Congratulations, President Joko Widodo and Vice President Jusuf Kala of Republik Indonesia


October 20, 2014

Congratulations, Republik Indonesia

MY COMMENT: Congratulations to my Indonesian friends, associates and the people of Indonesia, Malaysia’s good friend, on the occasion of the inauguration of your President and Vice President today.

Joko and JusufPresident Joko Widodo and Vice President Jusuf Kalla of Republik Indonesia

Despite some controversies during the last Presidential election, Indonesia has shown that it is a viable democratic state and a worthy leader of the ASEAN community.

To new President and Vice President I extend my warm wishes and congratulations on their inauguration. Not to be forgotten, we must say a big thank you to President Susilo Bambang Yudhoyono for ensuring that his country remains a democracy and for promoting excellent relations with my own country. The outgoing President worked well with our Prime Minister. The good relations we enjoy today with Indonesia under SBY will continue in strength with the Joko Widodo-Jusuf Kalla administration in Jakarta.

There will be occasional glitches and strains, no doubt, but none seriousZahrain_Mohamed_Hashim enough to strain bilateral relations severely. I am in touch with our Ambassador Dato’ Seri Zahrain Hashim who has been working hard to improve relations with the Indonesian media and civil society since he began his tour of duty. His efforts are already bearing fruit and may he continue in an activist fashion to promote mutual understanding via dialogue and constructive engagement with opinion makers, religious leaders, and civil society activists, and think tanks and academia.

We can look forward to a further strengthening of bilateral relations under President Joko Widodo. Together, and with Malaysia in the United Nations Security Council, Indonesia in partnership with Malaysia as the ASEAN Chair in 2015 can be a positive influence on the strategic direction of ASEAN. The new President’s choice of Foreign Minister is critical though, since Foreign Minister Dr. Marty Natalegawa did a yeoman’s job of putting Indonesia’s imprint on Southeast Asia’s politics and political economy.

There are many challenges ahead for the new President, of course but one can be optimistic (certainly I am) that the new President, ably assisted by the experienced and business friendly Vice President Kalla will bring promises of a better future for the Indonesian people. Our relations with the government and people of Indonesia cannot be taken for granted. It takes a lot of effort to nip those glitches and strains in the bud.–Din Merican

The new President of Indonesia faces many challenges

by Dr. Farish M. Noor@www.nst.com.my

farish-a-noorTHE inauguration of President-Elect Joko Widodo, popularly known as Jokowi, and his vice-presidential partner, Jusuf Kalla, today marks a turning point in Indonesia’s history, as a politician with a humble civilian background and with no connections to the established elite of the country assumes the most powerful office in that country. Much is at stake in this event, as are the expectations that have been laid before the Jokowi-Kalla establishment.

Having kept his cards close to his chest all along, Jokowi was reluctant to divulge the names of the members of the cabinet, said to comprise 18 technocrats and 16 seasoned politicians, though it is widely known that much political bargaining had gone into deciding the final line-up.

This new government will face a People’s Representatives Assembly (Dewan Perwakilan Rakyat, or DPR) that is dominated by the opposition, and it is widely expected that many of the reforms that the new government will try to push through will be stalled on the debating floor.

Sec Gen-PPPEven then, last-minute developments may turn the tide in favour of the Jokowi-Kalla pairing. Last week, the United Development Party (PPP) went through one of its internal convulsions when the party assembly decided to make Mohammad Romahurmuziy (left) its new chairman, replacing Suryadharma Ali.

The PPP, at present, happens to be one of the parties that is part of the dominant Prabowo Subianto-led Red and White coalition, which currently stands to dominate the DPR. But at the PPP assembly, the winning faction signaled that there was now the possibility that the party might abandon the opposition coalition and jump to the Jokowi-Kalla pact instead.

Even if this were to happen, it would still not be enough to tip the balance in the President’s favour, and it is likely that the stalemate will continue unless, and until, another bigger party jumps across the political divide as well.

asean (1)

As things stand, we are likely to see a beleaguered presidency that will have to fight for every step it takes towards the ambitious reform package that it wishes to push through on a range of issues that span the public domain, from maritime policy, border issues, Indonesia’s role in the ASEAN region to tackling the problem of logistics and communication in that vast archipelago of a country.

Should the impasse remain, there is the likelihood that Indonesia’s wider ambitions will be thwarted by domestic political scrapes and scuffles, instead, as the parties and coalitions battle it out to block each other’s initiatives, and in the process, delay the transformation that would be necessary for the country’s economic take-off, that is long expected.

Jokowi and Kalla

For the neighbouring countries in the ASEAN region, the prospect of an Indonesia caught in the grip of domestic political stalemate is not a positive one, what with ASEAN Economic Integration around the corner, with the ASEAN Economic Community scheduled for next year.

For all these reasons, Indonesia will remain the country to watch in our region, this year and the year to come. And the state of Indonesia’s domestic politics is bound to have a spillover effect on the polities and economies of the region.

Post NEP Malay Anxiety Induced Exclusivism


October 20, 2014

Post NEP Malay Anxiety Induced Exclusivism (Part 1)

by Dr. Wong Chin Huat (10-19-14)@www.themalaysianinsider.com

The rise of communal exclusivism among the Malay-Muslims may not be so much because of ideational shifts than because of the deeply-rooted anxiety over the uncertainty in the post-New Economic Policy Malaysia.

And this calls for an alternative to “state partiality” as a solution to “socio-economic inequality”, a core idea in Malaya/Malaysia’s nation-building.

NEP

The inevitable rise of communal exclusivism

It’s heartening to read about a Muslim organising a “I want to touch a dog” programme for Muslims to overcome their fear of dog and, in a larger context, to bring down one of the many barriers that segregates Malaysians. It’s heartening because otherwise what we read in the news are more often about the rise of communal exclusivism, from more restrictions demanded in the name of “sensitivity” to the outright claim that Malaysia is a “Bumi Melayu Islam” (the Land of Malay-Muslims). I avoid using the term “extremism”, which should be reserved for advocacy of violence.

For many, this rise of communal exclusivism is a sad departure from a moreNajib inclusive Malaysia in earlier decades, some would say before Tun Dr Mahathir Mohamad’s government. I hold a crueler view. It is simply as inevitable as the collapse of Soviet Union after its tremendous success in transforming Russia into a global super power.

State partiality to overcome socio-economic inequality

Think of it this way. Malaya/Malaysia, as the main successor state of British Southeast Asia, not only had a population that was diverse in origin, faith, language and culture.

Its cultural diversity largely overlaps with socio-economic inequality – with the ethnic minorities over-represented in modern economy and education than the ethnic majority, creating reinforcing cleavages. Such a situation posed a big challenge in decolonisation – will independence lead to the dominance of the ethnic minorities and the further marginalisation of the ethnic majority?

If so, prolonged colonisation could buy time for the backward majorities to build themselves up.This was not only the argument raised by many Bornean leaders against the hasty Project Malaysia, for fear of dominance by Malayans and Singaporeans.

The call for Malaya’s independence was first made by the communists and leftists – including the Malays – before it was adopted by UMNO and the Alliance.

One way to avoid the marginalisation of ethnic majority after decolonisation is simply denying the ethnic minorities franchise, which was basically why the Malayan Union introduced in 1946 – a multi-ethnic unitary state – was staunchly opposed by the Malays and eventually replaced by the Persekutuan Tanah Melayu in 1948 – a more ethnocratic federation.

The argument for excluding the ethnic minorities was based on their refusal to be assimilated linguistically and religiously. One may phrase the debate as one on the 1946 Question – “can the citizens be different yet equal?” and see its centrality in Malaya/Malaysia’s political history.

The communist insurgency broke out in 1948 however denied the British and the Malay elite the luxury of delaying decolonisation.The pragmatic solution was “state partiality” in favour of the Malays as a response to their collective disadvantage in “social inequality”.

The Malays were given constitutionally enshrined “special status” in exchange of citizenship and economic freedom for the non-Malays. The non-Malays were given qualified religious and linguistic freedom – they can practise their faiths but any conversion has to be one-way street in favour of Islam, and they can keep their mother-tongue schools but these schools are to be gradually phased out through purposeful marginalisation and negligence.

This was the so-called Merdeka Compromise – minimum disruption to the status quo to satisfy everyone with a gradualist soft assimilation goal to pacify the Malay nationalists.

Rise of the NEP state 

Of course, the Merdeka Compromise failed to make everyone happy. Much to the chagrin of UMNO’s leadership, while Chinese-based opposition parties picked up more seats by avoiding multi-cornered contests, the Malay voters deserted UMNO in large numbers.

In 1964, PAS won two votes for every five votes won by UMNO. In 1969, PAS won two votes for every three by UMNO. The Merdeka Compromise was too slow to lift the Malays economically or culturally. The May 13 riot and the subsequent Emergency Rule provided the convenient and necessary juncture for UMNO under Tun Razak to reorganise Malaysia.

Officially, the New Economic Policy (NEP) was an economic policy to eliminate poverty and to restructure society. Unofficially, it represented a completely different policy paradigm. It was to affirm the Malays politically, economically, linguistically, religiously and culturally so that they could feel the benefit of independence – that they are the master of this country. The non-Malays can be on board to share power but they shall never dictate or have real veto power.

In that sense, the first Malaya/Malaysian state born on 1957 ended in 1969. The NEP was more than a policy for Malaysia. Rather, Malaysia was a state for the NEP. The policy officially ended in 1990, but its spirit lives on in other names, earning it the moniker “Never-Ending Policy”.

The “Malayanisation” of the Malaysian state and society has certainly alienated the non-Malays, who responded with brain drain and capital flight.This was the expected cost – and it may not be undesirable if the voids would be filled up quickly with Malay talents and Malay capitals.

Politically, up until 2008, the non-Malays – more precisely – alternated their response by dividing their votes between the ruling coalition and the opposition, with pendulum shifts between the two camps in response to UMNO’s restrictive or reconciliatory moves.

It frustrated the UMNO elite that the Chinese refused to be subjugated but the Chinese support for the opposition was at most a nuisance except for the 1990 and 2008 elections. Constituency delineation ensured that their political weight – on solo– is insignificant.

Post NEP Malay Anxiety Induced Exclusivism (Part 2)

Long and painful decline of the NEP State

The Achilles’ heel for the NEP state was, in management’s term, the agency problem. The person mandated to do something – the agent – does not act in the best interest of the person who places the mandate – the principal – but rather pursues his/her own interest.

If the NEP state elite – from politicians, bureaucrats to state enterprise managers – have no private interests but only pursue the Malay agenda, then 20 years would be enough for the state to empower all marginalised Malays and groom all talented Malays.

And the lifting of the Malays would induce pluralism and open up the political space for the NEP state to be phased out. But the NEP state is virtually a one-party state. State partiality to the Malays (vis-à-vis the non-Malays) does not mean state impartiality to all Malays. Rather, it means partiality to UMNO Malays, more precisely, those with the right connection and family ties.

To benefit maximally from the NEP state, a Malay needs not only to support UMNO in the general election, but also to support the right factions in UMNO elections. Family ties matters. Old boy fraternity matters. Business partnership matters.

Like in China’s one-party state, “guanxi” (connection) is an important currency for charting political and economic fortunes in UMNO.This leads to three inherent problems threatening the long-term survival of the NEP state.

First, it weakens the nation’s competitiveness with its failure in promoting meritocracy and curbing rent-seeking. Plagued by cronyism, the Malays simply cannot build up their strength to fill up the void left by the non-Malays.

Second, it replaces inter-ethnic inequality between the Malays and the non-Malays with intra-ethnic inequality within the Malays, providing the social basis for the political division of Malays.

Third, the factionalism in UMNO leads to schism at times of economic crisis, producing new parties like Tengku Razaleigh Hamzah’s Parti Semangat 46 (S46) in 1990 and Datuk Seri Anwar Ibrahim’s Parti Keadilan Nasional/Rakyat in 1999. These parties then helped bring together PAS and DAP, the two grand opposition parties with rather opposite programmes.

Combining these three factors, the NEP state has been rigorously challenged in 1990, 1999, 2008 and 2013 in the span of six elections. If Pakatan Rakyat is not broken before GE14, it would be the fifth challenge.

new-economic-model

It would be wishful thinking for anyone to think that UMNO will rule forever and Dr Mahathir can be the father of a future Prime Minister like Tun Razak. But the ending of the NEP state puts too much at stake. It does not just trouble UMNO elite and dynasties. Many ordinary Malays – middle class and working class – conditioned and convinced by the NEP state that they cannot live without it are also worried.

If more than four decades of NEP state cannot lift the Malays effectively, what will happen if the non-Malays are treated more fairly once Pakatan Rakyat comes into power? Will Malays not be worse off?

Putting the foot down that Malay-Muslims control this country hence becomes important for the Malays. The rise of Perkasa and now more powerful Isma is a reflection of this mentality. UMNO’s stern stand on the “Allah” issue can be understood in this light.

By harping on the Malays’ sense of insecurity, the ultra-right outsourced agents of UMNO’s ethno-nationalism has been successfully pushing PAS – more precisely, its conservative action – to outdo Umno in playing to the gallery.

This explains the revival of the hudud agenda and the obsession to try to ban everything from Valentine’s Day to Oktoberfest. The backlash against DAP and PKR leaders joining the fest has less to do with morality than the frustration of seeing the non-Malays’ defiance of PAS.

Hadi3If it had been driven by morality, why did PAS invite three Chinese supporters to drink cans of beers in its operation room in Wakaf Tapai in Marang (Datuk Seri Abdul Hadi Awang’s constituency) during the 2008 elections? Where were today’s protesters then?

It’s time we face the elephant in the room. Until the Malays can overcome their anxiety on how they may fare in a post-NEP Malaysia, the non-Malays will see more protests in the name of “sensitivity”. It’s time we think deep on an alternative to a flawed solution – state partiality – to a real problem – socio-economic inequality.

Part I (above)

In Praise of Dissent (Reasoned Discourse) and Freedom


October 20, 2014

In Praise of Dissent (Reasoned Discourse) and Freedom

by Azmi Sharom@www.thestar.com.my

When you allow people to express themselves peacefully and when you ensure one group does not harass another group, what you would be achieving in the long term is a peaceful society.–Azmi Sharom

Azmi Sharom 3LAST Sunday a group of people gathered at the Speakers Corner in Penang to protest against the Sedition Act. They did not get very far because a bunch of, now how shall I put this politely, unruly humans shouted abuse at them and harassed them to the point where it was impossible to continue.

Now I think these fellows who wanted to stop the gathering have just as much right as anyone else to voice their opinion. Apparently, they will defend the Sedition Act till their dying breath.

What a wonderfully dedicated lot of humans they are; so very committed, so very brave. Maybe they should get a medal.However, I would like to point out a small point regarding the right to assemble and to speak.

This is not meant for those courageous men who so fearlessly chased away a couple of tourists from Speakers Corner. I am sure their craniums are already full to overflowing with whatever it is they like to put in there and I doubt there is any room in that space between their heroic ears for any new ideas.

No, this message is for the Police. I want them to know about certain international standards regarding protests and counter-protests. I am using international standards because I am certain our men and women in blue would like to be an international-standard police force. Surely they want to be seen as one of the best police services in the world.

Anyway, back to the lesson. Everyone has the right to assemble and speak their mind on issues they think are important.Conversely, those who dislike their point of view also have a right to assemble and speak their minds.

The job of the police, nay, the duty of the Police, is to allow both groups the space with which to express them. However, when you have competing groups, the blood might rise a bit higher than normal and thus, there could be a possibility of unpleasant clashes.

This is why it is the police’s job, nay, duty, to ensure the groups are kept separate.In this way, everybody’s right to expression is upheld. It is not the Police Force’s job to pick sides. It is not their job to allow one group to chase another one away. In fact, it is the antithesis of what they are supposed to do.Now ideally I would like to have a Police Force which truly appreciates the values of a democratic country.

It would be wonderful beyond belief if they understand that when they protect the citizen’s right to speak,they are in truth protectingthe very essence of our independent nation – that is to say, a nation built upon the promise of civil liberties, Democracy and the Rule of law. But if this is too abstract a concept to be passed on, allow me to make another argument.

When you allow people to express themselves peacefully and when you ensure one group does not harass another group, what you would be achieving in the long term is a peaceful society.

Let me explain. If I am going to organise a protest and I know there will be a bunch of unruly humans who will try to break my gathering up, I could do one or two things. First, trust the Police to keep us apart.Or secondly, gather a group of people to confront the unruly humans. The second option could very easily lead to fisticuffs and a whole lot of overweight men wheezing for breath.

Wouldn’t it be better if the cops were to just do their duty and prevent such things from happening?After all, they are always going on about how important peace and security is.Besides, wheezing fat men are most unsightly.

By the way, in case the police think it is better not to let people gather at all, may I point out two things? One, it is our right to gather and to express ourselves. And  Two, if you don’t allow people to speak peacefully and if they get frustrated at the suppression of their rights, that is when people turn to unlawful means to get their message across.

Therefore, no matter how you look at it, if the Police of Malaysia are truly concerned about peace, then they have to get their act together and start behaving according to international standards of respecting everybody’s right to express themselves. Here ends the lesson.

Malaysia in the UN Security Council with high expectations


October 18, 2014

Malaysia in the UN Security Council with high expectations

by Tan Sri Hasmy Agam@www.thestar.com.my

“The challenges are high and there is much work waiting for our team, with a heavy, complex and sensitive bundle of issues to deal with.It is not simply a matter of taking our seat in the security council but being equally mindful of the high expectations, as well as the tremendous responsibility, that lies ahead for our delegates.

To meet these high expectations, it is important that both the team in New York and the support team at headquarters work together as the issues that are being dealt by the security council are now much more numerous and complex.”-Tan Sri Hasmy Agam

anifah_amanUNMY heartiest congratulations to the Government for winning a non-permanent seat on the United Nations Security Coun­cil. Also, warm commendations to the Ministry of Foreign Affairs (Wisma Putra) for its lobbying efforts that went into overdrive in the last several months, involving not only senior officials but also the Foreign Affairs Minister and often the Prime Minister himself.

The bid for a seat on the security council is always vigorously contested, but fortunately on this as well as the last occasion, Malaysia was the sole candidate for the Asian seat, again reflecting the country’s standing and respectability among the Asian countries.

Our fourth win for a security council seat after an absence of 15 years demonstrates the continued confidence and trust that the UN membership has in Malaysia.

When we ran for a security council seat for the 1999-2000 slot, a day before the voting, I was Hasmy Agamapproached by the Permanent Representative of a country with which we had problematic relations. He told me that while the relationship between our two countries was a difficult one on account of a particular issue that divided us, nevertheless, he had been instructed by his Government to vote for Malaysia because of “your country’s principled and consistent positions on international issues.” That was a high compliment from an unexpected quarter on the way we conducted our foreign policy and diplomacy.

This latest victory on our part is a clear reflection of the continued respect for and confidence in Malay­sia and, equally important, the expectations that Malaysia would be able to once again play its constructive role during its upcoming membership in the council.

Attention should now be focused on our role and responsibility as a member of the security council in the next two years ending December 31 2016, and what Malaysia intends to do or to initiate during its membership. The challenges are high and there is much work waiting for our team, with a heavy, complex and sensitive bundle of issues to deal with.It is not simply a matter of taking our seat in the security council but being equally mindful of the high expectations, as well as the tremendous responsibility, that lies ahead for our delegates.

To meet these high expectations, it is important that both the team in New York and the support team at headquarters work together as the issues that are being dealt by the security council are now much more numerous and complex.

In the past, the team in New York was left much to themselves, being the experts on the ground, but I would hope that this time around there would be greater coordination and sharing of ideas in terms of the issues that we should take a lead on, or initiatives that we would like to promote in the security council.

The issues that are dealt with by the security council relating to international peace and security are numerous, some of which have been on its agenda for years, if not decades. Quite a number of them are intractable issues that defy solution, and new ones keep coming before the security council.

Ban_Ki-moon and PM NajibAs a responsible security council member, Malaysia will have to deal with the issues in an objective and even-handed manner, and help ensure that the council remains united so as to be able to carry out its core function of maintaining international peace and security.

Issues of concern to the security council in the last few years include the increasingly complex and tumultuous political/security situation in West Asia or the Middle East.

As a security council member, Malaysia should have a clear and unambiguous position on each of these issues, based on a set of clear principles tempered, perhaps, by a certain amount of pragmatism based on national interests.

In the past, we had been able to follow a much-appreciated balanced approach. This has always been and will remain a big challenge to members of the security council, especially those who are concerned about their integrity and credibility.

I strongly endorse the suggestion made by Professor Gareth Evans, former Foreign Minister of Australia and currently Chancellor of the Australian University, that Malaysia “should initiate efforts in the security council to push for nuclear disarmament.”

Evans made this suggestion in response to a question by Bernama, at the end of a recent Forum on Nu­­clear Non-Proliferation and Disarma­ment held at the Institute of Diplo­macy and Foreign Relations.

Other equally important initiatives that could be taken up include those relating to regional peace and security, international terrorism, the situation in Palestine and the very pertinent issue of safety of civil aviation in the light of the recent tragedies that had befallen us.

It would be good if the ministry would provide opportunities for others outside of the diplomatic profession to contribute ideas in terms of the issues to be taken up, as well as strategies and approaches to be adopted.

A lot of work needs to be done in initiating anything new in the security council so as to ensure the all-important consensus, without which it would not be possible to initiate anything, given the differing national and regional interests and positions of members of the council, aside from the vested interests of the veto-wielding permanent members.

My former colleagues in the ministry, who dealt mostly with bilateral issues, used to argue very strongly that bilateral relations were the bread-and-butter of diplomacy.But in the globalised world we live in today, and as foreign policy is as extension of domestic policy, multilateral diplomacy and bilateral diplomacy are becoming intrinsically linked.

Multilateralism has evolved and has taken centrestage on many issues. Indeed, many issues that are handled at the multilateral level have become increasingly important elements of bilateral diplomacy.

There should be a good balance between the two, one reinforcing the other in the pursuit of our overall national interests. Hence the importance of developing specialised skills among our officers so that we would be in a position to play an increasingly active, even leadership role, on certain important issues at the multilateral level so that from time to time, and on issues of vital interest to the nation, the Malaysian tiger could roar out again as in the past, even as we pursue a path of moderation in the international arena.

Tan Sri Hasmy Agam is a former diplomat who served as a member of the Malaysian Delegation to the United Nations Security Council in 1989-90 and 1999-2000. The views expressed here are entirely his own.

JAWI impatient to punish Kassim Ahmad


October 18,2014

George Town, Penang

JAWI impatient to punish Kassim Ahmad

by V.Anbalagan, Assistant News Editor, The Malaysian Insider

Activist Kassim Ahmad’s trial in a shariah court on Monday (October 19, 2014) for insulting Islam and defying the religious authorities will proceed as scheduled.

Rosli Dahlan (new)Counsel Rosli Dahlan said the Kuala Lumpur High Court today dismissed his client’s application for an interim stay of the case pending the outcome of an ongoing judicial review.

Judge Datuk Asmabi Mohamad said there were no exceptional circumstances to allow the application sought by Kassim. “Civil courts cannot interfere with Shariah Court proceedings although there is a pending judicial review,” she said.

In an immediate response, Kassim said he would attend court in Putrajaya on Monday to defend himself. The 81-year-old said he was not afraid of the religious authorities.”I will make the Malaysian Islamic Development Department (Jakim) and the Federal Territories Islamic Religious Department (Jawi) regret what they have done to me,” he told The Malaysian Insider.

Rosli filed for the stay yesterday after the shariah court insisted on proceeding with Kassim’s case despite the High Court having fixed November 17 to hear the judicial review. The counsel said he was informed by a religious court official in Putrajaya on Wednesday that the Federal Territories shariah chief prosecutor and Jawi were not agreeable to an adjournment.

“The irony is that the shariah chief prosecutor and Jawi are parties to the judicial review filed by my client. I am dumbfounded why the religious court wants the matter to go on, based on the insistence of interested parties,” he had told The Malaysian Insider.

On July 24, the Court of Appeal ruled that the High Court has the jurisdiction to hear the judicial review application to challenge the shariah prosecutor’s decision to charge him.

Rosli said following the Court of Appeal’s ruling, religious authorities and the government had asked for some time to file their court papers before the High Court could hear the merit of the case.

A three-man Court of Appeal bench, chaired by Datuk Balia Yusof Wahi, in allowing Kassim’s appeal, had said the conduct of the chief prosecutor and Jawi could be scrutinised.

On July 14,Jjudge Datuk Zaleha Yusof allowed the Attorney-General’s preliminary objection against the judicial review, citing that the subject matter was within the exclusive jurisdiction of the religious court. However, Balia said a shariah criminal matter did not come within the meaning under the Federal Constitution.

“Shariah offence is only an offence against the precept of Islam,” he had said, adding that the bench was bound by a 1988 Supreme Court ruling in the case of Mamat Daud vs public prosecutor.

The bench chaired by the then Lord President Tun Salleh Abas said all offences created under state shariah enactments were for violation against precepts of Islam.

The offences include consumption of alcohol, eating and drinking in public during day time in the fasting month, and going against a fatwa by religious authorities.”It (Kassim’s) is not a criminal matter and therefore subject to judicial review,” Balia added.

Kassim had filed a leave application for judicial review on June 26 and named Minister in the PrimeKassim Ahmad Minister’s Department Datuk Seri Jamil Khir Baharom, the chief prosecutor, Jawi and the government as respondents.

He is seeking, among others, an order to strike out the chief prosecutor’s decision on March 27 to prosecute him for allegedly insulting Islam and defying the religious authorities.

He wanted his case in the Shariah Court to be suspended, pending the decision of the judicial review.Kassim also wanted all actions and decisions by Jawi enforcement officers who raided and seized his publication materials, as well as detaining him from Kedah to the Federal Territories, to be revoked.

He sought a declaration that the action by the Jawi officers and the prosecution against him was ultra vires and contravened the provisions in the Federal Constitution, Federal Territories Shariah Acts and Kedah Shariah Enactments. Kassim also sought a declaration that the offence of violating a fatwa (edict) issued in the Federal Territories only applied to Muslims in that locality. – October 17, 2014

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The Kassim Ahmad Defence Fund


October 17, 2014

George Town, Penang

The Kassim Ahmad Defence Fund: Fight Arrogance of Power and Defend Justice

by Din Merican

kassim ahmad1Kassim Ahmad Arrested in Classic Mossad Covert Style by JAWI

On  March 26, 2014, officers of the Jabatan Agama Wilayah Persekutuan (JAWI) went to the northern state of  Kedah. They stormed and broke into the house of Malay scholar and public intellectual, Kassim Ahmad and abducted him in a 5 hour van-ride to Penang and then put him on board a midnight Air Asia flight to KLIA bound for Kuala Lumpur. This was a classic Mossad covert style raid and kidnap which had to be done under the cover of darkness.

JAWI’s territorial limits is only the Federal Territory which is Kuala Lumpur and JAWI had transgressed that territorial limit. But, JAWI  was not bothered. JAWI then interrogated the 80- year old Kassim Ahmad overnight and then charged him in court the next morning for defiling Islam. By then Kassim’s wife had made her way down from Kedah to Kuala Lumur to bail him. But she was disappointed. They refused to allow her to post bail for him because they said the bailor must be a Wilayah Persekutuan resident. And because she is a Kedah resident, she did not qualify. This is one of the perverse things JAWI did. There were many more.

Kassim and RosliUpon advice from his lawyer, Kassim Ahmad filed a Judicial Review to challenge JAWI’s actions. Judicial Review is a special type of legal action where the civil High Court is empowered to review the conduct of public authorities and public bodies from acting in an illegal manner. Because it is a special type of legal suit, a person like Kassim will need a special permission (Leave) to file a Judicial Review.

In Malaysia, defiling Islam is a serious syariah criminal charge. The state of Terengganu even issued a fatwa declaring Kassim Ahmad a Murtad (Apostate). But JAWI did not do that because if it did, then JAWI cannot proceed with the Charge against an apostate as an apostate is, by definition, not a Muslim.

So, what was this serious charge about? Kassim is charged for purportedly delivering an academic lecture at the Perdana Foundation officiated by former Prime Minister Tun Dr Mahathir Mohamed. There you have it, this whole covert style prosecution is just about an academic lecture.

Most Muslims in Malaysia, including Judges, will become a bit troubled to show sympathy to anyone who is charged with defiling Islam. So, Kassim’s attempt at getting Leave was rejected because the High Court Judge, Justice Dato Zaleha Yusof, said that the civil courts do not have jurisdiction over a religious body. That seems to be a lame excuse. But never mind.

Kassim had to appeal and  the Court of Appeal agreed with him and directed the High Court to hear the Judicial Review. The Attorney-General’s Chambers then asked for more time to file affidavits for the Religious Minister, JAWI and the Syariah Prosecutor who are the Respondents in the Judicial Review. And this is where JAWI again shows its incoherent behavior as reported by Malaysian Insider and Malaysiakini. It would appear JAWI wants to bring about a collision course between the civil court and the syariah legal systems.

READ:http://www.themalaysianinsider.com/malaysia/article/religious-court-on-collision-course-with-civil-court-over-kassim-ahmads-cas

READ:http://www.malaysiakini.com/news/269747 

Syariah Courts are located in the same complex as the Court of Appeal and the Federal Court called the Palace of Justice. Anyone who has been to the Palace of Justice will admire its beauty as a Palace. But then, can this beautiful Palace also serve its main function to deliver Justice?

If the Syariah Court insist on proceeding with the syariah criminal trial against Kassim whereasAzmi Sharom 3 there is a Judicial Review pending that has been ordered by the Court of Appeal, then the Syariah Court is courting problem. I suggest the Syariah Judge should introspect if that is what he wants to do- cause a crisis.

Until then, we Malaysians can only show our displeasure to these antics by JAWI by supporting Kassim Ahmad’s cause. We can do that by contributing to his defence fund. We can create this fund to support Kassim Ahmad and all other persecutions that endanger our liberty and freedom. In supporting Kassim Ahmad and others like Azmi Shahrom, we are securing a guarantee of our fundamental liberties.

To show your support, please send your contribution to this Maybank Account No: 514011895152.