AlJazeera 101 East - Anwar Comeback 28 Aug 2008 - AlJazeera In an exclusive interview after reclaiming his seat in parliament, Anwar Ibrahim talks to 101 East about how he plans to change 50 years of political consensus in Malaysia. |
101 East - Anwar Comeback 28 Aug 2008 Part 1 Part 2 |
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August 31, 2008
AlJazeera - Anwar Comeback (Video)
August 27, 2008
Permatang Pauh liberates country
The Permatang Pauh by-election on 26 August 2008 has been billed as "the mother of all by-elections", "the dirtiest elections ever" and "a do-or-die by-election". Not only would it decide who would be the representative for the parliamentary seat of Permatang Pauh but it would also determine whether Anwar Ibrahim, the former Deputy Prime Minister, would re-enter parliament after ten years in the political wilderness. This in turn may also mean the possibility of a change of government which many Malaysians hope will herald in a period where there will be a better Malaysia for all Malaysians.
After 10 days of intense and tumultous campaigning, polling day started on a bright note with sunny skies despite the forecast of rain. Very few people have doubts that Anwar Ibrahim would win this by-election but the question on many people's mind is the margin of victory. Would it surpass the 13,398 majority which Wan Azizah won during the March 8 general elections? Or would the persistent accusations hurled at Anwar persuade some of the voters to cast their votes for BN instead, thus reducing the majority which Anwar would get? A resounding win for Anwar would be an endorsement and a strong signal for him to lead the country.
A high voter turnout has been predicted for this by-election. The public holiday declared by the Penang state government would certainly more than offset the unusual decision of the Election Commission to fix the polling day on a weekday. The Permatang Pauh voters must realise how important this by-election is for the country. With the presence of the top leaders of both the Pakatan Rakyat and the BN canvassing for their votes and the constant media focus on the constituency, any complacent voter there would certainly be woken up from their slumber. In the March elections, the voter turnout was about 80%. The total number of voters for the by-election is 58,459. If there is increase of voter turnout to 85% there should be a total of about 50,000 casting their votes.
The racial composition for the Permatang Pauh constituency is Malays - 69.4%, Chinese - 24.5%, Indians - 6% and others - 0.1%. Most observers feel that the majority, if not all of the non-Malays voters will vote for Anwar due the racial issues which were exploited by the BN recently and in particular the Malay supremacy stance taken by UMNO. It is interesting to note that out of the 3 state constituencies in Permatang Pauh, only the mixed state constituency of Seberang Jaya was won by UMNO represented by Arif Shah in the March 8 election. Perhaps, it is due to the habit of Penangites to vote for BN in the state constituency and opposition for the parliamentary seat which saved Arif in the general elections. He won by a majority of only 533! It is very unlikely that many of the non-Malays in Seberang Jaya would vote for him for the parliamentary seat.
In the other two predominantly Malay state constituencies of Permatang Pasir and Penanti, PAS and PKR won the seats in the March elections with majority of 5,433 and 2,219 respectively. BN was trying their best to win back some support in these areas by using dirty tactics of playing up the unbelievable sodomy case against Anwar and showing videos of Saiful swearing with the Koran. Instead of winning them over, these tactics have probably alienated more of the Malays voters including some UMNO supporters. Many are not convinced by the sodomy allegation against Anwar. In a survey conducted by the Merdeka center, about 60% of the Malays surveyed do not believe the sodomy claims and agree that they are politically motivated.
So, what would be the results of this mother of all by-elections Malaysia? Out of the total of about 50,000 voters predicted to come out to vote, about 30% or slightly less of the non-Malay votes should go to Anwar. Lets say about 14,000. Of the remaining Malay voters of about 36,000, more than 60% of these voters should vote for Anwar which will be about 22,000 votes. The final outcome can be Anwar - 36,000 and Arif - 14,000 but due to unexpected events such as names not appearing in the electoral rolls the predicted outcome is:
Prediction of Permatang Pauh By-election results (at 5.31 pm, 26/8/08):
Anwar Ibrahim - 35,000
Arif Shah - 15,000
Majority - 20,000
Final official results
However, when the final results were announced by the EC the actual turnout did not increase as predicted but remain almost the same as in the March 8 elections at 81%. The final official results of the Permatang Pauh by-election is as follows:
Anwar Ibrahim - 31,195 votes
Arif Shah - 15,524 votes
Hanafi - 92 votes
Majority - 15,671
Anwar has won the by-election with a higher majority of 15,671 as compared to the 13,388 majority obtained by Wan Azizah in the March 8 election. Although this is lower than what was predicted, it is still a thumping endorsement for Anwar Ibrahim.
After 10 days of intense and tumultous campaigning, polling day started on a bright note with sunny skies despite the forecast of rain. Very few people have doubts that Anwar Ibrahim would win this by-election but the question on many people's mind is the margin of victory. Would it surpass the 13,398 majority which Wan Azizah won during the March 8 general elections? Or would the persistent accusations hurled at Anwar persuade some of the voters to cast their votes for BN instead, thus reducing the majority which Anwar would get? A resounding win for Anwar would be an endorsement and a strong signal for him to lead the country.
A high voter turnout has been predicted for this by-election. The public holiday declared by the Penang state government would certainly more than offset the unusual decision of the Election Commission to fix the polling day on a weekday. The Permatang Pauh voters must realise how important this by-election is for the country. With the presence of the top leaders of both the Pakatan Rakyat and the BN canvassing for their votes and the constant media focus on the constituency, any complacent voter there would certainly be woken up from their slumber. In the March elections, the voter turnout was about 80%. The total number of voters for the by-election is 58,459. If there is increase of voter turnout to 85% there should be a total of about 50,000 casting their votes.
The racial composition for the Permatang Pauh constituency is Malays - 69.4%, Chinese - 24.5%, Indians - 6% and others - 0.1%. Most observers feel that the majority, if not all of the non-Malays voters will vote for Anwar due the racial issues which were exploited by the BN recently and in particular the Malay supremacy stance taken by UMNO. It is interesting to note that out of the 3 state constituencies in Permatang Pauh, only the mixed state constituency of Seberang Jaya was won by UMNO represented by Arif Shah in the March 8 election. Perhaps, it is due to the habit of Penangites to vote for BN in the state constituency and opposition for the parliamentary seat which saved Arif in the general elections. He won by a majority of only 533! It is very unlikely that many of the non-Malays in Seberang Jaya would vote for him for the parliamentary seat.
In the other two predominantly Malay state constituencies of Permatang Pasir and Penanti, PAS and PKR won the seats in the March elections with majority of 5,433 and 2,219 respectively. BN was trying their best to win back some support in these areas by using dirty tactics of playing up the unbelievable sodomy case against Anwar and showing videos of Saiful swearing with the Koran. Instead of winning them over, these tactics have probably alienated more of the Malays voters including some UMNO supporters. Many are not convinced by the sodomy allegation against Anwar. In a survey conducted by the Merdeka center, about 60% of the Malays surveyed do not believe the sodomy claims and agree that they are politically motivated.
So, what would be the results of this mother of all by-elections Malaysia? Out of the total of about 50,000 voters predicted to come out to vote, about 30% or slightly less of the non-Malay votes should go to Anwar. Lets say about 14,000. Of the remaining Malay voters of about 36,000, more than 60% of these voters should vote for Anwar which will be about 22,000 votes. The final outcome can be Anwar - 36,000 and Arif - 14,000 but due to unexpected events such as names not appearing in the electoral rolls the predicted outcome is:
Prediction of Permatang Pauh By-election results (at 5.31 pm, 26/8/08):
Anwar Ibrahim - 35,000
Arif Shah - 15,000
Majority - 20,000
Final official results
However, when the final results were announced by the EC the actual turnout did not increase as predicted but remain almost the same as in the March 8 elections at 81%. The final official results of the Permatang Pauh by-election is as follows:
Anwar Ibrahim - 31,195 votes
Arif Shah - 15,524 votes
Hanafi - 92 votes
Majority - 15,671
Anwar has won the by-election with a higher majority of 15,671 as compared to the 13,388 majority obtained by Wan Azizah in the March 8 election. Although this is lower than what was predicted, it is still a thumping endorsement for Anwar Ibrahim.
August 24, 2008
Illegal money destined for Permatang Pauh?
RM16m scandal in HK: Report lodged against Sabah CM Lee Way Loon and Rahmah Ghazali Aug 22, 2008 - Malaysiakini Four DAP leaders today lodged a police report against Sabah Chief Minister Musa Aman for allegedly being involved in a RM16 million smuggling scandal following the arrest of his foster brother in Hong Kong last week. "It does not matter if Musa has denied his involvement and the Permatang Pauh by-election is going on, the police and the ACA should proceed with the investigation against him,” DAP adviser Lim Kit Siang said. Kota Kinabalu MP Dr Hiew King Chiew, Sri Tanjong assemblyperson Jimmy Wong together with party stalwarts Kit Siang and Lim Lip Eng lodged the report at Dang Wangi police station at 11.30 this morning. DAP's police report was based on a Malaysia Today report which said Musa's foster brother, Michael Chia, had been arrested on his way to Kuala Lumpur carrying RM16 million cash in a bag, purportedly for use in Barisan Nasional's Permatang Pauh by-election campaign. “According to a reliable source in the Hong Kong police and Interpol, they had been keeping an eye on Micheal for the past three years. In the end, he was caught red-handed with Singaporean currency worth RM16 million placed in his suitcase,” web-portal Malaysia Today said. The report also said Michael had pleaded with the police to release him as the money belonged to Musa and he was only the 'agent' smuggling in the money. “Musa was fuming about Michael's arrest and worried he would be arrested as well. To add insult to injury, Musa's bank accounts in Hong Kong were frozen immediately,” the report added. ‘Is the money illegal?’ Kit Siang, who is also MP for Ipoh Timur, urged police to act swiftly against the chief minister and emulate the Anti-Corruption Agency's action against Perak executive councillors who were recently arrested for alleged graft. He said apart from the police, the ACA as an independent body should also take a hand in the case. Kota Kinabalu MP Hiew also raised doubts about the source of the money – where it came from and what it was actually meant for. “The police and ACA should investigate where the money came from and what it is for. Does it come from any illegal way?” questioned Hiew, adding that the latest allegation against Musa would tarnish the image of Sabahans. “We always say the Sabahans are poor, but then we have a report saying the chief minister owned RM16 million, this will definitely give a bad impression from the people in the peninsula on us,” said Hiew. Lip Eng, DAP parliamentarian for Segambut, also suggested the police held Musa’s passport so as to be fair to the recently arrested Perak excos, whose travel documents were impounded. ...source http://www.malaysiakini.com/news/88361 |
Permatang Pauh: Toh offered PKR adviser post
Toh offered PKR good governance adviser post by Regina William 21-08-2008 - The Edge BUKIT MERTAJAM: Former Gerakan Penang state executive councillor Datuk Dr Toh Kin Woon has been offered the position of an adviser on good governance and accountability for Parti Keadilan Rakyat (PKR) by its de facto leader Datuk Seri Anwar Ibrahim. Toh was offered the position during his visit to the party's operations centre at Taman Sama Gagah, Permatang Pauh. Anwar said Toh's views and experience in governance was very critical to the PKR. "I know Toh is a very difficult person to convince as he is known for his nature of being moderate and highly principled, as evident from his numerous stands on various issues which was different from Gerakan or the Barisan Nasional (BN). "I am deeply touched by his announcement in support of our struggles and principles," Anwar added. Toh who thanked Anwar for the honour said he would consider the offer after reviewing the role he had to play. At a press conference, Toh reiterated his stand that he would not join the PKR or any other political party. Toh's visit with former MCA Wanita leader Dr Tan Yee Kew, who has also quit her party, gave the Pakatan Rakyat (PR) election campaign a morale booster. "My visit here is as a citizen of Malaysia and I have already expressed my support for Anwar's agenda which emphasises honesty, sincerity, openness, ending corruption and non-racist governance. "Which is why this by-election is very important as if Anwar wins with a bigger majority, then the voice of the people will be louder in parliament against the injustices and unfairness. "The people want that and I firmly believe that Anwar is a capable leader to carry out reforms in the institutions of state, judiciary, bureaucracy, police, to enhance the level of efficiency, good governance, transparency and openness, and this is the agenda that all of us will support. "I am also in favour of PKR's new Malaysian economic agenda as the New Economic Policy (NEP), though with good intentions, has been ineffective due to abuse. Tan meanwhile expressed hope that PKR would realise the aspirations for a just Malaysia for all races and gave her full support for Anwar to be the next prime minister. Asked if his open support for the PKR was an act of betrayal to Gerakan and BN, Toh said: "I have mentioned earlier that I am no longer a Gerakan member and I don't feel that I am betraying Gerakan. If fact, what Anwar has put forward is what Gerakan has always wanted to do but now, I am continuing the same principles and ideas on a different platform and forum. "For me, it is the principles that the party stands for which are important and I believe that this is an ideal struggle as it champions unity and not focusing on racial division, and this leadership I believe is one that is honest, sincere and open," Toh added. ...source |
Retardation of a nation
Retardation of a nation Edmond R Aug 22, 2008 - Malaysiakini Letters Malaysian leaders are hypocrites. On one hand, the ministry of education continues to restrict students' participation in politics through the University and University Colleges Act 1971 and on the other, education itself is used as a political issue and pawn by leaders from both sides of the government. The recent protest by UiTM students in Permatang Pauh to oppose the opening up of its university's enrolment to non-Malays is proof of our government's bias when the situation benefits their own political mileage. To make matters worse, the prime minister vetoed the suggestion almost immediately without so much as giving it a thought. Adding to the hypocrisy, the education ministry approved an allocation of RM1 million to the few Chinese vernacular schools in Permatang Pauh a few days later in an obvious attempt to win the hearts of the Chinese community for the coming by-election. If this is not considered mixing politics and education, then I suppose the world must be flat. It's amazing how the government spends taxpayers' money to achieve their own goals as if it belongs to them entirely. The majority of schools in Malaysia are in serious need of funds and not only those in Permatang Pauh. If every school needs to wait for a by-election before getting due assistance, then this is definitely political blackmail at its worst. In the case of UiTM, this tactic is also being used to retard the progress and development of a single community. This time, the blackmail works in a different way – by restricting the enrollment to a single community, the government effectively limits students from being exposed to real competition and challenges posed by the multiethnic make up of Malaysian society. How do we expect these students to excel in their studies and be competitive in the real world if they have never been exposed to any real obstacles at all? Isn't it true that the government has wasted millions, if not billions of ringgit to produce graduates who are only fit to work as clerks and coffee-boys? The only logical reason I could think of for this illogical education policy is that it has been implemented to produce unthinking and subservient young Malaysians who will forever be indebted to the ruling government. After years of political intervention, our education system has grown into a jungle of malfunctioning institutions deprived of a unified vision. I have always wondered why there is a need for so many different types of schooling system in a country of only 27 million people. Is it part of the ruling party's aim to segregate our future generations so that they will remain polarised and therefore easier to control through communal politicking? It is no secret that the quality of our education system has regressed to such an embarrassing level as compared to our neighbours. Even our ministers and government leaders realise this decline and send their children overseas to be educated. But not many families can afford an overseas education for their children. The large majority of Malaysians have no choice but to accept the mediocre standard of teaching from the various public institutions, which I would label as 'half-way houses' for students with retarded goals. In order to rectify the situation, we should start by voting in qualified leaders who are educated in various fields and not merely half-past six goons who depend on their charisma and racial rhetoric to put them in power. Secondly, our civil service should employ people based on meritocracy to ensure their capability in delivering quality service to the public. Teachers and educators should be properly trained to provide the best education for all our students. They should be fluent in languages, professional and most of all, able to instill a sense of excellence and creativity in our children. The progress of the country depends on our future generation but just look at the abhorrent ways our educators and politicians treat our children. Not only do we produce teachers who are uninspiring and insensitive, but also a few who have no qualms about dishing out ethno-phobic remarks in class. We need leaders in the education field who are brave enough to develop policies and education syllabuses which will enable our students to take over the helm of leadership in the future. Malaysia cannot afford to have selfish sifoos or teachers who only teach half the knowledge to our children in the hope that they do not overpower the teachers themselves. We must come to our senses now and admit that there are faults at every level of our education system – national schools, vernacular schools, smart schools, universities, colleges and religious schools. It is not surprising that national type schools have been very much neglected and more parents are sending their children to vernacular schools. Even the Malay and Indian community enroll their children in Chinese medium schools as these are perceived to be more academically orientated and the students more disciplined. However, Chinese schools tend to emphasise a lot on academic achievement and rote learning, so much so that the faculties of creative and critical thinking are not well developed. The various religious schools in the country might be able to produce students who are well versed in theology but not able to cope with the material side of life. Some of these schools could also be breeding grounds for political extremists cloaking themselves in religious robes to recruit their followers. And of course we have the various government sponsored mono-ethnic institutions such as UiTM which continue to produce students who have not been exposed to the multicultural realities of our country and the world. If we are to assess the situation objectively without looking through our own veil of different political ideologies, race and religion, it is obvious that the national type school education is still the best for the creation of a united, civilised and educated nation. The first thing the policy makers should do is to stop the rot and retardation in these schools. This will require the whole hearted effort by our leaders and their willingness to abandon policies based on racial lines. We need to inject new blood into the education system and create education policies which are based on meritocracy. Teachers should be well trained in their various fields and specialties. Promotions should be based on merit and achievements and not merely on seniority and preference alone. The standard of education syllabus in our national schools should be raised to international standards in order to produce students who are competitive world wide. If we can revive our national schools, students will start to gravitate back to these schools and at the end of the day, fulfill the goal of national unity and progress. If we can provide an atmosphere of fairness in these institutions, then we can get rid of politicians who shout their lungs out upon hearing any sensitive suggestion about education policies. At the moment, the only way to resuscitate our education system is to replace warlord politicians and archaic educators with visionary leaders. Fifty years of political ping-pong have damaged and retarded a few generations of potentially smart Malaysians. Let this be the final year of our regression! Let us hope that a new beginning will dawn upon us soon. ...more http://www.malaysiakini.com/letters/88336 |
August 23, 2008
Perak exco duo to sue ACA
Perak exco duo: Retract articles and apologise or we’ll sue media and ACA BY CHRISTINA KOH and CLARA CHOOI August 23, 2008 - The Star IPOH: The two Perak state executive councillors who were detained for alleged graft have given the Anti-Corruption Agency and the media 24 hours to apologise or face a RM100mil defamation suit. Behrang assemblyman Jamaluddin Mohd Radzi and Changkat Jering assemblyman Mohd Osman Mohd Jailu demanded the apology and retraction of the news articles related to their arrests at a press conference at the State Secretariat here yesterday. Earlier, Jamaluddin was released at the state ACA office here on bail of RM20,000 at 10.30am after his remand expired. He promptly joined his fellow exco members at their weekly meeting at the State Secretariat. On Tuesday, Mohd Osman and four others were picked up by the ACA for alleged graft involving a proposed housing project in Seri Iskandar worth RM180mil. They were released on similar bails on Thursday after the High Court shortened the remand period. Jamaluddin was arrested on Wednesday when he gave a statement at the ACA office. Mohd Osman said he was shocked when he saw the reports in the media with pictures of him handcuffed. “This has caused much embarrassment for my mother, my wife, my children and all my family members in Malaysia and Singapore,” he said, adding that the statement issued by the ACA headquarters in Putrajaya was grossly distorted for it had alleged that both of them were involved in rasuah seks (sexual favours). Mohd Osman refuted the reports that he and the others were arrested at a hotel here. “It actually happened at Kluang Station (restaurant). I did not know there was a hotel there. The media reports also made it seem like Jamaluddin and I are sex maniacs,” said Mohd Osman. Jamaluddin said if the ACA and the media did not apologise and retract their reports, they would file their defamation suits by Monday. Meanwhile, the case took an interesting turn with revelations that unknown persons “planted cash” just before Mohd Osman and Jamaluddin were arrested. It is learnt that Mohd Osman had been having tea with some friends at the restaurant when an “attractive and small-sized woman” came with another man and sat with the group. A source said the woman who was carrying a black bag placed it on the table. Minutes later, ACA officials arrived to make the arrests. Perak ACA director Samsiah Abu Bakar had earlier said the bag, containing the RM100,000 in cash, had been in Mohd Osman’s possession when the arrests were made. Perak senior exco Datuk Ngeh Koo Ham said the media was wrong to name and display the faces of both Jamaluddin and Mohd Osman. He also questioned the need to handcuff them when they had cooperated with the authorities. ...source |
Penang CM: Aid not restricted to Permatang Pauh
By-election: CM may declare holiday Chan Kok Leong Aug 22, 2008 - Malaysiakini ... The Penang chief executive also announced two aid programmes for places of worship and the poor. According to Lim, places of worship will be given rebates in their water bills. There are some 1,400 places of worship in Penang. "For those using less than RM50, they will be given a RM5 rebate. For those with bills above RM50, a RM10 rebate will be given. This incentive will stay as long as Pakatan Rakyat is the state government," he added. When asked if the aid constitutes election goodies, Lim said no. "These programmes will be implemented throughout Penang regardless of race, religion or locality. What Barisan Nasional has done is to give out aid only in Permatang Pauh," said Lim. "Poverty and needs are spread out all over Penang and is not restricted to Permatang Pauh. "Barisan Nasional only knows how to give aid during by-elections. Without a by-election, they don't know how to give aid. So, I don't believe there is any problems," he added. Incentives for old and young Meanwhile, Selangor Menteri Besar Khalid Ibrahim also announced programmes for the state's old and young. For those above 60 years old, free medical aid from government hospitals will be given to all who register with the state. According to state exco Elizabeth Wong, the programme is not capped but will be funded via an insurance scheme. Hence, she added, it is crucial for Selangor citizens above 60 to register with the state government. Besides the medical benefit, families of those who registered but later passed away will be given money to help alleviate their funeral expenses. "RM500 will be given within 24 hours while another RM3,000 will be given to the families of the deceased within one month," said Wong. This programme is for all citizens above 60 who are either born in Selangor or have lived there for 10 years. The benefit is also extended to those who were born in Kuala Lumpur and Putrajaya before they became federal territories. As for the young, a trust fund – with an initial seed money of RM100 – will be set up for them. Babies born in Selangor from Jan 1, 2008 will have an account started on their behalf with a state trust fund. When the child reaches 18, they can withdraw the money. Parents can also contribute towards this fund every month. The two aid programmes are due to be launched by the Selangor state government on Aug 30. ...source http://www.malaysiakini.com/news/88362 |
Lim-Koh debate leaves questions unanswered
Pointless chin-wagging By Rom Nain 22 Aug 08 - The NutGraph DESPITE the results of the 8 March 2008 general election, the mainstream Malaysian media still generally loathes crediting non-Barisan Nasional (BN) politicians, ie those from the Pakatan Rakyat. Hence the inaugural televised live debate on 15 July 2008 between opposition icon Datuk Seri Anwar Ibrahim and Information Minister Datuk Shabery Cheek, which was won by Anwar and conveniently dubbed by the mainstream media as a “victory for the rakyat”. The consensus was that more televised debates of this nature would be good for democracy. The standard official line is that such debates allow the rakyat to let off steam without resorting to street protests. I’m sure some marketing executive also felt they would be good for television ratings. So, another debate was hastily organised by news portal Agendadaily.com, and televised live on ntv7 and TV9 on the night of 20 Aug 2008. Land scams This time, the topic centred on the numerous land scams in Penang unearthed by Chief Minister Lim Guan Eng’s new Pakatan Rakyat state government. It was a face-off between Lim and his predecessor, Tan Sri Dr Koh Tsu Koon, and the build-up in the mainstream media promised that it would be a lively “battle”, perhaps as heated as the Anwar-Shabery exchange. Loosely modelled after the US presidential debate system, it lasted one hour (mandatory commercial breaks notwithstanding) and was moderated by newspaper columnist and former editor Johan Jaafar. Both Lim and Koh were dressed casually — jackets draped over open neck shirts — and wore smiles that toothpaste manufacturers would have killed for. Lim began with three simple questions for Koh. First, how many such shady land deals were there and how much were they? Second, who were the culprits and what action was taken against them? Third, what were the weaknesses that led to these deals? And Lim mentioned five cases, the most controversial and expensive for Penangites being the Penang Global City Centre (PGCC)/Batu Kawan land deals. Koh’s opening retort was rather cheap, albeit predictable, chastising Lim for acting like an opposition leader instead of the head of government. This tired line has been used so many times since 8 March, though frankly, it still doesn’t make sense to me. Does it mean that former opposition politicians who now head state governments are supposed to move on, turn a blind eye to the misdeeds of their predecessors, and not attempt to correct wrongs and reclaim funds meant for the rakyat? If so, where does the lofty Islam Hadhari, conceptualised and promoted by the Datuk Seri Abdullah Ahmad Badawi administration, and the calls for a “first-world mentality”, come into all this? Following this, Koh went into a spiel about the BN being conscious about integrity and constantly modernising land management. And, really, not addressing Lim’s three opening questions. No, to be fair, Koh did address one case, a RM40 million deal that’s currently with the courts. And this case was virtually the only case that the duo duelled over throughout the debate — without anything really satisfactory coming out of the exchanges. Bersih, Cekap, Amanah I’ve been told often enough that Johan is a pretty good and balanced moderator. But the one question that he asked — “Isn’t this a witch hunt, and shouldn’t Lim’s government concentrate on bringing Penang forward?”— sounded painfully inadequate given the overall scheme of things. Anybody who has not been living on Mars since 8 March and who has been following the Malaysian media would know that the Penang government is strapped for cash. Federal allocations for development, quite predictably, have been drastically reduced. And, apart from ideas, “moving forward” requires money. When so much of that money (taxpayers’ money, mind you) has somehow disappeared, I would think it’s the responsibility — nay, obligation — of any responsible government to investigate where it’s gone to and whether it can be recovered. In any case, in response to Johan, Koh continued to waffle and repeat his favourite RM40 million case, and how it was being fought in court. Lim rightly retorted that it was fine to try to recover the losses in court, but there is still a need to know how it came about, and who was responsible, in order to prevent it from happening again. There were two other portions of the live debate that bear mentioning. The first was when panelist Aziz Deraman asked Koh if he’d given the land files to Lim. Koh (right) accused Lim of “tembak sebelum semak” (shooting before looking) in response to Lim’s questioning on land scams in Penang (File pix)Koh’s response was that there was no need for him to do so as the files were available in the state government’s file room, together with other files. This brought back memories of a scene in the 1998 movie A Civil Action, where such files were buried under an avalanche of other files and needed ages to locate. The second portion was Lim using slogans such as Bersih, Cekap dan Amanah (Clean, Efficient and Trustworthy) and Kepimpinan Melalui Tauladan (Leadership by Example) — slogans that were “invented” by the Dr Mahathir Mohamad regime. I suspect that Lim was being naughty and baiting Koh. And Koh swallowed the bait, indignantly exclaiming that these slogans were the BN’s. Lim’s retort was that under the BN they were just that: slogans. His task now was to put them to practice. What was worrying in the end was Koh’s assertion that the land scam cases were few and far between, with, according to him, another 99%-plus success stories. Lim rightly responded that when these “minority” cases involve millions of ringgit, they do really matter and bear investigation. More than that, surely it’s a matter of principle and ethics as well. Truly disappointing In the end, the live telecast turned out to be a tame affair, hardly a debate. There was too much repetition of the RM40 million scam without much being revealed. Everyone, from the moderator to the debaters, was just interested in putting in their five sen worth, without the whys and wherefores of the shady land deals being elaborated upon. Indeed, it was truly disappointing that what has been termed in the blogosphere as the “mother and father of all questionable land deals”, the PGCC/Batu Kawan deal involving the Penang Turf Club, Batu Kawan and Abad Naluri Sdn Bhd, was not even discussed. If the Anwar-Shabery debate was a “victory for the rakyat”, the pathetic Lim-Koh exchange was essentially a victory for waffling, sidestepping and sloganeering. ...source |
August 19, 2008
DNA rush
Malaysia Debates DNA Bill With Eye On Anwar Case Monday, 18 August 2008 - Malaysia Today (By SEAN YOONG/ AP) Malaysia's government on Monday (18 Aug) proposed a law that would make it mandatory for criminal suspects to provide DNA samples _ a move that critics claim is meant to bolster a sodomy charge against opposition leader Anwar Ibrahim. Home Minister Syed Hamid Albar introduced the DNA Identification Bill in Parliament, but denied the government was targeting Anwar, who has refused to give police a DNA swab in an investigation into an accusation that he sodomized a male aide. "There is no political motive," Syed Hamid told reporters. "I think it is ridiculous that (the opposition) looks at everything as having a political motive." Anwar, who is contesting an 26 Aug by-election for a Parliament seat and wants to topple the government by mid-September, was charged with sodomy earlier this month _ the second time in a decade he has faced the accusation _ and faces up to 20 years in prison if convicted. Anwar says authorities might tamper with his DNA sample to implicate him in the case. Police have dismissed his concern and pledged a fair investigation. Parliament must debate the DNA bill before it can be passed, a virtual certainty because government lawmakers comprise a majority. It must also be approved by the Senate and the king. Syed Hamid said officials began drafting the bill in 2001, but did not say when the government expects the law to take effect. Under the proposed law, suspects can be jailed for a year if they refuse to provide DNA. Opposition lawmaker Tony Pua noted the bill was the first to be proposed in Parliament when it reconvened Monday after a monthlong break, raising questions about why it was "so important that it has to be rushed into Parliament at this time." "Are laws being changed just to ensure a successful upcoming prosecution of some prominent personality? Are goal posts being shifted against the natural course of justice?" Pua said. The sodomy accusation by Anwar's 23-year-old former aide, Saiful Bukhari Azlan, was a bombshell for Anwar's three-party opposition alliance, which won an unprecedented 82 seats in the 222-member Parliament in March elections. Anwar, 61, has rejected the accusation as a ploy to prevent him from carrying out his threat to engineer defections by government lawmakers to oust Prime Minister Abdullah Ahmad Badawi's administration by next month. Abdullah has denied any conspiracy. Abdullah said Saiful's accusations should not be taken lightly. "We must remember that he could be a victim," Abdullah was quoted as saying Sunday by the New Straits Times newspaper. "We tend to overlook small people like him who seek justice." Anwar, a former deputy prime minister, claims police also fabricated evidence against him in 1998 when he was charged with sodomizing his family driver. Malaysia's highest court overturned the sodomy conviction in 2004. ...source http://malaysia-today.net/2008/content/view/11534/84/ |
The Last Straw
Is Anwar Ibrahim a reformist? Khoo Kay Peng Aug 15, 2008 - Malaysiakini Anwar Ibrahim is not just a politician. He is a politician who has made the biggest impact in the history of Malaysian politics. What others had tried but failed, to make a dent on BN's armour, Anwar has succeeded in making the coalition looking afraid and fragile. Today, almost all of the main component parties in BN are facing a grim outlook of being rendered irrelevant especially those which claimed to represent the minorities. It is not inaccurate to say that none of these parties are reviewing their position in the coalition at present moment. The question is will the Anwar's prosecution be the last straw that breaks the camel's back. There are a few critical concerns which faced these parties. First, Abdullah's eroding popularity is a key concern despite his reiteration to commit to his reform agenda. At the moment, his fellow partners in BN are not sure if the power transition was brokered as an effort to allow Abdullah to ease the pressure on him to step down. His deputy Najib Razak, himself besieged by another controversy, was ready to accept the plan because he needed the time to ride through his own storm. Unfortunately, the overt eagerness of the authorities to press charges against Anwar has implicated both leaders. Abdullah is seen as playing the same lead role like Dr Mahathir in the first sodomy case against Anwar. Najib had openly admitted to meeting Mohd Saiful at his residence before the latter lodged a police report against Anwar. Both leaders have challenged Anwar to take a voluntary DNA test and to make an Islamic swearing to clear his name, knowing how easy religion can be politicised in Malaysia. Apparently, some pundits claimed that Anwar's reluctance to do the swearing has affected his credibility but survey results showed that only 11 percent of the respondents believed he committed the crime. PAS, his Islamic partner in the newly minted People's Alliance coalition, is backing him, although some of its leaders who were worried about the allegations got involved in a Malay-Muslim unity dialogue with Umno to hedge their bets. ...more http://www.malaysiakini.com/opinions/87843 |
Progress instead of fascism
MARA is progress not fascism Azly Rahman Aug 18, 2008 - Malaysiakini Mara means "to advance (forward)". It is the opposite of "retreat" and the declaration of defeat. It does not mean Undur. Universiti Teknologi MARA (UiTM) must live up to its name. So must its younger brother Maktab Rendah Sains MARA. It is in the interest of the public to suggest good ideas for reform - and to advance. In my lifetime I have been affiliated with both organisations. I taught in the former institution and I was schooled in the latter. Whether a product of historical accident or not, I am proud of my experiences in both. There is a reason for things to happen. I came from a poor family and was given the chance to have an education I wish many more Malaysians, my parents included. But I wish to share my view on this troubling phenomenon that is plaguing a certain segment of the Malays. My argument will be largely linguistic. What is the Malay view of the recent protest of UiTM student - of those young "men-in-black" whose are mourning and calling for the death of reason and rationality and for critical sensibility? I think Malays in general are angry at the protesters. I think they are embarrassed that those few thousands of Malay students were displaying their ignorance of what Universiti Mara means. While other universities have advanced (sudah mara ke hadapan) and are proud that they are embracing diversity and sharing resources for the benefit of deserving children of all races, those protesting UiTM students are experiencing the opposite. They are yelling with pride the word "defeat" and "retreat". Instead of Ayuh Mara they are actually saying Jom Undur. While thinking needs to advance, these students are saying that they need to digress (Ayuh… mari mundur ke belakang). Mundur is the derivative word. Should a university embody the philosophy of mundur rather than mara? Should it even be proud of being and embodiment of that philosophy? I doubt it. Only a misguided leader will be proud of being a guide to 'defeat and retreat' while the world around 'advances' and moves. But these students are not entirely at fault. It is the ideology and perpetrators of the ideology of undur itself that's at fault. It is the leaders implementing the retrogressive ideology that are at fault. It is the systematic indoctrination programme of ketuanan Melayu run over the decades that are advancing this UiTM philosophy of retreat. It is an overdose of the work of government-sponsored Biro Tata Negara (BTN) that is making the mass retreat and defeat possible. It is the work of Malay-dominated agencies like these that are imprisoning the minds of the Malays. This is an anti-Malay-progress establishment that is using deformed arguments on race and ethnicity to pursue an educational ideology that has gone bankrupt. ...more http://www.malaysiakini.com/columns/88014 |
August 18, 2008
The 1988 Judiciary Crisis (Video)
Revisiting the '88 judiciary crisis 13 Aug, 2008 - Malaysiakini Videos Two decades have passed since the 1988 judiciary crisis. But the effects still linger. The phrase 'judiciary crisis of 1988' is generally understood as relating to the suspension and sacking of Supreme Court judges including the then Lord President Salleh Abas. |
(courtesy of Malaysiakini) |
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August 16, 2008
Chinese-savvy or not, Arif Shah represents racist Umno
Permatang Pauh by-election updates are available here.
Chinese-savvy or not, Arif Shah represents racist Umno: Anwar 15 August 2008 - The Sun SEBERANG PERAI (Aug 15, 2008) : Datuk Seri Anwar Ibrahim has dismissed his BN opponent Datuk Arif Shah Omar Shah’s proficiency in Chinese as an important determinant in wooing multi-racial voters in the Permatang Pauh parliamentary by-election. "I don’t think that is the issue. The issue now is policy. It is about who can articulate the vision of the country, and represent the concerns of all Malaysians – Malays, Chinese and Indians," the PKR de facto leader said today (Aug 15) ahead of nomination on Saturday. "You can speak Mandarin. But you represent Umno. There is a big difference there." "You represent Umno when Umno is going on about a very racist agenda," he added. Anwar said this while visiting the DAP’s 24-hour Permatang Pauh election operations centre in Taman Arowana in Seberang Jaya here. Also present was DAP secretary-general and chief minister Lim Guan Eng. Anwar also lamented that a minor issue like asking for a mere ten percent quota for international and non-Bumiputra students in UiTM, which would benefit the students at the university, had been blown out of proportion by Umno members. He explained that Selangor mentri besar Tan Sri Khalid Ibrahim, who is also PKR secretary-general, had only suggested that one course like the MBA be opened to international and non-Bumiputra students. "Look at what the reaction is like - so strong, racist Malay line," he said. "This is a very dangerous trend in this country after 51 years of independence." He also criticised Umno for organising a function in Penang themed on "saving" the state’s Malays and blaming Pakatan Rakyat (PR). "As if we are here bullying or killing the Malays of Penang," Anwar said. He stressed that the PR’s focus was to ensure the welfare of all races. "Every time Umno and the ruling party are under threat, they resort to the race issue," he said.. He added that his team of supporters would have to work doubly hard to explain to Malay voters how the mainstream media is being manipulated by the ruling federal government to play up the race issue and denigrate the PR. He also brushed aside recent reports that there are cracks among different parties in PR, and pointed out that both PAS president Datuk Seri Hadi Awang and DAP chairman Lim Kit Siang will escort him to the nomination centre tomorrow. He said opinions by PAS members who expressed the desire that Hadi should be the prime minister in a PR federal government were not a problem as these were views expressed freely by members. "I don’t take this as a problem. We will just discuss issues like this within the PR." He called the news reports on the matter the work of Umno-controlled media organisations which wanted to present a picture of PR falling apart. "We are not dealing with Arif Shah but the might of the BN," he said. On the possibility that Akim, a small splinter group from PAS, was planning to nominate its own candidate in the by-election, Anwar said it was part of the democratic process and would not affect his bid. "If anything, I think they will steal the Umno votes," he said. ...source |
Malaysia is a rare multiracial success.
Malaysia is a rare multiracial success. But its stability is being put to the test A repeat legal assault on the opposition leader highlights the current volatility. The old order is desperate to hold power Martin Jacques August 15 2008 - The Guardian A feverish atmosphere now grips Malaysia. The country is awash with rumours. Until the resignation in 2003 of the previous prime minister, Dr Mahathir Mohamad - after 22 years in office - its politics was entirely predictable. Now it is becoming highly unpredictable. Malaysia is one of the great Asian success stories. It has enjoyed a growth rate of up to 8% for much of the past 20 years, and the fruits of prosperity are everywhere to be seen, from the magnificent twin towers in Kuala Lumpur to the expressways and traffic congestion. Without doubt Malaysia is the great economic star of the Muslim world. The architect of this economic transformation was Dr Mahathir, but since he stepped down the country has been engulfed by growing doubts about his legacy and the emergence of a new set of priorities. The turning point was the general election last March. Ever since the country gained independence from Britain in 1957 it has been ruled by the Barisan Nasional, a coalition of three racially based parties led by the United Malays National Organisation (Umno), which has dominated Malaysian politics, leaving the opposition permanently enfeebled and embattled. In March, however, the government gained only 51% of the popular vote compared with 64% at the last election in 2004. It was its worst performance ever, and was compounded by the fact that the BN lost its two-thirds majority in parliament, by virtue of which it had previously been able to enact constitutional change. The government still enjoys a healthy majority, but the election has undermined its self-confidence, hugely enhanced that of the opposition and transformed the mood of the nation; where once politics seemed set in stone, suddenly change is in the air. The government has become defensive and fearful, symbolised by the prime minister Abdullah Badawi, who is a weak leader in comparison with his formidable and long-serving predecessor. The government's defensiveness is illustrated by its latest legal assault against Anwar Ibrahim, the leader of the opposition coalition and a former deputy prime minister. In 1998 he was charged with sodomy (engaging in a homosexual act, which is illegal in Malaysia) and imprisoned for 15 years, but released in 2004 after the appeal court overthrew his conviction. Fearful of his imminent return to full-scale politics after serving a period of disqualification, the government has once again charged him with sodomy ("carnal intercourse against the order of nature"). In a recent poll, two-thirds believed the charges were politically motivated. Indeed, a remarkably apologetic leader in the Umno-run New Straits Times last Saturday displayed a transparent lack of conviction in the charges. In a predominantly Muslim country, the sodomy charge is manifestly designed to discredit Anwar in the eyes of Malays, while the timing is a blatant attempt to prevent him from returning to parliament. In short, it is the unimaginative act of a government that is running scared. The government, meanwhile, finds itself mired in another scandal - the murder of a young Mongolian translator in 2006, for which a close political adviser of Najib Tun Razak, the ambitious deputy prime minister and defence minister, is standing trial, together with two of his bodyguards. The fact that, subsequent to her murder, an attempt was made to remove all traces of her body by the use of special explosives, whose use can only be sanctioned by the highest authorities in the government, has encouraged widespread speculation that Najib and his wife were involved in the murder - which appears to have been related to a lucrative submarine deal with France. The government has only itself to blame for this endemic mood of rumour. The media is closely controlled by the government and is widely disbelieved. As a result the vacuum of information and opinion has been filled by two websites - www.malaysiakini.com and www.malaysiatoday.com - which have become highly influential, outspoken and merciless towards a government that no longer controls the information agenda in the way that it has previously, further serving to undermine its position. The growing lack of confidence in the government is fuelled by systemic corruption, especially in Umno, and a widely held view that the benefits of the country's economic growth have not been shared equitably, with poorer Malays and the Indian minority in particular losing out badly. Indeed it was a demonstration by the Indian minority-rights organisation Hindraf last year that helped to draw the nation's attention to the plight of the Indian community and the neglect of the poor. Corruption is rife in Umno, which has become a vehicle for personal enrichment; its vice-president said last week that "it has become rampant at all levels and it is frightening if this becomes normal practice in future". Events could move quickly. On August 26 Anwar will stand as the opposition Pakatan Rakyat candidate in his old parliamentary constituency and will undoubtedly win by a huge margin. The government, meanwhile, will attempt to stymie his rise by the use of the sodomy case. Anwar has regularly predicted that the government will fall by September 16 when, he claims, about 30 government defections will enable the opposition to form a new government. It is unlikely to be so simple. The old order, which has ruled Malaysia for 51 years, will mount a desperate fight to ensure its own survival. Too many people have got too much to lose; a Pakatan government would threaten their reputations, careers, wealth and, in some cases perhaps, freedom. A further problem concerns the nature of the opposition. A Pakatan government would be a combination of incongruous, incoherent and uneasy bedfellows: the Islamic PAS, DAP (a predominantly Chinese party) and Anwar's Keadilan. As a consequence, the opposition's credibility as an alternative government is seriously flawed. The greatest fear must be that as the old order weakens, underlying racial tensions will be exacerbated and exploited for nefarious purposes. Malaysia is multiracial in a way true of few societies outside Africa: with Malays accounting for around 60% of the population, the Chinese for some 25% and Indians 8%, this is a country that depends on a racial consensus for its stability. That cannot be said of any European society, Britain included. Such racially diverse societies are extremely difficult to govern, and it is to Malaysia's enormous credit that it has combined economic growth with relative racial harmony - a feat for which it has rarely been given the credit it deserves in the west. Undoubtedly the present system of positive discrimination in favour of Malays has largely outlived its usefulness, but any reforms will be difficult and potentially fraught. Hopefully the kind of political change that Malaysia now requires can, in time, be achieved without losing its most precious achievement. But there can be no guarantees. · Martin Jacques is a visiting research fellow at the London School of Economics Asia research centre ...source |
August 15, 2008
A Place Under the Malaysian Sun III
Malaysia a Jurassic Park? Kim Quek 15 August 2008 - Malaysia Today Surprisingly, even the Constitution was brought in to defend UiTM’s 100% racial discrimination policy, displaying wide-spread ignorance of the Constitution. Vice-chancellor Ibrahim specifically referred to Article 153 of the Constitution as legal basis for his refusal to open the door of UiTM to other races. Can those people thumping their chests to condemn Selangor Mentri Besar Khalid Ibrahim’s suggestion to allocate 10% of student admission of Universiti Teknologi Mara (UiTM) to non-bumiputra and foreign students please answer one simple question: Is there a single university in the world which practices 100% racial discrimination in its student enrolment? If there is none, shouldn’t these same people start to do some reflective thinking now as to whether it is a plus or minus for Malaysia to have this unique distinction? Should they not contemplate whether they are proud or not so proud of this ‘achievement’? Should they not be concerned of what the rest of the world might think of a country that is still fanatically defending its policy of total racial discrimination in its highest seat of learning when the whole world has either abandoned or criminalized racial discrimination of all kinds? Are they not worried that Malaysia may soon acquire the image of ‘Jurassic Park’ or ‘Lost World’ of this globalised age? Yes, I use the word ‘fanatically’ because the outburst against Khalid’s suggestion was swift, vituperative, irrational, racist and spearheaded by top UMNO leaders and reverberated down to UiTM students who gathered in the thousands to protest in front of Khalid’s office. Vocal assailers include unfortunately the minister of higher education Khaled Nordin and UiTM vice-chancellor Ibrahim Abu Shah; and vitriolic criticisms include ‘selling out Malay special privileges’, ‘insult to his own race’, and ironically even ‘playing with racial sentiments’. Surprisingly, even the Constitution was brought in to defend UiTM’s 100% racial discrimination policy, displaying wide-spread ignorance of the Constitution. Vice-chancellor Ibrahim specifically referred to Article 153 of the Constitution as legal basis for his refusal to open the door of UiTM to other races. Whereas the reverse is true – Article 153 only empowers the Yang di-Pertuan Agong to request for the reservation of such proportion of position as deemed reasonable for the Malays and natives of Sabah and Sarawak in educational institutions funded by the government. Coupled with Article 8 which prohibits discrimination of any kind on the ground of race, UiTM’s 100% racial policy is clearly unconstitutional. The fanatical zeal displayed by the ruling party (UMNO) in condemning even the tiniest opening of its mono-racial institution to others in this multi-racial nation half a century after independence is undoubtedly a terrible indictment on the miserable failure of nation-building carried out by the only ruling power this nation has ever known – UMNO. It should be pointed out that this UiTM fiasco is the latest in a long string of world renowned scandals that have shamed this country in a short spell of time – starting with the Lingam tape that reveals our judicial rot, the Mongolian high-level murder trial that drills on endlessly and aimlessly, the Anwar sodomy frame-up saga II which symbolises the regime’s moral bankruptcy, the violent disruption of Bar Council forum on family problems arising from conversion to Islam that displays religious intolerance. What alarms the public even more is that these scandals seem to roll in with increasing frequency and speed, destroying what little trust and confidence the people may still have with the government. Are we as a nation already in the reverse gear sliding into an abyss? With these self-destructive maneuvers, apparently self-engineered for its own political survival, UMNO is actually stretching the political and social fabric of the nation to danger zone. How then could Prime Minister Abdullah Badawi in all honesty announce that the country “is doing quite well in terms of the economic fundamentals” when the economy is already deeply troubled with slumping demand amidst spiraling inflation in an ambience of administrative incompetence, and escalating political turmoil and uncertainty? The latest two incidents – Bar Council forum and UiTM enrolment – appear to be linked to the imminent Permatang Pauh by-election through which Anwar Ibrahim is planning to make his grand return to Parliament. It is apparent that UMNO is hell bent to scrape and exploit every bit of potential religious and racial friction and blow it up to inflame the primordial instincts of the 70% Malay electorate in the Permatang Pauh constituency. Its policy seems to be: There is no price too high for UMNO to retain power, including stoking the fire of racial hatred and religious animosity that may eventually rift the nation apart. The nation must decide whether it can tolerate such an incumbent political power to continue to hold the reign of government. And that collective decision, if in the negative, can be put into effect (to a significant extent) by the electorate of Permatang Pauh by giving Anwar Ibrahim a resounding victory. ...source |
A Place Under the Malaysian Sun II
'Non-bumis will be an asset for UiTM' Aug 15, 2008 - Malaysiakini Your Say On PM vetoes call to open UiTM to non-Malays Chin Tu Lan: I'm a Chinese, and if you ask me whether I feel hurt by this whole issue, I would say no. Mara was set up to help bumiputera students get their education in Malaysia. Let them have their own institutions if they think the concept of staying in their own cocoon makes them better. Just allocate more local university spaces for non-bumiputeras. The whole concept of having 10% participation from non-bumiputera and foreigners is to prepare the bumiputeras to be more competitive when facing the global community. It is their loss anyway. What should we non-bumiputera be worried or angry about? However, I'm angry at the Umno politicians who made a fuss out of this whole issue. Umno claims to be the protector of the bumiputera, yet their actions only tell me that what they are doing is for Umno survival, not for the good of the Malay race. They do not want the Malays to progress. You see, as long as they could keep the bumiputera a marginalised race in the country, Umno will still exist and stay relevant. If all bumiputera are well to do, then why do they still need Umno? I hope one day the Malay race will realise Umno's evil ploy and I hope the day will come very soon. Please, let us not be angry with the UiTM students and graduates. They are just tools used by these Umno politicians. I know of many UiTM graduates who are hardworking and honest. They just want an equal chance and opportunity to survive in this world, as do all of us. I'm afraid that their leaders do not see far enough in the future to take them further, and this is making it worse for them. Har Wai Mun: The MB's reasoning for his suggestion is to allow UiTM students to gain more exposure and be friendlier to people of other races. If anyone thinks his reason is not correct, the logical counter-point would be along the lines of either ‘the suggestion would not allow students to gain more exposure and be friendlier to other races,' or ‘allowing students to gain more exposure and be friendlier to people of other races is not beneficial'. Hopefully, the MB's suggestion will be viewed constructively and is not obscured by communal sentiment. Non-bumis will be an asset to UiTM. Quoting a declaration on various placards on parade at the demonstration, the MB's suggestion might not only ‘Selamatkan UiTM' (Save UiTM), but might propel UiTM to be a world-class university that makes all Malaysians very proud! Anti Double-Standard: It is unfortunate that the MB of Selangor's view about UiTM made him become a racial and political scapegoat when all he was trying to do was foster greater racial harmony in the country and encourage better quality bumiputeras to go through an open university system. After all, he was only proposing a 10% allocation for non-bumiputeras and foreign students. In fact, allocating a small percentage of places for non-bumiputera students has already been practised by the present BN government in fully residential schools. (sekolah berasrama penuh) This has happened even though these schools were originally meant for bumiputera students coming from low-income families. Thus, Khalid Ibrahim's proposal concurs with the present government's line of practice - only that he is trying to extend it into the universities. If UiTM remains die-hard on its decision to keep the university as an all-bumiputera institution of learning, then why does it have a programme of study known as 'UiTM International' and why is it scouting for foreign students from abroad to study there? I know that UiTM has even participated in an international exhibition on higher education in China as late as last year in order to enroll students from China to study at UiTM. What has UiTM to say on this matter? We would like to hear from the vice-chancellor on this question. Kaisim: I salute the Selangor MB for having the courage to make this call to open UiTM to non-Malays. This is the type of leader we need to build Malaysia. A leader representing a multi-racial country cannot be narrow-minded and selfish. Schools, colleges and universities are places for our future leaders to mix and become good citizens. Open any religious text - where does it say that you only have to help your own kind? Ibrahim Abu Shah, vice-chancellor of UiTM, has acted like a politician and made absurd statements about Khalid`s good intention. Ibrahim should concentrate more on becoming a politician. Only then he can make drastic changes to universities to suit his whims and fancies. Many politicians forget that Malaysia needs policies that emphasise need rather than race. We must never forget that, just as there are many rich Malays and non-Malays, there are many poor and unfortunate ones as well. We wish there were more good and responsible politicians who could speak the language of peace, fairness and unity at a time when many of us view with concern the deteriorating spirit of tolerance from an ethnic and religious perspective. Richard Teo: When Abdullah Badawi assumed the mantle of prime minister, he vowed he would be a leader for all Malaysians. However, his vetoing the Pakatan Rakyat Selangor Menteri Besar's call for UiTM to be opened to non-bumiputera, clearly showed that what he espoused was not what he had meant and that the PM is a leader of only one race. No leader of a country that is diverse and multi-ethnic can ever perpetuate a policy that favours one race but claims magnanimously that he is a leader for all. The myopic policy of enrolling one exclusive race in an institution of higher learning will result in a generation of Malays growing up without contact with other races. Such a policy will have adverse implications on future race relations, particularly when religion has already created a wide chasm between the three major ethnicities of the populace. This proposal is a legitimate plea to open up UiTM so that some form of competition can be given to the otherwise isolated Malay students. This in turn would also allow some form of integration among the races and facilitate multi-racial identity. It is rather unfortunate that Ibrahim Abu Shah should even oppose such a plan, since you would expect an academic to be supportive of attaining academic excellence by opening its institution to students based on merit. It is ironic that an academic who chooses mediocrity as an enrollment policy should be appointed vice chancellor of an institution that professes to be churning out students who 'now hold top positions in both the public and private sectors'. Adrian CF Ng: To say I was shocked by what was said is an understatement - I was actually dumbstruck. I cannot understand why the UiTM students are so reluctant to accept change. The well-respected former corporate figure, the MB of Selangor has merely suggested opening up 10% to non-Malays. He has a vision, a long term one. Is it really so important that we have to segment our Malaysian society? At this level? Enlighten me, please. In addition to this, the issue is not about Malays or non-Malays. Look at the standards of all of our local universities - where are we now? At a time where global universities are competing for top academics to study or conduct research at their universities, our local students are rejecting competition. What a shame. Look at Cambridge, Oxford, Stanford and Harvard, just to name a few. Why are top students wanting to get a place in these prestigious universities? Think a bit, local grads, think - use your heads for once. These universities are the places where all the top students are and where they can learn from each other. In order to improve, we need to learn, and to learn from the best, if possible. No wonder our local graduate unemployment rates are so high, and are getting higher. Just like what the uncles, aunties, pak cik and mak ciks say - ‘No standard!' I couldn't agree more... Elsie Goh Siew Khim: Once again, this PM has put his foot into his mouth. He did not check his facts and history, and without hesitation exhibited his power to veto the call to open UiTM to non-Malays. Past records of UiTM will prove that two Chinese non-Muslims were admitted into UiTM, and there was no fuss, no protests, no veto, etc. The double standard practised by the BN-Umno regime is obvious. When it comes from them, everything is a non-issue. Could it be that these two girls were admitted because their parents were/are BN supporters? Whatever it is, I demand that the PM explain to the rakyat why non-Malays are not allowed in UiTM. Why were these two Chinese non-Muslim girls allowed in UiTM? If the PM is unable to provide a logical explanation fit for human consumption, then this confirms the perception held by a huge majority of Malaysians that this PM is incompetent and should gracefully resign. Otherwise, we have no respect for this man. Michael Sun: I find the reaction by the UiTM students and the vice-chancellor to be very racist, immature and definitely lacking in wisdom befitting an institution of higher learning. UiTM students screamed that ‘UiTM is Hak Melayu' and that it needs to follow the constitution. Firstly, the constitution only spelt out the ‘special position' of the Malays in respect to jobs in the government service. UiTM has been funded by taxpayers' money, and according to Dr Mahathir Mohamad, 90% of individual taxpayers are non-Malay Muslims. So here you are, using our money to fund a university that is not open to us. Secondly, education is a right under the UN Human Rights Convention. Of course, Malaysia dares not sign it, as we do not practice human rights. Why, then, do we tax the non-Malays to fund a university solely for the Malays? Is this an Islamic Hadhari way of justice? Thirdly, look at the Harvards, Cambridges and Oxfords of the world - do they restrict their student enrollment by race? No wonder the UiTM graduates cannot find jobs, save those taking professional accountancy courses. Unless and until UiTM changes its mindset, the university will remain mediocre. God really has to bless Malaysia and protect us. Yeap Cheng Liang: I am very disturbed by this recent event. When I looked at the UiTM students' demonstration and all the shouting about defending Malay rights and calling Khalid pengkhianat bangsa, I wept. I wept for this country, the country that am I supposed to love unconditionally, and I looked at my little child and asked whether this country still loves me and my family. It is not that non-Malays will immediately accept UiTM's offer if they open up that tiny 10% allocation - there are so many colleges and universities around, the choices are abundant. What makes them think that non-Malays would want to apply at all? For me, it's the betrayal of the promises this country had for my family and for future generations, for my daughter Hannah and many who are born in Malaysia. I am very, very disturbed and sad that, after 50 years of Merdeka, we are still divided by race and religion. Calling your own race pengkhianat bangsa is actually implying that the other races are invaders, that these other races are out to conquer Malaysia and are not fit to be in this country. No doubt this is the saddest day of my life - sad because I realise that I am not recognised as a Malaysian, no matter how good my Bahasa Malaysia is, no matter how long I have stayed here. Sad because my Malay friends will be called pengkhianat bangsa just because they are fighting for a better Malaysia. True Blue Malaysian: For the past 50 years, Umno has made Mara institutions a breeding ground for perpetuating Ketuanan Melayu. Mara graduates will end up with government offices, and this is where policies will be implemented and carried out throughout the country. Many will end up as top government officers and directors. Will they practise sound and fair governance? Are they of the right calibre? Look at the qualities of some of the vice chancellors and professors - you can tell. They do not show the true traces of scholars. True scholars and academics, such as Ungku Aziz and his peers, are all gone and have been replaced by a bunch of party cronies running our institutions of higher learning. The whole country is in a mess because capable people are not given the chance to run the government machinery, and only mediocre, incompetent and untrustworthy people favoured by the current and past government. It is no wonder the education system has gone down the drain, thanks to their ‘under siege' mentality and their imaginary fears of being overwhelmed by ‘others'. The results show - compare us with Singapore. We were on par with them in almost everything 50 years ago. Now we are left far behind, in education especially. I believe we are all aware of it, but to the government, it does not matter. What matters most is the preservation of their own race and religion.. Cinaputra: When talking of UiTM opening to other races, I really wonder whether UiTM students have any pride of their own. Are they too weak to compete with others, with non-bumis? Or do they feel that this university is only for the highly privileged, elite class of people - the so-called Ketuanan Melayu class? They is a Malay proverb that I will never forget - seperti katak di bawah tempurong - that exactly describes those who are not open to challenges. In my opinion, the BN is not helping them. The ministers' children will be sent to the UK, USA, Australia, etc. Why not UiTM? Ipohwood: I'm a non-bumiputera parent and I strongly support the move by some UiTM students to protest the proposal by Selangor MB to allocate 10% of seats to non-bumiputera students. If UiTM is opened to non-bumiputera students, it could lead to serious negative consequences to the non-bumiputera students, such as 1. It is very likely that they will end up to be mat rempit or kaki lepak; 2. They may become unemployable, as UiTM is probably the lowest ranking public university in Malaysia; 3. Instead of making other UiTM students become more competitive, these poor non-bumiputera students may become less competitive, depending on what their potential allows; 4. This will deprive the non-bumiputera students from securing a place in other public universities such as USM, UTM, UM, UKM, UPM and others. Imagine the devastation a parent will have should their children obtain four As for STPM but be sent to UiTM instead of UM, USM, or UTM just because UiTM is now open to non- bumiputeras! Contrary to general belief, UiTM students, in this case, showed how farsighted they are indeed. Truth: I hope Malaysians will understand and treasure the true values of ‘justice and fairness' in our society. One cannot expect a racial discriminatory policy to perpetuate forever in any nation. How do we teach or explain to our children the justification of such a policy? How can we justify that such a discriminatory policy exists long-term in our multi-ethnic, multi-cultural world? (Just look at the ethnic Chinese badminton players representing different countries in the recent Olympics.) If poverty is what we need to address, let's address poverty. If underprivileged people need to be helped, let's help the underprivileged. Race, culture and religion should never be used to discriminate against one community or another to serve one's own self interest. Multi-ethnic, multiculturalism is a fact of life in the world we are living in. The notion of ‘truth, pprightness and fair play' must prevail in every aspect of our daily lives because there is no justice in ethnic or racial discrimination, no matter how you try to rationalise it. You are just kidding yourself if you think otherwise. Sionna: My friend was surprised to learn that UiTM was for bumis alone, as according to her, she has seen plenty of foreign students on the campus, ranging from Bangladeshis to Arabs students, just to name a few. And these aren't students there for a visit; they're there to study. So, one wonders, does the UiTM vice chancellor really know who's studying in his campus? ...source |
A Place Under the Malaysian Sun I
The land that my forefathers helped build August 13, 2008 - People's Parliament ... ‘UiTM is for Bumiputeras — that’s the strong message from more than 5,000 Universiti Teknologi Mara (UiTM) student’, reports NST. “Jangan Rampas Hak Kami” What Bumiputeras? What ‘hak’? Someone must tell them that the document that our forefathers left us with, the Federal Constitution, makes no mention of Bumiputera. And Article 153 talks only of the Yang di-Pertuan Agong safeguarding the special position of the Malays and natives of any of the States of Sabah and Sarawak of such proportion as he may deem reasonable of positions in the public service (other than the public service of a State) and of scholarships, exhibitions and other similar educational or training privileges or special facilities given or accorded by the Federal Government and, when any permit or licence for the operation of any trade or business is required by federal law, then, subject to the provisions of that law and this Article, of such permits and licences. Special position. Not rights and privileges. And that special position was envisaged by the forefathers of this nation, as explained in the Reid Commission report, to be reviewable after 15 years. In other words, not in perpetuity. ...more |
August 9, 2008
To defend Malaysian democracy
To defend Anwar is to defend Malaysian democracy By Sandra Day O’Connor and Abdurrahman Wahid August 7 2008 - Financial Times We know Anwar Ibrahim well and have the highest regard for him. For that reason, we are very concerned about recent developments in Malaysia that seem aimed at defaming him and threatening him with imprisonment in a manner reminiscent of the campaign to defame him in 1998. The power to prosecute is one of the most awesome powers of the state. Without proper checks and balances it can easily be abused by those in power to humiliate and discredit innocent people. Even when the injustice is corrected, its victims are often left with their reputations permanently damaged. In Malaysia, the power to prosecute is being used to try to discredit Mr Anwar, the remarkable leader of the opposition, victim of a similar attack 10 years ago. If this effort were to succeed it would be a tragedy for Mr Anwar personally, for the people of Malaysia and for the world. In 1974 Mr Anwar was jailed for 20 months, under Malaysia’s notorious internal security act, for leading demonstrations against rural poverty. Invited later to join the government, he rose to become Malaysia’s finance minister in 1991. His performance was recognised internationally. As deputy prime minister he was admired for his commitment to accountability and good governance. Many Malaysians wanted him to replace Mahathir Mohamad, the aging prime minister. Poised to lead the nation towards greater transparency and the rule of law, his agenda for reform was clearly perceived as a threat by some. In 1998, as he was on the brink of succeeding Mr Mahathir, he was unjustly accused of sodomy and corruption, beaten in jail and convicted in a trial that was marked by coerced testimony, fabricated evidence and serious lapses in judicial integrity. He spent six years in solitary confinement before being released, in part through the wisdom of Mahathir’s successor as prime minister, Abdullah Ahmad Badawi. Since then Mr Anwar has made a remarkable political comeback, thanks in no small measure to his wife, Wan Azizah, who led his party while he was banned from political activity and took it to success in Malaysia’s elections in March. With the ban on Mr Anwar lifted from April 14, it looked as if he had a chance to mount a serious challenge to the government and possibly emerge as the next prime minister. Last Thursday, Wan Azizah resigned her seat and Mr Anwar announced that he would run to fill it. However, his enemies are fighting back, filing new sodomy charges . We find it impossible to believe these charges. We know Anwar as a man of integrity. We appreciate the way he has spoken on behalf of freedom, democracy and human rights. The charges are inconsistent with everything we know about his character. At the same time, there are plausible motives for some to manufacture a false case against him. Mr Anwar last year brought evidence to a royal commission that enabled it to conclude that there had been improper influence exerted on judicial appointments. More recently he announced that he had evidence against the current attorney-general and the current inspector-general of police for the perversion of justice in his own prosecution in 1998-99. A few days ago it was disclosed that the doctor who first examined the alleged victim found no physical evidence to support the most recent accusation. The Malaysian authorities need to recognise that there is no way that continued pursuit of these charges can be viewed as credible, given the history of prosecutorial abuse and manipulation of evidence in the earlier proceeding against Anwar. His political future should be decided at the polls, not through some suspect prosecutorial proceeding. We are deeply concerned that the safety, freedom and reputation of an important leader in the Muslim world are at risk. So, too, is the integrity of Malaysia’s judicial system and along with it the credibility of the government in general. The future of Malaysia as an example of success for the developing world and for the entire Muslim world may be at stake. We hope Mr Abdullah, who showed wisdom earlier in facilitating Anwar’s release from prison, will manage to drop the charges against Mr Anwar and in so doing serve the interests of justice for the people of Malaysia and for all the people of the world. Justice Sandra Day O’Connor is a former justice of the US Supreme Court and Abdurrahman Wahid is former president of Indonesia ...source |
August 8, 2008
The calm before the storm
The calm before the storm - again Neil Khor Aug 8, 2008 - Malaysiakini Letters Many Malaysians are shocked that Anwar Ibrahim is being charged with having ‘committed a sexual act against the order of nature’. On the one hand, there is a small number who will believe anything that the government tells them. Similarly, there are those who disbelieve everything that comes out of the mainstream media. MCPX Then there is the rest of us. Malaysians who have to weigh the facts before making up our minds. I am reminded of the situation in Penang in the recent general elections. There is now a strange calm throughout the whole country, the same calm before the last electoral tsunami. Malaysians are now making up their minds. It may be that those in power are so divorced from us that they do not realise that the ground has shifted. For some people, those who have for years benefitted from a very strong BN government, it is almost reflex action to disregard the average Malaysian. As a friend asked in exasperation: ‘Do they think we are blind?’ Actually, we simply do not figure in their minds. For too long, leaders have acted without much care for public opinion. They do not even realise that their high-handed antics are being watched and will be remembered especially when Malaysians go to the voting booth. Malaysians will never be able to forget this latest tribulation faced by fellow citizen Anwar Ibrahim. There are several reasons why the Anwar Ibrahim case will be unforgettable. In fact, it will mark a historical watershed in modern Malaysian history. It will be on par with the murder of JWW Birch in 1875 and will be as life-changing as the assassination of Henry Gurney in 1951. Firstly, depending on the outcome of the trial, the Malaysian judiciary will be irrevocably affected. It might either be an opportunity to regain public confidence or finish any respect the public has for the judiciary. If the latter happens, we might be entering a new chapter in our national history. We will become a society where citizens no longer respect law and order. Secondly, this is the second time Malaysia is being tried by the media. We are fast losing our case in the court of public opinion. Malaysia's good name overseas, so tirelessly crafted by our first class diplomats in the 1960s and 1970s, will now be irrevocably damaged. The picture is no better inside the country. The government is facing a crisis of confidence. If in 1998, the anti-Anwar feeling was quite palpable as Anwar was still mistrusted for his deeds in the education ministry, this time round Anwar is seen as the champion of multi-ethnic Malaysia. Furthermore, in 1998, the Internet was only at a nascent stage in its development. Today, most Malaysians get their information from the Net. In this digital world, it is quite difficult for any one party to dominate or stuff the ‘truth’ down anyone's throat. Sadly for the government, in the court of public opinion it has lost the credibility game. It has not been able to create a sense of ambivalence so well crafted by Dr Mahathir Mohamad in 1998. In the midst of a global economic crisis, Mahathir was a pillar of strength. Malaysians were conflicted and many in the urban areas continued to support the BN because it demonstrated dynamic handling of the economic crisis. The present government has not shown such dynamism. Instead, it leaves behind a trail of ‘flip-flop’ policies. Malaysians are now asking whether the country has enough resources to cushion this indecisive government. Whilst it was unthinkable after March 8, there is now a developing sense of urgency that this recently elected government should go. Thirdly, this is a landmark case for it is exposing how archaic and outdated some of laws can be. Crafted in the Victorian Age, this piece of law was repealed in the West decades ago. In the face of scientific evidence, even Singapore's conservative patriarch came out to say that homosexuality is a genetic condition. But, more importantly, that such laws have been used to prosecute Anwar Ibrahim a second time is really quite amazing. That in a consensual situation, only one party is being prosecuted is evidence of political motivation. The combination of all these reasons will immortalise the name of Anwar Ibrahim in our history books. Perhaps, these books will not be written in the immediate future but it is already written into the minds of many Malaysians. The name Anwar Ibrahim now evokes sympathy, courage, bravery and integrity. It will be a long day's journey into night but a new dawn will eventually come. ...source |
August 7, 2008
Drop Political Charges - Human Rights Watch
Malaysia: Drop Political Charges Against Opposition Leader Police Investigation of Anwar Ibrahim Lacks Credibility Human Rights Watch (New York, August 7, 2008) – The Malaysian government should immediately withdraw politically motivated charges against opposition leader Anwar Ibrahim, Human Rights Watch said today. Police served Anwar, who is running for office, with an order to appear in Kuala Lumpur Sessions Court on August 7, 2008, under a colonial-era law that criminalizes homosexual conduct. But several instances of misconduct around the investigation into allegations that Anwar had sexual relations with a male former aide show the charges are aimed at preventing Anwar from leading a new government. Police handled the inquiry improperly, while government officials interfered in it and tried to publicly intimidate and embarrass Anwar. On August 26, Anwar is due to run in a by-election for the constituency vacated on July 31 by his wife, Dr. Wan Azizah Wan Ismail. On August 6, police ordered him to appear in Kuala Lumpur Sessions Court to face charges under section 377 of Malaysia’s criminal code, which criminalizes “carnal intercourse against the order of nature.” “The Malaysian government appears to be manipulating the legal system to shore up support for its continued rule and undermine the opposition,” said Brad Adams, Asia director at Human Rights Watch. “This case is really about preventing challenges to the government’s rule.” There is no legal impediment to Anwar’s running in the by-election, but denial of bail would prevent him from campaigning. Although a “sodomy charge” is a non-bailable offense, common practice has been for bail to be granted. Given Anwar’s high public profile, Human Rights Watch said that bail should be granted, as there is no evidence that he is a flight risk or will intimidate the complainant or any witnesses. The police investigation into the allegations against Anwar, who was arrested on July 18 and interrogated about the accusations, has lacked transparency and impartiality. Police refused to publicly release the first information report filed by the complainant, Saiful Bukhari, as required under Malaysian law. This has fuelled suspicions that the document may have been altered after Anwar’s arrest. Even more damaging to the credibility of the police investigation and the Malaysian government has been their response to a medical report by the first doctor to examine Saiful. The report of an anal examination conducted by a doctor at Hospital Pusrawi, and leaked on the internet on July 29, found no evidence of “sodomy.” Kamaruddin Ahmad, the hospital’s medical director, verified the report as authentic, but said the doctor who examined Saiful was a general practitioner, not a specialist, and that the examination was not “sodomy-related.” Deputy Inspector General of Police Ismail Omar dismissed the report’s relevance, describing it “as an attempt to sabotage police investigations” and confuse the public. Ismail also told reporters that police are considering investigating news sources that leaked the medical report. “The authorities seem more concerned with investigating how the medical report was leaked than with the fact that its content doesn’t support the criminal charges,” said Adams. The government of Prime Minister Abdullah Badawi has faced serious challenges from opposition parties since the national election in March 2008 in which the ruling Barisan Nasional (National Front) lost its two-thirds majority in the parliament and control of five states. Public opinion polls in Malaysia indicate little support for the prosecution of Anwar. An opinion poll released on August 1 by the Merdeka Center for Opinion Research found only 11 percent believed the sodomy allegations, while two-thirds believed the charges are politically motivated. Only a third expressed confidence that institutions such as the judiciary, the police and the attorney-general’s office would perform their roles in Anwar’s case in a fair and transparent manner. “The charges leveled against Anwar provide the government a convenient distraction from current political crises,” said Adams. “Pursuing this case will only undermine the credibility of the police, the prosecutor and the government.” The sodomy charges were filed under an antiquated law, a holdover from British colonial rule, that criminalizes “carnal intercourse against the order of nature,” both consensual and non-consensual. Human Rights Watch opposes all laws used to criminalize consensual homosexual conduct between adults, and urged the Malaysian authorities to repeal those provisions while replacing those on non-consensual sexual acts with a modern, gender-neutral law on rape. Anwar’s previous trials in 1999 and 2000 on corruption and sodomy charges raised serious concerns about judicial independence and fairness. The courts refused bail, prevented Anwar from raising certain defenses, disallowed witnesses from testifying, and improperly threatened defense lawyers with contempt proceedings. Then-Prime Minister Mohamad Mahathir even went on television during the trial to declare Anwar guilty. If the charges are not dropped, trial proceedings should be fair and public, and conducted by an independent, impartial and competent court that meets international due process standards, Human Rights Watch said. This includes selecting the judge at random according to the standard practice in Malaysia. There should be no shadow of suspicion that the selection of the judge was fixed, as in the previous trials. ...source |
Rule of whose law?
Breaking the rule of whose law? Yusmadi Yusoff 07 August 2008 - Malaysia Today AUG 7 — We have been incessantly reminded by government leaders that we should abide by the law. That, in order for justice to prevail, we should uphold the rule of law. The Prime Minister again reminded us that we should be fair and that the law must allow a complainant to seek legitimate redress. The Prime Minister cautioned the public to "remember" that there is a valid complaint by Mohd Saiful Bukhari Azlan against Datuk Seri Anwar Ibrahim to be entertained. That it was, after all, done in accordance with the dictates of the law. That, again, any public outcry against the charges framed against Anwar is unnecessary and would jeopardise peace and order in society. As we moved into another series of the Anwar Ibrahim trials, reminiscent of the 1998 saga, we have again been given legal tutelage by government ministers. It is assumed that as long as the process involves the court of law, justice would prevail. It is also assumed that a charge can only be framed in the face of credible evidence, as weighed by the institutions of justice. These are the assumptions thrown about in the mainstream media on a daily basis, so that the people understand and appreciate that the fair game of justice is at work. We have been made to understand that we should let the law take its course. Lady Justice, holding the balancing scales, would forever be blinded from prejudices and would decide without fear or favour. The assumption is only theoretically correct, lest we forget that even justice can be a game, with willing pawns, charting its own rules for its own needs. The free use of the terms "rule of law" and "due process" as a means to justify action by politicians demands serious examination. As simple as it sounds, "rule of law" in fact reflects a serious concept which has often been misused and its philosophical and jurisprudential considerations largely ignored. First and foremost, rule of law does not equate to mere application of rule by law, regardless of the substance of the law invoked. Throughout history, laws have constantly been challenged for elements of discrimination and oppression. Hence, even the substance of the law must be examined before the application of the law can be accepted. Secondly, rule of law, even at its most minimal level, demands the application of the law to be devoid of external influences, especially governmental influence and that the institution adjudicating the laws ought to be free from corruption. External influences create ripples of instability, which may grow and endanger the order and legal certainty that is assumed with the rule of law. Rule of law shares an extremely intimate relationship with the other dimensions of a democratic government. In the truest form, it demands an independent judiciary, political rights, civil liberties and mechanisms of accountability to ensure that it remains true to form. Thirdly, we have to understand that rule of law rests on the pillar of democracy. In a society where the word of the minister is often quoted to be the gospel truth, we need to urgently step back and recall Thomas Paine's warning that "in absolute governments, the King is law, so in free countries the law ought to be King and there ought to be no other". Before parading the rule of law to diplomats and the media, as constantly exercised by Home Minister Datuk Syed Hamid Albar, we have to first honestly answer if we have been a free country in our practice of the law. We are hard pressed to honestly answer if we have been a country which protects, strengthens and empowers the agents of the rule of law. Democracy, protection of human rights and protection from bureaucratic caprice and corruption certainly cannot be divorced from the discussion with regards to the rule of law. Any attempt to do so means that the rules which have been promulgated exist within a system which is known only to autocratic despots and German Nazis. The notion that rule of law is an automated system which guarantees justice cannot be true when the substance of the law and its agents are constantly questioned even by the very people governed by the system. Serious doubts and questions were asked by the Bar Council and the public, mainly through the alternative media, on the veracity of the charges made in the police report. Yet, the questions posed were replied by affording denials, almost evasive if one were to recall the media statements made by Hospital Pusrawi on the medical report of Saiful Bukhari. The call by the Prime Minister himself for Anwar to "deliver" his DNA to the authorities is another incident which smacks of legal and scientific ignorance. The public demanded answers and obtained denials. They may have been "answers" but in fact, they created further questions and undoubtedly fuelled further speculation. More damaging, the "rule of law" as practised in Malaysia, now hangs precariously for the whole world to see. The controversial trials of Norita Samsudin and Datuk Norjan Khan and, lately, of Altantuya Shariibuu certainly beg the question of whether the rule of law is in place. In the eyes of the public, the institutions of justice have not "delivered" up to expectations. The lack of public confidence automatically means the lack of "legitimacy". In short, the rule of law cannot exist in the true sense when it is administered by a questionable system. The philosophy of punishment is deterrence. Yet, there would be none should the delivery mechanism be tainted with abuse and doubted by the people it serves. Rule of law demands categorical commitment to democracy and basic protection of human rights. Anything less means that we are not entitled to invoke it as a tool to justify action. The rights of not one but all citizens are at risk without a vigorous application of a truly democratic rule of law. Often quoting or misquoting the "rule of law" in order to justify questionable action in the face of glaring questions is a retrogressive and an unabashed embrace of Machiavellian politics — that the end justifies the means. Getulio Vargas, the former Brazilian President, was reported to have said: "For my friends, everything, for my enemies the law." Such is the power of the law. Yusmadi Yusoff is the Parti Keadilan Rakyat MP for Balik Pulau and currently a Fellow at the Center on Democracy, Development and the Rule of Law at Stanford University, the United States. ...source |
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