Untapped Women Power: The key to a brighter Malaysia


January 12, 2017

Untapped Women Power: The key to a brighter Malaysia

by Dr. Anas Alam Faizli*

Received via e-mail from the writer)

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Free them to pursue their dreams and they will make Malaysia great again

THE High Income Nation ambition or the “number game” has been our central economic discussion for the past seven years. Countless policies have been crafted for this end game but the solution remains elusive.

I have a revelation. The key and the secret to achieve this lies within humanity’s other half; Women. Let me explain.

Women empowerment could potentially unlock an additional income per capita of approximately US$2,300 for the country; which will easily enable an overnight achievement of our target.

The preamble of the Universal Declaration of Human Rights mentioned that: “Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.”

However, the world is not ideal. It is true that all humans are equal, but some are more equal than others, and none more unequal than the status of women itself and everyone must be held responsible.

Women form one half of humanity, and are as equal to men in every aspect, except physical strength — hence, weaker sex, and more beautiful to look at — hence, fairer sex. Unfortunately, in this modern and progressive era, gender discrimination and stereotyping is still alarmingly prevalent.

Women in Tertiary Education

Image result for women in universitiesThis is what they do in Iran and Malaysia too is heading in that direction, thanks to our Ulamaks and UMNO salaried  Mullahs

The society at large has always been fast to dismiss women’s achievements. This also include women’s remarkable achievements in tertiary education; where women have shattered a glass sphere that was once only available to men.

This is not surprising considering tertiary education has traditionally been dominated by men throughout the centuries. Some have even argued that this is due to the simple fact that there are more women nowadays compared to men.

Data, however, contradict this. According to the Department of Statistics Malaysia (DOSM), as of 2016, Malaysia’s gender ratio indicates that there are 107 males to every 100 females. That brings the actual figure of 16.4 million males and 15.3 million females in Malaysia. Over the past decade, there has been a big shift in the gender balance; women have begun to outnumber men in university enrollments.

This global trend is seen not only in developed countries such America and Europe, but it also prevails in Asian countries such as Brunei, China, Philippines, and Indonesia; with Malaysia being an extreme case in the region.

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In 2015, close to 55 percent of higher education intakes (public and private universities, community colleges, and polytechnics) were dominated by females at 280,296 versus males at 230,858. Females showed a higher domination in public universities’ intake at 106,277; equivalent to 63 percent, versus males at 61,850.

Note: On November 4, Nancy Malkiel, Professor Emeritus of History at Princeton visited Churchill College to give a talk to launch her new book “Keep the Damned Women Out”: The Struggle for Coeducation — exploring the decision in the 1960s and 70s by several Ivy League universities in the USA and colleges in Cambridge and Oxford to ‘go mixed’.

Her research took her to the archives of the three Cambridge colleges that were the first to go co-educational: Churchill, King’s, and Clare.

Churchill College is proud of being the first men’s college in Cambridge to decide to admit women. So it is salutary to remember that it was the last Cambridge college to be founded for men only. What was unexceptionable in 1960 had become unthinkable by 1970. A wave of reforms swept through higher education, and coeducation was one element in a multilayered revolution. On the larger canvas, Churchill’s decision in 1969 was unremarkable. In just five years, 1969-74, dozens of colleges on both sides of the Atlantic ‘went mixed’, including Princeton, Yale, Dartmouth, and Vassar, and three Cambridge and five Oxford colleges. The momentous decision at Churchill is set in the wider context in an impressive new book by Nancy Weiss Malkiel, ‘Keep the Damned Women Out’: The Struggle for Coeducation (Princeton University Press).

Nancy Malkiel speaking to a seated audience in the Churchill Archives Centre

Professor Nancy Malkiel speaking at Churchill College, November 4, 2016.

She argues that, on both sides of the Atlantic, the move to coeducation was largely inspired, not by high principle, but a desire for positional advantage. Colleges were worried, as ever, about their competitive edge for the best students. Young people increasingly did not want to be at single sex institutions. In Britain, whereas Cambridge had just 10 per cent women among its undergraduates in 1965, the new universities reached ratios of around 40 per cent. Admitting women was part of a wider move toward diversifying student cohorts. In the USA that typically involved religion and race (Jews, Catholics, African Americans), in Britain it meant school background (grammar instead of public schools). There was little high-minded talk about justice and equality, and, in so far as general principles were expressed, it tended to be the language of national efficiency: avoiding wastage by exploiting a larger pool of young talent. The primacy of the competitive edge expressed itself nowhere better than in Princeton’s chaotic scramble to admit women in 1969 so as not to be upstaged by Yale.

According to Malkiel, the switch to ‘coed’ was more difficult in the US than in Oxbridge. The alumni were far more powerful and controlled purse strings, and the male dining clubs were more intransigent (it took the New Jersey Supreme Court to force the Princeton clubs to open up). Her book is depressingly rich in examples of visceral hostility. A Dartmouth alumnus expressed the sentiment which she uses for the title of her book. Women students experienced condescension from staff and horrendous misogyny from male students, especially in initiation rituals. She argues that the change in Oxbridge was much smoother (though I think she’s too roseate about the lack of sexism there). True enough, Oxbridge had been educating women for a century, and, similarly, Harvard and Radcliffe had been interacting for decades, whereas at Yale and Princeton the change was more abrupt. One thing certainly made things easier at Churchill: nobody could say that the College’s 600 year heritage was being betrayed. (At Clare, the Master wittily and accurately retorted that in 1870 it had been said that allowing Fellows to marry betrayed a 500 year heritage and would ‘distract’ men from scholarship.)

The relative impacts of college heads, faculty, and students varied as drivers of change. In Oxbridge, college heads sometimes set the pace, especially Sir Eric Ashby at Clare College. At Churchill, the decision was forced by the Fellows against the opposition of the Master, Sir William Hawthorne, with the Senior Tutor Dick Tizard leading the way. When Alison Finch became the second female Fellow in 1972 Sir William told her, ‘Well, Miss Finch, I voted against the admission of women’.

In the early coed years, Yale and Princeton maintained caps on female numbers, declaring that the production of ‘leaders’ (which meant men) must not be diminished. There was a cap at Churchill too, with the parallel case that the College had been founded to produce ‘leaders’ for industry and technology. But the quota, like single-sex staircases, and female tutors for female students, soon lapsed.

It is good to see a key aspect of Churchill College’s short career now becoming the stuff of history books. Malkiel’s Ch. 21 takes for its title a remark by Sir John Colville to Sir Winston Churchill when Winston dared to suggest that maybe his new College could have women. That would be ‘like dropping a hydrogen bomb in the middle of King’s Parade’.

 — Mark Goldie, November 2016

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Nonetheless, their male counterparts have balanced out the numbers in private universities; where the ratio is close to 50:50. The same year also saw 169,198 females successfully graduating from higher education versus males at 120,596.

These numbers are showing that women are in the forefront in higher education. With over 50,000 more females whom have managed to graduate as compared to males in 2015 alone, imagine the existing disparity formed over the past decade.

Unfortunately, significant gains by women in tertiary education have not translated into better labour market outcomes. Aside from the teaching industry, women are not seen to be participating dominantly in the workforce nor as leaders in the corporate, legal, academic, economic or the political scene in proportion to the educational gain demonstrated.

Labour Force Participation Rate

In 2015, our women’s labour force participation rate was at a modest 54.1 percent (out of the total 9.9 million potential women labour force), a far cry from the men’s rate of 80.6 percent.

This number has improved only slightly from 47.2 percent in the year 2000.

Aside from the formal sector, women are seen to be prospering in the informal sector where they are offered more flexibility in working hours.

Aside from the formal sector, women are seen to be prospering in the informal sector where they are offered more flexibility in working hours.

Our neighbours are faring better where women’s labour force participation rate for Myanmar is at 75.2 percent, Cambodia 78.8 percent, Laos 76.3 percent, Vietnam 73 percent and Thailand at 75.2 percent.We are left questioning, “Where have the women gone to and where are they now in our society?”

The next set of questions would be, “what are the socio-economic benefits in empowering women?” and “What are the challenges and how should we address them?”

A study by the World Bank on Malaysian women participation in the workforce found a pattern that suggested Malaysian women older than the age of 26 are more sensitive to life-cycle transitions as compared to other countries in the world.

Married women both in urban and rural areas have the lowest participation rate. Additionally, Malaysian women also retire earlier than their male counterparts.

The World Bank attributes this factor to women being caught in a “double burden” syndrome of managing both the home and caring for their children or the elderly. Another contributing factor to the labour force participation rate gap is that women that leave the workforce after the age of 26 will never return.

This is called a “single-peaked” profile. As opposed to other countries in Asia, an example being in Japan and Korea, they have “double-peaked” profiles; where there is a recovery in labour force participation after women hit the age of 35.

These conditions leading to a woman’s decision to remain or withdraw from the labour force must be assessed within the context of Malaysian cultural and social values to determine the appropriate policy environment and incentives to retain a larger number of women in the labour force after marriage.

Aside from the formal sector, women are seen to be prospering in the informal sector where they are offered more flexibility in working hours.

One of the most popular routes taken by these women are by conducting businesses through social media platforms.

Women in Politics, Local, and State Governments

Since our independence, Malaysian women have had the right to vote in elections and to hold public office. Today, women comprise one half of the registered voters and are active in political life. However, instead of being political leaders themselves, a majority of women have continued the trend of only engaging themselves primarily in raising financial support, turning out in full force during elections, carrying out routine tasks related to daily campaigning, and facilitating voter participation during the election process for their political parties.

The old-fashioned gender roles remain where women are adherent of male leaders and retain traditional positions in political parties. The number of women gaining electoral office in the federal and state governments is also dismal. Gender inequality still persist in this sphere, as indicated by the extremely low percentage of women at all levels of political office.

Malaysia ranks number 156 out of 189 countries in the number of women representatives in the national parliament at a dismal 10.4 percent or 23 seats of the total 222 parliamentary seats. The state assemblies also indicate a similar trend at a measly 10.8 percent or 55 seats represented by women, of the total 505 state parliamentary seats.

Perhaps Malaysia should take a cue from our neighbours, Vietnam (24 percent), Lao (25 percent), Singapore (25 percent), and the Phillipines (27 percent) where women have higher levels of political participation.

The same situation in the Executive arm of the Malaysian Government also transpires in the Legislature. Since 1957, the number of women ministers has never exceeded three and that remains as of today where of the 35 members Cabinet; one is a Women Minister and the other two are ministers in the Prime Minister’s Office. This scenario is similar across the board for all state governments while Terengganu and Sarawak have never appointed a female Exco.

The Pakatan Rakyat State Government in Selangor made a breakthrough when they lined up four women of the total ten exco positions in 2008. However, they did not do the same for Perak when they were in power, failing to appoint any female excos despite having the second highest number of women to the State Assembly and Selangor reduced their women excos to two in 2013.

Women are also observed to be given limited appointments as local authority council members where they are only appointed to 362 (14.1 percent) of the total 2,567 positions.

Women Leaders in Civil Service and Corporations

As of 2015, there are 718,044 (57.1 percent) women civil servants from a total of 1,257,166 civil servants in professional and support services (Grade 1-54), however in the top management tiers (Grade Jusa C and above), only 1,498 (37.1 percent) women made it from the total of 4,041 government servants.

Subsequently only 5 (11.4 percent) were appointed as director of government’s statutory bodies, 13 (31.7 percent) as deputy secretary-general and 7 (29.2 percent) as secretary-general.

While in corporations, according to Bursa Malaysia for the year of 2015, women held 26.3 percent of top management positions across public listed corporations. However, women only form 15 percent of the total members of Board of Directors in MOF (Incorporated) companies.

Women have previously held high positions as the Bank Negara Governor, Chairman of the Securities Commission, Managing Director of a Bank, Bar Council Chairman, Chief Executive Officers of Air Asia X and SME Corp, and many others. Women remain an exception in these positions and not the norm.

Women as Educators and in the Legal System

There are 421,828 teachers in Malaysia and close to 72 percent of them are women. However, only 3,580 (37.2 percent) women made it as the primary school master, or secondary school principal or the residential school principal out of the total 9,615 positions. There is a sizeable gap here considering the number of women teachers who made it into decision-making positions.

The same disparities persist in Universities, while there are 11,931 (56.6 percent) women lecturers of the total 21,077, and only 13 (19.12 percent) of 68 are appointed as deputy vice-chancellors and four (20 percent) of 20 are appointed as vice chancellors.

Women in the legal system are growing in numbers, which hopefully will be the key to inducing reforms that will improve the legal status of women. Women represent 3 (27 percent) out of the 11 judges in the Federal Court, 12 (41.4 percent) judges from a total of 29 judges in the Court of Appeal and 29 out of the 58 (50 percent) judges in the High Courts.

The Syariah courts are lagging behind where women represent only 8 (10.8 percent) out of the total 74 judges. In the legal practice, women form 8,551 (51.7 percent) of the total 16,537 lawyers.

Like teachers, there still persists a disparity in the gender ratio between junior and senior lawyers as opposed to female lawyers in partner positions and even in the executive committee of Bar Councils in the country. More women should be placed in decision-making positions.

Empowering Women for Socio-Economic Benefits

A study by the Organization for Economic Cooperation and Development (OECD) on Gender Inequality found that increasing the share of household income controlled by women changes spending in ways that benefit children and family as a whole. The study also found that increasing women and girls’ education contributes to a higher economic growth for about 50 percent in OECD countries over the past 50 years.

Additionally, another study by Dr Emmanuela Gakidou from University of Washington found that; for every one additional year of education for women of reproductive age, child mortality is decreased by 9.5 percent (based on historical data from 219 countries from year 1970 to 2009).

McKinsey & Company (2014) deduced that women’s economic equality is good for businesses. Companies reap bountiful benefits in terms of organisational effectiveness by increasing leadership opportunities for women.

Companies with three or more women in senior management functions score higher in all the measured dimensions of organizational effectiveness.

Women are able to perform better in this particular arena as they generally have higher aspirations and emotional intelligence.

If we are to be on par with the women labour participating rate of Singapore which is at 63 percent; an additional 1.4 million more women in the workforce are needed and if we are to use Canada as a model at 74 percent; that’s an additional 2.3 million women needed in the workforce. That’s only half from the total missing women in action of 4.5 million.

The World Bank estimated that the 2.3 million women missing in action from the workforce can leapfrog our income per capita by 23 percent from entrepreneurial activities (six percent) and “absent” women workforce (17 percent) translated to about US$2,300 per capita, which will enable an overnight achievement of the high-income status for Malaysia.

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Working Mothers Produce Better Sons and Daughters

A comprehensive study of 50,000 adults from 25 different nations by the Harvard Business School inferred an interesting result contrary to popular and admittedly traditional beliefs. The study found that growing up with a working mother improves future career prospects for daughters and sons and is unlikely to harm children socially and economically when they become adults.

Women growing up with working mothers show better performance in the workplace. They are more likely to hold supervisory responsibility at those jobs, and earn higher wages than women whose mothers stayed home full time.

But the study found no effect to their sons’ performance at work as men are naturally expected to work. However, sons of working mothers do better in domestic duties and spend more time caring for family members.

The study also found that sons who have working mothers spend nearly twice as many hours on family and child care as those hailing from more traditional households; a weekly average of 16 hours compared to 8.5 hours.

Barriers and Challenges in the Workforce

Where do we rank in the gender inequality charts? Malaysia ranks 111 out of 145 in the World Economic Forum’s Global Gender Gap Index. In contrary, based on the UNDP’s Gender Inequality Index (GII), Malaysia did better; coming in at 62 out of 188 countries. Regardless, there is still much to be improved.

A study by the United Nations have found that women bear disproportionate responsibilities for unpaid care work. Women devote one to three hours more a day to housework than men; two to 10 times the amount of time a day to care (for children, elderly, and the sick), and one to four hours less a day for paid labour.

This is similar to Malaysia. These differences, deeply rooted in gender roles, reduced women’s leisure, welfare, and well-being. As a result of these different domestic responsibilities, men and women have different patterns of time usage; periods of leisure and high activity.

These patterns have implications for women’s ability to invest in education, their ability to take up economic opportunities and entrepreneurship, and to participate more broadly in current economic, political, public and social life.

In Malaysia, 67 percent of women cite care and other familial and personal responsibilities as the reason for not being in the labour force, versus only two percent of men. This is a wide difference from EU’s 25 percent. This directly and negatively impacts women’s participation in the labour force in Malaysia.

Women are also more vulnerable to economic shocks considering a majority of women are employed in low and semi-skilled positions.

Salary disparity between men and women is still prevalent in Malaysia where women earn less than men in all occupational sectors, notably in elementary occupations in the range of between 10-40 percent compared to men. (Source: Salaries & Wages Survey, 2014)

Additionally, a safer environment for women to commute to work is also a challenge considering crimes, especially snatch thefts, are on the rise; with women being their primary target.

Discrimination against Pregnant Women

The Women’s Aid Organisation (WAO)’s Workplace Discrimination Survey found that 40 percent of women polled have experienced job discrimination due to their pregnancy.

The survey revealed that the top five ways used by employers to discriminate pregnant women are by making their positions redundant, denying them promotions, placing them on prolonged probation, demoting them, and terminating their jobs.

The survey also showed that about 20 percent of women have had their job applications rejected or job offers revoked after they disclose their pregnancy.

Survey results indicate that 30 percent of women are likely to delay their pregnancy plans because they fear losing their job or promotion. But only about one in eight women who have lost their jobs or have been looked over for promotions due to pregnancy, have actually lodged formal complaints.

Majority of women do not know their rights or fear backlash and harassment for speaking up. Additionally, both the Employment Act 1955 and the Industrial Relations Act 1967 provide very minimal relief, if any at all. Existing legal safeguards are insufficient and there are no specific laws in Malaysia that deal with pregnancy related discrimination.

Sexual Harassment against Women

Sex-based discrimination takes on many forms at the workplace and in public. Sexual harassment may include verbal, non-verbal/gestural, visual, psychological, and physical harassment.

As with pregnancy discrimination, there is no specific law in Malaysia that deals with sexual harassment. Currently, women can lodge a complaint under The Employment (Amendment) Act 2012 which has expanded the definition of sexual harassment and put into place legal ramifications for sexual harassment at the workplace.

Unfortunately, the law only applies for harassment in the workplace; which is, at most, limited. The act only covers women in employment and excludes those working in the informal sector.

Provisions in the Act also excludes many sections of the female community, such as Member of Parliament (MP)s who are sexually harassed by fellow male MPs, domestic workers by employers, students by teachers, nurses by patients, patients by doctors, and passengers by bus drivers.

The Federal Court in June 2016 made a landmark ruling paving the way for sexual harassment suits to be heard in civil courts beyond the current narrow limits dictated by the Employment Act and the judges too agreed that the Employment Act is insufficient.

Barriers and Challenges in Politics

There are five major obstacles that stand in the way of women who wish to participate in politics, namely, social perception of women’s leadership abilities, role conflicts, religious and cultural constraints, structural constraints within political parties, and finally, limited financial resources.

Structural constraints within political parties exist, where the existence of women are in subordinate status modes confined to the women’s wing within the parties; being only party auxiliary. The real power remains within the firm grasp of men who hold the gate to party positions and electoral candidacy.

Parti Keadilan Rakyat is paving the way for change with its woman party president and one woman vice president who is also in charge of its electoral candidacy. For supreme council members, Parti Keadilan Rakyat and Parti Maju Sabah are leading at 26.7 percent and 23.1 percent women representation while BERSATU, UMNO, MIC, DAP behind at 13 percent, 11.7 percent, 10.3 percent, 10 percent respectively and both PAS and MCA at 8.6 percent. AMANAH and UPKO most behind at 6.9 percent and 4.5 percent.

Furthermore, in politics, women face the same problem as in the workforce, carrying “double burden” which remains an inhibiting factor to their full political participation. These challenges result in lower women representatives in both federal and state legislature; providing direct causal effect to the number of executives in the government. So how do we move forward to face all the barriers and challenges in women empowerment?

Women’s Institutions and Decision Making

The Malaysian government in 1975 introduced the National Advisory Council on the Integration of Women in Development (NACIWID) as a machinery to mobilise women’s participation in development. It was tasked with advising the entire government on women’s issues.

In 2001 the Ministry of Women’s Affairs was formed with Datuk Seri Shahrizat Abdul Jalil acting as the Minister to solely focus on the development of women.

Three years later, the scope of the Ministry was widened to include family development and social welfare and the name was changed to its current name, Ministry of Women, Family and Community Development.

NACIWID has then been placed under this ministry and is called as Majlis Wanita. Instead of advising the entire government, it now only advises this one ministry.

To begin addressing women’s challenges and spearheading a way forward, the “toothless” Majlis Wanita must be revamped as the National Women’s Commission given the prime authority and power to direct, oversee, and monitor national implementation of Gender Equality and Woman Empowerment.

In accelerating women’s political leadership, an independent, non-partisan Women’s Political Institute must be set up to flourish and nurture women leadership abilities. More studies and institutes for women like the Kanita (Institut Kajian Wanita) at USM and the Gender Studies department at UM must be established and supported.

More women should be placed in decision-making positions in all spheres of life; politics, civil service, corporations and the general public.

The current simplistic target of having at least 30 percent women in decision-making positions in both the government and the private sector is beneficial. Unfortunately, we end up with an hourglass structure.

Women’s participation is observed to be heavy on top management (within the 30 percent target) and entry-level positions with hollow participation in between. More measures are required to strengthen the occupational pipeline.

Unleashing Women for a Brighter Future

While current initiatives to leverage and highlight women’s talent are laudable, other policy options must be explored, evaluated, and tailored, to enable Malaysian women to fully contribute to Malaysia’s transformation towards a high-income, inclusive, and sustainable economy.

Initiatives must be taken to end all forms of discrimination against women, to eliminate all forms of violence against women, to ensure women’s full and effective participation in all political, corporate and public affairs, to undertake reforms to equal rights to economic resources, and most importantly, to recognise and value unpaid care and domestic work.

Women are leading both in class and extracurricular activities over their minority men cohort within the higher education environment and it is pertinent for this to continue after leaving universities. A change in the stereotype of women as only housewives and child bearers must take a paradigm shift.

The status quo has been broken. Women are fast becoming income earners and providers equivalent to men but at the same time unpaid care work is not recognised. Women are tasked to work and at the same time no efforts are made to lessen their care burden. This is not healthy and is not sustainable.

In the long-term, prevailing social norms need to evolve for gender gaps to be bridged. A social re-engineering and going back to the drawing board is required to formulate the best solution for this new emerging social dynamic.

Gender sensitive education must start from school, enforced by the legal system, engendering government institutions, and also the authorities; including the police force.

Legal Support for Women

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted in 1979 by the UN General Assembly, is synonymous as an international bill of rights for women.

It has a prominent preamble and 30 articles, defining what constitutes discrimination against women and measures to end such discrimination.  As a ratifying member to CEDAW, Malaysia must integrate these articles into domestic legislation and enact the Gender Equality Act.

A revisit on existing legislation must be conducted to amend legislations which are discriminatory against women. Subsequently, every state must establish its own Gender Policy guided by pressing national concerns.

This will ensure Gender Equality will be mainstreamed in all policies and programmes from federal to state governments. Comprehensive laws must be in place to protect women from sexual harassment by enacting the Sexual Harassment Act.

Gender discrimination must be halted at all cost by penalising government departments or companies found to condone such acts and its perpetrators.

We need to protect pregnant women by adopting the Pregnancy Discrimination Act. Both Acts will provide legal protection to women and ensure that they feel secure at their workplace and in society, as a whole. Remember, anything that makes a woman feel inferior and takes away her self-respect is abuse.

Making Work Family Friendly

The existing tax relief for enrolling children aged 6 years and below to registered nurseries and preschools is not enough. Free nurseries at all government agencies and linked companies are severely required to assist in reducing the burden of childcare and to assist families in achieving work-life balance. This must be implemented in achieving a family friendly workplace.

As of 2015, there are 3,193 registered private child care institutions, and on top of that there’s 118 government offices and 24 private offices that provided child care. This illustrates a huge demand of private child care institutions that the government and private offices should be providing.

The government sector is slightly ahead compared to the corporate sector. Both are lacking in initiative and is largely failing to provide working mothers with better access to child care, flexible working hours and longer maternity and paternity leaves.

Childcare is a shared responsibility; which means that the attitude and treatment towards fathers will also need to change. More measures must be undertaken to ensure women have more social protection in the informal sector. This would drastically reduce the number of women leaving the workforce. Support must also be given to inculcate more women entrepreneurs.

To address the different needs between women and men, these issues have to be reflected in public transportation policy, healthcare delivery, women in politics, and strengthening corporations in promoting gender diversity.

Stakeholders’ Responsibility

All of the above calls for every stakeholder to relentlessly push for changes with full support from the government; including the agencies and the private sector.

Third party players from the civil society must be supported as they will be able to dive deep into the grassroots level, increase the awareness of Malaysians at large, and will be supplementing both the government and the private sector.

A prime example would be The Joint Action Group for Gender Equality (JAG), formed in 1985, a coalition of 12 non-governmental organisations that work towards gender equality by the Association of Women Lawyers (AWL), Women’s Aid Organisation (WAO), All Women’s Action Society (AWAM), Women’s Centre for Change (WCC), Tenaganita and others.

JAG must be credited for spearheading multiple campaigns and legal reform efforts, leading to the enactment of the Domestic Violence Act 1994 and the inclusion of “gender” under Article 8(2) of the Federal Constitution in 2001.

Emerging NGOs such as Lean In Malaysia, Women: girls, The G-Blog, and also a social media initiative like the Leading Ladies of Malaysia and others must also be supported and sustained.

There exists a huge socio-economic benefit of tapping into and unlocking women’s potential that this country badly needs.

*Anas Alam Faizli holds a doctorate in Business Administration. He is a construction and an oil and gas professional, a concerned Malaysian and is the author of Rich Malaysia, Poor Malaysians and tweets at @aafaizli‎

 

President Barack H. Obama’s Message of Hope to America


January 11, 2017

President Barack H. Obama’s Message of Hope to America

Farewell Mr. President and thank you for keeping your fellow Americans and  we citizens of the world free from  major conflicts over the last 8 years. Your legacy is intact and your administration is a difficult act to follow. May God Bless you, Mrs. Michelle Obama and family. Welcome to the 45th POTUS, Donald J. Trump. Dr. Kamsiah Haider and Din Merican

The text of President Barack Obama’s farewell speech Tuesday night (US time) in Chicago, as prepared for delivery.

Barack Obama: America–Land the Brave and The Free–is Exceptional

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It’s good to be home. My fellow Americans, Michelle and I have been so touched by all the well-wishes we’ve received over the past few weeks. But tonight it’s my turn to say thanks. Whether we’ve seen eye-to-eye or rarely agreed at all, my conversations with you, the American people – in living rooms and schools; at farms and on factory floors; at diners and on distant outposts – are what have kept me honest, kept me inspired, and kept me going. Every day, I learned from you. You made me a better President, and you made me a better man.

I first came to Chicago when I was in my early twenties, still trying to figure out who I was; still searching for a purpose to my life. It was in neighbourhoods not far from here where I began working with church groups in the shadows of closed steel mills. It was on these streets where I witnessed the power of faith, and the quiet dignity of working people in the face of struggle and loss.

 This is where I learned that change only happens when ordinary people get involved, get engaged, and come together to demand it.

After eight years as your President, I still believe that. And it’s not just my belief. It’s the beating heart of our American idea – our bold experiment in self-government.

It’s the conviction that we are all created equal, endowed by our Creator with certain unalienable rights, among them life, liberty, and the pursuit of happiness.

It’s the insistence that these rights, while self-evident, have never been self-executing; that We, the People, through the instrument of our democracy, can form a more perfect union.

This is the great gift our Founders gave us. The freedom to chase our individual dreams through our sweat, toil, and imagination – and the imperative to strive together as well, to achieve a greater good.

For 240 years, our nation’s call to citizenship has given work and purpose to each new generation. It’s what led patriots to choose republic over tyranny, pioneers to trek west, slaves to brave that makeshift railroad to freedom. It’s what pulled immigrants and refugees across oceans and the Rio Grande, pushed women to reach for the ballot, powered workers to organise. It’s why GIs gave their lives at Omaha Beach and Iwo Jima; Iraq and Afghanistan – and why men and women from Selma to Stonewall were prepared to give theirs as well.

So that’s what we mean when we say America is exceptional. Not that our nation has been flawless from the start, but that we have shown the capacity to change, and make life better for those who follow.

Yes, our progress has been uneven. The work of democracy has always been hard, contentious and sometimes bloody. For every two steps forward, it often feels we take one step back. But the long sweep of America has been defined by forward motion, a constant widening of our founding creed to embrace all, and not just some.

If I had told you eight years ago that America would reverse a great recession, reboot our auto industry, and unleash the longest stretch of job creation in our history . if I had told you that we would open up a new chapter with the Cuban people, shut down Iran’s nuclear weapons program without firing a shot, and take out the mastermind of 9/11 . if I had told you that we would win marriage equality, and secure the right to health insurance for another 20 million of our fellow citizens – you might have said our sights were set a little too high.

But that’s what we did. That’s what you did. You were the change. You answered people’s hopes, and because of you, by almost every measure, America is a better, stronger place than it was when we started.

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In ten days, the world will witness a hallmark of our democracy: the peaceful transfer of power from one freely-elected president to the next. I committed to President-Elect Trump that my administration would ensure the smoothest possible transition, just as President Bush did for me. Because it’s up to all of us to make sure our government can help us meet the many challenges we still face.

We have what we need to do so. After all, we remain the wealthiest, most powerful, and most respected nation on Earth. Our youth and drive, our diversity and openness, our boundless capacity for risk and reinvention mean that the future should be ours.

But that potential will be realized only if our democracy works. Only if our politics reflects the decency of the people. Only if all of us, regardless of our party affiliation or particular interest, help restore the sense of common purpose that we so badly need right now.

That’s what I want to focus on tonight – the state of our democracy.

Understand, democracy does not require uniformity. Our founders quarrelled and compromised, and expected us to do the same. But they knew that democracy does require a basic sense of solidarity – the idea that for all our outward differences, we are all in this together; that we rise or fall as one.

There have been moments throughout our history that threatened to rupture that solidarity. The beginning of this century has been one of those times. A shrinking world, growing inequality; demographic change and the spectre of terrorism – these forces haven’t just tested our security and prosperity, but our democracy as well. And how we meet these challenges to our democracy will determine our ability to educate our kids, and create good jobs, and protect our homeland.

In other words, it will determine our future.

“Our democracy won’t work without a sense that everyone has economic opportunity”.

Our democracy won’t work without a sense that everyone has economic opportunity. Today, the economy is growing again; wages, incomes, home values, and retirement accounts are rising again; poverty is falling again. The wealthy are paying a fairer share of taxes even as the stock market shatters records. The unemployment rate is near a ten-year low. The uninsured rate has never, ever been lower. Health care costs are rising at the slowest rate in fifty years. And if anyone can put together a plan that is demonstrably better than the improvements we’ve made to our health care system – that covers as many people at less cost – I will publicly support it.

That, after all, is why we serve – to make people’s lives better, not worse.

But for all the real progress we’ve made, we know it’s not enough. Our economy doesn’t work as well or grow as fast when a few prosper at the expense of a growing middle class. But stark inequality is also corrosive to our democratic principles. While the top one per cent has amassed a bigger share of wealth and income, too many families, in inner cities and rural counties, have been left behind – the laid-off factory worker; the waitress and health care worker who struggle to pay the bills – convinced that the game is fixed against them, that their government only serves the interests of the powerful – a recipe for more cynicism and polarisation in our politics.

There are no quick fixes to this long-term trend. I agree that our trade should be fair and not just free. But the next wave of economic dislocation won’t come from overseas. It will come from the relentless pace of automation that makes many good, middle-class jobs obsolete.

And so we must forge a new social compact – to guarantee all our kids the education they need; to give workers the power to unionise for better wages; to update the social safety net to reflect the way we live now and make more reforms to the tax code so corporations and individuals who reap the most from the new economy don’t avoid their obligations to the country that’s made their success possible. We can argue about how to best achieve these goals. But we can’t be complacent about the goals themselves. For if we don’t create opportunity for all people, the disaffection and division that has stalled our progress will only sharpen in years to come.

There’s a second threat to our democracy – one as old as our nation itself. After my election, there was talk of a post-racial America. Such a vision, however well-intended, was never realistic. For race remains a potent and often divisive force in our society. I’ve lived long enough to know that race relations are better than they were ten, or twenty, or thirty years ago – you can see it not just in statistics, but in the attitudes of young Americans across the political spectrum.

But we’re not where we need to be. All of us have more work to do. After all, if every economic issue is framed as a struggle between a hardworking white middle class and undeserving minorities, then workers of all shades will be left fighting for scraps while the wealthy withdraw further into their private enclaves. If we decline to invest in the children of immigrants, just because they don’t look like us, we diminish the prospects of our own children – because those brown kids will represent a larger share of America’s workforce. And our economy doesn’t have to be a zero-sum game. Last year, incomes rose for all races, all age groups, for men and for women.

Going forward, we must uphold laws against discrimination – in hiring, in housing, in education and the criminal justice system. That’s what our Constitution and highest ideals require. But laws alone won’t be enough. Hearts must change. If our democracy is to work in this increasingly diverse nation, each one of us must try to heed the advice of one of the great characters in American fiction, Atticus Finch, who said “You never really understand a person until you consider things from his point of view.until you climb into his skin and walk around in it.”

For blacks and other minorities, it means tying our own struggles for justice to the challenges that a lot of people in this country face – the refugee, the immigrant, the rural poor, the transgender American, and also the middle-aged white man who from the outside may seem like he’s got all the advantages, but who’s seen his world upended by economic, cultural, and technological change.

For white Americans, it means acknowledging that the effects of slavery and Jim Crow didn’t suddenly vanish in the ’60s; that when minority groups voice discontent, they’re not just engaging in reverse racism or practising political correctness; that when they wage peaceful protest, they’re not demanding special treatment, but the equal treatment our Founders promised.

For native-born Americans, it means reminding ourselves that the stereotypes about immigrants today were said, almost word for word, about the Irish, Italians, and Poles. America wasn’t weakened by the presence of these newcomers; they embraced this nation’s creed, and it was strengthened.

So regardless of the station we occupy; we have to try harder; to start with the premise that each of our fellow citizens loves this country just as much as we do; that they value hard work and family like we do; that their children are just as curious and hopeful and worthy of love as our own.

None of this is easy. For too many of us, it’s become safer to retreat into our own bubbles, whether in our neighbourhoods or college campuses or places of worship or our social media feeds, surrounded by people who look like us and share the same political outlook and never challenge our assumptions. The rise of naked partisanship, increasing economic and regional stratification, the splintering of our media into a channel for every taste – all this makes this great sorting seem natural, even inevitable. And increasingly, we become so secure in our bubbles that we accept only information, whether true or not, that fits our opinions, instead of basing our opinions on the evidence that’s out there.

Politics is a battle of ideas

This trend represents a third threat to our democracy. Politics is a battle of ideas; in the course of a healthy debate, we’ll prioritise different goals, and the different means of reaching them. But without some common baseline of facts; without a willingness to admit new information, and concede that your opponent is making a fair point, and that science and reason matter, we’ll keep talking past each other, making common ground and compromise impossible.

Isn’t that part of what makes politics so dispiriting? How can elected officials rage about deficits when we propose to spend money on preschool for kids, but not when we’re cutting taxes for corporations? How do we excuse ethical lapses in our own party, but pounce when the other party does the same thing? It’s not just dishonest, this selective sorting of the facts; it’s self-defeating. Because as my mother used to tell me, reality has a way of catching up with you.

Take the challenge of climate change. In just eight years, we’ve halved our dependence on foreign oil, doubled our renewable energy, and led the world to an agreement that has the promise to save this planet. But without bolder action, our children won’t have time to debate the existence of climate change; they’ll be busy dealing with its effects: environmental disasters, economic disruptions, and waves of climate refugees seeking sanctuary.

Now, we can and should argue about the best approach to the problem. But to simply deny the problem not only betrays future generations; it betrays the essential spirit of innovation and practical problem-solving that guided our Founders.

It’s that spirit, born of the Enlightenment, that made us an economic powerhouse – the spirit that took flight at Kitty Hawk and Cape Canaveral; the spirit that cures disease and put a computer in every pocket.

“a faith in reason, and enterprise, and the primacy of right over might”.

Image result for obama as commander in chief“To all who serve, it has been the honor of my lifetime to be your Commander-in-Chief.

It’s that spirit – a faith in reason, and enterprise, and the primacy of right over might, that allowed us to resist the lure of fascism and tyranny during the Great Depression, and build a post-World War II order with other democracies, an order based not just on military power or national affiliations but on principles – the rule of law, human rights, freedoms of religion, speech, assembly, and an independent press.

That order is now being challenged – first by violent fanatics who claim to speak for Islam; more recently by autocrats in foreign capitals who see free markets, open democracies, and civil society itself as a threat to their power. The peril each poses to our democracy is more far-reaching than a car bomb or a missile. It represents the fear of change; the fear of people who look or speak or pray differently; a contempt for the rule of law that holds leaders accountable; an intolerance of dissent and free thought; a belief that the sword or the gun or the bomb or propaganda machine is the ultimate arbiter of what’s true and what’s right.

Because of the extraordinary courage of our men and women in uniform, and the intelligence officers, law enforcement, and diplomats who support them, no foreign terrorist organisation has successfully planned and executed an attack on our homeland these past eight years; and although Boston and Orlando remind us of how dangerous radicalisation can be, our law enforcement agencies are more effective and vigilant than ever. We’ve taken out tens of thousands of terrorists – including Osama bin Laden. The global coalition we’re leading against ISIL has taken out their leaders, and taken away about half their territory. ISIL will be destroyed, and no one who threatens America will ever be safe. To all who serve, it has been the honor of my lifetime to be your Commander-in-Chief.

But protecting our way of life requires more than our military. Democracy can buckle when we give in to fear. So just as we, as citizens, must remain vigilant against external aggression, we must guard against a weakening of the values that make us who we are. That’s why, for the past eight years, I’ve worked to put the fight against terrorism on a firm legal footing. That’s why we’ve ended torture, worked to close Gitmo, and reform our laws governing surveillance to protect privacy and civil liberties. That’s why I reject discrimination against Muslim Americans. That’s why we cannot withdraw from global fights – to expand democracy, and human rights, women’s rights, and LGBT rights – no matter how imperfect our efforts, no matter how expedient ignoring such values may seem. For the fight against extremism and intolerance and sectarianism are of a piece with the fight against authoritarianism and nationalist aggression. If the scope of freedom and respect for the rule of law shrinks around the world, the likelihood of war within and between nations increases, and our own freedoms will eventually be threatened.

“So let’s be vigilant, but not afraid.”

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So let’s be vigilant, but not afraid. ISIL will try to kill innocent people. But they cannot defeat America unless we betray our Constitution and our principles in the fight. Rivals like Russia or China cannot match our influence around the world – unless we give up what we stand for, and turn ourselves into just another big country that bullies smaller neighbours.

“our democracy is threatened whenever we take it for granted.”

Which brings me to my final point – our democracy is threatened whenever we take it for granted. All of us, regardless of party, should throw ourselves into the task of rebuilding our democratic institutions. When voting rates are some of the lowest among advanced democracies, we should make it easier, not harder, to vote. When trust in our institutions is low, we should reduce the corrosive influence of money in our politics, and insist on the principles of transparency and ethics in public service. When Congress is dysfunctional, we should draw our districts to encourage politicians to cater to common sense and not rigid extremes.

And all of this depends on our participation; on each of us accepting the responsibility of citizenship, regardless of which way the pendulum of power swings.

Our Constitution is a remarkable, beautiful gift. But it’s really just a piece of parchment. It has no power on its own. We, the people, give it power – with our participation, and the choices we make. Whether or not we stand up for our freedoms. Whether or not we respect and enforce the rule of law. America is no fragile thing. But the gains of our long journey to freedom are not assured.

In his own farewell address, George Washington wrote that self-government is the underpinning of our safety, prosperity, and liberty, but “from different causes and from different quarters much pains will be taken.to weaken in your minds the conviction of this truth;” that we should preserve it with “jealous anxiety;” that we should reject “the first dawning of every attempt to alienate any portion of our country from the rest or to enfeeble the sacred ties” that make us one.

We weaken those ties when we allow our political dialogue to become so corrosive that people of good character are turned off from public service; so coarse with rancour that Americans with whom we disagree are not just misguided, but somehow malevolent. We weaken those ties when we define some of us as more American than others; when we write off the whole system as inevitably corrupt, and blame the leaders we elect without examining our own role in electing them.

It falls to each of us to be those anxious, jealous guardians of our democracy; to embrace the joyous task we’ve been given to continually try to improve this great nation of ours. Because for all our outward differences, we all share the same proud title: Citizen.

Ultimately, that’s what our democracy demands. It needs you. Not just when there’s an election, not just when your own narrow interest is at stake, but over the full span of a lifetime. If you’re tired of arguing with strangers on the internet, try to talk with one in real life. If something needs fixing, lace up your shoes and do some organising. If you’re disappointed by your elected officials, grab a clipboard, get some signatures, and run for office yourself. Show up. Dive in. Persevere. Sometimes you’ll win. Sometimes you’ll lose. Presuming a reservoir of goodness in others can be a risk, and there will be times when the process disappoints you. But for those of us fortunate enough to have been a part of this work, to see it up close, let me tell you, it can energise and inspire. And more often than not, your faith in America – and in Americans – will be confirmed.

Mine sure has been. Over the course of these eight years, I’ve seen the hopeful faces of young graduates and our newest military officers. I’ve mourned with grieving families searching for answers, and found grace in Charleston church. I’ve seen our scientists help a paralysed man regain his sense of touch, and our wounded warriors walk again. I’ve seen our doctors and volunteers rebuild after earthquakes and stop pandemics in their tracks. I’ve seen the youngest of children remind us of our obligations to care for refugees, to work in peace, and above all to look out for each other.

That faith I placed all those years ago, not far from here, in the power of ordinary Americans to bring about change – that faith has been rewarded in ways I couldn’t possibly have imagined. I hope yours has, too. Some of you here tonight or watching at home were there with us in 2004, in 2008, in 2012 – and maybe you still can’t believe we pulled this whole thing off.

You’re not the only ones. Michelle – for the past twenty-five years, you’ve been not only my wife and mother of my children, but my best friend. You took on a role you didn’t ask for and made it your own with grace and grit and style and good humour. You made the White House a place that belongs to everybody. And a new generation sets its sights higher because it has you as a role model. You’ve made me proud. You’ve made the country proud.

Malia and Sasha, under the strangest of circumstances, you have become two amazing young women, smart and beautiful, but more importantly, kind and thoughtful and full of passion. You wore the burden of years in the spotlight so easily. Of all that I’ve done in my life, I’m most proud to be your dad.

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” To Joe Biden, you were the first choice I made as a nominee, and the best. Not just because you have been a great Vice President, but because in the bargain, I gained a brother. “

To Joe Biden, the scrappy kid from Scranton who became Delaware’s favorite son: you were the first choice I made as a nominee, and the best. Not just because you have been a great Vice President, but because in the bargain, I gained a brother. We love you and Jill like family, and your friendship has been one of the great joys of our life.

To my remarkable staff: For eight years – and for some of you, a whole lot more – I’ve drawn from your energy, and tried to reflect back what you displayed every day: heart, and character, and idealism. I’ve watched you grow up, get married, have kids, and start incredible new journeys of your own. Even when times got tough and frustrating, you never let Washington get the better of you. The only thing that makes me prouder than all the good we’ve done is the thought of all the remarkable things you’ll achieve from here.

And to all of you out there – every organiser who moved to an unfamiliar town and kind family who welcomed them in, every volunteer who knocked on doors, every young person who cast a ballot for the first time, every American who lived and breathed the hard work of change – you are the best supporters and organisers anyone could hope for, and I will forever be grateful. Because yes, you changed the world.

That’s why I leave this stage tonight even more optimistic about this country than I was when we started. Because I know our work has not only helped so many Americans; it has inspired so many Americans – especially so many young people out there – to believe you can make a difference; to hitch your wagon to something bigger than yourselves. This generation coming up – unselfish, altruistic, creative, patriotic – I’ve seen you in every corner of the country. You believe in a fair, just, inclusive America; you know that constant change has been America’s hallmark, something not to fear but to embrace, and you are willing to carry this hard work of democracy forward. You’ll soon outnumber any of us, and I believe as a result that the future is in good hands.

“My fellow Americans, it has been the honor of my life to serve you.”

My fellow Americans, it has been the honor of my life to serve you. I won’t stop; in fact, I will be right there with you, as a citizen, for all my days that remain. For now, whether you’re young or young at heart, I do have one final ask of you as your President – the same thing I asked when you took a chance on me eight years ago.

I am asking you to believe. Not in my ability to bring about change – but in yours.

I am asking you to hold fast to that faith written into our founding documents; that idea whispered by slaves and abolitionists; that spirit sung by immigrants and homesteaders and those who marched for justice; that creed reaffirmed by those who planted flags from foreign battlefields to the surface of the moon; a creed at the core of every American whose story is not yet written:

Yes We Can.

Yes We Did.

Yes We Can.

Thank you. God bless you. And may God continue to bless the United States of America.

-AP

How uneven are our scales of justice?


January 9, 2017

How uneven are our scales of justice?

by Dr,Lim Teck Ghee@www.malaysiakini.com

Image result for Ambassador Tommy Koh of Singapore

Professor and Ambassadoor Koh is the first Singaporean to receive the “Great Negotiator Award”, given out by the programme on negotiation at Harvard Law School, which comprises of students and faculty from the university as well as the Massachusetts Institute of Technology and Tufts University.

COMMENT In an exchange with Tommy Koh at a seminar on ‘Japan as an economic power and its implications for South-East Asia’ in 1974, the Singaporean diplomat reminded me that members of the legal profession did not comprise members of the world’s oldest profession, perhaps only second. That’s probably untrue as they could be third or fourth on this list.

Whatever anyone’s opinion of lawyers derived from personal experience is – we should not forget that lawyers generally sell their services to the higher bidder – there needs to be concern about how unevenly tilted the scales of justice in Malaysia have become.

Image result for Dr Lim Teck Ghee

Surprisingly or not surprisingly, there has been little discussion of this important topic though we have had a courageous whistleblower, Justice NH Chan, who called attention to the shortcomings of some of his former judicial colleagues in his book, ‘Judging the Judges’, subsequently printed in its second edition as ‘How to Judge the Judges’.

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Although Justice Chan, who sadly passed away recently, directed his criticism principally against his senior colleagues, his reiteration of the fundamental underpinnings of justice administration resonate in its relevance to the entire judiciary and other members of the legal profession.

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Members of the Judiciary–The judge must be fair and impartial. At the same time, it is important that even litigants who lose should feel that they had a fair trial.–Lim Teck Ghee

To him, the epitome of justice is a fair trial and this requires that the judge must do justice according to law – “this is what the rule of law is all about”. The judge must be fair and impartial. At the same time, it is important that even litigants who lose should feel that they had a fair trial.

Justice Chan also felt that the public should have sufficient knowledge to enable them to judge the performance of the judges.

However, even when there is public scrutiny – which rarely happens except in the most attention-grabbing of cases, say one in every tens of thousands – it appears to be well-nigh impossible to bring anyone from the judiciary – from the lowest subordinate magistrate level to the highest level of federal supreme judge – to book for any abuse of power, corrupt practice or judgment or judicial behavior seen to be unfair or unjust.

The Royal Commission’s no-action decision on the notorious VK Lingam case serves as a good example.Being fair and impartial means that each and all members of the judiciary especially have to rise above the factors of class, race or religion in arriving at judgment. Do integrity and impartiality constitute the norm or is the judiciary – as with the rest of the civil service – influenced by extraneous factors in the cases they hear?

To what extent, for example, are members of the judiciary influenced or affected by the racial identity of the accused and/or of the lawyers in the cases they hear? Are they likely to be more lenient when sentencing members from the rich and powerful strata of society or from members of their own racial grouping?

Are they biased against those from the poorer classes who do not have the services of sharp and expensive lawyers to ensure that they get a fair trial or against those from different racial or religious groups?

Seldom raised in public realm

To my knowledge, these and similar questions have seldom been raised or discussed in the public realm. Colleagues from the legal fraternity to whom I have addressed this question in private, although generally agreeing that the judiciary is far from being independent or free from political influence, argue that the scales of justice are generally evenly and fairly administered in Malaysia in terms of the influence and impact of race and religion.

The most recent findings in the 2016 Rule of Law Index conducted by the World Justice Project appear to contradict this view. This is Malaysia’s score on the following components of civil and criminal law

Civil Justice

No discrimination – 0.5
No corruption – 0.5
No improper government influence – 0.38
Accessibility and affordability – 0.5

Criminal Justice

No discrimination – 0.51
Due process of law – 0.57
No improper government influence – 0.39
Timely and effective adjudication – 0.53

Source here, p110.

What the data by this organisation seems to indicate – the index is based on over 100,000 households and 2,400 expert surveys to measure how the rule of law is experienced, but we do not know the details of this sampling for Malaysia – is that one out of every two cases of civil and criminal justice in the country is tainted by discriminatory or corrupt action by the law enforcement agencies, including the judiciary.

Public attention – local and international – has tended to focus on issues related to fundamental rights and freedoms, constraints on government powers, and open government.

However in a robust and thriving democracy, it is equally important to ensure that the rule of law – as experienced in practical, everyday situations by ordinary people – is also subject to scrutiny and reform so that it is fair and impartial in all aspects.

A good example of such public examination is that recently conducted by British Columbia in its 2012 Justice Reform Initiative which resulted in a white paper and road map for justice reform in the state. We are sorely in need of such an initiative or minimally a clear and useful dialogue on this often neglected aspect of the Rule of Law. Perhaps the Bar Council can take the lead in this exercise.


LIM TECK GHEE is a former World Bank senior social scientist, whose report on bumiputera equity when he was director of Asli’s Centre for Public Policy Studies sparked controversy in 2006. He is now CEO of the Centre for Policy Initiatives.

 

Imagine a world without activists


December 28, 2016

Imagine a world without activists

by Stephen Ng@www.malaysiakini.com

Image result for Maria Chin and Ambiga

Free Riders Everywhere You Look

In the story, ‘Everybody, Somebody, Anybody, And Nobody’, the activists would not sit down believing that when “there was an important job to be done, Everybody was sure that Somebody would do it.”

Since the Prime Minister and his Cabinet Ministers apparently care little to look into a certain problem, despite being vested with the power to do so, the activists would not accept the fate that at the end of it all where Everybody blamed Somebody when Nobody did what Anybody could have done.

This is why the activists have to cause a stirring in a situation. Yes, although their frequent campaigns may make the people in the corridors of power feel uncomfortable, the activists play a very important role in parliamentary democracy.

When the activists are barking, the powerful individuals and the kleptocrats no longer enjoy the ‘peace and tranquility’ to rape the rich resources belonging to the Malaysian people. Suddenly, the people become aware of what is happening to the natural resources God has endowed on this country.

Testimony of a failed system

The system, along with the people in the corridors of power, be it the executive branch of the government or those who are tasked with a job to protect the welfare of the people and the nation, has somehow failed to deliver what it is designed to do.

The Malay proverbial saying, “Harapkan pagar, pagar makan padi” (it is disappointing when the fence is supposed to protect the padi, it ends up destroying the crop) is an apt description of our politicians today, especially on issues that do not attract votes.

This is why activists like Shariffa Sabrina, Henry Goh (Malaysia Nature Society president) and others like Clare Rewcastle-Brown (Sarawak Report) have come to the forefront to highlight issues relating to the shrinking tropical rainforests.

We have always believed that our democratic system is upheld by the executive branch of the government, the Judiciary and the Parliament; however, activists like the media are also a pillar that upholds and protects the democratic rights of the people.

Shariffa Sabrina, for example, entered into the limelight when she was arbitrarily arrested for allegedly highlighting some tropical rain forest clearing which caused degradation to the environment; her efforts have helped us become more concerned about the way our government has been managing natural resources.

In short, the activists are the checks-and-balances within the democratic system. They will not hesitate to criticise or expose a lie, if they can.

In her capacity as Peka president, Shariffa Sabrina does her work as a volunteer. Like most other activists, she has great passion for her work. It is unlikely that she would give up the cause. Despite the arrest, Shariffa Sabrina and Norhayati are adamant to continue with their campaign to stop the indiscriminate clearing of tropical rainforests.

They would not put down their spade, but continue digging and exposing the people responsible for the deforestation until a few feathers are ruffled, and good sense finally prevails.


STEPHEN NG is an ordinary citizen with an avid interest in following political developments in the country since 2008.