5127 / RM3.00 / 2003:Vol.23No.7

PP3739/12/2003 ISSN 0127 - 5127 / RM3.00 / 2003:Vol.23No.7

Aliran Monthly : Vol.23(7) Page 1 COVER STORY

The Keadilan-PRM Merger New Politics And A New Party A fresh start to the promotion of a new non-communal approach to Malaysian politics by Muzaffar Tate

t last it happened. On Many people questioned the ben- Such considerations are beside the AA the morning of 3 August efits that Keadilan could hope to point. The justification for the AAA 2003 at the Chinese As- get by joining forces with the PRM, merger and its significance lie sembly Hall in Kuala which despite its valiant record within the larger context of Lumpur the merger between Parti of struggle for the causes of de- Malaysian politics. Keadilan Nasional and Parti mocracy and social justice had Rakyat Malaysia (PRM) formally remained very small and had In brief, since 1957 Malaysian took place and the new Parti fared miserably in past elections. politics has been characterized by Keadilan Rakyat or Peoples’ Jus- On the other side, there were those two things: communalism and a tice Party came into being. Before who wondered whether the PRM steadily increasing authoritarian- a gathering of around 2,000 peo- would betray its principles by ism. ple, Datin Seri Wan Azizah was merging with a party, the bulk of proclaimed its president and Dr whose members were certainly Communal Politics Syed Husin Ali its deputy presi- not socialists. dent. The vice-presidents and The dynamic of communal poli- committee members were selected There were other more immediate tics has been the key to the whole from both of the two merging par- practical problems to be consid- system. The ruling coalition, ties. ered in what was a coming to- which has been in power since gether of two parties of differing 1957, consists of political parties This is not a union that has come strengths, including representa- that represent communal interests about easily. Right from the out- tion at supreme council level, the rather than national ones. Over set, the proposal was a controver- allocation of seats at election time, this period of time it has modified sial one, arousing a considerable issues of finance, and so on. itself. The 3-party Alliance of yes- amount of doubt and criticism. teryear in which UMNO was the

Aliran Monthly : Vol.23(7) Page 2 EDITOR'S NOTE

In our lead article, Muzaffar Tate looks at the merger of Parti Keadilan Nasional and Parti Rakyat Ma- CONTENTS laysia to create Parti Keadilan Rakyat. The merger provides a significant fresh start to the promotion of a new non-communal approach to politics in Ma- COVER STORY laysia - an opportunity that does not come often. ••• New Politics And A New Party 222 Aliran welcomes this new politics.

In our previous issue of AM, we had begun to dis- FEATURES cuss the emergence of new politics and the coming ••• Sabah: All Quiet On The Eastern general election. This time around, Abang Benet Front?Front?Front? 666 suggests that there might be keen contests in several ••• Sarawak: Keen Contests In Urban urban areas in Sarawak, even though the ruling Areas?Areas?Areas? 101010 coalitin is expected to retain power. G Lim predicts ••• Will The Poor Get Justice From that elections in neighbouring Sabah are likely to be The Courts? 131313 a tame affair, but it is not going to be plain sailing for ••• Guthrie Stunned 151515 the ruling coalition. ••• Suhakam: A Warehouse For Reports? 232323 Mustafa K Anuar discusses the pathetic state of the ••• Daily Vs Daily: Challenging Malaysian media in the run-up to the elections The Big Boys 272727 while Ng Tien Eng focuses his attention on a new ••• Media Overkill 282828 Chinese language daily newspaper. ••• A Soft Coup By The Military 303030 ••• Screaming In The Night 404040 In a hair-raising back cover story, Saari Sungib shares with us some of the shocking revelations made by REGULARS several independence era freedom fighters whom he met while criss-crossing the nation on an anti- ••• Current Concerns 171717 ISA road show. ••• Thinking Allowed 191919

P Ramakrishnan looks at how Suhakam has fared OTHERSOTHERSOTHERS in its third year. He warns that Suhakam has to buck ••• Subscription Form 181818 up; otherwise it will be turned into a “warehouse” ••• AppealAppealAppeal 222222 for storing reports on human rights violations. ••• Saudara Ku Ahmad Nor 393939 Across the Straits of Malacca, a massive military operation is taking place in Aceh. This, writes Liem Soei Liong, is confirmation that the military is reas- serting its influence in Jakarta after being subdued by reformasi in 1998. Published by Finally, a reminder: please take out an AM subscription if you have not already done so. Aliran Kesedaran Negara (ALIRAN) 103, Medan Penaga, 11600 Jelutong, ALIRANALIRANALIRAN is a Reform Movement dedicated to Penang, Malaysia. Justice, Freedom & Solidarity and listed on the Tel : (04) 658 5251 Fax : (04) 658 5197 roster of the Economic and Social Council of the United Nations. Founded in 1977, Aliran welcomes Homepage : http://www.aliran.com all Malaysians above 21 to be members. Contact the Hon. Secretary or visit our webpage. Printed by Percetakan Tujuh Lapan Enam Sdn. Bhd. No. 16, Lengkangan Brunei, 55100 Pudu, Kuala Lumpur.

Aliran Monthly : Vol.23(7) Page 3 predominant partner has become the 14-party Barisan Nasional of today, representing a wider range of communal interests, but still dominated by UMNO.

The partners in this inter-communal alliance have always been engaged in horse-trading over issues in which their interests are involved. This has resulted in a series of compromise solutions in which the permanent advantage lies with the largest community and crumbs are left to the small- thoritarianism of the Malaysian Mahathir sought to provide politi- est ones. Evidence of this can be state. In its efforts to retain power cal stability, apparent racial har- seen in the manner in which our the Alliance/Barisan Nasional mony and economic development national system of education has has retained and fine-tuned the and prosperity. evolved, in the way in which the Internal Security Act (ISA), and government has sought to eradi- when the occasion demands, to Non-Communal cate poverty, and in its approach imprison its more tiresome oppo- Politics in tackling basic social problems nents. It has also passed and/or such as drug abuse, crime and ju- tightened other legislation that Then in the mid-1990s came the venile delinquency. In other has empowered it to control stu- global financial crisis that ex- words, the political process is dents' activities at the universi- posed the weaknesses and ex- based not on broad principles of ties, to dominate the Press and the cesses of the communal political national relevance but on narrow, other mass media, to make use of alliance. This exposure was communal expediency. government amenities during elec- broadened in the wake of the dis- tion time, and to use patronage missal of Anwar Ibrahim as In the circumstances of the time, and money politics to capture the Mahathir’s deputy prime minis- the political elites adopted a com- popular vote. ter and his subsequent imprison- munal approach to politics to ment. These events revealed the bring together the various ethnic All this has been possible because depths to which cronyism had communities in this country and the Constitution, despite its demo- penetrated the system and the de- present a united front against the cratic safeguards, is riddled with gree of abuse of executive power British in the struggle for inde- so many loopholes that it does not that had taken place at the ex- pendence. That was almost fifty have the capacity to defend the pense of the judiciary. The ensu- years and two generations ago. fundamental rights of the citizens. ing public outrage gave birth to Since then, the communal ap- the Reformasi movement. proach has become so institution- Up till the 1990s, there seemed to alized that its replacement by a be no way in which the ruling The rise of the Reformasi move- more trans-ethnic approach to na- coalition and the system of com- ment was - or should have been - tional problems appears politi- munal politics on which it thrived a turning point in Malaysian poli- cally impossible. could be brought to account and tics. Here was a political move- turned out of power. The ruling ment which immediately won the Authoritarianism coalition’s clout was strengthened support and backing of large when Dr. Mahathir Mohamad be- numbers of Malays, Chinese and At the same time, the process of came prime minister in 1981. A bril- Indians (it was essentially a Pe- institutionalizing the communal liant political strategist, a man ninsula affair) from both the alliance has been closely associ- with vision and sense of purpose lower- and middle-classes, and ated with the steadily growing au- who would brook no opposition, which also enjoyed support from

Aliran Monthly : Vol.23(7) Page 4 a large number of those from the as a symbol of stability and firm professions. It demanded ac- leadership at home against the countability and transparency in perils of terrorism and religious government, freedom from politi- extremism. The Reformasi move- cal interference for the judiciary, ment found the wind taken out of the abolition of undemocratic and its sails. repressive legislation, and social justice. The Barisan Alternatif today sur- vives but is now in rather a bat- In short, it clamoured for a new tered shape. To many outsiders it kind of Malaysian politics would seem that the idealism that founded on issues of principle brought the coalition together in and national interest and not on the first place has evaporated and issues of narrow communal in- that the old-style of communal terest. It revealed that there was politicking and search for party a large constituency of political advantage prevails over Dr Syed Husin Ali: Dedicated his whole Malaysian voters (irrespective the principles of democratic re- life and career for the cause. of whether they were Chinese, form and social justice that bound Indian or Malay) who strongly all its members together.. reer for the cause, declining the wanted these things. Out of the opportunity to take an easier, more euphoria a new political party A Rare Opportunity lucrative route to which his tal- was born – Parti Keadilan ents and academic distinction Nasional – and a new align- This is where the merger of Parti could entitle him. ment of Opposition parties Keadilan Nasional and Parti called the Barisan Alernatif took Rakyat Malaysia comes in. The The name of the newly merged shape, also based on principles merger offers hope that new life entity, Parti Keadilan Rakyat, of genuine democracy and social will be given to the spirit of neatly sums up what it stands for justice. It produced a manifesto Reformasi. Both these parties are – social justice and democracy. for the 1999 General Election, quintessentially parties based on Because it stands for these things which provided a classical defi- political principle, not sectarian above all else, it is well positioned nition of what the new non- interests. They both stand first and to play the role of catalyst in re- communal politicsof Reformasi foremost for a genuinely demo- kindling the spirit of partnership was all about. cratic society based on social jus- between all the members of the tice. Barisan Alternatif. These are ide- The Reformasi movement took als that many Malaysians har- shape in September 1998 and Behind Parti Keadilan Nasional bour in their hearts and await the made its impact felt in the general stands Anwar Ibrahim, and if the leadership that can bring them to election the following year and at party is campaigning for his re- reality. The party’s silent but subsequent by-elections in vari- lease from prison, it is so that he widespread constituency awaits ous parts of the country. The grip may lead the Reformasi movement its call. of communal politics was being for genuine democracy and social loosened. justice, not so that he may rest at Communal politicking is not home. likely to disappear from the Then came the attack on the World Malaysian scene overnight. The Trade Centre in New York on 11 Parti Rakyat Malaysia, for its part, formation of Parti Keadilan September 2001, which altered has a distinguished record of un- Rakyat provides a highly signifi- the whole complexion of global swerving loyalty to the principles cant fresh start to the promotion politics. One of the main benefici- of social justice, which is at the of a new non-communal ap- aries was Mahathir, who emerged heart of all socialist thinking. Its proach in Malaysian politics. It not only as an icon of the Third leader, Dr Syed Husin Ali, has is an opportunity that does not World on the world stage but also dedicated his whole life and ca- come often. q

Aliran Monthly : Vol.23(7) Page 5 ELECTIONS Sabah: All Quiet On The Eastern Front? by G Lim

he forthcoming state and federal elections in TTT Sabah are likely to be a tame affair, more akin to the tawdry predictability of neighbouring Sarawak than the raging battles, ‘midnight coups’ and party-hopping of Sabah’s not-too- distant past. Parti Bersatu Sabah’s return to the Barisan Nasional fold at the end of last year has removed the last vestiges of well-established opposition in the state, and a clean sweep is more than likely.

The redelineation of seat bounda- of Sabah means that there are few MCA. Only the Malay-Muslim ries giving Sabah five more par- seats where one or other commu- community, not coincidentally, liamentary seats demonstrates the nity has an absolute majority and, has a single representative party BN’s conviction that Sabah will thus, there are few seats which in the Sabah BN: UMNO. stay in line at the next election. ‘naturally belong’ to any BN party as, for instance, Malay-majority Of course, such overlapping inter- That said, all is not plain sailing seats in Semenanjung are auto- ests are also present between the for the government, and the BN matically alloted to UMNO. West Malaysia BN parties, most faces a number of internal chal- notably between Gerakan and the lenges. Moreover, Sabah being Second, this problem is further MCA, but there, at least, there are Sabah, it is impossible to write off compounded by the number of enough seats to keep all parties any eventuality. overlapping parties in the Sabah relatively satisfied. If you don’t BN. With PBS’ return, there are get any seats allocated, like the The BN now three parties representing the PPP, there’s always a senatorship non-Muslim bumiputeras, includ- or two up for grabs. In contrast, For the BN, the main challenge ing Bernard Dompok’s UPKO the Sabah BN has seven parties will probably come before the elec- (United Pasok-Momogun Kada- all eyeing essentially the same set tion, in the process of seat alloca- zandusun Organisation) and of seats. tion. In West Malaysia, this proc- Joseph Kurup’s PBRS (Parti ess is fractious enough; in Sabah Bersatu Rakyat Sabah). For the The other major issue facing the it is confounded by two main fac- Chinese community, there are Sabah BN is what to do after the tors: three parties - the SAPP (Sabah elections, specifically the fate of Progressive Party), the LDP (Lib- the chief ministership after the First, the diverse ethnic make-up eral Democratic Party) and the state election. Since the BN

Aliran Monthly : Vol.23(7) Page 6 wrested control of the state from cess is largely due to a cunning BN on the eve of the 1990 general the PBS in 1994, it has imple- strategy of divide and rule. By election. It has, however, deprived mented a policy of rotating the splitting the non-Muslim votes Sabah of its most established op- post every two years. This rotation even within the BN block, UMNO position party. policy, which had some popular- has emerged as the dominant ity, allowed the BN to reward two party. Is this why there are so At the 1999 state and general elec- prominent defectors from the PBS many different parties in the tions, when it was still in the op- - Yong Teck Lee and Bernard Sabah BN ? position, PBS performed badly, Dompok - with a stint as CM. but this was not reflective of its UMNO’s ambitions to take the level of support. At the federal However, voices within UMNO chief ministership all for itself will elections, for instance, the PBS are urging the prime minister to largely depend on its performance won only three out of sixteen seats scrap the rotation system and at the state level. If it manages to it contested, compared with keep all the goodies for UMNO. capture a sufficient proportion of UMNO which won all twelve of After the end of UMNO’s last turn the votes, it will have a case. But the seats it contested. As a pro- in 2001, the system was changed with the return of the PBS to the portion of the votes cast, however, to favour UMNO. Instead of a six fold, UMNO also runs the risk of PBS and UMNO came remarkably year cycle of Malay-Muslim, then playing second fiddle in the state close, garnering around 32% and Chinese, then non-Muslim bumi, BN. It seems likely, however, that 35% respectively. an eight year rotation was intro- with UMNO calling the shots at duced with two periods of UMNO the centre, the party will be allo- PBS remains popular, as does control alternating with one each cated more than its ‘fair share’ of Pairin. As Huguan Siou (para- for the Chinese and non-Malay seats and will, most probably, win mount leader) of the Kada- bumis. There are still calls for the them all. zandusun community, Pairin re- system to be scrapped altogether, tains a great detail of personal re- but such a move would risk a UMNO’s success in the state is spect. Moreover, much of the sup- backlash from the other commu- largely dependent upon its abil- port for him appears to be irre- nities. ity to bring development funds - spective of whether or not PBS is as epitomised by its slogan of in opposition or not. Let’s now have a look at the indi- “Sabah Baru”. Yet whilst money vidual parties within the Sabah is now pouring in to the state, with Pairin and the PBS are a real prob- BN: new highways sprouting left, lem for the Sabah BN. Their right and centre, Sabah remains contunuing popularity means UMNO in the development doldrums, that the coalition can ill-afford to with GDP growth projected at refuse them a share of the electoral At the last state election in March around half the national level for booty, but there is clearly a deep 1999, UMNO emerged as the larg- the period of the Eighth Malaysia est party in the Sabah assembly, a Plan. Although it is not likely to pretty impressive result consider- be a major factor in the forthcoming that Sabah, like Sarawak, has ing elections, economic woes may tended towards parochial senti- increasingly eat into the party’s ments which eschew the penin- support levels. sula-based parties. UMNO suc- PBS

The PBS’ eventual return to the BN fold late last year was hardly unexpected: party leader Joseph Pairin Kitingan had been knock- ing at the coalition’s door since virtually the day after his ill-advised decision to pull out of the

Aliran Monthly : Vol.23(7) Page 7 Other BN Parties much of the Sabah BN may see it rewarded with more seats to con- With a potentially devasting test, and a higher vote. duumvirate of UMNO and PBS at the helm, the other non-Muslim The farrago over Yong Teck Lee’s bumiputera parties in the BN face disqualification from and subse- the squeeze, although UMNO is quent re-winning of the Likas likely to keep them in to counter- state seat appears to have done balance the PBS. little damage to the SAPP, as wit- nessed by Yong’s increased ma- At the 1999 federal election, the jority at the by-election. Along PBRS’ leader Joseph Kurup came with the LDP, these two Chinese- within a whisker of defeating based parties appear to have slen- Pairin in the latter’s stronghold der but confident majority support of Keningau. Since then, however, in the community. The LDP leader the PBRS has been involved in a Chong Kah Kiat’s recently con- Pairin: There is clearly a deep mistrust. fractious leadership challenge by cluded term as CM was notable Pairin’s own brother Jeffrey for its lack of controversy, and mistrust of Pairin, who also has Kitingan, who, in the wonderful Chong built something of a per- the annoying habit of raising irk- intricacies of Sabah politics, had sonal reputation as the clean and some issues like the presence of beaten Kurup soundly as a PBS friendly face of the BN, which may hundreds of thousands of illegal candidate in the state elections, see the party improve its stand- immigrants in the state, many of before jumping ship to join Kurup ing. whom are believed to have man- in the PBRS. Kurup himself aged to vote in past elections. formed the PBRS after defecting Broadly, the fate of the smaller from the PBS in the run-up to the parties in the BN is hard to pre- The real crunch will come in seats 1994 state elections. dict with any certainty. The preva- like Papar and Beaufort, a strongly lent politics of personality in these Kadazan region south of Kota Although Kurup remains in con- parties has created something of Kinabalu where UMNO contested trol of the PBRS, the infighting has a state of flux, with factionalism (and won) against the PBS last damaged the party’s standing and jostling for power the main time round. Will UMNO make and it is increasingly seen as a feature. Should UMNO decide to room for the PBS here and, if not, vehicle for personal ambitions, end the rotating CMship, it could how long will it be before the PBS rather than a party in itself. This be that these parties will become decides again that it may be better is likely to be reflected at the elec- increasingly irrelevant to the state off outside the coalition. tions, with PBRS probably not be- BN. ing allotted any federal seats at all, One likely outcome is a typical and will also damage the party at Before turning to look at the state piece of BN shennanigans - the the state level. of the opposition, it would be PBS will be denied major repre- charitable to mention poor old sentation at the state and fed- UPKO, another remnant of the Jeffrey Kitingan. Jeffrey’s honky- eral levels, but Pairin, who will 1994 debacle, is proving more re- tonky approach to political par- most likely win his federal seat silient. UPKO won convincingly ties (in-out-in-out-shake it all uncontested, will be offered a in 1999 in core Kadazandusun about) reached its nadir with the junior ministership at the fed- regions like Panampang, al- rejection of both his applications eral level. Such a strategy has though Dompok lost his Moyog (he applied twice to be on the safe been employed in the past with state seat and, with it, the chief side) to join UMNO. Jeffrey, it popular but (for the federal BN) ministership. seems, has jumped party so many untrustworthy politicians, such times there are no lily-pads left for as Leo Moggie and Tun Nonetheless, UPKO is growing in him. As a figure of political influ- Mustapha Harun (who, how- popularity, and its ability to avoid ence, Jeffrey is probably irrelevant ever, refused the offer). the factionalism that has plagued now, but his sad story stands as

Aliran Monthly : Vol.23(7) Page 8 an important reminder to Sabah won four federal seats in the ur- said the better. PAS has consist- politicians of the perils of ranine ban areas of Sabah. ently failed to gain any substan- behaviour. tial support in Sabah, largely be- Many within the DAP are there- cause its firebrand version of Is- The Opposition fore hoping for a resurgence in its lam has little resonance even electoral fortunes and indeed amongst Sabah’s Muslim popu- The state of the opposition in base its claims to field candidates lation. With only a couple of thou- Sabah is virtually moribund, lack- in any opposition electoral agree- sand votes to its name at the last ing direction and popular leaders. ment on this past performance. election, it may well be time for Peninsular based opposition par- Certainly, there is little doubt that PAS to accept that, for the time ties have traditionally fared badly the DAP will see an increase in its being at least, it is a Semenanjung in the state and, with the PBS gone, vote in the next election. party only. the local opposition ranks look weak in the extreme. The question is whether the Similarly moribund is the former DAP will return to its former vehicle for ex-Chief Minister Moreover, the opposition parties status as a major opposition Harris Salleh, Bersekutu. After an in the state are chronically unco- force in the state. It seems likely abysmal showing in 1999 and operative with each other. As with not. In the mid-1980s, the DAP with Harris now well and truly internal BN problems, this is prob- was riding high on a wave of retired from politics, it cannot be ably due to their overlapping in- popularity across the country. long until Bersekutu joins Harris terests and the state’s diverse eth- This time round, it has simply in retirement. nic make-up. In the BN, however, not managed to communicate power has proved the glue that with the voters and lacks any This all paints a somewhat de- keeps its parties together. The real sense of what it should be pressing picture for the opposition opposition has no such glue. pushing for in Sabah. parties in Sabah, and it is true that they stand little chance of making A tragic display of this lack of A similar story of lack of direction any substantial in-roads at the compromise came at the Likas by- can be told about Keadilan. In the forthcoming elections. If they are election. In 1999, Yong won the past, Keadlian’s constant focus to act as a greater check on the seat in a close three-way fight and, on the Anwar issue had left many BN’s dominance of the state in the given the furore surrounding his voters in Sabah unmoved. Anwar long run, they need to begin coop- trial, the opposition stood a good is widely seen as a ‘Semenanjung erating more and addressing the chance of ousting him if they issue’ and, indeed, many issues that matter to the people of could agree on a single candidate. oppositionist leaders in the state Sabah. No compromise was reached and, blame Anwar for the PBS’ fall in in the end, the PBS, DAP and 1994. In the final analysis, the BN will Keadilan all fielded candidates, win all 26 Sabah seats (including allowing Yong to romp home eas- Despite this, Keadilan was not Labuan) at stake: it may be that a ily. a complete washout in 1999, wipe-out is what the opposition winning around a third of the parties in Sabah need to force them The lessons of this do not seem to vote in the three seats it con- to address their own short-sighted have been learnt and with tested. Keadilan activists claim strategies. q Keadilan-DAP ties frosty at the that the party has since built up national level, cooperation in a good grassroots following in Sabah at the forthcoming elections the state by addressing issues of is unlikely. local concern. As at the national G. Lim who recently com- level, the viability of Keadilan as pleted his PhD in Politics Of the peninsular opposition par- a long-term political force is at for a UK university is now ties, the DAP at least had enjoyed test. based in Kota Kinabalu some past success in Sabah. In from where he filed this 1986, when the PBS was in the BN Of the last of the Semenanjung story.story.story. coalition for the first time, the DAP opposition parties, PAS, the less

Aliran Monthly : Vol.23(7) Page 9 ELECTIONS Sarawak: Keen Contests In Urban Areas? by Abang Benet

he BN will make a clean TTT sweep again over here in TT Sarawak – bar one (Bintulu) and that too, only if things go horribly wrong for the local Sarawak BN (BN) election campaign. In other words, expect the Sarawak BN to win all 28 parliamentary seats in the state in the 11th parliamentary election. That said, there will be keen contests between the BN and the DAP in the urban areas of Bintulu, Sibu, Kuching and Miri. But why a clean sweep? quential support confined to some (Santubong and Petra Jaya) in Clueless rural areas of the Kuching divi- 1999, KeADILan is presently dis- “ West Malaysian” sion. organised and oblivious about Opposition Parties how to mount a credible electoral Unfortunately, the opposition, contest, except by linking itself The BN will romp home since apart from being leaderless and with PAS to fight the Sarawak BN. there is really no coherent or co- directionless in terms of their poli- Yet, KeADILan’s best candidate is ordinated opposition party in cies, are also clueless as to how to Dominique Ng, a lawyer with ex- Sarawak. overcome this perception and so cellent grassroots credentials, work towards enhancing demo- who will probably contest in the The DAP, KeADILan and PAS are cratic choice and debate. Thus, the Kuching area. Unfortunately, perceived here as “West real loser is a vibrant democracy Dominique’s campaign in Malaysian” parties. Given the in a state which is largely gov- Kuching whose population is depth of parochial sentiment in erned along personal lines despite largely non-Muslim, will be sty- the state, this is a crippling dis- the formal trappings of democ- mied by KeADILan’s link with ability for the opposition, one that racy. PAS. has always worked to the benefit of the Sarawak BN led by Parti KeADILan relies on the rump sup- PAS deludes itself (big-time!) in Pesaka Bumiputera Bersatu (PBB) porters of Abdul Rahman Yakub, thinking that it has electoral in- and the Sarawak United Peoples’ the former Chief Minister and a fluence in the state. In fact, PAS is Party (SUPP). Currently, the only political has-been. Further, de- probably the Sarawak BN’s best “indigenous” opposition party is spite a credible outing in two electoral ally given the multi-eth- the State Reform Party (STAR). But Malay-majority parliamentary nic, non-Islamic and religiously- it is a weak party with inconse- constituencies outside Kuching tolerant character of the majority

Aliran Monthly : Vol.23(7) Page 10 of Sarawak’s electorate. Indeed, these challenges, the DAP candi- Further, the Sarawak BN has PAS is perceived as being fanati- date for Bintulu (Chiew Ching largely delivered on its develop- cal religious chauvinists – even Sing, the present ADUN for ment promises. And with little among Muslims. National PAS Kemena) is likely to be the most evidence of any economic reces- leaders just have to make some successful. He will make a good sion in the state, the elections unthinking statement about electoral showing in the parlia- will be anything but interesting. “women’s lipstick” or polygamy mentary contest given his deep The only issue that might spark or about the Islamic state, and the political commitment and com- off some imaginative debates Sarawak BN are virtually assured munity work on behalf of the lo- and serious contests would be a hands-down win in multi-eth- cal people - qualities which many that of Native Customary Land nic non-Muslim majority con- of the other DAP leaders lack. (NCL) and Native Customary stituencies. Rights (NCR) to land in the Nonetheless, his campaign will Bintulu/Miri area. In all other Thus, if PAS was genuine about be an uphill one given the re- areas, the Sarawak BN will high- advancing the multi-ethnic, sources available to the incum- light development achievements multi-religious cause of the bent MP Tiong King Sing, a busi- to its benefit. Barisan Alternatif in Sarawak, nessman-politician. Still, Chiew they would do well to either con- might just prevail given the un- Sarawak BN fine their electoral outings to the popularity of Tiong among mem- In-Fighting? rural heartlands of Peninsula Ma- bers of his own Sarawak Pro- laysia or altogether drop their in- gressive Democratic Party Of late, the two Dayak parties tention of setting up an “Islamic (SPDP) as well as the Sarawak within the Sarawak BN, SPDP (for- State” in favour of a more liberal BN’s top leadership. Apart from merly a faction of SNAP) and and inclusive platform based on Bintulu, the DAP is unlikely to PBDS have been wrecked by de- universal spiritual values. They mount any successful campaign structive political infighting. would also do well to trade in their elsewhere in Sarawak. current “ulama” image in favour After SNAP’s disintegration, of a more inclusive and profes- Possible SPDP was admitted into the sional one. Electoral Issues Sarawak BN coalition. And despite the Federal Court later grant- The DAP is likely to mount the Parliamentary elections are not ing the rump SNAP an injunction most serious electoral challenge to seen as crucially important in staying the deregistration of the the Sarawak BN in the Chinese- Sarawak. And there are no burn- party, SNAP is all but defunct to- majority city constituencies. Of ing issues to enthuse voters. Note day. Additionally, the Chief Min- that even in the 1999 election, ister has also openly indicated his which featured Anwar Ibrahim preference for SPDP on numerous and reformasi as burning national occasions. So, rump SNAP is issues, the Sarawak BN actually doomed. bucked the dismal BN performance in the peninsula by winning Of equal interest is the damag- all Sarawak seats for the BN. ing row within PBDS between Thus, one can safely predict that the Daniel Tajem-Joseph Salang this forthcoming parliamentary faction and the James Masing- election will be an even more luke- Sng Chee Hua one. Sng is a long- warm affair; the real challenge time PBDS financier well known being to get the people out to vote for his role in the 1996 Bukit on election day. Begunan electoral contest that was voided by the Election If at all there are any electoral Court. James Masing is a very issues, they will be local ones. ambitious politician who is per-

Aliran Monthly : Vol.23(7) Page 11 ceived by many Dayaks as hav- ently aligned to the Masing-Sng Mahmud’s Melanau faction) will ing let them down over the faction, the victors need to find a continue to dominate the Sarawak Bakun Resettlement Scheme way to unify the party. Failure to BN. As far as political succession relative to the interests of the defuse the factional strife quickly is concerned, Chief Minister Taib Sarawak BN government of will highlight the hollowness of Mahmud has very carefully ig- which he is a member. He has their victory as well as jeopardise nored Dr Mahathir’s call to all limited support within PBDS the Tajem-Salang faction’s ability aging and long-serving BN com- and modest financial resources. to represent the whole Dayak ponent party leaders to step His present political fortunes community. It will also expose down. Many believe that instead are almost entirely due to his their nominees to the mortal dan- of stepping down, he may step up close links with Sng (in PBDS) ger of being undermined at the to become Governor, just like his and the Chief Minister (in gov- forthcoming polls by the oppos- uncle Abdul Rahman Yakub did ernment). ing faction. before him.

The Tajem-Salang faction is formi- As for PBB and SUPP, both par- Indeed, why should Taib dable. Salang, a former banker, is ties are cruising on an even keel Mahmud step down now when a wealthy businessman and po- given tight control from their re- the Sarawak BN under his watch litical protégé of Leo Moggie. Also spective captains. has delivered both electorally and in their camp is Stanley Ajang (the developmentally? Does not the state assembly member for Belaga Political SBN enjoy widespread support as whose company secured the Succession? evidenced by the 1999 elections? multi-billion ringgit Bakun Did not the Sarawak BN save the project). This faction also enjoys The end result of SNAP and PBDS BN from losing its two-thirds par- the backing of the federal govern- intra-party infighting has meant liamentary majority in 1999? ment, a fact not unnoticed by lo- the Dayaks of Sarawak remain Thus, why spoil the party now by cal political observers. Suggestion more fragmented and weaker than stepping down? has it that Kuala Lumpur’s gam- ever, a situation that, if reflected bit is essentially one of checking in the national polls, would do lit- Besides, wise and careful politi- the power of the richest chief min- tle to alleviate their developmen- cal co-ordination is required to ister in the country by clipping the tal needs or political desires. distribute development projects to wings of one of his key Iban sup- reliable corporate concerns with porters without necessarily losing The PBB (and especially Taib proven track records. Home- the support of the Dayak commu- grown corporate concerns like nity. And considering that Daniel Cahya Mata Sarawak (a Mahmud Tajem, a former Sarawak BN family corporate vehicle) no doubt Deputy Chief Minister (who was require continued public sector one of the original plotters of the support so as to benefit the rakyat. Ming Court affair in 1987) has a So, Abdul Taib Mahmud is here cool relationship with the current to stay and will likely continue to chief minister, this view is not im- rule the State very much in his own plausible. personal style as he has always done. q Factional manoeuvres has since seen the Tajem-Salang faction legally capture the party executive, Abang Benet, who resides in the results of which have been re- Kuching, is a keen observer jected by the Masing-Sng faction. of Sarawak politics. He has PBDS has thus all but split. How- written for AM on many previous occasions. ever, considering that nine out of Taib: Ignored Dr Mahathir's call to step 14 elected representatives are pres- down

Aliran Monthly : Vol.23(7) Page 12 ELECTION FOCUS Will The Poor Get Justice From The Courts? Lessons from the Ladang Bukit Jelutong workers' experience Kuala Lumpur, 19 July 2003

hould we go to the Fed- eral Court? Would we get SSS justice there? Will the courts be sympathetic? What if we lost? These were the questions bothering the 27 remaining workers from Ladang Bukit Jelutong Rasak who have been fighting for a house since their homes were demolished on 26 June 2002. Is there justice for the poor in the courts - the remaining testimony will be crucial for us to ponder on.

The workers of Ladang Bukit Reduced to rubble: a bulldozer flattens the workers' quarters in Bukit Jelutong Jelutong Rasak were served with a summons from their former em- On 26 June, a notice was suddenly the lawyer termed the operation ployer, Guthrie, who wanted to given to each home and within an illegal. At least for Saddam, the US evict them and get vacant posses- hour their homes were all demol- gave him 48 hours to leave; but sion of the land they have been ished. It appears that Guthrie for the workers, their homes were occupying for many years now. through their lawyer had obtained demolished within an hour. The workers then looked for a a default judgement on 6 June lawyer. Someone suggested to 2002. The order was not served on A week later, the workers went to them a lawyer who was supposed the people earlier or served on the KL High Court to seek an in- to be actively involved in social their lawyers. junction. But the High Court movement. It appears that the judge told them the matter was lawyer did not file for appear- And it was written clearly on the now academic as their homes ances, but according to the law- notice that they had been served had already been demolished yer, he was not furnished with the with that if they did not give up and told them to file for damages. sealed copy, and therefore he did vacant possession within two It was so easy for the High Court not file for appearances. Anyway weeks of the notice, then commit- Judge to say that it was academic. the workers did not know what tal proceedings could be obtained As for Guthrie and their lawyers, any of this meant. All they knew against the people. But in this Skrine & Co, they abused the de- was that they had a lawyer and case, there was no two weeks’ fault judgment and, used the po- the lawyer ought to know what to grace period; within an hour, all lice and the Majlis Bandaraya do. They were also told that they their homes were cruelly de- Shah Alam (MBSA), to conduct had a case coming up on 27 June stroyed. The estate owners blamed an illegal demolition and made 2002. it on the workers’ lawyer whereas the families homeless.

Aliran Monthly : Vol.23(7) Page 13 On 17 June 2003, the Appeals Court was full of former workers from Ladang Bukit Jelutong. But sadly, the three judges who heard the case had this to say, among other things: “Does the land belong to the workers?”, “Who asked them to rebuild their homes…do they have permission from Guthrie?”, “..even we judges have to vacate our Government Quar- ters after retiring”, “ Why are you talking about state government policies, this is not a political forum.”rum.”rum.” Out in force: the large presence of police personnel intimidated the residents The judges never asked about Since the workers had nowhere to Meanwhile, on 4 June 2003, after the plight of the estate workers, go to and since the demolition that negotiations with Guthrie, the never questioned the illegal was conducted was illegal, the 28 people were disturbed and felt demolition and never talked former workers from Ladang threatened because Guthrie about shelter, suffering and pov- Bukit Jelutong Rasak rebuilt their wanted to demolish their homes erty. What the people wanted homes. They had no choice: if they again. The people insisted the law- was just a “ stay order” so their had left the land, they would have yers should obtain an injunction homes could be safe until the been forgotten. But Guthrie did not so that while they were waiting case proper is heard. give them a choice. The rebuilt for the setting aside of the default homes were demolished three judgment, their homes would be The next day, the three judges times on 26 August 2002, 26 Sep- safe. On 11 June 2003, their case unanimously rejected the work- tember 2002 and 4 March 2003. was heard in the High Court and ers’ application for a stay with On each of these occasions, doz- the Judge threw out the case be- costs. This meant that Guthrie ens of people were arrested. Each cause it was argued that the could demolish all their houses demolition was illegal but it was former workers had actually filed before their appeal on the injunc- supported by the police and the an injunction before and had lost. tion could be heard. After the MBSA. On each occasion, Guthrie In fact that was last year, when homes had been demolished, the used the same default judgment the Judge told them it was aca- Injunction case at the Appeals they had obtained on 6 June 2002 demic and told them to file for Court would become academic to demolish the workers’ homes damages. because there would be no homes even though the process was not to protect anymore. The setting correct. Our case was dismissed and we aside of the default judgement were asked then why we didn’t would also became academic as Then, one day, another lawyer appeal against that case. Feeling there would be no case. came by and said that they should desperate, the workers filed an ap- set aside the default judgement peal in the Appeals Court two Now, we are told that we have one because that was the cause of days later on 13 June 2003 to hear final hope: to seek a stay from the their problem. So the people got a the injunction application. While Federal Court. Should we exhaust second lawyer after discharging waiting for this matter to be this final option? Will we get jus- their first lawyer. This lawyer was heard, the people filed for a stay tice from the Federal Court? Will much more committed and very at the Appeals Court. The Interim the court ever see the plight of the much sympathetic to their plight. Stay was filed on Monday, 16 June. poor? Or will it be the people and He filed the case to set aside the The Chief Justice directly inter- the people alone who can execute default judgment. The case was vened and instructed that the case an injunction and a stay? mentioned twice and postponed. be heard interparte the next day, The next hearing date was sched- 17 June 2003, before a panel of What, dear reader, do you uled for 7 August 2003. three Appeals Court judges. think? q

Aliran Monthly : Vol.23(7) Page 14 And now, some Good News… Guthrie Stunned Never have these and probably other estate workers been accorded so much understanding and consideration by the court. Kuala Lumpur, 14 July 2003

ustice Wira is truly a On 4 June 2003, at the Ipoh High court, leaving the case in the JJJ wira for the workers of Court, Justice Embong ruled in hands of the young but capable JJ Ladang Changkat Salak. favour of Guthrie by giving them lawyer M.Vengkat. Then came the In a day, when KL courts a summary judgment under Or- bigger problem: Skrine & Co. were filled with issues surround- der 14 and an injunction restrain- ing Anwar’s bail application as ing workers from continuing to Though the matter was an ex-parte well as a case involving seven stu- occupy the housing quarters in application, Guthrie’s legal ea- dents, there was another impor- Changkat Salak Estate in Sungai gles, Skrine & Co, swooped into tant case at the Appeals Court - a Siput. An appeal for a stay by the the Appeals Court with panache, case that would determine the fate defendants was turned down, but set to turn the ex-parte into an in- of seven workers and their fami- the Judge gave six weeks (expir- ter-parte hearing and walk away lies. ing on 16 July 2003) for the injunc- with yet another victory. This has tion to take effect. Following this, indeed been the trend over the past Guthrie’s ongoing series of legal the workers filed an appeal at the two years, with Skrine winning onslaughts against its former Appeals Court, and put in an ur- again and again in the courts, us- workers took an unexpected turn gent application for an ex-parte ing various loopholes and tactics today when the Appeals Court hearing for stay of execution resulting in the demolition of granted a stay of execution for pending the appeal. workers’ quarters and in the bru- vacant possession to seven re- tal eviction of retrenched workers trenched workers of Changkat Today was 14 July. In three days’ from Guthrie’s Bukit Jelutong Es- Salak Estate. The chief judge ruled time, their homes would be demol- tate. that there were special circum- ished. The estate workers had an stances - the need for shelter until initial setback when their experi- Today, not only did Guthrie s law- the appeal is heard - to grant a stay enced counsel, Datuk Dominic yers lose but they also received a of the High Court order. Puthuchery, could not attend hard and stunning lesson on natu-

Aliran Monthly : Vol.23(7) Page 15 ral justice and humanity. From the moment Guthrie’s lawyer began “Leave and go where? Live on trees? Or speaking, Datuk Wira Hj Mohd Noor the chief Appeals Court cow sheds? Or you’ve got hotels for them?” judge who sat with Datin Paduka Rahmah and Datuk Wira Hj - Datuk Wira Hj Mohd Noor Mohd Ghazali, began a lesson on respect for poor workers and the right to shelter. It was a delightful reminding them of the special cir- ment that the seven ex-workers day for the workers who had un- cumstances needed to grant a stay needed to vacate their quarters to til now seen nothing but insensi- of execution from a High Court make way for other workers. tivity and contempt at the Ipoh order. The Skrine lawyer pointed High Court. out that the workers’ demands Clearly stunned by the judge’s rea- were linked to the quantum of soning, the Skrine lawyer, pointed “Can your clients understand compensation and housing and out a technical flaw in the plain- English?” the judge asked the had nothing to do with their quar- tiff’s affidavit, saying that there is workers’ lawyer, M.Vengkat, ters; there were no special circum- no mention of the special circum- when Guthrie’s lawyer began stances in this case to grant them stances. shooting away in English. After a stay. consulting, he directed Guthrie’s “That is common sense!” the lawyer to use Bahasa Malaysia He reiterated that these seven judge said impatiently, adding for the benefit of the workers. workers were former workers who that the issue here is not just quar- were reluctant to leave their quarters and buildings, but people, As the lawyer began presenting ters, which were needed for other human beings. his arguments again, the judge workers. He also pointed out that stopped him to ask if the workers the High Court of Ipoh had al- As a last ditch attempt, Guthrie’s could hear him. The workers ready given them a 6-week vacant lawyer said that even if the work- shook their heads, thus prompt- possession order. According to ers won in the end, they would ing the judge to ask the lawyer to Guthrie’s lawyer, the workers had still have to leave the quarters, to speak louder. He stopped the law- no rights as they had been offered which the judge replied, “At the yer a second time, and asked if he due compensation and asked to end of the day, if they win they go could be heard, and again the leave the estate. out loaded; now they go with workers signaled that they could empty stomachs.” not. But the quantum of compensation itself was in dispute and the work- The veteran Skrine lawyer sank to Finally the judge told the lawyer, ers had not been allowed an open his seat, defeated by three judges “ Speak as loudly as you can, short trial at the Ipoh High Court to hear who chose to be guided by the of shouting at us.”(!) He also made this as well as equity arguments spirit of the law and natural jus- a special request that the seven for housing. The judge who tice. A unanimous decision to plaintiffs be seated in the front row seemed familiar with the workers’ grant a stay was made. to enable them to follow the pro- affidavit retorted, “Leave and go ceedings. Never have these and where? Live on trees? Or cow Today’s case is a resounding probably other estate workers sheds? Or you’ve got hotels for victory for Changkat Salak Es- been accorded so much under- them?” tate workers. It is a bright day standing and consideration by for the judiciary, reminding us the court. The photos of blocks of unoccu- that there are still some decent pied quarters that had been ear- judges around. And it is a blow But the high point of today’s hear- lier demolished had been included in the face for Guthrie, the inhu- ing was when Guthrie’s lawyer in the affidavit, leaving the judge man and arrogant plantation passed a document to the judges unconvinced of Guthrie’s argu- giant.q

Aliran Monthly : Vol.23(7) Page 16 or building displays. Cars with dozens of miniature flags planted all over can be seen whizzing down the streets, their drivers oblivious to the fact that their “works of art” are actually hazardous dis- tractions.

What’s more, wittingly or otherwise, pupils are being duped into believing that the bigger the flag in schools, the more meaningful is the celebration of independence. While concentrating on ex- ternals, many schools have failed to inculcate the virtues and val- A record of Aliran'sAliran'sAliran's stand on current affairs. ues of citizenship in pupils.

Superficial Patriotism significance especially during We wonder whether this patriot- auspicious and inspiring occa- ism campaign has got anything Aliran is totally in agreement with sions such as Independence Day. to do with building support for the National Civics Bureau director- It symbolises the country and rep- government ahead of the general general Dr Nordin Kardi recent resents our aspirations. election. observation that the flying of the national flag should not be used But it would be shallow to reduce As Dr. Nordin said, our contribu- as a yardstick for patriotism. patriotism to the mere display of tions towards the nation’s devel- the national flag. Some opment are more indicative of a His altruistic remarks are timely Malaysians have misunderstood person’s patriotism than flying as some ruling coalition politi- the larger question of expressing the flag. This may take the form cians and civil servants have in- loyalty to the country through the of, say, fighting for a less polluted sisted that Malaysians should fly flag by foolishly making larger and Malaysia, battling against corrup- the Jalur Gemilang to prove their larger flags. The size of the flag tion, struggling for social justice, patriotism. Now, this begs the does not represent genuine patri- and ensuring a safer environment question as to how to gauge the otism. It may get into the book of for our women. degree of patriotism. Is it meas- records - that’s about all! ured by the size of the flag or its True patriotism need not necessar- numbers? And, in some places, one flag is ily be worn on our sleeves or truly no longer enough; it seems the reflected in foolish antics. Rather Certainly, the flag as a national degree of patriotism is also to be it should dwell in our hearts and symbol has important political judged by how many flags a house be manifested in our compassion for the suffering and the marginalised and in worthwhile deeds to alleviate their plight. Ul- timately, patriotism should spur us to work in solidarity to create a nation founded on justice and freedom with full respect for basic human rights.

Mustafa K Anuar Asst. Secretary 21 August 2003

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Aliran Monthly : Vol.23(7) Page 18 accumulated some RM64 millions from almost 3,000 gullible Malaysians who were sold military ranks up to brigadier-general. Members were also supplied with uniforms, insignias, handcuffs, et cetera, and while this is not entirely clear, the promise of some weapons. What is quite remark- able is that some 133 civil servants, including 61 teachers, 2 university lecturers and 11 members of the armed forces bought into the scam!

My vote definitely goes to Nor Azami for the Malaysian Scam Prize. It took the government and the police months before they The Malaysian tor of the right classification, the could track down the operations Scam Prize job will then be sub-contracted to of the FSFM. As it turned out, Nor others from lower classification. Azami was himself sacked from Not a day goes by without some It’s been known that such sub- another scam-like operation scam being reported in the news. contracts can go down many lev- called the Malaysian Emergency Malaysia has truly become a para- els. By the time the job is per- Action Force (PTCM), condoned dise for cheats and con artists. The formed, it is usually undertaken and legally set up under the PM’s confounding thing is that con-jobs by fly-by-night contractors, who department. When Nor Azami are often perpetrated in those will be given only the minutest wanted to up the ante and turn places where one should expect proportion of the original contract. PTCM into a military-style organi- maximum surveillance and finan- It’s little wonder then that the fi- zation, Staff Marshall Munsyi cial control, such as the Ministry nal products are sub-standard. Muslim Yacob baulked – and of Defence (MoD) or the Prime rightly so. Up till that point, the Minister’s Department. All of these scams suggest to me main work of the PTCM consisted that Malaysia should institute a of a “Bay Watch” kind of activity For example, in mid-August army special yearly award (like the on the island of Langkawi. chief Datuk Wira Mohd Shahrom Nobel Peace Prize) for the top Nordin alleged that units in the scam of the year – let’s call it the But there’s an upside to this sorry Malaysian Armed Forces had Malaysian Scam Prize. One could episode. Now that Malaysia has given out contracts for “unap- also be more fanciful and call it set up a Counter Terrorism Centre proved and unnecessary” projects the “PM’s Scam Award”. We for ASEAN, maybe the 3,000 dis- worth RM63 million (The Star, Au- know well which scam takes the missed members FSFM will find gust 15). Several contractors were prize this year. ready employment. Malaysia paid millions of ringgit for jobs boleh? never done or otherwise sub-con- One of the most spectacular scams Q Q Q Q Q tracted out to unlicensed contrac- of all time occurred right under the tors. nose of the PM’s department – the Malaysian Integrity establishment of the bogus Fed- Management The scam of sub-contracting is a eral Special Forces of Malaysia familiar one. My understanding (FSFM). Conceived and operated Which brings me to the subject of of how it works is this; when a job by a form-three school leaver Nor the Integrity Management Com- is given to a “legitimate” contrac- Azami Ahmad Ghazali, the scam mittee (IMC). Did anyone know

Aliran Monthly : Vol.23(7) Page 19 that such an entity exists in this triate of a pharmaceutical com- We do sincerely hope that the country – well, it does. Set up in pany. The complainant, one Ms words quoted above are untrue or 1998, under the Public Services Lim Ai Yim of the All Women’s else we will have little faith in the Department, the IMC is charged Action Society (AWAM), accused integrity management of the gov- with plugging legal loopholes to Hilmi of interfering in the immi- ernment. reduce the opportunities for civil gration department’s decision to Q Q Q Q Q servants to become corrupt. From terminate the work permit of the 1998 to 2002, 1,342 people were expatriate, a former B. Braun Divorce By SMS arrested for corrupt practices and Medical Industries director. 50 percent of them were civil serv- Among the zaniest things that can ants (NST, August 13). While the ACA has apparently happen in these hi-tech world of finished its investigation, the case ours, Malaysia’s invention of di- But what about the Anti Corrup- has now come under fresh pub- vorce by short messaging system tion Agency (ACA) — has it be- licity with the company putting (SMS) must surely deserve a place come obsolete? I seem to recall that up its own defence that the em- of honour. When a Gombak the ACA has taken up a number ployee who complained about syariah court ruled recently that of cases, which have remained in sexual harassment was sacked for a Muslim man could divorce his a state of limbo. Admittedly the reasons unrelated to her accusa- wife with the utmost legality ACA received some accolades re- tion (Malay Mail, Aug 8). through a mobile phone text mes- cently for its quick pursuance of sage without even speaking to her, the Abdul Kudus Ahmad case Whether we believe B. Braun or most people were shocked. and it has announced that inves- not, it remains a serious and le- tigations have been completed. gitimate matter of public interest NGOs, columnists and the what the ACA reveals about women and family development But what has happened to the Hilmi’s involvement and inter- minister all came out strongly pro- Perwaja case? We’re told the mat- vention in the case, which testing the decision. Strictly speak- ter apparently has been referred shouldn’t be something too diffi- ing, all of the detractors could be to AG’s chambers to seek Japanese cult to uncover. It must be the con- held in contempt of court. But cooperation after the Swiss had cern of all citizens that the con- given the overwhelming senti- evidently given their cooperation. duct of public officials like Hilmi ment, even PAS spokespersons So, we await patiently into the should always be above board. more or less echoed the general umpteenth year for some outcome opinion that it was untenable that and soon the PM would have Which brings us full circle to the pronouncements of divorce stepped down before we hear ACA itself? Who will guard the should be done by SMS. The gov- more. And where would Mr. Eric guardians? Aliran received a dis- ernment meanwhile has said it Cheah, the erstwhile CEO of turbing flying letter allegedly writ- will review existing laws on the Perwaja, be when the time comes ten by an ACA officer through e- use of new modes of communica- to tell all? mail with words to this effect: tion in day-to-day court dealings.

And then there’s the Tajuddin A high-ranking ACA officer, a A basic principle of contract – and Ramli (MAS cargo) case…. we will former special branch officer, like marriage is a contract—is that wait patiently for some integrity most senior police officers is the there is offer and acceptance by management here. owner of two Mobil petrol stations both parties. And when such a and has a host of other business in- contract is to be annulled, it does Most recently, the ACA apparently terests. During his service in the make sense that each party should pursued with some gusto the police, he has amassed enough prop- be equally apprised of the inten- Penang Deputy Chief Minister erties to guarantee his well-being tion of the other. Indeed, in civil Hilmi Yahaya over his alleged in this world. He is an embarrass- law, when one party has serious obstruction of justice in a sexual ment to all honest and hardworking grounds for refusing annulment, harassment case against an expa- ACA officers. then the contract remains in place

Aliran Monthly : Vol.23(7) Page 20 although ‘separation’ is entirely But what is an “Islamic state”? possible under such circum- There clearly isn’t any single stances. model today. Iran after the 1979 revolution most closely resembles It’s predictable that as Muslims one but it is a syia state not sunni engage in “modern” life, they will one. Many West Asian states have confront many dilemmas and implemented full syariah law and problems. However, it is no solu- by that token could be considered tion to take the easiest path out of Islamic states while Mahathir has these dilemmas nor can one have also declared that Malaysia is al- simple-minded answers to com- ready an Islamic state with its cur- plex issues. These kinds of dilem- rent policies of Islamisation. mas will be especially difficult when religious practice, which is In a multicultural country like largely a private matter, is taken Malaysia, it is untenable and sim- to the nth degree into the public Hadi Awang: Women should not hold ply impractical for full-fledged social space. top positions ... policies of Islamisation to be carried out. Even silly rules like the Q Q Q Q Q two state-owned hotels of ban on social dancing and liquor Primula Beach Resort and consumption in public places are Darul Islam a la PAS? Permai Park Inn International bound to create practical prob- • Proscribed social dancing and lems. At the rate things are developing singing in public places in the PAS-governed state of For example, the MIC has an- Terengganu, Malaysians cannot This has raised a hue and cry from nounced that it will go ahead but believe that there is now a de NGO activists, opposition mem- with its Deepavali cultural night facto PAS ‘Islamic state’ being es- bers as well as government on October 3 in Kuala Terengganu. tablished there. Soon after the PAS spokespersons including the That will certainly involve sing- victory in the 1999 election, there minister for women and family ing and dancing. And if PAS were was the attempt to introduce tax development. All this has hap- to govern the state of Selangor or on non-Muslim property, along pened despite the assurance given Penang, would it stop with the stricture on veiling for by PAS recently that it will not in- Thaipusam? There’s dancing and Muslim women and then the sist on the ‘Islamic State’ agenda singing on the streets on such an much-debated and controversial in its election manifesto with the occasion. Banning singing and passing of the Hudud and Qisas Barisan Alternatif. dancing in Thaipusan would be bill in the state legislature. as good as banning Thaipusam The assurance has come after itself. Just last month, the Terengganu Parti Rakyat Malaysia (PRM) MB and acting PAS president, president Syed Husin Ali came And by the way, eating at some Abdul Hadi Awang, upped the out strongly against the Islamic Indian Muslim nasi kandar chain ante as follows: state. And one would presume restaurants these days usually that now that Parti Keadilan means being bombarded with • Made remarks to the effect that Nasional (PKN) and PRM are for- Bolleywood video clips with lots women should not hold top mally enjoined (albeit still with- of titillating dancing and singing! positions such as judges be- out the approval from the ROS), Will a PAS government ban that cause pregnancy and men- the newly merged party, Parti too? And while they are at it, ban struation cycles of women Keadilan Rakyat, would not con- all TV programmes which show would affect their work per- done the formation of such a state. any singing and dancing? formance PKN so far has been somewhat • Imposed a ban on liquor at the silent on the Islamic state issue. D.L. DaunDaunD.L.

Aliran Monthly : Vol.23(7) Page 21 APPEAL Malaysia’s Best Kept Secret Dear Reader,

You are one of a select band of magazine by post every month but Malaysians who have uncovered will also contribute up-front in what is one of Malaysia’s best- our struggle for a just society. Rest kept secrets: Aliran Monthly. If you assured, our list of subscribers is are a regular reader, you would kept strictly confidential. Besides, have discovered the wealth of ours is a perfectly legitimate maga- analyses contained within the zine and we have hundreds of pages of this magazine - informa- civil servants on our list of sub- tion that gives you unrivalled scribers including government of- insights into what make’s Malay- ficials, teachers, students, and sia tick. We dream of an alterna- university libraries. tive Malaysia based on justice and human rights and universal spir- It makes sense to subscribe. First, itual values. you will help to improve our cash- flow. Second, you don’t have to If you feel Aliran Monthly is an go out hunting for the latest AM important means of raising when it hits the streets - instead it awareness of this alternative vi- will arrive at your door-step every sion, why not share these views month. Third, you will actually with a friend, a relative, or a col- save RM8 a year. league? So, try to influence one other Why not try to influence them to Malaysian to read or subscribe to read the magazine or take up an Aliran Monthly. If you are not al- annual subscription? Instead of ready a subscriber yourself, sub- allowing your old copies to col- scribe now! lect dust, pass them to your friends and relatives to give them an idea Remember every little bit counts. of what we are all about. Or give If all our readers were to each in- them gift subscriptions on birth- fluence one person to read Aliran days and other festivals. You are Monthly, we could double our cir- not promoting just another prod- culation. uct but an entire vision of a just and democratic Malaysia. Help us to share Malaysia’s best- kept secret. But first of all are you a subscriber? If you are not, why not Thank you subscribe now? That way you will not only be receiving the Aliran Monthly Editorial Board

Aliran Monthly : Vol.23(7) Page 22 HUMAN RIGHTS Suhakam: A Warehouse For Reports? Is Suhakam turning into the creature of the BN government? by P Ramakrishnan

m very happy to be here, I'I'I' on behalf of Aliran, to I'I' speak as a member of the panel at this important public forum.

The gathering of many activists and concerned individuals here is a reliable indication of a growing public awareness that the protection of human rights and the preservation of civil liberties in this country will always require certain Suhakam’s effectiveness dismayed at the way in which the the active participation of con- as a human rights commission, Human Rights Commission of scious citizens. and assess its impact as an insti- Malaysia Act was rushed tution set up to defend human through Parliament in September At the same time, it is no small re- rights and civil liberties. 1999 with scant consultation with minder, which needs to be made civil society organisations. Their over and over again, that there is Sceptism And well considered comments and much work to be done before we Suspicion critiques are recorded in that in- can be satisfied with the state of valuable resource document, Hu- human rights and civil liberties, Indeed, if I may boldly offer my man Rights and the National Com- and with the progress, if we can humble opinion, Ladies and Gen- mission, edited by S. Sothi call it that, in these critical areas tlemen, I would say we are here Rachagan and Ramdas Tikamdas of public and political life. not least to ponder aloud the very and published by Hakam. future of Suhakam itself. All of us who are here are aware Other people cynically dismissed that the broad movement dedi- Those of us who have been in- Parliament’s intention in estab- cated to protecting human rights volved in the struggle for human lishing Suhakam at the time. Who and preserving civil liberties in rights and civil liberties will re- could blame them, for why should this country long preceded the member with what uncertainty the Barisan Nasional-dominated founding of Suhakam. and expectations Suhakam’s es- Parliament, habitually sluggish in tablishment was greeted in 2000. protecting civil liberties, be rush- Nonetheless it is significant that, ing to establish a National Com- three years after it was established, Among social activists, politi- mission of Human Rights? Suhakam is today the subject of a cians and concerned citizens, as I public evaluation in order to as- recall, there were some who were Yet others who knew too well the

Aliran Monthly : Vol.23(7) Page 23 Barisan Nasional government’s that Suhakam’s founding had lit- modus operandi could barely be- tle to do with public anger over lieve that the BN government was Anwar Ibrahim’s maltreatment offering to empower an independ- and nothing to do with ent commission to investigate and Reformasi’s pressure. check the BN’s own record of abuse of human rights and viola- Well, any fool could have told tion of civil liberties. those apologists, simply, that Par- liament created the Human Rights The scepticism and the suspicion Commission of Malaysia Act with of the national movement for hu- indecent haste and the BN gov- man rights and civil liberties were ernment set up Suhakam with not groundless. Suhakam was set public relations fanfare precisely up in April 2000 – a critical mo- because UMNO’s relevance was ment when the BN government under considerable threat. was responding to popular, legiti- Tan Sri Harun : Great expectation that mate and lawful expressions of I’m happy to note that none of us miracles will happen overnight dissent with fiercer repression involved in developing a civil so- against the leaders of legal oppo- ciety stance vis-à-vis Suhakam in cerned inviduals who had long sition parties, social activists, and 2000 was a fool. and sincerely struggled for hu- the promoters of alternative me- man rights and civil liberties ever dia. An Institutional entertained great expectations that Buffer miracles would happen the mo- Therefore, many of us asked: could ment Suhakam was established. it be that in the name of creating a Tan Sri Harun Hashim once ob- national human rights commis- served, apropos Suhakam, that, Had there been a miracle, they sion, the BN government was ‘The moment a new body is estab- and we would probably have wel- equipping itself with an institu- lished there is this great expecta- comed it given the BN govern- tional tool that would set back the tion that miracles will happen ment’s dismal abuses of human cause of human rights protection? overnight’. rights and violations of civil liberties. In short, and heeding Prime Min- Ladies and Gentlemen, I don’t ister Dr Mahathir Mohamad’s speak for the BN government. But But, no, those who genuinely advice always to call a spade a it is possible that the BN govern- worked to advance the cause of spade, let me put it bluntly that ment placed fond hopes in its human rights protection were re- many of us who were involved in half-hearted but carefully scripted alistic. They expected to find the struggle for justice and free- establishment of Suhakam. Per- Suhakam placed between the BN dom openly wondered if haps the BN government had government and the national hu- Suhakam would turn out to be a hoped that setting up Suhakam man rights movement. creature of the BN government. would miraculously make public disgust over Anwar Ibrahim’s hu- I say ‘between’ for two reasons. (With due respect to everyone miliation, Reformasi’s couragous here, and to the Commissioners of response to lies and repression, On the one hand, the BN govern- Suhakam, let me say that it is not and the electoral support for the ment (which, as the late Azmi just now that we begin to evalu- Barisan Alternatif vanish over- Khalid astutely commented, con- ate Suhakam!) night. stantly took away by draconian legislation what the Constitution As always, there were BN apolo- But, with due respect to Tan Sri guaranteed), hoped that Suhakam gists who tried very hard to con- Harun, I doubt very much that the would be its institutional buffer – vince the nation, if not the world, activists, politicians and con- to deflect and minimise the anger

Aliran Monthly : Vol.23(7) Page 24 ried out certain duties and tasks whenever the Commissioners which no other government-estab- disagreed with official versions of lished and government-funded what was happening to human institution has conducted to date. rights and civil liberties. In fact, As a result of some of Suhakam’s these different institutions actu- studies, reports, workshops and ally went out of their way to belit- seminars, the public may have tle the meaning of having a Na- learned new things about the de- tional Commission of Human ficiencies in the legal system. The Rights. public may have become more aware of the injustices and repres- Since Suhakam was established, sion committed in the name of ‘na- the BN government has detained tional security’ or ‘law and order’, scores of citizens under the ISA, and so on. charged others with all kinds of offences, cancelled or disrupted and dissent in the post-Anwar On record, some social and politi- ceramahs, withdrawn the pub- era. cal groups have availed them- lishing permits of independent selves of the avenues opened by periodicals, etc. On the other hand, the national Suhakam to report abuses and vio- human rights movement had lations to an institution charged Unfortunately Suhakam was not every reason to claim that with investigating and respond- able to prevent or redress those Suhakam, however limited or ing to such reports. violations of human rights and manipulated, was a direct out- civil liberties. come of a long struggle to estab- Specifically, we have seen lish an independent mechanism Suhakam defend the constitu- In addition, Suhakam has not for extending the scope of human tional right to assemble of the been able to plan a meaningful role rights and civil liberties. peaceful protesters and demon- in formulating legislation and strators during the Kesas High- policies to safeguard human Accordingly, I had always way march in 2000, or more re- rights and civil liberties. Indeed thought that a fundamental as- cently highlight the injustices per- we won’t be far wrong in think- sessment of Suhakam’s role and petrated under the Internal Secu- ing that the BN government will work must determine whether rity Act. never permit Suhakam to play Suhakam is a creature of the BN such a role. government, or an ally of the national However, Ladies and Gentlemen, movement for justice, whether, in much of Suhakam’s work along We won’t be exaggerating if we other words, Suhakam sides with those lines may be credited to the warn its Commissioners that those who abuse human rights Commissioners of Suhakam Suhakam is in danger of being a and violate civil liberties or gives whose terms have not been ex- warehouse for storing reports and true assistance and solidarity to tended, presumably because their memorandums that the BN gov- the victims of the same abuses and efforts and their commitment to ernment will consistently ignore. violations. human rights and civil liberties exceeded the low standards of the We won’t be exaggerating if we Inconclusive Verdict BN government. warn its Commissioners that Suhakam equally faces the dan- Today, three years after its found- Worse than that, we know that the ger of remaining a complaints ing, perhaps we’re not yet ready BN government and the different bureau which helps the perpetra- to deliver a conclusive verdict on institutions under its control – the tor rather than the victims of hu- Suhakam’s true colours. police, the ministries, and the me- man rights abuses. dia – displayed scant respect for We know that Suhakam has car- Suhakam’s Commissioners Suhakam could well play the

Aliran Monthly : Vol.23(7) Page 25 part of deflecting criticisms, dis- We stand on the eve of a transi- preserve civil liberties, cannot sipating anger and rechan- tion of power from Dr Mahathir simply be an exercise in pointing nelling outrage so that to the remaining UMNO and BN how much Suhakam has done, Suhakam’s Commissioners, leaders. We recall that past tran- what its limitations are and how rather than Parliament and the sitions often involved fierce fac- much more it must achieve. Executive, end up facing public tional fights within UMNO that wrath and dissatisfaction. led to serious violations of human All those are important questions rights and civil liberties, not least which I hope we can all help to Crucial Political for different and innocent groups answer fairly. Juncture of citizens not involved in any ruthless competition for power. Yet, I humbly suggest, if we want Ladies and Gentlement, it was in to assess Suhakam’s effectiveness anticipation of Suhakam’s becom- We stand within months of an- accurately, we must be able to an- ing such a creature of the BN gov- other General Election. And past swer a fundamental question – is ernment that 32 NGOs ‘disen- elections have shown just with Suhakam turning into the creature gaged’ with Suhakam for 100 what impunity the BN govern- of the BN government? Will the days shortly after Tan Sri Abu ment can undermine the rights of Commissioners of Suhakam allow Talib replaced Tan Sri Musa citizens and legal parties to par- themselves, individually and col- Hitam as Chairman of Suhakam. ticipate in the electoral and lectively, to be mere tools of social broader democratic processes. and political control? The disengagement definitely ex- pressed disillusionment with A few weeks ago we saw the re- No doubt the Commissioners of Suhakam’s seeming helplessness. lease of Parti Keadilan National Suhakam, present ones and future But the disengagment was also a leaders and social activists un- ones, will want to answer those protest against the BN govern- justly detained under the ISA for questions themselves. But for ment. In particular the 32 NGOs two years. Yet we know that scores those of us who have been part of had noted that the BN govern- of other citizens remain impris- the national human rights movement had showed no respect for oned under the ISA in equally un- ment, we must always be clear Suhakam’s recommendations just ways. that when we assess Suhakam’s and no intention to comply with performance as a national com- those recommendations. Year by year our democratic space mission of human rights, we as- has been curtailed. Daily our free- sess no less than Suhakam’s fu- Moreover, the NGOs had directly dom of expression is severely re- ture. q criticized the appointment of Tan stricted. Our basic right to the free- Sri Abu Talib as the Chairman of dom of assembly is apparently no Suhakam. No one had forgotten longer recognized by the BN. that Abu Talib had completely The above speech was presented at the National Con- sided with the BN government Citizens who are detained fear for sultation: SUHAKAM After when the latter abused human their safety in police custody. 3 Years: Recommendations rights and violated civil liberties, Ironically, we might even say, For Promotion and Protec- especially during Operasi Lalang some of the most blatant abuses tion of Human Rights and in 1987 and the judicial crisis in of human rights and cynical vio- Government’s Response” 1988. lations of civil liberties have taken held in Penang on 5 July. The place after Suhakam’s establish- event was organized by Ladies and Gentlemen, Suhakam ment. ERA Consumer with the was founded at a crucial political collaboration of Aliran andandand juncture. In evaluating its per- Being mindful of the times in thethethe Penang Consumers formance, we must remember that which we live, we must realize Protection Association we have arrived at another criti- that any evaluation of Suhakam’s cal juncture. ability to protect human rights and

Aliran Monthly : Vol.23(7) Page 26 MEDIA Daily Vs Daily : Challenging The Big Boys by Ng Tien Eng

ow that there is a new Meanwhile the Hong Leong Press, to exert pressure on vendors Chinese daily available group acquired Nanyang Press in not to sell Orental Daily. NNN in the market, the anxi- 1991 and China Press in 1993. Be- ety over the MCA’s sides, Pemandangan Sinar also Finally, Tiong has shown his in- takeover of Nanyang will probably publishes four periodicals while terest in Nanyang; he now owns ease. But should we rest easy? Nanyang Press has 14 periodi- a 0.56 per cent stake in Nanyang cals. Press. There are now six Chinese dailies in Peninsular Malaysia, four in The MCA’s takeover of Nanyang According to Nielsen Media Re- Sarawak and three in Sabah. With might have led to a new level of search, Sin Chew Jit Poh enjoys the a potential readership of about 4 media consolidation. Speculation highest readership (990, 000), fol- million, Chinese newspapers are is rife that the purchase was part lowed by China Press (588,000), competing fiercely with each an- of a grand plan to eventually Nanyang Siang Pau (373,000), other. Thanks to the diversity of merge the Nanyang group with Guang Min (371,000) and Kwang ownership and fierce competi- Sin Chew Jit Poh. Such specula- Hua Jit Poh (263,000) in a 2002 tion, the Chinese press had long tion is not without basis. fourth quarter survey. been well known for its relative independence in news coverage. Here are some points to think Concentration Of about. First, the dailies Tiong con- Ownership Nevertheless, the last two decades trols have deliberately neglected saw Chinese dailies moving fur- the issue of takeover in their news How do these figures translate ther towards consolidation and coverage. Those who relied into media ownership? It means concentration of ownership. The mainly on Sin Chew or Guang Tiong’s dailies now enjoy about decreasing number of Chinese Ming would hardly have been 53 per cent of readership while the dailies over time has accelerated aware of the issue until the takeo- MCA’s dailies have 37 per cent of this process. The number of Chi- ver was almost a fait accompli. readerships in the Peninsula nese dailies has fallen from 23 in alone. Obviously the immediate the 1970s to today’s 13. Due to Second, it was Liew Peng Chuan, consequence of this consolidation huge accumulated losses, some then the group chief executive of is that these two conglomerates dailies were forced to shut down. Pemandangan Sinar, the com- now command about 90 per cent pany that owns Sin Chew Jit Poh, of the total Chinese dailies’ read- The consolidation of Chinese dai- who tendered his resignation in ership. This is what worried many lies began in the early 1990s when 24 hours. He represented MCA’s critical Chinese groups: if Tiong two conglomerates emerged to Huaren Management, and came goes hand-in-hand with MCA, consolidate major dailies and to Nanyang’s head office to take they would have leverage over 90 command nearly 90 per cent of over Nanyang Press. per cent of the Chinese-speaking total readership. Sarawak timber community. tycoon Tiong Hiew King’s Third, Sin Chew and its sister pub- Pemandangan Sinar took over Sin lication Guang Ming has now That also partly explains why Chew Jit Poh and Guang Ming Daily joined hands with its old enemies, in 1988 and 1992 respectively. Nanyang Siang Pau and China Continued on page 29

Aliran Monthly : Vol.23(7) Page 27 MEDIA Media Overkill by Mustafa K Anuar

n examination of the luded to above, the mainstream vertisements. In contrast, the BN mainstream press cover- press and other media dropped invariably got the thumbs up via AAA age of the 1999 general all pretences of being “objective”, news reports, news analyses, and election reveals that the fair or balanced in the run-up to letters to the editor. There were incumbent Barisan Nasional (BN) the general election. These media news items found in the main- party fully used the press – as well unabashedly displayed their pen- stream press that were uncritical as other mass media – to serve its chant for unethical, unprofes- of the BA, but these were few and own political and ideological in- sional and unfair reporting. Their far in between. And even then, terests. At a vital political juncture deplorable coverage was even those few that managed to see the such as general elections, the me- worse than that of the previous light of day were buried in the in- dia proved to be the BN’s prized general elections; indeed, there side pages of the dailies concerned. possession. was “media overkill”. Given that PAS was perceived by Such utilisation of the mainstream As usual, the mainstream press the incumbent BN, particularly mass media is made easier and and other media portrayed the UMNO, to be a serious threat, it more convenient with the concen- BN as a party ever responsive to was to be expected that the com- tration of media ownership by a the people’s needs and aspira- pliant media invariably depicted few individuals and groups who tions, while they painted the op- PAS as a party of religious extrem- are close to the powers-that-be. In position as a coalition of incom- ism (for the consumption of pri- real terms, this means that the patible partners, an untrustwor- marily non-Muslims) and a party media are compliant to the politi- thy lot. This media overkill was that gave rise to Malay disunity cal needs of the ruling politicians. essentially triggered by the BN’s (for the consumption of the Malay Of course there is a slew of restric- perception of an increasing politi- community). tive laws such as the Printing cal threat from the newly consti- Presses and Publications Act, Of- tuted Barisan Alternatif (BA) and Difference ficial Secrets Act, Sedition Act, and the rising popularity of PAS. Due To New IT Internal Security Act that can be used to ‘domesticate’ the main- Also, this general election came in Nonetheless, there was a differ- stream media as well. the wake of the reformasi move- ence in the media campaign in ment, which sought social reforms 1999. Alternative publications It is in this wider context that one and pushed for greater govern- such as the Harakah, Detik, Aliran should be mindful and wary of mental transparency and ac- Monthly, etc. as well as alterna- MCA’s takeover of Nanyang Siang countability. To counter increas- tive websites (thanks to the popu- Pau and China Press, two Chinese ing criticism, the BN coalition was larising of the Internet via dailies that in the past were compelled to wage a concerted Mahathir’s pet project Multime- known for their relative independ- media campaign in the run-up to dia Super Corridor) provided ence and at times blunt criticism. the election. some platform for those whose The outrage within the Chinese views have not been given their community arising from this Demonisation legitimate place in the mainstream takeover is therefore understand- media. Although their reach was able. This explains largely why there limited, these alternative media Media Overkill was a lot of demonisation of PAS played a useful role in raising and the BA in the mainstream political awareness among the Back to the 1999 election. As al- press, especially in political ad- urban dwellers, the young and the

Aliran Monthly : Vol.23(7) Page 28 technology-savvy. UMNO, and consequently the BN, tion parties over the contentious feels that it is under tremendous issue of an Islamic state is also In addition, news portals, such as pressure to deliver, and that at the likely to be magnified by the main- the popular malaysiakini, were not same time to arrest the popularity stream media to depict a disunited only able to publish news and of its rival, PAS. opposition. views that had been marginalised by the mainstream media, but also And as part of the general media As in the last general election, the to do so in real time. This news por- campaign, the BN might also at- alternative media would still be tal as well as other websites, in tempt to hijack the discourse of ‘re- able to play a role in providing other words, has an edge over the gime change’ in the media by warn- much-needed space for alternative mainstream newspapers in pre- ing the voters that a vote for the discourses and news, although senting breaking news faster than opposition may well be a vote for these would be confined to only the latter could ever dream of. the ‘Western powers’ to intervene certain sections of the society. q in our domestic affairs especially With this political and journalis- in the wake of the US-engineered Mustafa K Anuar is Associ- tic backdrop, one could expect invasion of Iraq. In recent times, the ate Professor in Mass Com- similar patterns of mainstream government has hijacked the Bush ate Professor in Mass Com- media coverage of the forthcom- discourse of the ‘war on terrorism’ munications in USM. He is ing general election. The coverage in the mainstream media in its en- also Aliran Assistant Secre- may well be more aggressive es- deavour to discredit PAS. The cur- tary.tary.tary. pecially if the new leadership in rent bickering among the opposi-

Continued from page 27 would have more leverage over lies, is still very cautious in report- other Chinese dailies. They feared ing on the so-called sensitive is- that the MCA would make use of sues. It has to be bound to the State these groups were not so con- its influence over the Chinese me- too. For instance, the coverage of cerned about the takeover of Tong dia to silence dissidents, thus the Vision School issue was too Bao and Shin Min Daily by the imparing Chinese “interests”. official. MCA and UMNO respectively in the 1980s. Besides the consolida- Their nightmare came true. After Two columns were pulled out tion of Chinese dailies had not yet the takeover, some controversial from the daily following a demand taken place at that time; it was also issues, (for example, the Vision from the Home Ministry a few simply because the readership of Schools issue, the use of English months ago. And Abdullah Tong Bao and Shin Min was so neg- to teach Science and Mathemat- Badawi is being praised too much ligible. ics, and the relocation of a Chi- in its news coverage, admitted one nese school in Damansara) were of its high-ranking editors. Hence, for many in the Chinese not given fair space in the four community, the MCA’s takeover of Chinese dailies. The MCA’s Team But would its fierce competition Nanyang was unacceptable. A B also suffered. with the other four dailies promote media boycott was called; an al- more space for ‘dissident voices’? ternative consortium was formed Hence, the demand for a new daily Many are prepared to give this to buy Nanyang; a rally was held; was high. Tiong’s rival, KTS young daily a bit more time. But and about 90 writers and column- Group, came in to fill the vacuum, the honeymoon period won’t last ists are boycotting the MCA’s and and Oriental Daily was born. very long. q Tiong’s dailies. The MCA itself was further divided over the is- New Hope? sue. Ng Tien Eng is completing After overcoming many obstacles, a study on Chinese Politics The opposition to the takeover Oriental Daily hit the street on 1 in Malaysia. He is active in was not merely for the sake of January this year. Since its launch, Aliran and contributed to press freedom. With the concen- Oriental Daily has given rather New Politics in Malaysia... tration of media ownership, ob- fair space for Team B. However, servers feared that the MCA the daily, like other Chinese dai-

Aliran Monthly : Vol.23(7) Page 29 REGIONAL A Soft Coup By The Military The Indonesian army is back in the driver's seat after being subdued by reformasi by Liem Soei Liong

Martial law and the massive military operation in Aceh launched in May is confirmation that the military is determining the political agenda in Jakarta. For a short period following the fall of Suharto in 1998, it seemed that the military were willing to accept civilian supremacy but recent developments prove that this was an illusion.

he declaration of martial ances about the feeble policies of TT law in Aceh and the the Megawati government. The TTT massive military opera- publication of a White Paper by tion involving about the Defence Ministry, run by re- 50,000 troops - only to be com- tired generals, is further proof of pared with the invasion of East their dogged determination to Megawati: Grievances about her feeble Timor in December 1975 – also sig- keep control of political events. policies nals the symbolic death of reformasi, the name of the reform The weak, ineffective government anti-terrorist regulation into law movement that emerged after the and a weak-kneed parliament, in- have provoked controversy, par- fall of Suharto in 1998. Yet again capable of resolving serious eco- ticularly among Indonesian it is the TNI, the Indonesian nomic and political problems, has NGOs and military watchers. The armed forces, and in particular the shifted public opinion in favour main focus was on Article 19 of army, who are deciding the politi- of the TNI as the only solid, cen- the TNI bill which was nick- cal agenda and halted the proc- tralised body capable of holding named the ‘coup d’etat article’, ess of civilian supremacy over the the country together. All this has because it would grant extraordi- military or still worse, has re- focussed on the threat of ‘separa- nary powers to the TNI to declare versed the process. tism’ and the determination of the a state of emergency without con- TNI to hold the country together. sulting the president. Political events in the first ‘Fighting separatism’ has become months of 2003 brought the role the main rationale for the TNI to General Endriartono Sutarto, of the military to the fore again. step back onto the political arena. commander-in-chief of the TNI On 21 February, 250 active and argued that, when the country is retired army generals came to- Discussions in the DPR, the Indo- in turmoil and the president is gether to show their determina- nesian parliament, on draft bills unavailable or maybe kidnapped tion to play an active role again in on the TNI and on state intelli- by rebels, do we have to wait till a politics and to voice their griev- gence, and the enactment of the new president is installed?

Aliran Monthly : Vol.23(7) Page 30 People these days tend to talk and some key generals decided to about the ‘good old days’ of the grab East Timor. Running an oc- Suharto era, when the economy cupied country turned out to be was running well and regions of very different from oppressing its conflict like Aceh, West Papua and own population. As recent global Maluku were under the grip of the history tells us, a military victory Suharto regime. is only a small part of the story, winning the hearts and minds of Key Issues Regarding the East Timorese is a much more The Military difficult hurdle to jump. In the end, the TNI and its proxies, the Serious Indonesia watchers have militia units went on the rampage always closely scrutinised the role when the East Timorese voted for of the military. It remains the main independence. parameter for analysing Indone- sian politics. While the New Or- Military might by US troops in der period was characterised by Suharto: Strong grip over the TNI Afghanistan and Iraq are the lat- General Suharto’s strong grip over est examples of the easier part of the TNI, the three presidents since ethnicities. Totalitarian systems achieving a relatively smooth 1998 must be judged by their rela- always create their own antithesis military victory but facing the tionship with the TNI top and in and the homogenised doctrine more difficult part of building the particular with the army top. called Pancasila totally collapsed. nation from scratch. The antithesis was also predict- The excessive role performed by able: the fall of Suharto was fol- The withdrawal of TNI from East the military during the New Or- lowed by an outburst of regional Timor in September 1999 was a der period from 1965 till 1998 fits demands for more freedom, justice humiliation for the military top as the description of an authoritar- and autonomy. All this ended in UN Peacekeeping Forces stepped ian regime par excellence. The more deepening ethnic, religious in. Hardliners within the TNI still complexities of Indonesia, the larg- and cultural divides. cling to the belief that Indonesia est archipelago in the world, a di- is the rightful owner of East Timor. verse mix of ethnic groups and From the first days of the Indone- The East Timor drama has only religions, were steam-rolled into sian republic, regional rebellions strengthened the belief of TNI that a republic of fear under a formi- were a constant threat to unity. it was an international con- dable network of military intelli- During the New Order, rebellions spiracy that led to the defeat in gence and a territorial army with were handled according to a sin- East Timor and as a result, TNI a presence from the capital down gle recipe: brutal repression officers in general deeply distrust to the villages. through military operations. foreign powers and foreign intervention. In addition, General Suharto held This could only happen under the power by bribing vast swathes of rigid control of a military security The military operation in Aceh society into allegiance or acquies- body, initially set up in 1965 to launched in May 2003 is another cence through the proceeds from combat communism but used blatant example of a military ad- gas, oil and other mineral rev- subsequently to keep a strangle- venture where the military top enues. The military ideology be- hold over civil society. This secu- from the outset rejected the peace came synonymous with an obses- rity approach remains the main process and saw negotiations as sion with national unity. feature of the Indonesian military an act of humiliation for Indone- strategy. sia vis-à-vis separatist rebels. On In the eighties, Suharto tried to top of this, the involvement of the create one unifying ideology, Another feature of authoritarian Geneva-based NGO, the Humani- steam rolling and homogenising regimes is engaging itself in mili- tarian Dialogue Centre (HDC), the huge variety of cultures and tary adventures. In 1975 Suharto originally called the Henry

Aliran Monthly : Vol.23(7) Page 31 Dunant Centre, that facilitated the and the several factions were al- The Turkish Model talks between Jakarta and GAM most fighting it out in the streets. was seen by the military as being But the majority of officers agreed Conditions in the post-Suharto foreign intervention in domestic on certain major issues. The mili- period are profoundly different affairs. tary should not be involved in from October 1965 when Suharto politics as in the New Order pe- and the army conducted a suc- Last but not least, the post- riod. In its extreme form in the sev- cessful coup. Many people didn’t Suharto period is regarded as a enties and eighties, most of the realise that a coup was being im- very painful period for most high- important jobs in the civilian plemented as Suharto removed ranking officers. The TNI had to structure were occupied by mili- his predecessor Sukarno step by forego much of its political clout tary personnel, either retired or step. and the reformasi era forced the still on active service. military to leave formal politics. For more than 30 years TNI was The other structure called sospol used in being centre stage in run- (sosial politik), was a typical struc- ning state affairs. A comeback by ture of the New Order period in TNI was bound to happen, espe- which the military were entitled cially in a period of a dysfunc- to control the political activities of tional government and feeble po- civilians. As many officers said, litical institutions in present day the TNI was in need of its own Indonesia. reformasi internal. The conclusion of the army top was to withdraw A Soft Coup from too much involvement in By The Military politics. Some points were obvi- ous: the army would not be in- The crucial question is whether volved in day-to-day politics and the military will take over state would gradually withdraw from affairs; this can be answered in the the legislative bodies and would negative. In the aftermath of the no longer be linked to any politi- Sukarno: Removed step by step collapse of the Suharto regime the cal grouping or party. military organised a number of In that period, the TNI faced a for- internal meetings to assess the The other common understand- midable force, the Indonesian new situation. Their public image ing reached in the reformasi inter- Communist Party, PKI, at the was a shambles. nal discussion was the way height of the cold war in South- Suharto and his cronies (which east Asia. Suharto and the army Up to its topmost levels, the TNI included many TNI officers) had enjoyed all the favours and sup- was responsible for massacres led the country in the wrong di- port imaginable from the west. and for the killing and kidnap- rection. Corruption and nepotism ping of activists; the destruction became the hallmark which re- The conditions in 1998 were very of East Timor in September was sulted in a weak and flabby TNI. different. Suharto was an out- the last straw. TNI became an in- dated dictator and of no further ternational pariah. Moreover, the By itself, this was an important use to the west in the post-Cold thriving reformasi movement at its conclusion as it meant distancing War world. The brutalities perpe- peak demanded that the TNI itself from a claque of super-rich trated by the TNI in East Timor, should retreat from the political generals who were part of the Aceh and other places were at the arena and also demanded the dis- Suharto inner circle. A period of centre of the international human mantling of the territorial struc- rethinking and consolidation was rights agenda, ruining Suharto’s ture of the army. needed. The army was willing to and the TNI’s image. Equally, take a few steps back from the po- there was a deep sense of loath- The army top was very disunited litical arena and reassess its new ing domestically for Suharto and in assessing the new situation role in society. the TNI. Five years on, even with

Aliran Monthly : Vol.23(7) Page 32 a strutting, self-confident army It could be argued that the im- keeping the country together. A leadership and a dysfunctional peachment of President Wahid sustained campaign of destabi- civilian government, a military- (Gus Dur) in July 2001 was the first lisation was organised by run government still remains a soft coup by the TNI in post- hardliners in the army, not least remote possibility. Suharto Indonesia. Gus Dur’s by sections of Kopassus, the noto- presidency was characterised by rious elite squad of the army. The only feasible option left is to a never-ending conflict with the find a side door to enter politics military; for a number of reasons This ‘strategy of tension’ (the term again. The TNI has begun to rec- he became increasingly isolated widely used in Italy in the sixties reate its image as a people’s army politically while the military con- and seventies when many terror- and guardian of state unity. The solidated their position. In an act ist activities took place) was ap- TNI only step in when they think of desperation Gus Dur tried to plied in its most successful form it is necessary, i.e. whenever gov- impose martial law by means of a in places like Maluku and Poso ernment policies are seen as presidential decree but the TNI (Central Sulawesi) where extreme threatening national unity. and the Police refused to cooper- wings of Christian militia were ate, defiantly refusing to disband pitched against extremists from This model has become a tradi- parliament. A few days later Gus the Muslim camp. The military tion in Turkey for the last 40 Dur was impeached by the MPR, intelligence scenario succeeded in years; the term ‘Turkish model’ the People’s Congress. The depar- fanning the conflict; civil society is used by political analysts for ture of Gus Dur also meant the de- in both areas collapsed and the an active watchdog role for the parture of the few liberal generals religious conflict grew un- military. The military in Turkey who had accepted the paradigm checked. The conflict in Maluku carried out four coups in four of civilian supremacy but who and Poso were groomed and fos- decades and in between, imple- had never been more than a tiny tered by key military hardliners. mented several soft coups. A soft minority in the TNI rank and file. The violence died down when the coup is defined as intervention TNI top stepped in and dislodged in the political process without Fostering And the most extreme militia groups overthrowing the government. Grooming Conflicts from the region. Things calmed The last soft coup in Turkey down and the military emerged as happened in 1997 when the The TNI image was heavily the saviour, while rewarding itself duly elected Prime Minister bruised by the reformasi movement with a new territorial command Erbakan was forced to resign in 1998, but it was able to make a in North Maluku. when he was seen as a threat to relatively swift comeback, not secular order in Turkey. least because of the continuous Growing demands for independ- malfunctioning of the newly-cre- ence in West Papua and Aceh The announcement of martial law ated democratic institutions like have also been utilised by the mili- by the Indonesian government on political parties and the executive, tary to justify their presence and 19 May fits the category of soft legislative and judiciary bodies. military operations there. Every coups as the Indonesian govern- Several global issues, not the least time peaceful means or negotia- ment was actually pursuing a dif- the 11 September tragedy helped tions materialise, conflicts flare up ferent line through negotiations the TNI to speed up its consolida- and military operations become with GAM, the Free Aceh Move- tion. The global war against ter- the rationale. ment. The reversal was definitely rorism, Washington’s response to as a result of the actions of the 11 September, enhanced the role TNI On The Offensive military. This soft coup by the TNI of the military or more precisely is almost imperceptible and has the role of military intelligence. In a packed meeting of 250 active been hardly noticeable to the gen- and retired generals on 20 Febru- eral public, being backed by the But even more important are a se- ary, the army chief-of-staff General majority of members of parliament ries of domestic events, used or Ryamizard Ryacudu made a sol- and members of the cabinet, in- groomed by sections of the army emn pledge: ‘The Indonesian cluding President Megawati. to show their indispensability in army will never tolerate efforts to

Aliran Monthly : Vol.23(7) Page 33 separate Papua and Aceh from legislators and political parties trafficking of people. NKRI (the Unitary State of Indo- back retired officers as sole candi- nesia), whether they come from at dates for the post of governor in The most worrying part of the home or abroad’. The same gen- all the provinces. The military are book is the blatant admission that eral who cannot open his mouth back in the front seat but this time in the foreseeable future, Indone- without spewing out tough lan- with the full support of the politi- sia need not worry about external guage, said on another occasion cal community. enemies. The main threats are do- that GAM and OPM (Free Papua mestic and although in the post- Movement) are rebels and enemies The White Paper Suharto structure most of these of the state and should be eradi- tasks are the responsibility of the cated. The Defence White Paper is an- police, the military has denounced other example of the new arro- this. The White Paper explicitly The aim of all those remarks was gance by the military. Formally argues that Polri aren’t capable of clearly directed at achieving the published by the Defence Depart- handling domestic security is- goal of being solely responsible for ment, headed by a civilian minis- sues. handling domestic security. In ter, it was written by retired offic- 1999, Polri, the police force, was ers, including Lt-General The Civilian-Military separated from the military and Sudradjat, the influential secre- Relationship was given the task of dealing with tary-general of the department. law and order but the TNI never The White Paper was presented The Megawati government is accepted this. as the key document for explain- entering its third year, quite an ing how the military are facing the achievement if one considers A new batch of officers has challenges in the 21st century. The that her predecessors, Habibie emerged, brimming with self-con- result is shoddy, an example of a and Wahid, lasted less than two fidence and surveying contemp- dead end in Indonesian military years. One of the major features tuously the woeful performance of thinking. of her reign is one of accommo- civilian politicians. A new, mu- dation with the military. tual symbiosis is emerging. On the Poorly written with no new ideas Wahid’s presidency ended in one hand the military have gained emerging, the White Paper’s prin- impeachment not least because confidence and become en- cipal aim is to justify the TNI’s ter- of his troubled relationship with trenched in the old military doc- ritorial function and its role in the top military leadership. trines. The basics of the military dealing with separatism, terror- Megawati’s relationship with doctrine are quite simple. They are ism, piracy, illegal logging and the military leadership is much the ones who fought and achieved independence while civilian politicians were engaged in feeble diplomatic work. The other main doctrine holds that the military originate from the common people and it is more than justifi- able for the TNI to involve itself in politics, that only the military can safeguard the nation from separatism, turmoil, rising criminality etc.

On the other hand, civilians who run the government and sit in parliament yearn for military guid- ance as the only option. It creates weird situations where provincial Harbibie and Wahid: Lasted less than 2 years

Aliran Monthly : Vol.23(7) Page 34 more based on realpolitik than As intelligence supremo, mand more transparency. The Wahid’s. Hendropriyono carries a lot of Defence Department has been re- political weight, combined with organised and is nominally run The appointment of General his background as a long-serving by civilians. The Defence Law and Endriartono Sutarto, a main- Kopassus intelligence officer. His the Law on the Police provides stream reform officer, as TNI com- past record as a ruthless com- enough judicial control. But the mander-in-chief calmed the turbu- mander has left many bloody reality proves different. lent atmosphere of the Wahid pe- trails in different parts of the re- riod. She only appointed four republic, not the least in Lampung Martial law in Aceh has proven tired army generals in the cabinet, where he led a raid in 1989 that that democratic control over the but each of them have been given resulted in a bloodbath of inno- military is feeble and ineffective. heavyweight positions. cent villagers. The military top simply consulted with the heads of the factions in Susilo Bambang Yudhoyono is the The present minister of commu- parliament and the green light was Coordinating Minister for Secu- nications, retired Lt-General given. It is still the military who rity and Political Affairs, known Agum Gumelar has a similar determine the political agenda in usually as SBY. He functions more background. He also served as Indonesia. or less as Indonesia’s prime min- Kopassus officer and at the height ister and has been crucial in the of his military career became di- Political analysts describe the In- negotiations on Aceh under the rector of BAIS, the influential mili- donesian military as ‘a state auspices of the HDC in Geneva. tary intelligence body. within the state’ or ‘a closed corporate group’. Some analysts go Indonesia’s presidential system Both ministers have been instru- further and say that the position makes Megawati’s powers simi- mental in the decision to launch of the military at present is much lar to those of the US president but the military operation in Aceh. stronger than in the closing years her inexperience and seeming The preparation of this operation of the Suharto era. lack of interest in political matters and its aims carry all the hall- makes the position of SBY even marks of an intelligence and coun- When push comes to shove, politi- more pivotal. ter insurgency operation. cal will is needed to curb the powers of the military. It means Hari Sabarno, another retired gen- Ever since the birth of the Indone- strengthening the political institu- eral, is the home affairs minister, sian Republic in 1945, the military tions and ensuring that civilians a position of exceptional impor- have always played a major role assert control over the military. This tance also due to the territorial in politics. Only for a brief period applies also to the military. structure of the military that shad- in the first half of the fifties were ows the administrative structure the military subordinate to the ci- Without the willingness of mili- from provincial capitals to the vil- vilian government. In the New tary officers to accept democratic lages. Order era of Suharto which lasted reforms, the road to democracy more than three decades, the coun- will stagnate, as is now the case. The two other generals in the cabi- try was run along the lines of a Or still worse, choosing the mili- net belong to Megawati’s inner totalitarian military regime. The taristic road, the future of Indone- core and have a strong influence fall of General Suharto in May sia looks utterly bleak and the on Megawati’s policy-making. 1998 eroded the dominant role of break up of Indonesia becomes RetiredLt-General Hendropri- TNI and in the brief periods of the more likely. q yono who is the chief of the intel- Habibie and Wahid presidential ligence agency BIN is also a mem- terms, there was some achieve- ber of the cabinet. BIN is the re- ments in democratic control of the UK/Netherlands-based ac- vamped intelligence body and in military. tivist Liem Soei Liong wrote the future will function along the this piece for the Indonesian lines of the National Security Parliament nowadays can exert human rights group, Tapol. Council in the White House. more control on the TNI and de-

Aliran Monthly : Vol.23(7) Page 35 SCREAMING IN THE NIGHT Continued from page 40 circles of patriotic Malaysians.

My JIM Friends

Both my wife and I took the opportunity to meet our friends in Jamaah Islah Malaysia (JIM) from day one of my release. We ar- ranged to meet them on all occasions that I was invited for ceramahs across the country organised by PAS, keADILan, Parti Rakyat Malaysia, Aliran and Barisan Alternatif. These JIM friends have been our close associates with whom we have gone Saari's wife Aliza in jubilant mood after the release of her husband. through thick and thin on many occasions in our struggle for a bet- the rock-solid wall of fear - fear of position. ter Malaysia. I am deeply indebted the intimidation and harassment to them for their support, love, by Special Branch personnel and This handful of my friends in JIM kindness and prayers. other agents of the authorities. The continue to be the backbone and wives and family members of the prime-movers of the Abolish ISA In my nationwide roadshow to Reformasi Six refused to consider Movement (GMI). They form the campaign against the ISA, any themselves under seige; instead major support group looking into session with them, no matter how they put those who had unjustly the welfare of the remaining de- brief, was a solace for me. They detained their loved ones under tainees’ families. These activists provided me with the strength seige! also constitute the main working that I needed - and I know that group pressuring the government there are still people out there who The main objective of meeting my to release the remaining ISA de- are willing to abandon their fear JIM friends was to impress on tainees. in facing the intimidation and them that they needed to abandon harassment of the ISA. I keep tell- their fear in facing the ISA. The I pointed out to my JIM friends ing them, in the hope that they ISA would only be “successful” if that when I was released, the will be convinced, that the reason they retreated in their resolve each mainstream media deliberately the ISA is so “successful” is that it time it was used by the govern- kept repeating that I was the has instilled fear - in most cases, ment against dissidents. The gov- former president of Jemaah permanently - in the hearts of ernment only seeks to intimidate Islamiah (JI) (the alleged terror- Malaysians, whether lay persons and harass those who oppose and ist network) instead of former or activists. disagree with them. They want to president of Jamaah Islah Malay- instil fear in the public. Once the sia (JIM), a legally registered so- I told them how Aliza, Bahirah, public is frightened and suc- ciety. I advised my friends, who Zumrah, Farah, Tian See, Mak Cik cumbs to the wishes of the gov- have been close associates of Aishah and other women family ernment, it is a “victory” for au- mine for almost two decades, to members of the Reformasi Six had thoritarian rule. I advised my be wary as the government could shown the way in standing up brothers and sisters in JIM to be have a hidden agenda or some- against the ISA. They had ex- brave and vocal in challenging the thing “special” in store for them. posed the ISA for what it was: wrongdoings of the government, I warned them that the ISA may nothing but harassment and in- especially in its use of the ISA to also be used against them at any timidation! Now they had broken suppress dissent and rightful op- time.

Aliran Monthly : Vol.23(7) Page 36 Fuming Veterans blazed with anger and hatred. He The Screaming blamed UMNO for his unjust de- While at the resort, I took a break tention. According to him, UMNO One pakcik Zainal related a scary to meet a pakcik in Changkat had spread lies about him by tell- story to me. He told me that in the Jering. I made a courtesy visit to ing the the public that API actu- 1950s, as a police constable, he his house as a gesture of appre- ally stood for Angkatan Pembunuh was assigned to guard a certain ciation for his kindness to the Inggeris (Movement to Kill the Brit- place. He wondered why, when Reformasi Six while we were de- ish)!. He was accused of planning night fell, he could hear people tained in Kamunting. He had to use arms against the British. screaming (“dengar suara managed to pass packs of durian They alleged that Pak Hassan’s menjerit”). Later on he came to to us in the Kamunting Detention real reason for joining the SC was know that that the place was the Centre through my wife, Aliza. not to help contain the communist “Holding Centre”, where the Spe- These durians were of supreme insurgency. Rather, they claimed cial Branch interrogated detainees. grade, of course. I remember how that his real intention was to Hisham managed to keep the ex- capatalise on the weapons abun- The screaming, Pakcik Zainal tras to be preserved as his favour- dantly available in the SC squad presumed, must have come from ite delicacy, the magnificent to fight the British from inside. detainees tortured during police tempoyak! Pure lies cost Pak Hassan’s two interrogation. He said the place years of his life under detention was at a secret location between The visit that I thought would be without trial! PULAPOL and KEMENTAH in just an ordinary meeting turned Jalan Semarak-Jalan Padang out to be a revelation for me. There, There was Tuan Guru Hj Mohd Tembak, Kuala Lumpur. waiting gracefully, were a couple Arif who was detained for 50 days of veterans whom I can regard as under the ISA in 1985. The reason Right away it triggered in my my pakciks. he was deemed a threat to na- mind an interview conducted by tional security was that he gave Zunar for Harakah in which he There was Pak Hasan detained in speeches in support of Ustaz mentioned this secret location. I 1948 under the British emergency Ibrahim Libya and other PAS responded that the front facade of regulations for close to two years. members who were killed in this secret location had to be the He was charged with memberontak Memali as shahids or martyrs. The Henslet’s Scout Camp. Yes, I was or rebellion. He was an activist of government was not happy with there in 1968 attending a scout Angkatan Pemuda Insaf (API). At his speeches, which he delivered jamboree camp as a boy scout and the beginning of the Emergency in throughout Perak. So he was de- again, in 2001, as an ISA detainee. June 1948, he had joined the Spe- tained in order to silence him. Again, like Bukit Jana and the cial Constables (SC) set up by the Kamunting camp, that green look- British Administration in Malaya. Ironically, during those 50 days ing facade at Jalan Padang of detention, he was also blamed Tembak represents both sides of SC was headed by personnel who for once equating UMNO with the Malaysia, the friendly scout camp had served in the British special communists. Years earlier, prior to and the cruel and repressive ISA forces in Palestine. his detention, he had said that the detention centre. political philosophy of UMNO is According to the pakciks, they had based on materialism - the same Pakcik Zainal also encouraged to call their superiors “Tuan as the dialectic materialism up- me to file a legal suit against the Palestin”, and some of them were held by communism. Thus, ac- police as the Federal Court had Jews serving in the British army cording to Tuan Guru Hj Mohd ruled that their arrest and deten- in Palestine. Soon after Pak Hasan Arif, UMNO is communist if tion of the Reformasi Six was un- joined the SC, he was detained un- viewed from this philosophical lawful, mala fide (made in bad der the emergency regulations, foundation. The fact that he was faith) and politically motivated. I interrogated and then detained blamed for putting forward such told him that I would file the legal without trial for close to two years. a view clearly showed that the suit against the government of government had zero tolerance for Malaysia and Tan Sri Norian Mai While telling me his story, his eyes views contrary to its own. both as the IGP and in his indi-

Aliran Monthly : Vol.23(7) Page 37 vidual capacity. Pakcik Zainal by Anwar. In the words of Pakcik Bitterness And Anger also reminded me to make sure Zainal: “Tiap tiap malam mereka that I file a suit against the police telanjangkan saya, malu pakcik As I move on and on in the na- officer who came to arrest me. Yes, malu...mereka jolok dubur saya... dan tionwide roadshows to share with I told him that I would do that as tanya banyak banyak kali.. berapa kali friends, BA supporters and mem- well as filing legal suits against Anwar liwat kamu.” (Every night, bers of the public my personal ex- all SB officials who interrogated they stripped me; it was so humili- perience of being detained under me throughout my first 60-day de- ating, pakcik... they inserted objects the ISA, the emphasis in my talks tention. into me...and repeatedly asked has shifted. I have moved from me..."how many times did Anwar talking about my own predica- Shocking Revelation sodomise you?") ment to speaking about the experience of others who had had suf- While I was listening to stories of I left Pakcik Zainal's house with fered even more. other veterans who were mostly mixed feelings of anger and shock former police and military pen- at what I had heard about the fate In Terengganu, Kelantan, Kedah, sioners, Pakcik Zainal suddenly of a friend of mine under ISA de- Perak and Johor, I met the wives, whispered something to me. He tention in 1998. children, fathers and mothers of wanted to know whether I knew the remaining ISA detainees. I somebody whose name he men- I had earlier heard of a different could easily sense their bitterness, tioned me. I told him I did. What case of torture from Malik Husin - anger and hatred towards the he told me was a revelation as well that he was sodomised with rub- government. Even those family as the answer to a question I had ber tubing while in police cus- members who are shrouded with asked since September 1998, the tody. I had never doubted Malik's fear due to the SB’s harassment year reformasi was unleashed. story, which I had already known and intimidation could not hide after my release from ISA deten- their anger towards the govern- I listened attentively to Pakcik tion in November 1998. ment whose injustices had made Zainal. It came as a thunderous them suffer so much. shock to me. I asked him many, But Pakcik Zainal’s story con- many time to make sure that he firmed that such brutality was not As I meet more and more people, was perfectly sure what he was only confined to the Reformasi with lots of personal touch and talking about. He said he was detainees of 1998 but had also little publicity and lime-light, very, very sure about it. That per- been inflicted on others. more and more things are re- son himself told him the story. vealed about the injustice of the That person was one of those de- The question is: who else was ISA. In Sarawak, I found out that tained under the ISA a few days treated inhumanly in such a man- a story which I had written after Anwar Ibrahim was arrested ner in police custody during that briefly in one of my books while on 20 September 1998. I person- time? Thank Allah, though I was I was under detention seemed to ally know that person. As far as I often confronted with the threat get more input from people who know, he was an ISA victim of of being stripped and other vul- personally knew the actual story Operasi Dalil 1998 who was not gar threats such as “kau nampak and who personally knew the willing to speak up after the kaki meja tu?.. aku jolok jubur kau victims. As events unfold, I am trauma he underwent. pakai kayu tu nanti baru tau!” (you determined to share this story see this table leg?…I will stuff it with other concerned But suddenly, in this humble home up your behind, then you will Malaysians in a credible maga- of Pakcik Zainal, the story un- know!), such inhuman treatment zine like this one. But that will folded. Pakcik Zainal told me that did not actually come close to take more time and I do not want this particular ISA victim told him happening to me. Unfortunately, my dear friend Rama to keep that during police interrogation such a barbaric act had befallen a waiting for my very slow and late every night, he was undressed, had friend who, I believe, commands delivery - so maybe I will save foreign objects inserted into his so much respect especially that for another time. q anus and was forced to make a amongst his professional commu- confession that he was sodomised nity. Ampang, 31 July 2003

Aliran Monthly : Vol.23(7) Page 38 Saudara KuKuSaudara Ahmad NorNorAhmad

As I pass through this timeless journey of mine The chains of slavery that must be broken free Glitching through this world of virtual reality But who am I …. To assert such certainty Stumbling over the choppy ways and by-ways Delving on a woven dream To touch love Hoping to convince trapped beings The compassion within That this struggle is a living reality My journey halted … That we must be born free Frozen by the glimpse of an eternal soul That this exploitation, this oppression is not From far yonder meant to be Totally enchanted … Time passed us by By this soft-spoken man Unmended dreams eclipse the sublime years The spark that ignites trapped souls But then you have to bid goodbye To challenge this decaying capitalism For we know Laced with the ever-glowing …Red You are in transit silhouette of socialism Passing through the world The symbol of defiance With precious moments well spent Casting uncharted colours of the struggle A legacy of struggles that marches forever within Arousing these humble souls Saudara To redefine this amorphous future Can we still seek your permission To continue your legacy Saudara To offer ……. these worn out hands of ours You have walked through thousand paths…. To caress the very beauty …. of your Glimpsed through thousand horizons compassion Witnessing untold tragedies and miseries With our endearing spirit? Gracefully seeking your destiny Will you allow us Growing with every atom of energy To touch the very petals of your being To serve the working class, the people and with our loving hands nation and our hopeful dreams? That you so dearly respect and love Farewell my friend….. our comrade Surely …..your sacrifice is not in vain Your smile, your humility and your spirit I pause to fathom your smile …… of Will forever shine in us thousand meanings That beckons the inner recesses of my (This poem was read by Dr. Nasir Hashim - humanity PSM Chairperson during the Ahmad Nor Wishing to endear this unity …. this joy Memorial Night organised by DAP on 19 The joy of lasting dreams March 2003 at Crystal Crown Hotel) The heritage that must be

Aliran Monthly : Vol.23(7) Page 39 ISA Screaming In The Night Saari Sungib runs into a few pre-independence era veterans and is shocked by their hair-raising revelations…. by Saari Sungib

eated inside my hotel ated there, I could see the majestic trast in this country between free- room at the Bukit Jana sight of Bukit Jana rising from the dom and detention. With the SSS golf resort in the country- surrounding tropical landscape. stroke of a pen, I was separated side north of the old tin- In the shadow of this lush hill, my from my wife and children two mining town of Taiping, I won- other Reformasi friends and I years ago - and then, without any dered what was happening to my were robbed of our liberty and explanation from the Home Min- fellow friends still detained denied our basic right to freedom. ister, I was returned to my family. nearby under the ISA. I was at the Yes, we were political prisoners golf resort not because I had incarcerated only because of our Upon reflection, Bukit Jana and picked up the sport after my re- political views, beliefs and com- the Kamunting camp represent lease from ISA detention on 1 June mitments. two sides of Malaysian politics: 2003, but simply as part of my the seemingly peaceful facade personal commitment to share As I draft this article for my friend, and the cruel side - separated only with friends, my brothers and sis- (Aliran president) Ramakrishnan, by the draconian ISA. The ISA has ters, the injustices which my be- I see the same majestic view of been used in the past not because loved wife, children and I had ex- Bukit Jana - part of the undulat- of a threat to national security, but, perienced under the ISA. ing verdant terrain that includes alas, to silence dissent. In the case the serene green of the resort, sepa- of the reformasi activists, the ISA It was only two months ago that I rated just a few metres away from was used to stop us from sharing had looked at Bukit Jana from a the walls and razor-wires of the our dissenting views with larger different vantage point: from in- detention centre. Seated next to my side the neighbouring Kamunting beloved wife here, I suddenly re- Detention Centre. While incarcer- alise I am free - so stark is the con- Continued on page 36

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