Penang to give Karpal official send-off


The Penang government will provide veteran lawmaker Karpal Singh an official send off.
The Penang government will provide veteran lawmaker Karpal Singh an official send off.

April 17, 2014

A Tribute to The Tiger of Jelutong:

Legacy of the ‘Tiger of Jelutong’ will endure

by Aimee Gulliver @www.malaysiakini.com

  • Cowards die many times before their deaths;
    The valiant never taste of death but once.
    Of all the wonders that I yet have heard,
    It seems to me most strange that men should fear;
    Seeing that death, a necessary end,
    Will come when it will come.

    • Julius Caesar Act II, scene 2, line 33.

Karpal Singh’s story may have come to an abrupt end this morning, but the author of his biography says the legacy of the ‘Tiger of Jelutong’ will endure in Malaysia, where he was a warrior in the fight for equality and justice.

image

New Zealand journalist Tim Donoghue first met Karpal in Penang in 1987 and spent nearly 30 years researching the biography he wrote on the fearless lawyer and advocate, titled “Karpal Singh – Tiger of Jelutong”, which was published in 2013.

“I’ve done a few things in journalism, but I’m particularly proud of that because this man was the ultimate scrapper, but he had a sense of humour,” Donoghue said.

“The things he had to deal with, the life and death issues that he had to deal with, he smiled his way through them all, and he helped a lot of people out along the way. There was always that great twinkle in his eyes, and you just knew that no matter what anyone was ever going to throw at that guy, he was never going to kow-tow to any man.”

Karpal and his aide Michael Cornelius Selvam Vellu, 39, were killed in a road accident about 1.10 this morning near Kampar in Perak. The former DAP chairperson’s sudden departure has shocked the nation, and elicated a flood of eulogies from both sides of the political divide.

His death comes as the 74-year-old was gearing up to appeal his recent conviction for sedition that was cross-appealed by the government, which is seeking have the wheelchair-bound politician jailed.

Karpal

“I don’t think the legal system has brought any great credit upon itself by convicting this man of sedition.“I think that is something that those in the ruling political and legal establishment of Malaysia do need to think about.”, Donoghue said.

The government’s persecution of the man who stood up and fought for human rights in Malaysia had made a martyr out of him, Donoghue said.

“Now that Karpal has gone to his death under threat of imprisonment for this sedition charge, I think he will be a great rallying point come the next election – there will be a huge groundswell of support among the opposition parties in the country.”

A long line of challenges

Karpal’s conviction for sedition was just the latest in a long line of challenges for the “Sikh warrior in legal attire”. “Back when he was 65, after the car accident, most people said he was gone. Even his best friends, with the best intentions in the world, were saying it would have been a far more merciful end if he had died at that time.”

“But the Tiger of Jelutong had a message for those who doubted him.

“He suffered a huge amount of pain as a result of that accident, but he vowed, with the help of his family, to get back out there into the realm of both politics and the law in Malaysia and to keep challenging those in power.”

“Karpal continued his work, and some of his most notable achievements came in the years following his debilitating accident”, Donoghue said.

“After his car accident, his life was totally shattered. But I do think he did his best work, both in the law and in politics, in the seven or eight years that he had after his accident. He did some amazing things in his life. “He would say to me, ‘retirement is not a word in my dictionary’. And the reason I think he hung on was as a result of the pain he suffered because of that accident.”

Donoghue said the manner of Karpal’s death could be considered a merciful release in some ways, but his family would not agree.

Backed by family, every step of the way

“Every step of the way they backed him, they fought with him, and they lifted and laid him. They fought to keep him going.” It was with the support of his family, and his devoted assistant Michael Cornelius Selvam Vellu, 39, who was also killed in this morning’s accident, that Karpal was able to continue his work after the 2005 accident.

“Michael gave his life for this man. He worked around the clock, 24 hours a day, just to support Karpal, and the whole family is very, very, grateful for the job he has done.

“Everything Karpal has done in the last few years has been with the support of (his wife) Gurmit Kaur and Michael. They’ve kept him going, really.”

When he came to Malaysia to launch Karpal’s biography in 2013, Donoghue said he could tell Karpal was extremely proud of what he had achieved in his life.

“Basically, his legacy is one of uncompromising challenge to human rights on a number of fronts throughout his 40-plus years in legal practice.

“I suppose what endeared him to me was he challenged, he challenged, he challenged – and he did it in such a way that everybody enjoyed the trip.”

Although he was an eminently patient man, Donoghue said, Karpal would occasionally get frustrated with him, and ask when the book would be completed.

“I would tell him we would finish when he gave me an ending. We had the final ending this morning, and I think Karpal Singh will go down as one of the great warriors of the Malaysian legal and political fraternities.”

“He was a man who, as long as he had breath going into his lungs, was always going to fight. And in the wake of this man’s life, the fight will go on in Malaysia.”


AIMEE GULLIVER is a New Zealand journalist interning with Malaysiakini for six weeks, courtesy of the Asia New Zealand Foundation.

ASEAN-US Security Relations Moving to a New Level


 
east-west-center-asia-pacific-bulletin
Number 256 | April 15, 2014
ANALYSIS

ASEAN-US Security Relations: Moving to a New Level

by Mary Fides Quintos and Joycee Teodoro

Chuck Hagel -The United States has just completed hosting a three-day forum with the ten ASEAN Defense Ministers in Hawai’i, fulfilling US Secretary of Defense Chuck Hagel’s invitation to his ASEAN counterparts during last year’s Shangri-La Dialogue in Singapore. The agenda of the US-ASEAN Defense Ministers’ Forum included a roundtable discussion on humanitarian assistance and disaster response (HA/DR), site visits to the National Oceanic and Atmospheric Administration’s (NOAA) Pacific Tsunami Warning Center and the USS Anchorage–an amphibious transport dock ship designed to respond to crises worldwide–and discussions on various pertinent security issues in the region.

The US-ASEAN Defense Ministers’ Forum marked the beginning of Secretary Hagel’s ten-day trip to Asia which included visits to Japan, China, and Mongolia and is his fourth official visit to the region in less than a year, all part of the ongoing US rebalance policy to Asia. This event was the first meeting that the US hosted, as previous gatherings were conducted on the sidelines of the ASEAN Defense Ministers’ Meeting (ADMM) Retreat and ASEAN Defense Ministers Meeting-Plus (ADMM-Plus) Summit.

The US-ASEAN Defense Ministers’ Forum was conducted under the ambit of the ADMM-Plus which was established in 2007 to serve as a venue for ASEAN to engage with eight dialogue partners–Australia, China, India, Japan, New Zealand, South Korea, Russia, and the United States–in promoting peace and security in the region. To date, ADMM-Plus has established five working groups for practical cooperation covering maritime security, counter-terrorism, humanitarian assistance and disaster management, peacekeeping operations, and military medicine.

This most recent meeting was held amid another wave of tensions on the Korean Peninsula and in the South China Sea. For ASEAN, a recent water cannon incident near Scarborough Shoal involving Filipino fishing vessels and Chinese Coastguard ships, the standoff at Ayungin (Second Thomas) Shoal again between the Philippines and China, and China’s naval exercises at James Shoal which is claimed by Malaysia are all issues of concern.

Indonesia’s strengthening of its military presence in the Natuna Islands which China included in its nine-dash line is another indication of the increasing insecurity and instability in the region. The meeting provided a good opportunity for informal dialogue on the overall security environment in Asia and the possible implications of developments in Ukraine for the principles of sovereignty and territorial integrity within the international order. It also served as an opportunity for the United States to reemphasize that it can be relied upon by ASEAN members in supporting the peaceful settlement of disputes in accordance with international law and in upholding the freedom of navigation and overflight in the region.

With regard to humanitarian assistance and disaster response, Typhoon Haiyan in the Philippines Hishamuddin Husseinlast year and the ongoing search for Malaysia Airlines Flight 370 has demonstrated the lack of capacity of individual ASEAN countries or ASEAN as a bloc to immediately respond to a crisis. Not disregarding the efforts made by the governments of the Philippines and Malaysia, these incidents highlighted the need for the participation of other states particularly in terms of sharing of expertise, technology, and information. The US-ASEAN Defense Ministers’ Forum explored areas where cooperation in these areas can be further strengthened. It was a reiteration of the need for multilateral cooperation in non-traditional security challenges that do not respect territorial boundaries.

The increased frequency of high-level visits by US officials to Asia, the provision of resources to its allies in the region, the reallocation of military hardware, along with ongoing military activities demonstrate that the US intent is to have a closer engagement with the region over the long term. These actions are also manifestations of the US commitment to Asia despite fiscal restraints and the looming crises in other regions where the US is also expected to be involved.

Moreover, they send a strong signal that the United States remains the region’s security guarantor regardless of doubts on its capacity to perform that role. However, the US-led hub-and-spokes alliance security model can be perceived as an act of containment against a particular country, hence the importance that bilateral alliances are supplemented by a multilateral institution that is open and inclusive such as ASEAN in shaping the regional security architecture.

The conclusion of the first US-initiated US-ASEAN Defense Ministers’ Forum highlights the growing importance of ASEAN to the United States, especially if the event becomes more institutionalized. The message is that the United States views ASEAN as a central and strategic player, not only in the US rebalance to Asia but more importantly in the building of a strong and credible regional security architecture for the Asia-Pacific.

The move by the United States to actively engage ASEAN in its rebalance also shows the maturation of ties between them. By acknowledging ASEAN as an important regional actor, the relationship between the two has clearly been elevated. This also raises a key point with regard to respecting ASEAN’s centrality in the region. Economic power and military size notwithstanding, major powers need to recognize that any credible regional security architecture must include ASEAN.

These deliberate and sustained efforts involving ASEAN in devising the region’s security architecture are clear manifestations that the United States is actively engaging more actors in the region for maintaining peace and stability. More importantly, by involving ASEAN, there is the added assurance that the region’s security environment will work under a framework that is not dominated by a single power.

ASEAN, for its part, should see changes in the regional security environment as both opportunities and challenges. While ASEAN has been successful in engaging the major powers in the region, its centrality must continuously be earned. First, it needs to maintain unity amid differences; it should not be influenced by any external actor that seeks to advance its national interests at the expense of regional interests. ASEAN members must learn how to pursue their respective interests not only through national strategies but also through regional unity.

As a community, ASEAN is expected to act as a bloc championing the group’s interests and not only those of the individual member-states. Second, there should be greater commitment to cooperation not only in HA/DR but also in other non-traditional areas of security. Non-traditional security challenges are often transnational in scope and include multiple stakeholders. ASEAN must continuously enhance regional cooperation and coordination in times of crisis, although individual countries must also develop domestic capacity to respond to security challenges.

ASEAN should start addressing this deficit now otherwise institutional mechanisms will remain only on paper. These challenges will force ASEAN to build and improve on its usual practices and move beyond its comfort zone, in the long run benefitting the bloc as it matures institutionally.

About the Authors: Ms. Mary Fides Quintos and Ms. Joycee Teodoro are both Foreign Affairs Research Specialists with the Center for International Relations and Strategic Studies at the Philippines Foreign Service Institute.

The views expressed here belong to the authors alone and do not reflect the institutional stand of the Philippines Foreign Service Institute. Ms. Quintos can be contacted at fides.quintos@gmail.com and Ms. Teodoro at joyteodoro@gmail.com.

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MH370: Is the story credible? Watch this lengthy video–30-Day Update


April 16, 2014

MH370: Is the story credible? Watch this lengthy video–30-Day Update

Presented by Lauren Moret (Part 1)

Prime Minister Najib Razak said Malaysia’s democracy is best in the world.

Prime Minister Najib Razak said Malaysia’s democracy is best in the world. If so, why are you, Mr. Prime Minister, keeping things from us, your citizens? The truth will be known eventually and you will answer for this.

http://exopolitics.blogs.com/peaceinspace/2014/04/part-1-leuren-moret-confirmed-mh370-shot-down-by-us-over-singapore-airspace-as-uk-inmarsat-leads-30-day-false-flag-psy.html

Obama and Malaysia


April 16, 2014

Obama and Malaysia

US President must walk a delicate line in a country facing increasing international criticism.

Obama-for-BERSIH2Obama for Clean and Fair Elections in Malaysia?

US President Barack Obama is expected to visit Japan, South Korea, the Philippines and Malaysia this month as part of his push to increase US diplomatic, economic and security engagement with countries in the Asia-Pacific region. But despite the relative size and strategic importance of the other countries, it is his April 27 trip to Malaysia that arguably gives the President his biggest problems.

Given the events of the past few months, Obama will visit a country that has earned some of the worst press in Asia, not only for its fumbling response to the loss of its jetliner, MH370, with 239 people aboard, but to revelations of growing racial and religious intolerance, blatant attempts to silence the Opposition through spurious legal action and bizarre charges by Prime Minister Najib Tun Razak’s own newspaper that the Central Intelligence Agency kidnapped the plane to foment trouble with China, 152 of whose citizens were aboard the missing craft.

The same newspaper, Utusan Malaysia, repeated as a real possibility speculation by former Prime Minister Mahathir Mohamad that the CIA brought down the World Trade Towers in 2001 as a plot to blame Muslims for the destruction.

anwar-ibrahim2In recent weeks, an appeals court has reversed a lower court decision against opposition leader Anwar Ibrahim, declaring him guilty of what were clearly trumped up charges of sodomy. The decision, apparently rushed forward, was designed to deny Anwar an almost certain win in a Kuala Lumpur suburban by-election that would have paved his way to becoming Chief Minister of the country’s most populous and prosperous state and would have given him a potent rhetorical platform to challenge the government.

In an equally dubious decision, Karpal Singh, chairman of the Democratic Party, the biggest in the troika of opposition parties, was declared guilty of sedition for saying a decision by the Sultan of Perak could be questioned in court.  The conviction, which is being appealed, bars him from politics. 

The international press that showed up in Kuala Lumpur after the disappearance of the airliner began asking questions that exposed a regime unaccustomed to facing independent scrutiny – questions that a kept mainstream media, all of which are owned by the political parties in power, have ignored for decades. While a vibrant opposition press exists on the Internet, the government simply ignores it or tries to neutralize its reports. Those questions include crony capitalism, gerrymandering and political repression. CNN, the major US and British newspapers and other media assailed the government as authoritarian, corrupt and befuddled.

The feeling in Washington, however, is that the cost of cancellation to the strategic relationship between the two countries would be too high. Obama reportedly is being urged to visit a Christian church while in the country to show US commitment to human and religious rights. Advocates say the President should make at least some gesture of recognition of the fact that a 50.87 percent majority of Malaysians voted against the ruling coalition in 2013 general elections at 47.38 percent but still hold only 89 of the 222 seats in parliament because of gerrymandering. It’s unsure if he will do so. There is speculation that he may just opt for a “meet and greet” and get out of town as quickly as possible to avoid international criticism for propping up a regime that is starting to assume Zimbabwean characteristics of repression and kleptocracy.

“I don’t have any problem with Obama visiting Malaysia, provided he reaches outmalott1 to Malaysians on both sides of the aisle and all sectors of society, including the Christian community, whose rights are being trampled on by their government,” said John Malott, a former career foreign service officer who served as Ambassador to Malaysia from 1996 to 1998 and who has emerged as Malaysian government’s severest western critic. “But this has to be a visit that is based on the reality of what kind of country Malaysia really is today – and not to believe the talking points that Malaysia is still a tolerant multi-racial, multi-religious, harmonious, moderate Islamic nation, an economic success story, and a role model for others. It no longer is.”

Najib visited the White House in 2011 and was given a wholehearted endorsement by the President, who said Najib has “showed great leadership, I think, not only in continuing to show great leadership not only in Malaysia’s economy but on showing leadership on a wide range of multilateral issues.”

Najib PMThe President is said to like Najib personally despite the fact that a wide range of issues have never been cleared up, going back to allegations of Najib’s personal involvement in the US$1 billion purchase of French submarines that according to French prosecutors was said to have netted US$114 million in bribes and kickbacks to the United Malays National Organization. The case is still making its way through French courts.

There is also the matter of the still controversial 2006 murder by two of Najib’s bodyguards of Mongolian translator and party girl Altantuya Shaariibuu, who according to a now-dead private detective had been Najib’s girlfriend before she was allegedly passed on to his best friend, Abdul Razak Baginda, a key figure in the purchase of the submarines. The bodyguards were acquitted on appeal despite overwhelming evidence of their guilt, raising questions about Malaysia’s legal system as well.

There have been some rude shocks. Six months ago, in the run-up to his previous delayed visit to the region, the US President hailed Malaysia as an “an example of a dynamic economy” and praised its multi-ethnic, moderate Muslim-dominated society only to see just three days later a court decision ordering Christians not to use the word “Allah” when referring to God, making it the only Islamic country in the world to do so.

After that, the government ordered the confiscation of Malay-language Bibles containing the word – but only in Peninsular Malaysia. Christians using Malay-language Bibles in East Malaysia were allowed to keep them. That is because most of the Christians are tribes indigenous to Borneo that are aligned with the ruling party. In Peninsular Malaysia, they form the bulk of the Opposition.

“So the issue is — how can you talk about establishing a ‘strategic partnership’ with such a government?” Malott asked. “Maybe that is what will have to be downplayed or even canned for this visit. To me, the idea of a declaring a strategic partnership with a government whose faults have now been revealed to the world, day after day, seems politically unwise.”

Malott also questioned what strategic benefits the US can obtain from Malaysia.“What strategic value does Malaysia have that it warrants America to hold its nose and ignore the trampling of democracy and political freedom, not to mention the corruption and cronyism that hurt American business interests there?” he asked. “And with Mahathir, the great anti-American, increasingly calling the political shots and Najib’s popularity the lowest of any Prime Minister in polling history, will a ‘strategic partnership’ with the US survive Najib’s departure?”

ESSCOM: Another Dysfunctional Security Set-Up


April 16, 2013

ESSCOM: Another Dysfunctional Security Set-Up

by Aidila Razak and Hafiz Yatim @www.malaysiakini.com

The Eastern Sabah Security Command (Esscom) leads to a duplication of work, said a former Sabah Police Chief.

However, Dato’ Ramli Yusuff, who was Police Chief from 2002 to 2004, refused to comment on whether Esscom should be scrapped, saying that it was a policy issue.

On the same note, Ramli said, Esscom should be headed by the state Police Chief to avoid duplication of the chain of command and ensure a better grip on security operational matters.

“I have studied the area well and I think Esscom, or whatever you want to call it, should be headed by the Police or Army. But I prefer the police because this is an internal (security) matter..,” Ramli told Malaysiakini in an interview.

“This is my personal opinion, but (current Esscom Chief) Mohammad Mentek is from the Immigration Department and he doesn’t know operational matters,” he added.

Ramli, who headed Ops Nyah which saw the deportation of more than 100,000 illegal immigrants from Sabah during his time, said Esscom creates a conflicting chain of command.

“I don’t know… they may have their own standard operating procedures. But to me, as the ex-Police Commissioner, I think it is ridiculous. It is better to increase the assets of the local Police or Army for that matter… These things should be coordinated already,” he added.

Commenting on the recent kidnapping of two women from a resort off Semporna, Ramli said if the Police were in charge, no time would have been wasted. Instead there was “pushing (bertolak-tolak)” between Esscom and the Police to figure out whose jurisdiction the kidnap fell under.

Ramli said when he was Police Chief, there were no incursions or kidnappings because coordination was tight among all enforcement agencies, including the Army.

In fact, he said, he “wiped out” a gang of kidnappers from Sarawak with help from the intelligence and operations teams from Bukit Aman, with which he had worked before.

As Police Chief, Ramli said, he would advise the Chief Minister on security issues and coordinate everything with the Navy, Air Force, Army, volunteer corps (Rela), and Immigration and Customs departments. “I advise politicians, I don’t listen to politicians,” he added.

Visit Malaysia Year without security?

Ramli said the Army and Police shared their assets throughout Sabah, and compared notes on intelligence which he insisted is the most crucial aspect of security operations.

Special attention was also given to tourist areas where more personnel were deployed at outposts and for patrols.

“(The kidnappers) are clever, and they have phones. They will try to invade but if you put your people there, they won’t take it lightly. All our boys were there.

“Security must be in place, especially if you want to have Visit Malaysia Year. Or else who will come?… It doesn’t matter (how long the border is). If it happens in your district you have to know,” he said, adding that ground intelligence should be water tight in “red zones”.

Based on his experience, Ramli said “there is no way” such kidnappings and incursions can take place because the state and security personnel have already identified these “red zones”.

“So I cannot understand why Esscom cannot (handle) this… These are the areas we used to take care of before and we beefed up (security) in all these areas.

“If only the Police and Army can sit down and work together again, it will be very good. We worked based on information on the ground. Now I believe they have many platoons… There is no reason for such things to happen,” Ramli added.

April 16, 2014

Ramli: I’d have hit Sabah intruders fast and hard

by Aidila Razak and Hafiz Yatim

http://www.malaysiakini.com

INTERVIEW: The Lahad Datu incursion last year remains a black mark in the nation’s history but former Sabah Police Chief  Dato’ Ramli Yusuff said if he was at the helm during the crisis, he would have wasted no time hitting the foreign intruders quick and hard.

Ramli, born in a leap year 62 years ago, said if he was in charge, he would never allow armed invaders to prevail.

“I would straight away (have my men) kill them. No negotiations in matters of security – if it is confirmed they are armed intruders, we whack them.I do not negotiate,” he said, when asked how he would react to that armed incursion.

The former senior Police officer, who rose to number three in the Police Force before his retirement, added that there was no compromise when it comes to the country’s sovereignty.

In last year’s armed incursion, the authorities moved in on the Sulu invaders on March 1, after the intruders had holed up at Kampung Tanduo in Lahad Datu for almost three weeks.

“As far I am concerned, when it comes to internal security, the Commissioner of Police of Sabah is in charge of operations, as he looks after the security of the state.”

Ramli was Sabah Police Chief from 2001 to 2004, and prior to that he had served as the Bukit Aman Criminal Investigation Department (CID) deputy director for seven years from 1994. He later progressed to become Pahang chief police office (CPO) and later Commercial Crimes Investigation Department (CCID) Director.

As Sabah Police Chief, Ramli said he took three months in 2001 to clear the illegal settlements during the state-wide Ops Nyah II in all 20 Police districts.

He said the Police worked with intelligence gathered from the ground in identifying which houses held the illegals and acted against them.

Within three months, thousands of squatter areas were cleaned and demolished from Pulau Gaya, Sandakan, Lahad Datu, Kudat, Marudu, Beluran, Kinabatangan, and Semporna, said the former Sabah CPO, showing aerial pictures of the clampdown on the settlers.

“During that time, the Police, Army, Rela, Immigration, and marines were with us in mounting the operation and moving into the villages, where many had weapons. If the Police were to move on their own, it would be dangerous. In some of the places, it was like moving into fortresses as they were well armed.

“When we moved in, we documented the illegal immigrants by taking their photographs and fingerprints. This was to make sure that they did not come back illegally, with false papers and passports with new names. We warned employers that if they wanted to hire them, to do it legally.”

Death threats

Ramli said biometric documentation was done when he was Sabah Police Chief and the Police would keep a copy while another was handed to the Immigration Department to deter the illegals from coming back. If they returned and were caught, they would immediately be deported.

“All in all, we sent back hundreds of thousands of illegal immigrants and we charged another 100,000 who did not have documents. The courts were packed with these cases,” he said. Ramli added that if the illegal immigrants surrendered willingly, the Police would deport them without them being charged.

As a result of his stern actions, Ramli revealed he received death threats, and showed an article from the New Sabah Times on this (right).

“They dared to call my office to threaten me. But that did not deter me. I continued to hit them harder. I suspect it was foreigners or illegal immigrants who had called following the arrest of their relatives.”

He said as a result of the strong action taken against the illegal settlers during his time, crime went down by 30 percent in Sabah in 2002.

“The illegals were drug addicts, drug pushers, criminals. They were a major cause of crime. When we hit them hard and sent them away, crime rates immediately dropped,” he said with quiet pride.

Once a Upon Time: Malaysia was known for its Institutions


April 15, 2014

Once a Upon Time: Malaysia was known for its Institutions

Commentary

by The Malaysian Insider (http://www.themalaysianinsider.com)

There was a time when Malaysia was known for its institutions – a civil service that facilitated rapid development from an agrarian economy to an industrialised one, a judiciary that was held in high esteem of the Commonwealth, and a military that defeated a communist insurgency.

Today, more than 50 years as a nation spanning from Perlis to Sabah, we see ineptitude and incompetency, a complete meltdown of Malaysian institutions.

Gani PatailThe Attorney-General now farms out cases to an UMNO lawyer; the Inspector-General of Police (IGP) leads an organisation which does not act when a High Court rules; the Department of Civil Aviation (DCA) suffers a credibility deficit; and the Air Force has not covered itself with any glory.

So who do Malaysians turn to in time of need? Not any of the above, it appears. Sad but true. The saga of Malaysia Airlines flight MH370, which disappeared with 239 people on board on March 8, has confirmed what Malaysians have suspected for a long time. That there is not much meritocracy and thinking going on in the civil service.

The authorities, from the Minister downwards, have yet to explain what happened in the crucial hours after MH370 was found missing. A CNN and BBC television report yesterday showed Defence Minister and Acting Transport Minister Datuk Seri Hishammuddin Hussein avoiding the question.

Tiga AbdulTiga Abdul (Abdul Muhyuddin, Abdul Najib, Abdul Hisham)

Can the civil aviation sector trust the DCA to do the right thing immediately after a flight vanishes from the radar screens? Why wasn’t the Air Force told that a jet was missing? Why wasn’t plane maker Boeing told immediately? Why didn’t the air traffic control respond to their Vietnamese counterparts when told that there was no contact with the Boeing 777-200ER that was on its way to Beijing?

Why the silence?

These days, Malaysia just has bad jokes passing off as the Civil Service, Police Force, Military and the Public Prosecutor. This is the meltdown of institutions that had shaped the country from its formative years to the Asian tiger that it once was.

The Royal Malaysian Air Force (RMAF) also has to explain how it defends the Chief of the RMAF, Rodzali Daudcountry’s airspace throughout the day. Yes, we have brave men and women in uniform keeping watch but a mysterious blip on the radar moving east to west was left unmolested.

Not even hailed by radio, let alone scrambling jets to check on the blip. Or even to ask the DCA and air traffic control if they were also seeing the blip.Does the RMAF have fighter jets on standby? How many can fly these days apart from those used for parades, air shows and F1 races?

The IGP has decided to play marriage counsellor to a divorced couple rather than enforce the law after the ex-husband forcibly took away his son from the ex-wife’s legal custody. Does the IGP or anyone else in the police force know the law and the offence that was committed, or do they assume there is a conflict in the civil and Shariah law that they cannot take any action?

Can anyone cite religion and get away with a crime? How can people trust the Khalid Abu Bakarpolice to enforce the law passed by lawmakers elected by the people?

Where is the Attorney-General in all of this? Is it more important for him to go to London to figure out who will have custody of the MH370 black box, once found, rather than stay back in the country and decide on whether to prosecute or take action against a man for abducting his child from his ex-wife’s legal custody?

Or just outsource some jobs to an UMNO lawyer – from defending the Registrar of Societies (RoS) in a judicial review brought by the  DAP to prosecuting Opposition leader Datuk Seri Anwar Ibrahim in his sodomy appeal. Is the Attorney-General’s decision to outsource some work a tacit confirmation and acknowledgment that there is no talent left in the A-G Chambers to do the work?

And is there any talent also left in the Civil Service, Police Force and Military? Malaysia’s Civil Service was the envy of many – from working on poverty eradication and affirmative action policies to industrialisation and a respected Judiciary and prosecution. They did more with fewer resources and lesser people then. But they had quality talent back then.

These days, Malaysia just has bad jokes passing off as the Civil Service, Police Force, Military and the Public Prosecutor. This is the meltdown of institutions that had shaped the country from its formative years to the Asian tiger that it once was.

It might take a generation to possibly set things right with these institutions. Or is that just a hope that is fading as fast as the chance of hearing another ping in the southern Indian Ocean?

 

Malaysia gets top prize for football match fixing


April 14, 2014

http://www.freemalaysiatoday.com

Bolehland (Malaysia) gets top prize for football match fixing

 by Nicolas Anil

PETALING JAYA: “If there was a gold medal for football match fixing, Malaysia would win it.”

Declan Hill's bookThis is the damning verdict of Declan Hill, the Canadian journalist and academic who has been called the world’s foremost expert on match fixing and whose book, The Fix: Soccer and Organized Crime, is an international bestseller.

Hill has testified on the issue before the International Olympic Committee (IOC), the British and European Parliaments as well as the integrity units of the European Union of Football Associations. He has hard facts to back his claims.

Indeed Malaysian football has become synonymous with match fixing since 1994, when 21 players and coaches were sacked, 58 players suspended and 126 players questioned over corruption.

Two decades on, little has changed. In 2012, the Malaysian Football Association (FAM) suspended 18 President Cup players and banned a former Negeri Sembilan coach for life after they were found guilty of fixing matches.

Last year, five Kuala Lumpur players and three officials were slapped with life bans FBL-GERMANY-CANADA-CORRUPTION-HILLand 17 others were fined after FAM found them guilty on match fixing charges. A few months before that scandal, the Perak FA suspended its entire team for two weeks on suspicion of match fixing after they lost heavily in several matches.

In fact, according to Hill (right), match fixing has been spreading like cancer since the 1994 disgrace.“Malaysian match-fixers were not stopped in 1994,” he said recently. “They decided to keep local fixing under the radar and spread their activities throughout the world [instead], where the profit was much more lucrative.

“In 1994, we barely had the Internet. There was hardly any live coverage of European football and this was a massive change in Malaysian and Singaporean society. And so, gradually, Malaysians identified something that the rest of the world was just waking up to, which was globalisation.

“These people were really intelligent businessmen. They started to send their people around the world, proposing deals to dubious players, coaches and team owners to fix the games in their leagues.

Irresistible deals

“These Malaysians would propose the following to local fixers: ‘You fix the local game, and we’ll fix it on the Asian gambling market.’

“These deals were simply irresistible. They could make 10 times the profit because there was demand for it on the Asian gambling market. Now, suddenly, you have a second division game in Italy that could generate around a hundred thousand Euros.

“With this kind of money, more people could be bought and so it became a pattern. Malaysians have certainly become a household name on the match fixing market, having traces in Greece, Czech Republic, Slovakia, Bulgaria, Belgium, Italy and Germany.”

Hill has a suggestion on how to stifle Malaysian match fixers.“A special, independent unit needs to be formed to crack and clean this phenomenon,” he said.

Kj“Pressure must be put on the Malaysian officials, and pressure has to come from men like me.There is an expectation of corruption in Malaysian football amongst the fans, players, coaches and officials, because there is a bigger fish involved in this.So that is why an elite task force has to be formed, and they must have the guts to go after these fixers.”

Hill said that if Malaysia did not act soon, there would be ramifications that could damage the nation’s prestige.

“As I have testified before various Parliaments, we have to tell the IOC that if Malaysia doesn’t clean up this problem, they will be banned from international sports. Not being able to participate in the Olympics, for instance, would be a damaging blow to the country’s pride. So it may be just be the tonic for them to get down to the root of this problem.”

It is certainly hard to argue with Hill when Malaysian football keeps making the headlines for all the wrong reasons. Perhaps it is time for the Police and the Malaysian Anti-Corruption Commission to sit down and brainstorm a way to kill this cancer.

Nicolas Anil is a sub-editor with Sports247.

A-G Gani Patail is not above the Law


April 11, 2014

A-G Gani Patail loses to Rosli Dahlan: NO ONE IS ABOVE THE LAW

by Din Merican

mh370-hishammuddinWilliam Pesek, a prominent Bloomberg columnist, wrote recently that the global outcry over the loss of flight MH370 has highlighted the country’s deepest flaws of incompetent people running the country.

The Fumbling Team of MH370

“The fumbling exposed an elite that’s never really had to face questioning from its people, never mind the rest of the world. The country needs nothing less than a political revolution,” said Pesek. And I agree. Nothing will change until the present political elite is made to pay for their ineptitude, incompetence and crooked ways by Malaysian voters.

At the international level, our political leaders will have to take the blame. At the national level, we are facing a crisis of our public institutions being headed by not just mediocre and incompetent people but also characters who are downright dishonest and who abuse the system with impunity– the rogues in government.

Rosli Dahlan wins against A-G Patail

Vazeer, a former practising lawyer before being made a judge, said he agreed that deliberate abuse of power by those holding a public office was misfeasance in public office.

Vazeer, a former practising lawyer before being made a judge, said he agreed that deliberate abuse of power by those holding a public office was misfeasance in public office.

That brings me to the news reports of this morning that my young friend, Lawyer Rosli Dahlan, has again won another case against A-G Gani Patail. For my readers’ convenience I have reproduced only the MKini report by Hafiz Yatim (below) that provides interesting links on this story that never ceases to inspire me.

Back in Time–To the Eve of Hari Raya (Aidil Fitr), 2007

It’s a sad story of how on the eve of Hari Raya 2007, Lawyer Rosli Dahlan (right) wasR Dahlan brutally arrested in his office in full view of his staff by the ACA (now MACC). He was then charged in a most sensational manner to deceive the public into believing that Rosli had hidden illegitimate assets belonging to the Director of Commercial Crimes, Dato Ramli Yusuff, in another sensational story fanned by the media dubbed as the “The RM 27 million Cop”.

All this was part of a conspiracy to eliminate Dato Ramli from the PDRM as Dato Ramli posed a threat to then IGP Musa Hassan and A-G Gani Patail. Rosli was made a victim because he dared to defend Dato Ramli despite warnings having been sent to him. Since then, Musa‘s former ADC had sworn a Statutory Declaration to expose IGP Musa Hassan’s links with the underworld.

A lot more was also disclosed about A-G Gani Patail’s association with shady corporate figures like the one in the Ho Hup Affair. The Internet was also abuzz with stories about how A-G Gani Patail went to Haj and had his son to share a room with a shady former Police Inspector who was once charged for corruption, Shahidan Shafie, a proxy of former MAS Chairman Tan Sri Tajudin Ramli.

Tajuddin Ramli and the MAS saga was among the many failures of Dr Mahathir’s Bumiputra corporate advancement project which culminated with MH370 disaster. The latest episode could sink MAS without tax-payers bailout forthcoming .

Tajuddin Ramli and the MAS saga was among the many failures of Dr Mahathir’s Bumiputra corporate advancement project which culminated with MH370 disaster. The latest episode could sink MAS without tax-payers bailout forthcoming .

That explains why A-G Gani never charged Tajudin Ramli for the losses of RM 8 billion that MAS suffered despite recommendations by Dato Ramli Yusuff. Dato Mat Zain Ibrahim, former KL OCCI also swore SDs about A-G Gani Patail throwing away the Batu Putih case for pecuniary gains.

Ramli YusuffYet Gani Patail remains as the A-G of Malaysia, leading many to speculate that he has a grip on PM Najib Razak because of Razak Baginda’s acquittal in the murder of the Mongolian beauty, Altantuya Shariibu. In that case, the A-G did not appeal against Razak Baginda’s acquittal.

On the other hand, the A-G has pursued criminal appeals against certain people like Lawyer Rosli Dahlan and Dato Ramli Yusuff (left). In the PKFZ case, A-G Gani Patail charged and appealed against the acquittal of Tun Ling Liong Sik which led to Tun Lingcalling him – “ That Stupid Fella”.

Back to Rosli’s case. Lawyer Rosli, he has fought a long and lonely battle, winning his acquittal and then suing every one of the mainstream media for defaming him – Utusan Malaysia, The Star and the NST, and winning against them one by one very patiently.

On April 15, 2008, Utusan Malaysia published a public apology admitting their wrongdoings and acknowledged that the Utusan Malaysia’s article “was written and published in a sensational manner to generate publicity which exceeded the parameters of ethical journalism surrounding the investigation of YDH Dato’ Pahlawan Haji Ramli Haji Yusuf who at that time held the post of Director of the Commercial Crime Investigation Department of Police DiRaja Malaysia.”

Utusan's Apology

On January 15, 2013, the Star paid damages and admitted to its wrongdoings in a published public apology.

The Star's Apology

On October 18, 2013, the KL High Court found the NST and the MACC guilty of defaming Rosli and ordered them to pay damages of RM 300,000 and costs. This made history as it was the first time that the MACC was sued by a person and the MACC lost and had to pay damages.

Last year Rosli sued A-G Gani Patail, MACC Chief Commissioner Tan Sri Abu Kassim and several other MACC officers for conspiracy, false and malicious investigation, abuse of power, abuse of prosecutorial discretion, malicious prosecution, prosecutorial misconduct and public misfeasance.

Read the MKini report below and you will discover that A-G Gani Patail had engaged Tan Sri Cecil Abraham , a senior private lawyer from Messrs ZulRafique & Partners (an UMNO law firm) to defend him, the A-G Chambers (A-GC) and the MACC.

I find that surprising since I am told that the A-GC has over 800 lawyers, making the A-GC the “largest law firm” in the country. By contrast, I am told that the largest private law firm in the country has a maximum of 140 lawyers.

 Putrajaya needs to review its policies as it can't afford to spend taxpayers' money on the AG's own legal problem.


Putrajaya needs to review its policies as it can’t afford to spend taxpayers’ money on the AG’s own legal problem.

That means the Government of Malaysia spends millions of ringgit to staff the A-GC in order to defend the government. Yet when the Government is sued, A-G Gani Patail engages private lawyers. Does that makes sense to you?

Is A-G Gani Patail admitting that he is not confident of the A-GC, which he heads, to defend him and the government in the face of the law suit by Lawyer Rosli Dahlan? Is A-G Gani Patail admitting that the A-GC is incompetent? Was that why Tan Sri Shafee Abdullah was asked to be an ad hoc DPP to prosecute the appeal against Dato Seri Anwar Ibrahim? Or is there is a commercial logic to that? Is A-G Gani Patail outsourcing legal work to his friends in the private sector to reward them for covering up for his misconduct and incompetence?

Cecil Abraham sits in the MACC’s Operations Review Panel.

Cecil Abraham sits in the MACC’s Operations Review Panel.

I had a chat with Tan Sri Robert Phang who has always been critical of A-G Gani Patail. He told me a more worrisome story. Robert Phang questioned whether Tan Sri Cecil Abraham (right) is a fit to lawyer to defend the A-G because Cecil Abraham sits in the MACC’s Operations Review Panel, which advises on oversights in the MACC. One of the committee’s functions is to ensure that the MACC and other government agencies do not commit abuses. It is like an Ombudsman. If so, how can Cecil Abraham defend A-G Gani Patail and the other MACC officers whom Rosli has accused of fixing him? Is that not a conflict of interest?

Other lawyers tell me that Cecil Abraham is the senior lawyer implicated in the PI Bala SD case over the Altantuya murder. I am stunned by all these revelations. It seems that all the committees and advisory panels in the MACC and other government agencies are to cover up for their wrongdoings rather than to expose and correct them. No wonder our country is headed for doom !

Americk Sidhu, PI Bala's lawyer makes a startling revelation at the Bar AGM that Cecil Abraham confided in him that he prepared the 2nd SD on instructions from Najib.

Americk Sidhu, PI Bala’s lawyer makes a startling revelation at the Bar AGM that Cecil Abraham confided in him that he prepared the 2nd SD on instructions from Najib.

I am told that Rosli’s Statement of Claim against A-G Gani Patail contains very damning revelations about A-G’s misconduct. I am told that with every victory that Rosli gained against A-G Gani Patail, more and more civil servants and people are coming up to him to offer assistance and being more willing to be witnesses in his cases. This was unlike before when many were afraid to be associated with him.

Is that why AG Gani Patail does not want to go to trial and employ all kinds of delaying tactics in Rosli’s suit against him. Is that why A-G Gani Patail engaged Tan Sri Cecil Abraham to strike out Rosli’s suit? Otherwise, why is A-G Gani Patail so afraid to go to trial in Rosli’s case?

But now that Tan Sri Cecil has lost this striking out application and the A-G is ordered to pay cost to Rosli, who is going to bear this cost? Should taxpayer’s money be used to pay for the misconduct of these rogues in government? If we taxpayers have to bear this cost, then A-G Gani Patail and the likes of him will never be repentant. There will never be accountability!

In my view, A-G Gani Patail must bear the full costs of his misconduct. He must be held accountable and he must pay the legal fees charged by his friend Tan Sri Cecil Abraham. I am also of the view that the MACC should sack Cecil Abraham from being on its Advisory Panel. Cecil Abraham cannot sit there to pretend that he is acting as a check and balance against the MACC’s misconducts whereas he is also covering up for the MACC when the MACC is sued by Rosli, and getting well paid by the Government using tax payer’s money!

Conflict of Interest

The conflict of interest is so clear and it is appalling that a senior titled lawyer like Tan Sri Cecil Abraham cannot see that. I also feel that the Bar Council should not stand idle arms akimbo with this revelation. The Bar Council should subject Cecil Abraham to disciplinary proceedings for breaching such common sense rule on conflict of interests. Cecil has dishonored the Bar and the Council must act against him!

Well Done, JC Wazeer Alam Mydin 

In that regard, I must congratulate Judicial Commissioner Wazeer Alam Mydin for having a fair sense justice in not allowing A-G Gani Patail to strike out Rosli ‘s claim. A judicial Commissioner is basically a probationary judge. For a probationary Judge to do this means JC Wazeer is indeed a brave man who would not tolerate public authorities who commit abuses and then claim immunity. It is indeed a brave probationary judge to stand up to the A-G and tell it to the A-G’s face that the A-G is not above the law.

The winds of change is blowing and judges like JC Wazeer Alam will be a credit to the judiciary. JC Wazeer Alam is indeed a brave man to make this iconic statement:

“The claim by AG of his absolute public and prosecutorial immunity is an anathema to modern democratic society.”

======================================================

April 11, 2014

A-G not immune to legal action, rules Judge

by Hafiz Yatim@www.malaysiakini.com

The Attorney-General is not immune to legal action, the High Court in Kuala Lumpur ruled today.

Judicial Commissioner Vazeer Alam Mydin Meera said this in dismissing Attorney-general Abdul Gani Patail’s application to strike out the suits by former Commercial Crime Investigation Department director Ramli Yusuff and his lawyer Rosli Dahlan.

Public authorities who abused their powers have been "insulated" from prosecution for "far too long" by using the Public Authorities Protection Act.

Public authorities who abused their powers have been “insulated” from accountability  for “far too long” by using the Public Authorities Protection Act.

“I am afraid that the notion of absolute immunity for a public servant, even when mala fide or abuse of power in the exercise of their prosecutorial power is alleged in the pleadings, is anathema to modern day notions of accountability.

“I agree that deliberate abuse of power by a person holding a public office is tortious and is referred to as misfeasance in public office.

“Such a tortious act can arise when an officer actuated by malice, for example, by personal spite or a desire to injure for improper reasons, abuses his power,” Vazeer Alam said.

“This is keeping with developments in modern jurisprudence that absolute immunity for public servants has no place in a progressive democratic society,” the judge added. The A-G and two other officers from the A-G’s Chambers were named in the respective suits filed by Ramli Yusuff and Rosli Dahlan.

They had sought to strike out the suits on the grounds that they should be immune to such action in carrying out their prosecution powers. Ramli had filed a RM128.5 million suit against A-G Gani, former IGP Musa Hassan and several Malaysian Anti-Corruption Commission officers.

Rosli had filed a separate suit amounting to RM48 million against the same parties.The two are suing them for abuse of power, malfeasance in the performance of public duty, malicious prosecution and prosecutorial misconduct, among others.

Suits not filed out of time

Judicial Commissioner Vazeer Alam also ruled that the two suits for malicious prosecution were not filed out of time as this cause of action accrued upon the determination of the final appeal. He said that the court could not consider the period to be when Ramli or Rosli  were acquitted, as there were subsequent appeals against the acquittals made after this.

“As with Ramli’s case, the appeals lodged by the public prosecutor were dismissed in June and in November 2011. Therefore the filing of the action on Nov 1 last year is well within the time stipulated in Section 2 of the Public Authority Protection Act,” the  ruled,

Vazeer Alam also allowed the two to name the MACC in their legal action, since the MACC took over from the Anti-Corruption Agency.

Ramli had sued the defendants for their claim that he was the policeman in the Copgate affair and that he had RM27 million in assets.

Subsequently, Ramli was charged with the non-disclosure of some of his assets and the case against him was thrown out. Ramli’s lawyer friend Rosli was also hauled up as a result of this.

Ramli, who was a former state Police Chief for Pahang and Sabah, said in his statement of claim that his relationship with Gani soured in 2006.

This was after he met then Prime Minister Abdullah Ahmad Badawi and recommended that former Malaysia Airlines chairperson Tajudin Ramli be prosecuted for the severe losses suffered by the company.

“But the A-G decided not to prosecute Tajudin. I even told the PM then that if the AG was reluctant to prosecute Tajudin, the CCID would have the necessary resources to conduct the prosecution.

“This earned me Gani’s permanent displeasure…” Ramli said in his statement of claim.

‘A brave decision’

After today’s court session, Ramli commended the judge for his brave decision. “I am not doing this for Ramli Yusuff but for the Police Force, some of whom have been victimised as a result of this. And I am also doing this for the serving government officers who have also been victimised.

“I am also seeking closure to an event that has affected my possible career advancement,” he said.

The RM27 million investigations had hindered his promotion to be the Inspector-General of Police, he added. This post was subsequently handed over to Musa Hassan.

Rosli, on commending today’s High Court decision, said abuses by the public authority have for too long been insulated by invoking the Public Authority Protection Act.

“Today, a brave judge has declared that absolute prosecutorial immunity is  anathema to the modern concept of democracy. This is to remind the public authorities that no one is above the law,” Rosli said.

Several Police Officers under Ramli’s charge have also been prosecuted as a result of the Copgate affair and all of them have acquitted and have been reinstated to their posts during former IGP Ismail Omar’s tenure.

Ramli was represented by Harvinderjit Singh, while Chethan Jethwani and Darvindeer Kaur appeared for Rosli. Senior lawyer Tan Sri Cecil Abraham, Rishwant Singh and Senior federal counsel Dato Amarjeet Singh represented the defendants.

Vazeer fixed June 18 for case management to possibly fix trial dates for the hearing.

Utusan’s claims of US role in MH370 disappearance aren’t the paper’s first wild charges


April 9, 2014

Utusan’s claims of US role in MH370 disappearance aren’t the paper’s first wild charges

Written by Our Correspondent, TUE,08 APRIL 2014

http://www.asiasentinel.com/politics/govt-backed-malaysian-newspaper-crosses-line-cia-charges/

utusan-online

Utusan Malaysia, the Kuala Lumpur-based Malay-language broadsheet newspaper that Sunday accused the CIA of having a hand in the disappearance of Malaysia Airlines Flight 370, has a long history of heated invective as the attack dog for its owner, the United Malays National Organization (UMNO), the country’s biggest political party.

NAJIB_RAZAK_091213_TMINAJJUA_05_540_360_100It is a publication that could be simply dismissed because of its often-irresponsible diatribes. But presumably it is the mouthpiece for Prime Minister Najib Tun Razak, the Party President. And from his standpoint, the story had to be an utter disaster.  US President Barack Obama is due to visit Malaysia sometime over the next few weeks, a visit that Najib, whose popularity is fading, needs to prop him up.

There has been no public reaction in the United States. However, certainly Washington would be less than amused by the story, which accused the US of engineering the plane’s disappearance in order to disturb the growing relationship between Malaysia and China.  One source close to the government last week told Asia Sentinel the US has been instrumental in helping Malaysia behind the scenes, providing technological and forensic help from the National Transportation Safety Board, the Federal Bureau of Investigation and other organizations in the search for the missing Boeing 777-200, which disappeared on March 8 into the Indian Ocean.

The paper targets a domestic audience and has traditionally felt it could indulge in any necessary rhetoric to help preserve loyalty to the party.  However, over the past three to four years, it has veered into strident invective. In 2011, the company drove senior journalist Hata Wahari, then the president of the National Union of Journalists, out of the paper after he complained about its agenda and urged it to go back to its traditional role of presenting unbiased news to the public. 

Now, it is reaping more unfavorable publicity and runs the danger of once again affecting international relations because of the perception that is has official standing.  But Najib, according to one senior source close to the party, has lost control of the Board of Directors and the editors and has been unable to rein them in despite the fact that his own press secretary sits on the board.

Earlier, the newspaper accused Indonesia of conspiring with the United States to hide the missing airliner after radar communication was lost over the gulf of Thailand.  The Indonesian online news portal Merdeka.com quoted the senior officer for foreign affairs at Indonesia’s Defense Ministry, Sumardi Brotodiningrat, as saying the allegation was “funny” and that his country was already doing its best to assist Kuala Lumpur in the search.

Najib already faces strained relations with the United States over the conviction on Anwar-Kajangappeal of Opposition Leader Anwar Ibrahim, a favorite of many US politicians and financier George Soros, among others, on what were obviously trumped up charges of sodomy. According to several sources including the purported victim’s father, the charges were cooked up in the prime minister’s office.  The country is also facing criticism over confiscation of Christian bibles that use the word “Allah” to denote God and other issues.

US officials have had a habit of publicly observing diplomatic niceties in dealing with Kuala Lumpur and it is uncertain what kind of conversation Obama is going to have with the Malaysian premier.  

Najib has repeatedly gone to the US – and the White House – and to the United Nations to characterize Malaysia as a moderate Muslim nation only to take no action against growing religious extremism on the part of Malay nationalists ‑ much to the distress of the country’s other races.

Utusan Malaysia has been at the forefront of racial attacks on ethnic Chinese and Indians. In 2012, a columnist called former Indonesian President B J Habibie a traitor and a “dog of imperialism” for meeting with Anwar. Indonesian President Susilo Bambang Yudhoyono said the comments were unethical and overstepped the bounds of decorum, adding that they had jeopardized relations between the two countries.

However, Utusan’s vitriol is usually reserved for members of the opposition and for Christians. In 2011, for instance, the newspaper printed allegations that Christian pastors were seeking to install a Christian prime minister who would change the country’s official religion from Islam.

The story was ridiculous on its face. Muslims make up at least 60 percent of the population. Some Chinese are Christians, others are Buddhists.  Islam is the country’s official religion, enshrined in the constitution although other religions are guaranteed freedom to exist. Any attempt to change the status of Islam would result in a racial conflagration.

In the current flap, according to a translation by the website Malaysian Insider, assistant editor Ku Seman Ku Hussein said it was time “to think outside the box” about the tragedy to Malaysia and world aviation, repeating baseless allegations that the US had also engineered the 9/11 attacks by Al Qaeda.

“If the CIA could arrange for the attack on the World Trade Center in New York on September 11, 2001, it is not improbable to link MH370 with the intelligence agency,” he wrote, referring to speculation on the involvement of American intelligence in the 9/11 attacks.

“What if the MH370 tragedy had been arranged by certain parties to put Malaysia’s relationship with China in jeopardy?” Ku Seman asked in an opinion piece in the paper’s weekend edition, Mingguan Malaysia.

“The September 11 conspiracy which had been previously treated as nonsense was now a fact, and Putrajaya must look at it from a different point of view.” Ku Seman wrote.

Attracting Malaysian Talent Home is tough for Johan Merican


April 9, 2014

Malaysia struggles to woo Malaysian experts home due to ‘better life’ abroad–A Tough Job for Johan Merican

 by MD Izwan (04-08-14) @www.themalaysianinsider.com

TalentCorp CEO Johan Mahmood Merican says the agency has several incentives to make it easier for overseas Malaysians to come home, including tax exemptions on their cars. – The Malaysian Insider pic by Najjua Zulkefli, April 8, 2014.

TalentCorp CEO Johan Mahmood Merican says the agency has several incentives to make it easier for overseas Malaysians to come home, including tax exemptions on their cars.–  pic by Najjua Zulkefli, April 8, 2014.

Higher salaries, better professional opportunities and a comfortable life – these are the main reasons Malaysian professionals living abroad are reluctant to return to Malaysia, TalentCorp said.

According to its statistics, TalentCorp managed to bring back 2,500 Malaysians working abroad, but the figure is small when compared with a 2011 World Bank estimate that almost a million Malaysians are working outside the country.

TalentCorp has received almost 4,000 applications in the three years since it was established in 2011 to address the brain drain in the country.

“It is a combination of several factors. First, the quality of life is related to salaries, second, professional opportunities and third, a comfortable life, ” TalentCorp Chief Executive Officer Johan Mahmood Merican told The Malaysian Insider recently. However, the gap in quality of life is not too big when Malaysia is compared with other countries, he said.

“For example, the salaries in London are definitely high but we must increase their awareness about the quality of life after living costs are taken into account. Sometimes, the gap is not that big,” he added.

In terms of professional opportunities, Johan said Malaysia was still capable of offering the best opportunities as the country’s economic position was still good.

“In many other developing countries in the world, their economies are relatively slow but Malaysia’s is steadily progressing,” he said.

“The third factor, there are a lot of reasons for that. It’s true that there are some Malaysians who are worried about education, crime and the political scenario in the country,” he added.

The country which has the highest number of Malaysians wanting to come home is Singapore, followed by the United Kingdom, China, Australia and the Middle East.

According to a World Bank report, Malaysia’s Gross Domestic Product (GDP) was US$303.53 billion (RM995.43 billion) in 2012. Malaysia’s GDP represents 0.49% of the world’s economy.

“When they have been out of the country for too long, it will be hard for them to come home. At least, we appreciate their efforts by giving them incentives.”

The administration of Prime Minister Datuk Seri Najib Razak has targetted Malaysia to become a high-income nation by 2020 through Vision 2020, which was introduced by former Prime Minister Tun Dr Mahathir Mohamad.

As part of efforts to achieve the goal, Najib also introduced fiscal steps to reduce the country’s deficit, but that have affected the inflation rate.

Up till 2013, TalentCorp was allocated RM65 million, but it has received criticism over the huge allocation as it did not reflect in the number of talents brought home.

“TalentCorp is not only about bringing workers from overseas, we also have other programmes such as graduate employability and helping foreign talents,” Johan said.

The area in which most talents have decided to come back to is the business service sector, followed by oil and gas, finance, electronics, information technology and health.

“We support the Economic Transformational Programme (ETP) and not just overseas programmes. We help drive the ETP,” he said, adding that TalentCorp was in line with the government’s goal of achieving a high-income nation by 2020.

Johan also said that TalentCorp does not take on the role of a “recruitment agency” for the talents brought home.

“We do not operate like a recruitment agency because we are a government agency. We do not look for jobs for them; it is up to them to find jobs.However, we realise that Malaysians who have worked overseas for too long will not necessarily be used to the local professional culture so we are prepared to help them to get in touch with recruitment agencies or executives,” he said.

Realising that the move to bring back talent is not easy, Johan said TalentCorp has prepared several incentives to make it easier for them to return to Malaysia.

“When they have been out of the country for too long, it will be hard for them to come home. At least, we appreciate their efforts by giving them incentives.”

Among the incentives are tax exemptions on cars the applicants would like to bring back to Malaysia under the Return Expertise Programme (REP).Johan said it was not fair for others to judge TalentCorp’s work just based on allocations to the agency, as there were other activities that they take on.

“You cannot take a whole amount of allocation and divide it by one activity… we have other different activities.Maybe our activities hardly get any coverage, but we are managing talents in a different aspect,” he said.

In 2011, a World Bank Report revealed that Malaysia was experiencing a huge brain drain to other countries, with almost a million of the country’s professional workforce reported to be working overseas.

According to the report, the migration is caused by the imbalances of the New Economic Policy (NEP), with Indians and Chinese making the highest numbers.

The World Bank warned that if the situation was not addressed as soon as possible, it would slow down the economy and halt the country’s development.

Following the report, Putrajaya set up TalentCorp and introduced programmes to lure Malaysian talents from overseas. – April 8, 2014.

Memali: Not late for truth and justice


April 6.2014

Memali: Not late for truth and justice

dr-kua-kia-soongBy Kua Kia Soong@www.freemalaysiatoday.com

Early on November 19, 1985, the Malaysian Police under the direction of the Home Minister laid siege on a house in the Kedah village of Memali in which PAS leader Ibrahim Libya and his comrades were staying in a bid to resist arrest under the Internal Security Act.

There were no lengthy negotiations with the besieged and by noon 14 men, including Ibrahim Libya, lay dead. Four police personnel also died, apparently as a result of friendly fire and several of the survivors were arrested under the ISA.

Certainly this 1985 massacre at Memali shares the same moral shame as the 1948 Batang Kali massacre, when 24 innocent villagers were mowed down by British troops at Batang Kali.

Instead of a remorseful apology to Ibrahim Libya and the other deceased, the Barisan Nasional government has used the Memali massacre as a spectre to warn the electorate against involvement in extremist or “deviant” Muslim sects.In the same way, the May 13 pogrom is continually resurrected as a warning and threat to the Chinese electorate should they choose to vote for the Opposition.

Musa, Dr M, IGP collectively responsible

Musa HitamThe Home Minister at the time, Tun Musa Hitam has recently tried to shift the responsibility for the massacre to the then Prime Minister Dr Mahathir Mohamad.

In fact, what Musa asserts had been disclosed three years ago, by the then OCPD of Baling, YM Tunku Muszaffar Shah, in his book entitled ‘Memali: A Policeman Remembers’.

The ex-OCPD said that the poor decision-making at the time was the result of political interference and an underestimation of the tenacity of Ibrahim’s followers.

The fact that Mahathir was still in Malaysia when the Memali massacre took place TDMhad also surfaced during the launch of the book. But whether Mahathir was still in Malaysia at the time or already on a visit to China is immaterial – collective responsibility binds those in the relevant positions of power together.

Thus the Home Minister has to take full responsibility for such an executive action as well as Amin Osman, the then Acting Inspector General of Police at the time, for his role in executing the bloody plan.

As with Operation Lalang, May 13 and other historical tragedies in our country, the Government White Paper on Memali attempts to whitewash over the government’s responsibility for the crisis.

Next, the official propagandists dutifully echo the whitewashed rendition of these events, which then becomes immortalised in school textbooks and in officially sponsored films such as Tanda Putera.

In the case of the Memali massacre, The Star’s recent ‘fact box’ cited Ibrahim Libya and his followers among the list of “major violent cases involving deviant groups in the country.”

Defiance against detention without trial

The Memali massacre must also stand out as one of the bloodiest episode of defiance against detention without trial.

After my arrest under the ISA in the early hours of October 28, 1987, I have often pondered what would have happened if I had resisted the Special Branch that morning and decided to barricade myself in my house with a bunch of my supporters.

Would a similar massacre have taken place?In hindsight, I had no intention of providing the Malaysian Police with an excuse to take such drastic action!

Nonetheless, the indignation I felt as an innocent political activist against detention without trial is real and I can understand the emotions of the villagers in Memali when confronted with such a huge Police mobilisation to arrest and detain their leader Ibrahim Libya.

According to Federal territory PAS Youth Chief, Khairil Nizam Khirudin, the Alor Setar High Court had decided that the government should pay compensation to the families of those who were killed.The widows received a small compensation, which suggests culpability on the part of the government, in wrongfully attacking the victims.

And if the victims were “deviants”, why did the National Fatwa council not issue a fatwa against Ibrahim?

According to the White Paper tabled in Parliament in February 1986, the government justified attempts to arrest Ibrahim under the ISA by accusing him of establishing the “Islamic Revolutionary Movement” which aimed to topple the federal government by force.

Ibrahim was reported to have amassed an arsenal of dangerous weapons. That alleged stockpile remains hidden, to this day and it is the responsibility for a commission of inquiry to uncover the truth of this allegation.

Never too late for truth and justice

The 1985 Memali massacre is in our relatively recent past. The Dutch government has only just agreed to pay families from Indonesia reparations for a colonial-era massacre that occurred around the same time as Batang Kali, in 1947.

Talking of Indonesia, their government has still not accounted for the massacre of close to a million people in 1965.

A group of Kenyan survivors, mostly now in their 80s, won the right in 2011 to sue the British government for damages over claims of torture during the 1950s Mau Mau uprising.

A judicial review of the government’s repeated refusal to hold a public inquiry into the alleged massacre at Batang Kali was heard in 2012.

The Malaysian state must take responsibility for the Memali massacre. It has a moral responsibility to apologise to Ibrahim and the other deceased for the tragedy and to compensate the families adequately for the senseless loss of their loved ones.

For the sake of the families of the victims and our collective conscience, we also need to get to the bottom of what happened at Batang Kali in 1948, Kuala Lumpur in May 1969, Memali in 1985, Kampung Medan in 2001.Extrajudicial killings still go on with impunity today.

Pressing need for IPCMC

The report by the police on the events leading to the killing of Ibrahim reads like any of the reports of deaths through police shootings that you can read in Suaram’s annual Human Rights Reports:

“Attempts by a large Police delegation to arrest Ibrahim at his home in November 1985 saw supporters attacking the police with firearms and sharp weapons, before the charismatic preacher was killed…”

If we had had an Independent Police Complaints and Misconduct Commission (IPCMC) in 1985, the standard operating procedure would have been for the IPCMC to step in to investigate how the casualties were inflicted and if the police could have avoided the killings.

Unfortunately, we can only surmise and conjecture about why the police did not do more to prevent the bloodshed, since they had the house surrounded with hundreds of police personnel.

At a time when our government is at pains to tell the world in regular press conferences that they are being open and transparent, it is fitting and long overdue to open a commission of inquiry on the Memali tragedy and to institute the long overdue IPCMC.

Kua Kia Soong is advisor to human rights watchdog Suaram.

Tengku Razaleigh’s Speech at the launching of “Rich Malaysia, Poor Malaysians”


April 4, 2014

Tengku Razaleigh’s Speech at Sultan Sulaiman Club, Kg Baru, Kuala Lumpur, 8 pm on April 3, 2014 on the occasion of the launching of “RICH MALAYSIA, POOR MALAYSIANS”, authored by Anas Alam Faizli

Ku LiYBM Tengku Razaleigh Hamzah

I am honoured at having been invited by Anas Alam Faizli to launch his book, “Rich Malaysia, Poor Malaysians”, a collection of essays reflecting his thoughts on energy, the economy and education of our beloved country. I applaud Anas for his intellectual discipline to pursue writing which demands mental toughness, quiet tenacity and absolute patience. Indeed, he deserves our admiration.

He deserves our respect given that Malaysians are notoriously apathetic to reading, let alone writing. I respectfully submit that we do not write enough, both fiction and otherwise in comparison to, say, our sprawling archipelagic neighbour to the south. It is in this context that our author deserves our commendation – my commendation in particular – for a task well done, even though the themes are serious and difficult. Well done, Anas.

Book Launch on April 3, 2014Having skimmed through the book, I must admit that I have more than just a passing interest in it; and at least for two reasons. I am always interested in writings on the subject of energy, be they articles for lay reading or academic treatises. I feel especially close when oil and petroleum are discussed. This is because of my task previously to see through the legislation of the Petroleum Development Act, 1974; the negotiation of the production sharing contracts with oil majors whose roles were redefined as contractors to the national oil company in the post-PDA era; and, establishing and developing PETRONAS into a professionally reputable and internationally respectable national oil company.

Secondly, having been schooled in economics, I follow its development keenly, both at the national and international levels. This is strengthened further by my having once been the Minister of Finance charged with the financial and economic management of the country. And of course, given the collective responsibility of the Cabinet, national policies on such subjects as education interest me greatly.

Let us reflect, for a moment, upon the situation regarding the supply and consumption of petroleum in the country and the downstream role of PETRONAS in the retailing of this essential and strategic product. Given our continuous inability to guide the country out of the middle income trap into the high income bracket, we have been using, for long spells, petroleum subsidisation to solve the problem of its affordability by ordinary people in the lower strata of the economic chain. While the subsidising of consumer goods is not the most efficient of ways in managing the high cost of living, it is fairly understandable if the government extends a helping hand to the small man in that manner.

What is sinful and cannot be forgiven is the ease with which the power that be had been dishing out subsidies to such entities as the national power supplier, the independent power producers and some other non-power outfits. As has been pointed out by Anas, since 1997 this subsidy has amounted to RM136.5 billion. The sad part is that while these power producers continue to enjoy subsidised fuel price, petroleum subsidy to the consumers – which purportedly cost the government RM14 billion in 2011 – was partly discontinued recently.

It is glaringly obvious that the government has been treating PETRONAS as a cash cow. Anas continues to point out that over 37 years from 1974 – 2011, the government had been paid some RM529 billion in dividends, taxes, petroleum proceeds and export duties from the national oil company. The reliance on PETRONAS to help outfits with strong linkages to the government out of financial trouble has been going on from as far back as 1985. In that year it rescued Bank Bumiputera with a RM2.5 billion bailout and again in 1991 when it coughed up another RM1 billion. In 1997, Petronas had to rescue the financially ailing Konsortium Perkapalan Berhad for RM2 billion.

The national oil company was also made to underwrite the construction of the Twin Towers in the heart of the KL golden triangle for RM6 billion and the building of the extravagant Putrajaya for RM22 billion. In all, more than a half trillion ringgit have been spent. This amount could have been used more productively to fund a national pension programme for Malaysians as has been done by a certain Scandinavian country.

This extravagance that had been forced on to PETRONAS has also deprived the company from the much needed cash build-up for reinvestment which would ensure its business sustainability. Given the finite nature of hydrocarbon as a resource, it is important for PETRONAS to look further afield at investments in businesses outside of oil and gas.

Looked at from this perspective, it is all the more critical for the corporation to have a strong cash reserve for reinvestment purposes. It was this need for prudence that had led Tun Razak, the Prime Minister of the day, to impress upon me the need to ensure that Petronas would enjoy parity with such multinational companies as the once much touted seven sisters, two of which ultimately became its contractors.

Today PETRONAS is at par with the oil majors and it is ranked as one of Fortune 500’s largest and most profitable oil and gas companies. But sadly, it is being abused and treated as the piggy bank whenever the government needs cash in a hurry.

Ladies and gentlemen, why is this so? Why is there a discrepancy between what was visualised by the founding fathers of PETRONAS and what it has turned out to be 40 years on; that is, as a banker of sorts to the government.

The truth is that there had been consistent political interference and this had affected PETRONAS, even though it is a professionally well run corporation. There is a blurring of lines demarcating the party in power and government, and by extension, the party supremo and the head of government. Cynics would contend that it was done on purpose to facilitate the development of politics of patronage. This, in turn, led to the growth of crony capitalism.

This inter-ethnic dichotomy is no more than a duplication of effort which result in the inefficient application of resources. It is worsened by the economic disparity that continues to be persistently reflected along racial line, notwithstanding the efforts made to blur and wipe it out. As explained by Anas, the bottom 40% of Malaysia in economic terms is still made up of Bumiputera households.

Transpose this against the notion that about 90% of their incomes are made up of wages and salaries which are hardly commensurate with the relatively more rapid increases in living costs, this problem takes on a much darker hue. As an illustration of how low Malaysian income generally is, it is worthwhile noting that the EPF had been known to report that about 79% of its contributors earn RM3,000 or less a month.

This reality becomes more significant when we realise that disposable income contributes much to purchasing power, especially among the relatively poor as opposed to the wealthy where purchasing power is additionally sourced from assets other than salaries and wages. A report on the national human development goes further to say that the “Chinese has a higher purchasing power compared to other ethnic groups…” More problematic and easily a potential source of politico-economic problem is the assertion by the report that there is “homogeneity in the purchasing power gap.” It asserts that the super-rich, regardless of ethnicity, has about 18 to 20 times more purchasing power.

Purchasing power has a graver ramification from the standpoint of economic wellbeing. This has to do with the reality that a person who enjoys a high income is not necessarily guaranteed a better quality of life. Neither does the effort to improve the quality of life through high income mean much if the cost of living rises rampantly. Again, an observation by Anas is very illuminating here. He contends that a graduate who entered the job market for the first time, say, in 1978 on a monthly salary of RM1,000 could afford a lower-end car of RM12,400 or 12 months’ salary and take out a mortgage, perhaps, on a RM62,000 house in a fairly upscale Kuala Lumpur suburb.

Today, a fresh entrant into the labour market on a monthly salary of RM2,500, which is two and half times higher than his earlier counterpart, would find a roughly similar car costing him RM178,000, roughly 71 months of his salary. A house outside the Greater Kelang Valley area, in Nilai for example, would set him back by RM350,000. This situation could get worse in all probability.

Ladies and gentlemen, the challenge before us is to mitigate the socio-political issues and problems to a minimum. This will ensure that they do not become a part of our political culture and, by extension, our way of life. We must have the will to stop patronage and cronyism. In this way rent-seekers would be cut off. But herein lies the problem.

Political leaders are loath to upsetting the apple cart and disturb their cosy symbiosis with rent-seeking cronies. More often than not, these are the people whom they rely upon for political funds in their effort to continue to latch on to power.

What then could be done given this near-checkmate type of a situation? I say pressure must be brought to bear and it must be made known that we will not tolerate any more politics that is less than ethical. We must clearly and loudly make it known that politics must be practised with a high level of integrity. No, politics is not dirty but its practitioners, more often than not, are. In the longer run and in order to ensure that ethical politics of impeccable integrity is practised, we must overhaul our education system.

We need to shift our education paradigm from a system that emphasises regurgitating what is learnt by rote to amass distinctions to one that puts a premium on logical and critical thinking in which source as well as general reading is a major activity in providing the primary material. We must revisit our educational philosophy in order that we may give equal importance to classroom and off-classroom activities in educating the young Malaysian into a potential leader material for the public or private domains. Of course, this is a huge and important subject that needs proper addressing at, perhaps, another forum.

Ladies and gentlemen, in the last several minutes I have shared with you my thoughts on the subjects addressed by Anas in his book. I hope it has generated enough interest to trigger off your critical thoughts on the subjects or other related subjects. In the process it is hoped that some of you will go a step further to put pen to paper as Anas had done. On that note, I take this opportunity to congratulate the author for making the book available to the public which I have much pleasure in introducing. Thank you and I wish you a pleasant day ahead.

*This speech was delivered by former Finance Minister Tengku Razaleigh Hamzah at the launch of the book “Rich Malaysia, Poor Malaysians” by Anas Alam Faizli.

Anas Alam Faizli speaks in Bahasa Malaysia on his book, “Rich Malaysia, Poor Malaysians at Kelab Sultan Sulaiman, Kg. Baru. Kuala Lumpur, Malaysia on April 3, 2014 (below):

Book, Rich Malaysia, Poor Malaysians

Yang dihormati dif-dif jemputan yang terhormat,

YBM Tengku Razaleigh

Dr Syed Husin Ali, YB Saari Sungib, Tan Sri Kamal Salih, TokSu Norizam,

Pak Chong, Siraj, Azlan, Dato Din Merican, Sharaad,…

Para hadirin-hadirat yang dihormati sekalian,

Assalamualaikum warahmatullahi wabarakatuh dan salam sejahtera,

 Saya ingin merakamkan setinggi-tinggi penghargaan kepada YBM Tengku Razaleigh yang sudi merasmikan buku Rich Malaysia, Poor Malaysians dan Malaysia Kaya, Rakyat Miskin. Kredibiliti Tengku tidak dapat dipersoalkan – pengalaman Tengku sebagai Founding Chairman dan CEO Petronas yang juga pernah memegang tampuk kementerian kewangan dan perdagangan antarabangsa serta mantan pengerusi Bank Bumiputra.

Dalam pendidikan pula, Tengku pernah mengatakan pada bulan Julai yang lalu bahawa “Sistem pendidikan negara kita gagal dan kita tidak boleh mempertahankannya lagi. Tambah beliau, satu tindakan yang ikhlas, berani dan radikal diperlukan bagi mempercepatkan proses pembaharuan dalam pelajaran dan pembelajaran.”

Buku kerdil ini juga telah diangkat nilainya ke tahap yang lebih tinggi kerana sumbangan dua orang pemimpin yang saya sangat kagumi dan hormati- pemimpin yang mewakili gen-Y dan juga generasi veteran. Terima kasih yang tidak terhingga diucapkan kepada YB Nurul Izzah dan Senator Dr Syed Husin Ali yang telah mencurahkan pemikiran mereka seterusnya menyuntik kehebatan permulaan kepada buku kerdil ini. Terima kasih juga buat barisan panelis yang sangat tersohor, En Mohamed Siraj, En Azlan Awang, Dato’ Din Merican dan juga moderator Mr Sharaad Kuttan.

Anas Alam FaizliBuku ini merupakan himpunan esei yang telah ditulis dalam tempoh setahun. Manuskrip versi Inggeris dan Bahasa telah siap serentak tetapi versi Inggeris diterbitkan dahulu untuk menilai sambutannya. Walaupun ia merupakan himpunan esei tetapi Alhamdulillah berjaya disusun dalam satu bentuk kronologi yang mempunyai kekuataan tersendiri. Sebuah himpunan esei yang berbicara tentang isu-isu nasional dan global seperti isu tenaga, ekonomi, pendidikan dan kesukarelawan, yang saya harap mampu mencetuskan wadah bicara kritis dan berguna untuk semua.

 Penulisan dimulakan dengan berkongsi amanat almarhum Atok saya, Mohd Zain bin Abu dengan tiga prinsipnya iaitu:

1-  Pendidikan ialah perkara paling penting dan akan sentiasa menjadi keutamaan

2- Elakkanlah seberapa banyak permusuhan dengan orang lain

3-  Dan jadilah orang yang memberikan banyak manfaat kepada orang lain

Buku ini antara lainnya satu usaha untuk memenuhi wasiat Atok, dengan kerendahan diri, satu percubaan kecil untuk menjadi seorang yang bermanfaat.

Idea utama buku ini ialah satu penerimaan bahawa , Malaysia ialah sebuah negara kaya dengan hasil mahsul bumi.  Beratus tahun di jajah dan hasil kekayaan di larikan penjajah,  kita kembali memegang daulat sebuah tanah yang kaya dan mewah. Maka kerana itu,  sebaik sahaja merdeka, tanah ini tidak pernah  putus memberi sumbangannya baik daripada bijih timah, getah, kelapa sawit, bijih besi, bauksit, kayu balak dan terkini minyak dan gas yang menyumbang 40% hasil pendapatan negara.  Semua ini ialah sumber tidak ternilai yang perlu dihargai dan digunakan sebaik mungkin.  Oleh itu,  adalah sangat penting masyarakat umum memahami sebanyak mungkin mengenai industri yang menjadi “cash cow” negara ini.

Bahagian sumber petroleum Malaysia ini dimulakan dengan persoalan adakah kisah Petronas ialah kisah si tanggang? Beberapa soalan penting seperti – bilakah minyak akan habis? Dimanakah industri perkhidmatan tempatan dan isu-isu yang lain telah dikupas malah diakhirnya turut diberikan beberapa cadangan penyelesaian. Kemudiannya, satu penerangan mengenai sejarah Petronas, bagaimanakah ia beroperasi dan sistem fiskal Malaysia diperjelaskan. Konsesi vs PSC. Persengketaan Royalti Minyak juga telah disampaikan secara terperinci daripada perspektif semua negeri yang terlibat. Bahagian ini ditutup dengan cadangan pemberian ekuiti Petronas kepada negeri pengeluar minyak berbanding penambahan Royalti.

Bahagian Sosio-Ekonomi pula dimulakan dengan merungkai 8 realiti Malaysia dan mengapa pendidikan tinggi wajar dibiayai oleh kerajaan. Saya ambil jalan berbeza dan tidak membandingkan dengan negara lain tetapi melihat perspektif kaca mata Malaysia itu sendiri dan menyimpulkan mengapa kita perlukan pendidikan tinggi. Slogan saya dalam buku ini, 1 Keluarga 1 Graduan.

Esei berikutnya menghuraikan dengan panjang lebar apa yang dimaksudkan dengan Negara Berpendapatan Tinggi, Rakyat Berpendapatan Rendah. Malaysia Kaya, Rakyat Miskin.

Ilustrasi disampaikan dengan fakta dan diterangkan secara halus. Kemudiannya saya membuka kisah Mitos Si Kaya dan Si Miskin diikuti dengan penerangan bagaimana sebuah Negara Berkebajikan akan meluncurkan Malaysia kearah masa depan yang jauh lebih baik.

Menuju kearah demokrasi yang lebih kukuh dengan dua parti dominan negara, saya juga menulis bagaimana kaedahnya untuk memahami dan membuat analisis kritikal ke atas manifesto yang dijanjikan oleh parti-parti bertanding.

Bahagian ini ditutup dengan penjelasan panjang mengenai perjanjian TPPA yang sedang dirunding oleh Malaysia.

Seterusnya,  saya mengupas isu pendidikan dengan analisis pencapaian ranking antarabangsa Malaysia. Saya kemudiannya menyeru membina budaya membaca buat menuju mentaliti negara dunia pertama. 1996 – 2 muka surat, terkini 2 buku berbanding Jepun Perancis 10, AS dan Kanada 17 buku. Kemudiannya saya menyeru kepada penyemaian budaya berfikir dengan beberapa cadangan. Saya juga mempersoalkan jika sekolah moden itu satu pengkhianat kepada pendidikan. Bahagian ini ditutup dengan cadangan mendefinisikan semula falsafah pendidikan negara dengan cadangan Cinta sebagai Pedagogi dan FPN yang baru.

Saya percaya pendidikan boleh dijadikan penyelesaian kepada semua masalah yang dihadapi negara.

Bahagian terakhir menyentuh mengenai kesukarelawanan dan satu penulisan panjang yang menghuraikan mengenai bagaimana kesukarelawanan boleh berjaya dan menyumbang kearah pendidikan yang lebih baik. Saya juga nukilkan konsep kuasa ketiga dan bagaimana kesukarelawanan boleh menjadi agen menyubur demokrasi dengan memberi ruang suara kepada semua pihak.

 Buku ditutup dengan epilog bahawa gerakan massa Reformasi adalah milik semua  dan rakyat perlukan satu Rejuvenasi.  Seperti yang saya sering utarakan, penulisan ini adalah milik umum, dan saya seru warga umum untuk mengulas, mencabar dan memperkembangkan idea-idea di dalam buku ini. Usul-usul kritis yang padat di dalam buku ini saya mohon diperhaluskan dan semoga dapat dimanfaatkan oleh semua.

Akhir kata, Baca, Faham, Fikir dan Bertindak. Berjuanglah!

Terima Kasih.

 

Dr. John remembers Irene Fernandez


April  4, 2014

Dr. John remembers Irene Fernandez

by K J John@www.malaysiakini.com–04-04-14

Irene Fernandez is a personal friend of our family. We grew up in the same neighbourhood in the early 60s. Therefore, my feelings about her passing are mixed at best. Of course, since we are Christians, death is something we can look forward to, because of our personal and relational faith we have with Jesus Christ. He is the Judge at the Second Coming.

We believe he destroyed the dividing wall of hostility between Man and God by his death and resurrection. What a reminder about why we must take this season of Lent more seriously, as we reflect on both; his realities in history of time to define Good Friday and Easter. Good Friday was the good work of Jesus on the cross to redefine our eternity, and Easter is our similar hope through his resurrection; because he still lives.

Nonetheless without getting into the theology of ‘what quality of personal and relational faith defines our eternal life in Heaven’, I will believe that I will see the late Dr Irene Fernandez in Heaven. I will look forward to that day.

Even so, allow me to reflect on this question; did Irene deserve better from all of us? What do I mean?Irene was a great lady who lived out her dignity and destiny of her calling through her life. She lived and died for her beliefs. That is now her legacy for those of us who know her and have been influenced by her ‘good works’.

She was more than her value of saltiness and the light she shone into the systemic level of bribery and corruption at all levels of society. I will miss Irene. Farewell my good friend until we meet again on yonder shore.

The abuse of Irene’s dignity

Almost in identical style and execution but learning from their mistakes of the past, especially with the Lim Guan Eng incident, the Attorney-General’s Chambers selectively prosecuted and persecuted Irene for telling the truth about bribery and corruption related to especially naming Bangledeshi workers and documenting of their case stories. She was charged in court with “lying about truths”, sentenced to jail, and finally released by the appeal court. What misjustice!

Muslim theology also states that all humans have a God-ordained dignity which must therefore be honoured and respected by all in positions of authority. These authorities do not deny God or ignoring the person they call ‘Allah.’Now, we even see Muslim judges practice ‘rule by law and not really rule of law,’ because they do not understand Muslim theology well. They think God has ordained them to behave like God and decide some other’s destiny and deny their dignity.

My doctoral thesis was on this subject of dignity in the workplace. Dignity so defined is a God-quality of honour and respect for human beings, as the highest of all created beings, including angels. All other humans must grant such mutual respect and regard for the other; without fear or favour. But, systems always fail to do this well, especially because the ‘powerful’ always assume they are already on God’s side and no one can question their ‘abuse of authority.’ How untrue!

Even Muslim theology has a similar concept of trusteeship or stewardship. Therefore, all authorities, by name, must be both accountable and responsible to Almighty God on Judgment Day, for things done or left undone.

Therefore, I feel guilty, because I worked for this ‘authoritarian government’ which caused great and severe abuse to Irene Fernandez by wrongly ‘prosecuting, but which resulted in severe persecution’, with even her passport and travel rights being denied. Then finally, she was released by the Court of Appeal.

Did not Irene deserve better from all of us, especially when this so-called legitimate government abused her dignity and denied a proper destiny. For that the global community gave her the ‘Right to Livelihood Award’; often called the alternative Nobel Prize.

Irene’s lifeline

Born in 1946, we became neighbours sometime in 1961, when our family moved to the first-ever housing development in Jalan Kolam Ayer in Sungai Petani. We had some glorious times of friendship and family fellowship as they were also Malayali Christians, like us. Then I left to go to school in the RMC in 1965.

I reconnected with Irene when her case hit the newspapers. I was then writing a column in the NST. I wrote and supported Irene’s findings and they published my views, without edit. Then when we started Oriental Hearts and Mind Study Institute’s (OHMSI) National Congress on Integrity in 2005, Irene was one of the keynote speakers, apart from Bishop Paul Tan and Clifford Herbert, former secretarygeneral of the Finance Ministry.

We were a multi-ethnic and multi-faith community as we sought to define the word ‘integrity.’ One of the best definitions on this concept of ‘integrity’ which was publicised by the mainstream newspaper was by the chief secretary to the government, Sidek Hassan (right). He popularised the definition that “integrity is what you do when no one else is watching”.

Of course, whether Sidek or us, we know that “when no one else is watching” is not such; as God is always watching. Therefore what Sidek means by that ‘definition’ is integrity makes requisite for us to do what is right, good, and true when no one else human is watching. But, we are reminded by scriptures that God is always watching and keep a record of the same; which becomes our basis for judgment at Jesus’s Second Coming.

Did not Irene do what is good, true, and right by defending the dignity of Bangladeshi workers? Why then did we prosecute and persecute her? Who are really the guilty ones? Do you really think God was not watching when we do the same? Did not Irene Fernandez deserve better, as she lived her life of dignity, integrity, and destiny?

Is not wrongful prosecution equal to persecution?

Can the citizens of Malaysia not take the attorney-general (AG) to court over wrongful prosecution of so many public cases? Every time a senior public servant is charged with corruption and then finally discharged by the higher courts for the lack of conclusive evidence, I feel the same way about each and every one of them; their dignity and destiny which God intended for them is denied by my mortals.

We are not gods; in fact let me quote the father who said, “the police are not god”. They cannot cause death and not be held responsible and fully accountable. Let me modify the same argument; the AG is not god and the cabinet must hold him responsible for the Irene case and make good their ‘uninformed incompetence in prosecuting and persecuting her’.

Irene deserved very much more from all of us. The reason evil governance begins because good and ordinary people choose to close on eye and think they cannot make a difference. Irene showed us otherwise she could. Let us follow her legacy and not follow the crooks. May God bless our soul and spirit.

Judges dancing to tune of UMNO


April 3, 2014

Judges dancing to tune of UMNO

It has to take one stupid, perverse and farcical court to agree with another stupid, perverse and farcical court.

 
COMMENT@www.freemalaysiatoday.com

Anwar-Ibrahim-2011-mantan-PMBy Anwar Ibrahim

Talking about political winds, it appears that lately, the Malaysian judiciary, particularly the judges of the superior courts, are caught in the whirlwind and are frantically racing against each other to please the powers that be of the day.

In the frenzy to curry favours from their political overlords, these minions have stopped at nothing to ensure that they will be the first to reach the finish line.

Pots of gold await the backscratchers and lackeys. And where financial gratification may appear a tad blatant, there’s always elevation to the higher rungs of office to whet the appetite.

Unlike parliamentarians, judges will never be content to be backbenchers. The preferred place is the front and the top where they can tower over ordinary mortals, even if they be law-makers or members of the Bar.

They fear no one except their political masters because they know on which side their bread is buttered. And they shall not bite the hand that feeds.

Throwing judicial decorum to the wind, they bare their fangs and sharpen their claws in order to cow supplicants in their courts into submission, and in the process, their demeanour and conduct leaves no one in doubt about their bias.

And though they know that an adversarial system dictates that judges must not just act impartially but must be seen to be so, they bend backwards to don the hats of prosecutor and executioner as well.

When this happens, as indeed it is happening now with unprecedented frequency, we know justice has gone to the dogs. It is happening because Prime Minister Najib Tun Razak, in flagrant abuse of power, has launched a new campaign of political persecution.

“Even if we can’t defeat them at the polls, all is not lost (remember Altantuya?). We still have our judges to do our bidding. See how they fall over each other at the snap of our fingers!”

This is the alarming trend in our judiciary where judges work hand in glove with the Attorney-General’s Chambers to deny leaders of the federal opposition, duly elected representatives of the people in parliament, their right to justice.

In taking this unconstitutional and nefarious line, they have turned the doctrine of the separation of powers on its head.Hence, apart from me, MPs Karpal Singh, Azmin Ali, Antony Loke, Rafizi Ramli, Tian Chua, Syed Azman and Shamsul Iskandar just to name a few, are marked for the judicial abattoir by the executioners.

It may be sodomy, it may be sedition, or it may be illegal assembly, or whatever. These bootlickers know less of law and the principles of justice than lording over the courts parading proudly as peacocks (and peahens) their colourful judicial plumage overflowing with the arrogance of power.

Life after retirement

As for those judges who used to sit on the throne, there is still life after retirement. The involvement of former Chief Justice Tun Abdul Hamid Mohamad in the National Unity Front, closely linked to Perkasa, Malaysia’s icon of racism, while not shocking remains scandalous.

It makes a mockery of the institution of the judiciary which he once headed and contradicts the principles of equality, equity and justice that the judiciary is supposed to stand for.

Is it conceivable for a former chief judge to head an organisation that is adamantly opposed to the National Unity Consultative Council, and to be notoriously engaged in race-baiting and the trumpeting of the superiority of one race over other races in our multi-racial and multi-religious country?

It would appear that it is not only conceivable but that it is lauded with much fanfare by UMNO going by the prominent coverage given to it by the UMNO-controlled media.

Incidentally, this is the same judge who, in his Federal Court judgment, had written that “the court’s decision must only be based on the evidence adduced and nothing else and (hence) it had to acquit because of lack of evidence,” but qualified it with the illogical and manifestly asinine statement that “we find evidence to confirm that the appellants were involved in homosexual activities”.

In other words, “we find him NOT guilty but at the same time guilty”. Anything more stupid, perverse and farcical than that cannot be found in our judicial annals (no pun intended) except for the judgments and pronouncements of Augustine Paul and Ariffin Jaka in respect of Sodomy 1 and the current decisions in respect of the application for expunging and the Sodomy 2 appeal.

As they say, it has to take one stupid, perverse and farcical court to agree with another stupid, perverse and farcical court.

UMNO must fight its own political battles and not be such a coward to use the judiciary to help them fight the opposition. How long more are our judges going to dance to tune of UMNO?

When will they stop becoming stooges and lap dogs of UMNO leaders? How long more must the rakyat endure this sham? Who are the puppeteers in this shadow play?

Are these judges not aware that UMNO will not be there forever to cover their tracks, or their backs, or that not only will history judge them, but that the rakyat are not going to sit idly by – forever – while they continue to pervert the course of justice?

Parliament, as the vox populi, must make its voice heard before we reach the tipping point and the situation gets out of our hands.

There is a tide in our affairs which, unless we seize it, will see our voyage for democracy and rule of law in shallows and in miseries.This is the rising tide of judicial impropriety, arrogance of power and transgression. As one of the three branches of government, parliament must reassert the sanctity of the separation of powers principle.

It is therefore morally incumbent and constitutionally expedient that parliament acts accordingly to break up the illegal and unconstitutional collusion between the Executive and the Judiciary.

Anwar Ibrahim is the federal Opposition Leader.

Irene In Memorium


April 2, 2014

Irene Fernandez: Champion of the Helpless and the Explioted

by Steve Oh (April 1, 2014)@http://www.malaysiakini.com

OBITUARY: A beacon of hope is extinguished and Malaysia is a darker place for its irreplaceable loss. News of the passing of Tenanganita Co-founder and Director Irene Fernandez was not what I had expected to read in Malaysiakini yesterday.

Irene F

I am saddened by the death of a remarkable and irreplaceable woman, a towering and selfless Malaysian who devoted her life to helping the helpless, comforting the exploited and soothing the wounds of the tortured in a once bright place that is blackened by corruption and that has lost its way.

Often she faced insurmountable odds against the might of the powers-that-be and its institutions of persecution. The political tyrants made life unfairly difficult for this intrepid, irrepressible and humble Malaysian ‘Joan of Arc’ of maltreated migrants and repressed refugees in her country.

It is incredible how such an amazing woman who spoke out for the voiceless and right-less can be charged in court for doing good for others, and it is an indictment of ourselves that we allowed the good to be called evil and the evil good and Irene to be bullied by those who abuse their powers and disgrace their humanity and country.

It is hard to speak of Irene without recalling the hostile environment where the authorities are unwilling to be scrutinised and held accountable for their deeds. She overcame the untold hardships she suffered at the hands of the overbearing authorities that had harassed her.

I first learned of this amazing woman some years ago when news of her court case emerged in the local newspapers and Malaysiakini. This unassuming and soft-spoken woman had been unfairly persecuted and prosecuted for her role in highlighting the plight of migrant workers.

It was the irony of her plight and her unwavering commitment to her cause and forbearance under unfair persecution that earned her a place in my heart. She was my hero not found among men in her ‘jihad’ for the unjustly treated. When proud men pursued gain and glory,  this woman of women chose to side with the poor and oppressed.

Twisted persecution

Malaysiakini co-founder Steven Gan, then a reporter for The Sun, and his colleagues had in 1995 written an incriminating report of the government on 59 primarily Bangladeshi inmates who had died of preventable and treatable diseases such as typhoid and beri beri at the Semenyih immigration detention camp.

The Sun had refused to publish the damning report so Gan turned to Irene who published information from it under the title, ‘Abuse, Torture and Dehumanised Conditions of Migrant Workers in Detention Centres’ and for that she was hounded for the rest of her life by the government.

She was arrested and charged in 1996 with “maliciously publishing false news” and found guilty in 2003 after a seven-year trial. But her trials, courtesy of the government, continued outside the court. They are well-documented in local newspapers and even some outside.

In this sort of twisted persecution when politicians abuse their powers in government to prosecute the innocent who help others against the politically connected, Irene is no different from Penang Chief Minister Lim Guan Eng when he was jailed for not dissimilar reasons.

As with Opposition leaders Anwar Ibrahim and Karpal Singh, what Irene’s political enemies could not achieve in the popularity stakes, they did by using the court to hamper her attempt to attain political office by turning her into a criminal, thus disqualifying her from running for Parliament.

While the wielders of power in darkness tried to tarnish her name, the enlightened world saw differently, and she was chosen in 2004 to receive a Right Livelihood Award, also referred to as the ‘Alternative Nobel Prize.’

A woman not filled with bitterness

I have met Irene twice, and regrettably, not more. The first was when my wife and I saw her in her office in Petaling Jaya when we visited Kuala Lumpur. My wife, a medical doctor, had always been interested in the plight of sex slaves and wanted to find out more from her about the subject.

Some months later, Irene and her husband and son were sitting in front of me as we shared dinner in a Chinese restaurant in Perth. I had asked her to give me a call when she visited her son in Perth and she did. Then I noticed that Irene had looked frail and had trouble walking and used a walking stick as aid.

During our dinner, my wife and I learned more about her work. I got a greater insight into her work and role and I remember a woman not filled with bitterness or one would expect to be full of acrid remarks for her cruel persecutors and political enemies after all the injustices she had been put through.

Instead she merely stated what was true regarding the plight of the migrants, what they were up against, and even in such normal discourses, it is difficult not to note the injustice of all she had undergone. But Irene had shown no ill-will toward her cruel persecutors and our conversation was about those who she helped.

She overcame what her persecutors had dished out to her and with her passing, the plight of the refugees becomes more urgent with the need for more people to stand behind the work of Tenanganita she began.

I had learned much from our brief time together and if I have regrets in life, surely one must be in failing to follow up with Irene because we were overtaken by other pressing things and soon lost touch with her.

As I write, I recall the strength of this remarkable woman in whose stoic countenance were etched the sufferings of a saintly woman, sufferings not the fruit of personal making but from helping the helpless in their pitiful plight. The troubles and sorrow of the suffering became as much hers. I was with greatness and regret not having realised it.

A life of many trials

Malaysia came to its senses when on November 24, 2008, justice Mohd Apandi Ali overturned Irene’s conviction of ‘maliciously publishing false news’.

For 13 years since her arrest and charging in 1996, Irene had lived a life of many trials, her passport was held by the court, she could not stand for parliament in 2004, and was the subject of many police visits to her office and questioning.

Yet I had observed she had not been shy in making timely and relevant comments when needed on the plight of migrant workers and refugees. In a place where many are cowed and timid, Irene roared like a lioness without fear and favour, and political correctness was not in her vocabulary.

In her quiet dignified manner, she seemed a tower of insurmountable strength on an unshakeable urgent mission. In fact, I see in her a regal quality that only great  people like Nelson Mandela and Mother Teresa display. Such people of conviction are rare these days.

Malaysia has many women of noble character who make their country a better place. They are the salt of the nation. Irene stood tall among them, if not above most, and has left a legacy that will be a challenge to match, if at all possible.

With other Malaysians and those who have been beneficiaries of her compassion and commitment, I share the grief of the passing of a great Malaysian and I know would have been a great friend had we had not let that opportunity slip.

My wife and I pass on our condolences to Irene’s family. Good night, Irene, good night – see you in the morning.

Inside Singapore’s Socio-Economic Success


April 2, 2014

Singaporean Finance Minister Tharman Shanmugaratnam  on Singapore’s Socio-Economic Success

port-of-singaporePort of Singapore

What Really Concerns China About Flight 370?


April 1, 2014

The biggest aviation mystery since Amelia Earhart disappeared isn’t over for Malaysian Prime Minister Najib Razak, and it may never be. Not with the families of the 154 Chinese passengers (out of 239 people) on board the missing Malaysian Air jet accusing his government of a cover-up. Not with puzzled observers around the world wondering how a government of a reasonably developed nation could be so inept. And not with Malaysians looking at a ruling elite that’s turned crisis management into a management crisis.

The biggest reason the fallout from Flight MH 370 may not be over for a long time might be because of China. Maybe the government of Asia’s most important economy really is livid at Malaysia’s handling of this tragedy. It’s hard not to think there also are ulterior motives at work.

Najib-Xi-Jinping-Malaysia-China-

Yes, Malaysia deserves plenty of blame, dragging out this painful human tragedy for too long. It took 16 days for its leaders to admit what most of the rest of the world figured out long ago: there would be no survivors of a plane crash somewhere far out in the Indian Ocean. In the interim, tales of stolen passports, confused and contradictory statements, fantastic theories about which political party the pilot supported, obfuscation about the Boeing 777′s cargo and daily press briefings by Hishammuddin Hussein — a man who should never again be allowed near a microphone — has tarnished Malaysia’s global brand for years to come. Malaysian Air telling some families that Flight 370 had “ended” was an added insult.

Yet China is doing its best to foster a sense of aggrievement, as if it has been intentionally wronged by this tragic accident. This is part of a broader pattern of exploiting international incidents for domestic gain. Think back to 1999, when NATO forces accidentally bombed China‘s embassy in Belgrade, or 2001, when a Chinese fighter jet and U.S. spy plane collided: China displayed a remarkable tolerance for public protests. Again in 2012, police stood by as protesters surrounded the car of then-U.S. Ambassador Gary Locke. Or take the giant anti-Japanese demonstrations of recent years. Small wonder Japan’s tourists now head to Taiwan and Hong Kong rather than Shanghai or Beijing.

China, of course, is a nation with little tolerance for civil disobedience or protests, particularly in central Beijing. Anyone who has strolled through Tiananmen Square could be excused for wondering if they had been transported to North Korea’s desolate capital, Pyongyang. But for the Communist Party, pointing fingers at foreigners supposedly doing China harm is an ideal way to deflect attention from corruption scandals, income inequality and toxic pollution. It doesn’t take much to suspect that this is what is driving much of the outcry over the loss of MH Flight 370.

It’s certainly not as if the control freaks who run China would have been more transparent than Malaysia’s leaders. More competent and efficient, perhaps. But more forthcoming or doing anything that might risk giving any clues about its military-reconnaissance capabilities? Not a a chance.

But what is China’s end game here? Are Chinese leaders really supporting the interests of the mourning families? Perhaps, but something else might be at play. Tolerating protests where demonstrators bellow wildly and irresponsible chants like “the Malaysian government are murderers” suggest that China senses an opportunity to claim the high ground from a rival for territorial claims in the South China Sea.

China has proven quite adept at getting and keeping such moral trump cards in its back pocket. Don’t be surprised if the country’s Communist Party leaders make a big deal of their MH Flight 370 grievance the next time they find themselves in a dispute with Malaysia.

To contact the writer of this article: William Pesek at wpesek@bloomberg.net.

To contact the editor responsible for this article: James Greiff at jgreiff@bloomberg.net.