Aliran Monthly : Vol.25(8) Page 1 PP3739/12/2005 ISSN 0127

PP3739/12/2005 ISSN 0127 - 5127 / RM4.00 / 2005:Vol.25No.8

Aliran Monthly : Vol.25(8) Page 1 COVER STORY A Perspective on National Unity Memorandum presented by Aliran to the Parliamentary Select Committee on National Unity

Datuk Dr Maximus Ongkili: Chairman, Parliamentary Select Committee on National Unity

n behalf of Aliran OO Kesedaran Negara, we OOO wish to thank the Select Committee for inviting us to make a presentation today.

Even so, we’re uncertain how the views of a socially conscious, proudly dissenting, reform-ori- ented NGO – sometimes casti- gated for being ‘anti-government’ by Barisan Nasional politicians – form a critical and balanced ap- That is true no matter how gravely will be received by a Select Com- proach to the subject of ‘national we speak of the tasks of nation mittee coming from a Parliament unity’. building, no matter how fre- that is over 90 per cent Barisan quently we talk of stability, har- Nasional. No fixed meaning mony and goodwill.

But we are here nonetheless be- Let’s begin by admitting the obvi- As an ideal the desirability of ‘na- cause we have things to say ous. ‘National unity’ defies sim- tional unity’ seems incontestable which others may not raise. And, ple and stable definition. Discur- for a nation that is so often de- with due respect to other represen- sively, ‘national unity’ has no scribed as being deeply divided tations to this Select Committee, fixed meaning that all Malaysians along ethnic lines. we mean to offer ‘contrarian’ can accept without debate or disa- views that we believe should in- greement. Yet, we are more likely to be able

Aliran Monthly : Vol.25(8) Page 2 EDITOR'S NOTE

We all desire national unity - but what exactly is it? Our cover story says that it must be based on a cel- CONTENTS ebration of our diversity, commitment to pluralism, respect for democracy, dedication to justice and solidarity with all in need. COVER STORY ••• A Perspective On National Unity 222 G Lim argues that that if we are to have a new agenda ••• Debating An Equitable Malaysia 777 for Malaysia, let us first have a debate in which everyone can participate. His article takes off from last FEATURES month’s AM cover story and ties in with the theme of national unity based on justice, equity, and par- ••• UMNO Has Failed The Poor Malays 111111 ticipatory democracy. ••• Pearl Lost In The Garbage And Jerebu 131313 Imagine, Mahathir, who governed using unjust laws ••• The API Nightmare 151515 such as the ISA and POPO, speaking at Sukaham’s ••• POPO - The Other ISA 161616 human rights day celebration! He criticised US-UK ••• Why Did The Chicken Cross actions in Iraq but was muted on his dismal domes- tic human rights record. We carry a protest by 30 The Border? 191919 NGOs while P Ramakrishnan reminds us of how ••• Merdeka! Merdeka! Merdeka! 242424 the former premier trampled on human rights dur- ••• You Are Not Serious, Suhakam! 262626 ing his tenure. Will Mahathir ever acknowledge - let ••• Remember How You Trampled On alone apologise for - these violations? John Hilley, Human Rights, Tun Mahathir? 282828 after discussing the question of leaders apologising ••• Political Contrition 303030 for past actions, says that Mahathir’s stand on Iraq would be more convincing should he one day call ••• Orang Asli Land Rights Upheld 404040 for a repeal of the ISA and justice for those who suffered during his tenure. That would be the day! REGULARS ••• LettersLettersLetters 33 Our back cover story by Colin Nicholas reports on the stunning Court of Appeal decision upholding OTHERSOTHERSOTHERS Orang Asli land rights. Now the Orang Asli are looking for the former DG of the Department of Orang ••• Subscription Form 232323 Asli Affairs to make good on his promise that they could kick him on the butt if they won their case.

Angeline Loh, in another story, reminds us that Penangites are living in blissful ignorance amidst the rubbish and smog. Enjoy our centre pages, where Shakila Manan writes on “Hen or Rooster?”, a chil- Published by dren’s theatre performance with a difference. 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.aliran.com all Malaysians above 21 to be members. Contact the Hon. Secretary or visit our webpage. Printed by Percetakan Tujuh Lapan Enam Sdn. Bhd. No. 16, Lengkangan Brunei, 55100 Pudu, Kuala Lumpur.

Aliran Monthly : Vol.25(8) Page 3 to capture the reality of ‘national when they find it profitable to Of course, each of these meanings unity’ by remembering the signs warn that ours is a fragile unity of ‘national unity’ may be differ- of its absence – that is, serious that can be shattered at a mo- ently interpreted, even chal- strife, violent conflicts, persistent ment’s notice. lenged. Still, we can highlight cer- crises and relentless turmoil. tain aspects of each of these mean- Hence, the same politicians see no ings in order to render it compre- Why do we say all this at the out- problem in congratulating them- hensible, acceptable and practica- set? It is not because we are com- selves on how well they foster ble. placent about the state of our so- muhibbah while they keep harking ciety. We aren’t. to ‘May 13’ or show during elec- Here, we give one example directly tion campaigns horrifying films of while we will indirectly refer to But we know that ‘national Bosnia-Herzegovina, Rwanda, the others later. unity’, as a goal, is elusive and eas- Afghanistan under the Taliban, ily subjected to manipulation. We ‘September 11’, and so on. Celebration know that ‘national unity’, re- of Diversity garded to be under threat, is readily Actually, ordinary Malaysians used to justify unconscionable aren’t stupid. They realise that practices by those in power. those who most loudly shout ‘national unity’ are often those who End schizophrenia undermine it most callously. and hypocrisy! Hence, to the distinguished mem- We’re regularly reminded that bers of this Select Committee our ‘national unity’ is critical. Some first point about ‘national unity’ people think that that will bring is this: Tell the politicians, not least foreign tourists and global inves- those of the Barisan Nasional, to tors to us. finish with this kind of hypocrisy. Tell them honestly and bluntly to We’d like to think that ‘national stop mixing self-praise with ill- unity’ is more than that. ‘National disguised threats. unity’ should allow us to live in peace among ourselves, permit us A national Putrajaya: How does this opulence to prosper and enable us to leave unity of substance contribute to national unity? something valuable to future gen- erations. Our second point is: ‘National Partly by accident and partly by unity’, like other objectives and achievement, we’ve kept our cul- Yet, we find that we are almost policies that impact upon social tural diversity intact. Today no schizophrenic over ‘national life, begins as an empty vessel that one wants to talk of assimilation. unity’. Or, rather, our politicians needs filling. Just what do we fill We’re aware of the range of our – with few and notable exceptions it with? cultural heritage. However, we – are schizophrenic in this regard. can’t simply resign ourselves to We in Aliran propose that ‘na- living with our differences. On the one hand, they love to pose tional unity’ be invested with the as our natural custodians of ‘na- following substance and mean- Truly, we must celebrate our cul- tional unity’. They pat themselves ings: tural diversity. Only then can we on the back whenever they find it set aside the old and silly lament useful to proclaim that we are har- • Celebration of our diversity that we are not ‘homogenous’ – monious and stable. • Commitment to pluralism as if only cultural drabness can • Respect for democracy save us. Only thus will we stop On the other hand, it is second • Dedication to justice believing that Malaysians have no habit with them to threaten us • Solidarity with all in need. common and binding values.

Aliran Monthly : Vol.25(8) Page 4 Only a proactive celebration of our the ethnic conflicts that plagued Over the past two decades, many diversity can prevent our ethnic, our immediate post-Merdeka era. of our communities have been dis- cultural, religious and linguistic We are not submerged in the re- possessed of land, resources and variations from becoming gional confrontations of post-co- customary rights. They have suf- unbridgeable schisms to be lonial Southeast Asia. fered ecological collapse and en- preyed upon by unscrupulous vironmental degradation. politicians. If anything, we’ve been living in times of rapid development, late In whose name? Across the world, we in fact mar- industrialisation and intensifying ket our cultures and heritage as integration with the global In the name of development, poor ‘tourism products’. Should we economy. For us, this experience and meek communities have been then leave it only to the foreign tour- has been generally happier than uprooted and displaced. In the ist to find our diversity quaint? for many others. name of foreign investment, the erosion, denial and repression of Across the globe, the government But maybe our relative fortune has the rights of labour to organise has promoted the Multimedia Su- blinded us to an important lesson and unionise has been sanc- per Corridor, among other things, from history. That lesson is, socie- tioned. At the altar of privatisa- by highlighting our many cul- ties that experience processes of tion, public services and common tures, traditions and languages as far-reaching socio-economic goods have been sacrificed to assets and not liabilities. If some- transformation are not free of their shareholder interests and portfo- thing so coldly ‘hi-tech’ as the accompanying social conflicts lio capital. MSC could showcase our diver- and tensions. sity, should we boast of it only to Don’t these ‘by products’ of de- lure the global investor? We are no exception but most of velopment create inequalities, in- our so-called leaders are en- justices and discontents? Don’t In these times thralled by visions that don’t ac- they mark new social fault lines commodate new sources of social that too many of our so-called lead- Our third point is: we can’t dis- pressures, tensions and conflicts. ers can’t see because, and let’s not cuss and live ‘national unity’ mince words, they’re fixated on without reference to our times and Rapid and extensive capitalist the kinds of ethnic politics upon the so-called fault lines of society transformation – even while it which they cut their teeth? with which we contend. benefits some people immensely – invariably dislocates, disrupts, The new inequalities that breed We are past the time of the ideo- denies, dispossesses and disillusions new insecurities are not simply logical struggles of Cold World many other people and many com- ‘inter-ethnic’ ones as most of our vintage. We are no longer tied to munities. politicians and ‘opinion leaders’ have it.

Instead, we see inter-regional in- equities – between our more highly developed states and less developed ones. We see intra-ethnic inequalities – between the rent-seekers and the ‘AP re- cipients’ and others, as the current intra-UMNO controversies suggest. We have seen over and over again federal-state inequalities caused by federal policies that discriminate against ‘oppo- Can we have national unity when the rich - poor gap keeps widening? sition states’.

Aliran Monthly : Vol.25(8) Page 5 Solving inequalities cerns that helps us to pre-empt concerned individuals are unset- misunderstandings and conflicts. tled by disputes and disputants Our fourth point is thus a funda- making claims and counter- mental question: How do we For ordinary Malaysians, though, claims regarding the proper juris- solve these kinds of inequalities the pressing truth is: Solve the diction of civil law and syariah and injustices before they threaten mundane problems of everyday law. ‘national unity’? life – the biggest part of life itself – through creative, decent and car- The second issue concerns the in- Our politicians should answer ing measures. And then most of carceration of alleged Muslim that question with serious action. the dreaded ‘sensitive issues’ will militants and extremists under the They should improve our federal themselves be solved. ISA. Everyone is aware of the ter- system of government so that we rible global situation in which Is- don’t have an all-powerful centre For that to happen, at least three lam, Muslims, Muslim move- that can penalise with impunity things are needed: one, a profes- ments and Muslim nations find ‘peripheral states’ with financial sional and competent bureauc- themselves. deprivation, bureaucratic harass- racy that doesn’t hide behind the ment, legal strictures and outright insincerity of ‘political masters’; Abroad, our leaders urge others – repression. two, a community of politicians and quite correctly so – to tackle who don’t take refuge in bureau- the roots of Muslim disaffection Our politicians should cease to cratic ineptitude or discrimina- and not resort to force. At home use the poverty of specific social tion; and three, transparency in the same leaders, it would seem, groups as ammunition for ethnic decision-making and fairness in refuse to tackle the roots of domes- championing. They should act to policy implementation. tic Islamist discontent except by construct social safety nets, repression. strengthen systems of public serv- Democracy ices and maintain welfare insti- against injustice Is there an ethical way to promote tutions. They should pay special ‘national unity’ by throwing attention to special needs and de- Our final point is one about de- stones while we live in glass vise means-testing methods to mocracy and justice: Very simply, houses? match genuine need with demon- nothing is more subversive of ‘na- strated capability. tional unity’ than persistent injus- Some people will respond to our tice or anti-democratic rule. The views by saying we have nothing Do out politicians honestly want ISA, OSA, SA, UUCA – all these practical to offer. If there are prac- ‘national unity’? If so, they should must go. Nothing provokes more tical matters on which our views do all these in healthcare, employ- popular fury than a rule by law are sought, we will be happy to ment, social security, land distri- that represses and suppresses. offer them. bution, housing delivery, education at all levels, and so on. No one here needs to be told in For now, we believe that what esteem our administration ‘contrarian views’ and unconven- Otherwise, all their talk of ‘na- of justice is held. A brief mention tional perspective are much tional unity’ is nothing but an of two issues will indicate how needed for a fresh framing of the enormous lie when placed along- urgently our administration of jus- issue of ‘national unity’. q side the discontents caused by tice must adapt to changing times deprivation, marginalisation and and conditions if it is to play a discrimination. functional role in maintaining ‘na- P Ramakrishan, Francis Loh, tional unity’. Mustafa Kamal Anuar and For many years, our society has Khoo Boo Teik represented been trapped in a ‘clash of One issue concerns a trend of di- Aliran before the Select Com- ethnicities’ paradigm. Ironically, verging jurisdictions. While there mittee at Universiti Sains because of that, we’ve developed is no overt clash as such, already Malaysia on 28 July 2005 a keen sensitivity to ethnic con- the legal community, NGOs and

Aliran Monthly : Vol.25(8) Page 6 NATIONAL UNITY Debating an equitable Malaysia Towards an alternative New National Agenda by G. Lim

t the recent UMNO gen- ticle, I want to think about what eral assembly, a kris- an alternative New National AAA wielding Hishamuddin Agenda might look like, one that Hussein called for a re- truly sought to create a just and newal of NEP-style redistribution equitable Malaysia. as part of a New National Agenda. One last push is re- Towards an quired, we are told, for ethnic dis- equitable Malaysia? parities to be a thing of the past. As Philip Khoo has pointed out In the Mid-Term Review of the in another Aliran article, this ‘one Eighth Malaysia Plan, the gov- last push’ seems likely to benefit ernment boldly announced that only those doing the ‘pushing’ – Malaysia had made “further that small section of UMNO- progress towards creating a more linked politicians and business- equitable society”. But quite what men who, although already rich, type of equality are we making are not quite as rich as they’d like progress towards? In Malaysia, to be. we are used to talk of ethnic inequality – bumiputera-Chinese between individuals regardless The truth is that the ‘New Na- income disparities, distribution or ethnicity, or regional inequal- tional Agenda’ is really just the of corporate equity and so forth – ity between states, or gender in- ‘Old Ethnic Agenda’, dressed up but this is only one form of inequality between men and and with shiny shoes. In this ar- equality. What about inequality women?

Aliran Monthly : Vol.25(8) Page 7 “Growth with equity” is one of the measured by the common Gini data shows that inequality had re- tenets of development agencies coefficient) is the second worst in duced slightly since these meas- around the world. Certainly, Ma- all of the Asian countries for ures were taken to around 46.1 in laysia has achieved remarkable which data is available. Only 2002, this would still place Ma- economic growth over the past Papua New Guinea ranks worse. laysia alongside the Philippines decades, surpassed in the region In fact, out of 127 countries for the as joint worst in ASEAN, assum- only by Singapore. But has this World Bank provides data, Malay- ing that the Philippines itself growth been ‘with equity’? sia ranks 101 in terms of the Gini hadn’t improved its position over coefficient – the commonest meas- the same period. Let us look at Malaysia’s position ure of inequality. Aside from internationally. A commonly- Papua New Guinea, the only Individual inequality in Malaysia, used measure of develop- then, is a serious problem. ment is the Human Devel- Yet the government ap- opment Index (HDI), de- Table 1:1:Table pears to pay little or no at- vised and calculated an- Human Development and tention to it at all. The Mid- nually by the United Na- Inequality in ASEAN Countries Term Review of the Eighth tions Development Pro- Malaysia Plan, for in- gramme (UNDP). The Country HDI Gini stance, makes no mention HDI is preferable to a Singapore 0.902 42.5 of individual inequality, simple measure of per Malaysia 0.793 49.2 except for reporting the capita income because it Gini indices. No pro- Thailand 0.768 43.2 takes into account other grammes or policies have Philippines 0.753 46.1 factors as well, including been developed or imple- life expectancy and other Indonesia 0.692 34.3 mented to reduce overall measures of general Viet Nam 0.691 36.1 inequality. Instead, the fo- ‘well-being’. In the Cambodia 0.568 40.4 cus of discussion for in- UNDP’s 2004 Human Laos 0.534 37.0 come distribution is almost Development Report, entirely in terms of ethnic Malaysia ranked 59 out Source: http://hdr.undp.org/statistics/ inequalities, with passing of 177 countries for reference to regional in- which the UNDP was equalities between states. able to calculate an HDI score. countries in the world with worse Have we let our obsession with Within Asia, only Japan, South Ko- individual inequality than Malay- our relatively successful experi- rea and Singapore ranked better. sia are in Central and South ence in ethnic restructuring cloud Indeed, with an HDI score of America – a region of notoriously the fact that Malaysia remains a 0.793, Malaysia is just on the high inequality – and some areas deeply inequitable society? threshold of the UNDP’s own of sub-Saharan Africa such as definition of a ‘Highly Developed South Africa and Zimbabwe. Ethnic inequality: Country’, which is a score of 0.800 averages aren’t or above. From this perspective, it Generally speaking, countries the whole story seems that Malaysia is indeed with higher levels of human de- well on track for achieving Vision velopment have lower levels of in- It is true that the average Chinese 2020. equality; Malaysia thus stands household income remains sig- out as an exception as a country nificantly higher than the equiva- But when we look at Malaysia’s with relatively high human devel- lent figure for all other ethnic international position in terms of opment but also with relatively groups, including the bumiputera. individual inequality, the position high inequality. As Table 1 shows, In 2003, figures released in the is quite different. According to the Malaysia’s Gini coefficient is the Mid-Term Review of the Eighth latest internationally comparable highest in all of ASEAN (no data Malaysia Plan showed that Chi- data from the World Bank, indi- were available for Myanmar). nese households earned on aver- vidual inequality in Malaysia (as While the government’s official age 1.8 times what bumiputera

Aliran Monthly : Vol.25(8) Page 8 Poor Chinese: disparities have been signifi- Statistics can be cantly reduced. highly misleading The government, of course, talks the talk of ‘balanced’ regional development, but its action on this front has been far removed. Con- sider, for instance, the issue of the petroleum royalty. Most of the country’s oil revenue comes from the poorer states such as Terengganu and Sabah. A strong case could thus be made for in- creasing the royalty paid to the state governments where the oil is extracted – currently a paltry 5 households earned. But, as with bumiputera children stay longer per cent. But instead of doing this, all averages, these figures can be in the familial home, the inter-eth- in 1999 the government abrogated highly misleading. They do not nic disparity is likely to be worse the royalty that Terengganu state tell us, for instance, how income than suggested here. Unfortu- received. Terengganu is one of the is distributed within each group. nately, the government does not poorest and least developed states They also do not tell us about the release these data, so we have no in the country and, moreover, is number of wage earners in each way of being sure. overwhelmingly Malay. Instead family. This is crucial, because the of helping out these people who figures released by the govern- Regional inequality are ostensibly those whom the ment are household averages. government is most concerned But taking these figures at face about, they are denied what in- We would thus be wrong to as- value for the moment, a number come they get from their natural sume that the ‘average’ Chinese of points are worth making. resources, simply because they earns 1.8 times the ‘average’ Firstly, while the disparity be- had the audacity to exercise their bumiputera. These household fig- tween average household in- democratic right to vote against ures would be affected by, among comes based on ethnicity remain the federal government. Neither other things, differing female par- high, they are nowhere near as is this a one-off blip. When the ticipation rates in employment high as the disparity between av- PBS dared to leave the BN in 1990, and differing practices in ‘leaving erage household incomes based the federal government blocked home’ among grown-up children. on different places of residence. timber exports from the state, If more Chinese women tend to The average household income in which was its main source of rev- work than their bumiputera coun- Kuala Lumpur is more than three enue. Again, a predominantly terparts, and if the children of times the average household in- bumiputera state with high pov- Chinese families tend to stay in come in Kelantan, almost double erty rates was financially stran- the parental home longer, even the equivalent Chinese- gled because its representatives after finding employment of their bumiputera disparity. The pov- refused to kowtow to Kuala own, then the average income dis- erty rate among the bumiputera Lumpur. parity between individual Chinese may be around three times the and bumiputera is likely to be poverty rate among the Chinese, In fact, the poorer states in the much lower than suggested by but the poverty rate in Sabah is country at the moment tend to be these summary figures, which more than 30 times the poverty those that are predominantly would then be more reflective of rate in Kuala Lumpur. Moreover, bumiputera – Kelantan, Perlis, differing cultural practices. Con- the disparity between states has Sabah, Sarawak and Terengganu. versely, if bumiputera wives work been more-or-less consistently So a development strategy that more than Chinese wives and growing since 1970, while ethnic focused on eradicating regional

Aliran Monthly : Vol.25(8) Page 9 bumiputera ones, so the federal government could in effect kill two birds with one stone.

A new national debate for a New National Agenda

Hishamuddin and his supporters are right in one respect: it is time for a New National Agenda in Malaysia. We are on the verge of joining the ranks of the highly developed nations, well ahead of the 2020 target. But ours remains a deeply inequitable society, disparities would automatically Other federations like Australia across many dimensions. I have also alleviate ethnic disparities. operate a ‘equalization formula’, not even begun to consider gen- On the other hand, action to alle- whereby federal funding for state der inequalities in this article, viate ethnic disparities would not administrations is calculated on mainly for lack of data. automatically reduce regional in- the average income of the state. If equalities, as the experience of the such an arrangement were imple- Yet the evidence shows that since past 30 years have shown. mented in Malaysia, this would 1970, ethnic inequalities have re- mean that poorer states would get duced significantly, while re- Federal solutions more money per inhabitant, irre- gional inequality has increased for a regional spective of which party forms the consistently and individual in- problem? state administration. Regional de- equality has, at best, stagnated. Is velopment would be on the basis it not about time we started think- So what could be done about re- of need, not on the basis of petty ing about moving past the more- gional inequalities? Well, Ma- party political considerations. or-less exclusive focus on ethnic laysia is a federation, lest we From 1975 to 1985, net revenues inequality and started thinking forget – which is easy to do given from Sabah to the federal govern- about other forms of inequality the dominance of the central ment exceeded federal disburse- and other forms of injustice? government in Kuala Lumpur. ments to the state, while at the Instead of treating state govern- same time per capita incomes in In this article, I have made one sim- ments either as an annoying Sabah fell from above the national ple suggestion for how we might thorn – as opposition-controlled average to significantly below the start to address regional inequali- states are treated – or as little national average. This means that ties. This may not turn out to be the more than a training ground for while Sabahans were falling be- most appropriate way for resolv- wannabe BNsters – as in BN- hind in the country’s development ing this problem. But let us at least controlled states – we could con- drive, they were nonetheless giv- have an open and frank national sider giving real power and – ing more to the rest of the country debate about this and other issues crucially – finances to state gov- than they were getting back. An – and one that takes place not just ernments. Currently, funding equalisation formula would pre- within the elite halls of the UMNO for state governments beyond a vent such unjust absurdities oc- general assembly. If we are to have bare minimum stipulated by the curring. a New National Agenda, let us constitution is pretty much at have first a national debate in which the whim of KL, and states are Once again, it is worth pointing all Malaysians can participate, in- often denied extra funding – or out that the states that would ben- stead of just the same old faces rais- threatened with such denials – efit most from this approach ing the same old issues in the same if they vote against the BN. would be the predominantly old places. q

Aliran Monthly : Vol.25(8) Page 10 POLITICS UMNO has failed the poor Malays Isn’t it mind-boggling that nearly 39 per cent of the national schools are without toilet facilities? by P Ramakrishnan

MNO has failed the poor schools and ex- Malays. Not just failed panding compu- UUU them but failed miser- ter literacy ably. among children. How were these All the rhetoric and keris wield- schools and their ing that we witnessed at the re- students “ex- cent UMNO General Assembly cluded” from the can’t hide this fact. All the national policy? sloganeering and bravado on be- How is it that half of the Malays will not legiti- their interests mise these leaders as having truly did not feature at struggled to advance the lot of the all in implemen- majority Malays who are poor tation? and deserving help. Isn’t it mind-boggling that nearly Pathetic state 39 per cent of the national schools of affairs are without toilet facilities. How do their students wash themselves, Let’s for a moment forget the `30 ease themselves and keep them- per cent equity’ issue and the call selves clean? When schools are to resuscitate the New Economic expected to teach cleanliness and Policy. the need to eradicate diseases, how was this neglect tolerated? Let’s just take a mundane issue of everyday living. The Education We need to know how this pathetic Minister revealed that out of 4,036 state of affairs arose. Practically national schools, 794 were with- all those schools were rural Tan Siew Sin: After him every Finance Minister was an UMNO man out electricity and 1,555 without schools, mostly attended by poor toilet facilities. Malay children. Was it a lack of expertise that led to those schools advance every Malay interest, per- Isn’t this staggering? Nearly 20 being deprived of electricity and mit this neglect. Practically every per cent of the national schools are toilet facilities? Was it a shortage Education Minister since without electricity. How is this of funds and allocations? Was it Merdeka has come from UMNO. possible when the government indifference to the education of Every Finance Minister after Tan has repeatedly emphasised the rural children? Siew Sin was an UMNO man. need for e-knowledge? We were bent on building computer labs for How did UMNO, ever ready to If all those ministers couldn’t

Aliran Monthly : Vol.25(8) Page 11 Some of the previous Education Ministers solve the problems faced by rural toilet facilities, what’s the point much government effort and re- schools after so many years - so of talking about “30 per cent eq- sources being devoted to reaching many years of prosperity at that - uity”, “APs” and the “new na- the magical “30 per cent” figure? why should UMNO continue to tional agenda”? talk about rural poverty, Malay Is it credible for them even to keep relative backwardness and lack of Or are we talking about two sets using such figures to justify such bumiputera advancement? of standards – one towering set a statistical stagnation? for well-connected wannabees Why should UMNO use that dis- and one depressingly low set for How could UMNO have tolerated mal situation of under-provided the cable-less ordinaries? this lack of progress over 15 years schools and their obvious failure when no one else has dominated to make emotional statements How else can we see such ex- the government and the bureauc- about how Malays must rally tremes in fortunes? racy? around their sole protector, UMNO? On the one hand, there are indi- Can the responsibility be placed viduals who, without claims to on the shoulders of other commu- Two extremes expertise or experience, have been nities, including most of all, the un- granted thousands of “APs” connected, cable-less among In the name of the NEP and im- worth tens of millions of ringgit. them? proving the economic position of the Malay community, enormous On the other hand, there are rural Or was it because what was pro- amounts of resources were dis- children who have every right to claimed to be the “Malay agenda” pensed by way of contracts, be treated “equitably” but are de- was captured by “private agen- projects, shares, licences, permits, prived of electricity or toilets in das” that UMNO leaders would subsidies and other forms of as- schools that are supposed to help rather not discuss in public? sistance. them gain education and expertise. UMNO should stop shouting slo- Has that wealth, meant to realise Poor, cable-less gans and instead solve the genu- what some call the “Malay Malays ine problems of the genuinely de- agenda”, trickled down to the ru- serving poor. UMNO leaders ral schools and the rural stu- If UMNO leaders want to ques- should stop wielding kerises and dents? Or has the re-distribution tion why the Malay share of cor- instead unplug connections be- only benefited cronies and well- porate equity has not moved up- tween politics and business. connected elites – rather than the wards in 15 years, from 18.7 per deserving children of fisher folk cent in 1988, they should come Until then, why shouldn’t the ne- and farmers? clean on many counts. glected think that UMNO leaders don’t or can’t or won’t safeguard When rural schools can’t be prop- Why hasn’t the Malay share the real welfare of poor but deserv- erly equipped with electricity and risen, or moved at all, despite so ing Malays? q

Aliran Monthly : Vol.25(8) Page 12 ENVIRONMENT Pearl lost in the garbage and jerebu

Penangites are living in blissful ignorance amidst the sludge, slime, rubbish and smog that they generate by Angeline Loh

omething amusing but alighting from the northbound I’ve heard a number of Penangites relevant to all inter-city train at Butterworth or smugly declare how proud they SSS Penangites came over the upon arriving in the city on a long are of Penang state. Nothing news bulletin one distance express bus. wrong with that, except that it evening. My father and I were gets reasonably annoying, even to watching the evening’s Malay Those pictures, aired by RTM a Penangite like me when we seem news when a phrase uttered by that evening, showing Sungai to continue being arrogant about the newscaster reading a piece on Pinang reflecting the sky and our own idiocy. We grandly de- the state of Penang’s environment surrounding terrestrial envi- clare, “We have the cleanest wa- made me prick up my ears. ronment, so idyllic and peace- ter in the country!”; yet, out of the ful, reminded me of what I had tap flows yellow, mud-coloured The article was titled “Menggilap witnessed last year from the water. You can get that in Selangor Mutiara” (Polishing the Pearl). window of a public bus when too - nothing unusual. Apparently, Penang, once famed it passed by that place. I would for its beautiful beaches and sce- have taken a snapshot if I had We used to have the cleanest wa- nic, clean environment, has suf- my camera then. The irony of ter in the country, but that is his- fered so much neglect and abuse that scene was unforgettable. tory. Our water isn’t always dirty, by the state government as well that’s true, but realistically, we’re as its by own populace to have A huge white banner had been now finding water filters are nec- earned the title, “““ Pulau Pinang hung across the bridge (over essary. So, should we remain on Darul Sampah” (Penang, Land of Sungai Pinang) proclaiming Cloud Nine and adopt the adage Rubbish)! It is that bad, and it words to the effect of ‘keeping “See no sludge” when it’s already serves no useful purpose for ‘pa- Penang clean’. Below it, through in and on our faces? triotic’ Penangites to get uptight the grille could be seen the black and up-in-arms at this jibe as it is, oily waters of Sungai Pinang, with Then came jerebu unfortunately, true. bits and pieces bobbing around, snaking its way to the now murky Like the 26 December 2004 tsu- Showing pictures of Penang’s sea. The City Council must have nami shock Penangites experi- past beauty in a desperate attempt realised the absurdity of it as the enced, the presence of ‘jerebu’ (the to attract local and foreign tour- banner has since been removed. smog) in Penang on Saturday, 13 ists certainly isn’t going to work. Good political thinking, but that August 2005, contradicted the Not when those particular people doesn’t help clean up the environ- smug remarks of Penangites who are plunged into stark reality ment in any way, apart from mak- thought it would never happen to upon landing at the Bayan Lepas ing the river more visible to the us. When the Klang Valley was International Airport or upon general public. smothered in jerebu and people

Aliran Monthly : Vol.25(8) Page 13 from that vicinity tried to ‘escape really developed nation. We only Second, in spite of the repeated jerebu’ by running north, it develop on the outside but remain advertising on kitar semula, the re- prompted some northerners to prehistoric in our thinking, to our ception to these efforts has re- smile, “Oh we don’t have that own detriment. mained lukewarm. And now, here.” Well, they had to eat their even this campaign is rarely seen words, as on that very Saturday, Kitar semula over television these days. The we woke up with watery eyes, sore too difficult saying, “hangat-hangat tahi ayam” throats and low visibility. We then aptly describes the efforts of the turned and pointed fingers at Our supermarkets, and hyper- authorities, as all enthusiasm for these ‘hapless’ southerners, say- markets, are stockpiled with dis- this project has gradually cooled. ing they’d brought it with them, posable packaging and unbreak- and accused our neighbour, Indo- able plastic containers for almost So it all adds up and makes kitar nesia of being the culprits. all sorts of products from deodor- semula a complete failure. The root ants to drinks. Having to consume cause of all this - the ‘tidak apa’ Yet we have not learned that we these products, we stockpile them attitude of both authorities and are the main cause of our own at home, and frequently make the populace. So here, we Penangites misery. In Penang, open burning clichéd comment, “Ayah, what to live in complete contentment and seems to be freely accepted despite do with so many plastic bottles (or in the bliss of wilful ignorance, the fact that it has been made ille- tins, cardboard boxes, maga- thinking the world of ourselves, gal. Companies and farmers in zines?” Then the well-intentioned amidst the sludge, slime, garbage mainland states are fined or pros- council comes along and recom- and smog that we generate and ecuted by authorities for it, even mends kitar semula (recycling) ad- do nothing about. The ‘Pearl’ has though they may be only a small vising one and all to sort out and become a discarded fish ball float- number. discard their rubbish in the re- ing in a foul smelling cesspool spective bins provided. Easier along with other solid waste. The Penang government pre- said than done. serves its lackadaisical attitude This is very sad indeed. It only towards the environment despite First, there are a terribly limited reveals that we who aspire to take the Prime Minister’s remarks not number of recycling bins, particu- a place in the proud developed so long ago about the dismal en- larly in Penang, placed too far world have overlooked the pitfalls vironment in Penang. Local gov- away from residential or urban of our still underdeveloped think- ernment seems to have a very areas where recyclable rubbish is ing and closed-minded attitude to short memory of this embarrass- likely to be accumulated. So peo- solving important global prob- ment. ple don’t bother to load their cars lems. We excuse ourselves on the with this rubbish and take it half basis that we Malaysians have our Now the “Hungry Ghost’ Festival a kilometre away to dispose of it. own way of doing things. But it is here, the forerunner of the Some don’t even make a small ef- does not hide the fact that we are ‘Mooncake’ Festival, and we are fort to separate recyclable rubbish contributing to the world’s envi- happy to indulge in open burn- from other biodegradable rubbish; ronmental problems with our ing, not always on a small scale. they simply throw everything into egotistically uncooperative atti- It is understandable when custom one garbage lot. There are others tude. q and rituals are unavoidable, but who take their can’t new ways of carrying out own garbage and ancient rituals be devised to alle- put it in front of viate a problem. No, offence meant other peoples’ to believers of Taoism. There houses, to what seems to be an absence of logic in end, one won- Malaysian thinking: the inability ders. It is almost to connect an action with its con- as if they don’t sequences. The irresponsibility of want to admit to this tidak apa (couldn’t care less) at- generating any titude is the one thing that will garbage them- prevent us from ever becoming a selves.

Aliran Monthly : Vol.25(8) Page 14 ENVIRONMENT

clared, nobody knew what it meant. Nobody knew what the The API nightmare guidelines were or whether there was a curfew. This is information Late disclosure compounded uncertainty that could have been published as soon as the haze was recognised over smog emergency as a potentially serious problem. Health leaflets could have been he nation is progressing. two). printed. Mobile stations set up to The rakyat have now provide information to the con- TTT been entrusted with the To find out whether this hap- cerned public. It is amazing how potentially explosive in- pened, it is important to know well the government’s party ma- formation of knowing the Air Pol- what the ‘background’ pollution chinery can swing into action lutant Index (API). It is being is – what the normal pollutants when a general election is de- hailed as a major step forward for are in urban areas. There are also clared. Contrast that with how transparency and openness. But, point sources of pollution, facto- slow the government was in re- cynically, we can’t help but think ries, oil refineries and the like. sponding to the haze! that the reality doesn’t meet the These could contribute to an in- hype. crease in the API. But there isn’t A Freeedom of Information Act any information in the public would require Government agen- First off, the decision to put the fig- realm about if or where these cies to routinely publish figures ures under the Official Secrets Act point sources are and if they con- that are of public interest. All fig- was blatantly ludicrous. We’ve tributed to the horrendous haze. ures on air pollution would obvi- sunk to such depths that being ously come under this category. allowed to know the hazards of Basically the API figures on their That way, experts and the inter- breathing deeply is considered a own don’t tell us enough. They ested public could monitor air revolution in openness. We are don’t point to long-term solutions pollution trends and push for still operating under a system that for solving the haze. Only con- prosecution of air pollution of- allows this information to be re- tinual monitoring, with the re- fenders or more appropriate classified, if the Government wills lease of figures on what the pollu- guidelines for action in the haze it. Given his statements the day tion comprises and where it comes season. Emergency guidelines before the figures were released, if from, coupled with the already would be published as they’re for- the current Deputy Prime Minis- declared assistance to our Indo- mulated. And if they’re only for- ter was in charge, the API would nesian colleagues, is going to yield mulated at the last minute, the still be under wraps. results. public can push for a more responsible approach from their elected Secondly, there is still a lot of in- Another thing that is disconcert- representatives. formation about air pollution that ing was how unprepared we were we’re not being given. It is possi- - even in the short term - to deal While the haze was hazardous to ble that this information isn’t be- with the haze. Was there no warn- our health, it was compounded by ing collected – but we don’t know ing that there were fires in uncertainty and ignorance. Both that either. A bit of a chemistry les- Sumatra? Did they spring up over- of these could have been avoided son here: different air pollutants night? Was the seasonal dry spell if information had been made can mix together to create more air somehow unseasonal? Perhaps if more freely available.q pollution than would exist if they we had access to the API figures didn’t meet – a case of one plus from coastal areas on the Straits one equals three. The pollution of Melaka, we would be able to Source: National coalition for from Sumatra reached the city, assess whether the haze should a Freedom of Information Act mixed with the pollution already have caught us unawares.This (www.cijmalaysia.org/ in the air then, and possiblypossiblypossibly led lack of preparedness was comple- info_cafe) /Center for Inde- to a worse situation than would mented by the lack of information pendent Journalism have existed if the same pollution on what was happening. hit an area with different pollut- (www.cijmalaysia.org) ants (where one plus one equals When the Emergency was de-

Aliran Monthly : Vol.25(8) Page 15 HUMAN RIGHTS POPO - The other ISA NGO joint memorandum calling for the repeal of the Emergency (Public Order and Prevention of Crime) Ordinance 1969

n November 2004, it was in a court of law for any II reported by the specific offences be- III Malaysian Human cause of lack of evi- Rights Commission dence. But the provi- (SUHAKAM) that 1,007 persons sions in POPO provide were being detained without trial for a convenient alter- under the Emergency (Public Or- native to the tedious der and Prevention of Crime) Or- work of proper investi- dinance 1969 (POPO) at the gation requiring that Simpang Renggam detention cen- facts must first be estab- tre. This number does not include lished before one can be those detained without trial in prosecuted. other detention centres around the country. Regrettably there have been numerous cases Going by this number of people when persons acquit- detained, the POPO can be ted by the courts were deemed to be ten times worse than re-arrested and de- the infamous Internal Security Act tained. This common (ISA) which also allows for deten- practice is an affront to tion without trial. The POPO origi- the system of justice nally promulgated to counter the and does not respect grave emergency of the 1969 ra- the findings of the court. cial riots which resulted in deaths, police officer of or above the rank violence and destruction - is yet Arbitrary of deputy superintendent to report to be repealed. It still exists in our powers to detain the circumstances of the arrest to statute books - just like the many the Inspector General of Police or other emergency laws - even The POPO arms the police with his designated officer. though the past conditions and arbitrary powers to detain any justification no longer warrant its person arrested under undemo- After the initial 60-day detention continued existence. cratic law for up to 60 days for rea- period, the Home Ministry can sons of “preventing any person make an order authorising the de- The POPO is an odious piece of from acting prejudicial to public tention without trial for a period legislation widely and frequently order” or for the purpose of “sup- of two years. Or alternately, the used by the police and the Home pression of violence” or the “pre- Home Ministry could serve an or- Ministry to arbitrarily detain or vention of crimes involving vio- der of restriction on the suspects restrict the movement of those sus- lence.” In this circumstance the imposing several conditions un- pected to be gangsters and violent law is by-passed. There is no need der police supervision. Under this criminals. It is of grave concern to for a remand order to be obtained order they would be required to us that all those detained under from the magistrate for this deten- reside within the limits of an area suspicion have not been charged tion. All it takes is for an arresting ranging from a village to a state

Aliran Monthly : Vol.25(8) Page 16 anywhere in the country; to peri- tention to the following: : odically report to the police; to remain indoors between specified 1 . They were not visited by Home hours and abide by other restric- Ministry officials during the tions on their movements. These first 60 days of their detention. orders can be renewed indefi- They were unhappy and sus- nitely. picious that the investigation reports on them may not have Circumvents explained the full situation. the rule of law They felt that the Home Minis- ter did not have the full ac- The POPO is equally as draco- count or was not actually nian as the ISA. It is undoubtedly aware of the allegations unconstitutional and blatantly against them; circumvents the rule of law. It 2. They were never given a makes a mockery of the principle chance to defend themselves of presumption of innocent until nor were they allowed to de- proven guilty; it unjustly denies POPO is equally as draconian as the ISA mand proper investigations; our civil liberties; it allows for de- 3. Their detention periods are intention without trial denying our i. those whom the police do not definite and they do not know natural justice and creates condi- have enough evidence to when they will be released. At tions for torture and other degrad- charge in court; least if they are charged in ing forms of treatment while un- ii. those released by the court for court and found guilty, they der detention. lack of evidence; would know what their crime iii. those blacklisted by the police was and the duration of their The POPO is not seen as notori- or third parties who want them incarceration.; ous as the ISA despite currently put away; 4. Even though their cases were detaining more victims. POPO iv. those who are likely to become referred to the Advisory Board, does not evoke as much anger and whistle blowers, if charged in they were not given a chance hatred as the ISA - though it is just court; to defend themselves nor were as obnoxious - simply because its v. those whom the Government they informed of the outcome target group is different from the want to put away from the of their appeals to the Advi- dissidents, critics, politicians, etc public domain for various rea- sory Board. who are detained under the ISA. sons including public pres- 5. Some of them were released POPO is applied mainly against sure. from the detention centre after alleged gangsters, violent crimi- 60 days of detention but were nals, drug pushers and peddlers In November 2004, 435 detainees re-arrested by police on the and that is why there is hardly went on a hunger strike in same grounds; any outcry against the use of the Simpang Renggam Detention 6. Some of them were released by POPO. Centre for 15 days and a number the courts but were re-arrested; of detainees were hospitalized. 7. Upon their re-arrests, the de- However, recent trends have The hunger strike sparked an up- tainees were put on a “road- shown that apart from suspected roar in civil society and raised show”; they were transferred gangsters or violent criminals many questions forcing govern- from one police station to al- who are primarily targeted under ment officials, political parties and low the police to buy time to the POPO, even others such as the SUHAKAM to react on the issue. prepare fresh detention orders; following groups who may not 8. During the 60 days of deten- fall under the so-called category The reason for the hunger strike tion, they alleged that the state- of criminals or undesirable ele- was not to protest the unsatisfac- ments recorded by the police ments have been arrested and de- tory detention condition at the were obtained under duress tained under the POPO: detention centre but to draw at- through the use of force, tor-

Aliran Monthly : Vol.25(8) Page 17 ture, and degrading treatment.; human rights violation. It violates has facilitated the abuse of some 9. During the detention period, Article 9, 10 and 11 of the Univer- fundamental liberties. The Com- they were not allowed to make sal Declaration of Human Rights mission recommended a May police reports about any irregu- 1948 and Article 8 of the Covenant 2006 deadline for the government larities; on Civil and Political Rights, and to implement these recommenda- 10.Those with disabilities were the Federal Constitution which tions. not given sympathetic consid- guarantees due process and secu- eration as their detention peri- rity of persons. In view of this, we the under- ods were also extended; signed organisations call for the 1 1 .Those who observed all the There are sufficient criminal government: detention requirements faith- laws in the country to deal with fully and did not commit any all kinds of crime and offences 1 . The immediate repeal of the serious offences had their de- to apprehend and prosecute of- POPO; tention terms extended as well. fenders without resorting to POPO. Is significant that 2. Not to re-arrest under the same The arbitrary nature of POPO was SUHAKAM has also called for law (or any other preventive confirmed when some of the de- the repeal of POPO and other laws) all those released by the tainees were rearrested despite detention without trial laws. courts through habeas corpus successful habeas corpus appli- Human rights organizations applications or through the cations. During the first 5 months such as SUARAM, HAKAM, recommendations of the Advi- of this year, 45 detainees were re- ALIRAN, Amnesty Interna- sory Board ; if need be, they leased based on habeas corpus tional and the Bar Council have should be charged under ex- applications. Responding to this made repeated similar calls for isting criminal laws; in May 2005, Inspector General of many, many years. Police Tan Sri Mohd Bakri Omar 3. The police should immediately said that the majority of the sus- In May this year, even the Royal stop making any further ar- pected underworld thugs released Commission to Enhance the Op- rests under POPO; on technical grounds have been erations and Management of the re-arrested. Royal Malaysian Police in its re- 4. All those who are currently de- port to the King and the Govern- tained or restricted under Gross human rights ment specifically called for the re- POPO should be released im- violation peal of POPO. The Commission mediately or be charged in stated that POPO has outlived its open court under existing Detention without trial is a gross purposes and in some instances criminal laws.q

This statement is endorsed by the following organisations:

1.Alaigal 2.Aliran Kesedaran Rakyat (ALIRAN) 3.Amnesty International Malaysia (AI) 4.All Women’s Action Society (AWAM) 5.Campus Ministry Office, Penang Diocese (CMO) 6.Center for Orang Asli Concerns (COAC) 7.Civil Rights Committee, Selangor Chinese Assembly Hall 8.Commu- nity Development Centre (CDC) 9.Democratic Action Party (DAP) 10.Indigenous People Development Centre (IPDC) 11.Justice & Peace Commission, Penang Diocese (J&P) 12.KERUAN 13.MALODI (Malaysian Local Democracy Initiative) 14.MALVU (Malaysian Voters Union) 15.Malaysia Youth and Students Democratic Movement (DEMA) 16.Parti Keadilan Rakyat (PKR) 17.Parti Sosialis Malaysia (PSM) 18.Penang Office for Human Development(POHD) 19.Persatuan Kebangsaan Hak Asasi Manusia (HAKAM) 20.Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS) 21.Persatuan Sahabat Wanita 22.Pertubuhan Jamaah Islah Malaysia (JIM) 23.Pusat Komunikasi Masyarakat (KOMAS) 24.Sisters In Islam (SIS) 25.SOS (Save Ourselves) 26.Solidariti Mahasiswa Malaysia (SMM) 27.SPNS 28.Suara Rakyat Malaysia (SUARAM) 29.The Group of Concerned Citizens (GCC) 30.The Interna- tional Movement for a Just World (JUST) 31.Women Force (TENAGANITA) 32.Women’s Aid Organi- sation (WAO) 33.Women’s Development Collective (WDC)

Aliran Monthly : Vol.25(8) Page 18 ARTS AND CULTURE Why did the chicken cross the border? Dad dons an apron, Mom sports a motorbike jacket, chickens dance the joget - this is a children’s play with a difference by Shakila Abdul Manan

EN OR ROOSTER?”, city children “H“H an adaptation of the that focuses “H“H“H Asian folk tale “Roost- on heritage ers and Hens” by preserva- Alejandro R. Roces, was played tion), gender to packed audiences in Penang was not an is- and Kuala Lumpur in August sue explored and early September. in the original story line A collaborative effort between the of this play. Zao Xin Chang Theatre Group Young Thea- (ZXC) and Young Theatre Penang tre Penang, Group, the play was directed by a however, de- Cockfight: Joget gamelan meets Bollywood creative crew comprising leading cided to in- children’s theatre practitioner corporate gender into the story by The ambiguity of gender is also Janet Pillai, ethnomusicologist reversing male and female roles explored through a cum composer Tan Sooi Beng, and by questioning typical stereo- “transgendered” chicken, cap- visual artist Liew Kung Yu and typed behaviour. tured by two children, a boy and choreographer Eng Hee Ling. a girl. They decide, after much ar- Gender roles are toyed and played gument, to enter it in a cockfight. Performed in the style of a semi- with mainly to show how they Unable to determine the sex of the musical drama, this children’s help create ambiguous and alter- chicken as it has both male and play captivated the hearts, minds native identities. Roles are female characteristics, the two and imagination of children and swapped: it is the mother who children seek the help of their par- adults alike. Visually stunning, it loves to ride a motorbike and the ents, a village wise man and the subtly explores issues pertaining father who loves to cook. Prevail- local butcher. Everyone is equally to gender, sexuality and cultural ing notions of femininity and puzzled: no one can determine identity. masculinity are also destabilised whether the chicken is a hen or through the use of costumes. The rooster. Mom, mother appears in typical biker’s the masculine biker gear, clad in black leather jacket, Janet, known for her pioneering tight leggings and boots, evoking work in children’s theatre and in According to Janet, well-known the image of a “masculinised” fe- her theatre-in-education work, for her “cutting edge” project male. The father, on the other hand, stresses that roles are made hazy called “Anak-anak Kota” (a multi- is “feminised” as he dons an and vague and grey areas are cre- arts programme involving inner apron. ated mainly to sow “doubts, ques-

Aliran Monthly : Vol.25(8) Page 19 of colourful dho- its hands are placed parallel to its tis. Visually, the body and open out like courting costumes — the birds. brilliant creation of conceptual art- The wayang wong is a “human ver- ist Kung Yu — cre- sion of the puppet theatre and that ate a stunning ef- explains why the rooster’s highly fect. stylised movements are puppet- like,” adds Tan. In this play, sexual difference is indi- Hee Ling, a well-known dance Storyteller interacts with the audience cated through less teacher since 1988, choreo- obvious means. graphed the wonderful dance tions and confusion in the chil- The creative team uses other routines and stylised movements dren’s minds”. These grey areas male/female indicators such as that incorporate elements from the blur socially constructed bounda- sound, music, dance and stylised Malay joget gamelan and asyik ries that separate male from fe- movements to create ambiguities dances. male, masculinity from feminin- and to reduce stark binary gender ity, public from private. Through contrasts, says Janet. Under Sooi Cockfight in this blurring, the play challenges Beng’s creative direction, the Bollywood! the idea that gender distinction is young musicians play refined “natural” and that masculinity joget gamelan music each time the Gender blending can be seen es- and femininity are acquired from “transgendered” chicken as- pecially during the cockfight birth. sumes the identity of a hen and scene between the loud and fast wayang wong music “transgendered” chicken and a To encourage the young audience when it becomes a rooster. macho-looking rooster. The to respond to these “grey” areas, change in female/male identity the two children and the narrator A renowned ethnomusicologist takes place rather fluidly, the mu- repeatedly ask the young audi- and composer, Sooi Beng has col- sic providing the cue. This scene ence, children aged between eight laborated with Janet in several is hilarious as the chicken, while and twelve, to decide whether the children’s plays. She is well fighting, decides to shake its bot- chicken is a hen or rooster and the known for the unique way in tom and cluck, much to the sur- reasons for their choice. The hen which she reconstructs and trans- prise of the rooster. and the rooster are used in the forms traditional rhythms and play as they are common birds sounds into contemporary musi- The chicken hyperbolises and and children know from a very cal compositions. parodies femininity by perform- young age their distinctive char- ing a seductive bollywood dance acteristics. In this play, she works with five to the beat of the soft and delicate children, aged between nine and joget gamelan music, provoking Joget gamelan, seventeen, to create music by com- much laughter from the young au- chicken-style bining wayang kulit, Malay dience. Infatuated, the rooster im- gamelan, Chinese woodblocks and mediately performs a love dance, Costumes are not used to indicate cymbals. Certain common gender the joget gamelan dance. At this sexual difference in this play and poses and hand movements act as point, the chicken exploits the situ- this adds to the children’s confu- vital codes of comprehension for ation and attacks the rooster, kill- sion. The five other hens and the young audience. When the ing it. roosters and the “transgendered” joget gamelan music is played, the chicken all wear the same cos- chicken automatically assumes a This scene is important as it dem- tumes. Their feathers are repre- feminine ‘S’ shape and brings its onstrates the constructedness of sented by brightly coloured floor hands close to its body. Likewise, gender and that being a woman rugs made from local patchwork when the wayang wong is played, or a man is not a fixed, static state. material and their pants consist the chicken stands upright while One becomes a woman or a man

Aliran Monthly : Vol.25(8) Page 20 through one’s performance of ality given that the issue at hand tively Malaysian. From the lan- femininity or masculinity. The could be quite controversial. guage that is used to the costumes, gender blending that occurs sug- dance movements, and music, it gests that people do combine femi- Predictably, the play also invited embodies an interesting fusion nine and masculine traits in sev- some brickbats from the adults in and intermingling of local tradi- eral different ways and in vary- the audience, parents in particu- tions and linguistic and cultural ing degrees. lar. Some parents felt that the blur- practices. For instance, the vari- ring of gender boundaries may ous dialogues between perform- Ayam pondan? leave impressionable children ers remind us of the typical cross- more confused than ever. linguistic encounters at the mar- HEN OR ROOSTER? certainly ket place as performers code- explores issues of gender and However, they also believed that switched and code-mixed com- sexuality albeit in a highly subtle the dismantling of gender stere- fortably in Malay, English and the manner. These issues are not wo- otypes was timely, especially local Chinese dialects. ven into the plot line but are hinted when our media and school text- at and prompted by the narrator books tend to peddle old worn-out In their verbal exchanges, the per- through questions that he throws stereotypes of women and men. formers also refer to the various to the young audience. The parents were comforted by cuisines and chicken dishes that the attempt made by the play to come from a mix of ethnic groups The issues are not tackled head- reinforce the subtle message that that Penang is famous for: au tau on in an explicitly direct manner. everyone in society plays an im- eu kay kar (chicken leg in black Consequently, when some of the portant role, regardless of gender. sauce), belacan kay (deep fried young audience, especially Malay This, they found rather “educa- belacan chicken) and hati ayam children from the rural areas at- tional”. But the reiteration of this halia dan kicap (chicken liver with tempted to categorise and classify message by the narrator and the ginger and ketchup). the “transgendered” chicken by two children tended to make the using colloquial Malay terms play sound too didactic. Children from the urban areas, such as “ayam pondan”, nothing however, appeared to be lost was done about it. “Belacan kay” when these local dishes were or “McDonald mentioned as they could relate It was a deliberate move by the backside special”? to them, says Hardy Shafii, the creative crew not to delve into this play’s narrator, who is lecturer of matter so that the attention of the Through this play, the two com- drama and acting at the School of young audience would not be panies, the XGC Company and Arts, Universiti Sains Malaysia. lured to it. This is because the crew Young Theatre Group have come He observed that the young audi- had not “pilot-tested” the script; up with a play that is not only ence showed some form of under- so, they were unsure as to how the contemporary but also distinc- standing when he substituted young audience would these food items with the react to this “grey” area. seemingly familiar “nug- This may well be consid- get Ayam Mas”, “Ramli ered as a shortcoming of burger” and “McDonald the play, which the crea- backside special”. One tive crew hopes to over- may argue that the cast come by revising and re- has not only celebrated envisioning the script. the cultural richness and diversity in Malaysian That said, one would society, but also used have thought that the their versatility to cross crew would have been the urban-rural divide to well prepared before- make the play relevant to Reversal of roles: Dad the cook and Mom the biker hand to face any eventu- urban kids.

Aliran Monthly : Vol.25(8) Page 21 Switching languages - Lumpur, particularly those from a very young age. no problem! Sentul. In this situation, the performers had to swiftly switch from Clearly, the rural children’s enjoy- Their versatility is also demon- English and Mandarin to Malay, ment stems from their ability to strated in how they switch from a feat indeed for the XGC group identify with the characters in the one language/dialect to another. as 90 per cent of them are Manda- play, the hens and roosters, as In this play, the performers switch rin speakers. these animals form part of their from Malay to English and then cultural landscape, one which is to Mandarin/Hokkien mainly to This is an interesting phenom- far removed for the urban chil- make the play accessible to every enon as the performers are able to dren. young member of the audience. extract from themselves their Performers have to traverse lin- knowledge and understanding of This children’s play is an attempt guistic and cultural borders as the Malay language and culture to promote a contemporary form they have to translate lines of dia- although they are not fluent of theatre with a Malaysian iden- logue, jokes and anecdotes from speakers of this language. This, tity. It provides an avenue for chil- one language/dialect to another therefore, indicates that the play dren to see life and the world in on the spot most of the time. The has a rich multicultural reference new and different ways – through “lines are not memorised as the that resides within the perform- music, dance, visuals and, of performers work with a loose ers themselves. Providing trans- course, acting. script, improvising lines as they lations from one language to an- go along”, says Hardy. other is a formidable task as trans- The ability to appreciate different lators have to straddle two lan- viewpoints and creeds is espe- This play, therefore, dismantles guage systems and two cultures. cially important in a multiethnic the idea that the various ethnic and multicultural setting such as communities in Malaysia are lin- Chickens vs ours where cultural, religious and guistically homogenous and that Computers ethnic borders need to be crossed. one’s cultural identity is fixed and Children ought to be inculcated unchanging. For instance, the The play also offers some interest- with the idea of celebrating dif- Chinese community in Malaysia ing observa- speak using a variety of dialects tions about cul- and not everyone can speak or tural differences understand Mandarin. Some Chi- between rural nese, especially those from the and urban chil- urban areas, prefer English or dren. Both Malay. Malay and Chi- nese rural chil- Malay speakers are also divided, dren are amena- some are able to communicate in ble to fiction by Hokkien but not Mandarin, and fully engaging this is true for those who come themselves in from Penang. On the other hand, the play. On the there are Malays who are not able other hand, ur- Confusion over the chicken's sexuality to speak any Chinese dialect for ban Malay and that matter. Chinese children, especially those ferences - which is what this play from upper-middle-class back- does - as it can promote better cul- So when the performers decided grounds, do not find the play ap- tural and inter-ethnic under- to switch from Malay to Hokkien pealing as these are kids who are standing in our society. A play in Penang it did not pose a prob- closer to the virtual world than like this goes a long way towards lem to the audience, even though they are to the natural world. enhancing the vital sense of curi- they were mostly Malays, but it These children have been exposed osity and creativity among chil- did to the Chinese in Kuala to video and computer games from dren. q

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Aliran Monthly : Vol.25(8) Page 23 POLITICS MERDEKA!MERDEKA!MERDEKA! MERDEKA! MERDEKA! But what does Independence really mean when your house is about to come under the wreckers’ demolition ball? by S. Arutchelvan

Putrajaya,Putrajaya,Putrajaya, 30 August 2005

I was driving to Putrajaya to at- tend a demonstration called by two urban settler communities. They had called me the night before and the reason for holding the demonstration on the eve of Merdeka was that their houses were going to be demolished on 1 September 2005 and 31 August was the deadline. They did not have much choice as today was the only day left for them to send a memorandum to the Prime Min- ister with the hope that he would In the background, the voice of the Hidden history intervene and at least postpone first Prime Minster proclaiming the forced eviction. “Merdeka! .Merdeka!” was con- History is always told in the lan- tinually repeated. Callers were guage of the victor. In this sense, As I was driving to Putrajaya, the asked how they were going to cel- our history is always narrated in radio stations were blaring on ebrate Merdeka Day and many de- textbooks influenced by UMNO about the “Merdeka mood”. The scribed the various ways they and Alliance leaders. This dis- deejays were spouting Merdeka planned to observe the day. Some torted history is what the deejays propaganda; they went on and on callers were very soft when they as well as many callers were re- about how we had achieved in- shouted “Merdeka!” When ca- calling. dependence and how we had joled by the DJs, they explained ousted the British from Malaya. that they were in their workplaces The deejays did not describe how Callers were told to shout and they could not shout because, we actually achieved independ- “Merdeka!” as the required “pass- if their bosses found out , they ence. They did not mention that word” for making dedications to could get the sack. That reflects the UMNO was initially formed not loved ones. sad reality of the people. to seek independence but just to

Aliran Monthly : Vol.25(8) Page 24 the evictions to stop. Many of the security guards oveseeing the traf- fic were sympathetic.What else could these people do other than hitting the streets, the guards told me. The security guards went on talking about their own problems such as the high cost of living, not to forget the recent hike in oil prices and a proposed further hike in toll prices. A few government staff who passed by the picket line shook hands with me discreetly, saying, “Well done, this is the way” and moved on before anyone could spot them. It is so sad, in a Merdeka land, these ordinary protect the Malay Sultanate and passed in Parliament. They did workers are fearful of speaking its interests. They did not dare say not mention that part of the deal their minds. that the multi-ethnic leftist coali- for independence was that Ma- tion AMCJA - PUTERA: All Ma- laya agreed to have foreign troops As the police personnel were try- laya Council of Joint Action - Pusat from Australia, New Zealand and ing to control the situation, one sen- Tenaga Rakyat had called for inde- Britain on our soil. There would ior government official spoke to me. pendence earlier. In fact, the fierce continue to be British control of He asked me if this was the right resistance movement, which our economy. In fact, when we day to carry out the demonstration called for Merdeka was the result achieved independence, 75 per because the next day being our In- of efforts by left-wing Malay po- cent of our plantations were in the dependence Day, this would por- litical parties namely Parti hands of mainly British capital- tray a negative image of our coun- Kebangsaan Melayu Malaya ists while 61 per cent of tin and 75 try especially among the many tour- (PKMM), led by people such as per cent of services and commerce ists who were at Putrajaya watch- Mokhtarrudin Lasso, were controlled by foreign capi- ing the demonstration. He was very Burhanudin Helmy, Samsiah tal. So what independence are we disturbed that people could carry Fakeh and Boestaman. Their talking about? out such a demonstration on the eve youth wings, the API, even had a of Merdeka. He said, please, can slogan ‘Merdeka dengan darah” Must they they do it some other time, some (Independence through blood- demonstrate today? other place. shed) - a slogan which meant that they were willing to shed blood to I reached my destination at I told him that I was equally sad achieve independence. The Putrajaya, at the roundabout that people were forced to dem- deejays also did not mention that where the beautiful, magnificent onstrate on this date - but what PKMM left UMNO in 1946 over Putrajaya mosque and the giant else could they do? I asked for him their differences with UMNO on green Prime Minister's office is for suggestions but he just shook the independence issue. situated, beside the artificial lake his head in resignation. I too created with the sole intention of shook my head - for what else The deejays also did not say that beautifying the place. could he say? q when we achieved independence in 1957, the country’s emergency, There was also another view, a which was declared in 1948, was view which Malaysians want to S.Arutchelvan is pro-tem not lifted. This emergency was forget and ignore: 200 people - in- secretary general of Parti only lifted in 1960, the same year cluding children in school uni- Sosialis Malaysia. the Internal Security Act (ISA) was forms - chanting and pleading for

Aliran Monthly : Vol.25(8) Page 25 HUMAN RIGHTS You're not serious, Suhakam! NGOs protest invitation to Dr Mahathir Mohamad to speak on human rights.

e, the undersigned, pro- WWW test at Suhakam’s invita- WW tion extended to the former prime minister, Dr Mahathir Mohamad to address the human rights conference organisd by Suhakam on 9 September 2005.

Given that Malaysia has now been independent for 48 years, the government of the day must bear full responsibility for every human rights violation perpetrated by the State.

The Mahathir-led government, in 2. The Assault on the Judiciary, power from 1981 to 2003, has in- 1988 - This was a Machiavellian flicted some very serious damage move to frustrate the efforts by to human rights in Malaysia and UMNO Team B to challenge pointed by Mahathir. The whose effects we have not recov- Mahathir’s faction. The Attorney- Malaysian judiciary has not re- ered from. General during the time and ac- covered to this present day. cessory to this assault on the judi- The following list of violations, by ciary happens to be the present 3. Displacement of 10,000 indig- no means exhaustive, is a good Suhakam chairman, Abu Talib enous peoples from Bakun, 1998 - reminder of what the Mahathir- Othman. In both these positions, The Bakun Dam project was an- led administration has not been Abu Talib was personally ap- other of Mahathir’s white el- made accountable for:

1. Operation Lalang, 1987 - This “White Terror” operation was es- sential to silence all dissidents and to implement the assault on the judiciary the following year. The Internal Security Act (ISA) was used to arrest and detain without trial more than a hundred innocent peace-loving Malay- sians and the allegations of torture have never been investigated.

Aliran Monthly : Vol.25(8) Page 26 ephants. It was conceived to sup- prime minister, has recently been prime minister in 1998. ply 2400MW of electricity for a vindicated when the Malaysian state whose total demand at the courts cleared his name from his Throughout Mahathir’s 22 years time was 200MW! The worst part convictions. Since his incarcera- in office, human rights groups of it was the government went tion, he has maintained that he have documented many viola- ahead with displacing 10,000 in- was a victim of a political con- tions involving the freedom of ex- digenous people even when the spiracy. As the head of the gov- pression, assembly, association as project had been shelved during ernment, Mahathir must bear re- well as movement. the financial crisis of 1997. sponsibility for these false convic- Mahathir must bear responsibil- tions and the six years of impris- With such a bleak record, ity for the certain ethnocide, onment Anwar suffered. To the Mahathir is not fit to address a which is the result of the displace- present day, Mahathir has not human rights conference. ment to the Sg Asap Resettlement apologised to the former deputy Scheme. prime minister - even after the We call upon the National Hu- courts cleared the latter’s name man Rights Commission to re- 4. The political fixing of the former and ordered the former Inspector- scind this invitation and invite Deputy Prime Minister, 1998 - General of Police to apologise for genuine and proven human rights Anwar Ibrahim, the former deputy nearly killing the former deputy defenders. q

We are the signatories to this joint statement:

1.Aliran Kesedaran Rakyat (ALIRAN) 2.Angkatan Muda Malaysia (keADILan) 3.Center for Orang Asli Concerns 4.Community Development Centre (CDC) 5.DEMA (Malaysian Youth and Student and Democratic Movement) 6.Democracy Watch 7.Education and Research Association for Consumers Malaysia (ERA Consumer) 8.Federation of Malaysian Consumers Association (FOMCA) 9.Klang Consumer Association 10.Labour Resource Centre (LRC) 11.National Human Rights Society (HAKAM) 12.Malaysian Local Democracy Initiatives (MALODI) 13.MALVU (Malaysian Voters Union) 14.Pahang Association of Consumers (PAC) 15.PAKERMA 16.Penang Consumer Protection Association 17.Perak Consumers Association (PCA) 18.Perak Environment Association 19.Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS) 20.Persatuan Sahabat Wanita Selangor (PSWS) 21.Pusat Aktivis Gerakan Reformasi (PAGER) Malaysia 22.Pusat Komunikasi Masyarakat (KOMAS) 23.Selangor and Wilayah Persekutuan Consumers Association (SCA) 24.Selangor Environment Association 25.Sisters in Islam (SIS) 26.SOS (Save Ourselves) 27.SPNS 28.Suara Rakyat Malaysia (SUARAM) 29.Women’s Development Collective (WDC) 30.Women’s Force (TENAGANITA)

Aliran Monthly : Vol.25(8) Page 27 HUMAN RIGHTS Remember how you trampled on human rights, Tun Mahathir? There were countless abuses and numerous human rights violations during your long tenure of office by P Ramakrishnan

un Dr Mahathir’s re- sponse to the protest by TTT some 30 NGOs that he should not have been invited by Suhakam to speak on human rights is pathetic. He re- portedly asked, “Are they denying me my human rights?”

In insisting on his human rights, he has forgotten the human rights that he and his government had denied to thousands of citizens. What about their rights, Tun Mahathir? Did you ever pause to ponder about the rights of those who were locked up based on un- substantiated and dubious Remember Operation Lalang? claims? Did it bother you that they were harshly interrogated, cruelly lost many, many years of their free- locked away in solitary confine- dom while you were in charge of ment, and mercilessly tortured. this country? Did it ever disturb What justice did you extend to you that many wasted their best them? years of their lives locked up in your jails without any recourse to You denied our right to informa- justice? tion by legislating an undemo- cratic law that kept under wraps Do you remember that on 27 Oc- many of the abuses of your admin- tober 1987 during “Operation istration. This Act protected those Lalang”, more than a hundred who should have been pros- citizens were arrested and de- ecuted. Do you remember Ezam’s tained under the obnoxious ISA case? He was found guilty of pos- while you were the Prime Minis- session of a document that was ter, Home Minister and Justice classified under the Official Se- Minister? They were denied the crets Act and was convicted and right to a fair trial and subjected sentenced to two years’ imprison- to a grave injustice: many of them ment. But you must know, as we Remember Official Secrets Act?

Aliran Monthly : Vol.25(8) Page 28 do, that Ezam’s conviction only the people who elected the oppo- confirmed that there was a docu- sition MPs and denied them their ment from the Public Prosecutor right to development funds. The recommending the prosecution of money you denied these people certain top UMNO people who did not come from Barisan were holding important govern- Nasional coffers - but that didn’t ment posts. Didn’t this sordid epi- bother you one bit. sode deny Ezam’s right to expose corruption in high places? How did you treat the democratically elected PBS government? And what about Anwar Ibrahim? Were the human rights that you Were his human rights any con- now claim for yourself ever ex- cern of yours? He was handcuffed, tended to the people of Sabah? blindfolded and beaten up in a And how did you treat the people cowardly manner by your top po- of Trengganu who threw out the liceman. He was then found Barisan government in 2000? Af- Remember Anwar Ibrahim? guilty of what were widely be- ter the Barisan’s defeat, you lieved to be trumped-up charges stopped the petroleum royalties and languished in jail for six that the state government had years. Were you concerned about been enjoying for so many years. Anwar’s human rights? Instead, What about the human rights of you came up with that flippant the people of Terengganu and and silly remark that Anwar’s Sabah and their right to develop- injuries could have been self-in- ment? Did it ever prick your con- flicted. science?

When your position as UMNO What about the human rights of President was in danger, the bo- the natives of Sarawak? Didn’t nus system was introduced in the your government ride rough-shod UMNO elections to provide 10 over their rights when the Bakun bonus votes for every nomination Dam project bulldozed over their received. As the incumbent you human rights? How many were had the advantages that came displaced and did they receive with your position which put any adequate compensation for their Remember the democratically elected PBS likely challenger under a great forceful displacement? Didn’t government? disadvantage. Were you bothered they lose their right to their native about the human rights of your customary land and their tradi- prospective challengers? tional way of life?

And during the general elections, It was the writer, Mary McCarthy, what human rights did you ex- who said it all: “An unrectified tend to the opposition? Did they case of injustice has a terrible way get equal airtime? Were they of lingering, restlessly, in the so- given enough time to campaign cial atmosphere.” and put forth their programme to the electorate? In your case, there were countless abuses and numerous human Did you extend the same devel- rights violations during your long opment funds to opposition MPs tenure of office. These cannot be so that you gave to Barisan MPs? easily forgotten and glossed over. What about the human rights of That is why we feel that your pres- those people who elected opposi- ence at the Suhakam Human tion MPs? Did you give a thought Rights Day conference on 9 Septem- Remember the natives of Sarawak? to them? Instead, you punished ber 2005 is most inappropriate.q

Aliran Monthly : Vol.25(8) Page 29 GLOBAL JUSTICE Political contrition The pitfalls and possibilities of ‘coming clean’ by John Hilley

magine if you can this Mahathir’s ap- II future admission by pearance. III George W Bush: “My Again, many, reasons for invading Af- quite rightly, re- ghanistan and Iraq were dishon- fused to endorse ourable.” Imagine that the ex- that little hypoc- President went on to admit the real risy. purpose of killing thousands of innocent people. Imagine the fall- But was a bigger out from his revelations of how oil opportunity to and corporate-military interests highlight suffer- were the true motivating forces ing in Iraq sacri- behind Operation Iraqi Freedom. ficed here for Imagine, on hearing his contri- moral consist- tion, what you would feel towards ency? MGG Pillai has criticised Systemic guilt that individual. those refusing to share a platform with the ex-PM. Surely, he argues, Contrary to the ‘here and now’ Improbable as this scene is ever to exposing the slaughter in Iraq is argument, Mahathir’s violations play out, it allows us to think more immediate and critical than cannot simply be excused or put about the possibilities of reflective raising objections to Mahathir’s to one side. The problem is not just admission and the psychology of past. Pillai does not, of course, one of relative abuses, but of wider denial in political life. excuse Mahathir’s sins. Rather, systemic guilt. Mahathir may he makes the not unreasonable conceivably come around one day For example, when Dr Mahathir claim that when multiple lives are to purging his conscience over the Mohamad castigates America and being lost, we should not waste Anwar affair. But would he ever Britain over their actions in Iraq, time in denouncing the denounc- link any such admission with the are those moral criticisms com- ers. More bitingly, he asks, why political-corporate network that promised by a failure to admit his should we support those Western sponsored it? Likewise, he can own human rights abuses? I be- apologists and “narrow” NGOs safely denounce the dark practices lieve they are. Mahathir recently who vilify Mahathir while turn- in Guantanamo and Abu Ghraib, complained that his rights were ing a blind eye to US/UK atroci- but not what goes on in being denied by those opposed to ties? Fair point. Kamunting and the system of his speaking at a Suhakam (Na- power that allows it. Indeed, for tional Human Rights Commis- But, would Mahathir’s j’accuse not all its proclamations, Suhakam, sion) gathering. Many NGOs, stand rather better inspection if it one of Mahathir’s creations, is it- quite correctly, refused him that was accompanied by some per- self part of that denial, serving to courtesy. In a quite different pique sonal political penitence? How soften-out the hard edges of the of indignation, the British High about starting with: “My reasons BN system. And with such de- Commissioner to Malaysia also for imprisoning innocent people nial comes diminishing room for walked out in protest at under the ISA were deplorable.” other admissions on the deficien-

Aliran Monthly : Vol.25(8) Page 30 cies of Mahathir’s great Vision so- to reveal their crimes but to expose truths, elites will also seek refuge ciety. the regime’s systemic functions. in institutional denial. Recently, Potential renewal comes about, the United Nations gave forth a The issue here is not only about thus, not just through admission defining proclamation on terror- select political crimes, but the of personal culpability, but ism, possibly one of the most vacu- structural oppression that such through recognition of how indi- ous statements ever issued by that people help build and maintain vidual complicities help form an body. Subject to bullying dilution while in office. Bush may have unjust order. by John Bolton, Bush’s neo-con been shamed, post Katrina, into placeman at the UN, this part of admitting Federal negligence and State contrition its newly-negotiated charter pro- the truth of racial poverty in New vides, like many others, safe se- Orleans. But he is unlikely ever to The main problem with political mantic haven for state terrorists. connect the underfunding of flood admission is that an already scep- No place here for state contrition levees with priority war funding, tical public see little genuine feel- for past actions or recognition or the crude disregard for the coun- ing in grand apologies by leaders that America, Britain and Israel try’s black underclass with the or states. Typically, state contri- are a key part of the global terror- ‘every man for himself’ logic of tion is safe regret for past oppres- ist equation. America’s corporate order. sions, such as Blair’s apology for Britain’s indifference to the suffer- State contrition is further obviated Too often we see elder statesmen ing of Irish people during the by mainstream academic disci- filling out their retirement on the 1840s potato famine. In a more pline, with its cold, realist abstrac- informal political circuit as emis- contentious act of state evasion, tions. As Pilger puts it: “...so much saries, charity icons and would- Australian leader John Howard of western scholarship has taken be doves, serving to block out the has expressed “regret” for the suf- the humanity out of the study of memory of their own murky pasts. fering of Aboriginal people, while nations, of people, congealing it Bill Clinton’s current initiative leading the claw-back of land with jargon and reducing it to an (with a Scottish business philan- rights won under the (Native Ti- esotericism called ‘international thropist) on African poverty tle) Mabo ruling and avoiding relations’, the grand chess game might, to a less obsequious media, calls to redress their multiple dep- of western power that scores na- seem inconsistent with his bomb- rivation. tions as useful or not, expendable ing of an aspirin factory in Sudan. or not...It is this rampant ortho- But this is part of the same homely Likewise, the history of war apol- doxy that determines how power deceit that can distinguish the ogy and reparation has rarely been speaks and how its historians and Democrat version of “progressive sincere or constructive. Punitive reporters report.” ” US “muscular internationalism” post WW1 reparations imposed on from Republican neo-conservative Germany helped give rise to Hitler. Pride and prejudice militarism. In truth, both uphold While Japan has proffered various the same system reinforcing prin- apologies over WW2 and relin- Personal political admission is ciples of American quished its standing army, there re- also subject to suspect motives exceptionalism. And both are mains deep, if unfounded, fear of and uncertain outcomes. In these unapologetic about what they Japanese militarism. Of course, the days of hyperspin, politicians are will do to preserve that system. US has avoided such pitfalls by viewed as little more than on-mes- never actually apologising or offer- sage clones. So, any admission is A better template for reflective ad- ing recompense for its crimes in Vi- likely to be viewed as just a new mission is, perhaps, the Truth and etnam, Laos and Cambodia. Like- form of political affectation. The Reconciliation Commission in wise in Latin America. And there additional problem in ‘coming South Africa. This may have been seems little prospect of any genu- clean’ is that judgement is cast not a painful exercise for the families ine apology or payout from the Brit- only on one’s past actions, but on of the murdered and those brutal- ish state over its atrocities in Ma- the potential sincerity of future ised by apartheid. Yet, it com- laya, Kenya and other colonial out- ones. The ‘repentant’ can, in turn, pelled those responsible not only posts. proclaim their new-found ability

When faced with gross genocidal Aliran Monthly : Vol.25(8) Page 31 for self criticism. But they still risk Christopher Hitchens is one such ficient to express regret and sym- living under the cloud of suspi- figure. A once sparkling doyen of pathy for the victimised. Real cion. leftist polemic, Hitchens’ caustic compassionate renewal requires barbs against American empire an effort to act on behalf of that Another cynical form of reflective have been replaced by an ingrati- wronged person or community. admission is the accrued set of ating defence of ‘free world’ ide- MediaLens editor David inside notes and witnessed situa- alism. As cultural editor at Van- Edwards elaborates the idea in tions saved for tell-all books and ity Fair, one might understand his ‘The Colour of Compassion’: media exposés. This can often be rapport with America, particu- of public value in revealing state larly New York. But, did 9/11 soli- “Compassion, or more properly mendacity, particularly when it darity preclude critical question- great compassion, is the urge to involves intelligence matters and ing of unsolicited killing in Af- take personal responsibility for high politics. Richard A. Clarke’s ghanistan and Iraq? And so, like the relief of suffering. [It] has the book Against All Enemies: the Inside many vacillating liberals in the US power to eliminate the self-cen- Story of America’s War on Terror, de- who took cover behind Homeland tred, egotistical motives that dis- tailing Bush’s determination to dogma, Hitchens is left defending tort so much of our thinking. It implicate Iraq for 9/11, is a useful the indefensible, his only fallback has, for example, the power to in- example. Yet, what can we say of a spurious casting of the anti-war duce academics and journalists to the former White House adviser’s left as Saddam supporters and brush aside concerns for status, unwillingness to blow the whis- apologists for fascist theocracy. wealth and privilege in order to tle on this catastrophic decision do what seems most likely to be of when it was being made? Does Bob Geldof’s unwillingness to help to others.” eventual disclosure absolve the admit the wanton failure of the G8 author from complicit silence? summit is a similar case in point. Recently, mathematics professor Here, we see how royalty cheques As George Monbiot has pointed John Allen Paulos wrote an impres- and career interests take priority out, had Geldof shown humility sive e-mail to MediaLens express- over mass suffering. at the summit’s conclusion, ad- ing regret over his dismissal (in a mitting that he and other cam- Guardian article) of the Lancet re- But, the reluctance to admit per- paigners had been manipulated, port’s estimate of 100,000 dead in sonal culpability and mistaken his moral standing would have Iraq. The Lancet study has been judgement runs deeper than pro- been enhanced. By declaring it a disparaged by Downing Street and tecting one’s job and self image. It success, he helped perpetuate the dutifully ignored by the main- underpins our very psychology deceit, undermining his own cred- stream and liberal media, with lit- as market competitors. In this we ibility in the process. Observers tle consideration of the scientifically are deeply conditioned by corpo- will be left to judge what part pride respected procedures underpin- rate life to absorb multiple notions and protective vanity played in ning it. MediaLens note how simi- of the individual self and uphold that calculation. lar methods were used by the same prejudicial ideas of the threaten- researcher, Les Roberts, to calculate ing other. Like the road-rager Contrition as 1.7 million deaths in the Congo, a seized by righteous indignation compassion figure accepted without question even when in the wrong, we feel by the media. In this vein, Paulos compelled to defend our space, How, then, can political and in- concedes that he should have status and personal honour. tellectual admission be sincerely looked more closely at the study’s offered? The true route to genu- context and methodology — offer- September 11 and its global after- ine contrition, one might argue, is ing, in a subsequent message, con- math has seen many writers and assertive compassion. Contrition structive suggestions on how to public figures retreat into this is an intrinsic part of compassion, raise its profile. In a fitting re- sanctuary of denial. Many remain the essence of which is not only sponse, MediaLens acknowledge there, intellectually stuck, even as forgiveness and understanding, his admission, seeing it as a small, the damning evidence stacks up but a capacity for human repara- but sincere, act of compassionate against Bush and Blair. tion. In other words, it is not suf- redress.

Aliran Monthly : Vol.25(8) Page 32 Yet, from media academics to slav- ish editors, laudable admission still seems a rare event. Through They should be freed mutual networks and safe ex- change, the journalist, policy spe- cialist and politician absolve each unconditionally other from exposing, calculating and preventing mass killing. erakan Mansuhkan a further two-year detention Mired in the same self deceit, the GG ISA (GMI or Abolish order. The consecutive deten- Guardian cannot bring itself to de- GGG ISA Movement) tion of these detainees with- mand Blair’s resignation and in- calls for the immedi- out evidence and trial is un- dictment over Iraq. Thus, given ate and unconditional release just not only to the detainees, respectable refuge by such accom- of the nine political detainees, but also to their families. They plices, we are unlikely to see a who have been detained with- have been suffering year after genuine mea culpa or true act of out trial for more than four year for no reason. Further compassionate reparation from years since 2001. more, other detainees who Bush, Blair and their associates. had also been detained with- In any event, the words ‘respon- 23 September 2005 is the out trial on the same allega- sible’ and ‘sorry’ for their actions fourth anniversary of their tion of being members of would have to be spoken directly detention under the draco- “KMM” were released on dif- to an international court. And nian Internal Security Act ferent occasions. What is the they would have to bear witness (ISA). rationale of further detaining to the system of power which al- these nine? lowed those crimes to occur. The nine are Ahmad Pozi Darman, Alias Ngah, Nik GMI also reiterates that pun- In similar ways, self preservation Adli Nik Abdul Aziz, Solehan ishing or detaining people and attachment to the BN system Abdul Ghafar, Mohd Lothfi without giving them any op- outweighs any likelihood of Ariffin, Mohd Rafi Udin, portunity to defend them- Mahathir’s late repentance. Mohd Zulkifli Mohd Zakaria, selves is barbaric. Uncivilised Again, selective denial and estab- Zainon Ismail and Zid laws that permit detention lishment discretion provide the Sharani Mohd Isa. without trial are a pain in the customary closure. But maybe democratic system and should that too is an uncompassionate de- Thus far, the government has be abolished. nial of everyone’s ultimate capac- failed to provide any shred of ity for moral renewal. Perhaps we evidence against them to sup- Therefore, GMI urges the may still yet see Mahathir cam- port the allegation that the government to uncondition- paigning actively for repeal of the nine were involved in militant ally release without delay all ISA and compassionate justice for activities. Instead, the govern- ISA detainees, especially those who suffered during his ment has shown no intention those who have suffered tenure. How much more convinc- of prosecuting them in an from injustice for more than ing would his standing on Iraq open court after four years of four years. look then? q detention. This has clearly in- dicated that the continuous Release all ISA Detainees! detention of the nine is mali- Abolish the ISA! cious and politically moti- Glasgow-based Dr John vated. Chang Lih Kang Hilley is the author of Secretary Malaysia: Mahathirism, GMI believes that none of the Gerakan Mansuhkan ISA and the New Opposition nine should be imposed with 22 September 2005 (London: 2001)

Aliran Monthly : Vol.25(8) Page 33 tention to produce competent bumi contractors with the tenac- ity to compete on a fair and level playing field. Rather, the intention was to create wealthy bumis in the shortest possible time. And the government’s efforts succeeded very well. Koon has provided an in-depth analysis of the construction industry.

But the government’s efforts en- compass all major sectors of the economy: utilities, telecommuni- cation, broadcasting, oil and gas, transport, auto, advertising media, and others I don’t know existed. Letters must not exceed 250 words and must include the writer's name and address. Pseudonyms may be used. Send letters to : The government has created a Editor, ALIRAN MONTHLY, 103, Medan Penaga, 11600 Penang, land of opportunities for the Malaysia or e-mail to : [email protected] Views bumis. No other government in expressed need not reflect those of Aliran. If you are sending the world is as successful as our by e-mail please include your message in the e-mail body itself. government in creating million- We do not open attachments to avoid viruses. aires and billionaires peacefully. Failed? I say not.

• I am in full agreement with the views expressed by Koon Yew Yin. I am a Malay and consider myself to have achieved a certain level of success as an industrial- ist because of my involvement in factories producing goods for local use as well as for exports. I have been in the corporate sector for 30 years and before that I was with the government sector for 12 years. Reactions to Koon’s into the contracting world from an article on bumi insider’s perspective. I found this I attribute my little success to the contractors article very well written. I think following: Hard work with a many Malaysians like me wanted longterm goal. I do not believe in • I would like to commend to know more about this. free lunch and instant riches. I pay Koon Yew Yin for his article titled for every cup of tea I drink. Sec- “Why are there so few successful Dory ond, being prepared to learn busi- bumiputera contractors?” in ness even from the roadside mee- Aliran Monthly Vol 25 No 5. • I have a hunch that it was seller. In business you do what Thanks for giving a real insight not the government’s primary in- you know best and move from

Aliran Monthly : Vol.25(8) Page 34 there. Third, thrift and the keep- the West have achieved better re- from the Palestinians. ing of good accounts because you sults in economic development must keep track of what you and more peaceful governments, The UN Security Council needs spend. If you are lavish and don’t the West should not simply force restructuring so that it can func- know where your money goes it Islamic countries to accept their tion more effectively and stop the would not be long before the bank system of government, e.g. the US world’s most powerful nation, the comes after you. should not have invaded Iraq to US, from launching preemptive change its regime. There was ab- strikes on any nation without UN So what are the reasons for the solutely no justification for invad- sanction. failure of Malay businessmen? ing Iraq just because it wanted to Apart from what Koon mentioned, introduce democracy there. Saddam Hussein should be re- the main reason is too much leased from jail immediately; oth- spoonfeeding and dependency. In all fairness, the UN should also erwise millions of his sympathetic Without government handouts, pass a resolution requiring the followers will continue to jihad. none of the contractors can sur- invaders to compensate Iraq for all We must acknowledge that dur- vive. the damages they have caused. ing his rule suicide bombings They must repair all the damaged were rare. What then needs to be done? infrastructures such as water Throw them into the deep end of supply, electricity, hospitals and Koon Yew Yin the pool. They will have to learn schools; otherwise a lot of affected to survive because the choice is Muslims will continue their jihad Just manifestos alone drowning. Have less talk of activities. will not improve GLCs ketuanan Melayu by politicians - because the Malays are a poor lot The best route out of conflict is lis- How many times have we seen except the chosen ones. And the tening to your ‘enemy’. They and heard this before: meetings chosen ones couldn’t care less for should listen more than they talk and declarations which come to the less fortunate Malays. and act. The US should hold more naught. So I have to apologise if I dialogues with the Muslims so am still sceptical that all the 10- Mirza that they can understand them point manifestos that were better. The Americans must stop launched recently to improve Jihad and suicide supporting the Jews against the GLCs will ever bear fruit. Some of bombers Palestinians. They must realise the points are wordy and they that there will be no peace as long look more like party election mani- Although human rights and de- as the Jews are not willing to give festos rather then containing any mocracy as generally practised by up part of the land they have taken substance.

The problem is: GLCs seem to have a lot of assets and funds at their disposal; this renders them incompetent when it comes to seeing things clearly and not wast- ing resources on silly ventures.

For example, the setting up of PMB to hold planes and subsidise local routes for MAS was one such exercise in futility. Why should the public subsidise the minority shareholders of MAS (which is exactly what we are doing with the current system)?

Aliran Monthly : Vol.25(8) Page 35 years of inde- of modern Malaysia is how toler- pendence, we ant we are of other religions and still have not races. That is pure hogwash. found a Malaysian iden- Places of worship have been de- tity and continue nied on the grounds that others to harp on racial- may disagree with the noise. Dogs The losses incurred by MAS on and religious-based agendas that are being targeted as they are seen local routes have increased, giv- do not really suit anyone except to be unacceptable to some. ing rise to suspicions that MAS is those pushing such agendas. dumping costs on its local sector Ayah Pin who is really an egois- to get it all back from PMB. Why In recent weeks, all newspapers tic wayward loony has been at- should taxpayers’ money be used have highlighted the uneasiness tacked by a mob. What is the guar- to subsidise a listed company? over religious and race-based antee that someday these mobs speeches in their Letters to Editors will not turn on others? Then we have TNB, which has section. previously entered into one-sided Malaysian First agreements with independent It was quite good also to have read- Petaling Jaya power producers under which it ers giving their views on the ‘in- is the loser; and Telekom, which famous’ MP’s retort that those Proud of Aliran seems to have buildings every- who don’t agree with his asser- and Malaysiakini where. tion should get out of Malaysia. I am not particularly impressed The malaise with GLCs has noth- with that statement as it only ing to do with the fact that they shows how shallow and lacking are government owned. Rather, in knowledge this particular MP they appear to be run as charita- is. The problem is the government ble organisations, unnecessarily is letting him flare up with racial employing too many people. sentiments inside the safety of parliament or party assemblies Stop using the GLCs as carte without warning him about his I am a Malay living in the US for blanch cheque books and we will actions. the past 30 odd years, and have definitely see improvement. Also, become a US citizen (by choice); when you say the best and bright- Recently a bomb rocked London however, my roots are still in the est are going to be hired, please and many Londoners expressed land of my birth, Malaysia. I am make sure that it is the best and shock over it, including Muslims. very proud and happy to at last brightest among all Malaysians, However there were some groups find something of Malaysia I can not just one race. I am sure the of people who apparently were truly be proud of: Aliran and NEP was never about one race surveyed expressing the opinion Malaysiakini. I know it takes cour- monopolising everything. that the bombing was justified as age to publish or write about the Britain was too free and losing its issues that no other news (wor- Joe Public morality. thy?) papers dare to do. It truly is Petaling Jaya an eye opener, for me at least, to Can you imagine if any British MP know that there are honest, Time to move away were to ask these group of people broadminded individuals willing from communal to leave Britain if they don’t be- to takle issues without bias and sentiments lieve in Britain’s secular democ- write about them. I salute you and racy. I am sure the MP would have your counterparts. Keep up the The Merdeka celebration just to resign within days. good work. passed but it is very saddening and demoralising that after 48 In fact, one of the greatest myths California girl

Aliran Monthly : Vol.25(8) Page 36 ORANG ASLI LAND RIGHTS UPHELD Continued from page 40

Airport in 1995. Some also had lands. As such, these lands ment, when the Orang Asli repre- their crops and dwellings de- should be treated as titled lands sentative, Tok Pangku Pandak stroyed. While they were paid a and therefore subject to compen- Hamid, asked the Education nominal amount for these, there sation under the Land Acquisi- Minister if the government had was no compensation for the tion Act. any plans to ensure that the he- land. The authorities maintained reditary lands of the Aborigines that the Orang Asli were mere ten- But the 59-page judgment of are reserved for their use, Enche ants on state land and, as such, Gopal Sri Ram in the Court of Mohd Khir Johari replied: were not entitled to compensation Appeal is more than just an affir- under the Land Acquisition Act mation of the rights of the Orang Steps are now being taken to cre- 1960. Asli to their traditional lands. It ate these reserves and there are was a condemnation of the way also in existence others which With the support of a formidable the Orang Asli have been treated were gazetted prior to the intro- pro-bono legal team from the Bar by the authorities and a wake-up duction of the Ordinance…. At the Council – led by Dato Dr. Cyrus call to the government to fulfill its moment there are in existence in Das and ably assisted by Jerald fiduciary responsibility towards the Federation, 58 Gazetted Abo- Gomez, Rashid Ismail, Sharmila the community. In his words, rigine Reserves covering in all Sekaran and Leena Ghosh – the “Here you have a case where the approximately 30 square miles, Shah Alam High Court ruled that very authority – the State – that is and including some 5,200 aborigi- the Temuans had native title un- enjoined by the law to protect the nes. An additional 120 areas are der common law over their lands. aborigines turned upon them and currently under consideration, In his April 2002 ruling, Judge permitted them to be treated in a with a view to gazetting as Re- Mohd Nor Ahmad, also ordered most shoddy, cruel and oppres- serves. They cover about 389 sq. the four defendants (the Selangor sive manner.” miles and include approximately state government, United Engi- 21,000 aborigines. neers Malaysia (UEM), Malaysian Failure in Highway Authority (LLM), and fiduciary duty Alas, as the court was later to find the Federal Government) to pay out, none of these good intentions compensation to the Temuan Acknowledging that the purpose was realised. In the case of Bukit landowners and further ordered of the Aboriginal Peoples Act 1954 Tampoi, the Temuans faced both that UEM and LLM pay damages was to “protect and uplift the First under-gazettement as well as non- for trespassing. Peoples of this country”, Judge gazettement of their lands. Thus, Gopal asserted that “it was there- as a result of the state and federal All four defendants appealed and fore fundamentally a human governments’ neglect in both un- the appeal was heard in June 2005 rights statute, acquiring a quasi- der-gazetting and not gazetting before Judges Gopal Sri Ram, constitutional status giving it areas which they knew were in- Ariffin Zakaria and Nik Hashim preeminence over ordinary legis- habited by the Temuans, the lat- Nik Abdul Rahman (the latter lation. It must therefore receive a ter’s rights in the land were two have since been promoted to broad and liberal interpretation.” placed in serious jeopardy. For the the Federal Court). The three state and federal governments judges unanimously threw out the This was in keeping with the early now to say that no compensation appeal and held that the High debates and discussions as re- is payable to the Temuans because Court was not misdirected when corded in the Federal Legislative the disputed lands were not it decided, based on a large quan- Assembly hansards, newspapers gazetted is to add salt to injury – tity of evidence and fact that was of the day and archival records, injury caused by their own neglect not challenged, to rule that the which clearly showed that Orang and failure. This prompted Judge Temuans did indeed have propri- Asli lands were to be recognised. Gopal to comment that, “I am yet ety rights over their customary For example, as noted in the judg- to see a clearer case of a party tak-

Aliran Monthly : Vol.25(8) Page 37 ing advantage of its own wrong.” that the Orang Asli had to un- This is a pro-active move that can dergo when they were forcibly have positive effects in other hu- Force used evicted. man rights cases. The judge added, “I am aware that ordinar- The Department of Orang Asli Making the ily we, the judges, are not permit- Affairs (JHEOA) is the govern- Aboriginal Peoples ted by our own jurisprudence, to ment agency set up pursuant to Act compliant do this. But here you have a direc- the Aboriginal Peoples Act 1954 with the Constitution tion by the supreme law of the Fed- and charged with the responsibil- eration that such modifications as ity of looking after Orang Asli The practice to date has been to the present must be done.” welfare. The judge noted that it use the 1954 Act as the legal basis made a significant policy state- for compensating the Orang Asli Landmark ment in 1961 called ‘Statement of only for their crops and dwellings judgment Policy Regarding the Administra- whenever their lands are taken. tion of Orang Asli of Peninsular The 1954 Act has also been used The judgment of the Court of Ap- Malaysia’ wherein the special to argue that the Orang Asli do peal in the case of Sagong Tasi and position of Aborigines in respect not hold proprietary interest in 6 Ors v Kerajaan Negeri Selangor of land usage and land rights their land and that the state gov- and 3 Ors is without doubt a land- shall be recognised and that … ernments exercise wide powers as mark decision in many aspects. Aborigines will not be moved from to the disposal and compensation For certain, it is a refreshing breath their traditional areas without their of these lands. The Orang Asli of just air given the spate of judi- full consent.” therefore are only tenants-at-will, cial setbacks indigenous peoples living on state land at the state’s have faced in the courts, especially Yet, in the case of Bukit Tampoi, largesse. in Sarawak. It also shows that some of the Temuan landowners there is enough in our local laws were brought to the police station Citing a number of legal prec- to protect the rights of the and forced to accept their compen- edents and justification, Judge marginalised and the oppressed sation cheques (for their crops and Gopal reversed this interpreta- if we only want to. dwellings) in front of the District tion. In the light of the obvious Officer, the OCPD and the State conflict between the 1954 Act and Having been closely involved in Assemblyman. All did not cash the Federal Constitution - Article this case, both at the evidence- their cheques immediately and 13(2) states that “no law shall pro- gathering stage and in the devel- only did so on the advice of their vide for compulsory acquisition or opment of the legal argument, lawyers and under protest. Fresh use of property without adequate there was never any doubt in my cheques had to be issued, how- compensation” - he ruled that rel- mind that the case for the Orang ever, as the validity period of the evant portions of the 1954 Act had Asli was based on a very strong original cheques had expired. to be brought into conformity with evidential, moral and legal foun- the Constitution. dation. With a hardworking and The judge in his judgment did not very committed legal team, it was go into the details of how the This is achieved, he says, by not easy to be reassured of success. Temuan plaintiffs were forcibly reading the words in section 12 of moved from their lands other than the 1954 Act, “the State Authority But I couldn’t help feeling inse- to note that, “The plaintiffs and maymaymay grant compensation cure on the morning of 19 Septem- their families were unceremoni- therefor” as conferring a discre- ber given the perception that other ously asked to go and fend for tion on the State Authority factors also come into play in court themselves in unkind weather.” whether to grant compensation or decisions. Now is the time to rel- But he did rule that “looking at not. Instead, the relevant phrase ish the short interregnum before the evidence in totality, I am satis- ought to be read as “the State Au- the same insecurity reappears fied that this is a proper case for thority shall grant adequateadequateadequate com- when it is time for the Federal an award of exemplary damages” pensation therefor.” In so doing, Court appeal. It is hoped however for the distress and humiliation the modification is complete. that the four parties would accept

Aliran Monthly : Vol.25(8) Page 38 the unanimous decision of four photo by Colin Nicholas judges thus far that the Orang Asli have a rightful place on their own lands.

Already three of the affected landowners have died and several of them are getting on in age. Sagong Tasi and Dabak Chabat still live in poverty, frequently ill from old age and from lack of the basics many of us take for granted.

As I was preparing this article, word reached me that the Semoq Beri in Pahang also had their lands encroached upon recently by another highway project and an individual who cut down their durian trees and sold them for timber before settling down to occupy former Director-General of the the land as his own. Just another Department of Orang Asli Af- Colin Nicholas is the co- case to add to the growing list of fairs, Tuan Hj Ikram, who had ordinator and founder of encroachments into Orang Asli once showed his behind to them the Center for Orang Asli areas by authorities and individu- at a meeting, saying, “You can Concerns. He worked als who still choose to regard kick me here if you win your case closely with the Orang Orang Asli as tenants on their own in the courts!” They want him Asli and the legal team in land. to make good at least this prom- this case, in which he was ise of his and to see how it is also an expert witness. In the meantime, the Temuans at like on the other side of the tram- Bukit Tampoi are looking for the pling. q

photo by Colin Nicholas

Aliran Monthly : Vol.25(8) Page 39 COMMUNITIES Orang Asli land rights upheld The verdict shows that there is enough in our local laws to protect the rights of the marginalised and the oppressed if we only want to. by Colin Nicholas

photo by Colin Nicholas

n Monday, 19 September The 300-plus Orang Asli, from Chabat, Kepal Kepong, Sani OO 2005, thunderous ap- various subgroups, had come Saken, Senin Angin (deceased) OOO plause broke out in the from as far as Johor and Pahang and Tukas Siam were among 23 normally staid Court of to lend support to a group of seven family heads from Bukit Tampoi Appeal in Putrajaya, sending se- Temuans. A decade ago, the seven in Dengkil, Selangor who had 38 curity officials scurrying to main- had decided enough was enough acres of their land taken from tain decorum. The crowd of ex- and took the government and oth- them. The land was acquired for pectant Orang Asli was respond- ers to court for trampling on their the construction of the Nilai-Ban- ing spontaneously to my single- dignity and their rights. ting highway linking with the word ‘briefing’ – “Menang!” (vic- new Kuala Lumpur International tory!) – on the Court of Appeal’s Sagong Tasi (now 74 and after decision on a matter that deeply whom the case takes its name), Continued on page 37 affected them all. Kachut Tunchit (deceased), Dabat

Aliran Monthly : Vol.25(8) Page 40