For Justice, Freedom & Solidarity

For Justice, Freedom & Solidarity PP3739/12/2007 ISSN 0127 - 5127 RM4.00 2007:Vol.27No.5

Aliran Monthly : Vol.27(5) Page 1 COVER STORY Malaysia at 50: Things fall apart? In these trying times, the best sadly lack all convictions, while the worst are full of passionate intensity by Johan Saravanamuttu

s one being dramatic to II quote Yeat’s poem III (which also gave the ti- tle to Chinua Achebe’s celebrated novel) on the eve of the 50th Anniversary of Merdeka in Malaysia? Can one not be for- given for thinking that things are not looking too good and that the Malaysian multicultural nation is fraying badly at the sides? Cer- tainly, one could well surmise in poet’s phrase, that in these times in Malaysia, the best lack all convictions, while the worst are full of passionate intensity.

All too often we have seen this happening. Just to take a mun- dane example, I happened to watch the parliamentary report on television the other night and it was appallingly clear that the deputy ministers and parliamentary secretaries who were responding to queries and questions totally lacked conviction. Turning and turning in the widening gyre Nay, some of them could barely The falcon cannot hear the falconer; read the prepared texts! Their Things fall apart; the centre cannot hold; bosses, the ministers, assuming Mere anarchy is loosed upon the world, they could fare any better, were The blood-dimmed tide is loosed, and everywhere conspicuous by their absence. The ceremony of innocence is drowned; The best lack all convictions, while the worst Lies, damn lies Are full of passionate intensity. and stastistics... W.B. Yeats, The Second Coming (1919). When people who lead the nation lack the conviction or motivation

Aliran Monthly : Vol.27(5) Page 2 EDITOR'S NOTE

Merdeka! Merdeka! Merdeka! In our cover story, as we celebrate and reflect on 50 years of Independ- CONTENTS ence and 44 years of Malaysia, Johan Savaranamuttu wonders whether things are falling apart in the country. In these trying times, the best sadly lack all COVER STORY convictions, while the worst are full of passionate ••• Malaysia At 50: Things Fall Apart? 222 intensity. ••• Slouching Towards 50... 999 In our centre pages, Anil Netto looks at an unusual event that brought together a range of NGOs in FEATURES Penang – a commemoration of the people’s struggle ••• Minimum Wages And Cola Now! 121212 for justice, freedom, socio-economic rights and sus- ••• Workers Prefer Dialogue But... 161616 tainable development. Many who attended the Pesta ••• Pesta Rakyat Merdeka: A New Rakyat Malaysia celebrations were left wondering whether they had witnessed the genesis of a broader, Beginning? 191919 more cohesive civil society movement. We also carry ••• A Different Kind Of Celebration 262626 the opening address by Toh Kin Woon, who ••• ‘Humanity’, Our Shared Conscience 272727 launched the Pesta, and a special Cecil Rajendra ••• The Minister And His ‘Stupid, poem that was recited by a trio at the event. Studpid, Stupid!’ Utterances 303030 One of the items that was highlighted at the Pesta ••• Vialibity Of Bakun Dam Project was the MTUC’s eight-year-old struggle for a mini- Threatened 404040 mum wage. We reproduce the umbrella trade union body’s memorandum to the Prime Minister urging REGULARS him to act quickly to relieve the suffering of workers. K George then looks back at the stance adopted by ••• Current Concerns 292929 successive premiers since 1957 when confronted with a request for dialogue with the trade unions. OTHERSOTHERSOTHERS ••• Subscription Form 383838 Martin Jalleh presents a dossier of contradictory verbal “gems” uttered by the de facto minister of ••• The Amnesty International law, Nazri Abdul Aziz, which readers might find Campaign To Save Darfur 393939 somewhat amusing if not confusing... The elusive Nazri at his best.

In our back cover story, Philip Khoo expresses concern over the establishment of plantations in the 1.5 Published by million hectares Bakun Dam catchment area, which Persatuan Aliran Kesedaran Negara he says will threaten the viability of the project. The (ALIRAN)(ALIRAN)(ALIRAN) Sarawak state government must provide some ques- 103, Medan Penaga, 11600 Jelutong, tions quickly. Penang, Malaysia. Tel: (04) 658 5251 Fax: (04) 658 5197 Email (Letters to Editor): ALIRANALIRANALIRAN is a Reform Movement dedicated to [email protected] Justice, Freedom & Solidarity and listed on the [email protected] roster of the Economic and Social Council of the Email (General): [email protected] 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 Konway Industries Sdn. Bhd. Plot 78, Lebuhraya Kampung Jawa, 11900 Bayan Lepas, Penang

Aliran Monthly : Vol.27(5) Page 3 to do their jobs and instead choose Ho along with the prime minis- member National Unity Panel to abdicate responsibility, it takes ter’s bland comment that those also on 11 July (NST, 12 July). This no rocket scientist to tell us that it who revoked their citizenship time around, the prime minister becomes fair game for ‘the worst’ cannot easily be re-instated. But it made an ‘off-the-cuff’ speech to infest and rule the state with was not long before the Home which evidently showed that he “passionate intensity”. In parlia- Minister Datuk Radzi Sheikh was aware of the precipitous state ment too, ‘the worst’ have evi- Ahmad made a so-called correc- of ethno-religious conflict and ten- dently surfaced with their ‘pas- tion. He said that of the 106,003, sions in the country. He exhorted sionate intensity’ and have done only10,411 were Malays; 86,078 the newly appointed panel mem- their damage with sexist allusions were Chinese, 8,667 Indians and bers to not sweep matters under and crude jokes, just to mention other races, 847. He also added the carpet, even suggesting that one example. And when that hap- that the period concerned was not because of the lack of such due pens, well-meaning citizens may 10 years but 50 years. Is this a diligence there were times when opt to “exit” rather than to “voice” case of the Home Minstry trans- incorrect or bad decisions had their opinions to make the neces- mogrifying into the Orwellian been made. He also hinted omi- sary correctives. They may well Ministry of Truth? Whichever eth- nously that failure to handle ra- reason that much of what they try nic arithmetic we accept, a gov- cial conflict could derail Vision to do would end up being an ex- ernment that is more on the ball 2020 and deprive future genera- ercise in futility. would surely have been deeply tions of Malaysians from celebrat- concerned that this massive exo- ing the centenary of Merdeka. Is one being dramatic again? Con- dus of Malaysians augurs poorly Bravo Mr. PM! But forgive me for sider that between 1996 and April for the future of the country, saying that the mere setting up of this year, 106,003 Malaysians whether they be Malays, Chinese a national unity panel with no real have given up their citizenship. or Indians. teeth or expertise will not rescue Of these, 79,199 are Malays; Malaysians from cascading down 25,107 Chinese, 1,347 Indians Another the slippery slope of a new thresh- and 350 other races. I was jolted toothless body old of ethnic polarisation. when I read this on 11 July 2007 in a statement attributed to Deputy Consider yet another recent devel- Whatever the case, the sudden Home Minister Datuk Tan Chai opment, the setting up of the 55- emergence of this national unity

Datuk Tan Chai Ho: 79,199 Malays have given up their Datuk Radzi: No, only 10,411 Malays have given up citizenship their citizenship

Aliran Monthly : Vol.27(5) Page 4 panel cannot but indicate that much is amiss in this tender 50- year old (or 44-year old if you are Sarawakian or Sabahan) nation of ours. Consider again that it was revealed (by the police) in the first meeting of the panel that there had been 950 ethnic clashes, a 15 per cent increase in the number of these ethnic “fights”, in the past one year (NST, 13 July, ST, 17 July). From the scant report, I could gather little about the character of these “fights” beyond Chairman Maximus Ongkili’s allusion that “70 per cent of the cases started with fights between groups or individuals from different races”. Ongkili: 70% fights between groups Raja Nazrin: Malaysians of all or individuals from different races races, religions, and geographic Despite the paucity of information locations have a place under the about these events, the fact that Malaysian sun many such events have actually perhaps culminating in the Fed- occurred must give us all cause eral Court’s contentious decision Perak throne but also the educa- for thought. to deny Lina Joy her religious free- tional attainment of Oxford and dom, has strained civil discourse Harvard. At the end of the meeting we are to its maximum limits. told that, in typical bureaucratic Let me take the liberty of explor- fashion, the panel created four Refreshing royal ing in some depth the contents sub-committees for religious rela- and message of Raja Nazrin’s tions, economic development, In the face of all of this, it was speech on nation building and education, and social and secu- somewhat refreshing to read the what it may mean for renewing rity matters. The panel has also recent speech by Raja Nazrin our Malaysian political culture, proposed the setting up of an In- Shah, the Raja Muda of Perak, which we all know has of late stitute of Ethnic Relations. A great delivered in early April to the tended to descend to its baser and idea, but is this too little, too late? Young Malaysians’ Roundtable chauvinistic levels. Let me briefly Discussion on National Unity and paraphrase the main points of the We have seen how previous ini- Development, organised by the prince’s speech of which there tiatives - such as the Rukun Bar Council. were seven: Tetangga scheme and the first year ethnic relations course in The Raja Muda has also come into • The importance of the Federal universties - not only tend to be the public eye and into public Constitution, National Ideol- ineffectual but can themselves be prominence not least of all be- ogy (Rukun Negara) and Vi- a bone of contention in ethnic re- cause of his marriage to Zara sion 2020 lations. Many argue that the gov- Salim Davidson on 17 May in a • Recognising and accepting ernment’s current top-down ap- ceremony noted for its minimum ethnic, religious and other dif- proach in handling ethnic rela- of pomp and pageantry and its ferences and rejecting chau- tions at best contains potential parsimony of funding at the vinism conflict rather than tackles deeply bridegroom’s own request. Raja • Seeking solutions through ac- rooted prejudices and tensions. As Nazrin’s actions have won the commodation and compro- we know the incesssant surfacing adulation of many. And it should mise and being prepared to of cases of ethno-religious issues be stressed his deeds and words sacrifice self-interest and events in the past few years, carry not only the pedigree of the • Being open, tolerant and for-

Aliran Monthly : Vol.27(5) Page 5 ward-looking as adumbrated Malaysia, the Federal Constitu- Melayu (Malay supremacy). In- in the nine strategic challenges tion, the Rukun Negara and Vi- deed his act was a re-run of the of Vision 2020 (e.g. mature so- sion 2020 encapsulate the rights, previous year, and such histrion- ciety, caring society, scientific hopes and aspirations of the ics needlessly provoked a society, innovation) population in a way that no other plethora of troubled responses • Building social trust on layers documents do. The integrity of from many moderate Malaysians. of a firm and sustainable foun- these documents must be de- dation fended and promoted, especially Bangsa Malaysia and • Rewarding good behavior and the first. constitutionalism penalising bad behavior with particular reference to the prob- In recent months, some politicians What does it take to re-direct lem of corruption have begun to decry the ‘irrel- Malaysian political culture in the evance’ of Vision 2020 and other trajectory that the good prince has First, it is reassuring that Raja political voices have also tried to pointed to? I’m afraid much work Nazrin has reaffirmed the impor- debunk the value of various con- and social engineering lies ahead tance of the Constitution, the stitutional provisions that put a for leaders in the political main- Rukun Negara and Vision 2020. premium on religious freedom stream as well as for leaders To quote Raja Nazrin: and tolerance. What has been within civil society. For the main- even more disturbing are political stream leadership led by a prime First, Malaysians of all races, reli- developments where race and re- minister much harangued and gions, and geographic locations ligion have been brandished pressured by various Umno fac- need to believe beyond a shadow wantonly for political advantage. tions and the political opposition, of a doubt that they have a place Most spectacularly, an Umno it has to demonstrate a non-non- under the Malaysian sun. Only Youth leader of prime ministerial sense stance and a purposiveness when each citizen believes that he lineage whipped out an un- about the many agendas it has set or she has a common home and is sheathed Malay keris during the itself. working towards a common des- Umno General Assembly in No- tiny, will he or she make the sacri- vember last year to berate his au- First and foremost, the goal of a fices needed for the long haul. In dience about the virtue of ketuanan “Bangsa Malaysia”, envisioned

Government caved in to demands by religious extremits to stop Article 11 forums

Aliran Monthly : Vol.27(5) Page 6 in Vision 2020, which some have Malaysia embeds positive ele- of the police force. The Commis- disparaged, must be brought back ments of Malay culture and con- sion recommended the setting up on track, and race relations must joins it within a democratic fed- of an Independent Police and be put on an even keel. There can eral constitution that guarantees Complaints Misconduct Commis- be little room for tacit or implicit not only personal freedoms but sion (IPCMC) along with another condoning of political types who also the separation of powers of 124 recommendations. Up to this tout the supremacy of race or reli- the legislature, executive and ju- point of time, the IPCMC has region. It was therefore equally dis- diciary. Federalism also puts em- mained shelved and few of the concerting that the government phasis on the decentralisation 124 recommendations have been caved in to demands by religious and devolution of rights and re- implemented. How does one en- extremists to stop the Article 11 sponsibilities to institutions at the courage positive behaviour and forums on inter-faith dialogues in state and local levels of govern- penalise negative behaviour by a the middle of last year. And in ment. These institutional elements lack of action directed at the im- November, it was surely a horren- of political culture need to be con- plementers of the law themselves? dous faux pas to telecast live the stantly reinforced so that the prac- Indeed, the police have been re- incendiary speeches of Umno del- tice of the rule of law is not cently rewarded with a 20 per cent egates at the party’s General As- shunted aside for political expe- pay raise. Much then remains to sembly. Here again, Raja Nazrin’s diency. be done by the mainstream politi- sterling words are most germane: cal leadership if it were to follow .... nation building occurs when Punish corruption the princely advice. society is open, tolerant and for- and ward-looking. So important are abuse of power Every Malaysian’s these values that they are embed- responsibility ded in Vision 2020’s nine strate- Another crucial pointer by the gic challenges, as are those of ma- prince was to reward good behav- As for Malaysian civil society, ac- ture democracy, caring society and iour and punish bad behavior, commodation and compromise innovation. Only by being inclu- which in theory is easy to do, but and self-sacrificing behavior is sive and participative can the vari- in practice highly elusive. In re- increasingly proving to be further ous sectors of our society be pro- cent years in Malaysia, we have from the norm. Malaysian politi- ductively engaged. It follows that seen how certain individuals cal culture, if nothing else, is all forms of extremism, chauvin- have evidently aggrandised founded on a social practice of ism, racism and isolationism must wealth and assets through public compromise and mutual tolerance be guarded against. They must be office. Among these count chief of ‘the other’. Non-compromising soundly sanctioned socially, po- ministers, city councillors or even behaviour peaked when the pro- litically and, if necessary, also le- top officers of the Anti-Corruption posal for an Inter-faith Commis- gally. Agency. Most recently a deputy sion (IFC) in 2005 was scuttled minister has been let off the hook, after vociferous objections by a There are other matters in Raja and the IGP himself has come coalition of 13 Muslim NGOs and Nazrin’s speech that suggest or under investigation by the ACA! a proponent of the idea received a imply certain crucial imperatives It is disturbing to see that a gov- ‘death warrant’ on the Internet. for reinforcing the positive as- ernment which has sworn to act Let me take one final quote from pects of Malaysian political cul- swiftly in dealing with some cases the prince: ture. Chief among these would be has probably buckled under po- constitutionalism. The prince’s litical pressure. I believe fostering national unity speech surely carries the weight is the responsibility of every of Sultan Azlan Shah who, at the In a report of the Royal Commis- Malaysian. However, schools, in- pinnacle of his professional ca- sion on the Police, which com- stitutions of higher learning and reer, was the Lord President of the pleted its work in the middle of sports centres have a very special Malaysian Judiciary. last year under a former Chief Jus- role to play. This is because the tice, it was pointed out that cor- sense of national unity is best in- As a constitutional monarchy, ruption was evident at every level culcated in the young. Through

Aliran Monthly : Vol.27(5) Page 7 Birthday Greetings Happy 50th Birthday Malaysia

You have plenty going for you ...

• Your secular state is going • Your democracy is going • Your religious freedom is going • Your intelligentsia is going away • Your multi-ethnic, multi-cultural, multi-religious so- Raja Nazrin: ...nation building ciety is going awry occurs when society is open, • Your educational system is going downhill tolerant and forward-looking • Corruption at all levels is going up textbooks, sports and interaction, • The personal wealth of so-called leaders is going up educators should eliminate eth- • The lunatic fringe is going strong nic stereo-types. Through the im- • Your future is going ... aginative teaching of the history ~W.O.E. of Islamic, Chinese and Indian civilisation, educators could fos- Score card of a winning nation ter greater understanding among different ethnic groups. • a secular democracy • a participatory democracy On this score, a ray of hope has • a united nation certainly appeared on the artistic • a civic-minded citizenry front. The film director Yasmin Ahmad received accolades and • a genuinely loving and caring society top awards for her film Sepet, por- • a meritocracy traying an inter-ethnic (Malay- • every citizen equal under the law in every way Chinese) romance. This demon- • visionary leaders with civic virtue strates that civil society actors can • good governance — transparent and accountable fashion and affect social dis- • an independent print and electronic media course in a positive manner. • an independent judiciary Yasmin went on to direct two other • an independent election commission films, Gubra, and Muhksin, in 2006 • an independent Anti-Corruption Agency and 2007, both of which have • corruption index — zero won local and international ac- • advanced and progressive education system claim. • good medicare for all citizens The princely pronouncements are • social security for all citizens not only timely for Malaysian so- • clean environment ciety today but given their unas- • good and efficient public transport sailable source, it behoves the po- • public order and low crime rate litical class and civil society to ~Mahu take their message to heart. q

Aliran Monthly : Vol.27(5) Page 8 Slouching Towards ...

After so many years of Independence ..... preaches virtues Has it come to this? of National Unity!

Behind the slogan After so many — One People/One nation — years of Independence ...... each man huddled Has it come to this? in his little warren of race, language, religion ..... ******

After so many Where every proud father years of Independence ...... is a true Green Has it come to this? environmentalist; committed to conservation ****** protection of our eco-system; until he receives With siege mentality his lucrative timber concession. each to each hugs his ethnicity: And every model mother is all for meritocracy This one vows fair-play and scholarship; to preserve the purity until confirmation comes of his mother-tongue; her darling daughter has gained MU admission That one swears thanks to the quota system. to fight to keep his special position; ******

And another threatens Where awards, honours to blow himself up titles fall by the bushel in defence of his religion; on the shoulders of sycophant civil servants ****** self-serving politicians money-grubbing technocrats Each politician & ‘Captains’ of the Industry; at election time while the honest critic perched on an is branded ‘unpatriotic’ ethnic soap-box the public-spirited Doctor pandering deemed an eccentric to the basest & any selfless lawyer, a damn fool! racist sentiments of his constituents; ******

then turning Where every citizen unabashed is judged not to the media by his professionalism character, integrity

Aliran Monthly : Vol.27(5) Page 9 contribution to society; ****** but by the make of his Merz, platinum cards Where once & his big-wig con- there was but one ...... nections with the Council. now a galaxy of Colleges/Universities ****** dot our horizon. A generous, caring people when it comes to giving Doctors, Lawyers to causes/calamities abroad Computer Engineers we dig deep into our pockets Business Administrators rush relief/supplies to troubled pour like Protons spots: Aceh, Lanka, Bam & Bosnia ...... off the conveyor- belt of our institutes Yet are deaf to the screams of highter education. of our next-door neighbour beaten to pulp by her husband; Yes, the business we turn the volume of our of learning has televisions up, stopper our ears; come a long way we do not wish to get since Independence ...... involved, we prefer not to hear. yet, how many of our graduates After so many can stitch together years of Independence ...... one proper sentence? has it come to this? ****** ****** Yes, our legal system has undergone an evolution Yes Malaysia Can since days of colonization ...... construct the tallest towers The humble law court the longest bridges ...... Has been supplanted by a grand Palace of Justice. Yes Malaysia Can hoist two men up Everest But will our Judiciary one across the English Channel ...... continue to be subservient Yes Malaysia can to our Executive? (with a little help from the Royal Navy) Will judges be directed propel a yachtsman to do as they’re told around the world ...... & lawyers muzzled by Acts of Parliament? Yes Malaysia Can (with a little help Will appearance be given from Russian Technology) preference over essence put a man on the moon ...... and the margin of a Writ But the real question is: still deemed more Can Malaysia have clean toilets? important than its substance? Civil, civil servants? A judicious judiciary? Will the Rule of Law An open, corrupt-free society? with rule by law

Aliran Monthly : Vol.27(5) Page 10 continue to be confused? Yet all our development Will our Judges has been vertical (intimidated showy, superficial ...... by extremists) little cultural be fearful & nothing spiritual. to uphold our Constitution? ****** Talking global With bated breath acting provincial; a nation awaits Preaching harmony the twists & turns practicing bigotry; of our Law’s still whispering evolution/devolution. behind closed doors the old prejudices; ****** about this Chinese Thanks to the Super sundry-shop owner Multimedia Corridor being so mercenary; our children about that Malay are computer savvy Datuk being so lazy; wise to all the fashion trends about this Eurasian in London or Paris musician who’s mixed-up & crazy; but I haven’t and that Indian an elementary gardener who’s grasp of honour always, always tipsy. hygiene or history. ****** Contemptuous Yet, once a year of their elders Hari Raya, Christmas oblivious Chinese New Year to the welfare Deepavali ...... & rights of others with outstretched arms they are forever and botox smiles in your face opening our doors strutting to all and sundry. ‘their stuff’ in malls After so many & on highways ...... years of Independence ...... which raises has it come to this: another question: are we spawning Has all our evolution a generation been into a Nation of barbarians? of Open Houses and closed minds? ****** We sprint After 50 years from ‘under- of Independence developed’ Has it come to this ...... to ‘developed’ ...... from agricultural Cecil Rajendra to industrial ...... 1957-2007

Aliran Monthly : Vol.27(5) Page 11 WORKERS’ RIGHTS Minimum wage and Cola now! The government has awarded hefty pay hikes to civil servants, but private sector workers have been forgotten. The MTUC is proposing a minimum wage of RM900 and a cost of living allowance (Cola) of RM300 by Syed Shahir bin Syed Mohamud and G Rajasekaran

• Johor Bahru – RM286 to 450 Fighting poverty • Bayan Lepas FTZ Establishing a minimum wage may posi- • Prai FTZ – RM364 to 426 tively affect employment and industrial peace and is a means of fighting poverty. Collective agreements in the Non-Metallic Mineral States have a major role to play in this and Products Industry have established minimum wages certain conditions have to be met. One of between RM400 and RM550 per month. Even in them is social dialogue. Johore Bahru, where the cost of living is extremely ILO -2002-2002ILO high, industrial workers are paid as low as RM390 while the wages of better-paid workers do not ex- ceed RM600. Even five-star-rated hotels in Kuala he workers’ contribution to the country’s Lumpur pay a basic wage of RM290 per month to TT economic growth and national develop- cleaners and waiters. TTT ment as well as their cooperation in maintaining industrial peace have received the The government has repeatedly dismissed the government’s recognition and appreciation. Yet, a MTUC’s persistent demand for a minimum wage significant proportion of wage earners in the coun- legislation by merely stating that market forces and try remain poorly paid and are denied the basic ne- demand and supply will determine the minimum cessities of life. The vast majority of these workers wage rates and that employers who fail to pay a fair are unskilled and remain outside the coverage of wage rate will not be able to attract sufficient work- trade union membership. ers to meet their requirements.

Wages of those represented by trade unions are no Unfortunately, the government, while rejecting the better. MTUC’s call for a minimum wage legislation, has intervened and flooded the country with millions of Despite huge profits (earned by plantation firms), migrant workers, with low wages and poor work- the basic wages of plantation workers throughout ing conditions. The MTUC sees the government’s the country remain below RM400 per month. Tex- action as a deliberate attempt to suppress wages. tile and garment workers represented by trade unions are paid:- The MTUC sees the recent record 35 per cent salary increase and a 100 per cent increase in the cost of • Kangar, Kulai – RM366 living allowance (Cola) for public sector employees • Kluang – RM353 as a significant first step taken by the government to • Labis, Segamat, ensure that workers, especially those in low-wage Tangkak, Jementah – RM332 categories, are assured of a decent living. Reports

Aliran Monthly : Vol.27(5) Page 12 on the (favourable) reaction from public sector em- The MTUC’s proposal for ployees and their families on the positive impact on a minimum wage of RM900 their living standards show that the record pay rise is justified. It is interesting to note that even the stock Although the RM900 minimum monthly wage was market has responded positively. based on a study carried out on the cost of living in early 2000, the MTUC General Council decided to In the past, the government cited the globalisation maintain the proposal. process and the need to remain competitive as a major reason to keep wage levels low. Currently, the Employment Act, which sets minimum conditions on annual leave, sick leave, public holidays, working hours and a few other terms and Fundamental ingredients conditions, is silent on the basic and most essential There is an undeniable correlation between issue of wages. Absence of a specific provision on insecurity on the one hand, and the quantity wages has led to widespread exploitation. The Em- and quality of work that is “available” and ployment Act 1955 should be amended to stipulate within the reach of the majorities on the a minimum wage of RM900. other. Less work means lower labour costs and less spending on social protection, but Minimum Living Wage also fewer consumers. Who will consume the national or international products of this or Minimum wages constitute an integral and a very any other globalization? Who will have the important element of the trade union movement’s capacity to save and hence foster future fi- holistic approach towards creating, sustaining and nancing and development? How will people improving the quality of live of our workers. resist the fast-yielding criminal economy, when all the other forms of economic activ- The MTUC’s proposal is based on the essential and ity do not manage to satisfy even the basic basic needs of a single person: necessities? ILO – On Social Protection We do not believe that any reasonable person will dispute a worker’s right to the most basic elements listed. There is no justification for the government to further delay the passing of minimum wage legisla- Government intervention is necessary to sustain the tion to be applicable to all workers. By enforcing a living standards of lowly paid workers. The mini- decent minimum wage, the government will be able mum wage represents a basic requirement and a to attract more Malaysian workers and reduce the good way of improving the standard of living of the dependency on foreign labour. lowly paid and their families. The minimum wage

Decent work as a productive factor Probably the clearest link between social efficiency and productivity is found at the firm level. Enterprises have been showing that what makes work decent can also pay economic dividends. A substantial body of research shows positive effects of wages on productivity. Social dialogue in the workplace is a source of increased commitment and worker productivity. Various enter- prise-level studies show the positive influence of profit – sharing, job quality and worker partici- pation in decision making on worker attitudes, motivation and productivity. Management mod- els developed in the retail sector in the United States, for instance, suggested that improvements in employee job satisfaction and commitment were the key to increases in customer satisfaction, and applying the model led to substantial increases in sales. ILO – Reducing The Decent Work Deficit

Aliran Monthly : Vol.27(5) Page 13 is, furthermore, a way of protecting vulnerable work- From the employer’s point of view, paying a ers who are often subjected to exploitation. It is also minimum wage may increase productivity a means of redistributing income. in three main ways: by minimising shirking, Poverty led to reducing labour turnover and contributing to Kampung Medan clashes social peace. Firstly, the minimum wage is a way of raising productivity by motivating workers. We wish to draw the Prime Minister’s attention to a Secondly, uniform wages, such as the recently published report on a study carried out by minimum wage, contribute to reducing la- University Utara Malaysia into the cause of the bour turnover, which can be very costly for Kampung Medan clashes in March 2001. (NST, 14h firms.firms.firms. May 2007) Thirdly, the minimum wage strengthens social cohesion and is a way for employers to ensure social peace by avoiding conflicts. To have national unity, order must come ILO – Fighting Poverty first. We need to aim for zero conflict. But to have zero conflict we must solve the prob- lem of poverty. A strong government policy was needed to tackle poverty – Dr Mansor Mohd Noor Deputy Dean UUM For governments, a major purpose of the minimum wage is certainly to contribute to alleviating poverty. The minimum wage The majority of the Kg Medan families are wage earn- can act as a social safety net in countries ers working as production workers in factories in where social security is as yet little devel- Petaling Jaya, Sungei Way, Subang and Shah Alam. oped. Governments have also used the A quarter of the Malays and 45 per cent of the Indi- minimum wage to redistribute income in ans who participated in the survey said they had to society, to promote productive employ- resort to lower quality foods, owing to the high cost ment and to enhance demand-driven of food. About 22 per cent of the children said they growth. In developing countries, the mini- had to go to school without breakfast; 43 per cent mum wage is often at the core of social said they had to go into debt to raise enough for a dialogue. Removing it may amount to se- basic living. riously damaging the quality of social dia- RM300 Cola for private logue.logue.logue. sector employees ILO – Fighting Poverty Following the highest increase in the price of petro-

Aliran Monthly : Vol.27(5) Page 14 Aliran’s 30th anniversary celebratory dinner Be part of the struggle for a better Malaysia

nvitation cards for our 30th anni- table. You may also sponsor a table if you versary celebratory dinner in cannot actually attend the event. III Penang on 2 September are now available. Could you help us to pass the word to your friends and relatives especially those Our dinner this year features the well- whom you know have traditionally been known Instant Cafe Theatre Company. The supportive of our work. last time they performed for us, they nearly brought the house down! The Aliran Sing- If you are in Klang Valley, you may con- ers will also be making a special appear- tact Sarajun at 019-545 1904 or Subra at 016- ance. 4546876.

You are welcome to join us. Each table If you are in Penang, you can contact the would require a minimum donation of Aliran office at 6585251 during office hours, RM600 to cover costs, which works out to Tuesday-Saturday. RM60 per person. We are also allocating tables for those of you who might want to A friend of Aliran is a friend of the peo- donate RM5,000, RM2,000 and RM1,000 per ple.

leum products last year, the government paid out There is no justification to exclude more than 8 mil- RM150 in Cola to public sector employees from Janu- lion workers in the private sector We therefore seek ary 2006. Unfortunately, the majority of the employ- an urgent meeting with you to discuss this pressing ers in the private sector refused to consider any form issue. q of relief.

Since then, the cost of daily needs, especially food items, has increased by more than 30 per cent. The government can only impose price limits on controlled items. Traders fix the price of vegetables, fish, food and other items based on their costs and profit requirement.

The government, despite being aware of its limita- tions, continues to mislead the public, stating that action will be taken against traders who raise prices. Syed Shahir bin Syed Mohamud is president of the MTUC while G Rajasekaran is secre- The MTUC believes that the government must have tary general. The above was a memorandum carried out a careful and in-depth study on the cost addressed to Prime Minister Abdullah of living and its implications on wage earners be- Badawi which they both signed on behalf of fore its decision to pay Cola of RM300 to public sec- the MTUC.MTUC.the tor employees.

Aliran Monthly : Vol.27(5) Page 15 LABOUR Workers prefer dialogue but...... what are they to do when one Prime Minister after another repeatedly denies them their just and reasonable demand for a minimum wage? by K George

wish to refer to the gether at his home. II Datuk Seri Najib Tun III Razak’s statement on 26 As far as Tun Hussein Onn June 2007 pertaining to (Najib’s uncle) was concerned, the nationwide picketing organ- there was no difficulty for the ised by the Malaysian Trades MTUC leaders to meet him. Here I Union Congress (MTUC) the pre- must mention that a number of vious day. Najib’s advice to trade Cuepacs leaders were also MTUC unions is to resolve problems ami- leaders. cably. Now the fourth Prime Minister, I was deeply involved in trade Dr. Mahathir Mohamad, told the Tunku: All the money is with the Finance Minister... I will try to union activities for more than 35 MTUC in response to a request to persuade him. years. Even now I keep in touch meet him: “I have nothing to offer with the MTUC and even Cuepacs. you and so I don’t want to waste The leaders of these organisations your time!” are committed to dialogue in solv- ing issues and problems. It is an He also had a field day persistently established practice that no dia- criticising the MTUC. He even went logue can commence with one so far as to support the setting up party alone. of rival organisation known as the Malaysian Labour Organisation Recollections (MLO). Fortunately for the labour movement, it did not take long for Let me put in writing some of my MLO to go out of existence. recollections. The first Prime Min- ister had never ever refused to Mahathir’s deputy, Datuk Seri meet the MTUC leaders. He Anwar Ibrahim, however, main- would jokingly tell us, “All the tained very close rapport with the money is with the Finance Minis- MTUC. He was wise enough to Khir Toyo: Minimum wage will prevent foreign investment ter (Tun Tan Siew Sin); anyway I recognise that the MTUC was an prevent foreign investment will try to persuade him.” organisation championing the cause of the working people irre- changed his mind. The MTUC re- Tun Abdul Razak had insisted on spective of race, religion, caste and ceived a call from the PM’s office maintaining a mutual relation- creed. asking the leaders to attend a meet- ship. Occasionally, he would in- ing with Mahathir, which was vite the union leaders for a get-to- All of a sudden in 1998 Mahathir held in August 1998. You may

Aliran Monthly : Vol.27(5) Page 16 ask me the reason for Mahathir’s is the mildest form of protest. It waged a relentless struggle for apparent change of mind. Well, he lasts just a couple of hours - usu- minimum wage for more than 44 was preparing the ground for get- ally lunch time or just before clos- years. Occasionally, the matter ting rid of Anwar and teaching ing for the day. Foreign investors used to be raised during the tri- him a lesson. are not normally scared of picket- partite meetings of representa- ing. Within the first five months tives of the government, employ- Enter Datuk Seri Abdullah of the year, the manufacturing sec- ers and trade unions but the issue Ahmad Badawi in Putrajaya as tor alone attracted RM25.5 billion was never addressed seriously the fifth Prime Minister on 31 Oc- foreign investment. They come and was allowed to drag on frus- tober 2003. In keeping with the and invest because wages are rea- trating the workers. practice, the MTUC addressed a sonably low and the trade unions letter to Abdullah, the new Prime have never been a threat for a The RM900 figure Minister requesting for a meeting number of years now. three years ago. Subsequently The sum of RM 900 as minimum three reminders were sent but While it is all right for the govern- wage was proposed in August there was no response whatso- ment to provide reasonable facili- 1998 when Mahathir met the ever. A memorandum was also ties to foreign and local employ- MTUC leaders at the meeting submitted proposing a minimum ers, there must also be sufficient called for by him. At that meet- wage of RM900 per month many protection for local workers so that ing, Mahathir surprisingly main- months ago. Again there was no they will not be exploited. But too tained that RM 900 was not reply. Haven’t you heard often our workers are exploited enough for an average family of Abdullah emphasising the impor- simply because they are not al- five persons to survive for a tance of an efficient delivery sys- lowed to be unionised. month. Instead, he proposed that tem? You can now well imagine the minimum wage should be how efficient the delivery system Addressing this year’s May Day RM1,200. His excuse for not im- is in the Prime Minister’s depart- rally in Putrajaya, the Prime Min- plementing his proposal of ment! Is it any wonder that the ister praised the workers. He said, RM1,200 immediately was the fi- delivery system is no better in the “The workers in Malaysia are an nancial crisis at that time in Ma- rest of the country? asset”. In my recent article on laysia. But when the economy May Day, I, as an ex-trade union- started to improve gradually, The struggle for a minimum wage ist, expressed my appreciation for Mahathir left the scene in October is a long one stretching over many the Prime Minister’s high regard 2003 without resolving the mini- decades. And when there was no for workers. mum wage issue. indication that this issue was going to be viewed sympathetically, Now that the Prime Minister has In the meantime, a few months the MTUC staged demonstrations proposed negotiations on the de- after the August 1998 meeting to push for the implementation of mand for a minimum wage enact- with Mahathir, the then president the minimum wage. ment, I am happy to mention that of the MTUC, Zainal Rampak was the MTUC president told me that offered a senatorship which he Mildest form he and his colleagues are waiting accepted without any consulta- of protest for an appointment with the PM. tion with his own union or the Bro. Syed Shahrir, the president, MTUC. May I also mention that Abdullah on returning from a said that since the issue is very the Malaysian union leaders had honeymoon-cum-official visit to a important, the MTUC wishes to a long time ago accepted an un- few countries on 26 June 2007 meet the PM face to face. written understanding that they commented on the picketing or- would not accept “pangkats” ganised by the MTUC by claim- Numerous nations – both devel- (honorifics) such as Datukships, ing that foreign investors would oped and developing - have Tan Sris, and appointments as be reluctant to invest in Malaysia. adopted a minimum wage legis- senators from the government in lation. It must be emphasised that order to maintain their credibility I should emphasise that picketing the MTUC is on record for having as workers representatives fight-

Aliran Monthly : Vol.27(5) Page 17 ing sincerely for the welfare of the unfortunate situation in Malaysia based on actual salary. workers without giving any im- is that union protection is not pression that they could have largely available. Not even 10 per Finally, a minimum wage law is compromised themselves. cent of the workers in the private usually applicable nationwide, sector are members of trade un- not based on industries or on the I asked the MTUC as to why they ions. It is a fact that both local cost of living in certain states or stuck to RM 900 and did not take and foreign employers would try regions. Such problems could be up the suggestion of Mahathir their best to deny their workers taken care of by introducing spe- which was RM 1,200. The answer their right to membership of a un- cial allowances and/or other fa- was straightforward and con- ion. The government connives cilities on a temporary basis. vincing: “It is the first claim sub- with them by closing one eye. mitted to the government after There are also employers who try Low-wage Abdullah became the Prime Min- their best to discourage their work- developed state? ister.” ers from becoming members of trade unions, in spite of the fact As I was about to conclude this Unscrupulous that it is illegal to do so. piece, I came across a press state- employers not happy ment by the Selangor Menteri Let me come back to the workers Besar. He said that the introduc- I understand from reliable sources who get RM1,000 a month. Some tion of a minimum wage will pre- that the majority of employers do unscrupulous employers will vent foreign investors from partici- not want a Minimum Wage Act cheat the workers by preparing a pating in Selangor’s anticipated enacted not because the proposed pay slip stating that the basic sal- new business enterprises. Khir RM900 is too high a wage. Then, ary is RM300 for example and the Toyo is a Tan Sri and a doctor. what could be the reason? remaining amount of RM700 will Does he know that a minimum be listed as allowances for over- wage is neither a super wage nor Well, all private sector employees time, transport and for working a fair wage? You are on record as are entitled under the law to EPF on weekends and public holidays having declared that Selangor is contributions from their employ- etc. Thus the EPF contribution by a developed State in a developing ers at the rate of 12 per cent of their the employer is based on RM300 nation – Malaysia. If that was the basic salary while the employees rather than on the actual pay of the case, then you must follow the themselves contribute another 11 RM1,000. As a result, the employ- wage structure of our nearest per cent of their basic salary. Both ers’ contribution is drastically re- neighbour, Singapore. But will contributions must be sent to the duced to RM36 instead of RM120 you set the example of a developed Employment Provident Fund of- and the workers contribution is state for others to follow? fice monthly. This is a form of re- reduced to RM33 instead of tirement benefit fund to enable RM110. In other words, the work- Malaysia is by and large a rich workers to retire with reasonable ers lose out RM84 per month in nation with petrol, gas, tin mines, savings to carry on with their life the savings account for their old palm oil, rubber and, over and with peace of mind. For example age. Of course, the employees con- above that, foreign investments. if your basic salary is RM1,000 a cerned could report this matter but Corruption, misappropriation, in- month, the employer must contrib- they would not because they competence, inefficient manage- ute 12 per cent, which is RM 120, would be afraid of losing their jobs ment and money politics have and the workers should contrib- as a consequence of their action. been eating away our wealth at ute 11 per cent, which is RM110, the expense of the poor workers from their salary, making a total If there was a minimum basic who contribute tremendously to- of RM 230 savings a month (plus wage, the employer cannot play wards the development of this interest). with the figures but will be forced nation. to calculate not only the EPF con- When the workers are protected tribution but also any payment for It is time we protect the interests by trade unions, the law is strictly overtime and for working on of workers who generate growth followed but the most pitiable and weekends and public holidays and enrich the country. q

Aliran Monthly : Vol.27(5) Page 18 PESTA RAKYAT MERDEKA Pesta Rakyat Merdeka: A new beginning?

An unusual event that brought together a range of NGOs in Penang left many wondering whether they had witnessed the genesis of a broader, more cohesive civil society movement by Anil Netto

t took weeks of hard II work and endless III rounds of planning meetings. In the end it was all worth it as the Pesta Rakyat Merdeka left a lasting im- pression on those who were a part of it.

A group of 25 civil society groups had harnessed their resources and come together on 24 June 2007 for a most meaningful celebration to mark 50 years of Merdeka and 44 years of Malay- sia.

Held at the foyer of the venerable Dewan Sri Pinang auditorium, the inaugural Pesta Rakyat Merdeka had something for everyone – a civil society exhibition, musical, dance and cultural performances, a forum and films, and a “soapbox” for activists to highlight their causes. Some 200 people turned up for the launch while waves of others – old and young, of all ethnic groups, including migrant workers – came and went during the day.

Dato’ Toh Kin Woon, a Penang

Aliran Monthly : Vol.27(5) Page 19 state executive council member who has been supportive of the role of civil society groups, opened the event (see his accompanying opening address). This was followed by a captivating performance by a young dance troupe from the Temple of Fine Arts, in- terweaving the cultures of the main ethnic groups into a mes- merising tapestry of colour and music. A truly outstanding Malaysian performance.

A whole range of pendent and critical books that poverty line wages and high- causes are rarely seen in Malaysian book- lighted the MTUC’s eight-year shops. long campaign for a minimum Toh then officially opened the ex- wage (see MTUC’s memorandum to hibition, which depicted some of A people’s walk Prime Minister Abdullah Badawi the human rights struggles that through history inside). the groups were involved in. Among them were campaigns to While the exhibition continued, Something for abolish the ISA and the UUCA some of the crowd made their way everyone (University and University Col- to a forum inside themed ‘Mile- leges Act), the gender equality stones of Penang’. The forum, ca- After the forum, half a dozen in- campaign as well as the struggle pably moderated by Tan Pek Leng, dependent films, including in support of migrant workers, looked at independence and what award-winning ones, were disabled persons, those with HIV it has meant for ordinary people, screened looking at a range of is- and AIDS, and other with a particular focus on Penang. sues from the Broga incinerator marginalised groups. The Penang (Alice Lives Here) to the plight of Bar also set up a booth to raise Historian and author Cheah Boon refugee children (The Invisible awareness of the services pro- Kheng spoke about the early poli- Children). The others were Paradise vided by its Legal Aid Centre. tics and local elections in Penang. Bus, Twelve 11, The Tapper and the Political scientist Johan Law, and Sustainable Penang. Co- Environmental groups also made Saravanamuttu touched on the incidentally, soon after the Pesta, their presence felt. Exhibits high- fragile state of ethnic relations the government announced the lighted people-centred agriculture and other conflict areas over the scrapping of the Broga project af- and the anti-pesticide campaign, years since Independence (see ter a sustained civil society cam- the struggle to preserve the local cover story). Conservationist paign had hounded the project environment and heritage, and Ahmad Chik, a Penang Heritage proponents. the recycling campaign, which Trust committee member, then included practical tips to achieve took us on a fascinating pictorial While the films were being ‘zero waste’ at home. The tour of heritage conservation ef- screened, NGO activists took Tanjung Bungah Residents Asso- forts in Penang. turns to speak about their work in ciation raised concern over hire- the foyer outside. Their talks rise projects, hill cutting and Rounding off the forum was raised awareness not only among beach-front encroachment. MTUC Penang Division chairman the public but also among activ- Abdul Razak Abdul Hamid. He ists themselves who may not have Many flocked to check out the spoke passionately about how the been familiar with the work of Gerakbudaya booth, which put on process of industrialisation has their counterparts in other NGOs. sale a range of alternative, inde- left many workers earning sub- One of the speakers, Noorlaila

Aliran Monthly : Vol.27(5) Page 20 much more than “founding fa- thers”, politicians, official sym- bols, and political independence.

Rather, the Pesta was all about highlighting the people’s ongoing struggle for justice, peace, and lib- eration over the years – a silent struggle that has been largely downplayed. This was a different kind of patriotism - a more authen- tic kind of loyalty and pledge of allegiance to the cause of justice and freedom in our land.

The adage “It’s not the destina- tion that matters, it’s the journey” Othman, the wife of an ISA de- on 50 years of independence and couldn’t have been more apt. in tainee who has been detained lamented the sorry state we are in. describing the build-up to the since 2002, had the audience event. More than the actual event, hanging on to her every word as The father-and-son duo of “sing- it was the process of collaborat- she tearfully implored them to ing professor” Johan ing in the planning that created a consider the suffering this oppres- Saravanamuttu (on guitar) and sense of camaraderie and unity of sive law has caused not only to his son Adil (on the sax) held the purpose among the civil society the detainees but to their families audience spellbound with poign- activists involved. From a hand- as well. ant songs including the hit ful of NGOs, the organising team ‘Pukul Tiga Pagi’, describing the gradually swelled to a couple of Musical and cultural perform- terrifying knock on the door in the dozen public interest groups in- ances punctuated the soap-box early hours of dawn during an volved in a broad range of issues presentations. A youthful nasyid ISA crackdown. A silat perform- as the big day drew closer. group captivated the crowd with ance capped the day’s proceed- their soothing renditions, spe- ings. Each organisation sent a repre- cially chosen to fit the Merdeka sentative or two to participate in theme. Migrant workers from The journey the organising committee meet- Flores and Sumatra, their faces lit ings. Interestingly, this committee with the joy of being part of the The whole idea of the Pesta was had no leadership and operated event, took to the floor and intro- to remind people that Merdeka is as a collective in which all sug- duced their lively local dances to Malaysians.

Choirs from the Persatuan Seni dan Kebudayaan Pulau Pinang (Penang Culture and Arts Asso- ciation) and the Persatuan Kebudayaan Rakyat Pulau Pinang (Penang People’s Cultural Association) joined forces in a harmonious blend of voices.

A trio recited a Cecil Rajendra poem (see inside), which reflected

Aliran Monthly : Vol.27(5) Page 21 gestions were presented at the meetings and either collectively endorsed or vetoed. More pluses than minuses

In line with the Merdeka spirit, the organising committee was keen to ensure that the event was self-fi- nancing – without funding from any external foundation or funding agency. Most of the participating NGOs contributed a few hun- dred ringgit each and the expendi- ture was kept well within the budget. All the cultural troupes, speakers at the forum and NGO volunteers provided their services voluntarily.

Remarkably, the event even generated a small surplus – despite free food being provided to all present during the Pesta!

Sure, the Pesta had a host of shortcomings including a lack of publicity. Some participants found it hard to choose between the con- current events. Still others did not have any idea about the programme.

But the positives outweighed the negatives. For the first time in Penang, 25 public interest groups had come together to organise an event that celebrated their work and built on existing networks. Social activists, previously con- fined to their own specialised areas of interest – as well as the public, on the day of the event itself - had the rare opportunity of inter- acting with the people behind the various NGOs.

The event also revealed that the civil society movement is alive and flourishing, with some

Aliran Monthly : Vol.27(5) Page 22 groups infused with young blood. voluntarism on display stood in If this same event had been at- stark contrast to the kiasu (me first) tempted in Penang, say, 20 years mentality so prevalent in society ago, perhaps it could have only today. counted on at best half a dozen established public interest The commonly expressed hope groups. To have 25 groups now was for the Pesta Rakyat working together is testimony to Merdeka to become a regular fea- how far down the road civil soci- ture of Independence celebra- ety has come. It is hoped that even tions and to build on what has more residents’ groups will follow been achieved. If the Pesta has in the footsteps of TBRA and col- opened more eyes, strengthened laborate with other civil society existing networks, harnessed re- groups. sources and rejuvenated droop- ing spirits, then it has been a A more resounding success. Together, compassionate we can build a more just and world compassionate world. q

The sheer breadth and range of NGO concerns on display at the Participating NGOs: Pesta also revealed the underbelly of our corporate-driven neo-lib- 1 . AIDS Action & Research Group (AARG) eral model of economic growth 2. Abolish ISA Movement (GMI) and development. 3. Aliran Kesedaran Negara (ALIRAN) 4. Amnesty International (AI) Penang It is a model that has left a trail of 5. Citizens for Public Transport (CEPAT) destruction and oppression in its 6. Gerakbudaya wake - from environmental deg- 7. Gerakan Mansuhkan AUKU radation, to pesticide poisoning, 8. Green Crusaders to repression and the denial of 9. Oppressed People’s Network (JERIT) basic rights, to the 10. Jamaah Islah Malaysia (JIM) marginalisation of communities. 1 1 . Pusat Komunikasi Masyarakat (KOMAS) It has widened the gulf between 1 2 . Legal Aid Centre (LAC) & Human Rights Sub- the rich and the poor while en- committee of the Penang Bar trenching in power a close nexus 1 3 . Malaysian Nature Society (MNS) of political-corporate vested inter- 14. Malaysian Trades Union Congress (MTUC) ests. The effects have been disas- 1 5 . Penang Heritage Trust (PHT) trous, leaving many communities 16. Han Chiang Alumni and segments of society suffering 17. Pesticide Action Network - Asia Pacific region in silence. (PAN AP) 18. Persatuan Orang Cacat Malaysia (POCAM) At the Pesta, activists shone a 19. Penang Office for Human Development (POHD) light, providing an alternative vi- 20. Save Ourselves (SOS) sion of society – one based on jus- 2 1 . Suara Rakyat Malaysia (SUARAM) tice, freedom, compassion, soli- 22. Tg Bungah Residents Association (TBRA) darity, and environmental stew- 23. The Freemedia ardship rather than one driven by 24. Women’s Centre for Change (WCC) materialism, avarice, corruption 25. World Alliance for Breastfeeding Action (WABA) and reckless destruction of the environment. The spirit of

Aliran Monthly : Vol.27(5) Page 23 Some reactions from those present:

pecially touched by the concern expressed by other groups and they were particularly attracted to the Legal Aid Centre’s booth.

Ruth Mary Paul Migrant Workers Support Centre Q Q Q Q Q Merdeka spirit

The event revealed that a lot of groups are involved Touching event in struggling for human rights. I think it is a good It was a good platform to express the feeling of the symbol of the Merdeka spirit to see all these groups ISA victims since all channels of information to high- fighting in the interests of the public such as the light the cruelty of the ISA have been blocked by the campaign against the ISA and the AUKU, those mainstream media. It really touched my heart be- trying to save the environment, those trying to up- cause I had the chance to share my grief with others hold the rights of the disabled, as well as the AIDS and to tell them that the struggle to abolish this cruel group. Act is still going on. Syed Ibrahim Syed Noh Norlaila Othman Chairperson ISA victim’s wife and member of the Family Support Abolish ISA Movement (GMI) Committee of the Abolish ISA Movement (GMI) Q Q Q Q Q Q Q Q Q Q Fun event

Educational experience Congratulations on the wonderful and fun event! It was a very enjoyable and educational experience. Komas’ journey to and fro Penang was smooth, and I realised how little we actually know about what it was a good experience to meet up with most of our other Penang NGOs do. It was great to be doing northern comrades. something as the NGO community and not just on our own. Hope to see you all at the 50-44 Merdeka coalition celebrations (in KL) in Sept! (see www.50-44.org) Everyone made a great contribution, especially the Looking forward to another fantastic event together! soapbox speakers and performers. We’ll probably want them back again, may be next year? Mien Lor Program Coordinator Wonderful for a first time try. Komas Q Q Q Q Q Angeline Loh Aliran executive committee member Rakyat’s aspirations missing

Q Q Q Q Q The rakyat’s message and aspiration of Merdeka did Migrant workers happy not come out at all. The part about heritage was out of place, same with the topic on foreign workers... I “The migrant workers were very happy with the would have expected a clear-cut alternative inter- event because it was their first experience meeting pretation of history i.e. our labouring/non-politi- with other NGOs. The Myanmar workers were es- cians’ perspective of Merdeka.

Aliran Monthly : Vol.27(5) Page 24 Not enough publicity, either. Nonetheless, a superb the best of both. effort that should be promoted. Keep it up. Having said the above, I must hasten to add that I YT Chia enjoyed myself as I learnt a lot that day. I was happy to know that there were so many good people giv- Q Q Q Q Q ing their time and energy to improve the lot of oth- Synergistic and joyful power ers, and proud that many amongst them were my friends. The Merdeka pesta was magnificent. It’s been a long time since I felt the synergistic and joyful power of The moderator was good - brief and direct, articu- Malaysian civil society sharing their concerns and late, cool and kept good time. their services in a forceful and creative way. Nathalie Chia The exhibits, songs, the poetry and the forum were great. The food was generous but perhaps we can Q Q Q Q Q ‘think healthy’ next time and serve only fruits and Collaborative work juices. And an excellent bookshop on titles for progressive thinking was most welcome. What struck me was the way the rakyat made their views heard in such a collaborative manner. The Perhaps the Pesta should become an annual event, presentation of the history of Penang at the forum and grow and grow. A healthy democracy can only provided a good view for those present. It is a view come with a vigorous, assertive and constructive that is not widely known in our history books espe- civil society. The organising groups should be con- cially regarding May 13 and the people’s history of gratulated for the special solidarity event. Malaysian Penang. These views and voices should be consid- civil society, especially that of Penang, has a world ered by the authorities. reputation. This Pesta demonstrated it again. Mohd Rashid Hasnon Anwar Fazal Head of Jamaah Islah Malaysia (JIM) Penang Chairperson Emeritus, World Alliance for Breastfeeding Action(WABA) Q Q Q Q Q Subdued message Q Q Q Q Q Shortcomings but enjoyable It was a varied and multi-segmented programme with many things happening concurrently. The Congratulations for the successful organisation of structure of the program sequence needs to be better an enjoyable and informative day. coordinated.

I would, however, have been able to plan my day I found the morning forum to be educational but better if I had known - that refreshments were avail- somehow the intended message did not emerge able from 10 am and that that there was another through the four speakers. The link to Merdeka and programme running parallel to the film shows the lessons to be learned were subdued. The partici- The above information was not featured in the pub- pation level from the floor also left much to be de- licity leaflet. sired, me included.

While watching the film shows, I discovered from With so many programmes going on that day, which the ‘noise interference’ (quite bearable) that there item was meant to be the centre piece? was a “live” show running concurrently outside in the foyer. I would have been able to choose among I also felt that the publicity for the programme was the many attractive programmes if I had had the not felt and that’s a big minus. programme with me. As it was, I ran in and out from the film show hall to the concourse trying to catch S H Low

Aliran Monthly : Vol.27(5) Page 25 PESTA RAKYAT MERDEKA A different kind of celebration The Pesta is about the people’s struggle for greater human rights, socio-economic justice and sustainable development by Toh Kin Woon

riends, I feel honoured FF and proud to have been FFF invited to officiate the opening of the Pesta Rakyat Mederka this morning at the Dewan Sri Pinang. As we are all aware, 2007 is an auspicious year for our country. Malaysians all over will be celebrating 50 years of independence from colo- nial rule and 44 years of the for- broader democratic space and the nation building over the last 50 mation of Malaysia. Many activi- betterment of the socio-economic years. ties celebrating our country’s in- status of the poor and dependence have been and will marginalised groups in our coun- I have been given to understand continue to be planned and organ- try. that today’s Pesta Rakyat ised throughout this year. Merdeka will be offering a wide Another major departure from the variety of exciting and interesting Pesta Rakyat Mederka is one such other Merdeka celebrations, espe- activities. These include a forum, activity. But it is an event that is cially those organised by the gov- an exhibition, dance and musical different from the many others so ernment, is that today’s activities performances, independent film far organised or that will be or- will reflect on the contributions, screening, a poem reading session ganised over the next few months. sacrifices, and struggles of the or- and brief soap box presentations First, it is organised by a group of dinary citizens for political and by representatives of NGOs out- around 25 non-government or- economic freedom, both before lining the work they are involved ganisations (NGOs) that have and after Merdeka. In other in. worked collectively over the years words, today’s celebration won’t for the socio-economic betterment be about our leaders’ contribu- I would like to congratulate the of our society. These are groups tions and struggle for independ- organisers for their great effort and that have been brave and coura- ence. Rather, they will be about to wish this event every success. I geous in taking up issues, such the people’s struggle for greater now have great pleasure in de- as improving the public transport human rights, socio-economic claring the Pesta Rakyat Merdeka system, abolishing the Internal justice and sustainable develop- officially open. q Security Act (ISA), opposing the ment. Equally important, this war in Iraq, providing an equita- event will provide both the demo- The above speech was de- ble health system, and so on. cratic and physical space for or- livered at the launch of Their aim is to sensitise both the dinary citizens and civil society Pesta Rakyat Merdeka on government and society at large groups to reflect on our accom- 24 June 2007. to the importance of allowing a plishments and shortcomings in

Aliran Monthly : Vol.27(5) Page 26 INTERNATIONAL ‘Humanity’, our shared conscience We must find the resources, the capacities and the possibilities for Peace. by K Haridas

recently attended a con- II ference on the theme III ‘Humanity in War’ with the subtitle “Even wars have limits”. Organised by the Asia Europe Institute and the In- ternational Committee of the Red Cross (ICRC), the conference ad- vocated ‘International Humani- tarian Laws’ which are critical in times of war and violence. Within the context of the theme, one immediately sensed the paradox of any other means has been the un- Vietnam, Iran-Iraq, Afghanistan, associating humanity with war. derlying cause for the negation of Bosnia, Kosovo, Chechnya, Sri faith and hope. War breeds Lanka, Aceh, South Thailand and Yet, what do we mean when we greater violence and sustains a Southern Philippines to mention use the term ‘humanity’. This tran- climate of fear and hopelessness. several flash points that have cap- scending and unifying notion is War itself has to be criminalised. tured the headlines over the last critical in this era of globalisation. In the end, the question remains: two to three decades. Without an inner sense of human what have we learnt from wars dignity, it would be difficult to and violence? Yet, the UN clearly recognises war accept on par issues of diversity as lawful in circumstance where and plurality that confront us glo- Nearly six million Jews died at the self-defence is the rational next bally. The humanness of the hu- hands of the Nazis. More than option. At best, the military can man being rooted in our common three million Soviet prisoners died serve as a source of deterrence. sense of conscience is in essence in Germany. The two major world Wars today are not really an op- what humanity represents. wars of the 20th century killed tion that should be exercised. Through reflection and silence, nearly 30 million young people. However humanised war may be, we can expand our hearts and Of the 13 million killed in the First it remains fundamentally inhu- minds to understand the World War, nearly one third were mane. Weapons today are more otherness of the ‘other’. civilians. World War Two contrib- sophisticated, precise and deadly. uted another 87 million deaths. These can be delivered presently This is why ‘war’ is basically Over seven million people have from several platforms ranging criminal. In killing one another, since died from conflicts in from tanks, ships, submarines, we inflict harm and violence to the Mexico, the Nigerian civil war, and fighter jets to unmanned body of humanity. War more than Indo-Pak wars, the Korean War, aerial vehicles.

Aliran Monthly : Vol.27(5) Page 27 More civilians killed duced to a platform where nations for peace and understanding are barter interests. A diplomat once continually sustained. Other key The United States is now work- said that “war is a continuation ingredients include the need for ing on hypersonic drones. These of diplomacy by other means”. changing attitudes and can select targets the world over Combined with the instrument of motivations. There can be no within two hours. With cluster the ‘veto’, the UN at best seems to peace without justice, no justice bombs and depleted uranium serve the exercise of power and without forgiveness and no for- munitions the outreach is over a selective interests. giveness without honesty. An wide area enough to cause what agenda for reconciliation must be is now commonly referred to as A commitment to the spirit of hu- in place. The realisations from one collateral damage. The weapons manity and the pursuance of hu- conflict can often provide the ba- of the future will integrate man dignity must enjoin us in our sis for human dynamics in inspir- nanotechnology and robots. quest for Peace. This requires se- ing attitudinal change in the reso- rious commit- Killings and the infliction of dam- ment, one age will be more precise. The that seeks no temptation to test such weapons other options. will also effectively drive the de- This must en- sire for war amongst major play- sure that con- ers flicts are addressed in a Despite protection provided by in- more holistic ternational humanitarian laws manner. Is- and the Geneva Conventions, in- sues and un- creasingly more and more civil- derlying ten- ians end up as casualties of war. sions need to In the First World War, the aver- be flagged. age was 20 combatants to 1 civil- Dialogue, ne- ian, in the Second World War, this gotiations, al- increased to one combatant to one ternative dis- civilian. In the national pute resolu- liberations wars, civil wars and tion processes must all contribute lution of another. more recent events, it has in- towards promoting understand- creased with the ratio being one ing and trust. Human security is- The actors in the conflict must be combatant to nine civilians. The sues must be developed to ensure trained to see the other for his or Human Security Centre at the that basics such as health, food, her humanness. Their faith per- University of British Columbia, employment, environment and spectives should be drawn to ex- Canada highlight that 90 per cent mobility are available to the dis- press the inclusive nature of the of those killed in today’s wars are putants. human family. Linking the tran- civilians with women and chil- scendent with values provides a dren disproportionately victim- Tackling equations foundational basis for common ised by armed conflict. of power understanding. Fear has to be neu- tralised. In the shared concern for Is there a better option than war Dialogue must ensure that power the future, for our children, grand- and violence? I suppose the an- distances between the parties to children and for humanity, we swer lies in our quest and com- the conflict are narrowed. Promot- must find the resources, the capaci- mitment to peace. Diplomacy has ing dialogue without tackling the ties and the possibilities for Peace. failed us because fundamentally equation of power often leads to In doing so, we ennoble one an- this seems to serve ‘interests’ and failure. When addressed, these other in a quest that is crucial for not principles. The United Na- provide the means and the confi- the future in an increasingly inter- tions has fundamentally been re- dence for ensuring that initiatives connectedq global environment. q

Aliran Monthly : Vol.27(5) Page 28 Barisan Nasional government when it was trying to draw foreign investors into the Multime- dia Super Corridor.

De facto law minister Nazri Aziz has now issued a chilling threat that the government will not hesi- tate to use the Internal Security Act and the Sedition Act on bloggers for postings that are supposedly “sensitive” and “insulting to Is- lam and the King”. This sort of intimidation reflects an inability or unwillingness to appreciate the democratic spirit that is inbuilt in A record of Aliran'sAliran'sAliran's stand on current affairs. civilised debates and discussions.

Raja Petra’s Strong-arm tactics and warnings interrogation: such as these will shut the door to Striking fear meaningful interaction and dialogue and deprive the government among bloggers? of a golden opportunity to gauge Charter 2000-Aliran is deeply dis- public response to official policies turbed by recent developments and their implementation. that could restrict the space for freedom of expression over the To say that only the country’s top Internet and curb the democratic leaders are allowed to articulate right of bloggers to air their opin- their views on certain issues – as ions. It is especially worrying be- was the case with deputy prime cause the Internet is one of the few minister Najib’s unilateral pro- avenues left for concerned nouncement that Malaysia is an Malaysians to freely express Islamic state - and that no one else views and gain access to informa- should comment on them reflects tion that is normally not carried a poor understanding of what in the mainstream media. vided incisive political analyses constitutes a democracy. and practised a degree of investi- The arrest of blogger Nathaniel gative journalism. Their critical Not only is such a stance un- Tan a few weeks ago and, more commentaries have obviously democratic, it also indirectly recently, the police interrogation irked the powers-that-be, who spawns grievances and dissatis- of Malaysia Today webmaster may have found them too reveal- faction among citizens, who will Raja Petra Kamarudin reinforce ing for their comfort – especially find themselves unable to articu- the suspicion that the government with a general election drawing late their views in public. And we is intent on striking fear among closer. are all too aware of – and con- Internet users, especially bloggers. cerned about - the possible conse- It appears to be resorting to overt The authorities’ actions are not quences of suppressing and bot- means of political intimidation to only a step backwards for media tling up collective grievances. create a culture of self-censorship freedom but also a climbdown within the blogging community. from the official guarantee not to Dr Mustafa K Anuar & Anil Netto censor the Internet. This pledge Coordinators, Charter2000-Aliran Some of these bloggers have pro- was firmly expressed by the 26 July 2007

Aliran Monthly : Vol.27(5) Page 29 POLITICS The Minister and his ‘Stupid, stupid, stupid!’ utterances As we celebrate the 50th Merdeka, Nazri is set to take us to greater heights in hype, hypocrisy, hysterics and histrionics in Parliament by Martin Jalleh

monkeys, surely). One only needs Leader Lim Kit Siang leapt to his to be spineless, silly, sexist and of feet and accused the government course “stupid”. of inertia. He used the investigation of Deputy Internal Security In his latest theatrics in parlia- Minister Johari Baharum by the ment, Nazri also showed why he Anti-Corruption Agency (ACA) as deserves the role of the Minister a case in point. overseeing parliamentary affairs. When intelligent debate and de- Johari was alleged to have re- livery were demanded of him, he ceived RM5.5 million in bribes to chose to dish out a diatribe of great free several suspects held under distinction. the Emergency Ordinance. He denied this. An investigation was Bodoh launched, ACA findings made, but no decision was taken by the On 21 June, in parliament, Nazri Attorney-General (AG). (The lat- he Minister in the Prime was responding to Wan Azizah ter cleared Johari of the allegations Minister’s (PM’s) De- Wan Ismail’s question on whether recently.) TTT partment, Mohamed the PM was focused on fighting Nazri Abdul Aziz, is ap- corruption. She had also asked Lim asked: “How can he (Johari) parently a living proof that it does about the measures taken by the come clean when the ACA has not not require much intelligence to government to curb corruption. released its findings, and when be a Minister in Bolehland these the AG also keeps mum?” days – a reason for an increase in This was of great concern espe- the number of the young and un- cially considering Bolehland’s Nazri turned nasty: “Malaysia employed aspiring to be in the slide in ranking in the Transpar- will never develop as long as we Cabinet. ency International’s (TI’s) Corrup- have people like Lim. All these tion Perception Index (CPI) as (corruption allegations) are lies. Of course, before one can be a Cabi- compared to neighbours such as Why are you so stupid? Where are net Minister, one has to be a Mem- Indonesia, Vietnam and Singa- the allegations? You have no ber of Parliament (MP) represent- pore. brains. Stupid, stupid, stupid!...” ing a component party of the Barisan Nasional (BN) – and this Nauseated by Nazri’s nonsensi- Shouts of bodoh were hurled too is peanuts (nothing to do with cal justifications, Opposition across the floor with the Speaker

Aliran Monthly : Vol.27(5) Page 30 Tan Sri Ramli Ngah Talib mak- ioned…” Nazri’s ignorance became even ing a significant contribution to more glaring when he said that the “stupid” scenario with his “Society is becoming smarter and although the perception on cor- statement that he cannot cite critical, thus putting an MP un- ruption in Bolehland is considered Nazri for using unparliamentary der public scrutiny all the time…If to be unfavourable, “Malaysia is language because “such lan- they cannot stand such a situa- still included in the premier guage was used all the time”. tion, they should stay away from league comprising 50 countries politics.” (The Star, 25 April 2005) with the least corruption” Grinning like a school bully hav- (Bernama, 21 June 2007). The ‘pre- ing his last say, Nazri added to That Minister is none other than mier league’ is reserved only for his string of ‘stupid’ salvos: “OK, Nazri himself. Of course, we the Top Ten countries regarded as tidak cerdik (not smart) then. It’s would be stupid if we were to be- least corrupt. like stupid too.” lieve that Nazri practices what he preaches – which explains why Still on the issue of corruption, Buffoon he is still in politics and why he Parliament would hear Nazri say gets into a caustic delirium when that we should not question the Two years ago, Nazri, had, with he is criticised. PM’s commitment in combating admirable honesty declared: corruption. The Minister would “Compared to other parliaments Coming back to the Johari issue, it even declare that a lot has been in countries of equal development was quite apparent that Nazri done to fight corruption but what as Malaysia, our quality of debate could not take the heat even is needed is a public relations is still relatively low.” (NST, 9 though he had apparently taken blitz…like in (not-a-real-country) April, 2005) upon himself a few more hats – Singapore! that of the director of the ACA and Judging from his latest intellec- the AG. He absolved Johari with- Nazri once told Parliament that tual outburst, the citizens of out a final ACA finding and an the government was satisfied Bolehland now know how instru- AG decision. with the ACA’s performance. But mental the Minister is in lower- as Param Cumaraswamy, a ing the quality of parliamentary In his response to Wan Azizah, former TI Malaysia president, debates to new depths as never Nazri had also said that Malay- once pointed out succinctly, “It is seen before. sia must not be compared to coun- not the satisfaction of the govern- tries like Indonesia, Singapore ment that the ACA is handling its The man who called Lim Kit Siang and Vietnam. Then, with a touch responsibilities effectively that “stupid” countless times recently of intellectual brilliance, he added: matters. It is the satisfaction of the is the very same man who had in ‘Singapore is not a real country, it public that matters most.’ 2005 also insisted that: “We want is a small island. Singapore’s our MPs to get their facts right and population is just three to four Nazri has also said that the ACA debate in an objective, civil man- million and there are no opportu- is free to act on its own without ner. Only then can we start talk- nities for corruption, unlike in our orders from the government. ing about having a First World country.’ Nazri should know that as long Parliament.” Alas, only Nazri can as the ACA is under the PM’s De- make calling an MP “stupid” syn- Nazri’s inference of larger coun- partment such ‘non-interference’ onymous with civility! tries being more prone to corrup- is hard to come by. tion and smaller countries being Two years ago also, a Minister less corrupt was wrong. The TI In 2003, during his war-of-words had advised MPs to be ready to CPI reveals that several countries over the monopoly of some 6,000 take a lot of stick. He said all MPs with a much larger population taxi licences with the then ACA “should not be too thin-skinned than Malaysia fared better than Investigations Director, Nordin and should accept criticism made Malaysia in the ranking and sev- Ismail, Nazri (who was then En- against them… MPs, who cannot eral smaller countries were found trepreneur Development Minister) take criticism are old-fash- to be more corrupt. had said that he would advise the

Aliran Monthly : Vol.27(5) Page 31 Cabinet to replace Nordin with At one point, the Minister yelled Technology and Innovation Min- someone “neutral and of high “bloody racist, racist, racist... you ister Jamaludin Jarjis, nor of calibre”. are racist, you have got no place Hishamuddin Hussein’s racist in this country” as he pointed to keris-wielding antics at Umno “Bloody racist” Kula Segaran. There was chaos in general assemblies. the House as a shouting match Perhaps there is no better exam- ensued. Brain dead? ple of Nazri’s intelligence desert- ing him than when he shouted Later Nazri confirmed that his In April this year, Lim Kit Siang “racist” at opposition parliamen- blistering attack was also aimed had highlighted the alarming tarian M Kula Segaran 41 times - at fellow front-bencher and Natu- trend in the exodus of the bright in Malay and English. ral Resources and Environment and brilliant from Bolehland – (Malaysiakini, 21 June 2005) Deputy Minister S Sothinathan which he estimated to be as high who was subsequently sus- as one to two million over the past His trademark theatrics took pended for arguing with Deputy four decades. place at the end of a debate over Health Minister Dr Abdul Latiff the opposition’s emergency mo- Ahmad over the de-recognition. Lim added that Malaysia used to tion to debate the government’s be better than Japan and Singa- decision to withdraw recognition [* Internal error: Invalid file for- pore in terms of economic devel- of the Ukraine-based Crimean mat. | In-line.WMF *] opment, but now the country is State Medical University (CSMU). “We don’t work on (the basis of) lagging behind because of brain This decision affected about 1,400 racism and I really object to that drain that is ‘due to discrimina- Malaysian students, the majority (such claims). I don’t like racism... tory policies in the country’. of whom were Indian Malaysians. we are all Malaysians, so never ever say that we make certain de- He called on MPs to take heed of a Kula Segaran had contributed to cision because we hate certain eth- speech by Perak Regent Raja the situation by quoting then edu- nic groups. That’s unbecoming.” Nazrin Shah wherein the latter cation minister Musa Mohamed had urged the government to in- as allegedly saying on a visit to Kula Segaran believed that still “a sense of belonging” in all CSMU: “How (can) this be? Why Nazri’s repeated use of the word Malaysians to lower the rate of are there so many Indians in this ‘racist’ was intended to divert at- brain drain. university?” tention from the dispute involv- ing the two front-benchers – even Nazri agreed with Nazrin but felt though Nazri had later hugged that the brain drain was not the him (Kula) outside the MPs’ result of a lack in a sense of be- lounge, saying that each of them longing but of ‘money sense’. He had a job to do. likened the brain drain to “ants attracted to sugar” and added The heroic anti-racist image that Malaysians “leave to make painted by Nazri of himself soon money but they will return. You faded. He was rather subdued don’t have to press the panic but- when he revealed recently that no ton yet.” Umno member has yet to be brought to court as a result of mak- Lim said Nazri’s response was ing racist speeches at the Umno “not only offensive to Malaysians general assembly last November. forced to migrate due to unfair policies, but is proof of the stub- Neither was he as vociferous born continuance of the denial “Why are you so stupid? Where are against the racist remarks of syndrome for an urgent reap- the allegations? You have no brains. Youth deputy chief Khairy praisal of the 50 years of BN na- Stupid, stupid, stupid!...” Jamaluddin or those of Science, tion-building policies.”

Aliran Monthly : Vol.27(5) Page 32 Was Pak Lah pressing the panic He made excuses for them: “It is Malaysia, Thierry Rommel said button when he had declared in unfortunate that the press has that the sexist remarks “had an 2004 that “Malaysia is offering a played up the incident. It is part effect on Malaysia’s international host of incentives, including bet- and parcel of parliamentary de- reputation …they have a far ter financial perks, favourable re- bates, and parliamentarians greater and adverse impact than tirement age and terms of contract, should not be easily offended by some people in position of power to lure an estimated 30,000 of its the heckling between one care to admit. Witnessing moreo- graduates working overseas to another…Such unguarded out- ver the impunity that has accom- return home”? bursts always happen during de- panied such remarks, astonish- bates.” ment and disbelief prevail.”.”.” Was the PM seemingly ‘stupid’ in adding: “We must also show The Joint Action Group for Gen- Banal excuses them that we have equal and qual- der Equality (JAG) (a coalition of ity opportunities for them to con- women’s groups) accused the two The independence and future of tinue what they are doing.” MPs and Nazri of showing that the judiciary in Bolehland de- they clearly “have not fully under- pends very much on one man – Nazri should follow his own ad- stood what being gender sensitive the de facto – so might mistakenly vice which he had once given to is all about”. think that it means ‘defective’ – MPs: “It is better that you keep Law Minister, Mohamed Nazri quiet and let others assume you By excusing the behaviour of the Abdul Aziz. He has even made it are stupid rather than talk non- two MPs, Nazri “has effectively very clear that you have to ‘con- sense and confirm that you are condoned the use of low-level cof- vince’ him first if things are to really stupid.” fee shop talk, including foul lan- improve in the judiciary. guage and sexual innuendos, in Brain drained the august Dewan Rakyat.” In June last year, Nazri told Par- liament that there was no basis for That Nazri’s brain seemed Contrary to what Nazri had the allegation of corruption in the strained and drained could also claimed, they saw in the defence judiciary as contained in a letter be seen in his profound ignorance of the sexist remarks a reflection written by former High Court in the “bocor” scandal – in spite of “an underlying, deeply en- judge Datuk Syed Ahmad Idid. He of his insistence that the govern- trenched patriarchal culture that added that the case had been in- ment acted correctly in handling thrives on gender discrimination. vestigated by the government, the it. Such a culture, which upholds ACA and the AG. male domination in society, is sys- Nazri came to the defence of the temic and ingrained in our social In an NST interview, Syed Idid two MPs who had made the sex- structures and institutions.” revealed that the allegations were ist remarks following Fong Po “never really investigated”. This was Kuan’s (DAP – Batu Gajah) obser- “In this context, the sexist remarks confirmed by a former AG, Abu vations of leaks in the Parliament that were made recently are not Talib Othman (Mingguan Malay- building. He said that they an isolated case. Such remarks sia, 4.06.06), who added that “on “should not apologise to Fong or have been tolerated with no disci- the other hand, the poor judge the DAP for their remarks” (The plinary actions taken by the Par- who wrote it was investigated”. Star, 17 May 2007). liament since 1995. In 2002, we met up with the Parliamentary In August 2006, the Bar Council ‘To apologise to Fong is not on. I Speaker to work towards ending renewed its call for a review of the don’t agree…Thisagree… is part of par- sexism and discrimination in Par- 1988 judicial crisis, which led to liamentary debates. Both MPs ut- liament. As we can see, all these the sacking of Salleh Abas as Lord tered the words during the heat of efforts have come to naught.” President. Nazri dismissed such their debate, and you cannot con- a call and said he would agree to trol people’s emotions.” Whatever In a letter to Malaysiakini, Euro- a review of the crisis only “if there happened to Nazri’s ‘civility’? pean Commission Ambassador to are new and important facts in the

Aliran Monthly : Vol.27(5) Page 33 case”. new points for a review. There would be Nazri placed great reliance on the no finality to the Min- fact that the recommendations by ister’s ignorance and both tribunals were also accepted arrogance. by the Yang di-Pertuan Agong. Yet, according to the Federal Con- His next act took place stitution, the Yang di-Pertuan in the Bar Council Au- Agong is not allowed to refuse ditorium in Kuala advice tendered by the Cabinet or Lumpur in a debate the Prime Minister. with MP for Kota Bharu, lawyer Datuk Nazri justified the refusal by Zaid Ibrahim. Here Hamid Omar (who was second in again he would por- line after Salleh) to disqualify him- tray himself as a Min- self as a member of the tribunal ister who is sincere set up to remove Salleh Abas as and so very open to LP by claiming that “as Lord change. “I can be con- President, there could not have vinced” – he proudly been someone more senior than declared. “Bloody racist, racist, racist... you are racist, you him (Salleh) to sit in the tribunal”. have got no place in this country” Nazri managed to Nazri was wrong again. There convince himself that he alone Alas, there is no finality in Nazri’s were two living and very re- was right and everyone else (law- naivety. Apart from the examples nowned retired Lord Presidents yers and several retired judges) in provided above, we see this in his (then) and several retired Supreme the hall were wrong – “there is no comments on the Inter-Faith Com- Court judges who would have need for an independent judicial mission (IFC), inter-faith dialogue, been suitable to sit in the tribunal. commission relating to the ap- race relations, the Election Com- pointment and promotion of mission, Suhakam, the media, etc. Nazri’s assertion that a review of judges unless the judiciary made the 1988 judicial crisis would a request for it”. Nazri represents the high calibre open the floodgates of similar re- MP that Bolehland has succeeded quests for other cases, thwarting Lawyer Malik Imtiaz who at- in producing after 49 years of In- efforts to put finality to past cases, tended the debate wrote in his dependence. As the country cel- was pooh-poohed by retired Fed- blog: “Nazri was a surprise, not ebrates her 50th birthday, surely eral Court judge Tan Sri Azmi so much for speaking like a politi- the Minister in the PM’s Depart- Kamaruddin: “I think this final- cian but rather for assuming that ment will take us to greater heights ity principle is only applicable to members of the audience, compris- in hype, hypocrisy and of course, ordinary court cases, where you ing largely members of the Bar, hysterics and histrionics in Par- have the right to appeal. But in this were stupid enough to believe the liament! case, we are not dealing with a line he was taking…” court as such, but a tribunal With the Cabinet contributing its formed under the Constitution.” Will the Chief Justice ask Nazri fair share of soiled reputations, (The Sun 20 September 2006). for an independent judicial com- spent characters and senior min- mission? The obvious answer isters calling others stupid, surely Nazri’s aura of openness came to came from Bar Council president Parliament will will be perceived a close with him declaring that the Ambiga Sreenevasan: “It is highly as a solid rubberstamp, a symbol Cabinet had endorsed his state- unlikely that the judiciary will shorn of substance, stripped of ment and the case was closed (The agree to the independent judicial essence, sidelined and side- Star, 28 September 2006). He had commission as one with power stepped by the Executive. Malay- turned a deaf ear to Salleh’s five will not give it up so willingly…” sia Boleh! q

Aliran Monthly : Vol.27(5) Page 34 VIABILITY OF BAKUN DAM PROJECT THREATENED Continued from page 40

Sahabat Alam Malaysia (SAM) to plantation. If, in fact, more plan- years ago which noted that “the recently brought this to the atten- tations have been licensed, then annual sediment load in the tion of the public when they pro- the proportion of catchment to be catchment area had jumped from duced evidence that the Sarawak converted to plantation will rise 11 (million) to 29 million tonnes state government had approved correspondingly. between 1983 and 1993 alone” at least three large plantation and attributed this “to the advent projects in the Bakun catchment Moreover, the Environmental Im- of timber harvesting activities in between 1999 and 2002. None of pact Assessment (EIA) for the the area”. the mainstream newspapers car- projects suggest that a large part ried SAM’s press statement and of the catchment is badly de- SAM also cited he Environmental conference. graded due to past and ongoing Management Plan (EMP) for logging activities. Bakun (attached to the EIA Re- The three plantation projects are: ports), which observed that “fu- • the Shin Yang Forest Planta- Thus, giving the lie to previous ture logging should be controlled tion covering almost 156,000 claims that logging was sustain- to reduce siltation and the sedi- hectares, able and selective, the EIAs give ment reaching the reservoir”. The • the Bahau-Linau Forest Plan- as justification for the projects the EMP also stated that these con- tation covering over 108,000 badly degraded condition of the cerns applied to “land clearing in hectares, and logged-over forest, with little like- the catchment above the reservoir • the Merirai-Balui Forest Plan- lihood of regeneration. inundation limit” and that “pru- tation on almost 56,000 hec- dent land use management for the tares. The three areas in question have catchment must be introduced” been subject to logging only since based on the principle that the The Bahau-Linau and Merirai- the late 1980s or early 1990s. The highest and best use of the catch- Balui Forest Plantations are un- same is generally true of the over- ment is the “uninterrupted sup- der Rimbunan Hijau while the all Bakun catchment. ply of quality water to the reser- Shin Yang Forest Plantation is voir”. under Shin Yang Forestry. All Thus, as the three areas in ques- three are so-called plantation for- tion were or are logged by the Based on these findings from the ests, to be planted with mainly same operators as the rest of the EIA and EMP reports, SAM acacia mangium, widely consid- Bakun catchment, it can be con- warned that “the establishment of ered to be an invasive exotic spe- cluded that the bulk of the catch- plantations in the upstream cies and a potential fire hazard (see ment is in similar degraded con- reaches of Bakun will surely spell accompanying maps and photos). dition — with serious negative im- disaster for the dam since such plications for the integrity of the plantations will entail clear-cut- A proportion of the plantations catchment. The integrity of a catch- ting and periodic harvesting and can be and has been planted with ment is the primary asset of a dam an increase in erosion and oil palm for one cycle — the and has implications for its water siltation rates”. Sarawak state government’s way quality and its water-regulating of helping the companies with properties. In the case of a hydro- The tree plantations will be oper- their cash flow, as oil palm will electric dam, this has implications ating on a 15-year cycle while the produce a yield in four years, for its power-generating capacity. oil palm will operate on a 20-year while the acacia is projected for cycle. harvesting in 12-15 years. Viability threatened Additionally, the areas where the These three plantations alone In their press release, Sahabat plantations are being established mean that at least 10 per cent of Alam Malaysia cited the Bakun include sites which were cleared the catchment is being converted EIA reports prepared about ten of their original residents. One of

Aliran Monthly : Vol.27(5) Page 35 the reasons given for the resettle- by another timber company. created as a result of plantation ment was that if the local native development will cater largely for inhabitants were allowed to con- Requests for conversion, however, foreign rather than Sarawakian tinue to reside within the catch- are routed through the Ministry natives, who have avoided em- ment area, their activities would of Resource Planning, under the ployment in the plantations due compromise the integrity of the Chief Minister. Such requests are to the poor working conditions catchment. Why, then, did the then forwarded to the SFC for ap- and the very low wages of around state government approve these proval. At the SFC, such requests RM8-12 a day. As it is, there are plantation projects and was the are taken, rightly or wrongly, as already parts of Sarawak with sig- federal government informed of expressive of the desire of the Min- nificant plantation development them? istry, specifically the Minister. The where foreign workers make up authoritarian culture and atmos- 20 per cent or more of the popula- SAM believes that these approv- phere in the state means that it tion. als are due to a lack of transpar- would be a brave person indeed ency in land and forest govern- who would dare go against such Ironically, these foreign plantation ance matters in Sarawak: the law a perceived desire. workers will now reside within a in Sarawak excludes public par- catchment which was cleared of ticipation in the EIA process, un- The economics its original bumiputera inhabit- less the project proponent so de- ants to make way for the Bakun sires. In other words, the public Apart from the reversal of a prom- Dam on the grounds that their does not have the opportunity to ise to gazette the catchment area activities might impact negatively give feedback prior to EIA approv- and the need to amend the law to on the catchment and the dam. als. Instead, the EIA approvals for ensure greater transparency, the Nothing that the original the three plantation projects large amounts of public funds bumiputera inhabitants habitu- above were decided by the Natu- that have been invested in the ally do would have had anything ral Resources and Environment Bakun HEP are at risk. near the negative impact of these Board (NREB), a division of the plantation developments and the Ministry of Planning and Re- About RM9 billion will be spent on-going logging. source Management, headed by on the dam when completed, if the Sarawak Chief Minister him- there are no major cost overruns. The degradation of the catchment self. Possibly another RM9 billion will also raises questions about the be invested to lay 700km of sub- dam’s actual power=generating But these projects should never marine cables – making it the capacity and its maintenance have even gone to the EIA stage. world’s longest undersea electric- costs. In the first place, the Sarawak For- ity transmission link - and 900 km estry Corporation (SFC), which ap- of overland cables to carry the elec- Under such circumstances, penin- proves licences for plantations in tricity generated from Sarawak to sula-based industries and con- forest areas should have flagged the peninsula. sumers hoping to rely on cheap these projects as “highly sensi- electric power transmitted from tive” for a number of reasons, in- By allowing these plantations to Bakun should think again. Aside cluding: be established and by not control- from security and environmental • these forests have not been ling or stopping the on-going log- concerns, the Federal Government through even one logging cy- ging in the catchment, the will need to seriously re-assess the cle, and Sarawak government is placing decision to invest in the subma- • they are within the Bakun the interests of private companies rine cables and its belief that there catchment. over the interests of the public, in is all this hydro-power capacity whose name these massive in Sarawak: the state of the Bakun Indeed, the conversion from for- amounts of money have and will catchment is not peculiar to est to plantation in at least one of be expended. Bakun, but is similar to the state the three areas occurred while the of the catchment of proposed hy- area is still being actively logged Moreover, the employment to be dro-electric dams in the Balleh, the

Aliran Monthly : Vol.27(5) Page 36 peated attempts to obtain iden- NEP — No Equity for Penan? tity cards. Thus, some 90 per cent of the Penan in this area are without ICs. Thus, even if the Penan communities lives they could survive on employ- beyond a gate set up by the ment in the plantation, they company and another of the cannot get legal employment. communities had its longhouse constructed by a In view of what is stated in the subsidiary of the company, Ninth Malaysian Plan, it is also a timber operator in the long overdue for the Economic area, around 1992. Planning Unit in the Prime Minister’s Department to come The EIA for the Shin Yang Despite this falsehood, the EIA down hard on the Sarawak Forest Plantation is fatally was approved without condi- state government for their con- flawed. It states that there are tions. tempt of the rights of the no native communities Penan. within the proposed planta- The net result is that the Penan At the very least, given that the tion, hence there is no need to who, as recently as 20 years ago - forest has been cleared, the make any provisions for them. in some cases, as recently as a Penan in the area should be dozen years ago — were living un- given their 30 per cent equity This is just plain false. molested in largely primary for- in the plantation. Failure to do est now find themselves ma- so would constitute ample Not only are there native com- rooned in a sterile laterite land- proof of the suspicion that the munities within the proposed scape, without forest, without NEP - despite its initial hon- - or rather, existing - planta- land, with all their rights dis- ourable objectives — has be- tion, but they have been there missed, and being told to depend come the Never Ending Plun- for at least hundreds of years. upon the largesse of the company. der for the rich and politically All these native communities well connected, and No Equity are Penan. The company Indeed, these Penan, amongst the for Penan and all those should have known the EIA most marginalised groups in the bumiputera who are poor and claim to be false since one of country, have been denied re- powerless.

Murum and so on. sustainability and economics of entry logging will do to the hydro- the dam and keeping in mind the logical regime and to the rate of Failure to do so may commit the huge investment of public funds siltation? What happened to peninsula to higher costs of elec- involved, the Sarawak govern- promises of gazetting the catch- tricity. For instance, judging by the ment must be accountable and ment area? And not least, why prices being cited some years transparent about the status of the continue to deny the people the back, should the generating ca- Bakun Dam and its catchment right to scrutinise and provide pacity of Bakun drop by, say, 20 area. How much of the catchment feedback on the EIA reports? per cent, then it is probable the area has been licensed for conver- consumer price of power from sion to plantation use? How much Finally, as Suhakam has con- Bakun will rise above the current of the catchment area has been li- ducted a study of the plight of the domestic rates of 21 sen per kWh censed for re-entry logging which natives in the Bakun area, we call enjoyed by consumers in the pe- will only further degrade the re- upon the Commissioners to make ninsula. maining forest? What assess- public the results of their investi- ments, if any, have been made as gation and to assume a more pro- In view of these threats to the to what such conversion and re- active role. q

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Aliran Monthly : Vol.27(5) Page 38 AI CAMPAIGN Make Some Noise: The Amnesty International Campaign to Save Darfur

reen Day, REM, U2, Avril GG Lavigne, Christina GGG Aguilera, and Snow Pa- trol are among the best- selling artists who will feature on a 24-track double CD of songs written by John Lennon to benefit Amnesty International.

The CD “Make Some Noise: The Amnesty International Cam- paign to Save DarfurDarfur” by Am- nesty International and Warner Bros. Records is available in Malaysian record stores from today, 17 July 2007. All proceeds will go towards Amnesty Interna- tional’s human rights work, including the crisis in Darfur.

The album falls under the organisation’s Make Some Noise initiative, which uses music to inspire a new generation of activists to stand up for human rights. The initiative is supported by Yoko violence follows them and under- force to be deployed to the crisis- Ono, who generously donated the mines humanitarian efforts to hit region. It also urges the Khar- rights to the entire John Lennon provide aid. Huge numbers of toum authorities to halt indis- songbook to Amnesty Interna- Darfuri civilians are still at risk of criminate attacks against civil- tional. starvation, disease, and further ians, disarm a regional militia (the attacks Janjawid) and enforce an arms In Darfur, hundreds of thousands embargo. of civilians have died from attacks AI has also launched a global pe- by Sudanese government-backed tition on Darfur to coincide with To sign the petition or for more militias. Millions of others have the digital album. The petition information on the CD and Make been forced from their homes, calls on the Sudanese government Some Noise Project go to many of them fleeing to the neigh- to allow for a joint African Union http://www.aimalaysia.org or bouring country of Chad. But the and United Nations peacekeeping http://www.amnesty.org/noise q

Aliran Monthly : Vol.27(5) Page 39 ENERGY Viability of Bakun Dam project threatened Establishing plantations in the 1.5 million hectares Bakun Catchment is likely to threaten the viability of the Bakun Dam and the Bakun HEP. The Sarawak state government must provide some answers quickly by Philip Khoo

o counter criticisms TT against the Bakun Hy- TTT droelectric Project, several federal ministers had promised that the 1.5 million- hectare Bakun catchment would be gazetted to conserve the forest and protect the investment in the dam. Indeed, the then deputy prime minister was quoted on 12 March 1996 as saying that “we should realise that we will be gazetting a catchment area covering 1.5 million hectares which This is the Shin Yang plantation in the Seping area, draining into the may not have been created if the Belepeh, thence into the Murum. Bakun project is not implemented.”

Until now, however, the catchment continues to be intensively logged. Worse, large parts of it are either in the process of being clear- felled for plantation or have been licensed out for the same purpose. In short, not only has the catchment not been gazetted, it is being actively undermined — with the approval of the Sarawak state government.

The stand on the right is logged over forest. This was mainly primary forest Continued on page 35 20 years ago.

Aliran Monthly : Vol.27(5) Page 40