- _' A "<1 "‘~{;- Q »‘I~H'h)|;.3{,'v'J)'J —i-k COMMISSION OF COURAGE Commission of courage 2 Assertive Election Commission What voters say 7 vital for free and fair election Stop Press 10

Will history repeat itself? 12 The Chief Election Commission of India, Political solution needed 17 TN Seshan has been making waves as he stands up bravely to both ruling and Thinking Allowed 19 opposition party politicians in bid to ensure Letters 24 free and fair elections in that country. Current Concerns 30 In so doing, he has reinforced beyond doubt Aliran needs a home 31 the independence and credibility of India's The more you clean 32 Election Commission. Kg. Chubadak Tambahan 35 FAN YEW TENG challenges 's own Election Commission to emulate the trail­ blazing success of its Indian counterpart

Public rallies are permitted in India

A/iran Monthly 1995: 15(2) Page 2 COVER STORY

"Neilher the President f'Or the Governor. .. (or) the Government at the Center or any State had an 10tci ofauthonry to quest/On" the ElectiOn Commission's right. Mleneral Elections the and by-elections can hardly be among members ofthe police and world over are becoming questioned. armed forces. increasingly expensive Be that as it may, elections must affairs. According to the Deputy INDEPENDENCE not only be free and fair, but must Chairman of the Election Com­ be seen to be free and fair. And it mission of Malaysia, Datuk Omar Ironically and sadly, most of the is in this respect that a nagging time the Election Commission it­ Hashim, the Election Commission feeling persists among a substan­ self, and most of our lawyers, has been allocated RM40 million tial number of Malaysians that the parliamentarians and politicians to conduct the 1995 general elec­ Election Commission has not are unaware that Part VIII of the tion. This sum is double the been assertive enough to ensure Federal Constitution provides for amount allocated for the previous that most things which matter in the independence of the Election general election held in I 990. an election are fair. Commission. Article 113 empow­ One persistent complaint - espe­ ers the Election Commission to More important than the question cially among opposition parties conduct elections to the House of of money is of course the assur­ and candidates - is the unfair ac­ Representatives () ance that elections are always cess to the mass media during an and the State Legislative Assem­ conducted in a free and fair man­ election campaign. This is not to blies. The Election Commission ner for all concerned - the voters forget the equally frustrating ex­ is also empowered to prepare and and the contesting candidates. perience of unfair media access revise electoral rolls for such elec­ Winning or losing in a free and before the campaign. This was in tions, and to review the division fair manner is what parliamentary fact one of the main issues com­ of the Federation and the States democracy is all about. mented upon by the Common­ into constituencies and recom­ wealth Observer Team during the mend such changes therein as they Granted the Election Commission 1990 general election. may think necessary. has successfully conducted gen­ eral elections since 1955 both at Another bone of contention that Article 113, Clause (5) states very state and federal levels every four has been a cause of considerable clearly: "So far as may be neces­ or five years. The Commission's unhappiness among opposition sary for the purpose of its func­ competence and professionalism candidates is the way postal vot­ tions under this Article the Elec­ in conducting general elections ing is conducted, particularly tion Commission may make rules,

Aliran Monthly 1995: 1 5(2) Page 3 but any such rules shall have ef­ SESHAN'S EXAMPLE Sabha (Upper House) elections fect subject to the provisions of due later that year. federal law." In other words, the Thus, the constitutional provi­ Election Commission may make sions for a fiercely independent The controversy had stemmed rules to ensure that elections are Election Commission are there. from what Seshan described as a Why conducted in a free and fair man­ aren't they used Wly? subversion of his "exclusive ner. discplinary jurisdiction" over Perhaps our Election Commission election officials by the State should learn a thing or two from the Election Commission oflndia Government "at the behest of in general and TN. Seshan, the political bosses." "I don't hate Chief Election Commissioner of politicians, India, in particular. Rejecting the Cabinet Secretary's and the Attorney-General's views Soon after being appointed as the on the matter, Seshan argued that I just hate Chief Election Commisioner of "neither the President nor the India in December 1990, TN. Governor ... (or) the Government bad politics." Seshan has been embroiled in con­ at the Centre or any State had an troversy in his struggle to assert iota of authority to question" the - T.N. &shan the independence of the Election Election Commission's right to Commission of India. In the pro­ requisition any officer for election cess, he has stood up to politicians Article 114 empowers the King to work. appoint the Election Commission, both in the government and in the opposition, as well as to some top after consultation with the Con­ Seshan's behaviour at one time civil servants and bureaucrats. ference of Rulers. It is significant prompted many MPs in both the to note that Clause (3) ofthe same ruling Congress (I) and some op­ Article states that members of the position parties to demand his Election Commission - a chair­ "If you do impeachment. However, specula­ man, a deputy chairman and three tions has it that Prime Minister other members - "shall not be re­ something N arasimha Rao had not been moved from office except on the wrong, I have no like grounds and in the like man­ able to remove him because ner as a judge of the Suspreme anger former Indian President R. Court." Venkataraman had flatly refused against you, the to allow Seshan 's removal. Clause (2) of Article 114 states: ang~r "In appointing members of the Meanwhile, Seshan had cancelled Election Commission the Yang di­ is against something Pertuan Agong shall have regard wrongly done" or postponed elections or by-elec­ to the importance of securing an tions in areas where campaigning would obstruct drought relief Election Commission which en­ - T.N. Seshan joys public confidence." This ~ork or where communal tensions Clause surely enjoins upon the were high. He cancelled the by­ Election Commission to conduct In May 1993, for instance, election for the Ranipet Assem­ free and fair elections. For if Seshan almost sparked off one of bly constituency in Tamil Nadu, members ofthe Election Commis­ the most serious constitutional objecting to the development sion do not or cannot conduct free crisis in independent India when programmes the State Govern­ and fair elections, then how can he threatened to cancel some by­ ment had announced, on the ar­ the Commission possibly enjoy elections due for May 19 and gument that they would influence public confidence. postpone indefinitely the Rajya the out~ome of the poll. ~------

Aliran Monthly 1995: 1 5(2) Page 4 MOST AUTONOMOUS? He castigated Bhajan Lal, the Article 3 24 is a reservoir of power Chief Minister ofHaryana State, to act for the avowed purpose of Writing in the June 4, 1993 issue for violating the code of conduct ... pushing forward a free and fair of Frontline, a respected fort­ of the Election Commission by election with expedition." nightly news magazine from Ma­ inaugurating two public works dras, Praveen Swami argued that complexes, well after poll notifi­ IDENTITY CARDS the Election Commission of India cations were issued, in an attempt was "perhaps the most powerful to prop up his (Lal's) son's cam­ As the world's largest democracy and autonomous body in the ad­ paign. India has nearly 600 million vot­ ministrative apparatus" of the ers. But Seshan soon realised that many of them were not properly country. On October 30, 1992, Seshan or­ registered voters. So he insisted dered the West Bengal Govern­ that all voters be issued photo ment to carry out a complete re­ identity cards to prevent fraud. SESBAN'S enumeration of the electoral rolls COMMANDMENTS And he threatened that he would in 24 Assembly constituencies, in not hold elections after January response to charges that large Thou shalt not: 1, 1995 in those States that failed number of illegal immigrants to provide photo identity cards to Bribe or intimidate voters. from Bangladesh had been listed the voters by the November 30, Distribute liquor during the as voters. 1994 deadline. elections. In Bihar, elections in no less than Use official machinery for five constituencies were cancelled The Audit Exercise campaigning. and the results in three others were The expenditure observers are countermanded, because of mas­ Appeal to voters' caste or Seshan's sentinels. They are sive rigging and violence. The communal feelings. checking: Election Commission also post­ Use places of worship for poned elections in Punjab due for Suppliers/printers of posters: campaigns. June 22, 1991. do their orders tally with the Use loudspeakers without candidetas' bills? prior written permission. In these actions, Seshan was Numbers of electioneering backed by the law and the Indian vehicles: do they match those Saurct: INDIA TODAY- /5Doc' 94 Constitution. Section 58 of the shown by candidates? Representation of the People Act, At one time, Seshan decided to 1951 empowers the Election Payment receipts of petrol ban Home Ministry officials Commission, on a report by the pumps: Have the candidates consumed more petrol than from entering the Election Returning Officer, to cancel a shown? Commission's office unless they poll. Article 324 of the Indian signed the visitors' register. At Constitution clearly says that "the Use of loudspeakers: Are superintendance, direction and another time, he delayed polls in loudspeakers being used only control ... the conduct of all elec­ between 6 a.m. and 10 p.m.? the State of Tripura following tions" shall be vested in the Elec­ charges of intimidation and mal­ Video-recording of meetings: tion Commission. practice by some groups. He at­ do the expenses shown match the visual evidence? tacked alleged Congress (I)-spon­ A legal precedent supports sored terrorism against Left Front Seshan and the Election Commis­ Saurc•: INDIA TODAY - 15 Doc ' 94 candidates. sion. In December 1977, in the case ofMohinder Singh Gill con­ Last November, the Election I Seshan insisted that only the Elec­ cerning the cancellation of a poll Commission of India indicted tion Commission was empowered in an entire constituency, the Su­ Union Minister for Welfare to fix the dates for elections, not preme Court of India ruled that Sitaram Kesri, Minister for Food political parties. where the election law "is silent, Ka1panath Rai, and the ruling

A/iran Monthly 1995: 15(2) Page 5 Congress {I) party for violating and the political parties. As one muted to his office in the Secre­ the model code of conduct. political commentator says, "The tariat on a two-wheeler. So wary major impact of this set of mea­ was Desouza, who is also the sures has been to curb (at least Health Minister, that he declined· The Commission found Kesri on the face of it) election expen­ to approve a contract for the sup­ "guilty of not only indulging in diture ... " ply ofmedicines to the Goa Medi­ an activity calculated to aggravate cal College Hospital. And before differences between different He adds: "To the extent that the tenders could be awarded for un­ castes and communities, but also law-wielding machinery - in this dertaking works for the exposi­ of appealing to caste and commu­ case the Election Commission - tion of St. Francis Xavier, the nal feelings for securing votes." has been able to curb the reckless clearance of the Election Com­ In the case of Kalpanath Rai, the use of money that in the past was mission was obtained." Election Commission pursued the used to influence the voter to the matter following reports in The advantage of particular candi­ Perhaps former Indian Prime Times of India giving details of dates, th.e new measures have the doubling of sugar allocation without doubt made the electoral Minister, V.P. Singh, best sums up to the States of Andhra Pradesh, playing field more level." the important democratic achieve­ Kamataka and Tamil Nadu after ment when he says: " I think the poll announcement had al­ Seshan's heart is in the right ready been made. According to the same commen­ tator, "Indeed, today it has be­ place. He is after all only trying In a separate incident, the Elec­ come politically incorrect to to correct corrupt practices. In his tion Commission got 12 indepen­ criticise TN. Seshan, who is enthusiasm, he does issue some dent candidates in Andhra widely perceived as somehow be­ extreme orders, but this does not Pradesh arrested for improper ing the author of the model code rob his overall effort of its cor­ preparation of accounts and non­ of conduct during elections. All rectness." production of expenditure regis­ candidates and parties, even those ters. who have notorious records in respect of ignoring election guide­ The pertinent questions for Ma­ Seshan 's Election Commission lines, lose no opportunity to praise laysians is whether their own was largely respons1ble for the him from public platforms." Representation of the People Election Commission has its heart (Amendment) Bill, 1994, which, in the right place. Or, has it de­ among other things, discourages Among other things, the model cided that timidity is the safer non-serious candidates; reduces code of conduct bans the use of bureaucratic path? Let's keep our the campaigning period to 14 government vehicles by any can­ ears and eyes open. days; provides statutory status to didate; it also prohibits the offer election observers; and gives le­ of free transport to voters on poll­ gal sanction to the model code of ing day. conduct. The Bill also seeks to Conscience prevent the misuse of official ve­ hicles during the period of cam­ Consider this report from Goa: He that hath a blind conscience paigning, and to give maximum "Right from the day elections which sees nothing, a dead punishment to violators of the were announced, the Wilfred conscience which feels nothing, model code of conduct. Desouza Government adhered to and a dumb conscience which says the code for fear of incurring the nothing, is in as miserable MODEL CODE Election Commission's wrath. condition as a man can be on this The Chief Minister and his min­ side of hell. In the recent elections in some isterial colleagues surrendered Indian States, Seshan's code of their official cars, and cancelled conduct found wide acceptibility their engagements; one Minister, -Patrick Henry (1736-1799) amongst the voters, the candidates Vinay Kumar Usgaonkar, com-

A/iran Monthly 1995: 15(2) Page 6 VIEWS Election Campaign Period WHAT VOTERS SAY

For the 1986 and 1990 general elections, the Election Commission allowed for a 10-day campaign period. Dr Mahathir seems to be in favour of a 16- day campaign .period for the 1995 general election. Aliran spoke to some individuals on their views regarding the time permitted for campaigning. Here we present the views of people-we spoke to.

THE RULING PARTY IS ALREADY A FAIRER CAMPAIGN FOR ALL CAMPAIGNING The length of the campaign period is not so important. First of all, tlus business of keeping neople guessing the Our concern should be a fairer campaign for all politi­ date of election is very unfair. There should be some regu­ cal parties taking part in the election. The campaign lation or procedure by which notice can be given. The period can be three months and still be disadvanta­ law specifies that elections have to be held 60 days after geous to the opposition unless they enjoy the same ac­ the dissolution ofParliament, but the hide-and-seek game cess to the media as the ruling party. being played is unhealthy. It affects people, including Colin Nicholas, government servants. Coordinator of Center for Orang Asli Concerns.

Secondly, the ruling party is already campaigning be­ A FIXED TWO-WEEK PERIOD cause the media and the government machinery and fa­ .Candidates should be given a fixed two-week period. cilities are in their control and are being used to their That would be a good time span to carry out the nor­ utmost advantage. The TV especially is being used very mal campaign work. Nine days is too short. A lot of effectively by them. For instance, over primetime news things have to be done: you have to put up posters, one night, Mohamed Rahmat was quoted as saying that give your ceramahs, throw kenduris(!), go on a road­ the TV would not be used by any political party for cam­ show .. .. paigning, yet the rest of the news was devoted to glamourising the BN. Ranjit Singh Dhillon, Lawyer, Penang Even Indonesia which is under a military regime gives TV time to the opposition. We seem more backward than CAMPAIGN PERIOD SHOULD BE LONGER them in this aspect. And now they changed the regula­ It (the carrpaign period) should be a bit longer - 28 tion for political parties to go over the radio. Previously, days or a month. If it's too short, the opposition the party needed to have at least five candidates, now will be at a disadvantage as they don't have any air­ they've extended it to 20 candidates. That means Parti time over TV. Rakyat will not have the chance. Finally, despite deni­ K H Tan, als, the ruling party has been campaigning in their own Pensioner, Bukit Mertajam. way since April last year. The process has been immensely lop-sided :md unfair right from the start. TOO LITTLE TIME FOR PREPARATIONS Syed Husin Ali, After being in power for 4 or 5 years the govern­ former Universiti Malaya professor ment has had ample opportunity to broadcast its and chairman of Parti Rakyat Malaysia. policies. The opposition is at a great disadvantage

Aliran Monthly I 995: I 5(2) 7 to be able to campaign only for a short 2-week pe­ OPEN UP THE MASS MEDIA TO riod. Also because the government is in the know BOTH SIDES about when elections will be held, they have thus been The Election Commission in India, a country which able to campaign indirectly. They would have had takes its democracy seriously, only recently recom­ the time to formulate their politicies and prepare their mended that election campaigns should not be longer campaign materials while the Opposition has to.guess than 14 days. I personally feel that the longer the when to have their things ready. During the campaign period itself, the Opposition has too little time for campaign, the more money is spent by candidates. preparations. The 2-week campaign period is far too This can lead to unhealthy developments. Apart short. from boredom on the part of the public, a long cam­ paign period can lead people to think of Law Graduate, mischievious things, to add salt and pepper to what . is often an already emotional situation. It's better THE POLICE HAVE EVERY THING to open up the mass media to both sides so that the UNDER CONTROL opposition does not feel so desperate to get its mes­ We need a longer campaign period because the can­ sage across. didates are announced only at the final hour by the Fan Yew Teng, party. Then it is a mad rush to prepare posters, leaf­ lets, banners and other materials. By then, we are Director, CENPEACE well into the campaign. Some candidates get their materials only a few days before polling. In the case TWO WEEKS INSUFFICIENT of the opposition, there's even more reason to have a The existing campaign period is insufficient time longer campaign period because of the handicap we to prepare. Posters have to be printed and distrib­ face over access to the media. uted. Campaign plans have to be prepared and ex­ ecuted. Two weeks is. not sufficient for all this. The The argument that a long campaign may create ten­ ruling party has been in power for years and have sion is nonsense. It's the same excuse the govern­ had loads of time to convince voters and put for­ ment uses for not allowing rallies. The reason why ward their ideas and promises. How can the oppo­ rallies were banned in the seventies was because the sition put forward their ideas and proposals in just CPM (Communist Party of Malaya) was planning two short weeks. Two weeks is insufficient time to its anniversary. The CPM has been disbanded since. make an impact on the people. I would say that three to four weeks is about right. We should take the word of the police seriously. .. Senior Bank Officer, they always say that they have everything under con­ Kuala Lumpur. trol. The other issue is the date of election. The Elec­ tion Commission should exert its powers. The date IT IS UNFAIR should not hinge on the opinion of one man. It is unfair for one party to have an advantage over Dr Kua Kia Soong, other parties which is what would happen in effect MP for Petaling Jaya. under a two-week campaign period. The people have the right to listen to all parties adequately. Also there IS TWO WEEKS SUFFICIENT TO DECIDE is the matter of getting to know the particul~r can­ THE FATE OF THE COUNTRY? didate as the views ef the candidates may not be Every party should be given a fair opportunity dur­ quite the same as the party's and the people have to ing elections. Is two weeks campaigning fair? A decide if this candidate will be effective. The people strong opposition is necessary to provide a proper have the right to get to know the individual nomi­ check and balance in the government. Elections are nees for their particular constituency. Is two weeks held every four or five years. Is two weeks sufficient sufficient? I don't think so. to decide the fate of the country for the next 5 years?

Lawyer, Lawyer, Kuala Lumpur. Kuala Lumpur.

A/iran Monthly 1995: 15(2) 8 A CONFIDENT GOVERNMENT SHOULD could be fair - if everyone knew which two weeks NOT BE AFRAID elections will be held. Then everyone can be equally During elections, voters must be given adequate op­ prepared. What is manifestly unfair is keeping the portunity to listen and understand the politices of all opposition guessing while the party in power makes candidates in his constituency. That is the essence of all the necessary preparations and then suddenly democracy: a fair contest between different parties pops up the date. The opposition then has to quickly get its act together and convey its ideas to the people for political power. The candidates must have ad­ within the short period allowed. A government that equate opportunity to make the necessary prepara­ is confident that it truly has the support ofthe people tions so that their message can get across to the thou­ would not be afraid ofgiving the opposition a chance sands of voters in the constituency. If candidates of of putting its ideas across. The fact that this gov­ all parties are not given equal access to the media, if ernment has steadily seen its share of total votes they are not given sufficient time to prepare and let cast come down since 1982 while at the same time the voters be informed of what they stand for, then also making the campaigning period shorter, speaks you might have the motions of an elections, but you volumes. don't have the essence of elections. What is the point of going through the motions if the process is not Investment Analyst, fair? Conceivably, having two weeks campaigning Kuala Lumpur.

Politicians Fools

Politicians are the same all over. Don't ever forget They promise to build a bridge that you are part of the people even when there is no river. who can befooled some ofthe time

- Nikita Khrushchev(1894-1971) -Anonymous

Political Parties Judgement

Some men change their party To have a right for the sake of their principles; to do a thing others their principles is not at all the same for the sake of their party as to be right in doing it

- Winston Churchill - G.K. Chesterton

A/iran Monthly 1995: 15(2) 9 AN OPEN LEn'ER TO THE CHAIRMAN OF THE ELECTION COMMISSION

5 April 1995

Datuk Harun Din The Chairman Election Commission Kuala Lumpur

Dear Datuk

YOU CAN ENSURE FREE AND FAIR ELECTIONS

Now that the Prime lVIinister has announced that Parliament will be dissolved tomorrow, you will soon have to make some momentous decisions on the conduct of the ninth Malaysian general election.

Malaysians in general have not been happy with the relatively short campaign periods in the past which have led to undemocratic elections. We seem to have gone through the procedural mo­ tions of the election process; this by itself does not guarantee that the basic principles of free and fair elections are honoured.

We respectfully urge you to uphold and assert your constitutional authority and independence .to ensure that the coming general election will prove to be meaningful and turn out to be the fairest on record. We were extremely pleased recently when the Election Commission boldly recom­ mended that the Government should lift the ban on public rallies and allow equal access to the mass media for all political parties.

Unfortunately, the Government has not responded positively to your commendable proposals. The authorities have decided that they will not grant television air-time to political parties. Mainstream newspapers will provide maximum coverage to the views and activities of the rul­ ing coalition parties only.

You will agree that this situation is unfair and unacceptable. But what can the Election Comrnis- 3ion do? Your counterpart in India under the chairmanship ofT. N. Seshan has shown what an assertive and independent Commission can do to ensure a free and fair election campaign.

We agree that you have to act within the law. We would like to point out that you are answerable only to the King and ultimately to all Malaysians who expect free and fair election.

A/iran Monthly 1995: 15(2) 10 Under the law you must hold elections within 60 days from the dissolution of Parliament and YOU CAN ALLOW FOR A MAXIMUM CAMPAIGN PERIOD OF 28 DAYS from nomina­ tion day. Taking into consideration that non-Barisan parties are always at a disadvantage be­ cause of inadequate notice regarding the dissolution of Parliament, fairplay also demands that you fix nomination day at least two weeks after the dissolution of Parliament. This will allow non-ruling parties sufficient time to select their candidates, and prepare and print campaign material. These measures will level the playing field a little and go a long way in ensuring an equal contest in the electoral process.

You also have the authority to issue a strict ruling that the coalition in power behaves like a caretaker government should--rather that a substantive government--during the interim period. Such a caretaker government should not and cannot promise or approve development funds or projects in any form; neither can it abuse government facilities--including television and radio, Information Ministry helicopters and vans, and government servants and agencies--to cam­ paign, directly or indirectly, for the ruling coalition.

We would like to request that Election Commission officials be present to verify and ensure that postal voters can make their choice in the best democratic tradition, i.e. freely and fairly.

Finally, your Commission should stringently audit the campaign expenditure of all candidates to ensure that they do not exceed the legal limits. Your Commission should not hesitate to dis­ qualify those who have exceeded these limits, whether from their own funds or their sponsors'.

If you can ensure that the elections will be genuinely free and fair, Malaysians will remember you for your courage and for upholding the independence and integrity of the Election Commis­ Sion.

In line with the Rukunegara, all Malaysians realise that your ultimate loyalty lies with God, King and Country, and the Malaysian Constitution.

Be assured of the support and prayers of all thinking, caring and feeling Malaysians.

With warm regards

Yours faithfully

The Executive Committee Ali ran

A/iran Monthly 1995: 15(2) II ELECTIONS Condition (2) above must necessarily make it im­ perative that the electoral rolls for an election must be properly and scrupulously prepared. Eligible vot­ WILL HISTORY ers who have registered should not discover on poll­ ing day that their names are not on the list of elec­ REPEAT ITSELF? tors for the constituencies they had registered nor should they be fed with false information as to where EXTRACTS FROM they should vote and be thereby made to shuttle from one place to another to look for the polling station at which they are entitled to vote.

As regards condition (3) above, it is a pre-requisite to the making of a free choice that voters be not made to feel threatened for supporting a particular candidate or party. Equally, threats of denial of development assistance if voters were to make a choice one way instead of another and resort to acts of intimidation, undue influence, treating and brib­ ery are inconsistent with the objective of condition (3). The law regards these and similar acts of cor­ rupt practice as election offences and makes them punishable. It is to combat these undemocratic prac­ tices that the law makes the ballot secret.

Distinct and yet related to the question of a free election is the equally important requirement of a fair election. For an election to be fair, there must exist the following conditions:-

• I . that all political parties should have equitable ON FREE AND FAIR ELECTIONS access to public facilities;

It is generally acknowledged that an election cannot • 2. that all candidates and parties should have eq­ be said to be free and fair unless it has satisfied cer­ uitable access to the media; tain recognised standards.

Conditions which ensure a free election require:- • 3. that no voter should be able to vote more than once; • 1. that there should be no undue restrictio im posed on parties and individuals eligible to do • 4. that only the banot papers of eligible voters so to participate in an election; should be allowed to be inserted in the ballot boxes; • 2. that only eligible voters should be permitted to vote and that those who are eligible be not hin­ • 5. that ballot papers should be properly counted dered from voting; and and tallied; • 3. that voters should be free to exercise their right to vote for the purpose of electing the candidates • 6. that all candidates should respect campaign of their choice. spending limits;

Aliran Monthly 1995: 15(2) 12 • 7. that election laws should be enforced without formed of members of a certain political alliance, any discrimination there must be a distinction drawn between the gov­ ernment and the incumbent political alliance in During the election period, the government becomes power. The distinction implies that the facilities a caretaker government having the function to ad­ available to a person to carry out his responsibili­ minister the day to day affairs of running the country ties as amember of the Executive branch of gov­ until a new government is sworn in. The incumbent ernment should not also be used or taken advan­ party should not use government facilities, funds or tage of for the purpose of the political organization other resources for its campaigning purposes.Public he belongs to. halls, police protection and government-owned chan­ nels of mass communication should be equitably The conduct of leaders of the government during available to all parties. Equitable access implies that the period before the General Elections were an­ the opportunity to be given to each of the various nounced suggests that they were not fully alert to parties to use the facilities should be commensurate this distinction and its implications. Nation-wide with either the membership of the party or the per­ tours were undertaken by the Prime Minister in the centage of votes that party had obtained in the previ­ company of leaders ofthe various component par­ ous general elections. ties within the (the political alli­ ance that forms the government) and of the leaders Access to all media by all parties is essential to a fair of the Barisan Nasional of the States visited. Three election. Each party should have the opportunity to such tours were undertaken in the month prior to inform the electorate of its platform. Newspapers the elections, using government jets, facilities and should not discriminate against any party in carry­ funds. At the rallies organized on these tours the ing advertisements. Because of their tremendous and Barisan Nasional fl~gs and banners were promi­ direct influence on the electorate, the electronic me­ nently displayed. The Prime Minister and the other dia should be especially careful to report objectively leaders who accompanied him wore Barisan on the campaign of all parties. Broadcasting time Nasional caps and used these rallies to criticize the should be equitably allocated to the main parties so opposition. that the electorate may be made aware of the choices open to them. During this pre-election campaigning and through­ out the period allowed by law for campaigning prior Also inherent in the concept of a fair election is the condition that all candidates in an election must con­ to the elections, leaders of the Barisan Nasional fine their election expenditure to a certain fixed limit. made speeches which blurred the distinction between Were there no limit imposed, the candidate with the the Barisan Nasional as a political organization and greater financial capability would have an undue ad­ the government. The public was exhorted to vote vantage over the others. It is to ensure fairness in for the government in the elections. elections that the law has fixed a limit to the election expenses which a candidate can incur. Any person who exercises his constitutional right to vote at the general elections is lawfully exercis­ It goes without saying that all these provisions of ing his sright to deten;nine who should form the next law designed to promote a fair election in a democ­ government. The message from the Barisan racy would serve no useful purpose if they are not Nasional leaders, however, was meant to identify strictly enforced, or ony enforced in a discriminatory the Barisan with the government and to impress manner. upon the electorate that not to vote for the Barisan was to undermine the government, that to return USE OF STATE MACHINERY the Barisan to power was to choose stability and, by implication, to vote otherwise was to opt for Although the Executive branch of the government is instability.

A/iran Monthly 1995: 15(2) 13 To blur in the public mind the distinction between the effect of that publication's coverage and com­ the political organization in power and the govern­ mentaries. The result is that the national dailies ment is a disservice to democracy and makes it ap­ engage in a constant battle of outdoing each other pear as if voting out the parties in power was a radi­ in being advertising agents and propaganda sh~ets cal step. This is not so in a healthy democratic pol­ for the controlling party in power. ity. This battle for government favour is also contested THE ROLE PLAYED BY THE MASS MEDIA by the electronic media. RTM is government-owned DURING THE PRE-ELECTION PERIOD and TV3 is a private television channel but owned by the Fleet Group which is controlled by UMNO. At the outset, a distinction should be made between These media, together with the dailies, carry ver­ the significance of the main-stream media and the batim what government leaders say whenever they peripheral publications. The effect of the peripheral appear in public but give the views of the opposi­ publications is limited most severely through their tion scant attention, if any. The consequence is lop­ small circulation. Of the smaller circulation publica­ sided reporting. Government leaders are idolized tions, Watan, it is learnt, has the widest readership by the media and, if the opposition is focussed at of about 60,000. This contrasts wilth a readership of all, it is to demonstrate their weaknesses. 1.04 million for Utusan Malaysia, 1.9 million for Mingguan Malaysia (the Sunday edition ofthe news­ An example of the style of reporting of the main paper), and comparable circulations for other main newspapers is the way they would give headline newspapers. The combined effect of the smaller, in­ coverage to defections of members of opposition dependent publications is also limited by the fact that parties t~ the Barisan Nasional. Moves of politi­ many of them share a common readership. Also, none cians the other way would either not be reported or of these publications are dailies and thus are not able mentioned only in brief. to respond sufficiently quickly against distortions that appear in the main media. During the recent elec­ CAMPAIGN FUNDS tions, this was a crippling handicap to the opposition I (whose views some of these publications carried) Allegations abound of money being used to buy because they did not have the time to respond to criti­ votes. The difficulty in verifying reports of vote­ cisms and innuendoes carried by the national dailies buying stems from the fact that those who have in the three days before polling (see : AM accepted bribes in return for their votes are them­ 1995:15(J)p7 ; B. Exploiting Communal Feelings and selves parties to the commission of an offence and Religious Sensitivities). are not likely to want to admit their own involve­ ment and to give up the payments they had received; Because of the limited reach of the smaller publica­ to voters in the rural areas a sum of fifty ringgit, tions, the remarks in this report on the media will for example, is a sizeable one which they would relate generally to the main-stream media, i.e. the prefer to keep. national dailies, television and radio. It is difficult to ignore the many allegations received All publications in the country have to reapply annu­ from different sources of money having been handed ally for a publishing licence. At the back of every out by different candidates In return for promises chief editor's mind is the experience of the Star and of votes. Some voters from Longhouses in two other newspapers that had their licences revoked were reported to have received RM 100 each before in October 1987. The livelihood of thousands of staff voting, with a promise of payment of another members are at stake. The wider the distribution of a RM 100 each if the candidate they had been asked publication the greater will be the worry for the edi­ to vote for won. An Election Watch volunteer saw tor, since the authorities will be more concerned about a branch chairman of a political party in Tanah

A bran Monthly 1995: 15(2) 14 Rata, , giving RM5 to an Indian widow to they need to be scrutinised by an order of Court return for a promise for her vote. One report worth and that it is an offence to open any ballot box with­ mentioning for its own sake involved supporters of a out such an order. Being unaware of this, many political party being given RM50 each by the work­ civil servants are under the belief that they have to ers of the opposing party and returning to those work­ vote for the incumbent party if they are not to ers RM4, saying that they were happy to accept only jeopardise their careers. the balance. Although it is provided by law that the limit of the election expenses of a candidate contest­ An example of the way in which this belief was ing a parliamentary seat is fifty thousand ringgit and exploited is afforded by students ofthe Sultan Abdul that of a candidate contesting a State constituency is Halim Teachers Training College in Sungai Patani, thirty thousand ringgit, it is difficult to believe that Kedah. They were told that it would be discovered these limits were being seriously observed. At least if they did not vote for the Barisan Nasional and one report is known to have been made complaining that they would be posted to remote areas The can­ of the limit having been exceeded. didate for whom their support was demanded, as it happened, was a lecturer from the College who had Even without any report being made, it seemed evi­ resigned two days before the nomination day. For dent from the way the campaign of certain candi­ the recent General Elections, a new system of count­ dates was conducted that the limits fixed for election ing was introduced. By this system, the counting of expenses were being ex;;eeded. votes was carried out at polling stations, at each of which not more than 700 electors were to cast their The Election Commission does not regard as being votes. The result of the count would be announced part of the candidate's election expenses the cost of at the polling station and would be subsequently generic posters (usually of party leaders) which are conveyed to the tallying centre appointed for each printed and distributed by the party headquarters. constituency. Thi.s· new system has given rise to Neither does it regard the cost of distributing the concern about the lack of secrecy. The counting of party's manifestoes in the candidate's constituency votes in this manner would enable the winning party as part of the candidate's election expenses under the to easily identify which areas had voted for or law. This puts candidates who do not belong to po­ against it and to discriminate against areas that did litical parties with available finance and the indepen­ not vote for it. A report has been received of. the dent candidates at a great disadvantage. It appears workers of the incumbent parties in Bukit Mas, anomalous that the limits imposed by law on a Sarawak, telling electors during the campaign pe­ candidate's election expenses can be so easily cir­ riod that they should vote for the incumbent party cumvented by his national party's supplementing his or their area would be discriminated against when expenses by the provision of these other facilities . decisions on development projects were made. In their post-election analysis, a number ofleaders an­ SECRECY IN POLLING nounced the ratios of support they had received from various communities. These figures appear to have There appears to be widespread concern that the way been arrived at from examination of the results of, a person voted can, in principle, be checked. This is and the ethnic composition of voters in, the polling because a person's registration number on the elec­ areas. toral rolls is written on the counterfoil of the ballot paper when the ballot paper is issued to him. Strictly The new system of counting votes was introduced speaking, the way a person voted can be checked from with the aim of shortening counting time so as to his ballot paper by reference to his registration num­ enable the overall results of the elections to be as­ ber as noted on the counterfoil. What is not com­ certained sooner and to prevent ballot boxes from monly known is that all ballot papers are sealed in being tampered with whilst in transit. The recent their ballot boxes after completion of counting in case General Elections have shown that the overall re-

A/iran Monthly 1995: 15(2) 15 suits were not known that much sooner than before votes of these personnel were cast for the constitu­ and that the advantage sought by the new system of encies where their camps or depots were located. counting was not realised. The bulk of the results This change defeats the very purpose of postal bal­ were only available after midnight on the second poll­ loting as envisaged by the law and makes it pos­ ing day, just as in previous elections. sible for large numbers of voters registered for one constituency to vote in another. POSTAL VOTES Because those who vote under the postal system do The law provides that certain persons may cast their so without any external supervision, the system is votes by postal ballot. Apart from Malaysians resid­ also open to abuse in another way. Members of the ing abroad, this system of voting is employed by the police force in Kuala , for instance, are police and the armed forces. Members of the police said to have been instructed to mark their choice of and armed forces do not vote at ordinarily designated candidate and thereafter return the postal ballot pa­ polling stations. Their votes are posted to the con­ pers, which included the segment where they marked stituencies where they are registered as electors. Those their choice, to their superior officers. This would casting their votes through the postal system do so put subordinate officers under pressure to vote ac­ without any supervision from officials of the Elec­ cording to the wishes of their commanding offic­ tion Commission. It is reported that there were ers. 196,371 postal voters on the electoral list for there­ cent General Elections. In Kuala Lumpur, there has been lodged a police report complaining that postal ballot papers had Under the law, postal ballot papers are to be des­ been issued with the voters' respective registration patched to postal voters in accordance with previ­ numbers (as found on the electoral rolls) noted on ously arranged directions of the Election Commis­ them. This takes away any guarantee of anonymity sion. It is not known what these directions are. Elec­ and is bound to intimidate voters into voting in a tion Watch has been made to understand that the prac­ certain way. tice has been for postal ballot papers issued in re­ spect of members of the armed forces stationed at a Particularly disturbing are reports that postal vot­ camp or depot, to be collected by the commanding ers had been arranged for certain constituencies in officer of the camp or depot. If this is the practice order to assist the incumbents. then it is an undesirable one. It can easily lead to abuse in that the commanding officer may not, in Election Watch has written to the Election Com­ fact, distribute the papers to the postal voters for mission seeking information on how the postal votes whom they are intended but may himself mark them had been administered but has yet to receive a re­ and thereby deprive the postal voters concerned of ply. their right to a free choice. In the light of the many complaints of dissatisfac­ In the past, armed forces personnel would have their tion concerning postal balloting, there is a real need marked postal ballot papers sent back to the for the law and practice governing it to be re-exam­ constitutuencies in which they were registered as ined. The possibility of postal balloting being ma­ voters. Election Watch has learnt that for the 1990 nipulated to defeat a fair and free election must be General Elections this was not followed; instead the removed.

Calling all voters: If you encounter any problems during the election campaign or on polling day, e.g. campaign abuses and missing names from electoral rolls, please write to inform us as soon as possible.

A/iran Monthly 1995: 15(2) 16 ~------JUSTICE POLITICAL SOLUTION NEEDED FOR PLANTATION WORKERS

The Plight of the Plantation to accomplish their corporate For too long, plantation work­ Wokers - the Causes? goals with aid from the govern­ ers have been a deprived, ment in controlling the price of alienated group, despite The most obvious causes are iden­ labour. It is no surprise that the the country's continuing tified below: plantation workers union is im­ prospertiy. K. ARUMUGAM potent in representing the work­ looks at the cause oftheir mis­ • Continuation of cheap labour ers. ery and suggests some pos­ policies and declining real wages sible solutions. Until now, the wage structure of The plight of the plantation work­ the workers has hardly changed. It is time Malaysia looks at a ne­ ers and the indifferent attitude of They receive daily-rated wages glected section of its population. the government is the result of which are linked to factors that The hands that cleared the treating the plantation industry in are beyond their control. For ex­ jungles, planted the crops, tapped business terms. The plantation ample, the harvestors' wages are the trees and harvested the fruits agencies are driven by the profit linked to the yield of the palm oil are clamped to declining real motive. The shift of ownership of fields and the crude palm oil price wages and poverty. Evidence of plantations from foreigners to lo­ in the market. An effective way the state of the plantation work­ cals had no effect on this overrid­ to reduce the risk of investors on ers can be found in government ing business objective. Therefore, variables is to append the cost of and private statistics. the cheap labour policies of the labour to such variables. British and the conditional labour The neglect is by design or default force of the estates were kept in­ • The import of foreign labour of the government. Presumably, tact. which has reduced the bargain­ it wishes to sustain this scenario ing power of local labour for and calls it the competitive advan­ Since the seventies, evidence higher wages tage of Malaysia - an advantage shows that the real wages of the that has given rise to rapid devel­ plantation workers have declined. Our so-called economic system is opment over the years and has This is alarming and has resulted said to be an open market system. made us feel proud of our coun­ in further deterioration in the lives Proponents ofthis often argue.that try. This has been without a pnce. of the workers. the wages of workers are solely The victims, a quarter of a mil­ determined by the demand and lion of Malaysia's working popu­ • The government's indirect in­ supply functions, and that the lation, have been made to feel terest in the business objectives plantation workers wages are deprived, alienated and ostracised of the plantation companies governed by such factors . Ifthis from the explosive growth that we is true, according to numerical enjoy today. In a country with The government-sponsored insti­ studies conducted by A W Phillip, bountiful resources and enviable tutions such as PNB, PERNAS, a British Professor in economics, economic growth, with relatively Tabung Haji and state govern­ the wages of plantation workers low population, it would be a be­ ment SEDCs have gained owner­ should have more than doubled in trayal if we choose to ignore this ship ofthe plantations. These in­ the last 10 years as we reached reality in the name of progress. stitutions are far better organised full employment. (This relation-

A/iran Monthly 1995: 15(2) 17 ship, between price oflabour and • The lack of a development other development. This coupled rate of unemployment is postu­ agenda for the plantation work­ with the introduction of modem lated by Phillip's empirical stud­ ers tapping and harvesting methods ies over a period of 100 years. In will lead to a f1l in the demand economics, this outcome is known The NEP era failed to see the for labour. With the existing abun­ as the Phillip's Curve.) Our implementation of any develop­ dance of foreign labour, locals are policymakers must have had the ment programmes for the planta­ expected to be displaced or forced businessmen closer to their hearts tion sector, though it identified to work under unfavourable con­ than the plantation workers. The them as target groups. It is com­ ditions. import of foreign labour was mon knowledge that the UMNO made as a policy to prove the Brit­ Barn -dominated government had Secondly, Malaysia's current in­ ish Professor wrong! the prime task of resolving pov­ dustrialization process is also ex­ erty issues on ethnic lines. Plan­ pected to cause problems. The , • The vicious cycle of the socio­ tation workers, being traditionally recent boom and speculation has I cultural behaviour dominated by ethnic Indian, drew led to an increase in the value of very little attention except just land. This phenomenon has made Some argue that plantation work­ before general elections. But this investors seek returns based on ers should get out of the estates has become a myth today. Indian such inflated values. These expec­ and plunge themselves into main­ • Malaysians form less than 40 per tations in tum would force the stream development. Though this cent of the working population in industry to maintain or maximise may sound appealing and simple, the plantations. Often the non-re­ profits. This can only be possible the prolonged conditioning pro­ siding Malay workforce from the by suppressing the wages, the cess the labour force has under­ kampungs are discounted in as­ only elastic component that can gone has left them debt ridden, sessing the ethnic distribution in be squeezed without compromis­ homeless and without formal edu­ the estates. ing productivity. cation. Although the younger ones are no longer interested in work­ Solutions Others argue, however, that the ing on the plantations, many of the situation in the plantation them are left with very little The position of the plantation industry's operations is not ex­ choice. Migration to an urban workers in seeking justice and pected to drastically differ in the environment cannot be promoted fairness should be addressed as a next twenty years. The develop­ as an alternative without first as­ political issue. The role of the ment of agricultural land for in­ sessing the required accommoda­ unions and the expected sympa­ dustrial and infrastructural needs tion facilities and employment thy from the business sector can may have stabilised. Rising opportunities. be dismissed by looking at their commoidity prices and the in­ past actions. It is unwise to leave creasing demand for Malaysian For almost three generations, this century-old issue in the hands palm oil and rubber are expected plantation workers have been of these uninterested parties. to keep the main players of the trapped in a vicious circle of pov­ industry in the business. erty. They are caught in a cultural web interwoven with traits of al­ Two additional factors are ex­ coholism, debt, low self-esteem pected to worsen the plight of The above uncertainities add fur­ and lack of education. Due to this, plantation workers in the coming ther insecurity to the workers. it would be a distant dream to years: Generations of workers who expect the plantation workers to helped shape the early economy become culturally reorientated Firstly, the plantation industry is of Malaysia, are deprived of the without first addressing the op­ expected to scale down its opera­ benefits of development in the pressive structural environment. tions due to industrialization and name of development.

continued on page 23

Aliran Monthly 1995: 15(2) 18 GOODBYE GDAFAR~ HELLO GDAFAR

a .k.a. THE RETURN OF

F M R A 0 R M C H F A 3 R 0

A 9

Ts ' E R N

E c 0 N 0 M I c

R E v I E w

Moving right back to centrestage, however, is Ghafar enter UMNO Baru. But that looks unlikely. The Baba, the former deputy prime minister who is mak­ PM does not forgive or forget quite so easily. ing an unexpected comeback. His own party mem­ bers had booted him out rather unceremoniously at Anyway, the same people who had urged Ghafar to the last UMNO Baru party election. Now they obvi­ pack up and leave are now singing a different tune; ously realise that the veteran politician's services why, they are actually ushering him back to their will prove invaluable if at all the Barisan is to make fold enthusiastically. any headway in Kelantan and Terengganu. For Ghafar, the call-up is a far cry from his barren Certain quarters have even gone so far as to suggest days in the political wilderness (and the golf course). that Ghafar's main task would be to strike a deal It all began one gloomy day when he was seen with Semangat 46 in Kelantan - which may pave the clutching a pathetic plastic bag at Subang airport way for SemaDgat president Tengku Razaleigh to soon after his somewhat unceremonious departure ...

A/iran Monthly 1995: 15(2) 19 In any case, it is obvious that the Bank of England's Hooray for Visit Malaysia 1995! Haven't you no­ deputy chiefhad other thing on his mind -like, for ticed? Visitors are scrambling into the country from instance, an extra-marital affair. That could partly all entry points. explain the lack of BoE vigilance - Mr No.2 was in charge while No. I was away on a holiday whe11 But wait a minute. Are these really your normal regu­ all hell broke loose in the financial markets. lar tourists? Something strange is going on, or rather some strange people are visitng us: a fourteen-year­ Anyway, Nick and his wife, Lisa Simms, easily old kid trying to pass off as a 59-year-old, a fugitive slipped in and out of Malaysia, passing through trader on the run and a male teenager dressed up as a immigration checks with apparent ease. While in female. Oh dear, perhaps our tourism promotion drive Malaysia, the couple decided to have some fun. Why has been a little too successful. not check out , they must have thought, the land where money is said to fall out from helicop­ First came Peter Kerry, that 14-year-old British 1ad ters? with the physique of a 59-year old (at least in the eyes of immigration officers; after all, he had sailed But Nick's brief sojourn finally came to an abrupt through British and Malaysian immigration checks end. An airline ticketing staff and a journalist using his Dad's passport) and the maturity of a tracked down the world's most wanted futures four-year-old (apparently, he took off for Malaysia trader and tipped off the authorities. The 'whizz after a row with Dad over some spilt spaghetti; so kid' was brought firmly down to earth in Frank­ enticed was he by the Tourism Board's promotional furt and whisked away by police as he got off the campaign). plane.

Talk about an extended Iepak session; this feat must Now, the wunder-kid is playing a futures game of surely gain him an automatic entry into the Lepak a different kind in Germany - as he wonders and Hall of Fame and a life-time's supply of free spa­ speculates on his own future. Looks like he is liter­ ghetti. ally protecting his back as he now hedges his bets on London rather than Singapore. But London obyi­ LEARNING A LEESON ously doesn't want anything to do with the kid. So most likely he' ll have to find out what's in store for Before immigration authorities could wipe the spa­ him in Singapore. Not a pleasant prospect. ghetti and egg off their face, another Briton, Nick Leeson dropped by from Singapore to check out Fas­ What is the moral of this story as far as chasing cinating Malaysia. Nickol' chap decided to take off after fast bucks in the corporate/financial world is on 'holiday' pronto after cleaning out Barings Bank concerned? Easy come, easy go. The same applies (man, did he clean it out!). So thorough and compre­ to runaway futures traders and 14 year-old kids hensive was the dean-out that the underaged general passing through immigration control. manager ofBanngs Securities gave the term money­ laundering a new meaning. We can all learn a keson (oops, I mean, lesson - sorry!) from all this: don't be greedy and obsessed Barings Bank directors and Singapore financial regu­ with money or you could end up getting nick-ed by latory authorities were left looking pretty red-faced the authorities. as they gazed sullenly at the bright red figures which the 28-year-old had left behind - though some say NOT AGAIN! that Leeson was only the fall guy for some top guns in London. Either way, even Freddie of Elm Street Talking about people moving in and out easily, the would have bad trouble coming up with a worse people at Subang airport have done it again! An Subang minus a ticket and a boarding pass. Hall'less Transport Minister must have groaned in pain, "Why me?" Well, he's not alone: millions of KNOCK, KNOCK, CAN I COME IN.? Malaysians also groaned in unison, ''Not again!" (a.k.a. THE RETURN OF PANDITHAN) Ling has certainly experienced an eventful and colourful tenure as Transport Minister. Perhaps now Someone else finding it a little more difficult to re­ might be an appropriate time to look back with 'nos­ turn ' home' to the Barisan fold is IPF leader talgia' at some ofthe 'highlights' of his rule: Pandithan - who will always be associated with wooden coffins and that memorable day when he * Fire at Subang airport destroys duty-free shops. hugged . Ling starts feeling dizzy.

* Fire at Subang's control tower knocks out radar Pandithan staged a strong show of support recently systems. Passengers experience horrendous delays in a desperate bid to seek entry into the happy as pilots lose their bearings. Ling begins to lose Barisan family; 12,000 party supporters thronged his bearings too. a stadium in KL piercing the air with cries of''Hidup Mahathir!" and othe'r soothing refrains which must * Fire at Subang airport toilet causes panic. (Some have sounded like music to other Barisan leaders, speculate it could have been caqsed by a tourist notably Tok Mat who graced the occasion. having problems with a fiery hot Cl,lrry). Ling starts to panic. In the event, Tok Mat must have returned home suitably impressed and convinced that IPF 's *Gold heist at Subang makes headlines. Ling has no grassroots support could not be ignored. One time to fry koay-teow now. Barisan leader who won't be too thrilled is MIC * Subang emerges as Malaysia's favourite Iepak cen­ president Samy who obviously wants to remain the tre as all kinds of characters breach the airport's undisputed, undefeated heavyweight(!) champion of security areas to watch the world go by. the (Indian Malaysian) wooooorld ...

* Containers pile up in the sun at ports in the coun­ Mahathir's announcement that candidates from try. Ling gets all hot and bothered. outside Barisan component parties could stand un­ *Delay in electric train project shocks the PM. Ling der the Barisan ticket may mean that Pandithan and receives a severe jolt. Co will _contest the general election under the coali­ tion banner- much to Samy's chagrin. *Taxi drivers go on strike to protest against exploit­ ative terms set by taxi companies. Ling tells them Perhaps Lee Lam Thye too may contest under a to pipe down or else ... Barisan ticket? Who knows ... * Diesel lorries, buses and taxis contribute to the worsening haze situation in the country. Ling's head is in the clouds. FISHY BUSINESS

*Fire at the Penang JPJ office destroys records. Ling If you think Rahim's comeback is unbelievable, can can't see the fire for the smoke. you imagine how a Chinese Malaysian lawyer, a * Butterworth passsenger ferry termina• collapses long time resident of Bangsar Baru, felt when he claiming several lives. received Hari Raya cards addressed to three strang­ ers recently? Have we missed out anything? This list looks too short! Readers are welcome to contribute. No prizes The identical fold-up cards were sent by Lembah for guessins if LiDs will be moved out ofthe Trans- Pantai MP and UMNO Baru

Alir an Monthly 1995: 15(2) 21 Mahathir (it never hurts to rub shoulders with the well, thank you. big boys). The Bangsar lawyer said this was the first time he had received mail with the names ofthe three And thank you, Rafidah, for making everything ever men, all Malays, bearing similar addresses -his own. so clelfr. Kamal's assistant explained that the names were ob­ tained from the Election Commission's roll. FOULPLAY Footballers in Malaysia are also going places - Hmmm, this sounds mighty fishy! Could these three kicked out of their teams, taken to the police sta­ men be parachute voters or phantom voters from other tion, put into 'cold storage' i.e. internal exile .. . areas? This is not the first time something like this has occurred. Clearly incidents like this fuel suspi­ What is worrying is that the police have taken on cion that the state of the electoral rolls leaves much the job of detaining the players, interrogating them, to be desired. weighing the evidence (or lack of it), delivering the judgement, pronouncing the sentence, and execut­ TEE-VEE OR NOT TO BE? ing it (the sentence, not the players! -i.e. banishing the players to other states). If you think that's bad, what about this? Information Minister Tok Mat had told us in good faith that po­ While we cannot condone corruption and match­ litical parties would not be allocated any air-time on rigging, justice demands that the players be given television. Well, now Tok Mat tells us without bat­ the chance to defend themselves in open court with ting an eyelid that government-owned RTM will be access to a legal counsel. Why is it that this par­ telecasting 'live' Mahathir's opening address at a ticular offence of bribery and match-rigging falls political party function - the Barisan Nasional con­ outside the scope of our judiciaVlegal system? vention on 25 March. And why is it that only our footballers are banished So, Tok Mat, is this your idea of fairplay? Don't you for corruption? Are they the only corrupt ones in see that you are allowing a political party - your the country? party- to abuse government facilities? So much for a free and fair election. What does the chairman of SICK JOKE the Election Commission have to say about this? Will he just shrug his shoulders and say, "Don't look at Still on the topic of going places, it's that time of me. I'm only the Election Commission chairman; the year when 'opposition party supporters' cross what can I do?" over to the ruling coalition - which signals the un­ official start of the general election campaign. BIZ NEWS I mean, this is fast becoming a sick joke -a farce . Clearly, not everyone is interested in politics. Some Thinking Malaysians can easily see through these are content to plunge into the business world. So, orchestrated 'cross-overs.' Why, they ask them­ congratulations to former Chief Justice Hamid Omar selves, do these supporters need to wait until the upon his appointment as FACB chairman. With his eve ofthe general election to cross over en masse. wealth of experience, Hamid will surely lead FACB For publicity? For reward? For what? Unless, of to spectacular new heights. His business contacts, course, everything has been carefully stage-man­ which once put him in a tight spot, will also stand aged to embarrass the opposition parties and indi­ him in good stead. cate a groundswell of support for the ruling coali­ Syabas also to Hamid's son Ainuddin who had ear­ tion. lier received a windfall when he was allocated 5.2 -ANN

Aliran Monthly 1995: 15(2) 22 tontmued from page 18 Proponents of development policy this country. The homelessness They have been asked to sacrifice changes to solve plantation issues and poverty of plantation work­ for far too long. have accepted the structural in­ ers must be politically addressed. adequacies that promote the im­ Malaysia cannot continue to sap We want progress, stability ~d balance of growth. They expect the workers on the pretext of sus­ productivity. We want them at the the government to extend a help­ taining competitive advantage and cheapest possible price. We do not ing hand, hoping for the spill-over yet be unwilling to share the fruits want trouble, strikes and other effects of development. They are of that advantage. The sacrifices unproductive industrial action. still riding on the back of the of the workers should be rewarded For all these, we want the work­ workers and not getting off their by sharing with them some of the ers to sacrifice their lives quietly. back to make them partners in de­ growth that we enjoy today. It is our responsibility to see to it velopment. that they too enjoy the benefits of For the growth that we enjoy to­ development. The need for a political solution day, we are grateful to the work­ to resolve the issues of plantation ers. Plantation workers have For the plantation workers to par­ workers cannot be compromised. worked for low wages and under ticipate in mainstream develop­ deplorable conditions for almost ment, they must be compensated The plight of the plantation work­ three generations. Our early equitably. This approach can only ers must be viewed in relation to economy was primarily dependent work iftheir rights as workers and their contribution to nation-build­ on the availability of these work­ citizens of Malaysia are politi­ ing and their rights as citizens of ers; they provided the advantage. cally recognised and determined.

LET ME NOT ... Let me not pray to be sheltered from dangers but to be fearless in facing them Let me not beg for the stilling of my pain but for the heart to conquer it Let me not look for allies on life's battlefield but to my own strength Let me not crave in anxious fear to be saved but hope for the patience to win my freedom Grant me that I may not be a coward, feeling your mercy in my success alone but let me find the grasp ofyour hand .in my failure.

Rabindranath Tdgore.

AliranMonth1y 1995: 15(2) 23 The truth is that the people know L E ,. ,. E R s it is all a political gimmick, which is not uncommon whenever there is a leadership struggle irr any organisation. To put the blame on Tengku Razaleigh is but a joke. Politicians usually look for scape­ goats and Dr Mahathir is report­ edly an expert in this. There have been such instances in the past. The To quote one of them: When the ALIRAN MONTHLY APL-CIO (the national labour P.O. Box "1049 "10830 Penang centre of the USA) petitioned to Malaysia the American President to with­ draw the Generalised System of BE FAITHFUL doing. It must never abdicate its Privileges (GSP) from Malaysia TO GOD'S WORD role as a prophetic community. for suppressing worker rights, Dr Mahathir made vicious and per­ As a Christian I read with dismay Lim Sian Pheng sistent criticism against Zainal concerning the allegation of a KOTA KINABALU Rampak and V David, who were church denying accommodation • • • • • • • • • • • • • • • • not parties to the petition. to the natives from Belaga and Batang Ai who were supposed to AN OPEN LETTER TO Although I have never met you attend a forum on Bakun. [AM DATUK SERI ANWAR personally, I have heard about you 1994:14(5)]. If the reason for IBRAHIM and followed your activities from such denial was due to external your Baling days. You were de­ pressure then that church in par­ tained under the obnoxious Inter­ ticular and the Malaysian church nal Security Act, not because you in general ought to be reminded were a communist, not because of God's word spoken through the you were a deviationist, not be­ prophet Isaiah. cause you were conspiring to overthrow the government by "Is it not the kind of fasting (God) armed revolution-but because you have chosen to lose the chains of identified yourself with the mis­ injustice and unite the cords of the ery and suffering of the people of yoke to set the oppressed free and Baling. You opposed privation to break every yoke?" and poverty. You stood for jus­ I write this open letter to you to tice and fair play. At that time you "Is it not to share your food with what I think about our Prime the hungry and to provide the poor say never aspired to nor did you Minister's denial of any form of wanderer with shelter when you dream of becoming Malaysia's disagreement with you and your see the naked to clothe him and Deputy Prime Minister. Your not to tum away from your own endorsement ofthat denial by say­ struggle was in response to your flesh and blood?"(Isa 58:6,7) ing that Dr Mahathir is your commitment and beliefs. leader and mentor. You might re­ The church in Malaysia ought to call there were such denials when You are on record as having op­ be faithful to God's word and trust Dato was the Deputy posed the ISA, the University and Him for the consequences in so Prime Minister! University Colleges Act and the

A/iran Monthly 1995: 15(2) 24 amendments to the Societies Act Samy Vellu from the Telekom BORIS YELTSIN: GUILTY introduced in early 1980, which share scandal, which exoneration OF CRIMES AGAINST were subsequently withdrawn by led him to declare himself as the HUMANITY the government. "Cleanest Minister" in the Cabi­ net? We strongly condemn the Russian After joining UMNO under. the aerial bombardment of civilians leadership of Dr Mahathir, it was * Endorsed Tan Sri Abu Talib's in and around Grozny, the capi­ inevitable that occasionally you order to the Police to destroy the tal ofChechnya. According to the were forced to make adjustments Vijandran pornographic video latest reports from international tapes which were exhibits in a to your commitment and beliefs. news agencies, Russian jet planes robbery case? Remember, from It is a question of survival in or­ have bombed an orphanage and the 'ashes, ' the videotapes were der to realise your ultimate goals. residential areas in and around "reborn" and viewed reportedly But that does not mean that you Grozny. This is barbaric and to­ by hundreds of thousands of have freely allowed your con­ tally unacceptable. science to be an unending elastic people. What a disgrace it was! equipment. Based on this assump­ It is clear that such bombing and tion, let me ask you a few ques­ * Accepted the offer of resigna­ tion from all political appoint­ killing of civilians is in utter vio­ tions on some of the events lation of international law and hu­ handled by Dr Mahathir. If you ments by ex- Chief Min­ ister, Tan Sri Rahim Thamby manitarian laws on questions of were the Prime Minister would war and peace. you have: Chik, and then declared that his alleged involvement in sex with a 15-year-old girl was a "political The Brussels Convention of 1874 * Arrested under the ISA over I 00 prohibits the bombing of unde­ prominent people including per plot" to destroy his political ca­ reer? fended towns and villages and of sons like Dr Chandra Muzaffar, buildings devoted to religion, the who was intimately known to you No, such things would not have arts, sciences, and hospitals. The and whose commitment to peace occurred in our country, if you Hague Regulations of 1907 and and unity has been beyond a had been the Prime Minister. the Geneva Convention prohibit shadow of doubt? None of those Based on the information I have the bombing of civilian popula­ arrested was involved in creating gathered about you, that is the tions who are non-combatants. any racial violence in the coun­ answer I have arrived at - which They also outlaw the destroying try. leads me to conclude that you do and damaging of private property. not quite fit into the leadership of * Engineered, as alleged, the re­ UMNO Baru. I am, therefore, of Thus, it is clear from the above moval of Tun Salleh Abas - an the view that your legitimate and the Russian Federation President unforgettable and unforgivable understandable ambition to step Boris Yeltsin is guilty of war nasty episode - which has tar­ into the shoes of Dr Mahathir nished the image of our nation. would in all probability be crimes, crimes against peace, and thwarted by the manoeuvres ofthe crimes against humanity. He * Justified the award of the forces within UMN 0 Baru. should be made to answer for such country's highest title "Tun" to crimes before an international war Hamid Omar who accepted the crimes tribunal. chairmanship of the Tribunal Nevertheless, I hope I will be which dismissed Tun Salleh by proved wrong in the interest of throwing all the Principles ofthe this nation of ours. Fan Yew Teng Rule of Law and Natural Justice Executive Director to the winds? KGeorge CENTER FOR PEACE * Allowed the ACA to exonerate KIANG INITIATIVES

A/iran Monthly 1995: 15(2) 25 LET'S HAVE RAHIM BACK Forget about the political leaders. Records for watching the most We must learn to stand on our number of Tamil films. The investigation into the alleged own feet. We should not ask what affair of the former Chief Minis­ the MIC has given us but what The writer should not bark up the ter ofMalacca and UMNO Youth we have given the party. Chief with a 15-year-old school­ wrong tree. If the Indian commu·­ nity wants to be at par with the girl has revealed no prima facie The Chinese in this country pros­ other communities by 2020 they evidence to charge him in court. per in all fields not because of the should discard their video sets and MCA or Datuk Seri Dr Ling spend their time and energy in It appears that the police have not Liong Sik. They do not depend on earning more money for the bet­ been thorough enough in their in­ the political leaders. They work terment of future generations. vestigations and have only un­ hard and with their hard-earned earthed circumstantial evidence money they reinvest in this coun­ P Balakrishnan thus only casting suspicion on a try to make more money. perfectly innocent man. Secretary General MALAYSIAN HINDU Our forefathers, too, came to this YOUTH COUNCIL The honourable Tan Sri Rahim country but all their hard-earned Thamby Chik should proceed to money was sent back to the coun­ • • • • • • • • • • • • • • • • sue the media for defamation (if try they came from. The genera­ PROVIDE BOOK AID TO that is possible) and pull back his tion that followed was very loyal resignation letter. The people of ALL PUPILS to this country because they were Malaccaand UMNO Barn Youth born here but they, too, spent their should not hesitate in allowing At present pupils studying in hard-earned money on alcohol, this blameless man to lead them Sekolah Kebangsaan are given especially illicit samsu, which once agam. book aid (loan) irrespective of could be bought so easily at that their family income. The govern­ Justin Anandan Santiago time. What about the third gen­ ment should extend this caring eration i.e. the present generation KUAlA LUMPUR and noble policy to all schools, who are an educated lot. Instead including Sekolah Rendah Jenis of working hard to earn more •••••••••••••••• Kebangsaan (Tamil). money to send their children for TRY TO STAND higher education they are spend­ ON OWN FEET As a teacher, I feel very sorry ing their precious time and money when some pupils appeal to the on videos and Tamil films. I refer to the letter entitled "Samy, school for book aid. There have We Want Action- Not Just Talk!" If we visit an Indian settlement on been cases when the school had written by lntha Nadu Namathoo' rejected these appeals based on which appeared in A/iran a Saturday afternoon we can ob­ the conditions set by the Educa­ Monthly 1994:14(10). serve pin-drop silence. AH the residents will be glued to the TV tion Ministry. One mother even It is really unfair to blame the sets. Videotape rental shops are shed tears when all her children MIC leader for the present pre­ mushrooming all over the coun­ were denied the book aid. dicament of the Indian community try. Nowadays it is very difficult in this country. Rome was not to persuade the Indian community I hope the NUTP will persuade built in one day by one person. to come forward for any commu­ the government to give book Samy Vellu is not Allaudin who nity projects and the attendance loans to all pupils. This will also can rub the wonderful lamp to at temples is also dwindling. They lessen the teachers' paperwork. give everything we wish for. He are all now competing with each is also a human being like you and other to get their names to be in­ Suren me. cluded in the Guinness Book of PENANG

Aliran Monthly 1995: 1 5(2) 26 THE THREE ENVELOPES When Harold Wilson, the British to someone's more fortunate Labour Prime Minister handed abode for our water needs. If there is going to be a Guinness over the premiership to Jame~ record on absenteeism in Parlia­ Callahan he is said to have left It's now 1995! The situation has ment, Ling Liong Sik, the Minis­ three envelopes in a drawer, with not got better but worse. Today, ter of Transport, will definitely the instruction that they were to it has been 2 weeks since the tank win hands down. be opened in tum, in times of di­ in the flat filled up. The taps are saster. dry. Why? The water pressure is No Minister or Member of Par­ too low to travel the heights to the liament can beat his record of Opening the first envelope, after upper floors. Why is this so? One absenting himself from Parlia­ the first disaster, Callahan found cannot get an intelligent, sincere ment - he has been absent 23 8 out a note which read: 'Blame your explanation -just a rigmarole of of 262 days. This means that he predecessor.' After the second di­ excuses which are an insult to attended for only 26 days. If a stu­ saster he quickly tore open the one's intelligence. dent had done this, he would have second envelope and read the been expelled without question. message: 'Sack your assistan' The residents on the ground floor After the third disaster, with trepi­ carry on comfortably and even In his absence, his -deputy had to dation and tremulous hands, he have water to wash their automo­ bear the burden of answering the took out the third envelope and biles. The others who have defied questions on his behalf. By right, slowly pulled out the final mes­ the law and fixed water pumps sage which stared at him: 'Pre­ the Minister should answer the have helped themselves. Ironi­ pare three envelopes ... ' questions himself and not his cally, the illegal immigrants deputy. This proves that there is staked out on the hill enjoy the ChooSing Chye a general lack of ministerial re­ luxury of free spring water flow­ State Assemblyman for sponsibility. ing non-stop. Get a load of this - TEBING TINGGI they show their displeasure to The big question is where was he anyone who dares to touch "their" all this while? ••••••••••••••••• GIVE ME SABAH LAMA water. We citizens who pay for Some say that he spent most of modem amenities i.e. piped wa­ his time near airports on the look­ It's a nightmare! -worsening day ter are being short-changed. out for fires. Some even swore by day! that he had been busy going round I called the water department the country frying "Koay-Teow" When I moved in, in October numerous times and requested for and raising funds . But for most 1992, the landlady assured me water to be delivered. I'm still people his absence from Parlia­ that the water problem would be waiting. I recall some bureaucrat ment meant not having to face the solved by the end of the year - (or was it one of our politicians?) opposition during question time. 1992? was quoted in the Daily Express quite recently as saying one only After three airport fires, Ling The problem then was the water has to ask for water and it will be Liong Sik should have resigned supply came from the tank in the delivered F. 0 .C. Alas, easier said from his post as the Minister of flat which was filled only once than done. In the meantime I have Transport- this would have meant in 24 hours - late at night or in to go a-begging for water. morally accepting ministerial re­ the wee hours of the morning. So sponsibility. I managed - being alone, it was Hey Guys! the famous election not so bad. But if there was a promise of change in "ONE The following political satire may guest staying over, it was a wa­ HUNDRED DAYS" appears to be of help: terless dilemma. Then it was off have been lost in the mists oftime.

Aliran Monthly 1995: 15(2) 27 Ifthis is "SABAH BARU," give His own multi-million ringgit been unscrupulous in this matter. me "SABAH LAMA." business? It is regrettable that a Muslim house-maid can be employed by Sophia Abdullah Anyhow, I faxed my complaint to a non-Muslim employer. In some KOTA KINABALU the PM's office on 24-10-94 af­ cases, I understand, certain non­ ter qetting the fax number from a Muslim employers forbid their ••••••••••••••••• lady at the PM's office. Whether Muslim house-maids to perform GOODBYE UMNO the complaint got any attention is the five daily obligatory prayers. anybody's guess. If such a case is reported, the gov­ My family has been supporting ernment should not only be vocal UMNO Baru can say goodbye to UMNO quite blindly for as long a few votes this coming election. but it must take stern action. as I can remember. However, re­ cent developments and experi­ The Ministry of Home Affairs Goodbye Vote should formulate a sound and ef­ ences have made me rethink our SGBESAR support for them. ficient policy on immigrant labour ••••••••••••••••• for the preservation of peace and A coup1e of years back one of the IMMIGRANT LABOUR harmony in the country. The Government's business compa­ government's cc,ncept 'Come and nies had caused me great finan­ The problem offoreign labourers Register' is preposterous! No cial loss by breaching a contract. should be reviewed seriously by wonder they are making furtive the government. The government I wanted to bring this to the at­ entries into our country. should not hesitate to take tention of the Prime Minister as I draconian measures and imple­ was one of many small 'fries' who Faizin Bin Arshad ment repressive laws to ensure got burnt by those who were en­ BUTTERWORTH that their presence in this country trusted with the powers to help ••••••••••••••••• is not a threat to the security of CHANDRA HAS small fries like me. the country. "MATURED" I met my Honourable (?) Mem­ I read Anas Zubedy's article jus­ ber of Parliament (UMNO Baru At present, these foreign labourers tifying, if not defending, JUST man) and told him of my predica­ are employed in various sectors of our economy. Their mission is and Dr Chandra's choice of Dr ment and of my intention of bring­ to work for a specific period of Mahathir as speaker for the key­ ing this matter to the PM's atten­ time. Their intention of making note address at the recent JUST's tion and told him that I was put­ this country their permanent ting his name as my personal ref­ conference on the topic, Rethink­ settlement should not be legalised. erence as he was also my friend. ing Human Rights. A few of them bring their wives Anas was merely expressing his As soon as I said this, he jumped and children. When their babies personal opinion on the matter, and said "Hei, leave me out, don't are born the government still is­ but I \ >' Onder whether his re­ involve me in this." His business sues birth certificate to them. The sourcefulness could sway the partner who was with us at that problem is that these babies born opinion of human rights activ­ time also joined in and told me in this country will one day claim ists as to the choice of not to involve the YB (why be?). themselves to be the citizens of Dr Mahathir as guest speaker this country. There must be a on that august occasion.[AM Well, if, "my" representative in marked distinction in the registra­ 1994:14 .12] Parliament, the man I voted for tion of the birth certificates of and expected to get me justice, these immigrants. For a man with a blemished doesn't want to get "involved" on record on human rights, to be in­ my behalf, why is he a "Wakil As far as house-maids are con­ vited to talk on human rights is, Rakyat"? Who is he representing? cerned, the recruiting agents have to me, a laughing matter.

A/iran Monthly 1995: 15(2) 28 It is equivalent to trying to clean It is quiet disturbing to read that DESTRUCTION OF BEAUTI­ a polluted place with polluted human rights abuse can be and FUL TREES, which may be of water. Where is the rationale for should be viewed hierarchically. value to the botanists; this? Abuse is abuse on whatever scale. The abuse of a single individual DESTRUCTION OF WILD For all that he has done over the diminishes everyone of us. In the LIFE, like the beautiful birds, years, Chandra is also said to Origins of Totalitarianism, Arendt squirrels and insects; have been bought over by the gov­ reminds us of the banatality of ernment. No, I do not agree with THE BLURRING OF THE evil. She cautions that large-scale this. But I can agree if it is said BEAUTIFUL BLUE SKYLINE violence, massacres and the other that Chandra has "matured" over with the hard brown clay brought the years, in as much as Dr horrors of history have often be­ about by bulldozers going to and Mahathir himself has "matured" gun in the most unobtrusive ways. fro everyday. I hope our relevant over the years, since he authored In policing global abuse one his book The Malay Dilemma. should not forget to give equal ministries, particularly the depart­ attention to one's backyard. Dr ment of environment and forestry, Anas, in desperation trying to de­ Chandra says that he is not going · will act immediately to stop this fend JUST also said that Chandra mainstream, but upstream. In go­ blatant disregard for our environ­ has clocked more hours than any ing upstream one should ask what ment. I do not have to emphasize of us put together, in his pursuit is spawned and what dies. here that clearing of land to build for human rights. And I say that multi-storey apartments is not is true. The late Dato Mohd Asri Wong Soak Koon good enough reason to destroy our Muda also clocked more hours Penang trees and hills. than any other single person of •••••••••••••••• his time in propagating the ideol­ Dr Margaret A Fernandez BLATANT DESTRUCTION ogy of PAS but towards the end Penang he too "matured" and joined the I wish to bring to your attention ruling party. the indiscriminate felling of trees • ••••••••••••••• Then there is this man from and chopping of our jungle in the ONLY PAPER LOSS ABIM who sacrificed his youth­ area behind Persiaran Halia It is a pity Mr Leeson of Barings ful years to the noble cause of 1, 104 70 Penang. This is a large ABIM; detained under the ISA, and beautiful piece of landscape PLC Singapore is not a member he too "matured" and joined with undulating hills and green­ of the Malaysia political elite, oth­ UMNO,only to be the country's ery. Sad to say, one day I wit­ erwise his doings would only be next prime minister. The list can nessed to my astonishment some deemed as 'paper loss' by his go on. tractors and men with electric montor in Malaysia. saws invading this beautiful place Now I believe Chandra too has and chopping down the trees. His actions could even have been joined the ranks of "matured" justified with statements like: people and there is nothing incon­ Birds of different colours chatter 'What ifhis intuitions on the up­ sistent with the human rights away and make nests here and it swing of the Japanese stock mar­ cause he is still pursuing. is the home of many squirrels and ket were right? The bank would even the iguana. I hope the De­ Dato' Hishamuddin Bin Haji have made billions and everyone partment of Environment has would have praised Mr Leeson' Yahaya D.J.M.L; S.A.P. realised the value of these hills Kuala Lumpur and the consequences of its de­ Some people are simply born in ••••••• •• ••••••• struction, which are: the wrong time, wrong race and GOING UPSTREAM SOIL EROSION, firstly because wrong country. I refer to Dr Chandra Muzaffar's of the hill-slope which will pose comments on his stand on human a danger to the houses at the foot­ 'A.B., rights published in The Star. hill; Ipoh

A/iran Monthly 1995: 15(2) 29 BAKUNDAM: MAKE EIA REPORT PUBLIC

Aliran is concerned that the govern­ ment will not make public the envi­ ronmental impact assessment (EIA) report for the first phase of. the Bakun hydroelectric darn. The De­ partment of Environment (DOE) had approved the detailed EIA re­ port on Monday - a process which was widely regarded as a formality given the vested interests involved.

All is clear now for Ting Pek Kiing's Ekran to start "clearing" (i .e. log­ ging) 69,000 ha of forests worth at least RM500 million - of which poorest state with little or no devel­ WRITE OFF phase one consists of 17,000 ha. KELANTAN'S DEBTS opment at all. If this is true then they are in need of, and de~erve , Given the magnitude of the project, Aliran welcomes the Malaysian more assistance. But when debt de­ Aliran wonders why the DOE has government's support for the move .ductions ar~ made from the rightful not complied with its standard pro­ to write off the crippling debts of annual entitlement of federal allo­ cedure to display the detailed EIA poor nations at the just concluded cations, this will be seen and per­ report at all DOE offices and public World Summit on Social Develop­ ceived by all thinking and feeling and university libraries. This denies ment. Such a move would enable Malaysians as a wilful conduct de­ the public, especially the affected liberately contributing to the misery these poor countries to provide ad­ communities, their right to comment ditional funds for development of fellow human beings. This con­ duct on the part of the federal gov­ and provide feedback on the envi­ projects while freeing them from the ernment does not in any way rein­ ronmental damage which the Dam burden of debt-servicing. force the caring concept that the will cause. government is aggressively promot­ Without such a relief, these poor Why is the government and the ing. If anything, it only enhances countries cannot escape from the DOE so afraid of revealing the EIA Kelantan's difficulty and contributes clutches of poverty neither can they report to the public? Have they got to the misery of its people. free their citizens from the morass something to hide from concerned of misery and hopelessness. If we want our noble sentiments on Malaysians with the election near­ ing? It. is in this light that Aliran calls issues to have a resonant tone on the world stage, then the tenor of this on the federal government to prac­ This action of the government bla­ tise at home what it preaches abroad. sentiment must ring true and loud in our own land. Only then the tantly belies their sanctimonious For a start, it should write off all the claim that they are transparent and loans due to it from a poor state like world will take note of our moral outrage and heed our concern for accountable to the people. Kelantan. those trapped in abject poverty and misery. It has been reported that debts in­ Dr Hamima Dona Mustafa curred by a previous state govern­ Otherwise, we stand to lose our cred­ Asst Secretary ment and due for settlement cur­ ibility and deserve to be ridiculed 1 April 1995 rently are deducted from the entitle­ as being incongruous and inconsis­ ment of federal allocations to the te'lt in our stand on issues. state. Executive Committee The above statements were not Kelantan has been potrayed as the 15 March 1995 earned 111 the mamstream med1a.

A/iran Monthly 1995: 15(2) 30 AN APPEAL

ALIRAN ~-~{llu4t/M needs a home Aliran1s Building Fund

n two more years ALIRAN will be twenty years old. For the first seven years Aliran functioned from members' homes. Since 1984 Aliran has been leading a nomadic ex­ istence moving from one rented premist> to another. In fact, during the last four years I Aliran has moved three times! Besides being very disruptive, it has also been expensive as the rent kept increasing from RM400 in 1989 to RM580 in 1991 and RM850 presently. Aliran has decided that we need a place of our own where we will be permanently based. Aliran has finally decided to buy and build our own place. To do this Aliran needs your generous support. Aliran has sufficient funds to buy a small piece of land but not enough to put up the building. We need approximately RM150,000 over the next two years to cover the building cost. Aliran would be very grateful if you could donate towards our building fund. We depend entirely on people like you, concerned citizens and well-wishers whO cherish and champion the same ideals and aspirations as Aliran's. Help us to serve you better. . Please make a contribution. A friend of ALIRAN is a friend of truth and justice. /.~~ P. Ramakrishnan President, ALIRAN r------, I wish to donate RM ______to Aliran Building Fund by cash I cheque I draft I MO I PO No. ______

Name: Mr I Mrs I Miss I Mdm ______

Address: ______

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A/iran Monthly 1995: 1 5(2) 31 The Electoral Roll THE MORE YOU CLEAN IT, THE DIRTIER IT BECOMES?

Illt a press conference on DELAY IN GAZETTING roll is 'dirtier' than the 1993 elec­ 29 November 1994, I toral roll in that there are now exposed the scandal of On 8 February 1995, Datuk more 'duplicate/multiple voters' over 30,000 ' duplicate and mul­ Harun Din clarified that the de­ than was found in the previous tiple voters' in the 1993 voters' lay in finalising and gazetting the electoral roll. electoral roll. There were multiple 1994 electoral roll was due to the registrations as voters using the time taken to ' clean up' the 'du­ I am unable to compare the fig­ same identity card number. plicate/multiple voters' which we ures for Kelantan, Trengganu and had submitted to the Election Perlis as we had not worked out I had announced then that for Commission on 19 December. I the ' duplicate/multiple voters' in eleven states, excluding Kelantan, would have, therefore, expected these three states in the 1993 Trengganu and Perlis, I had found • the 1994 electoral roll to be a electoral roll. from our computer programming and scrutiny ofthe 1993 electoral MULTIPLE REGISTRATION roll, a total of27,953 'duplicate I USING SAME IDENTITY CARDS multiple voters'. This number would exceed 30,000 when 1993 electoral roD 1994 electoral roD Kedah 2,297 2,546 Kelantan, Trengganu and Perlis Penang 1,246 1,167 were also taken into account. Perak 3,856 4,055 4,286 4,595 Wilayah 979 994 These 'duplicate/multiple voters' N.Sembilan 769 732 included a case of 13 different Mel aka 303 244 3,704 4,105 registered voters using the same Pahang 1,293 1,326 identity card - twelve Malays and *Trengganu 1,212 one Indian (eight women and five *Kelantan 2,897 Sarawak 4,2 29 4,134 men) - in the Lembah Pantai par­ Sabah 4,991 5,942 liamentary constituency in the *Perl is 330

Federal Territory. Total 27,953 34,279 --- On 19 December 1994, accom­ panied by my colleagues, Sdr P • Figures not available. Comparative study has not been completed yet. Patto and Sdr Liew Ah Kim, I met the Election Commission Chair­ clean roll, at least much cleaner However, nation-wide there are man, Datuk Harun Din and the than the 1993 electoral roll. more ' duplicate/multiple voters' in Election Commission Secretary, the new 1994 electoral roll than Datuk Abdul Rashid Abdul It has, therefore, come as a shock in the 1993 electoral roll. Rahman and handed to them the that, as a result of our computer full volume of the 28,000 dupli­ programming and scrutiny of the The Election Commission owes cate/multiple voters for the 11 new electoral roll, we have dis­ the people of Malaysia a full and states. covered that the 1994 electoral clear explanation as to how, after

A/iran Monthly 1995: I 5(2) 32 ·cleaning up' the 1993 electoral tory explanation as to why there ofthe Malaysian Constitution had roll -based on the list of 28,000 are now more ·duplicate/multiple intended that the Election Com­ ·duplicate/multiple voters' which voters' in the 1994 roll as com­ mission be solely responsible for we had submitted to it - the 1994 pared to the 1993 electoral roll the mere mechanical tasks of su­ electoral roll could be ·dirtier' than even after the ·cleaning-up' exer­ pervising polling day arrange­ the previous roll. cise. Malaysians need to be as­ ments for voters to cast· their sured that such multiple registra­ ..;ivotes, without ensuring that the If the Election Commission is tion of voters would not adversely elections should be free, fair and unable to give a full and satisfac­ affect the holding of free, fair and clean. tory explanation as to how the democratic elections. 1994 electoral roll could have The Indian Constitution, for in­ stance, is very similar to the Ma­ 13 voters with the same identity card laysian Constitution where under Article 324, "the conduct of elec­ 100/16 Kam~ong Sentosa tions" to Parliament and the State Bil. No.KP Nama No. Rumah Legislatures is vested in its Elec­ 1190 3876303 Ainon bt Shamsuddin 1191 3876303 Amzah b Baba 401-C tion Commission. 1192 3876303 Arifin b Din 34C 1193 3876303 Embon bt Mohd Rani 34C The Indian Constitution also does 1194 3876303 Endon bt Mad 1195 3876303 Halimah bt Harun 170A not refer to ·free, fair and clean' 1196 3876303 !yah bt Talib 79C elections, but the Indian Election 1197 3876303 Mathan b Din 34-C 1198 3876303 Mazlan b Jaafar Commission has made it very 1199 3876303 Nagappan Sallan clear that it is the ·repository un­ 1200 3876303 Ramilah bt Mahat 104C der the Constitution of ensuring 1201 3876303 Shamsiah bt Abas 200-C 1202 3876303 Zaharah bt Yusop 43C free and fair elections truly reflec­ tive of the choice of the pe.ople' - a position which has been ac­ more ·duplicate/multiple voters' cepted by all the political parties, after the ·cleaning-up' exercise, TIMID COMMISSION the ruling governments and the then Malaysians would lose their Courts. confidence in the independence as The Election Commission is very timid in discharging its constitu­ well as the capability and effi­ It is for this reason that the In­ tional responsibility of ensuring ciency of the Election Commis­ dian Election Commission has is­ that the general election is ·free, sion. They would also have no fair and clean'. sued various directives to Govern­ faith in the 1994 electoral roll ments, both national and .state, which would be used for the next Under Article 113 of the Malay­ and the police, to fight against general election. Under the cir­ sian Constitution, the Election electoral malpractices and abuses. cumstances how can Malaysians Commission is responsible for the expect the Election Commission conduct of elections to Parliament NQABUSES to conduct free and fair elections? and the State Assemblies. Al­ though the constitution does not For instance, the Indian Election We will not rule out the possibil­ say anything about ·free, fair and Commission had issued an Order ity of taking the whole matter of clean' elections, such constitu­ in September 1994 reminding rul­ the integrity and legality of the tional responsibility must be read ing political parties of the need for 1994 electoral roll to the courts into Article 113 . electoral rectitude and that they unless the Election Commission should give no cause for com­ can provide a full and satisfac- It is inconceivable that the fathers plaint that they had used their of-

A/iran Monthly 1995: 15(2) 33 ficial position for the purpose of of ensuring free and fair elections the Election Commission is when their election campaign. They truly reflective of the choice ofthe it determines the election cam­ were also reminded that from the people, the Election Commission paign period. The Prime Minis­ time the elections were annouced refuses to be a silent spectator of ter had said that 16 days for the by the Commission, Ministers and attempts to highjack an election election campaign period is ad­ any authority should not (a) an­ even before it is announced." equate for Malaysia! Will the nounce any financial grants in any I call on the Election Commission Election Commission take this as form or promise thereof, or (b) lay in Malaysia to emulate its coun­ a cue and allow a 16-day period foundation stones, etc. ofprojects terpart in India, and to take posi­ or will it demonstrate its indepen­ or schemes of any kind, or (c) tive action to fulfil its constitu­ dence by allowing a longer cam­ make any promise of construction tional responsibility in ensuring paign period because election ral­ of roads, provision of drinking the ~onduct of a ' free, .fair and lies are banned, television time is water facilities etc. which might clean' general election, and not barred and media coverage is de­ have the effect of influencing the continue to be a silent spectator nied. voters in favour of the party in to the hijacking of general elec­ power. tions by the ruling Barisan How can Malaysia hold a 'free Nasional. and clean' general elections, when Identity Card the Election Commission dare not The Election Commission should Number 3462967 claim this as its consitutional draw up a Dos and Don'ts for a produces 3 voters responsibility? caretaker government during the I . Bong Joo Eaik (Perempuan) election period so that it will not 572A Tanjong Bunga, misuse or abuse government Don't ever forget MK 18(2) funds, machinery, resources and that you are Kod localiti: 0471903004 manpower for election campaign­ part of the people Kod daerah mengundi: ing. Government jets, helicopters P04 7N 19/03(Bukit Bender a/ who can be fooled Tanjong Bunga/Kampong and vehicles, for instance, should some of the time. Tanjong Bunga) not be used by the Prime Minis­ ter, Deputy Prime Minister or 2. Lee Hu Lim (Lelaki) Cabinet Ministers during the elec­ 599L Jalan Tanjong Bunga, MK18(2) tion period for campaigning pur­ Kod localiti: 0471903004 poses; otherwise the important "Never doubt Kod daerah mengundi: distinction between a government P04 7/N !9/03(Bukit Bend era/ and a political party m power Tanjong Bunga/Kampong that a small group Tanjung Bunga) would not be made. of thoughtful 3. Khatijah Bt Abbas It is sad that the Election Com­ (Perempuan/Batu Uban) 634A mission has got so used to having committed citizens Batu Uban MK 13 its constitutional powers usurped Kod localiti: 0503004001 can change the world. Kod daerah mengundi: and hijacked by the ruling party POSO/N30/04(Bayan Baru!Batu that it is perceived as not even Indeed it's the only thing Uban/Batu Uban) exercising its constitutional pre­ rogative of determining the nomi­ that ever has." The Indian Chief Election Com­ nation and polling dates and en­ missioner, T N Seshan, had made suring a fair and reasonable cam­ Margarafe Mead it very clear that "Being a paign period. Malaysians will be respository under the Constitution watching to see how independent

A/iran Monthly 1995: 15(2) 34 DEVELOPMENT

KAMPONG CHUBADAK TAMBAHAN THE OTHER SIDE OF DEVELOPMENT

The residents are crying foul over the way they were not consulted in the 'development' of what they con­ Development for whom? Lalitha sider to be their land. Their efforts at registering Vaidyanathan examines the plight of the their protest and demanding for their rights have residents of Kampong Chubada.k Tambahan not only fallen on deaf ears, but the residents have who have to surrender their homes when been made to seem like the culprits in this issue and development arrives at their doorsteps. have been subject to unfair treatment by the devel­ opers, Police, their Member of Parliament and Gov­ ernment agencies. ttlampong Chubadak Tambahan is a settle­ THE PAST ment in Sentul, about 5km from the heart of Kuala Lumpur city. It is home to about The first settlers ofKampong Chubadak came from 1,400 families, some ofwhom have been living there Seberang in West Sumatra. Over time they cleared for generations. Being as close to the heart of the almost 5 00 acres ofland to build their homes. Their City as it is, the prime location of the land had caught progeny are the current residents of Kampong the eye of the property development company, Chubadak Tambahan. Syarikat Sentul Murni Sdn Bhd (a member of the Mahajaya Group). The residents are now being forced More recently, the 500 acres were gazetted as Malay to relocate to make way for a condominium project. Reserve Land. The Kampong was a recognised

Alzran Monthly 1995: 15(2) 35 settlement, initially administered by the Lembaga test against his lack of understanding as to their Kampong (Kampong's Board )in the early part of plight. Alex Lee has, in fact, clearly taken the this century and then by the Jawatankuasa Kemajuan side of the developer in his interviews with the dan Keselamatan Kampong (JKKK) (Village Devel­ Press. opment and Security Committee) from 1953-1974. Since 1974, it has come under the jurisdiction of the * acting to stop the construction work on site. Dewan Bandaraya Kuala Lumpur (DBKL) (City * sending memorandums to, amongst others, the Hall). Prime Minister, the Deputy Prime Minister, the Minister for Land and Minerals and the Minister On I 0 January 1976, the Jawatankuasa Tanah for Federal Territory. Wilayah Persekutuan (Federal Territory Land Com­ mittee) made the decision to transfer the rights of * filling Police reports against the developer and this land to the hands of the people. However, the the police themselves. then Head of the Kampong failed to follow-up with the registration exercise and the whole issue soon * calling for Press conferences to gain public sup­ dissipated from everyone's memory. port for their cause. Most of these were poorly attended and the issue has not received much THE PRESENT media coverage.

About two years ago, Sentul Mumi was apparently * attempting to meet with the developers to arrange granted the right to develop the land. At no stage of an amicable solution. The developers have fail to this plan were the residents ofthe kampong consulted: tum up at pre-arranged sessions. they were merely informed of their impending eviction when all deci­ sions had been made. In compen­ sation, the residents have each been offered RM400. in cash and the option to purchase one low-cost flat unit also being built in the area Some of the I, 400 families, for lack of choice, have accepted the com­ pensation and have since been re­ located temporarily to ' longhouses'. The rest however, have refused to be evicted. The Kampong Chubadak Residents Committee has been formed to rep­ resent the interests of the people.

The committee has explored almost Crane hangmg da ngerously over the house every avenue of protest open to them but have met with resistance at every stage. THE REACTIONS Their ef(orts include: The authorities in general have been very unsym­ pathetic to their cause. The extent of discrimina­ participating in a peaceful demonstration held at * tion against the residents has been alarming and is Merdeka Square on I May 1995 with other urban clear from the events related below: settlers. 9 January 1995 * staging a peaceful demonstration outside the office The Federal Court rules allowing the residents a of their Member of Parliament, Alex Lee, to pro- stay of execution.

A/iran Monthly 1995: 15(2) 36 When the residents refused to be evicted, the devel­ again confront the developer. This time the Police opers filed a case in court. The residents lost the case intervene (about 20 of them) in full riot gear and a in the High Court and have appealed to the Federal police dog!! In the commotion that ensues, the po­ Court. Although judgement is still pending, the de­ lice shout and threaten the residents with guns. The velopers have continued with the construction work, literally in the backyards of the remainmg kampong houses.

23 January 1995 Residents act to block the construction.Cranes swing gigan­ tic rocks over their roofs, endan­ gering their lives. The developer agrees to stop construction until the two parties can come to a mutual agreement.

24 January Three officials from the Selangor/ Federal Territory Department of Residents finally released Occupational Safety and Health visit the kampong and promise that a letter warning police dog bites one of the female residents. Eigh­ the developers to stop unsafe construction practices teen residents are arrested including three women, will be issued within a week. two juveniles and four very young children and are charged with assaulting police officers! 25 January Sentul Murni resumes construction without attempt­ 14 February ing to meet the residents as promised. When the resi­ he arrested residents are brought to the Magistrate dents confront the developers and demand an expla­ Court to be charged. The Magistrate orders the re­ nation, the police intervene. The police force a group lease of the women and juveniles (the young chil­ of the residents to go to the Sentul Police Station - dren had been released the day before). Despite the 'to negotiate with the developers'. After waiting in court ruling to release them, the women were hand­ vain for hours for the negotiation, the residents leave cuffed once outside the courtroom and taken back for home angry at the demeaning manner in which to the police stateion. At the police station, the Po­ they have been treated both by the police and the lice attempt to re-arrest the women in blatant disre­ developer. The Residents Committee issues a press gard of the ruling passed by the Court! After much statement to publicise their plight but there is little resistance and talking to different authorities in the coverage of the issue in the local press. station the women are released.

13 February 18 February Sentul Murni starts impact-piling at the construction The remaining nine residents are released. All nine site. claim that during the six days in remand, the police had hardly made attempts to question them. The Adjacent homes are damaged and the noise pollution whole event seems to have been a scare tactic em­ is unbearable. The thick smoke from the piling ma­ ployed by the police to warn the residents against chines ruins their clothes and harms their foodstuff. 'creating anymore trouble'. Unable to bear the disturbance, the residents once

AbranMonthly 1995: 15(2) 37 THE POINTS OF CONCERN and the residents seem to have no way ofleading a peaceful life, at least until the Federal Court passes The whole issue has caused much hardship to the the judgement. affected residents cf Kampong Chubadak Tambahan. The basic issue is one of the right of the residents to EQUITABLE DISTRIBUTION the land. Surely as rightful claimants ofthe land, they should at least be consulted in its development. The The United Nations Commission on Human Rights residents repeatedly stress that they are not opposed Resolution 1993 affirms the right of every individual to development, as long as they too benefit from it. to adequate housing. It also affirms that the prac­ Here, they are not only being forced to give up the tice of forced evictions constitutes a gross viola­ land they consider rightfully theirs, but are expected tion of human rights. It further recommends· that to pay RM25,000 for a new house. Worse, the resi­ 'Government provide immediate restitution, com­ dents have not been offereq any aid to make these pensation and/or appropriate and sufficient accom­ payments. A lot ofthe residents hold low-payingjobs modation or land, consistent with their wishes or and can ill-afford such hefty instalments. needs, to persons and communities which ha~e been forcibly evicted, following mutually satis­ The issue also seems to have been distorted the resi­ factory negotiations with the affected persons or dents who are the victims of the developer's unfair groups'. This resolution was adopted unanimously practices are now perceived as the culprits and have on l 0 March 1993 in Geneva during the 49th Ses­ been charged with rioting. The residents feel that the sion ofthe UN Commission on Human Rights. police had very clearly taken the side of the devel­ oper and in doing so, have violated the duty of the The residents of Kampong Chubadak Tambahan police as 'protectors of the common people'. Not only are at the receiving end of the negative effects of have they not been protected, the residents have been Malaysia's development process. In this project, the allegedly harassed and terrorised by the Police. The parties who benefit seem to be confined to the de­ residents were also shocked at the Police's insensi­ velopers, the land owners and the condominium tivity in bringing a dog into a predominantly Malay buyers. The buyers will undoubtedly come from area and standing by while it bit one of them. Above the middle and upper-middle income brackets; af­ all, the police's disregard of the Federal Court ruling in relation to the release of the two women has re­ ter the purchase they will have (quite a luxurious) portedly created a deep distrust of the police force roof over their heads. The developers and the State amongst the people in the area. It has also brought Government will reap handsome profits from the into question, according to some, the integrity of the sale of the condominiums and the land. The villag­ force . ers, on the other hand, will derive only financial, physical and emotional hardship from the disloca­ The residents' Member of Parliament, Alex Lee, has tion. not helped to alleviate their hardship. Without so much as an attempt to really listen to the residents' con­ Issues such as the plight of the Kampong Chubadak cerns, he has been publicly supporting the develop­ residents brings to light the immediate and press­ ers in their eviction drive. Alex Lee has even threat­ ing need to review the effectiveness and integrity of ened to withdraw the meagre compensation should the police in defending the people and upholding the residents continue to resist. the rule of law.

The media although present at some of the press con­ Eviction of residents and land acquisition seem to ferences called by the residents, has either failed to be an inevitable product of a capitalist system of report the issue or not been fair in its reporting. economic development. The driving force behind such a system is the maximisation of profits where Currently, the developers continue the construction development is shaped by the demands ofthe middle

A/iran Monthly 1995: 15(2) 38 The Dark Side Of Trees

The truth burns so they turned their f aces away from the sun. ..

When small liberties began to fray. .. When their constitution was being chipped away When their newpapers ln; ured tn the scuffle were shut down. .. When their rule of law and upper classes. In this context, accommodating the needs of the margmaliscd scctit>ns of society is was twisted round. .. seen as undesirable as it means a decline in profits. When might became right Consequently, while improving the quality of life of and their friend<; the upper classes, this process actually erodes the liv­ were carried off screaming ing standards of the poor and other marginalised in the picth of the night. .. groups. They chose silence In all fairness. Malaysia's blueprint for development f eigned blindness docs mention the interests of the marginaliscd groups pleaded ignorance. The Poverty Eradicat1on and Low Cost Housing Plans arc commendable examples of this. These, however, And now when the shadow need to be implemented effectively if they are to ben­ efit the target groups. Periodic review by means of ofthe jackboothangs consultation with the affected groups would be an ominous over their beloved land extremely useful exercise in ensuring these stated in­ they walk as zombies tentions are practical and beneficial to the target unable to distinguish right from groups. Another possibility is to build in enough flex- I wrong from right ibility mto the plan so that it may be tailored to suit their minds furred with lichens situational needs. like the dark side of trees.

Equitable distribution of wealth is an important as­ The truth burns pect of sustainable development. Neglect in this area so they turned will result in the poor becoming poorer. This in tum their faces away could lead to the mushrooming of ghettos, increased from the sun. .. crime rates and other undersirable social ills - a sce­ nario that is a reality in certain developed nations. Being in a privileged position to learn from the mis­ takes of others, Malaysia should actively strive to do I SOURCE · EKKl.ESIA JUNE-SEPT 1988 just this.

Ail ran Monthly I 995: I 5(2! 39 ACCOUNTABILITY The Electoral Roll THE MORE YOU CLEAN IT, THE DIRTIER IT BECOMES?

Parliamentary Opposi­ tion leader Lim Kit Siang complains the Election Commission has failed to resolve the many cases of duplicate Identity Card numbers in the 1993 elec­ toral ro Us. In fact, after the Commission's 'clean­ up,' the 1994 electoral rolls appear even' dirtier' than before! Full report on page 32.

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