PP3739/12/2004 ISSN 0127 - 5127 / RM3.00 / 2004:Vol.24No.2

Aliran Monthly : Vol.24(2) Page 1 COVER STORY A Transition And Two Elections Between the general election and the UMNO election, Abdullah has two choices by Khoo Boo Teik

y now, it is apparent that BB Prime Minister BBB has assumed power very differently from Dr .

In 1981, Mahathir entered the Prime Minister’s office with a ‘slamming of doors’ followed quickly by major policy changes. Abdullah has quietly slid into power, as if everyone needed a pause after the breathlessness of the Mahathir era.

The contrast is suggestive. With Abdullah, the style is the sub- Abdullah to begin with govern- It was also time to balance the stance. And it’s an unobstrusive ance issues. budget and show fiscal prudence. style, as if the very fact of the Previous budget deficits were too Mahathir-Abdullah transition Foreign direct and portfolio in- widely associated with was already its drama. vestment increasingly demand Inc.’s ‘mega projects’, bailouts, ‘good governance’ and ‘best prac- rescues. To be ‘his own man’, Abdullah tices’ that Malaysia, being chroni- had to ‘de-Mahathirize’ the politi- cally dependent on foreign capi- Of course, one shouldn’t miss cal system, the administrative tal, can no longer ignore. Disad- some of the the politics of the post- framework and the policy regime. vantaged by the changes in in- ponement: Abdullah had to avoid He has done so discreetly, offer- vestment flows and directions, diplomatic and trade fallouts with ing a reassurance of more conti- Abdullah’s government, unlike India and China with a possibly nuity than change, and of subtle Mahathir personally, can’t dis- adverse impact on Indian and change rather than an overhaul. miss ‘governance’ as a foreign ob- Chinese voters in the next election. scenity. Good Governance ‘Good governance’ translates Abdullah’s most important ‘gov- popularly into ‘anti-corruption’. If there’s been any drama at all, ernance’ move was to postpone it’s been supplied by high-profile the billion ringgit double track First came the exposés: the award media coverage of measures railway project controversially of thousands of taxi permits to an aimed at improving ‘governance’. awarded to MMC-Gamuda individual; suspected collusion of There were compelling reasons for shortly before Mahathir retired. Customs officers in the import of

Aliran Monthly : Vol.24(2) Page 2 EDITOR'S NOTE

This special issue on the 11th general election was pre- pared in a rush so that it could reach you before polling CONTENTS day. Until the last minute, our contributors were send- ing in articles related to the election. Although the out- come of the election might seem a foregone conclusion, COVER STORY we felt there was a real need to raise awareness of the ••• A Transition And Two Elections 222 real meaning of democracy and free and fair elections. FEATURES But unlike the mainstream media, which is only inter- ested in talking about the chances of a particular candi- ••• Power Politics, Anwar And date or party winning in a particular area or state, we The Uses Of Market Justice 777 look at the elections in the light of the longer-term strug- ••• Dark Secrets Of The Private Sector 111111 gle for democracy. ••• Has Malaysia Eradicated Poverty 141414 ••• Freedom Rules If Fear Is Dead 161616 In our cover story, Khoo Boo Teik discusses Abdullah ••• The Media Circus Comes To Town 191919 Badawi’s initiatives in the context of two elections: the general election and the UMNO party election in the ••• A Thinking Voter's Checklist 222222 middle of the year. Although Abdullah’s position looks ••• Election Commission Not secure, the same cannot be said of his deputies. Free And Fair 303030 ••• Unjust Disqualifications 313131 John Hilley looks at the larger forces at play behind the ••• Please Grant Lim Guan Eng Anwar saga. In particular, he anaylses power politics A Royal Pardon 323232 and “market justice”, which he says contributed to Anwar’s downfall. ••• Election Media Monitors Initiative 33 ••• Vote For Democracy 404040 Anil Netto highlights the need for the current anti-cor- ruption drive to encompass the private sector too. Libau OTHERSOTHERSOTHERS Rentap, meanwhile, looks at the fabulously wealthy first ••• How About Auditing Bigger Fish? 131313 family of Sarawak: the house of Sarawak chief minister ••• Say No To PORR 272727 Taib Mahmud and wonders if the authorities will initiate an audit of the family’s assets. ••• What Is A Caretaker Government? 282828 ••• Election Offences 292929 Jeyakumar Devaraj focuses on poverty in Malaysia, ••• Subscription Form 383838 which he argues is worse than what the rosy statistics ••• Urgent Appeal 393939 suggest.

In our back cover story, Aliran calls on Malaysian voters to look beyond the elections to the larger struggle for democracy, justice and freedom.

That said, make sure you turn out to vote on polling day Published by and vote for Democracy! Aliran Kesedaran Negara (ALIRAN) 103, Medan Penaga, 11600 Jelutong, ALIRANALIRANALIRAN is a Reform Movement dedicated to Penang, Malaysia. Justice, Freedom & Solidarity and listed on the Tel : (04) 658 5251 Fax : (04) 658 5197 roster of the Economic and Social Council of the United Nations. Founded in 1977, Aliran welcomes Homepage : http://www.aliran.com all Malaysians above 21 to be members. Contact the Hon. Secretary or visit our webpage. Printed by Percetakan Tujuh Lapan Enam Sdn. Bhd. No. 16, Lengkangan Brunei, 55100 Pudu, .

Aliran Monthly : Vol.24(2) Page 3 luxury cars without payment of corruption drive lends a gloss of duties, arrest of the head of a Ma- freshness to a leader whose regime lacca state government corpora- is otherwise ‘old’ and ‘inherited’. tion for suspected bribery, removal of a bankrupt from a Malacca dis- Abdullah must consolidate his trict council. Then came charges own position while two elections against Eric Chia and Kasitah loom – the general election and the Gaddam. UMNO election. Maybe that’s why an anti-corruption drive, Low-level targets were followed which reaches the highest po- by prominent figures. Suddenly, litico-corporate levels, if it’s com- it seemed like the public was be- ing at all, hasn’t come yet. ing prepared for a concerted anti- corruption drive that was 11th General Election underway. Barring a last-minute shock, Popularity Of will obtain a ‘Anti-Corruption’ ‘two-thirds majority’ win in the rected to keep the voters in ‘feel 11th General Election. The election good’ mode! All over the country, As yet, there’s no cause for celebra- result will lie between the BN’s roads are being re-surfaced that tion but good reason to raise ques- 1995 landslide victory and don’t need it or should have been tions. UMNO’s 1999 dismal display. resurfaced some time ago. Soon There won’t be a repeat of the schools and communities and in- What has the anti-corruption major shocks of 1999 – UMNO’s dividuals will receive grants and drive produced beyond sound in- loss of 22 seats, the defeats of sen- awards and assistance. This tentions and good public rela- ior UMNO figures, and PAS’s win weekend (28 February/1 March), tions? Has any corruption case of a state government. the police plan to hold mock ‘ri- been decided in court? Has the ots’ in Penang – of all places! – in government really overhauled its Plainly, if the BN couldn’t do security exercises which, we are tender system to make it transpar- worse than what happened in assured, have nothing to do with ent? Are federal or state projects 1999, it can’t do worse now than the election. no longer awarded to politically in 1999. connected companies? No such advantages of the poli- Economic conditions are not as tics of ‘feelgood’ and of ‘fear’ ac- In short, will Abdullah push his exciting as media hype about a crue to the opposition. While cam- campaign all the way to clean up ‘red hot recovery’ and a ‘runaway paigning, the opposition will find the high-level politico-corporate KLSE’ would have us believe, but facilities closed to them, media networks of money politics, cor- we’re not plagued by the uncer- blackouts and grossly unfair ruption and ‘bad governance’? tainties of 1998-99. New seats treatment. were added and constituencies If he tries, the heavyweights of realigned across the country ex- But DAP and PAS broke the those networks will treat his ‘gov- cept in Kelantan and Trengganu. Barisan Alternatif’s historic unity. ernance reform’ as a threat. They After Mahathir’s departure, Since then, DAP has not shown will see it as an Abdullah agenda Abdullah’s government avoided fresh ideas for reversing its suc- of curbing potential rivals and es- controversy and provocation. cessive defeats by MCA and tablishing his own alliances. Gerakan. PAS’s strategic mistake Indeed, some things that help the of staking its advance on its so- ‘Anti-corruption’ is not just popu- BN are never changed. called ‘Islamic State’ alienates po- lar. It indirectly responds to tential allies who remember PAS Reformasi’s attacks on corruption, All through the long festive sea- for defending a ‘democratic state’ cronyism and nepotism. An anti- son, the BN machinery was di- in 1999.

Aliran Monthly : Vol.24(2) Page 4 In Sabah, PBS rejoined the BN, UMNO’s internal weaknesses and the opposition was erased. In may be decisive. There is solid Sarawak, there’s no opposition to oppositionist sentiment in benefit from the deregistration of Trengganu partly because of the SNAP and PBDS. Whether there shabby Federal treatment of the will be a backlash against the BN state over petroleum revenues and will be known by election time. the Sekolah Agama Rakyat. Hence, PAS can hold its own in There, as elsewhere, the opposi- the Malay heartland. tion will rely on its core loyalties, local discontent over BN compla- Of course, one can regard PAS’s cency and insensitivity, and some issuance of its Islamic State Docu- degree of sympathy to see it ment indirectly as its acceptance through. that the party can’t win significant non-Malay or non-Muslim sup- Malay Politics port. By the same token, that at- tests to PAS’s confidence that it UMNO will target to win the new can’t be quickly overturned by to withdraw part of their contri- parliamentary seats allocated to UMNO in matters Islamic and butions prior to their retirement. the party, regain some seats in where the non-Muslim vote is Kelantan and Trengganu, and negligible. Abdullah introduced a RM200 beat back the PAS-Keadilan com- million ‘tuition’ scheme to help bination in Kedah. Elsewhere, Despite talk of Abdullah Badawi’s 500,000 poor pupils to cope with UMNO defeated PAS in 1999 and religious credentials, UMNO the change from teaching Science won’t lose that edge now. can’t retrieve its lost legitimacy by and Mathematics in Malay to seeking to ‘out-Islamize’ PAS. But English. The same scheme was an Strategically, UMNO will seek an PAS can’t better its 1999 result by indirect reward for schoolteach- outright majority within BN and trying to ‘out-politicize’ UMNO in ers whose services and contribu- improve its share of the Malay other matters. Thus, a stalemate tions have not been lauded in re- popular vote. UMNO will take of sorts is likely. cent years. such electoral gains as evidence of its recovery of legitimacy Core Constituencies These are ‘plebian’ initiatives. Yet among Malay voters and its domi- And Social Priorities they are consistent with the me- nance in BN. dia blitz on Abdullah’s ‘gentility’, Abdullah’s preparation for the ‘religiosity’ and ‘rusticity’. They To that extent, the 11th general election disengages from help him to re-orient the govern- election, more than previous ones, Mahathir’s post-1999 Malay- ment towards matters of rural de- will be fought over ‘Malay poli- bashing. UMNO has been repair- velopment and social priorities tics’. It is a state of Malay politics ing its damaged ties with the with NEP overtones – namely that has gone ‘beyond Anwar Malay grassroots and the Malay- education, health care and hous- Ibrahim’. There is still empathy for dominated civil service – two ing – that used to define UMNO’s Anwar, and Keadilan remains the overlapping sources of dissident relationship with its core constitu- heir to Reformasi dissidence. But Malay voters during Mahathir’s encies. the revolt over Anwar’s maltreat- final years in power. ment has been so repressed and It’s even possible, before the elec- burnt-out it won’t sustain a new Abdullah is ploddingly reassert- tion, that Abdullah will undo wave of Malay recalcitrance. ing UMNO’s traditional agenda Mahathir’s hostility towards the of protecting Malay ‘social priori- Sekolah Agama Rakyat and strike Despite alarmist or exuberant pre- ties’. He delayed the risky move a compromise over Federal Gov- dictions, PAS is unlikely to im- to list Felda on the KLSE. He dis- ernment funding. The Sekolah prove on its 1999 results. PAS is missed the EPF’s unofficial pro- Agama Rakyat may do little to still strong in Kelantan where posal to disallow its contributors ‘contribute to national integra-

Aliran Monthly : Vol.24(2) Page 5 What has the anti- corruption drive produced beyond sound intentions and good public re- lations? Has any tion’, to use official phraseology, but they become to many Malays what the ‘independent schools’ are to the Chinese community. corruption case Vehicle And Mandate been decided in For Abdullah, the significance of the election is obvi- ous: his vehicle for securing a national mandate since court? Has the gov- he emerged as Mahathir’s deputy by default. Indeed, Mahathir was reported to have said that Abdullah ernment really ‘should not be here’ – a reference to Abdullah’s purge from the Cabinet after Team B’s defeat in 1987. overhauled its ten- Between the general election and the UMNO election, Abdullah has two choices. A respectable UMNO per- formance in the former will arm Abdullah with his der system to make ‘own’ national mandate before the party election. He himself needs to be elected President. Then he may be it transparent? Are able to ‘fix’ his preference for a Deputy President with behind-the-scene compromises. federal or state Or he can follow Mahathir’s tactic in 1981 of ‘demo- cratically’ leaving the election of the Deputy President projects no longer to the UMNO General Assembly.

In either case, UMNO’s thorny problem of picking an awarded to politi- ‘anointed successor’ hasn’t been solved yet. Najib Tun Razak’s appointment as Deputy Prime Minister cally connected doesn’t guarantee his asendancy. If UMNO’s history cally connected is any guide, the UMNO Deputy President’s post, not yet Najib’s, may once more be the site of fierce fighting. companies?

If that happens, for this brief tale of two elections, there may merely be a lull before a storm. q

Aliran Monthly : Vol.24(2) Page 6 ELECTION 2004 Power Politics, Anwar And The Uses Of Market Justice The Anwar saga is an example of how market justice acts to uphold the system, yet undermines itself through constant and ruthless abuse by John Hilley

s pon- AAA ders his ongoing incar- AA ceration, it is worth con- sidering how judicial bias in Malaysia forms part of a wider process of what might be termed ‘market justice’.

Political authority can be viewed as a commodity competed for in a market context, though, most of- ten, not the ‘free-market’ type the elite would have us think. Where ‘open political competition’ is not enough to secure control of that market, various forms of repres- sion usually follow, intrinsic to which is the market justice meted disposal was the courtroom, a white rule and corporate power. out by the judicial elite. place where action against dan- Anwar, in contrast, was an in- gerous ‘market competitors’ is sider, but still a perceived non- It is not simply that judges are of- ruthlessly dispensed. player. More particularly, he was ten prejudiced towards the estab- a potential whistleblower, that lishment. They are part of it. Their Consider, as examples, the vary- most dangerous irritation to the function is not merely to arbitrate ing cases of Anwar and Mandela. ‘political boardroom’. court claims, but to manage the Each posed a different type of po- multiple fallouts and crises cre- litical problem. Yet, both were Competitive ated by the system. Upholding locked up as worrying threats to Market Justice this highest ‘judicial prerogative’, established systems of power. the decision to lock Anwar away Mandela was an external danger, Anwar’s other misfortune, or per- was made not only by a robed ap- someone immediately outside the haps misjudgement, in 1997-98 pointee, but by a set of executive elite structure; a ‘terrorist’ subver- was to have been caught between directors intent on maintaining a sive and serious impediment to two contending sides of market rigged political system. At their the continuing monopolisation of justice. On the one side (as foren-

Aliran Monthly : Vol.24(2) Page 7 sically detailed by Khoo Boo Teik plays a complementary role in jus- to retire its former ‘regional man- in Beyond Mahathir), were the in- tifying economic theft and miti- ager’, this type of justice illus- ternational free-marketeers, gating the crime of military inva- trates not only the purpose of US backed by a foreign business me- sion. Thus, through the various clientism but, like Noriega in dia, who saw Anwar’s ascension, filters of media interpretation and Panama, the way in which such the crisis and proto-IMF-type government spin, are such actions figures become redundant when ‘market reform’ as key opportuni- transformed into the common lan- their market function is exhausted. ties for achieving a more favour- guage of ‘necessary intervention’ Just as corporations sweeten and, able investment climate. On the and ‘moral retribution’. ultimately, takeover awkward other side stood the market inter- competition, so has Saddam been ests underwritten by Malaysia Inc. These and other forms of market displaced as a spent force, his fate — most notably, the domestic con- justice are clearly evi- glomerates and cronies created by dent in Iraq. When Mahathir’s version of privatisa- Saddam was pulled tion. from his hole near Tikrit, he was paraded (and In defending the latter, Mahathir’s humiliated) not just as resistance to the IMF package was a homicidal despot, but part of a stand-off which drew as a failed participant Anwar into an ultimate show- in the same high-stake down with the BN system. power game. As his ‘de- Caught up in this market calcu- briefing’ quietly pro- lus, Mahathir used the reflation/ ceeds over the where- capital control agenda, alongside abouts of supposed the ‘sexual misconduct’ smear, to weapons of mass de- bankrupt Anwar’s career. Thus, struction, so we are as- somewhat perversely, Anwar’s sailed with ‘pre-trial’ fate was partly realised by the as- propaganda about pirant neoliberal forces which pro- bringing a tyrant to jus- moted and patronised him from tice. But what that without, and sealed by that set of propaganda discreetly competing interests which con- hides is the market justice used to now to be judged in ways which spired, judged and jailed him ‘support’ Saddam in the first keep Washington’s own dirty from within. When judges Augus- place. ‘trading’ practices safely hidden. tine Paul and Arifin Jaka handed down their verdicts, they were, in This is the market justice that This corresponds precisely with effect, following the mercenary helped keep Iraq and Iran locked the rise of neoliberal-militarism. logic of competitive market justice. into a devastating war. It was the Driven by Bush’s business-serv- market justice that provided cor- ice politics, and the Pentagon’s in- Selective porate profit from weapons sales creased hold over foreign policy, Market Justice and the chemical nerve agents a new confluence of military-cor- used to gas the Kurds at Halabja. porate forces has now imprinted It is with a keen eye to the selec- It is, with perverse irony, the mar- itself over previous liberal and tive enforcement of market justice ket justice being used by US troops neoliberal versions of the state. that political and corporate elites to shoot dead Iraqi citizens caught Modelled by the US, the net effect, also exploit developing countries, stealing oil. And it is the same post September 11, has been a trade arms, appropriate oil and market justice now being invoked wider turn to state retribution as rationalise mass murder. Here, to punish Saddam himself. other governments and judges uti- media propaganda, as part of the lise the new ‘anti-terrorism’ cli- same corporate-market system, As Washington decides how best mate to curtail civil liberties. Like-

Aliran Monthly : Vol.24(2) Page 8 wise, (as predicted) the white- we see a striking correlation be- washed Hutton Report (January tween the fearsome market funda- 2004), exonerating the Blair gov- mentalism underpinning US so- ernment over matters pertaining ciety and its grim claim to having to Iraq, leaves us in no doubt about the highest per head prison popu- British judicial bias and the estab- lation in the world — again, dis- lishment’s capacity for blatant proportionately black. Likewise, cover up. the stark security notices fronting the wealthy lawns of Beverly Hills Property Rights give further indication of the price And Retributive to be paid for ignoring the admo- Market Justice nitions of US market justice.

Retributive market justice also ex- In contrast, grand corporate lar- tends into all areas of common ceny and ‘creative auditing’ is crime. Although the punishment treated with relative leniency. for ‘theft’ is usually weighed ac- Thus, have Enron executives cording to the degree of market (linked to Bush) and other CEOs down by the IMF to countries like value (whether in money or prop- been able to steal millions and Argentina, a once developed na- erty), it is the poor who are more raid their company pension funds tion now ravaged by the disproportionately sentenced. In without commensurate penalty. neoliberal market. Here, again, it Britain, judges consistently apply Of course, the judicial system will is those at the bottom of the pile this class-based bias, even to the demand that the elite too — cor- who have taken the harshest slice extent of sending poor single porate and political — must on of market justice — cuts, austerity mothers to jail for non-payment of occasions be sanctioned. How- and economic retrenchment. In small debts. They do so on the ever, this is not intended to equal- addition, the country’s ‘corral’ basis of market rationality, a set of ise human rights, but to sanctify banking law, imposed by the IMF codes predicated on the sovereign the higher law of capitalist prop- and upheld by the courts, have ideal of private property. Thus, erty rights — again, selectively prohibited people accessing their did a recent Channel 4 (TV) inves- applied — and the fiction of fair basic savings, while the domestic tigation reveal the extent to which market justice. elite and international bankers British High Court judges are still quietly spirit their wealth out of mainly drawn from upper class The Market Justice the country. backgrounds, many with little Of Trade And practical understanding of wider Human Rights The type of international justice social norms. More disturbingly, proclaimed by Bush and Blair is a high proportion were exposed The same rationale applies to also premised on the selective laws as having overseen frequent mis- countries seeking legal redress of the market. Here, the interna- carriages of justice, their mistakes through bodies like the World tional courtroom at The Hague is and biases shrouded by the lack Trade Organisation (WTO). Of lauded as a definitive arbiter of hu- of any simple statutory power of those judged to have ‘violated’ the man rights. Yet, it is a venue where removal. laws of the global market, it is the Milosevic may be tried, but cer- poorest, notably African, states tainly not those Western figures re- The prioritisation of property over who are most systematically pun- sponsible for mass killings and people is perhaps most evident in ished. Their ‘crime’, most often, economic theft in Iraq, Latin the US where, under California’s is resisting the WTO’s ‘free-trade’ America and elsewhere. Besides ‘three strikes’ law, life tariffs are rules or the IMF’s and World Washington’s unilateral rejection being handed down, mainly to Bank’s imposed privatisation of the new International Criminal poor blacks, for petty theft and agenda. In similar fashion, pain- Court, the bias is most obvious at other minor crimes. Indeed, here ful sentences are being handed Camp X, Cuba, where the ‘inviola-

Aliran Monthly : Vol.24(2) Page 9 ble’ rules of international liberal Besides a general failure to make justice are not so much suspended much headway, the recent removal as simply ignored. Compounding of its ‘liberal’ executive demon- America’s judicial image problem strates just how much autonomy is the (Amnesty documented) the BN will allow it. As much of brutalisation of prisoners still tak- the NGO community have come ing place in US jails. Here, the mar- to see, this was always a damage ket imperatives behind the ‘lock- limitation exercise intended to re- em-up’ policy are slowly pulling store some semblance of public the judicial system towards legiti- faith in a now dangerously de- macy crisis. Likewise, as the US graded institution. continues to hold court in Iraq, Af- ghanistan and other lands, we see With elections now imminent, the prospect of a more vengeful Abdullah Badawi has launched ‘day of judgement’ for pax-Ameri- yet another anti-corruption drive, cana itself. complemented by the usual forms of electoral chicanery, including Anwar And The development would be another the hyped threat of riots in False Economy Of key test for Anwar. After all, it is Penang. Yet, not even another BN Market Justice political incorporation, as well as victory can repair the sustained compliant judges and corporate damage to the judicial system, the How, one might ask, does Wash- cronyism, which keeps the system problems of legitimacy for the po- ington’s ‘prisoner of conscience of market justice sustained — the litical elite and the turn to a more support’ for Anwar sit alongside very system that sent Anwar critical political consciousness these denials of international le- down. among Malaysians. gal procedure? Part of the answer, at least, lies in that other applica- Yet, ultimately, it is this com- All this is probably of little com- tion of US market justice, which pounded failure of legitimacy — fort right now to Anwar as he tra- has seen Anwar’s case conven- the increasingly transparent in- vails the last despairing corridors iently sidelined as Bush promotes justice of market justice — that of the appeals court. But, as an new ‘security understandings’ threatens the ruling elite even ongoing political liability, his is with the BN. more. The crime committed by an example of how market justice Augustine Paul and his judicial acts to uphold the system, yet un- Back in the BN’s own ‘political associates was not just that of dermines itself through constant boardroom’, there are suggestions complicity to delude the public, and ruthless abuse. Such was the that Abdullah Badawi and his but to delude themselves. They case with the apartheid courts in new co-directors may be consid- alone will have to live with that. South Africa. Just as it took a Truth ering a tactical plan for Anwar’s But what many such judges can- Commission to exorcise the many early release. One can only specu- not perceive — being so embed- sins of that regime, so will there late. But, if so, they will need to be ded in the self-same system — is be a day of reckoning for the ex- satisfied that his liberty precludes their very part in this longer proc- cess applications of Malaysian any serious threat to Malaysian ess of delegitimisation. market justice. q market justice — corporate, politi- cal and judicial. If Anwar’s re- As Tian Chua and the BA’s other turn is to be allowed, it may only ‘usual suspects’ await the ever- Glasgow-based Dr. John come about through his accept- present threat of detention, Hilley is the author of “Ma- ance of the same, stacked system Suhakam, the ‘independent’ gov- laysia: Mahathirism, He- rather than his ability, or desire, ernment-appointed human rights gemony and the New Oppo- to change it. Resilient will and body, still claims to be addressing sition” (London: 2001) good health permitting, any such the deficits of Malaysian justice.

Aliran Monthly : Vol.24(2) Page 10 ELECTION 2004 EXPOSED: Dark Secrets Of The Private Sector Abdullah Badawi should also focus on private sector corruption by Anil Netto

n his much-hyped war recording of expenses in the ac- Marketing department personnel III on graft, Abdullah counts. Thus, a firm’s manage- and traders can also manipulate should not ignore cor- ment is able to show a higher or a financial results by issuing ruption in the private lower profit figure to suit its cir- dummy contracts or by hiding sector. Many people tend to think cumstances. It may want to show losses in “suspense accounts”. that private sector corruption does a lower profit figure - to save taxes This was illustrated in the case of not hurt national interests but this or to provide a cushion for future the spectacular collapse of is not true. years. Or it may want to disclose Barings Bank - thanks to the ac- a higher profit figure for the year - tivities of a rogue trader who had As the Enron case in the United to match overly optimistic profit too much power and too little su- States revealed, corruption under- forecasts that were issued earlier pervision. mines outside investors’ confi- to entice investors to buy shares dence in the national economy, in the firm. This kind of unethical In some cases, the directors of hurts genuine retail shareholders accounting practice is often cyni- listed companies allow their pri- and undermines confidence in cally referred to as “creative ac- vate business interests to get corporate governance and exter- counting” or window-dressing. mixed up with the public firms nal auditors. The effect of a big they are involved in, thus hurting firm going down due to fraud can Within companies, corruption minority shareholders’ interests. be devastating to the national most often occurs in the purchas- For instance, a director of a pub- economy as well. Private sector ing, equipment procurement, per- licly listed steel firm may also be corruption also eats up corporate sonnel, and store departments. Ex- involved in a private property de- profits and may reduce public rev- ecutives are often tempted with velopment firm. If the property enue from taxes. kickbacks in the purchase of development firm finds it difficult goods, equipment or services at to sell its expensive condomini- “Creative Accounting” inflated prices. Quite often, a com- ums, the director might be tempted pany’s system of internal control to sell the condominiums to the Unscrupulous accountants use all (checks and balances) can be sub- subsidiaries of the publicly listed kinds of tricks to manipulate verted or over-ridden when staff steel firm – in which case the profit figures. These include mak- from different departments con- shareholders of the public firm ing subjective and arbitary provi- spire to commit fraud. For exam- suffer. The condominiums tie up sions for obsolescence of stock ple, if staff in the accounting de- the financial resources of the and provisions for doubtful debts. partment and the store work to- listed steel firm and its subsidiar- gether to approve payment for ies, which don’t really need those Devious accountants can also goods that were never received, condominiums. manipulate financial results by they can get away with major bringing forward or deferring the fraud. All these unethical practices re-

Aliran Monthly : Vol.24(2) Page 11 duce profits and ultimately hurt tors. In Malaysia, we have had so shareholders’ interests. many banking and financial scan- dals involving billions of ringgit, “Hot Tips” but can anyone remember the last time where an audit firm exposed Another area of concern is insider major corruption and fraud or trading of shares where those in when an audit firm was charged positions of trust make use of in- with negligence for not exposing side information of a company’s major fraud? potential to profit from share trad- ing, as the Enron case revealed. In True, external auditors are only the end, it is the minority share- supposed to be watchdogs (to cer- holders who suffer. tify that a firm’s accounts reflect a “true and fair” view of its per- Directors of listed firms can also formance) and not bloodhounds mislead their staff, the media, and (out to detect all corrupt practices). the public into buying their firm’s Nonetheless, they should be able shares by providing “hot tips” to detect obvious and major fraud while they (the directors) them- staring in their face. selves are selling the shares. By the time the staff and the public Auditors are supposed to be in- protected if a proposal to review find out that the “hot tips” were dependent and professional. Far the Companies Act 1965 goes not so hot after all, it would be too too often though, the partners of through. Domestic Trade and late and they would be left hold- audit firms develop a cosy rela- Consumer Affairs Minister ing the “baby” (shares that have tionship with their clients. Audi- Muhyiddin Yassin said recently dramatically fallen in value).. tors rely for their income on audit the Companies Commission had and consultancy fees paid by their submitted a series of proposals on To protect minority shareholders, clients. In these circumstances, amending the Act aimed at im- there is a need to review and re- how independent can auditors be proving corporate governance. form the Securities Commission to if one of their major clients decides But it is not enough for ensure it is totally independent. to “massage” the figures and in- whistleblowers only in the private dulge in “creative accounting”? sector to be protected. What is Some firms hire people who are Will auditors be willing to act as needed is a comprehensive well-connected to the ruling poli- whistleblowers if prominent poli- Whistleblowers Act to provide ticians solely to “open doors” in ticians are involved in dubious wide-ranging protection for the government bureaucracy and corporate practices? whistleblowers in all sectors - to make it easier to secure licences whether in political parties, and contracts. Why should this be Enron exposed how even so re- NGOs, the private sector or the the case if our civil service is hon- spected a firm of auditors as government. est and professional? Again, any Anderson could work hand-in- war on corruption must extend to glove with their clients in destroy- You may have all the best meas- these areas. ing evidence. On the local front, ures to prevent corruption and what do the external auditors of unethical practices, but the cru- Watching Perwaja Steel, for instance, have cial question is: will the authori- The Watchdogs to say for themselves for not sig- ties act against a top-ranking nalling that something was seri- Cabinet member, well-con- When discussing corporate cor- ously wrong with the firm? nected firm or prominent tycoon ruption, we need to take a long suspected of fraud or corrup- hard look at the auditing profes- In this regard, it is heartening to tion? Or will the usual foot-drag- sion and the role played by audi- note that whistleblowers will be ging take place? q

Aliran Monthly : Vol.24(2) Page 12 ELECTION 2004

How About Auditing ’s spouse, Laila Taib, and his children are the majority shareholders of Bigger Fish Instead? Sitehost Pty. Ltd., Australia, a com- pany which owns the Adelaide How About Au- late American showman Liberace Hilton Hotel. Company records diting Bigger for close to US$2 million”. He dated December 2000 show them Fish Instead? “lives in a well-guarded palatial holding 95 percent of the company home in Kuching and rides in a or 9.5 million fully paid up shares Ever since our cream-coloured Rolls Royce. A of Sitehost. Onn Mahmud (Taib good Prime Min- dapper dresser, he is partial to Mahmud’s brother), Taib’s ister Abdullah double-breasted suits and sports daughter Jamilah Hamidah Taib Ahmada ring with a walnut-sized red and her husband Sean Murray, Badawi’s excit- gem surrounded by small dia- are listed as director-shareholders ing anti-corruption programme monds”. Presently, he lives in a of SAKTO Corporation, a major saw the arrest of Eric Chia and palatial private estate outside real estate operator of non-resi- Kasitah Gaddam, I have been ask- Kuching along Jalan Bako in a dential buildings in Ottawa, own- ing myself, “Why only hunt ikan choice location called Demak Laut ing and managing over half a mil- bilis in KL and Sabah? Why not fronting the Sarawak river. lion square feet of prime office also audit some bigger fish in space with affiliate offices in the Sarawak?” In the late-1980s, clients loyal to US, Asia, the UK and Australia. Taib collectively were estimated to As well, they own SAKTO Devel- For example, many know that the control 1.6 million hectares of tim- opment Corporation, a multi-mil- Chief Minister (CM) of Sarawak ber concessions. By 2000, lion dollar development and con- since 1981, Pehin Sri Abdul Taib Mahmud family members had struction company in Ottawa, Mahmud’s family, has a rags to major investments not only in while Jamilah is the sole director riches story. Abdul Taib Mahmud Sarawak and Malaysia but also of SAKTO Investment Corpora- insists his family made their in other parts of the world. tion. money via hard work in business. But many observers remain scep- Taib Mahmud’s sons, Sulaiman Now, it may well be that the tical and wonder how his siblings Abdul Rahman Taib and Mahmud family is one of the best and children came into all that Mahmud Abu Bekir Taib, are the and most astute business families wealth, both locally and overseas. two key directors of Cahya Mata in Malaysia. And more power to Sarawak (CMS), a multi-million them on that account. But much Born into impoverished circum- ringgit financial and infrastruc- of their known wealth has arisen stances in 1936, Abdul Taib ture conglomerate listed on the during the tenure of Abdul Taib Mahmud is an ethnic Muslim- KLSE that thrives because it re- Mahmud as Sarawak CM. Is there Melanau who traces an aristo- ceives lots of patronage projects then any wonder why there exists cratic link to the Royal Court of from the Sarawak government via so much public scepticism about Brunei. But since becoming CM, PPES Works, a CMS subsidiary the sources of Abdul Taib Taib has been previously de- company jointly owned with the Mahmud’s family wealth? Would scribed, at various times, by the State government. CMS also owns not a transparent audit do well to international media in the follow- Bank Utama that engineered a re- quash such obviously unscrupu- ing terms: He is “flamboyant with verse takeover of RHB Bank in lous rumours once and for all? q expensive tastes” and is said to 2003. And CMS continues to eye have “purchased the piano of the the Bakun mega-project. Libau Rentap

Aliran Monthly : Vol.24(2) Page 13 SOCIAL JUSTICE Has Malaysia Really Eradicated Poverty?

Unrealistically low poverty line results in rosier statistics by Jeyakumar Devaraj

n its article titled “The The Poverty Line below RM3,000 per month and 25 II Mahathir Mystique”, per cent of households earning III Newsweek, (23 November Generally speaking, the poverty below RM1,000 monthly. The 2003) terms Malaysia as rate can be lowered by two meth- same document (8MP) also speci- an Asian success story where “the ods. The first is by raising the in- fies the poverty line for percentage of Malaysian house- come of the poorer families to Semenanjung Malaysia as holds that fall below the poverty above the poverty line. The sec- RM540 per month for a family of line has plunged from nearly 50 ond method, and undoubtedly the five individuals. Is this a realistic per cent to an estimated 6 per cent easier option, is to lower the pov- figure? in 2000.” The figures quoted by erty line itself! Newsweek are lifted from A Living Wage? Mahathir’s 2004 budget speech in Malaysian household income Parliament on 12 September 2003. distribution as quoted in the Can a family of five survive on an From the horses’ mouth as they Eighth Malaysia Plan is pictured income of RM550 per month, say — but unfortunately some in Table 1 — with 75 per cent of given the cost of living in Malay- horses have learnt to bluff! Malaysian households earning sia today? Where would they

Table 11Table Chart Based Malaysian Household On Table 1 Household Income Monthly Income 2002 (RM/month) 5000 Current Prices

RM % > 5000 9.8 4000 4001 - 5000 5.5 3001 - 4000 9.6 3000 2001 - 3000 17.4 1001 - 2000 32.7 501 - 1001 20.0 2000 Realistic < 500 5.0 Poverty Line 1000 Source: Eight Malaysia Plan. (This might be better pictured Govt Poverty Line as a chart - please see chart)

Aliran Monthly : Vol.24(2) Page 14 live? And can their children go to used the definition used in Brit- school? Yet given the govern- ain, households earning less than Table 22Table ment’s definition, they would not RM1,600 per month would be Household be classified as being poor. considered as poor! If RM1,600 per month is taken as the realistic Expenditure At a meeting with 60 factory work- poverty line, then around 50 per (per month) ers in Sg Siput recently, we asked cent of Malaysians are poor — see them to suggest a reasonable the Income Pyramid overleaf — RM household budget, and the out- and this is the level of poverty as House Loan 400 come of that exercise is summa- quoted by Mahathir for 1970! Marketing 300 rized in Table 2. The participants Groceries 300 felt that the cost of buying a house No one is denying that there has School expenses 200 and a small allocation for savings been significant growth in the must be part of a balanced family national economy. Per capita in- Motorbike 1 5 0 budget. In their opinion, any fam- come (Per capita income = total in- Medical/Clothes 1 0 0 ily with a household budget of come of the nation for that year di- Festivals/Trips 1 0 0 below RM1,750 would be facing vided by the population) has soared Light/Water/Phone 1 0 0 economic hardship; from RM1,132 in 1970 to Insurance/savings 100 RM13,683 presently! (Incidently, ------A Realistic this would work out to an aver- Total RM1,750 Poverty Line age household income of ------RM5,534 per month.) However In Britain and in several other as the income distribution pyra- countries in the European Union, mid depicts, the distribution of statistics is that it hasn’t been the poverty line is defined as one income in Malaysia is skewed to- challenged by the mainstream half the average household in- wards the rich, and there is still media nor by the academicians. come. In Malaysia, the average significant poverty in Malaysia. Big Brother’s doublespeak (term household income is RM3,200 per used by Orwell in his book 1984) month. Half this figure would be Perhaps the most incredulous apparently rules supreme in RM1,600. In other words if we aspect of Malaysia’s poverty Malaysia today! q

Aliran Monthly : Vol.24(2) Page 15 ELECTION 2004 Freedom Rules If Fear Is Dead Do not let fear overrule your freedom of choice by Charles Hector

he general election is is the fear of future repression TT here again, but the ques- and/or oppression by the State, TTT tion is whether you, the fear of being ‘targeted’ or Malaysian voters, will ‘black-listed’. We will now look at allow fear to dictate your choice some of the common fears that of candidate, or will you this time have kept the Barisan Nasional follow your minds and hearts government in power for all these when casting their votes come elec- years since independence. tion day. Freely choose - and not choose by reason of fear - your Generally, for the non-Malay vot- elected representatives this com- ers, the fear of a repeat of the ra- ing election for the good of Ma- cial riots of 1969 if the Barisan laysia and all its people. Nasional loses in the General Elec- tions is still there. Two elections Fear has been a factor that has kept ago in an area like Kampung the Barisan Nasional, a coalition Medan, a lawyer friend left his of 13 political parties, in power all home and went away because he these years with a greater than believed that racial riots would future promotions will be jeopard- two-thirds majority in the lower follow if the Barisan Nasional ised if they vote for a candidate house of Parliament. And what is candidate lost. This fear appar- not from the Barisan Nasional even sadder is that this fear has ently is still very real in the minds parties. They believe that they will been consciously or uncon- of people irrespective of economic be transferred to some “ulu place” sciously propagated by those in class and educational back- if the authorities found out. power, who have become over- ground, and seems to be strong- confident and have forgotten that est in those who lived through the Residents from the poorer income the rakyat are the bosses. They 1969 episode. But what is sad is group who live as tenants in the have forgotten that all that is done that many really do not even have Bandaraya and/or Majlis must be done for the benefit of all an understanding or analysis of Bandaran(or municipal) flats be- the rakyat, not just the few in what really happened, why it lieve that their tenancy will be ter- power and their friends. happened and/or how serious it minated or not re-newed if they really was. were to vote for a candidate not The Fear? from the Barisan Nasional parties. ‘Government servants’, a term In Kuala Lumpur, the tenancy pe- Based on experience, this fear used consciously by the state riod, several years ago, was re- comes in many different forms through the media as opposed to duced from five years to three years and it is different for different the more correct term ‘public serv- and this has had the effect of mag- groups of persons. The main one ants’, believe that their jobs and nifying this fear. Note that in these

Aliran Monthly : Vol.24(2) Page 16 tenancy agreements, the authori- will have difficulties with their enhance the fear in Malaysians of ties have the sole discretion as to permit renewals and/or applica- what will happen if the Barisan whether to renew or not to renew tions. Nasional was not in power. the tenancy agreement. And lastly some people are just Islamic State ... yet another slogan This fear can also be found afraid that they will be blacklisted used to scare the non-Muslim among urban settlers (some- - or even arrested under the ISA if voters...but then one wonders why times derogatively referred to as they support and choose the the non-Muslim DAP members in ‘squatters’) and for those who wrong candidates. Terengganu refused to abandon live in the Rumah Panjang (tem- their positions in the Terengganu porary housing for persons dis- Dispel Your Fears PAS-led state government? Why placed from the land they pre- indeed do the non-Muslims from viously resided on while they Wake up, oh people of the PAS-held states of Kelantan wait to be given the opportunity Malaysia..we have been inde- and Terengganu not seem to be to purchase low-cost accommo- pendent for over 45 years now, complaining? Let us not forget dations). The fear is that they and how long will we let fear dic- that Islamic revivalism, and the will not get the opportunity to tate our life? How long will we insistence on the ‘tudung’ all buy and own their own low cost allow our God-given freedom to started in the institutions of higher homes if they are found out to think and act to be suppressed by learning in places like Kuala be voting for non-Barisan all these fears..and worries? How Lumpur and Selangor - not Nasional candidates. This ex- long will we allow the Barisan Kelantan, not Terengganu. plains possibly why the current Nasional government to con us, Malaysian government, al- to suppress us, to shackle us … The myth that only the Barisan though able to expend mega by instilling fear in the hearts and Nasional can rule was dispelled bucks on mega projects, has till minds of the Malaysian people. when Kelantan fell to PAS, and today chosen not to completely Anger … that is what we must continued to be governed by the alleviate the housing problems have … anger at ourselves for our PAS government for three terms of the poor. weakness...anger at the people now. The people of Kelantan (and who have kept this fear alive in now Terengganu) are not igno- The fathers and mothers of chil- us all these years. “Fear, be gone … rant, stupid or foolish but are just dren are afraid that their chil- be gone and I will no longer be afraid as aware, intelligent, rationale dren’s chances - to get into the ... and will no longer allow people to and bright as other Malaysians - good residential schools, to get make me afraid … and I will hereaf- and I believe, that if their non- chosen for matriculation ter exercise my freedom to choose my Barisan Nasional government prorammes and/or overseas representatives as I will … no longer could not perform, the people study opportunities, to get stu- be dictated by fear” would have voted out the PAS dent loans and/or scholarships - government. Now do not forget will be jeopardised if they vote for In the print and electronic media, that Tunku Razaleigh Hamzah is non-Barisan Nasional candi- which is controlled via the gov- Kelantanese too. And remember dates. ernment by anti-freedom laws and also that British television pro- through ownership by persons/ gramme “Yes Minister”, which re- The business people are afraid companies associated with the minds us that the government and that their opportunities to get gov- Barisan Nasional component the running of the country is re- ernment contracts and projects, parties or their leaders, it is not ally done by the civil service or the their ability to get migrant labour uncommon for us to be exposed public servants. Ministers and and their accessibility to to all the ‘bad things’ that is hap- Governments can come and go but goverment subsidies and entre- pening in other countries - like ri- Malaysia will still be OK and de- preneur loans will be jeopardised ots, wars, killing and sufferings. veloping as usual. if they are found to have voted for Why aren’t the good things high- non-Barisan Nasional candi- lighted? Well, I believe that it is a What we see in TV and read in dates. They are afraid that they well thought-up subtle strategy to the newspapers cannot really be

Aliran Monthly : Vol.24(2) Page 17 blindly accepted as true - for af- The arrest and charging of just message that if it does not per- ter all how the media can be ma- two persons, one a Minister(who form, and does not do things for nipulated to convey a biased is a Senator) and another an age- the benefit of all Malaysians, then and false picture was shown ing businessman will not deceive beware for we shall vote it out and when the Malaysian govern- Malaysians into thinking that the give the chance to some other ment itself highlighted this Barisan government has changed. party. point about the western media’s coverage of the wrongful US in- The people of Kelantan and The people of Kelantan and vasion of Iraq. So now, we have Terenganu had never before en- Terengganu have paved the way, the Al-Jazeera channel in joyed as much attention from the now maybe the rest of us ASTRO. Guess what friends - Barisan Nasional government as Malaysians can also dispel our similar things happen also with they do now. Likewise, Kedah and fears and freely exercise our our very own print and elec- even Perlis where the Barisan right to vote, and maybe vote in tronic media, where it is obvi- Nasional just scraped through such a way so that the Barisan ously biased in favour of the has become the focus of the BN Nasional loses its two-thirds Barisan Nasional and that is government’s spending and de- majority this time - for after all, more than evident during this velopment projects. Here is a les- all that is needed to form the period. son that all Malaysians must government is a simple major- learn - for if the BN thinks they ity. A two-thirds majority is only Barisan Nasional can no longer win easily, then the needed if one wants to amend Is Also Fearful people benefit more from their gov- the Federal Constitution - and ernment. Hence, if we all vote for everything else, like the pass- Yes, they are indeed afraid of the wisely to reduce the Barisan ma- ing of laws and the running of rakyat. They are afraid that the jority, and even possibly to de- the government, all that is people once blinded with fear can prive the BN of its two-thirds ma- needed is a simple majority. now see - and that ‘mere slogans’ jority, then all ordinary and ‘dramatic gestures’ will no Malaysians will receive greater Freedom should reign, and let fear longer work. Soon the government attention from the government for be buried for a better Malaysia.q will be forced to ensure that the the next five years or so. And this wealth of the nation will have to attention will take the form of Charles Hector is an ordi- be better used for the benefit of greater development, cheaper nary Malaysian from ALL the rakyat, and not just for public amenities and who knows Pahang.Pahang.Pahang. the chosen few in power and their ... maybe even toll-free roads. cronies. After the fall of Kelantan and then Free education, free roads, free Terengganu, the BN government health services, cheaper water, is indeed fearful that the cheaper electricity, cheaper sew- Malaysian people are no longer age treatment and cheaper utili- filled with fear, and are becoming ties, and a more efficient and clean FREER and WISER and will at last government will have to become force their representatives in Par- a priority and a reality in Malay- liament and the State Assemblies sia. We once had all these but these to perform their duties as the peo- slowly disappeared because of ples’ representatives - and most the wrong emphasis placed by the importantly for the benefit of the Barisan Nasional government people, not just for their or their when it came to spending our cronies’ benefit. money and our resources - yes our money. Corruption, which is there Let us turn the tables now, and at the very highest levels of gov- transfer the fear from the people ernment, will have to really end. to the government sending a clear

Aliran Monthly : Vol.24(2) Page 18 ELECTION 2004 The Media Circus Comes To Town

If past performance is any guide, the mainstream media are once again likely to make a spectacle of themselves in the run- up to the polls by Mustafa K Anuar

bdullah Ahmad where he is seeking to be presi- Badawi, the anointed dent in his own right. For all in- AAA successor of former pre- tents and purposes, he needs to mier Mahathir boost his credentials before he can Mohamad, officially declared the confidently preside over the com- dissolution of the Malaysian par- ing Umno general assembly and liament on 4 March 2004, paving the all-important party elections. the way for what promises to be an electoral contest that will be All this means that Abdullah fought tooth and nail especially needs not only to garner votes that by the Barisan Nasional (BN). would return the incumbent BN into Parliament by at least a two- For Abdullah, this general elec- thirds majority but also to wean tion is vital, as he needs to seek a some Malay voters from Umno’s fresh mandate from the Malaysian political foe, Pas, and, to a limited electorate. He is still perceived as extent, Keadilan. And given the someone who merely took over the uncertainty until now over Malay baton from someone else who had votes in certain mixed constituen- been running an extremely long cies, he needs to seriously woo the race. Abdullah also needs to con- Chinese voters and, to a lesser solidate his position in Umno degree, the Indians.

Aliran Monthly : Vol.24(2) Page 19 Leaning On from, such as the Orang Asal, the Kelantan and Terengganu. Such The Media children of the poor, the ethnic mi- images of the pathetic conditions norities, and the people of the in- of the poor Malay in some parts of It is against this political back- teriors in Sabah and Sarawak. these two states will be juxtaposed drop that the mainstream media with ones showing relatively bet- operate in the run-up to the 11th Hoodwinking ter-off people in other states of the general election. The incumbent The People peninsula. The media would see BN would, as was the case in the to it that this harsh ‘social reality’ last few general elections, lean on As if this isn’t enough, ministers, gets the attention of all concerned these media in its battle to win the under the glare of the media spot- Malaysians. hearts and minds of the elector- light, will tell all and sundry that ate. The signs were already there they’re giving development good- The BN would be portrayed as a even prior to the dissolution of the ies to, say, the rural folks who political party bent on trying to Parliament. The mainstream press probably have all these years been help these ‘unfortunate’ people in as well as TV stations have gener- complaining about the dilapi- the northeastern states of the pe- ally painted the ruling BN in the dated clinics, unsafe bridges and ninsula. But, the people there, so most positive light possible. untarred roads. As a finishing goes the explicit or implicit argu- touch, new carpets will grace the ment circulating in the media, will For instance, the media went to old floors of the old community need to help themselves by restor- town with the latest figures from mosques. Kids will have spank- ing the BN to power. Bank Negara that indicated an ing new bicycles to go to school improved economy, a develop- with, and their farming fathers RTM, apart from the other media, ment that the media ferociously at- will have a new supply of pesti- will painstakingly focus on the tributed to the so-called adept cides and fertilisers. ‘problematic’ states of Kelantan handling of the economy by the and Terengganu. So-called TV BN government. This is certainly In towns, the TV and still cameras documentaries and news reports part and parcel of the politics of will zoom in on ruling politicians will emphasize the ‘economic ‘developmentalism’ that the BN who show concern over clogged backwardness’ of these two has been waging in the recent drains and uncut undergrowth states. In addition, they will high- past. behind a housing estate. In fact, a light Pas’ problematic approach minister may well officiate a rela- to cultural activities especially of It is therefore unsurprising that tively new market that has been the non-Muslims and also exploit the media have already high- in operation for the past few to the hilt Pas’ controversial no- lighted development projects in months. New low-cost housing tion of an ‘Islamic State’. various states, especially those for the poor will be promised to under BN rule. At the same time, neglected people. The notion of a This concern for the welfare of all a number of the ordinary people ‘caretaker government’ will be Malaysians irrespective of their have been interviewed by the me- thrown out of the window. ethnic and cultural backgrounds dia not only to elicit their happi- is, we’re told, the concern of the ness over material comforts but This is of course part of the politi- prime minister and his BN gov- also their gratitude to the govern- cal, and media, strategy to rein- ernment. Which is why the em- ment. force the ‘feel good’ factor among phasis on ‘we are all Malaysians’ the voters: the economy is doing and ‘work with, not for, me’ has This is of course not enough. The well and the government has the been highlighted in the media. It Ministers of the caretaker govern- money to relentlessly pursue ma- is also another BN way of saying ment are likely to personally go terial development. that there isn’t any political or down to the ground (turun padang ideological gap between the BN in Malay) to display their care and Contrasting Images and the ordinary rakyat. This re- concern for the ordinary folk. Pre- minds us of an ill-informed con- dictably, you will see on TV or pic- All this of course pales in com- tention made by a senior editor of tures in the papers images of some parison with the images dis- an establishment daily: the peo- ministers mingling with people played of the general conditions ple are the government and the they would normally stay away of people living in Pas-ruled government is the people. Here the

Aliran Monthly : Vol.24(2) Page 20 media are expected to play a cru- sition. This is precisely a mirror mischievous – again, as in the past, cial role in pushing this line, at image of the promise allegedly when it offered radio airtime to the least during the election cam- made by Pas to the Malay voters Opposition in the wee hours of the paign period. that they’d go to heaven if it were morning. An outsider might be for- voted into power. But the Election given for thinking that the Informa- In this regard, it’s highly likely Commission (EC), one would tion Ministry believes that there are that the mainstream dailies will reckon, would not dare reprimand indeed many different time zones run editorials, articles and letters the incumbent BN as well. in the country so that a time to sleep to editors that paint the BN as a in one zone is a time to listen to the coalition that has the ordinary While there may be coverage of the radio in another. people close to its collective heart. Opposition in the mainstream media that can be considered fair, Surprises In Store Demonising such instances are few and far be- The Opposition tween. The rest of the time, the Congratulatory messages in the media will indulge in demonising form of advertisements from This is of course not to deny the the Opposition and its leaders groups and individuals in the pri- fact that there are BN policies and and magnifying the bickering be- vate sector double up as political actions that have raised the gen- tween certain opposition parties. promotion for the BN and its lead- eral living standard of ers. Apart from this, you will see Malaysians. What we’re saying Monumental Task huge political advertisements in here is that there are also certain the mainstream media taken out government policies and actions In other words, gaining meaning- by BN component parties. that have created hardship espe- ful access to the mainstream me- cially among the underclasses. dia would be a monumental task Not to forget, there may be more Certain mega projects, for in- for the Opposition. This is why it surprises in store for the stance, do not seem to have the is preposterous of the EC to sug- Malaysian electorate as we draw interests of ordinary Malaysians gest that the election campaign closer to the polling day. The me- at heart. period be further reduced to eight dia may reveal the latest waves of days only. The Opposition is faced defection of ‘important individu- As in the past, the ruling BN has with a Herculean task of unfairly als’ in favour of the incumbent BN. the tendency – and this receives competing with the advantages Or, for that matter, they may go to much uncritical attention from the that incumbency provides the BN, town with news of, say, a few mainstream media – to emphasise including the unethical use of more ‘big fish’ being caught for the promise of material progress. government machinery such as corruption as a way of showing This emphasis reaches the point of RTM and the Information Depart- that the BN party means business frightening voters that this politi- ment. It doesn’t take a rocket sci- when it comes to fighting graft. cal and economic bliss will go bust entist to know that, given the great if they vote for the Opposition. political and financial handicap, If the past performance of the it takes a longer time and more ef- mainstream media in previous In other words, BN leaders often fort on the part of the Opposition general elections is unashamedly warn Malaysians that they risk to put their messages across to the repeated - and repeated this time throwing away ethnic harmony, country. with greater gusto - the media are material prosperity and national once again likely to make a spec- security if they vote for the Oppo- RTM may try to be cynical – if not tacle of themselves. q

When a person goes to a country and finds their newspapers filled with nothing but good news, he can bet there are good men in jail. Daniel P Moynihan University Daily Kansan

Aliran Monthly : Vol.24(2) Page 21 ELECTION 2004 A Thinking Voter’s Checklist Having a headache making up your mind which party to vote for?

his time, when the gen- TT eral election comes, TTT many of us might be swayed by propaganda that things are going to get better with a new administration.

But before we make our minds up, let us reflect on a few crucial is- sues.

Basic Human Rights For All

Now human rights might not mean a lot to some of us. But if our own rights are violated, we will regulations. servient branch of the Executive surely think again. rather than as a separate branch We the citizens of Malaysia de- of government that should serve It is a basic universal right that mand: as a check-and-balance, along anyone who is arrested for an • the repeal of the obnoxious ISA, with Parliament, against Execu- alleged crime must be charged which allows detention with- tive excesses. before a court of law and be al- out trial. lowed to put up a defence ac- • greater freedom of speech, as- All citizens, whether in high cording to the principles of uni- sembly and association, in- places or low, powerful or weak, versal legal practice. The ISA is cluding the repeal of the Police rich or poor deserve to have jus- an affront to such a basic human Act tice meted out in court by fair right. It should be abolished • a professional police force that and independent judges accord- and rejected by all right-minded respects human rights ing to the principle of natural citizens. Are we aware that • an end to custodial violence justice. some 92 Malaysians are cur- and police brutality rently held without trial at the We, the citizens of Malaysia, de- Kamunting Detention Camp? Independent mand: Can we turn a blind eye to their Judiciary • fair courts with competent and plight? qualified judges, Since the sacking of the former • due process and natural jus- Freedom of expression is also a Lord President Tun Salleh Abbas tice. basic democratic right, which has in 1988, the credibility and inde- • justice for all – not only for the been systematically curbed in pendence of the Malaysian Judi- rich and powerful. Malaysia with the introduction of ciary in the public eye has nose- • justice not only to be done but various undemocratic laws and dived. It virtually acts as a sub- to be seen to be done.

Aliran Monthly : Vol.24(2) Page 22 Press Freedom

There is too much concentration of media ownership in a few po- litically well-connected hands. This leads to less freedom of the press. In addition, repressive laws deter free and independent report- ing.

We, the citizens of Malaysia, de- mand: • freedom of the press • the repeal the Printing Presses and Publications Act, the Offi- cial Secrets Act, the Sedition Act, We demand: the right of all citizens to have • the abolition of the require- • the eradication of vote buying duly elected representatives in ment for publishers and print- and corruption town councils as practised in the ers to apply for an annual li- • the elimination of phantom past. cence. voters. • the enactment of a Freedom of • an end to politicians making We demand: Information Act to facilitate a false election promises • the restoration of representa- free flow of information and to • limits be placed on the amount tive local government be re- promote greater transparency of money that can be spent dur- stored. and openness. ing election campaigns, and • the election - and not appoint- • a stop to the use of government ment of town councillors Fair Elections funds, agencies and facilities • adequate funding and facili- during the election campaign. ties for municipalities. Malaysian elections have increas- • no local taxation without rep- ingly become sullied by money Local Democracy resentation! politics; literally millions of ringgit are spent to win elections. A very important and basic right Holistic Development The Election Commission and the of citizens was set aside when lo- courts must play their role in see- cal government was abolished in Development must not only stress ing that candidates strictly adhere the early 1970s. The excuse then economic growth but also the fair to the legal campaign spending was that as city councillors were and just distribution of income limits. Other forms of electoral elected, there was too much inef- and wealth among all the people. fraud such as the use of phantom ficiency and corruption at the lo- Development must ensure that all voters, multiple registration of cal level of government. citizens are entitled to basic eco- voters and the illegal transfer of nomic and social rights. voters to different voting areas Malaysians know that today there must be stopped. We abhor the is inefficiency and corruption - We demand: fact that candidates are barred more so perhaps at the state and • a minimum wage for all work- from contesting on dubious federal levels of government. Inef- ers as it constitutes a basic eco- grounds. ficiency and corruption must be nomic right. All workers must tackled as separate problems and minimally be able to live a rela- We, the citizens of Malaysia, are not be used as an excuse to de- tively decent and humane ex- disgusted with the way money prive citizens of their basic right istence on their wages. and power is used to win influ- to democratic representation at • widespread distributive poli- ence and votes. the local level of government. It is cies in the area of taxation

Aliran Monthly : Vol.24(2) Page 23 benefits for the economically can be taken care of properly. • better management of low cost disadvantaged in the form of We don’t want to see our hos- housing projects so that they micro-credit facilities and in- pitals going to the dogs. We are will not rapidly deteriorate creased social security ben- especially concerned about the and turn into eyesores. efits. rising healthcare costs for • more parks, green lungs and • an end to the privatisation of older people, the sick and playgrounds and better public public goods and amenities - marginalized communities transport in housing areas. namely education, health and who can least afford it. public utilities. There is no • committed healthcare person- Education To Nurture proof that privatisation can im- nel especially doctors and Thinking Malaysians prove the quality of services nurses, who must put the pa- nor is there evidence to show tient above all other considera- The role of our education system that rates and fees will not be tions. is not only to produce a well- hiked. Privatisation, as it is • stricter regulation of the pri- trained and productive workforce, being carried out, only benefits vate healthcare sector to curb but also to develop character and the politically connected. the impression that they are to nurture critical and creative only interested in profits first. thinking. Our education system It’s Tough Making must also promote respect and Ends Meet! Decent, Affordable acceptance of our diverse religions Housing For All and cultures and foster national The prices of many food items integration. Today our education have risen. Fish, meat and vegeta- It is a disgrace and a major failure system is undergoing rapid but bles are now costly. How can we of the government of the day that erratic change but its quality is feed our families so that they get a housing remains unavailable and suspect. Children and parents are balanced diet? inadequate for the vast majority obsessed with exam performance of Malaysians. In contrast, in the and going to school is not a joyful Eating out is too expsnsive for the years of economic boom the gov- exciting experience for children lower-income group. Movies cost ernment has allowed housing de- who have to cope with a heavier RM8 at some places. So, old or velopers to build luxury housing workload. young, we “lepak” at the mush- and condominiums, which are rooming shopping malls, looking only affordable to the very rich We demand: at goods displayed and not buy- and foreigners. Such a policy has • quality education within ing. We wonder to ourselves, only helped to enrich a small school hours so that students “Who buys these expensive number of developers while leav- will not have to depend on ex- goods?” Add to this transport, ing the vast majority of citizens tra tutorial classes. medical and other necessary ex- exposed to high or barely afford- • a balanced the stress on aca- penditure and you get the picture. able rents. demic excellence with the ob- A good government should make ligation to provide space and sure that the cost of living is not As citizens, we demand: access for the development of always going up. • more affordable house for all, diverse talents among chil- which means more low cost dren, from the creative to the Affordable Quality and medium cost housing and scientific. Healthcare For All fewer grand projects and ex- • a system that nurtures think- pensive condominiums ing, inquiring minds infused We demand: • a cap on the ceiling price at with values such as social con- • affordable and quality RM25,000-35,000 and easy cern, integrity and compas- healthcare in our public loan or rental facilities so that sion. healthcare system (i.e. general the poorest Malaysians will be • a schooling environment that hospitals). able to live in decent houses. is safe (against crimes), one • greater government funding of • a revamp in the design so that which is comfortable (with our general hospitals so that there is enough living space for ample furnishing, no more people of all income groups a family. heavy school-bags) and enjoy-

Aliran Monthly : Vol.24(2) Page 24 able (with humane and caring assurances of long-term safety they lack power in government teachers). for people and other living or- and politics and they are also • a re-evaluation of the impact ganisms. more easily subjected to violent of privatisation and corporati- • clean air and water. crimes involving their sexuality. sation upon higher education • sustainable and environmen- and tally friendly garbage disposal We demand; • an end to entrepreneurs treat- systems that do not pollute the • affordable, high quality ing education as a commercial, air and earth. childcare facilities especially profit-making opportunity. • affordable, efficient and sus- for low and middle-income tainable public transport and working women. Environmental pedestrian friendly streets in- • a high standard of maternal Protection stead of congested roads. and reproductive health for all women. The duration of mater- In the name of economic progress, Agriculture nity leave for all women should many development projects have And Food Security be extended to at least six degraded the environment. Thus, months. for instance, our land and rivers Over the years, with the govern- • a minimum allowance for and sea are polluted by industry. ment’s zeal to industrialise, agri- non-working women whose Certain housing projects and culture has been sidelined, result- household income is below a highways cut into hills, subse- ing in the nation having to import certain range. Women tend to quently triggering landslides, foodstuffs and incur huge import spend their money on the im- floods and misery to many bills. In addition, large tracts of provements to their house- Malaysians. land have been used to plant cash holds and less on excesses crops, which do not necessarily compared to men. We the citizens of Malaysian are benefit ordinary Malaysians. To • effective action to tackle the ris- highly disturbed by the arbitrary make matters worse, excessive ing incidence of violent crimes and often facile way in which and careless use of pesticides has against women and childen, precious state and other land is poisoned much of our foodstuff, namely domestic violence, alienated for so-called develop- particularly vegetables. Agro-busi- rape, incest and sexual harass- ment projects. ness is one cause of this excessive ment. use of pesticide. • the setting up of more Wom- We demand: en’s Crisis Centres, throughout • a conscientious and holistic We demand: the country. approach to development that • agriculture that is environ- • specific mechanisms to in- will not cause irreparable dam- ment-friendly and caters to the crease women’s political rep- age to the environment. basic needs of the ordinary resentation at all levels, from • consultation with citizens be- Malaysians. local government to the senate. fore any approval of land use • a ban on GM food until it can for development projects is be conclusively proven to be Indigenous contemplated. safe for all living beings and Communities • independent environmental the environment. impact assessments and polls Many among the indigenous com- to solicit citizens’ views. Women munities do not seem to have ben- • strict laws and regulations be efited from government develop- imposed on developers. The Women contribute just as much as ment projects and remain desper- authorities must ensure that men to the economic prosperity of ately poor. That said, we would land development does not the nation. On top of it all, they argue that their cultures and life- prove to be unhealthy and un- carry a bigger responsibility in style must be respected and per- safe. nurturing the young, in preparing petuated especially if they are in • a cautious approach to bio- food, and in maintaining a live- complete harmony with nature. technology based on scientific able space in our daily lives. But But their respective cultures must

Aliran Monthly : Vol.24(2) Page 25 not be maintained solely for the gaze of the tourists.

Wasteful Projects

We abhor the unnecessary, expen- sive projects that waste our coun- try’s resources to satisfy the egos of certain people. Billions of ringgit, which could have been used to uplift the standard of liv- ing among Malaysians, have been squandered on unproductive mega projects. Mega projects also provide easy opportunities for un- scrupulous individuals to engage buildings and some public tran- have just been broken into? It isn’t in corrupt practices such as kick- sit facilities that cater for the needs only our valuables, it’s our physi- backs and bribes. They also tend of the blind and other physically- cal safety we are worried about. Will to displace traditional communi- challenged folk and the aged. we be hurt? How effective have the ties often with paltry compensa- authorities been in protecting our tion that does not take into ac- Very often, the mentally-chal- bodies, our homes, our families? count the loss of entire lifestyles lenged are even more ignored be- and communities. Mega projects cause they merely seem “strange” Or are the security personnel have drained our country’s re- and “odd”. How many parents merely interested in curbing dis- sources while enriching a few in- with autistic, or other mentally- sent and cracking down on peace- dividuals and politically con- challenged children have asked ful demonstrators demanding nected companies. The money desperately, “Why aren’t there ad- their rights? spent on mega projects could eas- equate facilities for teaching our ily have been used to vastly im- children who have these special We need to find out if our model of prove our education and needs? Why are we left to our own development, which treats human healthcare systems, wipe out pov- limited ways to help our special beings as cogs in the development erty, provide social security ben- children to learn and grow?” If machine, has alienated people, es- efits, and solve the housing prob- only some of the money spent on pecially those cut off from the main- lem once and for all. wasteful projects were used to stream of development. Has the de- help special people, we would re- humanisation of the human person The Disabled And ally be proud of “Malaysia in society contributed to a rise in Special Children Boleh”, i.e. Malaysia can and will crime? Has the lack of integrity in care for its own citizens with their public life, the corruption and A government sincerely commit- different needs. abuse of power filtered down to the ted to a caring society should not rest of society and manifested itself merely have slogans about caring Personal Security in increasing violence? but give us more action. Groups in our society who have special Malaysia was once regarded as a These are some of the concerns needs include the aged, the physi- safe country. But there have been that we should bear in mind when cally and mentally disabled (eg. many cases of snatch thefts, break we go to the ballot box. We must the blind, those in wheelchairs, ins, assault, rape, murder, and vote for democracy, for public par- the bed-ridden, the autistic, those armed robbery of late. ticipation in decision-making, for with Down Syndrome, etc.). Are respect for basic rights and for the our public facilities user-friendly How many of us wake up with a holistic development of the hu- for such people? We need to have shiver when we hear noises at man person in harmony with the wheelchair accessible public night because houses in our area rest of creation. q

Aliran Monthly : Vol.24(2) Page 26 ELECTION 2004 Say No To PORR Nine reasons why PORR should be rejected

he Government’s pro- Councillor in the MPPP. This is a the hills through which PORR posal to build the clear conflict of interest as he sits will be built. This will pose a TTT Penang Outer Ring Road in the Property Committee and the danger of landslides and will not solve the chaotic Infrastructure and Traffic Man- rockfalls to the residents suring traffic problems and has to be op- agement Committee. the construction and the entire posed for the following reasons: life of PORR. Houses Affected Lack Of Transparency Effectiveness Of PORR About 10,000 households and The lack of transparency, open- four majaor schools along the PORR is only a bypass and its ef- ness and public consultation prior PORR alignment will suffer fect will only be temporary. A rail- to the decision to implement the greatly from the noise and dust based transit system that will dra- prject causes serious concern, e.g. pollution. matically alter traffic demand will be required. * the alignment of PORR was only Detrimental Impact revealed under public pressure To Penang Port Our Proposal * the 31 hectare of prime land to be given to the concessaionaire to Peninsular Metro Works has • Formation of a State Transport offset start-up cost been given the right to reclaim Commission with powers to 202 hactares off Gurney Drive plan and implement transport Lack Of Experience, to subsidize the cost of con- solutions for the State. Management Skills And structing the PORR. The Gen- • Completion of a comprehen- Financial Resources Of eral Manager of the Penang Port sive transport policy, which is Peninsular Metro Works Commission has issued a state- made public, and with public ment that this would lead to input and feedback. This RM1.02 billion project has siltation of Penang Port, requir- • Implementation of a rational been awarded to a RM50,000 com- ing expensive dredging opera- and integrated bus system pany with no track record. tions. As there is still no EIA with a single company under- study on this reclamation, other taking the project in Penang. Potential Project Failure adverse and irreparable damage • Implementation of other traffic to the marine environment could mitigation measures as pro- With PMW’s limited resources, also result. posed by the Penang Urban even a minor setback has the po- Transport Study of 1998 con- tential to develop into a major dis- Loss Of Gurney Drive ducted by Halcrow Consult- aster. Unstable hill slopes could ants Sdn Bhd. result in landslides, endangering Land reclamation off Gurney • Expedite serious efforts to put the lives of residents along its Drive would result in the loss to in place a rail-based public alighnment. Penang of this well-known herit- transport system. age site. • A full and thorough assess- Conflict of Interest ment of the detailed Environ- Danger Of Landslides ment Impact Assessment for Dato’ Ahmad Ismail, who is And Rockfalls PORR to be conducted in a par- chairman of Peninsular Metro ticipatory and transparent Works, the concessionaire for The Extract of the EIA 1996 has manner with public consulta- PORR, has been appointed as a indicated the fragile nature of tion and feedback. q

Aliran Monthly : Vol.24(2) Page 27 ELECTION 2004 What Is A Caretaker Government? A caretaker government cannot initiate new programmes or launch new projects in the name of the government.

hen Parliament dis- in the election. If it transgresses them with the intention of obtain- WWW solved on Thursday, 4 its caretaker functions by using ing their support. This is why in WW March 2004, all Mem- the authority that a government the Scandinavian democracies bers of the Dewan Rakyat enjoys in ordinary circumstances, and in Britain no new governmen- would have ceased to receive their it would have an unfair advan- tal programmes derived from state allowance as from that day on- tage over its other competitors in funds are initiated during the wards. This is a basic principle the election. campaign period. of the Parliamentary System. New Project ALIRAN hopes that the Prime In this connection, it has to be Minister Datuk Seri Abdullah pointed out that with the dissolu- Of course, legally a caretaker gov- Ahmad Badawi and his Barisan tion of Parliament, the status and ernment can argue that launching Nasional which has promised a function of the government also new projects and disbursing clean and trustworthy govern- changes accordingly. funds are part of the day-to-day ment will be scrupulously honest functions of the government. in this matter. Clean and trust- From 5 March, the government be- Morally, however, such an argu- worthy leaders will at all times ob- comes a caretaker government ment is untenable since these ac- serve the moral underpinnings of with caretaker functions. tivities, without doubt, give an ad- the system. Otherwise, elections vantage to the incumbent. Be- will become a farce and Abdullah A caretaker government in a Par- sides, they may be perceived by will be viewed as a new face with liamentary democracy merely per- the electorate as favours done the same bad habit. q forms the rudimentary duties of the state. Apart from maintain- ing law and order, it ensures that PRIVATE AND PUBLIC government machinery continues to function so that the day-to-day It was said of Muhammad Bello (the son of Uthman and task of administration can be car- Fodio) that he maintained two lamps: one which was his ried out. own that he used for reading materials of private nature and the other which was paid for by the state treasury which he From a moral standpoint, a care- used for reading state documents. After he had read State taker government cannot initiate documents he would extinguish the flame of the state lamp new programmes or launch new and light his private lamp for his own private reading. He projects in the name of the gov- was extremely scrupulous about the distinction between the ernment. This is an unwritten role two. of electoral competition in a Par- liamentary democracy. For the From Al-haji Shehu Shagari and Jean Boyed Uthman and Fodio. party that acts as the caretaker The Theory and Practice of His Leadership (Islamic Publica- government is also a participant tions Bureau, Lagos, 1978) p. 50.

Aliran Monthly : Vol.24(2) Page 28 ELECTION 2004

to persuade him to vote for any the polling station is commit- candidate or not to vote. The ting an offence. No vehicle Election use of intermediaries either to which is ordinarily rented out accept or to offer such induce- may be used to ferry voters to ments is equally an offence. polling stations. A candidate Offences may, however, arrange trans- Threats port for voters to cross rivers in order to vote, but such Giving Treats It is against the law to threaten transport must be made avail- or force a person to vote or not able to all voters in the area. It is an offence to provide or to vote. No voter may be pre- arrange for treats of food, vented in any way from exer- False Statements drink or provisions in order to cising his right to vote. The influence a person to vote for various forms of violence men- A person breaks the law if he a candidate or not to vote at tioned in the law include ab- makes false statements about all. Offering a voter a treat duction, causing bodily injury the personal character or con- through an intermediary is also or any other sort of damage, duct of a candidate to reduce against the law. No voter may harm or loss. Causing spiritual his chances of winning. It is be given treats before, during injury, for example by persuad- also an offence to make a false or after voting hours in order ing a voter that he will be pun- statement that another candi- to influence his voting. A voter ished by God if he does not date has withdrawn from the who accepts these treats is him- vote for a particular candidate election in order to assist a pre- self committing an offence. or party, is also an offence. ferred candidate. Candidates or their agents who make false Bribery Freedom Of statements about their election Movement expenses would also be break- No person may give money, ing the law. gifts, loans or any valuable con- On polling day, no unauthor- sideration to a voter in order ised person is allowed, within Punishment to influence him in voting. A 50 yards of a polling station, bribe given through a go-be- to find out who are the people The punishment for these of- tween is also illegal. A voter entering or leaving the polling fences is imprisonment of up who accepts these bribes can be station. Neither are candidates to 2 years and a fine ranging prosecuted. It is also against allowed to establish booths or from RM2,000 to RM5,000. A the law for gifts or financial offices within 50 yards of a person convicted of any of inducements to be given to polling station. No one may these offences may be prohib- someone who agrees to per- remain in this area except to ited from voting and if he suade a voter to vote or not to queue up to vote. Neither can was a successful candidate, vote. anyone be forced to alight may lose his seat. from a vehicle within 50 yards Reports And Offers of Office/ of any candidate’s booth. Complaints Position Transport If you wish to have fair elec- The law does not allow anyone tions, you should be ready to to offer, or promise to try to Anyone who attempts to influ- report election offences to the get, any office, place or em- ence a voter by paying for the police or the Election Commis- ployment for a voter in order cost of his transport to or from sion.q

Aliran Monthly : Vol.24(2) Page 29 ELECTION 2004 The Election Commission Is Not Free And Fair

t is very clear. It is offi- most favourable to them. Election that there is “the need to form a III cial. The Election Com- at any other time would not be new government quick enough” II mission is not capable of suitable for the BN. When the EC and to ensure “there are no un- conducting a free and rushed to hold the election in the certainties that could threaten the fair election. Its conduct is clearly shortest possible time, it is clearly safety of people” does not hold seen as leaning in favour of the meant to favour the BN and put water and only reveals his utter Barisan Nasional. the Opposition and the independ- ignorance. He chooses not to re- ents in a quandary. member that there is the caretaker Why is there an unholy haste in government to look after the day- concluding the election in 17 days Can the EC honestly state that an to-day task of administration, after the dissolution of Parlia- effective challenge can be mounted which also includes maintaining ment? Why this unnecessary in 7 days? There is hardly any time law and order. And there is the speed? And what is the rational? to print posters and prepare ban- Civil Service which actually runs ners and other election parapher- the government machinery all the The Constitution, the supreme nalia. The BN’s arsenal of armoury time. So there is no cause for un- law of the land, stipulates that is already in full swing because they certainty or need to form a new elections be held within 60 days are the ones who knew the timing government that quickly. His ar- after the dissolution of Parliament. of the election. Their preparations guments are flimsy and sound The Constitution further man- were made long before the dissolu- hollow. dates the EC to conduct a free and tion of Parliament. fair election. It is not only in fixing the dates for The EC seem to have forgotten nomination and polling that the The framers of the Constitution, that even during the height of the EC is seen to be siding with the in their wisdom and out of respect Communist Emergency, the cam- BN. Even with regard to the de- for democracy, made provisions paign period was long. Even the lineation process, the EC had not for a fair election to be conducted. Indonesian Confrontation did not come across as a neutral body dis- For this a reasonable period of curtail the period of campaign. In charging their constitutional func- time is required so that the elec- 1955 for example, it was an unbe- tions in all fairness. It has been toral contest can be held with lievable 43 days (15 June – 27 July) accused of gerrymandering the equal opportunity for all. They in 1959, 1964 and 1969 the cam- constituencies to put the Opposi- wanted to ensure a level playing paign period was 35 days. tion at a terrible disadvantage. field to make elections meaning- ful and relevant. When the security threat then was The EC is supposed to be an inde- very real we did not demean de- pendent and impartial entity. This is why a 60-day period was mocracy or sacrifice the principles Unfortunately, it has not con- enshrined in the Constitution. The of fair play. There was no uncer- ducted itself as such. EC cannot just ignore the reason tainty during these interim peri- and rational and act arbitrarily. ods when the caretaker govern- In the eyes of thinking Malay- ment was in place. sians, the Election Commission is The BN chose to dissolve Parlia- indeed not capable of conducting ment at a time that is considered The EC Chairman’s contention a free and fair election. q

Aliran Monthly : Vol.24(2) Page 30 ELECTION 2004 Unjust Disqualifications

liran is dumb-founded defying all logic and common their participation in the election. AAA by the latest ruling of the sense. Their conduct would be It is a bad law which is anti-demo- Election Commission. perceived as an affront to justice cratic and immoral. It is a law in- The disqualification of and decency. stituted by the BN. This is what three prominent KeADILan lead- happens when a two-thirds major- ers from contesting in the forth- A Constitutional question also ity is given to the BN. They intro- coming 11th General Election arises here. Article 8 guarantees duce terrible laws to deprive the must have brought cheers to the “All persons are equal before the citizens of their natural justice. A Barisan Nasional. Many think- law and entitled to the equal pro- two-third majority makes it easier ing Malaysians would view this tection of the law.” for the BN to amend the Constitu- decision as doing a big favour for tion and deny our human rights. the BN and making a mockery of When every other citizen retains natural justice. his rights until the final process Ezam Mohd Nor’s threat to take of the law, is it right that these on the Deputy Prime Minister, The laws of the land state that a three leaders should be deprived Datuk Seri Najib Tun Razak who person is innocent until he has ex- of their rights before the legal proc- escaped by the skin of his teeth in hausted all the legal remedies ess has run its entire course? Why the last election has been effec- available to him under the law. is it that only contesting candi- tively removed by the EC. With this Until then he doesn’t lose his dates in an election are deprived ruling the DPM will be able to rights. of this due process of the law and breathe a little easier and sleep a disqualified immediately after little longer. By taking away their rights before their initial conviction? the legal process can complete its P Ramakrishnan course, the EC has seemingly It is of little comfort to be told of the President acted in a high-handed fashion existence of the law prohibiting 5 March 2004

Aliran Monthly : Vol.24(2) Page 31 ELECTION 2004 Please Grant Lim Guan Eng A Royal Pardon

liran would like to ap- fession; he was disqualified from AAA peal to His Majesty the contesting in the 1999 general elec- AA Yang Di Pertuan Agong tion. He has lost almost everything to kindly consider Lim including his MP’s pension and Guan Eng’s appeal for clemency gratuity and career. That should favourably. be punishment enough to satisfy the authorities. This is the second time that Guan Eng is seeking a Royal Pardon. But it would appear that he is be- When he sought this pardon in ing punished more than once. He 1999, it was supported by 300,000 was sentenced to serve an 18- signatures from all over the coun- month imprisonment on 25 Au- try that included citizens from gust 1998, which he completed on net Minister who was convicted every ethnic group. There is an 25 August 1999. But he continues for murder and sentenced to death overwhelming evidence that there to be punished. After serving his but was also pardoned subse- is wide spread support for clem- sentence, he could not earn a liv- quently. He was Mokhtar Hashim ency. It is so obvious that Guan ing as a qualified accountant; he the then Youth, Culture and Eng enjoys the sympathies of mil- was barred from standing for elec- Sports Minister. lions of Malaysians. tion in 1999; he will again be barred from taking part in the Recently there was the case of Guan Eng is someone who has upcoming election if no pardon is “Jackie Chan” of Penang. It was established himself as a caring forthcoming. In the eyes of many, reported that he was a notorious and selfless person. He was a it is indeed a very severe and vin- member of a triad linked to seri- model Member of Parliament who dictive punishment. ous crimes and who was detained had worked tirelessly for the com- under the ISA. He has also re- mon good of the society. To this There are only six months of bar- ceived a Royal Pardon. day loyal Malaysians remember rier left before he could legiti- how he crossed the ethnic barrier mately qualify to stand for elec- Compared with the crimes of these to take up the cudgel on behalf of tion. According to many Malay- personages Guan Eng’s “crime” someone from another commu- sians, Guan Eng’s appeal for par- cannot be considered as some- nity. It was this episode that had don is justified and deserving. thing more serious or heinous cost him his career and conse- than theirs. quently he had to pay a heavy Guan Eng’s case must be weighed price. against those who have been par- A Royal Pardon for Guan Eng doned previously to realize how would only confirm that everyone A vast majority of Malaysians deserving and justified his appeal is considered impartially and support this appeal. In the eyes of is. A chief executive of a state who treated fairly. justice-loving citizens, Guan Eng was convicted for corruption was had paid adequately for his pardoned. He was Datuk Harun P Ramakrishnan “crime”. He had served his sen- Idris, the Mentri Besar of Selangor. President tence; he has sacrificed his pro- Again there was the case of a Cabi- 5 March 2004

Aliran Monthly : Vol.24(2) Page 32 ELECTION 2004

Charter 2000-Aliran Launches : Malaysian Election Media Monitors Initiative

team of about 20 inde- pendent volunteers will AAA begin wide-ranging monitoring of the con- duct of the mass media in the run- up to the forthcoming general elec- tion in a project initiated by Char- ter 2000-Aliran.

This project, launched today, will keep track of news coverage and critically examine whether the media have been ethical in report- cial disorder should the Opposi- both the print and electronic me- ing news in the run-up to the elec- tion be voted into power. We will dia – as was the case in previous tion. As citizens of this country, also criticise and condemn news- general election campaigns. Malaysians have every right to reports during the campaign pe- demand fair media coverage so riod announcing government sub- Our monitoring observations of that voters can make informed sidies or fund allocations for the media coverage will be posted choices when casting their ballot. schools and other institutions that regularly onto our Malaysian It is therefore crucial that we in- would amount to voter bribery Election Media Monitors’ weblog vestigate whether each of the con- and abuse by the caretaker gov- for public scrutiny and comment. testing political parties gets a fair ernment. The web-blog can be found at hearing in the mass media. http://www.aliran.com/char- We will also take a sharp look at ter/monitors/ The media coverage should be political advertisements - whether fair, professional, unbiased and paid for by political parties or pri- Dr. Mustafa K Anuar & Anil Netto ethical. What this means is that vate firms - that serve the interests Joint Coordinators there must be: of the BN parties and that run Charter 2000-Aliran a) equal access to the media for down other parties even as those 17 February 2004 all parties; parties are denied similar space. b) fair and sufficient coverage for all parties; and Our election monitors are con- c) the right to reply or to respond cerned Malaysian citizens who Charter 2000-Aliran is a to state a position or to clarify are engaged in this project entirely Malaysian citizens’ media baseless allegations on a voluntary basis. Charter initiative based on a press 2000-Aliran has received no fund- freedom manifesto en- We will be looking out for, among ing whatsoever for this project. It dorsed by 39 civil sociey other things, any attempt by the is a project undertaken entirely by and media groups http:// Barisan Nasional to use the me- Malaysian citizens who are con- www.aliran.com/charter dia to create fear of potential so- cerned with unfair coverage in

Aliran Monthly : Vol.24(2) Page 33 VOTE FOR DEMOCRACY Continued from page 40 mention of cronies, can be raised position parties? under the circumstances. Will criticism of the BN’s pronounce- A re-delineation of electoral ment that Malaysia is an Islamic boundaries was also concluded in state be deemed an electoral of- 2003 resulting in the creation of fence? What if the opposition re- additional seats especially in the minds us that former PM semi-urban areas where the BN Mahathir had likened the Suqiu to had performed so well in 1999. No terrorists? What about criticism of additional seats were added to the BN’s Vision School pro- Kelantan, Terengganu and Kedah gramme and the BN’s poor record where PAS had scored huge suc- in providing for national-type pri- cesses. Instead, Sabah has an ad- mary schools? What about the ditional 5 seats, Johore another 6, continued plight of the estate Selangor 5, Pahang 3, and Penang workers? What about the many 2 seats. These states are where the cases of Indian youths who were BN had performed well in 1999. presumed to be criminals and shot? And what if UMNO leaders Moreover, the electoral bounda- are criticized for deviating from Is- ries have also been redrawn in the lamic injunctions of pursuing four Malay heartland states in truth, justice and equity? north Malaya, especially in Terengganu and Kedah. Major In raising these issues, some peo- changes have also been made to ple, somewhere in Malaysia will Perak’s electoral boundaries. surely experience “ill-will, dis- These changes, according to ex- As well, although Parti Keadilan content and hostility”. How will perts, will invariably benefit the had won only a few seats, it had it be decided if the law has been BN (see AM vol 23 no 6). cut back the BN’s margin of vic- broken? In the 1999 election, it tory in the multi-ethnic seats from was principally the BN which ISA, Detention an average of 60-70% in 1995 to manipulated ethnic sentiments. And Convictions 55-60% in 1999. The fact was some Some of their advertisements one-third of the seats in peninsula were extremely provocative: Another reason why the BN will Malaysia had been won by less “Vote Opposition and You Vote do well relates to its use of the ISA, than 10% margins (see AM vol 23 Away Your Cultural Freedom”, other coercive laws and the courts no 6). Keadilan’s victory over the “Don’t Let Violence Triumph”, to curb the opposition these past BN in the Lunas by-election, “Don’t Let Anarchy Triumph” or five years. Despite the BN’s elec- partly due to cooperation with the “DAP: Hapuskan Hak Melayu” toral victory in November 1999, Suqiu, reminded the opposition taking us closer to the brink. We the momentum was in favour of parties how close the 1999 con- wonder how the Elections Com- the Opposition parties in 2000 test had actually been, despite the mission will respond to such BN and 2001. This was because of the BN’s two-thirds majority in par- fanning of ethnic sentiments. spectacular performance of PAS in liament. What will they do to such pro- the Malay heart-land states vocative BN advertisements which had translated into PAS’s However, this momentum was re- which will invariably be carried capture of the Kelantan and versed shortly thereafter. First, in the BN-owned or controlled Terengganu legislatures, and its some of the most charismatic lead- press and electronic media? Or, 50:50 splitting of the votes with ers of Parti Keadilan and the is this amendment especially in- UMNO in Kedah, previously con- reformasi movement – Ezam tended to further muzzle the Op- sidered an UMNO stronghold. Mohamed Nor, Tian Chua, Saari

Aliran Monthly : Vol.24(2) Page 34 Sungib, Lokman Noor Adam, Dr witnesses by the Judge, but alas, muzzle and constrain the oppo- Badrulamin Bahron, Hishamu- to no avail. In this regard, numer- sition parties generally, all, so as ddin Rais (and for a while Raja ous Malaysian as well as interna- to guarantee the BN’s continued Petra and Gobalakrishnan too) tional bodies, including the Inter- victory in electoral contests. were detained under the ISA on national Court of Justice, the In- Malaysian elections might be trumped up charges of threaten- ternational Bar Association, the somewhat free but definitely not ing national security. Vice-Presi- President of the European Union, fair to the opposition. dent Mohd Azmin Ali was taken Amnesty International, Asia to court and finally sentenced to Watch, the International Federa- War Against 18 months' jail for perjury in 2001. tion for Human Rights, etc., had Terrorism Deputy Wanita chief Irene voiced their criticisms of the Fernandez was also taken to court Court’s decision to set aside However, the momentum also and sentenced to 12 months' jail Anwar’s appeal, the convictions swung against the Opposition for publishing allegedly false of Fernandez and other Keadilan due to two other factors not of the news. Ezam, the Youth leader, al- leaders, and the use of the ISA BN’s design. First, there was Sep- ready detained under the ISA, was generally to detain critics without tember 11, 2001, which was fol- taken to court on a charge of dis- trial. It was evident that the lowed by the US invasion of Af- closing official secrets and subse- Malaysian Judiciary had lost its ghanistan and Iraq, and several quently sentenced to two years' independence and become be- incidents of bombings by Islamic jail. Although Ezam, Azmin and holden to the Executive radicals in Southeast Asia. As a Fernandez are now out on bail result of these developments, and their appeals pending, they Another set-back to the opposi- there have developed further anxi- have been ruled ineligible to con- tion was the difficulty in finalis- eties, especially among non-Mus- test the 2004 election on the ing the merger of Parti Keadilan lims, about political Islam. In the grounds of their conviction. and Parti Rakyat, especially in the midst of these developments, Dr absence of the leaders detained Mahathir, then prime minister – Another group of Malaysians, as- under the ISA. There was further with his support of the US in its sociated with PAS’s Youth wing, frustration when the Registrar of war against terrorism on the one were detained under the ISA for Societies (ROS) delayed and re- hand, condemnation of the US allegedly belonging to the so- fused to approve the merger even invasion of Iraq on the other - called Kumpulan Militan Malay- after it had been agreed upon by emerged as a champion of moder- sia (KMM), allegedly related to the both parties. Hence although the ate Islam as well as leader of the Jemaah Islamiyya, considered the new Parti Keadilan Rakyat was South, at home and abroad al-Qaeda’s proxy in Southeast launched in August 2003, it shall Asia. Twelve of these ISA detain- not be able to contest the 2004 elec- In contrast, there have arisen con- ees began a hunger strike in early tion as such. Likewise, the Parti cerns about PAS’s connections to March to protest their continued Sosialis Malaysia, which had ap- the KMM, and by extension the JI, incarceration without charges be- plied to the ROS for registration now held responsible for the ing laid. prior to the 1999 general election, bombings in Southeast Asia. Al- has still not been able to get itself though there is no evidence of Meanwhile, Anwar Ibrahim’s ap- registered. By contrast, the BN-af- such PAS connections, nonethe- peals against his conviction on filiated Sarawak Progressive less, the dramatic change in the charges of corruption and six-year Democratic Party, a splinter party international political climate, the prison sentence handed down by of SNAP, was able to get registered hype over terrorism, the loss of Justice Augustine Paul in April within weeks. lives due to the bombings, and the 1999, were rejected by the Ap- ISA arrests have had their knock- peals, and then the Federal Court. The above events indicate how on effects in Malaysia. Anwar’s appeal was based on the BN government has abused its exposing the intrigue, the selective powers to reshape the electoral This has heightened fear of PAS’ admission of evidence, and sum- process, to detain and outlaw ex- intentions among some mary rejection of critical defence citing opposition leaders, and to Malaysians, particularly non-

Aliran Monthly : Vol.24(2) Page 35 nic a coalition, as it this all-or-nothing manner. was in 1999. By contrast the 13- We have to work ourselves back member BN main- into the equation. Indeed, our op- tains a multi-ethnic tions are not limited to choosing front and appears between UMNO or PAS. Despite united. Many of their weaknesses, there are other their intra-party opposition parties worthy of our squabbles have support. Voting the Parti Rakyat, also been resolved, Parti Keadilan and DAP leaders at least temporarily. into parliament and the state as- The transition from semblies will enhance the quality Muslims. The anxieties have per- Dr Mahathir to Abdullah of debate and the capacity of those sisted because PAS, instead of Badawi, who will lead the BN institutions to act as a check on combating the undemocratic and into the 2004 polls, has also en- the BN. unjust policies of the BN, and pur- hanced the image of the ruling suing more equitable development coalition in the eyes of the There are also many individuals since its 1999 gains, has focused Malaysian public (see Cover in PAS, as well as in the ruling its attention on introducing Story in this AM on Abdullah BN who are worthy of our regard Hudud and Qisas laws, and Islamic Badawi’s allegedly softer yet still and support. Some of them are fac- rule generally in Terengganu. determined leadership, his moves ing threats from their own lead- Additionally, the BN-owned or to rein in corruption, and his de- ers. It is in our interest to ensure controlled mass media has sys- cision to abort or trim down a that these individuals are voted tematically projected PAS as dis- couple of mega-projects). into parliament. criminatory towards women, and fixated with segregation of the There are also the usual 3-Ms to Equally, there are others, in the BN sexes, and curbing so-called remember: Money, Media Control in particular, who are not only unIslamic forms of dress and en- and access to Government Ma- unworthy of our regard, but tertainment. PAS’s lack of consul- chinery all work towards the BN’s should be ousted from Parliament tation and rejection of criticisms advantage. or the State Assemblies, or kept vis-à-vis these policies were also from getting in. Latest reports sug- often highlighted, leaving the im- Beyond gest the comeback attempts of two pression that the party was even UMNO vs PAS, former Mentri Besar of some noto- more authoritarian than UMNO Beyond Elections riety. and the other BN parties. The sudden death of PAS leader Fadzil The 2004 general election, there- More than that, there is also an Noor, popularly regarded as more fore, is not about changing the informal or non-formal realm of approachable and open-minded, government. Nor is it even about politics outside of party politics and his replacement with Abdul denying the BN a two-thirds ma- and elections. There are many Hadi Awang, considered more jority. Contrary to the opinions of opportunities for ordinary people aloof and close-minded, rein- many non-Muslims who are not to get involved in decision-mak- forced these negative impressions particularly fond of UMNO but ing about issues which impact on of PAS. are fearful of PAS, the 2004 elec- their everyday lives in this realm tion is not a contest between of non-electoral politics. In the midst of these develop- UMNO and PAS either. This elec- ments the Chinese-based Demo- tion is certainly not a choice, as it The formal electoral realm is cratic Action Party (DAP) finally were, between the “devil we clearly dominated by the BN coa- withdrew from the Barisan know” and “the devil we don’t lition. It offers little scope for ordi- Alternatif (BA). No doubt, to- know”. We fall into a trap and end nary people to express their opin- day’s opposition is no longer as up backing the ruling BN govern- ions, to dissent and to organize, united, nor the BA as multi-eth- ment if we regard the contest in and to get involved in decision-

Aliran Monthly : Vol.24(2) Page 36 making. But people should be look- moves, of the purported attempt Vote also for All Candidates, re- ing towards the politics of democ- to curb police mayhem, of an at- gardless of party, who support racy beyond the 2004 elections, tempt to rein in at least some deepening democracy. Deepen- and asking how their participation mega-projects. But we should not ing democracy means the repeal in the 2004 elections can enhance be taken in by the message that of all coercive laws and restoring that democratic space. The elec- the best way forward is to deliver the rule of law, consulting the peo- tions are not a referendum on what a resounding victory to the BN, ple in between elections, and be- we like; they are not an invitation worse still of their “zero-opposi- ing accountable. Vote also for an to vote, and then to subsequently tion” target. independent and responsible become silent. They are an oppor- mass media. Oppose control of the tunity to try and shape an environ- Instead, we best signal our ap- mass media by political parties. ment which can further democratic proval by showing our disap- practices in the country. proval, by sending a clear message Vote for those who genuinely of “anti-corruption, yes; back-slid- promote multi-ethnic dialogue The significance of the 1999 gen- ing, no”. Finally, we best signal and cooperation. This means rec- eral election was that these two our intent by shaping the next ognizing each others’ right to prac- realms of politics came together. Parliament so as to provide the tice and promote our languages, Issues like rule of law, account- greatest democratic space for our- cultures and religions, and the ability, repeal of the ISA and coer- selves, by ensuring a strong op- responsibility to respect and co- cive laws, minority rights, envi- position. Anything less than that operate with those possessing ronmental degradation, justice for would be sending a wrong signal other languages, cultures and re- all, normally highlighted by the that we are easily appeased by a ligions. Oppose those who ma- NGOs in the non-formal realm of few crumbs and gestures of token- nipulate ethnic sentiments and politics were absorbed into the ism – hardly a good message to seek to divide us along ethnic and formal-electoral realm of politics send to a party that has over the religious divides. in 1999. Many activists and intel- past shown itself ever ready to lectuals from the NGOs and other aggrandize more power to itself, Vote also for more democratic organizations also participated in given the chance. and equitable distribution of the the opposition coalition in 1999, country’s wealth to all regardless either directly or indirectly. The We Urge All of ethnic background. Stop all BN had also become uncommonly Malaysians, cronyism. If we desire to elimi- vulnerable due to the dual crisis – Therefore, To: nate corruption, the Anti-Corrup- the financial crisis and Anwar’s tion Agency should be made in- saga – in 1999. Vote for a Strong Opposition to dependent and answerable to act as a check on the ExecutiveExecutive, Parliament, not the PM. A stronger One outcome of that coming to- and with a view towards devel- opposition will better ensure that gether has been the improved en- oping a two-coalition or two-party Parliament does its job. Ultimately, vironment for minority rights. In- system over the long term. A the real test of fighting corruption deed, even the present apparent choice between two coalitions or is when the big sharks are anti-corruption moves can be at- parties, is the norm in numerous charged. tributed to the environment countries ranging from develop- emerging out of 1999. ing countries like Jamaica, Guy- Finally, the struggle for democ- ana and India to developed coun- racy must continue beyond the There is no such convergence in tries like Britain, the United States, 2004 general election. We must 2004. The outcome is not in doubt, Australia and Canada. There are first promote more widespread the BN’s two-thirds majority is very clear developments in the participation by ordinary peo- virtually assured. The people, so direction of alternating power via ple in decision making about long abused, scolded, harangued, multi-party electoral systems in issues that affect their everyday are relieved at a quieter and non- neighbouring ASEAN countries lives. We cannot leave this task abusive style. They like what they like Thailand, Indonesia and Phil- to the political parties, certainly see thus far of the anti-corruption ippines. not the BN. q

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Aliran Monthly : Vol.24(2) Page 38 URGENT APPEAL Aliran Needs Your Help

foreign source. We have always Dear Readers, cherished our autonomy. AM 1999 We are incurring significant fi- Help us to carry on as a rallying Vol.19(7) nancial deficits every month and point for citizens and civic organi- we will run out of funds in a few sations concerned with freedom, weeks. The financial contribution justice and democracy. Support us from the sale of our magazines can as we defend civil liberties and no longer cover our fixed over- human rights, and promote inter- head expenses. ethnic and inter-religious respect. Contribute to our work in raising We cannot carry on like this. One awareness of the plight of way out would be to increase our marginalised communities, dis- cover price - but we are very reluc- advantaged groups and perse- tant to do this. In the past, Aliran cuted individuals who are too of- depended on limited financial re- ten bereft of any opportunity to sources derived from Aliran speak for themselves. AM1998 Vol.18(11) Monthly subscriptions and sales as well as donations made by our members, subscribers and other Become a part of this struggle transfer to our bank ac- well-wishers. Our writers, mem- by responding in any one of count no: 507 246 118 995 bers and other supporters receive the following ways: with Malayan Banking no payment for their tireless serv- Berhad, Green Lane ices. 1 . Make a donation to Aliran. branch, Penang, Malay- sia.sia.sia. If you are outside Ma- Our current financial predica- a) If you wish to send a dona- laysia, please also include ment is largely the result of declin- tion to Aliran, you may do the “SWIFT” code for our ing street sales (although our sub- so by cheque or bank draft bank: MBBEMYKLA scribers have remained loyal.) payable to “Aliran”. This Apart from this, the cost of pro- can be mailed to us at 103, 2. Take out or renew a two- ducing Aliran Monthly, dissemi- Medan Penaga, 11600 year subscription to nating information and publica- Jelutong, Penang, Malay- Aliran Monthly. tions, networking with other civic sia.sia.sia. organisations, and organising 3. Take out a gift subscrip- public talks and forums has risen b) Alternatively, you may pay tion for someone close to considerably. directly by telegraphic you. For our operational expenses, we receive no funding whatsoever In the final analysis, it is you who will decide Aliran's survival and from any government or opposi- determine whether this struggle is worth preserving. If every reader tion political party, corporation or can donate RM10, the struggle will continue ... q

Aliran Monthly : Vol.24(2) Page 39 ELECTION 2004 VoteVote ForFor DemocracyDemocracy

alaysians will be going Election Act and Election Of- the poorer opposition, however, it MM to the polls for the elev- fences Act in April 2002. It also means considerable financial bur- MMM enth time on 21 March added new seats and redelineated dens. 2004. Two hundred and the electoral boundaries in 2003. nineteen parliamentary seats will These amendments and changes An amendment to the Election be at stake. to the electoral boundaries have Offences Act makes it an offence been favourable to the BN and “to act or to make any statement No doubt, the BN will win the detrimental to the opposition. with a view or a tendency to pro- forthcoming elections. It will per- mote feelings of ill-will, discontent form better this time than in No- Among other changes to the Elec- or hostility between persons of the vember 1999 when it polled only tion Act, the list of voters once same race or different races or of 56% of the popular vote yet main- gazetted can no longer be chal- the same class or different tained its two-thirds majority in lenged in a court of law, not even classes…” (see AM vol 22 no 3 for Parliament due to Malaysia’s first- when there are phantom voters. more details). This article is so past-the-post (or simple majority) The deposit required of electoral loosely worded and yet so all en- electoral system. There are several candidates has been increased to compassing that most criticisms factors why the BN will perform a maximum of RM20,000. This in- of the BN government by the op- better on March 21, 2004. crease is a drop in the bucket for position, attempting to focus at- the BN parties which list among tention on serious issues, can be Changing The Rules their assets fancy party headquar- interpreted as offences. And The Boundaries ters, media empires, colleges and universities, and various other One wonders how government With its two-thirds majority in the companies, listed and unlisted. scandals and wrong-doings, or last Parliament, the BN govern- They are also well supported by ment passed amendments to the wealthy tycoons and cronies. For Continued on page 34

Aliran Monthly : Vol.24(2) Page 40