PP3739/12/2000 ISSN 0127 - 5127 / RM3.00 / 2000:20(5)

Aliran Monthly 20(5) Page 1 COVER STORY

Die Hard The new, the old and the ugly in Parti KeADILan Nasional’s turmoil by Khoo Boo Teik

hen the past catches up The turmoil was apparently paign of reflection’ on the future WWW with us in our lives, it of- fueled by discontent over several of Reformasi by ‘blacking out’ their WW ten does so as a shock. issues that deservingly or other- sites for several days. Rarely do we feel such a wise revolved around keADILan shock more greatly than when we deputy president, Dr Chandra While some of the sites’ regular head for new directions thinking Muzaffar. visitors agonized over this ‘infor- we have left behind old problems mation hunger strike’, it leaked and obsolete ways of doing Teluk Kemang out that the webmasters meant to things. Such, when they reappear, And The Webmasters accuse Chandra and keADILan make us wonder if we are more secretary-general, Mohd Anuar than mere captives of circum- Some time before nomination day Tahir, of ‘not adhering to Anwar stances or creatures of habits that for the Teluk Kemang by-election Ibrahim’s instructions’. die hard. of 10 June, Chandra was reported to have threatened his party’s In the event Chandra denied hav- In the life of a nation the past withdrawal from Barisan ing issued an ultimatum to BA. doesn’t just catch up but it con- Alternatif if keADILan was not The keADILan-PRM merger is be- tinually haunts. And it never picked to contest the by-election. ing explored. No webmaster clari- haunts more eerily than when fied what Anwar’s instructions people look to a future freed of Around then, too, there were mur- were. KeADILan’s Ruslan Kasim age-old taints and stains only to murs that Chandra opposed a lost in Teluk Kemang (although he find that new visions quickly sur- proposal for keADILan to merge slashed Barisan Nasional’s 1999 render to ancient ambitions, pas- with Parti Rakyat Malaysia, ap- majority by 40 per cent). sions and suspicions. parently an idea that had sub- stantial support within Marina’s Allegations The result is people are left feeling keADILan. that ‘nothing has changed’. It is a All that didn’t prevent a further sinking feeling that many Reformasi Ahead of the Teluk Kemang by- controversy from erupting on 26 supporters will have known in the election, another issue surfaced June when malaysiakini.com pub- light of Parti KeADILan Nasional’s when the webmasters of five lished a letter from Marina Yusoff recent turmoil. Reformasi sites waged a ‘cam- to Chandra.

Aliran Monthly 20(5) Page 2 CONTENTS

COVER STORY

Die HardHardDie 222

FEATURES

Whither The Judiciary 777 Integrity, Integrity, Integrity! 888 Chief Justice's Holiday In NZ 999 Judges Code Of Ethics 101010 Silence Of The Lambs? 121212 Towards Judicial Accountability 131313 Did The Chief Justice Lie? 151515 “The Government Has Never Complained 161616 Between Myth And Reality 262626 There's A Gene In My Soup 303030 Democracy In Sarawak 333333

REGULARS

LettersLettersLetters 171717 ALIRAN'S HOMEPAGE Thinking Allowed 1919 Thinking Allowed 191919 http://www.malaysia.net/aliran Current Concerns 343434

OTHERS Printed bybyPrinted Perfect Printing Sdn. Bhd. Subscription Form 383838 No. 1235-D, An Assignment For You 393939 Jalan Paya Terubong, The Man Hides In Putrajaya 404040 11060 Pulau Pinang.

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

Aliran Monthly 20(5) Page 3 Marina had just resigned as by Ahmad Lufti Othman. In that ers, concerned Malaysians or keADILan vice-president for interview Chandra spoke of prob- Reformasi supporters to make of ‘health and business’ reasons. lems concerning keADILan but these developments? Were her letter recent and brief, the made no reference to Marina. matter might have stopped there. Chandra was overseas when Ma- They can, of course, condemn the Even its complaint of ‘too much rina’s letter was published. He webmasters for colluding in a time (being) wasted by those jos- has since written a letter to Ma- form of internet tyranny to oust rina, and re- from keADILan people they leased a state- deemed to be ‘insufficiently dedi- ment replying cated to Anwar’s cause’. partly to her charges. Alternatively they can dismiss Chandra as a party autocrat who KeADILan tried abuses his ‘idealism’ to preach to rise above this ‘moral principles’ that more prop- incident. Wan erly belong to a non-governmen- Azizah de- tal organization and not a politi- scribed it as a cal party battling for survival. ‘personal mat- ter’ while the Or they can suspect Marina of tim- party’s general ing the release of her letter to in- assembly flict maximum damage on tling for power and undermining elected without any fuss a new keADILan in return for personal each other’ might have been read vice-president, Zainur Zakaria. benefit (either related to business as a well-intended warning from KeADILan vice-president Tian or her prosecution for sedition). someone who had party interests Chua was earlier reported to have at heart. said that some quarters were try- For the moment, however, what ing to undermine Marina’s posi- we have is a classic Malaysian But Marina’s letter was dated 13 tion, but more recently said only political spectacle wherein oppo- January 2000 and ‘anonymously that the party’s supreme council nents trade accusations and ‘refu- received’ by malaysiakini five hadn’t taken a stand on the issue. tations’ without anyone offering months later. Each of the ‘12 incontrovertible evidence to prove points’ in the letter was a pointed On the whole, however, the con- the correctness of their position. accusation against Chandra. troversies retained an air of mys- tery not cleared by a sufficiently Not for the first time, Malaysians Marina’s letter alleged that transparent handling. should resist the temptation of Chandra had misrepresented accepting either that ‘there is no things to Anwar Ibrahim and ig- Such an omission in our political smoke without fire’ or that ‘if you nored Anwar’s ‘written instruc- climate was an open invitation to fling enough mud, some of it will tions’. The letter also claimed that Malaysians (habitual consumers stick’. If the Anwar affair taught Chandra had ‘harassed’ of conspiracy theories) to sniff out us nothing else, it should have keADILan president, Dr Wan hidden hands, secret agendas and taught us to be healthily sceptical Azizah Wan Ismail, packed ulterior motives. Sure enough, de- of unproven accusations and pre- keADILan’s Political Bureau with tractors of both Chandra and Ma- mature verdicts. Chandra’s supporters and turned rina rushed letters to malaysiakini, party meetings into ‘monologues’. some attacking the former and Political Change And others denouncing the latter. KeADILan’s Birth KeADILan’s Handling Remain Healthily About keADILan’s turmoil, it is Ten days before the appearance of Sceptical likely we won’t know ‘the truth, Marina’s letter, malaysiakini car- the whole truth and nothing but ried an interview with Chandra What are less impetuous outsid- the truth’. So help us God, it

Aliran Monthly 20(5) Page 4 would be tragic if we now despair standing of Reformasi as con- In 1969, Gerakan Rakyat Malay- that ours is a society that can never tained in Anwar’s Permatang sia was built around the United change for the better. Pauh Declaration. Democratic Party, cohesive rem- nants from Labor Party, and po- KeADILan’s continued exist- This programme was constantly litically experienced trade union- ence contains one small truth pulled in two main directions. ists. about our recent past: Political Everyone knew there would have change is attainable even if the been no Reformasi without Anwar. KeADILan enjoyed no such ad- process is imperfect and pro- Everyone also knew Reformasi vantage. The reputedly large con- duces parties and politicians couldn’t go places if it didn’t go tingent of ‘Anwar’s boys and who mix bits of a better future ‘beyond Anwar’. girls’ in UMNO didn’t defect in with bytes of a lousy past. as large a number as some had ex- Organizational pected. Other than ABIM leaders Recall that keADILan was born in Stresses perhaps, the NGO activists who crisis, weeks before Anwar’s first boosted keADILan’s leadership trial ended with his conviction. These characteristics of leader- could summon few troops. Num- The party’s leadership was hast- ship, membership and direction bers aren’t everything in politics, ily assembled. Its membership brought keADILan its main but party structures and networks was unsystematically recruited. strength of a popular base but also can’t be built out of spirit alone. Its direction was ambivalent. organizational stresses and ideo- logical differences. Add these factors to the pressures KeADILan had a broad leadership of the time. Mix in personal ambi- mix of ex-UMNO politicians, NGO Given time to overcome its teeth- tions. Throw in ‘different agen- activists and Anwaristas of differ- ing problems, keADILan’s leader- das’. And one can imagine pa- ent shades. It couldn’t help being ship might have developed a reli- tience wearing thin and tempers ideologically non-unified and able framework for resolving such fraying at meetings that quickly largely untested. The combination difficulties through skillful diplo- turned into heated quarrels. of dissimilar figures meant that dif- macy and compromise. But the ferent agendas were bound to con- party had to face a general elec- Hence Marina’s account of test for priority and emphasis. tion within months of its existence. keADILan’s squabbles over seat allocations and candidate selec- KeADILan’s membership, nomi- In the past, some parties were able tions for the November 1999 gen- nally multiethnic, was mostly to construct vi- Malay and young, full of initia- able organiza- tive and energy. Except for those tional structures who left UMNO, they were gener- and efficient ally unaccustomed to party poli- electoral ma- tics. Their organizational affilia- chinery ‘at the tion, if any, tended to be with Is- last minute’ lamic groupings such as around large Angkatan Belia Islam Malaysia breakaway fac- and Jemaah Islah Malaysia. Their tions or even ideological convergence was whole and summed up in the popular slo- tested parties. gans of 1998-99: Justice for Anwar! and ‘Undur Mahathir!’ The core of Parti Melayu Until BA developed its Joint Mani- Semangat ’46 in 1990 was the eral election is plausible even if festo and People’s Budget, Team B of the United Malays Na- one doesn’t want prematurely to KeADILan lacked a coherent pro- tional Organization. In 1984, judge her role and culpability as gramme. If there was one, it was Parti Bersatu Sabah was formed well as those of the individuals based on a relatively loose under- from a big splinter of Parti Berjaya. named in her letter.

Aliran Monthly 20(5) Page 5 History, Not Despair Just recall Onn Jaafar’s exit from The truly critical question, there- UMNO, Lim Chong Eu’s depar- fore, is what will become of Had Anwar been free, things ture from the Malaysian Chinese keADILan after this bout, and might have turned out differently. Association, and Gerakan’s split. who knows how many more Anwar could have used his per- bouts, of turmoil. sonal stature, experience and the Each of these incidents, far worse enormous sympathy for his pre- than what’s happened in New Perspectives dicament to unify the disparate keADILan so far, happened under On Democracy elements, differing agendas and conditions far more favourable divergent loyalties in keADILan's than those which attended KeADILan leaders should be un- leadership and membership. keADILan’s birth. compromisingly realistic if they don’t want to render themselves But Anwar was in jail, rendered I’m not trying to put a touchy- irrelevant to future politics. almost incommunicado, and per- feely spin on keADILan’s mitted to emerge only in court. He present troubles. Those are Support for keADILan came couldn’t have run a political genuine enough, and more may mainly from the Anwar affair. party. Beyond being BA’s rally- come. If, for example, the Yet it came more deeply from ing point he couldn’t have been keADILan-PRM merger takes new perspectives on democracy, a source of instructions, written place, no one should be so naïve reform and social justice in or otherwise, on strategy and as to think that the merger will Malaysian society that are op- practical details of agenda-set- only shower synergy but not posed to old ways of manipula- ting or problem-solving. bring its share of internal differ- tive politics and authoritarian ences and dissension. leadership. The rest, as people like to say, is history. Even so, is it a history that But disagreements within a par- KeADILan’s significance is its in- should drive anyone to despair? ty’s leadership aren’t resolved if sistence thus far that the way for- those who leave as well as those ward for Malaysian society is a Looking back, what was BA if not who stay can cite nothing more multiethnic politics founded keADILan writ large in the cir- worthy of quarrel than ‘personal upon those new perspectives. To cumstances of 1999? Like motives’, ‘hidden agendas’, ‘out- translate significance into reality, keADILan, BA found ways for a side interference’, and all manner the party faces genuinely difficult diverse opposition to cooperate. of fitnah and tohmah. tasks of providing a popular pro- Like keADILan, BA was sustained gramme and an effective organi- by high levels of public debate and Haven’t we seen enough of that zation within BA’s framework. political consciousness. in the Anwar affair? If keADILan is to perform these BA’s limited gains in November When keADILan was born it tasks satisfactorily and achieve 1999, like Reformasi’s incomplete promised a breath of fresh air to real advances for Malaysian so- progress, indicated directions for blow away the stench of the ciety, the ‘party of reform’ must political change which few had Anwar affair which had reached find creative means to institu- imagined possible after BN’s ‘beyond UMNO’ into the very tionalize mechanisms for resolv- landslide victory in April 1995. bowels of our political institu- ing differences. Only then can tions. the party avoid the spectre of Managing Dissension each instance of dissension end- KeADILan embodied a vision of a ing in spitting, smearing and No political party is immune to future that could break with what bloodletting. internal differences, personal disa- had become an unbearable past. greements, and periodic quarrels. That was what attracted the Either that, or the tensions be- young and the old, politicians and tween the new and the old in Has there been a Malaysian party activists, Anwaristas and con- keADILan will turn uglier and that in its early years didn’t suffer cerned citizens to Reformasi in the uglier before resulting in the par- turmoil similar to keADILan’s? first place. ty’s self-destruction. q

Aliran Monthly 20(5) Page 6 JUDICIARY Whither The Judiciary?

ast month Aliran It was in the midst of such con- tions for the Judiciary, and to make LLL Monthly 20(4) featured cerns about the current state of recommendations to restore full LL an article entitled “Jus- Justice in Malaysia by Malaysian confidence in the Judiciary. How- tice in Jeopardy: Malay- and international individuals ever, the EGM was aborted. This sia 2000” as its back cover story. and organizations that Datuk Dr was due to an injunction granted Rais Yatim, Minister in the Prime by Justice Dr R K Nathan, not on It was based on a report bearing Minister’s Department in charge the merits of lawyer Raja the same title submitted on behalf of legal affairs, made his remarks Segaran’s claim that holding the of four international organiza- about the judicial impropriety of EGM amounted to committing se- tions – the International Bar As- the Chief Justice, Tun Eusoff Chin, dition and contempt of court, but sociation, the Centre for the Inde- holidaying with lawyer V K on a technical point. AM repro- pendence of Judges and Lawyers Lingam in New Zealand. Rais’ duces the statements by Manjeet of the International Commission remarks were broadcasted over Singh Dhillion, former president of Jurists, the Commonwealth Radio ABC on 29 May 2000. of the Bar, in response to Nathan’s Lawyers Association and the Un- ruling which Manjeet believes ion Internationale des Advocats - The public exchange between “has allowed the will of one to be by a mission comprising two sen- Rais Yatim and Eusoff Chin was imposed upon the many and ior judges, one each from Scotland reported in the local press. How- thereby made the judiciary, and and Zimbabwe, and a senior ad- ever, comments by Aliran, the Bar the judge, the unwitting censor in vocate from the Supreme Court of Council and Param a matter involving itself.” Lim Kit India. During its fact-finding visit Cumaraswamy, the UN Special Siang, former Opposition Leader to Malaysia in 1999, the mission Rapporteur on the Independence in parliament, expresses similar had met representatives of the of the Judiciary and Lawyers, concerns. He also suggests what Executive, the Judiciary, the Leg- were not given their due attention lawyers might now do to achieve islative, the Bar and NGOs. by the local media. These com- judicial accountability. Their Report was posted at ments are reproduced below. In http://www.ibanet.org/misc/ two of them, reference is made to Amidst this controversy, it pressrel.asp and became widely the so-called “Bowman Papers” would have been prudent to let available. which is a collection of travel itin- the CJ retire on attaining the eraries of Eusoff Chin and Lingam, compulsory retiring age of 65 Many issues and problems in the and their families, suggesting that but the government extended relationships between the their vacationing in New Zealand his tenure by another 6 months Malaysian Bar and the Execu- at the same time, was perhaps thus enraging public sentiment. tive, and between the Bar and more than coincidental. For fur- Aliran's call to the CJ to turn the Judiciary, were highlighted. ther information visit the website: down this extension for the sake Provisions within Malaysian malaysiakini.com of the Judiciary went unan- legislation which allowed for swered and unreported. needlessly restrictive laws, the Against this backdrop, the Bar Report noted, had also “im- Council called for an extraordi- This set of comments concludes pacted crushingly upon the nary general meeting of the with a reflection in verse by Mar- agencies of the law – the Judici- Malaysian Bar to discuss and tin Jalleh who reminds us of the ary, the legal profession and the pass resolutions arising from the relationship between the Execu- police”. conduct of the CJ and its implica- tive and the Judiciary. q

Aliran Monthly 20(5) Page 7 JUDICIARY

Integrity, Integrity, Integrity!

Statement by Aliran Excutive Committee

he Chief Justice of the self a member of the same execu- But the relevant photographs Federal Court,Tun Eusoff tive today. posted on the internet shows not TTT Chin, has completely a man “putting his hand on (the missed the point in his Be that as it may, Aliran holds that Chief Justice’s) shoulder”, but the responses to Datuk Dr Rais all citizens, including Rais, have Chief Justice putting his own left Yatim’s recent remarks on the ju- the right to comment on matters hand over the man’s shoulder. diciary. as critical as the integrity of the judiciary. This right cannot be While no one is so foolish, espe- Instead of addressing the crucial anyone’s exclusive privilege. cially in these times, to make un- issue of integrity and the judici- substantiated accusations against ary, the Chief Justice brusquely Under present circumstances, and any notable public figure, who dismissed Rais by stating that the stemming from his “feedback”, can deny that the photographs, Minister is only in charge of the Rais is not wrong to say pointedly the focal point of the exchanges Registrar’s office and “is respon- that the judiciary needs rejuvena- between Rais and the Chief Jus- sible for logistic problems”, but tion. Based on our own feedback, tice, have raised a lot of contro- not the law and the judiciary. and we are an organization that versial issues? stood with the judiciary in previ- When the Chief Justice asserted, ous crises, Aliran suggests that Given that the judiciary should be “If we lack court equipment or the judiciary needs not only to re- seen to be as the bastion of justice, rooms, then we go to him”, he pre- juvenate itself, but to redeem its impartiality and willingness to sumably meant that Rais should lost reputation by purging itself uphold the truth, the exchanges keep his nose off matters that ex- of the negativity in which it is pub- between Rais and the Chief Jus- tended beyond “chairs and ta- licly held today. tice and other judges have argu- bles”. ably thrown this perception of the If the judiciary is to be a beacon of judiciary into doubt. All Malaysians whose memory of hope and justice for ordinary peo- the problems of the judiciary goes ple, our judges must themselfs face If so, Aliran proposes that the Gov- further back than this current ex- this fact that the judiciary as an ernment should hold a national change between the Chief Justice institution has reached its nadir opinion poll on the state of the ju- and Rais know that the executive in public standing, and must diciary that can help to settle any branch of the government bears a strive by all necessary means to lingering doubts about public per- major responsibility for the dam- retrieve its once proud reputation. ceptions of the judiciary. age that has been inflicted upon the judiciary since the sacking of In principle, no one will disagree Such a poll, strictly and profes- Tun Salleh Abas, Tan Sri Wan with the Chief Justice that VIPs sionally conducted, will settle the Suleiman and Datuk George Seah sometimes have no control over exchanges between members of more than ten years ago. how people pose with them to take the executive and the judiciary, snapshots. Sometimes, as the but more importantly, help to re- Rais, who knows all this very Chief Justice explained, “one can store public confidence in the well, and who has in fact written even put his face next to mine”, or Malaysian judiciary. many sharp criticisms of execu- “when the man puts his hand on tive encroachment upon the inde- your shoulder, you can’t simply Aliran Executive Committee pendence of the judiciary, is him- shove it aside”. 9 June 2000

Aliran Monthly 20(5) Page 8 JUDICIARY

Chief Justice’s Holiday In NZ

Public statement by the Bar Council

he on-going public ex- part of the panel to hear an ap- would show that he had paid for TTT change of statements re- peal involving Dato’ Param his holiday. Dato’ Dr Cyrus Das lating to events arising Cumaraswamy on the ground politely advised the Chief Justice out of the Honourable that the lawyer photographed to keep the documents safely. Chief Justice’s holiday in New with the Chief Justice in New Zea- Zealand has given rise to serious land, Dato’V K Lingam, would be Dato’ Dr Cyrus Das was of the public concern as to the adminis- appearing as counsel in the ap- view that as he was not the Presi- tration of justice, the image of the peal. dent of the Bar when the incident Judiciary, the proper relationship occurred it was not something he between members of the Judiciary After the two representatives of should report to the Bar Council. and members of the Bar, and most the Bar had put the position of the importantly, the respective roles of Bar to the Chief Justice they were Upon ascertaining the above facts the Executive and the Judiciary. informed that the Chief Justice over the past few days and after would consider the matter. Sub- considering the various state- Some press reports have tended sequently, the Chief Justice in- ments issued, the Bar Council was to give the impression that the Bar formed the then President, Dato’ of the view that as the whole is- Council, through its then Chair- Dr Cyrus Das, that the Chief Jus- sue of the photographs and holi- man, Dato’Dr Cyrus Das, has tice would not sit to hear any mat- day in New Zealand was now a played the role of examining docu- ter where Dato’ V K Lingam was matter of grave public concern it ments relating to the holiday and appearing. was imperative that the pronouncing itself satisfied. Malaysian Bar, in the exercise of In 1999 when Dato’ Dr Cyrus Das its public duty of upholding the It is necessary, therefore, to clarify was no longer President of the cause of justice, should deliberate the situation both to members of Malaysian Bar he had occasion to on all the issues raised and ex- the Malaysian Bar as well as to meet the Chief Justice several times press the considered view of the the general public. over preparations for the Com- Malaysian Bar. monwealth Law Conference In early 1998 when the photo- which was scheduled to be held In the circumstances, the Bar graphs of the Honourable Chief in September 1999, as well as the Council is convening an urgent Justice of the Federal Court of special programme for Chief Jus- General Meeting of the Malaysian Malaysia on holiday came to pub- tices from around the Common- Bar to consider resolutions rel- lic knowledge the then Vice-Presi- wealth attending the Conference. evant to the whole issue of the in- dent of the Malaysian Bar, tegrity of the Judiciary. Saudara R R Chelvarajah, and the At one of these meetings the Chief then Secretary, Saudara Mah Justice indicated a large stack of Weng Kwai, met the Chief Justice. credit card documents and bills Haji Sulaiman Abdullah They asked him to recuse (dis- on his table and said something President qualify) himself from sitting as to the effect that those documents 9 June 2000

Aliran Monthly 20(5) Page 9 JUDICIARY Judges Code Of Ethics

A constitutional perspective on judicial conduct by Param Cumaraswamy

he latest controversy sion of the Code of Ethics prescribed TTT on the Malaysian under Clause (3A) …” “Judges Chief Justice’s travel to New Zealand in In the same year the Yang di- shall uphold 1994 and in particular the issue Pertuan Agong prescribed a as to inconsistencies between Code known as the Judges the integrity what he said on how he met Code of Ethics 1994 which was the lawyer concerned and the gazetted on December 2, 1994. and independence revelations in the Bowman pa- Rule 2(2) of this Code provides pers must be viewed from a that a breach of any provision of the Judiciary constitutional perspective over of the Code “may constitute a and above international and ground for removal of a judge from by avoiding regional standards of judicial office” (emphasis added). behaviour. impropriety By Article 125 Clause 9 the In 1994 the Malaysian Consti- Code of Ethics applies to all and the tution was amended and a new judges. clause 3A to Article 124 was appearance provided. This clause enabled Rule 3(1) of the Code provides the Yang diPertuan Agong on that a judge shall not: of impropriety the recommendation of the Chief Justice, the President of a) subordinate his judicial du- in all their the Court of Appeal and the ties to his private interests; Chief Judges of the High b) conduct himself in such man- activities”. Courts after consulting the ner as is likely to bring his Prime Minister to prescribe in private interests into con- writing a Code of Ethics flict with his judicial duties; Beijing Statement of “which shall be observed by every c) conduct himself in any man- judge of the Federal Court” (((em- ner likely to cause a reason- Principles of Judicial phasis added). able suspicion that: Independence in the i) he has allowed his private Article 125 Clause 3 was also interests to come into con- Asia and Pacific Region amended to provide for the flict with this judicial duties removal of a judge of the Fed- so as to impair his useful- 1995. eral Court, inter alia, “on the ness as a judge; or ground of any breach of any provi- ii) he has used his judicial po-

Aliran Monthly 20(5) Page 10 sition for his personal ad- vealed in the Bowman papers bunal under Article 125(3) of vantage; contradict the facts as stated by the Constitution. d) conduct himself dishonestly the Chief Justice in material or in such manner as to aspects. The Chief Justice to It may be that if further inves- bring the Judiciary into dis- date has neither denied nor tigations are carried out fur- repute or to bring discredit admitted the Bowman report. ther breaches of the Code may thereto; However, whether he admits emerge. At this point suffice if e) lack efficiency or industry; or denies there still will remain to state that reasonable suspi- f) inordinately and without the question of confidence in cion is sufficient to prove reasonable explanation de- his credibility because he is breach under Rule 3(1)(c) of lay in the disposal of cases, also the Chief Justice whether the Code. the delivery of decisions his conduct has brought the and the writing of grounds Malaysian judiciary into disre- It may be well for the Chief of judgement; pute and/or discredit in breach Justice to remember Principle g) refuse to obey a proper ad- of rule 3(1)(d) of the Judge’s 7 of the Beijing Statement of ministrative order or refuse Code of Ethics 1994. Principles of Judicial Independence to comply with any statu- in the Asia and Pacific Region tory direction; Another fact which requires 1995 to which he and thirty two h) absent himself from his attention is the Federal Court’s other Chief Justices in the re- court during office hours delay in delivering the decision gion were signatories. Princi- without reasonable excuse and the grounds of judgement ple 7 provides that “Judges shall or without prior permission in the MGG Pillai vs Vincent uphold the integrity and independ- of the Chief Justice, the Tan appeal. The appeal was ence of the Judiciary by avoiding President of the Court of heard more than 2 ½ years ago. impropriety and the appearance of Appeal or the Chief Judge, It was heard by the Chief Jus- impropriety in all their activities”. as the case may be; and tice and the Chief Judges of the i) be a member of any politi- High Courts of Malaya and The continued refusal on the cal party or participate in Borneo. To date a decision has part of the competent authori- any political activity. not been given. Such delays ties to address this issue strike at the core of judicial ac- quickly and arrest further de- In addressing the facts relating countability. With such disre- terioration of the vital consti- to the New Zealand travel, as gard for judicial accountability, tutional institution in Malaysia they appear presently, to the can the Federal Court of Ma- will seriously harm public con- provisions of the Code of a laysia, being the apex and the fidence domestically and inter- pertinent question for determi- final Court of Appeal in the nationally not only in the in- nation is whether the Chief Jus- country, any longer claim le- stitution itself but also the in- tice has breached rule 3(1)(d) gitimacy to set the correct tegrity of the nation and its of the Code without for the standards for judicial account- government. q time being addressing ability to be followed by breaches of any other rules in judges and courts below? In the same Code. any event is not a 2 ½ years of Dato’ Param Cumaraswamy delay so inordinate as to con- is UN Special Rapporteur on The competent authority to stitute a breach of Rule 3(1)(f) the Independence of Judges determine this is a tribunal ap- of the Code? If there is a rea- and Lawyers. The above pointed by the Yang di-Pertuan sonable explanation for the statement was issued on 21 Agong under Article 125(3) of delay who is to determine June 20002000June the Constitution. The facts re- that? Again it has to be a tri-

Aliran Monthly 20(5) Page 11 JUDICIARY Silence Of The Lambs? One man’s injunction is the Bar Council’s deprivation by Manjeet Singh Dhillon

have now experienced, nicalities and thereby prevent a away from me and deny me my II regrettably, after some 30 vested right to speak? Was it so right to attend and speak, if I so III years of being involved necessary to deny the obvious? chose. He was neither my nor the in and with the legal Bar’s guardian. I can look after profession, on both sides of the I was one, of many I am sure, who myself and so can the Bar. proverbial divide (the judiciary wrote to the Bar Council asking and the Bar), the single most pre- for an opportunity for a public This attempt to muzzle and dictable outcome of a legal dis- debate on the status of an institu- thereby deny a right to free speech pute. tion that is vital to the well-being is one I will never endorse. I have of Malaysia. I find it shocking and a right to agree or disagree with I am amazed that those in the amazing that one person has been any view, to assess a situation know, those who judge, those few able to silence the many. I recog- and thereafter make a considered who take upon themselves the nise anyone’s, including lawyer decision, to state my stand and mantle of determining what is K. Raja Segaran’s, right to disa- thereafter through cogent, valid, good for the many, have failed, gree with views that may or may sound and persuasive arguments once again, to see the trees for the not (he was premature in specu- convince others to my viewpoint. forest. Talk about burying a head lating) have been expressed at the And if I fail I can live with that in the sand! Bar’s EGM. outcome. So has everybody else.

Surely the statements of de facto If he was so concerned, in his per- Just as I recognise Raja Sekaran’s law minister Rais Yatim, dissemi- sonal capacity, that he may have right to disagree, he has to learn nated around the world, had faced prosecution for seditious to respect and leave me my rights. brought to a head, and officially remarks made at that EGM, he He has no right to step onto my confirmed what had been trou- was at liberty to attend that meet- turf and dictate to me what he bling and was a canker in the side ing and declare at the very outset thinks I ought to think or say. Jus- of the Malaysian judiciary. And that he was so stating. He could tice R. K. Nathan’s decision has what of the rest of the stuff that then have, at any subsequent pros- allowed the will of one to be im- followed and the Bowman pa- ecution, pleaded his innocence posed upon the many and thereby pers? and disassociated himself from made the judiciary, and the judge, any resolution passed or decision the unwitting censor in a matter There was in the Bar’s move to made at that EGM that went con- involving itself. resolve the Chief Justice Eusoff trary to his views. I would have Chin fiasco a determination and defended him for free. Therein, to those who care to note, desire to restore the jaded and lies the tragedy in this farce. tainted image of the Malaysian He could also have, and this judiciary. Was that wrong? Was it would have been preferable and Manjeet Singh Dhillon is not obvious? Could the powers- certainly laudable, attended the former president of the that-be not see, or sense, or hear, EGM and skilfully and ably stated Malaysian Bar Council. the rumblings that have been go- his views and swayed the Bar to Statement released on 20 ing on for so long? Was it neces- his viewpoint, whatever that may June 20002000June sary to shelter behind minor tech- be. But he had no right to take

Aliran Monthly 20(5) Page 12 JUDICIARY

Towards Judicial Accountability by Lim Kit Siang

he Kuala Lumpur High ment he was purported to have to ask the plaintiff to even go into TT Court yesterday issued made about the Chief Justice. the merits of his application. On TTT an injunction stopping this one basic preliminary issue the Malaysian Bar from Ruling that the Bar’s exhibit of a alone the first defendant has been holding an EGM today to discuss newspaper report allegedly con- unable to satisfy me.” and pass resolutions arising from taining Rais’ allegations was the conduct of Chief Justice Mohd “hearsay evidence”, Nathan said: Technical Point Eusoff Chin, including calls on “In this case, it is obvious to me the Prime Minister to make repre- that what the Bar says is ‘we say, Malaysians who are deeply con- sentations to the Yang di Pertuan that the newspaper says that Dr cerned about upholding the prin- Agong to set up a judicial tribu- Rais Yatim says, so and so’. As ciples of judicial accountability, nal or a Royal Commission of In- put by Mr Vijandran, this is hear- independence, impartiality and quiry to investigate Eusoff’s con- say thrice compounded.” integrity are disappointed that the duct and “its implications on the EGM of the Malaysian Bar had judiciary” and to make recommen- Nathan said: “Great injustice been aborted on a technical point, dations to restore full confidence would befall Datuk Dr Rais Yatim, without a full canvassing of the in the judiciary, and require the Chief Justice and all others re- substantive merits as to whether Eusoff’s suspension pending the portedly having made statements such an EGM was seditious and outcome. whose quotations have been ex- in contempt of court as contended hibited by the defendant, if they by the applicant. “Hearsay Evidence”, deny having made such state- Again ments. It would have been a sim- This is particularly the case as the ple process for the Malaysian Bar veracity of Rais’ statements in his Justice Dr. R. K. Nathan granted to have obtained a simple letter interview with ABC Radio, which the injunction on “one basic pre- from Datuk Dr Rais Yatim stating was broadcast on 29 May 2000, liminary issue” without going that he stands by the report attrib- had never been a bone of conten- into the merits of the application uted to him.” tion in the court of public opin- by lawyer K. Raja Segaran that the ion. Bar had committed sedition and In granting the injunction, the contempt of court in convening the judge ruled: “To my mind there is Neither Rais nor Eusoff had que- EGM after he had asked counsel no basis to call for an Extraordi- ried the veracity of the statement for the Bar whether it had con- nary General Meeting on allega- made by Rais on ABC Radio in firmed that Rais Yatim, the Minis- tions attributed to someone who connection with the photographs ter in the Prime Minister’s Depart- has not even been asked to verify which had been posted on the ment had in fact made the state- its truth. There is no need for me Internet, about Eusoff’s New Zea-

The Malaysian Bar should launch a mass signature campaign among its 9,000 members to petition for full accountability by Eusoff Chin over his New Zealand holiday in December 1994

Aliran Monthly 20(5) Page 13 land holiday with lawyer V.K. lawyer who appears before his ddin recently said that the people Lingam, where Rais said: “Cer- court. can make their views known if tainly such socialising, shall I say, they think that judges have erred, is not in keeping with the proper I replied that it was inappropri- and that although the judiciary is behaviour of a judicial personal- ate for someone of that standing independent, judges should not ity and we have intimated to the to be found in such a disposition. think that they cannot be criti- chief justice that this is behaviour I could not deny the pictures as cised. improper and this has been inti- otherwise it would have reflected mated to him in no uncertain badly on me and the government The Malaysian people are now terms.” as being irresponsible. confused and would want to know how they could legitimately Verifiable ‘This is not a personal vendetta,’ criticise judges for misconduct or he said, adding that the pictures who failed to avoid impropriety The transcript of Rais’ interview were brought to the attention of and the appearance of impropri- with ABC Radio broadcast on 29 the relevant parties at that time it- ety in their activities when the le- May 2000 is available on the self.” gal profession is not able to hold Internet, and I have just accessed an EGM on the matter. it. Rais’ comment raised the question as to why the Internet photo- Eusoff himself should make clear Rais had never intimated that he graphs were only brought to the that he and the judiciary uphold had been misquoted or that his “attention of the relevant parties and respect the right of the public remarks were taken out of context. at that time itself” when they had to criticise judges, not for their In fact, he subsequently publicly been posted on the Internet for court decisions, but for their mis- confirmed his statement to ABC more than two years since early conduct or failure to avoid impro- Radio when he defended himself 1998, but this question could be priety or the appearance of impro- after he was “taken to task” by deferred until later. priety in all their activities. Eusoff on 6 June 2000. Eusoff also never doubted that Rais had made Rais also confirmed in the same With the injunction against the the statement concerned and Sun report that he and Eusoff had holding of an EGM, maybe the questioned the accuracy of Rais’ spoken over the phone in the past, 9,000 members of the Malaysian account, claiming that Rais had but he did not see the need to touch Bar should launch a mass sig- never met him to discuss anything on personal issues as “I think that nature campaign in the legal on the judiciary but instead chose for someone in such a high posi- profession to petition for full ju- to talk to the press. tion, there is no need for me to dicial accountability by Eusoff advise on such matters”. Chin over his New Zealand holi- In The Sun of 8 June 2000, Rais day in December 1994, includ- went even further to confirm the The High Court injunction stop- ing an appeal to the Prime Min- veracity of his interview with ABC ping the Bar from holding an EGM ister and the Yang di Pertuan Radio when he explained “how today has brought into greater fo- Agong for the establishment of the Australian media had asked cus the problem as to how society a Judicial Tribunal into Eusoff’s him to comment on several pho- can uphold the principles of judi- controversial New Zealand holi- tographs, in particular the one of cial accountability and independ- day and that until Eusoff has Eusoff with lawyer Datuk V.K. ence, and in particular, how the cleared the cloud of judicial im- Lingam”. Chief Justice could be made to propriety and misconduct over comply with the Judges’ Code of him, he should abstain from ex- The Sun had reported: Ethics 1994, which he had formu- ercising the powers of the Chief lated himself. Justice whether in personally “Rais said he was only asked hearing cases or appeals or ex- whether it was proper for some- Confused ercising the administrative one of the chief justice’s stature to powers over judges in distribut- be photographed with a senior Finance Minister Daim Zainu- ing or rostering cases. q

Aliran Monthly 20(5) Page 14 JUDICIARY Did The Chief Justice Lie? Silence will not exonerate him by P Ramakrishnan

alaysians are aghast MMM that the term of tenure of the retiring Chief Justice, Eusoff Chin, has been extended for another six months. Under normal circumstances, such an extension would not have raised one’s eyebrows. But under the present situation, it would be seen as an affront to thinking Malaysians.

It is difficult to fathom how Dr Mahathir could have recom- Whose arm around whose shoulder? mended this extension unless it is meant to mock thinking challenge this report or else he is cleared. That would be honour- Malaysians and trivialise a seri- may well be perceived as a liar. able conduct, which would be sa- ous issue that threatens the very luted by all Malaysians. integrity of the Judiciary. Silence in this instance is not an option for the CJ. His silence will Today is Eusoff Chin’s 65th birth- The Bowman Report posted on the not exonerate him but will cer- day and he is due for retirement. Internet convincingly contradicts tainly incriminate him. He is He will do the Judiciary irrepara- the CJ’s version of his chance duty-bound to clear his name and ble damange if he accepts an ex- meeting with V K Lingam in New emerge as an upright person in tension to his term of office when Zealand. It seemingly contains order to uphold the integrity of the there is a cloud of doubt hanging damning evidence to suggest that Judiciary. over his head. The Judiciary must the CJ may have lied. not be tainted by any tint of scan- For us in Aliran, we are not so dal. The top judge must be seen The Bowman Report raises issues much concerned about his private and be accepted as someone hon- of honour and integrity of a judge. holiday. We are not concerned est and upright who will com- It demands a convincing rebuttal who had whose arm around mand the respect of all that must clear his name and dis- whose shoulders. But we are ter- Malaysians. miss all doubts surrounding his ribly concerned whether the CJ conduct. It is the only way to re- had lied. That bothers us a lot. When the Head of the Judiciary store confidence in the Judiciary fails to command the confidence and convince the public that all is This is why it is important - not of the public, then Justice is indeed well. This is why it is so impor- only for his sake but for the sake in jeopardy. tant for the CJ to refute this report of the Judiciary - that he turns as a matter of honour. He must down his extension until his name 20 June 2000

Aliran Monthly 20(5) Page 15 JUDICIARY “The Government Has Never Complained” by Martin Jalleh

PM preaches on “the independence of the judiciary” “This is discrimination” he accused a court publicly Courts have always been free and shown impartiality “Opposition given lighter sentences ‘intentionally’ “ The Government’s respect, has been most exemplary “Courts ‘bending backwards’ “, PM swung wildly When it loses a case, it always responds graciously. But the Government has not complained, seriously!

But the pages of history show a scandalous reality… Back from a holiday, he hit out at a Court brazenly “Hang the lawyers! Hang the judges!”, unbelievably, For calling the Bakun EIA process a “sheer mockery” Was PM’s slogan, for many years, very persistently, Said the ruling was based on a mere “technicality” So revealed Tan Sri Musa Hitam, a former deputy. Don’t play football with a RM15 billion dam fantasy.

PM once told Time magazine so very arrogantly In Anwar’s case PM was prosecutor, judge ... jury If the Court interprets the law in a manner contrary Took the judge’s “No public comments” casually To why (he felt) the law had been produced initially, In Japan, UK and USA, he continued his calumny A law he would create, to be interpreted accordingly. A judge to PM is “irrelevant”, merely functionary.

He publicly accused judges of acting injudiciously Be it the Bukit Merah Asian Rare Earth factory And of interfering, siding the Opposition politically Or a Court injunction to stop a hotel in Langkawi He lumped the judiciary with the police and military Or a Court judgment he had found not to his fancy Called it a “branch of the Government”, ignorantly. PM has often treated the judiciary contemptuously.

A judge ruled UMNO had been functioning illegally “Independence of the judiciary is merely illusory” PM did not complain, he attacked more venomously “Never did I for once realise that the judiciary Set up a tribunal— ready to make a mighty mockery Could be at the disposal of the executive so easily.” Of removing the Lord President, most unashamedly. De facto Law Minister Rais makes PM sound silly.

The late Tunku would cry at the “ruthless travesty” PM should spare the country his glaring hypocrisy Rais would make a study on “Executive Supremacy” CJ should resign and save his splintered integrity Government did not need to complain subsequently Rais Yatim should rejuvenate his failing memory For many judges began to rule politely and pliantly. The nation must arise — justice is in jeopardy!

Martin Jalleh, author and poet, wrote the above poem in response to the PM’s recent assertion that “the Government had never complained when the court made rulings unfavourable to it or to parties in the Government, as it believed in the independence of the Judiciary” (NST, 14 June 2000).

Aliran Monthly 20(5) Page 16 front. The existing seafront is one of the few public recreation areas remaining on the island that are popular with Penangites. There is certainly a need to improve some of the basic facilities at the seafront like better toilets and garbage collection. However, there is no need to massively transform the area into a tourist attrac- tion when it already has that status. Gurney Drive already serves as a popular food spot, jogging site and a place for families to enjoy the evenings. It is very much a public herit- age and ought to be preserved Letters should be no more than 250 words and must include that way. the writer's name and address. Pseudonyms may be used. Send letters to : Editor, ALIRAN MONTHLY, 103, Medan Penaga, • We are very concerned that the 11600 Penang, Malaysia or e-mail to : [email protected] Penang public will be losing Views expressed need not reflect those of Aliran. precious open spaces to pri- vate developers. We are shocked that there are propos- Don’t Destroy Gurney way with the Federal Govern- als for a water-theme park in- Drive’s Seafront ment. cluding an ‘Underwater World’. Such a proposal will Sahabat Alam Malaysia and the We are shocked that the company indeed convert what is a natu- Consumers’ Association of is confident about going ahead ral seafront accessible to the Penang appeal to the Penang with the reclamation works of the public into some kind of an State Government not to allow seafront when it has yet to con- amusement park, to which the any development on Gurney duct an Environment Impact As- public will have access only at Drive that will lead to the destruc- sessment study of the reclamation a price. tion of the existing seafront. works. Although the EIA for the PORR was approved on 10 July • There is already an over-build- We refer to comments by Peninsu- 1997 by the Deapartment of Envi- ing and excess capacity on the lar Metroworks Sdn Bhd’s execu- ronment, we are informed that the island in terms of residential tive chairman Datuk Ahmad relamation work of the Gurney space involving apartments. Ismail reported in The Star yester- Drive seafront still requires a de- All along Tanjung Tokong, day that 100 ha of the seafront tailed EIA before any go-ahead for Tanjung Bungah and Batu would be reclaimed for tourism- the project can be given. Ferringhi, numerous high-rise cum-commercial-cum-residential apartments which are still redevelopment. SAM and CAP have opposed largely unoccupied, have such reclamation ever since pro- mushroomed. Peninsular Metroworks also the posals were mooted a few years developer of the Penang Outer ago. Our concerns are as follows: • There will certainly be an en- Ring Road (PORR), announced vironmental impact as a result that the reclamation works would • There is no need or justifica- of the project and such an im- begin once the company signs the tion for the proposed destruc- pact must be seriously consid- concession agreement for the high- tion of the Gurney Drive Sea- ered with public participation,

Aliran Monthly 20(5) Page 17 through the submission of a On the other hand, if sand is to to get elected into positions in detailed EIA by the developer. be obtained from local sources, UMNO. This reclamation work should then the environmental impact not be viewed in isolation but of such sourcing needs to be While ordinary UMNO members should be considered together seriously evaluated. Dredging remain as “grass-roots” support- with the impact of the reclama- the sea-bed or river, or cutting ers, those elected into the leader- tion work currently going on hills will have a significant ship can look forward to more ti- in Tanjung Tokong. Some of environmental impact. tles, rewards, business opportu- the environmental concerns nities, wealth, connections and include the impact on existing • Moreover, the cost of such rec- patronage in the right places. coastlines, beach erosion, sedi- lamation would also lead to mentation, changes in current high land prices and this UMNO may be doing some soul flows and so on. raises questions about the vi- searching for its present predica- ability of the reclamation work. ment, but “leadership by exam- • The Penang State Government ple” may be the main cause of it! is currently involved in the In the final analysis, it would be development of an integrated prudent to learn from the lessons Lallang roots coastal zone management of the recent economic crisis Petaling Jaya plan, which is supposed to where considerable public funds chart and limit the overall de- went into mega infrastructure An Open Letter velopment on the island in an projects which were highly ques- integrated manner, taking into tionable. We cannot continue to account environmental, eco- behave with ‘business-as-usual’ nomic and social concerns. mindset, we need to seriously re- The State Government should appraise development proposals not undermine its own efforts to ensure that the interests of the in developing such an inte- public and the environment are grated coastal zone plan by genuinely safeguarded. We there- giving ad-hoc approvals to fore urge the State Government not coastal and reclamation to allow the proposed reclamation projects that are piecemeal and of Gurney Drive. non-integrated. The Gurney Drive reclamation proposal S M Mohd Idris should be considered within President the framework of an overall, Sahabat Alam Malaysia integrated coastal zone man- agement plan. Leadership By Tan Sris & Datuks Yes, both of you have done it • Further, the impact of sourcing again. We, students of various sand for the reclamation work UMNO may be a party with schools from Perak, are fed up should also be considered. If “grass-roots” support, but cer- with your explanation on why sand is to be imported for such tainly the top leadership and the TAR college should not be up- reclamation work, then the im- Supreme Council members are not graded into a university. Enough port content of the project will “grass-roots” for all are mighty is enough. We have already stated have to be studied carefully. Datuks and Tan Sris. clearly from the beginning – we Following the recent economic don’t want to listen to reasons downturn, the NEAC has rec- A look at the list and titles of the why it should not be upgraded; ommended that projects be re- Supreme Council members may we want you to find out, and state viewed to ensure that projects reveal the reasons why some can- the reasons why so many stu- that involve high import com- didates go to such lengths in us- dents/parents are demanding ponents are discouraged. ing money politics and excesses that it be upgraded.

Aliran Monthly 20(5) Page 18 is the preservation of Ketuanan Melayu and whose major partners are racially exclusive political parties. A bit hard to swallow, isn’t it? Don’t get me wrong, I think a PM should never be cho- sen on the basis of race (or for that matter, gender) alone. And if we want to lick communalism, char- ity begins at home.

If Dr. Mahathir is serious about his proposal, I can suggest several possible scenarios involving im- portant reforms in the ruling Barisan Nasional coalition and component parties. The first sce- nario would involve the BN part- ners opening up the contest for BN Usoftchin & Co. Discrimination leadership. In this scenario, there Begins At Home will be no presumption that the Phew, it’s been quite a month! Is- UMNO leader will be the BN chief sues were spilling out like the pro- Then there was the dear PM’s sug- and thereby also be PM. All BN verbial beans. First there was all gestion that the constitution does party members will have to meet that stuff about a CJ and a Bar not disallow a non-Malay from in one general assembly to demo- Council ‘s aborted EGM, nipped becoming the prime minister. He cratically elect their leader. Try in the bud by a redoubtable hoped that in time to come that! Nathan. Where in the world do Malaysians would allow for such people get stopped from holding a wonderful turn of events. This The second approach will require get-togethers? Here’s one for you coming from the president of a more radical reform. The BN itself SUHAKAM — is this an infringe- political party whose raison d’être will become a “mega” party. The ment of the right to party or not? Surely this is really some heavy legal precedent! Will controversial issues be raised? Yes No Will senior government officials be criticized? Yes No One of these days associa- Will judges be implicated? Yes No tions will have to apply not Will cabinet members be slandered? Yes No just to the police but to the Will CM’s or MB’s be scandalized? Yes No courts to have permission Will prominent businessmen be libeled? Yes No for members to have verbal exchange and social inter- Compulsory: course. Better still why don’t we have them fill out a Show cause why any proposal, resolution, discussion, conversation, tete-a- standard form supplied tete or any matter whatsoever to be raised at this meeting will not bring about disrepute and opprobrium to the nation and misconduct on the part of courtesy of Usoftchin & Co., your association or cause it to be held in contempt of court. a firm, to which finable, chargeable offences of asso- …………………………………………………………………………………………… ciations will be privatized. The form (right), will re- …………………………………………………………………………………………… quire answers to a number of questions. ( Note: If you fail to answer this question, you will automatically be held in contempt of court)

Q Q Q Q Q The dear reader will notice that the fine print stresses the severity of non-compliance.

Aliran Monthly 20(5) Page 19 mega coalition will require all its “ There is so much to say about by either him or some other min- component parties to dissolve Mahathir that I am getting really isters welcoming the participa- themselves, have direct member- tired. The frequency in which he tion of foreign investors in our ship into the BN, irrespective of projects his nonsensical behav- economy. Our compliant media race and creed. iour is exhausting. He is a racist, seem to find nothing wrong with a tongue twister and a psycho- such statements and dutifully re- In all likelihood, Bumiputeras are path, to mention but a few super- peat them ad nauseam. still bound to dominate the new latives that I could muster to sum mega party but there will be open- up the man. There is no difference Talking about foreign involve- ness in the selection of the lead- between my obsession with ment in our country, Starbucks, the ers, not based on race. Actually we Mahathir and my obsession with multinational coffee chain has already have an interesting prec- death. I would flee from both with arrived in Penang. Started in edent in Malaysia. The essentially the speed of light and I would Seattle, home of Bill Gates, and Iban-based party, SNAP was led dread to spend precious moments also the place of the uprising for a long time by a Chinese, James thinking about either.” against the WTO last year, Wong. So, why not the BN by a Starbucks establishments now non-Malay, who can also become Susan was livid over Dr. pepper the KL scene and I guess the prime minister? Mahathir’s statement blaming the Penang will be playing catch-up. reformasi movement for the spate But can’t we see the contradiction This leads one to think aloud of violence in schools, including again? Here is the whole govern- about a serious contradiction in acts of arson. Basically she was ment railing against foreign domi- Malaysia’s laws. How come the saying that it was such a spuri- nation of our economy. The Malaysian constitution guaran- ous relationship to make. She ar- Americans themselves have pro- tees non-discrimination on all gued that it’s almost as if one were tested against big business domi- matters relating to race, religion saying that: nation in the US and seem to be and gender (except for doing something about it. But not Bumiputera rights) but political “The increasing rate of rape in the us here in Malaysia. Dr. parties like UMNO, MCA and MIC country must be related to the al- Mahathir’s bark is surely worse are allowed to be racially exclu- legations of rape against Datuk than his bite. Actually, I’m begin- sive and discriminatory in the Rahim Thamby Chik, increasing ning to believe he has no bite at way they choose their members, violence against women and chil- all except for perhaps the chomps let alone their leaders? dren must be related to the inci- he must take once in a while at dence of slaps and kicks by a cer- Macdonalds! Let’s see the BN lead by example. tain minister at the KLIA airport, Since the landmark proposal was beating up of civilians during Q Q Q Q Q made at the MCA gathering let’s demonstration or in jail houses is Longkang MPs And see if the Mahathir siren will lead a karmic repetition of Ex Police Toilet ADUNs to a Lim or a Ling entering the Chief Rahim Noor’s punching of Mahligai in Putra Jaya. Anwar Ibrahim and extortion of Yes, the lexicon of Malaysian poli- money in schools must have been tics grows by the day. We have all Q Q Q Q Q influenced by stories of the prime heard of our “longkang MPs”. The Violent Reaction to minister’s anger and obstruction term was popularized at the re- PM’s Utterings where the ACA’s investigation of cent hustings when the opposi- the EPU was concerned.” tion used it to describe the Mem- It’s amazing how some people can bers of Parliament who spent all become so disturbed by what the It’s a tough one to follow but I their time and the rakyat’s taxes PM says. Someone got really riled think we get the point. There is a to look after drains but be damned up by the PM’s statement over vio- remarkable penchant in our coun- if they will worry about human lence in schools. This is what a try for stating the non sequitur. The rights, judicial corruption, etc… certain “Susan” wrote on the PM’s utterings about the foreign Now the irrepressible YB Datuk internet, which I happened to pick menace and foreign domination Madam Kee has added yet an- up. in the country is always followed other term for our political enter-

Aliran Monthly 20(5) Page 20 tainment — “toilet ADUNs”, of page splash of a new movie, titled pose to get all the Mulder and which she is the icon. In her ca- Lt. Adnan, to be premiered on July Scully wannabes to start opening pacity as State Tourism, Culture, 31st with the Yang di-Pertuan their own X-files. There were just Art and Women Development Agong in attendance? How deep too many weird and unexplain- Committee chairperson, she was the involvement of the able happenings in the jungle. launched a “war against toilet Mindef in this movie project? Here goes.. abuses” (sic). This war against Quite extensive! Here’s what the toilet abuses must be won at all paper said, “Besides offering tech- First, check the contradictory cost, declared the honourable nical advice and props like uni- statements published by a selec- ADUN of Batu Uban and she im- forms and weapons, the ministry tion of newspapers (even in the mediately promised to get special- has also been instrumental in writ- same paper on the same day). ists to operate public toilets in the ing the script — which took almost Here’s a sampling: state of Penang. 13 months to finalise — and in sponsoring the RM2.5 mil produc- 1. When did the heist The toilet issue subsequently was tion cost.” Further, a general was actually take place? hotly debated in the Penang State quoted as saying, “around 2000 of (There are at least three versions) Assembly when BN ADUN Teng our men, including senior officers, Chang Yeow asked Madam Kee if were also cast in the film to play • Between 3:00 am and 4:15 am tourists visited Penang because of various roles and act out the battle (Star, Monday July 4, pg. 1) its toilets or because of its attrac- scenes.” (Sunday Star, July 2, on • Between 3:30 am and 4:45 am tions. Unfazed, Madam Kee went pages 1 & 3.) (Star, Tuesday, July 4, pg. 4) on to say she was aware of the toi- • Between 2:15 am and 4:30 am let problem and had set up a sub- And when did the heist drama (The Sun, Sunday, July 9, pg. 11) committee of toilets headed by Lye unfold? The dawn of Sunday, July Siew Weng. Lye immediately 2nd! Talk about coincidences. The 2. Where were the three sprang to his feet and said he had heist did start out receiving rave ‘abandoned’ inspected all the Penang toilets (!!), accolades, with the Defence Min- Mitsubishi Pajeros found? pointed out the problems, but noth- ister likening it to a “scene from a (There are at least three versions) ing had been done to date. All this Hollywood movie.” Other jour- gives me a bit of the runs to think of nalists have dubbed the stunt the • ‘Near the Banding Post’ (Star, the depths to which our politics Malaysian Mission Impossible, and July 4, pg.1) —that’s 30 km north have descended. My impression is also a Rambo in the making. of Grik that our politicians spend more • ‘Spotted in Grik’ (Star, July 5, time discussing the fine points of But, it wasn’t like that at all. What pg. 1)—that’s 80 km from Sauk sewage than passing important started out to be a Scwhar- • Criminals abandoned their motions. Now it all makes sense. zenegger’s Terminator action- vehicles, “in Sauk upon learn- Our politics have sunk from the thriller really ended like one of ing of the roadblock in Kati.” gutter to the night soil! those unfinished episodes of the X- (Lenggong Assemblymen Files. Although Hishamuddin Rais Saarani Mohamed in Star, July (editor’s note: This saga of Madam in his column in Malaysiakini 5, pg. 3) Kee’s toilet travails has received air- (Tragedi Greek atau Komedi Grik?) ing in the TA column of two previous prefers to see the whole episode as 3. Who and how many issues of the AM!) a case of bad script deteriorating were taken hostage? (There are at least three versions) Q Q Q Q Q from a genre policier to The Three (There are at least three versions) Stooges, we’ll give the army a bit Paranormal Shootings more credit. I sense a blockbuster • Two farmers in their late 50s In Sauk sequel coming. were reported missing at Kampung Jenerik (sic), Sauk Who said the army is not into Admit it. The Sauk incident has (Star, July 4, pg.1) making movies? Did we forget so left us with a sense of the bizarre • Three hostages: 2 policemen soon that on Sunday, July 2nd, at and the surreal. You see, there are and a durian seller were con- least one newspaper had a front at least 15 questions that we can firmed to be the hostages taken

Aliran Monthly 20(5) Page 21 (Star, July 5, pg. 1) • On Tuesday: Shot in the neck, 9. Oh yes, who were • Four hostages: 2 policemen, a “in his fervour in warding off the ones actually playing ranger and a durian farmer the challenge of army com- the P. Ramlee songs? (Star, July 7, pg. 3) mandos.” Body was left to rot (The army commandos and recovered 150 metres or the criminals?) 4. Where was the away from the main camp. exact location of the hideout? (NST, July 9, pg. 4) Compare the two versions below: (There are at least five versions) • On Friday: “During the scuffle • “The army carried out spo- (with Lt. Gen. Zaini), Amin’s radic firing at 12:50 am but the • The Bukit Hijau Forest Re- M-16 went off killing one of his deviationists replied with a P. serve, 2 km from the second- men, Abdul Halim Ali, 30.” Ramlee song, believed to be ary school (Star, July 5, pg. 1) (Sun, July 9, pg. 2) played on a casette player, for • 1000m from main road (Star, about three minutes” (Star, July July 8, pg. 4) 7. How was Ranger 6, pg. 1) • 2 km from main road (Utusan Mathew ak Medan killed? • “…commandos also used a Malaysia, July 8, pg. 4) (There are at least two versions) rather offbeat psychological tac- • 100 m behind school (Utusan tic — P. Ramlee songs were Malaysia, July 8, pg. 8) • Shot repeatedly on both legs, played and shots fired repeat- • 400 m behind school (Sun, July hung upside-down, then edly into the sky as a warning 9, pg. 11) strangled and killed to the criminals that there was (“ditembak bertalu-talu di kedua no way out.” (NST, July 9, pg. 4) 5. What are the actual belah kaki dan digantung dalam names and ages of keadaan menyongsang Other questions that our Mulders some of the people involved? kemudian dijerut dan dibunuh”) and Scullys might like to consider: (There are several versions (police source, Utusan Malay- for several people) sia, July 8, pg. 1) 10. Why were the bandits • “Suddenly one of them came ‘purposely’ letting • slain officer was named R. from behind and killed him.” the whole town know Sagadevan, aged 30 (Star, July (Jafar Puteh quoted in Star, July where they were hiding? 7, pg. 2) 9, pg. 3) (They were making such a din!) • Kpl. K. Sagathevan, aged 45 (Star, pg 3) 8. When was knowledge of • Gun shots were heard in the • Kpl. K. Sagathevan, aged 48 Mathew’s capture area (Kampung Jenerik (sic), (Bernama, July 7) and death known? Sauk) at about mid-morning • Kpl. K. Sagadevan (Star, July 8, (There are at least two versions) (Star, July 4, pg. 1) pg. 6) • The gunfire and explosion • Kpl. Mohd. Shah Ahmad, aged • On Tuesday: Mathew’s father went on for 9 hours (!), which 48 (Star, July 6, pg. 4) received news of his son’s started at 2 am (Tuesday) and • Kpl. Mohd. Shah Ahmad, aged death when. “..the Kanowit stopped at 11 am. (Star, July 5, 52 (Star, July 8. Pg. 4) Police station led by ASP pg. 3) • Name of slain officer’s wife: S. Stanley Jonathan Ringgit in- • Sporadic firing injured two Malliga (Star, July 7, pg. 2) formed them of the bad news soldiers (Star, July 5, pg. 1) • Netaji Malliga Rani, aged 45 at 10pm on July 4 (Tuesday).” • “We heard the burst of gunfire (Star, July 8, pg. 6) (Star, July 10, pg, 3) coming from behind the • Nathaji Baygoon a/p Mohd. • Only on Thursday, two days school” (Star, July 5, p. 3, quot- Ishak, aged 40 (Utusan Malay- later : After the two cooks (from ing Kampung Jenalik Hilir sia, July 8, pg. 4) the criminals) surrendered in head chief) the morning —”…a horrifying 6. When and how was one of intelligence came out too: the 11. And why the sporadic the members (Abdul Halim Ali) barbaric execution of Mathew shootings?shootings?shootings? of the ‘deviationists’ killed? and Sagadevan.” (NST, July 9, (There are at least two versions) pg. 4) The IGP’s reply was that they were

Aliran Monthly 20(5) Page 22 sporadically shooting ‘to lift sia, July 8, pg. 4) finally the nation’s Army to their spirits as they were alone • “..the five injured including realise his violent ambition? in the jungle’ (Star, July 6, pg. 8). two in serious condition were There were 30 of them together admitted to the Ipoh hospital Finally, check the background (not really lonely we would im- and Kuala Kangsar hospital” of Al Ma’unah ‘s members, the agine) in the hideout, tensely (Star, July 7, pg. 3) aims of the organization and the waiting to be ambushed and • Ipoh emergency unit received date of its formation. they had to choose to lift their three injured people from the spirits this way! Just fancy that! arms heist drama (Star, July 7, 15. Why do they all seem to pg. 9) fit so well into the profile of 12. What about the two the ‘reformist-influenced’, soldiers supposedly shot on 14. What is the truth ‘fanatical Islamists’ and their shoulders after sporadic behind the background of the ‘violent’ stereotype of the firing by the ‘gang’? alleged group leader, anti-establishment, Mohd. Amin Mohd. Razali? misguided rebel? And boy, The Wednesday edition of the does Mohd. Amin the cult Star (July 5) had a front page • Is he one of 13 children accord- leader fit the swashbuckling, picture of a soldier in bandage ing to one cousin (Star, July 7, red and white turbaned, with a colleague holding a drip pg. 3), or, one of 9 children, ac- moustachioed and bearded, next to him walking together cording to a cousin named dreamy-eyed, captivating into the Taiping hospital to be Musa bin Abdullah (Sun, July demon ‘Prince of-Islam’ warded. Question posed even 9, pg. 10) ? image. He is every inch the at that time was why Taiping • If he left the army ‘about 10 caricature!caricature!caricature! and not Kuala Kangsar hospi- years ago’ (Sun, July 9, pg. 10), tal as the latter was nearer. Next he must have been 19 then. The group was said to be set up day, on Thursday, a doctor in • If he had worked as a private in September 1998 (magical Kuala Kangsar hospital con- with the army’s special intelli- date!), its members champion firmed that only one wounded gence regiment (Quoting Jihad and the setting up of an soldier was treated at his hos- Najib, Star, July 7, pg. 3) , this Islamic state, and most are pital. Even the IGP announced must mean that he was re- young professionals and local that only one soldier was in- cruited into the intelligence university graduates. Now, jured and not two as reported. unit still a teenager? how does one explain that the So, who’s the mystery soldier, • If he, ‘drove cement lorries in members were a motley assort- named, a Sarjen Hassan who Klang for about three years be- ment of systems analysts, gar- was whisked into the Taiping fore becoming a businessman deners, drivers, labourers, en- hospital, with his shoulder in Klang…court-martialled for gineers, information technol- bandaged? 18 months for escaping ogy, computer experts and ac- detention...detained for drug countants? Are they what they 13. Where was the post- offences and people traffick- appear to be? Was this purely a mortem done, and ing’ (Sun, July 9, pg. 10); as well mystical event? Have aliens how many were injured as, ‘ studied in Indonesia un- landed in Malaysia? Have al- after the surrender? der Ibnu Abas, Al Ma’unah’s iens taken to turbans and army principal’ (Star, July 8, p. 1), did fatigues? Have aliens infil- • Police exhumed the three he go through all this experi- trated the army? Taken over the bodies at 9pm and took ence within 10 years? government? Taken over our them to the Kuala Kangsar • How did he set up, at age 27 lives? hospital for a post-mortem (the cult group was said to be TO BE CONTINUED... (Coming (Star, July 7, pg. 3) established in 1998) an organi- soon to a theatre near you). • Post-mortem was done at sation capable of hoodwinking Ipoh hospital (Utusan Malay- numerous professionals and D.L. DaunDaunD.L.

Aliran Monthly 20(5) Page 23 Mr MCA President, if you don’t of using religion for its political “know why teachers are angry have the power to upgrade TAR agenda and praising itself as be- with the Government” (The Star, college, then please say so. Please ing fair and moderate to all in 17 May) and other similar prob- don’t ask your youth chief to act Malaysia. lems, then he should read alter- and pretend as though a study native publications like Aliran, would be carried out to determine But lo and behold, huge banners Wasilah, Detik, Eksklusif, Harakah if it is feasible for it to become a are sprouting along the roads or even The Rocket instead of the university. It is a crying shame leading to the PWTC for the New Straits Times, Utusan Melayu that the chairman of TAR college UMNO General Assembly, pro- and The Star, which usually pub- sees it fit to state that TAR college’s claiming loudly Hidup Melayu, lish what the Government expects main objective is to train more mid- Hidup UMNO! As if using racial to her. These pro-establishment dle-skilled labour. Does this mean slogans for its political agenda is papers practise self-censorship that ambitious students should better and holier than PAS! and do not normally entertain never enter TAR college? readers’ letters or articles critical Let all Malaysians see UMNO for of the Government out of fear of As for The Star editor, V K Chin, what it is – a racial party. After the Emperor. we want to nominate you for the more than four decades of being “world’s best government mouth- an independent nation and much We do not know from the chil- piece prize. In less than 24 hours effort in trying to unite the vari- dren’s story whether the Emperor after an explanation by the TAR ous races together, let the silent accepted the truth of the child’s college chairman, The Star read- majority say, “UMNO, Tidak words and what happened to the ers were fed with an editorial ti- Boleh” and – to the politicians child, but the test of a wise, just tled “TARC must never waver who continue to dwell on issues and righteous Emperor would be from its objective” which is of race, religion and language for his reactions to the words of the equivalent to “TARC must never their own selfish ends – “Malay- child. Malaysians may be for- become a university”. It seems an sia Mana Boleh?!” given but faulted, if they know explanation by the MCA presi- that their Emperor is without his dent is not convincing enough. As Hidup Malaysia clothes but continue to praise the the world’s best government Petaling Jaya beauty of his clothes and the ISA. mouth-piece, V K Chin must do Indeed we are reaping what we his part. Pharaoh have sowed. Without Clothes We wonder if being a Chief Editor Fear With Prejudice does not require one to think criti- In the children’s story of the Em- Petaling Jaya cally, rationally and intelligently. peror Without Clothes, his officials In Malaysia, it seems one is a good were afraid to tell him the truth Teluk Kemang - editor by just echoing what gov- but instead praised his beautiful A Keadilan View ernment leaders have to say. We non-existent clothes, lest he got do not want our intelligence to be angry with them. For those in The Malaysian mainstream media insulted anymore. Thus, we have power and authority, there is have once again shown us the decided to boycott The Star for one much wisdom to learn from this meaning of one-sided reporting. month. simple story if they really want to It is now very clear who is calling know the truth about what is the shots in this new party called Angry Students wrong. But they must be prepared the PRIM. If the PRIM is con- (This letter carries 25 names) to listen, not only to those around cerned about the welfare of Indi- them who will say what is pleas- ans, it should be fighting for real UMNO’s Double ing to the Emperor’s ears, but also issues pertaining to Indian wel- Standards to those who are not afraid, like fare. the child in the story. Given the opportunity, UMNO As it stands, they are just a dis- has no hesitation in accusing PAS If the Prime Minister wants to gruntled group, being made use

Aliran Monthly 20(5) Page 24 of by the BN to confuse the 18 per Backbiting, childish behavior Through developing the power of cent Indians in Teluk Kemang. If only serves to help the BN. So- discrimination, we can set the they really care, they should work called “opposition” party mem- pace for transformation within us as an NGO. Politics is for all the bers need to decide whose side as individuals and then within races: Teluk Kemang has a popu- they are on! Let us work together - society and within the nation as a lation of approximately 46 per to make Keadilan work. whole. Let us stop ‘denying’. cent Malays, 35 per cent Chinese and 18 per cent Indians. The can- Dr Xavier Jayakumar Bill Ayadurai, didate has to look into the needs Supreme Council member Ipoh of all the people in its constituency. keADILan (This letter was written before the A Reader’s Response In keADILan, we have Ruslan Teluk Kemang by-election). Kassim, a very experienced poli- Thinking Allowed is a regular fea- tician, who has given us an un- Denial Syndrome ture in the Aliran Monthly. Hardly dertaking that the needs of the In- any of the readers miss it. For the dian community will be safe- So long as there is the “denial syn- author analytically and interest- guarded. We, the Indians in drome”, every Malaysian is going ingly explains certain current keADILan, have complete faith in to say, “everything is okay, we are events. Nevertheless, I wish to the leadership of the party. Our fine, we are the best, Malaysia comment on the piece in AM 20(3). aims and vision are very clear. We Boleh.” will not only work for the welfare Professional Journalism of the Indians, but for all the peo- It takes tremendous courage to in The Star.Star.The ple in Teluk Kemang. admit when we are wrong. We Thinking Allowed ponders why have to call a spade, a spade. And The Star took great pains to high- Besides, why is the PRIM jump- we have to work towards chang- light the plight of those who were ing on keADILan? The PRIM, ing the thinking of society. We, rendered homeless as a sequel to supposedly an opposition party, whether individuals or leaders, the repeal of the Rent Control Act seems to be more sympathetic have to look within ourselves and and concludes that any loss of towards the BN. Is this some sort commence a change. We have to face for Dr Koh Tsu Koon is a gain of a ploy by the BN to confuse overcome the six deadly sins-lust, to the MCA. the electorate? If the members of anger, greed, desires, envy and the PRIM think UMNO or the jealousies. None of the major reli- Well, the reaction was immediate: BN is more sympathetic towards gions/religious faiths in this The Chief Minister offered the the Indians, then they should all country states that these sins can Deputy Speaker’s position to the join the MIC. Why form a new be condoned. Let us not MCA! party? compartmentalise religion and acclaim, “my religion is the best”. No Shame - Jeffrey Kitingan The PRIM should be more con- We are egoists when we say that. The title of the section in Thinking cerned about the various issues All religions are good. During dif- Allowed I think, should have been and problems faced by the Indian ferent times and in different situ- “A Plan of God”. community in Teluk Kemang. ations, different prophets/saints Namely, monthly wages, and sages appeared and started Thinking Allowed’s conclusion healthcare and housing. The lat- different religions/faiths. that “some politicians obviously est statistics show that the Tamil never learn” is not acceptable. I schools are faring very badly in Therefore not us not imply by will explain why - On his way the UPSR examination. The rea- statements that this religion is the back to Sabah after his release sons and solutions need to be best or superior to another. Let us from ISA detention, Jeffrey had a worked on. The state of some of not be judgmental for behind meeting with the No. 1, Dr the Tamil schools is so disgrace- judgementalism lies a sense of in- Mahathir. He then stood on a PBS ful – we would be afraid to put security. Let us go within and re- our children there. alise the potential within us. Continued on page ??

Aliran Monthly 20(5) Page 25 SOCIAL ISSUES Between Myth And Reality Why are Orang Asli more prone to illness? by Dr Jeyakumar Devaraj

here are at present 19 dis- dence of TB spine and meningeal TT tinct ethnic Orang Asli Table 11Table TB. TTT groupings in Peninsular TB in Malaysia Malaysia with a total Malaria is endemic among Orang population of 105,000, constitut- Annual Incidence of TB per Asli and they account for half to ing 0.5 per cent of the Malaysian 100,000 Population three quarters of all cases of ma- population. They represent one of 1994 - 1996 laria in Peninsular Malaysia (Ta- the most marginalised and im- Philippines 400 ble 3). poverished groups in Malaysian Indonesia 220 society. Thailand 1 7 9 Malaria and tuberculosis are cited Malaysia 6 5 here as indicator illnesses. A host Having worked in Perak, which Western Europe 20 of other infectious illnesses, nota- is home to about a third of the bly upper respiratory tract infec- Orang Asli in Malaysia, I have tions, and acute diarrhoeal ill- had numerous opportunities to Table 22Table nesses in children are also much meet and treat Orang Asli patients TB among Orang Asli more common in the Orang Asli over the past 13 years. My talk to population as compared to the you is based on these experiences. Incidence of TB per 100,000 general Malaysian population. First, I will give a brief over-view Population in 1998 of the health status of the Orang Complications of Childbirth Asli, then discuss the underlying General Perak Population 47 causes ill-health among them, Perak Orang Asli 247 Small surveys carried out in and end with some comments on Tapah Hospital, Perak, revealed the role and responsibility of the that the incidence of complica- Medical Profession. Not only is their incidence of TB tions of childbirth were much higher, it is also more severe as more common among Orang Asli Orang Asli they often present late, and they mothers as compared to the gen- Health Status also have a much higher inci- eral population (Table 4).

Infectious illnesses Table 33Table Malaria among Orang Asli The incidence of infectious dis- eases among Orang Asli is much Year 1992 1994 1995 higher than for the non-Orang Asli population. For example, the Cases in P. Malaysia 9330 8245 7752 incidence of tuberculosis (TB) among Orang Asli in Perak is Orang Asli Cases (%) 4810 (51.6) 6186 (75.0) 6142 (79.2) about 240 per 100,000 or 5.5 times that of the Perak population over- Source: Dr Rowdan, Gombak Hospital all (Tables 1 and 2).

Aliran Monthly 20(5) Page 26 Table 44Table Table 66Table Complications of Childbirth, Tapah Hospital, 1992 Findings of Sham’s study

Malay mothers Orang Asli mothers • Very high prevalence of (control) (all) severe malnutrition among Orang Asli Admitted in labour 47 1 3 6 children. • 370 (65%) of the 566 Transferred to Orang Asli children bigger hospitals 0 1 7 surveyed were under- weight Stillbirths 0 3 • 372 ( 65.7%) were stunted (i.e. heights > 2SD less than the mean for their Moreover, the birth weights of Orang Asli population, includ- age) Orang Asli neonates were much ing women and children. Con- lower than their other Malaysian sequently the incidence of counterparts (Table 5). chronic obstructive airway dis- wise excellent paper on the nutri- tional status of Orang Asli chil- Table 55Table dren, concludes that “this practice Weight of Neonates, Tapah Hospital, 1992 (of using condensed milk as a weaning food) stems from ignorance Percentile Malay (47) Orang Asli (113) regarding breast feeding and finan- cial constraints”. He continues that below 3rd 17.0% 58.4% “A number of food taboos will have 3rd - 10th 25.5% 12.4% to be overcome before any change in 11th - 50th 42.6% 24.8% the dietary habits of the Orang Asli 51st - 90th 14.9% 4.4% can be instituted effectively.”

Malnutrition eases is high among the Orang However, a careful reading of sur- Asli. Consumption of potent veys of the dietary practices of Khor Geok Lin’s study of the nu- cheap beverages with high alco- Orang Asli, such as JM Bolton’s tritional status of Orang Asli chil- holic content is increasingly Food Taboos among the Orang Asli dren in the Batang Padang Dis- common among Orang Asli in West Malaysia, reveal that the trict of Perak documented very men, and is a cause for concern. Orang Asli diet is quite adequate clearly the considerable malnutri- if they have access to foods nor- tion among Orang Asli children. Documented HIV infection does mally assessible to them in their not seem to be common as yet traditional habitat. It is only when Professor Sham Kasim’s 1986 though cases have been noted. their traditional economic activ- study of 23 Orang Asli kampungs ity is curtailed by resettlement to (Table 6) found that “resettlement Underlying Causes new area, or the “development” of the Orang Asli has not improved of Orang Asli Ill-health of the forests around them that the nutritional status of their chil- their food practices result in in- dren. It may even have contributed to Ignorance? adequate protein intake. a deterioration of their health and nutrition status.” Most medical researchers tend to Depressed economic situation assume that ill-health among Illnesses due to lifestyle Orang Asli is primarily due to ig- Their depressed health status is norance and cultural practices. directly linked to their socio-eco- Smoking is prevalent among the Sham, for example, in his other- nomic situation. The Orang Asli

Aliran Monthly 20(5) Page 27 of Peninsular Malaysia were and empowers the “State Authority” profound way – the subversion of are hunter-gatherers with some to declassify Orang Asli reserves their traditional leaders. The communities practising shifting if and when it wishes to do so. Headman held an exalted posi- cultivation. Both these economic This declassification of Orang Asli tion in most of the Orang Asli activities require access to fairly land has occurred time and again, groups. He was their leader in large tracts of land. For example, and has further depressed the times of strife, and their arbitrator a normal sized family would re- economic viability of the Orang in disagreements involving mem- quire 5 to 7 acres of land for hill Asli way of life. bers of the group. padi cultivation each year. These plots can only be re-used for padi Logging and extensive clearing of The loggers who moved into re- cultivation after a fallow period the forests in their vicinity reduces cently declassified Orang Asli of 4 to 7 years. the amount of jungle produce that lands recognised the authority of the Orang Asli can harvest, de- the traditional leaders, and under- The Orang Asli’s access to land pletes the wildlife and muddies took various steps to win them has been quite severely circum- their rivers leading to a drastic over. Many companies pay the scribed by the political and eco- drop in the availability of fish. headmen monthly “allowances” nomic developments around them for acting as their publicity rela- which have displaced Orang Asli This encroachment onto their tions officers. Several companies from their lands twice in the past lands and the resulting impover- also give presents to win over the 50 years. The first displacement ishment of the community, has headmen. occurred in the 1950s when the forced many younger adults to British relocated Orang Asli from come to the towns and join the In many places Orang Asli com- their remote jungle homes to sites bottom rungs of the urban work munities are ambivalent about closer to the main roads to prevent force with the unfortunate corol- their traditional leaders who Orang Asli communities from lary that quite a few Orang Asli just one generation ago were supporting the communist insur- women have become commercial held in high esteem. This sub- gents. The latter had developed a sex workers. version of their leaders has ad- close and mutually beneficial re- versely affected the social cohe- lationship with the Orang Asli. Social disruption sion of the Orang Asli commu- nities. The vexing issue of in- Orang Asli displacement Apart from causing economic and creasing alcohol consumption physical hardships, “develop- has to be understood within this Over the past 20 years the Orang ment” has also disrupted the tra- larger context. The whole situa- Asli have found that the lands that ditional lifestyle and value-sys- tion can be summarised as in they have occupied since the tems of the Orang Asli in a very Chart 1. 1950’s are now being eyed by the government and developers for Chart 11Chart logging, plantation activities, Root Causes of Orang Asli ill-health highways, and townships. Sec- tions 6 and 7 of the Aboriginal Infectious Peoples’ Act (134) empowers the Illnesses Alcohol “State Authority” to designate cer- Consumption tain lands as Orang Asli reserves within which no other commu- Poor Loss of Social nity can conduct any form of agri- Nutrition Cohesion cultural or logging activities. Disruption of the Low paid However, Orang Asli living in Low Community jobs that area are not given title grants Income to the lands so gazetted. Further- more, subsection 3 of Section 7 MARGINALISATION

Aliran Monthly 20(5) Page 28 Responsibility Of If health professionals wish to some of the wealth derived Health Professionals improve the health status of from “developing” their lands, Orang Asli, they should: and The health problems of Orang Asli • genuine representation in communities are but the epiphe- 1 Be aware that the major causes decisions that affect their land nomenon of their progressive of ill-health in Orang Asli com- and their future. marginalisation. The dominant munities is integrally linked to free-market socio-economic sys- the marginalisation that they 4 Support the emergence of a tem is impinging upon and over- are undergoing. genuine Orang Asli leadership running the traditional subsist- that can articulate the needs of ence system of the Orang Asli. 2 Highlight the links between their community. their economic deprivation The continued integration of and their health problems, in- 5 Urge a strict prohibition of all Orang Asli into mainstream soci- stead of blaming the latter on economic ventures that im- ety is a certainty, and no one can cultural practices or ignorance. pinge adversely upon Orang turn the clock back. In fact even Asli. q the Orang Asli do not want the 3 Argue for better terms for their clock turned back. They want de- integration into the main- Paper presented at the velopment – but one that puts stream economy, via World Conference of Pri- their needs as a major priority, • a more gradual process mary Care Physicians, and at a pace that does not tear • creation of Orang Asli com- Kuching, March 1999 their socio-cultural system apart. munity trust funds that receive

Letters : continued from page ??

ticket in the State elections and he might be the CM of Sabah for Back to School won. Jeffrey then crossed over two years under the Mahathir-in- Under the above title, Thinking to the BN. He tried, but failed vented rotation system. In which Allowed is very critical of our to get a recognizable position case, Jeffrey was not playing “Ju- ACA. Well, if you don’t un- in any of the component par- das”. derstand the miserable plight ties of the BN. of our “independent” ACA, My intention: It could be a con- then I am afraild your investi- Still he wasn’t a loser. One fine spiracy. gative journalism has betrayed morning, the Attorney-General you! Its conscience appears to came to his rescue. Several Catching Up be guided and directed by an charges of fraud and corruption The story says that freedom for unseen robot. preferred against Jeffrey after peaceful assembly without po- two years of investigation by lice permit is being allowed by Someone once commented: the police and the ACA were some of our neighbouring gov- The A-G and the ACA must withdrawn. He escapes the ernments. Thinking Allowed resign and quit. I asked him agony of trial and possible con- hopes we might be able to catch who will appoint their re- viction. Jeffrey then jumps back up with them. It is a pipe dream placement? He was baffled! to his brother’s PBS; gets him- so long as Dr Mahathir is self elected again to the State As- around. Alas, the lack of conscience by sembly. the “independent” instru- Whenever he hears about peace- ments of governance has be- He has performed yet another ful assembly, he gets nightmares. come a curse to our nation. katak leap. He is now back with And on the appointed day, there the BN together with five as- will be more riot police than peace- K George semblymen. Who knows, soon ful people. Kuala Lumpur

Aliran Monthly 20(5) Page 29 SCIENCE AND SOCIETY There’s A Gene In My Soup

Genetically Modified Food

f you’re having trou- erally can feed the world, and II ble making sense of there is little to worry about III the debate over ge- in terms of adverse effect. netically modified They claim, for example, that foods, you’re not alone. To ports will decline; jobs will make things a bit clearer, here’s • GE is just an extension of the be lost; food prices, imports a summary of some of the ar- ways genes have been and interest rates will go up. guments from both sides. mixed and matched for cen- turies — either by natural What Do The Critics Of Genetic engineering (GE) is a evolution, or by traditional GM Food Say? process of manipulating the cross-breeding of plants, Despite the attempted reassur- genetic code (DNA) of a living animals and micro-organ- ances and promises of the ad- organism – for example, in isms. The only difference is vocates, the issue remains ex- plants, animals or humans. Ba- that GE is faster, more effi- tremely controversial. Protests sically one or more genes are cient and more precise. and actions against GM food taken from one organism, have escalated, and lobbies modified, and then put into the • GE is one of the best solu- both for and against it have DNA of another organism. The tions to the problem of grown more intense at inter- characteristic of the inserted world hunger. It can in- national forums. gene(s) will theoretically be in- crease production and/or troduced into the host organ- reduce the cost of food — Doubts about GM food centre ism. essential at a time when 15 on the science (which includes per cent of the world’s popu- possible harmful effects on Genetically-modified (GM) or lation is starving, and total health and the environment), GE food is food produced numbers are still growing. the politics and the ethics of the from plants or animals or or- whole process. For example, ganisms which have had their • It can do this without dam- they include observations that: genes changed in the labora- aging the environment fur- tory by scientists. Sometimes ther, and can actually de- The Science: genetically modified organ- crease non-renewable in- • The ability to move genes isms (GMOs) are referred to as puts like pesticides and fer- across the species barrier is LMOs, living modified organ- tilisers. very new. Although precise isms. methods have been devel- What Do The • Without sufficient invest- oped to search for and lo- Supporters Of ment in gene technology, cate specific genes control- countries that are agricul- ling a desired characteristic, GM Food Say? tural producers will not be the technique used to intro- Advocates of GM food argue able to maintain this role. duce the gene into the host that it is a technology which lit- Food production and ex- organism is imprecise. Sci-

Aliran Monthly 20(5) Page 30 entist cannot control exactly proach to gene technology. tionally or otherwise. where the modified gene Transgenic DNA can persist will locate itself in the host Health Concerns in the environment and DNA (more specifically • Consumers of GM food are transfer horizontally to un- with transgenic plants and inadvertently being ex- related species. Possible ef- posed to unin- fects include: tended toxins or allergens. Inges- • Contamination of air, water tion of certain and soil; kinds of GM food has been • Disturbance of ecological known to seri- balance – may create new ously affect the viruses and hence new dis- consumer’s eases; health. (Support- ers, however, ar- • Loss of biodiversity in crops gue that the risks – crop contamination and are small, and genetic pollution; animals and also in gene safeguards are in place to therapy), though the loca- test for any ill effects. They • Creation of herbicide-resist- tion of the injected informa- also claim that gene technol- ant weeds, insect-resistant tion is important in the out- ogy can help allergy suffer- crops; come of the whole process. ers by having the potential For this reason, all potential to disable genes that pro- • Increased use of chemicals side-effects of products de- duce allergens.) on crops and hence in- veloped using these tech- creased contamination of niques cannot be predicted. • There may be a loss of qual- our water supply and food. ity and nutritional value in • The introduced gene may food. (Supporters argue that • There are already alterna- act differently when work- gene technology will tive and more sustainable ing within its new host. achieve the opposite.) ways of producing food, such as organic farming and • The original intelligence of • There is also the risk of re- Integrated Crop Manage- the host will be disrupted. ducing the efficiency of an- ment (ICM — a mixture of tibiotics in clinical (or vet- careful use of chemicals • The new combination of the erinary) use. This can be a along with other pest con- host genes and the intro- problem when ‘marker’ trol methods). Gene tech- duced gene will have unpre- genes used in the GE proc- nology is merely another dictable effects and there- ess are taken from bacteria ‘quick fix’ — a solution that fore there is no way of resistant to antibiotics. The suits the commercial inter- knowing the overall long- risk is that this resistance ests of big companies. term effect of genetically could be transferred to bac- modified food on the health teria in the human (or ani- The Politics of the consumer. mal) gut. Supporters assess • Who is determining the this risk as small. need for GE? The vigour • GE has not been tested with which large multina- rigorously enough to as- Environmental Concerns tional companies are pursu- certain health risks. We do • Because of the uncertainty ing GE may hide the fact not know enough to fore- of the behavior of GMOs in that in reality no one needs see the risks in the real the environment a number GM food except the compa- world. We should there- of things can happen when nies investing in it. Is the fore take a cautious ap- GMOs are released, inten- only reason for its existence

Aliran Monthly 20(5) Page 31 to increase profits? first place? Where will it ness of the potential risks and stop? If laboratories and revelations of flawed regula- • Who decides what research multinational companies are tory systems in major producer gets done and who owns it? in control, how can we hope countries. Yet the product is al- The ownership of GE tech- to have ethical issues safe- ready made and so the com- nology will exacerbate the guarded? panies will need to dump it gap between those that somewhere and countries like ‘have’ (multinational com- • Many religious groups have ours, in the South, are the most panies) and those that expressed serious reserva- likely dumping grounds. ‘haven’t’ (for example, the tions about the ethics of in- poor and the Third World), terference in human or As things stand, it is unclear as has happened with other other organism’s genes. how Malaysians can know if new technologies. they are consuming GM food. What is the situation At the international level, the • What opportunities are now for Malaysians? companies have blunted or cur- there for individual mem- tailed strong action to track or bers of society to participate There is unfortunately rela- control GM foods. Although in decisions about GM tively little discussion in this there is now an international food? The huge lobby by country whether within the treaty that specifically regu- multinational compa- lates the transboundary nies to stop the label- movement of GE organ- ling of GM food is just isms and the exporter is one indication of their obliged to give notice of power and their refusal a shipment and provide to allow consumers to information for a risk as- make a proper choice. sessment on the GMOs, In addition, the poten- the bulk of GMOs, in- tial health effects of cluding commodities for GM food can only be food, feed and process- tracked with full, man- ing, have been made ex- datory labelling. Their empt. persistent lobby again- st labelling shows that We would do well to companies investing in pressure for safeguards GE aren’t interested in against the possible dan- accountability. This is gers of GM food and en- also seen in their lobby sure the formation (and against other interna- implementation) of a tional initiatives with regulatory framework on regard to movement and media or elsewhere about GM GE as well as legislation to pro- trade in GE products. food. The fact is that all the vide for mandatory labelling of question marks about the proc- GE products. q • World hunger has little to ess and the implications are do with inadequate produc- relevant to all of us. There is tion of food or poor quality an increasingly strong move- food. The answers lie rather ment to reject GM food by con- Compiled by Aliran in redistribution of wealth, sumers, manufacturers and re- exco member Dr Prema equity and power. tailers in the North. This comes from mounting evidence of the Devaraj from various The Ethics dangers of GM crops and food, Internet websites. • Should we be tampering doubts about supposed higher with genetic codes in the yields, growing public aware-

Aliran Monthly 20(5) Page 32 DEMOCRACY Democracy in Sarawak? Elected representatives lectured by civil servant by Chendang Hollis Vol 19(6)

icture this: elected rep- dates? Or, as in the case of the Sarawak? Did the workshop resentatives being lec- thirty representatives, should they teach anything about the need to PPP tured by a top civil serv- come clean and tell the people that legislate against party-hopping as ant on how to overcome they are not good at performing in the case after the 1987 state elec- the challenges of the future and their roles (and so warn voters to tion when the ruling coalition understand the needs, demands think twice before voting for won by a narrow margin? and expectations of the people. them)? What does this say about elected representatives in the No, that would be too much for Welcome to Sarawak, Malaysia, Sarawak State assembly? Does the participants to handle in a your “choice” destination for the this workshop confirm what three-day workshop. It would next “democratic” state. A three- thinking Sarawakians already jeopardise their political future day workshop to enhance the per- know about how the State legisla- and ruin their career prospects. formance of elected representa- ture is stacked with “yes wo/men” Instead, they would be told how tives to the Sarawak Legislative who do what they are told or only better to convince the people to Assembly was declared open by do what is needed to please the one part with their land, to ensure po- the Deputy State Secretary on 10 who has control over their candi- litical stability through the anni- April in Kuching. It was reported dature in elections? hilation of the opposition and that some 30 representatives at- maintain one kind of legislature, tended, understandably all of Shouldn’t elected representatives the controlled kind with all them from the ruling Barisan learn to listen to communities elected representatives from the Nasional. The Deputy State Sec- struggling to protect their Native ruling coalition. retary told participants to practise Customary Rights (NCR) land what they learnt in the workshop. from loggers, from plantation That is close to democracy, owners, and most of all, from the Malaysian style. After all, in Ma- Long overdue advice perhaps, con- State Government which gives out laysia, “delections equals democ- sidering how Sarawak has been licences and titles? Shouldn’t racy”, regardless of the gerryman- “developed” thus far? elected representatives open their dering, the controlled media, the Sarawakians should take note that eyes and ears and clear their con- use of public funds for party pur- their elected representatives have science over the suffering, injus- poses and money politics. still much to learn about how best tice and violation of rights expe- to represent the people. This is con- rienced by people in Sarawak? Perhaps we should vote for the firmed by the State Government What about the numerous cases Deputy State Secretary whose which requested the workshop. of rights to land being denied to “advice” to elected representa- the people while given to families tives mark him clearly to be a “bet- But looking beyond the mere hu- and friends of political leaders in ter” representative than his civil mour of this “first of its kind” work- Sarawak? service position allows. shop in the state, it tells a story of Sarawak’s sad state of affairs. Did the workshop teach the rep- Malaysia Boleh! And Sarawak resentatives to question the “ whos Boleh? Should aspiring candidates for and whys of timber concessions” the upcoming state election start being concentrated in the hands Source : Rengah Sarawak http:// attending such workshops before of so few politically well con- www.rengah.c20.org/news/ they offer themselves as candi- nected individuals and families in 20000420.htm

Aliran Monthly 20(5) Page 33 strators.

It looks like Kuala Lumpur is now under siege with a heavy police presence. Today, we have seen how the might of the state has been used to wipe out any pre- tence of a democracy. From today, we can no longer call ourselves a democratic nation. Aliran, how- ever, salutes those Malaysians who were arrested in their defence of democracy and their basic right to assemble peacefully.

We call upon the police to release A record of Aliran'sAliran'sAliran's stand on current affairs. all those detained immediately and unconditionally. To detain A Sad Day For handed tactics in dispersing them any longer would be a trav- Malaysian Democracy peaceful demonstrators. Why are esty of justice. they observing a day of silence? It What was to have been a peaceful should be able to say whether Aliran Executive Committee gathering at the National Mosque Malaysians have a democratic 15 April 2000 to present a memorandum to the right to assemble peacefully. If it King has been crushed using all cannot speak up at this crucial Stop The Violence the might at the disposal of the time, its existence is meaningless. state. Aliran deplores the high- If it had spoken up, the sceptics Respect Our handed action of the police in ar- would have been convinced that Constitutional Rights resting and chasing reformasi sup- it is indeed an independent body porters using tear gas and water with courage and commitment to Aliran calls upon the authorities, cannon even at the vicinity of the defend democracy. Through its in particular the police, to stop its National Mosque. We regret the silence, the commission has con- violent assault of our fundamen- use of police helicopters and per- demned itself. tal rights. Though enshrined in sonnel with automatic rifles to our Federal Constitution, these intimidate the public. We also deplore the mass arrests rights - to peacefully assemble, to of reformasi supporters who were travel freely, to be presumed inno- We also call on the authorities to only planning a peaceful gather- cent until proven guilty, to due investigate a BBC report that “po- ing. Police have confirmed that 46 process when arrested, etc - have lice beat one man in the mosque Malaysians have been detained not been respected whatsoever. compound”. If the report is accu- over the last two days in connec- Instead the authorities have re- rate, the police should explain tion with the Black 14 gathering. sorted to high-handed and bully- why they acted lawlessly and bru- Very likely, this figure will rise as ing tactics. tally in dispersing people. It is more Malaysians are likely to be even more reprehensible that this arrested. We call on the police to A proposed peaceful assembly on act should be committed within guarantee that they will be treated 15 April 2000 to demonstrate soli- the hallowed grounds of the Na- humanely. So far we have not darity and sympathy for former tional Mosque. heard of any report that these gath- deputy Prime Minister, Datuk Seri erings have been unruly or rowdy. Anwar Ibrahim, was first denied It is also disturbing that the newly There was no sign of any violence. a police permit. appointed Malaysian Human Thinking Malaysians will wonder Rights Commission has nothing why there was a need to act vio- The PM and the authorities al- to say about the authorities’ high- lently against peaceful demon- leged that the demonstrators were

Aliran Monthly 20(5) Page 34 planning to riot and incite vio- claimed that they were assaulted. KeADILan. lence. Yet not an iota of evidence has been provided to substantiate It is equally despicable that Cheah Dr. Francis Loh the allegation. Kah Peng, the lawyer who accom- Secretary panied Tian Chua to the Police 18 April 2000 Instead, a number of leaders and Station, and who insisted upon activists from Parti KeADILan due process, was himself arrested. Why Are Maids Not Nasional were arrested on 14 In fact he was stripped and put Given Days Off? April. Roadblocks were set up all into an overcrowded cell. Subse- over the country and police per- quently released, he has been According to a Malaysian Asso- sonnel were seen in train stations placed under police bail and is to ciation of Foreign Worker’s Agen- querying people travelling to the report back on 16 May to find out cies (PAPA) Executive Council Federal Capital. if he will be charged for obstruc- Member (The Star, 7 April 2000), tion of public officers from dis- Sri Lankan maids are not eligible Meanwhile, thousands of police charging their duties. for days off from their work and personnel were mobilised. They Filipina maids will have to pay flooded the streets of KL and Aliran calls upon the police to re- 25 ringgit for each days off they transformed it into a police state. lease all those detained immedi- take. Apparently, “off days are dis- ately and unconditionally. They couraged because various social Not surprisingly, only a small were merely protesting and ex- problems are caused by foreign crowd of several hundreds gath- pressing their rights. They threat- maids mixing freely.” This state- ered to demonstrate on 15 April. ened nobody and caused no riot. ment, and the thinking behind it, They clearly posed no threat to raises a number of issues. But the anybody. Yet the police unleashed Aliran further calls upon the po- basic point that maids are not al- their wrath upon them. Tear gas lice to stop their high-handed lowed to have a day off (or have to and water cannons were fired. ways and desist from further vio- pay for it) is simply unacceptable. The demonstrators were chased lations of our Federal Constitu- and 48 people, including two tion. It seems as though they have The legislation governing lower- women and a minor were de- learnt no lesson from the sentenc- paid workers in Malaysia, viz. the tained. They were remanded in ing of Rahim Noor, the former IGP, Employment Act 1955, sets out a 10 different police stations. All for assaulting Anwar Ibrahim, the number of minimum rights for were further remanded at the KL former Deputy PM. This is why Malaysian workers, which in- Magistrate Court on 17 April. Aliran and other groups had in- clude one rest day a week, paid sisted on a more severe punish- public holidays, paid annual Apart from these 48, Mohd Ezam, ment for Rahim Noor’s crime leave, paid sick leave, maternity Gopala Krishnan, Abdul Malek which has far-reaching conse- leave and benefits and fixed work- Hussein and Tian Chua have also quences on how the Police ought ing hours. These minimum rights been remanded for 5 days on and ought not to behave. are guaranteed and have been grounds of suspicion that they given because it is deemed that were “provoking the public to be Finally, Aliran holds the PM, Dr anything less would be exploita- involved in an illegal assembly”. Mahathir responsible for viola- tion and would severely affect Two other KeADILan leaders - tions of our rights and for not workers’ health and productivity. Muhammad Zahid and Sanusi honouring the spirit and letter Abdullah sought by the police of our Federal Constitution. He Sadly, domestic workers and for- have since surrendered and are is also responsible for the eign maids have so far been ex- expected to be remanded as well. shameful transformation of KL cluded from the full coverage ex- into a police state. Indeed it was tended by the Employment Act. It is deplorable that the Magistrate he who alleged that the demon- This means their rights as work- Yang Arif Lailacul Junaidah who strators were threatening a riot ers (and as human beings) are sat in the remand hearings refused and unleashed the police and its neither recognised nor guaran- to send those injured to the hospi- high-handed ways upon the teed. They are free to be exploited tal for treatment. Some have leaders and supporters of parti by their employers and their agen-

Aliran Monthly 20(5) Page 35 cies. They have little or no protec- Are we really saying that we are tained: that it is the citizen’s inal- tion whatsoever. Furthermore, we happy as a nation to make work- ienable democratic right to assem- have PAPA saying that a certain ers work 7 days a week, 365 days ble and demonstrate peacefully to category of maids does not deserve a year, without any consideration highlight a perceived wrong. any rights, and another section for their health, happiness and can have them but must pay for productivity? None of us would There can be no ifs and buts re- them. work under such conditions. garding this right in a civil soci- What is the difference between this ety. It is a legitimate form of ex- What is it about domestic work situation and slavery? And why pression to register one’s dissent that makes a domestic worker in- is there a distinction made be- and dissatisfaction. eligible to be covered under the tween Sri Lankan maids and Employment Act? Why should Filipina maids (where do the In- Any attempt to thwart this legiti- they be treated so differently from donesian maids fit into this?) Is mate avenue of expression is not other workers? The answer lies this any different from the racist only a denial of our democratic in the way in which men, who reasoning used to justify and right but a violation of a basic dominate decision-making in our maintain the slave-trade? human right i.e. the right to as- society, generally view women’s semble. roles. This includes the perception Maids are human beings like our- that domestic work (home-mak- selves. To denigrate them and Just as the commission has taken ing) is not really work at all, which deny them basic rights, which we a commendable stand on the right is of course nonsense. would never deny ourselves, is to of a person to assemble, it must denigrate ourselves. It is hypo- also state its unequivocal views Because housework is seen as critical. We must stop exploiting on arbitrary arrests, the lack of free- ‘woman’s work’, it is seen as petty, domestic workers and provide dom of speech, curbs on media unskilled and undemanding. As full cover for all of them - regard- freedom, custodial violence, indis- long as the home is kept in order, less of ethnicity, sex or creed - un- criminate shootings and the need the effort involved does not need der the Employment Act 1955. In for an independent judiciary. to be discussed nor given any im- making this positive step, we portance. The invisibility of the would be safeguarding the rights Such openly expressed views will domestic worker (i.e. the woman) of the workers who come to us for go a long way in convincing the has also led to the invisibility of employment; we would be en- sceptics that the Commission is domestic work and vice versa. hancing the status of an area of here to protect and uphold our work so long ignored and de- human rights without fear or fa- Our whole social fabric depends graded; we would be raising the vour. on good housekeeping. People status of women; and, in doing all conveniently forget that they can- these things, we would be en- The Commission should also im- not go to work or work efficiently hancing our own dignity, as indi- mediately recommend to the if household chores are undone - viduals and as a nation. Malaysian government to ratify i.e. no-one to raise and mind the the UN Covenant on Civil and children, prepare the meals, wash Dr Prema Devaraj Political Rights and the UN Cov- and iron the clothes, keep the Executive Committee member enant on Economic, Social and house clean, look after the sick, 19 April 2000 Cultural Rights. There is no need care for elderly parents and so on. for further study of these instru- We need to wake up to the fact that The Right To Assemble ments, which have been around domestic work directly underpins Is A Legitimate Right for years, as they have already the nation’s economy and that the gained universal acceptance house is a workplace. It certainly By acknowledging “a person’s among more enlightened and is for domestic workers - we pay right to assemble,” Tan Sri Musa, democratic nations. them but we are unwilling to give the chairman of the newly formed them the rights that we as a na- Malaysian Human Rights Com- P. Ramakrishnan tion have given to our other work- mission, is indeed endorsing President ers. what Aliran has all along main- 24 April 2000

Aliran Monthly 20(5) Page 36 Shattered Public upon the Thai authorities to re- so, shouldn’t this investigation Perception frain from using any official or un- have been allowed to unearth this official force to resolve this mat- element of corruption and expose Aliran is appalled that the Court ter. the guilty party? of Appeal did not state the grounds for dismissing Anwar Aliran calls upon the Government Are we serious in fighting corrup- Ibrahim’s appeal against his con- of Thailand and the Electricity tion? Mahathir himself had re- viction on four corruption charges Generating Authority of Thailand viled and ranted - and even shed and his sentencing to six years’ (Egat) to respect the legitimate de- tears - against corruption and imprisonment on 14 April 1999. mands of the protesters, and to money politics. Why then did he strive by all peaceful and legal abort this investigation? It is all the more distressing that means to enter into sincere dia- the Court of Appeal despite hav- logue and negotiation with the Anwar Ibrahim was charged and ing a written 59-page judgment protesters’ representatives in or- convicted for abusing his position refused to disclose its reasons der to find mutually acceptable and influence - which constituted when it dismissed Anwar’s ap- solutions to the present impasse. corruption - in ordering the police peal this morning. to do his bidding. Dr B T Khoo When a person’s freedom is in- Executive Committee How different was Mahathir’s al- volved and when a conviction had 19 May 2000 leged conduct from the abuse-of- deprived that freedom, the Court of power charges filed against Appeal as a dispenser of justice is Is Mahathir Guilty Anwar? Didn’t Mahathir, accord- expected to devote some time in Of Corruption? ing to court evidence, use his po- explaining its decision. When this sition and power to order that the norm is not observed, it leaves the Aliran is shocked to read that case against his “senior officer” public with a shattered perception Prime Minister Dr Mahathir be closed - in spite of “an official that everything is not right with our Mohamad had ordered the former complaint” and evidence pro- system of justice. Anti-Corruption Agency head to duced by the raid? close his investigation against ex- P Ramakrishnan Economic Planning Unit head Ali Thinking Malaysians would say President Abul Hassan Sulaiman. that Mahathir must also be guilty 29 April 2000 of corruption. This shocking news was dis- Stop Arrests closed in open court by Shafee Aliran will not call the police to Yahya who also revealed that investigate Mahathir - it would be Aliran wishes to express its pro- when the ACA raided Ali’s office an exercise in futility. found and grave concern over in 1998, they discovered large news reports that the Government sums of cash in his drawers which Aliran will not ask the Attorney- of Thailand, and specifically the could not be accounted for. General to explain this obvious Governor of Ubon Ratchathani case of double standards because Province, plans to arrest or eject Action to raid Mahathir’s “sen- the A-G has absolute discretion, with force the members of the As- ior officer’s office” was appar- which cannot be challenged. sembly of the Poor who have gath- ently taken following “an official ered in peaceful protest against complaint by an aggrieved party” Aliran however, will bemoan this the adverse effects of Pak Mooi and what was undertaken “was lack of accountability by the au- Dam on their livelihood. officially required of the ACA.” thorities and appeal to the con- Aliran is at a loss to understand science of every thinking, caring We understand that over 1,000 why this investigation wasn’t al- and feeling Malaysian to pray for protestors, based at the 7th Baan lowed to take its natural course. our country. Mae Mool Man Yuen community may be affected by forcible action From the evidence, it would ap- P Ramakrishnan on the part of the Thai authorities. pear that there was an element of President Aliran therefore urgently calls corruption involved. If that was 14 June 2000

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Aliran Monthly 20(5) Page 39 COMMENT The Man Hides In Putrajaya

“Justice Mahathir” is Court Shy!

by Martin Jalleh

he manmanhe who once said “I am willing to age to do the same in a Court at home! TTT testify” (The Sun, 28 October 1999) , comes up with a 14-page affidavit to The manmanThe who once told the foreign press say that he is unwilling to go to Court! that Anwar “tried to overthrow me”, tells the Court through an affidavit, that he The manmanThe who once complained “The Courts never bore any grudge against Anwar or have limited what I can say about Anwar” (NST, felt his position as the premier or the 30 September 1999), strongly declines to have UMNO president being threatened by his his say and day in Court! deputy.

The manmanThe who once declared “I have incontro- The manmanThe who has neither time nor tolerance vertible proof, that it (the allegation of sodomy) for the judicial process now insists that sum- is true...Other people cannot very well get the moning him as a witness would be “in bad information I got” (Straits Times, 23 September taste and an abuse of the court process.” 1998), now declares he has nothing new to add to the case! The manmanThe who wants us to believe that “...in this country, no one is above the law” (NST, 7 The manmanThe who once preached that “the law must September 1999)...” will testify only if given a be allowed to take its course” (NST, 23 April list of the questions...” (The Sun, 28 October 1999), decides how the law should take its 1999). course! The manmanThe does not at all believe in what he had The man who, before audiences in Tokyo, Lon- once so movingly proclaimed (!) — neither does don, and New York, “testified” and “ruled” the Court, which eventually ruled that the PM that Anwar is guilty of sodomy, lacks the cour- need not testify! q

Aliran Monthly 20(5) Page 40