WHAT HAPPENE IN PENANG? An Account of the 1 Kampung Rawa Incident' by Dr Francis Loh
nly a month has reported officially; nor was ~ohd Shariff Omar and the passed since the any mosque or temple or prop Penang ~IC ch1ef, Dr K temple-mosque dis erty razed to the ground. Ac Rajapathy were able to stop pute occurred in cording to official figures, a their followers from getting in Kampung Rawa, Penang, but total of 185 people were ar volved in the dispute. F1rm the situation in the state is rested 'for rioting, illegal as and impartial police action 'back to normal'. sembly and possession of dan served to contain the incident gerous weapons'. By 7 April, just as it threatened to "pread Significantly, the vast majority 146 of these had been released to other parts of the state. of Penangites went about their on bail, leaving 39 still de The Need daily lives without disruption tained. Despite a threat to use for a Public and even when the dispute peaked the Internal Security Act, the Rational Discussion during the weekend of 27-29 authorities have in fact not car March. On the evening of Sat ried out that threat. This issue of AIr, z Monthly urday, 28 March, a huge open devotes considerable -;pace to air dinner organised by the In short, the dispute was the Kampung Rawa dispute. MCA to encourage Malay shortlived, not least because ln our view, incidents like this sians to buy local products was the majority of Penangites re must be discu:-sed publicly a11d held at the Esplanade. mained mature and respon rationally. Only then can we sible. At some point, after the combat the falc;ehood and wild Penangites, incident had begun, Deputy rumours which were spread at Politicians and Pollee Prime Minister Anwar the time of the incident. Ibrahim, Chief Minister Dr The clashes which took place Koh Tsu Koon, Deputy Chief ln retrospect, the decision by resulted in several cases Minister and the authorities and the media of injuries. Contrary to .....-.:-----r.r-- -, Penang L M'\0 not to provide the public with rumours, no death was deputy ch1ef, adequate information only fu
Close proximity of different houses oftvorslup had not beerr 11 pmll/.711 m /he pas/
Aliron Monthly May 1998: 18[4) Page 2 -F-1if1 i rail ' , d II' ""
Stop In God's Name Equal Justice For All A Sick joke Deeply Distressed Stand Up And Be Counted 27 Judiciary Not Beyond Criticism 28 Foreign Workers 36 Review Policy On Forced Repatriations 37
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Aliran Monthly May 1998: 18(4) Page 3 elled the rumour mills. Not a row of old buildings. Other Penang' s cultural and reli until the weekend of 27-28 people assume that the prob gious heritage. March were two press confer lem was caused by a failure on ences held, the first by the the part of the temple commit Even in Kampung Rawa, the Deputy Prime Minister, and tee to abide by the rules and original mosque and the origi the second by the Inspector regulations governing the con nal temple had been in exist General of Police. Until then, struction of religious building. ence for more than 30 years. the Penang Chief Minister had Only less than three years ago only issued two short press Following a meeting of 450 was a new mosque built to re statements: on 23 March he an representatives from Hindu place the old Kampung Rawa nounced that the tempJe temples and organisations, mosque, while the old Hindu 'which was built and extended held three weeks after the shrine was rebuilt as a new without permission from the Kampong Rawa incident, MIC temple in late 1997. If proxim authority and the landowner' president, Samy Vellu an ity between these two houses would be relocated with gov nounced the establishment of of worship was a problem, it ernment assistance 'to a suit a Hindu Religious Co only became so perhaps three able permanent site as soon as ordinating Council, among months ago when consecra possible', and on 25 March, other things, to 'prevent the tion ceremonies for the new when he officially identified construction of illegal temples' and enlarged temple some the new temple site and an by 'determining the regula how drew attention to its nounced that transfer of the tions which will have to be ful 'proximity' to tl1e mosque. deities to the new site would filled before a temple is built'. occur before the morning of 27 The Troublesome Bells March. To even non-partisan Presently, only about 2,000 of observers, the press state an estimated 18,000 Hindu The first 'showdown' behveen ments raised more questions temples in Malaysia are regis Hindus and Muslims in than they answered. tered with the authorities. But Kampung Rawa occurred on this large number of 'illegally 20 March when 200-250 Mus The public has not only the constructed' temples, and lims, mostly Indian Muslims, right to an open and rational thousands more places of wor confronted a group of Hindu discussion of the dispute but ship of the other religions in a youths who were ringing bells the responsibility to draw les similar situation, had not in the temple at a time coincid sons from it to ensure that ugly caused religious discord be ing with the Muslim Friday incidents like that do not recur. fore. prayers. Evidently, the temple bells had been rung during Close The proximity between differ Muslim prayers the previous Proximity? ent houses of worship, in and Friday which drew Muslim Many people, including poli of itself, had not been a prob protest, but an assurance had ticians, assume that the lem in the past. Going from been given that such would Kampong Rawa dispute re one end of Lebuh Pitt, Penang, not happen again. sulted from the 'close proxim to the other, for example, one ity' between the Sri Raja Raja comes across the Kapitan Hence some Muslims re Mathuraiveeran Hindu Kling mosque, the Sri garded the ringing of the temple and the Masjid Mariamman Hindu temple, temple bells on 20 ~farch as a Kampung Rawa. The two the Kuan Yin temple, and the provocation. In that 20 March houses of worship were hardly Anglican St George's Church. confrontation, verbal abuses 30 metres apart, although All these four famous houses and some stones were hurled, separated from each other by of worship have been part of but an attempt by the Muslim
Aliron Monthly May 1998: 18(4) Page 4 crowd to rush towards the guarded by police. Rajapathy ment and thus broke the week temple was foiled by a small explained to the temple com long media blackout on the in group of policemen who mittee members and other cident. formed a human chain across devotees present that the the lane leading towards the temple had to be moved as it Protest at temple. A few of the policemen was built without the Majlis Komtar were injured but their chain Perbandaran Pulau Pinang' s Responding to the premature held long enough for four approval. The state govern action of the MPPP in sealing truckloads of FRU police to ar ment, he explained, would the temple, thereby preventing rive at the area. provide a new site for the any form of access for prayers, temple, and in the process the about 150 of the devotees and On that day, 94 people, mostly status of the temple would be other Hindu sympathisers Muslims, were arrested. The regularised. To prevent a wors staged a protest at Komtar's temple area was cordoned, ening situation, the temple Level3 concourse at about 3.00 while roadblocks were set up would also be sealed until time pm the next day (24 March). In along streets leading to the for its relocation. The discus their midst was Chong Eng, neighbourhood. Starting from sion was emotional. Ulti the DAP's Penang state assem then, rumours about what had mately, the temple committee bly representative for Batu happened in Penang quickly representatives agreed to the Lanchang (whose husband is spread, even via the internet, plans while the MIC leaders a Hindu). They demanded to which featured some wild and assured them that they would see the Chief Minister. But misinformed postings about seek permission for aarti or Chong Eng and a few others the incident. prayers to be conducted at only succeeded in meeting the least once a day. Chief Minister's political sec Relocating retary, Teng Chang Yeow, him the Temple However, less than three hours self a state assembly represen Over the next few days the after the discussion, the temple tative. Penang state government, the devotees got a shock when police, and the local temple MPPP contractors, and mosque committee mem escorted by police, bers sought a solution to the arrived and problem. promptly sealed up the temple. No On Monday morning, 23 doorway was con March, a critical meeting was structed, denying held in Komtar attended by access to the temple the Chief Minister, the Chief completely. The Police Officer of Penang, temple grounds Abdul Hamid Mustapha, Dr were also fenced up Oose proximity Kmnpung Rawa mosque (right) and Rajapathy, representatives of completely. the Hindu temple, originally in the midst of the trees (left) the Islamic Affairs Depart ment, and related officials. That same 23 March afternoon, The protest was peaceful. The Chief Minister Dr Koh issued police quickly dispersed this After the meeting, Dr a press statement announcing assembly without making any Rajapathy and MIC's former the planned relocation of the arrest. In the process the police senator K Vijayanathan ar temple, the first official state- cordoned off several streets rived at the Kampung 'Rawa menton the incident. The lo- leading to Komtar, causing temple site which was heavily cal media carried the state- massive traffic jams in the vi-
Aliran Monthly May 1998: 18(4) Page 5 cinity. More rumours were ugly twist on 27 March. and to help the authorities pre spread. Rumours had been rife for sev vent 'Muslim mischief'. It was eral days that the Hindus and claimed that if Hindus did not On Wednesday, 25 March, the Muslims were calling for a stand up for their rights in Chief Minister issued a second show of force. The police had Sungai Pinang, those rights statement. He announced that set up roadblocks on the would be eroded elsewhere. A the Penang state government Penang bridge and the en huge crowd of Hindus, their had decided to make available trance to the ferry in Seberang number being more difficult to land in Jalan S P Chelliah (for Perai to deter potential estimate because they were merly Lines Road) just across troublemakers from coming dispersed over a larger area, jalan Patani, for the relocation over to Penang Island. Groups were also present at Jalan S P of the Kampung Rawa temple. of non-Penangites, especially Chelliah and Jalan Sungai The relocation, he further an youths, were searched and (River Road), traditionally, the nounced, would take place be some were even turned away. sites of working-class Indian fore the morning of 27 March. residences. And he concluded that the The general Kampong Rawa matter had been resolved 'in area was also cordoned off. After the Friday prayers, the accordance with the Malay Nonetheless, at prayer time on large Muslim crowd surged sian spirit'. Friday, 27 March, an estimated out of the mosque and the crowd of 5,000-7,000 people, mosque's grounds to Jalan The relocation procession took instead of the usual 500-600 Patani itself. The two crowds place at midnight 26 March/ people, gathered at the exchanged taunts and threw 27 March. As soon as the dei Kampong Rawa mosque. This stones at each other but did not ties were transferred, the unprecedentedly large crowd, engage in a direct clash, the Kampung Rawa temple was now made up of mostly Malay police having placed them demolished by the MPPP Muslims rather than Indian selves between the two workers. Muslims, spilled from the crowds. For a while, the lead mosque grounds to the sur ers of the Hindu and Muslim Ceremonies were conducted at rounding area. By word of groups were able to hold their the new temple site for several mouth, via the internet, and by groups in check. But this did hours andlasted il1to the early the circulation of pamphlets, not la~t long. morning. Not only had a huge Muslims had been urged to crowd of Hindus gathered to show up in force in Kampong The arrival of a helicopter hov join in the procession and the Rawa at around 1.00 pm. They ering over the area created a ceremonies, but many Mus were led to fear that the Hin sense of emergency. So too the lims had congregated around dus would attack the mosque presence of a water cannon the mosque, apparently to pro in retaliation for the demoli truck and an ambulance. tect it against any attack. By tion and relocation of their When the Muslim crowd be this time both crowds were temple. One of the pamphlets gan to move across the police made up of Sungai Pinang called on Muslims to help the line, the police gave warning area residents and outsiders. authorities prevent 'Hindu to the crowd to disperse. Be Emotions ran high, and the mischief'. fore there was time to do so, police who were present de tear gas was fired and the wa tained several persons. There were leaflets distributed ter cannon used. Many rushed among Hindus, too, which back into the mosque grounds. Confrontation called on them to show up in The police also began to arrest on 27 March full force in the Sungai Pinang several of the Muslims, and However, the episode took an area to defend their temples then Hindus as well. A subse-
Aliran Monthly May 1998: 18(4) Page 6 quent search of areas of both crisis was oveL There were reports of clashes Muslim and Hindu concentra between Hindu and Muslim tion produced severalmolotov At about midnight the Inspec youths, and there were cocktails, parangs and other tor-General of Police appeared rumours that the island's hos weapons. Later that day, the on the scene. After meeting the pitals were busily providing police arrested another 43 politicians and his security out-patient as well as in-pa people, including many chiefs, he visited the temple tient treatment of people sup youths who had come from sHe with the Chief Minister posedly injured in these outside. By then a total of 137 and returned to the police sta clashes. According to the people had been arrested. tion where another press con Penang chief police officer, ference was held in the early four people were still warded The DPM hours of Saturday morning. at the Penang Hospital on Intervenes He warned thattheiSAwould April 2, while 15 people had Anwar Ibrahim arrived at the be used against trouble-mak been discharged. Another 13 Jalan Patani police station at ers. people were arrested early 28 about 5.15 pm. He met with Spillover March. the Chief Minister, the deputy Chief Minister, the Despite the restored calm in More ominously, Hindu-Mus Penang MIC chief and the Sungai Pinang, Anwar's press lim clashes were rumoured to CPO. About half an hour conference, and the IGP's visit, have spread to Seberang Perai, later accompanied by the the problem was far from over. and even Kedah. deputy Chief Minister, he Too many outsiders were in headed for the Kampung volved, too much emotion had Supposedly, Penang stood on Rawa mosque and met the been built up, and too many the brink oi a curfew during mosque officials. Returning rumours had been circulating. the early hours of 28 May. to the police station where The police, it seemed, had the Chief Minister and others During the night of 27 March been stretched to the limit. awaited, Anwar held a press and the early hours of 28 The FRU and Police Field conference at about 6.00 pm. March, many cases of vio Forces, normally responsible He announced that the mat lence occurred, eight of for handling violent inci ter had been settled. He which took place in the dents such as these, were car blamed 'outsiders' for esca north-east district of the is rying out Operasi Nyah lating a small local affair into land. At least seven isolated Bersepadu- the rounding-up a security-threatening inci Hindu shrines and temples and repatriation of illegal im dent and appealed to all to were attacked. The window migrants elsewhere in the cooperate with the authori panes of one mosque in country. ties. He also assured the pub Georgetown were broken. lic that the police would con Also attacked were a few By dawn, on 28 March, how duct its duty fairly but firmly. popular Indian Muslim ever, an additional 600 police foodstalls in Georgetown. personnel had arrived in Media cover age of Anwar The glass windows of Indian Penang from Kulim and Ipoh. Ibrahim's press conference Muslim jewellery shops at More police road blocks were later showed Ahmad Johari }alan Pitt were also shattered. set up. There were sporadic in Hamzah, the secretary of the Quite a few proprietors of cidents during the night of 28 mosque committee, shaking shops and restaurants, fear March, resulting in yet more hands with P Nyanasegaran, ful of attacks, boarded up arrests. But by Sunday, 29 the secretary of the temple their premises for the next March, order was fully re committee, as a sign that the few days. stored.O
Ali ran Monthly May 1998: 18(4) Page 7 .... INTER-RELIGIOUS COUNCIL, INTER-FAITH DIALOGUE AND SPIRITUAL TRANSFORMATION 3-Point Strategy for Resolving Religious Differences Among Malaysians hose were heady days solutions. for the dietary observances asso in the Sungai Pinang Short-Term Strategy: ciated with different faiths. The g area when groups of governmentshould back the IRC Penangites became Inter-Religious by seriously considering the emotionally charged with reli Council latter's deliberations, proposals gious sentiment, misinformed We must urgently create an In and decisions in its policy-mak opinion of people ter-Religious Coun ing, planning and implementa of other faiths, cil (IRC) bringing to tion. and an overdose gether representa of alarmist tives from all the Periodic, and certainly emer rumours. faiths practised in gency, consultations by members Malaysia. Such an of the IRC can go a long way to Since then there IRC should have of wards minimising inter-religious has been an un ficial sanction, and misunderstanding so as to nip easy calm. But the be backed by power potential problems-such as that tragedy v.rill be and authority. The which occured in Kampung compounded if IRC should be au Rawa-in the bud. Or, if such in we do nothing ·to tonomous and espe cidents occur, there will at the prevent a recur cially free of veryleast be an established coun rence of the politicisation. The cil of religious leaders, familiar Kampung Rawa IRC should be differ- with and respectful of one an incident. The next ent from the Malay other, to refer to. These leaders time around the bells might toll sian Consultative Council of are more likely to be able to per for all of us. Buddhism, Christianity, Hindu suade members of their own re ism and Sikhism (MCCBCHS) spective faiths to accept neces What responsibilities should Ma which has no Muslim represen sary solutions more speedily laysians jointly assume to pre tation and is not officially sanc than proposals offered by politi vent such a recurrence? tioned. cians and government officials. The proposed IRC could estab Believing thatinter-Teligious un The proposed IRC should be an lish a sub-council in each state. derstanding and tolerance can inter-faith forum for discussing not always be guaranteed by and suggesting solutions on such Medium-Term government or police action issues as the provision of sites for Solution: alone, but need to be sustained houses of worship (especially in Dialogue at All Levels by an active, broad and positive large housing estates and new public role, Aliran proposes a 3- townships), allocations for burial One very disheartening aspect of Poiut Strategy to resolve future grounds, the conduct of different the Kampung Rawa incident was inter-religious differences. This 3- religious ceremonies in a the dissemination oflalsehoods Point Strategy contains immedi multireligious setting, religious about 'other religions' and the ate, medium-term and long-term conversions and mutual respect intentions of their adherents- Too
Aliran Monthly May 1998: 18(4) Page 8 many Malaysians, it would seem, sues like protection of the en munity or religion (without were only too easily persuaded vironment, combatting cor hidden intentions), we in fact by calls to hatred. ruption, political participa maintain a fundamental dia tion and freedom, women's logue with them which breaks In principle, it is necessary to ex rights, the family, caring for down barriers of communica pose and demolish the stereo the disabled, and war and tion and dispels many preju types, prejudices and myths that peace. As with other dices and stereotypes. From Malaysians tend to hold of the organisations, Aliran has time to time, the 'Heart to religious beliefs and practices of organised such dialogues be Heart' column of Aliran those not belonging to their own fore. Monthly highlights this dia faith. This can be achieved by logue of everyday life. holding dialogues between Ma- During such dialogues, in laysians of different faiths. · creasing numbers of Malay Long-Term Solution: sians have discovered that all Spiritual Three levels of dialogues may be religions share a core of univer Transformation conducted. sal spiritual values. That we have not sufficiently built There seems to be a need in all 1. Dialogue at the the top-most upon our 'commonalities' has the religions for a genuine trans level. allowed religious bigots to formation of the meaning of faith For the most part, this level of highlight instead the ritualis and spirituality. Inter-faith com dialogue involves religious tic differences tl1at separate us munication and co-operation experts and theologians. one from the other. There will not work until this transfor Some effort has been under should be many more such mation occurs within each of the taken by groups like Ikim dialogues so tl1at those myths, religions in Malaysia. This is the (Malaysian Institute of Is prejudices and stereotypes are most demanding task of all. We lamic Understanding) to pro exposed. require a total transformation of mote exchange and mutual values, attitudes, relationships understanding betweenlslam 3. Dialogue at the individual level. and structures within our reli and other religions, for ex Most important of all, we gions, and the ways we practise ample, on various aspects of need to conduct a dialogue of our religions, so that our reli modernity. Books and litera everyday life at the level of the gions become forces for justice ture have been published individual. This dialogue has and peace. In other words, we about these dialogues. been on-going for generations must advocate a spirituality that and is within reach of all Ma is grounded in the real world and The Islamic and Asian laysians. But in recent times, iliat addresses its attendant social Civilisation course which will it has not been sufficiently problems. be compulsory for all stu promoted as a means for or dents in institutions of higher dinary Malaysians of one Such a re-interpretation of spiri learning in the country, if faith to reach out to those of tuality that upholds the essence t~ught sensitively, can con other religions. Often it is re of our belief systems and ad tribute to this dialogue. (For stricted to the symbolic if not dresses social reality will weaken Aliran's views on this course superficial practice of the the hold of the orthodox, conser and its proposed contents, see 'open house' held during fes vative, and text-bound groups Aliran Monthlyvol. 17, no. 6). tive times. that tend to dominate every reli gion. As long as these groups 2. Dialogue at the middle level. Yet, when we show respect dominate their respective reli Dialogues at this level may in and concern for oiliers - our gions, their influence will make volve religious experts, too. neighbours, classmates, co it very difficult for people to get More importantly, these dia workers, students, fellow together. We need to transcend logues seek to b~g together drivers on the highway, acci the boundaries of institution ordinary people of all faiths dent victims, the old and alised religion to reach a spiritu who are actively involved in needy, the marginalised and ality thatis grounded in the unity social work to discuss how exploited - especially if they of all humankind, and in the the various religions view is- belong to another ethnic com- ideal of justice for all. 0
Ali ran Monthly May 1998: 18(4) Page 9 ... THE PENANG INDIAN DILEMMA he Kampung Rawa in fortunately, the Penang-India about the involvement of 'outsi cident will probably be connection could have been ders' or even 'foreigners' in the g remembered as a more insidious than the mere dis Kampung Rawaincident suggest Hindu-Muslim dash. tribution of a videotape. that the police suspected a con Certainly centre stage of that un nection between the clashes and fortunate drama was occupied The local press had reported that bombings in India and the dis by Hindus and Muslims rallying four Indian Muslim men from pute between Indian Hindus and around a temple and a mosque Penang were detained in India in Indian Muslims in Penang. respectively March in connection with Hindu-Muslim clashes in the In If there is a basis to these suspi But the incident began as a dis dian state ofTamil Nadu (The Sun cions, they may explain why pute involving Indian Muslims 1April1998). The four men were Hindu-Muslim tensions have and Indian Hindus. Only later detained in Macl.ras after several been rising within the Indian did it draw in other Muslims. The bombings had occurred in community, at least in Penang, violence on the night of 27 March Coimbatore where several BJP for some years now. In part, the affected Hindu temples and In leaders were scheduled to ad tensions are related to politics in dian Muslim properties. Indeed, dress the election rally A photo India which is regularly covered in the wake of the incident, ill graph of the four men (taken by the vernacular press in Malay feelings are still being felt in while they were detained with sia. Additionally, there is a regu 'Little India', one of the oldest nine other suspected terrorists lar flow of Indians, both Hindus and culturally richest parts of from the 'Al-Ummah' group) and Muslims, between India and Georgetown where several gen was published by the Tamil Nesan Malaysia. Owing to difficulties in erations of ethnic Indians - in Malaysia on 19 February. The acquiring Malaysian citizenship, Hindu and Muslim - have lived local media have not carried fur some Indians residing in Malay alongside one another. ther news of the four men since. sia remain Indian nationals. A But the various warnings issued large proportion of this group of Why and how did that long tra by the authorities in Malaysia Indians resident in Penang was dition of neighbourliness unravel so suddenly? ... Religion $1\ould operate as life and spirit and not merely as There seems to have been a con docirine and dogma. No single religion has ever, or can ever, nection between the Kampung unite humanity. Only the underlying spirituality of all reli Rawa incident and recent politi gions can unite the whole human race. This goal wiD be cal developments, especially the realised when science is allied to spirituality and when reli- recent general election, in India. gion is rid of dogmatism. The world does not need a new It has been said that some quar religion. What it does need is a greater number ol men and ters have been distributing, women who, discovering the universal truth in their own amongindianMuslims, a video traditions, will dare to Jive .in accordance with them and when tape of recent attacks of Muslim do so all the externals of the different religi«--sys establishments by Hindu mobs they dry inlndia. TheseHindumobswere tems~ which today divide human being from human being, allegedly associated with the will inevitably crumble. .. Hindu Bharatiya Janata Party (BJP). (The BJP came to power in Sheslulgiri Rao, in Malultma Gandhi and eo,....aw ...,_ India in the recent election.) Un-
Aliran Monthly May 1998: 18(4) Page 10 always made up of working class people who faced employment insecurities, housing problems, and other personal and social dif QUOIIS ficulties. Many could not afford to marry or to maintain a family.
This underlying situation, You should never allow your hatred for a particular mostly unimproved over sev community, to prompt you to commit an injustice eral decades, has created con siderable frustration among towards them. Do justice at all time for justice is clos Penang Indians, both Hindu est to righteousness and Muslim. As a way out of -The Quran this situation, some Indian Muslims had begun to associ ate more closely with Malays to All outer names are man-made distinctions whereas the extent of marrying Malays the reality is faith in God and love of man. It is not and even joining UMNO. Con sequently, their children have necessary to do away with differences which distin acquired higher proficiency in guish and divide men. We must try to understand Malay, adopted Malay identity, them. We must admit faith in the one God of all man and some have been able to ac kind who is worshipped in many ways. q uire bumiputera status and - S. Radhakrishnan, Hindu philosopher privileges. Other members of the Indian community in Penang, especially by compari son with other ethnic commu St. Peter proclaims, "In truth, I perceive that God nities in Penang, remain poor - shows no partiality. But in every nation, whoever - marginalised by the local mar fears Him and works righteousness is accepted by ket economy, neglected by the IIim." government, and not even well -Acts 10:34-35 represented by the politicians (whe ther from the MIC or UMNO). The Hindu God lives in Benares; the Muslim God at The Kampung Rawa incident, Mecca. But He who made the world lives not in a the tensions in Little India, and city made by hands. There is one Father of Hindu the attention which Indians in and Muslim, one God in all matters. Malaysia pay to politics in In - Humayan Kllbir, the fifRenth-century dia are all signs of d ivision and Muslim mystic frustration within the Indian community. These have so split the Indian community that some underlying intm-commu The absolute is wordless, imageless and nameless. nal sentiments o f resentment -GuruNanak and animosity erupted as inter religious differences. It is the way of heaven to show no favouritism. If there is to be no repeat of It is for ever on the side of the good man. Kampung Rawa, there must be official acknowledgement of this - Tao Te Ching LXXIX: 192 Penang Indian dilemma - fol lowed by meaningful solutions.O II
Ali ron Monthly Moy 1998: 18{4) Poge 11 FAITH, -=ERMENT AND FISSURES· Say ~No ' To Any Future ~Kampung Rawa' by Dr Mustafa K Anuar
eligion and religious its zealots to acts of bigotry. have immediately worked to g matters tend to evoke Many followers of many reli gether to calm the fears of their deep and strong feel gions, particularly those who respective communities and to ings among the adherents of place the importance of form restore religious harmony. any faith. Religion can so eas and ritual before the kernel of They should have rejected at ily become a powerfuJ emotive their religious messages, are once those among their own force because it involves the susceptible to such morally de communities who threatened beliefs of its followers and of grading acts. what was most valuable about ten defines the very purpose of our multiethnic and their existence. They are apt to forget that hu multireligious society - our man beings, of all religions, are ability thus far to live together That is why religion, when sin ultimately God's creatures. in tolerance, peace and dignity. cerely interpreted and prac They need to be reminded that tised, can bring out the best in we belong to a universal hu By doing so, those religious human beings. After all, reli man community and must leaders would have distanced gions universally call upon forge a vital bond with 'oth themselves from bigots, and their followers to do good to ers', whatever our theological rejected sacrilegious acts and their fellow human beings. So differences with them. outright hooliganism unwor powerful is the force of reli thy of any religion. Together gion that it has driven, and In a multiethnic and they would have sided with continues to drive, human be multireligious society like godliness, compassion, love ings, especially God-fearing Malaysia's, it is critical that our and justice. ones, to scale the heights of religious leaders stress the im goodness and godliness. portance of doing good for our Most importantly, if the reli fellow human beings. Hence, gious leaders had spoken out Sadly, the reverse is also b.ue. when the unfortunate for interreligious tolerance, When twisted or manipulated Kampung Rawa incident they would have affirmed by groups with vested inter erupted in Penang in March, their communities' adherence ests of one kind or another, re the leaders of the different re to a fundamental truth - that ligion can be exploited to spur ligious communities should is, that a wrong is a wrong, ir-
If the religious leaders had spoken out for interreligious tolerance, they would have aHirmed their communities' adherence to a fundamental truth • that is, that a wrong is a wrong, irrespective of one's faith.
Aliron Monthly M.cry 1998: 18(4) Poge 12 respective of one's faith. This emphasise and practise the tice which can unite the fol affirmation, a lesson we must positive aspects of our respec lowers of different faiths on learn from Kampung Ra wa, is tive faiths so as to bring out the the basis of universal moral no less meaningful, no less good in the human beings who and ethical values.' There is profound than anything that is make up our plural society. every reason to think that Ma taught in the Pendidiknn Moral laysians have come a long way classes in our schools. For example, the followers of from the days when relent a particular faith can always lessly racial politics and ethnic The police detained many who reach out in solidarity with the championing sowed a great were suspected of being in followers of other faiths to deal of mistrust and hatred volved in the conflicts that fight different forms of injus among our different commu broke out subsequent to the tice. Not only would that be nities. initial Kampung Rawa inci morally correct, it would en dent. The Deputy Minister of rich our souls. The Malaysian practice of Home Affairs even hinted that hosting and attending 'open the Internal Security Act For the record, Malaysians of houses' during different reli would be applied to some of different faiths have joined one gious occasions suggests as those detained to give a clear another to speak out for the much-eventhoughsomemay signal that interreligious un Palestinians, without treating deride the practice as a sym rest would not be tolerated. the Palestinian cause as only bolic act of doubtful value. an 'Islamic problem'. Malay The arrests and the roadblocks sians of all faiths have opposed We don't deride it at all. But no doubt served to contain the the 'ethnic cleansing' in if we are to build on the in spread of violence and clashes. Bosnia-Herzegovinia, without terethnic and interreligious But will the arrests serve as a being so narrow-minded as to goodwill we have attained, true deterrent against a repeti consider the terrible episode as and if we are to prevent any tion of the incident? Will not only the plight of Bosnian future Kampung Rawa, we the use of the draconian ISA Muslims. Back home we have need to go beyond this sym contradict the call to justice most recently witnessed Ma bolic act. that is enshrined in all our re laysians of all religious convic ligious traditions? tions expressing their moral We need to hallow our own outrage at the statutory rape of ideals of mutual tolerance, Can we not think of other an underaged girl, no matter understanding and respect ways of promoting and sus what their religion or her reli by showing a deeper com taining interreligious under gion maybe. mitment to justice and com standing and tolerance in the passion for all, regardless of longrun? There is reason, therefore, to be faith - values which are uni optimistic that Malaysians do versally upheld and taught We can if we consistently shareabasicconcernwithjus- by religion. 0
When the unfortunate Kampung Rawa incident erupted in Penang in March, the leaders of the diHerent religious communities should have immediately worked together to calm the fears of their respective communities and to rutore religious harmony.
Allran Monthly May 1998: 18(4) Page 13 STOP, IN GOD'S NAME Governments should wipe out religious intolerance and discrimination by Debbie Stothard
e note with concern the and development. tematically targeting religious contents of the report minorities for harassment and/ presented by the Spe We note with growing alarm or violation. cial Rapporteur on Re that religion continues to be ligiotlS lnto1erance. used widely as an excuse to in This is espedally true in the case flict human rights violations - of Muslims in ArakanStateand It is always a cause for great which include Karen State as concern when individuals and c r i m i n a l well as Chris communities are denied their behaviour such tians in Chin civil, political, economic, cul as murder, as State, Sagaing tural and social rights because sault, rape, and Division and of their religious beliefs; more robbery - upon Karen State. It is so when such practices are be vast numbers of understood that ing perpetrated by govern people across such persecu ments and their agents. the world. tion is imposed upon Muslims It is heartening to note that In countries no and Christians some governments have at torious for thdr in other parts of tempted to respond positively human rights the country as to the concerns raised by the abuses against well. Special Rapporteur. We hope the general those governments will con population, reli Top guns : tlrr military regime in Those who are Burma has bt·t•n systemolicnlly tinue in their efforts to establish gious minorities targeting rl'iigitlus minorities Muslim or societies which are genuinely seem to be tar Christian are tolerant. geted for "extra special" abuse targeted to do extra days of and harassment. forced labour, in some areas, We are disappointed that some Buddhists are given fewer or no governments persist in denying It is important to note that in forced labour tasks. Religious the existence of problems con such situations of systematic structures have been destroyed cerning religious intolerance, and widespread human rights or closed down and religious and more importantly, persist in violations, even the clergy of the celebrations prohibited or denying their population their majority religion is subjected to tightly controlled. rights as human beings. We attack, threats and harassment. would like to encourage these Many Muslims have had their governments to understand An example of how such viola citizenship denied or revoked; that a population where all tions and harassment is perpe even refugcec; from the Thai people enjoy all their rights is a trated is Burma. The military Burmese border wishing to re prerequisite to genuine peace regime of Burma has been sys- turn to Burma are reportedly
Aliron Monthly M.oy 1998: 18(4) Page 14 not welcomed back unless they The clergy of the majority reli convert to Buddhism. gion, Buddhism, has been sub ON IALI ject to harassment, threats and T·IHIRTI The destruction of mosques and imprisonment. Recent ex WITH A MIISAGI religious schools bas become amples include the January ar quite frequent as has harass rest of a monk named Sanda ment by officials against Mus Thiri and 18 students who de L Aliran T-Shi.rts lims and denial of access to manded the release of other health, education and govern imprisoned monks, the barring ment employment. of a Sa11gha [Buddhist clergy] meeting in December to discuss A special strategy targeting military interference in their Muslims who arrive at the jetty work, and the forced disrobing in the town of A kyab has been of eight monks who were sub the notorious "ASEAN gate" - sequently imprisoned in No only Muslims are supposed to vember. wait at theASEAN gate; during this time they are often physi Clearly, these examples docu cally humiliated and extorted of ment how people are dehuman money by officials before being ized and denied their right to allowed to proceed into the assert themselves as fully hu town. man persons in their choice and practice of religion. Such Documentation received has re behaviour by authorities frac vealed that in Chin State and tures society and has severe Sagaing Division where most of consequences on the long term Price : RM15 the civilians are Christian, sol peace and stability of the world. diers have been desecrating Available at No. 12, churches and graveyards by Therefore, we respectfully call Jalan Pantai Aziz Ibrahim, 11900 Pulau Pinang. turning them into army camps, upon all member and observer Tel/Fax: 04-6415785 disturbing religious ceremonies states of the United Nations and preventing evangelists Commission on Human Rights 2. Orang Asal Sarawak from preaching to their parish. to commit themselves to the T-Shirts noble aim of elintinating ALL The military has also been ar forms of intolerance and dis resting people upon leaving a crimination, including that church service, forcing Chris based on religion or belief. 0 tian villagers to build Buddhist pagodas and coercing people to convert to Buddhism. The above was a 11resentation made by Debbie Stothard on Those who become Buddhists behalf of A/iran at a United Nations Human Rights Com are exempt from forced labour mission session in Geneva on Price : RM15 and may receive extra food sup 27 March 1998. ply. In Chin State, education has Available at No. 11, Jalan 1-A/71E, also been used as a means to Debbie Sto_thard is also coor Jalan Carey, 46000 P.j. separate Christian parents from diuator of the Alternative Tel : 03 - 7943525 their children, who are then ASEAN Network on Burma Fax : 03 - 7943526 taken away to be forcibly "edu (ALTSEAN-Burma) cated" as Buddhists.
Aliron Monthly May 1998: 18(4) Page 15 Our concem is made more ur gent by the fires that are still rag ing in neighbouring Indonesia. These fires are exacerbating air pollution for ordinary Malay sians.
Given our 'hazy experience' last year and its serious impact on the people's health, Aliran calls upon the authorities, in particular the Department of Enyjronment and the Fire and Rescue Department, to step up their battle against this environmental hazard.
We also urge the authorities to come down hard on those com mitting environmental burning TV Cameras, Crime zens' groups in countries such as crimes and to impose heavy pen Prevention and Britain where such technology alties - without resorting to the Political Control has been used by the state to cut Internal Security Act- on them. operational costs in the police Aliran is concerned about the force. At the same time, we feel that a Kuala Lumpur police's recent concerted effort must be under plan to use dosed-circuit televi We urge that the police instead taken by State governments to sion cameras in selected streets increase the number of their per mount a campaign to raise in their attempt to curb criminal sonnel monitoring and control awareness about the health haz activities in the city. ling troubled urban areas and ards of the smog, fire-fighting ensure that street lighting facili techniques and other precaution We laud the police force's efforts ties are improved. This approach ary measures. to find ways to stamp out illicit would be a much better way of activities such as drug abuse and facilitating greater human inter By so doing, the Fire and Rescue peddling, in line with its safe city action and cooperation between Department will not only avoid concept. the police and the public. having to spend more than RMIO million in fire-fighting activities, But the use of such technology Aliran Executive Committee which it incurred last year, but raises the possibility of it being 24 Marcl1 1998 also protect the health of Malay used for the political surveillance sians and of the environment - of innocent citizens. Tt would fltt dl''''' ,f,lf,l 1 tllldf/'-lltifttll/ltt! which one cannot place a mon then intrude into their privacy Ill til/If 11/ flit 1//d If"-.( It till/ Hit 1ft11 etary value on. and hinder their democratic right to move freely. Snioke Signals We hope that the Department of Danger Environment will also provide This Orwellian scenario goes periodic information on the air against the notion of a civil soci It is alarming that, of late, open quality in the country to the pub ety where private citizens have a burning has been reported in lic. right to protect their privacy and various parts of the country, par assemble and move about freely. ticularly in Selangar, Perak and Finally, Malaysians, especially Pahang, while the haze has al those with a lackadaisical atti It is significant that this has also ready appeared in several places tude towards open burning and been the primary criticism of citi- including Penang. air pollution, must be made ac-
Aliron Monthly Mcy 1998: 18(4) Page 16 countable for their actions. Aliran therefore, calls upon the free programmes." Malaysian government to: Dr Mustafa K Anuar Are we to assume that the Infor Executive Committee Member • Abandon its forced repatria mation Minister wants to tax the 25 March 1998 tion of these Achehnese politi viewers for something extra that cal refugees immediately; is being offered by the private Tltt' ,,[,,,,' ...,fllfc'lltCII( 1f'tl' HtJ/ ttlllll'd • Allow the UN Human Rights stations, and not by the public Ill tl111/ Pf (/n· llltllll .. frt't111f 1HCtfttl. Commission in Malaysia and television stations? the International Committee of Red Crescent (ICRC) to Besides, as we all know, not all · Abandon forced have access to these refugees; the private stations provide "free repatriation of • Set up an independent Com services", which means that the Achehnese political mittee of Inquiry to investi viewers concerned are already refugees gate the unfortunate loss of paying "double" for having lives of the eight Achehnese made the pay-per-view choice. Aliran is deeply concerned over and the Malaysian policeman; the reported deaths of eight In and In addition, television stations do donesian refugees from Acheh • Make public the results of this not really offer "free and a Malaysian policeman in a independent Inquiry. programmes" as such because clash at the Semenyih Detention they also collect advertising rev Centre on 26 March 1998. Dr Francis Loh enues. These stations actually Hon. Secretary "sell" their respective viewing According to informed sources, 27 March 1998 audiences to advertisers, while there are 290Achehnese refugees seeking greater profits in an at in the Semenyih camp. Most had /ftt' tt/111t'C ... /1//l'Hit'll/ tl "' IIIII t ,,,.,1'1/ mosphere of stiff competition. fled to Malaysia in search of po Ill tUI1/ of tflt' Hltllll..,f It'll Ill lllt'.flll. litical sanctuary when conflict If the Information Ministry between the Indonesian military IV Licence Fee wants to raise more funds, we and resistance fighters occurred to be Raised? suggest that it bills the private in Acheh province in the early stations for using any of 1990s. Aliran is shocked to learn, on the government's televising facili first day of April, that Informa ties, including hill-top transmit- Apparently, the "riot" in tion Minister ters. Semenyih broke out when the Mohd Rahma t is police began operations to forc toying with the We would also suggest ibly repatriate these refugees idea of raising the that the government-run back to Indonesia. These television licence Radio Television Malay Achehnese are refugees who fee from the sia be more innovatice have sought political asylum in present RM24 to and creative in its tele Malaysia They are not illegal RM36, a move that vised offerings to attract immigrants. And unlike illegal would contribute more viewers- and ad Indonesian immigrants who are to inflationary vertising ringgit- instead currently being rounded up and trends in the coun- of indulging in intellec deported to Indonesia, these try. tually unstimulating fare Achehnese refugees face immi like game shows. nent danger to their lives. They What is also stunning is that risk imprisonment, torture and Mohamad Rahmat tried to justify Dr Mustafa K Anuar perhaps execution for their past the hike by saying that Malay Executive Committee Member political activities. sians should be willing to pay for 2Apri11998 the increased fee because they To safeguard the fundamental "had been able to tune in to pri lite 11/1ol t ..,flllt'lllt'llf d a ... 1tot t Oltint Ill tflllf "' Jltt 11111/ll ... fll IIIII J/l('dtll human rights of the Achehnese, vate TV stations which offered
Aliron Monthly May 1998: 18(.4) Page 17 Conflict and Religious How can we call Many Malaysians are as deeply Understanding ourselves a caring, disturbed as Allran over the Aliran supports the recent move democratic nation? court's decision as the govern by leaders and organisations rep ment must be aware by now. resenting Muslim and Hindu Aliran is dismayed and dis They cannot fail to notice that communities to take appropriate turbed by the Court of Appeal's Rahim is free, while Lim - who measures to rebuild confidence, decision to jail opposition MP trust and mutual respect in the Lim Guan Eng for a total of 36 wake of the temple-mosque con months, thus enhancing the High flict inKampung Rawa in Penang. Court's earlier sentence, which in any case would have already dis We hope that the initiative will qualified him as a Member of not only help promote peace and Parliament. security in the area concerned, but also foster much-needed in The latest sentence has not dis ter-religious understanding. pelled the widespread percep tion that the Attorney-General's The recent ugly incident indi charges against Lim are politi cates that some people are ca cally motivated. (Lim had ac pable of turning religion into a cused the Attorney-General of source of strifP l\nci tpn-.ion, thus selective prosecution in a statu Lim Gwm E11g • Sulllt-IIU'IIIIIrauced going against the true teachings tory rape case which implicated of revealed religions, which call the former Malacca chief minis fought for justice for the rape vic for love, compassion and under ter Rahim Tamby Chik.) tim - was sentenced to jail and standing. will be disqualified as MP if the This perception has gained fur Federal Court upholds the Court Perhaps it also shows that too ther credence following the of Appeal's verdict. much emphasis is being placed underaged rape victim's public by certain religious leaders on disclosure in the court not long A/iran Executive Committee forms and rituals at the expense ago that Rahim had sexual rela 4April1998 of the deeper universal underly tions with her. The Attorney ing messages of these faiths. General however, had previously Jftt• tr/POt't' ,fllff'llll'llf d'tl' 110/ ltlli/Cd not filed charges against Rahim ''''""'of tilt' "'''"''''~ · ant 111t'dtt1 Regrettably, the mass media were because he claimed there was in restrained by the authorities, par sufficient evidence. ticularly in the initial stages of the Article 10 of the Federal Consti "If this mockery of conflict, a situation that led to justice is carried out ... rumours spreading like wildfire. tution explicitly guarantees the fundamental right of freedom of As a woman, expression. Given his responsi especially We believe that in a conflict like a Muslim woman, this, what is needed is not only bility as Member of Parliament for Kota Melaka, one would have I am angry, swift, bold and just action from disgusted and ashamed ... the authorities to control the situ thought that Lim was merely car rying out his duty in protecting As a mother, ation, but also adequate informa I now have real fears tion about the actual situation. the interests of the rape victim, a Malacca resident. for my daughter!"
Aliran Executive Committee Marina Mahatir 4 Apri/1998 If even MPs are denied the right to raise issues as representatives - in her column entitled "Whither Justice?" of the public, how can we call in The Star : 9 Sept. 1994 lit« sifiOi t -.f,lft'l/11 11/ ,t th l/sl/ 1 tfll/(d ourselves as a caring, democratic Ill sUI If (1f t/tc' 11/d/11-.fll IIIII 1111 tftd nation?
Ali ron Monthly May 1998: 18(4) Page 18 did not deter these wannabes. Neither did they see the other side of development-the sprawl ing squatter settlements where the poor of Selangor lived be cause Selangor's "impressive" development record, unfortu nately, did not include develop ing low-cost housing. Nor did they seem to understand that natural vegetation, forests and vital water catchments were dis appearing to make way for this fantastic And if you had tried to tell them then that all those factories, of fice blocks, theme parks, condo- WATER AND POLinCS the hill resorts of Malaysia, one had to be against development. Depleted reservoirs, dry taps, Sometimes, one could even be fires, haze in the air, natives labelled anti-government if one starving in the interior, an was not careful. A large number e<;onomy half of what it was a of those making the anti-devel year ago. Omens and signs, they opment/anti-government accu say, that Someone Up There is sations were politicians whose angry. Nature fighting back, say battlecry, especiaJly during eJec others. The divine mandate has tions, was (no prices for right been lifted from the "great guess) "Development! Develop leader.'' Yes, the arguments for ment! Development!" For them, the multitude of problems that no development could be bad, seem to be rutting us all at the particularly, if it made money for same time seems tempting, par their key supporters and, of Works Mi~1iste:r Samy Ve/111 : Early ticularly, the last one. After all, course, for themselves. warnit1g? isn't that what we elect them for - to provide us the basics like That largely explained the way rrumums, houses, shopping water, clean air, food and shelter, Selangor and Kuala Lumpur gal malls and hotels were a recipe for jobs? Things which they hav~ loped alpng as though there was environmental disaster, they clearly failed miserably at. no more tomorrow. It became a would have laughed :in your face matter of immeilSe pride for apart from sticking those anti-la For a long time, especially dur former Sclangor Mentri Besar bels on you. That's why; for once, ing the good, old boom years, "Mat Tyson'' that he brought so we can understand Works Min many (of us) did not believe there much development to the state, ister Samy Vellu's predicament was such a thing as over-devel so much so that he was at one when he declared that the opment. Those who spoke time deemed indispensable and Selangor gove:rnment had actu against over-developm~t- high impossible to topple. Every otl1er ally been forewarned about the ways, endless housing schemes, state - especially those in the water shortage more than half a hill resorts, island resorts - were slow-moving Hast Coast - as year ago. Development had frowned. on as anti-development. pired to be like Selangor. Even taken place at such a pace that all Thus, if one opposed the con the horrible traffic jams and de it required was a slightly pro struction of a highway linking plorable public transport system longed drought to put a squeeze Aliran Monthly May 1998: 18(4) Page 19 on consumption. Of course, the tankers. Some people will go to for the water truck to come by. Selangor authority was still on a any lengths for a little publicity That's life, as they say. Or should roll ... shortage? What shortage? even to the extent of looking like we sar- that's development! ... they probably shrilled into the a fool. face of the Works Minister. It is probable too that they thought Actually, these very politicians ***** the Minister had ganged up with are the very ones guilty of com the anti-development lobby. plicity. Waterrationing had actu Yes, the media (the wicked for ally begun one or two months eign ones, of course) are having Many of those now suffering in before the government went a field day with President Selangor think the problem was public on the move. Many people Suharto's new Cabinet, known aggravated by a lack of leader living in KL and Petaling Jaya variously as a nepotic and ship and decisiveness. By that, were puzzled when their taps cronyistic one. One, because he they mean Abu Hassan Omar, went dry without warning or ex has B.J. Habibieas his vice presi the man whom Dr Mahathir put planation. Yet, none of these poli dent; two, because he appointed in the MB's office as a stop-gap ticians had the guts to tell their his bosom buddy/golf partner measure. He seems completely constituents. So as a result, all Mohamad ''Bob" Hasan, and his lost in the water crisis. Not only manner of rumours started about daughter, Tutut, as Cabinet Min had he failed to take contingency why there was no water. Among isters. Su harto, true to form, measures upon being warned of them: water was being diverted cared not a flip for what others a shortage, he now seems con to the new Kuala Lumpur Inter might think of his actions. His fused about what to do. That is national Airport; the authorities sole consideration is to stay in the trouble about putting loyal were "reserving" the water for power, to protect his family and followers in charge. Things, in the Commonwealth Games. friends and after that comes the fact, have gotten so bad that interests of the ordinary Indone some people even wish Mat It is indeed pitiful the beating sian people. Then again, isn't that Tyson was still in charge. He may that this top-growth state has the much-lauded Asian way - have his weaknesses when it been taking as a result of its dry family comes first. Some think comes to foreign currencies but ing dams. It has even bt:en re that is the best way. lf we don't at least he was decisive and did duced to begging other states for take care of our O\\rn family, who not panic. He would not be water.lt is probable that Pahang, will? floundering about like a fish the slowcoach on the develop gasping for air, they say. ment train, must have gloated with satisfaction when it made BAPAK '' OH BAPAK! But even as people are suffering, an immediate offer to supply ~' some politicians are reaping capi water and tankers to Selangor. tal publicity from it. Several poli Likewise, this high-flying state ~ i .lpa :TuJ1kU AbduJ ticians, obscure till now, have now finds people bathing along j{,1hman? suddenly catapulted into the the roadside, washing clothes in - .. fjr!Jmf..'. Kemc~tlckw111. limelight, being photographed the river, collecting water from by the media standing beside wells and even from drains. As S i tip~i Ttm Abdul Razak? pails, buckets and basins and tak for those who dream of owning · IJ t!J' ol·: I'em lJtlll g 11111111. ing pot-shots at the Water Au a house on a hill, think again. It thority. One particular MP - she is high-lying areas which are suf lives in KL' s posh Bangsar area fering most now; they have not ~m1 pa Tun Hussc.in Onn? in a house filled with antiques been able to get a drop in weeks • · BtiJ'IIk Perpatllllw. and a swimming pool as well - because of poor water pressure '··"~ . ,•, ., -· was photographed showing caused by the rationing. Thus, ,_;$i.u~a D-r. Mahatbir "dried-out" residents of a squat the well-heeled living in bunga : .i , • J\tohamad? ter area in her constituency how lows on the hill have also been 1 , Bapai..·.Mirzau! humbled into waiting by the to fill their water containers with ..... _.. water brought in by the water road with pails and containers Ali ran Monthly May 1998: 18(4) Page 20 Is that why the joke making the age of another Barisan Nasional Nasional does every general elec rounds these days goes as such: component party - the MIC. It tion? Ministers hop all over the Tunku Abdul Rahman is Bapa used to be that MIC had the mo country in army helicopters and Merdeka, everybody knows that. nopoly on squabbles and chair vehicles. They use village halls As for Tun Razak, he truly earned throwing when it came to power and town halls at no cost for the title, Bapa Pembangunan for struggles. Apparently, the two functions arranged to the last his quite unparallelled push for parties have much more in com detail by officers from their min rural development. Tun Hussein, mon than they think although istries. They hand out goodies let's see, he was swung left and Umno may have overtaken the ranging from bicycles to fertiliser, right by King Ghaz, but was nice MIC in terms of imaginative all conveniently billed to the gov and decent. During his time, drama. ln the run-up to the last ernment. Projects in the name of nothing untoward happened -so party election, an Umno politi the government are announced. let's call him Bapa Perpaduan. cian tried to strangle a fellow Threats also in the name of the And, finally, Dr Mahathir. At one member with a telephone cord. government are issued e.g., vote time, the title, Bapa Wawasan But of course, the mother of all for us if you want a university. would have been his for sure. But dramas happened to the chap The media is used to the hilt now, well, the most apt title who lost his head to a couple of against the opposition. Kemas seems to be: Bapa Mirzan. bomohs in his bid to become and other government-em Menteri Besar of Pahang. ployed rural development work ers campaign openly on behalf of ILLY SEASON***** AG IN Meanwhile the plaintive com the ruling party. The examples plaints and whining about the are really quite endless which is It is said that very little got done use of money politics and state why Azmi Khalid's complaints in those Ministries headed by machinery that had emanated sound as hollow as an empty oil Umno politicians during the last from certain quarters of Umno drum. two months of the party's divi about their opponents smacks of sional elections. Umno ministers, hypocrisy. In one instance, the In Malacca, one of Umno's most deputy ministers and those all ACA was even brought into the famous playboys, who tried to the way down the line were all picture. In another, an incumbent make a comeback, complained wrapped up in the Umno divi divisional head was hauled up that poison letters were being cir sional elections taking place. Still, before the disciplinary commit culated against him. The letters things were not so bad as in 1993 tee for allegedly giving out pay also contained photographs of when the campaigning was so ments of RMl 00 to certain indi women. It is quite clear that his intense that some ministries viduals. Newspapers also gave history as a womaniser will re barely functioned. In fact, that wide coverage to Padang Besar turn to haunt him again and was about the only merit in Umno division chief Azmi again whatever the Prime Min Mahathir's no contest ruling. Khalid's claims that the Perlis ister or the courts may decide. Still, in areas where contests were MB' s office was being misused in Still, if someone of his reputation apparent, there have been inci the party election. Apparently, has the audacity to offer himself dents ranging from outright his opponents had issued invita for election, then he should also money politics to fist-fights. Yes, tions bearing the letterhead of the have the thickness o£ skin to Umno takes its politics seriously. Menteri Besar's office for what withstand the taunts and insults. And since, as they say, money appeared to be a private func The man also wants the police to talks, why not let the money do tion. One wishes one could com investigate and take action the talking. And if that does not miserate with the fellow except against the letter-writers. Do the work, then nothing like a little that his grouses are somehow police have to protect him from physical demonstration to talk hollow. the bedroom to the grave? sense into your opponent. Using the name of the govern Some say the distracted air of If not for anything else, the num ment, government facilities, gov UMNO bigwigs in government ber of physical flare-ups in the ernment servants, government has affected the MCA bigwigs. Umno election bolstered the im- funds - isn't that what the Barisan Every week or so finds them Aliran Monthly May 1998: 18(.4) Page 21 dancing, singing and eating at out that the reduction adds to relations. Tt is ironic that we one open air rally or another. roughly 20 per cent of the should go to the extent of flying The MCA president tells us that project cost. This sort of "funny Bosnian refugees here, put them all these rallies are to boost the thing", it was also pointed out, up in apartments and parade position of the women's wing used to be only 10 per cent. them in our national costumes, and to recruit more women into Well, it seems like even "funny but treat what are quite genuine the party. Who is he kidding? things" are not spared from in cases of political persecution by It's quite obvious that all these flation. a neighbouring state with such are a warm-up to the bigger cowardice and so little humani campaign for the coming gen ***** tarianism. eral election. If the rallies arc DIP OMATIC really that effective as a recruit BUT NOT ** ** * ment tool, the party president U ITAP 2 + 2: 5 6 OR would have been the first to ATEVER LAH! crow figures of the number of The Indonesians who sought ref women who have rushed to uge in several embassies in KL The Education Minister ap sign up. Thus, the song-dance recently learnt a tough lesson. peared rather defensive over the and-banquet strategy of the Many countries talk about hu poor percentage passes for last party president enables the man rights, lecture others for not year's SPM English paper. At a party to go from state to state practising it even, but find it a bit pass rate of 63 per cent, the En making its presence felt at quite harder to put what they say in glish paper took the rotten pa little cost. After all, people pay practice. The Indonesians, al paya award in what was other for their own dinner and the leged Achenese refugees escap wise an exceptional all-round politicians do what they seem ing persecution in their home SPM performance. According to to do so well these days - pro country, were immediately the Minister, the result should vide the entertainment. turned over to the police by the not be compared with those of Swiss, French and Bruneian Em previous years because last ***** bassies. They did not even bother year's paper was more difficult R 20 I CE to check out the authencity of the and launched into somemumbo claims. Only the United States jumbo about 1119 and UCLES. The cost of Menteri Besar of Embassy had the decency to He was simply reluctant to ad Sclangor's official residence grant them refuge. mit that our standard of English has been shaved from the origi was bad and has been getting nal whopping RMS million to There appears to be more worse for years. What is he talk a less whopping RM4.1 million. Achenese political refugees here ing about? Whichever way you According to news reports, the than the Malaysian government look at it, it was quite clear that revised amount was arrived at cares to admit. Why were they the students could not cope with after the State Tender Board kept in detention with other ille a more difficult paper and what carried out a detailed study on gal refugees? Why were they not could that mean but that their the claims made by the contrac channelled to UNHCR? In fact, standarp of English is not all that tor. Most suspicious, you say? Malaysia is strangely silent on good. It is about time that our po Definitely. Does this mean that the issue of Achenese political litical leaders admit that the En the Tender Board had been neg refugees while making much glish which most of us speak is ligent in the first instance, let noise about the persecution of not exactly English. If you don't ting unnecessary expenditure the Rohingyas and Bosnians, to believe me, just perk up your ears of close to a million ringgit slip name a few. Is it for fear of hurt each time you see a politician through? Or does it mean that mg the feelings of big brotherI COD'\e on TV during the English the contractor had made claims bully? It seems like humanitar news. You surely will believe me above the cost of the project? ian feelings for fellow Muslims then because they speak English Frankly, the whole thing still are valid only when it does not "one kind one". stinks whether it is RM900,000 involve a government with less or otherwise. Cynics pojnt whom we wish to maintain good -byNNP - Aliron Monthly Moy 1998: 18(4) Page 22 EQUAL JUSTICE FOR ALL Was the contempt of court cited in Guan Eng's case anywhere near the utter contempt the Prime Minister showed for the entire judiciary in J988? by P Ramakrishnan liran is both happy and are not new or novel questions him. But after that, no legal ac sad to participate in this which arise because of Urn Guan tion was taken against this pur llevening's gathering. Eng's case. But Lim Guan Eng's veyor of dearly false and mali case, in comparison with and in ciously fabricated accusations. We are happy to be among so contrast to other cases, is sure to many concerned Malaysians convince many Malaysians that Why was no further action who have found time to attend a all is not well with our system of taken? Why wasn't the law per forum on a current issue that is administration of justice. mitted to take its course? critical to the well-being of Ma laysian society. Loyal and fair-minded Malay Was it because the allegations sians well understand that those were trivial? But the allegations But we are also sad that the issue who maliciously publish and cir struck at the personal integrity at stake is once again the integ culate false news deserve the and morality of none other than rity of the system of administra wrath of the law if they are duly the Deputy Prime Minister who tion of justice in Malaysia. charged, fairly tried, and finally surely had no wish to be re convicted. mem bcrcd as a Malaysian Bill In particular1 we are here to raise Clinton. and to address serious questions That is a cardinal point for any which we know are questions genuine rule of law which must Was it because there was insufficient asked by public-minded and be observed under all circum evidence? But everyone, even public-spirited Malaysians stances. But has that cardinal those outside of UMNO, knows throughout the country. point been observed consistently of the surnt laynng and the writer in the recent past? Or has the re himself had confessed to the We are here to question: ality been something rather dif deed. ferent? • What is happening to our sys Was no action taken because the cul tem of administration of jus For a start, let me raise the case prit belonged to the ruling party? tice? of the infamous surnt laynng (poi You and I wouldn't really know, • Is the rule of law in this coun son pen letter) which levelled but if it was so, it wouldn't be the try equally applicable to all many scurrilous accusations at first time that the ruling party has citizens? Anwar Ibrahim. protected its own. • Is law enforcement in Malay sia conducted without fear or As we all know, the case was in Or was no action taken because favour? vestigated at length by the Attor the Attorney-General somehow ney-General's office, and by the thought that no one would care As any Malaysian who has lived police. Subsequently, they were whether justice was done, and through the Malaysian judicial able to identify the writer and seen to be done, in this shameful crisis of 1988 would know, these even extract a confession from case? Aliran Monthly May 1998: 18(.4) Page 23 Let me remind you what the At election in Sabah. But after he • they make Malaysians ques torney-General said in another was elected on the PBS ticket, af tion if law enforcement is instance when another surat ter he deserted the PBS, and af presently conducted without fayang, which made 112 allega ter he joined the Barisan fear or favour. tions of abuse of power, corrup Nasional, all charges against jef tion, misconduct and immorality frey Kitingan were dropped. For the record, we in Aliran have against 12 judges, was circulated always counted ourselves among Were Jeffrey Kitingan, the High the true friends of the Malaysian Before the police identified the Court judge, or the anti-Anwar judiciary. When the judiciary en writer or writers of this surat Ibrahim surat layang writer all countered its worst crisis in 1988, layang, the Attorney-General guilty? we stood with Malaysians from promised to ferret the culprit or all walks of life who strenuously culprits out and bring them to Strictly speaking, we shall never defended the judiciary. justice. know because none of them was tried in court. And none of them Certainly we will have no truck In fact, on 15 March 1996, the was tried because the Attorney with malicious attacks against Attorney-General righteously General, for reasons best known the integrity of the judiciary and declared that: to him, chose not to pursue the of individual judges. cases in court. it is my duty and responsibility to Even so, we hold that civil soci ensure that tile judiciary and the le Yet other Malaysians have been ety has a right to make a public gal profession be cleansed of these tried on charges of spreading and honest, if dissenting, com treacherous elements who, by their false news, and on charges of cor mentary on any JUdicial decision. vile, insidious, devious and settrril ruption. Many have even been All Malaysians, including our ous allegations in this pamphlet, had detained under the Internal Se learned judges, must not confuse sought to undermine the integrity curity Act without being for such commentary with a mali of the judiciary and the administra mally charged or tried in court. cious attack on the judiciary. tion of justice in this country. Against this background, Lim Our learned judges would be Brave words and a strong prom GuanEng's prosecution, convic correct to interpret an assault on ise. tion and sentencing make many the judiciary as an act of con Malaysians worry about the glar tempt of court. But they must I3ut what actually happened ing inconsistcndes in the way the themselves defend the right to when subsequent investigations Attorney-General's office de comment as a fundamental prin showed that the writer of this cides who should be prosecuted ciple of the rule of law under de surat layang was a High Court and who can be exempted from mocracy. judge? prosecution. Such a distinction has become Nothing further happened - ex These inconsistencies feed critical to any honest, public ap cept that the High Court judge rumours and public suspicions of praisal of Lim Guan Eng's case. was allowed to resign quietly, political interference at the high and the Attorney-General est levels - so much so that: Lim Guan Eng's case arose out stopped talking about the case. of another case involving the al • they make Malaysians ques leged statutory rape of an under Let me cite one final case - the tion the integrity of our sys age girl in Melaka. The handling case of Jeffrey Kitingan, formerly tem of administration of jus of that case of alleged statutory aParti Bersatu Sabah leader, and tice; rape has been so unsatisfactory brother of former Sabah Chief • they make Malaysians ques as to disturb the conscience of Minister, Joseph Pairin Kiting an. tion if the law no longer ap most Malaysians. plies equally and without dis Jeffrey Kitingan was charged crimination against all Malay Most Malaysians continue to ask: with corruption before the 1994 sians; and How can it be just that several Ali ron Monthly Moy 1998: 18(4) Page 24 ordinary men were charged with in 1988, let us not forget that the for that kind of scrutiny. statutory rape of the girl whereas Prime Minister had never had to one powerful politician - whom suffer any penalty for his assault But that is besides the point. the girl named in open court as on the Malaysian judiciary. having had sex withner- was not Malaysians themselves, because prosecuted? But must lesser people in this of what they remember of the country suffer greater penalties past, and what they know is at Under these circumstances, Ma for smaller misdeeds than those stake in the future, must view laysians - especially those who committed by the Prime Minis with dismay the present condi belong to the legal profession, ter? tion of the system of administra and, indeed, our learned judges tion of justice, which has left themselves - must ask whether We are not just talking of the past. them in doubt about the integrity the contempt of court cited in Other serious and controversial of that system. Lim Guan Eng's case came any cases involving allegations of li where near the utter contempt bel, defamation, and false news We, therefore, call on all honest the Prime Minister showed for are pending before our courts. and just-minded Malaysians to the entire judiciary in 1988. press for a system of administra Some of these cases have placed tion of justice that truly gives As we gather to commemorate the Malaysian judicial system confidence that justice will be the 10th anniversary of the dis under international scrutiny. We done and seen to be done for all missal of the Lord President and know that the political leader Malaysians, equally, and under two judges of the Supreme Court ship of this country doesn't care a 11 circumstances. 0 A SICK JOKE by Dr Jomo K. 5. I was abroad when I first heard panies now insist on clauses in members but is otherwise quite about the Court of Appeal's de contracts providing for arbitra unaffected by the scandal lead cision regarding Guan Eng's tion owing to the general decline ing to his resignations (as Chief case. I thought it was an April in confidence in the judiciary. Minister and UMNO Youth Fool's Day joke and refused to Recent judgments on commercial Head) a couple of years ago, Mak comment to various journalists cases are bound to further under Cik Pendek, her granddaughter who contacted me then. Unfor mine confidence in the Malay and Guan Eng have been treated tunately, the sick joke is on Guan sian judiciary and thus discour by the authorities as the villains Eng and all of us who treasure age new investments. We cannot of the piece, rather than as the justice in this country. blame the foreign media alone victims that they are. for the lack of international con With the benefit of hindsight, the fidence in the rule of law in Ma Like the rest of the world which decision may not be all that sur laysia. is watching, all fair-minded Ma prising. Since it is now generally laysians- regardless of party af agreed that the priority of the day The specific matters involved in filiation- are really outraged! in the aftermath of the currency, Guan Eng's case only underscore financial and economic crises is the grave injustice of the situa confidence restoration, the deci tion. In contrast to Rahim Tamby Ttnito K. s. Is Profasor sion is most shocking. It is well Chik, who was resoundingly de of &o•o•dc• i,. known that not only foreign feated in his recent attempted llldwtrliti ~ firms but even Malaysian com- comeback by his own party Ali ron Monthly May 1998: 18(4) Page 25 DEEPLY DISTRESSED No one w ill whack the Judiciary il judges make decisions that prove they are capable ol standing up lor what is right by Dr Chandra MuzaHar comment on matters of public tenced to imprisonment for pro interest. The Rahim Tamby Chlk tecting the right of an underage episode was a matter of major girl allegedly raped by a politi public concern. cian with a certain reputation. That significant segments of the Two, a Member of Parliament in UMNO membership have grave particular, as an elected represen reservations about this politician tative of the people, has a duty and his conduct is borne out by to speak up on issues that con the fact that the rank and file in cern the public. The performance the party have rejected on at least of this duty is one of the pillars two occasions attempts by Rahim on which the system of parlia to get back into mainstream mentary democracy is founded. UMNO polihcs. It shows that there are times when ordinary t is a pity I cannot join Three, Guan Eng's interpretation UMNO member:. have more you in your roundtable of the Rahim episode was, in sense than some of their leaders. g discussion as I' ll be many respects, an accurate reflec away in the United tion of public perceptions of how Five, the Guan Eng case has States from 13 April till the end the law was being applied. He also brought to the fore the of the month on a lecture tour was, in that sense, articulating a question of the judiciary and its that'll take me from Los Angeles widely-held view. relationship to society All that to New York. I'll say is this: No one will Four, it is wrong of the Prime whack the Judiciary if judges I am deeply distressed by the Minister to compare the Guan make decisions ,.,·hich prove comments made by various per Eng case to instances in the past that they are capable of stand sonalities in connection with the and the present where our ing up for what is right and of Lim Guan Eng case. These com Courts have found government opposing what is wrong. It is ments violate truth and justice leaders guilty of various types of time that the Malaysian Judi for a number of reasons. wrongdoings. Being convicted ciary did some deep soul by a court of law for corruption searching. A Judiciary that can One, in a democracy it is the fun or embezzlement or murder is not defend justice cannot pro damental right of any citizen to surely not the same as being sen- tect the rights of the people. ::l In a democracy it is the fundamental Dr. Chandra MuZilffar is President of the Interna right of any citizen to comment on tional Movement for a maHers of public interest Just World Ali ran Monthly May 1998: 18(4) Page 26 STAND UP AND BE COUNTED They can jail my &ocly but never my soul ancl conscience Chik sex scandal is about justice - no longer need to tape their or the lack of it for an underage speeches. girl who was a victim of statutory rape and who was yet detained 1 will not bow before such wide by the police whereas the suspect abuse of powers. r have no regrets was never detained. This is a because all of you here have gross violation of the rights of not shown me that what I have done only the girl in question but also is right. They can jail my body but women in general. Where in the never my soul and conscience. world but in Malaysia will a rape They can even bankrupt me fi victim be detained whereas the nancially but never my dignity suspect is set free? We cannot be and honour. am moved by everyone proud but should feel ashamed if here tonight, not just by our leaders protect the suspect My final wish is for more Malay g the distinguished but not the rape victim. sians to come forward to show panellists of intellectu that truth and justice are still im ally gifted and prominent Malay Was I not speaking the truth in portant in Malaysia. The Govern sians with a social conscience every Malaysian heart when I ment must realise that they can gathered today to express sympa spoke up and fought for the girl? not "kill off" Lim Guan Eng, be thy, support and solidarity with 1 was not fighting for just the girl cause there will be hundreds of me but also by ordinary Malay but for every woman and right people waiting to replace Lim siaiJs like all of you who found it minded person in Malaysia. For Guan Eng. The struggle for truth worthwhile to do so. that I was jailed for three years. and justice will only succeed if people are willing to stand up and I am even more moved that you I want to say here that I will not be counted. are here not just because of Lim be cowed. Twill still fight on even Guan Eng- Lim Guan Eng is not for the remaining six months I My jail sentence is not important. important - but, more impor have left- because truth and jus What is important is if T know tantly, because you all share the tice are principles worth fighting there arc many more like-minded same ideals and vision that 1 am for, worth going into prison for. Malaysians who will continue the going into prison for: the simple struggle I am forced to leave be ideals and principles of truth and 1 want to fight because I believe I hind. We must right wrongs, cor justice. That is why the distin am innocent. Tstill cannot under rect injustices and restore truth in guished panellists are with us to stand how I can be found guilty our country. I wish to end by night here not as DAP members of sedition when the police could thanking you sincerely from my and supporters but as Malaysians not produce a tape recording of heart for giving me the opportu with a conscience and a love for my seditious speech. Even Court nity to serve truth, justice and the truth and justice. of Appeal judge Gopal Sri Ram country I love so deeply from my asked the DPP why they could heart. Q The overwhelming response of produce a tape recording in the the people in Kuala Lumpur de 1960s for sedition charges but not in the 1990s. And yet, Twas con spite the short notice shows that Lim Guan Eng is MP for Kota victed for sedition. the Malaysian Government is Melakll. He w as recently sen wrong: there are Malaysians out tenced to 36 months' jail for This sets a very dangerous prece there who still care about truth publishing "false news" and for and justice. dent- because, from now on, the "sedition". police can frame anyone for mak My case on the Rahim Tamby ing a seditious speech since they Aliran Monthly May 1998: 18(4) Page 27 JUDICIAllY NOT BEYOND CRITICISM It is only the arrogant, the insecure and the immature who will resort to coercive measures to extract respect by Param Cumaraswamy partiality. 1993. In para 27, the 171 States present including Malaysia de The guarantees include clared: the judges' security of tenure (they cannot be Every state should provide an effec removed except for con tive framework ofremedies to redress duct deemed by law as human rights grievances or viola conduct unfit for office. tions. The administration of justice Even then it must be by including law enforcement and a special mechanism prosecutorial agencies and, espe provided by law); the cially, att independet~t judiciary provision for a later retirement and legal profession itt full con et me this evening say a age and protet.tiou ctgctin:.t arbi formity witlt applicable stan few words on judicial trary reduction of their salaries. dards coutai11ed in international g independence and judi Under the common law system 1wmau rights instrumetJts, are cial accountability. they are vested with the power essential to the full and non-dis- . of contempt of court. They fur criminatory realisation of human The principle of separation of ther enjoy absolute immunity rights and indispensable to the pro powers in government is the bed from legal process in the dis cesses ofdemocracy and sustainable rock of a democratic state based charge of their office as judges. developments- (writer's emphasis) on the rule of law. The judicial power is one of the three powers All these guarantees are pro The right to an independent ju of such government. It is pursu vided and entrenched to protect diciary and a legal profession ant to this power that justice is the independence and impartial is the right of all the consum dispensed in disputes not only ity of judges and the indepen ers of justice. It is neither the between citizens and citizens but dence and integrity of the courts. right nor the privilege of judges also between citizens and the It is the presence of an indepen and lawyers. This is often not government and its agencies. dent judiciary in a democratic well understood. It is the pro Hence the need to vest this judi government which distinguishes tective right of all human cial power in a mechanism inde that system from a totalitarian rights. Abrogation or dilution pendent of the legislative and one. of this basic right will result in executive powers of the govern the abrogation or dilution of all ment with adequate guarantees The importance of such an insti other human rights. In coun to insulate it from political and tution in a democracy was reit tries where the judiciary is other influences in order to se erated in the Vienna Declaration weak, compliant or subservi cure its independence and im- and Programme for Action in ent, human rights are invari- Ali ran Monthly May 1998: 18(4) Page 28 ably denied or suppressed. before them or to send signals to went on to say that the judge .lucllclal society at large in intimidating undermined public confidence in and threatening terms, thereby him and strongly contributed to Accountability undermining other basic free destroying public confidence in Accountability and transparency doms like freedom of expression. the judicial system. This recom are the very essence of democ mendation went before the full racy. In a democracy not one When judges resort to such con Judicial Council headed by the single public institution - or for duct, they lose their judicial de Chief Justice. By a majority of 22- that matter even a private insti corum and eventually their insu 7 the Council recommended to tution dealing with the public - lation from the guarantees for the Minister to move Parliament is exempt from accountability. judicial independence. They for the removal of the judge. The Hence, the judicial arm of the open the door for public criticism judge eventually resigned. government too is accountable. of their conduct and bring disre However, judicial accountability pute to the institution. That could This case is illustrative of the is not the same as the account lead to loss of confidence in the point that when judges deviate ability of the executive or the leg system of justice in general. Re from their constitutional role of islature or any other public insti spect for the judiciary cannot be adjudicating disputes indepen tution. This is because of the in extracted by invoking coercive dently and impartially and get dependence and impartiality ex powers except in extreme cases. into a tirade and give vent to pected of the judicial organ. The judiciary must earn its re their personal prejudices and spect by its own performance make disparaging remarks even Judges are accountable to the ex and conduct. to the extent of intimidating so tent of deciding the cases before ciety, they can rightfully be sub them expeditiously in public (un No doubt judges too have free jected to the wrath of the public, less for special reasons), fairly dom of expression. But in the leading if necessary to their re and deliv~ring their judgments adjudicating process, they must moval. promptly and giving reasons for be circumspect with their words their decisions; their judgments to maintain their objectivity and Contempt powers meant to ex are subject to scrutiny by the ap impartiality. tract respect for the institution of pellate courts. No doubt legal the court should not be invoked scholars and even the public in Let me give you an example of to shield the idiosyncrasies of cluding the media rna y comment an incident in Quebec, Canada. particular judges. That would be on the judgment. If they miscon In 1996 a Supreme Court Judge, tantamount to abuse of power. duct themselves, they are subject in dealing with the sentencing of Judges who are quick to invoke to discipline by the mechanism an accused woman found guilty contempt powers do a disservice provided under the law. Beyond of second degree murder in the to the majesty of the law and to these parameters, they should death of her husband, berated a the dignity of the court. not be accountable for their judg jury and made insensitive re ments to any others. Judicial ac marks about women and Jews. Here it is well to be reminded countability stretched too far can of the wise words of Lord Den seriously harm judicial indepen Those remarks caused an enor ning in the 1968 Quintin Hogg dence. mous controversy in Quebec. contempt of Court. case. Many including the media called Quintin Hogg who later be However, it must be stressed that for the removal of the judge. came Lord Hailsham and a the constitutional role of judges Women's rights associations cre Lord Chancellor of England is to decide on disputes before ated an uproar. The judge did not made a scathing attack on the them fairly and to deliver their resign. The matter went before Court of Appeal over its earlier judgment in accordance with the the Canadian Judicial Council. decision in an article published law and the evidence presented in the Punch. In his judgment before them. It is not their role to By a majority of 4 to 1, the Inquiry to dismiss the application to make disparaging remarks about Committee of the Council found commit Quintin Hogg for con parties and witnesses appearing the judge unfit for office. They tempt, Lord Denning said: Aliran Monthly M.ay 1998: 18(4) Poge 29 Let me say at once that we will neuer to be independent. In short the use this jurisdiction as a means to judiciary is not beyond criticism. MAHAIHIR& uphold our own dignity. That must An independent judiciary should THI JUDICIARY rest on surer foundations. Nor will not fear criticism. we use it to suppress those who speak Since late 1987, Prime against us. We do not fear criticism, Let me conclude with a piece of Minister Mahathir has is nor do we resent it. For there is some advice for Guan Eng. It was in sued a series of public thing far more important at stake. It fact a piece of advice given to me statements critical of the is no less thnn freedoin of speech it in India in 1985. As some of you judiciary. He has not only self. It is the n"ght of euery man, in may remember, I then stood questioned the judiciao/s Parliament or out of it, in the Press charged with sedition. In Sep prerogative in adjudicat or over tlle broadcast, to make fair tember 1985 while on bail, I was ing cases concerning state comment, euen outspoken comment, in New Delhi attending the power, but has publicly on matters of public interest. Those LAWASIA Conference. At are questioned the integrity who comment call deal faithfully ception, the then Chief Justice, of judges who have ruled with all that is done in a court of Justice Bhagwati, introduced me against the government in justice. They can say that we are to a group of his colleagues from such cases. These state mistaken, and our decisions etrone the Indian Supreme Court. He ments have created im ous, whether they are subject to ap told them that T was then facing proper pressures on peal or not. All we would ask is that a charge of sedition. judges with respect to tlwse who criticise u.s will remem cases concerning public ber that, from the nature of our of They all looked aghast. "Do policy issues. This is con fice, we cannot reply to their criti people still get charged for sedi trary to standards of inter cisms. We cannot enter into public tion?" asked the Law Minister, national law, including controversy. Still less into political A.K. Sen, who was among the the UN Basic Principles, controversy. We must rely on our group. He then said, "It is the conduct itself to be its own vindica most noble offence to be charged which set out that the ju tion. Exposed as we are to the winds with. But you must see to it that diciary shall decide mat of criticism, nothing which is said you are convicted and go to ters before them "without by this person or that, nothing which prison - only then you will rank any restrictions, improper is written by this pen or that, will a.rr\ong the greats like Tilak and influences, inducements, deter us from doing what we believe Gandhi." pressures, threats or inter is right. (Blackburn (No.2) ferences, direct or indi Exparte R. vs. Metropolitan Po I said, well, I don't want to be a rect, from any quarter or lice (1968) 2 All E.R.319 at 320). Tilak or a Gandhi and I don't rel for any reason." ish going to prison. I was acquit Those words reflect judicial hu ted by an independent court. Source: mility, maturity, confidence and integrity. It is only the arrogant, Guan Eng, J don't want to see the insecure and the immature you in prison. I am sure all of us who will resort to coercive mea present here will stand up and be sures to extract respect. They do counted with you; not because enormous harm to the altar of you are DAP or because you are justice resulting in the erosion of not in the ruling party - but sim public confidence in themselves ply because we believe in the and the entire system of justice. cause you stood up for. 0 As the right to an independent justice system is that of the Param Cumarasfoamy is the people, it is their right to speak United Nations Special up, faithfully in temperate lan bpporleiU' on th::_oidqm- j guageand without malice, when denceofJudgesand~~ that system is not seen by them Aliron Monthly May 1998: 18(4) Page 30 their properties and their own safety and the safety of their loved ones. However, they would need more tools than mere slogans. They need to be mobilized for system atic and effective vigilantism to complement the efforts of the police. The police are equipped with an impressive armoury of laws against crime. But laws are of little use if they are not properly enforced, and proper enforce ment is often impossible when and where there is a shortage of personnel. Letters should preferably be no more than 250 words and must in clude the writer's name and address. Shorter letters will be preferred Lastly, despite the Information and pseudonyms may be used. Letters should be addressed to The Minister's previous repeated Editor, ALIRAN MONTHLY, P.O. Box 1049, 10830 Penang, Malaysia. promises to the contrary, why is Views expressed need not necessarily reflect those of Aliran. crime and violence still being freely and daily portrayed and REDUCING CRIME: need no reminder about the soar even glorified on our TV chan SLOGANEERING ing crime rate in the country - nels? NOT ENOUGH from 75,976 cases of index crime (combination of violent crime Fan YewTeng According to The Malay Mail (26 and property crime) in 1994 to Ipoh February 1998), Lee Lam Thye, 121,176 cases in 1997. Vice-Chairman of the Malaysian POS MALAYSIA Crime Prevention Foundation, It is disappointing and pathetic BOLEN? announced that the foundation that all the Malaysian Crime Pre (A Letter to the CEO of Pos Malaysia) has launched a nation-wide cam vention Foundation can suggest paign to instil public awareness to combat crime is to advertise Lately, I found it difficult to buy on helping to reduce crime. some slogans. If sloganeering stamps from bookshops nearby, alone was effective, we would because they could not get sup According to Lee, the have reduced significantly, if not plies from you. Early this week, foundation's slogan - "Crime solved altogether, our drug abuse I sent my boy to buy stamps from Prevention Is a Collective Re problem, our soaring road-acci your lpoh Road (5th Mile) office sponsibility" and "Prevent dent fatality rate, and our climb and was shocked to hear no Crime: Protect Our Properties" - ing industrial-accident fatality stamps were available except for will be displayed on billboards, rate long ago, after millions of 50 sen ones. construction site hoardings and ringgit had been spent on such advertisements. advertisements on television and I wonder if this is your response elsewhere. to a report about postmen dump The messages are to educate and ing letters. No stamps, no letters to remind the public that they can It is naive to think that the pub and hence no more neccesity to also help reduce crime. lic do not realise that they can dump letters! also help reduce crime. Of course Of course, the public can also they can, and they should, for, You don't seem to care much help to reduce crime, but they after all, it is in the interest of about your services to the public Ali ran Monthly May 1998: 18(.4) Page 31 and do whatever you want since will find that there are many un youhaveenjoyed a monopoly of fortunate citizens in this country running a profitable postal busi who need hard cash for more ness - like other privatised com pressing needs: for heart surgery, panies. This is the main problem kidney transplants and cancer of Malaysia's privatisation treatment. In many cases, young policy. Who is to blame? children can't go to school due to their parents' inability to provide A Poor Letter Writer financial support. We have seen Kuala Lumpur these people going around beg ging for money for their needs. WESTERN SHARE MARKETS RM5 million could have helped PROPPED UP? these poor souls in dire straits. It could have helped in providing I would like to share some infor at least 200 low-cost houses to mation with you on the share low-income wage earners. It markets of the world. Selangor Menteri Besar could also have been used to up grade poorly equipped govern On 8 December 1997, I had an was shocked and appalled by the ment hospitals. In short, the RMS interesting discussion with a fi cost of the renovation to the rrtillion could have gone a long, nancial analyst on the prevailing Selangor Menteri Besar'~ offidc:tl long way towards helping those econorrtic downturn, particularly residence. who truly needed aid. the depressed share markets in Asia compared with the markets It is very, very wrong timing for Clairrting to take full responsibil in New York, London and West the Selangor state government to itydoesn'tjustify anything; shed ern Europe. have spent so much money in ding tears doesn't prove any renovating the residence. Even thing either. The pomt is, even if According to my friend, the high when the country's coffers are the renovation was approved by share prices in the West are arti full, to spend a fortune on reno the exco, the Mentri Besar him ficial and they are purposely vations is truly ridiculous. self could have checked the list propped up to sustain the global of items and asked for an expla financial system. If the trend of I am not against the idea of reno nation. After all, he said he came low share prices in Asia is re vating or making the house more from a poor family. For someone peated elsewhere, the global fi conducive for the Mentri Besar to canting from a poor family, he nancial system would collapse live in. But it has cost the coun should have thought twice about and there would be chaos every try about RMS rrtillion, which is spending RMS million to reno where. really a colossal sum. Even if the vate an official residence. house was in a shambles as It is a fascinating theory and per claimed, it doesn' t justify that Politicians are supposed to set an haps you will discuss this hy kind of expenditure. example to the rakyat. Yet, they pothesis with economists and don't practice what they preach. draw certain conclusions from it Imagine the houses we live in. The people who elected these by publishing the result in Aliran Ordinary low-cost terrace houses politicians still live in desperate Monthly. - can we also describe their con conditions. But the politicians dition as "in a shambles"? How spend the people's hard-earned A Concerned Citizen do we describe the squatter money living in luxury. If top Kuala Lumpur houses occupied by many unfor government leaders are sup tunate people in this country posed to serve the public, why POLift ClANS even after forty years of indepen should they be provided man SHOULD UVE SIMPLY dence? sions? Isn't a semi-detached house sufficient to meet their As an ordinary wage earner, I [f we listen to the local media, we demands? Aliron Monthly May 1998: 18(4) Page 32 Our leaders must be dean and be in "recognition of his distinctive ing forest fires and the loss of seen to be clean. A sense of ac contributions to the chemistry valuable rainforest resources to countability must be seen. Can profession.... During the presen the Indonesian authorities. the Selangor government pub tation, CIM president Dato' Dr licly display the renov~ tion Mohinder Singh cited Law's Perhaps the "gold medal" would items, the cost and countries of great concern for the state of en have been earned if Law had origin of the materials used, and vironment both at the national pushed the Indonesians and the criteria for approval by pub and international levels and his other ASEAN governments to lic officials? (Remember UMNO personal involvement in the pro activate and substantively sup Baru leaders gave every detail of motion of science and technology port and implement theASEAN make and cost of marble, furni among students and the general Environmenta I Disaster Mitiga ture etc running into millions of public." tion Plan following last year's di ringgit with regard to the new saster! Perhaps, Law would have UMNO building when they Can anyone imagine any more earned the "gold medal" if he wanted to denigrate Tengku pathetic media spin-doctoring? had been more active in dissemi Razaleigh, the one-time UMNO nating health and safety informa treasurer who was then President U last year's and the current re tion and distributing equipment of5emangat46?) This will allow emerging "haze" situation in to the Sarawakian public last the people to see if their money Sarawak (a.k.a. an environmen year and this year too! was wisely spent. tal disaster by any other mea surement except Malaysian) is The CIM award just confirms to After all, the money spent was any indication of Law's commit me and to millions of other think the people's. Let them decide if ment and contributions to the ing Malaysians that we are far it was necessary. state of the environment, then it from being a mature country is obvious that the ClM and its moving towards developed Manoharan Balan President, are quite clearly out of country-status. Instead of focus Seremban touch with reality. ing on substantive issues, we just pander to ineffectual media-lov Either that, or the CIM has not ing politicians. LAW'S GOLD MEDAL the slightest clue what environ mental preservation is all about. A pity and a pathetic award if Alternatively, one could also sur you ask me, especially when the mise that the CIM is probably API hit about 900 last week in cosying up to the Minister and Miri. his ministry as perhaps part of a larger political lobbying strategy, "Gold medal" indeed! all pretty valid and legitimate of course. Abang Benet Kuching But what grossly vulgar timing, not to mention their ineptitude WE HAVE THE MSC • in gauging public and especially BUT NO WATIR Sarawakian sentiment on the continuing environmental disas Dr Ibrahim Saad's directive that ter in Sabah and Sarawak that is the urgent concern is to ensure euphemistically referred to as the that residents receive water "haze problem". (rather than the announcements lAw HieTig Ding of plans to build dams and treat I note with regret a report in the Perhaps the "gold medal" would ment plants) is greatly appreci Sarawak Tribune (28 March) have been earned if Law had ated by all those suffering from about the conferring of a gold publicly represented the views of water woes in the Klang Valley. medal to LawHieng Ding by the ordinary Malaysians on the en However, the Works Ministry's Chemistry Institute of Malaysia vironmental disaster, the on-go- proposal to submit a report on Aliron Monthly Moy 1998: 18(4) Poge 33 the current situation to the Cabi part, benefited only vested inter with "maliciously printing" a net falls far short of the action ests including recipients of pamphlet allegedly containing expected of a "caring society". privatised projects? W11en rel "false information" about the case. evant NGOs brought up the ad It is. regrettable that in Malaysia, verse effects of "deforestation'' to The High Court originally con ifa solution to a problem is to be the attention of the authorities, victed Lim Guan Eng in 1997, found, it has to be initiated by the they were regarded as anti-na imposing a fine of RM15,000 (ap Prime Minister himself or his of tional. proximately US$6,000) which fice. Many homes were without would have been sufficient to a drop of water for over ten days. In view of the water situation and disqualify him from parliament. This was happening when we the return of the haze, this time Apparently not satisfied with were planning to drop Malay as a result of our own forest fires, this, the Malaysian authorities sians on the North Pole and shak is there any justification for the then appealed the High Court's ing hands with Bill Gates at the pronouncement frequently aired judgment asking for the fines to entrance to the Multi-Media Su over TV viz "Malaysia is a nation be replaced by two concurrent per Corridor! whose growth has been carefully custodial sentences, amounting shaped and guided by a strate to three years in prison and call Apparently, the Water Works gic five-year development mas ing on the Court of Appeal not Department did not come up ter plan"?! to grant bail. with measures to ease the water shortage during the present dry D DDevan Amnesty International is con spell because it knew that Kuala Lumpur cerned that the government con Puncak Niaga would soon be as tinues to use an array of restric suming the major responsibilities LIM'S SENTENCE tive legislation, like the Printing of water supply. lsn' tit the duty POLmCALLY Presses and Publications Act, in of the Works Ministry to hand MOTIVATED an arbitrary and selective man over a fully operational system ner. The case against him ap to Puncak Niaga? Amnesty International protests pears to reflect a desire not only the decision by the Court of Ap to detain and silence a prominent Even Puncak Niaga cannot guar peal in Kuala Lumpur to sen critic, removing him from partici antee uninterrupted supply of tence opposition parliamentarian pation in public life, but also to water if the problem of river pol Lim Guan Eng to three years' im deter others from the expression lution is not tackled. River pol prisonment on charges which the of dissenting opinion. lution is the result of various fac organisation believes to be politi tors beyond the control of cally motivated. If the custodial sentences are sub Puncak Niaga; for example, the sequently upheld by the Federal waste water input into the rivers Lim Guan Eng, a member of par Court and Lim Guan Eng is im is carried out by IWK, another liament for Kota Melaka (Mal prisoned, the organization would privatised body. The proposed acca) and Deputy Secretary-Gen consider him to be a prisoner of National Water Board may be eral of the opposition Democratic conscience, imprisoned solely for able to get the various parties to Action Party (DAP), went on trial expressing his political views. cooperate and resolve this prob in January 1996. He had been lem, but should it not have been charged under the Sedition Act Amnesty International regrets formed before privatising the with "prompting disaffection with that the Court of Appeal chose to water supply? the administration of justice" after interpret the law in a manner that he publicly criticized the Malay in effect, risks a further erosion While it is easy to blame dry sian Government's handling of of the right to freedom of expres spells andElNino, could not the allegations of statutory rape sion in Malaysia. The organiza reason for the lack of water be made against the former Chief tion is calling for his conviction attributed to the denuding of for Minister of Malacca, Rahim to be overturned. ests especially around catchment Tarnby Chik, in 1994. He was areas - ostensibly for 'develop also charged under the Printing Amnesty lnternatio1Ull ment' but which, for the most Presses and Publications Act London Aliron Monthly Mctt 1998: 18(4) Poge 34 BLOW TO FREEDOM - in which the Court of Appeal necessary. OF EXPRESSION chose to interpret the law in a manner that would further erode According to the news, a few Suaram protests the sentence of the right to freedom of expres blocks at Semenyih camp were 36-months' imprisonment sion in Malaysia - is regrettable. burnt down. The public should passed on opposition parliamen be told where the detainees are tarian Lim Guan Eng. Suaram hopes the Federal Court now being kept. will uphold the freedom of ex This is another case which illus pression and the independence It is good that patrols along the trates the lack of freedom of ex of the judiciary by dismissing all coasts of West Malaysia have pression in Malaysia. We believe charges against Lim. been stepped up to deter new the charges against Lim and his migrants from landing. harsh sentence are politically mo R Sivarasa tivated. His sentencing will ef Suaram However, the raids within the fectively remove his participa country should be stopped im tion from public life and deter mediately. There are many mi others from expressing dissent DETENTION CENTRES: grants who have been re ing opinions. MONITORING trenched without any benefits MECHANISM NEEDED and who want to return home We are also shocked that a re but are unable to afford the spectable member of parliament, The recent incidents at deten compound fees. The com Lim, was incarcerated overnight tion centres are most distress pound of RM30 per day up to a because of the lateness of the ing. The incidents would not maximum of RM3,000 for over court sentencing. Surely he have happened and lives staying should be waived to could have been allowed to be would not have been lost if a allow many to leave the coun free until he could post bail the little thought had been given to try. next day. the logistics of accommodation, food and water before the ag It would cost more than the com It is unfortunate that the Court gressive raids against the ille pound fee to carry out the raids, of Appeal has seen Lim's state gal migrants were carried out. to arrest illegal migrants, to ments as criticism of the judiciary The camps were already charge them in court, and to pro when it ought to be that his criti crowded and the sudden influx vide food, shelter and security cism was levelled against the At of large numbers would have for them in lock-ups, prisons and torney-General for not prosecut further crowded the camps and detention camps. ing Rahim Tamby Chik and the reduced the individual's share police for the custody of the un of space and food. This over The International Red Cross derage girl. crowding itself would have and UNCHR officials should be caused a lot of tension for the allowed to visit the camps. Even if his statements were criti detainees and increased stress They should be free to talk to cal of the judiciary, surely such among enforcement officers. the detainees to determine if criticism is permissible in a civil they are economic refugees or society, which respects freedom A thorough investigation should otherwise. of expression. The judiciary be held to determine the cause of ought to be able to live with criti the incidents so that they will not If the detention camps are here cism from society regarding the recur. A full report for each camp to stay, then the Home Ministry manner that it operates. In fact, should be made public giving should establish a monitoring anywhere else in the region, the details of the actual number of mechanism and an avenue for judiciary has been subjected to deaths and casualties, the num workers and organisations to far greater criticism, yet it is able ber of men, women and children make complaints regarding de to operate in an independent involved and their countries of tention centres. manner. origin, and whether all the casu alties were given medical treat Irene Fernandez The effect of yesterday's decision . ment and hospitalized where Tenaganita Aliron Monthly May 1998: 18(4) Page 35 FOREIGN WORKERS FIND EL DORADO NO CITY OF GOLD he world's tallest build Take Thailand. The government Employers have often complained ing-Malaysia's has vowed to deport one million that they need to import labour g Petronas T'win Towers migrant workers by year end. because local workers refuse to couldn't be built without work in certain jobs. True, these them. Nor the network of sport If that is considered a mammoth, migrant worken. do the work nor complexes where athletes will if not impossible undertaking, mally shunned by locals-those compete in the showcase Com Malaysia has a far greater task at which are dirty, difficult and dan monwealth Games in Kuala hand. Almost one-fifth of its gerous. But these jobs are precisely Lumpur. Likewise in Thailand, workforce-about two million dirty, difficult and dangerous be without their brawn and sweat, are migrant workers, mostly from cause employers find tt far cheaper Bangkok's spanking new Indonesia and Bangladesh. When to import workers than to ensure Chalermphrakiart stadium would the economy was booming, they that working conditions are safe miss its date with the Asian Games were welcomed-some legally, and the wages attractive enough this December and our vibrant many illegally. After all, extra for the locals. fishing industry would be stuck in hands are desperately needed to port. tend the plantations, keep factories Not surprisingly, countries which running and build dream mega import labour are often also labour They are the millions of men and projects. In those heydays, import exporters. Thai workers, for ex women, and a good number of ing cheap labour itc;plf was a ample, seek jobs in Taiwan and Ja children, who leave grinding pov growth industry and some politi pan, even in boom times; they find erty in their homelands in search cians made fortunes bringing in that the discomfort of working in of El Dorado. Few, however, find these workers. a foreign land with alien mores and that fabled city of gold. Instead, a hostile environment far outweigh they find themselves marooned in Now that they are no longer conditions at home. a foreign land, victims to the worst wanted, these same politicians are kind of abuses -low pay, horren resorting to strong-ann tactics to Surely, the import and export of dous working conditions, unsani remove them-resulting in the cheap labour cannot be long-term tary living quarters, seizure of their botched operation to deport 500 In solutions to our economic woes travel documents, sexual assault donesians last month in which the social cost alone ts too high. especialJy for those working as do nine people were killed. Yet more When the economy recovers, the mestic helpers and those duped came. Indeed, who can blame government may do well to recon into the sex industry. Some never them? All they know is that they sider the policy of relying on cheap make it home. were welcomed before; they know imported labour That includes im not of the currency turmoil or proving working conditions and They are the hands that tum the George Soros. investing in new technology. economic wheel and keep Asia's growth engine humming. When The Malaysian authorities, at a Otherwise, a new generation of the tiger economies were roaring, loss on how to stem the flow of foreign workers will be exploited they were deemed indispensable. workers, used their standard and made scapegoats. And this be Yet their contributions were rarely measure in handling trouble cause of short-sighted government recognised or duly appreciated. some problems-the draconian policies in grovelling to the greed Their existence, at best, was toler lnternal Security Act which al of employers. 0 ated. And now that the engine has lows detention without trial sputtered and stalled in many against those who helped Asian countries, these workhorses smuggle in the workers. Some Source: The Nation (Bar~gkDk), are made convenient scapegoats, suggested that illegal workers be Editorial, 20 Apri/1998 rounded up and deported. caned to deter others...... Aliran Monthly May 1998: 18(4) Page 36 people struggling to stay alive, REVIEW POLICY ON and they deserve to be treated as human beings with dignity and FORCED REPATRIATIONS respect. he Society for Chris even food shortages; Second, the government must tian Reflection (SCR) acknowledge the possibility that g views with grave con ,. Separatist struggles exist in among the ranks of the so-called cern several recent in certain parts of Indonesia - "illegal immigrants" are indi cidents relating to the forced re among these struggles are viduals who may have come to patriation of "illegal immi separatist struggles in Aceh, our shores to escape political per grants" East Timor secution. These people cannot be from Indo and Irian treated in the same way as those nesia. jaya. who are merely economic refu These inci gees. Why not work together dents in TheSCRwill with the United Nations High clude the not argue Commissioner for Refugees violence at that illegal (UNHCR) on this? If there are the Seme immigrants indeed such people in the deten nyih De should not tion camps for illegal immi tention be deported grants, then why not let the Camp in but to view UNHCR have full access to them March everyone to determine their actual status when 8 In without a before carrying out forced repa donesians and a Malaysian valid work permit as an illegal triations? were killed; the incident on 31 immigrant and nothing else is to March, when 14 Indonesians tread on dangerous ground. The SCR can see no rationale for forced their way into the More dangerous still is the atti insisting that all the illegal immi UNHCR office in Bukit tude that has developed within grants from Indonesia are eco Petaling and the incident on 10 a segment of the Malaysian nomic refugees and nothing else. April, when 37 Indonesians population that these "illegals" We can understand that the Ma scaled the walls of the United are a threat to our way of life and laysian government may not States, Swiss and French Em that all of them have to be dealt want to take sides in any sepa bassies and Brunei's Istana with harshly irrespective of their ratist struggle that is going on in Sharif Ali claiming that they backgrounds. Indonesia in the light of the way were political refugees from in which ASEAN operates. But Aceh. The government has to adopt a the Malaysian government can humane two-pronged approach not bury its head in the sand and The government policy on repa to the problem. First, for those deny the existence of such sepa triation of illegal immigrants who are economic refugees, ratist struggles or the fact that In from Indonesia needs to be re forced repatriation may be the donesia is going through a pe viewed and adjusted to deal with only way. In this regard, the gov riod of great political turbulence. the complexities of the situation ernment has to be firm. This in Indonesia. firmness, however, has to be tem It is a sad day for Malaysia when pered with large doses of com illegal immigrants in this coun In dealing with illegal immi passion. We are, after all, deal try have to burst into the grants from Indonesia there are ing with people who were strug UNHCR compound or throw two factors we must consider: gling to make ends meet in In themselves at the mercy of the donesia. Confronted with food Americans, Swiss and French to • The deepening economic cri shortages and massive unem put forward their case. 0 sis and prolonged drought in ployment, they have sought ref Indonesia has led to millions uge in a neighbouring country Charles Hector of Indonesians facing severe that was doing better than theirs. President hardship and, in certain cases, They are not criminals, merely Society For Christian Reflection Ali ran Monthly May 1998: 18(.4) Page 37 ALIRAN MONTHLY SUBSCRIPTION FORM :\ CIFT of ntw public,1tiun Mr./Ms. ------Admcss ______ul vour choice if vou subscrihL· lo Subscription for ~· 1 year RM ____ Aliran I I 2years Monthly Donation for Aliran Building Fund ...... RM ____ NOW TOTAL Enclosed :Money Order I Postal Order I Cheque (No. ) payable to Aliran RM==== (lick one) Song:. of humanity SUBSCRIPTION RATES D COUNTRY ONE YEAR [lDialogue on Democracy A\.f1998: 18(4) Please send this gift subscription to : Mr./Ms.------Address ------.,---- Subscription for [-=:=J 1 year AIR c=J 2year SEA I enclose money order I postal order I cheque for the above order amounting to RM payable to Aliran. Send this form and payment to This gift subscription is paid for and presented by: Mr./Ms. ------Address ------~------AURAN DISTRIBunON BUREAU P.O. BOX 1049 10830 PINANG, MALAYSIA Date Signature AM 1998: LM(4) Aliron Monthly May 1998: 18(4) Page 38 ENCOURAGING RESPONSE Leap in number ol subscribers in recent months ell, what do you know, phone has been ringing with the number of people people asking how they can subscribing to the subscribe to the Monthly. Monthly ha5 been ris ing following our appeals in We still have a long way to go. previous months! There's been Our long-term aim is to double a jump of about 10 per cent in our subscription base to over recent months. come distribution problems through newsagents. That's good - but not quite enough. Our immediate goal is Don't worry, you have nothing to achieve another 20 per cent to fear in subscribing to Aliran increase in subscribers in the Monthly- we have a publish near future - and we think we ing permit and therefore we can do it with your help. That are a perfectly legal magazine. willeaseourcashflowproblems What's more, we keep our considerably, save on commis- subscribers' details confiden sions ( 35%) to middlemen and tial. help avert a price increase. So, if you are not already a sub Some of you have been wonder- scriber, please subscribe now. If ful. We had one subscriber who you are already a subscriber, ask took out six gift subscriptions your friends .to subscribe or why for his friends. Another reader not surprise them with a gift has brought in almost 30 new subscription. subscribers in the last few years. One reader phoned us from as We genuinely feel we can put off far away as Labuan pleading a price increase if more of you with us to improve our market- readers were to chip in to do ing and to avert a price hike. He your bit in our long-term too has brought in several new struggl~ to promote social jus subscribers. EverydayJ the tice in Malaysia. 0 Ali ron Monthly Moy 1998: 18(41 Poge 39 DARK ~CLOUDS OYER THE JUDICIARY Little has changed since the infamous assault on the judiciary ten years ago. by P Ramakrishnan ister, whose un- zens; whether it$ enforcement is bridled assault on undertaken without fear or the judiciary favour; whether it is observed threw the entire without any discrimination. nation into disar ray. The double standards practised - the examples of selective pros Those present had ecution and the light sentences gathered to ex which were not cross-appealed press sympathy, by the AG's Chambers as being support and soli inadequate - were all high darity for Lim lighted. Guan Eng, the MP for Kota Melaka, The unmistakable message that who is clearly per came across was that there is this ceived by many as widespread feeling among think a victim of selec ing Malaysians that allis not well tive prosecution. in the system that metes out jus Lim faces 18 tice. motley crowd of nearly months' incarceration should his a thousand concerned pending appeal to the Federal It is a terrible shame that such an citizens thronged the Court fail. important discuss10n on a crucial IIBanquet Hall of the Fed issue concerning justice was to eral Hotel, Kuala Lumpur on 16 The Round Table Conference had tally blacked out by our media. April 1998. a panel of ten speakers with Dr The media, whose primary prin Chen Man Hin as the chairper ciple and purpose is to report There were many sober and som son. truthfully, chof-e to remain silent, bre faces among the crowd con confirming its pliant nature and sisting of personnel from at least Listening to the speakers, it was pathetic position, devoid of any three foreign embassies, doctors, obvious that there was a lot of social obligation to be honest and lawyers, journalists, teachers, unhappiness and serious doubts fair in its reporting. clerks, social activists and other among many disceming Malay concerned Malaysians. sians that need to be seriously ad To ensure that this important is dressed to instil confidence in the sue reaches at least a small seg The event was to mark the tenth system of justice. ment of the Malaysian public, we anniversary of the infamous 1988 carry in the in5idc pages a cross judicial crisis, precipitated by Many questioned whether the section of the views presented none other than the Prime Min- rule oflaw is applicable to all citi- that evening. 0 Aliron Monthly Moy 1998: 18(4) Poge 40