JB BY-ELECTION THE PEOPLE'S VERDICT

The Giant Stumbles ... 2; A Communal Twist . . . 7: The Task Ahead ... 9 ; JB Voters vs Mahathir's 3Ms ... 10 ; Election Rumba-ba ... 13; Letters ... 14; New Kenyan Law to Make it Easier to Sack Judges ... 32; £1 Bil. Anns Deal Nearer ... 33; CracKdown: One Year After ... 35. Doctor for Justice? ... 38; NZ MPs' Petition: The PM Replies ... 39; "Our Petition Was Not Filed At the Request of David" . . . 42; Rasuah: Tiada Azam Politik Untuk Menghapuskannya ... 43: Current Comment ... 44; The Marathon Task of Multi-ethnic Living . . . 48. Dewan Jubli lntan, JB, where the counting of votes determined for the Barisan its ' worst defeat in history. TH p v Dl ' Many Malaysians rejoiced in the uutcome of the JB by-election. Here, Aliran member S.P. SUBRAMANIAM writes that it was more than glee over the triumph of an underdog over the big bully, but a definite vote of protest against growing authoritarianism.

Shahrir trium hs over BN in JB E I STU L s he Johor Baru (JB) by-election on Aug 25, Heated Campaign 1988 may turn out to be a watershed in Three candidates contested in the by-election. s~·!> Malaysian politics. The ruling Barisan Mas'ud Abdul Rahman, PSRM's Abdul Razak Ahmad Nasional (BN) candidate was trounced in and Shahrir Samad, who contested as an independent what had until then been considered a BN candidate. Long before the nomination day. Aliran stronghold. In this article, we will first examine the called for a straight fight between a candidate asl.OCiated campaign issues briefly. Then we will analyse the with the authoritarian trend of the Mahathlr regrrne and election results in some detail. Finally, we will look into another opposed to it. It suggested that Shahrir v.as in some of the repercussions that may arise from the the best position to represent the latter. In a Press outcome of the JB by-election. statement issued on Aug 3, I 988, Aliran said that .. the

2 man in I he street, it appears, wants !he by-election 10 be the Press nor the electronic media. Instead. the media a straight fight between Umno Baru and Shahrir". DAP. exaggerated the numbers attending B ceramahs and which initially wanted to contest the by-election, downplaycd the siLe ol the crowds at ShaJ1rir's apparently heeded lhe message. However, PSRM did not ceramahs. and sadly, its candidate, Abdul Ra7ak lost his deposit Another example of media manipulation by the BN for ignoring the senliments of the ordinary voters of JB. Government was the abuse of TV by Mahathir to a !tack As far as BN was concerned, the main issue was one Datuk Musa Jess than 48 hours before the election. In his of continued development. It claimed that the economic speech whtch was televised on both TV3 and RTMl. Dr boom currently experienced by JB was largely due to Mahathir made a vitriolic and personal attack on Datuk the efforts of the ruling party. It tried to entice voters Musa, accusing him ol spreading lies and falsehoods. In by promising the JB-Singapore Causeway. Highway tolls particular. he challenged Datuk Musa to swear on the and rentals on some Government Oats were reduced. BN Koran as w the truth of some of the claims made against leaders also warned that If an opposllton candidate won, him (Mahathlr). The challenge was greatly highlighted in the economic boom would come to an end since the medta. which totally ignored Datuk Musa's investors from Singapore would be scared off. acceptance of the challenge. J le said he was prepared to Shahrir and his supporters countered this argument swear on the Koran in any mosque that everything said by asserting that investors from Singapore come to in his video tape was true. Fortunately, ShaJuir's Johor because of low exchange rates and c~eaper land supporters were able to dislnbute copies of Datuk and labour. Musa's acceptance of the challenge among the voters, To Shahrir's group, there was only one issue: t11c thus effectively nullifying Dr Mabathir's efforts to leadership of Dr Muhathir Mohamad. They strongly discredit his former deputy. criticised Mahathir for destroying the independence of RTM showed Its biasncss even when it came to the Judiciary by removing the Lord President and announcing the results. AI about 2.30 am on 1he suspending five Supreme Court judges. The split in morning of Aug 26. when it became clear thar BN was Umno and sUbsequent demise of UMNO Lama was heading for one of its worst defeats 111 history, RTM attributed to Dr Mahathir's dictatorial tendencies. suddenly slopped trammission without announcing the ln his campaign effort, SbaJ1rir was supported by results. What was even more ridiculous was that the 4.30 Tengku Razaleig11 and other Umno leaders from Team B. am radio news on the nationaJ network failed to In addition. Tunku Abdul Rahman personally went to mention anything about the by-election. The results JB to campaign for Shahrir. He was there in his were only announced on the 6.30 am news in one single wheelchair on nomination day to address a huge sentence, somewhere during the middle of the news. gathet ing of ShaJuir's supporters. Former deputy Prime Contrast this treatment with the hype and hoopla Minister Datuk Musa Hitam also supported Shahrir's that surrounded the coverage of the by-election before campaig~ by producing a video tape highly criticaJ of the results were in! Imagine how the reporting would Dr. Mahathir's style of administralion. This video tape have been if BN had won!! was widely circulated in JB. Another source of support However, it is doubtful whether the average for Shahrir's group was DAP. which urged its supponers Malaysian really believes everything that he or she reads to vo.te for Shah rit. in the newspapers and sees on TV. The BN controlled media is rapidly losing whatever little credibility it had. -· ~~ c Election day saw the lowest turnout in the history of Media coverage of the campaign was incredibly one­ the JB constituency with only 61.5 per cent of the sided and distorted. The distortion spewed out by the registered voters cast in~ their ballots (Table I). Two BN controlled media extended from nomination day important points that have to br made of the result: right until the results were announced. In reporting the the siLe of the BN's defeat and the multi-ethnic nature nomination day procession. the New Straits Times of the protest vote. (NST) claimed that the B\/ procession had 10,000 supporters while Shahrir's supporters numbered only about 7 ,000. According to reliable eye-witness reports, Shahrir's procession had more than 20,000 supporters, more than twice the size of the reported BN crowd. The NST gave lhe lion's share of coverage to BN. even PSRM's Razak was given more space than Shahrir. So, if someone had depended on the NST, RTM or 1V3 to forecast the results, he or she would naturally have concluded that the BN candidate was going to win with PSRM doing fairly well. The actual results were just the opposite! During campaign, BN leaders themselves admitted that attendance at BN ceramahs was very poor. This was in sharp contrast to Shahiir's ceramahs, where the halls The usuaJ road re-surfacing works failed to hoodwink were packed with people. Yet this was not highlighted in the people.

3 \

8:\ leaders admitted their ceramahs could nor draw the CfO\\d~

B . The loss suffered by BN was not a .. small defeat'' as put by MCA president Dr Ling Liong Sik the next day. It was one of the worst defeats BN suffered in history. Ma'sud Abdul Rahman obtained only 29.8 per cent of the total valid votes cast. In the 1982 general elections, tht're was not a single Parliamentary constitl!ency in Marina Yusuf speakmg at a o;;.ell-auendcd ceramah. Malaysia, where BN got a percentage lower than that. Even in the 1986 general elections, where the Opposition did better, there was only one constituency in Peninsular Malaysia, where a BN candidate got less than 30 percent of the valid votes cast. {This was in Bukit Bintang where Lhe candidate Yap Fook Ming got only 16.2 percent of the popular votes in contrast to 83.8 percent obtained by DAP's L~c Lam Thye). BN has performed better even in DAP strongholds like Kinta Vallt'y, Penang, Malacca and the federal Territory. The defeat is all the more serious for BN given the following three factors wruch were in Its favour. First, traditionally in Malaysian by-elections, BN had I performed better 'than in general elections in any constituency. Thls was due to its ability to concentrate the entire resources of the party, as well as of the State. in a single constituency. They bring in all their Ministers and other big-wigs to bribe, cajole, persuade and even threaten voters. The magnitude of their resources was clearly illustrated in JB. Unfortunately tor them, this was one of the rare instances when BN's well-rehearsed techniques of intimidation and bribery failed. Let us hope this is the beginning of a new trend among Malaysian voters. Secondly. Johore Raru and Johor State in general, Waiting for the election result "'hi.::h R1 M sudden I} has, traditionally been a BN stronghold. For instance, fa1led to trammit

4 Table 1 : JB by-election results

(6. 1%)

Voter tumout

DAP's perfom1ance in the urban areas of Johor has not by UMNO Baru leaders to claim that Shahrir's victory been as good as its performance in other large urban was largely due to the support from Chinese voters. centres. As for PAS, Johor must easily be their weakest This is utter nonsense. The protest vote against the state. The traditional strength of BN stemmed not only Mabathir regime was emphatically multi-ethnic. Shah· from the extensive support enjoyed by Umno Lama, but rir could not have got such a large majority if he had also from the fact that MCA and MIC also had strong not got strong support from Malays. support from Chinese and Indians there. For example, Since the vote is secret, we will never really know the The Star (21 .8.88) quoted Labour Minister Lee Kim Sai actual distribution of votes along ethnic lines. Table 2 as saying that there were more than 7,500 registered attempts to provide some probable distributions. The MCA members in tlH' JB division alone. In :!ddition, MIC proportion of valid votes is assumed to be the same in was reported to have nearly 5,000 members. Given their each community, that is, 61.05 percent of the registered traditional strength, it is all the more shocking that BN voters. / should suffer such a humilating defeat. Even if we make a brave assumption, as in scenario 1, Thirdly, JB has enjoyed an economic boom in the that Shahrir got 80 per cent of the Chinese votes and 60 last few years. The r·ecession of 1985 and 1986 did not per cent of other non-Malay votes (Indian and others), affect J B as badly as the rest of the country. This should he would have still have won about 51.6 per cent of have worked in favour of the ruling party, but it did Malay votes to achieve the majority he got. not. However , the Scenario 1 assumption is unlikely to be So by all measures, this was a severe loss to BN and a true. As we saw earlier, JB is an area where DAP has stunning victory for Sharuir. been comparatively weak an~ the MCA correspondingly strong. Moreover, BN's argument that the flow of Multi-ethnic Protest investment and lOurists from Singapore would slow There have been attempts by the media as well as down considerably if Shahrir won, would have been

5 persuasive to the Chinese business community. So at the most, Shahrir would have got about two-thirds of Chinese votes. The proportion of votes he received from the Indian community would have been more than 50 per cent. Given their traditional support for BN, this seems to be the general consensus among most commentators. So Shahrir must have got two-thirds of the Malay votes for such a large majority. It is clear that Shahrir's support comes from both Malays and non­ Malays. Why BN Fell There are a number of causes for Shahrir's big victory, among them being the split in UMNO, the DAP support for Shahrir, the showing by Tunku Abdul Rahman, Shahrir's personal popularity. However. the By-elections are a waste of taxpayers' money, says Dr M. main cause for BN 's massive defeat is without doubt, the Amendments to Elections Act in the cards? widespread disillusion and disgust with the authoritarian trend of Dr Mahathir's regime. Two episodes in Another outcome of the result, could be the possible particular illustrated this trend. The first was the unjust amendments of the Election-; Act and/or the use of the lnternal Security Act to detain leaders of Constitution to enable U1e Government to leave vacated political and social groups critical of the regime in Parliamentary seats unfilled till the following general October last year. This put an end to tbe pretence that elections. This is the practice in Singapore . T110ugh Dr his regime is a liberal one. For example many Malaysians Mallathir has said that his Government is unlikely to do find it difficult to accept Dr Mahathir's view that this, two things tend to cast doubt on his statement. Parliamentary Opposition leader Lim Kit Siang was Firstlv there were calls to end by-elections at the detained for his stand on Chinese language rights. recent!~ concluded annual Conference of the Peoples ' Rather, they suspect he was detained because he was Progre;sive Party (PPP), a component BN party. growing very effective in uncovering financial scandals Secondly, Dr Mahathir himself has repeatedly said that involving the ruling elites. A case in point is the UEM by-elections like UlJt of JB are a waste of taxpayers' contract money. So we should not be surprised if we hear a But it is Mahathir's wholesale destruction of the chorus of calls from other BN component parties to stop independence of the Judiciary in amending the by-elections by amending the Constitution. Even if ~ore Constitution earlier this year, and the subsequent by-elections are held, the po'wers of the State will be removal of six out of the I 0 Supreme Court judges that used more forcefully to obtain the outcome that Dr woke most Malaysians to the ~ruly authoritarian nature Mahathir's reg1me wants. More intimidation and of the Mahathir regime. It was as if the captain of the harassment of opposition groups by the au tho rilles can losing side in a football match shot and killed the referee be expected. Rigging of elections may even occur and the Unesmen,when too may calls were made against Another unlikely, but profound change in Malaysian his team's foul play! Ordinary Malaysians have a sense of politics as a result of the JB by-elections, is the growth fairplay and this was just too much for them to stomach. of a coalition between UMNO dissidents and non-Malay They showed their revulsion at the ballot box in JB on base

6 In the following articles, CHANDRA MUZAFFAR looks at some o: the consequences and implications of tJ1 e Johor Baru by-election. -Editor A Communal Twist tis a pity that since ll1e ignonimous defeat of the this organized, orchestrated endeavour to inject commu­ Barisan Nasional in the Johor Baru by-elecuon. nal poison into the J B verdict? Barisan leaderl> are going all out to give a cornmuna It appears that the real motive IS to camouflage the twist to Datuk Shahrir's resounding victory. He. and tru th about how the Malays voted. The vast majority of the UMNO 46 group, are being accused of betraying Malays who went to the polls on :!5 August, it is obvious Ithe Ma lay cause. lhcy are depicted as traitors to the from most accounts, voted for the Independent candi· Malay race since they had reamed up with the D..:mocra· date, Daluk Shaltrir Samad. Datuk Mohamed Sopiec tic Action Party (DAP). an allegedly antt-Malay party. It shows in his detailed analysis of the election results that is because of this collusion between Shahnr and UMNO for every 4 Malay votes that the Barisan candidate 46 on the one hand. and the DAP, on the other, obtained, Shahrir must have recetved at least I I Malay according to Barisan leaders - that Shahrir won the votes. lle also argues that "D-.1tuk Shahrir received less by-election. than two votes for every one Chinese vote for llj. Ma'sud We shall leave it to the DAP to refute what we regard (Lhc Barisan candidate)". Malay votes, rather than as a baseless all ega lion : that the party is anti-Malay. Our Chinese or Indian voles. ensured Shahri1 's triumph. concern is something else. What is the real motive behind It is this truth that the Barisan, and particularly the

From left - Mahathir: his leadership repudiated in JB; Salleh: his sacking perceived as an act of injustice; 11 Malay votes for Shahrir for every 4 for Barisan. UMNO Baru leadership, refuses to accept. For UMNO ln the early and 1n.id-sevenues too, when Tun Abdul Ban1 the JB defeat at the hands of someone representing Razak from Pahang was UMNO President and Pnme the original UMNO, UMNO 46, is a bitter pill to Minister, he received overwhelming endorsement from swallow. Ir shows in clear, unmistakable terms that Johor. So State sentiments had nothing to do with the Malays of Johor B3ru re,ect UMNO Baru. Wltat it Johor Baru 's rejection of Mal1alhir Mohamad. means is that the Malays in the city where UMNO was lf any one issue within the general question of formally established in 1946, do not accept the new Mahathir's leadership may have evoked a powerful UMNO created by Datuk Seri Dr Mahathir Mohamad m response from the voters, it is the sacking of Lord Ute midst of the continuing UMNO crisiS. This has President Tun Salleh Abas \\hO inc1demilly 1s from added significance when it is also remembered tllar Trengganu The sacking was rightly perceived as a grave Johor is the State where UMNO has always been excep­ act of injustice. In the thmk.ing of a lor of Malay:. and tionally strong, the one State where UMNO has not lost non-Malays in Johor Baru and elsewhere. an innocent a single State or Parliamentary seat since elections were man had been made to suffer because of someone·s first introduced in the country in the early fifties. This is desire to remain in power. Injustices of this I.Jnd are why the JB debacle has brought to the fore the whole easily understood by ordinary people. Within Malay question of UMNO Baru 's credibility. political culture for mstance, a social inJUstice has to If liS credibility is a question-mark it is because the be personalized for it to provoke an adverse reaction. party is seen in Johor Daru and in some other places as When that injustice is also perceived as an extreme act ·a pretender lO Ule throne', a party that lacks the moral trangressing conventional norms of restraint and modera­ legitimacy of the original UMNO. It is seen as Mahathir's tion, one can expect the Malay community to develop party, the party of the Malay elite that is in power an antipathy towards whoever is responsible for that today. This is someUling which UMNO Malays find injustice. difficult to accept. For UMNO as they perceive it is an Since the UMNO Baru leadership is not prepared to institution which transcends the individuals who lead it admit that injustices of this sort and other glaring at particular points in time. It is an institution which instances of abuse of power like the mass arrests of symbolises the community, its identity, its aspirations. October-November 1987, were responsible for its UMNO has an image, a character which is not dependent humiliating defeat in Johor Baru, it has chosen to upon, or subject to, the presence or the power of parti­ accuse UMNO 46 of 'communal treachery', of selling cular personalities. This is why when Oatuk Onn Jaafar, the Malays to the Chinese. UMNO Baru hopes that by the founder-President of UMNO and one of Johor's hurling these accusations at UMNO 46, the credibilit} most illustrious sons left the party and contested against of its rival in the eyes of the Malays would be destroyed. it in Johor itself on two occasions in the fifties, he was Once its credibilJty is destroyed, it would be a lot easier defeated. This was irrefutable proof that UMNO was for UMNO Baru to establish itself as the sole protector bigger than any individual. It explains why the Malay of the Malay community, as the guardian of rhe ~1alay voters of Johor Baru will not accept an UMNO which cause. they feel reflects the dictates of an individual ratller It is important to observe that discrediting a rival than the spirit of the co nun unity. by accusing him of betraying Malay inrerests and pro­ It is more than UMNO Baru's lack of credibility that claiming oneself as the uncompromising defender of the leadership is trying to camouflage by ra ising the Malay rights, is a communal manoeuvre that has otten spectre of a Chinese threat to Malay political power. The been employed within UMNO poliucs. Tius was how repudiation of Mahathir's leadership is yet another rea­ Dato Onn's image was tarnished after he proposed that son why there is a frantic attempt to CQnu11unalize the UMNO open its doors to non-Malays in the· carl) tiflies. people's verdict in Johor Baru . For as it has been stated This was how the Tunku was more or less forced out of many times before in our own analysis and in the office in the wake of the May 13th riot lll ~969. When writings of a number of other commentators, the major the opposition Islamic Party of Malaysia (PAS 1 begln 1ssue in the JB by-election was Or Mahathir Mohamad's to communicate with the non-Mushms \\lUl the aun or leadership. What be had done to UMNO was, in a sense, forming an inter-ethnic electoral pact in 19 6, the part of this issue. I lis draconian moves against the UMNO leadership moved swiftly to kill its plan by Judiciary and democracy in general also provided accusing the party of betraying the Mala) -lslamic cannon-fodder to his rivals. struggle Uuough compromises w1Lh the other communi­ These moves, and not State sentiments and parochial ties. Now we see ilic UMNO Baru leadership deliberately emotions, as suggested by his cohorts, played a big role distorting the UMNO 46 v1ctory in Johor &ru so that in the defeat of the Barisan candidate. His cohorts have rhe Malays will begin to suspect the fidehl) of the group argued that Johoreans are not happy with a Northerner to the Malay cause. and would have liked someone from their own State. For UMNO has known all along that the only way 11 It has ever. been said that tl1ere is a certain 'Johore can be dislodged from power is if another Malay party pride· wh1~.b works agamst ready acceptance of a leader with strong Malay support emerge~ whkh is capable. at from Kedah or any other State for that matter. Those the same time, of forging a workable lin~ \\ ith non­ who pedal this sort of argument forget that Johor gave Malays. lt explains to some extent \\b) Shahrir's multi­ total, unanimous support to the Kedahan , Tunku ethnic victory in a multi-ethnic constituenC) has created Abdul Rahman, righl til rough the fifties and six Lies. a bit of pamc within UMNO Baru and Barisan circles. e

8 the poor should also receive his utmost attention as one of the nation's law-makers. His own constituency has squattc1 colonies which inlposes an even greater burden upon hun to seek fundamental solutions to the problem of poverty and deprivation. As a Member of Parliament from one of the most multi-ethnic constituencies in the country, Datu!. Shahrir must also be concerned about the challenge of ethnic polarization. It may be a good idea to use the monthly newsletter which he has promised his consti­ tuenc} to foster harmonious relations among the three main communities in Johor Baru . He may also consider giving support in Parliament to a proposal which Aliran nrst mooted in 1984. We had proposed that an indepen­ dent Consultative Council on Ethnic Relations be The established. It would comprise representatives from aU sectors of society and would have the power to make recommendations to Parliament. Task Ahead Equally important, Shahrir, one hopes, will be able to persuade his colleagues in UMNO 46 to incorporate the major ideas contained in his manifesto into their struggle ow that Datuk Shahrir Samad has retained for Parliamentary Democracy. It is a pity that up to this control of the Johor Baru Parliamentary point UMNO 46 has not shown us how it is going to constituency with a thumping majority, we restore the independence of the Judiciary which it hope he'll remain faithful to his election alleges has been severely curbed by the Mahathir govern­ manifesto. ment. Neither has it indicated what specific measures it NIn the manifesto he seems to be concerned about will take to ensure Press freedom. corruption especially in high places and warns of the · Similarly, the UMNO 46 leaderShip - in spite of Its danger of cronyism. He is also critical of privatization pointed criticisms of the government's heavy industries and its impact upon workers. When Parliament resumes programme and economic management - has yet to sitting in October, Shahrir should raise some of these evolve alternative ideas and strategies for economic issues for debate. development. It has berated the Mal1athir regime for its The voters of Johor Baru and the Malaysian public as corruption and cronyism but has not shown us how it a whole also expect him to rally to the defence of will check these social scourges. All in all, it is obvious democratic institutions and values which are under siege that UMNO 46 has yet to produce an alternative pro· today. His manifesto after all emphasises the importance gramme of ideas and action. of an independent Judiciary, an unshackled press, demo­ It is quite conceivable that it has not given attention cratic dissent and free expression. Shahrir has even called to an alternative programme because its main goal at for the abolition of the law that requires publications to the moment is the revival of the original UMNO. Though obtain licences on an annual basis. It is such a serious legally this effort seems to have reached a dead-end - curb upon the freedom of expression that Ali ran expects with the Supreme Court decision of early August the Member of Parliament for Johor Baru to campaign endorsing the de-registration of the original UMNO - relentlessly against this draconian requirement. it is understandable why for political and psychological At the same time, AJiran hopes that Shahrir will soon reasons, the UMNO 46 group may want to keep the idea realize that it is not enough to argue that the recent of the original UMNO alive. Still, after a point, a move­ amendments to the Internal Security Act (ISA) are bad ment which embodies frustration and unhappiness with or that the lSA has been abused. The JSA itself is wrong. the existing political leadership, must think seriously of It is unjust because It denies the detained person the the alternative programme it can offer Malaysian society. basic right to defend himself or herself in a proper court It is not enough merely to reject the Mahathir style of of law. All those who cherislt freedom and justice, aU government. The thousands and thousands of people in those who value the rule of law know that there can be Johor Baru who voted Datuk Shahrir expect a little no real democracy In Malaysia untll that obnoxious law more. They expect Shahrir and his friends to be dif­ is abrogatoo. ferent. They want them to be different because they are Likewise, democracy will not flourish In our land unhappy with m:my of the policies and programmes of unless there is much greater accountability on the part the Mahathlr regime which have led to the decline of of the government and indeed all those who wield power freedom and justice in the Malaysia of 1988. and authority in our society. The Malaysian public This Is why Shaluir and the rest of UMNO 46 have no would be very happy if Shahrir continued to demand choice if they want to retain the trust and confidence of democratic accountability from both inside and outside the people. They must address themselves to the real Parliament. issues, while remaining loyal to the spirit of the real Poverty and the widening gap between the rich and UMNO. e

9 R'S 3 s ry of the Stat on y politics nip lation of fe r

he Barisan Nasiona1 has abused the machinery speak. of the State, as it has never been abused before As if harassment and intimidation of this sort is not in the Johore Baru by-election. Of course since enough, BN leaders are now resorting to threats and black­ Merdeka, the ruling Coalition has misused mail. Voters have been warned that there would be no deve­ Government facilities to boost its electoral lopment if the BN candidate loses. They have been told T that only BN can ensure peace and unity, fortunes. However, on this occasion, the BN has gone and there would beyond all limits. It has completely lost whatever little be instability and chaos if one of the other candidates won. sense of shame it had before, using its position and power Certain BN leaders have even alluded to May 13th - the as the Government of the day to steal a march over its ghost that they invariably resurrect to instil fear in the electoral rivals. people. The BN has abused its governmental role by launching However, in spite of the State Machinery, money all sorts of huge development projects with the obvious aim politics and the manipulation of fear - the 3Ms of the of wooing the voters in Johore Baru. About $300 million Mahathir regime - the Johore Baru voters seem determined is to be spent to expand the causeway and other related in supporting the Independent candidate Datuk Shahrir projects. A number of other public works P!Ojects have Samad. They seem to realise the importance of reJecting been announced. The Johore Baru-Senai hiehway toll has the leadership of Dr Mahathir in view of the great injustices been reduced by SO per cent, while the causeway toll is he has committed, especially in the wake of the October 27 likely to be scrapped altogether. Rentals of certain episode. There seems to be a strong wave of antipathy, even Government-built flats have been reduced. antagonism, towards the personality and policies of Dr It is only too obvious that these are all inducements Mahathir. This anti-Mahathir mood has grown out of a offered to the voters so that they will support the BN in feeling that the 'great leader' has gone beyond the bqunds the by-election. Inducing voters in this manner is a blatant of propriety, a feeling that came to the fore follo~ing the violation of the Election Act. And yet the Election suspension of the Lord President and five Supreme Court Commission has not pulled up BN. The unwillingness of the judges. Commission.to act may give the impression that it is Aliran hopes that the feelings of Johore Baru citizens, supposed to be independent and unbiased towards BN. which reflects the sentiments of Malaysians as a whole, will The BN's wholesale bribery of voters in Johore Baru is ftnd expression in the ballot box on August 25. JQ&8. The an outstanding instance of 'money politics' at work. How BN leadership should not do anything to prevent the can BN leaders like Dr Mahathir Mohamad condemn money people from expressing their true feeling. The Election politics on the part of his political adversaries, when the BN Commission must ensure that the election ts conducted has no qualms about buy'ing votes? In a sense, BN's money in the fairest manner possible. There should not be any politics is worse because t~e money used belongs to the cheating or even the faintest suggestion of foul-play. The people, while in the case of some of Dr Mahathir's adver­ police is duty-bound to ensure that everyone - including saries, the money comes from their own pockets! the BN - obeys the laws, rules and regt:lations pertaining More than money politics and bribery, the Johore Baru to the conduct of elections. by-election is also witnessing police harassment and intimi­ May Democracy triumph on the August 25, 19 8' dation to extents previously unknown. The police have May the people emerge victorious as we greet the dawn on broken up a number ofParti Sosialis Rakyat Malaysia August 26, 1988! e (PSRM) cerarnahs as well as those of the Independent candidate. On other occasions the campaigners have been 23 August 1988 Chandra Muzaffar asked to restrict their speeches to 10 or 15 minutes. It is Presidem sad that even 'Bapa Malaysia' has bee.n denied his right to

10 ndependent candidate Datuk Shahrir Samad's landslide October 27. At the same time, the original UMNO should victory in the Johore Baru by-election is clear proof be re-established as a democratic party and all his so-called that the rakyat reject the authoritarianism of Dr foes should be allowed to return to the fold of the organisa­ Mahathir Mohamad. Datuk Shahrir's triumph is tion. Mahathir's defeat. Datuk Shahrir's entire campaign was If Dr Mahathir is not prepared to do all this, he has two Ia passionate plea to Johore Baru voters to repudiate Dr choices before him. One, he should go back to the rakyat. Mahathir's leadership. He should hold a General Election to prove that he has still Dr Mahathir should realise that Johore Baru voters like got the support of the people. ALIRAN is convinced that other Malaysian citizens, are angry with his decimation of he has lost the rakyat's support. Johore Baru, which is one the independence of the Judiciary. More than any of his of the most multi-ethnic parliamentary constituencies in other actions in recent months, it is Dr Mahathir's removal the country is a microcosm of Malaysian society. The of the Lord President and the suspension of five Supreme feelings expressed through the ballot-box on 25 August is Court Judges which has earned him the people's wrath. The a reflection of the sentiments of the general populace. people know that Dr Mahathlr's machinations against the Dr Mahathir should not be afraid to go back to the people Judiciary were motivated by self-interest and nothing else. since he has always claimed that the people are with him. The sacking of the Lord President in particular, revealed Two, if he is afraid to face the people, then he should that Dr Mahathir will do anything to preserve and perpe­ have the decency to resign as Prime Minister. This is the tuate his power. Malaysian society - like other civilised only honourable course of action open to him. After aJI, communities - has an instinctive revulsion towards leaders he has often talked of 'honour' and 'dignity'. Now is the who are not restrained in their exercise of power, who have time to show that he has some sense of honour and dignity. lost their sense of shame. Finally, ALIRAN is proud of the people of Johoie Baru. Dr Mahathir's lack of restraint is apparent from all that They have shown once again that while authoritarian he has done since October 27 1987 - including the lSA leaders may be able to control the vital institutions of , swoop, the amendments to various laws and the Constitu· State, like the Judiciary, Parliament, the media and the tion, and the changes he has wrought to the original universities through opportunistic operators and servile UMNO. stooges, they cannot force the people to surrender their After his ignominous defeat in Johore Baru, Dr Mahathir love for freedom and justice. It is significant that every would do well to rectify his mistakes. He should restore time the ordinary human being is aU owed to express his or independence of the Judiciary by rescinding the amend­ her true feelings about authoritarian regimes or dictatorial ment to Article 121 of the Constitution. He should find Governments, the verdict is unmistakable. The authorita­ ways and means of reinstating Tun Salleh Abas as Lord rian leader is invariably rejected or routed by the people. President. The suspension order against the five Supreme It has happened in Iran, in Nicaragua, in the Philippines, Court Judges should be revoked immediately. AlliSA in South Korea. And now it is happening in Burma. It will detainees held since the October swoop should be imme­ happen in Malaysia, if Dr Mahathir does not make amends diately and unconditionally released. The various amend· immediately. The choice is his. · e ments he has made to Jaws affecting fundamental liberties should also be rescinded. The media should be allowed to 26 August 1988 Chandra Muzaffar exercise that modicum of independence it enjoyed before President

11 Tan Sri Dr T an Chee Khoon The Shahrir Victo ry

he victory of Shahrir is a watershed in the history of the Opposition in this country. It is on par" ith the victory in T TAMBUNAN by Datuk Joseph Pairin Kitingan. There Datuk Harri.~ Salleh chose to ignore the feelings of the electorate and was soundly thrashed in the State Election that ensued.

he Barisan Nasional has become too arrogant and cocky and has perhaps lo~t much with the feelings of the people, T tJteir hopes and aspirations, their needs and perhaps their fear of the arising authoritarianism in this country.

he PSRM should have stay,ed away for this by-election as they had been adviaed by some of their friends. If they T had stayed away they would have avoided a humiliating defeat and Joss of their credibility u well. They had been bouyed up by Ote support they received in 1986 and in April this year against Daruk Yunos Sulaiman. They had misjudged Ote mood of the voters of Johor Baru this time. The voters \\-anted a straight figlll bet\\-een Bariun and Shahrir and resented the intrusion of PSRM. However I am confident PSRM will live to We publish below excerpts from Dr Tan's fight another day. article on the Johor Baru by-election. The STAR nothei heutening feature of this election wu the beha· decline~ to carry the article. Aliran has been viour of the parties and voters. All the three candtcbtes constrained by space from carrying the article A were Malays but the multi-racial electorate perhaps for in full. the lint time voted for politics rather than race. I should like to Ed· take this opportuniry to congratulate all the three candidates ator for their exemplary behaviour in this election. They all s.atd that they "ill abide by the verdict or the people. they would conti· -- nue to wotk ror the people and they did not Jhow any anuna~ity to\\-ards each other. Let us hope that there will be such elections ot since Independence in 195 7 have I seen the AIJiance as Johor Baru in future! nor Barisan meet with such a defeat. Shahrir has won but his tally or votes have been more than twice the votes N atuk Shah ric and his friends must sit do\\n to do some obtained by Ma'sud Abdul Rahman. serious thinking of their O\\n future. True they \\til be Dbusy fl&htina more by·election• but the important wk before them ia ro draw up a proaramme to preaent to the voters Y this mwlve victozy the voters of Johor Baru have sent a and people or this country. They cennot always uy that they messaae to the aovernment and people of this country that are out to topple the Buls.an. They must abo~ that they they do not approve of the ISA detentions and the aovern· are B serious tbout rormlng an alternate government. They muar not ment's treatment of the Judiciary. be a/reid to show they can be the elternete to the Rulina P~rty. the next few weeks and month• \IUJ ahow ua ~h•t they are capable or doing. see that the Bariun b aolna to bold I post·nlottem. I do hope thet this propOied post-mortem wiU not be a "'hite\\IJh I Utat wUI find excuses for the Bertun defeat. It should delve am thinking of the future or our children end ourselves. We Into the true cause of the Barlsan defeat end the Rutin& Party must not allow our country to become like the squalid one· should take remedial measures. ThCJC I hope will include I party dictatonhlps tJ1at arc around us. We have the oppor· immediate action on the deteriorating situation of the Judiciary. tunlty in MeJaysia to buUd a model democracy and \\-C cannot If the Barisan delves deeply into the causes of the defeat, high up alloW the greed tnd ambitions of OUr pohrKIIns to deJtroy thil on the causes would be the fear or the voters of the lack of dream. In tlte difficult times ahead, I hope out people wUI speak independence of the Judiciary. The judges look like they are in a up firmly and clearly that we are determmed to mcrease the hopeless situation and the action on 01e part or the voters of area of democratic freedoms tha 1 have been denied us smce Johor Baru will, I hope, drive some sense into the Ruling Party. Independence. • 12 '{here wi\\ be homes {or the homeless We said \t before )obs {or the jobless we'\\ saY it aglUn hampers {or the hapless if you vote {or us and g\earning dentures you can onlY gain {or the toothless .. ... if we \ose you'll be in pain ..... But it's not be· cause of the elections! But it's not be· cause of tbe elections\ Yes, if we win there wiU be \f you shoW for an over three hundred us at the poUs mi\\ion windfall·. we wi\\ widen you'\\ nave a batH your highways We wi\\ declare \ower your toUs a holiday for al\ . brighten your lanes with trinkets&. do\\s . But it'"- not be· cause of the elections\ But it's not be· cause of the elections\ We said it before we'll saY it again We't\ do\tb\e if you vote {or us your wages you can on\y gain reduce if we \ose your taXes you'\\ be in vain . . . .. bring water to squatters But it's not he· of both sexes cause of the elections\

But it's not be· Cecil Rajendra cause of the elections\ ,o\ug R8'

13 Letters W. ¥~~elc::ome letter• from tuders. Letter-5 Qu be etthe• tn English or Bah•w Malav••... Til- letter• may be edited too purpcnes of ·~ce ond cl,roty The •••,... upo._d ,,.~ not be thOM of the Ahran Montttty. Pseutionv•ns •r• accepted but .u ••tttrn should inc-lude the writer•• name 1nd •ddren Lettau should prtfer•bly btt ty.,~ w' ttteu ..w•th ctoobl••pac.no.. if h•nd-wrtU•u 1M~ should bt legtble:

LeU~ ohould be oddr-ed 10 lhe EdotOf , Alorooo Monthly, P .O 8o• l~il . Paruouv MIIIIVIII.

IN DEFENCE OF nistrators" as well as those of the coun· JOURNAUSTS cilors because tJ1ey arc only telling half the truth. HaJf· truths ue more damaging and worse than untruths ab they can refer to th e letrer of Christopher mislead. . Ltm Guan Tai regarding the article The Council is lOsing ratepayers' Super Komtar Oouting rules: Wake I by the "unnamed journalist'' and money due to the incompetence of up POC before another Super wish to make some clarifications. it~ so-called "senior administrators" tragedy in Penang! If I am a coward like he alleged. and its councillors. Its ~cretary is a I won't have written the article. I can ·Ia" yer by training \1 hile the administra· understand hO\" Mr Lim feels but I do tor next in seniority is a history gra· Komtar has its fire-escapes locked and hope he wiiJ not condemn without duate. The officer in charge of property used as stores. GoOdness knO\\s \\ohat understanding my position. development has a B.A. (majoring in \1 ill happen if a stampede should arise I did not wish to be identified as geography) and the acung dire~: tor of its because of a false aJarm o r tn the event at the time of writing three news· transport department is just a general of a f11c. paper~ were closed and since I am degree holder. The P.O.C. \\hich is the owner attached to one of them. I did not If they are really capable of good of rhe prem~ and the developer wish the authorities to associate my administration. it \\OO (d be redundant of the complex appear~ to ha\e ignored personal opinion with that of the paper I for M.A.R.A. to run public admini~tra­ complaint!>. yet its officers never fail to \\ ork for. I dtd not \\-ish to jeopar· tion diploma coorws Similarly. prO· threaten. \\ith unmcdtate termmation of dise any hope the plper might then f~OIIal bodic< such ~ tht> A:sian the tenancy. ~aller rJmplo~ \\how have hn cared Well. to search for jutcy refuse dis· dutic~ fairly. perhap~ the Bomba ~hm1 how ~hou ld enough to provide ~ome fom1 of relief po~al con tracts and car·parkinfl. tenders people can them •t be for us? Big boss«!.\ who U)Cd to wck our for hh rei a tives and friends! done. help for publicity suddenly did not Enough IS enough! Ratepayer~ do not Ishak b Sabri know u~ when \~C needed ,iobs! want square peg~ in round hole~ and v1ce Pe11ang ln concJusion. I wi~h to st:lll tllllt versa. Pleas.: let trained personnrl do thr \\hatcver I wnre 1s my own pcr~onaJ important job~ and let excell<'ncc rake vie\\ :~nd has nothing to do wirh whtch· over from mediocri-ty. ever newspaper I am working With I am in no po~ition to speak o r wrire on S Thma.vsingham hehnlf of thr oapt>r. Penrn~ PAGAR MAK.AN PADI nromas l.er: Peralinf! ltrwz here ha~ recently been a spate of cririchm from certain trade umon T leaders regarding Dr V David's TOWERING request to the AFL·CIO reguding the SUPFR KOMTAR? C.SP privilege~ given b) the LS govern· Rllf'K UP PMt' menl. What these trade umon luders seem he film "To"'ering Inferno" not to understand or do not want to ith reference to Joceline Tan's shown overT. V. has an important understand is thar Dr \' Davtd did not report in today'• (NST. II T lesson - indifference and ronOict of rail for the arbttnf) \\ithdra\\al of the W Aug. 1988) on tlH: adverse mterest can combine with sub-standatd GSP privilege~ He )lmPI> \\anted AFL· financial situation of the Penang Munici· building materials and tack of super· CIO to review whether de\eloping coun· pal Councd (i'MC). 1 hope readers do not vision to bring about a tragedy leading to tries have met then obllpnons to take coo ~criou~ly the views propounded toss of property and life. Labour in order to be accorded GSP by both the Cou ncil's \enior admi Onr supermarket (Super Komtar) in privileges.

14 lt i~ timely U1at these so-called trade the fact tltal all government leader' :.rc democracy and upholding rhe rule of union leaders reassess then· position as also urdanui} human bem~ '' 1111 natural Ja,\. This prerogauvc belon~ to the "orkers' c hampio n ~. They .seem more \\cakne:.:.c:.. Yet he •s giving 1b:>Oiutc p..:oplc who pu.t the lc,aders in postta on~ like the government's spokesmen. TI1e powers to ~crtam leaders m Ju .; ad of rrust. \~c have -eon ho\\ ns111g d1c· Ia hour law) in thts country lucl repeated· mtntsuation .~~ though they \\Cfl! more tator. al\\ay) mamtam that they Y.ere ly been taped but they merely stood hy than human. Arc these inconsasrcntacs a defending democracy and tlte li11J e and watched. Per hap~ t11cy ate enJoytng matter of comeanc.:nce? ha()hncss lltcy \\ere practising was the whole sltow. l"hc upcommg l:.hour One of t11e mo.>t fhmsy C)olu~cs l!l•• cn torccd on them by people our to deslroy amendments will further cas!Jate th e by the Executive IS that in several ca•e.~. democracy! trade union movement and leave it people who should have heen brought 10 Oemocracy is not in words. It is in impotent. WitJt th ese stooge) around. book escaped qte axe on technical deeds. Wor~ can be ~ugar-coated and the government would not find it diffi. ground~>. such a. Jaw-en(Oicement can mcsmerise some. e~pcc ially the cult. ft \\OUid be more honourable for officers not havtng complied "'i tl'. ur ~m pl e of mind. yet not forever. these leadeiS not to w U their member) having overlool.cd. <;ertain procedure' trust but to re 1gn and join rhe Bati.~n l:ud do"n in the relevant legislatao n. RoJJmder Smgh Nasional since t11ey want to play a role This is ju)t like the bad carpenter Sungei Poroni 1n rhe wayang kulit show orcbestrnrcd blaming hi.~ toob! by the dalang of Barisan Nasional. lf the hxecu tive is unhappy ahou l A t the gr3))WOts level. \\C find these the slip·ups 111 procedure t11at tue being trade union leaders repugnant. Since made by official~ concerned rewlting in MTUC has accepted Or V Dav ad '~ setbacks for the tl\ecutive. then it C'(planation at IS o nly right that rhesc :Jaould be understood that the fault union leaders. whether they are part o f l i~ wirh tl1e officials and not rhe Ia\\ per MTUC or not. ~how matum y by re· se. Th~ being tJtc case. 1t IS rhel>C off•· frnining from mal.ing negative state· cials who arc not CEKAP who should be ments in the govcrnment·g;veue Press. penalised so tJtal od1er oflicials \\ ill not Arter all. trade umon leaders preach that be similarly c are l c~ in carrying out thcar solidarity sJtould not OAly exist at state duties. Arncndtng Ule Jaws. thereby rc· o r national level but also at the inter· moving built-in )Q (e-guar~. is :.urely nol national level. Tho~e un1on leaders who Ule way towareiou~ "ill kno\\ that rc~ulb. ,.endmg J dear nh.;~ge w Dr up with som1. po,;.t~c·a" a rene~~ pro \\hJt \\C arc hJving" unl} " 'hJdu\\ of MahatJm that tJ1c •~kyat llo not like grammes during World Peace Week den HK. IJt.:y lu put It mote clt:.trly. \\C his blyh: of leudcr~hip. He hw~ ~id rhat in future. arc 1111\\ livmg 111 .111 JllthuntJrtJit <'Oilll· Dato Sharir'• re~ignation and re·standing rry HJru to Jdnut'? !!lwalluw tt! It• ~ the for the elcchon as Jn lndep~·ndl!nt l.'iln S SundroiiiiJ;OIII uu en for thos~ whu still ha ven ' 1 llidot ... rs only bc~au);C Datu Shahrir docs Ptrak ro.:~h...:d 11. not like him. IJato Shahrir tcconfirmed (,~:th:ro~hy . th1. puhh< arc mere ~pee that ~tatcmcnt. 1 beheve Dr \fahathtr IalOr whl.ln 11 to pohtu:~. I would being J very ~m111t man thought that by :.in,.:tdy like Aliran to hold a pnblic ~ying this of Dato Shahrir he \\OUid forum or US\: dny other metJtod deemed convince the rakyat. especially the Malay righ 1 h)' Ahr~n it:.clf to educate the voters. to vote the Barisan or vMNO CHARITY BEGINS puhhc for the air is now polluted by J Baru. rhe message ts very clear. Whut· gov.:ntment dotng ib very best to he and ever t11e SCllpegoat one may usc. like AT HOME buy tJ1e people. blaming the Chinese and Indians for not AI thi:. jUncture, all I W0\110 liKe 10 voting the Barisan or other smarr excu~es read ,,;th interest your :uticle say is BACK fO YOUR l-:NGLISH (e.peciaUy tltosc mode by d1e Johor 'Adoption of Palestine Chtld. Your CLASSI:.S. 30YS AND GIRLS! Baru Mentri Besar). the rakyat have magaztnc alway> seem to be so ~ym· spoken. They don 'I like Dr Mahathir'~ I An ocurely tinl3n•. Why. ~lyle of govi!rning t11c country. and disgusted swdent Let not Dr Mahathir use the natural I do not kno''! A• much as the Pal e~· tinian• need >11pporl. so do a lot of Kuala Lumpur '~caltJt of Malaysia and the friendly poor \falay:.ians like ·nmc running out charallcristic~ of all Malaysians for for heart pattent' (Sunday Mail. Augu>t per)onal glory. The rakyat C'-Pl'\:t him to 28. 1988). J am not dgatnst thts good change and to Mop givmg 1!'-l:U~e>. We deed that you arc doing because hke Mr 3IC ll(l fools. S~top fooling U~. Lee Lam Thyc mentioned. 'th3Iity begins at home· (Ahran last •s•ue S S Cioh page 15). BRAVO ANO bNCORE Selangor

PD J"air he DAI''s decision to support Seltmgu1 Datuk Shahnr 111 t11c r.:-.cut Johor T B;~ro hy·cll'ctiun •~ certainly one (Editor ·~ Note. \\e wtsh to let ~1r P 0 of the be'>t dc.:t~wn~ they have made. SYABAS Nair know that 1he Alir;an ha~ Ct)ntri· It 1s not a so-~alled " political butcd to vuriou> Lase:. of need Within maninge" as those RNicJdcrsslandemus· PENGUNDI-PENGUNDI JB Matay.ta). ly potnt ouc. lnstc;Jtl. H •s mercl)' a sim· pie politi~al agrccmc•ll on the need to aya mengucapkan syahas dan tnh tluow out tJ•e present leadership! niaJl f..cpada Y.R. IJatuk Shahnr [he mc.~sagc th~: J H voters gaH' us was S Abdul Samad di alas kcmenang:111 ••gntftcant. I urge all MaJay~tau:. '"ho behJu di dalam pthhJnraya k\.-.:il ka\\a· care tor the extstencc of true democracy san Parlimen Johor BllrU. Bcliau telah to do thetr very best to bring it hack - pun memp~:rolehi kcmcnangan -.ebanyak for the prc~nt and lu111re generation~. 23.581 und1 dengan mengalahk:in ~alun Bari>an :"Ja!ttonaJ iattu Hj. \f;LS'ud HJ. Abdul Rahman yang menrl.lpat I 0.968 TSP undt. c.lan juga l.'alun PSR \1 Ahdul Kuala Lumpur Rll1ak Ahmad dengan mendJpat hanya 2.260 undi. Kemennngan undt OUIJOriti yang diperolehi oleh Datuk Sh:1hrir scbaJtyak 12.613 undt. Saya bcrpendapat ini adalah satu pencapatan baSI pengu ndi· pengundi Johor B:tru yang ntatang di DOCTOR, CURE YOURSELF dalam politik. Rakyat beha~ mcmihh pcmimpin mercka. D.!ngan kcmo,;'llangan im juga bererti demokraSl tcl~h "ujud Syabas, J.B. voter! or the past years. thousands upon darl rakyat scndiri yang cinlakan tanah· Fthousands have opoken against Dr atr. Rakyat tclab pun '1\.-du d;~n matang .Mahatlur's dictatorial methods in go· berlikirkan daJam pohul.. denpn mengi· DEMOCRATIC OR vcwing our cou nlly. Many nrc laymen ku tl isu·isu ~cmasn di llmm medta ma~sa AUTHORITARIAN? "ithout kno\\ledge of politics but "ord.~ clektronik dan media berc~taf.. (akhbar· spoken. \Hittcn or expressed arc from akhbar). Bag• pihal.. alun-calun yang their hclbar dan cekal hall Nasional of course) always say children and tJ1eir identity as Malay· dJ dalam perjuanpn menu. lm adalah 0 democracy is alive and well in sians. Dr Mahnthir cho~ to ignore thc~c satu peogaJ3C.tll a1au tkubal baSI pthak Malaysia. May I ask what kind of demo· c£itidsms which he deems "anti· yang kaJah. ~upa}a dapar mcmperbaiki cncy? Malaysuln ". J\nyonc who is sen~ible lagi segala kc ilapan·kcl>i.lapan pada ma~a U what they say is correct. then aU enough kno\\S what Dr Mahathir is doing yang akan d.uang. the Websters. Oxford dtctiOniiiies and is not for the benefit of the Rakyat but encyclopedias have given us a totally for the benefit of himself and his 'Yes C A Molzd Edris wrong definition! What to do no"? men'. Pena11g

18 THE REVOLUTION control. The constitutional amendment often than not drew ans"ers such u:- in Marcb 1988 to make the Courts derive a) P.D.C. 's obligations as a developer IS OVER power from the legislature and not the ended with the handing over of the Consriru tion. is patltetic and was pre· key~ 10 you for your ponession. Revolution is a process of viously unthinkable. b) In any case P.O.C. ~~ not subject to change. Popular understanding of Besides altering the letlcr of our th~ provisions of the Housing Deve· A the word reveals a radical change. Constilu tion. the Exccu tive branch ha~ lopen (licenling and Control) Act. an immediate change resulting from a found for itself a right and facility to and mass uprising. On the other hand the mlerfere "'ilh the spirit of free justice. c) Wait until $Onteonc. takes a jump (off lndustnaJ Revolution was a blower The Execu rive openly criticizes Ute these fiats). process. nevertheless a true rcvolu Lion. Judiciary and judicial decisioJU. Jet alone I am quite aware tJtat P.O. C. is exempted In our country toDewan Negara. seems to be an Minister's Oflice. At the very least. the recenUy in Melaka and Kedah \\hile avenue for either rewarding or demo­ Prime Minister has paved the \\ay for Trengganu. Kelantan. Negeri Sem bilan ting ~ervants of the ruling party. Our any power-hungry politician who gets and Penang have similar enactment. Senators continue to be just tlut. into his ol'fice to set up a dictatorship. except that tltey do not contain a list of obedient servants. Indeed this is not in the best interest of banned \\ ords. Consequently. the Executive branch the people. The Prime Minister has the It IS extremely regreuable that many of the State has effective control over main responsibility. Bur his cabinet. his sectio n11 of tltese e nactments are framed Parliament. Alas. the warning of aU great legislators and his judges are in no \\ay in such a broad manner as to seriously thinkers from Aristotle to Gandhi. that leu responsible. The people are left help· affect the good relation$hip of the Mu s­ no one branch should usurp po\\er from less in despair. lim community "ith otlter communities another. simply because power corrupt5. in the country. is unheeded in our country. K Jeyaraj There appears to be an ambivalence Although the separation of po\1-ers Negr1 Sembilan on the part of the government regarding should "ork to prevent Ute usurpation the use of Bahasa Malaysia by religious of po\\er by any of the three branches. groups o ther Utan Muslin1 s. The success­ we are always pointing a finger at the ful imp!~mentation of the National Prime Minister's Office. and not to tJte Language Policy \\hich the Chrutian watchdog of that office. Padiament. Federation of Malaysia fully commends simply because we seem to have lost POTENTIAL SUICIDES IN and suppods. makes it incumbent on the faith in our law-making institution - KEDAH ROAD ChriSiian Churches to produce the Holy understandably so. Bible (Alkitab) and other Christian lite· Fortunately. the Constitution had rarure in Babua Malaysia to meet the provided the people with an indepen· n the repou in Times T\\O (North} of religious ne~ds of present and. more dent Judiciary. The existence of l'rce 41h August 1988. lee Keng Fatt particularly. future generations of Malay· courts justifies the practices of demo­ I listed Penang·~ favourite suicide spots sian Christian~ cracy. hence it allows the people's as the Rille R3ngc Flats. the Penang Some of the words and phra~es that tolerance of government. The purpose Bridge and Ute Macallum StTecl Ghaut were prohillited in the recent State enac­ of law. besides allowing people to live Flat~. Another venue to be included in tments have been used by foiJo\\-ers of with one another in harmony. is to the above list would be the P.O.C.-build non-Islamic religion' for cenrurie~ There protect the people from abuses of the flats at Kedah Road although t11e players is therefore no reason why non-Muslims Executive and Legislature \\hich require of the game of death here may belong to in Mal aysia ~hould not use them. Forbid· power to govern. The Constitution serves another ii!Ction of the population. ding their use by non-Muslims citizens to pre~ent the government from abusing The Xedah Road Flats have become a in the free practice of thetr religionb is the po"'er conferred by tlte people. An haunt for drug addicti who. '~hen under not only contrary 10 th e spirit of the independent Judiciary. free from fear. is the hallucinating cffectli of dadah. fre­ National Language Policy but also therefore vital to any country. quently attempt to imitate the powers of co n~titutes a curtailment or Non-Muslim Unable to control the Judiciary as night of Superman on the parapet "alls. right~ as guaranteed by the Constitution. easily as it could the Legislature. our Appeals via telephone to tlte P.D.C. The acrion taken by the said Stares in Executive has Ulied its mastery of Parlia· head office for the installation of iron prohibiting the use of Bahasa Malaysia meot to bring t11e Judiciary under ib grilles along the corridors and stain more in non-Mu.slim religiou5 publications is a

17 G ---

furtller infringement on their conatitu· relatively "innocent" letters can be mls· t11ere real grounds for people's fear? The tiona! righli. Bahasa Malaysia. the eontrued. a certain amount of risk is Korean e"perience sho~.~-s that a dictato­ National Language of the country. attached to writing to you. so even if rial head of state ~ill not be removed belongs to all peoples of Malaysia and is you think what 1 am about to say Is unless huge numbers of people are not the exclutive property of any nonsense and have no intention of prepared to come out into the streetS. State or religion. publishing even part of it. just a short and continue to do so for many mond1s. It is also to be noted that this legWa· letter o( thanks would not come amiss. Islam is not the cause of the remukable tion contravenes the Declaration on the I have a copy of your latest journal quiescence - Pakistan and Bangladesh Elimination of All Forms ot Intolerance which is excellent stuff but as 11 foreigner a.re both Muslim countries but the and Discrimination Bued on Religion or - an Englishman - I should like to opposition there is strong and VIgorous. Belief "hich was the subject of Resolu· comment on the present Malaysian But now here. even the non-Malay races tion . 36/SS adopted without vote on situation. V K Olin's Comment in the are taking no action. November 25. 1981. by the General Star of 24th June 1988 illustrates how I trust that in due course Muslim5 Assembly or the United Nations of much this country is at the mercy of here will see that to connive at usury is which Malaysia is a member. foreign (Western) capitalism. This is against Islam. It must be possible in ReligiotU freedom is an essential being made much worse by the disas· Malaysia to create an independent requirement for the dignity of evezy trous policy of the present Administra· Islamic economy which \\ill lnlance free person and an essential element for tion of encouraging foreign investments enterprise witlt concern for the poor. the peaceful human co-existence. The State in Malaysia. There was a time when the environment. human dignity and spiri· cannot claim authority over a peraon's Malaysian government pursued a policy tual values. religious conviction or arrogate to itself of "Malaysianising" large foreign assets the right to impede the profession of such as Guthries. The idea then was to Ismail religion by any person or community. deliver more and more of the country's Kuala Lumpur Religious freedom is a very important assets into Malaysian. particularly bumi· means of strengthening moral integrity putra hands. Political independence (We did not reply to your earlier and the weU·being of a nation. would then be complemented by eco· letter since we were hoping to carry it. The sad feature of t.his legislation is nomic independence. Surely Mahathir of But then the October 27th episode took all people undcntands that the first is a that it seems to keep a section 'of the place and the Aliran Monthly ~as forced population from being open to the sham without the second. To allow the to give aiJ the space it had to the ISA knowledge of beliefs and practices of economy to be controlled by foreign detentions and the threat or authoritaria· their feiJow Malaysians which is viral to capiral is simply to perpetuate colonial . niam. ·Editor). mutual understanding and respect. exploitation under another name in It is therefore a matter of regret that which rich nations and individualls at a time when ed1nic polarisation is through massive u511ry become ever being generally deplored by all people of richer while the mass of the people. goodwiiJ as bei11g harmful to the har· especially in the Third World. pow mony which is w essential to plural progressively poorer. Here 1.1-e get clued $0Ciety like ours. legislation of this into d•e real truth at the back of the divisive nature is being enacted. The present political set-u p in Malaysia Ouistian Federation of Malaysia has - because only under a strong. repres· always been and will continue to pro­ sivc government can this neo-colonial mote inter-religious and inter-racial exploitation continue. harmony and understanding. Another point concerns press free · dom: the issue is not just '' llether the Persatwm Kristian Malaysia press is free. it is who ow11s the press. In Kuala Lumpur Britain tltc press is free but it is for the most part superficial. one-sided. in· accurate and often downright dishonest. TI1is is because the people who own the press arc plutocrats. hand in glove with the International capitalists. They have therefore a vested interest in keeping the INDEPENJlfNCE AND GUTS people misinformed. Having said all this. ho\\ever. it The sacking of the LP: the whole irst of all let me tcipond to a amaLes me that most of the Malays in incident 'stinks' note in one of your recent issues this country are so docile and submis· F appealing for people to write to sivc. so afraid of voicing opp o~i tion to "Aliran". I do not know why it is you anything the government docs. I attend· }(.41\IGAROO TRIB AL cannot print anonymous letters. but in ed a protest meeting against the O.S.A. any case some 18 months ago I wrote to once in the Hotel Hilton. PJ. and look· hank you f~ l.be uuemely infOr· you. in response to a syndicated article ing around the hall. I could see only two mative and ext~ •-rite-up on you ran about Solzhcnitzn. tO point out Malays present: Ahmad Noor and Tan T the issue of dae lnrd Pre idcnt's the dangers of taking on board certain Sri Ahmad Noordin. We hear abou I removal. It helps to givl' a dearer pers· reactionary views of Sufis and other opposition witJ1in UMNO and disquiet pective of this uru.. ruamte incident in right-wing "anti-modernists" who want a b ••u t at tacks on d1c Judiciary. but when our nation's deYelopmeaL £\en as I to use religion as a means of depriving it comes to a vote in Parliament tlte vast write tlliS. the fate or our lord President ordinary people of rights and freedom majority of Barisan M.P.s troop through seems to have sealed ~-.dl die hft111g of and re-introducing a "feudal'' mediaeval the lobbies in support of Mahathir. tltc interim injunction. social system. 1 did not even receive an Hasn't anyone got any guts? Whom are 11· may be cynic&AD on my part (and acknowledgement of this letter. This is we to believe? Even opposition members I sincerely hope that further develop­ not very encouraging. in view of the or Parliament apologise abjectly for mentS will prove me V.IOC!g) but I can fact that such letters probably remain in actions they ought to be vigorously forsee the findings ol 1M 'Kangaroo your filing cabinets. which could easily defending. Or is t11e si tuation much tribunal' and the ~entual removal or be seized any time by the police. As even worse than we are led to believe - a.re the Lord President ud the o ther

18 Supreme COurt judges. I am not trained is recovering. backed by all kinds cf any teacher who actually taught their in a legal discipLine so I speak only from statistical figures. one is only being very students ho\\ to think when It came to my heart. The whole incident stinks - rational 10 ask: "Are these figures true social and political i5$ues. This should from the reasons given for the suspen· ·or false? Is the aovernment trying to have at least been done in the Kertas Am sions. the composition of the tribunal "justify itself 0\'er the mass ISA deten· and Economics classes. But every time a etc. For any clear·thinklng Malaysian tions and on the control over the m ass student express an opposing view during with a conscience. it is not difficult to media? Are our leaders trying to con:· discussions. he or she is out-voiced and see the underlying motives behind this vince the public that their efforts to clamped down upon by the teacher for issue. '5tabUise the country' in recent months fear of being sacked or transferred to The impotence of the legal process havo paid off and that we are all going to some rural school If the "unpatnonc to redress the wrongs done serves to have a great and bfi&ht future?" Sensible discussion" was reported to the Ministry. highlight the fact that 'Justice is man· yet disturbing questions to ask uen't This kind of fear arises not '~ithout made'. One takes solace in the fact that they? reason. Every time a teacher or lecturer th.ete is indeed a higher Truth and Another related point is that daily we points out to their students !he wrongs. Justice than our man·made laws when are being taught what to think instead of mistakes or weaknesses of the Govern· one comes face-to-face witll one's Maker. how to think thJ"OUgh the government· ment or encourages open debate/discus· or Kamma as Buddhists believe -justice controUed media. Almost every day we "sion on socio-political topics. he or she which is unchanging and uncompro· read and hear of this professor or that does it at the risk of being branded a mising. Here one will not be able to lawyer or this respected person praising tni tor and accused of spreading lies for twist the Truth just because one has and supporting the Barisan Nasional selfish politica.l gain. Teachers and power and authority. government. Surely. these 'lessons' of lecturers like everyone else. especiaUy what to think is not going to 'brainwash' our so--called journalists. must describe Loyal Malaysian the thinking urban professionals. And what is wrong as wrong. what is right as Pu/au Pinang rightly so! These 'reports and news' are right. And when it comes to subjective aimed at the people living in the subur­ and sensitive to~ics IJu~y mus t show all ban and rural areas because they are ·sides of the story wi1J1out any reserva· likelier to be taken in by these daily· lion. Let the people decide after that. publicised one-sided 'facts'. We are not just talking about the basic By no means am I for one moment human right to know and expresJ one­ implying that those citizens living out· self. we are talking about the Cu ture NON-CONFIDENCE side town and cities are stupid or dense. growth and health or our nation. Who TOWARDS THE MASS The truth is that they are just not that know5.. the man whom we gave the MEDIA weU-informed u urbanites. These victims filihing rod to may just one day surprise of misinformation don't get to see what us by being able to catch a whale! he manner in which the Local is actually happening io the political arena. They are not exposed to certain n,e Watchman media has handled the reporting Kuala /.,umpur of major issueli in Malaysia in re­ adverse 'speculations and rumours' tl1at T are sometimes very true about the ruling cent months haJ left much to be desired. Truly. our media people have broken coalition and our leaders. All they have· new ground io journalism in their zeal to are the local papers. RTM and TV3 to please certain government leaders and to misinform them and the occasional ensure their own safety and well·being. visits from their Barisan Nasional There is no need to produce proof of member of Parliament. who gives leng· MF DE A OJl.o\V this accusation as everyone hti !ICCn how thy speeches about how efficient and these 'journalists' have conducted them· holy the government is while handing ugust 31. 1988 ''ill mark the 31st selves in the incidents of the Oct/Nov out some money to improve various new year of Merdeka. The thousands '87 ISA mass detention~ the North· villages and kampungs.. A who scream Merdeka. Merdeka. South Highway Contract with the UEM Most of us should be familiar v.ith Mcrdeka at the s troke of h\elve on the and more receniJy. the suspension and the 5aying: "Give a hungry man a fish 31st August. 1957 are doubting if dismisial of the lord President. Tun and he will come back agaii1 when he is Merdekll has any m eaning at all . for we Salleh Abas. hungry. Give him a fishing rod and teach are being pushed towards Neraka. Have they forgotten that it is the him how to fish and his stomach v..ill be This year in particular has brought journalists' duty and privilege to dig out filled for the r~t of his life and he will tremendous changes In our country. Thl' truth and facts and to presen I them to not bother you anymore." con tinucd recession (now r\.-covering the public as they are? And what when By reaching our people. cspeciaUy slowly). financial scandals. IJ1e convicted they give their views. these should be fair our young. what to think when we arc DTC Kin~. downfall of a major poli tical and sound? Sure. the government has dealing with arbitrary and subjective partv. mass auests under the Internal been putting direct and indirect pressure issues. \\e will bring down our nation Security Act. the crackdown on the on them - that we can understand. But one day. Teachers. Malaysia beseeches l'ress. passing of neW legislation. aW~uJt their level of masochism is really both you. teach our children how to think on the Judiciary. cr~ckdown on Tr.adc shocking and disgusting. It is as if the rather than what to think. lecturers. Unions. eroding righ IS of \\Orkers. government hu aimed a loaded guo at Malaysia implores you. teach our young increase in criminal activities. ~eking of their heads and they themselves gladly how to think soundly and don't brain· the Lord President and suspension of the offer to puU the trigger to blow their wash them with your personal political· five judges (one down five to go) are all brairu out! beliefs and prejudices. well-knoMl. They have done so v.eiJ in laying the Being a student before. I have Ju ~ ticc must be done! Ju ~ tice mul> t 'facts' on the table in the past months. noticed four types or teachers: those seen to he done! We just saw Justice so much so that no thinking person can who really unquestioningly support Lhe done in ... any longer trust and believe what they Barisan Nasional. those who don't Our country is earning more lhi~ read in the papers and hear and see on support it but feel compelled to do so. year and the economy iJ. picking up. the radio and T.V.. excep 1 the news those who don't care about anything and Commodity prices are up and e"pectcd about foreigncounlries. those "ho support the Opposition. to continue strongly next year. wi1J1 For example. when one reads about Coming from one of Kuala Lumpur's manufacturing showing improvements the recent news of our economy. that it best schools. l have never come across from medium-scale and resource-based

19 imaginal)' plan. This il a most unaatiJ.. factory state of af(air! EPSM would like to stress that: 1. No Plan can be complete if it does not deal specifically '.l.ith the role of indigenous people living 'Within the fo restS. The Plan mu~t go beyond economic considera~om. paying more than lip~rvice to envuo nment and conservation of natural resources. including gene pools; 2. Such a Plan must be circulated to rei evan 1 groups including represen· 31 years but the nation remains mostly unresolved. tatives of indigenous tribal people and environmentalists for their commenb; industries. It is not known if this trend is MALAYSIA'S PROPOSED 3. There should be public discussion temporary in view of the uncertain TROPICAL FORESTRY before the Plan is finalised so that political climate. the future of not onJy our forests Today many will be celebrating their ACTION PLAN bu I that of the tribal people is fully 31st birthday. but the happiness and assured and so that there can be excitement with which they arrived in he Environment Protection Socie· very litde ground for inteniarional this world at a historic time is gone for ty Malaysia (EPSM) is pleased criticism. Malaysia is dytng. Today they are adults. T that Malaysia hu started planning We are afraid that if the above some may have dropped out in their its Tropical Forestry Action Plan. We approach is not taken it will be impos· early education. some successful with were natuiaiJy hopeful when '~e \\ere in· sible for EPSM to support the Plan and university degrees and diplomas and vited by the Mininry of Primacy Indus· grave doubts 'Will continue to exist both perhaps some still hanging uou nd job­ tries to participate in a Seminar held locally and internationally about the Jess. over 11·12 July to discuss the topic. But w stainabihty of Malaysian's forest Ho'.l.ever. TIIIRTY ONE more years our repteientative was disappointed to management "ill soon pass by and \\e are stiJJ trying note that no proposed plan \~as tabled. to comfort one another on many un· There were instead general papers from a Gurmit Si11gll resolved issues like racial poluisa tion. rartge of government departmentl des· Presiden t, EPSftf unity.Janguage and loyalty. . cribing what their roles \\OUid be in this Petaling Joya Many who have done good for the country have perished in dignity. some are still waiting for their caJJ but a few. the leftOvers of evil. are still around to destroy what took years to build. It takes decades before a NATlON is built in the course of which many lives may be sacrificed. But it just takes ONE MAN to tear down whatever took years of blood. swear and tears to build. Those who arc not alert to the call of the~c difficult times will only contribute to the destruction of the nation. They will fail in their duty not only as true citizens but as responsible HUMAN BElNGS. For this alone GOD will not forgive tJr em. llle SYMBOL o( democracy we relied on all these years. our Constiru· tion. has been repeatedJy RAPED and mutiliatcd. And we will come to see the '.I.Orst if our fellow countrymen aJIO\\ it. 3 1st August is a great day to cele­ brate. But CELURATING MERDEKA this year means '~e have gone blind because '~e refuse 10 SEE. '.I.e have gone deaf because \\e n•fuse to USTEN. and '~e have gone dumb because we fear to SPEAK. llle bf'St one can do when the bell goes off is 10 observe silence and mourn the de~truction of our rights that have for long been protected by our CONSTJ· TUTtON. Only YOU can make us celebrate MERDEKA. if possible. next yc<~r.

K R Kunobal Selongor The plan must include the well-being of our tribal people.

20 A SINGLE MULTI-~~CIAL PARTY

he present political infighting within the ruling Barisan Nasional T seems to be escalating as time passes by. Ale the BN leaders running out of ideas and strength in solving IJ1eir problenu? The UMNO 46-UMNO Baru conflict. the MCA debt crisis. the MIC squabble. the MCA·GERA.KAN clash of ideologies and other conflicts witllin the BN should be considered blessings in disguise. One of the best way$ to solve these problems is to dissolve EVERY component party of the BN (JT MAY BE GOD'S WrLL THAT UMNO BECAME ILLEGAL!) and register BN as a single MULTI-RACIAL party. from contellting the by-efect:Jon in Johor Since 31st August 1957. the e:High Court. a STRENGTH. WISDOM AND PERSE· When the ISA was abused freely judge sits alone. and presiding over U1e VERANCE. last yea1 and condemned by the wodd coon of fust instance. the judge ~:an at large. e5pecially by the Honourable create law. The Supreme Court is only Muthuramalingam Members of Parllantent from Australia an Appeal Court 311d usually Utey do not Penang and New Zealand. our governmrnt distu.rb the deeiJions of the High Couit ticked them off by telling them not to unless the decision is wrong in law or interfere in our internal affairs. And yet procedure. now our government is trying to do the Fu.rthei. in the Supreme Court the same. Is not that interfering in someone judges sit in a panel of Uuee or live. else's internal aCfairs? So the majority of judicial activism takes Oui leaders are forgetful and absent· place in the High Court. Dr Mahathir IMMIGRANT minded. so it seems. Their altitudes are has not actually promoted Justice Harun DESCENDANTS pretentious and hypocritical To quote a but has removed him and in his place pedbahasa. their attitu~ can be now has a judge who ha.~ a different r Mahathir speaks of the Chinese summed up by the saying attitude. I vehemently protest against and Indian immigrants creating GAJAH DIDEPAN MATA TIDAK Dr Mahathir's continued manipulatior Dproblems for multi·ra.cial Malay· NAMPAK of the Judiciary and urge all Malaysian ~ sia yet iJ he not a descendant of an KUMAN Dl SEBERANG LAUT to uphold and figh 1 for the l.ndepen· immigrant Indian Muslim? What does he KELIHATAN dence of U1e Judiciary. intend to accomplish? All other political parties should 'heed Khor Keat Seng Samuel tl•e advice of Bapa Malaysia and refrain Pulau Pinang Negeri Sembilan

21 Judiciary in Crisis AMAN WRONGED Tun Salleh's Side o the Story

"Looking at the (Tribunal's) report now, I do not have any doubt that my decision not to participate in the proceedings was right ... " TUN SALLER ABAS said in the conclusion of his reply ro the Tribunal's report. His clarifications point to a shocking scenario of injustice. ~isted facts and perverted actors mouthing dubious "evidence" -in other words, a kangaroo court!

22 had. m a preliminary statement issued on the I Oth of August dealt generally with the Tribu· nal's Report and commented in some detail on the Tribunal's Ifindings on one of the charges against me, namely. Allegation 4 (page 44 to page 46 of the Report). J have now read the fuU Report and am in a position to comment on the other aspects of the Report. The firs t obvious observation to THE ~~!ANAL ~0f\D) make must be on the most unsatis· TUN S~L.L.eH factory procedure which the Tribu· In the field of Administrative otherwise. nal bad devised for its proceedings. Law, any enquiry conducted accor· Bearing in mind the serious conse· ding to such a vagu·e procedure of On Allegation J quences of the Tribunal's findings hearing (which, in fact, provided (in this case, resulting in my being for hardly any procedure at all) The generaJ charge was that I removed from the office of the would be held to be bad in law. Y~t "made several statements (in a Lord President of Malaysia), the the Tri bunal decided to proceed speech I delivered at the University Rules of Procedure contained only with its hearings in spite of my of Malaya on the lst of August, nine paragraphs. the prOVISions rele solicitors' request and of my Coun­ 1987, when I was conferred the vant to the actual hearing being sel's oral statement made before the Honorary Degree of Doctor of those of panlgraph 7 which states Tribunal on the 30th day of June, Letters) criticising the Government, "The proceedings of the Tribun 1988. In Chapter 7 of the Report, which displayed prejudice and bias nal i~ not a trial but an enquir} the Tribunal seems to suggest that against the Government, and these on the refercnce. The T ribUJlal since the Tribunal, unlike a Com· statements are incompatible with shall not apply the r.tnct mles of mission of Enquiry , was not my position a~ Lord President of evidence as conta1ned in the provided with a set of procedure, the Supreme Court." tvidence Ordinance." the Rules of Procedure it devised My speech dealt with the pro­ ·n,is. by an} standard, was quite was adequate because the TribunaJ blems of dishonesty in the country. unacceptable as a procedtne. The ''did not. in drafting the Rules of It 1s public knowledge that coopera­ rules of procedure p1escribcd fo1 Procedure, decide on a series of tives and banks were losing money. the disciplining of Govetnmcnt hard and fast rules to regulate the In that speech I had suggested two officers and of University staff and enquuy. but instead. having regard strategies as a long-term solution even emplo}ees of the pnvate to the rcquilements of natural to the lack of honesty. The first secto1 provlliC fot more than that. justice endeavoured to formulate was to inculcate in our youths the It was for thts reason tha~ my general and broad priuciples which spirit of honesty and moral educa­ \ohcitors had requested that the would, in all the chcumstancel>. be tion , the secoud to apply legaJ Rules be rcv1sed b}' the Tnbunal m fair'' With respect to all the mem· sancllons which were already avaJJ. order to ensure a hearing a~:cording bers of the Tribunal, fairness , in able in our legal system. This would to a p,ene1ally accepted and fai r relation to any tribunal (be it a entail the revamping and upgrading procedur~. In their letter or 23rd Court or otherwise) can only be of the law enforcement agency by June my solicitors said - ensured by a fair procedure: the providing more manpower and "Airhough tlr~ Tribunal is not suggestion of the Tribunal that the training. In this connection l required to conduct its procee­ procedure was deliberately made expressed regret that since Merdeka dings in the 11101111er of a Court vague in order to adhere to and (nol just since the present Prime trial, its procedure must never· comply with the requirements of Minister's tenure) the Courts' need rheless prol'idt for much more natural justice is absurd to say the had been given the lowest priority than that found in paragraph (7) least. No doubt to justify its for the purpose or budget alloca­ of the Rules. Tlrat paragraph tlndings in the face of the absence tion. In support of the view I held does 110t gh•e a11 indication o.f of a generally acceptable procedure that the Courts should be provided the manner 111 which the hearing the Tribunal states by way of a with a better budget allocation, I will be cc>nclltcted. Matrers such preface (at page 36) that it had stressed the important role the as the ~ummvning of witnesses '·endeavoured to follow the wcJI. Courts played in the community and tlteir examination and the known principles applied and for ensuring the maintenance of presentation of el'idence have followed in such matters and also in stability and emphasised that there not been prol'ided for. " regard to the burden of proof and could be no proper administration This leller has not been included standard of proof by similar tribu­ of government without an inde­ by the Tribunal as one of its nals in other jurisdictions". A care­ pendent judiciary funded sufficient· Annexures to the Report. ful study of the Report wiJI show ly and properly.

23 into it, that he had explained to deka the courts have been us the procedure for obtaining plac~d under a social service TME STATEMENT the requisite lice.nee, that I had category to receive budget not exerted any pressure on allocations every year. Due to OF TMr /\TTORNEY him with respect to my son's their placement in this cate­ application for a licence which gory, the courts have been -Gfnrf\AL IS was not submitted until some given the lowest priority. The 6~ months after the ~cond concept of placing the couf!s meeting, and that all applica­ under this social service cate­ tions for licences would always gory is very unreasonable and rALSl. be considered in accordance out of place. The couns are with whatever rules, procedures not like the Ministry of Health, and regulations were applicable. MinistFy of Welfare Services, In fact, I had seen Encik Ministry of Sports and Ministry Shahrom bin Hj. Abdul Majid of Education." TuN SALLEH only once. The· appointment In accepting the evidence of (fixed for the 3rd of September, this witness, that the Ministry of 1987) was cancelled due to his Justice and the Courts do not These statements, flowing from having to attend an important fall under the Social Category, general concepts, are axiomatic, matter on that day. Indeed, the Tribunal failed to appreciate and any first year student of law Encik Shahrom had honest­ that my reference to ··social ser­ will be familiar with them. My ly stated in his evidence that the vice category" was by way of making them was wholly compati­ two occasions had been .. pro­ comparison. It is a fact that ble with my position as a judge and bably on 3/9/87, the first since Merdeka the Couns had as Lord President. occasion and probably on not been given a high priority But the Tribunal found against L3 / 10/87, the second occasion". status in relation w budget me on this Allegation, its frnding, In calling this witness, the allocations. Until a fev. years according to the Report, being_ Attorney- General informed the ago, the High Coum m Kuala further supported by the evidence Tribunal that the gist of the evi­ Lumpur and the Supreme Court of two witnesses:- dence to be adduced was that I were housed not in the present had brought my son to see the a. One of these was the Director­ Supreme Court Buildmg but in witness "asking for the licence the building across the nver. General of Fisheries who was to be issued to (my) son" (page That the Supreme Coun was called in relation to a passage in 20, Vo. 4). The statement of the able to have the present building my speech, which said - Attorney-Genera) is false. This was due largely to the Selangor "All hough most of the officers witness did not say that 1 had State Secretariat and the other 111 the public service are trust­ asked for a licence to be issued Government Departments worthy, there are times they to my son or that I had put (formerly using a large part of were round to be not so effi· any pressure upon him to issue the Sultan Abu Samad Buildmg), cient and adequate. This hap­ one: in fact, his evidence is that moving out into their own pens when an officer faces my son's application was still offices at Shah Alam and else­ challenges as to whether to under consideration. where. Prior to that. plans for approve or not to approve It is difficult •n fathom how the building of a Hall of Justice an application in connection the evidence of this witness had to be shelved a number of with any plan or scheme, made could be said to support the times due to funds being in the name of someone who is Tribunal's frnding against me required for more imponant prestigious and of high stand­ on Allegation 1. projects: on the last occasion ing. As there is no moral b. The other witness was the drawings for the Hall of Justice courage even though he under­ Deputy Director of Budget, the had almost been firnlise c! . stands by his conscience that main thrust of whose evidence The Tribunal seems to have the application should not be was that the Ministry of Justice missed the point of the C\idence approved, all rules of law are and the Courts did not come of this witness, wh.i..--b was. that put aside and the approval is under the classification of Social the Ministry of Education. the given, resulting in harm to the Category in relation to budget Ministry of Health. the Mmistry rights of others." allocation and the Courts had of Information, the Ministry of This witness testified that T not been treated in any way Housing, the Ministry of Youth, bad on two occasions accom­ more unfavourably compared to Sports and Culture wd the panied my son to see him to other Ministries. This was evi­ Ministry of Social \\ehre (all '"enquire about the development dently in rebuttal of what I had placed under the -·~ Cate­ of deep sea fishing" because my said in my speech that gory") were considered more son was interested to venture unfortunately since Mer- important than the Ministry of

24 Justice. It is ironical that Tan Sri being upheld by the Supreme Abdul Hamid bin Omar himself, Cour!), the High Court judge's no doubt unwittingly, echoed Tnt. V~RS ?,1- remark that tl1e Prime Minister my very argument in this ques­ was confused over the c;oncept tion he put to the witness a WA~~ OJPY-". of tile separa !ion of powers (and "Tun Sri Abdul llamid bin vitvt Ya the need for an iudependent Omat: So 1[ Justice Mitlistry w-we ~ r ft(t.(, judiciary) within the democratic is put under Social Category, ac.tP{ p{e~"'fvl.~ . system received wide publicity then ir should be berrer?" in the press, with the STAR That was 1he point of my T\4N SA&-1-. H newspaper carrying it in its issue speech. The Courts were not The speech was made in of 29/11/86 under the heading accorded as high a priority as defence of the judiciary against "Mahathir's Dilemma". these other Ministries, for the the Prime Minister's constant On the 5lh of September, purpose of budget allocations. attacks since November, 1986. 1987, Justice llarun, in an The evidence adduced of this rhe last of which was made in address delivered to Jaw students witness was very superficial. The the Dewan Rakyat when he at a Seminar at the' Univcrsiti fact that large allocations moved the Printing Presses Keba11gsaart, suggested that the have been given to the Social (Amendment) Bill. The remarks system of appointing Senators Category Ministries during the he made against a r>umber of should be replaced witll an last few years is not relevant to judges then were both vitu­ electoral system. On the fol­ the mauer in issue. I do not see perative and derogatory. The lowing day the Prime Minister, any of the two Malayan Chief fact that he made those remarks in a speech he delivered in Kuan· Justices on lhe Tribunal denying at all , without the requisite tan, accused certain judges of the truthfulness of my state­ notice under Article 127 of the voicing therr views on political ment: they, rather than the Federal CoJlStitution (which pro­ issues outside the cotu-t room witness, would have had a better hibits discussion of the conduct and therefore of interlcrmg with knowledge of what funds the of a Judge except on a sub­ politics. He said that '·judges Courts required and were or stantive motion of which notice were no longer adhering to Lheir were not made available. Why has been given by not less than rightful role of administering did they not deny what I said? one quarter of the total number justice in a democratic system but had instead encroached on rt is, of course, regretable that of members of that House), was itself most improper: the Spea­ the roles reserved for the other the Tribunal had chosen to focus brar10hes of government" and altention on specific passages in my ker of the Dewan Rakyat, Tan Sri Mohamed Zahir bin Ismail that the "judiciary should be speech and, in so doing, had over· (who was also a member of the neutral in politics because looked completely the principles of Tribunal) ..apparently allowed it people who disagreed with the law which require the whole to be political v1ews of these ,judges considered in order to determine The Strain in the relationship would have little faith in them if intention. Had established princi­ between the Executive and the Judiciary started in J 986 after they were to go before them to ples been obserVed, the Tribunal seck justice". The next day. he would not have taken those pass­ thr Supreme Court decided the made another speech saying that ages in isolation and out of case of John Berthelsen v Direc­ context. tor of Immigration & Ors (Civil it was ''up to the head of the Appeal No. 403/86), where it judiciary to admonish judges On Allega tion 2 held the revocation of the work who made public their political permit of a foreign journalist views''. Not wishing to aggra­ This Allegation contains a invalid on· the ground that he vate the situation, 1 declined to general charge and four specific had not been given an opportu· make ary comment to the charges, all arising out of a speech I newspapers on the Prime Minis­ gave at the Shangri-La Hotel at the nity to be heard. lt was soon after ter's statement, expressing the launching of the book "Malaysian this that the public attacks view that the "best thing to do Law" and "Law, Justice and the against the Judiciary began.• In an interview with TIME maga­ was to keep quiet and let the Judiciary: Tiansnational Trends", on the 12th of January;l988. · zine the Prime Minister express­ matter rest" (New Straits Times ed his displeasure with the issue of I 1/9/87). I felt that the a. The general charge is that I Court's decision. His remarks as matter was best treated as a "made' several statements dis­ published in TIME magazine domestic issue to be settled crediting the Government and (issue of 86) led to his being between me and the judge thereby sought to undermine cited for contempt of court at concerned. public confidence in the Govern­ the-instance of the Leader of the But the matter was not to ment's administration of this Opposition; and although the rest. The judiciary was not to be country in accordance with application was djsmissed (the left alone. TI1e events that law". judgment of Mr. Justice Harun followed are too well reported

25 mauung speci11c charge 2 (iv) must be considered on its own: it does-not and cannot form part of Allegation 3 as the Tribunal has seems to have found in its Report (page 37, Vol. 1). "T\4H MJ.I./IH This specific charge was said to need repeating. Reference to functions of Judges created by the following publications will to have arisen out of that part these attacks of the .Prime Minis· of my speech, where 1 said - indicate the nature and extent of ter that I had made the speech. the attacks levelled at the I would have failed in my duty "Law and the Constitution, Judiciary- as Lord President had I not however perfect these could be The New Straits Times (issue acted as I did. written in any language, can of 3/10/87) under heading I had hoped by the speech to never be divorced from the "Government Will Ensure Sepa· prevent the situation from need of interpretation. Even if ration-ofPowers, Says P.M." . becoming worse. In the con· all the laws are codified, as The New Straits Times (issue cluding part of the speech, I had have happened in civilian coun· of 4/ 12/87) under heading "En· said - tries, interpretation of the cold suring The Right To Govern". words of codified Ia\\ becomes Malayan Business Magazine "T make these remarks not in a matter of paramount impor· (issue of 1/1/ 88). the spirit of confrontation, but tance in order to breathe life as a clarification in the hope One need only to read the into them for the need of that whatever has been adjudication of rhe moment... Prime Minister's comments misunderstood will be clarified No better illustratiOn can be reported in the publications and passed over. [ have mentioned above to appreciate found with regard to inter­ remained silent far too long pretation as part and parcel of the contumelious nature of the bf and in view of some the the law U1an the Islamic legal attacks levelled at the Judiciary. criticisms intended against l!S, Jt is quite inexplicable that system. This system consists J feel 1 owe a duty to the mostly of the Qurru1 and these speeches of the Prime public to make this clarifica­ Hadith ... The interpretation of Minister attacking the Judiciary, tion. I find no better occasion these two sources of law is which were known to the Chair· on -which to make this state­ mw of the Tribunal, Tan Sri done according to the esta­ ment than at this historic blished and accepted methodo­ Abdul Hamid bin Haji Omar, ceremony of launching the logy ...... Th erefore no legal were not referred to at all or book "Law, Justice and the considered by the Tribunal. Jn system can ever escape from Judiciary: Transnational Tre· the .need for imeo-prctation, be tltis respect, the Attorney-Gene· nds' ' which itself deals with ral too seems to have failed to it a divine legal iYstem or a the role of the court and the secular system. For lhe law is a discharge his duty as laid down law in developing societies." by the very procedure devised concept clothed m language. lt by the tribunal, namely, to The clarification did not, cannot be seen but perceJved "assist the Tribunal in the however, have the resull through intellectual efforts and enquiry": it was his duty to act intended. The attack was con­ experience.·· ·fairly in the enquiry- He was tinued in a speech made in The charge agamst me was aware of these speeches (they Parliament wJ1en the Prime Mi· ' that I advocated the acceptance were referred to in the affidavit nister moved a Bill to amend of Tslamic legal system not only filed in support of my Prohibi· Article 121 of the Federal in the interpretation of the Civil tion application, which was Constitution, the object of dis­ Law of Malaysia but m Its gene­ served on him), and he ought to pleasure then being the judges' ral application I was also have brought them to the Tribu­ power of _judicial review and accused of attempting :o restate nal's attention. The scurrilous their role as interpreters o( the t11e law general]} along Islamic nature of the attacks on the law and the Constitution. His legal principles. ignoring the Judiciary must surely be very remarks (reported in the New character of Malaysian society as relevant for determining whether Straits Times issue of 18/3/88 o ne which is multi-religious and under the heading, "Why or not 1 had overstepped my multi-racial \\;th deep cultural bounds as the holder of the Changes Are Needed") were also differences. M> statemem was office of Lord President Malay­ not brought to the attention of said to vi olate established prin· sia in making the speech on the the Tribunal or considered by it. ciples of judtctal interpretation 12th of January, 1988. lt was b. Of the 4 specific charges under widely accepted in the courts in after all in defence of the Allegation 2, alJ except one Malaysia and in the Common­ Judiciary and the J udges, and to would have been dealt with by wealth. clear misconceptions of the my comments above. The re- Whoever thought up U1is

26 charge had not quite understood an application received from the on the charge and which Jed to the the plain meaning of what I had Appellant's solicitors, Messrs Shan Tribunal's astonishing finding - said. My thesis in that speech is & Gooi, dated 23rd July, 1987 'Tan Sri Dato' Abdul Hamid bin that interpretation is part and (at Vol. 4), which states - Haji Omar: parcel of the law. I quoted " .... sukacita sekiranya perbicara­ Order of sine die would mean Islamic law merely to show as an an rayuan tersebut dapat ditang­ that il is just lying there without example that even such a divine gohkan kapada suatu tarikh kelak coming up for a final order. So law requires to be interpreted. sebab kaml ingin membuat suatu this is some1hing out o[ the What more, a secular law. This permohonan bagi leave di bawah ordinary. subject was incorporated in my sek. 68 {2) Courts of Judicature speech as a result of public Encik Haidar bin Mohd Noor: Act, 1964''. This is the first time I came statements made by the Prime There can be no doubt that the Minister questioning the role of across an order like that. Appellant, by 1his letter, was ap­ judges as interpreters of the law. plying for the hearing to be Mr. Chief Justice K.A.P. Rona· I To impute to what said the adjourned sine die .because the singhe: meaning set out in the charge is appeal could not be proceeded with What is the effect of the sine die quite mischievous, and for the until the leave under s.68{2) had order? Tribunal to believe that that was been obtained. ln an instance such Encik 1/aidar bin Mohd Noor: what was meant or intended was as this, where it would not be pos­ It will be shelved indefinitely. quite irresponsible. sible to know yet when the leave As for my view on the appli­ Mr. Justice T.S. Sinathuray: would be obtained, it is normal to From vour experience, wlla! cation of Islamic law in our legal adjourn the hearing without fixing I happens if a matter is adjourned system, had, in delivering the a definite date (that is, the hearing judgment of the Supreme Court sine die, is it kept aside until is adjourned "sine die" or inde­ such time one or the other in the case of Che Omar @' Che fmitely): any of the parties would Soh v P.P. (1988) 2 MU 55, party writes in and requests for then be at liberty to apply to the il to be restored? expressly stated that, until Par­ Court to have a date fixed for liament legislated to the con­ hearing or disposal. The Courts hru:ik flaidar bin Mohd Noor: trary, the Courts were bound to grant such an adjournments fre­ Yes. apply the law as they existed. quently, especially if the request is Tan Sri Ahu 'f'alib Othman: The Attorney-General who, in made by the Appellant. Tan Sri Until to this date, the file his capacity as the Public Prose­ Abdul Hamid bin Omar, as the remains as il is with the note cutor, was a party to this case, Chief Justice, must surely be from rhe l.ord Presidem 'ad· would have been very familiar familiar with this. joumed sine die" with this decision and should That the Tribunal could fmd any J:"ncik 1/aidar bin Mohd Noor: have drawn the attention of the substance at all in this charge is Tribunal thereto. In not doing y E'S. We informed 1he counsel on most extraordinary. 31.7.87 accordingly !hat this so the Attorney-General had A perusal or the Notes of no't acted fairJy and was again case had been taken off and will Evidence (page 45, Vol. 4) shows be fixed at a larer dare. sadly wanting in Ute discharge the approach which rhe Tribunal, of his duty to "assist the Tribu­ the Attorney-General and the wit­ From tile /euer by the Senior naJ in the enquiry''. ness {the Chief Regis! rar, Encik Assistant Registrar it stales that Haidar bin Mohd Noor) had taken "to a dare to he informed later·: Allega tion 3 The Ieifer does not say "adjour­ This Allegation concerned an ned sine die" appeal which I had adjourned sine die. A child had changed her The Senim Assistant Registra1 , re ligion to Islam. The parent, al­ for one. knew what was meant by leging that he had not conse~tcd to "sine die". In the light or th(: the conversion, had apphcd by evidence of Encik Haidar that Originating Summons to the High "matters pertaining to Supremt.: Court at Kota Bahru for a number Court appeals would non• ·~· be of declarations. The application was handled by the Senior As. mt dismissed by the Court after a Registrar", and that he _ him ~c l.f hearing in Chambers. was not quite sure of the facts, 11 IS On the documents placed surprising that the Senior As~~stant before the Tribunal. it seems very Registrar was not called as a WJtness clear that my decision to adjourn to explain the purport of an ad­ sine die the hearing of the appeal journment "sine die" (which had been fixed for the 3rd It is also surprising that the of August. J 988) was as a result or granting ol the adjournment was

27 regarded and treated by the Tribu- Agong Look exception to my . nat as the making of some formal letter of the 26th of March. Order of Court and thereby caused Considering the importance of itself to suffer from a serious this charge (which was said misconception. No formal Order of Lo have started the whole Court need be made when granting process against me), the Tri­ an adjournment. The gran ling of an bunal's apparent oversight is adjournment is an administrative glaring. instruction which may be varied at. any time on the application of the {b) Allhough it was the Yang di­ parties or at the instance of the Pertuan Agong who took judge granting the adjournment. exception to the letter I sent (a) that U1e application for ad­ At page 44 of Vol. 4, the Attor­ on the 26th of March, the journment was made by the ney-General disclosed the real Report did not have, by way of appellant himself {through his motive for bringing this charge annexure, a copy of that letter. solicitors); against me, when he said- Instead what- was included (b) that the other parties to the (in Vol. 5) was a copy of a "This case has the impact on the appeal did not object to the letter of identical content society of this country becttuse appellant's request for the also dated 26th March, 1988, our country is multi-religious adjournment; signed by me and addressed and multi-racial. We usc this to His Highness the Sultan of case in view of the views ex­ (c) that it had been the practice of Pahang. How this letter was pressed by the Lord President the Supreme Court to grant relevant to this Allegation and in his speech. Not only the adjournments requested for by how the copy of it came into Courts but the executive and the any party for good reasons, the possession of the Attorney­ legislature should be bound by without the matter having to General (who framed the the Islamic law." be called up on the hearing charges) was not explained to, date; How was this relevant to ABe­ nor gone into or considered by, galion 3? Nevertheless what he said (d) that the Chief Registrar, in the Tribunal. There was no seems to have in tluenced the answer to Mr. J ustice T.S. hint whatsoever of His High· Tribunal into dealing with this Sinathuray, agreed that I he ness the Sultan of Pahang AUegation and Allegation 2 (iv) matter was kept aside .. until having complained on the together (page 37. Vol. 1). The such time one or the other letter sent to him. Tribunal, in its conclusion, states party writes in and requests (at page 43, Vol. I) - for it to be restored": Allegatio n 5 ''The effect of this order was (e) U1a! since the adjournment, Til is Allegation states that l had, that the appellant could not neither the Appellant nor any subsequent to my suspension, made proceed with his appeal, and of the other parlies had written various statements which contained therefore was unable to obtain in for the appeal to be untruths and which were calculated tile relief he sought. It is clear restored. to politicise Ute issue between the from the evidence of rhe Chief Government and myself and to fur­ To say of the Tribunal's finding Registrar that the respondent ther discredit the Government. had in this instance departed on this charge that it was unfair is The principal charge against me from the usual practice. lt was to understate the callousness of the was that I had made public a state­ contended by the Attorney­ attitude taken by its members. The ment to the effect that. at my General that such discriminatory finding is clearly perverse. meeting with the Prime Minister on treatment meted out to the the :!5th of May, he had said that applicant by the respondent had Allegation 4 another reason for steps being I have dealt with this Allegation been deliberately done for exua­ taken to remove me f'rom the office ncous considerations. Whatever in some detail in the Preliminary of Lord President was that I had may have been the ground for Statement I issued on the I Oth of' expressed partiality in the UMNO su <'h act, it is clear that it is not August aJld wish now LO add only cases. It was alleged that such a ! arising from mistake or the following- statement was never made by the ~ "' of judgment and stands (a) The Tribunal seems to have Prime Minister. unexplained before us." omitted to deal specifically TtUI Sri Sallehuddin Mohamed. This finding of the Tribunal is with charge (iii). This charge the Chief Secretary, who was capnc10us and judicially out­ re lates to the allegation made present at the meeting of the 25th, rageous. In coming to that llnding. in the Press Statement Issued and who took notes of what was tile Tribunal disregarded all the by the Prime Minister's Depart­ 'laid, was called as a wit ness to give evidence before it: the Tribunal ment on the 31st or May, evidence: and his testimony in rela­ deliberately ignored - 1988, that the Yang di-Pcrtuan tion to this issue is as foUows-

28 Tan Sri Abu Talib Othman: <;an you pleast tell the Tribunal whtther or not the Prime Min is­ ter said that this action was taken because o[ the fact thor he is biased in respect of UMNO cases then pending in court? Tan Sri Sallehuddin Mohammed: Tan Sri Sa/lehuddin Mohammed: of the inconclusive reply, why did I do not recall what the Prime I cannot recall. the Chairman stop short of asking Minister said, that UMNO cases Tan Sri Mohamed Zahir Ismail: for the notebook to be produced as is the reason [or the Agong Did you cake any note? an exhibit for reference. It does not asking the Lord Presidelll to require any expert legal knowledge Tan Sri Sallehuddin Mohammed: relinquish his post. to know that the notebook wouJd Yes, I took note. I had a note Tan Sri Abu Tafib Othman: be material to corroborate or book and 1 jotted down as they That is about all that would be disprove what the witness said . were speaking. necessary for that charges. Where the proceedings take on the Unless Your Lordships have any Tan Sri Mohamed Zahir Jsmail: nature of an enquiry, as here, it questions. hz your note book was there any would be the duty of the Tribun;ll mention about UMNO cases? to itself get at the truth of the Tan Sri Dato' Abdul Hamid Tan Sri Sal/ehuddin Mohammed: matter. In this regard, too, the bin Hj. Omar: No. My note book only Attorney-General's superficial ques­ Assuming that Thn Salleh had mentions two things. That Lord tioning of this witness contradicts claimed that there are some Prtsident wrote the letter to the the assumed role he was given by other things he should have Agong and sp~eches made the Tribunal's Rules of Procedure: bten told, but were not told, against Government interesr. there was, on his part, no attempt would you tell us how long did These ure in my note book. I at aU to ascertain the truth. he really stay there? How cannot recall him saying any­ To make a finding against me on long did he stay there, or the thillgabout UMNO. the evidence of this witness (that he Primt Minister asked him to go? could not recaU whether the UMNO Tan Sri Dato' Abdul Hamid bin Tan Sri Sallehuddin Mohammed: cases mere mentioned at the Hj. Omar: The Prime Minister did not ask meeting) is irrationaJ: no reasonable Have you got the note book? him to go. It was roughly 5 to tribunal would or could have come 6 minutes. I recall it was quite a Tan Sri Sallehuddin Mohammed· to such a finding on such evidence. short meeting. Yes. 11 is a matter of reco rd that, on the 27th of May, J 988 (the day l Tan Sri Dato' Abdul Hamid T011 Sri Dato ' Hamid bin Hj. bin Hj. Omar: Omar: received the letter of suspension), Why was that? I think that would be all. Tan Sri Abdul Hamid bin Omar, in his capacity of Acting Lord Presi­ Tan Sri Sallehuddin Mohammed: The questioning of the above dent, adjourned to a date to be Thn Salleh said that he cannot witness, in particular, shows the fiXed the UMNO appeal (which I accede to the request of the assurances previously given that the had a few days earlier fixed for Agong. He said it is up to the Tribunal would act fairly. to be hearing for the 13th of June before Prime Minister to do. 111e11 lre hollow. Why was it that this wit­ a full Bench of nine Supreme Court left. That is about the gist ofall . ness who was there to take notes judges). It is also a matter of public Tan Sri Dato' Abdul Hamid bin of ~hat transpired at the meeting record that that appeaJ was subse­ Hj. Omar: of the 25th of May, could not quently fiXed by Tan Sri Abdul You mean he just stood up and answer positively to the question as Hamid for hearing for the 8th of left. to whether or not Ute matter of the August but before a panel of only UMNO cases was mentioned: his five judges, made up of three Tan Sri Sallehuddin Mohammed: answer that he "cannot recall'" (said Supreme Court judges (himself, Tan Yes. he said there is nothing on three occasions) is most evasJVC. Sri Hashim bin Yeop Abdullah more for us to discuss. He said Since his evidence was that he had Sani and Tan Sri Lee Hun Hoe) and he has got job to do and he jotted down notes ··as they (the two lligh Court j udge ~ nominated stood up and shook hands with Prime Minster and I) ·were spea­ to sit in tJ1e Supreme Court by Tan the Prime Minister, Deputy king" and that his notebook made Sri Abdul Hamid. My suspension Prime Minister and myself and no ··mention about the UMNO following so closely from my left. cases", why did he not make a decision to fix the hearing of the Tan Sri Mohamed Zalzir Ismail: straightforward denial. I-Us repeated UMl'-0 appeal and the even more Nothing was mentioned about statements that he could not recall prompt action to adjourn the the UMNOcases? needed to be explained. In the light heanng (taken almost simultaneous-

29 ly following upon the service on me March, 1988 (where he was response stating essentially that the ·· of the letter of suspension), show present) and which led to the representations were in the docu­ • the importance of the UMNO letter dated the 26th of March ments containing the Charges. As· appeal in this affair. being sent to the Yang diPertuan tonishingly, copies of what pur­ One fact stands out from the Agong and the Rulers. ported to be the representations Report. The Tribunal's objective by On the Allegations against me, were given to my so!Jcitors in Court the "enquiry" seemed to have the Tribunal did not seem to have only on the 4th of July, when they been to look for proof of my addressed its mind at aU to the were tendered to the Court, and "guilt'' on the charges framed disclosure made by the Statement even then not verified by any lJ against me. Instances of bias on the issued by the Prime Minister's affidavit or authenticated in any part of the Chairman have been Department dated 31st of May, form. shown from the way questions were 1988, that it was the Yang di­ From the onset I had reserva­ asked of witnesses. His suggestion Pertuan Agong who initially wanted tions on the object of rhe Tribunal to the Chief Registrar that the me removed. There was no mention and the integrity of its proceedings. granting of the order of adjourn­ in that Statement of the other I had objected to both its com­ ment sine die was "something out representations said to have been position and its procedure but my of the ordinary" and his stopping made by the Prime Minister to objections were to no avail. My short of calling for the production the Yang di-Pertuan Agong on the application for an adjournment for of the notebook from Tan Sri 25th of May. That there were such good cause was also rejected. All Sallehuddin were most revealing. In representations made by the Prime these led me to conclude that the many instances, he allowed infe­ Minister were disclosed in the Tribunal was not going to act rences and assumptions to be drawn Charges which were served on me fairly. Looking at the Report now, from facts which he personally on the 17th of June; but my I do not have any doubt that my knew were incorrect: he did not solicitors' request to be furnished decision not to panicipate in the inform the Tribunal of the cir­ with a copy of those representa­ proceedings was right, no matter cumstaJlccs wltich led to the tions (made by their letter dated what the Tribunal members may Judges' meeting of t11e 25th of the 21st of June) met with the now suggest. e

• I o n

sia's Supreme Court stood high in by Salleh Abbas. quashed the GEOFFREY ROBERTSON , international repute. Its Lord deportation order~ . hs JUdgement, QC, just back from President, Tun Salleh Abbas, was written by .\bdoolcader. has ... Malaysia, describes the respected for his intt!grity. while at become a leading p1ecedem on the Governmenl's bid to least one of tis judges. Mr Justice right to due proc~ and protection crush the judiciary Abdoolcader, had as formidable a from government abuse of power. as five judges face legal mind as could be found in any This JUdgement v.as the first of •• a secret trial. court in the Commonwealth. several decisions in favour of the Although final appeal to the Privy liberty of the subject 10 provoke OMORROW the live Council in London had been the Prime Minister into making ·y · most distinguished abolished, Utigants could be rea­ vicious and unjustified public , judges of Malaysia's sonably certain of a fair hearing ullacks on the judges. These highest court will stand in mailers involving the Govern­ reached $uch a pttch that last March trial in Kuala I umpur ment's vested interests. SaUeh Abbas. at the urgmg of his in secret for doing justice against Thus when Prime Minister fcllo,., 1udges m Kuala Lumpur, the interests of the Government. Mahathir Mohamad expelled two wrote a dignified pmate letter to This is the latest development in journalists from the Asian Wall King Mahmood expressing. sorrow the appalling destmction of the Street Journal on bogus grounds at the Prime \tuustcr·s ·accusations judiciary's independeucc by a Prime of ·national security' (they had, and commems· \\hkh \\ere shaming

( Minister prepared to sacrifice the in fact. exposed the dubious fin:~n­ to them bu I to v.llkh they would rule or law for political advantage. cial dealings of a Cabinet Minister) not reply. gtven rheir constitutional Until a few months ago, Malay- the Supreme Court, presided over position. •

30 that it would complete its delibera­ tions within a few days. Salleh Abbas sought to stop it, ·on the grounds that it was improperly constituted and procedurally un­ fair. His case was heard by a single judge on a f'riday and adjourned to the Saturday morning, when it was adjourned again. f'earing that the tribunal would present its report before the hearing to stop it resuming on the Monday, Abbas's lawyers appealed to the Supreme Court, whose five. senior judges (including Abdoolcader) convened on the Saturday after­ noon and issued an injunction against the tribunal. By this time, of course, Hamid was acting Lord President as well as tribunal chairman and ftrst defendant in the action. He used hls new powers in a desperate attempt to stop the Supreme Court judges from hearing the case to which he was a party. He ordered court staff to lock the court doors and stay away, and forbade the Registrar from placing the Court's seal on the injunction. The five Supreme Court judges refused to· be Salleh Abbas: Fired for integrity. intimidated, and their senior mem­ ber himself sealed the order. Salleh Abbas, with complete Hamid then rushed to Mahathir, propriety, listed the case, 'the and had the five judges suspended Umno appeal', for hearing before for 'gross misbehaviour'. A rump aU nine Supreme Court judges. A court was hastily convened to few days later Mahathir informed discharge the injunction, Hamid's him that he was suspended from tribunal issued its report recom­ office and would be tried by a mending the dismissal of Salleh tribunal for 'misbehaviour' in Abbas, and the Government sending a letter which had dis­ announced that another tribunal pleased the King. would be set up to investigate Salleh Abbas asked for a tribunal the 'misconduct' of the five judges. which would hear his case in public The tribunal's report recom­ and be comprised of people of mending the sacking of Salleh equal standing to his own. Neither Abbas is among the most despicable request was granted. The tribunal documents in modern legal history. The PM: Vitriolic attacks. sat in secret and the Government 1t records no evidence of corrup­ appointed several lesser judges as its tion or incompetence, or any Nothing came of this for more members.· Its chairman was Maha­ conduct marking a judge as unfit than two months, m1til a case of thlr's friend, Tan Sri Hamid Omar, for office in a democratic society. vital significance to Mahathir's who had a direct personal interest It finds 'misbehaviour' and continuance in office; the Umno in tile outcome, as he was the Lord 'misconduct' in Salleh Abbas's appeal, was due to be beard by the President's deputy and likely dignified defences of the indepen­ Supreme Court. (Last February successor. The Bar Council called dence of the judiciary - in a Mahathir's party, the United Malays on him to stand down, but to no university lecture and in the letter National Organisation, was declared avail. The Umno appeal was post­ to the King -asserted against 'the illegal by the High Court, due to poned. · background of the Prime Minister's irregularities in last year's elec­ Events now moved swiftly. The vitriolic attacks on the judiciary. tions.) tribunal sat, with Hamid stating His following statements, accor- ding to Hamid's tribunaJ, were the extraordinary conclusion: an overriding obligation to do ·most unfair and improper' and 'Needless to say that had we had justice. and should do it on a justified his dismissal : the benefit of a plausible explana­ Saturday if by the Monday it may 'In a democratic system, courts tion from the respondent in regard not be done at all. play a prominent role as an agent of to the scveral1ssucs which were pre­ Hamid's conduct, on the other stability but they can perform this sented to us for our consideration, hand, in trying to sabotage a case to function only ifjudges are trusted'; our decision may well have been which he was a part} • 1S a classic 'The judiciary is the weakest of different. example of misbehaviour in judicial the three branches of Government. ·tn a matter of such gravity, to office and the Bar Council has It has no say in the allocation of acknowledge that the man found called for his removal. But Hamid funds - not even in determining guilty of misbehaviour may well be is Mahathir's man, and is ex~cted the number of staff needed for the innocent is an approach which to be confirmed in the position of running of its own system.' exhibits a deplorable disregard for Lord President from which, on his Such statements are commonly proper legal standards of proof.' recommendation, Salleh Abbas was made by judges throughout the The loss of1 a judge as dis­ ousted. One of his first decisions common-law world when speaking tinguished as Salleh Abbas, in such was to preside over the makeshift in public. Yet, the Lord President's circumstances, is an international court which this month airily dis­ crime, according to the tribunal, outrage. missed the delayed Urnno appeal. was to ·go on the offensive and The prospective loss of five Politicians like Mahathlr will criticise the Governn1eot publicly'. further senior judges accused of always want to subordinate the rule It was 'misbehaviour· to ask for a misbehaviour for doing justice on a of law to the rule of theu own public hearing and trial by his peers Saturday is even more outrageous. thumb. In a letter to the British because this amounted to ·politi· They face a similar 'trial' in secret Law Society a few weeks ago, he cising the issue to gain public and before a tribunal much less denounced the five judges for sympathy for himself. distinguished than themselves in 'unethicaJ' behaviour. They have What makes this report intole­ Kuala Lumpur this week. This a political axe to grind. It is they rable as a matter of law is its time, however, they intend to who have undermined the credibili· unprincipled attitude to the refusal participate in the proceedings, and ty of the judiciary: he ranted with of Salleh Abbas to participate in its it is rumoured that Abdoolcader memorable hypocriS) It seems lhat proceedings. · It accepts all the will defend himself - a lion against he may shortly have the JUdges that Government's allegations against legal chameleons. he aJone, can trust. e him for no better reason than that On any view of the matter, the they are uncontradicted. Having actions of the five judges were From Observer, recommended his dismissal, it adds courageous and correct. .A court ~s London Sunday 28 August 1988

There was hardly any deba'te. Only one member objected to the speed of the New Kenyan proceedings and was shouted down. But the Government of President Daniel Arap Moi appeared to back down to criticism or one law to make proposal - first publhhed on Friday - to extend police detention powers to 14 days wnhout ~harge 1 and triaJ instead of the previous 24 hours. Under yesterday's version of the Bill. police were it easier to ~ranted the 14-day option only in cases where the death sentence for high treason, armed robbel) and murder might be appropriate. sack judges Regulations ensuring judges could not be fired without a lengthy bureaucratic procedure were also abolished, giving Mr Moi the power to dismiss them wo major constitutional changes to increase summarily. police powers of detention and make it The Kenyan Law Society on Monday said that easier to fire judges were rushed into law the proposals did not warrant amendmg the yesterday only five days after the proposals constitution and the Widening of police pov.ers Twere published. might lead to abuse. Ignoring an outcry from lawyers that the It added that the proposals on the dismissal of proposals were anti-democratic, 136 members judges "struck at the very soul of the abilit) of a present at yesterday's session agreed unanimously to judge to perform his function independently.'' e adopt the amendments. STAR: 4-8-1988

32 ARMS £1 Billion Arm's

Deal Nearer .. ritian is negotiating a weapons sale of to those used by the Argentinians In the FaJkland aircraft, missiles, and guns for the and F-5 fighters. Malaysian armed forces wonh well over Although the Tornado has also been developed as . £1 billion. a long-range air defence fighter for the RAP, it is B The one snag Is a last-minute suggestion the basic low-level bomber version which interests from the Malaysians that a deal should be associated the Malaysians. with a substantial new tranche of British aid. The Within the Panavian consortium, the Far East is British Government's position is that to mix arms usually a German sales responsibility. However, this and aid 1s dangerous. deal is being handled a1 goverrut1ent level and is More progress is expected behind the scenes really the first tangibJe result of the improved today when the Malaysian Defence Minister_._visits relations between Malaysia and Britian fostered last the British army equipment exh1bition at Aldersho~. year by Dr Mahath..ir, who was reciprocating Mrs The groundwork was laid during last year's visit Thatcher's visil to Kuala Lumpur two years earJier.e to London by the Malaysian Prime Minister, Dr Mohamad Mahatlur, and it came close to signature GUARDIAN: 27-6-1988 last March when the Defence Secretary. Mr George Younger, was in Kuala Lumpur. The main elements are: Tornado bombers built Postscript by the tri-national Panavia consortium in which It was reported by the British Broadcasting British Aerospace and Rolls-Royce worK with Corporation (BBC) in its Radio newsreel programme Getman and Ttalian firms: Rapier air defence broadcast at 8.00 p.m. (Malaysian time) Saturday, 6 miSsiles also made by British Aerospace, radars, and August 1988 that during her two-hour visit to Kuala FH70 howitzers Lumpur on that day, British Prime Minister, The Tornado, which has sold well in the Middle Margaret l11atcher received a commitment from Dr. East, especially Saudi Arab1a, would enhance the Mahatlzir Mohamad to purchase 1. 6 billion pounds capability of the Malaysian Atr Force. cutrently worth of anns from Britian. - Editor - equipped with US A4 ground attack aircraft similar

ALIRAN launched a signature campaign on behalf of the Merdeka Constitution and the Rukunegara on 9 July 1988. Last month's AJiran carried a signature form. Have you signed that form yet? So far some of our readers have returned the forms duly completed. If you are not among them, please start collecting signatures right away from your family and friends. De fen You know what is at stake. You know what to do. You know you must rise to the defence of the Merdeka the Merdeka Constitution and the Rukunegara. For if you don't no one will. Let us show the world that we love freedom and Constitution justice. Let us show the world that we are prepared to defend democratic values and institutions. and the Fill up your signature forms imme

33 EDUCATION

Educating for Democracy: The Teachers Need Help

TI1e issue has been put wllh clarity in a declaration The concern with teaching young people the on ··ruucation for Democtacy" by the AI T. working responsibilities of living in a democratic ~o ciety with the I ducationall:xceUence ~etwork and Freedom has led the American Federation of Teachers I louse. It has been stgnctl. among others, by Jimmy to appeal to schools to inculcate in students Carter. Senator Bill Btauley of New Jersey. Elie Wic~cl. ~• n understanding of the difference bc lweeu Bcnjam i11 Hooks of the National Association for the freedom and tyranny. Advancement of Colored People, Mayor Henr> Ct~neros of San Antonio and the presidents ol the umvcrsities of Califorma and otre Dame. ormally we do not pay mud1 attention to It is not an effort to propagandtt.e ctuldren. It ts a teachers. We expl.!ct them to euucate our serious appeal to schools to g1ve then students. from childre~ and prac_li~.!ally to tais~ them by the early years on. 1he leatning necessary to understand N protectmg !hem I rom drug~. cumc and that the dHTerence between freedom and tyranny does :.exual d:sease. all for a lot lel>lo than we pay plumber~ mvolve cho1.::e. dec1sion and acceptance of rcsponstbtlity. From tune to time, when they slip it btt m thetr police The document starts \.,ith some ctear·cut prcmtSes: functions, we yell at them, but we uo not actually try Democracy is the worthiest form of human tO find out what i~ on their minds. governance ever conceived. We cannot take irs survtval But teachers arc :.aying some interesting things and 01 spreau or improvement for granted. 01e cen11al a!lention should be paid. They could tum out to be drama of modern htstory has been and IS the struggle more important than almost anything being said by the to establish and extend democracy in the United States prel>idenlial cam.ht.l:11es- and probably will stick in the and abroad Democtacy·s survival depends on mmd longer. trathll1tl ting to each new generation the political viston Tilt~ '\rnerican r: cderation of I Caying that of liberty and equality which u11derhes, or should the schools are not doing a good t:nough 10b in theu underlie American unity. tluty of prepanng young people for the to}'s and continued on page 47 rc~ponstbJtities of living in a democratic society anti preserving it. I he union wants to Uo 'ometltu1g about 11. That tluty was un..;e taken lor gwnL~tl. Schools taught that a free society was not only the one Americans were lucky enough to Jive under but the best form of society. That has changed substantially. beginning 111 ldtce sioles .Ne&itrality the tate 1960s. The tendency became to avioll value opp~ssor~ JUdgments among various rorms of government. Anti helps -the providing students with enough hist being lc,ekd out: the tlilference between freedom aJHI various fotms of tyranny became nm a dwicc bet ween good and bud :1utjust a matt er {ll taste. <.1 Y

34 DETAINEES WATCH CRACKDOWN! • One Year After peration lallang- the government's code presumption on the part of the government of the name for last October's ISA crackdown- released detainees' guilt. This is very wrong. The govern­ is approaching its first anniversary. It was on ment has proved nothing whatsoever of any detainee's October 27 last year that the first of more alleged guilt through the usc of the ISA. There was no than a hundred victims were detained in an trial, only allegations and allegations which, one should Ooperation marked by infamy. It was carried out in the add, are extremely dubious and arbitrary. name of peace and stability but has shown itself more We do not believe we are asking for too tall a bill. We than anything else, a travesty of justice. Those who are after all asking only for what is right from a govern­ directly contributed to the rise in racial tensions got ment which has demonstrated a propensity for asserting off scot-free, those who stood against rac1al antagonisms its self-righteousness. Now, with the verdict of the were treated to the ISA. Titose who held the rein~ of Johor Baru electorate, the best opportunity is available power allowed unfortunate racial controversies to lor the government to match with deeds its verbal fester and d1d little or nothing to arrest the rap1d slide tributes to upholding the people's interest by doing ut mter-ractal relauons and Instead at re)ted a w1de thai which is right. spectrum of mno~:cm b} -standers \l,ithout trial but "tth \1ea0\\ hile we invite ath.ntion to certatn matters greH t arbirrarmess. concenung the detainees. r 1rst there seems ro have l o the onltuary person's sense of right and wrong taken place a cletelioration in the quality of food at Operation lallang left a bad taste in the mouth. A yeru Kamunting Detention C'amp. TI1e food has become not late1 that bad taste may arguably have turned tout. f·or onl} less pala1able but h

35 say creates anxiety for both family and detainee. Why with laws passed by Parliament. Laws, just like science, should such treatment have to confront attempts by can be put to good or bad use. They can be used families to care for those whom they love? (Why should ethically or they can be abused. Laws of the Parliament the detainees be in de tention at all anyway?) Nothing must be tempered with the higher laws of conscience. has been proven against them and until such proof is And this is where our failing lies- in the self-interested forthcoming it would be appropriate to consider the application of the Jaws of the land without the necessary detainees as innocent victims of politics. moral credibility. We draw attention also to the health of Irene Xavier But in the case of the detainees it is made worse who is now the only female detainee left from Operation because not only is there no moral credibility but the Lallang. Irene suffers from a condition called endome· law which is being applied Is bad to begin with. This is triosis. Women who have this condition will testify to bec3use the ISA is so readily open to political abuse the excruciating pain that can result from it. Often the through its provision for detention without trial. The pain is severe enough to confme one into a huddle in only judicial avenue available is the application for bed during periods. In Irene's case it is made even worse habeas corpus difficult though success may be. Yet by the fact that endometriosis bas had the effect of even in this avenue the detainees face problem. There is causing an ulcerative inflammation of the colon. no privacy for irlstance when lawyers meet their clients Endometriosis is a condition which inflicts many at Kamunting to discuss their cases because of the women but for which Western medicine has no definite presence of an officer. And when applications are and permanent cure other than to remove the reproduc· actually ftled with the courts the detairlees no longer tive organs by operation. lrene in the past had turned seem entitled to prompt hearing dates. Urgency is a ,. to homoeopathy for treatment. Smce her detention she matter inherent to the nature of habeas corpus applica· has been deprived of her regular homoeopathic treat· tions. The case to be argued pertains to wrongful ment which a doctor in Klang provides. Since it is not detention and the deprivation of personal hberry. feasible for the doctor to travel regularly to Taiping, Yet, it is more often these days for one to hear of Irene has made the request that she be brought to dates ftxed which do not reflect the urgency of the Kuala Lumpur for the treatment she needs. Up till the applications as well as postponements time of writing the camp authorities ~till have not given Firially we draw attention to remarks made b} the an answe r. Each day of inaction on the pact of the Prime Minister in his reply to New Zealand MP's which authorities on this matter constitutes a measure of their we have reproduced iri this issue of the A!iran Monthly. lack of responsibility over the welfare of an innocent He states m the final paragraph of his leuer; human being. ·· ..... Please concentrate on running f\ev; Zealand and Sad as it may seem there are at least two detainees help the Maoris to have their share of the wealth ot your who have been released but who now face problems in country. Also please admit those Malay)ians wishing to resecuring their jobs held prior to detention. For emigrate to New Zealand. There arc also a fey; million irlstancc, Lim Chin-Chin who worked for the Council of Chinese and Indians who would like to settle in Churches, Malaysia, caMot return to her job until the New Zealand. Let us see how you manage New Zealand Registrar of Societies allows her to do so as required when the whites become a minority. Remember under the Societies Act for an ex-detainee wishing to apartheid was invented by a white mmority." work for a "society". Chin-Chin (who was released in Such remarks are in our view most unbecoming of a early June) applied for such permission on 4 July and up Prime Minister of Malaysia. They are laden With till the time of writing there had still been no decision unnecessarily divisive sarcasm which can m4ke no from the Registrar. Instead the Special Branch called positive contribution to nationhood her for an interview regardirlg her application. Her The people of Burma are today taking strident steps application was made, as required, to the Registrar of towards democracy at the cost of chaos and bloodshed Societies but she was interviewed by the Special Branch. as a result of two and a half decades of rettered We do not view with particular agreement the appella· existence. The inspirational rallyirlg pomt of the tion of "police state" as applied to Malaysia, but we Burmest people chanting democracy IS theu mdepen· certainly hope that the mvolvement of the Special dence hero Aung San. It would do well ror us to com­ Branch m Chin-Chin's application will not in any way pare Dr. Mahathir's divisive sarcasm v;ith Aung San's lead us to doubt our view. posilive harmony in his view of nauonhood: lt should he clear by now to all and sundry after "A Nation is a collective applied to a people, irrespecqve almost 12 months that an !SA detainee's situation is of their ethnic origin living in close .. ontact ...,,th one one of exceeding irljustice and repressiveness. You are another, and having common irlterem and sharing joys a prisoner but there are no properly constituted charges. and sorrows during such an hjstoric period as to create a You are subject to slanderous allegations but you have sense of oneness. Though race, religion and language are no proper defence in court. You have a voice but few important factors, it is only their tradmonal desire and can hear it. You have a right to freedom but you are will to live in unity through weal and woe that binds a confined to the mercy of the Home Minister and the people together, and makes them a nation and their police. All this is morally very wrong That must be spirit a patriotism." • recognised . II is to1ally inadequate for the government to proclaim that everythirlg was done in accordance Tong Veng Wye

36 FALLING SICK IN KAM UNTING

Kepong MP, DR. TAN SENG GIAWsays that medical care for ISA detainees in Kamunting is far from satisfactory. Dr. Tan, a specialist physician speaks from experience having been a recent guest of "Hotel Kamunting".

etention without trial under the Internal Security Act is a serious infringement of basic human rights. There are various aspects to this type of detention, one of which is the provision of Dmedical care. There are conflicting reports on the medical treat· ment of political detainees. The Government paints a rosy picture. But, I have been repeatedly asked by the public about the subject. What is the truth? I would like to make some comments here. Dete~tion under ISA can be divided into two stages: (1) the 60-day detention at a Police Remand Centre or police lock-up and (2) prolonged detention at the Kamunting Detention Centre. Detainees do have access ~o a medical officer at the remand centre. For example, at the Kuala Lumpur Police Remand Centre at 4~ Mile, Jalan Ipoh, near Batu Caves, a doctor or Medical Officer from Kuala Lumpur General Hospital visits the remand centre every week and detainees are taken to see him if there is any medical complaint. Lim Kit Siang: mediCJ) investigation canied out only At Kamunting, there is a clinic manned by a Hospital after much protest. Assistant (HA) but no doctors. There is also a dental clinic. A dentist from the Taiping District Hospital, six miles It is true that camp authorities make appointments with away, visits the clinic once or twice a week. This clinic also the relevant doctors so that detainees are seen as soon as caters for hundreds of prisoners and warders, and is often they arrive. But, then, very often the detainees do not get very busy with long queues. It is virtually a 'factory for to see the right doctors. For instance, at the beginning of tooth extractions'. this year, Sdr Lim Kit Siang suffered from haematuria I have recently heard that the HA at the medical clinic (blood in urine) for which he was taken to the Taiping of the camp had retired. There has been no replacement so District Hospital. No thorough investigation to ascertain far. the cause of haematuria was conducted. It was only Political detainees who.fall sick are taken to the after much protest Inside and outside Parliament that Taiping District Hospital. I must say that the staff at Sdr Urn was warded and investigated in greater detail. Kamunting do try their best. The crux of the matter is Apart from Sdr Karpal and Sdr Lim, the people the Inadequate conditions of medical service at Tal ping involved in the rest of the cases will remain anonymous. In District liospital and the poor co-<>rdination between April 1988, a 40-year·old male detainee had pain in his the Ministry of Health and the Ministry of Home Affairs. right knee after jogglng. He was brought to the District During medical emergencies, co-<>rdinatlon between Hospital and the level of uric acid in his blood was the District Hospital and the prison authorities is such measured. Uric acid Is a breakdown product of proteins In that urgent transfers are not possible. Th!s leaves much the body. Excessive amount of the chemical can dmage to be desired. For example, towards the end of 1987 the joints (Gout) and is associated with heart disease. when Sdr Karpal Singh had an excruciating attack of renal Apparently at that time, the level of uric acid was high. He colic when he -.yas taken from the Kuala Lumpur Police was diagnosed as suffering from gout for which was given Remand Centre to Kamunting. Despite that, he had to wait Allopurinol, a drug which lowers uric acid level in the · for over two hours before being taken to the Taiping blood. District Hospital. Continued on page 47

37 On tht quesrion o[the health o[ pvlirical detainees Aliran has urged the Malaysmn Medical Associoriou ICE? (ft.fA.fA) to act. We publish below our lerter - editor.

3 August 1988 Dr Syed Mahmood bin Syed llussain President Malaysian Medical Association Bangunan MMA 124 JaJan Pahang 53000 Kuala Lumpur Dear Dr Syed Mahmood May peace be with you. gout. Tltis information came from his wife. Dr Mohd AJiran is happy that there is now a section within the Nasir Hashim, former Deputy Dean of the Medical MM A called Malaysian Physicians for The Prevention of Faculty, University Kebangsaan Malaysia has developed a Nuclear War and that an exhibition is being held from skin condition. Kepong MP Dr Tan Seng Giaw, who has just August 6, 1988. Aliran will try to send a representative been released, is our source on this. to the opening. Would it be possible for the M.MA to perhaps set up a small commitree to look into the health of the detainees The movement against nuclear wa_r. deserves the and to provide its views on the quality of medical treat· wholehearted support of human beings everywhere. It is commendable that Malaysian physicians are beginning to ment accorded to the detainees? This is just a !>Uggestion. show a commitment in that direction. The M.MA, given the professional knowledge at its conunanu, is in the best position to evaluate its worth. If the MMA is interested in this question, it sllould be May I take this opportunity to bring to your attention possible to arrange for ex-detainees and the close anotJ1er matter of public importance which must also relatives of those stIll in detention, to testify. concern a professional body like the MM A? ln the last few months, Aliran has received a number of verbal II needs to be emphasised that hy looking into the testimonies from ex- ISA detainees about the state of health of the detainees the MMA would be acting within health of certain detainees and the type of medical its jurisdiction since it has always been concerned about attention they are receiving. the health of the Malaysian community. Such an inquiry would not require the MMA to take a stand on the poli· From these accounts, it appears that some of the tical or even lhc moral issues involved m lSA detentions. detainees are not well. We were told last Friday Thank you very much. Keep up your good work. (July 29) for instance that P Patto, the Member of Parliament for lpoh who is being detained in Kawasan 5 Wam1 regards, at the Karnunting Detention Centre is suffering from Chandra Muzaffar

38 t ition: I •

to combat Communist terrorism We are not going to allow this to In Volume 8:4 of the Ali.tan but also to incarcerate Malaysian happen again. We would rather detain a few people than let hun­ Monthly we carried a letter Nationalists. Of course all were labeUed Communists. Now the dreds be killed because New Zea­ to Dr. Mahathir from 34 British explain their behaviour by land objects to detention without ,~ New Zealand MP's petitioning saying that preventive detention trial. Because we acted promptly . for the release of the ISA laws were intended for Communists Malaysia is experiencing political .·.. detainees. In this issue we terrorists alone. The records belie stability and rapid economic :- carry Dr. Mahathir's reply to this claim. growth now. Our Parliament has this petition. Immediately after that authori­ not been suspended. The opposi­ tarian Government we are supposed tion are just as active but avoid to set up a fully sophisticated instigating racial unrest. They of democratic Government when we course give interviews to the became independent 31 years ago. foreign media condemning the Honourable Members, Not only were Malaysian politicians Government. That's okay because .~ unused to democratic practices but the lo'--als know they are lying. : have never ceased being sur­ the muJti-raciaJ population is also They will not be detained for prised that the citi.£ens of New unfamiliar with democracy. running down their own country . Zealand, and Australia should Tn most countries where demo­ and telling lies. We do not expect' . presume that Malaysia should cracy is introduced riots, civil the foreign media to be fair. Appa-' • I obey their laws. You are not unrest and killings take place. look rently they consider that censoring burdened by the kind of problems at South Korea and Taiwan. look us and distorting reports is demo­ that we shoulder in Malaysia. In at Sri Lanka, and India (Assam, cratic. Who arc we to disagree with ... New Zealand you have ensured Punjab, etc.) It would seem that the Almighty mternational media. that the white population is so New Zealanders and others are Your concern about Malaysia is overwhelmingly superior to the quire happy to sec the murder and appreciated but don't presume you : Maoris that racial strife of the kind the killings, the bombings and the know more about how to run • that you sec in Sri Lanka, the massacres because these people are Malaysia than we do. Please concen­ Punjab, Fiji, Lebanon, Northern exercising their democratic righ ts. trate on runn.ing New Zealand and · Ireland, New Celedonia and else­ Indeed western media gleefully help the Maoris to have their share where will not plague you. We are report t hese "media evenrs" and of the wealth of your country. Also · not that lucky. The British ir!l· openly encourage the violence. Any plc11Se admit those Malaysians' ported Indians and Chinese in vast attempts to prevent riots and wishing to emigrate to New Zea­ numbers in order to exploit Malay­ killings arc labelled as undemocratic land. There are also a few million' sian wealth and now we are left and are loudly condemned by Chinese and lntlians who would with the very real potentiaJ for self-righteous Parliamentarians from like to settle in New ZeaJand. Let riots and killings posed by this such countries as New ZeaJand. us see how you manage :-Jew Zea­ explosive racial mix. We don't think violence is land when the whites become a Under British rule there was no necessary for the spread of demo· minority. Remember apart heid was' F invented by a white minority.' I democracy. l aw and order was cracy in Malaysia or in any other : maintained by a ~trong police developing country. Rights must • force with one of the most efficient involve responsibility. If you are Special Branch whose methods irresponsible you forfeit the same were never questioned by the measure of your rights. controlled press. There was no such With a multi-racial, multi­ 'J-s~. thing as the international press religious population Malaysia is then. Nor were New Zealand Par­ prone to the kind of racial violence liamentarians very interested. that yol) sec in Sri Lanka. Punjab. Indeed they actively backed British etc. ln I91l9 an insensitive Malay­ authoritarian rule, including deten­ sian Government allowed racial tion without trial then. tension to explode into riots and The British colonial Government killings before declaring emergency used preventive detention nut onJy and suspending Parliament. (Dr. Mahathir Bin Mohamad)

39 COMING SOON i

. ' THE GSP ISSUE ''YOU ARE IN NO WAY TO BLAME'' AFL-C IO President LANE KIRKLAND's letter to V. David dated A ug 3, 1988

2. The purpose of o ur filing this petition is not to cause Malaysia to lose The Malaysian · Govern­ its GSP privileges. That is a paiadox that ment's attempt to discredit some fmd difficult to understand. To V. David: unionist and DAP MP. V. begin the p10cess. under Jaw we are required to request a removal of the scapegoat David, was one of its most GSP privileges. but the intent is a posi· Dr. V. David despicable efforts to twist the tive one - to seek to persuade the General Sccrc tary truth to date. Below we re- · government of Malaysia to make pro· Transport Workers Union gress in respecting the basic rights of 21. Jalan Datal produce correspondence, one workers and their organizations. It 46200 Pet:aling J aya from AFL-CIO president would be much in accord wit11 Malaysia's Malaysia LANE KIRKLAND, clearly best democutic uaditions if its govern· Dear Brother David: ment did lnd0cd decide to take such showing Mr David to be a steps. Your letter was reassuring. especially hapless victim of Government There Is a parallel here In Otltcr mea· in confirming 01at U•e long dete.ntlon has propaganda, abe~ted by a surcs of tltis sort. When labor organlza· obviously not crushed your sp!Ht. I was tions U1reaten a boycou against any also glad to know that the attempt to pliant mass media. country. the basic purpose is not to use the AFL·CIO petition against you hann the people of that country. but to has backfired. seek to persuade that country's govem · In my communication t<> d,r. Malta· whether or not the U.S. government will ment to respect fundamental human and thir. l was tempted to reitemte that accept the petition for " review." workers rights. Such is the rationale AFL-CIO alone bears responsibility for lf it docs. then these facts are worth behind threatening sanctions and rem o­ the petition and dtat you are In no way noting: val of GSP privileges. to blame for OUI initiative. Ho:wever. I 1. Acceptance of d•e petitio n for This is a personal letter to yott. decided it probably wou.ld be best to Ieview does not mean that Malaysia will focus solely on your requcsl. lose its GSP benefits. What ir docs mean written in a spirit of solidarity between Nevertheless. the point bears re· is that the 1J.S. government wiU carefully our workers and yours and between the emphasis. especially because the petition look into the labor situation in Malaysia. AFLCIO and the MT UC. However. feel will probably be in the news again soon. measure it by lntc:rnationally recognized free to use this letter in any way you We are not certain exactly when the li.S. labor standards. and tlten decide whether wish in the con lroversies tltat may lie government will announce itS decision or not to revoke Mal aysia's GSP privi· ahead. on our pcrit.ion~. but H is likely to be leges. That decision will be announced With my' very wannesr best wishes sometime in AugusL Nor do we know on o r before Aptil I. 1989. to you and the MTUC.

:;!; ·ccc );' /2 •co t ec .. ,)ly, l~t LANE KIRKLAND President American Federation ofLabour and Congress ofIndustrial Organizations (AFL·CIO)

41 ''OUR PETITION WAS Filing ~uch a petition does nor au to­ NOT FILED AT THE mat•cally mt.-an loss of ~SP privileges. of course. In facL so far such petitions have not caused the U.S. government REQUEST OF DAVID'' to \vitlldraw those privileges from any democratic country. only autJtoritarian Asian-American ones. We have r.Jed petitions against Free Labour Institute executive Thailand and Turkey. for e>Cample. and in each inscancc the governments have director CHARLES D. GRAY 's been able to persuade our government thai s teps were being taken to end cer­ letter to Malaysian Embassador tain abuses. such as the exploitation of child labor. We would hope that tlte in Washington D.C. dated July 7, 1988 government of Malaysia too. could take some positive steps rather d1an the llis Excellency Albert Tal:tlla gone ahead in any case. negative one of condemning one of its Ambassador From the above sequence of eve nts. leading citizens. Embas.~y of Malaysia it is clear that our petition was not filed We would hope t.hat the government 2401 Massachusetts Avenue. N.W. because of Dr. David's detention under ol' Malaysia would examine our petition Washington. D.C. 20008 the Internal Security Act. We included on its merits. rather tJ1an exploiting it~ information about the detention in our Dear Mr. Ambassador Ref: COC-3689 a club to bash people with politically. petition. as anotltcr indica tor of tl• e After aJJ tlliS is not the rust time that I am writing you because of conver· government's attitude. but tlte decision Malaysian labor policies have been sub­ ~ations I had n:cently in Geneva and to file the petition was made long before jected to criticsm in a public way. For because of press accounts citing your the detention occuucd. example. as you must know a leader Embassy as the source for reports about Ln fact a~ you will recall. I told you from Malaysia (not Dr. David) on Ju.ne tlte AFL-CIO petition on Malaysia. personally of our intentions on July 22. 17. 1987 condemned !hose policies at a reports cau'\Cd strong reactions by Prime t 987. at a Washington luncheon hosted general session of the International Minister Dr. Mahathir. I hope that thi~ by the AmbaS-.\:ldor of Singapore. At ·labor Conference in Geneva. Among letter "ill )Crvc to correct certain that time. I pointed out that only a other Lhings t11at speaker said: erroneou ~ impression~ abou tthe pcti tion. lack of time to coUcc 1 all the materials Repressive laws such as the Internal First of all. contrary to some sta te· had prevented u ~ from filing a worker Sccurity Act. Printing Presses and ments. oor petition "as not filed at the rights case a ga in ~t the government of l'uhlica tions Ac t. Official Secrets request of MTUC Secretary General V. Malaysia on June I. 1987. Act. Sedition Act. and a host of David. The petition is solely the respon­ or course \~e do not e>.pect the other .. Acts'' have curtailed 11 hatever sibility of the AFL-CJO. It is unjust for government of Malaysia to agree \\ilh remains of freedom of speech and the government of Malaysia 10 blame the petition. but a better understanding expression in Malaysia ..... In a similar one of its own citize n~ for an action over of tJ1e GSP proces~ wOt•ld reduce the vein. the laws that govern. or rather 1~hich he had no control. temperature of the dispute. It is above rule. labour in Malaysia have faced a In filing such pclitions. the AFL-(10 all essential to understand that the similar fa le in the hands of insensitive always consults "'ith leaders of the trade purpose of the AFL-CIO action is not 10 anti often indiffeTent l egislator ~ movement of the afft:ded countries. and penalize Mah1ysian working men and daiming to represent tlt e collective we also base the petition on information women. On the contrary. the purpose is interests of the people. from othor knowledgeable sourt·es. Long to help tl1em. and one way is to usc our You may think dtat such problems before riling tlte June I petition against trade law as a lever on the government arc purcly a matlcr of domestic concern. M01laysia. we con~ ulted MTUC lraders. to afford Malaysian workers intcrna· However. a country U•riving in the huge including Dr. David. tionally recognized labor rights. new global economy can not realistically On Octoher 23. 1987. at an inter· Solidarity witJ1 our brother~ and expel:! to have a fenced-off ;uca called national affairs conference of the AFL­ sisters in otlter lands is part of the "internal affaiiS.'' It is now incvi table CIO in Miami Beach. Florida. I con­ proud tndition of the American labor that what a country docs domestically liJ11lctl thai the Af'L-CIO "ould procectl movement dating back to its founding. "ill affect its standing a~ " rcsponsibh.• with petilions against certain govern­ Since 1984. moreover. U.S. la11 has trading partner. ments. including that of Malaysia. and I given us the right. anti we believe a tlu ty. We trust thai your government ''ill explai ned \\hy. Dr. Oavid endorsed our to speak up for violations of workers' re~-pontl to our petition in the spirit of proposed action. but the lahor situation rights by filing petition~ 11i tlt the U.S. the denwcratic heritage for which in Malay~ia was bUCh that \\e \\OUid have Trade Rcpn.'locntalivc. Mnlaysin has "on "orld-\\ide renown.

Charle~ D. Gray l!'xecu ril·e Director Asian - Amt-rican Free Labour lnstilllte

42 Rasuah: Tiada Azam Politik U otuk M enghapuskannya

Juan mcrasa sangsi yang kekurangan mengatasi masaJah memperolehi bukti terhadap maklumat penting' itulah yang meng­ orang-orang yang berkedudukan. halang Badan Pencegah Rasuah Dua, kerajaan harus menjadikan Badan Pencegah daripada lllengambil tindakan ke atas Rasuah sebuah badan yang benar-benar bebas dan orang-orang yang korup. Aliran dan berautonomi, yang bertanggungjawab secara lain-lainA pertubuhan pernah, di masa-masa laJu, Jangsung kepada Parlimen. Taraf bebasnya harus mcmberi maklumat yang terperinci dan menyeluruh dilindungi dalam Perlembagaan Malaysia. tentang dakwaan-dakwaan mengenai kegiatan Tidak ada sebab kenapa kerajaan tidak boleh rasuah , namun Badan Pencegah Rasuah tidak pula bersetuju dengan cadangan demlkian memandang­ mcngambil sebarang tindakan mahkamah. Misalnya, kan Ketua Pengarah BPR, Haji Zulk.ifli Mahmood, pada bulan Fcbruari 1985, Aliran tclah memberi mendakwa yang BPR sudah sememangnya sebuah 'rnaklumat-maklumat penting' tentang suatu projek badan bcbas dan bahawa ia terletak di bawah saluran naJiS ui kawasan Metropolis Buttcrworth­ Jabatan Perdana Menteri hanya untuk kelicinan Bukit Mertajam . Sarnpai ke hari ini, tidak ada pentadbiran. apa-apa tinuakan Mahkamah yang diambil. Tiga, kerajaan harus mewajibkan ,Perdana Men­ Masalahnya bukan kekurangan ·maklumar teri, Menteri-Menteri, Tin1balan-Timbalan Menteri penting' tapi ketiadaan azam politik di pihak Setiausaha-Setiausaha Parlimen dan Anggota: kerajaan untuk menghapuskan rasuah terutama Anggota Parlimen untuk mengisytiharkan harta sekali d1 pcringkat atas masyarakat. Kerajaan benda dan tanggungan mereka. Maklumat-maklumat tidak bcrsungguh-sungguh untuk menghapuskan tentang harta-benda dan tanggungan mereka ini rasuah kerana kepentingan golongan-golongan boleh dimasukkan ke dalam sebuah buku daftar tertenru dalam sektor awam dan swasta yang umum untuk tatapan orang ramai. Buku daftar ini beruntung secara Jangsung atau tidak Langsung perlu dikemaskinikan dari masa ke semasa sebagai daripada rasuah. saJah satu cara untuk memastikan yang pemimpin­ Unruk mencntang rasuah secara efelctif, beberapa peminlpin yang terpihh bertanggungjawab kepada langkah perundangan dan politik harus diambil para pengundinya. segera. Melainkan kerajaan mengambil langkah-langkah Satu, kerajaan harus meminda Akta Pencegahan sedemikian, rakyat tidak akan me rasa yakin yang Rasuah untuk memasukkan suatu peruntukkan kerajaan bersungguh-sungguh unruk menghapuskan yang mcnyebut bahawa "mana-mana pegawai rasuah. Rakyat tahu, bahawa sejak beberapa tahun kcrajaan yang taraf hidupnya atau sumber-sumber lalu telah berleluasa rasuah korporat yang melibat­ kewangannya tidak selaras dengan pendapatan kan orang-orang yang gagah perkasa dan tinggi rasminya akttn dianggap bersalah, kecuali dia kedudukannya. e memberi penerangan yang munasabah kepada J4hb Aprill988 P Ramakrishnan mahkamah" Perundangan sebegini wujud di Jawatankuasa Aliran beberapa negara Jain. Ia sedikit sebanyak dapat ·

43 While poverty remains wide· spread, the State government. has unfortunately embarked upon cer· CURRENT COMMENT tain projects which will not benefit A· recoe:d.of Aliran's comprete press statements the people directly. Is there any need, one may ask, in the midst of poverty and the curt.ent economic made in the preceding months recession, to build a fountain out in the sea to commemorate the 25th anniversary of Merdeka? the proposal was to establish inte· Aliran is also of the view that SABAH TODAY: grily and hon<'sly a:. norms or ethnic relations in Sabab could be SOME REFLECTIONS public life, especially after all the better. There is still a certain degree allegations of corruption and greed of uneasiness at certain levels in the ery soon, on 16 September assoctated wtlh the prllVious govern· relations between the communities 1988, Sabah, tot;eether with ment. It is a reaJ pity that though caused perhaps by communal politi· V Sarawak, will be observing Datuk Pairin Kitingan gave a public cal attitudes. As a politic.al party their 25th anniversary of Merdeka. assurance that. he would accord which espouses the cause of multi· In lhe life of a society, 25 years s<'rious attention to the proposal, racialism the PBS will, one hopes, would mark an tmporlant milestone. nothing bas been done about it to check any tendency towards the n is an occMion to rt-llect, to this day. . assertion of communal sentiments examme, lo evaluate. ::;:tis a timE> to Indeed, today, after three years from whatever quarter. take stock of what has been accom· of PBS Government, one hears all If the PBS's performance within plished and what needs lo be sorts of allegations of corruption Lhe State has caused some dis· achieved. and nepotism involving leaders and illusionment, its response to Today, in Sabah, compared to officiaJs of the present St.ate Federal issues has been even more the last few years of the Berjaya administration. Whether these aile· disappointing. Datuk Pair in administration, thPre is a certain galions arc true or not, the PBS Kitingan was one of the first dcgTee of poliltcal freedom. Sabah Government should be concerned Barisan Nasional leaders to endorse newspapers do discuss social issues about the moral stature of the men wholeheartedly the ISA arrests of in the State in a less obltque man· and women who have been en· October 1987 -arrests whose real ncr, tf one is to contrasL Lhf' situa· trusted with the authority LO motives reveaJ the Machiavellian ttun today wilh lhe early ei~hLies . manage this State. Instead of character of the politics of the The Parti Bersatu Sabah (PBS) challenging the public to provide ruling elite. PBS leaders also sup· Government has to be commended detailed evidence of corruption, ported the amendment to Article for helping to create this new it should, on its own, investigate 121 of the Federal Constitution atmosphere. allegations and take firm and swift which struck a severe blow at the In other respects, however, the action al(alllst those who may have independence of the Judiciary. performance of the PBS State erred. There should be no attempt. What is equally sad, they agreed Government m the last three years to cover up wrongdoing, or to pro· to other constitutional amend· bas given rise to some disillusion· teet wrongdoers. ments passed at the same time by ment and disenchantment within Aliran is also distre'ssed to learn t.he Dewan Rakyat which in fringe the thinking segment of society. that up to now no major pro· upon Stale rights and a State's As a case in pomt, in May 1986, gramme aimed at eradicating the prerogatives over land matters. when 1 was here in Kota Kinabalu roo~ causes of poverty and depri· Aliran realizes of course that for an Aliran forum, I made a plea vation in the State has been the PBS State Government more to the Sabah Chief Minister, Datuk implemented. Various ideas have than perhaps any other state Joseph Pairm Kitingan, to initiate been floated around for some t.imr government in the country operates the declaration of the financiaJ now but there has been lilLie action under severe constraints. We appre· asset!> and liabilities of the entire which would convince people that ciate the difficulties it is sometimes State leadershtp through a register at long last. the Sabah government is confronted with. Nonetheless there whirh wouJd be available to rriem· coming to grips with the problem is undoubtedJy a need to examine bcrs of the public. The idea behind of poverty. its own policies and performance and its own attitudes and actions with the aim of correcting its own mistakes. Only if it is prepared to do this, would the PBS Government be able to restore hope and confidence in its ability and sincerity - the hope and confidence which signalled its electoral triumph in 1985. 13 August 1988 Chandra Muzaffar President

'l'HE NEW TRIBUNAL he recent announcement of the composition of the six· No serious attempt ro eradicate poverty in Sabal-a . T member Tribunal set up to 44 hear the charges of alleged miscon­ duct on the part of five suspended Supreme Court Judges leaves the nation in amazement. Again the basic principles of trial by one's peers and of an open public hearing have been violated. Three Malaysian and one Singapo­ rean lligh Court Judges are among the six Judges appointed to scruti­ nize the alleged misconduct of the Supreme Court Judges. Aliran calls upon these four High Court Judges to withdraw forthwith from the Tribunal in keeping with universal norms of judicial propriety. Granted that the other two mem­ bers of the Tribunal are Supreme Court Judges, yet Tan Sri Hashim Yeop Sani, the Chairman of the Tri­ bunal, is a material witness to the CATIO facts and circumstances on which the charges are based. He has also ..-REEDOM lN FETTERS - S I 0.20 0 expressed strong disapproval of the Comprehensivl! study of the state of democracy 1n Malaysia. Deals with all convening of the Supreme Court's lhe maJor laws and Institutions relevant to an unders~.anding of democracy in Malaysia. H examines all the maJor tren

45 0

Bro Rogers released but freedom ,_ remains -a: severely restricted. ••~ lSA RELEASES itb the release of Brother ::~ Anthony Rogers from de­ ;a tention under the Inl.er­ nal Security Act (ISA), on 25th :1 .. August 1988, the last Aliran mem­ ~~ ber picked up in the October 27th ~ 0 swoop, has been set rree. Aliran is happy that Brother o,. Rogers has returned to society. We ... are equally happy that saudari Chee IIeng Leng, saudara K K Tan and ! saudara Chow Chee Keong have .. been relearsed. We are, however, deeply dis­ tressed by the conditions attached to their release. These conditions restrict their fundamental rights to such an extent that their release is rendered somewhat meaningless. Their freedom of movement, of expression and or participation have been severely hampered. Aliran calls upon the Govern­ ment to remove all the restrictions imposed upon nur four rriends. The restrictions imposed on others who have been relea: ed since December 1987 should also be lifted. At the same t me, Aliran hopes that the other !SA detainees - 26 or them according ·o a Government source - wiU all be released imme­ diately and unconditionally. Alter­ natively, they should be charged in an open Court.

2 Sept. 1988 Chandra Muzaffar President

(The above statement bas not apprearcd in any daily - Editor.)

46 continued from page 37: FALLING SICK IN which the Government had not adhered. They are: This is very unfair because his history of sporting activities and the question of trauma and the need for (I) Arllclc 8 - Appointment of Medical and Dental confirmation of serum uric acid level were not taken Officers. The Minister charged with into account. Before a diagnosis of gout can be made, the responsibility for health shall there are cnteria which must be fulfilled. Nevertheless, appotnt a medical officer and a dental the patient was given Allopurinol which can aggravate officer for each place of detention; acute gout. It is unusual for gouty pain to occur in the (2) Arttde '\h Medical officer to inspect place of de­ knee. It is more usual to have pain somewhere else such tention~~ least once in every month. as the big toes. Once gout is diagnosed, the person has The medical officer shall inspect every to seek treatment for life. Obviously, the detainee was part of the place of detention with not getting the correct medical treatment. special reference to the sanitary state In May 1988, a 42-year-old man had been gardening of the place of detention, the health of ln the camp and had larva migrans due to larvae of the detained person, and adequacy and wonns bunowing into his skin, causing itching and skin proper cooking of the diet and he shall disfigmement. There was no specialist to diagnose this in ensure !Jut the body weights of the Taiping District llospital. As a dermatologist, I had detained persons are properly recorded written the prescription and a doctor at the Hospital was and shall periodically review them; and kind enough to oblige. (l I \rtH..Ic 60- Examination of Food and Water. The ln the late 1970s, I was asked by a relative of a medical officer shall frequently 35-year old male detainee to visit the latter. He had a examine the food of the detained chronic cough. Each time he complained, he was given persons, cooked and uncooked, and he cough medicine until the coughing became progressively shall report in writing to the Superin­ worse. He was then taken to the Taiping District tendent as to the quality of the provi­ Hospital and treated for chronic cough without further sions and any deficiency in the quality investigations. A year later, when the detainee was or defect in the quantity of the water transferred to the Tuberculosis {TB) Hospital at Jalan or any other causes which may affect Pahang, he was found to be suffering from a severe form the health of the detained persons. of cancer - alveolar carcinoma. He died very soon after Most of these rules have not been followed despite the diagnosis was made. The man had obviously claims by the Home Ministry that the camp was inspec­ suffered. He did not receive proper medical care for his ted and approved by the International Committee of persistent cough. There should have been earlier and Red Cross between 6 and 8 May, 1986. greater attention to his suffering irrespective of his Therefore, there is a need to improve the medical care political ideology. of detainees and to upgrade the services at the Taiping I made an adjournment speech in Parliament on June 28, District Hospital. The doctors lry their best under the I 988 mentioning three conditions under the conditions of stress and strain from having to treat so Internal Security (Detained Persons) Rules ·1960 to many patients.

ron•At...... _ ...... ,A ..... f ... TJ:Ar~-~~ '::r-l·:::.n It all seems fairly obvious, if you believe it. But Laying down principles for education in democracy just as you must be taught to hate you must be taught obviously is important, and so is the next step­ to fllld truth - in this case, the demonstrable truth in curriculum examination and change. democratic principles. You can learn it-the hard way ­ In California, a curriculum evaluation is taking place by living in a tyranny. Or you can be taught through with education in democratic rights and obligations education in history and democratic ethic. the goal. In most other states, county governments This does not mean simply pronouncing values and and school boards have primary responsibilily. New insisting they be accepted. It invQlves teaching the alliances are being formed: parents and teachers both history of the United States and of other societies so liberal and conservative are finding common ground. that the student sees the values and is in a position to There can be a price to pay for taking a long look judge. at a school curriculum to see if an understanding of It means teaching not only democratic values but democratic principles is built into it. It may cost money communist, militarist, fascist values. The idea is ·to - perhaps more teachers and new textbooks - but it provide enough information so that the student will be cheap in the long run. Ignorance of the history understands that social contracts are not cost-free but 'Of freedom winds up costing a great deal. often deliberate choices among conflicting values and ...... U ..... L-o. V'" l •• ·~ .. ··~· .J.J ... L Hc:RALU TRIBUNE, that the price can be very high indeed -a matter of life May 5. 19871 and death.

47 .------The Marathon Task--­ of Multi-ethnic Living

and even seemingly cordial really. except to work towards working and social relations. the third choice. For this. They exchange greetings and three points have to be borne visits during festivals and show in mind. interest in one another's cus­ One: The few who do tim toms. But the interest is super­ openly must be prepared to be ficial, the knowledge sballow. looked at askance by their the rapport fragile. The con­ own ethnic groups. They may sciousness remains mono­ even be called "numina clop ... ethnic. "enemies in the blanket", etc. They must remain calm, farm , To live in a patient •d hopeful. With genuinely multi- time and effort. Malaysians will ethnic Malay- realise that a Malaysian con­ sian world. sciousness does not mean Memben of the rejection or betnyal of your different ethnic groups emp­ ethnic group - that a person bathise with one another, can and should be at one and understandiq sensitiYities. the same time a loyal member fean, aspirations. Beliefs and of his family, neighbourhood, customs are studied in some state, ethnic group, Malaysian depth. Common values and nation, world community. norms are emphasized, and Two: Inter-ethnic communi­ efforts made towards a Malay­ cation must go on all the time. sian coasciousness. realisina all at different levels, in various the while that this takes time, ways. There will be setbacks, patience aud delicacy. even seeming cleacUocks. But Of the tbree, the last is so long as the communication n mui1Mtlmk the hardest choice. But it lines are kept open, and the Malaysia, you have three is the oaly one that offers discussions are honest and choices: lasting harmony. The first carina. there is hope. worked during the colonial 1hree: The new generation To 6ve in 8 period; the colonial ru1en must be protected from inter­ mono-etlmic co­ dealt separately with each ethnic prejudice. Parents must coon and pre­ ethnic group. This prevented take care not to pass these tend that no­ both friction and cooperation on throuah look, gesture or ~ ~ - lhin& exiltl out­ among die different ethnic tone of voice. It is in tiny, side it, or at least, nothin1 rele­ JfOUps. But in independent hardly tangible nuances that WDt. This is fairly easy to do, Malaysia, such separateness is the danger lies. even in ethnically mixed dangerous. £acb ethnic group It is a marathon task. We setdements, institutions and would be aware only of its are dealing with world views other ambieaces. Memben of own riaJtts, needs and wants. that are often cliametric:ally each ethnic group huddle top­ Head-on collisions would be opposed; each ethnic group tber and keep relations with only a matter of time. The feels it is right and is being otben absolutely minimal. second choice only seems wronged. But with persis­ better.- But the bannony is tence, imaaination and tact, To appear to and with God's guidance, we live in a multi­ transient, in fact iDusoly. have no option, can stt'IJ be 8 nation. ethnic environ­ Malaysians ment. Memben (Summll1')l ofa talk gi.,en by AD/BAH AMIN at the of the various Aliran Forum on Living in a Multi-Ethnic Society etlmk aroups have amicable on April 3, Kwlll LumpurJ

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