5127 / RM3.00 / 2003:Vol.23No.11

PP3739/12/2003 ISSN 0127 - 5127 / RM3.00 / 2003:Vol.23No.11

Aliran Monthly : Vol.23(11) Page 1 COVER STORY Maika : Bleeding Again A case of noble intentions gone awry by P Ramakrishnan

AM 1992 : 12(5) AM 1993 : 13(10) AM 1994 : 14(1) n its twenty years of tortured history, Maika in- III vestors have known nothing but pain and sorrow. The new dawn of a golden opportunity that was held out to the Indian poor never arrived. In- stead, each passing year only wit- nessed dashed hopes and broken promises that littered the cheq- uered history of Maika.

Touted as an economic vehicle and a miracle to lift the Indian poor from the shackles of poverty, did, some scraping the barrel, others mortgaging their property and Maika was launched with much pawning their jewellery while the vast majority took loans at exorbi- hype and hope. The poor Indians tant rates to invest in a venture that promised dreams of hopes and - traditional MIC supporters, the tantalising prospects. lower middle-class and the working class Indians as well as a vast It’s not only the poor Indians who responded to this call to rally be- majority of plantation workers - hind the MIC's efforts to secure seven per cent of the corporate owner- were mesmerised into responding ship for the Indian community - which at that time had been stagnat- enthusiastically. Respond they ing at under one per cent since 1960. Even the middle-class Indians

Aliran Monthly : Vol.23(11) Page 2 EDITOR'S NOTE

A real scandal is always hard to keep under wraps. No surprise then that the Maika saga is once again CONTENTS in the news after a controversy ridden AGM on 30 Dec 2003. COVER STORY In our cover story this month, P Ramakrishnan ex- ••• Maika: Bleeding Again 222 plores the long-playing Maika saga. It’s a story of betrayal and utter lack of accountability - a scandal ••• Is Samy Vellu Really Innocent? 999 that has wiped out the savings of many innocent Indian Malaysians. FEATURES In a jolt from the past, Ram then goes on to look at ••• Restrictive Laws Squeeze Workers 111111 exactly what role MIC president Samy Vellu played ••• Unheralded Human Rights in the scandal over the allocation of 10 million Defenders 141414 Telekom shares to Maika and three other firms. ••• A Question Of Trust 171717 Charles Hectors contributes two pieces. The first ••• To Leave Or Not To Leave 262626 cautions Malaysians that they cannot expect much ••• Dominance And Its Dilemmas II 292929 from new premier Abdullah Badawi as he is the ••• Can UMNO Wipe Out Corruption? 373737 product of an existing, oppressive system - a new ••• New Face, Same Body 404040 face coming from the same old body. His second article highlights the plight of university students who have been suspended and are unable to con- REGULARS tinue their studies even before the courts have found ••• Thinking Allowed 191919 them guilty of illegal assembly. ••• LettersLettersLetters 323232 Former MTUC vice-president and Aliran member K George looks at the role of the all-powerful director OTHERSOTHERSOTHERS general of trade unions. He points out how oppres- ••• Aliran Monthly May Have To Cease sive labour laws have eroded the workers’ right of association in free trade unions. Publication 222222 ••• Subscription Form 232323 The plight of Acehnese refugees and asylum-seekers continues to receive little attention in the mainstream media. Highlighting the case of one such asylum seeker, Amer Hamzah Arshad goes on to assess to what extent Malaysian laws protect the rights of refugees.

We also carry a piece by Riaz Hassan that discusses whether public trust in state and religious institutions is enhanced in an Islamic state. Published by

Finally we wish all our readers a Happy New Year. 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.23(11) Page 3 who were wary of the caste and ary 1992 the shroud of secrecy communal politics practised by surrounding the Telekom shares MIC came forward to participate. allocation was ripped apart. Then all hell broke loose. Incorporated on 13 September 1982, Maika commenced business A journalist from Watan disclosed on 31 January 1983. that “there could have been some hanky-panky in the allocation of A Phenomenal Telecoms shares to Maika.” Response This was then followed by another According to Terence Gomez, “Al- report in a Tamil magazine, though the original plan by the Thoothan, on April 1, 1992 which MIC was to ensure that at least disclosed that there could have RM30 million worth of Maika been some discrepancy in the dis- shares were subscribed to, so suc- tribution of the ten million cessful was the campaign to pro- Tun Daim Zainuddin: Finance Minister Telekom shares allocated to Maika mote the company that by 1984 a when shares were allocated. by the Finance Ministry. phenomenal RM106 million was Malaysians learned for the first raised from almost 66,400 share- quisitions made into some impor- time that Maika acquired only one holders. The largest individual tant companies - like the United million and not the entire 10 mil- shareholder with almost 2.8 mil- Asian Bank (UAB), United Orien- lion shares that were allotted to lion shares was MIC president tal Assurance (UOA), Malaysian Maika. Datuk Seri S Samy Vellu. The Airlines System (MAS), amount invested in Maika was Malaysian International Ship- Samy Vellu, through the Tamil even larger than that obtained by ping Corporation (MISC), TV3 and Nesan and at MIC meetings, tried the MCA’s Multi-Purpose Hold- Edaran Otomobil Malaysia Bhd to explain by insisting that the ings when the company com- (EON) - Maika’s performance has cash flow problem faced by Maika menced business.” been mediocre. did not allow Maika to take up all ten million shares. But, one of the What went wrong for a venture It registered a profit from 1984 to directors, a one-time ally of Samy that took off in a blaze of glory? 1986 - the total amount was noth- Vellu, Vijandran, issued a state- Why is it in shambles today? ing to shout about and amounted ment insinuating that the truth to RM16.5 million only - which may not have been told. It is a case of a noble intention that enabled Maika to declare three has gone awry through bad man- dividends which totalled 11 sen When this matter was raised in agement, poor investment and per share. parliament, Finance Minister sheer arrogance that brooked no Datuk Seri Anwar Ibrahim dis- question and refused to be ac- Telekom Shares: closed that since Maika had stated countable to the shareholders. If Hanky-Panky that it could take up only one mil- proper business ethics had been lion shares, the remaining nine observed, if honest criticism had There wasn’t any fanfare when million shares were allocated to been tolerated and accommo- Maika was allotted shares in three companies proposed by dated, if from the beginning Syarikat Telekom Malaysia Bhd Maika because to his “ministry”s Maika was run by professionals (STMB). It was assumed in 1990 knowledge, the three companies rather than politicians, Maika per- that Maika had been allotted all represented the interests of the haps may not have nose-dived the shares it had subscribed to. No Indian community” (The Star, into the hopeless situation that it details were made known at that April 30, 1992).Incidentally, at the is in today. time. time of share allocation in 1990, the Finance Minister was Tun In spite of a number of major ac- Sometime in the middle of Febru- Daim Zainuddin.

Aliran Monthly : Vol.23(11) Page 4 Maika Didn’t Reject one million shares. The Shares Why did Samy Vellu prevent The mystery deepended and be- Maika from acquiring the 10 mil- wildered the shareholders when lion shares? Wasn’t Maika his another Maika director, brain-child to raise the corporate Pasamanikam, contradicted the wealth of the Indian community statements made by Anwar and so that their economic welfare Samy Vellu. According to would be secured? Wasn’t he the Pasamanikam, Maika did not re- leader of MIC which launched ject the Finance Ministry’s offer Maika as a business venture to and did not propose that the nine enrich the community which had million shares be allocated to any long been associated with depri- other company. He further re- vation and poverty? vealed that Maika had indeed raised a RM50 million loan to fa- This was God-sent wealth. Why cilitate the acquisition of the en- Tan Sri G K Rama Iyer : Maika was did he prevent this wealth from tire 10 million shares even before offered 10 million shares reaching Maika? Imagine how the Finance Ministry had with- much Maika would have made drawn its offer. ing and that Maika intended to from these shares for which it only take up the entire allocation of 10 paid RM5 per share. When Why did the Finance Ministry million shares.(Indeed, a letter Telekom shares were “first traded cancel the initial offer of the 10 dated October 5, 1990 from Arab- it fetched a price of RM6.15 per million shares and subsequently Malaysian Merchant Bankers share and that too during a bear- allot only one million shares to Bhd - AMMBB - offering RM50 ish market. By mid-1992 the Maika? Who was responsible for million to finance the purchase of Telecoms share price was hover- the retraction of the original offer? the 10 million shares was received ing around RM11-RM13,” ob- Who lied to the Finance Ministry? on October 6, 1990). served Terence Gomez. Who informed them that Maika had recommended that the nine There Must Have According to Ram, in an article in million shares be given to the three Been A Mistake the Aliran Monthly - 1993:13(10) - companies? Who supplied the by giving away the bulk of the names of these three companies? He further clarified that Samy shares, Samy Vellu had taken Who coerced the Finance Minis- Vellu replied that “there must away from Maika RM120 million try to change their mind? have been a mistake. The offer to in profit (which it would have at- Maika should be for one million tained had it just held on to the There was no earthly reason for and not 10 million. extra shares until then). the Finance Ministry to change its mind on its own after having al- “According to Dato Seri Samy They Don’t Deserve located 10 million shares. Who Vellu, the remaining 9 million 10 Million Shares aborted this offer? shares were for allocation to “other MIC bodies”. Samy Vellu made it abundantly According to Tan Sri G K Rama clear that he personally decided Iyer, the Managing Director of “Further, Dato Seri Samy Vellu to allocate only one million shares Maika Holdings Bhd - as revealed stated that he would contact the to Maika. According to Samy in his press release dated May 16, Ministry to clarify the position.” Vellu, “I could have given all the 1992 - Samy Vellu was informed shares to Maika Holdings if not at 6.10 am on october 5, 1990 that It was then, after Samy Vellu had for their past business record. Maika had been offered 10 million contacted the Finance Ministry, They don’t deserve 10 million STMB shares and of the probabil- that the letter of offer was retracted shares because of the dismal per- ity of obtaining full loan financ- and Maika’s allocation reduced to formance of the Maika manage-

Aliran Monthly : Vol.23(11) Page 5 his own, without authority or di- thugs confronted this shareholder rective from the Central Working and told him that if he wanted to Committee. And what was the ra- return home in one piece it was tional for doing so? the right time to go home. When the meeting resumed, Samy Vellu And who lied to the Finance Min- reportedly called for the share- istry that these “three companies holder to repeat his query. But represented the interests of the since he wasn’t there, Samy Vellu Indian community”? What was continued with his meeting with- the motive for diverting nine mil- out touching on the subject of lion shares to three private com- Maika. panies? Highly Those who sought to find the an- Questionable swers were threatened or beaten up. One brave soul who went on It was alleged that Samy Vellu’s Samy Vellu: They don't deserve a crusade to expose this scandal son and brother-in-law were di- 10 million shares was stabbed in Penang. When- rectors of of the RM2 companies, ever questions regarding Maika SB Management Services Sdn Bhd ment. They have to learn to do busi- were raised at MIC meetings pre- and Advance Personal Comput- ness on their own and not depend sided by Samy Vellu, it was al- ers Sdn Bhd. which received three on shares and make money out of leged that thugs would suddenly million shares each. The third it” (New Strait Times, 16 May appear beside the person asking company that received the re- 1992). the question and that would be maining three million shares was the end of the affair to seek an- Clearway Sdn Bhd. His autocratic style and arrogance swers. comes through so forcefully: “I How these companies disposed could have given all the shares to Some years ago, it was claimed of these shares and the manner the Maika Holdings…,” he boasts. that at one paricular MIC meet- profits were channelled to Maju “They don’t deserve 10 million ing at the Dewan Sri in Penang, Institute of Education and Devel- shares…,” he berates. Mind you, chaired by Samy Vellu, a Maika opment (MIED) were highly ques- he decides - not the Ministry of shareholder wanted to know the tionable. Millions of ringgit were Finance! position of Maika. It was alleged given to MIED in cash. In this day that Samy Vellu told this share- and age one has every right to sus- It is very apparent that he keeps a holder that he would provide the pect such transactions. Do you very tight hold on Maika. That answer after the adjournment for carry millions of ringgit in your being the case, how could Maika refreshment. In the meantime two person to pay to an educational undertake any business venture without his knowledge and bless- ing? Shouldn’t he be part of the debacle that is haunting Maika today? Shouldn’t he also shoulder the blame for “the dismal performance of the Maika management”?

And why should he give nine million shares to three obscure companies, two of which were in fact shell companies with paid-up capital of RM2 each? He did it on Maika shareholders: Anger at being short-changed

Aliran Monthly : Vol.23(11) Page 6 institution? For God's sake, there is such a thing as bank transfers! Let’s for a moment try to be logi- Maika Tottering cal. How did these companies come to possess this amount of money before it was handed over On Brink Of to MIED? They must have been paid in cheques when they sold the Telekom shares. Does it mean Bankruptcy? that they went to the bank, cashed the cheques and carried the mil- Maika's accounts raise more questions: lions of ringgit, presumably in a bag, as one crazy Malaysian guy 1) Why does it take one whole year for the AGM to be held? did in Australia? This seems far (The AGM for the financial year ended 31December 2002 fetched! will only be held on 30 December 2003. Normally, the AGM should be held within 6 months of the end of the financial What is puzzling is the fact that in year). spite of so much overwhelming evidence, the Anti Corruption Agency 2) From RM125 million paid up share capital, the (ACA) after 17 months of investi- accummulated losses have come up to RM71.7 million. (The gation cleared Samy Vellu of any loss after tax and minority interests for the year ended 31 wrong-doing but unfortunately December 2002 was RM4.5 million). without clearing the doubts in the minds of the Malaysians, as was 3) The overall profit before tax for the year ended 31 Dec observed by Aliran Monthly. (See ac- 2002 amounted to RM8.9 million. The only significant prof- companying story on page 9 for a itable activity is insurance, which made a profit before tax fuller account) of RM26.9 million. Investment trading made a loss of Who Benefits From RM12.2 million, property incurred a loss of RM1.4 million and manufacturing made a loss of RM3.5 million. How Share Allocations? were these losses incurred?

But the larger question as to how 4) The current liabilities is four times the current assets. The and why political parties are al- general rule of thumb for healthy companies is that current located shares that are liabilities should only be half the value of current assets. monoploised by the connected This is why Maika is tottering on the brink of bankruptcy. few have not been addressed. These allocations are never re- 5) Provision for doubtful debts for the year ended 31 Dec vealed and it is not possible to 2002 amounted to RM8.3 million. Who were the borrowers know which crony benefits and or debtors? They should be named. by how much. This system has led to abuses and effectively blocks 6) Directors' other emoluments(remuneration) totalled the wealth from reaching a wider RM202,000 for the year. Do they deserve this? Why is there circle of deserving citizens. no figure disclosed for directors’ salaries?

Even the former Prime Minister 7) Staff costs of RM15.7 million works out to RM40,000 per Mahathir Mohamad, when que- annum per employee at the group level. At the company ried on the issue, confirmed the lack level, staff costs (for 11 employees) averaged almost of accountability being practised by RM70,000 per annum per person! How much was Vell government leaders. Mahathir’s Paari a/l Samy Vellu paid? twisted logic for not interfering with

Aliran Monthly : Vol.23(11) Page 7 Samy Vellu’s decision in connec- ing and hounding the perpetra- statement of accounts? Will the tion with the allocation of shares tors of a crime that robbed the poor shareholders be free from intimi- for the Indians was: “I cannot in- of their fair share of their due. Ten dation to raise relevant questions? terfere in this matter because I also years ago the Aliran Monthly had Will they receive honest answers? don’t want non-bumiputras to rightly observed, “The contro- question how we distribute the versy surrounding the Maika- But answers may not be found at shares among our commu- Telekom shares scandal appears this AGM. What could this AMG nity.”(The Star, 14 May 1992) to be far from over.” reveal that the previous AGMs failed to disclose? He wasn’t bothered whether the Maika will be holding its Annual benefits reached the right people. General Meeting on December 19, It is, therefore, a matter of urgent He wasn’t concerned if there was 2003 in Kuala Lumpur. As far as concern that the Maika scandal be a corrupt practice in place. The we know, no shareholder seems re-investigated seriously. Datuk policy seemed to be one of non- to have received any Notice of Seri Abdullah Ahmad Badawi, interference when wealth re- Meeting. Neither have they re- our new Prime Minister who sources were allocated, particu- ceived the Annual Report nor the seems to be on a crusade to wipe larly under questionable circum- Statement of Accounts. And to- out corruption, should order the stances. day is December 17, 2003. (This ACA to reopen this case. The poor AGM has now been postponed to De- Indians have turned to him as a Maika Scandal cember 30, 2003) last resort for help. Many of them Refuses To Be Buried had lost almost everything in in- How many shareholders are vesting in the Maika shares. All In spite of 10 years of history, the aware of this meeting? And what they want is the return of their in- Maika scandal refuses to be bur- can they discuss without the ben- vestment. Justice must be done to ied. It keeps on surfacing, haunt- efit of the annual report and the them. Will he respond? q

What, happend to our investment? Mr. R. Krishnan (age 72) in tears at the Maika gathering appealing for refund of his RM5,000 investment before his demisedemisehis

Aliran Monthly : Vol.23(11) Page 8 PAGES FROM THE PAST Is Samy Vellu Really Innocent? He has certainly not been consistent about the 10 million Telekom shares

he Anti-Corruption MOF letter TT Agency (ACA) have TTT stated they find the MIC A letter was issued by the Minis- leader, Datuk Seri Samy try of Finance (MOF) offering Vellu, innocent of any criminal Maika 10 million Telekom shares wrong-doing relating to the allo- in the flotation of the utility com- cation of Telekom shares to Maika pany. Soon after getting this let- Holdings. Samy Vellu, who has ter, Maika Chief Executive Officer, consistently maintained his inno- Tan Sri Rama Iyer, rang up Samy cence, but not been consistent Vellu to inform him of the alloca- about very much else, would thus tion. appear to have been vindicated. Curiously, Samy Vellu immedi- Samy Vellu has certainly not been ately told Tan Sri Rama Iyer there consistent about who the 10 mil- had been a mistake and he would lion Telekom shares were sup- check with the ministry officials posed to go to. First he said they on how many shares were really shares. were to be allocated to Maika, the offered to Maika. investment arm of MIC; but since Maika Shortchanged Maika did not have the finances, Even before the MOF realised there the shares were allocated to other had been a “mistake” in sending Samy Vellu has not been consist- parties representing Indian inter- out the letter offering Maika 10 ent in his public statements on ests. Then, it was made public that million Telekom shares Samy whether the full amount was ini- Maika in fact had arranged a loan Vellu somehow already knew tially offered to Maika. Neither has that would have allowed it to take there was a “mistake”. Subse- the leader of the Indian party in up the full 10 million Telekom quently, MOF officials “clarified” the Barisan been consistent about shares. Following this, Samy Maika was only being offered 1 why Maika was not to be offered Vellu changed his tune. The 10 million Telekom shares. the full 10 million shares. million shares were not being offered to Maika but to MIC, he now What was not clarified was how First he said Maika could not af- said. And MIC it seems, allocated the mistake arose and on what ford the shares. When Tan Sri only one million Telekom shares grounds the MOF agreed to allo- Rama Iyer produced the letter for Maika, and the rest were for cate 9 million shares to 3 other from Arab-Malaysian Merchant other companies that would make obscure companies supposedly Bank offering Maika a loan to take profits to be channelled to the MIC representing the interests of the up the full 10 million shares, Samy educational institution, Tafe Col- Indian community while Maika changed his tune and said the lege. itself only received one million shares were not being offered to

Aliran Monthly : Vol.23(11) Page 9 Maika because it had a poor track selling the Telekom shares to buy edly close links to the Prime Min- record in its investments. shares in Renong. ister, many would jump to the conclusion that the ACA investiga- But what was the record for the 3 Why did the profits not go tion was a cover-up. companies that together took up straight to Tafe? Why were the the 9 million Telekom shares un- funds instead put in Renong It is hard for the intelligent pub- der instruction from MIC? Two of shares which appear not to have lic to reconcile the conclusion of these companies were in fact shell been sold until 1992? the agency with what is known companies with paid-up capital from press reports. Prima facie, of RM2 each. Had these companies become the not allowing Maika to get the investment arm of Tafe? Who full allocation of Telekom Is it pure coincidence that the would underwrite the losses of shares, and thus undermining leader of the opposition, Lim Kit this further investment? In fact the Maika’s profits, is a criminal Siang found letter-heads and busi- Renong shares purchased in No- breach of trust. ness cards that showed Samy vember 1990 had gradually fallen Vellu’s son as director of one of in value and by the middle of 1992 Shareholders of Maika had put the companies? Samy Vellu, of were only about half their cost. If their faith in Samy Vellu and course, claimed these items were there had been profits from the money in Maika. Many had bor- fakes. Renong investment, who would rowed as much as they could in have benefited? order to buy Maika shares. Then Dubious dealings it transpired that Samy Vellu had APC and SBM held on to 0.5 mil- nominated 3 other companies to Of the 3 companies that equally lion of the Telekom shares received get the bulk of Telekom shares — received the 9 million Telekom in October 1990 and only sold taking away from Maika shares in October 1990, Clearway these in 1992. RM120m in profit if it had just Sdn Bhd, sold its 3 million shares held on to the extra 9 million within a month for a net profit of Why were the shares held for so shares up to today. RM2.3 million. long? Was there any guarantee that when the shares were sold How could the ACA say there was The other two companies, Ad- the profits would go to Tafe? Is nothing wrong in diverting prof- vance Personal Computers (APC) it pure coincidence that these its from Maika to obscure compa- and SB Management Sdn Bhd shares were sold just about the nies with no established record? (SBM) which together received 6 time that the public were becom- What were the facts that sup- million Telekom shares, sold 5.5 ing aware that Maika failed to ported the ACA conclusion? With- million shares also in early No- receive the 10 million Telekom out going through all the facts dis- vember 1990 for a RM2.1 million shares it was supposed to have covered by the ACA it is not easy profit. With this profit, they been allocated? to see how it reached its conclu- bought 3 million Renong shares. sion. The remaining half a million Puzzling ACA Telekom shares were sold only in Decision If the report remains only for the March-April 1992, just about the eyes of the selected few, the cred- time the Maika controversy be- For those who have been follow- ibility of the ACA will be affected. came public. ing the Maika-Telekom issue, The agency must make public the there is now a new puzzle. How, reasons for its conclusion, or risk The companies supposedly were in spite of all these coincidences its acronym (ACA) being widely to make profits from Telekom and curiosities, could an investi- perceived as standing for some- shares (which was a pretty sure gative body like the ACA come to thing quite the opposite. thing given that it was an initial the conclusion that there had flotation) to be channelled to Tafe. been no wrong-doing on the part Ram It is hard then to fathom why APC of Samy Vellu? Given his high Bank Officer and SBM used the money from position in government and alleg- Source: AM 1993 : 13(10)

Aliran Monthly : Vol.23(11) Page 10 LABOUR MOVEMENT Restrictive Laws Squeeze Workers

If they are to have their rights restored, workers must realise the power of their votes by K George

rade union rights are ba- the administrative authority, wield financial power and politi- TT sically human rights as which is the government. cal influence. TTT far as rights such as freedom of association, free- No condition should be imposed Shockingly Restrictive dom of expression, peaceful as- by the government on the organi- sembly and protection from slav- sations’ right to establish or join a If one is concerned over the plight ery and forced labour are confederation/confederation and to of working people, one would be cerned. To enable us to identity the affiliate with international or- shocked to find that Malaysian basic union rights, it is necessary ganizations. labour law is extremely restrictive to have a glimpse of the Interna- and even prohibitive when com- tional Labour Organisation Con- Granting of legal personality shall pared to the rights guaranteed by ventions No. 87, 98 and 151. not involve restrictions on the the ILO Conventions. above rights. The ILO is part of the United Na- In this article, I wish to highlight tions Organization. ILO Conven- Under Convention No. 98, it is the some of the provisions in the tions are adopted at its annual responsibility of the government Trade Unions Act (TUA) 1959. conference, participants of which to protect workers against anti- While the TUA confers legal per- consist of two government del- union discrimination and victimi- sonality to trade unions it has egates each from member coun- sation by employers and against numerous provisions contrary to tries and one delegate each from domination of workers' organisa- the ILO Conventions. As the na- employers’ federations and work- tions by any acts including finan- tion progressed, more and more ers’ organisations of the respec- cial contributions. The govern- obnoxious amendments were in- tive countries. ment should also establish ma- troduced to the Act, the worst be- chinery for the purpose of ensur- ing the 1980 amendments, which According to Convention No.87, ing respect for the right to organ- were in fact the brainchild of Dr. workers and employers shall have ise. Mahathir Mohamad. full freedom to organise themselves. The organisations shall There is nothing extraordinary in The Director General of Trade draw up their own constitution these Conventions. These rights Union (DGTU) shall have general and rules, elect their leaders in full adopted by the ILO are more or supervision, direction and control freedom and organise their ad- less based on the Universal Dec- of matters relating to trade unions ministration and activities with- laration of Human Rights. Work- (section 3). Under section 4A, out any interference by the gov- ers especially need these guaran- which was introduced in 1980, he ernment. The organizations shall tees to protect themselves against shall exercise all such powers, not be dissolved or suspended by exploitation by employers who discharge all such duties and per-

Aliran Monthly : Vol.23(11) Page 11 form all such functions as may be pend a branch of a union if he is all its books and records. He can necessary for carrying out the pro- satisfied that the branch has con- also freeze the funds of a trade visions of the Act. travened the provisions of the Act union. or the rules of the union. Is it not Under colonial, rule the workers more proper and sensible for the The primary purpose of all these were allowed to form General DGTU to direct the union head restrictive provisions in the Act, it Unions, which means the mem- office to do this unpleasant job? is claimed, is to protect the funds bership could comprise all catego- of the union, which belongs to the ries of workers. This right has It is also within the power of the members. But the fact is that there been systematically withdrawn DGTU to disqualify an elected have been instances of union vide section 9 of the Act, which executive of a trade union or a fed- money being mismanaged and says Malaysian workers are only eration of trade unions by speci- misappropriated. Haven’t you allowed to form unions within a fying the grounds for such dis- heard that union money has been particular trade, occupation or in- qualification (section 28(2)). used to gamble in the stock mar- dustry. ket, to invest in questionable eco- Even in employing a worker, a nomic ventures; and to provide It does not stop at that. The DGTU union has to get clearance from interest-free loans to union lead- is empowered to refuse registra- the DGTU as required under sec- ers? tion of a trade union vide section tion 29 of the Act. If an employer 12(3) if he or she is of the opinion claims his or her workers have no What Have The that: right to be members of a particu- Authorities Done? • the union is likely to be used lar union, the DGTU is empow- for unlawful purposes, or ered to make a decision based on Under section 71, the Director • any of the objectives of the un- his own opinion. For instance, a General can seek information on ion are unlawful, or trade union catering for drink any of the activities of a trade un- • the constitution of the union workers was ordered not to enrol ion by summoning any person to conflicts with the provision of workers involved in the Horlicks his office. The Director General the Act. business by one DGTU. Subse- may administer oaths to and ex- quently another DGTU reversed amine any person on oath sum- He can also reject the registration that decision. Another example: moned before him. of a trade union if there is in exist- our government and the court ence another union catering for ruled that electronic workers are Even for international affiliation, similar workers. The operative different from electrical workers! the trade union must obtain the condition is “in his opinion.” prior approval of the Director Gen- What a blow to the concept of free- While the government has given eral vide section 76B; he must also dom of association! permission for trade unions to in- be furnished with the constitution vest in business enterprises and and the details of the officers of Blow Against Basic cooperatives, it is mandatory un- the international organization Freedoms der section 49 for the union con- concerned. He is also empowered cerned to obtain prior approval under section 76C to order the Section 15(2) says if there is more from the Director General before trade union to withdraw from the than one union in existence in a the investment is carried out. Vio- international organization. particular trade, occupation or lation of this condition carries a industry, the DGTU may cancel penalty of two years’ imprison- The provisions enumerated in the certificates of all unions other ment and/or RM2, 000 fine. this article are in total violation of than the union, which has the the rights guaranteed by the ILO largest number of members. It is Sections 50 to 57 in Part VIII of the Conventions. In fact there are sev- yet another slap on the freedom of Act deal with union funds and fi- eral more obnoxious provisions in association. nance, the accounting procedure the Act. Not many democratic etc. The Director General can en- countries have imposed so much The DGTU is empowered to sus- ter a trade union office and inspect restrictions and prohibitions on

Aliran Monthly : Vol.23(11) Page 12 the rights of the working people.

Political parties, NGOs, and concerned citizens have fre- IS IT ENOUGH? quently criticised the Internal Security Act, the Police Act, the Printing Presses and Publica- So as they say, will you just wait tions Act, and the Universities and University Colleges Act. Waste life away — with nothing to give But seldom - very seldom - do All that there is, is all for the strong we hear them highlighting the atrocious provisions of And none for the weak. Malaysian labour laws affect- Will you just watch, things as they are, ing more than 10 million workers . Will you just stare, look from afar, When you can be there, part of the game, Do the workers know the pathetic situation of their own rights? Who You have a share. are our law makers? They are the members of the Dewan Rakyat whom we elect by casting our Is it enough, for you who pass by votes. To stop for a while, and then say goodbye?

Who makes up the electorate? Is it enough, to live and let die? At least 90 per cent of them are Is it enough, is it enough? workers and their families. When they reach the ballot box, some think of their race or their You’ve got to believe, that you can be free religion; some remember the To build a new world where people can be. kenduri and gifts received; many others are influenced by the No sorrows, no pain. No hunger, no thirst. propaganda dished out by our No place for fear. pliant mass media. The workers tend to forget their struggle for So stand up and fight. No need to hide. the equitable distribution of the The cost may be high. It may be your life. nation’s wealth, the restoration of their dignity, the establish- But you can be sure, the gains will outweigh ment of an egalitarian society, The pains you endure. freedom and peace.

It is time the workers realised that Is it enough, for you who pass by they can succeed if only they en- To stop for a while and then say goodbye? sure they have trustworthy repre- sentatives in the Dewan Rakyat Is it enough, to live and let die? who are committed to the cause of Is it enough, is it enough? the workers. It is the duty and responsibility of the trade union leaders to impress on the work- Theme composed by the workers in project SARILAKAS ing people the power of their votes - and not to depend on senators (self-strength) in the Philippines and Datuks. q

Aliran Monthly : Vol.23(11) Page 13 JUSTICE

Unheralded Human Rights Defenders Still Deprived Of Education Suspended from campus even before the courts can find them guilty by Charles Hector

wo and a half years have TT passed, and Rafzan TTT Ramli and his six other student friends are still wondering when they can get back to campus to continue their studies and graduate with degrees or diploma.

The Universities and University Colleges Act 1971 (UUCA) pro- vides that when a student is charged with a criminal offence, he shall immediately be “suspended from being a student”. Thus these students who have been charged in court for the of- Rafzan Ramli fence of illegal assembly are unable to continue their studies.

These seven students, after having been charged and pleaded not guilty, were subsequently suspended from their universities under the provisions of the UUCA or Educational Institutions (Dis- cipline) Act 1976.

Rafzan and his friends are still suspended and cannot continue their studies and get their degrees or diplomas - even though the alleged criminal offence occurred more than two years ago. Their peers would have all graduated ISA demonstration

Aliran Monthly : Vol.23(11) Page 14 by now and moved on with their 15D (1) and/or lives, possibly now working and (2), amongst earning decent wages. But these others. This ex- students are still in limbo, unsure emption can as to whether they will ever come with con- graduate. ditions or otherwise. The so-called “illegal assembly” took place on 8 June 2001, when But alas, the about 500 undergraduate stu- Minister has so dents from several universities far not yet con- and institutions of higher learn- sidered the ing in Malaysia came together in matter, let Kuala Lumpur to protest the In- alone exer- ternal Security Act 1960 (a draco- cised his discretion. In this case, groups outside the campuses. nian piece of legislation that al- Rafzan is still awaiting a reply to lows for detention without trial). his letters of appeal to the Minis- Of concern in this case is the un- They called for the repeal of this ter. justified additional deprivation of Act and for the immediate and un- rights imposed on students conditional release of all those The students are not being charged with a criminal offence currently detained or restricted charged for murder, assault, bat- even before any conviction by a under this repressive law. tery, robbery, theft, drug traffick- court of law. Malaysians and others around the ing or any other offences against world have been calling for the persons or property. They are be- Under the UUCA or the Educa- repeal of these anti-liberty laws for ing charged for participating in tional Institutions (Discipline) Act a long time. an assembly to express their opin- 1976, students in universities or ion about a preventive detention other educational Institutions Out of the 500-odd students who law, the Internal Security Act. who are charged with criminal of- gathered peacefully to express fences will be suspended and, if their protest, Rafzan and his six More Restrictions later found guilty, they will be ex- student friends were arrested. On pelled. 19 July 2001, they were charged It is disturbing that students in in court for participating in an il- Malaysian universities and insti- Section 15D (1) of the UUCA pro- legal assembly, an offence under tutions of higher learning suffer vides that: the Police Act, 1967. All of them more limitations on their freedom “where a student of the University is pleaded not guilty and claimed and liberty than most other charged with a criminal offence he trial. Today, almost two and a half Malaysians. Instead of nurturing shall immediately thereupon be sus- years later, their trial is still not creative and critical thinking, the pended from being a student of the over and they remain suspended authorities have restricted the University and shall not during the from university/college. space for students to attain wider pendency of the criminal proceedings, social concern. remain in or enter the Campus of that Absolute Discretion or any other University.” Over and above the various laws According to the UUCA or Edu- and legislation that suppress Section 15D (2) of the UUCA pro- cational Institutions (Discipline) freedoms and human rights in vides that the said student shall Act 1976, the Education Minister Malaysia, these students are also immediately cease to be a stu- has the power to at any time, in governed by the UUCA or Educa- dent if found guilty. By implica- any particular case, in his ‘abso- tional Institutions (Discipline) Act tion, if the student is found not lute discretion’, to grant exemp- 1976. The shackles are many, in- guilty, then he or she would pre- tion to any person from the appli- cluding restrictions on freedom of sumably be able to continue cation of the provisions of section association with persons or studying.

Aliran Monthly : Vol.23(11) Page 15 Where Is Human Rights The Equality? Defenders

The established legal principle of Rafzan Ramli and the six other “presumption of innocence until students should be considered as proven guilty” seems to have been Human Rights Defenders. It must overlooked when it comes to uni- not be forgotten that Malaysia is versity students. Normally, when part of the United Nations. The people are charged in court, they UN General Assembly on 9 De- can claim trial and be released on cember 1998 through resolution bail. They can then go back to work 53/144 adopted the Declaration and resume normal life. They on the Right and Responsibility would only be required to serve of Individuals, Groups and Or- the sentence upon conviction and gans of Society to Promote and The Education Minister has the power to sentencing. Protect Universally Recognised at any time, in any particular case, in his Human Rights and Fundamental ‘absolute discretion’, to grant exemption. But when it comes to university Freedoms (now commonly re- their studies in their respective students, they are immediately ferred to as the Human Rights universities and academic insti- suspended. If they are later found Defenders’ Declaration). tutions so that they can get their guilty, they would not only be ex- degrees or diplomas. In an em- pected to serve the sentence im- I believe that the ‘suspensions’ of ployment market that places high posed by the court but would also Rafzan and his six friends go regard on paper qualifications, be expelled. against the principles and the very their continued suspension is essence of this Declaration. Now, manifestedly unfair. As the Edu- Where then is the equality under even though these seven students cation Minister, you should be the law guaranteed to all persons are not prominent human rights projecting more care and compas- by our Federal Constitution? activists, politicians or public per- sion for Rafzan and his six Where then is the promise that sonalities, the plight of these friends. To ignore the students’ there shall be no discrimination young human rights defenders letters of appeal and to allow them as stipulated in the Federal Con- should be a cause for concern to suffer indefinitely doesn’t re- stitution? Those who fail to enter among all justice-loving persons. flect well on you. local universities and educational institutions enjoy so much more I am not asking for their charges I am sure that all concerned and freedom and liberty than the stu- to be dropped, although that too justice-loving people would also dents in these institutions. They will be good as they have suffered want the Education Minister to im- can associate with whomever enough. What I am asking is for mediately exercise his discretion, they want. They can join political their suspension to be immedi- as provided by law, and lift the parties, contest general elections ately revoked so that they can go suspension of these seven stu- and even have the chance to be- back to their universities or edu- dents. Repealing the UUCA and come Prime Minister. cational institutions and finish the Educational Institutions (Dis- their degree and diploma courses. cipline) Act 1976 would contrib- We must realize that we are talk- In fact, in the worse case scenario, ute to the growth of well-rounded ing about students here, the hopes even if they are found guilty and citizens and, in this spirit, we of their parents and the nation. To sentenced to prison, their sen- hope the government will seri- deprive them of higher education tence should be suspended until ously consider this. q at the diploma and degree levels they have completed their studies. is a gross injustice. We are talking here about the right to education A note to the Education Minister: Charles Hector is a Kuala and their future. To suspend them Lumpur-based lawyer in- indefinitely merely because they Think of these students as your volved in human rights cases. have been charged with an offence children, dear Minister, and allow He is also an Aliran member. is very sad. them to immediately continue

Aliran Monthly : Vol.23(11) Page 16 RELIGION A Question Of Trust Are Religious Institutions Trusted More in an Islamic State? by Riaz Hassan

he relationship between two main institutional configura- TT politics and religion in tions. The undifferentiated state- TTT Muslim societies has be- religious configuration character- come a focus of intense ised a small number of Middle debate among scholars of Islam Eastern societies. This configura- and Islamic political activists. For tion was characteristic of lineage many Western and Muslim schol- or tribal societies. The historic ars and Islamic activists Islam is norm for agro-urban Islamic soci- not only a religion but also a blue- eties was an institutional configu- print for social order and there- ration that recognised the division fore encompasses all domains of between state and religious life, including law and the state. spheres. Despite the common They argue that this characterisa- statement that the institutions of tion sets Islamic societies apart state and religion are unified, and from Western societies, which are that Islam is a total way of life that based upon the separation of state defines political as well as social and religious institutions. and family matters, most Muslim AM vol.21(9) societies did not conform to this contemporary discourse for undif- Notwithstanding several exam- ideal, but were built around sepa- ferentiated Muslim social forma- ples of state control of religion in rate institutions of state and reli- tions is ‘Islamic State.’ Western societies, these differ- gion. ences are commonly used in Irrespective of the historical evi- scholarly and popular discourses Revival Movements dence, relations between the state on Islam to account for the differ- and religion are an important is- ent developmental trajectories of In short the historical scholarship sue in contemporary Muslim Western and Islamic societies. In indicates that the institutional countries. Many Muslim coun- such analyses Western societies, configurations of Islamic societies tries are a product of the process with their separation of church can be classified into two types: of decolonisation in this century, and state, of civil and religious a) differentiated social formations where nationalist movements law, are said to have promoted an (i.e., societies in which religion were spearheaded by relatively autonomous domain for secular and state occupy different space) secular leaders. These new states culture and civil society, which and, b) undifferentiated social for- have defined their identities in together form the bases of moder- mations (i.e., societies in which nationalist terms and in many nity. In Islamic societies, the lack religion and state are integrated). cases have preserved the secular of differentiation between the secu- While a majority of Islamic socie- legal, educational and political in- lar and the sacred has inhibited ties have been and are ‘differenti- stitutions inherited from the colo- such development ated social formations’, a small but nial era. Islamic revival move- significant number have been and ments have emerged in many The historical evidence concern- are societies that can be classified Muslim countries, however, and ing the separation of state and re- as ‘undifferentiated social forma- in general they denounce the trend ligion in Islamic history reveals tions’. A label commonly used in toward secularisation, calling for

Aliran Monthly : Vol.23(11) Page 17 the return to a state that represents tions. The issue here is whether key, Iran and Malaysia. ( The de- and embodies Islam and enforces religious institutions enjoy more tails of this study and how it was an Islamic way of life. or less trust in the public mind in carried out are reported in my book differentiated Muslim social for- Faithlines: Muslim Conceptions of Whereas in the past only Saudi mations, in which religion and the Islam and Society, Oxford Univer- Arabia defined itself as an Islamic state are separate, than in undif- sity Press 2003). state, now countries like Iran, Pa- ferentiated Muslim social forma- kistan, Afghanistan and Sudan tions, in which religion and the The respondents in all seven have become or aspire to become state are closely integrated. Pub- countries were asked how much Islamic states. While all of them lic trust in institutions of the state trust they had in key institutions define themselves and function as and civil society is an important of the state and civil society Islamic states, they differ from one symbol of political legitimacy of namely: Ulema, Parliament, Press, another in many significant ways. the state and its agencies. Universities, Imam Masjid, Algeria is currently enduring a Courts, Television, Pirs/Kiyai/ bloody struggle for the establish- Drawing from empirical evidence Ustaz, Civil Service, Major Com- ment of an Islamic state. Similar gathered as part of an interna- panies and Intellectuals. trends appear to be occurring in tional study of Muslim religiosity predominantly Muslim regions of we are now in a position to exam- Findings: The empirical findings Nigeria and in Malaysia. In Tur- ine this issue by comparing data show that there are wide varia- key, the power of the Kemalist secu- about the level of trust in the state tions as well as similarities lar state has come under muted and civil society in institutions in among respondents in the seven challenge from the Islamic parties. different Muslim countries and countries in terms of their trust in also compare the level of trust in core institutions of religion and Public Trust undifferentiated and differenti- the state. ated Muslim social formations While the relations between the The data for the study were gath- Striking Differences state and religious institutions are ered through an international a significant concern of the Islamic study of Muslim religiosity. This The most striking differences be- world, there is no empirical study study was carried out in seven tween the countries relate to trust of the attitudes of Muslims toward countries, namely Indonesia, Pa- different institutional configura- kistan, Egypt, Kazakhstan, Tur- Continued on page 24

Trust in Key Institutions in Selected Muslim Countries (%)

InstitutionInstitutionInstitution PakistanPakistanPakistan IndonesiaIndonesiaIndonesia EgyptEgyptEgypt Kazakhstan IranIranIran TurkeyTurkeyTurkey MalaysiaMalaysiaMalaysia Ulema 48 96 90 24 7* 28 95 Imam Masjid 44 94 8 3 2 2 3 6 2 6 94 Pirs / Kiyai / Ustaz 2 1 9 1 5 2 2 1 8* 1 8 9 1

Parliament 22 53 34 19 32 11 69 Courts 55 55 76 16 28 37 73 Civil Service 2 6 5 8 44 1 1 2 3 2 2 6 1

Press 38 84 54 33 24 4 68 Television 31 80 49 37 30 9 72 Major Companies 2 9 4 2 4 5 1 4 1 6 2 7 46

Universities 60 88 70 33 44 58 83 Intellectuals 66 9 2 8 1 3 7 5 9 67 9 1

* These percentages are from a sub-sample of 66 respondents

Aliran Monthly : Vol.23(11) Page 18 ploring a future merger with Gerakan (of course, that is not going to happen!) is a clever political stroke, at any rate a more interesting news item than the goings-on of ‘the predecessor’ and his sycophants.

More interesting also because of people like Kayeas, who wel- comed the merger and in the same breath invited the non-Chinese to join his PPP. Not so long ago, he had similarly suggested that Pandithan’s IPF, whose entry into the BN ruling coalition had been stymied by you-know-who, should dissolve itself and its members join the PPP instead. This at- tempt to recruit members of other parties must be his strategy to get Breath Of Fresh Air on the occasion of Christmas. the 8 parliamentary and 18 state Many read the greetings, which seats that he has asked for in the Not yet 100 days in office, yet it is were warmly applauded, during coming election. evident that Pak Lah is trying to church services. What a breath of stamp his own mark as premier. fresh air into Malaysian politics. Unfortunately for him, neither In Penang, immediately after his What a welcome relief from the merger has yet occurred. Kayeas ascendancy, he first called upon scoldings and sarcasm we were had inadvertently contributed to the people to work with him, not always subjected to when ‘his the festive merry-making a bit ear- for him. Next he ordered the civil predecessor’ addressed the rakyat. lier too, when he first read a wrong service to cut unnecessary red tape bill in parliament, and upon be- in order to curb corruption; appar- Indeed, in contrast to ‘his pred- ing corrected, then read a bill ently, things run smoother once ecessor’, he doesn’t appear to hog which had earlier been passed! palms are greased. His message the mass media reports either. Per- Incidentally, whatever has be- was that providing quality serv- haps because of Sadaam’s arrest, come of his proposed Bandar Uni- ices to the rakyat is the priority. The perhaps because of the fatal road versity near Tronoh? Not really relaxed style of his Hari Raya ad- accidents, the Bam earthquake fresh breeze, but this is comic re- dress was also refreshing. Even and the threat of a new outbreak lief to the scoldings and sarcasm, more so that his wife Endon sat of SARS, Pak Lah at times only and most certainly the syco- alongside him and was invited to appears in the inside pages – on phancy surrounding ‘the pred- ‘say a few words’ at the end. His page 14 on 29 Dec 2003, on page 2 ecessor’. We are convinced that concern with the number of on 30 Dec 2003 together with Kayeas got appointed as senator deaths on the road during the fes- Endon in a report on the batik fash- and then deputy minister not sim- tive rush came across as sincere. ion design competition. ply because of the strength of his And there was indeed a follow- PPP. Rather, it must be because up, still on-going. The MCA, too, is partly responsi- there’s a need to absorb into the ble for this fresh breeze. Except BN those fed up with the battling Apparently, he’s also been lead- when it’s a UTAR fund raiser, MIC and IPF. Or was it perhaps ing prayers in the mosques that there have hardly been any reports due to his being one of ‘the pred- he sometimes drops into on Fri- of Ling, who was beginning to ecessor’s’ favourites? days. What’s more, It was a nice sound like ‘the predecessor’. touch – unlike the usual imper- There’s also been a welcome end Remember Ibrahim (Katak) Ali? sonal Open Houses - to send greet- to that Team A versus Team B Poor Ibrahim was recently re- ings to some 1,500 church leaders ‘much ado about nothing’. Ex- moved as Pasir Mas UMNO divi-

Aliran Monthly : Vol.23(11) Page 19 sion chief. His supporters, how- group’s Editor-in-Chief was independence can only come ever, have protested his removal handed over to former journalist about when there is a more liberal and turned up in force at the air- and now active businessman political culture in our society. port to welcome him back to Kota Kalimullah Masheerul Hassan. This means, among other things, Baru on 25 Dec. The banners read Kalimullah, who was made chair- that certain laws that have an im- ‘ Hidup Ibrahim!’ Ibrahim claims person of the national news pact upon the development of the that he does not understand why agency Bernama prior to this and media will have to be repealed, he was removed. For if the criteria is said to be close to new Prime such as the omnipotent Printing is that he has not performed well, Minister Abdullah Ahmad Presses and Publications Act and then the same would apply to Badawi, was also appointed as Official Secrets Act. Really, press Kelantan UMNO chief Mustapha the group’s executive director ef- freedom cannot depend on the Mohamed as well, who also lost fective 1 January 2004. discretion and ‘good heart’ of a in the last election. He has a point. Home Minister, for example. It is also therefore unsurprising to But guess who’s protesting find that, for example, one of the Otherwise, a regime change will Ibrahim’s removal as well? directors on the Board of the almost always necessitate the re- Harakah devoted several pages Utusan Melayu Group is Dato’ placement of the Kadir Jasins and and pictures to his removal, Mohd Johari Baharum, who ac- Abdullah Ahmads of the world of which it has termed ‘harsh’. There cording to the group’s website was Malaysian media. Not that they have even been suggestions that the Political Secretary 1 to the shouldn’t be replaced, but the re- Ibrahim might do another lompat, former prime minister. It is not yet placement ought to be closely tied this time to PAS, which he has clear whether he now reports to to notions of journalistic credibil- denied. We ask you to spare a Pak Lah. ity and editorial independence, thought for Ibrahim too this fes- not political expediency. tive season. Not particularly fresh It is indeed a sad commentary of or breezy, he has nonetheless the country’s journalistic prac- Q Q Q Q Q brought much colour and comic tices when certain characters are Death Of Animals relief to our politics, especially replaced by others who’d be ex- In Captivity during those days of scoldings, pected to ‘play ball’ with the new sarcasm and sycophancy. political leadership and also to Perhaps the saddest thing about perform a gatekeeper role. Ap- our festive seasons is the increas- Q Q Q Q Q pointment exercises such as ing number of fatal accidents Changing Of The Kalimullah’s can only cause fur- which occur each year. Many are Guards At The NSTP ther harm to the credibility of the innocent victims of the festive media organisations concerned. It rush but some unnecessarily Indeed, enjoy this fresh breeze. It doesn’t take a rocket scientist (and tempt fate. As though reading might be short lived. For it appears we are sure that there are quite a about these deaths were not de- that we might be approaching that few in this land where there is an pressing enough, now we are told time when the mainstream media effort to send our first astronaut) that innocent animals in captiv- have to stop pretending to be in- to know that what is sorely needed ity are dying by the hundreds in dependent of their political mas- in the media industry is a number our National Zoo. One can imag- ters. It is the time when new po- of media organisations with im- ine the suffering of these creatures, litical appointees occupy the cov- peccable credentials that come owing to utter neglect, before their eted positions at the top of the along with editorial and political demise. The Zoo’s annual report media organisations to synchro- independence. Remember the for 2001/2002 confirmed the nise with the change of political takeover of the Nanyang Siang death of 540 poor animals. Surely, leadership in the country. Pau by MCA’s investment com- this should qualify for the Guin- pany Huaren? Remember how its ness Book of Records! And so it is with the case of the entire editorial board was also New Straits Times Press group. changed? Tell us then how much Datuk Ismail Hutson, Zoo Negara Freshly vacated by the once irre- degree of editorial independence acting director, was outraged by pressible and flamboyant the mainstream media have. this news report in our dailies Abdullah Ahmad (of the Kok and claimed ‘internal sabotage’. Lanas fame), the post of the But then editorial and political It takes the cake for this classic

Aliran Monthly : Vol.23(11) Page 20 piece of logic: He wondered why The long and short of it all is that Ashcroft said. “They desire aver- the death of 833 animals in 1999/ Malaysian boys should find a age solutions by means and ex- 2000 was not highlighted by the common ground and, if need be, tremes, and sometimes go off on press. We wonder about that too. make a kind of sacrifice if they are tangents in a search of absolute serious about promoting mutual value. They use secret code names But it only highlights the need to understanding beyond their na- like ‘x’ and ‘y’ and refer to them- be even more concerned about vel. selves as ‘unknowns’, but we how all these 1373 animals died. have determined they belong to a Perhaps the media were more con- Having said that, this initiative common denominator of the axis cerned about the goings-on in the may however be interpreted as the of medieval with coordinates in political zoo - including in the unkindest cut to young every country. kangaroo courts - rather than in Malaysian girls. Worse still, they the national zoo. But then, we may feel that they’ve been given a “As the Greek philanderer Isos- shoouldn’t be surprised. If it had short shrift. What we really mean celes used to say, there are three been Malaysians who had died in here is that popularising circum- sides to every triangle,” Ashcroft custody under suspicious circumcision in this fashion automati- declared. stances, our subservient press cally rules the girls out. After all, would have been just as reluctant don’t the girls also have a stake in When asked to comment on the to report the news in keeping with this beloved country of ours? arrest, President Bush said, “If its usual practice of self-censor- God had wanted us to have better ship. So we’d suggest that whoever ini- weapons of math instruction, He tiated this ‘circumcision idea’ would have given us more fingers Q Q Q Q Q should go back to the drawing and toes. board and think of something big A Cut Above The Rest enough that would include and “I am gratified that our govern- involve not only the boys but also ment has given us a sine that it is It is often claimed that this the girls who are part and parcel intent on protracting us from Bolehland called Malaysia is of the Malaysian cosmos. (We’re these math-dogs who are willing looked upon by the entire world of course not implying female cir- to disintegrate us with calculus as a good role model for other cumcision here.) disregard. Murky statisticians multicultural and multiethnic love to inflict plane on every sphere countries. We’ve got remedies that Q Q Q Q Q of influence,” the President said, others couldn’t even recognise More On The War adding: “Under the circumfer- even if they trip on them. And so Against Terror ences, we must differentiate their they could only quip, ‘ah, why root, make our point, and draw the didn’t we think of that before?’ Hot on the heels of the capture of line.” Saddam Hussein, security guards The Malaysian government’s lat- at New York’s Kennedy airport to- President Bush warned, “These est contribution to the promotion day arrested an individual, later weapons of math instruction have of ethnic harmony, to be sure, is identified as a public school the potential to decimal every- more than (fore) skin deep. Cut to teacher, trying to board a flight thing in their math on a scalene the chase, the religious affairs unit while in possession of a ruler, a never before seen unless we be- in the Prime Minister’s Depart- protractor, a setsquare, a slide rule come exponents of a Higher Power ment believes that circumcision, and a calculator. and begin to factor-in random which is a rite of passage for facts of vertex.” young Muslim boys, can contrib- At a morning press conference, ute to better ethnic relations if it Attorney-General John Ashcroft Attorney-General Ashcroft said, involves thousands of other boys said he believed the man is a mem- “As our Great Leader would say, from other religious traditions. In ber of the notorious al-gebra move- read my ellipse. Here is one prin- short, circumcision is said to have ment. He is being charged by the ciple he is uncertainty of: though the potential to bring Malaysians, FBI with carrying weapons of they continue to multiply, their particularly the younger genera- math instruction. days are numbered as the hypot- tion, of all ethnic and religious enuse tightens around their backgrounds together. “Al-gebra is a fearsome cult,” necks.”

Aliran Monthly : Vol.23(11) Page 21 URGENT APPEAL Aliran Monthly May Have To Cease Publication

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Aliran Monthly : Vol.23(11) Page 23 Continued from page 18 legitimacy in the public mind, the state must use varying degrees of in the Islamic institutions. In Ma- coercion to ensure compliance. laysia, Indonesia and Egypt, the This the citizens inevitably resist, Ulema and the Imam Masjid are which in turn produces a more au- the most trusted institutions of thoritarian state response. This civil society. The institution of generates further resistance, and Pirs/Kiyai/ Ustaz is very highly so a cycle of authoritarian re- trusted in Malaysia and Indone- sponse and resistance develops. sia, and moderately in Egypt. In The state ultimately comes to be Pakistan and Iran, the two coun- seen as authoritarian, oppressive tries that can be described as un- and unfair and this leads to po- differentiated states i.e. Islamic litical mobilisation against the States, trust in the religious insti- state. The institutions of civil so- tutions was relatively low. The key ciety that act as the mobilisers of institutions of the state namely, this resistance gain in public trust Parliament, Civil Service and the AM vol.22(2) and consequently come to enjoy Courts were trusted by a signifi- esteem (especially in Malaysia), high levels of esteem and legiti- cantly smaller proportions of re- and the religious institutions are macy among the public. spondents in the study except in held in the highest esteem. In Iran Malaysia where the level of trust and Pakistan, both state and reli- In differentiated Muslim social for- was comparatively higher. In Ma- gious institutions are held in low mations, the religious institutions laysia there is also a greater level esteem, and a similar pattern pre- play a vital public role in the mo- of trust in the media. vails in Kazakhstan. bilisation of resistance to the state, thereby increasing their esteem in These findings are interesting be- Low Levels Of Trust the public mind. Universities and cause this is the first time such an In Religious Institutions Public Intellectuals are also held empirical study has been carried In Islamic States: in high esteem for the same rea- out in major Muslim communities an explanation son. In Pakistan and Iran, how- in different regions of the world, ever, the situation is different. Pa- and with different institutional What could be a possible expla- kistan and Iran are undifferenti- configurations. Intuitively, one nation of these findings and what ated social formations in which would expect that since Iran and are their sociological implica- religious institutions are inte- Pakistan are the only Islamic tions? An explanatory hypothesis grated in the state structures. The states (Undifferentiated states) can be constructed in the follow- erosion of trust in state institu- among the seven countries the ing way. Given that in all of the tions, therefore, also corrodes trust level of trust in the religious insti- societies under study except Ma- in the religious institutions that tutions should be relatively high. laysia there is a relatively low level are perceived as part of the state. The results are the exact opposite. of trust in key state institutions, The Intellectuals and Universities In relative terms, even the trust we can hypothesise that a dialec- are probably trusted because of shown in religious institutions in tical process is created by the so- their role as mobilisers of resist- Kazakhstan as compared with cial and political conditions ance against a state perceived as state institutions was surprising, within which key state institu- weak, ineffectual and authoritar- although one must treat tions enjoy only low levels of es- ian. The low level of trust in reli- Kazakhstan as a special case, teem, and consequently political gious institutions in Pakistan and given its recent history. In view of legitimacy, among their citizens. Iran further reduces the trust in this evidence we can say that the the state institutions. In the case faithlines in contemporary The main business of the state is of Kazakhstan, the disintegration Malaysian, Indonesian and Egyp- to govern and manage the affairs of the former Soviet Union has re- tian societies are very clearly de- of society in a fair and unbiased sulted in unparalleled political, lineated. The state institutions are manner. When the state or its key social and economic insecurity, held in low to moderately high institutions lack social/political and the low level of trust in all in-

Aliran Monthly : Vol.23(11) Page 24 stitutions is probably indicative of The findings should be of special Such a situation may also not be that insecurity. interest to the Malaysian Islamic conducive to the profession and political activists seeking to estab- promotion of the universality of The case of Turkey offers an inter- lish an Islamic state in the coun- Islamic values. This would also esting example. In Turkey the level try. If they succeed in these efforts suggest that religious institutions of trust in all key institutions ex- it may have an adverse impact on within a Muslim society continue cept Universities and intellectuals the level of public trust they ap- to play a constructive social, cul- is relatively low. But even in this pear to enjoy now among the tural and religious role when reli- staunchly secular Muslim coun- Malays overtime. gion is kept separate from the state try the religious institutions ap- and when these institutions en- pear to be gaining in public ac- These findings also have implica- joy an appropriate place in the ceptance and trust. This is clearly tions for the ruling elite, particu- institutional configurations of the indicated in the results of recent larly in differentiated Muslim so- society. It may be prudent, there- Turkish elections in which the cieties. The findings also show a fore, to keep faith separate from Islamically affiliated Justice and ‘feedback’ effect. The level of trust the state. Development Party won strong in religious institutions is directly public support to become the related to the level of trust in the There is, of course, the logical pos- dominant single political party in institutions of the state. This sibility of a Muslim society that is the Turkish Parliament and is means that attempts to disestab- characterised by high levels of now the governing political party lish Islam may have adverse con- trust in and esteem for the state, in Turkey. sequences for the level of trust in and in which there is also a high and legitimacy of the state itself. level of trust in religious institu- Public Trust Or The implication for the interna- tions. However, as far as we know, Political Power? tional community is that if an Is- there are no contemporary exam- lamic state were to come into ex- ples of such a situation that can Viewed from this perspective, the istence through democratic and be readily identified. This raises findings may have important im- constitutional means, support for the interesting question of why plications for the institutional such a state could in the long run this is so? Does it mean that such configuration of the state in Mus- pave the way for the development a situation is not possible, or could lim countries. An Islamic state of a kind of differentiated Muslim such a situation possibly come that lacks trust, and consequently social formation. about under circumstances in political legitimacy, in the public which different political arrange- mind, may in fact cause an ero- Separation Allows ments prevail between Islam and sion of trust in Islamic institutions, Constructive Role the state? It is hope that this ques- thereby further weakening the tion as well as the findings re- fabric of civil society. For the reli- In summary, integration of reli- ported here will stimulate further gious elite in Muslim countries, gion and the state in Muslim coun- debate and discussion on the re- the message of these findings is tries may not always be in the best lationship between the state and that an Islamic State may not al- interests of Islamic institutions religious institutions in Muslim ways be in the best interest of Is- and the religious elite, because countries. q lamic institutions and religious when a state carries a deficit of elite. They can have public trust trust in the public mind, public or political power but not both. trust in religious institutions is Riaz Hassan is Professor of To promote a constructive socio- also eroded. This could have seri- Sociology at Flinders Univer- cultural, moral and religious role ous social, cultural, political and sity, Adelaide, Australia. He for religious institutions within a religious implications. For exam- is author of the book Muslim society, it may be prudent ple, if the public lacks trust in the “Faithlines: Muslim Concep- to keep faithlines separate from institutions of the Ulema and tions of Islam and Society” the state, and thereby prevent Imam Masjid, this could signifi- published by Oxford Univer- them from becoming the faultlines cantly undermine the fabric of sity Press 2003. of the political terrain. civil society.

Aliran Monthly : Vol.23(11) Page 25 REFUGEE RIGHTS To Leave Or Not To LeaveLeaveTo The Refugee Dilemma by Amer Hamzah Arshad

n the 1990s, the Indone- Tanjung Balai, Medan to Port unrepresented, pleaded guilty II sian Army abducted Klang. Upon reaching the shores to the charge. The Magistrate III Ahmad Adnan’s father of Malaysia, he went to seek ref- therefore convicted him for en- due to his brother’s in- uge at his countrymen’s abode. A tering the country illegally. But volvement with GAM (the Free few days later, Ahmad Adnan what the Magistrate had refused Aceh Movement). His brother, went to the United Nations High to consider - despite his attempts Shamsul Bhari, had been on the Commissioner for Refugees to explain his position - was the wanted list of the Indonesian (UNHCR) office at Jalan Bukit crucial fact that Ahmad Adnan army for quite some time. Petaling. He was interviewed by was a recognized UNHCR refu- UNHCR officers and was subse- gee and thus should have been Since the abduction, Ahmad quently given refugee status by the accorded protection for his refu- Adnan has never seen his father. UNHCR in July 2002. gee status. Ahmad Adnan imself was beaten up by the Indonesian army on On 2 April, 2003, Ahmad Adnan Denied a chance to explain his several occasions. So was his with a few other friends were situation in Malaysia, Ahmad other brother, who subsequently stopped by several policemen. He Adnan was then sentenced to 10 became insane and eventually was asked to show his docu- months’ imprisonment and two died. ments. Ahmad Adnan promptly strokes of the rotan. He was then showed the policemen his brought to the Kajang Prison on In 1998, the Indonesian army re- UNHCR card and explained that the same day. Although Ahmad sumed their harassment of he was a recognized UNHCR refu- Adnan had a chance to appeal Ahmad Adnan by ransacking his gee. Despite his explanation, the against his conviction and sen- house and beating him severely. policemen arrested him and de- tence within ten days from the In the first quarter of 2002, the In- tained him from 2 April 2003 un- date he was sentenced, he was donesian army visited him again til 10 April 2003. denied the opportunity of doing to carry out their usual ransack- so due to the refusal of the prison ing of his house. This time, how- Court Ignores UNHCR authorities to file the Notice of ever, they burned down his house. Refugee Status Appeal on his behalf. The Indonesian Army confiscated all of his personal belongings, and On 11 April 2003, Ahmad After enduring days of hopeless he was ordered to go to an Indo- Adnan was brought to the Mag- attempts to pursue his appeal, nesian army camp. istrates Court in a state of fear Ahmad Adnan finally wrote to the and confusion. Despite being a UNHCR explaining his predica- Fearing for his life, Ahmad recognized refugee, he was ment. Luckily for Ahmad, around Adnan, with the assistance of his charged under Section 6(1) of 8 May 2003, a UNHCR official vis- uncle, managed to escape from the Immigration Act. The charge ited him in Kajang Prison and as- Aceh. Ahmad Adnan fled to Ma- for his arrest was read out to sisted him in obtaining legal rep- laysia in May 2002 by ship from him. Ahmad Adnan, who was resentation.

Aliran Monthly : Vol.23(11) Page 26 An application for revision was and arrest by the police, prosecu- Commission (Suhakam) has failed quickly made and filed at the tion by the Public Prosecutor, de- to live up to its reason for exist- Shah Alam High Court. The revi- tention and deportation by the ence. It has failed in its duty: sion was heard before Dato’ K N immigration authority. • to recommend to the Segara J on 7 July 2003. The revi- Malaysian Government to sion was allowed and the convic- An Interim Solution ratify the UN Convention on tion (on the guilty plea) and sen- Refugees (and its protocol) and tence were set aside and the mat- In the present situation, even other international human ter was remitted back to another though the Malaysian Govern- rights treaties and instru- Magistrate. The Attorney Gener- ment has yet to ratify any of the ments; al’s Chambers subsequently with- international conventions per- • to advise the Malaysian Gov- drew the charges against Ahmad taining to refugees and human ernment to incorporate the Adnan on 10 July 2003, and the rights, the Government, at the very principles enshrined in the Magistrate discharged Ahmad least, could still ensure and pro- Universal Declaration of Hu- Adnan. vide the very basic protection to a man Rights as a standard; refugee; namely protection from • to raise public awareness of the Technically, from that moment refoulement (see box). Acehneses’ refugees’ plight; onwards Ahmad Adnan should and have been released uncondition- The Malaysian Government, if it • to seek protection for them. ally. To the authorities, however, wanted to, could use the present Ahmad Adnan was just another laws to achieve this goal. The Im- It has been said that how a coun- undocumented immigrant. Be- migration Act, particularly Sec- try treats its prisoners reflects the cause of the present state of the tion 55, states that the Minister level of its civilization. The same immigration law, an order was may by order exempt any person can be said of a country in respect issued by the Immigration Depart- or class or persons, either abso- of its treatment of refugees. ment for Ahmad Adnan to be de- lutely or conditionally, from all or tained at an immigration depot any of the provisions of this Act If the Malaysian government seri- until an opportunity arose to re- and may in any such order pro- ously wants to achieve its coveted turn him to his place of embarka- vide for any presumptions neces- ‘developed country’ status by the tion or to the country of his birth sary in order to give effect thereto. year 2020, the first step in that di- or citizenship. Such a measure however would rection would be to recognize and be purely temporary and since the protect the basic human rights of Luckily for Ahmad Adnan, at that refugee issue is a never-ending not only its own citizens but also material time, Denmark had one, the Malaysian Government that of refugees. It can do this by agreed to accept him for the pur- should seriously look into long- ratifying the relevant conven- pose of resettlement. His life and term measures. tions. And finally, let it not be for- liberty was eventually spared, but gotten that, the duty to recognise, not before enduring a series of It is unfortunate to note that the protect and advocate human human rights infringements in Malaysian Government has not rights falls not only on the his country of origin as well as the made any clear and substantive Malaysian government, local country to which he had fled for efforts to recognise the Acehneses’ NGOs and human rights groups, refuge. Some refugees are not so refugee status in this country. And Suhakam and UNHCR but also lucky. it is deplorable that the Malaysian on each and every citizen in this Government has not even both- country. q It is apparent from this case study ered to invoke Section 55 of the Act that the local laws are inadequate to protect the Acehnese refugees to handle these kinds of situa- that have come to our country. In- Amer Hamzah is a Kuala tions. Ever since Ahmad Adnan stead they have prosecuted them, Lumpur-based lawyer in- set foot on the soil of Malaysia, he like in the case of Ahmad Adnan. volved in cases relating to was not protected. What’s more, human rights and refugees. he was subjected to harassment The Malaysian Human Rights

Aliran Monthly : Vol.23(11) Page 27 United Nations concepts of ‘international commu- thorities and show good cause for Convention nity’ and ‘common humanity’ and their illegal entry or presence. must be seen as an integral part of On Refugees 1951 that foundation of freedom, justice Right To Seek Asylum The United Nations Convention and peace that is human rights. Relating to the Status of Refugees Once a person fleeing persecution 1951 was the first international This principle of non-refoulement can enters another State, what s/he treatise that defined the duties of be found in Article 33 of the Con- needs most is asylum. Asylum is member countries to a refugee as vention and also in the law relating the protection which a State well as the refugee’s rights in these to the prohibition of torture and cruel grants on its territory or in some countries. The Convention sets out or inhuman treatment. other place under the control of that the basic human rights to be certain of its organs, to a person accorded to the refugees should, Can A Country That Has who comes to seek it. Asylum is at least, be the equivalent to the Not Signed The Convention necessary not only for safeguard- rights enjoyed by foreign nation- Refuse To Admit A Person ing his/her rights to life, security als living legally in a given coun- Seeking Protection? and integrity but also preventing try. In many developed countries, other human rights violations. the rights accorded to a refugee A refugee seeking protection must Therefore, the granting of asylum are similar to that of a citizen of not be prevented from entering a in the case of refugees is an im- that State. The Convention also country. Nor can a refugee be forci- portant aspect of human rights recognized the international scope bly returned to his/her home coun- protection. of refugee crises and the neces- try or any other country where s/he sity of international cooperation, could face persecution. The principle Socio-Economic Rights including burden-sharing among of non-refoulement – barring the re- states, in tackling the problem. turn of a refugee to a territory where In addition to the basic rights men- his/her life or freedom is threatened tioned earlier, there are other The Basic Rights - is considered by a number of schol- rights which are no less important Due To A Refugee ars as a rule of customary interna- to the refugee who is granted asy- tional law. It is thus binding on all lum which should not be over- The Convention sets out the basic states without exception and regard- looked. These rights include the human rights of a refugee. Among less of whether they have ratified the right to work, the right to hous- others: Refugee Convention or Protocol. ing, the right to education, the right to public relief and assistance, Prohibition Of Expulsion Exemption From Penalties free access to courts, freedom of Or Refoulement For Illegal Entry Into movement within the territory The Territory Of and the right to be issued identity When a person is compelled to A Contracting State and travel documents. flee his country of origin due to a well-founded fear of being perse- Since a refugee is a person who flees Human Rights cuted, his immediate concern is his country of origin to avoid perse- Of Refugees In Malaysia? protection against expulsion or cution, it would be akin to rubbing refoulement. Such protection is salt into an open wound if s/he is Malaysia is one of the few remain- necessary for preventing further prosecuted and punished on account ing countries that has not ratified human rights violations. This is of his/her illegal entry or presence the Convention and all the other because his forcible return to his into the country where s/he is seek- major UN human rights instru- country of origin may endanger ing refuge. ments that are relevant to asylum his life and safety. seekers and refugees. Malaysia It is for this reason that Article 31 of has also failed to enact any legis- Due to this, the international com- the Convention has prohibited the lation for the protection of refu- munity has recognized the princi- Contracting States to impose penal- gees. Refugees in Malaysia are ple of non-refoulement, which ties on refugees merely on account therefore deemed “illegal immi- prohibits both rejection of a refu- of their illegal entry or presence into grants” and would shoulder the gee at the frontier and expulsion a country. This prohibition, however, full brunt of the harsh and arbi- after entry. This rule derives its is subject to the refugees presenting trary penalties enacted in the Im- existence and validity from twin themselves without delay to the au- migration Act 1959/63.

Aliran Monthly : Vol.23(11) Page 28 INTERNATIONAL Dominance And Its Dilemmas by Noam Chomsky Part II

or the political leader- eral conditions. It must be ship, mostly recycled defenseless, important enough to FFF from more reactionary be worth the trouble, and an im- sectors of the Reagan- minent threat to our survival and Bush I administrations, “the glo- ultimate evil. Iraq qualified on all bal wave of hatred” is not a par- counts. The first two conditions ticular problem. They want to be are obvious. For the third, it suf- feared, not loved. They under- fices to repeat the orations of Bush, stand as well as their establish- Blair, and their colleagues: the dic- ment critics that their actions in- tator “is assembling the world’s crease the risk of proliferation of most dangerous weapons [in or- weapons of mass destruction der to] dominate, intimidate or at- (WMD) and terror. But that too is tack”; and he “has already used not a major problem. Higher in them on whole villages leaving the scale of priorities are the goals thousands of his own citizens nunciation as soon as their friend of establishing global hegemony dead, blind or transfigured....If committed his first authentic and implementing their domestic this is not evil then evil has no crime: disobeying (or perhaps agenda: dismantling the progres- meaning.” misunderstanding) orders by in- sive achievements that have been vading Kuwait. Punishment was won by popular struggle over the President Bush’s eloquent denun- severe — for his subjects. The ty- past century, and institutionaliz- ciation surely rings true. And rant escaped unscathed, and his ing these radical changes so that those who contributed to enhanc- grip on the tortured population recovering them will be no easy ing evil should certainly not en- was further strengthened by the task. joy impunity: among them, the sanctions regime then imposed speaker of these lofty words and by his former allies. New Norm Of his current associates, and those International Law who joined them in the years Moral Grounds? when they were supporting the It is not enough for a hegemonic man of ultimate evil long after he Also easy to suppress are the rea- power to declare an official policy. had committed these terrible sons why Washington returned to It must establish it as a “new norm crimes and won the war with Iran, support for Saddam immediately of international law” by exem- with decisive US help. We must after the Gulf war as he crushed plary action. Distinguished com- continue to support him because rebellions that might have over- mentators may then explain that of our duty to help US exporters, thrown him. The chief diplomatic law is a flexible living instrument, the Bush-1 administration ex- correspondent of the New York so that the new norm is now avail- plained. It is impressive to see Times explained that “the best of able as a guide to action. It is un- how easy it is for political lead- all worlds” for Washington derstood that only those with the ers, while recounting the mon- would be “an iron-fisted Iraqi guns can establish “norms” and ster’s worst crimes, to suppress junta without Saddam Hussein,” modify international law. the crucial words: “with our help, but since that goal seems unat- because we don’t care about such tainable, we must be satisfied with The selected target must meet sev- matters.” Support shifted to de- second best. The rebels failed be-

Aliran Monthly : Vol.23(11) Page 29 cause Washington and its allies huddled under the umbrella of held that “whatever the sins of the power in fear of the demonic en- Iraqi leader, he offered the West emy. and the region a better hope for his country’s stability than did The brilliant success of “public those who have suffered his re- diplomacy” was revealed when pression.” All of this is sup- the President “provided a power- pressed in the commentary on the ful Reaganesque finale to a six- mass graves of the victims of week war” on the deck of the air- Saddam’s US-authorized parox- craft carrier Abraham Lincoln on ysm of terror, crimes that are now May 1. The reference, presumably, offered as justification for the war is to Reagan’s proud declaration on “moral grounds.” It was all that America was “standing tall” known in 1991, but ignored for after conquering the nutmeg capi- reasons of state: successful rebel- tal of the world in 1983, prevent- must continue, if only to control lion would have left Iraq in the ing the Russians from using it to the population at home. Before the hands of Iraqis. bomb the US. Reagan’s mimic was 2002 elections, he had instructed free to declare — without concern Party activists to stress security Within the US, a reluctant domes- for skeptical comment at home - issues, diverting attention from tic population had to be whipped that he had won a “victory in a unpopular Republican domestic to a proper mood of war fever, anwar on terror [by having] removed policies. All of this is second-na- other traditional problem.. From an ally of Al Qaeda.” It is imma- ture to the recycled Reaganites early September 2002, grim warn- terial that no credible evidence now in office. That is how they ings were issued about the threat was provided for the alleged link held on to political power during Saddam posed to the United between Saddam Hussein and his their first tenure in office, regu- States and his links to al-Qaeda, bitter enemy Osama bin Laden larly pushing the panic button to with broad hints that he was in- and that the charge was dis- evade public opposition to the volved in the 9-11 attacks. Many missed by competent observers. policies that left Reagan the most of the charges “dangled in front Also immaterial is the only known unpopular living President by of [the media] failed the laugh connection between the victory 1992, ranking alongside Nixon. test,” the editor of the Bulletin of and terror: the invasion appears Atomic Scientists commented, to have been a “huge setback in Despite its narrow successes, the “but the more ridiculous [they the `war on terror’,” by sharply intensive propaganda campaign were,] the more the media strove increasing al-Qaeda recruitment, left the public unswayed in more to make whole-hearted swallow- as US official concede. fundamental respects. Most con- ing of them a test of patriotism.” tinue to prefer UN rather than US Re-election leadership in international crises, As often in the past, the propa- Campaign? and by 2-1, prefer that the UN, ganda assault had at least short- rather than the United States, term effects. Within weeks, a ma- More astute observers recognized should direct reconstruction in jority of Americans came to regard that Bush’s carefully-staged Iraq. Saddam Hussein as an imminent Abraham Lincoln extravaganza threat to the US. Soon almost half “marks the beginning of his 2004 When the occupying army failed believed that Iraq was behind the re-election campaign,” which the to discover WMD, the administra- 9/11 terror. Support for the war White House hopes “will be built tion’s stance shifted from “abso- correlated with these beliefs. The as much as possible around na- lute certainty” that Iraq possessed propaganda campaign proved tional-security themes.” The elec- WMD to the position that the ac- just enough to give the adminis- toral campaign will focus on “the cusations were “justified by the tration a bare majority in the mid- battle of Iraq, not the war,” chief discovery of equipment that po- term elections, as voters put aside Republican political strategist tentially could be used to produce their immediate concerns and Karl Rove explained” : the “war” weapons.” Senior officials sug-

Aliran Monthly : Vol.23(11) Page 30 gested a “refinement” in the con- democracy. Thomas Friedman pendent force in world affairs. cept of preventive war that enti- urged that France be removed from Thus senior diplomat David Bruce tles the US to attack “a country that the permanent members of the Se- was a leading advocate for Euro- has deadly weapons in mass curity Council, because it is “in pean unification in the Kennedy quantities.” The revision “sug- kindergarten,” and “does not play years, urging Washington to “treat gests instead that the administra- well with others.” It follows that a uniting Europe as an equal part- tion will act against a hostile re- the population of New Europe ner,” — but following America’s gime that has nothing more than must still be in nursery school, lead. He saw “dangers” if Europe the intent and ability to develop judging by polls. “struck off on its own, seeking to [WMD].” The bars for resort to play a role independent of the force are significantly lowered. Contempt For United States.” In his “Year of Eu- This modification of the doctrine Democracy rope” address 30 years ago, of “preventive war” may prove to Henry Kissinger advised Europe- be the most significant conse- Turkey was a particularly instruc- ans to keep to their “regional re- quence of the collapse of the de- tive case. The government resisted sponsibilities” within the “over- clared argument for the invasion. heavy US pressure to prove its all framework of order” managed “democratic credentials” by over- by the United States. Europe must Perhaps the most spectacular ruling 95% of its population and not pursue its own independent propaganda achievement was the following orders. Commentators course, based on its Franco-Ger- lauding of the president’s “vi- were infuriated by this lesson in man industrial and financial sion” to bring democracy to the democracy, so much so that some heartland. Middle East in the midst of a dis- even reported Turkey’s crimes play of hatred and contempt for against the Kurds in the 1990s, In the tripolar world that was tak- democracy for which no prec- previously a taboo topic because ing shape at that time, these con- edent comes to mind. One illus- of the crucial US role — though cerns extend to Asia as well. tration was the distinction be- that was still carefully concealed Northeast Asia is now the world’s tween Old and New Europe, the in the lamentations. most dynamic economic region, former reviled, the latter hailed for accounting for almost 30% of glo- its courage. The criterion was The crucial point was expressed by bal GDP, far more than the US, and sharp: Old Europe consists of gov- Paul Wolfowitz, who condemned holding about half of global for- ernments that took the same posi- the Turkish military because they eign exchange reserves. It is a po- tion as the vast majority of their “did not play the strong leadership tentially integrated region, with populations; the heroes of New role that we would have expected” advanced industrial economies Europe followed orders from and did not intervene to prevent the and ample resources. All of this Crawford Texas, disregarding an government from respecting near- raises the threat that it too might even larger majority, in most cases. unanimous public opinion. Turkey flirt with challenging the overall Political commentators ranted must therefore step up and say “We framework of order, which the US about disobedient Old Europe and made a mistake...Let’s figure out is to manage permanently, by force its psychic maladies, while Con- how we can be as helpful as possi- if necessary, Washington has de- gress descended to low comedy. ble to the Americans.” Wolfowitz’s clared. stand is particularly instructive be- At the liberal end of the spectrum, cause he is portrayed as the lead- Violence is a powerful instrument Richard Holbrooke stressed “the ing figure in the crusade to democ- of control, as history demon- very important point” that the ratize the Middle East. strates. But the dilemmas of domi- population of the eight original nance are not slight. q members of New Europe is larger Anger at Old Europe has much than that of Old Europe, which deeper roots than contempt for proves that France and Germany democracy. The US has always The first part of this article are “isolated.” So it does, if we re- regarded European unification appeared in AM 23(10). ject the radical left heresy that the with some ambivalence, because public might have some role in a Europe might become an inde-

Aliran Monthly : Vol.23(11) Page 31 tion Agency (ACA), which was nothing more than a toothless tiger. The head of the ACA is only a government servant and he has been trained to bark at the right time and wag his tail when his master gave him a pat on the head.

But now it seems that Abdullah Ahmad Badawi is going to change all that. At the moment, the ministers hold the ACA in contempt and feel that they are more powerful than the ACA. A good example of this is the case when the ACA was involved in a verbal spat between Entrepreneur Devel- opment Minister Nazri Aziz over Letters must not exceed 250 words and must include the writer's alleged graft cases pertaining to name and address. Pseudonyms may be used. Send letters to : 6,000 taxi permits allegedly given Editor, ALIRAN MONTHLY, 103, Medan Penaga, 11600 Penang, to an individual (NST, 8 Decem- Malaysia or e-mail to : [email protected] Views ber 2003). expressed need not reflect those of Aliran. If you are sending by e-mail please include your message in the e-mail body itself. Nazri was bold enough to rebuke We do not open attachments to avoid viruses. Nordin, the ACA chief, by saying, “A sane man would know it is not Corruption: there was nothing he could do as wise to threaten us. I want to re- The Scourge long as Dr. Mahathir’s shadow mind him for the last time that he Of The Nation was still looming over his head. is a Government servant and in Being a cautious man (unlike the this structure, ministers are his su- From the very first day when two previous Deputy PMs) not periors and he is unswerable to Datuk Abdullah Ahmad Badawi wanting to offend his master, he us.” took over the post as the Prime was biding for time and only felt Minister, in his maiden speech — ready to do so after he stepped What if the superiors are wrong? among other things — he ad- into the Prime Minister’s shoes. Surely no one is above the law — dressed the issue of corruption ministers included! This attitude and gave great emphasis in try- We must all wish Abdullah (superiority complex?) has to ing to wipe out corruption. Ahmad Badawi the very best of change. luck and all the resourceful energy Well, what was Dr. Mahathir do- to combat corruption. To begin with, the ACA has to ing when he was the Prime Min- be an independent body in or- ister? Nothing much except to We all know that when Dr. der to be effective. I would sug- protect his interests and his cro- Mahathir was in power, he con- gest that the head of the ACA be nies. A good case is the Perwaja trolled everything — it was a one- appointed by the King (similar Steel scandal. This is a case of man show. He controlled the Ex- to the appointment of judges) “power corrupts and absolute ecutive, Legislature and the Judi- with the rank equivalent to that power corrupts absolutely”. ciary. of a minister. At the moment the ACA is not unswerable to Par- Corruption was rife even when The police force was just a con- liament and only serves as a Abdullah Ahmad Badawi was venient tool to serve its political component in the PM’s Depart- the Deputy Prime Minister but masters. So was the Anti-Corrup- ment.

Aliran Monthly : Vol.23(11) Page 32 However, good news is in the off- It Is Tunku, “Tengkus” from the Malay States ing as the Secretary to the Govern- Not Tengku as well as those of Bugis and ment recently announced that in Sumatran ancestries who lost future whistle-blowers will be as- their royal status when Indonesia sured of protection. In the past became a Republic. Therefore, for whistle-blowers had to go to jail historical reasons as well as for because of the Official Secrets Act official record, the Malaysian and the perpetrators escaped Government should ensure that prosecution. A good case was only the correct form of address is when Lim Guan Eng had to go to used when referring to Tunku jail when he tried to expose the Abdul Rahman Putra. This is alleged wrongdoings of Rahim important as the Tunku is our Tamby Chik. country’s first Prime Minister.

Let us all pray that Abdullah Tunku Ismail Jewa Ahmad Badawi will transform the Penang ACA from being a toothless tiger Malaysia achieved Independ- into a bold and dignified lion — ence 46 years ago but it is sur- You Are Elected to be feared and respected. prising that after all those years To Serve, Nazri there is still inconsistency in the Tunku Yusuf Jewa use of the word “Tunku” in our “I have to teach him that politi- Kota Bharu first Prime Minister’s name. cians are not called the political What About Certain printed media and a few masters and him the government local writers still prefer to use servant for nothing.”{NST: De- Solutions? “Tengku” which is not the offi- cember 9, 2003} It is shocking to Salutations for your courage in cial version of Bapa Malaysia’s read the statements made by a creating awareness among the name as recorded in the Sultan Minister regarding the position of public about issues affecting the of Kedah’s office. This dispar- politicians. Politicians are voted people and the country. At present ity in the choice of word has cre- to their respective positions by the where conditional freedom of ex- ated a little confusion among people. They are paid with tax- pression is being practised, Aliran post-Merdeka students. payers money and yet in Malay- gives a glimpse of hope for us sia we seem to have reached a “rakyat” where views could tran- No doubt the acceptable word for state where politicians are chal- scend the invisible fences. It is prince or princess in the Malay lenging the very fabric of democ- laudable that most of the issues language is “Tengku” but in racy. Some politicians even seem highlighted in the Aliran Monthly Kedah “Tunku” is used. This he- to think that they are above the concern the imperfections of the reditary royal title in Kedah origi- law. Irrespective of what is tran- government and the people be- nated during the reign of Kedah’s spiring between ACA and Nazri, hind it, and to expose and debate first Muslim ruler, Sultan it just goes to show the mind-set issues. It is one of many facets of Muzaffar Shah (1136-1179). of UMNO politicians who feel developing a just society. When Muzaffar Shah became a that no action can be taken against Muslim he changed the Hindu them. However, one aspect in which names of his children and added Aliran seems to be lacking is con- to them the word “Tunku” which In their sheer arrogance, they have tribution of ideas for solutions. If is an abridged form of “Tuan completely forgotten that they it is justice that we are all fighting Aku”. Thus Tunku Abdul were voted in by the public, who for, then it is only justified to find Rahman who is a direct descend- include many civil servants. They the balance between criticism and ent of Muzaffar Shah is addressed were chosen by the people to ideas. as “Tunku”. ‘serve the people’ and not to be their ‘political masters’. We have Mudassir Mahyuddin In Malaysia there are many gone through the British occupa-

Aliran Monthly : Vol.23(11) Page 33 gal foreign workers live. There is Enough is enough! All loan de- even a colony of over 1,000 illegal faulters must be held responsi- Indonesian settlers which is given ble and must be made to honour the name “Kampung Indonesia” their contractual obligations. right in the heart of the Lagenda Most loan funds are ‘revolving’ Heights Development. ones. Loan defaulters have lit- erally made them into ‘sinking’ The Lagenda Heights Develop- or ‘sunk’ funds! Their selfish- ment Project is one of the pioneer ness and lack of civic sense will projects of the Ministry of Home sabotage National development Affairs (KDN) under a Privatisa- and progress. Loan defaulters tion Scheme. From my conversa- have been likened to sponges, tion with the Investigation Officer saboteurs, criminals and the at IPD Sungai Petani, the IPD scum of society. tion and the Japanese occupation Sungai Petani were fully aware of – we certainly do not have to go the developments at the Project I make these humble suggestions through an “UMNO occupation”. Site. However he was reluctant to for the serious consideration of all Politician who cannot get over this act to eradicate the menacing loan givers: ‘master-servant’ mind-set should presence of illegal immigrants not be given the vote by the ordi- there for fear of retaliation from the 1. Loan givers have all the per- nary Malaysian on the street. KDN. sonal details of the defaulters. In case of difficulty, use the services ACA has its weaknesses and limi- Lee Chee Leong of the Registration Department or tations. Yes, they have dragged Penang the Income Tax Department to their feet on numerous occasions. trace them. Need Many people consider them a toothless tiger. We need to have May Day For Justice 2. Give them an ultimatum about an ACA which is more effective. the settlement of their loans, fail- We call upon the government of I have nothing to say except that ing which initiate litigation. Malaysia to make the ACA an- Tun Salleh Abas was the best swerable to parliament and not to Chief Justice we ever had. By the 3. Ensure that loan defaulters do any one individual. This will way, I need the book “May Day not get promotions if they are in make their actions transparent For Justice”. Can you please tell the government or quasi-govern- and they will be free to act with- me how to get one? ment departments. out fear or favour. Paul Kerangkas 4. Ensure that loan defaulters are Dr Xavier Jayakumar not conferred awards by the Sul- Parti Keadilan Nasional Study Loan Defaulters tans/Governors.

Frustrated Over It was reported in the NST (25 Dec 5. Ensure that children of loan Police Inaction 2003) that according to MARA defaulters do not get scholarships 52,249 student loan defaulters or loans. I was robbed and assaulted in owed the agency a staggering 209 Lagenda Heights, Sungai Petani million ringgit! This statistic is I guarantee that the above meas- on 30 August 2003 and made a really mind-boggling. Like ures will produce the desired re- police report on the same day. MARA, the other loan givers like sults. However, if those charged the JPA, Federal and State govern- with the responsibility of recover- Except for issuing me the police ments and the corporate sector are ing loans are themselves loan de- report, IPD Sungai Petani have not in a quandary about what to do. faulters, we have an additional taken any positive action to en- They have been whining and problem. sure safety and order in the sur- gnashing and grinding their teeth rounding areas, where many ille- without the will to bite! Theatre, OTA

Aliran Monthly : Vol.23(11) Page 34 IF UMNO-11 APPEAL HAD BEEN HEARD ...

few people have asked invite AA me what would have i) the President of UMNO to AAA happened if Tun Salleh form the government of Malay- Abas, the Lord President sia, if the BN had a majority of had been allowed to convene the MPs in Parliament. sitting of the Supreme Court in ii) By declaring the 1987 election 1988 to hear the UMNO 11 appeal George Seah of the UMNO President null consisting of nine judges made up and void, the Prime Minister, of the followings: Dr. Mahathir, would have had to tender his resignation to the 1 . Tun Salleh Abas, Lord Presi- King as a matter of honour. dent 2. Tan Sri Abdul Hamid, Chief b) The Yang di-Pertuan Agong Justice of the High Court in Ma- might have appointed Tengku Tan laya Sri Razaleigh Hamzah (who lost 3. Tan Sri Lee Hun Hoe, Chief out to Dr. Mahathir in the Presi- Justice of the High Court in and Datuk George Seah. dential UMNO election by a small Borneo majority) as Prime Minister of a 4. Tan Sri Wan Suleiman After declaring UMNO to be an caretaker government until a 5. Datuk George Seah unlawful society, Harun J (the trial proper and lawful person was 6. Tan Sri Mohamed Azmi judge) should have also declared elected President of UMNO at a 7. Tan Sri Hashim Sani Yeop the election of the UMNO Presi- later date. 8. Tan Sri Abdoolkader dent to be null and void. This was 9. Tan Sri Wan Hamzah the main thrust of the UMNO 11 It is clear from the above scenario appeal to be determined by the that the convening of a 9-member (P.S. I will explain at the appropriate Supreme Court. Bench of the Supreme Court time why although ranked No. 5 in would have had wide and far- the hierarchy in the Supreme Court, I Applying the ratio in the Dato Ong reaching political ramifications in was still a Datuk, awarded to me by Kee Hui’s case, the Supreme UMNO in particular and Malay- the State Governor of Sarawak). Court very likely, would have de- sia in general. This was further clared the election of UMNO Presi- demonstrated by the fact that af- In my view, the hearing of the ap- dent to be null and void by a ma- ter the suspension of Tun Salleh peal would have been all over in jority of 7 to 2. Abas, the Ag Lord President, Tan less than an hour as there was a Sri Abdul Hamid, ordered the binding precedent in the Supreme The legal implications resulting date fixed for the hearing of the Court case of Dato Ong Kee Hui from this declaration would have UMNO 11 appeal to be vacated vs Sinyium (1983) 1MLJ 36. The been as follows: sine die. Court was presided by Tan Sri Lee Hun Hoe, CJ, and the other two a) By Convention, the Yang di- Dato Sri George Seah members were Tan Sri Salleh Abas Pertuan Agong would normally Petaling Jaya

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

Aliran Monthly : Vol.23(11) Page 35 NEW FACE, SAME BODY Continued from page 40 do – even though they personally doings, failings, inadequacies, others, from the Barisan Nasional did not agree with it. This is ludi- injustices and violations against must realize that we are all hu- crous and totally unacceptable. human rights perpetrated during man beings – each with a brain, the time that Mahathir was the a mind, a conscience and a We do not live in a feudal state, prime minister. And as far as the tongue, and it is all right to have whereby all subjects have no ‘public’ record is concerned, I be- a different viewpoint about mat- choice but to follow what the King lieve that Abdullah never once did ters and issues. If one is part of says. We are a democracy – and I oppose what was done during the the Cabinet, and ther Cabinet has believe that when decisions are period when Mahathir was prime made a decision about a particu- made in the Cabinet, the Supreme minister. lar matter, then that decision Council of UMNO and the must be upheld and followed. But Barisan Nasional, each and every Gerakan, a major component at the same time, one can also still member has the right to dissent party of the Barisan Nasional, did have a personal position about and ultimately, the right to vote on at one time - if memory does not matters. any matter of concern. The PM, I fail me - adopt a position that the believe, did not have the power to Internal Security Act (ISA) was The stand taken by Gerakan once veto decisions of the majority. unjust and that the ISA should be with regard to the ISA - it is not repealed even though that posi- certain if they still hold that view Culpable And Guilty tion was contrary to the position - is praiseworthy. In a democracy, of the Barisan Nasional govern- the majority decision is carried out Therefore whatever was done or ment. Now, today, I am not sure and implemented. But the minor- not done is the collective respon- what their position is with regard ity dissenting view is never si- sibility of Cabinet members, to the ISA and other preventive lenced. The minority have the UMNO Supreme Council mem- detention laws. right to continue lobbying for their bers and Barisan Nasional su- views to be adopted if they believe preme body/council members, Rais Yatim, when he was out of them to be right. Who knows, one amongst others. For all good the the Cabinet and working as a day, it may be this ‘minority view’ deeds of the Barisan Nasional practising lawyer, took the posi- that prevails, government, a pat on the back tion that the ISA should be re- should be given and for all bad pealed. But when he later joined It is sad that in Malaysia we do deeds all these persons in posi- the cabinet, he changed his posi- not often enough read about MPs tions of leadership should be tion with regard to the ISA. Why from the Barisan National or the blamed. did he change his mind? If he had different component parties of the changed his personal position af- Barisan Nasional taking a view Remember the Nuremberg trials, ter serious re-thinking and reflec- different from that of the govern- which found the persons in gov- tion, then it is all right. But if the ment and/or even the Prime Min- ernment and other positions of change in position was merely ister. authority, under the leadership of because he was now part of the Hitler guilty of crimes against cabinet, then it is wrong. Later on, The Barisan Nasional still rules. humanity? Hitler was the leader, when he is no more in the Cabinet There is no real reason to cel- but that did not absolve others in or in the government, will he ebrate the departure of Mahathir, position of leadership and deci- again have a change of mind with who, by the way, was not ousted sion-making from culpability for regard to the ISA? Do not be like but left on his own accord, hand- the crimes against humanity com- the ‘lallang’ bending according to ing over the premiership to his mitted during World War II – it where the wind blows; stick to deputy, Abdullah. If a new politi- did not matter much whether they your principles and positions. cal party or a coalition of parties were following orders or not. comes into power, then maybe No Reason To there is a reason to send memo- Likewise in the Malaysian con- Celebrate randums and recommendations text, each and every person, the to the new government and to the first being Badawi himself, is Our ‘leaders’, ministers and new Prime Minister – but not in guilty for all the fumbles, wrong- members of Parliament, amongst this case. q

Aliran Monthly : Vol.23(11) Page 36 ACCOUNTABILITY Can UMNO Wipe Out Corruption? by Fan Yew Teng

wo years ago, the then ing money politics to prevent the TT UMNO President Dr people from losing faith in UMNO TTT Mahathir Mohamad is not enough. urged the party to support the punishment of corrupt How on earth can you curb money members, saying that he had had politics and corruption if con- enough. tracts and development projects are promised to party loyalists or Mahathir was reported to have rewarded on the basis of party af- told an UMNO gathering, “I have filiation? urged, pleaded, cried. This time there is no more urging, no more There are at least three things that pleading, no more crying. I ask for UMNO and its leader can and your support and the support of should do if they are really, really all UMNO members for the action Corruption: Rhetoric or revulsion? serious about curbing money poli- which we will take against those tics in UMNO and the country. engaging in corruption.” cere about it. After all, he has all the powers, hasn’t he? First, make it legally obligatory for On the surface, Mahathir’s words all UMNO officials, from the party on the subject of money politics Bellyache president down to the committee and corruption in UMNO members at branch level, to declare sounded earnest enough, al- What the UMNO leader should do their own financial assets as well though they were not as melodra- about money politics is not merely as those held by their immediate matic as the occasions when he to bellyache about it at big UMNO family members — like wives, cried. meetings once every few years, or sons, daughters, grandchildren for the purpose of making an in- and sons-in-law to the Anti Cor- And yet one must humbly ask tra-party political point, or to at- ruption Agency (ACA). how serious UMNO and tempt to score one against the Mahathir’s successor really are Opposition. One can perhaps This legal requirement of office- now about the need to eradicate concede that as a politician he has bearers to declare assets should money politics from the party. to do one or all of those things then be extended to all office-bear- once in a while. Unless, of course, ers in all other political parties Surely the new UMNO leader, he manages to transcend himself both in the government as well as Abdullah Badawi, who is also the into a statesman in the truest the Opposition, NGOs and statu- country’s prime minister, can se- sense of the word. tory bodies, in order to be fair to riously reduce money politics not everybody and to achieve the only in UMNO but in the whole Merely telling UMNO members highest possible transparency in country, if he is serious and sin- that the party is serious about curb- the land.

Aliran Monthly : Vol.23(11) Page 37 This means that all Cabinet min- Such a serious anomaly involving place it with a Freedom of Infor- isters, deputy ministers, parlia- the prime minister should be rec- mation Act. We cannot be a trans- mentary and political and private tified immediately. I challenge him parent society if transparency is secretaries, Members of Parlia- to do this before he talks again punishable under the law. ment, Chief Ministers and about money politics and corrup- Menteris Besar, State Assembly- tion. Third, UMNO in particular and men/women, State Exco Mem- the government in general must bers, appointed members to city, Second, the ACA should be made do away completely with the un- municipal, town and local coun- a fully and truly independent in- healthy and corrupt practice of re- cils will have to declare their as- vestigative and prosecuting body, warding the spoils of office to sets to the ACA. This should in- and should not be a department party loyalists and faithfuls. No clude all civil servants and judges. under the Prime Minister’s Office. less a person than Mahathir him- As long as the ACA is not fully self has admitted, whether reluc- Any Malaysian who wants to and truly independent but a mere tantly or inadvertently or other- know the financial assets of any department under the jurisdiction wise, that this has been for many minister or any local councillor or of the prime minister, so long will years the practice! a judge or the attorney-general the public perception persist that should have the right to obtain the fight against corruption in How on earth can you curb such yearly updated information Malaysia is not as serious as it is money politics and corruption if from the ACA. officially claimed. contracts and development projects are promised to party loy- Those officials who have nothing And it is not merely a matter of alists or rewarded on the basis of to hide should not and need not the people’s perception, although party affiliation? object to such a rigorous require- it is most important. It is also a ment. Only people who have some- perception by politicians them- Is it any wonder that UMNO is thing or lots to hide would get jit- selves, including of course UMNO sinking in the pond of filthy tery about such a practice. politicians. money politics? As an UMNO Youth leader once admitted, many Anomaly And, if politicians — especially young Malays do not want to join UMNO politicians — continue to UMNO these days because they There is a serious anomaly in the perceive that the campaign see it as a party of corruption. way assets are declared by Cabi- against corruption and money net ministers at present, for in- politics is not as serious as it UMNO started off 57 years ago as stance. Members of the Cabinet are ought to be or officially claimed, a party of sacrifice, courage, prin- required to declare their assets to and that in fact the campaign it- ciples and ideals to help the Malay the prime minister. If, for one rea- self is full of anomalies and flaws, community. The spirit of sacrifice son or another, a prime minister then they can only be fortified by has, to a large extent, evaporated; does not want to question the ill- the ‘don’t worry, be happy’ atti- the principles and ideals have gotten wealth of a minister or a tude. They would feel free to de- mostly disappeared; and what- particular minister who is living vise ways and means to circum- ever courage left is linked to money way beyond his means, the peo- vent existing weak rules and regu- and power - power to make more ple are kept in the dark about it. lations. money to gain more power to make Who benefits and who loses then? yet larger sums of money to ... Thus, the ACA must be made fully Equally serious is the fact that at and truly independent, responsi- Political Will present the prime minister de- ble to Parliament, not the prime clares his assets to nobody. Why? minister. Can UMNO re-invent itself? That Is Caesar above suspicion? The depends on how soon and how prime minister’s assets should be Closely linked to the above re- deeply it is prepared to reform itself declared annually to the ACA, just quirement is the need to abolish like everybody else’s. the Official Secrets Act and to re- And that in turn depends on

Aliran Monthly : Vol.23(11) Page 38 whether it still has the political this. In Chapter 10 on Protector or That money talks will. Last but not least is whether Betrayer in my book The UMNO I’ll not deny. that political will - assuming that Drama: Power Struggles in Malay- I heard it once - UMNO still has some of it left - is sia (published in 1989), I quoted It said “Good-bye”. q buttered with sincerity or yet more Haji Suhaimi Said, a former PAS opportunism. legal adviser as saying, “The pri- vatisation and Malaysia Incorpo- The last part of this arti- And this will only be reflected by rated concepts can be considered cle which appeared in the Abdullah Badawi’s action and as the early burial prayer for last issue of Aliran determination in fighting corrup- UMNO. And when those con- Monthly was inadvert- tion. Of late, he has come on cepts are fully implemented, this antly omitted. The AM is strongly on corruption but how burial prayer can be read for carrying the full text of much of it is rhetoric or revulsion, UMNO.” the article in this issue. only time will tell. I ended the chapter with these For now I would like to leave with lines by one Richard Armour:

A Corrupt regime, for instance, may become extremely repressive because its corruption is about to be exposed. It is not its practice of corruption that makes it repressive but the fear that its corruption will be known. It will, therefore, try to curb and control lawful, legitimate social comment through harsh, repressive measures. This could even lead to the emergence of an authoritarian regime. Indirectly, then, corruption would be partly responsible for the erosion of democratic practices.

Source: Aliran publication, “Corruption” 1981.

A free society is one of the finest checks against corruption. As long as people have the freedom to challenge and scrutinize public policies and political personalities there is hope that those in authority will be a little more wary of their actions. They will realize that since they are accountable to the people they should not transgress certain norms of behaviour.

Source: Aliran publication, “Corruption”(1981)

Aliran Monthly : Vol.23(11) Page 39 POLITICS New Face, Same Body Abdullah Badawi is PM, and Mahathir is no more BUT … by Charles Hector

dullah Badawi is now in the Dewan Rakyat – thus hav- The responsibility for all the ac- the Prime Minister of ing the capacity to amend our tions and omissions under the AAA Malaysia, the head of the Federal Constitution as and when premiership of Mahathir should Barisan Nasional and it chooses. and must be borne by all the mem- the leader of UMNO, and bers of the Cabinet, all the mem- Mahathir has stepped down after Mahathir Was bers of UMNO, all the members of 22 years in these positions. BUT Just One Man the Barisan Nasional component we must not forget that we are still parties and, of course, all you under the Barisan Nasional gov- Mahathir cannot and should not Malaysians out there who contin- ernment. This is something that be held solely responsible for all ued to vote in the Barisan many of us are forgetting. the actions and omissions of the Nasional into power over the Barisan Nasional government. years. Many Malaysians are celebrating Mahathir cannot be held solely as though there has been a change accountable for all those deten- It is wrong and a gross injustice in the ruling party – as though tions without trials and for all to solely blame our good doctor Abdullah is from some other those repressive laws that curtail Mahathir for all the failings and party, who has just come into freedoms and deprives the fullest wrongdoings of the Barisan power. Memorandums containing expression of our rights. Nasional government. expectations of change are being sent. Forums and public discus- He was just one man, and Some say that “Mahathir was a sions are being held. Many are Abdullah was in the Cabinet as dictator”; so, all those in the Ex- hoping for great changes in the the Deputy Prime Minister to- ecutive, the Cabinet, the UMNO policies and practice of the gether with many others. To say Supreme Council and the Barisan Barisan Nasional government. that because Mahathir was at the Nasional component parties had helm, all the others were shack- no choice but to be silent and to We are kidding ourselves because led, their tongues were tied and follow whatever he said and en- the same persons and political they were deprived of the ability dorse whatever he did or failed to parties are still in power, and the to dissent is a joke. Abdullah was Barisan nasional still controls also then the second man in the Continued on page 36 more than a two thirds majority UMNO.

Aliran Monthly : Vol.23(11) Page 40