Portrait of an ISA detainee

The following is a portrait of one of the ISA detainees, V Ganabathirau written by Tony Pua. After reading this, I asked myself how can this government detain a true and selfless Malaysian like Ganabathirau for two years without even giving him the opportunity to defend himself in a court of law?

Thursday, December 13, 2007 V Ganabathirau - by Tony Pua Today is another sad and black day for Malaysia. You would have read that 5 Hindraf leaders have been arrested without trial under the draconian Internal Security Act (ISA), exactly two decades after the last Operasi Lalang. There appears to be plenty of such sad and black days in recent weeks. Who would have thought that the seemingly genial Prime Minister, Pak Lah, when he took over the reigns of the Government could have been such an incompetent, uninspiring, sleeping and heartless leader? But enough about Pak Lah, I've ranted enough 2 days ago here. Now, I'd just like to provide a little more insight to one of those arrested, a little known unsung hero, 34 year old lawyer, V Ganabathirau, who hit the limelight recently as one of the core leaders of Hindraf. As you may have read from the New Straits Times (NST) yesterday, Gana is a DAP member. What makes the whole ugly episode we saw today close to me, is that Gana is a member of DAP Damansara branch, of which I'm the chairperson. Gana joined me in March this year, and subsequently helped form the Taman Muda branch in Shah Alam, of which he is the advisor. Having known him for the past 8 months or so, I can't claim to know him inside out. But there are somethings which I will vouch for him with my life. Gana is not a racist. He is not a religious fanatic and neither is he in anyway at all, a terrorist as he is insinuated to be. Having known him well in recent months, he is the complete opposite of what the Pak Lah administration, through the mainstream mouthpieces will like to paint him to be. Gana is a full-blooded Malaysian, who strongly believes that all Malaysians regardless of ethnicity must have equal opportunities to succeed. While some may quibble over the fact that Hindraf could have taken a greater multi-racial outlook in its position, no right thinking Malaysian will deny them the fact that the overwhelming majority of Indians in this country are severely marginalised and lives below or near the poverty line. The way politics in Malaysia are framed at this point of time, it is unsurprising that the ethnic Indians found themselves having to stand up and be counted. They really have nothing else to lose. Some will argue that I can afford to spend some time on politics today because I've made some money after having sold my company. However, Gana, despite having just started his own fledging law firm, found himself travelling frequently (i.e., at least weekly) between Teluk Intan, his hometown and Shah Alam where he now stays, in order to provide his community services to the needy and unfortunate. He even rented and refurbished a service centre in Teluk Intan with his own money, to carry out his services. When I received cases at my own service centre in Damansara Utama, and was in need of legal services to assist the complainants, Gana offered his with absolutely no hesitation. For example, there was a group of 7 contractors who failed to receive payment from a housing developer, Gana took up their case and offered legal advise pro bono. When legal actions were required, I actually had to convince him to accept some payment from these contractors! Guess what, these contractors were all Chinese but race, as should be the case for all right-thinking Malaysians, never ever came into the picture. Gana, the youngest of 3 brothers, is a son that would have made any family proud. He belongs to the Indian Telugu community and grew up in a poor family which just about made enough to survive. Gana never manage to have the privilege of completing his education at one go. After finishing Form 5, he had to take up various odd jobs to help support himself and his family. That however, did not prevent him from investing his earnings and taking up part-time courses to pursue his ambition of becoming an officer of the court. His dream came true in his late twenties when he graduated with a law degree from the University of London external programme. He plied his trade as a legal assistant with a law firm in Teluk Intan before saving sufficiently to set up his own firm, having moved to Shah Alam late last year. But all these while, he held political ambitions, ambitions not to further enrich himself by illegal and unethical means, but ambitions to help play a part in the betterment of his marginalised community as well as Malaysians in general. Having set up his own firm, it provided him, for better or worse, the flexibility to spend time on social and political causes. And he did it with all his heart and soul. Gana was married not too long ago to a school teacher. And only just on Merdeka day this year, his first, now barely 4-month old baby daughter, was born. If Pak Lah has his way, by the time Gana is released from ISA detention, his daughter would be more than 2 years old. When Gana first pointed out his wife to me sitting in the court stands when he was being charged with sedition in Klang sessions court, you could visibly see tears in her eyes. Her fears have unfortunately come true. Gana told me that his wife was a former Tamil school debater and is very politically aware. In fact, in the earlier years, she used to tease him that he only knew how to "talk" politics but never got his hands dirty. More recently however, she will half-jokingly tell him that she regretted having ever encouraged him to join the fight for a just cause. Gana is a good man. He has sacrificed selflessly to help create a better Malaysia for all Malaysians, particularly for the underprivileged and marginalised community. He has rose quickly to prominence through sheer tenacity, hardwork, eloquence and dedication to the cause. 30,000 Indians from all parts of Malaysia walked the streets of Kuala Lumpur not because they had nothing better to do, but because they shared his cause, and they believed that "enough is enough!" For that, Pak Lah who is clearly unable to hear, accept and deal with the truth, invoked the draconian ISA in the hope of sweeping all under the carpet. Thankfully, Gana has a kind and loving family members who will help take care of the needs of the mother and child. The DAP, as announced by the party secretary-general, will be setting up a fund to assist the families of those who have been detained without trial. My eyes were moist as I wrote this post. I firmly believe that Gana will be a stronger man post-detention. You would not have heard the last of him for a long time yet. I expect him to be a future leader of this country, a rare breed of the much needed righteous, caring, intelligent and dedicated kind who will only contribute immensely to creating a better Malaysia for our future generations. His personal sacrifices must not, and will not be in vain. Share this story with others who need to see the other side of the coin.

A Black Day For Justice

The draconian Internal Security Act (ISA) has once again been wielded by the government to silence dissenting voices in the country. This time to detain without trial 5 Hindraf leaders who are considered by the government to be threats to national security and public order.

The Hindraf leaders have been accused of sedition and of alleged terrorist links. However, as pointed out by human rights lawyer Malik Imtiaz Sarwar, "accusations remain mere accusations until and unless they are made out in a court of law. Every person is presumed innocent until proven guilty in a court of law."

The full article by Malik Imtiaz Sarwar is reproduced below.

What need was there to detain the HINDRAF five under the Internal Security Act? - Malik Imtiaz Sarwar The ISA is a draconian law. It has no place in the modern and mature society that Malaysia is. It has been condemned internationally and locally. The manner in which the ISA allows for subjective detention without trial is violative of the fundamental liberties of persons detained in a manner that cannot be justified in any circumstance. The Government’s position is that the five are threats to national security and public order and that they are a menace to the public for having lied about the Government in accusing it of ethnic cleansing, for having organized illegal assemblies and for having had links with terrorist groups (‘5 Hindraf leaders a threat to national security’, NST, 14.12.2007). These accusations reveal the possibility of the five having engaged in criminal activity. Three of the five have already been charged with sedition (though I wish to stress that I do not view the offence of sedition as being constitutional). Chapter VIA of the Penal Code was recently added to allow for the prosecution of persons involved in terrorist activity. Appropriate arguments could be mounted to oppose bail to ensure that pending the trial of the five, they would be prevented from fleeing the jurisdiction and, arguably, from repeating the offensive activity. We cannot lose sight of the fact that no matter how heinous the activity complained of may appear, accusations remain mere accusations until and unless they are made out in a court of law. Every person is presumed innocent until proven guilty in a court of law. The detentions are therefore clearly preemptive, allowing for a side-stepping of a criminal justice system that is aimed at ensuring that no person is denied his constitutionally guaranteed right to liberty save where it is denied through an exercise of judicial scrutiny replete with inbuilt safeguards aimed at ensuring that an innocent person is not mistakenly imprisoned. The Government would have us believe that rather than preemptive, the detentions are preventive. The crucial question is on whose account. The Government can hardly be considered to be objective bearing in mind the cause HINDRAF espouses. We have heard much of the Government having taken grave exception to the positions HINDRAF has taken. In the very public fanfare surrounding the official reaction to HINDRAF, we have been made to understand that the Prime Minister is angry at the suggestion of ethnic cleansing. He is outraged at the lies that he feels HINDRAF has allegedly told of his Government ('Governmnent doing its best for Indians', NST, 02.12.2007; 'PM: They want to destroy the country', Malaysiakini, 13.12.2007). He is also, by virtue of being the Internal Security Minister, the authority responsible for the issuance of detention orders. Anger is not sound basis for objective decision-making. It is further not a proper legal basis for the issuance of a detention order. In the same vein, political expediency cannot be allowed to become a factor, more so where the detentions are a ‘face saving’ measure. And as much as the Government may deny this to be the case, the truth is that the Government is acting in its own cause. This is as compelling a reason as any to not invoke the subjective processes of the ISA. The Prime Minister has publicly declared that the authorities have evidence of the alleged terrorist links HINDRAF is said to have ('Close watch on Hindraf', The Star, 08.12.2007). Minister Nazri has also publicly declared the existence of such links ('Link is with Tamil Tigers and India's Rss, says Nazri', The Star, 08.12.2007). If this is the case, then there is more reason for the five or any number of other persons involved to be appropriately charged and prosecuted. The detention of the HINDRAF 5 may also have the retrogressive effect of, by reason of its ‘chilling’ effect, stifling genuine civil society efforts aimed at promoting discourse on the path this nation must take to ensure sustainable and inclusive development. This would include efforts by various interest groups aimed at addressing the underlying grievances that have caused citizens to peaceably assemble these past five weeks or so. It would be regrettable if these groups, in particular that part of the Indian community that, no matter the rhetoric and the politics of the situation, have felt represented in a way that they have not before were to take from the detentions a signal that the Government does not consider their situation and grievances as being of sufficient importance.

Memo which shook parliament

On Nov 11 2007, the Coalition for Clean and Fair Elections (Bersih) planned to submit a memorandum to Parliament to protest against a hasty amendment to the Constitution. This amendment allows for the extension of the retirement age from 65 to 66 years for all members of the Election Commission (EC) which by itself is not a major issue. However, the hasty manner it was done and the fact that the current chairperson of the EC, Tan Sri Abdul Rashid is retiring on 31 December 2007 suggests that this is a "Save Rashid Amendment". By passing this amendment, it will be possible for his term as the EC's chairperson to be extended.

The strong reaction of the authorities to this planned submission of the memo to Parliament was unprecedented. The police obtained a restraining order from the Kuala Lumpur Magistrate’s Court to prevent Bersih from gathering at Parliament. Roadblocks were set up along roads leading to Parliament.

When people gathered to join Bersih in the submission of the memorandum arrests were made. Various people including opposition leaders were arrested in the vicinity of Parliament presumably using the restraining order as the excuse. Some members of Bersih managed to enter Parliament and handed over the memo to opposition MPs. However, they were also arrested when they were leaving Parliament after holding a press conference.

Read the full text of the Bersih memorandum below.



Bersih Memo: Top opposition leaders arrested
(Courtesy of Malaysiakini)


Siege of Parliament - 'the ultimate shame'
(Courtesy of Malaysiakini)

SAY NO TO THE “SAVE RASHID” AMENDMENT OF THE CONSTITUTION BERSIH Memorandum to the Parliament of Malaysia and All Its Members 11 December 2007 The Coalition for Clean and Fair Elections (BERSIH) urges the Parliament of Malaysia, which consists of His Majesty the Yang diPertuan Agong, Dewan Rakyat and Dewan Negara to reject the proposed bill to amend Article 114 of the Federal Constitution, which will effect in Tan Sri Abdul Rashid Abdul Rahman’s extension as the Election Commission (EC) Chairperson up to one-and-a-half years. BERSIH stresses that Tan Sri Abdul Rashid, whose service is continuously marred with recurring electoral frauds and manipulations, is not fit for the job and must go immediately. All parliamentarians must therefore vote against this Constitutional Amendment Bill so obviously being rushed through to keep him the job is an insult to both the Constitution and Parliament. 1. In principle, BERSIH has no objection to the extension of the retirement age from 65 to 66 years for all members of the EC. The removal of an EC is constitutionally stipulated to be done in the same manner as a Federal Court judge, whose retirement age has been increased from 65 to 66 years, such synchronization is not objectionable. 2. The Constitutional Bill, if passed through both chambers of the Parliament and consented by HM the Yang diPertuan Agong by this December 31, will however become a back-door extension for Tan Sri Abdul Rashid whose birthday falls on the same day. In other words, Tan Sri Abdul Rashid has to retire if Article 114 of the Federal Constitution is not amended in time. On the other hand, if the amendment is passed, Tan Sri Abdul Rashid may stay on effectively till June 2009 with the conventional half-year extension after retirement. In other words, this will ensure that Tan Sri Abdul Rashid oversees the next elections. 3. The Constitutional Bill, hastily tabled for first reading in Dewan Rakyat on November 20, 2007 and scheduled for second reading on December 11, 2007, is therefore a “Save Rashid” Amendment. Such “Save Rashid” Amendment, by reducing the Federal Constitution to a tool to serve the interests of one individual especially one unfit for the job, is an insult and assault to constitutional democracy. 4. Article 114(2) stipulates “the importance of securing an Election Commission which enjoys public confidence”, which Tan Sri Abdul Rashid has clearly failed. Here is a non-exhaustive list of 10 failures and scandals in the electoral process under his service in and leadership of the EC: 4.1 The electoral rolls is contaminated with the names of the dead, non-citizens, multiple registrations and the under-aged, allowing election outcomes to be determined by phantoms rather than citizens. In 2001, Justice Datuk Muhammad Kamil Awang nullified the election result of Likas state constituency in Sabah on the grounds that the 1998 state electoral roll was illegal as phantom voters, including non-citizens, had cast their votes on polling day. 4.2 The government responded to the Likas verdict by changing the Election Act so that election outcome can no longer be challenged on the grounds of electoral roll validity. All EC wrongdoings are now protected. In a manner amounting to contempt of court, Tan Sri Abdul Rashid attacked Justice Datuk Muhammad Kamil Awang on December 4, 2007, alleging that the judge took it out on the government because he was ‘frustrated with certain things’. 4.3 Voters are transferred from one constituency to another to secure victory for the ruling coalition. In October 2007, EC secretary Datuk Kamaruzaman Mohd Noor blamed some assistant registration officers for cases that happened before 16 July, 2002. If found guilty under the Election Offences Act 1954, those officers shall be liable for imprisonment up to two years, fine up to RM 5,000 or both. However, no names have been disclosed and no police reports lodged. 4.4 Such transfer or implantation of voters continues to happen after 2002. The latest case is the increase of 8,463 voters within three months at Ipoh Barat constituency which the Parliamentary Opposition Leader Mr Lim Kit Siang won with a margin of 9,774 votes in 2004. 4.5 The extent of irregularities and fraudulent registrations, seen particularly in the Ijok by-election on 28 April 2007, is shocking: • Over 50 dead voters were still on the electoral roll and 12 of them, all of them Malays from the Jaya Setia polling district, rose up from their graves to cast their votes on polling day. • Three Chinese voters at Pekan Ijok had their votes stolen by impostors, who had turned up earlier at the polling station. • As many as 23 voters were registered without national identity cards. • As many as 32 voters aged between 100 and 132 years old were still listed on the electoral rolls. 4.6 In the 2004 general elections, the use of three different versions of the electoral roll led to a breakdown and chaos in polling in at least 17 parliamentary constituencies in Selangor and three in Kuala Lumpur. EC then ordered an illegal extension of polling for two extra hours in some of these constituencies. No EC officers have been prosecuted or penalized for the chaos. 4.7 Also in the 2004 general elections, provisional results showed that 98% of the registered voters collected parliamentary ballots in Kuala Terengganu, but 10,254 ballots were not returned. Tan Sri Abdul Rashid offered an absurd explanation that KT voters had the hobby of collecting ballot papers. The final result published on the Gazette saw the reduction of turnout rate to 84% and the missing ballots to 240, with no explanation offered for this changes. 4.8 For years, elections have seen high number of missing ballots in many constituencies. Top on the list for four elections from 1990 and 2004 was the Lumut constituency, which saw the extent of unreturned ballots soaring from 2,763 in 1982 to 8,176 in 1999. Had these missing ballots found their ways to polling stations in other constituencies, they would have overturned outcomes in many marginal seats. Blaming it on the weakness of postal voting registration, Tan Sri Abdul Rashid has failed to end this phenomenon so damaging to the credibility of the EC and electoral process. 4.9 Mal-apportionment and gerrymandering of constituencies have gone from bad to worse with the 2002 constituency re-delineation exercise. In 2004, BN won an unprecedented 91% parliamentary majority with a mere 64% popular votes. This effectively means that one vote for BN was equivalent for 3 votes for DAP, 8 votes for PAS and 26 votes for Keadilan. Tan Sri Abdul Rashid has made a mockery of the “one person, one vote” principle. 4.10 Ultimately, Tan Sri Abdul Rashid is unfit to chair the EC for he lacks the most fundamental quality: the moral courage and the commitment to act independently, guided only by the Constitution and the best interest of Malaysia’s democracy. In 2003, he conceded that EC’s ability to carry out its task independently has been hampered by the government. In November 2007, he indirectly admitted that the election date was set by the Prime Minister. On December 8, 2007, he inappropriately said that the ruling coalition is the only regime capable of running the country. 5. On the grounds that Tan Sri Abdul Rashid is unfit to chair EC and his retirement on this December 31 in the best interest of the nation, BERSIH urges all parliamentarians to vote against the Constitutional Amendment Bill.

Reactions on Black Sunday

• Lawyers, activists arrested: Innocent victims of a brutal state - P Ramakrishnan, Aliran
  
  
• Human Rights Day arrests - police takes off velvet glove to show iron fist - Lim Kit Siang, DAP
  
  
• Sunday arrests render hollow Prime Minister's claims of a democratic Malaysia - Anwar Ibrahim
  
  
• Crackdown will not deter future mass actions - Elizabeth Wong, People's Justice Party
  

Lawyers, activists arrested: Innocent victims of a brutal state - P Ramakrishnan, Aliran Aliran deplores the thoughtless and mindless reaction of the state against any democratic expression of our constitutional rights to exert our freedom. We are appalled that even a small gathering of marchers to a nearby destination in an orderly manner without obstructing the traffic or causing any chaos to the public cannot be allowed or tolerated by this oppressive regime. If this little act of a democratic principle cannot be exercised in a responsible manner, can we pretend to be a democratic country any longer? This state abuse of our fundamental rights shames the country and condemns the leaders as hypocrites. Aliran calls upon the government to immediately and unconditionally release all those brave Malaysians who have been unjustifiably detained. In the eyes of the ordinary Malaysians, they are innocent victims of a brutal state that does not respect the principles of democracy. P Ramakrishnan President 9 December 2007

Human Rights Day arrests - police takes off velvet glove to show iron fist - Lim Kit Siang, DAP The high-handed and arbitrary police arrests of eight people, including five lawyers, for the peaceful march to mark the International Human Rights Day in Kuala Lumpur this morning has marred the celebration of Human Rights Day and blotted Malaysia’s international image on human rights. The arrest of the eight, including five lawyers, N Surendran, Latheefa Koya, R Sivarasa, Eric Paulsen and Amer Hamzah, and human rights activists Anthony Andu and Norazah Othman in totally unprovoked circumstances is a great shame for the Abdullah premiership, as the some 100 people who had gathered at Sogo Department store in Kuala Lumpur to march to the Central Market in the federal capital clearly posed no threat to anyone, let alone national security, public order or peace. Why couldn’t the police leave the marchers alone, only taking action if they pose a threat to national order or security, eschewing all forms of police over-reaction which can only add to the list of adverse international publicity which had been piling for Malaysia in recent months. The police arrests of the eight on International Human Rights Day is doubly ominous for it is a clear symbol that the Abdullah premiership, which had started with the false promise of greater respect for human rights, has finally taken off its velvet glove to show the iron fist within to crush expressions of human rights in the country. It makes total nonsense of Royal Police Commission headed by former Chief Justice, Tun Dzaiddin Abdullah which had identified upholding human rights as one of the three core objectives of the Police force in the 21st century – the other two being to keep crime low and to eradicate corruption in the police service. Suhakam has also been calling for a revamp of police mentality on human rights, to transform the police stance of innate hostility to human rights to that of an agent and ally of change to promote and protect the human rights of Malaysians. Clearly, Suhakam’s various proposals to mainstream human rights in police mindset and strategy have fallen on deaf ears. Abdullah has been Prime Minister for four years and is starting his fifth year as Malaysian premier. The institutions, instruments and mentality of repression of human rights have not been dismantled in the past four years of Abdullah premiership, which means that there has been no basic difference from the Mahathir premiership as the draconian laws and powers can be dusted off any time to crack down on human rights and democratic freedoms in Malaysia. The eight arrested today in connection with the Human Rights Day march should be released forthwith and Abdullah should direct the police to undertake a full review of its mindset and modus operandi to ensure that the police are attuned to the Merdeka Constitution and Rukunegara principles which give pride of place to democracy and human rights as important national objectives. I will raise in Parliament tomorrow the high-handed and arbitrary police arrests of the eight on international Human Rights Day and demand a public apology by the police.

Sunday arrests render hollow Prime Minister's claims of a democratic Malaysia - Anwar Ibrahim The Sunday morning arrest of eight individuals leading a peaceful demonstration in observance of International Human Rights day renders hollow any claims that Prime Minister Abdullah Badawi has made as to the laudable condition of Malaysian democracy. On the contrary, the preposterous notion that this assembly of 100 marchers posed any threat to public safety offers incontrovertible evidence that the law is being used in Malaysia to subvert freedom and to suppress the people's fundamental democratic right to peaceful assembly. The individuals who have been detained today are among the most patriotic Malaysian citizens and many have dedicated their life's work to upholding the Rule of Law. In the absence of any evidence that they planned to jeopardize the public's safety, their arrest represents nothing more than scare tactics we have seen used in the past by the Malaysian government as it prepares to unleash the draconian measures of the Internal Security Act. The Malaysian people, however, have expressed their disdain for that law recognizing that it has no place in a country which claims to be democratic. By raising its spectre, the government has hastened its rapid loss of support among the electorate. I call upon the authorities to release all those detained today unconditionally and with immediate effect. I also call upon the government to end its attack on the constitutionally sanctioned right to peaceful assembly. ANWAR IBRAHIM

Crackdown will not deter future mass actions - Elizabeth Wong, People's Justice Party The arrests of Tian Chua, the Information Chief of the People's Justice Party (KeADILan), Mohamad Sabu, the Vice-President of Pan-Islamic Party (PAS) and 12 other persons associated with the BERSIH rally on 10th November 2007 will not deter future mass actions, said Elizabeth Wong from the KeADILan Information Bureau. Wong, who is also the Information Chief of the Women's Wing of KeADILan, said, "If the government believes its actions will frighten us from exercising our fundamental right to assemble peacefully, they are sorely mistaken." Tian Chua was arrested on Sunday after his presentation at a human rights forum in Johor Bahru, while Mohammad Sabu was arrested amidst his daughter's wedding in Ipoh. Both men have been brought back to Kuala Lumpur under police custody, where they are expected to be charged together with 12 other persons from PAS's Unit Amal for 'illegal assembly' on Monday, 10th December at the Duta Magistrates Court. Wong said, the TV3 report at 8 o'clock that Tian Chua was released on police bail was an outright lie. "At 8:24 pm, Tian Chua sent a text message, stating that he was about to reach Nilai in a police car, and was heading towards the Jalan Stadium Police lockup." Wong also slammed the arrests on Sunday morning of lawyers and activists during the march to commemorate World Human Rights Day and the harassment of the Bar Council. Two KeADILan lawyers, R. Sivarasa, its Vice-President and Latheefa Koya, a member of the party's Supreme Council were arrested with 7 other persons. Wong added that the Bureau had received information that another member of the Party's Supreme Council, N. Gobalakrishnan, was also arrested on Sunday and will be brought to the Shah Alam Magistrates Court on Monday, to be the 32nd person charged for attempted murder of a police officer during the HINDRAF rally. "This is the biggest clampdown on democratic voices since Prime Minister Abdullah Badawi took power four years ago. "It is not coincidental that in past weeks, there have been mass arrests and intense harassment, where the government has began their concerted operation to come down hard on all forms of dissent, from BERSIH and HINDRAF to the Bar Council and even bloggers such as Jeff Ooi. "We believe Abdullah Badawi may be desperate enough to order the arrest of Anwar Ibrahim, together with other opposition leaders, Hadi Awang and Lim Kit Siang as they too were present at the Bersih rally," she added. Wong called on the government to respect fundamental human rights, considering Malaysia is a sitting member of United Nations Human Rights Council. "If they are unable to fulfill their obligations in the protection and promotion of fundamental liberties in Malaysia, it is only right that Malaysia seat be vacated in the Council," she said. Elizabeth Wong People's Justice Party

Black Day for Human Rights in Malaysia

Today 10 December 2007 is the United Nations World Human Rights Day but in Malaysia the government has made a mockery of this important day by showing its utter disrespect for the rights of its citizens by carrying out a string of arrests.

8 people were arrested on 9 December 2007 when about 100 people attempted to walk towards the Central Market in Kuala Lumput to join the “Festival of Rights” event to be held in the Malaysian Bar building. The Central Market was the original venue for the event but organisers were forced to moved it to the Malaysian Bar building when police insisted that a permit is required to hold the event at the Central Market. The arrests were made despite the police allowing the walk to proceed initially and despite the group agreeing to disperse when told by the police to do so before reaching their destination.

Among the arrested persons are 5 lawyers. One of them, Amir Hamzah Arshad, is the deputy chairperson of the Bar Council's Human Rights Committee. The chairperson of the same committee, Edmund Bon, was also arrested in a related incident at the Malaysian Bar building where the “Festival of Rights” was to be held. He was arrested for allegedly preventing some City Hall workers from removing posters put up for the event.

In addition, the police has also arrested 12 other persons in relation to the BERSIH rally held a month ago on 10 November 2007. These arrests were carried out in various states and include Tian Chua who was arrested outside the human rights organisation Suaram’s office in Johor Baru and PAS leader Mohamad Sabu who was arrested in Ipoh on his way to attend his daughter's wedding.

Another opposition leader, N Gobalakrishnan, was also reported be charged as the 32nd person involved in the attempted murder case related to the Hindraf rally held on 25 Nov 2007. Earlier 31 persons alleged to be involved in the Hindraf rally were charged with attempted murder when a policeman was injured in the rally.

It seems clear to many Malaysians that these arrests are made to intimidate and to silence dissenting voices which has been growing louder in recent days due to the many unresolved issues related to the judiciary, corruption, unfair elections and minority rights.



Human rights day celebration more of a wake
(courtesy of Malaysiakini)

Another BN politician speaks out

In the midst of the yes-men in the Barisan Nasional, we sometimes find rare BN politicians who are willing to speak out for the people even though he or she may be accused of breaking ranks. MIC parliamentarian K Devamany was the first to speak out about the Hindraf rally but was condemned by other BN politicians when he said that the rally reflected the failure of government policies to help the Indian community.

Another BN politician, Dr Toh Kin Woon, a Penang state executive councillor, has now spoken out in a strongly worded letter to Malaysiakini. With reference to the condemnation of the marches occurring in the past few weeks by BN leaders, he said "I disagree with the views of our country’s leaders."

"Instead of condemning, one would have thought and hoped that they should have been more concerned over the grievances, frustrations and disappointments that have brought so many thousands to the streets in the first place and to seek fair and just solutions to them."

He went on to say, "I find it extremely disturbing that a backbench Barisan Nasional MP who took a divergent stand on Hindraf should be so severely rebuked and chastised by a couple of BN leaders."

"The message sent seems to be that all BN elected representatives are expected to be meek and passive followers of the views of their leaders and that no space is provided for independent views, including those articulated by the larger civil society."

His letter is reproduced in full below.

I disagree with the country's leaders
Dr Toh Kin Woon

Several major marches and pickets, all peaceful, have taken place in our country over the last few months.

There was the ‘Walk for Justice’ organised by the Bar Council. This peaceful march called for a complete review of the country’s judiciary system with a view to restoring its independence, and hence put into effect the separation of powers so important for justice. This was followed by a march to the palace organised by Bersih, a broad coalition of political parties and NGOs, calling for free and fair elections.

The most recent, this time to hand over a memorandum to the British High Commission in Kuala Lumpur, was organised by the Hindu Rights Action Force, or Hindraf, in short. Although the stated objective of this last demonstration was to demand compensation for the exploitation of Indians from the British government, it was in effect to highlight the socio-economic and cultural plight of the Indians, especially their lower strata.

To all these must be added the numerous pickets called by the trade unions for higher salaries just to meet rises in costs of living so burdensome to the workers.

All these marches and pickets, especially those organised by Bersih and Hindraf, drew tens of thousands of people. And this, despite the authorities warning the public not to take part as these assemblies were all so-called “illegal”. Participants were threatened with arrest should they take part in all these illegal assemblies.

These marches drew flak and condemnation from almost all Barisan Nasional leaders. Their criticisms centred on their illegality, potential threat to peace, the possible destablisation of the economy including frightening away foreign investors. I disagree with the views of our country’s leaders.

Instead of condemning, one would have thought and hoped that they should have been more concerned over the grievances, frustrations and disappointments that have brought so many thousands to the streets in the first place and to seek fair and just solutions to them.

Is it true that there are lots of defects in our country’s judicial system? If so, what are they? What must we do to overcome these so that we can restore its independence, and give real substance to the separation of powers in order to strengthen our country’s democratic institutions?

Likewise, what are the shortcomings in our country’s electoral system, especially pertaining to the electoral rolls, election campaigning, access to media, etc? And on Hindraf, what are the grievances, frustrations and unhappiness of the lower strata of the Indian community, and that of all the other communities, pertaining to housing, education, health, jobs, equity and religious freedom?

Until and unless these and many more issues concerning our country’s judicial and electoral systems as well as social justice for the poor are looked into seriously and satisfactory solutions found, the discontent that has brought thousands to the streets over the last several months will remain. To me, it is this discontent and unhappiness that will be a greater threat to our country’s peace and stability, rather than the marches, pickets and demonstrations.

To be fair, the government did finally agree to the setting up of a royal commission of inquiry to look into the Lingam case that triggered the outpouring of dissatisfaction over the state of our judicial system. The terms of reference of this soon to be set-up royal commission have, however, not yet been announced. Hopefully, its scope of work will include getting to the bottom of why our judicial system has declined so precipitously over the years.

A truly democratic society that allows peaceful marches, an independent and just judicial system, free and fair elections, equal respect by the state for all religious faiths and social justice for the poor are, among others, the key pillars of democracy, peace and stability. Without these, no amount of coercion, including the threat to use the obnoxious Internal Security Act (ISA), can bring us the lasting peace and security that all Malaysians desire.

Finally, I find it extremely disturbing that a backbench Barisan Nasional MP who took a divergent stand on Hindraf should be so severely rebuked and chastised by a couple of BN leaders. This clearly does not augur well at all for intra-BN democracy.

The message sent seems to be that all BN elected representatives are expected to be meek and passive followers of the views of their leaders and that no space is provided for independent views, including those articulated by the larger civil society. I wonder how such a stance by the leaders can attract people who want to seek changes from within!

What people say about Hindraf

Read what various people have to say about the Hindraf rally held on Sunday 25 November 2007 in the following commentaries.

Bersih and Hindraf gatherings: An awakening of the marginalised - Anil Netto

"I believe what we are witnessing now is the awakening of the economically marginalised and disempowered who are rebelling against the system, which has seen Big Business profiting at the expense of the people. I doubt there were many rich Hindus from the posh neighbourhoods of, for instance, Damansara and Bangsar at the Hindraf protest today… just as you didn’t see the wealthy bumiputera elite at the Bersih gathering.

While it is heartening that the marginalised are stirring, it is important that we realise that their suffering cuts across ethnic barriers. Many have simply been pushed to the periphery by our model of development, which is relentlessly driven by Big Business tied closely to the vested interests of the political elite.

More Malaysians must wake up from their slumber - and join hands with one another!"


The Hindraf Campaign: A Critique – Dr. Kumar

"We should not forget that apart from racial discrimination, the majority of Indians face economic discrimination because they are workers in a system that favours the businessmen and the capitalists. About 70% of Malaysian Indians are workers. The problem they face as workers include

- low wages. In many factories the basic pay in RM 18 per day, which works out to RM 468 per month.
- There is no job security. Outsourcing, the widespread use of contract workers, and the easy availability of migrant workers all weaken the bargaining position of Malaysian labour.
- Labour laws are being tightened and being made more pro management;
- Low cost adequate housing is difficult to find.
- Prices of goods is rising faster than wages! Petrol, toll and now flour.
- Basic services – health care, education, roads, water - which used to be heavily subsidized are now becoming increasingly expensive;

The problems listed above are also experienced by workers of all races in Malaysia – even the Malays, who are the beneficiaries of the Bumiputra policies. Only about 20% of Malay workers have jobs in government. The remainder have to work in the private sector where they too experience economic discrimination as workers in a capitalist economy. Malays workers are not exempted from the problems of low wages, job insecurity, rising costs of basic services, etc."


Why I will walk this Sunday - Nat Tan

"If we were to wait for another mass rally that will take a more mature, universalistic approach to race relations while actually having an impact in calling attention to the horrific living conditions facing Indian Malaysians today, we will wait forever."
...

I don’t believe that an Indian-centric approach alone will solve the problems of the Indians, but I do believe that they have been screwed over like few others have ever been screwed over. I don’t believe in sacrificing a more embracing conceptualisation (“Malaysian rights”) for an increasingly narrow one (“Hindu Rights”), but I do believe that some – if not all – of the grouses are perfectly well founded."


Why I walked on Nov 25 - Geetha K

"I was gratified to learn that the protest was not about the money, the queen or even the world learning about their plight. It was simply an act of breaking the shackles, which was something the average Malaysian who had never experienced life as a marginalised, ignored, economically, educationally and socially deprived Indian, could understand.

Against the backdrop of the gleaming, iconic twin towers, thousands of Indians had gathered, a sight never witnessed by our nation’s capital before. The few women present were mostly middle-aged, dressed not in the least like the swanky Klites.

It was quite painful to stand there and watch these women being hauled up and pushed into police trucks, with a look of fear etched on their faces - not unlike stray dogs rounded-up by local council officers."

Samy Vellu has failed Indian Malaysians - Dr CK

"If all poor Indians are taken care of, as MIC claims, then who are the thousands of Indians who turned up? There should not be anyone there. Do you think people will leave their jobs and come from all over the country to face the FRU and police? Don’t they have anything better to do? What about the poor Indians and the ones who could not attend but supports it 100 percent?
...

The Indians have joined the mass peaceful march because they have no other avenue, they have nowhere else to turn to because all the channels have been exhausted. It has been a long, depressing and frustrating journey for the poor Indians and we stand in one voice. It is about time the government looks into this. Please don’t turn a blind eye or a deaf ear to this. We are only seeking your help for the poor Indians. If you are really a prime minister for all the races, please look into this. Ask yourself, why?"


The Personal Dignity Of HINDRAF Supporters - Malik Imtiaz Sarwar

"How does this rally, planned for a Sunday morning, differ from the one organized by UMNO Youth during Condoleeza Rice’s visit to Kuala Lumpur on a Friday afternoon? That demonstration took place in the same vicinity, also had fiery and inflammatory speeches and was directed to a person or organisation other than the Malaysian government. That demonstration was aggrandized by the local media, with photographs of a defiant Khairy Jamaluddin, in arm sling to boot, gracing the leading pages (if not the front pages) of the mainstream print media
....

The UMNO Youth demonstration was as much about personal dignity as the HINDRAF Rally is. For, at the heart of the HINDRAF cause is a serious complaint about the marginalizing of the Hindhu community and a plea for recognition of the plight of this particular marginalized community
....

I do not necessarily agree with the manner in which HINDRAF has decided to espouse its cause. Though I recognize the point HINDRAF is making, I believe that we should be fighting for the cause of all underprivileged and marginalized Malaysians. Having said that, the apparently inconsistent stance of the Police and the Government where rallies are concerned can only lead one to a conclusion that there may be some truth to what HINDRAF is saying."

Are we not Indian enough? - Ananthi

"It was about being neglected, about not having a seat at the table to bargain, about having a national and communal leadership that we do not trust and is utterly discreditable. It is about saying no to being the forgotten Indians, and not enough of us in our comfortable houses, those of us who managed to work the system to our benefit - stood with the other Indians, who are not so different from us."


A report from Ground Zero, Jalan Ampng: Post assembly

"Our Malaysian brothers were out there, merely asking for their rights, tired of being suppressed and left out of the economic race. In a way, they were voicing out their needs to be considered an integral part of the economy. For too long their cries went unheard by the leaders. Did not see any one behave in an unruly manner, while many fellow Indians had fears that the crowd may go overboard, cause at times Indians are well known for their fiery tempers! Nevertheless, their behaviour as what I saw was exemplary."


A SUNDAY WALK WITH MY BROTHERS AND SISTERS - Bernard Khoo

I took the opportunity to engage my fellow-walkers. Palani, an electronic technician from Kedah volunteered, “We are here not for the money from the Queen. We are here my friends and I to ask for fair treatment and equal opportunities “ His friends echoed similar sentiments but the most vocal was Sundaraj from Sentul. “Our temples are torn down, our gods are bulldozed into pieces. Samy Velu did not protest for us, so we have to do it ourselves.”

Hindraf Rally - More reports

The following are more reports on the Hindraf rally held on 25 Nov 2007.

Malaysian police break up rally - BBC

Malaysian police have clashed with ethnic Indian protesters in Kuala Lumpur, the country's capital.

Tear gas and water cannon were used to disperse a crowd of over 5,000 people as they rallied outside the British High Commission.

The protesters are calling for reparations from the UK for sending Indians to Malaysia as indentured labourers a century ago.

The activists also demand measures to improve the living standards of Hindus.

At least 5,000 ethnic Indian men gathered outside Kuala Lumpur's famous Petronas Towers, carrying Malaysian flags and placards.

Some demonstrators were beaten and bundled into police vans, as tear gas and water cannon were fired into the crowd, according to the Associated Press news agency.

Unfair treatment

Organisers had pledged that the demonstration would be peaceful, but Malaysian authorities nevertheless banned it, fearing that it could inflame racial tensions.

The ostensible aim of the rally was to call on the British government to pay $4 trillion (£2 trillion) in compensation to the two million ethnic Indians in Malaysia whose ancestors were taken to the country as indentured labourers in the 19th century.

But the BBC's Robin Brant in Kuala Lumpur says the real goal of the demonstrators is to highlight what they see as the unfair treatment of minority Indians in Malaysia.

Ethnic Indians - mainly Hindus - form one of Malaysia's largest minority groups.

Activists say that many Hindus live in poverty, partly because of policies granting jobs and economic advantages to the ethnic Malay Muslim majority.

"Indians are treated like third-class citizens. The community has been suffering in silence for decades," said opposition politician M. Kulasegaran.

The government has rejected claims of unfair discrimination.

In advance of the rally, three leading members of the group behind the protest - the Hindu Rights Action Force (Hindraf) - were arrested.

The three men were later charged with making seditious comments - and could face up to three years in jail if convicted.

Indian protest rocks Malaysia ahead of polls - Reuters

By Mark Bendeich and Clarence Fernandez
KUALA LUMPUR (Reuters) - Malaysia's ethnic Indian community staged its
biggest anti-government street protest on Sunday when more than 10,000
protesters defied tear gas and water cannon to voice complaints of racial
discrimination.

The sheer size of the protest, called by a Hindu rights group, represents a
political challenge for the government as it heads toward possible early
elections in the next few months.

Ethnic Indians from around the country swarmed into Kuala Lumpur for the
rally, despite a virtual lock-down of the capital over the previous three days
and warnings from police and the government that people should not take
part.

"Malaysian Indians have never gathered in such large numbers in this
way...," said organizer P. Uthaya Kumar, of the Hindu Rights Action Force
(Hindraf).

"They are frustrated and have no job opportunities in the government or the
private sector. They are not given business licenses or places in university,"
he said, adding that Indians were also incensed by some recent demolitions
of Hindu temples.

Riot police fired at the protesters with sustained volleys of tear gas and jets
of water laced with an eye-stinging chemical, but it took more than five hours
to finally clear the streets of downtown Kuala Lumpur, by then littered with
empty gas canisters.

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