Overcome fear, vote for change

From a letter in Malaysiakini:

"We seem to fear, and it is this fear that the ruling elites capitalise on for the sake of their continued dominance in the seats of power. We must learn to use the power of the vote to ensure that change takes place and to put a stop to corruption and the complete control of the executive over the other two state bodies (the judiciary and the legislature). Healthcare, education, the cost of living, religious sensitivities and, most precious of all, equality and freedom must be in our minds when we cast our votes.

If we, the people, are known to change the government once every two or three terms, the ruling elites will come down from their ivory towers and start treating us as equals. That must slowly start this election.

More seats must be won by the opposition so that the rakyat will slowly overcome the culture of fear that has been drilled into them by a compliant media and the state apparatus. With the exposure of corrupt practices in high and powerful seats of government, we the rakyat must not waste this upcoming opportunity."

Read More

BN won 7 parliamentary and 2 state seats uncontested

After the close of nominations for the 2008 elections yesterday, BN won 7 parliamentary seats unopposed compared to 17 parliamentary seats which it won uncontested in 2004. It also won only 2 state seats on nomination day compared to the 11 seats it won unopposed in 2004.

PAS won the Kijang state seat in Kelantan when the BN candidate was disqualified for being an undischarged bankcrupt.

BN wins 9 seats - the Sun

Ploy by EC to disqualify opposition candidates?

Malaysiakini reported today that the Election Commission has made a last minute decision to impose a new regulation requiring candidates to submit a statutory declaration of stamp duty payment on Sunday. With only two days left before nomination day, this decision has raised suspicions that it is meant to create problems for the Opposition.

DAP's Lim Guan Eng said, "For 50 years, the EC did not implement this regulation. So doesn’t this make BN an illegal government all this time? How can he suddenly change his mind and say this is the law and it must be followed?"

"This is just another ploy by EC to disqualify opposition candidates, they are leaving no stone unturned to ensure victory for BN, by hook or by crook. Why are they putting an extra impediment giving us two days to get it done? EC is up to no good."

Preview of Malaysian 2008 General Elections

A review of the 2004 general elections shows that there are 60-70 parliamentary seats where the Opposition stands a very good chance of winning in the upcoming elections. If the Opposition can come to an agreement to prevent three-corner contests in these seats and with concerted efforts by the Opposition members and voters alike, we may just see the opposition gaining the 75 seats required to deny BN a 2/3 majority in parliament.

There are also four states where the Opposition can put up a good fight for a majority of the state seats: Kelantan, Terengganu, Kedah and Penang. Will we see a change in the state governments in the states currently under BN control?

The reviewed data of the 2004 elections and the seats to watch are available at http://VoteForABetterMalaysia.blogspot.com/.

BN MP must retract her fear-mongering statement

JOINT PRESS STATEMENT BY CONCERNED MALAYSIANS ON 22 JANUARY 2008: We, the undersigned civil society groups and concerned citizens of diverse ethnic, religious and cultural backgrounds, stress that all Malaysians have the right to choose their representatives and the government in a free, fair and clean election. No individual politician or political party should resort to threats or intimidation to influence the voter’s decision. We lament that Datin Paduka Chew Mei Fun, MCA MP for Petaling Jaya Utara, as reported in the China Press on January 21 (Monday), has conveyed this fear-mongering message to the public: "If there is insufficient Chinese representation in the Barisan Nasional, it is not a good thing, the Chinese community cannot afford another May 13 incident." The May 13 ethnic riot in 1969 was a dark chapter in Malaysia’s political history where political violence and manipulation overshadowed the democratic process as well as the voice of the people. Invoking the bitter memories of this tragic incident for political gain is a huge insult to those who died, the surviving victims and their families. This veiled threat to voters not to support the opposition parties is shameless and unbecoming of a responsible political leader. If Chew is aware of certain quarters planning to use violence in response to a certain electoral outcome, she who has been speaking tirelessly on public safety should lodge a police report immediately and assist in the police investigation. If she is merely speculating, we are truly disappointed that she has stooped so low in fishing for support. Politicians should not behave like gangsters. They should not use the threat of violence to solicit vote, as gangsters do to extort money. By making this statement, Chew has in fact violated Section 9 (1) of the Election Offences Act 1954: Undue influence 9. (1) Every person who, before, during or after an election, directly or indirectly, by himself or by any other person on his behalf, makes use of or threatens to make use of any force, violence, or restraint, or inflicts or threatens to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm, or loss upon or against any person in order to induce or compel such person to vote or refrain from voting, or on account of such person having voted or refrained from voting, at any election, or who by abduction, duress, or any fraudulent device or contrivance impedes or prevents the free exercise of the franchise of any elector or voter, or thereby compels, induces, or prevails upon any elector or voter either to give or refrain from giving his vote at any election, or who directly or indirectly interferes or attempts to interfere with the free exercise by any person of any electoral right shall be guilty of the offence of undue influence. While waiting for the Election Commission to investigate and lodge a police report, we call upon Chew to do the honorable thing. She should retract her statement and apologize unreservedly for her fear-mongering act. She must condemn unreservedly the use of political violence in Malaysia. Voters must be assured of their right to vote for any candidate or party of their choice in an environment that is free from fear and intimidation. We also call upon the Prime Minister Dato’ Seri Abdullah Badawi to disassociate his administration and party from Chew’s fear-mongering statement and condemn unreservedly the use of threats and intimidation on voters. We must not let Malaysia become a failed state where political violence rules, like Pakistan. We must not allow any party to ‘play with fire’. We categorically reject anyone who uses the spectre of May 13 as a bogeyman to threaten Malaysians. All individuals or civil society organisations in support of democracy may endorse this statement by displaying a copy of this statement on their premises, vehicles or the front page of their blogs or websites, until Chew retract the statement and apologizes. Currently endorsed by the following: Coalition For Clean and Fair Elections (BERSIH) Group of Concerned Citizens (GCC) SOS Penang Writers Alliance for Media Independence (WAMI) Jaringan Rakyat Tertindas (JERIT) Parti Sosialis Malaysia (PSM) Malaysia Youth and Students Democratic Movement (DEMA) Labour Resource Centre Pusat Komunikasi Masyarakat (KOMAS) Civil Rights Committee, KL-Selangor Chinese Assembly Hall (CRC-SCAH) Centre for Independent Journalism (CIJ) Unit Pemikiran Politik, Institut Kajian Dasar (UPP-IKD) Malaysian Voters Union (MALVU) Research for Social Advancement (REFSA) Citizen Think Tank Artisproactiv(APA) Suara Rakyat Malaysia (SUARAM) Youth For Change (Y4C) PJ Utara Get An MP Initiative Haris Ibrahim Wong Chin Huat

PKFZ scandal re-visited

The following is a video of the press conference held by Anwar Ibrahim where he revealed that former transport minister Dr Ling Liong Sik and his successor Chan Kong Choy had allegedly abused their powers by sending letters of support committing the government as a guarantor for any financial liabilities of the Port Klang Authority (PKA) for the Port Klang Free Zone (PKFZ) project. PKFZ scandal: Ling, Chan 'abused' powers Anwar's statement on the PKFZ scandal The Malaysian Government has yet to offer any explanation on the status of the Port Klang Free Zone project and to account for the huge cost overrun amounting to RM 3.5 billion. To cover the losses on this botched project, the Government announced it will extend a soft loan amounting to RM 4.681 billion to the Port Klang Authority “retroactively.” This affair is one of the many examples from the present administration that reveals conflict of interest, corruption and mismanagement involving politicians, business interests and public officials. Despite directives from the Prime Minister and the Cabinet, no explanation is yet forthcoming from the Chief Secretary to the Government. Not a single person has been held accountable for this fiasco. While the project’s finances are beyond salvaging, an independent and transparent audit would be necessary to hold those guilty of malfeasance to account and rebuild some credibility in the Ministry of Transport. Land Acquisition PKA purchased 1000 acres of Pulau Indah land from Kuala Dimensi Sdn Berhad at RM 25 per square foot for a total consideration of RM 1.8 billion (inclusive of interest). Kuala Dimensi made a capital gain of RM 993 million because it had purchased the land from Pulau Lumut Development Cooperative Berhad for only RM 95 million (at RM 3 per square foot). This lucrative deal involved UMNO and MCA politicians including the current UMNO Permanent Chairman, Tan Sri Dato Seri Haji Onn Ismail; UMNO Treasurer, Dato Seri Azim bin Mohamed Zabidi; MCA’s Dato Chor Chee Heung who is the Chairman of KPA and former Deputy Minister of Home Affairs; Dato Seri Tiong King Sing, Barisan Nasional MP for Bintulu and their associates. It is abundantly clear that the main losers from this land sale are the members of Pulau Lumut Development Cooperative Bhd. We can see the political promise to protect the poor and help the Malays remain unfulfilled and in its place the chosen few continue to amass untold wealth. It is strange that the then Minister of Transport saw fit to reject the Attorney-General’s view that the land could be acquired for “public purpose” under the Land Acquisition Act at RM 10 per square foot. Instead, the Ministry of Transport and the PKA preferred to transact the land purchase on a “willing buyer and willing seller” basis and a price of RM 25 per square foot.. It is now known that this basis had been agreed to in 2002 between the Ministry of Transport and KPA and Kuala Dimensi without approval of the Treasury or the Cabinet. Award of Contract I find it very strange that PKA appointed Kuala Dimensi Sdn Bhd, the company that sold the land, the sole “turnkey contractor” for the Port Klang Free Zone project via the Land Development Agreement dated 27 February 2003. Kuala Dimensi Sdn Bhd in turn appointed Wijaya Baru Sdn Bhd as the main subcontractor. These companies are either owned or controlled by Dato’ Seri Tiong King Sing and Dato’ Abdul Azim bin Mohd Zabidi is a Director of Kuala Dimensi Sdn Bhd. There is a total lack of transparency in the procedure in the award of contracts by Port Klang Authority and the Ministry of Transport. Serious Violations of Financial Procedures and Abuse of Power It is a matter of public record that the former Minister of Transport, Tun Ling Liong Sik, assured the Government that the Port Klang Free Trade Zone project was feasible, self financing and would not require government funding. Why is there then a need to extend a “soft loan” amounting to RM 4.6 billion to Port Klang Authority? Is this not further evidence of the rot within the present administration? The Minister of Transport saw fit to issue four (4) “Letters of Support” to the lead arranger for the bond issues. Tun Dr Ling Liong Sik issued one dated 28 May 2003 and the other three by the present Minister, Datuk Seri Chan Kong Choy dated 23 April 2004, 8 December 2005 and 23 May 2006. These Letters committed the Government as Guarantor for any financial liabilities incurred by the Port Klang Authority for the Port Klang Free Zone project. It has been established that these Letters tantamount to guarantees as they contained words to the effect that “we shall at all times in the future ensure that PKA is in the position to meet (and do meet in full and on a timely basis) their liabilities in respect of the Repayment Amount for so long as an amount in respect of the Repayment amount remains outstanding…..” It is standard Government policy that The Ministry of Finance is the only government agency which has the authority to issue any form of guarantee on behalf of the Government and that this must be endorsed by the Cabinet. The issuance of the “Letter of Support” is in violation of the Government’s rules and procedures. Under my watch when I was Minister of Finance, such infractions were not allowed to happen. What was worse is that the Treasury was not aware of these letters until they were alerted by the lead arranger in December 2006. Based on the above, there is a strong basis to believe that Tun Dr Ling Liong Sik and Datuk Seri Chan Kong Choy are complicit to the improprieties in issuing the “Letter of Support” which resulted in the Government having to bail out Port Klang Authority but exerting undue advantage to certain parties. These parties are also supported by the presence of UMNO stewards within their ranks. Call for Full and Independent Investigation I must state that I am shocked at the Abdullah administration’s continued disregard of mismanagement of public funded projects and basic tenets of good governance as well as the incompetence of public officials in their management of national projects. I, therefore, call for a full and independent investigative audit by a firm of professional auditors into the state of affairs of the Port Klang Free Trade Zone project. The audit should determine the extent of the Government’s liability, pinpoint existing weaknesses in the system of financial and accounting controls, and ascertain whether there is evidence of financial improprieties, misconduct, and corruption. I further suggest that the Government declassify all records pertaining to this matter and make it public together with the audit report after it has been tabled in parliament. I would like to repeat my earlier call for a Royal Commission to be established as well as getting the ACA and other relevant authorities to act and investigate without fear or favour on this matter. ANWAR IBRAHIM

Release or charge them in court

In an open letter to the government, an executive committee member of Aliran urges the government to review its current repressive actions in silencing dissent.

The letter further states that it "is also internationally embarrassing for Malaysia as an elected member of the United Nations Human Rights Council to violate basic human rights and fundamental freedoms without hesitation or consideration of the real situation."

It "calls upon the government of Malaysia to release all those unjustly detained for exercising their basic human rights and fundamental freedom of expression, political opinion and right to assembly under the Federal Constitution and international human rights law" and to release those detained under the ISA or charge them in court.

OPEN LETTER TO THE GOVERNMENT Dear Prime Minister and Cabinet Ministers of the Malaysian Government, Aliran Kesedaran Negara would like to directly express to you how appalled and alarmed we are at the recent actions of the police in the name of the government in efforts to suppress peaceful protests that are seen to be human rights violations. The protests are related to protracted problems within the country that have caused much hardship and discontent amongst the ‘rakyat’. Honourable PM, you justified these actions in a statement on 11 December 2007 when you said, “If the choice is between public safety and public freedoms, I do not hesitate to say that public safety will win. My responsibility is to the greater public, especially in the face of police intelligence about planned violent intent.” We appreciate that if the situation of alleged threatened violence were a reality, curbs on particular recognised human rights may be permitted (although doubtfully as a last resort) even under international law. Yet, in contrast, the recent protest marches held by organisations advocating human rights, good governance, fair and free elections, and just treatment of ethnic minorities in Malaysia, have to all intents and purposes been generally peaceful without any indication of violent intent or incitement of such intent. The only tangible violence we have witnessed – which has been reported by national and international media – originated and commenced from the ranks of riot police present at these events in large numbers. Tear gas and water cannons are instruments of police crowd control; the power to arrest is a police power. So far, we have only seen reports in the mainstream media of police allegations of attempted murder during one protest outside Kuala Lumpur City. We have also read of allegations of groups soliciting the assistance of overseas terrorist organizations but have so far seen no full and concrete information for public safety. Moreover, we have not seen any promise by the government to look into and alleviate the problems a large number of people appear to be concerned about. Instead, the government through the police has sent out negative signals in effecting arrests of individuals the Barisan Nasional government sees as threats to national security. Aliran expresses utter disappointment, that the government persists in turning a deaf ear to the obviously disturbing problems in the country. In response to the request to be heard by civil society, the authorities have launched heavy-handed crackdowns on particular organisations and individuals that are involved in trying reasonably to present their case in the form of memoranda to the government and other relevant authorities. We also ask the government what threat the “Peoples’ Freedom Walk” on the eve of International Human Rights Day (10 December 2007) by lawyers exercising their basic human right to free expression and assembly posed to the nation at large. Further, why was Bar Council human rights committee chief Edmund Bon arrested merely for protesting against the removal of banners on the Bar Council’s private property and charged with obstructing Municipal Council officers? Surely this is an over-reaction by Municipal Council officers and police. Being one person confronted by a team of “Perbandaran” officers, he could not physically do much to prevent them from carrying out their task, even though they were trespassing on private property. It is alarming that the BN government has acted against and denied the exercise of human rights during the commemoration of the anniversary of the Universal Declaration of Human Rights. This incident is even more historically significant having occurred on the eve of International Human Rights Day when human rights should have been celebrated and upheld. We urge the government to review its current repressive actions in attempting to silence dissent through the denial of the exercise of basic human rights and fundamental freedoms in order to restore the confidence of the public and safeguard them from violence committed by those who should be protecting the public. In contrast to so many other countries where peaceful protests on various issues have taken place without a heavy police presence and without incidences of violence, the actions of the Malaysian Police have alarmed many, both locally and internationally, especially because the recent protest was in fact peaceful. It is also internationally embarrassing for Malaysia as an elected member of the United Nations Human Rights Council to violate basic human rights and fundamental freedoms without hesitation or consideration of the real situation. In the light of this, Aliran calls upon the government of Malaysia to release all those unjustly detained for exercising their basic human rights and fundamental freedom of expression, political opinion and right to assembly under the Federal Constitution and international human rights law. We urge that all charges brought by the Attorney-General against these persons be dropped and those detained under the ISA be released or charged in court. We also call upon the government to honour its human rights obligations as a member state of the United Nations and to show itself worthy of its seat on the UN Human Rights Council. Angeline Loh Executive Committee member. 14 December 2007

All our freedoms have been criminalised

The following is a statement issued by Aliran condemning the arrests of the 5 Hindraf leaders under the ISA.

The statement also aptly described what is happening in the country:

"The BN has criminalised all our freedoms. We cannot walk as a group, we cannot put up a banner on our own building, we cannot have access to information, we cannot challenge any ministerial decisions in any court of law, we cannot have a reasonable campaign period prior to election, we cannot have equal radio and TV time for all registered political parties to reach out to citizens to explain party policies, we cannot have a licence as a matter of right to publish. Our basic fundamental rights and freedoms have all been taken away through subsidiary laws and regulations. We are reminded by what was said way back in 163 BC: Extreme law is often extreme injustice"

The full text of the statement is as follows.

Hindraf ISA arrests: BN govt has lost its moral authority Thursday, 13 December 2007 Aliran condemns the arrest today of five Hindu Rights Action Force (Hindraf) leaders under the obnoxious Internal Security Act. Those detained were Hindraf legal adviser P Uthayakumar, lawyers M Manoharan, R Kenghadharan, V Ganabatirau and organising secretary T Vasanthakumar. These ISA arrests are certainly a huge step backwards for democracy. When the Barisan Nasional detains its citizens under the draconian ISA, it concedes that it has lost its moral authority and has no justification to frame a valid charge and take them to court under the existing laws of the country. There is no other conclusion especially when the government had earlier charged Uthayakumar and his friends for sedition. Why did it not allow the due process of the law to take its course? Is it because the charges levelled against them would not stand up to the scrutiny of the judiciary? And if the police really had concrete evidence to back up their allegations that Hindraf has links to terrorist groups, they should have charged the Hindraf leaders in court accordingly. Many Malaysians are not surprised by the government’s latest move given the relentless campaign of vilification of the Hindraf leaders by several ministers with help from the compliant mainstream media. Through this single-minded effort over the last couple of weeks, the BN machinery prepared the ground for the use of the ISA by heaping all kinds of allegations against Hindraf. Using one-sided media reporting and official statements, they conveyed the impression that Hindraf was a threat to national security - without adducing sufficient evidence to justify this allegation. Some Malaysians may believe that certain words used or claims made by the Hindraf leaders bordered on exaggeration. But the Hindraf leaders, like many others before them, do not deserve the unjust ISA. Nobody should be detained without trial. Detaining them under this undemocratic law will not resolve the underlying causes of the grievances and disillusionment that have been expressed by the Hindraf leaders and which have struck a chord among Indian Malaysians. By ignoring the root causes of the disenchantment, the government may well be putting its head in the proverbial sand again. Concerned Malaysians and keen observers outside the country would be forgiven for suspecting that these arrests are aimed at suppressing legitimate dissent and opposition to the ruling party ahead of a general election. Malaysians will know that what the BN is trying to protect is its own security and interest and the survival of the MIC. It is the fear of the eroding loss of confidence that has driven the BN to take this desperate action. When ordinary Indian Malaysians responded to the call of Hindraf on 25 November in an astounding number that ran into tens of thousands, it stunned and baffled the BN and the MIC. Ordinary Indian Malaysians, not withstanding the official statistics that have been dished out, understand their real economic status and position. Their desperate cry for help was conveyed through their participation in Hindraf activities. For them to have defied police warnings and political threats of BN leaders and to have faced the tear gas and chemically laced liquid sprayed by water cannons spoke of their utter hopelessness. It is a matter of grave regret that the BN failed to recognise this reality. The BN has criminalised all our freedoms. We cannot walk as a group, we cannot put up a banner on our own building, we cannot have access to information, we cannot challenge any ministerial decisions in any court of law, we cannot have a reasonable campaign period prior to election, we cannot have equal radio and TV time for all registered political parties to reach out to citizens to explain party policies, we cannot have a licence as a matter of right to publish. Our basic fundamental rights and freedoms have all been taken away through subsidiary laws and regulations. We are reminded by what was said way back in 163 BC: Extreme law is often extreme injustice. Aliran calls upon the BN government to immediately charge all of them in a court of law if they have flouted any of the country’s laws or release them unconditionally. This would be a decent thing to do especially when Malaysia occupies an exalted seat in the global Human Rights Council. Aliran Executive Committee 13 December 2007