Looking Beyond the Torture of Nirmala Bonat Deeper Systemic Problems Lie Behind the Abuse of Migrant Workers

PP3739/12/2004 ISSN 0127 - 5127 / RM3.00 / 2004:Vol.24No.5 Wrong,Wrong,Wrong,Wrong, MrMrMrMr PM,PM,PM,PM, therethere ISISthere ISISthere torturetorturetorturetorture herehereherehere

Hamid Omar told me to stay put, says George Seah

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Aliran Monthly : Vol.24(5) Page 1 RojakRojakRojak Songs COVER STORY Abu Ghraib And The ISA: What’s The Difference? The time has come to outlaw torture in all its various forms by Anil Netto

he pictures of the torture and abuse of Iraqi pris- TTT oners at the hands of US colonial captors in Abu Ghraib prison left the world stunned and horrified. But then, why should we be shocked? When captors are given total power over prisoners – with no checks and balances - this is what can and does happen.

The Abu Ghraib horror and other similar scandals in Iraq have shamed the United States and Brit- ain. They have undermined any shred of moral authority the Anglo-American colonial forces may have left in their illegal invasion and occupation of Iraq. Anti ISA protest in Kamunting

Syed Husin and Hisham Rais: Former ISA detainees have exposed the torture and abuse

Aliran Monthly : Vol.24(5) Page 2 EDITOR'S NOTE

The scandal at Abu Ghraib prison shocked and stunned the world. Looking beyond the scandal, CONTENTS Anil Netto discusses the systemic pattern of US torture techniques over the last 50 years and detects some similarities with the way ISA detainees are COVER STORY treated in Malaysia. Accompanying his piece are ••• Abu Ghraib And ISA 222 testimonies by former ISA detainees confirming that ••• Brutality In Our Own Backyard 666 they were tortured.

Continuing our analysis of Election 2004, Dr FEATURES Jeyakumar Devaraj discusses the manner in which ••• By Fair Means Or Foul? 101010 the ruling coalition achieved its victory and probes ••• Propagandists For The BN (Part I) 141414 suspicious voter turnouts and voting trends. Dr ••• Let Us Enjoy Our RojakRojakRojak Songs 191919 Wong Kok Keong, meanwhile, analyses the television coverage during the election campaign and ••• Federal Court Turns Its Back points an accusing finger at a couple of prominent On Justice 232323 TV stations. ••• Women Workers In M'sia (Part II) 242424 ••• Beyond The Torture Of Nirmala 262626 Dr Tan Sooi Beng provides a compelling argument as to why we should preserve our unique heritage ••• Book Review: Watch What They Say! 313131 of loveable rojak songs, which are part of the colour- ••• Apostle Of Islamic Non-Violence 33 ful tapestry of Malaysian culture and the arts. ••• Singh On A Tightrope 353535 ••• Something's Brewing In KL 404040 Continuing his expose of the 1988 judicial crisis, former supreme court Datuk George Seah recounts the conflicting instructions he received at the time. REGULARS ••• LettersLettersLetters 292929 In a book review of ‘War of Words’, Dr Shakila ••• Current Concerns 373737 Manan discusses the post Sept 11 world and how the language has been “hijacked” to justify the “war on terror”. OTHERSOTHERSOTHERS Concluding her analysis of women workers in Ma- ••• Subscription Form 181818 laysia, Dr Cecilia Ng by highlights the miserable plight of migrant workers and sex workers. In the case of migrant workers, they are a most vulnerable group who lack protection. It is this lack of protection that has led to a constant stream of cases of torture, abuse and exploitation, according to our back-cover story by the Penang Office for Human Published by Development. 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.24(5) Page 3 But as we rightly condemn the US inhuman and degrading treatment sexual humiliation. (Alfred and UK, let us take a critical look of ISA detainees. And they are elo- McCoy, “Cruel Science, The Long at our own backyard. The meth- quent rebuttal to Nor’s remarks. Shadow of CIA Torture Re- ods of humiliating and abusing search”). detainees may vary, the degree of Systemic Abuse torture and abuse may be differ- Sleep deprivation, disorientation ent, but the overall objective is the Most analysts agree that the tor- and sexual humiliation? Now same: to strip detainees of their ture at Abu Ghraib was not an iso- doesn’t this sound familiar in both personal dignity, to humiliate lated breakdown of discipline. the Abu Ghraib and the them and ultimately to “break Rather the shocking photographs Malaysian contexts? Some former them,” to “turn them over”, to point to a systemic pattern of ISA detainees have complained of “neutralise” them. abuse and torture, not just physi- being forced to strip or to simu- cal torture but also increasingly late sex acts.They have also spo- Where Are psychological. It is aimed at de- ken of humiliating interrogation The Apples? stroying personal identity and of their private/sexual lives. humiliating the individual’s Deputy Internal Security Minister sense of self-worth. McCoy points out that once the Noh Omar, who led officials and subject is disoriented, interroga- journalists into the Kamunting This systemic torture and abuse tors move on to a second stage. Detention Camp recently, listened was practised not only after Sept Detainees are subjected to self-in- carefully to the complaints made 11, when the US administration flicted discomfort or to use current by the detainees, some of whom rode roughshod over the Geneva parlance, detainees are “stressed have been detained for more than Conventions and trampled on in- out” by making them stand for two years. ternational human rights law, but hours in uncomfortable, humili- also well before that. ating positions. The idea here, he “There have been allegations - says, is to make victims feel re- people compare Kamunting Over the last 50 years, the US Cen- sponsible for their own pain. prison with Abu Ghraib prison,” tral Intelligence Agency has They are made to feel that the only he said. “There is no torture here. turned torture into something of a way they can ease that pain is by You have to compare apples with fine art. From the 1950s to the early succumbing to the power of the apples.” 1960s, the CIA spearheaded inten- interrogator. sive research into interrogation So where are the apples then? The techniques, which included ex- Such discomfort in the Malaysian ‘apples’ – the cruel, inhuman and perimenting with electric shocks, context can take the form of being degrading treatment of detainees hallucinogenic drugs, and sen- subjected to blasts of cold air from - can be found in the police re- sory deprivation. This allowed the a powerful airconditioner or mand centres and other undis- CIA to produce new methods of bright lights aimed at the detainee closed holding centres where de- torture that were more psychologi- or constant shouting and scream- tainees are interrogated during the cal (but still under accepted defi- ing into the ears of detainees. first 60 days. The experience is so nitions of torture) than physical. traumatic in many cases that On the surface, mental torture like when detainees are eventually Psychological Torture this might appear to be less bar- sent to Kamunting, it may seem baric than physical torture. But like “paradise” to them – though There are two stages to this ap- mental torture leaves deeper and even here the “mind games” and proach of psychological torture, longer-lasting scars than the mental agony continue. (The de- honed by the CIA. In the first stage, physical approach and it may take tainees’ uncertainty over when non-violent techniques are used a long while for victims to recover they will be released is a cruel form to disorient the detainee. The de- from the trauma. of mental agony.) tainee may be hooded or deprived of sleep to make him confused. To That is why human rights groups There is a whole body of testimony heighten the sense of disorienta- do not differentiate between psy- from former detainees (see follow- tion, interrogators often launch chological and physical torture: ing pages) that point to the cruel, attacks on personal identity via torture is torture no matter what

Aliran Monthly : Vol.24(5) Page 4 the techniques used. ments. In 1996 the Pentagon was balances. In the US, the Iraqis who pressured to release the school’s were tortured and abused were It is not only the victims who are training manuals that advocated among thousands who were de- traumatised. The perpetrators too torture, extortion and execution. tained without charge as “secu- are affected – they may end up rity detainees”. In Malaysia, ISA with grossly inflated egos and Following public criticism, a cos- detainees are arrested under “pre- suffer emotional damage and re- metic change was made and the ventive detention” laws. sort to even greater cruelty to- school was renamed the “Western wards detainees. Hemisphere Institute for Security Whether they are Iraqi prison- Cooperation (WHINSEC)” in ers who are “security detainees” The Export Of Torture 2001. But critics say the new mili- or ISA detainees held under tary training school is the continu- “preventive detention” laws or The new methods of psychologi- ation of the SOA under a new foreign nationals in the US held cal torture were incorporated into name. “New name, same shame,” under the Patriot Act or “unlaw- the CIA’s “Kubark Counter-intel- they say. ful combatants” detained in ligence Interrogation” manual in Guantanamo Bay, or suspected 1963. And this new approach to Thus, from Abu Ghraib to militants arrested under India’s torture was exported globally to Guantanamo Bay, the same Prevention of Terrorism Act police in Asia and Latin America wicked systemic patterns of abuse (POTA), there is one thing they through the USAID’s Office of and torture have continued. all have in common.: they have Public Safety (OPS), which was all been detained without trial. subsequently closed down in 1975 The question is: is the Malaysian There is no natural justice, no following complaints. (McCoy). government happy to associate recourse to lawyers, no inde- itself with such discredited tech- pendent judges and no courts. But though OPS was shut down, niques used on ISA detainees – Significantly, the new Indian this approach of psychological sleep deprivation, disorientation, government is reportedly taking torture - its advocates call it “tor- stress positions apart from physi- welcome steps to remove POTA ture lite” or “no-touch torture” - cal abuse (slapping, spitting, etc)? from the statute books. remained. The CIA introduced these and other chilling torture If we are critical about Abu When suspects are arrested techniques in Central America in Ghraib, surely we should also without trial, a shroud of dark- the 1980s and shared these meth- make a ringing condemnation ness falls over their incarcera- ods with militaries elsewhere. against all forms of torture – tion. In this long, dark night, whether physical or psychologi- captives are at the mercy of all- Indeed, while the US has publicly cal. What better way to show the powerful, merciless interroga- said it is against torture - the US world that we are against torture tors. In secret corridors and hell- ratified the Convention against than by ratifying the Convention ish chambers, conditions are Torture in 1994 - its CIA and secu- against Torture? ripe for torture and terrifying rity apparatus has been promot- abuse to occur. ing these techniques around the What better way to show our com- world, notably in Latin America. mitment to the Rule of Law than This is why the ISA and other pre- by signing the Rome Statute, en- ventive detention laws are diaboli- The notorious US Army School of dorsing the International Crimi- cal: they allow captors and inter- Americas, based in Fort Benning, nal Court? (Not surprisingly, the rogators to act with impunity, Georgia, USA, has trained Latin US has refused to sign on to - and knowing they will in all likelihood American soldiers in combat, indeed has tried to undermine - never be brought to book. counter-insurgency, and counter- the ICC). Malaysians who are outraged by narcotics. The graduates of this Abu Ghraib must redouble their school are responsible for some of Blame It On efforts to campaign for the imme- the worst human rights violations “Preventive Detention” diate repeal of the ISA. in Latin America as they moved to wipe out dissidents, left wing Torture occurs in an environment Too many lives have been de- groups and grassroots move- where there are few checks-and- stroyed already. q

Aliran Monthly : Vol.24(5) Page 5 COVER STORY Brutality In Our Own Backyard

Abdullah Badawi not wash off (his) guilt” and he “must show (his) com- should “walk the talk” mitment in upholding human rights of …. prisoners”. arti Keadilan Rakyat (People’s Justice Party) is Please walk your talk, Datuk Seri! pleased to note that Prime Minister Datuk Seri PPP Abdullah Ahmad has appropriately criticized Syed Husin Ali the United States and Britain over the “inhu- 4 May 2004 mane and brutal treatment of Iraqi prisoners.” Abdullah is reported in the media today as having said yesterday Physical And Mental Torture that, “There is no excuse for what happened. We cannot accept it and there is no justification at all ...” Most torture of ISA detainees occurs during the first phase of their detention, in police custody for two months Abdullah is also reported to have urged, “The US and before they are served with the Detention Order, signed Britain must act immediately to stop such treatment. by the Minister, and then sent to the detention camp. They must identify those responsible and take action During this phase, detainees are kept in known lockups against them.” or unknown holding centres. Here they are subjected to interrogations and inhuman physical as well as mental Well said, Mr. Prime Minister! But are you going to do torture of different degrees. In some cases the two month anything about the brutal and inhuman treatment of period is extended. Malaysian prisoners by the Malaysian police under your own ministry? Your criticism of the US and Britain will The second phase is when detainees are held at the de- sound hollow if you do not follow it up with appropriate tention centre. Kamunting is the only centre left now, actions on happenings in our own backyard. but in the past there were others in Muar and Batu Gajah. Torture seldom takes place in these centres. But, there This year two people have died while in police custody. have been records and reports of detainees being at- One person, Francis G Udayappan, disappeared after tacked or tortured by police (often from FRU units) when being arrested and questioned by the police. The police they were on hunger strike or when sent as punishment claimed he had escaped from custody, but his family from Kamunting to Batu Gajah, which was considered members are convinced that he has died and that the to be a more severe place. police are trying to cover up the truth about the circum- stances of his death. At different times, many detainees have been sent back from the detention camp to the lockups or holding cen- Last year 18 people were reported to have died while in tres, purportedly for the purpose of evaluation, re-inter- prison or in police custody. There is an estimate that the rogation or “rehabilitation”. In several cases, they were frequency of prisoners who have died while in custody subjected to worse forms of torture than they experi- over the last few years is roughly one in every two weeks. enced during the first phase of their detention. Neither the police nor the Home Security Ministry has denied these figures. Just to mention an example, Yong Ah Chit, a University of Malaya graduate and a leader of the Chinese Lan- Of course we are not enumerating here cases of police guage Society while in the university, who was detained violence during peaceful demonstrations and during in- with me, was transferred to a lockup in Kuala Lumpur terrogations of all types of detainees. after being detained about three years in Kamunting. In the lockup he was subjected to severe mental torture. I wish to echo strongly what Abdullah has correctly When he was taken back to Kamunting, he was almost a urged the US and Britain to do by similarly urging total wreck and in a state of severe depression. A few strongly that the government he leads “must act imme- months later he was released, and not long after he com- diately to stop such treatment (and) identify those re- mitted suicide by hanging. sponsible and take action against them.” Syed Husin Ali To repeat his advice to the US and Britain: Abdullah “must 31 May 2004

Aliran Monthly : Vol.24(5) Page 6 COVER STORY

The Story of Hamat & Aladin a. he was hit repeatedly with the fist and kicked uring the few days I was there, I spent a lot like a football by two or three people at the same of time talking to my new friends on their time; DDD experiences, especially during interrogation. Most of these experiences were not b. he was burnt with cigarette stubs on his chest much different from one another. They always com- and back (the marks were still clear when he told plained about insufficient food land being tortured me the story); during interrogation. The stories of Hamat and Aladin were the saddest. c. his penis was beaten with a stick and painted with blue ink; According to Hamat, he put up resistance when the police came to arrest him. He did not want to give d. his face was slapped tightly with both hands at up, and so locked himself with his wife and chil- the same time until his ears bled (and there was dren in their house. Finally, the police, who came in still pus in his ears when he related the story); a truck load, used tear gas. Only after persistent and persuasions by the village headman, did he agree to come out. Because he resisted, his interrogators used e. he was asked to smoke a piece of newspaper that force against him. He was beaten. They accused was rolled and burnt at one end, until the fire him of hiding a gun. When he denied this, they not burnt his lips, and when he tried to throw away only beat, but kicked and slapped him as well. the burning paper, he was beaten and kicked again. One day, he fainted. His interrogators sent him back to his lockup. The corporal in charge there refused Because he could not stand the torture anymore, to accept Hamat under such Aladin admitted he had a pis- condition and asked him to be tol in his house. He was taken taken to the hospital. The cor- home by a number of police poral did not want to be held re- officers. When they ransacked sponsible if anything happened. his house, they could not find Subsequently, Hamat was taken anything. When he was to the hospital. After the inci- scolded, Aladin said that he dent he was not beaten again. really did not have a pistol. The officers accused him of The torture on his son Aladin lying. was worse. Although he was still young, only 19 years of age, It was raining heavily then. Aladin already had a wife and a According to Aladin, an of- child. He was working as a la- ficer pulled him to a dirty bourer in Singapore. When he stream in front of his house. heard that his father was ar- The officer pushed his face rested, he rushed home. A day several times in that stream. after his return, he was arrested. For the first time Aladin cried. He was asked to admit that he He said, he cried not because had a pistol, but since he never he felt hurt, but because he felt had one, he refused to do so. He was asked to de- sad that this was done within the full view of his scribe all his activities, which were supposed to be wife and child. in support of the communists. In order to extract admission from him, he was tortured in different Syed Husin Ali, ways for two week. Among them were: “Two Faces“

Aliran Monthly : Vol.24(5) Page 7 Bright Lights And Endless Shouting Detainees were mostly held incommunicado during the 60-day period. In many cases, their families Those who use the ISA make no had no notion where they were being held. Others effort to establish truth, uphold were given limited access to families, relatives, and justice or observe an individu- defence counsel. One detainee has described the so- al’s inherent right to dignity and called investigation period as “a licenced period for respect.The whole purpose of the Special Branch to terrorise and torture.” The sys- the 60-day period is “turning tematic use of physical and mental torture in the over” the detainees to justify course of interrogations violates not only interna- their own arrests without trial tional legal standards, but the Universal Declara- by the authorities. tion of Human Rights, one of the most important documents of the 20th century. While I was in detention, I was asked to lie over the television that the Prime Minister had acted correctly Article 5 of the Declaration lays down very clearly in arresting me. I told the police I had no acting skills. that “No one shall be subjected to torture or to cruel, If I had, I could have been a rich and famous movie inhuman or degrading treatment or punishment.” star instead of being a persecuted, penniless demo- Yet, witness what had taken place in the Chamber cratic activist. of Horrors.

To repay my recalcitrance, the Special Branch in- Aliran Monthly Vol.21 (11/12) flicted upon me some preliminary punishment. I was denied sleep for 48 hours. I was placed in a high- Tireless Interrogators back chair with a bright light shining in my face while my interrogators, who worked 24-hour shifts, That night I was interrogated till the next morning endlessly shouted into my ears. by a new team of interrogators whom I’d met the evening before. They took turns, two or three of them Lim Guan Eng, every two hours. I was made to sit on a round stool Aliran Monthly Vol.21(3) with no back. Compared to the first team, this team was extremely rough. They spewed obsenities, Chamber Of Horrors screamed at me, cursed, scolded, insulted and humiliated me all through the night. (p. 49, translated) The initial 60 days of detention are the most harrowing both for the detainee and his or her family. James Wong Kim Min Both sides are in the dark as to where they are de- The Price of Loyalty tained; both are kept on tenterhooks regarding fam- Singapore, Summer Times Publishing, 1983 ily visits.

The place of detention is referred to as Malaysia’s own Chamber of Horrors. Here the detainees are at the mercy of the Special Branch tactics.

Evidence gathered so far indicates that detainees were generally subjected to prolonged interrogation in deliberately over-cooled rooms, deprived of sleep for extended periods of time and threatened with indefinite detention without trial. An Amnesty In- ternational report released on Dec 20, 1988 pointed out that interrogators humiliated and terrorised several detainees during interrogation with mock sexual assaults. Uncooperative detainees were beaten up, punched and slapped.

Aliran Monthly : Vol.24(5) Page 8 They Beat Me With A Stick s. When you die, your body will be thrown away; t. There will be no grave that will accept your body; She was abused, insulted, threatened u. You will be fuel for the hellfire; and bullied like an animal. v. No one will pray for you when you die...

“I shall always remember how on the Besides the statements above, the interrogating of- ninth day of my detention, I was beaten ficers also insulted and hurled abuse at me by ac- with a stick. It was the most humiliat- cusing me of sexual improprieties:- ing experience in my life. I was forced to stand there while an inspector of the Special Branch beat me a. How many European women had I slept with? with a stick - to remind me that they were not going Questions like these were put forward to me re- to treat women more leniently. I was truly in a state peatedly. Among the questions asked of me re- of shock. peatedly were ... deleted because of excessively obscene references. Nevertheless, I refused to an- Irene Xavier, swer such questions and informed them that it Aliran Monthly Vol.21 (11/12) had nothing to do with national security;

Insulted, Shamed and Abused b. They told me how Tan Sri Samad Ismail, when he was detained under the ISA, had confessed to From the start of the interrogation proc- sleeping with many women. ... deleted because ess, for about four continuous weeks, of excessively obscene references. I did not an- the questions put to me were a form of swer these questions. mental and emotional torture. I was insulted, shamed and abused with Hishamuddin Rais swearing and derogatory words Aliran Monthly Vol.21(7) meant to reduce my self-esteem. The worst period of abuse was during the first three weeks of interroga- They Stripped Me tion. Among the vicious abuse hurled at me in- Of All Self-Respect cluded:- a. You are a coward; "They screamed and screamed and b. You are not a Malay; screamed, in my ears, at my face, at c. You are a traitor; me, again and again, over and over d. You like sucking ... deleted because of excessively asking me to say 'yes' until I gave in obscene references; and broke down saying yes, yes." e. You suck ... deleted because of excessively obscene references; The way Munawar raved and raged against a legal f. You are useless to this country; counsel who had turned up to represent him, ex- g. Why did you come back to Malaysia? posed the cruel and chilling terror of torture and h. You are a corruptor of the Malays; trauma he had been subjected to. i. You are a stooge for the Chinese; j. You are a foreign agent; In his affidavit, he summed up his horrendous k. You work for the United States; experiece: l. You are Al Gore’s stooge; m. You aren’t a muslim, you are an infidel, you are "They stripped me of all self-respect; they degraded damned and you will burn in hell. You will be me and broke down my will and resistence; they rejected by the earth when you die. threatened me and my family; they frightened me; n. You are an adulterer and you are like PAS, a party they brainwashed me to the entent that I ended up in of the devil; court on 19 Sept a shivering shell of a man willing to o. You eat pigs, snakes and centipedes; do anything to stop the destruction of my being." p. You will not be accepted into heaven; q. You have one foot in the grave; Dr Munawar Ahmad Anees, r. You will die alone; Aliran Monthly Vol.21 (11/12)

Aliran Monthly : Vol.24(5) Page 9 ELECTION 2004 The 2004 BN victory By Fair Means Or Foul? Unexplained increases in total voters in key “front-line” states by Dr Jeyakumar Devaraj

he mainstream media The figures in Table 1 were de- TT describe the 2004 Elec- rived from releases by SPR. As is TTT tions as a landslide vic- quite evident, the quantum of in- tory for the BN and as an crease in registered voters is not unequivocal endorsement of the uniform, with Selangor and the new Prime Minister’s initiatives. “front-line States of Trengganu, The opposition parties on the Kedah and Pahang having 2- other hand allege massive elec- digit increments in total voters toral fraud and are in the process registered, while other States had of filing court actions - at the time much lower increases in the of writing, PAS has already filed number of voters registered. This 22 Election Petitions including 8 table does provide strong circum- in Trengganu and 6 in Kelantan. stantial evidence for the BA’s al- KeAdilan has filed for a Judicial legations of electoral fraud in cer- Review of the entire elections. tain States.

For the independent-minded Malaysian who would like to Table 1 Total Registered Voters By State know what really took place, the In Peninsular Malaysia 1999 & 2004 data presented here would be useful. StateStateState RegisteredRegisteredRegistered RegisteredRegisteredRegistered % changechange% TurnoutTurnoutTurnout 199919991999 200420042004 200420042004 Discrepancies In The Registration PerlisPerlisPerlis 105,733105,733105,733 112,482112,482112,482 6.4%6.4%6.4% 82.7%82.7%82.7% Of New Voters KedahKedahKedah 731,987731,987731,987 821,901821,901821,901 12.3%12.3%12.3% 80.9%80.9%80.9% The number of voters in any State PenangPenangPenang 653,572653,572653,572 672,362672,362672,362 2.9%2.9%2.9% 75.8%75.8%75.8% in Malaysia would tend to slowly PerakPerakPerak 1,147,9491,147,9491,147,949 1,170,3511,170,3511,170,351 2.0%2.0%2.0% 67.3%67.3%67.3% increase over time - in parallel SelangorSelangorSelangor 1,096,7511,096,7511,096,751 1,422,2741,422,2741,422,274 29.7%29.7%29.7% 71.4%71.4%71.4% with the population growth of the FTFTFT 588,878588,878588,878 640,656640,656640,656 8.8%8.8%8.8% 67.9% State. However we would expect that the rate of increase in voters N SembSembN 406,631406,631406,631 404,913404,913404,913 0.4%0.4%0.4% would be about the same in all MelakaMelakaMelaka States - the exception being States JohorJohorJohor 1,068,0011,068,0011,068,001 1,152,4941,152,4941,152,494 7.9%7.9%7.9% ~72.6%~72.6%~72.6% with rapid economic development PahangPahangPahang 479,106479,106479,106 570,126570,126570,126 19.0%19.0%19.0% 76.3%76.3%76.3% which might show a higher rate of increase due to the influx of TrenggTrenggTrengg 389,071389,071389,071 455,924455,924455,924 17.2%17.2%17.2% 87.0%87.0%87.0% workers into that State. KelantanKelantanKelantan 641,753641,753641,753 662,722662,722662,722 3.3%3.3%3.3% 81.1%81.1%81.1%

Aliran Monthly : Vol.24(5) Page 10 Table 2 Support For PAS It would be in the enlightened in- In Selected Constituencies terest of the BN to refrain from In Kelantan 1999 & 2004 pressuring the Judiciary into employing technicalities to disallow Constituency UMNOUMNOUMNO PASPASPAS UMNOUMNOUMNO PASPASPAS the various Election Petitions al- VotesVotesVotes VotesVotesVotes VotesVotesVotes VotesVotesVotes leging electoral fraud, for the very 199919991999 199919991999 200420042004 200420042004 credibility of the electoral process is at stake - and this is far more Pengkalan Chepa P 20 important than the loss of a few Malay voters : 97.4% 8 402 24 347 14 399 20 621 BN seats. The legitimacy of the Pasir Mas P 22 ruling party would be seriously Malay voters : 95.8% 15 690 24 265 16 275 17 526 undermined by any attempts to cover up any perceived fraud. Rantau Panjang P 23 Malay voters : 97.7% 11 429 19 994 14 295 15 027 Erosion In Malay Support For Kubang Kerian P 24 Opposition Parties Malay voters : 97.9% 9 577 25 668 15 803 21 430 There are several constituencies in Bachok P 25 the country that have more than Malay voters : 98.2% 15 406 25 223 28 194 21 922 95% Malay voters. We can use these as a gauge of Malay support Pasir Putih P 28 Malay voters : 97.5% 17 536 25 947 23 208 27 018 for the parties contesting such seats. However as there are legiti- Jeli P 30 mate grounds for suspecting that Malay voters : 98.8% 15 230 15 923 16 960 9 007 the voters lists in Kedah, Trengganu and Pahang, have Total 93 270 161 367 129 134 132 551 been padded with BN friendly (63.4%) (50.7%) phanthoms, we should look at Malay majority seats in other States.

Kelantan has 14 parliamentary constituencies - 5 had Malay ma- jorities of less than 95%, while 2 others were contested by KeAdilan. The results for the remaining 7 are tabulated in Table 2. In all seven there were straight fights between UMNO and PAS in 1999 and in 2004.

It is clear that support for PAS among Kelantanese voters has eroded by around 20% between 1999 and 2004. This should not be whitewashed with the excuse

Aliran Monthly : Vol.24(5) Page 11 Table 3 Support For KeAdilan In Selected of electoral fraud because there Constituencies 1999 & 2004 wasn’t the massive influx of new voters into Kelantan as there was Constituency UMNOUMNOUMNO KeAdilanKeAdilanKeAdilan UMNOUMNOUMNO KeAdilanKeAdilanKeAdilan in Trengganu , Kedah and Vote 19991999Vote Vote 19991999Vote Vote 20042004Vote Vote 20042004Vote Pahang.

P26 Ketereh A similarly large erosion of Malay 96.7/2.0/0.3* 15 873 20 398 20 024 17 136 support affected KeAdilan as is documented in Table 3. For the (P27 Tanah three seats tabulated in the table below, the overall erosion of votes Merah was 19.1% (10.7/56.1). 93.3/4.9/1.1 14 301 18 968 16 107 13 580 The factors that caused this sig- N 39 Bota, nificant swing of Malay votes Perak away from the BA parties cannot 97.9/0.3/0.4/1.5 5 202 5 833 6 031 4 302 be gleaned from these statistics themselves. But these figures do 35 376 45 199 42 162 35 018 suggest that UMNO would have (56.1%) (45.4%) improved its performance in Kedah, Trengganu and in Pahang * Denotes % of Malay, Chinese and Indian voters in that constituency even if there had not been any electoral fraud. (This is not to Q Q Q Q Q downplay attempts to expose and combat electoral fraud!)

Table 4 Non-Malay Support For The DAP Non-Malay Hesitation In Constituency TotalTotalTotal Non-Non-Non- VotesVotesVotes d/bd/bd/b d/cd/cd/c Supporting VotesAVotesAVotesA MalayMalayMalay forforfor KeADILan & PAS cast inincast VotesVotesVotes DAPDAPDAP 200420042004 The DAP appears to have re- (b)(b)(b) (c)(c)(c) (d)(d)(d) ceived 60 - 66% of the non-Malay vote in certain urban constituen- Bagan P 43 cies. This is documented in Table 15.0/70.7/14.0 42 568 26 183 23 095 54.3% 63.8% 4.

Ipoh Timor P 64 None of the KeAdilan candidates 8.8/85.6/5.2 47 928 43 710 28 851 60.2% 66% contested in such large Chinese majority constituencies. However Batu Gajah P 66 analysis of polling stations with 10.0/79.0/10.8 49 397 44 457 28 662 58.0% 64.5% high Chinese representation in the mixed constituencies contested by Siputeh P 122 KeAdilan candidates indicates 4.8/89.2/5.4 46 339 44 115 28 921 62.4% 65.6% that there was significant hesitation among the non-Malay voters Source: SPR Press Release - and KeAdilan candidates only

Aliran Monthly : Vol.24(5) Page 12 received around 35 per cent of the SPR and the BN to demonstrate to the Malaysian public that there non-Malay votes just slightly over was no fraud by allowing a fair and impartial review of the vari- half of what DAP received! See ous irregularities that took place in the 2004 elections. And if there Table 5. were indeed some attempts at fraud the perpetrators must be ap- prehended and charged. Anything less would be unlikely to stem Conclusion the growing disillusionment with the process of parliamentary Fair Means Or foul? democracy in Malaysia.q From the statistics above it is clear that there was swing of sentiment in favour of the BN both for Malay as well as for non-Malay voters, both in the West coast as well as the East Coast. The BN would have definitely done better than in 1999. The BA parties have to face the fact that they have not impressed the people too much these past five years, and should seriously review weaknesses in their approach and modus oper- andi, instead of ascribing it all to dirty tricks by the BN.

However the figures in Table One do give cause for concern - something sinister appears to have The BA parties have to face the fact that they have not impressed the people happened. If there was indeed Table 5 electoral fraud - if the dispropor- Non-Malay Support For KeAdilan tionate increase of voters in the In Selected Polling Stations front-line States was due to fraud Polling Station Votes forforVotes Votes forforVotes TotalTotalTotal - then it couldn’t have occurred BN2004BN2004BN2004 KeADILan VotesVotesVotes without complicity on the part of 200420042004 CastCastCast the SPR. If so, it represents a seri- ous deterioration in the imparti- Kg Bahru Ampang ality and professionalism of the 99/19/12 SPR itself, and is a significant de- (1.1/97.6/1.2) 2623 1376 3999 parture from previous forms of electoral fraud which were spon- Kg Bahru Ampang P sored by individual politicians, 99/20/12 with the SPR just turning a blind (1.3/97.5/1.1) 584 374 958 eye. The 2004 results have raised the suspicion that the SPR or a Total 3207 1750 4957 (35.3%) well connected faction within it has taken center stage in organiz- Note 1. denotes percentage of Malay, Chinese and Indian ing electoral fraud! votes in that polling station. Note 2. UMNO candidate It is crucially important for the (Source: Dr Xavier Jayakumar)

Aliran Monthly : Vol.24(5) Page 13 ELECTION 2004 Propagandists For The BN (Part 1)1)(Part RTM and TV3 were the main culprits by Wong Kok Keong

efore the 11th general Times. Some say it was because election on 21 March, Abdullah ran articles critical of the BBB many already knew the Saudi royal family, who then pres- Barisan Nasional sured Abdullah Badawi, having would be easily returned to just taken over as prime minister, power largely because it had more to remove Abdullah. Others said of the 3 Ms than the opposition– premier Abdullah wanted some- money, machinery and media. one more supportive of him to While the 3 overlapped, the focus helm the UMNO-connected Eng- here is on the third M, specifically still outside of the experience of lish daily than Abdullah Ahmad, their coverage of the election. More mainstream Malaysians unlike who was more pro-Mahathir. accurately, the third M is the main- those from daily newspapers and Whatever the reason, top editors stream media, so as not to confuse radio and TV. It is still at the fringe of mainstream media are typically with two other types of media. of the Malaysian culture and con- political appointees. sciousness. What’s more, the ma- One type refers to publications of jority of Internet users use e-mail Why Bother? political parties meant for party and chat rather than surf news members. A law forbids them websites. One would thus be naive to as- from being openly sold to the pub- sume the mainstream media lic and restricts the frequency of As for the mainstream media would think of doing a fair and publication. Examples of such themselves, they have two major balanced coverage of the election. publications are PAS’ Harakah, characteristics. There are, first, the Just as the foregone conclusion of DAP’s The Rocket and MCA’s The various media laws and regula- the election was a comfortable vic- Guardian. Equating these party tions—the Printing Presses and tory for the BN, the foregone con- organs to the likes of Utusan Ma- Publications Act, Internal Security clusion of the mainstream me- laysia, The Star, and China Press is Act, Officials Secret Act, Broad- dia’s election coverage was their ridiculous, like comparing apples casting Act, and the Communica- bias towards the BN. So why to oranges. tions and Multimedia Act. They bother with a study of their cover- directly or indirectly restrict what age? What is the point? The other type not considered the mainstream media can pub- part of the “mainstream media” lish or broadcast. The main aim is to show how or are those available only through to what extent the mainstream the Internet such as The various print and electronic media were unfair and unbal- Malaysiakini.com. This is because media are also BN owned or con- anced. Points or arguments could of the low Internet penetration or nected. BN leaders like the prime be better made with data or evi- usage. In June 2003, there were minister are known to change top dence systematically gathered. only 2.6 million Internet subscrib- editors - For example, the replace- Anecdotal evidence gleaned here ers with about 7.8 million users ment of Abdullah Ahmad by and there might be telling but does or about 32% of the Malaysian Kalimullah Hassan as Group Edi- not reliably yield an overall pat- population. News on the Net is tor-in-chief of the New Straits tern or picture of a situation. The

Aliran Monthly : Vol.24(5) Page 14 purpose of this study is to help lowing denotations are used. provide stronger evidence for “BN” stands for Barisan making arguments and, in turn, Nasional, “OPP” for the opposi- raise the level of discourse into a tion parties (including Independ- more rational, objective one. ent candidates or parties), “BAL” for balanced or news or views Some comparison of the coverage incorporating at least two oppos- by the different media would also ing positions, and “NPR” for non- be undertaken. Finally, it is help- party related items that focused on ful to see how candidate Abdullah election issues but not the politi- Badawi was covered. Before the cal parties (e.g. the Election Com- election, he was merely seen as mission reminding the parties of someone to whom the prime min- the election rules). Also, “F” ister position was handed down. stands for focus as in items focus- He needed to secure a strong man- ing on the BN; “P” for positive as date at the polls for himself as well in items supportive of or positive Needed to secure a strong mandate as his BN to show he deserved to toward the BN; and “N” for nega- be the leader of UMNO and prime tive as in items critical of the BN, election coverage of these various minister of the country as well. but whose response or rebuttal stations from nomination day on The election was very important was not given (if given, the item 13 March to the last day of the to him. would be considered BAL). campaign on 20 March. The focus is on their new items since The focus of this study is on the TV Coverage they do not present opinions or English news bulletins on TV1, commentaries. TV3, and ntv7 as well as the Eng- TV1 offered its English bulletin at lish papers New Straits Times 6pm - 6:30pm throughout the In addition to news items (NST), The Star and theSun. TV2 week-long election campaign. throughout a news bulletin, it is and channel 9 do not carry Eng- Normally, the bulletin ends at also important to examine the first lish bulletins. 8TV carries it at 8:00 6:45pm. But TV1 ran a special three items of a particular day’s - 8:30pm during weekdays but it half-hour program at 6:30 - 7pm coverage. The first three items are is excluded from the study here during the campaign week. equivalent to the items on the first because this new channel, which Called “Bersama Mu Malaysia” it page of a paper. Those not pre- is currently targeted at young was about the election but was sented as the first three TV items urbanites in the West coast of the only interested in projecting the or on the front page would be con- peninsula, is not yet part of the BN from among the parties. ntv7’s sidered buried. Examining the mainstream. English bulletin was only 20 min- first three items would give an utes long each and would appear idea of what the TV stations con- The first part of the study pre- as early as 12:10am and as late as sidered to be more important items sented below deals only with TV’s 12:40am but not on Saturdays and of the campaign coverage. coverage. Sundays. TV3 presents its half- hour bulletin daily starting at mid- TV1 acted essentially as a mouth- Throughout this article, the fol- night. This study examined the piece of the BN. About 73% [BN(F)

ELECTION COVERAGE ON TV1

BN (F) BN (P) BN (N) OPP (F) OPP (P) OPP (N) BAL NPR Total

Top 3 1 5 8 0 0 0 0 0 1 2 4 Items (62.5%) (33.3%) (0%) (0%) (0%) (0%) (0%) (4.2%) (100%)

All 3 0 1 6 0 1 0 1 1 1 4 6 3 Items (47.6%) (25.4%) (0%) (1.6%) (0%) (1.6%) (1.6%) (22.2%) (100%)

Aliran Monthly : Vol.24(5) Page 15 + BN(P)] of all items were about such, it was downright wrong or the BN and only a little over one abusive of public funds and per cent of the items focused on facilites to give nearly all the po- the opposition. All but one of the litical coverage to just the BN. Do top three news items were about members and supporters of the the BN. Candidate Abdullah opposition parties not pay taxes? Badawi appeared in 17 (about 71%) of the top 3 items and 23 Of the 2 private stations of TV3 (about 37%) of all items, while and ntv7, the former’s coverage none of the candidates from the was arguably even more zealous opposition appeared in any of the than TV1 in promoting BN. Close 24 top 3 items for the period of to 64% of all items and 67% of the coverage. first three items were focused on or positive towards the BN, while The sole BAL or balanced item only about 4% focused on the op- was on the arrests of two UMNO position and not one opposition Najib said PAS could have been playing supporters for allegedly trying to politics news item made the top 3 items bribe PAS candidates to with- for the entire coverage. There were draw from contesting. (It was remaining coverage devoted to about 8 more negative items on the coded as a balanced item because election-related issues such as the oppostion than the BN—the sin- TV1 did not mention the parties Election Commission reminding gle negative BN item being the ar- involved.) Even NPR or non-party the parties of the various cam- rest of two UMNO men for alleg- related items were given a lot more paign rules and regulations. This edly bribing PAS men to drop out airtime than the opposition. is highly problematic. TV1 is part of contesting. On the other hand, of RTM, which is funded largely only one item could be considered Clearly, TV1’s idea of coverage by taxpayers. It is thus a public BAL and this was when Najib was to focus on the BN, with the station (as opposed to private). As Razak (in a separate story) report-

ELECTION COVERAGE ON TV3 BN (F) BN (P) BN (N) OPP (F) OPP (P) OPP (N) BAL NPR Total

Top 3 8 8 1 0 0 1 1 2 24* Items (33.3%) (33.3%) (1.2%) (0%) (0%) (1.2%) (1.2%) (2.4%) (100%)

All 22.5 22 1 3 0 9.5 1 1 1 70 Items (32.2%) (31.4%) (1.4%) (4.3%) (0%) (13.6%) (1.4%) (15.7%) (100%)

* The other three items were not related to the election and they all appeared on 16 March–one on the fatal Piper 28 plane crash in Malaysia, another on Canny Ong’s murder trial, and the third on a young girl missing from home.

ELECTION COVERAGE ON ntv7

BN (F) BN (P) BN (N) OPP (F) OPP (P) OPP (N) BAL NPR Total

Top 3 5 5 00001 315* Items (33.3%) (33.3%) (0%) (0%) (0%) (0%) (6.7%) (20%) (100%)

All 1 3 6 0 2 0 3 6 6 3 6 Items (36.1%) (16.6%) (0%) (5.6%) (0%) (8.3%) (16.7%) (16.7%) (100%)

* The one other item, which appeared on 15 March, was on the fatal Piper 28 plane crash in Malaysia.

Aliran Monthly : Vol.24(5) Page 16 edly said PAS could have been items, about 17% compared to less The idea of fair and balanced cov- playing politics with the issue of than 2% each by TV1 and TV3. It erage is not some lofty, unattain- the arrest of the two UMNO sup- also had the lowest number of able ideal. It is achievable. Indeed, porters. As to NPR items, they items featuring Abdullah Badawi, ntv7, the newest of the three sta- outnumbered BAL plus OPP (F) i.e., 5 (about 33%) of the top 3 items tions studied, showed it could be and OPP (P) items. and 6 (about 17%) of all the items. done with its larger amount of bal- But not one of the top 3 items fea- anced news items. However, if Among the various election can- tured any of the opposition can- only ntv7 did not also give that didates, Abdullah Badawi was didates. much more coverage to BN than featured most frequently and the opposition. prominently on TV3. He was in Although ntv7 was more willing 10 (about 42%) of the top 3 items than the other two stations to And so, taking the inadequacy of and 24 (about 34%) of all election present balanced news items, it ntv7 and the BN propagandist items. None from the opposition showed only a flicker of a fairer, role performed by TV1 and TV3, appeared in any of the top 3 items. more balanced journalism. A lot these major TV stations contrib- more was needed in its OPP (F) uted to the election being fought In a way, TV3’s idea of coverage and OPP (P) coverage. in a highly unlevel playing field was similar to TV’1’s– focus on that overwhelmingly favoured the the BN and give much of the re- BN Propagandists BN. They, therefore, have to be maining airtime to NPR items. But held partly responsible for hold- while TV1 basically ignored the The above findings quite clearly ing back democratic advance- opposition, TV3 was interested in show that the state-run taxpayer ments in Malaysia. q the opposition mainly for nega- supported station (TV1) and the tive stories about them. As the most-watched private station most watched free-to-air TV sta- (TV3) gave a much more lavish Wong Kok Keong is a tion in the country, TV3 certainly and positive coverage to the BN Malaysian lecturing in gave BN a huge outlet to bombard than the opposition. They per- communications in the the public with their propaganda, formed as BN propagandists not United States. while leaving the public largely journalists striving to be fair and with a negative view of the oppo- balanced to inform the public ad- sition. In this sense, TV3 outper- equately on the election, a major Part 2 of this article will be carried in formed TV1 in cheerleading for the pillar of democratic governance. our next issue. BN. ntv7 also carried most items about the BN, with close to 54% of all The reporter is the nerve ending of the newspaper. He’s out items and about 67% of the top 3 there for the newspaper. He’s not out there as a news agency items on BN(F) and BN(P). Its cov- person, he’s not out there as a spokesperson for the govern- erage of the opposition also did ment, or for guerrilla armies. He’s out there to say: Look – not fare any better than the other would you believe what I’ve seen today? The best way of two stations. Compared to TV3, being a reporter, the best way of writing whether it be an ntv7 carried about 8% of OPP (N) opinion piece or a news story with your own passionate feel- items (compared to 15% for TV3 ings in it, is that you’re writing a letter to a friend. You want and about 2% for TV1) and pro- the readers to be your friend, you want to convince them, so portionally about the same you write a letter to your friend, and that’s what a newspaper amount of NPR items (bear in reporter should be doing. Not writing a letter looking over his mind ntv7 did not run English shoulder at the government and press officers. bulletins on Saturdays and Sun- days). - Robert Fisk, award-winning correspondent of The Independent, UK However, ntv7 carried a significantly larger amount of BAL

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Aliran Monthly : Vol.24(5) Page 18 CULTURE & THE ARTS Let Us Enjoy Our RojakRojakRojak Songs by Dr Tan Sooi Beng

Voice (HMV) and Columbia in the 1930s. These songs incorporated topical issues including comments on poverty and problems in colonial Malayan society such as gambling, womanising and the plight of taxi drivers and trishaw men. The lyrics which were relevant and amusing became the focal point for listeners. These songs did not use the Malay pantun (as in bangsawan theatre and other Malay social songs) but were sung in colloquial Malay (pasar Malay) and incorporated English, Chinese and Tamil/ Hindustani words. The use of duets and the colloquial multilingual medium reminded audiences Rojak songs are popular among multiethnic audiences of real-life conversations.

n 17 April 2004, Deputy to show is that rojak songs have Taxi Rumba (P 13172, Che Information Minister, been in existence in Malaysia Tarminah and Piet S., HMV July OOO Zainuddin Maidin an- since the 1930s and form a tradi- 1939) is a lively comic song about nounced that the airing tion which prevails today. These the problems faced by taxi driv- of Malay songs with a sprinkling songs not only mix Malay and ers. It is performed as a duet be- of English words in the lyrics English but Hokkien, Cantonese, tween a female passenger and a would be banned. Information Tamil and Arabic words as well. male taxi driver using conversa- Ministry was following the guide- Invigorated by humour and topi- tional Malay and a sprinkling of lines given by Dewan Bahasa dan cal concerns, the rojak songs are English words. The song tells the Pustaka against the inappropri- popular among multiethnic audi- audience about how the passen- ate usage of Bahasa Malaysia ences and have played important ger takes the driver for granted which could “corrupt the national roles in mediating interethnic in- and orders him around. The en- language”. Although rescinded teraction and modernity. gine often breaks down. The taxi on 7 May 2004, the proposed ban driver is frequently stopped by has sparked off a heated debate Transition And police who takes away his license about whether rojak songs (which Modernity because his lights are not work- mix different languages) can cor- 1930s To 1950s ing properly or his number plates rupt the Malay language. have disappeared. Multilingual comic songs were My intention here is not to elabo- first recorded by gramophone Advice about moral responsibili- rate on the debates. What I wish companies such as His Master’s ties were common in the colonial

Aliran Monthly : Vol.24(5) Page 19 Taxi.....Yes Sir.....apa ini Taxi.....Yes Sir.....what is this Taxi.....Yes Mam.....isi minyak Taxi.....Yes Mam.....fill petrol Taxi.....Yes Sir.....apa lagi Taxi.....Yes Sir.....what else is happening Taxi.....Yes Mam.....engine rosak. Taxi.....Yes Mam.....engine spoilt.

Sabarlah nona, lampu tidak nyala Be patient lady, [my] lamp is not lighting Number belakang tidak ada There is no number [plate] at the back Gohedlah saja, hari sudah gelap Go ahead, the day is getting dark Jangan takut kena tangkap. Don’t wait till the rain comes.

Kena saman saya takut I am scared of getting a summon Saya khuatir lesen kena chabut. I am afraid [my] licence will be confiscated.

Text in italics is sung in English era. A song advising the audience P. Ramlee, who dominated the comic songs communicate social about the woes and consequences Malay–language film and re- concerns including comments on of excessive drinking, Yam Choi corded more than 350 songs in the poverty, corruption and even Chow (Mohd. Yatim, Nam 13, 1950s and 1960s, was also known complaints against the govern- 1950s) mixes Malay, English and for his multilingual comic songs. ment. Cantonese: In both his films and songs, he combined humour and conversa- Hang Mokhtar is a popular musi- tional Malay to portray the con- cian of the 1980s and 1990s who tradictions faced by ordinary parodies the problems of daily life My darling broke my Malays in a modernizing society. through topical comic songs. heart In Mencece Bujang Lapok (film Some of us may recall Hang Yi kar ngo mo sweetheart Bujang Lapok, 1957), P Ramlee in- Mokhtar’s Ayo-yo Sami (1987) corporates humour as he sings which addresses then Public Ngo yo lok soon badan about the hardships ku tak sehat faced by the unemployed Ngo pangkau sama Malay youths in the city. Audiences could laugh at nyamo and moksat. their own faults and out- dated customs which were common to other ethnic groups as well. (My darling broke my Everyday heart Problems Now I do not have a And Identity sweetheart Today I am ugly my body is In the post-colonial era, not fit topical comic songs pro- I sleep together with vide an arena for musi- mosquitoes and lice.) cians to explore their identities and issues of being Malaysian. These

Aliran Monthly : Vol.24(5) Page 20 Ayo-yo Samy, Ayo-yo Samy Ayo-yo Samy, Ayo-yo Samy Sekarang orang ada susah hati People are distressed at this moment Tol di sana, tol di sini [There’s] toll there, [there’s] toll here Di Penang orang suka naik feri In Penang people prefer to take the ferry.

Ayo-yo Samy, Ayo-yo Samy Ayo-yo Samy, Ayo-yo Samy Tak boleh kasi tol kurang lagi Can’t you lower the cost of tolls Hari-hari bayar tol lagi Everyday we have to pay tolls Nanti saya habis duit gaji. Soon, I will have used up all my pay.

Works Minister, Datuk Samy ing and criticism are mixed Their song, Senasib (Of the Same Vellu, and describes how people (dirojakkan) in a Malaysian mu- Fate, 1985), shows how working are being increasingly subjected sical style” (album cover Koleksi people of all ethnic groups in Ma- to the highway toll collection. Emas Rampa, 1988). Rampa laysia (such as Malay shoe mak- Sung in conversational Malay wishes to “project the lyrics” ers and Chinese and Indian street with the English words ‘toll’ and and make people “laugh while hawkers) share the same fate and ‘ferry’ inserted, the song became they think”. aspirations. They are poor; they so popular it was adopted as a theme song at the opposition Democratic Action Party’s demonstrations against tolls in the late 1980s.

Ayo-yo Samy instigated a sequel of others songs (by anonymous singers) with the same theme such as No Way Samy, Sorry La Samy and Thank You Samy (101% Gila-Gila, 1988).

Rampa (short for Rambut Panjang meaning ‘long hair’) is another prominent Malay group known for its rojak songs in the 1980s and 1990s. Rampa’s “songs are about society (and in them) elements of advice, humour, teas-

Aliran Monthly : Vol.24(5) Page 21 Ah Niu (bull in using the Malay inang dance Hokkien and rhythm. It incorporates the Malay Mandarin respec- folk song Lenggang Lenggang tively) is the nick- Kangkong. The folk song helps the name for singer- singers to remember the good times composer Tan they had together when they were Kheng Seong after young. Parts of the song are ac- his hit song about companied by hand claps com- the story of Ah monly employed in dikir barat. Lyri- Niu and Ah Hua. cal parts are accompanied by the In Speak My Lan- erhu. Because of the mixture of guage (1998), Ah Malay and Chinese elements, some Gu uses ‘broken schools have used this song to ac- rojak Malaysian company muhibbah (goodwill) English’ and dances. I speak Hokkien and Mandarin and Mandarin to ques- I like eating Wantan Mee, Instant Mee tion his Encourage And Enjoy Why do I have to speak other language[s] Malaysian iden- While I am talking to my people tity. He is edu- Rojak songs have been and are able Why do I have to speak other languge[s]. cated in the Chi- to capture multiethnic audiences nese medium- because they resonate with the Tell me please what is my culture school and Man- lives and experiences of the peo- Tell me please what should it be darin is his first ple. The multilingual colloquial Tell me please where is my future language. He asks medium is a natural translation of why he needs to the everyday language of both sing- North, South, West or East “speak other lan- ers and audiences. Singers articu- Tell me please how can it be. guages” while late the concerns and problems of “talking to his the common man. Audiences react You can laugh at me people”? In order by laughing at themselves and at But I don’t care. to communicate others around them and so experi- I [am] just looking for my ID with fellow Chi- ence a kind of cathartic therapy. So don’t blame me nese who attend For my broken Rojak Market English. national schools Zainuddin Maidin’s attempt to and who don’t ban rojak songs will not be the last speak Mandarin time a self-appointed guardian of hope they can earn enough one or other Chinese dialects, he has purity will try to do this. Even if a day so that they can marry the to use ‘broken rojak Malaysian ban is enforced, there’s no way that women they love. Indian English’. the rojak songs will disappear. This nagaswaram, bells and drums, Chi- is because they extend beyond eth- nese gongs and drums and West- The BM Boys have also tried to nic boundaries and can effectively ern electric guitars and synthesiz- articulate their modern speak of Malaysian reality and ers are used to provide the accom- Malaysian Chinese identity concerns. They mediate interethnic paniment. Hokkien and Tamil through their songs. They sing communication and challenge words are mixed with Malay in Mandarin and often use dif- ethnicism, which colours too many texts. ferent Chinese dialects such as aspects of our everyday lives. Teochew, Hokkien and Hakka. Malaysians appreciate these songs Chinese pop singers have also be- The group consciously adapts as they enjoy their rojak. q gun to use the multilingual tech- Malay words, rhythms and in- nique and the comic song genre struments in their songs. Dr Tan Sooi Beng (Ph.D) to explore issues of language and teaches ethnomusicology at identity. Ah Gu and The BM Boys Tong Nian Xiong (Song for Child- USM.USM.USM. are two such singers. Ah Gu or hood, 1995) is sung in Mandarin

Aliran Monthly : Vol.24(5) Page 22 JUSTICE

Anwar’s bail denied Federal Court Turns Its Back On Justice

here is no point in hav- refusing jurisdiction, has opted to the liberty of a person, can TTT ing a judicial and legal turn its back on a full and thor- hardly warm the hearts of TT system that the public ough examination of the substan- Malaysians. Such decision runs has no faith in. tive issues of justice in relation to counter to Malaysia’s attempt to the liberty of persons. This is all regain credibility in its justice In refusing an application by Dato the more alarming, when abun- system. Judicial independence Seri Anwar Ibrahim and Sukma dant legal principles exist to sup- does not merely mean the ab- Darmawan for stay of execution port the opposite course of action; sence of actual executive inter- of sentence and bail, ference. It also entails the Federal Court held the presence of total in- that it had no jurisdic- ner freedom to do jus- tion under Section 89 tice without thought of of the Courts of Judica- any unspoken yet per- ture Act to entertain ceived wishes of those such an application. who happen to wield Finding ambiguity in power. the wording of that provision, the Federal It has been well said, re- Court declined to give cently, that there is no it a construction that point in having a judicial would confer (rather and legal system that the than withhold) juris- public has no faith in. We diction. share this view. Cur- rently, there is so much Life and liberty being disquiet, both domesti- among the most funda- cally and internation- mental of all constitu- ally. To set the future on tional and human the right path, public rights, the Federal Court as the such as the principle that an am- confidence must first be regained. highest protector of such rights biguity in legislation should al- The majority of Malaysians may ought to be robust, proactive and ways be resolved in favour of an choose not to be vocal, but they progressive in assuming the ulti- accused. know in their hearts and minds mate responsibility of such legal when justice is, or is not, done. supervision, rather than easily re- To say that the highest court in linquishing jurisdiction. the land has appellate or super- Hj. Kuthubul Zaman Bukhari visory jurisdiction to deal with Chairman Hence, the Bar Council is deeply stay of execution in a civil dis- Bar Council disturbed that our apex court, by pute, but not when it comes to 23 May 2004

Aliran Monthly : Vol.24(5) Page 23 LABOUR Women Workers In Malaysia 1980-2004 Part II Emerging issues: Migrant workers and sex workers by Cecilia Ng

wo new challenges now ily on migrant la- demand the attention of bour. Within this TTT those in the Malaysian foreign workforce, labour and women’s women are well movements. Until now, unionists represented – a re- have, been kept busy organising sult which paral- themselves to ensure that their tra- lels a global trend ditional interests are upheld and of increasingly that actions by employers and the feminised migra- state do not continue to erode their tion – although rights. they are concentrated chiefly in views them either suspiciously or the domestic service and “enter- with contempt. This is because it Migrant Workers tainment” industries. sees migrant workers as a main obstacle to its efforts to boost Since the colonial period, migrant By being confined to their employ- wages, since the lower wages of- labour has played an important ers’ homes, however, female do- fered to migrant workers also role in the expansion of the mestic workers are made vulner- serves to depress overall wage lev- economy. Chinese and Indian im- able to additional layers of dis- els in the market. As such it has migrants, for example, were cru- crimination, and often have little been left to church groups and/ cial in the tin-mining and rubber or no recourse to justice. The law or local embassies to extend a help- planting industries respectively. has also failed to protect them ing hand to migrant workers. Chinese women in the mining in- against unscrupulous agencies, dustry were mostly relegated to and sometimes they are at the Similarly, not many women’s being dulang washers (to pan for mercy of unsympathetic police groups, progressive or otherwise, tin) while Indian women planta- and immigration officers as well. have taken up the cause of female tion workers were initially weed- This situation is particularly true migrant labour. The two that have ers before being allowed to per- of Indonesian domestic workers – Tenaganita and Women’s Aid form rubber-tapping duties. Chi- who, unlike their Filipina coun- Organisation (WAO) – usually nese migrant women also served terparts, are not protected by a come up against enormous hin- as domestic workers in the homes strong Memorandum of Under- drances ranging from an unsym- of affluent Chinese members of standing between the govern- pathetic society that has imbibed society. Young women migrants ments of Indonesia and Malaysia. all kinds of negative stereotypes also provided “sexual services” to about migrant workers to bureau- Chinese men, working in broth- The workers have few avenues to cratic red-tape. Tenaganita’s ef- els and later, in “entertainment” organise in order to defend their forts to highlight the alleged ill- outlets such as dance halls and rights. This situation is exacer- treatment and death of migrant cabarets. bated by the fact that the local la- workers in immigration detention bour movement, instead of extend- centres in Malaysia earned its di- Malaysia continues to rely heav- ing solidarity to migrant workers, rector a jail term of 12 months for

Aliran Monthly : Vol.24(5) Page 24 publishing “false news”. WAO chances of escape are slim because tal exploitation and labour has seen its shelter being raided syndicate operators keep their “flexibilisation”, state repression, by overzealous immigration offi- passports and other personal ethnic divisions, middle-class he- cials determined to discover un- documents and threaten them gemony over the women’s move- documented migrant workers, with police action. The public per- ment, and a weakened labour and it has been falsely accused as ception of foreign sex workers is, movement. Several attempts to in- an NGO with Christian proselyt- however, very different to this re- ject women workers’ issues into ising intentions. ality. the overall concern of the women’s movement were not success- The lack of support shown by For example, in trying to account fully sustained. women’s groups as a whole to fe- for the lack of regulation of the sex male migrant domestic workers sector by the Selangor govern- In addition, management’s ma- can perhaps be attributed to the ment, the Menteri Besar (Chief Min- nipulation of human relations fact that the predominantly mid- ister) blamed these women for tactics has also become more so- dle-class women’s movement has choosing to put themselves in this phisticated through the appro- not reconciled the role it also situation so that they could make priation of concepts such as plays in denying these workers quick money for a night’s work. “empowerment” to inject a their rights. Put differently, since Likewise, another national leader sense of pride, loyalty and be- many in women’s groups are de- instructed Malaysian women to longing among workers. Man- pendent on migrant domestic la- “put on more lipstick and try not agement goes to great lengths to bour, there may be a conflict of in- to put on weight” to dissuade cushion workers from the influ- terest in fighting for domestic their husbands from frequenting ence of trade unionism, by sub- workers to be better remunerated. sex workers (Malay Mail July 30, stituting their own version of 2003 “Women are not sex objects, worker’s associational interests, Sex Workers say NGOs”). through the formation of in- house unions and social activi- Possibly the category of workers Some women’s groups have ties organised under company that has been most neglected by started to take up the issue of sex rubric. While “traditional” la- the local labour and women’s workers’ rights, which is a lot bour issues remain unresolved, movements are those involved in more than labour organisations new challenges have emerged in prostitution. have done. However, compared to the form of concerns that mi- organisations like Pink Triangle, grant workers and sex workers As it stands local women in the an NGO that dealt with HIV/ face. Sadly, neither of these has sex sector are already poorly pro- AIDS and sexuality issues and been adequately taken up by the tected, with police harassment ran a successful programme for government or by civil society and raids of brothels being a com- sex workers in the 1990s, they still groups. q mon occurrence. In the age of have a long way to go. Certainly, HIV/AIDS, they are unprotected as with many other issues around from this pandemic unless they women’s sexuality, sex work re- (Dr Cecilia Ng isDirector are aware of the repercussions mains a thorny concern for of the Women’s Develop- and are, at the same time, able to women activists, and one which ment Collective (WDC) convince their clients to practise most would prefer to avoid than and a member of All safe sex. openly confront and debate. Un- Women’s Action Society til such time that happens, the (AWAM). She would like While current laws do little to pro- women in this sector will be forced to thank Maznah tect local sex workers, the plight to suffer the repercussions of en- to thank Maznah of foreign women in prostitution trenched prejudice and exploita- Mohamad and Tan Beng is infinitely worse. Apart from tion. Hui for their contribution suffering similar problems as to this article. their local counterparts, a number Conclusion of women are victims of traffick- ing syndicates as news reports The potential of women workers indicate. Many are duped into to fight for their rights has been Part one of this article was published coming here; upon arrival, their stifled by the combination of capi- in AM Vol.24(4).

Aliran Monthly : Vol.24(5) Page 25 MIGRANT WORKERS Looking Beyond The Torture Of Nirmala Bonat Deeper systemic problems lie behind the abuse of migrant workers

ecent press reports have against their employers. Migrant dix II for concrete examples) RR brought to light the sad workers who make complaints RRR and painful incidents of against their employers are sub- Selective Enforcement the abuse and torture of ject to various forms of abuses in- migrant workers in our country. cluding verbal and physical The enforcement of existing laws The Malaysian image of a caring threats by employers. This again and policies by relevant authori- nation was shattered when pic- causes workers to live under se- ties such as the Immigration De- tures of abused Indonesian do- vere stress and fear. We have seen partment, the Industrial Relations mestic helpers were splashed in many cases where workers are Department and the Police De- major newspapers. The news re- immediately terminated and re- partment are often enforced selec- ports subsequently drew a bar- patriated back to their home coun- tively – often to the complete det- rage of reaction from disgusted try where they are laden with riment of migrant workers. The and angry Malaysians who could huge debts, shame and misery. disparity is clear when this en- not stomach the fact that members Therefore, workers put up with the forcement is judged from the of our community could commit abuses and torture rather than re- standpoint of speed and preci- such cruel acts. turning to their countries empty sion. Laws and policies are en- handed. forced with great speed and effi- Abuse ciency when migrant workers vio- Not Something New The system that we practice in late these laws but the situation is Malaysia has put migrant work- different when employers do the Although the incident drew many ers are at complete disadvantage same. (Please see examples in Appen- reactions of shock and disbelief, as far as seeking justice is con- dix III) we want to highlight the fact that. cerned. Domestic workers are at a It is also important to note that the bigger disadvantage as they are All the above situations pointed abuses are not just confined to not even considered “workers” out, have brought about an envi- physical abuses. Some migrant and as such do not fall under the ronment where employers have workers endure terrible mental provisions of the Employment Act. come to feel they have some un- torture and live in crippling fear spoken ‘immunity’. Hence, mi- of their employers. (Please see Ap- Defective Laws grant workers are virtually at the pendix I for examples of abuses on And Policies mercy of their employers who are migrant workers) confident they would be able to Malaysian laws and policies (and get away with almost anything at Migrant Workers the lack of them) in Malaysia do all. The employers are also fully Disadvantaged not adequately protect migrant aware that even if the matter is workers. The few provisions in the brought to the attention of the au- We would also like to draw atten- Employment Act that do protect thorities i.e. the industrial court or tion to the fact that it is not to the migrant workers are either en- civil court, the immigration poli- advantage of the migrant workers forced ineffectively or in some cies in Malaysia would make it to lodge complaints or reports cases not at all. (Please see Appen- almost impossible for the migrant

Aliran Monthly : Vol.24(5) Page 26 worker to successfully seek re- • Ensure that relevant authori- have reason to believe the migrant dress without first either running ties stop all harassment of mi- workers in their work place are out of money or time – both of grant workers by the authori- being abused, to bring these cases which is completely controlled the ties immediately. to our attention. All calls will be policies stipulated by the Immi- • Set minimum work and living treated as confidential. These com- gration Department! (Please see environment standards that plaints can be lodged at our cen- paragraph 3 of Appendix II) employers must adhere to. To tres (see address/contact num- achieve this effectively, the bers below). We will forward these The sole reason, Nirmala Bonat Government must ratify the In- complaints to the authorities and received so much attention and ternational Convention on the ensure they are acted upon. We quick redress was because the se- Protection of the Rights of all will also make public the com- verity of her injuries warranted Migrant Workers and Mem- plaints as well as the outcome of front-page play-up in all local bers of their Families, which the investigations by the relevant newspapers. The resulting public was adopted by the UN Gen- authorities. q outcry prompted the Malaysian eral Assembly in 1990, and authorities to swing into action. ensure its full implementation. Migrant Workers Support Centre This goes to show that Malaysia • Recognise Domestic Helpers (MWSC)(MWSC)(MWSC) can administer justice swiftly and as workers and grant them all Tel/Fax: 04 3236787 effectively—when it chooses to do the rights that come with that Email: [email protected] so. It is pertinent to note that many status. Contact: Ms Ruth Mary cases go unreported in the media. These migrant workers are not We also would like to invite all Penang Office for Human Devel- granted the privilege of swift jus- migrant workers who have been opmentopmentopment tice that Nirmala Bonat received abused to bravely step forward Tel: 04 2273405 Fax: 04 2283870 from the Malaysian authorities. and expose your employers. We Email: [email protected] also urge local employees who Contact: Mr Joachim Xavier We therefore call on the government: Appendix I: Types of Abuses mestic helpers are sometimes • Grant swift justice to migrant Endured by Migrant Workers not given proper rooms of their workers seeking justice and own. These conditions promote protection. Employers who • Wages to workers are not diseases among the workers break the law must be made paid as per the contract even causing them more miseries. accountable. Laws and poli- after they have fulfilled all the Some have died under such cies that impede or delay this contact terms. Migrant work- conditions. process (as illustrated in the ers spend a lot of money to examples) must be either come to this country. Wages • Frequent Occupational amended or removed alto- earned are often used to pay Health and Industrial Acci- gether. up loans which they have se- dents that injure workers se- • Ensure that enforcement bod- cured and to feed their fami- verely. Migrant workers are ies such as the Immigration lies back home. When employ- rarely compensated but are in- Department, the Industrial ers do not pay wages, workers stead sent back immediately to Court and the Police Force to suffer untold anguish. their country of origin shatter- ing all their dreams and hope enforce the law without bias. • Housing facilities that are for a better future. This enforcement must be car- not fit for human beings to live ried out swiftly and impar- in. Migrant workers are often • Constant harassment by au- tially against employers who forced to live in cramped, dirty thorities such as the Police and flout the law. The authorities and badly furnished shacks Immigration during ‘operasi’ must not wait till there is pub- or are crowded into houses further aggravates their situa- lic outrage to swing into ac- meant for a single family. Do- tion. tion.

Aliran Monthly : Vol.24(5) Page 27 Burmese workers crammed into containers Appendix III: Selective Enforcement

Appendix II: Inadequate/ • The Immigration Department is amazingly effi- Defective Laws and Policies cient and fast when Employers apply for Check- Out Memos (which allow the employers to deport • Employers are not required to abide by any mini- workers back to their countries) but are extremely mum standards except in cases where MOUs are ineffective and slow in determining if the Check- signed with certain countries. Even then, there is Out Memo application is justified. no mechanism whatsoever to ensure these minimum standards are complied with. Many domes- • The Police and Immigration are also very fast tic helpers are not granted any off days by the em- and efficient when it comes to swooping down on ployers. The manufacturing sector and construc- migrant workers at every corner but are extremely tion sectors often provide deplorable living condi- slow and ineffective when investigating and ap- tions for their migrant workers. prehending Employers who have committed gross injustices against their migrant employees. • Agents are allowed to reign free in Malaysia capitalising on a lucrative business that does not • The justice system in Malaysia detains and pun- in any way make them accountable for their care- ishes swiftly and severely migrant workers who lessness and irresponsibility. Except for a very small are in violation of their contract (i.e. not being able minority, agents often wash their hands off as soon to produce their travel papers on demand). Caning as the workers are ‘delivered’ to the employers. and deportation are some examples of brutal and painful punishment. But the same justice system • Immigration policies that do not allow workers does not hold employers responsible for their mis- to stay in the country in the event they are termi- conduct as swiftly. Often it takes up to four years nated indiscriminately by their employers. Migrant before justice is restored to the workers whether workers are required to secure ‘Special Passes’ at a through the civil courts or the Industrial Court. Im- hefty cost ofRM100 if they want to stay and seek migration policies do not allow for such an ex- justice from their employers. Even, so the Special tended stay in the country. passes are valid for only 1 month after which workers are required to ‘renew’ it. Renewal is not guar- • It has been brought to our attention that migrant anteed and is at the discretion of the Director Gen- workers have often been subjected to extortion by eral of Immigration. To make matters even harder enforcement personnel. Enforcement personnel for the workers, they are not allowed to work while have also been known to take the employers’ side holding the Special Passes. So how are the workers in coercing workers to comply with unfair terms of to survive in this country, pay for their Special employment. These allegations of extortion and Passes and at the same time seek redress for the gross misconduct by enforcement personnel must injustice committed to them within a month? be investigated.

Aliran Monthly : Vol.24(5) Page 28 standing the 2004 Election Re- sults”, instead of the usual propaganda spewed by the mainstream press.

For 64% of the votes, the BN gets 90% of the seats: it shows how inequitable our present system is. I wish to add that the choice of Prime Minister and Deputy Prime Minister, is left to 2,000 delegates of UMNO who decides who shall be their President and Deputy President - who invariably become the PM and the DPM.

The PM in turn will decide who Letters must not exceed 250 words and must include the writer's name and address. Pseudonyms may be used. Send letters to : Editor, ALIRAN MONTHLY, 103, Medan Penaga, 11600 Penang, Malaysia or e-mail to : [email protected] Views expressed need not reflect those of Aliran. If you are sending by e-mail please include your message in the e-mail body itself. We do not open attachments to avoid viruses.

Where Is British rule in Malaya is included Chin Peng Now? in one episode. The Baling talks are shown in old newsreel films. Do you know where Chin Peng is living now, and how old is he? I agree that Chin Peng should now be considered as a freedom fighter I have just finished watching a against British rule and be con- 1980s British TV series called sidered as a Malaysian national “End of Empire” and the end of hero.

Communism, although now discredited, did play a useful role in removing imperialist regimes which unfairly exploited the masses of occupied countries.

Peter Crush Citizens Must Have A Say In Who Becomes PM And DPM

It is always refreshing to read a more objective analysis of our recent elections AM 22 (4): “Under-

Aliran Monthly : Vol.24(5) Page 29 shall be Ministers and even who The reason: we have suffered so Minn Kyaw has actively pro- should be President of the various much. Enough is enough! moted democracy in Myanmar. component parties. In other According to media reports, he words, even non-UMNO coalition Sad to say, he just can’t leave but was abducted on his way to a members, let alone the general made his way back to protect Pro- press conference convened by public, cannot choose who shall ton cars. Come on, have a bit of Khun Nyint. Minn Kyaw says that be the PM and the DPM. fair play. It’s ridiculous to pay so those who arrested him claimed much for a Malaysian car. to be from the Malaysian Special On top of this, the top two posi- Branch of the Royal Malaysian tions in UMNO are often decided Raja kampong Police, and included at least one by so-called consensus rather Burmese. than by election to avoid splits in Aliran Should Provide the party. Solutions Too The United Nations High Com- mission for Refugees (UNHCR) The present situation, the fact that I’ve been following Aliran news has awarded Minn Kyaw refugee both the President and the Deputy for quite some time and I find it status, which is unrecognised by President are actually “acting” in very good in terms of the issues the Malaysian authorities. their positions, has made the call raised. However, issues raised by for no challenges for the top two Aliran are not followed by solu- Although the Special Branch positions even more undemo- tions from Aliran. Well, if they are, has denied any knowledge of the cratic. they are not that practical on a abduction, the Centre for Inde- nationwide basis. pendent Journalism calls upon We are often told that party mat- the Malaysian Government and ters should be left to members only. I just want to express my disap- the Royal Commission estab- But in our case, the positions of pointment in this and I hope my lished to look into abuses of po- PM, DPM, Ministers and so on are comment can be used to improve lice powers to investigate claims actually decided by UMNO alone Aliran. I hope to see more in of police involvement in this ab- - and this means their selection Aliran! duction. system will be and should be subject to comments and criticisms by Keep up the good work. While the abduction and others. initimidation of any person is Kamal abhorrent, the repercussions of Citizen these tactics against journalists Investigate Abduction are far-reaching. Silencing jour- Mahathir Back To Of Burmese Journalist nalists, intimidating them into Protect Proton In Malaysia blocking the channels of communication further intensifies I still remembered The Centre for Inde- the isolation and vulnerability when the days were pendent Journalism of already vulnerable groups, drawing near for (CIJ) is highly con- such as the Burmese refugees former premier Dr cerned about the 12- and migrant workers in Malay- Mahathir to leave, hour abduction of sia. radio stations were Burmese journalist airing praises and Minn Kyaw. His ab- CIJ also supports Minn Kyaw in poems from many duction took place his attempt to seek assistance from Malaysians who just prior to the arrival both the Malaysian Human Rights were feeling so sad of Burmese Prime Commission (Suhakam) and the that he was leaving. Minister Khun Nyint, UNHCR. Some even cried. But I was the one effectively preventing him from who prayed that he would leave doing his job and interviewing the Sonia Randhawa and let someone else take over. premier. Centre for Independent Journalism

Aliran Monthly : Vol.24(5) Page 30 BOOK REVIEW Watch What They Say! by Dr Shakila Manan

Sandra Silberstein, War of Words 11 speeches shows – Language, Politics and 9/11,,, how certain features London and New York, of his language, spe- Routledge, 2002, 172 pages. cifically the use of RM110RM110RM110 pronouns, grammar and ‘speech acts’, were meant to con- Scholarly books on the role of lan- struct America as a guage in constructing national ‘united nation’ identities are typically written in headed by a ‘firm’ language accessible only to those and ‘reassuring’ who possess background knowl- President who was edge of linguistics and textual ‘in control’ of the analysis. situation.

War of Words is a welcome excep- Bush’s speeches tion. The book demonstrates how used ‘war rhetoric’ language was deployed by the marked by selective Bush administration and the reporting. They American media, after September sought to demonise 11, to ‘manufacture consensus’ the enemy and to si- among Americans and re-invent lence dissident a national identity to support an voices while garner- all-out ‘war against terror’. ing support for in- vading and occupying Afghani- Remembrance’, Bush spoke at the Vilify, Justify stan. To justify the bombing of Af- National Cathedral before visiting ghanistan, by linking the Taliban the site of the destroyed World Sandra Silberstein cleverly probes with Al-Qaeda, for example, Trade Center. Silberstein demon- the ‘underside of patriotic rheto- Bush’s selective reporting sup- strates how the media framed this ric’ to reveal the use of written, oral pressed vital details, including ‘national event’. and visual language to construct other reasons for war such as the a nation in crisis, and to vilify the conduct of the war to fortify and With carefully chosen visuals, enemy, in order to justify the consolidate America’s global su- subtitles and commentaries, the USA’s aggressive stand on terror- premacy. national and local television net- ism. This strategy, Silberstein suc- works conflated various political, cinctly argues, is crucial for those Framing military, religious and cultural in power and for the media who Remembrance spheres to boost Bush’s satus as seek to foster national unity in a President and Commander-in- time of shock and grief. Silverstein gives an illuminating Chief, and endorse his future poli- analysis of Bush’s address to the cies. Silverstein’s detailed analysis of nation on 14 September 2004. On President Bush’s post-September this ‘National Day of Prayer and For the rest of the world, the event

Aliran Monthly : Vol.24(5) Page 31 was to be a signal of the ‘together- ness of Americans’ fervently pray- ing for unity and peace, despite their differences of creed and colour.

Survivors And spectators

Silverstein’s narrative analysis of the media’s portrayal of the Sep- tember 11 survivors’ identities and stories deftly dissects the media’s ‘televisual displays of nation’ that constructed a ‘collective cil of America, USA’s ‘national Not surprisingly, the overall cur- identity’ binding viewers to sur- propaganda organ’, in tailment of freedom of speech was vivors. Silverstein’s words, used adver- useful to the media’s ‘schooling tisements to forge solidarity in the America’ about Islam. Silverstein Hence, ‘news’ and ‘entertain- melting-pot society by invoking exposes an ABC newscaster’s ment’ converged in a ‘media spec- cherished values such as ‘toler- tactless deployment of military tacle’ of survivors’ harrowing ac- ance’, ‘diversity’, ‘unity’, and ‘pa- and minefield metaphors in his counts and and other people’s triotism’. Thus the repeated ped- descriptions of Islam and Muslim personal responses. dling of such slogans as: ‘I am an nations. American’, ‘Americans stand In technical terms, newscasters united’, and ‘Proud to be Ameri- Rather than create an informed used certain descriptors and rhe- can’. These advertisements, borne understanding of Islam and Mus- torical devices to achieve this ef- by shopping bags, postage stamps lims, such descriptions strength- fect while avoiding a critical and and flags, in fact conjoined ‘patri- ened stereotypes of Islam as a dan- comprehensive coverage of Sep- otism’ to ‘consumerism’. gerous religion and the Muslim tember 11. world as a menace. Although a One of Silverstein’s most impor- CNN documentary tried to lessen In the process, the media made tant analyses focuses on a report the false impressions, the media New York ‘America’ and its issued by the conservative Ameri- generally devoted much time to mayor, Rudy Giuliani, ‘America’s can Council of Trustees and the pitfalls and dangers of (Is- mayor’. New York was trans- Alumni (ACTA) established in lamic) extremism. formed into a ‘national symbolic 1995 by Lynne Cheney, the Vice site’, while the attack on the Twin President’s wife. The ACTA’s re- Silverstein’s book will repay a Towers became ‘The Attack on port targetted people in academia careful reading, not least for a America’. To that degree, even for- and among the literati who were reader with no prior training in eigners who perished were New accused of wanting to adopt a linguistics but a healthily scepti- Yorkers and thus Americans, ‘blame America first’ attitude. cal attitude towards the ‘war of while Guiliani, a mayor with a words’ that was the prelude to the blemished past, was reinvented as Silverstein is correct in labelling invasion of Iraq by the so-called a hero whose paternal role dur- the ACTA’s move as a witchhunt ‘Coalition of the Willing’. q ing the crisis was balm to shat- to intimidate critics of American tered psyches. policy. By separating the critics from ‘mainstream America’, the Selling And Silencing ACTA’s action, in tandem with Shakila Manan is a lecturer emerging legislation, notably the at Universiti Sains Malay- Advertising, too, had its day in Patriot Act, ’ was a clear attempt siasiasia ‘selling America’. The Ad Coun- to stifle dissent.

Aliran Monthly : Vol.24(5) Page 32 RELIGION

Abdul Ghaffar Khan: Apostle of Islamic Non-Violence by Thomas Michel, S.J.

n 20 January 1988, tion, and religious harmony were killings, torture and destruction of Abdul Ghaffar Khan, seen as a threat by the British raj members’ homes and fields. An OOO one of the 20th Century’s as well as by some local politi- historian notes: “The British great proponents of non- cians, religious leaders and land- treated Ghaffar Khan and his violent change, died at the age of lords, and Abdul Ghaffar sur- movement with a barbarity that 98 and was buried in Jalalabad, vived two assassination attempts they did not often inflict on other Afghanistan. His funeral was the and more than 30 years of impris- adherents of nonviolence in India. occasion of the first visit of an In- onment. `The brutes must be ruled brutally dian Prime Minister to Pakistan and by brutes,’ stated a 1930 Brit- in three decades and also occa- One historian describes Abdul ish report on the Pashtuns. sioned a temporary cease-fire ob- Ghaffar’s movement as follows: (Amitabh Pal, “A Pacifist Uncov- served both by Soviet and ered,” The Progressive, February, mujahidin forces in Afghanistan, “The fullest practical expression 2002. in order to allow free acess to his of Gandhism anywhere in India burial. Three years before his appeared among the Afghan Abdul Ghaffar spent fifteen of death, Abdul Ghaffar told an in- tribes along the northwest fron- those years in prison, often in soli- terviewer, “For today’s children tier, under the leadership of Abdul tary confinement, but the Pathans and the world, my thoughts are Ghaffar Khan. Noted for their refused to give up their disciplined that only if they accept nonvio- feuding and raiding, these tribes- nonviolence even in the face of se- lence can they escape destruction, men were won to an active and vere repression. In the worst inci- and live a life of peace. If this almost universal programme of dent, the British killed over 200 doesn’t happen, then the world social self-reform. Feuding was Khidmatgar members in will be in ruins.” stopped, discipline was imposed Peshawar on 23 April 1930. An under the name of Service of God historian has decribed the day: Abdul Ghaffar was a Pathan, born (Khuda-i-khidmat) ... When na- in the Northwest Frontier Prov- tionalist campaigns for inde- “When those in front fell down ince of British India. In 1929, he pendence were launched, the wounded by the shots, those be- founded a nonviolent movement Khudai-khidmatgars gave effec- hind came forward with breasts called the Khuda-i Khidmatgar, tive and faithful support. At all bared and exposed themselves to “the Servants of God.” The move- times they remained firmly non- the fire. The people stood their ment, when eventually enrolled violent. Qur’anic encouragement ground without getting into a over 100,000 Pashtun (Pathan) of forgiveness as better than re- panic. This continued from 11.00 followers, was dedicated to social venge became the foundation of a until 5.00 pm. The carnage reform and to put an end by non- highly Muslim interpretation of stopped only because a regiment violent means to British rule in the Gandhi’s ideas.” (Marshall of Indian soldiers finally refused still undivided India. He was a Hodgson, The Venture of Islam, to continue firing on unarmed close associate of Gandhi for III: 344.) protesters, an impertinence for many years until the latter’s as- which they were severely pun- sassination and is still remem- In the 1930s and 1940s, the Brit- ished.” (Gene Sharp, The Politics bered today in India as “Frontier ish army tried to crush the of Nonviolent Action, 1973.) Gandhi.” His calls for social Khidmatgar movement with exchange, equitable land distribu- treme brutality, employing mass Another scholar notes that Abdul

Aliran Monthly : Vol.24(5) Page 33 Ghaffar’s commitment to non- 10,000 Khidmatgar members ac- • I promise to refrain from anti- violence was even more sweeping tively helped protect their lives social customs and practices. than that of Gandhi’s Indian Na- and property. When communal tional Congress. It also differed riots broke in Bihar in 1946-1947, • I promise to live a simple life, from that of the Congress in that Khan toured with Gandhi to bring to practice virtue, and to re- the movement had “first of all, a about peace. “Although the char- frain from evil. religious basis ... It took as its ob- acter of the movement was in- jective both local socioeconomic tensely Islamic ... one of the objec- • I promise to practice good reform and political independ- tives of the organisation was the manners and good behaviour ence ... Its adoption of nonviolence promotion of Hindu-Muslim and not to lead a life of idle- was more thorough than that of unity,” Bondurant observes. ness. the Indian National Congress in- asmuch as the Khudai Mukulika Banerjee, lecturer in • I promise to devote at least two Khidmatgar pledged themselves anthropology at University Col- hours a day to social work. to nonviolence not only as a lege London, spent months with policy, but as a creed, a way of Khan’s family and interviewed The significance of Abdul Ghaffar life.” (Joan Bondurant Conquest 70 Khidmatgar members. She Khan in the recent history of peace of Violence: The Gandhian Phi- reports that while people ini- activism is his intuition of the im- losophy of Conflict, 1988). tially joined the organisation portance of discipline in peace- due to Abdul Ghaffar’s cha- makers. Working for peace and Abdul Ghaffar’s nonviolent activ- risma, later on it is the excite- building peace run counter to ism was firmly rooted in his un- ment of becoming part of some- many natural impulses. When derstanding of Islam, which he thing larger than themselves. one is a victim of oppression, the summarized in the key words Their commitment to nonvio- normal human instinct is to fight mahabba (love), `amal (service), lence was stronger than their back, to respond to violence with and yakin (certitude, faith). He in- allegiance to Khan. In 1938, more of the same. Forgiveness terpreted Islam as a moral code Gandhi asked some members of does not come easy, nor does pa- with pacifism at its center. He the movement if they would take tience, nor does the kind of for- once related to Gandhi a discus- up violence if Ghaffar Khan or- bearance that places long-term sion he had with a Punjabi Mus- dered them to, they replied em- goals ahead of immediate, spon- lim who didn’t see the nonviolent phatically, “No!” taneous reactions. In his Islamic core of Islam: “I cited chapter and faith, Abdul Ghaffar and the verse from the Qur’an to show the The principles of the Khuda-i Khidmatgars found the basis for great emphasis that Islam had Khidmat are well-expressed in the self-discipline which enabled laid on peace, which is its corner- oath taken by new members of them to be strong, patient and for- stone, and I showed him how the Khudai-Khidmat: bearing even in the face of brutal greatest figures in Islamic history violence. q were known more for their forbear- • I am a Servant of God: as God ance and self-restraint than for needs no service, serving his their fierceness.” creation is serving Him. Dr. Thomas Michel, S.J. Abdul Ghaffar’s daughter-in-law, • I promise to serve humanity in is the Secretary of the Begum Nasim Wali Khan, was the name of God. Jesuit, Secretariat for interviewed shortly after his Interreligious Dialogue death. “He told people that Islam • I promise to refrain from vio- in Rome, Italy, and Ecu- operates on a simple principle — lence and from taking revenge. menical Secretary for never hurt anyone by tongue, by the Federation of Asian gun, by hand. Not to lie, steal, and • I promise to forgive those who Bishops’ Conferences. harm is true Islam,” she said. Al- oppress me or treat me with He is also a member of though firmly based on the prin- cruelty. ciples of Islam, the movement was the JUST International nonsectarian. When Hindus and • I promise to treat every Pathan Advisory Panel (IAP). Sikhs were attacked in Peshawar, as my brother and friend.

Aliran Monthly : Vol.24(5) Page 34 INTERNATIONAL Singh On A Tightrope Can the Congress please its allies and also keep India Inc. happy? by Partha Chatterjee

t is no longer fashionable business lobby, the supreme to talk about class. But leader was like Caesar – standing III without taking into ac- above all particular interests, rep- count the changing rela- resenting the party as a whole tions between social classes in In- and, in the days when the Con- dia in recent times, I believe it is gress was the ruling party, claim- impossible to understand the ing to represent the nation itself. larger picture behind the recent Even though it produced an auto- elections. Until the Eighties, it was cratic decision-making structure widely accepted that the capital- within the party and a culture of ist class in the cities shared power fawning sycophancy, the with the dominant land-owning Caesarist leadership was crucial classes in the countryside. for the Congress to play its role as the political body managing the Dominant Classes contradictory interests of the three dominant classes and steering Some analysts included the pro- their agenda through the treach- a combination of policies that fessional and salaried upper- erous terrain of electoral democ- would keep all of them happy? middle class as a third element racy. Turn To within this coalition of ruling classes. This structure fell into crisis after Neo-Liberalism 1989. Since then, the Congress has Apparently, there was a sea They shared power within the fed- never secured a majority in par- change in the balance of social eral structure of the Indian state – liament. Between 1991 and 1996, forces in India in the Nineties. capitalists had more influence it ruled as a minority government. Manmohan Singh, taking over in over the Central government, the In 1996, it got a mere 140 seats in 1991 as finance minister of the rural landlords over the state gov- the Lok Sabha, slipping down minority Congress government ernments. They also shared even further in 1999. As a party against the backdrop of an acute power by virtue of the ability of capable of ruling on behalf of the foreign exchange crisis, initiated the ruling Congress party to make dominant classes, the Congress the process of structural reforms complex, and often shifting, alli- seemed to have lost all credibility. of the economy by telling parlia- ances between different social In 1999, the Bharatiya Janata ment: ‘We have to accept this. groups and classes at local, state Party successfully staked its claim There is no alternative.’ Govern- and national levels. An important to this role by devising a series of ment controls were gradually re- mechanism here was the position alliances. Even though it had only moved; the economy was opened of the supreme leader – 182 seats, it managed to secure up to foreign goods, capital and Jawaharlal Nehru, Indira Gandhi enough allies to command a ma- services. Not all sections of Indian and Rajiv Gandhi. While indi- jority in parliament. But how was capitalists were initially enthusi- vidual Congress leaders were of- it able to hold together and act on astic about foreign competition. ten identified with this or that behalf of the dominant class coa- But the neo-liberal economic doc- caste group or local interest or lition? How could it put together trine was now globally ascend-

Aliran Monthly : Vol.24(5) Page 35 ant. Buoyed by the rising tide of the new consumer economy, the print and visual media assidu- ously purveyed the message that rapid growth was the panacea for all social ills: get the annual growth rate to seven or eight per cent and poverty will vanish, in- equalities will be reduced, every- one will have a chance to get rich and, who knows, people might even forget to hate their caste or communal rivals. Running a coalition government in the last five years, the BJP settled perfectly into the rhythm of this game. Those in charge of the economic ministries be known. But what they ap- little change, while a significant deregulated and privatised with peared to be saying was virtually section among the very poor the zeal of revolutionaries. Some- this: that they didn’t care a hoot thought things had got worse. times they would come up against whether the prime minister was More specifically, in Andhra opposition from their coalition responsible to parliament, but that Pradesh, showcased in the media partners and, on a few occasions, he or she had better be responsi- as a model of the marriage of the from within their own party. When ble to the Bombay Stock Exchange! new economy with new govern- this happened, they would sim- ance, farmers overwhelmingly ply ‘roll back’ the decision, wait- A Verdict blamed the Naidu government for ing for a more opportune moment Against BJP lack of irrigation and unremunera- in the future. tive crop prices and demanded What do the results show? It is free electricity. There is little evi- The Indian capitalist class, espe- hard to insist that there is now a dence to show that economic re- cially in the last five years, has mandate for the Congress. In fact, form, much flaunted by the BJP in been lulled into the belief that it the Congress now has the same its campaign, is electorally popu- does not need to share power with number of seats in the Lok Sabha lar – not even in the metropolitan anyone. It has persuaded itself as it did in 1996 when the United cities where the BJP and its allies that what is good for capital is Front formed a government with were routed. good for the nation. But it appears Congress support. True, this time to have forgotten that the national there was a pre-poll Congress al- The question has now begun to good is not an objective truth dem- liance that has secured 217 seats, be whispered: can a rapid growth onstrated in textbooks of econom- but even that alliance cannot rule rate be sustained in this political ics; it has to be produced in the without support from at least the climate, or will the capitalist class real world through an actual po- Left Front. So rather than a man- have to make compromises with litical process. Capitalists and date for anything, the national- farmers and the government-de- their spokesmen have reacted to level results can only be inter- pendent middle class? Sonia Gan- the recent elections not merely preted as a verdict against the BJP. dhi as prime minister would have with shock; they seem to think that been an unsettling reminder of the results are a scandal. The The post-election survey carried Indira Gandhi’s Congress and its crash in the stock market was out by Centre for the Study of De- soap-opera populism. With their way of announcing what veloping Societies (published in Manmohan Singh at the helm, they expected from the next gov- The Hindu, May 20, 2004) shows business circles are hoping that ernment. Whether the crash was that it is only among the middle somehow he will keep charging manipulated by a few or whether classes that there is an articulate ahead, regardless of Laloo Prasad it was the spontaneous instinct of feeling that conditions had improved in the last five years. All the herd of gamblers who inhabit Continued on page 37 Dalal Street will probably never other groups felt there had been

Aliran Monthly : Vol.24(5) Page 36 Continued from page 36

Yadav, Ram Vilas Paswan or the left. But the Congress refuses to think of life without Caesar. It has made an astounding constitutional innovation by electing Sonia Gandhi as chairperson of its parliamentary party and au- thorising her to nominate the leader of the parliamentary party. It sounds as though the prime minister of the country will hold office at the pleasure of Sonia Gandhi who is, of course, formally speaking, just another member of A record of Aliran'sAliran'sAliran's stand on current affairs. parliament.

Suhakam Report: for the sole purpose of giving seri- So the old structure is back in What’s The Problem, ous attention to rectify abuses and place. Only this time, it is a coali- Nazri? violations of human rights? It is tion government – something the only when Suhakam’s report is Congress has never handled. In- Aliran is disturbed to read the debated and their recommenda- side the alliance, members from Minister in the Prime Minister’s tions considered that the perpe- Andhra Pradesh and Tamil Nadu Department, Datuk Seri Nazri trators of such violations come will push relentlessly for conces- Abdul Aziz, stating that into the full glare of parliamentary sions to farmers. Outside, all “Suhakam’s report was never scrutiny. This is an effective way across Uttar Pradesh and Bihar, meant to be debated in Parlia- to curb such human rights viola- the backward and oppressed sec- ment.” This is indeed shocking. tions. tions have coalesced into a social (Malaysiakini, 26 May 2004) bloc whose self-identity is deep If this is not the purpose and in- and sustained – this solidarity Does Nazri realise that Suhakam tention of Parliament in setting up can last a generation or more. The is the creation of Parliament? Is Suhakam, then, Nazri, tell us sim- same has happened in neighbour- he aware that it is a legislative re- ply why was Suhakam set up? ing West Bengal among the rural quirement for Suhakam to submit poor. These are constituencies the annual reports to Parliament? What is indeed the problem in ta- Congress will ignore at its peril. bling and debating this report? So can it keep India Incorporated Nazri must answer truthfully: We call ourselves a democracy happy? what was the purpose in enact- and in keeping with the demo- ing an Act to set up the Human cratic tradition we must be trans- The stock markets, I suspect, have Rights Commission of Malaysia? parent and accountable. been kept in readiness to crash at Was it done honestly as a matter the first slip-up. of concern to address and moni- We rightly condemn the USA (with q tor human rights abuses and vio- regard to Abu Ghraib) and Israel lations in Malaysia? Or was it set (with regard to the atrocities in the up as a show-piece to placate the occupied territories) for their lack The author is director and international community that of transparency and accountabil- professor of political sci- Malaysia is really addressing hu- ity. Shouldn’t our conduct be ence, Centre for Studies in man rights grievances? above those we criticise? Social Sciences, Calcutta.

Why did Parliament entrust P Ramakrishnan Suhakam with the task of submit- President Source:Source:Source: ting an annual report? Was it not 28 May 2004 The Telegraph, 23 May 2004

Aliran Monthly : Vol.24(5) Page 37 SOMETHING'S BREWING IN KL Continued from page 40

When Tan Sri Syed Agil retired he was replaced by Tan Sri Hashim Yeop Sani. After Tun Salleh Abas was suspended, Tan Sri Wan Sulaiman became the presiding judge and the other members were Tan Sri Hashim Yeop Sani and Datuk Harun Hashim.

For some unknown reasons, Tan Sri Hashim Yeop Sani was unable to go to Kota Baru in July 1988 and the acting Lord President had asked me to take his place — not- Dato Harun (left) relayed Tan Sri Hamid's message to Datuk George Seah (right). withstanding that I had just returned from sitting in the Borneo States and three judges of the Su- (3) Every order so made may be dis- Justice of the High Court in preme Court were available at charged or varied by the Full Borneo, on duty in the Tribu- that point in time. Court. nal to consider the charges against Tun Salleh Abas Why Did They During the time when I was a • Tan Sri Wan Sulaiman in Kota Want Me Out Of KL? Judge of the Supreme Court from Baru 1983 to 1988, I had occasions to I ventured to suggest why certain invoke this provision by granting The practice at the time was for people wanted me out of Kuala ex parte application for an inter- the senior judge of the Supreme Lumpur in July 1988 and the rea- locutory injunction on condition Court to deal with urgent ex parte son was contained in section 44 that Notice of Appeal be filed and application made under the pro- of the Courts of Judicature Act by the applicant’s solicitors the visions of section 44 of the Courts 1964, which reads: following day. Tan Sri Hashim of Judicature Act 1964. Yeop Sani definitely knew of the Incidental directions and interim interlocutory injunctions/orders PM Cannot Summon ordersordersorders made under this section. Further- Top Judge To His Office 44(1) In any proceeding pending be- more, if Tan Sri Wan Sulaiman fore the Supreme Court any di- was to fly to Kota Baru to preside I will pause here to say a few rection incidental thereto not in- over the schedule sitting of the Su- words about the Supreme Court volving the decision of the pro- preme Court in July 1988 I would — the third pillar which supports ceeding, any interim order to pre- be the most senior judge of the the framework of government vent injustice to the claims of par- Supreme Court in residence in based on parliamentary democ- ties pending the hearing of the Kuala Lumpur due to the absence racy. The other pillars are Parlia- proceeding, any order for security on official duties of the undermen- ment and the Executive. Each of for costs, and for the dismissal of tioned Judges, namely: them has been assigned different a proceeding for default in fur- functions, namely nishing security so ordered may • Tun Salleh Abas, President, at any time be made by a Judge of under suspension • Parliament (which is made up the Supreme Court. • Tan Sri Hamid Omar, Chief of MPs elected by the People) (2) Every application under subsec- Justice of the High Court in Ma- to enact laws tion (1) shall be deemed to be a laya, and • Executive (Cabinet) to govern proceeding in the Supreme Court. • Tan Sri Lee Hun Hoe, Chief the country, and

Aliran Monthly : Vol.24(5) Page 38 • the Supreme Court (i) to decide Court. he had decided to remain in Kuala the constitutionality and legal- Lumpur and asked me to return, ity of laws passed by Parlia- This was accepted and recognised if possible the same day. This ment, (ii) to determine disputes by the acting Lord President, Tan means that the Kota Baru session between the Federation and Sri Hamid Omar, when he sent me of the Supreme Court would be state(s) or between state and a letter (following my return after cancelled. I informed Dato Harun state in the Federation, as well completing a session of the Su- about the contents of Tan Sri Wan as (iii) disputes between Fed- preme Court in the Borneo States) Sulaiman’s message and that I eration and people, between asking me whether I was free to would be flying back to Kuala state and people and between replace Tan Sri Hashim Yeop Sani Lumpur the same afternoon if I people and people. in the forthcoming sitting of the could manage to get a seat in the Supreme Court at Kota Baru in plane. Dato Harun was non-com- Each of the three pillars is ac- July 1988. I should point out that mittal. I then went out for a walk corded the same status and posi- the acting Lord President did not in Kota Baru town and to check tion and the question of su- direct me to replace Tan Sri with MAS office about the avail- premacy does not arise, if one un- Hashim Yeop Sani but asked ability of seats to Kuala Lumpur. derstands the concept of parlia- whether I was free to do so. This mentary democracy. What this is important because subsequent When I returned to the hotel, the mean in layman’s terms is simply events would show that this ac- front-desk clerk informed me that this: cepted constitutional position of Dato Harun would like to see me the Judges of the Supreme Court in his room. I went up and saw That the Prime has no power to seems to have been disregarded. him. Dato Harun relayed a mes- direct the Lord President of the sage from acting Lord President Supreme Court to come and see Being a conscientious Judge of the Tan Sri Hamid Omar directing me him in his office. If the Prime Min- Supreme Council, I informed the (i) to remain in Kota Baru and (ii) ister of the Federation wishes to acting Lord President that I would to take over from Tan Sri Wan see the Lord President of the Su- be free to take the place of Tan Sri Sulaiman as the presiding judge preme Court, he must find a neu- Hashim Yeop Sani albeit there of the Supreme Court sitting. As tral venue for the purpose. In were three other Judges available there were only two judges of the short, the Lord President is not at that time, namely Tan Sri Supreme Court in Kota Baru at beholden or subservient to the Mohamed Azmi, Tan Sri Abdool- that point of time, namely myself Prime Minister. cader and Tan Sri Wan Hamzah. and Dato Harun, I listened in si- Following my acceptance, the lence, having regard to the provi- I think it is convenient for me to composition of the Kota Baru Su- sions of section 38(1) of the Courts touch on the position of Judges of preme Court would consist of: of Judicature Act 1964 that the Supreme Court. • Tan Sri Wan Sulaiman “Subject as hereinafter provided Judges of the Supreme Court are (presiding) every proceeding in the Supreme equal in status and the Lord Presi- • Datuk George Seah and Court shall be heard and disposed of dent is merely the first among the • Dato Harun by three Judges or such greater un- ten members of the Supreme (who had just been elevated even number of Judges as the Lord Court. What this means in prac- from the High Court to the Su- President may in any particular case tice is this: preme Court in 1988). determine ...”

The Lord President has no power Conflicting Requests I returned to Kuala Lumpur the to direct any Judge of the Supreme same evening after notifying Dato Court to do this or that without his Dato Harun and I flew to Kota Harun accordingly. consent; to construe otherwise Baru in the morning and checked would impinge on his independ- into our hotel. In the afternoon I I will explain why I took this ence, which is the cornerstone of received a telephone call from Tan course of action in my next arti- the impartiality of the Supreme Sri Wan Sulaiman telling me that cle. q

Aliran Monthly : Vol.24(5) Page 39 1988 JUDICIAL CRISIS: THE HIDDEN STORY - PART 2 Something's Brewing In KL Tan Sri Wan Sulaiman wants me back in the capital, but Tan Sri Hamid Omar directs me to stay put in Kota Baru by Datuk George Seah

n my last article I men- States in June 1988 I II tioned that it was during found a letter on my III the scheduled sitting of table of my chambers the Supreme Court in signed by the acting Ipoh that the Lord President, Tun Lord President, Tan Salleh Abas, finally decided to Sri Hamid Omar appoint a panel of nine judges of asking me whether I the Supreme Court to hear the could take the place UMNO 11 appeal. The Senior As- of Tan Sri Hashim sistant Registrar of the Supreme Yeop Sani in the Court was directed to notify the forthcoming sched- appellants’ solicitors to: uled Supreme Court sitting at Kota Baru. • Prepare additional records of The acting Lord appeal for the six extra judges President knew that: • Inform the parties’ solicitors Tan Sri Hamid Omar: Acting Lord President in June 1988 that the appeal had been fixed • I had just returned for hearing on 13 June 1988 in from a sitting of the Supreme Why did the acting Lord Presi- Kuala Lumpur Court in Borneo (taking the dent want me to go to Kota Baru place of Tan Sri Mohamed and indirectly out of Kuala These instructions were given in Azmi, who was unable to go Lumpur when he was aware that the presence of the late Tan Sri for personal reasons), I had been involved in sittings in Hashim Yeop Sani and me. the Supreme Court in February, • I had completed a scheduled May and June 1988 and when We all know that a few days af- sitting of the Supreme Court in there were three other judges of ter this momentous decision, Ipoh in May 1988 with Tun the Supreme Court who were free Tun Salleh Abas was sus- Salleh Abas (presiding) and and readily available, namely, Tan pended as Lord President of the Tan Sri Hashim Yeop Sani, Sri Mohamed Azmi, Tan Sri Supreme Court and the appeal and Abdoolcader and Tan Sri Wan of UMNO 11 was not heard on Hamzah? 13 June 1988. • I had also finished a scheduled sitting of the Supreme Court in The original coram was made up Back From Borneo Penang in February 1988 of the following: Tun Salleh Abas Straight To Kota Baru where the presiding Judge was (presiding), Tan Sri Wan Sulai- Tan Sri Hamid Omar (Chief man and Tan Sri Syed Agil. I also mentioned that when I re- Justice of the High Court in Ma- turned from attending a sitting of laysia), Tan Sri Abdool-cader the Supreme Court in the Borneo and me. Continued on page 38

Aliran Monthly : Vol.24(5) Page 40