5127 / RM3.00 / 2002:Vol.22No.10

PP3739/12/2002 ISSN 0127 - 5127 / RM3.00 / 2002:Vol.22No.10

Aliran Monthly : Vol.22(10) Page 1 COVER STORY Beyond UMNO vs PAS Elections as opportunity by Philip Khoo

“Is Any Opposition Better Than No Opposition” - the lead story in Aliran Monthly last month - raises many important issues about the future of this country.

Everyone would benefit from read- ing the article with an open mind, taking to heart the serious questions it raises about PAS’ direc- tion, and asking themselves where they would like to see Ma- laysia headed — and then think about how one might go about achieving it.

This is especially true of those sympathetic to PAS and its agenda of an Islamic Malaysia. Does PAS’ programme and actions go towards achieving its dream? Or, looking at real histori- cal experiences elsewhere, will it instead realise a condition that is only Islamic in name and diktat, but will, in fact, be as distant from the civilization that produced an ibn Khaldun and an al- Khwarizmi, a Rumi and an ibn Rushd, as the Malaysia of today’s is?

Sadly, responses to criticisms by some senior PAS figures indicate that such reflection is unlikely to happen. This is tragic, indeed un- conscionably blind, for it is clear that the most celebrated Islamist revolution of our age, the Iranian, is in trouble and resorting to

Aliran Monthly : Vol.22(10) Page 2 EDITOR'S NOTE

Our cover story is a continuation of last month’s theme: is any opposition better than no opposition? CONTENTS Philip Khoo appreciates the issues raised last month but suggests that the question and argument are wrongly posed. Like it or not, opposition to BN rule COVER STORY and its policies is growing. He reminds us our op- ••• Beyond UMNO vs PAS 222 tions are not limited to either UMNO or PAS; there ••• The Role Of The Opposition 777 are other oppostion parties too. We can also learn from our women activists who have built a strong movement for change. FEATURES ••• To Serve With Love 999 Accompanying the lead are the views of reformasi ••• Evicted Ex-workers 111111 activist Raja Petra. For him, an opposition, warts and all, is better than no opposition whatsover. A ••• Loyalty To The People's Needs 151515 pragmatist, he argues that an opposition with a com- ••• Remembering Azmi Khalid 232323 mon concern for justice can cooperate and effect po- ••• Against US Plans To Attack Iraq 33 litical changes. ••• Why Can't They Sort Thing Out? 404040

The independent stance of two MCA state representatives over the PORR issue grabbed headlines. P Ramakrishnan congratulates them for upholding REGULARS public interest though another Aliran member re- ••• Thinking Allowed 191919 gards the duo’s stand as opportunism. ••• LettersLettersLetters 303030 Another debate surrounds the national service pro- ••• Current Concerns 363636 posal. Mustafa K Anuar wonders if national service will be used to shore up public support for the rul- OTHERSOTHERSOTHERS ing coalition. Andrew Aeria meanwhile asks why ••• Subscription Form 171717 Malaysia and Singapore cannot sort out their bilateral differences over water, CPF, KTM etc when they • AppealAppeal• 181818 can cooperate over security issues. ••• Poem: Them & US 343434 ••• Government (a la Malaysia) 393939 We also pay tribute to the late Azmi Khalid, university lecturer, law academic and Aliran exco member, on the tenth anniversary of his passing. We re- produce extracts from a newly launched book recalling his contribution to the struggle for human rights and justice.

Finally, we extend our warmest festive greetings to all our readers and peace and blessings for the New Published by Year. Aliran Kesedaran Negara (ALIRAN) 103, Medan Penaga, 11600 Jelutong, ALIRANALIRANALIRAN is a Reform Movement dedicated to Penang, Malaysia. Justice, Freedom & Solidarity and listed on the Tel : (04) 658 5251 Fax : (04) 658 5197 roster of the Economic and Social Council of the United Nations. Founded in 1977, Aliran welcomes Homepage : http://www.malaysia.net/aliran all Malaysians above 21 to be members. Contact the Hon. Secretary or visit our webpage. Printed by Angkatan Edaran Enterprise Sdn. Bhd. Lot 6, Jalan Tukang 16/4, Seksyen 16, 40000 Shah Alam, Selangor Darul Ehsan.

Aliran Monthly : Vol.22(10) Page 3 ‘Islamically’ disguised secular These Oppositions did not come intends. As he notes, he has al- instruments of repression and out of nowhere. Nor is their char- ways found himself to be in the control to extend its life a little acter, even more the nature of their Opposition. Still, the posing of the more. support, the product of the imagi- issue does result in the unintended nation of a few individuals. outcome of casting the choices as Wrong Question… Rather, they have been deeply if one were in a supermarket And Argument shaped by the actions, policies choosing between brands, rather and dominance of the Alliance than that one is instead a partici- Nevertheless, the article is and of the BN. Not least, they have pant in one way or another pro- wrongly titled and argued. It falls been shaped by the largely suc- ducing those very brands and not into a serious trap and is, in fact, cessful actions and policies of the some others. guilty of the same enclosed mind- BN to suppress multi-ethnic class- set, turning away from both based secular oppositions, even This leads to the third issue, in present realities and from history. ethnically-based secular opposi- some ways related to the first: The In doing so, it is illustrative of how tions. terms of the argument in effect turn successful the rulers of this coun- dynamic realities into static enti- try have been in shaping our The well-springs of discontent are ties, almost cast in stone. In addi- thinking, constricting perspec- no mystery. They range from the tion, the argument collapses what tives and stunting our ability to continuing, possibly widening is a diverse Opposition into a sin- imagine options. An example of gap, between rich and poor and gular one, unwittingly adopting this is the recent and on-going the corresponding quality of life the BN model where UMNO is controversy about English — with and life chances, to the hugely re- clearly and evidently dominant its imagined “golden age” of Eng- stricted and heavily policed space and what UMNO says, goes. lish in the past, when in fact that for democratic expression and past was one in which a lower dissent. They relate to the re- In fact, however, the options are percentage of the population read, stricted opportunities for the av- greater than, and will always be wrote or spoke English. So also in erage citizen, rural and urban, and greater than “any Opposition” or the case of the present issue of the continuing sharp divide be- “no Opposition at all”, or, put “any Opposition” or “no Oppo- tween the ethnic groups and be- more starkly, PAS and UMNO. In- sition”. tween classes. If anything, they are deed, the options are greater than likely to get worse in a world of what exists within the world of It is hardly a question of “any rising inequalities and inequities, party politics, although admit- Opposition” or “no Opposition”. one in which many find them- tedly party politics still remain An Opposition, or rather, Oppo- selves marginalised, their noses primary, at least in this country, sitions, exist and have existed, pressed to the glass dividing them when an election looms. and they are not about to disap- from the cornucopia of consump- pear no matter the dissatisfactions tion possibilities which they can To fail to see this, and to fall into with them. Even if they were to see but not enjoy, while simulta- the trap into which the writer of disappear, other Oppositions neously many on the other side of “Is any Opposition better than no would spring up, for the simple the glass divide toss about in Opposition at all?” has fallen is reason that the well-springs of vague discontent. to end up backing the present rul- discontent and disenchantment ing party, thus locking us into a are not about to disappear. Excluding Oneself situation which is the source of From The Equation our present predicament. Indeed, Growing Discontent the ruling party is precisely count- The second issue: Posing the ques- ing upon such a narrowing of per- Hence, the first issue has to be: tion as one of “any Opposition” spectives as this leads to the view, What are these well-springs of dis- and “no Opposition at all” is, in “better the devil we know” or “the content, and why is discontent effect, to exclude oneself from the lesser of two evils”. This perspec- channelled into the Oppositions equation altogether. This is not tive induces paralysis and iner- we see today? something the writer of the article tia, and perpetuates a situation

Aliran Monthly : Vol.22(10) Page 4 which many say they wish to end. Rather, it should be cast in wider the issue is not one of “any Oppo- terms of opposition to an unac- sition” or “no Opposition at all”, And this is the fourth, perhaps ceptable situation, with effort di- and restricting that to political most important issue: The need to rected towards changing that situ- parties. Rather, it is one of choos- adopt a broader perspective than ation, with the result that what is ing where and what one pursues that of party politics; the need to changed includes the framing of in an imperfect world where noth- have a perspective in which party party politics itself. ing is ever as one would wish it, politics is just one component of a instead of perpetual complaints broader context and situation. This took hard work and dedica- followed by frustrated Such a perspective enables us to tion — many of the women activ- handwringing. There is always see that party politics is the way it ists have been at it for the better the option of seeking to change the is at least partly because we are part of their adult lives, stretch- climate of opinion, the range of the way we are. ing back a quarter century and perspectives and the perception of more — regardless of the twists possibilities, and in so doing, of Learning From Our and turns of party politics. Un- changing the circumstances of Women Activists doubtedly, they have been assisted our lives to some degree. by the changing climate of world We need only take a look at the opinion, by the attention of inter- Beyond UMNO vs PAS success that Malaysian women national organisations such as the activists and their organisations United Nations to issues pertain- But in fact, even in the realm of have had to see one option. There ing to women, and so on. Those party politics and, more specifi- are two recent measures of that who wish to denigrate their cally, in the impending elections, success, which are also partly achievements may even say that the range of choice is not so nar- pointers to the way forward. Three they succeeded because they did row. years ago, when the woman cannot challenge the structures and didate for Siputeh was insulted for the balance of power in the coun- For one thing, there are more par- being a woman, the electorate re- try. ties than PAS in the Opposition. acted and handed her a hand- Whatever their weaknesses and some victory. Twenty years ago, But they did, even if to a limited their shortcomings, there is Parti this would not have happened; extent — for one of the dimensions Keadilan, PRM and the DAP. instead, it is likely that at least half of power in the country was and There are also individuals, the electorate would have consid- is the power of men to dictate the whether in the ruling coalition or ered it a ‘witty’ joke and laughed. agenda of the day and the terms in the opposition worthy of our In the intervening twenty years, of discussion. No longer; at least, regard, and some of these indi- while misogyny remains an un- no longer as completely as was viduals are facing threats from pleasant fact of Malaysian life, the previously the case. their own leadership for their “re- climate of public opinion had calcitrance”. Would it not be in changed significantly. How sig- To return to the analogy men- our interests to ensure that such nificantly can be gauged by what tioned above, while women activ- individuals continue to have a happened three months ago ists and organisations may not voice? Thus, it is not and has never when, in the context of the have been quite able to change the been an “all or nothing” option. Terengganu hudud law bill, it brands altogether, they have suc- was clear that the one clear com- ceeded in getting the brands to re- For another, it is pretty clear, and mon ground for criticism of the bill package themselves to some de- made more certain with the recent was that relating to the treatment gree. This has modified them a lit- constituency re-delineations and of women. tle. We have the women activists the current state of the world, that to thank for this change of perspec- the BN will win the forthcoming This example shows that the is- tive, of the terms of discussion elections. Viewed thus, the choice sue of opposition need not, indeed and, hence, the range of choices. is: What kind of a win? Do we should not, be cast in the narrow seek to send a clear message of terms of party politics alone. If this assessment is correct, then dissatisfaction by denying them

Aliran Monthly : Vol.22(10) Page 5 a two-thirds majority? What if we find the range of Opposition parties not to our liking? Do we organise for a clear reduction in the voter turn-out, or indeed for a so- phisticated campaign of spoiling votes? Do we organise around issues, supporting and campaigning for candidates prepared to endorse a particular plank? Should we begin to push the idea that elections are not just for political parties but an occasion for people to try and alter the terms of discussion and the publicly stated agenda?

Do we use the elections as an opportunity, or do we allow ourselves to be used opportunistically?

These are only some of the possibilities. Others can well think of many others. What we must not and should not allow is a self-imposed narrowing of perspectives and options. Least of all should we allow ourselves to think in terms of “any Opposition” or “no Opposition at all”.

Finally, for an organisation such Subscription available for only RM10 a month as Aliran, one dedicated to alter- ing the terms of public discussion and debate, to changing perspectives, there is the clear opportunity in the lead-up to the elections in tabling for public consideration a series of issues, local and global, that confront us today, and to do so in a manner that is not simply reactive to the powers-that-be Address: 2-4 Jalan Bangsar Utama 9, or to “the Opposition”. q 59000 Kuala Lumpur.

Phone Malaysiakini: 03-2283 5567 We welcome feed- Fax Malaysiakini: 03-2289 2579 back from readers on this lead story E-mail Malaysiakini: [email protected]

Aliran Monthly : Vol.22(10) Page 6 COVER STORY The Role Of The Opposition

A Conversation With Raja Petra

n the last issue of Aliran stain? Because as Muslims they Monthly [Vol. 22 No. 9], could not go against the doctrines III the question was of their faith. And were they broached - do we need threatened with the sack by the an Opposition when the present UMNO high command (cf. the grouping of Opposition parties two MCA ‘rebels’ of Penang). are so obviously at odds with one No. Nothing was said. another, and one of which — PAS - is arguably as authoritarian as ‘As for the other Opposition par- the Barisan Nasional itself? In ties, the KeAdilan members did other words, would we not be bet- not protest, because they happen ter off without an Opposition at to be Muslims as well. The DAP, all? on the other hand, did protest — as is their prerogative in a demo- Better Than No Plan cratic society.

‘Nonsense!’, exclaimed Raja Petra can such a party belong to a move- Not Fair To Blame PAS Kamarudin, the feisty chief editor ment which proclaims the virtues of Seruan (formerly Berita) KeAdilan of democracy and freedom of ‘PAS, of course, has its own and director of the Free Anwar Cam- choice?’ agenda: it is interested in Islamic paign, when the question was put law because it is a party based on to him in his office the other day. Raja Pertra is not one to duck a Islam. However, it is not fair to ‘A bad plan is better than no plan. question. ‘PAS’, he said, ‘ has blame PAS for acting unilaterally. At least, if you have a plan (or an every right to proclaim its convic- They acted in the way their sup- organization) you can detect its tions and to campaign for the im- porters expected of them, just as weaknesses as you go along, and plementation of its policies. It is other parties do in a democratic take steps to remedy them. With- a party based on Islamic princi- system. They had promised in the out a plan, you have nothing to ples, and there are no Muslims election that if they came to power, say. It is like designing a new who are prepared to defy the they would introduce Islamic law. house, and then improving on the syariah law or any other basic If PAS does not stick by its princi- design – which without the origi- tenet of Islam as revealed in the ples and its promises, it would nal would be impossible. We must Koran. What did the four UMNO cease to exist.’ learn from our experience and act State representatives who were upon it.’ present do when the Hudud laws ‘But is it not contradictory for PAS were put forward in the to go along with secular parlia- ‘Well then, what about PAS?’ , we Trengganu State Legislature the mentary democracy a la Westmin- asked. ‘Here is a party, a member other day? UMNO itself has criti- ster in Malaysia when its own of the BA, whose leaders, just like cized the PAS State Government principles are authoritarian ones those of UMNO, tell their members for introducing these laws, but based on religious tenets?’ we ven- what to do and expect them to toe did these UMNO representatives tured. ‘No, not at all’ came Raja the party line, and who try and vote against the motion for their Petra’s response. ‘PAS has no impose their ideology on others - introduction? No! They ab- choice in the circumstances. It is as in the case of the Hudud laws stained — and abstention is as the only road to power by peace- in Trengganu, for instance. How good as assent. Why did they ab- ful means’

Aliran Monthly : Vol.22(10) Page 7 ‘Of course, the BN likes to harp ‘In other words, all the Opposi- apples in it, or close our schools on the differences of point of view tion parties share in common the because some teachers are bad?” which exist between the various fundamental aim of achieving a Opposition parties, forgetting that just society. They only differ in For Raja Petra, the answer is an there are also many different the route to take in order to emphatic ‘No!’. Life has to be points of view among their own achieve this common end.’ lived, with all its imperfections. members. We can aim for an ideal, but can- The Art Of not expect that we will be able to ‘In fact’ continued Raja Petra, The Possible achieve it - in totality. But we must warming to his theme, ‘ the BN each try to do our bit, and put partnership of UMNO, MCA and To sum it all up, Raja Petra right, however slowly, what we MIC is equally as incompatible, if emerged as the supreme prag- perceive to be wrong. We must be not more so, than the Opposition matic philosopher. ‘Politics is the positive, not negative, in our ap- parties amongst themselves, be- art of the possible’, he says. ‘Noth- proaches. We must also learn to cause each BN component party ing in this life is perfect. We are all respect the values and convictions represents its own communal in- born with our defects. Does this of others, to give and take, and terest. The BN is really nothing means that therefore we should find solutions to problems as they more than a marriage of conven- give up and abandon life because arise. Above all, we must stick ience, in which the dominant part- of these imperfections? Should we firmly to what we believe in and ner, UMNO, calls the shots. abandon a cause because we de- not allow others to take control of tect some weaknesses or faults in our lives.’ BA Based On Justice it? Should we abolish the Police Force because it has some rotten Food for thought. q ‘Take the BA, on the other hand. It is an alliance based on one sali- ent principle - justice, justice for all. The concept of justice is at the HELPING OUR NEIGHBOURS root of Islamic faith. All men are brothers and entitled to equal jus- In a book by James Bender he relates the story of a farmer who tice. The rich must help the poor, grew award-winning corn. Each year he entered his corn in as is exemplified in the tithes of the state fair where it won a blue ribbon. One year a newspaper zakat and fitrah. In the mosque con- reporter interviewed him and learned something interesting gregation, status and position about how he grew it. The reporter discovered that the farmer count for nothing. Furthermore, shared his seed corn with his neighbors. “How can you afford according to the Prophet even to share your best seed corn with your neighbours when they assabiyah (i.e. nationalism) is for- are entering corn in competition with yours each year?” the bidden, because all men are broth- reporter asked. “Why sir,” said the farmer, “didn’t you know? ers in the eyes of the Creator, and The wind picks up pollen from the ripening corn and swirls it may not be divided between the from field to field. If my neighbours grow inferior corn, cross- privileged and underprivileged pollination will steadily degrade the quality of my corn. I must based on race, colour, position or help my neighbours grow good corn.” He is very much aware wealth. of the connectedness of life. His corn cannot improve unless ‘Justice for society as a whole, his neighbour’s corn also improves. So it is in other dimen- against exploitation by powerful sions. Those who choose to be at peace must help their neigh- individuals forms the basis of the bours to be at peace. Those who choose to live well must help socialism of the Parti Rakyat Ma- others to live well, for the value of a life is measured by the lives laysia (PRM); the DAP campaigns it touches. And those who choose to be happy must help others for a social order based on meri- to find happiness, for the welfare of each is bound up with the tocracy, not special privileges for welfare of all. The lesson, if we are to grow good corn, we must certain groups; the very name of help our neighbours grow good corn. Parti KeAdilan Nasional speaks for its commitment to social jus- Friends of Peace Pilgrim Newsletter tice.

Aliran Monthly : Vol.22(10) Page 8 SOCIETY To Serve With Love

If officials think national service can instil patriotism and unity, they could be in for a surprise by Mustafa K Anuar

he thrust of the govern- lective political and economic implications for ‘national secu- TT ment’s national service safety. rity’ and ‘political stability’. Some- TTT proposal is that Malay- times the Prime Minister Dr. sia is under an ‘external This is of course in addition to the Mahathir, makes explicit who threat’ and therefore, there is a list of ‘external threats’ these ‘threats’ are - such as ‘neo- need to mobilise the nation’s Malaysians are often reminded of colonialists’ of certain western youth to undergo a six-month pa- by the government, which in- powers and international capital, triotism-boosting and military cludes international ‘rogue trad- but at other times these ‘external training stint. ers’, the ‘WTO warriors’, and threats’ are simply lumped to- ‘IMF proponents’ especially in the gether under one broad category The stint’s added values are dis- aftermath of the Asian financial or remain unidentified . cipline, civic consciousness, team meltdown. spirit and national integration The Sept. 11 episode provided the among the youth of various eth- And nationally, not too long ago Malaysian government ammuni- nic backgrounds. we were informed by the govern- tion, if you will, to bolster its ‘na- ment via the mainstream media of tional security’ argument. The This national service poser came the emergence of a group of indi- draconian ISA, for instance, has in the wake of the September 11 viduals, variously called at differ- been given new vigour by the gov- attacks when many countries had ent times Kumpulan Mujahideen ernment in its own war against taken numerous so-called security Malaysia, Kumpulan Militan ‘terrorism’ and ‘extremism’, espe- measures, many of which violate Melayu, or Kumpulan Militan cially when there are countries human rights and principles of Malaysia, whose primary objec- said (by the Malaysian govern- justice. tive was allegedly to create trou- ment) to have copied ‘the ble in the country. There were also Malaysian template’. In the first place, the military insinuations that this group might bludgeoning of Afghanistan (af- have links with the infamous Al- To reiterate, this is where the na- ter the gruesome Sept. 11 tragedy) Qaeda movement. These ‘extrem- tional service issue is placed by by the US would have convinced ists’ or ‘militants’, a number of the authorities for it suggests in many people that the world’s only whom were associated with the part why the government puts superpower is indeed a cause for opposition Islamic party, PAS, heavy emphasis on patriotism global concern. Further, the US’ were swiftly caught and detained and nationalism especially stand on the Palestine-Israel issue under the Internal Security Act among the youth. leaves much to be desired. And its (and therefore we won’t be able to bellicose attitude towards know if they are innocent or not, Reformasi And Saddam’s Iraq raises fears will we?). “Malay Disunity” amongst many about the superpower’s dangerously unilateral- The above ‘external threats’, the But there may be another dimen- ist tendencies and about their col- government asserts, have serious sion to this national service propo-

Aliran Monthly : Vol.22(10) Page 9 sition if events prior to the Sept. 11 to differentiate between love for involve being critical of the gov- episode are any guide. The uncer- country and love for government. ernment of the day in the interest emonious dismissal of former This blurring of a crucial distinc- of the larger community. For this, deputy prime minister Anwar tion may be the guiding principle the citizens’ right to freedom of Ibrahim in 1998 sparked a public of national service. expression must be upheld. Citi- outcry especially from the Malay zens could feel marginalised – and community. This episode un- If this is really the hidden agenda of course, penalised — if being leashed the Reformasi movement behind the proposal, then the gov- critical is labelled as an act of se- that calls for justice, transparency, ernment would be wasting an dition. and accountability as well as an immense amount of taxpayers’ end to cronyism, nepotism and money in terms of buying uni- Civic consciousness, which is one corruption. forms, boots, other related para- of the values that is built into this phernalia, and food provisions national service proposal, is cer- The ruling coalition, especially among others. (By the way, who’ll tainly crucial to nation-building. UMNO, subsequently experi- be awarded the tender to provide But if this element is felt lacking enced cracks in its political he- all these?) in present day Malaysian soci- gemony. Many Malays, including ety, then certain factors will have the young, rallied behind opposi- Apart from that, precious time and to be addressed. tion parties such as PAS and talent would be wasted if the na- keADILan, alarming the ruling tion’s young are put under strict One of these relates to the kind of politicians to such an extent that regimentation in an attempt to economic development that seems they have painted this crisis as straight-jacket their thinking. to have promoted selfishness, cal- one that ‘disunited the Malay lousness, and material greed. For community’ and could destabilise Is Criticism example, we have seen over the the nation. Unpatriotic? years that certain government policies have encouraged private gains This explains in part the hurried But even if the government is sin- over public good, whether in health, birth of Puteri UMNO in a bid to cere in promoting the spirit of pa- in education or in other areas. woo young Malay women par- triotism and nationalism among ticularly those in the professions the young, one can only do so In other words, national service and those living in urban areas. much. There are other social fac- may not serve as a useful ‘quick fix’ tors that could effectively weaken to a set of problems that actually The national service proposal this sentiment. For one, institu- deserves mid- and long-term plan- constitutes part and parcel of the tional racism and other forms of ning and implementation if they ruling party’s attempt to attract discriminatory practices in both are to be solved. It requires a recon- the young into its fold given that the public and private sectors sideration of factors in the larger these young adults are at an age could make a person feel less wel- society - for instance, certain poli- when they are about to exercise come, unappreciated and not cies that disunite people and rob their voting rights. This would duly rewarded. Such practices, if them of their patriotic sentiment. mean that national service may not checked, are also a recipe for serve as a convenient platform for national disunity. Post-Sept. 11 has alerted citizens of the political indoctrination of the world that national security young minds pertaining to the Patriotism tends to grow quite and sovereignty is something that Barisan Nasional politics. naturally on a person when she should not be taken for granted. At has a sense of belonging to the the same time, we should be wary Such indoctrination could be ex- country, that is, if and when she of certain actions of our respective ecuted via the rubric of instilling is made to feel that she has a stake governments that are taken in the patriotism and nationalism dur- in the development and the future name of ‘national security’. For ing the course of the six-month of the country. these actions can ironically ‘terror- stint. The ruling party has in the ise’ the citizens’ civil liberties and past seemed unable or unwilling To be sure, a patriotic act may also human rights. q

Aliran Monthly : Vol.22(10) Page 10 COMMUNITIES Evicted Ex-workers Take On Plantation Giant

Ex-estate workers, their homes demolished by bulldozers, are fighting back, demanding fairer compensation in a classic David vs Goliath battle by Jeyakumar Devaraj

he residents of Bukit Jelutong Estate in Shah TTT Alam, Selangor, got a rude shock on the morning of 26th June 2002, when employees of Guthrie came house-to- house sticking Notices for Vacant Possession on their doors. Shock turned to horror when 45 minutes later, at about 10 am, several bulldozers started demolishing their houses. Taken by surprise, and intimidated by the presence of a large number of police personnel and Majlis Bandaraya Shah Alam enforcement officers, the residents watched in disbelief as the bull- Reduced to rubble: a bulldozer flattens the workers' quarters in Bukit Jelutong dozers tore down all 42 houses that had been the Bukit Jelutong Estate workers’ quarters.

Retrenched Because Of “Development”

The Bukit Jelutong residents, – former employees of Bukit Jelutong Estate - were retrenched in 1997 as Guthrie had received official sanction to convert their 2,200-acre estate into a huge housing and mixed development project. Guthrie offered these workers low-cost flats priced AT RM25,000 located in Subang, 20 Out in force: the large presence of police personnel intimidated the residents

Aliran Monthly : Vol.22(10) Page 11 km away as alternative housing. of Appearance and that this omis- parte order for vacant possession However, these workers were not sion had enabled Guthrie’s law- for 3 weeks, then served it on the satisfied with this offer as their yers to obtain an ex-parte order workers on 26 June 2002. Within cash compensation was only from the Shah Alam High Court an hour of service of this order, the about RM330 per year of service. on 6 June 2002 for vacant posses- demolition of their houses pro- This would have been insufficient sion. ceeded without giving them the to pay up the RM25,000 for their legal 14 days’ notice. Legalities flat and would have therefore Ex-parte Order For aside, common sense dictates that posed great difficulty for them. Vacant Possession. people be given a reasonable time Besides, they did not want flats. to pack up and vacate their The Bukit Jelutong workers asked This High Court Order granting houses! But Guthrie chose to play for 3-room low cost terrace houses vacant possession gave the peo- rough and tough, and what was in Shah Alam itself as well as cash ple 14 days to vacate their houses surprising was that the police and compensation of RM1000 per year from the date of service of this or- the Majlis Bandaraya Shah Alam of service - which was not asking der on them. If the people had enforcement officials went along for too much considering the eco- failed to comply with the court with this high-handed and illegal nomic downturn and the diffi- order, then the correct legal proce- action. culty that they were forced into by dure would require Guthrie/ Guthrie. Skrine and Co to go back to the Legal Tricks courts to obtain a Writ of Posses- Despite intervention by Dato sion specifying a further time pe- The residents of Bukit Jelutong Sivalingam, a Selangor State Exco riod within which the workers estate, are not alone in their tribu- member, the negotiations re- would have to vacate their lations. The ex-workers of Bukit mained deadlocked. Guthrie en- premises. This new order would Tinggi estate, Klang, are in a gaged Skrine and Co, one of the have to be served on the residents simliar predicament. Their estate largest legal firms in the country, by the court bailiff. Only on com- was sold by Guthrie for RM 200 to evict their former workers. The pletion of this second time period million to Harum Intisari Sdn Bhd retrenched workers also engaged is the bailiff empowered to carry for another development project. a lawyer who told them that their out forced eviction with the help The workers were offered RM7000 case had been fixed for hearing on of the police. plus RM250 per year of service as 27 June 2002. What they did not compensation. About half the re- realise - and had no way of know- However, Guthrie had no pa- trenched workers were not happy ing either - was that their lawyer tience to observe these legal “ni- with the terms of compensation had failed to file a Memorandum ceties” so they held on to this ex- and had asked for further negotiations while refusing to vacate their premises. Guthrie engaged Skrine and Co to file proceedings to obtain vacant posession.

On receiving Skrine’s Writ OF Summons that was served on them, the ex-workers of Bukit Tinggi went to court on 19 March 2002 intending to ask the court for time to engage their own lawyer. They were met by a lawyer from Skrine and CO who told them that their case had been fixed for hearing on 8 April 2002. However, Skrine and Co lawyers went back People Power outside court: Bukit Tinggi ex-workers refused to vacate their quarters to the Court Registrar on 26 March

Aliran Monthly : Vol.22(10) Page 12 2002 and obtained a Default Judgement awarding Guthrie vacant possession on the grounds that the workers had not filed a Notice of Appearance.

Luckily for the Bukit Tinggi workers, the lawyer whom they subsequently engaged found out that an ex-parte order for vacant possession had been granted to Guthrie. Strenuous efforts including the filing of an urgent injunction re- straining Guthrie as well as direct representation to the Chief Justice managed to stave off summary Submitting a memorandum to the Perak Mentri Besar: Retrenched Changkat Salak and demolition as occurred in Bukit Kamiri estate workers find solidarity in numbers Jelutong logue, choosing to resort to the underwrite the development of the Arrogant Refusal courts for an eviction order. nation’s infrastructure and in- To Dialogue dustry. Here again, within several weeks Guthrie has also got Skrine and of filing the Writ OF Summons, However, the economic progress Co to file eviction proceedings Skrine AND CO followed up with underwritten by plantation against its former workers in an application under Order 14 of wealth has led to the eclipse of the Changkat Salak Estate and Kamiri the High Court Rules asking for a plantation industry itself. Urban Estate both in Sg Siput Perak, summary injunction for vacant and industrial areas have ex- where more than 160 rubber tap- possession. However, the ex-work- panded and consequently the cost pers were retrenched in December ers of Changkat Salak and Kamiri of land has shot up. Large planta- 1999 when Guthrie switched from had been fore-warned by the tion companies are in an enviable rubber to oil-palm. Here again events in Bukit Jelutong and Bukit position as they are sitting on there is an unresolved dispute re- Tinggi and had remained alert. prime land with astronomical garding the quantum of compen- Their lawyers filed an affidavit in market values – for example sation with Guthrie only offering reply to Skrine and Co’s Order 14 Guthrie recently sold their 1,366- approximately RM330 per year of application. The matter is now acre Haron Estate in Klang for RM service, the minimum specified in fixed for hearing on 22 January 522.7 million. However, the plan- the Employment Act. It must be 2003. tation workers, who had worked noted that the Employment Act for three generations for a pittance does no prevent the employer from Sucked Oranges - the average wage of a rubber tap- offering better retrenchment ben- per is still RM350–400 per month efits than the minimum stipulated Rubber was the largest export item - are losing not only their jobs and in the Act. for Malaysia up till the mid-1970s, livelihood but also the houses that when it was displaced by oil palm they have lived in for the past 50 Guthrie’s ex-workers are asking which maintained its position as years and more. for subsidised alternative hous- the largest export-earner for the ing as well as cash compensation country for another six years. The plantation companies could of RM1000 per year of service. In Wealth generated by the planta- quite easily set aside a small por- these two estates too, Guthrie has tion sector has not only enriched tion – which really amounts to a again chosen the hard approach the plantation companies but has miniscule fraction – of their in spurning the ten letters sent by also provided the country the collosal profits to help the dis- its former workers asking for dia- much-needed foreign exchange to placed estate workers make a

Aliran Monthly : Vol.22(10) Page 13 smoother transition to life outside the plantations. Unfortunately, however, these wealthy plantation companies are loathe to share even that fraction of their wealth with their former workers who had slaved in these plantations for pittance under deplorable conditions.

Perhaps this uncaring and indif- ferent approach is not surprising as the relationship between these hugely wealthy companies and Fighting back: Bkt Tinggi and Bkt Jelutong ex-workers protest in front of the state assembly building their impoverished workers has always been authoritarian and guard the interest of this poverty gally demolishing their homes. In exploitative. The huge profits that sector have remained woefully addition, these ex-workers are these companies enjoyed during inadequate and callous these past appealing to their respective State the heyday of the plantation sec- 50 years! Governments to intervene and use tor was predicated upon the ex- the Land Acquisition Act, to take istence of a docile, lowly- paid, Guthrie’s Ex-workers over a few acres of Guthrie’s im- ignorant, illiterate resident- Fight Back mense land bank to provide sub- worker population. As they say, sidised housing for the retrenched old habits die hard, and it has be- Driven against the wall, and fac- workers. They are also lobbying come part and parcel of the Cor- ing a giant company with a ruth- the State Assemblymen to speak porate psyche of plantation com- less streak, Guthrie’s ex-workers up for them in the forthcoming panies to be miserly and unchari- in these four estates have chosen sessions of the State Assembly. table regarding the renumeration to stand up and fight. These ex- and compensation of their strug- workers from all the four estates In Perak the retrenched workers gling workers. have sought sympathetic lawyers from Salak and Kamiri have to represent them on a probono launched a signature campaign. Retrenchment and displacement basis in court and the cases will They are asking workers in other of estate workers is not a new phe- be heard over the next six months. estates as well as the general pub- nomenon in Malaysia. It has been lic to sign a memorandum ad- happening for the past 50 years. The Bukit Jelutong workers have dressed to the Menteri Besar urg- It is indeed an indictment of our rebuilt shacks on the sites of their ing him to intervene and ensure political establishment that the former homes and have filed for that the workers are provided laws that are supposed to safe- damages against Guthrie for ille- with decent and affordable alternative housing. The first batch of 3,000 signatures was handed in Let’s get the perspective: to the MB’s office on 10 October 2002. The ex-workers and their 1 . If Guthrie were to pay RM1,000 per year per worker, that friends are still gathering more. would work out to about RM1.2 million more than what they are offering now. The Haron estate sale itself fetched Goliath may have struck the first them RM523 million, while Guthrie’s pre-tax profit for the under-the-belt blow, but David is 2nd Quarter of 2002 was RM474.5 million. still on his feet and fighting back. Recent experience shows that 2. Even if Guthrie were to give housing lots to each family, this Davids do win if they work to- would take less than 12 acres of land. In Sg Siput alone gether and persist in their strug- Guthrie has more than 12,000 acres of estate land. Guthrie gle and if they can move the con- owns 250,000 acres of plantation land in Malaysia. science of civil society to support their cause. q

Aliran Monthly : Vol.22(10) Page 14 PORR Loyalty To The People’s Needs Or Loyalty To The Party? This issue “is a matter of conscience and principle“ by P. Ramakrishnan

liran calls upon the The principled and courageous went against the interests of the AA Penang State Govern- stand taken by the Jawi state as- BN. Precedents are being quoted AAA ment to call off its semblywoman must be lauded by for penalising them. But what Penang Outer Ring Road the people of Penang. It was most must be remembered in this epi- (PORR) project in the light of what encouraging to note that her stand sode is that action is being con- transpired in the Penang State in this issue “is a matter of con- templated against those who Assembly on Thursday, 21 No- science and principle, and these want to safeguard the interests of vember. More than one third of the are things that I will never for- the people. It is ironic that people’s Barisan Nasional assembly mem- sake.” She underlined this posi- representatives are not allowed to bers either stayed away from the tion by publicly stating, “I would fight for the people who voted debate on this issue or did not rather quit than be forced to vote them in. Come election time, those vote for it. More than 25 per cent against my conscience.” who voted against the motion are of the total assembly members the very people who will go were absent when this crucial is- She was absolutely correct when around wooing voters for their sue was debated. she claimed, “I cannot vote support promising to defend their against the motion because as a rights and interests! Though the record may state that responsible elected representa- the DAP motion call- tive, I have been em- It is very inter- ing for the postpone- powered by the people esting to note ment of the project to protect their inter- the view of the was defeated by 19 ests.” This is the crux Penang State votes from the Gov- of the matter: what MCA chief, ernment benches, should prevail in the Wong Kam what will not go un- end - loyalty to the Hoong. He was noticed is the fact that party irrespective of quoted by a two BN assembly the needs of the peo- Chinese daily members did not vote ple? Or loyalty to the as having said that “90 per cent AGAINST the motion. needs of the people of the State, division and elected Looking from another over the interests of the representatives objected to the point of view, these party? This is some- project during a special meeting two assembly mem- thing the other 19 as- held recently”. However, later on, bers by not voting sembly members who claiming that he was misquoted AGAINST the motion voted against the mo- by the daily, he clarified that can only be seen as tion should ponder on. “what I told the daily was that 90 passively supporting per cent of MCA leaders and the motion. It must be It is a shame that there members voiced their reservations emphasised that there are already cries for on the project.” In other words, he is no disgrace in their conduct. their blood for taking a stand that was actually admitting that there

Aliran Monthly : Vol.22(10) Page 15 was no jubilation in MCA regard- something we can do without. But especially when there is so much ing this project - which, simply what our planners are trying to we can do to improve public put, means that they are not happy do is NOT to remove the cars from transport. about the project. That is what is our roads or to minimise their meant, without beating around presence. Instead, they are actu- Elected representatives must re- the bush! ally paving the way for more cars main true to their pledge to serve to haunt us and create a nightmare the people faithfully, earnestly What ails Penang is that there are in Penang. PORR is NOT a solu- and with integrity. If they cannot too many cars choking our roads tion but a temporary relief at an measure up to this promise, then causing massive jams and pollut- astonomical cost to our social fab- they must not go around fooling ing our environment. This is ric. We need not pay this price - the people. q

Infuriated Over Aliran’s Reaction Hey Guys,

I would like to briefly reply to the I am sorry, but I beg to differ with Keep Up Aliran press statement. you on this score. Let’s put a hy- The Good Work! pothetical question, would you First, let me make it clear, that I do think these two MCA assembly I was interested and horrified to not think that the PORR is a good members would have voted read about the two BN assem- idea and I have put my name against if the PORR project had bly members getting into trouble down during the signature cam- been mooted by an MCA CM - just for serving the people. It is a paign against the PORR. conscience notwithstanding? It shame. Shame on NST for their just infuriates me, when an es- non-objective, basically infantile But I think that we might be teemed NGO like Aliran cannot and stupid coverage on this. stretching logic a bit too far, when separate petty party politics for Why are there so many imma- it is claimed that the Jawi assem- what it truly is - petty party poli- ture and feeble-minded people blywoman (MCA) voted against tics. around? Especially the politi- it because her conscience dictated cians - I cannot stand the stupid otherwise. It might interest you to note that term “breaching party disci- while the Puchong residents were pline.” Hello! Where have we been all campaigning against the this while - it is an open secret that Puchong incinerator, The Star Argh! To think people actually the MCA wants to wrest the Chief (which is MCA owned ) gave very believe that the two have done Minister’s post from Gerakan - scant or virtually no publicity at something wrong. Oh no! Having and that there have been numer- all. One wonders if it is because a conscience is a breach of party ous brick-bats, particularly by the the Minister involved was from discipline! two MCA politicians, against the the MCA. One can only wonder Chief Minister. where the MCA assembly mem- I seriously hope my fellow bers or MPs were? Were they voic- Malaysians are smarter than that I am neither an MCA nor a ing their conscience then and get- and don’t just listen to politicians. Gerakan member, but I will con- ting The Star to print the hullaba- And please, vote for people who cede that what the MCA assem- loo? will stand for you and HAVE A bly members had done was not CONSCIENCE! so much to “vote for the people’s It is my sincere hope that an es- conscience“ (which would be a teemed NGO like Aliran would It would be good for Aliran to have noble effort ). It was more an act of take a more objective stand on fu- a forum: I would like to discuss defiance to embarass the current ture issues, instead of objecting for this issue; I especially want to Chief Minister. I think it may be a the sake of objecting. know how many people are bit myopic to try to put the PORR against this view. issue and how these two have Surin voted as inter-related. Penang Winston C

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Aliran Monthly : Vol.22(10) Page 18 satisfactory responses.

Instead of addressing these questions, we are now being side- tracked by the issue of the possible sacking of two MCA politicians. However, there is an upside to all this furor. Despite the government’s denial, PORR has become a highly controversial project. And we’re still only see- ing the tip of the proverbial ice- berg.

So, one is not to be blamed for being even more baffled when deputy CM Hilmi Yahaya inti- mated that the 17-kilometer PORR could become “the most expen- The ‘Great’ they are more like fighter pilots on sive highway in Malaysia”. Un- PORR Revolt a bombing mission. They enter less he was going for some Guin- the fire zone with full cognizance ness book of records, wasn’t the In Malaysia, some events become of its perils – or they should any- DCM shooting himself in the foot? blown up even though they are way! But I wouldn’t put it past our tiny storms in a teacup. This is the policy-makers, who have already case with the abstention of two My concern is with the larger is- got us the longest bridge in South- MCA members on the DAP mo- sues and the sheer mendacity of east Asia, the tallest buildings in tion in the Penang State Assem- government these days. In par- the world, the first to drop a car bly to postpone work on the ticular, Koh Tsu Koon, Hilmi onto the Arctic, etc, etc, to go for it! Penang Outer Ring Road (PORR). Yahaya and the BN government As ALIRAN president Rama- have still to respond to why a par- But hopefully citizens will take krishnan pointed out, more than ticular concessionaire, Peninsular advantage of the continuing con- a third of the BN members were Metro-Works, with no track troversy over PORR to demand actually absent for the vote. If this record, has been given the RM1.02 reasonable answers to legitimate was such an important motion billion PORR contract. And, when questions, none of which they are should not the BN Whip and will citizens see the results of a getting now. deputy CM Hilmi Yahaya, take proper EIA? And, what exactly disciplinary action against these are the alternative considerations Q Q Q Q Q absentees? Instead the two BN to PORR? Moreover, what are the abstainers have been hauled on cost-benefits of an alternative ‘Umnocracy’ the carpet to face the prospect of public transport system to PORR? Is Alive And Strong! being sacked. Some of these basic issues have been long posed by many think- Turning from Penang to the na- Frankly, I couldn’t care less; the ing critics and have appeared on tional concerns, things seem to be MCA is playing its politics with the pages of Aliran Monthly but re- sailing rather smoothly for DPM the view of upstaging the Gerakan mained unanswered. The anti- Abdullah Ahmad Badawi, who eventually. And, if some among PORR groups ranging from CAP, appears to be easing into national them get burnt in MCA’s own poli- SOS! and affected residents have and UMNO leadership surely ticking, so be it. Politicians are not raised many other points, includ- and steadily. The DPM hosted a to be conceived as innocents or ing adequate compensation for “conversation” with journalists lambs led to the slaughter. Instead the affected, and still have got no from Southeast Asia, which was

Aliran Monthly : Vol.22(10) Page 19 ministries. Adnan? He’ll be per- Organisation meeting on Novem- haps the ‘chief cook and bottle ber 14 for Minister of international washer’ and damage controller. trade and industry Rafidah Aziz.. She had an encounter of a canine If the new cabinet appointments kind in Sydney, the day she ar- are no mystery, then certainly the rived together with her weighty decision to keep UMNO kicking luggage for the WTO meeting. The by every which way has been even airport security set sniffer dogs on more candidly stated. In case you her luggage and she instinctively didn’t catch it, the news item was reacted by declaring that as a uncomplicated: “The election of Muslim she could not allow such UMNO top posts and supreme a thing. Why was she so nervous? council members – scheduled for “The officials relented and asked next year – has been postponed to me to put my luggage for scanning after the general election” (Star, 30 after which I was allowed to leave November). I’m jogging my the VIP room” (Star, Nov. 30). televised to Indonesia, Thailand memory to figure out when was and Philippines. Abdullah mod- the last time UMNO had elections The matter didn’t end there, how- estly averred that he could not and can’t come up with a date. I ever. The security men kept fully emulate Mahathir Mohamad guess it was 2000 after the 1999 hounding her (no pun intended). but “Mr Nice Guy” went on to general election. Every time a gen- As she was approaching her car, correct this soft guy image. He re- eral election rolls along, it’s also the sniffer dogs came after her lug- minded his interviewers that as time to suspend UMNO democ- gage again. She then personally Home Minister, he has been re- racy. Whenever it is expedient, the dragged her own luggage away sponsible for detentions under the normal processes of democracy and into the car’s boot. However, ISA. Nice touch, Pak Lah, sock it can be easily sidelined, derailed upon arrival at the hotel, there to them! and, I suppose, with time can be- were the sniffer dogs waiting! This come totally forgotten. That’s time our weighty minister put her Meanwhile, “Not-so-Nice-Guy” Umnocracy! foot down. She threatened to leave Mahathir has declared for the Q Q Q Q Q immediately and miss the WTO umpteenth time that he is defi- meeting if the dogs took one more nitely quitting but not before he Sniffer Dogs And sniff at her luggage. The security appointed some of his favourite Weighty Ministers personnel saw by then that that “sons” to some important cabinet Rafidah was no pushover and positions. Indeed, the news of A not so funny thing happened that they had met their match. these appointments upstaged Pak on the way to the World Trade They left her and luggage in peace. Lah’s conversation with South- east Asia. The three new appoint- Raja Petra of FAC News had one ees, Jamaluddin Jarjis (as second more piece of news to share. He finance minister no less), Tengku said that Rafidah had actually to Adnan (PM’s office) and sign a declaration to say she had Zainuddin Maidin (deputy infor- no offending items in her bags be- mation minister) are all Mahathir fore she was let off the hook. Hor- stalwarts. No prizes for guessing rid Aussies! why these appointments have to be made at this time. Some appar- But the question on the tip of eve- ent reasons: set them up to protect ryone’s tongue surely is, what was the old man’s “interests” after he so special and so precious in the leaves. Jamaluddin looks slotted luggage that Rafidah wouldn’t for the first finance minister and countenance it going through a Zam for information, both crucial sniffer dog test? She surely carried

Aliran Monthly : Vol.22(10) Page 20 no drugs (or weapons) which is the first dictator in the world literary societies may exist but the sniffer digs are trained to detect. who has resigned while still quite topics for debate are carefully Furthermore, the dogs were healthy.” screened and “political” subjects merely sniffing the bags not the are usually filtered out. Or should Q Q Q Q Q items inside them, so the religious we say the authorities seldom en- objection is rather disingenuous. Are Malaysians courage students to be independ- Did she have expensive perfume? Thinking? ent-minded, let alone have ‘dissi- Ikan bilis? belacan? gold? God dent’ views. I had had the misfor- knows! There’s a silly book by Singapore tune a couple of years back to lis- diplomat Kishore Mahbubani ten to a school debate where de- Raja Petra comments: with the title “Can Asians baters spewed out governmental Think?” I find such a poser not propaganda as if they were ora- “Rafidah is certainly very sensi- only patronizing and self-depre- torical gems. Mind you, the judges tive about doing the ‘right Islamic cating, it demonstrates a ‘kiasu’ probably thought they were! thing’ and refused to have her mentality. But never mind our bags sniffed by dogs because, as pompous southern cousins, what The universities? My friends there she says, this was a most about ourselves? Contra will say ‘do spare me’ and usu- unIslamic thing to do. Now, we Mahbubani, I want to ask the ques- ally go no further! One can quickly wonder what her sentiments tion, whether Malaysians are surmise that universities are the about the Internal Security Act thinking hard, deeply and criti- terrain for the paper chase and (ISA) detainees who are being de- cally about events in the world hardly the hotbed for social pro- nied permission to conduct their about us? test these days. For the majority of Friday congregation prayers are. students it is the ideal spot for The congregation Friday prayer is Not much point turning to the three or four years of brain slum- compulsory under Islam and is a mainstream media and their self- ber! bigger deal than refusing to have denigrating columnists, who, as your bags sniffed by a dog.” (FAC regular unabashed apologists for Where then do we find News, November 30.) the powers-that-be have plunged Malaysians who are thinking and Malaysian media into a sub-100 thinking hard about current is- Q Q Q Q Q ranking of press freedom in the sues and dare to speak out? I More Anti-Aussie Fire world (AM, Vol. 22,No. 9). Per- guess one has to seek them out in haps the letters to the editor may cyberspace and from some uncon- “Down Under’ also came under be a better choice. But even here, ventional sources. Cyberspace is scrutiny from our outgoing prime in our experience, letters from indeed the domain where a great minister, who never fails to take a genuine, concerned and thinking deal of Malaysian creativity has whack at the Aussies periodically Malaysians are usually censored taken off, even post-reformasi. The ever since the former PM Paul out by the servile press. ALIRAN’s internet paper Malaysiakini is Keating called him a “recalci- letters and statements to the main- clearly an important site for this trant” for not attending the first stream media meet such a fate all and we find today a host of col- APEC summit meeting of Novem- the time. umnists and writers who regu- ber 1993 at Seattle. Incidentally he larly pepper its virtual pages with sent Rafidah Aziz to take his Where then is one to find evidence trenchant analysis, critical per- place. Last month, Mahathir said: of whether Malaysians are think- spectives and a variety of opin- ing or not? What about our ions in the letters section. How “We say less things about Aus- schools and the salad minds refreshing to read some of these tralia than Australians say about which they house? Is there evi- letters as opposed to the ones in us, calling me a dictator, authori- dence that thinking is encouraged the mainstream print media. tarian government.I am the first or in evidence? I fear not. Learn- authoritarian government (sic) ing by rote and studying to score I found a couple of views ex- elected to become a dictator and in (or pass) exams is the order of pressed on ALIRAN’s webpage, then resigning as a dictator. So this the day. Of course, debating and which illustrated a sense of the

Aliran Monthly : Vol.22(10) Page 21 culture of dissent, which I try to found a regional identity, when struck pay dirt at his house sev- re-present below. can the Southeast Asians? eral months ago and got away Q Q Q Q Q with RM40,000. One other puz- Q Q Q Q Q zling matter is that the bank chair- Reviving The ‘True’ Opposition man and his family were also pre- “Malay World” pared to live in a residence with- In another letter to the Aliran out a certificate of fitness. On 15 October, one ‘Teng’ wrote “guest book”, “Ex-Mahathir in the “guest book” of the Aliran man” responded to the AM lead In Malaysia, we seem to be able to website that the “September 11” article last month on the question get away with all kinds of things, of the Malay world has come on of opposition politics by agreeing and tragedies such as Taman Hill October 12, 2002. He argued that that “no opposition at all is better and the Highland Tower, only that was the day Indonesia’s than any opposition.” The writer nine years ago, never seem to con- economy was crippled irrevoca- suggested that Malaysians who vince the authorities to implement bly and its state as good as failed. want to be real oppositionists and enforce rules for human Says he, “This day also marked should do some of the following: safety and good public conduct. the virtual death of the ‘interna- • Stop visiting monuments and tional Malay nation’ envisioned celebrating national festivals D.L. Daun by great revolutionaries like Jose organised by the Government. Rizal, Ahmad Sukarno, Ahmad • Stop voting. Q Q Q Q Q Boestamam, Burha-nuddin • Stop celebrating National Day Helmi, P. Ramlee, Onn Jaafar, • Don’t hang PM or MB or CM The Other Arms Ibrahim Yaacob, Ishak pictures at offices. Inspectors... Muhammad, and Tunku Abdul • Don’t send greeting cards to Dr Rahman.” M or any Minister, MB or CM. The world media has been track- ing the UN weapons inspectors' Teng’s rather unconventional The suggestions are not particu- every step in Iraq. But there is an- view places emphasis on what larly subtle but do indicate that other weapons inspection team at was known as “Malaysia Raya” Malaysians do preserve a healthy work, albeit with little publicity. or “Indonesia Raya” championed dose of scepticism about politics This item caught my attention - I and popularised by the Malay left and government propaganda. thought it was rather “cute” too. of the past. But I’m afraid the Way to go, Canada! project received its death knell Q Q Q Q Q rather earlier than October 12, Canadians to lead weapons in- Six Bags Full! 2002. The British snuffed it out just spection team into USA before independence and with While everyone will commiserate UMNO’s ascendancy, led by with the retired armed forces chief November 21, 2002 (Toronto) - A Tunku Abdul Rahman, the con- Ismail Omar because of the trag- coalition of Canadian peace cept was buried good and proper. edy that befell him and his family groups today announced their in- at their Taman Hill residence, the tention to send an international The Association of Southeast recovery at the scene of six bags of team of volunteer weapons inspec- Asian Nations (ASEAN) has more money and jewellery would be- tors into the United States later or less replaced the old Malay fuddle most of us. Why would the this winter. The coalition, Rooting World concept. Teng makes the Affin Bank chairman want to keep Out Evil, are recruiting inspectors interesting suggestion that we such large sums of money and pre- through their newly launched should develop the notion of cious gems in his home? As a website, www.rootingoutevil.org. ASEAN regional citizenship, i.e., noted banker, he would surely create the notion of “Aseanites”. have heard of safe deposit boxes. “Our action has been inspired by Despite the rather awkward none other than George W. Bush,” sounding name, that’s not such a This is all the more puzzling given said Christy Ferguson, a spokes- bad idea. The Europeans have that the so-called VIP Robbers person for the group.

Aliran Monthly : Vol.22(10) Page 22 HEART TO HEART: "What comes from the lips reaches the ear, what comes from the heart reaches the heart" - Arab proverb Remembering Azmi Khalid University lecturer, law academic and Aliran exco member

ter , Fauziah, works at HSBC Bank Malaysia in Kuala Lumpur, while Azahari is now attached to Maybank (New York). The young- est brother, Azman, is with Nes- tle, Malaysia.

Azmi spent a good number of years of his primary school life in Ma- lacca. He often regaled the family with stories of his early school life at the Tranquerah English School and never failed to show us the various memorable places in Ma- lacca, which he was particularly fond of, on our trips there.

During his younger days, he contributed articles to a children’s magazine called “The Young Ma- layan”. He had the ambition then to be a journalist but, caught up later with the cause of human rights, he changed his mind. He Azmi's Journey often sat on the editorial boards of some school magazines. He Azmi was born in Sungai Petani, lings only the first four were born was an industrious student and Kedah on 29 October 1949, the in Kedah: Fatimah, Ariffin, participated in many school ac- fourth of eight siblings (four sis- Khatijah and Azmi. Fatimah, the tivities. ters and three brothers). Though eldest sister, who has since passed born in Kedah, Azmi spent his away, lived in Kedah, Ariffin, the Azmi attended two different sec- early primary school life in vari- eldest brother, worked for Shell ondary schools; the Sultan Abdul ous other parts of the country, fol- Malaysia but is now retired and Hamid College in Alor Star and lowing his father’s frequent job lives in Petaling Jaya. Khatijah is later the Victoria Institution (VI) transfers. His father, Encik Khalid with Sunway College. The four in Kuala Lumpur. He had fond Ariffin, was then a cooperative of- younger siblings (Fadzillah, memories of VI where he made ficer and his mother, Puan Asma Fauziah, Azahari and Azman) many good friends who remained Haji Che Man, a homemaker. Both were not born in Kedah. until the end. In VI he was on the parents were from Kedah and Fadzillah, who was a system ana- editorial board of the school have now settled in Ampang Jaya, lyst with Intan, has also passed magazine, a committee member of Kuala Lumpur. Of the eight sib- away. The remaining younger sis- the Bahasa Malaysia Society, a

Aliran Monthly : Vol.22(10) Page 23 school librarian and a member of views on the subject, who took In late 1978 Azmi joined ALIRAN, the school cadet corp. He was over in his absence. which was formed in Penang. He also a member of the Bahasa Ma- was so happy to be part of laysia school debating team, join- At the Law Faculty, the trio of the ALIRAN that he served on its ing seniors such as Rafiah Salim VI debating team met up again committee for many years. It was and Wan Ahmad Hulaimi in when both Hulaimi and Rafiah what ALIRAN believes in as 1966. joined Azmi. However, the reun- much as the approach that it ion did not last very long; adopts that impressed him most. Azmi pursued his legal studies at Hulaimi left first and Rafiah fol- Azmi was by nature committed to the London School of Economics lowed suit but Azmi remained. It everything that he believed in. He (LSE) and the School of Oriental was on the occasion of Rafiah’s felt very strongly for the cause of and African Studies (SOAS). departure from the Faculty to join ALIRAN and would spend time While there he joined the Maybank, in 1988, that Azmi had and energy for what he knew to Malaysian Students Law Society the occasion of reminding her that be a cause for humanity as well and served on its committee. He she was to be literally sitting on as a fulfilling pastime. Even when was also on the editorial board of the remnant of what was left of asked by the then Dean of the Fac- the Society’s annual journal Bukit Mahkamah, which Hulaimi ulty as well as some other col- Kanun. During his LSE days he had launched a campaign to save, leagues to consider pursuing his was exposed to a myriad of stu- With the departure of Rafiah they Doctorate in Law, Azmi always dent activities that included dem- split ways but remained good maintained his view that writing onstrations as well as various so- friends. in the Aliran Monthly or the likes, cial interests that LSE students on issues that matter most, was were so involved in. Committed To indeed a more meaningful contri- Human Rights bution to humanity. Even then Upon his return home to Malay- Azmi often complained of the in- sia, Azmi joined the newly estab- After failing to register a human ability to do as much as he would lished Law Faculty at the Univer- rights society, Azmi decided to like to. Being almost of the same sity ;of Malaya in 1974. During pursue another route. He devel- age as Dr Chandra Muzaffar, he that period the university campus oped a new law course on his often envied and marvelled at was rocked by student demon- favourite subject, International how much more service Dr strations and Azmi had to help Human Rights and Humanitar- Chandra had contributed to secure bail for the release of some ian Law, in 1979. He was ex- ALIRAN (as President) and to law students who were caught in tremely happy that the course other causes. However, the demonstrations on and off the was approved for teaching by achievements of some other campus. the University and was excited friends gained in pursuit of at the prospect of being able to wealth and fame did not seem to Azmi began his teaching career in impart his knowledge and share interest Azmi much. the area of Public International his views on the subject so close Law and Constitutional Law. He to his heart. Azmi firmly be- Azmi was often asked by students zealously guarded the teaching of lieved that upholding and and ex-students to write refer- Constitutional Law and was par- spreading human rights aware- ences for them either in relation to ticularly selective in the choice of ness through education would their job applications or in fur- co-teachers and tutors for that be a sure and effective way, therance of their studies. He kept subject. He insisted that anyone though it may be a slow proc- copies of some of the letters that who taught that subject must ap- ess. Although he realised that he had written for them over the preciate the underlying principles such a subject would not attract years. But the reference that gave of the Constitution and Constitu- many students, he believed it him satisfaction was the one he tional Law. In fact, when he was was not the quantity that mat- wrote for a temporary canteen on his first sabbatical leave in tered; rather it was their commit- operator of the Law Faculty, Pak 1978, he was glad that it was Ariff ment to the cause that was of Cik Mahat, who was keen to be Yusof, someone who shared his paramount importance. considered as a canteen operator

Aliran Monthly : Vol.22(10) Page 24 at the MPPJ building in Petaling ment scripts of his students while Jaya and succeeded in his appli- the children would run around cation. Pak Cik Mahat was for- playing in the cool weather. Inte- ever so grateful. Azmi found that rior decoration was another of the joy which Pak Cik Mahat had Azmi’s interests. He was quite was much more rewarding than meticulous about choosing the perhaps getting some of his stu- right colour of his home which, dents into postgraduate courses. more often than not, ended with brown. Besides being a reference writer Azmi had also stood as guaran- Azmi was described by many as tor for several of his students and quiet, a man of very few words. was even landed with a court As he himself often remarked in judgment. response to such comments, he preferred to think rather than to When Azmi assumed the position trative responsibilities was too talk. His quiet strength was ac- of Deputy Dean in 1980, the late much of a strain on his time. In companied by gentleness, pa- Professor Ahmad Ibrahim was his letter of resignation to the late tience and commitment that then its Dean. During his tenure Prof. Ahmad, he wrote to say that showed him as a serious person he had one overriding concern: during his three years as Deputy in every way, though he pos- that the subjects he taught might Dean he was coping with both sessed a good sense of humour. suffer setbacks due to his heavy administrative and academic du- administrative duties. ties in a manner that he could no It was in October 1985 that Azmi longer say in all honesty that his first discovered his illness while Azmi and I were married in April academic work did not suffer too on sabbatical attachment with the 1980. The arrival of our daughter much. He felt that his academic Human Rights Internet at Alina in 1981 and our son Rizal work had been steadily declining Harvard University, Massachu- in 1982 caused more constraints and for his own as well as his stu- setts. It was a shocking discovery on Azmi’s time. But spending dents’ interests he needed to take for all of us, what with being so time with his young children immediate steps to arrest that far away from home. However, brought him much joy. Azmi al- trend. Besides, such constraints even before there was much time ways insisted that one of us be on his time could not be the way to absorb or ponder over it Azmi around when the children woke for him to bring up the family be- was already scheduled for sur- up in the morning. Since my work cause as he stated “my loved ones gery. On the first day of his ad- at the Attorney-General’s Cham- deserve better from me and I re- mission into Mount Auburn Hos- bers required clocking in at eight ally aim to see to that”. He re- pital at Harvard, Jack Tobin from in the morning, Azmi was happy signed from the Deputy Dean’s the Human Rights Internet vis- to stay back. In fact, Azmi started position in 1983; he later ited him and they both had what doing this after the birth of Alina. reassumed the position in 1986 for he said was to be the last “puff”. He used to bathe the baby before another period of two years. At that time the doctor who diag- going to work rather than trust the nosed him did not fully disclose maid to do it. He later spent most For a hobby Azmi enjoyed listen- the medical problem as yet. After morning breakfasts with the chil- ing to music. Very much a becoming aware of his illness, dren. The breakfast times they homebody, he liked just relaxing Azmi never thought of smoking shared became one of the chil- at home whenever he could. It again. In fact Azmi had made a dren’s most memorable moments was no surprise that his favourite few failed attempts to give up with him. holiday spot was Fraser’s Hill. smoking. Each time he failed he He enjoyed the serenity and qui- joked that smoking and passion After three years of administrative etness of the place where he could for human rights were his only work, Azmi decided that juggling leisurely spend time marking the two “vices”; alas, everyone had domestic, academic and adminis- endless examination and assign- vices he declared. Having given

Aliran Monthly : Vol.22(10) Page 25 up one “vice”, he said that he was High Court for Dr Chandra and help improve Malaysia in a very then quite happy to continue with seven others. In the Attorney- small way as a better country the other. General’s submission to the will serve a bigger purpose. He court, he defined solitary con- said his health was important Recalling some of the possible finement to mean being con- but so was the country’s condi- symptoms of his illness, Azmi fined to a single room which he tion. He was praying for the was grateful that he was being admitted was not up to a five- betterment of the country he said given medical attention in Boston. star hotel standard! Azmi was because then it would provide He reassured us by saying there even more upset that the trial for a better place for the children could not be a better place to get judge had brushed off argu- and future generations to live in. such treatment than in Boston. He ments that the ISA should never The haj was such an achieve- was in one way happy and at the apply and was not intended to ment for Azmi. It gave him so same time very hopeful that his be used against government crit- much fortitude. He often missed prayer to discern what was ailing ics or to stifle legitimate opposi- our two children when we were him was going to be answered. tion or to silence lawful dissent. there because he had never been Azmi always reminded all of us away so long from them. He kept to count our blessings especially The next event that occurred soon thinking about bringing them in the face of any adversity — after this was the convening of a there later but sadly his wish something that helped him perse- tribunal that led to the removal of was not to be fulfilled. vere through his own difficult Tun Salleh Abas as Lord Presi- times. dent in 1988 together with two The next two years were quite other Supreme Court judges, Tan agonising for the family though There were many concerned Sri Wan Suleiman Pawanteh and Azmi hardly complained or grum- friends and family members who Datuk George Seah. Like many bled. After much persuasion by offered good advice on diet obser- Malaysians, Azmi was very much doctors, family members and vation, food supplements, exer- affected by these depressing friends he agreed to go for another cises etc. Azmi diligently ob- events. medical treatment, this time at the served some of them so much so Royal Melbourne Hospital, Aus- he even kept a daily record of his Around the middle of 1990 Azmi’s tralia. During the two years Azmi consumption of some food supple- illness took a turn for the worse. had to make two trips for medical ments for years. That was also a The political situation of the coun- treatment there. But he passed reflection of his trait of being so try had also not recovered from away on 24 May 1992 at the same organised. He liked keeping a the constitutional shock of these hospital. record of things, even copies of two events. To many social activ- personal letters, including notes ists the country was in a depress- Though one ought to have ex- or instructions to his office secre- ing state. This did not help Azmi pected the worst in the light of his taries. spiritually either. medical history, it is but only human to think in optimistic terms. Much as he tried to forget his ill- In the same year Azmi and I Death is always a shock but it is a ness there were times when it went on our haj. Despite his necessary reminder of the om- was just impossible to ignore it. medical condition, the nipotence of God. Even though But in 1987 and 1988 two dark tranquility of Masjid-il-haram an important part of my life is over, political events brought Azmi gave him a sense of peace and there is so much that is good to back on his feet. In the wake of calm. The rituals of the haj in- remember. These memories will Operation Lalang in 1987, he cluded many prayers at carry us through in our lives. We actively worked to secure the Masjidilharam. All of us there, actually never lose the one we release of some detainees including my mother and father, love, for even though he is gone, through applications of the writ naturally prayed hard for within the hearts of those who care of habeas corpus. Azmi was vis- Azmi’s recovery. When he his memory lingers on .... ibly upset when he attended a found out about this, he jokingly habeas corpus application in the remarked that his recovery may Rohana Yusuf

Aliran Monthly : Vol.22(10) Page 26 joined Aliran in the first place. In An Inspiration many conversations with him especially in the early and middle The gods love our to establish a human rights eighties, it was this multi-ethnic those who die society in our country in 1975. dimension of Aliran’s work young, accord- Though the authorities refused to which he often emphasised. He ing to the ancient register the society, Azmi contin- wanted us to remain true to this Greeks. Azmi ued to support attempts to form a goal of ours, whatever the costs. was only 42 human rights organisation. This when he suc- is why, in spite of his illness, he So great was his faith in Aliran that cumbed to can- served as a pro-tem committee he named his daughter Alina. His cer in a Melbourne hospital in the member of the Persatuan Hak second child is called Rizal — early hours of 24 May 1992. It was Asasi Kebangsaan Malaysia again a reflection of Azmi’s deep a long 7-year battle against a fatal (HAKAM) — a society which was commitment to human freedom as disease. eventually registered in August embodied in the life and work of 1990. Azmi, I remember, was so one of Asia’s illustrious heroes. Azmi, an Associate Professor of happy when HAKAM received Law at the University of Malaya, its birth certificate. His two children — and his lov- was an Executive Committee ing, caring wife — gave Azmi a Member of Aliran for many years. Within Aliran it was Azmi who great deal of happiness. A family He was at that time one of introduced the column “Human man in every way, Azmi was Aliran’s leading lights. It was his Rights Round-up” in the Quar- deeply devoted to Rohana and the illness which was primarily re- terly which preceded the present children even when his health be- sponsible for his withdrawal from Monthly. For a number of years, gan to decline rapidly in the last Aliran and public life in the last he wrote on various human rights two years or so. And Rohana was few years. issue and, on occasions, partici- a wife extraordinary who showed pated in human rights seminars. so much courage and fortitude as Human rights was Azmi’s first He was actively involved, for in- she confronted the inevitable truth. passion in both in his academic stance, in the successful campaign career and the social activism. As against the amendments to the For the family and indeed for a lecturer, he was one of the pio- Societies Act in 1981, which, in a many of his close friends, Azmi’s neers in the teaching of human sense, was a turning-point in death has left a void which will rights courses at the University of Aliran’s own history. be difficult to fill. Of course, there Malaya. Azmi, from all accounts, will be other teachers of human was a devoted and dedicated Azmi’s sincere commitment to hu- rights law, other human rights ac- teacher. His clear, lucid articula- man rights was not so much a tivists, who will continue to write tion and presentation of ideas product of his legal training as the and speak on all those things that made a great impact upon all those manifestation of a deep and pro- matter to human dignity. But will who listened to him. Because he found principle which he ad- there be another soul with that felt so much for human rights, he hered to all his life. He believed same quiet sincerity? Will there inspired so many students of his totally, absolutely, in the common be another person in the quest for to commit themselves to the cause humanity of the human race. human freedom in Malaysia who of human rights in later life. I Azmi was, to put it simply, one of will embody that same grace, that know a number of young lawyers the most multi-ethnic human be- same gentleness? with genuine social concerns who ings I have known. Not once did were once Azmi’s students. he yield to the temptation of as- Dear Azmi, We’ll miss you — al- suming a communal position on ways. But Azmi’s commitment to human any issue. rights went beyond the portals of Farewell, dear friend. academia. He was the pro-tem It was because of his attachment Secretary of the first-ever endeav- to multi-ethnic ideals that he Chandra Muzaffar

Aliran Monthly : Vol.22(10) Page 27 growth as well as to enable work- Full Of Ideals ers to contribute to the country’s economic progress. Restrictive ber 1978 and the following year legislation could hope to control he was elected into the Executive tendencies which seek to under- Committee at the third Annual mine the public good but laws General Meeting on 24 December should not curb the development 1979. His very first article for the of a strong and viable labour internal newsletter, Lidah, was a movement which could offer posi- critique on the judicial decision of tive contributions.” Azmi also the Privy Council on the Essen- raised a very pertinent question: tial (Security Cases) (Amendment) “In the midst of current economic Regulations 1975. This article improvements in the country, was written on 22 December 1978, should not the right of the work- 11 days after the Committee of the ers also substantially be en- Privy Council delivered its judg- hanced?” ment. In this celebrated case, the Privy Council ruled in favour of Azmi served on the Executive In writing about the death of Agha Teh Cheng Poh, who was facing a Committee for an unbroken pe- Shahid Ali, the great Kashmiri mandatory death penalty after he riod of nine years from 1979 to poet, his close friend Amitav failed in his appeal to the Federal 1988, serving in various bureaux Ghosh lamented, “Now in his ab- Court. But Cheng Poh’s victory and in many capacities. He sence, I am amazed that so brief a was short-lived. Azmi had cor- started the “Human Rights friendship has resulted in so vast rectly observed, “... the Govern- Round-up”, a quarterly column, a void.” That’s how we felt when ment’s vast political and legal and sustained it well giving a our dear friend and colleague, machinery could still be put to vivid summary of human rights Azmi Khalid, passed away on 24 bear so as to extract `victory’ out abuses around the world. He con- May 1992. He left such a vast of a defeat (as has happened so tributed articles emphasising the void. often before and has recently oc- rule of law and the constitutional curred with the Mahan Singh de- provisions that have been denied. His passing was all the more cision, which prompted a Consti- painful because he was so young, tutional Amendment to reduce the In 1987, soon after the launch of not quite 43 years old. He held rights of civil servants). But con- Operasi Lalang on 27 October, I out so much hope by his youth sider the political embarrassment remember meeting him together and idealism; and we were en- and the future erosion of credibil- with Veng Wye. We were all very couraged to believe that he would ity if such `victories’ continue to concerned — and very angry — be with us for a long, long time. be sought in similar fashion. about those who were unjustly What then will be the value of later taken in by the ISA dragnet. Those Who could have ever dreamed official platitudes of belief in the detained included Aliran Presi- that Azmi, so young, so vibrant, rule of law?” dent Chandra Muzaffar and 105 so idealistic, so driven by good in- others who were cruelly robbed of tentions to serve the cause of hu- His first press statement as an their precious freedom on man rights, would be cut down in Executive Committee member fo- trumped up charges. Our discus- the prime of his life? Who would cused on “Amendments to La- sion revolved around the abuse of have thought that our society bour Laws and the Need for a Vi- the ISA and how it was conven- would lose the contributions of able Labour Movement”. This iently used for political expedi- this young man so early in life and was made on 14 February 1980. ency when it was meant to be ap- so suddenly? We are so much In part this statement read: “Free- plied against subversive elements poorer now by his tragic death. dom of association has been guar- out to topple the duly elected gov- anteed for organised labour so as ernment by violent means. The Azmi joined Aliran on 3 Decem- to facilitate its own welfare and irony of the day did not escape us

Aliran Monthly : Vol.22(10) Page 28 and were it not for the fact that the seem to remember him raising his Dean of the Law Faculty in the topic of discussion was grim and voice in all those years in any of University of Malaya and his eru- serious, I’m sure we would have the meetings. He was soft-spoken dite personality did not get in the had a hearty laugh. Ever imag- and well focused. He was calm way of friendship. ined how the Minister of Justice and purposeful in putting across abused the ISA in his capacity as a point. In all those years that he served Minister of Home Affairs who on the Executive Committee, he must have instsructed himself as Azmi was definitely without any remained true to the Aliran prin- the Prime Minister to unleash the ethnic bias and his concerns went ciples and continued to be a very draconian ISA on innocent peo- well beyond ethnic boundaries committed and concerned mem- ple. Yes, Mahathir was all that — and reached out to the common ber. His passing was a grievous three in one — when so many bonds of humanity. He was an loss. We shall remember him well-meaning Malaysians were all-embracing soul. There were no fondly and cherish his memory rounded up for incarceration. airs about him. He wasn’t pre- affectionately. tentious. He was humble and sin- Azmi was no rabble-rouser. I don’t cere. His position as the Deputy P. Ramakrishnan

This is a book about one of Malaysia’s leading human rights advocates who was both a human rights advocate and a human rights activist. The book, ed- ited by Chandra Muzaffar, contains a number of es- says he had written on a variety of themes such as the rule of law, constitutional law, international hu- manitarian law and human rights & development.

It also contains tributes to HOW TO ORDER Azmi from his former academic colleagues, former students and former NGO Please contact International Movement for a Just World (JUST) activists, apart from family and friends. The book pro- Address: P.O. Box 288, Jalan Sultan, vides an insight into Azmi’s 46730 Petaling Jaya personality while articulat- Telephone direct Sales: 03-7727 6386 ing his ideas on human Fax: 03-7727 7389 rights which are as rel- Email: [email protected] evant now as they were Website: www.just-international.org when they were first written.

Aliran Monthly : Vol.22(10) Page 29 Dr. Mahathir. An astute observa- tion indeed!

One wonders if Malaysia is part of that world of Mahathir. The following day, Tuesday 1 October 2002, a campaign forum against the Internal Security Act (ISA) was organized at the Chinese Assem- bly Hall in Kuala Lumpur. Before it could commence, the police had already occupied the building and taken possession of the com- pound and barricaded it. The police were inside and the people were outside. The police were visibly out in full force. Big tarpau- lin-covered police trucks were Letters must not exceed 250 words and must include the writer's parked at the entrance. Anti-riot name and address. Pseudonyms may be used. Send letters to : squad (FRU), complete with riot Editor, ALIRAN MONTHLY, 103, Medan Penaga, 11600 Penang, gear of shields and helmets, were Malaysia or e-mail to : [email protected] Views being drilled for action. The Spe- expressed need not reflect those of Aliran. If you are sending cial Branch in civvies were min- by e-mail please include your message in the e-mail body itself. gling with the crowd and high- We do not open attachments to avoid viruses. ranking police officers were further away standing in the shad- Endangered Species: rare and protected species would ows. Since the parking area was When Will not be harmed. Yet, despite these blocked off, the people parked The Killing End? laws, the killing continues. A more along the sides of the road. A traf- fundamental question is, what fic policeman immediately began It is truly a tragedy that Malaysia gives humans the right to kill issuing tickets to them. continues to decimate its these animals and destroy their biodiversity by killing rare species habitat at a rate that will eliminate The organizers were prevented with which our country is blessed. them from the earth? Will the kill- from proceeding with the forum If we only appreciated that within ing only end when the last ani- inside the assembly hall. The riot one generation our children will mal is dead at our hands? squad moved in; there was shout- only be able to read about these ing and the beginning of a stam- magnificent creatures in books. Allan Sandosham, pede. The following day there The killing of these animals also Kuala Lumpur was nothing in our local newspa- violates many international con- via e-mail pers about the incident. Where ventions that Malaysia supports. were the press people? Is such an For example, under the Conven- Justice, Democracy event not newsworthy? Do we not tion on International Trade in En- And Human Rights buy newspapers to know what is dangered Species (CITES), these happening in the country? Was it animals cannot even be taken out “IT’S A MEAN WORLD” front blacked out for security reasons? of the country. Under Malaysian page headline in the Star, Monday Environmental Impact Assess- (30September 2002) “There is no The aim of the forum was to pro- ment requirements, a project that more justice in the world and all test against the obnoxious law, the could threaten these protected talk about fair play, democracy ISA. The government had always species would need to show spe- and human rights ‘is sheer non- maintained that they had not cific mitigation taken so that these sense’”. These were the words of abused the law but used it for se-

Aliran Monthly : Vol.22(10) Page 30 curity purposes. Others have pro- Malaysia for all Malaysians. nopolise power, blind to anything posed amendments to the ISA. In beyond the tips of their noses. Will this case it is not a matter of the It is wrong to presume that the they ever learn that to suppress ISA being used or amended. The west holds the paradigm of civi- freedom of thought and peaceful ISA is a law that is inherently un- lized society today as the Prime expression of such thinking and just because it denies the person a Minister has discovered. Civili- to deny a transparent democracy fair trial. For that reason, the very zation today is not to be measured is the beginning of the end? Or use of the law is, in itself, an abuse by the Stock Exchange or by mili- have they become numb to the of justice. It has no place in civil tary might but by the qualities of obvious due to the intoxicating society. To allow such a law to exist peoples’ lives, by how we relate strength of power? in our statute books is to acknowl- to each other in terms of mutual edge the fact that we are uncivi- respect of one another’s freedom No dictatorship has ever lasted, lized and that justice and human and human dignity. and no dictator has been able to rights are denied. Would this be sleep in peace. Perhaps someday, any different from the following It is presumptuous to criticize the true democracy will come to Ma- perception? lack of good order in the world laysia. The world is far more open when we are unable to put our than it used to be and I hope the “The impression I get is that there own house in proper order. The day will come, as it must, when is no justice in the world today. If ISA must go and we cannot rest nations like yours will lead the someone is disliked, then any- until it does. way in a troubled region to a more thing can be done to him even just and open society. though it is unfair.” Dr. Mahathir David Anthony (Star 30.09.02) via e-mail Kamadryad via e-mail One may argue that the US and No Dictatorship Britain have tightened their secu- Has Ever Lasted Better To Err rity laws after 911 and that we had been successful in combating ter- So, nothing much has changed. I refer to Arbibi Ashoy’s letter in rorism with our ISA. If the US and Malaysia is perhaps one of the Aliran, Vol. 22 No. 6, with regard Britain have opted to become un- more beautiful and forward of to Hudud Laws. I agree that it is civilized there is no reason for us nations in your part of the world. better to err in letting a guilty per- to remain uncivilized. One must But sadly, a man whose book was son go free rather than punishing not forget that we inherited the un- banned is still a Prime Minister. an innocent person. I would like civilized ISA from the British. Does Democracy actually exist in to know what Arbibi has to say Malaysia? I don’t think so. on the recent verdict on the “in- Very few believed that the unjust nocent” mother and child case in structure of apartheid would ever The leadership(if that is correct) Northern Nigeria. I know what be dismantled in South Africa. seem to be a permanent fixture. the rest of the world thinks about The Afrikaners and the Boers “Dance to my tunes, or you end it. would never let it slip out of their up as ‘subversive elements’ doing N P Nair grasp. It was their one and only time in detention. No recourse to Seremban security. If it went they were sure any rights whatsoever.” I suppose that the blacks would massacre if you keep in line with Mahathir Each Death them and banish them and that and his cronies, you get promoted Must Be Explained they would lose all that their an- and live a comfortable life. Sad. cestors had grabbed and culti- The Bar Council refers to the re- vated and mined for themselves. You have a lot of good, decent and port in The Star, 15 November 2002 As it turned out the blacks were generous people in your country, concerning the deaths of 19 peo- not uncivilized. Today there is a whatever their ethnicity or faith. ple while in police custody this place in South Africa for all South It’s a great pity to see a self-serv- year, and also to the recent death Africans. We do not as yet have a ing, selfish, corrupt ‘gang’ mo- of R Sundaraju on 18 November

Aliran Monthly : Vol.22(10) Page 31 2002 following an alleged beating of Polcie Tan Sri Norian Mai for country’s youth to have a good by other detainees in the police expidiously investigating the command of English to enable our lock-up. matter involving Sundaraju and workforce to be competitive in this making public the findings and information age. Such reports are cause for grave the action to be taken. The intro- concern as they call into question duction of close circuit cameras at But even with the complete con- the integrity of the police force in all police lock-ups in the country trol of the mainstream media, the respect of the treatment of detain- be the end of this year to enable government has not been able to ees and in the administration of police to monitor detainees on a put forward convincing argu- police lock-ups. In addition, the 24-hour basis will be a step for- ments or provide convincing stud- reports could generate fear in the ward. ies that show that young pupils’ public of the police that would be command of English will be im- unhelpful for necessary coopera- In respect of the deaths of other proved by teaching them Science tive efforts in investigating and detainees, the Bar Council contin- and Mathematics right from the preventing crime. ues to urge the Public Prosecutor start. to, if warranted by the evidence, The problems that led to the take firm action to charge those It is not that we have no model to deaths of so many persons in po- responsible for any unlawful fall back on and a successful lice custody this year alone must deaths or abuse of those in police model as well - the English Pri- be addressed immediately. The custody. In the event thare are no mary Schools of the not too dis- deaths could be attributed to vari- prosecutions, the Public Prosecu- tant past. And, yes, teach Science ous causes ranging from a lack of tor should call for an inquest to be and Mathematics in schools, but hygiene and basic amenities to held by a Magistrate where the from the secondary level onwards violence among inmates and po- cause of death can be judicially - something which no one has to lice brutality against detainees. ascertained. date objected. Proper administration and sur- veillance of detainees in lock-ups Mah Weng Kwai Make English a compulsory pass should also be looked into. Chairman, Bar Council for the UPSR. If need be, it’s time to implement 7-year primary Irrespective of the crimes alleg- PM Has Been Misled schooling (it’s in our Education edly committed by suspects, the policy for weak students but to police must carefully ensure that I cannot understand why Dr M date has yet to be implemented) their duties are carried out in ac- wants to leave the PM’s post with for those who don’t make the cordance with the relevant legal a legacy - the English Language grade in English, so that they can provisions and respecting the for Science and Mathematics - have an extra year’s education in fundamental rights of those in that is potentially so divisive and English before going to secondary their custody. Essentially, the damaging that whatever good school. criminal justice process itself that one can attribute to his lead- must be free from any injustice ership over the past 22 years can I am pessimistic and am too aware and illegality inasmuch as its very quickly unravel a few years that the powers-that-be have de- very mandate is to bring crimi- down the road. cided what they think is the best nals to justice. In view of public model. But I still want to have my interest concerns, each death of I do not wish to subscribe to the say and with it say a silent prayer a suspect while in police cus- cynical view that he has ulterior that not too far down the road, tody must be thoroughly ex- motives in its implementation. I before irreversible damage is done plained and the investigative prefer to believe that he has been to our new generation, a leader of process kept visibly transpar- misled into believing what is the vision and courage will dare to ent. best approach to adopt. right the wrong.

In this regard, the Bar Council No one has quibbled with the no- Loyal Malaysian commends the Inspector-General ble objective of preparing our Penang

Aliran Monthly : Vol.22(10) Page 32 INTERNATIONAL Against US Plans To Attack Iraq We believe there is no case for a war

effort to obtain legitimacy for its war plan.

We denounce the Bush administration’s declared intention to invade Iraq because it is calculated to be the major step towards forcing the global community to accept and legiti- mise the US claim to its right to preemptively attack any country it labels “evil,” or “enemies of civilisa- tion,” and thus to dictate its terms on the rest of the world.

The so-called Bush Doctrine (the national security strategy of the he Asian Peace Alliance of the world community to bring in United States of America) an- TT welcomes Saddam some rule of law in international nounced in September laid bare TTT Hussein’s acceptance of relations, the Security Council reso- this outrageous claim to US impe- UN Security Council lution on Iraq - indeed trumpeted rial rights that violate and repu- Resolution 1441. While this de- in the US press as the ‘voice of the diate the United Nations’ charter velopment might have generated world community’ - unfortunately as well as all established norms a sigh of relief elsewhere, we caves in to Washington’s war of international law, justifying stand on the conviction that the plans. This is a resolution adopted this act in the name of “a distinctly threat of the United States wag- under duress. American internationalism that ing a war against Iraq has merely reflects the union of our (US) val- been postponed. The US intends to attack Iraq any- ues and our (US) national inter- way to pursue its economic and ests.” (Bush Doctrine) On the eve We condemn the US Government’s military interests in the Middle of the imminent massive Ameri- intentions to start a war against East, with or without a Security can invasion of Iraq, we are faced Iraq and its attempt to use the Se- Council resolution. George W. with a crucial choice–whether to curity Council to provide a cover Bush and his emissaries, armed succumb to this imperial regime for this war. with a congressional endorse- or to reject it. We, as Asian people, ment, have repeatedly issued reject it. The US has been forced to return to threats of a military attack, before the UN Security Council and get and after the resolution’s adop- We believe there is no case for a war its mandate before taking any step tion, before and after Hussein’s on Iraq. towards disarming Iraq. While this acceptance of the resolution. The has signalled a desire on the part US is merely playing along in an Iraq has not threatened the US or

Aliran Monthly : Vol.22(10) Page 33 Europe. The secular Baathist re- throwing out the weapons inspec- gime has no connection to Al tors. The US has given moral, fi- Qaeda and has never been in- nancial and political support to Them & US dicted for attempting any terror- Israel in its defiance of 29 UN reso- ist attack. The International lutions that relate to Palestine and (for Adrian Mitchell Atomic Energy Agency (IAEA) another 27 that that the US has on his 70th Birthday) that looked into Iraq’s nuclear fa- vetoed on Israel’s behalf. The Unlike them cilities after the Gulf War reported weapons inspectors left Iraq in whose detentions to the Security Council in October 1998 without seeking permission without trial 1997 that there was no evidence from the Security Council, just be- make mockery of Iraq being able to produce fore a bombing raid of Iraq by the of democracy ...... weapons of mass destruction US-British combine. The US has We detain (WMD). A report from some of the violated every aspect of Resolution indefinitely weapons inspectors confirmed 687. They have imposed the in the name this. Iraq has never used WMD harshest possible sanctions of security. against any state; only the US has. against Iraq that has affected pri- We are not marily the civilian population, led like them Resolution 1441 is a drastic state- to the unnatural death of thou- we are US ment. It does not include the im- sands of Iraqi children and we are we. portant aspects of Security Coun- caused inhuman misery to the cil Resolution 687, adopted at the Iraqi people. Unlike them end of the 1991 Gulf War, which that produce laid out elements of a political reso- The need for regime change in weapons lution in the region—an inde- Iraq–for removing Saddam for aggression ...... pendent weapons inspectorate, Hussein–has been blatantly used our arsenal an end to the threat of war, a clear by the US as a justification for at- of arms nuclear timetable to lifting economic sanc- tacking Iraq. The US has no right biological/chemical tions, and the creation of WMD- to arrogate upon itself the role of are only for free zone in the Middle East. This removing or installing govern- self-protection. pointed to the need to de- ments outside its own territory for We are not nuclearise Israel. But Resolution its own purposes. like them 1441 places the entire onus on Iraq we are US and faults it for violating earlier We salute the efforts of Iraqi people we are we. resolutions. It demands an en- in their resistances—only they have hanced inspection regime and dis- the right to determine their own fu- Unlike them armament reminiscent of the Ver- ture. that mutilate sailles treaty model. No nation & murder can follow and no inspection re- Clearly, the control of and access in cold gime can be a success. Though the to Iraqi Oil is a major interest of blood & anger ...... resolution states that the Security this US war. Regime change and We never Council will convene to consider the installation of a pro-US regime kill/eliminate the situation after the report of the in Iraq as in Afghanistan will en- except by UN weapons inspectors, it hides sure control of US oil companies. friendly fire. a military clause by stating that OPEC control over oil prices will We are not ‘serious consequences’ will fol- pass to US hands. Further, the US like them low if Iraq was deemed to have would be able to maintain its con- we are US violated the resolution. trol and hegemony over the entire we are we. region, effect regime changes and The US is hypocritical in its restructure other countries in the - Cecil Rajendra charge of Iraq violating previous region, beginning with Iran and Security Council resolutions and extending to Saudi Arabia.

Aliran Monthly : Vol.22(10) Page 34 It is for this that the Bush regime It is clear that responding to ma- tives, ASR Resource Centre has a doctrine of preemptive jor systematic state violence by (Pakistan),Bharat Gyan Vigyan strikes in place and an authorisa- violence, let alone indiscriminate Samithi (India), Committee for tion from the US Congress to go exercise of violence against civil- Peace Not War (Hong Kong), Fo- for war unilaterally if necessary. ians, would only strengthen cus on the Global South, Focus on The massive US-British deploy- Bush’s hands and facilitate the the Global South-Philippine Pro- ment of troops in the region reveals worst nexus between the US po- gramme, Gathering for Peace the single-minded militarism of litico-military machinery and the (Philippines), Initiatives for Inter- this combine. Other countries are most repressive local and state national Dialogue, KALAYAAN supporting this war with an eye elites, bringing about further ero- (Katipunan para sa Pagpapalaya to the post-war settlements. This sion of democracy and suppres- ng Sambayanan, Philippines), will again be a war under the sion of people’s rights and Nuclear Free Philippines Coali- globalising regime. freedoms. We witness this already tion, Pakistan Peace Coalition, occurring in Indonesia and the Partai Rakyat Demokratik (Peo- We condemn the US Congress for Philippines. ple’s Democratic Party, Indone- authorising their president to strike sia), Peace Camp (Philippines), Iraq, as much as we condemn the WE APPEAL TO ALL PEOPLE People’s Plan Study Group (Ja- threats from the US president to wage IN ASIA TO OPPOSE THIS WAR. pan), Philippine Coalition for the the war even if not allowed by the UN International Criminal Court, Security Council. We appeal to the international Women Making Peace (Korea), community to oppose US efforts Aliran (Malaysia), Selvy The APA holds no brief for to engage in this war and pass a Thiruchandran, Director, Wom- Saddam Hussein. But this Bush- Security Council Resolution en’s Education and Resource Cen- led war would harm primarily ci- against US war efforts. tre (Sri Lanka), Sumanta Banerjee, vilians and urban settlements, de- Pakistan-India People’s Forum stabilise the entire Middle East for We call on all peace-loving Asian for Peace & Democracy (India), decades to come, and set back any people and peoples to come to- Nighat Said Khan, (Coordinator, resolution to the urgent cause of gether to generate a powerful South Asian Women for Peace) Palestine. It will establish a uni- Asian voice to bring an end to the (Coordinator, People’s Peace Al- lateral world order that the US vicious cycle of violence, create liance), Kamal Mitra Chenoy, alone will use to violate and undo and protect democracy and free- (Vice-President, All India Peace all principles of international law dom by non-violent resistance, and SolidarityCouncil), Joy that have been worked out in the and build people-to-people rela- Balazo, Uniting Church, Aus- last 50 years. tionships based on justice. tralia q

We note with alert that under the US- We call on all members of organised war situation, the processes the ASIAN PEACE ALLI- of destabilisation engendering a vi- ANCE to urge their gov- cious cycle of violence are rapidly ernments to oppose US engulfing Asia. plans to attack Iraq, and to engage in Asia-wide ac- The tension over the Korean pe- tions that will demonstrate ninsula is dangerously heighten- opposition to this plan by ing over the near collapse of the all peace-loving forces in agreed framework with North Asia, in solidarity with Korea. The war is being extended peace movements in other into Southeast Asia using the Bali regions of the world. incident and designation of a major armed opposition in the Endorsers: APA Japan, Philippines as a “terrorist organi- Asian Regional Ex- sation.” change for New Alterna-

Aliran Monthly : Vol.22(10) Page 35 day detention of five opposition leaders (under Section 73 of the ISA) from April 10 last year was unlawful and in bad faith but failed to order their release — Aliran is bewildered, disillu- sioned and utterly disappointed. In an unambiguous statement the Federal Court ruled that:

• the detention was not for the dominant purpose of Section 73 - to enable the police to conduct further investigations regarding the appellant’s acts and conduct which were A record of Aliran'sAliran'sAliran's stand on current affairs. prejudicial to the security of Malaysia; Aliran’s Omar’s courageous decision in • their detention was merely for New Exco Elected declaring as unlawful the deten- intelligence gathering which tion under the Internal Security had no link with national se- P Ramakrishnan was re-elected Act on April 17 of an alleged curity; president of Aliran at the 26th member of the so-called • there was much force in the annual general meeting of the “Malaysian Militant Group” contention of the learned coun- human rights group today. (KMM). sel for the appellants that the detentions were for the ulterior The AGM also elected Dr Francis In what must be considered as purpose and unconnected Loh as honorary secretary, Dr logical and keeping with the high with national security. Mustafa K Anuar as honorary as- tenets of justice, Judge Suriyadi sistant secretary, and Dr ordered the release of Nasaruddin Based on these findings, it is baf- Subramaniam Pillay as honorary Nasir from the Kamunting Deten- fling that the Federal Court could treasurer. tion Centre near Taiping. It is the not order their release on Sept 6. It natural consequence flowing from is our grave concern that justice Also elected to the executive com- a decision that has found the de- has been grossly denied to the five mittee were Gan Kong Hwee, Dr tention to be without merit and who are nothing but political vic- Prema Devaraj, Andrew Wong, Dr justification. tims of an oppressive regime that Maznah Mohamad, Chew Sun is determined to clamp down Chooi, Dr Andrew Aeria, Dr Justice Suriyadi stated that “no hard on any form of opposition Molly Lee, Pajan Singh, Dr Khoo testimonies could confirm that the by whatever means. Boo Teik, Anil Netto, and Ong Eu police authorities in Soon. Nasaruddin’s case had applied It is a pity that having confirmed an objective test.” Under the cir- the contention of the five that they P Ramakrishnan cumstances, Justice Suriyadi de- are no threat to the national secu- President clared that “the detention order as rity of this country, the Federal 27 October 2002 directed by the Home Minister is Court could not go that extra mile defective”. in keeping with justice and fair- Aliran Applauds ness and order their release. Judge Suriyadi When we compare this landmark decision with the Federal Court’s When the lawfulness of an act Aliran welcomes High Court Sept 6 decision — which unani- was flawed and the deed of their Judge Datuk Suriyadi Halim mously ruled that the initial 60- detention was found to be in bad

Aliran Monthly : Vol.22(10) Page 36 faith, as was clearly established new party was registered. by the Federal Court, where do we turn to for justice? If PSM could go along with the suggestion of the AG’s Chambers But let us seek solace in John and withdraw its case, then it Adams words, “Facts are stub- might also be registered. born things; and whatever may be our wishes, our inclinations, or But we need to ask why the AG’s the dictates of our passion, they Chambers has to prompt the ROS cannot alter the state of facts and to undertake this responsibility evidence.” when it is his duty to do so on his own volition. P Ramakrishnan President There is no doubt that cronies are 9 November 2002 without any reason. entertained and served with efficiency but others do not seem to Efficiency For Finally, PSM took its case to court. deserve similar service and cour- Selective Purposes Unlike the trial of jailed ex-deputy tesy. It is indeed disturbing that And for Cronies? premier Anwar Ibrahim which the independence and integrity of proceeded in court at super speed, every institution in our land has Aliran is impressed with the effi- PSM’s case has met with delays been destroyed to serve the pur- ciency of the Registrar of Societies and postponements. Its case was pose of the ruling elite. (ROS) in registering in record time postponed four times previously the newly formed Sarawak Pro- and is now set for trial on Nov 13. P Ramakrishnan gressive Democratic Party. President We are informed that the Attorney 9 November 2002 General’s Chambers had asked It took only three days to approve A Subversion and register this party - a record PSM to withdraw its case, stating Of Justice perhaps matched by UMNO Baru that it would intercede with the (New UMNO), which was also ROS to have the party’s applica- Aliran condemns the subversion served with super speed when its tion approved. But this offer could of justice displayed in the re-ar- application was submitted - if we not be taken up because there was rest of Nasaruddin Nasir, who recall correctly - on a Saturday nothing in writing. was supposed to be released from and was duly registered the fol- the Kamunting Detention Camp lowing Monday in February 1988. It seems that when the right word near Taiping. (The original UMNO, the main is put in by the right people, the party in the ruling coalition, had registration is not a problem. But By re-arresting him today after been declared unlawful on 4 Feb- shouldn’t such applications be yesterday’s Shah Alam High ruary 1988.) We congratulate the considered entirely ROS for a job well done. on their own merit?

But we cannot understand why Prime Minister he was not all that efficient and Mahathir speedy when the Socialist Party Mohamad had of Malaysia (PSM) submitted its stated that the application for registration in Sarawak National 1998. Party (SNAP) needed to be reha- In fact, its application was rejected bilitated through twice - once by the ROS and once the setting up of a by the Home Affairs Ministry - new party. So the

Aliran Monthly : Vol.22(10) Page 37 Court order for his release, the unclear to the general public. family and had no previous crimi- Barisan Nasional government nal record. has once again trampled on jus- This is why we are of the view that tice and made a mockery of our it would be beneficial for both par- Why didn’t the court appoint a judiciary. ties - the Hong Kong government lawyer for the boy (who was and its people - if details of this jointly charged with an adult, still Nasaruddin, a trader, was de- contentious proposal are explic- at large)? The court could have tained without trial under the In- itly spelt out. This will assure the availed itself of the resources of ternal Security Act on April 17 for people that the proposed imple- the government-sponsored Biro alleged involvement in the so- mentation of Article 23 will not Bantuan Guaman (Legal Aid Bu- called Malaysian Militant Group have serious consequences for reau) or the Bar Council’s Legal (KMM). their universally accepted rights Aid Centres. and freedom. His re-arrest shows up the lawless- Something is amiss in the system ness of the state and reveals how it It is also vital that what constitutes of administration of justice when terrorises citizens even after they ‘sedition’, ‘official secrets’, and suspects, especially juveniles, can have been cleared by the court. ‘national security’ should be appear in court without legal rep- properly and clearly defined to resentation. P Ramakrishnan avoid possible abuse through President such vague provisions in the pro- Indeed, the lack of legal represen- 9 November 2002 posed Article 23. tation for juveniles violates an important provision of the United Don’t Trample On We therefore urge the Hong Kong Nations Convention on the Rights Basic Rights government to submit a revised of the Child, which Malaysia has In Hong Kong proposal that would be clear and ratified. Article 37 (d) of the Con- specific without any draconian vention clearly states that “every Charter 2000-Aliran, a Malaysian provisions that would undermine child deprived of his or her lib- citizens’ media initiative, views civil liberties. erty shall have the right to prompt with concern the Hong Kong gov- access to legal and other appro- ernment’s plan to introduce and Dr Mustafa K Anuar & Anil Netto priate assistance…” implement Article 23 of Basic Law Joint coordinators allegedly to tackle issues con- Charter 2000 - Aliran It is a sad fact that many suspects, nected with treason, secession, adults and juveniles alike, do not sedition, subversion and to con- Why No Legal have legal representation in court. trol ties between local and foreign Representation They tend to be from the lower in- groups. We feel that the proposal, For Juvenile? come group and are usually igno- in its present form, would have rant of their rights. What has Min- grave implications for civil liber- Aliran views with concern the ister in the Prime Minister’s De- ties and democracy in Hong Kong, sentencing of a 15-year-old boy partment Rais Yatim got to say? particularly for press freedom and who did not have legal represen- freedom of expression. tation to three months’ jail for the It is time for judicial reforms to killing of livestock at an ostrich ensure that competent, independ- We appreciate the Hong Kong gov- farm in September. ent defence lawyers are ap- ernment’s concern for its territorial pointed by the court in cases security in the post-Sept. 11 envi- The boy pleaded guilty and the where suspects are unrepre- ronment. But we fear that certain magistrate’s court in Seremban sented. Only then can justice be intended security measures may yesterday sentenced him to serve seen to be done. well trample on the people’s hu- the sentence from the date of ar- man rights and civil liberties espe- rest on Sept 5. The boy had ap- Anil Netto cially so when there are still areas pealed to the court to reduce the Executive Committee Member in the proposal that are vague and sentence as he was from a poor 15 November 2002

Aliran Monthly : Vol.22(10) Page 38 WHY CAN’t THEY SORT THINGS OUT? Continued from page 40 ously at the heart of the impasse nesty International has also ex- national criticism, why can’t they over bilateral issues, whipping up pressed its concern that those so cooperatively negotiate nationalistic sentiments over any detained in both countries have longstanding bilateral issues or all of these outstanding issues been held incommunicado and fairly for the benefit of commerce also seldom fails to boost the na- could have been subjected to tor- and citizenry of both countries? tionalistic domestic appeal of both ture or ill-treatment. Are both governments really in- the Malaysian and Singaporean capable of looking beyond their re- governments. Two Questions spective narrow political, economic and official interests? Un- . . . but Security Malaysia and Singapore’s seem- fortunately, the trouble with au- Cooperation ingly contradictory behaviour thoritarian governments is just thus begs the following two ques- that. Unfamiliar to democratic And yet, this stands in stark con- tions. If they can cooperate debate and negotiated compro- trast to their almost seamless co- seamlessly over security issues mises, they are too certain of their operation on security issues. Ever despite sharp domestic and inter- own agendas to know better. q since the 1950s when both countries battled a communist insur- gency, security cooperation, information exchange and senior po- Government (a la Malaysia) lice contact has been constant. So too it was earlier this year when Singapore uncovered an alleged Accountability ...... SHUT UP! terrorist network called Jemaah Altruism ...... SHUT UP! Islamiyah and detained without Balance of power ...... SHUT UP! trial over 30 suspected Muslim Bill of Rights ...... SHUT UP! militants said to have links with Checks and balances ...... SHUT UP! international terrorism. Civil liberties ...... SHUT UP! Symbiotically, Malaysia soon af- Civil Rights ...... SHUT UP! ter detained numerous Muslim Common good ...... SHUT UP! citizens of its own, and also un- Constitutional law ...... SHUT UP! der the pretext of their being sus- Credibility ...... SHUT UP! pected militants with alleged links to those detained in Singa- Democracy ...... SHUT UP! pore as well as to international ter- Egalitarianism ...... SHUT UP! rorism. Equal opportunity ...... SHUT UP! Human Rights ...... SHUT UP! Singapore’s detention of alleged Judicial review ...... SHUT UP! Muslim militants drew criticism Local government ...... SHUT UP! from those who saw it as a ploy to Nonviolence ...... SHUT UP! divert attention away from dis- Open society ...... SHUT UP! sent among Muslims circum- Participatory democracy .... SHUT UP! scribed from practising their reli- Political access ...... SHUT UP! gion freely in the republic, espe- Public interest ...... SHUT UP! cially in regard to Muslim girls wearing headscarves when at- Public morals ...... SHUT UP! tending government schools. As Public opinion ...... SHUT UP! well, Malaysia’s political opposi- Social contract ...... SHUT UP! tion along with civil society Utilitarianism ...... SHUT UP! groups criticised their government Welfare ...... SHUT UP! for resorting to arbitrary detention (SO WHAT ARE GOVERNMENTS FOR? ...... SHUT UP!!!) of alleged Muslim militants as a ploy to intimidate society and by Latif Kamaluddin crush democratic dissent. Am-

Aliran Monthly : Vol.22(10) Page 39 REGIONAL

Soon after Goh’s visit, when Why Can’t They asked about Singapore’s opposition to Malaysia setting up the ASEAN+3 Secretariat in Kuala Lumpur, Dr. Mahathir expressed Sort Things Out no surprise since Singapore “rejected everything that originated The thorny differences between Malaysia from Malaysia”. And in late-Oc- tober, while Malaysia’s de facto and Singapore stand in stark contrast to Law Minister Rais Yatim said that their close cooperation on security issues. Malaysia might consider enacting a new law to supersede the two by Andrew Aeria existing water pacts should Sin- gapore continue to disagree with Malaysia’s position, Singapore’s Foreign Ministry immediately re- torted that any such new legislation would not be in accord with Malaysia’s previous assurances to honour the two water agreements.

And so the thorny saga goes on with both countries making little progress in resolving their outstanding bilateral issues over water, the withdrawal of Singa- pore Central Provident Funds by Malaysian workers, redevelop- n early October, while in the price competitively and at ment of Malaysian Railway (KTM) Kuala Lumpur for the market rates, Goh’s Press secre- land in Singapore, the re-location III World Economic Fo- tary said that Malaysia did not of Malaysia’s Immigration, Cus- rum’s East Asia Eco- have any legal basis for review- toms and Quarantine facilities to nomic Summit, Singapore Prime ing the price of water, which Woodlands, Singapore military Minister Goh Chok Tong held dis- should have been undertaken in overflights into Malaysian air- cussions with his Malaysian the mid-1980s. Whereas Malaysia space, and the question of a sec- counterpart Dr. Mahathir Moha- accused Singapore of delaying ne- ond bridge link into Singapore. mad over Malaysia’s latest pro- gotiations and profiting from posal to revise the price for un- cheap water, Singapore said it was In fact, with no concrete results to treated water sold to the city-state. prepared to discuss a price revi- show after all these years, one can- As expected, and in keeping with sion but only as part of a bilateral not help but wonder if both sides their mutually unofficial but de package. are deliberately involved in some facto “beggar-my-neighbour” sort of wayang kulit to not settle policies, both Prime Ministers While Singapore said in early these outstanding bilateral issues, made little headway in resolving September that the water talks official rhetoric to the contrary the impasse. hit a snag after Malaysia notwithstanding. After all, does switched tack on the agreement not either side gain political mile- Lose-Lose-Situation to discuss bilateral issues as a age by painting the other as being package, Dr. Mahathir sug- difficult or problematic? While While Prime Minister Mahathir gested in October that negotiat- national economic interests and said that Malaysia had lost out ing with Goh was difficult commercial advantage are obvi- over the two water agreements when Goh frequently changed and sought to revise and backdate his views. Continued on page 39

Aliran Monthly : Vol.22(10) Page 40