r~*rHE1ii|"6N”iKiécHY TAKES A ‘BEATING’ Gomez incident leads to constitutional review

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inside ~ One Mun 0ne Vole? - Democracy and lhe 1992 Consliluency Delineation Amendmenis

- Trading Labour Rights in Malaysia

v Human Righis Violulions, Discrimination and Workers‘ Righis

The Monarchy Takes a ‘Beating’ ... 2; The Extraordinary Healing Power of Love ... ll; One Man One Vole‘! ... 14; Trading Labour Rights in Malaysia ... 17; Thinking Allowed M 19; A Gallant but Defective Review ... 23; Letters ._ 24; Farag Fonda Murdered ... 29; Freedom from Fear ... 31; Current Concerns .- 34; Human Rights Violations, Discrimination and Workers’ Rights ... 40 r T EM01 ARCH A ~S A 'BE 11 Gom z

HaHn subdued th Pre • the jud·ci r), I if I critics and oth r and pendtnt up , h Mahathir no\ turn d lw~

monarch~ in hi'> O\ t d 1 n t c n hd hi po ttiun? In actin' gam t th ro)alt), A!\IL ~f.Tl 0 i~ of the opmiun that Mahathir ha calculated th t hism n 1 ~•ti n i~ sufficiently \hong 110\\.

t was a tumultuous week which will surely go down in Ithe pages of future Malaysian history text-books. What started out as minor tremors over the forced withdrawal of a school hockey team from a national tour­ nament soon developed into a major constitutional quake which rocked our system of constitution­ al monarchy like never before. Tengku Majid tacM a ..ault chargM. Public perception of the royalty also took a severe battering. The alleged assault by the Sul­ the ruling Barisan Nasional and hit him in the face after he had tan of Johor against school hock­ opposition parties shoved aside been summoned to the Istana ey coach Douglas Gomez on 30 ideological differences in a rare, Bulcit Serene in Johor Baru on 30 November 1992 Jed to a unani­ powerful show of solidarity. The November. The Sultan Abu Bakar mous expression of outrage from result: a resounding 96-0 verdict College coach alleged that the the Malaysian public. When in favour of the people. incident in the palace was wit­ Deputy Prime Minister, Ghafar nessed by six men wearing jeans Baba, later tabled a substantive ALLEGED BEATING and T-shirts and 10 to 12 Johor motion in Parliament on Decem­ In his police report, Gomez Military Force personnel. ber 10, 1992 expressing regret claimed the Sultan, who was The alleged assault followed over the incident in strong terms, angry, verbally abused him and the forced withdrawal of Gomez's

Aliran Monthly 1992:12 (12) Page 2 the Gomez incident, after a lapse was Mahathir who really set the of five months. ball rolling. His sense of judge­ The present King, Sultan ment and timing was perfect. By Azlan Shah, ss president of the choosing an issue where a mem­ MHF. The King and the Johor ber of a minority community had Sultan have had several apparently been victimised and 'encounters' in the past. In 1972, assaulted, Mahathir realised that Tengku Mahmood Iskandar. as the royalty would gain little sym­ the Johor Sultan was known then, pathy from the public. was charged and convicted (but Some observers feel that subsequently pardoned by his having subdued the Press, the father) of causing hurt to one judiciary, political critics and Narendran s/o Manickam. The other independent groups, presiding judge, Raja Azlan Shah, Mahathir has now turned his at­ Man of the hour Mahathir. as the present King was known tention towards the monarchy in then, said in his judgement,"The his overall design to consolidate college team from the semi-finals keynote of this whole case can be his own position. But whatever of the Malaysian Hockey Federa­ epitomised by two words - sadis­ his motives. no one not even op­ tion(MHF)-Milo Champion tic brutality - every corner of this position party Semangat 46, can Schools tournament on 25 case from beginning to the end. deny that Mahathir's move to November 1992 only a few hours devoid of relief and paJiiation." curb the legal immunity of the before the match was due to begin royalty is the correct thing to do in Kuala Lumpur. An upset INDIGNATION in our system of parliamentary Gomez subsequently called for Malaysians have long been in­ democracy (or what's left of it) the resignation of the principal of­ timidated by the perceived power where the rule of law must be fice-bearers of the Johor Hockey and influence of members of the respected by every one. Association and lashed out at royalty, especially those from But having said that, why did those responsible for 'destroying' Johor. When Dr Mahathir came Mahathir move only now to curb hockey in the state. out in the open to make his stand the powers of the royalty? Look­ He was subsequently sum­ clear, it was a signal for the flood­ ing back, we note that the Sultan moned to the palace where the gates to be opened to release years of Johor was the immediate alleged beating took place. of suppressed anger, pent-up predecessor to our present King Gomez later retracted all his com­ frustrations and indignation. And and we remember that Mahathir ments and sought medical treat­ what an outpouring of public sen­ and he used to have an apparently ment. But once Prime Minister Dr timents it was! very cordial relationship. But cir­ Mahathir put his foot down. The many daring letters. ap­ cumstances were differen~ then. Gomez felt emboldened enough pearing daily in the New Straits In 1987, with the old UMNO al­ to lodge a police report. Since Times gave vent to public outrage ready badly ruptured into Team A then, reports have flooded the that had no means to express itself and Team B, Mahathir's political media about other alleged mis­ in the past over the many abuses future seemed decidedly uncer- • deeds committed by the royalty. and humilations suffered in tain. He was clearly in no position Many observers believe that silence. Strangely enough, The then to launch an offensive the forced withdrawal of the Col­ Star seemed somewhat subdued against the royalty. a move which lege team from Johor was closely with hardly any letters from the could have been exploited by his related to the stiff five-year public. It was content to allow the archrival within the party, Tenglcu suspension imposed on the NST to seize the initiative and Razaleigh, and his Team B fac­ younger son of the Sultan, Tunku navigate the media through un­ tion. In fact, there are some who Abdul Majid. by the MHF dis­ charted waters. feel that he was actively courting ciplinary board on 18 October the moral backing of the royalty 1992. Tunku Majid had been ac­ in his attempts to remain in power. cused of assaulting Perak MAHATHIR'S STAND goalkeeper Mohamed Jaffar Of course, the man of the hour, Vello after the Malaysia Games besides Gomez, was none other TUNKU'S STAND hockey final in Johor on 10 July than Mahathir. Although many In 1987, persistent murmurs 1992 and was issued a warrant of admire Gomez's courage in stand­ also began going around that a arrest on 12 December 1992 after ing up for the love of his sport, it golf caddie had been killed. It is

Aliran MonJhly 1992:12 (12) Page 3 believed that this is what have to investigate without inter­ businessmen in all sorts of busi­ prompted the late Tunku Abdul viewmg the Ruler. ness ventures. Many were also ir­ Rahman. himself a member of the Indeed the Salleh Abas ritated with the monarchs' royal house, to declare at an suspension was the one case influence and in some cases, al­ AI iran conference, Reflections on which afforded the royalty a per­ leged interference in political. ad­ the Malaysian Constitution, that fect opportunity to make a stand ministrative and sports matters. year that no one should be ex­ in the interest of the Malaysian Subsequent developments saw empted from the law. Of course he public. Had they exerted their the rulers being asked to sign an was totally ignored by our leaders· considerable influence to say no, UMNO Baru-initiated written then. (the dismissal of Salleh Abas code of ethics. Three Sultans re But this is one question which went against all basic principles fused to sign on the dotted line - needs to be answered honestly of natural justice), public percep­ the Sultans of Kelantan. Kedah now that we are digging out all the tion of the monarchs as protectors and Johor. Th1s could have alleged misdemeanours .of the of the Malaysian Constitution sparked the friction between the royalty for public airing in the and its citizens would have been House of Johor and UMNO Baru, media: can our leaders confirm if enhanced many times over. But in particular the three party vice­ there is any truth in the allegation the monarchs let the people down presidents who were in the that a caddie was killed a few with their deafening silence echo­ frontline in the bid to get all the years ago? And, if so, why was no ing across the length and breadth Sultans to support the code. investigation carried out? This we of the nation's highest chambers have the right to know. Let there of justice. NO DOUBLE be no cover-up. Justice demands STANDARDS A NEW PROTECTOR this. It seems no coomcidence that In acting against the royalty the fortunes of the royalty in SALLEH ABAS AT today, Mah:llhir has calculated Malaysia today have a certain THEJOHOR that his own position is sufficient­ parallel to events in the UK where ly strong now. Obviously, he Queen Elizabeth II is also having PALACE realises that UMNO Baru docs a particularly disastrous time. The Let us not forget that not need the psychological back­ number of monarchs worldwide is Mahathir would have been grate­ ing of the monarchs any more. dec.reasing. Refonns are in­ ful to the Johor Sultan (who was And what of the ethnic evitable if the monarchy is to have then King) for the latter's role in Malays? For long,the Sultans had any relevance at all in the 21st the sacking of Salleh Abas from been seen as guardians of their century. These could include his post of Lord President in 1988 political power, culture and removing tax exemption for the just before the hearing of the all­ religion. But with UMNO Baru royalty, restricting the number of important appeal in the Supreme now playing a pervasive role in persons who may be considered as Court in relation to the UMNO society, the party has effectively members of the royalty and case. And do you remember- Sal­ assumed the mantle of supreme reviewing the subtantial financial leh Abas was also summoned to protector of the community. allocations to royal households. the Johor palace for a stonny face With increasing numbers of Our leaders have openly to face session with an angry Sul­ the Malay middle-class and the declared that no one should be tan as described in K. Das' book politica II y well-connected above the law. As long as we May Day for Justice. penetrating the business sphere, relllain a constitutional monar­ In that incident, the former members of the royalty were chy, our rulers should be account­ Lord President, when he arrived at viewed as potential competitors in able to the people. But, our the palace, was surprised to find the mad scramble to acquire political leaders. who hold the someone very familiar at the choice land, business licences a~ reins of real power, should also Sultan's side - Attorney-General timber concessions. take a long, hard look at themsel­ Abu Talib! The same Abu Talib This culminated in a tirade ves. They too must be held ac­ who has been very vocal recently against the royalty at the 1990 countable for their actions. No saying that the police may have UMNO Baru general assembly. one should be allowed to curb fun­ difficulty (difficult in what way?) Party members were especially damental liberties and get away in obtaining evidence from the chafed to note the close coopera­ with corruption and abuse of Johor Sultan in the Gomez case. tion between certain rulers and power. Let there be no double in which case, he added, they may wealthy ethnic Chinese standards. •

A/iran Monlhly 1992:12 (12) Page 4 NO INSTITUTION OR INDIVIDUAL SHOULD BE ABOVE THE LAW power and authority is perhaps the proposals for reforms came from Excerpt from the keynote most vital ingredient of the Rulers themselves. It would address of Dr. Chandra democratic rule. show that they are prepared to in­ Muzaffar, on the theme Four, it is particularly impor­ itiate. or their own volition, chan­ lluman Rights in Malaysia tant to ensure that our Sultans are ges to the monarchical system in accountable since some of them at consonance with the mood of the today: Ideal & Reality. The least are known to have abused times. address was delivered at their power and authority. Abuse Finally, while the nation is the NGO Human Rights of power by any Sultan is a concerned about the alleged abuse Interactive Buffet blemish upon the entire monar­ of authority on the part of those chical system. Gathering organized by who command symbolic power, Five, every time a Sultan we should be even more dis­ the Youth Section of the abuses his power it is the rakyat tressed by the lack of account­ Selangor Chinese who suffer. By bringing Sultans ability on the part of those who Assembly Hall on 17 within the ambit of the law. we wield substantive power. December 1992 at the would be protecting some of the Elites in politics, administra­ Selangor Chinese most basic rights or the people. tion, commerce, industry and the Removing the legal immunity professions should be guided by Assembly Hall, Kuaaa of the Sultans should be seen, ethical values at all times and Lumpur. however, as just one of the crucial should ensure that they do not steps in the direction of creating a abuse the enormous power at their truly modern, constitutional disposal. he people of Malaysia monarchical system. Other There is no denying that over should give their fullest reforms may also be necessary. the years there has been quite a bit Tsupport to the government's This may be a good time to con­ of abuse of power at the level of proposal to amend the Constitu­ sider the following proposals the elites. That some of the real tion to remove the legal immunity aimed at protecting the honour culprits involved in various finan­ of the Sultans. and integrity of the monarchical cial and political scandals - like Our Sultans should be brought system. 'BMF'. on the one hand, and 'Tun within the ambit of the law for a One, should we apply the prin­ Salleh', on the other- have yet to variety of reasons. ciple of taxation to our Rulers, in be punished shows that genuine One, as a matter or principle line with established practice in a public accountability is still a no individual or institution should number of constitutional monar­ mirage. be above the law. This is fun­ chies? In societies like ours elites damental to the concept and prac­ Two, should we limit the num­ who may have committed grave tice of the rule of the law. Only if ber of persons who can use Royal misdeeds are able to remain in everyone is equal before the law titles and enjoy Royal privileges authority and perpetuate their will there be justice. to a small core within each Royal power because the mainstream Two, as the head of Islam in household? Again, this has been media is fettered and the judiciary their respective states, each and done in certain constitutional is not independent. Besides, our every Sultan is bound by the monarchies. political culture has seldom dis­ tenets of his faith to acknowledge Three, should we confine played a passion for public ac­ the supremacy of law. For in emoluments given to royals by countability or social justice. Islam, no one - not even the their respective state governments The problem is further com­ Prophet - is above the law. to the most important office­ pounded by an intelligentsia Three, only if Sultans submit holders like the Sultan himself which lacks intellectual to the law, will it be possible to and his heir-apparent? Once autonomy and moral integrity, hold them accountable to the again, this is the practice in cer­ and is quite willing to submit to people. Ensuring accountability tain West European monarchies. the dictates of the ruling elite . • on the part of those who wield It would be wonderful if

A/iran Monthly 1992:12 (12) Page 5 RULERS' IMMUNITY SOME OTHER SOLUTION?

t is a pity that certain groups in the country are opposed to the Iproposal to amend the Con­ stitution to remove the legal im­ munity of the Malay Rulers. Their opposition appears to revolve around two main points. One, any abuse of power on the part of a particular Sultan can be resolved through dialogue be­ tween the government and the Conference of Rulers. There is no need to abrogate a privilege of office bestowed upon the Rulers by the Constitution. If any con­ crete measures are required, some mechanism could be created within the Conference of Rulers More crucial to principles of democracy is that the real wielders of power do not abuse that power. itself to check wrongdoings. A special Tribunal for Rulers, for instance, has been suggested by through the ages, the law has, in Against Democratic fact, played that role. some quarters. Governance Two, if the Rulers' immunity Besides, from the point of view of the victim of some royal is removed, it will be a matter of A special Tribunal goes time before the monarchical sys­ misdemeanour, it is not enough to against the grain of both assure him that the errant Ruler tem itself is abolished. democratic governance and Is­ will somehow correct himself. It lamic values in yet another sense. Retribution Through is important that the victim is con­ It is quite likely that the Tribunal vinced that the violator will be will function in such a way that Law punished by the same set of rules alleged wrongdoings of the While no one disputes the in­ and regulations that apply to each Royals will be shielded from herent value of dialogue between and every citizen of the state. public scrutiny. The chances are the government and the Rulers, it A special Tribunal for Rulers, that they will be dealt with away is doubtful if abuse of power can however well intentioned, will from the public gaze. be checked without recourse to not achieve this aim. It will mere­ Transparency and account­ law. It is only if the Rulers are ly continue to preserve the posi­ ability especially on the part of brought within the ambit of the tion of the Rulers as a special the powerful are essential in­ law, that they will realize that they breed of human beings outside the gredients of good government. If cannot get away with grave injus­ legal system. In that sense, it will wrongdoings are not subjected to tices inflicted upon the people. negate the principles of both public scrutiny, it is conceivable That such injustices have taken equality and justice which are that the wrongdoer will not feel a place over a long period of time is fundamental to the rule of law. deep sense of remorse and will an irrefutable fact. This is why And upholding the rule of law is make no attempt to repent. flrm action is needed now to curb one of the sacred duties of any This explains why in Islamic the powerful from continuing to constitutional monarch. How can jurisprudence transparency and hurt the powerless. Retribution a m<.>narch protect the rule of law accountability are emphasised not through the law- rather than mere when he himself does not have to just in the process of adjudication advice - will serve as a sort of observe the restraints and respon­ but also in the act of meting out psychological restraint upon ir­ sibilities embodied in the law? the punishment itself. responsible behaviour. Right

A./iran MonJhly 1992:12 (12) Page 6 The other argument which has often, arrogant in behaviour and Leaders Must Set been made that the removal of im­ extravagant in taste. munity will lead to the demise of Of course, bringing Rulers Example the monarchical system itself is within the purview of the law does To be able to do that, govern­ also without any basis. There are not guarantee good conduct. ment leaders themselves must set a number of constitutional There will be monarchs who will the example. As wielders of sub­ monarchs, especially in Western continue to break the law, to stantive power - in contrast to Europe, who do not enjoy im­ abuse power. In such instances, monarchs who only command munity from prosecution of one the government should not symbolic power - they have a type or another and yet they con­ hesitate to act with firmness in the responsibility to ensure that they tinue to remain the foci of adora­ interest of justice. do not abuse their authority. More tion and adulation in their than anyone else, they should ad­ societies. here to every aspect of the prin­ It is sometimes forgotten that ciple and practice of public even in pre-colonial Malaya there accountability. were Sultans who submitted to the If the present episode involv­ Shariah - as required by Islamic ing the Rulers' immunity suc­ law. This did not diminish their ceeds in making all of us more authority or demean their office in aware of the danger of the abuse any way. On the contrary it en­ of power and the crucial sig­ hanced their dignity and integrity. nificance of public account­ Indeed, a close look at the monar­ ability, it will have served some chies which have disappeared purpose. • since the Second World War will A special Tribunal for Rulers will Chandra Muzaffar reveal that in many cases the negate the principles of equality 23 December 1992 Rulers were above the law, and and justice.

living but are not well endowed with education and TOO MANY PERSONS qualification; consequently they do not have the money to support the life style which they think USING ROYAL t.hey are entitled to. And yet many live beyond their means: they run cars, stay in expensive hotels and TITLES eat in fancy restaurants which they cannot afford. "The name of the monarch in Malaysia is some­ and end up in the criminal courts and subsequently times besmirched by crimes committed by minor prison. They deserve the bad name they get, but at princelings and the remedy is in the hands of the the same time they bring into disrepute other and Yang di-Pertuan Agong and Rulers themselves by perfectly decent and respectable royals. for example limiting the number of persons who In contrast the Royal House in England is very can use the titles of Raja, Tengku, Tunku and small, despite the fact that it is many centuries old. Ungku. Only the Yang di-Pertuan Agong and For instance. when the late JGng George V died (in Rulers could get together to restrict titles which are 1935) he left only six children: Prince Edward (the associated with the monarchy, for no Government Prince of Wales and later King Edward VIII and however strong will risk the unpopularity of doing Duke of Windsor). Prince George (Duke of York so. and later King George I), the Duke Gloucester. the With nine royal houses and because of Duke of Kent. Princess Royal and a son the Duke polygamy, Malaysia though a small country has of Clarence who, I believe, had predeceased his too rriany persons using the titles of Rajas and royal father). King Edward VIII who succeeded his Tengkus, Tunkus and Ungkus. no matter how dis­ father George V had no children. King George VI tantly related they are to the Throne. (In the Kam­ who succeeded Edward VIJI had only two children: pong of Bukit Chandan in my hometown Kuala the present Queen Elizabeth and Princess Mar· Kangsar. practically everybody is a Raja. of whom garet. AJl the Queen's uncles and aunts have died. many have only humble or no jobs.) Many royals She herself has only four children and nine cousins. in the country, down the line, are used to easy With such a small Royal House, the chances of the

Aliran Monthly 1992:12 (12) Page 7 ,. monarchy being besmirched by the misbehaviour in public chicanery and scandals, the public will of minor princelings hardly exists. continue to respect and love them. In Thailand not all persons related to the The Federal and respective Stale Governments Monarch are called Princes and Princesses - their give them a palace each with free light, water and titles are graded according to how close and how telephone, complete with servants. and fully-main­ distant they are from the Thione. So the chances of tained cars including a Rolls Royce and chauffeurs the Throne being besmirched by crimes committed - and a generous entertainment allowance and a by royals are limited. generous tax-free privy purse, to enable each of In Thailand only the next and 3rd generations them to do his public duties without any worry, (lhc children and gmndchildrcn of a King) m:1y use without having to supplement their income by en­ lhe titles Prince and Princess (in Thai Chao Fall pging in business and commercial activities. With and in the case of grnndchild~n Pralc Omchao). such fmanciaJ support the Yang di-Pertuan A gong Others down the line are not called Prince and and each Ruler should have no difficulty keeping Princess: the 4th and 5th generotions. (gre3t their family in comfort-and keeping in touch with grandchildren of a King) arc known as Mom Chao, modem times and always aware of and in sympathy the 6th generation (great great grandchildren) as with the moods and aspirations of the peoples. lrlowa Rachawong, and the 7th• generation (the It is incongruous that a Yang di-Pertuan Agong children of a Mom Rachawong) as Mom Lllang. or a Ruler- or a Governor- should be a Rubber, The children of the 8th and subsequent genera­ Tin or Timber King or a captain of industry. Also, tions are plain misters and misses but they may add how is an ordinary businessman to compete with "of Ayuthia" after their names. (Ayuthia is the such an exalted rival with superb connections in the name of the old capital of Thaiiand and I am told higher reaches of Government?- • that "of Ayuthi:l" indicates that they belong to the TIM1 Mohamed Suman, Folmer Lord President House of the Monarchy.) For so long as the Yang di-Pcrtuan Agong and (EXJractedfrom REFLEC170NS ON THE Rulers abide by the Constitution and play their part MALAYSIAN CONSTITUTION, publishtd by properly as Father of the Nation or, in the case of Aliran,l987). Rulers, Father of the State, and do not get involved '

But what of those immunities? Let us consider QUESTION OF also the answer given by the well-known author of a textbook on the Malaysian Constitution. Indeed, IMMUNITIES the author has distingllishcd immunity from legal "It is pertinent at this juncture to raise the matter process and the concept of liability under the law. of legal immunities, Article 32(1) of the Constitu­ So if the immunity were to be waived, only then tion provides that ihe Yang di-Pertuan Agong can that liability be enforced in a court of law. That "shall not be liable to any proceedings whatsoever would mean that the monarch submits to the juris­ in any court.- Article 181 (2) prevents any proceed­ diction of the court. With due respect, this writer ings being brought in any court against the Ruler would go only so far as to agree with the distinction of a State in his personal capacity. This had led the between immunity from legal process and legal uninitiated, such as law students, to ask their lec­ liability. However, it is felt that no question of a turer, whether this means that the Yang di-Pertuan waiver should arise for this waiver is unlike that A gong is .. above the law". The lecturer in constitu­ given by a sovereign or a diplomatic representative tional law is quick to answer in the negative. After to a foreign court of law for a dispute being heard all, he has also been expounding on the concept of abroad. But a sovereign waiving immunity from equality of all persons under the doctrine of Rule process at home in his own courts of justice would of Law. Belief in the Rule of Law is yet another really be allowing his sovereignty to be eroded. principle of the Rukunegara. Further, since Islam The respect from citizens for the country's symbol is the religion of the Federation and constitutional of sovereignty would certainly diminish. rulers are heads of Islam in their respective States, This issue of any sovereign seeking protection the belief of Muslims that only Allah is supreme under the cloak of immunities need not be over-em­ should be given due prominence. phasised for a few other reasons. First, a person

A/iran Monlhly 1992:12 (12) Page 8 holding such high office as the Supreme Head of as rules of "Jaw and order".) Thirdly, as head of the Federation is not expected to act in a manner Islam in his own state as well as for M:llacca, contrary to his responsibilities. In the last 30 years, Penang, Sabah, Sarawak and the Federal Ter­ our nation has successfully had eight different ritories of Kuala J..umpur and Labuan, there should holders of that exalted position. Secondly, each be little likelihood of abuse of immunities. Never­ Yang di-Pertuan Agong is bound by his oath of theless, even if the inconceivable should somehow office - "to solemnly and truly declare that (His occur, we are surely civilised and cultured enough Majesty) shall at all times protr.ct the Religion of to resolve the problem in a manner that would not Islam and uphold the rules of law and order in the ultimately cause more hann than good." • Country". (It is interesting to note here that this Abdul Khalid official translation of the original Bahasa Malaysia Azmi text has translated "pemerintahan adi/ dan aman"

A/iran Monthly 1992:12 (12) Page 9 REFLECTIONS ON THE MALAYSIAN CONSTITUTION An ALIRAN Publication - A MUST for all thinking, caring and feeling Malaysians

Contributors:

1. Tun Mohamed Suffian 2. Tan Sri Dr Tan Chee Khoon 3. Encik Lim Kit Siang 4. Dr Jeffrey G Kitingan 5. Encik Gunnit Singh 6. Encik Sim Kwang Yang 7. Encik Kassim Ahmad 8. Encik Gurdial Singh Nijar 9. Dr Tan Chee Beng 10. Encik Tommy Thomas 11. Encik Azmi Khalid 12. Dr Mavis Puthucheary 13. Encik Param Cumaraswamy 14. Encik Shad Saleem Faruqi 15. Prof R H Hickling 16. Dr Shafruddin Hashim 17. Encik Lee Min Choon 18. Encik Redhuan Oon 19. Dr Chandra Muzaffar

The topics addressed include the Historical Background, the Role of the Monarchy, the Role of the Judiciary, the Role of Parliament, the Role of the Ex­ ecutive, State and Federal Relations, the Rule of Law, Fundamental Liberties, the Ethnic Dimension, Islam in the Constitution, and An Overview. This volume also contains an important speech by Tunku Abdul Rahman, the first Prime Minister of Malaysia as well as the Citation for the Tunku who was awarded the outstanding Malaysian Award 1987, presented by Persatuan Aliran. The contributors to this volume comprise prominent legal experts, leaders of political parties and public interest aocieties, journaliats and acholara. It Is hoped that thla book will be of much Interest to thoae In power and thoae not in power, to apecialista and laymen, and to all concerned citizena of Malaysia as well aa foreignera Interested in Malaysian lasues.

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Aliran MonJhly 1992:12 (12) PDte 10 ~at comes from-the Ips reaches the ear, what comes from the heart reaches the heart. -Atab Proverb HEART TO HEART THE EXTRAORDINARY HEALING POWER OF LOVE MarjiJohns

the trials and all the sufferings One woman's story of the become bearable. To me, facing Change for the better hidden power of Love and this trial was like a challenge and Mastectomy doesn't do any­ Faith in her battle against I was going to face it to the best of my ability and not let my loved thing to one's womanhood. On cancer. ones down. the contrary, my mastectomy When MARJI JOHNS made me go through an incredible first learnt that she had Feeling Special metamorphosis. Because my four advanced-stage cancer The whole experience was men made me feel beautiful, I very, very traumatic for the four began to feel that way. 1 learnt not three years ago, she men in my life; my wonderful to take life and the wonderful decided, with God's grace, husband and three loving sons are people around me for granted - to not to be afraid. Now a actually responsible for helping live one day at a time in the best committed voluntary me to overcome the negative possible way. The ability to see hospice worker, she is aspects of the disease. They something good in adversity be­ showered me with tender loving came a part of me and it is perhaps living testimony to the fact care and they also made me feel the central trait needed in patients, that love heals. When we needed and indispensable. I am and I developed a remarkable begin to understand the proud to say that with this kind of ability to absorb new, unexpected healing power of love, she Jove, I was able to accept matters or unpleasant experiences and to be changed by them for the better. says, we will add another and return to my normal activities within a matter of weeks. Unfortunately. nf'ost of us suf­ important dimension to Family and friends made me fer before we can be changed and medical science. feel "special" and I actually began it is only through pain that we do to look at my altered body image change. as nothing to do with loss of I would now like to touch on feminity and sexual attractive­ mind over matter. We all have hen I was first told about ness. On the contrary, I was going very powerful minds. With the the possible malignancy to look and feel good, remember­ right attitude, we can brainwash W in ftly left breast, I was ing the challenge placed before ourselves and learn to accept what afraid, because the word 'cancer' me. My husband complimented we otherwise don't want to ac­ means a whole lot of fearful me on the loss of weight and this cept. Because I have a zest for things in the minds of most spurred me on to loose unwanted living, I decided to be happy in people. I remained calm and then fat. After I lost about 2 kilos; I got spite of the odds. Doctors I realized how I love comforting myself a new wardrobe and my depressed me with their statistics people in distress - so I asked whole image began to take a new and some well-meaning friends myself - "What are you afraid shape. I felt younger and more practically destroyed me with or!" I think it was more a fear of vibrant and my self esteem grew. their pity. With all the love around the unknown. I decided, with My figure is back (with clothes on me, I decided that life was worth God's grace, not to be afraid and anyway). My husband is blind to living and the family I adore honestly, I now know that when my scar and to the missing part of needed me. With this confidence you take the fear out of life, then my anatomy and I have learnt to came Mind over Matter. I was not all the terrible experience and all see through his eyes. going to sink. I was going to live

A/iran Monthly 1992:12 (12) Page 11 get the feeling of 'having grown and I want to enjoy life as I grow older. I am 50, but I don' t feel one bit 50. The most important kind of assertiveness a patient can demonstrate is in the form of a participatory relationship with the doctors who would likely be the surgeon, the chemotherapist, the radiologist and the radiographer. There is a lot of controversy amongst doctors. Sometimes doc­ tors disagree among themselves in their views on the treatment, and if the patient is drawn into the arena and asked to make a choice, it can have a very disturbing effect on the patient. Most patients do not communicate well with their doctors, either out of fear or be­ cause of certain doctors' man­ nerisms; an open and trusting relationship with the doctor is necessary. A sense of caring is the key and an empathetic doctor goes a long way. I have great faith in my doctors - they have cared for me and they have become my friends. We must also understand 11.-jl Johns: as patients, that doctors ace only human and that they too can have ...wi th all the love around me, I the not-so-good days. Doctors and cancer patients must communi­ decided that life was worth cate well. We must have faith in ourselves, our doctors, our treat­ living. ment and we must also have spiritual Faith. Faith in the es­ to help others by doing good munication is very vital. It is only sence, a simple solution, yet too deeds. I began to feel healed. then that people know what you hard for most people to practise. arc going through; and why Spiritual life has many mean­ shouldn't they when they want to ings and it need not be reflected in Reaching out in faith help you? any commitment to a definite Cancer introduced me to Life has become so precious religion. Spirituality means the 'Myself and I do like the new ME and my hours arc fi lled usefully­ ability to find peace and happi­ and I know that my husband cooking, sewing, reading, writing ness even in times of trouble. In loves his new wife in every sense letters, meeting friends and reach­ the absence of spirituality, dif­ of the word. I became very caring ing out to others. I developed em­ ficulties get magnified. Because in a very demonstrative way. I pathy for the distressed and of my spiritualism, my Faith grew wanted to reach out to share and depressed cancer patients. I real­ enormously and I decided to leave support another in time of need. ized that my Faith had also my problems to God and my doc­ There will always be the good developed tremendously. Be­ tor friends. I have had traumatic days and the not-so-good days, cause of Faith in the Almighty, I experiences in my life time - I but I take one day at a time. Lucid­ was able to tum adversity into know what it is to cry, and be sad ly, I could talk very openly on my something more useful - some­ and because of this I am able to mastectomy, because com thing as God-sent for a purpose. I comfort the depressed and truly

AUran Monthly 1992:12 (12) Page 12 understand the feelings of the fears and long standing resent­ As far as nutrition is con­ sick. We all must die, some day, ments and conflicts - "The un­ cerned, fats should be reduced but the spiritual side is always finished Business", so to speak. with an increased intake of fibre, open to everyone and can make This can be achieved through love fruits and vegetables. Moderation our lives so beautiful in a very for others and forgiveness. When and quality eating is the key. And meaningful way. a couple can survive such so too with moderate exercise, hardship each knows that they which is a potent weapon against The power of love have an unshakeable foundation depression and physical ailment. Love Heals. Even though love on which to build the rest of their Humour too is crucial - I have is hard to study scientifically, lives. learnt to laugh at myself. I am medical research is beginning to A serene acceptance promotes affectionately known as "the one con finn its effects. When doctors, health. There has to be a rainbow armed bandit" in my home. My patientS and their families begin for us on the other side of any dark husband also laughs in a gentle to understand the healing power cloud and thus I believe that way - he thinks I look prettier than of love, we will add another divine intervention can occur. ever before!! dimension to medical science. All patients must be accorded Whatever I have said can be Love of other people is always a the conviction that they can get fulfilled with the right attitude sustaining factor. well, no matter what the odds. Ex­ towards everything, doctors, My experience has shown me ceptional patients have the ability treatment, diet and care. that the resumption of living - by to throw statistics aside and say " I touching and caressing, not neces­ will be a survivor". They can push Fulfilling our mission sarily sexual activity - after the positive elements in their lives Cancer has brought new surgery or illness is a crucial sign to great benefits. Pros and cons of meaning and love into my life. of marital support for a full the various treatments should be Personal growth in the course of recovery, especially for a mastec­ put before a patient and they my treatment resulted in tomy patient. There is something should be made to understand the heightened self- esteem which more that patients need from their effects and benefits. made me feel more wholesome. loved ones - the need to deal with My hair dropped during chemotheraphy. I was not going to let this affect my personal appearance because I am so vain and so I turned to wigs. Why not put them to good use, I thought? Through God, men devised them for people like us. In closing, my Home is open to anyone who needs comforting and help, especially the depressed and needy cancer patients. I am al­ ways there for them and my family will support me in this. Here is a test to find out whether your mission in life is completed - If you are alive, it isn't. Four men who made a diHerenc:e ·From leh: And thus, I intend to carry on living, because I Alain, Husband Berny, Adrien and Andre showered don't think that my mis­ sion in life has been ful­ me with tender loving care and made me feel needed. filled.+

A/iran Monthly 1992:12 (12) Page 13 POLITICS One Man One Vote? Democracy and the 1992 Constituency Delineation Amendments

Act transferred the In late 1992, the power to delimit par­ constitutional provisions liamentary con­ pertaining to constituency stituencies from the Election Commis­ delineation were amended sion to a bare for the third time. In this majority of Parlia­ article Dr KUA KIA ment. This fun­ SOONG, the MP for damental change has Petaling Jaya discusses been described by Professor R H Hick­ the past and recent ling, the frrst Par­ changes which he claims liamentary have allowed the ruling Draftsman of Inde­ party to enhance its pendent Malaya, chances in electoral thus: 'The abolition of contexts. This, he argues, the powers of an in­ amounts to dependent Commis­ "gerrymandering" and sion smacks a little has taken us away even of expediency; and further from the principle expediency can be a Have all competing parti.. in general elections dangerous of "one man one vote". equal access to the national and public media? policy... and suggests that the Federation is A DIFFERENCE OF 15 PER intent upon destroying the relics s the 1992 constituency CENT IN THE NUMBERS OF of a paternal policy embedded in delineation democratic? ELECTORS OF ANY CON· the original Constitution, under I To be clear on this, we must STITUENCY TO THE ELEC· which a number of independent look at the cardinal principle of TORAL QUOTA (Articles 113 to bodies (in addition to the Supreme representative democracy of"one 117). Court) shared, with the legisla­ man one vote" as it has evolved The "electoral quota" or na­ ture, the authority of the Federa­ and changed in this country tional average, was defined as the tion." before we look at the current at­ number obtained by dividing the A new 13th Schedule set out tempt by the BN Government to number of electors in the Federa­ certain new features that included redelineate the constituencies yet tion by the total number of con­ permitting a weightage of up to again. stituencies. 2:1 in favour of rural constituen­ cies. This effected a major change THE 1957 THE 1962 in the nature of representative CONSTITUTION AMENDMENT government in the Federation. Thus, from the difference of The original Merdeka Con­ This 15 per cent difference 15% of the voters for one con­ stitution provided that in drawing was not satisfactory to the then stituency to the national average up constituencies, THERE Alliance Party and the Constitu­ as stipulat~ under the 19.57 Con- SHALL NOT BE MORE THAN tion was amended in 1962. This

Aliran Monthly 1992:12 (12) Page 14 Now if, according to Section 2(c) of the Thirteenth Schedule, "the number of electors within each constituency ought to be ap­ proximately equal throughout the unit of review," then the Federal Territory of Kuala Lumpur should have 10 parliamentary seats. However, it was only allocated 5 seats while Selangor was allo­ cated 11 seats! In view of the increase in the electorate of Penang, Perak and Malacca, these states should UNFAIR I· No increase in parliamentary representation for Penang. likewise have had further in­ creases in parliamentary repre­ stitution, the changes in 1962 2(c) of the Thirteenth Schedule sentation compared to what they enabled differences of 100% in had read: were actually allocated under the the electorate between an urban "The number of electors Amendments. and a rural seat. within each constituency ought to Thus the average electorate However, the practice during be approximately equal per scat per state ranged as wide the sixties saw even greater incon­ throughout the unit of review ex­ as 20,000 for Pahang to 45,000 for sistencies. During the 1969 cept that, having regard to the Wilayah Persekutuan. And if par­ general elections, for example, greater difficulty of reaching ticular seats between different the Parliamentary constituency of electors in the country districts states were considered, there were Johore Tenggara had an electorate and other disadvantages facing discrepancies as big as a ratio of of 13,821 while the Bungsar par­ rural constituencies, a measure of 1:6 in the urban-rural weightage. liamentary constituency had an weightage for area ought to be Before 1973, the changes in electorate SIX times as large, viz. given to such constituencies, to the number of constituencies for 81 ,086! This meant that the the extent that in some cases a each state could be effected by a Bungsar electorate were under­ rural constituency may contain as simple majority in Parliament. represented politically, for they little as half of the electors of any But with the Constitutional could have had another five MPs urban constituency." amendments, the Government en­ representing them. The 1973 amendments deleted sured that the rural weightage and As the MP for Ipoh, D R the words "to the extent that in under-representation of the urban Seenivasagam said during the some cases a rural constituency electorate would become difficult debate on the 1962 Constitution may contain as little as one half of to undo. Amendment Bill: the electors of an urban con- There have also been ger­ "What democracy are you stituency." . rymandering within states them­ talking about when so blatantly Thus at a stroke, the check selves. For exampie, from 1959 to and so clearly you are giving against too great a disparity be­ 1974, Penang island had 14 state yourself power to use, perhaps in tween urban and rural seats was assembly seats while Penang a crude way, to give double vote removed and constitutionally, the mainland had 10 seats, reflecting to rural folk as against the urban Elections Commission can draw the bigger electorate on the is­ population ... Surely, there could electoral boundaries in which ten land. However, in 1974 there was be no greater violation of rural seats equal one urban seat. serious gerrymandering when democracy as we know it or as it All these Constitutional Penang island's state repre­ should be known, in this country." amendments were only possible sentation was slashed from 14 to with the help of all the BN com­ 12 seats, while the mainland's THE 1973 ponent parties. The 1973 Con­ (making up only 45.9 per cent of AMENDMENT stitutional Amendment also the state's voters) was increased reconstituted the membership of from 10 to 15 state assembly As if this was not enough, in the Dewan Rakyat. The 104 par­ seats. 1973 the BN government intro­ liamentary seats in West The political reason for this duced yet another Constitution Malaysia were increased to 114 gerrymandering in 1974 was Amendment. Originally, Section seats. clearly to increase the UMNO

Aliran Monthly 1992:12 (12) Page IS state constituencies in Penang to Secondly, it destroyed the in­ of ordinary State Assembly meet­ ensure that the Gerakan Govern­ dependence of the parliamentary ings to pass the respective con­ ment under Lim Chong Eu. who service by doing away with the stitution amendments to allow had defected from the Opposition separate "closed service" of the increases in state seats showed to the BN. could be re-elected Parliamentary staff, which exists that they were doing so at the be­ with the additional UMNO seats. in the Commonwealth Parliamen­ hest of their political masters, ie. tary system to protect it from UMNO. . political interference. It further demonstrated the THE 1992 Furthermore, the proposed in­ lack of independence of the Elec­ CONSTITUTION crease of 12 additional parliamen­ tion Commission. For under the tary seats but with no increase for Federal and State Constitutions, AMENDMENTS Penang state is a purely political the Election Commission has no The very process of this most decision with no regard for the right or power to demand the recent Bill through Parliament democratic redelineation of con­ holding of emergency State As­ demonstrated the contempt stituencies. For if the Government sembly meetings. showed to Parliamentary can justify the increase in three democracy in this country. Par­ state seats for Penang because of CONCLUSION liamentarians first saw the Bill the increase in the electorate, then Thus for anyone to claim that one day before it was debated on why is there no increase in par­ general elections in Malaysia are 20 October 1992! liamentary seats for Penang? fair, they must first ask whether: This Bill was firstly, a blatant And by giving its agreement to • electoral constituencies are political interference with the in­ the unfair treatment of Penang fairly and democratically dependence and integrity of the through no increase in parliamen­ delineated to uphold the Election Commission. Under Ar­ tary representation, the Penang democratic principle of "one­ ticle 113 (2) (ii) of the Constitu­ State Government has traded man-on e-vote"; tion, the Election Commission is away the democratic and political conferred the responsibility of rights of the people of Penang • eligible voters are given fair reviewing the redelineation of under our federal system. and reasonable access to register constituencies at an interval of In fact, the Law Minister had as voters; eight to ten years. At the time of claimed in his winding-up speech • all competing parties have the Constitution Amendment in that the increase of 12 parliamen­ fair access to the national and October, eight years had not tary seats was justified because public media. lapsed for the Election Commis­ the population growth in the sion to begin its review. seven states affected had ex­ It is clear that there must be a If the Election Commission is ceeded the national average of constitutional review to lay down independent, why did it not dis­ 4 7,000 voters per constituency. a consensus for the percentage of cuss the latest proposals with the If we use his argument, then rural weightage that is acceptable. Opposition but only with the Penang should have at least one We need to ask what is wrong ruling parties? new parliamentary seat since with the 1957 Constitution agree­ The swift manner in which the Penang had already exceeded the ment that stipulated that there 1992 Constitution Amendments national average with 50,838 should not be more than a 15% have been passed in the federal voters per constituency in 1990. difference between constituen­ and state Assemblies has more to On the other hand, Perlis should cies? do with the design and plan of not have an additional parliamen­ The gerrymandering that has UMNO. Only a few months ago, tary seat since it only has an been going on all these years the press reported that the UMNO average of 33,032 voters per con­ makes democracy in Malaysia a Supreme Council had already stituency. farce. It is also clear that the com­ decided on the establishment of position of the Election Commis­ 12 new divisions. And UMNO EMERGENCY STATE sion must be seen to be fair, made divisions being based on Par­ ASSEMBLY up of personalities who command liamentary constituencies. it is MEETINGS the respect of the public for their clear how it has come about that independence and must include 12 new parliamentary constituen­ The manner in which every representatives of all parties. • cies were proposed under the state government, including 1992 Constitution Amendments. Penang called emergency instead

A/iran Monthly 1992:12 (12) Page 16 LABOUR

TRADING LABOUR RIGHTS IN MALAYSIA

~-~~~~~~~~ electronics industry The Malaysian ~ \ . safeguards national inter- government has long been \ t l ' ests. Officials of accused of not respecting CUEPACS, the largest affiliate of the MTUC, workers' rights. In this criticized the IMF for piece, the Hong-Kong singling out Malaysia in based ASIA MONITOR its complaint to the ILO, RESOURCE CENTRE arguing that many other reviews the labour right member countries do not comply with ILO Con­ situation in Malaysia in vention requirements. the last few years. After the IMF submitted ~ its request to the ILO, MLO general secretary K nder international pressure Sanmugan quickly as­ to allow unionization in its serted that the labour or­ Ucountry's electronics in­ ganization has no power dustry, the Malaysian government ~. to bar countries from at­ has instead stepped up its anti­ ·.' tending its annual con­ union rhetoric and tactics. After ference and can only learning that the International "send a team to inves­ Metal Workers Federation (IMF) tigate allegations and was lobbying for a motion of the persuade the government United Nations-affiliated Interna­ to take the necessary ac­ tional Labour Organization (ILO} tion." to sanction the Malaysian govern­ MTUC President ment, Human Resources Minister Zainal Rampak denies Lim Ah Lek instituted a series of Multinational electronics companies assert that the workers' cam­ great pressure on the Government to disallow vigorous attacks on the IMF, the a national union for workers in the industry. paign is "unpatriotic." Malaysian Trade Union Congress He says that the MTUC is (MTIJC) and local unions. officials for being paid excessive "pro-investment, pro­ Lim has attacked the MTUC salaries and enjoying more perks employment but is strongly anti­ and "certain local unions" for than other professionals. exploitation." He explains that the trying to "embarrass" the govern­ The MTUC has had to face not MTUC and IMF have made offi­ ment. In April, Lim said that only government attacks, but cial complaints to international MTUC leaders were irresponsible criticism from rival labour or­ bodies only after the government for criticizing the government and ganizations. CUEPACS (Con­ repeatedly ignored or squashed lodging complaints with interna­ gress of Unions and Employees of the attempts of workers to form a tional bodies. He also called upon Public and Civil Services) and the union. MTUC affiliates to "do some­ Malaysian Labour Organization thing about it," charging that (MLO) were quick to pledge their Profiting from union leaders had been "sitting support for the government's repression too long doing nothing," and "get­ stance. CUEPACS President, ting away with too many things." Mohamad A bas, says that the ban Today, Malaysia's electronics Lim even criticized trade union of national unions in the industry employs approximately

Aliran Monthly 1992:12 (12) Page 17 120,000 workers. It is one of the electronics workers. Despite conference, the IMF released a country's fastest growing in­ these requests, the ILO allowed book entitled Malaysia and the dustries and is estimated to ac­ the Malaysian government to par­ fLO - Two Decades of Violating count for about 70 percent of ticipate in the conference. IW Conventions. In this 60-page Malaysia's annual economic Incidents like the Hitachi publication, the IMF charges that growth. strike led US trade unions to call Malaysia is the "number one" Multi)lational electronics for the suspension of Malaysia contravener of ILO conventions companies began locating in from the Generalized System of on organizing and collective bar­ Malaysia in the early 1970s, after Preferences (GSP) trade gaining. the country established free-trade programme in the late 1980s. The The IMF claims that while zones in Penang. US electronics GSP programme allows develop­ there are countries where workers companies, among the first to in­ ing countries to ship certain are more exploited, "no other vest, requested and obtained from products duty-free into the US. A country has been so repeatedly in the Malaysian government a per­ country's GSP status is contin­ the dock at the ILO on the same manent ban on union organizing gent on its upholding basic inter­ issues, with the same condemna­ in this sector. Labour activists and national labour standards, tions, in the same industry, over non- governmental bodies in including the right of workers to so many years." The IMF publica­ Malaysia have attempted many organize. The Malaysian govern­ tion says that the actions of the times to organize electronics ment responded to the US labour Malaysian government not only workers, but the government, initiative by announcing that it show disregard for the ILO, but under heavy pressure from multi­ would lift the ban on unions in the also weaken the overall position national corporations, has fought electronics industry. and established rights of unions in against union organizing efforts. US electronics multinationals other countries. In 1990, for example, 1,100 immediately launched a massive Before the conference took Hitachi electronics workers went lobbying effort against the place, the IMF had made efforts to on strike when the government decision. As a result, the resolve its dispute with the rejected their membership in the Malaysian government again Malaysian government, propos­ Electrical Industry Workers changed its position and said that ing a meeting between a Union (EIWU). All workers were it would only permit "in-house" Malaysian government repre­ dismissed and were not rehired unions. Under this policy, com­ sentative, an IMF representative until they apologized to the com­ pany or plant- based, as opposed and a nominee of the ILO direc­ pany for having gone on strike. to industry-wide, unions are al­ tor-general. The company refused to re-hire lowed if 51 percent of the workers The government's failure to workers who had been involved in in a particular plant sign up. Six respond to labour demands led the organizing workers to join the such in-house electronics unions IMF to call upon alllLO delegates union. currently exist, according to the at the conference to support ac­ government. tions against Malaysia, maintain­ Multinationals block Many Malaysian electronics ing that the labour organization labour's victory workers have expressed a desire must adopt a stronger position to to join the EIWU, but the govern­ make clear to the Malaysian In April, the IMF called on the ment maintains that membership government that the ILO govern­ ILO governing body to use its spe­ in the union is not open to workers ing body will no longer tolerate cial powers to suspend the from the electronics manufactur­ Malaysia's repeated and persist· Malaysian government from par­ ing sector. When the MTUC of­ ent flouting of key conventions. ticipating in the ILO General fered to set up an electronics In response, Malaysia's Prime Conference in Geneva in June, the industry union, the Malaysian Minister Mahathir reportedly latest in a long series of com­ government refused to register it. threatened to denounce ILO Con­ plaints to the ILO concerning the vention No. 98 on anti- union dis-­ Malaysian government's viola­ International impacts crimination and take Malaysia out tion of international labour rights. of the ILO.+ The IMF also recommended that As a result of the IMF and .the suspension be upheld until the MTUC's efforts to highlight Source: Multinational Monitor, Malaysian government abides by labour repression in Malaysia, 28 October 1992. ILO conventions (worker rights worker rights in Malaysia became guarantees) relating to freedom of a major issue at the June ILO association, particularly for General Conference. During the

Aliran Monlhly 1992:12 (12) Page 18 poised over virtually every decent natural gem in the country - Tioman, Penang Hill, Langbwi, Redang. He seems able to venture where no others cnn or dare. Is it some wonder, because he is so close to Dr M and ever so buddy-buddy with the Finance Minister? The man was even the subject of fierce debate at the recent Umno general assembly. Delegates to the assembly wanted to know how Vincent Tan couJd get his grubby fmgers on things that even the most elite of Umno members could not. I am surprised that these Umno chaps do not know the answer. It is something many Umno members themselves have enjoyed hugely over the years -political patronage. The only hitch here as far as the Umno guys are concerned, is that AN ISLAND FOR A The same politician also tried to like all things in life, some are more justify the absurd price by saying equal than others. SONG that other state governments But why blame Vincent Tan? sometimes gave away land for free He is only a businessman, and the The intellectual abyss into to investors because they wanted majority of presentday which some of our politicians have development in the state. It is really businessmen as we know of them, sunk could not have been more not nice of hlm to imply that other are driven by greed and quick profit aptly demonstrated than at the state governments are composed of The real enemy is not recent sitting of the Terengganu more severely brain-damaged get-rich-quick businessmen in the State Assembly. A state exco people than those in hls own state. likes of Vincent Tan, but us, for member, in attempting to defend Moreover, considering the rock­ giving the mandate to people who the sale of Pulau Redang for a song bouom price at which Pulau cannot tell a priceless heritage of (they say the deal was struck in a Rcdang was sold to Redang Island nature from a sandy patch in the sea. karaoke lounge), described the Resort (a subsidiary of Berjaya We voted them into power, so we island as "valueless" prior to the Group), the Terengganu state now pay the price. sale. The state had sold the island, government might as well have And arc we paying through the said to be surrounded by the most given it away for free. nose! lt was recentJy reported that beautiful corals and waterlife in the The island made business news now that the Perlis state world, for a mere RM331.500. headlines rcccntJy when another assemblymen, in the muddy Theexcochapsoundsaslhough subsidiary of Berjaya Group, footsteps of MPs who jacked up part of the South China Sea has Berjaya Leisure, bought the island their paypacket last year, had also seeped into hls brain. Any child from Redang Island Resort for upped their own salaries by (and nny adult not suffering from double the price. In fact, the RM840. brain damage) would be able to tell watery-brained politician at times Among the reasons offered that the island nnd its corals are sounded like the spokesman for were that the increase would enable priceless. Y ct. we have so-called Berjaya Group. It makes one them to provide better services and representatives of the people wonder whether he is an elected cope with soaring expenses. Surely describing it as valueless! Even representative of the people in we arc not expected to swallow that. more appalling is the island is that Terengganu or an indebted Not all of us are brain-

A/iran MonJhly 1992:12 (12) Page 19 retwned from abroad one day to people generally end up voting in plain guilty, immediately ordered a fmd a RM600 grocery bill incwred the regular buaya. ban on paraquat and other by his constituents whose homes One wonders too whether herbicides at mental hospitals. had been flooded while he was anyone would notice the difference Actually the residents of away. One can only say that he had if the animals in the enclosure Hospital Bah:lgia should respond no business jet-setting while the outside were to change places with by ordering a ban on future visits by homes of constituents were getting some of those inside. If that this VIP, or any other politician soaked with flood walcrs. Truly, happens, Tan Sri Zahir may fmd YIPs for that matter, given their our elected representatives wiU himself with a more orderly bunch hazardous nature. It is bad enough have to come up with better on his hands. Come 10 think of it. that VIP visits cost unnecessary argwncnts- and action -to convince there is no need 10 spend anymtte money and manpower hours us thai they deserve to pocket more of our money constructing costly without the additional cost of of our hard-earned money. enclosures for MPs who misbehave precious lives. in the house. We can just put them And surely everyone will now outside to play. rween. chalter and have to agree thai I have, all this • • • graze with the animals. Those MPs while, been neither vicious nor may even pick up some manners. wicked in my view that politicians PARLIAMENT'S The only hitch here is that the are both dangerous and hazardous animals (not the MPs) may not wish to public well- being. ANIMALS to be seen in the company of A newspaper recently carried a politicians. report on Parliament's zoo - I am • • • not talking about the MPs, for goodness sakes. This is a real zoo ••• TILL GOLF DO US with chaUcring birds and animals like the forever playful deer, the ONE (VIP) FLEW APART vain and preening peacock and the OVER THE And while on the subject of kerbau anoo which just grazes the death, it appears that golf, thai elite whole day without making a sound. CUCKOO'S NEST game second onJ y to horse-riding in Okay, okay, I can't blame you for Soey-only, the Chinese would snob ratings. is rather treacherous to assuming thai I was rererring to the have said. Eight inmates ofHospital health especially for those over 60. MPs. I know some MPs are going Bahagia (where things have not It was recently reported that a to feel grievously insulted at being been so bahagia of late) died survey had round that those over 60 mistaken for animals, but just think following the visit of a VIP. Far were more likely to suddenly kick how much more slighted those poor from an extreme reaction to the bucket on the golf course animals are going to be when they politicians, the poor chaps died although common sense would teU read that they had been mistaken for from p:li"3Quat poisoning. It seems you thai anyone over 60 would be politicians. they had consumed beverage from more likely to Icicle the bucket Parliament's own little zoo containers contaminated by the :.~ywhere. The survey also warned came about because of all these lethal weedkiller which had been oldies agamst mountain-walking unusual girts of animals from liberally sprayed over pans of the and jogging leading readers to foreign governments that Jert the grounds in preJXlr.ltion for the VIP's conclude that the surveyors Speaker Tan Sri Zahir at quite a loss visil obviously have few other useruJ about what to do. (Sometimes we It is pathetic how the hospital things to do. feel the same with our MPs.) It authorities will go to all lengths to Malaysian snobs, particularly seems the animals cost quite a bit to beautify and neaten the grounds so old Malaysian snobs, ought to take feed and C3'C for because they have as to impress one VIP while being note of this. And it looks like a vorncious appetite. (Don't we so negligent of the safety of the Selangor is going to be one of the know!) But I'd settle for animals people under their care and most perilous SbteS to live in for (not the MPs) anytime. For the protection. It demonstrates quite well-heeled oldies. The Selangor s:une reason, I am not surprised clearly, and very sadly too, the MB, after teeing off (during orr~ee whenever I read of the eccentric priority of the Health Ministry. hours) was heard announcing that English voting for donkeys and The VIP, who was either very the state would boost of SO golf dogs in their general election. Here, genuinely contrite or just feeling courses soon. He said there were

Aliran Monthly 1992:12 (12) Page 20 already more than 40 right now and 1997, he should not only stop way that "what a country needs to seven more would be buill soon. He logging, but prohibit any sort of develop is discipline rather than is confident the endless string of development in areas still covered democracy". To Harry, golf clubs will attract the golf crazy by forests. western-style democracy is Japanese and their mighty yen. As inimical to development because it always, we are ever anxious to leads to indiscipline and disorderly p~ the IOurists. Hopcfully,lhose ••• conditions. Japanese who come swinging in Fortw\aael y his words are only will be below 60 years otherwise KOOKY TEACHERS as important as the Ten we may end up with toppled Commandments in Singapore buckets all over the fairways. Can our students be blamed if alone. His Filipino hosts listened The MB, who is beginning to they do not tum out as we expect? politely to his sales talk and upon sound like someone who has been Maybe not all of them, and at least his departure, threw the idea out of hit more than once in the head by a not those in the land of musewns, the bathroom window. The flying golf ball, also urged the Malacca, for it was recently Philippines, its people-power leachers privale secta to build "padang golf reported that at least 15 in citizens were happy 10 note, is not ralc:yal''. Whatever in the world the state have been certifaed by the prepared to sacrifice democratic could he mean by that? Ministry of educal.ion as suffering processes for discipline. The Membership to a golf course from dementia. 11'131 is a nice way multi-island state may be far less has rocketed so skyhigh that one has of saying that you are not quite prosperous and developed than to be either an extremely alright in the head. The poor Harry· s island state, but it is high-salaried worker or a MARA teachers should have gone into certainly far more developed and bigshot to be able to play the game politics instead -no one would have worlds richer in the hwnan spirit without fracturing one's household noticed a thing wrong with them Given the Catholic background budget. As such, anyone who can since what else can we expect but of the Philippines, I cannot help but afford the game can h:lrdly be a the worst from politicians. But tell this silly little joke: raJc:yat in the broad sense of the these 15 ~rs are said to be Moses went to see God for word. seeking medical treatment at the something for his headache The way golf courses have general hospital -they may be nuts, bocau9e the desert heal was getting mushroomed in Sclangor and other but no way are they going to stoop 10 him. So God gave him two tablets states have simply amazed the so low as 10 twn politicians. filled with the Ten man-in-the-street who is constantly Commandments of course - with being told that there is a shorUge of the following advice: Take two land for low-cost housing and other ••• tablets and call me in the morning. much needed public amenities like Needless to say, the Ten parks and playgrounds. So how SINGAPOREAN Commandments caused Moses's come there does not seem to be a HEADACHE headache to develop into migraine. shortage of land for golf courses? But, guess what God said after The MB also said there would Harry Lee, now that he has hearing Harty's version of the Ten be no more logging in Selangor allegedly retreated to the political Commandments? Answer: Give after 1997. His announcement backstage of Singapore, has been me those two tablets, I have a looks and sounds good, but rcaUy, trotting around Asia, headache. do you think there will be any real recommending the Lee brand of Meanwhile, physicians here forests left in the stale by the time democracy to "ailing" nations were quite amazed to read of 1997 rolls along? It's like expecting everywhere. During a visit to the Harry's diagnosis of his son's Commwlist China to be democratic Philippines, he told businessmen cancer. Hany attributed the main in dealing with Hong Kong. He there that with the departure of cause of his son· s illness to the claimed that no fresh logging American forces from the country, stress of not only being Minister of l.icences h:ld been issued here since now would be a good time to also Trade and Industry, but also the 1989 but in the next~. said~ get rid of American-style burden of having to bke care of the logging was still allowed in areas democracy - sort ol throwing out other ministries. • which are being developed. Indeed. the American baby with the That is indeed shocking. The if the MB is sincere about having military bathwater. He told the ministers in the other ministries any forests left in Selangor after Philippines in his usual patronising ought to be sacked for not doing

A.lirtul Monthly 1992:12 (12) Page 21 (the Cabinet's idea of a caring Santa. For one, politicians wiU do society) to greedy developers who anything for money and for another, have pecsist.ed in buikling luxwy they are so used to public derision condos instead of low-cost and and insult that they would not mind medium-cost housing for the the treatment from disillusioned masses. These rapacious kids. businessmen are the ones feeling the weight of expensive concrete and steel on their hands now that the • • • economy is stowing down. But some of them are still satisrICd with ROYAL TRAFFIC the change. The speed with whlch the Hnance Minisay and Cabinet POLICEMAN has responded to the developers lf the Queen of England thinks shows where the governme:-~t's that 1992 has been an annus priorities lie. The moral here is that horribilis for her then surely a it pays to cultivate friends in high certain royalty closer to home must pb:es - the higher the better, like be suffenng from the most horrible their share of work and for condos. It also pays to be greedy. form of constipation. The recent over-relying on the sick boy. But exposure on the abuses by members some think that Hsien Loong's of the Malay royalty has so stressful days began way back • • • horrified the commoner among dwing childhood for he was one of Malaysians that surely many of those high-achievers, always SANTA CLAUS-A them must be suffering from wanting to be the best Personally. I constipation too. They could hardly think the poor boy's chief source of LOST CAUSE believe their ears- murder, rape (of stress is Harry. For the second year running. humans and rainforests), assault, Santa Claus was physically abused threats and intimidation, by members of the public in New conuption, free-loading. • • • Zealand. This time around, Santa The things that have burst out of GREED PAYS was pelted with eggs and the royal Pandora's box have water-bombs (which probably fascinated even those who thought Who Stys rules will be rules? It turned into ice by the time they they had seen every scandal there all depends on who you are. If you landed, so }OU can il113gine how was to see on these shores from are a well-connected developer painful that must have been) by BMF onwards. Considering the with friends in high places. you can children at a Chri-;tmas parade. endless print and soundbyte from get anything you want - islands. Last year's Santa was verbally the medi'l (and elsewhere in this hills, you name it ... And to show abused and kicked by angry crowds newsletter) on the issue, all that this how powerful the building industry after he rJJl out of candy. Thus the column has 10 say is that the Johor lobby is. it was reported recently organisers this year thought it traffiC police ought to be ashamed that the Cabinet had approved prudent to hire a former policeman of themselves. The sultan is changes in the FJC guidelines to to play Santa. But the kids certainly doing a beuer job than allow foreigners 10 buy condo units obviously don't believe in Santa them. And he docs not even and houses costing below Claus anymore. That's probably demand brihcs from olfenders. RM300,000 with the minimum because they arc no fool-; unlike And reluctant as I am to admit coodjtions attached. Previously any some adults. Everyone knows that this, our MPs in Parliament for purchase of condos costing Ctuisti113S i~ just another excuse to once, did what we put them there RM500,CXX> or less came with a spend. spend. spend. and that the for. But if the past is anything to go string of conditions, including true spirit of Ctuistma.-; lies within a by. I think thls is one of those owner-occupiership and bottle, a weU-p3dded purse or a flash-in-the-pan things. So let's prohibition from selling the valid credit card. enjoy it while it lasts. property within a five-year period. lf the organisers had any sense, The cwrent relaxation of the they would have hired a politician -byNNP rules is obviously a helping hand instead of a policeman to play

A/iron Monthly 1992:12 (12) Page 22 BOOK REVIEW unmentionable Goldziher and Schacht (sic!), by the way, never came to this conclusion! In the second place, nothing A GALLANT BUT DEFECTIVE but good can happen to Islamic jurisprudence if this re-examina­ REVIEW tion is made. It can only bring Kassim Ahmad Islamic law into line with all that is best in the modem world, in­ thank Sdr A Rahim Abdul Hadith), the Muslims regressed stead of remaining in an impos­ Karim for his review of my and declined. The Hadith was a sible medieval cu'l-de-sac. Just Inew book and for his generous later ideological development. consider the vexed questions of request to the Penang State and did not exist from the begin­ the status and role of women in Religious Affairs Council to re­ ning. This is clear from the date of society and of the so-called hudud scind its 'apostate' ruling against the Hadith compilation for both or fixed punishments. On both me. the Sunni and Syiah schools. I do these counts, as in many others, For all Abdul Rahim's ap­ not expect a person with Abdul following the Quran would parent objectivity, I think he had Rahim's capacity for objective present a perfect way out for the missed the central point of my understanding•(o miss this point. Muslims. book. Many earlier authors, par­ Abdul Rahim claims that I do I wish in my soul that I can ticularly Malik Bernnabi whom I not deal with all the points raised somehow do something to ap­ quoted (pp. 84-85}, have stressed by my critics in their six books. pease my theological critics. I that point. The point is that for as Either he did not give my book the cannot, and in the new book I did long as the Muslims adhered to careful reading it deserves, or he not, in spite of Abdul Rahim's the liberating world-view of the has already made up his mind gallant apology for me. Abdul Quran, they progressed and regardless of my arguments. For Rahim said, " ... Kassim Ahmad progressed very rapidly; but no the ten points that I listed (pp. has ... clearly retreated from the sooner did they abandon it for the 17 -18) covers all the objections earlier stand. This point should narrow, rigid and suffocating that my critics raised against me. not be missed by his critics." Any world-view of the later All these I answered, some very careful reader can see that I have theologians (centring on the briefly, but on the whole ade­ stood my ground, only because quately, in chapters I, there is no other logical ground to 2, 3, 4 and 5. stand on! Rightly, Abdul It is a pity that in his rush to Rahim fears for the write what he must consider an fate of Islamic objective review, as opposed to jurisprudence, if the the emotional ravings of the Hadith were dis­ theologians, Abdul Rahim did not carded. In the first find the time to give serious place, nowhere did I thought to the five last socio­ advocate the discard­ political and philosophical chap­ ing of the entire cor­ ters, dealing with such topics as pus of Hadith. I scientific methodology for under­ simply asked for re­ standing the Quean, the decline evaluation to be made and fall of the first Muslim on the basis of the civilization, and the current state clear teachings of the of Muslim societies. He did, how­ Quran. Those hadith ever, disparagingly mention the that pass this test can American philosophical figre, 1 be retained; those that Lyndon H LaRouche. whose do not must necessari­ political movement in the United ly be discarded. Is States and Europe I discussed in there anything more some detail due to its logical con­ On the role and status of women: Following the simple and logical nection to the theme of my book - Quran would present an acceptable way out for the than that? The Orien­ the absolute need for the world's Muslims. talists, including the return to Quranic teachings.•

A/iran MonJhly 1992:12 (12) Page 23 Questions for the Defence Minister'. (AM 1992:12(6)) LETTERS The said writer must be a person with deep knowledge of the state of the nation's military logistics and hardware. Judging from his argu­ ments and recommendations, he must also be very well versed in military strategies. I am astounded. to say the least, as to why the Government is willing to spend so much just to acquire two new relatively ordinary corvettes for such an exhorbitant cost in excess of $2.2 billion - while at the same time neglecting to upkeep and maintain the existing equipment and arsenal! The high frequency of crashes in­ volving R~1AF aucraft is ample proof EAST TIMOR: relatively brief detentions of eight to to this sad state of affairs. On top of 18 months for Indonesian soldiers. that, there are a large number of war­ CONSISTENT To its credit the Malaysian ships undcrgomg repair and lying in Goverrunent has recently spoken out limbo in the various shipyards in the STAND NEEDED against a distant astrocity: the vic­ country! timization of the people of Bosnia­ This shoddy state of affairs is due We the undersigned are gathered Herzegovina. In the interest of to several factors: today, 12 November, to mark the fll'St consistency and the commitment to • Most of the equipment is old anniversary of a terrible, senseless the people of the South East Asian and obsolete. Some are rendered massacre wh1ch took place at the region, we call upon the Government beyond economical repair (BER) but Santa Cruz cemetary, outside of Dili, to take similar, immediate action are still in use. These equipment need East Ttmor. Reliable human rights against human rights abuses which urgent replacement. sources have by now documented 273 are continuing in neighbouring * The Anned Forces has got the casualties. with many more missing countries, including those long suf­ 'habit' of procuring 'fUJlny' equip­ or wounded. Among the casulties was fered by the East Ttmorese. We sup­ ment which is not common in the a young Malaysian student Kamal port a regional peace conference to market (either discards or prototypes). Bamadhaj who was studying in help resolve ISsues like East Ttmor in It either procures old and second hand Austr.tlia and was visiting the place the interest of returning the right of equipment which have no logistical out of his concern for the plight of the self- determination to the people of support or buys state of the art new people of East Timor. This gathering this reg10n. We stand opposed to let­ equipment (prototype) which is is held lest people in Malaysia should ting the perpetrators of such in­ beyond the comprehension of the give in to the media blackout and for­ humanities take our s1lence as consent operations personnel IJld which getthe internationally condemned Human rights should know no disheartens engineers IJld technicians atrocities laJot year which was only an polillcal, national boundaries, who have to mamtain them! episode m a continuing nightmare ex­ relig10us divisions or any other bar­ * Logistical and technical support perienced by the East Ttmorese, riers. are given least priority. RMAF en­ beginning with the Indonesian in­ (This letter carries 94 signatures) gineers and technicians are badly paid vasion of that country in 1975! and their morale is at zero level. For The Indonesian military's annexa­ that matter, most RMAF engineers tion of East Timor remains illegal and technicians are so fed-up with the t.l(by l.ecause it is still not recoemsed service that they just wait to leave. by t.he Umted Nations. Indonesia still The widespread dissatisfaction is amasses one of the world's highest POOR MORALE justified if one cons1ders that an troop concentrations, estimated at AMONGST RMAF RMAF engineer (w1th sill years of 30,000, in supposedly pacified East working experience gets paid only • Tunor. Hum all rights violations con­ ENGINEERS $1,500 per month with an annual in­ tinue unabated as reflected by the crement of only $75! To make matters stark discrepancies between the sen­ I must congratulate the wnter worse, on top of this miserable low tences handed out to those held 'Bemused &Jld Bewildered' for high­ pay, engineers are entitled to low in­ responsible for the brutalities at Santa lighting to the Malaysian public the terest government housing loans! It is Cruz: five years to life impriwnment dubious cucwnslaJlCes surroUJlding not surprismg then that the RMAF IS for East Timorese, as compared to the the RMN corvette project with Ius ar­ experiencing a high turnover of tech­ ticle 'The RMN Corvette Project: nicians IJld engineers thus worsening

Aliran Monthly 1992:12 (12) Page 24 the quality of maintenance and servic­ has won the United States presidential Today, the sentiments of freedom ing of the militnry's equipment. election with a landslide victory. His and equality have been substituted Numerous appeals to the victory augurs well for the with ethnic favouritism, political authorities, especially the RMAF, had Democratic party after a lapse of manipulation, propaganda., corrup­ been made but all fell on deaf ears. As twelve years since Jimmy Carter be­ tion, parochialism, anti-federalism usual, when faced with any problem came president under a Democratic and religious fanatism. All specially and in this particular case, the acute party ticket. imported from Peninsular Malaysia - shortage of engineers, the RMAF Bush's defeat is a clear indication 'gifts of goodwill'. resorted to the 'standard practice' i.e. that the electorate rejected his en­ The Islamic religion, in general, selecting the 'left-over' technicians deavour to seek another term of of­ is a gentle one. It is neutral and (as most of the average and above fice. The humiliating defeat suffered preaches faith in Allah. Somehow, the average technicians had either left or by Bush was the result of his repres­ teachings of Prophet Mohammed are about to leave the service) with sive foreign policy and his incom­ have been misinterpreted and abused only SPM qualifications to fill the petence in handling domestic aff~. by various quarters. The flaws are vacancies for the engineers' posts. It Too much emphasis was placed on many and have sometimes proven to is happening right now in the Royal foreign affairs while scant attention be very unreasonable. Here are some Malaysian Navy and the RMAF! was given to internal economic and of them: If the RMAF is so adamant in pur­ social problems. • Oenoundng other religions suing its present policy, then I am Those countries which are hostile There is no religion in the world afraid it is not marching forward but to the US rejoice in the end of Bush that denounces other religions. It is instead going downhill! I can only era. Countries such as Iran, Iraq, the people who do so. People like pray for the Malaysian taxpayers Libya, Cuba, North Korea and Syria Sheikh Ahmad Deedat in AM whose hard earned money is being have never 'kowtow'ed to the threats 1992:12(3) require urgent pyschologi­ wasted in this manner. of the US. cal examination either by Colonel I say stop creating more 'white Bill Clinton will be installed as Rabuka or our beloved Samy Vellu. elephants' and start investing in your the 42nd President of the US on 20 •HUDUD LAWS- AM manpower to get the best out of them. Janunry 1993. His inauguration to the 1992:12(7) Give the engineers their full due and presidency will undoubtedly deter­ We have the Constitution, Acts of the salnry scale and perks they mine the destiny of the US. Parliament, Laws of Torts, Criminal deserve. It is a known fact that en­ It is a fact that whoever becomes Acts etc, to serve the people and the gineers who still have contracts bind­ the president of the US tends to be nation. Why bring in an ancient ing them to the RMAF are only pro-Israel. He has to submit himself religious law that is inappropr-iate to waiting to leave. Sadly, right at this to the power of the Congress. The today's socio-economic environment? moment, they are protesting in silence Middle-East peace talks are likely to • RJGITY by resorting to work-to- rule until come to a deadlock. Hopefully, Anybody who is a Muslim caMot their 'problems' are solved. Just for Clinton's administration will strive convert to any other religion as he or the record, these engineers are loyal hard towards the achievement of she pleases. Politically speaking, this and dedicated to their work. They had global peace and harmony. person is not given the freedom to waited patiently for seven to eight FAIZIN B. ARSHAD choose. Human rights in Malaysia? Let's skip the subject. years for their problems to be solved. BUITERWORTH Patience is running out. Who can • MUSLIM PROGENY blame them? Will you? Children of Muslim families have I appeal to the powers that be - to to be Muslims. MPs, concerned individuals and or­ • KHALWAT ganizahons (e.g. Aliran) to seriously Any non-Muslim seen together look into the unjust and most unfair ISLAM with a Muslim of the opposite sex in salnry scheme imposed on RMAF en­ out-of-the-way places by MUIS per­ gineers and bring about a just solution. MISINTERPRETED sonnel will be reported to the Shariah JURU/'ERA PAliNG MISKIN BY VARIOUS Court and action will be taken against them. Marriage will ensue. No ap­ LUMUT, PERAX QUARTERS peal accepted. •INSTIGATION Before Sabah joined the Federa­ News spread like wild-fire when tion of Malaysia on 16 September an underaged female ethnic Chinese ' 1963, there was no ethnic biasness or convert reconverted from the Muslim CLINTON SHOULD discrimination. There was no such faith in West Malaysia just like it did STRIVE FOR thing as bumiputras and non­ when 41 Malaysian Muslims defected bumiputras, Muslims and non- Mus­ and denounced their faith while living GLOBAL PEACE lims. Everyone was equal in the eyes overseas. of the government then and religion • THEQU'RAN The Democratic candidate, the was just a word. Life was but a bliss. Frankly speaking, how many governor of Arkansas, Bill Clinton Everybody was happy and pleased. Malaysian Muslims really know how

Alirtl11 Mottlllly 1991:12 (12) Page 2.S to read the Arabic Qu 'ran and inter­ The Muslim religion is one of the pret it well? What is worse is that great religions in the world. Unfor­ those in the know abuse it by giving tunately, it has been used as a politi­ false messages, by spreading uncer­ cal tool and a socio- economic aid. tainty and fear, by manipu~ating to People cannot be forced to be their advantage, by facilitating patriotic. It comes from within, from fanatism and by calling for a jihad. love and loyalty and a sense of -The "Satanic: Verses" belonging when one feels wanted and Anyone who has read the novel cared for, not just tolerated. One's knows that it is just fiction; literature sense of belonging is strengthened by in its own right Salman Rushdie the knowledge thai one gets equal wouldn't do such a thing as to con­ treatment and is not discriminated demn Islam as he was originally a against whether ethnically, religious­ Muslim. Just because some narrow­ ly, socially or economically. minded Iranians had a different view­ With this in mind, VISion 2020 is point, the book was banned in all nothing more than a sick man's dream Muslim countries. of grandiosity. •sports SHEIK JABER ~AHMAD In the SEA Games and the Com­ ~ABAH monwealth Games, have you noticed SA BAH the number of Malay girls taking part'! The Islamic religion prohibits VMNU tsaru'e definition of economic the wearing of skimpy clothing or any activity will widen the gap between other attire that shows the 'body'. But rich and poor Bumiputraa. look around in Kuala Lumpur; Mus­ MORE EMPHASIS Nasional Government is that lim Malay girls are provocatively Malaysia would lose its competitive­ dressed ON SOCIAL JUSTICE ness in bringing investment into the •M iscella neous NEEDED country. How unfortunate. There are many While the prices of goods and Islamic religious programmes during During the recently concluded land go up because of the demand Hari Ray a Puasa but when Wesalc or UMNO Baru General Assembly, from the rich, the poor are burdened Christmas Day arrives, no Buddhist Prime Minister Dr Mahathir because there is no increase in their or Christian religious programmes are Mohamed touched on several issues salaries. The poor have to work with screened. which included the economy and low wages to make the rich richer. Is In the civil service, quick promo­ religion. The Prime Minister this justice'! tion and high status jobs are usually reminded the Malays to think big and As we look at developing allocated to the Muslims. If he or she venture into big industries to narrow countries like Venezuela where its is a Malay, there are even better the gap between bumiputras and non­ economy is fast moving, there has prospects. It does not matter whether bumiputras. An UMNO Baru delegate been social unrest because of the gap that person is qualified to do the job. said that the challenge of the next between the rich and the poor. There This has been going on since the decade was to increase Malay mil­ have also been attempts to seize Federation was formed. lionaires from the present 300 to power through undemocratic means. In Kuala Lumpur, the Deputy 3,000. Is this the true meaning of When it comes to religion, the Finance Minister Abdul Ghani Oth­ economic activity, where the income Prime Minister views reHgion from man has said that his Ministry is con­ gap between the rich bumiputra and the perspective of acquiring sidering a proposal to exempt poor bumiputra widens'! It's time for knowledge and working hard while companies or agencies with 100 per our leaders to reduce the economic less prominence is given to issues cent Muslim staff or members from gap between rich bumiputras and such as economic justice. Political payinc income tax (The Borfii!O Mail, poor bumiputru and rich non­ decisions on matters such as human 21 June 1992). burniputras and poor non-bumiputras. rights, trade and justice are made Need I say more'! The supreme test of aU economic ac­ purely on political, economic and With all this biasness and tivity is social justice and social strategic grounds. The majority who favouritism towards the Muslims, one charity, not just growth in the Gross are poor have to suffer because of can be sure that the other com­ Domestic Product these selfish reasons. munities feel insecure and threatened The majority of bumiputras and Countries like Bosnia-Her­ whether directly or indirectly. As the non-bwniputras who work in fac­ zegovina, Iraq and South Africa are Malaysian Government is run and tories are victims of low wages and places where cruel injustices ellist controlled by the Malays (the Mus­ are not given the right to form a na­ Our Prime Minister who has criticised lims in general), what does the future tional union of their choice while in­ certain governments for double stand­ hold then for the non-Muslims, non­ vestors are given many privileges. ards, also practiSed double standards Malays and/or non-Bwniputras and The excuse given by the Barisan when he turned a blind eye on the in- their descendants'!

Aliran MonlhiJ 1992:12 (12) Page 26 cident in East Timor where peaceful that no future Parliament in the demonstrators were shot by the In­ United Kingdom would be able to donesian Army, just because of close change the special provision which political and economic ties with In­ expressly states that the Church of donesia. Scotland. the Presbyterian Church The economy and religion should and the Scottish judicial system are to not be seen in the context of hard remain forever. This is forever bind­ work and the creation of wealthy mil­ ing on the Parliament of the United lionaires. Rather, it should be seen in Kingdom. the context of political, social and Therefore no Act which overrides economic justice. Malaysia should set the 20 points has the force of law an example to developing countries without the consent of the people of or it will end up like its western Sabah. counterparts, where pragmatism is SABAN SA WAYAN given the highest honour at the ex­ pense of justice. UNIVERSfl'Y OF KEOU RONALD A.IL BENJAMIN UNfl'ED KINGDOM JOSEPH IPOH WHYTHEDAP DAP feara that the delineation REJECTED THE exerci• would crea._ more aeats in SABAH'S ENTRY REDELINEATION UMNO atrongholda. INTO MALAYSIA MOTION tion stronghold. But the Commission would break it into two if it was an I am quite sure that most Recently, in the Penang State As­ UMNO base. From the table, you can Malaysians would like to know the sembly, the DAP didn't support the see how the Election Commission conditions governing Sabah's entry proposal for three extra seats in the created more State seats in favour of into Peninsula Malaysia. State. UMNO. Please study carefully how So could you please elaborate on The ruling Barisan Nasional the Commission did the delineation in this in your next issue? shouted at the DAP and created havoc Penang in 1984. The total number of NKGRABRIEL saying that the DAP didn't want more voters are in brackets. (It is based on the 1986 Election figures) KUALA LUMPUR representatives for the rakyat DAP leader Lim Kit Siang said DAP STRONGHOLDS (which it his party would support the proposal won) Edilor's note: This issue has been 1. Bukit Gelugor (16,587) deall with in AM 1992:12(ll). if there were extra state seats in each and every parliamentary constituency. 2. Padang Kota (16,976) So, no one can agree with the · 3. Jawi (17 .397) Barisan's accusation that the DAP is 4. Datuk Kcramat (19,145) against more representatives. 5. Batu Lancang (19,376) Why did the DAP disagree with 6. Kampung Kolam (19,582) THE 20 POINTS AND the Election Commission's three extra 7. Mak Mandin (19,764) seats? Our local dailies (Barisan 8. Paya Terubong (19,828) PARLIAMENT papers) didn't carry the full reason 9. Berapit (20,346) given by the DAP. The reason is 10. Air ltam (21,006) Was the '20 points' a condition simple. The DAP is scared that the 11. BaganJermal (21,380) for North Borneo to join the federa­ Election Commission might use the 12. Pengkalan Kota (24,084) tion of Malaysia on 16 September same dirty tactic which it practised in UMNO STRONGHOLDS (which 1963? If it was, then it meant that no the previous redelineation in 1984. it won) future Parliament could change that From what I know, during the *Pinang Tunggal (7,919) special provision. It remains forever delineation exercise in 1984 the Elec­ *Penaga (8,900) because it is a fundamental law of the tion Commission sided fully with • Ara Rendang (9,922) Constitution of Malaysia. And if Par­ UMNO. Yes! The Commission •Teluk Air Tawar (9,988) liament abolishes this provision, in ef­ created more seats in UMNO stron­ •sungai Acheh (10,124) fect, it would break the law which gholds. It refused to break up Opposi­ •sungai Dua (11,111) created the federation. tion strongholds. The Commission *Penanti (11,156) An analogy to this would be the denied a 'one-man, one- vote' system, *Seberang Jaya (11.649) Union Act 1706 which created the i.e. if a 20,000-voter seat would •Permatang Pasir (12,074) Union of England and Scotland to be remain the same if it was an opposi- *Teluk Kumbar (12,444) called Great Britain. The Act provides •Bertam (13,390)

A/iran Monthly 1991:/Z (12) Page 27 •Teluk Bahang (13,331) SQUATTERS: The Commission would have created another 10 seats if the opposi­ DISGUSTED OVER tion constituencies were UMNO GOVERNMENrS strongholds. What do you have to say, Barisan Nasionalleaders and the Elec­ ATTITUDE tion Commission? Dare to answer me? JAPALASAMY I refer to the article entitled They CAMERON HIGHLANDS said my home is 'illegal' and they denwlis~d it! in AM 1992: 12(10) written by Sedar. After reading about the Siti Nagari story, I was really disgusted Pos Malaysia: with the authority's attitude towards squatters. A Siti Na~rl Fund tor iU·treated Inefficiency Despite It's simply unacceptable that the aquaner.? Privatisation government doesn't give such people proper shelter before demolishing ferent religious faiths. Religious iden­ A LETTER TO THE their homes. For God's sake, they are tity has been over- emphasized by CHIEF EXECUTIVE poor and don't have enough money to political and religious leaders for self­ rent a room. Some of them hardly ish motives. OF POS MALAYSIA earn S300 a month. The world. where the majority arc I do hope the government will not the poor, needs the combined effort of With due respect to you, Sir, you betray the rakyat. I hope the govern­ Christians. Muslims, Buddhists and have mentioned many times in the ment will not forget that they are Hindus in order to fight a common local Press about the efficient services voters too! I would like to remind Dr crusade against social evils, not a offered by Pos Malaysia. However, I M that he was the one who said that crusade against each other. The Jack am sony to prove you wrong. I am a the people's interest will be protected. of unity between people of different collector of fust-day covers (FOC) The same goes for the 180 Members religious faiths, g~vcs the rich and and have never missed any issue. I of Parliament. powerful the upper hand in moulding placed an order for the 1992 Thomas I would like to suggest to A! iran the world according to their whims Cup Championship FDC and minia­ President Dr Ariffin Omar that a fund and fancies. ture sheets (date of issue: 25 July to protect the residents of squatter Ordinary people who have strong 1992) and received them one month areas be set up, if their homes are faith in God should press their respec­ later (i.e. 25 August 1992). The 25the demolished without proper shelter tive governments to adhere to human Year of ASEAN FDC (date of issue: 8 being provided by the government. I rights values in their spiritual perspec­ August 1992) was received two will chip in S50 myself if the fund is tive, not just in a secular context. This months later (i.e. 8 October 1992). As set up. I hope that my suggestion will can be achieved if there is strong for my third order for the 125th An­ be given proper considerationn. And solidarity among people of different niversary of the First Malaysian let's call it The Siti Nagari Fund if religious faiths who have just one Stamp (date of issue: 1 September all goes well. goal that is to bring out what is true 1992). until today. I have not yet KULBIR SINGH and reject what is evil in God's eyes. received what I ordered! PENANG Each time there is a sectarian war, I am very disappointed as I expect the power of justice, which major Pos Malaysia to be more efficient religions of the world uphold, is after privatisation. The money that I weakened to the detriment of the forked out to buy FDCs may not be poor. Man has to start believing firm­ much but I think I am still entitled to RELIGIOUS UNITY ly in the oneness ofhumanity. He also efficient service. has to believe that every human being I hope you can throw some light VITAL is a child of God in order to achieve on this matter in view of the consider­ true spiritual unity. Until this belief able lime and money spent to try and Religious unity has been known has taken root in Man's heart, sec­ get the covers. I may not be the only as the foundation of peace and har­ tarianism ~d extremism will con­ victim and there may be others who mony in society. Sadly, throughout tinue to pervert society. are suffering in silence, not knowing the centuries and even now, the evils RONALD AIL BENJAM IN of extremism and sectarianism have where to tum to. JOSEPH TANSIM BEE taken root in certain religious societies. IPOH TA.IPING Crucial issues such as poverty, corruption, imperialism and authoritarian rule have not been fought in unity among people of dif-

Aliran Mondaly 1992:12 (12) Page 28 TRIBUTE Farag Fouda tnurdered A serious blow to freedom of expression

Karim A/raw/

n the evening of Monday 8 June, as he left his of­ Ofices in a Cairo suburb with his 15-year-old son, Dr Farag Fouda Farag Fouda was shot and killed "Let us weep for a by two members of Islamic Jihad. He was 47 years old. It is believed great truth that has that the order to murder him was been distorted, for a given by Omar Abdul Rahman, great tradition that the New York based head of the Jihad movement, who sanctioned has been lost, and a the killing of President Anwar great history that has Sadat 11 years ago. A large, rotund, balding man been forgotten." who always wore a suit and round spectacles, Dr Fouda was far from anyone's image of a hero. Like most secular writers. he was His wicked sense of humour parliamentary elections. was an denied access to radio and and his ready laugh made him a affront to Islam. television and few of Egypt's popular figure with many people. As a founder member of the non-literate millions knew any­ Yet these hid a sharp mind and a Egyptian Human Rights Or­ thing of him. Yet, since his death, serious purpose. Nowhere was ganisation, he was active in he has been described by banner this more visible than at the criticising government com­ headlines in the Egyptian press as debate held at the Cairo Book Fair placency in the face of human a 'Martyr For Freedom' and the in February between secularists rights violations. In May, after at­ 'Nation's Conscience'. and the advocates of political tacks by extremist Muslim groups Dr Fouda. a doctor of agricul­ Islam. Dr Fouda was the star of on Christian villagers in Upper tural economics, achieved nation­ the show: before an audience of Egypt led to 14 deaths, Dr Fouda al prominence in the 1980's and 15 ,000 he mocked the preten­ wrote a scathing denunciation of early 90's with books and articles sions, and faulted the scholarship, their brutality and demanded that on the history and politics of of the religious speakers. This, it the government introduce anti­ Islam. In his 10 books he sought is believed, led to the sanctioning terrorist laws. to dissociate Islam from the ac­ of his death. Recently, he was a co-founder tions of those who use religion for The attack mounted against of the Committee for National political purposes. He contended him by AI- Azhar. Egypt's Is­ Unity, a non-governmental group that the arguments used to justify lamic university, was significant. seeking to counter the growing terrorism and bigotry in the name In a statement published in the sectarianism in Egyptian society. of Islam were far from Islamic. Islamic fundamentalist The committee made its first His repeated concern was not to newspaper Al-Noor. AI-Azhar's public statement a few days allow the Islamists to alienate Islamic Research Council before his murder. Egypt's 15% Christian minority, declared that Dr Fouda 's attempts Dr Fouda had just completed a believing that such alienation at founding a non-sectarian politi­ book on sexuality and Islam for could only be disastrous for the cal party which would attract both which he was having problems in future of the region. Christian and Muslim voters in finding a publisher. It is now un-

AliranMonthlyl991:12(12) Page29 From tie pill) of Farag Fouda SEX AND ISLAM SECTARIANISM

I· These Islamic groups have During the Pharonic Age, the their fair share of sexual obelisk was a major problems. Two mo11ths ago I architectural feature. When was sent a video whose star Egypt was Christianlsed, is Mr Abdul Fattah Moro, Christianity had yet to founder and deputy leader introduce the spire to its of the Islamic Nahda Party churches. It was then that in Tunis. It shows Mr Moro the obelisk was reborn as struggling in his own the church spire with an inimitable way, on his office opening for the bell. The floor with a strikingly bell-tower became a feature beautiful colleague in a of most churches worldwide. state of undress. They were When Islam entered Egypt, making special use of the the mosques did not have prayer mat for their minarets. Once again, the copulatory devotions. obelisk was reborn, but now Some people have criticised with a balcony around it to the government for making permit the preacher to call · such an illicit recording. the people to prayer. Personally, I blame Mr Moro The transformation of the for not erecting himself on obelisk to the church spire safer ground. to the minaret, reveals the true spirit of Egypt, which Is From Farag Fouda' s satirical columns in OCTOBER magatin~. Cairo original, eclectic and continuous.

likely to be published; his death on their hit list. He complained to Dr Fouda ended his last book has instilled a climate of fear. By the surgeon that his should have on Islam, The Absent Truth, with assassinating Egypt's most out­ been the first name. ' It's because the words, spoken human rights activist, the I was too soft on them,' he said. 'Let us weep for a great truth Islamic groups have dealt a At his funeral, 500 chanted that has been distorted, for a great serious blow to freedom of ex­ slogans against Islamic groups as tradition that has been lost, and a pression in the country. his coffin was carried out of the great history that has been forgot­ While in intensive care only mosque. Muhamad Abdul ten.' • hours before he died, Dr Fouda Qudous, a leading figure in the • was informed that his assassins Muslim Brotherhood, watched, Karim Alrawi is an Egyptian had admitted he was number three laughed, then left. writer in Cairo.

A/iran MonJhly 1991:12 (12) Page 30 FREEDOM FREEDOM FROM FEAR Fear is not the natural state of civilized man

can provide the impetus for ill­ prosper within the system. But It is not easy for a people will. And it would be difficult to their affluence offered them no under iron rule to free dispel ignorance unless there is genuine sense of security or ful­ themselves from fear. Yet, freedom to pursue the truth unfet­ fillment, and they realized that if even under the most tered by fear. they and their fellow citizens, With so close a relationship regardless of economic status, crushing state machinery, between fear and corruption it is were to achieve a worthwhile ex­ courage rises up again little wonder that in any society istence, an accountable ad­ and again, for fear is not where fear is rife, corruption in all ministration was, at the least a the natural state of forms becomes deeply necessary if not sufficient condi­ civilized man, says entrenched. tion. Public dissatisfaction with The people of Burma had detained Burmese economic hardships has been seen wearied of a precarious state of opposition leader AUNG as the chief cause of the move­ passive apprehension where they SAN SUU KYI. ment for democracy in Burma, were "as water in the cupped sparked by the student demonstra­ hands" of the powers that be. tions of 1988. It is true that years Emerald cool we may be t is not power that corrupts but of incoherant policies, inept offi­ As water in cupped hands rear. Fear of losing power cor­ cial measures, burgeoning infla­ But oh that we might be Irupts those who wield it and tion and falling real incomes have As splinters of glass fear of the scourge of power cor­ left the country in an economic In cupped hands. rupts those subject to it. shambles. Glass splinters symbolize the Most Burmese are familiar But it was more than the dif­ spark of courage that is an essen­ with the four a-gati, or the four ficulties of eking out a barely ac­ tial attribute of those who would kinds or corruption. Chanda-gati, ceptable standard of living that free themselves from the grip of corruption induced by desire, is eroded the patience of a tradition­ repression. deviation from the right path in ally good-natured, quiescent Assassinated Burmese inde­ pursuit of bribes or for the sake of people. It was also the humiliation pendence hero Aung San regarded those one loves. Dosa-gati is of a way of life disfigured by cor­ himself as a revolutionary and taking the wrong path to spite ruption and fear. searched tirelessly for answers to those against whom one bears ill The students were protesting the problems of Burma. He ex­ will, and moga-gati is aberration not just against the death of their horted the people to develop due to ignorance. comrades but against the denial of courage: "Don't just depend on But perhaps the worst of the their right to life by a totalitarian the courage and intrepidity of four is bhaya-gati, for not only regime which deprived the others. Each and everyone of you does bhaya, or fear, s•ifle and present of meaningfulness and must make sacrifices to become a slowly destroy all sense or right held out no hope for the future. hero possessed of courage and in­ and wrong, it so often lies at the Because the students' protests trepidity. Then only shall we all root of the other three kinds of articulated the frustrations of the be able to enjoy true freedom." corruption. people at large, the demonstra­ The effort necessary to remain Just as chanda-gati, when not tions quickly grew into a nation­ uncorrupted in an environment the result of sheer avarice, can be wide movement. Some of its where fear is an integral part of caused by fear of want or fear of keenest supporters were everyday existence is not immedi­ losing the goodwill of those one businessmen who had developed ately apparent to those fortunate loves, so also the fear of being skills and the contacts necessary enough to live in states governed surpassed, humiliated or injured not only to survive but also to by the rule of law. Just laws do not

A/iran MonJhly1992:12 (12) Page 31 merely prevent corruption, human rights. There has they also help .to create a to be a united determina­ society in which people tion to persevere in the can fulfil the basic require­ struggle, to make ments necessary for the sacrifices in the name of preservation of human enduring truths, to resist dignity without recourse to the corrupting influen­ corrupt practices. ces of desire, ill-will, ig­ Where there are no norance and fear. such laws, the burden of Among the basic upholding the principles of freedoms to which men justice and common aspire so that their lives decency falls on the ordi­ might be full and un­ nary people. It is the cramped, freedom from cumulative effect of their fear stands out as both a sustained effort and steady means and an end. A endurance which will people who would build change a nation where a nation in which strong, reason and conscience are democratic institutions warped by fear into one are ftrmly established as where legal rules exist to a guarantee against promote man's desire for state-induced power harmony and justice while must first learn to restraining the less liberate their own minds desirable, destructive from apathy and fear. traits in his nature. Fearlessness may be In an age when im­ "The students were protesting not just against the death a gift but perhaps more mense technological ad­ of their comrades but against the denial of their right to precious is the courage vances have created lethal life by • totalitarian regime which deprived the present of acquired through en­ weapons which could be, meaningfulness and held out no hope for the future." deavour and through cul- and are, used by the tivating the habit of powerful and unprincipled refusing to let fear dic­ to dominate the weak and the to be arenas of struggle where vic­ tate one's actions, courage that helpless, there is a compelling tims of oppression have to draw could be described as "grace need for a closer relationship be­ on their own inner resources to under pressure" - grace which is tween politics and ethics at both defend their inalienable right as renewed repeatedly in the'face of the national and international members of the human family. harsh, unremitting pressure. levels. The quinlessential revolution Within a system which denies The Universal Declaration of is that of the spirit, born of a con­ the existence of basic human Human Rights proclaims that viction of the need for change in rights, fear tends to be the order of .. every individual and every organ those attitudes and values which the day. Fear of imprisonment, of society" should strive for the shape the course of a nation's torture or death; fear of losing basic rights and freedoms to development. A revolution that friends, family or property; and which all human beings, regard­ aims merely at changing official fear of isolation or failure. A most less of race, nationality or policies and institutions with a insidious form of fear is that authority, are entitled. But as long view to improving material condi­ which masquerades as common as there are governments whose tions has little chance of genuine sense, condemning as reckless, authority is founded on coercion success. Without a revolution of insignificant or futile the small, rather than on the mandate of the the spirit, the forces which had daily acts of courage which help people and interest groups which produced the iniquities of the old to preserve man's self-respect. place short-term profits above order would continue to operate, It is not easy for a people con­ long-term peace and prosperity, posing a constant threat to the ditioned by fear under iron rule to concerted international action to process of reform and regenera­ free themselves from the enervat· protect and promote human rights tion. ing miasma of fear. Yet, even will remain at best a partially real­ It is not enough merely to call under the most crushing state ized struggle. There will continue for freedom. democracy and machinery. courage rises up again

Aliran MonJhly 1992:12 (12) Page 32 spiritual and material advance­ ment. It is his capacity for self-im­ provement and self-redemption which most distinguishes man from the mere brute. At the root of human responsibility is the con­ cept of perfection, the urge to achieve it, the intelligence to find a path towards it and the will to follow that path, if not to the end, at least the distance needed to rise above mdividual limitations and environmental impediments. It is man's vision of a world fit for rational. civilized humanity which leads him to dare and to suffer to build societies free from want and fear. "The quintessential revolution I• that of the 1pirlt, born of a conviction of Concepts such as truth, justice the need for change in those attitudu and valu• which ahape the course and compassion cannot be dis­ of a nation's development." missed as trite when these are often the only bulwarks against and again, for fear is not the belief in the sanctity of ethical ruthless powcr. natural state of civilized man. principles combined with a his­ The well-spring of courage torical sense that despite all set­ Sourc~: Tht Bur11Ul Bulletin, and endurance in the face of un­ backs the condition of man is set July/August 1991. bridled power is generally a firm on an ultimate course for both

A/iran Monlh/y 1992:12 (12) Page JJ above the law but can be prosecuted if they break the law. •POLITICS Another way out was sug­ gested by the late Bapa Malaysia Tengku Abdul Rahman during a • RELiiltJN seminar concerning the Reflec­ tions on the Malaysian Constitu­ tion that was held in Kuala •ELECTIONS Lumpur in August 1987. The Tengku expressed his concern • HU _N RICiHTS about provisions within the Malaysian Constitution that gave the Rulers immunity from the law. According to the Tengku this •MEDIA would give some unstable Ruler free reign to commit crime and escape from being prosecuted. •ENVIRoN NT As such the Tengku suggested that the Malay Rulers should es­ • ETHNIC RELATION~ tablish a special court to try any of their brother Rulers who bring the institution of the monarchy into contempt and odium. Frankly this •U.NITY is a good suggestion as the Rulers should also be involved in ensur­ ing exemplary behaviour among CURRENT members of the monarchy. The suggestion should also be CONCERNS taken seriously because not all the Malay Rulers are prone to break­ ing the law and behaving badly. & ly do not understand or refuse to We do have Sultans who act in Misbehaviour the accept their role as constitutional keeping with the law. Few would Sultans monarchs. be.able to find fault with the Sul­ However, in a democratic state tan ofKedah or the Raja ofPerlie. The recent spate of mis­ like Malaysia which wishes to Why should good Rulers be behaviour by some Sultans as well project itself as a civilised nation lumped together with the bad as some members of the ruling where the rule of law is ones? Ifcertain heads ofthe ruling houses in Malaysia is a tragic ex­ paramount, it is necessary to put families or even their siblings mis­ ample of the abuse of the law. an end to such misbehaviour. One behave, they should be taken to However such incidents are not method of curbing such abuses is task and the good rulers should be new. There have been iar too many to amend the Constitution spared the embarrassment of such eases in the past. Unfor­ whereby the rulers will not be being criticised unfairly. If we are tunately some of the sultans simp- eommited to maintaining the in­ "the Malay Rulers stitution of the monarchy in Malaysia, we must find meaning­ should establish a ful solutions to the problems posed by one or two ruling special court to try families. any of their brother AriffmOmar Rulers who bring the President institution of the 9 December 1992 monarchy into contempt and • II o dtum ... NOTE: This statement was released before the issue be­ came a ful-blown controversy)

A/iran Monthly 1992:12 (12) Page 34 "-A/iran voices Its New Executive Committee support for the ForA/iran government's move to amend the At its 16th General Meeting that was held on 20th December at Constitution to 7 Lintang Pantai Jerjak 2, Taman Century, the following were elected to office: remove the legal Immunity of the President: Dr. Ariffin Omar Secretary: Dr. Francia Loh Sultans in Asst. Secretary: Dr. Hamima Dona MlUtafa '!recuurer: Dr. S. Subramaniam accordance with proper legal Committee Members: Mr. P. Ramakrishnan procedures ... we Mr.Anil Netto also resolve that It Dr. M\Utata Kamal Anuar Mr. Gao Kong Hwee Is necessary that Mr. Desmond Tate the political leaders En. Ismail Hashim Mr. P.Van Singh themselves, adhere Mr. John Kim to a code of ethics Dr. Molly Lee Mr. Jubal Lawrence and beheld

The Aliran General Meeting passed two resolutions which were accountable to the as follows: Malaysian public to 1. In view of recent revelations about various alleged public misdemeanours by members of the royalty, Aliran voices its support ensure a good and for the government's move to amend the Constitution to remove the honest government" legal immunity of the Sultans in accordance with proper legal pro­ cedures. Further, we also resolve that it is necessary that the political "•. BENEDICT leaders themselves, adhere to a code of ethics and be held account­ TOPIN, one of our able to the Malaysian public to ensure a good and honest govern­ ment. members, continues 2. Noting that Sdr. Benedict To pin, one ofour members, continues to be detained to be detained without trial under the ISA since 1990, Aliran reiterates its call that the government releases him immediately without trial under without conditions. Alternatively, he should be charged in court and brought to trial. By continuing to detain Benedict 'lbpin for more the ISA since 1990, than 2 112 years without giving him the opportunity of having his A/Iran reiterates its case heard in an independent court is a denial of his fundamental rights. call that the Dr. Ariffua 0 11UJ1' government Pnsident releases him Immediately without 22 December 1992 conditions. Alternatively, he should be charged in coun and brought to trial- "

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Aliran MonJhly 1992:12 (12) Page 36 ... continued from back other Malaysi:ms despite its While statistics on domestic page political dominance. By favour­ violence, including wife beating, ing one segment of society, these are sketchy, both the Government government programmes and and women's organizations agree policies limit, in varying degrees, that the problem is growing. Cur­ international covenants on human opportunities for non-Malays in rently there are no specific laws rights. generally maintaining that higher education, government on domestic violence; cases of such issues are internal matters. employment, business permits wife beating or child abuse nor­ The Government rejects and licences. and ownership of mally arc tried under provisions criticism of its human rights newly developed agricultural of the penal code governing as­ record by international human lands. sault and battery, which carry rights organizations and foreign There are no laws or regula­ penalties of three months to one governments. The Foreign Mini­ tions restricting the political and year in prison and fines up to ster argued in a speech before the economic rights of women. $750. During 1991 child abuse non-aligned movement in Sep­ Government policy supports became a major focus of public tember 1991 that social and women's full and equal participa­ attention, chiefly through regular economic rights are as important tion in government, education, news media reports on the prob­ as civil and political rights, and and the work force. Women hold lem. A number of social and that Western nations must not be high-level political positions and political organizations have urged allowed to impose their values on judgeships and are well repre­ Parliament to enact legislation ad­ developing nations. Malaysian sented in the professions. Literacy dressing the problem of child officials criticize local groups for rates for women are lower than for abuse. collaborating with international men, with a female literacy rate of Women's groups continued to human rights organizations. Rep­ 55 percent compared to a rate of press government officials resentatives of international 76 percent for the total adult responsible for women's affairs to human rights organizations have population. issue recommendations on legis­ visited and travelled in Malaysia, The cultural and religious lation dealing with domestic but frequently have no access to traditions of Malaysia's major violence. Problems centre on the government officials. ethnic groups heavily influence definition of domestic violence Foreign government officials the condition of women in and how Muslim women, whose have discussed human rights with Malaysian society. In family and family and marital status is their Malaysian counterparts, and religious matters, Muslim women covered by Islamic law, should be private groups occasionally have are subject to Islamic law. treated in the proposed civil legis­ done so. For example, in 1990 Polygamy is allowed and prac­ lation. Women's issues were the representatives of the American tised, and inheritance law favours subject of a number of seminars Bar Association (ABA) and the male offspring and relatives. The during 1991, and a Muslim International Council of Jurists at­ Islamic family law was revised in women's group, Sisters in Islam, tended the trial of the Bar Council 1989 to provide better protection published two widely distributed Vice President mentioned in Sec­ for the property rights of married pamphlets on the rights of women tion i.e. (See Part 1 in this series: Muslim women, and to make in Islam. AM 1992: 12(10). The ABA rep­ more equitable a Muslim resentative met privately with the woman's right to divorce. Non­ WORKERS' RIGHTS Attorney General to discuss the Muslim women are subject to case. civil la.w. • Changes in the civil The Rights of Marriage and Divorce Act in the Discrimination early 1980s increased protection Association Based on Race, Sex, of married women's rights, espe­ By law, workers, with certain cially those married under cus­ limitations, have the right to Religion, Language, tomary rites. A national women's engage in trade union activity. or Social Status policy was adopted by the Cabinet Unions may organize workplaces, in late 1989 to upgrade the status The Government implements bargain collectively with of the Government department extensive programmes designed employers, form federations, and responsible for women's affairs to boost the economic position of join international organizations. and monitor the implementation the ethnic Malay majority, which The Industrial Relations Act of national policies to ensure that remains poorer. on average, than specifically prohibits interfering women's rights arc protected.

A/iran MonJh/y 1992:12 (12) Page 37 with, restraining, or coercing a ILO examined complaints dealing allabour bodies and have actively worker in the exercise of the right with Japanese and Aunerican done so. to form trade unions or participate electronics companies and again Although strikes are legal and in lawful trade union activities. asked the Government to amend a number of them occurred in The Trade Unions Act, ad­ the legislation to bring it into ac­ 1991. the right to strike is severely ministered by the Director cord with the principles of restricted in practice. Malaysian General of Trade Unions freedom of association. The law contains a list of "essential (DGTU), sets rules for organiza­ Government has given no indica­ services" in which unions must tion of unions, union recognition tion of its intent to do so. give advance notice of any in­ at the workplace, the content of By law, federations of trade dustrial action. The list includes union constitutions, election of unions may cover only a single sectors that do not normally officers, and financial reporting. trade or industry or similar trades qualify as "essential" under ILO However, the Act's definition of a or industries. Only three national definitions. The Industrial Rela­ trade union restricts a union to labour federations are currently tions Act of 1967 requires the par­ representing workers in a "par­ registered: one for public ser­ ties to notify the Ministry of ticular establishment, trade, oc­ vants, one for teachers, and one Human Resources that a dispute cupation, or industry or within consisting of state-based textile exists before any industrial action any similar trades, occupations, or and garment workers' unions. The (strike or lockout) may be taken. industries," contrary to Interna­ Malaysian Trades Union Con­ The Ministry's Industrial Rela­ tional Labour Organization (£LO) gress (MTUC), the main labour tions Department may then be­ guidelines. body in the country, is registered come actively involved in The DGTU may refuse to as a society under the Societies conciliation efforts. If concilia­ register a trade union. In some Act, rather than under the Trade tion fails to achieve a settlement, circumstances, he also has the Unions Act. The Malaysian the Minister has the power to refer power to withdraw registration of Labour Organization (MLO), the dispute to the Industrial Court. a trade union. When registration recently set up as a rival labour The result, in effect, is compul­ has been refused, withdrawn, or centre to the MTUC, is also sory arbitration. A strike or lock­ cancelled, a trade union is con­ registered as a society. Previous out is prohibited while the dispute sidered an unlawful association. MTUC attempts to register as a is before the Industrial Court. Dominated by American and trade union federation under the Japanese fums, Malaysia's Trade Unions Act were denied be­ electronic components industry cause its membership was deemed The Right to has been the focus of unsuccessful too broad. In November 1988, Organize and union registration efforts since Parliament approved legislation the late 1970s. The Government which granted both societies of Bargain Collectively has used its power to prevent trade unions and societies of Malaysian workers have the electrical industry unions from or­ employers the status and rights legal right to organize and bargain ganizing electronics workers and accorded trade unions, despite collectively. Collective bargain­ permits only "in-house" unions in their status as societies. This ing is widespread in those sectors the industry. Five such unions legislatiion was intended to give where labour is organized. have been registered in the the MTUC "standing" to repre­ Designed to curb disruptive electronics industry; three have sent union interests before the strikes, amendments in 1980 to been recognized by the com­ High Court. Malaysia's Labour Law contain panies involved. All of the mem­ Unions maintain inde- provisions, however, which the bers of one of these unions were pendence both from the Govern­ MTUC believes erode the basic dismissed in 1990 following reor­ ment and from the political rights of workers, restrict union ganization of the company's parties. Individual u~ion mem­ activities, and result in govern­ structure. The union charged the bers may belong to political par­ ment and employer interference company with union-busting and ties. While union officers are in the internal administration of wrongful dismissal. The case was forbidden to hold principal offices unions. Despite subsequent filed in September I 990. Opening in political parties, individual amendments, the MTUC believes motions were heard in June 1991, trade union leaders have served the law is still deficient by ILO and the case is scheduled to be and currently serve in Parliament. standards. Many union leaders heard in February 1992. A com­ Malaysian trade unions are also believe that the creation of plaint about the case was also free to associate with internation- the Industrial Court further presented to the ILO. 1n 1991 the

Alirtln Monthly 1992:12 (12) Poge 38 in the over 7-million member "Minimum wages set by the wage council labour force are covered by mini­ have not been revised for many years and do mum wages set by wage councils. Minimum wages set by the wage not, in general, provide a decent standard of council have not been revised for living for a worker and his family... " many years and do not, in general, provide a decent standard of living for a worker and his family. However, prevailing wages in weakened their collective bar­ Government maintains that these Malaysia, even in the sectors gaining rights. laws have no force. There is no covered by wage councils, are Labour standards in free trade indication that forced or compul­ higher than the minimum wages zones (FfZs) are identical to sory labour is practised in set by the wage councils. those in the rest of Malaysia. Malaysia. Contract workers, including Workers at many companies lo­ numerous illegal immigrants cated in the FTZs are unionized, Minimum Age for from Indonesia, increasingly per­ especially in the textile and Employment of form plantation work. Working electrical products sectors. Children conditions for these workers often Enterprises granted "pioneer are significantly below those of status" (regardless of location) The Children and Young Per­ direct hire plantation workers, are protected from union demands sons (Employment) Act of 1966 many of whom belong to the Na­ for terms of employment exceed­ stipulates that no child under the tional Union of Plantation ing those specified in the Employ­ age of 14 may be engaged in any Workers. Additionally, many im­ ment Act of 1955 during the employment except light work in migrant workers, particularly il­ period of their "pioneer status" a family enterprise, in public legal ones, may not have access to (normally 5 years). The restric­ entertainment, in work performed Malaysia's system of labour ad­ tion docs not apply to wages or for the Government in a school or judication. The Government has benefits covered by the Employ­ training institution, or in employ­ investigated this problem and has ment Act (see below).ln 1991 the ment as an approved apprentice. taken a number of steps to ILO asked the Govemment to Children may not work more than eliminate the abuse of cont.ract remove legal restrictions on the six hours daily. more than six days labour. For example, it has ex­ right to bargain in pioneer in­ weekly. or at night. Periodic in­ panded its programmes legalizing dustries, in the public sector, and spections by the Ministry of immigrant plantation workers; it on dismissals without notice. Human Resources effectively investigates complaints of abuses; Despite the existence of anti­ provide enforcement of this law. it endeavours to inform workers union discrimination laws, there of their rights, encourages have been a number of instances Acceptable workers to come forward with in which union activists have been Conditions of Work their complaints, and warns dismissed, a.llegedly for engaging employers to end abuses. in union activities. The ILO ex­ Malaysia lacks a national min­ imum wage. although the Wage The Employment Act of 1955 amined two such complaints in sets working hours not to exceed 1991 and is awaiting the Council Act provides for a mini­ mum wage in those sectors and ei&ht hours daily or 44 hours Government's response. Redress weekly (5 1n. days). This Act sets through the Industrial Court is regions of the country where it is percei vcd to be most needed. overtime rates, and mandates slow. public holidays. annual leave, Under the law. workers in an in­ sick leave, and maternity allowan­ dustry who believe they need the Prohibition of ces. Minimum standards of oc­ protection of a minimum wage Forced or may ask for the establishment of a cupational health and safety are Compulsory Labour wage council. The Act assumes patterned after the British Factory Act, and enforced by a unit of the that workers in industries where Malaysian laws allow the use Ministry of Human Resources. of imprisonment with required unionization is widespread can bargain for wages directly with All factories are supposed to be forced labour as a punishment for inspected at least once every 15 persons expressing views op­ employers and do not need the protection of a minimum wage. months, but insufficient person­ posed to the established order or nel precludes strict enforcement. participating in strikes. The Approximately 140,000 workers • Allran Monlhly 1992:12 (12) Pagd9 HUMAN RIGHTS Hu111an Rights Violations, Discri111ination and Workers' Rights

The concluding part of the Country Report on Human Rights Practices for 1991 submitted by the US Department of State looks at the investigation of human rights violations, discrimination and workers' rights in Malaysia.

Governmental Attitude Regarding International and Non- governmental Investigation of Alleged Violations of Human Rights n August 1989, a group of prominent M:llaysians, includ­ Iing two former prime ministers (both now deceased), formally ap­ plied to the Registrar of Societies "The Government implamen.. extensive progremmes d•lgned to boost the to establish a national human economic position of the ethnic Malay majority... " rights society, the National Human Rights Association. The plication was approved in June tcntion to human rights activities. Registrar delayed ruling on the 1991, however, and the society The Government tolemtes their application because, according to has begun to opemte freely. A activities, but rarely responds to some observers, the Government number of other organizations, in­ their inquiries or occasional press objected to the prospect of having cluding the Bar Council and statements. The Government has a potentially powerful critic of public interest groups, devote at- not acceded to any of the major certain official policies. The ap- JAN. CR£ - ...... continu on ffage 37

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