PP3739/12/2005 ISSN 0127 - 5127 / RM4.00 / 2005:Vol.25No.1 ToweringToweringTowering Figures,Figures,Figures, ForgottenForgottenForgotten HeroesHeroesHeroes

Water Must Not Fall IntoIntoFall Private Hands

Aceh:Aceh:Aceh: Picking Up The Pieces Aliran Monthly : Vol.25(1) Page 1 A personal account COVER STORY Towering figures and forgotten heroes People like the former Auditor-General Tan Sri Ahmad Noordin should be held up as a role model by Mustafa K Anuar

ost of us, young and old, MM yearn for our own heroes MMM or role models to provide much-needed inspira- tion and informal guidance in our daily lives. These ‘super humans’ can take the form of personalities such as Spiderman, Sting, Mother Teresa and Gandhi. It is the same for a community or a nation: we look for our heroes, people who can propel us to greater heights.

In the early 1980s, were encouraged to ‘Look East’ to emulate the supposedly good work ethics and other virtues of the industrialised Japanese and Koreans. Not too long after that, the Mahathir administration in- troduced the notion of Melayu Baru, or New Malay. It was a con- scious attempt to prepare a group of Malays to undergo mental and cultural transformation and aban- don the feudalism of the old Malay culture in the face of a challeng- ing industrialised, capitalistic world. Looking in the wrong places

Recently, as if to suggest the fail- Forgotten heroes (from top left): Usman Awang, Tan Chee Khoon, Ahmad Noordin, ure of his predecessor in his re- people of Tambunan and Papan protestors

Aliran Monthly : Vol.25(1) Page 2 EDITOR'S NOTE

The cover story by Mustafa Anuar reflects on the PM’s call to Malays to look for towering CONTENTS figures in their community who could inspire others. Since few Malay idols have been iden- tified, Mustafa wonders whether we are look- COVER STORY ing in the wrong places. And why not look be- ••• Towering figues and forgotten heroes 222 yond the Malay community? FEATURES An accompanying piece by P Ramakrishnan calls ••• Judiciary and corruption 666 for the establishment of a Commission of In- ••• Stick to your commitment 999 quiry into the workings of our Judiciary, nowa- ••• Make concession agreement public 131313 days sheared of the people’s confidence it once ••• Simple truths from the Tsunami 161616 enjoyed. ••• Aceh: Picking up the pieces 191919 The back cover story focuses on the plan to ••• Let's put our house in order first 252525 privatise our water resources. ••• Why water must not fall into argues convincingly that access to safe drink- private hands 404040 ing water is a basic need, indeed a fundamen- tal human right, and should not be turned over REGULARS to private hands to generate profits. He pro- ••• Current Concerns 232323 poses that we look closely at the Water ••• LettersLettersLetters 292929 Authority, which though adopting a “commer- cial outlook with social obligation” strategy, has OTHERSOTHERSOTHERS come out tops. ••• Tsunami Relief Aid 181818 Don’t miss the Heart-to-Heart centre pages - a ••• Subscription Form 373737 moving account by Hwang Li of her visit to ••• Aliran Monthly to cost more 383838 Aceh. Incredibly, the Acehnese are drawing upon their inner strength and hope to rebuild their community.

Finally, take note of the announcement that the price of the AM is now RM4 per copy with im- mediate effect for subscribers in . Yet we need you to rally behind us.

Published by Aliran Kesedaran Negara (ALIRAN) 103, Medan Penaga, 11600 Jelutong, ALIRANALIRANALIRAN is a Reform Movement dedicated to Penang, Malaysia. Justice, Freedom & Solidarity and listed on the Tel : (04) 658 5251 Fax : (04) 658 5197 roster of the Economic and Social Council of the United Nations. Founded in 1977, Aliran welcomes Homepage : http://www.aliran.com all Malaysians above 21 to be members. Contact the Hon. Secretary or visit our webpage. Printed by Percetakan Tujuh Lapan Enam Sdn. Bhd. No. 16, Lengkangan Brunei, 55100 Pudu, .

Aliran Monthly : Vol.25(1) Page 3 lentless search for a Malay idol or people who strive and persevere ered actions. Giving views and ideal, Prime Minister Abdullah in a situation where they eventu- ideas that are different from the Badawi cajoled the Malay commu- ally prevail and succeed with no management of a factory or a uni- nity to look for towering figures (or little) state assistance such as versity should not be erroneously within the community who could scholarships and other facilities. perceived as undermining its au- inspire others. This call appears thority. If anything, they should to be prompted by Abdullah’s ap- These industrious people should be considered as a very useful parent frustration with his ethnic in fact be given recognition by the contribution to knowledge build- community, which is said to be powers-that-be so that, firstly, they ing. riddled with problems such as become a shining example for money politics, backbiting, and other Malaysians (not just In these days of predatory capi- rumour-mongering. Malays) to emulate and, secondly, talism and money politics, altru- their hard work and intelligence ism and personal sacrifice for If it is true that the search for such is given due recognition, which larger goals are rare commodities. towering Malay figures has so far would encourage them to propel People nowadays often enter poli- been futile, it is probably because themselves further in the quest for tics, especially in a political party the people concerned have been excellence. Also the subtext here that has the capacity to flaunt its looking in the wrong places. Per- is that the hardworking and the largesse, with the expectation of haps Abdullah and his party col- intellectually promising should financial gain or at least having leagues will have to look beyond deserve state assistance. doors opened to business con- UMNO and the Malay community tracts and opportunities. Put an- as well - for, after all, there are tow- More importantly, this kind of rec- other way, financial clout comes ering figures among many ordi- ognition can help stem the brain with political power. nary Malaysians, irrespective of drain out of this country. This ef- ethnic origin, if we care to look fort could involve industry and It is in this context that certain in- closely. academia, for example, where tal- dividuals - and especially those ent needs to be nurtured, recog- working in civil society groups - Indeed, the attributes and values nised and duly rewarded and should be given due recognition that Abdullah spoke of and cher- where academic and professional by the powers-that-be for their un- ished are universal: high intellect, excellence is crucial. selfish work for the community at a high value system, successful large. A number of these foot sol- careers, good economic standing, Bodek-ing diers work, for instance, in the and well-respected culture and and false smiles plantations, kampongs and urban religion. In multiethnic and settlements mainly to help im- multicultural Malaysia, one can Other equally important attributes prove the lives of the and must draw valuable lessons and values are moral uprightness, marginalized, dispossessed and from the experiences and impor- critical-thinking and a principle- powerless. tant values of each of the ethnic centred life. A towering figure - communities. In doing so, one is whether in industry and Indeed, altruism makes a very rare nudging society in the direction academia, as an example again - appearance these days. For exam- of the once much-touted ideal of is someone who is not only intel- ple, the post-tsunami period wit- Bangsa Malaysia. ligent, resourceful and creative, nessed a number of corporate fig- but also sticks to her beliefs and ures appearing with forced smiles There are hardworking people, principles even though these may on their faces while parading for instance, in all of the ethnic go against the mainstream or sta- their oversized donation cheques communities in Malaysia just as tus quo. She doesn’t need to bodek in front of the newspaper and TV there are intelligent people in or apple-polish her superior as the cameras. In this instance, one these communities who can be a compliant, pretenders and wonders about the hidden motive source of human capital and an freeloaders would. The country as of some of these corporate figures inspiring example to all a whole would benefit from such - were they advertising themselves Malaysians. These are important people who make principled de- under the guise of corporate so- attributes especially if they involve cisions and take carefully consid- cial responsibility? Surely those

Aliran Monthly : Vol.25(1) Page 4 who work hard solely to pursue nancial abuses and was actively transparent in governance. If he selfish interests and self-aggran- involved in the investigation of is serious about this idea, he must disement cannot be considered as the malpractices in the BMF scan- free the media so that they can re- towering figures that Malaysia dal. He campaigned for the Free- ally become the watchdogs of the ought to be proud of. dom of Information Act. people and provide the necessary checks and balances in the coun- Forgotten heroes Yet others would be playwright- try’s democratic system. This poet Usman Awang who cham- would also enable the people to Abdullah must also get back to his pioned, among other things, the have their say in the running of unfinished business. Soon after cause of the poor of all ethnic their beloved country. Free and re- his anointment as prime minister groups while opposition leader sponsible media would make rul- and prior to the last general elec- Dr Tan Chee Khoon fought for jus- ing politicians more accountable tion, he had indicated to the pub- tice and democracy. There was to the people to the point that they lic that he was against corruption also D R Seenivasagam, the would be reminded of the virtues and was ready to undertake seri- founder-leader of the Peoples Pro- of humility and the need to per- ous cleansing. For starters, corpo- gressive Party which dominated form good deeds for the people. rate figure Eric Chia and junior politics in the Kinta Valley. He cabinet minister Kasitah Gaddam captured the hearts of the poor by Freedom of expression and of the were implicated and charged in championing their causes, provid- media is crucial not only to de- court for corruption. At that point, ing free legal aid and freely mix- mocracy, but also in the endeav- one of Abdullah’s ministers, Rais ing with them. our to build a society on a foun- Yatim, declared that there were 18 dation of truth and justice. In other prominent individuals Nor should our towering indi- such a society, individuals would whose cases they were looking viduals be limited to individuals. be nurtured to stand for what into. Yet more than a year later, the In the past Aliran honoured the they believe in, to make criticisms heat seems to have dissipated – people of Tambunan and the peo- in the larger interest, and to pro- and money politics looms larger. ple of Papan for their struggle in mote a tradition of intellectual ex- Was all that simply posturing for the 1980s with the “Malaysian of change. What’s more, ordinary the March 2004 general election? the Year” Award in 1985. The peo- Malaysians would be empow- ple of Tambunan in had ered to articulate their concerns It is crucial for Abdullah to jump- stood up against the authoritar- and aspirations. Said Zahari, the start this anti-corruption drive for ian regime of then Sabah chief former editor who led the Utusan it has direct relevance to his search minister Harris Salleh, who had Melayu strike in 1961 against for towering figures. Fighting cor- arbitrarily and suddenly can- UMNO’s interference in the ruption goes a long way: it pro- celled the status of Tambunan as newspaper’s editorial independ- motes professionalism, staff and a district after they had voted for ence, deserves a special mention cost efficiency, and credibility es- Joseph Pairin Kitingan and re- here as far as media freedom is pecially within the government jected the BN Sabah candidate in concerned. service. It also promotes univer- a by-election. In Papan, just out- sal values found in all the major side Ipoh, the villagers had ac- If the search for towering revealed traditions such as moral tively protested against a move to Malaysians were to be ‘liberal- uprightness and trustworthiness. locate a radioactive waste dump ised’, then we would be able to just outside their village. appreciate the good in many of us If we want to come up with an Malaysians. Despite the ravages exemplary figure for Malaysians Free the media, too! of modern capitalistic living and to emulate in the fight against rapacious politics, there is still a corruption,the name that comes to Again, before the general election, pool of Malaysians who are altru- mind immediately is that of the Abdullah reminded government istic, disciplined, principled and former Auditor-General, Tan Sri leaders and politicians to listen to loving and whose actions and Ahmad Noordin — the epitome the people, especially their criti- beliefs can easily leave us hum- of integrity. He exposed many fi- cism, in his purported desire to be bled and inspired. q

Aliran Monthly : Vol.25(1) Page 5 JUDICIARY Judiciary and corruption

A Royal Commission is urgently needed to purge the Judiciary of all the negative elements plaguing it. by P Ramakrishnan

ver since Abdullah poison-pen letter in 1996. It listed Badawi took over as a litany of serious allegations – EEE Prime Minister of the 112 in all – against 12 judges. Of country from Dr the said total, 21 were allegations Mahathir, there have been many pertaining to the abuse of power, high-sounding pronouncements 39 of corruption and 52 of miscon- declaring an aversion to corrup- duct, immorality and other indis- tion. We have been led to believe cretions. It claimed corrupt pay- that a total battle has been waged ments of RM50,000 with recipi- against corruption to eliminate it ents graduating to accepting mil- altogether. lions from named persons.

After 12 months in the seat of ab- Abdullah: Corruption stares at him daily This poison-pen letter totally dis- solute power, nothing seemed to credited the Judiciary and did ir- have changed. If anything, cor- it is most devastating because the reparable damage. People were ruption stares at Abdullah daily; Judiciary is looked upon as the shocked into disbelief reading the it mocked him in September when dispenser of justice. It is seen as detailed accounts of gross miscon- the UMNO Supreme Council was the last hope for the weak seeking duct. It would have warranted a elected. There were many allega- justice and protection against the Royal Commission to investigate tions of corruption involving powers of the state. But when that these allegations but that was not money politics. Indeed, there were institution is seen to be corrupt it the case. An internal police inves- proven cases of money politics destroys our notion of justice and tigation concluded that the alle- and disciplinary actions have fairness. gations were “wholly untrue and been instituted against party lead- baseless.” ers who have been found guilty. This is why the Judiciary must be perceived as being honest and If that was the case, why was no A whole lot of 11 traffic policemen clean. And whenever some doubt from Bukit Aman were nabbed for is cast, an immediate investiga- accepting bribes recently in tion is necessary to cleanse the Ju- Karak. Likewise, there are many diciary and restore public confi- instances of corruption all over dence. Unfortunately serious in- the country, involving contrac- vestigations have not been the tors, civil servants, policemen, norm – very often such undertak- clerks, politicians and many oth- ings are meant to whitewash and ers in positions of authority. pretend that everything is fine.

But corruption affects us most in- Litany of serious sidiously when we are made to allegations believe that it exists in the Judici- ary. This is not only disturbing but You may recall the incident of the Justice Syed Idid: Did he write that letter?

Aliran Monthly : Vol.25(1) Page 6 action taken against the writer for Of course, the Federal Court over- fabrication and false publication? ruled this judgment. Chief Justice, Weren’t and Irene Tun Eusoff Chin, in delivering Fernandez convicted for allegedly judgment asked, “Why should the committing a similar offence? Was learned judges of the Court of Ap- it the fear that the writer would peal go on a frolic of their own and spill the beans and reveal details find fault with the of incriminating evidence that judge, criticize the conduct of the prevented an open trial? applicant’s solicitors in a very dis- paraging manner?” The writer was believed to be Jus- tice Syed Idid of the High Court Inexplicably, Eusoff Chin ordered and he should know better! Justice NH Chan: Unethical lawyers have the damning remarks of the Ap- brought the administration into disrepute peal Court judges to be expunged Appearing before from the records. Why? Was it be- preferred judges their case to be adjudicated cause they were incriminating upon.” The Court of Appeal and exposed the rot in the Judici- You may recall the controversial pointed out that the High Court ary? Ayer Molek Rubber Co Case. This judge had ignored the provisions case exposed the scandalous situ- of the law and seemed to allege But the composition of the Federal ation in the Judiciary. Lawyers that injustice was indeed perpe- Court which heard and decided were found to file their cases in trated by the court. the appeal was clearly unconsti- such a way that they could ma- tutional according to Article nipulate their way to appear be- Justice N. H. Chan observed that 122(2) of the Malaysian Constitu- fore their preferred judges. This the process of the High Court was tion, thus rendering its decision apparently was prevalent in cases abused and that the Court pro- null and void and of no conse- involving commercial crimes. ceedings were manipulated to quence. Yet, that ruling, void as it win the injunction against Ayer was, still stands as a terrible in- Even the was Molek. justice mocking the Judiciary. moved to comment in an editorial that “…questions are already be- He asserted that the “plaintiffs Improper ing asked why the courts and through their legal advisers have behaviour judges are speedy in hearing com- abused the process of the High mercial cases, especially when big Court by instigating the injustice You may recall that in early 1998 companies and big business were through misuse of the Court’s pro- photographs of Tun Eusoff Chin, involved, and the apparent ease cedure by manipulating it in such the Chief Justice, holidaying in with which parties choose courts a way that it became manifestly New Zealand with a lawyer who to go to and which judge to seek unfair to the defendants.” also had appeared before the same out…This is inevitable when judge were published on the thousands of criminal and civil He added that “by doing what Internet. This rightly caused an cases have been held up for years. they did, these unethical lawyers uproar. This was improper behav- Some remand prisoners have to have brought the administration iour and that such socializing was languish in jails for years while of justice into disrepute among not consistent with the proper be- waiting to stand trial.” (3 Sept right thinking people.” haviour of a judicial personality, 1995) observed Dr Rais Yatim. Justice N H Chan in that famous The Court of Appeal in this case quotation remarked, “All is not This was a scandalous episode went so far as to say that from the well in the House of Denmark.” It that did irreparable damage to the facts, it gave “the impression to is a damning indictment. Inciden- Judiciary. It is totally unpalatable right thinking people that liti- tally, the Court was housed in the that the cause of this damage gants can choose the judge before building called “Wisma Den- should be the Chief Justice of Ma- whom they wish to appear for mark” laysia himself.

Aliran Monthly : Vol.25(1) Page 7 was conducted — for example, the refusal of bail; the expunging of evidence given on oath; prevent- ing the accused from raising every possible and conceivable defence and limiting him to particular defences; compelling the defence to state beforehand what evidence the defence sought to adduce through various witnesses; disal- lowing witnesses from testifying and making rulings as to their rel- evancy without first hearing their Holidaying in New Zealand: Improper conduct? testimony; citing and threatening defence lawyers with contempt You may recall what the High cerned. As to be expected, noth- proceedings including sentencing Court Judge Datuk Muhammad ing transpired. But when Anwar a defence lawyer to three months’ Kamil bin Ahmad had to say allegedly instructed the police re- imprisonment for contempt while when declaring the State election garding his case he was convicted in the exercise of their legal duties held in March 1999 for the Likas for corruption. — raises questions impinging on Constituency in Sabah null and the administration of justice.” void. He revealed that he had re- Grave wrong ceived directive over the phone to must be righted It is imperative that the actions strike out the two election peti- and conduct of the judges must tions without a hearing. Similarly, there is still grave con- be beyond reproach and above cern about the Judicial Crisis of suspicion and be seen and per- The Malaysian Bar viewed this 1988. What transpired – the in- ceived to be so if they are to com- blatant and corrupt attempt as an trigue, the plotting, judiciary con- mand the respect and confidence “affront to judicial integrity and spiring with the executive – is still of the public. independence of the learned judge crying out for justice and demand- and the Rule of Law” and called ing that a grave wrong be righted. The image of the Judiciary has for action by the authorities con- been severely battered and shat- Likewise, the choice of the judge tered through the unbecoming and the manner by which the conduct and questionable behav- judge was chosen to hear the iour of some unethical judges. Anwar case has to be investigated. They have insidiously and bra- The way the judge became an ac- zenly destroyed an institution that tive combatant in this case rather was in the past viewed with ad- than adopting a strict neutral miration and awe for its high stance needs to be looked into. standards of ethics and sound Why evidence given under oath judgments. There is now an ur- had to be expunged when the gent need to restore and maintain case wasn’t going well for the pros- the dignity, integrity, independ- ecution has to be clarified. ence and impartiality of the Judi- ciary. This entire sordid and shameful episode surrounding this case This can only be achieved when a which was reeking with injustice Royal Commission is established was very aptly summed up by the in an honest attempt to restore its Judge Datuk Muhammad Kamil: Chairman of the Bar Council then, lost respect and confidence and Received directive to strike out election R. R. Chelvarajah, “The unusual purge the Judiciary of all the nega- petitions. manner in which the trial itself tive elements plaguing it. q

Aliran Monthly : Vol.25(1) Page 8 POLITICS Stick to your commitment, Datuk Seri Abdullah Why have the culprits in high profile corruption cases not been prosecuted? by K George

bdullah Ahmad All these declarations and assur- Badawi’s entry as the ances gave us hope for a better AAA fifth Prime Minister of Malaysia. A feel-good atmosphere Malaysia on 31 October prevailed following this. But it is 2003 gave us, the law-abiding and fast receding now. Let us review peace-loving people of Malaysia, Abdullah’s administration over happiness and a sense of relief the last 14 months. from the fear that had loomed dur- ing Dr. ’s Speaking truth time in the history of UMNO that reign. its president, who is also the We, the people, do not speak lies prime minister, lost control of the Abdullah, affectionately known to our PM. There is no reason or Supreme Council. There are two as Pak Lah, Nice Guy and purpose to do so. But the PM has camps in UMNO now - the Mr.Clean, promised to eradicate misled Parliament. He is on record Abdullah camp and the Najib corruption and grant us equal as having stated that the 18 high- camp. In spite of Abdullah’s rheto- and fair treatment and pledged profile corruption cases do not ric it is well known that their re- transparency and accountability involve individuals, but corrup- lationship leaves much to be de- as a hallmark of his government. tion-prone sectors. sired. He asked the people to work with him. He declared that he wished Answering a question from DAP Malaysian’s pliant mass media - to listen only to the truth which Member of Parliament, Teresa both print and electronic - remain effectively meant that he would re- Kok, Abdullah said that former subservient. They continue to sing ciprocate with truth and nothing finance minister praises of the Barisan National but the truth. did not make a police report re- (BN) leaders. The editors and garding the misappropriation of managers of the mainstream mass Over and above, the PM assured Pewaja funds. But it was a lie. media seem to have abandoned us that everyone irrespective of Anwar not only made a police re- investigative journalism alto- race and religion would be treated port, he even urged the prosecu- gether. After receiving a massive equally and without discrimina- tion in Eric Chia’s case to sub- mandate in the general election on tion and that Malaysians will poena him (Anwar) and Mahathir 21 March 2004, Abdullah ignored have an equitable share of the na- to give evidence. the advice and suggestion of sev- tion’s wealth. Abdullah did not eral leading personalities such as stop at that. He called upon NGOs After the UMNO Supreme Coun- , Dr Nordin Sopiee to point out the government’s cil election on 25 September 2004, and Dr Chandra Muzaffar that short-comings and also urged the Abdullah announced that all the mass media be given enough people to criticise his administra- those elected were his men. But freedom to report the truth and to tion. the truth was that it was the first appoint a cabinet comprising

Aliran Monthly : Vol.25(1) Page 9 honest, committed and capable prevents members from acting on any culprit involved in corrup- members. matters of corruption. tion?

Abdullah missed an excellent Two months before he assumed No wonder Transparency Inter- opportunity. We now see the same the position of PM, Abdullah de- national’s Corruption Perceptions old tired faces in the cabinet - ex- clared that his primary agenda Index ranking for Malaysia has cept that the number of portfolios was to eliminate corruption. He slipped. and cabinet members has notably has repeated this several times increased. since then. I have no doubt in my mind that there is more than meets the eye. Corruption, The King, on his recent birthday, What do you think? money politics, issued a royal command with re- draconian statutes gard to dealing with anybody in- As regards draconian laws, volved in corruption. Don’t look Suaram director Dr. Kua Kia Money politics in UMNO is about at the face, charge the culprit. So, I Soong says in his report that buying votes to get elected to the am really puzzled as to why the Abdullah’s leadership has failed leadership. In the context of PM made a statement in Parlia- to meet the expectations despite UMNO, it must be borne in mind ment on 24 May that the 18 high- his pledges to weed out corrup- that it is the party that rules Ma- profile corruption cases do not tion and bring about reforms. Kua laysia. It has been well established involve individuals. went on to say that the substance that money politics is corruption of reforms has been lacking. Laws - a serious crime under the penal Four days later, ACA Director long considered draconian and code. That is why we have a sepa- General Zulkipli Mat Noor told contrary to international human rate Anti-Corruption Agency the press that the ACA had sub- rights norms have neither been re- with trained personnel and the mitted its report on the investiga- viewed nor repealed. necessary facilities to tackle cor- tion of the 18 cases to the Attor- ruption. It is, therefore, wrong for ney General. To a question by the Kua, a veteran human rights ac- to say that vote-buy- press whether any Menteri Besar tivist said, “ Given the Govern- ing is UMNO’s internal matter or Chief Minister was involved, ment’s performance over the past and need not be referred to the his reply was “I do not want to year, there is little to indicate that ACA. sensationalize the issue.” the trend and politics to restrict democratic space and civil liber- The Prime Minister fully agrees Seven months have passed by and ties will wane in future.” that vote-buying is a violation of the AG is still sitting on the report the law and that the Anti-Corrup- without any sign of prosecuting tion Agency must deal with it. It the culprits. is not a healthy sign that the PM and the deputy PM are openly in Two out of the 18, according to conflict in this matter. Abdullah Malaysia Today, are an important feels that the ACA need not wait minister and his wife. If you are for reports in order to investigate curious to know who they are, cases of corruption. Nevertheless, please visit Malaysia Today’s the DAP Secretary General Lim website of 4 Dec 2004. Guan Eng, has already made a police report to force the hand of A resolution adopted at the 28th the police to act. Incidently, in an AGM of Aliran on 28 Nov 2004 article dated 4 Dec 2004, veteran has demanded an explanation journalist MGG Pillai asks, “Is from the PM as to why the AG has there not a rule in UMNO that if a been delaying the prosecution of member files a police report, he is the persons involved. What hap- suspended or sacked?” It could be pened to the royal command? yet another controversial article in What is happening to the PM’s Dr Kua: Abdullah's leadership failed to UMNO Baru’s constitution that repeated assurance of not sparing meet the expectations

Aliran Monthly : Vol.25(1) Page 10 The Internal Security Act, the with the migrant workers. Her of- there are still more than 80 ISA Emergency Ordinance and the fence was that she submitted a victims in Kamunting. Most of Dangerous Drugs Act, all of memorandum to the government them have been there for more which allow detention without highlighting the miserable and than two years. If he does this, his trial are still in force. Laws that filthy conditions the detainees prestige will be enhanced and the restrict freedom of expression, the were being subjected to in a de- detainees, their families, relatives right to peaceful assembly remain tention camp in . But she and friends will remain forever intact. Have you ever come across was charged for publishing false grateful to him. Better still, if he a statute that prohibits university information. The trial lasted more repeals the ISA. students (who are supposed to be than seven years and it became the the future leaders) from having longest criminal case in the coun- any rapport with trade unions try. She was eventually found Ethnic unity and and political parties in any other guilty and sentenced to one year’s equitable sharing country than Malaysia? imprisonment. She is presently on bail pending appeal. Now I wish to touch on the Recently, a 22-year-old student maiden speech delivered by was disciplined for campaigning In September 1998 at the height of Abdullah at the 55th General as- for Party Keadilan Rakyat. If she reformasi, police assaulted several sembly of UMNO on 23 Sept 2004. had campaigned for UMNO, most EPF employees - one of whom was probably she would have been my daughter - in the EPF building Abdullah was wrong in claim- rewarded. It is common knowl- without any reason whatsoever. ing that he inherited a party edge that Malay students study- My daughter made a police report (UMNO) that was founded and ing overseas are invited to the an- and also wrote a letter to the NST. led by Dato Onn bin Jaafar and nual UMNO general assembly. but there was no investigation by subsequently by Tunku Abdul Perhaps, UMNO is above the law! the police and the NST couldn’t Rahman, Tun Abdul Razak and find enough space to publish the Tun Hussein Onn, and that There are also other obnoxious letter! UMNO was strong, united and laws. Several opposition leaders led by dedicated and committed and activists and even ordinary Let us hope and pray that PM leaders and activists. The members of the public were ar- Abdullah, the Nice Guy, will en- UMNO he referred to is dead rested, remanded and even sure such injustices are not re- and gone. It was burried in charged; some were convicted peated under his regime. 1988. The party he inherited is under these laws. One such leader Mahathir’s UMNO Baru, whose was Lim Guan Eng. He exposed Let me now draw Abdullah’s at- gates were barred from admit- an alleged statutory rape of a tention to a landmark judgment ting Tunku (the Father of Malay girl by Rahim Tamby Chik (extracts reproduced in this issue) Merdeka), Hussein and so many .At that time Lim was a Member by the House of Lords in the UK other respected Malay leaders of Parliament; Rahim was not re- in Dec 2004. The court, compris- and the pioneers of the original manded or charged in court. Ap- ing nine judges, voted 8-1 to de- UMNO. parently he was not even ques- clare that that the government can- tioned by the authorities. but the not detain terror suspects indefi- UMNO Baru may have 3.2 million police found a loop-hole to charge nitely without trial because it is members now. But to claim it is Lim under the Sedition Act. He incompatible with human rights. strong and united is an exaggera- was found guilty and ended up tion. Abdullah cannot deny that in prison for 18 months. The girl Taking into consideration the under his very nose, vote buying gave birth and yet the police, it above judgment and the fact that was taking place. He took a strong seems never bothered to conduct the official religion of Malaysia is stand against money politics and a DNA test to identify the child’s Islam, , it will be a gesture of great- threatened serious disciplinary father. ness if Abdullah could boldly de- action. Consequently most of his cide either to release the detain- men were grounded in the elec- Another victim is Dr.Irene ees or charge them in court. He is tion. Fernandez, the director of an Islamic scholar and he loves Tenaganita, an NGO concerned the Almighty God. I understand Datuk Abdullah, your predeces-

Aliran Monthly : Vol.25(1) Page 11 verted to those who are disadvan- taged and downtrodden irrespec- tive of race or religion. The poor Indians who were once the pio- neers of the economic growth of this country, the aborigines, the Kadazans, the poor farmers and fishermen - they all deserve the assistance of the government. The cake should be shared equitably

You might recall that a long time ago the government decided that Tunku and Hussein Onn barred from Mahathir's UMNO Baru the appointments and promo- tions in the civil service would be sor, Mahathir, was present, and though you were speaking in in the ratio of 4:1 in favour of the you welcomed him with praise. your capacity as the president Malays. It is now more than 30 You flattered him as a statesman of UMNO, you are the leader of years. What is the present situa- of the world. You went on to say all Malaysians and not just the tion? Hardly a non-Malay face is he had done great things for Ma- Malays. That is an established visible in many government of- laysia. What actually was in fact. Of course, in your speech fices and departments. your mind? The money squan- you mentioned the BN parties dered, the white elephants he speak with one voice. That was When it comes to promotions the built, the bailouts of his cronies a joke to please your audience. ratio is discarded in favour of the and a firm controlled by his son As far as Mahathir was con- Malays. As for the Secretary Gen- with taxpayers’ money, Bank cerned, he never really believed erals of various Ministries and Negara’s forex trading losses in consultation and consensus. Director-Generals of departments, amounting to over RM 30 bil- almost all of them are Malays. lion, the privatisation without A few years ago, Mahathir at a UMNO could consider apointing open tender of profits and the Gerakan general assembly, de- more non-Malay chief ministers to socialisation of losses? clared out of the blue that Ma- bring about better ethnic represen- laysia is an Islamic state. Eve- tation. The situation is frustrating As a result of all these rybody swallowed it including and not conducive for unity and misadventures, the nation’s cof- that vehement critic of an Is- harmony. It would be in the inter- fers are almost empty. MGG lamic state, Dr.. est of our beloved nation if the ra- Pillai’s website says Petronas has In your speech, you too casu- tio is gradually replaced by meri- lent a sum of RM25 billion. You ally mentioned Malaysia is an tocracy. say that Mahathir retired at the Islamic nation and that it pinnacle of his career; but I don’t should not bother the followers Discrimination based on race, buy it. As an intelligent person, of other religions as one of the religon and gender is an insult; it Mahathir knew it would be un- important tenets of Islam is that is not in conformity with human wise to continue his dictatorship non-Muslims must be provided rights. Datuk Abdullah, please any longer. with all the facilites to practise stick to your commitment to the their respective religions. people and honour your pledges. As I was going through your In the long run, you will be judged speech (reproduced by Since 1970, as a result of the NEP, not for your rhetoric but for trans- in toto), I felt, that for a moment the status of Malays in various lating your promises into reality. you forgot you were the prime fields - the economy, education, If you can implement all the noble minister of 25 million people of science, business, enterprises - ideas and values that you have Malaysia consisting of not only has substantially appreciated. articulated, you will go down in Malays and Bumiputras, but Spoon-feeding is no longer desir- history as an honourable man also of people of various other able. Your attention as the PM and who truly cared for the downtrod- religions and races. Even UMNO president should be di- den. q

Aliran Monthly : Vol.25(1) Page 12 ACCOUNTABILITY Make concession agreement public Memorandum to YAB Perdana Menteri Datuk Seri Abdullah Ahmad Badawi on 27 December 2004.

a) The services provided by PLUS do not warrant a toll hike.hike.toll

• Thousands of users of the NSE often endure con- gestion at Sungai Besi Toll Plaza and other toll plazas, a reality that has come to be a common feature on the NSE, thus making transportation time quite unpredictable

• There are more and more complaints of NSE us- ers being fleeced on the highway, when their tel- ephone calls to Plus Emergency especially at night do not produce PLUS Patrol Assistance Units but private tow operators instead. YAB Datuk Seri Abdullah Hj Ahmad BadawiBadawi: • Malaysian highway users experience poor serv- We, the undersigned, members of the Committee ices, clogged and broken toilets and deteriorat- Against Unfair Toll Increase (CAUTI) representing ing road conditions on the expressway. a large cross-section of Malaysian society, includ- ing members of consumer associations, trade un- b) Discrepancy in Dato Seri ’s state- ions, Non-Government Organisations, political par- ment?ment?ment? ties, women’s organisations, parliamentarians and other civil society groups, wish to register our strong- The Public Works Minister indicated that the gov- est protest over the 10 per cent North-South Express- ernment will have to pay PLUS RM154 million a way (NSE) toll hike scheduled to take effect on 1 year in compensation or RM38 billion over the next January 2005. 33 years if PLUS is not allowed to raise the toll charges by 10 per cent on 1 Jan 2005. The grand toll We protest: total of the increase for 33 years at RM154 million a year does not add up to RM38 billion but RM5 bil- • the unfair and repeated NSE toll hikes; lion. • the unfair and lopsided NSE concession agree- ment holding two generations of Malaysians to What is the cause for this discrepancy? ransom requiring taxpayers “to pay RM38 bil- lion to PLUS over the next 33 years”. The Minister responsible, Datuk Seri Samy Vellu, recently told Parliament that the NSE was built With the 10% NSE toll hike scheduled to take effect for a projected use of 160,000 cars per day but is after the next few days, we demand that the govern- now being used by 1,200,000 vehicles per day. ment respect public opinion by agreeing to a defer- This suggests that traffic volume is 7.5 times ment of the unfair toll hike to allow for a full public higher then the forecast volume, which also study and understanding of its socio-economic and means an increase in toll revenue of some 7.5 long-term implications. times the forecast revenue.

Aliran Monthly : Vol.25(1) Page 13 10% inc KL North KL South Bt Kayu Bound Bound Hitam

first class to Bt Kayu to JB to JB Hitam

2004 55.50 44.60 97.80 2005 61.00 49.10 107.60 2008 67.10 54.00 118.40 2011 73.80 59.40 130.20 2014 81.20 65.30 143.20 2017 89.30 71.80 157.50 2020 98.20 79.00 173.30 In such circumstances, with the NSE concessionaire 2023 108.00 86.90 190.60 enjoying a windfall of traffic volume and toll rev- 2026 118.80 95.60 209.70 enue so many times more than the original forecasts, 2029 130.70 105.20 230.70 it would be a strong justification for PLUS not to increase its toll rate unless it can also substantially improve the quality of NSE services. cession by another eight years, making it a 50-year “cash cow” concession for PLUS from 1988 until c) Why a secret extension to 50 years? 2038?

The CAUTI wants to know why compensation must Malaysians are entitled to know whether, when and be paid to PLUS for the next 33 years until 2038, why PLUS has been secretly given a 50-year conces- when the 30-year NSE concession which started in sion from an original 25-year concession offer in May 1988 is to end in 2030 after a 12-year extension 1987 without any transparency and accountability granted in 1999? With another 25 years for the con- to the Malaysian tax-payer. cession to run and at the compensation rate of RM154 million a year, the total compensation pay- When the Minister said that PLUS is entitled to RM38 able until the end of the concession period is RM3.85 billion compensation from the government over the billion - one tenth of the Minister’s claim of RM38 next 33 years if it is not allowed a 10% increase in billion. the toll rate, does this mean that in the next 33 years PLUS is entitled to a gross toll collection of RM38 Or has there been another extension of the NSE con- billion from the users of the NSE?

Chairperson: Deputy Chairpersons: YB (MP for Seputeh) •YB Sallehuddin Ayub (MP for Kubang Kerian) •G. Rajasekaran (Secretary-General of MTUC)

Secretary: Assistant Secretary: Badrul Hisham (Angkatan Muda Keadilan) S. Arul (Secretary-General of PSM)

Committee Members: YB (Parliamentary Opposition Leader & MP for Ipoh Timur) YB Datin Seri Dr (MP for Permatang Pauh) •YB (MP for Cheras) •YB (MP for Bukit Bintang) •YB (ADUN for Sitiawan) •Dr Hatta Ramli (PAS) •Ronnie Liu Tian Khiew (DAP) •S. Sivanesan (Union Activist) •Charles Santiago (Group of Concerned Citizens) •Khairul Anwar (Universiti Bangsar Utama) •Marvin Madavan (Pusat Aktivis Gerakan Reformasi Malaysia) •Leong Ooi Kuan (DAP Socialist Youth) •ALIRAN

Aliran Monthly : Vol.25(1) Page 14 d) Escalating transportation costs

Finally, the local press reported recently that there would be The 10 per cent eight more three-yearly 10% NSE toll rate increases in the 42- toll hike is killing year NSE concession until 2030, giving the following projections the motorists for the NSE toll rate structure. (See table) The 10 per cent increase in toll it to increase toll charges every charges on the North-South three years. Are they suggest- The NSE toll rate from KL to Bukit Expressway has increasingly ing that PLUS is losing every Kayu Hitam is scheduled to in- become unbearable to motor- year when we consider the vol- crease to RM130.70 by 2029. Also, ists. ume of vehicles that keep on the toll rate from KL- Baru multiplying? stretch is expected to increase to We are disappointed that the RM105.20 for the same period; Government has failed to act Surely the Government can do and the toll rate for the entire NSE or solve the motorists’ night- something to halt this non- stretch from JB to Bukit Kayu mare despite protests from BN sense and the antics adopted Hitam is anticipated to escalate to and Opposition MPs as PLUS by PLUS. RM230.70. The toll rate increase is permitted to revise toll appears to be staggering and has charges every three years in Just imagine PLUS can go on serious medium- and long-term accordance with the conces- increasing toll charges over the implications for the Malaysian sion agreement. next 33 years! By then our fu- economy. ture generation will discover The Government is reluctant that travelling along the high- e) Government Credibility to stop the toll hike as it is not way will be beyond their prepared to cough up RM154 means as the toll charges will The government had earlier million as compensation to be astronomical! claimed that the toll structure will PLUS and therefore has to pass not allow for any toll increase the burden to the poor motor- Well, if there is nothing else that until 2016; however, it appears ists. can be done to alleviate the that the NSE concession has been miseries of the motorists I sug- secretly extended. Furthermore, We only wish that our Govern- gest we boycott all the roads the NSC concession agreement is ment is more powerful than built by PLUS and use the al- classified as an official secret PLUS and be more responsi- ternate country roads instead nearly two decades after it was ble to champion the cause of and I am sure in next to no time signed. the rakyats’ woes. PLUS will regain their senses as it is the gold mine that they We demand that the concession We are rather perplexed as to are after. agreement be made public for pub- how the Government could lic scrutiny. It is important for the enter into such naïve agree- Tunku Yusuf Jewa government to be transparent ment with PLUS i.e. allowing Kota Bharu with the Malaysian public.

YAB Datuk Seri, we demand that the government instruct issue. Specifically the impact of country, the lower middle PLUS to defer the scheduled toll an increase in transportation classes, the fixed income earn- increase indefinitely until the cost - on food prices, small- and ers and the poor - has to be stud- Government and Parliament medium-scale industries, the ied before the scheduled toll in- conducts a thorough study of the cost of doing business in the crease is implemented. q

Aliran Monthly : Vol.25(1) Page 15 POLITICS OF COMPASSION Simple truths from the tsunami Compassion and solidarity are no strangers to human nature, if given a chance by Rani Rasiah

ore than a 100,000 peo- never seen anything so ‘horrible’ MM ple have been massa- in all his life. What a hypocrite! MMM cred in Iraq since the More than 200,000 wiped out al- USA’s brutal ‘war on ter- most instantaneously in Aceh and ror’. The city of Fallujah was flat- 100,000 killed in cold-blood in tened and reduced to rubble in Iraq in a prolonged war and hun- November 2004. Hundreds of dreds of thousands more as a re- thousands of people have lost sult of sanctions imposed on Iraq their loved ones, homes and prop- before that. He and his class need erty. Children, suddenly or- to know that to the ordinary hu- phaned, lead wretched trauma- man mind the numbers are simi- tised lives that stretch painfully lar, and in fact more monstrous in over a seemingly endless war. Iraq since it was entirely man- made. Yet, the US Secretary of State, Colin Colin Powell: Never saw anything so Powell, one of the criminals be- Donning human face horrible in all his life? hind the war on Iraq, walks into ernment, which at home holds an savagely ravaged Aceh and Germany tops the contributors of axe in the face of its workers and makes a pious statement that he aid with USD660 million. German poor. Over the years, the German is ‘shocked’ by the devastation workers must be in a daze at this working class has seen a relent- visited by the tsunami and has gesture on the part of their gov- less attack on the benefits that

Aliran Monthly : Vol.25(1) Page 16 were put in place for the workers by an urgency to and poor after the Second World intervene. Peo- War. Many neo-liberal govern- ple from all ments, including Malaysia, and walks of life, employers are in the same league even prisoners, as Germany, donning a human have selflessly face for this ‘public occasion’. and spontane- ously contrib- A natural disaster is obviously a uted to the re- great opportunity for capitalists building of the and governments to improve their disaster-struck reputation, and so governments countries. Here have been tumbling over them- lies no interest selves trying to outdo each other. in reputation or Exploitative, rapacious, uncaring reward, just bosses and governments, who sheer empathy. Some of the ques- every day and hour cause misery, tions ordinary people ask are, hunger, deprivation and slow “Are you doing a tsunami collec- death to their workers have been tion?”, “I have collected x bags of rushing to the fore, with the dubi- rice. Do you know anyone who ous aim of providing humanitar- can send it?”, “I’m collecting ian aid to the tsunami hit areas. sarees. Do you want to give any?” Barbaric warmongers who have blood on their hands put on char- Virtually everybody is either giv- ity masks and dole out money ing or organizing aid for people squeezed from workers locally who live on foreign shores. The and abroad. planet has become like one fam- ily, sharing in the sorrow of the Not all is bleak in the politics of unfortunate, feeling a painful compassion, however. In the awe- sense of bereavement. some black episode of the tsunami- triggered earthquake, some sim- This overwhelming wave of hu- ple truths once again reveal them- man compassion then is the selves. Amongst the most striking bright side of the terrible tsunami. of these is the great wave of genu- It shows the human face of man- news to the capitalist, as nature is ine compassion and solidarity kind, unstrapped by creed, colour the culprit.) across the globe with the victims - and national boundary. It shows not the hypocritical show of com- what humankind is capable of, Compassion and solidarity are passion by imperialists looking to and what human nature can be, certainly not strange to human redeem their reputations or using given the material circumstances. nature. It is only the ideological the tsunami to generate profit. For the critics, here is proof that weapons of capitalism that sup- socialism is not alien to the hu- press these and other human val- Human compassion man race. ues. q

Across the globe, we see natural Even under the barbaric capital- human compassion, moved by a ist system that is characterized by Aliran member Rani deep and aching sadness for the greed and competition, an un- Rasiah is a central com- massive loss of human lives, born hampered media can help evoke mittee member of Parti out of empathy for the shattered compassion and solidarity of such Sosialis Malaysia (PSM). lives of survivors, humbled by the magnitude. (Unhampered only potent waves of nature and driven because tsunami news is safe

Aliran Monthly : Vol.25(1) Page 17 TSUNAMI RELIEF Tsunami relief aid for Aceh via Forum LSM Aceh and Penang NGOs

liran has been working with the Penang Office AAA for Human Develop- ment (POHD) and a few other Penang-based NGOs on tsunami relief aid to Aceh (and elsewhere) since the 26 December 2004 tragedy. toothbrushes and toothpaste). assistance here as well as in Aceh Following a 7-13 January 2005 Also sent were copies of the are volunteers. We thank you for visit to Banda Aceh by its direc- Qur’an and prayer attire, as di- your kind donations that will go tor, the POHD (the social service rectly requested by some of the re- directly to those in need. arm of the Catholic Church in lief workers in Banda Aceh. Penang) has successfully devel- Cheques, made out to the Penang oped a direct link with Forum All these items were donated by Office for Human Development, LSM Aceh, a group of 28 Aceh- concerned Penangites to the may be sent to: based Indonesian NGOs. (LSM POHD and to the Mahindarama stands for Lembaga Swadaya Buddhist Temple, Penang. Money POHD Masyarakat which is the Indone- donated was also used to pur- Pusat Keuskupan Katolik sian term for NGOs.) chase some of these supplies. The 290 Jalan Macalister good news is all these supplies 10450 Penang Forum LSM Aceh has set up relief were collected by Forum LSM Malaysia centres in remote villages and Aceh volunteers by the next day Tel: + 60 4 2273405 small towns in the districts of and transported to Banda Aceh, a email: [email protected] Lhokseumawe, Sigli, Aceh Besar five-hour journey by road. and Banda Aceh. Very little for- or eign aid has reached these centres There is a dire need for more aid thus far. in the relief camps and centres run Aliran by Forum LSM Aceh. Funds are 103 Medan Penaga On 13 January 2005, a ship carry- needed not only to provide relief 11600 Penang ing 165 tonnes of relief supplies aid but to help our Aceh counter- Malaysia left Penang for Kruengbuehkueh, parts to put the victims back on Tel: +60 4 6585251 a port just outside Lhokseumawe their feet. Only when this hap- email: [email protected] on the northeast coast of Sumatra. pens will their healing truly be- These supplies included rice, in- gin and their dignity be restored. Aliran Executive Committee stant noodles, canned food, milk 18 January 2005 powder, bottled water, medical We appeal to you to help support supplies, clothes and individual- this effort by Penang-based NGOs, ised “goodie bags” (which in- coordinated by the POHD and For more information on cluded bras, panties and sanitary Aceh-based NGOs. Very little of POHD's Tsunami Relief Aid napkins for women and razors donated funds is spent on over- to Aceh visit www.pohd.org and briefs for men in addition to heads as the people involved in soap, combs, cotton buds, towels, the relief effort and other forms of

Aliran Monthly : Vol.25(1) Page 18 HEART TO HEART : "What comes from the lips reaches the ear, what comes from the heart reaches the heart" - Arab proverb Picking up the pieces in Nanggroe Aceh Darussalam A tale of hope and inner strength amidst devastation by Huang Li

hen I was first informed WW that I might be sent to WWW Aceh, I did not know what to expect. For the whole week prior to my departure, I tried to recall the worst experi- ence that I had in the 29 years of my life. I recalled how I felt when my father breathed his last 14 years ago. I remembered how I had felt when my friends and I were lost in the jungles of Ulu Yam for one night nine years ago. I re- called vividly the horrific adrena- line rush that I had felt on the nu- merous roller-coaster rides that I had been on. I tried to remember what I was thinking about when I almost drowned during one of my diving exercises. I thought these memories would at least prepare me for the worst that could hap- pen when I reached the devas- tated land of Aceh. But I soon dis- covered that nothing could have prepared me for what I was to ex- perience in Banda Aceh.

At Sukarnoe Hatta International Airport in Jakarta, I could see hun- dreds of relief workers of different nationalities on the same flight as mine, all travelling to the same destination, Banda Aceh. It was a grim reminder that I was on my way to a place that had just been hit by one of the worst disasters in a hundred years. On the flight,

Aliran Monthly : Vol.25(1) Page 19 amidst the relief workers were a group of young Indonesians with 10 plastic bags of saplings. Later, I found out that these young guys were from the island of Sulawesi and the saplings were for their Acehnese relatives as a symbol of friendship and support in their loss. Unbelievable devastation

Four hours later, the pilot informed us that we were approaching Banda Aceh and the tsunami damage could be seen from our windows. The bird’s eye view of Women: Pillars of strength Aceh father who'd lost his wife, taking the damage was just like the im- the role of a mom. ages I had seen on TV. The extent playing) was the only asset he to reality was the smell of rotting of the devastation was unbeliev- now possessed to earn a living - human flesh. I was told that there able. Twenty minutes later, the air- by being a supir to one of the inter- was a difference between the strip was finally ready for our national organizations. It slowly smell of rotting human flesh and Boeing 737 aircraft to land. dawned on me that Aceh was a that of animal carcasses. I could land of wealth; even a young man not understand it until then. The At the chaotic airport of Banda his age could afford to own an stench was definitely different: Aceh, we were met by Aziz (not Internet café. This was confirmed eerily ‘sweet’ and lingering. De- his real name), a sweet young later when I saw the number and spite being overwhelmed by the man who was to be our supir the size of beautiful houses smell, as silly as it sounds, I did (driver). He helped us track down around Banda Aceh. not cover my nose for fear of of- our luggage. The conveyer belt of fending those who had perished the airport had malfunctioned so Rotting flesh and their surviving relatives. It we had to identify and carry our was the least I could do to show my own luggage as it was unloaded One day, I was driven around the respect for the departed, I thought. from the aircraft. It was quite an part of the town that was badly experience and I did not feel any hit by the earthquake and the The trip to the affected neighbour- different from the tsunami survi- waves. It was surreal. I saw three- hoods was grimmer. Corpses lay vors scurrying desperately to the storey buildings reduced to two. I in black plastic bags by the road- helicopters that were bringing in saw the thick-walled, barb-wired side, waiting to be picked up by food aid. prison reduced to rubble and I lorries as they made their daily wondered what had happened to rounds before unloading the bod- On our way from the airport to the the prisoners. Later, I read in the ies at mass burial grounds. town proper, we drove past a mass local newspaper that the govern- Clothes, mattresses, toys and grave where 6,000 victims had ment was offering lighter sen- praying mats were strewn all over, been laid to rest. I was in a daze tences and even pardons to sur- some caught in the branches of but I kept up a lively conversation viving escaped prisoners who vol- still-standing trees; evidence of with Aziz. Apparently, he used to untarily turned themselves in. The how high the waves were. An own an Internet café, which he streets were flooded with black Adidas shoe caught my eye and I had lost, along with his favourite muddy water and debris. wondered what happened to the sports car, to the killer waves. The owner and whether he or she sur- Kijang van that he was driving (in- So surreal was this view that the vived the disaster. I saw the re- cluding the U2 CD that he was only thing that brought me back mains of a house - its floor and a

Aliran Monthly : Vol.25(1) Page 20 battered refrigerator. What were the occupants doing or thinking about when the wave struck; did any of them survive, I wondered.

Suddenly our supir stopped his car. He saw someone he recog- nized. He went over to shake his friend’s hand and they began ex- changing stories as to who they knew had survived, who had not and where they were temporarily housed. It was a way for them to regain lost links; a common sight in Banda Aceh ever since the tsu- Unloading aid in Aceh nami struck. I wondered if any- one could ever get used to that ernment office that had lost al- with debris and bodies trapped in- sort of emotional encounter. most half of its staff members to side. the disaster. Throughout my as- On our way back to our station, signment in Banda Aceh, I en- On the second day of my assign- we drove past what used to be a countered many people, all with ment, Bapak Yanto came to us, playground that would have been different faces and masks. Some complaining: “People keep com- filled with children’s laughter tried to be heroes, some aspired to ing to our office to assess the dam- and cheerful squeals that dread- be stars, some were opportunistic age of our office but they never ask ful Sunday morning. Nearby, I and yet some were genuine. how we, the staff members, cope saw a pack of stray dogs that with life and whether we have looked timid and wary. They What touched me the most were anything to eat or not”. Only then seemed unscathed but they were the survivors. Most of the staff did I realise that aid had not equally scarred by the disaster. members who worked with me at reached some of the neediest ones. our workstation were not un- I immediately made some phone Inner strength touched by the tsunami. Bapak calls to a list of NGOs that one of Harun lost his wife who was my teammates had brought with Ironically, on the other side of home alone when he brought his her. Banda Aceh that was not hit by two children out for a haircut. the wave (at least not physically), “There is no use to cry. Crying I finally got through to an NGO, it was business as usual. Buffa- won’t bring her back. I have to the Jesuit Refugee Service, and loes grazed and egrets hunted for keep living for my children’s told them of the situation. I was snails in the rice fields. It would sake”. given an address. I later told my have been hard to believe that this Acehnese friends about the exist- was also Banda Aceh if not for the Bapak Rahman became the sole ence of this NGO at the given ad- overwhelming presence of foreign survivor in his family of five when dress and that they should go to military trucks, international or- a wave tossed him out of the wa- the office. They asked me to write ganizations and NGOs. Once in ter and onto a tree. Ibu Yati lost a a note to the person in charge at a while, the breeze would carry daughter when the baby was torn the NGO, which I did together with it a solemn and lingering re- out of her grip by the sheer force with my contact number. That af- minder of the departed still of the water. “I might have lost a ternoon, we were called for a meet- trapped under the rubble. child but I have four others to take ing in another office. When we care of and we need to bring food came back a few hours later, lo and My teammates and I were sent to to the table,” she said, revealing a behold, there was food on the ta- Banda Aceh as part of the United deep inner strength. Many of them ble and bags of rice and boxes of Nations’ relief team assigned to had lost their homes while some water and biscuits. Everybody help in capacity building of a gov- still had their houses standing but went home that day with a full

Aliran Monthly : Vol.25(1) Page 21 smile. Despite not touched. The friendship that was knowing what they built over the period of my assign- would wear and ment at Banda Aceh went deeper how their growling than anyone could imagine. It was stomachs would be a friendship built on pure human- fed the next day, ity. That friendship, they said, was they courageously a consolation to them, a reminder faced the morrow. that they were not alone in this Despite not know- “great test from God.” ing where they would sleep each The day before I left Banda Aceh, I night, they still man- noticed there were shoots sprout- Shoots sprouting: sign of hope and resilience aged to appear at ing from the trees that seemed to their workplace be dying due to the potent brack- stomach and some provisions. each morning. ish water; a sign of hope and re- silience in this tortured land. Each day when I saw them, I could Banda Aceh might have lost al- feel their grief. I could feel their most half of its population, but its As I waited to check in at the air- guilt for not having been able to survivors had not lost hope, their port, I saw a young girl clad in a save their loved ones and others will to survive or their determina- T-shirt and a towel coming out around them. Bapak Hamdan tion to rebuild their homeland. from the bathroom - must be one of shared his experience of wading Aziz, our supir, told us: “I want to the IDPs (Internally Displaced Peo- through waist-high muddy water get married to my girlfriend as ple) from one of the camps near the while escaping to safety with his soon as possible so that I can start airport, I thought. How long more family and his helplessness at a family and rebuild Aceh”. would she have to make do with a being unable to rescue those cry- public restroom until she found a real ing out for help under the rubble. How could anyone not be hum- home. Contrary to the impression that I bled by the strength of the had of Aceh being a male-domi- Acehnese? This strength, I sus- I left Nanggroe Aceh Darussalam nated society, I noticed the women pect, was developed over the dec- still in a daze. I had seen and felt were the real pillars of strength. ades of political struggle between so much in 11 days that I could Most of the weight was carried by them and the Indonesian govern- not make sense of everything. the women, at least in the office ment. These poignant moments and we were stationed in. The women memories are a solemn reminder were the ones who got things or- The Acehnese, I found, were a sin- of how fragile life is; ironically too, ganized in the office. They were cere, honest, genuine and gener- they have also revealed how re- the ones who gathered the ally God-fearing bunch. Interest- silient life can be. drenched books and files that fell ingly, the men generally preferred into the muddy water to dry. Also their cigarettes to real food. Once I It will take me a while to digest contrary to the impression that I asked a man for a favour and told everything. My only wish is that had earlier, the men, I noticed, him to spend the remaining my short presence in the land of were relaxed in the presence of money that I gave him on some hope has touched my Acehnese women who had not covered their food or other necessities for him- friends, for they have touched me heads. They were definitely more self. I later found out he had spent profoundly with the remaining relaxed than most Malaysian the money on a pack of cigarettes inner strength they have. q Muslim men. and returned the remaining money to me. Indeed, these beau- Smiles, hope tiful people never ceased to amaze Huang Li, an Aliran member, and resilience and amuse me. is a Malaysian post-gradu- ate student concerned about And yet, despite these painful ex- Still, it was not easy listening to social issues. periences, they still managed to their stories without being

Aliran Monthly : Vol.25(1) Page 22 This is why Aliran has called for an open hearing whenever private monopolies like Pos Malaysia want to hike their rates. Such a hearing would allow consumer groups and others to inspect the firms’ books. The privatised mo- nopolies would be made to justify their proposed tariff increases while public views would be taken into consideration. As things stand, the government ap- pears to be approving tariff hikes without consulting the public; it seems to be representing the in- terests of privatised monopolies A record of Aliran'sAliran'sAliran's stand on current affairs. and not those of the public at large. Is this what the rakyat ex- Union Network International’s pect after giving the ruling coali- Pos Malaysia hikes Postal News (Issue 7, 2003) re- tion such a huge mandate in the rates despite hoarding ported the following significant last general election? huge cash reserves development: “In May 2001 the news shook the postal world, i.e. If Pos Malaysia wants to automate the (Malaysian) government de- and improve its efficiency, fine; it It is never enough, it seems - espe- cided to sell out its majority shares should find other ways to encour- cially when one is consumed by to Phileo Allied, a financial com- age consumers to conform to greed. Aliran is disturbed that Pos pany. It was the first case that the standard mail sizes (to make it Malaysia has decided to increase shares of public postal corpora- easier for mail to be processed by postal rates despite sitting prettily tion were sold out to a private machines). And it should be think- on a huge cash stockpile and earn- banking company.” It further ing of passing on some of the sav- ing sizeable profits. noted: “Currently, the government ings from improved efficiency to owns 30% shares and employees the consumers - not making them This privatised firm actually has of Pos Malaysia own 15% shares. pay more! an astounding three-quarters of 54% shares are owned by Phileo a billion ringgit stashed away in Allied, which changed the name The postal rates for standard mail cash or near-cash assets. In ad- to Pos Malaysia & Services Hold- for the public may be unchanged dition, Pos Malaysia is believed ing Bhd. They are the owner.” - but this is only because this sec- to earn some RM90 million tor is shrinking given the in- ringgit annually in commis- The Edge Daily (11 Aug 2004) ob- creased use of handphones and sions for acting as a collection served this of the now-restruc- e-mail. The public will still have agent for bill payments on be- tured Pos Malaysia: “…one can’t to pay more for international mail. half of various firms. Not sur- help note the company’s own pro- prisingly, Pos Malaysia posted pensity to hoard. In this case, a What’s more, postal rates for busi- a net profit of RM 61million for huge pile of cash. Pos Malaysia is ness mail have soared - and in- the nine months ended Septem- one government-linked company evitably the costs will be passed ber 2004 - an increase of more (GLC) that runs a monopoly that’s on to the public. Even NGOs like than 40 per cent from the corre- more secure than the queen’s Aliran will be heavily burdened. sponding period in the previous crown jewels.” Yes, this is what At present, Aliran pays 35 sen in year. It is projected to earn a net happens when you have a priva- postal charges for each Aliran profit of close to RM100 million tised monopoly with no competi- Monthly (“printed matter” cat- this year based on existing tion - consumers are at their egory), weighing 60-65 grammes, postal rates. mercy. mailed to subscribers. From 1

Aliran Monthly : Vol.25(1) Page 23 March 2005, it appears that we Malaysians are so against the pri- to make even more profits on the will now have to pay 50 sen in vatisation of healthcare, high- back of cheap, easily exploited postal charges (under the new ways, water and other basic and vulnerable migrant labour. “periodical” classification) - a amenities? Many of these migrant workers whopping 43 per cent hike! are denied the basic rights due to Aliran Executive Committee them as workers. They even have Inevitably, Aliran Monthly will be 17 February 2005 to surrender their passports to forced to increase its subscription Endorsed by: their employers and are not en- rates. If a non-profit NGO like Campus Ministry Office, Penang couraged to join trade unions. At ours has no choice but to raise Diocese (CMO) •Group of Con- the first sign of discontent among prices, what more businesses, cerned Citizens (GCC) •Justice and the migrant workers due to ex- banks, credit card companies, and Peace Commission, Penang Diocese ploitative working conditions and lawyers’ firms, many of which (J&P) •Malaysian Voters Union lower-than-promised wages, they will not hesitate to pass on their (MALVU) •Monitoring Sustain- are quickly packed off home. higher postal costs to consumers ability of Globalization (MSN) •Na- one way or another. tional Human Rights Society Apart from the exploited migrant (HAKAM) •Penang Diocesan Youth workers, the ones who will be hurt It is interesting to note that Pos Network (PDYN) •Penang Office the most are Malaysian workers, Malaysia’s Managing Director/ for Human Development (POHD) especially the Malaysian poor. CEO Ikmal Hijaz Hashim was for- •Save Ourselves (SOS) •Society for This new policy will encourage merly the President of the UEM Christian Reflection (SCR) •Suara more migrant workers - whether Group Property Division and con- Rakyat Malaysia (SUARAM) they are legal or undocumented currently held the Managing Direc- migrant workers - and further de- tors’ positions of Renong Berhad Exploiting migrant press the wages of semi-skilled and its subsidiary, Prolink Devel- labour; depressing and unskilled Malaysian work- opment Sdn Bhd. He also sits on local wages ers. Many Malaysian factory op- the board of Faber Group Berhad erators, restaurant waiters, clean- as the Designated Director as well Aliran is befuddled by the ers and garbage collectors will as at other major subsidiaries Malaysian government’s policy suffer. They could even be laid off namely, Faber Development Hold- on migrant workers. On the one as employers resort to contract la- ings Sdn Bhd, Faber Hotel Hold- hand, it wants to send back all bour - usually made up of lowly ings Sdn Bhd and Faber Medi- undocumented migrant workers. paid and exploitable migrant Serve Sdn Bhd and other UEM On the other, it would like to open workers - to save costs. Group property related private lim- up even more sectors of the ited companies. Ikmal was also the workforce to migrant workers. A thorough revamp is needed in PLUS Managing Director from our policy towards migrant work- 1995 until 1999. Many Malaysians Let us be clear that this opening ers. There is nothing wrong in hir- would probably be familiar with up is not a sign of “liberalisa- ing migrant workers, but they these firms, especially PLUS, the tion”, indicating a more enlight- must be paid the same wages as company that keeps on hiking ened attitude towards migrant their Malaysian counterparts and highway toll rates. workers. Neither is it motivated by should enjoy all the basic rights a desire to help poorer countries due to a worker - including the In Nov 2004, The Edge reported: in the region by providing em- right to join trade unions and to “Pos Malaysia’s profitability con- ployment to their citizens. engage in collective bargaining. tinued to improve at a faster rate Let us not be regarded as a nation than turnover, signalling a con- Instead, this new policy appears that exploits cheap migrant labour tinuation of improving cost to be motivated solely by a desire at the expense of low-income efficiencies.” So why raise postal to serve Malaysian corporate and Malaysian workers to fuel our rates, especially when the firm is business interests. By opening up economic growth. sitting on a huge cash stockpile even more sectors to migrant work- and running a profitable opera- ers, the government is allowing Aliran Executive Committee tion? Is it any wonder that many corporate and business interests 19 February 2005

Aliran Monthly : Vol.25(1) Page 24 LABOUR Let’s put our house in order first It is time to take action against employers and agents who recruit undocumented migrant workers by Joachim F. Xavier

omeone once said that the truth always hurts. SSS Recently, Indonesian Manpower and Trans- migration Minister Fahmi Idris ac- cused Malaysia of not protecting undocumented migrant workers from unscrupulous employers who took advantage of the Malaysian Government’s relent- less drive to send undocumented workers packing. Fahmi went fur- ther to accuse Malaysia of being lenient on employers but hard on workers, of being biased in its en- lending them our assistance and diplomatic embarrassment? forcement of the law. Unfortu- wherever possible. We are good Or was it because thef Police had nately, these accusations did not and caring people, you see! questioned the lack of coordina- go down well with Malaysians. tion within the police? Or did we We reacted indignantly and in a Caring Malaysians? extend the amnesty because we typically Malaysian style – just would look bad if we sent migrant deny! But are we? Did we provide jobs workers home when they had no to the Indonesians because we houses to go home to? Did we care Newspapers were full of state- truly cared for their welfare or was for ourselves or for the migrant ments chiding the minister for his it because we wanted to expand workers? strong words. Politicians did the our economy using cheap labour usual, scrambling to deny these – documented or otherwise? Did It is high time we called a spade a statements before even finding out we extend the amnesty period be- spade. The truth is we have if there was any truth in them. cause we truly cared for the mi- treated migrant workers without Ordinary Malaysians felt Indone- grant workers or was it because any care and concern for them. We sia was being ungrateful. After all, we were worried about a possible were too concerned about our own Malaysia has been such a good implementation disaster if the selfish wants and desires. It was neighbour. We provided the Indo- crackdown went full force with- all about our economy, our busi- nesians with job opportunities out the participation of the Police? nesses, our wealth, our health and and a better life. We extended the our society. It was never about the amnesty period three times and Or was it because the Home Af- migrant workers and - if our cur- even took a softer approach with fairs Ministry had finally come to rent responses are anything to go Ops Nasihat. We also claimed we terms that the possibility of cor- by - it will never be about their well were the first to arrive in Aceh af- ruption within its ranks could being. Even now, the Home Min- ter the tsunami struck Indonesia, lead to potential abuse of power istry is working hard to get these

Aliran Monthly : Vol.25(1) Page 25 workers back to Malaysia legally weak position of migrant workers; But this is a national issue. It in- so that our economy won’t suffer. instead, we closed an eye to the volves people and their future. We bullying and harassment of mi- are dealing with human beings Facing the raw truth grant workers. who have dreams, hopes and needs. One would have thought For so many years now, we have We have turned a blind eye for far that after years of unsuccessfully given migrant workers a raw deal. too long. And now when a foreign trying to stem the influx of un- We only wanted their labour – government has finally decided to documented migrant workers, the nothing else. This is evident in the defend their people’s rights, we Government would have aban- many ways Malaysia has turned jump up indignantly, cry foul and doned its ad-hoc approach and a blind eye to all the atrocities the feel that it is actually we who have tackled this issue firmly but hu- workers have endured here as a been treated unfairly! How blind manely at its source. result of the biased administra- have we become? We perhaps tion of the law, which does not need to examine our motives and Primary issues – protect the workers but instead admit that they have not been as errant employers victimizes them. noble as we often make them out and inadequate to be. law enforcement We did not bother to ensure they received just wages; instead, we Ad-hoc responses Migrant workers will always be allowed these workers to be attracted to Malaysia because we milked to the hilt — up to 12 So, what is all the fuss about? have plenty of work opportunities hours a day in many cases — un- What’s wrong with wanting to here. Who creates these work op- der atrocious conditions. We did deport undocumented workers portunities? Employers, of course. not bother to ensure employers back to their countries? Isn’t that provided workers with decent liv- something that every country Unfortunately this is where the ing conditions; instead, we en- should do to preserve law and crux of the problem lies – the pri- sured that many houses would be order? Of course - any sane per- mary cause. Although a majority built with their sweat and tears son would agree with that. The of Malaysian employers are law- and occasionally with their lives issue is not the deportation of mi- abiding citizens, there are also an — for the comfort of Malaysians. grant workers, but rather the man- equally large number of employ- We did not bother to ensure that ner in which we have chosen to ers who will not hesitate to hire the justice system would ad- deal with these very pressing is- undocumented workers. It is equately protect migrant workers sues that has cast a cloud on our cheaper - no agent’s fee or govern- whose services had been arbitrar- motives and integrity as a caring ment levy to pay. It is a lot faster - ily terminated; instead, we main- nation. minus the bureaucratic hassle of tained our pro-business attitude both sending and receiving coun- to ensure that Malaysian employ- Has the Malaysian Government tries and definitely a lot more con- ers maximised profits on the back - specifically, the Home Affairs venient - when you don’t need the of cheap labour. Ministry and Human Resources workers, just discard them into the Ministry - taken the time to sit streets. Such employers are creat- We did not ensure that cheated down and find out the real rea- ing ample employment market for workers were allowed to remain sons why there are so many un- undocumented migrant workers. in the country to exercise their le- documented migrant workers in gal rights to resolve their griev- this country? Or have they been To ordinary people in neigbouring ances in court; instead, we said too busy dealing with issues on countries who struggle to feed nothing when our politicians an ad-hoc basis. If Home Affairs their families, the juicy carrot of made empty promises and rhetori- Minister Azmi Khalid or Hu- employment in Malaysia is just too cal claims that migrant workers’ man Resources Minister Fong hard to resist. They therefore risk rights have always been pro- Chan Onn were both dealing everything to come here and take tected. We did not bother when the with termite infestations in their up the offer, which in their minds, enforcers of the lawin some cases homes, an ad-hoc approach is a lot better than starving back took advantage of the poor and would be sufficient. home or worse, seeing their fam-

Aliran Monthly : Vol.25(1) Page 26 ily members die of hunger. To aware that they can get away with mum trying to track them down these individuals, no law which it. They know that only workers or when our detention centres and promises whipping and detention are hunted down and not employ- jails are bursting at their seams? is going to stop them from coming ers. They also know that even if Why are we upset when social is- to Malaysia. To them only the law the law does catch up with them, sue problems crop up? of life and death applies. corruption could very well save them for another round of exploi- Why do we get upset when these As long as there is a demand, tation and abuse of workers. It is workers insist on their wages or there will be supply. But what if as simple as that. when a minister of a foreign coun- we kill the demand? What if po- try takes Malaysians to task for tential undocumented workers What about greedy agents? They not being fair and objective in begin to see that they won’t have sit right in the middle of the de- handling our affairs? And why do a job when they arrive on our mand and supply chain. Some of we get upset that diplomatic ties shores? What if word got around them go as far as transporting the are strained when the status quo in their villages that there are workers into the country, greasing is openly questioned? Isn’t all hardly any Malaysian employers the palms of the occasional en- these our own doing? Did we not who would give jobs to anyone forcement officers they meet along bring this upon ourselves when without valid documentation? the way, and then dumping the we were so utterly callous and Would these workers still come or workers on our shores without as indifferent when the primary is- would they encourage their much as a referral of a potential sues kept surfacing, staring at us friends to come? I think not - for employer. The agents then disap- in the face, screaming for atten- no right minded worker would pear into thin air and so too the tion? part with RM5,000-10,000 (illegal dreams of the newly arrived mi- agent’s fee) when he knows that grant workers. These agents too The truth hurts he is not going to receive more in are aware of the feeble law en- return. But is this the case now in forcement culture in Malaysia We got upset because we got hurt. Malaysia? and are laughing - laughing all We got hurt because the truth was the way to the bank. spoken – and it always hurts, es- In Malaysia, migrant workers can pecially when we know it. Unfor- waltz in and be assured that there What good is a law if it is not en- tunately it took a top ranking offi- are numerous employers who forced? It is not worth the paper it cial of a neighbouring country to would happily offer them jobs. It is written on. If a government has boldly jolt us out of our compla- does not matter if the wage is bad been callous in the enforcement of cency. Various NGOs in Malaysia for that’s a lot better than no wage the law, it has by and large al- and internationally have for a at all. And why is this so? Why lowed the perpetuation of such long time highlighted these issues do unscrupulous employers not illegal activities and it becomes an through various channels but of- hesitate one moment to employ accomplice to such activities. If a ten, it was met with indifference. undocumented migrant workers? government becomes party to such Because, the Government, in many activities, then the nation must I personally have written to the cases, closes an eye. Although the brace itself for the damaging con- Home Affairs Ministry and Hu- law is very clear that such employ- sequences. man Resources Ministry, appeal- ers would be punished severely, ing to them to allow a group of the enforcement of this law has Secondary issues Indian workers who had brought been utterly pathetic. Even the their employer to court to be per- Home Minister has lamented that With such activities happening mitted to stay (and hear their case very few employers have been right under our noses, why are we until the case was resolved). No charged in court for hiring un- surprised when a host of second- reply was received – not even an documented workers. ary issues arise as a result of the acknowledgement. It was only af- presence of over a million un- ter we staged a sit-in in But, until he translates his words documented migrant workers? that the government looked into into enforcement, it is mere politi- Why are we upset when our re- our plight. Such indifference has cal rhetoric. Employers are fully sources are stretched to the maxi- led Malaysia to its present state.

Aliran Monthly : Vol.25(1) Page 27 Our image has been tarnished by some compromised law en- most Ministers will never hear in and we have become the laugh- forcement officers who refuse to their lifetime. ing stock of the region. investigate when reports are made. And unless the Government lends But all is not lost. If the Govern- a ear to these organisations, they ment abandons its ad-hoc ap- And what about recruitment will never get even close to under- proach in addressing secondary agencies who bring in workers il- standing the hearts and minds of issues and instead channels its legally? Until and unless the Gov- migrant workers and why they do energies into tackling the primary ernment is able to tackle these what they do. Without such un- issues, Malaysia would get some- problems, it would be too ambi- derstanding, trying to solve the where - hopefully with its cred- tious to hope that it would be able issue of undocumented migrant ibility intact. to fairly enforce the law on mi- workers is akin to trying to shoot grant workers or employers. The an arrow in a pitch dark environ- Enforce the law on issue of corruption has been a ment. It will never hit its target but employers… huge black mark in the Malaysian could instead fly astray and hurt scene and I fear more interna- someone else! The Government must enforce the tional exposure and embarrass- law on employers. The law is ment is at risk if the government Finally, let us not cringe under clear. The Immigration Acts, continues to mete out further self- Indonesia’s strong reaction. Its 1959/63 (Am. Act A1154) prom- righteous ‘operasi’ that do not time we humble ourselves and ises a maximum fine of RM50,000 take into account its own glaring admit that the injustices have been or a five-year jail term for hiring and unacceptable weaknesses. blatant and that we have failed undocumented migrant workers. miserably. Claims that Indonesia Is the Government aware that there is biting the hand that feed it are Such enforcement must be given are many illegal agents as well? at best immature and unduly de- wide publicity so that all employ- Has there been any talk about fensive. Our humanitarian re- ers in the country will have no these agents who amount to noth- sponse to Indonesia does not ab- doubt that the Malaysian Govern- ing more than conscience-less peo- solve us of the responsibility to ment will come down hard on em- ple involved in human trafficking? ensure that we treat migrant work- ployers who so much as attempt Will there be a crackdown on agents ers justly and fairly. In fact, if Ma- to hire undocumented workers. as well? They have become an inte- laysia is bold enough to claim that This enforcement must be all-year- gral part of the supply and de- it is a compassionate and caring round and unrelenting just as the mand chain, bringing in workers nation, it has only served notice Government is unrelenting in irrespective of whether there are on itself to conduct all its affairs dealing with undocumented mi- jobs available or not - much to the in such a manner at all times and grant workers. The public should detriment of the hopelessly trust- not only when it is convenient or be encouraged to report errant ing migrant workers. glamorous to do so. companies. Workers caught in the process must be paid their dues Treat others as It is said that the maturity of a but thereafter deported to their we would have nation can be judged by the way countries of origin. others treat us it treats it weakest and poorest members of its society. If such a Enforce the law! NGOs have had long grassroots judgment was ever pronounced experiences in this field. Unlike on us, I wonder how Malaysia The Government must clean up its our dear Ministers who sit at would fare. q house by wiping out rampant cor- heavy-oak tables in tinted-tiled ruption among law enforcers. To- palatial buildings, NGOs zig-zag day it isbelieved that some law en- the country meeting and talking Joachim F Xavier is the forcement officers solicit bribes to migrant workers in jungles, migrants’ ministry officer from migrant workers. It is also kongsis and construction sites. at the Penang Office for believed that errant employers are They get their hands and feet dirty Human Development ‘protected’ from possible action but they also get the scoops that

Aliran Monthly : Vol.25(1) Page 28 In stating his case, Ustaz Ismail sounded very authoritative in quoting a specific provision of the Trade Union Act 1959.

But A Rajaguru, the former NUTP secretary-general, in his reply car- ried in on Jan 4, 2005 and MALAYSIATODAY on 8 January 2005 entitled ‘NUTP president confused, ignorant’ had dismissed Ustaz Ismail’s claim as utter rubbish.

Rajaguru had contended that there was no ‘paragraph 30’ in the Trade Union Act of 1959. Letters must not exceed 250 words and must include the writer's Rajaguru had further thrown a name and address. Pseudonyms may be used. Send letters to : challenge at Ustaz Ismail, “I Editor, ALIRAN MONTHLY, 103, Medan Penaga, 11600 Penang, challenge Ustaz Ismail to quote Malaysia or e-mail to : [email protected] Views this section in full to support expressed need not reflect those of Aliran. If you are sending Siva’s nomination and justify by e-mail please include your message in the e-mail body itself. the exco’s authority in nominat- We do not open attachments to avoid viruses. ing Siva.”

Keep it up! It is nearly one month since No more Ustaz Ismail was challenged to Aliran Monthly I have read your magazine for quote this section. And he has more than four years now and it not reponded. is very encouraging especially the articles on what is going on in the Why is Ustaz Ismail mum? Has country. Keep it up! he been struck dumb or has he run out of logic? Isn’t it obvious that Ding he was trying to hoodwink his Lutong, members and fool the public!

Why is Ustaz Ismail Obviously there is no ‘paragraph mum? 30’ in the Trade Union Act 1959! This is to inform you that we wish to stop receiving On 23 December 2004, in a letter NUTP WATCH Aliran Magazine and please published in Malaysiakini, ‘Siva’s exclude our union from your MTUC nomination done by the book’, Snoops, snitches & subscribers' list with imme- Ustaz Ismail had stated very licensed voyeurs diate effect. boldly, “Siva is being nominated as one of the 42 delegates of the HAKAM is appalled at the Ma- K Alaga NUTP in his capacity as a staff of lacca 4B Youth Movement’s pro- Deputy General Secretary the NUTP. This is in accordance posal to introduce “moral guard- Transport Workers Union with Trade Union Act 1959 para- ians” to snoop and snitch on the graph 30 and also MTUC Regula- “immoral activities” of their tions 6(6).” youths.

Aliran Monthly : Vol.25(1) Page 29 That such a preposterous propo- Maybank does not any dividend for my unit trust sition has the approval and en- follow its own rules was entered into my account. I dorsement of no less a personage was shocked. On questioning the than the Chief Minister of Ma- It is indeed gratifying that the gov- officer at the counter, I was shown lacca, and is to be tabled before ernment has at last decided to a large board announcing the in- the Supreme Council of the Na- regularize various service charges terest rates on Fixed Deposit and tional 4B Movement next month, being collected by the Malaysian savings account. It says a savings is indicative of how low respect banks from their customers. The account holder should have a for individual liberties has fallen details of the guidelines concern- minimum of RM75, 000 - (yes, sev-sev-yes, in this country. ing this, we are told, would only enty-five thousand ringgit)ringgit - to be be made public by Bank Negara in eligible for1.25% interest per an- The deployment of anyone to spy the beginning of 2005. num. As for dividend for Unit and report on the activities of his/ Trust, not even a cent was declared her neighbour is in itself wholly This letter is intended to expose the for 2004, I was told. immoral; and HAKAM is unable problems I face with my bank and to fathom how the encouragement to draw the attention of Bank Well, what do the rules of the Sav- of young people to commit such Negara so that this could be recti- ings Account Passbooks of both morally repugnant and reprehen- fied. the Mayban Finance and sible actions can enhance the spir- Maybank say? According to the itual and moral development of I had been having a savings Bank rules, anyone who has a balance society. account with Mayban Finance of not less than RM10.00 - (yes,yes,yes, Berhad for more than two decades. ten ringgitringgit)ringgitten - is entitled to current The proposal recalls a similar Since June 1999, I have been hold- rate of interest. move during Cambodia’s darkest ing 10,000 units of Mayban Bal- hour under Pol Pot and the Khmer anced Trust Fund. All my trans- Being a pensioner with no other Rouge when that loathsome re- actions have been going on satis- source of income, understandably gime set neighbour to spy on factorily until recently. A few my savings are very negligible. But neighbour, and children on their weeks ago, I received a circular I am sure that thousands upon parents, to record and report letter informing me that Mayban thousands of Savings Bank Ac- “anti-communist” activities to the Finance would be merging with count holders out there like me do authorities. Maybank. As advised, I went to not have any better balance or any the Finance office and an officer more units of unit trusts than I For “anti-communist” in Cambo- changed my account number. have. And all of us have been put dia in the 70s read “immoral” in into this predictment by an uncar- in 2005. The Finance Company had been ing bank that reaps huge profits calculating the interest on a daily out of our misery. HAKAM is firmly of the opinion basis and entering it monthly in that this 4B Youth proposal far my passbook. Further I was get- Maybank is government owned from uplifting the moral standards ting a dividend regularly for my and makes staggering profits every of youths in this country will only unit trust every year: RM435.04 year. Is it right on their part to vio- succeed in nurturing a nation of (Sept 2000); RM310.67 (Sept 2001); late their own declared rules to rob snoops, snitches and licensed vo- RM394.53 (Sept 2002) and us of our meagre income in our old yeurs! RM327.14 (Sept 2003). age? Am I expected to believe that my investment of RM7, 600 for Cecil Rajendra I went to Maybank on Dec 4 to 10,000 unit trust in 1999 did not President update my account. My savings earn even a single sen in 2004? book showed that there was a bal- p.s. This statement was sent to the ance of RM182.18 on Dec 3, 2003. Bank Negara, please clarify and mainstream media but none of them end our misery. carried it. On updating, I noticed that nei- ther interest for my savings nor K. George

Aliran Monthly : Vol.25(1) Page 30 MCA has definitely was a forerunner to the Education dled and conditioned mind is not failed in politics Ordinance 1957. The Razak Re- easy to “un-cocoon” port went along somewhat with In the Malaysian politics of com- the mode of then colonial British Well wisher promise, those who do not hold mind and the conventional edu- central power do not get any at- cational practices envisaged for Russia slides back to tention unless their problems are the natives. It also somewhat jived authoritarian rule severe. Whether you are a work- with the traditional education ing class ethnic Chinese/Indian practices of the three main ethnic My heart goes out to all the family or a poor heartland bumiputra, groups here. and friends of those children who you do not even get heard unless died caught in the middle of a con- your problem becomes too un- The Rahman Talib Report (1960), flict no one wants except those sightly – meaning it gets some based on national integration ten- madman-holding positions of publicity. The attempt to label the ets, saw the need for the Malay power. MCA as having abandoned poli- language as an integrating force - tics is a good way to put the issue and rightly so. This was reflected I strongly believe that the Russian in this context. in the Education Act 1961. government must sit down and talk with the rebels of Chechnya I am not sure if the MCA has aban- In 1979, Dr. Mahathir’s report, if these sort of callous acts are to doned politics completely but its completely redefined the educa- cease. Yes, the blame is squarely clear they have failed. The excuse tion system with politically moti- with the mindless criminals who such as the so-called social con- vated aspirations. But national took hostages in the first place but tract and UMNO supremacy is unity and patriotism could not be to carry on saying that, without just an excuse for their own long invoked well even 21 years later. any action to resolve the ongoing complicity in the perpetuation of The Malay dilemma has now prolonged conflict, does not help myths for their own selfish ends. turned into the Malaysian di- the innocent people who keep Worse, it is a reflection of their un- lemma – the Malaysian educa- dying in vain. willingness to risk their well-be- tional dilemma. ing for a cause. Perhaps there is It is all right to talk tough when too much to lose for the Chinese Maznah has succinctly captured you sit in an air-conditioned of- community to fight for their ide- the essence of this. The education fice and go everywhere with body- als. Perhaps the Malay masters system seems pathetic in the era guards and in armour-plated lim- have been smart enough to make of globalization. We are back-ped- ousines but what about the rest of sure this was always true. If so, alling, aren’t we? In terms of edu- us who have to suffer acts of ter- then the Chinese community de- cation, we were once acclaimed to rorism? Violence begets violence. serves what it has got - eunuchs be among the better nations of the as their political representatives. British Commonwealth. Some of What Putin has done in the folks from our older genera- Chechnya is coming back to LCH tion had even beaten the best of haunt him. Thousands of fami- the British in academic perform- lies without fathers figure due Malaysia back- ance e.g. Eusoffe Abdoolcader. to the atrocities of invading pedalling in education forces are now retaliating by We have the laws, rules and regu- bringing the war to the doorstep Maznah Mohamad’s article on lations, but when it comes to en- of the Russian people. Those education, written some time ago, forcement we are not efficient. Our who got their battle plan and deserves praise and recognition. education system has not pro- strategy wrong are blaming all This is one of the most outstand- duced quality people for the job. sorts of people including Arabs ing articles ever to come out since The inefficient education system who purportedly were found 1969. and practices are reflected in every dead in the school. Can the facet of Malaysian life today. We world see for themselves the The Tun Razak Report in 1956 have lost much ground. A mud- identity of these Arabs?

Aliran Monthly : Vol.25(1) Page 31 I think Putin has shown a clear and total disregard for the welfare Indebted to the courageous of the normal Russian people. His gung-ho ‘John Wayne’ ‘ High judges of 1988 Chaparral’ method is bleeding the This letter is directed to former Supreme Court Justice Russian people. His skills in han- Dato George Seah dling business matters are also suspect. any takers]. The Chechen affair should re- Although the press covered it mind us that nothing much has then without the details you changed in Russia.. mentioned, my like-minded friends and I read enough to Cold War Now Chilled believe a great travesty to the judiciary, the country and its Shoddy roadworks in peoples was taking place. Sungai Siput! Dato, You and your colleagues did The people of Sungai Siput have what you all had to do. You had to put up with 30 years of I am very happy that you de- paid the price. My family and disappointments and disillu- cided to pen the events of I are indebted. The country is sion-ments for having repeat- 1988. You have stated the facts all the richer for men like you, edly picked Datuk Seri Samy as you saw it, to be challenged Yang Arif. Vellu as their Parliamentary rep- [though I doubt there will be Lee resentative. The reason? Dur- ing this period he has done very little either for Sungai Siput resi- dents or for the entire constitu- shody workmanship, installation riously! ency. In other words he has re- of poor quality equipment etc. peatedly betrayed the people’s I wonder how many more acci- trust in him. On top of that, he These glaring shortcomings do dents Samy is waiting for before has also failed to fulfil his elec- not live up to the portrait of self- he would decide to resume work tion promises. glory painted by Samy of himself. on this road! Perhaps he intends Tax-payers money, to the tune of to complete the projects by 2020! Samy may take the credit for a few millions of ringgit, has been spent insignificant developments here on projects haphazardly planned A sour face and saucy tongue - and there, but even these took and poorly supervised by Samy’s even if they belong to a full fed- years to complete! Ministry. eral minister - is hardly the solu- tion under the circumstances. It Samy has been at the helm of the We have a clear-cut example of would be much more practical for Public Works Ministry for about this - right here in Sungai Siput Samy if he would own up to his three decades. He boasts of him- itself? failings, step down graciously self as the minister who laid down and immediately from his minis- the finest infrastructure in the The 3-km stretch from Rimba terial chair and apologise to the country. We believed him at first. Panjang to Dovenby Estate has unfortunate road victims. I am Then came the shocking revela- been under construction for the sure many, especially the people tions - authorities pointing out the past 5 years - and is still far from of Sg. Siput, would heave a sigh abuse of procedure within Samy’s complete! The partly-done job has of relief! Ministry in the picking of contrac- given rise to many accidents along tors for the road, bridge and build- this road, and a good number of J Apalasamy ing projects, poor planning, people were injured, some even se- Cameron Highlands

Aliran Monthly : Vol.25(1) Page 32 WATER MUST NOT FALL INTO PRIVATE HANDS Continued from page 40 market - to generate profits, to in- a) the formalization and clarifi- tisation would hit poor and vul- crease stock values of privatized cation of property rights for nerable groups the hardest. firms and to cater to other invest- water by the federal govern- ment considerations. ment; Prepaid cards for the consump- b) the implementation of full cost tion of water guarantees full cost Underlying water privatization is pricing or the recovery princi- recovery. Water companies use the notion that access to water is ple to improve the efficiency of prepaid cards as a means of im- no longer conceived as a human services; and proving the management and ef- right or a social good but as an c) the recognition of the eco- ficiency of the system. Under this economic good, a commodity that nomic value of water or eco- system, water firms save on me- can be bought and sold to the nomic pricing of water, which tering and billing costs, thus pro- highest bidder. Essentially, water would be reflected in national moting payment convenience. The privatization involves transform- policies and strategies by 2005, system eliminates tampering of ing water - the source of life, a and mechanisms established meters and allows for self-discon- common good that belongs to all to facilitate full cost of pricing nection. At the same time, it allows – into a profitable commodity. for water services. the firms to reduce their Furthermore, in a privatized en- workforce. vironment, market forces and the In 2004, Malaysian water corpo- profit motive take precedence over rations requested a “revision of Consumers would have access to the fundamental needs and rights water tariffs to make the water water only if they pay upfront. of human beings and society. concession and management busi- The experience in Cebu in the Phil- ness more viable.” The President ippines indicates that water from With privatization, decisions re- of Ranhill, a leading water corpo- prepaid water meters costs about lating to water provisioning or ration in the country, indicated US$3 per cubic metre - higher than access to water will be based on that “the more important issue is the rates in most other parts of the profit considerations and not for the local water industry to shift country. Also, these prepaid cards public health, social equity, and from being a subsidized one into have an expiry date. The use of environmental sustainability. an economically viable undertak- prepaid cards limits access of ing.” The water corporations be- water to the poor, forcing them to Handing over the management lieve that water tariffs should re- also depend on other water and control of water supply in- flect its cost of production. sources, which could be contami- volves providing a legal infra- nated. This has led to major dis- structure and a viable business Full cost recovery ease outbreaks such as dysentery, environment for profit making. cholera and other waterborne dis- The state will have to provide an Privatization involves the imple- ease in the developing world. assurance on private sector rate mentation of full cost recovery in of returns, namely profitability of order for private sector invest- The use of prepaid cards, the in- their investments. Such an assur- ments to be economically viable. crease in tariffs, and the ance requires organizing a pro- Under the full cost recovery strat- disconnections result in the trans- business environment for the wa- egy, consumers would be expected ferring of water from poor to rich ter sector. This involves institut- to meet the full operating and neighbourhoods.It denies water to ing “reforms” to existing institu- maintenance costs of water facili- those who need it most. This situ- tional, legal and financial frame- ties and services. This means that ation, coupled with a general in- work in which business can op- all subsidies and cross subsidies crease in the cost of living in the erate profitably. A key demand would be eliminated. It would country, would burden the poor would be to have an accommodat- also involve tariff hikes, and vulnerable groups. ing policy on water tariffs. disconnections, the transfer of water from rural to urban areas, In Malaysia, prepaid cards are at Reforms promoting a pro-busi- and from poor to rich neighbour- an experimental stage. These ness environment would cover: hoods. Collectively, water priva- cards are being used by Tenaga

Aliran Monthly : Vol.25(1) Page 33 Nasional as prepaid cards for share values and profits for share- velopmental and constitutional electricity. Thus the use of prepaid holders. Senior management is responsibility to its people. It was cards for water (which is illegal beholden to the firm’s sharehold- the state’s development trajectory in UK) should come as no sur- ers. that ensured that the county en- prise. joyed a national average for wa- In contrast, the state has an obli- ter supply coverage of 92.7 per When the distribution and access gation to all citizens with varying cent, an enviable achievement to water is organized around rules interests. The state is responsible comparable to First World nations. of the marketplace and the profit for ensuring a balance between motive, only communities and in- equity, affordability and universal With privatization, access to wa- dividuals who can afford to pay access of essential services. It ter will be based on affordability for water services will have ac- needs a redistributive mechanism and not on need; water would no cess to safe drinking water. involving taxation, subsidies and longer be perceived as a human cross-subsidies to ensure it has and constitutional right. Thus water privatization is about sufficient funds to meet these making money and not ensuring goals. Furthermore, the state The privatization of water re- that that people and citizens have needs to balance its provisioning sources is taking place at a time access to water. In fact there is a obligations vis-à-vis other com- when the cost of other essential lot of money to be made in the peting interests. Most of the state’s services such as healthcare, infant water sector worth about RM 52- responsibility and functions do food, rental, food, petrol, transport 77 billion in terms of new busi- not apply to the private sector. and education is escalating. ness over the next five years ac- These rising costs are cording to one study. Therefore, the same standards of marginalizing the poor and other economic performance cannot be vulnerable groups. Water tariff Resorting to applied between the private and hikes and increased discon- the market public sector. It is difficult for the nections (due to non-payment of state to achieve a balance between bills) as a result of water privati- The government - instead of en- efficiency with equity, zation would further burden the suring equitable access to water, affordability and universal access poor and other vulnerable groups protecting existing water re- given its vast array of economic in the country. sources and catchment areas, pro- activities, social obligations and moting conservation, safeguard- political commitments. The state, In fact, as water becomes more ing the ecosystem and helping however, falls into the “efficieny costly and less accessible, poor vulnerable groups - has decided trap” and decides to privatize its families would be forced to make to resolve water scarcity and pro- water utilities. trade-offs between water, food, vide clean water through the mar- education, medicine and health- ket mechanism. The government From provider to care. This would have an impact believes that the market mecha- regulator on the quality of life and stand- nism is an efficient allocator of ard of living of Malaysians, espe- resources and therefore best posi- In transferring the management cially the vulnerable groups. tioned to distribute scarce water and control of water supply to the resources to the most productive market, the government’s role as The government has embraced the and rational users. Thus the re- a provider of a basic human need privatization of the water system sponsibility for water distribution and the guarantor of basic human as the appropriate policy option is being handed over to the pri- rights is undermined. In this sce- in managing water without an vate sector. nario, the state’s role is trans- open public discussion with vari- formed from one of a service pro- ous stakeholders, including citi- The underlying motivations in vider, guarantor of the welfare of zen groups, consumer groups, managing a private firm differ people, to a regulator and risk ab- NGOs and trade unions. In fact, from the way the state manages a sorber. there has been very little transpar- public enterprise. Senior manag- ency and no civil society involve- ers in private firms organize ac- In embracing privatization, the ment in decisions relating to the tivities and resources to boost state is abandoning its social, de- ongoing discussions on privati-

Aliran Monthly : Vol.25(1) Page 34 zation health and well being of himself vatisation would involve remov- and of his family, including food, ing subsidies and cross subsidies A complete absence of civil soci- clothing…housing” (UN General and would burden the poor. It ety participation in the decision- Assembly, 1948). Clearly, Article would remove the people’s social making process goes against the 25 cannot be satisfied without ac- safety protection, which is the re- will of the government and Prime cess to water as an implicit right sponsibility of the government. Minister. In the 2004 general elec- and a component element. This is tion, the Prime Minister called on because an adequate quantity of Water must be identified prima- the nation to “work with me and water of sufficient quality is re- rily as a public good, access to not for me”. But Energy, Water and quired to maintain human health which is a human right. This does Communications Minister Lim and well being in order to satisfy not mean that water should be Keng Yaik’s complete lack of Article 25. provided free of charge. What is transparency in consulting civil required is a mechanism that can society in the water management The International Covenant on ensure and secure the accessibil- makes a mockery of the Prime Economic, Social and Cultural ity and affordability of water for Minister’s call. Rights (ICESR) 1966 supports the all. notion of the right to water as an Voters have a right to demand implicit right. Central to the Here, the state has an important transparent and accountable de- ECOSOC rights is that govern- obligation in ensuring that the cision making. Voters’ and civil ments have a legal obligation to country’s water resources remain society’s views should be central ensure that their citizens enjoy the in public sector hands. Water is in the decision making on the right to water. such a basic requirement for hu- management of water supply in man life and survival that society the country. In November 2002, the United has to defend the use of water re- Nations Committee on Economic, sources in the public interest. Human rights Social and Cultural Rights in its to water General Comment No. 15 indi- In a privatized environment, peo- cated that the right to water was a ples’ access to water will be a func- Access to water is a human right human right. International hu- tion of affordability; it would no stipulated in various United Na- man rights laws require that gov- longer be seen as a need or a right tions covenants, agreements and ernments take immediate steps, to for the sustenance of life and live- international law. It is both an realize the right to water. Thus, lihood. Specifically, the business implicit and explicit right. The governments have a responsibil- decision to allocate scarce water Chairman of the European Coun- ity to respect, fulfill and protect resources between competing us- cil of Environmental Law, this right. ers will be based on affordability Alexandre Kiss, suggested that and profitability. Allowing pri- the right to water is one of the first In fact, the General Comment un- vate firms to exercise control over substantive environmental rights ambiguously states that access to the distribution and access to recognized internationally. water is a fundamental human water amounts to allowing them right, a right that is a prerequisite to control people’s access to wa- Water as a human right is explic- to the realization of all other hu- ter, their livelihoods and their right itly enshrined in the Convention man rights. The General Com- to life. of the Rights of the Child (1989) ment makes access to water a le- and, implicitly, as a precondition gally binding responsibility for Alternative strategy in the “component elements of an which the state is held account- adequate standard of living” as able. Clearly, from a human rights There are alternative options in promulgated in the Universal point of view, water as an essen- organizing and managing water Declaration of Human Rights tial public good takes priority over resources in the country. Specifi- (1948). water as an economic commodity. cally the government should con- sider a Public-Public Partnership Article 25 of the Declaration states: Water resources, therefore, should (PUPs) approach in managing “Everyone has the right to a not be subject to private manage- water resources in the country. standard of living adequate for the ment and full cost recovery. Pri- The Public-Public Partnerships

Aliran Monthly : Vol.25(1) Page 35 (PUPs) is an arrangement that 99-per cent billing and collection trative excellence and public ensures that water management efficiency - another national high. service help to create an effi- continues to be under the control The company’s strong operating cient management of the wa- of the state and under public con- profit margin of 50 per cent owes ter system in the state. trol. a lot to its low NRW and good rev- • Interviews indicate that, since enue collection rate of 99 percent. 1973, the Penang Water Au- Perbadanan Bekalan Air Pulau thority has operated autono- Pinang (PBA)’s experience in wa- Furthermore, Penang is the only mously and without political ter management could be a basis state in the country that provides interference. Politicians acted to organize PUP arrangements in an interest-free loan of RM 1,000 on the professional advice of the country. Why? At present, to poor communities for connec- the managers. Penang state enjoys one of the tion purposes. The PBA is the only • Since 1973, the Penang Water lowest water tariffs in the country water provider in the country that Authority adopted a ‘commer- and the world. A 1999 compara- can boast cash reserves or its cial outlook with social obliga- tive study of water charges in 65 equivalent of RM 223 million. tions’ strategy. This strategy cities and towns in 38 countries involved increasing access to in Asia, Europe, Africa and the Currently, the state of Penang water at affordable prices United States, indicated that demonstrates a remarkable while ensuring high revenue Penang had the lowest water achievement of a 99 percent uni- efficiency rates. versal access to drinking water at • Political party rivalry, coupled the lowest prices in the country with a vigilant public in the Despite these low rates, the PBA with a 98 per cent revenue effi- state, is said to be another rea- recorded the highest profits ciency. It is important to note that son that has forced the state- among all water providers in the the efficiency requirements were owned utility to be efficient, country. In the last few years, the met with no substantial tariff in- transparent and accountable. company recorded profits be- crease and with a subsidy and tween RM 40-50 million. Also, cross subsidy in place - a phenom- In conclusion, there is no need to water is accessible 24 hours a day enon that turns the privatisation privatize water in the country. We and reaches about 99 percent of logic upside down. This was be- need to promote Public-Public the population in the state. The cause profits of the water utility partnerships in the way water is Non-Revenue Water (NRW) is the were reinvested, and new infra- managed in the country. q lowest in the country at 18 per- structure investments are self-fi- cent, a target attained one year nanced. ahead of schedule (2005). The Charles Santiago is company expects to reduce NRW What are the critical factors that Director of Monitoring to 15 percent by 2010. are responsible for the success of Sustainability of Glo- this ‘model’ of water manage- balization and coordi- Its employee-to-connection ratio ment? is about 1:373, that is one PBA nator of Group of Con- employee for every 373 water con- • A management and work-force cerned Citizens. nections. The PBA has attained a that is committed to adminis-

“Water is a commons. . . It cannot be owned as private property and sold as a commodity.” How can one justify claiming water as their own through contractual agreement while letting another human being go thirsty? Water is a commons because it is the basis of all life. Water rights are natural rights and thus are usufructuary rights, meaning that water can be used, but not owned”owned”owned” Vandana Shiva

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Aliran Monthly : Vol.25(1) Page 39 PRIVATIZATION Why water must not fall into private hands

Profitable and efficient Penang Water Authority is a model for the public management of water supply by Charles Santiago

n 18 January 2005 the Water privatization: Malaysian Parliament its impact on people OOO amended the Federal Constitution to transfer Why does the Federal Govern- the jurisdiction of water supply ment want to privatize water? The management from the respective government and the mainstream states to the Federal government. media tell us that the states have This will involve the Federal Gov- limited financial resources and ernment taking over water treat- thus they are reluctant or unable ment, operations, billing and dis- to maintain their respective water tribution activities. Opposition supply system resulting in the parties and civil society groups supply of dirty water and ineffi- feel that the government’s move ciency in providing clean water was unconstitutional. supply. Simply put, the state gov- ernments are said to be inefficient In March/April 2005 the govern- and operating at a loss, and there- ment will present two Bills to Par- fore the Federal government has liament, namely the Water Indus- to step in to provide water effi- try Bill and the National Water ciently and effectively. Further- Services Commission (SPAN) Bill. more, Federal government inter- These bills, if passed by Parlia- vention is perceived as crucial to ment, will effectively set the stage avoid the possibility of a water for the full-fledged privatization crisis or scarcity in the country. of water supply in the country. The government, however, has an- Water privatization is not just nounced that a parliamentary se- about providing clean water and lect committee will be set up to get being efficient. It involves the public comments and feedback on handing over or the transfer of the these Bills. management and control of wa- ter supply to private hands. Spe- The National Water Services cifically, water privatization in- Commission will regulate the wa- volves organizing the water sup- ter industry including licensing, ply system around the rules of the tariffs, and the capital expenditure of water treatment and supply firms. Continued on page 33

Aliran Monthly : Vol.25(1) Page 40