Discontinue Beng Hock Inquest 555 Penang to Mark the Young Aide’S Sudden Death

For Justice, Freedom & Solidarity PP3739/12/2010(025927) ISSN 0127 - 5127 RM4.00 2010:Vol.30No.8

Aliran Monthly : Vol.30(8) Page 1 COVER STORY Remembering Beng Hock in Penang If the present government does not want to change the system, then the rakyat can change the Government in the next GE by S H Tan

crowd of about 400 paign drove all the way up from Lee Lan said that Beng Hock was people packed the forum KL for this event. only a witness to an alleged cor- AAA hall in the Han Chiang ruption case involving slightly College in Lim Lean Emotional appeal over RM2,000 but he paid the price Teng Road, Penang on a lazy Sun- for it with his life. She lamented day afternoon. It was a very en- Lee Lan conveyed her apologies that support for Beng Hock and couraging support from for not being able to be present in his family is slowly waning and Penangites for the “Malaysians for person because of some urgent fewer and fewer people are at- Beng Hock” campaign. business at home. However a vid- tending the inquest. It is begin- eotaped recording of her speech ning to be a lonely fight for justice The panel for the afternoon com- in Mandarin was played. She for Teoh Beng Hock. The authori- prised Beng Hock’s sister Teoh made an emotional and passion- ties appear to be (deliberately?) Lee Lan, Aliran president P ate appeal for justice for her delaying and prolonging the case Ramakrishnan, Lim Lian Geok brother. She narrated the facts of - with the hope that the public will Cultural Development Centre the case and said her family had lose interest and forget about it? president Toh Kin Woon, Am- been facing all sorts of obstacles nesty International Malaysia ex- and setbacks all along the way: Lee Lan said that her family does ecutive director Nora Murat and for example, steps to prevent Dr not need public sympathy but the moderator Ng Eng Kiat of Pornthip from testifying, harass- needs our support. She said that Suaram. ment and humiliation of Beng the public can give their support Hock and his family, deliberate by: A group of five people from the delays to the hearing and with- “Malaysians for Beng Hock” cam- holding of evidence from the trial. • signing the on-line petition

Aliran Monthly : Vol.30(8) Page 2 EDITOR'S NOTE

Justice in Malaysia – or the lack of it – is our focus in this issue. CONTENTS

Teoh Beng Hock – and others who have perished – are not forgotten. P Ramakrishnan calls for a royal COVER STORY commission of inquiry to replace the discredited ••• Remembering Beng Hock In Penang 222 inquest. He was speaking at a civil society forum in ••• Discontinue Beng Hock Inquest 555 Penang to mark the young aide’s sudden death. S H Tan reports on the forum. Charles Hector looks at the big picture of custodial deaths and calls on the government to end this plague. FEATURES ••• Labour Law Amendments 888 Key Performance Indicators (KPIs) have been intro- ••• When KPIs Enter The Courts 121212 duced in court to improve efficiency. But the preoc- ••• The Cost Of Cheap Shopping 161616 cupation with the speedy disposal of cases may come ••• How Selangor Won Over at the expense of justice, warns the Penang Bar Com- The Orang Asli 212121 mittee. ••• Stop The Cover Up : Disease On a different note, many of us shop in hypermarkets Does Not Discriminate 262626 for the best bargains but Max F tells us that cheap ••• The Quest For Justice Continues 343434 shopping comes at a price: the more consolidated ••• Deaths In Custody 404040 the retail market becomes, the easier it will be for large corporations to exploit farmers and other small suppliers. REGULARS Workers too are being squeezed. Proposed labour ••• LettersLettersLetters 363636 law amendments do little to remedy long-standing ••• Current Concerns 393939 injustices for employees, points out Syed Shahir Syed Mohamud. OTHERSOTHERSOTHERS Finally, Angeline Loh urges the authorities to be more transparent about outbreaks of diseases: ef- ••• Subscription Form 383838 forts to raise public awareness of leptospirosis prevention measures appear to be more low key in contrast to past and ongoing health campaigns for dengue, SARS and AH1N1. Published by Persatuan Aliran Kesedaran Negara (ALIRAN)(ALIRAN)(ALIRAN) 103, Medan Penaga, 11600 Jelutong, Aliran is an organisation for ‘social democratic reform’. We advocate freedom, justice and Penang, Malaysia. solidarity; comment critically on social issues, offer Tel: (04) 658 5251 Fax: (04) 658 5197 analysis and alternative ideas keeping in mind Email (Letters to Editor): the national and global picture based on universal [email protected] human rights and spiritual values. We are listed on the on the roster of the Economic and Social Council of Email (General): [email protected] the United Nations. Founded in 1977, Aliran Homepage : http://www.aliran.com welcomes all Malaysians above 21 to be members. Contact the Hon. Secretary or visit our webpage. Printed by Konway Industries Sdn. Bhd. Plot 78, Lebuhraya Kampung Jawa, 11900 Bayan Lepas, Penang

Aliran Monthly : Vol.30(8) Page 3 http://www.petition online.com/j4bhmacc/ petition.html Beng Hock was only a witness but • attending public forums and he paid the price for it with his life. helping to spread awareness • showing support by wearing the “Malaysians for Beng Hock” campaign T-shirt on Saturdays and Sundays to remind people and to keep the campaign alive. • donating or volunteering for the “Malaysians for Beng Hock” campaign. The campaign website is here http:// malaysiansforbenghock.word press.com/about/ • attending at least one of the hearings in KL to give the family support with our presence.

‘Change the urgent need to transform the po- sion. He reminded the panel that government!’ lice and enforcement units and the commission recommenda- their procedures. She questioned tions in the past have remained Ramakrishnan raised several the transparency of the police as recommendations up till today questions in his speech. He asked when there are so many deaths in and the federal government does why Beng Hock was grilled non- police custody. She called for an not seem to have the political will stop for nearly 11 hours till about immediate Royal Commission to to do anything. One of the panel 3.45am in the morning when he investigate the cause of Beng members replied that if the was only a witness to an alleged Hock’s death. The Commission present government does not corruption case involving slightly must have a transparent commit- want to change the system, then over RM2,000? Is it believable that tee comprising members with un- the rakyat can change the Govern- Beng Hock died without the yielding integrity. We cannot al- ment in the next General Election. knowledge of any MACC offic- low another Beng Hock case to ers? There are far too many why, happen ever again. Nora called on After the forum at the Han Chiang what, how and when in this case. civil society and the public to College ended, a group of ‘Malay- Rama said that important evi- speak out and raise awareness. sians for Beng Hock’ brought the dence has been clearly sup- campaign to the Speakers’ Square. pressed and the AG’s chambers Kin Woon stressed the need for They spoke to a crowd of about a has not acted in a transparent justice for Beng Hock and for all hundred gathered there. This was manner. The investigating officer those who have died in police followed by a declaration of ‘Say had also given contradictory custody. He was concerned that Sorry Day’ in support of the “Save statements on the purported sui- the truth has not been told in the Vui Kong” campaign. q cide note. The whole inquest is a case. He urged everyone to fight sham and Aliran calls for the in- for a torture-free society. We need quest to be disbanded and discon- to find the truth of how Beng Hock This is an edited version of tinued. A Royal Commission died and why. a report on the forum which should be setup immediately to first appeared on the take over the case. During the Q&A session, a mem- sembangsembangforum. ber of the audience questioned the blogspot.com site. Nora Murat said that there is an effectiveness of a Royal Commis-

Aliran Monthly : Vol.30(8) Page 4 COVER STORY Discontinue Beng Hock inquest P Ramakrishnan calls for a royal commission of inquiry to replace the discredited inquest

e are gathered here today WWW to express our solidarity WW with the Teoh family. We are here to express our sorrow over the tragic death of Teoh Beng Hock. We are here to share the pain and anguish that his family is suffering on a daily basis.

Teoh Beng Hock’s death has out- raged the conscience of this nation. It is difficult to understand how his death could have taken place in a security area without the knowledge of MACC officials Now after more than one year, we are who had complete control over the premises. nowhere nearer the truth; no one is any wiser when the findings would Unanswered questions be concluded.

His death has distressed us and has raised many questions of propriety in the manner he was treated by the investigating personnel.

He was on his feet working the whole of Wednesday, 15 July 2009, when he was taken in at 5.00pm for questioning. His cruel grilling continued into the wee hours of the next morning until 3.45am the next day – nearly 11 hours after he had gone into the MACC building. Why should he

Aliran Monthly : Vol.30(8) Page 5 be subjected to this inhuman tor- two months. Now after more than gestion that Beng Hock could have ture when he was taken in as a one year, we are nowhere nearer strangled himself. When asked by witness to help the MACC? the truth; no one is any wiser when Gobind Singh how this could be the findings would be concluded. possible, the DPP Abdul Razak It is public knowledge that one Musa came across as a clown Tan Boon Wah, another witness, We are still in the dark as to what when he tried to choke himself. I who was in the building at the caused his death and who con- wish that he had succeeded and same time as Beng Hock, had tributed to this tragic episode. spared us the torment of listening stated that he had to stand the to his ludicrous cross examina- whole time he was being ques- The mystery surrounding Beng tion of Dr Pornthip! tioned without food, sleep, rest or Hock’s death should have been break. Beng Hock’s session could vigorously and relentlessly pur- There was yet another opportu- not have been any different. He sued to unravel the truth at the nity for him to escape the embar- must have been deprived of food, shortest possible time. But what rassment that he was going denied sleep and rest and sub- we are witnessing is the sad fact through. However, it is a pity that jected to intense questioning for that the inquest has not moved when Abdul Razak asked Dr nearly 11 hours. with the speed this issue deserves. Pornthip if she had jumped off a There is no sense of urgency. All building, nobody took advantage Anyone who had been subjected that we have witnessed are delays of this and to ask him how does to this torture would have bolted and denials adding to the agony one do that! His demonstration from this hell hole when he was and anguish to the Teoh family. It would have ended this comic op- released at 3.45am. Why then is totally unfair to them that they era! didn’t he leave the place in a should suffer this dereliction with- hurry? out any sign of closure to this trag- When one is seeking the truth, no edy. stone should be left unturned; no How, why and when did he die? scrap of evidence should be over- Is it believable that his death took A ‘suicide note’ looked. But – unfortunately – this place without the knowledge of surfaces wasn’t the case with this inquiry. the MACC? There is now a ridiculous attempt According to the investigating of- “How can a bright young man to introduce so-called new evi- ficer, he found a note in Beng walk into MACC office as a wit- dence to suggest suicide. Sud- Hock’s sling bag but put it aside ness, only to return as a dead denly a handwritten note has been because he “did not realise the sig- body?” Lim Kit Siang rightly de- discovered but which was not nificance of it”. What gave him manded to know. submitted as evidence at the be- that right to come to this conclu- ginning of the inquest - nor was sion? His duty and business But after more than one year we this fact disclosed to the lawyers should have been to sieve through are still waiting for answers that representing the Teoh family and every item that was in that sling are not forthcoming to reveal the the Selangor state government. bag for possible clues. But he be- truth. We were told that the find- haved like a clueless clot display- ings would be made known within There was even this absurd sug- ing a total lack of discernment.

It is difficult to understand how his death could have taken place in a security area without the knowledge of MACC officials who had complete control over the premises.

Aliran Monthly : Vol.30(8) Page 6 lie in the first place? What was he trying to cover up? Why should we believe him?

We must unravel the mystery that shrouds his death. But in no way can we reconcile to the possibility of a suicide. Why would a young man about to marry the day after, a young man happily looking forward to becoming a father for the first time, want to take his life!

The Attorney-General’s conduct denly seems to have assumed Sham inquest was no better. The AG’s clarifica- “significance”. tion - that when this note was fi- The inquest into the death of Teoh nally brought to his attention on This so-called “new evidence” Beng Hock has been totally dis- 7 October 2009, he wanted further has unfairly disrupted the entire credited. It has turned out to be a investigations to be carried out - proceedings and made the inquiry sham inquest. Nobody is going to is indeed baffling. He should untenable. If it had been tendered believe the coroner’s verdict. have tendered this note to the coro- from the very beginning, the trend ner for the court to determine its of questioning would have taken It is Aliran’s stand that the inquest authenticity and relevance to the a different form and direction. should be disbanded and discon- case. To submit this so-called tinued; it should make way for the “new evidence” some 10 months There seems to be a serious con- setting up of a Royal Commission later is totally unacceptable. It tradiction in the statement issued of Inquiry. Anything short of this only raises questions of ethics and by the AG’s Chambers as to when would be a travesty of justice. Only propriety. the note was discovered. In Para- a Royal Commission can deter- graph 4, the statement reads: “Ac- mine what caused his death and From whatever angle one may cording to the investigation of- who contributed to this tragic epi- look at this situation, there is only ficer, it was not found when he sode. one inevitable conclusion — evi- first searched the deceased’s sling dence has been clearly and sur- bag after the incident.” But in Someone who had suffered terri- reptitiously suppressed. Paragraph 10, we are told: “How- bly in the Nazi death camp put it ever, recently the investigation of- rightly: “There may be times when Instead of assisting by all means ficer owned up by admitting that we are powerless to prevent injus- to arrive at the truth, the AG’s he did in fact find the note when tice, but there must never be a time Chambers have not acted in a he searched the sling bag on July when we fail to protest.” transparent and honest manner 17...” What then is the truth? by hanging on to this so-called Yes, we couldn’t prevent the in- “new evidence” that now sud- Why did the investigating officer justice that was meted out to Beng Hock but we can protest to express our outrage, to demand justice for the Teoh family; to mobilise sup- Why would a young man about to port so that an injustice can be marry the day after, a young man remedied. q happily looking forward to becoming a father for the first time, P Ramakrishnan is presi- want to take his life! dent of Aliran.

Aliran Monthly : Vol.30(8) Page 7 LABOUR Labour Law amendments Pro-Employer or Pro-Worker? Pro-Justice or Anti-Justice? by Syed Shahir Syed Mohamud

he Malaysian Trades The correct procedure is to bring TT Union Congress whatever amendments the gov- TTT (MTUC) has long been ernment intends to make to labour concerned about exist- laws to the NLAC first, before they ing employment laws, amend- are tabled before Parliament. ments to labour laws and govern- Hence, MTUC is certainly out- ment policies which of late seem raged by this bypassing of the to favour employers more and NLAC. more. Before I proceed to look at some of The Malaysian government has the government-proposed labour been planning new amendments law amendments, I would like to to the Labour Laws, i.e. Employ- talk about some of the labour law Syed Shahir ment Act 1955, Industrial Rela- amendments that the MTUC be- tions Act 1967, and the Trade lieves we need to better protect Unions Act 1959, since early this workers’ rights and to reduce vio- year. The first of these amend- lations by employers. ments that has come before Par- liament is D.R.25/2010 (Employ- a) No penalty, ment (Amendment) Bill 2010). no deterrence

Alas, much needed amendments At present when an employer vio- to our employment laws to rem- lates a worker’s legal rights with edy current injustices have again regard to wages, overtime pay- not been included in D.R.25/2010 ments, rest days, paid public holi- (Employment (Amendment) Bill days, paid annual leave, paid sick 2010). In fact, the amendments leave or hospitalisation leave, ma- stance. There is no additional pen- proposed in this Bill, did not even ternity leave, etc, at the end of the alty imposed on the employer for go through the National Labour of the day, if the employer is found breaking the law, and hence there Advisory Council (NLAC), a tri- to be guilty, he is required to pay is no deterrence. partite body representing the gov- the worker only what he should ernment, workers and employers. have paid at the very first in- In fact, many bad employers will

Alas, much needed amendments to our employment laws to remedy current injustices have again not been included

Aliran Monthly : Vol.30(8) Page 8 just continue to deprive workers to an end upon termination. more that three months. After that, their legally recognised worker Hence they are denied the chance the employer has the option to ter- rights, knowing that even if their to seek a remedy or to continue to minate; continued employment workers do complain to the au- fight for their rights in Malaysia. beyond three months should be thorities, at the end of the day all The physical presence of the taken as confirmed employment. they are required to pay is just worker in the Labour Office, what they should have paid in the Labour Courts and Industrial d) TU membership very first place. There must be a Courts is needed for their claims must extend beyond penalty imposed, say maybe, a to be heard and determined. We wrongful termination sum of not less than RM10,000 need an amendment in the Em- and not more than RM50,000 for ployment Act, i.e. an inclusion of According to section 26(1A) of the each violation. Such an amend- a section similar to those found Trade Unions Act, trade union ment would certainly be a deter- now in sections 5 and 59 of the membership ends when the rence to employers violating work- Industrial Relations Act 1967, worker is terminated. This means ers’ rights. Maybe, all or part of which prevent termination/dis- that when the worker most needs this additional penalty should be crimination against workers who the assistance of the union, espe- paid to the affected worker. claim their rights as provided for cially in cases of wrongful termi- in the Employment Act and other nation, the current law denies him b) Terminated/ labour laws. TU support. discriminated if workers claim rights c) Maximum 26 (1A) now states that “No per- probation period son shall join, or be a member of, or be When a worker lodges a com- must be defined accepted or retained as a member by, plaint at the Labour Department, any trade union if he is not employed many employers act against the Employers sometimes do not take or engaged in any establishment, workers, either by terminating the necessary steps to confirm trade, occupation or industry in re- them or by discriminating against employment. Hence, even when a spect of which the trade union is reg- them. Yet there is no provision in worker has served for several istered.” the Employment Act 1955 that years, the employer might still deters this kind of retaliation by claim that the employee is still on There are many other necessary employers on workers who are probation. Note that the remedy amendments, which are pro-jus- just exercising their legal rights. It available to a probationer is less tice. I have just given you a little is worse for migrant workers, be- than that available to a confirmed sample of required amendments cause their very legal existence in worker. There must therefore be a to ensure that justice is done. Malaysia is based on the work law that limits the time that a pass obtained on application by worker can be on probation, and Government their employer, which also comes reasonably this should not be proposed new amendments, 2010

Since early 2010, the government has been talking about new When a worker lodges a amendments to the labour laws - complaint at the Labour the Employment Act 1955, the In- Department, many employers act dustrial Relations Act 1967 and the Trade Unions Act 1959 against the workers, either by terminating them or by The MTUC came up with a position paper dated 21 April 2010, discriminating against them. which not only responded to the government’s proposal but also offered new amendments needed.

Aliran Monthly : Vol.30(8) Page 9 We were not given the actual ‘ kanggani’ system and the like in long as the worker is ‘supplied’ wordings of the provisions, just a Malaya, effectively abolishing the by the ‘contractor for labour’!. general idea of what it would en- middleman or the ‘contractor for tail. labour’ as employers. The EA at Hence, the inclusion of ‘contrac- the same time established two tor for labour’ in the EA will To date, we have received only the very important principles of law slowly and surely suppress the D.R.25/2010 (Employment which are sacrosanct. They are: a) wages of all classes of workers, be (Amendment) Bill 2010). But we security of tenure – ensuring per- they white or blue collar workers. expect Bills soon to amend the In- manence of job; and b) proprietary dustrial Relations Act 1967 and right to the job – where the termi- It must also be pointed out that the Trade Unions Act 1959. nation of a worker shall be with the existing provisions in Parts just cause and excuse and by due VI, VII, XIIB, XIII, XIV and XV in Here, I shall deal with just two process. the current EA provides for work- major points ers under contractors and sub- These new amendments do not contractors, agents (please refer to 1 . “contractor for labour” adhere to the basic tenets of the definition of employer), any per- original EA. The inclusion of son or any establishment where 2. The proposed extinguishing of these clauses would reduce the any commerce, trade, profession the right to claim wrongful ter- worker under the “contractor for or business of any description is mination for certain classes of labour” to a new sub-class of work- carried on [please refer to 63A) (1)] workers. Every worker wrong- ers. and therefore there is no need to fully terminated should have introduce such an amendment in- the inalienable right to remedy Additionally, the amendment to cluding the proposed 33A. of reinstatement and damages. define ‘contractor for labour’ as employer is also against the De- Unlike the principal employer or “Contractor cent Work Agenda, as it: the contractor who carries out for labour” work, the ‘contractor for labour’ • does not provide opportunities or labour supplier: Here, the intention is to make ‘con- for work that is productive; tractors of labour’ employers of • does not deliver a fair income; • does not own the means nor workers, and this is what we op- • does not provide security in the the factors of production or pose. workplace and social protec- services and has no knowl- tion for families; edge on how to carry-out work; The amendments define and state • offers no prospects for per- • does not possess capital nor that a ‘contractor for labour’ sonal development and social technology nor are they inno- means a person who contracts integration; vators and definitely are not with a principal, contractor or sub- • instead, the proposed amend- wealth generators; contractor to supply the labour ments contribute towards the • are actually parasites living off required for the execution of the creation of a new sub-class of the blood and sweat of the whole or any part of any work workers. workers they ‘possess’. which a contractor or sub-contractor has contracted to carry out for The amendment also directly con- Indeed, if ‘contractors for labour’ a principal or contractor, as the tradicts the Prime Minister’s goal are considered as employers, the case may be. of achieving a high-income-earn- MTUC foresees a nation of working country for a labour supplier ers subjected to the whims and At the onset, it must be pointed is allowed to siphon off as ‘com- fancies of labour contractors. In all out that, with the introduction of mission’ (or whatever other term likelihood, the days of permanent the Employment Act (EA) in 1955, we prefer to use) part of the al- employment under principal em- the then British Administration ready low wages earned by the ployers might come to an end and effectively abolished indentured workers from the principal em- we will be going back to the dark labour, bonded labour, the ployer on every pay-day - for as days of indentured and bonded

Aliran Monthly : Vol.30(8) Page 10 labour as was the case before any punitive damages in cases ing for the industrial court and/or Merdeka. where in all fairness there must labour court matters to be completed. be another provision for the Court Also, labour suppliers as employ- to take into account the pain and There is also the need for the set- ers will legitimise human traffick- suffering of the poor worker when ting up of Industrial Courts in all ing involving both locally and for- he was dismissed. Now there are major towns in Malaysia, maybe at eign workers. Workers under the no provisions for punitive dam- least where there exist a High Court. ‘possession’ of labour suppliers ages in cases where employers are probably the least known form acted wantonly in dismissing With regard to Labour Court/In- of slavery today. their employees. dustrial Court matters that end up in the High Court and/or higher Right to claim justice The MTUC is of the opinion that courts, there must also be a provi- when unjustly or damages and remedy must be left sion that there be no order as to costs wrongfully terminated to the discretion of the Courts. Just for really the worker cannot afford because of one or two cases of to pursue his rights further at this The proposed amendments by the highly paid directors/general level if there is a risk that he be government we believe will also managers being awarded huge forced to pay costs. Hence, em- deprive certain classes of workers the sums by the Industrial Court – this ployers with deeper pockets will right to claim justice when they are does not justify amending the law always win as poor workers will unjustly/wrongfully terminated be- to discriminate against poor no longer be able to fight at these cause: workers. Note that most workers ‘expensive’ arenas of justice. • employees with less than one are lowly paid. I draw attention Maybe, there is also a need for ‘court year of service (probationers) to the Human Resources assigned counsel’ for workers when are excluded from seeking re- Ministry’s study of 1.3 million matters go on to High Courts and instatement via Section 20 of Malaysian workers which indi- above, where the fees for these as- the IRA; cated that a shocking 34 per cent signed counsel shall be paid by the • employees earning a basic sal- earn below the poverty line of government or some human resource/ ary of RM10,000 or more are RM720 monthly. (Malaysiakini, 5 labour fund. excluded from seeking rein- August 2010) statement via Section 20 of the Remember, our interest is uphold- IRA; and Again, when employers have been ing the cause of justice for all. Let • employees with fixed term found to have wrongfully termi- not cost or the fear of having to contracts are excluded from nated their workers, they must pay more money in fighting for seeking reinstatement via Sec- also be penalised by having to pay justice be barriers that deny the tion 20 of the IRA if termina- a penalty for their wrong-doing – poor worker justice. tion is as per contract terms. their breaking of the labour laws q of Malaysia. The past amendment of the Sec- ond Schedule of the Employment Of concern also is the real access to Syed Shahir Syed Act only takes into account the justice to a wrongfully terminated Mohamud is president of interests of employers and dis- migrant worker, whereby the pro- the Malaysian Trades criminates against employees, es- cess of a matter coming to the In- Union Congress. (MTUC). pecially those earning low wages. dustrial Court and being heard He delivered this speech at Apart from limiting back-wages to and disposed of can take years, a public forum ‘Labour 24 months, the courts are now and the migrant worker, without Law Amendments? – mandated to take into account the ability to live and work legally What does it mean to post-termination gainful employ- in Malaysia, will almost never get you?’, organized by the ment and contributory conduct. justice. The whole process must Bar Council in Kuala be speeded up, and for the migrant Lumpur on 21 August However, the amendments did worker, they must also be given the 2010.2010.2010. not mandate the court to impose right to work and earn whilst wait-

Aliran Monthly : Vol.30(8) Page 11 JUSTICE When KPIs enter the courts The preoccupation with the speedy disposal of cases overlooks potentially damaging repercussions

t has been more that a performing judges and other ju- II year since the Tracking dicial officers and staff scrambling III System was first intro- to their feet, unfortunately there duced to the courts in are some notable unhappy fea- Kuala Lumpur. Since then, the tures in the implementation of the Tracking System has been intro- KPI, which need to be addressed duced in the courts in almost all immediately. the major towns in Malaysia. A key feature of this Tracking Sys- Speedy disposal tem is the Key Performance Indi- of cases as a cator (KPI) with the speedy dis- measure of KPI posal of cases becoming the “be- all” and “end-all” of the court sys- The introduction of measures and Track & M-(FLJC) Tracks tem in the administration of jus- short time-lines to speed up the tice. This is an undeniable fact. various processes in the adminis- The Penang Bar finds that the tration of justice is indeed much- above-mentioned measures have This KPI, which had until then anticipated and long-overdue in gone a long way in speeding up been kept out of the judicial sys- the following areas: the disposal of cases, extraction tem, took the courts by storm with of sealed orders and originating the sole aim of clearing the back- a) return of sealed copies of process although there are still log of cases which had reached newly registered originating hiccups here and there due to serious proportions. The Court process and applications; shortage of supporting staff and was made to function like a gov- b) return dates for cases and ap- documents, such as draft orders ernment department e.g. the Pass- plications; getting lost after being submitted port Section of the Immigration c) approval of draft orders; to court. Department, which had to issue d) return of sealed copies of or- “y” number of passports in a day; ders and judgments; In these areas of the administra- courts too were given a target to e) pre-trial case management be- tion of justice, we find that the use dispose off “x” number of cases fore hearing dates are given; of time-lines and fixing a rate for in a day. The clearing of the tar- f) video and audio recording of disposal of the tasks as measures geted number of cases meant that trials and open court applica- of KPI as not only useful and ef- the KPI was achieved and justice tions; fective but a sheer necessity. All served! g) significant increase in the lazy personnel must therefore be number of courts, judicial of- weeded out because these are es- Whilst the use of the KPI as a mea- ficers and judicial commission- sentially mechanical tasks which sure of competency and efficiency ers and judges at all tiers; do not require application of judi- for the judiciary served its purpose h) significant increase in the cial discretion or the judicial mind of accelerating the painfully slow number of supporting staff; and may be put on the adminis- wheels of justice and may be ac- and trative conveyor belt without cepted as necessary to get under- i) introduction of the T-Track, A- much thought.

Aliran Monthly : Vol.30(8) Page 12 Lives and Liberty are not involved Malaysian judiciary which, for all deliver or write well-researched in these manual tasks. No one is its shortcomings, was up to now and reasoned judgments because sentenced to death nor loses his still a significant contributor to the Courtrooms have been turned into home by this administrative task. development of the common law “statistical” departments to The use of KPI as a measure of per- by its judicial precedents reported achieve the all important KPI. Jus- formance is therefore fine in these in the law journals. tice must then give way to the areas. number of cases disposed for oth- The question of what constitutes erwise the presiding judge will not The use of rates for disposal of a “backlog” should also be given be considered a “good” judge cases as a measure of judicial ex- some serious consideration for old worthy of promotion. pediency in the courts is, however, and/or dormant files and cases one that needs serious re-thinking do not automatically slow down What is the effect of because of the far-reaching con- or prevent the disposal of newer KPI on the judiciary? sequences it has brought about cases when neither party to such and the repercussions that will actions are interested in pursuing The preoccupation with the necessarily follow. them further. In these circum- speedy disposal of cases over- stances, the Court may call up looks the following repercus- The sanctity and quality of justice such cases for show cause and sions: cannot be sacrificed in the name dispose of them in the appropri- of speed and statistics. Although ate manner. (a) the requirement that judicial we agree that tougher measures time on the bench between 8.30am had to be taken to get the entire It should also be pointed out that to 5.00pm or more is to be spent to judicial system moving at a much although cases of this nature may race against time to clear the “tar- faster speed, it is regretted that the have a minor bearing on the over- geted” number of cases set for dis- emphasis has been solely on the all statistics of “outstanding” posal, failing which the presiding speedy disposal of cases - and all cases, they do not have any direct judge has to explain himself, other important features to create or immediate consequences on the means: - a good judiciary, namely the em- actual number of trial cases that phasis on the integrity of judges are pending hearing or which (i) there is no time at all allowed and judicial officers; having suf- need to be disposed off expedi- during the work day for reading ficient time for hearing and dis- ently. and considering written submis- posal of trials and applications; sions filed by parties, for his own giving due consideration of evi- It must be remembered that judges research and for delivering or dence and arguments and well- are “demi-gods” who determine writing well-reasoned judgments reasoned written judgments, the fate and lives of those who – all of which are important tasks which all are crucial for the de- appear before them; they are for a judicial officer who is tasked velopment of law, have all been looked upon as the fountains of with dealing with the lives and unceremoniously sacrificed in the justice. The speedy justice ex- liberties of the public. The public process. pected to be delivered by the go to court not for speed alone but judges may deprive them of the op- for justice as well. Even the one Courtrooms, which should be the portunity to do justice, which of- hour the judicial officers had from last bastion of justice, have become ten requires long and careful re- 8.00am to 9.00am to do the above the very places where so-called search and deliberation. has now been reduced to half-an- speedy justice or injustice is dis- hour as of 1 July 2010 with the pensed because members of the In time to come, there will not be courts being directed to start at bench are compelled to race to any complaints of delay in the dis- 8.30am, supposedly on the in- meet their judicial KPI. The steps posal of cases but the complaints structions of the Prime Minister’s that have been put in place in the will grow about the quality of the Department; name of speedier disposal of cases rushed justice being handed are in effect steps which will down. Any judge will readily (ii) the judiciary is expected to slowly and effectively destroy the admit that they have no time to carry out all the above tasks in

Aliran Monthly : Vol.30(8) Page 13 their own time, thus relegating sian public can spend more qual- phasis on faster disposal of cases very significant tasks to the side- ity time to raise their families; as a criteria for measuring KPI will lines. We cannot develop a world make many decide to concentrate class judiciary with the present (v) this also affects quality of life solely on disposing off cases at all emphasis on speedy disposal as and health. The number of deaths costs – thus the refusal to allow the only yardstick of a good judi- in the Penang Bar recently has adjournments even on reasonable ciary. International investors may been unprecedented; some report- grounds, a higher rate of DNAAs, shy away when good, reasoned edly due to work pressure. Mem- the demand that cases be closed judgments became scarce. The bers of the judiciary too currently even if witnesses are not available government is rushing around the have no time for exercise and re- for good reasons, the refusal to fix globe to bring investors into Ma- laxation after a full day’s hearing. dates suitable to parties, etc.; laysia and the judiciary should The much-needed opportunity for follow suit by to creating a world judges to unwind and to relax (b) the emphasis on speed as op- class judiciary to complement the with their families, which is es- posed to competence gives an op- government’s efforts; sential for mental, physical and portunity for incompetent and emotional well being in this line low-calibre judges or judicial of- (iii) as not enough time is given of work, has been sacrificed. ficers to make their mark and be for these important tasks, judges Many judges have complained touted as role-models even who are not able to cope with that their health has suffered af- though they succeed only because them resort to short-cuts as a ter the KPI was introduced into of the short-cuts they resort to in means of coping – for instance, the Courts. The consequence of the name of speed. As a conse- striking out of cases, hearing cases this may mean more broken mar- quence of this, good, competent and applications without reading riages, deterioration of relation- judicial officers who still believe the file or, worse still, deciding ships, poor parenting and aban- in giving a good hearing and suf- cases without giving consider- donment of responsibilities on the ficient opportunities for parties to ation to the written submissions family front; and put forward their case and who or oral arguments of parties, etc. write good, reasoned judgments (iv) there is bound to be adverse may find their efforts totally un- A lack of time and opportunity to effects on the mental and physi- appreciated and may eventually do a decent job will more ad- cal health of members of the judi- resort to joining the bandwagon versely affect those handling the ciary at all levels; the constant instead (some in fact have already A-track and M-track cases as they pressure to perform at present lev- done so!); will have to prepare for and hear els daily and the need to remain not just one case a day but many. competent in order not to lose out (c) the emphasis on speed does In some courts, the number of on promotional prospects will not take into consideration that cases coming up before them definitely trigger a host of health there are different levels of com- range from 15 to 40 with at least problems, burn-out, mental de- petence and knowledge amongst four or five cases coming up for pression and emotional problems judicial officers. For instance, a ju- decisions on a daily basis; as as well, and lead to an unhealthy dicial commissioner who has such, the judge must not be forced judiciary in the immediate future. spent all his working life in the to flip a coin to decide the case; Attorney-General’s chambers or The pressure is greatest on Judi- who has done mainly prosecution (iv) having to perform part of their cial Commissioners, who are con- work will need time to familiarise judicial tasks at home means that stantly bugged by the acute aware- himself with the law if he is family life is adversely affected as ness that their contracts may not placed in the civil court. time that is meant for the family is be extended or that they may have usurped by having to read files to wait a long while before they However, once he has been given and write judgments etc. This is are confirmed. Such uncertainties, time to familiarise himself with the contrary to the objective of the whilst it may be good to ensure processes and the law, the Judi- government’s introduction of a that they work hard, nevertheless cial Commissioner may prove five-day week so that the Malay- have negative impacts. The em- himself to be very good in the field;

Aliran Monthly : Vol.30(8) Page 14 but only if his acquisition of (g) the art of advocacy is slowly as joint stakeholders in the admin- knowledge can be harvested and being killed because of the re- istration of justice in Malaysia. It the need to maintain a speed for quirement for written submis- is not intended to play down some disposing off cases remain sec- sions in almost every case. The good achievements after the intro- ondary only; future generation of lawyers will duction of KPIs in Court, as stated be purely solicitors! Why call above. At the same time we can- (d) There will be gradual dete- yourself an advocate when advo- not lose sight of the fact that the rioration in the quality of judges cacy is forbidden in many Courts. present system of concentrating and judicial officers because of only on speed - and without suffi- the lack of emphasis on integ- (h) public frustration with the ju- cient emphasis on quality of jus- rity, acquisition of knowledge diciary will soon increase consid- tice - may mean that we are head- and research, writing of rea- erably because they may find their ing in the wrong direction. soned judgments, judicial tem- cases which had been languish- perament and proper exercise of ing for years in the courts sud- The judiciary cannot be statistics judicial discretion. There have denly being disposed off without driven; it must be justice driven. been so many dos and don’ts much of a hearing. They are not piled upon the bench that judi- able to be represented by, say, a Justice comprehends not merely a cial discretion has been almost senior criminal lawyer of their decision after a case but also a fair completely over-ridden by ad- choice in a capital case or a senior hearing where litigants, lawyers ministrative directives and the civil lawyer in a complex commer- and judges alike are not rushed KPI and some may say that cial case. Their life and liberty may and pressured to complete a case judges are becoming robotic!; be compromised. The client will just to meet the KPI. An unduly then find himself in a position rushed hearing is a denial of a fair (e) There will soon be little or no akin to a heart patient being oper- hearing/trial and consequently a growth in common law in Malay- ated on by a general practitioner denial of justice. One of the com- sia because judges are not encour- and not by the heart surgeon he ponents of natural justice is the aged to, and are not given time to, has so carefully chosen to save guarantee of a fair hearing/trial write reasoned judgments but are his life. to litigants who appear before the told to keep judgments short. As Court. A backlog of cases cannot there is then no need to justify their Conclusion be a reason to deny the litigant a judgments and set out their fair hearing/trial. A fair hearing/ thought process in arriving at de- If remedial measures are not taken trial is as important as a just deci- cisions, judges and judicial offic- to address the above concerns, sion; neither can be sacrificed for ers will not bother to give much then the legacy of the Tracking the sacrifice of one may lead to the thought to decisions they make System will not be a speedy and sacrifice of the other. and there will be an avalanche of efficient judiciary as hoped for, appeals to the appellate courts, but a judiciary that is incompe- This open memorandum is sent which we believe has already tent, poorly-trained and that has to the Chief Justice and Chief Judge taken place; scant regard for proper dispensa- with the hope that our views and tion of justice. Needless to say, in the general views of the members (f) The future of the judiciary is at time to come, the public will lose of the Bar will be taken into con- stake because magistrates are not confidence in the judicial system sideration and that a compromise given the right on-the-job training and foreign investments will look between speed and quality of jus- to become good judges in future – elsewhere. tice can be achieved. q everyone is caught up in speedy disposal of cases and producing It is time to reflect, make adjust- statistics and there is so little em- ments and help to create a judi- phasis on justice in the courts. ciary that the public can be really Mureli Navaratnam is This is of special concern given proud of. This memorandum is chairman of the Penang the impending increase of juris- presented by the Penang Bar Bar Committee. diction for lower courts; Committee, after careful thought,

Aliran Monthly : Vol.30(8) Page 15 AGRI-BUSINESS The cost of cheap shopping

The more consolidated the retail market becomes, the easier it will be to exploit farmers and other small suppliers by Max F

n the time since the su- seen constant growth with con- scarcity that the supermarket II permarket boom ten comitant consolidation since boom took place. III years ago, Malaysian 2000. This is perhaps not to the food shopping habits benefit of consumers or other ac- ... and then Malaysia have undergone a sea change. For tors in the economy. a number of years, total sales in Early attempts at retail the largest supermarkets – Tesco, The “miracle” growth in East internationalisation were expen- Giant, Carrefour – have exceeded Asia created an opulent, forward- sive failures. Retailers found it by some margin the sales of all thinking, culturally exposed de- difficult to break into lucrative other market forms – convenience mographic. This demographic markets because they inevitably stores; sundry stores; hawkers; was termed a “rising middle came up against similarly-sized, dry, wet, day and night markets – class” by analysts – in other better established rivals in unfa- combined. words a group of people with miliar environments. enough money for frivolous ex- In these ten years, there has been penditure. Foreign retailers, with The breakthrough foreign ven- no significant scholarly activist their diverse stock, friendly adver- tures occurred in the mid-nineties or community interest in the tising and modern environment, with successful expansion into functioning of these institutions were clearly intended to cater for post-Soviet Eastern Europe. and their impact on the wider this demographic. Though not as lucrative as US or economy. With such a large and West-European markets, coun- increasing percentage of the con- This demographic was not, how- tries like Poland and Hungary, as sumer ringgit finding its way to ever, what attracted retailers to inchoate market economies striv- foreign hypermarkets and su- East Asia. The main draw was not ing for investment, were easy and permarkets, the market is cer- the opulence of the market, but its cheap to buy into and to establish tainly deserving of such analy- poverty. hegemony. sis. It was not until the aftermath of Post-crisis East Asia exhibited Foreign supermarts the 1997-98 financial crisis that similar characteristics. A collapse arrive in S.E. Asia... foreign supermarkets arrived in in asset values, the introduction Southeast Asia. Foreign super- of financial incentives and IMF Recent news that French supermarkets entered the Thai and (International Monetary Fund) market chain Carrefour is looking South Korean markets in 1998 at prescriptions such as deregula- to sell its Malaysian assets may precisely the point when people tion enabled foreign retailers to seem incongruous with the 45.8 were the very least inclined, or buy into the market, expand and per cent by 2014 growth of the able, to spend their money in dominate – crucially – at low cost food retail market projected by Ma- them. The prosperity of the ’90s and risk. laysia Food and Drink Report Q4 did not attract retail investment; 2010. The food retail market has rather, it was amid conditions of Malaysia’s case does not quite fit

Aliran Monthly : Vol.30(8) Page 16 the East Asian model of retail ex- Malaysia had been hit by a 40 9MP: “New pansion. Malaysia’s more sen- per cent currency devaluation, Agriculture” and sible response to the financial cri- making trade more difficult and contract farming sis spared it from the impact felt imports more expensive. AFTA by Thailand or South Korea. (ASEAN Free Trade Agreement) In 2006, the introduction of the and WTO (World Trade Organi- Ninth Malaysian Plan (9MP) laid While retailers entered Thailand zation) commitments such as the out plans to build through the in- and South Korea in 1998, it was AOA (Agreement on Agricul- duction of a “New Agriculture” not until 2000 that Malaysia ex- ture) had exacerbated depen- an effective “third pillar of eco- perienced the same. So too have dency on the global market, par- nomic growth” out of the ailing the effects of retail expansion on ticularly on food products, and agri-food sector. small businessess than these made it far more difficult to cor- countries been less profound. rect. Though mostly reiterating points made in NAP3 and the 8MP, the In 2000, retailers such as Makro, Stressing a renewed need to find “New Agriculture” concerned Carrefour and Dairy Farm entered profit in the neglected sector, extensive corporate integration in Malaysia. The Committee for NAP3 argued for an increase in the agri-food sector through ad- Wholesale and Retail trade was “productivity and competitive- vanced market linkages and also established, and guidelines for ness” through a commitment to by “moving up the value chain”. retail investment were establsihed “market driven growth”. A The 9MP advocated not just the to protect local traders. strong growth in the sector was gravitation and centralisation of suddenly considered crucial to resources, but the direct comman- Though these measures did to the nation’s sustained economic deering of production. some degree protect smaller actors growth and international com- by disallowing small-scale com- petitiveness. A lack of contiguous land made petition, larger retailers have ex- industrial or large-commercial panded uninhibited. In the agri-food sector, existing farming impossible in large areas production techniques would of Malaysia. In the Northern Cor- These guidelines stipulated a have to be overhauled and the ridor, 83 per cent of the land in large minimum capital invest- entire system of production, sup- 2006 was owned by private ment to be considered for entry. ply and distribution would need smallholders. So long as these This could only be met by larger to be modernised to combat sys- smallholders – mostly Malay over companies who possessed such temic wastage and inefficiencies 55s with low yields – kept control capital, crafting the food retail in existing agri-food supply over their land, a move “up the market into an oligopolistic struc- chains. value chain” would be impossible ture. to accomplish in any serious way, The scale and resources of large and so it became necessary to re- The guidelines at least make retailers had a centralising effect move these smallholders from the available the idea of nationalist on existing supply chains, and process entirely. opposition; however in reality brought a tightening of standards government policy has supported to suppliers which smaller shops In December 2006, Tesco Malay- retail expansion since the begin- could not enforce. Retailers in- sia – the “strategic alliance” be- ning. creased the value-added of prod- tween the UK’s Tesco and govern- ucts and had the potential, which ment-linked company Sime Darby NAP: was realised, to inflate GDP – unveiled a RM60 million, 1,200 Centralising effect through value rather than produc- sq. metre chilled distribution cen- tivity. Retailers also brought a net- tre in Perak which farmers would In response to the financial crash, work of suppliers thereto unavail- approach directly on a contractual the Mahathir government intro- able as well as an own-brand basis. “Within five hours we duced the Third National Agricul- range from company-owned pro- grade, pack and load [products] tural Policy (NAP3) in 1998. ducers. onto our refrigerated trucks that

Aliran Monthly : Vol.30(8) Page 17 go to our stores throughout the “When we talk about agriculture, endangered, yet by centralising peninsula” boasted Azlam Shah you have to have the full value and streamlining production the Alias, Tesco corporate affairs chain. First, you have to have the New Agriculture is better served. spokesman. seed in control. Two, you must have the processing, the value Illusion of price war Contract farming is a legal agree- added. Three, you must have the ment between farmer and corpo- distribution and marketing and Hypermarkets are seen by the ration where the corporation sup- four, you must have branding”. majority of the population as plies material inputs and instruc- cheaper, more diverse and more tions, while the farmer supplies Farmers working in the NCER are convenient than smaller and in- land and labour. By locking farm- obliged to adopt a set of conditions dependent stores. It is often put ers into a contract, a corporation in exchange for support, the forward that the public benefit can determine, down to the small- NCER website (ncer.com.my) en- from a continuous “price war” est detail, what is produced and dorses the development of monoc- raging between retailers. in what manner. ultures, the adoption of capital- intensive, unsustainable farming Hypermarkets and to a lesser ex- Azlam Shah Alias insists that, practices, the use of GM crops and tent supermarkets are used prima- “through contract farming we do the use of pesticides selected at the rily for regular, high-volume shop- away with wholesalers and pass contractor’s discretion. ping trips. The success of all mod- on these savings to our custom- ern retailers has hinged upon en- ers. That’s why we are able to of- Sime Darby’s NCER website al- suring customers return week af- fer fresh vegetables and fruits to lows farmers to “retain ownership ter week. shoppers at affordable prices.” of the land, but will agree to let the land be managed by a single While retailers can be said to com- Farmers removed from body”. With the terms of produc- pete with each other for market decision-making tion dictated entirely by private share, it does not follow that this interest, the word own might ap- extends to product profit margins. Tesco in 2006 sourced roughly a pear to be misplaced; however, it Large supermarket chains know quarter of its fresh produce – meat, has a very specific meaning: while through experience customer loy- vegetables, fruit, seafood etc – from profit accumulates for the manag- alty is better won through heavy contracted farmers. Current fig- ing party, the owner is left to take marketing than by forcing down ures are almost certainly much responsibility for the risk, cost and prices. Schemes such as the cus- higher after the 2009 opening of damage done to land as a conse- tomer loyalty card, targeted adver- another RM300 million centre in quence of the contract. tising and social responsibility are Bukit Beruntung, Selangor. These endeavours to actively purchase centres also make available the The involvement of supermarkets customers. In order to pump possibility for cross-border sourc- in contract farming and other money into expansion, marketing ing for other Tesco ventures in forms of market linkage brings the and keeping shareholders happy, neighbouring countries, benefit- danger of the normalisation and retailers simply cannot afford to ing from AFTA. exploitation of the practice. Strict compete with each other on prices. quality, hygiene and cosmetic Tesco’s partner, Sime-Darby, also standards demanded can be dif- Large savings are an effective authored the government’s NCER ficult for farmers to meet, and can marketing tool; however, the vast “masterplan”, which plots the easily result in spiralling debt if majority of products need not be economic development of the achieved, delisting by the contrac- competitively priced. Northern Corridor until 2025. tor, if not. The illusion of a constant price In a FAMA interview, NCER Contract farming removes small war among retailers is generated “masterplan” architect Ahmad farmers and farming associations by a controlled oscillation Zubir Murshid illustrated Sime- from the decision- making process amongst prices. Prices are con- Darby’s agricultural paradigm: and long-term sustainability is tinually raised and lowered in

Aliran Monthly : Vol.30(8) Page 18 unison so while attrac- eggs, some meat and seafood prod- tive price cuts and spe- ucts are kept low. Competitive pric- cial offers are trumpeted ing exists because these items sat- through sophisticated isfy two important conditions: advertising schemes, customers buy these products in surreptitious price hikes such quantities and with such at- are able to level out profit. tention that they may affect where A natural result of this is a customer chooses to shop, and that each retailer can the cost of competition can be then boast of beating externalised and pushed onto hundreds of competitors’ suppliers and producers. prices. To keep these products at low There are certain prod- price, their supply chains must be ucts which are involved squeezed for profit. Invariably, it in a genuine price war. is smaller actors who feel the Certain fruit and veg- squeeze most. While a large etables, certain fast-mov- brand-name product has the back- ing commercial goods ing of its large producers and can and own-brand fresh resist price cuts, smaller suppli- products such as milk, ers frequently have no capacity to negotiate, and are obliged to accept whatever terms of production are forced upon them.

In cases where items are sourced locally, it is local farmers who pay the price – only a small margin of the retail prices trickles down to the farmer. Under these conditions, farmers must use every advantage available so as to obtain a living wage.

In supermarket food chains it is the living standards and even live- lihoods of its actors that are put to the squeeze – never profit. Mar- keting, expansion, and share- holder dividends are always paid for somewhere down the line, whether by the producer or, however unwittingly, by the consumer.

Oligopolistic structure

This April two bills were ap- proved – one to set up a competition law, the other to police it. It is highly unlikely that the implicit

Aliran Monthly : Vol.30(8) Page 19 collusion amongst supermarkets, or Tesco and Sime’s expansion would be considered ap- plicable, given the vital role they play in government policy.

Carrefour’s recent intentions to leave East Asia is in large part due to its lack of integration in the economy. Rather than innovate or eat into profit margins to compete, the company has simply chosen to exit.

A 2004 study by Universiti Putra Malaysia asserts that the “oligopolistic structure” of the retail market is beneficial because it “results in a highly intense price competition among retailers”.

By now it must surely be evident that this is not the case. It should be taken as axiomatic that if competition exists, profit will be reduced and therefore every attempt will be made to avoid it.

The more consolidated the retail market becomes, the easier it will become to exploit actors within it. Tesco, which was granted permis- sion to take over Makro’s assets in 2006, and has since become the most successful retailer in Malay- sia, should not be permitted to take over Carrefour’s operations. If it does, it will be to the detriment of everyone involved, from farmer to consumer. q

Max F is an activist currently based in Penang.

Aliran Monthly : Vol.30(8) Page 20 MARGINALISED COMMUNITIES How Selangor won over the Orang Asli The Pakatan-led government had from the beginning stated its good intentions for the community - and it has walked the talk. by Colin Nicholas

elow is an excerpt from BB The Road to Reform: BBB Pakatan Rakyat in Selangor. The book, to be launched on Sept 27, is a colla- tion of articles written by 22 au- thors on the achievements and difficulties of the Pakatan state government since taking power 18 months ago.

“I am the politician here,” came the Selangor menteri besar’s words firmly across the dinner table, followed by a kick under it from Eli. “You leave the politics to me.” It was one month after the Pakatan Rakyat coalition got hold of the reins of power in Selangor and PKR, one of the parties in the coalition government, was having their retreat at a hotel in Shah Alam.

Elizabeth Wong, the newly-ap- pointed state executive council member, had arranged for me to “I am the politician here... You sit with the new menteri besar at dinner. The opportunity was for leave the politics to me... I would me to try to persuade him to get the state government to withdraw treat the Orang Asli fairly. All the as one of the appellants in the Orang Asli land rights case that Orang Asli in the state.” was coming up for hearing the next day in the Federal Court.

Aliran Monthly : Vol.30(8) Page 21 photo by Komas photo by Komas photo by Komas photo by Komas photo by Komas

Orang Asli demanding their rights

would seem no different from the previous Barisan Nasional state government.

Besides, I argued in my normal disrespectful way, PKR adviser Anwar Ibrahim had been telling the Dayaks in Sarawak that if the Pakatan came to power there, their land rights would be recognised.

I also argued that to make such a promise and not to withdraw the appeal in the Sagong Tasi case would be a major moral contra- diction, besides being politically destructive to PKR’s chances there. This was what prompted the menteri besar’s “leave the poli- photo by Colin Nicholas photo by Colin Nicholas photo by Colin Nicholas photo by Colin Nicholas photo by Colin Nicholas tics to me” retort.

Also at the same table was the Orang Asli in the state.” The kick reminded me that I was state legal adviser who was try- dealing with a menteri besar who ing to convince the menteri besar Somewhere in my line of argu- was coming from the corporate to go ahead with the appeal. The ment I had suggested to the world and who just wanted the menteri besar himself was in- menteri besar that the PKR would facts in order to make a decision. clined to this view as he wanted look bad, and also come across as The supporting comments from to see the court process to its being deceitful, if it were to go lawyer friends Edmund Bon (left) completion. “Whatever the out- ahead with the Federal Court ap- and Sivarasa Rasiah, who were come,” he assured me, “I would peal. In the eyes of the Orang Asli, also at the table, surely prevented treat the Orang Asli fairly. All the the Pakatan-led government me from being asked to finish my

Aliran Monthly : Vol.30(8) Page 22 meal fast. first-ever full dialogue between a Wong during this period was a sitting menteri besar and the Or- setback, but the Orang Asli also Thinking it over ang Asli community. had other supporters on their side. Just three weeks after the first The menteri besar said he needed This was held in the Bukit Lanjan Menteri Besar-Orang Asli dia- more time to study the matter. In settlement - now called Desa logue, the menteri besar’s research the meantime, he would not with- Temuan in Damansara Perdana - officer, Tricia Yeoh (right), put to- draw from the case but would in- on March 1, 2009. The menteri gether a meeting of legal minds to struct the state legal adviser to ask besar and several state assembly brief the menteri besar on both the for a postponement when she ap- people and MPs listened to the pros and cons of pulling out of the peared in court the next day. This Orang Asli and their situation Sagong Tasi case. was done, and the news got some until the end, further impressing good coverage, including in the the Orang Asli who were used to Lawyers Bon, Augustine An- local papers in Sarawak. invited guests leaving soon after thony and Orang Asli activist Bah they gave their speeches (and so Tony argued for the Orang Asli The Orang Asli legal team was never got to hear what the Orang side, after I had given the back- also impressed (and happy) that Asli had to say). ground of the case. the state government actually took such a stand, and at such But the menteri besar and a num- The state legal adviser still took short notice. But the critical objec- ber of his executive council mem- the line of her employer, the fed- tive remained: to eventually get the bers were still not willing to with- eral government, and urged the state government to withdraw its draw from the Sagong Tasi case. menteri besar to go ahead with the appeal in the Federal Court alto- One (unsupported) fear was that appeal. However, I think it was gether. And in so doing, make a if the state did so it would have to the eminent lawyer, Sulaiman clear stand on Orang Asli land pay millions in compensation to Abdullah, who hit the nail on the rights. the Orang Asli plaintiffs. head for the menteri besar.

To this end, Wong was instrumen- This was not so, in reality, because “Tan Sri,” Sulaiman said with his tal in bringing Orang Asli issues it was the federal government that usual measured confidence, “you and resolutions to the fore in the wanted the land for a federal know very well that you can eas- state. Despite already being the project, so it was the federal gov- ily find the legal arguments to executive council member respon- ernment, not the state govern- support either contention. The sible for tourism, environment ment, that would have to cough first thing Tan Sri needs to do is to and consumer matters in the state, up the compensation for the land. decide what is the morally right she also added the Orang Asli to thing to do.” her responsibilities. The first step Also, it appeared that some coun- was the appointment of a special cillors were wary that if the state It is good to note that in the month officer to assist her in Orang Asli government supported the Orang that followed the menteri besar did matters. This was another first for Asli in their claim to native title the morally right thing and got his any state government. rights, the Orang Asli would soon executive council to accept the be claiming Petaling Jaya and state government’s withdrawal Despite not having a proper bud- Shah Alam, amongst other towns, from the Sagong Tasi case. The get for the new portfolio, Jenita as theirs. The fact is the Orang Asli Federal Court was formally in- Engi, a Temuan woman then at- are already residing in their own formed of the decision on April 23, tached to the Centre for Orang Asli respective customary lands, and 2009, putting the other appellants Concerns, was employed and set while these have been greatly rein a fix. After all, their whole case about putting the Orang Asli on duced in size over the years, it is was premised on the assumption the state’s agenda. With Wong these lands that they are seeking that the land concerned belonged giving directions while she was recognition to. to the state and not the Orang Asli. on self-imposed leave of absence, Jenita set about arranging for the The absence of the Orang Asli ally The Selangor state government’s

Aliran Monthly : Vol.30(8) Page 23 withdrawal from the Sagong Tasi also headed by an Orang Asli. Its for those communities living close case made good copy for the news- task is to document the land sta- to the forest fringe. papers, and certainly made the tus as well as the socio-economic PKR look good in the eyes of the situation of all the Orang Asli vil- Getting consent first public, especially the Orang Asli lages in the state and to come up public. It also became easier to with a plan of action to resolve all Furthermore, a policy of transpar- convince the indigenous commu- issues pertaining to them. ency and inclusiveness practiced nity in Malaysia that the years of by the menteri besar and his gov- uncertainty, expense and sus- In March 2010 Kampung Gerachi ernment has helped prevent more pense that such court cases nor- in Kuala Kubu Baru district be- of the traditional lands of the Or- mally involve could be a thing of came the first Orang Asli village ang Asli being lost to unscrupu- the past by virtue of a simple in Selangor whose residents re- lous developers and land change of government. ceived individual titles to their fraudsters. plots of land. This is another first The menteri besar had kept his for the state government with re- During the reign of the BN-led word. He took the trouble to study gard to the Orang Asli. state government, no less than the matter and made a decision in 8,400 hectares of government- the end. This was perhaps the best The target has now been set to get recognised Orang Asli traditional of the corporate trait in him. at least 30 percent of all Orang Asli lands had been degazetted or villages in the state to be given derecognised as Orang Asli land In the end, a consent judgment land titles before April 2011. Quite and the properties given to out- was reached on March 26, 2010 a tall order in my opinion, but no side individuals, developers, cor- where the federal government, doubt an indication of the com- porations and institutions. LLM and UEM agreed to with- mitment and eagerness of the state draw their appeal and pay the towards making good its promise Often, all this happened without Orang Asli plaintiffs a total of to recognise Orang Asli land the Orang Asli knowing about the RM6.5 million in compensation. rights. deals until they were asked to va- cate their land. Now, however, any More pro-Orang Asli The state government’s approach claim or application for develop- moves towards this goal has been ment or acquisition of Orang Asli multifold. Apart from getting lands in Selangor requires the The state government’s commit- BBTOAS to identify the land is- Orang Asli’s free, prior and in- ment to improving the situation sues, the state is also sponsoring formed consent. of the Orang Asli did not stop at the training of several Orang Asli the Sagong Tasi case. With Wong representatives in community This is yet another first for the back holding the helm of the Or- mapping. Orang Asli in the country. I know ang Asli portfolio in the state gov- of at least one case of an attempted ernment, there was more to come. With help from indigenous ex- deception that was thwarted be- For one, taking the lead from the perts in this field from Sabah, the cause of this policy. Had the state (albeit) short-lived Pakatan Orang Asli community mappers still been under the previous ad- Rakyat government in Perak, are learning to use the global po- ministration, I have no doubt the Selangor, too, established a spe- sitioning system (GPS) and basic developer’s application would cial committee to look into the Or- geographic information system have sailed through the executive ang Asli land problems in the (GIS) techniques to map out their council process without an eye- state. traditional lands. lid being batted.

The Badan Bertindak Tanah Or- The maps they produce will be Land issues are not the only fo- ang Asli Selangor (BBTOAS, important for determining the cus of the state as far as the Orang Selangor Orang Asli Land Task claim to their customary lands, as Asli are concerned. Realising that Force) was launched on May 4, well as being a useful tool in the some of the Orang Asli villages do 2009. It comprises Orang Asli management and conservation of not have electricity because they from all the eight districts and is their traditional lands, especially are too far from the main grid, or

Aliran Monthly : Vol.30(8) Page 24 because they were forgotten by the On the contrary, alternative uses administrations. Department of Orang Asli Affairs of the forest are required in such (JHEOA), the state is working to- areas if the state is to keep the for- Thus, for example, at a time when wards resolving this omission. ests while recognising the rights the federal government is intro- of the Orang Asli to use and man- ducing a new land policy and Mini-hydro projects are now be- age them, if not to own them. In amending the law to further deny ing suggested for these villages, this regard, dealing with oppor- the rights of the Orang Asli to their the implementation of which will tunistic elites among the Orang traditional lands, the Selangor involve NGO support and the full Asli, or ensuring genuine commu- state government is looking at participation and involvement of nity representation, poses another means by which such lands can the community. In the end, the challenge for the state. be protected under state laws and project will be owned and man- other provisions and kept in the aged by the community, who will Getting the support and working hands of the Orang Asli. be given the necessary capacity together with the JHEOA - a fed- training to make sure they can eral government department - is In fact, the Pakatan-led Selangor successfully do it. also a challenge facing the state. state government had from the beginning clearly stated its good Two pilot mini-hydro projects are The state however is willing to go intentions for the Orang Asli in under way now. They also have a it alone if personalities and poli- the state - and it has followed conservation component built into cies do not agree or match. through by walking the talk. the project as the Orang Asli communities are required to be the Rectifying the numerous cases The new politics has come with guardians of the forests in their vi- of fraudulent transfers of Orang the required political will to see cinity. After all, the success of the Asli lands to other parties is Orang Asli aspirations realised. mini-hydro project is dependent on another area the state needs to Still, more should be done such the forest producing a regular flow look into. And these lands must that this philosophy and develop- of water into its streams. be returned. Participatory devel- ment thinking become ingrained opment initiatives should be the and habitual among politicians Challenges ahead method by which the Orang Asli and administrators irrespective of are to progress. And for this to who is running the state in the In fact, forest conservation has be realised, the capacity of the future. q been another strong feature of the Orang Asli needs to be in- Pakatan-led government in creased. Courtesy of Malaysiakini.com Selangor. A moratorium on log- ging in the state was enforced as Only then will they be able to par- soon as the new government took ticipate more fully and with more Colin Nicholas has been over the reins. But because some competence in all matters concern- the coordinator of the Orang Asli lands are in forest or ing themselves. Centre for Orang Asli forest fringe areas there is a fine Concerns since its found- Political will line between recognising Orang ing in 1989. He has writ- Asli rights to land and protecting ten and spoken widely on the forests. So when the state government for- Orang Asli and indigenous mally celebrated World Indigenous issues and continues to be The problem is that some Orang Day on Aug 9, 2009 - another first active in Orang Asli ad- Asli are bent on converting their in the history of any government vocacy and empowerment land, especially forest land, to oil in Malaysia - I felt it was a case of efforts. He was also an palm or rubber holdings - and so the Pakatan-led Selangor state expert witness for the Or- become no different than the non- government genuinely wanting to ang Asli in the precedent- Orang Asli smallholders in their empower the Orang Asli who setting Sagong Tasi land outlook and their perception of the have been marginalised and ex- rights case.case.rights forest. ploited throughout the previous

Aliran Monthly : Vol.30(8) Page 25 HEALTHCARE Stop the cover up: Disease does not discriminate

Efforts to raise public awareness of leptospirosis prevention measures appear to be more low key in contrast to past and ongoing health campaigns for dengue, SARS, and AH1N1 by Angeline Loh

Immigration Detention Camp

he Health Minister’s sia since 2009. However, in 2000, Agency of Canada, Infectious Dis- TTT statement in August that the Public Health Agency of eases News Brief, 22 September TT only nine lives “so far” Canada had made a public an- 2000, www.public health.gc.ca) have been claimed by nouncement that several US ath- leptospirosis (The Sunday Star, 22 letes participating in the May 2009 saw a slew of NGO and August 2010) is misleading and EcoChallenge Sabah 2000 became media reports of migrant detainee disturbing. ill with fever and muscle aches deaths when the deaths of two upon returning home. Lab tests Burmese detainees in Juru IDC, Leptospirosis fatalities were pub- carried out indicated they had Penang, were followed by news licly known to have occurred contracted leptospirosis from the of six more deaths reported in Sep- amongst Immigration Detention water sports event held in Sabah, tember at the KLIA detention cen- Camp (IDC) detainees in Malay- Malaysia that year.(Public Health tre (NGO Joint Statement, Work-

Aliran Monthly : Vol.30(8) Page 26 ers Hub for Change, 25 Septem- Health Ministry continued to take the six Lubuk Yu, Maran rescuers ber 2009) and two more deaths in a lackadaisical attitude, treating were publicised by the media, the Lenggeng IDC in October the the issue with minimal concern. government’s immediate reaction same year (Charles Hector, 31 The Home Affairs Ministry prom- was to close the forest river recre- October 2009). ised to ensure more hygienic con- ational area (Bernama, 10 July ditions within the IDCs (Pemberi- 2010, www. flutrackers.com). It was also reported by the media tahuan Pertanyaan Bagi Jawab Lisan Water and soil samples were lab in 2008 that there were 1,300 Dewan Rakyat, Rujukan 2098). tested and confirmed to host lep- deaths amongst foreign detainees tospirosis and melliodosis bacte- in IDCs due to “neglect”(Charles Although some measures may ria. Leptospirosis is spread via rat Hector, 24 June 2009). Concerned have been taken, there does not urine and can infect other animals NGOs came out strongly against seem to be any adequate or per- and humans. delays in allowing access to medi- manent solution to the problem of cal treatment and at the apparent scarcity of medical treatment in A Hong Kong 2001 -2007 Report government apathy to ensure hy- the IDCs. It was disclosed to the describes the disease as follows, gienic conditions and clean envi- author recently that government ronment within the IDCs and medical teams were not servicing “Leptospirosis is a worldwide other places of detention. This Juru IDC, due to a shortage of hos- zoonotic disease caused by the was only the tip of the iceberg of pital staff. This gap had to be filled genus Leptospira. The bacteria the potential number of lep- by NGO medical teams, which may be free-living or associated tospirosis deaths in the country. provide health care and medical with animal hosts and survive treatment to migrant detainees well in fresh water, soil, and mud Appeals were also made to (Source: NGO). and have been found in rodents, Suhakam. The national human cattle, pigs, dogs, and wild ani- rights institution responded posi- Public and media awareness of mals. Human infection might oc- tively, aptly describing this “ne- the seriousness of the situation cur through contact with water or glect” and delay in allowing de- within the IDCs seemed to die soil contaminated by urine from tainees access to medical treatment down with promises and short- infected animals through skin as a violation of human rights and lived action taken by the govern- abrasions, open wounds or mu- “a serious violation of ...person’s ment to briefly appease human cous membranes; occasional in- right to life” (Charles Hector - Al- rights and migrant rights advo- fections occur through ingestion/ ternative Malaysia, 24 June 2009). cates - until the disease resurfaced inhalation of food/droplet aero- A May 2009 joint statement against recently outside the IDCs in river- sols of fluids contaminated by the denial of timely medical treat- side recreational locations in urine. The disease is normally not ment and squalid, unhygienic con- Pahang (Malaysiakini, 10 July transmitted from person to per- ditions in IDCs following the 2010) and Kedah (The Star Online, son. The incubation period is usu- deaths of the two Burmese Juru IDC 5 August 2010) in Peninsula Ma- ally between 5 and 14 days and detainees was endorsed by as laysia. can be as long as 30 days.” many as 126 internationally based (Source: Communicable Diseases groups and organisations (Charles Government Watch August 19 – September 1, Hector ibid). inaction in 2007, Vol.4 No.18) Peninsula Malaysia Despite these alarm bells, the The symptoms are described as Home Affairs Ministry and the When the leptospirosis deaths of follows,

“We have a right to be informed of disease outbreaks and deaths in places of detention in Malaysia.”

Aliran Monthly : Vol.30(8) Page 27 “The most common symptoms in the Chinese press “not to In a press release on 16 July this persons who have leptospirosis sensationalise” the six Lubuk Yu year, Director General of Health are fever, chills, red eyes, stomach deaths in Pahang. He reassured Dr. Ismail Merican announced ache, vomiting, and diarrhoea. the public that the Ministry knew that out of the six rescuers in The disease is often not diagnosed the cause of the deaths and had Lubuk Yu, two had recovered properly. If the disease is not the antibiotic to treat it (Malay Mail from leptospirosis/melliodosis treated properly, patients can suf- Online, 13 July 2010). and had been discharged from the fer kidney damage, meningitis, hospital and one in Selayang liver failure, and breathing prob- In relation to this announcement, Hospital’s ICU was in a stable lems. In rare cases death can oc- it must be pointed out that in the condition. cur.” IDC leptospirosis deaths, Immi- Source: Press Release, Centres for gration and Health authorities Screening conducted in villages Disease Control and Prevention, were reluctant to disclose the near the site of the disease out- September 13, 2000 cause of death of migrant detain- break “detected six residents with ees. fever” who were said to be in The same government proce- stable condition ( MOH Press Re- dure as in Maran, Pahang fol- Human rights activist Charles lease, 16 July 2010). The risk of lowed the discovery of the dis- Hector said,”Well, we have been infection, he said, was low as ease in Lata Bayu, Kedah with informed that two more Burmese these villages were not involved no further steps taken except to migrants in detention have died in the rescue effort at Lubuk Yu, warn the public to avoid engag- of disease. But what disease? Was Recreation Centre, Pahang. People ing in outdoor water sporting it again Leptospirosis? One of the with skin lesions were advised to and recreational activities until deceased ... died on 22 October stay away from contaminated the “all clear” was given by the 2009. The hospital did not say water and soil, as bacteria was Health Ministry (The Star what disease he died from. He easily spread via these two ele- Online, 5 August 2010) in me- was buried on 29 October 2009.” ments. The public was reassured dia statements relating to these He continues, “We have a right to that leptospirosis/melliodosis incidences in West Malaysia. be informed of disease outbreaks was not contagious as it was not and deaths in places of detention communicated human-to-human. On 13 July 2010, the Health Min- in Malaysia.” (Charles Hector, 31 ister was reported to have urged October 2009) What is disturbing about this gov-

Aliran Monthly : Vol.30(8) Page 28 ernment statement is that the pub- exterminators are sighted around tospirosis and melliodosis in riv- lic are not told how the six villag- local food outlets and residential ers and soil in East Malaysia un- ers contracted ‘fever’ although areas. til after the the Lubuk Yu they were not involved in the river (Pahang) and Lata Bayu (Kedah) rescue effort and apparently had Borneo’s febrile incidents in Peninsular Malaysia. not been in direct contact with the disease experience contaminated site. Moreover, D-G Malaysiakini’s Bahasa Malaysia Ismail Merican’s reassurance and As mentioned at the beginning, version reported on 29 July 2010 apparent confidence that the risk the occurrence of leptospirosis in suspicions that the occurrence of of infection is low is not convinc- Sabah, East Malaysia was already melliodosis (a soil and water bac- ing as the information given is publicised by foreign sources at teria) amongst workers at the ambiguous and raises several least 10 years ago - i.e. the public Bakun Dam project was being unanswered questions. announcement made by the Ca- suppressed by the Sarawak nadian Public Health Agency. Health Department. Officers from However, the Health Ministry This was not the only public an- the state’s health authority announced on 7 August 2010 that nouncement to come out in 2000. claimed they had received a July leptospirosis is now classified as A 21 September 2000 Euro-surveil- circular prohibiting any disclo- a ‘notifiable disease’ (Borneo Post lance report disclosed that 312 sure of information regarding the Online, 8 August 2010). Why did atheletes from 26 countries par- melliodosis cases found at the the need to monitor the situation ticipated in the EcoChallenge Bakun Dam project site. The of- arise, if there was no outbreak or 2000 in Sabah, Malaysia, and sev- ficer interviewed was also prohib- danger of the possible increase in eral cases were diagnosed with ited from revealing the reason for the incidents of infection? leptospirosis. non-disclosure of the information (Malaysiakini, 29 July 2010 - The Ministry says it has repeat- Moverover, “investigations in the ‘Kemungkinan melioidosis edly reminded the public to main- United Kingdom (UK) and United dirahsiakan di Sarawak’) tain cleanliness of the environ- States (US) suggest that a half of ment in living areas, not to allow participants may have suffered Health Ministry Director -General accumulation of garbage that can febrile illness since the race” Ismail Merican and an official attract rodents and other vermin, (Baranton G, Evans M. Lep- from the Department for Commu- and to avoid outdoor activities tospirosis outbreak in Eco Chal- nicable Disease Control (DCDC) and camping holidays until fur- lenge 2000 participants. Euro both denied knowledge of the al- ther notice. The adequacy of this Surveill. 2000;4(38):pii=1523. leged prohibition to disclose in- warning was, however, doubtful Available online: http:// formation on the incidences of as no concrete measures seemed www.eurosurveillance.org/ mellioidosis amongst workers at to be taken apart from making ViewArticle.aspx?ArticleId=1523). the Bakun Dam project. The these media statements. The DCDC official, who remains Health Minister said the Ministry In the intervening period, virtu- anonymous in the report, is said would “distribute leaflets and ally nothing appears to have been to have invited anyone who posters to raise awareness of the mentioned by the government or wanted such information to make diseases” (Yahoo! News, 23 Au- the media of the existence of lep- a request in writing to the DCDC gust 2010).

The Ministry appears to prefer to play down the dangers of lep- Disease does not discriminate tospirosis and ignores the possi- between citizen or foreigner; it bility of rodent infestation, which seems more noticeable with rats simply strikes the most vulnerable seen scuttling around in the open who are exposed to it. in broad daylight. More rats than health inspectors or council pest

Aliran Monthly : Vol.30(8) Page 29 (Malaysiakini ibid). were small, he still stressed that and Lubok Antu one each. Alto- rats were pests and capable of gether 157 people were admitted Disclosures by a management spreading diseases (Borneo Post, to government hospitals through- staff member of a sub-contracted 16 August 2010). out Sarawak for leptospirosis in company for the Bakun Dam 2009 with no reported fatalities Project (BDP) are even more alarm- However, on 12 August, Sibu (Flutrackers ibid). ing. Apparently, a part of the mi- Municipal Council Deputy Chair- grant workforce on the BDP had man Daniel Ngieng advised par- Therefore, at the time of the caught the infection since the start ents and children to avoid the DPCM’s statement, there were of the project last year. Nine deaths Jalan Permai Lake Gardens. The close to 40 known febrile illness had already occurred and 50 more Council was also “mulling over cases in Sarawak and 157 con- had recovered at the time after re- launching a Rat Control Cam- firmed admissions for leptospiro- ceiving medical treatment. Mi- paign to rid the town of the dis- sis within the year. Was this not grant workers contracting the disease- bearing pests” (Borneo Post of concern to the State and Fed- ease had also been repatriated af- Ibid). eral Health authorities? Did the ter recovery as illness was said to absence of known fatalities mean recur even after treatment. Government: that there was no outbreak of the No leptospirosis disease in the Sarawak, when sus- The company management was outbreak pected infection seems to be ris- alleged to have repatriated 10 mi- ing? grant workers last year and some Ironically, on 31 July 2010, (it was claimed) had been repatri- Sarawak Deputy Chief Minister Commenting on the case of a seri- ated without medical treatment. George Chan publicly declared, ously ill Chinese Bakun project Those who had died did not re- “As far as I know, there is no out- worker, he said, “It is just a sus- ceive medical treatment early as break and I have checked the pected case and the condition of they had not reported being ill to medical report from the Health the Chinese man is quite severe,” the management for fear of termi- Department to ensure there is no adding that, “he could not con- nation and repatriation. This panic in the Bakun area because firm if the man is a foreign na- group had been involved in land even though leptospirosis is not tional. “It is not an outbreak. We drilling work and were thus ex- on the list of notifiable diseases, are telling about the disease be- posed to infection. Two workers the administrative notification cause we want to be more and a Belaga villager were at the was implemented in Sarawak in careful.”(Bernama, 30 July 2010) time in the intensive care unit at 2003” ( Bernama, 30 July 2010, Why was there a need for caution Bintulu Hospital. It was feared Flutrackers, ‘Summary of Current when there was no outbreak? that the disease would also Leptospirosis Outbreaks in Ma- spread to workers working on the laysia 2010’). According to the Deputy Chief Murum Dam Project (Malaysiakini, Minister, there were 74 admis- 29 August 2010) He claimed the 29 July sions for leptospirosis in govern- Malaysiakini report to be untrue yet ment hospitals that year. Bintulu, Dr. Hu Chang Hock, Malaysian admitted that, there were “three Sibu, Kuching and Kapit were Medical Association (MMA) sub- positive cases, including two said to have the highest number branch advisor, gave further clari- deaths, in Lubuk Antu and of known incidences. But no re- fication to the public on the causes Bintulu out of the 36 admitted to ported deaths (Flutrackers ibid). and symptoms of mellioidosis/ hospital for suspected leptospiro- leptospirosis. He informed the sis so far this year”. Five cases Not only are the Sarawak State public of prevention measures proved negative and test results government and health authori- and to seek timely medical treat- for the remainder were awaited. ties dismissive of the seriousness ment as soon as symptoms Bintulu had 14 suspected cases, of the situation, the Health Minis- emerged. Despite saying that Sibu eight, Miri four, Kuching try shared a similar attitude by chances of contracting these dis- three, Kapit three, Saratok and saying the situation was under eases in the home environment Sarikei had two each, Sri Aman control and that the “public

Aliran Monthly : Vol.30(8) Page 30 should not be unduly lets to make sure the food they con- regimes. Nevertheless, the govern- alarmed”(Malaysian Mirror, 7 Au- sumed was not contaminated ment acknowledges that this dis- gust 2010). with leptospirosis bacteria. ease is “deadly” (theSun, 15 Au- (Utusan Malaysia online, Berita gust 2010), difficult to diagnose, Pahang Environment and Health Utama, 7 August 2010). With the and there is no vaccine for immu- Local Government Committee destruction of more forested land nity to the infection, the only chairperson Hoh Kai Mun, pub- for urban and residential devel- means of avoiding fatality being licly declared the leptospirosis opment at an accelerated pace early treatment with prescribed “epidemic” over on 2 August 2010 coupled with floods due to cli- antibiotics (NST online, 14 July (Malaysiakini, 3August 2010), mate change, the possibility of the 2010). when no new suspected cases wider spread of febrile disease were reported 28 days after the should not be discounted. Further, although leptospirosis Lubuk Yu cases came to light. Yet, is not a listed notifiable disease 22 suspected cases of leptospiro- Medical and scientific reports under the Centres for Disease sis/mellioidosis were reported on have documented the occurrence Control and Prevention Act Ma- 3 August (Star online, 5 August of leptospirosis since the First laysia (Borneo Post online, 31 2010). Nonetheless, 89 people had World War and the disease has July 2010), it is noted that “... all been involved in the Lubuk Yu been recognised as an occupa- cases amongst soldiers are re- rescue effort and all were diag- tional hazard for army personnel, ported to the appropriate au- nosed with leptospirosis/ particularly those involved in thorities including the Medical mellioidosis (Star online, 6 August jungle operations (Malaysian J Directorate at the Ministry of De- 2010) Parhol 1979, Leptospirosis In The fence by medical officers on the Malaysian Army, V. Supra- ground” (‘Leptospirosis in the An online media portal recently maniam MBBS, MSPH*Staff Of- Malaysian Army’, V. Supra- reported a rise in leptospirosis ficer (Health) Medical Directorate, maniam ibid). cases in Malaysia, claiming the Ministry of Defence, Kuala number had increased fivefold to Lumpur). National Service camps Whiles it is important to protect over 1,400 from 263 in 2004 and in Perak also stopped water ac- the health of those in the armed deaths from 20 to 62 within the tivities after the Pahang and forces who defend our country, the same period (Globe and Mail, Up- Kedah reports (Malaysian Insider, necessity to protect public health date, 23 August 2010). 17 August 2010) should not be diminished. It is also unwise to establish a hierar- Time to wake up Medical research reveals that the chy of rights to health where mi- infection can be acquired through grants and foreign detainees are The Health Ministry as well as indirect contact with “...soil, mud, afforded less rights than any citi- local government health depart- fresh waters, vegetation, food- zen to accessible and timely medi- ments have made numerous pub- stuffs and working place infested cal treatment. Disease does not lic statements about the occur- with rodents” (Asean Review of discriminate between citizen or rence of leptospirosis/ Biodiversity and Conservation foreigner; it simply strikes the mellioidosis disease in various (ARBEC) Jan-Mar 2003). most vulnerable who are exposed locations in the country. Yet, few to it. q of these statements touch on the Yet, efforts made to raise public existence of rats in crowded ur- awareness of leptospirosis pre- Note: At the time of writing another ban areas where food outlets and vention measures in contrast to leptospirosis death in Kedah was re- garbage dumps are more ubiqui- past and ongoing health cam- ported bringing official numbers to tous and conducive for rat infes- paigns for prevention of dengue 10 (Yahoo News, 23 August 2010). tation. fever, Sars, and AH1N1 appear to be more low-key. There is no wide However, Health Minister Liow media coverage emphasising the Angeline Loh is an Aliran Tiong Lai cautioned the general need for stricter domestic and com- exco member public to patronise clean food out- mercial cleanliness and hygiene

Aliran Monthly : Vol.30(8) Page 31 DEATHS IN CUSTODY Continued from page 40 due to neglect’]. This was again re- Was it brought about by pure neg- independence, is also a problem. iterated in ABC News(28 May ligence on the part of detaining au- The public servants’ promotions 2009) about Malaysia detention thorities? depend on the government, and centres ‘violating rights’. The Bar as such most coroners’ indepen- Council tells us that, “...The No one dies because they were dence is also affected by this fac- Dewan Rakyat figure would mean beaten up or tortured, for they will tor; they almost never would want that an average of one migrant dies die by reason of some medical to implicate the police or some in custody almost every day!” - condition that was caused by other public servant in causing Bar Council: Deaths of migrants in and/or aggravated by torture the death. prisons, rehabilitation and detention and/or negligence on the part of centres - Another Burmese migrant the detaining authority. Deaths in police dies in Alor Star Detention Centre. custody have been Public servants, usually referred higher now, compared According to the Malaysian gov- wrongly as ‘government servants’ to the 1990s ernment, between 2005 and 2009, in Malaysia, seem to be just too 78 persons died while in Immi- fearful to implicate the police and Relying merely on data provided gration Detention Centres, and 32 other detaining authorities in by the government, it has been dis- of them were from Burma (Answer these deaths, and would some- closed that there have been 150 given at the Senate dated 26 July times allegedly ‘falsify’ their re- deaths from 1990 until 2004 (10.7 2010). port and findings, by just not in- per year), 108 deaths between dicating in their report indications 2000 and 2006 (18 per year), and, The Malaysian government pro- of torture and abuse, or an opin- 85 deaths between 2003 and 2007 vides figures for differing time ion of even the possibility that the (21.25 per year), 153 deaths be- periods, and the answers also deaths could have been caused by tween 1999 and 2008 (17 per year), covers different places of deten- the actions and/or omissions of and 147 deaths between 2000- tion and custody, and this makes the detaining authorities. It is for 2009 (16.3 deaths per year). There it difficult to analyse clearly the this reason that some families/ has been an increase in the num- actual number of deaths in cus- dependents of custodial death ber of deaths in custody until tody in Malaysia. victims would like to have the 2007, and the numbers seem to be right to be able to conduct an in- dropping but it certainly is still Deaths in police lock-ups may dependent post-mortem, but alas higher than the 1990-2007 period. mean just that and may not be the this right is also often denied by total number of deaths in police the authorities. Delays and early One of the reasons for torture in custody, which would reasonably disposals of bodies also make it police custody was believed to be also include deaths that also oc- difficult to carry out independent for the purpose of getting confes- cur outside the lock-up. post-mortems to determine the sions from accused persons, but real cause of these deaths. Further, since September 2007 the new law One also wonders why many of the the courts do not place equal clearly states that such confes- deaths that occur in detention cen- weight on reports of independent sions cannot anymore be used by tres allegedly by reason of illness post mortems/findings provided the prosecution in criminal cases. or some other medical condition by non-government medical prac- Section 113 of the Criminal Proce- happen in places of detention, not titioners. dure Code now states that “….no in hospitals. Surely, a detainee that statement made by any person to dies of a medical condition should The fact that inquests are presided a police officer in the course of a have been in the hospital way be- by coroners who are Magistrates police investigation made under fore the death occurred. That raises and/or Judicial Officers, who re- this Chapter shall be used in evi- doubts as to the real reason for the ally are in fact public servants, dence….’ save in cases where one death. Are conditions resulting in and not Judges, who have the ben- is charged with making a false death brought about by torture? efit of the safeguards that ensure statement to the police. One hoped

Aliran Monthly : Vol.30(8) Page 32 that this amendment would have Reforms to prevent recordings that the Coroner’s seen the end of torture and deaths torture and deaths in court could look at. in police custody - alas, this is not custody the case. Death in custody: Since the mid-1990s, the Malay- More needs to One retired policeman told me sian Bar and civil society have be done to end it that one of the problems is the taken up the issue of deaths in quality of persons now being em- custody with renewed vigour. Deaths in custody are still a seri- ployed as police officers. Today, One has to note that the govern- ous problem in Malaysia, and he says that about 90 per cent of ment has responded positively in much more is needed to put an those who apply to become police law and policy, but apparently end to the number of deaths, es- officers would have been rejected this is still not enough. The law pecially those being caused by the because they did not meet the was amended to include, actions and omissions of detain- mark. Alas, the number and qual- amongst others, the right and ac- ing authorities. When a police of- ity of applicants have declined, cess to free phone calls upon ar- ficer and/or a public servant is and the police department has no rest, by shortening the period of found liable for these deaths, the choice but to take what they have. remand orders that can be granted government must take action in A couple of reasons for this: po- by a magistrate at any one time to open court – and stop resorting to lice wages and working condi- now, stopping the practice of secret internal disciplinary action. tions. granting long remand orders of 14 days by magistrates, and the right It may be time also for Malaysia to I, too, have had clients that have to have access to and be repre- ratify the United Nations Conven- been tortured by police but who sented by a lawyer during remand tion Against Torture. Coroners did not want to complain or take proceedings. should also be independent per- any action after he was not sons, not public servants who de- charged. One was just beaten up The Attorney General has also pend on the government for pro- and later asked to confess to some stated that there will be inquests motions and elevations. murder, which shocked him for he for all deaths in police custody. was arrested on suspicion of han- More can be done but it all de- dling stolen property. Many who CCTV cameras were also intro- pends on whether the government do get tortured in custody do opt duced in police stations and po- really has the political will to do to just not complain or take any lice lock-ups. Alas, they did not what is needed to eliminate tor- legal action, choosing to move on have recording capabilities, but ture and deaths in custody in Ma- with life after their unsavory ex- maybe this has changed now laysia. A first step, may be the the perience in police custody. One based on recent report where it Independent Police Complaints lawyer also told me that if they do was stated that police viewed and Misconduct Commission, as complain or make a police report CCTV recordings to rule out foul was recommended by the two alleging police torture, there is al- play in the death of an ex-convict Royal Commissions of Inquiry – ways the risk of police repercus- who was found strangled in his not some watered-down version sions maybe in the form of an al- cell at the Jempol police station on as now being advocated by the legation of making a false state- Monday morning (The Star, 2 Feb- current government. q ment. Evidence of the police ruary 2010, ‘No foul play in wrongdoing is also difficult to get detainee’s death, cops say’). We as many a police officer would really do need CCTVs with re- likely come to the defence of their cording capabilities to be in- Lawyer Charles Hector, fellow officer. This is why Malay- stalled at all places in the police an Aliran member, is co- sia really needs to set up the Inde- station, MACC offices, and other ordinator of Malaysians pendent Police Complaints and places of detention and we still do Against the Death Pen- Misconduct Commission, as was not have them. Teoh Beng Hock’s alty (Madpet). recommended by two Royal Com- inquest would certainly have missions of Inquiry. been assisted if there were such

Aliran Monthly : Vol.30(8) Page 33 POLICE & DEATH The Quest for Justice continues ... for Aminulrasyid, Azzamudin, Mohd Afham, Norizan Salleh, Shahril Azlan and A Kugan

Memorandum to Kementerian Dalam Negeri, Putrajaya

s there no justice and rule Amzah, 15 – shot to death dent, and one policeman aimed of law in Malaysia ? Can his weapon at this schoolboy – III the police abuse their Only one policeman was charged ready to shoot but only stopped powers as they please for manslaughter but no charges due to the arrival of another po- and escape the law, justice, crimi- or serious disciplinary actions for lice vehicle. No charges or serious nal prosecution and disciplinary the other policemen involved in disciplinary actions were pre- action for all the unjustifiable and the fatal shooting of the juvenile ferred against any of the police unlawful shootings, deaths in driver of a car and the subsequent personnel involved. custody and torture? cover up of the case by making false allegations and fabricating * October 2009, Mohd Afham We are here to remind Home Min- evidence against Aminul and Arin, 18 – shot to death ister Hishammudin Hussein of Azammudin, including Selangor the serious cases of police brutal- CPO Khalid Abu Bakar. There He was shot dead by the police. ity over the last 2 years that are was also no apology from the po- His friend Mohd Firdaus still awaiting justice and answers. lice or government officials but Marsani, 19, who was also shot The family members, survivors, instead they sought to blame the at, said that three unidentified supporters and their lawyers will parents for not watching their chil- persons (who later turned out to not be deceived by the authorities’ dren. be plainclothes policemen) on half-hearted actions on these motorbikes chased their motorbike cases while hoping that in time, * April 2010, Azzamudin Omar, and shot at them. The police as the uproar over these cases will 15 – shot at but miraculously es- usual claimed that they were fade away. caped serious injuries criminals and had weapons threatening the police. No charges We remind the Home Minister the Azammudin was Aminul’s pas- were laid against any police per- names of these young Malaysians senger in the car on that terrible sonnel for causing death, grievous and what they have suffered at the night which traumatised the na- hurt or for fabrication of evidence. hands and guns of the police: tion. Although he escaped almost certain death, he was assaulted by * October 2009: Norizan Salleh, * April 2010, Aminulrasyid several policemen after the inci- 30 – shot five times but miracu-

Can the police abuse their powers as they please and escape the law, justice, criminal prosecution and disciplinary action for all the unjustifiable and unlawful shootings, deaths in custody and torture?

Aliran Monthly : Vol.30(8) Page 34 lously survived perpetrators. After tremendous criminal charges and disci- public pressure, only one low- plinary proceedings that com- The single mum was shot five ranking police constable was mensurate with the offences; times by the police while travel- charged for causing grievous hurt. ling in a car with another person. 2. Set up the Independent Police She was then pulled out from the With a new IGP at the helm of the Complaints and Misconduct car and kicked and beaten. There police force, we urge the Minister Commission (IPCMC) as rec- was no lawful basis for the police to take this opportunity to make a ommended by the Royal Com- to open fire at the car as at no point clean break from the police’s long mission to Enhance the Opera- were the police in danger. No tarnished history and reputation tion and Management of the charges have been filed against of brutality and impunity, their Royal Malaysia Police in 2004; any of the policemen involved trigger happy acts, corruption despite an undertaking given per- and perceived role as the protec- 3. Review and make public the sonally by the Home Minister to tor of the rich and powerful and standard operating proce- Norizan that action would be the oppressor of the poor and dures for the use of firearms taken. weak. The Minister is responsible and custodial detention/inter- for restoring public confidence in rogation; * April 2009: Shahril Azlan, 26 – the credibility, trust and profes- shot onceonceshot sionalism of the police force 4. Propose that the Prime Minis- which even the most blinkered of- ter and Cabinet publicly He was shot for trying to avoid a ficials will acknowledge is ex- apologise to victims and sur- road block due to the car’s expired tremely low. vivors and accept unreserved road tax. The police also at- responsibility for the unlawful tempted to accuse the victim of There is no short cut in the road to actions of the police force, drug possession and left him there police reformation and redemp- which they have shielded from for two hours before an ambu- tion. Hard decisions will have to criticism and reform. lance arrived. He was offered a be made and those in power and few hundred ringgit to cover his positions will certainly attempt to Submitted by Lawyers for Liberty medical cost by the police and was resist. Despite all the failed prom- and the family members/ survi- promised that action would be ises and half-hearted attempts to vors taken against the police person- placate the public, civil society nel involved but nothing was and the many victims and survi- www.lawyersforliberty.org forthcoming. vors of police brutality, we strongly urge the Minister to com- Lawyers for Liberty is a human * January 2009: A. Kugan, 22 – mit to do the following: rights and law reform initiative tortured to death while in police that seeks to challenge the many custodycustodycustody 1 . Bring without fear or favour unconstitutional, arbitrary and the police perpetrators (includ- unreasonable decisions and acts The most shocking death in po- ing the CPO of Selangor and perpetrated by the government, its lice custody in recent memory – outgoing IGP Musa Hassan) to agencies and other public authori- Kugan’s scarred and tortured justice including for serious ties. q body shocked the entire nation. Not only did a healthy young man die after being in police custody for five days with obvious signs There was no lawful basis for the of torture, the police and hospital police to open fire at the car as authorities attempted to cover up the death by stating that he died at no point were the police in due to “fluid in his lungs.” No danger. one was charged for the murder despite the known identities of the

Aliran Monthly : Vol.30(8) Page 35 to build a world that is prosper- that non-Muslims in Sabah and ous, progressive, peaceful, and Sarawak be allowed to use the safe thus enabling it to compete word, while those in the penin- with the other communities in the sula are banned seems incompre- world”. hensible.

Now having read that, let us ex- Cow-head Protest: Hissam- amine several unsettling inci- mudin’s infamous defence of this dences since its inception which disgraceful extremist act. have resulted in an absolute fail- Letters must not exceed 250 ure of this vision thus far: Umno PosterboysPosterboys: Who could words and must include the ever forget the “pendatang” com- writer's name and address. Mahathir FactorFactor: The longest serv- ment of Ahmad Ismail from Pseudonyms may be used. Send ing former Umno president/PM Penang, then Najib’s aide Nasir letters or emails to Editor (see of Malaysia was labelled the “fa- Safar’s remarks that Chinese page 3 for address details). ther of all racism” by an Umno women came as prostitutes and Views expressed need not reflect cabinet minister last year. Not sur- Indians as beggars, and Penang those of Aliran. If e-mailing, prising therefore that he appears Umno politician Azhar Ibrahim’s include message in the e-mail unconvinced publicly about the May 13 threat? body itself. 1Malaysia vision. Recently, he went as far as to conclude that Biro Tata Negara: Racism isn’t 1Malaysia: even the newly proposed New born; rather it has to be taught. Only 1 Option Economic Model (NEM) which BTN courses serve this purpose supports “merit-based” policies surely. Muslim civil servants have After 53 years of Independence, it are clouded with a racist agenda, long complained that their teach- is crucial to note that we are a na- prompting Zaid Ibrahim to diag- ings cultivated racism instead of tion divided as never before in the nose him as having a psychologi- nation building. Instead of being history of the country. While po- cal disorder. the catalyst in promoting the litical ideologies may differ from 1Malaysia vision to future lead- both sides of the divide, it is the Malay FirstFirst: Muhyiddin’s insis- ers of our nation, we now have treacherous level of racism that is tence that he is Malay First, and school principals in Johor and most disturbing to the common then only a Malaysian contradicts Kedah churning our racial slurs people today. the very foundation of the 1Ma- reminiscent of Mugabe’s Zimba- laysia vision. Obviously, our bwe or the apartheid regime, It is worth therefore to reflect upon DPM either doesn’t subscribe to surely a result of the BTN indoc- the vision of 1Malaysia, intro- the 1Malaysia vision, or he is trination. duced by Najib in 2009, which showing outright defiance of our was meant to unite and regain the PM. Utusan Malaysia: The mouth- country’s moderate image after piece of Umno has been propagat- years of racial politics that has Allah Issue:Issue The issue of non- ing outright racial commentaries, divided our country. Muslims using the word would recently suggesting a massive not have been an issue in the first ‘war’ to take place shortly be- Going through some government place had the Umno-led govern- tween the Malays and non- websites, I came across the 1Ma- ment respected the legitimate Malays. How and why Utusan re- laysia concept paper. Here’s one rights of other faith communities. mains defiant and bold in its re- key point that stood out particu- Even Pas agrees that historically, porting indicates clearly the stand larly clearly: “Malaysians, regard- the word “Allah” predates Islam, taken by its owners. less of race or religion need to with the word being used by other think and act as one race, that is faiths in all other Muslim-domi- Doa by the Penang Khatib: In- the Malaysian race, that thinks nated countries worldwide. A stead of investigating first, and acts towards a common goal suggestion by an Umno leader Penang Umno chief Ahmad

Aliran Monthly : Vol.30(8) Page 36 Zahid sensationalised the matter to leave Umno and form an alli- as it was in Chinese characters. almost into a racial catastrophe. ance with the true believers of As it turned out, the preacher con- 1Malaysia before they face extinc- Even an amateur CSI enthusiast firmed it was his own doing with tion from the political landscape would have looked at all docu- no directives from Guan Eng as of the country. ments, especially the ones that originally insinuated. Religious could not be understood. Surely differences aside, since when does It is worth remembering these all evidence no matter how small praying for someone from a dif- words by Bobby Seale: “You don’t or big must be listed down in an ferent faith warrant a police case? fight racism with racism, the best investigation. way to fight racism is with SOLI- Sabahans bullied: From the agree- DARITY.” The list of evidence should also ment to rotate the Chief Minister, be tendered as court exhibits for Umno has taken a firm grip of this As we celebrate this Merdeka and all to see and scrutinise. position, recently publicly de- Malaysia Day, let us all, Muslims manding seats that historically and non-Muslims alike, unite to It is amusing that the IO only went belong to BN component parties. accomplish the vision of a peace- back for a second look after the ful, just, and truly independent psychiatrist apparently said that Perkasa/MPM: An off-shoot of Malaysia. there could most likely be a note Umno with Mahathir and Ibrahim in suicide cases. Ali leading the pack, this group Christopher Barnabas advocates extreme racial politics PenangPenangPenang An experienced IO should have to disgusting levels. known this at the start of the in- Magic note at inquest vestigation, especially if the case Surely there are more points to be had been classified as suicide added, but if we just examine from the initial stages. these ten facts, it is clear that the I refer to the 'magic'note that has positive intentions of the 1Malay- emerged in Teoh's inquest that has Looks like this is definitely a mys- sia vision have failed miserably many people jumping up and tery case for Inspector Clueso, since its highly publicised launch down. Pink Panther and Hercule Poirot last year. to solve! The Investigation Officer (IO) The only option for success is claimed that he originally did not CSI Amateur therefore to eliminate the root realise the significance of the note Kuala Lumpur cause of the problem, which is none other than Umno. Collec- tively as a party, Umno is beyond transformation. It is an institution that thrives on extreme ethnic and tribal sentiments, even confirmed as being a racist party by Mahathir last year.

However, not everyone in Umno can be considered as being the antithesis of 1Malaysia, judging by some refreshing views from the likes of Razaleigh, Nazri, and Khairy; but individually however, they will be buried with their views within the party. It would be wise for these “transformers”

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Aliran Monthly : Vol.30(8) Page 38 both BN and Pakatan Rakyat politicians particularly over issues relating to press freedom and freedom of information.

If a free and responsible press is the cornerstone of a democracy, then the political and legal con- straints that have been placed against journalists and cartoonists, among others, must be removed to promote democracy, the free flow of information and honest journalism. In the case of Ma- laysia, the Sedition Act and the A record of Aliran'sAliran'sAliran's stand on current affairs. Printing Presses and Publications Act must be repealed.

Zunar’s arrest no If expressing views that are criti- We urge the government to release laughing matter cal of the government and its poli- Zunar immediately and uncondi- cies are deemed to be an offence, tionally and to show maturity and Charter 2000-Aliran condemns then this unfortunately may be tolerance when poring over criti- the unfair and unwarranted de- construed as a warning to not cal cartoons such as Zunar’s. A tention of cartoonist Zunar by the only other cartoonists but also sense of humour might help to Malaysian government last night critical political commentators, lighten up the nation! as it violates the basic principle of analysts and oppositionists. freedom of expression in a democ- Dr Mustafa K Anuar & Anil Netto racy. Given the severe political con- Coordinators straints that exist in our society, Charter 2000-Aliran The police have also seized 66 we commend Zunar for his cour- 25 September 2010 copies of Zunar’s latest book, ‘Car- age in soldiering on. His arrest toon-O-Phobia’ – a worrying tes- and harassment will not deter timony of the state of freedom of him from his mission to expose expression in the country. the dirt in our political system.

Known for his wit and grit and Amidst this darkness, there are critical observations of Malaysia’s rays of light. We would like to con- political scene through his hilari- gratulate the new president of the ous sketches, Zunar has always National Union of Journalists of shown his determination in call- Malaysia, journalist Mohamed ing a spade a spade. He has effec- Ha’ta Wahari, for being bold and tively exposed abuse and corrup- brave in championing the freedom tion in a simplistic manner, which of the press in the face of criticism a thousand words would find dif- and political pressure from ficult to achieve. He should not be within and outside Utusan Ma- penalised for doing a great service laysia, where he works. It is com- to the nation even if his views mendable that Mohamed Ha’ta came into conflict with those of has strived to be fair and indepen- the powers-that-be. dent by being equally critical of AM 30(6)30(6)AM

Aliran Monthly : Vol.30(8) Page 39 HUMAN RIGHTS Deaths in custody A plague in Malaysia that must be ended by Charles Hector

eaths in custody in Ma- Ahmad Badawi today revealed DD laysia happen and many that 108 deaths occurred during DDD a time, these deaths police custody between 2000 and could have been avoided 2006…’ – Malaysiakini, 23 April if there was sufficient monitoring 2007 and better health care of prisoners and/or detainees in the places On 8 July 2008, the Dewan Rakyat of detention. (Parliment) was informed that there have been 1,535 deaths in The Malaysian government is custody in Malaysia between 2003 slow in revealing actual statistics and last year” ‘…There were 85 and the actual causes of these deaths recorded in police lock-ups deaths. Figures provided by the during the 2003-2007…’ -Bernama, government are often vague and 8 July 2008 this prevents anyone from carry- ing out a proper analysis and In April 2009, it was revealed that reaching a conclusion as to a total of 2,571 detainees died 2000). whether the situation is improv- while being held in the country’s ing or deteriorating. Whenever the prisons, rehabilitation centres Suaram’s 2009 Report stated that government does provide figures, and illegal immigrant detention In 2009, until 5 December 2009, they are often for different periods depots between 1999 and 2008. A there were seven deaths in police and covering deaths in differing total of 153 detainees died while custody, one in MACC custody places of detention. in police custody during the same period (The Star, 24 March 2009, We recall that it was reported in Deaths in Custody – What the 2,571 detainees died in the past the media in December 2008, that Malaysian government has re- nine years). That would mean that “about 1,300 illegal foreigners vealed there were a total of 2,724 deaths have died during detention in the in custody but then does this in- past six years, Malaysia Nanban In Malaysia “...from 1990 till Sep- clude other places of detention quoted Malaysian Human Rights tember last year [2004], a total of like the MACC, where we do know (Suhakam) commissioner N. Siva 1,583 deaths among prisoners that Teoh Beng Hock died? Subramaniam as saying. He said were recorded in 28 prisons na- many of them died in immigration tionwide, with the highest num- A total of 279 suspects have been detention centres, prisons and ber in 2003 when 279 inmates shot dead by the police between police lockups because they were died. During the same period, 150 2000 and 2009, while 147 died in denied medical treatment at the detainees died in police lock-ups police lockups during the same right time” [The Star, 18 December or custody…”-Malaysiakini, 7 period, revealed Home Minister 2008, ‘1,300 foreign detainees died February 2005 Hishammuddin Hussein today. (Malaysiakini, 28 June 2010, 426 ‘…Prime Minister Abdullah deaths at hands of the police since Continued on page 32

Aliran Monthly : Vol.30(8) Page 40