PP3739/12/2002 ISSN 0127 - 5127 / RM3.00 / 2002:Vol.22No.4 EnglishEnglish SchoolsSchools OrOr EnglishEnglish Language?Language?

Aliran Monthly : Vol.22(4) Page 1 COVER STORY A National Will To Mastering English Reflections on the ‘English language question’ by P. Ramakrishnan

whole history of bitter conflicts over dif- AA ferent languages has taught us that lan- AAA guage – Bahasa , Chinese, or even English – is such a powerfully emotive is- sue in our plural society.

Hence it was a pleasant surprise to find that there wasn’t a vociferously negative response to Prime Minister Dr ’s recent poser: Should English-medium schools be reintroduced to enable Malaysia to integrate with the new global economy?

Indeed Dr Mahathir had stated: ‘If the people want it, we will do so. Being democratic, the government has to respond to what the people want.’

On 6 May, when speaking to reporters after deliver- ing his keynote address at the 35th International General Meeting of the Pacific Basin Economic Coun- cil, Dr Mahathir clarified that it was the govern- ment’s duty to explain why some people had failed to integrate with the new economy due to their poor command of the English language.

What a democratic approach to language policy Dr 1991 vol. 11 no. 3 Mahathir seemed to be taking! study this from all aspects and the Ministry wants as much public input before making a decision on O.K., Boss! the matter.’

Then, Minister of Education, Tan Sri Musa In fact, on May 3, this seemingly new take on the Mohamad fell in line with his boss and echoed that English language as the medium of instruction is- his Ministry would gather public opinion before sued from UMNO’s Kubang Pasu division in , making a decision on the issue. Musa added, ‘We which passed a resolution calling for several sub- are living in the era of globalisation where we need jects in schools to be taught in English. to communicate with the international community which predominantly uses English. We need to Kubang Pasu is Dr Mahathir’s constituency. Its reso-

Aliran Monthly : Vol.22(4) Page 2 EDITOR'S NOTE

This issue of AM highlights several current contro- versies, public as well as less public. The lead story CONTENTS by P Ramakrishnan discusses the politics behind Dr. M’s poser: whether English-medium schools should be reintroduced. Assuming that the “peo- COVER STORY ple” support Dr M on this issue, are we ready and ••• A National Will To Mastering English 222 equipped to do so, asks Rama. FEATURES Less public controversies highlighted are the Shah ••• We Will Not Abandon Our Struggle 777 Alam High Court’s decision in favour of Orang Asli ••• Anti-ISA Gathering Blocked 888 land rights; a workers’ protest against Kumpulan ••• We Cannot Just Talk 101010 Guthrie; and police attempts to block anti-ISA cam- ••• Victory For Orang Asli 121212 paigners heading for an exhibition. ••• Still An Independent Commission? 141414 We also spotlight World Press Freedom Day gather- ••• Retrenched Estate Workers Protest 171717 ing of journalists at Suhakam to lobby for greater ••• Why The Stunning Silence? 232323 press freedom. The journalists highlighted that they ••• Suffering For The Truth 252525 had not received a response from the Home Minis- ••• Charter 2000 Seeks Endorsement ter to an earlier memo signed by nearly a thousand From NUJNUJFrom 282828 journalists. ••• Journalists Call For Press Freedom 292929 ••• Not Agents Of Western Media In this connection, we also carry a response from Imperialists 313131 the South East Asian Press Alliance to former ••• Apartheid In The Holy City 404040 Utusan Melayu boss, Zainuddin Maidin, who is •• Apartheid In The Holy City 4040 now the Information Ministry Parliamentary Secre- tary. Zainuddin had described journalists from cer- REGULARS tain countries in the region as agents of western im- ••• Thinking Allowed 191919 perialism. ••• LettersLettersLetters 323232 ••• Current Concerns 363636 Abu Talib’s appointment as Suhakam’s new chair- man also sparked controversy. Fearing the worst, OTHERSOTHERSOTHERS based on Abu Talib’s poor human rights record, a ••• Subscription Form 181818 group of NGOs including Aliran has decided to dis- engage with Suhakam for 100 days.

Adversity breeds courage: enjoy Tian Chua’s letter to Aliran from Kamunting and our interview with Said Zahari. Desmond Tutu’s moving commentary on the Palestinian crisis also provides a sobering Published by message. Aliran Kesedaran Negara (ALIRAN) 103, Medan Penaga, 11600 Jelutong, ALIRANALIRANALIRAN is a Reform Movement dedicated to Penang, Malaysia. Justice, Freedom & Solidarity and listed on the Tel : (04) 658 5251 Fax : (04) 658 5197 roster of the Economic and Social Council of the United Nations. Founded in 1977, Aliran welcomes Homepage : http://www.malaysia.net/aliran all above 21 to be members. Contact the Hon. Secretary or visit our webpage. Printed by Angkatan Edaran Enterprise Sdn. Bhd. Lot 6, Jalan Tukang 16/4, Seksyen 16, 40000 Shah Alam, Darul Ehsan.

Aliran Monthly : Vol.22(4) Page 3 lution was a cue from the very top cil meeting of 10 May, Dr Mahathir ‘majority’ who think otherwise? of the political hierarchy, from Dr announced that the Supreme Mahathir himself, that a political Council had rejected the proposal If maintaining the National Edu- decision had to be taken to arrest to reintroduce English-medium cation Policy was the reason for what everyone knows to be a schools on grounds that the pro- rejecting Dr Mahathir’s proposal steady deterioration in the stand- posal ran contrary to the National to reintroduce English-medium ard of English in Malaysia. Education Policy. schools, it didn’t make sense for Dr Mahathir to keep proclaiming Maybe that’s why, unlike previ- Dr Mahathir intoned, ‘This is our that the government will have to ous occasions when the ‘English stand’ but, democratic as ever, he listen to the majority. Is Dr language question’ arose, the added that ‘The public can still Mahathir truly prepared to defer statements from Kubang Pasu, Dr disagree. And if the majority still to the wishes of the ‘majority’ even Mahathir and Minister Musa pro- want English-medium schools to if it means overturning the Na- voked no nationalistic fervour, fu- be brought back, the government tional Education Policy? Has Dr rore or opposition. This was re- will have to do so. After all, not Mahathir become that democratic, markable since the suggestion everyone in the country agrees or has the whole issue been no was not just to place greater em- with UMNO.’ more than play-acting? phasis on the teaching and use of English but to reintroduce Eng- And Who’s For that matter, how is the govern- lish-medium schools. To Say ‘No’? ment going to ascertain the views of the majority? Does it have a sys- Stuck In A Cabinet That UMNO Supreme Council tem to monitor public opinion decision was clearly a setback for and feedback? Will the govern- Subsequently the development of Dr Mahathir’s push to give ment conduct a referendum to de- the ‘English medium-school’ is- greater emphasis for English. It’s termine the preference of the ‘ma- sue took a different turn. After the a ten-year setback. Way back in jority’? weekly Cabinet meeting on 8 May, 1992 Dr Mahathir had extolled Dr Mahathir said that the Cabi- the need for mastery of the Eng- Get Your Act Together net had discussed the reintroduc- lish language during an interview tion of an English-medium school he gave to Indonesian journalists. Leaving aside this question of system. At the time, Dr Mahathir was se- democratic practice – you will al- verely criticised by the Malay pa- ready know the answer – there’s But the ministers didn’t have very pers, and the idea of more Eng- still one nagging question: how much to say, it seemed, because lish for better English died then serious really is the government Dr Mahathir admitted that ‘We and there. about arresting what many be- did touch on the topic but it was lieve to be a disastrous decline in not discussed at length as we (By the way, Zainuddin Maidin, the Malaysian command of the want to hear what the people have then Utusan Group editor, was English language? to say on the subject.’ fired for criticising Dr Mahathir. But UMNO’s been ever kind to so As a former teacher of English, I Naturally people wanted to know many comeback kids: Zainuddin recall very clearly how much anxi- why this ‘burning topic’, raised is now Parliamentary Secretary in ety was expressed in 1991 follow- from the top, and echoed by the the Ministry of Information! That, ing a sharp drop in the pass rate Minister of Education, was ‘not as they say in English, is a differ- for English in the SPM examina- discussed at length’ by the Cabi- ent story.) tions. Almost at once, all kinds of net. Was it because the ‘political people made all sorts of sugges- will’ was absent? In other words, However, the UMNO Supreme tions to improve the Malaysian were UMNO ministers not in fa- Council decision raised a differ- standard of English. vour of their leader’s suggestion? ent question: Can anybody recall when an UMNO decision was But as with so many government After the UMNO Supreme Coun- shot down and overridden by a policies and practices in this coun-

Aliran Monthly : Vol.22(4) Page 4 try, when the critical moment passed, the situation was back to square one. Despite the hullaba- loo, there was no follow-up or any demonstration of the political will to implement meaningful policies to improve the standard of Eng- lish.

Malaysians with good intentions might say, ‘what a pity, a golden opportunity gone, 11 years are Malay graduates whose lack not proficient in English, then wasted’. Had the right things of proficiency in English profi- their education, businesses and been done, had serious efforts been ciency had hurt their employment investments will suffer some made, we wouldn’t be bemoaning prospects. damage, and we as a nation will the lack of proficiency in English be the poorer for it. now. Employment or unemployment is not just a matter of being proficient Are We Ready? They wouldn’t be wrong. But we or not in any one language. None- should remember that even then theless, it has become increasingly At this juncture, there’s no more the political leaders who ex- apparent that in today’s talk about reintroducing a system pressed mock concern were often borderless world, a good com- of English-medium schools. In- the very ones responsible for the mand in English would open stead there are indications that rapid deterioration in English. many doors of opportunity. Science and Mathematics will be taught in English starting from Among those ‘leaders’ were lan- Whether we like it or not, English Standard One next year (while in guage chauvinists who provoca- is the primary language of knowl- the public universities more and tively defaced English sign edge and technology. The primacy more courses are supposed to be boards. Among those ‘leaders’ of English is obvious when one taught in English). were people who refused to con- visits a library or enters a book- verse in English. And there were shop, or one accesses the internet Assuming this is a right step for- also police personnel who refused or watches TV. Even in Europe, ward, are we ready to implement to accept police reports in English. French is fast losing to English in this move straight away? popular use. Their enthusiasm to promote Policies in this country are so very Bahasa Malaysia was never chal- It is by now a truism to say that often implemented without proper lenged. But they found it politically new ideas and discoveries are preparation. It is a critical reason expedient to decry the importance more easily available in English why so many public programmes of English with such blinkered than in any other language. Glo- fail or turn out be unsustainable. views that they couldn’t rationally bal trade is predominantly con- promote the national good. ducted in English. Training pro- If we want to avoid fatal mistakes, grammes in most fields are more one of the first things we need to Why Now? easily available in English. Even know is how many English-lan- if one doesn’t want to raise a lan- guage teachers we require. From my So why is the English language guage that isn’t native to us on a experience, and from the experi- question being raised again? pedestal, we are still forced to ac- ences of my colleagues who taught knowledge that English is the lin- English for many many years, it is One explanation is related to the gua franca of the world. simply not good enough to ‘kick off’ staggering figures of unemployed the teaching of English in Science graduates, and the recent claim On pragmatic grounds alone, if and Mathematics on a ‘trial basis’ that more than 90 per cent of them our students and our citizens are in selected schools. For the policy

Aliran Monthly : Vol.22(4) Page 5 to be effective, its implementation is a ‘Malay’ question, faced by wise or right to begin by teaching must take off in all schools simul- Malay students and graduates, Science and Mathematics. There taneously. and to be resolved by Malay lead- isn’t as much ‘language content’ ers. In rural schools, in vernacu- in these subjects as in others. If we But we immediately run into a seri- lar schools, and in urban schools are serious about improving lan- ous problem: by now, we no longer even, there are countless students, guage, we might even think of have sufficient numbers of quali- coming from non-English-speak- teaching Islamic Studies or His- fied teachers. Clearly not all Science ing family backgrounds, who tory in English. These are subjects, and Mathematics teachers, exclu- can’t read, write or speak English among others, like literature, sively trained to teach in Bahasa with any level of proficiency. which require constant reading, Malaysia, can teach their subjects wide reference and sustained dis- in English. On the other hand, If the move to improve English is cussion – exactly the ingredients teachers trained to teach English well-intentioned and meant to for a regular and profitable pro- can’t be suddenly deployed to succeed – and not just another one motion of the usage of English. teach Science and Mathematics. of those politically ambiguous and practically meaningless For success, we shall need proper Better Teachers For ‘policies’ – then these and other preparation. We need to train Better Students questions must be honestly con- more English-language teachers to fronted and earnestly answered. continue the tradition of a previ- We shouldn’t fool ourselves. It ous generation of teachers who isn’t the students alone whose Towards taught English very well. In our standard of English is poor. In A National Will teacher training colleges, the many instances, the standard of standards of English proficiency English of the teachers can be Yet to improve and raise the aver- among would-be teachers of every appallingly poor. age standard of English in this subject should be raised. country doesn’t requre a restora- Again from personal and collec- tion of the English-medium Above all, we need will. But I don’t tive experience, I could tell many schools of a previous era. mean the kind of political will that stories of poor teaching in English. rams things down our throats The stories tell of a range of teach- If anything, in my opinion, it while pretending to practise de- ers, all unacceptable in their abil- would be a mistake to revive Eng- mocracy out of a fake considera- ity or attitude or method: from lish-medium schools because the tion for an unconsulted majority. teachers simply not knowing the revival cannot be successfully ac- language well, to those being fre- complished throughout the coun- I mean the kind of will that we quently corrected by their stu- try for various reasons. One obvi- cultivate by earnest but patient dents, to those ‘using Bahasa to ous and compelling reason is: too promotion, with firm but rational teach English’ or never replying many of our local settings – rural persuasion, and via popular yet in English when spoken to. schools, vernacular schools, non- effective campaigns. English-speaking communities – Whatever our stand on the Eng- can’t support a wide usage of Above all, what we need is to in- lish language, those are sad sto- English in social interaction. spire a national will of an honest ries that confirm a simple truth: and proud sort that means to see unless and until we have suffi- Hence, it is preferable to have ‘bi- future generations of Malaysians cient and sufficiently proficient lingual schools’ which accord an mastering all kinds of languages teachers, our students can’t ben- equal importance to the English for the right reasons: Bahasa Ma- efit from any policy to improve the language, for example, by teach- laysia, English, their mother standard of English. ing it ‘seriously’ as a subject that tongues, and the ‘IT language’ of students must take and must pass the global era. On this matter, it is necessary for with acceptable grades. all quarters, too, to stop implying And for all that, Dr Mahathir, we that the poor standard of English In this context, it may not even be need DE-MO-CRA-CY! q

Aliran Monthly : Vol.22(4) Page 6 ISA

Tian Chua to Aliran We Will Not Abandon Our Struggle

reetings from the iron cratic struggle within a short pe- activists who carried out simulta- cages of the ISA. Our riod of 12 months. The fear to ex- neous solidarity hunger strikes at GGG hunger strike, which ercise one’s rights has returned to Taman Melawar. There were also started on April 10, fi- haunt the people. To a large ex- another 100 or so people partici- nally concluded on April 21. Al- tent, the success of Mahathir’s re- pating in hunger strike at differ- though we have suspended our gime to derail democratic reforms ent locations. Many others - or- action our determination to con- was due to the application of the ganisations and individuals - tinue fighting for the abolition of ISA. have contributed to the struggle the ISA will not end here. in many different ways. Aliran We staged the hunger strike on the too has been very active in solicit- It is regrettable that throughout first anniversary of our detention ing and mobilising support for the our hunger strike, the government was not out of despair or helpless- struggle against detention with- had refused to answer our de- ness. On the contrary our action out trial. mands or to address the central testified that the detention, isola- issue - that is detention without tion and intimidation failed to We hope Aliran and other friends trial. Instead the Ministry of break our combatant spirit. After of human rights will continue from Home Affairs, through Abdullah one year of imprisonment with the the momentum of the hunger Badawi and Chor Chee Hong, prospect of indefinite extension, strikes to further promote aware- made several unfounded allega- we are still standing firm with our ness on the need for democratic tions against the hunger strikers. conviction. change. We shall encourage the people to stand up against further Nevertheless, we are pleased that Our strength in fact came from the transgression of our rights. We the hunger strike has again drawn people. As long as we are truth- shall not let fear deny the demo- public attention towards human fully upholding our commitment cratic future of future generations. rights violation by this regime. to democratic struggle, the people will never abandon us. The sup- Lastly let me end this message A year since our arrest, human port we received during the hun- with a note of thanks to the Aliran rights in this country have drasti- ger strike has demonstrated wide- Exco and members from the six cally deteriorated and, with the spread concern for our cause, not political detainees in Kamunting. pretext of terrorist threats, the ISA only in Malaysia but around the arrests have become more and world. Tian Chua more arbitrary. The nation lost its on behalf of 6 Reformasi Detainees vibrant dynamics of the demo- We salute the more than a dozen 23 April 2002

Aliran Monthly : Vol.22(4) Page 7 ISA Anti-ISA Gathering Blocked Gun-toting police personnel block road to exhibition centre by our Correspondent

Sunday morning, 14 April 2002 On the road leading to Markaz PAS outside the Kamunting De- tention Centre

Six ISA detainees who have now been detained for more than a year under the ISA launched a hunger strike on 10 April 2002. The Fam- ily Support Group of the GMI (Gerakan Mansuhkan ISA or Abolish ISA Movement) decided to hold a small exhibition at the Markaz PAS in Kg Pasir, just op- posite the Kamunting Detention Camp on Sunday 14 April 2002 again disrupted an anti-ISA gath- proached the officer manning the to provide moral support for the ering in Kamunting. road block, Chief Inspector family members who would be Zulkifli. He said that he could not visiting the camp on that day. Dr Jeyakumar lodged a police re- allow any cars through except for Members of political parties and port, a translation of which is re- those bringing the family mem- NGOs as well as the general pub- produced below together with bers of the ISA detainees to lic were invited to attend this ex- photographs that were taken by Kamunting Detention Camp for hibition. the GMI Perak team. their weekly visit. We said that we only wanted to go to the The powers-that-be had other “I am making this police report be- Markaz PAS, but he said that he ideas. They decided that this cause I am severely disappointed with had his orders and that he could small gathering to show solidar- the stance taken by the police in not allow our cars through. ity with the families of those de- Kamunting today. tained should be disrupted and While this discussion was taking to do this they misused the police, My friends and I came to place several plain-clothes police- the Federal Reserve Unit (FRU) as Kamunting at about 10.30 am to- men were taking photographs well as the police field force to day to visit the exhibition organ- and recording videos of all the frighten the public away in an ised by the families of the ISA de- members of our group. ugly and threatening show of tainees in Markaz PAS Kg Pasir. strength. The result: Out of the We were stopped at a police road We then informed Chief Inspector estimated 200 or so individuals block on Jln Selama, the road lead- Zukifli that we would walk to the who turned up in Kamunting that ing to the Kamunting Detention Markaz. There were small groups morning intending to go to the Camp. of policemen along the route, and Markaz in Kg Pasir, only 25 suc- just beside the entrance of the road ceeded. The government had once We parked our cars and ap- leading to the Markaz was an-

Aliran Monthly : Vol.22(4) Page 8 other police roadblock. Three large “Black Marias” were parked at the adjacent open space.

Halfway down the side road lead- ing to the Markaz we were stopped by a group of field force personnel who were armed with M-16 rifles. However they let us through when we continued walking.

We were in the Markaz PAS from 11.20 am to 2.20 pm. Every 15 minutes a police vehicle would come by the Markaz. About five of the M16-toting field force per- sonnel moved to the compound of a house in front of the Markaz, while several special branch of- ficers with cameras and video re- corders hung around in the com- pound of an adjacent house.

The actions of the police in Kamunting today have obstructed and denied the right of Malaysian citizens to freedom of movement and association as enshrined in the Malaysian Constitution. I am sad and disappointed that the police have allowed themselves to be manipulated to act in such a threatening manner and frighten ordinary Malaysians, and further restrict our democratic rights.

I want the police to investigate this report and take appropriate ac- tion.” q

Aliran Monthly : Vol.22(4) Page 9 HEART TO HEART : "What comes from the lips reaches the ear, what comes from the heart reaches the heart" - Arab proverb The story of 60-year-old hunger-striker Tuw Ah Mei We Cannot Just Talk - We Must Act by our Correspondent

10 April 2002 marked the first anniver- sary of the detentions of Mohd Ezam, Saari Sungib, Lokman Md Nor, Tian Chua, Dr Badrul and Hishamuddin Rais under the Internal Security Act (ISA).

The Abolish ISA Movement (GMI), en- dorsed by 82 organizations, has persist- ently and untiringly called for a just and fair trial for the detainees. But the gov- Tuw Ah Mei with Ezam's mother and son ernment continues with its oppression. oday I met a wonderful lady from Kuantan. So the six political detainees decided to TTT Tuw Ah Mei, 60, has four sons (two of go on a hunger strike starting from 10 whom are married) and seven grandchil- April to protest against their continued dren. She had not told her children that incarceration. In solidarity with the six, she was joining the ‘hunger strikers’ in Taman Melawar because she felt sure they would disap- 15 people on the outside also decided prove. Despite family objections, she goes wherever to fast. These 15 ‘hunger strikers’ she feels needed. started their fast on 10 April, after hand- ing a memorandum to Suhakam. Her disenchantment with the government dates back to 1989. She was then a farmer in Serdang grow- Several of them were the detainees’ ing starfruit (belimbing) plants for a living on a small family members: Ezam’s mother, Saari’s plot of land for about 20 years. The MCA ‘YB’ had son and Anwar’s brother-in-law. Oth- come and promised them “grants” (land titles) for ers were Keadilan members who felt the land that they had cleared and cultivated. She and the other farmers were very happy and filled they had to fast to show their solidar- out all the relevant forms. ity. One of them was a DAP member from Kuantan whom I had a chance to But two months later, a busload of men in uniform talk to. (seperti askar) came and cut down all the plants in the ‘lower’ plots of land. Her plot of land was higher up and was not affected, but she said it was terrible

Aliran Monthly : Vol.22(4) Page 10 to see the trees – even those laden with fruit being cut down. She said she collected all the fruits and took them to the MCA office and threw it at the people in the MCA office.

A day or two later, the men came back with bulldozers to dig out the roots of the trees that had been cut, even though the farmers had gone to court to apply for an in- junction. She mentioned that some DAP members had come and watched the destruction. Four hunger strikers: they did not drink water and collapsed by the third day but She yelled and shouted and had continued after that with water a fierce argument with their ‘boss’. take a single sen from me.) After them.) She even threatened them with a five years of going to court, with a can full of kerosene. But the Boss lot of postponements, the case was “Tapi kita tak boleh cakap sahaja – Man said, “Go ahead”; so she just dropped. mesti buat. “ poured the kerosene on the tem- (But we cannot just talk - we must porary shelter the workers had At present, Ah Mei runs a ‘gerai’ act.) erected and burned it down. (stall) in Kuantan selling vegetar- ian food. She is not particularly Sitting there on the floor, on a At 10 p.m. that night, the police well off, but whenever she feels plywood plank (GMI had pro- came (tiga kereta polis datang) and something urgent needs to be at- vided mattresses for the ‘hunger arrested her. She was about 48 at tended to, like the SRJK(C) strikers’ but Ah Mei said that the the time and was bringing up her Damansara SOS struggle for plank was better for her back), I four sons single-handedly as her intance, she just “tutup kedai dan did not know whether to laugh or husband had left her 10 years ear- datang” (pulls down the shutters to cry as I listened to her story. lier. and heads out). She was coping very well with the Karpal Singh fought her case, and She read about this hunger strike discomfort and the heat during the she remembers him fondly and in the DAP papers and decided day. On Sunday, she was ex- wants to emphasize – “satu sen pun “mesti mau tolong” (she had to tremely vocal when dealing with dia tak ambil dari saya.” (He didn’t help). She is very emphatic in her the police in Central Market. The beliefs: only thing she has not liked so far is the check-up by the doctors be- “Kita tak boleh kira bangsa – cause they took a blood sample Cina, Melayu, India. Semua orang from her. serupa.” (We cannot look at race - Chinese, Ah Mei does not believe in mak- , Indians. All are the same.) ing a lot of money to leave for her children when she dies. By fight- “Bila saya lihat anak Anwar, anak ing for justice and by speaking up Ezam – saya mau menangis..Saya for the downtrodden, she believes lihat isteri-isteri orang dalam ISA – I she will leave “luck” for future feel ‘very poor things’.” generations. (When I look at Anwar’s and Ezam's children, I feel like crying. I felt humbled and truly privileged When I look at the wives of the to have met and talked to Tuw Ah Anwar's younger sister and brother-in-law ISA detainees, I feel sorry for Mei. q

Aliran Monthly : Vol.22(4) Page 11 LAND RIGHTS Victory For Orang Asli In Land Right's Case Judge says we have to go forward and be a leader in indigenous rights as well by Center for Orang Asli Concerns (COAC)

herefore, to be keeping “T“T with the worldwide rec- “T“T“T ognition now being given to aboriginal rights I conclude that the propri- etary interest of the Orang Asli in the customary and ancestral lands is an interest in and to the land.

“My view is that, although I am inclined to wear blinkers in con- sidering the issues involved in this case by confining only to our existing laws and social condi- tions, I am compelled not to be blinkered by the decisions of the court of other jurisdictions which deserve as much respect, in par- ticular on the rights of the abo- Justice at last. Lawyers and Temuans outside the court after judgement was passed riginal people which are of uni- versal interest, especially when there is no clear and plain indi- cation to the contrary in our laws.”laws.”laws.”

In a landmark decision on 12 April 2002, the Shah Alam High Court ruled that the Orang Asli of Malaysia have a proprietary in- terest in customary and tradi- tional lands occupied by them and that they have the right to use and derive profit from the land. This is an extension of the princi- The Temuan land that was forcibly taken in 1996 for the Nilai-KLIA highway

Aliran Monthly : Vol.22(4) Page 12 ple previously recognised by Malaysian courts in the Adong case in 1997 where it was ruled that their rights were usufructuary rights (rights to use and derive profits) over the land.

In a further landmark ruling, the court held that any acquisition of Orang Asli land could only be un- dertaken under the Land Acqui- sition Act and that compensation must be paid according to the rates prescribed under the Act. In Some of the plaintiffs with their map showing the land the court now says rightfully this respect, the court ruled that belongs to them. Orang Asli land enjoyed consti- tutional protection under Article damages for trespass. 2001 and a further submission in 13(1) relating to property, and February 2002. therefore, it implies, that the rates In all, the judge ruled in favour of of compensation provided under the Orang Asli Plaintiffs in seven The Orang Asli plaintiffs Section 11 and 12 of the Aborigi- out of the eight declarations sought a declaration that they nal Peoples Act, which provides sought. (Tthe 8th declaration not are the owners of the land by only for loss of crops and dwell- granted was that the said lands custom, the holders of native ti- ings, would be unconstitutional. are classifiable as “Malay reser- tles to the land and holders of vation land” within the wide usufructuary rights (rights to In another significant ruling, the meaning of that term in Article use and derive profits) to the Court held that the government 89(6) of the Federal Constitution land. They claimed that their owed a fiduciary duty towards and as such the same protections customary and proprietary the Orang Asli and this was would apply to Orang Asli cus- rights over the land which they breached when the land was ac- tomary land.) and their forefathers and quired without adequate notice foremothers have occupied and and compensation made under The judge also ordered costs to the cultivated for many years was the Aboriginal Peoples Act. Ac- paid to the Orang Asli plaintiffs. not extinguished by any law. cordingly, the Court ruled that the Assessment of compensation and eviction was unlawful and that damages was relegated to the They also claimed compensation the present occupiers of the land Court Registrar. for breach of their legal rights un- – viz. United Engineers Malaysia der the law and Federal Constitu- Berhad and the Malaysian High- Brief Background tion, special damages and costs. way Authority (LLM) – had com- mitted trespass and need to pay In this case, seven Temuan Orang The case was heard before the Asli sued the Federal and State High Court Judge, Datuk Wira Governments, United Engineers Mohd Noor Ahmad. He has since (M) Bhd and the Malaysian High- been promoted to the Court of Ap- way Authority for the loss of their peal. The lawyers for the Orang land and dwellings when their Asli were from the Human Rights land in Kampung Bukit Tampoi, Committe of the Bar Council and Dengkil, Selangor was acquired in handled the case pro bono (i.e. 1996 to build the KL-Nilai High- without fee). The team was led by way for KLIA. The case was heard Datuk Dr. Cyrus Das and ably as- over 32 days from 5 December sisted by Jerald Gomez, Rashid 2001 to 29 March 2001, with writ- Ismail, Sharmila Sekaran and ten submission being made in July Leena Ghosh. q

Aliran Monthly : Vol.22(4) Page 13 HUMAN RIGHTS

The New Abu Talib-led Suhakam: Still An Independent Commission? Or BN’s Tool?

he and advancing human rights? government has termi- TTT nated the services of Pro- As Attorney-General, Abu Talib fessor Mehrun Siraj and instructed the police to destroy Tan Sri Anuar Zainal Abidin as eleven (11) videotapes and four (4) members of Suhakam, and ap- envelopes with thousands of pho- pointed Tan Sri Abu Talib as tographs which constituted the Suhakam’s new Chairman. critical evidence in the D. P. Vijandran ‘sex scandal’ which In doing so, the BN government was even then under investiga- of Prime Minister Datuk Seri Dr tion. Mahathir Mohamad has again demonstrated its contempt for It was also none other than Attor- any meaningful protection of hu- ney-General Abu Talib who led man rights in this country. honest and diligent commissioner. the impeachment of former Lord He led the ‘Kesas Highway’ in- President Tun Salleb Abas, and Perhaps the BN government vestigation which concluded that five Supreme Court judges. The hopes to fool the people once more. the police had used excessive public has never forgotten that But the public understands very force on the protestors. those impeachments, which led to well the meaning of these changes the dismissal of Salleh Abas, Wan to Suhakam’s composition. These The BN government offers no jus- Suleiman and George Seah, were changes have confirmed the pub- tification for terminating Mehrun sordid politically-motivated lic’s worst fears that Suhakam will Siraj and Anuar Zainal Abidin’s moves that wreaked havoc on the cease to be an independent com- services. We give a simple expla- integrity of our judicial system. mission and instead become an nation: these two outstanding outright tool of the BN govern- commissioners were pushed out Abu Talib was also the kind of ment. because of their independence, Attorney-General who was courage and honesty. mean-spirited enough to liken On the one hand, by dropping the solitary confinement of ISA Mehrun Siraj and Anuar Zainal On the other hand, with Abu Talib detainees to placing them in Abidin the BN government has as its Chairman, Suhakam may ‘single rooms’ presumably as if exposed its disdain for any inde- not even display any pretence of our prisons were hotels. After pendent Commissioner. For the autonomy, let alone conduct seri- Operasi Lalang, Abu Talib even record, Mehrun Siraj was coura- ous investigations into human argued in court that ‘since com- geous and correct to call it ‘pre- right abuses in this country. plaints of maltreatment were not posterous’ that Suhakam’s former made on behalf of all the appli- chairman, Tan Sri Musa Hitam, Where in Abu Talib’s public cants (who had applied for writs should say that human rights record has there been any indica- of habeas corpus) it must mean ‘will have to take a back seat in tion that he was committed to the they were happy in detention’ the fight against terrorism’. true spirit of upholding the rule (Aliran Monthly, vol. 8, no. 1, Anuar Zainal Abidin, too, was an of law, protecting civil liberties 1988).

Aliran Monthly : Vol.22(4) Page 14 Never since any of these incidents has Abu Talib recanted his cal- lous comments or shown a fresh belief in the sanctity of human No Engagement rights. Has Abu Talib said any- thing to show a trace of sympathy for former ISA detainees and their With Suhakam families? Has he uttered a word in defence of the rights and liber- ties of numerous citizens detained For 100 Days under ISA since April 2001.

To our knowledge, the newly ap- Government's lack of respect for SUHAKAM pointed Commissioners - Tan Sri and indifference to human rights earns the Ramon Navaratnam, Hasmy Agam, Dr Abdul Monir Yaacob, ire of 32 NGOs Asiah Abu Samah and Dr Raj Abdul Karim - are little known to the cause of protecting human rights in this country. None of them, to our knowledge, has stood up for the protection of civil liber- ties and human rights in Malaysia or spoken out against the BN gov- ernment’s abuse of human rights. All of them may have distin- guished themselves as senior civil servants under the BN. However, the public can scarcely take that as an assurance that they will defend basic freedoms and constitutional rights against the BN’s abuses. he first term of office of and the Freedom of Assembly Re- Suhakam Commission- port, whereas the Kesas Report As a public institution Suhakam TTT was established by an Act of Par- ers has lapsed on 24 submitted after a public inquiry liament for the protection and pro- April 2002. It is impor- earned the disdain and wrath of motion of human rights. But ob- tant therefore to ask whether the the Prime Minister, who summar- viously that such matters meant state of human rights has im- ily dismissed it as a product of little to Dr Mahathir and the BN proved over the last two years and “western bias”. government. Acting as the sole to what extent if at all human judge who determines who comes rights has been protected and pro- It is therefore obvious that al- or stays or goes within Suhakam, moted in the country. though as a public institution, Dr Mahathir and his BN govern- Suhakam was established by an ment betray their self-serving view During their term, Suhakam had Act of Parliament for the protec- that all public institutions are submitted a number of reports in- tion and promotion of human playthings for them to manipulate cluding the first Human Rights rights, the Government itself has for narrow political purposes. Report to Parliament, the Kesas shown no respect for or recogni- N.B: Conclusion awaits decision Highway Inquiry Report and the tion of their recommendations. of Friday meeting as to position Report on Freedom of Assembly. NGOs and other parties should The NGOs note with deep con- The NGOs’ position is that in fact take a vis-à-vis the Abuy Talib-led cern that the Government has over the last two years, the state of Suhakam. q largely ignored the maiden report human rights in the country has

Aliran Monthly : Vol.22(4) Page 15 deteriorated with increasing num- society that the Commissioners Thirdly, as far as the appointment bers detained without trial under who have been dropped are of the new five (5) Commissioners the Internal Security Act (ISA), among those who have actually is concerned, the NGOs note the with blanket police ban on assem- discharged their statutory duties preponderance of retired civil serv- blies, with restrictions to the right in the protection and promotion ants in the new Commission. Our of free speech and expression and of human rights, without fear or concern is whether persons used with further restrictive amend- favour. to the role of policy implementors ments to the election laws all of can objectively assess and critique which have further denied our The fact that the three (3) Commis- Executive policies which impinge democratic space. sioners have now been axed, is a on human rights. clear signal to the other Commis- The NGOs further note that to sioners and the new ones ap- Given these circumstances, the date, the Government has yet to pointed that their tenure is de- NGOs have by consensus decided demonstrate its commitment to pendent on the Executive. that they will for a period of one and respect for universal human hundred (100) days from the date rights principles by ratifying the This clearly compromises and un- of the appointment of the new international instruments of hu- dermines the independence of the Commission on 24 April 2002, man rights, namely the Interna- Commission and will inevitably suspend all engagement with the tional Covenant on Civil and Po- result in loss of public confidence Commission. litical Rights, the International in the Commission as a whole. Covenant on Economic, Social During this period, the NGOs will and Cultural Rights and the Con- Secondly, as far as the appoint- not have any dialogues with vention Against Torture. ment of the new Chairman, Tan Suhakam nor will they send any Sri Abu Talib Othman, is con- memoranda or complaints to the Nor has Suhakam been seen to cerned, the NGOs note that there Commission. monitor the Government’s compli- is nothing in the public record that ance with regard to their recom- he has been committed to the true In the meantime, the NGOs will mendations. This leaves the im- spirit of protecting civil liberties monitor the Commission in the pression that Suhakam is a mere and advancing human rights. discharge of their statutory du- public relations tool created by ties in respect of pending com- the Government to give the ap- In fact, as the former Attorney- plaints and inquiries, including pearance that it is concerned with General, he led the Government’s the inquiry on the ISA deten- human rights issues, but in fact defence to justify Operation tions and the inquiry on having no genuine intention to Lalang in 1987, which was Kampung Medan. introduce real and meaningful among the largest and widest ISA changes in administration and swoops in independent Malay- The NGOs will further note to governance to evolve a proper sia, and marks one of the darkest what extent Suhakam will moni- human rights culture in Malaysia. episodes in the chapter of human tor the Government’s compliance rights abuses in the country. with previous recommendations Of further concern to the NGOs is on various human rights issues the impact on the independence He was also the Government pros- contained in the maiden report to of Suhakam arising from its new ecutor who led the impeachment Parliament and the other composition, with the non-re- of former Lord President Tun Suhakam reports. newal of the appointments of Tan Salleh Abas and five (5) Supreme Sri Anuar Zainal Abidin, Puan Court Judges, which led to the dis- Upon the expiry of one hundred Mehrun Siraj and Datuk Dr. missal of Tun Salleh Abas, Tan Sri (100) days, the NGOs will meet Salleh Mohd Nor. Wan Suleiman and Datuk George once again to review their posi- Seah, and the destruction of the tion, in relation to their future en- Firstly, it is the perception of civil independence of the judiciary. gagement with Suhakam. q

Aliran Monthly : Vol.22(4) Page 16 LABOUR Retrenched Estate Workers Protest Outside Plantation HQ Company officials refuse to dialogue to settle grievances ore than 200 workers gency to discuss. who gathered at Wisma Most of the workers MMM Guthrie in Kuala had lost their jobs af- Lumpur failed to get a ter Guthrie decided chance to have a decent dialogue to sell the estates for with Kumpulan Guthrie on 4 development or carry April 2002. out replanting (from rubber to oil palm). The workers were from Kamiri Estate and Changkat Salak Estate They had lost not in Perak and Bukit Tinggi Estate, only their jobs but Midlands Estate and Ampar also were about to Tenang Estate in Selangor. lose their homes. Their grazing Within a short while, the Deputy grounds were going to be seized OCPD went into the building. The workers had gathered from from them. They were left high and Soon it was lunchtime. But the 11am, hoping that Guthrie would dry with just a minimum compen- workers carried on, still spirited. meet and consult with a delegation sation under the law (amounting Maybe after realising that their of workers. They unfurled banners to about RM300 per year of serv- lunch was at stake, Guthrie fi- and placards and chanted various ice), for their three generations of nally had to give in. The police slogans: “Guthrie kaya, pekerja sacrifice to the company and the brought along the reluctant Direc- miskin” (Guthrie rich, workers country. tor of Plantations, Abu Hanifa. poor), “Kita kerja - dia kaya” (We Sour-faced, he came down to col- work, they get rich), “Jangan hisap The police intervened at one point lect the memorandum. darah” (Don’t suck blood), Guthrie and said that they had orders - runding.” (Guthrie - negotiate). from the OCPD to disperse the Two representatives read the people. The people who had gath- memo as Abu Hanifa fidgeted But even as these cries pierced the ered then decided that they would impatiently. For workers gathered usual tranquillity of the high- rather get arrested than go back there, Abu Hanifa, it seemed rep- class Jalan Gelenggang area empty handed. They even told the resented the face of Guthrie: un- where Guthrie is located, Guthrie officer-in -charge to send in many grateful. The workers were quite officials made an absurd request trucks because that is how they convinced that nothing but hun- to send one representative. Even will be leaving if the need arose. ger drove him down to collect the the police felt that Guthrie was memorandum - for if the workers being been unreasonable. Guthrie’s arrogant stand was had decided to stay on, none of matched by the solidarity and them would have been able to go Losing Jobs. spirit of the workers. The workers for lunch. Losing Homes then took the struggle a step for- ward by staging a sit-in at the only The workers have no illusions The workers shrugged off this exit point of Wisma Guthrie. They about Guthrie. But they will not laughable request and sent them sat down, sang workers songs give up, and this will certainly not packing. The workers had come and made speeches sharing their be the last time they shake up all the way to meet their employ- plight with their others. Guthrie. Maybe in future they will ers after giving them ample no- learn to say at least thank you af- tice, and they had matters of ur- This new approach bore fruit. ter exploiting the workers. q

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Aliran Monthly : Vol.22(4) Page 18 member him?) had in its second, third and fourth issues claimed to have exposed Azalina as a les- bian. Some incredibly candid and sensational things were men- tioned about the Puteri chief. , May 1, 2002 in an article by Joceline Tan (“Rising star learns politics has a price”) provides bits of the juicy information and I will rely on this source since I have not been able to grab copies of the fast dwindling and now suspended tabloid.

According to The Star, the tab- loid’s series of articles alleged that Azalina had bought a RM300,000 Mercedes car for her supposed Déjà vu, Azalina? ated with Puteri UMNO head lover. Azalina has naturally de- . It has nied these suggestions as “total The hottest news, or should we taken on tones that have an un- lies” but has demurred from su- say ‘manufactured hot news’, that canny similarity to the Anwar ing the tabloid and Khalid Jafri to has hit the headlines for most of episode. A weekly tabloid, Perdana date. Said she, the people behind the month has been that associ- Sari, published by Khalid Jafri (re- the reports were mentally not sta- ble and “I will not waste money to take legal action against the paper” (The Star, May 2, 2002). The PM had also got involved and advised her to ignore the accusa- tions (again, familiar lines). Said Mahathir, “These are the type of people who are bankrupt with no work. They make malicious accu- sations because they want public- ity.”

But wait a minute, Mr. PM, wasn’t crucified by just these kinds of people?? To be ex- act, by the precise personage of Mr. Khalid Jafri who penned the scan- dalous 50 Dalil Mengapa Anwar Tidak Boleh Menjadi Perdana Menteri!

Poor Lina was reduced to a bunch of rhetorical rebuttals but not to tears – she’s too tough for that, this taekwondo blackbelt-er. Replying to Khalid’s tabloid taunts, she

Aliran Monthly : Vol.22(4) Page 19 “Ada Dalil Mengapa Azalina Mahu Half-A-Brain Jadi Ketua Puteri UMNO”!! Can Be Great!

Q Q Q Q Q A fading personality is in the news again in a legal action after a long UMNO Caught By drought. Her RM60 million suit Its Own Petards against PAS and four others in- cluding writer Sabri Zain concerns UMNO apologist Shamsul the latter’s celebrated article in the Akmar (New Straits Times, May Harakah (March 22, 1999) during 4, 2002) has come up with an the reformasi heyday entiltled “ Ma- interesting reflection on the laysia Sweeps 10 Oscars”. Azalina affair (what else can one call it?). He takes the moral Ummi Hafilda Ali, the plaintiff, high ground by opining that claimed that the article defamed people without moral standing her and injured her character, should not be passing moral credibility, reputation and her judgments. Who can quarrel business. Under cross-examina- fired back: “Are you saying I am a with that? Ending on a morose tion, Ummi said that the article lesbian because I am unmarried note, he says: “had condemned her to the low- and don’t have a husband or chil- est level by calling her a prosti- dren? Is it because I wear “…. It would indeed be sad if the tute” (The Star, May 4, 2002). pantsuits and don’t cover my movement (Puteri UMNO) suf- head? Is it because I talk and laugh fered because its leader has been One should make no remarks loudly? Is it because I don’t look maligned for actions which Malay about an on-going court case as feminine or giggle?” Muslims find unpalatable. Worse one can be held in contempt. But I would be if the Malay Muslim must say that in this litigious day Poor, poor Lina, you just got community at large decides that and age, the mighty, rich and baited! You have to show incon- the accusations are true, whether powerful one can often take po- trovertible proof to the contrary proven or otherwise.” litical opponents and the media and even then it may be too late to to the cleaners with libel suits, shake off the muck. But worse, if Well, Mr. Shamsul I hate to in- something which some claim Sen- you continue to evade the main form you that ethics and moral- ior Minister Lee, south of the bor- accusation, you’ll be truly and ity have never been the feature der does with great efficacy. I read surely nailed. Hasn’t the Anwar of UMNO politics recently and recently that he will be suing To- episode provided all the neces- especially since the Anwar cri- ronto’s Globe and Mail for some- sary lessons for dealing with the sis. The Anwar episode itself thing it wrote about former presi- likes of a Khalid Jafri? demonstrated the most menda- dent Devan Nair, who now lives cious and darkest depths a party in exile in Canada. LKY, it would Azalina, Puteri UMNO and the could sink into by using the self- appear has brought a new twist PM have remained in deep denial. same hatchet man that will now to globalization with his trans- Some damage control has kicked be Azalina’s nemesis and inevi- continental legal suit. in and Perdana Sari has been sus- table undoing. pended for three months but os- No doubt, LKY is a brainy guy but tensibly not for the Azalina ex- There’s a thing about hatchet man if you ask me, anyone with half a pose but for its sensational and though – they’re often hired guns. brian can still get away with a libel graphic depiction of ‘Sex on Cam- I wonder who is the ‘musuh dalam suit if one has a good lawyer, the pus’ in its fifth issue. But watch sarong’ (enemy within) this time sympathetic ear of the judge and out you guys, three months down around? the blessings of the powers-that-be. the road or earlier Khalid will come out with a book entitled Q Q Q Q Q Q Q Q Q Q

Aliran Monthly : Vol.22(4) Page 20 Maha-Mutterings litter! What an unspeakable ing one of his rare visits to his cruel thing to do – skinning a constituency of Kubang Pasu. cat! That the PM is fond of the The statement is a classic non se- expression does give us a deep quitur conflating humble occu- insight into his psychological pations and political success. make-up. A penchant for pain The fact of the matter was that, and some S & M, maybe? as an adult, Mahathir was first and foremost a doctor by profes- • “I hope no one will hold on to sion not a goreng pisang seller. the belief that I will remain as Secondly, he rose to political in- Prime Minister for as long as I famy long before he attained live. While I appreciate the con- political success. And the route fidence the people have in me, to power was strewn with poli- when the time comes, I will have ticking. He was expelled from to go.” UMNO after he wrote a scandal- ous letter attacking the Tunku in That famous refrain! Spoken at the aftermath of May 13, 1969. the May Day rally for public sec- The next quote shows how tor workers when an idiotic Mahathir became PM almost by questioner from the floor asked chance. Our obsequious papers are each if he would stay at the helm for day peppered with the as long as he lived. The PM’s • “In the end, I could only become speeches, comments, utterings answer is an important insight Prime Minister following the and mutterings of our ministers. into his delusional sense of self- deaths of two UMNO leaders And nary a day passes without importance. Consider the words Tun Dr. Ismail and Tun Abdul an earful or faceful of the PM’s ‘for as long as I live’. The idea of Razak. And even when Tun words or voice, so I decided to leading the country is no longer Hussein became Prime Minister, put together and annotate some linked to the fact that he does so he could have chosen anyone as of the man’s quirkiest state- because he happens to head the his successor. Many wanted the ments last month as an antidote ruling party (UMNO) and rul- post of Prime Minister but Tun to the incessant propaganda of ing coalition (BN); it is entirely Hussein eventually chose me.” his minions. because of Mahathir qua Mahathir! Soon, some may want This statement hints at the truth • “People know that there are him to lead the country even but leaves out a host of fairly many ways to skin a cat. (Re- when he’s dead and gone; in- well-known details and stories ally!!) We have chosen the un- deed, human cloning is on the about how Mahathir was cho- orthodox way and the cat has scientific horizon. sen. One popular vignette goes been neatly skinned (Yeow!!). like this. Hussein had actually The method does not count.” • “Who would have thought that chosen Ghazali Shafie but the (Exclamations added). a goreng pisang seller at Pekan UMNO rank and file objected Rabu like myself could one day and offered the names of Speech given at the 35th Pacific become Prime Minister? I used Razaleigh, Musa and Mahathir. Basin Economic Council meet- to fry bananas. But in the end I Hussein eventually picked ing in KL. managed to become Prime Min- Mahathir after much rumina- ister. Still this does not mean tion and only he can tell us why! The PM was boasting about Ma- that all of us should go out and As Mahathir himself intimates, laysia’s economic recovery after open up goreng pisang stalls.” many Chinese were shocked handling the Asian Flu. In the when he became Prime Minis- first place, whoever came up Going somewhat “bananas’ af- ter. with the expression deserves to ter talking about the problems of be buried in six feet of used cat UMNO Puteri in Jitra and mak- • “Some of them (Chinese) be-

Aliran Monthly : Vol.22(4) Page 21 lieved that I was supposedly However, let me take the occasion anti-Chinese, but now they sup- of a response to Dr. Khalidah to also port me, sometimes stronger add that the phrase used is of than the Malays do.” course semiotically associated with the Bard’s most famous soliloquy, How true! The ‘average’ Chinese spoken by a grieve-stricken Ham- Malaysian opinion has come full let, who was contemplating the circle from the days when value of life itself, viz: Mahathir was thought to be an “ultra” (an extreme Malay nation- To be or not to be, that’s the question alist) to a view that sees him as Whether t’is nobler in the mind the epitome of moderation, while To suffer the slings and arrows of the Malays are the ones who re- outrageous fortune cently foisted names on him like Or to take arms against a sea firaun, Mahafiraun and Mahazalim of troubles Now, is there any chance that this And by opposing, end them? If the individual old leopard will change its spots? No, the old Mahathir modus oper- Hamlet’s ‘death wish’ makes one ceases to count, andi remains – in politics, I have think of the Palestinian suicide no permanent friends or enemies, bomber of today, often young, ide- what is left of society? only permanent interests, mine!! alistic but bitter about the unend- ing injustice inflicted upon his or Individual freedom (Quotations are from NST, May 1, her people. 2 and 7, 2002). alone can make And indeed, social and political Q Q Q Q Q acts associated with religious a man voluntarily strife especially since 911 have en- To Be Or Not To Be, tailed decisions of life and death surrender himself That’s The Question in many parts of the globe. This was epitomized by 911 itself. Re- completely to the I would like to thank Dr. ligious conflict has become so in- Khalidah (not her real name) tractable that it seems to have service of society. from Kelantan for conveying her nudged humanity towards a col- view that my play on the words lective death wish; witness the If it is wrested from him, “Tu dung or not tu dung” (Vol. horrendous events in Palestine, 22, No.1) may be offensive to the horrific religious bloodletting he becomes Muslims. She averred that the in Gujerat, events of the now al- phrase was meant to evoke most forgotten American-led anti- an automaton something “shitty” about don- Taliban war in Afghanistan, Mus- ning tudungs. I hasten to re- lim-Christian strife in Maluku, et and society is ruined. spond that no such meaning cetera, et cetera. was intended and if it was so No society can possibly taken, dear reader do accept my Hopefully Dr. Khalidah and oth- humble apology. I merely took ers like her would help us renew be built on a denial of the phrase to be a concatenation out faith in the universality of re- of ‘to don or not to don’ or per- ligious beliefs, morality and eth- individual freedom. haps ‘to dunk or not to dunk’. I ics as the only sensible platform hope nothing written in this col- to bring about an end to religious umn will be construed as aim- strife. ing to insult any religious faith. Gandhi None is ever intended. D.L. Daun

Aliran Monthly : Vol.22(4) Page 22 ALIRAN AT THE UNITED NATIONS Why The Stunning Silence?

Is Suhakam out on a fishing trip? by Deborah Stothard

iolations of civil and po- VVV litical rights in our coun- VV tries are the main reason many NGOs from the South travel the distance to Ge- neva so that the voices of our con- stituencies can be heard. None of us would risk the retribution or the expense of being here if not for the fact that the violations of our civil and political liberties deny us the ability to advance our eco- nomic, social and cultural rights.

It is quite amazing to note how Kyi enjoys the “freedom” not to stopped taking water because the errant governments work so hard leave her house, or why scores of authorities have not hospitalised to defend themselves in the Com- political prisoners in Burma re- their fellow hunger striker Dr mission through public state- main in jail despite having com- Badrul Amin Bahron, who is criti- ments, lobbying, caucuses and pleted their sentences? For the cally ill. various creative strategies. If they past 18 months, I have been con- used similar vigour to uphold tinually assured that these politi- The six have been detained with- human rights in their own coun- cal prisoners will be released out trial under the draconian ISA tries, we would not need to be here. “soon.” One wonders if those who for the past year. The hunger urge us to be patient would be so strike is their last resort to seek I have been advised that it is not patient themselves if they had to release or trial in an open court polite to use my three and a half suffer extended house arrest or since numerous petitions that minutes merely to condemn the lengthy jail sentences without submitted to the government re- lack of rights in my region. I must room service. main unanswered. admit that despite the grave in- crease in violations of civil and On the question of Malaysia, To quote Tian Chua, who is one of political rights in Southeast Asia, Aliran would like to alert mem- the hunger strikers: “We have no most of us still enjoy some bers of this Commission to the interest in damaging our health. freedoms. For example, freedom to current urgent situation. Six de- No rational person would. How- vote for the ruling party, freedom tainees of the Internal Security Act ever, the hunger strike is the only to think exactly like the govern- have been on hunger strike since available option to press for our ment, freedom to tolerate human April 10. Ezam Mohd Noor, rights. The Home Minister must rights abuses. Lokman Noor Adam, answer our demands. He has to Hishamuddin Rais, Tian Chua explain to the public how our pre- Is this why Daw Aung San Suu and Saari Sungib have also vious activities had threatened

Aliran Monthly : Vol.22(4) Page 23 national security. [The public should not forget, exactly a year ago - April 12, 2001] - the IGP told the press that we had stockpiled rocket launchers, bombs and other IF THERE IS weapons for a plot to stage an armed insurrection.” NO STRUGGLE, “Until today, the public has not seen a trace of these weapons. [Un- THERE IS NO PROGRESS less the authorities present the truth by bringing us to court, we will continue with our hunger strike].” The whole history of the progrss of human liberty Today, family members of the hun- shows that all concessions yet made to her august ger strikers lodged a police report in against the claims have been born of earnest struggle ...... If Home Minister, Abdullah Ahmad there is no struggle, there is no progress ...... Badawi, and the Kamunting De- tention Camp for denying detain- Those who profess to favour freedom and yet ees adequate medical treatment and access to their lawyers. deprecate agitation are men who want crops without ploughing up the ground, they want rain without The detention camp authorities have started lying about the health thunder and lightning. They want the ocean without status of the detainees [to family the awful roar of its many waters. This struggle may members who called to find out the latest information]. Family be a moral one, or it may be a physical one, or it may members were told that the detain- ees were healthy and camp super- be both moral and physical, but it must be a struggle. visors were out. One family was Power concedes nothing without a demand. It never told the deputy head of the camp had gone on a fishing excursion. did and it never will ...... Men may not get all they

I also note with concern that while pay for in this world, but they must certainly pay for Suhakam, the National Human all they get. If we are to get free from the oppression Rights Commission, was able to visit the hunger strikers, they and wrongs heaped upon us, we must pay for their have not made any statement on removal. We must do this by labour, by suffering, by the matter. Why this stunning si- lence? Are they out fishing too? sacrifice, and if need be, by our lives and the lives of

Thank you. others.

Frederick Douglas The above speech was Great National Afro-American Leader delivered at the UN in Geneva on 16 April 2002.

Aliran Monthly : Vol.22(4) Page 24 INTERVIEW Suffering For The Truth

You fight for something which is true, which is correct, and in the end, God will help you.

How does one spend 17 years in detention without com- promising one’s principles? Former Utusan Melayu editor and press freedom pioneer Said Zahari shares with us his spirituality, and says his faith in a God of justice and truth was the light that sustained him dur- ing those long dark years.

Charter 2000: You spent 17 years arrest, then they will release you. in detention. It must have been a very lonely and bitter experience. And if you refuse to do that, then What kept you going? they will continue (to detain you) unity of our people. We wanted to because under the ISA, they can have a democratic Malaya with a Said Zahari: Actually I was in continue the detention every two truly democratic government, prison proper for almost 16 years years. When I reached my fifth de- practising social justice and anti- – you know, prison walls, prison tention order, which is entering colonialism and anti-imperialism. cells, everyday being locked up the 10th year, I knew political On that principle alone, somehow day and night - and then almost a change had taken place in Singa- I sort of kept myself alive, so to year in exile. pore and Malaya. Singapore had speak, for that long in prison. come into Malaysia, been kicked In all this period, I must say that I out of Malaysia, became inde- Many people were wondering never thought in the first place pendent and so on. whether it was worthwhile: “If that I had been detained for so you had come out, maybe you long. During the first couple of So it was again as a matter of prin- could have done something out- years in prison, I knew that as ciple: first, as a journalist on the side.” long as I stood by my principles – freedom of the press; second, as a you know, I refused to compro- politician – though I had not even I asked them: tell me, those who mise with them – compromise entered (the political fray) nor had given up, those who had con- here means to admit to what they been allowed to be active in poli- fessed their ‘mistake’ although accuse you of having committed. tics; hours after my acceptance of they did not commit any ‘mistake’ Once you admit that - meaning the leadership of the party (Parti in the first place, those who had you cooperate with them - you Rakyat Singapura), I was arrested. sold their souls for their freedom - help them justify why you were tell me, (was there) anyone (among in the first instance arrested and In other words, (it was) the prin- them) who could have done some- detained for so long. Having ciple of fighting for justice, social thing after their release? None. We helped them to justify your own justice, for freedom, and for the had seen many - issued a state-

Aliran Monthly : Vol.22(4) Page 25 ment, came out and then suddenly did your spirituality, God, and Hinduism. It took me months to disappeared – lost in oblivion, po- Islam have to play in your strug- read all these books – before I got litically speaking. gle?gle?gle? a better understanding of the role of religion in our life. So I knew about it. (At times I won- Said:Said:Said: I think basically it did. I am dered), if I give up today, maybe I a Muslim by birth. And maybe my And I must say that I learnt more can do something. But that some- devotion to Islam – the way I look about Islam, even as a Muslim, in thing was non-existent. prison than outside prison. I was arrested at the age of 34, and my Someone said, “You know, Said, Islam was more ritual than real a free mouse is better than a caged understanding of what religion is tiger.” (Laughs) “Even a mouse, if all about. But in prison I started to it is free, at least it can run around read books on Islamic philosophy a little bit; it can do something. But and so on, especially the transla- a caged tiger can’t do anything.” tion of the Qur’an. I knew the Qur’an; I knew Islam well, I said, “You may be right, but a through the English translation. free tiger, whose gigi (teeth) had already been pulled out (Laughs), So in this sense, when I look back, there is nothing you can do.” what gave me the strength? I (Laughs heartily) found one thing very certain. First, in Islam (what) is called the I mean that was the kind of criti- iman, the faith. And it was this cism or rather advice (I received). faith, this iman, that sustained me. I don’t blame them; they meant It is difficult for you to understand well. They were sympathetic, you at it from the situation now – I must unless you go through this expe- know. Even a couple of friends say that I learnt more about Islam rience, the detention, especially who thought that I should give up when I was in prison - which is during the solitary confinement. and come out - including the Mas- the irony of it. You see, it was during the solitary ter of Cambridge University, confinement that you can either when he wrote to me, as an older Before my arrest, when I was go mad or you can quickly raise man perhaps. young, I picked up all this the white flag. So if you go mad, if Islamic…mainly ritual, rather you want to fight on and yet, you He said: “You know, you have than understanding what Islam can’t do anything…what can give spent so many years in prison. was really all about. I prayed…I you strength to continue to fight? Nobody will ever quarrel with fasted during the fasting month you if you accept the suggestion betul-betul puasa, tak makan satu Or otherwise, okay-lah you raise by the government to get yourself hari, lapar…I could stand it….so the white flag, and hope if you are freed and released, take care of far as that is concerned, I don’t out at least you can do your children” and so on. know whether I can call myself a something…this is what hap- good Muslim at that time, you pened to some of our friends who Now this was all sincere advice, know, as a child… were taken in under ISA. After a concern, but without thinking of few days or a couple of months, the struggle - what I was fighting It was only after I went to prison they decided to go back to work, for. that I came to look into religion, to change their attitude, or to sort not just Islam. I started looking for of recant their activities in the Charter: Nowadays, you hear a books. I asked for the Qur’an, the past. lot about Islam in current affairs translated version. I asked for al- and all that. Obviously you must Kitab, the Bible in Malay. I also In my case, it was only mental tor- have been quite a devout Mus- had the New Testament. I read ture; they didn’t touch me physi- lim at that time as well. What part some books on Buddhism and cally – maybe because of my posi-

Aliran Monthly : Vol.22(4) Page 26 tion, my status in society. But the pray in prison), susah (difficult), mental torture was worse than dirty place. physical (torture) – it is ‘better’ to be slapped a few times, you Some people become more de- know…like they slapped Syed voted when they are in that kind Husin…and after that it was of situation. Suddenly they think over…but the mental torture stays. of God all the time.

That was the period of time, I But in my case, it was not so. I didn’t know…but something knew I was doing the right said, “You are doing the right thing; thing…through my understand- go ahead, endure it.” I didn’t know ing of religion rather than through what that meant until later when performance of ritual. more reading material was given, when I had studied the Qur’an, I read to study rather than to just the Bible and a few other books read. So if you look at my Qur’an on Hinduism, Buddhism, I found that I had in prison, oh macam- one thing: you must have faithfaithfaith in macam underline, with notes on something that you are fighting the side. So it was more studying, be Malay or must be Muslim – all for. You get the strength from that. it was more trying to gain knowl- the people, all religions. So that is edge from it rather than the hope the kind of belief that I had. And I In my case, being a Muslim, I got that by reading I would suddenly think it had a lot to do with my this kind of keimanan (faith), get all the rewards. I never both- religious understanding – when I which gives me strength, because ered about rewards of the afterlife. stood by the principle of justice, when I read through I found that That is up to Him – if He wants to of truth. Truth – I always believe whatever happens to you, ulti- give. in that. mately, in the final analysis, is decided by God. Charter: How did you connect When they talk about Islam nowa- your faith with your struggle for days, they tend to look at a very It was not because God wanted social justice, with socialism as narrow interpretation of Islam. me to go through this. It was be- well?well?well? They look into the doctrine of Is- cause when you stand by certain lam but not emphasising the spir- principles in life that you want to Said:SaidSaid I think it is very closely con- itualism of Islam. Some of them fight for, you have to go through nected. In Islam, if you look at the even calculate that if I pray so this. But God never allows any- role that Prophet Muhammad had many times, I get more rewards…. body to be in that kind of situa- played, to the have-nots, to the tion forever. Up to a point. people who suffered, to the or- Not for us. We just do what we phans, and to the orang susah, think is right; what we need to do, So it was in that kind of situation orang bawah. If you look at Jesus and let God…since you believe in where up to a point…that sort of Christ, he did the same thing. Even God, let Him decide. changed the situation. The sacri- Gautama, he was a king. He gave fices that you had made and the up the kingship; he wanted to You must make sure that you do suffering that you had undergone understand people; he wanted to the right thing. I am not saying suddenly changed into strength. understand life by looking at what that rituals are irrelevant. But You suddenly see: since I am fight- was happening. what is important is the truth; you ing for truth, I get this kind of help. should fight for truth. Because And it is even promised by God… In my case, I always believed that truth is not given – it has to be what I fought for was true, was fought for. You (have to) fight for So that gave me strength. I was not for social justice for the people. something which is true, which a very devout Muslim who prays People to me means anybody – I is correct, and in the end, God will everyday. (Sometimes I didn’t did not specifically mention must help you. q

Aliran Monthly : Vol.22(4) Page 27 PRESS FREEDOM

Charter 2000 Seeks Endorsement From NUJ And Other Unions

o mark World Press Free- representatives of the public. filiated state consumer associa- TTT dom Day this year, Char- (To achieve meaningful self- tions. We will also be seeking en- ter 2000, a Malaysian regulation, however, repres- dorsements from prominent indi- citizens’ media initia- sive laws must first be re- viduals including journalists, edi- tive, is pleased to release the pealed.)? tors, and academics. Malay and Chinese versions of its media freedom charter. All three • the cessation of abuse and We are particularly interested in versions, including the English manipulation of publicly obtaining the endorsement of version, can now be found on owned media (such as Radio the National Union of Journal- http://www.malaysia.net/aliran/char- Television Malaysia) by the ists (NUJ), whom we have al- ter/charter2000.html ruling coalition. We demand ready approached. The NUJ, as accountable, independent, the official union of the journal- The charter provides a brief back- publicly owned media with in- ists, must surely share the con- ground to the media situation in stitutionalised safeguards. cern of so many ordinary jour- Malaysia, outlines guiding prin- nalists over the state of media ciples, and contains the following • the reform of public and pri- freedom in the country. In 1999, basic demands: vate media to ensure greater ordinary journalists submitted a professionalism and high ethi- petition to Home Minister • the enactment of a Freedom of cal standards while promot- Abdullah Badawi, calling for Information Act. ing justice, freedom and soli- the repeal of the PPPA. Close to darity. 1,000 journalists have already • the repeal of the Printing signed the petition - a commend- Presses and Publications Act Thirteen groups have so far en- able effort - though sadly, there (PPPA), the Internal Security dorsed the charter, including ma- has been no official response so Act, the Official Secrets Act, the jor groups like the Malaysian far. Sedition Act and all other re- Trades Union Congress (MTUC), pressive laws. In particular, the a federation of trade unions from The NUJ’s endorsement of Char- government must cease to re- almost all major industries and ter 2000 would provide a timely quire publishers and printing sectors with some 500,000 mem- boost to the struggle for greater firms to obtain licences to pub- bers. We will now approach the media freedom in Malaysia. We lish.? major unions affiliated to the are prepared to put the charter on MTUC to seek their respective en- the discussion table and engage • the establishment of a truly in- dorsements as well - a process in dialogue with the NUJ in the dependent self-regulated me- which we hope will raise work- hope that the union will eventu- dia council whose members ers’ awareness of the importance ally provide its endorsement. should comprise editors, jour- of press freedom. Another key nalists, government and oppo- endorser is the Federation of Dr Mustafa Anuar and Anil Netto sition representatives, human Malaysian Consumers Associa- Charter 2000 coordinators rights activists, lawyers and tions (FOMCA), which has 12 af- 2 May 2002

Aliran Monthly : Vol.22(4) Page 28 PRESS FREEDOM Journalists Call For Press Freedom, 2002 An Appeal To Suhakam to Intervene

Some 50 journalists converged at the on the distribution of critical publications. Suhakam office on the morning of World Press Freedom Day (May 3) to call for the re- Independent publisher Ahmad Lutfi com- peal of repressive laws that curb media free- plained that several vendors selling his pub- dom.dom.dom. lications had been harassed. “Unlike others who had given Suhakam a “B” or “C” grade In a packed room, five media representatives for its human rights work, I would give it a – a freelance journalist, a senior writer with a “D” or “E” for its efforts in promoting media national English daily, the editor of a Chinese freedom.”freedom.”freedom.” language newsmagazine, an independent Malay language publisher, and a journalist After the dialogue session was over, journal- from a Chinese newspaper that had been ists from independent web portal taken over - complained about the lack of me- held up framed covers of about dia freedom. a dozen publications that had been banned or shackled in the last five decades. These As Big Brother videotaped and photographed covers were taken from their unique Press them, the journalists slammed repressive Freedom Wall featuring the covers of such laws, stifling editorial censorship, and curbs unfortunate publications.

Aliran Monthly : Vol.22(4) Page 29 /www.seapabkk.org/alerts/2002/ 200205033.html on the state of the media since 1999, listing events which show that journalism in Malaysia is still under threat.

Also, while journalists and edi- tors in the licensed media are still forced to worry about the possi- bility of losing their publishing permit, those who report for the new media have been barred from attending many official functions on the grounds that they have not been accredited by the Information Ministry.

In the interests of building an in- oday is World Press Free- ists had suggested self-regulation, formed democracy, we urge the dom Day. We are here to- in the form of an independent me- Commission to recommend to the TTT day, as journalists from dia council, as an alternative to Government to repeal all laws, the traditional and new the licensing provision under the rules and regulations which re- media, to urge the Human Rights Act that has resulted in self-cen- strict freedom of expression and Commission of Malaysia to create sorship being practised in most the right to information, and that an enabling environment for me- editorial floors. a Freedom of Information Act be dia freedom, which is consistent put in place. with provisions in the Universal We continue to reject statutory Declaration of Human Rights on control of the media and we urge Inisiatif Wartawan freedom of expression and the the Commission to intervene to (Concerned Journalists from the right to information. ensure that any media council or traditional and new media) media complaints commission On May 3, 1999, the Minister of that is set up is an independent Endorsed by: Home Affairs was presented with body that does not serve to further • WAMI(Writers’ Action for a memorandum, signed by 581 re- muzzle the media. porters and editors, which called Media Independent) for the repeal of the Printing Since the handing over of the • CAT (Committee Against Presses and Publications Act. In memorandum three years ago, Takeover of Nanyang Press April 2000, the minister was pre- nothing has been done to remove by MCA) sented with the signatures of an- the obstacles that we journalists • Centre for Independent Jour- other 370 journalists who had face in the performance of our duty nalism (CIJ) endorsed the memorandum. to provide Malaysians with accu- • Charter 2000, a Malaysian rate, timely and balanced infor- citizens’ media initiative In the memorandum, the journal- mation. We attach an update http:/

Journalists must be true witnesses and the respectable. (‘Never believe anything’, said Claud Cockburn, ‘until it’s officially denied.’) Their job Journalists ought not to stand outside the closed doors is not to stand idly by, but to speak for ‘the true wit- of the powerful waiting to be lied to. They are not nesses, those in full possession of the terrible truth’, as functionaries, and they should not be charlatans: ‘your Primo Levi described the victims of Nazism. At the sham impartialists’, as Robert Louis Stevenson wrote, least they ought to be the natural enemies of the au- ‘wolves in sheep’s clothing, simpering loyally as they thoritarianism that Rupert Murdoch says ‘can work’. suppress’. They ought to be sceptical about the as- sumed and the acceptable, especially the legitimate John Pilger

Aliran Monthly : Vol.22(4) Page 30 PRESS FREEDOM Not Agents Of Western Media Imperialists SEAPA condemns Info Ministry Attacks on Thai/Filipino journalists

he Southeast Asian particular to every country. imperialists” more credit than Press Alliance (SEAPA) they’re entitled to. TTT is an organization of SEAPA therefore finds the state- Thai, Philippine and In- ments of the Secretary to the Infor- SEAPA holds that press freedom donesian journalists and their or- mation Ministry of Malaysia, is not the monopoly of any coun- ganizations. It is committed to the Zainuddin Maidin, accusing un- try or group of countries, as Mr. defense, enhancement and named Filipino and Thai journal- Maidin’s statements imply. Nei- achievement of press freedom as ists of imposing their views on ther is its achievement the result well as to the responsible and press freedom on the Malaysian of any conspiracy, but of the con- meaningful exercise of journalism press, and of acting as “agents of vergence of many factors as well and the other media professions.. western media imperialists” par- as the demonstrated need for it, ticularly distressing, and takes problematic as its exercise may The autonomy of journalists from the strongest exception to those have been in countries of diverse government, advertiser, or politi- statements. cultures and histories. cal and economic pressure, was the first principle upon which That Mr. Maidin did not, and Although it takes exception to the SEAPA was organized in 1998. seemed unable to name the jour- substance of Mr. Maidin’s state- nalists concerned suggests that ments and deplores his resort to SEAPA, however, recognizes the he was making a blanket accu- name-calling, SEAPA does affirm particularities and differences in sation against our colleagues in the right of Mr. Maidin to make the historical experience of both the Philippines and Thailand, whatever statements are to his lik- its present members as well as of whom he accuses of “mission- ing, however illogical or contrary its colleagues in the press and me- ary” journalism. This is mani- to the facts they may be. dia systems of the other countries festly untrue, and therefore un- in the Southeast Asian region. fair. If in their enthusiasm for That his remarks, however, were press freedom some Thai and made on the eve of World Press Although SEAPA is firmly commit- Filipino journalists have been Freedom Day is both deplorable ted to press freedom and to the ex- eager to communicate their ex- as well as ironic. Because they ercise of free expression, it does perience, they are not necessar- were made by a responsible offi- not seek to impose its views upon ily trying to impose it on col- cial of the government of Malay- any individual or group. Neither leagues from other countries. sia, neither do they contribute any does it believe that it can do this to better understanding among even if it wanted to. If press free- On the other hand, a commitment the peoples of Southeast Asia, but dom has been achieved in the Phil- to press freedom does not make on the contrary makes the achieve- ippines, , and Thailand, anyone an agent of “the western ment of that goal even more prob- it is the result of a natural process media imperialists” either. To say lematic. Mr. Maidin in fact de- in those countries. If it will be otherwise is to insult some of the serves censure from his govern- achieved in others, SEAPA holds most competent and principled ment for his erroneous, mislead- that it will similarly not be due to journalists in the region, many of ing and far from diplomatic state- any imposition from outside whom have been critical of the ments. forces but will as well be the con- dominance of the western media sequence of those political, eco- monopolies over global informa- Chavarong Limpattamapanee nomic, cultural and other factors tion. It is also to give these “media Acting Chairman

Aliran Monthly : Vol.22(4) Page 31 muddin Hussein says that the NUTP may be contributing to ra- cial tension in the country, while the president of Persatuan Pemuda Negara Malaysia, Steven Doss, reckons that the parties are turning the controversy into a ra- cial issue that would only destabilize the government’s ef- forts in promoting racial unity. Both of them are begging the ques- tion. The issue is one of racial dis- crimination.

The president of the Malaysia Federation of Headmasters Coun- cil, Sanip Suradi, says that we (headmasters and union) should Letters must not exceed 250 words and must include the writer's unite and put our efforts into more name and address. Pseudonyms may be used. Send letters to : important issues, such as ways to Editor, ALIRAN MONTHLY, 103, Medan Penaga, 11600 Penang, improve the education system. He Malaysia or e-mail to : [email protected] Views too is not only also begging the expressed need not reflect those of Aliran. If you are sending question, but goes on to say that by e-mail please include your message in the e-mail body itself. he wants to diffuse the contro- We do not open attachments to avoid viruses. versy on condition that the union issues an apology.

The Foundation For Those who woke the dogs up A national trade union leader, Nation Building? never got to see the report but were who has been recently re-elected ordered to say sorry. Even small for a shortened term, Zainal “Let sleeping dogs lie” children, under compulsion, will Rampak, says that there is no say sorry and shake hands but point in prolonging the matter What if they wake up, or are stirred will mutter “not fair” when they since the Prime Minister, another up? The easiest thing to do is to know that an injustice has been final sayer, had already stated that shoot tranquilizers into them and done. Is the child’s problem misunderstanding and lack of let them sleep again. They are not solved by the utterance of the communication were the causes going to sleep forever unless you word ‘sorry’? Let us not underes- for the differences. So as a result put them to sleep. timate a child. he reckons that we ought to get on with the nation-building process The allegation of segregation of The worrying thing is that a and not waste our valuable re- pupils along racial lines in 210 number of prominent voices has sources and energy on unproduc- schools by the NUTP is one of been raised, calling for tive exercises such as finger point- many issues that have seen the tranquilizers to be shot into the ing. (The Star, 27 March 2002) light of day only to be quickly bur- dogs so that they can sleep again. ied in the sand. Now that the cat is out of the bag The chief secretary to the govern- everyone seems to want to hold Although the independent com- ment, Samsudin Osman, says; “an the handle of the broom to sweep mittee that looked into the 210 amicable solution should be the problem under the carpet. schools in question took eight reached so that the issue is not weeks and a lot of money to come dragged further”. What kind of nation are we going up with a negative answer, it does to build on unresolved issues? Is it not necessarily have the final say. UMNO Youth head Hisham- good governance to keep the peace

Aliran Monthly : Vol.22(4) Page 32 while sweeping problems under Petera defended Siva by stating, removed a few years ago during the carpet each time they surface? “We have been elected by the Siva’s leadership. In this case, a Pandora’s box has members, so it is up to them to been opened. It is vital now that decide if we should withdraw ... Siva is no democrat; he cannot tol- both the basis for the NUTP’s alle- this is a union, not a political erate members questioning him. gation and the independent com- party.” Who else - except these past lead- mittee’s findings be wholly and en- ers with vast experience - can take tirely made public, especially for Can the President of NUTP tell us him to task effectively when he parents who entrust their children, how do members decide whether goes out of line or is seen as not their most precious possession, to they should withdraw from the serving the interests of the union the teaching profession. leadership. Is she going to conduct members. And because these past a referendum to find out? leaders have put him on the spot The issue, in the last analysis, is on a number of occasions, a reso- not the concern merely of the Edu- Can the President of NUTP also lution was adopted at the Del- cation Ministry or the NUTP, or tell us what is the moral position egates Conference of the union to UMNO Youth or the Persatuan of a union leadership that has been deny them the right to speak. Pemuda Negara Malaysia or the proven to have lied by an inde- Malaysia Federation of Headmas- pendent committee? Does it resign Of course, Siva will say - as he is ters Council or anybody else, but on its own honourably, accepting wont to - that it was the decision that of parents and their children, moral responsibility for its lead- of the delegates. But these past for whose service and welfare the ership failings, or is it expecting leaders know the hand of the pup- Education Ministry and the NUTP to be hounded out of office? peteer behind the show! and the schools and anybody else associated with them exist. She can afford to take this posi- Perhaps, Tengku Habsah may tion that it is up to the member- want to clarify why the rights of Racial discrimination is nothing ship to decide - whether they associate members to speak at new in our country. Practically should resign from their leader- branch union meetings, which everything, from political parties ship roles - because she fully was guaranteed in the past, is now to the pasar malam, is patterned knows that under their leadership denied under the present leader- on racial polarization - and racial the ordinary members have no say ship? discrimination, be it positive or at all. negative, is just one step away. What justification can be cited for Respected members and leaders this gross denial? What is their I dream of the day when our chil- of the union who are now associ- moral ground on this issue that dren will be Malaysian in the ate members on their retirement tramples upon a very fundamen- proper sense of the word. from service and who have in the tal human right? past helped to build up the union David Anthony during their tenure as teachers Hamid Mukkaiyah Abdullah via e-mail and members of the union have Klang (NB. All the above references to state- been deliberately and un-demo- ments of personages are taken from The cratically denied their speaking EWSG Or NUPW? Star newspaper.) rights at the union branch meet- ings. Many leaders who have sac- A year one teacher may seem to be Resign Honourably rificed much and contributed im- insignificant on the insignificant mensely to the growth of the NUTP on the surface compared with lec- With regard to calls from various have become voiceless recently. turer, but one must not forget the quarters for N Siva Subramaniam foundation that the former builds. to resign from the NUTP leader- While this speaking right had Similarly, if one can understand ship for making serious baseless been guaranteed in the past by the National Union of Plantation allegations of segregation in our enllightened leaders of the NUTP Workers’ fettered stance in the tri- schools, the President of the by entrenching this speaking right partite struggle - the State, the NUTP, Tengku Habsah Tengku in the union constitution, it was Capital and the NUPW - for a

Aliran Monthly : Vol.22(4) Page 33 proper wage system; ironically seems to be futile without any sign Prophet Muhammad and the Al there is nothing left to be done of triumph. Qu’ran. than to appreciate its noble course. If only NUPW had been a radical It’s already five years since the If DL Daun is a Muslim, my ad- union, as preferred by some well EWSG started campaigning for vice to him/her is that he/she wishers, it could have been proper wages. Why is this much- must read the Al Qu’ran and branded seditious or subversive preferred alternative oriented-or- other Islamic books widely before and had been closed shop a long ganisation (among the critics and expressing his/her views in your time ago, just like some of the left the cynics of NUPW) still groping magazine. If a person gives his/ wing unions, backed by the in the dark? If theEWSG is her views regarding a certain sub- Malaysan Communist Party deemed a better organisation to ject before acquiring indepth (MCP), as in the past. The point is represent the labourers, then its knowledge about it then, it is akin critics should understand that the call for a basic monthly wage to a teacher teaching his students solution to the plight of the labour- should have been answered fa- a subject that he has no knowl- ers for a decent and fair wage sys- vourably. The truth is, it’s not who edge about. He would then be talk- tem is not absolutely at the discre- is serving that matters but what ing utter nonsense. tion of the union. On the contrary, has been achieved. it’s in the heart of the Capitalist But if DL Daun is a non-Muslim, and in the hands of the Executive. This is not written to vilify any indi- he should also not write about a vidual or organisation but to reach a matter that is sensitive to Muslims Cynics should be emotionally in- consensus. We may differ in our ap- and create greater misunder- telligent in dealing with this cen- proaches but the noble courses we take standing, especially if he has not tury-old crisis. They should seek must be complementary and move to- learned to appreciate our holy to unite all the activists, organi- wards a convergence, to build unity books and teaching. zations and the unions concerned in diversity. Let us think beyond our so that they become integrated and creed, clan, class and idealism - how I believe that government schools unanimous in fighting this just are we going to pay the debt of hon- should be able to accommodate the cause, democratically. Therefore, our that the nation owes to innocent religious practice of students. to achieve this noble course, we and submissive rubber tappers? Teachers and school administra- should not accuse each other, if at tors can advice students on the all, for any failure in this struggle, Parthiban Gopal recemmended wear/dressing, but by asking each other to close Taiping they should not enforced rulings shop, for instance; on the contrary that are not acceptable to them. I we should seek to close ranks in a Most Offensive do agree with DL Daun that stu- time of failures. dents should not be forced to wear I am a regular reader and sub- the tudung, and maybe there are There have been a number of or- scriber of Aliran Monthly. I usu- teachers who enforced this upon ganisations that emerged after the ally never miss reading the arti- the students. However, if DL Daun formation of the NUPW, the Es- cles in “Thinking Allowed”. wishes to express his/her disagree- tate Workers Support Group However, I find the article with the ment about this matter then he (EWSG) most recently. If one were title Tu Dung Or Not Tu Dung on should not jump on the band- to argue on the same context and page 21-22 of AM: Vol 22(1) by DL wagon and cause more conflict, the principles of the critics, then Daun most offensive to practicing especially by giving a most objec- the same questions should be Muslims. tionable title to his/her writing. asked of these groups. What have they achieved since their forma- The title of the article showed that I had been a loyal reader of AM tion? Why can’t they win the the writer was all out to connote and had so far been on agreeable wage battle? By all means, due the wearing of tudung as some- thoughts with AM, until this arti- respect and honour ought to be thing “shitty”, and his/her views cle by DL Daun. I hope as an edi- given to these alternative organi- showed that he/she is not toler- tor you will sieve through the ar- sations in their struggle for better ant of Muslims who wishes to ticles written by your writers, be- wages. However, their struggle practice Islam as preached by our cause we don’t want AM to be just

Aliran Monthly : Vol.22(4) Page 34 like another “Mahathiran” tab- of current American policies? ple of other ethnicities. A more loid/magazine. How will the use of English affect meaningful national intergration the rural-urban divide which al- may well result from these ex- Dr Khalidah ready exists among schools in changes. Then, too, We must not Kelantan terms of staffilng, resources and be so lacking in confidence as to academic achievements? Are our conclude that English language No Quick Fix Please teacher training programmes and usage will inevitably dilute the facilities able to train teachers to richness of the Malay language The recent proposal to revert to the be really confident in using the orcurtail its continued growth use of English as the medium of English language in classrooms? and development. instruction in schools has elicited These are only a few of a host of varying responses, but there seems questions which arise and which To effectively improve the stand- to be general agreement that this is need to be thought out carefully ard of English we must not just a good move. What worries me and honestly. look into schools. How many of though is my sense that the pow- our avenues for public discourse, ers-that-be seem to want a quick fix! As an academic who has pub- of the mass - media use English - There is something farcical, even lished both in Malay and English, and good English please? The surreal, in the volte face of some I have no hang-ups or suggestion from some quarters for folks. Some decades ago it was apprenhension about English English to be used only in Science Bahasa Malaysia that was pushed eroding national integration. On subjects and Mathematics is a (some would say “down our the contrary, I see many hopeful very bad one. To fluently use a throats”) and now the same possibilities for dialogue and fruit- language one needs to be exposed sources are trying to push English ful exchanges between various to a variety of tones, to a wide vo- for economic-political imperatives ethnic groups using English and cabulary, to words that are far and because of “globalisation”- a Malay. In any case, the English more connotative than those used ready term which can be trotted out language which the colonists in Science and Mathematics. for vague, unclear purposes. “gave” us has, in many senses, Haven’t we had numerous Eng- been appropriated by us to serve lish courses designed for special We should realize that any change our own purposes. Malaysian purposes, for specific communi- in the medium of instruction in writers writilng English have cations and what-have-you in the schools will have reverberating long transformed the language past and found them to produce consequences for all areas of soci- nuancing it to reflect Malaysian dismal results? No one is likely ety. We need to think deeply on cultural-social realities. Among to read, write, speak English with our objectives and then on the them are first-generation writers passion, feeling, conviction, poise “why” and the “how” of such a like Ee Tiang Hong, KS Maniam, and not least, joy from mouthing move. Should English be intro- Wong Phui Nam, Kassim Ahmad theorems and explaining triangu- duced in stages? should we have (his short story titled - “A Com- lations, etc. bilingual situation and what mon Story” is as relevant today would this mean? Do we have as when it was fisrt written), A realistic tilme-frame must be enough teachers who can use Muhammad HJ Salleh, etc. And worked out for any major change English well enough to teach in today we have a no less fascinat- in pedagogy such as a change in it? Or, for that matter, do we have ing set of works from young writ- the medium of instruction. We enough lecturers in Malaysian ers like Karim Raslan, Dina must also ensure that, when universities confident enough Zaman, Khoo Gaik Cheng, changes do take place, the effects about their mastery of English to Noraini Mohd. Yusof . It may well are carefully, effectively and trans- teach in English? Are there be that as the members of an eth- parently monitored. Only when enough textbooks to use or will nic group appropriate, transmute we have given proper thought to we be, in a sense, “re-colonising” and enrich the English language, all angles should we decide on ourselves by using texts with they will also be transcending eth- what steps to take. Eurocentric social-cultural slants. nocentric notions as well as tra- Or, more likely, American centric versing ethnic “boundaries” so as Dr Wong Soak Koon texts given the hegemonic thrusts to confidently dialogue with peo- Penang

Aliran Monthly : Vol.22(4) Page 35 Professor Mehrun Siraj and Tan Sri Anuar Zainal Abidin, for ex- ample, we sense ulterior motives.

With courage and honesty, Profes- sor Mehrun Siraj and Tan Sri Anuar Zainal Abidin demon- strated their commitment to the protection of human rights and civil liberties in this nation by standing in the forefront of Suhakam’s inquiry into the Kesas Highway incident. They were in- strumental in directly criticizing the police for their use of exces- sive force that turned a peaceful A record of Aliran'sAliran'sAliran's stand on current affairs. protest into a chaotic incident.

Farewell To Suhakam? If mainstream media reports are If the BN government is serious to be believed, the BN government about letting Suhakam carry out Whenever people press for demo- is about to alter Suhakam’s com- its work without let or hindrance, cratic reforms, Prime Minister Dr position. Malaysians can be sure why would the BN government Mahathir Mohamad likes to re- that any alterations will not be drop these two Commissioners spond by saying that Malaysians made merely for the sake of whom the public remembers with should never seek change for the change, probably not even to respect? sake of change. He loves to repeat strengthen Suhakam. Malaysians that changes to our systems, in- can be sure the changes will be That’s not all. We hear of a move stitutions and procedures should made in order for the BN govern- to appoint Tan Sri Abu Talib be rejected unless they bring sig- ment to shackle the infant Com- Othman, the former Attorney- nificant improvement. mission of Human Rights. General, to replace Tan Sri Musa Hitam as the chair of Suhakam. For a change, Aliran agrees When we read media reports of wholeheartedly with Dr Maha- moves to terminate the tenure of Naturally a newspaper like the thir. serving Commissioners, such as New Straits Times (12 April 2002) is quick to tell us that Abu Talib played a key role as the chairman of the ‘Anwar’s black eye’ Com- mission of Inquiry. However, NST didn’t clarify what Abu Talib’s role in that Commission of Inquiry really amounted to.

Yes, the Commission of Inquiry found that former IGP Rahim Noor was guilty of a dastardly assault on Anwar. But wasn’t that al- ready evident to everyone other than fools who believed in Anwar’s self-inflicted injury? Can Abu Talib be said to have done anything more than to give an of-

Aliran Monthly : Vol.22(4) Page 36 ficial gloss to the BN’s govern- of a long, popular and well sup- They are perverse changes in- ment’s unwilling sacrifice of ported struggle for the protection tended to make Suhakam tooth- Rahim Noor in view of over- of human rights. While we were less and meaningless. whelming public anger over the prepared to work with Suhakam scandalous incident. to improve the situation of human We call upon Suhakam’s present rights, we never thought of Commissioners as well as Of course, NST editors will never Suhakam as a selfless gift from the Malaysians who cherish every recall Abu Talib’s ‘key role’ in BN government to a long suffer- painfully won improvement in something else. We mean the im- ing public. our human rights situation to re- peachment of Tun Salleh Abas, ject such changes which are be- which was an absolutely retro- We knew, as everyone else knew, ing plotted by a BN government grade step for civil liberties. Now, that the BN government was that protects its own interests and how does a former Attorney-Gen- forced to establish Suhakam in the NOT human rights and civil lib- eral who helped Dr Mahathir face of a growing outcry over erties. wreak havoc on the integrity of the Anwar’s maltreatment and the judiciary suddenly metamor- deteriorating human rights situa- Aliran Executive Committee phose into a stout defender of hu- tion. We knew that at every turn 13 April 2002 man rights? the BN government would ob- struct Suhakam should the latter Malaysians Have Aliran remembers Abu Talib for strive to be a truly independent No Right To Walk yet another reason. In 1990, we Commission of Human Rights. Peacefully? demanded his resignation. Why? Simply, it was none other than While it was led by Tan Sri Musa, Aliran is outraged that a peaceful Attorney-General Abu Talib who Suhakam faced difficulties and and orderly May Day procession ordered the police to destroy 11 uncertainties. Sometimes Suhakam was violently dealt with by the video tapes and four envelopes was even reluctanct to act deci- police, whose primary purpose is containing countless photo- sively. For all that, Suhakam gave to keep the peace and not create graphs and negatives — critical opportunities to its Commissioners havoc. evidence in the D P Vijandran ‘sex — or those among them who so tapes’case (AM, vol. 10, no. 1, desired — to make Suhakam a We are reliably told that this morn- 1990). Needless to say, Abu Talib, meaningful institution. ing’s procession in conjunction whose understanding of the rule with the May Day celebration was of law differed from ours, didn’t Malaysians can be sure that the peaceful, orderly and efficinetly resign. intended changes to Suhakam are managed. It did not create traffic not mindless changes planned by obstruction; it did not pose any Think then what will happen to BN for the mere sake of change. threat to national security. Suhakam’s effectiveness in de- fending human rights and civil liberties in this country if coura- geous commissioners like Profes- sor Mehrun Siraj and Tan Sri Anuar Zainal Abidin are dropped, while someone like Abu Talib becomes the Commission’s chairman.

Right from Suhakam’s beginning, Aliran, together with other or- ganisations, regarded the estab- lishment of the Commission for Human Rights to be the outcome It started as a peaceful rally with even a police car escort in the begining

Aliran Monthly : Vol.22(4) Page 37 The OCPD and his officers came and started shouting and creating a scene. More than necessary force was used in some of the arrests

Why was it necessary for a large racy to claim their fundamental for him from the pharmacies in police presence? Is it to intimidate constitutional rights to freedom of Kuala Lumpur, today being a pub- peaceful citizens into thinking assembly, without suffering any lic holiday. that they have no democratic right human rights violation? to walk peacefully? Why was it We call on Datuk Seri Abdullah necessary to inflict violence on We understand that statements Badawi, the Home Affairs Minis- citizens who posed no danger of have been taken under Section 113 ter, to urgently look into the vio- any kind to anyone in particular. of the Criminal Procedure Code. lent behaviour of the police every We are told that one OCPD Bakri At this stage, the detainees can be time a peaceful gathering is organ- rudely manhandled some of those and should be freed on police bail. ised. in the procession. But the police are adamant - for no apparent reason - in insisting We hold him accountable for the When the guardians of the law that they be kept in the lock-up for arrests and detention of 17 peace- become violators of the peace, they the night. They are intent on turn- ful Malaysians today. We demand create a dangerous and volatile ing the whole initial investigation that they be released immediately situation which is totally unac- into a punitive exercise. and unconditionally. Perhaps in ceptable to peace-loving citizens. doing so, the much-touted slogan There are also detainees who are of a people-friendly police may Let’s get the facts clear. If there on medication. Among the detain- begin to shine on this dark day. was an illegal gathering, it was ees, there is at least one known created by the police who don’t heart patient from out of town who P Ramakrishnan issue police permits for peaceful is without medication. His friends President gatherings. It is the police action are unable to obtain medication 1 May 2002 that turned the peaceful proces- sion into an illegal assembly. If there was violence, it was perpe- trated by the police. The citizens who participated in the proces- sion are all peaceful citizens who abhor violence.

In other words, it is the police who had created an illegal situation and caused havoc.

We need to ask seriously: is there room for civil society in a democ- Children traumatised by attempts to take down their particulars

Aliran Monthly : Vol.22(4) Page 38 APARTHEID IN THE HOLY LAND Continued from page 40

the corruption of young minds pro- this people or that. I am pro- never prevail. Those who are pow- taught hatred; but we also con- justice, pro-freedom. I am anti- in- erful have to remember the litmus demn the violence of military in- justice, anti-oppression.” test that God gives to the power- cursions in the occupied lands, ful: what is your treatment of the and the inhumanity that won’t let But you know as well as I do that, poor, the hungry, the voiceless? ambulances reach the injured. somehow, the Israeli government And on the basis of that, God is placed on a pedestal [in the US], passes judgment. The military action of recent days, and to criticise it is to be immedi- I predict with certainty, will not ately dubbed anti-semitic, as if the We should put out a clarion call provide the security and peace Is- Palestinians were not semitic. I am to the government of the people of raelis want; it will only intensify not even anti-white, despite the Israel, to the Palestinian people the hatred. madness of that group. And how and say: peace is possible, peace did it come about that Israel was based on justice is possible. We Israel has three options: revert to collaborating with the apartheid will do all we can to assist you to the previous stalemated situation; government on security meas- achieve this peace, because it is exterminate all Palestinians; or - I ures? God’s dream, and you will be able hope - to strive for peace based on to live amicably together as sisters justice, based on withdrawal from God Passes Judgment and brothers. q all the occupied territories, and the establishment of a viable Pal- People are scared in this country Desmond Tutu is the former estinian state on those territories [the US], to say wrong is wrong Archbishop of Cape Town and side by side with Israel, both with because the Jewish lobby is pow- chairman of South Africa’s secure borders. erful - very powerful. Well, so truth and reconciliation com- what? For goodness sake, this is mission. This address was We in South Africa had a relatively God’s world! We live in a moral given at a conference on End- peaceful transition. If our mad- universe. The apartheid govern- ing the Occupation held in Bos- ness could end as it did, it must ment was very powerful, but to- ton, Massachusetts in April be possible to do the same every- day it no longer exists. Hitler, 2002. A longer version appears in the current edition of where else in the world. If peace Mussolini, Stalin, Pinochet, Church Times. could come to South Africa, surely Milosevic, and Idi Amin were all Source: Guardian Unlimited, it can come to the Holy Land? powerful, but in the end they bit 29 April 2002 the dust. http://www.guardian.co.uk/Archive/ My brother Naim Ateek has said Article/0,4273,4403427,00.html what we used to say: “I am not Injustice and oppression will

Aliran Monthly : Vol.22(4) Page 39 INTERNATIONAL

Apartheid In The Holy Land by Desmond Tutu

n our struggle against apartheid, the great sup- III porters were Jewish peo- ple. They almost instinc- tively had to be on the side of the disenfranchised, of the voiceless ones, fighting injustice, oppres- sion and evil. I have continued to feel strongly with the Jews. I am patron of a Holocaust centre in South Africa. I believe Israel has a right to secure borders.

What is not so understandable, not justified, is what it did to an- other people to guarantee its ex- istence. I’ve been very deeply dis- tressed in my visit to the Holy Land; it reminded me so much of what happened to us black peo- ple in South Africa. I have seen the humiliation of the Palestin- ians at checkpoints and road- blocks, suffering like us when young white police officers pre- vented us from moving about. Canon Naim Ateek (the head of tions? Have they forgotten that the Sabeel Ecumenical Centre) in God cares deeply about the down- On one of my visits to the Holy Jerusalem. He pointed and said: trodden? Land I drove to a church with the “Our home was over there. We Anglican bishop in Jerusalem. I were driven out of our home; it is True Peace Is could hear tears in his voice as he now occupied by Israeli Jews.” Built On Justice pointed to Jewish settlements. I thought of the desire of Israelis for My heart aches. I say why are our Israel will never get true security security. But what of the Palestin- memories so short. Have our Jew- and safety through oppressing ians who have lost their land and ish sisters and brothers forgotten another people. A true peace can homes? their humiliation? Have they for- ultimately be built only on justice. gotten the collective punishment, We condemn the violence of sui- I have experienced Palestinians the home demolitions, in their cide bombers, and we condemn pointing to what were their own history so soon? Have they homes, now occupied by Jewish turned their backs on their pro- Continued on page 39 Israelis. I was walking with found and noble religious tradi-

Aliran Monthly : Vol.22(4) Page 40