Unveiling Donald J. Trump – the Revolt against the Establishment


February 25, 2017

The HUFFINGTON POST.

 

Unveiling Donald J. Trump – the Revolt against the Establishment

Joergen Oerstroem Moeller, Visiting Senior Fellow, ISEAS-Yusof Ishak Institute, Singapore

http://www.huffingtonpost.com/entry/unveiling-trump-the-revolt-against-the-establishment_us_58accad3e4b0598627a55e1a

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Why are people turning their backs on the ‘Western’ model? The Reason: Donald J Trump making America Great Again

Why are people turning their back on the ‘Western’ model? How could it happen and even more so in such a short time span? While most of us associate the recent string of events to failed regimes or fictional story plots, it now haunts the U.S. – playing out like a reality show except the consequences are real and cannot be tuned out by a press on the remote control – however tempting that might be[1].

The elite has cut the link to the people, who retaliate by turning against the elite. A revolt!

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Conceptually industrialization was anchored in enlightenment, science, rationality, and logic. Ethically a higher degree of decency followed. The nexus was check and balances, which not only framed economic prosperity, rising equality and fairness, but also opened the door for the majority of people to influence political decision making.

Now, negative side-effects start to overrule the positive side of the model. Polls show that a majority of people in industrialized countries feel that their children will NOT live in a better world. Consensus and coalition building – the mainstay of the check and balances system – is no longer the plinth of our world order – world view, weltanschaung. Political correctness emphasizing tolerance and respect and crafted to block a repetition of 1914 to 1945 is now rejected yes ridiculed and cast aside. It is legitimate, in some places even laudable to vilify other people and advocate discrimination on the basis of ethnicity and religion.

Subjectivity has replaced objectivity blurring the difference between truth and non-truth. Between facts and made up figures. Today any viewpoint is legitimate. ‘My point of view is as good as yours!’ No insistence on evidence.

Industrialization.

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Adam Smith’s ‘The Wealth of Nations’ gave birth to economic theory explaining capital formation conducive to growth. The market – economic thinking and behavior – precipitated change and dynamics after centuries of near stagnation. Concomitantly economic policy started to guide the political system (liberal representative democracy) in its endeavors to control the economy and distribute wealth between capitalists and non-capitalists.

It was not a global model, but build around the notion of rich (insiders) and poor (outsiders). Countries could be ‘relegated’ (as was the case for Argentina one hundred years ago), but not promoted. Sometimes around 1975 the outsiders challenged the insiders. Promotion, incompatible with the model, started. The result quickly became competition for jobs, welfare, and resources on a global scale. The industrial age edifice began to crack.

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Philosopher  of the Enlightenment– John Locke

http://www.sparknotes.com/history/european/enlightenment/terms.html

Capitalism is a marvelous growth machine especially combined with globalization, but aberrations, distortions and negative side-effects must be kept under control. The challenge from the socialist/communist model did precisely that. When that challenge disappeared in 1991, the self-imposed barriers for egoistic behavior melted away. The dominating perspective became short-term profit defined by pure market economy disregarding potential or real negative societal side-effects – what an economist would label external diseconomies on a societal level/scale.

Globalization introduced economies of scale which:

– Generated enormous profits for multinational companies.

– Opened the door for minimizing tax by shuffling revenue and profits around among countries.

– Suppressed the wage share of Gross Domestic Product (GDP) in rich countries destabilizing and impoverishing their middle class.

– Dislocated manufacturing in rich countries; small-scale plants in local communities disappeared and people felt abandoned, desperate, and without hope.

The upside – enormously important – was that hundreds of millions of people in poor countries were lifted out of poverty.

The political problem gradually suffusing the agenda was that the negative side-effects were mainly, almost exclusively felt in rich and industrialized countries with the upside blessing Emerging Markets and Developing Economies (EMDE). Suddenly the dichotomy between ‘haves’ and ‘have nots’ changed dramatically – a complete reversal of roles.

Technology introduced the skills factor to determine distribution of income. Three groups of “workers” emerged. Those having the skills in demand asked for and got a premium. A thin layer. Those doing repetitive functions, the middle class, were squeezed. Those in lower paid service jobs were forced to accept lower wages under pressure from the middle class above them in the social strata now competing for their jobs and immigrants in social strata below them. In the U.S. wage differentials and inequality was falling 1920 to 1940, stable until the 1970s where after inequality started to explode – almost exactly at the time when Information and Communication Technology (ICT) plus globalization began to put its mark on the economy.

Social losers tried to be heard by voting for the opposition, but the opposition fared no better than the government because there was no answer. In reality government and opposition was the same side of two coins!

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University of Manchester Economics students aim to tear up free-market syllabus

And who are the losers? They are broadly speaking people unable or unwilling to cope with change – not necessarily unemployed or poor. In Europe and the U.S. many of them are found among the middle class being eradicated, disappearing as the stabilizing factor. Year 2000 US, Europe, and Japan accounted for 2/3 of global middle class. prognosis tells that year 2020 it will be about half and year 2050 about 15%. The privileged status built up over the industrial as skilled workers – the hero of industrialization and its main beneficiary – was suddenly taken away from them; other social groups or ethnicities fare better. Since 2007 close to ten million new jobs have been created in the U.S., but whites have lost one million jobs. This discloses the losers as white Anglo-Saxon protestant males powerful during the industrial age fighting almost literally to maintain their privileges.

They constitute a large segment of the population, but they are not the ‘people’. Did the British people vote for Brexit? No. Figuring in the turn out 38% of the electorate did. We read that the American people elected Donald Trump. Wrong. Hillary Clinton got almost 3 million more votes. Figuring in the turn out approx. 26% of the Americans voted for Trump. The depressing interpretation is that a large and growing share of the population does not find it worthwhile to operate inside the system. The system is not theirs! They vote against the system or stay away. The silver lining is that if the system – the establishment – can get the act together and deliver, those people may return. The game is not lost.

The future.

It is fascinating to reflect on how things will turn out, but foolhardy to put forward a picture of the world order to come. Mankind might cut the link to nature and live in a totally artificial environment – mankind may choose the opposite and opt for a return to stronger human relations while respecting the cycle of nature, as our ancestors actually did – or be so confused and bemused under the onslaught of globalization and technology that we end up with some kind of superstition like in the middle ages.

What we can do is to search for some fundamental trends controlling the future development; intercept them to build a system/model strong enough to keep the ship steady until the fog has cleared and a better view of where we are going beckons.

If civilization is a work in progress, we should mobilize discipline and self-discipline to rally people to a common purpose aiming at:

– Societies as a whole instead of egoistic behavior.

– Long term thinking/behavior instead of short-term effects.

– Sustainability instead of throw away consumption.

– A new kind of self-esteem among human beings with people feeling they are a spoke in the wheel contributing to society and receiving something in return.

– Mutual respects leaders – people instead of mutual disrespect and distrust.

The future main thread is common and shared values gradually crowding out economics as the main motivating force. The objective is a new social contract. The vehicle is communication via social networks. The playing field for communication becomes level instead of top/down or down/top or passive only (radio/TV). The social networks should belong to the people and used by the people. Neither commercialized nor allow concentration of knowledge opening for abuse of power.

Political system.

Power distance separates politicians’ values from voters’ values. In many countries, barely 2/3 of the electorate turns up signaling indifference. Membership of political parties tells the same story.

A lower power distance can be sought through roll back of centralization and concentration to lower power distance. Turn local communities into yes LOCAL and small communities; reject increasing returns borrowed from economics for public services. Look for solutions to combine social networks with human contacts. The service provider – welfare, education, and health – must be close to people to cater for their basic needs and not perceived as business.

There are innumerable challenges and opportunities embedded in social networks. In principle, they ‘should rally people to a common purpose’. In reality the opposite happens: Segmentation of public opinion through vociferous and importunate persons/groups hijacking the agenda. Social networks become divisive, disruptive, and increase power distance. Human contacts so vital a glue for unity and coherence fade away.

Segmentation/fragmentation comes into play as people communicate more, but with like-minded people. Those who contact us have analogous opinions. We search, maybe unconsciously, for opinions & views similar to our own ones. A closed-circuit network appears with people reinforcing one another in already held opinions eschewing contradictory information. It is no wonder that extremists’ views have established themselves and got a grip on the political agenda simultaneously with the explosion of social networks.

Using social networks anybody can try to set the agenda. If the message resonates with the public the cascade effect guarantees success irrespective of facts, objectivity, and merit. The ‘newcomers’ are proactive, offensive, snippy, aggressive, using rude/disparaging vocabulary, and dispense with objectivity, facts, and the truth. The establishment appears as reactive, defensive, even boring with politically correct vocabulary which does not strike a chord with the public – and do care about objectivity, facts, and the truth. Studies show that many, maybe most people decide in the split of a second based on instinct, intuition, own experiences and background. We live in a world dominated by a pressure of impression: Catch attention every day and use simple language. The attention span is short so select your audience and appear to be like them. Our ‘self’ is the template for judging others. This opens the door for tailor-made interference in people’s decision making. Recently Alexander Nix, CEO of Cambridge Analytica was quoted saying ‘we have a massive database of 4-5,000 data points on every adult in America’. Allegedly the company helped Trump to win.

The establishment can also use this model! And doesn’t because it has severed the links to the people.

Economic model.

Economics has always loved the idea of general equilibrium, but for the economic system only. Now a kind of societal equilibrium could be the objective.

Short term profits from a purely economic point of view distort the social fabric. Many people look – in vain – for stability and security – human security, economic security, and social security. After disruptive and explosive change over the preceding half century – a burst of activity rarely seen in history – there is a growing preference for calm down, digest, and find out how to use technology and globalization – instead of letting these two big forces, disruptive at that, steer where we go.

Relative prices reflect market perspectives rewarding short-term profit regardless of potentially negative societal effects (inequality, unfairness, and low social mobility), pollution, and depletion of resources. Incorporating societal effects other than economics the scoreboard in its entirety may not be profitable for economic operators – business. So it is not done.

Therefore, they should be changed to reflect these societal aspects. Making it expensive to use resources, punish pollution, and put a price on activities beneficial for society for example care for the elderly and couching children. The immediate objection is that such policies interfere in the market mechanism – the reply is: Yes, that is also the purpose. The market mechanism may have served us well, but can it continue to do so under different conditions? Can the market handle ‘less’ in a socially acceptable way? Doubtful.

Relative factor prices favor technology and robotics. Economically that makes sense. But not for those people losing their jobs. We cannot and should not stop technology and robotics, but provide jobs in labor intensive areas – among other things societal purposes – by remunerating such work.

The theory of the firm dating back to the 1930s explains why it is profitable – short term market economy profitability – to organize production within the firm (concentration and standardization/ uniformization) rather than relying on a multitude of contracts (de-concentration and diversification). Transaction costs become lower. Main advantage is to have the workforce inside the company – figuratively under one roof.

Information and Communication Technology (ICT) has shot that theory down. Now transaction costs outside the firm is cheaper than inside the firm mainly because of savings in overhead costs. Part time work and one person companies are going up – in some cases selling the product to firms instead of doing it inside the firm. It’s odd to read every month about employment and unemployment not taking into account how many people have left companies to do the same work outside companies.

The paradox is that the number of people employed by firms in rich countries goes down while at the same time concentration of finance and knowledge goes up not only shaking the established relationship between workforce and the company, but cutting the bond between firm and workforce, which was the core of the industrial age social contract. They are no longer indispensable for each other.

Conclusion.

The golden days of economic growth and distribution of wealth will not return. The creeping dehumanization and denaturalization is being questioned – is this really what we want? The shift to non-economic values cannot be integrated in the existing political system and economic model.

The challenge now is to keep societies together under burden sharing and adapt to stability and human security. Groups as an alternative framework for organization of societies enter the picture. The risk is that values and social networking break societies into a small number of groups with limited inter-group mobility – are you with us or against us? A kind of social immobility. The group serves as service provider – you cannot live outside the group. ISIL is an illustration of this as was the communist party. You belong to us forever.

The key is a social contract embodying

– The shift in preferences from economics as the dominant element to reflect societal values.

– A reinstatement of confidence and trust between politicians and voters.

– Building a bridge over the rising gap between interests of firms (owners and management) and interests of the workforce.

– Make the service provider visible in daily life, close to the people and increasingly delivering stability, security and peace at mind.

Joergen Oerstroem Moeller is Visiting Senior Fellow, ISEAS Yusof Ishak Institute, Singapore and Adjunct Professor Singapore Management University & Copenhagen Business School. Honorary Alumni, University of Copenhagen.

[1] ‘The Veil of Circumstance’ [ISEAS PUBLISHING, November 2016] offers a deeper analysis of the transformation our societies is undergoing.

(2). ISEAS –Yusof Ishak Institute. PERSPECTIVE. ISSUE: 2017 No. 11 ISSN 335 667

SINGAPORE 21. FEBRUARY 2017.

 “Trump and Brexit:  Some Lessons for Southeast Asia” by Joergen Oerstroem Moeller @ https://www.iseas.edu.sg/images/pdf/ISEAS_Perspective_2017_11.pdf.

Executive Summary

  • Donald Trump’s victory and Brexit illustrate that a considerable share of the population in the U.S. and Britain feel left behind, side-lined and neglected by recent globalising trends.
  • Despite their revolt, the establishment and the existing political systems have a chance to stage a comeback, especially if President Trump fails to live up to expectations of those who voted for him.
  • A surge in migration over the last 15 years in the US and Britain has also put the question of identity on the agenda. Although most countries can assimilate migrants over the longer term, a huge inflow of migrants in a short time span tends to generate serious negative opposition.
  • Rising unemployment in small towns in these countries has reinforced the identity problem, and initiated emigration to cities, undermining what were once stable societies and dilapidating their towns.

    Southeast Asian countries have lessons to learn from this development and should be aware of the risks involved as urbanisation in the region continues unabated.

End of summary.

 

 

Racist Politics in Malaysia–Blame the Whole Shebang


February 19, 2017

Racist Politics in Malaysia–Blame the Whole Shebang

by S. Thayaparan@www.malaysiakini.com

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It was obvious that bigotry was never a one-way operation, that hatred bred hatred!”

– Isaac Asimov, ‘Pebble in the Sky’

COMMENT: Readers interested in what I write should consider this a companion piece to my article describing how non-Malay Malaysians (specifically) are a tolerant lot.

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Mahathir’s First Carma (Cari Makan) Journalist–A Kadir Jasin

De facto opposition leader and former Prime Minister Tun Dr. Mahathir Mohamad casually mentioned last week that he was partly to blame for the demonisation of DAP. I suppose this went together with veteran journalist A Kadir Jasin’s admission that he was part of the brainwashing that went, and goes on, in UMNO. They say admitting you have a problem is the first step, but I doubt that the indoctrination of Malay youths will cease any time soon when the opposition is made up of Islamic groups determined to use Islam as a political tool.

I wrote the last part of the above paragraph after the opposition had suffered a setback in the by-election where the current UMNO grand poobah was supposed to receive a black eye but apparently, the opposition punched itself in the face. A reader had emailed and asked if the schadenfreude tasted good, especially since I had predicted the results.

I take no pleasure in any opposition defeat and neither do I take pleasure in a UMNO win. This is the bitter taste of having to choose between the lesser of two evils. Furthermore, when I say “evil”, do not get your panties in a twist because it is an expression and not a description of either political fronts. These days I cannot tell the difference between winning and losing when it comes to “saving Malaysia”.

As I have argued before, a country can recover from corruption scandals, but it rarely recovers from that type of Islam that neutralises the democratic imperative. In Malaysia, where race and religion are not mutually exclusive, the threat from Islamists is coupled with ethno-nationalism.

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The  First Malay Nationalist (or is it Racist?)

The de facto Opposition Leader is right when he says that he demonised DAP as DAP and other opposition parties had demonised him. However, the reality is that these political parties were not only demonising their political rivals, they were demonising entire communities.

So, when you want to win, and you demonise your political opponents, and by extension whole communities, the political terrain becomes a battleground for competing racial interests instead of ideological or policy ideas.

This is why I have always been sceptical of the opposition propaganda about voting across racial lines. In one of my numerous articles about race relations in this country, I wrote: “In addition, this idea that voting across racial lines as some sort of evidence of burgeoning multiracial solidarity is complete bunkum. The real test is when people vote across ethnic and religious lines in support of ideologies that run counter to the interests of their communities and by this, I mean egalitarian ideas that run afoul of constitutional sacred cows and social and religious dogma.”

While the former Prime Minister (and now de facto Opposition Leader) and the system contributed to Malay fear of DAP, the whole political system and voting patterns of Malaysians is also culpable for this sad state of affairs. UMNO succeeded because the majority of Malaysians voted for race-based parties. Racial preoccupations were the currency that sustained BN politics and still does.

The problem is that because we do not have an alternative, BN politics is the only game in town. Non-Malay oppositional voices and voters do not demand an alternative but rather that the system continues but in a more “fairer” manner.

DAP and MCA furiously battle for the Chinese vote. Meanwhile Malay-dominated so-called multicultural parties battle with UMNO and now PAS for the Malay vote. Until the former Prime Minister showed up, there was no central theme that united the Opposition.

While the charismatic Anwar Ibrahim and the late Tok Guru Nik Aziz Nik Mat discovered that populism does not necessarily mean racial or religious preoccupations when it comes to cobbling together a formidable coalition, the emergence of the former Prime Minister as the de facto opposition leader has given the current UMNO regime an opportunity to:

1) Revisit history.

2) Dredge up the financial scandals of the former Prime Minister.

3) Point out that their strategies for securing the Malay vote is based on his strategies that kept him in power for decades.

If anyone is wondering why questions of race always revolves around the Malay and Chinese dialectic, it is because… well, if you are going to ask this question, you have obviously not being paying attention.

All are participants in race game

When I argued that Malaysians were a tolerant lot, the thrust of the piece revolved around how systemic inequalities were a detriment to the non-Muslim population but I failed to emphasise how the non-Malay communities were active participants in the race game in this country.

Voting for race-based parties meant that we did not have to concern ourselves with egalitarian concepts that would have been the basis for a more democratic system. It was not that we were “immature” or “uneducated”, it was just easier to vote for a political hegemon that provided security and stability for decades but not the rights and responsibilities that are part and parcel of a functional democracy.

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UMNO’s Money Stealing Grand Poobah

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Tolerance may have been a one-way street, it was also the street where we stopped by the sidewalk and spat at the “Malays”. There is the other narrative of non-Malays engaging in subtle and overt racism, all the while supporting racial political parties that claimed inclusiveness.

The majority of us did this to ensure that our racial preoccupations were satisfied by a plutocrat class instead of demanding for an accountable and transparent government, but more importantly demanding for a principled opposition who fearlessly made their positions clear instead of championing communal causes under the guise of “multiracial/culturalism”.

The private sector was (is) dominated by Chinese polity who were perpetuating their own form of systemic inequalities and contextualising this reality as a response to the systemic inequality perpetrated by the UMNO Malay state.

While I think, there is generally “a live and let live” vibe between Malaysians, it would be a mistake to assume that this is some sort of national identity or some form of stable unity. I realise that this is political incorrect to say, but the hard truth is that while race relations have been manipulated by establishment (both UMNO and the Opposition), the reality is that there was always tensions between the various races of this country.

This is why talking about “race” in this country is such a demoralising endeavour. Appeals to emotion replace rational discourse. The fact that our constitution is compromised, the system itself is predicated on maintaining racial and religious superiority, makes any discussion about how the non-Malays react to such a system, their complicity in sustaining the system difficult to articulate.

The fault of UMNO and the Opposition is that nobody offered an alternative and Malaysians never expected anything better.

You know what the big difference is between the corruption scandals of UMNO back in the day and the one now is? The difference is that a vast majority of Malaysians kept voting UMNO-BN back then than they do now. This is a testament to not only the political strategies of Mahathir but also the apathy of the Malaysians. This of course is a boon for the Opposition because Mahathir seems to be the only person who can galvanise the opposition. The more things change, the more they remain the same.

 

Bank Negara Governor Jaffar Hussein–The Fall Guy in Forex Scandal


January 31, 2017

The Late Bank Negara Governor Jaffar Hussein –The Fall Guy in the Forex Scandal

COMMENT: The truth will always haunt those who abuse power, even if it can take ages before it is exposed. The Bank Negara forex  scandal is just a case in point.

Image result for tan sri dato' jaffar bin husseinMaybe he can help in the investigations

The government of the day must open investigations to uncover the facts of the case and those behind this scandal including bank officers in the Bank Negara Investment Department which managed the bank’s reserves who were protected by the former Prime Minister, Tun Dr. Mahathir bin Mohamad should be asked to testify before a Commission of Inquiry. Those who were entrusted with the management of 1MDB too should be treated in a similar fashion. –Din Merican

Nur Jazlan: Father-in-law quit for ‘someone else’s mistake’

by malaysiakini.com
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Nur Jazlan Mohamed has claimed that his father-in-law, a former Bank Negara Malaysia (BNM) Governor, the late Jaffar Hussein, had resigned for “someone else’s mistake”.

The Deputy Home Minister’s remarks came in light of former BNM assistant governor Abdul Murad Khalid’s claims that the central bank had lost US$10 billion in the foreign exchange market during former Prime Minister Dr Mahathir Mohamad’s era.

Murad said despite the heavy losses, there was no investigation into the matter. Jaffar, who served as the central bank’s governor from 1985 to 1994, resigned on April 1, 1994. He passed away four years later, in 1998.

His resignation followed his admission that Bank Negara had lost RM5.7 billion the previous year. “After 22 years, my late father-in-law’s story comes out. He resigned to cover someone else’s mistake,” tweeted Nur Jazlan.

The tweet was accompanied with news paper clippings, one on Murad’s revelation last week and an Utusan Malaysia report on the day Jaffar resigned, quoting the former governor as saying he made a mistake, posted side by side.

Image result for Bank Negara Governor Jaffar HusseinTan Sri Jaffar Hussein

Commenting further on his father-in-law’s resignation “to take responsibility for someone else’s mistake”, Nur Jazlan said this was rare in both politics and government in Malaysia, even today.

“Such misdeeds are usually brushed over for unity and stability’s sake to preserve the present order until exposed years later for expediency,” he added

Apart from Murad’s claims that Bank Negara had lost US$10 billion during Mahathir’s tenure as premier, declassified reports by the US Central Intelligence Agency (CIA) suggested that Mahathir’s government was also aware of Bumiputera Malaysia Finance’s (BMF) dubious dealings in the 1980s.

Mahathir had responded to the BMF allegations by accusing the CIA of conspiring against him.He also wrote a blog post to point out differences between the BMF and 1MDB scandals, such as that the CIA report on the BMF scandal did not implicate the Prime Minister.

Shameful Injustice


January 20, 2017

Shameful Injustice

by KJ John@www,malaysiakini.com

What is the cost of one human life? What if the person is an Islamic State (IS) terrorist? Does his life cost any less? What if the person is a Palestinian? What about an Israeli? Are there different rules of human value for different peoples? What would be that basis? Would it be colour or ethnicity or looks or brains? What then do we humanly mean by rule of law, in any state; is it not more like, all men are brothers, but some are more equal than others?

Recently, a court in Israel found a soldier “guilty of manslaughter, rather than murder”. I do not know the full facts of the case, nor am I really too interested in specifics, but suffice to know that I heard three versions of news reports on the matter; from Al Jazeera, BBC and CNN. To me, it was a simple case story of an act of cold-blooded murder.

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Elor Azria was the Israeli soldier charged with manslaughter after shooting a prone and wounded Palestinian assailant in the head.

All three channels spoke of “obvious and willing killing of the injured Palestinian with a shot through his forehead by that lone soldier”. It was a military court in Israel that found him guilty of manslaughter but my question is, why was it re-framed as “manslaughter” when it was obvious that the criminally convicted soldier knew that the Palestinian was already badly injured and “essentially captured”?

But this soldier still chose to put a bullet through the Palestinian’s forehead. Did we not already deal with such concerns at the Nuremberg Trials? Adolf Eichmann claimed he was following orders and was declared guilty by an Israeli court.

Culture of closing one-eye on facts

The scientific method of verification of truths in a modern court is based on two equally rational systems of fact-finding; one based on evidence-based facts, and then there is a due process of rule-making and decision-taking but all designed to questioning and challenging these methods for certainty assertion. The judges decide finally.

Therefore, when all such due processes are followed, in all matters, the question of how the judgment is received is moot and quite irrelevant! But, in the above specific case, my concern is that “the system had compromised justice even before the case started”. Why do I say this?

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Private Chelsea Manning who leaked classified information to Wikileaks was pardoned by President Barack Obama–A Controversy.

Why would the public prosecutor agree that the original charge made, after police investigations, to be reduced to manslaughter? Why would the Israeli military court allow such a negotiated compromise even before hearing the facts in this case? The soldier shot the injured Palestinian through the forehead 11 minutes after he was lying on the ground. It was murder by most definitions.

Is this ‘really showing grace’ or was this not really ‘an abuse of the due process of law?’ There are already international rules of conduct in public places under non-war conditions. Even if their Israeli mindset is in a constant state of war-mindedness, is such an act and visible breach of human law of mutual regard, by another human being, right, good, and true?

How then can an entire onlooker global and Israeli system choose to close one eye if the appeal of Israeli Prime Minister Benjamin Netanyahu to abrogate the verdict is subsequently taken seriously? Are we not creating and promoting a culture of obvious wrongdoing and closing one eye to all such wrongs?

High-level collusion for corrupt motives

Whether in Israel, or Myanmar, or ‘Melayusia’; are not a culture of collusion in favour of corrupt values, and the consequent abuse of democracy, a denial of our only real ideal?

In my current lived geography, quite unaware of what they are really doing, a group of vigilantes have been doing almost a similar thing, as follows:

1. Some volunteers formed a society and registered it with the Registrar of Societies (ROS). But their constituent members are only selective members (of only four roads) even though they claim to represent the entire community or settlement with their name ‘Katura’ or Kampung Tunku Residents Association which should theoretically represent all 30 roads of the Kampung Tunku settlement, and not just the selected four.

2. They claim to have got the Petaling Jaya City Council’s (MBPJ) agreement with their ‘illegal and unrepresentative proposal’ to create a pseudo-guarded community made up of only four out of 30 streets.

3. I have registered more than one complaint with the mayor, and another with the council and a third with the police and to date there is still no hope on the horizon for those of us who feel like Palestinians in an Israeli-claimed geography.

4. Recently also, all others who are badly affected by the programme’s road closures are also protesting. These three road closures are affecting drivers who access these roads to get to where they are going. My understanding is that such closures should only be at midnight, but obviously these vigilantes are self-made heroes, right? They follow their own rules.

5. My police report to police HQ by Internet filing no is: RMP.008579. They promised a response in three days and so I will choose to wait before I pursue the matter with them.

My core question to all in local governance is“when was security of our lives privatised to Nepali guards by the Royal Malaysian Police?” When was the Federal Constitution amended to make the this concession? Even the National Security Council (NSC) Act does not allow this, yet.

Privatising motives to ‘illegal others’

Ever since ‘the government’s privatisation policy’ was abused, over time, into a policy for cheating, stealing and lying (CSL), to achieve specific agenda of promoters, those perpetrators began a culture of cheating, stealing, and lying to cover their tracks. But such rape and theft continues unabated in spite of a change of government at the state level. Now, proofs are made available by the Malaysian Anti-Corruption Commission (MACC) arresting a secretary-general.

I have always labelled such an abusive policy, a ‘piratisation policy’, or a policy that seeks to use public assets and resources for private motives, including for a political party’s sectarian goals or agenda. Public Policy always exists to protect and preserve Public Interest.

Image result for Najib is Malaysian No 1 Official

The world-famous Malaysian Official 1 (MO1) is one classic case of such a ‘piratisation’ agenda as revealed by evidences from the US Justice Department (DOJ), the Swiss and the Singapore government agencies.

In fact in a different way, I heard even Dr Mahathir Mohamad say that “such stealing” was not so blatant under his governance of UMNO; he in fact even argued that he was always concerned that more than one trustee was appointed to manage all such UMNO funds. He also claimed that he never allowed such monies into private accounts of any one person.

Now, is my geography also adopting such a CSL policy with impunity? I have acted against these illegal actions every step of the way, in the last 30 years, but I have not been successful to stop this rot and growing culture of corruption. The sad reality is that such abuse has continued, even if at a slower rate, with a different political alliance leading the state. Nonetheless, it still appears like more of the same even if at a slower rate. Power does in fact corrupt all.

If Anwar Ibrahim was charged with abusing political influence wrongly, and for improper motives, my question to the MACC chief commissioner is, while you appear to be a new broom sweeping our dirt clean; why only pick on public servants and not yet the most important politician? And, especially those who by default have been proven to have abused public funds by putting them into personal accounts; even if unknowingly?

By the way, was tax paid for personal funds in the account held by MO1?

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We are Malaysians–Dumb Ones

As a Malaysian, I am also frankly tired of seeing everything wrong with every Israeli action but with an inability to seeing wrong with similar issues in our own country. Actually, we govern ourselves almost exactly like the Israeli’s govern their system with two different sets of laws; one for the governed and another for the governors.

Rakyat Malaysia, how can we change this form of mis-governance for the good of every citizen; and especially those who have greater needs?

Timor-Leste’s win against Goliath Oz


January 12, 2017

Timor-Leste’s win against Goliath Oz

by M. VeeraPandiyan@www.thestar.com.my

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Cristo Rei of Dili is a statue that depicts Jesus Christ on top of a globe, and is located in the capital city of the Democratic Republic of Timor-Leste.

The idyllic beauty of Timor Leste

A treaty that is unfair to one of South-East Asia’s poorest countries will be repealed to enable it to redraw a more realistic border with Australia.

I WAS in a village in Jakarta, Indonesia over the weekend and I was smeared by all and sundry.

This was a “smear campaign” of the joyous kind, though, held annually to mark the start of the year in Kg Tugu, near the port of Tanjung Priok.

The ritual is called Mandi Mandi but the water is only used to mix a beige talcum powder into a paste, which is then smudged on the faces of everyone, symbolising forgiveness in an atmosphere of fun.

The charming hamlet is the home of the descendants of slaves brought to Batavia (the old name for Jakarta) after the Portuguese lost Malacca to the Dutch in 1641. In later years, they were joined by others from the Moluccas, Celebes, Flores, West Timor and parts of India, Sri Lanka and the Philippines.

Now referred to as Keluarga besar Tugu (Big family of Tugu), they were once known as Mardjikers, a corruption of the Sanskrit Maharddhika meaning “prosperous”, which acquired the meaning of a free person in the region. The word Merdeka (independence), used in Malay and Bahasa Indonesia, can be traced to mardjiker.

In 1653, the original group of former slaves were offered freedom on the condition that they changed their faith from Catholic to Protestant. Eight years later, 150 people from 23 families were given a place to settle down.

Kg Tugu was then a harsh swathe of forests and mosquito-ridden swamps and many died from malaria. However, the community survived despite the odds and have kept part of their culture, traditions and music alive over the centuries.

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At the Mandi Mandi festival, the surprise presence of Xanana Gusmao, 71, the former guerrilla leader who led Timor-Leste to independence from Indonesia on May 20, 2002, made it a truly special event.

Yuk ke Atambua, Intip Pesona Wisata di Perbatasan RI-Timor Leste
Timor-Leste’s first President until 2007 served as Prime Minister for more than seven years before stepping down in 2015. He is currently Minister of Planning and Strategic Investment, a role overseeing the country’s quest for a better deal for its oil and gas resources from its bigger and richer southern neighbour, Australia.

East Timor was a colony of Portugal until it first declared independence in late 1975, only to be invaded and occupied by Indonesia until a UN-backed referendum in 1999 paved the way for independence three years later.

When I last met him in Malacca in June 2016, Gusmao was in the midst of resolving a bitter dispute over Timor-Leste’s maritime border with Australia through the United Nation’s 1982 Convention on the Law of the Sea (UNCLOS).

UNCLOS gives all coastal states the right to a 200-nautical-mile Exclusive Economic Zone (EEZ) from the sea surface to under the seabed.

Australia signed the convention in 1994 but in March 2002, two months before Timor-Leste’s independence, it pulled out of compulsory jurisdiction of international courts and tribunals on matters relating to maritime boundaries. In 2006, East Timor and Australia signed a treaty on Certain Maritime Arrangements in the Timor Sea (CMATS) but no permanent border was set.

Under the original pact, Timor-Leste received 90% of current oil revenues from the joint petroleum development area, and Australia 10%, but the further Sunrise IUA treaty gives Timor-Leste only limited claim over future exploitation of the larger Greater Sunrise field.

It prevented any negotiations on boundaries for 50 years, although the line should rightly sit halfway between the countries, placing most of the oil and gas in Timor-Leste’s territory.

In December 2013, Australian police and Security Intelligence Organisation officers seized files and computers from a lawyer advising Timor-Leste in the dispute over CMATS.

The lawyer, a former Australian Secret Intelligence Service (ASIS) agent, was reported to have prepared documents exposing Australian espionage to secure advantage for the country during negotiations for CMATS in 2004. His passport was cancelled, preventing him from travelling to The Hague, where the Permanent Court of Arbitration (PCA) was due to hear an application to cancel the treaty.

The ASIS agents, who pretended to be aid workers, bugged the walls of an office where ministers met, gaining information that gave Australia advantage in the negotiations before the treaty was signed against an impoverished and vulnerable neighbour.

Gusmao described the raids as “unconscionable and unacceptable conduct” and when Australia refused to return the documents, Timor-Leste filed for a hearing at the International Court of Justice in The Hague.

The episode sullied Australia’s “fair go” reputation and in September last year, the PCA agreed to take up the dispute.

On Saturday, before Gusmao’s face was smeared and he went around smearing others, he told me that things were going well and to expect a good announcement soon.

And on Monday, reports revealed that Australia had to eat humble pie. A joint statement from both countries said CMATS would no longer apply after three months.

“The Government of Australia has taken note of this wish and recognises that Timor-Leste has the right to initiate the termination of the treaty,” the statement read.

For now, it means Timor-Leste has won another “David vs Goliath” battle and the situation will revert to the 2002 treaty which set up the joint petroleum development area.

Media Consultant M. Veera Pandiyan

 

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

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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.

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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.