For Justice, Freedom & Solidarity

For Justice, Freedom & Solidarity PP3739/12/2008(007145) ISSN 0127 - 5127 RM4.00 2008:Vol.28No.8

Aliran Monthly : Vol.28(8) Page 1 COVER STORY People power shines through candlelight vigils Despite the harsh action of the police on 9 November, the struggle to abolish the ISA will continue by Anil Netto

t had been a night laced with drama in II Petaling Jaya as a stand-off ensued be- III tween the rakyat seeking electoral reforms and the repeal of the ISA, on the one hand, and police, who were in a mood to crack down.

After having been chased away from the field near Amcorp Mall, the site of their usual vigils, the participants then entered the mall and gathered in the lobby as riot police lined up facing the entrance, glaring menacingly at them. Some among the crowd then went ‘shopping’ until about 9.30pm. They later dispersed but others adjourned to the PJ Civic Cen- tre not far away for an impromptu gathering.

As they were singing the national anthem and about to disperse, riot police and plain-clothes officers marched into the crowd and arrested 23 people.

A few protesters complained they were roughed up or assaulted. “Two guys came over to grab one arm each and pushed me towards the Black Maria,’’ wrote MP Tony Pua in his blog. “I stated that I will walk, don’t be rough but they tore my shirt instead. I repeated my call and three other police officers came at me, one with the knees into my belly while another attempted to kick my shin.’’

“They then chucked me against the back of the Black Maria truck and shoved me up despite me stating that I can climb myself.’’

Authorities unnerved

Most Malaysians were shocked to hear of the police action on the night of Sunday, 9 November, and the arrests of concerned individuals who had turned

Aliran Monthly : Vol.28(8) Page 2 EDITOR'S NOTE

In our cover story, Anil Netto takes a close look at the ongoing candlelights vigils where ordinary CONTENTS rakyat have been coming out to express their desire for justice and reforms. The vigil on 9 November was broken up by police and 23 people were ar- COVER STORY rested. But that is unlikely to deter others from per- ••• People Power Shines Through sisting with the vigils. Candlelight Vigils 222 The horrors of the past should spur us on in the ••• Experiences Of Detention Without Trial 777 struggle. Johan Saravanamuttu revisits Operation ••• Operation Lalang Revisited 404040 Lalang and gives us a bit of the background to the mass ISA crackdown in 1987. One of the 106 detain- FEATURES ees then, Lim Chin Chin, shares her ordeal during ••• Let Right Be Done 999 her detention. ••• The BN / PR Challenge 131313 We also carry a nine-page spread on the legendary ••• A Wish List Too Far? 151515 Singapore freedom fighter J B Jeyaretnam, whose ••• JBJ - A Man Of Honour And Integrity 191919 passing is a huge loss for the struggle for justice and ••• Giving Voice To Those Unable freedom in this region. Tributes by Chee Soon Juan, Sinapan Samydorai and Philip Jeyaretnam recall To SpeakSpeakTo 212121 his spirit and will inspire a new generation to con- ••• JBJ - His Indomitable Spirit Lives On 242424 tinue with the struggle. ••• What A Fighter! 262626 ••• A City Without A Soul? 282828 The struggle for justice is closely tied to aspirations ••• The Helpless Remain Hunted for an independent judiciary. Ambiga Sreenevasan says it may be 20 years since the judicial crisis of Despite PR Election Gains 303030 1988 but it is never too late for right to be done and for the truth about that crisis to be told. REGULARS ••• Current Concerns 333333 K Haridas stresses us that if our politicians’ goal is to ensure justice for all, they must use their power to ••• LettersLettersLetters 363636 ensure that this objective is met. But, as Angeline Loh reminds us, AM pjustice must be made avail- OTHERSOTHERSOTHERS able not only to all Malaysians but also to migrant ••• Subscription Form 181818 workers and refugees. Similarly, Yogeswaran Subramaniam urges us to discard our “charity” attitude towards indigenous peoples and grant them Published by real social justice and equality. Persatuan Aliran Kesedaran Negara (ALIRAN)(ALIRAN)(ALIRAN) On a different note, Gwynn Jenkin urges planners 103, Medan Penaga, 11600 Jelutong, in George Town to preserve the inner city community life, which is the soul of the city. Penang, Malaysia. Tel: (04) 658 5251 Fax: (04) 658 5197 Email (Letters to Editor): ALIRANALIRANALIRAN is a Reform Movement dedicated to Justice, Freedom & Solidarity and listed on the [email protected] roster of the Economic and Social Council of the Email (General): [email protected] United Nations. Founded in 1977, Aliran welcomes Homepage : http://www.aliran.com all Malaysians above 21 to be members. Contact the Hon. Secretary or visit our webpage. Printed by Konway Industries Sdn. Bhd. Plot 78, Lebuhraya Kampung Jawa, 11900 Bayan Lepas, Penang

Aliran Monthly : Vol.28(8) Page 3 up to show their opposition to the That anniversary, coupled with dents in Ipoh (Sundays) and ISA. During previous vigils, a the presence of Malaysia Today Seremban (Fridays) joined in with Selangor state government repre- news-portal manager Raja Petra weekly vigils of their own. And sentative had assured the crowd Kamarudin, the last of the three Penang is set to resume its vigil that they could use the field with- ISA detainees arrested in Septem- on 15 Nov. The perseverance and out any fear of action. ber, could have unnerved the au- persistence of the crowds must thorities. Raja Petra’s articles on have surprised everyone, includ- Who were these 23 people the au- scandals in the corridors of power ing the participants themselves. thorities felt compelled to arrest: have attracted a huge following – they included three elected repre- but they have also landed him in Each of these vigils typically sentatives, a town councillor, me- hot soup. But on 7 November, a draws 150 to 300 people. Hold- dia personnel, lawyers, activists brave High Court judge, in a rare ing lighted candles and clad in and a Catholic priest. All of them, decision against the Home Abolish ISA T-shirts, they listen except for one who was wanted Minister’s power to detain anyone to speeches and poems, sing (and for a different case, were released under the ISA, surprisingly freed sometimes croak!) rousing songs the next morning and will have to him from the Kamunting deten- of freedom and justice, and sign wait and see if the authorities will tion camp, much to the delight of petitions. They don badges and press charges. civil society activists. quickly establish a remarkable camaraderie with like-minded The show of force by the riot po- Persistent vigils strangers at the vigil. It’s a bond- lice came like a bolt out of the blue. ing of the human spirit and for an For several weeks before that, The Abolish ISA candlelight vig- hour or so, barriers of class, peaceful vigils against the ISA ils began in September, following ethnicity, and religion are lifted. had passed without any unto- the ISA arrests of Raja Petra, Tan Afterwards, eye-witnesses post ward incident when police stood Hoon Cheng and Teresa Kok. pictures and accounts of these vig- at the sidelines and observed, ils on blogs and websites, reach- while snapping pictures and film- An immediate public outcry led ing a larger audience. ing. to the prompt release of Hoon Cheng. The public outcry was fol- It is interesting to observe the pro- Against a storm of criticism, po- lowed by six consecutive Friday file of the crowd. Many are lice have defended their action. night candlelight vigils in Penang. middle-class urbanites who bring “We don’t take sides. Even if an As those weekly vigils drew to a friends and family members along NGO, or even government parties close, weekly Sunday vigils began – partners, children and parents - were to organise such a gathering in Petaling Jaya. Instead of the vig- a couple of them are even Datuks. without permit, we would have ils gradually fizzling out, resi- Some of them may be regulars at acted in the same way,” Selangor state chief police officer Khalid Abu Bakar was reported as saying.

The 9 November vigil in Petaling Jaya was joined by civil society activists belonging to the Bersih coalition, which is lobbying for electoral reforms and free and fair elections in Malaysia. The vigil fell on the eve of the first anniversary of the huge Bersih protest rally on the streets of Kuala Lumpur last November, which drew about 40,000 people.

Aliran Monthly : Vol.28(8) Page 4 the vigils, but others are new faces ists. One of the key activists of the self-interest. and even youths. They know they GMI Family Support Group is the are taking a risk of sorts by stick- courageous Norlaila Othman, the We too should be careful to dis- ing their necks out, but they find wife of ISA detainee Mat Sah tinguish between real patriotism strength and solidarity in num- Mohd Satray, who has been de- - the real love for the land and the bers. You have to be there to feel tained without trial since 18 April thirst for justice among its inhab- the ‘spirit’ - the sense of being part 2002, more than six years. Pas has itants - and the false patriotism of of a larger family, a Bangsa Ma- also played an important role in scoundrels looking out for their laysia in the making. It’s inspir- reaching out to the Malays about own self-interest. ing to see ordinary people stand- the evils of the ISA. ing up to reclaim their rights, The vigils have had some impact. peacefully, non-violently and per- Real patriotism All three ISA detainees held in sistently. September have now been re- Significantly, when confronted by leased. But another 65 detainees, Several churches too have shed riot police around them on 9 No- many of whom are alleged to have their inhibitions and held special vember, the crowd found inspira- links to regional terror groups – services and vigils of their own for tion and solace in singing the na- as yet unproven in a court of law the release of ISA detainees and tional anthem. In a sense, they – remain held without trial, sev- the repeal of the ISA. The main were pointing to a new form of eral of them for close to seven church of the northern region, the patriotism - founded on the ide- years. Cathedral of the Holy Spirit in als of justice, freedom, and sister/ Penang, held a special service, brotherhood that cut across barri- Turbulence in Umno celebrated by about half a dozen ers, rather than the sort of shal- priests and attended by 800 low patriotism that British author The drama on 9 November came people. Samuel Johnson once described. at a time when Umno and other Barisan Nasional component By no stretch of the imagination, Boswell writing in 1775 had this parties are going through an un- however, can it be said that the to say: certain leadership transition pe- campaign against the ISA is Patriotism having become one of our riod after the 8 March general elec- largely a non-Malay/non-Mus- topicks, Johnson suddenly uttered, in tion saw them lose considerable lim dominated movement. The a strong determined tone, an apoph- ground to the opposition. Fac- Abolish ISA Movement (GMI), thegm, at which many will start: “Pa- tional struggles are causing tur- which comprises over 80 civil so- triotism is the last refuge of a scoun- bulence in several parties espe- ciety groups, is spearheaded and drel.” But let it be considered, that he cially Umno, ahead of an intensely coordinated by Jamaah Islah Ma- did not mean a real and generous love fought campaign for party elec- laysia, an Islamic reform group. of our country, but that pretended tions scheduled for March. The coordinators consult and en- patriotism which so many, in all ages gage with a range of NGO activ- and countries, have made a cloak of Although Prime Minister

Aliran Monthly : Vol.28(8) Page 5 Abdullah Badawi has effectively handed over the Umno presi- dency without contest to his cur- Punched and dragged rent deputy Najib, critics claim the premier’s hand was forced after “I was arrested by police in front of MBPJ. Hit twice on the the BN’s dismal performance in face. The second punch hurt my lips and it’s bleeding, the general election. Three candi- also a few dates are now vying to be the next scratches on my Umno deputy president, taking face. The riot po- over from Najib. lice marched in to disperse the Mahathir’s son Mukhriz, mean- crowd without while, is staking a strong claim to any warning. become the party’s next Youth chief. In the midst of all this, the As elected rep, I party’s disciplinary committee went forward to has reportedly received 900 com- the first truck and plaints of money politics (a euphe- would like to access the situation. I was scolded off in a mism for vote-buying) while fac- very rude way and was chased away by them. I repeatedly tional disputes in party divisions told them that I have led to some bitterness. Even merely wanted to chairs have started flying on the know who were deck, as the Umno ship rolls from arrested. I was side to side. scolded off again and I told the With the return of some of the plain-clothes (po- Mahathir-inspired old guard, liceman) to be po- many fear that a return to the lite. Then I was strong-arm methods and intoler- dragged into the ance for dissent could be on the truck while cards. The police action on Sun- punched twice on my face. The police officers applied some day may deter a few from partici- yellow lotion on my wounds to avoid the bleeding. pating in future vigils, but others are vowing to continue campaign- I managed to recognise the plain-clothes (policeman) who ing for the release of all ISA de- beat me. I will lodge a police tainees and the repeal of the law. report against the injuries. Ronnie and I saw him in the Malaysians now have to choose police station just now and between fear and truth. We may Ronnie went forward to ‘in- not live to see the results of our terrogate’ him, asking him struggle but that should not con- about his name. He refused cern us. We must act in the knowl- to give but thank God I can edge that injustice, violence and recognise him...” hatred in all its manifestations cannot prevail over compassion source: wengsan.blogspot.com and justice. Armed with the knowledge that our cause is just, we can be confident that the ISA will one day be repealed and all detainees released, as sure as day followsq night. It’s just a matter of time.

Aliran Monthly : Vol.28(8) Page 6 DETENTION WITHOUT TRIAL

Behind locked doors: Experiences of detention without trial

They stripped me of everything, starting with my own clothing, and my rights as a human being by Lim Chin Chin

I tossed and turned upon the wooden board, unable to close an eyelid. I became aware that torture in prison is not inflicted by means of the bars, or the walls, or the stinging insects, or hunger or thirst or insults or beating. Prison is doubt. And doubt is the most certain of tortures. - Nawal el Saádawi Memoirs from the Women’s Prison

he above quote by Nawal meet with my family, or allowed TT el Saádawi has captured my Bible or any other reading ma- TTT very succinctly the terials. In fact, to claim that I had power and terror of the any possessions or rights then Internal Security Act (ISA). My would have been absurd. even the reason for my arrest and own experience testifies to the detention and what was to hap- truth of it. They stripped me of everything, pen to me. starting with my own clothing, I had just been brought back to my and my rights as a human being; Keeping us uninformed and igno- cell after a gruelling interrogation they even stripped me of my dig- rant was a deliberate strategy on session where I was shouted and nity and self respect. I was hu- their part to control us and to break screamed at, verball abused, and miliated as I have never been be- our spirits. Again Nawal el threatened with two weeks total fore. I had to ask for everything I Sa’adawi very aptly when she solitary confinement in a com- needed, which they doled out as wrote, “Knowledge, no matter pletely dark cell, among other privileges according to their what it reveals, is less painful than things. It was the first two weeks whims and fancies. In addition, I ignorance ... Ignorance is like after my arrests — one of the dark- was kept totally in the dark about death, or rather it really is death ... est and most terrifying days of my everything — my family, my Ignorance is fear. Nothing terri- life, and before I was allowed to friends, the going-ons outside, fies a person except ignorance.

Aliran Monthly : Vol.28(8) Page 7 He even told me that we written words I was allowed tfor were going to be good more than a month. I treasured friends. them. I read the cards at all times of the day and night. I read them Could it have been a genu- until I could recite them back- ine smile? Or was I wards. Still, I read them. They sketching the smile onto carried words of solace, consola- his face? Or do police of- tion and strength. They were my ficers have this ability to link with sanity and the outside smile as they lead one to world. They held my world in the noose? This is the ef- there together. fect of their well known strategy of alternating At a time like this, it is crucial also hard approaches with soft to have inner resources to turn to. talk to confuse and win us I recall an inspirational card sent over. However, I kept my by a friend: “When there is no way sanity by talking to God, out, let God in.” Something so ob- by praying the familiar vious, yet not so easily done even prayers of the rosary more in detention. than a dozen times a day. I argued and cajoled with I still find it difficult to write about AM vol.7(12) page 6 God and even tried to my detention experience as a strike a bargain with Her. whole. Narrating the details of Like Nawal, I experienced the I tried to mouth Jesus’s prayer in what happened is less painful, but strangest ignorance in my life dur- the “Garden of Gethsemany” but to be able to put the experiences ing detention. Not only was I kept all the time willing God to release in perspective and draw insights in the dark, but I was also physi- me. require internalisation which I cally blindfolded everywhere I have not been able to do just yet. I went. It was like being blind, as if I thought lovingly of my family hope that you will be able to read they had thrown a thick black and what hell they would be go- what I have shared above with blanket over my life shutting out ing through. I thought of my mar- this understanding. q the light and path so that I would ried life, started some three not know where I was going, or months prior to my arrest, but now what would happen to me. It was shattered by this forced and cruel Lim Chin Chin was arrested most frightening. I was not able separation. I drew strength from under the ISA on the night to analyse it so clearly then, but I the knowledge that my friends of 27 October 1987 and re- felt the fear and terror no less. would not abandon me. I was not leased 7 months later on 3 disappointed. Messages after June 1988. At the time of I remember having to exert pres- messages arrived bringing fuel for her arrest she was involved sure on my eyelids to keep them the flickering hope burning in the Women's Develop- open not so much out of exhaus- within me. I felt able to persevere ment Collective (WDC) and tion, but to assure myself that I because others were able to over- All Women's Action Society was not having a nightmare. But come the climate of fear. With (AWAM). This sharing I only had to look at my blue prison God’s help and with support from about her 60 days in soli- uniform and the bareness of my family and friends, I resolved to tary confinement was writ- windowless cell to convince my- live up to the struggle of the people ten shortly after her release. self that it was actually happen- outside. The passion of Jesus ing. In the midst of all this I was Christ never felt more real. This article was written brought before an officer who soon after Lim Chin Chin's smiled at me for the first time, and I remember the first few cards I release.release.release. did not threaten or shout at me. received. They were the first few

Aliran Monthly : Vol.28(8) Page 8 JUDICIAL CRISIS 1988 Let Right Be Done

It is never too late for right to be done and for the truth to be told by Dato’ Ambiga Sreenevasan

o much is said about jus- SSS tice, truth, and the Rule SS of Law. Today, distin- guished guests, ladies and gentlemen, these words come alive.

An English play entitled “The Winslow Boy” by Terence Rattigan tells of a 13-year old boy in the early 1900s, wrongly ex- pelled from the Royal Naval Col- lege for allegedly stealing a postal order from a fellow cadet. The Col- lege refused to review its decision. The boy’s only hope was to set forth his request for an open trial in a “Petition of Right” which was presented to the King. King Ed- ward VII signed the boy’s “Peti- tion of Right” in May 1909, writing the immortal words: “Let Right Be Done”. A few days into the trial it was accepted that the boy was innocent and the family Panel of Eminent Persons was paid compensation.

Powerful words, “Let Right Be Done”. This is why Mr. Yeo Yang Poh, the immediate past President of the Malaysian Bar, called upon Hon. Mr Justice (Rtd) Hon. Mr Justice (Rtd) Dr. Ms Asma Jahangir the Government in 2006 to review JS VermaVermaJS Fakjruddin G. Ebrahim the 1988 Judicial Crisis. He said: It is, quite simply, a question of seeking the truth. Are we not interested in the truth? Can we afford not to be? Is the Malaysian society not entitled to the truth? Tan Sri Dato' Dr. Abdul Dr. Gordon Hughes Dato' W.S.W (Bill) He also said: This is absolutely Aziz Abdul Rahman DavidsonDavidsonDavidson

Aliran Monthly : Vol.28(8) Page 9 crucial, not just for those judges must know that and others who have suffered at we do not speak the unseen hands of the perver- for ourselves, but sion of justice. This is equally im- for those who are portant for the institution of the vulnerable and Judiciary, and indeed for the na- weak and whose tion as a whole. History requires voices are not loud the truth, and society demands enough to be what is just. heard. We gain nothing for our- “Let Right Be Done”. This is why selves personally when we were rebuffed, we pro- in being so forthright and we act move forward. However, we be- ceeded, with three respected only in what we believe to be in lieve that a process of truth and organisations, to appoint a Panel the public interest. The Bar is a reconciliation is critical before we of Eminent Persons to review the truly Malaysian organisation can move forward, as the injus- findings of the two tribunals. The pursuing the Malaysian dream of tices committed in 1988 cannot be process commenced in September a just society. left unresolved and unacknowl- last year. edged in our history. We believe Recently the Bar has been at the that this is an essential first step ”Let Right Be Done”. This is why forefront of fighting for judicial in the process of judicial reform. we are here today. reform. Our Walk for Justice, our active participation in the Royal The purpose of this review must It may have taken 20 years but it Commission into the videoclip therefore be made clear. We need is never too late for right to be done incident, our push for the Judicial to learn valuable lessons in order and for the truth to be told. Appointments Commission, our that history does not repeat itself. setting up of the Panel of Eminent As George Santayana once said, The Bar Persons, all point to our absolute “Those who ignore history are did not waver commitment to the Rule of Law doomed to repeat it.” We seek no and the Independence of the Judi- punishment. We seek a correction The Bar has been steadfast in its ciary. of the record that now stands support of the Judges whom we against these innocent Judges. We knew had suffered a gross injus- On the 17th of April 2008, the seek closure for these respected tice in 1988. Not once did the Bar Government had acknowledged Judges. We seek closure for our waver despite the attempts made the wrongdoing to the Judges af- nation. by certain quarters to persuade the fected by the 1988 Judicial Crisis Bar to soften our stand against by giving them or their families ex- We would further like to state for those who helped perpetrate the gratia payments. Although this the record that although three injustices. Even these attempts may have gone a long way to- Judges were ultimately dismissed, were resoundingly defeated by the wards compensating these Judges six Judges suffered in all. Six members of the Bar. for their pain and suffering, it Judges were suspended. The three nevertheless left the record against who were ultimately reinstated And that is the Bar for you. We them untouched. Thus the work suffered during their suspension have been called many names be- of the Panel, which had already and even when they were rein- fore – pro-opposition, anti-govern- commenced the previous year, stated. They were never given due ment, pro-government and re- took on greater significance. recognition for their flawless years cently other names. But our his- of service on the Bench. Some were tory and our conduct will show We seek closure potential Lords President or Chief that only one label truly describes Justices but these positions eluded us, and that is that the Bar is “pro- There are many who take the view them. Needless to say, the Judges justice”. What we are “anti” is that the events of 1988 should be who were removed paid a heavy “injustice”. Those who criticise us left in the past and that we should price for acting in accordance

Aliran Monthly : Vol.28(8) Page 10 with their consciences. These chance to defend themselves. In- 23. Mat Tarmizi bin Zakaria Judges acted with courage in up- carcerating them without a trial 24. Mohd Arasad Patangari holding the Rule of Law in the is a tremendous disservice to the 25. Adzmi Pindalun face of much adversity. Rule of Law. 26. Idris Bin Lanama 27. Ahamad Ghafar Shahril The Judges who were suspended I will give you some facts :- 28. Jeknal Adil and dismissed are Tun Dato’ Haji 29. Binsali Omar Mohamed Salleh Bin Abas, the There are currently 66 detainees 30. A Artas Bin A Burhanuddin late Tan Sri Wan Suleiman Bin held under the ISA in Kamunting, 31. Mohd Nasri Bin Dollah Pawan Teh and Datuk George Ed- many of whom are foreigners. 32. Francis Indanan ward Seah. 33. Husin Bin Alih A. Those detained for more than 34. Yusoff Bin Mohd Salam The Judges who were suspended 6 yearsyears6 35. Abdul Jamal Bin Azahari but reinstated are the late Tan Sri Eusoffe Abdoolcader, Tan Sri Wan 1. Yazid bin Suffat F. Those detained within the last Hamzah and Tan Sri Azmi 2. Suhaimi bin Mokhtar two yearsyearstwo Kamaruddin. 3. Abdullah bin Daud 36. Pakana Bin Selama 4. Mat Sah bin Mohd Satray 37. Shaykinar Bin Guat We, the members of the Bar, sa- 5. Shamsuddin bin Sulaiman 38. Argadi Bin Andoyok lute them. 39. Kasem Dayama B. Those detained for more than 40. Ng How Chuan@John Report sets 5 yearsyears5 41. Ng Keat Seng the record straight 42. Mohd Azuan Bin Ariffin 6. Abdul Murad bin Sudin 43. Mohd Faizol Bin Shamsudin This report is of tremendous value 7. Zaini bin Zakaria 44. Zulkifli Bin Abu Bakar to us today and for the future. Not 8. Zainun Rasyhid 45. Amir Hussain only does it set the record straight, 9. Wan Amin bin Wan Hamat 46. Mohd Amir Bin Mohd its value also lies as a testament 10. Sulaiman bin Suramin Hanafiah to the fact that unjust decisions 47. Zulkifli Bin Marzuki are always open to scrutiny and C. Those detained for more than 48. Ahmad Kamil Bin Mohd those in power will forever remain 4 yearsyears4 Hanafiah accountable for their actions. Most 49. Mohd Nasir Bin importantly its value lies in its re- 11. Zakaria bin Samad Ismail@Hassan minder to all that such despicable 12. Ahmad Zakaria 50. Tan Choon Chin acts must never be allowed to hap- 13. Terhamid bin Dahalan 51. Mavalavan a/l pen again. 14. Mohd Khider bin Kadran Muthuramalingam 15. Sufian bin Salih 52. Sanjeev Kumar a/l Khrishnan And now I will digress a little. I 16. Hasim bin Talib 53. Lian Kok Heng hope you will forgive me for do- 54. Sundaraj Vijay ing so. D. Those detained for more than 55. San Khaing 3 yearsyears3 56. P. Uthayakumar We are here to celebrate justice, (member of the Bar) truth and the Rule of Law. In that 17. Abd Rahman Bin Ahmad 57. M. Manoharan s/o Mala- celebration we must not forget 18. Lai Kin Choy yalam (member of the Bar) those who suffer as a result of a 19. Lai Kee Yew 58. R. Kenghadharan s/o Rama- violation of these sacred ideals. 20. Mahfudl Saifuddin samy (member of the Bar) 21. Mulyadi 59. V. Ganabati Rao s/o Veraman I am speaking of those presently 22. Ariffin (member of the Bar) held under the dreaded ISA. We 60. T. Vasanthakumar s/o say, charge them in court for the E. Those detained for more than Khrishnan alleged offences and give them a 2 yearsyears2 61. Shadul Islam

Aliran Monthly : Vol.28(8) Page 11 62. Abdul Sathar Mohammad Persons for its tireless efforts in Fernando Sarjoon producing this historic report be- 63. Faycal Mamdouh fore August this year, in time for In addition, I wish to recognise the 64. Mahamad Nakhrakhel the 20th anniversary of Tun principal office bearers of the Bar 65. Muhammad Shuaib Hazrat Salleh Abas’s dismissal. Council for the relevant period Bilal from 1987 to 1989: 66. Muhammad Zahid Haji Zahir I must also make mention and ac- • Dato’ Param Cumaraswamy Shah knowledge the contributions of • Dato’ Dr. Peter Mooney my committee and all those who • Mr. Jagjit Singh These are not just names. These have helped to make this happen. • Mr. Mura Raju are real people with real families They are :- • En. Raja Aziz Addruse whose lives have been thrown • Mr. S. Theivanthiran into turmoil. We call for their im- • Christopher Leong • Mr. Manjeet Singh Dhillon mediate release. I have only read • Ranjit Singh out the names of those held under • Razlan Hadri Zulkifli I understand that this report is the ISA. We cannot forget the more • Syahrul Bahriah Jamaludin possibly the first of its kind ever than a thousand others held un- • Conrad Young to be written. I wish to thank the der other preventive detention • Puteri Shehnaz participating organisations – In- laws. • R.R. Chelvarajah ternational Bar Association’s • Rajen Devaraj Human Rights Institute repre- And now back to the report of the • Mohd Rezib Mohamed sented by Tuan Haji Sulaiman Panel of Eminent Persons. The • Sivaneindiren s/o Abdullah; LAWASIA, repre- Panel comprised: The Hon’ble Mr. Selvanandam sented by Mr Mah Weng Kwai, Justice (Retd.) J.S.Verma, former • Andrew Khoo the President; and Transparency Chief Justice of India, who • Shamala Devi Balasundaram International-Malaysia, repre- chaired the Panel; The Hon’ble • Mahaletchumi Balakrishnan sented by Richard Yeoh and to- Mr. Justice (Retd.) Fakhruddin G. • and all the members of the Bar day by its President, Tan Sri Ebrahim, former Judge of the Su- Council. Ramon Navaratnam – for sharing preme Court of Pakistan; Dr. Ms. our vision and ideals. They did Asma Jahangir, an advocate of the I would also like to acknowledge not hesitate for one moment when Supreme Court of Pakistan and the efforts of the legal team for the we invited them to participate. We the UN Special Rapporteur on Judges in 1988: are all proud to be associated with Freedom of Religion or Belief; Tan • En. Raja Aziz Addruse this endeavour. Sri Dato’ Dr. Abdul Aziz bin • Dato Dr. Cyrus Das Abdul Rahman, a senior legal • Mr. P. Royan I wish to end by saying that, for practitioner from Malaysia; Dr. • Mr. Varghese George all those who have faced injus- Gordon Hughes, a senior legal • Mr. Tommy Thomas tices and continue to face injus- practitioner from Australia and • Mr. Darryl Goon Siew Chye tices, “Let Right Be Done”. former LAWASIA President; and • En. Zainur Zakaria Dato’ Bill Davidson, a senior le- • Mr. Wong Chong Wah With that, I am delighted to launch gal practitioner from Malaysia. • Mr. Vinayak P Pradhan the “Report of the Panel of Emi- • Mr. Philip Koh Tong Ngee nent Persons to Review the 1988 It was critical that the persons • Dato’ R R Sethu Judicial Crisis in Malaysia”. q chosen to sit on the panel are re- • Mr. Robert Lazar spected, independent persons of • Dato’ Ghazi bin Ishak the highest integrity. The back- • Dato’ Cecil Abraham Dato’ Ambiga Sreene- grounds of the members of this • Mr. Walter Wilfred Abraham vasan is President of the Panel speak for themselves. The • Dato’ Loh Siew Cheang Malaysian Bar. The above report speaks for their high intel- • En. Mohamad Ariff Bin Mohd speech was delivered on 29 lectual ability and integrity. We Yusof August 2008 at the launch commend this Panel of Eminent • The late Mr. Christopher of the Report.

Aliran Monthly : Vol.28(8) Page 12 POLITICS The BN/PR challenge If our politicians’ goal is to ensure justice for all, then they must use power to ensure that this objective is met in the interests of all Malaysians irrespective of ethnicity by K Haridas

any Malaysians who voted for the Barisan Nasional (BN) are today disillusioned. MMM They did not vote for Umno, MCA, MIC, Gerakan, PPP or any of the other BN component parties. When they voted they put their “X” mark for the BN. But after decades of hoping that things would be different, what we get is more of the same.

Take the case of the appointment of the Chief Justice of Malaysia. This is a decision of Umno, not of the BN. Even when the ISA is exercised, this appears to be a decision coming out of Umno and not of the BN. There is very little discussion and agreement among the component parties. Unless this trend is arrested, many are going to be further disillusioned.

Umno may be the first amongst equals within the coalition and no one begrudges this position, but this cannot be at the expense of the coalition’s hopes and expectations. It is time that the BN becomes the party of identification, decision making with the constituent parties contribut- ing to all aspects relating to the policy formulation and decisions.

Does BN represent the future?

Some are even claiming that a fraud has been committed on the electorate who have been regu- larly voting for the BN but have not had their views adequately represented. In reality, it is the constituent parties that are bigger than what the BN represents.

Aliran Monthly : Vol.28(8) Page 13 Many constituent parties within will sustain the past. Who are That is why the Pakatan Rakyat the BN are now speaking of re-in- those who are willing and brave (PR) is an alternative. Only when venting themselves. Some are talk- enough to embrace the future? We the BN goes into oblivion will they ing about re-branding. cannot have 21st century prob- sit down and discuss the realities lems being perceived by 20th cen- for change. This is not to say that Such attempts will not make a dif- tury mindsets as Obama so rightly the PR is a better alternative but ference unless the overall struc- emphasises in his campaign. The the fact remains that their expres- ture and ethos within the BN is same is also true for Malaysia. sions are resonating more with enhanced. Many vote for the BN There is a dynamic at work and it Malaysians of all ethnic back- and as such they want the BN is those politicians and political grounds. representatives to have policy in- parties who are able to sense this put in all areas from the Environ- and drive this forward who will The BN of the 1970s has to rein- ment to Trade from Home Affairs shape the future of this country. vent itself. Change is needed at to Foreign Affairs. All the re-in- this level and not at the constitu- venting and re-branding at the ent party levels. BN should in- Can the BN constituent party levels can be creasingly be the party of policy akin to putting perfume on cow reinvent itself? and representation. For this to dung. When the smell of the per- take place, all the constituent par- fume evaporates, what remains We have to move beyond ethnicity. ties will have to sacrifice for the will yet be the cow dung! Our nation is rich enough to meet larger good. This is akin to indi- the needs of all but not the greed viduals of all ethnic backgrounds What the last general elections of any community. Unless we pull who have to rise up to become early this year and the ‘Permatang together in the same direction, in Malaysians. Puah’ verdict recently highlight is the same boat, we are not going to that there has been a shift in move forward or progress. The While change is constant, growth mindset amongst people of all eth- other strategy is to paint your is an option and it is those who nic backgrounds. Consider the cabin at the expense of the ship exercise this option for growth analogy of two shops selling pho- and this is a recipe for disaster. who will sense the future and tographic materials. One sells the There may be short term gains but contribute to the creation of struc- traditional films and cameras of this will be in the context of the tures and systems critical for the high quality. The other is a digital terminal illness that will ulti- future of this multi-ethnic nation. shop that has the latest cameras, mately consume those who propa- In the Rukunegara and Vision computers and the latest produc- gate exclusive ethnic tendencies. 2020, we have the templates but tion methods. these will have to be more than I am not a supporter of Hindraf, just slogans. These ideas will have However much the first shop in- yet, any politician worth his salt to guide our political structures as vests in marketing and sales, pro- would clearly say that by banning well as our institutions as we motions and gifts they represent this movement, you alienate a shape these to meet the needs of the past. Many of the enlightened good segment of a Malaysian com- the future. customers today will respond to munity. At a time when the strat- the technology of the future. No egy should be to win friends and In the final analysis, if our politi- amount of investment and re- to neutralise issues, our politicians are engrossed with power branding of the first shop will in- cians are blind to the feelings on then they will continue to ma- sure the shop from the changes the ground. This is the state of the nipulate the people. But if their that technology brings. If they do BN mindset. Those who express aim and goal is to ensure justice not embrace the change they will their views from within the BN are for all, then they will use power to end up in the garbage heap of the also ignored. ensure that this objective is met to past. It is the same with ideas and serve the interests of all Malay- vision. In the end, Umno is going to de- sians irrespective of ethnicity. Can stroy the BN framework for there the BN reinvent itself? It is good People are interested in the future. are no leaders within Umno who that we have the Pakatan Rakyat No amount of the same slogans understand that change is needed. to challenge them. q

Aliran Monthly : Vol.28(8) Page 14 INDIGENOUS MINORITY RIGHTS A wish list too far? The current attitude of ‘charity’ or ‘welfare’ towards indigenous rights should be discarded in favour of social justice, equality and reconciliation for past injustices by Yogeswaran Subramaniam

interest organisations that advocate indigenous rights, an issue concerning all 4 million Indigenous Peoples in Malaysia (15 per cent of the total popula- tion of Malaysia). Regrettably, many in this community are among the poorest in Malaysia, a mani- festation of their marginalisation and disenfran- chisement from mainstream society. More than 50 per cent of the Orang Asli, for example, live below the poverty line in this day and age when poverty levels in Malaysia are well below 3 per cent.

The indigenous position

Citing provisions of the Federal Constitution relating to fundamental liberties and the Yang Dipertuan he latest episode in the long-drawn struggle Agung’s powers and responsibilities to safeguard TTT for indigenous minority rights in Malay- the interests of the native peoples of Sabah and TT sia took an unfortunate but all too familiar Sarawak and the UNDRIP, the memorandum puts turn on 13 September 2008 when members forward the position and requests of Indigenous of the Polis Di Raja Malaysia threatened and pre- Peoples with regard to their rights to self-determi- vented over 100 Indigenous People (Orang Asli from nation, customary lands, freedom of religion and Peninsular Malaysia and native peoples from Sabah citizenship. and Sarawak) from walking to the Royal Palace to present a memorandum to the Yang DiPertuan The UNDRIP, although not legally binding, was Agung. voted for twice by Malaysia at the United Nations Human Rights Council and General Assembly level The memorandum, a culmination of comprehensive before its adoption one year ago on 13 September research on policies and laws affecting Indigenous 2007. More specifically, paragraph 24 of the pre- Peoples done under the auspices of the Indigenous amble to the UNDRIP declares it as ‘a standard of Peoples Network of Malaysia (or Jaringan Orang Asal achievement to be pursued in a spirit of partnership SeMalaysia, JOAS), in essence requests the Malaysian and mutual respect’. It follows that Malaysia’s re- government to recognise the rights due to them in sounding thumbs-up to the UNDRIP creates an ob- accordance with the Federal Constitution and the stan- vious moral duty for the Malaysian Government to dards contained in the recent United Nations Decla- undertake appropriate measures to achieve the ends ration on Indigenous Peoples 2007 (UNDRIP). of the UNDRIP.

The JOAS is an umbrella network of 21 indigenous In respect of the right to self-determination to freely

Aliran Monthly : Vol.28(8) Page 15 pursue their economic, social, Articles 32 and 10 of the spiritual and cultural develop- UNDRIP provide for free prior ment as contained in articles 3 and informed consent before and 12 of the UNDRIP, the the resettlement of Indigenous memorandum states that indig- communities and the prohibi- enous minorities face pres- tion of forced removal from their sured assimilation into main- lands. The memorandum con- stream society. The existing tends direct violation of these 1961 Policy on the Administra- provisions and cites, amongst tion of Orang Asli (‘the 1961 others, the loss of 7,000 hect- Policy) is explicit in its objec- ares of Orang Asli reserve land tive of ultimately integrating the in Selangor through de-gazet- Orang Asli into mainstream ting without their knowledge Malay society. To the average and the recent Kelau dam Malaysian, opposition to this project, where government policy may be seen to be anti- agents intentionally misrepre- development but this is, with sented Orang Asli in order to respect, an ignorant miscon- carry out forced resettlement. ception. International standards aside, paragraph 10). Consequently, ar- these actions appear to contradict Indigenous Peoples throughout ticle 26 of the UNDRIP provides the government’s very own 1961 the world, including Malaysia for States to give recognition to the Policy that provides for Orang Asli want development as much as the traditional lands of Indigenous not to be ‘moved from traditional next person but on their own communities. areas without their full consent’! terms. Losing their identity as a price for ‘development’ is conse- In line with international juris- In contravention of article 20 of the quently non-negotiable. The prudence and Malaysian laws, UNDRIP that gives Indigenous choice whether to change one’s the courts in Malaysia have also Peoples the right to maintain and identity is individual and should recognised customary rights of develop political, economic and not be pushed by any form of gov- Indigenous minority communities social systems or institutions, the ernment policy. Such policy is to their traditional lands. But the government is said to be increas- surely not in the spirit of ‘mutual response of the Federal Govern- ingly interfering in indigenous respect’ as it presupposes that one ment to this recognition has not traditional systems, especially the culture is superior to the other. The been too far short of hostile (see selection and appointment of cus- golden rule that is contained in ‘Payback Time’, Aliran Monthly tomary leaders. For example, the just about all religious teaching (2007) vol 27 no 6). Instead of Guidelines for the Appointment of states ‘do unto others as you implementing laws and policies Orang Asli Headmen dictates that would have them do unto you’. to give effect to these rights, every the government has the final say Would the rest of us Malaysians customary land rights claim or in who becomes the community wholeheartedly agree to lose our appeal is contested with renewed head. This outdated paternalistic respective identities in exchange vigour. The recent move by the approach firstly, assumes that for perceived ‘development’? newly elected Selangor State gov- Orang Asli are not competent ernment (not the Federal Govern- enough to select their own com- The United Nations has ment) to attempt to settle the land- munal leaders and secondly, can recognised that control over their mark Sagong case outside court be used as a method to control the lands is an enabler for Indigenous (see ‘Light at the End of the Tun- Orang Asli. communities to maintain their in- nel?’, Aliran Monthly (2008) vol 28 stitutions, cultures and traditions no 6) is a positive sign but it is too The memorandum also appears to and promote their development in early to tell whether the aspira- attack the open Islamisation accordance with their aspirations tions of the Indigenous commu- policy observed by the Govern- and needs (UNDRIP preamble nity will come to fruition. ment since the early 1980s in Pen-

Aliran Monthly : Vol.28(8) Page 16 insular Malaysia contending that and the formation of an Indig- gain their rightful place in Malay- Indigenous Peoples should be free enous Peoples Council con- sian society. For a nation that to choose any religion they wish sisting of Indigenous Peoples. prides itself on being multi-racial, to profess as guaranteed under In this respect, a call was also multi-cultural and ‘tolerant’, the Article 11 of the Federal Constitu- made for the appointment of a contents of the memorandum pro- tion. Another issue raised in the special representative by the vide sad testimony to the rest of memorandum is the dispropor- Indigenous Peoples to repre- us Malaysians that, once again, tionate number of Indigenous sent their interests in the state all may not be what they seem. People not having proper docu- legislative assembly and Par- Current government laws and mentation. This disturbing revela- liament. policies with regard to Indigenous tion not only has the consequence • Tender an apology for all in- Peoples still contain a high degree of depriving these people of the justices and prejudices of control and paternalism and benefits of citizenship, but also throughout the history of Ma- seem light years behind the ide- affects all Malaysians as it calls laysia. als contained in the UNDRIP. As into question our national regis- • Institutionalise a legislative demonstrated in the memoran- tration system. mechanism that can end dis- dum, the implementation of these crimination against Indig- policies is no better. The demands under enous Peoples. the Memorandum • Improve the quality of educa- A change of mindset tion and health of Indigenous Accordingly, the memorandum Peoples. Hope, however, springs eternal. If demands the following: • Simplify the process of appli- the government were to ever find • Immediately halt the indis- cation for identification docu- the will to effectively implement criminate acquisition of indig- ments for Indigenous Peoples. the ‘demands’ in this memoran- enous customary lands and in- • Establish a Royal Commission dum, a change of mindset is not troduce an appropriate legal to investigate the issuance of only necessary for our government process for the restitution of identification documents and but Malaysian society as a whole. lands taken in such manner. citizenship including the sta- The current attitude of ‘charity’ or • Ensure that the acquisition of tus of ‘Bumiputera lain-lain’ ‘welfare’ towards indigenous customary lands adheres to by way of identity fraud and rights should be discarded in the principles of ‘Free Prior forgery. favour of values that hopefully and Informed Consent’ and • As per article 38 of the form part of our culture, namely, appropriate compensation (in- UNDRIP, repeal or amend any social justice, equality and recon- cluding land, crops, settle- law that violates the UNDRIP ciliation for past injustices (at ments in accordance with its or disrespects or fails to pro- least from Merdeka and the for- real value) as contained in ar- tect the Indigenous Peoples mation of Malaysia). Only then ticles 10, 28 and 32 of the such as the Aboriginal Peoples can there possibly exist the true UNDRIP. Demarcation of such Act 1954, Sarawak Land Code ‘spirit of partnership’ and ‘mu- lands should include full par- and Sabah Land Acquisition Or- tual respect’ in the recognition of ticipation of the Indigenous dinance. international indigenous minor- community involved. • As per article 38 and 42 of the ity rights in Malaysia. q • Ensure that courts prioritise UNDRIP, enact laws to customary land disputes and recognise and assure the rights provide legal aid for indig- of the Indigenous Peoples. Aliran member Yoges- enous claimants. waran Subramaniam is • Facilitate the administration It is unacceptable that Indigenous currently pursuing a doc- and governance of Indigenous minorities in Malaysia who are toral thesis in Orang Asli affairs by Indigenous Peoples afforded express special privi- land rights at the Faculty themselves. This can be leges and provisions for their well- of Law, University of New achieved by the abolition of the being and advancement under the South Wales, Sydney. Orang Asli Affairs Department Federal Constitution have still to

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Aliran Monthly : Vol.28(8) Page 18 TRIBUTE JBJ – A man of honour and integrity He embodied valour and virtue in fighting for a cause he believed in passionately

oday Singporeans will mind goes back 27 years ago to- TT bid farewell to an iconic wards the end of 1981, when he TTT symbol of a fighting won the Anson by-election. The spirit that had stood up Anson seat was vacated by C V for democracy and human rights, Devan Nair, who went on to be- paying every price that was ex- come President of Singapore. That tracted from him! history-making victory broke the stranglehold of the PAP on We were saddensed to learn of JB Singapore’s politics. Jeyaretnam’s demise in the early hours of Tuesday, 30 September When the results were announced 2008. JBJ, as he was fondly re- that night, a visibly emotional JBJ ferred to, succumbed to a heart hugged his son and whispered, attack bringing to an end a life that “We did it, son.” It was a poignant reflected an indomitable spirit moment that he would have very and a formidable fortitude that much wanted to share with his helped him to stay the course, wife, Margaret. But she passed away the previous year without He gave up what could have been being part of the victory - but she a successful career on the bench was very much part of his to enter the rough-and-tumble of struggle. Singapore’s political life with zeal and energy.. Right to the end he He was a consummate politician remained a fighter, a great war- who had to go through so many rior for democracy and human political hurdles during the many rights. He embodied valour and years when he waged a long and virtue in fighting for a cause he lonely battle against the PAP to believed in passionately. secure space for democracy and human rights. The mighty PAP He stood proudly and bravely gave him one hell of a struggle. with the ordinary people, cham- They bankrupted him with many pioning their cause and on many defamation suits which they won, occasions representing their inter- with hefty awards crippling him ests without payment. He was financially. there for them – all the time. He lost his property, he lost his The picture that remains in my legal practice, he lost his wealth.

Aliran Monthly : Vol.28(8) Page 19 But he never lost his sanity or his fighting spirit. That was the mea- sure of this great man. SUARA MEREKA, SUARA KITA

All he had was his unbending will and a determination to stand up for what he believed in. Any lesser man would have thrown in the towel – but not JBJ!

He peddled his party organ, The Hammer, and his books on street corners to raise funds to free himself from bankruptcy. Many, out of fear, avoided him on the streets. Even the bookshops dared not stock his books for sale. It was such a pity that he had to struggle Mereka, against all odds and all alone. Bukan Komunis Bukan ekstrimis We are happy that he finally Bukan rasis cleared himself from bankruptcy Mahupun teroris in July 2007 - in spite of strenuous Tapi seorang Pessimist opposition to block him - and died Tentang dasar kerajaan an honourable man. Tapi seorang realist Tentang hak kerakyatan When he launched his new party, the Reform Party, in July 2008, he Mereka bersuara demi keadilan remarked, “I’m not being dramatic Mencabar penindas serta penipuan but I haven’t got many more Pahlawan Negara, perjuangan merdeka years.” Little did he know that he Sehingga tanah tumpahnya darah mereka barely had three months of his life left! Kini di dalam perut keganasan Sendiri menanggung keseksaan In his concluding remarks, he Suara di Kamunting tak akan didengar urged the gathering,”Come, walk Selagi suara rakyat kembali bergegar with me, let us walk together... for peace, justice, truth... fearing no - Andrew Ng Yew Han one except God,”

We may not be able to walk with him but we can certainly walk in his path and keep his spirit alive.

Farewell, JBJ. May your great soul rest in peace.

P Ramakrishnan President 4 October 2008

Aliran Monthly : Vol.28(8) Page 20 TRIBUTE Giving voice to those unable to speak

His life carried a simple meaning for all of us: no matter who we are, we must do something, to make the world a better place. by Philip Jeyaretnam With permission from Philip

BJ Dies, Shockwaves, shopkeeper, whether the error not remember what precisely it Dow Plunges’. So read was discovered there and then or was for, but I imagine it was not ‘J‘J‘J Wednesday’s headlines sometime later. for some petty indiscipline but for in the Straits Times. For a stubborn adherence to a point once, they were spot on. Ben began school at the convent, of view that his teacher did not the only boy among the girls. I share. Dad was born on 5 January 1926, have sometimes wondered if this in Chenkanai, Jaffna, where his had anything to do with his life- In 1941, the family moved to Johor parents were on home leave from long charm - a debonair air that Bahru, shortly before the Japanese Muar, Malaya. His personal name he carried to the end. Invasion. As the Japanese Army given to him was Benjamin, and swarmed down the peninsula, the today for the first time I’ll call him Later he studied at Muar English family left town. One day, with the Ben. School, and last year when I drove Japanese in control, two British him to visit his old home in Muar soldiers turned up at their door- His mother doted on him, his fa- we stopped by at the school, step. Water and a little food was ther was a sterner, more remote fig- where the principal was de- all they could offer them, much ure, but ingrained in the young lighted to see the return of such to Ben’s regret. boy an unyielding honesty. Even an old, old boy. Ben recounted a single cent mistakenly given in how once he had to stand on his During the occupation, Ben change had to be returned to the desk four days in a row – he could worked as a translator for the

Aliran Monthly : Vol.28(8) Page 21 Transport Department. preme Court and then One day, following a First District Judge. His theft, he was called in thoughts however were for questioning by the turning toward a more Kempeitai, who were active role in society. In investigating. 1962 in a speech at a YMCA luncheon, he said While he was not a sus- ‘It is not enough to go to pect, the experience felt church on Sundays, to very different from the sing about ‘Onward ceremony, procedure Christian Soldiers’, and safeguards of the about fighting the evils of pre-war colonial admin- the world, if nothing is istration. done by Christians when they emerge from Someone had told his mother he in Ben even when reading had be- church.’ was being interviewed, and that come something of a physical evening he found her wailing and strain. He left legal service and entered forlorn, looking out for his return private practice, where he soon some distance from their home. The second thing occurred only made his name as a tenacious and in his second year, for then a cer- determined criminal defence law- What brought him to the study of tain girl from Bournemouth en- yer. For him there was no such law, at University College Lon- tered UCL. But Margaret had to thing as a hopeless case, if he be- don, after the War, was his reli- continue in England to complete lieved the accused’s protestations gious conviction, and in particu- her solicitors’ articles. Her own of innocence. lar the implication that he drew mother was also in ill-health. She from that conviction. The highest was reluctant to leave her mother I will give an example of this later, duty in life, he believed, is to love and venture to a distant city. She but his next step was to enter poli- God, and in practical terms to said no. Ben came home discon- tics, and thus began his difficult serve Him.. That meant to serve solate. struggle. Everyone knows where one’s fellow man - help the poor, they were when they heard that sick and aged, give a voice to those He joined the legal service. In 1955 he took Anson, but not many re- who are unable to speak for them- he returned to England with one call the hard battles before, when selves. Giving a voice to the silent single aim in mind. One day walk- he lost often narrowly and after brought him into law, and later ing along the Bournemouth cliffs, facing down savage attacks on led him into politics. he and Margaret encountered a his patriotism. graffito - “TRUST IN GOD AND In London, Ben’s life changed in GO”. This was the sign she These years were made harder two important ways. As a student needed, and she left for Singapore still by Margaret’s long illness and at the international hostel, in 1956, with a job waiting for her death from cancer in 1980. Yet his Connaught Hall, he met and beat the same firm in which I am faith in God never wavered, nor came friends with people from all now a partner. did his belief in himself and his over the Empire, young men and mission. Shortly before her death, women whose hearts and minds A few months later, on 23 Febru- Margaret told me that her one re- were on independence and the ary 1957, they were married. Ken- gret was that she had not said yes building of new nations. He and neth was born two years later, and sooner. his best friend, Philip Woodfield, after the premature birth of a boy my godfather, attended political who died within days, I joined my I was with him at the counting meetings and joined in cam- brother in 1964. centre at Anson. A fresh recruit paigns together. They also shared into the army. I was at the back of a love of literature, that endured Ben became Registrar of the Su- the crowd. He called out ‘Where

Aliran Monthly : Vol.28(8) Page 22 is my son?’and I found people earned him the friendship myself lifted bodily over and love of many. He lived the heads of his sup- among the people, preferring the porters and on to the bus to a taxi even in his last days. stage to be with him. He Perhaps he felt embarrassed that expressed his humility so often taxi drivers refused to at being the people’s take a fare from him. choice, and then spoke of it as his saddest mo- He always helped his sons, and ment in that Margaret his daughters-in-law, and his was not with him. Her grandchildren, his parents, sib- memory stayed with lings, nieces and nephews and him, keeping him going countless others. He would read through his darkest moments. at least restored him to practice. books to his grandchildren, and And I come now to my example. even-handedly judge competi- That very night he sent a telegram Three persons had confessed to a tions at birthday parties. He was to Kenneth, away in England. Ben murder at a coffee shop. Their con- a dear uncle too to many was a server in this great cathe- fessions were ruled to be volun- other young people. dral, and the next Sunday though tary. They could be convicted and it was not his turn he asked to sentenced to death on the basis of Severe when he did not smile, his carry the cross. He was not say- these confessions. But he kept go- face was transformed by that 100 ing that God had given him vic- ing and sure enough he turned up watt grin, as famous as his mut- tory, rather he was saying that all a lead of another culprit and ton chop sideburns, that every one he did in his life was meant by pressed for fingerprint evidence of his grandchildren when babies him to be in service of the Lord. held by the prosecution to be loved to pull. The closer to him checked for a match against this you were, the more his smile lit And so he entered Parliament. For person. The prosecution did so, up your life. that you can read Hansard. But and withdrew the case. It was a for him it was law and advocacy huge vindication of the role of de- A great man, a lion, so many have in a new guise. Speaking for those fence counsel. said, but a nice man, a kind man who might not otherwise be too. In the end, his life carried a heard. Arguing always for fair- His bankruptcy following devas- simple meaning for all of us: no ness, and due process and equity. tating libel suits deprived him matter who we are, we can do Parliament and the courts meant once again of parliamentary and something, we must do some- so much to him. And the worst legal life. Thankfully, we were thing, to make the world a better times of his life were when he was able to help to bring him out of it, place. q deprived of these, through dis- and he had a terrific final year qualification. back in the saddle, forming a new party and appearing in court The above eulogy by Philip Notwithstanding this he was the again. Jeyaretnam was delivered epitome of grace. Even though oth- at his father’s funeral at ers failed to accept the true impli- Forgive me if my account has been Saint Andrew’s Cathedral cations of the Privy Council’s res- coloured by what he once de- on 4 October 2008. This toration of him as an advocate and scribed as ‘my unswerving loy- piece and the photograph solicitor, and so he was not par- alty’, and let me conclude with accompanying it are with doned nor reinstated to his seat this. Away from his political Philip's permission and are in Parliament, he bore it all sto- battles, where he had to fight hard not to be further reproduced ically, fully confident that right and strong, he was gentle but except with his separate was on his side. committed when helping indi- permission. viduals around him. Throughout But the Privy Council’s decision his life, the way Ben helped

Aliran Monthly : Vol.28(8) Page 23 TRIBUTE JBJ – His indomitable spirit lives on

His victory was that in his resistance he never lost his dignity, his faith in democracy and the love of his people by Sinapan Samydorai

oshua Benjamin JJ Jeyaretnam (JBJ) has JJJ passed away. His heart failed him but he did not fail till his final breath to perform his democratic duty to fight for the weak, the downtrodden and the poor.

He was the champion spokesper- son for those that did not have a voice in parliament or the political process. He stood up to the PAP and its system. In doing so, he suffered great personal loss in terms of status, prestige and property. Yet the man was never bitter. After being discharged as a bankrupt, his mission was not to seek revenge but to spearhead reform. His legacy would be the crusade of reforming a society bereft of true democratic values and of seeking justice for the common people. His victory was that in his resistance he never lost his dignity, his faith in democracy and the love of his people. In an age where a million dollars are demanded to serve the nation, JBJ parted with a million dollars to serve his people.

Political pundits, columnists, armchair critics and academics from the mainstream media pro-

Aliran Monthly : Vol.28(8) Page 24 ing him the right of reply. connected with the heartlander. He was above race, language and JBJ constantly harangued religion. His two electoral victo- the government about the ries against PAP Chinese oppo- quality of life for nents showed that. It also signi- Singaporeans. He re- fied that his message resonated peated his points because with the people. the problems were never fixed. His critics from the In Parliament, his exchanges with mainstream media were Lee Kuan Yew were not for the benefactors of the system. faint hearted. Parliament then Hence, it was obvious that was a packed Roman coliseum of self-preservation for them white-shirted PAP senators hark- meant casting JBJ as angry, ing for the opposition intruder’s irrational and out-of- blood. JBJ survived and on na- touch. Nothing could be tional television he symbolised the further from the truth. courageous Gladiator. It is not a coincidence that coverage of Think Centre had the speeches in parliament today is honour of working with not like what it used to be in the and for JBJ in 2001. In hold- 1980s. ing the “Save JBJ” rally, several members then and His quest for entering parliament now former members saw to reform Singapore has been cut the real JBJ. In discussing short by his sudden passing. politics, he was combative, Even though we are sad, we passionate and unrelent- should not be crestfallen. JBJ once ing, refusing to compro- said, “I have taken the view al- mise his beliefs. ways, that nothing outside the person can destroy the person. But he never was rude and That no force outside can destroy he never made anyone one a person. That the human spirit is of us feel small. In those indomitable.” His indomitable few days of personal en- spirit lives on and for future gen- gagement, he would ask erations to see a genuine and de- whether we had our meals, cent politician who cared for and how our family members loved his country. His will serves were doing and how we to remind us to serve our country were handling the pres- without fear and favour. sure from family and peers in doing something politi- JBJ, we salute you! We love you jected JBJ as a broken tape recorder cally outrageous at that time. We and we will miss you. You have repeating socialist slogans from a felt his benign fatherly presence fought the good fight and God bygone era. They were wrong in and we were more intimidated by bless you. their assessment especially so to- his sincerity and caring attitude day when capitalist markets than his roaring voice. JBJ’s heart Rest in peace, JBJ. q worldwide are collapsing under was always in the right place. the strains of unbridled greed. Sinapan Samydorai is These so-called learned journal- Despite his middle class back- president of the Think ists also knew that they could say ground, British training in law Centre in Singapore. whatever about JBJ without giv- and crisp Queen’s English, JBJ

Aliran Monthly : Vol.28(8) Page 25 TRIBUTE What a fighter! You have inspired an entire generation of Singaporeans and we will keep the fight going by Chee Soon Juan

Dear Mr Jeyaretnam, fering of others. On another occasion, my wife and visited you one last time I visited you at another rented III on Tuesday. I’ve never house. From the outside, we could II seen you so peaceful and see a few of your shirts hanging contented. by the window ledge on the upper floor. Mei said that she felt This is such a change from all the sorry that you had to do your own years that we’ve been working to- laundry at your age without any- gether. I remember how bitter we one sharing those chores with felt sitting in your rented apart- you. ment at Orange Grove Road after the 1997 elections. The place has This reminds me of the time when since been turned into swank, we were driving along Serangoon upscale serviced-apartments. We Road and you wanted to stop by were drafting a letter to the United to pick up a bunch of flowers. I Nations to ask for the monitoring had asked you what the occasion pressed myself and I was hoping of future elections here. was. You said it was your wed- to get some cheer from you. See- ding anniversary and that your ing you so despondent made my It was a tedious job recounting late wife, Margaret, would have own morale wobble. everything that had happened: liked the bouquet. the hounding of Tang Liang But I knew that you were feeling Hong, the threats made against Then there was the time when we depressed and anxious because voters, and the gatecrashing of visited New York City. I was sur- of yet another lawsuit. As we put polling stations by ministers. The prised when you mentioned that our weary heads on the emaci- task was made lighter only with that was the first time you had set ated pillows, you said that they the delightful combination of the foot in the US. We had checked didn’t just want to win politically savoury Indian vadai and Earl into this small hotel and struggled but were determined to also crush Grey you served. with our luggage along the nar- us personally. row and dingy corridor. And as I I remember also asking you about fumbled for the key to open the We made a pact that night that the copy of Long Walk to Freedom door, I heard you mutter to your- while we may not yet be able to by Nelson Mandela sitting on self: “Oh Ben, what have you got- beat them politically, we would your coffee table. You said that ten yourself into?” not allow them to defeat us on the once in a long while, there comes personal front.They may take a man who achieves greatness My heart sank when I heard you away all our possessions, but they without having to cause the suf- say that. I was feeling a little de- will never take away our will to

Aliran Monthly : Vol.28(8) Page 26 speak up. And then you said that My wife said that it was funny to truth. You have inspired an en- we needed to rest as “tomorrow’s think of this cute little pink bear tire generation of Singaporeans another day that we have to fight.” and picture you at the same time, and we will keep the fight going. a big elderly man with bushy hair The next morning I came out from and your trademark “mutton We will keep on reaching for that the shower and saw you reading chops”. You always made her star in the black sky, that shim- the Bible.We talked a little about jump a little whenever your voice mering distant star of liberty. If we the Book of Ecclesiastes. Then you boomed through the phone: “Is are closer to touching it, it is be- knelt down by the bed to say a that you, Mei?” cause we stand on your shoulders. prayer and I joined you. We prayed for strength and suste- Several months later, your worst Your legacy and walk on earth nance. nightmare came true. You were will not only remain but it will found guilty of defamation again grow. You have left a void that Rejuvenated, we went down to and you now had to vacate your cannot be filled. what New Yorkers call a “deli” seat in Parliament for the second for breakfast. I remember you ask- time. I remember talking to you on I think of that night in New York ing me what a bagel was and I the phone after your appeal was when we pledged not to let them said that it was the American ver- rejected. You sounded so crest- defeat our persons. You’ve kept sion of the vadai. You chortled and fallen. your end of the pact. They may we mouthed down a couple of still have the power but, boy, you Ham and Cheeses. Actually, I did. I had asked you if you wanted to sure showed them what a You found the bagels a little too talk, but you said that you just fighter for truth is. You leave us hard. wanted to be “alone for a while.” with honour and dignity, no one The next day we met for lunch could buy you over and no one During breakfast we talked about near your office at North Bridge did. And even though you did setting up an NGO to advocate Road. We got into a heated argu- not possess millions in your transparency and democracy in ment. I had asked you not to con- bank account, the treasure Singapore. When we came back, tinue paying the money and play- which you have stored is with we had a bit of a laugh seeing how ing into the hands of Lee and his you today and forever. the gentleman at the Registry of people. Companies squirmed as he tried Goodbye, Ben, I will miss you. to handle our application for the I knew you were angry at me for “Open Singapore Foundation”. saying so, but I also knew that you But even as I mourn your death, I wanted me to be honest with you. celebrate your life because it has After rejecting the term “Founda- Through the years, we have had touched mine. You have fought tion”, “Institute” and a couple of our clashes and disagreements. the good fight and now you have others,the ROC finally allowed the But we always knew that we were been called home to rest. They can- use of “Centre”. Thus was born locked in spirit and that we not hurt you anymore. Until we the first human rights NGO in would always remain true to each meet again, dear friend, I will al- Singapore. other and to what we believed in. ways remain. No matter how serious our dis- We left New York and you headed agreements, we always stood on Yours in Justice and Freedom, south to Florida to visit your son. the same side. Soon Juan When you returned, you bought 3 Oct 2008 my daughter a little pink teddy As you lay down to rest, democ- bear. It squeaks when you press racy is not yet at hand. But don’t its tummy. When she was a little you ever believe those who say older, we told her who bought it that your fight on earth was irrel- Dr Chee Soon Juan is the for her. She named it “JB Bear” evant and personal. leader of the Singapore because she couldn’t quite pro- Democratic Party. nounce your name. Nothing could be further from the

Aliran Monthly : Vol.28(8) Page 27 HERITAGE A city without a soul? The inner city community life in Georgetown is precious, and to lose it, would be unforgivable by Gywnn Jenkins

f you walk down Arme- that four houses opposite the the continual flow of peoples that II nian Street today you house, are for sale, and the ten- this city has experienced since the III will find a mixed com- ants given three months to leave. Repeal of Rent Control in Decem- munity of residents and If the rumour be true, I’ll have lost ber 1999. retailers, living working, worship- a community who cares and re- ping and using the street and the spects each other – whose 24-hour The residents in the row of four city as an organic entity, where presence in the street makes it safe, houses are by no means the first neighbours are known and space whose sounds are those of wor- community to be asked to leave. and lives are respected. In the ship, families and friends, not the An additional row of houses is mornings as the pavements are aggressive intrusion of burglar rumoured to be threatened with a washed at the start of the day the and car alarms. These are not the similar fate – one a bicycle repair streets are full of ‘living culture’. first – as three houses full of ten- shop, another a barber with famed It’s time for a chat with the ants recently moved in when their ear-cleaning techniques, and an- neighbours, our regular road- former home was taken back by other a temple amongst the re- sweeper, stop a local dog chasing its owner - replacing my maining residential homes. Fur- a guy on his bicycle, and smile at neighbours who had to move. ther into town, another row of ten- the occasional early-bird tourists. These were inner city dwellers, ants have been given notice too. The street is ours, it’s a while be- but our old neighbours including Like the others, these are survivors fore this peace is invaded by the a rattan weaver have moved on in of the Repeal of Rent Control; suburban ‘community’, which arrives with their gas-guz- zling, heat-generat- ing, polluting status symbols, which lit- ter the landscape outside their art gal- leries – there seems to be no other use for our homes, once we have been asked to leave.

Inevitably it seems, what we enjoy, others want to possess - but destroy in the process. Today, news came through

Aliran Monthly : Vol.28(8) Page 28 they have histories and connec- Town have evolved over centuries. nouncement of Unesco World tions with the urban life and as a What is common to all is the or- Heritage Site listing. result provide an interesting ‘oth- ganic reciprocity, the interrela- erness’ for the tourist gaze, as well tionships between each commu- As tourists flood to see the living as support and sustain the local nity and neighbourhood, which cultural heritage of George Town economy. is almost impossible to be found - the living cultural heritage is in the suburban districts, where, forced through economics to move Ironically, there is no shortage of for the vast majority, relationships out and the yuppies move in - who vacant ‘heritage’ properties - a are formed between home, lift, car, will celebrate the plethora of daily rough estimate suggests 500 der- road, and mall. rituals and almanac of festivals, elict and dilapidated as well as The safety and comfort of belong- which enthral us all? Who will vacant ‘restored’ properties exist ing to a ‘community’, however, is pay respects to the Hungry around town. These could well be envied and has encouraged the Ghosts, the Datuk Kong and the sold to the eager heritage investor ‘gated community’ concept for Datuk Keramat? Or patronise the were it not for absentee landlords, those who can afford their subur- street markets full of fascinating unbreakable trusts, or unwilling ban security. foods special to each festival cel- owners. If these remain as empty ebrated by the local communities? scars on the urban landscape and The fact that there are still a few the remaining historic communi- communities hanging onto their All these will vanish alongside ties move on, what will the new urban village life is nothing the communities as the once ho- owners experience? They will still short of a miracle as the city of listic city finalises the fragmenta- view the dereliction and areas of George Town in its entirety had tion process. It’s hard to believe unoccupied heritage buildings, been sliced up on the drawing that this is what Unesco wanted but would have replaced the rich- board since the early 1970s, and yet this phenomena has been ness of George Town’s when planning experts saw fit observed before - the multicultural neighbourhoods to zone the city as commercial commodification of culture and with themselves. Is this the inten- with little or no understanding the dysnification of the urban tion of the Unesco World Heritage of just how the city worked. The landscape, perhaps this reflects Listing? reciprocal relationship between more of the management and in- businesses - market and sup- terpretation of the sites, than Just what has Unesco listed? The plier, the employment patterns Unesco itself. ‘tangible and intangible’ living - the availability of nearby cheap heritage communities, and the labour where most walked to George Town could be different – buildings in which they live and work, as 50 per cent of the popu- it needs to think out its self-im- work? Or has it listed the percep- lation worked within their posed cage – it needs to under- tion of what the city could be – neighbouring streets, and the stand and value what it has now gentrified by the local and inter- other 50 per cent - school kids, before it dreams of what it could national professional upper- home makers and the elderly - be. Most of all, those who make middle class, whose romance were evident in their use of the the decisions that guide our land- with the inner city seldom goes wet markets, schools, coffee scape should come down to town further than the physical fabric shops and hawker stalls – all in the early morning – leave their and dreams of the reinstatement sustaining the local economic cars out of site and enjoy the joy of of the communities who aban- health of the city. an inner city community as it doned the “squalor” of the inner greets the start of a day. It is pre- city for their suburban lives long The Repeal of Rent Control caused cious, and to lose it would be un- ago? the eviction of many communities forgivable. q and the remaining few, as seen Fragmentation today are now under threat of of the city gentrification as the perception of Gwynn Jenkins is an Ar- property values rises beyond re- menian Street tenant Historic cities such as George ality, coincidentally on the an-

Aliran Monthly : Vol.28(8) Page 29 MIGRANT WORKERS The helpless remain hunted despite PR election gains So far, the opposition have held out little hope for migrant workers and refugees by Angeline Loh

heSun daily, in a report TT on 4 July, announced a TTT swell in the number of volunteers joining Rela. Rela number of members now stand at 520,000 Malaysian volunteers. Ordinary members are to be paid an allowance of RM4 an hour and platoon leaders RM5.80 an hour, an increment to be ap- proved by the government. The government has allocated RM15 million to fund the ‘hunting down’ of undocumented migrants that ironically includes documented refugees recognised by the UN refugee agency. Chor Chee Heung Fong Po Kuan

Deputy Home Minister Chor Chee Immigration Department. The try, the Foreign Ministry, the In- Heung (BN), in response to a sup- creation of Rela as a government ternal Security Ministry, the De- plementary question from Batu department is being anticipated. fence Ministry nor the Police have Gajah MP, Fong Po Kuan (DAP), publicly questioned these viola- announced that nine Rela officials Why only nine? tions committed by Rela members, had faced disciplinary action for irrespective of their rank. abuse of power since last year. He The first question that came to went on to confidently announce mind was, why only nine Rela Secondly, what further powers that the Home Ministry had plans officers are being disciplined can be given a body that appears to upgrade the voluntary corps when it is common knowledge that to be unaccountable to any higher and “accord its members more Rela members have committed nu- authority specifically dealing powers”. The Rela Bill is in the merous violations of the human with national security. Neither the offing and to be tabled in Parlia- rights of migrants they arrest and Police nor the Armed Forces in this ment to “ensure its effectiveness” detain and have violated the pri- country have any authority or say and grant increased powers to vacy rights of Malaysians within the control or supervision of this volunteer body under the pur- out being questioned by any au- Rela. It looks like the Home Min- view of the Home Ministry and thority. Neither the Home Minis- istry has also set up its own

Aliran Monthly : Vol.28(8) Page 30 “army” under the Emergency Or- Yet, in reality, Malaysia continues against migrant labour entering dinance 1996, which seems odd, to encourage migrant labour from their countries, is defective and as no citizen in this country re- other countries and continues to out-dated. Whilst one can sympa- ally knows what the external enter into agreements and MOUs thise with it on the basis that mi- threat to national security is. regarding the import of migrant grant labour is seen as cheaper labour with countries far and than local labour and that there The hypothesis that migrants and wide. All this is being done with- are a large number of graduates refugees are a threat to national out the necessary installation of currently unemployed, the ques- security defies logic and reality an updated and well-organised tion is what the local trade unions when it is also common knowl- immigration system or any well themselves are doing about the edge that a very small percentage thought-out immigration policy, situation. of crime in the country can be at- supported by humane immigra- tributed to migrants here. The Im- tion laws that take into account What are the trade unions doing migration Department and the the existence of refugees and the about the problem of human traf- media hype are much to blame for crime of human trafficking com- ficking that feeds the vicious cy- these negative misconceptions of mitted across borders. cle of so-called ‘cheap labour’ a majority of migrants who are law more akin to slave labour? What abiding. Citizens’ complaints that it is un- constructive proposals have they fair that migrants should be ac- made to ensure a level playing Migrants enrich corded human rights and funda- field for local and migrant labour our country mental freedoms that they them- that will in effect control the in- selves are not permitted to enjoy flux of migrant labour? This could Moreover, the reality is that mi- reveal a misunderstanding of the prevent unscrupulous employ- grants contribute to the economy principle that human rights and ment agents and out-sourcers of our country regardless of their fundamental freedoms, especially from bringing in more migrant la- legal status. Engaging in any le- the ‘non-derogable’ rights, should bour than there are jobs available. gitimate economic activity contrib- apply to citizens as well as non- There would be no incidents of utes to the wealth of the country, citizens without discrimination of migrant workers being stranded increasing its GDP. Some mi- any kind. The problem here is not at KLIA left high and dry by po- grants, even if undocumented, immigration legal status, but the tential employers and agents and also contribute to the country’s restriction or denial of basic non- warehoused in depots merely to GNP working in export indus- derogable human rights. be deported to their home countries. So how much of a threat are tries at taxpayers’ expense. migrants and refugees to Malay- Therefore, the recognition of fun- sia, when they in fact enrich our damental human rights of citizens On the very slim chance that a country. by the government should mean minimum wage was legalised in that the basic human rights of any this country, it would serve to Another favourite argument, often migrant should also be recog- raise labour standards and make proffered by government authori- nised, resulting in equality before employers more selective of em- ties dealing with immigration and the law as stipulated in our Fed- ployees as it would encourage the foreign affairs, is the “Opening eral Constitution. selection of reliable labour that the Floodgates to Foreigners” ar- gave productive quality work - gument. Their rationale is that Trade unionists instead of perpetuating the cur- treating migrants humanely and ignorant of their role rent attitude of employers in cer- permitting them to ‘enjoy’ their tain sectors that shop floor labour basic human rights and funda- A part of the trade union move- is a disposable commodity. Since mental freedoms in accordance ment also believes that migrant employers will be more inclined with international law would workers ‘steal’ jobs from locals. to put their money into quality only encourage migration en masse This perception, originating in workforces that would give them from neighbouring countries in age-old rhetoric first sung by trade their money’s worth in productiv- Asean and elsewhere. unionists in western nations ity, the employment of migrant

Aliran Monthly : Vol.28(8) Page 31 labour would also become more selective.

Thus, the market for migrant and local labour would become less like a ‘free for all’ where employers fight and undercut each other using fair and foul means to grab any labour that they deem costs them next to nothing.

The crux of the matter is that there is an urgent need to review and restructure current methods of employing migrant labour where the existence of too many middle- men encourage and perpetuate human trafficking in slave labour. Migrant workers rounded up The existing system of labour outsourcing and the usage of reminded that their 100 days pro- against the human rights viola- poorly regulated employment bation-cum-honeymoon is virtu- tions committed against migrants agencies leads to corruption and ally over. The post-election eupho- and refugees. To migrants and rampant human rights violations ria is fast fizzling out. If no change refugees still under the oppression of those struggling to make a de- is made or seen to be made or is of the BN, the PR holds out noth- cent living here. too slow in taking shape, disillu- ing for them as the indifference to sionment with the new PR State their plight continues. The PR also The trade unions are in a position governments will set in faster seems to maintain the perpetua- to tackle these issues if their lead- than they expect. Excuses have tion of the lie that migrants and ers realise and have the political their limit and being new to the refugees are a pest to be wiped out, will to work for all workers irre- job is fast becoming stale. by their silent consent to the un- spective of immigration legal sta- controlled actions and further tus. Is this too much to ask of our So far, the PR governments have empowerment of Rela. They have trade unions? either acted too hastily and nega- so far shown no wisdom in this tively on the issue of migrants and matter nor realised the economic What is the refugees or have done their level importance of this ostracised hu- Opposition doing? best to remain silent keeping the man resource. The urgency of the lid covered tightly on this issue. situation appears to have eluded If 8 March 2008 was a turning They have shown no intention or them. point for Malaysians, making us initiative to unravel the chaos or aware that people-driven change alleviate the human rights abuse Despite so much talk of a multira- is possible, it must be realised that despite the availability of informa- cial Malaysia with the rising star it is still a young process that is in tion in the media, NGO sources of Anwar Ibrahim, communalism danger of being short-lived if per- and Parliamentary debate. They still underlies political thinking sistence dies out. Whether the five have neglected to ask the salient and attitude even in those appar- Pakatan Rakyat state govern- questions. ently advocating multiracialism. ments have the initiative to show Malaysians may have taken one themselves to be markedly differ- All they have done is to catego- step forward toward open- ent from their BN predecessors rise migrants and refugees as a mindedness but are in danger of remains to be seen. federal problem that state govern- taking two steps back, retrogress- ments have no control over. Few ing into closed-minded racial com- The PR governments should be opposition MPs have spoken up munalism and xenophobia. q

Aliran Monthly : Vol.28(8) Page 32 Whee? Why is the ISA preferred over the Sedition Act? The Home Minister owes us an explanation and we hope that he will be forth- coming.

The ISA is not only giving the country an ugly image, it is also denigrating the police and de- stroying their credibility.

To save their tattered image and restore their integrity, the police must charge Lee Whee under the existing law failing which she should be released immediately. A record of Aliran'sAliran'sAliran's stand on current affairs. P Ramakrishnan Why is the BN the police of abuse of power in the President government forced eviction of squatters in 18 October 2008 sidelining the Courts? Kampung Baru Plentong Tengah, Johor. In this episode, 27 indi- Barack Obama’s Aliran is alarmed that the BN gov- viduals were arrested for attempt- election offers a lesson ernment is totally ignoring the ing to stop the demolition of the courts and resorting to the obnox- predominantly Malay squatter Aliran applauds the election of ious ISA to terrorise concerned citi- colony. Barack Obama as the 44th Presi- zens. We have recently witnessed dent of the United States of this worrying trend in the deten- If it was true, as claimed by the America. It was a stunning victory tion of Raja Petra, Tan Hoon police, that she was “spreading that recorded a landslide major- Cheng and MP Teresa Kok under false information”, then she ity. It was a victory that brought the indefensible ISA. should have been charged under together ordinary Americans of the Sedition Act and taken to different shades and faiths to elect While there are various laws to court to prove her claim, failing the first Afro-American in a his- charge a person for any alleged which she would have been con- toric decision that clearly re- criminal offence, there is abso- victed as charged and sentenced sponded to Obama’s call: Time for lutely no reason to resort to the accordingly. This is what Rule ofofRule change. ISA. Why can’t existing laws be LawLawLaw means as we understand it. applied to charge citizens for any This is what natural justice is all The victory has put to an end the perceived criminal offence? Is it about. The police must act within old prejudices of the past that because the BN government is acceptable norms. They must be have persisted for centuries. It has afraid that whatever charge that seen as respecters of the law to freed Americans from their nar- is preferred against these citizens win the respect of the public. row mindset that had discrimi- will not stand up to the scrutiny nated and deprived others from of the court? According to some legal circles, the marginalised communities a Section 28 of the ISA does not al- chance to progress as human be- The latest citizen to fall victim to low a person to be detained with- ings on an equal footing. this continuing trend of ousting out a trial. That being the case, the courts through the use of the why then was Lee Whee taken in While the Americans chose to ISA is 26-year-old activist Cheng under the ISA? Can the police look forward to their future with Lee Whee. She had apparently clarify why the Sedition Act could hope, sadly there are others else- lodged a police report accusing not have been used to charge Lee where who are still trapped in

Aliran Monthly : Vol.28(8) Page 33 their age-old prejudices that dis- When a qualified person like Low decided by the component parties criminate against others based on Siew Moi cannot be accepted as of the BN. their colour and creed. They can’t the acting CEO of PKNS, what look forward confidently but pre- hope is there for higher political What has been the response from fer to cling to the past as a solu- office to be occupied by someone the Prime Minister? If he had re- tion to their progress. regardless of colour and creed? sponded positively to these sug- Just take note of the vehement op- gestions, then we can see some We in Aliran hope that Obama position that is being mounted hope for the emergence of non-ra- will bridge the gap that divides against her appointment solely cial politics in Malaysia. the rich and the poor, the West because she is not a Malay. and the East, the Muslims and the Until then, we can continue to others. We hope that he will heal Has the Prime Minister con- hear words that have no meaning. the wounds inflicted by war and demned this unreasonable oppo- deprivation of poverty. We hope sition to this well-deserved ap- P Ramakrishnan that he will bring about a just pointment? President peace to the Middle East, end the 6 November 2008 Occupation of Iraq and Afghani- Malaysians had for 50 years given stan, shut down Guantanamo Bay their support to the Alliance/ Minister should and put an end to rendition (the Barisan Nasional. All the compo- resign for abusing outsourcing of torture to third nent parties had participated in his powers countries). the election not under their party banner. They stood under the BN Judge Syed Ahmad Helmy Syed We believe that there is a lesson to banner and were accordingly Ahmad of the Shah Alam High be learnt from the outcome of the elected. Court joins the ranks of the brave American election. – who unfortunately are not many In view of this, the MCA had re- – in ruling that the detention of Aliran Executive Committee quested that a second BN Deputy Raja Petra Kamarudin under the 6 November 2008 Chairman’s post be created and Internal Security Act was illegal filled by someone from the MCA. and unconstitutional. His deten- Unconvincing (At present the Chairman, Deputy tion was procedurally flawed in claim that Chairman and Secretary General that the minister had failed to fol- ‘anyone can be PM’ of the BN are all from Umno.) It low “proper procedure under Sec- has also been suggested that the tion 8 of the ISA to issue the de- Prime Minister Abdullah Deputy Prime Minister could be tention order against Raja Petra.” Badawi’s comment that it is possible for anyone, regardless of race and religion, to be the nation’s leader, if the rakyat wanted it to happen sounds rather unconvincing. It even sounds ridicu- lous.

The truth of the matter is that it could only happen if Umno agrees or permits it to happen - which is utterly impossible. It can only happen if the BN is defeated and an alternative party or coalition which is not race-based comes into power. Until then it will only remain wishful thinking.

Aliran Monthly : Vol.28(8) Page 34 The good judge had stated that that when dealing with the free- made simply to portray them as “Section 8(b) of the ISA indi- dom and human rights of human terrorists so that they could be cated that those issued with the beings he is duty-bound to exer- detained under the ISA as pos- detention order by the minister cise extreme care to ensure that ing a security threat to the coun- might not be allowed for judicial those rights are not simply try. It would be interesting to review. However, the court trampled upon. find out if the minister had “con- could hear such an application fined to the circumstances if there were instances of pos- This courageous judge freed Raja stated” in detaining them under sible abuse of powers.” This is a Petra because the minister had the ISA. very significant observation. In acted beyond the scope of Section scrutinising the detention order 8 (1) of the ISA. The judge had We are encouraged by what has – without glossing over it as boldly stated that “the minister taken place yesterday, Friday, 7 some judges are wont to do – he cannot simply detain someone. October 2008. Two precedent-set- had found that there was abuse He must be confined to the circum- ting decisions were delivered. One of power by the minister in issu- stances stated.” concerned the Kuala Lumpur Ses- ing his detention order. This is sions Court where judge S M a very serious offence. But the fact is many citizens Komathy refused to be brow- have been “simply detained” beaten into transferring Anwar’s Datuk Seri Syed Hamid Albar is and consequently languish in sodomy case to the High Court. not a lay person but a lawyer by Kamunting because we have That was a great decision. The training. Of all the persons he some judges who do not bother other concerns Raja Petra’s ISA should be the one well placed to to look at the circumstances detention, which the Shah Alam understand the law, its require- stated. If a conscientious judge High Court ruled as illegal and ment and its implication. Indeed were to take another look at all unconstitutional. Whether the he gave the impression that he un- the detention orders, Aliran is much talked about reformation derstood the ISA better than oth- of the view that the facts would takes place or not, as long as we ers when he said, “Please read (the reveal that many had been de- have serving judges of conscience provisions of) the act.” This was tained illegally and unconstitu- of the calibre of Syed Ahmad and his response to criticisms regard- tionally. Take for example the Komathy, there will always be ing the detention of Suaram sec- Hidraf Five. They have been ac- hope . They will put the crooks retary Cheng Lee Whee in Johor cused of having connections and those without a conscience in Bahru on 17 October 2008. The with the Tamil Tigers of Sri the judiciary to shame. question arises: How could a man Lanka without providing an so well versed and conversant iota of evidence being made P Ramakrishnan with the ISA have committed such public to substantiate this grave President a terrible sin? Doesn’t he realise allegation. This allegation was 8 November 2008

Aliran Monthly : Vol.28(8) Page 35 PKR is a party of moderation. I consideration the entire chain of have the utmost respect for Datuk process that involves individuals Seri Anwar Ibrahim and feel that at the executive level, where the he represents the hope of our blatant exercise of power encour- present generation to right all the ages and perpetuates corruption. wrongs done by Umno. The ACA, which is still under the Prime Minister’s Department, has Lately, the attack on a reporter only taken action against indi- by over-zealous supporters and viduals who are the products of now Zulkifli’s antics places the system and not the Letters must not exceed 250 PKR at the same level as Umno. perpetuators of the corrupt system words and must include the We do not need another party to based on the following facts. writer's name and address. be ultra-religious like Pas and Pseudonyms may be used. Send Umno. For heaven’s sake, the • Subdued action on the land letters or emails to Editor (see forum simply aired the views of scams that involve the abuse page 3 for address details). women who have converted to of power. Views expressed need not reflect Islam and are at present facing • No transparency on the out- those of Aliran. If e-mailing, problems of their individual come of the report lodged by include message in the e-mail rights. They are not discussing individuals against a promi- body itself. Islam as a religion or question- nent lawyer who allegedly had ing any of its practices. They are connections with prominent The wrong option questioning why the laws of this judges prior to the establish- country do not protect the rights ment of the Royal Commission Selective and repressive use of the of women converted by marriage of Inquiry. ISA against victims that have little to Islam. • The absence of action on the or no justification is the wrong report by the NGO on alleged option. Closing down of politi- Zulkifli Noordin should be corruption implicating a cabi- cally incorrect papers that provide sacked. Let him join Pas if he net minister. reporting and analysis contrary to shares their ultra-views on reli- • The slow pace of investigating what the Government would like gion. If you still defend his antics allegations of money politics to read is the worst possible op- then I feel that there is no future among top government lead- tion. It will have adverse repercus- for PKR in this country. ers sions beyond the intimidation of • The absence of action on the the media by undermining our DisgustedDisgustedDisgusted numerous reports lodged by democratic rights and freedom individuals against a former further. Doubts over Prime Minister. ACA’s credibility Yew YinYinYew Base on the above, the so-called The ACA has been in the head- notion that the ACA is finally flex- The antics of Kulim- lines lately for nabbing individu- ing its muscles in combating cor- Bandar Bahru MP als for alleged corruption. Certain ruption is premature. Until the news commentators are full of ACA is able to take a systemic I would like to voice my disgust at praise about the ACA achieve- approach in rooting out corrup- the antics of Kulim-Bandar Bahru ment in prosecuting the big fish tion among the top executives of MP Zulkifli Noordin in joining by charging senior civil servants government and rids itself of pro- Umno and Pas in the protest and state assembly members. Al- tecting the face-saving culture against the Bar Council’s forum. though there has been a lot of among Malaysian politicians, it A PKR MP consorting with hype about the ACA’s perfor- will not gain much credibility Umno? If he represents the typi- mance, the fundamental question among discerning Malaysians. cal PKR politician of the future, is whether it will be able to root the party is sadly in need of out corruption based on a sys- Ronald Benjamin proper direction. I thought that temic approach that takes into IpohIpohIpoh

Aliran Monthly : Vol.28(8) Page 36 Messy toilets in It’s very unfortunate though that dents. Every Malaysian must Malaysia there’s not enough public expo- realise that whatever they gain is sure of how our dirty habits have simply from the taxes and sacri- tainted our country’s image fice of all communities. The stu- amongst foreigners. More impor- dents should have allowed the tantly, it’s unfortunate that the elders in political power to handle public are not aware that their this sort of issues, as these are dirty habits and the irresponsibil- national policies. ity of organisations to maintain a clean restroom are hurting their Where have we failed? Every reli- health. gion in the world teaches that “Love” is the force that binds and I feel that Malaysians are becom- unites. We as a Nation were ing much more health conscious. blessed with diversities of cul- I strongly believe that if Malay- tures, this love brings about coop- sians were aware of the health eration, adjustments and paves hazards associated with dirty the way to a shared destiny. We restrooms, they would change need to strengthen this vigorously. their ways. With this, I am request- We are all children of God; how- ing your help to dedicate a jour- ever, we doubt this simple truth nalist to write an article in your and continue on a racial game that magazine about public restroom brings negative thoughts, jealousy cleanliness. Hopefully with the and suspicion. Only thoughts, kind help of your organisation, we words and actions based on truth, will be able to make a difference love and humanity can bring great for the betterment of our country. strength to this country. A few of my friends from America visited Malaysia recently and Concerned Citizen Racial issues are clearly becom- were eager to share with me their ing sick issues that only lead to experiences in my home country. Time to discard greater problems at the social Whilst all of them had different racial issues level. It is therefore more essential opinions on what they liked, they now than ever before to seek ways shared a common distasteful view The freedom gained was for us and means that will enable us to of Malaysia; they couldn’t believe with Independence to make remain united as a single Malay- how badly managed the public choices beyond the ordinary. It sian race. There are countless ben- restrooms were. Stench, was for beautiful Malaysia to efits to be gained from pooling our unflushed toilets, footprints on have a clear vision of reality for resources. The past 51 years can- toilet seats, doors that do not lock all races to live in a just, fair and not be changed but the present and writings on the wall were equal manner. After Indepen- heralds a time to change, to build, some of their criticisms. dence in 1957, all Malaysians to improve, to fill areas that are should have detached themselves lacking, to become stable with a Dirty restrooms are often equated from giving prominence to race, true identity of a Malaysian race. with our lifestyle, specifically our colour or creed and adopt a new Let’s remind ourselves that we are hygiene. While it definitely paints race called Malaysians. souls and spiritual beings living a negative picture psychologi- in a material world temporarily so cally, the actual health concerns Now 51 years later, calling for a let’s move on as a single race with are much more alarming. mere 10 per cent sharing (quota pure wishes for all which is di- Dysenteriae, E. aerogenes and S. in admissions) can move thou- vine. aureus are just a few examples of sands of students to protest. They bacteria that are widespread in did not protest when MiUT P Sivakumar dirty environments. opened their doors to foreign stu- MIBA President

Aliran Monthly : Vol.28(8) Page 37 OPERATION LALANG REVISITED Continued from page 40

Lim Fong Seng, Publicity Chief of beside the Thian Hou Temple in the Civil Rights Committee, Kua Kuala Lumpur, which evoked ra- Kia Soong, Pas Youth Chief Halim cially provocative speeches from Arshat, Umno MP for Pasir Mas the Chinese politicians present. Ibrahim Ali and Umno Youth The meeting resolved to call a Education Chairman Mohamed three-day boycott in Chinese Fahmi Ibrahim. schools if the government did not settle the appointments issue. Although most of the detainees were released either conditionally Quid pro quo? or unconditionally, 40 were issued detention orders of two years. In the event, even though the boy- Included were Lim Kit Siang and cott was called off, albeit at the Karpal Singh plus five other party eleventh hour, the stage was set colleagues, a number of Pas mem- for a mirror response from the bers and many social activists. A Malays, led by Umno Youth. A categorisation of the initially mass rally of 10,000 was held at named detainees, numbering 97, ing strong racial overtones. Ac- the TPCA Stadium in Kuala gives the following breakdown: cording to the White Paper ex- Lumpur and, by then, Umno poli- political parties - 37; social move- plaining the arrests, various ticians had begun to condemn ments - 23; and individuals - 37. groups who had played up “sen- MCA leaders for their collusion sitive issues” and thus created with the Dong Jiao Zhong and the Racial “racial tension” in the country opposition DAP. Amidst calls overtones had exploited the government’s from both sides for the resigna- liberal and tolerant attitude. This tions of MCA Deputy President The political developments which racial tension made the arrests and Labour Minister Lee Kim Sai brought this second largest ISA necessary and further, forced the and Umno Education Minister swoop in Malaysian history (ex- government to act “swiftly and Anwar Ibrahim, Umno an- ceeded only by the number de- firmly” to contain the situation (as nounced the holding of a mam- tained during the May 13 riots) cited in Amnesty International moth rally in KL to celebrate its were sparked ostensibly by Report of 1988). 41st anniversary, which it was mounting political tensions hav- claimed would see the attendance The sensitive issues were brought of half a million members. on by what appeared innocuously enough as Education Ministry The proposed Umno rally was the appointments of some 100 senior ostensible reason for the Inspec- assistants and principals to ver- tor General of Police to precipitate nacular Chinese schools. This the 27 October crackdown. Had provoked a storm of protest when the rally been held it was not im- it was learnt that those appointed probable that racial riots could were not Chinese (Mandarin)- have been sparked by the incen- educated. Politicians from the diary speeches of Umno politi- MCA, the DAP and Gerakan, the cians. To make matters worse, a major Chinese-based parties tinderbox situation was already joined the protests and on 11 Oc- created by the rampage of a Malay tober 1987, the Dong Jiao Zhong soldier (AWOL) who killed a (Chinese educationists) held a Malay and two Chinese with an 2,000-strong gathering at the M16 rifle in the Chow Kit area — AM Vol.8(2) Hanainese Association Building, also the scene of the May 13 blood-

Aliran Monthly : Vol.28(8) Page 38 bath — straddling two large Chi- by civil society, the Human Rights nese and Malay communities. Commission (Suhakam) and a component BN party (Gerakan) The pundits have it that the Prime for its repeal. Because of its de- Minster had to have a quid pro quo ployment of the ISA as a political for cancelling the Umno rally. tool, Malaysia, which has held 12 Hence the arrests of prominent general elections to date, will al- Chinese politicians. In retrospect, ways remain a “quasi” or semi- some of the culprits like Lee Kim democracy. Citizens must con- Sai escaped arrest while many tinue to demand the release of all opposition members and activists ISA detainees and insist that with nothing to do with racial in- Members of Parliament whom citement were put in. Most of the they voted into office in 8 March government party people also 2008 press the government for a saw early release while the dissi- debate on the ISA and for its re- dents generally served detention peal. q terms of up to two years. AM Vol.8(3)

In any case, the incident provided Mahathir’s government with the excuse to further tighten the executive's stranglehold on politics by further restricting fundamental liberties. In the following year, the Printing Presses and Publications Act was given more bite by a requirement that print- ers and publishers had now to apply for new licences annually whereas they were only required to renew them yearly before. In addition if any licence was revoked, it could not be challenged in court. A prison term was added that publication of false news could land a publisher in jail for up to AM Vol.7(12) AM Vol.7(11) three years. Amendments were also made to the Police Act making it practically impossible to hold any political meeting, includ- Citizens must continue to demand ing a party’s annual general meeting, without a police permit. An the release of all ISA detainees illegal meeting could earn the per- and insist that Members of son concerned a fine of RM10, 000 and a jail term of one year. (New Parliament whom they voted into Straits Times, 5 December 1987, Aliran Monthly, 1988, Vol. 8:3). office in 8 March 2008 press the government for a debate on the It is clear from the political developments of 2008 that the present ISA and for its repeal. government of Malaysia has no intention of abandoning the use of the ISA despite the many calls

Aliran Monthly : Vol.28(8) Page 39 DETENTION WITHOUT TRIAL Operation Lalang Revisited – A call for the Repeal of the ISA

Because of its deployment of the ISA as a political tool, Malaysia will always remain a “quasi” or semi-democracy by Johan Saravanamuttu

he continued detentions of the five Hindraf lawyers under the ISA and blogger Raja TTT Petra Kamaluddin in 2008 under the Abdullah Badawi government is one of the most cynical acts of this so-called ‘moderate’ and retiring leader of Malaysia. The detentions and then the releases of journalist Tan Hoon Cheng and DAP politician Teresa Kok also count as among the das- tardly acts of a politically bankrupt government. The Home Minister’s facile excuse that the ISA was used to ‘protect’ Lee and Kok must rank as the political joke of the year.

As of today, Malaysia still has 62 persons detained under the ISA. In a written answer given to Parlia- ment in 2005, Prime Minister Abdullah Ahmad Badawi, who was then also Minister for Internal Security, said that in all, 10,662 people had been arrested under the ISA in the past 44 years, 4,139 were issued with formal detention orders, and 2,066 were served with restriction orders governing their activities and where they live. In addition, 12 people were executed for offences under the ISA between 1984 and 1993.

The more serious political event involving the di- political history since the May 13, 1969 ethnic riots, rect use and abuse of the ISA occurred in 1987. Just it bears some recounting. the year before, there was yet another patent abuse of human rights in the form of the Memali incident. Among the more prominent detainees were the op- The 27 October political crackdown on opposition position leader and DAP Secretary-General Lim Kit leaders and social activists known by its police code Siang, Aliran President Chandra Muzaffar, DAP name, “Operation Lalang” (weeding operation), Deputy Chairman Karpal Singh, MCA Vice Presi- saw the infamous arrests of 106 persons under the dent and Perak Chief Chan Kit Chee, Dong Jiao ISA and the revoking of the publishing licences of Zhong (Chinese Education Associations) Chairman two dailies, The Star and the Sin Chew Jit Poh and two weeklies, The Sunday Star and Watan. As this Continued on page 38 event is possibly the most significant in Malaysian

Aliran Monthly : Vol.28(8) Page 40