China’s Investments–Geo-Political Implications for Malaysia


January 14, 2017

China’s Investments–Geo-Political Implications for Malaysia

by Dennis Ignatius

Image result for China's Investments in MalaysiaHe is praying for the best but not doing his best

China’s ravenous appetite for Malaysian infrastructure assets has resulted in yet another multibillion ringgit deal. In early January, a RM6.3 billion deal to redevelop and expand Penang Port was signed between two Chinese port operators (Shenzhen Yantian Port Group and Rizhao Port Group) and local partner, KAJ Development, a relatively unknown reportedly state-owned company incorporated in 2001.According to press reports, the project would increase the port’s ship handling capacity to 100,000 ships per year.

Dominating the transport sector

The Penang deal comes on the heels of KAJ Development’s RM30 billion Malacca Gateway Project with another Chinese conglomerate, Powerchina International Group. The Gateway project includes extensive land reclamation and the development of what is expected to be the biggest port in the region.

Image result for RM12.5 billion Kuala Linggi International Port

Barely 55 km away from the Malacca Gateway project, work has begun on the RM12.5 billion Kuala Linggi International Port project, funded by China Railway, Port & Engineering Group. When completed, Linggi port will become, according to a company statement, “the world’s preferred shipping hub in the Straits of Malacca” offering port facilities, storage and transshipment of crude oil and petroleum products and repair and bunkering facilities.

According to press reports, construction has gone ahead despite objections that the project could well be an environmental hazard. Not to be outdone, the Port Klang Authority is now planning to build another giant port on Carey Island which is expected to cost RM200 billion. According to reports, the transport ministry is in talks with China Merchants Group to finance the project.

On the east cost of Peninsular Malaysia, another Chinese company, Guangxi Beibu International Port Group already owns a 40% stake of Kuantan Port Consortium and is investing billions to double the port’s capacity. China is also a key investor in Sarawak’s Samalaju Industrial Port project.

At this rate, and given China’s already sizeable investments in our railway infrastructure, China will soon be the dominant player in Malaysia’s transportation sector.

Unanswered questions

Quite apart from the obvious security implications, China’s massive investments in ports and railways have also raised a number of concerns which have yet to be adequately addressed.

How much port capacity, for example, do we really need bearing in mind that we spent billions developing the Port of Tanjung Pelapas (making it one of the largest container ports in the region) and that not all of our ports are operating at fully capacity?

And how will other major port developments now being planned along the Malacca Straits, such as the mammoth Tuah project in Singapore and the China-funded Tanjung Sauh port in Indonesia’s Batam island impact overall capacity? It certainly looks like this whole port building frenzy has gone off the deep end, especially as no convincing argument has been made that such a significant increase in port capacity is even warranted.

Without credible feasibility studies and greater transparency, these projects could well end up like the Petroleum Hub project which was taken out of service in 2012 after the government had spent more than RM100 billion on land reclamation, costs which Malaysia’s long suffering taxpayers are now having to shoulder. 

It is also unclear what the actual financial arrangements are for many of these Chinese projects and what kind of concessions and guarantees Malaysia has had to offer. That some of these projects involve secret negotiations and secret agreements with companies that don’t appear to have much experience or which have been blacklisted by the World Bank, only adds to concerns about control, ownership, costs, viability and the potential for corruption.

And unlike earlier infrastructure projects where local companies retained significant oversight and decision-making authority, projects with China invariably end up with Chinese companies in charge of management, design, procurement and construction. Even the workers come from China!

Whatever happened to all our national policies about equity, local participation and transfer of technology? At the end of the day, it is hardly the kind of “equal, mutually beneficial, win-win” situation that the Chinese embassy here likes to brag about.

OBOR?

Image result for China’s One Belt One Road (OBOR) Initiative

The other thing about many of these Chinese projects is the constant reference by Malaysian politicians and businessmen to China’s One Belt One Road (OBOR) initiative. Suddenly, it is no longer about Malaysia’s national development goals or priorities but about whether or not it is relevant to OBOR.

It is perhaps a testimony to China’s increasing power and influence that many of our political and business leaders are now gamely parroting the Chinese line about how great and magical OBOR is and how fortunate we lesser mortals are to receive Chinese loans, Chinese technology and Chinese expertise to help build OBOR-related infrastructure.

What they don’t see or don’t want to acknowledge is that through clever financing arrangements, China is in fact getting us to pay for the infrastructure that it needs to establish economic primacy in the region. OBOR is primarily about China’s strategic national objectives; whatever benefits to Malaysia are purely incidental.

In the absence of a critical and in-depth assessment of whether these OBOR-related projects genuinely serve Malaysia’s interests and are worth the costs to Malaysian taxpayers, it would be ‘bodoh’ to acquiesce to it.

The geopolitical element

And let’s not be unmindful of the geopolitical considerations as well. Will we see Malaysian ports, for example, being integrated into the Chinese Navy’s regional infrastructure to support its growing naval presence in the region?

While the government is coy about the kind of naval access that has been given to the Chinese Navy for obvious political reasons, port calls by Chinese naval vessels are increasing. Two Chinese submarines, for example, quietly docked at Kota Kinabalu port recently while Chinese warships now regularly use other Malaysian port facilities.

Image result for Chinese Navy in the Straits of Malacca

China of the 21st Century is a nation of geo-strategic thinkers and state entrepreneurs–Keeping Asia secure and safe means China is safe too.

China is making strategic investments to fortify its position as the dominant player in the South China Sea with modern port facilities in ASEAN and expand trade in Chinese manufactured goods and services. It is using Malaysia to have important stakes in the Straits of Malacca (in Malacca, Penang and Johore ports). Why not, particularly when assets in Malaysia can be acquired on the cheap or profitable investments made  at inflated cost (for the benefit of corrupt UMNO and Barisan Nosional politicians). I am not against Chinese investments per se, but I am very concerned with deals done on a hush-hush basis by Najib and his cohorts. China’s moves in Asia does not end with the  South China Sea. It is back to the age-old objective of keeping the barbarians at the gate.–Din Merican

Of course, naval vessels from other countries regularly berth at our ports, and in itself is no cause for alarm. However, only China is aggressively pursuing territorial claims against Malaysia. For that reason alone, caution is called for. Does it make sense for us to facilitate the very naval force that is intruding into our waters, harassing our fishermen, laying claim to our reefs and islands and gathering data to support those claims?

Colony building

Image result for RM100 billion Forest City project

There are also growing concerns about the massive residential and commercial development projects that are being built with Chinese capital.

The RM100 billion Forest City project, for example, one of two being built by Chinese conglomerate Country Garden, will reportedly house more than 700,000 people in a development that will include office towers, parks, hotels, shopping malls and an international school.

Meanwhile, China state-owned Greenland Group is building office towers, apartments and shops on 128 acres in Tebrau, Johor, while Guangzhou R & F Properties Co. has begun construction on the first phase of Princess Cove, another mixed development along the Johor coast, with hotels, offices, parks, shopping malls and clubhouses.

Image result for bandar malaysia – china’s new regional capital

In Kuala Lumpur, China Railway Group (CRG) will be developing the mega Bandar Malaysia project which is expected to cost between RM160 – 200 billion. Bandar Malaysia will host the world’s largest underground city together with shopping malls, indoor theme parks, a financial centre, residential and commercial units as well as the RM8.3 billion regional headquarters of China Railway.

CRG is also involved in another RM2.1 billion project in Ampang to build 7,000 residential units as well as commercial and retail outlets. In keeping with the management practices of most China-based corporations, CRG has been appointed the main contractor with sole responsibility for monitoring, managing and supervising the day-to-day construction and operations of the project.

Reports suggest that these massive residential and commercial developments in Malaysia are being marketed mainly to PRC nationals who wish to work, reside or holiday in Malaysia. Country Garden, for example, has been aggressively promoting its Forest City project in China; it is already the 11thmost popular investment destination for Chinese home buyers on Juwai.com.

In addition, relatively cheaper living costs, affordable private medical facilities, a (mostly) smog- free environment and proximity to both China and Singapore, make Malaysia a preferred retirement destination for middle-class Chinese. China’s ageing population (240 million over the age of 60 by 2020) makes for a huge potential market that Chinese developers are hoping to exploit.

If the expectations of these China-based developers are realized, we could be seeing more than a million PRC nationals living in Malaysia within a decade.

Malaysians must ask themselves whether it would be desirable to see a huge influx of citizens from just one country establishing foreign enclaves here. It is not beyond the realm of possibility that these colonies could soon evolve into exclusive, semi-autonomous zones serviced and managed by PRC nationals for the benefit of PRC nationals.

What impact will this have on the social, cultural and political fabric of our nation? How will it affect property prices? How will any downturn in the Chinese economy influence the local property market? How much of the related infrastructure costs of these projects are being borne by Malaysian taxpayers? And what kind of concessions are being given to these property developers?

Viewed from almost any perspective, therefore, Malaysia’s burgeoning economic, political and military relationship with China ought to set off alarm bells across the nation.

Image result for bandar malaysia – china’s new regional capital

The combination of a rising power with global ambitions backed by an unlimited stash of cash buying up strategic infrastructure assets, on the one hand, and a local political elite bent on staying in power at all costs tethered to cronies more interested in profits than patriotism, on the other, could prove a fatal one.

Even in the best of circumstances, it would be simply too risky to allow any one country to dominate our economy and control critical infrastructure networks the way China is now set to do. It gives China too much power and influence in the affairs of our nation and it leaves us too indebted, too exposed to a country whose intentions must be considered with some circumspection.

How far will China go to protect its position?

One thing we can be sure of, though, if history is anything to go by: the more China invests in Malaysia, the more China will be tempted to intervene and meddle in our affairs to protect its investments and ensure its strategic position is not jeopardized. Indeed, China has already begun to do so.

In a statement just this week, the Chinese embassy lashed out at opposition leaders and others for questioning the government’s policies towards China, accusing them of having ulterior motives and instigating hatred against China and warned that “China will not allow anyone to jeopardize the mutually beneficial bilateral cooperation between China and Malaysia.”

Amazingly, the Embassy also dared to presume to speak for Malaysian Chinese when it suggested that such actions by the opposition would not earn them the trust of the Malaysian Chinese community.

Clearly, the Chinese embassy now feels it has the right to threaten our politicians, inveigh against those who raise questions about China’s investments and inject itself into what is essentially a domestic discussion.

Such brazen interference in our domestic affairs will only get worse. How far will China now go to stifle domestic opposition and criticism to its increasing role in our nation? Will it work behind the scenes to prop up local pro-China leaders in much the same way as the CIA did in other countries? 

The most pressing foreign policy challenge

Tellingly, while the Chinese embassy grows bolder, many of our own leaders remain silent despite blatant acts of interfere in our domestic affairs.

In the early years of our relationship with China, our security agencies were extremely concerned that Malaysia’s ethnic Chinese community might sell out to China; who would have thought we would end up in situation where many of our politicians and officials would be so blinded to the challenges that China now presents or worse still, resign themselves to the inevitability of some sort of Chinese domination?

One minister, for instance, recently remarked in his blog that “it is futile trying to resist China’s great march forward just like it was futile to resist Western colonialism 500 years ago.” He also said that China is buying up assets all over the world and that is something that “Malaysia needs to accept or else get left behind and perish.”

Let’s be clear: this is not about trying to stop China from rising or about shunning Chinese investments but about ensuring that we don’t get colonized again, about making sure that China does not get to the point where it controls our economy and is able to dictate policy as it already does in some neighbouring countries.

Whatever it is, Malaysians must not be lulled into a false sense of complacency by all the sweet talk of mega contracts, grandiose promises of prosperity and jobs or the effusive pledges of eternal friendship for that matter.

China is no different from any other big power and we would do well to be wary when dealing with it.

Image result for tun muhammad ghazali bin shafie

As the late Tun Ghazali Shafie, arguably the best Foreign Minister we’ve ever had, was fond of reminding us at Wisma Putra: small countries on the peripheries of a big power don’t have the luxury of taking anything for granted.

At the very least, we owe it to ourselves, and to future generations, to have a national debate on this, the most pressing foreign policy challenge we now face as a nation. And the Chinese embassy would do well to butt out of it.

 

 

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)

Image result for women empowerment

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.

Image result for woman graduates of the University of Malaya

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

_______________

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.

Image result for Working Graduate Mothers

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

 

Malaysians–You have the right to know the truth


January 11. 2017

Malaysians–You have the right to know the truth

Are you willing to fight for it? Nothing is for free.

by Mariam Mokhtar@www.freemalaysiatoday.com

Image result for Malaysia's Corrupt Prime MinisterThis Man was tutored by Dr. Mahathir to mess up Malaysia

You claim that you are desperate for change in Malaysia, but how hard are you prepared to work for it? You know that there can be no true democracy without a free press, but how have you contributed to the struggle for media freedom?

Leaders who are insecure or who grow crazy with power will seize control of the media to make it toe the government line. You know this already because most of what you read in the conventional media are glowing articles about the state of the nation despite the price hikes and the rise in crime rates that worry you.

Most law-abiding citizens fear those who threaten the peace. You feel helpless because you are prosecuted for “threatening the peace” with the innocuous remarks you make on Facebook while others who threaten to bathe the streets in blood get a light rap on the knuckles.

So you withdraw further into your shell. The quest for change becomes somebody else’s problem, not yours anymore.

Image result for Irwan Siregar

No wonder our national finances are in one big mess. We have this Siregar fella in charge of our Treasury while another mamak called Hamsa as head of our Blue Ocean civil service.

Meanwhile, you privately complain about the corruption scandals, the abuse of power, the waste of government resources, the tedious bureaucracy, the arrogant civil servants and the lack of accountability of MPs and senior civil servants.

You feel that it is the job of the opposition to effect change and unfairly call them weak when, in truth, they are severely handicapped by a lack of resources.

You compare Malaysian journalists with their foreign counterparts and complain that ours are meek because they refrain from asking tough questions, but when whistleblowers were hauled to court, journalists were harassed and jailed, editors threatened with sedition and publications blocked and threatened with closure, what did you do to help protect your right to know the truth?

Did you look the other way or did you harass your MP, write to the press, start an online petition or protest against the lack of press freedom? Or did you excuse yourself because you have a job to protect and many mouths to feed? Did you tell yourself, “After all, I’m not a journalist”?

You were probably saddened when publications were forced to shut down because companies feared to place advertisements with them and they were thereby deprived of revenue. It did not move you to donate money to keep them open. You somehow convinced yourself that it was not your job to fund others. You failed to see that if every one of several hundred thousand people like you were to donate a few ringgit, it would add up to a large amount of money.

Of course, you are desperate for change. Sadly, it is your inaction that fuels interference in your media.

Mariam Mokhtar is an FMT columnist.

The Malays are weak, says Dr. Mahathir.


January 10, 2017

The Malays are weak, says Dr. Mahathir. That’s rather bizarre logic

by S. Thayaparan@www.malaysiakini

“I’m a realist, I do what I can do, if I can’t do, I don’t.”

De facto Opposition Leader Dr Mahathir Mohamad

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What if I said that Malays have a lazy, rent-seeking culture, relying on political and social influence to gain wealth and unable to retain power despite all their special privileges? Would this be wrong? Would this be racist? Would this be seditious?

How about if former Prime Minister and now de facto Oopposition Leader Dr Mahathir Mohamad said this? Would it still be “racist”? Would this be considered some sort of truth telling? Would it make a difference when he said this last week or when he was Prime Mminister of this country?

More than a decade ago, in an UMNO General Assembly speech (which also coincided with a celebration of sorts – 21 years in office), Dr.Mahathir as UMNO President engaged in some “realist” assessment of the Malay community he had led for over two decades.

As reported by Malaysiakini, he claimed – “If today they (Malays) are colonised, there is no guarantee they will have the capacity to oppose the colonialists.” The former Premier said Malays had failed because they were lazy and sought the easy way out by reselling their shares, licences and contracts to non-Malays.

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“They cannot be patient, cannot wait a little, they want to be rich this very moment… no work is done other than to be close to people with influence and authority in order to get something. After selling and getting the cash, they come back to ask for more”,he said.

Therefore, there is a rather bizarre logic in his thinking when he said that he had no regrets about stifling dissent in young Malay people during his tenure. Bizarre because the former Prime Minister has never been afraid of using the stereotype of the Malay community as a means of galvanising support.

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And this extends to the other communities as well. Well by “others”, I really mean the Chinese community because as we all know the Indian community is absent from the discourse. In the same speech at the 2002 UMNO General Assembly, he also referenced the Chinese community – the very community that UMNO has always demonised as a threat to Malay hegemony but in reality, meant they were perceived as a threat against UMNO hegemony.

He said, “If we take out the Chinese and all that they have built and own, there will be no small or big towns in Malaysia, there will be no business and industry, there will be no funds for the subsidies, support and facilities for the Malays. Learn from the Chinese.”

Only Mahathir could balance such contradictions, playing the racial card against communities, including the one UMNO claims to represent. Which is why in Mahathir’s thinking there is really no reason why he should not be standing shoulder to shoulder with his former opponents in an attempt to bring down the Najib Abdul Razak regime.

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This is  truly bizzare

He really does not care what political pundits, who seek to remind people of what he did during his tenure, say because he knows that he then enjoyed the support of the majority of Malaysians and he did this using the kind of realpolitik that oppositional parties during his regime did not grasp or were uninterested in learning.

While some opposition supporters blather on about “truth and conscience” but offer no real evidence that these form the desideratum for oppositional forces in this country, the former prime minister has no problem twisting the facts on the ground or contorting social and economic realities to fit his narratives.

A clear example of this would be when in an interview, he acknowledged that discrimination was part of the system but that there were communities who thrived in spite of it – “The Chinese in Malaysia have no special rights, they experience discrimination. But they are more successful than us.”

This is exactly the system a Gerakan political operative was talking about when he mocked the opposition for subscribing to the same system as BN. And the same kind of thinking that for years sustained BN which led to the creation of the leviathan which in the Najib regime. We get the world we deserve.

Slaying sacred cows

And keep in mind that during Mahathir’s tenure, UMNO defined oppositional racial preoccupations because the slaying of UMNO sacred cows were the very definition (and still is) of any kind of egalitarian agenda that would truly “save Malaysia”. All those other so-called racial preoccupations, religious, social and economic are a direct result of the UMNO agenda and the mendacious ‘social contract’.

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Not True, Mahathir forgets easily

However, since the short-term goal of saving Malaysia means removing Najib, the real power brokers, those invested in the system – and they are not only Malays – would like to keep the gravy train moving, only with a different railroad engineer.

Unlike some oppositional voices who pontificate about “principles” or at least attempt to control the discourse, demonising those who dredge up so-called ancient history and engaging in victimhood to facilitate political expediency, the former prime minister is clear about the purpose of his alliance with the oppositional forces in this country.

As he told me when I brought up the trust deficit when it comes to opposition supporters and his new role as oppositional leader – “If Najib is there, the opposition will suffer. If Najib is there, even UMNO will suffer, the whole country will suffer. I think the opposition is not supporting me, they are interested in removing Najib. I have the same interest. It is okay to work together – only on that issue, not on other issues.”

Furthermore, he has had no problems claiming that he would slay Malay sacred cows for the benefit of the community – “I cannot predict how much longer this (affirmative action) will go on but at the moment, we are trying out… some kind of experiment… by withdrawing some of the protection in education,” he said. “We want to see whether they will be able to withstand the competition or not. Obviously if they prove themselves able to, we can think of reducing further some of the protection.”

This was always the stick component of the carrot-and-stick approach, and the former Prime Minster knew very well that affirmative action programmes had a deleterious effect on the Malay community.

Moreover, when he hinted that he would slay sacred cows, he was greeted with rapturous applause as some sort of truth sayer by the very same Umno who now endorse the Najib regime’s attempt to further consolidate power and engage with Mahathir’s sworn enemy, PAS.

But of course, now that the Malay community is fractured and the Malay opposition needs to reassure the Malay community, all those special privileges, all those affirmative action programmes, everything that the former prime minister said was holding back the Malay community, are off the table.

The only thing that discerning Malaysians have to take away from any of this is that Mahathir acknowledges that he failed to change the Malay community – “What else (can I do) … I have tried to be an example, tried to teach, scolded, cried and even prayed. (But) I have failed. I have failed to achieve the most important thing – how to change the Malays.”

When asked if there was anything he would do differently, he claimed that he wanted to be a “normal” UMNO member because he could not do anything for the Malays. Well, he is not even a member now and he is the power behind a nascent Malay power structure.

The big question is, will he fail again. More importantly, is changing the Malays really the agenda of the game for him or anyone else.

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’.

Image result for Justice NH Chan

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.

Image result for Malaysia's Judiciary

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.

 

My 2017 Wish–Din Merican


January 1, 2017

My 2017 WishGet Rid of Corrupt Najib Razak and all the Rubbish associated with him

Image may contain: 4 people, people standing, suit and indoor

 My Friends and I in Phnom Penh–We feel we can make the world a better and safer place through Education for All

It is only natural for all Malaysians to wish our country well. The reason is simple. We are Malaysia as Malaysia is not wood, brick and mortar. So, we can share the views expressed in the G25 Statement for the New Year. But my friends in G-25 who were once influential public servants are too polite as they have been all their lives. I will be blunt and direct.It is my style since politeness got me nowhere.

I want Najib  Razak removed as Prime Minister of Malaysia and he and all his Minsters and supporters thoroughly investigated, charged and punished for corruption and abuses of power. That means locking him up for life as the Guest of His Majesty The Yang Di-Pertuan Agong.  I like the incumbent Attorney-General (Apandi Ali) , Inspector-General of Police(Khalid Abu Bakar), the Chief Secretary to the Government ( Ali Hamsa), Secretary -General  to the Ministry of Finance (Irwan Siregar) and Bank Negara Governor (Muhammad Ibrahim)  sacked for dereliction of duty and sheer incompetence. These so-called Blue Ocean professionals are a disgrace so are our Judges who have failed to administer justice.  Because of poor leadership and horrible followership,  Malaysia has become a degenerate and soon to be a bankrupt nation.

Getting rid of Najib and everything associated with his toxicity is what we should do in 2017. That is my  New Year wish. I challenge all Malaysians to just do it, if and when Najib decides (and if he dares) to have GE-14 –Din Merican

G25 warns that a weak economy that is unable to generate sufficient income and employment opportunities will be dangerous to society.

COMMENT@www.freemaalysiatoday.com

malaysia-economy1_1

By G25 Secretariat

We are entering 2017 and the one wish that ranks higher than anything else in our hearts and souls for the New Year is that Malaysia will remain a peaceful country with all races living in harmony and respecting our diversity in culture and religion, confident that the rule of law will prevail to protect the rights of all citizens, in accordance with the guarantees under the Federal Constitution.

We hope that 2017 will bring more cheerful news about economic recovery to lift the people’s mood and give them a good feeling about the future. With the various restructuring and transformation programmes which have been introduced in the government, as well as in the corporate and financial sectors, the economy is on a strong footing for recovery as and when the global uncertainties fade away to revive business confidence around the world.

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Tan Sri Mohd Sheriff Mohd Kassim–Ex Secretary-General, Ministry of Finance and former Managing Director, Khazanah Malaysia Berhad now G25 member.

Malaysia is well aware why a strong economy is important. A weak economy that is not able to generate sufficient income and employment opportunities is dangerous to our society. It will attract the hate politics that use race and religion to destabilise the country, leading to extremists exploiting the situation for their own agenda. That is how one country after another in the Muslim world became failed states. The root cause is their failures to implement the right policies to generate growth, provide for the basic needs of their people and promote tolerance for religious and cultural diversity. Frustrated by the uncaring attitudes of their governments, which prefer to spend more time on religious politicking than on the economy, their educated youth turn to extremism to express their anger. This must not be allowed to happen in our country.

Our founding fathers created the constitution, introduced the Rukunegara and implemented the New Economic Policy to ensure Malaysia achieve rapid economic growth as this is fundamental for social progress and national unity. In every five-year development plan document, since the introduction of the NEP in 1971, there is a very strong emphasis on the link between economic growth and national unity. Thanks to our capable leaders, the country has developed so fast that we have graduated from a low-income country to becoming a high income country soon, a remarkable achievement by any standards. Economic development has brought stability to the country. Although much remains to be done in achieving the aspirations in the Rukunegara, we can be proud that we have built the economic foundation to strengthen our prospects for achieving national unity.

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G25’s Tan Sri Ahmad Kamil Jaafar–Ex-Secretary General, Ministry of Foreign Affairs (Wisma Putra).

The challenge for the country is to sustain the economic progress that has been achieved and make it more inclusive so as to win public confidence and support for the government’s development efforts. Inclusivity means recognising the rights of the lower-income groups for a bigger share of the national wealth and providing economic justice for all races. It also means tolerance for an open society with rights and freedoms for citizens to voice their disagreements with the government and to hold it accountable for its actions.

The government has adopted inclusive development strategies in its economic planning and in the annual budget. It is spending huge amounts of money and borrowing heavily to finance its development programmes for growth and equitable distribution among all segments of society. In doing so, it should be transparent in the management of the country’s finances so as not to repeat the recent scandals that have rocked business sentiments in the country and damaged its reputation as a well-governed country. In this regard, it is essential that Parliament, the judiciary and the institutions of law and order be empowered to provide the checks and balance in ensuring that good governance is restored at all levels of government and that those found guilty of corruption and unethical behaviour be brought to justice without fear or favour.

Image result for tan sri mohd sheriff mohd kassimDato’Anwar Fazal–Penang’s Famous and admired Civil Society Activist cum Environmentalist and G25 Member.

The government should move with the times to embrace civil society and a free media as partners in development. This will put our country as the best model in the Muslim world for making constitutional democracy meaningful to the people, transcending over race, culture and religion to create a united nation. With all races sharing a common destiny of economy development and social justice under a vibrant democracy, Malaysia can look forward to a bright future.

With these words, we wish all Malaysians a Happy and Prosperous New Year.

G25 is a movement of eminent Malay moderates.