PP3739/12/2000 ISSN 0127 - 5127 / RM3.00 / 2000:20(7)

Aliran Monthly 20(7) Page 1 COVER STORY A Crisis Of Malay Rights Or An UMNO Crisis? Who’s Playing the Racial Card? by Dr Francis Loh

here exists a basic agreement among TT Malaysians of all ethnic backgrounds TTT on the principles of sharing power at the level of government, on policies pertaining to language, culture, religion and poverty alleviation, as well as on how every- day relations ought to be conducted. Indeed, in spite of the recent economic crisis and the demand for social and political reform, ethnic relations have probably never been better. It was therefore surprising, even shocking, to learn that a purported threat to Malay rights and privileges had arisen.

An Utusan Malaysia front-page story on 14 Au- gust 2000 screeched “Abolish Malay privileges”, alluding to remarks allegedly made by David Chua, the deputy chairman of the National Eco- nomic Consultative Council II and deputy secre- tary of the Associated Chinese Chambers of Com- merce and Industry (ACCCIM). A careful reading of Chua’s remarks, which first appeared in the 10 August issue of the Far Eastern Economic Re- view, however, reveals that Chua had not made any remarks to that effect, a point subsequently accepted by the Prime Minister himself.

However, based on that misreading, UMNO lead- ers condemned Chua and all who purportedly questioned those special rights. Ketuanan Melayu or Malay supremacy was considered to be under seige. Chua and the Chinese associations were warned not to play with api perkauman (racial fire). The racial riots of May 13, 1969, were re- called. A police report against Chua was lodged. Malay dailies gave these UMNO politicians wide coverage.

Aliran Monthly 20(7) Page 2 EDITOR'S NOTE

Days Are Numbered For Racial Politicians CONTENTS

As we prepared to celebrate the 43rd anniversary of COVER STORY Merdeka last month, Malaysians were suddenly ••• A Crisis Of Malay Rights Or jolted by allegations of an impending threat to Malay An UMNO Crisis? 222 special rights and privileges, to Ketuanan Melayu and ••• Special Position Of Malays 888 so forth. Apparently the threat was being posed by ••• A Demonstration Of Bigotry 999 a group of Chinese associations called Suqiu. And ••• Transcending Communalism 111111 UMNO was accepting none of it. ••• No Such Thing In Islam 121212 ••• We Are Upset And Disappointed 131313 Here we were trying to engage in a new politics of democratization and combating the forces of au- thoritarianism and cronyism, and suddenly, we FEATURES were being dragged back to a politic of racialism ••• Justice And Human Rights 151515 which characterised the early years of our inde- ••• Stop Sexual Harrassment 232323 pendence. ••• NGOs Demand Royal Commission 262626 ••• Facts About ISA And ESCAR 272727 This recent attempt to return us to the old racial poli- ••• Abolish The ISA! 303030 tic is focus of this month's issue. In the lead article ••• NGO Pemantau Team Report 363636 DR FRANCIS LOH discusses what actually tran- ••• We Disagree With SUHAKAM 383838 spired and probes the reasons for this recent unsa- ••• The Pinochet Effect 393939 voury episode. Accompanying the lead are impor- tant statements by three Malay opposition leaders - FADZIL NOOR, NIK AZIZ and DR SYED HUSIN REGULARS ALI - and DR KUA KIA SOONG, a director of ••• Thinking Allowed 191919 SUARAM. Because of their scathing criticisms of ••• Current Concerns 323232 UMNO's racial grandstanding, the BN-controlled ••• LettersLettersLetters 343434 media has not featured these statements. But AM believes they deserve the widest coverage. AN OPEN LETTER TO THE PM, jointly endorsed by NGOs is OTHERSOTHERSOTHERS proof that Malaysians can see through such race- ••• Subscription Form 181818 baiting nowadays. The days are numbered for BN ••• Can You Influence One Malaysian? 404040 politicians who continue to engage in racial poli- tics.

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Aliran Monthly 20(7) Page 3 Demonstrations allegations and demanded an On 17 August 2000, about 400 apology from people from 13 Malay organiza- Suqiu within a tions demonstrated at Putrajaya. week. If an apol- They were received by the Prime ogy was not Minister, who assured the crowd forthcoming, that the government would not they proclaimed retreat even a single step in de- that UMNO fending Malay rights because it Youth would not was aware that the Malay com- be held responsi- munity was still weak (Kerajaan ble for any re- tidak akan berundur walau satu sulting negative reactions. eration of Sanjiang Associations langkah pun dalam of Malaysia, the Federation of mempertahankan hak orang Melayu Members of the Suqiu group, like Fuzhou Associations of Malaysia, kerana kita sedar mereka ini masih David Chua, protested that they and the Huazi Research Centre. lemah). Indeed, he reiterated, there had been quoted out of context would be special rights for as long and misrepresented in the Utusan The usual “Chinese demands” as the Malays wanted them. Malaysia, but to no avail. The un- such as fair and equitable eco- ruly UMNO demonstration and nomic policy and The expression of support for Suqiu’s protest against its misrep- multiculturalism as the bases of Malay rights and privileges resentation were widely reported promoting national unity, the de- reached a climax when a group of in the Chinese newspapers the velopment of Chinese schools and some 300 UMNO Youth members following day. the improvement of Chinese new demonstrated in front of the villages constituted three of the 17 Selangor Chinese Assembly Hall The Origins of Suqiu demands. They also called on the in Kuala Lumpur on 18 August. authorities to restore constitu- It was on 16 August 1999, in the tional democracy and profession- A day earlier (on the first anniver- midst of political ferment and the alism in the police force, to uphold sary of the launch of its 17 Point mood of reformasi that the 17-Point human rights and justice, to ad- Election Appeal), the Suqiu (liter- Election Demands, subsequently vance the rights of women, work- ally “appeal”) movement an- presented as the 17-Point Election ers and the indigenous peoples, nounced that it would be pursu- Appeal, or simply, Suqiu, was and to provide housing for all. ing those Appeals, which it had launched by eleven Chinese or- submitted to the Cabinet just be- ganisations. In addition, they wanted the gov- fore the November 1999 general ernment to curb corruption, to re- elections. Utusan Malaysia (17 Au- The eleven were the United Chi- view privatization policies, to pro- gust 2000) reported that Suqiu of- nese School Committees Associa- tect the environment, to repeal the ficials had stated that it was ada- tion of Malaysia (known as Dong ISA and to safeguard the freedom mant in seeking to abolish the dif- Zong), the United Chinese Teach- of the press (for full details see AM ferent status between the ers Association of Malaya (Jiao 19(8), September 1999). Clearly, bumiputera and the non- Zong), the United Chinese Schools all these demands were in line bumiputera in all fields. Signifi- Alumni Association of Malaysia, with universal goals if not in the cantly, the report chose to high- Nanyang University Alumni As- spirit of reformasi. light only certain aspects of the sociation of Malaysia, Taiwan Appeals which it claimed touched Graduates Alumni Association of The eleven organisations’ initia- on bumiputera sensibilities. Malaysia, the Selangor Chinese tive caused a stir within the Chi- Assembly Hall, the Federation of nese community. Prior to the In their memorandum of protest Guangdong Associations of Ma- launch, they had approached the to Suqiu, the UMNO Youth lead- laysia, the Federation of Guangxi Federation of Chinese Associa- ers echoed the Utusan Malaysia’s Associations of Malaysia, the Fed- tions Malaysia (FECAM) and the

Aliran Monthly 20(7) Page 4 Associated Chinese Chambers of supportive of the BA. Although clared their organisations’ sup- Commerce and Industry Malaysia they endorsed the 17 Point De- port for the BN and for Dr (ACCCIM) to sponsor the 17 De- mands, they also launched a sepa- Mahathir’s leadership. These de- mands as well. However, the two rate “The People are the Bosses mands, they argued, could be pur- declined, ostensibly because the Declaration” (see AM 19(8), Sept sued after the elections, and in a FECAM elections were to be held 1999 for details). less aggressive manner, specifi- the following month and it was cally, via the BN Chinese minis- claimed that the involvement of Finding itself upstaged, the ters. the Selangor Assembly Hall FECAM insisted that it was the BN Parties Accepted would give undue advantage to rightful representative of the Chi- Suqiu its president who was going to nese community and questioned contest the elections. In fact, their the right of the eleven organisa- In view of popular Chinese sup- decision not to sponsor the De- tions in launching the Demands. port for the 17-Point Demands, the mands was probably because If the eleven insisted on going MCA, Gerakan and SUPP, voiced their leaders had developed close ahead, the FECAM in turn insisted their support for the Demands ties with the MCA and the BN that its own demands ought to be and made representations on be- parties and disagreed with the included. half of the Chinese organisations critical tone of the Demands. to the Cabinet. At a meeting on 23 Apparently, the appointment of a September 1999 with the original In the event, 2,095 of an estimated Chinese as a second deputy prime eleven organisations, the 4,000 Chinese organisations, big minister was one of the FECAM’s ACCCIM and the FECAM, the and small, endorsed the De- demands. The FECAM demands ministers from the three BN par- mands. The Chinese community were rejected not only by the ties publicly announced their ac- was clearly split between those eleven original organisations but ceptance of the document that, like the FECAM and ACCIM, by the Chinese media and the however, was now renamed which were pro-Barisan Nasional, Chinese-based political parties “Malaysian Chinese Organisa- and those in Dong Zong and Jiao too. tions Appeal for the General Elec- Zong (two of the original eleven tions”, or the Suqiu. organisations) who thought that Ironically, when its proposed in- the time was opportune to main- clusions were rejected, the Before the meeting, MCA Presi- tain a critical distance vis-à-vis the FECAM argued that although it dent Ling Liong Sik announced BN, and push for the realisation supported the original 17 Point that the Cabinet had considered of a two-coalition system in Ma- Demands, it would not endorse the Demands and appointed him laysia, without specifically en- the document since the Demands to head a special team of Chinese dorsing the Barisan Alternatif, the were too aggressive and ministers to meet the organisa- opposition coalition. amounted to pressuring the BN tions. He said that “none of the government on the eve of elections. issues had caused any contro- There was also a smaller group of In fact the president of the FECAM versy or were rejected by the Cabi- Chinese organisations that were and his ACCCIM counterpart de- net outright”. (The Star 23 Sept

Aliran Monthly 20(7) Page 5 1999). No Longer Easily Swayed. were initially confused as to why Chua and the Suqiu movement Following the meeting Ling clari- However, there is clear evidence were being wrongly accused of fied that Suqiu was “not a threat”. that Malaysians are no longer eas- threatening Malay interests. They “We feel that the principles are ily swayed by such race baiting. were familiar with Chua and the universal and can be accepted by Significantly, UMNO’s attempt to Suqiu group and thought the at- all…They (the Chinese associa- fan racial sentiments did not suc- tacks on them were unbecoming. tions) said the principles are ceed. In fact it backfired on two Confusion turned to alienation meant to benefit all races and not counts. and even anger when the Prime the Chinese alone”. He further Minister likened the Suqiu to ex- stated that the appeal represented First, Malay opposition leaders tremists and associated them with “99 percent of the Malaysian Chi- like Parti Islam SeMalaysia (Pas) the “communists of the past” and nese in the country”, that the BN president Fadzil Noor roundly the militant Al-Ma’unah extrem- parties and the Chinese associa- condemned UMNO for irrespon- ists in his Merdeka Day speech. tions agreed that they were “of the sibly playing with racial politics Mahathir had even suggested that same mind and objective” but that to distract attention from the na- the Chinese media had “sowed their approaches were different. tion’s ills and UMNO’s own prob- misconceptions among moderate He also clarified that the appeal lems. It is worth recalling that the Chinese.” On 11 September MCA did not contain any demand for a High Court’s decision to sentence president Ling Liong Sik made a second deputy Prime Minister to Anwar Ibrahim to an additional lame attempt to alleviate anxieities represent the Chinese community. nine years’ imprisonment had re- by claiming that the Prime Minis- sulted in much bad press for ter could not have been referring The Gerakan and SUPP leaders Mahathir throughout the world. to the Suqiu. expressed similar sentiments. There was also the sudden depar- They promised to hold further ture of Abu Hassan Omar as Never Been Better dialogues with the Chinese asso- Menteri Besar of Selangor just ciations and recommend that the weeks before. And there was the Despite the 1997-98 economic cri- government appoint a few repre- Sauk incident involving the Al- sis, and worsening ethnic conflict sentatives from these organisa- Ma’unah, whose resort to mili- elsewhere in the world, ethnic re- tions to sit in the NECC II. (Berita tancy was being interpreted by lations in Malaysia have probably Harian 23 Sept 1999; New Straits outsiders as a result of a crisis of never been better. The restructur- Times 24 Sept 1999) confidence in Mahathir’s leader- ing of Malaysian society as a re- ship. sult of the New Economic Policy How, then, did we get from cabi- partly accounted for the improve- net acceptance of the Suqiu to un- Nik Aziz, the Pas Menteri Besar ment in ethnic relations. For this ruly protests against it? of Kelantan, clarified that there the early Barisan Nasional lead- was no such thing as special ers should be credited for having In fact, there was no political cri- rights for Malays under Islam; cer- the foresight to push through the sis in August 2000 that threatened tainly none for a group of cronies. contentious NEP. the special position of Malays as Instead, there was an obligation enshrined in the Constitution. to help the weak regardless of But ordinary Malaysians them- There was only a crisis of confi- race. Syed Husin Ali, the Parti selves must be praised for accept- dence in UMNO - a major one. It Rakyat Malaysia chief, clarified ing the NEP and reaching a con- threatened the special privileges that Malays were granted a “spe- sensus on language and cultural enjoyed by a small group of cial position” under Article 153 policies. The underlying princi- UMNO and other non-Malay BN of the Federal Constitution; but ples of these policies are hardly leaders. Bankrupt of ideas, unin- there was no provision for Malay ever questioned nowadays. In- terested in genuine reform, special rights. (See accompanying stead, what is being questioned is UMNO resorted to its age-old tac- statements for details). how they are or have been imple- tics of racial politics to arrest its mented. For instance, to what ex- decline of support among Malays. Second, most Chinese Malaysians tent have affirmative action poli-

Aliran Monthly 20(7) Page 6 cies benefited the needy Malays Ling Liong Sik, MCA’s chief, who and to do another”. and other bumiputera rather than on the eve of the 1999 elections had a small coterie of Malays as well boldly stated that Suqiu “was not Working Together as non-Malays closely allied with a threat” and that the principles the BN? Or who has benefited underlying the appeals were “uni- What is the alternative? It is sig- from the privatisation policies and versal” and “can be accepted by nificant that while UMNO was the recent bailouts? all”, now sang a different tune. whipping up these ethnic senti- “Don’t be extreme in your de- ments, the BA leaders were organ- There is also no question about mands”, “Listen to the PM”, he ising their in their Forum Perdana the status of Bahasa Malaysia as now exhorted. “The PM’s advice (unity forum). Thus far, public the national language and Malay is pertinent, mature and borne out meetings have been held in culture and Islam as the basis of of his vast experience in govern- Seremban, Penang and Kuala national culture, or Islam as the ing the country”(The Star 25 Sept Lumpur. official religion; only whether 2000). enough opportunities are being However, many of us prefer to be afforded to non-Malays to prac- Meanwhile, the MCA Youth chief non-partisan. But that does not tice and promote their languages, declared that the Suqiu repre- mean we should not take a stand cultures and religions. sented the feelings of “certain in- on issues. More Malaysians dividuals and not that of the en- should join their counterparts of Under the circumstances, it is note- tire Chinese community” (New other ethnic and religious back- worthy, but not surprising, that Straits Times, 20 August 2000), grounds and work towards the Anwar’s supporters and the thereby contradicting what Ling, promotion of human rights, the reformasi-minded Malays formed his boss, had stated a year ago women’s agenda for change and a multi-ethnic party, Parti when he said that the Appeal rep- environmental protection. We KeAdilan Nasional, which played resented “99% of the Malaysian should be in the forefront of the an important role in the formation Chinese.” Lapse of memory? Or struggle for monthly wages, im- of the Barisan Alternatif just prior was it because the elections were proved working conditions for es- to the November 1999 general elec- over? tate workers, and stronger hous- tions. And in spite of the BN’s ing rights for urban pioneers. attempts to fan racial sentiments Ethnic relations must be handled during the electoral campaign, no with care. No one is suggesting that We should throw our collective racial incidents occurred. “aggressive” approaches be un- weight behind the citizen’s health dertaken. But is talking to govern- initiative, which is fighting for af- Cakap Tak ment representatives the solution? fordable and improved health serv- Serupa Bikin ices. The more artistically inclined When you think through this re- among us should try to create an As UMNO’s latest attempt to cent unsavoury episode, and alternative theatre and popular whip up support through race when you recall how the BN par- culture. We should also try to initi- baiting backfired, and anxieties ties did not hesitate to fan racial ate alternative educational pro- waned, Mahathir reportedly ad- sentiments in the 1999 elections, grammes and to promote dialogue vised the Suqiu that it should not you begin to wonder: what’s the with people of other faiths based “make public statements because point? At any rate, as the MCA’s on universal spiritual values. this can cause a lot of irrational volte face (turn around) in this action”. Rather, Suqiu and others Suqiu episode indicates, they are All these efforts will tie us together who have problems of an ethnic prone to promise a lot, and then and make it harder for desperate nature should “go to representa- do just the opposite. The BN par- politicians to stoke racial fires. tives of the Chinese community in ties love to declare that the oppo- Undoubtedly, they will also pro- the government at state or na- sition parties are: “All Talk, No mote the social and political tional levels...Go and talk to them Action”. In this case, the BN par- change that Malaysians of all eth- quietly” (New Sunday Times 24 ties might be accused of cakap tak nic and religious backgrounds Sept 2000). serupa bikin, or, “to say one thing desire - and deserve. q

Aliran Monthly 20(7) Page 7 COVER STORY Special Position of Malays Although “Special Position” is embedded in the Federation Constitution, it does not mean that it cannot and should not be reviewed for all time. by Dr Syed Husin Ali

arti Rakyat Malaysia ing, services, scholarships, per- start with, could be amended. If (PRM) notes with con- mits and licenses etc. It is interest- not, then the article can be re- PPP cern that certain media, ing to note that article 153(9) tained. There is no harm in a level- especially in the Malay stresses that “Nothing in this ar- headed discussion or rational re- language, have been playing up ticle shall empower Parliament to view of the matter. The danger is the issue on “special rights” of restrict business or trade solely for when such discussion or review the Malays. They have seized the purpose of reservations for is injected with unnecessary and upon the opportunity to do this, Malays and natives of any of the dangerous racial motives or following a statement made by states of Sabah and Sarawak”. threats to serve certain narrow David Chua, Deputy Chair of the and selfish political agendas. National Economic Council II It is well known that the “special (NEC or MAPEN II). Their hidden position” policy was originally We consider that there should be intention seems to be to arouse the introduced with the prime pur- a start in some rethinking of the sensitivities of the Malays on this pose of helping to alleviate the nature and implementation of the matter, thereby hoping perhaps to condition of the Malays economi- Malay special position policy. mobilise support for UMNO, cally, socially and educationally. Firstly, it has now been increas- which is presently waning among At that time the majority of Malays ingly used or abused to enable a the Malays. A number of UMNO were poor and lagging behind in selected circle of people close to ministers and leaders have come business, industries and the pro- the most powerful in the country out strongly in defence of the fessions. It was a policy of posi- to accumulate wealth for them- Malay “rights”. Some even goes tive discrimination that was ac- selves. In the name of the Malay to the extent of alluding to the cepted as wise and desirable for or Bumiputera special position or danger of the May 13th Incident achieving socio-economic balance privilege, a small group of people recurring, if these “rights” were among the various ethnic groups has become wealthy and power- to be removed. in the country. Such balance is ful through corruption, cronyism considered to be an important pre- and nepotism. This group is not It must be stressed here that con- condition for maintaining inter- confined only to the Malays but is stitutionally there is no such term ethnic harmony and establishing multi-ethnic in composition. This as “Malay special rights” (or “hak national unity. practise must stop. We should re- istimewa orang Melayu”), as used turn to the original objective of so often by these media and lead- Although the Malay and native serving primarily the interests of ers. The Federation Constitution, “special position” is embedded in the poor and disadvantaged in Article 153 refers to “the spe- the Federation Constitution, it Malays, who are in the majority. cial position of Malays and na- does not mean that it cannot and tives” of Sabah and Sarawak, should not be reviewed for all time. Secondly, everyone knows that it which is the responsibility of the Many things have changed in the is not just the Malays who are poor of the Yang di-Pertuan Agong to country since it was introduced. and disadvantaged. There are safeguard. The special position Certainly, if found to be suitable also Chinese, Indians and indig- (or “kedudukan istimewa”) relates and reasonable, some clauses in enous communities who are in to “reservation of quotas” regard- Article 153 of the Constitution, to this unfortunate category. They

Aliran Monthly 20(7) Page 8 are also citizens of the country.

Focusing only on the Malay poor A Demonstration and disadvantaged groups, and neglecting their non-Malay coun- Of Bigotry terparts, can and has caused much ethnic dissatisfaction and tension. Therefore, there is need by Dr Kua Kia Soong now to extend the special position clause to include other ethnic groups who are also poor and dis- advantaged. In other words, any policy to provide economic sup- port and help (including issuing of permits and awarding of schol- arships) should be based on ne- cessity.

Of course merit cannot be totally excluded, but it should be consid- ered when other factors are equal. For example, in the award of scholarships, while merit admit- hen the Malaysian Chi- committee for monitoring tedly needs to be recognised, we nese organisations these demands must be con- cannot consider only this factor WWW when comparing students from submitted their elec- gratulated for reminding the different backgrounds. For in- tion demands for en- government and the public of stance, the achievement level of a dorsements by the political its mission. This is an exem- poor student from a kampung, parties prior to the last general plary exercise of active democ- estate or squatter area with poorly elections in 1999, these de- racy to show Malaysians that equipped schools and who can- mands were praised by other democracy goes beyond vot- not afford private tuition, will gen- non-governmental organisa- ing once in five years. erally be lower than his counter- tions for their non-communal part from a rich family, an elite approach to Malaysian prob- UMNO Youth’s Demo school and having good tuition lems. facilities. So, these factors have to be taken into account. UMNO Youth’s demonstration In all, 2,095 organisations have last Friday (18.8.2000) at the The point is that, while reserving endorsed these demands while Selangor Chinese Assembly special position for the Malays/ political parties in the Barisan Hall to protest against the Chi- Bumiputera, there should be no Alternative as well as MCA nese organisations’ election neglect of their counterparts who and Gerakan agreed “in prin- demands has again exposed are also in poor and disadvan- ciple” with the demands. the bigotry and obscurantism taged conditions. There should of the ruling party on these is- not be any worry over this, be- Nobody questioned their ab- sues. Their continual harping cause at present the poor and dis- solute democratic right to raise on “Malay Dominance” advantaged Malays are in the these demands since we are (Ketuanan Melayu) has been ech- majority anyhow. What we should worry more about is the supposed to be a democratic oed by some of the Malay-lan- abuse of the Malay special posi- country. guage press as well. tion to satisfy the greed of a pow- erful few, rather than serving the Now on the first anniversary The supposedly “offensive” needs of the weak majority.q of these election demands, the demand reads:

Aliran Monthly 20(7) Page 9 “ 1) Promote national unity like stormtroopers over this Through the years the Malay issue was in 1987 during the poor have been robbed by National unity must be based on first serious crisis in UMNO cynical manipulators who have the interests of the Malaysian when Semangat 46 had split hijacked the New Economic masses and not on racialism. from UMNO. It was also about Policy for their own interests, Unity and solidarity can only be the time that Abdullah Ahmad a phenomenon aptly described forged in an environment in which Badawi made his infamous as pagar makan padi. there is equality and non-discrimi- Ketuanan Melayu speech. nation: “The fascist obsession with race It is not surprising that with and the metaphysical state has • Enact a Race Relations Act to the current even more serious been discredited in today’s ra- combat racism, racialism and crisis in UMNO precipitated by tional world community con- race discrimination and insti- the Anwar spectre, we again cerned more with uncovering tute a Race Relations Commis- see UMNO Youth the social origins of injustice, sion; stormtroopers on the march dictatorship and inequalities.” championing Ketuanan Melayu. (Kua Kia Soong, “Will Ration- • Affirmation action should be based on the protection and en- The Federal Con- hancement of the status of the stitution is an weaker sectors and not on race, agreement on the social background and religious need to safeguard belief; the position of Malays by special • Take steps to abolish the provisions to im- “bumiputera/non-bumiputera” prove their socio- distinction in the public economic position. realm... ” This includes strict stipulations of a The other demands include reasonable pro- measures to enforce genuine portion of posts in the public ality Triumph?” in K Das: democracy, human rights and services, permits to engage in Malay Dominance? The justice, curb corruption, fair business, scholarships for edu- Abdullah Rubric, 1987:122) and equitable economic policy, cation. review the privatisation policy, Malaysians should be re- progressive education policy, There is no such guarantee of minded that 2001 is the United multi-cultural approach, pro- “Malay dominance” in the Nations’ Year Against Racism. tect the environment, modern- Constitution and UMNO It would be worth the while of ise New Villages, housing for Youth would have to produce the ruling party of this land to all, protect women’s rights, a a legal Houdini to conjure up take note if we are to make fair media, restore confidence the twisted interpretation. any pretensions of taking part in the police, upgrade social in such international human services, respect rights of This provision for “Malay spe- rights fora. q workers, provide for indig- cial privileges” in the Consti- enous peoples. tution is intended to improve the position of the poor and the Dr Kua Kia Soong is the act- Stormtroopers less well-off Malays and not to ing principal of New Era Col- further enrich the Malay elite. lege and a director of human It is worth noting that the last I do not think any non-Malay rights group Suaram. time UMNO Youth behaved objects to such an objective.

Aliran Monthly 20(7) Page 10 COVER STORY Transcending Communalism PAS has no desire to be dragged into racial politicking

ational politics contin- lowed Deputy Chairman of NN ues to be turbulent. MAPEN II, David Chua’s alleged NNN Small wonder that peo- questioning of the special rights ple are deluged with of Malays. confusion and disturbance; at the same time outraged and fed-up. An extremely strident UMNO Confused and disturbed because Youth then came out with a memo- what had been alleged by some randum dismissing the appeal as leaders of UMNO and its control- being malicious and seditious led media about the disunity of and subsequently warned that, Malays and their loss of su- “UMNO Youth will not be re- premacy does not cut any ice sponsible if Suqiu’s reaction pro- within the context of present real- vokes ethnic estrangement that ity. Outraged and fed-up because threatens national security.” Fur- everything exposed on govern- ther, the movement unashamedly ment abuse, corruption and dis- proclaimed that they “represented sension has not been brought to the conscience of the Malays and judgement, while punishments Bumiputeras, who, all over the theme, “PAS Leads the Way to imposed on political enemies have nation were urging that Suqiu Unity (PAS Memimpin been heavy-handed and down- withdraw and apologize openly Perpaduan)”. PAS’ struggle, based right vicious. The people continue and not take them for granted by on Islam, unequivocally upholds to be afflicted by uncertainty hence playing with the fire of racialism.” the notion of tolerance (al- giving rise to an immense crisis of Two demonstrations were held, muruunah) and justice (al- confidence against all forms of one on 17 August in Putra Jaya ‘aadalah), as it exists in a plural government institutions. Clearly was witnessed by a misty-eyed nation, replete with the sensitivi- the UMNO/BN government has Prime Minister; though we have ties of differing races, religions and lost all its authority and legitimacy yet to ascertain the real reason for cultures. to lead the nation. the tears. Another demonstration was held on 18 August at the I would like to reiterate what has Recent political developments Selangor Chinese Assembly Hall. been stressed earlier by the Spir- have once again triggered a sense We are in the dark as to whether itual leader (Mursyidul Am) of PAS, of public confusion and discom- police permits were obtained for and the Deputy President of the fort. This time around, the issue is the two occasions. party through their media broad- the 17-Point Elections Appeal casts that the question of special submitted by the Chinese Asso- PAS views these latest events se- Malay rights has already been ciations of Malaysia (Suqiu) at the riously. PAS’ commitment to na- provided for by the nation’s Con- Selangor Chinese Assembly Hall tional unity and harmony has stitution. In fact it is hard to imag- on 16 August 2000. The Appeal, been manifested by its actions. ine anyone challenging this pro- among other things touched on This pledge has been renewed at vision as claimed by UMNO the status of Malays and its recent General Assembly Youth. This has been clarified by Bumiputeras. Suqiu’s appeal fol- (Muktamar) which had as its Saudara David Chua and

Aliran Monthly 20(7) Page 11 Saudara Ser Choon Ing, secretary people about ‘our rights’ when we and the BA, on the one hand, of Suqiu. The Affirmative Action are not ready to fulfil promises and UMNO and the BN, on the policy that is referred to in Appeal and obligations entrusted upon other. PAS and the BA have no 2.2 aims to provide protection and us. If UMNO Youth’s demonstra- desire to be dragged into the upliftment for the least advan- tion of ‘Malay conduct’ and ‘self- tasteless polemics and agenda taged members of society regard- integrity’ is anything to go by, of “Unity in Racism” touted by less of religion, race and social Malays would dread being repre- UMNO and the BN. backgrounds. As a policy it would sented by them. Further, as shown be untenable for anyone to reject by the results of the last election, Having said that we remind the the principle behind it as poverty UMNO needs to be reminded people that “the BA is grounded cuts across all races. The princi- time and again that it is not on principled politics transcending ple of justice demands that only qualified to represent the ma- race and communalism, while the the weak be defended and pro- jority of Malays in the country BN is a manifestation of the poli- tected, no matter what race or so- anymore. There is no need for tics of racial and communal inter- cial background he/she comes UMNO to champion the ests”.ests”.ests”. from. PAS feels that what is con- agenda of Malay unity, what tained in the Appeal is pertinent more with its attitude of arro- Dato’ Hj. Fadzil Mohd. Noor and appropriate in achieving this gance and brutishness. Herein Presiden PAS goal. Suqiu has urged all political lies the divide between PAS 18th August 2000 parties to cease manipulating the issue lest national unity be jeop- ardised. In its repeated appeal, Suqiu’s press statement has been ‘Special rights’: aptly titled, “Special Malay Rights are not being Questioned”. No Such Thing In Islam

PAS is unable to fathom why The question of rights for a cer- UMNO and its Youth Wing are tain race does not arise at all, adamant about politicising the The poor whether they are issue despite the clarity and sin- Chinese, Indians or Malays cerity of Suqiu’s and David should all be given attention. Chua’s explanations. PAS feels that it is unbecoming of UMNO to The whole issue is about pov- continue with its polemical antics. erty.... Islam looks at people ac- This will only confirm the peo- cording to their economic sta- ple’s jest that UMNO is merely full tus, not race. A poor Chinese of hot air and its bark louder than is the same as a poor Malay. things when some sections of its bite (cakap tak serupa bikin). Thus, the problem is not be- the population can hardly UMNO trumpets the call for the cause someone is Malay, but have two meals a day. people to unite but it is the real rather, the problem is because culprit, responsible for tearing off he is poor. the nation’s unity. Unity cannot If I am not mistaken, even the be forced upon people, neither can The poor should be given all prime minister himself had it be controlled by the instruments the help they need, and this is hinted at times that only of law. Unity is nourished and fos- something demanded of by Is- when the special rights is tered through understanding and lam. abolished will the Malays be q trust. truly progressive. That is why I can’t accept Unity will not be achieved by ex- when the country’s leaders Source: tortion, intimidation and violent waste money on luxurious www.harakahdaily.com reprimands thrust upon other

Aliran Monthly 20(7) Page 12 COVER STORY

An Open Letter To The Prime Minister We Are Upset And Disappointed

e are very upset and dis- tions are being carried out espe- WWW appointed with your cially among the poor and speech to mark Merdeka among those who are not Day this year. We UMNO-cronies to divert the at- strongly condemn your accusa- tention of the Malay masses from tion that Suqiu is an extremist and their disenchantment with chauvinist organisation. By liken- UMNO. It is becoming increas- the joint effort of many quarters of ing their demands to the Commu- ingly clear that Malay special Malaysian society. This struggle nists’ demands and alleging that rights are being used to enrich is not the sole domain of the cur- they are challenging and trying to the “rich UMNO-corporate- rent ruling parties. Instead it was abolish Malay privileges in this crony” class, rather than for the a common struggle in which many country, you are making totally benefit of the poor Malay class common citizens participated and baseless allegations. and even the non-crony Malay for which many sacrificed their middle class. UMNO is losing lives during the British and Japa- First, we are extremely disap- its legitimacy in trying to prove nese imperialist occupations. pointed with the childish and that it is the only legitimate body Over the years, many of these na- provocative actions of that protects the Malay commu- tional liberation fighters were por- UMNO Youth. They have acted nity, especially the Malay major- trayed as being extremist and na- without first taking up the offer to ity that is poor. The Malaysian tional enemies by the British dialogue with the committee of people can see clearly who colonizers and the British-backed Suqiu. They are playing up this UMNO is protecting in the name local classes in Malaysian society. issue as though Malay rights are of the Malays. We therefore Many nationalist fighters were being threatened when in actual strongly reject all this propa- detained under draconian laws fact their motive is to project a he- ganda aimed at fanning racial such as the ISA. These laws have roic image of UMNO to impress sentiments and deepening mis- continued to be used against peo- the majority of Malays who have trust among people of various ple who have questioned the gov- lost faith in UMNO. We strongly races so that UMNO and you ernment after independence. The deplore this type of crude racist, Prime Minister can legitimize present government clearly seeks chauvinistic politics that is being their power. to preserve the heritage that it in- used to garner political support. herited from the British colonial After the crisis of confidence in We wish to reiterate that the in- powers. In conjunction with UMNO among Malays following dependence struggle is the com- Merdeka Day, we denounce all the arrest and victimization of mon struggle of people and is not draconian laws in the country es- Anwar Ibrahim, UMNO is now to be limited to the struggle of the pecially the Internal Security Act, desperately trying to regain its lost current ruling party: Merdeka the Printing Presses and Publica- support. Day is a day of national liberation, tions Act, the Universities and freedom and independence. This University Colleges Act, and the Provocative and distorted ac- national struggle is the result of Trade Unions Act.

Aliran Monthly 20(7) Page 13 We wish to remind the Malaysian be a platform for you to give a po- who have different views from people that hundreds of people litical speech to garner more sup- you. The power that you are hold- have been detained under the ISA, port for your party. You clearly ing currently is the result of the especially during Operasi Lalang used your speech to attack oppo- mandate of the people for you to in 1987. The line that is being sition forces, both in political par- govern the nation in the best in- propagated by UMNO and you ties and in civil society groups. We terest of all Malaysians, especially today - that the country is being expect a mature statesman like the for those who are poor, threatened by of communists Chi- Prime Minster to convey his vi- marginalised and in need. But, nese chauvinists and Islamic ex- sion of how workers, Orang Asli, after almost a year of being in tremists - was used then to justify farmers, peneroka bandar (urban power, the ruling coalition is con- the use of the ISA. The internal pioneers), women and other tinuing to ignore its own weak- UMNO crisis, the economic crisis marginalised communities can be ness. Instead it seeks continually and the growing support for the liberated and freed from their cur- to suppress the voices of discon- Malaysian opposition parties in rent problems in earning a living. tent from various quarters - from 1987 resulted in a spate of arrests. It is a time for the Prime Minister the opposition parties, NGOs, We are strongly against the use of to harness the energies of the media and the legal profession - similar tactics by the ruling class democratic institutions of Malay- who are asking for the restoration to try to save themselves and their sia to protect the people and to of the social contract. The govern- wealth in the face of an economic eradicate the serious crisis of cor- ment is the servant of the people. crisis and a crisis in UMNO ruption, nepotism and cronyism Its role is to protect the rights and in the ruling party. But we did not interests of the people and not to We are greatly saddened that expect a speech that promoted safeguard the interests of the rul- you have stooped so low so as hatred among the races, intimi- ing elite only. to threaten the Muslims, many dated citizens, and attempted to of whom are Malays, in Malay- silence those who are against in- Finally, we call upon all peace- sia by quoting, “They have for- justice. loving, non-chauvinistic gotten Allah’s promise that the Malaysians to oppose any ele- ungrateful will not receive bless- After 43 years of independence, ment that tries to destroy the har- ings and the punishment of God the message is clear to the leader- monious ethnic relations and will be very painful” (NST, ship of the current ruling class national unity in the country. We 31August 2000). The Merdeka who are in government now. They call upon people to struggle for speech by the Prime Minister are not indispensable and they true democracy and social jus- has always been one of hope cannot always hide their own tice and not just to stand for the and strength for the people of mistakes and weaknesses. They interests of their own small Malaysia but this time it is col- will not be able to always silence groups. The independence of oured with threats and false in- their critics. The government is Malaysia is only meaningful in nuendoes. When pushed to a being asked to be accountable for the true sense when we no corner, this government dis- their actions not only by their longer live in fear under an un- plays dangerous tendencies. former critics but also by people just system protected by draco- The government has repeatedly who were once among their nian laws. shown a lack of transparency in strongest supporters. many of its endeavours. Merdeka! Freedom from The Social Contract between the cronyism, nepotism, corruption, Independence Day is a day that is Government and the People is not and chauvinism. celebrated by everyone regardless being respected. We would like to of ideology, party background remind the government and you Uphold the sovereignty of the and religious belief. Hence, your that your success in the last elec- Malaysian people! speech should have addressed the tion is not a ticket for absolute aspirations and real issues in power and does not mean you can Peoples’ Manifesto Initiative Malaysian society. It should not ignore the interests of the people 6 Sept 2000

Aliran Monthly 20(7) Page 14 HUMAN RIGHTS Justice And Human Rights by P. Ramakrishnan

his Workshop suggests TTT that the movement for the protection of human rights in Malaysia has reached new levels of public conscious- ness and inter-organisational co- operation.

We are well aware, for example, that the recently established Suhakam, the National Human Rights Commission of Malaysia, would not have come into being were it not for a heightened pub- lic consciousness regarding the human rights situation in the country. become so as we watch — al- On the other hand, we have seen But we know, too, that neither the though we have not just watched how reluctantly, or how lightly, if fact of Suhakam’s existence nor its but striven to counter as well — it happens at all, the government operations, which are only begin- the steady erosion of the rights brings powerful figures and sus- ning, can guarantee that the hu- and liberties which the federal pected perpetrators of abuses of man rights cause to which we are Constitution guarantees all citi- human rights to justice. committed will be enshrined in zens. principle and observed in prac- I’m sure I don’t need to regale the tice. Unfortunately, as none of us here participants in this Workshop really needs reminding, our con- with other instances of the abuses Co-operation Needed stitutional rights and liberties of power that have had tragic con- have been increasingly under- sequences for many, many citi- For that to take place, for human mined by a flagrant abuse of ex- zens. In these part two years, the rights and civil liberties to be truly ecutive power. case of Anwar Ibrahim has un- respected in this country, the doubtedly been the single most NGOs and individuals who be- At their worst, these abuses of disturbing case of the abuse of ex- long to a long and noble tradition power have resulted in the arrests ecutive power. of standing up for the protection and maltreatment of peaceful of human rights must strengthen protestors, police assaults on This situation isn’t helped at all and broaden their cooperation. peaceful demonstrations, harass- by the inability or unwillingness ment of opposition leaders after of other branches of government I’m sure I merely express your the general election, the closure of to provide checks, balances and thoughts if I say that that coop- popular ‘alternative’ magazines redress. Over the years, executive eration has become urgent. It has and periodicals, and so on. transgressions against our consti-

Aliran Monthly 20(7) Page 15 ation, but — and this must always be our guiding goal — do what it takes to gain justice for those who suffer from violations of human rights and civil liberties.

This goal must constantly inspire the work of human rights activ- ists in Malaysia because we not only face a serious erosion of hu- man rights and civil liberties but the erosion has also not been ar- rested by the system of adminis- tration of justice.

For several years now, we have seen with what impunity those in tutionally guaranteed rights and rights situation in Malaysia today positions of political, commercial liberties have been on the rise as is not as dismal as in some other and bureaucratic power can act they have become virtually un- countries, it is entirely due to the to shield themselves from public challenged. courageous and exceptional ef- scrutiny of their wrongdoings. forts of those who have occupied As a result, the executive consid- the front-line of the fight for the We have seen to what lengths ers itself at liberty to ignore even preservation of human rights in those with power and influence as basic a right as the right of citi- our country. have gone to employ prosecution, zens to be accurately informed censorship and harassment to about the conditions of the haze Hence, I am very much encour- curtail the rights of ordinary citi- that has serious implications for aged to be among so many NGO zens to universally accepted public health — which is a non- activists who are here today be- standards of freedom of speech, security, non-political and non- cause of a shared commitment to association and assembly. partisan matter. explore practical ways and means of advancing the cause of human Consequently, Malaysians en- In the name of transparency, let rights protection in this country. counter a form of double jeopardy. me inform you — so that, unlike Never before have we experienced the Prime Minister, you don’t It is fitting, moreover, that this a higher rate of human rights vio- have to learn it from supposedly commitment should be channelled lations and never before have we subversive foreign anti-Malaysian towards learning new knowl- detected a lower public confi- sources — that the haze we suf- edge, methods and techniques dence in the system of adminis- fered in Penang last week was that will properly equip us for the tration of justice. very bad and it wasn’t just a one- challenging tasks of disseminat- day affair. ing critical information on the It is, therefore, incumbent upon human rights situation, investi- human rights activists constantly But I don’t want to exaggerate gating human rights violations, to affirm that when we speak of how much the executive can get and working for their rectifica- human rights, we speak of justice away with violations of human tion. in the same breath. And when we rights and civil liberties. refer to any human rights viola- Not Just Talk But Do tions, we most definitely refer to Many individuals and organisa- an injustice which most urgently tions, having limited resources It is fitting that we must not just cries out for redress. and little power, have challenged talk about human rights, or even those violations. And if the human understand the human rights situ- As Mary McCarthy once said,

Aliran Monthly 20(7) Page 16 “An unrectified case of injustice has a terrible way of lingering rest- lessly in the social atmosphere like an unfinished question.”

No East Versus West

Let us all be perfectly clear. When we speak of human rights, we musn’t be divided by those who commit injustice but talk end- lessly of Eastern versus Western values.

We musn’t be distracted by those who oppress our fellow citizens in the name of defending local as opposed to foreign perspectives. rule of law that not only works but knowledge and competence in truly works for justice! techniques of analysis, methods We mustn’t split hairs in imagi- of investigation and means of nary debates with those who sub- It has become a truism to say that communication — between the vert justice by substituting sup- fewer and fewer Malaysians be- victims of human rights violations posedly more realistic ‘national’ lieve that we live by, and are and human rights activists, standards for supposedly higher judged according to, a rule of law among activists themselves, and ‘international’ standards. which accords all citizens equal between, say, NGOs and the na- and just treatment and protection. tional human rights organisation. For us, the only truly acceptable human rights values, perspectives Instead more and more Let me humbly say that the Work- and standards must exactly be Malaysians regard themselves to shop Organisers and session those that are dedicated to protect- be vulnerable before a rule by law facilitators are far better placed ing the fundamental rights, secu- which has been cynically ma- than I am to discuss such issues rity and dignity of all human be- nipulated by those in positions of in detail. ings. power. But I shall be bold enough to pre- In their totality, and for any soci- Reverse The Decline dict that after the next few days, ety, those rights, forms of security In our present context, then, if we Workshop participants in particu- and dignity must at once be eco- want to reverse the decline in the lar will come away with valuable nomic, political, social and cul- human rights situation, we must insights and lessons which will tural. simultaneously reverse the de- serve as the invaluable tools for a cline in our public institutions. As continuing campaign for the pro- Wrongs are wrongs! And rights any ‘silenced Malaysian’ will tell tection of human rights in Malay- are rights. Or, as Pope John Paul II us, our core public institutions no sia. q once proclaimed, “Only a socially longer serve as checks on execu- just country has the right to ex- tive abuses of power. ist.” P. Ramakrishnan, Aliran To carry out either of those press- President, delivered this ad- But at the same time, human rights ing tasks requires commitment, dress at the National Human can only be enshrined in princi- dedication and courage - most cer- Rights Workshop organised ple and observed in practice if tainly. by HAKAM and ERA on 27 they are upheld, protected, and, July 2000 in Kuala Lumpur indeed, promoted by a system of But those tasks will also require

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Aliran Monthly 20(7) Page 18 no pressure ...I must retire some day but not so soon... I will do it but I’m not ready yet. Don’t push it ... then I will fight it.”

If Malaysia were to eve host the Olympics, we can definitely propose a couple of events: verbal gymnastics and political callisthenics! Q Q Q Q Q

Foot-In-The-Mouth

Still on the subject of semiot- ics, we saw how Dr. Mahathir has become increasingly prone to patently unsubstantiated Gobbledygook And sandiwara. The literally tight- verbal outbursts of late. While Doublespeak lipped MCA leader muttered that’s quite predictable and something about the decision normal for the doctor, what is Of late our political leaders being “final” and actually “re- rather disturbing is the unwill- have taken to doublespeak signed” his cabinet post (re- ingness (or is it inability?) to with great aplomb. Take the member?) but bounced back explain what he really means issue of politicians quitting, into his seat seemingly un- by his statements. In the past, retiring, stepping down etc. scathed after taking a breather defending a statement has The prime minister has yet in Perth. We should have never been the PM’s problem. again stated for the umpteenth packed the good man off to the I do hope it’s not a case of the time his intention to yield Sydney Olympics for a new deterioration of cerebral func- power to his deputy and con- event called “political tion. Defending his red-baiting centrator on the party, but callisthenics”. Suqiu allegations to journalists every new pronouncement at the Gerakan do in Penang, brings us no closer to the Now another leader promises Dr. M declared: event. Concentrate on party us more of the same sandiwara! work, did you say? Perhaps Rather predictably Gerakan’s “I have explained the situation “Life President” would be a Keng Yaik has announced his to the (Gerakan) delegates and convenient post for that kind intention to quit his cabinet po- I have told them why I said so. of work? Some rumours also sition and focussd on his job as I don’t have to tell you. ...I have it that the post of “Gov- president of the party. How- have met them (Suqiu) for a ernor of Putra Jaya” remains ever, the Gerakan’s leader discussion and they have clari- open. That could be another truly takes the cake when it fied their position. I won’t say possibility. But for Pete’s sake, comes to gobbledegook. The more than this.” let us have a timeline! irrepressible, self-confessed sa- liva-splurging Keng Yaik Another ‘retiring’ personality Following His Master’s Voice, blurted out to journalists: from south of the border has Liong Sik entertained been more forthcoming in ex- Malaysians for awhile with his “Very soon, I hope, I can relin- plaining his foot-in-the-mouth now-I-will-now-I-won’t-resign quish the minister’s post and outbursts. After declaring the charade but remains firmly concentrate on the party...This Anwar event an “unmitigated ensconced as MCA chief after is not a dramatic resignation disaster” he was then very an act or two of Teochew exercise... So no dramatics and swiftly at pains to explain what

Aliran Monthly 20(7) Page 19 he meant or didn’t mean to evidence of this” (phew!) ecessor of lore, Ani Arope re- journalists the very next day. signed in a huff and puff not His “unmitigated” statements After opening the 29th Gerakan so long ago but in more elec- supposedly meant that the dis- National Delegates Conference: trifying circumstances, one aster was only with regard to might say. He had borne the the use of the ISA on Anwar “They never comment when I brunt of Malaysia’s worst elec- and the government not imme- work practically 24 hours a trical blackout to date. diately setting up an independ- day. In one day, I work a mini- ent commission of inquiry af- mum of 16 so if you add up the An apocryphal joke goes that ter the black eye incident. 8 hours extra that I have Ani supposedly passed three Good try, Mr. Lee! worked for the government envelopes to Ahmad, with in- every day for the past 19 years, structions that they should be When animals get foot-and- they will know that I have been opened in sequence, and only mouth disease, it’s bad news underpaid. If I claim overtime in the event of a blackout. In in one sense. But then again, it and add that up I think the the first envelope, Ani allegedly means we have to…apa nama? government owes me millions wrote: ‘Blame Your Predeces- (what’s the word?)… “cull” the of dollars.” (cheap skate!) sor.’ The contents of second infected ones and rear a brand was briefer: ‘Blame God.’ (Re- new breed. But when humans Answering questions on the member Samy Velu’s ‘Acts of are afflicted with foot-in-the- withdrawal of the Trenggannu God’ explanation of the 1992 mouth disease, what do we oil royalty at the Universiti blackout.) The final envelope do? Malaysia Sabah, Kota Kinabula: contained the words: “Prepare Q Q Q Q Q Three More Envelopes.” “Every race must sacrifice a lit- More Mahathir tle of its rights. Every race must But seriously, when are the Gobbledygook also feel disappointment. No truly bad guys in business ever one will get all that he thinks going to the electric chair? More on the slide of our great is his right, no one will lose all leader into semiotic that he has a right to.” (I fail A certain Halim was again doublespeak. According to a to fathom the profundity). bailed out this time to the tune columnist, ucapan-ucapan yang of RM3 billion. Danaharta, semakin bercelaru was more than “We are convinced we have Malaysia’s national debt re- evident in the past month, as every right not to give this spe- structuring agency, has now witnessed below. cial payment. It’s a kind of gift taken over the 3-billion ringgit which is not an oil royalty al- loan of Hong Kong’s Hottick In his speech at conference on though this has been done on Investment, a company used by “Role of Media in Nonaligned a regular basis” (and the Halim as a vehicle to take over Countries”, Shah Alam: Trengganu people have every Philippines’ National Steel right to dump you! Hmmm, Corp (NSC), which is on the “It (media) must not have an interesting concept - regular verge of liquiidation. The lend- agenda of its own. This is be- angpows based on a fixed per- ing banks are Malayan Bank- cause when it has one, its re- centage of oil revenue) ing, RHB Bank, Bank porting will be biased and Q Q Q Q Q Bumiputra and Commerce As- truth will go out of the win- set-holding Bhd. dow.” (NST and Utusan?) Electric Chair What rankles in such corporate “It is not right for reports about The resignation of Ahmad rescue jobs is that the govern- Malaysia to be qualified with Tajuddin from Malaysia’s blu- ment doesn’t bat an eyelid ‘where the media is censored’ est chip of companies has led when billions of ringgit of tax- but it is right to make a factual wags to refer to this CEO seat payers are foregone for the report on the censorship of the as the hottest in the country, benefit of one or two cronies press in Malaysia giving real yes, the electric chair! His pred- — yet another case of socialis-

Aliran Monthly 20(7) Page 20 ing private debt. range fast assault boats miss. Now, now children....

The bailout is all the more in- All this war-preparedness Gerakan has passed a resolu- defensible and unethical when comes long after the second tion calling on the government we consider that the Mahathir round of abductions of three to let the CJ - instead of the PM government has refused the Malaysians. Is this a case of too and the Conference of Rulers - payment of RM810 million in much too late? Meanwhile, select all judges and suppos- oil royalty to the Terengganu Minister of Tourism Sheikh edly this should solve the people despite Petronas’ hon- Fadzir told a CNN interviewer problem of the independence ouring the agreement for the recently that Malaysia is still of the judiciary! Who appoints past 25 years. Shame! very safe for tourism and all the Chief Judge, stupid? Q Q Q Q Q we are dealing with is a small band of brigands on some iso- By D.L. Daun Overkill lated islands. Will the Minister Q Q Q Q Q of Truth, whoever he is, please A La Malaysia? tell us what the real situation is? Hearty And Strong The Abu Sayyaf kidnappings Q Q Q Q Q Expect Sanusi Junid to appear have put Malaysia on a war in court on Oct 3. He’s defi- footing. Newspaper headlines Flying Justice nitely recovered from his “ver- blared that the Prime Minister The legal pugilistics between tigo with tinnitus”, which pre- has announced that all illegal the CJ and Minister Rais con- vented him from attending immigrants from the Philip- tinue to pepper the pages of the court to face charges of alleged pines will be treated as “war mainstream press. And they assault of two MAS employees. refugees”. Not to be outdone had to pick on children for their by the PM, Defence Minister fisticuffs! The CJ insisted that Sanusi was sighted walking Najib Razak has declared that juveniles could be housed in about briskly in Bayswater, more troops will be deployed police lock-ups if an area does London on a cold and very wet in Sabah and that the military not have a “proper remand cen- late September night. Did he go has taken full command of the tre for the young.” A few days to London to seek medical situation there. The beefing up later Minister Rais disagreed, treatment? Did his doctor who of security includes the follow- saying that detaining young certified him unfit to stand trial ing: criminals in lock-ups contra- certify him to travel to London venes their rights under the at this cold and wet time of the • a battalion of 600 troops to Convention on the Rights of year? Whatever, he should be be deployed to strategic is- Children (CRC) ratified by Ma- fit again by Oct 3, after all, as I lands off Sabah laysia in 1995. understand vertigo is simply a • an unspecified number of medical fuzz word for dizzi- elite Rapid Deployment And then they brawled on over ness though I’m not so sure Force and Special Force per- the contempt laws. The CJ said what “vertigo with tinnitus” sonnel that there was no need for a means. • the stationing of troops on codified law of contempt as 15 locations on 13 islands, “judges did not bully law- Oh yes, expect Sanusi to be which already have 170 yers.” When asked about this, dressed in a spanking new tie. troops on standby Minister Rais retorted, “Tun He was seen carrying a plastic • RMAF to use Hercules C- Eusoff Chin had the right to bag as he came out from the 130 and Beechcraft transport make known his views but the clothes accessory shop, Tie and surveillance aircraft final decision lies with the gov- Rack, in Whiteley’s Shopping • Nuri helicopters to be ernment.” So when Minister Centre. placed on standby Rais delivered the keynote ad- • 7 navy patrol boats to be dress at the Bar Council Semi- RakyatBoleh.my increased to 20 nar on Contempt of Court, the • plans to acquire medium- invited CJ gave the event a Q Q Q Q Q

Aliran Monthly 20(7) Page 21 Homo Politicus vaguely speak of responsibil- is a captain-crew relation- ReVisited ity, choosing more often than ship, consistently void of self not to advance the reverse. criticism. It is absorbed by pa- (Also appears in magickriver There is sparse usage of com- ternalistic prohibitions that website) mon recognition and negoti- flatly promote the erosion of ated acceptance. Instead we liberty and self/group fulfil- AND the beat goes on ... enforce restitution ala the con- ment. The individual is in- tract—punishing vited to play the role of a NOT (with) Led Zeppelin, “subversives” mode. child, unable to manage for Steppenwolf, Creedence himself and unqualified to Clearwater Revival, Pink GOVERNMENT now thrives judge. Its perceived justifica- Floyd, Traffic, The Move, on a departure from its primal tion for existence is the bitter- Santana, Iron Butterfly, responsibility to respond and ness of hastened enforcement Fleetwood Mac, Jefferson not abscond via institutional- (of laws?). Airplane, The Experience, ised encroachments and sanc- The Doors, Grateful Dead, tioned coercion. The margina- GOVERNMENT requires that The Who, ... lisation of shared political space time to deny competing ex- has become a diminished op- pectations. It begins to pre- BUT (with) Mahathir Mo- portunity of the state. tend that a sustainable, hammed, Abdullah Badawi, happy, official cooperation Daim Zainuddin, Najib GOVERNMENT conspicu- exists. It continues to lie to it- Abdul Razak, Musa Moham- ously chooses not to engage self. It pushes aside explana- med, Chua Jui Meng, Rafidah in the dynamic of multiple tions and chokes on “caring” Abdul Aziz, Lim Keng Yaik, social and civil selves; instead and “correcting” and in so Law Heng Ding, Lim Keng it gleefully indulges in a con- doing, bypasses the truth Yaik, S Samy Vellu, Lim voluted demonstration of within it’s own breast. Leong Sik, Azmi Khalid, self-command which it Abang Abu Bakar, Kasitah chooses to sanctify as “law GOVERNMENT has unlearnt Gaddam, Fong Chan Ong, making and enforcement”. It the soft, the gentle, amiable Ong Kah Ting, Hamid Albar, looks inward past all critical virtue of indulgent humanity, Mohammed Nazri Abdul reflection till it arrives at a the passion for respectability, Aziz, Leo Moggie Anak Irok, point of absurd self-recogni- the dignity of honour, self-es- Muhyuddin Yassin, Abdul tion - a sense of illusory self teem and mutual respect. Kadir Sheikh Fadzir, worthiness. Mohamed Affendi Nawawi, GOVERNMENT.... and so we Siti Zahara Sulaiman, GOVERNMENT then be- have it.... begins to evolve its Pandikar Amin Mulia. comes a conspiracy. This is unique mode of self-abnega- that ship of selves. There is a tion. It would appear as if we GOVERNMENT (here) has captain too. He feeds some would be content with reduc- come to mean a doctrine of crew members, others he ing the function of good gov- command and control and starves. He has a destiny and ernance to collecting taxes, abuse of consent and con- wills only one thing ...a dis- then gathering it into a huge tract. This is seldom a govern- covery of meaning that so paper mountain and dousing ment based on the philosophy easily runs contrary to the it with gasoline and then set- of entitlement. Instead we ad- deeper force of an ever more ting it on flames..... vance the mind of the impul- encompassing civil self. This sive regulatory state. We he does not choose to see. His By Latif Kamaluddin

Aliran Monthly 20(7) Page 22 WOMEN

A Memorandum On Stop Sexual Harassment by Joint Action Group (JAG) Against Violence against Women 30 June 2000, Kuala Lumpur

Sexual harassment is a ma- for the legislation of anti-sexual the inadequacies of the ex- jor issue facing Malaysians, harrassment laws. Over 12,000 isting Code of Practice on the women and men. Women’s signatures were collected and the Prevention and Eradication groups have long been cam- petition was also endorsed by 64 of Sexual Harrassment in paigning for an effective organisations, representing a the Workplace and the ur- strategy to combat it. A six- few thousand more Malaysians. gent need for legislation. We week countrywide signature It was handed over to YB Datuk attach it here to show the campaign – the ‘Stop Sexual Dr Fong Chan Onn, Minister of concerns and the need for Harrassment Petition’ - was Human Resources, on 30th June action with regard to sexual recently initiated by the 2000, at the Hotel Grand Pacific harassment. You may like to Women’s Crisis Centre, in Kuala Lumpur, together with know that the Minister Penang, one of the members the following memorandum. promised to look into the of JAG. The petition called The memorandum highlights matter.matter.matter.

n 1999 the then Minister of Human Resources III launched the Code of Practice on the Preven- tion and Eradication of Sexual Harassment in the Workplace. The message of the Code is clear - sexual harassment violates a per- son’s dignity and safety. It must be prevented and eradicated.

The Code is comprehensive in its definition of sexual harassment. It also recognises the need for em- ployers to establish an in-house mechanism to prevent and han- dle sexual harassment, although it stops short of outlining proce- dural guidelines. As the first offi- cial definitive document by the

Aliran Monthly 20(7) Page 23 Government to address the prob- We wish to highlight our concerns to another level where a person’s lem of sexual harassment, the on sexual harassment cases re- basic right can be safeguarded Code has been successful in cre- ported and/or handled by and better guaranteed. In addi- ating awareness on the issue of women’ groups: tion, legislation would underline sexual harassment in the that:- workplace. • Detailed grievance procedure on sexual harassment is not Eradication of Sexual Harass- Whilst the Code has given cour- specified in the Code; ment is a Matter of Public Inter- age to women to seek redress, • Employers tend not to believe estestest their complaints have not neces- the complainants due to preju- sarily been properly and ad- dice and the perception that Sexual Harassment is a form of equately handled by employers. sexual harassment complaints violence. Again and again we see reports are easy to make and difficult of women having to resort to ex- to disprove; Violence, no matter where it oc- ternal agencies like the police, the • Sometimes instead of investi- curs, whether it is in the home (as labour department and service gating the complaints, the with domestic violence) or in the bureaus in the hope of stopping women who complained be- workplace is a matter of public the harassment or being forced to come the object of investiga- interest and must be eradicated. resign when the situation became tions; intolerable. In an extreme case, • Although sexual harassment Effective legislation against women who complained of unlike some other violent acts sexual harassment will send an sexual harassment have been dis- against women leaves no uncompromising message that missed for having complained of physical injury, its effects on sexual harassment is unaccept- such harassment and not ex- victims can be no less trau- able and at the same time increase hausting internal company pro- matic and impacts on their productivity through the creation cedures. work performance; of a sexual harassment-free envi- • Inordinate delays by manage- ronment. The Joint Action Group Against ment in dealing with the com- Violence Against Women (JAG), a plaints have compelled Standard of acceptable behav- coalition of women’s groups con- women to resign or seek alter- iour and conduct sisting of the Women’s Crisis Cen- native means for redress; tre, Women’s Development Collec- • Employers view women pub- Women do not asked to be sexu- tive, Women’s Aid Organisation, licising their complaints as ally harassed as women do not Women’s Candidacy Initiative, damaging the company/agen- asked to be raped. All Women’s Action Society, Sis- cy’s reputation; ters In Islam and Persatuan • Employers resort to retaliatory Unfortunately there are still many Sahabat Wanita Selangor views tactics by taking disciplinary in society who accept the myth that it is timely to consider the in- action against the women com- that women invite sexual harass- evitable next step in our goal to plainants. ment by their manner of dressing create a harassment-free work- or behaviour. Such perceptions place, that is, legislation of anti- The Code has not been imple- may influence not only the har- sexual harassment laws. mented by majority of the employ- asser but also persons in manage- ers. Since its adoption is volun- ment who are charged with han- The Code of Practice tary, the response of the employ- dling the complaint. It is impor- ers have not been encouraging. tant to dispel such myths. While the Code has been influen- Employers some times are not tial in drawing up guidelines for willing to acknowledge that Secondly due to the hierarchical employers, we feel that there are sexual harassment is a problem nature of the employment rela- areas that still needs serious at- or view it as unimportant or a tionship, sometimes superiors tention. The Code places the onus “small matter”. Victims are there- abuse their power by sexually on the employers to act equally fore unable to obtain redress. harassing subordinates. It there- and fairly in the face of sexual The Need For fore becomes incumbent upon leg- harassment complaints. Unfortu- islators to ensure that everyone nately, as mentioned above, many Legislation views this abuse of power as un- a time, this does not happen. Legislation would take the Code acceptable just as it is unaccept-

Aliran Monthly 20(7) Page 24 able in any worker-worker rela- have little experience in dealing assment. If we in Malaysia were tionship. with sexual harassment com- to develop a national anti-har- plaints and require specific assment policy which is sup- Legislation would set a standard mechanism and processes to be ported by a strong legislative and establish the boundaries for set up to provide certainty and framework we would be at the what is acceptable behaviour and uniformity. For these employers, very forefront of contemporary what is unacceptable conduct. arbitrary discretion in setting and progressive workplace up their own procedures would practices. A certainty in procedure for introduce unnecessary tensions women and men to access their and may lead to dissatisfaction A number of international or- rightsrightsrights by the parties involved. ganisations including the United Nations, International Sexual harassment, unlike other Legislation would ensure that Monetary Fund and the World conduct in the workplace which employers have an authoritative Bank have also drawn up rec- normally constitutes miscon- method for investigating com- ommendations regarding gen- duct, involves more than one plaints, and would minimise the der specific violence which in- party, namely the harasser and time and effort spent adapting clude sexual harassment in the the harassed. Experience has the pre-existing grievance workplace. shown that sexual harassment mechanism to the specific case can be caused by a superior re- of sexual harassment. In this regard, we reiterate the peatedly abusing his position by international standard of wom- sexually harassing his subordi- Transparency en’s rights in the Convention on nate, by a group of workers in the Elimination of All Forms of order to create a hostile environ- The essence of legislation is its Discrimination Against Women ment to compel an unwanted fe- ability to compel employers to (CEDAW) endorsed by the 1995 male employee to leave or by an abide by a standard process in Beijing Women’s Conference in employee seeking sexual gratifi- handling sexual harassment its Platform of Action. CEDAW cation for discharging his duties. complaints. It allows com- and the Beijing Platform of Ac- plaints to be handled in-house tion recognise that women’s Normal grievance procedure by management but at the same right to gender equality includes does not take into account the time, ensures that the proce- protection from sexual harass- complexities of sexual harass- dures are transparent, fair and ment. Malaysia is party to both ment especially when it involves just and that all parties are held the documents in 1995 and is complaints by or against peo- accountable for their behaviour. therefore bound to uphold that ple in the Management and right through an effective na- hence is unable to adequately Leading The Region tional measure. We call upon the address the problems. Towards Social Reform government to take this effective measure in legislating against A preferable approach would be The Ministry has taken the first sexual harassment. to develop specific guidelines for step by initiating the Code of domestic inquiries that are sen- Practice. Lawmakers must now So far Malaysia has been re- sitive to the problem of sexual state clearly their stand in no garded as a frontrunner in the harassment. For example, there uncertain terms and acknowl- campaign on violence against should be an equal representa- edge the need to stop a menace women. The passing of the Do- tion of both men and women sit- that continues to plague society mestic Violence Act in 1994 sent ting on panels that determine in general and the workplace in a strong statement to others in sexual complaints. The princi- particular. the region that Malaysia is com- ples of a fair hearing and natu- mitted to the goal of equality for ral justice already established in Laws prohibiting sexual har- all citizens in all walks of life. case laws, should be codified assment in the workplace have into legislation. been introduced in many indus- It is timely for us in Malaysia to trialised countries. In Asia keep up with the rest of the region Removal of Tensions alone, Hong Kong and the Phil- and the international community ippines have developed specific in eradicating sexual harassment Many employers in Malaysia legislation to combat sexual har- by passing effective laws. q

Aliran Monthly 20(7) Page 25 JUSTICE NGOs Demand Royal Commission Of Inquiry

Protest Use of the Essential (Security Cases) Regulations 1975, ESCAR

e, the under mentioned One could not be certain whether We see no reason why this draco- WWW concerned NGOs in Ma- the witnesses were coached. nian law should still exist and be WW laysia, protest against used in this day and age. Since the decision of the Attor- Furthermore, the normal stand- there will be no fair, impartial and ney-General’s Office in using ards for the admissibility of evi- independent judicial trial under ESCAR to prosecute the 29 men, dence under the Evidence Act will ESCAR, we demand a Royal Com- allegedly involved in the Al- be removed under Section 21 of the mission of Inquiry to be set up to Ma’unah case, even though they special provisions relating to evi- establish the truth behind the were charged under Section 121 dence in a security case under matter. of the Penal Code. ESCAR . Without the rigorous ap- plication of standards under the This press statement is jointly en- Section 19 of the ESCAR is in com- Evidence Act, Section 21 of ESCAR dorsed by, plete breach of an open and fair only makes the prosecution’s job court trial. It denies the fundamen- much easier to obtain a conviction. 1.Angkatan Belia Islam Malaysia tal rights of the defendants’ legal (ABIM) 2.Aliran 3.Bosses Group counsel to directly cross-examine There can be no fair, impartial and 4.Ex-ISA Detainees Group 5.ERA any witnesses produced by the independent judicial trial under Consumer 6.Gabungan Rumah prosecution. These witnesses the ESCAR regulations. The ac- Panjang 7.Group of Concerned Citi- have a choice of remaining anony- cused is already presumed guilty zens 8.International Movement for mous. They can choose to give even before the trial resumes. This A Just World (JUST) 9.IDEAL evidence in a manner where he or type of anti-terrorist legislation is 10.Jemaah Islam Malaysia (JIM) she would not be seen or heard by at odds with a modern judiciary 11.Jawatankuasa Sokongan Peneroka both the accused and their legal system. Such court practice is Bandar (JSPB) 12.Majlis Graduan counsel. unacceptable in a democratic and Malaysia (MGM) 13.Persatuan civilized country, where it is a Masyarakat Selangor & Wilayah This means that the evidence universally accepted human right Persekutuan (PERMAS) 14.Persatu- given by the prosecution wit- that “everyone should be pre- an Sahabat Wanita Selangor nesses can be given through the sumed innocent until proven oth- 15.Persatuan Pengguna-pengguna interpreter or any other officer of erwise”. Pahang 16.Pusat Komunikasi the court who in turn relays ques- Masyarakat, (KOMAS) 17.Suara tions put forward to the witnesses Invoking the ESCAR in the case Rakyat Malaysia (SUARAM) (who are outside of the court) dur- of the Al Ma’unah defendants 18.SUARAM JB 19.Tenaganita ing the cross-examination by the disgraces the course of natural 20.Women’s Candidacy Initiative defendants’ legal counsel. There justice and violates the Univer- 21.Women Agenda for Change is no way of knowing whether the sal Declaration of Human (WAC) 22.Women Development questions raised were put for- Rights, the International Cov- Collective (WDC) 23.Women Aid ward to the witnesses correctly or enant on Civil and Political Organization (WAO) ascertaining whether their re- Right and even the Federal Con- sponses were conveyed faithfully. stitution of Malaysia. 12th September 2000

Aliran Monthly 20(7) Page 26 PAGES FROM THE PAST Facts About ISA and ESCAR

ISA tions of movements and restric- The choice of which Act to charge tions on the liberty to form asso- an accused person lies solely with ciations. the Attorney-General. The courts nacted in 1960 to replace have in fact held that the Attor- EE the regulations made Sections 57-62 of the ISA prescribe ney-General has an unfettered EEE during the 12-year Emer- the sanctions for offences commit- discretion and has power to dis- gency which was pro- ted within security areas. These criminate between persons al- claimed in 1948 and lifted in 1960. offences include the possession of leged to be in possession of fire- firearms without lawful authority arms or ammunition and to charge The Emergency Regulations 1948 and consorting with or being in them differently. were enacted as a means of com- the company of anyone carrying bating the Communist Insurgency firearms. A new offence was also Table A shows the number of per- and particularly to control sub- created which is the providing or sons who have been charged with versive activities. The Regulations receiving of supplies for subver- illegal possession of firearms introduced preventive detention sive purposes. since the ESCAR came into force without trial. Further the posses- and the Act under which they sion of firearms, ammunition and The Act equates an attempt to were charged. explosives was made an offence commit any of the offences above punishable with death. with the offences themselves. ESCAR Thus the punishment for an at- With the lifting of the Emergency tempted act is the same as for the in 1960 the above Regulations offence. The offences mentioned he ESCAR was enacted also came to an end. The offences above must have been committed TT in 1975 following an embodied in the Regulations in a security area. In fact the whole TTT upsurge in the incidents needed to be re-enacted into law of the Federation has been pro- of urban terrorism in if the Government desired the con- claimed a security area following which a number of police person- trol of weapons and subversive the May 1969 Proclamation of nel were killed culminating in the activities which it had under the Emergency. assassination of the then Inspec- Regulations. It was with this pur- tor-General of Police. In enacting pose in mind that the ISA was en- Besides the ISA there are 2 other the Regulations the Government acted the same year that the Emer- laws in respect of the control of was of the view that they could be gency was lifted. firearms. The first is the Arms instrumental as a deterrent Act, 1960, for which the maxi- against subversive activities in The ISA incorporated substan- mum penalty is seven years im- addition to protecting witnesses tially the Emergency Regula- prisonment. The other is the and securing more convictions. tions of 1948. The offences and firearms (increased Penalties) powers of the authorities were Act, 1971, for which the maxi- The Regulations contian a set of retained in the Act such as the mum penalty is fourteen years. special rules of procedure and power of preventive detention The punishment for the same evidence for the prosecution of without trial which can be ex- offence under Section 57 of the “security offences”. A “security tended indefinitely for periods ISA is death. Further, the offence” under the Regulations of two years each, incommuni- ESCAR is applicable to the trial means an offence against sections cado detention upon arrest for a of firearms offences under the 57-62 of the ISA i.e. offences in- period of up to 60 days, restric- ISA but not the other two Acts. volving firearms and explosives.

Aliran Monthly 20(7) Page 27 Table AATable Table AATable ISA Detainees NUMBER OF PERSONS CHARGED WITH ISA Detainees OFFENCE OF ILLEGAL POSSESSION OF FIREARMS IN MALAYSIA FOR 1976 - ...... YearYearYear Total number NewNewNew of detainees Detentions Number Under Under Under of Internal Firearms Arms 1980 668 106 Year persons Security (Increased Act 1981 470 87 charged Act Penalties) 1960 1982 282 24 1960 Act, 1971 1983 196 5 1984 168 8 1976 52 48 4 0 1985 149 (Jan. - Aug.) 1977 16 1 3 3 0 (up to Figs. 1978 March) unavailable 1979 Source: Press releases by The Ministry of Home 1980 46 1 9 27 0 Affairs printed in the New Straits Times 1981 58 18 40 0 (14.9.84), Star (12.3.85) New Straits Times 1982 65 19 46 0 (12.3.85) 1983 85 14 71 0 1984 93 1 8 75 0

1985 96 10 86 0 (up to Sept.)

Table BBTable OFFENCES AGAINST THE ISA, 1960 DISPOSED OF IN 1964 AND 1965

Number of Number of Number of Sentences received Year persons tried convictions acquittals DeathDeathDeath Life Imprisonment OtherOtherOther

1964 1 2 1 2 0 1 1 1 0 1965 23 23 0 19 3 1

Source: Malaysia, Federal Court Criminal Appeals Registrar

Table CCTable OFFENCES AGAINST THE ISA, 1960, DISPOSED OF IN 1976 AND 1977

Number ofofNumber NumberofNumberofNumberof Number ofofNumber Sentences received YearYearYear persons tried convictions acquittalsacquittalsacquittals DeathDeathDeath Life imprisonment OtherOtherOther

1976 46 41 5 37 3 1 1977 1 3 1 3 0 1 1 1 1

Source: Malaysia, Federal Court Criminal Appeals Registrar

Aliran Monthly 20(7) Page 28 The Act has also extended the unsupported evidence of an lations are necessary and have meaning of “security offence” to accomplice or a person of ten- resulted in more convictions, we include any offence against any der age cannot be overturned may refer to stastistical date for an written law the commission of on appeal. answer. Table B shows the which is certified by the Attorney- number of convictions obtained General to affect the security of the d Secondary documentary evi- before the Regulations, i.e. for the Federation. This gives a wide dis- dence as well as hearsay evi- years 1964 and 1965 since the ISA cretion to the A-G to certify any dence are admissible i.e. can be which was enacted in 1960 was offences, for example offences accepted by the court. first invoked only in the 1964 against the Penal Code, as secu- Emergency. This is contrasted rity offences. e In a security case in which a with table C which shows the firearm or explosive is the sub- number of convictions subse- The Regulations have made dras- ject matter of the charge, such quent to the enforcement of the tic changes to the ordinary proce- firearm or explosive shall be Regulations. For this the years dure contained in the Criminal deemed to have been in serv- 1976 and 1977 are taken. Procedure Code. The Regulations iceable condition at the time of have in fact virtually done away commission of the offence. In 1964, 12 persons were charged with those safeguards which long for committing offences under the experience had shown were es- f The Public Prosecutor may au- ISA. Of this number, 11 received the sential if the possibility of inno- thorise any police officer to in- death sentence while 1 was sen- cent persons being convicted were tercept and open any letters or tenced to life imprisonment. Thus to be minimised, and which were postal articles, intercept tel- for 1964, there was 100% convic- meant to ensure that the accused egrams, telexes and to tap tel- tions under the ISA. In 1965, 23 is given a fair and just trial. Ex- ephones if it is considered that persons were tried under the ISA. amples of the harsh provision are: they are likely to contain infor- Of these, 19 received the death pen- mation relating to a security alty and 4 others received terms of a Where the court is satisfied offence. Information obtained imprisonment. Just like the preced- that a witness for the Prosecu- by these means are admissible ing year there was 100% convic- tion has reason to be afraid to in evidence. tions under the ISA. reveal his identity the court may allow the witness to give g A police officer or any other In 1976, after the Regulations his evidence in camera and in public officer can receive infor- came into force, 46 persons were such manner as not to be vis- mation and make a report re- charged under the ISA and tried ible to the accused or his coun- lating to a security offence from in accordance with the provisions sel. any person. This report is ad- of ESCAR. Of these 37 received missible in evidence without the death penalty while 4 others b Statements made by the ac- the informant appearing in received varying terms of impris- cused to a police officer whilst court. This means it would be onment. For the first time acquit- in police custody or to any per- legal to give information of a tals under the ISA were recorded. son in authority, without a security offence to persons like 5 persons were acquitted and dis- caution being administered - a teacher, a railway conductor charged. The boycott by members and even if the statements are or a clerk in a government de- of the Bar of security trials under incriminating - are admissible partment. Considering that the ESCAR in 1977 brought such in evidence. This is contrary such persons are inept to trials to a standstill. Nevertheless, to the Judge’s Rules on evi- record such information, wide- of the 13 cases disposed of, 11 per- dence which are meant to en- spread abuse may be the result sons were sentenced to death and sure that statements by an ac- if such a regulation is re- 2 to terms of imprisonment. No cused person should be made sponded to by members of the acquittals were recorced. q freely and without coercion. public. Source: AM Vol VI No 1 c Convictions obtained on the To the question, whether the Regu- January/February 1986

Aliran Monthly 20(7) Page 29 DEMOCRACY

Abolish The ISA!

It is a legal anachronism that has no place in a democracy.

he Internal Security Act Obscene Affront To TTT (ISA) 1960 must go. Human Dignity The ISA is a notoriously All this amounts to no less than a oppressive law. In the name of barbaric treatment of individuals national security the ISA allows who have never been tried, let for indefinite detention without alone convicted, in an open court. Minister of Home Affairs in order- trial. The ISA is not only obnox- These practices, which have ing detention without trial. ious, it is a legal anachronism that robbed thousands of Malaysians has no place in a democracy, an of their rights, liberties, and in For 43 years since Merdeka, the era of globalisation, or the new many cases the best years of their Alliance, followed by the Barisan millennium. lives, are an obscene affront to hu- Nasional governments have ha- man dignity and a mockery of de- bitually used the ISA to protect Former detainees who have pub- mocracy. They violate the spiritual themselves from the challenges lished accounts of their detention traditions and teachings of all the posed by legitimate political op- under the ISA have invariably re- religions practised in Malaysia. position, trade unionists and lated horrifying experiences. De- other critics. Thousands of tainees have been subjected to soli- The ISA is law. But the ISA’s pro- Malaysians of all races and reli- tary confinement without access visions and use, as well as the gions, who were never convicted to family members, lawyers and practices that it condones, repre- ofany crime, have fallen victims friends. Further, police interroga- sent a crime against humanity. to the ISA. Their only ‘crime’ was tors have routinely subjected ISA to pose an unproven ‘threat to na- detainees to physical and mental The British colonial government tional security’. torture in order to ‘neutralize’ introduced the ISA at the begin- them, or ‘turn them over’, or ex- ning of the Emergency in 1948. The Tool To Silence Dissent tract information to incriminate Emergency was officially declared the detainees themselves or other to be over in 1960. However, all As always, the ‘threat to national people. successive governments of inde- security’ has been exclusively de- pendent Malaysia have retained termined by the powers that be. Much of this was already known the ISA. Under the ISA, the ‘threat to na- before the abusive and humiliat- tional security’ has been a catch- ing treatment meted out by the Today, 40 years after the end of the all excuse for not charging and Special Branch police and gaol- Emergency, this obnoxious law trying so-called suspects in open ers was dramatically exposed has been so amended that it has courts. when senior police officers testi- become even more obnoxious fied during the trial of former than its original version. Presently, Indeed the ISA has been system- deputy prime minister Datuk Seri the ISA does not even permit judi- atically used as a tool to silence Anwar Ibrahim in 1999. cial review of the power of the political dissent and opposition.

Aliran Monthly 20(7) Page 30 During the 1960s, the ISA was fre- evidence has even been produced The laws of this country amply quently used against the labour in court to prove any detainee’s provide for trying people in an movement and lawful political ‘guilt beyond reasonable doubt’. open court where they have a fair opposition. In the 1970s, student No opportunity has been pro- opportunity to defend themselves. leaders were added to the ISA’s vided to any detainee to prove his expanding list of victims. or her innocence. This basic principle of the rule of law must be unconditionally up- In the most extensive use of the Yet thousands of detainees have held. ISA in a single instance — in the been jailed, separated from their infamous Operasi Lalang of 27 loved ones, and, in some cases Aliran abhors all manner of vio- October 1987 — Mahathir’s gov- practically ‘forgotten’ as they lan- lence in the resolution of social ernment employed the ISA to de- guished in prisons and detention and political conflicts. But we re- tain 106 Malaysians, including camps for years upon years. gret that the 40th anniversary of opposition leaders, social activ- the ISA has been marked by the ists, environmentalists, educa- Contempt For use of the ISA and arbitrary de- tionists, religious workers and Wawasan 2020 tention against the leaders and academicians. members of Al Ma’unah who are Perversely ISA is evidence of the suspects in the recent arms heist The use of the ISA continued into government’s contempt for and the killings related to it. the 1990s. In 1994 several Al Wawasan 2020 which aims to Arqam leaders accused of ‘devi- ‘foster and develop a mature No matter what grave crimes the ant Islamic teachings’ were de- democratic society, practising a Al Ma’unah leaders and members tained under the ISA. In Novem- form of mature consensual, com- are alleged to have committed, ber 1997 ten people variously sus- munity-oriented Malaysian de- they must be accorded their con- pected of being Shi’ite followers, mocracy that can be a model for stitutional right to defend them- militants, or anti-monarchists many developing countries’. selves against any and all allega- were likewise detained. tions in a fair and open trial. How can ISA foster a ‘democratic In 1998, several of Anwar society’ when this pernicious law No justice can prevail if they are Ibrahim’s key supporters who looms as an ever-present threat prematurely ‘convicted’ and sub- protested against Anwar’s deten- over the lives and liberty of ordi- jected to the unjust and horrific tion and participated in peaceful nary citizens? treatment that has been the expe- Reformasi demonstrations were rience of too many ISA detainees. also detained under the ISA. How does democracy ‘mature’ when people are threatened with Aliran calls upon the government And now, in July 2000, the gov- detention on untried and un- immediately to charge and try all ernment has once again resorted proven allegations? ISA detainees in an open court — to the ISA to detain members of the or to release them. Al Ma’unah group. What sort of a ‘model’ can a Malaysian government — which This being the year of the estab- All through these 43 years after imprisons its citizens at will — lishment of Suhakam, the Na- Merdeka, the ISA has also claimed offer to other countries? tional Human Rights Commis- as its victims all kinds of people sion, as well, Aliran calls upon ranging from suspected secret so- 40 Years Suhakam to investigate without ciety members to those suspected delay all human rights violations of being involved in the forgery Today, 1 August 2000, marks the committed under the ISA, and to and sale of identity cards and 40th anniversary of the ISA. On join other Malaysian organisa- passports. this occasion, which marks 40 tions to ABOLISH THE ISA. years of terrible injustice, Aliran All through more than a half cen- reiterates our call: ABOLISH THE Aliran Executive Committee tury of the ISA’s use, no credible ISA! 1 August 2000

Aliran Monthly 20(7) Page 31 grounds for such judgements, makes it difficult for litigants who want to appeal a particular deci- sion. If hearing fees are imposed, should the judges then be asked to pay penalty fees if they are the ones contributing to a delay in a trial or in delivering oral and writ- ten judgments?

Was the proposal to charge fees aimed at diverting attention away from the real issue at hand - the eroded public perception of the judiciary? Public perception has nose-dived ever since the infa- A record of Aliran'sAliran'sAliran's stand on current affairs. mous sacking of former Lord President Salleh Abas and two What Price Justice? should not be reduced to a money- other Supreme Court Judges in making concern. Justice is not a 1988. Sadly, nothing substantive First it was highway tolls. Then commodity to be sold at a price to has been done to stop the slide. came privatised sewerage the public. Neither should the charges. Now there are plans to public be expected to pay for the Imposing hearing fees will only impose hearing fees for civil cases services rendered by the courts, further damage the fast-deteriorat- in the High Court based on hourly which are already funded by tax- ing standing of the institutions rates ranging from RM300 to payers’ money. responsible for administering jus- RM500. If the Cabinet approves tice in the country. Obtaining Jus- the proposal, then litigants could The proposed hearing fee struc- tice will no longer be within the end up paying the courts an aver- ture was unanimously agreed to means of the poor and the age of RM12,500 for six full days by the judges at the close of the marginalised. Instead it will be the of trial. Malaysian Council of Judges’ prerogative and the privilege of conference on 16 June. Aliran is the rich and famous. Aliran urges It seems that the dispensation of appalled that instead of the Cabinet to drop this ludicrous Justice will come at a price, if the focussing on the crisis of confi- and short-sighted proposal and proposal is approved. Justice will dence hanging over the Judici- concentrate instead on strength- then only be available to those ary, the judges chose to expedite ening the independence and in- who can afford it. The poor will the meting out of Justice by tegrity of the Judiciary. have to think twice, thrice, maybe charging hearing fees. We have more, before going to the courts to heard of the maxim ‘Justice de- Anil Netto seek redress. As it is, we often see layed is Justice denied’, but isn’t Executive committee member cases where an accused is unrep- the reverse - Justice hurried is 21 June 2000 resented because he or she can- Justice sacrificed - also true? not afford a lawyer. No Food Although we concede that, at For The Poor, The emphasis seems to be on pro- times, the absence of lawyers and But A Feast ductivity. Wasn’t it the Chief Jus- key witnesses frustrates the For The Rich tice himself who proudly pro- smooth flow of court hearings, it claimed recently that productiv- is also true that, in many cases, It is aburd and shocking that in ity had improved and court rev- the written judgments are not this land of plenty, the Hot Meal enue has now far exceeded ex- available for months and, in some Programme for all primary penditure? This is sad - the sys- cases, for years. The absence of schools nation-wide should come tem of administration of Justice written judgments, along with the to a sudden stop.

Aliran Monthly 20(7) Page 32 It is understood that about More Detentions To the Human Rights Commission 600,000 primary school pupils Mark The 40th of Malaysia (SUHAKAM) urging coming from poor families will be Anniversary Of ISA the authorities to allow those who deprived of their daily 80-sen wish to go to the High Court on 4 worth of meals because funds Aliran regrets that the authorities August to find out the verdict to have run out. have chosen to mark the 40th an- do so. We are also happy with niversary of the Internal Security Suhakam’s decision to send ob- Compare this meagre meal to the Act by deciding to place the 27 servers to the scene on that day. feast for some 1,000 delegates at- members of the Al-Ma’unah move- tending the 27th Islamic Confer- ment who allegedly took part in Suhakam’s reminder to the police ence of Foreign Ministers that is the recent Sauk arms heist under that crowd-control should be peo- costing RM200,000 daily. This ISA detention. ple-friendly and non-confronta- sum could have provided one tional is timely. We still recall the day’s meals for 250,000 hungry Such a move means that the de- harsh tactics used in April last year pupils. tained individuals will be de- when Anwar Ibrahim was first con- prived of their democratic right to victed and again during the recent Thinking Malaysians would be tried in a court of law. If they Black 14 gathering to mark the first want to know why “the allocation had been charged in court, the anniversary of the conviction. from the Ministry has been ex- government would have had a hausted.” They would want to golden opportunity to tell the Aliran upholds the right to assem- know why this Hot Meal fund was whole world that it had nothing ble peacefully as a basic human not replenished. Who was re- to hide over the Al-Ma’unah inci- right. Suhakam’s reminder that sponsible for this terrible tragedy, dent. After all, we’ve been told that there could be provocations from which will leave 600,000 pupils the government has all the evi- certain quarters out to incite vio- hungry daily? dence it needs to prove their guilt. lence and even rioting is worth noting. In this regard, Aliran We never seem to be short of Equally important, an open trial would like to recommend that cash for mega projects such as would have been seen as just and those gathering outside court the Twin Towers, the KLIA, and it would have provided an oppor- should immediately sit down on Putrajaya. But when it comes to tunity for concerned Malaysians the road or pavement at the first feeding the poor, housing the to try to understand the factors sign of violence. This will allow homeless, providing much- that have led to the formation of police personnel to identify and needed healthcare for the needy, such cults. remove from the scene those re- we surprisingly seem to run sponsible for the violence. Every- short of cash. We call upon the government to one will be able to see who is re- release all Al-Ma’unah members sponsible for any violence. The In spite of our wealth and growth, from ISA detention. By detaining others gathered there peacefully we are not sensitive to things that them under the Act, the govern- should be allowed to remain. matter most to ordinary people. ment is only fuelling suspicion We are not a compassionate com- that it is only interested in justify- Aliran reminds the authorities munity that will seriously ad- ing the existence of this colonial that the whole world will be dress the welfare issues of the relic of a law. What a way to mark watching Malaysia on 4 August common man and woman unless the 40th anniversary of this ob- and hopes that all quarters will there is a by-election pending. noxious law! respect the rule of law as well as the inalienable right to gather We ought to hang our heads in Aliran Executive Committee peacefully. We also call on the shame and stop callling ourselves 1 August 2000 police to act with utmost restraint a caring society. and professionalism in discharg- Allow Judgment Day ing their duties impartially. Gan Kong Hwee Gathering Executive Committee Member Aliran Executive Committee 29 June 2000 Aliran welcomes the statement by 2 August 2000

Aliran Monthly 20(7) Page 33 You make me sick and you make me lose all respect, that you’d stoop so low for politi- cal gains. Please use something else; do not try to bargain with the nation’s soul.

PT Tan (reproduced from Malaysiakini) Rantings Of A Malaysian Boy

On this black day for Malaysian justice, I write with a heart that is heavy laden. Not unlike everyone else, I am struggling to come to terms Letters should be no more than 250 words and must include with the verdict that flies in the the writer's name and address. Pseudonyms may be used. Send face of justice. What folly! The letters to : Editor, ALIRAN MONTHLY, 103, Medan Penaga, prosecution case upheld de- 11600 Penang, Malaysia or e-mail to : [email protected]. spite the fact that not an iota Views expressed need not reflect those of Aliran. of reliable and/or credible prosecution evidence was pre- sented. It was an orchestrated 1969 And known. Year after year, my pantomime from beginning to Manipulation family hung on to a diminish- end. Shrewdly directed, pa- ing thread of hope that he thetic acting. But the desired I am sickened by May 13 ma- might still be alive somewhere, result was achieved. Ugly, yet nipulation. I lost my elder but after 30 years, we have effective. We knew it since Day brother on May 13, 1969. After learnt to let go and carry on One. The accused never did 31 years, I have learnt to for- with life. My family has gone stand a chance. Never. give and try to forget. It com- on to produce doctors and en- pletely puts me off when I see gineers and tried to contribute One blinks in disbelief that as politicians trying to resurrect to a better society to make our Man progresses into the new the ghost of May 13 to haunt country a better place for all. Millennium, and as our tech- us (Insane action of TV station, We have learnt to forget and nology allows us to reach the Aug 3). I was then a little kid in a way try to understand the planets above, many hearts re- of nine years old, barely com- event. It hurts and it pains me main black as Night. But we, prehending the events that when May 13 is put forward who point our angry verbal fin- shook and shaped the nation. again for political gains. Many gers at those responsible for I could not understand my of those responsible for the contravening the rule of law mother’s tears, and my father event are still alive today, and and hiss at their names count- and uncle’s despair when they with their advancing age, may less times, are we really as in- learnt the tragic news that the dead souls torture and tor- nocent as lambs as we avert their child had not come home. ment them in their nightly our gaze when the courageous Till today we don’t know dreams. I hope the same goes few protest and suffer? Aren’t where he was killed or where to those who try to resurrect we hypocrites? Guarding our he was buried. In some corner the ghost of May 13 to haunt self interest, are we not as cul- of Malaysia, a young and us again. May you be the only pable as those in high places promising life that was extin- haunted ones. To say that I am that plot and scheme the down- guished by politics lies un- angry today is to put it mildly. fall of the righteous?

Aliran Monthly 20(7) Page 34 Perhaps we have been silenced dence have left much to be de- charges. To date, no further into submission by our draco- sired. In particular the absence word has been heard on the nian laws, educated into sub- of Datuk Seri Dr Mahathir matter. mission by the syllabuses of un- Mohamed as a witness at the questioning rote learning and trial clearly caused prejudice to It has to be pointed out that the propagandised into submission the Defendant’s case. toll charges are collected by the shackled media. Add to whether or not a person has this our bank balances, our cars, In view of express misgivings travelled the whole distance of our houses, our businesses, our over the independence of the the highway. The distance from careers and our insatiable appe- Malaysian Judiciary, the sen- Seremban to Lukut (an exit and tite for material wealth and our tence of 9 years’ imprisonment entry point for the Highway) very souls have become en- to run consecutively with the is approximately 18 kilometers, slaved. We want stability, pros- present imprisonment of 6 years and the distance from perity and development, but, for will only confirm the suspicion Seremban to the Highway’s these ends, we will tolerate cor- of political motivations behind end (at Sua Betong) is approxi- ruption, cronyism and even the prosecution of Datuk Seri mately 24 kilometers. have our intelligence periodi- Anwar. Thus the basic question cally insulted by the many half- of justice for all defendants will Even when the first rates were wits empowered by us. Who continue to haunt our govern- introduced, i.e RM 2.10, it was have we to blame but ourselves? ment into the new millenium. considered exorbitant, apart from there being no considera- Injustice has not only reared its Despite the pessimism that will tion of the distance travelled. ugly head, it reigns and thrives surely follow the High Court The residents of Port Dickson in our Land. It has infected judgement, I would remind all are the principal users of the most, if not all, of our sacred Malaysians that the weak and Highway. Their concern and and independent institutions. the oppressed in all historical feelings have not been given Let us remind ourselves that we periods finally come to trans- due regard in the determina- are the Electorate. What we form history. tion of the toll charges. There have inflicted upon ourselves, has been no attempt to invite we can shed off legitimately. Gan Teik Chee their representation when Only we can do it, and it can Penang changes to the charges were only be done collectively and imposed. They are required to legally to remove the fictions Toll charges accept any imposition as a fait which bind our freedoms. You accompli, without even the and I can make a difference. It As Association of Port Dickson courtesy of advance informa- all lies in having integrity and residents, we have been under tion or explanation. unity. quite some pressure from members and others to take up We cannot help but associate Small Brudder the abrupt rise in toll charges ourselves with the increasing Via e-mail on the Seremban-Port Dickson distress at such imposition, and Highway. Our delay in taking we urge that swift remedial Anwar’s Conviction up the matter earlier with the action be taken, not just to re- relevant authorities was be- duce the toll charge but to I am concerned at the decision cause the Menteri Besar of work out an equitable rate that of the High Court on 8 August Negri Sembilan had himself is commensurate with the ca- 2000 convicting Datuk Seri voiced his objection to the rise pacity and means of an essen- Anwar Ibrahim on a sodomy in toll charges, from RM2.10 to tially rural and working-class charge and sentencing him to RM2.60. It was announced that community. 9 years’ imprisonment. the matter was taken up at Cabinet level and that on prin- Abdul Jabar bin Mohamad The conductor of the trial and ciple it was agreed that there President, Port Dickson treatment of the defence evi- would be a reduction in the Residents’ Association

Aliran Monthly 20(7) Page 35 RIGHT TO ASSEMBLE

People's Assembly : 8 August, 2000 NGO Pemantau Team Report

The Police We have to say that their presence NGO Pemantau At the Federal Court was to intimidate anyone who dared to be there that morning. There were approximately 30 NGO An extremely large presence of Pemantau on duty, stationed at sev- police greeted us in the morning The Peaceful eral points in the areas near the as we got ready to go about our Assembly court and around the HongKong business. There were about 20 Shanghai Bank Corporation police trucks, three water cannons About a hundred to three hundred (HSBC) area. Overall the police did and other vehicles around the vi- people gathered on the side of the not give us any problems, with the cinity of the Federal Court and river behind the courts. For the exception of a few instances, which lower court areas. In attendance most part they sat on the ground, are mentioned below. too were police riders on horse- sang songs, shouted slogans and back and policemen with dogs. prayed for the country. The lead- We note that today, most plain- Once again the number of people ers of that gathering reminded the clothes police had their green vests in the peaceful assembly was people there to sit down and to on. small (the other peaceful assem- stay together in one place. Some bly referred to was on 4 August, people made brief speeches occa- The Arrests 2000). We estimate that there were sionally. The group was sur- There were two rounds of arrests. about three police persons to each rounded by police in uniform and The first one took place at ap- person who was gathered outside plain clothes without all the time. proximately 9:30am, Malek the Federal Court that morning. At The crowd was also waiting for Hussein was arrested by three about nine in the morning the po- Wan Azizah to turn up after the police officers at Jalan Benteng. lice were not allowing people to judgement was passed. Tian Chua was arrested soon af- walk along the side of the road ter in front of the HSBC bank and where the Federal Court was. A There were smaller groups gath- was literally carried away by the Pemantau person was told explic- ered outside the waterfall area at police officers. At the time of ar- itly by police to cross the road and the corner of Jalan Tun Perak and rest, the two had been asked by to stay on the other side of the road. Jalan Tuanku Abdul Rahman. the police to move away. They said There were about 50-60 people on they had a right to be there and At about 9:30am the police had the opposite side of the Federal were arrested subsequently. It moved their men with shields Courts. This included members of seems to us that the police specifi- and batons right in front of the the media. There was another cally did not want these two men Federal Court. No one was al- group that gathered in front of to be there. lowed outside the court. At the SOGO at about 3:30 pm. They same time the police on horses shouted slogans and dispersed at The second round of arrests took rode up and down the street a about 4:30pm when the Federal place at about 12:30pm after the couple of times. Then the police Reserve Unit (FRU) asked them to sentencing of Anwar Ibrahim. with dogs also walked their disperse. dogs up and down the street. At the High Court, the police is- Police helicopters hovered over Three SUHAKAM members were sued the warning to disperse and the area the whole of the morn- at the scene and were still there most people gathered there left the ing. during the arrests. Court area. The police then

Aliran Monthly 20(7) Page 36 walked from the High Court to the member who had just arrived they make orders for dispersing. Benteng area where the police is- at the HSBC area after the dis- sued the first warning to disperse. persal casually mentioned the NGO Pemantau Just as the crowd was standing name of the officer who was (Monitoring) up to leave, the police advanced. shouting at various groups of The people then sat down again. people to another member. NGO Pemantau is made up of At this point the police repeated When he heard this, he turned members from the People’s Mani- the disperse order with very little around to her and said, “You festo Initiative (PMI), which is a time in between the first and sec- people beat my boys” when it coalition of 12 organizations. The ond warning. They then moved was quite clear that this had role of the NGO Pemantau was to in and began arresting people. In not in fact happened. assist SUHAKAM (Human total eight people have been re- Rights Commission of Malaysia) ported as arrested. Eyewitness 4. Eyewitness reports also state to monitor a people’s assembly. reports state that many more were that two of those who were ar- arrested but released a little later. rested, Mona Suffian and The objectives of the NGO Sabran Hamzah had red Pemantau team are: According to a NGO Pemantau marks on their faces. The eye- • To monitor a people’s assem- member, several men and women witness had in fact seen Mona bly to ensure that people have were also hit by the police with Suffian being slapped by the a right to assemble peacefully canes. police. as per the Federal Constitution, Article 10 and the Universal Specific incidences of concern to 5. We note with concern the pres- Declaration of Human Rights, us.us.us. ence of police dogs and Article 20; 1 . At the HSBC, while the crowd mounted police officers at the • To monitor any form of vio- was being dispersed, NGO Court area. We feel that this lence which violates the Uni- Pemantau members reported was completely unnecessary versal Declaration of Human that several police officers and was used purely to Rights Article 19 (freedom of shouted at an elderly woman frighten people. expression and opinion) and who was seated there. Accord- 20 (the right to assemble and ing to eyewitnesses, she had Our Conclusions associate). also been kicked by an officer. The police also chased the peo- We believe that if the police remain Organizations who are members ple into buildings, and also a little patient we can have a of PMI are: chased people out of the bus peaceful assembly in the country. 1.Persatuan Sahabat Wanita stops. As far as we can see people are 2.Persatuan Masyarakat Selangor & quite willing to listen even at Wilayah Persekutuan 3.Women’s 2. Two NGO Pemantau members times when they are upset as they Candidacy Initiative (WCI) 4.Majlis were harassed by plainclothes were after hearing the verdict and Graduan Malaysia 5.Pusat police. The first one was di- sentence imposed on Anwar Komunikasi Masyarakat (KOMAS) rected to hand over her IC and Ibrahim. For four hours this morn- 6.Jawatankuasa Sokongan Peneroka also asked why she was tak- ing we saw how a peaceful assem- Bandar 7.Bosses Group 8.Ex-ISA ing pictures. The second inci- bly monitored by the police can Detainees group 9.ERA Consumer dence was when another actually take place. 10.Gabungan Rumah Panjang member was warned three 11.Group of Concerned Citizens times to leave and warned not We want to reiterate that the po- 12.Suara Rakyat Malaysia (SUARAM) to think that just because she lice need not have turned in full had the NGO Pemantau tag force and have water canons, Members from some of the organi- that he would not arrest her dogs and horses. Worse than all zations mentioned above and and said that he would if she this is to have so many police per- members from Pertubuhan continued to be there. sons armed with guns. Further- Jemaah Islah Malaysia (JIM) more police officers must give joined the Pemantau NGO in its 3. Another NGO Pemantau crowds time to disperse when monitoring work. q

Aliran Monthly 20(7) Page 37 RIGHT TO ASSEMBLE We Disagree With SUHAKAM It is unfortunate that the SUHAKAM observers failed to perceive the atmosphere of intimidation caused by the police.

he Bar Council Legal Aid right to freedom of speech as there were two incidents in Centre (KL) sent 24 vol- provided for in Art 10 (1) (a) of which policemen were rude TTT unteer lawyers as ob- the Federal Constitution and unnecessarily shouted at servers on behalf of the our observers to leave the Bar Council to monitor the public 4) At the very outset, Mr. Tian scene . We view this seriously, assembly that took place on 8th Chua and En. Abdul Malek as the observers were there to August 2000 for the delivery of the Hussin were arrested appar- monitor the situation and de- judgement in the Dato’ Seri ently for “preventive” reasons. served the fullest cooperation Anwar Ibrahim trial. We were ap- These 2 persons had as much from the police. palled by the conduct of the po- right as anyone else to be lice at the assembly. Our findings present at the assembly. In conclusion, although the con- based on the reports of our observ- duct of the police in this instance ers are as follows :- 5) The assembly at HSBC Bank has improved in comparison to was forced to disperse shortly their conduct at previous assem- 1) The extremely heavy police after delivery of the sentence on blies , the right of the public to as- presence, including many wa- Dato’ Seri Anwar Ibrahim. semble was seriously curtailed ter cannon trucks and rattan- There was no reason to break and compromised by police ac- wielding policemen including up this assembly, as it was en- tions on 8th August 2000. The po- the GORU, created a general tirely peaceful. lice did not display adequate un- atmosphere of intimidation derstanding and respect for the and harassment of the public. 6) Our observers witnessed no provisions of Art 10 of the Federal This prevented large numbers acts of provocation or violence Constitution. We can only con- of people who would have by those who assembled. They clude that it was the intention of wanted to exercise their right were well-behaved and peace- the police to frighten the public to assemble from doing so. The ful at all times. from participating in the sched- actions of the police therefore uled assembly on 8th August directly infringed the right of 7) The police immediately 2000.We also disagree with the the people under Art.10 (1) (b) moved in to make arrests af- view expressed by SUHAKAM of the Federal Constitution to ter a dispersal order was that the police were “non-con- assemble peaceably. made at the HSBC Bank with- frontational and people- out giving the people an op- friendly”. It is unfortunate that 2) Most people were not able to portunity to disperse in an the SUHAKAM observers failed get to the Federal Court build- orderly manner. to perceive the atmosphere of ing where the verdict was to intimidation caused by the po- be delivered as it was tightly 8) The police throughout gave the lice. We also note that cordoned off by the police. impression that the assembly SUHAKAM sent only 3 observ- was at their sufferance and in- ers to monitor the assembly on 3) Persons who attempted to give dulgence, which indicates a 8th August 2000 which clearly speeches to an assembly in misunderstanding by the po- hampered their capacity to dis- front of the HSBC Bank at lice of the import of Art 10 of charge their function properly. Leboh Pasar were warned to the Federal Constitution. desist at once on pain of being N.Surendran dispersed. This was an unwar- 9) Although generally the police Bar Council Legal Aid Centre ranted infringement of their were tolerant of our observers, Kuala Lumpur

Aliran Monthly 20(7) Page 38 INTERNATIONAL

Wider Repercussions

The Pinochet Effect In addition, some African coun- tries have also been seeking jus- Many former dictators may face their accusers in tice. Human rights groups in Sen- court. Who's next? egal tried to bring a prosecution against Hissene Habre, the former by James Reynolds in Santiago dictator of Chad. However, the court ruled that it had no jurisdic- tion over crimes committed out- or many years, ex-mili- ior retired officials have now side the country. Mengistu Haile tary rulers in South been arrested and charged. Gen- Mariam, the former military dic- FFF America were protected eral Pinochet himself has been tator of Ethiopia, now in exile in from trial by a series of affected by the profound Zimbabwe, recently visited South amnesty laws, presidential par- changes in his country’s judicial Africa for medical attention. dons, and tacit agreements. This system. was seen by many as an accept- Human rights campaigners, in- able price to pay for a peaceful In June, the Court of Appeal in spired by the Pinochet case, ar- transition to democracy. Santiago voted to strip him of the gued that the South African au- immunity from prosecution he thorities should arrest the former However, the arrest of Chile’s holds as a life senator. In early ruler. Mengistu returned to Zim- former military leader, Augusto August, the Supreme Court rati- babwe before legal action could Pinochet, in Britain in October fied this decision. The path to- get off the ground. 1998 changed that. wards a full trial is now open, af- ter many years during which it In Indonesia, prosecutors have No longer was thought that a trial of Gen- filed corruption charges against ‘Untouchable’ eral Pinochet in his own country the disgraced former Indone- was impossible. Now, many see it sian President Suharto. The in- His detention ended the belief that as inevitable. In neighbouring dictment accused him of embez- ex-dictators were untouchable. For Argentina, a number of former zling $571m from the state dur- the first time, many in South members of the military junta ing his 32-year rule. For the mo- America began to contemplate se- which ruled from 1976 - 1983 ment, few in South America ex- riously the possibility of bringing have been placed under arrest. pect to see the former military former military leaders to trial. They are accused of taking part in rulers convicted. For the most This would have been unthink- a plan to kidnap babies born to part, they are elderly, in ill- able before General Pinochet’s ar- political prisoners. The case health, and are not expected to rest. against the retired officers is now survive the lengthy legal proc- proceeding, albeit at a very slow esses begun against them. Bit by bit over the last two years, pace. the series of amnesties, pardons But for many, the main point has and agreements has begun to un- In Uruguay, a commission has already been made: generals who ravel. The so-called “Pinochet ef- now been established to try to find were once all-powerful and un- fect” has been most noticeable in out what happened to those peo- touchable are no longer beyond the general’s own country. ple who disappeared during the the reach of the law. country’s years of military rule. Chile’s courts have now, for the This is proof that full democracy first time, begun to avoid the In Brazil, a congressional commis- is finally beginning to establish 1978 Amnesty Law, which for sion has begun moves to indict itself, at the very least, in South many years prevented the trial Paraguay’s former military ruler, America. q of those accused of human Alfredo Stroessner, who is living rights abuses. A number of sen- in exile in Brasilia. Source : BBC News; 14 August, 2000

Aliran Monthly 20(7) Page 39 APPEAL Can You Influence One Malaysian? You can make that difference!

an entire vision of a just and demo- kept secret. Dear Reader, cratic Malaysia. Thank you Recent events have left many But first of all are you a sub- Malaysians feeling profoundly scriber? If you are not, why not Aliran Monthly Editorial Board disturbed over the direction our subscribe now? That way you country is heading. If you are feel- will not only be receiving the ing outraged, you are in good com- magazine by post every month but pany. will be contributing up-front to assist us greatly in our struggle So why not do something con- for a just society. Rest assured, our structive about it? You may think list of subscribers is kept strictly there is very little a single indi- confidential. Besides, ours is a vidual can do to change the perfectly legitimate magazine and course of history. Well, we have we have hundreds of civil serv- news for you: YOU can make a ants on our list of subscribers in- difference. cluding government officials, teachers, students, and university Every little bit counts. How about libraries. helping us to create awareness about what is happening in our You see, it makes sense to sub- country? scribe. First, you will help to im- prove our cash-flow position. Sec- Aliran Monthly is probably Ma- ond, you don’t have to go out hunt- laysia’s best-kept secret. If you feel ing for the latest AM when it hits Aliran Monthly is an important the streets - instead it will arrive means of raising awareness of an at your door-step every month. alternative vision of Malaysia, Third, you will actually save RM8 why not share your views about a year. it to a friend, a relative, or a col- league? So, this is your assignment: influ- ence one other Malaysian to read Why not try to influence them to or subscribe to Aliran Monthly. If read the magazine or take up an you are not already a subscriber annual subscription? Test your yourself, subscribe now! persuasive skills. Instead of allow- ing your old copies to collect dust, Remember every little bit counts. pass them to your friends and rela- If all our readers were to each in- tives to give them an idea of what fluence one person to read Aliran we are about. Or give them gift Monthly, we could double our cir- subscriptions on birthdays and culation. other festivals. You are not pro- moting just another product but Help us to share Malaysia’s best-

Aliran Monthly 20(7) Page 40