuing injustice least some of the grounds, at which has dogged his case. “Our which Justice Gill snapped back By this time more than half those local media will barely make any at Anwar that he (Anwar) had no present in the courtroom were in mention of it, so we hope that you right to comment on the court pro- tears – not only family members will give it better coverage.” ceedings and that he should re- and hard-core supporters but spect the bench. Anwar fired even the prison guards. They were In the court-room Anwar’s young- back: “We will respect the judges tears of anger and also tears of est daughter, 12-year-old Nurul when the judges show some re- pity for this amazing man who, Hana, possibly alarmed by the spect for us – shame on you!” despite long years of suffering highly-charged atmosphere as caused by the cruelty of his politi- much as overcome by feelings of Hasty Retreat cal enemies, still retains his dig- desolation, had broken down sob- nity as well as his fighting spirit. bing. But half an hour later, as the By this time those in the gallery Even the foreign press and em- family car drove past the remain- could no longer contain their frus- bassy personnel remained in the ing supporters she was leaning tration and anger at what they felt courtroom, riveted by the emo- out of the window brandishing a was gross injustice, and several tional atmosphere. Free Anwar poster and lustily voices could be heard denigrating shouting “RE-FOR-MA-SI!” to the judges. Since the judges had Reformasi Lives On which the bystanders warmly re- completed their role they now sponded until the car moved out made a swift exit, distinctly lack- It was Anwar himself who turned of sight. ing in the usual dignity. There to all of them to try and raise their was no point in the court official spirits, asking them not be dis- Source: Free Anwar Campaign

Aliran Monthly : Vol.24(1) Page 34 JUSTICE Justice Ravaged The rot in the system has seeped in too deeply

he Anwar Ibrahim rounding the filing of TTT case has been a pro- the notice of alibi really tracted one marked by stinks. It reeks with so undue delays and dis- much injustice that it is honourable tactics that have really revolting to the ravaged justice. Ordinary peo- conscience of any sane ple are justly aghast with dis- person. belief that the justice system could be so trampled upon that The question uppermost it no longer commands any re- in most minds is spect or reflects any confidence whether this alibi was that justice will be done with- filed or not. Anwar’s out fear or favour.What we counsel Karpal Singh in- have witnessed today only sisted that he had ten- seems to confirm that the rot dered the copies in the system has seeped in too through the court of- deeply that facts no longer ficer during the main matter when dispensing jus- appeal in April. But the tice. deputy registrar, Hasnah Hashim, coun- The Court of Appeal’s decision tered by claiming that today to dismiss Anwar’s ap- the records showed no plications for bail and for re- trace of the document. view of his sodomy conviction hardly came as a surprise and A visibly upset Anwar baffled thinking Malaysians. could hardly contain himself when he re- The question of alibi was cen- torted, “My God! What tral to his appeal and therefore is this? I myself saw my it was crucial evidence in es- lawyers handing them tablishing his innocence. But in court! More than 30 In the name of God, I had submitted copies to the Court paid scant respect to witnesses saw the your Lordships this fact. The episode sur- whole thing. How can

He who allows oppression shares the crime

Aliran Monthly : Vol.24(1) Page 35 the court deny it?” Is justice turning a deaf ear? such notes available. The fact remains that these notes could Karpal was even more force- Later on 20 January, Karpal fur- have been made available to ful when he stated, “In the ther pressed this issue by establish the truth to right a name of God, I had even sub- pointedly asking, “Ïs Your wrong and to ensure that jus- mitted copies to your Lord- Lordship denying that you had tice is done. But that doesn’t ships!” been informed of this matter seem to be the business of the (alibi notice)?” Court. This claim was corroborated by the prosecution in an affi- His Lordship replied, “We There is yet another compel- davit-in-reply filed by DPP Tun have no recollection of it.” ling reason. By making these Majid Tun Hamzah, who ac- notes available to the defence, knowledged service of the no- It is this controversy that we the Court would have dis- tice. find disturbing because justice pelled once and for all what- is being aborted by denial of ever doubts that persisted and In trying desperately to nail facts. How does one get to the indeed, it would have con- down this fact, Karpal main- truth if all avenues are firmed the facts of the matter. tained, “This is a very serious blocked? The sensible thing By refusing to yield to this rea- matter. I had the impression seems to be to ask for the notes sonable request, the Court has that Your Lordships were de- of the judges to ascertain only strengthened the suspi- nying receiving copies of the whether the issue of alibi was cion that a wrong is being cov- notice (even though) I did sub- ever raised. ered up and, in the process, it mit them. Can you confirm has destroyed our confidence now that I did give them to the But this was refused on the in the justice system. court? If what I am saying is grounds that they are not pub- wrong, then I risk being struck lic documents and that there It was William Cohen who ob- off the Bar rolls.” were no laws to compel them served, “The appearance of jus- to do so. While that may be tice is just as important as jus- But His Lordship, Pajan Singh true, it is equally true that there tice itself in terms of maintain- replied, “We are not here to an- are no laws specifically re- ing public confidence in our swer your questions.” straining them from making judicial system.” Even this ap- pearance of justice, unfortu- nately, has been destroyed My God!God!My without a thought. What is this? Anwar has been denied justice. I myself saw my There is no doubt about it. The judiciary is no longer the foun- lawyers handing dation of justice. them in court! More than 30 Let us always remember what More than 30 Eramus Darwin once said, “He witnesses saw the who allows oppression shares whole thing. the crime.” How can the court P Ramakrishnan deny it?it?deny President 21 January 2004

Aliran Monthly : Vol.24(1) Page 36 HEART TO HEART "What comes from the lips reaches the ear, what comes from the heart reaches the heart" - Arab proverb Hippocrates Or Hypocrites? by Insider

t is widely agreed that For the other 23-plus hours, you ist, remains guilt-free, is still prac- II medical science, medical are in the hands of a resident medi- tising, and drives around in the III or healthcare services cal officer, who can be an inexpe- latest Porsche. could have a moral and rienced doctor having to cover ethical foundation only to the ex- every patient. Nurses, too, tend to Let’s move on to another real-life tent they foster the well-being and be generalists. scenario. A patient who was un- welfare of the patient. der a “celebrity” doctor decided Scenarios that he couldn’t afford his exorbi- What do we see in Malaysia to- tant fees anymore and wanted a day? Is it largely a system where Let me give you an interesting and follow-up at a public hospital. So some consultants and general not so delightful insight into the he requested a referral letter from practitioners are getting rich, drug reality of a private hospital. My this specialist. His request was companies, private hospitals and experience in the healthcare in- not granted; instead, he was bru- pharmacies are getting richer - dustry ranges from nursing, tally humiliated by the specialist most of it at the expense of the poor teaching, sales, marketing, cus- who remarked “ Oh! (If) You have unsuspecting patients. tomer service and administration. no money, you couldn’t have pos- I am perplexed by the unending sibly seen me.” Having worked in private ongoing horrifying encounters healthcare for more than 10 years, that poor unsuspecting patients Okay…a more general one now: I have now totally left the “indus- undergo almost everyday. patients who come into some pri- try” as it repulses me to my core. vate hospitals complaining of ab- Yet more and more private hospi- Let me bring you to a real life sce- dominal pain are more than often tals are mushrooming; we are nario. A young pregnant mum not diagnosed with appendicitis bombarded with consultants who was admitted for delivery. It was and will be asked to undergo an specialisize in every part of our meant to be the happiest moment appendicectomy. Normal appen- human anatomy. How many of us in her life - as she was joyously dixes are removed all the time, question these so-called special- anticipating the arrival of her exposing patients to unnecessary ists? Do we wonder when we are baby. During the delivery, how- risks, pain, agony and money. shoved with a list of endless in- ever, her “specialist” came in half- vestigations if the tests are actu- drunk and pulled out her inter- I have heard of certain doctors ally necessary in the first place? nal organs. She went through hell. talking among themselves in the Today, she is not even able to swal- tea-room as follows: Why are we handing over control low fluid. She lives on a tube that and autonomy of our body to these delivers nutrients to her body. Dr A: How is business these days “specialists”? huh? Why was the hospital silent when Dr B : Oh not bad-lah Private hospital brochures stress there was talk about it in the hos- Dr A : How are your shares ? the choice you have of a consult- pital? The nurses who witnessed Dr B : My shares went down-lah. ant, who can be either a resident the incident remained silent as Lost a couple of thousand…never or visiting consultant*; however, they are dominated by the doctors. mind I will make it back from my they don’t mention the fact that There was a court case though - patients tomorrow. your consultant may appear for but the case was resolved with just five minutes, then disappear. minimum settlement. The special- How do you think he will “make

Aliran Monthly : Vol.24(1) Page 37 it back”? It Only These incidents are just the tip of A ReaderReaderA the iceberg. What exactly is going Takes 100 on? Has modern medicine - once RespondsRespondsResponds hailed as bringing about the great- Malaysians ... est benefits to humankind - be- Enclosed herewith is a come a dangerous activity? Have postal order for RM50 for doctors turned bad? Have they That’s all that’s required: 100 con- subscription renewal for become uncaring professionals, cerned MalaYsians out of a popu- two years. only interested in making money? lation of 24 million who care Have they closed ranks and enough for democracy, social jus- Please continue your good started covering up for each tice and human rights. work based on good judge- other? Forgotten their vocation ment. You have your part to and become hypocrites pretend- If each of these 100 Malaysians play but as in life, freedom ing to be true to the Hippocratic could make a donation of RM1,000 isn’t free, there’s always a Oath? each, our problems would be over. So far, we already have four peo- price to pay. Nonetheless, we who are loving and law- Is it the doctors’ fault and more ple who have responded. We only abiding citizens also need importantly, what can doctors do need another 96. to know if our country is to turn things around? What doing well. about the government’s role in Alternatively, if 1,000 Malaysians protecting and educating the pub- were to donate RM100 each, it With Aliran keeping tab and lic? What about patients’ rights? I would save Aliran Monthly from watch over our beloved land leave you with such thoughts to its present predicament. through exposing the ills ponder. q Another possibility: if each Aliran and evil, we the general Monthly reader were to bring in a public would at least have a more balanced view of the * Resident consultants are new subscriber, our financial those who have a clinic in the problems would evaporate. overall scenario and to as- hospital: their patients see sess and evaluate ourselves them there and they do the in- Please speak to your friends, per- through the proper channel vestigations there. They pay suade a caring Malaysian or make i.e. our ballots even though for the rental of the clinics and a gift subscription to your loved we know it is scrutinised a certain percentage of their ones. Let’s keep the flame of jus- and there is no guaranteed fees. tice and freedom burning. secrecy about it.

Visiting consultants are those Brave the storm, who see their patients outside Ride the waves, the hospital: they usually have Stand up for what it’s worth, their clinics outside. They can That our inner man may be, admit their patients into the Feeling free even though bound, hospital. They can also con- Though chains may bind, duct their surgeries in the hos- But our spirits … fly free!!! pital. Keep on … my friends. Lose Insider is the pseudonym of a not thine hearts lest the disillusioned former private flames wither and die. healthcare worker with more than 10 years’ first-hand in- sight into the daily operations Edmund Tay of a private hospital.

Aliran Monthly : Vol.24(1) Page 38 SAVE ALIRAN MONTHLY

Aliran Flowing against Corruption and cronyism Flowing freely Communalism, Flowing fiercely compartmentalisation Flowing fearlessly Consumerism and capitalism Flowing faithfully Coca-colonisation…flowing Flowing forth… Flowing in spite of Flowing from persecution and prosecution the heart of humanity problems and the costly price holistic universal spirituality powerful political pressure history and everyday reality Flowing…forever...flowing hand in hand, in solidarity. Martin Jalleh Social movement raising social consciousness encouraging social action leading to “Aliran” in our national language social justice means ‘flow’. For the past 25 years, Slowly, surely, strongly… the ideas, thoughts, opinions and flowing. convictions of Malaysians – expres- sion which is so vital for a vibrant democracy – flowed freely on the pages of Aliran Monthly.

The recent announcement by Aliran that its Monthly may have to cease publication, due to their financial re- sources running out soon, comes therefore as a shock to me and many.

The future of Aliran Monthly is in our hands. If each one of us were to act and subscribe to the Monthly, we would be contributing significantly to “the flow”.

Each of us would be like a small rip- ple that makes up the big wave of change that our country so desper- ately needs.

Aliran Monthly : Vol.24(1) Page 39 JUSTICE Shame On You Court Rejects Anwar's Appeal by Animah Annette Ferrar

number of seats in the public gal- lery is less than generous. Many supporters who had made such a big effort to come were thus left standing in the porch. As usual, however, the Reformasi crowd is good-natured, patient and disci- plined, and the waiting time was put to good use catching up with friends and with Reformasi and We will respect the other political news. judges when the judges show some The court session was to deliver two decisions related to the joint respect for us – sodomy case of Anwar Ibrahim Can we hear what the grounds are? shame on you! and Sukma Darmawan Sasmitaat Madja. The decisions were on the ready disposed of and, on the application for bail and on the other hand, Tan Sri Gani Patail for he faithful supporters of motion to re-open the Court of the prosecution had shown that Anwar Ibrahim (and jus- Appeal hearing to correct an er- the court indeed had no such ju- TTT tice) began arriving at ror which had prejudiced the risdiction. Their decision, there- the Palace of Justice in judgment. fore, was that the motion was dis- the morning, many of them for the missed. first time. It is not an easy place to Another reach if you rely on public trans- Disappointment Silence from the gallery. Yet an- port, and for any occasional visi- other disappointment. tor to this vast, instant metropo- In the packed courtroom, the sit- lis, it takes a lot of roaming through ting scheduled for 3 pm eventu- Justice Gill then moved on to de- its miles of stately highways to ally started 35 minutes late. Jus- liver the long-awaited decision on find his or her intended destina- tice Pajan Singh Gill, the head of the application for bail. He said tion. the 3-member team, first delivered that once again the decision of the the judges’ decision on the motion judges was unanimous and was By twelve the crowd was swell- to re-open the Court of Appeal based on the arguments they had ing, the large porch gradually fill- hearing. He announced that they heard related to both facts and to ing up and the number of police were unanimous in their decision. law. They had written very de- personnel in attendance grew. He said that counsel for the first tailed grounds for their decision, Despite the palatial new building appellant, Karpal Singh had ad- which would be released later. and the spacious proportions of mitted there was no specific al- the courtroom, it was a disap- lowance for the Court of Appeal pointment to discover that the to re-open a case which it had al- Continued on page 34

Aliran Monthly : Vol.24(1) Page 40