The House of the Rising Sons

PP3739/12/2004 ISSN 0127 - 5127 / RM3.00 / 2004:Vol.24No.9

Aliran Monthly : Vol.24(9) Page 1 COVER STORY TheThe HouseHouse ofof thethe RisingRising SonsSons What they didn’t debate at the UMNO General Assembly by Khoo Boo Teik

n the old BBC TV series, II Yes Minister, the wily but III likeable mandarin, Sir Humphrey Appleby, ex- plained the ‘Law of Inverse Rel- evance’ in government thus: The less you intend to do about something, the more you have to keep talking about it.

Or, as Barisan Nasional politicos so cheaply love to taunt their critics and the opposition with it, ‘NATO’ – ‘No Action Talk Only’, except the BN types wouldn’t dare to apply it to UMNO’s first Gen- eral Assembly to be held in 22 years without Tun Dr Mahathir Mohamad’s presiding influence.

But look at what transpired, or didn’t, during the Assembly.

UMNO endorsed its new Presi- dent, Prime Minister Dato’ Seri Abdullah Ahmad Badawi, and his deputy, Datuk Najib Tun Razak, without any fuss. That, however, was a foregone conclusion after the Mahathir-Abdullah transition and the March general election.

There being no genuine excitement over serious issues, a bit of Predictably, ‘Inverse Relevance’ Failure Baru B-Grade drama was provided by took over, followed by … ‘NATO’: Or Ubat Lama? some complaints that ‘money poli- those complaints were raised and tics’ had influenced the results of dropped with no evidence that For that matter, there was a lot of the party elections at the Vice- real offenders will be identified talk about ‘the Malay agenda’ and President and Supreme Council and real action taken against the New Economic Policy, matters levels. them. that supposedly define UMNO’s

Aliran Monthly : Vol.24(9) Page 2 EDITOR'S NOTE

All who followed the UMNO General Assembly must have been disappointed that nothing exciting CONTENTS happened. Nor were important issues debated.

In this month’s lead story, Khoo Boo Teik looks into COVER STORY what was debated and what wasn’t. Most signifi- ••• The House of the Rising Sons 222 cant - yet not debated - was the emergence of the ••• UMNO: Maturity or Mutation? 777 four rising sons and the probable making of an oligarchy on the one hand and another bout of infight- ing on the other. Could we be glimpsing UMNO’s FEATURES future dilemma, he asks. ••• Towards a New Politics of Ideas? 999 The accompanying story by Martin Jalleh highlights ••• Rice Issues 111111 the principal contradictions that emerged during the ••• Malaysia's Misfortunes and Assembly. For example Abdullah’s call to observe eth- Misery Part 2 131313 ics and discipline was roundly applauded even as ••• A Claimant's Ordeal 161616 the party was mired in serious money politics. ••• Just-Do-It-Yourself 191919 ••• Browsing Through Book Fairs 232323 Don’t miss our culture and arts centre-spread by ••• Furore Over Marital Rape 252525 Khoo Gaik Cheng, who introduces us to the world ••• A View on Infant Conversions of independent filmmaking in Malaysia. She provides info on websites and places to catch some of to IslamIslamto 282828 these films. ••• Restore Democracy on Campuses 33 ••• Reformasi: Human Rights Issues We carry Part 2 of Malaysia’s Misfortunes and Mis- for President Susilo 353535 ery by K George, a reminder of the scandals and ••• When the Virus Comes abuses that plagued the country during the Knocking on Heaven's Door 404040 Mahathir era.

Salbiah Ahmad continues our discussion on the civil-syariah conflict in relation to infant conversions OTHERSOTHERSOTHERS while Prema Devaraj zeroes in on the furore sur- ••• Subscription Form 181818 rounding marital rape.

In our back-cover story, Gustri Ayuka provides important background info on the avian flu outbreak, which has arrived at our doorstep in Kelantan. The government must be totally transparent in handling this epidemic if it expects full cooperation, she says. Published by Aliran Kesedaran Negara (ALIRAN) 103, Medan Penaga, 11600 Jelutong, ALIRANALIRANALIRAN is a Reform Movement dedicated to Penang, Malaysia. Justice, Freedom & Solidarity and listed on the Tel : (04) 658 5251 Fax : (04) 658 5197 roster of the Economic and Social Council of the United Nations. Founded in 1977, Aliran welcomes Homepage : http://www.aliran.com all Malaysians above 21 to be members. Contact the Hon. Secretary or visit our webpage. Printed by Percetakan Tujuh Lapan Enam Sdn. Bhd. No. 16, Lengkangan Brunei, 55100 Pudu, Kuala Lumpur.

Aliran Monthly : Vol.24(9) Page 3 unfulfilled mission. been 40–50 per cent today. Only action to that end can truly support an accountability-driven Exhortation came after exhorta- and disclosure-oriented move by tion but no speaker offered any- Abdullah Badawi’s ‘anti-corrup- thing more refreshing than old tion’ and ‘good governance’ ad- refrains. Change the ‘Malay ministration to resolve this mindset’ (whatever this can pos- longstanding ‘debate’ over sibly mean)! Imbibe new values to unachieved targets. stay competitive (as if no one had read or heard Dr Mahathir before)! Until or unless action of that sort is seen, Abdullah Badawi’s policy Now that we’re living in the era initiatives should be seen as of Wawasan 2020 and the National quick-fix responses to Reformasi’s Development Plan, what did the demands for clean government in Assembly offer for public debate a post- Reformasi milieu disap- besides the ubat lama of the proving of ‘corruption, cronyism Revolusi Mental type? Is the NEP and nepotism’. Abdullah’s lim- just beginning instead of its hav- Mahathir: ‘Malay share of the economy’ ited measures of ‘transparency’ ing been implemented for over 30 would have been 40–50 per cent today were credible and effective be- years? cause the public had wearied of mega projects, corporate arro- Judging by the drift and tone of Back to Reformasi gance and a disdain for popular the Assembly proceedings, concerns. UMNO’s presentation of its Of course, Dr Mahathir has re- ‘Malay agenda’ couldn’t answer tired, and, before that, he’d de- What’s New About a major riddle that bedevils not spaired that he’d failed the Islam Hadhari? simply the ‘Malay share of the Malays, or perhaps the Malays economy’ but the national had failed him. Maybe no one lis- Other than that, has any new vi- economy itself. How did the tens to him any more. sion emerged after Dr Mahathir’s Melayu Baru, so confident before departure except perhaps ‘Islam the East Asian crisis of 1997, be- Yet, shouldn’t so frank a criticism Hadhari’? come non-competitive after the from the NEP’s best known de- crisis? fender and most dedicated prac- At the March general election, PAS titioner have altered the complex- was UMNO’s only serious target, Lest anyone accuse me of stirring ion of UMNO debates over re- and PAS had staked its electoral a hornet’s nest, hear this response structuring targets and quotas? fortunes on its ‘Islamic State’ goal. from Dr Mahathir. He said sim- Or are we condemned to listen to Thus, UMNO could logically ply that if the Malays kept selling ‘debates’ that spar inconclusively credit its victory to a vision of Is- off their assets, the restructuring around metaphors – crutches, lam that was more reassuring for targets couldn’t be met even if wheelchairs, and hornet’s nest – most voters than PAS’s ‘Islamic NEP were to be extended ‘a thou- or speak vaguely but at times State Document’. sand years’. alarmingly about the ‘dangers’ facing an entire race? Even so, it’s doubtful UMNO’s Dr Mahathir wasn’t just being victory over PAS in the East Coast rhetorical. He added a point not If someone genuinely wants to do owed much to religious appeals publicised by any political figure something other than exhort oth- per se. While some PAS quarters before. Had the Malay beneficiar- ers, why isn’t there an earnest re- have reacted negatively toward ies of government projects and assessment of past and present Islam Hadhari, other observers contracts held onto their assets, practices and a full-scale audit of have remarked that Islam Hadhari Dr Mahathir observed, the ‘Malay corporate and government fail- contained ‘nothing new’, concep- share of the economy’ would have ures in privatization? tually or substantively.

Aliran Monthly : Vol.24(9) Page 4 Whether or not that’s true, Islam civil liberties and human rights at which very little has been written, Hadhari was politically ‘new’ in home when around the world let alone debated. at least three ways. people have been repelled by the Abu Ghraib torture of untried pris- Had Anwar succeeded Dr First, Islam Hadhari replaced, or oners? Mahathir, the transition in UMNO was seen to replace, Dr leadership would have involved Mahathir’s Islamisation policies Once again nothing was debated a clear generational change. that had worn rather thin during along those lines. Smooth as it has been, the the 1998–99 crisis. Mahathir-Abdullah transition is Was that because there had to be something of a half-generational Second, Islam Hadhari offered a a pause in UMNO’s discussions change, waiting for Abdullah’s ‘moderate’ and ‘progressive’ Is- of matters Islamic after Dr succession by someone younger lam in a time of heightened global Mahathir’s slashing attacks on to complete the process. suspicion of anything ‘Islamist’. ‘international Jewry’ and ‘Islamic terrorism’ during the 2003 Gen- Here, the ‘hidden text’ of the 2004 And, third, with Malaysia presid- eral Assembly? UMNO General Assembly comes ing over the Organization of the into its own. Islamic Conference, Islam Or was it because Islam Hadhari, Hadhari allowed Abdullah to in- for UMNO delegates, only means The party elections resulted in the ternationalise UMNO’s religious the party should be taken to be unexpected rise, return or defeat credentials beyond their former more acceptable than PAS in mat- of several UMNO veterans. Argu- association with only national ters of religion? ably, that’s not terribly significant. development. Four Rising Sons In the long term, it is Najib Tun Yet the UMNO General Assembly Razak, Hishamuddin Hussein, spent little time clarifying many These kinds of silence contrasted Mukhriz Mahathir and Khairy social and political implications with the emotional outbursts Jamaluddin who visibly represent of implementing Islam Hadhari. against the ‘treason’ of those the UMNO’s ‘Gen Next’ leader- Malays who had worked against ship. Three of these four figures For example, does Islam Hadhari UMNO – meaning, of course, are the sons of ex-UMNO Presi- condone the use of the Internal Anwar Ibrahim. dents. The fourth is the current Security Act, the Sedition Act and President’s son-in-law. the Official Secrets Act? Does the But to understand UMNO’s ‘prob- ‘moderation’ impled in Islam lem with Anwar’, one must take a There has been enormous person- Hadhari mean the government longer view of a significant devel- ality hype in the media reports will be ‘progressive’ in respecting opment within UMNO about about their comings and goings.

Musa Hitam, Ghafar Baba and Anwar Ibrahim: Each an heir apparent who failed to reach the top post.

Aliran Monthly : Vol.24(9) Page 5 The opposition is stuck in a rut: Will be looking to Anwar's leadership.

That’s unavoidable. But it doesn’t wannabes within a party that out a political power base, can be count in UMNO politics, does it? used to pride itself on being a bas- part of the ‘war on terror’. Each of them must demonstrate tion of democracy. he’s not an inferior copy of a dis- Domestically, the situation is more tinguished father or father-in-law. However, if the four have a falling complicated. The opposition is out, the possible scenarios of fac- stuck in a rut, given Reformasi’s With UMNO’s previous succes- tional struggles among them will unfulfilled end, Keadilan’s weak- sion convulsions, what ministe- reenact UMNO’s crises of the nesses and the ‘go-it-alone’ ap- rial record can Najib boast to show 1980s and 1990s. proach of DAP and PAS. If the op- that he doesn’t deserve to end up position doesn’t look to Anwar to like Musa Hitam, Ghafar Baba or Either way, and especially if boost its ebbing fortunes, it will Anwar Ibrahim, each an heir ap- there’s an economic crisis, stem- have no one to look to for leader- parent who failed to reach the top ming from a global recession, say, ship. post? UMNO’s far from immune to another bout of succession in-fight- That’s why the typical UMNO What solid achievements can ing. politician continues to worry Hishamuddin present when the about Anwar’s proven charis- time comes for him to make his Can we already be glimpsing the matic appeal, most of all to ‘boys to men’ upgrade? shape of UMNO’s future di- UMNO’s Malay constituency. lemma? Newcomer Mukhriz is still unex- Should a ‘second coalition’ reap- posed and comments on his elec- Not Anwar Again! pear, it won’t be headed by a PAS tion mentioned less his ability ulama who scares too many Mus- than ‘sympathy for Mahathir’. None of this was raised at the lims and non-Muslims. A new ‘al- The other newcomer, Khairy, al- Assembly. But this supplies a ternative front’ can only be led by ready seems overexposed as to critical context to speculation Anwar who, somewhat like invite derision, rightly or wrongly. about Anwar Ibrahim’s political Tengku Razaleigh Hamzah in future precisely when the Assem- 1990, possesses a more impressive In any case, if their collective emer- bly’s verbal assaults on Anwar record than any or all of UMNO’s gence is not coincidental, what merely betrayed UMNO’s unease ‘rising sons’. does it portend for UMNO’s fu- over Anwar’s plans. ture? No one knows now, but let Maybe for good reason, those in us speculate this much. As an aside, note that the interna- UMNO who were unprepared for tional mainstream media which Anwar’s release wanted to shut If these four ‘rising sons’ keep invented Anwar as a pro-market out Anwar before he supposedly their wits together, their acts in reformer in 1997–98 now seeks to tried to re-join the party. place and their interests in accord, reinvent him to suit its current glo- they will represent the making of bal agenda. That is, the media In doing so, they showed that the an oligarchy. Potentially, though, wants him to perform the role of a spectre of ‘Anwar’s Relevance’ that will raise the ire of other moderate Islamist who, even with- remains. q

Aliran Monthly : Vol.24(9) Page 6 COVER STORY UMNO: Maturity or Mutation? Contradictions surface at the UMNO assembly by Martin Jalleh

alaysia’s dominant political party, the United MMM Malays National Or- ganisation (UMNO) began its 55th general assembly with a show of ‘political maturity’ by maintaining that the post of president and deputy president be Tunku, Razaleigh and Rais: Were they all traitors? not contested. could even afford to have for its democratic system... We all have Sharing the same ‘depth and dy- opening preoccupation, some the- our own reasons, our own ways namism’, Wanita Umno, Umno atrics on an unnamed and non- of expressing our concerns. I re- Youth and Puteri Umno, for the threatening ‘traitor’. spect her as an aunt...’ concluded first time in their history, also de- the very same Hishamuddin who cided that the posts of head and To do the honours was UMNO made a din and fracas about ‘trai- vice head of each of the three move- Youth leader Hishamuddin tors’. ments would not be contested. Hussein, who went into a formi- dable fit and frenzy about Anwar Alas, UMNO can boast of having In the run-up to the general as- Ibrahim being a traitor to the a fine tradition of outstanding sembly, UMNO leaders were of Malay cause — only to discover ‘traitors’. There was Tunku Abdul one mind in the healthy distrac- the morning after that his own lin- Rahman, another key player in tion of urging everyone not to be eage was littered with ‘traitors’. the birth of Semangat 46; Tengku sidetracked by what Najib had Razaleigh Hamzah, whose sup- termed — ‘one issue over one in- The first ‘traitor’ to quit UMNO to porters got a court to declare dividual.’ form an opposition party was its UMNO illegal; and Rais Yatim, very founder who happened to be who rebuilt his burnt bridge with Tradition Of traitors his grandfather, Onn Jaafar. His UMNO. late father, Hussein Onn, played There was a lot of jostling for a vital role in the setting up of There was also one Dr Mahathir power, position and prestige and Semangat 46 and refused to join Mohamad, who was sacked from it took a ‘traitor’ to unite them all. UMNO Baru. UMNO in 1969 and spent his wil- Rafidah, Najib, Badawi et al. had derness years criticizing UMNO to drum into the delegates repeat- Hishamuddin, during an inter- often on a PAS platform (albeit not edly and even dramatically that view with Asiaweek in 2001, very being a member of the party). Team the man was of no threat to proudly spoke of ‘an aunt who B’s Abdullah Badawi was also UMNO, no threat at all. heads the Keadilan women's viewed as a ‘traitor’ inside wing’ and ‘and uncle who was UMNO. Who would have thought that vice-president of Semangat 46... UMNO would one day be able to who is now back in the fold.’ As Hishamuddin hobbled on, hold itself up with such high self- hurling everything he could at the esteem and confidence that it ‘It just shows we have a very ‘traitor’, the above facts made it

Aliran Monthly : Vol.24(9) Page 7 obvious that the Education Min- tions. the global economy does not rec- ister was in dire need of some his- ognise quotas. They sent in the tory lessons. Further, Anwar did He preached Islam Hadhari to newly elected deputy chairper- not declare war on UMNO nor them and told them that religion son, Badruddin Amiruldin, bran- leave the party. In fact he fought was becoming very important in dishing a book on the May 13, to stay on. He was removed. the UMNO struggle; but they pro- 1969 racial riots and warning that gressively ensured that none of questioning Malay rights was When the delegates debated on the leaders with religious qualifi- akin to stirring up a hornet’s nest. the Malay and the ‘poverty of cations was elected into the knowledge’ they must have been UMNO Supreme Council. He urged them on to become an grateful to the UMNO Youth advanced race, i.e., to be bold, to leader for being a fine and living He impressed upon them that compete on the world stage They example this. Hishammuddin UMNO has to observe ethics and responded through Higher Edu- had set the tone for the general as- discipline to ensure that it remains cation Minister Shafie Salleh, who sembly. a genuinely respected party; they boldly declared that the doors of were so disciplined in carrying Universiti Teknologi Malaysia Maturity out money politics, the worst of would never be opened to non- Or Mutation? its kind in 30 years, that little evi- bumiputera students. dence of their activities was left In his keynote address at the open- behind. Abdullah strongly advocated a ing of the three-day assembly, quantum leap in attitude, a men- UMNO leader Abdullah Badawi Abdullah told the delegates that tal revolution for Bumiputeras, a echoed the optimism of UMNO ‘does not depend on a sin- competitive Malay race by 2020. Hishammuddin: ‘In the course of gle individual’; they believed him But the UMNO machine decided its 58-year history, UMNO has and formed their own factions, it would continue to chug comfort- become more secure and more forcing him to declare in the clos- ably along. It preferred “business mature.’ ing: ‘Everyone is my man. I’m not as usual”. the leader to any particular Indeed, Abdullah was able to see group.’ He warned that a ‘…continuing for himself the ‘maturity’ of the reliance on crutches will further 2,520 delegates who had packed He reminded them of the danger enfeeble (Malays), and we may the Dewan Merdeka at the Putra that UMNO had faced in the 1999 eventually end up in wheelchairs’. World Trade Centre to hear him general election, and how the He found himself in their clutches speak as UMNO president for the party only redeemed its dignity as their support for him dwindled first time and to give their mature this March: ‘It’s too soon for us to – as a result of his very own fail- response. start fighting each other’. They ure to transform his rhetoric into agreed, waited for him to finish, reality. He had challenged them with his and then threw out most of his speech, entitled ‘Moving Forward men in the voting. The 55th UMNO general assem- – Towards Excellence’ – he did bly concluded with UMNO not realize how far forward they He thanked his predecessor for his deputy president Najib Razak had moved away from what he remarkable service to Umno and spending half of the time allo- was trying so hard to tell them, described his decision to step cated for his concluding speech even before he started. down as the sincerity of a states- on a loyalty pledge to the UMNO man who did not want to cling on president and promising never to He wanted them not to be carried to power; they gave Dr Mahathir stab him in the back. UMNO has away by the euphoria of the his- Mohamad a standing ovation and ‘matured’. q toric win in the March 2004 gen- voted in his staunch supporters eral election in which UMNO did (also read as Najib Abdul Razak). Martin Jalleh is a exceptionally well. But they Martin Jalleh is a brought him down to earth by not He stressed the need for Penang-based political giving him the kind of victory he bumiputras to face the challenges and social commentator. had expected in the party elec- of globalisation and added that

Aliran Monthly : Vol.24(9) Page 8 POLITICS Towards a New Politics of Ideas? We are in for an exciting new era by Nik Nazmi Nik Ahmad

Abdullah, Anwar and Guan Eng: All three in varying tones have spoken of a need for a united Malaysia.

n 2004, a sense of re- Siang (who is also the present Op- and his young press-savvy advi- II newal has emerged in position Leader), has declined to sors have worked hard to distance III Malaysian politics after hold any executive posts, paving themselves from the extravagant so long. the way for his colleague Karpal past: the postponement of the Singh to take over as DAP Chair- double-tracking project; his anti- Actually it began a little bit ear- man and Lim's son, Guan Eng, as corruption rhetoric; a more Islamic lier, in October 2003, with the ac- Secretary General. approach; the release of Anwar; cession of Abdullah Ahmad and the recent small-person’s Badawi as Prime Minister, replac- These changes undoubtedly mean budget. As the March election re- ing Dr. Mahathir Mohamad. Then that Malaysian politics will have sults proved, these went well with this year, former deputy prime new variables to consider. the new Malaysian electorate. minister Anwar Ibrahim was ac- Abdullah, Anwar and Guan Eng quitted from his sodomy convic- all have different styles and per- Anwar too is not a dissimilar fig- tion in a startling Federal Court sonalities compared with the old ure. His strength originates from decision. Although the same court guard of Malaysian politics – his charisma, intellect and so- subsequently rejected an appeal Mahathir and Kit Siang. phistication that charm both regarding his corruption convic- Mahathir and Kit Siang helmed a Malaysians and the international tion, which effectively bars political era of intense rivalry and audience. His Islamic back- Anwar from holding any politi- hardline politicking. The new per- ground combined with his mas- cal posts in the next four years, an sonalities on the other hand seem tery of international economics Anwar outside the prison exerts to personify more open politics, and politics underlie this. When more political influence than an with a human face. he was deputy prime minister, Anwar inside. In the DAP, a one Anwar too launched many time long-serving Secretary Gen- Abdullah has been the epitome of projects for the poor and spoke of eral and recent Chairman, Lim Kit this, albeit at a rhetorical level. He a more liberal civil society and an

Aliran Monthly : Vol.24(9) Page 9 Asian Renaissance. Added to this is the potent pedigree of having been jailed twice, in the eyes of many Malaysians, for his ideals and principles. Anwar seems the personification of new politics.

Then, of course, we have Guan Eng, the youngest of them all. He too earned his stripes through im- prisonment. The reason for the jail- ing was that Guan Eng fought for the welfare of a Malay girl who Karpal Singh: The new DAP chairman replacing Lim Kit Siang. was allegedly victimised by a top- level UMNO politician – and this, regimented party that purges any- (Gagasan Rakyat with DAP and coupled with the DAP’s role in one seen as threatening Kit PBS, and Angkatan Perpaduan reformasi, has played down some- Siang’s hegemony has not been Ummah with PAS and some PAS what the DAP’s chauvinist Chi- totally erased. splinter parties) in 1990 evolve nese image. In a party long domi- into full alliance between PAS and nated by the towering Kit Siang, Nevertheless, it is impossible for DAP (along with Keadilan and Chen Man Hin and Karpal Singh; anyone to be perfect, what more PRM) in Barisan Alternatif in the charismatic Guan Eng (along politicians. If Abdullah, Anwar 1999; we hope that the next step with the younger Fong Po Kuan) and Guan Eng are willing to fo- is an intellectually coherent and seems to be proof that it is too early cus on forging a new political dis- stable opposition front in the near to dismiss the DAP just yet. course and opening up Malay- future. Guan Eng and Anwar will sia’s democratic space, we are in have major roles to play in shap- Of course, just as each of them has for an exciting new era. All three ing such a coalition. strengths, they are not without in varying tones have spoken of a their weaknesses in their claim for need for a united Malaysia and a An important caveat is that this new politics. Both Abdullah and shift from the politics of racial ex- essay focuses heavily on person- Anwar were UMNO leaders dur- clusivity; what we need is such a alities. In the words of “Malaysia’s ing the more illiberal days of commitment not to be diluted by most powerful 28-year old” and Mahathir’s premiership. Anwar communalism when it comes to Abdullah’s son-in-law, Khairy and Abdullah had the privilege facing their respective ethnic au- Jamaluddin, there should be a of being the last two of Mahathir’s diences. Unfortunately, history shift from the politics of person- four deputies. The dark days of has borne witness to many politi- alities to the politics of ideas. It is BMF, Maminco, Operasi Lalang cians who came to power with the important that ideas underpin and the judicial crisis stick out promise of new politics, but fal- new politics. But, whether we like like a sore thumb. At the very least, tered when they were put to the it or not, personalities will still Anwar and Abdullah are guilty ultimate test that power presents. play an important role in articu- by association. lating and debating those ideas. In the long run, the survival of Guan Eng too cannot erase the Malaysian democracy depends Let the battle for new politics be- talk of nepotism by virtue of being on a viable two party system begin. q DAP supremo Kit Siang’s son. It ing put in place. The sacking of didn’t help of course that the PAP Anwar in 1998 spurred such a in Singapore handed its leader- move in 1999 – yet a lack of lead- Nik Nazmi Nik Ahmad, 22, ship to Lee Hsieng Loong, the son ership and selfish interests killed is a freelance writer whose of its own supremo, Lee Kuan off the opposition’s effort. Never- blog can be found at Yew, at the same time. Therefore theless, just as we saw Semangat www.niknazmi.com. the image of a DAP being a highly 46’s two-pronged coalition

Aliran Monthly : Vol.24(9) Page 10 DEMOCRACY Rice Issues What Ordinary People Really Want From Their Government by Angeline Loh

t was a hot afternoon country make any difference to would rather suffer in silence III and I dropped in at a him?’ As for me, I held my peace than jeopardize themselves eco- II friend’s shop. He runs for the moment. nomically unless they are forced his own business repair- to resort to legal action. ing computers.Until a few years A Lack Of Trust ago he was in regular employment Take for instance, the long- but decided that being his own He went on to relate why he felt standing but only recently real- boss was better. We got chatting, that way. The education system he ized problem of house buyers talking about this and that, then said did not instil any good val- being left without houses after somehow got round to the current ues in the young nowadays. The placing deposits with develop- state of affairs in the country, as young seem to be taught that mon- ers for houses never built. The people quite normally do. etary gain, status, image and a law does nothing to prevent good time, are all that life is about. rogue developers and contrac- He does not boast of any great aca- There was nothing to teach them tors from absconding with ap- demic achievement other than compassion, honesty or even ba- parent impunity. The victimized having finished Form Five, but has sic good manners. Parents had no purchasers are left to repay seen his share of learning in life’s time for children, as they had to loans from which they gained university where the rule is ‘do- make ends meet, both of them hav- nothing and instead lost every- it-yourself, swim or sink’. The ing to work. Children spend a lot thing. The disillusionment with losses and gains determine the of time in school, tuition, and I apparent justice comes when philosophy of life one chooses to have to add, Internet cafes and they see the owners of these busi- adopt. game centres. There is no control, nesses who have been declared no guidance, nothing for these bankrupt whizzing around in His opening words on the subject kids who are allowed to run wild. their expensive Mercs or Alfa of current affairs in the country With dubious sources of funds, Romeos. were ‘I can’t trust the government, many of them spend hours at these the legal system or the police.’ places. Thus our education sys- For many ordinary people, the tem fails. police are to be avoided instead of I would advise the reader, at this trusted. They are seen as lacking point, not to jump to conclu- As for the courts, for many lay in efficiency unless there is some sions, as you have not read the people, the perception is that gain, not always material, to be rest of story. You might be getting a favourable judgment is had or as ‘fault-finders’ who do tempted to think, “Hasn’t he like winning the lottery; it is like so when they ‘feel’ like carrying read the papers about the Com- a gamble. They see no consist- out their duty. When reporting an mission of Inquiry on the Police ency in the administration of accident or crime, people are being set up by the govern- justice. So, any sort of legal ac- sometimes questioned in a way ment… or doesn’t he think that tion is a no-no. It’s not publicity that makes them feel like criminals the Court has finally been fair they are afraid of but ‘throwing or a nuisance, although they are to Anwar Ibrahim …or doesn’t hard-earned money into a bot- doing the legally right thing. The the change of leadership in the tomless pit’. Very often they rich and the influential apparently

Aliran Monthly : Vol.24(9) Page 11 ‘get away with it’. They seem more eral Court mean anything to my asked this question, ‘…Why aren’t protected than the ordinary citi- friend? He replied in the nega- bread and butter issues high- zen. tive. ‘This’ he said, ‘is no concern lighted in the election manifesto?’ of mine, whether he is in or out (of and then he asked , ‘ But will you ‘Soft targets’ like the poor, squat- prison), the government will re- continue harping on freedom and ters or illegal immigrants seem to main the same. It makes no differ- human rights?’ be given an inordinately hard ence.’ time. Not that the police should Thank you, Terence, it made me not go for wrong-doers in these So the politics is divorced from the realize that lay people often find categories, but these poor people reality. True, especially when no connection between what they seem to be picked on because it is you’re down there and find noth- perceive as human rights and difficult for them to defend them- ing has changed in your life. those fundamental necessities of selves as they don’t have any life. It is up to the people who do money to employ top-notch law- These are the ‘rice issues’, the sta- understand the connection to yers to defend themselves. Moreo- ple on which common citizens show that fundamental human ver, if we have ‘good laws’, they live. The common people need totoneed rights do in fact include food, shel- are very often not enforced. The seeseesee actual concrete change in the ter, clothing, education, medical police thus often fail us. existing system for their real ben- treatment, employment and all efitefitefit to believe that politics or hu- other tangibles besides the intan- Meeting man rights can benefit them. gibles such as freedom of speech, The Connection freedom of association and free- In an exclusive interview with an dom from unjust persecution, tor- So doesn’t the fact that Anwar Opposition politician, Terence ture and all kinds of discrimina- Ibrahim was released by the Fed- Fernandez reporting for theSun tion. q

Aliran Monthly : Vol.24(9) Page 12 POLITICS Malaysia’s Misfortunes and Misery (Part 2) If only Najib had not traded his votes and Anwar had joined Razaleigh … by K George

mmediately after the controversial 1987 III UMNO election, Razaleigh’s supporters discovered that ineligible delegates took part in the UMNO general assembly. So, a group of UMNO members known as the “UMNO 11” filed a case seeking a court declaration that the 1987 UMNO conference was null and void.

When the court was satisfied that ineligible delegates had Tunku and Hussein Onn: Barred from UMNO Baru. participated in the UMNO general assembly, the judge had no clients had no objection to the Within days, the constitution for choice but to declare UMNO an judge’s findings. In fact, he was a new party, namely “UMNO unlawful society - which re- indeed pushing for UMNO to be Baru” (New UMNO) was submit- sulted in UMNO, the party declared an illegal society earlier ted to the Registrar of Societies. It dominating the BN coalition, on – obviously he must have been was a Saturday and on Monday being deregistered under the instructed by the UMNO leader- the new party was registered. It Societies Act. The judge arrived ship to push for the deregistration was a miraculously efficient per- at this decision because UMNO of UMNO. formance by a civil servant in had clearly contravened its con- Malaysia deserving to go down in stitution. Thus, UMNO, the political party the Malaysian Book of Records as of the vast majority of Malays, met the fastest registration of a politi- The lawyer representing the with its “sudden demise”. cal party! “UMNO 11” responded that his clients only wanted the elections Immediately, Mahathir, the man Dr. Mahathir unsurprisingly was to be declared null and void with- without a party, resigned the chosen as the protem president of out declaring UMNO an illegal chairmanship of the BN. But he UMNO Baru. A quick BN Council society. held on to the post of PM. This was Meeting was called, presided by the first time in our history when Dato Dr Ling Leong Sik, to admit Immediately, the UMNO lawyer an ordinary MP without a party, UMNO Baru as a component stood up and submitted that his held the post of PM. member of the Coalition, follow-

Aliran Monthly : Vol.24(9) Page 13 ing which Dr Ling vacated his Chief Justice of Malaya and next mands a huge majority, has to be seat as Chairman of the BN to en- in line to succeed Tun Salleh Abas accepted by the people - no ques- able Dr Mahathir to resume his as LP, was appointed the chair- tions asked. The then PM did not previous position. This episode man of the Tribunal. It was seem to understand the concept must also go down in our history against the established principles of the separation of power. To as the shortest term of tenure for a of the Rule of Law and of Natural Mahathir, internationally and BN Chairman. Justice - simply because if Salleh universally recognised concepts Abas was removed, Hamid Omar, of human rights and democracy Immediately, a “Great Wall of being the next senior-most judge, were unacceptable. China” was built around UMNO was automatically eligible to fill Baru to ensure that none of the vacant position. As for Fundamental liberties guaranteed Mahathir’s political enemies Mahathir, it appeared that he was by Articles 5 to 13 of our Supreme could enter the gates of the new either ignorant or pretended to be Law have been subjected to nu- party. That included the Father of ignorant of those principles. merous restrictions and curtail- the Nation, Tunku Abdul ments especially those pertaining Rahman, Tun Hussein Onn, our Salleh Abas registered his protest to the holding of public meetings third PM, Tengku Razaleigh and against the composition of the Tri- and the setting up of associations. many others. Ironically, when bunal and refused to attend its Perhaps Malaysia is the only Tunku passed away the leader of proceedings. And, as was ex- “parliamentary democracy” to UMNO expressed regret that pected, the Tribunal went on with restrict and control public rallies Tunku was not an UMNO mem- its deliberations in spite of his even during elections. ber! absence and recommended the dismissal of Salleh Abas, who Shackling Other “Hang The Judges” was subsequently replaced by Institutions Hamid Omar as LP. Having secured his position as the The fear of the ISA pervades the PM and BN Chairman, Mahathir For a more detailed account, nation; the UMNO Baru of resorted to the charade of criticis- please refer to the 5-part series of Mahathir has replaced the origi- ing the judges apparently for no articles in Aliran Monthly by nal UMNO of the Malays. The known reason. Once he even said, Datuk George Seah, who was one unjust dismissal of Salleh Abas “Hang the Judges”. of the judges suspended during and two senior judges has in- the judicial crisis in 1988. (See AM stilled fear in the Judiciary. Con- Disgusted, Lord President Tun Vol 24 Nos 4-8) sequently, the integrity and the in- Salleh Abas with the backing of dependence of the judiciary has 20 judges, which included the Mahathir succeded in instilling suffered a serious setback. Chief Justice (Malaya) Tan Sri fear in the judges. To him, rule of Abdul Hamid Omar and Supreme law means rule BY law. And any That was not all. Mahathir’s in- Court Judge Tan Sri Hashim Yeop law - however repugnant - passed fluence pervaded the Police, the Abdullah Sani, addressed a letter by Parliament, where the BN com- Anti-Corruption Agency and the to the Yang diPertuan Agong hop- ing that the PM would be advised not to publically scandalise the judges.

The PM took offence to this development and urged the Agong to set up a Tribunal to take discipli- nary action against the Lord Presi- dent.

Justice Hamid Omar, the then Salleh Abas, Wan Sulaiman and George Seah: Unjustly dismissed.

Aliran Monthly : Vol.24(9) Page 14 Attorney General’s chambers. As PM in 1983. The nation lost heav- Let us pause for a while and hy- for the Elections Commission, it ily and the apparent beneficiaries pothetically ask a question. What has never been independent since were the cronies and friends of the would have been the political sce- 1981. Executive. nario if Najib had not traded his bloc of votes in 1987, as claimed The AG is believed to have been Perwaja - Mahathir’s heavy in- by some; and what would have pressured not to press charges on dustry venture - suffered huge been the consequence? Rafidah Aziz and Rahim Tamby losses amounting to several bil- Chik for their alleged corruption. lions of ringgit. But how much Not only Mahathir would have Evidence was adduced in court exactly - can someone tell us? disappeared from the political that Mahathir told the former ACA Where is the accountability and scene; Malaysia would possibly chief, Shafie Yahaya, to stop in- transparency promised by have turned out to be a more pros- vestigating the Director General of Mahathir? Why does Petronas perous country; Najib apparently the EPU, Ali Abul Hassan, who refuse to be accountable to Parlia- would continue to live with a clear was found with a large sum of ment? What is the annual revenue conscience, without feeling the unexplained money. Mahathir of Petronas? And who decides guilt of having betrayed a family further demonstrated his arro- how it is to be utilised? And who friend. gance and power by promoting exactly benefits from the huge ac- the EPU Director General as the count? And suppose Anwar had ac- Governor of Bank Negara. cepted the invitation to join A Series Of Razaleigh’s camp, what would During the Mahathir era, corrup- ‘What If’s’ have been the outcome? tion and fraud spread like cancer. Money politics became a common As it is known, Anwar Ibrahim Razalaigh would have become affair. Now it has become a seri- was invited by Mahathir to join the prime minister of Malaysia. ous menace. It has become appar- UMNO in 1981. Having accepted There would not have been so ently rampant in UMNO and dur- the invitation, Anwar treated much misery and misfortune in ing some other BN component Mahathir as his father. The rela- Malaysia. There would have been party elections. Defections from tionship went on smoothly for a more freedom and democracy; the opposition to the BN parties number of years. more prosperity and social justice. are apparently achieved through Corruption would never have be- bribery and patronage. Imagine But corruption became endemic; come so rampant. what integrity, credibility and abil- the habit of gaming and gambling ity a leader has if he gets elected spread like wildfire. Crime was on Who knows, most probably by buying of votes? the increase. Transparency and Anwar might have become accountability disappeared. prime minister by now. And defi- During his tenure, Bank Cronyism and nepotism became nitely, Anwar would have es- Bumiputra suffered heavy losses. rampant. The nation’s wealth was caped the six years of mental The first loss was a mind-bog- squandered and misappropri- agony and miserable prison life, gling RM 2.5 billion. Then it suf- ated. and remained a much healthier fered another loss amounting to person. RM 1.01 billion. He authorised the As the days passed, the father-son people’s money to offset the losses. relationship soured. And Anwar In all probability, obnoxious and seemed left with only one choice: repressive laws such as the ISA Billions of ringgit were reportedly to contest against Mahathir. In the and others would have been re- paid to bail out companies owned event of defeat, Anwar would pealed in line with democratic by his cronies and children. Un- have disappeared from the scene. and human rights norms. like other countries, privatisation But Mahathir couldn’t even think in Malaysia was carried out by ne- of a possible defeat because of the I wonder if Mahathir has ever gotiated contracts, not through possibility of the enormous ad- given a thought to the above ques- open tender, as promised by the verse consequences. tions.q

Aliran Monthly : Vol.24(9) Page 15 ACCOUNTABILITY

Futile run around getting a copy of a court order A Claimant’s Ordeal by Dr K Annadurai

y former employer, a Medical Centre, was MMM sued in Magistrate's Court 8 (Criminal) in February 2002 by the EPF for under contributing my EPF dues. The Medical Centre pleaded guilty and duly paid up the arrears and dividends as ordered by the Court.

In January 2003, I was notified by the EPF about the matter, Court 8 phoned and told me document. Yang Arif then but I noticed what I thought to that the Court as a rule does “corrected” her that as per Sec- be a shortfall of RM1,285 in the not extend copies of Court Or- tion 433 of the Criminal Proce- amount credited into my ac- ders to complainants! dure Code I had the right to count. I wrote to the EPF seek- see it but I could not be al- ing a clarification. Unconvinced, I went to do a lowed to have a copy of it. The file search on 26 February 2004 Magistrate however told me When the EPF failed to give a in the same Court. While that I could have copies of the plausible explanation, I re- there, I noticed a female EPF notes of the court proceedings quested a copy of the Court Prosecuting Officer engaged in if I wanted after submitting an Order to verify the facts as or- some work. Soon after, the application. dered by the court. Initially very court interpreter who had the EPF agreed to accede to phoned me earlier, called the Annoyed with the EPF offic- my request, but subsequently, EPF officer into a room adja- er’s conduct, I wrote to her, I was told verbally, that Court cent to the Magistrate’s cham- demanding to know what Orders were private and con- bers, and a little later, when I her locus standi was, in her un- fidential and as such could not was ushered into the chambers, warranted interference in my be revealed to the public. I I was surprised to find the EPF file search. Her sectional was, however, advised to write officer sitting there with the head replied on her behalf to the Court for the copy. Magistrate. after a reminder. He com- pletely ignored the question As advised, I wrote to the Reg- What transpired subsequently raised and wrote: Pihak tuan istrar of Subordinate Courts on is briefly as follows: The Mag- bolehlah memohon kepada pihak 12 August 2003 followed by a istrate showed me the draft Makhamah untuk mendapatkan reminder three weeks later. copy of the Court Order, but dokumen-dokumen yang tuan Instead of giving a written re- the EPF officer interfered and perlukan … Jabatan ini tiada ply to a written request, a court told Yang Arif that I did not halangan terhadap permohonan interpreter from Magistrate even have the right to see the tuan.

Aliran Monthly : Vol.24(9) Page 16 Meanwhile, I found out, explic- Datuk Michael Chong and that itly stated in Section 433 of the I would know the outcome CPC 1990 that, I had the right, through his secretary. TAKE SIDES as claimant, to a copy of the Court Order. I really wonder what advice ALWAYS the legal adviser could have I wrote to the Magistrate who given when he was not even I sworesworeI had earlier told me that I could sure of the relevant facts of the not have a copy of the Court law pertaining to my case. nevernevernever Order for an explanation, followed by a reminder on 20 Despite my misgivings, I called to be silent May 2004. To date Yang Arif the secretary when I did not wheneverwheneverwhenever has not replied. hear from her for almost a week. She then told me, as I human beings I then complained to the Chief had expected, that Michael Justice on 6 July 2004 that I had Chong would not be able to endureendureendure not received any response take up my case, and when I sufferingsuffering from the Magistrate, followed asked her why she could not sufferingsufferingsuffering by a reminder on 4 August explain. andandand 2004. To date, I have not received any reply from the CJ The EPF denied me a copy of humiliation. either. the Court Order on what might appear to be specious grounds I then saw Datuk Michael and the Court too, by a strange We mustmustWe Chong of the MCA fame on 16 coincidence, seems to have August 2004. After having done the same for reasons best alwaysalwaysalways heard me out, he told me, with- known to it, even though the out giving any reason, that he CPC is explicit about my right take sides. normally did not handle such to the document. And my com- cases and suggested that I plaints to the relevant authori- wrote to the Biro Pengaduan ties including the CJ seem to NeutralityNeutralityNeutrality Awam instead. When I ap- have fallen on deaf ears. Is this prised him that I had already how our civil servants heed the helpshelpshelps done that, he asked me to see clarion call of our PM to im- the oppressor, his legal adviser before he prove the public service deliv- could make a decision on the ery system? nevernevernever case. If they could do this to a pro- the victim.victim.the Meeting his legal adviser was fessional, just imagine the an utter waste of my time. He plight of the layman at their was not sure if non-payment of hands! Doesn’t the rot in the SilenceSilenceSilence employees’ EPF dues by em- system stink to high heaven? ployers was a criminal offence. encourages He was also not sure whether I sincerely hope the PM him- a claimant in a court case had self will look into the matter.q the tormentor, the right to a copy of the Court nevernevernever Order. It was I who had to enlighten him on the points of NB: A shorter version of this the tormented. law by showing the relevant letter was sent to both The section in the CPC. Anyway, NST and The Star but it was not published. at the end, he told me that he - - Elie Weisel would discuss the matter with

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Aliran Monthly : Vol.24(9) Page 18 CULTURE AND THE ARTS

Malaysian Independent Filmmaking: Just-Do-It-Yourself by Dr Khoo Gaik Cheng

nto its fourth year now, ‘indie films’ hip – the Sundance deemed ‘Malaysia’s first digital II the Malaysian inde- Film Festival. It is also the second feature’. Its Just-Do-It-(Yourself) III pendent filmmaking year that Malaysian short films sensibility, yet commercial look movement has indeed have been programmed at the and wide festival circulation, pro- gathered some momentum. Its Asian American International vided the impetus for other pioneers Amir Muhammad and Film Festival, New York. trained and would-be amateur James Lee, and stalwarts—Ho filmmakers to make their own Yuhang, Osman Ali, Yasmin Surfacing movies. The common sentiment Ahmad—are attracting interna- was, ‘If Amir [the writer] can do tional attention and winning There are signs that this under- it, so can we,’ or ‘so should we’! awards at foreign film festivals in ground movement is surfacing in (See accompanying story : page22) Europe, Asia and North America. the local mainstream. First, Visits: A Hungry Ghost Anthology (co-di- Graphic designer and theatre ac- Last year, Ho’s film Min won the rected by James Lee, Low Ngai tor-turned-filmmaker James Lee Special Jury Award at the Nantes Yuen, Ng Tian Hann and Ho quickly followed on Amir’s heels Three Continents Festival. Ho Yuhang) was screened at GSC with the quirky post-Reformasi also received a script and project MidValley Megamall and GSC Snipers (2001) and his beautifully development grant from the Gurney, Penang, in August (http:/ composed avant-garde but little Hubert Bals Foundation for Sum- /www.visits.com.my/). And understood Ah Beng Returns mer Kisses, Winter Tears, while award-winning Petronas com- (2001). The indies are character- Rabun (Yasmin Ahmad 2002), Min mercials director Yasmin ised by youthful (yet cynical) de- and Room to Let (James Lee 2002) Ahmad’s interracial teenage ro- termination NOT to offer the same were screened at the 21st Turino mance Sepet (http:// kind of mindless formulaic enter- Film Festival. This January, Amir yasminthestoryteller.blogspot.com) tainment Muhammad’s The Big Durian be- was released in Singaporean cin- Malaysian audi- came the first Malaysian film to emas in September and First Take, ences have come to be invited to the festival that made Final Cut, Ng Tian Hann’s com- expect from Malay edy is showing at GSC in October. cinema as well as James Lee’s long awaited The blockbuster Holly- Beautiful Washing Machine, which wood. Many of the has received a positive review in filmmakers are be- Variety magazine, was screened at low 35-years-old HELP Institute, Pusat Damansara and, for the first on 22 – 26 September. time, many are Chinese The current KL-based independ- Sepet: The Big Durian: Amir Muhammad ent filmmaking phenomenon in collaborates with fellow Yasmin Ahmad’s filmmakers, Woo Ming Jin, James Malaysia began in 2000 with Amir intelligent interracial Lee and Tan Chui Mui. Muhammad’s film Lips to Lips, teen romance.

Aliran Monthly : Vol.24(9) Page 19 ploying Chinese dialects or Eng- the Selangor Chinese Assembly lish rather than only Malay (see Hall and the National Art Gallery box 2). (check film listings in KL business and entertainment magazines Meant To Provoke and newspapers like The Edge [see the cultural pullout, Options] Indie filmmaking has burgeoned KLue, and the kakiseni.com and due to the availability of cheap artspen.com websites). digital video technology, pirated foreign VCDs, DVDs and soft- Distribution and sales is a peren- ware, not to mention the govern- nial problem as the filmmakers ment’s push for IT in its establish- themselves are not organised into ment of the Multimedia University an entity that can take over the and the Multimedia Development management and marketing side Corporation (MDC). Under- of the business so that they can ground, low-budget (around RM focus on creative work. Usually, 50,000), non-profit oriented ‘gue- distribution and sales is aban- rilla filmmaking’ (i.e. shot with- doned as indie filmmakers tend First Take, Final Cut: Ng Tian Hann out permits and licences), most to do what they are best at—make spoofs art film critics and directors alike. indie films are made without con- movies. Music copyright is an- sideration of being screened in the other deterrent to wider distribu- censor-ridden mainstream cin- tion and sales. Some enterprising emas and are meant to provoke individual filmmakers, however, critical audience engagement by do make VCDs to sell or distrib- not underestimating the intelli- ute to friends. gence of its viewers. Cosmopolitan And Most independent films are pri- Cosmopolitical vately- rather than state-funded, though, as more quality indies are getting critical attention from in- Malaysian indie films are known ternational festivals overseas, for their diversity: of styles, gen- they are beginning to get recogni- res (animation, horror, video es- tion (and some state funding) at say, experimental film, narrative, home. For example, Ho Yuhang’s documentary, short and feature- second feature Sanctuary has been length) issues, approaches. While selected to be in competition at the the developmentalist push of the most prestigious Asian film festi- 1990s is responsible for the The Beautiful Washing Machine: James val, Pusan, this October. This is a growth of independent digital Lee’s fourth feature conveys the dynamics of gender, technology, and human high achievement and the film- filmmaking in Malaysia, indie emotions that continually bind and maker needs RM 250, 000 to trans- filmmakers themselves question imprison women in modern society. fer his digitally-shot video to 35 the ideology of mindless con- mm film as Pusan only accepts sumption propagated by the state. Malaysians who are interested in competition entries in that format. Films by Tan Chui Mui (Home- telling stories about working and town), Deepak Kumaran (Wind middle-class Chinese rather than Public screenings are limited to a Chimes), Teo Yong Jin (Coffeeshop), offering the same tired stereotypes few licensed premises such as James Lee (Min and Room to Let) of the greedy, materialistic Chi- The Actors’ Studio, the Kelab Seni all point to the changes wrought nese businessman on screen. Por- Film screenings at the HELP In- during the last decade by traying such reality means some- stitute, the annual Malaysia Video developmentalist modernity in times using non-actors and em- Awards (MVA), and sometimes creating alienated, lonely subjects

Aliran Monthly : Vol.24(9) Page 20 tions Malaysia’s social pluralism as a viable multicultural model by portraying the outrageously funny myths each ethnic group has of the other, while ostensibly Living Elsewhere: Tan ChuiChuiTan Mui’s short charts subjectivity exploring the and projects emotion outwardly racialised dimensions through spacial surroundings. A and hysteria behind young man’s inability to mourn Prebet Adam going his father’s death is symbolised by the dripping tap and the rain amok in Chow Kit in on the car window. 1987. Amir traces this back via Operation A scene from The Big Durian lost, or at least coping with life in Lallang, to the May 13, the global consumer-oriented city. 1969 race riots. Weaving together fraid to write stories about and Perhaps what characterises the staged and real-life interviews, feature communities other than Malaysian indies is truth and fiction, he boldly their own (the HIV-positive in A ‘cosmopolitanism’ in the Kantian broaches sensitive issues like Place Called Home, transsexual sex sense of ‘a worldwide community Malay hegemony, the power of the workers in Bukak Api), it is the of humanity committed to com- sultans, and the ISA. Working work of this younger generation mon values,’ and as ‘a political with multiethnic crews, and una- of cultural producers and activ- project for recognizing multiple ists deserve the support of identities’ (see Steven Vertovec Malaysians in their work. and Robin Cohen, eds. Conceiving Cosmopolitanism: Theory, Context We need to build a strong support and Practice. New York: Oxford UP, base to keep local talent from leav- 2002) that is oriented to the indi- ing to work for transnational com- vidual who is simultaneously a panies like Lucasfilm Animation member of many groups. in neighbouring Singapore.

Like Amir’s 6horts, The Big Durian Day After Tomorrow::: A film that embodies such cosmopolitan and captures the English-educated Chinese-Malaysian diasporic Dr Khoo Gaik Cheng, a ‘cosmopolitical’ sensibilities that sensibilities, Bryant Low’s multi Penangite, is a Fellow at transcend ethnic boundaries format textually layered feature the Asia Research Insti- within the nation (see Bruch about a man waiting for a reply to tute, Singapore. She spe- Robbins and Pheng Cheah. his marriage proposal is less a romance than a subtle story about cialises in cultural studies. Cosmopolitics. Minneapolis: U of hope and self-actualisation. Minnesota Press, 1998). It ques-

A few websites to find independent Malaysian films

www.doghouse73pictures.com www.filemkita.com (mostly mainstream Malay films but look under documentaries, shorts) www.kakiseni.com www.mva.com.my (Malaysian Video Awards) kelabsenifilem.tripod.com (look under Malaysian shorts) [email protected] (sign up to be on this mailing list)

Aliran Monthly : Vol.24(9) Page 21 THE MALAYSIAN INDIES, OR ‘OH, REALLY ’ ?

s a new movement, the gence of the 21st century indie tions (MMU, CENFAD, Akademi AAA whole ‘indie’ film scene filmmakers, for others have tread Filem, Akademi Seni Kebangsaan, AA is tremendously poly- the difficult path of independent Limkokwing, USM, UNIMAS, phonic and sometimes filmmaking before them, with UiTM, etc.) who feel disconnected even contentious. Unsurprising, varying success: Mansor Puteh from the Malaysian Independent as fresh territory is being carved with Seman and Stephen Teo with Filmmakers (MIF, a loose group up, names sought to be recog- Bejalai in the 1980s, Julian Cheah formed by James Lee, Lina Tan, nised in an arena of stiff competi- in Penang, Bernice Chauly (Bakun Amir Muhammad). For some, tion and dismal funding. Outside and Child’s Play) and Teck Tan there has always been a sense of of Amir Muhammad’s definition (Spinning Gasing) to name a few. exclusion or self-exclusion from of ‘indie’ as ‘a film that is not ac- ‘Continuity’ is the key term here the inner circle or ‘the Bangsar cepted by the Malaysian Film Fes- too as film students move from theatre crowd’, so aptly captured tival’, there is much debate still student projects with course-im- in Lips To Lips. Nonetheless, al- around the term: i.e. are any of the posed deadlines to the more diffi- though Lips to Lips may not have films from the Odisi series truly cult endeavour of making films in positively or negatively inspired independent if they are sponsored their own time outside of work them, its appearance on the local by ntv7? Are you still indie if you once they graduate. scene did mark the beginning of make your film with a FINAS indie screenings for KL audiences grant? Can you be indie only be- Some notable shorts and features — which included space for a di- cause you come from a wealthy that have ridden the current wave verse array of professional and family (a.k.a. the Eric Khoo syn- of indie filmmaking may not be amateur shorts, animation, fea- drome)? Is ‘indie’ a pseudonym followed up by more film ventures tures and documentaries. for arthouse self-indulgently slow for the simple reason that the di- films? Is indie only digital? rector/filmmakers are more inter- As the stakes get higher, and the ested in theatre than film (Nam same few names are promoted lo- There is no clearcut answer to any Ron’s Gedebe, Huzir Sulaiman’s cally and abroad, such feelings of of the questions above. Just who That Historical Feeling). While oth- detachment and alienation might decides what film and which film- ers are honing their craft and earn- well exacerbate and the openness, maker is ‘indie’ or an indie pio- ing a living working on television generosity and mutual support neer becomes blur if we read out- productions, commercials, music characteristic of the incipient mo- side of the English media and look videos, video games and corpo- ment, dissipate. Filmmaking, like also to the Chinese and Bahasa rate videos...and hopefully, biding any other business in Malaysia as Malaysia media. Those consid- their time to make their next indie indie filmmakers are beginning to ered as indie know only too well work. realise, is inherently political the marketability and particular when it comes to state allocation cache of the ‘indie’ label in the film Even as I may wish for a cosmo- and commercial funding, more a festival circuit and choose to em- politan attitude to be the defining matter of who you know than how brace or adopt cautiously or reject characteristic of the Malaysian good you are. Ultimately, it will the term for various reasons of indies, fractures are evident. There be a challenge to see how the indie their own: modesty, pride, are freelance individuals as well film movement, as a polyphonic savviness, quiet confidence and as people working in their own whole, faces and weathers this sheer indifference to labels. groups and production compa- without disproportionate tension nies, often formed jointly with and fragmentation. It is important to note continuity friends from their film-school days even as we talk about the emer- or who work within their institu- by Dr Khoo Gaik Cheng

Aliran Monthly : Vol.24(9) Page 22 SCIENCE AND SOCIETY Browsing Through Book Fairs How do we fare in promoting technological knowledge? by Lim Tiang Wei

book fair can be a fasci- on 2-11 July 2004. It was a small Taiwan’s early technical publica- AA nating event. It provides affair, merely occupying the func- tions were almost all translations AAA a window through tion hall in the Cheah Kongsi. Yet of university texts from the UK and which one can assess the books covered a wide range of USA. Mostly academic works, the stage and state of develop- subjects: art and crafts, music ap- such translations held little inter- ment of our society. preciation, feng shui and fortune est outside student circles. Yet the telling, medicine and health, overall effort at translation was The number of visitors to the book games and hobbies, kung fu, con- huge, as if every important title fair can tell us something about temporary Chinese and interna- published in English had a Chi- prevailing reading habits. Know- tional politics, leadership, man- nese translation, and one that was ing which section of the book fair agement, self-motivation, literary affordably priced. draws the largest crowd allows works, dictionaries, science, and one to pick out current areas of mathematics and technology. Later Taiwanese translations public interest Even the range of drew upon Japanese technical subjects of the books on display My attention was drawn to the publications that focused on prac- may indicate levels of intellectual books on science and technology tical applications of technological and technical development. which I have been following for knowledge, including hands-on some years. In science and tech- guides for hobbyists or were In Penang, book fairs have not nology, the publishing trends in aimed at fostering homegrown been large, international or excit- China seem to have followed a product design and development. ing. Most book fairs here are path previously adopted in Tai- hosted by local distributors wan. Taiwan’s path was distinc- This effort in translation made showcasing school texts, exami- tive for its effort to support Tai- information and knowledge avail- nation guides, sentimental love wan’s leap from being an agricul- able and affordable and helped stories and popular magazines. tural economy to attaining tech- create a large pool of knowledge This is dismal but not unexpected nology-based developed nation workers. It meshed with an entre- since Malaysians on average, ac- status. preneurial spirit and a determined cording to national statistics, read government policy to contribute to only one book a year. Translating Taiwan’s development of ad- Technology vanced technology. By the 1980s, Small But Thrilling indeed, Taiwanese technical writ- Taiwan’s industrialisation began ers were publishing original tech- However, one annual book fair in in the late 1950s and early 1960s, nical writing. Penang offers some excitement to not much earlier than Malaysia’s. Chinese language readers. This Today Taiwan’s technological Then Came China is the book fair organised by the achievements are far superior to Eu Ee Book Company, a sizeable our own. How that came about is China since the 1980s has trod a Kuala Lumpur-based distributor a complex story. But technical similar path linking the diffusion of books published in China. publications played a role from of knowledge to the development which we might learn some use- of technology. In an earlier period, Eu Ee’s most recent fair was held ful lessons. China depended on the transla-

Aliran Monthly : Vol.24(9) Page 23 tion of technical publications from titles. Such books help to transfer Our politicians and bureaucrats the Soviet Union. Subsequently, technology at popular levels. love to argue emotionally over lan- China’s government-backed lan- They diffuse technical knowledge guage issues and to lament the guage and literature institutions to non-expert readers. Most of all, decline in our command of Eng- rapidly expanded their transla- they are valuable in upgrading the lish (`the world language’). tion efforts. Interestly, Taiwan- skills of technicians and opera- Hardly any one of them has any- translated materials themselves tors of small retail, repair and serv- thing thoughful to say about the provided an abundant source of ice businesses. practical and critical relation- reference for the `mainland’. ships of language to technologi- The Eu Ee book fair in Singapore, cal knowledge and development. At Eu Ee’s July 2004 book fair, one I was informed, is ten times the could see from the range of tech- size of the Penang event. From this Instead they give us language and nical publications from China the one can roughly gauge the volume education policy swings that are rapid pace at which advanced of reading materials published in politicised in counter-productive technology is utilised and devel- China today. ways. From time to time our lead- oped in China. There were trans- ers preach to us which lingua lations of established western With so much information being franca we should master — now works, such as a series of Harvard affordably available, it would be English, now Malay, now English Business School Case Studies, and a crime for the public in China not again, at least for Science and original writings in all disciplines to learn! It’s no wonder China has Mathematics. of engineering and advanced tech- made such great strides in ad- nologies. vanced technologies that Chinese Learning from the experiences of corporations, such as Huawei, other countries, we should ask, Of special note were the follow- TLC, Haier and Legend, are now `And now what?’ ing original publications: internationally known. Will we have international-grade * Nokia Handset Manuals: Circuit Where Are We? book fairs that truly display our Details and Troubleshooting `knowledge products’ to back our Guide What have we in comparison? claims of having `centres of edu- * DVD Player: Troubleshooting cational excellence’? Principles and Repair Tech- Our national policies and pro- niques grammes don’t seem to link lan- Or must we (as in Penang, let * LCD Displays: Circuit Princi- guage and knowledge to scientific alone remote places) simply see ples and Repair Manual and technological development. `fairs’ of textbooks and revision * Universal Serial Bust (USB): For about 30 years now, lectures notes? Principles, Application Devel- in our public universities have opment and Coding been delivered in Malay while stu- If the latter is the case, we’d be * Intelligent Interface Controller dents depend almost exclusively better off preserving the tradition- (12C) Digital TV: Repair Tech- on English language references, ally family-run book shops and niques, Case Studies and which they can’t competently the second-hand bookshops now Coding read or even afford to buy. endangered by competition from * English-Chinese Dictionaries big chain distributors. q of Electronics Engineering Why haven’t we adequately * Japanese-Chinese Dictionary and cheaply produced our of Electronics own academic material and Lim Tiang Wei had had knowledge crucial to our ad- over twenty years’ engi- Transfer Of vancement? Why is the effort neering and senior man- Technology to translate such materials into agement experience in the the Malay language so unim- Malaysian electronics in- As an engineer in computer and pressive, judging by the exhib- dustry.dustry.dustry. information technology, I was its at the typical Dewan particularly impressed by these Bahasa and Pustaka book fair?

Aliran Monthly : Vol.24(9) Page 24 WOMEN Furore Over Marital Rape It should be seen as a criminal offence by Prema Devaraj

iven the marked increase Rape Task Force representing oppose not only the GG in violent crimes includ- Women’s Centre for Change, Sis- criminalization of marital rape, GGG ing sexual abuse and ters in Islam, Women’s Aid Or- but the concept itself, are dis- domestic violence, ganisation, All Women Action cussed below. Suhakam (the Human Rights Society and Protect and Save the Commission of Malaysia) recently Children submitted a memoran- 1. The Rights submitted a report to the Parlia- dum in September 2003 to the At- Of A Husband mentary Select Committee propos- torney General’s chambers, the In A Marriage ing amendments to the Penal Ministry of Women and Family Code and Criminal Procedure Development and members of It is often believed that once a Code. Although not specifically Parliament which, among other woman is married, she is her hus- mentioned as such, the issue of things, called for marital rape to band’s property and the marriage marital rape was subsequently be recognized as an offence. Their contract is an entitlement to sex. highlighted in the press, stirring frequent dealings with women Sir Matthew Hale, Chief Justice in up a hornet’s nest. Religious in- who had been abused sexually by 17th Century England wrote “ The tellectuals and others described their husbands have spurred husband cannot be guilty of rape com- Suhakam’s suggestions as going women’s groups to push for leg- mitted by himself upon his lawful against Islam and ruining the islation against marital rape. wife, for by their mutual matrimonial marriage institution (Mingguan consent and contract, the wife hath Malaysia 21 Aug 2004). In re- Discussions in the press show given herself in kind unto the hus- sponse, Suhakam commissioner that there is some acknowledge- band which she cannot retract.” Perak Prof Hamdan Adnan stood firm ment that sexual abuse of a wife Mufti Dr Harussani Zakaria and defended Suhakam’s recom- by her husband does indeed oc- would seem to support this same mendations. “Rape is violent and cur; however, the phrase ‘marital thinking when he was recently cruel and indeed should not happen rape’ and the suggestion that it quoted as saying that the act of a between a husband and wife” (NST should be made an offence under husband forcing his wife to have 24 Aug 2004). the Penal Code has evoked a sex with him cannot be construed strong negative response from as rape and as a wrongdoing in The call for the recognition of some quarters. Some of the argu- Islam. “A husband has the right to marital rape is not new. The Anti- ments used by individuals who be intimate with his wife and the wife must obey. If the wife refuses, the rule of nusyus (recalcitrant) can be applied and the husband will no longer be responsible for his wife (23 Aug 2004, The STAR).

Comment:Comment:Comment: There is a huge difference between having consensual sexual intercourse with a spouse and raping a spouse. Sexual in-

Aliran Monthly : Vol.24(9) Page 25 wife due to the exception clause in S.375. Women’s groups have called for the removal of this exception clause so that the marriage institution will no longer protect husbands who sexually abuse or rape their wives. One might argue that marital rape could come under the purview of the Domes- tic Violence Act (DVA) 1994 which also includes in the defini- tions of domestic violence “ (c) compelling the victim by force or threat to engage in any conduct or act, sexual or otherwise, from which the victim has a right to abstain”. The problem with the DVA is that in order to prosecute a person, it has tercourse between consenting ported as saying that Islamic to be a crime under one of the pro- spouses does not entail abuse, Family laws already gave Muslim visions of the Penal Code. Because violence and force. Rape on the wives an appropriate remedy marital rape is not recognized in other hand occurs where consent (NST 23Aug 2004). He said that a the Penal code, forced sexual re- is absent and often, coercion (both Muslim wife could turn to the lations with a husband becomes physical and mental) prevails. Syariah Court if she is dissatisfied an act from which a wife has no One must consider to what extent or treated with cruelty and de- right to abstain. And so, there is a spouse can claim conjugal mand a divorce. no legal protection for women on rights. In terms of conjugal rights, this matter, be they Muslim or non- while some may argue that sexual Comment:Comment:Comment: There is no specific Muslim wives. intercourse between husband and provision on marital rape in either wife jima’ is a religious duty and the Islamic Family Law 3. The Relationship that the wife must submit, others Enactments or the Penal Code. Between A Man have argued that the husband Although a woman may lodge a And His Wife should perform jima’ with adab complaint of ill treatment against Is A Family Issue (courtesy). All religions value hu- her husband in the Syariah Court, man dignity and life. None of how likely would a complaint of Women, Family and Community them condone the use of force or ‘forced sex with one’s husband’ Development Minister Datuk Seri cruelty in a marriage; however be interpreted as ill treatment or Shahrizat Abdul Jalil reportedly narrow interpretations of reli- sufficient grounds for divorce? said “ Marital rape is a family issue gious texts have often been used Furthermore, suggesting that a and as Muslims we have to look at to justify the oppression of woman should demand a divorce the matter this, way, studying it from women. This has to stop. implies that the offence is a merely all aspects and not pointing fingers” a marital offence and not a crimi- (NST 24 Aug 2004). A letter in NST 2. Existing nal one. (6 Sept 2004) entitled “Do not med- Laws Are Sufficient dle with the family” suggests that As for the Penal Code, Section 375 “some things are beyond legislation Malaysian Syariah Lawyers As- states clearly, the circumstances and best left to the conscience of man sociation deputy president that define rape. However if the himself”. Zainul Rijal Abu Bakar felt that act of sexual intercourse between existing laws were sufficient to a man and his wife falls under any Comment:Comment:Comment: When a person is as- tackle the issue. Religious Adviser of these circumstances set out in saulted or abused, it is no less a to the Prime Minister Tan Sri S.375, the man is protected from crime when the perpetrator is a Abdul Hamid Othman was re- being charged with raping his family member. Violence within

Aliran Monthly : Vol.24(9) Page 26 the family cannot be considered a abuse of power and the domina- world, does not negate the issue. family matter. The DVA is an ex- tion of a wife. It has been said that It is also high time we stop blam- ample of a legislation that deals one marriage partner can make ing the West for everything we with violence/abuse in a domes- the other miserable, but can’t disagree with. tic situation. Domestic violence make the other unfaithful. Adul- (or child abuse for that matter) is tery is about choice and the adul- Resistance to recognizing marital no longer considered a private terer must take full responsibility rape (let alone criminalizing it) is family issue. It is an act of violence for his/her actions. not unexpected. Proponents of the that society does not tolerate. Mari- DVA know only too well that it tal rape should also be seen in the 5. Marital Rape took them more than 10 years to same light. Is A Western Idea get the Act passed. Recognition is just the first step towards access- 4. Legislation There are those who argue that ing justice for marital rape vic- Would Lead To marital rape is a western concept tims. From the experience with the Extra-Marital Affairs and designed to disrupt the fam- DVA, we know that legislation ily unit. Perak Mufti Datuk Seri Dr alone will not make the problem A letter to the press (NST 25 Aug Harussani Zakaria was reported disappear; however it will send a 2004) suggested, if wives have the to have said that Suhakam’s pro- very strong message to society that right to say “no” to their husbands, posal came about as a result of violence in the home (including then the husbands would be “faced Western influences, adding that the sexual abuse of a wife) is a with the dilemma of either committing Western society felt guilty over the crime and a public matter. It can- marital rape or the matrimonial offence way its men had treated women not be tolerated or condoned. In of adultery in seeking sexual release in the past and that was why it addition to legislation, greater with another woman”. strove to give women additional public awareness on this issue rights now (NST 23 Aug 2004). and support systems for women Comment:Comment:Comment: Once again women are in these circumstances are ur- held responsible for men’s ac- Comment:Comment:Comment: It makes no difference gently needed. tions. Marital rape is often what the origins of the phrase trivialized as an issue of a man ‘marital rape’ are. The point is As a signatory to the Convention wanting sex and the woman be- that this form of abuse occurs of the Elimination of Discrimina- ing difficult and forcing the poor throughout the world irrespective tion Against Women (CEDAW), sex-starved husband to compel of culture, religion or ethnic back- albeit with some reservations, Ma- his wife to have sex. Marital rape ground. That we learn from and laysia is morally obliged to take is not about sexual release. It is a share our experiences with appropriate measures to elimi- violent act. It is to do with the women from different parts of the nate discrimination against women, whether Muslim or non Muslim. The existing legislation on rape discriminates against women who are raped by their husbands. They have no legal protection. An AFP article Asia divided over the issue of marital rape (NST 28 Aug 2004) lists Australia, Japan, Taiwan, New Zealand, Philippines and South Korea in a growing list of Asian countries that recognize rape in a marriage. More recently, Indonesia has joined this list. Perhaps one day soon, Malaysia will have the cour- age to do the same. q

Aliran Monthly : Vol.24(9) Page 27 CIVIL-SYARIAH CONFLICT A View on Infant Conversions to Islam by Salbiah Ahmad

he recent High Court TTT ruling in the Shamala TT Sathiyaseelan v Dr. Jeyaganesh C. Mogarajah case, brought consternation among civil society groups not seen since Susie Teoh was decided in 1986. The case decided on April 2004 concerns the conversion of two Hindu infants, Saktiswaran and Theiviswaran, aged 4 and 2 years respectively, to Islam

In essence what this decision means is that the civil courts do not have the power to hear any “In all the circumstances and in the wider application on conversion to Is- lam as that is a matter for the state interests of the nation no infant shall have syariah court under the Constitu- the automatic right to receive instruction tion. relating to any other religion other than In 1988, the Federal Constitution (her) own without the permission of the was amended to include Art. 121 (1A), which says that the civil parent or guardian” courts shall have no jurisdiction in respect of any matter within the jurisdiction of the Syariah courts. earliest case was the 1986 case of The Susie Teoh Syariah courts are state Islamic Teoh Eng Huat v Kadhi of Pasir Mas Dilemma courts. Kelantan (the Susie Teoh case), which went on appeal to the then Susie Teoh was 17 years and 8 The Constitution provides for a Supreme Court in 1990. This case months when she became Mus- federal-state separation of legal was decided before the Art. 121 lim. Her father Teoh Eng Huat, a systems between a federal civil (1A) came into being. The next re- Buddhist, could not locate her and law system and a state Islamic law ported case was in 2003 decided he took the Jabatan Agama in system. in the Sabah High Court in Chang Kelantan to court. He applied for Ah Mee v Jbt. Hal Ehwal Agama Is- a declaration that, as father and There are three reported cases in- lam. Then we have the Shamala guardian to the infant, he had a volving infant conversions to Is- case decided in the Kuala Lumpur right to decide her religion, edu- lam in the civil courts to date. The High Court. cation and upbringing and that

Aliran Monthly : Vol.24(9) Page 28 her conversion to Islam was and the age of the onset of men- that the conversion of the infant invalid. The case was covered by struation for girls. Thus, there is a was void. the Guardianship of Infants Act, clear difference between the age 1961, a federal law of general ap- of conversion under Islamic law To recap, Susie Teoh was not con- plication, Art. 11 (1) (freedom of and that under civil law (which verted to Islam by her parent. She religion), and Art. 12 (3), (4) (right is 18, the age of majority). received religious instruction in to education) of the Federal Con- Islam (not known whether volun- stitution. In 1989, the Selangor state law- tarily or by compulsion) without makers passed an additional the knowledge and consent of her The High Court ruled that the fa- amendment to the Administra- father. In Chang Ah Mee, the in- ther’s right to decide the religion tion of Islamic Law Enactment (a fant was converted to Islam by the and upbringing of the infant (un- state Islamic law) to provide that father. der 18) is allowed “subject to the if an adult converts to Islam, any condition that it does not conflict infant children become converted The High Court in Chang Ah Mee with the principles of the infant’s at the same moment. disposed of the case by address- choice of religion guaranteed to ing two issues: (1) the jurisdiction her under the Federal Constitu- The passage of this law in the of the High Court on the matter tion”. In other words, the infant state assembly was opposed by and (2) the status of the conver- has a right to choose her own reli- lawmakers from the Malaysian sion. gion if she does it on her own free Chinese Association (MCA) and will. Susie Teoh was not in court the Democratic Action Party In disposing of the jurisdiction to testify if she had voluntarily be- (DAP). It, nevertheless, became issue, the court said that the case come Muslim “as her wherea- law after securing the required involved an interpretation of a bouts were unknown”. majority. This provision was even- state law and a civil court has tually ‘repealed’ by its non-inclu- such a jurisdiction even if the state The Supreme Court overruled the sion in a future amendment to law is one concerning the admin- decision of the High Court and that state law after a public out- istration of Islamic law. held that “in all the circumstances cry. and in the wider interests of the Although it was not mentioned nation no infant shall have the Eventually state Islamic laws on specifically in the case, the court automatic right to receive instruc- the conversions of infants were looked at the whole situation as tion relating to any other religion synchronized with the position one primarily involving the other than (her) own without the under civil law. An infant below guardianship and custody rights permission of the parent or guard- age 18 requires the permission of of parents over infants. In this sce- ian”. The Supreme Court, how- both parents and guardian in a nario, the relevant laws involve ever, did not proceed with the dec- conversion to Islam. This appears the interpretation of four sets of larations sought by Teoh Eng to be a sound reconciliation. laws: Huat as these were “only of academic interest” as Susie Teoh had Chang Ah Mee Case: 1 . Art. 12 of the Constitution on reached the age of majority by the Landmark Decision right to education; time the case was heard in the 2. The Guardianship of Infants Supreme Court in 1990. Ordinance (Sabah) as In Chang Ah Mee’s case, the fa- amended in 1999 (“AMLE The Aftermath ther became Muslim without the Sabah”); knowledge of the mother. He con- 3. The Law Reform (Marriage It might be noted that several states verted Junior Staphie Khoo, the and Divorce) Act, 1976 (“the have passed provisions in state child to the marriage, without Law Reform Act’); and Islamic laws by this time provid- knowledge and consent of the in- 4. The Administration of Islamic ing for the Islamic age of conver- fant’s mother on July 28, 1998. The Law Enactment 1992 (Sabah). sion at baligh, the age of adulthood mother obtained custody on Nov. which is stipulated as 15 for boys 13, 1998 and sought a declaration Art.12 provides:

Aliran Monthly : Vol.24(9) Page 29 Rights in respect of education them jointly, that is, it cannot be stepped in all questions relating (1) Without prejudice to the gen- exercised by the one without the to the upbringing and education erality of Art. 8 (equality other save when the other has of the infant (especially in the case clause), there shall be no dis- died”. where guardianship reposes in crimination against any citi- another person, who is not a par- zen on the grounds only of re- Section 68 AMLE Sabah provides ent of the child). ligion, race, descent or place of that “a person who is not Muslim birth – may convert to Islam if he attains The court also considered the (a) ... the age of baligh according to Is- Qur’an (sura al-Baqarah: 256), (b) … lamic law and provided that if a which propounds that there shall person is below eighteen (18) be no compulsion in religion. Fur- (2) ... years of age consent shall be ob- ther, the infant a two-year old is tained from the parents or his not of the age of baligh to be able to (3) No person shall be required to guardian”. utter the affirmation of faith. The receive instruction in or take conversion was therefore against part in any ceremony or act of To reiterate, this provision recon- AMLE Sabah as well and was worship of a religion other ciles the position at both civil and therefore null and void. than his own. Islamic law. A person who has reached the age of adulthood I think that this is a landmark de- (4) For the purposes of cl. (3) the (baligh) under Islamic law (which cision. This is the first case after religion of a person under the may be less than 18) requires the the Susie Teoh decision where the age of eighteen years shall be consent of both parents or a High Court had an opportunity decided by his parent or guard- guardian if that person has not to interpret the laws, both Islamic ian. reached 18 years of age. law (as legislated for the state of Sabah) and civil law, including Although Art. 12 (3) mentions Section 69 AMLE Sabah spells out the provision on fundamental lib- “parent or guardian” (singular), the formal requirements for a con- erties in Art. 12, in a case of con- the court was not persuaded that version, which includes the utter- version to Islam. Art. 12 intents that only one par- ance of the affirmation of faith or ent may determine the religion of shahadah made at the person’s free The Shamala Cases an infant below 18 in Art. (4). This will. is because the “Constitution does The Chang Ah Mee case was not not discriminate against the Having noted the positions of followed in Shamala. A High sexes….the term ‘parent’ in Art. parents as guardian, the court said Court decision is persuasive to 12 (4) must necessary mean both that the mother custodian has a another High Court, as both are the father and the mother….To right under section 89 (1) of the courts of coordinate jurisdiction. construe otherwise would mean Law Reform (Marriage and Di- depriving, for example, a mother vorce) Act 1976 (referred to as “the There were four Shamala hear- of her right as a parent to choose Law Reform Act”) to “decide all ings. This article refers to three the religion of the infant under questions relating to the upbring- hearings dated Sept. 11, 2003 (No. Art. 12 (4), if the father alone de- ing and education of the child”. 1), April 13, 2004 (No.2) and July cides on the religion to be followed The court did not clarify if this 20, 2004 (No.3) below. by the infant”. right supersedes the right of the other parent. In Shamala (No. 2) decided on The Guardianship of Infants Or- April 13, 2004, the High Court in dinance as amended gave both In my view, this point strengthens Kuala Lumpur held that the civil parents the same and equal right the constitutional argument that court has no jurisdiction to hear over the person and property of both parents have a right to deter- the mother’s application for a dec- the infant. “Such a right is illu- mine the religion of the infant and laration that the conversion of the sory unless it means that the hus- that the person who has custody infants to Islam without her con- band and the wife must exercise of the infant should not be side- sent was null and void. The judge

Aliran Monthly : Vol.24(9) Page 30 emphasized this point in Shamala court order “is not binding on the nesses in these reasons. Art. 12 (No. 3), decided on July 20, 2004 plaintiff wife who is non-Mus- did begin with the words, “With- (unreported). He appeared to say lim”. The interim custody order of out prejudice to the generality of that the court did not make any the High Court and proceedings Article 8, there shall be no dis- ruling on the conversion. There were binding on the Muslim hus- crimination against any citizen are, however, passages in both band as matters arising out of the on grounds only of religion..” Art. cases that appear to indicate that Hindu marriage registered under 8 is the provision on equality be- the court did not wish to disturb the Law Reform Act. As his Hindu fore the law. The court did not the change in status of the infants. wife did not file for divorce, she appear to read this as an equality remains “his unconverted wife” provision of the rights of parents. Case No. 1: under this law. The committal pro- Syariah Order ceedings apply to the husband. It ruled that “parent” under Art. Not Binding On 12 (4) means the father. The equal- Non-Muslim Wife Case No. 2: ity of parental rights provision No Jurisdiction under the Guardianship of In- Shamala (No. 1) decided on Sept. To Decide fants Act, 1961 was held inappli- 11, 2003, was a hearing for sev- cable to the Muslim father. After eral matters. The mother sought In Shamala (No. 2), decided on holding the 1961 Act as inappli- committal proceedings against April 13, 2004, the custodian- cable, the court applied the Susie the father of the infants for a mother sought a declaration that Teoh reasoning that the father as breach of the interim custody or- the conversion of the infants was guardian had a right to decide the der of the High Court of April 17, void. She relied on Art. 12 (4) of religion of the infant. This is curi- 2003. The High Court had granted the Constitution, the Guardian- ous as Susie Teoh’s case relied on custody to the mother with access ship of Infants Act, 1961, which the 1961 Act rather than Art. 12 to the father. He failed to return gives equality of parental rights (4). the children to her on May 25, and section 95 (b) of the Adminis- 2003. The mother also applied for tration of Islamic Law (Federal The court also considered the declarations that she was not Territories) Act, 1993 (hereinafter fatwa (legal opinion) of the Mufti bound by any decisions, order or referred to as “AMLE FT”). of the Federal Territory as per- proceedings of the syariah court. suasive on the facts. The Mufti The Guardianship of Infants Act, was of the opinion that the Mus- Shamala, the mother to the in- 1961 on equality of parental rights lim father is entitled to unilater- fants, married her husband under is similar to the Guardianship of ally convert the infants to Islam Hindu rites. The marriage was Infants Ordinance (Sabah) re- without the consent of the registered under the Law Reform ferred to in Chang Ah Mee’s case. mother. The fatwa did not appear Act. The husband became Muslim AMLE FT and AMLE Sabah dif- to cite any authoritative fiqh on Nov. 19, 2002 and he converted fer. AMLE FT uses the words “par- (opinions of jurists based on the infant children on Nov. 25, ent or guardian” and not “both Qur’an and Sunnah of the 2002 without the mother’s knowl- parents or a guardian” as in Prophet) arguments used by the edge and consent. The parties AMLE Sabah. Mufti. We thus do not know the were not divorced. The muallaf fiqh references relied upon to (convert) father had, without the The court ruled that only the con- support the opinion. knowledge of his wife and the sent of one parent is required in High Court, obtained a custody the conversion to Islam of a per- It will be noted that there is noth- order in the syariah court on Jan. son below 18 under AMLE FT. It ing in AMLE FT, passed by the 30, 2003. held that this is also consistent legislature, that incorporates the with Art. 12 (4) which provides principle enunciated in the Muf- The High Court ruled that the cus- for the words, “parent or guard- ti’s fatwa. As a general rule, the tody order issued by the syariah ian”. codification of fiqh principles in court “did not change the interim state law or Islamic law in the Fed- civil court order” and the syariah In my view there are certain weak- eral Territories indicate the legis-

Aliran Monthly : Vol.24(9) Page 31 lature’s preferences or selection of In any case, I have my personal These last sentences imply a pre- fiqh opinions to become positive doubts if Art. 121 (1A) is meant to ponderance on the part of the law. be used in this way at all. This judge to accept the conversion of article does not include my argu- the infants to Islam despite his If we refer to the Selangor state ments on this. ruling in Shamala (No. 2) that it law in 1989 law on ‘automatic cannot decide on the change in conversion of infants’ upon the Case No. 3: status for lack of jurisdiction. conversion of a parent to Islam, Mixed Signals that law purport to use a hadith The judgment did not cite section (reported sayings of the Prophet) Shamala (No. 3) decided on July 89 (1) of the Law Reform Act, as its basis. That hadith is not a 20, 2004 (not yet reported) was an which gives parent-custodian of well-established hadith in Is- application inter alia for custody, the civil marriage (which on the lamic jurisprudence. In any case care and control of the infants. facts still subsist) the right to “de- there is a clear and overriding The court awarded custody to the cide all questions relating to the Qur’anic injunction in sura al- mother with access to the father. upbringing and education of the Baqarah, verse 256, which states The court held the “right of reli- child”, when he cautioned the that there is no compulsion in gious practice of the two infant mother as above. religion. children shall be exercised equally by both parents” as laid out in the Even without a meticulous legal I did not read in the court’s judg- Guardianship of Infants Act 1961 critique of the reasons for the de- ment if these arguments were (despite ruling in Shamala (No.2) cision, one can see the problems raised in court. that the Act cannot apply to the in the Shamala reasoning. Both Muslim father then). Chang Ah Mee and the Shamala After these exertions in several (No. 2 and 3) cases were decided pages, the court concluded that it It also held that the law applica- by the High Court. Both cases had had no power or jurisdiction un- ble to the infants at the time of their to decide on the status of the con- der Art. 121 (1A) of the Constitu- conversion is the civil law. This version of infants and custody. In tion to decide on the conversion clear statement appears incongru- my view, the Chang Ah Mee case of the infants. According to the ous to the court’s position in was a better reasoned case. court, Art. 121 (1A) ousts the civil Shamala (No. 2), where it refused jurisdiction over the infants who to make any decision on the con- At the moment we have two cases are now Muslims and the tempo- version on ground that it had no of the High Court. Both are per- rary certificates of their conversion jurisdiction. In Shamala (No. 3) suasive. Another High Court may are conclusive. the court even ruled that the in- decide differently or opt for either fants were still Hindus “at the the Chang Ah Mee decision or the In my view, this is a questionable time of conversion” and the father Shamala (no. 2) decision in a case application of the case law on Art. should have consulted the mother on infant conversion to Islam. q 121 (1A). The cases cited on Art. before converting the infants. 121 (1A) to support the proposi- tion of ouster are cases of Muslim Despite this, it cautioned the Acknowledgments: converts out of Islam. The deci- Hindu mother from influencing The writer thanks Messrs sions thus far concluded that un- the infants’ religious belief “by Zainal Abidin & Co., for the til the state syariah court rules on teaching them her articles of faith reported cases cited in this the conversion out of Islam, the or by making them eat pork” as article and Messrs Daim & party concerned was still a Mus- the court “cannot run away from Gamany for the judgment of lim. In other words, those cases the fact that the two infant chil- the High Court in cited are arguably limited to situ- dren are now muallaf” and that Shamala’s case dated July ations of conversions outoutout of Islam. “they have been issued with tem- 20, 2004.2004.20, Shamala’s prayer relates to the porary certificates of Akuan conversion intointointo Islam. Sementara Pengislaman ”.

Aliran Monthly : Vol.24(9) Page 32 CAMPUS

Post-2004/2005 campus elections students’ demands: Restore Democracy on Campuses; Repeal the UUCA by SMM and GAMP, JERIT

n 15 September 2004, The following is a brief report of on public rallies, a ban on the use students from the coun- several incidents that occurred of certain slogans and a ban on OOO try’s public universities during the campus elections re- contesting as a group. exercised their collective cently: responsibility through campus 4. The implementation of e-vot- elections in electing leaders to the 1. Threats and condemnations inginging is the latest threat to the rights University Students’ Representa- via public speeches by university of students via what was prom- tives Council for the academic year administration officials, bulletins ised as secret balloting. The valid- of 2004/2005. and regulations that students ity of this electoral process is sus- would be expelled from their hos- pect because it lacked transpar- The students, however, were op- tels if they didn’t vote for the Pro- ency. The lack of transparency, the pressed and victimised by certain Government Aspirations candi- lack of confidence in its accuracy moves that undermined demo- dates. This happened in and trustworthiness, the high cratic principles in the conduct of Universiti Malaya and Universiti risks, the lack of scrutiny and the the elections. This situation is Kebangsaan Malaysia. violation of the secrecy of the bal- worrying given that universities lot are the main reasons for the are supposed to be the place 2. Restrictions and obstructions doubts among students over the where intellectuals and future against students who aspired to electoral system at Universiti leaders are nurtured. contest in the campus elections. Putra Malaysia and the Interna- At Universiti Teknologi MARA tional Islamic University of Ma- SM M SMM (Malaysian Students' Soli- and Universiti Malaya, deans laysia (UIAM). darity) and GAMP(Youth and practised double-standards by re- Students Coalition), JERITJERIT (Op- fusing to sign the candidature 5. The very short electoral cam- pressed People's Network) ques- forms of students who were not paign period caused difficulties tion the role of the Higher Educa- from the Pro-Government Aspira- among candidates who wanted to tion Ministry, which should have tions group, and at Universiti make themselves known and pub- wiped out corrupt practices so Utara Malaysia, students were licise their respective manifestos that democratic principles are barred from obtaining the candi- to the campus population. Con- upheld, in the administration of dature forms at the very outset. testants at UIAM were only al- universities. SMM and GAMP, lowed one day after the nomina- JERITJERITJERIT also regret that the univer- 3. Restrictions going by the name tion day to campaign, which was sity administrations on most cam- of Election Regulations. A number then followed by polling the next puses have acted with bias and of unreasonable restrictions were day. practised double-standards in the imposed on the election regula- conduct of the students’ elections. tions such as having one poster Thus, considering the importance This has led to the rise of a politi- containing the photos of all can- of justice and democratic princi- cal culture of fear. didates in a particular seat, a ban ples, SMM and GAMP, JERIT list

Aliran Monthly : Vol.24(9) Page 33 several demands in the effort to 3.3.3. The mass media should: ties and University Colleges Act improve campus democracy: • Stop labelling students as be- (UUCA), which denies the rights ing “Pro-Government Aspira- and freedom of students to ex- 1.1.1. The Higher Education Minis- tion” or “Pro-Opposition”; press, think, assemble and asso- try should:should:try • Issue a public apology to cam- ciate. Instead, this Act has given • Function professionally, be puses that were labelled as pro- immense powers to the university transparent, and not use its po- Opposition, particularly authorities to decide and imple- sition to advance a certain po- UIAM and UPSI, and then help ment campus policies. litical agenda in the universi- clear the names of these uni- ties; versities which have been tar- The consequence is that the lead- • Conduct an investigation into nished as a result of such la- ership potential of the students certain cases of irregularities belling. will fade if it is not nurtured in a that involve university admin- • Report factually and accu- student environment that should istration during the campus rately matters pertaining to be more encouraging and intellec- election campaign period; students’ elections or the Stu- tually stimulating. • Review the management and dents' Representatives Coun- conduct of the election so that cil; Hence, SMM and GAMP, JERIT it falls in line with democratic • Give due attention to official emphasise the need to repeal the principles and international statements or media confer- UUCA, which violates students’ standards; ences conducted by student rights in order to restore demo- • Be receptive and not dismiss leaders whether through the cratic space on campus so that the students’ views and criticisms. Student Representatives’ values of democracy and justice • Eliminate restrictions and Council or any other student can be inculcated in future lead- double standards against the bodies. ers. MPP of certain campuses especially in campuses where 4.4.4. Suhakam and Non-Govern- Finally, SMM and GAMP, JERIT the Pro-Opposition teams were mental Organisations should: urge all NGOs to lend support to said to have won, such as • Be consistent in tackling the this move to call on the authori- UIAM and UPSI. crisis of democracy on cam- ties to give attention to these stu- puses; dents’ demands in the effort to en- 2. University administration • Publish an official report on shrine democracy in the institu- should:should:should: the recent campus elections; tions of higher learning in our • Operate independently and • Give serious attention to and land. q not allow itself to be control- take necessary action on stu- led by any political force so as dents’ reports on violations of not to sacrifice the integrity of democratic principles on cam- SMMSMMSMM dan GAMP, JERIT the university; puses. comprises: Gabungan Maha- • Review the management and siswa Islam Se-Malaysia • conduct of elections to uphold The above demands are meant to Barisan Bertindak Mahasiswa democratic principles and to defend the credibility of universi- Negara (BBMN) • Malaysia avoid excessive bureaucracy ties and promote their role as the Youth and Student Democratic and irregularities in future; Sanctuary of Scholarship. Movement(DEMA) • Kelab • Not ridicule student leaders RakaIslah Malaysia (KARISMA) • Pertubuhan who have been elected by stu- These demands emerge out of our Kebangsaan Pelajar Islam Ma- dents into the Students' Rep- concern as students who have laysia (PKPIM) • Jawatankuasa resentatives Council; been educated in an intellectual Kebajikan Mahasiswa/i (JKMI) • Provide space for student lead- environment and who believe in • Food Not Bombs (FNB) • Radi- ers in the Students' Representa- the real meaning of democracy. cal Youth Action Collective tives Council to articulate their (Re:Active) views through the media and All the restrictions and oppres- elsewhere. sion are the result of the Universi-

Aliran Monthly : Vol.24(9) Page 34 REGION Reformasi: Human Rights Issues for President Susilo The new Indonesian leader must resolve a host of hot issues

hange” has been the duced by President Susilo’s ad- “C“C campaign mantra of In- ministration. “C“C“C donesia’s first demo- cratically and directly Separation elected President, Susilo Bambang Of Military Yudhoyono, popularly known as From Politics SBY. With nearly 61 per cent of the 116 million voters casting their The first test would be President votes in favour of President Susilo, Susilo’s attempt to review the con- the mandate for reformasi could troversial Indonesian Military not have been clearer. In only six (TNI) bill adopted by the House years since the fall of Soeharto, In- of Representatives on the last day donesia has made a quantum leap of its five-year term on 30 Septem- from authoritarianism to a real de- ber 2004 to replace Law No. 2/ mocracy but dissatisfaction with 1988 on the Indonesian Armed previous governments and expec- Forces. It comes into effect within tations from President Susilo re- one month after the House’s ap- main high. proval, with or without, the Presi- the people into supporting his dent’s signature. government for more than three If President Susilo were not to decades. Consequently, there is face the fate of impeached Presi- President Susilo promised to scru- strong reservation from the peo- dent Abdur Rahman Wahid, he tinise the bill to determine whether ple about the territorial command must tackle corruption, bring fi- it contradicted the constitution or structure. It remains to be seen nancial stability and uphold the military doctrines. He has so far what action is taken by President rule of law. His Democratic failed to make any specific com- Susilo, who served as Chief of Ter- Party and its allies have slightly ment on any particular articles or ritorial Affairs of the TNI. over 60 seats out of 550 in the issues pertaining to the Bill. The House. The opposition Nation- Bill, despite the flaws, still serves Exit Strategy hood Coalition consisting of to reduce the military’s power. But For Aceh outgoing President Megawati’s the bill is silent about the future of Democratic Party of Struggle, the military’s existing territorial Sixteen months have elapsed Golkar Party and a number of command structure after the law since the declaration of martial smaller parties, controls more comes into effect, saying only that law in Aceh in May 2003 but there than 300 seats in the House. Any the physical presence of troops on appears to be no exit strategy. The honeymoon period for Presi- the ground can be maintained in TNI has contained the Free Aceh dent is likely to be short lived. areas prone to conflict or incur- Movement (GAM) but the basic The opposition has the capac- sions by foreign powers. Former structure of GAM largely remains ity to shoot down virtually all President Soeharto used the terri- intact. The cost of war has been proposals and initiatives intro- torial command structure to coerce quite high. According to the TNI,

Aliran Monthly : Vol.24(9) Page 35 there were 1,164 victims of vio- Irian Jaya, Central Irian lence but only 662 civilian casu- Jaya and Irian Jaya. In a alties. The TNI figure, however, departure from Habibi, does not include the deaths of succeeding President 2,879 people, the detention of Wahid introduced 1,798, or the surrender of 1,954 Papua Special Au- people, who the TNI claims are tonomy Law 21/2001. members of GAM, or its sympa- Unfortunately, legisla- thizers. In addition, there are at tors involved in delibera- least 159 casualties on the TNI tions on Law No. 21/ side. 2001 failed to include an article stipulating that President Susilo needs to imple- Law No. 45/1999 was ment what he called the resolu- not legally binding. tion of the Aceh problem “in a fair President Megwati manner and as peacefully as pos- Sukarnoputri in a com- sible”. The military interventions plete U-turn introduced cannot resolve the Aceh crisis. As Instruction (Inpres) No.1 a confidence-building measure, of 2003 calling for the the government should scale speedy implementation down the TNI presence in Aceh of Law No. 45. and involve a mutually acceptable third party such as Japan to On 28 July 2004, experts facilitate the peace process. Presi- told the Constitutional dent Susilo would have to release Court of Indonesia that Law No. tonomy, which says the formation at least the jailed GAM negotia- 45/1999 on the formation of West of a new province requires the tors to allow real talks to begin Irian Jaya and Central Irian Jaya approval of the people of the again. provinces was no longer valid mother province. The Law No. following the enactment of Law 45/1999 ran counter to Article Addressing No. 21/2001 on special au- 18(b) of the Constitution, which Papua Questions tonomy for Papua. The division stipulates that the state should re- of Papua also failed to follow Law spect special regions regulated by Jakarta also needs to address the No. 22/1999 on regional au- law. The Papua Legislative Coun- West Papuan crisis. The recent cil has sought a judicial review of declassification of documents by Law No. 45/1999 and Presiden- the United States National Secu- tial Instruction No. 21/2003 argu- rity Archive states that the 1969 ing that they are contrary to the UN referendum on Papua un- Constitution and Law No. 21/ folded like a Greek tragedy, in 2001. which the conclusion was already preordained - Indonesia “cannot While the verdict of the Constitu- and will not permit any resolution tional Court is awaited, President other than the continued inclusion Susilo must listen to what of West Irian in Indonesia.” Papua’s Governor J.P. Salossa told the Constitutional Court on Jakarta has been wishy-washy on 28 July October 2004 - the division the Papuan question. In an at- of Papua would lead to rebellion. tempt to counter Papua’s call for The implementation of the freedom, then President BJ Habibi Papuan Special Autonomy Law adopted Law No. 45/1999 to di- Habibi: Adopted Law No.45/1999 to is crucial if the Acehnese were to vide the province into three - West divide Papua into three. be encouraged to accept solutions

Aliran Monthly : Vol.24(9) Page 36 within the framework of the Indo- Senior Commander Hulman nesian nation state. Gultom — who were convicted of perpetrating atrocities in East In addition, there have been in- Timor. All had been found guilty creasing human rights violations by an ad hoc Human Rights Court in Papua. On 2 September 2004, established by Jakarta in 2002 to the Chairman of the National scuttle the establishment of an in- Commission on Human Rights ternational criminal court. As a (Komnas Ham) of Indonesia, result of the latest court decision, Abdul Hakim Garuda Nusantara, only two of 18 defendants have stated that it had found initial evi- been convicted - former East Timor dence suggesting that security governor Abilio Soares and pro- personnel had committed crimes Jakarta militia leader Eurico against humanity in two separate Guterres, both of whom are civil- incidents in Papua a few years ian and ethnic Timorese. While ago. The conclusion was based on both Indonesia and Timor Leste an investigation conducted by rejected the idea of an UN tribu- Soeharto: Fallen President Komnas Ham between 17 Decem- nal, unless Indonesia in coopera- ber 2003 and 31 July 2004. In tion with East Timor can find a raids on Wamena villagers be- way to establish accountability tween April and June 2003 by for crimes against the humanity, Army troops, at least seven peo- the international community will ple were killed, 48 tortured and continue to have legitimate ques- some 7,000 others were forced to tions. flee. The sweeps were launched after suspected Free Papua Move- The reformasi should start now. ment (OPM) members stole 29 ri- The initiation of legal reforms – fles from the military armory in for an accountable government; Wamena on 4 April 2003. In for increasing independence, Wasior, at least three people were powers and resources for Komnas killed, 16 others tortured and doz- Ham; for ratification of the Inter- ens of houses were set ablaze national Covenant on Civil and when police raided a village fol- Political Rights, the International lowing the killings of six police Covenant on Economic, Social Abdul Rahman Wahib: Impeached Mobile Brigade (Brimob) officers and Cultural Rights, the Interna- President by alleged rebels on 13 June 2001. tional Convention on the Elimina- tion of All Forms of Racial Dis- Accountability crimination, the Rome Statute of For The Crimes the International Criminal Court and other international human Against Humanity rights instruments; for increasing In Timor Leste involvement towards the creation of a regional human rights mecha- Impunity is all pervading in In- nisms in the ASEAN region; and donesia. The United Nations is for helping the process towards finalising its study on the Indo- the restoration of democracy in nesian court judgment of July 29 Burma – must be included in the acquitting four military and po- agenda for reformasi. lice officers — Major General Adam Damiri, Colonel. Noer Source: Asian Centre for Human Muis, Lt. Colonel Sujarwo and Rights, New Delhi. Megawati: Outgoing President

Aliran Monthly : Vol.24(9) Page 37 WHEN THE VIRUS COMES ... Continued from page 40

amongst birds. As Deputy Prime Minister later H5N1 has the tendency announced that the govern- to mutate by acquiring ment would be transparent by genes from other vi- revealing all facts related to the ruses, hypothetically, detection of avian flu in the when a person is in- country to avoid ‘suspicion fected by both human among some members of the and avian flu viruses, the public’. exchange of genes by the two viruses occurs. This One can of course argue that exchange, in turn, could the reason the government con- bring about the emer- trols the information is that it gence of a new poten- fears that the people will not tially fatal strain that is be able to handle the dissemi- easily spread from one nated information, which can human being to another. cause public panic. The govern- If this happens, it could ment is, thus, acting like par- be the beginning of a ents who ignore sex education major flu outbreak or among their children so that subtypes of avian flu virus but pandemic. their children end up getting a lot of attention has been pregnant without understand- given to H5N1 due to several Government’s ing the reasons for their bal- factors. Studies have shown Approach looning abdomen! Regardless that H5N1 mutates rapidly and In Handling It of whether there was such a has the capacity to mutate by directive to banning reports of acquiring genes from other vi- The government’s handling of avian flu in our country, we just ruses that infect other animal the avian flu fiasco has been want the truth and we have species. With two documented rather inadequate. For in- every right to expect the truth incidents of its ability to cause stance, the government should to be told. We Malaysians have severe disease in humans, fur- be more transparent in dealing been disillusioned for too long ther laboratory studies have with the avian flu cases. The lo- that we now wish to live in the conclusively supported the be- cal media were reportedly real world, no matter how lief that this particular strain is barred from publishing any re- scary the truth may be. No indeed highly potent to hu- ports related to the avian flu doubt, there are still a lot of us mans. in Kelantan through a directive who are schizophrenic, living from the Prime Minister’s De- in the illusion created by the It is also of concern that the partment to the media via the government, and perpetuated virus is spread through saliva national news agency Bernama. by the schizophrenic political and faeces by birds that have This directive resulted in some parties. survived an infection for at newspaper publishers having least 10 days. This contributes to retract their headlines while It is therefore, the govern- further to the transmission of one ended up with two differ- ment’s social responsibility and the virus at live poultry mar- ent front-page stories. The moral obligation to inform the kets and, in the wild, among Prime Minister’s department public of any findings so that migratory birds. That said, it later issued another statement the people can contain the ‘out- is obvious that the chances of through its state-owned break’ by taking extra precau- infecting humans are increased Bernama denying that it had tions and keeping a lookout with the spread of the virus made such a directive. The for the signs and symptoms of

Aliran Monthly : Vol.24(9) Page 38 the disease before it spreads to claimed that the avian flu other livestock. Instead of virus was spread to Ma- wasting time denying the pres- laysia through the smug- ence of the virus in the coun- gling of exposed fighting try, the government should cocks and chicken meat. have put the public on alert Following this, a meeting stressing the possibility of the between Malaysian and virus being transmitted to our Thai authorities was country and getting veterinary planned to resolve ways departments ready for more to strengthen border se- regular checks on livestock. curity and to curb the This move might keep the de- spread of the virus. The partments well prepared to Agriculture and Agro- contain such incidences in the based Industries minister, future rather than ‘stumbling’ reacting to the outbreak upon cases and being caught of the virus in Kelantan, flatfooted. suggested that the Inter- nal Security Act be used The government should also against poultry smug- include the wildlife depart- glers to curb rampant smug- the virus being transmitted by ment in its effort to monitor the gling across the border. There other birds, including those in incidence of avian flu in the is indeed no necessity to resort the wild. This is however not country as there are a few sites to such a drastic and repres- a suggestion that all birds are in the country that have been sive law to curb the smuggling to be killed/culled to contain identified as stopovers for mi- problems as there are already the problem. gratory birds. Samples should existing laws that can be used be taken from birds in the wild to tackle these smugglers. Some people’s appetite for from time to time to remain fried chicken and roasted duck ahead of the outbreak. Reactions has not at all been affected by And Attitudes the avian flu outbreak. It is The government must also look notable that chicken lovers are into the fate of the affected still frequenting fast food farmers whose livestock had to It is natural that whenever chains selling fried chicken and be culled due to the detection there is an outbreak affecting tucking in chicken rice and of the virus H5N1. The out- our livestock, the sale of the duck rice like there is no to- break led to massive losses livestock will suffer. However, morrow (and I am definitely among poultry farmers in Pe- it is strange that some people one of them). So is it safe to ninsular Malaysia who supply are afraid of eating chicken but eat chicken (and duck and all livestock to Singapore and not duck amidst the avian flu other birds under the sun)? other neighbouring countries outbreak. While the virus was Unless you are a huge fan of when the import of live birds reportedly detected in chick- chicken-sushi, chicken umai or from their Malaysian suppliers ens in a farm in Kelantan, avian any raw chicken dishes, you was banned. In fact, according influenza virus, which means are all right. q to Malaysia’s Federation of bird flu virus, can be also trans- Livestock Farmers Associa- mitted to ducks and other tions, the poultry industry lost birds. It is a misconception to Gustri Ayuka is the pseu- staggering RM10 million daily think otherwise and people donym of a socially con- following import bans by Sin- should be aware of it. I might scious biotechnology re- gapore and other countries. be deemed as paranoid for searcher.searcher.searcher. pointing this out but we should In a media statement, officials not dismiss the possibility of

Aliran Monthly : Vol.24(9) Page 39 HEALTH When the Virus Comes Knocking on Heaven’s Door The government must be totally transparent in handling avian flu by Gustri Ayuka

hen the avian flu out- humans. We only feel WWW break hit Vietnam and threatened and get Thailand once again hyper when a disease earlier this year, no hits our species. SARS one flinched in our ever so is evidence of how Edenly Malaysia. Subse- afraid some people can quently, the scene changed to get although the fatal- that of panic and fear when the ity rate is much lower virus arrived at our doorstep than that of HIV/ in Kelantan recently. On Au- AIDS, which has been gust 17, 2004, avian flu virus a major concern in the variant H5N1 was reportedly African continent. detected in a farm in Kampung Baru Pasir Pekan, Kelantan. Although avian flu is Following this discovery, about spread through direct 200 chickens, ducks and other contact with infected birds in the village were culled live poultry, there is a in a move to prevent the fear that the flu could spread of the virus, which has mutate and be passed been a deathly scare in the on to humans, result- Asian region. Apart from the ing in the next human flu pan- 2003, the public was further culling, the village and a radius demic. Normally, avian influ- alarmed by an outbreak of of 10km of its surrounding ar- enza viruses only affect birds H5N1 strain avian flu in Hong eas were subjected to quaran- and pigs and not other species. Kong, which reportedly tine. The virus was reportedly In 1997, however, the H5N1 claimed one life. discovered in local livestock strain, which was responsible during a routine check on the for an outbreak among birds, So why is the H5N1 strain such village following reports that was also found to have caused a big deal? Apparently, the chickens in Narathiwat in Thai- severe respiratory disease in 18 highly publicised avian influ- land had been infected by the people resulting in 6 deaths. enza virus variant H5N1 is a virus. This incident marked the first deadly variant that was re- documented infection of hu- sponsible for 19 deaths in Vi- What Is Avian Flu? man beings by an avian flu vietnam and eight in Thailand rus causing severe illness and earlier this year. There are 15 Why is avian flu a big issue? In high mortality, which naturally this Homo sapiens-centric world, alarmed public health authori- Continued on page 38 everything revolves around us, ties. Previously, in February

Aliran Monthly : Vol.24(9) Page 40