PP3739/12/2003 ISSN 0127 - 5127 / RM3.00 / 2003:Vol.23No.4

AliranAliran CelebratesCelebrates 25th25th AnniversaryAnniversary

Aliran Monthly : Vol.23(4) Page 1 COVER STORY

Aliran’s 25 Anniversary Dinner Celebration Aliran Will Go On No one can stop Truth from marching on

r Chairman, Distinguished Guests, MMM Friends, Ladies and Gentleman: Let me, first, thank all Aliran members and friends who have sweated hard to make this func- tion a reality. Seeing all of you here this evening, especially those who have come from outside Penang to be with us, I can already say this function is a success.

For this, we are very grateful. We are grateful to the many generous donors and supporters who have kept faith with us and continue to be a source of inspiration in our long and arduous journey to- wards ‘Freedom and Justice’.

We are grateful to our famous friends from the In- stant Café Theatre Company for performing gratis.

Dear Friends and Members of Aliran, you represent the best in our society, citizens who are truly con- cerned with the larger issues that affect us as a na- tion. You represent the conscience of this country. It is people like you who nourish our spirit and strengthen our resolve to continue the good fight.

25 Years Is A Long Time

In historical time, 25 years pass like a mere twinkle of the eye. For a nation, 25 years form a relatively short period.

But, Friends, 25 years is a long time in the life of a society that is dedicated to ‘Freedom, Justice and Solidarity’.

For 25 years, Aliran has stood its ground in a hos- tile environment. Aliran has spoken up fearlessly on numerous issues whether those be corruption in

Aliran Monthly : Vol.23(4) Page 2 EDITOR'S NOTE

Aliran is 25! In terms of historical time, this is but a twinkle of the eyes. Amidst Malaysian NGOs, how- CONTENTS ever, we probably have senior citizen status - and are as poor as pensioners. COVER STORY So we decided to celebrate our 25th Anniversary ••• Aliran Will Go On 222 with a fund-raising bash, which was held on 24 ••• Why Aliran? 888 May 2003 in Penang. The response from the public was overwhelming as people from all walks of life ••• 25 Years Of Telling The Truth 101010 including those from out of town chipped in. We ••• Revelry And Reflection 111111 dare say that they enjoyed the event and by the ••• Messages Of Solidarity 141414 evening’s end our financial position looked rela- ••• Singing Allowed 191919 tively healthier. Rakyat Malaysia Boleh!

In this issue, we carry speeches by Aliran president FEATURES P Ramakrishnan, and founder member ••• Might Has Overthrown Right 151515 Subramaniam Pillay. We also publish messages from ••• Malaysians Against War On Aceh 303030 founder president Chandra Muzaffar, who was ••• An Embarrassment For The State 323232 unable to join us and Kamunting detainees, Tian Chua and Hishamuddin Rais, both of whom have ••• I Was Assaulted Too 373737 since been released. They somehow managed to send ••• Assault In Kamunting 404040 messages that were read out to loud applause. Anil Netto describes an evening to remember. REGULARS Enjoy Singing Allowed - a medley of spoofs of old ••• Thinking Allowed 222222 pop hits that were performed by the Aliran Singers ••• LettersLettersLetters 282828 in their World Premiere. OTHERSOTHERSOTHERS The back page article describes in detail the assault on Tian Chua and Hishamuddin and raises the ••• Free The Six - Redeem Yorself 262626 question whether the Kamunting authorities were ••• The Struggle Must Continue 272727 creating incidences to prolong their detention. ••• Subscription Form 292929

In the light of the assault on Tian Chua and Hisham, Stephanie Bastian points out that the rising inci- dence of custodial violence is proving to be embar- rassment for the state. The detainees’ lawyer Cheah Kah Peng also recounts how he was assaulted at the Kamunting Detention Centre in a complaint to Suhakam. Published by Aliran Kesedaran Negara (ALIRAN) 103, Medan Penaga, 11600 Jelutong, ALIRANALIRANALIRAN is a Reform Movement dedicated to Penang, Malaysia. Justice, Freedom & Solidarity and listed on the Tel : (04) 658 5251 Fax : (04) 658 5197 roster of the Economic and Social Council of the United Nations. Founded in 1977, Aliran welcomes Homepage : http://www.aliran.com all Malaysians above 21 to be members. Contact the Hon. Secretary or visit our webpage. Printed by Percetakan Tujuh Lapan Enam Sdn. Bhd. No. 16, Lengkangan Brunei, 55100 Pudu, Kuala Lumpur.

Aliran Monthly : Vol.23(4) Page 3 public and high places, abuses of Aliran was being used in a man- den political motives”. power, threats to democracy, or the ner ‘prejudicial to, or incompatible need to advance the causes of with, peace in the Federation’. Later others accused us of disre- women, the disadvantaged, the garding the Rukunegara, of being under-privileged, the homeless, Dear Friends, you and I would anti-monarchy, of being anti- the helpless, or the evicted. never believe that a society that Bumiputra, of being frustrated had 55 peaceful and peace-loving politicians. On these and other matters of pub- members could threaten peace in lic interest we have taken strong this country. The mass media had its turn at and principled positions that de- discrediting us. Shaik Osman serve the support of all fair- But we knew then, as we know Majid, wrote a feature article, minded Malaysians. now, that those in power could ‘’Whither Aliran’’ in the Sunday always find a reason to shut you Mail of December 28, 1980. The But carrying out our tasks respon- up or put you in. That is how the article was only good for serious sibly and consistently has not politics of fear works in this sys- misrepresentations, distortions, been easy. There have been many tem. and lies about Aliran. challenging moments and trying times. When Aliran survived the Regis- And, of course, surprise, surprise, trar’s attempt to put us out of busi- the Ministry of Home Affairs said Let me just recall a few of those ness, many Barisan Nasional poli- the Malayan Communist Party moments in our history. ticians concocted lie after lie to had expressed support for Aliran discredit us. in its dispute with the Registrar Aliran Targeted of Socities. For Destruction Lies Concocted To Discredit Aliran National Language: In 1980 we were just 3 years old. Heavy Price To Pay Already someone wanted to tar- The then Deputy Prime Minister, get Aliran for destruction. Why? now about to retire as Prime Min- There were other ways of hamper- We hadn’t committed any crime. ister, darkly hinted about our in- ing us, too, of preventing us from We didn’t incite any riot. We ternational connections. reaching out to the public. As weren’t conspiring against any- many of us will remember, Aliran one. Next, then Deputy Minister for had planned to publish a fort- Home Affairs Sanusi Junid made nightly magazine in the National The reason was simple. We had insinuations about Aliran’s “hid- Language and had applied for a made the fatal mistake of displeas- ing those in power when we criti- cised the new allowances for top civil servants.

You and I and many other people in this country wouldn’t think that such a statement could be miscon- strued as a threat to national se- curity.

Yet the Registrar of Societies de- manded that we show cause why Aliran shouldn’t be deregistered. Evidently the Registrar was con- fused enough to believe that Aliran’s statement showed that

Aliran Monthly : Vol.23(4) Page 4 permit since 1982. string budget. But with the gener- Worse was to come. In a period of ous support of our members and less than 2 years, between Febru- Each time Aliran’s application friends, we survived. ary 1999 and September 2000, the was rejected without just cause or Aliran Monthly was printed by no reason. Aliran Survived less than 8 printers. Operation Lalang So Aliran took the government to Why? Any of our past and court. The High Court on 2 Sep- We more than survived other at- present printers will tell you tember, 1987 quashed the Home tempts to do us in. In October that Aliran is a good paymaster. Minister’s decision to refuse a 1987, several newspapers were (By the way, that is partly be- permit to Aliran. shut down. The others were heav- cause we don’t pay the dedi- ily controlled. The Aliran Monthly cated writers and contributors In fact, Justice Harun Hashim was sorely needed as a source of who make every issue of the declared that an application for a information and a rallying point Aliran Monthly possible!) permit to publish a newspaper against the mass ISA arrests and should be granted as a matter of repression. Yet each of those printers lasted course.” only 2 to 3 issues before sorrow- But our poor printer did not have fully telling us they couldn’t ac- But the Government never takes his licence renewed! We moved cept our business any more. defeats in its suppression of the from printer to printer trying to freedom of expression in good bring out the Aliran Monthly to tell No one, however, can stop Truth grace. our fellow citizens and the world from marching on! Aliran and the what was happening in Malay- Aliran Monthly remained in the In retaliation, the government sia. Only after a long search and forefront of a wider and growing amended the Printing Presses and endless effort did we find one movement for Democracy, Free- Publications Act to remove min- brave soul who would print the dom, Justice, Human Rights and isterial decisions from judicial re- Aliran Monthly. Civil Liberties in this country. view. With that, when the govern- ment appealed to the Supreme It would be nice to tell you our prob- We Were There Court, our case was lost even be- lems were now solved, and that we fore it was heard. could continue happily doing When Operation Lalang what we do best: providing much- struck, we were there with the Sadly, our small victory in defence needed information to a news- victims of repression. When of the right to free speech was over- starved public, giving expression Reformasi came, we were there turned by the Supreme Court. to stifled voices, and criticizing the in the company of those who government’s oppresive actions. sought social and political And then we were hit by the AG’s change. When the government Chambers demand of RM80,000 Running Out Of in desperation arrested the as a Bill of Taxation. Printers Reformasi and Keadilan lead- ers and other alleged militants It seemed that if they could not Certainly the Aliran Monthly has in 2001, we were there to op- stop Aliran legally, they would the best documented record of pose the dastardly use of the try the financial way. that period. But the next 18 issues ISA. of the Aliran Monthly were printed To cut a long story short, suffice it by three different printers. For 25 years we have been here. to state that eventually Aliran had We have provided a voice of rea- to pay RM20,000 towards costs. After that, dear Friends, we sim- son, compassion, and justice. We ply ran out of printers in Penang. have served as a beacon for Dear Friends, RM20,000 then or For the next five years, the Aliran interethnic understanding, now, is a huge burden for an or- Monthly was printed in Kuala interreligious respect and ganisation working on a shoe- Lumpur. multicultural appreciation.

Aliran Monthly : Vol.23(4) Page 5 We have organized talks, marched with other justice-seeking people and groups in this society.

In short, we have carried out the duties that were implicit in our motto: Freedom, Justice, Solidarity.

Because we have done all that and done so with commitment, sincer- ity and honesty, my dear Friends of Aliran, before you, I can say this much: Today, we can hold our heads high.

Either Gone Or Going

Those who share our struggle for Freedom, Justice, Solidarity, have not believed the lies that were spread about us. They are still with us.

Those in our society who turned to us to express their grievances have not turned their backs on us. They still need our help.

The victims of injustice and their families have not lost their respect for us. Their causes are still our causes.

But, those who maliciously ac- cused us, those who wished us ill, and those who actively harassed us — they are gone, or else they are going.

You and I together can be proud, very proud to say ‘Aliran will go on’. Aliran must go on.

Thank you.

Speech by P. Rama- krishnan, President, on May 24 2003.

Aliran Monthly : Vol.23(4) Page 6 Aliran Monthly : Vol.23(4) Page 7 25TH ANNIVERSARY Why Aliran? To articulate political issues and work towards change for a better Malaysia.

Dear friends, Another Way For Better Malaysia We are gathered here today to celebrate the 25th anniversary of At that point, a few of us felt that Aliran, one of the first - if not the there has to be another way to ar- first - multiethnic reform move- ticulate political issues and work ment in post-independent Ma- towards change for a better Ma- laysia. Aliran was founded in laysia. In fact, we felt strongly that 1977 by seven Malaysians issues such as justice, freedom, namely Sdr Chandra Muzaffar, inter-ethnic unity and public ac- ter Aliran as a society was sent in Sdr Ariffin Omar, Sdr Gan Teik countability can be discussed either 1975 or early 1976. We ob- Chee, Sdr Ismail Hashim, the more freely and frankly if one does tained the registration in 1977 af- late Sdr Nor Abdul Rashid, Sdr not have to worry about winning ter a 2-year delay. The rest is his- Siew Kam Poh and myself. seats in the next general elections. tory, as they say.

Why Aliran? The political at- Thus, we decided to launch a During the past 25 years, Aliran mosphere in the 1970s was foundation called Liga Reformasi has faced many challenges, not heavily influenced by the May in the mid 1970s. About a year af- the least of which is to be finan- 13th 1969 inter-ethnic riot. A ter our application was submit- cially self-sustaining. Some of few years after that, the ruling ted, the Attorney General’s office these challenges will be touched Alliance Party absorbed most of rejected our application without upon by our current president Sdr the opposition parties to be- any reason, as usual. It looks like Ramakrishnan later. come the Barisan Nasional. even then, Reformasi was a sensi- This diminished the opportu- tive word in Malaysian politics. To my mind, one of the greatest nity for the emergence of a By that time, some of the initiators challenges that faces any public multi-ethnic opposition and a had lost interest. From the initial interest organisation or an NGO more healthy two-party elec- group, Chandra, Gan Teik Chee is the problem of succession. It is toral competition. This meant and myself decided to join hands understandable if in the early that route for change through with Ariffin, Ismail, Siew Kam Poh years an NGO is identified closely partisan politics became very and the late Nor Rashid to launch with the founding group. But the much more limited. Aliran. The application to regis- test of whether the NGO is a genu-

Aliran Monthly : Vol.23(4) Page 8 ine movement or not comes when remain relevant as an alternative its founding group recedes from media given that it is published the scene. Can the NGO continue only once a month? Similarly, with its objectives and struggles? more Malaysians live in urban ar- eas these days; so, we should be When Chandra Muzaffar, the writing more about issues on founding president decided to problems faced by the urban poor. step down in 1991 to concentrate on issues of injustices that exist Friends, finally I hope and pray within the global system through that God-willing, I will be around the International Movement for a Just in 25 years time to celebrate World, Sdr Ariffin Omar took over Aliran’s Golden Anniversary in the presidentship. Two years later a freer, a more just and a more our current president Rama took united Malaysia. over. During the past 12 years since Chandra stepped down, Thank you. Aliran has carried on its main ac- tivity of publishing the Aliran Monthly on a regular basis despite the many difficulties we have faced. We continue to speak out on issues of justice, freedom, na- tional unity and accountability. We continue to work with other NGOs on contemporary issues affecting Malaysian society.

A Movement Of Ideas

More importantly, it is interesting to note that in the current Aliran executive committee of 15 mem- bers, there is only one founding member left. A majority of the cur- rent exco is made up of members who joined Aliran in the 1990s. Thus, I would like to believe that by most criteria, Aliran has become a movement of ideas, an institution that continues to speak out fear- lessly for freedom and justice.

Of course, there have been many changes in the poltical, socio-eco- nomic and technological environ- ment. Aliran has to respond to these new challenges. For exam- ple, the rise of the Internet and the world-wide web means we have to re-examine the role of the Aliran Monthly. What can we do for it to The 3 presidents of Aliran : Chandra (1977~1991), Ariffin (1991~1993) and Rama(1993~)

Aliran Monthly : Vol.23(4) Page 9 25TH ANNIVERSARY 25 Years Of Telling The Truth

t is hard to believe that ternal Security Act (ISA) of a few II Aliran is already 25 of us in 1987. For me at the per- III years old! If Aliran has sonal level it was during my flourished all these years Aliran days that I had to make the it is largely because of the dedica- most difficult decision of my life: tion and commitment of a small to give up my academic career in group of men and women who order to help strengthen Aliran believe in the cause. The determi- and the Aliran Monthly which nation to persevere on behalf of a was then in its infancy. public cause which has no visible material rewards is a rare quality I remain convinced - in spite of all anywhere in the world today. that has happened over the years This is why Rama and his col- - that the enormous sacrifices of leagues deserve our accolades. Aliran’s pioneering group were worth the while. Though the an overwhelmingly powerful Ex- When my friends and I estab- growth of social consciousness is ecutive which dominates public lished Aliran Kesedaran Negara one of those intangibles, there is discourse. However, I am confi- in August 1977, there was no no doubt that Malaysians as a dent that the present Aliran lead- other multi-religious, multi-cul- whole have a much better under- ership will continue to address tural group operating outside the standing today of what national the challenges that confront the electoral arena at that time that unity or social justice or political nation through sober analysis had as ilts principal objective the freedom entails. The very fact that and balanced evaluation - which total reform of Malaysian society there are so many civil society has been the hallmark of the Aliran guided by universal spiritual and groups today engaged in a vari- Monthly. moral values. Aliran played a pio- ety of public oriented causes bears neering role in fostering social testimony to this. Even the gov- It will also I am sure want to re- awareness about the essence of ernment has - rather belatedly - flect upon Aliran’s own role and multi-ethnic harmony; the impor- recognised the importance of hu- relevance in the midst of all the tance of human rights and demo- man rights and established a hu- changes taking place both in do- cratic principles; and the signifi- man rights commission. It has mestic and global politics. A re- cance of public integrity in the de- also finally acknowledged that form group, more than any other velopment of a nation. communal polarisation is a ma- civil society actor, has to make jor problem - 24 years after Aliran sense of the turbulent and tragic Since the powers-that-be were not first raised the issue! times we live in. In the process, comfortable with Aliran’s value Aliran may discover that speak- based reform agenda, we had to Of course, many of the goals that ing the truth to oneself is perhaps encounter various trials and tribu- Aliran had set itself in 1977 re- as important as telling the truth lations in the first ten years. We main unaccomplished. But that to power. survived an early attempt to de- is what one should expect in any register Aliran just as we weath- struggle for social reform espe- Chandra Muzaffar ered the detention under the In- cially when one is confronted by Founder President of Aliran

Aliran Monthly : Vol.23(4) Page 10 25TH ANNIVERSARY Revelry And Reflection

Aliran holds hugely successful 25th anniversary fund-raising dinner attended by 700 diners. by Anil Netto

hen the idea of a fund- The event then got under way, WWW raising 25th anniversary with our emcee Boo Teik welcom- WW dinner was first sug- ing the guests to the 8-course Chi- gested several months nese halal dinner. ago, sceptics among us initially dismissed the idea, suggesting In The Beginning... that it would be tough to fill a hall and to generate enough funds to Kicking off the night’s proceed- make it all worthwhile. But there ings was Subra, the Aliran treas- were one or two individuals who urer and one of Aliran’s seven thought otherwise. founder members. Subra recalled how Aliran was founded way On Saturday, 24 May, any linger- back in 1977. At that time, the then ing doubts evaporated into the ruling Alliance had absorbed cool night air as Aliran held one most of the opposition parties to of its most successful events at the become the Barisan Nasional - a Che Hoon Khor Moral Uplighting move that made the route for Society hall along Macalister change through partisan politics Road in Penang. Before the start more limited. Few people today of the event, Aliran members were realise that there was an attempt busy helping to sell T-shirts, books, to launch reformasi in the 1970s, Aliran Monthly magazines - all at “Happy Hour” prices. It is hard to describe the laughter, the joy, and the happiness on most faces that night, after all the tireless groundwork had been done. There were the ushers, hard at work, directing guests to the 75 tables seating 10 each. By 8 pm, some 700 people had filled the hall as a buzz rose in the hall - the ex- cited exchanges of friends greet- ing each other, peals of laughter and the murmur of animated con- versation as long-lost fellow ac- tivists and friends bumped into each other.

Aliran Monthly : Vol.23(4) Page 11 via the setting up of a foundation ing president Chandra Muzaffar, its work. called Liga Reformasi in the mid- his successor Ariffin Omar, and 1970s. But the Attorney General then Rama recalled the changes The emcee then read messages rejected the application. “It looks in leadership styles over the years; from Tian Chua and Hisham, who like even then, Reformasi was a click - Operation Lallang and the were then still being detained in sensitive word in Malaysian poli- gloom surrounding those years. Kamunting. They reminded tics,” noted Subra wryly. Another Click, click, click - the years rolled Malaysians not to take whatever attempt was made, this time to reg- by in a flash, blurring into the little freedom they had for granted ister Aliran. The rest, as they say, present, as the diners and current as this too could be taken away. is history. Aliran members fondly recalled They urged Malaysians to con- the legacy of Aliran’s pioneers - tinue with the struggle to abolish Subra said the greatest challenge those who first started the move- repressive laws in the country. over the years for Aliran was to ment and then kept it going all develop second-generation lead- these years despite daunting Johan and best friends Rosa ers to succeed the founding lead- odds. (Johan’s daughter) and Andrea, ership of the group. To some ex- both teenagers, then added a soul- tent, we have succeeded, as most President's Address ful note to the night. Against pin- of the current committee members drop silence, they performed a song only joined Aliran in the 1990s. Rama then took to the podium to that Johan had composed - “Di Tepi deliver the president’s speech. He Air Tigris” (By the Waters of the Waiters started trooping into the listed the highlights of Aliran’s Tigris), an anti-war song - to an ap- hall with the first of the eight dishes history and some of the formida- preciative audience. Strumming on for dinner as Prema, the dinner’s ble obstacles including the at- his guitar, Johan followed that with tireless co-ordinator, tapped on the tempt to deregister Aliran in the laptop for a multi-media presenta- early 1980s, the refusal to grant a tion that filled the hall with nostal- permit to publish the Aliran gia. To the accompaniment of sen- Monthly in the National Lan- timental songs, slides of old photo guage and the frequent changes popped up onto a screen recalling in the printers. At one stage, we some of the highlights of Aliran’s had to change printing firms eight 25-year history: click - the early times in less than two years. meetings at the homes of members, at the rented office premises, our Rama urged the audience to con- nomadic existence from one office tinue to support Aliran’s work premises to another; click - the huge and noted that it was through the crowds that flocked to listen to support and generosity of many Aliran-sponsored forums on the Malaysians over the years that the Official Secrets Act and the amend- group has been able to continue ments to the Societies Act in the 1980s; click - a few of dedicated members of Aliran hitting the streets to stick up posters to publi- cise forthcoming forums.

Umm…wasn’t that Rama, looking lanky, like he was just out of col- lege, sporting sideburns from the 1970s? It was fun to see how peo- ple had changed in appearance over the years.

Click - slides of Aliran’s found-

Aliran Monthly : Vol.23(4) Page 12 a solo number “Pukul Tiga Pagi”, another composition of his about the curse of repressive laws. The crowd loved it, applauding their efforts heartily. Aliran Monthly Mission Impossible Another arresting multimedia presentation then followed - this time focussing on how the Monthly was published. Backed by the dramatic theme song from Malaysians over the years. Then came a film producer “Mission Impossible”, the slides (Rashid) from Hong Kong trying introduced the office staff and took World Premiere to submit a film proposal to a gov- the audience through each stage ernment official's personal assist- of the production process from the Then the 13-member strong Aliran ant, who in turn did her level best Editorial meeting, to “Quality Singers clambered onto the stage to frustrate him with all kinds of Control” to the despatch of the for their World Premiere perform- bureaucratic obstacles. magazine. ance (!) much to the delight of the crowd. They performed spoofs of Finally, Jo stole the show with her Few among the audience were three pop hits (see lyrics on pages imitation of a deputy minister gib- aware of the work involved in the 19-21): the first, “Yesterday” la- bering on about Malaysia's world despatch process for sending out mented the drop in readership of record-breaking attempts punctu- the subscriber copies alone: get- Aliran Monthly but optimistically ated by periodic chants of “Ma- ting the postal sacks from the post insisted that Aliran was here to laysia Boleh” while raising a office, unloading the printed stay; the second, “Every Move you clenched fist. At one point, the in- Aliran magazines from the lorry, Make” mocked Big’s Brothers’ terviewer (Rashid) asked the pasting stamps onto the envelope perpetual surveillance; and the "deputy minister" about allega- jackets, slotting the magazines last was “Read Aliran” an out- tions that Malaysia practised dou- into the jackets, popping the jack- and-out "commercial" promoting ble standards. ets into the sacks, loading the the Aliran Monthly. bulky sacks into an exco mem- Not the least flustered, "he" (Jo) re- ber’s four-wheel drive, which The “hidden talents” and creativ- plied without batting an eyelid, then transported the sacks to the ity of the Aliran exco members "That's because our standards are post office. and their children enthralled the very high," and then muttered audience. Perhaps it was more the something about now aiming for Highlight of Aliran Monthly over sight of the usually serious exco "triple standards." the years were displayed: The members letting their hair down Vijandran Tapes, Rahim Tamby and obviously enjoying them- All in, it was an invigorating Chik's controversy, the sacking of selves on stage that set the night evening that left everyone feeling the Lord President, Anwar and alight. encouraged by the show of soli- the unleashing of Reformasi... darity and inspired to continue Finally, the Instant Café perform- the struggle for justice and peace. Someone commented that he had ers, the real pros, brought the cur- A couple of those who couldn’t never seen the production proc- tain down with their trademark make it that evening said that they ess in the light of “Mission Im- biting satire and razor sharp wit would pray that the evening possible”, but then again, the real of prevailing political attitudes. would turn out well. Perhaps that miracle is that this has gone on These included attempts by Jo explains why there was an over- for the last 23 years. This is largely Kukathas to lodge a police report whelming sense of joy and merri- due to the sterling voluntary ef- with a reluctant cop (Kopi Tiam's ment over an evening that ap- forts of a band of dedicated Rashid Salleh). peared blessed from the start. q

Aliran Monthly : Vol.23(4) Page 13 25TH ANNIVERSARY Messages Of Solidarity From Kamunting

Dear friends Dear good people of in Human Rights Aliran

Tian Chua Hishamuddin

Warmest greetings to all of you who are Enjoy your dinner. Open a bottle of wine. Kiss attending the Aliran dinner. We in the your lover. Visit your parents this weekend. Kamunting Detention Camp wish to send Give a call to your ex-lovers. Less accumula- tion - more distribution. our heartfelt thanks to your continuous efforts to support us and the campaign Feed a stray cat. Stay green. Less meat more against the ISA in general. legumes. Less anger, more laughter. Meditate not masturbate. We wish we would be with you tonight. We also long for the freedom to rejoin you Read the sutras, bhagvadgita, torah, bible, and the struggle. The ISA has denied us quran, marxist, anarchist - stay happy, stay free. our basic rights to voice out and to fight Do this, do it now - before your freedom is for democratic change in society. taken by ISA.

However, we assure you that the 2-year No one is safe from ISA. ordeal has not broken our spiriit. We are confident that the awareness of injustices You could be with me now just because you wear a yellow underwear. is growing among the people. We are posi- tive that Malaysia will eventually embrace You could be with me now for having a nose human rights and discard inhumane laws ring. - the fruit of our struggle, of course. You could be with me now for protecting the Your soidarity has kept our spirit high. grass. Keep the candles burning! Get organised and stay free.

All the best! Open another bottle of wine - this time for me.

Aliran Monthly : Vol.23(4) Page 14 ALIRAN AT THE UN Might Has Overthrown Right Human Rights regression in Asia Oral intervention by: Premesh Chandran

The 59th Session of the United Nations Commis- sion on Human Rights

Item 9: Human Rights Violation In Any Part Of The WorldWorldWorld

Date: 3 April 2003

Madam Chairperson, Nations in the Security Council violence or disruption of essential resolution 1377 for all states to services carried out with “intent I speak on behalf of Aliran adopt necessary legal instruments to threaten the unity and integrity Kesedaran Negara from Malay- “to prevent terrorism and of India or to strike terror in any sia. This statement is a result of strengthen international coopera- part of the people.” It also made it consultations with a wide range tion in combating terrorism”, has a crime not to provide authorities of Asian NGOs, including Asian instead been exploited by Asian with “information relating to any Forum on Human Rights and De- governments to impose new re- terrorist activity,” and allowed for velopment, Asian Human Rights pressive legislation and security up to three months of preventive Commission, Transnational Insti- measures. detention without charge. This tute, South Asia Forum for Hu- legislation was passed in spite of man Rights, Asian People’s Secu- It is appalling that now there is a the National Human Rights Com- rity Network, Suara Rakyat Ma- roll-back of civil liberties. Previ- mission of India categorically stat- laysia, People’s Watch Tamil- ous safeguards – fought hard ing that there was no need for nadu, Janasansadaya Sri Lanka, with the tears, sweat and blood of such a law in India to handle ter- Task Force Detainees of the Phil- those who cherish the rule of law rorism. ippines, Peace Camp, Philippines, and fundamental liberties – are Think Center, Indonesian Legal now all but lost. Our people are In Indonesia Aid and Human Rights Associa- gripped with fear amidst intense tion and Japan Network on Hu- propaganda and the spectre of ter- In Indonesia, the Anti Terrorism man Rights in Malaysia. rorism – real and imagined. Bill was passed in March, adopt- ing more or less the content of the We would like to draw the urgent In India Government Regulation in Lieu of attention of this Commission to Law (Peraturan Pemerintah the despicable trend of human Where does one begin? For start- Pengganti Undang-Undang or rights regression in Asia post Sep- ers, the world’s largest democracy Perpu) No. 1/2002 on the Eradi- tember 11 and the subsequent US- – India - passed the 2002 Preven- cation of Criminal Acts of Terror- led “war on terror”. tion of Terrorism Act (POTA), ism, and No. 2/2002 on the Eradi- which set forth a broad definition cation of Criminal Acts of Terror- The mandate given by the United of terrorism that included acts of ism in Relation to the Bomb Ex-

Aliran Monthly : Vol.23(4) Page 15 plosion Incident in Bali. Perpu ternal Security Act for the past Monitor No1/2002 allows suspected ter- four decades while arresting po- Anti-Terrorism Laws rorists to be arrested for seven days litical opposition, civil society ac- and detained for six months for tivists and the occasional alleged Hence this Commission must, questioning and prosecution. It terrorists. We ask not that perpe- without further delay, institute a also allows personal telephone trators of crimes be set free, but that monitoring task force to look into conversation and mail surveil- they be charged and brought to anti-terrorism legislation and lance and intelligence reports to trial in an open and fair court. measures implemented by the be used as legal evidence. The How is justice served when citi- States in order to ensure all those sanctions under these Perpu are zens can be detained indefinitely legislation and measures comply severe and include the death pen- without trial on unchallenged with international human rights alty or life imprisonment. There and spurious claims or allega- standards. were six cases of arrest since the tions? enactment of the Perpu, involving We have also now seen how 10 victims, including fishermen In Philippines Might has overthrown Right in who use bombing as a fishing the ongoing carnage of Iraq. While method. In the Philippines, the war we remain enraptured and dis- against terrorism has been used mayed by this complete dismissal In Hong Kong as the pretext to stage an all-out of international human rights war against groups seeking self- norms and practices, we must The Special Administration Gov- determination, namely the Moro never forget that each and every ernment of Hong Kong is propos- Islamic Liberation Front. As a re- day, these scenes are played out ing various new bills under Arti- sult, the Muslims living in on the national level, where gross cle 23 of its Basic Law. These bills, Mindanao are subjected to un- human rights violations and re- ranging from theft of state secrets, precedented harassment, includ- pression perpetrated by Asian investigation powers of the police ing torture, warrantless arrests governments are now sanctified on sedition, secession, subversion and arbitrary detention, discrimi- and cloaked under the banner of and treason, allows the govern- nation and displacement due to ‘fighting terrorism’. ment to wield wide ranging pow- the war. The proposed anti-terror- ers in curtailing the basic rights ism law prolongs detention with- In the past, many respected mem- and freedoms of the Hong Kong out charges and also criminalizes bers of the Commission had stood people. legitimate dissent. Similarly, the with us, and with the people of Chinese government has labeled Asia, against torture and arbitrary While some States seek to impose a Muslim Uigher organization as detention. Let us now show the new laws that are against the a terrorist group and used this as people of Asia that the Commis- grain and essence of human rights the pretext to criminalise Uighers sion will continue to uphold hu- in the wake of the campaign in Xinjiang, who are fighting for man rights with greater courage against terrorism, other existing self-determination, as terrorists and conviction in this precarious regimes in Asia now have greater and threats to the national secu- moment in history. justification to maintain and ex- rity of China. pand their repressive national se- When we raise our collective curity laws. Honorable members of the Com- voices against the dismantling of mission. the rule of law in the war against In Malaysia And Iraq, let us also rise to the occa- Singapore It is without question that we are sion to arrest the deterioration of at least of one mind here – that we the rule of law in respective States. A classic example is the believe in the right to fair trial, free- There should be no room for hy- Malaysian and Singapore gov- dom from torture and the princi- pocrisy in the haven of the Com- ernments. The Malaysian and ple of ‘innocent until proven mission. Singapore governments have guilty in a court of law’. These are unabashedly maintained their In- precepts of a civilized democracy. Thank you, Madam Chairperson.

Aliran Monthly : Vol.23(4) Page 16 Right of Reply by Malaysia provided for as mentioned earlier. 5. Thus, although the ISA permits detention with- out trial, it must be emphasized that it can only ISA Is Not be applied to matters pertaining to national se- curity and public order. It is not exercised arbi- Exercised trarily. Procedural and administrative require- ments have to be met by relevant authorities for it Arbitrarily to be utilized. 6. The ISA is applied on occasion only when peace To statements made by the following non-govern- and unity in the country is threatened. Peace and mental organizations: harmony are vital ingredients for the continued I. Aliran Kesedaran Negara socio-economic development of the country. II. Rural Reconstruction Nepal Malaysians are fortunate to enjoy a good level of human rights and could only be able to continue Madam. Chairperson, doing so if peace and order is maintained in the 1 . My delegation is taking the floor in response to country. The Government of Malaysia has on the statements made at our meeting yesterday many occasions explained its position on hu- afternoon by the representatives of two non-gov- man rights and stresses the importance of rights ernmental organizations, namely Aliran with responsibility. Kesedaran Negara and Rural Reconstruction Nepal. I thank you Madam Chairperson.

Madam chairperson, Q Q Q Q Q 2. The Internal Security Act (ISA) was enacted in1980 pursuant to Article 149 of the Federal Con- Right of Reply by Singapore stitution of Malaysia. The Act ultimately aims at ensuring public order and protection of national security. It is a preventive law that is crucial for the continued peace and stability in our country. NGOs Like The law provides for legitimate preventive de- tention during peacetime to enable the Malaysian Aliran Merely authorities to carry out their responsibilities ef- fectively in countering activities prejudicial to national security, economic livelihood and main- Seek Publicity tenance of essential services. Aliran, in its statement yesterday, alleged that Sin- 3. It is to be emphasised that the ISA has the neces- gapore government had “maintained its Internal sary safeguards for legal recourse such as the Security Act for the past 4 decades while arresting concept of judicial review, wherein a detainee political opposition, civil society activists and the can apply for writ of habeas corpus. Further the occasional alleged terrorists”. The delegation of Sin- detainee has a right to make representation to an gapore would like to rebut these baseless allegations. Advisory Board, consistent with Article 151 of the Federal Constitution. Failing this, the de- While the Internal Security Act, a legacy from Brit- tainee can appeal to His Majesty the King of Ma- ish colonial days, provides for detention without laysia. trial, it is meant for use against persons whose ac- tivities threaten the internal security of Singapore 4. As regards the detention of those named by Rural and to counter security threats such as racial and Reconstruction Nepal, my delegation wishes to in- religious extremism, espionage, terrorism and sub- form that their detention was in accordance with version. The ISA is a critical legal instrument of last the existing laws of Malaysia and legal recourse is resort for us to counter such threats.

Aliran Monthly : Vol.23(4) Page 17 Contrary to what Aliran has alleged, the ISA is not There are important safeguards built into the ISA to used to suppress political opposition. The fact is ensure that is is not abused. The period of detention that the ISA has not deterred opposition politicians without trial is not definite and is subject to impor- and civil society activists from pursuing their po- tant checks and balances. Under the Singapore Con- litical goals in Singapore. No opposition Member of stitution, all detention cases have to be reviewed by Parliament in Singapore today has ever been de- an Advisory Board appointed by the President of tained under the ISA. For that matter, the ISA has Singapore. The detainee, who must be informed of never been used against anyone who operates by the grounds of his detention in writing, has the right constitutional means. Action has only been taken to make representations against his Order of Deten- against persons who participate in unlawful acts tion to the Advisory Board. He is also free to engage against public order and in subversive activities. a lawyer for this purpose. The Advisory Board is further required to undertake a yearly review of con- Aliran further argued that the “perpetrators of tinued detention and make further recommenda- crimes” should be “charged and brought to trial in tions to the Minister for Home Affairs. No person an open and fair court” and not to be “detained shall be detained or further detained without the indefinitely without trial on unchallenged and spu- President’s concurrence. rious claims or allegations”. Political stability and communal peace are not nec- Let us be clear. Whenever circumstances make it essarily the natural order for a small, multi-racial practicable, the Singapore government would pre- and religious city-state like Singapore. The ISA is fer to prosecute an offender in court under the nor- necessary so long as these vulnerabilities and threats mal parameters of criminal laws. However, it is not remain relevant to our society’s stability and secu- always practical to do so. The very character of cov- rity. Like all laws and institutions of any sovereign ert or clandestine activities sometimes makes dis- and independent state, the ISA in Singapore has closure of intelligence collected as evidence in an evolved in response to our own needs and circum- open trial a threat to the sources of intelligence. In stances. cases involving racial and religious extremism, the trial itself would provide the accused with a public Unfortunately, NGOs like Aliran which are not ac- forum to inflame communal violence and conflict. countable for the safety and welfare of citizens find it convenient to use fora such as this to make base- less allegations against responsible governments. They merely seek publicity and attention for them- selves. q

Aliran Monthly : Vol.23(4) Page 18 PUKUL TIGA PAGI (Words and music by Johan)

Pukul tiga pagi Tepat tiga pagi Pabila kekerasan Mengetuk di pintu Singing Pukul tiga pagi Tepat tiga pagi Mimpi ku hancur berkecai Allowed Kau rampas sayang ku

DI TEPI AIR TIGRIS Sudah enam puluh hari Tepat enam puluh hari (Words and Music by Johan) Pabila burung lemah Berpindah sangkar Di tepi air Tigris Sudah enam puluh hari (By the waters of the Tigris) Tepat enam puluh hari Di tepi air Tigris Deritalah sayang ku Musnahlah harapan ku Ku sedang duduk menangis (I sat down and cried) Sudah tiba masanya (The time has come) Ku sedang duduk menangis Tepat pada waktunya (Precisely at this time) Pabila kekerasan (When oppression) Askar-askar Amerika ceroboh Umm Qasr Harus berlalu (Should pass on) (American soldiers invade Umm Qasr) Sudah tiba masanya (The time has come) Kereta kebal Inggeris bedil Basra Tepat pada waktunya (Precisely at this time) (British tanks bombard Basra) Sayang ku jangan pilu (My beloved, don’t feel sad) Manusia tak berdosa kehilangan nyawa Bebas jiwa mu (Your spirit is free) (Innocent people lose their lives) Di tepi air Tigris Q Q Q Q Q (By the waters of the Tigris)

Pesawat jet berkisar di angkasa (Jet planes gather in the skies) Mengebomkan tanahair bertubi-tubi (bombing the homeland relentlessly) Ibu-ibu, kanak-kanak mati di bumi (Mothers, children perish on the earth) Di tepi air Tigris (By the waters of the Tigris)

Peperangan menghantui sejarah manusia (War haunts human history) Empayar kuasa besar bermaharajalela (Empires of great powers rule unchecked) Keganasan berleluasa zaman ke zaman (Violence spreads from generation to generation) Di tepi air Tigris (By the waters of the Tigris) Q Q Q Q Q

Aliran Monthly : Vol.23(4) Page 19 EVERY BREATH YOU TAKE YESTERDAY (Dedicated to the Home Minister (With apologies to Paul McCartney) with apologies to Sting) Yesterday, all my troubles seem so far away Every breath you take Now they look as though they’re here to stay Every move you make Our sales have dropped since yesterday Every bond you break Every step you take Suddenly, half our readers have just gone away I’ll be watching you Now we find we have to change our ways Oh I believe in yesterday Every single day Every word you say Why we have to change Every game you play I don’t know Every night you stay Are we getting stale’ I’ll be watching you Some say, the times have changed People don’t care anymore Oh can’t you see You belong to me And today With the ISA, you’re here to stay Truth and Justice have seen better days We can’t turn our heads and hide away Every move you make Oh I believe we’re here to stay Every vow you break Every smile you fake Every claim you stake Why we have to change I’ll be watching you I don’t know Are we getting stale’ Solo: Some say, the times have changed People don’t care anymore While I’m here, I’ve been lost without a trace I dream at night and can only see your face And today I look around and it’s you I can’t replace Truth and Justice have seen better days I feel so cold and it’s you that I embrace We can’t turn our heads and hide away I keep on crying release me, release me, please! Oh I believe we’re here to stay (Oh I believe we’re here to stay) Oh can’t you see Q Q Q Q Q You belong to me With the ISA, you’re here to stay

Every move you make Every vow you break Every smile you fake Every claim you stake I’ll be watching you Q Q Q Q Q

Aliran Monthly : Vol.23(4) Page 20 READ ALIRAN With apologies to Petula Clark

When you’re in doubt and life is getting you down You know you can reach out ‘ READ ALIRAN When you’re traffic and the jam doesn’t clear You know can reach out ‘ READ ALIRAN

I know that the articles can sometimes be quite serious Human rights abuses isn’t something you can joke about

What can you lose By reading the magazine You know you learn something new Forget bourgeois troubles

Reach out ‘ subscribe to ALIRAN Reach out ‘ get your new monthly now Reach out ‘ copies are waiting for you

When you get sick of reading the news (we pretend to read newspapers) You know you can reach out ‘ READ ALIRAN The mainstream press and all of the rest You know you’ll never trust ‘ READ ALIRAN (we toss the newspapers away)

I know that you have doubts about our anti-ISA stand You would see it differently if you were in detention

What can you lose By reading the magazine You know you learn something new Forget bourgeois troubles

Reach out ‘ subscribe to ALIRAN Reach out ‘ get your new monthly now Reach out ‘ copies are waiting for you Q Q Q Q Q

Aliran Monthly : Vol.23(4) Page 21 of British capitalist interests. Its analyses of developments in Asia and the developing world have generally been sharp, critical and often spliced with wry, British humour, but any fool would know that it toes a pretty clear political line. Most well-advised govern- ments if they earn the barbs of the Economist would usually ignore them especially when commen- tary is not a direct affront to na- tional interests. In fact the very act of devoting a whole Economist to Malaysia should have been very flattering. It’s backhanded praise, stupid!

For politicians, prime ministers, Read-No-Evil- zines that one of the ways to get wannabe prime ministers and the See-No-Evil your circulation soaring is to in- like, it’s always been fair game, to stigate a ban from KDN (home get a few jibes here and there, ministry) in Malaysia. right? You want the limelight, it comes with the splatter of critical Since April 2003 the Economist commentary, sometimes heavy- has earned the dubious distinc- duty muck, when you deserve it. tion of joining the ranks of the How many times have we heard would-be banned category of a David Letterman or a Jay Leno magazines in Malaysia. It actu- lampoon the American president. ally fell short of being banned. But the tolerance level of this gov- Curious though that KDN only ernment is practically zero on contemplated banning it after a these matters – witness the fate of controversial issue of the maga- Malaysiakini after Petrof’s sar- zine was already all over the place donic remarks. and available. Soon after the flap, the minions of the law (or were they savvy collectors?) quickly went to mop up copies of the of- fending magazine and nary a Ban it! And nobody will read it – copy could be found in bookstores, or so they think. Over the years magazine stands or even librar- various foreign publications have ies. come under this particular sword of Damocles, but it’s a weapon The call to ban came from a cho- that’s becoming less and less ef- rus of outraged protesters emanat- fective. Far Eastern Economic Re- ing from every shade of pro-gov- view, Time, Newsweek, Herald ernment opinion, the more obse- Tribune and also books at one quious of whom demanded a to- time or another have encountered tal ban of the magazine. I hold no this read-no-evil-see-no-evil policy torch to the Economist, which as of the government. But it won’t most discerning readers would take a PhD to advise foreign maga- know, is the sophisticated voice

Aliran Monthly : Vol.23(4) Page 22 things for the country after he down NOW will be good for steps down (Economist, you the country and will bring mutt head, get this right!) about reconciliation among the Malays but according to a fa- • Three, the PM may not actually mous bomoh, in the near future step down (How dare you, there will be another UMNO Economist, doubt his ability to crisis and only one person can hang on!) recreate UMNO into UMNO Baru Baru (New, New UMNO). • Four, the PM can get better af- (How would you untutored fools ter he steps down and, like know anything about Malay po- good wine after it gets bottled, litical culture and Malay magic?) he gets better with the years (For shame, you don’t know this, Q Q Q Q Q European magazine?) Meltdown Of The MMMs The best thing the PM can do... • Five, the PM may not actually be the best thing for the coun- No, the MMM is not the KKK, I The Economist is never close to try (yes, you’re right) but if he repeat, not the KKK. People have doing anything like lampooning. stepped down, would there be already got into a mess for mak- Yet our mindless guardians of a better man to take over? (Huh, ing analogies such as these and I truth cannot stand even the slight- huh??) don’t want Aliran Monthly to make est oblique or snide remark such the same faux pas on my account. as, ‘The best thing the PM can do • Six, the PM is clearly not the God forbid! The MMMs refer for his country is make good his best thing for the country but strictly to Malay Muslim Males. promise to step down’ or words were he to step down NOW, a Now, since the end of the NEP and to that effect. And, do they take brilliant Chinese astrologer the start of the NDP, and particu- umbrage, and such umbrage! has predicted that great harm larly since the financial crisis of Working themselves up until blue will befall the whole country 1997, I would say there has been in the face. Wouldn’t it be cleverer (Economist, you woeful ignora- a real meltdown of this species of to provide a considered rebuttal? mus – haven’t you heard of Feng Malaysians. Shui?) I know the government tried as It’s sad but true, Anwar Ibrahim much but the effort flopped mis- • Seven, the PM stepping was the first victim. But his fall- erably. People are still rushing out down NOW will actually ing from grace brought a string of to try and buy the magazine as I be good for the country disasters on other MMMs. Rahim write! But let’s have a go here to but in the future, accord- Nor, the erstwhile IGP, has all but do what the government failed to ing to a renown Indian as- disappeared from the scene and do – a proper true-blue, Malaysia- trologer, there will be an- so has Daim Zainuddin, who, boleh defence. Here are eight (an Anwar named as a mastermind other economic meltdown, auspicious number) real reasons behind his misfortune. And, while why the Economist was dead and we will need the serv- many may not know this, Mochtar wrong or ‘inaccurate’ about their ices again of the PM to beat Abdullah, the former A-G and comment on the PM. this impending economic subsequently judge, the chief per- disaster (You Brits got your son behind Anwar’s prosecution, • One, it is a fact that the PM is central bank done in by has been in a coma for months. the best thing the country has George Soros, but Dr. M not only Not entirely unconnected to the ever had in 46 years (Prove oth- gave Soros a tongue-lashing but Anwar episode, but Kelantan poli- erwise, stupid!) he put our economy back on track). ticians Annuar Musa and Mustafa Mohamad, after losing in • Two, the PM will still do great • And eight, the PM stepping the 1999 election, have all but dis-

Aliran Monthly : Vol.23(4) Page 23 episode affecting the election? Case closed.

The Malaysian meltdown doesn’t stop at the MMM’s – it has a spillover effects on the CMMs, Chi- nese Motley Males or Chinese Mon- eyed Males, take your pick! Once the Chinese opera ended, fact be- came stranger than fiction and we do have something of a China syn- drome occurring in the MCA. President Ling Liong Sik an- nounces his resignation and takes out strongman of Team B Deputy Disappeared from the scene : Rahim Noor and Daim Zainuddin leader Lim Ah Lek with him and the fallout eliminates the ‘affable’ appeared into the woodwork. ach to confront the stinging crit- and senior gentleman Chua Jui ics of his writings, especially Meng, too. The ‘young turks’ (or On the economic side, the falling when such detractors, in his view, spring chickens?) have really from grace of MMMs has been con- constantly misinterpreted him or taken over! The new Team A – spicuous, Tajuddin Ramli and never even read what he had writ- Team B combination of Ong Ka Halim Saad, to name two promi- ten before critiquing him. In par- Ting and Chan Kong Choy, barely nent examples. And there will be ticular he was attacked unfairly babies at late forties, have won the scores or even hundreds more for his alleged anti-reformasi day. who can be added to the list if we views, he claimed. care to read the bankruptcy no- But the MIC did it the Samy-way. tices since 1997. And well, there’s that biggest There was virtually no contest. All MMM meltdown of all – the resig- of the president’s men made it If we throw in journalists, we have nation of Dr. Mahathir himself. save for one woman, an ‘inde- two curious examples. Writer and And what’s my grand theory be- pendent’, who foiled the clean columnist Rehman Rashid lost hind all of this? Elementary, my sweep and slipped into the rari- his job in the New Straits Times dear readers, the Anwar factor, of fied high council of patriarchs. when by his own admission he course! was sacked for refusing to write a Q Q Q Q Q speech for his boss Abdullah It was Anwar’s fall from grace that Goats For Ahmad. Rehman, for all his bril- begot all the others. Some more The Hustings liance and independence of mind, directly than others – just think! chose to dally with the most pro- However, let me just try to validate And it looks like a general elec- government English daily of the my thesis by taking up the last tion must be along the way quite country and even accept a work mentioned fallen MMM case. soon. The signs are everywhere. contract which included the duty Mahathir would never have de- Parties sorting out their problems, of speech writing. cided to step down had it not been the injection of an RM8 billion for the poor showing of UMNO in economic stimulus package into The other example is political sci- the 1999 election, which gave PAS the sagging economy, the release entist and Malaysiakini columnist the leadership of the opposition, of ISA detainees, etc. etc. But more Farish Noor, who declared dra- added another state to its stable than anything else, that sleepy (or matically that he was writing his (Terengannu) and deprived sleeping!) institution called the last column for the web paper UMNO of a two-third majority in Election Commission (EC) has Malaysiakini recently. Farish inti- another (Kedah). Would this have come alive and is now very much mated that he had lost the stom- happened without the Anwar in the news. The constituency

Aliran Monthly : Vol.23(4) Page 24 election exercise seems all sewn current YBs could learn to chew on “Campaign for Monogamy”, up. Predictably, no new seats are longer on legislation presented to 16 March, 2003). bound for the states of Kelantan them in parliament…. hell, we and Tereggannu – no prizes for could expect a goat to at least not The Coalition argues that mo- second guessing the EC here! But swallow the whole thing!! nogamy should be the norm for many more mixed seats are in the marriage in Islam and that this is offing since the BN did so fa- Q Q Q Q Q not a radical call for reform, but mously in such seats in the last an assertion of a long tradition in election. Lessons In Islam that promotes monogamy Polygamous Love and only permits polygamy in The 74-billion dollar question re- very exceptional circumstances. It mains how the Malays will vote. Which brings me to a newly re- is interesting to note that Tunisia, The Indians are in the pocket, the furbished piece of legislation a Muslim country, has actually Chinese will likely be swayed by called polygamy. But before one taken the bold step to outlaw po- the highest bidder, the Sabah says anything else, polygamy is lygamy on the grounds that based Bumis are well and truly in the truly a perversion of humanity’s on the Islamic injunction, it is im- BN ‘vote bank’ and while the high propensity to love another possible in this day and age for a Sarawak Bumis are still haggling person, if we recall the Bard’s line, man to deal justly with more than for this and that, they should be “How many ways shall I love one wife. ripe for the picking come election thee, let me count the ways.” How time. With some 215 parlimentary unpoetic and unromantic to say, Hence, I read with some trepida- constituencies and literally hun- instead, “How shall I love you tion the report in a local daily that dreds of state wards up for grabs, equally, let me count my other a polygamy course was going to where are we going to find the wives!” Let me hasten to add that be offered by the Federal Territory candidates? polygamy exists in many cultures Islamic Religious Affairs Depart- and long before Islam came on the ment. Let me try and guess what In the halcyon days of BN rule, scene. To cite the unassailable might be some of the most impor- the joke went that you could put statement of the Coalition on tant qualifications the department up a goat with a BN logo to stand Women’s Rights in Islam: will be looking for in the lecturers for elections and it would win. But for this course: surely we like to think that From the historical point of view, po- Malaysian voters are more dis- lygamy was an institution that ex- • Married, with two wives for cerning these days. They gave isted not only in pre-Islamic Arabia, stable period, say 5 years. (As- some 44% of the votes to the op- but also in various civilizations, reli- sistant lecturer or tutor post position the last time around in gions and cultures in many parts of available). 1999. Some 680, 000 young voters the world. Polygamy was practised • Married, with three wives for were denied the vote because the among the Jews, Chinese, Indian and say 6-10 years, and divorce EC said they were not on the Mormon Christians, until it was abol- experience appreciated. (Lec- cleaned-up list. Now these new ished by law. For instance, the United turer post available). voters would swell to well over States of America banned polygamy • Married, with four wives for one million. under the Anti-Bigamy Act of 1862, more than 10 years, must have and the Mormon Church officially multiple divorce experiences Hmmm… would our young ones renounced polygamy in 1907 after (Senior lecturer post available). fall for voting goats for parliament, their efforts to challenge the law in I wonder? We do have quite the Supreme Court were unsuccess- In the advertisement for posts, it enough goats there already and ful. In Malaysia also, polygamy was should be made very clear that that could be a good reason not to practised among the Chinese and In- those with happy, uncomplicated, add more to the circus. But then dian Hindu communities until it was monogamous marriages need not again, my animal rights friends forbidden under the Law Reform apply. will say I’m insulting the rumi- (Marriage and Divorce) Act which nant species. If only some of our came into force in 1982. (Statement D.L. DaunDaunD.L.

Aliran Monthly : Vol.23(4) Page 25 ISA Free The Six - Redeem Yourself The compelling reasons for their release are legal and urgent

omorrow is D-Day not duct which were prejudicial to the these detainees have been de- TT only for the 6 detainees security of Malaysia”. prived of their freedom without TTT held under the ISA but just cause and that their contin- also for Malaysia. Tomor- Indeed, the Federal Court found ued detention was untenable and row will reveal to the international “much force in the contention of the cannot be sustained any longer. community whether we are a law- learned counsel for the appellants abiding civil society or one that ex- that the detentions were for the ul- When two courts, as it were, had ists only in name to our utter shame. terior purpose and unconnected found that there was no basis for with the national security”. their detention, it would be Four of the detainees - Saari unconscionsable and unconstitu- Sungib, Hishamuddin Rais, Tian The Federal Court’s ruling had very tional to detain them any longer. Chua and Mohamad Ezam - will clearly established the fact that Morally their detention cannot be be completing their two-year de- their detention had nothing to do justified. tention on June 1, i.e. tomorrow. with the so-called national security The other two - Dr Badrulamin but had everything to do with ulte- Datuk Seri Abdullah Ahmad Bahron and Lokman Nor Ahmad rior motives. That ulterior motive Badawi is poised to take over the - are due to complete their term of was politically driven to imprison running of the country as the fifth detention on June 12. all those who were seen as a threat Prime Minister of independent to the Barisan Nasional’s security. Malaysia in a matter of months. The compelling reasons for their The court did not find any grounds He must convince us by his deed - release are legal and urgent. The at all to warrant their detention un- as he must the rest of the world - Federal Court had on September der Section 8(1) of the ISA. that he is a compassionate man 6 last year ruled unanimously that who respects the rule of law and their initial detention on April 10, When the lawfulness of an act upholds the principles of justice 2001 under Section 73(1) of the ISA was flawed and the deed of their and fair play. was unlawful and in bad faith. detention was found to be in bad The court did not find any in- faith, as was clearly established, Aliran hopes that when he makes criminating evidence to satisfy the on what grounds can their deten- his decision he will be guided by Minister to make an order under tion be justified or tolerated? There this saying, “No matter how no- Section 8 (1) of the ISA to justify must be a clear-cut basis for their ble the objectives of a government, their detention. continued detention in keeping if it blurs decency and kindness, with our notion of justice. cheapens human life, and breeds The court had stated unequivo- ill will and suspicion - it is an evil cally that “the detention was not There is yet another reason why government”. for the dominant purpose of Sec- they should be freed. The Advi- tion 73 to enable the police to con- sory Board had on two occasions P Ramakrishnan duct further investigations regard- recommended their immediate re- President ing the appellants’ acts and con- lease. The Board decided that 31 May 2003

“No matter how noble the objectives of a government, if it blurs decency and kindness, cheapens human life, and breeds ill will and suspicion - it is an evil government”

Aliran Monthly : Vol.23(4) Page 26 ISA The Struggle To Abolish The ISA Must Continue Many other citizens are still detained under the ISA

lease Hishamuddin, Ezam and Malaysian public not to forget Tian immediately. They have en- that many other citizens are still dured two-year detentions with- detained under the ISA. out trial and don’t deserve to be held any longer pending what- The Government should charge ever investigation. those detainees in an open court, or the Government should free Aliran further notes that Dr them. The ISA must be abolished, Badrul Amin Baharom and and the struggle to abolish it must Lokman Adam are still in continue. Kamunting because their two- year detention orders end on 12 Aliran Executive Committee June. Likewise Aliran calls on the 2 June 2003 liran welcomes back to Minister to release Badrul and freedom Haji Saari Lokman without delay. There is AAA Sungib who was re- no reason, other than bureaucratic leased from Kamunting rigidity and a lack of compassion, Detention Camp on 1 June. We are to continue to imprison them sim- very happy for Haji Saari and his ply because their detention orders family who had undergone a ter- have not technically expired. rible ordeal over the past two years because of Haji Saari’s detention There is no need to release them under the much-abused Internal in two instalments. The Minister Security Act. is empowered to lift their deten- tion order anytime he so wishes Aliran notes that the Minister of in order to release them. Waiting Minister empowered to lift detention order Home Affairs has not extended another 11 days to free them does anytime. the detention orders against not reflect well on the so-called Hishamuddin Rais, Mohammad compassion of a caring society Ezam Mohd Noor, and Tian Chua. that we are forever trying to project Yet these three detainees haven’t and promote. It is worthwhile to been freed because they are held remember that deeds speak louder for various other charges. than words. 21(3) Their situation smacks of punitive While Aliran waits for the full re- action by a Government whose lease of these opposition leaders use of the ISA was unaimously and human rights activists, declared illegal by the Federal Aliran urges the national move- Court last year. Aliran calls on the ment for civil liberties and human Minister of Home Affairs to re- rights, Suhakam and the

Aliran Monthly : Vol.23(4) Page 27 Council should also take up this important issue. Deaths in police custody must stop. All remanded prisoners must be accorded rights to a lawyer, proper food, living conditions, health care and fam- ily visits. We don’t want any more deaths in police custody!

Dr. A Xavier Jayakumar Parti Keadilan Nasional

Demo Double Standards

I waited with bated breath to Letters must not exceed 250 words and must include the writer's hear of police making mass ar- name and address. Pseudonyms may be used. Send letters to : rests of the university students Editor, ALIRAN MONTHLY, 103, Medan Penaga, 11600 Penang, from UNIMAS Kuching and Malaysia or e-mail to : [email protected] Views University Sabah Malaysia who expressed need not reflect those of Aliran. If you are sending demonstrated in support of the by e-mail please include your message in the e-mail body itself. UMNO-sponsored Malaysians for Peace movement. How did We do not open attachments to avoid viruses. they get exemption from the Uni- versities and University Col- Jobs For Evicted don’t argue the need for the po- leges Act? Workers lice to investigate to safeguard the people, but dying in custody Perhaps the good Education Min- I read with sympathy the plight seems to be an on-going pro- ister granted them his blessings of the ex-workers of Bukit Jelutong gramme within the police family! to demonstrate provided it was on in your earlier articles. I wonder a pro-BN issue. Seeing students where these people have moved Sadly most of them are of Indian from University Malaysia Sabah to and where they are currently origin, They are dying in ques- together with, no less, their Vice employed as I am eager to get in tionable circumstances. Whether Chancellor, demonstrating with- touch with them. We have job va- they are drug addicts, hardcore out fear of falling foul of the UUCA cancies to offer them and I would criminals or just ordinary sus- merely confirms that students can appreciate if you could forward pects, they must be accorded all only take part in politics if it is pro- me any addresses on how to con- the rights as an individual and a BN. tact them or their representatives. human being. Here we suspect that these Malaysians are being Student politics of any other in- Bradley racially stereotyped. The police clination or ilk are prohibited. I force must act as an independent thought all were equal before the Say No To body safeguarding all Malay- law, except in Malaysia, where if Custodial Deaths sians. The public on the other hand you are on an UMNO perahu, you is also very complacent. There can demonstrate, otherwise you We are now confronted with con- should be more concerned groups cannot. God help you if you try tinuous news of death in custody making their voices heard regard- and demo against ISA, the Bakun when under police care. It is also ing the ill treatment faced by peo- Dam, or even against your em- sad that we don’t seem to do any- ple in custody. ployer who did not pay you wages thing about these outrageous as promised. deaths. How can this be allowed The MIC have no answer, and are to go on? We believe that anyone incapable of probing into this. The R J Noel is innocent until proved guilty. We police must now answer, the Bar Kuching

Aliran Monthly : Vol.23(4) Page 28 ALIRAN MONTHLY SUBSCRIPTION FORM A GIFT of one publication Mr./Ms. of your choice Address if you subscribe to

Occupation Tel. No. Aliran

Subscription 1 yearyear1 AIRAIRAIR Monthly for 11 issues 2 yearsyears2 SEASEASEA RM

RM NOW Donation for Aliran ...... (Tick one) TOTAL Enclosed : Money Order / Postal Order / Cheque RM (No. ) payable to Aliran AM 2003: 23(4) Pandangan SUBSCRIPTION RATES ALIRAN COUNTRY ONE YEAR TWO YEARS MALAYSIA RM25.00 RM50.00 The NEP: SINGAPORE & BRUNEI S$28 S$50 Development and AIRAIRAIR SEASEASEA AIRAIRAIR SEASEASEA Alternative ASIA & THE PACIFIC US$25 US$21 US$44 US$38 Consciousness EUROPE & EGYPT US$28 US$21 US$50 US$38 AM 2003: 23(4) AFRICA, NORTH AMERICA, US$30 US$21 US$54 US$38 SOUTH AMERICA, HAWAII “Liberty GIFT SUBSCRIPTION of thought ORDER FORM means liberty Please send this gift subscription to : AM 2003: 23(4) to communicate Mr./Ms. one's thought.” Address

Salvador de Madariage Occupation Tel. No. 1886 - 1973 Subscription 1 yearyear1 AIRAIRAIR Spanish diplomat, writer, critic for 11 issues 2 yearsyears2 SEASEASEA I enclose money order / postal order / cheque for the above order amounting to RM payable to Aliran. Send this form and payment to

This gift subscription is paid for and presented by: Mr./Ms.

Address ALIRAN DISTRIBUTION BUREAU 103, MEDAN PENAGA, 11600 JELUTONG, PENANG, MALAYSIA

AM 2003: 23(4) Date Signature

Aliran Monthly : Vol.23(4) Page 29 REGIONAL Malaysians Protest Against War On Aceh By Indonesia

A protest was held in front of low five representatives to en- demned strongly the arrogant the Indonesian Embassy in ter the embassy and hand in the and no-dialogue attitude of the Kuala Lumpur on 23 May joint memorandum to the am- Indonesian embassy, which it 2003 at 2.00pm to protest bassador.bassador.bassador. said was precisely the prob- against the war and military lem in the conflict over Aceh, agression on Aceh by the In- After much negotiation, the se- where the Indonesian govern- donesian government. curity guards at the front door of ment has refused to engage in the embassy told the delegation peaceful dialogue to resolve The Indonesian embassy re- that the embassy had instructed the problems in Aceh. fused to send any representa- him to tell the delegation that if tive to meet the delegation of the delegation wanted to hand in About 50 protestors turned out the NGOs and political par- the memorandum, they could today with banners and plac- ties and to receive the joint hand it in to the guards - a sug- ards calling for peace in Aceh, memorandum. gestion the delegation rejected with about 30 policemen outright.outright.outright. guarding the embassy and the The embassy had earlier in- crowd. The protest lasted for dicated that they would al- Instead, the delegation con- one and a half hours.

Joint Memorandum on the war in Aceh tee (JSC) was established with representatives from GAM, the 23 May 2003 Indonesian government, the Henry Dunant Centre (HDC), We, the undersigned non-govern- and international observers from mental organizations, express our Thailand, the Philippines and gravest concern and pledge our Norway. solidarity with the people of Aceh following the Indonesian govern- We believe this peace process and ment’s declaration of martial law cease-fire brokered by Henry in Aceh and its ongoing military Dunant Centre (HDC) would have operation against the Free Aceh allowed all civilians to live their Movement (GAM). lives without fear.

The situation in Aceh has dete- However, human rights groups in riorated after both the Indonesian Aceh have recorded numerous government and the GAM failed incidents where militiamen, said to uphold the Cessation of Hos- to be trained by the Indonesian tilities Agreement (CoHA), which military, had attacked civilians was signed on 9 December 2002. and international observers. The Under the CoHA, a committee offices of the JSC have also been called the Joint Security Commit- torched.

Aliran Monthly : Vol.23(4) Page 30 Other human rights violations 5. To create an independent com- ers immediately and uncondi- include a series of rapes, murders mission to investigate the se- tionally; and disappearances recently. Ac- ries of attacks and killings in 7. To allow for freedom of speech tivists working for peace in Aceh JSC offices and bring the per- and assembly for the people in have also been detained. On 9 petrators to justice; Aceh to express their political May 2003, five of the negotiators 6. To release all political prison- aspirations.q from GAM were arrested as they were about to fly to the Tokyo talks. BRIEF HISTORY Currently, it is estimated that around 35,000 Indonesian sol- Acehnese proudly remember In 1971 Mobil Oil discovered diers have been amassed in every Sultan Iskandar Muda (ruled massive natural gas reserves corner of Aceh province. Rencong 1607-36), who made Aceh the in North Aceh. The Sakti, the code name of this Indo- most powerful state in the re- Lhokseumawe liquid natural nesian military operation, is not gion. Europeans began seri- gas plant became the biggest just a military operation name but ously to press in during the im- in the world, suppying 30 per also a call for ethnic cleansing or perialistic nineteenth century. cent of Indonesia’s oil and gas genocide. In 1873 the Dutch launched a exports. Industries mush- costly and bloody war against roomed around it, and with it The present military offensive Aceh. Despite superior arms, pollution and social disrup- against GAM reminds us of the it took them four decades to tion. Daerah Operasi Militer (DOM) of win effective control against 1987-1998, which claimed the Acehnese guerrilla tactics. However, the Acehnese were lives of 12,000 civilians. Undoubt- well aware there was little in edly, once again, civilians will When Indonesia proclaimed it for them. This was perhaps perish, with children and women its independence in 1945, the main reason for the resur- being most affected. Thousands of Acehnese leaders lent crucial gence in 1989 of an Acehnese people will be displaced from support. But they were disap- seccessionist movement that their homes and villages, and an pointed that Jakarta gave Islam had been led for years by overflow of desperate refugees and themselves, far less impor- Hasan di Tiro from his exile from the war zone to neighboring tance than they had hoped. in Stockholm. The military countries in ASEAN is almost Aceh joined a major regional crackdown that followed left unavoidable. rebellion in 1953. Fighting deep wounds in Acehnese so- wound down after the ciety that are only now being Therefore, we urge the Indonesian Acehnese won an agreement exposed. government: with Jakarta in 1959 that ex- 1 . To withdraw the declaration of tended autonomy to Aceh. Source: IRIP News Service war and martial law in Aceh; 2. To stop all military operations Endorsers: 1.Suara Rakyat Malaysia (SUARAM) 2.Food Not Bombs (FNB) in Aceh promptly and with- 3.University Bangsar Utama (UBU) 4.Labour Resource Centre (LRC) draw their battalion of militias 5.Persatuan Sahabat Sahabat Wanita Selangor (PSWS) 6.Network of Soli- to reduce tension in Aceh; darity Collective (NOSC) 7.Pusat Komunikasi Masyarakat (KOMAS) 3. To return to the negotiation ta- 8.Persatuan Masyarakat Selangor dan Wilayah Persekutuan (PERMAS) ble and seek solutions to stop 9.Save Ourselves (SOS) 10.Penang Anti-ISA Network (PAIN) 11.Malaysian conflict in Aceh through peace- Local Democratic Initiates (MALODI) 12.Parti Sosialis Malaysia (PSM) ful means; 13.Parti Keadilan Nasional (PKN) 14.Democratic Action Party (DAP) 15.Democratic Action Party Selangor Youth (DAPSY) 16.Parti Rakyat Ma- 4. To allow international peace laysia (PRM) 17.Parti Islam Se-Malaysia (PAS) 18.SOS Selangor observers to monitor human 19.Jawatankuasa Sokongan Peneroka Bandar 20.Aliran Kesedaran Negara rights and development pro- (ALIRAN) 21.Women/Workers Independent Media and Training Centre grams without fear and har- (WIMTEC) 22.Gabungan Pelajar Malaysia Anti Peperangan (GEMPAR) assment; 23.Jamaah Islah Malaysia (JIM) 24.Center for Orang Asli Concerns (COAC)

STOP MILITARY OPERATIONS ON ACEH NOW! RESOLVE THE CONFLICT IN ACEH THROUGH PEACEFUL NEGOTIATIONS NOT WAR!

Aliran Monthly : Vol.23(4) Page 31 ASSAULT IN KAMUNTING An Embarrassment For The State Act now to wipe out custodial violence by Stephanie Bastian

n recent years, numer- Tian Chua by about twenty offic- III ous cases of violence in ers at the Kamunting detention II custody have been high- centre. lighted and exposed, prompting urgent calls for ac- An Irony countability, transparency and reform of law enforcement agen- The Home Affairs Ministry immigrants and for those detained cies. These calls have been made houses the main law enforcement under preventive detention laws by the Bar Council, human rights agencies such as the police de- such as the Internal Security Act groups, NGOs, opposition parties, partment, the prisons department, (ISA). The secretive and incom- victims and their families and the immigration department and municado nature of these deten- Suhakam. The law enforcement the drugs treatment and rehabili- tions provides the ideal setting for authorities too have admitted to tation division. custodial violence by law enforce- the many flaws and weaknesses ment officers. in their agencies and departments. Custodial detention in the coun- try can take several forms. The Where Can You During his speech in conjunction most common form of custody is Be Safe? with police day celebrations, the detention in a police lockup; IGP of police, Norian Mai con- within 24 hours the detainee is to Daily thousands of people pass ceded that criticism against the be brought before a magistrate, through our criminal justice sys- police included alleged corrup- who can approve a maximum 14- tem. Many get detained in custody tion, abuse of power, lackadaisi- day remand period in the lockup for various reasons and are clue- cal attitude, rudeness, careless- for investigation purposes. It is less about their rights and the pro- ness and involvement in criminal indeed ironical that those 14 days cedures. Their grievances are of- activities (malaysiakini.com - while the detainee is under the ten unheard and they are helpless. 26.3.03) care of the police and guilt has yet Many too unfortunately become to be established - could prove victims of the heinous crime of Incidents of custodial violence fatal. custodial violence - at the mercy that are a cause of deep concern of law enforcement officers, who include the shooting sprees of sus- Other custodial establishments present themselves as the only pects, physically abusive arrests, are the prisons and correctional link between the detainee and the violence and deaths in police lock- or rehabilitation centres for juve- outside world. Violence in cus- ups, sexual assaults and rapes in niles, drug addicts, religious of- tody includes verbal abuse, lockups and immigration deten- fenders and young women. De- threats, physical attacks, sexual tion centres. The latest case was tainees are also held in the infa- assault, rape, degrading and in- the assault on political detainee mous detention centres for illegal human treatment, denial of medi-

Aliran Monthly : Vol.23(4) Page 32 cal assistance, torture and death. domestic violence complaint by Law Enforcement Officials 1979, his wife. He was beaten into a and the Basic Principles on the The recent destruction of political coma and later died in hospital. Use of Force and Firearms by Law detainee Hishamuddin Rais’s This case sadly reflects the seri- Enforcement Officials 1990 pro- garden plot at the Kamunting de- ous consequences of an irrespon- vide detailed standards on the tention center represents the sub- sible police authority. Can the po- rights and treatment of people in tler forms of custodial violation lice really hide behind the claim custody . While these standards where clearly the intent is to pun- that the violence was inflicted by and references exist and as hu- ish and break the human spirit of inmates – what a shame that the man rights groups lobby for them the detainee. Sadly, violations of police are not even in control of to be entrenched, the state should this nature serve only to reveal the their own lockup. Would it not exhibit its sincerity by exercising inner levels of the inhumanity of have been a simple logical solu- its political will. humankind. tion to place him in an empty or safer cell, if he was drunk and Rights in custody are also out- Custodial violence is cowardly shouting? How many people will lined or implied in domestic laws and deplorable - a criminal act. It now, be reluctant and apprehen- such as the Malaysian Constitu- is the misuse of powers by en- sive about lodging domestic vio- tion, the Prisons Ordinances of forcement officers who are sup- lence or other complaints for fear Malaysia and the lockup rules. posed to be responsible for up- of a similar tragedy? (New Straits Often even these basic provisions holding the law and protecting the Times 24.11.02) are not implemented, as disclosed rights of citizens. They take ad- by Suhakam recently. Persons in vantage of the unequal power re- Haggling Of Rights custody and their families are, by lations in custodial settings to and large, unaware or misin- engage in heinous dehumanizing International human rights stand- formed about the laws and proce- acts of violence. An equally impor- ards have differing legal status. dures. Rights to legal representa- tant aspect of custodial violence There are treaties, which are bind- tion, information, communica- is the betrayal of the trust placed ing on the states that ratify it, and tion, medical care, food, living on the authorities by society and non-treaty standards that repre- conditions, trial, legal redress and the families of those in custody. sent the consensus of the interna- safe custody, are not granted as a The logical query is: “If you are tional community, to which states matter of right. Instead they be- not safe in police custody, then should aspire. Despite repeated come issues to be haggled between where can you be safe?” calls from human rights bodies in the authorities and the families. the country, Malaysia has not yet The implications and conse- ratifired the treaties such as the Going To The Roots quences of custodial violence are Covenant on Civil and Political extremely damaging. It erodes Rights 1966 and the Convention Notwithstanding that laws and trust in the enforcement agencies against Torture and Other Cruel, standards exist; they are empty and it ridicules the old adage: Inhuman or Degrading treatment promises without effective im- “Trust the police, let them do their or Punishment 1984 (CAT). plementation, political will and job”. It also discourages coopera- a receptive mindset. A question tion from the public, who feel that Non-treaty standards such as the that needs to be asked is - why a suspect will not be given a fair Universal Declaration of Human does custodial violence exist? hearing by the authorities. Rights 1948, the Body of Princi- How can a human being (or a ples for the Protection of All Per- group) take advantage and vio- Take for instance the death of sons under Any Form of Deten- late another human being, who Sundara Raju, who was allegedly tion or Imprisonment 1988, the is at his mercy, unarmed and beaten to death by fellow inmates Standard Minimum Rules for the alone? Perhaps we should at a lockup in Klang. He was re- treatment of Prisoners 1955, Ba- closely examine the law enforce- portedly drunk and had been sic Principles for the Treatment of ment agencies and their sup- placed in the lockup, following a Prisoners, Code of Conduct for porting mechanisms

Aliran Monthly : Vol.23(4) Page 33 Selection of law enforcement of- out in places shielded from pub- incident. ficers ficers – Are physiological profiles lic scrutiny; considerable efforts done in order to eliminate trigger- are often made to conceal evi- Policing the police – Clearly the happy applicants seeking a legiti- dence vital to the successful pros- lack of independent bodies to act mate position to indulge in vio- ecution and conviction. Investiga- as a credible check and balance lence and authority over people? tions, where they occur, are often on law enforcement agencies is a stalled because of the inaction, in- factor in the continued abuse of Training and orientation – Do effectiveness or complicity of the power. Enforcement agencies do components of the training in- investigating body. not feel pressured or obligated to clude the concept of reasonable account seriously for their actions force and the use of discretionary Even where complaints are pur- to a neutral third party. At the powers and discernment when sued, only a tiny proportion of of- same time, victims and their fami- dealing with different types of ficers prosecuted are eventually lies are also reluctant to take ac- suspects? Does the orientation in- convicted, and generally the sen- tion against their violators in the corporate a sensitization pro- tences meted out do not commen- absence of independent parties to gramme to overcome discrimina- surate with the crime. This creates the dispute. In addition, the pros- tion and prejudices on the a climate where violators can con- ecution and the judiciary, while grounds of race, gender, sexual tinue to resort to violence, safe in working closely with law enforce- identity and drug addiction? the knowledge that they will ment agencies in eradicating never face arrest, prosecution or crime, need to preserve the rule of Investing in investigative skills punishment - that they can get the separation of powers. They – What emphasis is placed on away with it. Bringing the offend- should not hesitate to exercise modern technology and forensic ers to justice not only deters them their roles and act against these science as methods of investiga- from repeating their crimes but agencies when the need arises. tion and crime solving as opposed also makes it clear to others that to the use of violence to obtain in- violence will not be tolerated. Time To Act formation and confessions. There are people who are supportive of Filing Complaints – Lodging of- There is nothing unique or radi- the use of violence in interroga- ficial complaints against police cal about calling for reform of law tion and who simplistically allude abuse is a daunting and a time- enforcement agencies, as many that “a few slaps will do the trick.” consuming effort. The Police Dis- countries across the globe have or Evidence and experience has re- ciplinary Committee, the body set are in the process of introducing vealed that this is an infantile per- up to receive complaints, is situ- programmes to reform their en- ception, especially with the in- ated in the heart of Bukit Aman forcement agencies. crease in cases of abuse. Once the police headquarters. To reach this floodgates are open to violence, office one has to pass numerous The increasing incidence of custo- there will be no accounting for the gateposts, security checks and dial violence is proving to be an limits and in the long run it will queries, which itself requires per- embarrassment for the state and its make for a lazy and ineffective severance. This internal mecha- citizens. The recent diplomatic fu- police force. Injury and deaths in nism to address grievances not rore with India on the abusive raid custody should not be regarded only appears inaccessible but also and arrest of its IT professionals as collateral damage that is una- hostile and discouraging. Victims and the spat with the Philippines voidable. of violence and their families, who over the rape in a detention centre already feel stigmatized, nervous of a Filipino national (who then Im punity Impunity – (the failure to bring and terrified, would hardly find turned out to be a Malaysian) are those responsible for violence to the courage to go through this signs that we need to tackle this justice) Survivors of custodial vio- process. Furthermore many vic- problem urgently. The state must lence often experience not justice tims are threatened, discouraged surely be aware that custodial vio- but further abuse and intimida- and advised that the best action lence defeats the image of a hu- tion. Violence is normally carried would be to forget about the whole mane, just and civilized society. q

Aliran Monthly : Vol.23(4) Page 34 ASSAULT IN KAMUNTING Continued from page 40

According to Cheah Kah Peng, the to it, that is, recommend the de- That wholly unreasonable order lawyer representing Tian Chua tainees’ release. resulted in the total destruction of and Hishamuddin Rais, his cli- the fruit trees, beans, herbs and ents were ‘slapped, stripped na- Attempt To Extend vegetables that the detainees had ked, pushed and forced against Detention Order? painstakingly cultivated. Wasn’t the floor, handcuffed, sat on, it an act of provocation to destroy beaten with batons and had pic- Under the circumstances, the as- literally the fruits of the detainees’ tures of them in the nude taken by sault on Tian and Hisham was labour of love? So, was the provo- camp photographers as they were particularly suspicious. Was the cation intended to create an inci- being overpowered.’ assault someone’s attempt to force dent that would become a pretext the Minister of Home Affairs to to prolong the detainees’ incar- In all, 30 warders and security extend Tian and Hisham’s deten- ceration? personnel in full assault gear in- tion orders? If so, who were in- vaded Tian and Hisham’s living volved? On 8 May, the day that the Ad- areas. Why would 30 warders be visory Board recommended their needed to handle two defenceless Was it their intention to create the release, Tian Chua retrieved his detainees? Doesn’t this suggest impression that the detainees had notebook computer from the that the assault was premeditated not been ‘sufficiently rehabili- record office with the knowl- and meant to intimidate and to tated’ and still posed a so-called edge and sanction of a top offi- create an impression of chaos? Or threat to national security? A se- cial. This computer was deliv- were these warders venting their ries of other incidents in May in- ered to Tian Chua last year but anger on the Advisory Board that dicated the likelihood of some he hadn’t been allowed access had recommended the release of such ploy. to it at all. The computer was just some of the ISA detainees? kept in the storage area of the First, on 3 May the authorities took record office. Interestingly, the Advisory Dr Badrul Amin Bahron to Kuala Board was surprised that the Lumpur to attend court the next Yet, on the day of the assault, 30 detainees hadn’t been released day even though Dr Badrul was camp personnel in riot gear went when their cases came up for suffering from extreme high blood to ‘repossess’ Tian’s computer. another review on 8 May, the day pressure. Despite medical advice Tian who happened to be before the assault on Tian and discouraging Dr Badrul from un- present when the repossession Hisham took place. The Advi- dertaking the journey, the authori- occurred was seriously as- sory Board had in December last ties were adamant that he should saulted. Hisham witnessed year recommended that these go. Naturally this upset his Tian’s beating and went to his detainees should be released. friends and caused animosity be- friend’s aid. Hisham himself The Board itself couldn’t simply tween them and the detention was brought down, beaten, turn a blind eye to the ruling of camp staff. handcuffed, and dragged off to the Federal Court on 6 Septem- solidarity confinement. Was this ber 2002 that the ISA detentions As if it wasn’t enough, the deten- high-handed and brutal assault were politically motivated, car- tion camp staff resorted to another necessary? ried out in bad faith, and there- provocative gesture. While the fore a constitutional violation. detainees were away, the Camp Each of those incidents was an Director ordered the vegetable plot outrage. All of them together sug- In the light of the Federal Court’s that was managed and main- gested an attempt to provoke the ruling, there were no legal or moral tained diligently by the detainees detainees into some form of retali- grounds for the detainees’ contin- to be cleared and destroyed. ation just before their two-year de- ued incarceration. The Advisory tention orders were due to expire Board took the only course open Why was such a step necessary? (in June).

Aliran Monthly : Vol.23(4) Page 35 Badawi Responsible For Shameful Conduct The Hell Plant Deputy Prime Minister Datuk Seri Abdullah Badawi is Minister of Upon scorched earth, Home Affairs. He is directly re- The ruins of homes, sponsible for the shameful con- The bodies of children, duct of his Kamunting officers. Thrives a satanic weed, Abdullah Badawi hasn’t said a A demonic bush, word to condemn the assault on the detainees. Living on blood, The blood of innocents, Despite some of his previous ut- It sends fires before it, terances on police conduct, it Fires unquenchable, would seem that Abdullah Fuelled by the oil between two rivers, Badawi’s authority hasn’t made much impact on his officers. It is What cleansing flame can rid us of this hellish plant? public knowledge that there have What fires from heaven fall to eradicate the evil bush? been cases of assault and torture None, under police custody, death All that falls is a salt rain of brine, among detainees arising from po- As the heavens mourn our idiocy. lice brutality, and allegations of the sexual molestation of female KTJ 2003 detainees by male police officers.

Has violence against detainees of ishment meted out Rahim Nor? missioners expressed their views? all kinds become part of a perva- Did he ever have to spend time in sive police culture? Is it tacitly prison, like Anwar, or the Isn’t it strange for the Chairman encouraged, or at least tolerated? Kamunting detainees? of Suhakam to advise the detain- How many police personnel who ees to make a police report? Al- had flagrantly abused their au- It is the failure to punish and pun- though Suhakam has apparently thority been openly charged and ish sufficiently police personnel, written to the Kamunting authori- punished? such as the former IGP, or the ties their versions of the assault Kamunting warders, or other po- on Tian and Hisham, why hasn’t Remember the assault on Anwar lice officers, guilty of brutality, that Suhakam visited Kamunting to Ibrahim? In that incident, police breeds that kind of sickening con- hear the detainees’ versions, and personnel handcuffed and blind- duct. Unless and until stringent to conduct an on-the-spot investi- folded Anwar before the Inspec- action is taken against such per- gation? tor-General of Police carried out sonnel, even detention centres will his cowardly attack on Anwar. be unsafe for detainees. Like every sensible and con- All who were involved were silent cerned citizen, the Suhakam or lied about the incident to pro- Why Didn't Commissioners must know and tect their boss and themselves. The Suhakam Intervene? practise this much: Only inde- police team instructed to investi- pendent, responsible and legally gate Anwar’s assault didn’t re- This case has been widely re- sanctioned intercession is abso- veal the identity of the assailant. ported. Suhakam, the National lutely necessary to curb police Human Rights Commission, has brutality. Otherwise, Suhakam Only when until public pressure received memorandums and re- will be failing to carry out one made it impossible to conceal the ports. Why, then, hasn’t Suhakam of its core functions, which is ‘to IGP’s crime, did the IGP confess intervened? Is Suhakam reluctant inquire into complaints regard- before the Commission of Inquiry. to intercede? If so, why? If not, ing infringements of human Yet what was the eventual pun- why haven’t the Suhakam Com- rights’. q

Aliran Monthly : Vol.23(4) Page 36 ASSAULT IN KAMUNTING

Memorandum To Suhakam I Was Assaulted Too, Claims Detainees’ Lawyer Home Minister must explain how this could have happened

thorities or their agents. Such treatment includes cases of as- sault, harassment, beatings, kick- ing, slapping, being stripped na- ked, interrogation, letters being confiscated, being cut off from outside communication, allowing their drinking water to be con- taminated (the dead birds in the water tank incident), medical sup- plements being prohibited, per- sonal property being damaged, being cut off from important news in the newspapers, their lawyers being turned away for no good Chairman of Suhakam reason, being handcuffed and & Commissioners of Suhakam blindfolded for long hours when Kuala Lumpur, Selangor travelling, or being blindfold and handcuffed when walking inside Dear Sir / Madam, buildings (like being blindfolded and made to walk up or down the (1) Assault on KeADILan Reformasi 5 in Kamunting Detention Camp staircase) etc. (2) Assault on lawyer inside Kamunting Detention Camp I would also like to point out that I refer to the above matter and the enclosed letter of the Reformasi 5 during our visits to the camp, the dated 10h May 2003. lawyers often find plainclothes personnel in the camp, sometimes I am one of the lawyers representing the six Internal Security Act de- interfering with the warden’s de- tainees. Five of them are now still detained in the Kamunting Deten- cisions, and always prepared to tion Camp. They are Mr. Chua Tian Chang, Mr. Saari Sungip, Mr. threaten the detainees and the Hishamudin Rais, Mr. Lokman Adam, and Dr. Badrul Amin. (Mr. lawyers. When challenged, they Mohd Ezam Mohd Nor is now detained in Kajang). would refuse to identify who they are; they often behave in a very in- Over the two years detention period, we the lawyers have received timidating manner. In the recent many complaints from the families and from the detainees about the episode, one plainclothes person- unreasonable treatment meted out to the detainees by the camp au- nel (acknowledged by Camp su-

Aliran Monthly : Vol.23(4) Page 37 perior officer Mr. Adina to be one ther education programmes. ked, pushed and forced against of the “agents”, threatened me, (Backed by documentary evidence the floor, handcuffed, sat on by and threatened my life when I was from the university). Letters urg- heavy bodies, beaten using ba- in the camp in front of the supe- ing the Camp authorities to expe- tons; pictures of their nudity were rior officer and at least five other dite the matter were shown to Mr. taken by the Camp photographers officers and wardens). Sobri by lawyers. while they were being overpow- ered. The principle grounds of com- After the lawyers had explained, plaints are as follows: Mr. Sobri agreed in front of Mr. It is difficult to imagine that some- Chua Tian Chang and the above- body can do this; we can only con- Assault On named three lawyers that he clude that this madly orchestrated KeADILan Reformasi 5 would check with the Home Min- assault and the taking of naked In Kamunting ister’s office again about the long pictures of the detainees while Detention Camp and unnecessary delay in allow- they were being overpowered was ing the detainees to further their the work of a mad man seeking to On 8 May 2003, the Review Board studies. provoke. reviewed the cases of the five Reformasi detainees. The Review In the meantime, as a preliminary Assault On Lawyer Board stated that they have to be aid to Mr. Chua’s PhD research, Inside Kamunting consistent with their previous he consented to the return of Mr. Detention Camp finding, which was to release the Chua Tian Chang’s laptop com- Reformasi detainees at once. Their puter, which was held in the cus- The same thing happened to me, last finding was made on or about tody of the Camp authority for a lawyer visiting the camp. 12 December .2002. The Review about a year. Board stated that they respected In the afternoon, a day after the the finding of the Federal Court We the lawyers were subsequently assault, I received a telephone call last year, when the court held that told by the clients that the laptop from Mr. Sivarasiah, another law- the police was “mala fide” in their computer only stayed with Mr. yer representing the detainees. He investigation against the Chua Tian Chang for less then a informed me that our client Mr. Reformasi detainees under sec- day. This is because on 9 May Chua Tian Chang had placed a tion 73 of the Internal Security Act. 2003, Friday (the next day), a team telephone call through the camp The Review Board expressed re- of Detention Camp Security Unit authority to him. Chua’s re- gret that the Minister had chosen (Unit Keselamatan Penjara, UKP quested (in front of the camp’s per- to disregard their consistent ad- for short) stormed into the area sonnel) the lawyer to see them im- vice to release the Reformasi de- and rooms where they were being mediately. tainees. confined and took away the laptop computer using extreme I was sent to see them immediately On that same day, the lawyers force. The UKP came with batons after the telephone call. On my (Gooi Hock Seng, Gooi Hsiao and shields, the detainees were way to Kamunting Detention Leung, and Cheah Kah Peng) beaten with batons. Camp, I was called by the family made an appointment to meet Mr. members of Chua Tian Chang and Sobri, one of the high ranking of- The details of the assault and at- informed of the details of his inju- ficers of Kamunting Detention tack are more clearly described in ries and the incident that hap- Camp. The lawyers reiterated their joint statement, which is en- pened the previous day. their clients’ requests to further closed with this letter. Suffice to their studies in the Camp. They say here that they were assaulted When I reached the camp, it was further advised Mr. Sobri about with excessive force intentionally. 3:30 pm. I waited, but was on their acceptance and conditional One or more of the detainees were many occasions rejected by the acceptance in universities for fur- slapped on the face, stripped na- camp guards and operator from

Aliran Monthly : Vol.23(4) Page 38 entering the second level. I in- were later restrained by the war- of “man”. After comparing de- sisted and explained over the dens standing around, only after scriptions and consulting my cli- phone that I was requested to I said I would complain to the Bar ents, the man in question could be come, by a telephone call placed Council. I am sure he would have the same man that assaulted by my client together with the un- hit me on the face if the others had Hishamudin a day before. I was derstanding and supervision of not restrained him. That is for told his name was “Sulaiman”, the camp authorities. In short, I sure, because he was about four hence “man” for short. told them I was invited to come feet from me. When he shouted, with the expressed permission of his saliva was all over my face. The Intention Of the camp. While he was being very loud and This Letter vicious in his language, shocking Mr. Edina, the deputy Chief words like “you take care of your- It is the intention of this letter to (Timbalan Ketua Pengarah) came self outside, we will….”, “when I get the response of all parties with a few wardens and officers see you again, I will…..”” You concerne; as the lawyers of the in a jeep at about 3.45 pm. At first, think you lawyer can do any- detainees, we seek help and ask he did not understand the situa- thing, huh? Just wait and see out- SUHAKAM to investigate the tion until I explained it to him. side….” And of course, he had a above matter and provide us with Nonetheless, he asked me to come lot of intimidating gestures as if a report and preferably a proposal on another day. I protested at the he is on the verge of beating me as to how to address any wrong- unfairness of them inviting and up. He tried very hard to scare me. doing and infringement of human then rejecting the lawyer all in the On various occasions, he tried to rights right under our noses. same afternoon. run towards me, but was re- strained. Following this letter, we would of After my strong protest, and my course call for the Home Minister explanation about the extraordi- I asked Mr. Adina, the chief in to explain to us why and how this nary circumstances where I was charge of the camp that day, to iden- could have happened again and informed of my assaulted clients, tify the “violent man”. Mr. Adina again under his office. We further a plainclothes camp personnel be- was there witnessing the whole call for the Suhakam commission- lieved to be either from the secret thing. He was standing next to the ers to work closely and effectively service (special branch) or one of “mad man” who tried to beat me with all parties concerned to put the wardens pounced on me and up. He identified him as “one of pressure on those human rights started to scream threatening sen- them”, but refused to identify his violators, so that breaches of hu- tences and words at me. He made name. But, I remember when that man rights can be eliminated from me feel threatened and tried to man was running towards me and the face of this land. stop me from meeting my clients. tried to attack me, when he was His violent movements towards held back by the other wardens, Mr. Yours faithfully, me (pouncing, shouting, spitting, Adina shouted at him to calm Cheah Kah Peng brandishing his fists, swearing) down, and called him by the name 12 May 2003

Aliran Monthly : Vol.23(4) Page 39 ISA Assault In Kamunting Keepers of law became violators of rule of law

n May 9, 2003, around OO 4 p.m. a despicable in- OOO cident took place at Kamunting Detention Centre, Taiping, where ISA de- tainees were locked away. Kamunting Detention Centre is the infamous place where the Malaysian government robs the freedom of Malaysians it doesn’t have the guts to charge in open court. This is the place where Malaysians who are arbitrarily denied their right to defense, fair- ness and justice are separated from society and family in an in- humane fashion.

Kamunting Dentention Centre stands out as our national shame and disgrace: a place of injustice and a cruel reminder to the whole world that Malaysia still practises barbaric methods of denial and resorts to false accusations to put away political critics and honest dissidents. Deplorable And Unforgivable

What took place in Kamunting Detention Centre on May 9, was deplorable and unforgivable. The ‘keepers of the law’ became the violators of the rule of law. They deliberately took the law into their hands and assaulted the detain- ees under their charge. They acted like thugs and bullies.

Continued on page 35

Aliran Monthly : Vol.23(4) Page 40