For Justice, Freedom & Solidarity PP3739/12/2008(007145) ISSN 0127 - 5127 RM4.00 2008:Vol.28No.1

Aliran Monthly : Vol.28(1) Page 1 COVER STORY Vote for democracy! Vote for a stronger opposition! We don’t need a strong government. We need a just government. by P Ramakrishnan

he 12th General Election is crucial for TT . It will set the direction for the TTT nation and will determine the status of de- mocracy in this country. More importantly, the outcome of the results will decide the secular status of this nation which is under grave threat.

The rot has set in

Extremist elements are aggressively in the forefront pushing the Islamic agenda and ignoring the plu- ralistic character of this nation. They completely ig- nore the historic social contract, assiduously nego- tiated by the main communities in a give-and-take understanding to secure independence and forge a nation from our diverse cultures and religions.

Various groups and people have toiled and contrib- uted to make this country what it is today. Our strength has always been in our ability to work to- gether in a co-operative and compromising spirit to accommodate the interests and welfare of all Malaysians.

Aliran Monthly : Vol.28(1) Page 2 EDITOR'S NOTE

It’s almost polling day! We presume most of you have already made up your minds which party to CONTENTS vote for. If you haven’t, take a look at our issue.

In our cover story, P Ramakrishnan urges COVER STORY Malaysians to vote for democracy and for a stronger ••• Vote for damocracy! Vote for a opposition. We don’t need a strong government, he stronger opposition! 222 says. We need a just government with checks and ••• Making candidates accountable 888 balances. Apart from this, we desperately need can- ••• A thinking voter's checklist 101010 didates who are trustworthy and accountable, those ••• The transformation of the who will nurture and defend the democratic proc- Election Commission 151515 ess, says Prema Devaraj. ••• Minimum wage and Cola now! 171717 With Pas and the DAP expected to make gains, all ••• Are our priorities right? 191919 eyes are on how Keadilan will fare. Terence Netto ••• Restore local council elections 202020 explores whether Keadilan’s multi-racial agenda ••• Local plans needed 212121 will find support in the mixed constituencies, where ••• Is the BN's economic model the BN traditionally had an advantage. sustainable? 242424 ••• Improve the public healthcare Meanwhile, most of the mainstream media cover- systemsystemsystem 252525 age has been dominated with news about person- ••• Cyber activism, the new frontier 262626 alities and their campaigns. Unfortunately, there has ••• Abolish the ISA 292929 been little discussion and debate about the issues ••• Look back in anger 383838 that matter most to the people. If you are fed up with ••• How will Keadilan fare? 404040 the mainstream coverage, listen to Helen Ang tell us about a civil activism effort urging Malaysians to boycott the newspapers. FEATURES ••• Save the judiciary now - Part I 313131 To fill this gap, we look at some of the most pressing issues: health care, the Election Commission and REGULARS the integrity of the electoral process, the call for a ••• LettersLettersLetters 353535 minimum wage, the need for local plans to avoid haphazard development, the abolition of detention OTHERSOTHERSOTHERS without trial and the restoration of local council elec- ••• Subscription Form 232323 tions. That’s not all. Mohd Ali desperately urges us to save the judiciary while Anil Netto questions whether the BN’s top-down model of economic de- Published by velopment is sustainable in the long run. Persatuan Aliran Kesedaran Negara (ALIRAN)(ALIRAN)(ALIRAN) Finally, look up our thinking voters’ checklist be- 103, Medan Penaga, 11600 Jelutong, fore going out to vote. Remember, vote for democ- racy! Vote for a stronger opposition! , . Tel: (04) 658 5251 Fax: (04) 658 5197 Email (Letters to Editor): ALIRANALIRANALIRAN is a Reform Movement dedicated to Justice, Freedom & Solidarity and listed on the [email protected] roster of the Economic and Social Council of the Email (General): [email protected] 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 Konway Industries Sdn. Bhd. Plot 78, Lebuhraya Kampung Jawa, 11900 Bayan Lepas, Penang

Aliran Monthly : Vol.28(1) Page 3 This live-and-let-live spirit is be- ing undermined deliberately by certain politicians posturing un- compromisingly as champions of a single community to the detri- ment of our shared unity. While this stance may make them popu- lar among certain sections of the population, it sends out very seri- ous danger signals for the future well being of this nation.

Our democratic space has disap- peared. We cannot hold discus- sions on issues deemed to be of utmost importance because cer- tain elements oppose such discus- Giving two-thirds’ majority means sions. We cannot walk peacefully surrendering your rights to highlight certain grievances The does are issues that benefit the peo- without the police resorting to not need a two-thirds’ major- ple. No Opposition in its right high-handed tactics to break up ity to govern effectively. A mind will want to oppose this. such democratic actions. We can- simple majority is all that it To pass these bills no govern- not publish anything without a requires to form a govern- ment needs a two-thirds’ ma- permit. We cannot form any asso- ment. jority. ciations without being registered.

We cannot go to court to challenge A simple majority is sufficient A two-thirds’ majority has al- unjust decisions of the Executive to run the country effectively. ways been a dangerous because that right has been taken Adopting policies and pass- weapon. Don’t trust the BN away from us. We don’t get televi- ing bills will not be a prob- with such a majority. Look at sion and radio air-time or media lem. The Opposition cannot all the unjust and obnoxious space to articulate legitimate criti- prevent the Budget from be- laws that have been passed cism against the government. This ing passed. Bills can be intro- because they had the two- - and much more - has been taken duced and debated without thirds’ majority necessary to away from us. any problem. amend the Federal Constitu- tion. Our judiciary is in a shambles. It Elsewhere in the world, gov- is a pity that a noble institution ernments have served their We have witnessed how the set up to safeguard justice has citizens effectively with a sim- BN has taken away all our been destroyed by uncaring poli- ple majority. Locally, rights and freedom because ticians only interested in perpetu- with a one-seat ma- the BN had a two-thirds’ ma- ating their power and position. It jority has been running the jority to amend the Federal is so tainted and corrupted by un- state government quite easily Constitution. To safeguard savoury characters promoted to and without any problem. our rights and freedom we high places to do the biddings of must NEVER, EVER give the powerful. Deserving, honest Any sensible Opposition has them this two-thirds’ major- and honourable judges were de- to support policies that are ity. liberately by-passed to keep the sound and sane. Issues con- judiciary pliant to the Executive. cerning the fight against cor- What we need is a just gov- The last hope for the common per- ruption or the eradication of ernment – not a strong gov- son to seek justice has been made poverty or mitigation of floods ernment. a complete mockery.

Aliran Monthly : Vol.28(1) Page 4 Don’t punish voters for exercising the BN to continue unpun- their legitimate right ished. They have been pun- ishing the voters in the past. It A just government will treat long as the BN was running the is time for the voters to punish all its citizens justly. It will not state government in Trengganu. the BN for acting in such a discriminate neither will it high-handed fashion. punish them for voting in an Again, when the voters of Ipoh opposition politician. After Timur elected as The BN must be made to re- all, in the electoral process their MP in 2004, the flood miti- alise that it is an obligation such a choice is made avail- gation project came to a standstill. of any government worth its able to the voters. This is what salt to provide facilities and democracy is all about. According to the defeated MCA amenities for the welfare of candidate who was the previous its citizens. It does not come But, unfortunately, the BN is MP, there were plans for a flood with a price. It is our right to no respecter of the democratic mitigation project in Ipoh Garden expect these facilities. After process. It withholds develop- South and Kampung Simee. He all, the money for develop- ment and facilities and pun- had requested for a RM10 million ment does not come from the ishes the voters for electing allocation for the project, but as private funds of the political an opposition member as he was not re-elected, the alloca- parties. It is the wealth of the their representative. tion fell through. nation that is used for devel- opment purposes and citi- We have witnessed this Should a BN government that zens have a share in that shameful conduct for many prides itself as being imbued with wealth. decades in this country. When Islamic values of justice and fair- Pas captured Trengganu in ness behave in such an un-Islamic We cannot condone this prac- 1999, the BN stopped giving way and punish innocent citi- tice. We cannot any longer tol- the state government the pe- zens unjustly? erate the double standards troleum royalty that was due practised by this undemo- to the state and which had These are just two shameful ex- cratic government. been given to the previous BN amples of the BN acting unfairly state government without fail. and undemocratically. We must Should such a government de- This had been the case for as not allow this bullying conduct of serve your support?

Aliran Monthly : Vol.28(1) Page 5 Our education system has deterio- rated to pathetic levels. It is no longer seen as a means of enno- bling young minds and empow- ering future leaders of the coun- try with the right knowledge and values to mould them into healthy, mature, thinking and discerning citizens. The school system has become so polarised that it no longer reflects the multi- cultural make-up of the country. It is so bad that Marina Mahathir in her column in revealed that she had pulled her children out from the national schools be- cause they have become Malay schools. terest of the people and the nation, ringgit lost mysteriously, and the BN-controlled parliament had through failed projects and con- More disappointments passed all those obnoxious bills tracts. Though the fight against and worries to keep the Executive in perpetual corruption has been declared with power. pious intentions, so far nothing Our parliament has turned out to has happened to stamp out this be such a disappointment. Our Our unity over the last 50 years, scourge. elected representatives no longer instead of strengthening, has dis- stand as tall as the building itself sipated to worrying levels. It is a Well, fellow voters, the list of unlike previous parliamentarians tragedy that we are now more di- things that are wrong in this coun- who came imbued with parlia- vided than we have ever been be- try can go on and on. The point is, mentary traditions and healthy fore. Public policies and practices do we want to let it go on? This is respect for democracy and vibrant have widened the gap. People feel what we have to decide. debates. They crossed swords in discriminated against, not only a dignified manner without anger the non-Malays, but the Malays Do they need another or rancour. These days debates as well, when it comes to con- huge mandate? have become shouting matches, tracts, licences, promotions, loans, spiced up with sick jokes and and scholarships, which invari- The BN asked for a strong man- shocking sexist remarks. Even if ably went to cronies and the well- date in all the previous elections. certain members were to speak the connected. While we can blame This mandate was given without truth and act according to their the British for the divide-and-rule- fail. Indeed, the last mandate was conscience they are punished for policy, the BN has mastered this unprecedented. It was a whop- crossing party lines as was the art to perfection to remain in ping 91 per cent of parliamentary case with the two MIC MPs and power. seats. Shahrir Samad, the chairman of the Back Benchers Club. Corruption has pervaded our en- What did this huge mandate tire system. Through corruption, amount to for the people? In what Worse, the Barisan Nasional- billions of ringgit have been lost way has it benefited the country? dominated parliament has over at the expense of development and The huge mandate produced a the years passed terrible and de- help for the poor. We have squan- strong government. But it did not meaning bills and amendments dered our wealth through un-ten- produce a just government. It that have taken away most of our dered projects, seeking and secur- made the politicians powerful. But fundamental rights and freedom. ing contract sales through mid- it did not empower the people or Instead of acting in the larger in- dlemen, writing off billions of safeguard their fundamental

Aliran Monthly : Vol.28(1) Page 6 You owe your goodies when in the past it was a mis- erable sum. Twenty years of to the Opposition begging for a Thaipusam holi- day yielded nothing, but all of f it is not for the Op- You remember Ijok and the recent a sudden it was given for II position, there by-election there? Ijok, a rural con- and . III would be no goodies stituency which hardly saw its as- According to a or development for sembly member, was suddenly whopping RM125,580,000 was the people. Where there were swarming with so many BN poli- promised from the end of De- no contests when certain can- ticians pouring in money and cember to 14 February. It is very didates were returned unop- bringing in overnight develop- clear that what is dished out posed, the BN did not spend ment running into almost 100 mil- does not come from the gener- even a single sen in that con- lion ringgit. osity of the heart but is given stituency. out of fear of losing the support If there had been no contest, Ijok of the Chinese and Indian All the money that is now be- would not have received any- Malaysian communities. It is ing dished out was sorely thing! It would have remained a bribery – bribing to buy votes to needed even before this elec- forgotten and neglected area with remain in power. tion campaign period. But no one losing sleep over its unfor- Voters should ask why this why was this money not avail- tunate situation. could not have been given able then? A caring govern- when the election was not on ment would not wait for an The same thing is happening the horizon. Voters should now election to behave as Santa now. Goodies are pouring in by punish the BN for not being sin- Claus. It would have done the the lorry loads! What is being cere in their motive and resort- right thing when the need was promised and given to the Chi- ing to bribery to win votes. there. nese and Indian Malaysians is mind-boggling. Chinese schools Voters must play smart and re- If it is seen to be generous now are allowed to relocate with funds alise how much more they will it is simply because the BN is provided; new Chinese schools be given the next time if they desperate to win. It is approv- can now be constructed when it elect the Opposition this time! ing all kinds of projects and was no-go all these years; farmers Voters have everything to gain releasing millions of ringgit are given land and grants.Tamil – a double bonus - by voting for just to ensure its victory. schools are given huge allocations the Opposition.

rights and freedom. It is this huge Another point to take into consid- dom. There was no strong Oppo- mandate that has robbed us of our eration is this: How did this sition to ensure that the policies human rights and made us pow- strong government become so ar- of the government were just and erless. It is this huge mandate that rogant and uncaring? Simple. fair. has made this BN government so There was no strong Opposition arrogant and unjust in its policies in parliament. There was no Op- My fellow voters, vote for democ- to the poor and the powerless. position to provide the necessary racy. Vote for a strong opposition. check and balance. There was no Vote to deny a two-thirds’ major- Do they need another huge man- strong Opposition to force the gov- ity. Do this and you will see the date? The answer must be a re- ernment to act justly. There was difference when the next parlia- sounding NO! We don’t need a no strong Opposition to prevent ment meets. strong government. We need a just the numerous amendments to the government. A just government Federal Constitution to take away Do not fail yourself. does not need a huge mandate. our fundamental rights and free- Do not fail the country. q

Aliran Monthly : Vol.28(1) Page 7 ELECTION 2008 Making candidates accountable Candidates should be trustworthy and accountable people who will nurture democratic process and principles by Prema Devaraj

lection fever has really and gnashing of teeth over the al- were then unveiled to the public EE set in as polling day location of seats to candidates, on nomination day. The candi- EEE draws closer. There was both within the ruling coalition dates are now making their quite a bit of negotiation, and the opposition. It was not an rounds to obtain our votes. discussion, cajoling, posturing easy task. The chosen candidates

Types of sexist and Comments CulpritCulpritCulprit discriminatory comments

Comments about women’s Where is the leak? The member for Batu Bung Mokhtar Radin bodies and biological Gajah also leaks every month. (BN –Kinabatangan) functions as an insult Like a menopausal women in reference to Badruddin bin Amiruldin the debate of another male MP (BN-then MP for Yan)

Comparisons of women to Toilets are like new brides after they are S Samy Vellu inanimate objects completed. After some time, they get a bit (BN- Sungai Siput) spoiled. Even if you do not use them fre- quently, you need someone to clean them very 25 minutes.

Sexual innuendos and double It is unusual for women’s issues to be Mohamed bin Aziz entendres touched (raised) by men,” and after a (BN- Sri Gading) pause, he added, “but women are supposed to be touched by men.” Bung Mokhtar Radin Can I push through a little? (BN –Kinabatangan)

Blaming women for sexual The women’s dressing menggoda (lures) Shabudin Yahaya crimes perpetrated by men and mencabar (challenges) men (BN- Permatang Berangan) Datuk Jasmin Mohamed (BN- Sg Dua)

Using references to children’s Referred to a fellow women MP as Male MP behavior and or saying a little girl and told her to go home women are ‘emotional’ to and suck on a pacifier. minimise their views.

Commenting on women’s Widows are humble… but divorcees, Abdul Fatah Harun marital status as a put down. most of them are gatal (randy) (PAS – Rantau Panjang)

Aliran Monthly : Vol.28(1) Page 8 But do we really know what they stand for? Let’s take a look at some of our representatives using the example of parliamentarians’ views on women. A leaflet ‘Vote for a Sexism-Free-Parliament’ was produced by the Joint Action Group for Gender Equality (JAG) in late 2007, highlighting some of the sexist and discriminatory comments made by parliamentar- ians over the years. Some of these statements are reproduced in the table above.

The list of comments and culprits here is by no means exhaustive, but it just shows the mindset and calibre of some of our representa- parties if they have been chosen only do that if they understand the tives in parliament. Clearly, with to stand again. issues and are committed to be- these attitudes, there is neither ing part of the struggle for posi- any respect for women nor an As a friend recently reminded me, tive change. It is meaningless to understanding about gender the elections are just one part of vote for political opportunists equality or violence against the whole democratic process. who do not have the welfare of this women. How can we expect This means that we, as citizens of country’s people at heart. In the proper debate in parliament on a democracy, have a right to ex- coming elections, candidates will any issue when parliamentarians press our views and hold our rep- no doubt give fiery speeches and cannot even observe basic non- resentatives accountable on a va- make extraordinary promises. But sexist language or even under- riety of issues on a regular basis it’s up to the voters to discern fact stand that their comments are sex- and not just once in five years. We from fiction. ist and are not jokes? Their col- should make our wakil rakyat ac- leagues, while not guilty of utter- countable for the corruption in the Will the candidate you plan to vote ing these sexist comments, are country, the lack of transparency for be committed to working for a nonetheless guilty for joining in and accountability, repressive transparent and accountable gov- the laughter or not challenging laws, development without con- ernment? Will he or she be will- their colleagues or worse still not sultation, the denial of freedom of ing to commit to some if not all of even understanding the issue. assembly, the privatisation of the issues listed above? Will he or healthcare and water, the lack of she represent your views? Will he They are our suitable housing for low and mid- or she be willing to be held ac- representatives dle-income groups, the countable to the people of this marginalisation of the disabled country? So how do we make our repre- and the indigenous peoples, the sentatives accountable for their lack of a minimum wage for work- Candidates should be trustworthy thoughts, words and actions? The ers, environmental degradation, and accountable people who will JAG leaflet sends a clear message the plight of refugees and migrant nurture the democratic process – sexist candidates should not be workers and so on. and principles. They should help fielded and sexist candidates bring forth just and meaningful should not be voted into the next Lest we forget, representatives are development for all and not just government. Voters should send just that and no more: they are for the few. Hold your candidate this message via the ballot box to people chosen to represent our to account. Let your vote send out these representatives and their views and concerns. They can that message. q

Aliran Monthly : Vol.28(1) Page 9 ELECTION 2008 A thinking voter’s checklist

Not sure which party to vote for? Let us reflect on a few crucial issues

his time, when the gen- mand: rich or poor deserve to have jus- TTT eral election comes, tice meted out in court by fair and TT many of us might be • the repeal of the obnoxious ISA, independent judges according to swayed by propaganda which allows detention with- the principle of natural justice. that things are going to get better out trial. if we stick to the known.. • greater freedom of speech, as- We, the citizens of Malaysia, de- sembly and association, in- mand: But before we make our minds up, cluding the repeal of the Police let us reflect on a few crucial is- Act • fair courts with competent and sues. • a professional police force that qualified judges, respects human rights • due process and natural jus- Basic human rights • an end to custodial violence tice. for all and police brutality • justice for all – not only for the rich and powerful. Now human rights might not Independent • justice not only to be done but mean a lot to some of us. But if our judiciary to be seen to be done. own rights are violated, we will surely think again. Since the sacking of the former Press freedom Lord President Tun Salleh Abbas It is a basic universal right that in 1988, the credibility and inde- There is too much concentration anyone who is arrested for an al- pendence of the Malaysian Judi- of media ownership in a few po- leged crime must be charged be- ciary in the public eye has nose- litically well-connected hands. fore a court of law and be allowed dived. It virtually acts as a sub- This leads to less freedom of the to put up a defence according to servient branch of the Executive press. In addition, repressive laws the principles of universal legal rather than as a separate branch deter free and independent report- practice. The ISA is an affront to of government that should serve ing. such a basic human right. It as a check-and-balance, along should be abolished and rejected with Parliament, against Execu- We, the citizens of Malaysia, de- by all right-minded citizens. tive excesses. The revelations mand: made in the Royal Commission of Freedom of expression is also a Enquiry have been shocking and • freedom of the press basic democratic right, which has at the same time exasperating • the repeal the Printing Presses been systematically curbed in since the investigations have not and Publications Act, the Offi- Malaysia with the introduction of been allowed to be comprehensive cial Secrets Act, the Sedition various undemocratic laws and and all encompassing. Act, regulations. • the abolition of the require- All citizens, whether in high ment for publishers and print- We the citizens of Malaysia de- places or low, powerful or weak, ers to apply for an annual li-

Aliran Monthly : Vol.28(1) Page 10 cence. was that as city councillors were cies in the area of taxation • the enactment of a Freedom of elected, there was too much inef- • benefits for the economically Information Act to facilitate a ficiency and corruption at the lo- disadvantaged in the form of free flow of information and to cal level of government. micro-credit facilities and in- promote greater transparency creased social security ben- and openness. Malaysians know that today there efits. is inefficiency and corruption - • an end to the privatisation of Fair elections more so perhaps at the state and public goods and amenities - federal levels of government. Inef- namely education, health, wa- Malaysian elections have increas- ficiency and corruption must be ter and other public utilities. ingly become sullied by money tackled as separate problems and There is no proof that privati- politics; literally millions of not be used as an excuse to de- sation can improve the quality ringgit are spent to win elections. prive citizens of their basic right of services. Instead, privatisa- The Election Commission and the to democratic representation at tion has led to increased rates courts must play their role in see- the local level of government. It is and fees without improvement ing that candidates strictly adhere the right of all citizens to have in services. Privatisation, as it to the legal campaign spending duly elected representatives in is being carried out, only ben- limits. Other forms of electoral town councils as practised in the efits the politically connected. fraud such as the use of phantom past. voters, multiple registration of It’s tough making voters and the illegal transfer of We demand: ends meet voters to different voting areas must be stopped. • the restoration of representa- The prices of petrol and many tive local government food items — cooking oil, flour, We, the citizens of Malaysia, are • the election - and not appoint- bread, fish, meat and vegetables disgusted with the way money ment - of town councillors have risen. How can we feed our and power is used to win influ- • adequate funding and facili- families so that they get a bal- ence and votes. ties for municipalities. anced diet? • no local taxation without rep- We demand: resentation! Add to this transport, medical, education and other necessary • the eradication of vote buying Holistic development expenditure and you get the pic- and corruption ture. A good government should • the elimination of phantom Development must not only stress make sure that the cost of living is voters. economic growth but also the fair not always going up. • an end to politicians making and just distribution of income false election promises and wealth among all the people. Affordable, quality healthcare • limits be placed on the amount Development must ensure that all of money that can be spent dur- citizens are entitled to basic eco- We demand: ing election campaigns, and nomic and social rights. • a stop to the use of government • affordable and quality funds, agencies and facilities We demand: healthcare in our public during the election campaign. healthcare system (i.e. general • a minimum wage of RM900 hospitals). Local democracy plus RM300 COLA for all • higher government funding of workers as it constitutes a ba- our general hospitals so that A very important and basic right sic economic right. All work people of all income groups of citizens was set aside when lo- enjoy a relatively decent and can be taken care of properly. cal government was abolished in humane life on their wages. We are especially concerned the early 1970s. The excuse then • widespread distributive poli- about the rising healthcare

Aliran Monthly : Vol.28(1) Page 11 costs for older people, migrant • more parks, green lungs and * a comprehensive study of our workers, the sick and playgrounds and better public public universities which have marginalised communities transport in housing areas. been increased and the who can least afford it. enrolments expanded very • committed healthcare person- Education to nurture rapidly, leading to declining nel especially doctors and thinking Malaysians standards, and unemployment nurses, who must put the pa- among the ill-prepared gradu- tient above all other considera- The role of our education system ates; tions. is not only to produce a well- • stricter regulation of the pri- trained and productive workforce, • a re-evaluation of the impact vate healthcare sector. but also to develop character and of privatisation upon higher Decent, affordable to nurture critical and creative education and an end to entre- thinking. Our education system preneurs treating education as housing must also promote respect and a commercial, profit-making acceptance of our diverse religions opportunity. It is a disgrace and a major failure and cultures and foster national of the government of the day that integration. Today our education Environmental housing remains unavailable and system is undergoing rapid but protection inadequate for many Malaysians. erratic change but its quality is The government has allowed suspect. Children and parents are In the name of economic progress, housing developers to build obsessed with exam performance many development projects have luxury housing and condomini- and going to school is not a joyful degraded the environment. Thus, ums, which are only affordable to exciting experience for children for instance, our land and rivers the very rich and MM2H foreign- who have to cope with a heavier and sea are polluted by industry. ers. Such a policy has only helped workload. Certain housing projects and to enrich a small number of devel- highways cut into hills and turn opers while leaving the vast ma- We demand: our cities and towns into concrete jority of citizens exposed to high jungles, increasing the possibility or barely affordable rents. • quality education within of landslides, floods and misery school hours so that students to many Malaysians. As citizens, we demand: will not have to depend on ex- tra tutorial classes. We, the citizens of Malaysia, are • more affordable house for all, • that the quest for academic ex- highly disturbed by the arbitrary which means more low cost cellence include the obligation and often facile way in which and medium cost housing and to provide space and access for precious state and other land is fewer grand projects and ex- the development of diverse tal- alienated for so-called develop- pensive condominiums ents among children, from the ment projects. • a cap on the ceiling price of creative to the scientific. low-cost houses at RM35,000 • a system that nurtures think- We demand: and easy loan or rental facili- ing, inquiring minds infused ties so that the poorest with values such as social con- • a conscientious and holistic Malaysians will be able to live cern, integrity and compas- approach to development that in decent houses. sion. will not cause irreparable dam- • a revamp in the design so that • a school environment that is age to the environment. there is enough living space for safe (against crimes), one • consultation with citizens be- a family. which is comfortable (with fore any approval of land use • better management of low cost ample furnishing, no more for development projects is housing projects so that they heavy school-bags) and enjoy- contemplated. In particular, will not rapidly deteriorate able (with humane and caring local plans must be drawn up and turn into eyesores. teachers). with wide-ranging public par-

Aliran Monthly : Vol.28(1) Page 12 ticipation. • a ban on GM food until it can resentation at all levels, from • independent environmental, be conclusively proven to be local government to the senate. social and traffic impact as- safe for all living beings and sessments the environment. Indigenous • that strict laws and regulations communities be imposed on developers. The Women authorities must ensure that Many among the indigenous com- land development does not Women contribute just as much munities do not seem to have ben- prove to be unhealthy and un- as men to the economic prosper- efited from government develop- safe. ity of the nation. On top of it all, ment projects and remain desper- • a cautious approach to bio- they carry a bigger responsibility ately poor. That said, we would technology based on scientific in nurturing the young, in prepar- argue that their cultures and life- assurances of long-term safety ing food, and in maintaining a style must be respected and per- for people and other living or- liveable space in our daily lives. petuated especially if they are in ganisms. But they lack power in govern- complete harmony with nature. • clean air and water. ment and politics and they are also But their respective cultures must • sustainable and environmen- more easily subjected to violent not be maintained solely for the tally friendly waste disposal crimes involving their sexuality. gaze of the tourists. systems that do not pollute the air and earth. We demand; Wasteful projects • affordable, efficient and sus- tainable public transport and • affordable, high quality We abhor the unnecessary, expen- pedestrian friendly streets in- childcare facilities especially sive projects that waste our coun- stead of congested roads. for low- and middle-income try’s resources to satisfy the egos working women. of certain people. Billions of Agriculture • a high standard of maternal ringgit, which could have been and food security and reproductive health care used to uplift the standard of liv- for all women. The duration of ing among Malaysians, have been With the government’s emphasis maternity leave for all women squandered on unproductive on agro-business, large tracts of should be extended to at least mega projects. Mega projects also land are now earmarked for cash six months. provide easy opportunities for un- crops, which do not necessarily • a minimum allowance for scrupulous individuals to engage benefit ordinary Malaysians. To non-working women whose in corrupt practices such as kick- make matters worse, excessive household income is below a backs and bribes. The money and careless use of pesticides has certain range. Women tend to spent on mega projects could eas- poisoned much of our foodstuff, spend their money on the im- ily have been used to vastly im- particularly vegetables. provements to their house- prove our education and holds and less on excesses healthcare systems, wipe out pov- We demand: compared to men. erty, provide social security ben- • effective action to tackle the ris- efits, and solve the housing prob- • agriculture that is environ- ing incidence of violent crimes lem once and for all. ment-friendly and caters to the against women and children, basic needs of the ordinary namely domestic violence, The disabled and Malaysians. rape, incest and sexual harass- special children • That farmers be allowed to ment. maintain their independent • the setting up of more Wom- A government sincerely commit- sources of livelihood instead of en’s Crisis Centres, throughout ted to a caring society should not putting them at the mercy of the country. merely have slogans about caring huge agrobusiness and • specific mechanisms to in- but give us more action. Groups agrichemical corporations. crease women’s political rep- in our society who have special

Aliran Monthly : Vol.28(1) Page 13 needs include the aged, the differ- families? crime? Has the lack of integrity ently abled (eg. the blind, those in in public life, the corruption and wheelchairs, the bed-ridden, the Or are security personnel merely abuse of power filtered down to autistic and those with Down’s interested in curbing dissent and the rest of society and mani- Syndrome). Are our public facili- cracking down on peaceful dem- fested itself in increasing vio- ties user-friendly for such people? onstrators demanding their lence? We need to have wheelchair-ac- rights? cessible public buildings and These are some of the concerns public transit facilities that cater We need to find out if our model that we should bear in mind for the needs of the blind and other of development, which treats when we go to the ballot box. We physically-challenged folk and human beings as cogs in the de- must vote for democracy, for the aged. velopment machine, has alien- public participation in deci- ated people, especially those cut sion-making, for respect for ba- Very often, the mentally-chal- off from the mainstream of de- sic rights and for the holistic lenged are ignored because they velopment. Has the dehumani- development of the human per- merely seem “strange” and sation of the human person in son in harmony with the rest of “odd”. How many parents with society contributed to a rise in creation. q autistic, or other mentally-chal- lenged children have asked des- perately, “Why aren’t there ad- equate facilities for teaching our children who have these special Will It Make Any Difference This Time? needs? Why are we left to our own limited ways to help our special Here I am in this sprawling metropolis children to learn and grow?” If Almost stranded in the gigantic daily jam only some of the money spent on of cars, taxis, buses, lorries and motorbikes wasteful projects were used to Mingling with the hopes, frustrations and impatience help special people, we could re- Of strutting Khuns and prettified Khunyings ally be proud of “Malaysia Self-important tycoons, potentates, generals, politicos Boleh”, i.e. Malaysia can and will Amid skytrains and skyscrapers and high aspirations care for its own citizens with their Desperately wishing to be like New York. different needs. Public security Without time to stand and stare And to ask the correct questions - Malaysia was once regarded as a All chasing the Bitch-Goddess of Success. safe country. But there have been Ah, well, all so dizzy, so choked by dust and bad air a spate of snatch thefts, break ins, And yet another election, yet another elation assaults, rape cases, murders, and Of Parliament’s members in frantic horse-trading. armed robbery of late. Who can be sure it’s not a circus again With tom yam goong and Mai Pen Rai? How many of us wake up with a shiver when we hear noises at Will it make any difference this time? night because houses in our area Pray mail me an answer well before the next coup have just been broken into? It isn’t While I follow the trail of blood and mayhem only our valuables, it is our physi- In the “Far South” which Justice has deserted hitherto. cal safety we are worried about. Will we be hurt? How effective Fan Yew Teng have the authorities been in pro- Bangkok tecting our bodies, our homes, our

Aliran Monthly : Vol.28(1) Page 14 ELECTION 2008 The transformation of the Election Commission

A shell of its original self

n the original Merdeka trol over the SPR by empower- moved the power of the SPR to III Constitution, an impar- ing parliament to determine apportion constituencies tial Election Commission the terms of office of the SPR. among the various states. Both (SPR) was put into place. More importantly, the constitu- the number of constituencies Since then, various Constitutional encies earlier delineated by the and its apportionment among amendments have transformed SPR were annulled by the Act the various states are now the SPR into a shell of its original thereby retaining the 1959 con- specified in the Constitution self. These amedments are dis- stituencies. The method of ap- (Art 46) and thus amendable cussed below. portioning constituencies at any time provided it receives among states then in use was two-thirds’ majority support. • The Constitution (Amend- also repealed. The new 13th The Act further replaced the ment) Act of 1960 amended Ar- Schedule was added to the 1962 requirement contained in ticle 114 (4) to provide for the Constitution with two impor- 2c of the 13th Schedule, with removal from the SPR of any tant consequences. First, the respect to the 2:1 variation in member who ‘engages in any pre-independence 2 to 1 rural the size of constituencies, with paid office or employment out- weightage (lowered to within a new stipulation that “a meas- side the duties of his office’. 15 percent of the average con- ure of weightage ought to be This was an attempt to remove stituency as recommended by given to such (i.e. rural) con- the then SPR chairman, who the Reid Commission) was re- stituencies”. This new word- had displayed much inde- stored. Second, the power to ing remains till today allow- pendence and was non-parti- determine constituencies was ing for rural weightage but san in conducting the re-de- transferred from the SPR to the without clearly limiting it. lineation of constituencies in party in power. Henceforth the accordance with the Merdeka SPR would only delineate and • The Constitution (Amend- constitutional provisions. recommend new constituen- ment) (No.2) Act of 1984 re- (Among other things these pro- cies to the prime minister who moved the upper 10 year limit visions required that the dis- would then table the changes for constituency reviews. Thus parity among constituencies be in parliament where only a reviews do not need to be con- not more than 15% from the av- simply majority sufficed. The ducted even after 10 years. erage constituency size). His PM could also make changes More importantly, a new removal failed. to the recommendations “after clause to Article 113 provides such consultation with the SPR for the review of any affected • The Constitution Amendment as he may consider neces- area by the SPR whenever there Act of 1962 was another at- sary”. is a change in the number of tempt to remove the SPR chair- seats in parliament or any state man but it also increased the • The Constitutional Amend- assembly. This means that the government’s powers of con- ment Act (No 2) of 1973 re- party in power can effect a

Aliran Monthly : Vol.28(1) Page 15 change in the constituencies at any time and for any portion of the Federation or any state by merely varying the number The Justice System of seats in the , or those of a state assembly. he way justice and sidered a psychiatric case The above clause further ab- legal systems func- and of unsound mind. solves all such reviews from TT TTT tion in Malaysia is strict compliance with the prin- a serious cause for I'm reminded of a judge in ciples of constituency delinea- concern. The call by a govern- Roman history. The Romans tion contained in the 13th Sched- ment minister to journalists gave us many fine laws. They ule. These latest amendments and reporters to report “re- also gave us Draco, the cruel give the ruling coalition much sponsibly” (meaning protect and ruthless lawmaker, from flexibility in reviewing constitu- the powers that be) rather whom we get the word “dra- encies. Other than the SPR initi- than the truth sent shivers conian”, which aptly de- ating a review after 8 years, the down the spines of scribes the ISA. Below is an government of the day can Malaysians! Then we had the example of Piso’s justice: change the number of seats in Law Minister, Nazri, shame- parliament or the state under its lessly saying that the concept There was also Piso Seneca control, and then require the of separation of powers be- tells us that Piso condemned SPR to conduct a review. And tween the legislative, judici- a man, based on circumstan- this can be done without adher- ary and executive is too ide- tial evidence, for murder. ing to the rules binding normal alistic to be implemented in When the suspect was being reviews. this country! readied for the execution, the man supposed to have been In effect, the ruling coalition has For example, there is no Wit- murdered appeared. The assumed effective control over ness Protection Act, some- centurion in charge sent the constituency delineation as well. thing the same minister was prisoner to Piso and ex- unaware of. The police, the plained the case to him The review can be conducted ear- ACA and other investigating whereupon the judge con- lier than 8 years since the last re- authorities don't seem to be demned all three to death. view. There are no longer clear interested in the message con- The condemned man was limits to rural weightage. And all veyed by whistleblowers but executed because the death reviews are subjected to the PM’s go ruthlessly and relentlessly sentence had been passed amendment before being submit- after the messenger. Anwar upon him, the centurion be- ted to parliament for a simple ma- Ibrahim and the V K Lingam’s cause he had disobeyed or- jority approval. Under the circum- brother are just two of the vic- ders and the man supposed stances, the rules of constituency tims. Anyone brokering the to have been murdered be- delineation are henceforth largely appointment of judges, fixing cause he had been the cause nominal in nature intended to cases and and fixing judges of death of two innocent lend legitimacy to the wishes of must surely be out of his men. And the judge pro- the ruling coaltion. q mind, a veritable lunatic fit for claimed fiat justitia ruat an asylum. But no! In our caclum (let justice be done system he is amply “pro- though the heavens should tected” so that powers that be fall). Source: Lim Hong Hai “The can be protected. The Delineation of Electoral whistleblower is the one con- Pro-justice Constituenceis in Peninsu- lar Malaysia” (2002).

Aliran Monthly : Vol.28(1) Page 16 ELECTION 2008 Minimum wage and Cola now! The government has awarded hefty pay hikes to civil servants, but private sector workers have been forgotten. The MTUC is proposing a minimum wage of RM900 and a cost of living allowance (Cola) of RM300 by Syed Shahir bin Syed Mohamud and G Rajasekaran

he workers’ contribution to the country’s Lumpur pay a basic wage of RM290 per month to economic growth and national develop- cleaners and waiters. TTT ment as well as their cooperation in main- taining industrial peace have received the The government has repeatedly dismissed the government’s recognition and appreciation. Yet, a MTUC’s persistent demand for minimum wage leg- significant proportion of wage earners in the coun- islation by merely stating that market forces and try remain poorly paid and are denied the basic ne- demand and supply will determine the minimum cessities of life. The vast majority of these workers wage rates and that employers who fail to pay a fair are unskilled and remain outside the coverage of wage rate will not be able to attract sufficient work- trade union membership. ers to meet their requirements.

The wages of those represented by trade unions are Unfortunately, the government, while rejecting the no better. MTUC’s call for minimum wage legislation, has intervened and flooded the country with millions of Despite huge profits (earned by plantation firms), migrant workers, with low wages and poor work- the basic wages of plantation workers throughout ing conditions. The MTUC sees the government’s the country remain below RM400 per month. Tex- action as a deliberate attempt to suppress wages. tile and garment workers represented by trade un- ions are paid:- There is no justification for the government to fur- ther delay the passing of minimum wage legisla- • Kangar, – RM366 tion to be applicable to all workers. By enforcing a • Kluang – RM353 decent minimum wage, the government will be able • Labis, Segamat, to attract more Malaysian workers and reduce the Tangkak, Jementah – RM332 dependency on foreign labour. • Bahru – RM286 to RM450 • Bayan Lepas FTZ The MTUC’s proposal for • Prai FTZ – RM364 to RM426 a minimum wage of RM900

Collective agreements in the Non-Metallic Mineral Although the RM900 minimum monthly wage was Products Industry have established minimum wages based on a study carried out on the cost of living in between RM400 and RM550 per month. Even in early 2000, the MTUC General Council decided to Johore Bahru, where the cost of living is extremely maintain the proposal. high, industrial workers are paid as low as RM390 while the wages of better-paid workers do not ex- Currently, the Employment Act, which sets mini- ceed RM600. Even five-star-rated hotels in Kuala mum conditions on annual leave, sick leave, public

Aliran Monthly : Vol.28(1) Page 17 holidays, working hours and a few other terms and ary 2006. Unfortunately, the majority of the employ- conditions, is silent on the basic and most essential ers in the private sector refused to consider any form issue of wages. The absence of a specific provision of relief. on wages has led to widespread exploitation. The Employment Act 1955 should be amended to stipu- Since then, the cost of daily needs, especially food late a minimum wage of RM900. items, has increased by more than 30 per cent. The government can only impose price limits on con- Minimum Living Wage trolled items. Traders fix the prices of vegetables, fish, food and other items based on their costs and Minimum wages constitute an integral and very im- profit requirement. portant element of the trade union movement’s ho- listic approach towards creating, sustaining and im- The MTUC believes that the government must have proving the quality of live of our workers. carried out a careful and in-depth study on the cost of living and its implications on wage earners be- The MTUC’s proposal is based on the essential and fore its decision to pay Cola of RM300 to public sec- basic needs of a single person: tor employees.

We do not believe that any reasonable person will There is no justification to exclude more than 8 mil- dispute a worker’s right to the most basic elements lion workers in the private sector from gaining a listed. similar benefit.. q

Government intervention is necessary to sustain the living standards of lowly paid workers. The mini- mum wage represents a basic requirement and a good way of improving the standard of living of the lowly paid and their families. The minimum wage, furthermore, is a way of protecting vulnerable work- ers who are often subjected to exploitation. It is also a means of redistributing income. Syed Shahir bin Syed Mohamud is president RM300 Cola for private of the MTUC while G Rajasekaran is secre- sector employees tary general. The above was a memorandum addressed to Prime Minister Abdullah Following the highest increase in the price of petro- Badawi which they both signed on behalf of leum products last year, the government paid out the MTUC.MTUC.the RM150 in Cola to public sector employees from Janu-

Aliran Monthly : Vol.28(1) Page 18 ELECTION 2008 Are our priorities right?

e spent a cool RM20 WWW million for a Malaysian to hitch a ride in a Russian space taxi. Our space hero is busy run- ning a sea-food restaurant.

Despite a lot of hot air about success achieved in eradicat- ing poverty, precious little is done to alleviate the sufferings of the hardcore poor. Is it because some cor- rupt scoundrels siphoned off the money, from the fund set up to help the hardcore poor? Scene at the Kapitan Keling Mosque, Penang, during the fasting month in What a long way RM20 mil- 200720072007 lion would have gone to help the poor ones depicted below.

his is the case of Zainon, 39, a widow, TTT who supported her two children by washing dishes at a restaurant until she was bedridden with AIDS. Zainon’s son, Mohd Pilus Ayub, 13, dropped out of school to take over his mother’s job at the restaurant and earns RM15 a day. So- cial Welfare Aid of RM160 cannot even meet a fraction of her medical expenses. Zainon’s mother, 70, Che Som, said, “Sometimes I even have to beg for food from our neigh- bours as we simply have nothing to eat.”

Did someone say that ours is a caring soci- ety?

- Tota

Aliran Monthly : Vol.28(1) Page 19 ELECTION 2008 Restore local council elections

ocal councils have be- come unaccountable, LLL indifferent to people’s woes, inefficient in their management and intoler- able in the way services are pro- vided. Councillors become arro- gant, abuse their powers, serve themselves, not the public, and are sometimes the source of cor- ruption.

The appointment of Councillors ignores their background and their track record of performance ment of his son and daughter- able to the people. That is also and does not take into account in-law as Councillors. part of the reason – besides the even if they were found to be re- fear of being thrashed if local calcitrant or totally discredited. Instead of being repentant for elections are held — why the BN Their positions in the BN par- the mess created in the local government will not resort to lo- ties override all the other con- councils in Selangor, Selangor cal council elections. siderations, and they can be re- Menteri Besar Datuk Seri Dr appointed – and, in some cases, Mohd Khir Toyo tried to justify Of course there would be no together with their family mem- the unjustifiable with his shock- guarantee that the people would bers – again and again even if ing statement, “Let us face it, not have any complaints they flout the law and regula- building without proper plan- against elected local councils. tions, refuse to pay their assess- ning permission is not just ram- But insofar as the councillors ments, put up buildings ille- pant in Selangor, but the whole depend on the people to be gally and operate their busi- of Malaysia”. elected they will have to perform nesses without licence. in the interest of the people. It is true, indeed. But the ques- A classic case in point was the tion is, “Is it right to perpetuate A lot of our wealth is wasted reappoinment of Zakaria, to- a wrong because it goes un- and squandered because there gether with his son and daugh- checked elsewhere? Do we want is no effective check and balance ter-in-law - all three being the rot to spread?” system in place. Unethical and prominent members of the Umno corrupt Councillors who are po- leadership in Klang – in spite of Numerous litically rewarded continue to his misdeeds. Luckily for us, complaints enjoy the confidence of the BN HRH the Sultan of Selangor in- leadership even though the tax- tervened to stop this farce. It is truly regrettable that the BN payers are simply disgusted Though Zakaria resigned be- government is not bothered with their conduct, performance cause of the mounting pressure, about improving the delivery and lack of interest for the wel- that did not stop the reappoint- system or about being account- fare of the people. q

Aliran Monthly : Vol.28(1) Page 20 ELECTION 2008 Local plans needed Penang Government should put local plans in place before allowing further development in Penang

he PGCC Campaign Group would like to TT make clear its position on the proposal to TTT develop the Turf Club land.

Before all else we would like to emphasis that, con- trary to some press reports, the opposition to this project did not come solely or even primarily from the residents of Jesselton. Most of the anger came from ordinary Penang folks, and it was widespread; bridging all racial, generational and income groups.

We are grateful that the CM has put a temporary halt to it, and without being churlish we hope it is not a mere election ploy.

Be it as it may, we wish to state in unequivocal terms that the Chief Minister, no matter how well mean- ing or how well experienced he is, is not the person to determine how the site should be developed.

The international team of experts that Dato Patrick Lim is assembling, no matter how eminent, also has no right to dictate what should be built on this lovely site.

The only group that has the sole right to make that decision is the people of Penang. The site is so big of the island and we will have far reaching conse- and prominent as a landmark that it belongs to all quences (social, cultural and traffic) for all of us for of us. Any development there will change the face generations to come.

Every pre-requisite of good democratic governance requires that the public (and not just the immediate neighbours) should be consulted. This is why local plans are required under the Town & County Plan- ning Act, which give an opportunity for every mem- ber of the public to give their views and participate in the decision-making of what the details of devel- opment in the area in question should look like. The Local Plan is an essential planning document, and it is our stand that no plan should even be consid- ered before a Local Plan is finalised.

Aliran Monthly : Vol.28(1) Page 21 and has given the assurance that he will abide by all local and international guidelines to create a sus- tainable project that will be acceptable to all, if he is genuine, and is not just making a public relations statement, he should not object to any of our pro- posals in the public interest.

In summary, our position is this:

At the same time we wish to be assured that the • There should be no development until a Local Local Plan will be done fully in the spirit of the Act; Plan is in place for the Penang Turf Club site. that the public will be consulted at all stages; that • In addition, the State Government should expe- their views will be given proper consideration; and dite Local Plans for the whole of Penang, prior to the Planning Committee will operate transparently. further developments to ensure proper and ef- fective planning. This principle of involving public participation at • The Local Plans should be done transparently every level of decision-making is further underscored with full public participation. by the commitment of the Malaysian government to • Detailed EIA including a traffic report and flood the Rio Declaration and Agenda 21 which was the risk assessment done by competent and inde- outcome of the Rio Summit in 1992. pendent consultants are required for any devel- opment in the present and future Turf Club area We will resist very strongly any attempt to develop once the local plans are finalised. the Turf Club land without a Local Plan or to sub- • We will be extremely upset by any attempt to cir- vert the planning process or the Local Plan by re- cumvent any of the above recommendations. ducing them to a series of pro forma exercises. Ahmad Bin Chik In addition, the State Government should expedite for and on behalf of the PGCC Campaign Group Local Plans for the whole of Penang, prior to further developments in the State, given experience of the • Consumers Association of Penang (CAP) PGCC and other haphazard developments which • Sahabat Alam Malaysia (SAM) are taking place. • Penang Heritage Trust (PHT) • Aliran Following the finalisation of the Local Plan, we also • Malaysian Nature Society (MNS) request the State, the Municipal Council of Penang • Suara Rakyat Malaysia (Suaram) (MPPP) and the Department of Environment (DOE) • Citizens for Public Transport (Cepat) require project proponents of any major develop- • Jesselton Heights Residents Association ments to prepare a detailed EIA, including a traffic • Residents Association of Jesselton report and a flood risk assessment. These studies • Tanjung Bungah Residents Association should be done by reputable and independent con- • Badan Warisan Malaysia sultants chosen by the MPPP and DOE (and not by • Friends of the Penang Botanic Gardens q the project proponent).

In this regard, we were outraged that the DOE in the cases of the PGCC project, had approved a prelimi- nary EIA without a consideration of the traffic study and without an opportunity for public review and consultation. The DOE ought to have insisted upon a detailed EIA, given the nature and scale of the project.

Dato Patrick Lim has in several public statements said that he wants to be a responsible developer

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Aliran Monthly : Vol.28(1) Page 23 ELECTION 2008 Is the BN’s economic model sustainable? by Anil Netto

ne of the reasons for They are looking for bailouts from dependent on exports to the holding the elections public funds. US consumer confi- United States to keep its own in- OOO well before the current dence has slumped and retail dustrial base chugging along five-year term of Parlia- sales are falling. Credit has tight- (even though, like India, it has a ment ends in May 2009 is, I be- ened. The dollar is sliding on the significant domestic market as lieve, the gloomy outlook for the weight of US$9 trillion in debt. well). As economist Walden Bello global economy which could spill There is now a severe systemic fi- notes, “talk about a process of over into the economies of this nancial crisis in the United States. “decoupling” of regional econo- region. It is no secret that the US It is the first major crisis of corpo- mies, especially the Asian eco- economy is in deep trouble. The rate globalisation along with its nomic region, from the United latest outlook is a severe recession ideology of financial liberalisa- States has been without sub- that could last at least a year or tion and deregulation. The risk of stance”. He notes that many East longer. Worse, it points to a glo- a financial meltdown is now ris- and Southeast Asian economies bal economic slowdown espe- ing. have been pulled along by the cially in Europe. “Chinese locomotive”. But China The financial turbulence has not largely imports intermediate The root of the problem can be had much impact on East Asia, goods for manufacturing and in traced to the 1980s, when US fi- including Malaysia, so far. We are turn exports finished goods to the nancial markets were fairly insulated as we are not yet United States and the EU. If con- “deregulated”. This deregulation fully integrated into the global fi- sumer demand in the United allowed greed to flourish and nancial system. Moreover, we States and the EU falters, that compensated for the slow growth have been blessed with natural could lead to a chain reaction: ex- in consumer demand and profits resources such as petroleum ports to China from the Asian ti- in the real economy. Financial in- while commodity prices are high. gers could slow down as well. stitutions introduced all sorts of In fact, Malaysia posted its 10th new and little understood finan- consecutive year of trade surplus Meanwhile, if the Malaysian cial instruments such as deriva- last year: RM101 billion, the sec- economy is growing, if commod- tives to provide easy credit, stimu- ond highest ever recorded. Our ity prices are soaring, if the trade late demand, and make a quick other major export destinations surplus is soaring, why are so buck. The gap between the finan- include Singapore, Japan and many ordinary urban Malaysians cial markets and the real economy China. Mainstream analysts say struggling to make ends meet? widened. we are sufficiently “decoupled” Why are food prices rising? Why from the United States and that we is the gap between the rich and Easy, cheap credit spawned a can rely on our exports to these the poor so wide? Is the BN’s housing bubble, which has finally other markets and high commod- model of economic development burst, resulting in a housing re- ity prices to take up the slack in and growth itself widening the cession. House-owners, many of US demand. gap? whom should not have qualified to receive adjustable interest But as the global recession We should examine what impact mortages in the first place, are de- spreads, that could change. Al- the BN’s adoption of neoliberal faulting on their (sub-prime) mort- ready, there was a 14.5 per cent policies and the corporatisation of gage payments. Financial institu- drop in exports to the United agriculture has had. These poli- tions that profited from the flood States last year, which usually cies include tax cuts for the rich, of cheap credit and then absorbs a fifth of Malaysian ex- cuts in government social spend- repackaged mortgages into exotic ports. China, whose huge exter- ing (to compensate for the tax financial instruments - and bond nal reserves are keeping the US insurers are now in dire straights. financial system afloat, is heavily Continued on page 28

Aliran Monthly : Vol.28(1) Page 24 ELECTION 2008 Improve the public healthcare system

e, the participants of the Forum on the pro- tors and other paramedical staff. WWW posed National Health Financing Scheme WW held in University Malaya on 25 March 4. The Essential Health Benefits Package must be 2007, call for: comprehensive and include all the modalities of treatment that are currently available at our pub- 1 . the government to live up to its responsibility of lic hospitals. ensuring that all citizens and other residents of 5. A team of independent stakeholders should be Malaysia have equitable access to safe, adequate set up to evaluate the cost effectiveness of the and quality health care. No one must be denied existing privatisation exercises involving the proper care because of lack of means. public health care sector. The findings of this team should be made available to the Malaysian pub- 2. the government health budget to be increased to lic so that we can make an informed decision 4 per cent of GDP. Currently, it is at a mere 2.8 whether we wish to have any further privatisa- per cent. This increase should come from gen- tion of the health care services in this country. eral taxation as well as from Petronas revenue. There should not be any GST or special payroll 6. Until such time the above study is released to the taxes to supplement the health care budget as public, there must be a strict moratorium on all such taxes are not appropriate given the deterio- further privatiaation and/or “outsourcing” of ration in the Malaysian Gini Coefficient. components of the public health care sector.

3. The public health care system must be strength- 7. A national health care financing oversight com- ened as it is both cost-effective and equitably dis- mittee must be set up to ensure that the funds tributed. The measures that the Government allocated to health care are properly utilised. Ad- should implement to achieve this are equate funds should be made available for this a) Set up a separate Service Commission for committee to perform its watchdog function ef- Health Care Personnel so that their remunera- fectively. The Suhakam model of staffing and tion can be improved. funding can be considered, but at least 50 per b) Allocate a larger budget to offset co-payments cent of the members of this committee should be that are now being borne by patients, the de- elected by the public. It should be mandatory that gree of subsidy depending on the economic Parliament allocates time to debate the annual status of the patient. report of this committee. c) Freeze the development of private hospitals – Do not permit the setting up of any more new 8. The health status of the 2 million foreign work- private hospitals and control the expansion ers in Malaysia should be of concern to us all. of the existing hospitals. The government must reverse the current policy d) Do not promote health tourism at the cost of of charging these patients higher rates when they public health care. The main focus of our come to government health care facilities, as this health care sector should be to cater to the will lead to delays in diagnosis and treatment. A health care needs of our population, and not portion of the RM2 billion levy collected from to bring in foreign exchange. foreign workers should be channelled to the pub- e) Implement schemes whereby the expertise in lic health care sector, and foreign workers should the private sector is drawn to teach young doc- be charged no more than our citizens. q

Aliran Monthly : Vol.28(1) Page 25 ELECTION 2008 Cyber activism, the new frontier The People’s Parliament shows how Malaysians use digital technology to advance cyber advocacy and activism by Helen Ang

he People’s Parliament TT has an amazing reach TTT for a socio-political net- work that is barely one year old. On 21 January 2008, this blog carried a post titled ‘Drama minggu ini dipersembahkan oleh MIC’. The post was rated No. 3 worldwide in the Wordpress aggregator; at No. 1 was ‘Obama: I feel like I’m running against both Clintons’ in CNN Political Ticker and No. 2 ‘Clinton Camp: Obama’s sour grapes’ in FOX Embeds.

‘Blogs of the Day’ is a worldwide ranking of blogs in all languages. It was a major achievement for the moment, among them, the institutions we’re boycotting http://harismibrahim.wordpress.com ‘People’s Declaration’ on aspira- what’s in the works? No, we don’t to come in third globally behind tions for better governance, and think so. We were merely being the CNN Politics.com and FOX ‘Get an MP’ to empower constitu- transparent. News.com websites that day. ents in selecting Parliamentary candidates. Earlier, the People’s The mainstream media (MSM), As the URL indicates, People’s Parliament submitted its ‘Save the perhaps naturally, would not care Parliament is really a blog. Judiciary’ petition to the Yang to lend coverage to an effort aimed Though the address technically diPertuan Agong. at curbing their circulation and belongs to civil rights lawyer revenue. In any event, they gave Haris Mohd Ibrahim, the People’s A programme I am actively in- us the sort of negative publicity Parliament, is however really a volved in is ‘Boycott the Newspa- bestowed on banned books, i.e. not participative project. pers!’ The People’s Parliament revealing content but nonetheless held a press conference on 28 conveying the government view “Boycott the January 2008 to tell the media we that the book is 'unsuitable'. newspapers!” are calling on Malaysians not to buy newspapers every Tuesday. By casting aspersions on our ‘Boy- It has several initiatives going at Was it ironic that we told the very cott the Newspapers!’ campaign

Aliran Monthly : Vol.28(1) Page 26 obliquely in their columns and tion-building. downplayed the Bersih rally of 10 editorials, they’re inadvertently November 2007. I seconded the saying something in the subtext. Essentially, it is a conduit for the motion in my Malaysiakini column If we are worth their op-ed atten- rakyat’s voice to be heard, and any on 29 November. I had been tion, albeit though not as straight Netizen can take part. Where Peo- cheesed off by how the MSM news, it means they believe we ple’s Parliament takes the plat- demonised the Hindraf rally on will have an impact. form to the next step – from talk- 25 November. Therefore ‘Boycott’ ing to doing – is allowing this con- is also very much on the momen- Ground-breaking gregation to speak as a collective tum of People Power. cyber advocacy and to lobby with the aim of bring- ing about change. The Hartal In between the proposal’s genesis And so they should because cyber MSM committee managing ‘Boy- and our first salvo fired in activism is a groundbreaking con- cott the Newspapers!’ is one ex- Malaysiakini, People’s Parliament cept. In Malaysia, cyberspace is ample. carried a lively discussion by the brave new world which our commentators whose input had a repressive authorities have yet to In the main, we don’t buy news- positive bearing on the direction choke , when they’ve already sunk papers not only on Paper-Free of Hartal. On 21 December 2007, their claws into media ownership. Tuesday but every day of the week. Haris started the ‘Boycott the The People’s Parliament may be In my opinion, the morning pa- Newspapers!’ series both as a the country’s first experiment in per is a mere habit. In Malaysia, it continuing media education proc- pushing this frontier. is an unhealthy habit which ess and “to sever the jugular vein should be broken. Why this is so of the government’s falsehood fac- In our literature, we have de- requires no explanation for this tory”. scribed ourselves as “cyber advo- magazine’s readership: the Aliran cacy”. The nerve centre is online Media Monitor’s Diary has done Spirit of volunteerism (what other channels do a conscientious job over the years Malaysians have besides taking in exposing the spin and skew But the time lag i reflects the short- to the streets?) and it was con- practised by the MSM, and their comings of our fledging outfit. vened by Haris on 14 April 2007. adverse consequences on the Hartal MSM is doing this pro bono, He is site administrator and mod- reading public. on our own time at our own ex- erator on the public discourse but pense. Volunteerism is the spirit all commentators are The idea of a boycott is not new moving People’s Parliament. stakeholders who shape the but one whose time has come agenda. Therefore, the People’s thanks largely to the emergence of It is no accident that half of the Parliament can be said to be a New Media. There had been Hartal committee of eight are grassroots movement. voices in cyberspace declaring bloggers – Haris, Bernard Khoo that newspapers are not worth who pens the popular ‘Zorro Un- NGOs bring together people dedi- reading and encouraging fellow masked’, Sharifuddin Abdul cated to a common cause; Aliran, citizens to follow suit. What Peo- Latiff (‘Old Blue Eyes’ or OBE) and for instance, is a social reform or- ple’s Parliament did was to enable Capt. Yusof Ahmad (‘The Ancient ganisation with its office in disparate voices to coalesce into a Mariner’). Penang. The People’s Parliament cohesive structure and take the is not a registered society. It merely message to the national level. It is also blogosphere that has allows for a virtual meeting place shown support for ‘Boycott’ and of minds that straddles the cyber The ‘Boycott’ motion was pro- spread the word. We thank world and actual ground. Bank- posed by Haris when he asked in Ahirudin Atan a.ka. Rocky who ing on ICT, the movement bands a 14 November 2007 People’s Par- is pro-tem president of the Na- pressure groups formed by di- liament post: ‘Do we, the people, tional Alliance of Bloggers, Jeff verse individuals living in differ- have it in us to bring the falsehood Ooi, All-Blogs’ pro-tem deputy ent geographical locations who mongers to their knees?’ He had president, the highly influential connect online to engage in na- been cheesed off by how the MSM Raja Petra Kamarudin, Anil Netto,

Aliran Monthly : Vol.28(1) Page 27 Continued from page 24

cuts), privatisation to cronies, and promoting labour “flexibility” (a euphemism for undermining la- bour rights). Isn’t it true that such policies have concentrated wealth in the hands of a few while wid- ening the gap between the rich and the poor?

Should we proceed with further financial liberalisation (with the US-Malaysia FTA, negotiations for which are still under way in secret) given the obvious mess cre- ated by such “deregulation” or lack of independent regulatory Lulu and many others. ers to persuade them to be supervision. more responsible corporate Are regional economic corridors – The youngest member of Hartal, citizens, and to choose the me- the result of top-down economic Nanda Kumar, is a ‘citizen jour- dium of their product market- planning by government-linked nalist’ – he has his day job in an ing more judiciously. companies who are also thinking entirely different field – who re- of their own interests – the way to ported on the MIC drama enacted Finally, what is novel is how go? Will the fruit of the economic at the Cheras badminton stadium cyberspace (along with digital growth from these corridors end up mentioned in my introduction. technology) has become the with the huge corporations leaving Hartal’s racial composition is avenue for civil society expres- the crumbs for the people? evenly balanced, auguring well sion, engendering a previously Shouldn’t we be considering alter- for the creation of a concerned unmatched fluidity in commu- native, broad-based economic poli- cies that would really improve the Bangsa Malaysia online commu- nication. The Net’s innovative lot of the poor from the bottom-up. nity. nature is such that we have bright sparks contributing out- For a start, we must introduce a It is this urgent need to take our of-the-box thinking in People’s minimum wage that would stimu- country back that has prompted Parliament. It is this dyna- late domestic demand, reduce regular Joes, who are not into poli- mism of the human mind and poverty and keep the local ticking but are political nonethe- human will that poses the economy purring. We must pro- less (in an all-encompassing ‘so- challenge to Malaysia’s en- tect labour – Malaysian and mi- cial responsibility’ sense of the trenched status quo. grant workers - from being ex- word), to commit to activism ... for ploited by capital. We must train, many of us, our first foray. Read ‘Boycott the Newspapers!’ upgrade and empower our work- ers. We must invest in public at http://www.petitiononline.com/ health care, education and afford- Some of the most memorable hartal/petition.html. Please help us able housing. moments in our 28 January get the numbers so that we have 2008 press conference ben- more leverage for lobbying. q Finally, is our current model of eco- efited from committee member nomic development sustainable in Chew Hon Keong’s career ex- the long-run? What will happen perience and expertise as a when our oil wells dry up? What former general manager. He Helen Ang is an online me- has been the environmental cost? will be instrumental in putting dia columnist and cyber These are issues that our political across Stage 2 of ‘Boycott’ activist.activist.activist. parties – both the BN and the Op- when we outreach to advertis- position - must address. q

Aliran Monthly : Vol.28(1) Page 28 ELECTION 2008 Abolish the ISA ISA detainees’ families are hurting and suffering by Syed Ibrahim Syed Nor

he Abolish ISA Move- ment (Gerakan TTT Mansuhkan ISA or GMI) is shocked to read a parliamentary written reply is- sued by the Prime Minister in his capacity as Internal Security Min- ister as reported in the media on 21 Nov 2007.

In replying to Ismail Noh, the PAS MP for Pasir Mas, on the current number of ISA detainees and the welfare of those detained and their families, Abdullah Ahmad Badawi said that there were 74 people detained under the Inter- nal Security Act (ISA) at Kamunting Detention Camp as at 29 August 2007. Many are de- This is yet another lie by the gov- laws to deal with smuggling, fal- tained for their involvement in ernment following the statement sifying documents, etc. Why fall Jemaah Islamiah (JI) and Darul made by Bernard Dompok, Min- back to such a draconian law as Islam. (Some) are being detained ister in the Prime Minister’s De- the ISA? for smuggling illegal immigrants, partment exactly a month ago. falsifying documents and pass- (GMI issued a statement on this Secondly, again there are con- ports and counterfeiting RM1 on 22 Oct 2007). flicting statements on the exist- coins, he said. ence of JI in Malaysia. The IGP GMI feels that this statement was in a media report on 10 June 2007 He further replied, “Even though issued either out of abysmal igno- was quoted as saying that there strict action is taken against those rance of the reality of the situation is no JI movement in Malaysia. who threaten our nation’s secu- or as a conspicuous action to Yet, here in the PM’s reply, it is rity, the government is definitely cloud the truth. Either way, it is reported that many detainees concerned with the welfare of deplorable especially when it is were detained for their involve- those detained and their families. issued in the respectable parlia- ment in JI. The detainees can apply for finan- mentary assembly. cial aid through the detention cen- Thirdly, let us look at how con- tre warden. Their family will be First of all, the reasons given for cerned the government is about the awarded RM200 after the welfare detention under ISA could have welfare of the detainees and their department approves the applica- been dealt with under the current families based on some of the fol- tion.” Penal Codes. There are enough lowing realities:

Aliran Monthly : Vol.28(1) Page 29 • A detainee’s son suffered seri- for a month, a year or for the whole ous mental disorder and was detention period. Whatever the admitted into HUKM psychi- case, it is far from enough to sus- atric ward for further treatment tain even an average family. in 2004. It was confirmed by the Doctor in charge that one GMI believes that the solution is major cause of the illness was not just by providing welfare or prolonged separation from his moral support to the families. The father (GMI’s statement dated solution for the wives and fami- 30 Sept 2004). No initiatives — lies is to be reunited with their such as welfare assistance or ganizations as well as con- husbands. The detainees should counselling — were provided cerned citizens. be brought to court for trial; other- by the government. wise, they should be released to These are just examples of the their families. • Detainees went bankrupt as many difficulties faced by the fami- they lost their business and lies but they suffice to prove the GMI calls on the Prime Minister jobs, and thus could not serv- Prime Minister and his adminis- and his ministry (Internal Affairs ice their business and bank tration’s incapability in provid- Ministry) to report the facts and loans. Houses had to be put up ing welfare assistance, moral nature of the conditions of the de- for auction when other family support or counselling as claimed tainees and their families. The fact members were not able to sup- by the PM in his parliamentary of the matter is that the people will port. Wives and families had written reply. now question whether the Prime to bear the burden of surviv- Minister in his capacity as the In- ing by selling recycled prod- GMI strongly views the statement ternal Security Minister is fully ucts, nasi campur or soya drinks as conflicting when GMI has re- aware of the situation of the most at night market stalls, and sell- ported time and again how the feared and abused law in the land, ing cakes during Hari Raya. Special Branch (SB) officers har- that is the ISA. Some of the wives suffered assed the wives and families. In a health problems such as back GMI statement on 12 August GMI strongly urges the Govern- pains due to additional bur- 2005, 32 items were listed as har- ment to respect the right to trial den and responsibilities. assment and mental pressure by and calls for the abolition of the the SB on the wives and families ISA and all forms of detention • One such case reported by of detainees. These include receiv- without trial; charge all detainees GMI was the desperate act of a ing vulgar SMS and harassing in an open court or else release detainee’s wife to support her- calls in the middle of the night, them immediately and uncondi- self and her one-year-old by being trailed by SBs, cars broken tionally. “Emergency” laws in working in a night club. She, a into, and constant threats by SBs Malaysia disregard human rights Muslim, began to drink and re- if they continued to fight for their and violate the safeguards en- portedly took up drugs. (GMI’s husbands’ freedom. Are these not shrined in the Federal Constitu- memorandum to Suhakam and anti-welfare and anti-moral? tion and international human statement dated 21 May 2007). rights law. On the so called financial aid • Several of the detainees’ chil- mentioned, GMI is astonished as Abolish ISA! Release all ISA de- dren had to stop going to to how such information is for the tainees! Close down Kamunting school for a while due to first time being mentioned and Detention Camp! q trauma and inability to pay heard of by the detainees and school fees and buy books. No families in a formal manner. Yes, welfare assistance or moral the process is there, but the PM Syed Ibrahim Syed Noh is support was provided by the failed to mention the selectiveness the chairman of the Abol- government except that given of the aid, the time taken to ap- ish ISA Movement by the GMI and its coalition or- prove it, and whether RM200 is

Aliran Monthly : Vol.28(1) Page 30 JUDICIARY Save the judiciary now - Part I We have a new trend now: influential judges, public officers and police officers have, on retirement, been seeking appointment with powerful corporations by Mohd Ali

llahyarrham Tun Dr Mohd Suffian in his are established for their appointment, promotion AA book ‘Introduction to the Constitution of Ma- and discipline.” AAA laysia’ (1976, page 129) wrote: The abolition of this Commission has resulted in “Judicial and Legal Service Commission the current messy situation in which Malaysia is in today. In my view, the Commission should be re- This Commission has jurisdiction over all mem- established so that it will be responsible for the ap- bers of the Judicial and Legal Services. pointment, promotion and discipline of Judges and oth- ers. This Commission will have jurisdiction over all The Commission consists of: members of the Judicial and Legal Services as was the 1 . the chairman of the Public Service Commis- situation in 1957. sion as chairman. 2. the Attorney-General Prime Ministers of Malaysia 3. one or more other members appointed by the Yang di-Pertuan Agong, after consulting with Malaysia was fortunate since Independence in that the Lord President (now Chief Justice) from we had three Prime Ministers who were all learned among persons who are or have been a judge in the law; they knew the Rule of Law, Constitu- of the Federal Court or a High Court or before tional Law and Justice - they had respect for them; Malaysia Day if … Today (i.e.1978) five judges whereas the fourth Prime Minister was a medically are members. qualified man who had little to do with law, justice and the rule of law. In Mahathir’s own words: The Judicial and Legal Serv- “Hang the Judges and the Lawyers!” That was his ice Commission was first es- motto. tablished in 1957 but was abolished in 1960. In its From this, we can deduce the type of man Mahathir original form, it consisted of is. Therefore, the darkest period in Malaysian judi- the Chief Justice as chair- cial and legal history was between 1981 and 2003 man, the Attorney-General, during which time Malaysians suffered very heavy the senior puisne judge, the blows from the Law and Justice point of view. deputy chairman of the PSC Mahathir had no knowledge of the law – its depth and one or more other persons, appointed by the and width; he went on his own path and destroyed Yang di Pertuan Agong, after consultation with the Rule of Law and the Judiciary in Malaysia. the Chief Justice from among judges or former judges of the Supreme Court. The Judiciary – the Original Articles 121–131 of the Federal Constitution To ensure the impartial and fair treatment of members of the public service, the commissions 1 . Articles 121–131 deal with the Judiciary and its

Aliran Monthly : Vol.28(1) Page 31 powers. I reproduce below the original version Lord President of Malaysia and a Tun. The Judges i.e. the 1957 version of Articles 121-131 The cur- are successors to a strong tradition of impartial- rent Articles have been heavily amended, deleted ity, incorruptibility, efficiency, independence and or mutilated. intellectual ability. These are testing standards.

2. Due to his ignorance of the Law, Mahathir has Judicial independence and integrity are all too been amending the Federal Constitution to suit often taken for granted. There are times when we the whims and fancies of his party. The Federal – who are the successors to the constitutional Constitution has been amended 50 times in the settlement which protected the judges of England last 50 momentous years, out of which 12 amend- – assumed that we were immune from the real ments were relating to Articles 121-131 of the threat. We thought that challenge to independ- judiciary. ence of the Judiciary were confined to other less happy lands; heirs to other cultural and legal Judicial power institutions…

Broadly defined, ‘Judicial Power’ is ‘the power The need for courageous judges of principle which every sovereign authority must of neces- sity have to decide controversies between its sub- We should not really be surprised when such jects or between itself and its subjects’ see Huddart challenges come. Even within the British tradi- Parker Pty Ltd v Moorehead (1908-1909) 8 CLR. In tion, judges of earlier times had to take risks in Malaysia, prior to amendments, Article 121 of upholding the Rule of Law and their Independ- the Federal Constitution read: ence. In the days of the autocratic monarchs, up to the Stuarts (and of the coterie of advisors up to ‘Subject to clause (2) the judicial power of the Federa- the Stuarts), the will of the sovereign frequently tion shall be vested in two High Courts of co-ordinate overbore the judges who were simply seen as part jurisdiction and status … and such inferior courts as of the sovereign’s bureaucracy. When Sir Edward may be provided by the federal law’. Coke asserted before James that the King was un- der God and the Law, it is noteworthy that he The amended Article 121 (1) now reads: did so trembling in his knees. In those times such a bold notion indeed.” There shall be two High Courts of co-ordinate juris- diction and status … and such inferior courts as may Judicial review be provided by the federal law; and the High Courts and inferior courts shall have such jurisdiction and This is the most important legal weapon in the hands powers as may be conferred by federal law. of the Judges to rectify the mistakes committed by the Executive. This power has been taken away from In his Foreword to the Book the Judges. It should be re-instated. Nowadays, many ‘May Day for Justice’ the Rt Acts contains a provision which forbids the matter Hon’ble Justice Michael Kirby being inquired into by a court of law. A member of CMG (Commissioner of the In- the ruling party, that is the Minister, is empowered ternational Commission of Ju- to prevent the matter being brought to the Court’s rists and President of the review. It is wrong in Justice. In most of the Com- Court of Appeal of New South monwealth countries, this is not permissible. Wales) wrote: Justice Mahadev Shanker has stated his views re- “Strong tradition – high standards” cently in Aliran Monthly, Vol 27 (9), pages 28-29 as follows: The Malaysian judiciary is the proud inheritor of the mantle of eight centuries of British justice. “Why the immunity for Ministers? This fact was symbolised on Malaysia Day, when Sir James Thomson, Chief Justice, became the first Our Constitution contains an article that the pre-

Aliran Monthly : Vol.28(1) Page 32 rogative powers of our A written confession Rulers are sacrosanct. All these complaints were reported by the That law was amended Commons to the Lords, together with support- so that our Sovereigns ing evidence. The Lords appointed a Select can be sued in the Con- Committee of their House who examined wit- stitutional Court. nesses. They formulated 28 separate Articles of Charge against the Lord Chancellor, each I find it very hard to rec- charging a separate bribery and corruption. oncile myself to the nu- The Lords invited the Lord Chancellor to ap- merous statutes which pear before them to answer the charge. But he now provide that the “the decision of the Minis- never appeared. He said he was sick. He ter shall not be questioned in a Court of Law”. wanted to take exception to the witnesses, and The ISA is only one of them. You can find similar so forth. But at length on Monday, 30 April provisions in the Industrial Relations Act and, 1620, he sent this written confession: of late, even in the Private Health Care Facilities and Service Act 1998, (Act 586) which came into ‘To the right honourable the Lords Spiritual and force on May 31 2006. Temporal, in the High Court of Parliament as- sembled: Has the immunity – or the impunity – thus con- ferred led us astray, especially when some Judges The humble Confession and Submission of Me the seem to have been contaminated with the same Lord Chancellor. syndrome? The views I have expressed here … are my own and I take personal responsibility Upon advised consideration of the Charge, de- for them.” scending into my own conscience, and calling my memory to account so far as I am able, I do Corruption in the Judiciary plainly and ingenuously confess, that I am guilty - United Kingdom of Corruption, and do renounce all Defences, and put myself upon the grace and mercy of your lord- Lord Alfred Denning in his ships…’ book ‘ Landmarks in the Law’ (Butterworth, 1984, pg v. Latimer’s condemnation 46) wrote: Long before Bacon’s time, judges had been tak- “4. A Committee of In- ing bribes. Seventy years before, it had been con- quiryquiryquiry demned by the brave old Bishop Hugh Latimer:

Charged with corruption ‘They all love bribes. Bribery is a princely kind Those two complaints led of thieving. They will be waged by the rich, the House of Commons to set up a committee to either to give sentence against the poor, or to inquire into abuse in the Court of Justice. They put off the poor man’s cause. This is the noble made a report on 15 March 1620: thief of princes and magistrates. They are the bribe-takers. Nowadays they call them by their 1 . The Persons against whom it is alleged, is no name - bribes.- 1 (1620) State Trials p 1114.’” less than the Lord Chancellor. (Francis Lord Verulam, Viscount St Albans], a man who en- Malaysian Judiciary dured with all parts, both of nature and art as that I will say no more of him; being not able to Not a day passes when the rakyat don’t read in the say enough. mass media that the judiciary is corrupt, the police 2. The Matter alleged is Corruption. are corrupt, the customs officers are corrupt, the JPJ 3. The Persons by whom this is presented to us, is corrupt and, in fact, that almost all strata of the are two viz. Awbrey and Egerton… Public Service is corrupt!

Aliran Monthly : Vol.28(1) Page 33 Judges and other public servants seeking appointment after retirement

We have a new trend now in that for the past 10 years, influential judges, public officers and police officers have, on retirement, been seeking appoint- ment with powerful corporations. These public of- ficers are still receiving their government pensions. If they wanted to, they could carry out some social work or even act as legal consultants as some judges are doing; that is acceptable. But it is unethical for them to accept appointments with powerful corpo- rations who have business links with government. There are number of ongoing cases e.g. the former he told IPS on the sidelines of the inquiry that is IGP is now Advisor to Genting Group, and a number being held at the Court Complex. of former judges, including Eusoff Chin, are direc- ‘Anwar has done a superb job in forcing the gov- tors in leading corporations. ernment to hold the inquiry,’ he said. ‘What we are concerned now is for the inquiry to lead to a This is a very dangerous trend and should be stopped major cleanup of the judiciary.’ by enacting a law prohibiting Judges from becom- ing directors or consultants with corporations. This Shocking details the public has heard since the can lead to corruption because the judges who re- clip surfaced include lawyers sending bags, pre- tire still have connections with their former subor- sumably filled with cash, to judges’ homes in the dinates whom they can influence for the Corpora- dead of the night. Other presents included ex- tion. It is rumoured that these former public serv- pensive hand phones for judges and expensive ants are getting salaries ranging from $30,000 to handbags for their wives. In one case a lawyer $50,000 a month while the ordinary workers are ask- involved in a case actually wrote the judgment ing for a monthly minimum wage of $900 - which for a judge, indicating how close their relation- the government has not fixed yet. ship was and the total lack of respect, judicial integrity and independence. Quote from Inter Press Service “““ Hearing exposes Mahathir, Like Eusoff Chin, Mahathir also frequently an- his corrupt times (22 January 2008)”::: swered “could not remember” to many questions aimed at discovering the business-politician- “Lawyers have long demanded an overhaul, say- judges nexus that lawyers say has tarnished the ing the judiciary was deeply corrupt and under country’s once famed and respected judiciary. the thumbs of well-connected businessmen and politicians. But their efforts were fruitless until For Mahathir, who never had to face a parlia- the clip [Lingam video clip] turned up, giving mentary select committee or a public inquiry in them the hard evidence they had long sought. his 22 years (1981-2003) as head of the govern- ment, last week’s questioning was a let down. ‘The outcome of the inquiry aside, the probe is Public anger rose at Mahathir’s stock ‘I don’t giving Malaysians a rare glimpse into the sinis- know, I can’t remember’ replies to the questions. ter aspects of the government at the very highest At one point, asked why he dropped some judges levels,’ said human rights lawyer Sivarasah recommended for promotion by the then Chief Rasiah, who was the first to view the secretly Justice who was highly respected by his peers, shot clip along with an aide to Anwar. Mahathir said: ‘I don’t have to answer.’”

‘The revelations are truly shocking and show He misused the rakyat’s money but need not an- how deeply tainted our judiciary has become,’ swer. But he has to answer to Allah for his misdeeds.q

This is the first of a 2-part article on the Judiciary.

Aliran Monthly : Vol.28(1) Page 34 Indian community”, I corrected the try and gives away ang pows of all distortion at once. What I had said sorts in the guise of Chinese New was that “among professionals Year presents. there are many Malaysians of In- dian origin who are lawyers and It is surprising our Judges don't doctors”. My correction appeared seem to notice this matter. The in the Utusan of 30 November. CPC is very clear. If any judge sees or hears, he must take steps to or- It is because I am totally opposed der investigation. to distortions and the unscrupu- Letters must not exceed 250 lous dissemination of half-truths But once, to my shock and sur- prise, I heard a Judge saying at a words and must include the that I alluded to the manner in which the Hindu temple demoli- gathering that ‘we are govern- writer's name and address. tion incident in Shah Alam was ment servants’. See the mental- Pseudonyms may be used. Send propagandised by some Hindraf ity? He is not a government serv- letters or emails to Editor (see elements. It is utterly disingenu- ant but a public servant - paid page 3 for address details). ous of Jessy to suggest that I jus- from public coffers. Views expressed need not reflect tify such demolitions. In fact, for those of Aliran. If e-mailing, almost three decades I have on Hamid include message in the e-mail various occasions written and body itself. spoken about the importance of Being a wife and protecting all places of worship mother is an honour and, in 2003, initiated a global Do not generalise... campaign on this theme. An article on your website and distort prompted me to respond. I am Chandra Muzaffar sorry, I do not see what is so bad I refer to the letter, ‘Hindraf issues: Kuala Lumpur about caring for children and Solve the problem and not shoot keeping the house. If the wife does the messenger’ in Aliran Monthly, Bribing voters not work, who is she to expect the Vol.27 No. 10 by Ajit Singh Jessy. husband, who works an eight- I noted with regret the PM’ s an- hour day, to come home and help My purpose in elucidating the nouncement of Holiday for her with the chores? If he works, actual situation of the Indian com- ‘Thaipusam’. It is a political trick and she doesn’t, then it’s her job munity in the country in my arti- that amounts to bribery. to do all that. cle in a Malaysian newspaper was to show that it is wrong to Do you observe that the Ministers Women are nurturing by nature, lament “the marginalisation of the have to go around contributing and there is nothing wrong with entire Indian community”. The money for all sorts of things? Ac- that. Calling someone a wife and Indian poor, it is true, are tually, they are bribing the voters a mother is an honour, not an in- marginalised, just as the poor in in advance. I am sorry to say that sult, and it does not cause vio- the other communities are. At the many people are gullible enough lence. Just because someone is same time one must be honest to believe that the BN government called a decision-maker, doesn’t enough to acknowledge Indian cares for them. They could not care mean that they will abuse their representation in the middle ech- less. All they want is the people’s wives. Men and women are dif- elons of the economy and its role votes for the BN. ferent, and have always been. If a in politics and culture. woman wants to work, however, A law should be enacted that three then they should share house- Simplistic, superficial generalisa- months before the General Election, keeping chores, of course. tions exacerbate the ethnic situa- the ruling party should not go tion. This is why when the Utusan around the country and give away But giving up your job is not a sign Malaysia of 28 November 2007 ang pows - this is actually bribing of inferiority or submission. It’s a twisted my answer to a reporter’s the voters. We give you ang pows sign of love for your family. Of question by alleging that I had said and you vote for BN. This is the course, feminists have no idea that “the professional group in the message. Samy has already started what it really is, sorry to say. country including lawyers and repairing roads and pot-holes. The doctors is still monopolised by the MCA chief goes around the coun- Sakinah Abdullah

Aliran Monthly : Vol.28(1) Page 35 HOW WILL KEADILAN FARE? Continued from page 40 the party did well in about 40 seats that are of this racial mix in Peninsula Malaysia which has 166 parliamentary seats.

Multi-racial agenda

PKR’s de facto leader has worked hard to give the party a multi-racial agenda - though in fielding Saifuddin Nasution in the Lunas state by- election in in November 2000 and Khalid Ibrahim in the Ijok state by-election in Selangor in April 2007, the party had pre- ferred a Malay candidate in seats Kadazans. aster which played itself out not held by Indian Barisan Nasional just on the web but also in satel- representatives. Anwar has projected himself and lite television news channels that PKR as the avenue for the salva- have a wide following in the re- Though these decisions weak- tion of all Malaysians who feel gion and on the Asian continent. ened the party’s claims to multi- that the ruling Umno-dominated racialism, it was felt that it had BN is incapable of regeneration The beneficiaries in both in- to use Malay candidates in its and is, after a 50-year run at the stances were the opposition par- initial forays for the Malay vote helm, in a slow death dance that ties, with PKR, the DAP and Pas because they stood a greater is likely to expire at the next round gaining to varying extents from chance of victory in what is con- of internecine feuding within the the way they positioned them- sidered a transitional phase in dominant party. In other words, selves in regard to calls for elec- PKR’s attempted transformation the BN is subsisting by the mo- toral reforms and in respect of the of the Malaysian political land- mentum of its past successes desperate pleas of Indian scape. Show that you can win rather than by mastery of its Malaysians for urgent attention to the Malay vote first with Malay present challenges. their socio-economic plight. candidates; then unveil the par- ty’s non-Malay line-up for all This was demonstrated in the way races to support. the government responded to the mass gathering electoral reform This strategy has been on track for group Bersih organised last No- some time. The upcoming general vember 10 and the one the Hindu election is expected to put it to its Rights Action Force (Hindraf) most exacting test of the party’s called on 25 November 2007. In nine-year existence. PKR enthusi- both instances, the government, asts hold that Anwar has suc- stunned by the size of the gather- ceeded in giving his agenda of re- ings, reacted as if it faced a dag- form a multi-racial appeal that ger aimed at its heart rather than has tapped into wells of discon- a thorn in its flesh. tent among left-out Malays, have- not Chinese, marginalised Indi- By its overreaction, it managed to ans, native customary rights- transform a potential embarrass- threatened Dayaks, and dirt-poor ment into a public relations dis-

Aliran Monthly : Vol.28(1) Page 36 Anwar’s manoeuvring on the lat- ter issue is reckoned to have gone a long way in gaining Indian sup- port for PKR. Indians have always voted solidly for the BN but are expected to desert the coalition in favour of the opposition in what, if it eventuates, would be an as- tonishing turnaround.

Anwar has been a crowd puller, especially after he released last September a video of a senior law- yer apparently brokering judicial appointments. When a royal com- mission sat from mid-January this loss - which has come to stand as the non-Malays to stay with the year to inquire into the imbroglio, an index of the acceptance and BN while large numbers of the testimony of key witnesses suitability for national leadership, Malays, angered at Anwar’s mis- and the commission’s refusal to or otherwise, of the person who treatment, voted for Pas and PKR. call Anwar to testify made the lat- happens to be president of Umno, The BN, helped by non-Malay ter an even more compelling who doubles as Prime Minister of voters, emerged with its two- crowd puller on the hustings. Malaysia. thirds’ majority intact.

Keadilan The first time was in the 1990 elec- The 11th general election in should do well tions, when Umno splinter, the March 2004 was new Prime Min- Tengku Razaleigh-led Semangat ister Abdullah Badawi’s debut The expected outcome: PKR 46, was joined by Parti Bersatu election. Viewed as a refreshing should do well in the polls be- (PBS) in a late defection change from his autocratic pred- cause its leader, on the cusp of from the BN stable . But then Prime ecessor Dr Mahathir, Abdullah prime ministerial power, was a Minister Dr Mahathir Mohamed swept on a new broom platform victim of a conspiracy in 1998 cynically exploited Malay voters’ to a record 63.8% of the popular aimed at removing him from the fears of a Christian resurgence in vote. PKR was almost buried in political arena. This perception - Sabah to stall their defection to the the Abdullah avalanche, barely combined with Prime Minister opposition Gagasan Rakyat coa- holding on to Anwar’s bastion of Abdullah Badawi’s inability to lition of Semangat 46, Pas, Demo- Permatang Pauh, occupied by make headway against corrup- cratic Action Party and PBS. wife Azizah. tion, reform the police and civil service, reduce crime and keep The second time the BN’s two- Four years on, Harold Wilson’s prices in check – has made third dominance of Parliament observation of time and tides’ cen- Malaysian voters aware as never was endangered was at the 10th trifugal effect on political fortunes before that a strong opposition in general election in November is a stark reminder of the transient Parliament is necessary. 1999. The defection of Anwar loy- nature of political fortunes and alists from Umno following his the hazardous business of elec- Except in 1969, the ruling Barisan sacking and jailing the previous toral prognostication. q Nasional, known in its pre-1972 year, led to the creation of PKR. Its incarnation as the Alliance, has combination with DAP and Pas never lost its two-thirds’ majority in the Barisan Alternatif (BA) in the Federal Parliament. threatened BN with the loss of its Terence Netto is a free- two-thirds’ cushion in Parlia- lance writer based in Kuala Twice in the last 20 years, the BN ment. Alas, the insistence of Pas LumpurLumpurLumpur appeared to be on the verge of this on its Islamic state agenda pushed

Aliran Monthly : Vol.28(1) Page 37 Look back in anger... Remember what they said...

“This is a warning from the Youth movement. Do not raise any issues in relation to Article “Please don’t test 11..” the Malays; they know ‘amok’. We -Umno Youth leader, Hishammuddin don’t want to reach that level.”

- Mohamed “Umno is willing to risk RahmatRahmatRahmat lives and bathe in blood in defence of race and religion. Don’t play with fire. If they mess with our rights, we will mess with theirs.”

- The delegate from , Hansoor Sidang Hussein

“Don’t test the patience of the Malays and don’t play with fire.” “You have unsheathed the keris, waved it, kissed it, when - A Penang delegate, are you going to use it?” Musa Sheik Fadzir - A delegate

Aliran Monthly : Vol.28(1) Page 38 Aliran Monthly : Vol.28(1) Page 39 ELECTION 2008 How will Keadilan fare? Can its multi-racial agenda find support in the mixed constituencies, where Barisan Nasional has traditionally had an advantage? by Terence Netto

Anwar in Kelantan: 8 Feb 2008

t was former British on its electoral debut in1999, it They reckon they can win as many II Prime Minister Harold would be deemed to have done as 24 seats. III Wilson who famously well. This is the reckoning of those observed that a week is who tend to a realist view of the This calculation is based on their a long time in politics. This party’s chances. expectation that the party will do apothegm enjoys immortality be- well in mixed race constituencies cause it is an accurate reflection Of course, PKR optimists would where either the Malay or Chinese of the nature of politics: it is the be disappointed if their parlia- presence is about half the total art of the possible and so predict- mentary tally is five seats only, number of voters and the remain- ing with precision what would judging from the crowds that der is a combination of either happen is risky work. flocked to hear their iconic leader, Malay/Indian or Chinese/Indian Anwar Ibrahim, when he cam- voters. PKR’s multi-racial projec- If Parti Keadilan Rakyat (PKR) paigned the length and breadth tion would receive a vital boost if wins five parliamentary seats in of Peninsular Malaysia, in parts the 12th general election, which, of Sabah and in places in Continued on page 36 incidentally, is the number it won , in the last six months. Continued on page 36

Aliran Monthly : Vol.28(1) Page 40