PP3739/12/2000 ISSN 0127 - 5127 / RM3.00 / 2000:20(4)

Aliran Monthly 20(4) Page 1 COVER STORY When The Quitting Gets Tough Would ’s resignation really matter? by Khoo Boo Teik

hen he realized last year that ’s WWW political fortune rested heavily on non-Malay (read Chinese) support, Prime Minister Dr favourably compared the Chinese with the Malays. Unlike the Malays, said he, the Chinese were rational and unemotional and knew what was good (BN) and what was bad (opposition) for them.

Arguably BN’s retention of a large proportion of Chinese support in the November 1999 general elec- tion suggested that there were enough Chinese who were flat- replaceable loss’, ‘irreparable the United Malays National Or- tered thus by Mahathir. But damage’ or ‘betrayal of trust’. ganization (UMNO)? should anyone be persuaded that the Chinese are more rational and This emotional outflow was not If, however, Ling’s aim was to less emotional than ‘people of matched by rational or persuasive shield MCA against any fallout other races’? answers to key questions raised from a rumoured investigation by Ling’s announcement. linking his son, Lim Hee Leong, Chinese Opera with the latter’s ex-business part- Why, for example, should the MCA ner and now fugitive, Soh Chee Watch the ‘Chinese reactions’ to president quit his Cabinet post Wen – an ‘evil lie that can only the little opera the Malaysian Chi- now when his party had just per- come out of an evil mind’, accord- nese Association has been enact- formed very well in two succes- ing to Ling – why should the MCA ing since 22 May 2000, when sive general elections, something leadership so anxiously reject it? MCA president, Dr Ling Liong Sik, MCA had not been able to accom- announced he would resign as plish before November 1999? Divided And Minister of Transport. Disgruntled If Ling had intended to retire from Many in MCA, the Chinese com- politics altogether, why would he Speculative answers to these ques- munity and the Chinese-language keep his party post as if to emu- tions have not clarified the situa- press were ‘shocked’, ‘saddened’ late who resigned as tion. They have only fueled sus- or ‘stunned’. Others could only deputy prime minister in 1986 but picions that MCA is internally di- speak in such strong terms as ‘ir- remained as Deputy President of vided and disgruntled at UMNO

Aliran Monthly 20(4) Page 2 CONTENTS

COVER STORY

When the Quitting Gets Tough 222

FEATURES

Aliran, Hakam And Suaram Meet Suhakam 666 Move With A Sense Of Urgency 777 Disappointing Composition 131313 Whither The Women's Movement? 151515 Reconsider Your Action, Webmasters 181818 Act Of Betrayal 232323 An Act Of Personal Vendetta? 262626 Tarnished Image Of 272727 Justice In Jeopardy : Malaysia 2000 404040

REGULARS ALIRAN'S HOMEPAGE Thinking Allowed 191919 http://www.malaysia.net/aliran LettersLettersLetters 303030 Current Concerns 33

Printed bybyPrinted Perfect Printing Sdn. Bhd. OTHERS No. 1235-D, Jalan Paya Terubong, Joint Memorandum To Suhakam 999 11060 Pulau Pinang. Subscription Form 383838 Aliran Needs Your Help 393939

ALIRANALIRANALIRAN is a Reform Movement dedicated to Justice, Freedom & Solidarity and listed on the roster of the Economic and Social Council of the . Published by Guided by universal spiritual values, Aliran has been Aliran Kesedaran Negara (ALIRAN) striving for genuine unity by promoting social justice and human dignity since 1977. Membership is open 103, Medan Penaga, to all above 21. If you are interested in 11600 Jelutong, joining Aliran, please contact the Hon Secretary at , Malaysia. the address shown in this page. Tel : (04) 658 5251 Fax : (04) 658 5197

Aliran Monthly 20(4) Page 3 while Ling’s leadership is less other than the individuals in- diminished. than unchallenged. volved in MCA’s factional fight- MCA: 1980s ing. Things became more muddled From mid- to late 1980s, when the when those who might have had A considerably more rational ap- bitter inter-ethnic politics of the a hand in provoking Ling’s deci- proach would seek to understand New Economic Policy reached its sion denied having done so. MCA’s present role in Malaysian height, MCA led a pitiable exist- politics. It is a very limited role as ence. It was half ignored by The prime minister, whose pre- a brief history of MCA will show. UMNO, more than half rejected by rogative in firing Cabinet minis- Chinese voters, taunted by ters is well established, said he MCA: Gerakan Rakyat Malaysia had persuaded Ling to stay but 1960s And 1970s (Gerakan) and perennially chal- accepted that ‘family matters’ lay lenged by the Democratic Action behind Ling’s motive to quit. MCA’s role has been progressively Party (DAP). Ling’s chief rivals in MCA, who reduced since 1959 when its might have rejoiced over his de- president, Dr , Three crises in 1985-87 brought parture took affront at any hint failed to secure one-third of the MCA’s position to a new low. BN that Ling had ‘sacrificed’ his Cabi- Alliance’s parliamentary nomina- threatened to expel MCA because net post to appease them. tions. For his pain, Dr Lim was the latter could not resolve the all- edged out of power and led his out battle between the Neo Yee Pan Ling himself befuddled matters by supporters out of MCA. The MCA and factions. But taking a two-week vacation to rump they left behind accommo- no sooner had Tan Koon Swan ponder the wisdom of his an- dated itself to a ‘less-than-equal’ won the MCA presidency than he nouncement after having said position vis-à-vis UMNO. had to go to jail in for that his decision was ‘final’. criminal breach of trust. At the Then came the 1969 election. MCA August 1986 general election, Non-transparent was so badly beaten that some of MCA was thrashed by DAP. Politics its leaders wanted to stay out of government to ‘teach the Chinese In response, some MCA leaders Not for the first time, therefore, a lesson’. Some UMNO politi- superficially united with DAP to non-transparent conduct at high cians, including the defeated Dr oppose certain government poli- levels in the political system has Mahathir, wanted to keep MCA cies. This move coincided with left the public floundering in un- out since it could no longer claim UMNO’s own Team A-Team B certainty while the politicians to be ‘the party of the Chinese’. In split to produce a level of play what they alone regard as the event, the National Operations interethnic tension not seen since deep, deep games. Council ruled after 13 May 1969 1969. It in no small way contrib- with token MCA representation. uted to Operasi Lalang, the mass Malaysians should finish with Only when NOC returned power arrests of 27 October 1987. this kind of shabby treatment. The to the Alliance in 1972 did MCA Chinese community in particular become part of the government Recovering doesn’t benefit from uninformed again. And Riding High? worries that its future is tied to the ‘hidden truth’ behind some ‘irre- When the Alliance was replaced The 1990 election once again saw placeable’ politician’s ‘to-be-con- with BN in 1974, MCA withdrew MCA badly bruised, even com- firmed half-withdrawal’. from the government to ponder its pletely defeated in Penang. future. With suc- A strictly unemotional response to ceeding as party Only in 1995 did MCA recover the riddle of Ling’s announce- president, however, MCA joined from its electoral reverses. But ment would simply note that the the enlarged coalition, no doubt there is more than a small truth in answer will eventually surface – aware that the party’s influence Muhammad Muhammad Taib’s but to no great shakes for anyone vis-à-vis UMNO had been further recent curt reminder that MCA’s

Aliran Monthly 20(4) Page 4 recovery perhaps owed more to UMNO’s Dominance Those who think that Ling’s an- an unprecedented Chinese adu- nouncement arose from MCA’s lation of Mahathir than to the par- Time and time again UMNO lead- unhappiness at not receiving ty’s reinvigoration. ers have insisted that the reality of more Cabinet and government BN politics is UMNO’s dominance. posts surely underestimate the Of course, MCA is riding high to- It is a basic plank of Mahathir’s realism of many MCA leaders who day – especially given UMNO’s political thinking and practice that were dependent on UMNO- 1999 electoral setback – but in UMNO alone can rule the country backed ‘safe seats’ until recently. truth that’s only possible because but coalition allows a modicum of its aspiration as a party has sunk ‘power sharing’ with other, obvi- MCA leaders know that Mahathir quite low. ously junior, parties. was being frank in saying MCA has been given its quota of Cabi- At its height, MCA was part of the Parties which couldn’t accept net and government posts. The Alliance which negotiated the UMNO’s dominance – such as quota was not reduced when terms for Merdeka. In the early Parti Islam Se-Malaysia in the MCA was down and out, but years of Alliance rule, MCA had 1970s, or Parti Bersatu in won’t be increased when MCA strong influence over financial 1990 – couldn’t expect to stay long does much better, at any rate not and economic policies, and con- in BN. at UMNO’s expense. tributed to the determination of politically sensitive policies on After November 1999, for the first That helps to explain why, after education, language and culture. time ever, UMNO has less than half the 1999 election, MCA tried hard of BN’s seats in parliament. to wrest the Penang chief minis- Presently MCA has lost practi- UMNO holds 48.6 per cent of BN's ter’s post from Gerakan (particu- cally all that influence. MCA may seats. Unless something drastic larly after two Gerakan state as- still have more Cabinet and gov- happens to UMNO, or the entire semblymen defected to MCA). It ernment posts than all other BN basis of BN politics is changed, this also explains why certain MCA component parties, except is a minor setback that doesn’t per- factions consider that Ling had UMNO. However, UMNO holds mit MCA or any other BN party to breached a ‘gentleman’s agree- all the senior ministries of finance, question UMNO’s dominance. ment’ by not appointing their home affairs, education, interna- leaders to Cabinet positions. tional trade and defence, not to New Kapitan mention the posts of prime minis- One can be sure that ‘Part II’ of ter and deputy prime minister. In short, MCA today virtually MCA’s impasse will be played out serves as UMNO’s ‘Chinese ad- now that Ling has returned from Someone who wants to mount a junct’. With limited authority, leave. No matter who comes and spirited (shall we say, emotional) MCA watches over ‘Chinese wel- who goes, however, the Chinese defence of MCA will criticize me fare’, makes small redresses of community shouldn’t expect far- for overstating the party’s decline. ‘Chinese grievances’ and reminds reaching changes in MCA’s char- Yet, forty-three years after ‘Chinese voters’ of what’s good acter or policy or vision or influ- Merdeka, can anyone deny that and bad for them. In the process, ence. At stake in the current im- MCA scarcely penetrates the in- MCA has become quite effective as passe is nothing greater than per- ner policy-making loop of the the promoter of selected social, sonal-factional interests of one UMNO-dominated government? educational and cultural projects. kind or another.

Isn’t it revealing, too, that when Ironically MCA has done best For myself, I like one observer’s Mahathir praised Ling in the when it has done least. Would it depiction of this episode as a ribut present context Mahathir paid be far-fetched then to compare di bawah tempurung (a storm un- no higher compliment than that MCA’s present role to that of the der a coconut shell). Now that the Minister of Transport did a colonial Kapitan China, Protector could only have come from an ad- good job marketing the coun- of the Chinese, or Secretary of Chi- mirably rational and unemotional try’s ports? nese Affairs? bloke. q

Aliran Monthly 20(4) Page 5 HUMAN RIGHTS

This Memorandum (Reproduced on page 9), was presented by Aliran, Hakam and Suaram to Aliran, Hakam Suhakam at the May 15 meeting. And Suaram Tan Sri Musa Hitam, the Chairman of Suhakam, was the first to speak. He welcomed those present. Then he elaborated on the background leading to the for- Meet Suhakam mation of Suhakam, claiming credit for having first raised the matter, and then persuading the prime minister to accept the idea.

The leaders of the three NGOs were next invited to introduce their representatives and to address the meeting. P Ramakrishana (Aliran), (Hakam) and Dr Kua Kia Soong (Suaram), in turn, spoke. Taken together, the three covered the major points contained in the Joint Memorandum. The particular comments of Aliran president, P.Ramakrishnan, are reproduced on the next page.

After the three had finished, Musa Hitam responded to some of the issues raised. By way of introducing the other Suhakam Commissioners, he invited them to respond too. The other representatives of Aliran, Hakam and Suaram also joined in the discussion. The meeting was held on 15 May 2000 in Wisma Important issues were raised in a cordial atmos- Putra, . It was the first meeting of phere. The discussion was free flowing. Suruhanjaya Hak Asasi Manusia Malaysia (the Human Rights Commission Malaysia) with any The meeting was useful. The NGOs had an oppor- public groups and it had chosen to meet with Aliran, tunity to express directly to Suhakam their concerns Hakam and Suaram. The Chairman of Suhakam had over the shortcomings of the Human Rights Com- earlier explained that the three were placed “in the mission of Malaysia Act 1999. They urged Suhakam forefront” of the struggle for human rights and civil to seek amendments to the new law, indeed to rec- liberties in Malaysia. ommend the repeal of all coercive laws. Suhakam was also reminded that it must be autonomous and In fact, the three had always worked with other courageous in the discharge of its duties, and yet NGOs, associations, societies and individuals to remain accessible, accountable, responsive and further a long standing campaign for human rights. transparent to ordinary Malaysians. It must strenu- Appropriately, ten days earlier, they had convened ously avoid becoming an appendage of the govern- a meeting with these others to discuss a common ment. response to Suhakam’s invitation to the three. Finally, the NGOs insisted that human rights is not Following that meeting a Joint Non-Governmental a legal matter. Ultimately, it is a question of the dig- Organisation Memorandum to Suhakam was pre- nity of the person, nothing more, nothing less. To- pared by Aliran on behalf of the three. The Memo- wards the upholding of that dignity, the NGOs of- randum was then circulated and endorsed by 31 fered their services and cooperation to Suhakam. other NGOs ranging from Abim, Alaigal and Am- And invited Suhakam to become the institutional nesty International Malaysia to the United Chinese expression of a long and continuing tradition of School Committees Association, Women’s Agenda popular struggles to protect human rights in Ma- for Change and Women’s Development Collective. laysia. q

Aliran Monthly 20(4) Page 6 HUMAN RIGHTS Move With A Sense Of Urgency

If the Commission can address the crucial issues as a matter of priority, then it deserves all the co-operation and respect. by P Ramakrishnan

e have come with an WWW open mind to have a WW free, frank and hope- fully a fruitful dia- logue with the Commission. Though there was no consul- tation regarding the suitability of the date and the conven- ience of the time, we have, nev- ertheless, come offering our co- operation.

It is in this spirit that I wish to address the Commission very frankly. should distance itself from Merdeka Constitution have, 1 . We fail to understand why its present location – the over the years, either been the Commission is located at sooner the better. Otherwise whittled down or abolished the Ministry of Foreign Af- it would be perceived as an through various undemo- fairs. The Commission is not appendage of the govern- cratic legislations and regu- addressing the international ment. That would be a pity. lations thus rendering hu- human rights situation. Its man rights meaningless and concern is the status of hu- We want the Commission making a mockery of the man rights in Malaysia ... to be an effective instrument very concept of human right here, at home. By rais- of justice that will fearlessly rights. ing this I don’t mean to sug- and vigorously protect and gest that it ought to be lo- promote human rights. 3 . We regret that the mandate cated at the Ministry of of the Commission is too Home Affairs. That is not 2. We reject the definition of narrow and restrictive. my intention. human rights as enunciated in the Act. It is not accept- It is stated that when a com- For its own credibility as able to us. plaint is a subject matter of well as to convince the pub- any proceedings pending in lic at large of its independ- Whatever human rights that any court, the Commission ence, the Commission were guaranteed by the cannot take up the com-

Aliran Monthly 20(4) Page 7 plaint. It is also stated that instance, the police violence saulted. a complaint taken up by the against Tian Chua is not Commission, when it subse- pending in court. He is be- This situation is intolerable quently becomes a subject ing charged for unlawful as- and repugnant to our notion matter of court proceed- sembly. of justice. ings, then the Commission has to cease its inquiry im- Likewise, while Irene The Commission should mediately. Fernandez’s case for pub- look into this as a matter of lishing false information is urgency. Knowing that some cases proceeding in court, wit- drag on for years without nesses in this case have told 5 . We are encouraged that the an end, it is patently unjust incredible tales of horror Commission has taken a that a complainant is with- and terror involving police commendable stand on the out remedy for so long. In brutality and barbarity. Can right of assembly. We urge a situation where a case is the Commission on its own the Commission to state its dismissed on technical investigate this alleged po- stand on ISA, OSA, the Se- grounds, the Commission is lice barbarism which is not dition Act, the Police Act, unable to intervene because a subject matter before the the Universities And Uni- the court had determined court? While the foreign versity Colleges Act, the the case. It is grossly unfair witnesses are available at Printing Presses and Publi- that a complainant is denied this moment, would the cations Act - all of which im- his justice through a techni- Commission take up this pinge upon our human cality. case? rights.

We are not sure whether in 4. We are greatly disturbed It is common knowledge certain cases the Commis- that suspects are treated as how these Acts have been sion can carry on with par- convicts: they don’t have used and abused to stifle allel inquiry when the case access to lawyers when ar- dissent and silence criticism. is in court. rested; they are thrown into crowded cells housing con- This is another area which Let me explain: victed criminals; they’re is crying out for redress. stripped to their While Tian Chua’s case of underwears and stripped If the Commission can having taken part in an un- off their dignity; they’re move with a sense of ur- lawful assembly is pending denied toilet privacy and gency and address these in court, can the Commis- facility; they lack drinking crucial issues as a matter of sion investigate his com- water and their meals are priority, then it deserves all plaint regarding police vio- terrible. Some of them have the co-operation and re- lence against him? In this even been reportedly as- spect. q

Aliran Monthly 20(4) Page 8 HUMAN RIGHTS Memorandum To Suruhanjaya Hak Asasi Manusia Malaysia What We Expect Of The Human Rights Commission Of Malaysia

e write in response to the ciple Sukaham’s establishment. HRCMA and the manner of invitation extended to We hope Suhakam will live up to Suhakam’s establishment, repre- WWW Aliran Kesedaran public expectations that an inde- sent real, immediate and potential, Negara (Aliran), pendent, effective and just na- obstacles to a full attainment of Persatuan Kebangsaan Hak Asasi tional human rights commission Suhakam’s fundamental mission. Manusia (Hakam) and Suara will help entrench our on-going Rakyat Malaysia (Suaram) by struggle to compel the Malaysian In the following sections of this Suruhanjaya Hak Asasi Manusia government to accord a broad, Memorandum we address these Malaysia (Suhakam), vide deep and meaningful respect for fundamental questions and sev- Suhakam’s letter of 29 April 2000, human rights both in principle eral related issues. to participate in a dialogue on hu- and practice. man rights in Malaysia to be held I. Definition of at Suhakam’s office in Kuala We note, however, that Parliament Human Rights and Lumpur on 15 May 2000. only enacted HRCMA 1999 Suhakam’s Mandate amidst an intense and prolonged On behalf of Aliran, Hakam, and political crisis which has aroused In our opin ion, the HRCMA 1999 Suaram, as well as the non-gov- grave public concern and wide places undue curbs on Suhakam’s ernmental organisations (NGOs) protests over the deterioration of mandate by offering a truncated which have endorsed this Memo- the human rights environment in definition of ‘human rights’ randum, we take this opportunity Malaysia. Nor is it a coincidence to congratulate Tan Sri Musa that Suhakam has been estab- The definition of ‘human rights’ Hitam and his fellow commis- lished at a time in our nation’s provided by HRCMA 1999 refers sioners on their appointment as history when key public institu- only to ‘fundamental liberties as members of Suhakam. We also tions of law, order, and justice have enshrined in Part II of the Federal wish to thank Suhakam for invit- come under relentless public criti- Constitution’. It would be self-lim- ing us to this dialogue session. cism not least for their failure to iting, if not immediately self-de- uphold the protection of human feating for Suhakam to accede to The enactment of the Human rights in the country (Appendix this narrow and legalistic defini- Rights Commission of Malaysia 3). tion of human rights as its operat- Act (HRCMA) 1999 and the estab- ing principle for the following rea- lishment of Suhakam together Under these circumstances, sons: represent a small but significant Malaysian citizens are justified in step forward in the Malaysian asking whether and to what extent a. In principle, the HRCMA 1999 rakyat’s long struggle to protect, Suhakam’s mandate, role, activi- definition runs counter to uni- preserve and extend human rights ties and performance can properly versally accepted definitions of in the country, among other serve and truly advance the cause human rights contained in the things, by demanding the institu- of human rights protection in the Universal Declaration of Hu- tion of an independent national country. man Rights, and the United human rights commission (Ap- Nations’ main human rights pendices 1 and 2). In particular, we are concerned to instruments, namely the Cov- ask what statutory and adminis- enant on Civil and Political Accordingly we welcome in prin- trative limitations, embodied in Rights, the Covenant on Eco-

Aliran Monthly 20(4) Page 9 nomic, Social and Cultural strates its acceptance of a broad (2) of HRCMA expressly states rights, and the Covenant mandate for Suhakam by imme- that Suhakam ‘shall not inquire Against Torture and Other diately carrying out the following into any complaint relating to any Forms of Cruel Inhuman or actions: allegation of the infringement of Degrading Treatment or Pun- human rights’ which ishment. i. Parliament should amend HRCMA 1999 to bring the a. is the subject matter of any pro- b. In practice, the preservation of ‘Malaysian definition of hu- ceedings pending in any court, the ‘fundamental liberties as man rights’ with universally including any appeals; or enshrined in Part II of the Fed- recognized human rights eral Constitution’ has been standards b. has been finally determined by continually undermined by any court. the Government’s recourse to ii. The Government should ratify a host of coercive statutes, the the Universal Declaration of Indeed Section 12 (3) of HRCMA most notorious of which are the Human Rights and the United adds that if an allegation of hu- Internal Security Act, Sedition Nations’ various covenants on man rights infringement or viola- Act, Official Secrets Act, Print- human rights tion being investigated by ing Presses and Publications Suhakam ‘becomes the subject Act and the Universities and iii. Parliament should annul the matter of any proceedings in any University Colleges Act. four proclamations of states of court’, then Suhakam ‘shall imme- emergency, and, diately cease’ its investigation. c. In reality, the fundamental lib- erties of Malaysian citizens iv. Parliament should review Suhakam should not passively have for over 50 years lain un- harsh and coercive statutes, agree to these portions of HRCMA der the shadow of four (4) and repeal entire laws or rel- because their enabling provisions states of emergency, respec- evant portions of pertinent severely diminish Suhakam’s ac- tively proclaimed in 1948, laws, so as to guarantee tual jurisdiction, reduce its effec- 1966, 1969 and 1977, none of Malaysian citizens the broad- tive investigative power, and, ul- which has been annulled or est range of human rights as timately, prevent Suhakam from revoked. contained in the Universal offering redress to victims of past, Declaration of Human Rights present and future infringements Given the Government’s far from and other related international of human rights. admirable record on human instruments. rights, Suhakam should not be Instead, Suhakam should insist persuaded by any official or po- II. Jurisdiction that Parliament immediately litically motivated consideration and Power amend HRCMA to remove these of the ‘realities’ or ‘peculiarities’ enabling provisions that effec- of Malaysian society to accept Any national human rights com- tively open the way for a consist- HRCMA’s restrictive definition of mission can only function effi- ent misuse or abuse of law to cir- human rights. Suhakam should ciently and operate with author- cumvent, terminate, or otherwise not take as its own operating prin- ity and credibility if it is conferred make a mockery of any serious in- ciple the truncated definition of comprehensive jurisdiction and quiry into human rights infringe- human rights being offered by the adequate power in human rights ment and violation that Suhakam Government via HRCMA 1999. matters. This must be particularly might undertake. so when the commission investi- On the contrary, Suhakam should gates infringements or violations III. Independence have ‘as broad a mandate as pos- of human rights. and Resources sible’ in line with the United Na- tions General Assembly’s ‘Paris In Suhakam’s case, therefore, it is It is incumbent upon the Govern- Principles’ governing the estab- essential that its jurisdiction and ment to demonstrate its commit- lishment of national human rights power are not effectively reduced ment to supporting a national commissions (Appendix 4). or curtailed by existing law. human rights commission in deed Suhakam should insist, therefore, by making available sufficient re- that the Government demon- Regrettably, however, Section 12 sources to allow Suhakam to carry

Aliran Monthly 20(4) Page 10 out its functions. and priorities with respect to the functions, will be: human rights situation in Malay- To date, there is no compelling sia, Suhakam and its Commis- 1. AccessibleAccessibleAccessible to the public, and evidence to suggest that Suhakam sioners will no doubt develop particularly to victims of in- will rapidly acquire sufficient re- their own understanding of what fringements of human rights, by sources for effective functioning, the Malaysian public expects of a various means, including or swiftly end its direct depend- national human rights commis- i. maintaining of an open work- ence upon the Government. In- sion. ing environment that encour- stead Suhakam has had an inaus- ages regular interface with the picious beginning by being However, public opinion cer- public ‘housed’ within the Ministry of tainly does not expect to discover ii. adopting informal and flexible, Foreign Affairs (MFA) and ‘serv- in Suhakam a hollow national not bureaucratic or legalistic, iced’ by MFA officers. human rights commission that guidelines for making and has little to offer beyond being lodging complaints of human It is reassuring to hear the Chair- used by the Government to deflect, rights violations man of Suhakam remind his fel- divert or quell public criticism of iii. decentralizing its structure to low commissioners to place the the latter’s human rights record. prevent Suhakam from becom- discharge of their duties and re- Neither can Suhakam be content ing just a Peninsular Malay- sponsibilities above any material with becoming, like many other sia- or Kuala Lumpur-centric rewards they may individually public ‘commissions’ and ‘agen- institution, and, enjoy. But it is, ultimately, more cies’, an institution that moves or iv. devolving its power so that pertinent for Suhakam to state acts only when prompted or per- Suhakam can more quickly publicly – which neither Suhakam mitted to do so by the Govern- and effectively reach particu- nor the Government has indi- ment. larly vulnerable sectors of cated to date – when precisely Malaysian society which are Suhakam will be provided with In our considered opinion, the often found at grassroots level. sufficient resources, including of- Commissioners of Suhakam have fice space and personnel, to oper- a solemn duty to demonstrate to 2. ResponsiveResponsiveResponsive to complainants ate as an independent institution. the public that they will be clear who report infringements and and steadfast in discharging their violations of human rights, Suhakam should, therefore, primary, individual and joint re- among other things, by swiftly move – physically, finan- sponsibility, which is nothing less i. attending promptly to com- cially and in other ways – from its than to help improve the human plainants and informing them current dependence on the Gov- rights situation in Malaysia for of Suhakam’s decision and ernment if it wants the public to the benefit of all citizens. plan of action view Suhakam’s claim to inde- ii. helping complainants do pendence with anything other There is no reason why, with time, what is necessary to lodge com- than skepticism. effort and dedication, Suhakam plaints and reports of human cannot make genuine progress rights infringements and vio- IV. What We Expect and a valuable contribution to- lations, and, of Suhakam wards helping to improve the hu- iii. recommending remedial ac- man rights situation. But tion as soon as it is clear that Since Suhakam has only been very Suhakam can only do so if it con- complainants require redress recently set up, there may not yet sistently regards and conducts it- or assistance that cannot await be a unified Malaysian public self not as an appendage of Gov- a protracted investigation opinion as to what Suhakam’s ernment, but as an institutional role, mission and objectives expression of a long and continu- 3. Transparent in its proceedings should be, quite apart from the ing tradition of popular struggles so as to ensure Government’s agenda and the to protect human rights in Malay- i. that ‘justice is done and seen statutory specifications of sia. to be done’ in cases of human HRCMA 1999. rights violations Towards this end, the Malaysian ii. the highest possible level of Moreover, as Suhakam proceeds public generally expects that exposure of human rights in- with its activities, programmes Suhakam, while carrying out its fringements

Aliran Monthly 20(4) Page 11 iii. an increased public awareness NGOs placed ‘in the forefront’ of has markedly deteriorated of late. of the need and the means the struggle for human rights and The deterioration has been exac- available to check the erosion civil liberties in Malaysia. erbated by the readiness of the of human rights in the coun- executive branch of government to try, and, We are encouraged that Suhakam abandon the ‘rule of law’, as it iv. the widest possible mobiliza- recognizes our contribution to were, in favour of a ‘rule by law’. tion of public support in de- human rights protection. How- Other branches of government are fence of human rights. ever, we are but three among many either unable or unwilling to pro- NGOs, associations, societies and vide effective checks and balances 4. 4. Accountable in its judgments individuals who have dedicated on executive conduct. and findings in order to establish themselves to a long human rights i. proper bases and precedents campaign in Malaysia (Appendix Consequently human rights in- for understanding and dealing 3). fringements have grown in fre- with human rights violations quency and intensity as ii. clear criteria for reviewing From that continuing campaign, Malaysian society suffers from the and/or appealing decisions much has been learned about the Government’s habitual resort to taken on cases of human rights human rights situation in Malay- draconian laws and repressive infringements, and, sia, and much has been commu- action to deal with legitimate criti- iii. consistency in abiding by uni- nicated about the ways and means cism and legal dissent. versally recognized human of improving that situation. To the rights standards. extent that Suhakam belongs to Under these conditions, this campaign and contributes to Malaysian society expects and 5. 5. Pro-activePro-activePro-active in its investigations its success, Suhakam has every deserves nothing less than the full and activities so that Suhakam reason to draw upon our learn- support of the Commissioners of willwillwill ing and call on our cooperation Suhakam to advance the cause of i. of its own volition conduct in- in order to build upon the collec- human rights protection in our quiries into human rights in- tive achievement of all those who country. fringements and violations are placed ‘in the forefront’ of the ii. retain an active stance and not campaign for human rights pro- Responding to Suhakam’s call for end up as a passive repository tection in this country. a dialogue, we in Aliran, Hakam of complaints and Suaram, together with the iii. demonstrate an independent VI. Conclusion NGOs which endorsed this Memo- scope of action free of Govern- randum, in turn call upon ment prompting, priority or po- Whether judged by past condi- Suhakam to prove itself to be a sition, and tions or by reference to situations genuinely bold, independent and iv. take the lead in protecting hu- in comparable societies, the hu- effective national human rights man rights. man rights situation in Malaysia commission.

V. What Suhakam an Expect Of Us

In a recent media interview, the Chairman of Suhakam described Aliran, Hakam and Suaram as

Endorsers by: 1)Angkatan Belia Islam Malaysia (ABIM) 2)Alaigal 3)All Women’s Action Society (AWAM) 4)Amnesty International Malaysia (AI) 5)Centre For Orang Asli Concerns (COAC) 6)Community Development Center (CDC) 7)ERA Consumer Malaysia (ERA) 8)Ideal Times 9)Indigenous People Development Center (IPDC) 10)Institute for Social Analysis (INSAN) 11)International Movement For A Just World (JUST) 12)Jawatankuasa Sokongan Masyarakat Ladang (JSML) 13)Jawatankuasa Sokongan Peneroka Bandar Kuala Lumpur (JSPB) 14)Jawatankuasa Sokongan Peneroka Bandar () 15)Labour Resource Centre (LRC) 16)Majlis Pelajar Malaysia (MPM) 17)Malaysia Youth And Student Democratic Movement (DEMA) 18)Malaysian Trade Union Congress (MTUC) 19)Penang Organic Farm 20)Persatuan Sahabat Wanita (PSWS) 21)Pusat Komunikasi Masyarakat (KOMAS) 22)Sisters in Islam 23)Suara Warga Pertiwi (SWP) 24)SUSDEN 25)TENAGANITA 26)The Selangor Chinese Assembly Hall Civil Rights Committee (CRC) 27)The Selangor Chinese Assembly Youth Section (SCAHYS) 28)Tholialiyin Tholar (TT) 29)United Chinese School Committee Association of Malaysia (Dong Jong) 30)Women's Agenda For Change 31)Women's Development Collective (WDC)

Aliran Monthly 20(4) Page 12 HUMAN RIGHTS Disappointing Composition A Critique of the National Human Rights Commission by Fan Yew Teng

s one of the NGO rep- beginning of its existence, the the Barisan Nasional in general. AAA resentatives involved Commission’s perceived as However, let us not forget that in a two-day discus- well as actual independence it was Musa, in his capacity as sion session, in Kuala and credibility. Deputy Prime Minister and Lumpur sometime in 1996, with Home Minister who gave the representatives from the Na- Aren’t we seeing two or per- green light to the police to tional Human Rights Commis- haps three members of the storm and open fire at demon- sion of Indonesia, Thailand Commission who are regular strators in Memali village in the and the Philippines to explore State of Kedah on 19 Novem- the possibility of putting in ber 1985, resulting in 18 place a regional mechanism to Malaysians –14 villagers and 4 protect and promote human policemen – losing their lives, rights in Southeast Asia, I am with many others injured seri- pleased that, at long last, a ously. National Human Rights Com- mission has been established in As far as I know, Musa has Malaysia. never apologised for this atroc- ity, which was of course a However, I am disappointed grave violation of human with the composition of the rights. Has he ever felt re- Commission. As I had com- morse for the Memali mented last year, in response Musa Hitam: Former Deputy Prime bloodbath of which he was to a question from a local daily Minister and Home Minister personally, professionally and newspaper, our Human Rights politically responsible? After Commission, like those in singers of praises for the gov- all these years of being re- other countries, should have as ernment? And, why, for in- warded by Prime Minister little to do with politicians of stance, was no former national Mahathir as a so-called special all creeds and shades, and that trade union leader of integrity envoy to the United Nations, it should not only be fully and appointed to the Commission? has Musa ever felt contrite truly independent of the gov- about the Memali Massacre? ernment of the day but be seen Now, I have nothing personal to be so. against Musa Hitam, the Calls at the time for an inde- former Deputy Prime Minister pendent Commission of In- This is a very fundamental and Home Minister. Obviously, quiry into the Memali Tragedy point which is of the utmost he has done some signal serv- were rejected by Musa and importance and relevance, as it ices for the government and Mahathir. The public forum on has to do with, from the very for UMNO in particular and for Memali promised openly and

Aliran Monthly 20(4) Page 13 solemnly by then Information grounds as well. He has never – even naively believe in the Minister was never hinted, let alone suggested or superstition that Musa has honoured. advocated, that highly repres- transcended national party sive and obnoxious laws in politics! How and since when? Because there has never been Malaysia like the Internal Se- a public and thorough account- curity Act, the Sedition Act, the Musa’s recent Johor Baru state- ing of what happened in Police Act and the Universities ment, as cited above, goes to Memali on 19 November 1985, and University Colleges Act be show that he is still very much one of the first tasks of the abolished because they are an a party political partisan. Ap- newly established National indecent affront to human dig- pointing a loyal, party politi- Human Rights Commission of nity and basic human rights. cal partisan to head our Na- Malaysia should be to conduct tional Human Rights Commis- Moreover, Musa is still very sion is a farce at best and a much a most loyal UMNO great disservice to human hack, often dispensing his wis- rights at worst. It is a far cry dom on how UMNO should be from India, for instance, where better run and by whom. Con- Justice J.S. Verma, a highly re- sider, for instance, the front- spected former Chief Justice of page banner headline news in India, was appointed as the The Sun on Sunday of 20 Feb- chairman of the National Hu- ruary 2000 from Johor Baru man Rights Commission there that Musa had “openly sup- at the end of last year. ported Datuk ” for UMNO’s By the way, is K. Pathmanaban deputy presidency. still a loyal and active member

Dr Mahathir: Rejected calls for an of the MIC, an obedient junior independent Commission of Inquiry into According to the report, Musa partner of UMNO? the Memali Tragedy said that he would like to see Abdullah move up as party Firstly, why must complaints a no-holds-barred hearing – president and Prime Minister. and other communications to along the lines of the Truth He was reported to have said, our National Human Rights Commission in South Africa – while speaking at the opening Commission be sent to the For- on the Memali Tragedy, with of the Johor Baru UMNO divi- eign Ministry still? When will Musa as the chief witness. sion’s annual general meeting, the Commission have its own This would be a true litmus test that “Abdullah has proven his office, postal address, its own of the independence, credibil- loyalty and shown patience in staff and its own facilities? ity and seriousness of our Na- facing the challenges through- And, of course, its own initia- tional Human Rights Commis- out the time he has been a tives? q sion. We as a people and as a member.” nation cannot and should not allow a crime against human- Musa’s right to his political in- ity to be so easily forgotten, let clination is not in dispute here. Fan Yew Teng is a alone forgiven. However, what is being dis- writer, political com- puted is his pretence that he is mentator and former Musa is not the right person to politically neutral. Some peo- Member of Parliament. head our National Human ple outside UMNO – including Rights Commission on other some Opposition leading lights

Aliran Monthly 20(4) Page 14 WOMEN Whither The Women’s Movement? Finding neat solutions to complex problems is an impossible feat but women could start by laying the most basic ingredients for a free and vibrant society. by Dr Maznah Mohamad

re we taking for granted that there is a AA Women’s Movement in this country? Is AAA there really one and if so, who are the ones behind it? Do we still need to fight for gender equality? Is there still a need for some women to fight on especially when so few young women seem interested in the women’s libera- tion cause?

Such fundamental questions were still being asked and re-looked by women activists at a recent gather- ing with the theme Rethinking the Women’s Movement. At the end of the meeting there was an overall feel- ing of enlightenment, and yet a deep sense of de- spondency. There were many curiosities around the ‘woman question’ left unrevealed and frontiers of emancipation yet uncharted for women of all ages and classes in this country.

The meeting, organised by the Women’s Develop- ment Collective (WDC), an organisation run by a small group of women based in Selangor was meant to tease out some of the questions above and, in the usual pragmatic mould of NGOs, to find directions for the future.

Participants included members of various women NGOs, such as the All Women’s Action Society (AWAM), the Women’s Crisis Centre (WCC), the Women’s Aid Organisation (WAO), Sisters In Islam, Persatuan Sahabat Wanita Selangor (PSWS), Malaysian Women in Ministry and Theology (MWMT) and the Women’s Candidacy Initiative (WCI), among others.

Aliran Monthly 20(4) Page 15 Other participants came from tackle the incidences of violence focussing on social and economic NGOs that are not specifically against women in society, which advancement programmes, alter- focussed on women’s interests. included the crime of wife-battery, native women NGOs chose to look Some had been in their organisa- household violence, rape and at women’s most basic source of tions for some two decades and sexual harassment. oppression: crimes and assault others had just joined their groups against their bodies. This was the within the last three years or even Unlike women’s movements in the area which mainstream and state- later. past, the organisations formed in linked women’s organisations the 1980s were different. The steered clear of as it was hard to To have a theme devoted to ‘re- former served the interests of measure in terms of national gains thinking the movement’ meant women in a fragmented way. Some and productivity and was cultur- that some women were ready to of the past women’s organisations ally contentious. move on but didn’t know how and fought for equal wages and equal in which direction. employment rights which ex- Through self-reliant efforts, or- cluded non-working women ganisations like the WAO, the Looking At within their sphere of concerns. WCC, AWAM and the WDC were Themselves established to fill in the ‘Violence- Other women’s organisations Against-Women’ gap left un- One of the most enlightening as- were appendages to political par- touched by mainstream NGOs pects of the workshop was that ties and almost always ethnic or and by the government during the women activists were finally at- religion-based, and were thus whole decade of the 1980s. The tempting to look at themselves unable to provide a platform of campaign to address the issue of rather than at other women whom unity for all women regardless of VAW started in 1985 with the for- they’ve always assumed to repre- race. mation of the Joint Action Group sent. They looked at themselves as (JAG), which held a two-day event the movers of the Women’s Move- In the 1980s a movement finally filled with speeches, forums, skits, ment in this country. They looked coalesced around the concept and dances, and exhibitions to publi- at themselves as the vanguard of reality of ‘Violence-Against- cise the issue of VAW for the first the new consciousness for a new Women’ (VAW) and provided a time in Malaysian history. The gender order. new basis of unity and solidarity event was a runaway success in for women regardless of race, terms of the turnout and the me- Obviously, they differentiated class and religion. dia attention it received. themselves from the mainstream women’s movement, or institu- An Added Push After 1985 at least four women’s tions that are directly linked to the crisis centres were established in state or to market-interests, and In the 1980s, developments on the the country. Among some quar- which are largely boosted by male international front - especially the ters, and if not for feminist con- patronage. 1975 United Nations Declaration sciousness, the VAW campaign of the Decade for Women - gave could have been reduced to noth- Participants at the workshop felt this movement an added push. ing more than the building of that the contributions of the non- What this meant was that govern- women’s shelters and counsel- mainstream women NGOs were ments all over the world had to ling centres. But the organisations critical in defining a new space commit themselves to providing affected social changes in other for women; yet the movement resources and recognition to the areas as well. They shaped the blazed by them was so little ac- struggles for the betterment of Women’s Movement of the 1980s knowledged by the public. women. and onto the 1990s.

Most of the women’s groups gath- While mainstream women’s or- Alternative Women's ered at this meeting originated in ganisations (or those formally Movement the early to mid-1980s. They were linked to the government) tried to formed in response to a need to redress gender inequality by The strength of these organisa-

Aliran Monthly 20(4) Page 16 tions was more than just their abil- not have a mass base, it lacks labyrinth, is forced to forsake ide- ity to provide services. The alter- strength in membership numbers alism, the element which used to native women’s organisations and it is not spread wide enough passionately drive youth to self- spearheaded women’s involve- throughout the country. Most cri- lessly take up political causes. ment in lobbying for new legisla- sis centres only have women who tion like the Domestic Violence Act seek them in their most dire mo- We ended the workshop wonder- of 1994. They provided feminist ments and leave, once their lives ing how a generational continu- input to national policy-making are put into order. ity carrying the torch of women’s initiatives, challenged powerful emancipation could be ensured existing orders such as the Notions Of Idealism when both state and market forces Syariah legal system to highlight are working against any notions Muslim women’s problems and After more than a decade, women of idealism. Could we find some- politicised the personal by bring- NGOs are still unsure about thing in common with younger ing issues of gender relations whether to engage or not to engage women to continue the work within the household onto the with the state, whose character is started by generations of women public forum. Yet, to what extent suspect in light of the post-1998 even before the VAW decade came has all this new consciousness political crisis. Gains for gender into being? sunk into the width and depth of equality engendered by the state mass society? have also been too sporadic and Should the alternative women’s tied to a much larger and expedi- movement work towards captur- Trying to answer such a question ent political agenda. Legislative ing political power and enter elec- was despairing. Perhaps alterna- reforms have been few and far be- toral politics directly? Conversely, tive NGOs were only a spoke in tween and society is still too much should it operate within the realm the big wheel of women in move- divided on the basis of class, race of civil society, which will always ments rather than the hub upon and religion to lend the cause of be a third autonomous force in the which the Malaysian women’s gender equality prime impor- triad of governance involving the movement was centred. This feel- tance. state and the market? ing was stirred when one of the younger workshop participants Perhaps on top of all this is Finding neat solutions to complex who is a graduate of a local uni- globalisation, a phenomenon that problems is an impossible feat but versity related how she was ‘not while still nebulous a concept, is women could start by laying the allowed’ to become a feminist nevertheless a living reality. The most basic ingredients for a free within her family, on campus and globalisation of commercial con- and vibrant society. All partici- even among friends. This, despite sumerist culture has imposed a pants agreed that without a level the fact that the women’s move- uniformity upon society, inviting playing field - a field where the ment fashioned for almost two a backlash in the form of individu- institutions of democracy, rule of decades was supposed to have alist or parochialist movements. law, free press and freedom of created a more equitable gender speech, assembly and association culture in society. People recede into their private or are not in place - no movement, communitarian spaces by exert- whether feminist, environmental- Did the alternative women’s ing forceful forms of identity poli- ist, religious or humanist can find movement get sidelined by main- tics. What appears to be a culture its deserved constituency. stream sexist commercial culture clash between the universal uni- or did it never succeed in making formity of MacDonalds-driven The new stimulus for a refreshed even a nick in the mighty canvas eating habits and the ethnocentric women’s movement could per- of patriarchal conservatism? distinctiveness of Islamic dress haps be sought by building im- are two sides of the same coin, perative alliances with other civil The non-state, non-political manifesting the contradictory im- rights movements and by reach- party-based women’s movement pacts of globalisation. Perhaps ing for the broad mass which may of which the alternative NGOs fall this is how the younger genera- be inert but filled with latent un- into lacks a constituency. It does tion, ensnared within an identity ease. q

Aliran Monthly 20(4) Page 17 MEDIA Reconsider Your Action, Webmasters In the interest of the struggle for justice, ZUNAR appeals to the webmasters to reconsider their move to close down four pro- websites temporarily.

he campaign to with- they have poured in to establish KeADILan was born in a political TTT draw into silent reflec- and operate the websites cannot climate that the ruling party tion (kempen bertafakur), be measured in monetary terms. found undesirable. It was born in launched by four pro- an era when the Ministry of Home reformasi webmasters, is an unfor- We must not forget that they were Affairs was instructed to use every tunate episode in the struggle of the only media which promoted means at its disposal to deny per- the people to demand reform in the street demonstrations which mits to opposition newspapers. Malaysia. succeeded in challenging the gov- ernment led by Prime Minister Dr If any Barisan Alternatif compo- This campaign is a move to pres- Mahathir Mohamad, simultane- nent party received a permit for a sure two Parti KeADILan leaders ously opening the eyes of the new newpaper, many predicted to step down. These webmasters world to the injustices being com- that a big flood will hit Kuala are reported to have sent letters to mitted in Malaysia. Lumpur again! Pak Lah was ex- the leaders of the party to call for pected to take “tens of years” to the resignation of its Deputy Detailed schedules and reports of consider the application for a pub- President, Dr Chandra Muzaffar the demonstrations were not lication permit for KeADILan’s and Secretary-General, Mohd available in any of the other me- bulletin. Anuar Tahir. dia. Not only , even Harakah, was not keen to give This caused the party to have no It is understood that they will per- much prominence to the demon- choice but to depend on the sist with their “blackout” protest strations at the beginning. websites to reach the people. The if this demand is not met. understanding between the two Hence, the websites were the only sides has been going on for so It cannot be denied that the con- point of reference for the support- long. KeADILan and the websites tributions from websites like ers of the demonstrations. are inter-connected. Indeed, the Laman Reformasi, Black 14, name KeADILan and the websites Pemantau, and Komentar have been Nobody would dare deny that are almost synonymous. great. Since the reformasi move- KeADILan gained a lot of politi- ment was launched by former cal advantages from the street The demonstrations have given a Deputy Prime Minister Datuk Seri demonstrations. If KeADILan had great deal of political mileage to about two years depended only on ceramahs like KeADILan. The webmasters have ago, the webmasters have played PAS, for instance, names like helped a lot in transmitting the an extremely big role. Ezam, Tian Chua or Lokman voice of KeADILan. It is justified Adam would perhaps not be as The time, energy and money that popular now. Continued on page 28

Aliran Monthly 20(4) Page 18 out fatal.

And then there’s Muhyiddin, now domestic trade and con- sumer affairs minister. Some say he was elected because he was part of the original “Wawasan Team” in 1993. But what is his wawasan, if any, right now ? Not that the other six candidates for the vice presidency have better wawasan and credentials, not even or Ghani Othman, re- portedly Mahathir’s preferred candidates. Come to think of it, why was Dr M so disappointed with the choice of the delegates ? Yes, Dr M did denounce the prac- tice of “money politics” by which Future Malaysian The three newly elected UMNO he meant vote-buying. Surely he’s Leaders vice presidents do not inspire con- not implying that the winners fidence either. Take Najib Tun were involved in vote-buying! It was appropriate that Dr Razak, now Defence Minister, but Mahathir led the delegates in doa who made a mess of educational At any rate, Dr M did not de- selamat prayers as he brought the affairs previously. Although he nounce money politics under- UMNO General Assembly 2000 to topped the list of nine candidates stood in the wider sense. He could a close. When all else fails, divine who offered themselves for the not, and so said nothing about intervention might work, Dr M three vice-presidents’ posts, he is UMNO and UMNO leaders mix- seemed to cry out. In fact, many not exactly popular outside of ing politics and business. Nor did Malaysians have already been UMNO. In the 1999 elections he he rave against cronyism – why, praying for some time, for an even won his Pekan parliamentary seat in previous years he’d said that more thorough overhaul of by only 241 votes, or a mere 0.9 everyone in UMNO was a crony UMNO, indeed, of the entire BN- per cent majority over his Pas chal- and had been beneficiary to gov- dominated political system which lenger. ernment largesse. It’s not vote- has been entrenched for more buying per se which is the source than four decades. Alas, all that There’s Mat Taib. Of course, he’s of UMNO’s present predicament. praying has had little effect thus been acquitted in the Malaysian It’s an entire party system built far. Hence the possibility of the and Australian courts of charges upon patronage and loyalty to the newly elected UMNO leaders tak- of falsely declaring or failing to de- leader, devoid of the principles of ing over the reins of power is quite clare cash and assets. Surely no- justice, equality and fair play for real. body now believes that he’s any- the entire Malay community, prin- thing but clean. Yet there’s still ciples which used to characterize No doubt, he’s more savvy about this lingering concern about his UMNO’s struggle. A return to the globalisation, IT and the K- command of the English lan- original UMNO cause requires economy than say, , guage, which by his own admis- more than prayers. a one-time deputy premier. But sion in the Australian court, is not current heir-apparent Pak Lah re- so good-lah. That’s not a problem Q Q Q Q Q mains lacklustre. Indeed, he is a right now for he does not hold any poor imitation of His Master’s official government position. But More Denial? Voice and does not appear to have imagine if Mat Taib was to repre- Or by introducing compulsory re- ideas of his own on how to over- sent Malaysia in negotiations ligious classes for that matter! Dr come the present political malaise with Abu Sayyaf types, and Hamid Othman, minister in the threatening UMNO and Malay- miscommunicates with his half- PM’s department, and recently re- sia. past-six English….It could turn elected to the UMNO supreme

Aliran Monthly 20(4) Page 19 council, is now proposing that and coordinating the various whether top government officers Muslim civil servants attend com- groups involved in making should still be responsible for or- pulsory religious classes two Sukma 2000 a success. The media ganizing mammoth sporting hours a week. “We want them to reports that he’s been checking events like Sukma ? A related is- be committed and motivated in things out personally, everyday. sue is the involvement of the same carrying out their responsibili- Indeed, he’s everywhere and do- people in the various sports asso- ties”, he declared. But he let the ing everything: at the opening cer- ciations. Is this what they were cat out of the bag when in reply to emony; giving out lucky draw elected and paid to do ?Are they questions he explained that these prizes; walking around with Bang really knowledgeable about the classes were to “curb the religious Bayan (he with the pants) and sport and indispensable for the deviation caused by irresponsible Chombee (she with the skirt); trou- sport’s development ? The Tho- lecturers who preach their own ble shooting and problem solving mas Cup fiasco, the stagnation of views and not the true teachings at the Sukma secretariat located football and athletics seem to sug- as in the Quran”. Apparently, in USM; escorting Dr M to the clos- gest that the people in charge are these civil servants have been too ing ceremony; you name it. As the not necessarily doing a good job. easily influenced by the Pas point media suggested, he should be of view. Hamid, who was defeated given the gold medal. Why not step aside, and let some in the general elections, and had others, more professional and to be appointed as senator in or- Organising an event like Sukma technically competent, take over ? der to get back to the cabinet, still is time consuming and can be They might not gain the coopera- cannot understand why he lost overwhelming. No doubt, when tion of others immediately. How- except by pointing his finger at the chief minister is in charge ever, given time and love for the others. many more will respond quickly, sport concerned, the right people donate time, energy and funds, for the job will come to be in charge Q Q Q Q Q etc. Chances are that problems get and the sport actually develop Going Ga-Ga solved more easily and there will (without interference from med- Over Sports? be a higher success rate. dling officials who have little tech- nical knowledge of the sports they Penangites are all aware that their Yet, in spite of Tsu Koon’s efforts, are involved in.) At any rate, Ma- chief minister has been all hustle Sukma 2000 set a record of sorts laysia Boleh. and bustle these past months. No, by making 582 changes to the Tsu Koon has not been engrossed original schedule, some at the elev- This will also free our government in finding alternative housing for enth hour ! It was a nightmare for leaders from sports so that they those forced to relinquish their the media. There were also com- can concentrate on the jobs that homes and shop lots due to the plaints of the poor quality of food, they were elected to perform, by repeal of the Rent Control Act and terrible accommodation, stinking which is meant, not only solving the resultant soaring rise in rent; toilets (complete with Unidenti- housing and transportation woes, for many Penangites, an SOS af- fied Floating Objects), lack of park- but issues like reinstituting rule fair. Neither is it because he’s bus- ing and traffic jams in Batu of law, accountable government, ily coordinating and overseeing Kawan and elsewhere, of an un- putting in place checks and bal- the detailed proposals – concern- even astro-turf hockey pitch not ances, seeking out avenues for ing land use and industrial devel- laid out according to specifica- participatory democracy, etc. opment, environmental protec- tions, and of the high-tech digital tion, flood mitigation, traffic con- score board in Komtar costing As it is, with Sukma 2000 over, Tsu gestion, conservancy and recrea- RM6 million flashing everything Koon, also president of the Foot- tional facilities, low-cost housing, but the latest results as it was ball Association of Penang, is now etc – all so urgently needed to re- originally purchased to do. going ga-ga over the the Penang alize the noble goals contained in Moreover, many matters, some football team, which has made it the Penang Strategic Development very urgent, had to be put on hold, to the FA Cup Final. Is he a sports Plan. because of the chief minister’s to- fanatic or what ? Or is it the sense tal involvement in Sukma 2000. of power that he derives from pre- Tsu Koon has been busy organiz- siding over sports spectacles ? ing temporary housing, food and In this era of decentralization and transportation, reviewing plans privatization, it is pertinent to ask Q Q Q Q Q

Aliran Monthly 20(4) Page 20 From Spectacle To Meanwhile, in Kuala Lumpur, Malaysian Circus: Spectacle Kadir was pushing on with a big- From Transport To ger spectacle, the Citrawarna Ma- Theatrics I’m all in favour of organizing laysia, or “Colours of Malaysia” “durian specials”, in whatever parade. Held for the first time last form, to attract local and foreign year, he was now boldly pro- tourists to Malaysia’s tourist re- claiming that the parade would sorts. Even if the foreigners are soon be as famous as the samba turned off by the pungent smell of parades of Rio de Janeiro. In fact the raja buah-buahan, we locals can he claimed that the KL parade guarantee that there will be no would even be “better than those waste. This is earthy ecotourism. in Rio de Janeiro and Los Angeles [presumably the Rose Bowl floral Scene One (DAY 1): But no, there’s not enough of a parade]”. I cannot attest to this. spectacle involved here. Either Did anybody catch the parade in I have served as a Cabinet Minis- that, or there’s something about KL on May 27 ? ter for a long time (14 years) and the tourism portfolio that drives now is the right time for me to re- those in charge to quite ludicrous Not to be outdone, Penang’s Tour- tire. I am going in a happy mood extents. Consider: soon after his ism Committee chair, Mdm Kee because my time to go has come. appointment as minister of cul- Phaik Cheen announced plans to Sometimes when its time to ture, arts and tourism, Kadir hold the Penang Merdeka Inter- go...you have to go. (Politicians Sheikh Fadzir proposed that national Food Carnival 2000. The come and go. But in Malaysia, Malaysians should introduce a carnival would involve more than they go and come, or come and common way of greeting foreign- 220 food-stalls and stretch the 1.7 come!) ers by placing our right hand over km length of Gurney Drive. The our heart. This form of greeting is goal, she proudly proclaimed, I am not here to debate anymore. completely alien to us, of course. would be “to break the record for I will not change my mind even if No matter. Even if it was not such the longest beach buffet in the there is a strong appeal from top a silly suggestion, it might still country covering 1.4 km set in party leaders. Ah Lek and I are succeed over a period of time, pro- Nov 1994”, also organized under good friends...party vice-president vided there’s consensus by all her auspices. There would also be can now have Malaysians, but especially those a lucky draw and entertainment my post. My decision is irrevoca- involved in the hospitality indus- – cultural dances, live bands, a ble, I want it to be respected. I in- try – hoteliers, taxi drivers, immi- magician and clowns. A gold formed the Prime Minister of the gration personnel, airport and rail- medal for her too ? So this is the matter last week. I can’t tell you way workers, rickshaw pullers, stuff of politics in Malaysia ! Now Mahathir’s reaction — that’s shopkeepers, etc – to implement who elected these clowns into privileged information! (Dr the proposal. power ? Mahathir will surely understand — he himself finds it very hard to Q Q Q Q Q Yet, amidst some fanfare, only a “go”.) mini spectacle really, this new A Little Magic form of greeting was launched Scene Two (DAY 2): in a Penang hotel in May. Mind Now you hear him, now you you, the other Penang hotels don’t. With a wave of the wand, I have agreed to think over my have not decided to follow suit. Wee Choo Keong, whatever the decision to resign as Transport They are still advising the for- name of his party, is back in the Minister, following strong ap- eigners to use the right hand news. So too some other leader of peals from party leaders and (never the left, stupid) to eat the Malaysian Ceylonese Con- members. (Strange, for someone durians. Others, including taxi gress branch in Port Dickson, who has been thinking, for sev- drivers, in exasperation over the whatever his name. But the prize eral years, of leaving, it took less traffic jams, still use their right for making a spectacle of himself than a day to change your mind.) hands to signal *#@* , a la the goes to…(read on) mentri besar of , at other I get unpopular sometimes be- drivers. RakyatBoleh.my cause I ask people to go, they get

Aliran Monthly 20(4) Page 21 very angry with me, but this is the felt it is time to do so, though it bisik, or are you just too segan segan unpleasant side of leadership. may not be the perfect time. I have to go after all ...! (Well, at least they only get angry been thinking of resigning from with you. Sometimes when we the Government a few years ago The one thousand people at the simple folks ask unpopular Min- as I wanted to make way for airport - were they there to scream isters to go, they throw us in jail, younger leaders. If you are seri- “don’t go” or were they sent by a disturb our business, beat us up ous (about resigning) you don’t few so fearful that they too may on the streets and label us traitors. give any indication. If you are not have to join in the Chinese opera, It can be quite unpleasant having serious, of course you bisik bisik without you in the MCA?) to deal with leaders.) (whisper) here and there, hoping people will tell you not to go, Scene Six (DAY 14) I will heed the PM’s advice to me don’t go. I have been talking (A few hours later) to reconsider my decision. I will about this for a few years (!!). (Yes, let you all know tomorrow. (You you just talked about it — no whis- I will stay. I will continue to serve. forgot yesterday’s script?) pers — no indication — you never (“I have served as a Cabinet Minis- did hope that people will tell you ter for a long time (14 years) and now Scene Three (DAY 3:) not to go, don’t go! You have been is the right time for me to retire.”) thinking — for several years — Taking the PM’s advice, I am go- and you need another two more I have made up my mind (to stay). ing on two weeks leave to think weeks to think?) (“I will not change my mind (to re- over my decision. But my quit de- sign) even if there is a strong appeal cision stays! (Finding it hard to When all these people (whom you from top party leaders.”) respect your own irrevocable de- have trained) are ready, promote cision?) them and you yourself must be I’m respecting the wishes of all the prepared to go. Don’t segan segan party members, community lead- PM told me that although he (be embarrassed). Of course you ers, friends and supporters... agreed with me last week that I yourself must be prepared to go. (“My decision is irrevocable, I want can resign (privileged informa- (Who are the young leaders in the it to be respected.”) tion?), after watching the reaction Transport Ministry you have nationwide he now thinks...I trained? After all appointment in I am touched, I am overwhelmed should not go... he thinks I should a Ministry is the prerogative of the by the strong sentiments of sup- stay...keep my letter of resignation, PM!) port they have expressed, urging take two weeks of leave and think me to reconsider my decision. very carefully and come back. I have served as the president of (“If you are serious (about resigning) (How could the PM even agree to MCA (also for 14 years). I will not you don’t give any indication. If you accept your resignation and think step down as president of MCA. are not serious, of course you bisik that the MCA does not want you (Not making way for younger bisik (whisper) here and there, hop- — such “evil” thoughts.) leaders in MCA, Datuk Seri? What ing people will tell you not to go, don’t about : “No man is indispensa- go.”) I will submit my application for ble. Things will go on.”? ) leave and go to a quiet place, take Thus goes the Chinese opera of a a rest and take time to think. (Yes, Scene (5) (Day 14) Senior Cabinet Minister who is also it must have taken a lot out of you the President of a major political party to come up with such a pulsating Please give me a few more days. and a student of Sun Tzu’s Art of War performance. You need much rest. (Well, you did say that you have — who out-manoeuvred himself, The nation needs some quiet too been thinking over the past few looking like a fool of the new — after the “sound and fury sig- years to resign - a few more days millennium. nifying nothing”. Alas, it will also will not make much difference! give the PM two weeks to think Thus goes the Barison Nasional’s things over.) But why the hurry to get back from circus of consolidation cooperation Down Under, Datuk Seri? Frighten Scene 4 (DAY4): that if the opera goes on too long, and consensus. your ardent followers may dis- My decision to quit is because I cover it has all been pure bisik (Martin Jalleh, 6 June 2000)

Aliran Monthly 20(4) Page 22 CIVIL SOCIETY Act Of Betrayal

The Snuffing Out of Local Democracy in Malaysia by Dr Johan Saravanamuttu

Melody or Malady? tal practice and basic provision of racy at the local level. The first elec- any democratic system — elected tions in Malaya were held there The Malaysian Local Democracy councillors to serve citizens at the in 1951 to elect nine councilors. Initiative (Malodi) launched by local level. How did the demise of George Town was a “city coun- the “People Are The Boss” group local democracy occur in Malay- cil” (the only one) by virtue of the in Penang in February 2000 is a sia? Let’s take a brief look at his- fact that it was granted city status project that deserves our attention. tory. by the British in January 1957. The group has called for a return With the passage of the Local to local democracy or “self-gov- A More Vibrant Past Government Act, 1960, a new ernance” at the local level. The Constitution was granted to the Ratepayers Association of Penang Most Malaysians today are prob- City Council of George Town from has also come out strongly to call ably unaware that vibrant local 1 April 1961. George Town was for representation of NGOs in the level democracy existed in the fully autonomous financially local councils. 1950s and 1960s. We had 373 lo- and was the richest local author- cal authorities that had well over ity, with annual revenue almost Both these initiatives have fallen 3,000 elected representatives out double that of the State of Penang. on deaf ears and the subsequent of a total of some 4,223 local coun- Its Reserve Fund at the end of appointment of a civil servant as cillors. This number excluded 1965 stood at some 6,037,535 President of the Penang Munici- those of the Kuala Lumpur mu- Malaysian dollars. pal Council (not City Council, nicipality, which came under a mind you) surely indicates the separate jurisdiction because it In 1966, under a (Transfer of Func- Penang state government’s lack of was the federal capital. tions) Order, the functions of the intention to respond to these ini- City Council were transferred to tiatives. Meanwhile, Malodi has The three most prominent munici- the Chief Minister to enable a initiated an alternative or palities were George Town, Ipoh Commission of Inquiry “to inquire “shadow” Penang Municipal and . Elsewhere, there on [sic] the acts of maladmini- Council in several meetings in were 37 town councils, 37 town stration and malpractices and February and March this year. boards, 289 local councils and 7 breaches of law committed by the district councils. Penang and City Council of George Town”. A USM survey carried out last year Malacca were the two states in the Bayan Baru parliamentary which had local councils state- After the commission completed constituency found some 72 per wide and only Penang had fully its work and filed its report, the cent of the 913 respondents want- elective councils throughout its Chief Minister of Penang contin- ing a re-introduction of locally territory on both the island and ued to administer George Town. elected councils. the mainland. In fact, the government at this time was already intent on carrying out The time is ripe for Malaysians to George Town had a particularly a much larger study of the opera- demand a return to a fundamen- eminent history in terms of democ- tion of local authorities, and in

Aliran Monthly 20(4) Page 23 June 1965 set up a “Royal Com- able and why did the DAU rec- seats contested in the Kinta Dis- mission of Inquiry on Local Au- ommend the abolition of locally trict. The Alliance won only 27 thorities” headed by Senator Athi elected councils? The DAU’s seats, while 11 seats went to the Nahappan. main arguments were that elected Socialist Front. local councils were no more con- The Nahappan Commission held sonant with new national objec- Road To Local numerous sittings, hearings and tives such as the New Economic Democracy’s Demise received memoranda from far and Policy and that they provided for wide and completed an excellent “an over-democratized over-gov- A few prominent personalities and comprehensive study of the ernment at the local level” (sic). were connected in one way or an- workings of West Malaysian lo- Furthermore, the DAU claimed other to this saga of declining lo- cal authorities. It completed its that the system led to “oligarchic cal democracy. work in December 1968, coming elites” facilitating the domination out strongly in support of elected of the “haves” over the “have- The first major character involved councils. However, the central nots”. was the erstwhile Socialist Front government chose to completely Mayor of George Town, D.S. ignore and set aside the findings More objective observers, however, Ramanathan. (Later, Ramanathan and recommendations of the have cited two ostensible reasons became an independent and then Nahappan Commission. for the collapse of locally elected Alliance councilor). Ramanathan, councils. First, the Indonesian who has a road named after him After the Nahappan Report was Confrontation led to the de facto in Pulau Tikus, caused a major completed, the Cabinet appointed suspension of local level elections sensation in 1963 when he alleged yet another commission or com- since 1965 and second, the May serious malpractices on the part mittee to study the implications of 13, 1969 racial riots provided the of George Town councillors. the Nahappan Report. This Cabi- perfect excuse to kill off opposi- net Committee was headed by tion elective local councils. Of course, his accusations in those Hassan bin Mohd Noh, the secre- days pale into insignificance com- tary general of the Ministry of In reality, ethnic factors probably pared with the kinds of scandals Technology, Research and Local had nothing to do with the demise that Malaysians are now used to Government. Among its members of elected councils. Rather, oppo- hearing about. One charge was were Hashim Yeop Sani, the then sition politics and the issue of in- that there was fraud in the con- representative of the Attorney efficiency or maladministration struction of the city’s largest mar- General. To the credit of this Com- may have led to the decline of lo- ket. The flap led to a vote in the mittee, it went along with the spirit cal government. council, which although rejecting and most of the Nahappan recom- Ramanathan’s complaints, mendations. Without doubt, the smothering of agreed to a commission of inquiry. opposition politics triggered the It was, however, another report demise of local democracy. Con- However, it was only three years submitted by the Development sider the fact that both George later in 1965 that the Royal Com- Administration Unit (DAU) of the Town and Ipoh consistently mission headed by Nahappan Prime Minister’s Department elected opposition parties — So- was formed. The Nahappan Com- which effectively set aside the cialist Front and People’s Progres- mission had the likes of Nahappan recommendations in sive Party — to head and run the Ramanathan, Awang Hassan, 1971. city councils. The same happened Chan Keong Hon, Tan Peng Khoon in Malacca. and Haji Ismail Panjang Aris “Over- serving on it. Just as the commis- Democratization” Also consider the fact that in the sioners started their work, the on- 1962 local council elections held set of the Indonesian Confronta- What did the Nahappan Report in , the PPP won 57 per cent tion led to the suspension of all recommend that was so objection- of the votes and 112 of the 150 local councils.

Aliran Monthly 20(4) Page 24 The Nahappan team finally sub- • A Local Government Tribunal councils within three years, but mitted its report in 1968. Its rec- should be constituted by the most detrimentally members of ommendations were crystal State Authority of every local these councils would be ap- clear. It called for the restoration authority pointed and not elected and in of elected local government but most cases the chairman would with a variety of administrative Despite the submission of the be the District Officer or some changes and a new set of rules. Nahappan report and its very other civil servant. This is the sys- On hindsight, one could sur- considered and reasoned recom- tem of local government we now mise that the commissioners mendations for the revival of lo- have. were acting in good faith al- cal democracy, the minions of Betrayal though perhaps somewhat na- state stepped in to snuff out elec- ively. Some of the more impor- tive local government in complete We cannot but conclude that the tant Nahappan recommenda- contradiction to the spirit of the setting aside of the recommenda- tions were : recommendations. tions of the first Royal Commission of Malaysia was an act of betrayal. • Every state capital should be The then Local Government Min- Had the Nahappan Commission’s administered by a local author- ister played a sig- recommendations been fully imple- ity and have elective represen- nificant role here. Long after Con- mented, we would have in Malay- tation. The same principle frontation ended in 1971, he rec- sia today a healthy democratic should also be extended to all ommended the setting up of the practice at the local level. local councils outside state Cabinet Committee to study the capitals Nahappan commission’s recom- The government's reactions to the mendations. And again, against Commission’s recommendations • There should be one single law the grain of the Cabinet report on were calculated and deliberate applicable throughout the the Nahappan commission’s although it must be said that a country relating to and gov- findings, proclaimed that there variety of personalities also erning local authorities, and was consensus among the states played their role in the decline and every state should adopt and to oppose restoration of elected eventual demise of local democ- enforce the law within six local government. He then did racy in our country. Still, the be- months after it has been passed nothing in particular for a number trayal must surely fall squarely on by Parliament of years except to allow existing the shoulders of the governments councillors to be replaced by mem- of the day – federal and state – • A local authority should be bers of the same party upon death which did nothing to revive elec- decentralized and should be an or inability to continue. tive local government. Instead, autonomous body corporate they literally, through acts of com- consisting of fully elected Then, the Local Authorities (Tem- mission and omission, snuffed it members with financial and porary Provisions) Act was en- out. administrative autonomy but acted in 1973 which in theory im- subject to the control of the plemented some of the adminis- It remains for citizens now active State government on matters of trative and restructuring recom- in championing local issues to national importance and inter- mendations of the Nahappan Re- pick up the pieces and struggle on est port. for the restoration of local democ- racy in Malaysia. q • Party politics should be al- The writing was on the wall and lowed to continue despite its the coup de grace came three years good and bad aspects and later when the government en- Johan is a professor in those who wish to remain non- acted the Local Government Act political science at a conformist should have the of 1976. The new Act only al- local university right to stand as ‘independ- lowed for the establishment of 12 ents’ as in the past municipalities and 90 district

Aliran Monthly 20(4) Page 25 INTERNATIONAL

An Act Of Personal Vendetta? I was not the only one re-appointed recently after two terms

t appears that the For- mission for that year I pro- sion of 53 States seems to have III eign Minister, Datuk posed a recommendation for left the Government very frus- , is the Commission to appoint an- trated. That may account for not conversant with other person or a committee of the Minister’’ outburst yester- the United Nations special pro- persons to investigate alleged day. cedure mechanism. Special judicial improprieties in Malay- Rapporteurs are independent sia. The then head of the Further, I was not the only one appointees; such appointments Malaysian delegation to the re-appointed recently after are done independently of the Commission, Tan Sri Musa two terms totaling 6 years. The national governments where Hitam, in Geneva expressed to appointment of Miss Radhika the rapporteurs come from. me his concern that such a rec- Coomaraswamy from Sri Consent of, or even consulta- ommendation, if adopted, Lanka, the Special Rapporteur tion with, national govern- would be very bad for Malay- on Violence Against Women ments on these appointments sia. Out of deference I with- who had already served six will defeat such independence. drew the recommendation. years was renewed. It is there- Further Special Rapporteurs Only three days ago I faxed a fore not correct that the UN do not represent the country letter to the Malaysian Ambas- made an exception for me. they come from. Hence I do sador in Geneva on this very not represent Malaysia. point. (See next page) Instead of picking on me the Malaysian government would The mandate entrusted to me Far from the UN applying dou- be well advised to direct its by the United Nations is the- ble standards, the Malaysian efforts to address the deterio- matic i.e. I monitor the whole government now appears to be ration in the administration of world. Malaysia is just one blowing hot and cold. Malay- justice in the country. It can- among the 184 countries. My sia’s attempt to block my re- not continue to remain imper- latest report to the Commission appointment under the pretext vious to both domestic and in- describes my interventions on of a technical point on the in- ternational opinion on this is- situations in 51 countries. My terpretation of a transition pro- sue. q latest report to the Commis- vision on time limits for man- sion describes my interven- date holders was seen by some tions on situations in 51 coun- member States as an act of per- tries. It was to avoid any alle- sonal vendetta. That in the end gation of want of objectivity the Malaysia contention did Param Cumaraswamy and impartiality in the investi- not find support both in the UN Special Rapporteur on the gation of Malaysia that in 1997 Working Group and the Ple- Independence of Judges & Lawyers in my draft report to the Com- nary Session of the Commis- May 6, 2000

Aliran Monthly 20(4) Page 26 INTERNATIONAL

Tarnished Image Of Malaysia When called upon to defend the indefensible, silence is a better option

H.E. Hamidon Ali 3 May 2000 Norashihan drove me in his car to Servette after din- Ambassador and Permanent ner at Pukett when he too alluded to the same con- Representative of Malaysia cern. Out of deference to the concerns expressed I Geneva withdrew the recommendation.

Excellency, I am most surprised that the Government is now questioning whether it was proper for me to be in- I heard and read the Malaysian statement on vestigating my own country thus by necessary im- Agenda Item 20 read by you on April 19. I make plication questioning my objectivity and impartial- reference in particular to paragraph 5 (a) of the state- ity. Before you proceeded to read that statement ment. (probably prepared for you from Kuala Lumpur) did not you or Raja Norashihan recall the events of 1997? You may recall or at least Raja Norashihan would, If so did you not realise the inconsistency? On hind- sometime in early 1997 I had in my draft main re- sight it appears that I should have just ignored those port for that year a chapter on Malaysia wherein I concerns and proceeded then with the recommen- recommended that another expert or a committee of dation to the Commission. experts be appointed by the Commission to investi- gate allegations of judicial improprieties in Malay- Finally, the content of the several Government’s sia to avoid any possible criticism against me for statements during the 56th Commission session want of objectivity or impartiality. This draft some- caused more damage to the already tarnished im- how came to the knowledge of the Malaysian mis- age of Malaysia on human rights. May I say, when sion and its delegation led by Tan Sri Musa Hitam. called upon to defend the indefensible, silence is a Tan Sri at a lunch with me in Geneva expressed better option. grave concern over such a recommendation. He equated such recommendation amounting to call- Yours sincerely, ing for appointing a country specific rapporteur for Malaysia and expressed how bad it would be for Malaysia. I recall that the same evening when Raja

Aliran Monthly 20(4) Page 27 Continued from page 18 tions against the above media, Pak Lah would have had a wide there is no denying that from a smile on his face, watching the that the webmasters feel they have political angle it is a move to re- websites being “closed” without a right to criticise the party. strict the dissemination of infor- him having to put in the hard mation to the people. work of hatching a new plot. And, as a party that is not ala- UMNO, there is no harm in the The BN government doesn’t want Nonetheless, it is not fair for us to KeADILan leaders paying serious its attempts to dupe the people to take sides in a disagreement be- attention to the issue. be sabotaged by such critical me- tween two parties which are fight- dia. That is quite clear. Even the ing against tyranny. The role of the party in moulding school children know it. the scenario of political reform in However, as the defenders of jus- Malaysia is well acknowledged. It is no longer a secret that after tice, we have the right to ask if the KeADILan has been an alternative the BN’s success is weakening action to close the access to the reservoir of effective resistance in the pro-BA media, their next tar- websites is the best method to Malaysian politics even at its get would be the websites which press a demand. What is more young age. are “un-utusanist”. worrying, this method may present an opportunity for the en- New opposition parties with al- Anyone can guess that it is BN’s emies of reformasi to disrupt the ternative ideologies usually die a agenda to use every available movement. quick death or become split after means to ensure that the pro- their establishment. KeADILan reformasi websites can no longer Although the webmasters feel has defied this trend. Together operate. Actions taken to close they have their own justifications with its compatriots in BA, it had newspapers and to prevent the for launching this campaign, the rended the arrogance of the people from thinking are cruel and concern is that the people may Barisan Nasional at the general tyrannical. interpret the incident from a dif- elections last November. ferent perspective. But it is appropriate for BN, in We hope that the maturity of the consonance with its tyrannical The people have left UMNO in KeADILan leaders will open the character. For that ruling party, throngs because they were nau- hearts of the webmasters. tyranny has to be instituted in ear- seated by the internal splits in the nest. The Indonesian Golkar un- party. To be sure, the people do not The authorities don’t want to see der the leadership of Suharto did want the UMNO culture to breed any media that does not extoll Dr the same. within the struggle to edge out Mahathir operate in this country. UMNO. The question is: should the pro- In accordance with this policy, the reformasi webmasters take the The final outcome of this action - BN government, through the same kind of action even when if it is prolonged - is the closing of Home Ministry, has taken action their intentions are different? one more alternative channel for against alternative media such as the people to obtain information. Harakah, Detik and Eksklusif. The action of the webmasters in At a time when government re- Harakah has not been permitted to denying access to their website, strictions on the media are in- publish twice a week, Detik is even though temporary, is a move creasingly severe, this action will banned outright, while the fate of that can be seen as closing a chan- only make the situation worse. Eksklusif is like that of “Pak Kadok nel of alternative information for kalah bersabung” - any victory is the people. At a time when the alternative illusory. media which dare to publish the At the same time, it can be re- face of Menteri Besar, Whatever excuses the Home Min- garded as supporting the oppres- Datuk Nik Abdul Aziz Nik Mat istry might have given for its ac- sive action of the BN. Definitely, and KeADILan President, Dr Wan

Aliran Monthly 20(4) Page 28 Azizah Wan Ismail are being sup- pressed and intimidated, the websites should serve as an alter- Press Freedom In Malaysia native medium. The Malaysian Bar is con- change to our way of life or In sum, the campaign to with- cerned that the application for sense of responsibility. draw into silent reflection can be renewal of the permit for pub- considered as being analogous lication of the weekly tabloid Furthermore, the Malaysian with the government’s policy to “Eksklusif” has not received Bar believes that, in general, muzzle the press. a response from the Ministry the Press in Malaysia has de- of Home Affairs. veloped maturity, good judg- Hence, we hope the this issue will ment and ability to act in the be resolved as soon as possible. The Printing Presses and Pub- wider interests of the whole The failure to handle the issue lications Act 1984 empowers country. Several journalists in properly will have negative con- the Minister of Home Affairs this country stand at par with sequences for the people in gen- in his absolute discretion to the best in the world. eral. The people support grant to any person a permit KeADILan. The people need the to print and publish a news- The Malaysian Government, websites. paper in Malaysia. The maxi- as a responsible and respon- mum period for which a per- sive government, on its part, We support and value the role of mit is granted under the Act is should be proud of its role in the webmasters in igniting the 12 months. Any decision of the developing the country and spirit of reformasi. However, we Minister to refuse to grant or enlarging the role of the Press also appeal to them to rethink the to suspend a permit shall be and so should take the lead in effect of their action on the strug- final and shall not be called demolishing the existing gle to fight for reform, especially in question by any court on monoliths of our colonial past on the eve of the Telok Kemang by- any ground whatsoever. Un- that hamper the development election. q der the Act no person shall be of a knowledgeable, modern, given an opportunity to be responsible citizenry. heard with regard to his ap- plication for a permit. The Malaysian Bar urges the This is the translation of an Government to repeal and or article by ZUNAR, posted Whatever may have been the make appropriate amend- in the May 27-28 edition of wisdom behind such unpar- ments to the Printing Presses . alleled legislative provisions and Publications Act 1984 in the past, it cannot be justi- consistent with its policy on ZUNAR is a cartoonist for fied in the current environ- use of multimedia and the Harakah who had previ- ment in which the Govern- Internet. In the interim, the ously worked for the hu- ment is encouraging the de- Malaysian Bar calls upon the mour magazine Gila-Gila velopment of the Multime- Minister of Home Affairs to and the newspaper Berita dia Super Corridor in which adopt a more liberal and toler- Harian. He has been ar- it is virtually impossible to ant approach in the statutory rested a few times and is impose censorship. A wide exercise of his discretion in the currently being charged range of information is al- granting of licences and per- with participation in a pro- ready readily available on mits. reformasi gathering. the Internet and it is a credit Through his works, read- to the mature development of HAJI SULAIMAN ABDULLAH ers were “entertained” by the Malaysian Government Presiden his criticisms of UMNO and public that this has not Badan Peguam Malaysia and government leaders. resulted in any adverse Dated: 10 May 2000

Aliran Monthly 20(4) Page 29 friend who was not directly in- volved in vehicle repairs.

During the 1960s and 1970s, the place was a hive of activity. The workshops were involved in trac- tor repairs, car, lorry and bus re- pairs, and even electroplating and tyre mould-making.

My father’s guiding principle was friendship before profits. He would rather have happy people around him than to maximise re- turns. There were no rules but a lot of give and take on the use of common areas. When the son of the electrician decided to take up Letters should preferably be no more than 250 words and must his offer and there was no vacant include the writer's name and address. Shorter letters will be lot, he provided a cubicle within preferred and pseudonyms may be used. Letters should be his own workshop for him to store addressed to The Editor, ALIRAN MONTHLY, P.O. Box 1049, 10830 batteries and tools. When a panel- Penang, Malaysia or e-mail to : [email protected]. Views beater wanted one lot, he created expressed need not necessarily reflect those of Aliran. one between two rows to accom- modate him. In 1985, a lot of 18' x Landlord’s 30' was rented at only RM150 per Point Of View month! This was less than a third the market rate in that area and In any tussle between landlords later proved to be a big mistake. and tenants, landlords are inevi- tably generalised as rich, greedy As a teenager, I used to listen to and heartless while tenants are some of the tenants commenting poor with nowhere to move to. that since we had been so nice to them, any time we wanted the Just to dispel the myth, I wish to land back, they would readily give relate my own personal experi- up their tenancy. My father died ence. My father bought a piece of in 1982. In 1985 when we gave our land of about two acres in Kuala tenants 6 months’ notice to vacate, Lumpur just after the Second 11 out of 14 tenants decided to World War. Being a mechanic, his challenge us in court. The first vision was to have a one-stop good friends - a car upholsterer, a hearing was one year later. We workshop with panel-beaters, panel-beater cum spray-painter won the case at the Magistrate spray-painters, mechanics, elec- and an electrician to move in. To Court, , and finally tricians and so on. He built his his disappointment, only the Supreme Court in 1990. Finan- own house and started building panel-beater took up the offer. A cially, it was not worthwhile as some temporary workshop tractor-repairer, after much plead- eight judgment debtors would premises in the 1950s (not under ing and promises of not damag- rather be declared bankrupts than Rent Control) to let out. Over the ing the untarred road, rented one pay judgment debts ranging from years, more were added. He even of the three houses and a row of RM20,000 to RM160,000. built three detached houses at the workshop units. The remaining far end of the land to entice his house was rented to a really good The moral of the story is that we,

Aliran Monthly 20(4) Page 30 as landlords, could be victims federal constitution into the Klang Passing Of under the circumstances. By River! Religion or politics, the A Great Malaysian charging below market rentals choice is an individual’s sacred and expecting the tenants to hon- right of preference. The constitu- The passing of Reverend Brother our their verbal agreement to tion must not be the tool of any Ultan Paul Rosario, former princi- move out when required, we were partisan group but a sacred tool pal of Ipoh’s famous St Michael’s actually making it easy for them of defense for humanity. Institution (SMI) is a great loss to to challenge our eviction notices. Malaysia. Firm yet gentle, ever The penalty, if they lost the case, Mistaken Conversion humble and caring, Rosario exem- was only double the rental which plified the religious ideal of “Love was still below the market rates Betrayal Of in Action”. Through his nurtur- then. Furthermore, while the case Democracy ing of students and his commit- was pending, no rentals could be ment to helping those who helped collected as that would waive our Many Malaysians are shocked themselves as well as those who right to evict them. that the BN has openly accepted did not have much income, he the five PBS state assemblymen brought up many successful So before we pass judgement in who have defected without any Malaysians. If teaching is the most any tussle between landlords and apparent sense of shame. Even noble profession, Rosario was the tenants, should not discount the more shocking was the statement ideal teacher. Malaysia has lost a possibility that some people may by the BN President, that he was true son whose love knew no play up the issue to serve their happy as it showed more are be- boundaries. own purpose. ginning to accept the BN’s strug- gles. This is not why the people John Lee Once bitten voted for the five PBS representa- Melayu Baru tives. Indeed, the people of Sabah Apostasy Law had voted for a strong opposition I have just read about the Melayu The new apostasy law that is be- in Sabah because they valued de- Baru who are learned and coura- ing written will only raise Malay- mocracy. This act of betrayal by geous in facing challenges. sia’s name in the list of the infa- both the defectors and the BN is mous in human rights issues. The disgraceful. I think they should first earn their federal constitution provides for self-respect by dropping all the freedom of choice and no religion It is sickening to hear BN leaders handouts they receive from the or religious body has the right to preaching democracy when they government. If not, one will al- abrogate this right of freedom. In are openly undemocratic. If the BN ways wonder if they really came fact, I cannot see why a disgrun- leadership wants to practise what up the hard way through their tled or unhappy non-believer of they have been preaching all this own sweat and tears. any faith should be prevented while, then they should hold new from finding his or her religious Sabah state elections right now to No one should expect preference satisfaction elsewhere. It seems a see if the people really accept what in the allocation of matriculation shame and an unholy attitude to has taken place. Since party-hop- and university places, scholar- restrict or immorally confine a dis- ping has become a norm in ‘demo- ships, promotions and discounts sident of any religion. There can cratic’ Malaysia, maybe we can for properties, and still expect to only be worse things that can re- look forward to MCA, MIC and be called courageous. sult from unjustly confining a Gerakan state assembly members disavowed follower of a religion. and parliamentarians hopping The real Melayu Baru must throw This is the way of the cult prac- over to the DAP or keADILan be- off this dependency syndrome tices, as can be seen happening in cause being a vocal opposition and strive harder just like every- America! Any convert should be politician is far better than being one else. After all, the opportuni- allowed to rescind his/her deci- a government stooge. ties are the same for everybody. sion of being a convert or believer, otherwise we can just throw the Just A Malaysian. Mohan

Aliran Monthly 20(4) Page 31 INDIGENOUS RIGHTS Indigenous Rights Not Recognised

There was no clarification or explanation to address the doubts of natives in

t is most distressing and nities’ territory), pulau galau (com- is merely a record with no conclu- II disappointing that the munal forest) and penurip (Penan sive prove of ownership to the III proposed Land Code customary forest area for hunting- land. It would, therefore, not be (Amendment) Bill 2000 gathering purposes) or Jelajah Asal useful for any transfer, transmis- has been passed on 9 May by the for the Kenyah and Kayan. All sion, acquisition or inheritance; Dewan Undangan Negeri these lands are essential to the neither would it be useful in get- Sarawak in such haste. There was indigenous communities in main- ting a bank loan. no clarification or explanation to taining their traditional way of address the doubts of natives in life. The restricted claim includes We, the undersigned NGOs Sarawak as to the protection and only the temuda such as farm land, would like to call for a review of preservation of their customary burial grounds and shrines. In the amendment, to give time for rights over their ancestral land. this sense, the amendment denies consultation with the indigenous the right of the Indigenous people communities, and to commission Contrary to their wishes and as- to practise their culture. further study of the NCR land is- piration, the Land Code (Amend- sue. We would like the issue to be ment) Bill further restricts the in- Such an amendment has been per- kept open for more public discus- digenous communities’ claims for ceived as making it easier to bull- sion. A sincere recognition of na- native customary rights over their doze a top-down approach to de- tive customary land rights would land and enables the state govern- velopment. It makes it easier to have to incorporate the natives’ ment to extinguish such custom- centralise power so that the leader claims into the Register kept in the ary rights with greater ease. can implement his own single- Land Office, with the rightful land- minded vision of development owners given title documents Before the amendment, the Indig- instead of allowing for the decen- with land tenure in perpetuity. enous communities could claim tralisation of power so that devel- and prove their rights in accord- opment policy-making can be Endorsed by : ance with the provisions of the more dynamic and relevant to the • BRIMAS ( Borneo Resource Institute, Land Code and the adat (custom- people’s needs. Such centralisa- Malaysia-Miri) • COMCIS ( Sarawak ary laws and practice). tion of power would lead to a Community Co-operation Institute) • monoculture, a homogenous way IDEAL (Integrated Development for With the amendment, the native of life. The rich cultural diversity Ecofriendly and Appropriate Lifestyle-Sibu) • IPDC (Indigenous People Development rights over land are restricted to of the nation will be lost as a re- Centre-Belaga) • SACCESS (Sarawakians the description contained in the sult of the denial of indigenous Access-) • SAM (Sahabat Alam new bill - which in actual sense is people’s rights. Malaysia - Marudi Office) a denial of the full essence of the adat. The new bill deleted the Further, in the amendment, the Signed on behalf of the above or- clause of 5(2)(f) ‘any other lawful Register of native rights is a sepa- ganisations: methods’ in claiming Native Cus- rate register from the Register kept tomary Right (NCR) land. This in the Land Office. It is unlikely Johny Kieh would not allow them to claim that a title recorded in the Regis- Wong Meng Chuo rights over the menoa (Iban term ter of native rights would have for ancestral domains or commu- any value because the registration Date: 24/05/2000

Aliran Monthly 20(4) Page 32 Justice Is Not About Technicalities And Bureaucracy

Aliran is distressed that an elec- tion petition was dismissed on the grounds that the petition was im- properly filed.

The election petition became a nullity in the opinion of the court because the petitioner “had failed to hand in two copies of the peti- tion to the court for retention.” This, it appears, had resulted in the third respondent in the suit A record of Aliran'sAliran'sAliran's stand on current affairs. not being served the petition as required by law. Detik Magazine bent on carrying on with the same Banned: repressive measures. This terrible turn of events raises Abuse of Power the all-important question of what A very important principle has justice is about and how it should Aliran condemns the Home been blatantly violated: the free- be served. Ministry for not granting a fresh dom of the press. It is distress- licence for the bimonthly Detik ing and depressing to learn that Must justice depend solely upon upon expiry of its previous an- the National Union of Journal- technicalities and bureaucracy nual licence. This is an absolute ists has no comment to make on before it can be addressed? abuse of authority by the Home this very important issue. One Should failure to observe certain Affairs Ministry. It reflects an would have thought that they formalities ultimately result in the arrogance of power that does would have been in the forefront denial of justice? not respect the democratic rights to challenge and condemn this of citizens. abuse in upholding the freedom What about the issue of justice it- of the press. self when a grievous wrong has Such insolent behaviour must be been committed? Should a litigant roundly condemned. In any civil The granting of licence must not who is a victim of gross injustice society, the exercise of authority be used as a political weapon to be denied his just dues simply be- should be grounded in legitimate, punish those who do not toe the cause his lawyer had inadvert- logical reasons. In refusing the li- government line. It is reprehensi- ently failed to observe certain bu- cence for Detik, no reason was ble that the Ministry has turned reaucratic requirements? given; no explanation was pro- out to be a convenient tool to serve vided as though the Home Affairs vested interests. Only recently, Doesn’t the court have its inher- Ministry is not accountable to the opposition tabloid Harakah had its ent right to rectify a technical public. frequency slashed by 75 per cent shortcoming? Was the technical from twice a week to every fort- violation in this instance so fatal When Abdullah Badawi became night. Now, another brave maga- to the suit that it could not be rec- the Home Minister, many zine, Detik, has been killed. Who tified without sacrificing justice? Malaysians felt that under his ten- will be next? ure, the Ministry would become Thinking Malaysians would more tolerant and liberal. But they P Ramakrishnan want to know whether it is within were sadly mistaken. Old habits President the powers of the court to post- die hard and Abdullah appears 28 March 2000 pone the suit, order the petitioner

Aliran Monthly 20(4) Page 33 to submit the additional copy of Appointing only three women out Aliran reiterates that the right to the petition to the court registry, of 15 commissioners only reflects assemble peacefully is a univer- and fix a new date for hearing the the sad reality of our male domi- sal right enshrined in the Univer- petition. nated society. Being the more vul- sal Declaration of Human Rights nerable members of our society, and other United Nations treaties. Wouldn’t this course of action women fall easy prey to abuse and By arresting the keADILan offi- have been more in keeping with exploitation. One would have cials, the Malaysian government the inviolable principles of natu- thought that they deserve better is once again demonstrating that ral justice, which is sacrosanct to representation. But that’s not sur- it will go to any lengths to stifle all our spiritual traditions? Surely prising because we are always tall dissent and crush opposing this would not have given the liti- on rhetoric and short on practice. views. It is probably hoping that gant the feeling that the rug was the arrests today will dissuade being pulled from under his feet. We are also disappointed that people from turning up at the It would have enhanced the pres- activists who have been in- gathering tomorrow. tige of the court and instilled con- volved in highlighting squat- fidence in our system of justice. ters’ problems, encroachment We would also like to warn about into customary indigenous the possible presence of agent pro- P Ramakrishnan land, the woes of exploited plan- vocateurs at tomorrow’s planned President tation communities and migrant gathering. If experience is any 30 March 2000 workers, and the needs of the guide, such provocateurs will be disabled have not been included out to trigger violence or resort to Comments On The in the commission. acts of vandalism to tarnish the image of peaceful demonstrators. Appointment Of The P. Ramakrishnan This is a standard and shameful Malaysian Human President tactic often used in many coun- Rights Commission 4 April 2000 tries to disrupt peaceful demon- strations and provide a pretext for It is an impressive array of names Authorities police to move in and resort to but thinking Malaysians would Determined To high-handed methods to disperse be wondering what their creden- Make It A Black 14 demonstrators. tials are in the field of human rights. It looks like the authorities are re- Aliran calls for the immediate re- ally determined to make today a lease of all those arrested in con- There are many eminent and Black 14. The arrest this morning nection with tomorrow’s planned prominent individuals in this of Roslan Kassim from keADILan gathering. We also call on the country who have contributed tre- is deplorable. Roslan has been re- Malaysian Human Rights Com- mendously in the struggle for hu- manded for seven days. Another mission to hold an emergency man rights, who are recognised keADILan politician, Youth chief meeting and to censure the gov- and respected nationally and in- Mohd Ezam has been detained ernment for its authoritarian ac- ternationally for their efforts in while Exco member tions. It will be a real test as to how this field. Unfortunately, they are Gobalakrishnan is also believed independent and credible the new not on this list. to have been detained. Police are Commission is. If it does not act believed to be looking for four swiftly, the Commission will only NGOs that have monitored and other keADILan officials. be confirming the widespread reported human rights abuses for scepticism about its ability to years and have made it their busi- The arrests appear to be a pre- stand up against human rights ness to be the watchdogs of hu- emptive strike against those in- violations. One hopes it will rise man rights are conspicuously ab- volved in the preparations for to- to the occasion and prove the cyn- sent from the list. One would have morrow’s gathering (dubbed ics wrong. thought that they would have Black 14) to mark the first anni- been the natural choice for con- versary of Anwar’s conviction on Aliran Executive Committee sideration and inclusion. 14 April 1999. 14 April 2000

Aliran Monthly 20(4) Page 34 JUSTICE IN JEOPARDY Continued from page 40 report of the mission on behalf of should not be threatened or After reviewing the recent spate the International Bar Association, diminished. of contempt cases against mem- The ICJ Center For The Independ- bers of the Bar, including those ence Of Judges And Lawyers, The (ii) The Executive should recog- concerning past office bearers of Commonwealth Lawyers’ Asso- nize and respect the role of the the Bar, the mission concludes : ciation and The Union Bar Council and its right to Internationale Des Avocats is fulfill its objectives, which “The Zainur Zakaria case has posted at HYPERLINK http:// right is guaranteed not only troubled lawyers greatly. It is no www:ibanet. org/misc/pressrel.asp under Section 42 of the LPA one’s case that Mr. Zakaria did not but also by Article 24 of the act bona fide. This was not a case The mission comprised two UN Basic Principles on the of willful contempt. Nor does it judges, one from the Court of Ses- Role of Lawyers; become one simply because he re- sions (Supreme Court) of Scotland fused to apologise for the bona fide and the other from the Supreme (iii) The Bar Council should be reason of not wanting to jeopard- Court of Zimbabwe and a Senior allowed to render its services ize his client’s interest to save Advocate of the Supreme Court of freely and without fear or fa- himself. Therefore, quite apart India. Their individual distinc- vour so as to enable it to fulfill from the intricacies of the law of tion and reputation and their in- its statutory role, which in- contempt, the decision puts law- tellectual background of being cludes the right to provide yers in a professional dilemma. If steeped in the common law is sig- constructive criticism of Gov- they are to defend their client’s nificant. Any report of an inter- ernment action and to make interest without ‘fear or favour’, national mission of such stand- such views public; and feel that they have enough ing must be taken seriously, espe- material to make good an appli- cially since it met representatives (iv) Regular meetings should cation, plead, or argument, should of the Executive, the Judiciary, the take place between the Execu- they refrain from doing so for fear Legislature, the Bar and non-gov- tive and the Bar Council to that a judge may find a discrep- ernment organizations, during its discuss matters of mutual in- ancy in the argument or an insuf- fact finding visit to Malaysia. terest and concern. ficiency in the evidence ? The de- cision was ultimately for the A. Relationship B. Relationship judge. If lawyers, as a profes- Between the Bar between the Bar sion, feel that the bona fide dis- and the Executive and the Judiciary charge of their duty would result in action and imprisonment for The report traces this relationship The mission accepts the popular contempt, they would be justified from the Bar’s protest in 1977 view that the Bar’s relationship in seeking a change in the law of against the ESCAR Regulations with the Judiciary became “ex- contempt.” which resulted in sweeping tremely strained” after the Bar amendments to the Legal Profession passed a vote of no confidence The mission did not accept the Act, 1976 (“the LPA”), including and refused to have any social view expressed by some of the sen- the 1/5 quorum rule, to the Attor- dealings with Tun Hamid Omar ior judges whom the mission met ney General’s threat in 1996 to upon his acceptance of the office that contempt power was neces- reform the legal profession by di- of the Lord President in August sary to fill a gap which they saw luting the power of the Bar Coun- 1988 in the aftermath of the sus- in the procedures designed to cil. pension of six Supreme Court maintain the professional stand- judges and the subsequent re- ards of younger lawyers who ap- Among the mission’s recommen- moval of three of them, including pear in Court. Further, the report dations on the Bar’s relationship Tun , the then Lord observed that unprofessional con- with the Executive are that :- President. According to the report duct should, save in very excep- “what has now emerged is a situa- tional circumstances, be dealt with (i) The independence and au- tion which engenders distrust and by professional bodies, like the tonomy of the Bar Council hostility.” Disciplinary Board.

Aliran Monthly 20(4) Page 35 The report found the determina- raised in Malaysia and by the In- (i) Regular meetings between the tion of the Court of Appeal that ternational Community are fully Bar Council and the senior ju- Lim Guan Eng’s remarks con- justified”. Among the points diciary; trasting the treatment meted to a which raise legitimate concerns minor to that enjoyed by a former were :- (ii) Judges should act with great Chief Minister of Malacca as be- forbearance and restraint in ing critical of the Judiciary “diffi- (i) the appointment as trial judge the use and threatened use of cult to understand. Whatever the of the most junior judge in the contempt power in respect of appellant did in making the Criminal Division of the High lawyers who are acting in speech he made, he was not at- Court over more senior col- their professional capacity; tacking the judiciary”. The report leagues; further observed : “With regard (iii) At all times, members of the to the sentence imposed by the (ii) the judges’ decisions on impor- Bar should act with due re- Court of Appeal, frankly, we were tant points of dispute arising gard, not just to the letter but dismayed. Having regard to all in the course of the trial, in- also in the spirit, of the re- the circumstances of the case, it is cluding :- quirements of the professional difficult to see how they could practice and conduct in Court possibly be justified.” (a) the amendment of the charges laid down in the LPA and the at the end of the prosecution’s 1978 Etiquette Rules; The mission was critical of the case; injunction granted against the (iv) The Bar Council should be Malaysian Bar from holding an (b) the expunging of evidence af- granted watching brief status EGM in October 1999 to debate ter they were tendered at trial; in court proceedings, if it so a motion criticising the state of requests; the administration of justice, (c) the decision to determine the and saw it as another example relevance of defence witneses (v) Courts should not allow of the apparent willingness of before they were allowed to tes- claims for or awards of dam- some members of the judiciary tify, and following that deci- ages in defamation cases to be to try to stifle public comments sion, the determination that in of such magnitude as to be a on the justice system. The Re- every case, a witness whom the means of stifling free speech port was also concerned about defence wished to call was not and expression; the prior restraint of such a allowed to take the stand; meeting because statements (vi) Non-government organiza- made thereat at may constitute (d) the judge’s use and threatened tions should be able to carry contempt of court. use of his contempt powers out non-violent activities against the defence lawyers; freely without harassment As one would expect, the Report and be able to exercise their found it impossible not to give (e) the outspoken public com- constitutional right to free- some expression of their views on ments by the Prime Minister on dom of expression; and the Anwar Ibrahim trial. Accord- the merits of the case before ing to the mission members “the and during the trial, which (vii)A mechanism for mediation of concerns have come not just from were widely reported in the differences between lawyers the defence lawyers in the trial but mass media and the judge’s and the judiciary be available, from every practicing lawyer that failure to react to them; and and the four organizations the mission spoke to and from involved in this report have passing discussion with members (f) the judge’s decisions in rela- volunteered to assist in ar- of the public. There has also been tion to sentence. ranging suitable mediations. concern expressed by others round the world.” Among the recommendations that C. The Role of the the mission makes to repair the re- Legislative Power After full and detailed considera- lationship between the twin pil- tion of the case and its surround- lars of the administration of jus- The mission observed that Malay- ing circumstances, the mission tice, that is, the Bench and the Bar sia, as a member of the United was of the view “that the concerns are :- Nations, is obliged to uphold the

Aliran Monthly 20(4) Page 36 principles of the Universal Decla- as the norm of government.” judiciary is public confidence. ration of Human Rights, 1948 Public confidence was seriously under which everyone has the Not surprisingly, the report there- eroded by the conduct of the judi- right to life, liberty and security fore calls for the repeal of the In- ciary, particularly in the spate of of person, equality before the law ternal Security Act, 1960 and a raft controversial cases that were ear- without discrimination and to a of other repressive statutes. They lier mentioned; the mission’s re- fair and public trial. Malaysia’s note that although the Malaysian port vindicates the public disbe- failure to accede to the main inter- Constitution guarantees impor- lief in these decisions. The latest national human rights treaties tant rights, these rights are often episode concerning the allegation that codify and elaborate on deprived of their meaning and that a Malaysian Judge plagia- rights in the Universal Declara- force by legislation, many of rized the judgment of a Singapore tion is regretted. which also deny judicial review Judge is not a step in the right di- of executive action; a body of re- rection. If the judges wish to re- The mission remarks that the in- strictive legislation thus exists in gain public confidence they have dependent observer, thus, cannot Malaysia that requires major to properly carry out their consti- but be struck by certain provisions change if the nation “is to be ruled tutional duties; nothing short of within Malaysian legislation that in accordance with a just rule and that will do. are essentially restrictive and well law.” The mission is of the view outside the ambit of international that so long as this legislative Aliran is impressed by the re- standards, and in a damning con- framework remains unchanged, port, which is well-considered clusion states :- proposals to improve the posi- and well-reasoned, written in tions of the judiciary and the le- sober and non-emotive lan- “….. we think needlessly repres- gal profession can be no more guage, arriving at well-balanced sive legislation that has impacted than palliative. “This does not conclusions with moderate, rea- crushingly upon the agencies of mean that the judiciary should sonable and attainable recom- the law – the judiciary, the legal continue to act as it does now. The mendations. profession and the police. The judiciary also has an important true spirit of justice under the law role to play in softening the effect Aliran calls on all parties in- has been weakened. In such a cli- of the laws through interpretation volved in the administration of mate authoritarian personalities and application of the principles justice to do every thing to im- flourish; libertarians are frus- of justice and equity. We urge the plement its recommendations. trated, practitioners are reduced judges to have the courage to rise Aliran also calls upon the execu- to increasingly frenzied posturing; up to this challenge. Otherwise, tive and judicial branches of and the police wield extensive judges will continue to be consid- government to join the and largely unchecked powers ered as a tool to quell political dis- Malaysian Bar to move forward that, in Lord Acton’s famous sent and free expression.” into the new Millennium with words, ‘tends to corrupt’.” (Our the objective of creating a truly emphasis) The Judiciary has a central role as just rule of law for every the third branch of Government Malaysian, so that the solemn The mission saw no objective need in the separation of powers that promises made to posterity by for the continuation of the State of characterizes our system of Par- the First Prime Minister, Tunku Emergency imposed after the out- liamentary Democracy. This role Abdul Raman on Merdeka Day, break of the May 1969 riots. In the is enhanced in our system where 31st August 1957 that Malaysia words of the report :- the Federal Constitution is the will forever be a democratic state supreme law of the land and “founded upon the principles “The continuation of the Emer- where judges are not only the ul- of liberty and justice” and gency Ordinary after the need for timate arbiters in disputes be- that the Federal Constitution is it had passed can have an in- tween the State and an individual adopted to safeguard “the fun- sidiously brutalising effect upon and between individuals but also damental rights and liberties of the administration of justice in entrusted to determine the consti- the people” will not be pious any country. We suggest that the tutionality of executive and legis- hopes but a reality. Implemen- Malaysian malaise may be due in lative action. tation of the recommendations no small measure to the gradual of the mission’s report will go a acceptance of a state of emergency What ultimately underpins the long way to achieving this.q

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Aliran Monthly 20(4) Page 39 JUSTICE

Justice In Jeopardy : Malaysia 2000

by Special Correspondent

ome informed observers memorandum about the Judiciary; judiciary has received much nega- of the Malaysian Judici- the investigations by the Attor- tive comment in the last four or SSS ary expected things to ney General resulted in nothing five years. It even became an im- improve upon the ap- more than that judge’s resigna- portant issue in last year’s Gen- pointment of Tun in tion. Poison letters continue to cir- eral Elections, with the opposition August 1994 as Chief Justice in culate widely. Another judge parties criticizing its conduct place of Tun Hamid Omar. The (Visu Sinathurai) resigned rather while the Prime Minister, on be- unconstitutional sitting of the that being transferred to Tawau. half of Barisan Nasional, strongly Federal Court in August 1995 in Photographs showing the fami- defending its independence and the notorious Ayer Molek Case lies of lawyer V.K. Lingam holi- impartiality. The Malaysian Bar disappointed these observers and daying with the family of the for its part had, from time to time, it seemed as if things had really Chief Justice in New Zealand and in this period publicly criticized not changed. A string of contro- the family of the Attorney General the Judiciary and had also passed versial cases followed : the con- in Italy were posted on the resolutions on the performance of tempt case against Wee Choo Internet:http://www.malaysia the Bench, which in turn resulted Keong; the prosecution and the kini.com/archives_news/2000/may/ in individual lawyers being cited subsequent dropping of charges may30/news2.htm. (“I'm not in the for contempt or having their cases against Rahim Thamby Chik; the position to say whether I approve struck out because of the one-inch defamation cases against Param or not, but certainly, such social- margin rule and the like. Cumaraswamy, Raphael Pura, ising is not consistent with the Tommy Thomas and Skrine & Co., proper handling or behaviour of It was against this background the sedition prosecution against a judicial personality”, said Datuk that four well known and well re- Lim Guan Eng & Irene Fernandez; Dr Rais Yatim, Minister in the spected International Organiza- the trials of Anwar Ibrahim, the Prime Minister's Department.) Al- tions for lawyers appointed a mis- contempt cases against Zainur legations that Lingam wrote parts sion which visited Malaysia in Zakaria, Tommy Thomas, Manjit of the judgment for a judge April 1999 and issued a report Singh and the prosecution of (Mokhtar Sidin) were pleaded by entitled “Justice in Jeopardy : Ma- Karpal Singh. Raphael Pura in his defamation laysia 2000” in April 2000. The case. At the same time a High Court judge (Aidit) wrote a scathing It is therefore no surprise that the Continued on page 35

Aliran Monthly 20(4) Page 40