ACCOUNTABILITY

POLITICAL RIVALRY AND PRIVATISED PATRONAGE

rr:r2] hile much of the at­ u.IJ tention on the brew- ing controversy sur­ rounding the construction of the Bakun Dam in Sarawak has centered on the likely im­ pact of this massive project on the environment, a tangled web of corporate manoeuvres involving politically well-con­ nected businessmen has been spun which might ensure the implementation of the project despite mounting protests. The Bakun Dam project may well prove to be another indication of the limited transparency and accountability within the Barisan Nasional government and further provide evidence of how political power has been abused for vested interests through the government's privatisation policy.

continued on page 4

A/iran Monthly / 995: 15(7) Page 2 2 Property Prices 9 Effects of Large Dams 11 Skirting the Issues 13

Metropole 19 Ecological and Spiritual Revolution 31 Judiciary in Thrmoil 34

Thinking Allowed 21 Published by AI iran Kesedaran Negara (ALIRAN) 12, .I alan Pantai Aziz Ibrahim, Letters 25 11900 Pulau Pi nang. l\lala) 'iia. (l'o-.;;tal Addres'i : P 0 Box 10...9. Current Concerns 29 10830 Pulau Pi nang. Mala) sin.) Tel/ Fax : 604 • 6415785

tJ771&ieS

Subscription Form 18 Printed by RP Printers Snd. Uhd. 66, 68 & 70 J a lan Air llam 10_.60 Pulau Pinang, !\lalaysia. Tel : 604 . 365546

is a Malaysian non-governmental organisation listed on the roster of the Economic and Social Council of the United Nations. Guided by universal spiritual values. Al iran strives for genuine unity by promoting social justice and human L~I)'Out and Graphic b~ Leller St_\ ler lmpres~ i on dignity. Membership is open to all Malaysians above 21. 62, 1st Floor. Wisma S~l\\ Kha\\ Le:m. Pen~kalan \Veld

If you are interested in joining Ali ran, please contact the 10300 Pulau Pinang,l\lala.'Sia. Tel / Fax: 604-2632585 Hon Secretary at the address 'hown in this page.

A/iran Monthly /995: 15(7) Page 3 requirements, generating an est in the company would di­ Prlvatlslng Bakun annual revenue of at least minish to 37 per cent. The RM3.5 billion. Apart from this, Sarawak state government In January 1994, Malaysia's the timber revenue from the would hold a direct interest in largest privatised contract, the massive Bakun Dam site the remaining 55 per cent of construction of the massive should generate at least RM2 SESCO's equity. SESCO is RM15 billion Bakun Dam billion within the first few years also proposing to build another project in Sarawak was of the project. smaller dam 1n Sarawak, the awarded -without tender­ Murum Dam. to publicly-listed Ekran Bhd, The Sarawak state govern­ controlled by Ting Pek Khiing, ment had originally intended It is widely doubted if Ekran an ethnic Chinese Sarawakian to maintain a stake in the con­ had even submitted any full­ timber tycoon closely associ­ struction of the Bakun Dam by fledged proposal for the con­ ated with the state's Chief Min­ privatising the contract to the struction of the dam to the ister, Abdul Taib Mahmud, Sarawak Electricity Suppy Sarawak state government be­ and Government Economic Corporation (SESCO), the fore the company was state's power utility concern; awarded the privatised con­ SESCO was then to be in­ tract. Ting himself disclosed volved in a reverse takeover that his environmental impact of public-listed Dunlop Estates assessment (EIA) report on Bhd, controlled by T K Lim the Bakun Dam would only be through Multi-Purpose Hold­ ready in June 1994, almost six ings Bhd, thus also giving the months after the project was Sarawak government control awarded to Ekran (see New over a quoted company. Straits Times, 24 February Ting's Ekran , however, appar­ 1994); when the first part of the ently managed to obtain the EIA report was finally released dam contract at the eleventh at the end of March 1995, the hour through the alleged inter­ document was displayed only vention of Daim (see Asian in Sarawak at a cost of RM150 Ting Pek Kl1iing of Ekran Wall Street Journal, 2 Feb­ per copy. Following protests Advisor Daim Zainuddin. ruary 1994). from environmentalists, just two copies of a 318-page re­ The Bakun Dam project, To pacify a reportedly fuming port- basically a summary of touted as the largest hydro­ T K Lim, Dunlop Estates was the EIA, without the necessary electric dam project in South­ compensated for its loss of appendices - was made East Asia, involves the con­ participation in the potentially available to the public in Kuala struction of a dam 190 metres lucrative Bakun Dam project Lumpur in July. high and 300 metres wide and when the government ap­ the underwater installation of proved a partial privatisation Protesting Bakun two 648 kilometre-long elec­ of SESCO- Dunlop Estates' tricity transmission lines be­ reverse takeover of 45 per Even before the award of the tween Sarawak and Peninsu­ cent of SESCO's equity would construction contract, critics lar Malaysia. On completion in enable the Sarawak state gov­ pointed out that the Bakun the year 2004, the dam is ex­ ernment to hold a 45 per cent Dam contract was overpriced pected to supply at least a stake in Dunlop Estates while by at least RM6 billion, that quarter of Malaysia's power Multi-Purpose Holdings' inter- Ekran had no relevant experi- ence in dam construction, and entities in the project has not paign has been muted. that the company would have yet been finalised; for ex­ much difficulty raising the sub­ ample, the EPF is still unde­ The necessity to play down the stantial funding required for cided on whether to participate protests is probably because the project on its own (see Far in the project by taking up eq­ the Bakun Dam project had Eastern Economic Review, uity participation or merely previously been shelved by the 10 March 1994). Although acting as financier (see Busi­ government. The dam project Ting disclosed that Ekran ness Times, 10 July 1995). had, in fact, been on the would have to "borrow about Ekran, however, remains re­ RM12 billion to complete the sponsible for the construction job", from sources that are "all of the dam. This suggests that local ," he insisted that Ekran although these major govern­ would "not be getting a gov­ ment-controlled companies ernment grant"; the company, and the EPF may stand to however, had "earmarked at benefit from their long term in­ least 50.1 per cent equity (of volvement in the Bakun Dam the project) for the Sarawak project - if it eventually state government" (Malay­ proves profitable- their par­ sian Business, 16 March ticipation was primarily to fa­ 1994). cilitate the substantial financ­ ing required to construct it. Thus, it was not surprising when , one year later, in April Dr.Malwrhir :Announced in /990 rhar 1995, the federal government 80\'ernment was abandoning the Following disclosure of the Bakun project. announced its decision that 51 EPF's involvement in the per cent of the Bakun Dam project, opposition to the con­ government's drawing board was to be allocated to Ekran troversial project increased. In for some time; as early as July and the Sarawak state gov­ one joint statement to the gov­ 1982, government-appointed ernment, while the remaining ernment, for example, nine foreign consultants had com­ 49 per cent was to be divided non-governmental pleted a feasibility study for a between government-con­ organisations (NGOs) pro­ hydroelectric project in Bakun, trolled, but listed, Hicom Hold­ tested the possibility that "the and by March 1986, the Minis­ ings Bhd and Tenaga bulk of the funds (for the try of Energy, Telecommunica­ Nasional Bhd - among the project) [would] come from the tions, and Posts had issued its most heavily capitalised com­ EPF" and queried how "the own report on the dam project. panies on the Kuala Lumpur EPF Board [could] justify sink­ Following sustained protests Stock Exchange (KLSE) - ing so much of the funds be­ from both local and foreign en­ and the government's Em­ longing to ordinary Malaysians vironmentalists, however, ployees' Provident Fund into such a controversial Prime Minister Mahathir (EPF) . (The Bakun Dam project which is almost devoid Mohamad announced in 1990 project has been privatised in of any meaningful public ac­ that the government was aban­ the build-operate-own (BOO) countability?" [Aiiran Monthly, doning the project; "Malaysia", form) . 1995: 15(5)]. Despite evident he said , "[was] making a big vocal opposition to the project, sacrifice for the environment" Interestingly, despite this an­ since NGOs have very limited (Hak, 1 March 1994). nouncement, the manner and or no access to the controlled extent of involvement of these local press, the protest cam- Environmentalists are protest-

Alirarr Monthly 1995: 15(7) Page 5 ing against the dam because tween Deputy Prime Minister ports on the Bakun Dam it would cover almost 200,000 and Finance Minister Anwar project (see New Straits acres (an area larger than the Ibrahim and Daim Zainuddin Times, May 1994 issues). size of Singapore), dislocating over how businessmen close almost 5,000 people from five to Daim- some of whom, like Evidence had been growing of of Si:uawak's numerous tribal Ting Pik Khiing, were non­ Daim's associates gaining con­ communities (Kenyah, Bumiputeras- had been ob­ trol over the most lucrative Kajang, Kayan, Ukit and taining the most lucrative con­ privatisation opportunities Penan). It would submerge tracts; this had upset busi­ awarded by the government to around 173,000 acres of for­ nessmen closely associated the corporate sector. For ex­ est, irreparably damaging the with Anwar and put the Fi­ ample, in December 1993, as state's ecosystem. Interest­ nance Minister under some part of its privatisation ingly, unlike previous occa­ pressure. programme, the government sions, the protests in 1994 announced its intention to sell were not only from critics of Anwar was also believed to a controlling 32 per cent stake the government. have been upset over reports in the national airlines, Malay­ that at least 60 per cent of gov­ sia Airlines Bhd, to a company Political Rivalry ernment-owned Bank controlled by Tajudin Ramli, Bumiputra Bhd, Malaysia's one of Daim's earliest business Criticisms have also surfaced second largest bank, was to partners. In 1994, United En­ from within UMNO Baru be bought over, without his gineers (M) Bhd (UEM), con­ ranks. There has been a pre­ consent, by Samsuddin trolled by Halim Saad, a well­ cedent; during the 1992 Hassan, a close business as­ known Daim protege, obtained UMNO General Assembly, sociate of Daim (see Malay­ the privatised contract to con­ objections were raised by sian Business, 16 March struct the second link highway UMNO Baru members that 1994); this appeared to under­ between Malaysia and non-Malay businessmen were mine Anwar's influence, even Singapore. The award of the obtaining lucrative privatised over his own Finance Minis­ Bakun Dam project to Ekran contracts. It is doubtful, how­ try. Not long after, in a surpris­ was just the latest evidence of ever, if such protests by these ing turn of events, the New such government patronage. politicians have been solely Straits Times, controlled by due to the desire to protect the Anwar associates, began to Prlvatlsed Patronage interests of the larger carry not too favourable re- Bumiputera community, let alone those of the tribal com­ Incorporated as Wiradaya Sdn munities of Sarawak, or even Bhd on 10 September 1991 , the environment. The protest Ekran's name-change was ef­ against the Bakun Dam by fected in March 1992 following UMNO Baru members ap­ a reverse takeover of publicly­ pears to be another reflection listed Federal Cables, Wires of · internal discontent within and Metal Manufacturing Bhd the government as projects (FCW), then a suspended, ail­ have been privately allocated ing telephone and electric in the process of privatisation. cable manufacturer and sup­ plier. Ting had managed to By May 1994, it appeared that obtain a controlling stake in Samsuddin : B11ying Bank Bumipwra 7 tension was mounting be- FCW after a lengthy battle with

A/iran Monthl1· / 995: 15(7) Page 6 two other companies, one of and state assemblyman from nence - and notoriety - which was the influential Kedah. A close associate of when his name was implicated Sapura Holdings Bhd , con­ Prime Minister Mahathir, in the infamous scandal involv­ trolled by Shamsuddin Kadir. Shuaib is also secretary of ing the sale of nine million UMNO Baru's Merbok division privatised Syarikat Telekoms After acquiring FCW, Ekran in Kedah , of which Daim is (M) Bhd (STM) shares to three took over FCW's listed status, chairman. Shuaib gained obscure companies apparently while the latter was renamed some prominence in the late controlled by MIC President, S FCW Industries Sdn Bhd. Ting 1980s, when he was awarded Samy Vellu. Daim, then Fi­ then also injected into Ekran the privatised contract to de­ nance Minister, was allegedly his main private company, velop a commercial centre responsible for the award of Woodhouse Sdn Bhd , a tim­ under the Merdeka Square in the privatised STM shares to ber and housing construction Kuala Lumpur. His company, these companies. One of the concern. By this time, Ting has however, had no construction three companies linked to also acquired a stake in an­ experience and eventually Samy Vellu which received the other listed company, Pacific went bankrupt. A company STM shares was Clearway Chemicals Bhd. controlled by Wan Azmi Wan Sdn Bhd; Jasa Kita had report­ Hamzah, another Daim pro­ edly played an instrumental According to Ekran's 1993 An­ tege eventually completed the role in helping Clearway dis­ nual Report, Ting is the project. pose of the STM shares for a company's major shareholder profit. One of the shareholders with a 25.25 per cent stake; Rasip Haren is also a director and directors of Clearway was his wife holds another 5 per of another quoted company, Robert Tan's driver, cent of Ekran's equity. Two mi­ Jasa Kita Bhd, which is listed Baharuddin Mohd Arip, who nority shareholders of the on the KLSE 's Second Board; also served as a director of company with approximately the majority shareholder of Jasa Kita. one per cent equity each are Jasa Kita is Robert Tan Hua Mahmud Abu Bekir Taib and Choon, reportedly a close In 1993, another of Tan's com­ Sulaiman Abdul Rahman bin business associate of both panies, Spanco Sdn Bhd, ob­ Abdul Taib, both sons of Daim and Ting. Popularly tained a lucrative privatised Sarawak Chief Minister Abdul known as the "Casio King", af­ contract from the government Taib Mahmud; both men are ter he managed to secure the to service all public-owned ve­ also minority shareholders of franchise to distribute Casio hicles. Rasip Haren is also a Pacific Chemicals. By the end brand watches and calcula­ director and shareholder of of 1993, nominee companies tors, together with Ting, Tan Spanco. Under this held at least 43 per cent of obtained control of Pacific privatisation scheme, Spanco Ekran's remaining equity, Chemicals in 1992; not long would acquire all government­ making it impossible to iden­ after, Tan divested a major owned vehicles and then lease tify the other shareholders of portion of his stake in Pacific them to the government; the company. Chemicals to Ting, but re­ Spanco would thus become mained a minority shareholder responsible for the mainte­ Two other minority sharehold­ and deputy chairman of the nance of the vehicles. Since ers of Ekran are Shuaib Lazim company. Tan also has an in­ the project involves leasing at (0.66 per cent equity) and terest in another listed com­ least 60,000 vehicles to the Abdul Rasip Haren (0 .99 per pany, UCM Corporation Bhd. government at market rates, cent equity). Shuaib Lazim is Spanco is expected to gener­ a former UMNO Baru senator Robert Tan gained promi- ate an annual turnover of

A/iran Monthly 1995: 15(7) Page 7 around RM1.5 billion. Holdings Bhd and that its main companies, was to be injected activity would be manufactur­ into Granite in return for a ma­ Corporate Maneuverings ing fiber optic and submarine jority stake in the company. cables. The company was In December 1993, Ekran also confident of being It appeared that although Ting sold FCW Industries to Rob­ awarded the undersea cabling had managed to secure con­ ert Tan, Rasip Haron and por.tion of the Bakun Dam trol over another listed com­ Mohd Noordin Daud for project from Ekran. pany, he had been used to help RM202 million; it made an bail out Granite after the latter's extraordinary gain of RM78 Through this reverse takeover, ventures into China's gaming million by divesting its interest FCW Holdings obtained an industry failed to take off, leav­ in FCW. This was a surprising indirect listing on the KLSE. ing the company enmeshed in divestment since FCW's in­ The RM202 million paid by mounting losses. Considering volvement in cable manufac­ Tan and his associates to the manner in which majority turing was expected to be cru­ Ekran for FCW Holdings was ownership of companies linked cial for Ekran's construction of apparently "very cheap" (see to Ting and Daim's business the Bakun Dam. Business Times, 18 March associates have been shifted 1994). This was confirmed around, Ting's control of Gran­ In March 1994, within a few when in mid-1995 - after a ite could well be a stop-gap months of the FCW acquisi­ two-for-one bonus issue and measure. tion, the Canadian-controlled a one-for-five rights issue was listed shoe manufacturer, Bata declared - 30 per cent of Plans are·under way to ensure (M) Bhd, announced its take­ FCW Holdings' equity was that most of the lucrative sub­ over of FCW for RM202 mil­ sold by Tan to another promi­ contracts under the Bakun lion, the same amount paid by nent Daim associate, Halim Dam project are awarded to Tan and his associates to ac­ Saad of the Renong Group, companies associated with quire the cable company; in for RM304.78 million, evi­ Ekran. Pacific Chemicals has the process, Tan obtained dently giving Tan profitable been offered by Ekran the control of another listed com­ returns for his investment in land-clearing subcontract pany. FCW Holdings. Despite his di­ project involving 17,750 hect­ vestment of a majority stake ares of forests located in the Under the conditions of the in the company, Tan still Bakun Dam area while FCW Bata takeover, the major owned 21.58 per cent of FCW Holdings is expected to be shareholders of the shoe Holdings' equity. awarded the multi-billion sub­ manufacturer had to relinquish contract to lay 2, 700 kilometers their 62.1 per cent stake in the Ting has also had business of submarine and high voltage company; in return, they ob­ dealings with other transmission cables. tained the entire shoe· busi­ Bumiputera businessmen ness and RM58 million, leav­ closely linked to Daim. In No­ Since the award of such poten­ ing Bata a shell company; the vember 1994, through a tially profitable subcontracts new shareholders would then share-swap, Ting executed a can help increase the values inject FCW into Bata. takeover of the ailing, publicly­ of shares of companies receiv­ listed Granite Industries Bhd, ing them, significant profits can Following the takeover, Bata's controlled by Samsuddin Abu be expected to be made new shareholders announced Hassan. Diamond League through further share that the company's name Sdn Bhd, a holding company maneuvres involving compa­ would be changed to FCW for a few of Ting's unlisted nies which are closely inter-

A/iran Momhly /995: 15(7) Page 8 connected through common opportunities. ters, sceptics may probably be directors and shareholders; justified in regarding these ac­ thus, control of the Bakun Thus, while Daim's call for the tions as mere rhetoric. It ap­ Dam project and its subcon­ need to protect the environ­ pears that the government's tracts can be retained despite ment and Anwar's recent decision on the implementa­ the shifting around of such meeting with some NGOs to tion of the project may well de­ corporate stock. discuss their reservations pend on a political rivalry that about the Bakun Dam and his seems to have been transpir­ The manner in which Ekran visit to the project site to meet ing within UMNO Baru from the managed to obtain the Bakun the residents of the area have time of the award of the Bakun Dam contract reflects the in­ been welcomed by all quar- Dam project to Ekran. o ability of the bureaucracy to function independently and the capacity of senior govern­ ment leaders to make deci­ sions favouring vested inter­ ests. The fact that the direc­ Pn~perty Prices and the Bakun Dam: tors and shareholders of A Coffee-Shop Analysis Ekran and the companies as­ sociated with it, for example, FCW Holdings and Pacific Chemicals, seem to be closely linked with Daim is evidence Recently, housing and property p!"ices in Kuching, Sara have of this. sky-rocketed beyond the reach of the local populace. Accord­ ing to some leading Kuching coffee-shop analysts, this is be­ Although Ekran has an estab­ cause many wealthy Foochow Chinese from the Rejang valley lished reputation in construc­ are heavily investing in real estate here. The Foochows are tion, the Sarawak state widely acknowledged among Sarawaldans for their astute busi­ government's decision to ness acumen. award the RM15 billion Bakun Dam contract to a single com­ Coffee-shop analysts concede that this latest property boom is pany that has no experience partly due to the fact that wealthy Foochows are diversifying in building dams suggests favouritism which may have their economic base away from the timber industry since tim­ several implications- one of ber is nearly all but depleted in Sarawak these days. However, which is the need to involve these same analysts also note that the recent Kuching property the EPF in a controversial boom is not so much a case of shrewd investments. Rather, project. The award of major many wealthy Foochows are only preparing themselves for all contracts to Ekran and eventualities since there are too many unanswered questions Spanco without tender also about the Bakun dam. indicates that the government's privatisation programme is providing a rela­ Apparently, there is genuine concern among these wealthy tively few politically well-con­ Foochows living in towns down-river of Bakun (e.g. Belaga, nected Bumiputera and non­ Kapit, Sibu and Sarikei) that the Bakun dam might break/burst Bumiputera businessmen either due to an earthquake (Since 1870, there have been many with the most lucrative

A/iran Monthly 1995: 15(7) Page 9 earthquakes measuring be- among many wealthy is completely safe in the long tween 3-6 on the Richter scale Foochows that a severe drop run. The powerless population along the coast of Sarawak in the Rejang river water level of the Lower Rejang valley fear between Kuching and Miri. will bring about a massive possible adverse environmen­ The latest known earthquake drop in property values. This tal impacts on their lives and was one measuring 5.1 on the is because Bakau wood disin­ property in the long run. Nei­ Richter scale 100 km east of tegrates without moisture and ther are the current guarantees Sibu, i.e. in Kapit district in peat land sinks when the wa­ being given by the Sarawak February 1994, quite near to ter table drops. And when and Federal governments re­ the Bakun dam!) or due to a Bakau wood foundation splin­ garding Bakun reassuring in massi ve overflow of water ter and peat land sinks, every the face of one environmental which may overwhelm the Sarawakian knows that houses mishap after another through­ Bakun dam if rainfall in the crack, break up, keel over and out Malaysia over the last few Bakun catchment area is ex- sink despite all efforts to prop years. If anything, many per­ cessive. Any such dam break them up. Thus, the bee-line to ceive that the government has would most certainly ensure buy up Kuching property! Of been only too quick to classify the cost free re-location of course, this is good news for environmental disasters as Belaga, Kapit, Sibu and property owners and landlords "Acts of God" and simply too Sarikei to the Spratly Islands in Kuching but it poses a slow to take remedial and com­ in the South China Sea. Thus, nightmare for young newly­ pensatory action on behalf of the heavy Foochow invest- married Kuching couples in victims. And as far as "guilty" ment into property outside of dire need of a dream house to developers are concerned, the Rejang valley is but a form live in. And it also is causing many perceive that they prac­ of insurance to ensure that they depression for all Rejang val­ tically get away with murder have a safe place to go once ley property and landowners! since both State and Federal the dam is built. governments are very reluctant More significantly however, is to prosecute them for their de­ Another interesting coffee- that these leading coffee-shop velopment misdeeds. shop analysis related to there- analysts also perceive the cur­ cent property boom in rent property boom in So, since the wealthy Kuching is that the building of Kuching as a large albeit silent Foochows of the Rejang val­ the Bakun dam will see a se- vote of no-confidence and ley know all this only too well, vere drop in the water level of non-support for a project they are taking steps to protect the Rejang down-river of shrouded in surreptitious se­ themselves and their economic Bakun, especially during the crecy. People are voting with investments via re-location to period when most of the wa- their feet because they have Kuching! 0 ter of the Rejang is siphoned not been given a chance to to fill up the Bakun dam. As openly declare their stand on Sk_l'll'lliker Sa rawak most of the towns (esp. Sibu) Bakun in a free singular issue 18 Augwr / 99 within the Rejang valley are referendum. Many feel that built on peat swamp land with there is just not enough infor­ Bakau wood used as founda- mation being made available tion, there is genuine fear to prove that the Bakun dam

A/iran M onthly / 995: 15(7) Page / 0 tunately, such change is gener­ ally for the worse. Indeed, in THE most cases, it has let to an up­ surge in waterborne and other SOCIAL &.. ENVIRONMENTAL diseases. EFFECTS OF LARGE DAMS The survival of Two prominent scholars, Mr Edward Goldsmith and wildlife Is damned Mr Nicholas Hildyard, had made an extensive study on the various implications of building huge dams in vari­ In North Perak, nmthern Ma­ ous parts of the world. Although slightly dated, the study laysia, the Temenggor Dam has nonetheless does offer arguments and information that drowned valuable forests, are by and large still relevant and useful for us Malay­ threatening the survival of 100 sians to ponder upon. In this issue of Aliran Monthly, species of mammals and 300 species of birds. Most of these we publish excerpts from their book The Social & En­ vironmental Effects of Large Dams, with the hope that species are already near extinc­ the jottings of these two men can enlighten us and pro­ tion. Most severely affected vide some insights into the gigantic Bakun Dam project. have been the Sumatran rhi­ noceros, the Malayan tapir, the Malayan elephant, and the fly­ ing lemur. When land Is priceless adapted to the previous river- ine ecosystem are likely to dis- Had it not been for the efforts When the society that must be appear. In their place, other of local conservationists, the resettled is a tribal one, that species will emerge that are Malaysian government would "love of land" takes on a sig- better adapted to the new en- almost certainly have gone nificance far greather than is vironment. Some will thrive in ahead with plans to dam the the norm in societies where the lake, others in the irriga- Tembeling River in Taman land is viewed as just another tion channels that it feeds, and Negara National Park, the only commodity to be bought and still others in the new towns national park in northern Ma­ sold. Land is the very charter and cities spawned by the "de- laysia. The dam would have on which a tribal culture is velopment" the dam brings. created a 130-square-kilometer based, the resting place of an- Not only will animal and bird lake and would have destroyed cestors and the source of spiri- life be affected, but also plants, the habitat of a number of spe­ tual power; it is thus frequently fungi, protozoa, bacteria, and cies, including the highly regarded with a reverence other microorganisms. Many threatened Sumatran rhinoc­ rarely understood in the West. of those species play an inte- eros, the Malayan tiger, and the gral part in the transmission of Malayan tapir. All this to add a Dams and disease infectious diseases. It follows mere 2.9 percent to the that as the composition of spe- country's total energy capacity. WHEN A RIVER IS DAMMED cies in the new environment and a large artificial lake is changes, so the pattern of dis- Not only in the Third World created, those forms of life ease will change also. Unfor- have governments been less

A/iran Momhly 1995: 15(7) Page II than receptive to conservation. of a river or its tributaries." It Mutapa Gorge) in order to pro­ The Tasmanian government, is this habitat, of course, that duce 500 megawatts of elec­ for instance, was utterly deter­ a dam floods. Since most ani­ tricity wi II drown 130,000 mined to go ahead with its mals "cling tenaciously to hectares of giant mahoganies, plans to dam the Gordon and their home grounds, the arrival acacia woods, and lush savan­ Franklin rivers although the of [the flood waters] spells nah. That land is dotted with area had been declared a heri­ death for most territorial crea­ perennial watering holes that tage site. The proposed dam tures." are vital to local wildlife. Be­ was halted only after the Aus­ cause of the lack of suitable tralian federal government Unfortunately, where efforts habitats elsewhere, inundation took the State of Tasmania to have been made to rescue will force game wardens· to court. Peter Thompson, of the wildlife before a river is slaughter at least half of the Australian Conservation flooded - as was attempted area's present population of el­ Foundation, describes what in "Operation Noah," before ephant, buffalo, lion, leopard, would have been lost if the the closing of the Kariba Dam eland, sable, and other ani­ dam had been built: -they have proved oflimited mals." success. Even if individual The vegetation of the Gordon and animals in the area to be At present, the argument in fa­ Franklin Rivers is a mosaic of flooded are rescued, few will vor of conservation that is most rainforest, wet schlerophyll, scrub be able to breed since they can likely to make any impression heath/and, sedge/and and bog com­ munities. The rainforests are com­ do so only in a river valley like on government planners is an posed of species such as myrtle the one from which they have economic one-the claim that (nothofagus cunninghamii), sassa­ been driven. The same is true wildlife must be preserved for fras (Atherosperma moschatum), of those bird species that man­ the sake of the tourist industry. Leatherwood ( Eucryphia Iucida) and age to escape drowning: a few That argument is being used by the now rare Huon pine ( Dacrydium · franklinii). Many o.fthese species are will fly away, but once their the well-known environmen­ loosely related to temperate natural habitat has been de­ talist Dick Pitman in his efforts rainforest species in New Zealand stroyed, their future breeding to prevent the flooding of the and Chile and it is supposed that they prospects are slim. Mutapa Gorge. Others -notably have common origins on the super­ Bardach, Dussart, and Balon continent of Gondawanaland. We must also remember that -point out that a large popu­ As originally proposed, the as "development" proceeds, lation of herbivores inhabits the savannahs and grasslands dam would have destroyed the number of suitable habitats more than one-third of the to which wild animals can be that are so often flooded by dams. If ranched, these animals Huon pine habitat. transferred is sharply reduced. Eventually, the wildlife has could provide as much food as Discussing the general effects nowthere to go, and game war­ the fisheries developed in the of dams on wildlife, Bardach dens have little option but to artificial lakes that will drown and Dussart note that "most slaughter displaced animals in them. 0 species of large and small vast numbers. For example, game have territories, home the present plan to build an­ ranges and feeding circuits as­ other huge dam on the sociated with the main stream Zambezi River (this time at

A/iran Monthly /995: 15(7) Page 12 itself from the ecological and economic issues, observing: Dam-building: It is understood that the decision to Skirting the Social proceed has been taken. This report, therefore, does not reflect any per­ &.. Environmental Issues sonal or collective reservations held by the Task Force members as to whether society really needs the project, whethere there are more eco­ It might be argued, that the world's largest dams, two new nomical or less environmentally dis­ turbing ways ofharnessing energy re­ governments, development airports, a new ocean port, 60 sources to meet Quebec's future banks and international agen­ miles of dikes, eleven or more needs, or whether society should cies engaged in promoting and electrical generating stations, strive to restrain its electrical de­ financing large dam projects 500 miles of new roads into mands rather than increase its sup­ are genuinely unaware of the the wilderness, the diversion ply. It was assumed that these funda­ mental questions had been ad­ probable social and ecological of the Nottaway and equately considered by the authori­ consequences. We ourselves Broadback rivers into the ties prior to making the decision to do not accept that view. We Rupert River through an proceed. find repeatedly that dams and elaborate tunnel system, and other large-scale water the ' development' of the It is hard to know how the Task projects have been given the Eastmain and La Grande still Force could make that assump­ go-ahead on the bases of the farther to the north." Despite tion. Only a year before the most cursory ecological ap­ the scale of the operation and Task Force reported, and only praisals. In some cases, the its potential environmental im­ a few months before the James appropriate studies have been pact, the government of Que­ Bay decision was taken, the undertaken only after building bec based the decision to push provincial government's own work has begun. This suggests ahead with the project on just economic planning board had to us that governments and in­ two engineering reports. argued that the feasibility of the ternational development agen­ Those reports, claims the scheme had yet to be proved cies alike attach little impor­ Committee for the Defense of and that millions of dollars' tance to the ecological and so­ James Bay, "did not mention worth of studies would be cial problems caused by large social or ecological consider­ needed before work could be­ dams. The following examples ation - not even in passing gin. There is no evidence that underscore the point. -and provided only a crude such millions were in fact 'guestimate' of costs and spent. Moreover, the assur­ James Bay, Canada. Ap­ benefits." ances of government ministers proval for Quebec's giant that ecological studies had James Bay scheme was given A subsequent report by a joint been undertaken prior to the in 1971 before any ecological federal and provincial govern­ James Bay decision are hard to or economic cost-benefit stud­ ment Task Force set up to ad­ reconcile with subsequent ies had been undertaken. As vise on the project was simi­ studies- notably one by Que­ planned, the project involves: larly narrow. Indeed, the Task bec-Hydro, which admitted "The building of ten of the Force was at pains to distance that little was known about the

A/iran M omh/y 1995: 15(7) Page 13 ecology of the 144,000 square pardonable lack of foresight," 23.4 percent of the reservoir's miles to be developed under the planners of Colombia's volume had been lost to sedi­ the scheme. Indeed, Dr K A Anchicaya hydro-electric mentation. Kershaw, a plant biologist at project failed totally to assess McMaster University, was likely sedimentation rates at Skagit Valley, Canada. Per­ subsequently to tell the Com- the dam. According to Robert mission to build the High Ross mittee for the Defense of NAllen, a construction engi- Dam on British Columbia's James Bay: "I have no hesita- neer who worked on the Skagit River was originally tion in saying that we do not project, the problem of sedi- granted to the Seattle City De­ have any biological knowl- mentation and accumulation partment of Lighting after a edge ofthis area worth a damn of debris due to deforestation single public hearing lasting and I would be prepared to go was "completely ignored by just two hours. Because the into court and swear it under the originators of the project High Ross Dam would lin­ oath." and the consultants in their re- pound water belonging to both view of the project." When the the United States and Canada, Tana River, Kenya. No stud- first signs of sedimentation ap- permission to build the dam ies were undertaken on the peared, "a letter from the had to be sought from an inter­ ecological effects of the [dam's] manager to the con- national commission set up Kindaruma and Kamburu sultants, noting the sedimen- under the Canada-US Bound­ dams on Kenya's Tana River tation and requesting informa- ary Waters Treaty. That com­ before construction work be- tion on possible sedimentation mission, the International Joint gan. The feasibility studies for rates, brought the reply that Commission (IJC ), held its the dams only mentioned the tropical rivers carry little sedi- hearings in Seattle on Septem­ likely ecological effects. By ment and that there would be ber 12, 1941. Thomas I Perry the time studies were comrnis- no sediment problem at describes the meeting: sioned- under the auspices Anchicaya." Later, when of Dr B Lundholm of Allensubmittedareporttothe OfthesixCommissionmem­ Sweden's Secretariat for Inter- consultants in which he argued hers, three were absent, includ­ national Ecology and R S that the reservoir would be lost ing the Chairman ofthe Cana­ Odingo of the University of to sedimentation earlier than dian section. Most of the hear­ Nairobi - work on the dam expected, he received the fol- ing time was consumed by Se­ had progressed to such an ex- lowing replies: "We do not be- attle Light's technical presen­ tent that it "was impossible to lieve that the estimates as to tation, while discussion of en­ establish a baseline study of the possible rate of annual ac- vironmental effects of the dam the area." Indeed, the cumulation of deposits in the was limited to a one-minute Kamburu construction site reservoir are justified"; and , statement by the British Co­ was already populctted by "Weareoftheopinionthatthe lumbia Game Commissioner. some 2,000 permanent resi- Anchicaya watershed is such Having never before heard of dents and an estimated 2,000 that the deposits will not ac- the project, he was unable to migratory workers. cumulate to a serious extent comment on the effects of within the economic life of the flooding except to note the in­ Anchicaya, Colombia. In plant." Twenty-one months evitable loss of one of the best what has been called an "un- after the dam was first closed, fly-fishing streams in the whole

A/iran Monthly 1995: 15{7) Page 14 of British Columbia. reached- and in fact, it came on June 5, 1976, causing $1 out guardedly against the dam billion worth of damage. The Wrangling over the amount of - the commission was still dam was under construction money to be paid to the gov­ bound by the decision it had even though the final feasibil­ ernment of British Columbia taken some thirty years earlier. ity study and design study (the for flooding the Skagit Valley so-called "definitive plan re­ meant that Seattle Light did Helmand, Afghanistan. The port) was not finished. Accord­ not obtain full permission to introduction of modern canal ing to Rosaleen Bertolino of build the dam until 1967. It irrigation to the Helmand Val­ the Sierra Club, a geological was not until 1970, when Se­ ley of Afghanistan·was under­ survey of the dam site had been attle Light sought US permis­ taken without any consider­ "watered down" and thus failed sion for the dam, that the first ation of the possibility that the to indicate the "severity of the hearings on the environmen­ land might become salinized. instability of soil materials in tal effects of the dam were Ten years after the start of the the area." Ironically, one of the held. Despite the evidence pre­ project, 5 million acres out of major purposes of the $85 mil­ sented at those hearings, the 23 million had been lost to lion project was flood control. government of British Colum­ salinization and waterlogging, In fact, as we have seen, it is a bia remained intransigent: the with a further 50,000 to characteristic of flood control dam would go ahead. In 1971, 100,000 acres passing out of dams that they tend to increase under increasing pressure production annually for the the severity - while decreas­ from the public, the federal same reason. Commenting on ing the frequency- of floods. government of Canada inter­ that loss of land, Aloys vened in the controversy and Michel, then professor of ge­ Jonglei Canal, Sudan. Twice referred the Skagit Valley de­ ography at the University of as long as Suez and carrying cision back to the IJC, and the Rhode Island, had the follow­ one quarter of the Nile, the provincial government ex­ ing to say: "The only remark­ Jonglei Canal is intended "to pressly forbade its scientists to able points in the Helmand enable the Nile to bypass the give evidence before the com­ experience are that disaster huge papyrus swamps of miSSion. struck so quickly and that the Sudan's Southern Sudd region, reasons for it were so obvious. where half the flow of the No evidence, however damn­ Any engineer or planner White Nile ·is otherwise lost to ing to Seattle Light's case, should have seen them from evaporation." Although the would have made much differ­ the design stage, and some did. scheme - which was to have ence, though, for the IJC's But, instead of redesigning the been completed in 1983 but at hands were tied. Its task was project ... or substantially in­ the time of writing is still un­ solely to "make recommenda­ creasing the size of individual der construction - has less tions for the protection and en­ holdings or lowering the wa­ than half the capacity of the hancement of the environment ter allowances from the start, version proposed in 1954, there and the ecology of the Skagit the project was implemented are still major doubts about its Valley not inconsistent with in defiance of reality." ecological effects. Those the Commission's Order of doubts are heightened by the Approval dated 27 January Teton Dam, United States. general lack of data available 1942." Whatever conclusion it Idaho's Teton Dam collapsed to the Sudanese authorities. In-

Alira11 Monthly 1995: 15(7) Page 15 deed, Dr C E Gischeller told a London-based Commonwealth evidence that the fi sh in the lake 1975 UNESCO/ROSTAS con- Secretariat noted that the dam would need to be able to travel ference: "With respect to the authorities were unable to upstream in order to spawn, "no construction of the proposed answer such fundamental ques­ provision was being made for a Jonglei Canal, it is certain that tions as how they intended to fish ladder or elevator." Small presently existing data are inhibit siltration, whether there wonder Brian Johnson warns largely insufficient to estimate were plans to clear the forest in that "portents of environmental even approximately the conse­ the area prior to flooding, what disaster still hang heavy over quences of such a canal. This would be the ecological conse­ Selingue." means that action without ac­ quences of not undertaking such companying studies would re­ clearance, and what measures Kariba, Zambia. Following the duce the entire enterprise to an were being taken to provide for disastrous resettlement program adventurous undertaking for the resettlement of the 9,500 at Zambia's Kariba Dam, it which no technician can take people who would be displaced emerged that no detailed study responsibility." Gischeller's re­ by the dam. The report also had ever been undertaken to as­ marks were reinforced in 1977 noted that the feasibility study sess the best areas for resettle­ when the Nairobi-based Envi­ prepared for the dam gave no ment. As Professor Theo ronment Liaison Centre pro­ back-up information to support Scudder reports: "Though the duced a report highlighting the "brief assertions" it made as local district commissioner and some of the areas where insuf­ to possible environmental his immediate superiors were ficient data existed to predict the effects. much concerned about the im­ environmental consequences of pact of resettlement on the the Jonglei scheme. In A more serious charge was that Tonga ... no positive action was particular, the report stressed a warning that the growth of taken on their request for an ac­ that no one even knew the ex­ marsh plants and algae might curate ecological survey which act size of the swamp; that the have a detrimental effect on could serve as the basis for the social effects of the scheme had fisheries was "apparently struck selection of resettlement areas not been studied; and that there out." The author of the report and the intensification of agri­ was considerable controversy comments: "It appeared that, culture following resettlement. over the possible climatic con­ because of the immense pres­ Action was delayed until after sequences of depriving the sure from the Government of the 1955 decision to proceed Sudd of its annual flood. Mali to have the dam closed and with the dam, and by then it was the first turbine operating by too late to undertake the type of Selingue, Mali/Guinea. Ac­ August, 1980, various comers detailed surveys required." cording to Brian Johnson, of the (especially those affecting the International Institute for Envi­ environment) were being cut." Volta, Ghana. Here, too, no ronment and Development In particular, the report ob­ (liED), the sole environmental served that "massive eutrophi­ studies were carried out on the study on West Africa's Selingue cation of parts of the lake ap­ resettlement scheme until it Dam, which was closed in pears to be a possibility," but was too late. According to Sir 1980, "deals briefly with the that studies on the growth of Robert Jackson, a noted For­ tourist potential of the reservoir, algae had simply been ignored; eign Office civil servant, the its possible harm to water qual­ that "little was being done to in­ lack of studies resulted largely ity in the region and seismic sta­ form the villagers of the plans from the protracted negotia­ bility." A report prepared for the for the area"; and that, despite tions over the financing of the

A/iran Monthly 1995: 15(7) Page 16 dam. Indeed, he says, "we al­ bution and water-control meth­ nificance of impacts on freshwa­ ways assumed that during the ods to prevent overwatering and ter fish, waterfowl, and other interval during which final ne­ salinization will be undertaken wildlife habitats which would be gotiation would be carried out, as the projects proceed. What­ affected by reservoir develop­ [the] final planning [on resettle­ ever is found, the likelihood of ment in the exporting basins of ment] would be refined in a the project's being halted is neg­ East Texas. Beyond this, how­ great many ways." It wasn't, ligible. ever, none of the major changes however, and it was not until in hydrobiology of these basins two years after prepatory work The Texas Water Plan. In the which could result from the pro­ on the dam had been started that United States, few of the envi­ posed development were re­ the director and staff of the Re­ ronmental implications of the ported as having been studied." settlement Unit were even re­ giant Texas Water Plan have When, in 1977, a revised version cruited. been studied in depth. In the of the scheme was proposed, en­ first 1968 proposal, the in­ vironmental considerations re­ Chico, Philippines. Funding creased salinity of the water to mained "very much secondary for the four dams on the be transported under the plan to to the plan's main considerations Philippine's Chico River was West Texas was looked at, as of engineering and economic approved by the World Bank on was the qualilty of the water to feasibility." Indeed, environ­ the basis of a feasibility study be imported from the mental problems were perceived carried out by a firm of West Missisippi, but not in any de­ largely "as political obstacles to German consultants. That study, tailed way. Charles Greer of the plan's adoption," rather than critics claim, "misinterpreted Indiana University reports that as "geographic realities in which the area, making it out to be a mention was also made of "the the development is to be carried wilderness with only a few recreational and scientific sig- out. 0 scattered families." In fact, the area is the homeland of 90,000 Kalinga and Bontoc tribesmen. In any case, the project was OUR LAND cancelled after intense opposition from the Kalingas UR LAND IS MORE VALUABLE THAN and Bontocs led to a state of YOUR MONEY. IT WILL LAST FOREVER. virtual civil war. It will not even perish by the flames of fire. As long as the sun shines and the waters flow, this land will •be here to give life to men and animals. We cannot sell the Mesopotamia. Although water lives of men and animals; therefore we cannot sell this projects in the Mesopotamian land. It was put here for us by the Great Spirit and we Plains have resulted in the cannot sell it because it does not belong to us. You can overirrigation and consequent count your money and burn it within the nod of a salinization of both groundwa­ buffalo's head, but only the Great Spirit can count the ter and soils, plans are afoot to grains of sands and the blades of grass of these plains. As a present to you, we will give you anything we have that ''develop" the region still fur­ you can take with you; but the land, never. ther. That development, how­ ever, is not contingent upon the appropriate studies being com­ pleted beforehand. Instead, the A RED INDIAN CHIEF search for suitable water distri-

A/iran Momhly /995: 15(7) Page 17 ALIRAN MONTHLY SUBSCRIPTION FORM A GIFT of one publication SUBSCRIPTION RATES of your choice

COUNTRY ONE YEAR TWO YEARS if you subscn"be to MALAYSIA RM20.50 RM40.50 A/iran SINGAPORE & BRUNEI S26 I RM31 S45 I RM62 AIR SEA AIR SEA Monthly ASIA & THE PACIFIC US22 I RM43 US 19 I RM35 US39 I RM 86 US33 I RM70 EUROPE & EGYPT US25 I RM51 US 19 I RM35 US46 I RM I 02 US33 I RM70 AFRICA, NORTH AMERICA, NOW- SOUTH AMERICA, HAW All US27 I RM55 US 19 I RM35 US49 I RM II 0 US33 I RM70

Subscription for I year AIR RM _____ (Tick one) 2 years SEA Songs of Humanity Donation for Aliran Building Fund RM _____ D Thean Teik: The Other TOTAL Enclosed Money Order I Post Order I Cheque RM D Side of Development (no. ) D Dialogue on Democracy Mr/Mrs/Mdm/Miss: ------Address: ______AM 1995, 15(6)

ALIRAN PUBLICATIONS ORDER FORM

Reflections on the Malaysian Constitution ...... RM I 0.00 • Aliran in Pictures ...... RM 5.00 "Liberty of thought • Nation on Trial...... RM 12.00 means liberty to communicate • NEP:Development & Alternative Consciousness ...... RM 12.00 one's thought." • Challenges & Choices in Malaysian Politics & Society ...... RM17.00 • The Human Being Perspectives from Different Spiritual Traditions ...... RM 12.00

Whose War? What Peace? Salvador de Madariage :II 1886·1973 D Reflections on the Gulf Conflict...... RM Spamsh diplomat. wnter. cnt1c D Pelindung ...... RM 12.00

Mr/Mrs/Mdm/Miss: ------Address: ______Send this form and payment to

I enclose money order/postal order/cheque no ______for the sum of ALIRAN DISTRIBUTION RM for the above order. BUREAU P. 0. BOX 1049 10830 PENANG, MALAYSIA * Please include 50 sen for bank commission for outstation cheques. * For local orders, pri ces quoted are inclusive of postage. * For overseas orders, prices quoted in US$. Add 20% of the total order for surface mail and I 00%

of total order for airmail. AM 1995: 15(6)

A/iran Monthly /995: 15(7) Page /8 HERITAGE

Square's offence as anything so serious as the The Penang Municipal Council (MPPP) took Dol­ Singaporeans saw the teen­ phin Square to court for demolishing Hotel age Michael Fay's. Remember Metropole. It turned out to be a case of the good, the jailing and the four strokes the bad and the ugly. of the rotan young Michael suf- fered for having fun spray­ painting cars? In passing sen- tences, the magistrate's court he good news is that is proposing to put up a 39- seemed to have taken into Dolphin Square, the storey hotel where Metropole consideration the fact that this 11 wrecker of the heri- once stood. As The Star has was the first time Dolphin tage· Metropole, has pleaded it, the plans have been sub­ Square had destroyed a listed guilty as charged under the mitted to the MPPP and they building. Said one PHT mem­ Town and Country Planning 'include rebuilding the facade Act 1976. The bad news is that of Metropole Hotel as the ho­ ber, 'Just imagine what old it has managed to get away tel frontage with the high-rise George Town will look like if with the minimum fine of structure behind.' our demolition experts should RM1 0,000, which must be all decide to become a first- mere petty cash to any devel­ To be sure, not every time offender. I'm sure it hasn't oper. And what's ugly is that it Penangite sees Dolphin escaped the demolition experts

A/iran Monrhly 1995: 15(7) Page 19 the MPPP has Metropole disappeared without his not been deaf permission over the Christmas of after all to the '93. Straight talk, tough stand, Chief Minister righteous indignation. Well , the Dr Koh Tsu Town and Country Plann ing Act Koon's well-spo­ 1976 says- and in no uncertain ken words: 'We terms- that those found guilty of are developing tearing down any building illegally fast enough. We are required 'to restore the land do not have to to its original condition.' The word push it any 'land' here must refer not only to faster at the ex­ the building itself but also to its pense of history, grounds, the whole site. And that heritage and the means Dolphin Square putting human condi­ Metropole together again brick by tion .' Metropole : Being reduced to ash brick, tile by pre-war tile , and also at exactly the same spot where it that it makes sense, good busi­ Our developers are not a special stood as its garden must also be ness sense, to be one. It's a small breed of Penangites incapable of returned to its original bird's-eye price to pay for the pleasure of responding to the logic of deter­ view shape. But that cannot be too rence. Threaten them credibly­ making millions knocking down hard to do. Metropole's footprints the MPPP can do this as the lo­ our heritage houses and pretend­ are still there; its 1921 building cal planning authority- with no plan exists. There can be no such ing to rebuild them.' opportunity of any sort to make thing as rebuilding Metropole money from their vandalizing the nearer to Jalan Sultan Ahmad It had been our intention this city's heritage buildings and self­ Shah or its facade (face towards month to castigate the token fine interest will see to it that they try the street) only, so as to create as an example of the MPPP's lack their luck doing something else space for some 'high-rise struc­ of resolve to make full use of the somewhere else. What many ture behind.' courts to discourage the develop­ think will make a strong, lasting ers from further displaying their impression on the likes of Dolphin If the MPPP's first concern here wrecking ball skills as and when Square is Dolphin Square having is recovering the integrity of the they like. However, the MPPP to rebuild every part of Metropole Metropole land, then the book to has now come out to declare: 'We but not getting to build any part throw at Dolphin Square is the feel that Dolphin Square should of its 39-storey hotel. Town and Country Planning Act be imposed the maximum fine for 1976. The MPPP's own planning demolishing a listed heritage 'MPPP chief believes in going by guidelines for heritage areas building when they know for a fact the book, ' shouted a 7 May New should not be brought into the pic­ that they are not supposed to do Sunday Times headline. The ar­ ture at this point. They allow for so. Therefore, we have decided ticle went on to quote the MPPP new construction - extensions to appeal against the sentence Chief as having said: 'I don't give and additions- and this can only ...... '(New Straits Times). In the any special attention to any de­ serve to confuse the issue as well light of this, we have changed our veloper .... . regardless of who as the public. In any case, they minds somewhat about the are designed to apply to listed they rub shoulders with. Plans will MPPP's attitude towards protect­ buildings still intact which ing our architectural inheritance. be approved because they com­ Metropole is no longer. A fine of RM50,000, as we all ply with the rules rather than be­ know, is still small change to the cause of who the developer Go by the book MPPP Chief. 0 would-be first offender. It is, how­ ever, the maximum fine the law knows.' It reminds you of the 'I am very angry over the matter' presently allows and the thought Source: PHT newsletter Number 16 crosses your mind that perhaps statement he made when June 1995

A/iran Monthly 1995: 15(7) Page 20 eating is more than apparent among the Minister's Cabinet col­ leagues. There are at least five Ministers who are best described as "tubby" and who can certainly do with less meals in a day. Frankly the Health Minister ought to advise his party president, also the Transport Minister, to imme­ diately go on a strict diet other­ wise, when he gets on the new tilt­ ing train, he may be the cause of a derailment at a particularly sharp turn.

LITTLE BOY

in getting Mara loans are con­ EMPTY THREATS nected in ways big and small to The 50th anniversary of the hor­ Umno. We are not sure whether rific nuclear bombing of Hiroshima Politicians not only love crooning the amounts being lent out have was commemorated in pacific away in karaoke lounges, they increased or Malay businessmen gatherings and marches all over also adore singing the same old are increasingly taking Mara for the world. Despite the horrors of tune, literally and metaphorically. granted. But they really have no nuclear warfare, the world, we are For instance , the latest chairman excuse not to pay back because told , is still threatened with 45,000 of Mara, Othman Abdul, just days business is booming everywhere. warheads whose powers of de­ after assuming his new office, Perhaps, they know that the struction are equivalent to 900,000 announced that Mara is consid­ chairman's threat is but an empty of the Little Boy that was dropped ering publishing the names of one, a case of "new broom on Hiroshima on August 6, 1945. those who have not repaid their sweeps clean", to be tolerated Yet today, France is obdurately Mara loans. Now, this sounds all once every few years. going ahead with its nuclear test too familiar. His predecessor, in the South Pacific while China Nazri Aziz, who has moved on to has defiantly carried out under­ more lucrative pastures, mouthed GREEDY MALAYSIANS ground testings. It looks like there the same, exact threat when he are still little French boys and little assumed the chairmanship of The Health Minister recentlytold Chinese boys who will not grow Mara. Malaysians that they are eating up to the abhorrent reality of too much and that it was making nuclear armament. But Nazri's threat remained ex­ heart disease the leading cause actly that. Thus, there is little rea­ of death in the country. He says ADA UDANG son for us not to believe that Malaysians have a habit of eat­ Dl SEBALIK BATU? Othman's words will end up the ing beyond the body's normal ca­ same way - spittle evaporating pacity and to top that, we tend to into hot air? Othman, a former go for high-cholesterol foods. Ac­ Umno has ordered the dissolution aide of Mahathir (some golden tually, we don't need the Health of 16,000 companies set up and handshakes are more golden Minister to tell us that. The habit used by Umno divisions to get than others), claims that out­ is easily evident from any visit to share allocations and business. standing loans owed to Mara a local warung or restaurant. The The rationale was that these com­ have almost doubled from perils of modern eating habits are panies are competing with genu­ RM154 million to RM300 million most apparent in the younger ine Bumi companies for contracts today, two-thirds of which is owed generation who are growing up on and shares and this was unfair. by businessmen. a diet of fast foods that are oily, Besides, as its secretary-general and with low roughage. declared, Umno is not a party for And although Othman did not say doing business. Tok Mat must be so, many of those who succeed And the Malaysian habit of over- kidding! Most Malay businessmen

A/iran Monthly 1995: 15(7) Page 21 worth their profit are members of eign labour business) and his Umno. partner happens to be the younger sibling of this deputy Anyway, the decision is a very minister who also hails from bold move on the part of Umno, Perak. (To deviate slightly, in a particularly Mahathir, since it is more accountable political sys­ bound to be unpopular among di­ tem , the deputy minister would vision leaders and members. have had to resign long ago for Such companies are some of the reasons of conflict of interest. You means by which division leaders see, the deputy minister is from have been able to secure support a ministry that has a say ove r the and votes- holding their support­ import of foreign labour.) ers by the purse-strin gs. However,there is one niggling Meanwhile, the Umno Youth thought here. Surely the 16,000 chairman has asked Youth aspir­ companies were not set up over­ ants for branch positions to stop night? The majority of them must using government agencies and have been operating for years. youth organisations such as "Why don't you ask Anwar Ibrahim .? After all they seem 1•ery close ... hugging each It's clear the party has been keep­ Kemas and Biro Tata Negara in other." ing an eye closed all these years. their campaign. Who is he kid­ ding? It is an open secret that Razaleigh's curt answer to report­ This was but the latest in a string these two organisations seem to ers' questions as to the identity of of discipline-oriented actions exist solely to prop up the ruling this previously unheard of Zakuan emanating from Umno the last party. They monitor what is hap­ was: "Why don't you ask Anwar few months. Members have been pening on the ground and they Ibrahim? After all , they seem very sacked, suspended, and asked to campaign without fail on behalf of close ... hugging each other." show cause for "working against the BN , specifically Umno, every the party" during the general elec­ general election. In fact the last tion . Some see this as an attempt time anyone kicked up a fuss SHARING REPRESSION? to flush out former Team B rem­ about the so-called "misuse" of nants since many of those who Kemas was during that disas­ Another wild ly successful trade kena (got it), were associated with trous campaign by Ghafar for the mission headed by the Prime Min­ Team B before they came to their deputy presidency of Umno. ister, this time to South Africa. senses. However, there was one rather CROCODILE TEARS disturbing fact from the visit. Even the so-called "six million Mahathir, interviewed by a Malay­ dollar man" is said to have been sian TV station , said Malaysia was singled out because he was once Malaysian reporters do ask the keen to learn from the "unique de­ on the other side. Worse, he was strangest question. Apparently, fence capabilities" that South Af­ considered a serious challenge to Tengku Razaleigh was quite rica had managed to develop. The a big gun - namely the MB of peeved when asked by reporters South Africans, he added, had Perak, against whom he was about the background of this been very "forthcoming" about planning to contest. However, Zakuan-someone-or-other who their expertise in this area and what was not reported in the had literally were keen to share what they mainstream media is perhaps fled into the arms of Anwar knew with us. worth repeating here. No one re­ Ibrahim after quitting Semangat ally believed that he had spent so 46. The cross-over, by now a much, at least, not at this stage. regular feature of the Malaysian In case you are wondering why His challenge was viewed with electoral process, was staged to South Africa, which cannot even such alarm because he was be­ coincide with the Gua Musang by­ build its own low-cost housing, has lieved to have the backing of a election and few people were re­ such impressive defence capabili­ certain deputy minister. ally convinced as to sincerity of ties, it's because a disproportion­ the turncoats. Many newspapers ate chunk of state funds was Apparently, the "six million dollar featured photographs of tears channelled into one of the world's man" made his millions running rolling down the face of this most notorious systems of repres­ an employment agency (which is Zakuan guy as he hugged Anwar sion and weaponry. It was the only among the big league in the for- Ibrahim. Anyway, Tengku way that the former apartheid re-

A/iran Monthly 1995: 15(7) Page 22 gime could control the majority Osman Aroff. The poor man , is Penang! He will be a poor follow­ black population. merely grabbing at straws as the up to the present Governor, a non­ political sands shift beneath his politician and former educationist, clay feet. It's true that a mere two who has proven to be one of the One can only speculate about the years ago, he had declared so finest and most dignified heads of "unique defence capabilities" that bravely that he would stay on as state Penang has ever seen. South Africa has to share with us. long as the people wanted him to. And one can only hope that this Then, as it became clear that the CORRUPTION : sharing does not extend to the in­ people couldn't care less whether ONE PERSON 'S BRIBE , famous methods of torture and in­ he stayed on or not, he began ANOTHER'S COMMISSION terrogation for which the secret saying that he would remain as police of the former regime was long as the party wanted him. Mahathir was outraged over are­ infamous. Some types of technol­ Lately, the beleaguered politician port in Fortune Magazine listing ogy are best left unshared and has announced that he will quit Malaysia as among the six most this one should perhaps go the only if the PM tells him to. corrupt countries in Asia. He ex­ way of apartheid although some pressed disgust, accused the re­ think that the Prime Minister was port of bias and generally, fumed merely hinting at another multi­ At least, he is finally telling the over the report. However, he did million ringgit arms deal. Was he? truth - that he owes his position not deny that there was no cor­ not to the people, but to a single ruption in Malaysia (what with the man. He seems to prefer the in­ HIGHWAY ROBBERY Rafidah Aziz case hanging over dignity of denying news of his res­ his head and Rahim Thamby Chik ignation (which has become a being tried for corruption charges). Plus Highway's argument for in ­ regular event of late) than grace­ creasing toll charges is insensi­ fully making way for his succes­ sor. It is sad how people insist on Instead he chose to attack the evil tive and anti-government to say West. He immediately pointed the the least. The Plus chairman ar­ clinging on to power, ignoring the signals and refusing to read the finger at countries like France, gued that only car owners would Italy and Britain, which he de­ be affected and that anyone who writing on the wall as though they are illiterate. scribed as "steeped in corruption". owns a car could surely afford the Surely he is aware that when the hike. It shows that the good life index finger points to others, three spent in the cushy chairman's But then , Osman Aroff is not ex­ other fingers point homewards. It's seat at Plus has dulled his mind actly a brilliant man as those who always wise to check one's own to the fact that car-owners also saw him being interviewed on a backyard first. Apparently, the include ordinary, lower­ business TV programme would cleanest Asian state, according to middleclass people. He has also realise. During the interview, he Fortune, was Singapore. Perhaps forgotten that roads are also used spoke of the Kulim technology we have much to learn from our by commercial vehicles and pub­ park, not a new project and some­ southern neighbour apart from lic transport operators who would thing that under a more dynamic landscaping and anti-littering. merely pass on the increased and technocratic leader would Meanwhile, another Corruption In­ cost to consumers (and what was have taken off much faster. The that he said about the hike being dex, this one drawn up by Trans­ most startling thing about the in­ parency International, indicated in line with the lnflasi Sitar cam­ terview was the way the MB had paign?) . How quickly people up­ that New Zealand is about the to read everything from some most corruption-free country in the stairs forget how those down­ sheets of paper - from the num­ stairs live. Just like politicians who world. Denmark, Singapore and ber of hectares that the scheme Finland come a close second. The beg for votes once every few covered to its objectives. years and behave like feudal Americans trailed after most north lords in between. European countries and Chile, al­ One would have expected him to though they did better than Franee have the basic details at his fin­ and Japan. Scraping the bottom ger tips, but he didn't. It was as of the slush barrel were Indone­ CLINGING ON though he was talking about the sia, China, Pakistan, Venezuela, BY THE NAILS project for the first or perhaps the Brazil, Philippines, India, Thailand second time. And this is the man and Italy. Malaysians should not look who is being proposed to take harshly at the Kedah MB Tan Sri over as the next Governor of Perhaps, Malaysian politicians,

A/iran Mo11thly / 995: 15(7) Page 23 bureaucrats and businessmen international, scandal since they as a rubber stamp, will be made ought to note this point raised by involve nationals from several more rubbery now that the Stand­ the report: Corruption is not mea­ countries. ing Orders are to be amended to sured only in payoffs or kickbacks reduce the number of questions but also in the way personal, fam­ an MP can ask from 20 to five ily or ethnic relationships are used The report by the NGO which except during the Budget session (don't we know!). Transparency does work with migrant workers when 10 questions will be permit­ International was formed two reveals living conditions and ted. This will greatly curtail the in­ years ago by a group of people treatment that border on the edge quiries that opposition MPs can who saw the need for a worldwide of barbarity. Inmates spoke of in­ make (the government lobby against corruption. Like­ sufficient food, one bathroom and backbenchers rarely open their wise, we have reason to believe three toilets for 400 people, baths mouth to ask anything useful) and that Fortune's report was largely once every three or four days and make brief work of Parliamentary drawn up as a guide for potential sittings. investors to Asia and done with a complete lack of medical treat­ ment for the sick. Inmates suf­ quite little malice or ulterior mo­ As expected, there was hardly a tive. fered from dehydration because whimper from the Backbenchers the guards would slash the plas­ Club, which appears to be good Moreover, it is undeniable that we tic bags in which they tried to col­ only at publishing glossy maga­ have been less than successful lect drinking water. It was a night­ zines and organising dinners and in stamping out corruption at marish tale of extreme cruelty, get-togethers. The opposition home. Just ask anyone who has even sadism. leader has described the pro­ been stopped by a policeman on posed amendment in his favourite the road or had business with the Yet, only the opposition MPs and word - draconian. We could not Immigration Department. And some foreign missions bothered agree more. But then, Malaysians have only ourselves to blame. We these are but two of the more to visit the camp to check out the notorious government depart­ get the government we vote for. report. Government MPs steered ments. Even the very agency en­ trusted with checking corruption clear of the issue. Is it because The Pahang MB has ordered a has run into controversy. Officers the issue was raised by an NGO round-the-clock vigil on Cameron of the ACA were recently alleged or is it because the issue makes Highlands in view of the rainy sea­ to have revealed the identities of the government look bad? What­ son which in the past has been two government servants who ever the reason, it is clear that associated with landslides and had lodged reports with them, this is a humanitarian issue that floods. If he is serious, then it must something clearly against their all caring Malaysians must surely be one of the more absurd direc­ code of ethics. Hence, there was feel a great sense of outrage for tives to have come from his office. little reason for our Prime Minis­ (or do we only feel outraged when There is no way that an area as vast as the Cameron Highlands ter to have reacted the way he others accuse us of being cor­ did. can be monitored and a landslide rupt?). that is ripe for disaster can hardly be stopped by man. The MB's di­ UNCARING SOCIETY Malaysians complain of unequal rective goes to show how unin­ treatment and discrimination formed he is about the environ­ The so-called caring Malaysian when we go abroad, yet we are ment. image took a nose-dive recently now guilty of exploiting foreign workers in the name of develop­ In fact, if he had been more in­ when an NGO revealed that formed, he would not have al­ ment. If this is what rapid devel­ about 40 foreign workers in a de­ lowed steep hillslopes to be tention centre in Semenyih had opment and eight per cent growth stripped to make way for devel­ died of diseases that hinted of means, then perhaps Vision 2020 opment. What was once a green, poor nutrition and suspicious needs to be re-examined. cool environment, will soon be a health conditions. The deaths, concrete jungle. Some people just which the immigration authority will not learn from other people's had managed to keep under MORE RUBBERY mistakes. They even seem unable wraps until recently, has since be­ to learn from their own blur)ders. come a national, perhaps even Parliament, which some perceive - byf\JNP

A/iran Monthly 1995: 15(7) Page 24 active. This centre lift is not de­ E ...... E signed to stop at every floor. We The Editot enquired from the operator of the centre lift and he said the other ALlRAN MON\\-\\.'t two lifts were out of order. It is P.O. BOX 1049 nearly two months and we are 10830 Penang experiencing a tough time going Malaysia up to the 16th storey. So we are back to square one.

We welcome letters from readers. These may be edited for purposes of space and clarity. The views may not be those of ALIRAN MONTHLY. Pseudonyms are We have given the mandate to the accepted but all letters should include the writer's name and address. Letters Barisan but the Barisan's prom­ should preferably be typewritten with double spacing; If handwritten they should ise has been broken. We feel it be legible. Letters should be addressed to the Editor, ALIRAN MONTHLY. was a big mistake voting in the Barisan. UN BLAMING SERBS FOR then both the UN and NATO SARAJEVO BLOODBATH should get the hell out of Bosnia, Victim NOT ENOUGH have the decency to lift the arms Penang embargo and allow th Bosnians Whilst we are pleased that the the right to defend themselves. United Nations has "concluded THE FRENCH NUCLEAR TESTS beyond all reasonable doubt" that Fan Yew Teng Bosnian Serb forces were to Coordinator. Malaysian Action Front France has been unashamedly blame for the shelling of Sarajevo Petaling Jaya that killed at least 37 people and testing several nuclear devices in injured scores of other people on the Pacific Ocean islands thereby endangering the environment and Monday, it is clearly not enough. BARISAN'S PROMISE BROKEN health of the people in the area. Correctly fixing the blame on the terrorists who committed this I would like to bring to your kind For a change, France should ex­ plode the next test borne near unpardonable massacre of un­ attention the plight of the Resi­ Paris. It is the best place because armed civilians is one thing. dents of Block A of the Kampung it would reveal very important What is needed most urgently is Melayu Flats in Penang. This 16- data: the number of people it can the responsibility of the UN and storey flat has three lifts, two on kill. NATO to punish the culprits who both sides and one in the centre. perpetrated this crime against Off and on, we have had prob­ humanity. lems in using the lifts. For sev­ VThillai eral years mainly because when Kuala Lumpur It is also the duty of the UN and one lift is in use, the other two NATO to ensure that such hor­ are not in operation. Imagine the GUAMUSANG: rific crimes do not recur. The UN number of people including the BN's MISSION FAILS and NATO are in Bosnia to help sick and the elderly who reside protect the Hives of the Bosnian in this block having to use only people. They are not there just to one lift -let alone during emer­ The statement describing Ku Li's protect their own skins. gencies. reduced majority at the recent Gua Musang by-election as a big It is thus utterly disgraceful that During the recent elections, the victory for the BN comes from after 48 hours, there has been Barisan candidate along with his disappointed people who do not absolutely no retaliatory action supporters promised to restore all know how to do simple calcula­ from the UN and NATO against three lift services. Yes, they did tions. It merely satisfies their egos the Serb terrorists. restore the services during the after they realised their mission heat of the election campaign. to finish off Tengku Razaleigh's If they are unable or unwilling to Now, after they have received political career and Parti Melayu act against the murderous Serbs, our votes only the centre lift is Seman gat 46's struggle had failed

A/iran Monthly 1995: 15(7) Page 25 completely. blessing. It has renewed our spirit inter alia seeks "to develop pub­ and determination. It has raised lic awareness about the injustices To compare the Barisan's vote the morale of our supporters who in the existing global system" with the AKIM candidate's votes were stunned at the last general would require from me an entirely in April is the action of those with election. It has also strengthened different response to issues from inflated self-importance (syok unity among the parties in the what my previous position as sendiri). The BN leaders' big talk Angkatan. In Kelantan, this suc­ President of ALIRAN demanded. that they had performed much cess has also increased our con­ better than AKIM since they re­ fidence that the decline in votes This is why since the inception of duced Ku Li's majority is ex­ in the 1995 general election is not JUST in 1992, I have been ac­ tremely funny and childish be­ something which will continue. tively involved in issues which cause AKIM is no comparison to By the will of God (insyaallah), impact directly upon global poli­ the BN - unless the BN candi­ Parti Melayu will live on and tics such as Bosnia, the 'liberal' date, the UMNO Baru informa­ continue its struggle. interpretation of human rights and tion chief, is considered to be on the interface between Islam and par with Pak Nik Weil , the To all those who helped with the West. Most of my time and former AKIM candidate. their energy, material contribu­ energy is devoted to writing and tions and prayers, we express our speaking about a whole variety of They must ask themselves why heartfelt appreciation. global political and social con­ - with unlimited funds, the cerns which very often takes me mobilisation of an assortment of Ahmad Slwbery Chik out of the country. In the last 5 ministers, the use of helicopters, Information Chief months for instance, I have been the abuse of Kesedar, Felda, Parti Melayu Semangat 46 out of the country almost every KADA, the J H EOA, the Informa­ month. tion Department, kemas and other government agencies - I am convinced that like any other they failed to swing a significant A JUST ROLE international NGO, JUST, if it is portion of the more than 13,000 to be effective, has to concentrate votes Ku Li secured in the last Wong Soak Koon (AM 15:6) fully upon its global agenda. It general election. does not seem to understand that will lose its focus and its direc­ as an international Citizens' tion if it starts to comment day­ BN leaders should admit defeat group, Just World Trust (JUST) to-day Malaysian issues simply and admit that their recent court has no national backyard. JUST because it happens to be located action was a big mistake. It has happens to be located in Malay­ in Malaysia. not only wasted the people's sia but its concerns are global. money, energy and time, but also Whether something that happens This explains why whenever I am split the BN itself. In Gua in Malaysia deserves JUST's at­ asked to comment on some local Musang itself, UMNO Baru has tention or not will depend en­ issue, I do so as a Malaysian aca­ been crushed. Many among the tirely upon its relevance to demic or political scientist and not Division's executive committee JUST's philosophy and objec­ as the Director of JUST. In any have abandoned their loyalty. tives. case, such comments are few and We believe, in the next general far between - given my role in election, without external assis­ In that sense, JUST is no differ­ JUST. tance, this UMNO Baru division ent from other international will not be able to function any­ NGOs. Would Dr Wong accuse more. The tactics of threatening London-based Amnesty Interna­ I have never criticised any NGO and bullying the people have in­ tional of neglecting its backyard activist in Malaysia for concen­ creased the people's hatred simply because more than 95 per trating solely upon Malaysian is­ against them. Moreover, the cor­ cent of its work- given its man­ sues. Neither have I questioned ruption which occurred in all ar­ date- is concerned with human the right of any activist anywhere eas has clearly been rejected by rights abuses in other parts of the in the world to focus upon a cer­ the people. world? tain concern or a particular chal­ lenge- whether it is child pros­ For us, this by-election was a JUST's philosophy which titution or the right to shelter or

A/iran Monthly 1995: 15(7) Page 26 the freedom of expression. ciously intended to give the un­ Opposition (see The Star, 24 desirable impression that April 1995). I see no reason why Dr Wong Chandra had been unbalanced should be so angry that JUST has and unfair in his TV comments. This was actually The Star's re­ chosen to devote all its energies port of the TV's interview with to the global system, as required What I was trying to drive at, Chandra that was conducted on by its obejctives. Surely, every however, was to show that the the evening of 18 April 1995. On NGO and each activist has the producers of the TV news bulle­ the one hand, one would think that right to define her role as she sees tin had their own agenda in piec­ it was bad news judgement on the fits. ing together and presenting the part of the newspaper concerned news items that evening. The to have waited that long - almost As for me, I am absolutely cer­ "good words" contained in a week - before carrying the tain that it is the global system Chandra's two sentences about news of the TVJ interview, on the - and not the nation-state - Kit Siang were therefore made other hand, one would tend to which will decide the fate of hu­ inconsequential and would have believe that it was a good tacti­ mankind in the 21 century. had little impact on the audience. cal move for the daily to have de­ layed its reporting until the eve Chandra Muzaffar My primary concern here was to of polling so as To remind the Director assess how the media, in this case readers whom they should vote in Just World Trust (JUST) TV3, constructed certain events - particularly those living in to somehow fit into their agenda. Penang - as they approached In other words, the largely posi­ towards the close of the general Aliran Monthly is reprint­ tive projection of the BN candi­ election, that incumbent Koh ing Mustafa K Anuar's re­ dates, including that of Dr Koh should be returned. sponse to Chandra Tsu Koon, and the accompany­ Muzafl'ar's letter Journal­ ing barrage of negative portrayal Like the TVJ interview, a big slice istic Ethics? - both of of Opposition politicians that of The Star's report went to which were carried in AM evening collectively overshad­ Chandra's praise of Dr Koh. The 1995:15(6) - to correct owed and negated the few good few good words about Lim Kit 1111 inadvertent ommission words that were said by Chandra Siang were conveniently confined or two paragraphs, which in that interview. Ifl may reiter­ to the third and fourth last para­ appear in italics, in this ate, the major concern of the graphs of the ]}-paragraph news Issue of the Monthly. Our analysis was the performance of report. To reiterate, this particu­ apologies to Mustafa K the mainstream media, not per­ lar news item was skilfully used Anuar - Editor. sonalities covered by the media! by The Star to serve as a reminder ....::. ·= to its readers to vote for Dr Koh, Chandra's comment that his "re­ a reminder that was, as we have marks on Lim were perhaps the shown above, amply emphasised CORRECTING AN only complimentary things said and foregrounded via the very UNJUST IMPRESSION about him over the electronic strucTuring of the news report. media during the election period First of all, I thank Dr Chandra only confirms how successful the Given the overall journalistic eth­ Muzaffar for having raised this media has been in blacking out ics displayed by the mainstream important point: It is indeed true and distorting opposition views. media during the last general elec­ that in the TV3 interview, he did tion. I found that, in writing my manage to say a few good things The mainstream print media was article, it was quite an uphill task about Lim Kit Siang - that he no better. While it is true that for me to measure up to, let alone contributed much at the parlia­ many of the newspapers, includ­ surpass, the ethical standards that mentary level, and it would be ing The Star, did provide news the media, including The Star, better for him to pay more atten­ about the Opposition, a majority had set. It becomes even more tion to national issues and remain of these news items tended to be daunting when we realise that a watchdog of the government at negative - to the extent of even under normal circumstancs, that level. My failure to mention trivialising or marginalising any the voices of certain groups, es­ this was not because I mali- "good news" reported about the pecially those perceived to be on

A/iran Monthly 1995: 15(7) Page 27 the margins of society, are not interview with TV3. Would the it would not have changed the easily heard in the mainstream inclusion of a short phrase such ugly fact that the TV station was media. as 'though he (Chandra) also ac­ biased and unbalanced in its over­ knowledged Lim's role in Parlia­ all reporting that evening. In any And, if I may add, when these ment' have altered the entire ori­ case, my analysis was primarily groups do get heard, there's al­ entation of Mustafa's analysis of focused on media coverage, not ways the nagging possibility that the performance of the main­ the personalities interviewed. the mainstream media will recon­ stream media? Of course not. On struct or distort their opinions­ the contrary, it would have en­ It is imperative to point out at this as exemplified by the recent cov­ hanced his analysis for it would juncture that the fact that the erage by Utusan Malaysia ( 17 have demonstrated that Mustafa mainstream media had been ma­ June 1995, p I) of Aliran's press is capable of presenting informa­ nipulative and biased needs to be statement on marriage expenses tion relevant to an evaluation of reiterated for it has everything to among Muslims in Malaysia. the performance of the main­ do with the way, in this case, TV3 stream media in a fair and hon­ planned and structured its news Muswfa K Anuar est manner. bulletin that evening. TV3's inter­ Perwng view with Chandra was part of the Chandra Mu ~affar TV station's strategy to fore­ MISSING THE POINT Penang ground BN candidates particu­ larly on that evening - with the It is a pity that Mustafa Anuar has THE SOMEWHAT ELUSIVE effect of marginalising Opposi­ missed the main point in my POINT tion politicians. To quibble over comment on his article in the this matter (i.e. the absence of the A/iran Monthly 15(4). This may sound like flogging a "good words" about Kit Siang in dead horse, but it is crucial to my analysis) without seeing, and That the mainstream media was point out again that the overall considering the entire context of unfair and unethical in its cover­ coverage of the local mainstream the televisual misrepresentation is age of the 1995 General Election media during the last general to miss the point. is not the issue. I agree with him election had been questionable wholeheartedly on this- which and unethical. Mustafa K Anuar is why I congratulated him in my Penang letter entitled 'Journalistic Eth­ Many a time the reporting was ics?' [AM 15(6)]. structured (by the media con­ (Aiiran Monthly would like to end cerned) in such a manner so that discussion on this issue- Editor) In fact, I myself chastised the certain inverviews somehow fit­ media for its bias on two occa­ ted nicely into the hidden agenda sions over the electronic media of these media. Chandra's inter­ during the election period. In in­ view with TV3 was a case in STABILITY terviews with both the local and point. While he did utter the foreign media, I singled out the "good words" about Kit Siang, ''Government role of the media as one of the what was of primary concern to major flaws in our electoral pro­ the TV station at that time, and is not about morality, cess. I had even conveyed my un­ subsequently made out to be a it is about stability; happiness with the media to some prominent news item, was the keeping things going, of the most important men in the fact that Chandra endorsed BN's preventing anarchy, land. Koh Tsu Koon. In contrast, those "good words'' about Kit Siang stopping society So there was really no point in were rendered - by the very falling to bits. Mustafa going on and on about structuring of the entire news bul­ Still being here how manipulative TV3 and The letin on that evening- insignifi­ tomorrow. Star were. All I wanted to know cant, incidental, marginal. Even was why he as a man concerned if I had included in the analysis about journalistic ethics was so the fact that these "good words" selective in his reporting of my were indeed uttered by Chandra, Sour(·e : Ye..,. Prime Mini...rcr • Dairy 1988

A/iran Montlrly 1995: 15(7) Page 28 plications, we feel, would de­ mand an immediate reassess­ ment of the project on the part of the authorities and private enterprises concerned.

More than that, as we have been expressed by many groups and individuals, gar­ gantuan projects such as this necessitate closer inspection of all concerned Malaysians, MARRIAGE BY LOAN up a national fund to help particularly the affected people Muslim grooms borrow money in and around the Bakun area, Aliran is concerned that mar­ for their wedding plans - is in order to ensure accountabil­ riage expenses, particularly problematic because it only ity. Furthermore, their views the wang hantaran, among treats the symptom, not the should also be heard more of­ many Muslims in Malaysia disease itself. ten. have escalated to the extent that a number of loving We would therefore argue that Any so-called benefits arising couples reportedly had been members of our society, be from this expensive project - somewhat turned off by the they politicians, religious lead­ such as "development", em­ idea of marriage itself. ers, parents, professionals, or ployment and housing facilities others, should uphold good for the locals, apart from the This is sad, really, consider­ values such as moderation, energy supply - are meagre ing the fact that marriage has compassion, etc. for them­ compared to the envisaged always been regarded as im­ selves and their children to catastrophic impact and ir­ portant and sacred in Islam. overcome this social illness. reparable damage upon the Furthermore, such a costly ob­ priceless flora and fauna and stacle could very well give rise Dr Mustafa K Anuar other natural richness in to social problems. Han. Secretary Sarawak. 16 June 1995 But what is even more dis­ If we fail to recognise the seri­ heartening is that this situation THE DAMNING ousness of this matter and is in many ways a reflection ASSESSMENT OF THE take necessary steps and pre­ of our so-called modern soci­ BAKUN PROJECT cautions, it is quite likely that ety in which the acquisition of we'll be damned by our future money and status symbols Aliran is gravely concerned generations for our present has increasingly become the that the construction work on negligence and foolhardiness. dominant value, ruthlessly the RM15 billion Bakun dam, pushing aside other more vi­ as recently revealed by the tal values such as love, hon­ first Environmental Impact As­ We therefore call upon the esty, integrity, etc. sessment report, will seriously government and other parties affect the biodiversity of all concerned to reconsider the This is why we feel that the re­ species in the affected areas. plan to go ahead with this con­ cent proposal made by the troversial Bakun project given Kelantan government - to set Such colossal ecological im- its social costs and appalling

A/iran Momhlv / 995: 15(7) Page 29 ecological implications. will be barred from buying Inspector-General of Police properties such as houses Tan Sri Rahim Noor that the Dr Mustafa K Anuar and condominiums that are police "will be handling deli­ Han Secretary priced below RM250,000. cately" the sex-for-hir scandal 26 June 1995 that apparently involved cer­ We , however, would like to tain prominent personalities. suggest that the cut-off point SOCIAL JUSTICE, LAND be raised to say, This is because such an ap­ ACQUISITION AND HOUSE RM350,000 considering the proach will cast public doubt OWNERSHIP fact that properties in Malay­ over the impartiality of the au­ sia are relatively cheaper for thorities, particularly the police, Aliran welcomes the Deputy foreigners whose mother in dealing with this scandal. Prime Minister Datuk Seri countries' currencies are Anwar Ibrahim's announce­ stronger than the ringgit. If justice is blind to colour ment of the government's in­ ' creed, social status and sex tention to amend the contro­ Equally important, though, is then the authorities concerned versial Land Acquisition Act that the government ought must shy away from practising 1960 in an attempt to provide to create certain mechanism double standards for different justice for all, including land­ to monitor and curb the spi­ categories of people. Not to do owners. ralling prices of houses and so would be sending a wrong other forms of abode par­ signal to offenders, particularly We feel that - as have been ticularly in many major ur­ prominent people. voiced by many quarters all ban areas such as Penang this while - it's justifiable that and Johor Baru. In other words, there should all land acquisition should be not be special treatment for so­ based on reasonable market In this way more Malay­ called special people when it value. sians, in particular the low­ comes to pursuing justice and income and middle-income fairness in our society. This is While we agree to the argu­ earners, could have easier of paramount importance in a ment that land acquired for access to reasonably priced democracy. public good, such as the con­ houses while at the same struction of hospitals, schools time the unhealthy practice We therefore urge the police and roads, should not be val­ of making houses a means to investigate into this scandal ued at market rate , we how­ of financial speculation and with full vigour in our attempt ever are of the opinion that profiteering by certain indi­ to stamp out illicit and immoral land acquired for such similar viduals and groups could be activities in our midst. projects, particularly if reduced or made more diffi­ privatised and undertaken by cult. Executive Committee profit-making companies, 10 July 1995 must be based at market Executive Committee value. Needless to say, these 26 June 1995 projects would have then be­ Only a life come money-making ven­ lived for others tures. "VIP TREATMENT" OF SEX CRIMES is a life worthwhile. In addition, we also endorse Anwar's recent assurance that Aliran is shocked by the re­ - Alben Einstein from now onwards foreigners cent statement made by the

A/iran Montillr / 995: 15(7) Page 30 e ranforUNITY ENVIRONMENT \tO:-. JilL\ ECOLOGICAL AND

must abide by the Natural Law SPIRITUAL or be victim of its ultimate re­ ality,' (Tadodaho Leon Shenandoah, Grand Chief of the Six Nations Iroquois Con­ I REVOLUTION federacy.) Shared wisdom

The wisdom keepers from around the world -Aborigines, Tibetans, Hopi, Iroquois, Anishnabe - all share such prophecies, and remind us of what universal natural law in­ structs. It teaches, for instance, that no one owns the land: we must take only what is truly ince the beginning of ing their traditional silence to needed from the earth, and time, of human life on warn us of the consequences give something back. Today S this planet, ancient of ignoring natural law, and to people transgress it, neglect­ peoples intimately offer their help. The Kogi tribe ing to express gratitude, and understood that unless they of Colombia, who have main­ failing to comprehend that for lived in accordance with natu­ tained absolute isolation for every action there is an effect. ral law they would not survive. hundreds of years, have come They spoke of this original set forward to warn that the Earth We violate these ancient wis­ of instructions given to them is in danger ... that unless we doms, disrespecting those who by the Creator, and knew and stop violating natural law, the inherently embody them, lived by these laws, which world that contains and sus­ rather than learning from them guide humankind's relation­ tains us is coming to an end. how we must live in order to ship to the four life-giving ele­ survive. We have chosen an ments - earth, water, air and ' We must live in harmony with approach of subduing and fire (energy) - and teach re­ the Natural World and recog­ dominating Nature, consider­ spect for the oneness and in- nize that excessive exploita­ ing the planet as a commod­ . terdependence of all life. tion can only lead to our own ity, greedily plundering the or­ destruction. We cannot trade gans of our Mother, the Earth. Indigenous peoples through­ the welfare of our future gen­ Sustainable global develop­ out the world are now break- erations for profit now. We ment is achievable only

Alira11 Momh/y 1995: 15(7) Page 31 through a fundamental shift in shapes youth. As a devoted student and mes­ the way we think about and senger of natural law, I believe, treat both the Earth and each failure to address the Issues after years of contemplation, I other. that the most promising solu­ Societal challenges are the tion to the roots of our prob­ The environmental challenges amplification of such individual lems lies through education. we face - though clear and human imbalances, converg­ This belief led to the creation widely recognized - have not ing into collective patterns. of the Earth Restoration Corps stimulated responsive action Policy-makers place the most (ERC), a training programme at the level necessary to rec­ emphasis on strategizing and designed to shift underlying tify them. Perhaps our great­ financing national security - attitudes and values into align­ est challenge is overcoming but meanwhile we have no ment with Earth ethics, and this apparent apathy and tak­ adequate system for respond­ prepare people to take imme­ ing action at a level commen­ ing to our endangered envi­ diate remedial action on behalf surate with the dangers to the ronment, which is inextricably of the environment. Its quint­ environment. The magnitude linked with societal survival. essential contribution is that it and imminence of these per­ The costs of failing adequately instils ethical and spiritual in­ ils is stunning - loss of crop­ to address maladies of heart, tegrity as a basis for coopera­ land, toxic agricultural tech­ mind and spirit are enormous. tive human relations and envi­ no:ogies, irrevocable loss of Programmes designed to help ronmentally responsible living. plant and animal species and do r.ot usually address the biodiversity, limited water, essential spiritual and ethical Nature, the best teacher, large scale water and air pol­ issues that are at the root of stimulates the capacity to lution, global climate changes, the problem. handle unforeseen circum­ deterioration of the ozone stances and unpredictable layer, dependence upon toxic Education holds the key events in alignment with intent and/or non-renewable energy/ and generosity of spirit, fuel sources, desertification, At the Earth Summit in Rio de thereby sparking moments of deforestation. Janeiro in June 1992, world transcendence and inspired leaders raised the question of creative action. The ERC is an There is also a great need for whether, without fundamental intensive training in nature, people, especially the young, change, modern society is providing the circumstances to discover greater meaning sustainable on the planet. for such sparks to occur more and dignity in their lives, and There are two basic positions often, and for more people. It find positive, healthy, produc­ among those who accept the makes use both of modern tive alternatives to unemploy­ severity of the situation. Some science and traditional wis­ ment, isolation, boredom, feel that we must do better dom, bridging the best of cur­ alienation, addiction and vio­ what we are already doing, a rent sustainable technologies lence. Even in the most pros­ belief that encourages us to with the best of indigenous perous neighbourhoods, continue addressing the technologies, many of which where people are well fed, symptoms of current environ­ have proven sustainable over clothed and housed, there is mental and social crises. Oth­ thousand of years. This pro­ still a great need for renewal ers believe that doing the vides the condition for individu­ of the human spirit. Fear, same things in a better way is als and groups to learn to care alienation, anger and resigna­ not sufficient, that we must do deeply and skilfully for the tion are prevalent, creating the something fundamentally dif­ Earth and one another, in dispirited context which ferent. alignment with natural law, as

A/iran Monthly 1995: 15(7) Page 32 a way of life. experience the interconnectedness of all Direction and vigour Mobilizing awareness can we begin to change at the source- our human heart and The stakes have never been On a larger-scale, the ERC is mind. higher, nor the choice more a catalyst for a revolution in compelling. Overwhelming evi­ consciousness and the mass The human race has gone dence indicates that mobilization of humanity to through many stages, from humanity's present direction undertake the work of restor­ hunter-gatherer to the agricul­ leads to an irrevocable loss of ing and sustaining the Earth tural revolution, the industrial the natural systems which sup­ and the human spirit. Ulti­ revolution, and the science port all life as we know it, a mately, millions of people will and technology revolution. severely diminished existence, need to be organized. With Our technological industrial and an unknown but clearly current estimates of global un­ focus developed momentum compromised future. Our only employment surpassing the 1 over years of greater and option is to pursue alternatives billion mark over the next 10 greater separation from the with vigour, choose a direction years, opportunities for in­ laws of nature - and isolation which offers concrete steps volvement in Earth restoration from the nurturing and center­ toward healthier, sustainable support both enviromental in­ ing influence of time spent in and humane life for all who call tegrity and social stability. nature. Our perception that Earth home. It is the duty of Multicultural application of science and technology are every human being to develop Earth restoration training fos­ the answer to everything is an the highest aspect of being hu­ ters the evolution of human illusion, perpetuating this im­ man. When we evolve our con­ consciousness throughout the balance. The real answer lies sciousness, and return to ways world, leading us from care­ in an ecological and spiritual of living guided by natural law, less, selfish patterns to under­ revolution. Business and in­ our needs diminish and we will­ standing how to care for the dustry must devote their bril­ ingly choose to live simply, so whole. Natural law generates liance, and some of their prof­ that others can simply live. 0 a lifestyle rich with simplicity its, towards restoring the Hanne Marstrand Strong is President of and humility, with purity, truth, Earth. Government and non- Manitou Foundation and Manitou Institute, and founder of the Earth Restoration generosity and love. But, hav­ governmental organizations Corps. For more information, please write ing forsaken the universal law must redirect efforts and funds to P 0 Box 118, Crestone, Colorado given by the Creator, we are from projects that do not work 81131. suffering greatly from a loss of to restoring and protecting our (Source: Our Planet, Vol 7 No 3, heart and spirit. Unless we planet. 1995) relearn natural law and dem­ onstrate love and reverence for the Earth, we will continue MORAL ISSUES along our presently chosen path of rapid self-destruction. Only when we understand the Civil servants should not Law of Interdependence- that discuss moral issues with politicians. all damage done to nature is It is a serious misuse of government time. damage done to humankind - will we be able to reverse the destruction of our four life-giv- Source: "Yes, Prime Minister- Diary 1988"

1 ing elements. Only when we 11

Alira11 Monthly 1995: 15(7) Page 33 JUDICIARY

Rulings Spark Controversy in Malaysia

Contradictory Court Orders in Share Dispute Lift Lid on Simmering Debate

by Raphael Pu ra

KUALA LUMPUR - A lawyer Param Cumaraswamy, cases of alleged wrongdoing. controversy has erupted in who serves as special Malaysia over the integrity of rapporteur on the indepen­ The two developments are the country's judicial system dence of judges and lawyers likely to lift the lid on a sim­ in handling commercial dis­ for the Geneva-based United mering debate in the legal com­ putes. Nations Commission on Hu­ munity over the independence man Rights, said he will inves­ of Malaysia's judiciary. In re­ In a statement released this tigate complaints questioning cent months. some Malaysians week, Malaysia's Bar Council the impartiality of Malaysian have questioned decisions in publicly questioned recent courts on behalf of the com­ several civil and commercial judgements in a legal tussle missiOn. cases, suggesting that litigants between two listed, medium­ may have manoeuvered to have sized Malaysian companies, In a statement released their cases heard before judges Ayer Malek Rubber Co Bhd Wednesday , Mr of their choice. Such concerns, and Insas Bhd. The 36-person Cumaraswamy said com­ say some lawyers and govern­ council, which represents plaints "are rife" that certain ment officials, have been infor­ more than 5,500 Malaysian Malaysian litigants "including mally conveyed to senior Ma­ lawyers, said contradictory those in the business and cor­ laysian politicians, including decisions handed down by dif­ porate sectors are manipulat­ Deputy Prime Minister Anwar ferent judges on legal actions ing the Malaysian system of Ibrahim. related to the case "raise very justice and thereby undermin­ serious concerns as to the ad­ ing the due administration of The Bar Council has previ­ ministration of justice in Ma­ independent and impartial jus­ ously taken strong positions on laysia." tice by the courts." The state­ issues affecting the judiciary, ment didn't name any indi­ most notably jousting with At the same time, Malaysian viduals or cite any specific Prime Minister Mahathir

A/iran Momhly /995: 15(7) Page 34 Mohamad in 1988, when a yer for EAC contended that Insas and Megapolitan 20% government-appointed tribu­ the MBf companies were "fo­ and 10% stakes, respectively, nal dismissed Tun Salleh rum shopping" by taking in Ayer Molek. Abas, then-lord president of similar legal actions against Malaysia's Supreme Court. EAC before different judges. Legal Gambits The council was also an unre­ On Thursday, EAC won a Ensuing legal gambits by Ayer lenting critic of former Chief High Court ruling ordering Molek and Insas culminated Justice Tun Abdul Hamid the actions to be heard before recently with a pair of contra­ Omar, who retired last year. a single judge. dictory and tartly worded ju­ The issues raised about V K Lingam & Co, the law dicial rulings. First, Justice N Malaysia's judicial system are firm representing Insas and a H Chan, a Malaysian Court of also likely to draw the atten­ joint plaintiff in the Ayer Appeal judge, sharply criti­ tion of some foreign concerns Molek case, Megapolitan cized Insas and its lawyers, V that do business here. Nominees Sdn Bhd, has also K Lingam & Co, declaring represented companies affili­ that they "have abused the pro­ Units of CS First Boston, for ated with MBf Group in one cess o·f the High Court" by example, are defendants in a of the two injunction requests "manipulating" court proce­ 500 million ringgit ($200 mil­ against EAC. The same law dures to win the injunction lion) suit filed by Malaysia's firm represents Berjaya Indus­ against Ayer Molek. "This is Berjaya Industrial Bhd over a trial in the CS First Boston a case about injustice which di puted derivatives transac­ case. has been perpetrated by a court tion. Berjaya faced a loss of of law," Justice Chan declared, about $10 million on the deal. The focus of the Bar Council's in a written judgement issued An earlier effort by another concern is the bizarre legal on July 31 on behalf of a three­ Malaysian party in the Berjaya history of a commercial dis­ judge Court of Appeal panel. transaction to have the dispute pute over control of shares heard in a British court was representing a 30% equity in­ The judge also admonished thwarted by a Malaysian High terest in Ayer Molek, a plan­ Insas and Megapolitan for fil­ Court order. tation company. The case has ing their case in a division of Ping-Ponged through various Malaysia's High Court that The issue of commercial liti­ Malaysian courts since April, typically doesn't hear commer­ gants seeking to put their cases when investment holding cial cases. While not invalidat­ before judges of their choice companies Insas and ing their case, Justice Chan surfaced last week in a sepa­ Megapolitan won a High said that move might give the rate legal di spute between a Court injunction ordering impression that "litigants can local unit of Danish-controlled Ayer Molek's official share choose the judge before whom East Asiatic Co and several registrar to register Ayer they wish to appear ... " He companies belonging to Molek shares the two compa­ suggested that the High Court Malaysia's MBf Group. Dif­ nies purchased in late 1994 for judge should have transferred ferent MBf Group companies 157 million ringgit. the proceedings to the proper have been seeking two sepa­ division "so as to dispel any rate injunctions against EAC The susequent registration of notion that he is partial to any over a land purchase. A ]aw- the shares officially gave party." l

A/iran MoiiThly /995: 15(7) Page 35 The Court of Appeal ruling Court of Appeal and the Fed­ sale of some of Rakyat blocked Insas and eral Court raise very serious Merchant's Ayer Molek Megapolitan from dealing in questions as to the administra­ shares through Phileo Per­ the Ayer Molek shares regis­ tion of justice in Malaysia ... egrine Securities Sdn Bhd, tered as a result of the High something is very seriously now known as Phileo Allied Court injunction, pending the wrong." Several Malaysian Securities. The arrangement outcome of Ayer Molek's ap­ lawyers said privately that the called for the buyers to make peal against the decision. harsh language used in the a lO% downpayment on the opposing judgement and the 157 million ringgit purchase The Court of Appeal's order direct attacks on the other price, with the balance to be was quickly stayed, however, members of the judiciary con­ paid within six months. In by Chief Justice Mohamed tained in the decision were return, the buyers took pos­ Eusoff Chin, who heads highly unusual in Malay ia. session of share certificates in Malaysia's judiciary. Justice Ayer Molek. Chin rebuked the Court of The Bar Council said it wa Appeal and ordered that criti­ investigating the Ayer ~tolek The buyers feared that Ayer cal segments of that court's case, but didn't say what ac­ Molek would block them written judgement be ex­ tion it might take next. The from registering their shares, punged from court records. council can discipline mem­ according to a March 1995 Justice Chin, in a ruling issued bers of the Malaysian bar by affidavit submitted to the on August 12, chastised the bringing complaints before the High Court by Insas's execu­ Court of Appeal judges, as­ country's Legal Profe ion tive vice chairman and chief serting that "their own conduct Disciplinary Board, which in­ e\ecutive officer, Thong Kok would tend to show that they cludes a representative of the Khee. So Insas and were themselves biased and judiciary as well as council Megapolitan, according to taking the side of ... " Ayer members. Datuk Thong's affidavit, de­ Molek against Insas and cided to bypass the procedure Megapolitan. The Ayer Molek case stem for hare regi tration set from the brokered sale of down in Malaysia's Compa­ The Bar Council, in a state­ 540,000 Ayer Molek share . nie Act. which specifies that ment issued by its president, or 30% of the company's eq­ an entity wishing to register Hendon Ahmad, said it was uity, to Insas and Megapolitan hares in a company first "deeply shocked at the ex­ last September by Rakyat must present prescribed legal traordinary events in the Ayer Merchant Bankers, which had documents to that company's Molek Rubber Co case," add­ held the shares as security share register. ing that the legal develop­ against loans that went sour. ments are "a matter of very At the time, Rakyat Merchant Instead, Insas and grave concern to the commer­ was under the administration Megapolitan - without in­ cial and corporate community of Bank Negara, Malaysia's forming Ayer Molek execu­ and to the general public." central bank, following a 1994 tives- sought an injunction loan scandal that wiped out from High Court Judge The Bar Council's statement Rakyat Merchant's capital. Azmel Mamoor ordering said "the totally different Ayer Molek's official share views and comments of the Bank Negara approved the registrar, Securities Services

A/iran Monrhl1· /995: 15(7) Page 36 (Holdings) Sdn Bhd, and Ayer Appeal in July ordered lnsas The judge said that Insas and Molek's directors to process and Megapolitan to refrain Megapolitan should have fol­ and register the shares they from exercising their rights lowed the rules of Malaysia's had purchased within two over their Ayer Molek shares Companies Act in seeking to working days. On April 10, until the appeal is heard. register their Ayer Molek Judge Azmel granted the in­ shares. Having not done so, he junction requested by Insas. The Court of Appeal's written said, "how could the plaintiffs He also ordered that Ayer judgement, issued on July 31, have resorted to the High Molek's directors and its reg­ stunned the Malaysian legal Court to compel the company istrar "will be committed to community, in part, for the to register transfer of the imprisonment for contempt" tough language used by Jus­ shares?" should they disobey the order. tice Chan. He asserted that the case involved "abuse of the Justice Chan said that since process of the High Court" High Court Justice Azmel re­ When Ayer Molek was noti­ that resulted in injustices to fused to grant a stay in execut­ fied of the order, it immedi­ Ayer Molek. Among other ing the injunction, the High ately applied to Judge Azmel things, he cited the terms of Court had deprived Ayer to set aside the injunction on the April injunction, which he Molek of an opportunity to the grounds that Insas and said pre-empted the defen­ overturn it. That, he added, Megapolitan's action was pre­ dants from exercising their constituted a misuse of court mature and breached Ayer right to overturn an ex parte procedure that compelled the Molek's articles of association. injunction "obtained behind Court of Appeal to use its "in­ Judge Azmel, instead, post­ the backs of the defendants." herent power" to prevent. He poned hearing the application (Ex parte means that only one also complained that the for two weeks, effectively per­ party to a legal action is heard plaintiffs had filed their case mitting the injunction to take by a judge before a decision in the Appellate and Special effect and the shares to be reg­ is pronounced.) Powers Division of the High istered by Insas and Court and not in the Commer­ Megapolitan. He also refused Justice Chan also wrote that cial Division, where such ac­ to stay the injunction pending, "plaintiffs through their legal tions are normally held. That the outcome of the application; advisers have abused the pro­ move, Justice Chan said, the president of the High Court cess of the High Court by in­ might give the impression that also declined to hear an Ayer stigating the injustice through Insas and Megapolitan were Molek request to stay the in­ misuse of the Court's proce­ trying to choose the judge junction. dure by manipulating it in they wished to hear their case. such a way that it become Written Judgement manifestly unfair to the defen­ Insas and Megapo!itan imme­ dants." He added that "by do­ diately appealed the Court of Ayer Molek then appealed ing what they did, these un­ Appeal ruling to Malaysia's Judge Azmel's original deci­ ethical lawyers have brought Federal Court on August 1. In sion to grant the injunction to the administration of justice a written judgement issued the Court of Appeal. With that into disrepute among right August 12, Chief Justice Chin action pending, the Court of thinking people." stayed execution of the Court

A/iran Monthly 1995: 15(7) Page 37 of Appeal order and gave Molek against Insas and Malaysia's judicial adminis­ Insas and Megapolitan per­ Megapolitan, V K Lingam & tration. "The matter cannot be mission to appeal it to the Co and Judge Azmel. left as it is and the council is Federal Court. investigating the matter fur­ The Bar Council, in its state­ ther," the statement said. Legal Team ment, said the sharp diver­ gence 10 the rulings raised Source: THE ASIAN \\'ALL STREET Justice Chin said that by not senous questions about JOURNAL- Aug 25-26. 1995 pursuing its effort to have the April injunction stayed in the High Court, Ayer Molek's legal team had already "con­ ADMINISTRATION Of JUSTICE ceded" that the order was IN MALAYSIA correct. He said the Court of Appeal had acted in a Something very seriously wrong "wholly irregular and im­ proper" manner in ordering Press Statement from Th£' Bar Council Insas and Megapolitan not to exercise their rights to their Ayer Molek shares.

The judge also noted that Insas's and Megapolitan's chief counsel, V K Lingam, The Bar Council is deeply hocked at the extraordinary events had "strongly objected to the in the Ayer Molek Rubber Company case. These events are a derogatory criticism by the matter of very grave concern to the commercial and corporate community and to the general public. The totally differing views Court of Appeal" in its writ­ and comments of the Court of Appeal and the Federal Court ten judgement and had re­ raises very serious que tion a to the administration of justice quested that the critical re­ in Malaysia. These que~tion demand an answer. Something is marks be expunged from the very seriously wrong. judgement. Agreeing with The matter cannot be left a it i. and the Council is investigat­ Datuk Lingam, Justice Chin ing the matter further. condemned the Court of Ap­ peal judges for going "on a frolic of their own to find fault with the High Court HENDON MOHAMED Judge and for criticising PRESIDENT MALAYSIAN BAR Datuk Lingam and his asso­ ciates. That action, he said, "tended to show" that the 21 August /995 Court of Appeal judges "were themselves biased" and taking sides with Ayer

A/iran Moutilll' 1995: 15(7) Page 38 After the amendment the same Ar­ MALAYSIAN SYSTEM OF JUSTICE ticle 122(2) now reads as foll ows:

Manipulated and undermined? ""(2) A judge of the Court of Appeal other than the President of the Court of Appeal may 'it as a judge of the Federal Court where the Chief Justice considers that the interest;, of justice so require. and the judge Press Srmemelll shall be nominated for the purpose (as oc­ casion requires) by the Chief Justice··. Complaints are rife that certain highly placed personalities in Malaysia (amended words emphasised). including those in the business and corporate sectors are manipulatin g the Malaysian system of justice and thereby undermining the due administra­ The Constitution (Amendment) Act tion of independent and impartial justice by the courts. 1994 came into force on 24.6.94.

Under the mandate entrusted to me by the UN Commission on Human It therefore follows th at since the Rights I am duty bound to investigate these complaints and report to the amendment onl y Court of Appeal same Commission, if possible, at its 52nd session next year. To facilitate judges can sit as judges of the Fed­ my inquiries I will seek the co-operation of all those involved in the ad­ eral Court, in additi on to its perma­ ministration of justice including the government which, under my man­ nent judges. if so nominated by the date, is requested to extend its co-operation and assistance. Chief Justi ce if the interest of jus­ tice so required. DATO' PARAM CUMARASWAMY Special Rapporteur S.38( I) of the Courts of Judicature on the Independence of Judges and Lawyers Act provides that "every proceed­ ing in the Federal Court shall be heard and disposed of by three AugusT 23. 1995 judges or such greater uneven num­ ber of Judges as the Chief Justice may in any particular case deter­ mine". (emphasis mine).

When the Federal Court heard th e appeal on August I. 1995 the same Ayer Molek: court was composed of the Chief Federal Court Judgement a Nullity Justi ce, a judge of the Court of Ap­ peal an d a Hi gh Court judge. The presence of the Hi gh Court judge in that sitting was therefore uncon­ stitutional. Consequently th e judge­ ment of the Federal Court must nec­ On perusing the Malaysian Constitution and in particular Article 122(2) it essarily be a nullity. appears clear that the composition of the Federal court which heard and decided the appeal on August I , 1995 was unconstitutional. The Federal Court should be moved to set aside its purported judgement In 1994 the Constitution was amended to create the Court of Appeal. In and the matter reheard before a con­ doing so Article 122(2) was consequentially amended. Prior to the amend­ stitutionally composed panel. ment it read: DATO' PARAM CUMARASWAMY ""(2) A judge of a Hi gh Court other than the Chief Justice may sit as a judge of the Supre me Special Rapporteur on the Independence Court where the Lord President considers that the interests of j usti ce so. require. and the of Judges and Lawyers judge shall be nominated for the purpose (m, occasion requires) by the Lord President"· . Alll,' IIH 28. 1995

A/iran Monrhlv 1995: 15(7) Poge 39 JUDICIARY

JUDICIARY IN TURMOIL

YET ANOTHER STORM BATTERS MALAYSIA'S J UDICIAL SYSTEM

ontroversy has flared once again • raising fresh questions about the inte­ grity and independence of the Malaysian judiciary.

In a commercial case involving the mundane transfer and registration Of Share OWnership, Chief .JusticeEusotT Chin judges have implied that their fellow judges had acted with bias. In addition, Justice N.H. Chan, a Court of Appeal judge declared that litigants had also moved in a way that gave the impression that they "can choose the judge before whom they wish to appear.... "

UN Special Rapporteur on the Independence of Judges and Lawyers, Dato' Param Cumaraswamy urged that the Federal Court decision on the case be declared a nullity since the panel of judges sitting in that case appeared to be unconstitutionally composed.

No one should be surprised at the current crisis of confidence in the judiciary. It is merely a logical development from the watershed events of 1988 when the then Lord President, Tun Salleh Abas, was summarily dismissed, thus undermining the independence of the judiciary - a blow the judiciary has never fully recovered from.

We carry an article and three statements in reaction to this latest episode. . See page 34