For Justice, Freedom & Solidarity

For Justice, Freedom & Solidarity PP3739/12/2009(022904) ISSN 0127 - 5127 RM4.00 2009:Vol.29No.9

Aliran Monthly : Vol.29(9) Page 1 COVER STORY Taking a stand There is no room for neutrality. We must be on the side of truth and justice at all times so that we can have the future we want by P Ramakrishnan

wo years ago, I remem- change without the struggle. They edy. TT ber telling the folks who fear that there may be upheavals TTT turned up at our Aliran when we fight for change. They That’s why, the struggle must con- celebratory dinner that want the good things to happen tinue – change will come. But we should deny the Barisan without stirring up the pond. change will never come without a Nasional its customary two “Don’t muddy the waters, don’t struggle. Let’s remember that. thirds’ majority in Parliament. ruffle the feathers. Let things be That majority was denied them in as they are. Change will come”. Frederick Douglas, one of the the last election. If only I had That’s what they say. greatest black activists of the 19th known that they would take my century who presented a strong suggestion so seriously, I would But we cannot take any more case for constant agitation against have said, “Change the govern- chances. We cannot tolerate an- all forms of oppression, said it ment”. We would have put a stop other 50 years of this rotten deal simply and logically: “If there is to the rot. that we have been subjected to. no struggle there is no progress. During the last 30 years, the na- Those who profess to favour free- Struggling for change tion was almost bankrupted by dom and yet deprecate agitation reckless extravagance; the squan- are men who want crops without Our theme this year is “The dering of our wealth has contin- ploughing up the ground. They struggle must continue – change ued unabated in spite of the Au- want rain without thunder and will come”. Indeed the struggle ditor General’s report exposing lightning. They want the ocean must continue. There should be no unbelievable corruption and without the awful roar of its many let up. Struggle we must - if we abuse of public money year in and waters.” want change. There is no option year out; our fundamental rights if we desire change. are in danger of being whittled It is a fact that the whole history away very soon. Justice is no in the progress of human liberty But there are people who want longer the last bastion for a rem- shows that whatever has been

Aliran Monthly : Vol.29(9) Page 2 EDITOR'S NOTE

This special issue features our recent 32nd anniversary fund (and fun!)-raising dinner in Penang. En- CONTENTS joy the photos by Amiruddin Ahmad in the centre pages, featuring highlights of the celebration of the struggle for justice event. COVER STORY ••• Taking A Stand 222 Our cover story features P Ramakrishnan’s address ••• The Struggle Must Continue... 555 at the dinner, urging Malaysians to take a stand on ••• Mama Mia! They Can Sing Too... 191919 the side of truth and justice at all times so that we can have the future we want. There is no room for neutrality. Taking up the theme, Francis Loh say FEATURES that it is critical this struggle continues to expand ••• A World Human Rights Day the public sphere so that there can be debate on al- Message To The Malaysian Govt 777 ternative ideas and insights. ••• Why We Need A Two-Coalition SystemSystemSystem 101010 The seeds of this struggle go a long way back. In our back-cover story, Hishamuddin Yahaya pays trib- ••• Asylum Seekers Still Face ute to the unsung heroes of the Merdeka struggle. Deportation Threat 151515 The struggle continues and with tongue in cheek, ••• Liberalisation Of Misery 272727 Angeline Loh thanks the BN government for mak- ••• Establishing An Anti-Discrimination ing Malaysians aware of human rights through its Law In An Asian Country 343434 rights violations. In a second piece, she warns that ••• The Pentagon Budget: sending back refugees to life-threatening situations Largest Ever And Growing 363636 in their home countries is yet another violation. ••• ‘Lembu Punya Susu, Zaid Ibrahim explains that the struggle for political Sapi Dapat Nama’ 404040 reforms can be furthered by a two-coalition system, which would give voters a strong alternative choice. REGULARS It’s also a struggle for economic justice. Jeyakumar ••• Current Concerns 232323 Devaraj warns that the liberalisation of services will make life more difficult for Malaysians especially the marginalised. OTHERSOTHERSOTHERS ••• Subscription Form 181818 And as Malaysians struggle for equality as well, it is timely to look at the challenge facing another Asian country, Korea, which is in the process of establishing an anti-discrimination law. John Smith Published by Thang has the story. Persatuan Aliran Kesedaran Negara (ALIRAN)(ALIRAN)(ALIRAN) 103, Medan Penaga, 11600 Jelutong, Aliran is an organisation for ‘social democratic reform’. We advocate freedom, justice and Penang, Malaysia. solidarity; comment critically on social issues, offer Tel: (04) 658 5251 Fax: (04) 658 5197 analysis and alternative ideas keeping in mind Email (Letters to Editor): the national and global picture based on universal [email protected] human rights and spiritual values. We are listed on the on the roster of the Economic and Social Council of Email (General): [email protected] 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.29(9) Page 3 achieved is the result of struggle. How could the Federal Court ig- charged in a court of law, deny- Nothing comes free. It is as simple nore the constitutional provision ing them the opportunity to de- as that! And there are many issues regarding the separation of pow- fend themselves, the struggle that demand that the struggle ers guaranteed in the Federal Con- must continue. must continue. Only then will stitution in the Perak crisis? And change come. yet the High Court upholds this As long as foul means are resorted provision as a matter of funda- to in toppling a legally elected There are too many restrictions mental principle in Gobind government as had happened in that are unfair; there are many se- Singh’s case! Perak, thus undermining the rule lective prosecutions that are bla- of law, frustrating the will of the tant; there are many actions Two contradictory judgments by people, demeaning democracy against dissidents that defy the learned judges that defy logic and and ignoring the fourth principle rule of law. This is why the bewilder simple folks like us! of the Rukunegar,a which up- struggle must continue. Change There have been occasions - and holds “good behaviour and mo- will come. they still exist - when you can pre- rality”, the struggle must con- dict the judgments when the panel tinue. If you cannot . . . of judges are announced! As long as unscrupulous politi- If you cannot march for freedom, Likewise, when the Royal Com- cians exploit race and religion to if you can’t light a candle for jus- mission that was set up to inves- agitate and inflame passions and tice, if you can’t wear black attire tigate the judge-fixing scandal in- emotions for their private gain to protest the death of democracy, volving V K Lingam found indis- and keep us divided as a people if you can’t fast for a cause, if you putable evidence against Lingam and as a nation through various can’t do yoga for your well-being, and recommended that action be discriminatory practices, the then the struggle must continue – taken against him and others im- struggle must continue. change will come. plicated in this sordid affair, the police and the Attorney General As long as the Election Commis- As long as our courts don’t deliver surprisingly found no evidence to sion does not conduct free and fair justice based on the merits of the prosecute them! Those shockingly elections providing equal oppor- case but continue to make a mock- implicated were top people in the tunity in radio and TV time and ery of the judicial system as had judicial hierarchy. All these insisting that news coverage happened in numerous cases, the tainted characters were cleared in should be without bias, the struggle must continue. Change spite of what the Commission had struggle must continue. will come. established after a thorough inves- tigation. As long as selective prosecution We wonder how the Court of Ap- takes place, putting the Opposi- peal could deny a person the coun- The struggle tion at grave risk and danger as is sel of his choice as had happened must continue the case on numerous occasions to Sivakumar, the Speaker of the involving BN opponents, the Perak State Assembly. It is such This is why the struggle for truth struggle must continue. an elementary thing; it is a simple and justice must continue if we question of natural justice. How want change to come. As long as As long as those elected by the could the learned judge ignore information is denied and surrep- people - be they BN or Pakatan this simple principle? titiously hidden from the public representatives – as long as they domain so that corrupt practices do not live up to their public How could the Federal Court dis- will never be known or exposed, pledges and betray the trust of the miss the appeal of the residents of the struggle must continue. people and do not pay homage to Kampong Buah Pala on technical truth and justice, the struggle grounds when there are substan- As long as the ISA is used and must continue. tive triable issues that should have abused and Malaysians are been addressed and determined? locked away without being Continued on page 35

Aliran Monthly : Vol.29(9) Page 4 COVER STORY The struggle must continue… change will come It is critical that this public sphere is expanded so that there can be debate on alternative ideas and insights about our past, our present, and our future by Francis Loh

t has been 32 years since emergence of a two-party II the formation of Aliran! system in Malaysia. This III But ‘thirty-two’, you two-party system, when might say, is not a par- consolidated, will con- ticularly auspicious number. No tribute towards the emer- doubt, many Malaysians, espe- gence of a New Politics cially those who are enamoured characterised by partici- with numerology, will wonder, patory democracy and why celebrate 32 years? For us, social justice, account- however, any additional year of ability and transparency, struggle merits celebration, more and is more multi-ethnic so this time because it coincides in orientation. with significant political change. Such a change also We refer, of course, to 8 March means putting an end to 2008, when the rakyat coura- the BN’s Old Politics, geously decided to deny the which is essentially eth- Barisan Nasional a two-thirds’ nic-based and thrives on majority in the 11th General Elec- ethno-religious bigotry, tion, and to usher in, instead, un- and is further tested Pakatan Rakyat govern- characterised by money ments in five states! politics, coercive laws and other restrictions. in New Politics, not Old Politics. If we struggle continuously, change will come. Appropriately, More than that, we believe that the Soul-searching the theme of this anniversary is conflict between Old Politics and just that: The struggle must New Politics is sharpening. Hence, When Aliran was formed in continue…change will come! even as we celebrate the change Penang on 12 August 1977, we that has occurred, we need to re- were one of a small number of Don’t get us wrong. We are not mind ourselves that the struggle NGOs which sought to engage suggesting that the PR-led govern- must continue to ensure that real with social and political issues. ments embody the change that we - not merely apparent - change Since then, Aliran has conscien- are struggling for. Rather, we wel- occurs. Put another way, watch tiously promoted the formation of come the results of the 2008 elec- out for the BN’s Old Politics, but a Malaysian civil society that is tion because they facilitate the watch out too that the PR ushers imbued with universal values

Aliran Monthly : Vol.29(9) Page 5 such as justice and freedom, equality for all regardless of gen- der and ethno-religious differences, community-building instead of individuality, and sus- tainable development. Aliran has always adopted a non-sectarian spiritual perspective which emphasises the universality of all humankind.

For 32 years, we have challenged the dominant discourses of political, social and economic develop- The Aliran Singers performing at the ment orthodoxies and attempted recent Aliran celebratory dinner to be a source of alternative analysis. Our critical thinking on new tic reports carried in the main- On this auspicious occasion, we and perennial issues has been stream media on the one hand rededicate ourselves to the presented in talks and forums and the criticisms uploaded onto struggle and invite all Malay- and carried in the Aliran Monthly the blogs and new media, often sians, especially all present to join (now in its 29th year of publica- done hastily, and not uncom- us. Change will come! tion!). monly leaning on speculation and sensationalism, on the other. For your continued faith in Aliran, Recognising the changing nature your support for Aliran Monthly, of our society and in light of the Greater emphasis will also be and our journeying together in changing political scenario, given to networking with like- this struggle, we thank you. q Aliran conducted a soul-search- minded NGOs with whom we ing exercise in mid-2008 to formed the Penang Forum in analyse these new developments 2008. It is hoped that, working and to identify our priorities for together, we might be able to The above is a longer ver- the future. These priorities include consolidate civil society while sion of welcome address continuing to publish Aliran expanding an autonomous by Aliran Secretary Prof Monthly, which many Malaysians public sphere. It is critical that Francis Loh at Aliran’s still consider needed. This is be- this public sphere is expanded celebratory dinner at the cause of the critical analysis of so that there can be debate on Moral Uplifting Hall in current developments contained alternative ideas and insights Penang on 24 October. within the magazine which con- about out past, our present, and trasts sharply with the sycophan- our future.

“It's the action not the fruit of the action that is important. You have to do the right thing. It may not be in your power, maybe not in your time, that there'll be any fruit. But that doesn't mean you stop doing the right thing. You may never know what results come from your action. But if you do nothing, there will be no result..” - Mahatma Gandhi

Aliran Monthly : Vol.29(9) Page 6 HUMAN RIGHTS A World Human Rights Day message to the Malaysian Govt

Many thanks, BN Govt! You have made us aware of human rights as a result of all your rights violations by Angeline Loh

n this commemoration of nition as a member of the ‘Inter- heights in competition with other OO international human national Human Rights Breakers countries in and outside the OOO rights, enshrined in the Club’. Asean region that have scaled the Universal Declaration of heights of international notoriety Human Rights (UDHR) born on The genesis of this achievement for human rights abuse. 10 December 1948; congratula- commenced 52 years ago from tions and thanks are conveyed to Day-One of Merdeka and still The Barisan Nasiaonal coalition the Barisan Nasional government continues to be developed and has laid the foundations for this for achieving international recog- fine tuned to unimaginable amazing process on its agreed

Aliran Monthly : Vol.29(9) Page 7 system of communal, racial and • Promoting a culture of money documented migrants, asylum religious political ideology juxta- politics, political scandals and seekers and UNHCR registered posed on the colonial capitalist ‘ rasuah’ practised by ‘well-inten- refugees) in violation of Article 5 economic framework set up by the tioned’ BN leaders and politi- of the UDHR. European colonial powers centu- cians, their minions and cronies. ries before Merdeka (Indepen- • Arbitrarily arresting and detain- dence) in 1957. • Suppressing our fundamental ing people without trial to keep Article 19 UDHR right to freedom law and order and your attempts Since then, the seeds of corruption of expression by a controlled me- to stamp out illegal immigration. that were sown on this founda- dia and draconian laws such as We are led to believe that we tion have taken root and grown the Sedition Act, the Printing should preserve a xenophobic at- into trees that spread their Presses and Publications Act, the titude towards migrants and that branches all over the land, bear- Emergency Ordinance, the Inter- violations of human rights under ing the fruits of corruption, nepo- nal Security Act (ISA), the Multi- Articles 3, 5,and 9 of UDHR are tism and cronyism from its very media and Communications Act, necessary for the preservation of top to ground-level seedlings. The the Official Secrets Act (OSA), the law and order and national secu- juices of corruption continue to Penal Code and the Dangerous rity. nurture and feed new shoots from Drugs Act. These have inculcated this parent tree. media self-censorship and taught ( Article 3 – Right to life, liberty ordinary citizen to be silent in the and security of person, Article 5 – Nonetheless, recent attempts have face of the denial of our basic hu- No one shall be subjected to tor- been made by the BN Government man rights and fundamental free- ture, inhuman or degrading treat- to prune what it deems the “weak, doms as well as our constitutional ment or punishment, Article 9 – unhealthy or mutant” off shoots rights. No one shall be subjected to arbi- to further ensure the continued trary arrest, detention or exile.) consolidation and strong growth • Denying our human rights and of its main trunk. The ruling party fundamental freedom to assemble • Denying the right to adequate has also made attempts to weed under Article 20 of the UDHR to health care and medical treatment out ‘threats’ posed by seedlings peacefully express public objec- (which is against Article 25 of the of other botanic species that may tion to or protest at implementa- UDHR) particularly of those de- be nourished from the ground and tion of policies that have adverse tained in immigration detention grow to share or dominate the effects on our lives including the camps (IDCs), including migrant same fertile soil. price hikes of essential goods and women and children, pregnant services. We are told by the PM women and women with babies So, on the birthday of the UDHR, himself that peaceful public pro- newly delivered. Being immigra- we remember the ‘achievements’ tests are ‘un-Malaysian’(unless tion detainees appears to justify of our government and grovelling- these public protests are held by the inadequacy of health care and ly thank them for making us more BN members) and that the govern- medical treatment for those suffer- aware of the existence of human ment is agreeable to our suffering ing life-threatening illness and rights and its importance to our in silence. disease, vulnerable infants, chil- lives and the world today. dren and women. In your under- • Closing an eye to brutality by standing these migrants are the We, the Malaysian people, subser- police and other enforcement per- second biggest threat to our na- viently thank the ruling Barisan sonnel from the Immigration au- tional security and therefore Nasional for the following re- thorities, Rela and MACC that should be shown no mercy or hu- nowned suppression of our hu- have resulted in an increasing manity. Their crime is to be found man and democratic rights and number of deaths in custody of on Malaysian soil without legally more that may still remain hidden suspects and the violation of the recognised documents or being from the public-eye. rights of those outside custody undocumented. How they came to (ordinary citizens, opposition be here or why they are here is to- We thank you for: leaders, documented and un- tally irrelevant and immaterial,

Aliran Monthly : Vol.29(9) Page 8 despite Malaysia’s ratification of taps. No doubt, the manufactur- belts. the UN Convention on the Elimi- ers of such devices are deeply nation of All Forms of Discrimi- grateful to you for bumping up • Depleting our natural forests nation against Women (CEDAW) their profits. by permitting logging in Orang and the UN Convention on the Asli and East Malaysian tradi- Rights of the Child (CRC). • Permitting environmental deg- tional customary land, adversely radation and hill-slope building affecting their culture and tradi- • Governing with a judiciary that construction without guarantee- tional way of life. You continue to is perceived to be less than inde- ing the safety of potential occupi- make your generous contribution pendent and with a justice system ers and residents in the surround- to poverty and climate change that is seen to be subservient to ing areas. We understand that the causing natural disasters around the Executive. The judiciary, like tragedies of Highland Towers the globe with your obsessive most of the national mainstream and Bukit Antarabangsa (to name pursuit of profit. media, is now perceived to be only two well-known high-rise di- within the civil service of the Gov- sasters) have diminished in your • Refusing to accede to or ratify ernment. political estimation and that it is the remaining seven major inter- now vital for you to support the national human rights treaties • Ousting the Pakatan Rakyat- demands of crony contractors and and the 1951 Refugee Convention, led Perak state government using developers to boost profits in cur- which will be treated the same sleazy tactics and money politics rently flagging economic circum- way as the Cedaw and CRC you to entice three over-ambitious and stances. have in your wisdom ratified only power hungry Aduns who had on paper. got themselves elected on opposi- • Sucking up millions of ringgit tion party tickets. The Perak elec- via the PKFZ debacle that may For all this and more, we thank torate are expected to accept or have been put to better use to im- you, our wise and well-inten- tolerate the violation of their civil prove the lives of millions of lower tioned government. and political rights enshrined in income and hardcore poor in the Article 21 of the UDHR. country through, say, the provi- Our awareness of what we lack sion of low-cost housing, shelters and our hope for a better future • Allowing non-transparent gov- for homeless people or provision will one day bear fruit, although ernment and the failing to consult and services for single-parents. not from the tree you planted un- the public before approving plans der whose overhanging branches for mega projects that adversely • Giving a share of our staple rice we now stand. affect ordinary citizens. The production to foreign investors to rakyat applaud you for these feed your cronies first while feed- We, the rakyat, will work hard at ‘white elephants’ although we ing the rakyat comes second. In our planting and will surprise have not yet seen any of the ben- your wisdom you advise ordinary you one day with how well we efits derived from them, so far. citizens of average means to con- have learned the lessons you tinue tightening our belts and be taught us. • Privatising public utilities and ever grateful to you for such well- making the cost of living rise by intentioned advice. We will be Ribuan terimakasih beratus-ratus kali leaps and bounds but paying entertained at the sight of your ganda! (A thousand thanks, hun- little or no attention to the quality lavish banquets in five-star hotels dreds of times over!) q of services provided. This has and bungalow houses, your glam- caused a boom in the economy of orous and fashionable clothes particular industries to alleviate and accessories, your botox-ed Angeline Loh is an Aliran daily difficulties e.g. getting a and re-constructed faces and fig- member specialising in in- clean water supply. Think of how ures, your hip hairstyles and ternational human rights many water filters are sold to en- luxury cars. We will share in your law.law.law. sure that homes can obtain clean, laughter to forget our rumbling crystal-clear water through our stomachs behind our tightened

Aliran Monthly : Vol.29(9) Page 9 POLITICS Why we need a two- coalition system The only way to have leaders who are accountable for their actions, to have a fair and just system and good governance is to have a strong alternative choice by Zaid Ibrahim

two-party system is one ented to the centre-left with strong would support Pas, and mainly AA in which two major par- union and workers’ affiliation non-Malays would support the AAA ties or two major group- whereas the Conservatives are DAP. So opposition parties thus ings of political parties more right wing and more averse far continue to be segmented, are dominate the voting in an election to Big Government. Most impor- not broad-based and have narrow at all levels. The obvious examples tantly, both parties represent the communal appeal. This helps to are Labour vs Conservatives in interest of all segments of society. justify the authoritarianism of Britain; the moderate Justice Party Umno, in the name of ensuring with Islamic roots vs. the secular that an acceptable coalition to all westernised grouping in Turkey; Malaysia has never been short of communities remains in power. and the Republicans vs the Demo- having an Opposition. But some That’s why the BN has ruled for crats in America. The two-party parties in the Opposition got of- 52 years. system is the outcome of an evo- fers that were too good to refuse lutionary process in which the and joined the Barisan Nasional But it is time for a change. main political players gravitate at one point or the other in our towards a common political phi- short history. These are political It is time for us to have two-party losophy. Ultimately, we discern in parties from Sabah and Sarawak. system/coalition ala Malaysia in most countries the creation of two We have also an Islamic opposi- which both sides are equally ap- separate groups that are philo- tion party in the shape of Pas and pealing to all communities in sophically distinguishable. So one a secular opposition party in the Malaysia. On one side, the can say that Labour is more ori- shape of the DAP but only Malays Barisan Nasional, and on the

Aliran Monthly : Vol.29(9) Page 10 other side the Pakatan Rakyat. changes need to be made to ening policy can be implemented. And both have to be as strong and strengthen the coalition and if it as representative as each other. means having a public spat is the Pas has a commitment to the Fed- But a Pakatan coalition is differ- way to do it, then so be it, we will eral Constitution; the issue is ent from the BN and in a most sig- accept that. merely how to tailor its social and nificant way. The BN is nothing moral policy accordingly. Engage- more than an Umno hegemony Whatever the weakness of the opment and public discourse is the supported by the wealthy Chinese position parties or our expecta- way politics work in a democratic and the Indian upper class. tions of them, I would like to ap- system and that must be respected. Pakatan, on the other hand, is a peal to the public to continue to I don’t think we want or need a people’s pact in which its compo- support the Opposition. A weak- strong theocratic movement to nent parties - the PKR, Pas and ened Opposition will ensure con- contend with within the Opposi- the DAP - stand together as tinued authoritarian and corrupt tion, always at odds with its part- equals. Umno can dictate what rule, and we must not let that hap- ners. For that, my friends, will be peace means in the MCA and who pen. On the other hand, the prob- the end of the Pakatan Rakyat. becomes its Deputy President but lems facing the opposition parties the parties in Pakatan have no are surmountable. “We can work Public discourse and engagement direct influence over one another, it out!” as the Beatles would say. I will instead get the people’s sup- other than through discourse and am optimistic because I am close port and, at the same time, show- discussions. Consensus is the enough to them to know that some case to the public that the Pakatan way for Pakatan; directives and of the problems simply stem from is a group of thinking politicians orders are the way of the BN. a lack of engagement with each who can formulate good policies other. Other reasons being that and who care about the commu- Of course, in our country the pro- our political parties do not devote nity. Not a group of reforming zeal- cess of a two-party grouping is in that much time and energy on ots who use religion as an excuse its infancy. Before the 2008 gen- policy deliberations, whether to deny others their lifestyle and eral election, the presence of op- amongst their members or with freedom. position parties in Parliament their partners. But I’m sure that was minimal. Now the Opposi- many of these problems can be The case of Zulkifli Noordin put- tion has 82 seats out of 222; it’s a solved in due course, if we are able ting forward suggestions to ban big step forward but it is still a to spend more time talking to each condom sales and to include the long way from reaching the magic other. syariah as part of the Federal Con- figure for them to govern. stitution is another example Confusion will reign when previ- where his party (and mine too!) Confusion and ously separate parties come to spends little time making clear its bickering power as a coalition. Hassan Ali political stance on many so-called probably thinks not selling beer sensitive issues. This fuzziness We all know that the opposition in some areas in Selangor is actu- and lack of commitment to a pact today is fragile, and some ally a good social policy. So he clearly defined policy in PKR al- people have described them as a thinks it is a Pas policy that he lows characters like Zulkifli to one-term wonder. This is mainly seeks to implement, and therefore champion his cause, whatever due to the constant bickering in he was prepared to ride that might be. He, like Hassan Ali, public among the parties and in- roughshod over the Menteri Besar knows he is not going to be disci- ternal disagreements over policies who is not from his party. If Pas plined because he suspects his and political ideology. Some has a clear social policy to dis- own party has not made a cat- bloggers have questioned the lead- courage alcoholism and depen- egorical stance on the nature of ership and quality of leaders in dency amongst youth on alcohol the Federal Constitution. In the the Opposition. The recent spat and drugs, for example, and such absence of such a position, it’s between Pas spiritual leader Nik policy is discussed within the open to Zukifli to want to promote Aziz and its party president is not framework of a coalition, then a his version of an Islamic state helpful, but having said that, some more enlightened and less threat- where the syariah rules supreme.

Aliran Monthly : Vol.29(9) Page 11 tance that will distinguish those who want to live in a democracy under a written Constitution from those who want a religious theoc- racy.

Pas should not strive to enforce compliance but instead seek ac- ceptance of its policies by consent and genuine support. Its religious platform should be modelled on social and moral premises that are acceptable to many religious faiths. A dynamic social and moral policy will be more acceptable; in fact, it is very much needed He is not alone. Dr Mahathir to the Opposition. The Opposition in the present times of drug de- Mohamad too has declared Ma- has to speak on major issues with pendency and a fragile social fab- laysia to be an Islamic State, alone voice, and with promptness ric. Pas’ moral policy must take though his own understanding of and decisiveness. The public will cognisance of common values that concept I suspect is different not accept in the future knee-jerk amongst people of different faiths, from Zulkifli Noordin’s. and populist posturing from must articulate about family val- Pakatan leaders. They want to ues and about a stable social or- Sacrifice for know where we stand. And they der. That is the only way Pas can common policies must rein in and discipline with- further its religious agenda without fear or favour those within out harming its support amongst So it appears to me that the three their parties who choose to disre- all Malaysians. parties in the Opposition have to spect the Pakatan’s Common spend time together to deliberate Policy Framework.(CPF) Pas must accept that the laws and on a Common Policy Framework. policies of the country are all in- They must first agree on these mat- The CPF will undoubtedly require terconnected. Any law even if its ters with their own party members sacrifice on all sides. They must applicability is confined to Mus- and then move forward together be willing to depart from their lims has grave implications and as a coalition. They must be clear present position, or the presenta- consequence to non-Muslims. We of the key policy areas they wish tion of those positions, to gain sup- live in a multi-religious country. to adopt and what they want to port. Pas and PKR must recognise We live in an interconnected do when in power. They must and respect the sanctity of reli- world. To live in harmony, laws abandon their suspicion of one gious freedom. They must and policies must emanate from another and not only be interested recognise in the constitutional the consent of the governed. Laws in maximising their party’s seat sense the limited role of Islam as must be discussed and deliberated allocation in the next election. the country’s official religion. before they are enacted. The citi- They must put their best people Limited, in the sense that Islam is zens, who belong to all faiths, will forward if they harbour any hope a matter of state laws and the states then accept just laws irrespective of changing the government. can only legislate on matters re- of their source. lating to the precepts of Islam. I am fortunate to have been given Limited, in the sense that these This is the meaning of the expres- the role of facilitating policy dis- laws must not violate the Federal sion “to abide by the Federal Con- cussions amongst the three par- Constitution. What is the limit stitution”. This is the meaning of ties. I will continue to offer sug- imposed by the Constitution must accepting the Constitution as the gestions that hopefully they will be deliberated and discussed and highest law of the land, which Pas accept to bring strength and depth finally accepted. It’s this accep- has done so in its manifesto.

Aliran Monthly : Vol.29(9) Page 12 Penang is a DAP fortress, so I have with each other, and unable to ens the status quo, whether it is a to be careful of what I say about parade capable and scandal-free group of politicians or activists the DAP. The DAP too must leaders, to inclusively represent protesting against abuses in gov- recognise the importance of affir- all communities in Malaysia in a ernment or a group of Indians pro- mative action as a tool to help re- complementary way, then the testing against their treatment and duce the economic gaps between abuse of power, endemic corrup- lack of opportunities. communities. The DAP too must tion and nationalist extremism we accept that the economic gaps be- are experiencing today will re- The PM, or as some of his admir- tween the Chinese and other main because the BN will con- ers would say the Thinking PM, bumiputras and natives are wide. tinue to rule. says his government is not a rac- There is therefore a need to pro- ist government. He might just as vide special assistance to these As such, we in the Pakatan have well add that his government is bumiputras, even to the Indians initiated a process of change. The also not a fascist one. After all, the and the Orang Asli. The DAP registration of Pakatan Rakyat as BN and Umno have a different must work harder to shed its im- a single party/coalition has been understanding from the rakyat on age as a Chinese party in that it agreed to in principle. I am now the more important terms and pre- must be more visible as a cham- sorting out the details. The Com- cepts. Like corruption in Umno is pion of other communities’ inter- mon Policy Framework has also not corruption but ‘money poli- ests too. The powerful Chinese been circulated to the three par- tics’, like gratification and bribery business community must reach ties. It is my hope and that of many under the Election Offences are out to help build the businesses that we will overcome all obstacles not applicable to Umno Ministers. of the other communities as well. and have a successful Convention And if bribery to the voters does There are many programmes that in December. not produce the desired result, can be undertaken to show soli- then just bribe the people’s elected darity of the Pakatan. BN and the high price representatives. we pay Registering Pakatan Also in Malaysia separation of as a coalition I have been brutally honest about powers means state legislatures the Pakatan’s problems. Allow can be taken over by force, as was We need to show that Pakatan is me the indulgence of being just as the case in Perak. In most democ- about the well being of the people, honest about the BN and why if racies, an independent Election not about big business, not about you keep voting the BN as it is to- Commission is the final determi- promoting conglomerates and mo- day, yesterday and tomorrow, nant of whether there is a vacancy nopolies, but about giving the op- Malaysians will lose out. in the State of Federal legislature portunity to all Malaysians to be but not in 1Malaysia. In this won- successful in business and mak- Many people still believe that only derland one can give any descrip- ing a head start in life. Business Umno, by way of the Barisan tion or interpretation to fit one’s skill and experience can be shared. Nasional, can offer a workable political agenda. Whatever the A richer and more equitable eco- power-sharing leadership to run description one gives to our coun- nomic system will benefit all com- this nation and to prevent infight- try, the fact remains that today the munities. There is enough in the ing from factionalism and racial rudiments of democracy are dead country for the people to share if polarisation. But this is a danger- and gone. We live in a country only we can stop the massive cor- ous delusion. In fact, it is these be- where the underlying philosophy ruption and wastage perpetuated liefs that are at the centre of Umno’s is the glorification of the PM and by the present government. I am political hegemony. This self-in- the subordination of the indi- saying all these as a friend and dulgent sense of indispensability vidual to the authority of the gov- such changes will be better for the and self-importance is causing ernment, and where the suppres- DAP in the long run. them to steer the nation to an au- sion of dissent is harsh. We live thoritarian rule. . It is this that has in a country where Umno is the If we in the Opposition remain helped justify in their minds their law, or as King Louis IV says, disunited, ideologically at odds right to quell any one who threat- “C’est a la moi.” I am the law.

Aliran Monthly : Vol.29(9) Page 13 What is the price that we ulti- afford to pay given the increas- sian mindset change, premised on mately pay as a nation, if this dis- ingly challenging global outlook. personal accountability, rational ease is not addressed? Clearly to and independent thinking, hard start with, we would continue to Restoring work and a sense of fair play. be cursed with a non-transparent faith and hope government without the capabil- If we want all of the above, then ity of functioning in a way that Authoritarianism, patronage, and the only option available to the respects the rule of law: a govern- nationalist extremism from any well-meaning people of this coun- ment that condones abuse of quarter destroy the key ingredi- try is to work hard towards a stron- power; a government ruled by a ents necessary for the Malaysian ger, united and more cohesive Op- group of oligarchs whose eco- community to really build on and position that can, given the man- nomic interests will supersede retain that wealth and knowledge. date, become an alternative Federal that of the rakyat; and a govern- True economic and scholastic suc- Government. A former PM has ment whose economic policy cess and competitiveness is a func- said that the Opposition would be favours the monopolists and big tion of instilling in the hearts and the ruin of this country. I beg to dif- businesses. minds of beneficiaries a set of new fer. Only a united and credible behaviours, around the capacity Opposition can save this country. If the public believes that the gov- and desire to take personal ac- The growth of anything new comes ernment is not beholden to a set of countability, to trust one another, not without pain and uncertainty. commonly revered values and to be achievement oriented, to de- So will it be with the Pakatan principles and its actions are velop a sense of curiosity, a sense Rakyat. The road to success is not tainted by racial biases, there will a solidarity that goes beyond our without its trials and tribulations. continue to be physical and emo- own ethnic clans and groups; so And success comes not without tional segregation of communi- that together we are able to build hard work, not without courage ties, regardless of what is done to this country together. We must do and not without hope. break such divisiveness. Our away with unprincipled politics economy too will suffer. and with Machiavellian methods The only way to have leaders who and instead seek to change with are accountable for their actions, The ultimate price that the coun- reforms that encourage the devel- to have a fair and just system and try suffers from the present politi- opment of a viable democracy and good governance is to have a cal culture of the BN is that a prosperous country for all. strong alternative choice that can Malays and non-Malays will con- compete toe-to-toe with the tinue to be denied a common sense So the people of this country must Barisan Nasional and that can act of ownership of Malaysia’s na- decide what kind of government as an effective check and balance. tion-building journey. The they want - and the country that It’s therefore imperative that we Sabahans and Sarawakians will our grandchildren will inherit. I move towards a two-party system. never feel they belong to Malay- believe the majority want a coun- sia. And instead of becoming part- try and a system that will restore Let us not shy away from the hard ners in this voyage to mature na- faith and hope for a united coun- work that is to come. Let us not lose tionhood, they will continue to try. Not the slogan and hype of hope. Pakatan will succeed. q bicker and remain suspicious and 1Malaysia but that of abiding distrustful of one another. And unity based on respect, trust and there will continue to be a brain recognition that all Malaysians are Zaid Ibrahim, a former drain of Malaysian talents who equal irrespective of ethnicity, reli- Zaid Ibrahim, a former Cabinet Minister who re- would have decided that they gion or region. We want a country Cabinet Minister who re- signed in protest over the would rather make their home that will ensure the best possible signed in protest over the use of the Internal Security elsewhere. And there will be fur- future for all Malaysians and a use of the Internal Security Act, is now working on ther exodus of capital and government that will practice good Act, is now working on formalising Pakatan as a brainpower that this government economics, uphold democracy and formalising Pakatan as a viable political coalition. will not be able to stop. This is a the Rule of Law. We want a gov- viable political coalition. high price that the country can ill- ernment that promotes a Malay-

Aliran Monthly : Vol.29(9) Page 14 REFUGEES Asylum seekers still face deportation threat Sending refugees back to life-endangering situations in their countries of origin is a violation of international human rights law by Angeline Loh

Aliran strongly urges the AA government to stop de- AAA portation of undocumented migrants some of whom could be asylum seekers qualifying for determination of their status as refugees by UNHCR.

Aliran was informed that on 7 October 2009, 207 Sri Lankan migrants were arrested and detained in the KLIA Immigration Depot. Among them were 15 women and six children. Some of them are fear- ful of being deported to their home country as their lives might be in ment claims, it is initiating these tion exercise at nearly 1,700 per- danger if they are repatriated. repatriations to re-employ jobless sons. A majority are said to be re- Myanmar migrant workers in luctant to return to their country Information received by Aliran their own country (www.china but might do so, forced by the in- recently is that UNHCR was re- view.cn, 7 October 2009), many human and squalid conditions in fused access to these Sri Lankan who have been found ‘undocu- Malaysian immigration detention asylum seekers and refugees by mented’ or whose documentation centres, where outbreaks of ill- the Malaysian Government, effec- was ‘unrecognised’ were de- nesses are increasing in frequency tively violating their right to seek ported prior to this official repa- due to bad food given to detain- asylum under Article 14 of the triation. In cases, UNHCR-regis- ees and insanitary detention con- Universal Declaration of Human tered refugees and asylum seek- ditions. Rights(UDHR). ers were known to be amongst the numbers deported out of the coun- A United States Committee for A few weeks ago about 200 try or sold to human traffickers. Refugees and Immigrants 2008 Myanmar migrants were repatri- report states that nearly 2,300 refu- ated in an official repatriation ex- Unofficial figures from a reliable gees and asylum seekers were de- ercise agreed between the Malay- source put the number of ported by Malaysian authorities sian and Myanmar governments. Myanmar nationals deported in to Thailand last year, and “at least Although, the Myanmar govern- the recent government repatria- 14 of whom Thai authorities de-

Aliran Monthly : Vol.29(9) Page 15 ported on to Myanmar”. Deportees are also vulnerable to being trafficked by human traffickers, as the report further explains.

Lacking humanity

Deportation of undocumented migrants, asylum seekers and refugees has been taking place as early as the 1990s (Los Angeles Times, ‘World in Brief, Malaysia, ‘317 Vietnamese Refugees Sent Home’ 20 April 1996), as Malay- sian immigration laws fail to com- asylum seekers. These conditions Nurhani Nurmi, who were both ply with international human have in fact worsened with reports deported with their parents from rights requirements and stan- of deaths occurring in immigra- Sabah to the Philippines. dards. tion detention centres this year due to contagious diseases, al- Timah Basir, 13, reportedly “died These arbitrary deportations leged torture by police and in of severe malnutrition and hy- amounting to refoulement (in the cases,unknown causes which poglycemia hours after the ferry case of asylum seekers and refu- have been revealed in a plethora left Sabah.” Three year old Nurmi gees) are in blatant disregard of of more recent reports and memo- died a day after arriving in Malaysia’s obligations as a mem- randa by numerous other Malay- Zamboanga, Philippines, from ber of the UN Human Rights sian and international NGOs con- chronic gastroenteritis, severe Council and the United Nations. cerned with migrants and refu- malnutrition and pneumonia. The concerns raised by various gees (e.g. NGO Joint Press Statement, (http://bpam.kpkk.gov.my, INQ7, quarters stem from the overall in- 25 September 2009). posted 31 Oct 2006) human treatment of ‘undocumented’ migrants who form the The 2004 AI Report stated Denial of international bulk of immigration detainees, amongst other things: “In any protection from arrest to deportation. case of mass expulsions, there is a risk that the expulsion will be Mass deportations of Acehnese (Refoulement is defined as the re- tainted with discrimination and were carried out in the years prior moval of a person to a territory arbitrariness, and will therefore to the 26 December 2004 tsunami where she/he would face perse- be inherently unlawful. The col- disaster that destroyed Aceh and cution. Refoulement constitutes a lective nature makes it virtually the subsequent peace agreement violation of the principle of non- impossible for the state to provide between Gerakan Aceh Merdeka refoulement, and is therefore a the necessary procedural guaran- (GAM) rebels and the Indonesian breach of refugee law and of cus- tees and to ascertain whether government. This was despite tomary international law ( http:// those expelled are some who are some of them being refugees and www.uniya.org). It is also a viola- legally entitled to be in the coun- asylum seekers. tion of Article 14 of the UDHR. try.” Since the peace agreement, the Conditions of detention remain Not only is deportation of refu- Acehnese are no longer classified “inhuman and degrading” as de- gees in violation of human rights, as refugees by the UNHCR. The scribed by Amnesty International the manner in which it is carried Malaysian Government should in its 2004 Report on mass depor- out is a process lacking human- not return or allow refugees and tation of undocumented migrant ity. This was clearly evidenced in asylum seekers to be returned by workers including refugees and the 2006 case of Timah Basir and force to situations that endanger

Aliran Monthly : Vol.29(9) Page 16 their lives. Doing so contravenes Survey 2008 - Malaysia). tion remain as lip-service to the principle of non-refoulement. Malaysia’s international legal Yet the Malaysian Government obligations to uphold and pro- The Malaysian authorities’ ac- persists in deporting migrants al- mote human rights for peace and tions in August 2003 undoubtedly legedly ‘undocumented’ includ- security in the region and in the revealed the intention to deny asy- ing asylum seekers and refugees, wider international community. lum seekers international protec- returning them to life-endanger- tion. In that year, Malaysian po- ing and human rights-abusive To improve the situation, the gov- lice set up road blocks around the situations that exist in Sri Lanka, ernment must: office of the United Nations High Myanmar and other countries • devise clear procedures to reg- Commissioner for Refugees from which migrants may emi- ister and categorise undocu- (UNHCR) in Kuala Lumpur and grate for safety reasons. mented migrants, “detained scores” of Acehnese • institute a moratorium on de- asylum seekers who wanted to be In 2003, assurances had also been portation/refoulement of asy- registered with UNHCR, prevent- given by the Malaysian govern- lum seekers and refugees, ing asylum seekers from being ment to the UN Refugee Agency • set up a mechanism to ensure registered with the UN Refugee that persons fleeing situations of that the UNHCR is notified of Agency. conflict “would not be sent back the detention of asylum seek- to a situation that could endan- ers who are undocumented, The UNHCR spokesperson said ger their lives and well being.” • allow the release of undocu- then in his press statement that (UN News Service, 5 Sept 2003) mented asylum seekers for reg- “because of the situation in Aceh This was with reference to the istration and assessment of “we believe that these civilian droves of Acehnese refugees who their cases by the UN Refugee Acehnese must be protected and had then sought safety in Malay- Agency, should not be returned to Aceh”; sia from the conflict in their home- • amend the Immigration Act where 600 people had been killed land. Yet, in September that year 1959 to include provisions in Indonesian government mili- UNHCR’s High Commissioner recognising asylum seekers tary operations against Acehnese publicly called for a moratorium and refugees, GAM rebels and a series of hu- on deportations of Indonesian • recognise UNHCR documen- man rights violations were known asylum seekers in Malaysia. tation, to have occurred. (World Social- • reverse policies categorising ist Web Site http://wsws.org) The High Commissioner noted asylum seekers and refugees as The same principle applies to all that reports of deportation of per- ‘illegal immigrants’, refugees and asylum seekers re- sons seeking asylum here were “at • ratify the 1951 Refugee Con- gardless of nationality. odds with the recent assurances vention, and from Malaysian officials…” The • fulfil Malaysia’s international Clearly, undocumented migrants, High Commissioner had also spo- obligations to uphold and pro- asylum seekers and refugees ken to senior officials in the For- mote human rights to maintain should not be returned to situa- eign Ministry and a high-level international peace and secu- tions in home countries where delegation was subsequently sent rity (UN Charter Art.1 and Art. they would face human rights to Kuala Lumpur to discuss ways 2) as a member of the UN Hu- abuse such as arbitrary imprison- of handling asylum issues to meet man Rights Council and the ment, persecution, torture and refugee protection needs (UN News United Nations. q possibly death. Burmese Service, ‘Malaysia: UN agency deportees who have returned to seeks moratorium on deporta- Malaysia after being deported to tions of asylum seekers’, 5 Septem- Angeline is an Aliran mem- Myanmar testify that they were ber 2003). ber with a special interest detained for “up to 5 months”, in the rights of migrant tortured and fined 6,000 to 50,000 In spite of these efforts by the workers, refugees and asy- Myanmar kyats (US$1,000 to UNHCR, the same reassurances lum seekers. US$7,900) (USCRI, World Refugee given by the current administra-

Aliran Monthly : Vol.29(9) Page 17 ALIRAN MONTHLY SUBSCRIPTION FORM

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Aliran Monthly : Vol.29(9) Page 18 COVER STORY Mama mia! They can sing too... The struggle may be ongoing but on the night of 24 Oct 2009 at least, Aliran supporters found reason to celebrate, as they joined hands in fellowship and camaraderie photos by Amiruddin Ahmad

Just before the dinner. Brisk sales of Aliran T-shirts while magazines were given out free.free.free. Aliran members Raphael Surin andandand Andrew Wong took charge of the table.table.the

Adding glitter to the occasion was international artiste Pete Teo, the producer of the 15Malaysia videos, who crooned his ballads and belted out a rock number..

Among those who turned up were Aliran members Sungai Siput MP Jeyakumar Devaraj and his wife Jerit coordinator Rani Rasiah. Here they are being greeted by Aliran president P Ramakrishnan.

Aliran Monthly : Vol.29(9) Page 19 The hall was packed with over 600 Aliran members, supporters, and well- wishers. Familiar faces were spotted among the crowd, who were just as excited about catching up with long-lost friends.

After the welcome address by Francis (see accompanying story) and the presidential address by Rama (cover story), it was time for the Aliran Singers to take the stage.stage.stage.

Aliran Monthly : Vol.29(9) Page 20 The Aliran Singers, reunited after a two-year hiatus, performed a medley of songs that were goreng-ed just for the occasion. Lyrics of popular songs were adapted to reflect the lighter side of the current political situation.

Ethnomusicologist Tan Sooi Beng provided the extra oomph for the Singers, whipping them up to shape with her sense of rhythm, accompanied by the tick, tock and thump of her instruments. .

Under the watchful eye of Prema Devaraj, the Singers had begun practising several months before the occasion - and the performance passed without any slip-up. Why, the audience even demanded an encore!

The moment Andrew Aeria put on a wig, the audience immediately guessed which BN politician he was taking a poke at. Here he is, singing his heart out with much gusto. The Singers took the mickey out of squabbling Pakatan politicians as well as Francis Loh sings a solo.

Aliran Monthly : Vol.29(9) Page 21 The Aliran Singers

Aliran Monthly : Vol.29(9) Page 22 A record of Aliran'sAliran'sAliran's stand on current affairs.

Is justice all about a tragic situation because it gives technicalities? the impression that judgments are farcical and on the whole totally alleged crime scene, along with It appears that the Opposition can unacceptable. When people lose witness statement of the alleged only win Round 1! Whether it is their faith in the judiciary, then the victim, Mohd Saiful Bukhari the Kampung Buah Pala case, or courts no longer stand as a bas- Azlan and that of other witnesses Nizar’s case involving the Perak tion for justice. as well as doctors’ notes.” crisis or Anwar’s case with regard to getting the vital evidence for his In the case of Kampung Buah The High Court also ordered the defence - that seems to be the case! Pala, there were triable issues that “medical reports on Mohd Saiful In all these instances, the High were very apparent to the High from two hospitals – Hospital Court had shown a lot of wisdom, Court but this was not a compel- Kuala Lumpur and Pusrawi Hos- had taken the pain to understand ling factor in Rounds 2 or 3. The pital – and other evidence the issues concerning these cases, villagers lost out simply because favourable to the defence to be and had delivered well-reasoned the judges failed to address their handed over to Anwar”. judgments that were impressive plea based on the principles of and well received by the people at justice. This is a very fair judgment con- large. sidering the fact that this informa- In Nizar’s case, the constitutional tion sought would eventually be But when it comes to Round 2, it provision which supported his made available to the defence dur- is zero! Disappointingly, at this position and which was ing the trial. If that is the case, and level, justice doesn’t seem to be the recognised by the High Court as a when the amendment to Section primary concern of the judges. All matter grounded in justice and the 51A allows this, what is the justi- they appear to be interested in is rule of law was completely over- fication in disallowing this vital finding loop-holes in the law or looked in Round 2. information to the defence at this they resort to technicalities to dis- stage? miss the cases. In Anwar’s case, the High Court, in respecting natural justice and When a person is charged and his The perception of the public is that recognising the amendment to freedom is at stake, he deserves to court verdicts are predictable Section 51A, ordered the prosecu- be given every opportunity to based on the panel of judges tion “to allow Anwar’s lawyers prove his innocence. However, empanelled to hear cases. This is to inspect CCTV recordings of the the Court of Appeal had over-

Aliran Monthly : Vol.29(9) Page 23 looked this very important prin- Justice Alizatul was absolutely What this means is that he had ciple, giving the impression that correct in stating, “In my view, tried to deceive the speaker by the court is not concerned with Article 51 sets out the conditions claiming to be sick by producing justice and hardly looks at the which render the seat to be va- a sick medical certificate. This substantive issues which deserve cant.” brings into disrepute his integrity their critical attention. which is very unbecoming of him She further emphasised, ‘…I do as an elected representative of the P Ramakrishnan not think the EC can override the people. PresidentPresidentPresident power of the speaker under Article 7 November 2009 51 of the Kedah Constitution.” This raises the question: Was he genuinely diagnosed as being High Court Upholds This is the legal position as far as sick or was the sick certificate the Kedah Constitution is con- dished out by a friendly doctor to Kedah Constitution cerned. It is quite plain and simple cover him? Would the MAAC care and easily understood by the lay- or dare to find out the truth? Aliran welcomes the Kuala man himself. Lumpur High Court decision de- Now the next question is how claring that the Kota Siputeh seat But in spite of this, the EC tried to would this case fare in Round 2? has been vacated. In doing so, the bring in issues that were not ca- Aliran had observed that the Op- High Court has upheld the inter- tered for in the Kedah Constitu- position could win Round 1 quite pretation of the Speaker of the tion. It is ridiculous for the EC to convincingly based on the legal- Kedah state assembly that under insist that Abu Hassan should ity of the matter but in Round 2 it Article 51 of the Kedah Constitu- have been referred to the Rights inevitably would lose notwith- tion the incumbent assemblyman and Privileges Committee before standing the fact that the law was for Kota Siputeh Abu Hassan he could be disqualified. This po- on their side. Sarif was no longer an assembly- sition is not supported or justified man. by the provisions of the Kedah Will this pattern be repeated? Constitution. Justice Alizatul From what we have observed Abu Hassan, the assemblyman, rightly and appropriately dis- and commented on 7 November had inevitably forfeited his seat by missed the EC’s stand that Abu 2009 – Is justice all about tech- being absent from two consecutive Hassan was still the assembly- nicalities?nicalities?nicalities? - it appears that this sittings of the assembly without man for Kota Siputeh as “an irra- pattern is waiting to be repeated. the permission of the speaker. tional decision.” We witnessed this in the Kampung Buah Pala case, in the This simple fact was very obvious Justice Alizatul was correct in Perak crisis concerning Nizar, from the outset but the Election concluding that the speaker “did the peoples’ Menteri Besar, and Commission took a position that not act unreasonably in rejecting in the application of Anwar for not only differed from the the medical certificate dated Aug evidence that he was entitled to speaker’s interpretation but it to- 10, 2009 after knowing that the as- but denied. tally ignored Article 51 of the semblyman had also attended a Kedah Constitution with regard function on the same day.” Not only the credibility and integ- to the definition of ‘two consecu- rity of the EC is at stake but more tive sittings”. The last- minute attempt to con- importantly the judges in the vince the speaker that he was sick higher hierarchy must convince The EC’s decision was glaringly and therefore could not attend the the public that they are capable of apparent that its position was assembly sitting did not hold wa- living up to their oath of office and perceived to be blatantly pro-BN, ter. The veracity of he being sick render justice impartially. confirming the accusation that the on that day is questionable be- EC is incapable of being a neutral cause he had attended another P. Ramakrishnan body discharging its duties with- function on the same day nullify- PresidentPresidentPresident out fear or favour. ing the sick medical certificate. 19 November 2009

Aliran Monthly : Vol.29(9) Page 24 LEMBU PUNYA SUSU, SAPI DAPAT NAMA Continued from page 40 was followed by Soekarno meet- Malaya’s first independent move- taboo to them. Umno’s greeting ing Dr Burhanuddin Al-Helmy to ment was formed. It was a politi- was “hidup Melayu!” plan strategies for both countries’ cal party called Parti Kebangsaan independence. Though both at- Melayu Malaya (PKMM). Its The other reason Umno opposed tempts failed for various reasons, founder members were Malays of independence was that the the seeds of independence had Indonesian descent, notable Malays were poor and unedu- been sowed long before the exist- among them were Ahmad cated; left to themselves, Malaya ence of Umno. Boestamam and Musa Ahmad. would be a failed state. The party published its first Ishak Haji Mohamad’s secret trip newspaper called Suara Rakayt at The PKMM, on the other hand, to Japan was risky business, in- Hale Street, Ipoh. The contents thought otherwise. The party viting prosecution for treason, were one hundred per cent politi- wanted independence first; then punishable by death, but such cal. In no time, PKMM opened there would be ample opportunity was the dexterity of this pure na- branches all over the country with to educate the Malays as the coun- tionalist. Though he was in the its headquarters at 2 Batu Road try was rich in natural resources, colonial civil service at that time, (now Jalan Tuanku Abdul and it would not be a failed state. his patriotism and love for the Rahman) Kuala Lumpur. It did These opposing positions divided country was never sacrificed to the not take long for Pak Sako and Dr the two parties and led to enmity. colonial masters he served. In fact Burhanuddin Al-Helmy to join it was while in Japan that the the party. PKMM and the labour name Sako was begotten. The Japa- movement nese found it difficult to spell and “Merdeka!” was the greeting of pronounce his name Ishak, so they party members whenever they Enhanced by its committed lead- called him Isako. Later it became met. It was said in a spirited voice ers, the PKMM was a symbol of his pen name, Pak Sako. with clenched fist brought to the solidarity. The spirit within party chest. Anytime and anywhere members raged like wildfire. Indonesia’s they met, the greeting was Branches and bureaus were estab- independence “Merdeka!” lished. Apart from the youth and women’s wings, labour, agricul- The independence of Indonesia Formation of Umno ture and religious bureaus were on 17 August 1945 triggered fire established. The labour bureau in the hearts of Malays of Indone- The United Malays National was the most active and most suc- sian descent. After all, Indonesia Organisation (Umno) was formed cessful political agitator. Through was the “motherland”, separated in June 1946, six months after the it, the PKMM penetrated the Ma- only by the narrow Straits of Mal- formation of PKMM. It was estab- layan labour movement, which acca. Both were Malay lands; and lished with the sole objective of op- was very responsive to the if one could gain independence, posing the proposed Malayan former’s presence as the living why not the other? Furthermore, Union which relegated the pow- conditions of the labourers at that an independent Indonesia could ers of the Malayan Rulers to the time were deplorable. In fact, the provide moral and material help British Residents. Umno was not presence of the PKMM was wel- to Malays in the struggle for inde- an independence movement. In comed and long awaited. pendence. Thus, begun the dawn fact, it vehemently opposed inde- of Merdeka. pendence as the leaders were Incidentally, the Malayan labour mostly colonial civil servants who movement had affiliated itself The formation had sold their lives and soul to with the world labour movement, of PKMM their colonial masters. Not only the World Federation of Trade was Umno opposed to indepen- Unions(WFTU), whose headquar- It was not until early 1946 that dence, the word “Merdeka”was ters was in Paris, and not with the

Aliran Monthly : Vol.29(9) Page 25 jobs a little longer.

With PKMM banned and its leaders incarcerated, the only organised movement that domi- nated the political scene then was Umno, which was seen as a safe bet. Firstly, most of their leaders were British educated and had embraced British culture and values ever since their high school days in Britain or at the Malay Col- lege Kuala Kangsar. Secondly, they were mostly the sons of the Malay rulers and chieftains who Prominent figures in PKMM and API had been close to the British. These people had regarded the British as their icons and mentors American-controlled Interna- terests were in jeopardy. The rub- and viewed them as their savoir. tional Labour Organisation (ILO), ber and tin industries, the main- whose headquarters was in New stay of the British economy, faced Umno, York. The WFTU was leftist in- imminent paralysis. By this time the opportunist clined, and with the Malayan the colonial government had sent labour movement affiliated to it, a loud and clear message to Umno was quick to siege the op- the PKMM’s penetration into the Whitehall. By this time, Whitehall portunity. With its adversary, the movement heightened British sus- realised that the independence of PKMM banned and driven into picion of the party. India and Indonesia had given oblivion, Umno took over where impetus to Malaya to free itself the PKMM had left off. From an Organised strikes from the shackles of colonial rule. anti-Malayan Union organi- This aspiration could no longer sation, it suddenly assumed the Between 1946-1948, the labour be contained and sooner or later role of a force fighting for indepen- movement was so active (except Malaya had to be given its inde- dence. The British were very com- in Kelantan, Terengganu and pendence. fortable with Umno’s new role, Kedah) that intermitternt strikes and negotiations for indepen- almost crippled the rubber and tin Independence dence took off. industries. The port workers of on a silver platter Singapore too joined in the The negotiations that followed strikes, crippling Malaya’s major The British had learnt that inde- were mainly technical and fo- port. pendence achieved through war cussed on two major issues: to not only resulted in the loss of life prepare the country’s constitution As expected, the British operative and property, but left a grudge and to agree on the date of the dec- policy of divide and rule was im- within the beneficiary state, result- laration of independence. A body mediately put into action. While ing in the nationalisation of the was formed, headed by Lord Reid, pretending to acknowledge the colonialists’ assets. This meant to look into a constitution and the labourers’ plight, the PKMM was the British could lose everything. date of independence was agreed declared illegal and its leaders in- So the only option was for a nego- as 31 August 1957. For political carcerated. tiated independence. The ques- exigency, Umno would have to tion then was who would be the forge an alliance with the ethnic The organised strikes did not ease British protege so that their assets with the banning of the PKMM. would be fully protected and the Continued on page 33 Day by day, British economic in- expatriates could hold on to their Continued on page 33

Aliran Monthly : Vol.29(9) Page 26 ECONOMY Liberalisation of misery Liberalisation of services will make life more difficult for the majority of Malaysians and fuel resentment among the marginalised by Dr Jeyakumar Devaraj

cal capital to provide a service that was previously provided by the government is one form of liberalisation. Allowing foreign capital to invest in Malaysia’s services sector is another form of liberalisation.

Najib is telling the nation that opening up the services sector in Malaysia so that businessmen can invest freely would benefit the country by • stimulating the growth of these sectors • bringing in foreign invest- n 22 April 2009, Prime nounced measures to liberalise ments OO Minister Najib Razak the banking sector in Malaysia, • bringing in expertise. OOO announced that Malay- allowing nine new banking and sia will be liberalising 27 insurance licenses and easing for- This will generate business – con- service sub-sectors by dropping eign ownership limits for non- sumers from other countries in the the NEP requirement that 30 per commercial banks. Najib also said region may come and purchase cent of all shares offered by a com- the government would be pro- high quality services in Malaysia, pany seeking registration on the gressively liberalising the other thus growing the Malaysian Stock Market should be reserved service sub-sectors on an on-go- economy and ultimately benefit- for bumiputra individuals or in- ing basis. ing the rakyat. terests. According to him liberalisation of services is one of What is going on here? Are these The larger the key strategies to propel Malay- changes good for ordinary Malay- framework sia from being a middle-income sians? nation to a high-income nation by To understand where Najib is creating a conducive business “Liberalisation”? coming from (and where he is environment to attract invest- steering the country) one needs to ments, technologies and higher Liberalisation refers to the reduc- appreciate that the philosophy of value employment opportunities. tion or abolition of rules that re- government has changed drasti- strict private capital from doing cally in the past 60 years. There Five days later, Najib again an- business. Measures that allow lo- have been two main approaches

Aliran Monthly : Vol.29(9) Page 27 to governing in the non-communist or “free world “ since the end of the Second World War. One is the social democratic approach that was dominant in the first 30 years after the war, that is from 1946 to the mid-1970s. The other is the neo-liberal approach that gained dominance from 1975 on- wards. The main differences are tabulated below -

Over the past 30 years, the neo- liberal approach has become dominant and has brought about the progressive “liberalisation” of the economy: the removal of more and more of the restrictions put up to control/regulate private capital. Najib’s policy initiatives are part of that pro-business en- deavour.

Social democratic approach to governing Neoliberal approach (Free market) (Welfarist)(Welfarist)(Welfarist)

The main difference lies in the way capitalists The neo-liberals believe that unfettered capital- are viewed. The social democrats believe that ism will lead to faster growth and this will help the State should intervene to ensure the inter- everyone even the poorer strata. ests of the poorer strata of society are not ne- glected by capitalists in their rush for profits.

ThereforeThereforeTherefore ThereforeThereforeTherefore • big government • Minimal government intervention • many laws and rules that limit what capi- • More freedom to the capitalists talists can do • Bring down taxes. It reduces the incentive of • high taxes capitalists to invest. • State involvement in provision of basic • Basic amenities are said to be more efficiently amenities provided by the private sector

This translates into the welfare state that was This has meant set up in Western Europe in 1946 – 1975 • Free health care • Larger co-payments for essential services • Free education • Privatisation of essential services • Unemployment benefits • Reluctance to introduce minimum wage bill • Subsidised transport-Subsidised housing for • Housing left to developers. Removal of restric- poorer strata tions to selling houses to rich foreigners • Many specific programmes targeting groups • Lowering direct taxes of the poor • New indirect taxes such as the GST which • High taxes for corporations and the rich burden the poor

Aliran Monthly : Vol.29(9) Page 28 Impact on professionals. Numerous mea- a generation of non-Malays get ordinary people sures were taken to discriminate college education in our country (rakyat jelata) in favour of Malay professionals instead of going overseas. and businessmen – bumiputra The table at the bottom of this policy – and the 30 per cent quota But the Malaysian government’s page attempts to summarise the for bumiputras in the allocation involvement in the economy was impact of neo-liberal (new liberal) of shares is one such measure. not confined to policies to promote economic policies on ordinary the Malay businessmen and pro- people – The abolition of pro-bumiputra fessionals. Several earlier policies measures will obviously be wel- ensured that the poorer strata got So, who does comed by the non-bumiputra busi- better essential services – like liberalisation benefit? nessmen and professionals, for health care for example. The weak- then some of the restrictions ening of pro-poor policies due to It all depends on the type of inter- against their participation and / the liberalisation drive will obvi- ventions that the Government has or promotion are removed. This is ously worsen the lot of the poorer been making in the economy and why the Chinese Malaysian busi- strata in Malaysia. the specific liberalisation mea- ness community may be quite sures taken. In Malaysia, among happy with Najib’s liberalisation Let’s take the promotion of health other things, government inter- moves. This is also one reason that tourism, a classic example of a vention in the economy has been the Chinese middle-class was liberalisation initiative. Who ben- to promote the development of the happy with Mahathir: he allowed efits? Who loses out? The table Malay business class and Malay private education, and this helped next page provides an analysis -

SectorSectorSector Benefit to society Disadvantages

Health Care Many high quality private Aggravated the brain drain and has led to hospitals have been set up. poorer quality of medical services in the Encouraging the government hospitals. growth of private (The “more choices” argu- Hospitals ment.) Even the poor go to private hospitals because of loss in faith in government Probably played a role in hospitals. reducing the emigration of Malaysian doctors to richer Illnesses can cause financial countries. catastrophe to families.

Education Helps non-Malays by-pass the Financial burden on families. bumiputra quotas and still get Encouraging tertiary education. Many graduates start out life with a debt. growth of private colleges and Cheaper tertiary education Makes students and young graduates more universities compared to going overseas. “business minded” and less inclined to look into the problems of society.

Several private colleges that are substan- dard – giving very poor quality education.

Water, electricity, Work it out yourself! Overall leads to more inequality and social postal services, exclusion highways,

Aliran Monthly : Vol.29(9) Page 29 Top 15 per cent of the income pyramid

Managers, lawyers, Get well paying jobs in the privately owned hospitals catering accountants, senior doctors for health tourism

Big businessmen, BN Get world class medical care in private hospitals as they are politicians, executives in big wealthy or because their employment contract gives them this private corporations perk.

Companies selling medical Will have a much larger market to sell to! equipment and medicines

Entrepreneurs in the hotel and Will benefit from the arrival of health tourists travel industry, restaurants

Next 20 per cent of the income pyramid

Normal doctors, nurses, May get better paying jobs in these hospitals. But if liberalisation radiographers, lab technicians extends to allowing the import of these categories of workers from India, Philippines, Burma etc, then that would push wages and bargaining power down!

Businessmen e.g. tour May get a boost in their business from the influx of the families operators, restaurant owners, of health tourists. Effect will be limited to the area close to the shopping centres private hospitals involved

Middle-income families Have access to high quality medical care. But many of them (RM3,000 to RM8,000 per will not have employer-paid medical insurance, and the nor- month) mal health insurance may impose restrictions on treatment in more expensive private hospitals.

Poorer 65 per cent of the population

May get ordinary jobs in these But pay will be kept low by existing out-sourcing tactics and hospitals the presence of 3 million lowly paid foreign workers.

Theoretically have the “choice” In reality, they cannot afford the high premiums for this kind of of high quality health care health coverage.

They will still have to depend on the government health care system which will be even more under-staffed and run down because of the exodus of trained staff to the private hospitals.

The government

Should be able to earn more But one of the liberalisation plans is to reduce corporate tax from taxation of these rich from 26 per cent currently to about the Singapore rate of 18 per private hospitals cent over the next few years.Also if foreign companies are allowed to invest in these private hospitals, they will tend to transfer out their profits to low-tax havens by means of “transfer pricing”

Aliran Monthly : Vol.29(9) Page 30 to one another, carried on an uninter- even more opportunities to in- Transfer pricing – a mecha- rupted, now hidden, now open vest in low-wage countries and nism by which a corpora- fight...” the leverage to launch an as- tion can transfer its profits sault on the previous gains of out of a country with higher There has been a significant dete- the working class in their own tax rates to a country with rioration in the political position countries. minimal tax rates by buy- of the working class in the 20 - The erosion of the power of the ing good and services at years from 1980. Basically, the state to appropriate a larger much higher prices from capitalist states of the West won portion of the surplus amassed subsidiary companies reg- the Cold War. Their victory is re- by corporations resulted in istered in the low tax-re- flected in three separate sets of budgetary constraints for the gime country. events state, cutbacks on welfare provisions, user-pay regimens and • The defeats of large mass-based the shifting of the tax burden leftist movements in several coun- onto the working class in the From the table on the previous tries. The Parti Komunis Indone- form of Value Added Taxes page we see that sia for example was devastated in (GST in Malaysia, 2007) • Liberalisation can stimulate 1965 by the right wing coup un- economic activity, and can leashed by Suharto – several hun- • Communism and socialism be- grow the GDP and perhaps dred thousand communist mem- came discredited. The ideologists provide jobs. bers and supporters were mur- and propaganda agents of the • Some people especially the top dered. Pinochet’s coup in Chile West succeeded in persuading professionals and some busi- decimated the left forces that were many people that nessmen will have a chance to supporting Allende’s experiment - “Free enterprise” is the only make more money in introducing socialist policies economic system that can sus- • The top 20 per cent of the popu- democratically. In Malaysia, the tain a democratic political pro- lation may have access to ISA was used with brutal effect on cess. world-class services. the Socialist Front and was one - Socialism is against human • But the poorer 65 per cent will main reason why the Labour nature for it tries to suppress be affected adversely – the Party, which had built a signifi- individuality and self-interest. quality of the health services cant mass movement, folded up. Therefore socialism and com- they now enjoy will deteriorate munism must rely on force and even further. • The weakening of the Soviet authoritarian methods to force Union and the Eastern Bloc due people into a mode of Why has there been to internal problems which led in behaviour that is against their such a major change the late 1980’s to the complete col- real nature. in the policy of our lapse of these States. This greatly - The planned economies were country? eroded the bargaining power of inefficient and wasteful. That the working class throughout the is why the level of living in the Certainly not because of the cha- world because Eastern Block was so much risma of the Mahathirs and the - the disappearance of an alter- lower than the level in the Thatchers. Marx tells us the his- native economic system that “free” West! tory of mankind is determined by was not based on private own- - Socialism and communism the struggle between different ership of the means of produc- are against all religions, and class interests – whether or not we tion removed the “danger” of their intention would be to perceive it consciously. defections of more nations to make atheists of everyone. the Soviet bloc. “The history of all hitherto existing - the re-integration of the Soviet A lot of this is of course rubbish, society is the history of class Union, Eastern Europe and but nonetheless, is accepted by struggles.. . . Oppressor and op- China into the global capital- the majority in Malaysian society! pressed, stood in constant opposition ist economy offered capital As a result of these defeats of the

Aliran Monthly : Vol.29(9) Page 31 working class, the voices of large corporate interests have Under Five Mortality (per 1,000 live births) in selected countries become the dominant voices within states and also within CountryCountryCountry 199219921992 200320032003 international bodies. The voice Burkina Faso 1 5 0 207 of those with social-democratic Burundi 1 7 9 190 inclinations, who would argue Congo 1 1 0 1 0 8 for a more equitable distribution Kenya 74 1 2 3 of the wealth of the world but Zimbabwe 86 1 2 6 within the framework of a capi- Malaysia 1 9 7 talist economy, has become almost inaudible - giving further World Health Report 1995, 2005 proof to the saying that reform- ism rides on the coat-tails of a Note revolutionary movement! - In 1992 it was found that in Burkina Faso, 150 out of every 1000 children born in 1987 had died before they reached 5 “There is no alternative,” years. warned Thatcher. If the working - This under-five mortality rate is a good measure of the socio- class doesn’t recognise this new economic conditions of a country. reality and buckle down to seri- - Malaysia’s rate of 7/1000 in 2003 is about that found in ous work but with lower remu- Europe. Cuba is even better! neration and a weaker safety net, the national economy will Another example of how liberalisation measures have seriously deteriorate and with it the eco- disadvantaged ordinary people in poorer countries was seen nomic situation of the working in Haiti where the undermining of domestic food production people! The capitalist ideo- brought about by a liberalised trade agreement caused famine, logues rejoiced, and claimed deaths and riots. victory! It was the end of history!!

This neo-liberal wave is not con- What should we do? one who has the interests of the fined to Malaysia alone. All over rakyat at heart. the world the poorer 70 per cent We need to point out to the people of society is being marginalised. of Malaysia that liberalization of We should continue working Concessions granted in an ear- the economy: with groups that are already lier period are being withdrawn • is a pro-capitalist agenda involved in campaigns against bit by bit. The quality of life is • is premised on the mistaken liberalisation – health, GST, deteriorating. In parts of the belief that unfettered capital- FTA, and Water. Ultimately, world, people are dying because ism will lead to the best pos- we need the political pressure of these neo-liberal measures. sible society of an enlightened rakyat to This is most glaring in the poor- • will lead to more and more challenge and ultimately re- est continent – Africa – where hardships for the majority of verse this drive towards fur- “Structural Adjustment Malaysians ther liberalisation. Schemes” imposed as condi- • is not fully understood by the tions for IMF and World Bank non-Malays, who think it is a In doing this we need to be aware aid has devastated the provision good idea because they are that the Pakatan Rakyat parties of basic amenities to the popula- only looking at one part of gov- also subscribe to the liberalisation tion. The chart reproduced from ernment policy – that pertain- agenda – especially DAP and WHO reports, shows the sever- ing to the bumiputra PKR. For example ity of this onslaught on the programme. • They measure the govern- poorer people of the world. • should be opposed by every- ment’s – federal and state - eco-

Aliran Monthly : Vol.29(9) Page 32 nomic success by looking at the Continued from page 26 dependent state, a member of the FDI inflows. British Commonwealth and mem- • They promote health tourism. Chinese and Indian political par- ber of the United Nations. It was • They would accept the FTA ties, and hence “Perikatan” (Alli- the culmination of a long and dif- with the US ance) was formed. ficult struggle, an achievement • The PR state governments won not by the educated class, but haven’t yet put a moratorium Pending full independence, Ma- by labourers, port workers and on new private hospitals. laya was ruled by the Federal Leg- others — the downtrodden — • A senior DAP leader has asked islative Council consisting of ap- whose existence we hardly knew. for the reduction of corporate pointed members representing the taxes to 18 per cent immedi- various races and professions. They were the real fighters of ately as a means of stimulat- With independence granted on a Merdeka, whose actions created ing the economy. silver platter, the British were suc- a landscape for independence. cessful in retaining the entire sys- Those were the people who Despite the fact that the PR is tem and had their assets protected. laboured endlessly to enrich the definitely the better alternative For Umno and the Alliance, the colonial masters in return for a pit- to the BN, we need to impress declaration of independence was tance and who now lay in the upon the Pakatan leadership a jubilant moment as it was graves unknown and forgotten. that their catchy slogan of achieved without shedding a “ merakyatkan ekonomi” will drop of blood. They were Malays, Indians, Chi- just remain a nice slogan if nese and others and they were they do not wake up to the re- Declaration of certainly not Umno members. ality that the globalised Independence They were the unsung heroes who economy is currently skewed sacrificed their lives and freedom towards large corporate inter- On 31 August 1957, Malaya was for future generations, but who ests, and that countries like re-reborn. As the clock struck mid- only found their own freedom in Malaysia have a big role to night, the Union Jack was lowered the silence of their graves. It is play in pushing for a different and the new Malayan flag was those people who deserve to be world economic order. hoisted in front of the clock tower commemorated on 31 August ev- opposite the Selangor Padang. ery year and not “the patriots” The most effective way of con- The shouts of “Merdeka!” — no who hoisted the jalur gemilang on vincing politicians, whatever less than seven times — reverber- the roofs of mansions at the pres- their shade, is to create the ated and resounded in the air. The tigious addresses of Kuala groundswell of public opinion shouts were led by Tuanku Abdul Lumpur or those who flew the that further liberalisation is go- Rahman, who stood on a rostrum jalur gemilang on the roofs of their ing to make life more difficult for surrounded by his Cabinet Min- flashy cars. the majority of Malaysians, and isters, some of whom, I observed, fuel the resentment in the were obviously drunk. To the real patriots and the fight- marginalised that manifests it- ers of independence, we offer self as gang violence and The official declaration of inde- them our unreserved salute. As rempitism! q pendence was held at Stadium for Umno, we only have this to Merdeka the next morning, at- say: “Lembu punya susu, sapi dapat tended by all the Malay Rulers, nama.”q the British High Commissioner Aliran member Dr and the representatives of the Queen (Duke of Gloucester). I was Jeyakumar Devaraj is the Dato Hishamuddin bin there with my father and sibling Member of Parliament Haji Yahaya is a lawyer “representing” Temerloh, for Sungai Siput. and former MP for Pahang. Temerloh.Temerloh.Temerloh. Thus, Malaya was born as an in-

Aliran Monthly : Vol.29(9) Page 33 ETHNIC RELATIONS Establishing an anti- discrimination law in an Asian country The challenge facing Korea by John Smith Thang

public hearing on a tache, skin colour and his body AA multi-society and the es- scent. He said in his statement AAA tablishment of an anti- that he had been badly abused discrimination law was verbally with words such as held at the National Assembly Li- “stinky bastard” and even physi- brary, Seoul, South Korea. The cally assaulted by Mr. Park. event was organised by National Human Rights Commissioner of Nonetheless, many cases of racial Korea and National Assembly discrimination in Korea remain member Byeonghun Jeon on 30 unknown or unreported. The ra- September 30, 2009. The partici- cial abuse of foreigners in general pants were made up of represen- and migrant workers in particu- tatives from various civil society lar sometimes results in physical sectors, advocates and migrants. abuse. Such racial discrimination Such an event to highlight efforts is extremely painful to the victim. to oppose race discrimination is In recent years, racial discrimi- rare in Korea. nation has increased in this tiny Korean peninsula. Clearly, ongo- According to the International ing racism is possibly widespread Convention on the Elimination of and dangerous to the country. All Forms of Racial Discrimina- tion Article I, paragraph (1), the any other field of public life.” Similarly, among Korean people, definition of “racial discrimina- those underprivileged—the poor, tion” is “any distinction, exclu- An Indian scholar at the the lower-income group and sion, restriction or preference SungKongHoe University, women mainly fall victim to dis- based on race, colour, descent, or Bonojit Hussain, reported the crimination. The suppression of national or ethnic origin which deeply frustrating and painful ef- women in Korea is seen as some- has the purpose or effect of nulli- fects of “racial discrimination” thing of a tradition in this society. fying or impairing the recognition, when he was insulted by one Mr. enjoyment or exercise, on an equal Park on a public bus on 10 July In the case of refugees, the Korean footing, of human rights and fun- 2009. He was targeted because of government has officially damental freedoms in the politi- his distinct Indian facial features, recognised refugees under F-2.2 cal, economic, social, cultural or i.e. round eyes, long nose, mous- immigration status, a resident sta-

Aliran Monthly : Vol.29(9) Page 34 tus that allows them to stay in the So it is a big challenge to Korea Continued from page 4 country. However, refugee chil- to establish an anti-discrimina- dren are still unequally treated tion law, as the first step to- Persist, persist compared to Korean children. For wards anti-discrimination in example, refugee children are ex- the country, to strengthen its in- The struggle must continue for cluded from the Social Welfare ternational credentials and to be change to come - and it will - but Department’s student’s financial seen as a good example of a only if we persist. aid programme. Wages paid to democratic country. refugees are not equal to those For that change to take place suc- given to their Korean counterparts Some people, especially conserva- cessfully, it would take all of us for the same work despite, the ab- tive traditionalists, may object to and the rest of those who are the sence of any basic economic and the establishment of an anti-dis- silent majority to make a stand. social support available to offi- crimination law. On the other All those well-meaning Malay- cially recognised refugees in Ko- hand, surely, the establishment of sians from the whole spectrum of rea compared to those in other the such a law won’t diminish society must decide that they can countries such as Australia, Eu- the rights of Korean citizens or and will change the course of our rope and the United States. South lessen Korean nationalism. history and determine the future Korea is one of the countries that Rather, it will facilitate equal and of this country, where all of us can have ratified the 1951 UN Refu- fair treatment of every Korean and live in peace and harmony - be- gees Convention. other human beings so that they fore the articulate and aggressive become part of genuine minority make a mess of this coun- When we look at Asian culture, globalisation that builds on hu- try for all of us. we often think of a pleasant and man rights. courteous manner that It is time we realised that there are symbolises goodness. Besides, in Furthermore, such a law would those who lost their freedom, there the Christian and Buddhist faiths, encourage teachers, religious are those who gave their lives so the practice of discrimination is leaders ( monks, church pastors, that we can be where we are today strongly condemned. Global reli- and priests) and civil society because of their sacrifices. gions believe in upholding unity, groups to raise awareness of the kindness and peace. All these re- need to end racial discrimination In a situation as we are in now, ligions do not support racial dis- in the country. there is no room for neutrality. In crimination. matters of right and wrong, you The enactment of an anti-dis- cannot choose to be neutral. We Test for Korean crimination law is a test for must take a stand. We must be on democracy Korea’s democracy and the the side of truth and justice at all country’s respect for interna- times so that we can have the fu- Definitely, such racial discrimina- tional human rights obligations. ture we want. We must stand up tion will not give Korea a shining It is time for Koreans to realise and speak up. image. Since Korea is trying to at- the importance of non-discrimi- tract tourists (for the 2010-2012 nation before it is too late to re- The struggle must continue. Visit Korea Years), as well as mi- spond to this human rights chal- Change will come. q grant labour and expertise, such lenge. The world is watching racial discrimination won’t en- Korea.q courage English teachers, profes- This is a slightly abridged sionals, foreign workers and other version of a speech made by migrant labour which Korea Aliran president P Rama hopes will boost the country eco- John Smith Thang is a krishnan during an Aliran nomically. Furthermore, Korea Burmese human rights celebratory dinner on 24 has pledged to abide by interna- activist and freelance October 2009 at the Moral tional law as a developed coun- writer based in Korea. Uplifting Hall in Penang. try.

Aliran Monthly : Vol.29(9) Page 35 INTERNATIONAL The Pentagon budget: Largest ever and growing

But as the resistance in Iraq and Afghanistan has shown, high-tech machines and weapons cannot match the determination of people to control their own future. by Sara Flounders

n 28 Oct. 28, President OO Barack Obama signed OOO the 2010 Defence Authorisation Act, the largest military budget in U.S. history.

It is not only the world’s largest military budget but is larger than the military expenditures of the rest of the world combined. And it is growing non-stop. The 2010 military budget—which doesn’t even cover many war-related expenditures—is listed as US$680 billion. In 2009, it was $651 billion and in 2000, it was $280 billion. It has more than doubled in 10 years. Yet in the midst of this life-and- actually be the amount saved death debate on medical care for through the elimination of all the What a contrast millions of working and poor administrative costs in the current to the issue people who have no health cover- private health care system—a sys- of health care age, a gargantuan subsidy to the tem that leaves out almost 50 mil- largest US corporations for mili- lion people. The US Congress has been debat- tary contracts and weapons sys- ing a basic health care plan— tems—a real deficit-breaker—is Compare this to just the cost over- which every other industrialised passed with barely any discus- runs each year in the military bud- country in the world has in some sion and hardly a news article. get. Even President Obama, on form—for more than six months. signing the Pentagon budget, There have been intense insur- Physicians for a National Health said, “The Government Account- ance company lobbying, right- Programme, estimates that a uni- ability Office, the GAO, has looked wing threats, and dire warnings versal, comprehensive single- into 96 major defence projects from that a health care plan must not payer health plan would cost the last year, and found cost over- add one dime to the deficit. $350 billion a year, which would runs that totalled $296 billion.”

Aliran Monthly : Vol.29(9) Page 36 Control and Non-Proliferation, US military spending is now signifi- cantly more, in 2009 inflation-ad- justed dollars, than it was during the peak years of the Korean War (1952: $604 billion), the Vietnam War (1968: $513 billion) or the 1980s Reagan-era military buildup (1985: $556 billion). Yet it is no longer enough to keep the US economy afloat.

Even forcing oil-rich countries dependent on the US to become debtor nations with endless weapons purchases can’t solve the (whitehouse.gov, 28 Oct) the capitalist problem of overpro- problem. More than two-thirds of duction. all weapons sold globally in 2008 Bernard Madoff’s $50-billion were from US military companies. Ponzi scheme, supposedly the The justification given for this (Reuters, 6 Sept) biggest rip-off in history, pales in annual multibillion-dollar shot in comparison. Why is there no the arm was that it would help to While a huge military programme criminal inquiry into this cushion or totally avoid a capital- was able in the 1930s to pull the multibillion-dollar theft? Where ist recession and could curb un- US economy out of a devastating are the congressional hearings or employment. But as Workers collapse, over a long period this media hysteria about $296 billion World Party founder Sam Marcy artificial stimulus undermines in cost overruns? Why are the warned in 1980 in “Generals Over capitalist processes. CEOs of the corporations not the White House,” over a pro- brought into court in handcuffs? tracted period, more and more of Economist Seymour Melman, in this stimulant is needed. Eventu- books such as “Pentagon Capital- The cost overruns are an integral ally, it turns into its opposite and ism,” “Profits without Produc- part of the military subsidy to the becomes a massive depressant tion” and “The Permanent War largest US corporations. They are that sickens and rots the entire Economy: American Capitalism in treated as business as usual. Re- society. Decline,” warned of the deterio- gardless of the party in office, the ration of the US economy and the Pentagon budget grows, the cost The root of the problem is that as living standards of millions. overruns grow and the proportion technology becomes more produc- of domestic spending shrinks. tive, workers get a smaller and Melman and other progressive smaller share of what they pro- economists argued for a rational Addicted to war duce. The US economy is more “economic conversion” or the and more dependent on the stimu- transition from military to civilian This year’s military budget is only lant of super-profits and production by military industries. the latest example of how the US multibillion-dollar military cost They explained how one B-1 economy is kept afloat by artifi- overruns to soak up a larger and bomber or Trident submarine cial means. Decades of constantly larger share of what is produced. could pay the salaries of thou- reviving the capitalist economy This is an essential part of the con- sands of teachers, provide schol- through the stimulus of war stant redistribution of wealth arships or day care or rebuild spending has created an addic- away from the workers and into roads. Charts and graphs showed tion to militarism that US corpo- the pockets of the super-rich. that the military budget employs rations can’t do without. But it is far fewer workers than the same no longer large enough to solve According to the Centre for Arms funds spent on civilian needs.

Aliran Monthly : Vol.29(9) Page 37 These were all good and reason- generate prosperity. Yet corporate expenses tucked into other parts able ideas, except that capitalism America can’t do without it. of the total US budget. is not rational. In its insatiable drive to maximise profits, it will The military budget has grown so For example, veterans’ benefits always choose immediate super- large that it now threatens to over- totalling $91 billion are not in- profit handouts over even the best whelm and devour all social cluded in the Pentagon budget. interests of its own long-term sur- funding. Its sheer weight is Military pensions totalling $48 vival. squeezing out funding for every billion are stuck into the Treasury human need. US cities are collaps- Department budget. The Energy No “peace dividend” ing. The infrastructure of bridges, Department hides $18 billion in roads, dams, canals and tunnels nuclear weapons programmes in The high expectations, after the is disintegrating. Twenty-five per its budget. The $38 billion financ- end of the Cold War and the col- cent of U.S drinking water is con- ing of foreign arms sales is in- lapse of the Soviet Union, that bil- sidered “poor.” Unemployment is cluded in the State Department lions of dollars could now be officially reaching 10 per cent and budget. One of the largest hidden turned toward a “peace divi- in reality is double that. Black and items is the interest on debt in- dend” crashed against the contin- Latino/a youth unemployment is curred in past wars, which totals ued astronomical growth of the more than 50 per cent. Fourteen between $237 billion and $390 Pentagon budget. This grim real- million children in the US are liv- billion. This is really an endless ity has so demoralised and over- ing in households below the pov- subsidy to the banks, which are whelmed progressive economists erty level. intimately linked to the military that today almost no attention is industries. paid to “economic conversion” or Half of military costs the role of militarism in the capi- are hidden Every part of these bloated bud- talist economy, even though it is gets is expected to grow by 5 to 10 far larger today than at the high- The announced 2010 military per cent a year, while federal fund- est levels of the Cold War. budget of $680 billion is really ing to states and cities is shrink- only about half of the annual cost ing by 10 to 15 per cent annually, The multibillion-dollar annual of US military expenditures. leading to deficit crises. military subsidy that bourgeois economists have relied on since These expenditures are so large According to the Office of Man- the Great Depression to prime the that there is a concerted effort to agement and Budget, 55 per cent pump and begin again the cycle hide many military expenses in of the total 2010 US budget will of capitalist expansion is no other budget items. The War Re- go to the military. More than half! longer enough. sisters League annual analysis Meanwhile, federal block grants listed the real 2009 US military ex- to states and cities for vital human Once corporations became depen- penses at $1,449 billion, not the services—schools, teacher train- dent on multibillion-dollar hand- official budget of $651 billion. ing, home-care programmes, outs, their appetite became insa- Wikipedia, citing several different school lunches, basic infrastruc- tiable. In 2009, in an effort to stave sources, came up with a total mili- ture maintenance for drinking off a meltdown of the global capi- tary budget of $1,144 billion. Re- water, sewage treatment, bridges, talist economy, more than $700 gardless of who is counting, it is tunnels and roads—are shrink- billion was handed over to the beyond dispute that the military ing. largest banks. And that was just budget actually exceeds $1 trillion the beginning. The bailout of the a year. Militarism breeds banks is now in the trillions of repression dollars. The National Priorities Project, the Centre for Defence Information The most dangerous aspect of the Even $600 to $700 billion a year and the Centre for Arms Control growth of the military is the in- in military spending can no longer and Non-Proliferation analyse sidious penetration of its political restart the capitalist economy or and expose many hidden military influence into all areas of society.

Aliran Monthly : Vol.29(9) Page 38 It is the institution that is the most grown relentlessly. There are 2.5 and many hundreds of ships and removed from popular control times more people in the prison submarines. and the most driven to military system today than 25 years ago. adventure and repression. Retired As US capitalism is less and less But the more the military machine generals rotate into corporate able to provide jobs, job training grows, the less it can control its boardrooms, become talking or education, the only solutions world empire because it offers no heads in major media outlets, and offered are prisons or the mili- solutions and no improvements highly paid lobbyists, consultants tary, wreaking havoc on indi- in living standards. Pentagon and politicians. viduals, families and communi- high-tech weapons can read a li- ties. cence plate on a car from a sur- It is not a coincidence that along veillance satellite; their night vi- with having the world’s largest The weight of the military pushes sion goggles can penetrate the military machine, the US has the the repressive state apparatus into dark; and their drones can incin- world’s largest prison popula- every part of society. There is an erate an isolated village. But they tion. The prison-industrial com- enormous growth of police of ev- are unable to provide potable wa- plex is the only growth industry. ery kind and countless police and ter, schools or stability to the na- According to the US Justice intelligence agencies. tions attacked. Department’s Bureau of Justice Statistics, more than 7.3 million The budget for 16 US spy agen- Despite all the Pentagon’s fan- adults were on probation or pa- cies reached $49.8 billion in fiscal tastic high-tech weapons, the role or incarcerated in 2007. More year 2009; 80 per cent of these se- US geopolitical position is slip- than 70 per cent of the incarcer- cret agencies are arms of the Pen- ping year after year. Regardless ated are Black, Latino/a, Native tagon (Associated Press, 30 Oct). of its massive firepower and its and other people of colour. Black In 1998, this expense was $26.7 state-of-the-art weaponry, US adults are four times as likely as billion. But these top secret agen- imperialism has been unable to whites to be imprisoned. cies are not included in the mili- reconquer the world markets tary budget. Nor are the repressive and position of US finance capi- Just as in the military, with its agencies of immigration and bor- tal. Its economy and its indus- hundreds of thousands of contrac- der control. tries have been dragged down tors and mercenaries, the drive to by the sheer weight of maintain- maximise profits has led to the US armed forces are stationed at ing its military machine. And as growing privatisation of the more than 820 military installa- the resistance in Iraq and Af- prison system. tions around the world. This ghanistan has shown, that ma- doesn’t count hundreds of leased chine cannot match the determi- The number of prisoners has bases and secret listening posts nation of people to control their own future.

As the mighty US capitalist economy is able to offer less and less to working people here in the US, that level of determined resistance is sure to take root here as well.

www.workers.org

Aliran Monthly : Vol.29(9) Page 39 HISTORY “Lembu punya susu, sapi dapat nama” The seeds of independence had been sowed long before the existence of Umno. This is a tribute to the unsung heroes of the Merdeka struggle by Hishamuddin Yahaya

Ishak Haji Mohammed Dr Burhanuddin Al-Helmy Ahmad Boestamam

an Umno’s claim that who lived to witness the political and before the Japanese occupa- CC they fought for the development of this country tion of Malaya, Ishak Haji CCC country’s independence evolving from the 1940s to the day Mohammed (commonly known as stand the test of time? of Merdeka. Pak Sako), together with an Indo- The veracity of this claim is now nesian delegation, surreptitiously shrouded with doubt. A book in Early attempts to gain went to Japan soliciting Japanese bahasa, entitled Anak Merdeka, writ- independence help to fight for the independence ten by Haji Salleh Majid and pub- of their respective countries. This lished in 1991, exposed the fal- Early attempts to achieve indepen- lacy of this claim. The author was dence were mostly unrecorded. no politician but an ordinary man For example, in the early 1940s Continued on page 25

Aliran Monthly : Vol.29(9) Page 40