For Justice, Freedom & Solidarity

For Justice, Freedom & Solidarity PP3739/12/2007 ISSN 0127 - 5127 RM4.00 2007:Vol.27No.7

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Aliran Monthly : Vol.27(7) Page 1 ~ page40page40~ COVER STORY Redeem the judiciary: Appoint Royal Commission of Inquiry If we love justice, honour the rule of law; if fairness and truth means anything to us; then we must pay heed to the saying, “There is always time to make right what is wrong.” by P Ramakrishnan

n independent judiciary AA is critical to the success AAA of the nation. It is an independent judiciary that commands the respect and confidence of the people of a country and ensures the rule of law. With- out an independent judiciary there will be no fairness, no justice, no truth, no accountability. It is for these reasons that we must insist on a judiciary that is not beholden to any individual or powers-that-be.

A democracy is but a name and a sham without an independent judiciary. All the trappings of a democracy and judiciary do not ‘All the guarantee justice or democracy. We have what is claimed as the trappings biggest courtroom buildings referred to as the Palace of Justice of a and an imposing parliamentary democracy building termed as a first-class luxury. and judiciary

But, as the explosive Lingam do not videoclip has revealed to the country, we do not have a ‘first guarantee class’ justice or democracy. It is justice or only a perception, an illusion and nothing more - no matter what democracy.’ Datuk Nazri may claim!

Aliran Monthly : Vol.27(7) Page 2 EDITOR'S NOTE

What are we focusing on in this issue? Correct! Cor- rect! Correct! It’s the explosive Lingam video clip CONTENTS and the impact it has had on Malaysian society.

In our cover story, P Ramakrishnan asserts that eve- COVER STORY rything that could go wrong with the judiciary has ••• Redeem The Judiciary 222 gone wrong. The only way to redeem the judiciary, he ••• Politics Of Disappearance 555 argues, is to appoint a royal commission of inquiry with broad powers to look into all that ails the bench. ••• Aliran and Lingam's Tape 888 Yeo Yang Poh then warns us that ‘the politics of dis- ••• The Time Has Come For Us To Act appearance’ - the gradual disappearance of societal Decisively 131313 pillars such as justice, fairness, democracy and accountability - is flourishing in Malaysia. It is time for FEATURES Malaysians to banish such disappearances. ••• A Really Burok Shooting 141414 Meanwhile, the Coalition Against Health Care Pri- ••• Aliran Turns 30 191919 vatisation urges the Prime Minister to cancel the ••• 30 Years Of Aliran 232323 Full-Paying Patients scheme as it will affect the qual- ••• Plantation Giants Abdicate ity of care provided to the lower-income group. Jeyakumar Devaraj then calls for the law to be Responsibility 262626 amended to protect the rights and welfare of re- ••• Cancel The EPF Scheme 282828 trenched plantation workers. ••• Dog-catching Competition Scrapped 303030 ••• Is ‘Malay Cowardice’ Really The In our back cover story, Rustam Sani wonders if Problem?Problem?Problem? 404040 ‘Malay cowardice’ is really a problem as some once powerful Umno leaders suggest. To create a modern, dynamic Malay society, he argues that Malay REGULARS society must first be freed from the shackles of forced ••• LettersLettersLetters 171717 homogeneity. ••• Current Concerns 33 In other piece, Rama recalls the ups and downs in the 30 years of Aliran. Those in Aliran were once OTHERSOTHERSOTHERS labelled and abused – but at the same time, they ••• Subscription Form 383838 also discovered the joy of standing up for justice ••• Aliran T Shirts 393939 and found what makes living worthwhile. Anil Netto meanwhile writes about another ‘alternative’ night to remember, coming so close as it did to the Published by official celebrations to mark 50 years of Merdeka. Persatuan Aliran Kesedaran Negara (ALIRAN)(ALIRAN)(ALIRAN) Remember, we are doing this for the interest of the 103, Medan Penaga, 11600 Jelutong, country, not for ourselves! God bless you and your family. Penang, Malaysia. Tel: (04) 658 5251 Fax: (04) 658 5197 Email (Letters to Editor): ALIRANALIRANALIRAN is a Reform Movement dedicated to Justice, Freedom & Solidarity and listed on the [email protected] roster of the Economic and Social Council of the Email (General): [email protected] United Nations. Founded in 1977, Aliran welcomes Homepage : http://www.aliran.com all Malaysians above 21 to be members. Contact the Hon. Secretary or visit our webpage. Printed by Konway Industries Sdn. Bhd. Plot 78, Lebuhraya Kampung Jawa, 11900 Bayan Lepas, Penang

Aliran Monthly : Vol.27(7) Page 3 No independent Lingam was also accused of hav- lawyer was close to UMNO and judiciary ing written part of the judgment he was forced to resign as Chair- in a case he featured in. This same man of the Umno disciplinary When we have an independent Lingam was chastised soundly by committee when it was discovered judiciary, we can expect democ- the Court of Appeal in the Ayer that he had secretly taken on an- racy to prevail - because the ex- Molek case for his less than hon- other wife by marrying in Thai- cesses of the executive can be ourable role in this case. land. Is this the qualification that reined in and it can be held ac- was required to be appointed as a countable for its actions. Remember Justice Ajaib Singh Federal Court Judge, many won- who dragged his foot and delayed dered. Unfortunately, it is a widely held a decision that could have been perception that an independent ju- taken within the hour in the Salleh Taking all these promotions into diciary does not exist in Malay- Abas case thus interfering with consideration, let us ask why Sri sia. It has become, in the eyes of the process of justice? And how Ram was not elevated to the Fed- the many, an institution that does he was elevated to the Supreme eral Court? Compared to all the not uphold the Federal Constitu- Court soon after that! other appointments to the Federal tion and fails to deliver justice. Court, what was lacking in Sri Remember Justice Augustine Paul Ram that he was overlooked? He What has gone wrong? In one - though junior in rank, he was writes good, solid judgments and word: Everything! From the ap- transferred to KL to hear Anwar delivers on time. Was that held pointment of judges, to their pro- Ibrahim’s case. He shocked the against him? motions, from the perceived and entire nation with his conduct and stated instances of corruption in judgment. He is a Federal Court When first, someone said, “A good the judiciary, to the failure of de- judge now overriding many oth- lawyer knows the law but a great livering written judgments for ers who should have been consid- lawyer knows the judge” the im- years while the accused unfairly ered for promotion, mediate response was, “That’s continue to rot in jail; from the preposterous!” Now when that openly revealed occasion when Remember the public prosecutor same thing is said, the response the head of the judiciary had in- who tried to plea bargain a case is, “How true!” structed a judge to deliver a deci- involving Nallakaruppan with sion favouring the government to Manjit Singh to implicate Anwar It is a generally held belief that the time when an election judge Ibrahim so that Nallakaruppan’s the judiciary has become so cor- disqualified a duly elected MP charge, which carried a death rupted and perverted that it and questionably declared the sentence, might be reduced? The must be redeemed and rescued throughly defeated candidate as top legal officer of the court was from the morass of filth that it is duly elected in an attempt appar- suggesting that a lie be concocted bogged in. And the only saving ently to please the government as to do in someone who was seen grace for the judiciary is the ap- if he was returning a favour. as a danger man to the govern- pointment of a Royal Commis- ment. We are reminded of the say- sion of Inquiry. No other meas- If you think that this was not ing, “Give a bad name to a man ure will do and nothing else will enough dirt to spite the judiciary, and hang him!” save the judiciary. we can recall much more to fault the discredited judiciary. Remem- Perverted system If we love justice, honour the rule ber the holidays that the Chief Jus- of law; if fairness and truth means tice and the Attorney-General and Recently the nation witnessed one anything to us; if we seriously and their families spent with V K lawyer in private practice who sincerely obey the command- Lingam’s family in New Zealand was straightaway elevated to the ments of God, then we must pay and Italy respectively – which Federal Court over and above heed to the saying, “There is al- raised many questions and other deserving judges with a lot ways time to make right what is sparked a furore? This very of experience and expertise. This wrong.” q

Aliran Monthly : Vol.27(7) Page 4 COVER STORY Politics of disappearance No justice for sale! No more vanishing tricks! by Yeo Yang Poh

Lawyers walking for justice

do not understand why the streets of Yangon and from the Truly, in such matters of funda- II so many people are mes- psyche of the Burmese people. mental rights, Malaysia performs III merised by Houdini’s “Go home or be shot” was the better than some countries, such acts of making huge ob- health warning released by the as Sierra Leone, Zimbabwe, jects seemingly disappear. We junta. Burma, Uganda, Cuba, and a list know that those objects did not of others one would paint with the really vanish. Those were just Gradual paralysis same brush. clever tricks. Malaysia is indeed more fortu- Does that mean that we ought to Politicians are far more skillful nate. No such public-health ad- sit back and count our lucky stars and authentic. In fact, they make vice was necessary, when more that the politics of disappearance significant things disappear for than 2,000 people (mostly lawyers) has not arrived at its nadir in Ma- real. came forward on 26 September laysia? And should we wait for 2007 in Putrajaya to claim and ex- the stroke of that brush to reach For instance, in the 1970s and ercise their basic freedom of as- us? 1980s, politicians with military sembly and freedom of expression. flair in South America had sys- Some attempts were made to There is another brand of politics tematically made thousands of render it more difficult for partici- of disappearance flourishing in their troublesome citizens literally pants to reach the place of assem- Malaysia, a less lethal but none- disappear. bly – which made them even more theless paralysing kind. It engi- determined, and caused the event neers the gradual disappearance These past days the junta in to last much longer than it would of societal pillars such as justice, Burma has been working hard to have otherwise – but no barbaric fairness, democracy and account- make daily events disappear from threat was issued. ability. Without the usual swift-

Aliran Monthly : Vol.27(7) Page 5 ness of the magical art of vanish- The content of the video clip is who had participated or wit- ing, the Malaysian brand of dis- chilling and outrageous. The nessed it; but by civil society in appearance works somewhat video clip sent a major tremor general. Its meaning was under- slowly and is, thus, more difficult through the legal fraternity and stood by the rakyat, its significance to detect. civil society. appreciated.

The latest example is the disap- But that was not the greatest The success and importance of pearance, newly discovered, of shock. the Walk were confirmed when it some records related to the Navy’s drew strong and emotional at- RM6.75 billion purchase of six As if the original sensory treat- tacks from some in authority. For offshore patrol vessels. How long ment was not jolting enough, the them to call the Walk ‘unbecom- will this scar remain in our con- authorities’ response to it seemed ing’ testified to its appropriate ef- sciousness? What impact will it calculated to administer even fectiveness. If, instead of 2,000, have on our actions? more shock. only twenty lawyers had turned up, the event would simply have Lawyers have long realised the ‘What tremor? I did not feel any been laughed off rather than potency of such a dose of slow earthquake’ – this was the nature smeared. poison. We, therefore, engaged, of one amazing official reaction. lobbied, proposed, urged, and Saying that the Bar Council be- pleaded. We submitted memoran- ‘Uh?’ is perhaps the politest com- haves like the Opposition (what- dum after memorandum. We ment one could give to that os- ever that means) discloses the passed resolution after resolution. trich-like response. kind of desperation that drives one For decades we went through to illogical generalisation, label- ‘proper channels’. Seeing that the authorities ap- ling and personal attack. It betrays peared to be immunised against an inability to respond with rea- Nothing much has improved. movements on the political Rich- son. ter scale, and since decades of Historic Walk quiet diplomacy had come to Some accused the lawyers who for Justice naught, lawyers thought that a took the Walk of thinking that they gentle walk might shake the were in Pakistan and reminded us Then came the homemade video ground that tremors had failed to that we are ‘not Pakistan’. How of a dialogue-revealing mono- move. thankful we are of this fact. But logue that rivals the best lines by what has been left unsaid is that Shakespeare, Beckett, Pinter, or Ah, that historic Walk for Justice! the Bar Council took its position Gao. The audio-visual effects of and action precisely to ensure that the video have had a huge impact. Its effect was felt, not just by those we do not become Pakistan.

Aliran Monthly : Vol.27(7) Page 6 Justice for sale?

Why is the Malaysian Bar so concerned about the revelations in the video clip?

The central issue is a grave one. Bluntly put, it is about whether justice is for sale in Malaysia.

The selection and promotion of judges should not be the subject matter of brokerage or patronage, least of which conducted by persons with business or political interests or, worse, by litigants and likely litigants! The video clip exposes exactly the chilling pos- sibility that this might well have happened!

The alleged offence being such a serious one, how can any response from the authorities, short of an immediate full-scale inquiry, ever suffice? Anything less will be an extension of the politics of disappearance, wanting to make a This is the Bar’s demand, and, I When the nude-squat video sur- scandal vaporise into thin air. believe, the citizens’ demand. In faced, the people were outraged. the face of such revealing prima When images of Nurin’s gory Of course, the question of the au- facie evidence, we cannot permit death were seen, citizens were thenticity of the video clip is a rel- this episode and the issues enraged. People demanded action. evant one and should be exam- raised by it to disappear from Nobody argued, “Hold on, let’s ined. But it is far from being the society’s radar screen, after an first find out whether the video or only issue that demands an inves- initial uproar, without a mean- the images are authentic.” tigation. Rather, it is one of many ingful investigation that estab- issues that must be simultane- lishes true accountability. Oth- Rage, when it is not blind, and ously investigated in depth and erwise, we deserve to be harshly when it is directed not at persons in a transparent, thorough and and derogatorily judged by fu- but at wrong or evil deeds, is a convincing manner. ture generations. useful catalyst for reform.

Commission of Inquiry The politics of disappearance is It is time for Malaysians – but we designed to escape accountability. need a sufficient number of The only satisfactory way to do Ultimately, if the politics of dis- Malaysians – to banish the poli- so is by way of holding a Com- appearance succeeds, it is because tics of disappearance. Are we up mission of Inquiry (with full pow- we, the Malaysian people, permit to the task this time? q ers under the Act) comprising it to succeed. persons of impeccable integrity Yeo Yang Poh is the imme- and who are acceptable to those Wittingly or otherwise, too many diate past president of the for whom the justice system is con- of us have allowed this game of Bar Council of Malaysia structed, namely, civil society. tricks to go on for too long.

Aliran Monthly : Vol.27(7) Page 7 COVER STORY Aliran and Lingam's tape

Anwar’s expose: Suspend Chief grossly wanting in the judgments they deliver - and Justice immediately the written judgments they fail to deliver. There are judges who apparently cannot uphold the supreme law of the Constitution but choose to deliver their judgments, unfortunately, according to their religious belief as was clearly demonstrated in recent cases involving non-Muslims whose spouses had converted.

The judiciary no longer commands the confidence of the public at large simply because of question- able appointments and promotions of certain judges deemed to be without merit and seen to serve a certain purpose. Some of the judges implicated in the video clip appear to be not beholden to Truth and If it is true that there was a devious plot to promote Justice but apparently appear to be slaves to do the certain judges to secure favourable judgments in fa- bidding of the Executive. The video clip also revealed vour of the BN government and that there is evi- that the Chief Justice was apparently associated with dence now to support this allegation, it demands certain prominent political and business figures. the setting up of a Commission of Inquiry immedi- This is truly tragic. ately. Aliran demands that the Chief Justice be immedi- The rot in the judiciary must be addressed urgently ately suspended so that an Independent Commis- and as a matter of priority. All judges who have sion of Inquiry can get to the bottom of the truth been appointed and promoted through the alleged without any interference or sabotage. This first step conspiracy of the executive with individuals and is of vital importance. judges - thus bypassing all those deserving such promotions - must be purged to save the judiciary Further, we demand that there should be an earnest from the clutches of the executive. Justice has been judicial review for the following: subverted by these tainted appointments. 1 . All judgments involving Datuk Seri Anwar These judges must be deemed as co-plotters in this Ibrahim’s court cases; nefarious scheme, which has destroyed the system 2. The farcical sodomy conviction cases of Sukma of justice that was once held in high esteem interna- and Dr Munawar Anees; tionally prior to the shameful assault on the judici- 3. The sacking of Tun Salleh Abas, Tan Sri Wan ary in 1988. Since then, the judiciary has been slid- Suleiman and Datuk George Seah; ing into a rut and is now deemed to be an institution 4. The elevation of Tan Sri Moktar Abdullah to the without a soul or honour. It has sunk so low that it Federal Court some three weeks after his r e - has reached rock bottom and it has lost the respect tirement from his office as the Attorney-General; of well-meaning Malaysians who are appalled at 5. The Ayer Molek case; the state of the judiciary. 6. The Metramac case; 7. All high profile cases in which these judges sat Though the judges take the oath of office to uphold after leap-frogging over more senior and deserv- the Federal Constitution, they have been found to be ing judges still in service;

Aliran Monthly : Vol.27(7) Page 8 8. Justice Idid’s letter which condemned and im- the Bar Council to undertake this great task in the plicated 12 judges by citing 112 serious allega- national interest and as a matter of patriotic duty. tions of corruption and malpractice; 9. Reporter Raphael Pura’s allegation that lawyer The Bar Council should call for an Extraordinary V.K. Lingam had written parts of the judgments General Meeting and adopt a resolution calling for of a judge in his defamation case; the boycott of the courts until such time when an 10.The case of certain judges holidaying overseas Independent Commission of Inquiry is set up com- with lawyer V.K. Lingam. prising individuals of impeccable integrity. The resolution should further direct the members of the Bar All these cases only confirmed that the ugly hands Council to shun all those judges who are deemed to of politics were pervasive in our system of justice have leap-frogged over more senior and deserving which was manipulated as a political tool. Many of serving judges. these appointments and promotions seem to suggest a political reward. Many perceive this as scan- It is abundantly clear and established beyond any dalous and unbecoming conduct raising serious shadow of doubt – as can be seen through the Lingam questions of ethics and integrity. tapes - that the promotion and appointment of judges are based on political manipulation and sinister ma- The controversy that we are embroiled in is a seri- noeuvring by unscrupulous parties to secure their ous one that has completely undermined people’s power base. They have sacrificed justice and have confidence in our system of justice and tarnished made a mockery of a hallowed institution that was the image of the judiciary irreparably. meant to uphold justice and fairness.

Any delay in addressing this issue will make a This is one occasion which makes it possible to re- mockery of justice and turn Malaysia into a laugh- form and rejuvenate the judiciary and deliver it from ing-stock. the doldrums it has been forced into by unscrupulous and unethical persons garbed in judicial robes. P Ramakrishnan Uncouth lawyers with their political connections President and close associations with discredited judges have 20 September 2007 tainted the fair name of justice and have brought shame and disrepute to the judiciary. Boycott the courts, shun the discredited judges It is with pride that Aliran remembers members of the Bar in the mould of Raja Aziz Addruse who Aliran calls upon the Bar Council to save the judici- refused to appear before the Supreme Court presided ary. It is only the Bar Council that can do this. The by Tun Hamid Omar on a matter of principle fol- Council and its members are well placed to play lowing the executive assault on the judiciary in 1988. this role effectively and successfully. No one else Hamid played an active role in the dismissal of Tun can purge and cleanse the judiciary. We call upon Salleh Abas and the sacking of Tan Sri Wan Suleiman and Datuk George Seah - the three inno- cent victims of a political plot. He was shunned like a leper and that’s the way to treat all the co-plotters who have ruined the judiciary.

Aliran has no doubt that the Bar will rise up to this occasion and set an example for the rest of the country to follow so that sanity, democracy and decency will be restored to our national life.

P Ramakrishnan President 21 September 2007

Aliran Monthly : Vol.27(7) Page 9 Why is the Chief Justice convey this bit of news? whispering to Nazri? And why does Nazri act as a messenger boy to tell It is indeed perplexing why Chief Justice Ahmad the whole world that Lingam was not talking to Fairuz Sheikh Abdul Halim refused to respond to Fairuz? Couldn’t he have advised Fairuz to com- Malaysiakini when asked about the Lingam tapes. municate directly to the people who are anxiously His reply was “No comment”. What does this indi- waiting for word from Fairuz? cate? It only encourages all sorts of speculation. We are still waiting to hear from the horse’s mouth. By refusing to be forthright in his response, he only The longer he delays, the harder it will be for him to encourages Malaysians to believe even more that he convince the people who are wondering what ex- was the one on the other end of the Lingam conver- cuses are being cooked up in the interim. sation. P Ramakrishnan If he was not the person Lingam was speaking to, President he should have categorically denied this immedi- 24 September 2007 ately and put a stop to the guessing game. But he did not. Malaysians are now wondering why he “I’m his minister” : Where is did not state vociferously that he had nothing to do judicial independence, Nazri? with the Lingam tape and that he was not even re- motely associated with that conversation. Wouldn’t Any sensible Malaysian must be puzzled and be- that be the natural reaction of a person who was fuddled with Nazri’s response to those who asked being falsely implicated? why the Chief Justice had to respond to the Lingam videotape Ahmad Fairuz owes an expla- uproar through the minister. They nation to the nation. He is duty- must have been horrified to hear bound to clear his name and up- Nazri blatantly claiming, “I’m his hold the integrity of the judici- (the Chief Justice’s) minister.” ary. Instead of doing this, he quietly rings up Minister in the By stating “I’m his minister”, is Prime Minister’s Department Nazri trying to say that the the CJ Mohd Nazri Abdul Aziz to deny must go through him for whatever that that he was “the person at clarification he has to make and the end of a telephone conversa- that the CJ is subordinate to the tion with prominent lawyer V K Minister in the Prime Minister’s Lingam”. Why does he owe an Department? explanation to Nazri and not to the nation? Does he think that If that is your position, Nazri, Nazri is more important than the where then is the independence nation? Don’t the people count? of the judiciary? What is meant by the separation of powers in our In the tape, Lingam tells the person on the other system of governance? Does the Judiciary come unend, “ Being the old man, he is 76 years old, he gets der the purview of the Executive? Is that what he whispers everywhere, and when you don’t whis- meant when he stated, “I’m his minister.” per, he gets taken away by the other side.” Did Fairuz heed this advice and choose to whisper to Nazri? Instead of fiercely protecting the independence of Why should he whisper and not shout out loudly the judiciary, the CJ seems to be subjecting himself that he was not the person Lingam was talking to so and, by implication, the entire judiciary to the su- that everyone can hear what he has to say? pervision of the Executive. This is what is troubling Malaysians. Why can’t he speak directly to the people who are devastated by the Lingam tapes. Why does he need It is difficult to understand the CJ’s conduct. Is he a third party? Why does he need a messenger to overwhelmed by the sudden turn of events by the

Aliran Monthly : Vol.27(7) Page 10 release of the Lingam tapes that he is completely Aliran rejects panel: bowled over and unable to think rationally? Haidar tried to block Supreme Court sitting in 1988 That may be the case. In the first instance, he did not phone Nazri but instructed his special assistant Aliran rejects the ap- Ahmad Fairuz to dash off a two-paragraph fax to pointment of the three- inform Malaysiakini that “he has no comment”. He man panel to probe into did not convey this through “his minister” but chose the authenticity of the to respond directly through his special assistant. Lingam tapes. The government’s move does not When he had gone through the trouble of instruct- go far enough or deep ing his special assistant to come out with his “no enough to address the comment” statement, surely he could have easily serious problems plagu- stated that he was not the person on the other ing the judiciary. The rot end of the phone and cleared the air. Why didn’t in the judiciary extends he do that? Surely, he owes the nation an expla- beyond the Lingam tapes. nation! Establishing or debunk- ing the authenticity of the tapes is not going to solve As for Nazri, his criticism of the Bar for planning to the crisis in the judiciary. It is not the be all or the march to the PM’s office to submit a memorandum end all of the matter. is without merit and logic. His running down of the Bar by likening its conduct to that of the opposition The appointment of Tan Sri Haidar Mohd Noor - is preposterous. the former Chief Registrar of the Supreme Court in 1988 - to head this panel not only raises eyebrows Going by his own logic, can we then equate the but raises serious questions of concern and propri- Barisan Nasional to Pas when two BN Prime Min- ety. Let us not forget Haidar’s role in the sacking of isters and a deputy premier proclaimed Malaysia Tun Salleh Abas, which triggered a crisis from as an Islamic country? Can we say that the BN is which the judiciary has never recovered. doing what Pas wants to create? Haidar, acting under orders from the disgraced Tun As for his claim, “If they want to stoop so low and Hamid Omar, played a key role in trying to subvert go there like (an) opposition demonstration, cer- an emergency Supreme Court sitting to hear an ur- tainly they will lose my respect because I have been gent application by Tun Salleh’s counsel. having a good relationship with the Bar.” We can safely assume that the Bar is not bothered about los- Supreme Court Judge Tan Sri Datuk Wan Suleiman ing his respect especially when he cannot see clearly had sought Haidar’s cooperation on 2 July 1988 in what is at stake in this issue. convening an urgent special sitting of the Supreme Court. The judge pointed out to Haidar that Hamid His suggestion that “lawyers should send a memo- was actually an interested litigant and for that rea- randum to him or the Prime Minister Abdullah son could not make any decision regarding the Su- Ahmad Badawi as this would be a proper manner preme Court sitting.(Hamid was promoted to Lord of response” is indeed laughable. President after Salleh’s ouster.) Wan Suleiman also instructed Haidar to await the decision of the spe- Let us ask Nazri: If the lawyers and judges of Paki- cial sitting and if necessary to sign any order. stan had followed this advice where would their judiciary be today. Would their sacked Lord Presi- But Haidar informed Wan Suleiman that he had dent have been reinstated had they not marched and received instructions from Hamid not to get involved demonstrated in defence of justice? in any action taken by the Supreme Court.

P Ramakrishnan Wan Suleiman then said that he himself would sign President whatever court order that might be made and take 25 September 2007 responsibility for the matter.

Aliran Monthly : Vol.27(7) Page 11 But Haidar was not satisfied. He went to the Su- to predict the outcomes of certain cases. The situa- preme Court Registry and ordered the staff to lock tion has become so deplorable that certain litigants up the Seal of the Supreme Court in the cupboard. rightly felt deprived of justice. These cases must be And, as it was around 12.45pm, he also told the reviewed so that justice will be restored to those de- staff that they could go home. He said he was acting serving it. under Hamid’s orders. Aliran had in an earlier statement called for the re- Obviously, Haidar was working in close coopera- view of the following cases: tion with Tun Hamid in preventing the Supreme Court Judges from convening the urgent sitting. As 1 . All judgments involving Datuk Seri Anwar K Das, in his memorable book May Day for Justice, Ibrahim’s court cases; observed: 2. The farcical sodomy conviction cases of Sukma Darmawan and Dr Munawar Anees; ...that Saturday’s events were not those one associ- 3. The sacking of Tun Salleh Abas, Tan Sri Wan ates with courts of law in a democratic country. Suleiman and Datuk George Seah; Locking the doors of a court and concealing the court 4. The elevation of Tan Sri Mohtar Abdullah to the seal is something too wild to contemplate outside a Federal Court some three weeks after his retire- dictatorship or a soap opera. ment from his office as the Attorney-General; 5. The Ayer Molek case; And yet it is this same Haidar who is going to chair 6. The Metramac case; the “independent” panel to investigate the explo- 7. All high profile cases in which these judges sat sive Lingam tapes. His conduct in 1988 was ques- after leap-frogging over more senior and deserv- tionable and, according to Datuk George Seah in an ing judges still in service; article in Aliran Monthly, could have even consti- 8. Justice Idid’s letter which condemned and im- tuted contempt of court. plicated 12 judges by citing 112 serious allegations of corruption and malpractice; In his article, Datuk George Seah also observed: 9. Reporter Raphael Pura’s allegation that lawyer V K Lingam had written parts of the judgments Immediately after the removable of Lord President of a judge in the Vincent Tan vs MGG Pillai defa- Tun Salleh Abas and senior Supreme Court Judges mation case in 1994; Tan Sri Suleiman and Datuk George Seah in 1988, 10.The overseas holidays involving former Chief Tan Sri Haidar was appointed a Judge of the High Justice Eusoff Chin and V K Lingam and their Court in Borneo. He returned to the High Court in respective families in New Zealand as well as V Malaysia and was elevated to the Court of Appeal K Lingam with former Attorney General Mohhtar and subsequently to the Federal Court before his Abdullah and their respective families along appointment as Chief Judge of the High Court in with tycoon Vincent Tan in Italy. Malaysia. We repeat that call and urge the Barisan govern- His meteoric rise in the ranks of the judiciary did ment under Datuk Seri Abdullah Ahmad Badawi to not go unnoticed. rise to this historic occasion and heed the pleas of well-meaning Malaysians who desperately crave for To appoint someone connected with the terrible epi- the full restoration of a respectable, dignified and sode of a devastating judicial crisis in 1988 is to independent judiciary. mock justice in the face. The judiciary was ravaged in 1988 by the collusion of certain depraved judges To achieve this, nothing short of an independent who actively participated and allowed themselves Royal Commission of Inquiry with a broad remit to be used as tools of the Executive. That is when the would be acceptable to meet the expectations of all rot set in. And that should be the starting point in Malaysians. Aliran therefore calls upon the govern- any honest attempt to clean up the judiciary, restore ment to scrap the three-man panel and appoint a public confidence and bring back the shine so that Royal Commission of Inquiry without further de- we can be proud of our judiciary. lay.

The rot was so pervasive that Malaysians were able P Ramakrishnan

Aliran Monthly : Vol.27(7) Page 12 COVER STORY The time has come for us to act decisively We have a duty to ourselves as Malaysians, and to civilised society, to say loudly that: enough is enough. by Ambiga Sreenevasan

et again a crisis has YYY emerged in the Judiciary. It is universally recognised that a competent, honest and impartial Judiciary free from interference is critical to every society; and that public confidence in the Judiciary, and in its moral authority and integrity is essen- tial to the Judicial process.

As such, any hint of impropriety in the Judiciary, whether in the appointment process or in the dis- judicial appointment process be- mined by outsiders to the proc- posal of cases, or in the conduct come unfathomable and shrouded ess under the Constitution (in- of judges, must be investigated in secrecy. For too long we have volving e.g. businessmen or liti- swiftly and in a thorough and heard criticism after criticism gants), and how was this al- transparent manner, so that the about the Judiciary. For too long lowed? public is assured that there is no we have cried out for reform, but cover up. the authorities have not heeded 3 Who are the “key players” in our pleas. the Judiciary referred to in the The rot and shaken confidence in conversation? the Judiciary began with the 1988 Malaysians cannot afford to stand Judicial Crisis which involved the by and watch any longer. The time 4 Who were the “soldiers” re- suspension of 6 Supreme Court has come for us to act decisively. ferred to in the conversation? Judges and the subsequent re- moval of 3 of them including the The videotape raises at least the 5 Who were in the “other camp” then Lord President. Since then following questions: referred to in the conversation? numerous other allegations have surfaced which have not been 1 How exactly were the appoint- 6 Who were the people who taken seriously. ments of Judges made at that “fought for us”? Who is “us”? time and since 1988, and what Who are “our friends”? For too long we have watched the was the basis? confidence in the Judiciary wane. For too long we have watched the 2 Were appointments deter- Continued on page 18

Aliran Monthly : Vol.27(7) Page 13 DEMOCRACY A really Burok shooting Why did the plainclothes policeman not fire into the air - even if it is true he was being threatened - instead of choosing to shoot directly at unarmed persons? by Bersih

e, the Coalition for Clean WWW and Fair Elections WW [Bersih], hereby lodge a formal complaint with Suhakam on the unnecessary violence inflicted on members of public by the police in the shameful Pantai Batu Burok incident in Kuala Terengganu on 8 Septem- ber 2007.

The police must bear full responsibility on the Batu Burok incident for first rejecting the police Secondly, the police destroyed all The scale and extent of the exces- permit applied for by Bersih to recorded evidence – still pictures, sive force deployed by the police hold a public rally on electoral videos – of the incident taken by that night is unprecedented in the reform, then trespassing on to the media and later accused recent history of our country. Most private premises to dismantle Bersih and the opposition parties shockingly, live bullets were used the stage for the rally, followed of instigating violence, with some by undercover police personnel by denying members of the pub- dubious photos provided by the and two lives were almost lost. It lic entry to the private premises, police force’s cameraman. shows that the police force, whose discharging water cannons and duty is supposedly to defend the firing teargas at the gathering Thirdly, no sooner had the names rule of law, not only denied the crowd, and finally, firing live of Bersih and the opposition par- citizenry their constitutional bullets at them and injuring two ties been smeared in the govern- rights to free speech, peaceful as- individuals. ment-controlled media than it sembly and lawful association, but was announced by the govern- also was willing to fire at mem- It is highly probable that the vio- ment that a ban would be imposed bers of the public for exercising lence was triggered by the police on public rallies (ceramah) before their right to peaceful assembly. to serve the ruling coalition’s po- the next elections. litical interest on three grounds. There can be no greater irony, The police force’s conduct in the embarrassment and shame to Firstly, Bersih has held six simi- incident is completely unbecom- Malaysia on her 50th/44th birth- lar rallies in the past 12 months, ing and uncalled for, signifying day than having police officers all conducted orderly and peace- either arrogance (to the citizenry) violating our citizens’ constitu- fully as the police then did not or its subservience to its political tional rights in this manner. From obstruct the rallies. masters or both. 31 August 1957, this land was

Aliran Monthly : Vol.27(7) Page 14 supposed to be a free country and appeal was lodged with the OCPD fused entry to the ceramah site by her residents free from arbitrary on 8 September and a final meet- the police. rule and denial of human rights. ing was held with him but to no After what happened in Batu avail. Negotiations were held between Burok, that promise is never more the Bersih representatives and the hollow and will remain so if the In preparation for the event, police, but the police insisted that police officers who fired at the which was to be held on private the programme be called off. members of the public get away premises, the organisers erected a scot-free after violating the peo- stage for the rally but at 5 pm on Water cannon ple’s constitutional freedom and that day, the police trespassed and tear gas in the process almost wrecking into the area and dismantled the two lives. stage without prior permission The disappointed crowd then from the property owner. congregated at the junction of the This shameful incident shows main road leading to the Batu that the police force has been yet The police also put up several Burok mosque. At about 10.30pm, again reduced to that of a politi- road blocks to prevent members the police started to discharge cal tool. The civil and political lib- of the public from approaching their water cannon and fired tear erties of Malaysian citizens, es- the site. gas at the people around the area. sential to free and fair elections, Police used violence on the crowd, are further curtailed to enable the Denied entry causing injuries to dozens of peo- ruling coalition to “win” the next ple and serious injury to at least general elections. State Police Chief Ayub rejected a four persons. At least 23 persons further appeal over the phone at were detained including three A peaceful event about 8 pm that evening by journalists. Mustapha Ali. The police demand Bersih (a coalition of political par- that the ceramah be moved to At around midnight, a man was ties and civil society groups) had Rusila, about eight kilometres found to be inciting part of the planned to hold a peaceful rally away, was completely unreason- crowd, whereupon some mem- in the form of a Konvensyen able and tantamount to cancelling bers of the public tried to subdue Rakyat Bersih (or People’s Con- of the event. him. Unexpectedly, the man drew vention) in Batu Burok, Kuala out a gun and discharged his Terengganu on Saturday, 8 Sep- At about 9.40pm, Bersih repre- weapon and shot two persons – tember 2007 to convey its de- sentatives and ceramah speakers Suwandi Abdul Ghani in the mands for clean and fair elections. including Pas state commissioner chest, injuring him critically, and Mustafa Ali were refused entry to Muhamad Azman Aziz in the Pas, a member of the coalition, the site. Also present were Bersih neck. This man was later identi- applied for a police permit on 30 representative Dr Syed Azman fied as a policeman in plain- August 2007, which was rejected Syed Ahmad Nawawi, ceramah clothes and was probably a mem- by the local police on 6 Septem- speakers Muhammad Sabu (Pas), ber of the Special Branch. A key ber. The police rejected the appli- Khalid Ibrahim (PKR), and Leong question to be answered by the cation on 6 September citing rea- Ngah Ngah (DAP), and Teras police is, why did this man not sons which Bersih considers un- president Azmi Hamid. fire into the air - even if it was true reasonable as several ceramah had he was being threatened - instead been held there previously before At that point, a Bersih person-in- of choosing to shoot directly at including a large one by Anwar charge of security tried to remove unarmed persons? Ibrahim after his release from a road cone that was blocking the prison in 2004. Among the rea- traffic at that location. Then, a Unknown individuals then dam- sons given by the police were that plainclothes police officer pointed aged traffic signals, an Idris Jusoh the area was near a housing area his gun at the Bersih security per- signboard and town council and the Istana (palace) and sonnel and threatened to arrest plants and burned police road would disturb tourists and the him. Thus, the Bersih representa- cones in the middle of the road. atmosphere of the area. A written tives and the speakers were re- Tensions were clearly riding high

Aliran Monthly : Vol.27(7) Page 15 as a result of the high-handed committed by unidentified per- to do the following: police action. sons. It is unfortunate the police appeared to be acting under the • Use its statutory powers and Up until 1:30am on 9 September, direction of political authorities in conduct an urgent public in- the Federal Reserve Unit was still Terengganu. Instead of precipitat- quiry into this incident, as it using their water cannon and ing tragedies such as this, the po- did after the Kesas Highway shooting tear gas at the people, lice should focus on efforts to re- incident on 5 November 2000, although they had begun to with- duce the escalating crime rate in when the police abused their draw from the area at about the country, which is more of a powers and mistreated mem- 1.10am onwards. threat to the rakyat. bers of the public taking part in a peaceful assembly. An im- Police also detained 23 members This incident would most cer- mediate public inquiry must be of the public including three re- tainly not have happened if the held to probe the facts and cir- porters. Two of them are still un- recommendations of the Royal cumstances leading to this under remand. Police Commission Report with fortunate tragedy. regard to the fundamental right to Unreasonable hold assemblies, meetings and • Apply immediate pressure on police action processions had been taken seri- the government to expedite the ously by the police. The Royal establishment of the IPCMC so This unfortunate event would not Police Commission said that the that police personnel who have have occurred if the police had ap- right to hold assemblies, meetings committed crimes and miscon- proved the permit for this peaceful and processions “is one of the duct in Batu Burok would be rally. The permit was unreasonably most basic and indispensable of duly punished. denied despite the organisers fil- the fundamental freedoms neces- ing the application early and sub- sary for the functioning of a demo- • Apply immediate pressure to mitting an appeal after the initial cratic society and is provided for the government to amend the application was rejected. in the Federal Constitution” Penal Code, the Police Act and (Chap. 10 – 2.3.2i). other laws so that the right to The police worsened the situation peaceful assembly in this coun- by using tear gas, water cannon Bersih reiterates it does not sup- try is fully protected as pro- and physical violence when the port violence in any form. A full vided for under the Federal event was not even proceeding. Of and independent inquiry is nec- Constitution. As the govern- particular concern was the con- essary to investigate the facts be- ment’s advisor on human certed attempt to arrest journalists hind: rights, Suhakam needs to act and to confiscate cameras and in a firm manner so that its rec- any documentation of what had • The mishandling of the situa- ommendations and advice to actually happened. tion; the government are followed • The shooting of live bullets by and implemented. The use of plainclothes provoca- a police agent provocateur; teurs by the police resulted in the • The damage to public prop- • Speak out against unfair and incident where the particular of- erty; libellous media coverage in the ficer fired live bullets directly at government controlled media, an unarmed crowd. This is a seri- Suhakam must act where no reasonable right of ous crime which warrants an im- reply is provided to the affected mediate independent inquiry. We believe that Suhakam, with its parties such as Bersih and its mandate to defend human rights component members includ- It is clear that as a result of this in general, and its commitment to ing political parties and civil grave provocation, acts of damage a free and fair electoral process – society groups. q to public property such as traffic its theme for its Human Rights lights, signboards, police road day celebration this year – has a The above was lodged as a formal cones and potted plants were moral obligation to the citizenry complaint with Suhakam.

Aliran Monthly : Vol.27(7) Page 16 the suggestion that my review which Observer has set up for rhe- implied a “golden age of democ- torical effect. racy and liberalism” in Malaysia. Observer mentions a series of re- Secondly, I readily admit that I pressive events which I had ap- may have taken some poetic li- parently neglected to mention. cense to suggest that Tun Ismail Would it not be more pertinent may not today defend the ISA as since one is reviewing Tun Ismail he used to. I agree that this is a to see if he was connected to any speculative leap, which is coun- of the repressive acts mentioned terfactual, and one can make too Letters must not exceed 250 by Observer? Operation Cold Store much of it. However, it is true that words and must include the of February 1963 (when Singa- one of Ismail’s erstwhile protégés, writer's name and address. pore was still out of Malaysia) was Musa Hitam, has called for the Pseudonyms may be used. Send a desperate move of the PAP gov- ISA’s abolition. I would like to letters or emails to Editor (see ernment to weed out its left wing point out further that, going by the page 3 for address details). when admittedly Ismail was al- facts, Ismail was a man willing to Views expressed need not reflect ready the representative to Singa- accept change and to admit mis- those of Aliran. If e-mailing, pore’s Internal Security Council. takes. include message in the e-mail body itself. But I cannot see how “the much- Ismail was staunchly anti-com- admired” Lim Chong Eu being munist, as I had stressed, and was “booted out” from MCA had any- incensed by the incident in which Tun Ismail showed thing to do with Ismail. Chong Eu the Tunku said Malaysia should no tinge of racism resigned after a quarrel with the think of recognising China, so he or bigotry Tunku over seat allocations. The tried to resign as Foreign Minister Labour Party’s decimation, it may in 1959. But it was this same I was amazed by Observer’s cri- be argued, was partly self-in- Ismail in 1968 (as an Umno back- tique [AM Vol. 27(6)] of my book flicted. It chose to leave the Social- bencher) who proposed the neu- review [AM, Vol.27 (3)]. It is rare ist Front and boycott elections. tralisation of Southeast Asia to be indeed that a book review gets The PSRM, on the other hand, guaranteed by all major powers, such an extended review! Why not continued the electoral struggle including China. Hence, the rec- review the book itself? despite detention of many of its ognition of China, which came in leaders. Terminating local elec- 1974 under Tun Razak, was First, I should disabuse readers of tions, yes, what a dastardly act of greatly impelled by Tun Ismail’s which I have written about in the changing ideas on foreign policy. pages of AM. It was a Razak Cabi- net Committee that put the final Incidentally, Observer may have nail to the end of local elections in got some dates mixed up. As far 1968. as I can tell there was no so-called entrenchment of Article 153 on In fact, as I had said, Ismail, after Malay privileges in 1972. Instead, May 13, 1969, was working hard the Constitution (Amendment) to “resurrect” democracy. A care- Act of 1970 and the Sedition Act ful reading would have revealed of 1971 were promulgated after that I stressed that, even in those May 13 to proscribe all discus- troubled times, Ismail remained a sions on “sensitive issues” (in- democrat although I also pointed cluding Article 153). More impor- out that he was a pragmatist. tantly, it heralded the NEP which There was no allusion whatso- was launched in the Second Ma- ever to any golden era of democ- laysia Plan (1971-1975). It was racy, which is the ‘strawman’ after the launch of the NEP that

Aliran Monthly : Vol.27(7) Page 17 Ismail opined that Malay privi- gued before it reached me, I ar- phy. Are we now to deny this man leges were temporary. He wanted ranged for it to pass through the his bread and butter? a 20-year limit on the policy (as hands of several responsible mentioned in Ooi’s book, p.215). senior officers of the police and “Sweetness and light” was cer- Home Ministry. When it finally tainly not the point of my review Observer raised the question as to came to me, I went through each at all. I was trying to show that how Ismail was any different from case carefully and when in men of honour, even if we don’t others of his time who were lib- doubt, I always slept over it. It agree with their politics, are few eral and open-minded. Fine, if that really took a lot out of me to ap- and far in between these days. be the case, but my point was to prove cases of detention, be- Having said that, I agree that none say that here is a leader of Malays cause some of the people de- of us should fall prey to a “collec- and of Malaysians who, as the tained were well known to me. tive amnesia” and only selectively biography and many interview- My only consolation is that on remember events and certain per- ees testify, showed no tinge of rac- my retirement nobody could ac- sonages of merit. Let a hundred ism or bigotry. Should we get all cuse me of sending anybody to flowers bloom! Hopefully this ex- roiled up by someone making detention camp out of malice.” change will also spur others to such a point? (Cited in Ooi’s book, p.132) contribute further to this important debate about memory and On the ISA again, Ismail, in his I’m inclined to take Ismail at his politics for which we thank Ob- memoirs said that he pondered word although I’m sure he made server. Finally, in the spirit of hard on each case of ISA deten- some horrible mistakes. Indeed, openness and accountability, it tion, to wit: the ISA itself was a horrendous would be nice if Observer would and repugnant mistake! Which do us all the honour of revealing “To ensure that each case for de- brings me to “Pak Chong” (ex-ISA his/her name. tention was fully investigated detainee) who has now benefited and the pros and cons well ar- from the sale of the Ismail biogra- Johan Saravanamuttu

Continued from page 13 them), stern and appropriate ac- The Bar Council calls upon the tion must follow. Either way, si- Government to immediately ap- 7 What was the “private ar- lence, dismissal, lukewarm re- point a Royal Commission of In- rangement” referred to in the sponses or lack of action are not quiry into the incident and into conversation? options for the Government. The the state of the Judiciary. response of the Chief Justice on 8 What was the 110% loyalty re- Friday (21 September 2007) that We have a duty to the public to ferring to? he has no comment in response to act. We have a duty to the many the video clip is unacceptable but good, honest and hardworking 9 What was the nature of the re- telling. judges, to act. We have a duty to lationships between the busi- the institution of the Judiciary to nessman, the lawyers, the poli- It is most disappointing to hear act. We have a duty to ourselves ticians and members of the Ju- of official responses that seek to as Malaysians, and to civilised diciary? divert attention to the society, to say loudly that: enough whistleblower, and threaten is enough. Let us find out what These and many other questions possible action against such really went on (and goes on) in raised by the video cry out for an- person should the allegations the Judiciary. Let us not continue swers. It underscores the need for turn out to be untrue. To do so to be in a state of denial. q a Judicial Commission. If there is at this stage casts serious doubts no truth in the allegations or in- on the willingness of the au- Ambiga Sreenevasan is ferences arising out of the video, thorities to properly and impar- the president of the then the parties concerned must tially investigate the matter. It Malaysian Bar be vindicated. If there is truth in will instead be a case of shoot- the allegations (or in some of ing the messenger.

Aliran Monthly : Vol.27(7) Page 18 30 YEARS OF ALIRAN Aliran turns 30: A heartwarming celebration of justice It was all so different from the official Merdeka celebrations, monopolised and dominated by members of the ruling coalition by Anil Netto

Aliran singers reunited

et again, Aliran hosted a hugely success- seats as long-lost friends and activists greeted each YY ful celebratory dinner - this time to mark its other and the buzz of animated conversation filled YYY 30th anniversary. Some 700 people the air. thronged the Che Hoon Khor Moral Uplift- ing Hall along Macalister Road in Penang on the It was great to see long-lost members, Aliran Monthly night of 2 September 2007. The event was held at a readers and subscribers and fellow activists from time when the country was still commemorating 50 other NGOs (WCC, JIM, MTUC Penang, Amnesty, years of Merdeka and 44 years of Malaysia. Penang Bar, WABA, POHD etc) there in a show of support and solidarity. Outside the hall, Aliran members and volunteers The event then got under way, with Aliran secre- were busy helping to sell T-shirts and Aliran Monthly tary Francis Loh welcoming the guests to the Chi- magazines. Young ushers directed guests to their nese halal dinner.

Aliran Monthly : Vol.27(7) Page 19 The chorus goes: You load sixteen tons, and what do you get? Another day older and deeper in debt. Saint Peter, don’t you call me, ‘cause I can’t go; I owe my soul to the company store...

That song struck a chord especially since many Malaysian workers are struggling to make ends meet in one of the most unequal societies in Asia.

All the while, the rich are making the deals and getting richer, just squeezing us dry. This Bolehland fact of life was alluded to in the reunited Aliran Sing- ers’ version of “There’s a kind of hush”.

There’s a kind of hush, in boh-oh-leh land, tonight, in boh-oh-leh land You can hear the sounds of cronies galore You know what I mean.... So listen very carefully, Get closer now and you will see what I mean A nightmare it seems The only sound that you will hear is when they whisper in your ear bail-out time! – forever and ever Another day older... Other songs they belted out were spoofs of popular As waiters brought out the food, they were treated tunes such as “Sejahtera”, “Every Move you Make, to a nostalgic and inspiring multimedia presenta- (I’ll Be Watching You)” mocking Big’s Brothers’ per- tion recalling the struggle for justice and freedom petual surveillance; and “Read Aliran”, a “commer- over the years and the role Aliran has played in it. cial” promoting Aliran Monthly, which had the guests in the audience waving their own copies of The Community Band – Josef Roy and his brothers the magazines. – then livened up the proceedings with their catchy songs depicting the struggles of grassroots commu- Am I a Malaysian? nities especially the estate workers and urban pio- neers fighting to avoid eviction. . Sandwiched in between the two performances was Aliran President P Ramakrishnan's address in Just when you thought it couldn’t get better, out which he talked about 30 years of Aliran’s struggle popped this ‘macho man’, with T-shirt sleeves rolled and the challenges the organisation has faced. Af- up and wearing a blazing bandana wrapped ter 50 years of nationhood, he observed, it is tragic around his forehead. Hey, that’s Aliran exco mem- that we still have to ask, “Who (What?) is a ber Andrew Aeria.... as guest lead singer for Josef Malaysian?” and “Am I a Malaysian?” How sad.. and his band, singing “Sixteen Tons”. (He must have given his mother in the audience a fright!) Mustafa Kamal Anuar and I then took the guests down on a trip down those 50 years, highlighting It is a song about the misery of coal mining, written the ups and downs of the struggle for justice, de- by country singer Merle Travis in 1947, and depicts mocracy and human rights. Along that journey were how workers get deeper in debt despite the hard many real, concerned Malaysians, many of them lit- work they put in. tle recognised, whom we could all do well to emu-

Aliran Monthly : Vol.27(7) Page 20 Andrew Aeria and the Community Band late as towering role models. From the workers struggling for better terms in the 1960s to the human rights activists advocating a more just society, the struggle must go on – with the help of all Malaysians.

Johan Saravanamuttu then presented a moving solo recalling an ‘Old Man’s Dreams’. Its lyrics spoke about the disillusionment that has prompted some of the younger generation to migrate while those that remain continue to struggle for a better life, while pledging loyalty to God, King and Country. It seemed particularly apt given the prevailing socio- political climate.

Finally, the Instant Café performers, the real pros – Edwin Sumun, Nell Ng, Joanna Bessey - brought the curtain down with their trademark slapstick comedy and razor sharp wit.

It was not over though. Aliran exco members standing at the back of the darkened hall then lit candles on each table as they moved to the front of the hall before clambering on to the stage. There they led the guests in raising their lit candles – until the whole hall was a sea of flickering lights. It was a sign that

Aliran Monthly : Vol.27(7) Page 21 we represent the light to dispel the darkness that is shrouding our land, a symbol of our commitment to the cause of justice and truth.

Showers of blessings

It was all so different from the official Merdeka celebrations, monopolised and dominated by members of the ruling coalition. The guests at the dinner seemed to relish the “alternative” performances put up by the Community Band, the Aliran Singers, Johan and the Instant Cafe Theatre Company. Per- haps the songs and satire about the struggles of ordinary people and our trials and tribulations in trying to discover what it means to be a true Malaysian struck a chord. Instant Cafe They were also taken through an alternative walk through history - from the perspective of ordinary Malaysians struggling for justice, peace and com- passion in our land. And that appeared to have opened the eyes of not a few people who had not been exposed to these issues.

It seemed altogether appropriate then that, just like that first Merdeka morning in 1957 when the rain came pelting down on a newly independent land, showers of blessings should bathe the hall outside on a damp night outdoors - but a heartwarming one Behind the scene: Prema and Maznah with multimedia indeed indoors. q presentation

Aliran Monthly : Vol.27(7) Page 22 30 YEARS OF ALIRAN 30 Years of Aliran: An unending journey Let me tell you that we were also labelled and abused. We know the joy of standing up for justice and we know what makes living worthwhile. by P Ramakrishnan

t is with a profound II sense of gratitude that I III stand before you. You have made this function a great success with your support and presence. Thank you very much.

We are grateful to the many do- nors and generous friends who went out of their way to solicit support for this function. I regret that I’m unable to mention each one of you by name. There are too that journey as a Reform Move- lenges we had to face and endure. many of you. But let me assure you ment dedicated to Justice, Freedom that Aliran will be eternally grate- and Solidarity. It was almost like In 1894, Paul Painleve, wrote a ful to all of you. a pilgrimage. That unending jour- piece entitled “We were labeled ney has brought us today to a sig- and abused” with reference to the We are grateful to the Instant Café nificant milestone in the history Dreyfus Affair in France. He Theatre Company for coming all of Aliran. We are 30 years old. The stated, “Those who have not the way from Kuala Lumpur to fact that we have existed so long known the joy of standing up for entertain us. is in itself a miracle. a great cause of justice have not known what makes living worth- Friends: You represent the best in That journey was not easy or while.” our society. You are the caring smooth. It was fraught with trials and sharing Malaysians who and tribulations. And we couldn’t Let me tell you that we were also have journeyed with us in friend- have surmounted those difficul- labeled and abused. We know the ship and in solidarity. It is people ties without the support and enjoy of standing up for justice and like you who make the difference couragement from Malaysians we know what makes living in our society and provide us with who really cared. worthwhile. the inspiration to continue with this journey - no matter what. In recalling those trying times, I’m In October 1980 this BN govern- reminded of a statement that had ment tried to deregister Aliran for On 12 August 1977 we undertook a lot of similarities to the chal- criticizing the new allowances for

Aliran Monthly : Vol.27(7) Page 23 top civil servants. They labeled us and abused us for more than five months. They used the media to vilify us; they abused their parliamentary immunity to concoct all sorts of lies to discredit us; they used the hallowed grounds of the senate to crucify us.

They talked about our interna- tional connections as if we were plotting to overthrow the government; they accused us of being against the monarchy, the Rukunegara, the bumiputras; they tried to link us with the commu- nists. They insinuated and alleged that we were arousing racial sentiments and that Aliran was “made up of frustrated politicians” when there wasn’t a sin- gle politician in Aliran. They proclaimed that we had contravened the law.

We came through that episode with our integrity in tact and our reputation untarnished. turned more unsold copies than subscription base. At the mo- Friends, our mainstay is the what we had supplied him. He ment we have around 2,200 sub- Aliran Monthly. It is an unend- returned more than what he re- scribers. This figure is holding ing task that is undertaken with a ceived from us! on. If we can double this figure, lot of labour of love. The sales from then financially it will be less of this publication used to sustain Besides this, there are other prob- a strain for us. us in the past. But dropping sales lems. Getting the publication per- as a result of poor marketing and mit on time is an annual tussle. This is why, I wish to take this unreliable distribution, the street Finding courageous printers to opportunity to appeal to all of you sales have dropped considerably. stick with us is a perennial prob- to subscribe to the Aliran We are no longer able to manage lem. They are intimidated to aban- Monthly. If you are already a sub- the running of the organisation don us so that we are left in a scriber, please introduce a friend with the income from the sale of lurch. In one instance, in a period or take up a gift subscription for a the Aliran Monthly. of less than two years, the Aliran relative or someone who may be Monthly was printed by 8 differ- interested in the issues we raise. Some years ago, we discovered ent printers. This is the only way to increase that somebody else was also dis- our subscription base. tributing the Aliran Monthly Because of this daunting prob- though we were the only publish- lems, we may have to seriously If you are not aware, let me tell you ers. That must have also affected ponder whether we should con- that you can also make a dona- our sales. We changed the printer. tinue making the Aliran tion on a regular basis to help us. But recently another problem Monthly available on street sale. Be a friend of Aliran. Help to keep cropped up. One distributor re- The alternative is to build up our the flame burning.

Aliran Monthly : Vol.27(7) Page 24 ask a simple, fundamental question: Are you a Malaysian? Am I a Malaysian? Outside the country, you and I are recognized as a Malaysian. But within this country are you a Malaysian?

Unfortunately, nobody knows who a Malaysian is without that defining, ethnic adjective. If I say that I’m a Malaysian, the Malaysian bureaucracy will look at me askance. But if I were to say that I’m an Indian Malaysian then I’m discovered! They know who I am at once. That goes for the rest of us. You are a Malay Malaysian, a Chinese Malaysian, an Indian Malaysian, a Kadasandusan Malaysian – but never a Malaysian. A Malaysian is never recognized in Malaysia.

If after 50 years of nationhood, you are not a Malaysian, what are we celebrating? We can put on a fantastic show and fool the world but we cannot fool ourselves.

This is one of the tragedies of a huge mandate given to the government. That mandate over 50 years has not seriously addressed the question of our status as a citizen and our unity as a nation.

There is a doctor in PJ who is in his 80s, a very faith- That huge majority has eroded our rights and ful reader of the Monthly for many, many years. He stripped us of our legitimate identity as an ordinary has instructed his bank since 2005 to forward citizen of Malaysia. That huge majority has kept us RM100 to Aliran on a monthly basis. There is also a apart. pensioner in Seremban who is in his 70s, he makes a point to donate RM100 every year when he re- It is left to us to do something to claim our right of news his subscription. And every time he will re- identity as citizens. If you want to be recognized as gret that he is unable to contribute more. a citizen without any ethnic adjective to your citi- zenship, then we must actively and consciously do Like these kind souls, there are also others who do- something. nate whenever they renew their subscriptions. We greatly appreciate their caring attitude. It takes the collective effort of all of us to bring about a change. Well, friends, there are ways in which you can pitch in to give a helping hand. I’m confident that after Friends, a moment comes in the history of a nation this appeal, all of you will put your shoulder be- when its citizens are asked to bear testimony to their hind the Aliran wheel and give it a good push. belief. That defining moment will soon be coming with the next election. Friends, while we celebrate 30 years of Aliran today, two days ago our nation celebrated 50 years of Ask yourself whether another huge mandate is go- nationhood. We have come a long way since 1957. ing to bring about a change of policy that will give Our physical achievements are remarkable and im- back your identity as a citizen of Malaysia. Or will it pressive. Tallest building, longest bridge, biggest mean more of the same for the next 50 years? erection - and what not - you have them all! But in spite of our success and our euphoria, we have to Think about it! q

Aliran Monthly : Vol.27(7) Page 25 MARGINALISED COMMUNITIES Plantation giants abdicate responsibility Amend the laws to protect the rights of retrenched estate workers by Jeyakumar Devaraj

n 28 September 2007, 30 OO laid-off workers from six OOO estates in Perak, Selangor and Negri Sembilan presented a memorandum to the Hu- man Rights Commission of Ma- laysia (Suhakam) asking that the laws and regulations pertaining to compensation of retrenched estate workers be fine-tuned to provide better protection for them.

Nowhere to work and live

Velayutham from Changkat Salak Estate, Sungai Siput (U) Perak, told Suhakam Commissioner Siva Subramaniam that he had worked 25 years as a rubber tap- per in the same estate where his grandfather and father also had worked in when he was sacked. Guthrie had wanted to switch to oil palm cultivation and sacked 110 rubber tappers in 1999.

Velayutham described his diffi- culty in finding another job - given his age (43 then) as factories were not prepared to employ him. Even a chicken farm-owner refused to Sungai Siput, also a third genera- before him, had stayed on in the employ Velayutham saying that tion estate worker, explained that workers’ quarters occupied by foreign labour was cheaper and his family did not have a house their children on the estate. There they worked harder! outside the estate when he was was nowhere for him to go when sacked in 1999. Upon retirement, he was given a paltry RM9,576 Alimuthu from Kamiri Estate in his father, like his grandfather and asked to vacate his workers’

Aliran Monthly : Vol.27(7) Page 26 Regulations regarding Termina- tion Benefits to provide adequate protection to retrenched estate workers. Relying on the “Corpo- rate Responsibility” of plantation companies does not work, I stressed.

Forcibly acquire the land

Munusamy, also a retrenched worker from Kamiri Estate, described how they had approached the Perak State Government to ask it to use the Land Acquisition Act quarters. implemented schemes! Why to take over four acres of Guthrie haven’t plantation giants like land to be divided and given to Why can’t the management give Guthrie and Golden Hope, whose the 27 families involved. Al- us a few acres so that we could annual profits are in the range of though the Act clearly gives it the build our own houses, he asked RM400 million a year, imple- power to do so, the State Govern- Suhakam. Guthrie has more than mented this scheme, he asked. ment has refused to use its pow- 12,000 acres in Sungai Siput ers. Just do it in one or two estates, alone. A scheme giving lots to all Muniandy of Kirby Estate la- urged Munusamy, and the plan- of the affected workers in Kamiri mented that their attempts to meet tation companies will get the mes- and Changkat Salak would only the Menteri Besar of Negri sage and stop treating retrenched take four acres he pointed out. Sembilan have all been unfruitful. plantation workers so The workers at Kirby have ap- dismissively. Plantation giants proached their elected representa- abdicate responsibility tives several times but have been The retrenched estate workers asked to wait. have asked Suhakam to form a Sugumaran, the son of former Commission to study the plight of Kamiri Estate workers and coor- I then brought the attention of the retrenched estate workers and dinator of the Estate Workers’ Sup- meeting to a press statement by propose concrete amendments to port Group (JSML-Jerit), explained Kedah State Human Resource the Termination Benefits Regula- to Siva that one main cause of the Committee Chairman Osman Md tion 1980 so that the position of problem is that the large planta- Aji, who had said, “It is only fair retrenched estate workers is pro- tion companies have failed to im- that estates which have reaped tected. The workers have sug- plement the Workers’ Own Hous- huge profits from the services ren- gested that estates that have failed ing Scheme, which was launched dered by their rubber tappers pro- to implement the Housing Scheme in 1973 by then prime minister vide them with low-cost housing proposed by Tun Razak in 1973 Tun Abdul Razak. when retrenching these workers” should be required by law to pro- (The Star, 14 February 2003). vide free terrace houses to all work- Now 34 years have passed; yet the ers whom they are retrenching. scheme has only been imple- It is not that the government is mented in 21 out of the more than now aware of the issue. All the Siva said that he understood the 1,500 estates in the country, Malaysia Plan documents have situation and that he would for- pointed out Sugumaran. Moreo- classified estate workers as among ward JSML’s recommendations to ver, the NLFCS, a puny plantation the poor and disadvantaged sec- the Suhakam Legal Reform Com- company in comparison to Golden tors in Malaysia. What the gov- mittee. He asked that the JSML Hope, Guthrie and Sime Darby, ernment has failed to do is to add help out in the drafting of the pro- accounts for the majority of the specific provisions to the 1980 posed amendments. q

Aliran Monthly : Vol.27(7) Page 27 HEALTHCARE

Save the public hospitals: An appeal to the Prime Minister Cancel the FPP scheme in public hospitals by Coalition Against Health Care Privatisation

e, the Coalition Against WWW Health Care Privatisa- WW tion, are astonished and disappointed to hear your announcement during the ta- bling of the 2008 Budget on 7 Sep- tember 2007 that specialists in government hospitals would be encouraged to get involved in private treatment to raise their incomes under the Full-Paying Pa- tients (FPP) scheme.

We agree with the government’s intention of raising the incomes of specialists because this will reduce the exodus of doctors to the the general hospitals because prompting patients to seek private sector. But, based on our of a lack of time or energy. treatment under the FPP analysis and those of many other • Efforts in training and guiding scheme. civil society groups and govern- housemen and doctors under- ment specialists, the Full-Paying going training to become spe- Because of all these facts, the in- Patients scheme, which will en- cialists under the tutelage of volvement of specialists in taking courage specialists to treat private specialists would be weakened care of ordinary patients (those patients in government hospitals because some of these special- who cannot afford private after working hours, will have ists would be focusing their charges) will be reduced because adverse implications. Among attention on the treatment of of the FPP scheme. Instead, the them are: private patients. treatment of ordinary patients will • the FPP scheme will erode the be carried out by young and inex- • Treating private patients will incentive for government spe- perienced doctors. It cannot be add to the workload of the specialists to raise the perform- denied that the FPP scheme will cialists who are involved in ance of the units they lead be- jeopardise the treatment of ordi- this scheme. cause the “market” or “de- nary patients. • Specialists who are involved in mand” for private treatment the FPP scheme will be forced will only exist if the treatment The Coalition has tried repeatedly to reduce their involvement in in the regular clinics is always to organise a dialogue with the treating ordinary patients in slow and unsatisfactory, thus Health Minister. We have also re-

Aliran Monthly : Vol.27(7) Page 28 quested an appointment with you Malaysian people’s care that can be obtained by to tell you why we are unable to demands various levels of society and accept the FPP proposal. Unfor- the lower- and average-income tunately, until now, we have not • Provide high quality govern- group.(70 per cent of been given an appointment to meet ment services for all levels of Malaysian families fall within you or the Minister. society. This objective should this category as they receive be regarded by the government monthly household incomes of With respect, we would like to as a noble responsibility. Gov- less than RM3,500 per month!) know: ernment services should not be • The government should al- seen as just another sector that ways be mindful of the fact that • Why was the FPP scheme an- can be traded for profit. programmes based on free nounced so hastily? In July • Acknowledge that policies to trade or free market principles 2007, the Health Minister encourage private hospitals will marginalise the 70 per made an announcement that have weakened the public hos- cent of Malaysians who are not the FPP scheme would com- pital system and given rise to wealthy! mence in August at the a lack of confidence among the • Freeze the setting up of new Putrajaya and Selayang Hos- people in the safety and qual- private hospitals because they pitals as a pilot project, which ity of treatment at government will pinch many more special- would be evaluated after six hospitals. ists and experienced nurses months. But after only one • Give priority to revamping the from the public hospitals. month, a decision was made performance of government to launch the scheme in all hospitals. Only 30 per cent of The Coalition would like to re- government hospitals from specialists in Malaysia still quest an appointment for a dia- January 2008. Why? work in government hospitals logue with you on the issues • A similar scheme, that is the whereas more than 70 per cent raised in this memorandum. We Private Wings scheme, has of patients who require hospi- hope the government will dia- been practised at university talisation are admitted to gov- logue with civil society so that our hospitals for four years. The ernment hospitals. objective of creating a just and car- Coalition understands that • Create a Special Commission ing society is not undermined. q this scheme has given rise to for health personnel difficulties and has under- so that they can re- mined the treatment of ordi- ceive better salaries. A nary patients. Until now, the salary scheme similar pros and cons of the Private to that found in the Wings scheme at the university National Heart Insti- hospitals have not been ana- tute should be the ba- lysed or discussed. Why? Why sis of the new salary is the government willing to scheme. Other ben- take certain steps that could efits should be intro- lead to a variety of adverse im- duced such as three plications without acting cau- months’ sabbatical tiously? leave every five years • Why haven’t other ideas pro- to allow government posed by civil society groups specialists the oppor- to stem the exodus of doctors tunity to improve from public hospitals been dis- their knowledge and cussed? Why avoid holding a expertise. dialogue with the 82 organisa- • Immediately cancel tions that have set up the Coa- the FPP scheme be- lition Against Health Care Pri- cause the scheme will vatisation? jeopardise the quality

Aliran Monthly : Vol.27(7) Page 29 ANIMAL RIGHTS Dog-catching competition scrapped: The inside story Hecklers disrupt animal lovers meeting with Selayang Council over dog-catching competitition

Friday, 15 September, 9.00am about it and to link to Mad About Labradors to keep s most of you would be your readers abreast with aware by now, the the latest news. AAA Selayang Town Council has scrapped the Dog We would like to thank eve- Catching Competition. All dog ryone who wrote in to the lovers and animal rights defend- press. All the letters that you ers can now breathe a huge sigh have written to the press, of relief. published or unpublished, caused this issue to be given The Coalition of Animal Lovers unprecedented attention in Malaysia (CALM – literally our local media. This com- formed by regular people in repetition could not have sponse to this nonsense) would been stopped without all like to thank each and everyone your efforts and also prayers. bound. of you for your support over the Thank you all for having a heart... past 10 days or so. The Selayang There were no ramps and no lifts, Council has scrapped the dog Now onto the juicy and the meeting room was on the catching competition today, after details... second floor. We could not under- coming under heavy fire from ani- stand why the meeting was mal rights groups such as the SPCA, PETPOSITVE, ROAR and scheduled in the old building SPCA, ROAR, PETPOSTITIVE, MARPO were officially invited by when the new building, just a MARPO and CALM. the MPS for a dialogue this morn- stone’s throw away was designed ing at the MPS. CALM (the Coali- with ramps and lifts to allow disa- However, we could not have done tion of Animal Lovers Malaysia) bled persons easy access to the it without the contribution from was also present to lend their sup- buildings. each and everyone of you. We port. However, we were all would like to thank all animal lov- shocked when we arrived to find Even after drawing their attention ers who took the time to sign the that the Council scheduled the to this obvious problem, they re- Online Petitions, to attend the meeting in the old building, which fused to change the venue, and in- Peaceful Protest, to attend the was not friendly to disabled per- stead offered to carry Anthony up handover of the memorandum sons. This is especially shocking two very steep flights of stairs. They and petition signatures, and to be because the Council knew that had no consideration for Antho- present at today’s unruly meeting Anthony Thanasayan, President ny’s safety, although we explained with the MPS. We also thank eve- of PETPOSITIVE, a key person for that his wheelchair was fully col- ryone who took the time to blog this meeting, was wheelchair lapsible, which made it even more

Aliran Monthly : Vol.27(7) Page 30 dangerous to carry him. attend this discussion as they had. committee, and that they have been considering all issues relat- They claimed that this venue was The new venue, in our opinion, ing to the matter since June this the only meeting room large was more than large enough to year. enough to accommodate every- accommodate everyone quite one. We had no choice but to pro- comfortably. So it makes us won- Walkout after hostility ceed upstairs and leave Anthony der what Council’s agenda was behind, although he was one of in arranging the meeting at the old The NGOs present were treated the key persons invited for the dis- building with full knowledge that with much hostility by almost all cussion by MPS. the President of PETPOSITIVE council members, with the excep- was a disabled person, as was a tion of a few. Council members When the chairman, Datuk Tang couple of other animal lovers that kept shouting at us whenever they See Hang, arrived, Suren of ROAR were present. pleased. It was at this point that tried to bring this issue to the at- we realised that we were going tention of the Chair, but several The chairman commenced the nowhere. All five parties, the members of the council started to meeting in English and was elabo- SPCA, PETPOSITIVE, ROAR, shout him down, stating that eve- rating on unnecessary issues. MARPO and CALM had previ- ryone was already at the venue ously agreed to leave the meeting and there was no need to move When the meeting commenced, if it turned hostile and if the Coun- for one individual. Suren tried several times to estab- cil did not agree to our condition lish that the Dog Catching Com- that the Dog Catching Competi- Free rein to petition must be scrapped with tion be stopped with immediate unidentified heckler immediate effect, before the NGOs effect prior to further discussion proposed any alternative solution. on this issue. It was interesting to note that the We were shouted down by a unidentified heckler present on number of people, in particular All NGOs including CALM left the Tuesday was also present at to- Heckler No. 1 and Heckler No. 2. meeting with the exception of the day’s meeting. He was allowed a SPCA (much to our disappoint- free rein at the meeting. He heck- After the meeting had commenced ment). Our actions shocked the led and shouted at us whenever in English, another unidentified Council Members significantly, we attempted to speak in order to MPS member, suddenly shouted and more shouts ensued from the get Anthony back into the picture. at us, querying why we weren’t Council Member. We were told to We later discovered that he was speaking in Malay. We were taken “Jangan Kurang Ajar!”, “Duduk! “part of the MPS Committee” as aback as the chairman himself Duduk!” etc. The main hecklers he was a head villager of a village had been speaking English the were, as identified in earlier pic- in the district. entire time. We then continued in tures – Hecklers No. 1 and 2. Heck- Malay, but were disrupted many ler No. 1 then rushed from his seat Tang eventually agreed to move times by council members stating and lunged at Suren, with no re- the meeting to the new building, that we were rude and not follow- gard for Anthony whom Suren was but not before stating that the ing the protocol that all meetings trying to wheel out. The Chairman meeting room there was too small must be conducted in Malay. did not bring the meeting to order, and we would all have to squeeze nor did he reprimand Heckler No. in. While moving from the old Tang did not at any time warn the 1. Members of the press were there building to the new building, a Council members to behave in an and were having a field day taking number of MPS officials made orderly fashion. He conveniently photos of Heckler No. 1 attacking snide remarks about Anthony’s switched to speaking Malay. The Suren. I believe they were shocked condition. We were appalled at the Council refused to commit that the that we were really leaving the meet- lack of sensitivity that these gov- Dog Catching Competition would ing. This put significant pressure ernment officials showed towards be scrapped with immediate ef- on them. another individual, albeit disa- fect, and instead insisted that their bled, who had as much right to plan was well thought out by the The Council completely disre-

Aliran Monthly : Vol.27(7) Page 31 garded Anthony’s safety during this news. Perhaps all the pres- The security personnel did noth- this entire fiasco. This in my opin- sure that we had been exerting ing to stop the assault by Heckler ion reflected very badly on the throughout the past week had No. 1. Instead, we were told to Council. I seriously question their paid off somewhat. This issue take our war outside. We were not morality and humanity. But I sup- had, after all, received unprec- interested in fighting with the pose only people with such low edented publicity from the media council. If anything it would seem levels of morality and humanity in the country. Animal rights is- as if the Council was intent on can come up with this barbaric sues have never been given any provoking us. Dog Catching Competition in the priority before. Perhaps the MPS first place. Security was not even were also pressured to concede Heckler No. 1 is a disgrace to the called to apprehend Heckler No. after the unruly actions of their Malaysian community. He acted 1, who could have seriously hurt council members towards the as a barbarian would and is a typi- Anthony, who suffers from brittle NGOs, which were captured on cal example of what the nation bones as a result of being confined camera. But at the end of the day, could have come to had we al- to a wheelchair. I believe we are all just incredibly lowed this dog catching competi- happy that the competition has tion to go on. This gentlemen in the picture be- been scrapped. low was the only person from the Once we allow ourselves to think Council that came to our aid. He Members of the media then came that such cruel acts {dog catching restrained Heckler No. 1 and tried to speak to Suren after the meet- competition} are acceptable for to usher Suren and Anthony out ing was over. they are just animals, it will be a of the meeting room. matter of time before we will al- More intimidation low ourselves to be as barbaric Heckler No. 1 followed us out of towards our own kind... i.e. to- the meeting room and tried to pick However, a large number of secu- wards humans.” a fight with Dr Jon of MARPO. rity personnel were mobilised to Once again no security personnel intimidate us. The security per- I hope that the Council realises were ordered to restrain Heckler sonnel kept telling us to get out of how their human core has already No. 1. the premises although we were in begun decaying as aptly reflected no way being a nuisance. We were by Heckler No. 1, who had no Subsequently Heckler No. 1 merely speaking to the press. Not qualms attacking those that were chased after Suren and Anthony, all security personnel could be physically weaker than him, i.e. a who were already headed to the captured on our camera though. disabled person and a woman. lifts. Dr Jon of MARPO tried his We were reminded of the barri- Council members who did noth- best to restrain him. Luckily cade of security personnel that ing to prevent this assault should Suren, Anthony and the rest of us was formed outside the lobby on be deeply ashamed of themselves managed to get into the lifts un- Tuesday when we came to surren- for not defending the weak. harmed. der our 2,160 petition signatures. We finally left the premises, and We then waited at the lobby calmly We were cornered!!! headed straight to the Sentul Po- and quietly for the meeting to be lice Station, where both Suren and over, as SPCA had decided at the Subsequently Heckler No. 1 re- Anthony lodged police reports last minute not to leave with the appeared, just as we finished talk- against the Council and Heckler rest of the NGOs as planned, if the ing to the media. Note, how Secu- No. 1 for assaulting them. Also meeting went awry. rity does not try to restrain Heck- present were human rights law- ler No. 1 in any way. yer, P Uthayakumar, who will be We learnt later, after waiting for representing Suren and Anthony. almost two hours, that the MPS Heckler No. 1, known only as had scrapped the Dog Catching Rashid, a village head, marched Source: http://cleopatrathelabrador. Competition. We were all greatly up to animal lover Lim Ann Nee blogspot.com/2007/09/inside- relieved and rejoiced quietly at and hit her with his booklet. story.html q

Aliran Monthly : Vol.27(7) Page 32 and facilitate the erosion of press freedom.

In this case, the government’s action has been described as drastic and even perplexing by the very people who have a right to be offended. It was morally wrong for the government to get involved in what has also been perceived to be a dispute between two rival dailies – one aligned to MIC president Samy Vellu and the other to his arch rival, former deputy MIC president S Subramaniam. A record of Aliran'sAliran'sAliran's stand on current affairs. There have been no reports of Why the Makkal Osai settled amicably and it should public demonstration by of- should not be have been laid to rest. fended Christian communities suspended demanding drastic action to be But other forces were at work taken against the daily. So why Charter 2000-Aliran takes Makkal stoking the fire for their own did the Ministry of Internal Se- Osai to task for not having exer- political advantage. And what curity act so swiftly? If they were cised greater prudence in ensur- is disturbing is the fact the In- motivated by a genuine concern ing that what is published does ternal Security Ministry had to preserve national unity and not demean what others hold as come into the picture, as it were, harmony, if the action was in- sacred and sensitive. To publish to give a helping hand to these tended to be a deterrent for the a picture of Jesus Christ purport- forces. How else could one jus- future, then where was similar edly holding a cigarette in one tify their involvement and the concern and action when a mob hand and a drink in the other punishment imposed on Makkal was instigated and incited to hand on its front page (21 August Osai? confront a church in Ipoh not too 2007) was irresponsible and rep- long ago? rehensible. The one-month suspension imposed on the daily has even Dr Mustafa K Anuar & Anil Netto But to its credit, Makkal Osai, on shocked and disturbed the Coordinators, Charter 2000-Aliran discovering its mistake carried Christian community and the 27 August 2007 front-page apologies for two con- inter-religious council. If any secutive days to assure the Chris- individual or community is ag- What is tian community of this country grieved by the actions of a news- Zam’s motive? that it was a genuine oversight. paper, they should be allowed to register their unhappiness What is Datuk Seri Zainuddin The Roman Catholic Church and and hurt directly with the news- Maidin raving about? He doesn’t the Anglican Council of Churches paper management concerned seem to understand the essence of have accepted these apologies. as opposed to urging the Inter- Datuk Seri Lim Keng Yaik’s point, More than that, a delegation from nal Security Ministry to inter- so how can he appreciate a good the daily also met with Arch- vene on their behalf. If they take comment? bishop Murphy Pakiam to ex- the latter route, they could inad- plain the mistake and the arch- vertently legitimise state inter- Keng Yaik commended theSun bishop has accepted its apology. ference in the affairs of a news- “for being ‘Malaysian’ in its re- By all accounts, the matter was paper’s editorial management port and for not playing on com-

Aliran Monthly : Vol.27(7) Page 33 munal sentiments”. He won- We demand to know: Is sanct and beyond reproach or dered, “Is there any Malaysian Zainuddin against Bangsa Ma- question. He seems to display all press where we can talk as laysia? Isn’t that what we are the tendencies of a despot in try- Malaysians and as Bangsa Malay- supposed to achieve in 2020? Is ing to suggest that the government sia? Is there any?” Zainuddin trying to change Vi- cannot be held accountable for its sion 2020 to something else? action. Zainuddin, it would ap- He answered his question by stat- pear, only wants newspapers to ing that such a press was theSun! “In many issues,” he claims, be the mouth-piece of the govern- Keng Yaik remarked that “it “theSun newspaper has touched ment. He seems to abhor any dis- would not augur well for the on matters that offend the Malays, cussion of critical issues of con- nation if all the newspapers re- including the special rights of the cern in the newspapers. He would sorted to reporting based on ra- Malays, the New Economic Policy rather keep the citizens either in cial sentiments”. That was all that (NEP), the social contract among the dark or ill-informed. It is a mis- was reported in theSun. the races that was agreed upon nomer to call him Minister of In- before Merdeka and also the ques- formation. It would be more ap- Yet Zainuddin has no qualms in tion of unity in the society.” propriate to address him as Min- concocting all kinds of nonsense ister of Disinformation. and twisting what was actually He doesn’t provide any instances said and reported to give sinister to substantiate his outlandish Zainuddin may choose to ignore insinuations to condemn theSun. claims but just blabbers on. It is reality – that is his privilege. But He assumes too many things and people of his ilk who are a danger Malaysians know and recognise attributes things that were never to the harmony and peace that we theSun as a newspaper that up- intended or stated. This only ex- enjoy. They muddy the water and holds the principles of ethical poses him as a cheap politician paint those who speak up with a journalism. It provides space for who recklessly says anything to dirty brush in order to smear and various views and vigorous dis- score a political point. That is re- sneer. They are nothing but mis- cussions of issues. It exposes volting! chief-makers bent on distorting abuses and corruption in a per- facts. sistent manner which is refresh- Where is the basis for his state- ing and stimulating. It lives up to ment, “To say that theSun news- Zainuddin accused the newspa- its motto: Telling it as it is. paper is a champion of Bangsa per of often blowing up issues that Malaysia shows that Dr Lim Keng contradict the Federal Constitu- It is in recognition of this role that Yaik sympathises with the news- tion besides “publishing state- Aliran in 2005 paid a public trib- paper which has all this while ments that oppose and question ute to theSun: “It took a great deal fought more for (the DAP’s) the government’s action to sus- of courage to break out of this ‘Malaysian Malaysia’”? Keng pend the Makal Osai newspaper mould and do what you did. In Yaik never said that theSun news- recently”. doing so, you stand out as a newspaper is a champion of Bangsa paper that can and will uphold Malaysia. All he said was that Surely when things are done con- the highest standard of ethical theSun provided space “where we trary to the Federal Constitution, journalism, that is, to report the can talk as Malaysians and as it is the patriotic duty of a consci- truth and to be fair in your report- Bangsa Malaysia.” entious newspaaper to highlight ing.” the wrong so that it can be righted. The fact theSun provided so much Otherwise a wrong will go unno- We reaffirm these sentiments and space for Zainuddin’s infantile ticed and uncorrected and a grave dismiss Zainuddin’s remarks as outburst to lambast theSun goes to injustice will be perpetrated. the ranting of a misinformed re- show that this newspaper is open Surely, he must understand this calcitrant. to civilised public debate on is- simple logic. sues that matter to concerned P Ramakrishnan Malaysians. Hopefully, he is ca- Zainuddin cannot pretend that President pable of appreciating this fact. government decisions are sacro- 30 August 2007

Aliran Monthly : Vol.27(7) Page 34 IS ‘MALAY COWARDICE’ REALLY THE PROBLEM? Continued from page 40

The article generated a lot of responses and reactions from the public, especially from those in the Malay community itself. The articles debating the issue were later compiled into a book (Karim Abdullah (ed.), Melayu Hilang Keberanian: Suatu Polemik, Petaling Jaya: 1998).

With the former Finance Minister, Tengku Razaleigh Hamzah, too the same sense of shock with “Malay cowardice” seems to be a constant theme that appears again and again in all the exclu- sively Malay congresses and lec- Mahathir responsible for suppres- Daim: Malays have lost their courage ture sessions that he participates sion of diverse and opposing views in or that are organised by his fol- fiery speech: “Present-day Malays courage that he observes among lowers and admirers. are meek and cowardly!” party members who dare not stand up to the president, Prime Strangely enough, it is only after “When Malays have become cow- Minister Abdullah Ahmad these once-powerful Malay politi- ards, the race would lose all hope. Badawi. cal leaders have been put into re- The interests of the race would not tirement that they began to see all be defended. Whereas, what the What Mahathir fails to highlight, sort of weaknesses within the on- Malays really need now are really however, is the fact that the sup- going system – especially when brave people [to defend their in- pression of diverse and opposing the weaknesses affect the per- terests].” views in the party – indeed in the sonal interests of the ex-leaders nation itself – had been put in themselves. Interestingly, this was not the place by no other than the former first time that the Malays are premier himself when he was the At that juncture, the ex-leaders being accused of cowardice all-powerful leader of the party. begin to appear and to sound like (bacul, or other variants of the He did this through such sinister the opposition that they once de- word: pengecut, penakut, sudah devices as the postponement of the tested and criticised. Words like hilang keberanian, etc) by Malay annual assembly, disciplinary corruption, cronyism, incompetence leaders and politicians them- action and money politics. are lifted from the vocabulary of selves – especially by leaders the opposition and given the who are no more in power or Courage lost? meaning and life they never had who have been pushed aside. – indeed so rudely suppressed – On 10 March 1996, Daim before. For a number of months now, the Zainuddin (then the former Fi- former Prime Minister Mahathir nance Minister and former Gen- When these “new voices of oppo- Mohammad has repeatedly eral Treasurer of Umno) published sition” do not appear to get the claimed that Umno today is dead a brief op-ed piece in Mingguan attention and response from the and buried – and all that we have Malaysia with the title “Melayu apathetic public that they had left is an “Umyes”. The reference hilang keberanian” (Malays have hoped would rise up to create hell here is, of course, to the lack of lost their courage). for the government in power, they

Aliran Monthly : Vol.27(7) Page 35 began to feel utterly disappointed (such as the ISA and OSA) may and angry – not just with the even be applied on the dissenters. powers-that-be who ignore them (“elegant silence”) but also with Indeed, recently the government the apathetic public itself. of PM Abdullah Ahmad Badawi has started to use “live bullets” As the name of the game is “racial on street demonstrators (as in the politics” of the Umno-BN variety, case of the Batu Buruk demonstra- naturally the sense of anger and tions in Trengganu). The incident disappointment is directed to- was further used as an excuse to wards one particular racial ban all forms of political rallies in group, i.e. the Malays. Indeed, at the country. times they call upon the Malays to emulate the political “courage” Shepherds of the Chinese who would even and the sheep withdraw their support from the MCA – and give their support to Besides, all the once powerful the DAP, for example – whenever Tengku Razaleigh: In all Malay Malay leaders seem to be suffer- the relative situation of the Chi- congresses and lecture sessions the ing from amnesia (“mudah lupa”) ‘Malay cowardice’ was a constant nese interest calls for such a dras- themethemetheme after losing power. They do not tic action. seem to be aware that whatever Kedah Menteri Besar. And even they are criticising about the cur- Silencing disssent today, according to some students rent regime are exactly the con- and academics, as President of tinuation or repetition of what- It is ironic, however, that “Malay IIUM, the university is not exactly ever they themselves had put in cowardice” was never an issue a place where dissenting views are place during their own days of when the Malay leaders alluding tolerated or even encouraged as power and authority. to it were still in power. For exam- they should be in an institution of ple, when the issue of Malays higher learning. To those of us who do not forget “having lost their courage” raised that easily, it is evident that by Daim Zainuddin was dis- Indeed, it can be said generally Mahathir as PM and Umno Presi- cussed and debated by the that each and every Malay top dent, Daim as Finance Minister Malaysian public, Mahathir political leader in power (i.e. the and Umno Treasurer, Sanusi as Mohammad (then the all-power- Prime Minister) has made it their Kedah Menteri Besar and Umno ful Prime Minister of the country) “sacred duty” to silence all Malay Secretary-General were all not himself rejected the point of view. dissenting voices (and the dissent- shining examples of leaders who ing voices of other racial groups encouraged dissenting voices – According to Mahathir then, the too) whose views differ from that and thus discouraged “coward- Malays were never more coura- of the “recognised” dominant ice” – among their followers. geous than during the time of his Malay world-view. rule (see Utusan Malaysia: 27 April The cumulative effect of all these 1996). Whereas, objectively In instances where the dissenting attempts to suppress all dissent- speaking, Umno was already be- voices tend not to pose such a big ing voices among the Malays is a ing manipulated to turn into an challenge to the position of the social disease that is even more Umyes even during Mahathir’s leader in power, all sorts of re- fatal than the “cowardice” that time. pression and “social sanctions” Sanusi has alluded to. It is a phe- may be applied to whoever is ex- nomenon that must have been the And neither was Sanusi Junid a pressing the dissenting views major impediment to the progress paragon of democracy and de- and opinions. But in more chal- and dynamism of modern Malay fender of the freedom of speech lenging situations, aggressive acts society. I am referring here to the when he was a Minister or the of the police and punitive laws social disease or pathology of

Aliran Monthly : Vol.27(7) Page 36 “forced homogeneity” that I be- key among the monkeys”!) or, lieve is prevalent in the Malay even more seriously, a murtad (a community today. heretic).

In my view, this pathological state To be a bacul (i.e. to be an intellec- of the Malay society has turned tual and moral coward) appears the Malays to be like a herd of to be the only quality that would sheep that do not only appear to make one’s life tolerable and se- be physically homogeneous to the cure within the comfort zone cre- naked eye, but tend to produce ated by the sheep-like society of similar sounds among them- modern day Malays. selves. They can be easily held to- gether (hemmed in) as a herd that To my mind, cowardice (either would never tolerate any of its political, moral or intellectual) is members from straying away. not and cannot be an innate cultural characteristic of Malays. The This state of social and cultural characteristic had been nurtured pathology does not just affect the among modern Malays by the Badawi: Using ‘live bullets’ on Malays these days in terms of poli- overemphasis given by their lead- street demonstrators? tics and realpolitickal ers to the notion of Malay homo- manoeuvrings (Umno politics of geneity (kesepaduan, perpaduan, etc) were considered to be almost her- the NEP orientation). It also mani- as purportedly the only way of etics – thus eliminating the possi- fests itself in other aspects of mod- ensuring Malay survival within bility of an intellectually dynamic ern Malay society and culture – the context of a “hostile” multi- Islam, characterised by discourse such as in the economy and busi- ethnic modern society and nation- and debates as found in some ness, in education, in religious state. other Islamic societies, to develop beliefs and practices (with its con- among the Malays. servative orientation and the lid Freeing the Malays on discourse and debates [ijtihad] Any programme for creating a securely closed), and even the This emphasis on homogeneity modern and dynamic Malay so- mode of attire for the womenfolk. had been a tool of the Malay rul- ciety must first of all point the way ing classes even before the sway towards freeing Malay society Within a homogeneous society of of Umno political power took root. and culture from the shackles of this herd-of-sheep type there is no Malay nationalism, for example, forced social and cultural homo- place for individuality or diver- was among nationalisms of the geneity. Indeed, Malay cowardice sity. All individuals who try to be new states of Asia and Africa that itself is but a by-product of that different, or even think differently, was among the last to bloom be- homogeneity. would be very quickly brought cause the people were lulled into back into line by the shepherd believing that the colonial state Once-powerful former leaders of (gembala) or the leader (pemimpin). was in fact ruled by the Malay rul- the Malays – including Mahathir, Only a horse and a few dogs are ers with “the assistance” of the Sanusi and Daim – should come needed to carry out this task suc- colonial officers – and nobody out of their amnesia. They must cessfully. was encouraged, indeed allowed, begin to accept the fact that they to believe otherwise. themselves are (or have been) a Whoever in such a society is found part of the shepherds of the Malay to be “different” in terms of his or When the dynamic influence of herd who are responsible for - in- her personality or other character- the Islamic reform and moderni- deed have benefited from - the crea- istics – including in terms of sation movement reached our tion of the Malay cowardice thought and intellectual disposi- shores in the early years of the last through their efforts in enforcing tions – would be considered a kera century, the handful of early re- the ethos of homogeneity in the sumbang (literally “the odd mon- formers, dubbed the “kaum muda”, community. q

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Aliran Monthly : Vol.27(7) Page 39 POLITICS Is ‘Malay cowardice’ really the problem? To create a modern and dynamic Malay society, it must first be freed from the shackles of forced homogeneity by Rustam Sani

n 5 September 2007, a ra- cialist Malay NGO, OOO Pertubuhan Profesional Melayu dan Perwaris Bangsa (Prowaris) organised a lecture session (ceramah) for Sanusi Junid (President of the In- ternational Islamic University of Malaysia, formerly Secretary- General of Umno, formerly Kedah Menteri Besar, formerly Agricul- ture Minister and so on and so forth).

The lecture was held in Wisma Sejarah Malaysia at Jalan Tun Razak, Kuala Lumpur. According to Mohd Sayuti Omar, in a report in the weekly Siasah, Sanusi declared in an impassioned and Continued on page 35

Aliran Monthly : Vol.27(7) Page 40