Good Governance and Gender Equality a Two-Day Conference Looks at Where We Are in the Struggle for Gender Justice by Francis Loh

For Justice, Freedom & Solidarity PP3739/12/2010(025927) ISSN 0127 - 5127 RM4.00 2010:Vol.30No.7

EmpoweringEmpowering WomenWomenWomen Addressing the gender gap

Aliran Monthly : Vol.30(7) Page 1 COVER STORY Good governance and gender equality A two-day conference looks at where we are in the struggle for gender justice by Francis Loh

YB Lydia Ong Dr Lesley Clark

ongratulations to the CCC Good Governance and CC Gender Equality Society, Penang (3Gs Society) for two days of excellent presenta- tions and stimulating discus- sions! The ‘Gender Mainstrea- ming: Justice for All’ Conference held in Penang on 31 July and 1 August 2010 drew almost 200 participants from all races and ages. Although a majority of par- Dr Khoo Hoon Eng Dr Rashidah ticipants were women, consider- able numbers of men were present.

The participants were welcomed by the chair, YB Lydia Ong, the Penang State Government Exco member in charge of Youth and Sports, Women, Family and Com- munity Development, whose office was sponsoring this important event. In her short message, Lydia expressed her delight at the Dato' Latifah Merican Dr Cecilia Ng turnout and called upon all present to step forward to push for good governance and gender mainstreaming in Malaysia, particularly in Penang. She reminded all that we had a long way to go since she was the sole woman member of the Penang State Exco, and that there were only three women out of 42 Penang State Assembly members.

Aliran Monthly : Vol.30(7) Page 2 EDITOR'S NOTE

This issue focuses on women, the gender gap and the quest for gender equality. Francis Loh reports on a CONTENTS landmark conference in Penang on ‘Gender mainstreaming: Justice for all’. COVER STORY ••• Good Governance And Gender Gender equality is about both women and men. It is EqualityEqualityEquality 222 not a women’s agenda but a social justice agenda, EqualityEquality 22 says Chong Eng, adding that political solutions are ••• Political Solutions To The Gender needed to narrow the gender gap. Prema Devaraj GapGapGap 777 warns that gender mainstreaming alone will not bring ••• What Are We Mainstreaming Into? 121212 about gender equality as oppression manifests itself ••• Comprehensive Policy, Action in many ways. Gender equality has to be in the larger Plan Needed 121212 context of justice for all. FEATURES At the end of the conference, a declaration calling for ••• From Esplanade To Jelutong 191919 a comprehensive policy and action plan on gender ••• The Speech That Wasn't Delivered 212121 was presented to the Penang Chief Minister. ••• Are The Police Sabotanging the BN? 232323 ••• When Parliament Killed Our The 50th anniversary of the enactment of the ISA on 1 Democracy 252525 August was observed in dramatic fashion with Abol- ••• The Man Who Fought For Justice 272727 ish ISA vigils in major cities across the country. Anil ••• Women Judges And Sharia 303030 Netto reports on an impromptu vigil near the Jelu- ••• Public Intellectuals Or Policy tong police station after police blocked a gathering at Architects?Architects?Architects? 323232 the Esplanade. The lop-sided nature of the face off is ••• Candles & T-shirts Vs Batons & reflected in Prema Devaraj’s poem, which contrasts GunsGunsGuns 404040 the baton-toting police with the candle-bearing protesters. Poor P Ramakrishnan never got to deliver his REGULARS address; so we are now carrying it here in full. Rama ••• Current Concerns 343434 can’t help wondering if the police are sabotaging the ••• Thinking Allowed 383838 BN by blocking such vigils – which only erodes public support for the government. OTHERSOTHERSOTHERS The legendary D R Seenivasagam foresaw the repres- ••• Subscription Form 181818 sive nature of the ISA back in 1960, recalls Tan Pek Leng. Who was this courageous politician? Andrew Lin provides a fascinating impression of the little- Published by known ‘man who fought for justice’. Persatuan Aliran Kesedaran Negara (ALIRAN)(ALIRAN)(ALIRAN) 103, Medan Penaga, 11600 Jelutong, Aliran is an organisation for ‘social democratic reform’. We advocate freedom, justice and Penang, Malaysia. solidarity; comment critically on social issues, offer Tel: (04) 658 5251 Fax: (04) 658 5197 analysis and alternative ideas keeping in mind Email (Letters to Editor): the national and global picture based on universal [email protected] human rights and spiritual values. We are listed on the on the roster of the Economic and Social Council of Email (General): [email protected] the United Nations. Founded in 1977, Aliran Homepage : http://www.aliran.com welcomes all Malaysians above 21 to be members. Contact the Hon. Secretary or visit our webpage. Printed by Konway Industries Sdn. Bhd. Plot 78, Lebuhraya Kampung Jawa, 11900 Bayan Lepas, Penang

Aliran Monthly : Vol.30(7) Page 3 Keynote addresses how women were always at the women in political decision-mak- short end of the stick each time ing in post-conflict Rwanda, Two keynote addresses followed. conflict occurred. Women were Mozambique, Angola, Nepal, The first was by YB Chong Eng, the ultimate victims and suffer Timor-Leste and Guatemala. the Member of Parliament for rape and other forms of sexual vio- Bukit Mertajam and Conference lence too. Significantly, whereas Favourite daughters Organising Chairperson. The ad- men always started conflicts, dress was a useful introduction women often played key roles in We are so used to hearing the term to the notion of gender helping to end the conflicts. ‘favourite sons’ that the term mainstreaming and an overview ‘favourite daughters’ sounds odd. of how others elsewhere have Yet, the specific problems and In fact, there have been outstand- ushered in gender mainstreaming needs of women and girls had not ing women who have scaled the via, among others, incor- heights of achievement in porating ‘gender quotas’ spite of gender discrimina- into the selection of candi- tion and the patriarchal dates for elections and en- structure of our societies. hancing the electability of Present at the 3Gs Confer- women via introducing ence were some of Penang’s the gender factor into pro- ‘favourite daughters’. portional representation Apart from those men- electoral systems. tioned earlier, also present were Dato Latifah Merican, No doubt, some might Dr Khoo Hoon Eng amd comment that these meth- Datin Dr Rashidah Shuib. ods of gender mainstreaming might not re- Latifah Merican, a Convent flect the wishes of the so- Pulau Tikus ‘old girl’ who ciety at large. Chong Eng, is currently Advisor to the however, asserted that if Office of the Chairman, Se- we do not resort to these curities Commission Ma- ‘short cuts’ to achieve gen- laysia, had previously der mainstreaming, served in a top position in women’s representation the World Bank in Wash- in political decision mak- ington. On this occasion, ing will remain poor. Con- she shared her ideas on sequently, gender equality ‘Engendering the will remain a low priority Economy: Opportunities in other realms too. and Challenges’. Her dis- (Chong Eng’s address is carried been given adequate attention in cussant was Prof Cecilia Ng, Pro- in this issue of the Aliran Monthly). post-conflict scenarios. It was in fessor of Gender Studies in recognition of such neglect of Universiti Sains Malaysia (USM), The second keynote was by Ms women’s needs that the UN de- who happened to be her former Judy Cheng, Assistant Secretary- partment that she now heads has classmate. Apparently, these two General for Peace Building Sup- given new attention to women’s ‘old girls’ from Convent Pulau port in the United Nations. Judy participation in economic recov- Tikus have been debating on how has spent almost 30 years serving ery, in rebuilding social support to enhance the role of women in in the UN and is now the highest- institutions, and in political deci- Malaysian society for several de- ranking Malaysian in the UN, re- sion-making. She supported cades. porting directly to the Secretary- Chong Eng’s call for introducing General. Judy shared with the gender quotas, which she showed Dr Khoo Hoon Eng, now in the participants her observations of had facilitated the participation of National University of Singapore,

Aliran Monthly : Vol.30(7) Page 4 was previously the Rector of the Asian University for Women About 3Gs (AUW) in Bangladesh. How many of us have heard of this new uni- The Good Governance and Gender Equality Society, Penang versity, let alone that a Penangite, (Persatuan Untuk Tadbir Urus Baik dan Kesaksamaan Gen- a Convent Green Lane ‘old girl’, der, Pulau Pinang) or 3Gs was established in December had played a critical role in 2009 with the objective of promoting good governance and launching this important initia- substantive equality between men and women at all levels tive in Bangladesh?! Also a top of society. scientist, this former CEO of AUW shared with us about ‘Women’s It also intends to work towards the eradication of discrimi- Leadership and Good Gover- nation against women, by empowering women and through nance’. Drawing upon her rich genuine partnership with men, to ensure women’s full and experience in university adminis- equitable participation in all sectors of society. tration, teaching and research, she summed up her presentation on In line with the National Policy on Women and the call of the need for women in leadership the State Government towards Competency, Accountabil- positions thus: ‘Changing who de- ity and Transparency, the society networks and engages cides, changes what is decided!’. with relevant government authorities as well as other indi- viduals, organisations and agencies, nationally and inter- Her discussants were Ms Ramlah nationally, with similar goals. Bee Bte Asiahoo and Ms Lim Kah Cheng, two Councillors from the An important part of our governing ethics is to recognise, Penang Municipal Council. respect and embrace diversity within our multi-ethnic and Whereas Ramlah is a politician, multi-cultural society. Lim is well-known as a lawyer who has also been very active in gender issues and promoting the rights of the disabled.

Professor Rashidah Shuib spoke next about the need for ‘Gender Sensitive Social Policies’. A respected public health expert and the Director of the Women’s De- velopment Research Centre (Kanita) in USM, Rashidah was critical that many government policies do not yet benefit men and women equally, a problem perpetuated because we do not yet have gender-sensitive measure- ment tools that can help us appre- ciate women’s critical contributions as social protection providers which are ‘unpaid and invis- ible’. Likewise, we do not seem to recognise ‘women’s economic citi- zenship’ since many women are employed in the informal sector and perform so-called ‘casual

Aliran Monthly : Vol.30(7) Page 5 Chong Eng Lim Kah Cheng Judy Cheng work’. Rashidah argued a need positions between men and and discrimination on the basis for government to go beyond link- women. of class, race and religion, a point ing social policy and protection that Prema had raised earlier. to jobs in the formal sector. However, Lesley opined that the women’s wings were useful Recommendations Her discussant was Dr Prema ‘training grounds’ for women and Devaraj, an ‘old girl’ of Methodist that they could be used as vehicles Day Two was spent listening to Girls School, now Programme Di- to push for gender justice at all Workshop Reports and Recom- rector of the Women’s Centre for levels and in all committees of the mendations and on the Change. While agreeing with party. In Australia, introducing Finalisation of Resolutions (see Rashidah’s pointers on gender gender quotas into the Labour page ??). These were then pre- discrimination, Prema reminded Party was an important step to- sented to the Chief Minister of us not to lose sight of wider social wards successfully pushing for Penang, YAB Lim Guan Eng, injustices and discriminatory poli- gender quotas in government, who showed up towards the cies that marginalise the poor and which were passed by a Labour- end of the proceedings. Indeed, minority groups too. dominated parliament. he also participated in the official launching of this new NGO Going beyond 3Gs Importantly, there was also con- called ‘3Gs’ which, no doubt, sensus among participants that will continue to remind us about The final session on Day One fea- gender mainstreaming could not how there can be no good gov- tured a ‘dialogue’ with Dr Lesley be the sole criterion for promoting ernance without gender equal- Clark, who is now Director of Eq- gender justice, especially if this ity. Oh, there was some talk that uity and Diversity in James Cook was being achieved via the intro- the 3Gs Society should organise University. A former Australian duction of gender quotas. It was a future conference that will MP, Lesley shared about the Aus- equally important to change atti- bring together top women scien- tralian experience with 3Gs. An tudes to erase gender stereotypes tists and artistes to share their important point discussed was as well as to challenge the patri- thoughts on gender justice. q about the double-edged role of the archal structure of our societies women’s wings of political par- writ large, not just government ties. For indeed, there is a danger positions. that gender issues will end up Dr Francis Loh is secretary being debated only within the More than that, some members of of Aliran. He learned a lot confines of the women’s wing, the floor also reminded the gath- attending the 3Gs confer- with no change of attitudes among ering that we must not lose sight ence.ence.ence. men or the sharing of power and of other forms of social injustices

Aliran Monthly : Vol.30(7) Page 6 COVER STORY Political solutions to the gender gap Gender equality is about both women and men. It is not a women’s agenda, but a social justice agenda by Chong Eng

n 1995, Malaysia ratified Tanjong Declaration of 1992, is still very low. II the United Nations Con- which, among others, called for III vention On the Elimina- the establishment of a Women’s According to Professor Dr Cecilia tion of All Forms of Dis- Affairs Ministry within the Cabi- Ng of Universiti Sains Malaysia’s crimination Against Women net, the government finally set up Kanita, the number of women MPs (CEDAW) and in the same year the Ministry in January 2001. By in the Dewan Rakyat has been also adopted the Beijing Platform 2004, with the expansion of the hovering around 10 per cent for For Action. Both documents essen- Ministry’s role, it was renamed the last three terms: 10.4 per cent tially emphasised increasing the Women, Family and Commu- in 1999, 10 per cent in 2004 and women’s participation in all ar- nity Development Ministry. 10.8 per cent in 2008. There are eas of public and private lives, more women in the Upper House, especially at the levels of decision- This brief history of the develop- where members are appointed making. In the year 2000, Malay- ment of the Women’s Agenda in rather than elected. In 2004, the sia joined the global community Malaysia serves as a background percentage of women senators to participate in achieving the Mil- for our present discussion. reached as high as 33.3 per cent lennium Development Goals and in 2008, there were 16 women (MDGs) by 2015, the third goal Today, 15 years after CEDAW and out of a total of 60 senators, or 26.7 being “to promote gender equal- 10 years after the setting up of the per cent. ity and empower women”. Women Affairs Ministry, women’s participation in public In the cabinet, the number of fe- A decade after the Wanita DAP life, especially as decision-makers male ministers has never exceeded

Aliran Monthly : Vol.30(7) Page 7 three at any one time since Inde- pendence. Currently, there are two women out of 30 ministers in the cabinet.

The percentage of women elected into the State Assemblies has never been more than 10 per cent, with 4.8 per cent in 1999 and 8.0 per cent in 2008.

In the civil service, women made up an average of only 14 per cent at upper echelon as secretary generals, director generals and chief executives. wherein 0 indicates no gender in- sues of family life including equality, and 1 indicates maxi- health, children and education. The women labour force partici- mum gender inequality). pation rate (LFPR) has basically We ask different questions when remained stagnant the last 20 Hence, as is often observed, equal- it comes to looking at challenges years. In 1970, the women LFPR ity in opportunities, such as ac- the country faces and usually, was 37.2 per cent. Twenty years cessibility to education and better women place more weight on later, in 1990, the women LFPR health care do not necessarily ground-level solutions. In other had increased to 46.7 per cent. In translate into equality in results. words, women are more sensitive 2008, after almost another 20 to the social dynamics of a policy years, the women LFPR is about Importance of or a government decision, espe- 45.7 per cent. increasing women’s cially when it can affect women, participation children, the family and society. The point I am trying to make is that while Malaysia has in place The need to empower women to Women also adopt different ap- all sorts of international conven- participate in decision making is proaches in politics and gover- tions and an excellent National not merely an abstract human nance as compared to our male Women Policy with a women-fo- rights agenda. At the most funda- counterparts. We are less likely to cused Ministry to ensure the mental level, to utilise the pres- be confrontational and more likely implementation of the Women’s ently silent half of the population to use diplomacy to achieve our Agenda, women in Malaysia are whether in the political arena or targets. Often, women prefer ne- still lagging behind in many as- in the economy is to tap into a vast gotiation and finding common pects of public life. and powerful pool of human re- ground. At a time when people are source to drive our country’s often frustrated with partisan poli- Overall, Malaysia’s ranking in the growth. ticking in the country, women Global Gender Gap Index (GGI) leadership can indeed facilitate a has fallen from 92 in 2007, to 96 Ultimately, empowering women political breakthrough especially in 2008, to 101 in 2010. In a report to enter and participate actively when we are in need of bi-parti- by the Women, Family and Com- in the public sphere will benefit san reform in key areas of admin- munity Development Ministry in everyone, men and women. istration. 2009, the Malaysia GGI showed that while Malaysia scored well Women not only bring with them A welcome change for us in Ma- in the sub-indexes of education new talents and skills but also a laysia is that women are less likely and health, the gender gap in the fresh perspective especially in to be involved in corruption. In political and economic empower- politics. Women who tradition- 2001, a World Bank Report ment sub-index remained high at ally are care-givers at home have showed that corruption cases are 0.58 in 2007 (on a scale of 0 to 1, a better understanding of the is- lower in the fields administered

Aliran Monthly : Vol.30(7) Page 8 by women. be deliberate in considering the To illustrate the effectiveness of gender implications of its actions, affirmative action in promoting Finally, a report by the Organ- in every area, for both men and women to decision-making posi- isation for Economic Co-Opera- women. To do this requires a para- tions, out of the top 10 countries tion And Development (OECD) digm shift! The Government must with the most women Members of showed that achieving gender look into the existing system and Parliament in 2009, eight of them equality has positive effects on the work towards removing obstacles have legislated some form of gen- performance of the economy. It not once and for all. It may involve der quota. The other two countries only generates an increase in the structural change and often this have used a proportional repre- productivity of the workforce in will agitate the status quo. sentation electoral system to push OECD countries; it also facilitates for more women participation in more sustainable growth in non- Unless we act now to introduce a politics. OECD countries. ‘gender quota’ or other affirmative action schemes, we in Malaysia In 2008, as reflected in the elec- Political will: The must be willing to wait for another toral results in Parliament missing ingredient 50 years to see the ground being throughout the world reported by levelled for women. How else can the IPU, women won an average As we discussed earlier, the low be build a new generation of of 24.5 per cent of seats in parlia- participation of women in the women leaders? ments when the proportional rep- work force and in politics in Ma- resentation system is in place. By laysia is not due to the lack of gov- Alas, in Malaysia, the term ‘quota’ contrast, women only managed to ernment policies and awareness. is often looked upon as a ‘bad secure about 18 per cent of the word’. This is due to the ruling seats in countries using a simple- The question then is, why is there party’s abuse of the affirmative majority electoral system. no real breakthrough towards action policy, which has enriched gender equality in Malaysia? cronies instead of empowering As we can observe from the ex- the needy. amples given above, gender quo- While we have all the excellent tas and affirmative action policies instruments and policies, what is To hasten the rise of women to work to fast-track the representa- lacking is the ‘political will’, es- decision-making positions, affir- tion of women at decision mak- pecially within the ruling party. mative actions such as gender ing levels. A 2008 report from the Inter-Par- quotas or proportional represen- liamentary Union (IPU) observed tation of women in the electoral That said, it is a chicken-and-egg that ‘electoral arrangements, to- system should be introduced. puzzle for us to determine gether with political will, are However, any form of affirmative whether the empowerment of among the most important factors action should be temporary in women or the participation of which affect women’s access to nature and should be comple- women, comes first. Parliament. mented with programmes which empower the target group, to al- On my part, I strongly believe if What is meant by political will? low them to compete in the long we can increase women’s partici- run when the affirmative action pation in public life, especially at It means that the government must policy has expired. the decision-making level, we will

Unless we act now to introduce a ‘gender quota’ or other affirmative action schemes, we in Malaysia must be willing to wait for another 50 years to see the ground being levelled for women.

Aliran Monthly : Vol.30(7) Page 9 Our neighbor in Indonesia has enacted laws to encourage party- based gender quotas since 2003, with a further amendment in 2008 to strengthen such mechanism. Although the Indonesian gender quota laws have been criticised for being relatively weak and apparently do not impose any real sanc- tion on parties which do not com- ply, the introduction of such laws has resulted in increases in women’s representation in Indonesia’s Parliament. In 1999, before the introduction of the laws, soon experience a ripple effect of sure by political parties and women made up 8 per cent of the a more gender-balanced perspec- women’s groups within parties Lower House. After enactment of tive in the decisions and policies and in society” for some four de- the laws in 2003, women’s mem- of our country, which would ulti- cades before it emerged with 47 bership in the Lower House in- mately benefit more women as per cent women in Parliament. creased to 11.3 per cent in 2004 well as men. Nowadays, Swedish political and to 16.8 per cent in 2009. parties have self-imposed gender Global Experience quotas to satisfy the strong de- Gender Agenda as an mand of the electorate to have a election demand Gender equality and the empow- more balanced gender represen- erment of women are global tation in Parliament. Indeed, it is To ensure that our government trends. Today, all over the world, on account of such public pres- commits itself towards gender people are advocating and pro- sure and special measures that equality, the electorate must make moting equality as the basis of women hold an average of 21 per the Gender Agenda an election human relationships. In most decent of all parliamentary seats in demand. mocracies in the world, equality European countries. is the rule rather than the excep- This was one of the reasons why tion. In African countries such as 3Gs is actively organising our In- Rwanda, Angola, Mozambique troducing Gender Equality work- Therefore, even as we in Malay- and South Africa, post-conflict re- shops. It is part of our gender sia pride ourselves to be part of construction of their political sys- sensitisation project, which aims global society and aspire to move tems has opened up new oppor- to create public awareness, espe- towards becoming a First World tunities to introduce measures to cially among women, on the im- nation, we must position our- enhance wider women’s partici- portance of advocating for gender selves together with the great glo- pation in politics. Rwanda, with issues. bal movement towards gender 56.3 per cent of its lower house equality. being women members, tops the Today, everywhere in the world, list of countries with the most even here in Malaysia, we hear More than 100 countries in the number of women MPs in the calls for political change. We hear world have some kind of mecha- world. Meanwhile, Angola (37.3 calls to change from a narrow ide- nism to accelerate and facilitate per cent), Mozambique (34.8 per ology to more inclusive and pro- participation of women in Parlia- cent) and South Africa (33 per gressive ones, from autocratic to ment. Sweden, which is currently cent) have all reached the target an accountable government, from ranked second in the global top of 30 per cent women representa- an oppressive regime to one ten list of countries with the most tion in their respective parlia- which respects human rights and women MPs, saw ‘sustained pres- ments. rule of law.

Aliran Monthly : Vol.30(7) Page 10 I hope Malaysians will begin to in public universities. thing; if we contemplate further; see that our call for inclusiveness, it is part of the whole package in for accountability, for justice and Leaders are worried about social the struggle for equal human human rights will be inconsistent dynamics and the family struc- rights. We are essentially stand- if we neglect the call to empower ture that some feel are being ing in the shadows of equal rights half of the population, our sisters, threatened by the pursuit of gen- advocates such as Mahatma the women of Malaysia. der equality. But we must under- Gandhi, Martin Luther King Jr, stand that gender equality is not and Nelson Mandela. Recently, in the Atlantic Magazine, the battle of the sexes. It is not about there was an article which pitting women against men. We The proclamation for gender analysed the current trend in are not striving to replace the equality is one that is as old as America, where there is a gradual dominance of one gender with our first cry for social equality. But but steady reversal of social roles another. this call is now being renewed glo- between men and women. The bally because, as the world article had an eerie title, “The End Conclusion struggles for equality, it is conve- of Men”. Among others, it ob- nient to forget about mothers, sis- served: Gender equality is about both ters and wives. We are forgotten women and men. It is not a and passed-over because we were ‘ …woman…now hold a majority of women’s agenda, but a social jus- silent. I urge you, sisters and the nation’s jobs. The working class, tice agenda. If there is indeed a brothers, break your silence be- which has long defined our notions natural social evolution towards cause without gender equality, of masculinity, is slowly turning into a more female-friendly public life there is no social equality. Make a matriarchy, with men increasingly and marketplace, then men the demand for gender equality a absent from the home and women should realise that having a gen- political demand. q making all the decisions. Women der policy is important not only dominate today’s colleges and pro- for women but for men as well. A fessional schools – for every 2 men gender policy is to achieve bal- YB Chong Eng is MP for who will receive a B.A. this year, 3 ance and fairness for both men and Bukit Mertajam and women will do the same. Of the 15 women. Deputy Secretary Gen- job categories projected to grow the eral of the DAP. most in the next decade in the U.S., The aspiration towards gender all but 2 are occupied primarily by equality therefore is not a new women…Men dominate just 2 of the 15: janitor and computer engineer. Women have everything else…’ Some of the references used in this article are: While the article described the trend in the United States, some Cecelia Ng (forthcoming), Gender and Rights: Analysis for leaders in Malaysia are worried Action, Penang: KANITA, Universiti Sains Malaysia; as well. And there is a basis for Women, Family and Community Development Ministry, their fear. After all, according to Malaysia’s Gender Gap Index (MGGI), http:// the Higher Education Ministry, www.kpwkm.gov.my/uploadpdf/02mggi.pdf; M L Krook women in Malaysia made up 62.3 (2007), Gender Quota Laws In Global Perspective (Paper sub- per cent of the undergraduates in mitted for the conference “Women in the Americas: Paths public universities and 53.3 per to Political Power); and Drude Dahlerup and Lenita cent of the students in private Friendenwall (2008), Electoral Gender Quota Systems and higher learning institutions dur- Their Implementation in Europe (Paper commissioned by the ing 2007-2008. Women are also European Parliament’s Committee on Women’s Rights fast catching up at post-graduate and Gender Equality). level, with women comprising 52.7 per cent of Masters’ students

Aliran Monthly : Vol.30(7) Page 11 COVER STORY What are we mainstreaming into?

Gender equality should be seen in the larger context of justice for all by Prema Devaraj

ender mainstreaming is economy? Let’s look at three ex- and awareness of HIV/Aids, GG a phrase which has been amples: implementing wellness GGG around for about 20 programmes, promoting preven- years. It basically refers Example 1: Social policies relat- tion, screening and early inter- to integrating gender perspectives ing to reproductive health vention for specific diseases at every stage of a policy and in such as cancer. The phrasing of the decision-making process and The Eighth Malaysia Plan of Ac- the Eighth Malaysia Plan set out is heralded as an important tool tion for the Advancement of the religious and cultural pa- towards achieving gender equal- Women focused on reducing rameters within which advance- ity. While acknowledging ment of women can take the gender disparity in so- place....”the government ciety and the serious need will continue to ensure that to address it as well as the strategies and programmes role of gender mainstream- implemented are consistent ing, a number of questions with Malaysian values, re- come to mind: who or what ligious beliefs and cultural is the mainstream? what are norms”. the rules for the mainstream? who sets these rules? We re- Given these parameters ally have to ask, what are which set the mainstream we gender mainstreaming for policies on reproduc- into? tive health, it becomes difficult to discuss or plan What do we do if the main- programmes relating to a stream is a patriarchal one woman’s sexual au- with conservative cul- tonomy, a woman’s right tural/religious interpreta- to obtain information on tions of policies and laws? contraceptives (more so if How do we proceed she is single) or to decide should the mainstream be freely on matters relating one which pushes aggressive neo maternal and infant mortality to her reproduction. In what con- liberal policies, placing profits and morbidity, improving pre- text are unwanted pregnancies, before people? How do we work natal and antenatal health care, baby dumping and unwed moth- in a mainstream which is driven providing health and nutrition ers being discussed? Do we en- by the so-called free market education, promoting education gage with mainstream policies

Aliran Monthly : Vol.30(7) Page 12 health needs?

Example 3: Employment policy

The Tenth Malaysia Plan spe- cifically encourages more women to take up employment. While we may be in agreement with the concept of financial independence of women, one must ask what is the economic system into which men and women are being integrated? Are both women and men getting decent jobs, working humane hours and earning adequate living wages? Are they subject to de- A view of the participants cent working conditions? In some factories and even shop- which support punitive punish- the country. ping malls, workers are not pro- ments of women who have had vided seats and have to stand premarital sex or who have borne Given that women currently still throughout their working hours, children out of wedlock or who bear the responsibility of caring presumably to increase produc- have abandoned their babies in for children, the elderly, the sick tivity. desperation? and the disabled, the impact of the privatisation of the health care Is this the type of employment we Example 2: Social policies on (i.e., poor quality health care in want our society to endorse? What healthhealthhealth government hospitals) are borne type of care support would be mainly by them, especially those given to workers, especially With the growing privatisation of from the lower income groups. women, to help them with the care health care over the last 10-15 of their children, the elderly, the years, it is clear to see how this And now, with the push for sick or the disabled – the has affected the quality, effective- health tourism – we must ask unrecognised and undervalued ness and efficacy of delivery of what is the impact of such profit- care economy, the responsibility services to people who seek medi- driven policies on the health of of which still currently lies with cal attention in the public hospi- people, when resources and ex- women? What type of leave tals. It has been estimated that only pertise are reserved (or siphoned would women be entitled to with 30 per cent of the total number of off) for the elite few who can af- regard to the care economy? How specialist doctors in the country ford such services? Do we want are we addressing these issues are in government hospitals and to engage with a mainstream when we ask women to enter into yet they are looking after 70 per whose health care policies place the workforce? Would the plan to cent of patients being admitted in profit margins above people’s get more women to take up em-

Discriminatory and unjust practices exist in our society based on ethnicity, class, religious interpretations, inequitable social systems and institutions.

Aliran Monthly : Vol.30(7) Page 13 ployment also look at how to de- pression in society manifests itself principles of social justice and a crease the double-day burden in other ways apart from gender more inclusive rights based-ap- which many women face? inequality. These include dis- proach. criminatory and unjust practices Recent data from the Human Re- which exist in our society based References: sources Ministry shows a gender on ethnicity, class, religious inter- 1 . Hillary Charlesworth Not Wav- pay gap between men’s and pretations, inequitable social sys- ing but Drowning: Gender women’s wages in Malaysia (see tems and institutions. We cannot Mainstreaming and Human table below). While it is important just insist on gender equality and Rights in the United Nations. to make sure that this gap is re- then merrily go along in accep- Harvard Human Rights Journal moved so that there is no discrimi- tance of a mainstream which com- Vol (18) 2005 nation between the wages of men mits grave injustices towards 2. Aruna Rao and David Kelleher Is and women, it is crucial to ask people, both women and men. We there life after gender whether we want to integrate need to be aware of whose inter- mainstreaming? Gender and De- people into a system which does ests the mainstream serves and velopment Vol (13) 2005 not provide decent living wages who controls this agenda. 3. European Commission Manual for its workers, be they men or for Gender Mainstreaming, Social women. A recent study by the Proponents of gender justice need Inclusion and Social Protection same Ministry involving 1.3 mil- to go beyond gender mainstream- Policies 2007 lion workers reveals that 34 per ing and consider changing or de- 4. Commonwealth Secretariat Dis- cent of these workers earn wages termining the mainstream so that cussion Paper 3 Gender and So- below the poverty line (i.e., less gender equality is seen in the cial Protection 2009 q than RM720 each month). Is this larger context of justice for all. This present economic system the one in no way denies the importance we want to mainstream into? of recognising and addressing the huge gender disparity which ex- Prema Devaraj, an Aliran Gender mainstreaming alone will ists in society. But if we want a exco member, is a not bring about gender equality. more humane and just society for programme director with Nor will gender equality bring both women and men, then we the Women’s Centre for about justice for all. We know that must actively promote a main- Change and the Secretary men and women are not homog- stream agenda which uses a of 3Gs.3Gs.of enous groups. We know that op- framework which has the core

AVERAGE MONTHLY BASIC WAGE IN MALAYSIA IN 2008

Occupation Male (RM) Female (RM) Difference (RM)

Senior officials & managers 4,296 2,522 1,774 Professionals 3,670 2,848 822 Technicians & associate professionals 2,007 1,957 50 Clerical workers 1,407 1,325 82 Service workers and shop and market sales workers 924 802 122 Skilled agricultural and fishery workers 730 513 217 Craft and related trade workers 1,081 727 354 Plant and machine operators and assemblers 860 623 237 Elementary occupation 693 561 132

Source: National Human Resources Institute, Human Resource Ministry

Aliran Monthly : Vol.30(7) Page 14 COVER STORY Comprehensive policy, action plan needed Declaration of the Conference on Gender Mainstreaming: Justice for All, 31 July -1 August 2010, Penang

groups, in all aspects of their lives and call attention to the urgent need to remove obstacles that hamper their ability to fully participate in the economic, political, and socio- cultural arenas.

Therefore, we hereby propose the following recommendations towards the empowerment of women in the context of good governance and gender equality:

A. Women and economic development Preamble ratified the UN Convention on the Elimination of All Forms of The population of Penang is es- We, the participants of the confer- Discrimination Against timated to be 1,609,000 for 2010 ence on Gender Mainstreaming: Women (CEDAW), which ob- comprising 816,700 women and Justice for All, representing di- ligates states to uphold prin- 793,200 men. Women have been verse experiences, perspectives ciples of non-discrimination consistently contributing to the and sectors, met in Penang, Ma- and substantive equality; economy as production and of- laysia, from 31 July to 1 August fice workers as well as in the 2010 to discuss key issues related II. Affirm that the Malaysian gov- popular hawker industry of the to women’s participation in soci- ernment and the state govern- state. Penang’s female labour ety, including the extent to which ment of Penang is bound by force participation is much gender mainstreaming has been moral and legal obligations to higher at 53.4 percent compared utilised towards the empower- implement gender main- to the national average of 45.7 per- ment of Malaysian women in gen- streaming in the economic, cent and is concentrated in low or eral and women in Penang in par- political, and socio-cultural semi-skilled positions in the ticular. In accordance with the realms; and manufacturing and services sec- objectives of the conference, we tors. Primarily responsible for the hereby: III. Recognise the challenges faced care of their children, families, the by women and girls, especially elderly, the sick, and the disabled, I. Recall that in 1995, Malaysia marginalised and vulnerable women workers carry a greater

Aliran Monthly : Vol.30(7) Page 15 burden of work. Many turn to the d) Promoting lifelong education Parliament and 8.0 per cent of informal sector to generate addi- and skills training to ensure op- State Legislators (Adunss) are tional income for their house- portunities for women especially women. In the case of Penang spe- holds. The shortage of accessible the marginalised and vulnerable cifically, only one State Executive and affordable institutional sup- and those who seek to (re)enter Committee (exco) member is a port in terms of care facilities and the labour market. woman. This political under-rep- services hinders women, espe- resentation is compounded by the cially the poor, in participating 2. Protecting and upholding fact that women leaders are often fully in the economy and society. rights of women workers by: assigned gender-stereotyped po- Marginalised and vulnerable sitions or portfolios associated groups such as sex workers, a) Ensuring that women’s rights with a relative lack of political transgendered communities, refu- in the workplace and the informal power. gees, undocumented migrants, sector are upheld and protected, and migrant domestic workers including rights relating to a liv- Economic barriers, societal and face a higher risk of economic ing wage, trade union organising, cultural constraints often hamper marginalisation. Sex disaggre- improved reproductive health the ability of women to participate gated data as well as gender benefits, and equal employment effectively in the political sphere. analyses of this data is largely opportunities; and Existing mindsets in political par- absent and many measurements ties result in the marginalisation of society’s progress do not in- b) Implementing, monitoring, and of women who choose to work clude women’s contribution in evaluating the Code of Practice for within these parties and, where the care economy or their work in the Prevention and Eradication of elected, women representatives the informal sector. Sexual Harassment at the Work- are sometimes insufficiently place in public and private sec- equipped with the requisite skills We strongly urge the state and lo- tors. and capacities for political cal government of Penang to adopt achievement. the following recommendations 3. Promoting gender-friendly, ac- in these areas: cessible and affordable care ser- We hereby strongly urge the state vices and facilities by: and local government of Penang 1. Increasing women’s full and to adopt the following recommen- equitable participation in the a) Investing in, developing and dations in these areas: economy by: maintaining accessible and affordable facilities for children, 1. Increasing women’s numbers a) Mandating the collection, disabled, and elderly persons; in leadership and decision-mak- analyses, and dissemination of and ing by: regular statistics on women’s status in the workforce, both formal b) Providing adequate subsidies a) Establishing and enforcing and informal, and ensuring sys- for poor households to offset the quotas of at least 30 per cent tematic updating and mainte- burden of care and ensure equi- women in the State Assembly, nance of these databases; table standards of living as part State Executive Council and Lo- of a social protection policy. cal Council (as well as other local b) Providing the financial and authority) levels and in the civil political support for the comple- B. Women and good service in order to achieve gender tion of a comprehensive study on governance parity; and women’s participation in and contributions to the workforce, Despite women making up 49.1 b) Identifying and nurturing po- both paid and unpaid; per cent of the Malaysian popula- tential women leaders, particu- tion, and accounting for approxi- larly the young. c) Ensuring that annual state mately half of our eligible voters budgets are gender-responsive and workforce participants, only 2. Enhancing skills and capacity and equitable; and 10.8 per cent of MPs in the 12th of existing women leaders and

Aliran Monthly : Vol.30(7) Page 16 decision-makers by: sibility), the unavailability of af- women by:by:women fordable housing and efficient a) Providing financial support for public transport and poverty. a) Ensuring that reproductive and the setting up of a gender caucus mental health services are made for both women State Assembly Despite the existence of laws re- accessible and available to all members (Aduns) and women lating to gender-based violence, women, especially women who Local Councillors; the numbers of victims are in- are vulnerable and/or margin- creasing and many are unable to alised; and b) Increasing capacity building access services sensitive to their and training programmes in key rights and needs. b) Collecting sex disaggregated areas, including relevant laws data on health issues affecting and policies and the operation of Many women, especially the poor, women and girls to work towards local government and State As- have little knowledge and/or ac- improving their health status. semblies, for women State Assem- cess to health services especially bly members (Aduns), women reproductive health services. 3. Improving housing for women Local Councillors and women by:by:by: decision-makers in the civil ser- In Penang, the incidence of pov- vice; and erty in female headed households a) Developing, implementing and (16 per cent) is higher compared monitoring affirmative action poli- c) Establishing a mentoring to male-headed households (7 per cies so that marginalised and vul- programme by senior women cent). nerable groups including single leaders. mothers and the disabled are We hereby strongly urge the state given special allocations for qual- 3. Promoting gender sensitisation and local government of Penang ity affordable housing; and of leaders and their constituen- to adopt the following recommen- cies by:by:cies dations in these areas: b) Guarantee the provision of affordable quality housing with a) Involving women and men in 1. Improving safety and eradicat- adequate living space, for lower voter education to raise awareness ing violence against women by: and middle-income groups so that of the need for substantive repre- families have access to a healthy sentation of women in political a) Leading a state-wide campaign and safe living environment. leadership and decision-making; to promote zero tolerance against and gender-based violence; and We, the participants of the Gen- der Mainstreaming: Justice for All b) Promoting education and train- b) Conducting training to enhance conference, hereby urge the state ing on critical areas of gender the skills and knowledge of ser- government of Penang to incorpo- equality and good governance for vice providers from the welfare de- rate these recommendations into State Assembly members (Aduns), partment, police and hospitals so a comprehensive gender policy Local Councillors, civil service de- that victims of sexual crimes re- and action plan for the people of cision-makers, and the public. ceive adequate support and pro- Penang. tection. C. Women and Penang social policy 2. Improving health care for 1t August 2010

Some of the key social issues which concern women in Penang include gender-based violence (domestic violence, rape, and sexual harassment), health (unwanted pregnancies, cancer and lack of reproductive health acces-

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Aliran Monthly : Vol.30(7) Page 18 50 YEARS OF ISA From Esplanade to Jelutong An impromptu anti-ISA vigil was held outside the Jelutong Police Station in Penang for a good half an hour after the one planned at the Speakers’ Square was disrupted by Anil Netto

n 1 August 2010, the OOO 50th anniversary of the enactment of the Inter- nal Security Act, a group of pro-ISA rowdies infiltrated the crowd attending a vigil at the Es- planade leading to some scuffling and shoving.

But it was only those anti-ISA activists at the vigil who were arrested: Suaram Penang coordinator Jing Cheng, PSM’s Chon Kai, Pekerja Tanjung activist Kris Khaira and lawyer Darshan Singh were taken away in a truck to the Jelutong Police Station.

Despite repeated police warnings Arrested even before the vigil began to disperse, the crowd at the Es- planade stood their ground, until lowed spot. utes to disperse. That prompted a the cops finally felt that there had couple of them to sing “We shall been one too many press confer- About 30 activists and anti-ISA overcome”! A policeman behind ences and stepped in to show they protesters, with a large contingent one activist tried to blow out her meant business. By then many of media in tow, then turned up candle from over her shoulder, had already dispersed while oth- outside the Jelutong Police Station while another plainclothes cop ers had gone to the Jelutong Po- by 10.00pm. They held out a ban- stomped on a candle at the edge lice Station to lend support to ner bearing the words of the road. those arrested. “Mansuhkan ISA!” and chanted the same words. Many passing The activists and friends then dis- It was indeed ironic that the four motorists honked in support. persed to nearby coffee shops. were arrested at the Speakers’ Square which is supposed to up- Half an hour later, when Jelutong Meanwhile, lawyers Lim Kah hold freedom of assembly and free- police figured out what was hap- Cheng (an MPPP councillor), dom of expression. What happening, they emerged from the sta- Agatha Foo and Karen worked pened that night defiled that hal- tion to give the activists five min- hard to assist those arrested. A

Aliran Monthly : Vol.30(7) Page 19 marched towards the scattered crowd. They don’t look like the anti-ISA civil society type. I could not resist taking a photo of them. That make them focus in my direction.

“I pretended to sit down on a con- crete fencing at the edge of the field, adjusting my camera. Some of the folks above spoke in Bahasa Malaysia and instigated each other to do something about me. Then one of them embolden himself and came to sit next to me. He pretended to speak into his hand phone but pushed his elbow till it touched my face. He was mutter- fourth unidentified lawyer se- after, she was released but had to ing ‘Mau cari pasal? Mau cari cured a promise from a senior po- appear in court the next morning. pasal?‘ He must have been trying lice officer that the four would be to pick a fight with me as insti- released on police bail by mid- The police even took away Jing gated by a few other voices from night. (As an aside, it was inter- Cheng’s ISA T-shirt (for evi- that fierce-looking crowd. I stood esting to see women lawyers at the dence?!). He emerged from the up and moved into the walkway forefront that night, negotiating police station with a jacket bor- slowly, avoiding the eye contact with police in both Penang and rowed from a friend. which could be interpreted as a PJ.) sign of agreement to engage with Meanwhile, activist B K OngOngB re- him in the only way he wanted. Someone joked that the four ports on his encounter with the Then the guy next to me declared would definitely be released as pro-ISA group: his victory by laughing with his there were three lawyers and a friends. They make even more in- priest inside the station to lend a “I arrived at the vigil scheduled stigation e.g. to pull off my beard. hand! for 9.00pm some half an hour early. I noticed police blocking the “Before the guy could come closer Just around midnight, as those entrances to the Esplanade. I to me a police personnel marched arrested were about to be re- walked towards the Esplanade in to shout at the folks above to leased, uniformed police entered field where some people were ask them to disperse. The police the coffee shop where Lau Shu scattered around. Before I could only asked them not to force the Shi, the former Suaram Penang say ‘hello’ to a few familiar faces police to make arrests – which was coordinator who is now with the crowd started retreating from in strong contrast to the police’s Awam, was seated with friends the sea side, dogged by a few uni- preemptive arrests of three and activists. A policewoman form police. When the crowd was organisers of the peaceful anti-ISA escorted her to the Jelutong Po- pushed out of the field, the police candle light vigil earlier. lice Station. stopped. So the crowd was mill- ing around the edge of the field, The group quickly crossed the There, Shu Shi was served with a just inside the walkway besides road and assembled defiantly at warrant of arrest in connection the main road. Then a group of a corner outside a building of with a May 2008 offence under fierce-looking and foul-mouthed the Chinese Chamber of Com- Section 19 of the Police Act. Shortly people in their thirties or forties merce.” q

Aliran Monthly : Vol.30(7) Page 20 50 YEARS OF ISA The speech that wasn’t delivered P Ramakrishnan was supposed to deliver this address at an anti-ISA vigil in Penang on 1 August 2010, but before he could speak, four activists were arrested and the police dispersed the crowd.

years of ISA - Enough 5050 is enough! This is our 505050 53rd year of independence. But for 50 years, that independence has been marred and rendered meaningless by the continued existence of the ISA. It has been used and abused to silence critics and put away dissidents. It is an instrument that threatens our freedom and our civil liberties. It creates a climate of fear.

That is why the indomitable D R Seenivasagam called the ISA “a vicious and repulsive document, a document which is repulsive to all those who believe in democracy.” Candlelight vigil outside the Jelutong police station

He found it “difficult to believe Under the guise of national secu- fallen prey to this obnoxious leg- any citizen of this country could rity, the ISA has been turned into islation. Without any justification, have drafted this Bill if he has the a political tool to serve the ruling they have been detained unfairly interests of his fellow citizens at elite to remain in power. Any time and unjustly. heart”. and every time the Barisan Nasional was in a fix, it resorted Not a single one of them has been He was right there. The ISA did to the ISA to safeguard and en- charged or convicted in a court of not serve the interests of the citi- trench its position. law. They were not brought to zens; it only served the interests court simply because the govern- of those in power. Some 10,000 innocent people have ment had no specific and legiti-

The ISA did not serve the interests of the citizens; it only served the interests of those in power.

Aliran Monthly : Vol.30(7) Page 21 We should target the BN and channel our energies for the de- feat of the BN. When the BN becomes the Opposition in Malay- sia, that day will spell the end of the ISA.

Our slogan should be “Remove the BN” – not “Repeal the ISA”.q

P Ramakrishnan is president of Aliran

The Speakers' Square where the vigil was to be held. The only way mate charges against them, and defence in a court of law in keep- their flimsy reasons for detaining ing with natural justice. to remove them would not have stood up in the ISA is a court of law. It is a mockery to the rule of law when a detained person has no to remove That is why the court’s jurisdic- legal access to a lawyer. tion to review or challenge their the BN detention has been ousted. The It is a mockery to our democratic Minister’s decision cannot be system when a person can be held from power. challenged in any court of law. in solitary confinement for up to 60 days without family visitation The moment The Minister’s decision is final. rights whatsoever. End of the matter. That is wrong. you remove It is a mockery to us as human be- the BN, And the Minister has that abso- ings that this terrible law has been lute undemocratic right to extend allowed to be around for half a the ISA a detainee’s detention every two century. years indefinitely. That is wrong. will Friend, don’t waste your time ask- The detainee can periodically ap- ing for the repeal of the ISA. It disappear. pear before the Advisory Board to won’t happen. It is the armour state his or her case. Very often it that protects the BN. The BN will As long as is a waste of time. The Advisory never throw away this protective Board that hears a detainee’s rep- shield. The BN will not repeal the the BN resentation can only make recom- ISA. Let’s accept that as a fact. exists, mendations to the Home Minister which he usually brushes aside. The only way to remove the ISA is the ISA That is wrong. to remove the BN from power. The moment you remove the BN, the will exist. Friends: It is a mockery to have a ISA will disappear. As long as the law that does not provide for your BN exists, the ISA will exist.

Aliran Monthly : Vol.30(7) Page 22 50 YEARS OF ISA Are the police sabotaging the BN?

Ordinary Malaysians are not naive: they see the difference between the police treatment of the pro-ISA group and the anti-ISA activists and they understand the biased treatment. by P Ramakrishnan

unday, 1 August 2010, SS marked the 50th Anni- SSS versary of the ISA. It was a milestone that had to be observed by every caring Malaysian. It was an occasion that deserved to be commemo- rated.rated.rated.

This evil Act has been with us for 50 years serving as a convenient and useful political tool to keep the ruling elite in power. For 50 years, this Act has terrorised innocent people. Some 10,000 people lost their freedom because they were detained under the ISA which gives them no recourse to the courts.

Their detention is at the pleasure of the Minister of Home Affairs. OCPD Asst Comm Gan Kong Meng conceded, ‘Yes, they tried to create He is legally empowered to detain trouble and agitate’ in reference to a group of pro-ISA members believed to any Malaysian indefinitely by be Umno representatives.

Surely Malaysians are entitled to the freedom to light a candle, sing a few songs, deliver a few speeches and go home.

Aliran Monthly : Vol.30(7) Page 23 simply extending their detention a truck and carted away even chief and disrupt the peaceful orders every two years. No court before the event could take place event to mark the 50th anniversary of law can question the Minister’s at 9.00 pm. There were more po- of the ISA. They supported the detention orders. As long as he is lice personnel present than ISA. They could have held their of the opinion that an individual people who had come to attend own function elsewhere to ex- is a threat to national security, he the function. They outnumbered press their support for the ISA. But can order the detention. those present by almost two to why come here to wreck a peace- one. The police were ordering ful event? Such an unjust law has to be op- the people to disperse but they posed. It was only logical that on lingered on. What was inspiring Why were they not apprehended? the 50th Anniversary of the exist- was the fact that there was no Why were the police tolerant of ence of this obnoxious legislation, fear among the people. No one this group? peaceful Malaysians should com- ran helter-skelter. They stayed memorate this important occa- put. According to a Malaysiakini re- sion. In this instance, they port:” planned to hold candle light vigil At about 9.30 pm, my wife and I in eight states on 1 August 2010, went to the Jelutong Police Station, When asked if the police knew the 50th anniversary of the enact- where the four detainees were about a group of pro-ISA members ment of this Act. taken to. There were at least 50 believed to be Umno representa- Malaysians holding up lit candles tives gathering at the Square, This candle light vigil would have and moving to an advantage po- Georgetown OCPD Asst Comm taken place peacefully without sition to attract the attention of Gan Kong Meng conceded, say- any incidence – if only those gath- passers-by. We bought a packet of ing ‘Yes, they tried to create ered had been allowed to do so. candles and joined the group. trouble and agitate”. Surely Malaysians are entitled to the freedom to light a candle, sing Motorists passing us on both They tried to “create trouble and a few songs, deliver a few sides of the road honked their agitate” and how were they speeches and go home. horns expressing their support. treated in comparison to those As more and more cars and mo- who were arrested? It was clearly NGO events such as this don’t torbikes passed, their honking a case of double standards. normally attract a mammoth grew louder and more persistent. crowd. At most only a few hun- One cyclist even rang his bell! Ordinary Malaysians are not na- dred people turn up. There was ive. They see the difference and no public urging for Malaysians When it became evident that the they understand the biased treat- to turn up in their thousands. people were in support of the ment. cause that we represented, that So why was this peaceful gather- was when the police moved in This conduct is not a plus sign for ing stopped? What was achieved? and dispersed us. Even then, some the BN. It is definitely a minus did not go home. They stayed on sign. The police action only The police action only made at nearby coffee shops until it was makes the people turn against the those present even angrier with time to free the detainees. Four of BN. the Barisan Nasional – not with those still hanging around went the police. They were aware that into the police station to bail them The BN must realise that the po- the police only act on the orders out. lice action is only sabotaging the of the BN – more implicitly on BN. q the instructions of the Umno The people have a right to be an- ministers. gry with the BN. The police were tolerant of the pro-Umno group P Ramakrishnan is presi- In Penang, when I arrived at who came there to be unruly. They dent of Aliran. around 8.50 pm I witnessed were provocative and were a nui- some activists being herded into sance. They came to cause mis-

Aliran Monthly : Vol.30(7) Page 24 50 YEARS OF ISA When Parliament killed our democracy When Parliament promulgated the ISA, D R Seenivasagam prophetically observed, "This Security Bill not only attempts to deal with terrorism, but it also attempts to deal with any citizen who dares to open his mouth." by Tan Pek Leng

years ago, the whole this then an occasion for rejoicing ment that would enable the pro- 5050 country was being and merriment? I feel sure that all mulgation of the Internal Security 505050 geared up to celebrate thinking people will agree that Act (ISA) in Parliament, opposi- the end of the horren- such an occasion should be one tion leaders voiced their concern, dous 12-year “Emergency” that for mourning and not for celebra- consternation, and most of all had taken an enormous toll on the tion.” deep fear. The leader of the lives of our people. People’s Progressive Party, D R Seenivasagam, said that the The Georgetown City new regulations were “ten Council, the only one then times more fearful, ten times controlled by the Socialist more deadly, than the Emer- Front, was the only local gency Regulations”. council in the country that refused to take part in the The Emergency Regula- celebrations because the tions had to be renewed ev- end of the “Emergency” ery year whilst the ISA is a was going to mean the start permanent law, “if it is not of a permanent emergency revoked it will live forever”. under the Internal Security Under the Emergency Regu- Act (ISA). lations, a detainee has the right to protest against his Tan Phock Kin, the Social- detention to the Committee ist Front (SF) whip in the of Review, presided over by city council put it this way: a High Court Judge, which has final arbitration on the “With the advent of case. Merdeka, everyone looked forward with great hope to DR Seenivasagam: A vicious and repulsive Under the ISA, however, the ending of, at long last, document to all those who believe in democracy the decision of the Advisory the curtailment of liberty. Board can be overruled by But what do we find? Laws be- On 22 April 1960, when then the Home Affairs Minister. Article come more arbitrary, regulations Deputy Prime Minister Tun Razak 149 of the Constitution provided become even more restrictive. Is tabled the constitutional amend- that preventive detention should

Aliran Monthly : Vol.30(7) Page 25 tion, political intimidation, not only of political organisations, but of the people of this country”.

Together with the amendment to Article 149, the Government also introduced constitutional amend- ments to allow the Prime Minister a say in the appointment of judges and to provide for the appointment of an Attorney-General who would be a member of the Gov- ernment.

Two days after the passing of the Internal Security Bill, the Alliance- Tun Razak: Tabled the Tan Phock Kin: Laws become more controlled Dewan Rakyat ap- constitutional amendment arbitrary, regulations become even proved the Prevention of Crime more restrictive (Amendment) Bill which grants police officers powers of summary arrest. Five decades on, we are all suffering from these acts of Par- liament.

In ending his speech on that fate- ful day that the ISA was born, D R Seenivasagam lamented, “[T]he conditions in this country have deteriorated to such an extent that the Police Force is likely to be turned into a terrorist organisation to terrorise the people of this country into sub- mission to the will and pleasure of the Government.” Ong Jing Cheng: Arrested by the Police How sadly prophetic! not be effected, and if at all ef- He found it “difficult to believe The ISA came into force on 1 Au- fected, can only last three months. any citizen of this country could gust 1960, with the formal decla- The constitutional amendment have drafted this Bill if he has the ration of the end of the “Emer- did away with this protection in interests of his fellow citizens at gency” the day before. Since then, order to facilitate the enactment of heart”. it has claimed more than 10,000 the ISA. victims. “This Security Bill not only at- Rising to debate the Internal Se- tempts to deal with terrorism, but If nothing else, light a candle for curity Bill on 22 June 1960, D R it also attempts to deal with any democracy on 1 August. q Seenivasagam called it “a vicious citizen who dares to open his and repulsive document, a docu- mouth,” he added, and charged ment which is repulsive to all that the Government’s motive in Tan Pek Leng is an Aliran those who believe in democracy”. promulgating it was “intimida- member.member.member.

Aliran Monthly : Vol.30(7) Page 26 TOWERING MALAYSIAN The man who fought for justice When D R Seenivasagam passed away in 1969, some 150,000 people lined the streets of Ipoh to bid him a touching final farewell. Who was this man? by Andrew Lin

March 2010 was the 41st join me in a trip down memory anniversary of the pass- lane and together reminisce our 151515ing of D R Seeni- impressions and thoughts of DR - vasagam, or DR as he the man who fought for justice. was affectionately known, a great Please share your insights with and illustrious son of Ipoh. Sadly, me so that the memory of this be- the day passed by without any loved leader who had done so mention of the event in the obitu- much for Ipoh and its citizens will ary pages of our local newspa- be perpetuated for our future gen- pers. erations.

To old-timers of Ipoh, Darma Raja This commentary is my own per- Seenivasagam needs no introduc- D R Seenivasagam sonal recollections and may con- tion at all. He was the President tain inaccuracies of fact due to the of the People’s Progressive Party passage of time, for which I sin- (PPP), one of the earliest political dulang washers. These people re- cerely apologise. Feel free to cor- parties formed in pre-independent mained faithful to DR to the end. rect any discrepancies, where nec- Malaya. Under his leadership, the essary. Some of the road names PPP captured control of the Ipoh Unfortunately, those born after mentioned have since been Town Council — the forerunner 1969 have grown up with little or changed and may be unfamiliar to the Ipoh Municipal Council no knowledge of the man who, as to some of us. and later the Ipoh City Council — the opposition Member of Parlia- in 1958 and provided efficient lo- ment for Ipoh, was a constant Remembering cal government for the people of thorn in the side of the then rul- D R Seenivasagam Ipoh. ing Alliance government. DR was also an outstanding criminal law- I did not know DR personally, DR’s charisma and extraordinary yer in the country. On several oc- neither have I spoken to him. But ability to articulate the aspirations casions, his brilliance and skill in like most people of my generation, of the masses endeared him to all the legal profession spared many I have tremendous respect and ad- who came in contact with him – on the wrong side of the law from miration for the man. That has not from the towkay to the coolie. It is a the gallows. wavered over the years. Despite well known fact that his most loyal his wealth and fame, DR chose to supporters were the downtrodden As a mark of remembrance for this take on the role as champion of of society namely the hawkers, towering personality, I, a humble the poor and a fighter against all petty traders, trishaw peddlers, retired senior citizen from Kuala forms of injustice in the country. labourers and others of the work- Lumpur and a one-time resident ing class like the now-forgotten here, invite you, good readers, to In the glory days of the PPP, DR’s

Aliran Monthly : Vol.30(7) Page 27 name was a household word. His known to give free legal services them won DR’s old seat of Ipoh in name was frequently mentioned to those who could not afford to the 1986 General Elections. in the newspapers, the market pay. Many poor people sought his place, the coffee shops or almost assistance to find employment as DR’s fiery oratory and his willing- any place where people gathered labourers in the various local ness to help the underdog were for a casual chat. Practically ev- councils in and around Ipoh. So traits that caught the attention of ery adult and even school chil- did the people who enlisted his people of all ages. During my time dren in Ipoh knew who DR was, help to obtain hawkers’ licences. in school, excerpts of DR’s parlia- and many had sought his assis- mentary speeches and other press tance and services at one time or Road side hawkers implored his releases were often quoted by par- another. intervention to resolve problems ticipants during elocution con- caused by the high-handed action tests and debates held at class or My earliest recollection of DR was of over-zealous enforcement offic- inter-school levels. watching him with his group of ers. Illiterate trishaw pedallers friends and party colleagues from and errant taxi drivers who As a politician, DR did his very the upstairs of our shop-house flouted traffic laws and those in- best for the people of Ipoh, irre- along Panglima Street in Ipoh’s volved in other minor offences spective of their colour or creed, Old Town way back in 1961. They were often let off with a stiff warn- despite his hectic schedule. He were walking to the famous Leech ing by the police out of respect for had many assistants and volun- Street coffee shops. DR’s law firm DR, who would invariably inter- teers to attend to the people who of S Seenivasagam & Sons, which cede on their behalf. A telephone thronged his office every day of also acted as the headquarters of call to the relevant authorities or the week, many of whom had the PPP, was located at 7 Hale a press statement by DR was all it come from far away places to seek Street, a stone’s throw away from needed to settle the issue at hand. his help. where I lived. Such was the level of esteem and respect that DR commanded. In the days when public rallies I remember DR was always in a were allowed to take place, the jovial mood and had a hearty Thus the hawkers and other petty children’s playground along laugh to go with his raised voice. traders were able to conduct their Brewster Road (where the Umno People on the street greeted him businesses with the comforting Building is presently located) was spontaneously. DR reciprocated thought that DR was always there the favourite venue for most of the with his usual charm and ex- for them so long as they adhered PPP rallies. According to my con- tended his hands to them in to the municipal by-laws, which temporaries, this was DR’s battle- friendship. Such rapport with the were implemented in a most hu- ground, where he met his friends people on the street by a so-called mane fashion. and fought his enemies. Huge ‘big shot’ was fairly uncommon crowds gathered to listen to PPP those days and was something to DR inspired a generation of leaders as they explained their behold. DR was truly a man of the youths by his unusual talents stand on the current issues of the masses. both as a lawyer and as a politi- day. cian. I know of at least three youths Unlike most politicians of that of my time who were staunch ad- DR was always the star-speaker time, DR was genuinely ap- mirers of DR and who in later at such rallies and would invari- proachable and accessible to any years became successful members ably be the last to address the one who needed his help. He was of parliament themselves. One of crowd. DR spoke in English and

DR chose to take on the role as champion of the poor and a fighter against all forms of injustice in the country.

Aliran Monthly : Vol.30(7) Page 28 a smattering of colloquial Malay ing the then Prime Minister, the nese occupation of Malaya. The to the multi-racial crowd. He had late Tunku Abdul Rahman. Seenivasagam family owned sev- a very versatile interpreter named eral landed properties in Ipoh but Mak Fei Hoong to help him along DR was a London-trained lawyer over the years, most of these were for the benefit of his Chinese- and specialised in criminal law. disposed of to finance the PPP’s speaking audience. Mak, as most He first came into public promi- expansion and activities in the old-timers would testify, was not nence as the lawyer who de- Kinta Valley and in other parts of conversant in oral English but fended a young Chinese girl the country. understood the language and named Lee Meng for alleged mili- could give the verbatim Cantonese tant communist activities during DR’s affluence as a successful translation flawlessly, often with the Emergency. Although DR did lawyer was manifested in the a touch of humour too! No won- not win this case, his reputation fleet of expensive cars that he der then that PPP rallies attracted as an able and courageous law- had. He was the proud owner of such mammoth crowds. yer grew by leaps and bounds. an American convertible, the Lincoln Continental, and a Jag- Outspoken and DR was involved in a number of uar. In later years, a bright red courageous high-profile criminal cases, and Cadillac bearing the easily- his superb performance as the recognisable registration plate, One of DR’s most notable achieve- defence counsel was given wide AJ 6666 was his regular comments in his short parliamentary publicity in the media. Despite panion on the road. career spanning less than 12 his fiery disposition, DR con- years, was his courageous expose ducted himself in the best tradi- His fondness for life, dancing, of corruption involving a cabinet tions of the Bar. He was never over- good food and the companionship minister by the name of Abdul domineering and was known to of Chinese lady friends was an Rahman Talib, then Education extend his utmost courtesy to his open secret. He was often seen in Minister. When challenged by the less experienced colleagues in night-clubs in the company of minister to repeat the allegation court. close friends and associates. outside Parliament, DR wasted no Drinking was also one of his other time in complying. He fought all his cases, big or indulgences. small to the best of his ability, us- At the historical Chinese Assem- ing his tremendous power of per- DR remained a bachelor all his bly Hall along Birch Road (now suasion and argument to the full, life. He lived with his elder Jalan Maharaja Lela) in Kuala much to the chagrin of the oppos- brother, Dato S.P. Seenivasagam, Lumpur, DR did the needful being public prosecutor. Indeed, at the latter’s official residence of fore a packed audience and was DR’s brilliant performance was a the President of the Ipoh Munici- taken to court for libel and slan- source of inspiration for many pal Council along Tiger Lane, to- der. This celebrated case ended in young budding lawyers of the gether with Datin Seenivasagam DR’s favour in December 1964. day. and his two unmarried sisters. The minister appealed the decision the following year but was DR’s private life was equally in- DR died of a massive heart attack again unsuccessful. Needless to teresting. A chain smoker, DR was at the age of 48, barely two months say, DR’s stature as a fearless par- always seen with a cigarette in his before the country’s general elec- liamentarian grew further from mouth, both in public or in his of- tion. Till today, many still believe then. fice. His addiction to tobacco from that the funeral procession of DR an early age resulted in his smok- was the grandest and most touch- DR’s eloquence in debating the ing more than 80 sticks a day. ing ever seen by the people of contentious issues of the day like Ipoh. education, language and human DR came from a wealthy rights won him grudging respect Ceylonese (now Sri Lankan) fam- Rest in peace, dear DR. q and admiration from his political ily. His late father was an eminent opponents in Parliament , includ- lawyer himself prior to the Japa- Source: ipohworld.org

Aliran Monthly : Vol.30(7) Page 29 RELIGION Women judges and Sharia

Why have conditions been laid down in the case of the two Malaysian women judges? Is it not sheer male prejudice against women? by Asghar Ali Engineer

ecently, two women novations involving women and The Qur’an repeatedly asks be- judges were appointed which have no basis in the Qur’an lievers to enforce what is good RRR in Malaysia in the Sharia or Sunnah, these are welcome. (maaruf) and prohibit what is evil court but strangely When the Qur’an and Sunnah do (munkar) and believers include enough their appointments were not lay down any conditionality both men and women. Thus, it is conditional on their not handling for women judges, one is justified as much obligatory on men as on cases pertaining to marriage and in asking: why, then, this innova- women to carry out this injunc- divorce. tion? tion of the Qur’an, more so in the

They can handle other cases like Are the men afraid of the custody of children, mainte- women judges nance and property. The appoint- The question is: ment of women judges is a wel- Why can’t a woman qazi handle come move but the conditionality cases pertaining to marriage and why can’t attached seems strange. divorce? Are the appointing men women judges afraid that women judges would The question is: why can’t women be sympathetic to women who deal with judges deal with marriage and generally suffer in cases of mar- divorce cases? Is there any such riage and divorce, and that cases marriage and injunction in the Qur’an or the would be favourably disposed of divorce cases? Sunnah? No, not at all. In fact in favour of the suffering women? Imam Malik and the famous his- Apparently no reasons have been Is there any torian and Quranic commentator, given for putting in such condi- Tabari, have held that women can tions; one can only infer from cir- such injunction become qazis; Imam Abu Hanifa cumstances. in the Qur’an was of the opinion that women can be appointed as qazis (sharia Several hadiths have been narrated or the Sunnah? judges) in certain circumstances; by the Prophet’s (PBUH) wives, no one held that it would be un- particularly Hazrat Ayesha, in No, not at all. der certain conditions only. matters of marriage and divorce. If a woman has no proper under- Why then have such conditions standing of such issues, why are been laid down in the case of the such hadiths accepted by the ju- case of a judge. Imam Abu Hanifa two Malaysian women judges? Is rists? They should be rejected be- was in favour of appointing it not sheer male prejudice against cause they have been narrated by women qazis precisely on the ba- women? Our jurists and scholars a woman. Also, it is known to Is- sis of this Quranic injunction. always oppose any innovation lamic historians that the Prophet What is the function of a qazi if (bidah) and consider it haram (pro- used to consult his wives on sev- not to enforce what is good and hibited), but when it comes to in- eral matters. prevent that which is evil?

Aliran Monthly : Vol.30(7) Page 30 Also, who understands better He greatly loved them and than women as to what marital brought them up with great affec- problems are and how often men Nowhere do we tion. He used to say that for one divorce their wives simply in a fit who loves his daughter, educates of anger? In Islam, marriage is a find a verse her and marries her off, his place contract and both men and in paradise is assured. He loved women have equal rights to enter in the Qur’an his daughter Fatima most and into the contract, laying down con- or a suggestion would rise to his feet in respect ditions they like. If the woman has when she entered his house. There the right to lay down conditions in a hadith that are no differences on these mat- for entering into a marital con- ters among jurists and narrators tract, she can also be supposed to women are of hadiths, and yet several hadiths have a thorough understanding intellectually are deemed as forged, which show of marital relations or a mutual women in a very poor light. relationship. inferior in In fact, it should not be surprising The Prophet understanding that the entire discourse on consulted his wives such matters. women in the Qur’an is rights- based and for men duty-based. Nowhere do we find a verse in the What is surprising is that in Is- Qur’an or a suggestion in a hadith lamic jurisprudence the entire dis- that women are intellectually in- gratulated her husband for becom- course reverses: for men it is rights- ferior in understanding such mat- ing the Prophet of Islam after he based and for women duty-based. ters. As for the controversial tra- received the first revelation and It is high time the Muslim intelli- dition that women are naqis al-aql was perspiring and feeling uncer- gentsia came forward to rethink (intellectually inferior) and naqis tain as to what was happening to the entire corpus of Islamic juris- al-iman (inferior in faith), the less him. It was Hazrat Hafsa, his wife, prudence in respect of issues and said the better. The Prophet con- in whose custody the earliest bring it in conformity with the sulted his wives on several mat- compiled Qur’an remained until Qur’anic spirit of justice, equality ters. He consulted one of them on the time of Hazrat Usman. The and human dignity. q the crucial matter of peace at Prophet also is reported to have Hudaibiyah, and accepted her said that one who honours advice to sacrifice his camel. He women becomes honoured him- The writer is an Islamic could not have said that women self. scholar who heads the were inferior in intellect. Centre for Study of Society The Prophet had all daughters and Secularism, Mumbai. It was Hazrat Khadija who con- and no surviving male offspring.

In fact, it should not be surprising that the entire discourse on women in the Qur’an is rights-based and for men duty-based. What is surprising is that in Islamic jurisprudence the entire discourse reverses: for men it is rights-based and for women duty-based.

Aliran Monthly : Vol.30(7) Page 31 ACADEMIC FREEDOM Public intellectuals or policy architects? The majority of academics agree to bow down their heads and spoon feed the political machinery with their intellectuality, with some even joining the inner circles of power by Pierre Marthinus

enedict Anderson, one of the world’s best- Sulak Sivaraksa BB known US intellectuals, recently lamented BBB the lack of Indonesian academics courting public opinion and their failure in seriously challenging anything through social-political criticism (Bangkok Post, 28 June).

This seems to be the case not only in Indonesia, but throughout Southeast Asia, where notable critics, such as Sulak Sivaraksa in Thailand, Renato Constantino in the Philippines, and the late Pramoedya Ananta Toer in Indonesia are left without successors.

Anderson’s latest criticism of Indonesian academic intellectuals was spot on, deserves consideration and should not be taken lightly.

Culturally, we need to admit that most of Indonesia’s top public universities are still plagued by “old- school” traditions of state-owned bureaucracy. In contrast to most US private universities, our hidden curriculum is geared to produce problem solvers, not critical thinkers, and certainly not future activists.

With an abundance of problem solvers, it is under- standable why Indonesian academics, most nota- allowing them to convey only soft criticism and bly from Indonesia’s top universities, have obtained witty implicit remarks. increased access to the political elite and mass media to an extent that is almost unthinkable in the US Politically, unlike in the US, there is very little room (Bangkok Post, 28 June). However, such “access” is for hostile criticism from public intellectuals. consciously being paid for dearly by politically sac- rificing their critical voices as public intellectuals, Despite our democratic rhetoric, the number of In-

Aliran Monthly : Vol.30(7) Page 32 Indonesian academics to choose between becoming critical public intellectuals or obedient policy architects-cum-advisors, but very rarely both. Just like Hans Christian Andersen’s mermaid, intellectuals choose to sacrifice their voices to gain influence.

Socially, not only the universities, but our timid society is also to blame for the lack of public intellectuals. It is no secret that foreign degrees in disciplines, such as business, accounting, finance, and management top the charts for being “politically safe”, which unfortunately again deprives Indonesia of much needed critical public intellectuals.

Economically, as academic intellectuals are finan- cially under rewarded, many crème de la crème In- donesian academics are falling prey to government policy projects, foreign foundations’ research interests and media moguls’ editorial interests. But let’s keep in mind that intellectuals are able to make an informed decision as to who they choose to team up Pramoedya Ananta Toer with. donesian political prisoners detained for voicing I reflected deeply as Anderson’s criticism knocked dissent toward the governing elite is actually on the hard on my conscience. In the West, intellectual com- rise, while violence towards the media and their jour- mentators are lion tamers armed with sturdy chairs nalists continues unheeded. The Indonesian police’s and strong whips. But in Asia, gently blowing the over-reaction to investigative reports of corruption harmless flute seems to be the preferred method in by Tempo magazine showcased the underlying sen- persuading a deadly poisonous snake to dance to timent towards criticism. the rhythm.

While exceptional public intellectuals may choose I am not endorsing the “we Asians do it differently to lob harsh criticism, most academics are not too from the West” mentality. However, Southeast Asian fond of the idea of writing from jail or being sent elites tend to display fangs and roar in anger at the into exile, all the while receiving prestigious inter- very sound of the whip of criticism; a harsh reality national awards for their work. The majority of aca- that most US intellectuals and universities are not demics agree to bow down their heads and spoon subjected to. feed the political machinery with their intellectuality, with some even joining the inner circles of power. The role that Indonesian intellectuals play today is the result of their informed decision taken to become Many Southeast Asian elites learned from the Asian “norm entrepreneurs” in the inner circles of power. financial crisis of the late 1990s and China’s politi- Viewing them as coy sheep tricked into servitude is cal experience that democracy is of peripheral im- certainly underestimating their intellectuality. q portance and that high-impact, sound policy, which is often derived, if not leeched from intellectuals, is the core ingredient for regime survival. On the other The writer is a lecturer at the Department of hand, academics have spent the last decade build- International Relations, the University of ing trust and cooperation with their government, Indonesia.Indonesia.Indonesia. political, and military counterparts, believing that it will ensure further political reform. Source: The Jakarta Post, 15 July The murky waters of political reform have forced

Aliran Monthly : Vol.30(7) Page 33 rakyat via the introduction of ad- ditional acts of parliament. Yet, suddenly, when it comes to gambling, the BN government takes the stand that gambling is an absolute right and we should respect that right. Whatever happened to those other more fundamental liberties to express ourselves, to gather and to associate, among others?

Third, it is most regrettable that the BN government and the minister chose to portray gambling as such an integral part of non- A record of Aliran'sAliran'sAliran's stand on current affairs. Muslim rights. Where was the minister and what is the stance of the BN government when it Cock-eyed view of of what constitutes non-Muslim comes to having access to land what constitutes culture, even less that it is a non- to build a church or temple in non-Muslim rights Muslim right that must be re- general, or in a specific area, say spected. in a part of Shah Alam, where the majority of the population is “You must remember that the First, gambling is a world-wide Muslim? Or to use particular country does not belong to the phenomenon and gamblers come Bahasa Malaysia words in non- Muslims. There are things that from all continents, countries and Muslim worship and in their sometimes non-Muslims do, for religions. If one doubts this, recall religious publications? For that example, gambling. It is their how there have been some big- matter, do we have absolute culture, their way of life and we time Muslim state-exco and dig- rights when it comes to choos- have to respect their rights.” nitary gamblers who have hit the ing our religions? And convert- Apparently, the minister in the headlines about their debts ever ing from one religion to another? prime minister’s department, so often. The point is that gam- Cakap tak serupa bikin? Datuk Seri Nazri Aziz, ex- bling has nothing to do with any pressed these words which religion. In the event, all religions Finally, the minister needs re- grabbed the headlines on 20 discourage their followers from minding that all religions share June.June.June. gambling. And only some non- many values in common. It is not Muslims and Muslims gamble. just a common abhorrence to- Minister Nazri is absolutely right Most do not. wards gambling. All religions that the country does not belong also teach their followers to be to the Muslims. Second, the BN government has compassionate to all, indeed re- consistently argued that certain gardless of the religion the other He is also correct to insist that civil liberties and rights must be professes. All religions also Muslims have to respect non- curbed for the greater common teach us to respect women, to Muslim rights, and he should good. This is why they argue we live in harmony with Nature have added ‘and vice versa’. have the ISA, the Societies Act, the which is part of God’s creation, Printing Presses and Publications and to extend a helping hand But he is absolutely wrong to sug- Act, Trade Unions Act, Sedition especially to the needy and the gest that gambling is a non-Mus- Act, etc. Time-and-time again, we downtrodden. lim “way of life” that ought to be have argued against these unnec- respected. This is a cock-eyed view essary curbs imposed upon the Too bad, the minister resorted to

Aliran Monthly : Vol.30(7) Page 34 stereo-typed notions of ‘non-Mus- because he “did not realise the G’s Chambers as to when the note lims’ and cock-eyed ideas of what significance of it”. What gave him was discovered. In Paragraph 4, constitutes their rights. No won- that right to come to this conclu- it is stated: “According to the in- der there’s no 1Malaysia! sion? His duty and business vestigation officer, it was not should have been to sieve through found when he first searched the Dr Francis Loh every item that was in that sling deceased’s sling bag after the in- Secretary of Aliran bag for possible clues. But he be- cident.” But in Paragraph 10, we 22 June 2010 haved like a clueless amateur dis- are told: ”However, recently the playing a total lack of discern- investigation officer owned up by Abandon Teoh ment. admitting that he did in fact find inquest, set up royal the note when he searched the The Attorney-General’s clarifica- sling bag on July 17...” What then commission of inquiry tion — that when this note was is the truth? finally brought to his attention on The inquest into the death of Teoh October 7, 2009, he wanted further In Aliran’s view, the inquest has Beng Hock has been totally investigations to be carried out — been totally discredited and there- discredited. is indeed baffling. He should fore should be disbanded/discon- have tendered this to the coroner tinued; it should make way for the Nobody is going to believe the for the court to determine its au- setting up of a royal commission coroner’s verdict. The latest sham thenticity and relevance to the of inquiry. Anything short of this that has emerged — the discovery case. To submit this so-called would be a travesty of justice. of a mysterious note — only seems “new evidence” some 10 months to suggest what that verdict is later is totally unacceptable. It P. Ramakrishnan likely to be. only raises questions of ethics and Aliran President propriety. 13 August 2010 We were told that the findings of Teoh Beng Hock’s death would be From whatever angle one may Racial remarks: made known within two months. look at this situation, there is only Headmistress Now after more than one year, we one inevitable conclusion and should be sacked are nowhere nearer the truth; no that is evidence has been clearly one is any wiser when the find- and surreptitiously suppressed. ings would be concluded. It is difficult to reconcile how a Instead of assisting by all means principal of a secondary school All that we have witnessed are to arrive at the truth, the A-G’s could be so insensitive and dumb delays and denials, adding to the Chambers has not acted in a as to utter derogatory words to agony and anguish for the Teoh transparent and honest manner denigrate students under her care. family. It is unfair to them that they by hanging on to this so-called She had shown utter contempt to should suffer this dereliction with- “new evidence” that suddenly the Chinese and Indians in this out any sign of closure to this trag- seem to have assumed “signifi- country. edy. cance” now. This so-called “new evidence” has unfairly It is unbelievable that she could When one is seeking the truth, no disrupted the entire process/ have said, “Chinese students...can stone should be left unturned; no proceedings so far and made the return to China.” It is amazing scrap of evidence should be over- inquiry untenable. If it had been that she could have likened the looked. But — unfortunately — tendered from the very begin- prayer strings worn by Indians to this wasn’t the case in this in- ning, the trend of questioning a dog leash quiry. would have taken a different form and direction. It is difficult to believe that she is According to the investigating of- a teacher and an educator. With ficer, he found a note in Beng There seems to be a contradiction this warped and distorted view of Hock’s sling bag but put it aside in the statement issued by the A- the Chinese and Indians, what

Aliran Monthly : Vol.30(7) Page 35 kind of values can she impart to done by this insensitive head, it is The manner the instructor in the her students under her care? troubling that the PM and the BTN had blamed and shamed the What kind of character can she Education Minister have not ut- non-Malays as a group, the man- inculcate among her students? tered a word to reprimand this ner Datuk Nasir Safar from the She comes across as subhuman. head. They have a duty to land Prime Minister’s Department had hard on those who threaten our displayed his ignorance of our How she got promoted is a mys- harmony and create disunity history by ridiculously claiming tery. How she got selected to be a among us. When they hold their that the “Indians came to Malay- teacher is a wonder. Unfortu- silence, it can be construed as not sia as beggars and Chinese espe- nately, there are many of her ilk in viewing seriously what has hap- cially women came to sell their the Teaching Service doing im- pened. It is this attitude that is bodies” and got away scot-free mense damage to this nation. Two causing a lot of problems in this without being severely punished years ago, we had one dumb dis- country. - all of these have only encouraged cipline teacher in Anderson others to go overboard with their School who ordered Hindu stu- In Aliran’s view, this head insults. dents to remove their religious should not continue to remain wristband and shave off their in the Teaching Service. She does Thinking Malaysians have a right moustache and beards, which not have the aptitude to be a to ask why the General Orders they had allowed to grow ahead head; she doesn’t understand were not applied in these cases. of fulfilling their vows during the cultures of the various com- Are they exempted from the pro- Thaipusam munities; she does not have visions of the GO? commom sense to discern what We have this kind of people not is right and wrong; she does not P Ramakrishnan only in schools - but those higher respect the rights of citizens of President up are no better. The Director Gen- this country as evident when 19 August 2010 eral of Education Tan Sri she stupidly told the Chinese Alimuddin Mohd Dom did not do students to return to China. There must be justice to himself or to his posi- some degree of tion when he referred to the of- She should be either sacked or fending alleged remarks made by pensioned off. Keeping her in ser- decency in politics Siti Inshah Mansor of Sekolah vice will be viewed as condoning Menengah Tunku Abdul Rahman her conduct. Keeping her in ser- Why are the police taking such a Putra as “just a misunderstand- vice by transferring her to another long time to complete their inves- ing.” school or department is not ac- tigation into the serious allegation ceptable. This kind of action only that the name of His Majesty, the It is extremely upsetting when he encourages others to be bold in Yang di Pertuan Agong, had been tries to trivialise a serious matter acting irresponsibly. substituted with the name of the as trifle. Instead of viewing her Chief Minister, Lim Guan Eng, remarks as something that can At times we wonder whether the during the Friday sermon in cer- hurt the feelings and sensitivities government is truly interested in tain mosques? of others to the extent of reining in these unscrupulous el- jeopardising our harmony and ements in positions of authority That is the question that is both- unity, he doesn’t seem capable of and weeding them out of the na- ering Penangites. understanding what damage her tional life to preserve our har- remarks have caused to our frail mony and unity. We have to ask This allegation has the potential unity. Her thoughtless, offending this question simply because we to disrupt the harmony and unity remarks have indeed further un- have had so many instances of that we enjoy in Penang. This con- dermined the Prime Minister’s vi- questionable characters disparag- troversy has been deliberately sion of 1Malaysia. ing the non-Malay communities hatched to create political without being properly disci- turmoil and destroy our peace. It When so much damage had been plined. can have terrible repercussions

Aliran Monthly : Vol.30(7) Page 36 that will affect the existing good- The longer the delay, the more rible lie? will among the various commu- dangerous this controversy be- nities. comes. What the inventors of This is why the police must nail this lie have done is to create the lie. This is why the liars must When there is so much to lose, why racial and religious strife for be apprehended and dealt with is there no urgency to bring their political purpose. What the severely. There must be no mercy the mischief-makers to book im- perpetrators of this lie hope to shown to these perverts who sub- mediately? What is causing the do is to pit the Malays against vert the truth. delay and what is the problem fac- the non-Malays. This is some- ing the police? thing that we cannot tolerate. The Umno-owned Utusan is ped- This is something that we must dling this lie without any tinge of None other than Defence Minis- condemn without any reserva- conscience and beating the war ter, Datuk Seri Ahmad Zahid tion. drum to whip up racial tension in Hamidi, who is also the Penang Penang . It screamed in the front Umno chief, revealed that some There is also the attempt to impli- page that Lim Guan Eng’s name mosques had dropped the cate Lim Guan Eng as having had had been substituted for the Agong’s name in the Friday ser- a hand in the substitution of his Agong’s name as if this is the irre- mon in favour of Lim Guan Eng. name for the Agong. This is a des- futable truth. picable lie. Common sense must The police should be able to get dictate that Lim Guan Eng has no Shamelessly it promoted a lie Zahid Hamidi to provide details say in the preparation of any Mus- without establishing the truth. as to where this took place. This lim sermon. Its conduct went against the eth- would be one good lead for the ics of honest journalism and dis- police. It has been reiterated that the text graced its profession by depart- of the sermon was prepared by the ing from the truth and sensa- According to Home Minister Penang Islamic Affairs Depart- tion-alising a blatant lie. If Hishammuddin Hussein, the ment (JAIPP) – as is the practice – Umno had a hand in this, it must police had received three reports and distributed to all the mosques realise that it has lost the middle over this matter. Those who in the form of booklets. ground. It comes across as a made the reports are in a posi- party caught in a time warp that tion to provide specific and defi- It has been confirmed that Lim is alien to the present times. It is nite details regarding the place Guan Eng’s name was never in churning out the usual out- and time where this took place. the text. It has also been reaf- dated racial mantra that is no This would be another lead for firmed that there was no directive longer working. the police. from the state government, JAIPP or the Chief Minister himself to Thinking Malaysians no longer The congregation who attended mention the Chief Minister’s name believe the Umno spin masters. the Friday sermon where this al- in the sermon. They are aware that this is a po- legedly took place would be the litical ploy to unsettle the Penang witnesses to confirm what actu- According to Penang Deputy State Government. They realise ally transpired. This would be yet Chief Minister Datuk Mansor that this is nothing but foul, gut- another lead for the police. Othman, no prayer leader has ad- ter politics. mitted to swapping the Agong’s With so much information avail- name with Lim Guan Eng in the There must be some degree of de- able and so many leads to fol- sermon. cency in politics. Otherwise we low, why haven’t the police make a mockery of our Rukun swung into action as a matter of How then did this lie swirl round Negara. urgency and arrested the culprit creating so much confusion and whohad committed this sacri- anger among those who believed P Ramakrishnan lege? This issue must be in their this lie? Who was responsible for President priority list. deliberately concocting this ter- 24 August 2010

Aliran Monthly : Vol.30(7) Page 37 infamous wall was demolished just before an election.

Now the cobblestones on Pitt Street are in the news again. The Gerakan government justified the laying of the cobblestones along part of Pitt Street. The argument was that there are many jewellers along that street and cobblestones will prevent robbers from a quick get-away! What logic! Wouldn’t the cobblestones also prevent quick police pursuit of the robbers?

Q Q Q Q Q

Arches of shame money, Penang is in the news. Recognising Despite a lot of public disap- meritorious service The Auditor-General’s Report proval, the Tourism Ministry con- points out, year in and year out, structed two ugly arches in the The thirteen states give annually the scandalous waste of public Botanical Gardens. One of these hundreds of awards on the rul- funds through corruption, mis- began to tilt and a decision has ers’/governors’ birthdays to poli- management, abuse of power etc. been taken to demolish them. The ticians, civil servants, public sec- etc. Since independence, the Alli- cost of constructing them is tor and private sector people. ance and later the BN has wasted RM150,000. Cost of demolition trillions upon trillions of Ringgit was RM70,000. With independence one would on so-called development projects have thought feudalism would die which have benefitted only the Penang under the Alliance and and feudalistic practices disap- Umnoputras, their families, their later the Gerakan carried out two pear. But not so. Photographs of business partners and cronies. projects which were an utter rulers, governors and political This will continue until thy king- waste of public funds. Penangites leaders adorn the walls of public dom come and Malaysia’s desire would remember “Berlin Wall” sector departments. The frames to achieve a “developed nation” along the whole length of the di- are of different sizes in keeping status will remain a pipe dream.. vider of Carnavon Street to prevent with the status of the person por- pedestrians walking across the trayed! At official meetings chairs Talking of wastage of taxpayers’ street. Owing to public protest the are of different sizes especially when political heavey weights are photo credit : guangming.com around. Then the Guard of Honour and the red carpet are a must for VIPs.

There are people who will go to great lengths to get a title, especially a “datukship”. Rais Yatim is on record as having said that in ten states titles are being sold! Ob- viously, some attempt to buy titles. Others even seek the help of the occult. Remember the chap who

Aliran Monthly : Vol.30(7) Page 38 receiving the trophy. against the non-Malays. Below is a samplilng of some quotes which Q Q Q Q Q reveal true Umno: Chameleons and leopards • “This is a warning from the Youth movement. Do not raise Khairy called Anwar a chameleon any issues in relation to Article 11 because he claimed that Anwar …” speaks differently to different au- ~ Umno Youth leader, diences. According to Khairy Hishammuddin when Anwar speaks to non- Malays he champions their rights • “Please don’t test the Malays; and when he speaks to Malay they know ‘amok’. We don't want audiences he becomes the cham- to reach that level.” pion of their rights and privileges. ~Mohamed Rahmat sought the help of the bomoh and The fact is that Umno leaders had • “Umno is willing to risk lives his wife to become a minister and done the same thing successfully and bathe in blood in defence of ended up chopped into eighteen for over 50 years. Their forked race and religion. Don’t play with pieces. tongues fooled a trusting elector- fire. If they mess with our rights, ate without fail in every general we will mess with theirs.” Obviously titled people get pref- election and by-election until 8 ~The delegate from Malacca, erential treatment everywhere. So March 2008. Even then 50 per cent Hansoor Sidang Hussein an obsession to get a title has taken of the electorate believed what the root in the hearts and minds of Barisan politicians told them. • “Don’t test the patience of the many people. The Trengganu pal- Malays and don’t play with fire.” ace has not conferred any titles on Currently there is much ado about anyone for the third consecutive Najib’s 1Malaysia. His able ~A Penang delegate, years. There is bound to be much deputy Muhyiddin threw a span- Musa Sheik Fadzir gnashing, grinding of teeth and ner in the works by claiming that tears among title seekers. first he is a Malay and only then • “You have unsheathed the he is a Malaysian. So much for keris, waved it, kissed it, when are Meanwhile for the first time in the the hype about 1Malaysia! Umno you going to use it?” history of our country, Lim Guan leaders and supporters have in the ~A Perlis delegate Eng, chose 13 deserving men from past used threatening language the menial workers group. He Malaysians remember what tran- generously paid for their official spired when the Umno General attire in addition to the RM500 Assembly meeting was telecast that each received as a bonus. live. People had the chance to see They were commended for their what Umno truly stands for. It commitment and excellent service. was the first and last time the As- Unsolicited comments from the sembly was telecast. public have been very favourable. So, dear Malaysians, how much Come to think of it, when the head can Malaysia believe the Umno of a department is conferred a title, chaps singing the 1Malaysia it represents the collective work of tune? those under him. Justice works in strange ways. In the cases of re- Can leopards change their spots? cipients of awards, it is a case of Q Q Q Q Q the horse running but the jockey

Aliran Monthly : Vol.30(7) Page 39 50 YEARS OF ISA Candles & T-shirts vs Batons & Guns

we sing our anti-ISA songs, your cameras zoom in close to our faces we hold our candles peacefully..... you shout at us and threaten worse

we chant Man-suh-kan I-S-A, you snatch our ban- ners and destroy our placards we hold our candles peacefully..... you crowd around us and blow them out

I held my candle peacefully...... you stepped out in front of me A lone candle burns brightly in the night as police your gun casually slung, close in on anti-ISA protesters outside the Jelutong your finger on the trigger..... Police Station just what were you thinking? we have a right to assemble, you say it is illegal we know you were acting on instructions we hold our candles peacefully..... instructions you so efficiently heeded you say disperse at once well, you tell your bosses they gained nothing by dispersing the crowds we stand against a draconian law, your stand sup- by showing might in numbers, ports a fascist state by using threats to intimidate we hold our candles peacefully...... they lost much more instead you sound the sirens they lost the respect of the people we hold democracy close to our hearts, you refuse to the change we want will take a while acknowledge democratic rights so go tell your bosses we hold our candles peacefully...... a denial of rights only strengthens resolve you bring in trucks and block the roads until the ISA is no more we will meet again…. and again… we are calm despite ‘provocateurs’, you let them go your force and ours but censure us we with our candles and T-shirts we hold our candles peacefully...... you with your batons and guns. you arrest our friends and drag them away Ms BatikBatikMs 5 August 2010

Aliran Monthly : Vol.30(7) Page 40