MONTHLY Election Courts UNJUST

Aliran Monthly : Vol.33(5) Page 1 For Justice, Freedom & Solidarity PP3739/12/2012(031205) ISSN 0127 - 5127 RM4.00 2013:Vol.33No.5 COVER STORY Election Courts are worse than the Election Commission! Justice is not served when petitions are dismissed on technical grounds. by P Ramakrishnan

es, the Election Courts YY are worse than the Elec- YYY tion Commission! The recent disappointing decisions of the Election Courts have proved that there is no hope for parliamentary democracy even in the judiciary.

If the Barisan Nasional is a great let-down for democracy, the Elec- tion Commission is an even greater let-down for the electoral process. But shockingly, the Elec- tion Courts comparatively are far People lining up for post-election payouts off Jalan Sungai Dua (below) worse in that they cannot dis- and in Pulau Betong (above) in Penang. pense justice to the aggrieved party even if there was a glaring injustice.

It is clear as daylight that the BN abused the electoral process by openly bribing voters through its many projects launched especially during the period leading up to the GE 13 (including the campaign period itself) by dish- ing out goodies and cash induce- ments to win over the voters. Bil- lions of ringgit in cash or projects were dispensed freely giving an unfair disadvantage to the Oppo-

Aliran Monthly : Vol.33(5) Page 2 EDITOR'S NOTE

In our cover story, P Ramakrishnan says that Elec- tion Courts are worse than the Election Commis- CONTENTS sion – they are not serving the cause of justice when petitions are dismissed on technical grounds. Charles Hector finds these case dismissals shock- COVER STORY ••• Election Courts Are Worse Than ing – if cases are struck out on technicalities, then it •• Election Courts Are Worse Than The Election Commission! 222 just creates disaffection amongst those seeking jus- ••• Shocking Dismissals Of Election tice, he says. PetitionsPetitionsPetitions 666

Victims of domestic violence are also crying out for FEATURES justice and protection from further violence. Must ••• Protection From Domestic Violence: they wait for someone to be beaten to death or set on When Will It Be Taken Seriously? 999 fire before action is taken, asks Prema Devaraj. They ••• A Perverse Understanding Of Human Rights 121212 are not the only ones. Migrant workers too are often ••• What Holy Month? 141414 denied justice when they complain about their work- ••• Once We Were Beautiful 161616 ing conditions. Rani Rasiah looks at how one em- ••• Shocker In Court: Evidence With ployer presented evidence with ‘blanko’ at a Labour ‘Blanco’‘Blanco’‘Blanco’ 181818 Department hearing! ••• TPPA: No Use Crying Over Spilt Milk!Milk!Milk! 262626 The issue of trade justice looms large as negotia- ••• Coups And Junta Rule Must Be tions for the Trans Pacific Partnership Agreement Condemned 282828 ••• Burma: Lest We Don't See, draw to a close. Ordinary Malaysians should take A Genocide Is In The Making 303030 the TPPA seriously as it appears to be heavily ••• Have You Signed Up For Our weighted in favour of multinational corporations. New E-Newsletter? 383838 Jeyakumar Devaraj analyses what’s at stake. At the ••• Jangan Pinda Undang-Undang international level, the coups and junta rule in Egypt Sesuka Hati! 404040 must be condemned, says Tommy Thomas. Bonojit Hussain looks at another nation under military rule REGULARS ••• Current Concerns 353535 – Burma – and says it is time for the country’s pro- democracy movement to speak out against targeted OTHERSOTHERSOTHERS attacks on Muslims there. ••• Ismail Hashim 191919 ••• When Questioning Becomes Finally, Francis Loh notes that Mahathir’s advice A CrimeCrimeA 252525 that laws should not be easily amended sounds a bit rich coming from someone with his undemocratic track record. Published by Persatuan Aliran Kesedaran Negara (ALIRAN)(ALIRAN)(ALIRAN) Aliran is an organisation for ‘social democratic 103, Medan Penaga, 11600 Jelutong, reform’. We advocate freedom, justice and Penang, Malaysia. solidarity; comment critically on social issues, offer analysis and alternative ideas keeping in mind Tel: (04) 658 5251 Fax: (04) 658 5197 the national and global picture based on universal Email: [email protected] human rights and spiritual values. We are listed Please indicate if it is a letter to the editor on the on the roster of the Economic and Social Council of the United Nations. Founded in 1977, Aliran Homepage : http://www.aliran.com welcomes all Malaysians above 21 to be members. Contact the Hon. Secretary or visit our webpage. Printed by Konway Industries Sdn. Bhd. Plot 78, Lebuhraya Kampung Jawa, 11900 Bayan Lepas, Penang

Aliran Monthly : Vol.33(5) Page 3 candidates and supporters filed petitions in the specially set up Election Courts seeking the courts’ assistance for justice. In an environment where everything is stacked against the ordinary citi- zens, courts are looked upon as dispensers of justice, the only hope for some remedy.

However, this hope was so cru- elly dashed.

These litigants went to court fully believing that there were triable issues involved for the courts to take a serious look into the matter. sition who were cash-strapped. The Election Commission, tasked But their petitions were dismissed with the duty to conduct free and - by what the lay person may per- Electoral process fair elections, did not live up to ceive to be on flimsy procedural perverted that responsibility. It failed to grounds. maintain a clean and honest elec- Voters were given bonus slips toral roll to ensure fairness in the Petitions dismissed on with the promise of cash pay- voting process. The indelible ink technical grounds ments if their respective BN can- that was meant to be used to pre- didates were elected. In this man- vent fraudulent voting turned out They were dismissed because they ner, those aligned with the BN to be a farce and a fiasco, thanks had failed to comply with several perverted the electoral process. to the EC. regulations in accordance with And there was evidence that this Rule 9 of the Election Petition was so because the Aliran team The EC never commented on the Rules 1954 and for failing to sat- has evidence to prove that this one-sided media coverage or the isfy regulation 15 of the Election happened. On 10-12 May, people twisted lies and false propaganda Petition Rules 1954. In one in- who had queued up for payments trotted out by the electronic me- stance, it was quoted that the pe- at a shoplot off Jalan Sungai Dua dia. It maintained its incredible titioner had failed to serve the in Penang told Aliran that cash silence over the BN’s excessive ex- documents personally! was given out to those who came penditure, sumptuous feasts with with the bonus slips. Payments free-flowing beer, and cash hand- Justice is not served when the pe- ranged from RM120 to RM200. outs. titions are dismissed on technical What was surprising was that grounds. It is preposterous that a this took place barely 100 metres The election corruption was so litigant’s right to justice should be from a police beat station. Conve- rampant that it was not possible dismissed because of the failings niently, the police personnel were to overlook or entirely ignore this of his or her counsel. The lawyer out on their ‘ronda’ at that time! electoral offence. It is a fact that concerned ought to know how to that this kind of inducement must file a petition but if for some rea- By all accounts, this was the dirti- have swung votes in favour of the son that petition is defective, why est election ever. State apparatus BN, especially in rural and remote deprive the litigant from having was fully utilised to promote the constituencies where poverty- the case heard? BN cause. Money from the na- stricken residents gratefully cast tional coffers was lavishly used their votes for the BN. Is it too difficult – isn’t it in the to influence voting patterns in It is because of these many wrongs inherent power of the court? - to favour of the BN. that the losing Pakatan Rakyat order the petition to be put right

Aliran Monthly : Vol.33(5) Page 4 so that the substantive issues in the petition could be addressed by the court? Justice is not hinged on technicalities but on the question of right and wrong.

Forfeiting the litigans’ right to be heard is a grave injustice. In doing so, isn’t the court perpetuat- ing a wrong and upholding an injustice? This is morally repul- sive!

It is incredulous that the petitions for Machang and Selising constituencies were struck off apparently on grounds that could not be sustained. It is patently wrong to be done to the litigant, the High such abuses can be curbed. For to observe that the petitions were Court should use its discretion by this, senior judges from the bench not personally served on the re- referring the matter to the Federal should be specially appointed to spondents by the petitioner him- Court. This would allow real jus- hear these petitions so that they self. It is without merit. tice to be done to the petitioner and can differentiate the chaff from the would be fair to the public. grain. Any judge before elevation to the bench must have been a practis- Apart from this, the Election So far, the Election Court rulings ing lawyer. Surely, the judge must Courts have also awarded exor- have left many frustrated and dis- know that the filing of the case bitant costs to the respondents. illusioned with the courts. and the serving of documents to The costs awarded ranged from the respondents are entirely the RM30,000 to RM200,000! Many Let us be reminded by this obser- responsibility of the lawyer’s firm litigants who went to court in vation that can only come through - not that of the petitioner. good faith would find these wisdom: awards rather excessive. In such a case where justice has “The good judge will always en- Genuine concerns for deavour to maintain that justice free and fair elections in his court must not only be done but must be seen to be done. Ordinary voters who go to court The judge can be as impartial or out of a genuine concern for free unbiased as can be but if any and fair elections are not rich in- party, especially the losing dividuals. They are not in a posi- party, should leave his court tion to fork out this kind of money with the impression that the trial for acting in the interest of society was one-sided then justice has at large. In any case why award failed.” (Justice C H Chan, ‘Judg- costs to the returning officer and ing the judges’). q the Election Commission?

Election corruption and fraudu- P Ramakrishnan, a past lent voting are serious issues that president of Aliran, cur- undermine free and fair elections. rently serves on the execu- This must be addressed soberly, tive committee of Aliran. sincerely and honestly so that

Aliran Monthly : Vol.33(5) Page 5 COVER STORY Shocking dismissals of election petitions

If cases are struck out on technicalities, then it just creates disaffection amongst those trying to access justice by Charles Hector

he manner in which the tions. poorer Malaysians, from coming TT Malaysian judiciary is to court to seek justice, in this case TTT dealing with election Some of the technicalities raised through the filing of election peti- petitions is shocking can be considered frivolous. For tions. and disappointing. Election peti- example: the petitions for tions, or any applications in Machang and Selising were Remember, the ordinary citizen, court, should never be dismissed struck off on the basis purportedly who is a voter, also has the right on technicalities. that the petition was not served to file an election petition - not just personally by the petitioner him- the losing candidates. See section If there are procedural non-com- self on the respondents. This is 34 of the Election Offences Act pliance or other irregularities, quite ridiculous when everyone 1954 - Who may present petition. courts must make the necessary understands that parties in court orders/directions so that these act through lawyers and do not "An election petition may be pre- may be remedied as soon as pos- go around trying to serve court sented to the High Court by any sible - and the courts can then hear documents themselves! one or more of the following per- the election petitions on the mer- sons: its. Judges are also saying that the (a) some person who voted or had facts stated in the petitions are not a right to vote at the election to 2) SUMMARY DISMISSALS OF sufficient. However I am advised which the petition relates; ELECTION PETITIONS that provisions also exist in the (b) some person claiming to have election law for any party to ap- had a right to be returned or We are greatly concerned with the ply for particulars and for the elected at such election; or spate of summary dismissals of court to direct provision of such (c) some person alleging himself the election petitions filed by details. Surely this would be a bet- to have been a candidate at Pakatan Rakyat candidates with ter way to handle disputes when such election." regard to electoral fraud in the such important issues of election 13th general election. abuses are raised regardless by So when the petitioner is or- whom whether BN or PR." dered to pay a very high cost, To summarily dismiss these peti- - extract from press statement issued here not even after the full trial tions purely on the so-called tech- by Anwar Ibrahim on 29 July 2013 on the merits, but based on technical grounds and ignoring the nical or procedural non-compli- fact that the issues raised in the High costs ance, would that not deter petitions are matters of public in- people from coming to court for terest which have a direct bearing Are the Malaysian courts trying justice and thus resort to extra- on the conduct of free and fair elec- to deter Malaysians, especially judicial means?

Aliran Monthly : Vol.33(5) Page 6 Remember that, in 2009, a gov- spondents including to the Air Yahaya, the constituency RO ernment study revealed that Lanas assemblyman Datuk Seri and EC. She also ordered Abdul more than 30 per cent of Malay- Mustapa Mohamed. At the Halim to pay RM10,000 each in sian workers earned less than same court, O’hara also rejected costs to BN Teluk Bahang assem- the poverty line income, and re- BN’s petitions against two Pas blyman Datuk Shah Headan member also that the minimum state seats - Mengkebang and Ayoob Hussain Shah, the con- wage in Malaysia is only RM900 Manik Urai and ordered the pe- stituency RO and EC." (RM800 for Sabah and titioners to pay RM60,000 in - theSun Daily, 24 July 2013, Elec- Sarawak). Hence, these high costs." tion petitions by PR, BN dismissed cost orders are in effect shutting -New Starits Times, 23 July 2013, access to Malaysian courts for Six election petitions dismissed “...The second trend is award- millions of Malaysians who are ing high costs on the petitioners low- and middle-income earn- "Meanwhile, in the capital, the when their petitions are struck ers. High Court struck out an elec- off. Petitioners have been or- tion petition for Setiawangsa dered to pay as much as I feel that when it comes to elec- filed by PKR candidate Ibrahim RM120,000 in the case of Balik tion petitions and public inter- Yaacob on grounds that the pe- Pulau. est cases, there should be no or- tition was defective. Justice ders to pay cost, or even if cost is to Zabariah Mohd Yusof, in her I am informed by lawyers that be paid, it should not exceed a mini- decision, said the petitioner such costs are not in line at all mal sum of RM500... failed to fulfil the mandatory re- with the trend of costs awarded quirements of the election law in for similar civil litigation. For Remember, any petitioner would filing the petition. She ordered example, similar preliminary have already expended money costs of RM50,000 to be paid to objections in the High Court will in engaging a lawyer and in fil- the returning officer (RO) of the probably be awarded RM5,000 ing the case. We want people, Setiawangsa constituency and to RM10,000. Full appeals in the everyone, including the poor, to the Election Commission (EC). Court of Appeal are awarded have the real right to be able to Zabariah also ordered costs of RM15,000 to RM 20,000. access justice through the RM20,000 to be paid to the first courts. So please stop ordering respondent, Ahmad Fauzi, who Such high costs are oppressive payment of excessive cost. [Like- was also the Barisan Nasional bearing in mind the public in- wise, bail amounts should also be candidate, reports Bernama." terest nature of the litigation much lower taking into consider- - theSun Daily, 24 July 2013, Elec- and invites the inference that ation the financial income of the action petitions by PR, BN dismissed there is a decided policy to in- cused person - it really should never flict punitive costs to discourage exceed one month’s income of the "In PENANG, the High Court petitions. Judge Hadhariah accused person] dismissed two petitions filed by Syed Ismail handling Balik PKR’s Mohd Baktiar Wan Chik Pulau was heard to say that the "The Election Court here today and Datuk Abdul Halim RM30,000 costs that were dismissed petitions by Pakatan Hussain for both the Balik awarded for the DUN Telok Rakyat to challenge the results Pulau parliamentary and Teluk Bahang petition against the of a parliamentary seat and two Bahang state seats respectively. KEADILAN petitioner were not state seats which were won by Justice Hadariah Syed Ismail high enough and proceeded to Barisan Nasional (BN) in the dismissed the petitions as both award RM120,000...” 13th General Election. They are failed to comply with provi- - extract from press statement is- Air Lanas and Kok Lanas state sions under the Election Petition sued by Anwar Ibrahim on 29 July seats and Ketereh parliamentary Rules 1954. Hadariah ordered 2013 seat. Judge Datuk John Louis Mohd Baktiar to pay costs of O’hara also ordered the peti- RM40,000 each to three respon- Are the courts forgetting that their tioners to pay a total of dents. The respondents are Balik main duty is “to prevent injus- RM200,000 in cost to all the re- Pulau MP Datuk Seri Dr Hilmi tice”, and that “the court or a judge

Aliran Monthly : Vol.33(5) Page 7 shall have regard to the justice of herein the court or a judge shall Judicial the particular case and not only have regard to the justice of the commissioners? to the technical non-compliance particular case and not only to the of any of the rules...”. Remember technical non-compliance of any Another concern is that whether section 42 Procedure and prac- of the rules herein. it is judges or judicial commission- tice on election petitions of the ers hearing these election peti- Election Offences ActAct. Order 2 Effect of Non- tions. Compliance.(Rules of the High (2) When any matter is not expressly Court 1980) It should not be judicial commis- provided for in the Election Petition sioners, who really are ‘contract Rules 1954, the High Court Rules Rule 3. Preliminary objection for judges’ or judges on probation, 1980 [P.U.(A) 50/1980] shall apply. non-compliance of rules not al- uncertain whether they will be lowed (O 2 r 3). even appointed as judges, who Well, I believe that important mat- have the necessary protection to ters like the inherent powers of the A court or judge shall not allow ensure independence. court, and how to deal with tech- any preliminary objection by any nical and procedural non-compli- party to any cause or matter or The Prime Minister, a BN man and ance may not be “expressly pro- proceedings only on the ground recently elected MP, plays a sig- vided for in the Election Petition of noncompliance of any of these nificant role still in determining Rules”, and hence the courts need Rules unless the court or judge is whether a judicial commissioner to consider the Rules of the High of the opinion that such non-com- is at a later date appointed as a Court 1980 - where clearly the prin- pliance has occasioned a substan- judge or not. Hence ‘indepen- ciple is not to deny the applicant tial miscarriage of justice. dence’ when it comes to election their day in court because of tech- petitions is questionable. If they nical/procedural mistakes. Let Remember that these principles decide against the PM’s party, the case be tried on the merits. The must be the guiding principles of would they be elevated or ap- only time the court dismisses a all courts and judges, irrespective pointed as judges? case (in this an election petition) of whether there are rules or not. is when there is a ‘substantial Whether they decide against the miscarriage of justice’ - an ex- People go to court so that their PM, his party, his BN coalition tremely high standard which al- cases are heard on their merits. If members, or their cronies may not most never will happen. cases are struck out on technicali- be a factor even considered by the ties, then it just creates disaffec- PM when it comes to appointing Order 92 Inherent powers of the tion amongst those trying to ac- Judges - but still, reasonably, Court. (O. 92 r. 4 Rules of the High cess justice through the Malaysian would it not operate in the mind Court 1980) courts. of judicial commissioners when it comes to handling and deciding For the removal of doubts, it is Worse, these cases of procedural an election petition? hereby declared that nothing in non-compliance are not the fault these rules shall be deemed to limit of the applicant/litigant but of I have always felt we should get or affect the inherent powers of lawyers and/or lack of clarity in rid of judicial commissioners - the Court to make any order as the rules/procedures/format. In and people should straight away may be necessary to prevent in- fact, courts should assist the be appointed as judges as was the justice or to prevent an abuse of people by reviewing applications practice before the Judicial Crisis the process of the Court. filed, etc to see if there are any mis- of 1988. q takes or non-compliance and by Order 1A Court or judge shall advising on what has to be done have regard to justice. (Rules of so that when the case is called up Charles Hector, an Aliran the High Court 1980) before the judge for hearing, it can member, is a human rights promptly be heard on the merits lawyer based in Temerloh. In administering any of the rules and be decided.

Aliran Monthly : Vol.33(5) Page 8 DOMESTIC VIOLENCE Protection from domestic violence: When will it be taken seriously?seriously?seriously? Must we wait for someone else to be beaten to death or set on fire before action is taken, asks Prema Devaraj.

ai Siew Fong, a 36-year- tion of victims when police reports When abuse takes place, victims old mother of two, lies in regarding the violence are made? can lodge a police report and ap- LLL the intensive care unit at Could Nurhidayah or Siew Fong ply for an interim protection or- Hospital Pulau Pinang, have been better protected? der (IPO). The alleged perpetrator suffering 60 per cent burns on her is served with a copy of the IPO body. She was set on fire allegedly Malaysian law while investigations into the by her husband who is now be- claims of domestic violence are ing sought by the police. In Malaysia, under the Domestic carried out. Violence Act 1994 (DVA) victims Apparently she had previously of domestic violence are meant to After the investigation, the IPO made several police reports about be able to get some form of protec- lapses and the alleged perpetra- the violence in the marriage tion under the law. tor is either charged or released. If (‘Peniaga kuih cedera parah dibakar suami’, mstar.com.my, 25 June 2013).

Several weeks ago, 28-year-old Nurhidayah A Ghani, a mother of four, who was in the process of divorcing her husband after 11 years in a violent marriage, ended up a domestic violence fatality (‘Mati dibelasah suami’, Mingguan Malaysia, 18 June 2013). She too had made several police reports over the violence she faced in her marriage. Her husband and three others have since been charged with murder.

One has to ask what is the duty of government agencies and personnel tasked in the prevention of Outside the Penang police headquarters: Protest at poor protection against domestic violence and the protec- domestic violence

Aliran Monthly : Vol.33(5) Page 9 elderly people who are dependent on them or who are financially dependent on their perpetrators or who live in rural areas where re- sources for such help are limited.

It is unclear whether agencies or their personnel involved in the protection of domestic violence victims are • overwhelmed with their workload or • are not sufficiently trained or Activist handing over a memorandum to the police. • are not interested in their area of work or worse, • have little regard for victims of he is charged (with an offence divorce him. His latest threat is to domestic violence. under the Penal Code) and con- splash acid on her. How will her victed, he may have to serve some story end? Lack of enforcement a jail time or pay a fine or he could common problem be released on a bond of good The reality on the ground is that it behaviour. is difficult to get protection despite In an article in the UK Indepen- the law in place. It would seem dent (‘IoS Christmas Appeal: Si- The woman can then apply for a that many service providers lent shame of domestic violence Protection Order (PO) with con- tasked to help victims of domestic in Britain’,The Independent, 25 ditions attached to ensure her violence often do not seem to un- November 2012), the issue of poor safety from further abuse. If the derstand what domestic violence enforcement of the law and the abuser breaches either the IPO or is about or the recurrent nature of role of service providers in not PO, he can be charged with a the crime. It would appear that providing adequate protection to crime and put behind bars. Tech- • the difficulty of the victim in victims of domestic violence was nically speaking, that is. lodging report after report due brought up when a victim was to repeated incidents of vio- murdered by her husband. Reality on the ground lence • the different forms of abuse of It said, The Women’s Centre for Change, power and control exerted by Earlier this month, a coroner ruled Penang (WCC) works with vic- the perpetrator that “serious and significant fail- tims of domestic violence on a • the terror the victim lives un- ings” by the police, social services regular basis. A current case in- der and the Crown Prosecution Ser- volves a mother of two children • the impact on the children vice (CPS) “possibly contributed” who has to date made 14 police • the protection needed by the to Ms Akhtar’s death in Septem- reports over a period of almost 10 victim which is available un- ber 2008 (see below for story). Ev- years against her violent husband. der the law ery year, the Independent Police • the seriousness of the crime Complaints Commission (IPCC) Despite two convictions (the first and so on, often go unrecognised investigations show forces mak- conviction resulted in the perpe- or are not understood by many ing the same mistakes, repeating trator being released on a two- service providers including the failings in the most basic police year bond of good behaviour and courts, which have the power to duties. Amerdeep Somal, the the second conviction resulted in lock a perpetrator up! IPCC’s commissioner in charge of him paying a fine), this man is still gender abuse and domestic vio- free to stalk, harass and abuse his It is even harder for women who lence, apparently said: “Sadly, I wife, who incidentally is trying to are poor or who have children or have seen through my work that

Aliran Monthly : Vol.33(5) Page 10 [police] protection is not always provided. It is a great scar on our collective conscience when a woman’s fears are not taken seriously and she is not given the protection that she deserves.

Sabina Akhtar’s story: Sabina a 26-year-old woman had warned the police that her husband, Malik Mannan, 36, was planning to kill her two months before he burst into their Manchester home and stabbed her through the heart. She ex- plained to officers in graphic detail try to have sufficient numbers of death or set on fire before action is how Mannan had assaulted her 25 sensitised and trained service pro- taken? times, throttling her and saying: viders nationwide who are not “One day I will kill you.” But he was only informed but also proactive It is the duty of the Malaysian gov- arrested and released without charge. about the domestic violence vic- ernment especially given national, After he repeatedly breached his bail tims’ safety and rights? regional and international com- conditions to threaten Ms Akhtar, she mitments against violence against made a second terrified call to the State duty to exercise women, to exercise due diligence police and he was re-arrested. Again due diligence in in the prevention of violence he was questioned and released with- protecting women against women (VAW) including out charge. Four days later Ms Akhtar against violence domestic violence, the protection was dead……. The Independent, 25 of the victims, the punishment of November 2012 According to the police, about perpetrators and the provision of 3,488 cases of domestic violence just reparations to victims. The frank appraisal of the IPCC were reported last year (appar- police commissioner is something ently only the tip of the iceberg), We ask simply this: if not now, our local police, welfare officers but how many reports resulted in then when? q and courts would do well to re- perpetrators being charged and flect upon. Time and again, com- convicted? plaints are made regarding poor Dr Prema Devaraj, an enforcement of the law (‘Concern What happened to all those executive committee over effective implementation of women whose reports did not remember of Aliran, is also Domestic Violence Act’, The Star, sult in action being taken against programme consultant 27 December 2011). the perpetrator? What recourse to with the Women’s Cen- safety do they have? Must we wait tre for Change, Penang. So, what will it take for our coun- for someone else to be beaten to

We are not afraid to entrust the people with unpleasant facts, foreign ideas, alien philosophies and competitive values. For a nation that is afraid to let the people judge the truth and falsehood in an open market is a nation that is afraid of the people. ~~~President Kennedy

Aliran Monthly : Vol.33(5) Page 11 HUMAN RIGHTS A perverse understanding of human rights

Dr Ahmad Farouk Musa calls upon the government to stop the intimidation and persecution of Shias and to allow them to practise their faith.

e, at the Islamic Renais- inherent dignity and of the equal wrong rests with God alone. WWW sance Front, were dis- and inalienable rights of all mem- WW mayed and horrified by bers of the human family is the The state has no business to dic- the statement made by a foundation of freedom, justice and tate what people should believe Minister in the Prime Minister peace in this world. in and which denomination they Department, Datuk Seri Jamil Khir choose to subscribe to. Shias have Baharom that there was no viola- Whereas disregard and contempt lived side by side with Sunnis for tion of human rights in the ban- for human rights have resulted in thousand of years. Banning and ning of Shia teaching. barbarous acts, which have out- outlawing a denomination that raged the conscience of human- has been in existence since the Coming from a minister of a gov- kind and the advent of a world in early years of Islam only gives cre- ernment that holds a chair at the which human beings shall enjoy dence to the prevailing perception United Nation Human Rights freedom of speech and belief, and of the authoritarian nature of this Council, this statement is clearly freedom from fear and want has government. inept and inane. It depicts a clear been proclaimed as the highest as- blunder in understanding the lan- piration of the common people. A substantial part of the Quran’s guage of human rights. message is towards freeing hu- From the perspective of the man beings from the bondage of Human rights are inalienable Qur’an, these rights came into authoritarianism, racism, sexism fundamental rights to which any existence when we did; they were or anything else that inhibits hu- human being is inherently en- created, as we were, by God in or- man beings from actualising the titled. And a very important value der that human potential could be Qur’anic vision of human destiny of our society is that all people actualised. No ruler or govern- as embodied in the proclamation: have certain rights that are so im- ment could abolish the rights cre- “Towards Allah is thy limit”. [An- portant that they cannot be taken ated and given by God. Eternal Najm, 53: 42] away. and immutable, they ought to be exercised since everything that In the context of human rights to For it is the duty of the government God does is for a just purpose. exercise religious freedom, it is of the day to protect these rights pertinent to note that the Qur’anic and not to abuse it. Fundamental Hence the greatest guarantee of dictum “There shall be no coer- of these rights are freedom of personal freedom for a Muslim cion in matters of faith” [Al thought, conscience and religion. lies in the Qur’anic decree that no Baqarah, 2: 256] applies not only As the preamble to the Universal one other than God can limit hu- to non-Muslims but also to Mus- Declaration of Human Rights man freedom and that judgment lims. Therefore no Muslim should clearly states, recognition of the as to what is right and what is be coerced to embrace a mazhab

Aliran Monthly : Vol.33(5) Page 12 or denomination he or she does ing, justice is a prerequisite for We call upon the government of not believe in. This right to exer- peace, and peace is a prerequisite Malaysia as a member of the cise free choice in matters of faith for human development. United Nations Human Rights is unambiguously endorsed by Council that has pledged to up- the Qur’an. A just society is a society that hold the highest standards in the protects the basic fundamental promotion and protection of hu- Forcing Muslims to adhere to the rights including the right to the man rights to keep true to the sup- teaching of Sunni Islam under the protection of one’s holy places posed commitments. For we – Shafii school basically negates the and spiritual centres. The re- Sunni and Shii – are all equally co-existence of other schools of peated harassments of Shias in entitled to our human rights with- thought in Islam that have been this country and the desecration out any discrimination. practised for ages. This is a clear of their hawzahs were assault on the percept of freedom uncivilised acts of state-sanc- “A person is either your brother of religion and an aggression tioned marauders that brazenly in faith, or your equal in human- against fundamental liberty. trampled on the dignity of other ity.” [Imam Ali Ibn Abi Talib] q human beings. It must be reiterated here that the Qur’an upholds the right of the The Islamic Renaissance Front human being not only to life but therefore calls upon the govern- Dr Ahmad Farouk Musa also to the good life of harmony ment to stop such intimidation is chairman and director and the development of his or her and persecution against the of the Islamic Renaisance human capacities. The good life Shias, to allow them to practise Front.Front.Front. is only possible when a human their faith and to treat them as being is living in a just society. equals based on fundamental per- Source: irfront.org And according to Qur’anic teach- cepts of human rights.

Aliran Monthly : Vol.33(5) Page 13 INTER-RELIGIOUS RELATIONS WhatWhat holyholy month?month? The voices of reason and compassion were given short shrift while shrill, hateful rhetoric was given free rein, laments Zaharom Nain.

Every year we are told, height of obscenity for these thin- secondary school in Taman Alam EE certainly incessantly re- skinned creatures who claim to be Megah, Shah Alam, told her stu- EEE minded, that it’s a “bulan alim (pious) and God-loving to dents, in anger, to go back to China mulia”, a holy month of then threaten them with violence, and India? And, when ques- reflection, much prayer, of being death even? And to have the full, tioned, felt she was justified in patient, and a month of respect repressive force of the state come doing so because she had appar- and forgiveness. crashing down on them – and ently also told her Malay students Alvin’s family – must smack of to go back to Indonesia. Ramadan indeed is the month when Muslims And where, indeed, was flock to the mosques and the reflection when, after suraus, especially at night, he had directed the to bow their heads, pros- school’s canteen to be re- trate even, in prayer and located, however tempo- to seek forgiveness from rarily, to the school’s the Almighty. changing room, another HM, this time the head- But, as we end this year’s master of SK Seri month of Ramadan, really, Pristana, Sungai Buloh, much of what we’ve seen then tried to make it look around us these past four all right by having a weeks has run contrary to ‘buka puasa’ PR session all that. gross overreaction? there?

It has been a hate-filled month, But, no, instead of seeing their And there certainly was very little bringing to shame whatever prank as a pathetic cry for atten- reflection on his part when he fol- claims we may have to being spiri- tion, those of us who should know lowed up his actions by taking tual or god-fearing. better went straight for their jugu- photographs of his school kids, lars. All in the name of protecting some say to intimidate them, and Forgiveness? Well, there certainly a religion that has survived and having his staff reportedly was very little of that. Sure, the two grown all these centuries and, re- ostracising the poor kid whose silly twerps, that attention-seek- ally, isn’t in much need of ‘protec- mother had brought the case to ing couple, Alvin and Vivian, tion’ by a group of thugs and ty- light. pulled yet another stupid caper rants. that, at worst, was insensitive and These are supposed to be our edu- probably insulted some thin- Little reflection cators, for God’s sake, people who skinned Malaysian Muslims. are given the noble task, the re- Reflection? Where was the reflec- sponsibility, of educating our chil- But looking back, surely it’s the tion when the headmistress of the dren. One shudders, wondering

Aliran Monthly : Vol.33(5) Page 14 where they picked up these nasty, ported widely, threaten them with If yours is a ‘Department of Is- vindictive and vicious traits – in punishment should they even at- lamic Development’ entrusted school, in college, in one of our tend the function, surely is the with the task of developing the menara gading? Perhaps even, in height of tyranny? religion, surely, in this day and their homes and wider commu- age, you would need to provide nity? If the reports are indeed true – and information, advice and, perhaps there have been no rebuttal of these most importantly, space and av- Well, there has certainly been no reports – what about the Muslim enues for discussion? shortage of members and groups men who may have attended the in the wider community seem- function? Why were they not Developing something requires ingly egging them on. warned? exchanging ideas and opinions, wouldn’t you say, rather than ar- Indeed, instead of providing sane And, more importantly, under rogantly issuing strictures and, suggestions to resolve the situa- what law were they working on yes, threats? tion, some quarters, led by that in issuing the warning, nay threat, loopy, loony group Perkasa, then to the four women not to attend And it’s not as though those urged the government to charge the function even, as best as we ideas, different though they may the person who had taken the can gather, as members of the au- be, have not been forthcoming. photographs of the poor kids in dience? Indeed, one of the most interest- the changing room with sedition. ing ripostes to the dogs-are- And, sadly, the pattern continued haram-and-unIslamic tirade was That stupid, ugly word appears until the end of the month, with a truly lucid piece by Rusaslina to have taken on a life of its own some jerk uploading a three-year- Idrus (The Malaysian Insider, 4 this past Ramadan. It’s been se- old YouTube video of a caring ani- August 2013). dition this, seditious that – one mal lover and putting a nasty re- threat after another, principally ligious twist to it. As far as I can gather, the authori- from equally bangang politicians ties have not bothered to respond (one or two with local PhDs, As a consequence, the dog trainer, to her in an intelligent manner. mind you) indicating an inabil- Chetz/Maznah, has been slan- ity to think and reflect and, per- dered, threatened, vilified and cer- Indeed, what’s been given short haps, even more failure on the tainly condemned by, presum- shrift in all this by the mainstream part of our public tertiary edu- ably, God-loving Muslim Malay- media have been the voices of rea- cation system. sians. son and the voices of compassion. And what we’ve been presented Punishment How God-loving creatures can, in with have been the shrill, hateful threatened turn, be absolute cretins, quick to rhetoric of the loonies led by the judge and condemn, still escapes likes of Perkasa. But, of course it hasn’t ended there. me. The appointed (certainly not by And we call this the holy us) authorities evidently were on That esteemed department, Jakim, month? q something akin to a ‘seek and de- has gone on to say that what she stroy’ mission. So, like brave reli- did is ‘wrong’ without seemingly gious warriors hell-bent on pun- seeing the need to explain to us This piece was first pub- ishing ‘sinners’ in this month, all what is exactly wrong about lished in Malaysiakini. they, wait for it, found four young her actions. women to vent their self-righteous Prof Zaharom Nain, a fury on. More, Jakim reportedly has threat- long-time Aliran mem- ened (there’s that nasty word ber, is a media analyst To prevent the women from par- again) to order her to “explain the based in Kuala Lumpur. ticipating in a silly beauty contest video or present herself before the is one thing. But to then, as re- authority”.

Aliran Monthly : Vol.33(5) Page 15 INTER-ETHNIC TIES Once we were beautiful

Art Harun recalls an age of innocence in the 1960s – but since then, years of political posturing using religion and race have now begun to show its ugly consequences. II am blessed. III So are many of my friends who are of or around my age.

So are many who are older than me.

As a child of the 60s, I went through my formative years in an English-stream school. It was a big school in town.

And there were hundreds of us Malays, Chinese and Indian boys (it wasn’t co-ed). had to go to the toilet to do the If they bought a proper meal, such normal stuff we all do in the toilet as nasi lemak or mee goreng, they Our first headmaster was a Chi- (and not to eat). would eat at the canteen. nese gentleman who was as fierce as they came those days. When he Then there were Mr Linggam, If it was some kind of snack, they left, he was replaced by an Indian Cikgu Aziz and wife, Sharom, Mr would just eat while walking gentleman, who also was as fierce. Lee the karate guy, Mr Khor, Cikgu around, in the class or wherever. Mutalib and various others. My first class teacher was Ms No fuss. No issue. No problem. Leong, all long haired and short We were a happy bunch. We skirted. And yes, armed with a played together, ate together, My impressionable years were wooden ruler, she would knock learned together and of course, at spent in a boarding school. It was my knuckles for failing to prop- times, were punished together. the same scenario. erly write the number 8. And we were equal. In Standard All of us, regardless of race or reli- My first English sentence, learnt Five, I began fasting. gion studied together, ate together, on the first day at school was to played together and at times, got be uttered after raising my right The school canteen stayed open one or two ‘rotan’ together. hand, “Please, teacher, may I go for the whole month. No renova- out?” tion. No closure. Muslim and non- Visiting a non-Malay house was Muslim kids, who did not fast, ate not a problem. Eating there was That was to be said if any of us as usual. not a problem too. Sharing food

Aliran Monthly : Vol.33(5) Page 16 with non-Muslims was not an is- superiority complex to the Malay agreed upon by consensus be- sue. kids as well as the teachers. tween three major races anchored to a give-and-take and win-win Things have, however, sadly Thus, my race and my religion are camaraderie. changed. And changed for the more important than you, your worse. Nowadays, non-Muslims religion and everything else. There was a blemish in 1969 but don’t send their kids to national that was quickly nipped in the schools anymore. Hence the closure of the school bud and we soldiered on. canteen during Ramadhan. They prefer to send the kids to the In football, we were in the Olym- vernacular schools. This situation prevails in many pic final in 1972 and 1980. national schools. Apparently, this The ones who can afford would is done to “respect” the Muslim By the law of progression, we send their kids to private schools. students who are fasting. should be in the World Cup by Forget the fact that non-Muslims now. By contrast, Japan and Ko- National schools are almost in- do not fast and they, like any other rea, whom we used to beat, were variably filled with Muslim/ human beings or animals, have to already in the quarter-finals of the Malay students. eat and drink. World Cup.

National schools would recite Forget the fact that there are Mus- We now struggle to beat the likes prayers before class begins in the lim kids who do not fast. of Vietnam and even Singapore. morning. Anybody who just about men- Like our football team, the state of Quranic verses and hadith would tions the word “food” would have our racial integration and inter- adorn walls in the canteen, the been taken as insulting Islam. faith relationship has moved in school office and even classes. reverse gear. On Facebook last week, there were Ustaz and ustazah would even two guys admonishing a hotel Years of political posturing using ask school kids to raise their which advertised its breakfast religion and race have now begun hands if their parents do not pray package on its page. to show its ugly consequences. five times a day. They viewed it as disrespectful. The so-called Islamisation that we In secondary schools, the tudung embark upon, which is shorn of is not compulsory for girls – ac- But to be fair, the two were widely any meaningful spiritual under- cording to the Ministry of condemned by other Muslim standing of the religion but rather Education’s circular, if I am not facebookers. borne out of political necessities, mistaken – but girls without convenience and mired in politi- tudung would be viewed askance The eating-in-the-changing-room cal one-upmanship, has now pro- by schoolmates and teachers debacle yesterday is just the sur- duced a nation which is unsure alike. face of a far unhealthier trend in of itself and a people who are frac- Malaysia. tious, angry, suspicious and at Due to the small number of non- odds with one another. Muslim/Malay kids in national Beneath that surface is a society schools, the Malay kids do not which is fractious, intolerant, self- We need to take a real good look have the opportunity to mix ish and uncompromising. at ourselves and examine our around and integrate with non- ways. And we need to reboot our Malays in their formative and im- The obvious question is how did operating system if we want to pressionable years. we, as a nation, become like this? avoid a total crash. And we need As a nation we started so well. to reboot fast. The small number of non-Malay kids also gives a sense of false The Federal Constitution was Source: themalaysianinsider.com

Aliran Monthly : Vol.33(5) Page 17 ELECTION FOCUS Shocker in court: Evidence with ‘blanco’ Observers in court were stunned when an employer in a labour dispute with a migrant worker produced evidence with liquid paper marks on it. Rani Rasiah reports.

n 29 July 2013, the hear- pany. and 17 April. ing continued in the Aye OOO Cho versus New Zonic Boss: 14 days. Soma: June 2011, 11 and 12 June. Enterprise labour case. Was blanco used? At an earlier hearing, Thomas Su S Somahsundram of MTUC ap- had tendered photocopies of the Boss: Yes. peared for the worker and Yang clock cards for 2011 as exhibits to Berhormat Thomas Su, lawyer show that the company had in- Soma continued in the same man- and MP for Ipoh Timur, repre- deed granted Aye Cho annual ner, for the remainder of the 14 sented the boss. leave. Fourteen dates had been days, including 1 September 2011, mentioned as Aye Cho’s annual where there were ink marks as Aye Cho had filed a case in early leave days in 2011, and these had well over the blanco. Fourteen 2012 at the Labour Department in been shown by Su to correspond days of annual leave appeared to Ipoh against his employer for with 14 blanks on the clock card have been created on paper by non-payment of overtime work, copies. blanking out machine print marks denial of annual leave and un- with liquid paper. lawful levy deductions. He and For the 29th hearing, the original four other Myanmar workers had clock cards for 2011 were pro- What a bold piece, I thought, of tried to raise these with the em- duced. the employer to coolly produce ployer, who responded by sack- such evidence before the court. No ing two of them on the spot. Soma: (referring to the original register of records of annual leave clock cards for 2011): Why has etc was produced to back up his On the 29th morning, Chan Lark ‘blanco’ (liquid paper) been used claim. Sye, the employer, his face expres- for 16 and 17 April 2011? sionless as usual, sat in the dock. Also, the cards had apparently It was Soma’s turn to cross-exam- Boss: I think, some other worker been tampered to reflect two and ine him. mistakenly punched the card. a half hours less overtime every day to justify paying two and a Soma: How many days of annual Soma: What about 25 April 2011? half hours less than the actual leave did Aye Cho take in 2011? Has blanco been used? overtime hours worked.

Aye Cho had complained that he Boss: Yes. How should the various actors in had been denied annual leave this hearing react when faced (AL) for his entire four and a half Soma: Why? with such evidence? We leave it years of employment at New Zonic Enterprise, a printing com- Boss: I think same reason as on 16 Continued on page 23

Aliran Monthly : Vol.33(5) Page 18 TRIBUTE TO ISMAIL HASHIM'S PHOTOGRAPHY

Aliran Monthly : Vol.33(5) Page 19 Aliran Monthly : Vol.33(5) Page 20 Aliran Monthly : Vol.33(5) Page 21 Aliran Monthly : Vol.33(5) Page 22 SHOCKER IN COURT Continued from page 18 to the wisdom of the court to de- fused to entertain his application to attend court hearings but he is cide. for a pass to remain in the coun- not allowed to earn. try. Their stand was that the dis- Seeking justice in this instance is missed worker should return to But there are essential expenses a desperate migrant worker, un- his home country and come back to meet – upkeep, legal fees and expectedly dismissed and unable after the court dates were fixed. interpreter charges. In essence to return home empty-handed to Clearly, the Immigration Depart- then, the sacked migrant worker his family of six young children, ment did not recognise the right has no choice but to return home wife and aged mother. With our to redress provided by the Em- without his grouses being heard help, Aye Cho had filed com- ployment Act, and was free to in- and dealt with. plaints in March 2012 at the validate it. labour department for monetary Malaysian laws related to redress claims and the industrial relations Once court dates were given, Im- belong to the era of slavery and department for reinstatement. The migration issued the Special Pass all migrant workers are potential boss went on to unilaterally can- for Aye Cho. It was not the end of victims. Aye Cho is already cel his work permit, making the his woes though. The Special victimised by such bad immigra- worker illegal and exposed to all Pass is issued at a charge of tion policies. He shouldn’t be dou- the risks entailed. RM100 for a maximum of 30 days bly victimised by evidence with each time, and generally it is re- blanco. q It took five months before the cases newable only for three months. were heard at the labour and in- Rani Rasiah is an Aliran dustrial courts. During this entire The worst and most cruel thing member based in Sungai period, Aye Cho remained ‘illegal’ about the Special Pass for people Siput. She is also coordi- not because he was naturally in- like Aye Cho is that it forbids the nator of the Oppressed clined to flout rules, but because holder from working. The pass People’s Network (Jerit). the Immigration Department re- holder can remain in the country

Aliran Monthly : Vol.33(5) Page 23 JANGAN PINDA UNDANG-UNDANG SESUKA HATI Continued from page 40 duce new laws like theNational ent powers of the Judiciary were to ensure prompt removal of post- Harmony Act to replace the Emer- lost as a result of an amendment. ers and other paraphernalia. gency Ordinance and the Sedition Remember, Tun Salleh Abbas and Act. The government should think several other judges were also re- Apart from the above, Section 19 through more carefully its plan to moved in 1988. of the Election Offences Act was change or replace the laws, he cau- also amended to allow for higher tioned. It was because of such Article 121.1A was amended. As spending limits. laws, he argued, that there pre- a result of that amendment, the vailed harmony previously, that high courts have no jurisdiction A final amendment introduced a is, when he was still in charge. “in respect of any matter within new Section 4A that makes it an the jurisdiction of the syariah offence to act or to make a state- Mahathir mudah lupa courts”. And since there is no au- ment that promotes feelings of ill- thoritative and impartial machin- will, discontent or hostility in or- Wow! The former PM does have a ery for determining questions of der to induce any elector or voter warped sense of harmonious liv- conflict of jurisdiction, this move to vote or refrain from voting at an ing. But he, who once exclaimed opened the floodgates – evident election or to procure the election ‘Melayu mudah lupa’, must now some 20 years later – to the on- of any person. be accused of being very forgetful going disputes over the compet- too! For it was under his charge ing jurisdictions of the civil and Apart from these, some sections that our Constitution and various syariah courts and the problems of the Election Offences Act were Acts of Parliament were, time and of custody of children after con- also amended to put them in tan- again, amended. Worse, on almost version, body-snatching, etc. dem with the amendments to the all occasions, the amendments to Election Act. the existing laws sought to make Election laws them even more coercive, closing also changed Earlier, also under Mahathir’s up whatever loopholes there watch, the Constitution (Amend- might have previously existed. As well, it was under Dr ment) (No 2) Act of 1984 removed Mahathir’s watch that a set of the upper 10-year limit for con- Consider for instance Dr amendments to our election laws stituency reviews. Consequently, Mahathir’s assault on our laws were made in 2002. Following [Sec reviews do not need to be con- in the aftermath of Operation 9(A) of the Election (Amendment) ducted even after 10 years. Lalang in October 1987. The ISA Bill 2002], the electoral roll, once was amended to deny habeas cor- gazetted, is deemed final and can Instead, a new clause to Article 113 pus. A new Printing Presses and no longer be questioned or ap- provides for the review of any af- Publications Act was introduced pealed against or reviewed, fected area by the SPR whenever requiring that publications apply quashed or set aside by any court. there is a change in the number of for new licences every year (in- seats in parliament or any state stead of renewals of existing li- Yet another amendment to the assembly. cences). A new Broadcasting Act same Election Act increased the was also introduced. compensation payable to any per- Significantly, the above clause son aggrieved as a result of an ob- absolves all such reviews from Earlier that decade, he had jection made to the inclusion of strict compliance with the prin- amended the Societies Act and the his name on the electoral roll if it ciples of constituency delineation Official Secrets Act, on both occa- cannot be proven that the voter is contained in the 13th Schedule of sions, obstructing our path to de- a phantom one. the Constitution. So, the clause mocracy. provided Dr Mahathir’s BN rul- A third amendment increased the ing coalition much flexibility in The Federal Constitution was also deposit required of contesting reviewing constituencies. not spared. Significantly, it was candidates, who also have to under his charge that the inher- stump out an additional deposit For apart from the SPR initiating

Aliran Monthly : Vol.33(5) Page 24 a review after, say, five years, the government of the day, if it has a two thirds majority, can change the number of seats in Parliament When questioning becomes a crime or the State and then require the SPR to conduct a review. And this can be done without adhering to When questioning becomes a crime the rules binding normal reviews. What will our future be? No doubt, this clause also al- Will we be truly conscious? lowed for the wide disparity in the What will we really see? population size of the constituencies that we see today. When questioning becomes a crime Oppression is legitimised Changes – for better The corrupt and overly righteous rejoice or for worse? Reason and morality skewed

Actually, the issue is not whether When questioning becomes a crime the Constitution and the laws are Compliance is demanded being amended or repealed arbi- Different opinions turned into insults trarily by the Najib government. All discussions become one-sided The forgetful former prime minister was always tampering with When questioning becomes a crime the law too, but perhaps with one Women’s bodies are primary targets difference. Tightly controlled by regulations Moving like puppets in confined spaces Whereas the Najib government which claims itself to be a moderate one on the global stage has When questioning becomes a crime been forced to repeal some of the We suffocate slowly but surely more repressive laws like the ISA Creativity smothered by a forced silence in this era of Arab Spring, the Thoughts ushered into cold storage Mahathir regime was always tampering with existing laws – to When questioning becomes a crime tighten the law and to roll back The ground beneath us sinks democracy. Not for no reason was Our thoughts no longer ours to form he regarded as Mahafiraun! Our lives no longer ours to live

A friend who sent me the Utusan I will struggle against this captivity Malaysia news item about The shutting down of the mind Mahathir’s criticism of the Najib The railroading of obedience and conformity government was not wrong when The narrowing of our spaces he observed that the former prime minister was probably cracking I will struggle and resist as others do one of the greatest jokes of the de- For if we are to truly live, cade! Breathe, feel and believe Learn, stumble and rise up again Maybe Mahathir should not be Then question we must mixing with Ibrahim Ali so And think, think, THINK! much. q

Dr Francis Loh is president Prema Devaraj of AliranAliranof ... 5 August 2013

Aliran Monthly : Vol.33(5) Page 25 ECONOMY TPPA: No use crying over spilt milk! Ordinary Malaysians should take the Trans Pacific Partnership Agreeent seriously – before it is signed, warns Jeyakumar Devaraj.

alaysians from all walks to us as US rice can be sold at be- • “evergreening”, whereby a MM of life should really take low the price of production of rice second patent for 20 years is MMM a close look at the TPPA in Malaysia because the US gives granted to a medicine because (Trans Pacific Partner- generous subsidies to all its farm- a new use of that medicine has ship Agreement) that is now close ers including rice farmers. If cheap been documented. If this sec- to completion. US rice floods the Malaysian mar- ond patent is issued on the ket, many of the 300,000 rice farm- 15th year of the first, then the The final round of multilateral ers will go bust. effective patent period would negotiations is slated for 20 Au- go onto 35 years. As you know, gust in Brunei, and the word is What is even more serious is that the importation of a generic out that it will be signed early next their paddy fields may be con- version of that medicine is ille- year. verted to housing projects and gal until the period of the perhaps golf courses! We now patent expires. The TPPA is a wide-reaching produce 70 per cent of the rice we • Measures to make the registra- Trade and Investment agreement consume. This may go down if US tion of generic medicine more that touches almost the whole rice imports are allowed in with- difficult. The firms importing spectrum of economic life in the out tariffs. But when there is a generic medicines are prohib- participating countries – 12 at the shortage in the world supply of ited (by the TPPA) from using latest count, including the United rice as occurred in 2007, then we any information regarding States, Canada, Mexico, Australia, will be in serious problems. This that drug that has been pub- New Zealand, Chile, Japan, is why the US heavily subsidises lished by the maker of the pat- Brunei and Vietnam. its food producers – to maintain ented product. All that infor- food security. mation is deemed to be the Let me point out some of the prob- “property” of the patent holder. lems that would arise if we sign Price of medicines The term used is “data exclu- on to this Agreement. sivity”. That information can FTAs between the US and other be only used if the patent Loss of food security countries (there have been 21 holder gives permission – i.e. signed so far) have driven up the on payment of a huge royalty. The US is pushing for the aboli- price of medicines in these coun- • Measures to limit the practice tion of all import tariffs. At present tries through a combination of of “compulsory licensing” and we have import tariffs on certain measures including: “parallel imports”, which are foodstuffs – for example, under measures allowed under the the WTO regime, we have the • lengthening the patent period GATT Agreement to bring in right to impose a 40 per cent tax from the present 20 years to 25 patented drugs cheaply if there on rice imports. This is important or even 30 years is an emergency need for those

Aliran Monthly : Vol.33(5) Page 26 medicines in the country. panies that were having an ad- and the pasar malam vendors live verse effect on the health of the in the same community in which Loss of regulatory people or on the environment of they sell their products. Most of powers and the right the host nation. the profit they make is ploughed of companies to sue back into the local economy governments Liberalisation of the through their consumption and service sectors their investment in their busi- The US is also pushing for “in- nesses. Not so with Walmart! vestor rights”, specifically some- The US is asking for 100 per cent Walmart’s profits will be si- thing called the “expropriation liberalisation of all the services phoned out of that locality, thus clause”. The basic argument is sub-sectors including health care, reducing the money circulating in that if the host country (Malaysia) retail trade, accounting and edu- that locality. expropriates the property of the cation. foreign investor, the latter should Up till now, all negotiations have have a right to receive reasonable The US proposal, and one that been kept top secret. Even parlia- compensation. This sounds fair they are lobbying hard for, is that mentarians do not have a clue of doesn’t it? The problem is that any economic activities permitted the actual deals being made on what actually constitutes “expro- for Malaysian companies should our behalf. The US knows that the priation” is very loosely defined be allowed of US companies. This people would kick up a fuss if the – even regulations that might re- is termed “national treatment”. details were known; so they have duce future profits can be termed insisted on complete secrecy. “expropriation” and the govern- This would mean, for example, that ment concerned can be sued. since Malaysia allows Managed But given that the deal has almost Care Organisations (MCOs) to op- been made isn’t it time we the There are provisions in the invest- erate, US MCOs should be allowed people start asking how these is- ments chapter that create the right to set up branches or even chains sues are being handled, what for foreign companies to take the here. Since Malaysia allows pri- compromises have been made host government to an interna- vately owned supermarkets to op- and exactly which of our rights tional court for “expropriating” erate, there should be no barriers have been traded away? them – Investor State Dispute for Walmart to come and set up Settlement (ISDS). branches here. There is specifically The TPPA has 29 chapters and a provision that states that there there are several other issues that When Uruguay asked all the ciga- should be no restriction on the vol- aren’t quite beneficial to Malay- rette firms in the country to put ume of business permitted for the sians. As Idris Jala said in his pictures of cancers on their ciga- foreign service provider. piece in The Star on 7 August rette boxes, Philip Morris used an 2013, in a negotiation you have to FTA provision to sue the govern- Sure, Walmart might be able to give in on certain issues. Are we ment for hurting its cigarette sales provide certain goods at a 10–20 prepared to be the group whose and thus profits! Now Australia per cent lower price. But that ben- interests had to be sacrificed so is being sued for a similar regula- efit would be greatly outweighed that the interest of a more politi- tion regarding cigarette packs. by damage done to small retail cally important group is pre- There are several such cases in a shops and to the pasar malam served? number of countries. The argu- vendors. Many of them will suffer ment that the regulation was a loss in volume of sales and they Ordinary Malaysians should take passed to protect the health of the might close up and join the un- the TPPA seriously – and before it population does not seem to be der-employed. is signed. No use crying over spilt strong enough! milk! q The other negative impact is the Several countries have had to pay amount of money in circulation in Dr Jeyakumar Devaraj, an compensation of millions of dol- our local communities would be Aliran member, is the MP lars for passing regulations that reduced by firms such as Walmart. for Sungai Siput. have affected the profits of com- The small grocery shop owner

Aliran Monthly : Vol.33(5) Page 27 INTERNATIONAL Coups and junta rule must be condemned

The Egyptian army is wholly responsible for causing the crisis in Egypt, and any junta rule, whether by puppets or directly, is doomed to fail, warns Tommy Thomas.

ne of the fundamental Post-World War II history is replete OO principles which the with nations securing indepen- OOO participants in the Arab dence from their colonial masters Spring fought for was the very quickly falling into the hands retreat of armies from political of their military. Asian countries power, and their replacement by emerging from British rule like properly elected civilian leaders. Pakistan, Burma and Bangladesh have had lengthy spells of army Egypt is a prime illustration. Since rule. the coup d’etat in 1952, which resulted in the overthrow of King Among our neighbours, the Octo- Farouk by Colonel Nasser, the ber 1965 coup which removed army has been in power for over President Sukarno from office re- 50 years until Mubarak resigned sulted in at least half a million Central and South America were in March 2011. deaths under General Suharto. not spared either. Almost every Coups are so frequent in Thailand nation in these two regions was Morsi was elected as the first non- that the military has probably gov- under brutal military rule, includ- military president in modern erned longer than civilian politi- ing the leading nations of Brazil Egyptian history in June 2012, re- cians. and Argentina; in the latter, a ceiving 52 per cent of the popular “dirty war” conducted by the mili- vote. His was a four-year term, Corruptly plundered tary included the throwing of with the next elections scheduled and misruled thousands of dissidents who under their new constitution in were still alive from planes and 2016. Africa perhaps has the saddest helicopters into the high seas. tale. Whether it is Nigeria, However unpopular Morsi tem- Uganda, Congo, Ivory Coast or The consequences of General porarily was — even the most Libya, the “man on horseback” (to Pinochet’s murderous regime con- popular president or prime min- quote the title of a seminal book tinue to haunt Chile, which, even ister suffers temporary periods of by a political scientist, Samuel after 40 years, has not fully recov- unpopularity, but often are re- Finer) has brutally and corruptly ered from the scars of army rule. elected — there is absolutely no plundered and misruled. A new Nixon, Kissinger and the CIA justification for the army to carry term “kleptocrazy” was coined to were all involved in the conspiracy out a coup d’etat and replace him describe the scale and magnitude to eliminate the democratically by force. The army’s true role is in of a typical African general’s loot- elected Chilean head, President the barracks, and they should re- ing of his nation and the transfer Allende in 1973. Thereafter, the main there permanently. of wealth to Swiss accounts. CIA organized “Operation Con-

Aliran Monthly : Vol.33(5) Page 28 dor” in the mid-1970s with right- intimidated. It has never proved Morsi. wing national security agencies in to be for the public good. Brazil, Argentina, Chile, Uruguay Indeed, their media has and Paraguay (the southern cone One of the greatest blessings that characterised the change of regime of South America) – which re- Malaysia has enjoyed as a nation as not being a coup or perhaps a sulted in the death of some 60,000 is civilian supremacy and control “soft coup”. This is intellectual civilians. over our military. This is a hardly dishonesty and adds insult to in- appreciated fact. Never once in jury. From Morsi’s perspective, he Military coups have also occurred our post–Merdeka history was has been removed violently from in “civilised” Western Europe, there a real threat that the army an office to which he was demo- which claimed it had proper de- would take over. cratically elected; that is a coup, mocracies superior to Soviet-con- by any definition. trolled satellite states in Eastern Even after May 13 (1969), the coun- Europe. Yet, in 1966 the Army try was temporarily under the Functioning or participatory de- grabbed power in Greece — the rule of the National Operations mocracy caters for both majority cradle of democracy — and bru- Council (NOC), which was al- and minority interests. A true de- tally repressed thousands of their ways under the control of its di- mocracy accommodates wide di- citizenry. rector, Tun Razak and his civilian vergence of interests in national colleagues from the Alliance coa- life, and changes take place peace- Don’t understand lition. The army chief was just one fully, and by consensus. democracy member in the NOC, but in a clear minority. The great danger in Egypt is that Hence, the universal record of the 52 per cent majority who have military rule in the second half of Malaysians must count their seen their democratically elected the 20th century has been dismal: blessings that the army knows its leader forcibly driven out of office ultimately, the army just cannot place in national life. Our military may resort to violence. Civil war govern. forces also seem to take seriously may be the outcome. the fact that their Commander-in- This is hardly surprising: it is in Chief is the Yang diPertuan Parallels exist with Algeria, the nature of the military, built on Agong, the Supreme Head of the where an Islamic party had been command, hierarchy and disci- nation. victorious at the polls in 1992, only pline. Generals and colonels do for the army to intervene, nullify not understand democracy, the Hand of the US? the elections and take over the right to opposing views and civil government. The result was civil- liberty. One has to obey army com- Returning to Egypt, one can see ian deaths by the thousands, with mand; refusal invites being shot the hand of the US military behind the nation still fractured. at. It is as simple as that. the army coup; after all, the two armies have enjoyed close rela- Whenever peaceful change is im- Further, the military has never tions for over 40 years under possible in a society, violent change come to grips with managing an Sadat and Mubarak. becomes inevitable. The Egyptian economy and other pressing re- army is wholly responsible for quirements of modern state gov- Ever since the Muslim Brother- causing this crisis, and any junta ernance. Once in power, they are hood formed the majority in Egypt, rule, whether by puppets or di- most reluctant to depart. And even wider US geopolitical and strate- rectly, is doomed to fail. q when they leave the political gic interests dictate, particularly scene, they continue to play the with their paranoia of Islam after role of ultimate arbiter. the Iranian Revolution of 1979 Tommy Thomas, a leading and the 9/11 attack in New York, constitutional lawyer, is a Military rule inevitably breeds that Egypt was no longer in “safe long-time contributor to massive corruption, and the com- hands”. Hence, the lack of criti- Aliran.Aliran.Aliran. mon person is always bullied and cism by the US on the downfall of

Aliran Monthly : Vol.33(5) Page 29 REGIONAL Burma: Lest we don’t see, a genocide is in the making It is time for Burma’s pro-democracy movement to speak out against the targeted attacks on the Muslims in that country by Bonojit Hussain

equivocally opposed and con- fronted. “We have to ask ourselves whether we may have “We have to ask ourselves whether we may have Everyday incidents over-romanticized its battles against the junta as over-romanticized its battles against the junta as turn into riots a broader quest to bring pure, universal human rights to Burma, when in fact we had little evi- On 30 April, in a small town dence of a wholesale commitment to the principle called Okkan, 100 kms away of tolerance.” - Francis Wade (Thailand based from Rangoon, a Muslim woman Journalist and a keen observer of developments in on a bicycle bumped into an 11 Burma) in the context of Burmese pro-democ- year old Buddhist monk who racy movement within and outside of Burma. dropped his alms- bowl, dam- aging it. Soon a Buddhist mob gathered and went on a rampage killing at least one person and destroying several mosques and ince the summer of 2012 or ambivalent; many others have torching Muslim owned poultry SS Burma has seen po- shown that they actually belong farms and houses. SSS groms, massacres, riots to the ranks of fundamentalist of unprecedented scale who, in the pretext of unfounded The authorities later detained 18 against religious minorities, the “sense of self-victimisation,” are people allegedly involved in the latest being on the 30th April. A fomenting a near genocidal situa- riot, including the woman who few hundreds have been killed tion in the country. was involved in the accident with and a few hundred thousands the young monk, accusing her of have been rendered homeless. The non-sectarian democratic deliberate and malicious acts that forces within Burma would do a insult religion. Rangoon’s Deputy Much has been talked about how service to the country and to the Police Commissioner, Thet Lwin, it is a ploy by the hardliners in the world, if they can use their hard- while admitting that she had army and the post-reform govern- earned moral authority to put a bumped on to monk by accident, ment to stall further reforms. It stop to the riots from turning into told Reuters that “According to might be true to a large extend, but a full blown genocide. It is high our practices, we need to send her the silence of the pro-democracy time that all of us understand and for trial since she was involved in opposition is intriguing. While recognise religious fundamental- the root cause of the incident” and many from the “pro-democracy” ism as a social reaction with fas- that it was up to court to decide camp has remained either silent cist potentials and it must be un- her fate.

Aliran Monthly : Vol.33(5) Page 30 Since this latest incident of anti- where, according to official esti- statements and pamphlets explic- Muslim riots, it has been reported mates, 110 people were killed and itly or implicitly deny the exist- that Muslim villages have erected 125,000 people were forced to flee ence of the Rohingya ethnicity, bamboo fences around their vil- to refugee camps. demonise them, and call for their lages and armed themselves with removal from the country, even clubs and swords to protect them- State complicity sometimes using the phrase “eth- selves from possible attacks from nic cleansing.” The statements fre- the neighbouring Buddhist vil- In the last week of April, the BBC quently were released in connec- lages. released a video footage of tion with organized meetings and Meikhtila riots in Central Burma in full view of local, state, and na- On 20 March, a Buddhist woman where Buddhist monks in saffron tional authorities who raised no got into an altercation with the robe can be seen leading the mur- concerns.” Muslim owner of a gold shop over derous mob while police stood by the price of a gold hairpin in as onlookers. Various reports The government has denied that Meikhtila town of Mandalay Di- have also appeared that hints at security forces indulged in killing vision. According to reports, dur- State complicity, if not direct in- Rohingyas and Kamans in ing the altercation, the Buddhist volvement, in the recent rounds of Rakhine in 2012, it has also de- woman was slapped by the shop anti-Muslim riots. nied that security forces stood by owner and her husband thrashed while people were being butch- by the staff working in the shop. In a report released on 22nd April, ered and buildings were be Soon a mob gathered and started Human Rights Watch alleged that torched in the Meikhtila riots. Of- attacking Muslim-owned busi- the security forces not only col- ficial communiqué has claimed nesses nearly destroying most of laborated with Buddhist monks that security forces were overpow- them. That very evening four Mus- but also actively took part in kill- ered by mobs in terms of their sheer lim youth killed a Buddhist monk ing Rohingya and Kaman Mus- numbers. As has been question by in an alleged act of revenge. lims in Rakhine State last summer. various close observers, these Further, the report pointed out that claims defy logic that a security From the late evening of 20 March, the massacre was well planned. apparatus that has so ‘efficiently’ much of the Muslim dominated And even before it started, for and brutally suppressed various wards of the town were engulfed months the: widespread uprisings during the in flames. In the following 5 40-year military dictator- days, a Buddhist mob led ship, suddenly lost their systematic pogrom against nerve to be able to control Muslims which spread to 15 riots. Even though several other smaller towns result- dozens people have been ing in numerous charred arrested for the Central bodies, buildings and Burma anti-Muslims riots of mosques. According to offi- March and April, they have cial report at least 43 people failed to convict the perpe- were killed and several hun- trators, citing lack of evi- dreds injured. 13,000 people, dence - except for three Mus- in Meikhtila alone, have lims. been forced into refugee camps guarded by para- If the State machinery had military troopers. the will they could have brought the violence under con- This round of anti-Muslim riots “… Political parties, monks’ as- trol without much loss of live and in March and April are a bloody sociations, and community material. In fact senior army offic- reprise of last year’s massacre of groups issued numerous anti- ers and government officials have Rohingya and Kaman Muslims in Rohingya pamphlets and public been quoted on various occasions the western State of Rakhine statements. Most of the public since last year expressing un-

Aliran Monthly : Vol.33(5) Page 31 founded fears that Muslims country’s majority ethnic Bur- gime. Muslims and other non- would force their religion on Bud- mans. Buddhists were barred from the dhists and try to “steal” Buddhist upper echelons of the army and, women. Similarly, he opines, Burma’s top almost immediately after Ne Win’s politicians (with ties to the older coup, he expelled hundreds of In reference to Rakhine, a senior dictatorial regime) need to as- thousands of Indians from the minister is believed to have said semble a ruling coalition in the country. He also fostered a sense that if “they” are not deterred, the Parliament. But “unfortunately” of a Burmese identity strongly western gate will break (an obvi- for them, Aung San Suu Kyi’s linked to Buddhism, which has ous reference to the border with NLD has stronghold in the Bur- been the breeding ground for Bangladesh), and that human man dominated area. So, creating waves of anti-Muslim violence. rights don’t apply to Muslims. In a common Buddhist enemy, ie; the an infamous episode, drawing Muslims, is in the interest of both The military regime in Burma, comparison between the “dark the army and the politicians (ex- since the early days of General Ne brown” complexions of the military officers). Win, has used xenophobic vio- Rohingyas with the “fair and lence as a tool to bolster its own soft” skin colour of the majority of These explanations stand some interests and legitimacy, apart Burmese population, the Burmese ground, but remain unconvincing from the 1967 anti-Chinese, it has Consul General in Hong Kong, U on many accounts. It doesn’t take mostly been anti-religious minor- Ye Myint Aung, wrote a letter to into cognisance the fact that the ity in character. local newspapers and other Dip- history of post colonial Burma lomatic Missions in which he de- coincides with the history of the In 1978 Operation Dragon King scribed Rohingyas as “ugly as systematic persecution of Mus- was launched which resulted in Ogres”. lims. It fails to even mention the more than 200,000 Rohingyas indirect and direct role played by crossing over to Bangladesh as Many liberal commentators from various Buddhist monastic asso- refugees; in 1982 Rohingyas were among the Burmese Diaspora ciations in the riots. And it ab- disenfranchised under the have located the roots of the anti- solves Aung San Suu Kyi, other amended Citizenship Law. Muslim riots in the challenges that pro-democracy activists and the ruling elite face in the post-re- rights activists in Burma of any In 1997, the regime, allegedly, form era. A US-based Burmese ethical responsibility. used rising anti-Muslim senti- political scientist argues that ments and incited riots to deflect “supporting anti-Muslim extrem- A history of anti- criticisms of the regime’s pro- ism could help encourage a multi- Muslim riots China policy (and “State ethnic conservative alliance complicit” influx of Chinese na- among Buddhists and establish- The history of anti-Muslim riots tionals into upper Burma). ment forces. The state media’s in modern Burma goes back to the embrace of anti-Rohingya propa- colonial period, when, out of eco- In 2001, the regime’s own mass ganda bolsters this idea, and has nomic resentment, anti-Muslim front Union Solidarity and Mass helped the violence to spread be- (and largely anti-Indian) riots Association was accused of incit- yond its origin in Rakhine state”. broke out in Rangoon in 1930 and ing anti-Muslim riots in Taungoo. 1938. He elucidates, that in post-reform Worsening situation in era where the army has lost some However, it was after the coup of post-reform era of its power, it faces a big chal- 1962 that State-sponsored perse- lenge of re-consolidating by inte- cution of Muslims started. Gen- However, the authoritarian re- grating former insurgent fighters eral Ne Win and the military junta gime in Burma, was also capable from the Chin, Karen, Mon and that replaced him played the reli- of preventing and controlling ri- Shan minorities into the forces, all gious ultra-nationalist and racist ots if it was not necessary for its of whom are mostly Buddhist but card to manipulate the masses for own advantage. A case in point is hold bitter grievances towards the the entirety of the dictatorial re- the 2003 riots which was brought

Aliran Monthly : Vol.33(5) Page 32 under control rather swiftly, and (in the corridors U Wirathu (by now an infamous of power) who hate spitting Buddhist abbot) was wanted to di- sentenced for 25 years and put vert attention behind bars for inciting anti-Mus- from the lim riots. (He was released in 2010 Letpadaung in the general amnesty that was episode, the re- granted to prisoners.) cent riots were a blessing. Even though the recent anti-Mus- lim riots, as has been pointed out But, what is by liberal Burmese commentators, new about the indicate a post-reform power post-reform ri- struggle within the ruling elite – ots? corroborated by the video released the hard-line and moderate forces by BCC in late April). in the Government, nobody has It is no longer simply a state-spon- been able to convincingly estab- sored project. The State might still Burma’s Buddhist monastic or- lish that the riots were directly or- try to reap a harvest out of the ri- der, the Sangha, drew wide spread chestrated by the government. ots, and its soldiers might even admiration from the international help the mob to kill the “enemy”, community for the peaceful pro- However, what is clear is that the but the security forces is no longer democracy uprising against the recent riots started at a convenient in a position to dictate when, military regime in 2007. But the time for the government. After the where and against whom the ri- same Sangha now finds its repu- reforms undertaken by “reform- ots should take place. tation put to question by reports ist” President Thein Sein, public of saffron-robed monks playing a protests and strike action at facto- Once the restrictions and censor- lead role in the riots. ries have increased many fold. Un- ships loosened in the post-reform der Myanmar’s previous military period, the progeny of the seeds While the Sangha vouches by regime, public gatherings were of xenophobia that was sown into peace as a central tenet of Bud- forbidden, unions were outlawed the monasteries, schools and so- dhism, their approaches to the re- and protesters were imprisoned. ciety at large for the benefit of the cent riots have been less than con- military regime has turned out to sistent. Thitagu, a prominent ab- In late 2012, Letpadaung region be beyond any authority’s control. bot, in an interview with a Bur- saw an eruption of massive pro- The xenophobic campaign now is mese magazine Voice weekly said test against a controversial expan- out in the public and is that “In ethnically diverse Burma, sion of a copper mining project. transnational in character, or- members of different religions More than 3,100 hectares of land chestrated openly on social media should live together like water had been confiscated to make way websites. flowing together” for the US1bn expansion of the copper mine run by Myanmar U Wirathu and But in the same interview Thitagu Wanbao Mining, a joint venture the 969 campaign warned that “just like the Bud- between the Myanmar military dhist host has warmly welcomed and a subsidiary of a weapons The Human Rights Watch report other faiths into the country, the manufacturer, China North In- gives detailed accounts of the role guests should strive to get along dustries (Norinco). played by Buddhist monastic as- with the host. They should not tres- sociation in last year’s pogrom in pass on the host’s goodwill and In November, 2012, security forces Rakhine state. Various reports take over the home”. resorted to tear gas and smoke from affected areas in this year’s bombs to disperse the determined riots in Central Burma have de- However, in the centre of attention protesters who had surrounded tailed the leading role that monks is U Wirathu, the abbot of Ma Soe the mines for months. For those are playing in the riot (which is Yein monastery in Mandalay, who

Aliran Monthly : Vol.33(5) Page 33 heads 25,000 monks in his mon- tral Burma has been the clouded 125,000 displaced people. In re- astery. U Wirathu, with much reaction of the pro-democracy op- gards to the recent riots in Central pride, has called himself the Bin position. Many, including Aung Burma, she has called for rule of Laden of Burma. San Suu Kyi, has remained either law. silent or ambivalent. Early this year he launch the 969 Talking to The Week, Veteran Swed- campaign; and claims that the Some other pro-democracy activ- ish journalist and author of sev- movement draws upon the nine ists have even openly sided the eral books on Burma, Bertil Lintner attributes of Buddha, the six at- fundamentalist elements respon- points out that “If she condemned tributes of Buddha’s teaching and sible for the mayhem. Ko Ko Gyi, the attacks on Muslims many nine attributes of the Sangha; a prominent pro-democracy activ- Buddhists - her main constitu- hence 969. The campaign urges ist who spent years in jail for his ency - would turn against her. But Buddhist not to transact with lead role in 1988 student upris- if she says nothing, she’ll lose Muslims economically or socially ing, says that Rohingyas are ter- credibility in the international and to demarcate their houses rorists and is infringing upon community. She appears to have and properties from Muslims by Burma’s sovereignty. chosen the latter, and, conse- putting up the emblem of “969”. quently, criticism against her is “969” stickers have made its way Another pro-democracy activist growing among international hu- to numerous shops, taxis, buses and former political prisoner is man rights organisations and ac- and houses in several towns and quoted as stating that “if western tivists. From her point of view, that cities. nations really believed in human may be preferable to having do- rights, they would take the mestic opinion, which is fiercely Since the launch of the campaign, Rohingyas from us”. anti-Rohingya, turn against her.” in U Wirathu’s own words, the movement has reached far and Thousands of others from the Bur- U Wirathu, the hate-spitting wide with its formidable strong- mese diaspora in Australia, US, Sayadaw (venerable teacher), in hold being in Rangoon, Mandalay, Canada, the UK and other Euro- one of his anti-Muslim sermons, Moulmein and Sittwe. DVDs of U pean countries have jumped on to urges his followers to be patriotic Wirathu’s anti-Muslims vitriol are the bandwagon of hatemonger- and to think about long term out- in widespread circulation, his ing. Yet, many among them, are comes and not be lured by anti-Muslim sermons on Youtube pro-democracy and human rights shortterm gains. have been watched tens of thou- activists who escaped during the sands of times and there are thou- military regime as refugees to seek The non-sectarian democratic sands of followers on Facebook. asylum in these countries. voices within Burma urgently need to urge Aung San Suu Kyi to U Wirathu denies any direct in- Whither do the same and use her moral au- volvement in the recent anti-Mus- Aung San Suu Kyi thority to put a stop to the riots lim riots. However, as for the case from turning into a fullblown of the anti-Rohingya Muslim po- Aung San Suu Kyi, who is seen as genocide, lest the country slides grom, various observers strongly an icon of peace and of the quest back into history by another 50 believe that U Wirathu’s anti-Mus- for democracy the world over, has years. q lim vitriol did play an important maintained utmost silence on the role in the recent riots. anti-Muslim campaigns and kill- ings. Instead of forthrightly con- Whither the Bonojit Hussain is a demning the pogrom against New Delhi–based inde- pro-democracy Rohingyas last summer, she com- pendent researcher, and Opposition? mented on Radio Free Asia that an activist with New people should restrain themselves Socialist Initiative One of the disappointing facts that and should not fight among them- (NSI).(NSI).(NSI). has emerged during the Rakhine selves. This, by any standard, is a pogrom and recent riots in Cen- gross insult to the 110 dead and

Aliran Monthly : Vol.33(5) Page 34 cases of a serious nature where bail was allowed. They were only allowed bail today, eight days after they were jailed – and the injustice of it all was glaring.

While not condoning what the couple have done, we are appalled at the disproportionate response from some quarters – especially since the couple had apologised.

Considering that so many others who have denigrated other faiths – like Perkasa leader Ibrahim Ali who threatened to burn Bibles A record of Aliran'sAliran'sAliran's stand on current affairs. and Zulkifli Noordin who be- littled Hinduism, for example – have not been charged for their Alvivi, Ibrahim Ali and genuinely contrite or not, these belligerence, disrespect and utter Zulkifli Noordin: recent developments have given lack of sensitivity, the guardians forgiveness during them much publicity and atten- of our law have acted most un- Ramadan tion – even if it is not the kind they justly and inconsistently. We note might have been seeking. that Zulkifli apologised and no Bloggers Alvin Tan and Vivian action was taken; his hurtful Lee are now being charged for Unfortunately, the response from words were not held against him publishing a ‘seditious’ photo- certain quarters went overboard, and he was fielded as a candidate graph on Facebook of themselves particularly the prosecutor’s infor the general election – to the eating bak kut teh with a Ramadan sistence that the couple be denied indignation of many. greeting and posting content that bail and sent to jail while waiting could possibly stir religious hos- for trial – in stark contrast to other In the spirit of the holy month of tility. Vivian Lee and Alvin Tan People who hadn’t heard of this couple before have also learned that they had also published ob- scene photographs of themselves in their blog – which has led to another charge against them, even though at the time of the posting of these photographs, no action was deemed necessary. If action had been taken then, it would not have led to this second escapade.

Their stupid and insensitive behaviour has been rightly condemned by both Muslims and others. The couple promptly published an apology as soon as the furore erupted. Whether they are

Aliran Monthly : Vol.33(5) Page 35 Ramadan, we call upon all Ma- clearly acting as a dictator. His His communication and dealings laysians especially those in conduct is rather arrogant. with the DAP had clearly estab- power, to show compassion and lished the fact that the ROS had forgiveness to this misguided Why is it so difficult for him to be indeed recognised the officials couple as well as Ibrahim and rational in this dispute? Why is elected on 15 December 2012. Zulkifli and all others who have he reluctant to be courteous in pro- knowingly or unknowingly hurt viding details that are expected of The DAP leaders had acted and the feelings of their fellow Malay- him? taken decisions as duly elected sians, regardless of race and reli- officials of the party right up to gion. When he ordered the re-election this day. They were indeed per- of the CEC, he is obliged to state mitted to do so simply because Let us learn to accept our plural under which rule he is acting. He they have not been suspended as society as Allah’s gift. We should is obliged to point out the rule that officials of the party. therefore learn to celebrate our dif- empowers him to take the action ferences and continue to live in that he has. Why can’t the ROS accept the and peace harmony. In the final clarification provided by the DAP analysis, we are all God’s chil- He is obliged to state why he is in good faith? They have ex- dren after all. rejecting the DAP’s reply to his plained that there was no inten- show cause letter. He has to ex- tion to cheat in the party election Aliran executive committee plain why the DAP’s clarification and that there was a technical 25 July 2013 is not acceptable to him. glitch which caused the problem. This had been verified by the find- Dictatorial and It is ludicrous for him to order a ings of a firm of internationally Arrogant fresh election when he has been recognised auditors the party communicating with the Secre- commissioned to review the pro- The Registrar of Societies is a civil tary-General of the party as a le- cess. Is the ROS doubting the find- servant. He is expected to be civil gitimate elected official of the ings of this internationally in the discharge of his duties and DAP. He had even given his con- recognised auditors? humble in his conduct. This is sent for the Secretary-General to how rapport is cultivated with the sign the forms in that capacity Thinking Malaysians seem to be people whom he is there to serve. authorising the DAP candidates of the opinion that the ROS is un- to contest in the GE13. He had der orders to go after the DAP. Af- These virtues are totally lacking even written to the Secretary- ter GE13, the DAP has emerged in the Registrar of Societies in ad- General of the DAP consenting as the second biggest political dressing the issue involving the to the use of the party symbol, party in parliament. This is Democratic Action Party. He is the Rocket, in the 13 GE. viewed as a great threat to the powers-that-be. And therefore it has to be targeted for destruction.

To dispel that there is no truth whatsoever to this notion, the ROS must desist from acting and ha- rassing the DAP any further. He should in good faith and in good conscience accept their clarification and bring to a close this un- happy episode.

P Ramakrishnan Aliran Executive Committee 3 August 2013

Aliran Monthly : Vol.33(5) Page 36 Election Courts not blind eye to justice and perpetu- satisfy regulation 15 of the Elec- interested in justice ated a wrong that was crying for tion Petition Rules 1954. a remedy. The courts have thus alaysians are justifiably disap- undermined the voters’ confi- This is ridiculous. What about the pointed and disillusioned with dence in these courts. substantive issues which caused the election courts. They are hor- these petitions to be filed in the rified with the decisions of the It is grossly unfair that the courts first place? courts, which have failed to ad- should dismiss these cases on dress the substantive issues in the technical grounds. They seem to Couldn’t the Election Courts grant litigation. be oblivious to the fact that justice leave for the petitioners to rectify is all about fairness – not techni- the procedural defects so that the The litigants went to court to seek calities. This important element in court is able to render justice to redress because the election was redressing a wrong cannot – and these litigants? This is expected not free and fair. They were con- should not – be sacrificed on of a court that is concerned with vinced that they were robbed of flimsy and unconvincing justice and nothing else. their victory through manipula- grounds. tion, cheating and fraud. These By dismissing their petitions out- are the issues that should have All 19 cases thus far have been right on technical grounds, the been investigated by the Election dismissed on procedural Election Courts have unjustly Courts in order to arrive at a just grounds. The petitions were re- sanctified these fraudulent elec- decision. This is why they took jected on the basis that the petition results. A wrong is strangely their grievance to the Election tions had failed to comply with permitted to exist without remedy Courts. several regulations in accordance – with the sanction of the court. with Rule 9 of the Election Peti- This is totally unacceptable. But the courts chose to turn a tion Rules 1954 and for failing to To compound this issue, the courts have granted exorbitant costs. It appears these courts are punishing the petitioners for filing their cases. Aren’t the courts supposed to be arbitrators in issues involving right and wrong? Then, why are these courts punishing these litigants?

There is a rumour in circulation that the courts have been in- structed to dismiss all election petitions on technical grounds. Is there any truth to this rumour? Time will either confirm or debunk this rumour when all the petitions have been heard.

But, in the meantime, Malaysians are thoroughly appalled at the turn of events in our Election Courts.

P Ramakrishnan Aliran executive committee 1 August 2013

Aliran Monthly : Vol.33(5) Page 37 ANNOUNCEMENT Have you signed up for our new e-newsletter?

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As you may be aware, Don’t be influenced by those Aliran Monthly will be who want to divide-and-rule reaching the end of its 33- year-long journey. We have Dear friends and members, Upon identifying the dog trainer, six more issues left after the police acted very swiftly and which we will be going It is really sad that news making detained her for further investiga- fully digital via our website the headlines tends to be tions. Thankfully, she has since and e-newsletters. sensationalised and bent on cre- been released on a police bond. ating greater division and ani- Meanwhile, several NGOs have To continue being updated mosity between Muslims and come out to attack the video and and informed via analyses non-Muslims. For example, a interpreted it as being insulting to and commentaries, do sign video about a Muslim dog trainer Islam. The President of the Malay- up for our e-newsletters, (Maznah Yusuf) celebrating Hari sian Animal Welfare Society, how- which will be sent to you via Raya with her dogs was very ever, thinks differently and com- email. quickly labelled as “a non-Mus- mends Maznah for being a caring lim” insulting Islam. Although the animal lover. Sheenaz urges the We have a weekly e-news- video was uploaded three years authorities to be clear and make a letter that features commen- ago it went viral very recently and distinction between Islamic prin- taries and links to selected the initial assumption foisted on ciples and Islamic prejudices (see articles for the week. These the public was that the dog trainer Sheenaz Khan, 4 August 2013 ). free weekly e-newsletters featured in the video was a non- Readers should read her article are already being emailed to Muslim. and then decide on the reason- over 3000 subscribers and ableness of her arguments. have received encouraging Then no less than the Deputy feedback. You can see a Prime Minister was quoted by For a nostalgic look at what it was sample on the right. Bernama News as having asked like growing up in the 1960s and wondered aloud, why are “non- going through the national school In addition, we also have Muslims insulting our religion?” system, then we should read what free daily updates informing We are made to understand that Art Harun, 1 August 2013 wrote our online subscribers Bernama has since removed the in “Once we were beautiful”. about the latest posts on our post but the damage has already Many of us who are now in our website. been done. The Malaysian Con- 40s, 50s and older can relate to sultative Council of Buddhism, those wonderful times when reli- Do keep in touch! You can Christianity, Hinduism, Sikhism gion and ethnicity hardly ever sign up for these e-newslet- and Taoism (MCCBCHST) has mattered in the development of ters by visiting our website come up with a statement de- social relationships. It has dete- aliran.com and submitting nouncing the unwarranted accu- riorated significantly, and collec- your email address. sations against all non- Muslims tively, we need to examine just (see Chronicle, 2 August 2013). where we have gone wrong.

Aliran Monthly : Vol.33(5) Page 38 Freedom of religion is a basic Shias may be a minority in Ma- from idyllic. Nonetheless, we and fundamental human right. laysia but their fundamental hu- can be optimistic that Malay- The Islamic Renaissance Front man right to practise their reli- sians are in general peace lov- was shocked and horrified that gion should be duly respected. ing and respectful of each a Minister in the Prime other's beliefs and value sys- Minister’s department could The Registrar of Societies has been tems. Let us build on that announce that there was no vio- taken to task for ordering the DAP strength. We really mustn’t al- lation of human rights in the to conduct fresh elections for the low ourselves to be influenced banning of Shia teaching. Dr central executive committee (CEC) by prejudicial and myopic views Farouk points out that Shias and without giving any explanation as that tend to divide rather than Sunnis have lived side by side to why the reply of the DAP to the unite us as Malaysians. for thousands of years. He also show-cause letter of the ROS was points out that the “greatest deemed unsatisfactory. He has Aliran would like to take this op- guarantee of personal freedom also been urged to clarify under portunity to wish all Muslim read- for a Muslim lies in the Quranic which rule he is ordering the re- ers, “Selamat Hari Raya Aidilfitri, decree that no one other than election (see P Ramakrishnan, 3 Maaf Zahir dan Batin.” God can limit human freedom August 2013 ) . and that judgment as to what is Salam sejahtera, right and what is wrong rests Social relations among members Henry Loh with God alone” (see Dr Ahmad of different religions and ethnic Co-editor, Farouk, 28 July 2013). Hence the groups in Malaysia today are far Aliran E-newsletter

Aliran Monthly : Vol.33(5) Page 39 DEMOCRACY ‘Jangan pinda undang- undang sesuka hati’!

Mahathir’s advice that laws should not be easily amended sounds a bit rich coming from someone who did not hesitate to amend laws when he was in charge, observes Francis Loh.

ormer prime minister Tun Dr Mahathir ad- FFF vised the Najib government a few days ago that laws and acts which have been formulated and implemented should not be changed sewenang- wenangnya.

Doing so, because of pressure from one or another group, would only create trouble for the nation (Utusan Malaysia, 17 July 2013), he said.

Living in harmony?

The former prime minister opines that the rakyat were living peace- were enjoying a meal of bah kut teh! law have acted most unfairly and fully and harmoniously, mutually Although they have posted their unjustly. respecting one another, because of apologies for their stunt, theirs the existence of these laws which was a silly and insensitive post- Did the former prime minster also served as guidelines to good ing which was rightly con- speak out on those occasions? Of behaviour. However, things have demned. course not. After all, isn’t he the changed because laws like the ISA advisor to Perkasa? In fact, Utusan have been repealed. Nowadays But charging them with sedition Malaysia reported that he had there are even groups, he claimed, and denying bail? That’s a differ- made the earlier mentioned re- that are prepared to insult Islam. ent matter altogether. Considering marks after he had had a closed This happens when there are no that so many others who have door meeting with Perkasa presi- more laws, he stated. denigrated other non-Muslim re- dent Ibrahim Ali. ligions – like Perkasa leader The former PM was of course re- Ibrahim Ali’s threat to burn bibles In fact, the former PM also ex- ferring to the recent case of Alvivi, and Zulkifli Noordin’s belittling pressed concern over the Najib two young Chinese non-Muslims of Hinduism, for example – have government’s intention to intro- who had uploaded onto their not been charged for their bellig- website ‘Selamat berbuka puasa’ erence, disrespect and utter lack Continued on page 24 greetings to Muslims while they of sensitivity, the guardians of our

Aliran Monthly : Vol.33(5) Page 40