Liu Xiaobo– A Warrior for Human Freedom


July 15, 2017for

Liu Xiaobo– A Warrior for Human Freedom

by Dean Johns@www.malaysiakini.com

“…we owe it to ourselves and our fellows to progressively throw off the chains we are born with, or into, or otherwise shackled with, and seize our freedom to be, and do the best we possibly can”.–Dean Johns

Like so many famous rhetorical flourishes that come to be regarded as self-evident truths, French philosopher, and writer Jean-Jacques Rousseau’s ringing declaration that “man is born free, and is everywhere in chains” is, on careful consideration, ridiculous.

Tribute to Madiba and Liu Xiaobo

In fact, the reality is entirely the opposite. We are all born in chains – chains of genetic inheritance, of infantile ignorance and impotence, and of the familial, physical, cultural, political and other environmental circumstances in which we find ourselves – and can either submit to being constrained by such chains or struggle against them to try and set ourselves as free as possible.

And this state of affairs seems to me to be nowhere more evident than in China, or what I prefer to think of as “Chaina”, on the grounds that its people have been enchained throughout history by an endless series of dismal dictatorships.

Mostly imperial dictatorships, of course, but currently one led by a Communist Party as dictatorial as any emperor could possibly be, and so deceptive as to try and pass itself off as the “People’s’ Republic of China” into the bargain.

When the people protest, however, it quickly reverts to the “Party’s Republic of Chaina”, as it did on the occasion of the notorious massacre of protesting students and workers in Tiananmen Square in 1989, and again following the publication of Charter 08 on 10 December 2008, the 60th anniversary of the Universal Declaration of Human Rights.

Liu Xiaobo, a hero of Tiananmen Square who had subsequently sought and found sanctuary in the US before courageously returning to China/“Chaina” to co-author Charter 08, was sentenced in 2009 by the regime to 11 years’ imprisonment for “inciting subversion of state power”.

And today, as I write this, it has been reported that Liu has died under guard in a hospital of cancer after being refused permission to seek treatment overseas for his illness.

Here, courtesy of Wikipedia, in honoured memory of Liu Xiaobo and in support of his fellow activists against the Communist Party overlords of the “Anti-People’s Republic of Chaina”, is the first paragraph of Charter 08, followed by a list of its demands of the regime:

“This year is the 100th year of China’s Constitution, the 60th anniversary of the Universal Declaration of Human Rights, the 30th anniversary of the birth of the Democracy Wall, and the 10th year since China signed the International Covenant on Civil and Political Rights.

“After experiencing a prolonged period of human rights disasters and a tortuous struggle and resistance, the awakening Chinese citizens are increasingly and more clearly recognising that freedom, equality, and human rights are universal common values shared by all humankind and that democracy, a republic, and constitutionalism constitute the basic structural framework of modern governance.

“A “modernisation” bereft of these universal values and this basic political framework is a disastrous process that deprives humans of their rights, corrodes human nature, and destroys human dignity.

“Where will China head in the 21st century? Continue a “modernisation” under this kind of authoritarian rule? Or recognise universal values, assimilate into the mainstream civilisation, and build a democratic political system? This is a major decision that cannot be avoided:

1. Amending the Constitution
2. Separation of powers
3. Legislative democracy
4. An independent judiciary
5. Public control of public servants
6. Guarantee of human rights
7. Election of public officials
8. Abolition of Hukou system
9. Freedom of association
10. Freedom of assembly
11. Freedom of expression
12. Freedom of religion
13. Civic education
14. Free markets and protection of private property, including privatizing state enterprises and land
15. Financial and tax reform
16. Social security
17. Protection of the environment
18. A federated republic
19. Truth in reconciliation

Of course, China is by no means alone in the world in urgently needing many, if not all, of these reforms for the sake of good government and honest governance on behalf of its citizens. Malaysia, for example, enchained as it has been for almost 60 years by its corrupt, illegitimate, and otherwise criminal UMNO-BN regime, has a crying need for items 1, 2, 3, 4, 5, 6, 9, 10, 11, 12, 13, 15, 16, 17 and 19.

And a great many other nations, from Russia, Pakistan, and all the other “-stans”, to a great many more similarly freedom-impaired countries in Asia, Africa and South America could do with many, if not most of them.

My own country, Australia, could perform much better, in my opinion, on points 6, 11, 13 and 15. And of course the United States, as the self-proclaimed world leader in government of the people, by the people, for the people, could well do itself and the rest of the free world a favour by electing a president capable of thinking coherently and telling or at least tweeting the truth.

But to end on a personal level, it is worth making the point that we are, all of us, part of the problem and thus capable of making ourselves part of the solution.

In other words, whether Chinese or whatever other nationality or ethnicity, we happen to be, we are all chainees of various false “faiths”, “beliefs”, “customs”, “prejudices”, and other mental bonds and restrictions that prevent us living up to our full human potential.

And thus we owe it to ourselves and our fellows to progressively throw off the chains we are born with, or into, or otherwise shackled with, and seize our freedom to be, and do the best we possibly can.

Book Review: Man or Monster? The Trial of a Khmer Rouge Torturer


June 27, 2017

BOOK REVIEW:

Man or Monster?: The Trial of a Khmer Rouge  Torturer

by Sharon Wu

Image result for Man or Monster? The Trial of a Khmer Rouge Torturer

Kaing Guek Eav, alias Duch, during trial proceedings at ECCC in Phnom Penh, Cambodia on 20 July 2009

In Man or Monster? The Trial of a Khmer Rouge Torturer, Alexander Laban Hinton examines the trial of Kaing Guek Eav, more commonly known as Duch, who oversaw the torture and execution of prisoners during the Khmer Rouge’s rule of Cambodia in the 1970s. Bringing together creative ethnography, fieldwork and interviews and drawing on personal experience, this elegantly written and nuanced appraisal tackles the challenge of assessing the complexity of its central figure’s crimes, life and character, while addressing larger questions of transitional justice. writes Sharon Wu

Image result for Man or Monster? The Trial of a Khmer Rouge Torturer

Man or Monster? The Trial of a Khmer Rouge Torturer. Alexander Laban Hinton. Duke University Press. 2016.

Perpetrators of mass crimes are easy to condemn, but harder to understand. Although their crimes may be evident, the degree of guilt and level of responsibility can be difficult to establish. This becomes all the more complex when the perpetrator is put on the stand. In his latest book Man or Monster? The Trial of a Khmer Rouge Torturer, Alexander Laban Hinton, a professor at Rutgers University and the founding director of the Center for the Study of Genocide and Human Rights, dives deep into the tribunal of Kaing Guek Eav, more commonly known as Duch, and elegantly tackles this exact challenge of sifting through the many shades of one mass criminal’s life and character.

From 1975 to 1979, Duch served as the Deputy and then the Chairman of S-21 (also known as Tuol Sleng), the genocidal Khmer Rouge regime’s most notorious political prison and security complex. As many as 20,000 prisoners passed through Tuol Sleng’s doors to be tortured and executed on Duch’s instruction. In July 2007, the Extraordinary Chambers in the Courts of Cambodia (ECCC) arrested him on charges of crimes against humanity, breaches of the 1949 Geneva Conventions and the murder and torture of over 12,000 prisoners. His eventual guilty verdict was delivered almost five years later in February 2012.

Image result for Man or Monster? The Trial of a Khmer Rouge Torturer

Khmer Rouge Brutality on Cambodians will never be forgotten

But what Hinton exposes is a man more nuanced than the sum of his crimes. Born in Kompong Thom, Cambodia, Duch began his career as a school teacher. He excelled in his studies, and was observed to be incredibly meticulous and hard-working in his professional and academic pursuits. Even at Tuol Sleng, prisoners and guards alike found him to be equally scrupulous and diligent in record-keeping, experimentation in torture methods and political education sessions. He memorised French poetry, had a wife and four children, acknowledged the severity of his crimes and publicly apologised before the courtroom. The duality demonstrated by these details muddled the public’s perception of Duch and had a clear impact on his trial. Hinton captures all of these intricacies.

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Only Cowards like Khmer Rouge  executioners dare take on innocent and helpless children

Like any other criminal of mass atrocities appearing before an international tribunal, Duch was presented with a range of dilemmas during his time as a murderous leader and again during his trial. Was he taking orders from the elite to save his own life or was he instrumental in ordering executions at S-21? Was he also a victim of the Khmer Rouge regime or was he complicit in carrying out its atrocities? Was he truly remorseful or did he publicly apologise in the hope of going free? In a shocking and bizarre  turn at the end of the trial, Duch ultimately redacted his public apology and insisted that he was not guilty for his crimes. This manoeuvre led victims and courtroom witnesses to ponder his actions as a former chairman and as a defendant. His involvement at S-21 was indisputable, but his degree of guilt and responsibility less so.

In focusing on this one particular case and this one peculiar man, Hinton further expands on the ECCC and the intricate process of bringing justice, truth and reconciliation to post-conflict Cambodia through legal mechanisms. He includes the trial’s extensive witness testimony and spoke directly with many victims, illustrating the spectrum of emotions they endured in watching the trial unfold. Unlike the ad hoc tribunals of Yugoslavia and Rwanda, the Khmer Rouge tribunal was a hybrid court that combined both Cambodian and international law, and incorporated legal practitioners from Cambodia and abroad. But like the ad hoc tribunals, the ECCC also witnessed its own share of politicisation, controversy and criticism. Hinton discusses the ECCC’s decision to try only five top Khmer Rouge officials, choosing to focus only on a handful of big fish and thereby limiting the reach of the court. He also mentions the ECCC’s failure to introduce certain evidence from the years before the Khmer Rouge’s regime. Many believe this information to be crucial to understanding the defendants, but it would also implicate the United States and other Western powers for their more controversial involvement in Southeast Asia.

Man or Monster? is more than a microhistory of one specific case. Not only does it offer a detailed overview of the Khmer Rouge as a rebel group or government, but Hinton also uses Duch’s earlier life to briefly walk us through postcolonial Cambodian history, from gaining independence to the strengthening of the Khmer Rouge under Pol Pot to US military involvement in the region. He then draws on Duch’s time at Tuol Sleng to elaborate on the Khmer Rouge’s operations, goals and ideology as well as the various crimes and atrocities committed under their direction.

Hinton trades traditional textbook jargon for a more literary and theatrical approach in examining these court proceedings. He inserts himself into the narrative, speaking directly about his interviews, his relationships with various actors of the tribunal and his memories of visiting the Tuol Sleng Genocide Museum in Phnom Penh. He succeeds in casting off dry academic and legal language, rendering this book easily readable and oftentimes thrilling. He tastefully describes the drama and intricacies of the courtroom and gives vivid personality to its many characters.

However, he falls short when discussing the actual decision to write in a more literary style. He addresses his own experimental approach three separate times — in the foreword, the final chapter and the epilogue — in each instance repeating what was already previously stated. In the last chapter, titled ‘Background: Redactic (Final Decision)’, he even writes, ‘I have tried to bear in mind the creative writing imperative “Show, don’t tell”’, and acknowledges his struggle to follow ‘this imperative’, which is at times evident. Nevertheless, these multiple explanations do not take away from the true success of the book.

Hinton does the reader a tremendous service by not reducing Duch to a single identity. The book is certainly not a sympathetic take on Duch’s character, but it is a concerted effort to create a multidimensional understanding of a complicated man acting in complicated circumstances. Duch was defined not only by his murderous actions, but also by his life before and after the Khmer Rouge. Hinton invites us to contemplate the notion that what one person, or even one nation, may think of Duch may not be an unequivocal truth, but rather one of many frames through which to examine him. Simply calling him a ‘monster’ is reductive and unhelpful: the label overlooks his agency, his actions and those of the individuals around him as well as the many dilemmas he faced in this perilous time period.

By using Duch’s trial as a case study, Hinton also addresses the many larger questions of transitional justice. How is a former war criminal reintegrated into a peaceful post-conflict society? How does a court best avoid politicisation? Do legal mechanisms truly deliver justice and foster reconciliation? These questions may never have definitive answers, but Hinton asks us to consider them regardless.


Sharon Wu is an MSc candidate in the Conflict Studies program at the London School of Economics. She received her undergraduate degree from New York University and previously worked for an independent publisher in the San Francisco Bay Area. Find her on Twitter at @sharonlxwu.

Note: This review gives the views of the author, and not the position of the LSE Review of Books blog, or of the London School of Economics.

http://blogs.lse.ac.uk/lsereviewofbooks/2017/05/08/book-review-man-or-monster-the-trial-of-a-khmer-rouge-torturer-by-alexander-laban-hinton/

Malaysia’s 1MDB, Abu Dhabi State Investment Fund Reach Repayment Agreement


April 25, 2017

Malaysia’s 1MDB, Abu Dhabi State Investment Fund Reach Repayment AgreementPassing the Buck to Malaysian Taxpayers with more to come

Malaysian state investment fund to pay $1.2 billion to settle part of its dispute with Abu Dhabi sovereign fund

by Bradley Hope and Tom Wright

http://www.wsj.com

Image result for IMDB --Screwing Malaysian Taxpayers

State investment funds in Abu Dhabi and Malaysia struck an agreement to avoid potentially embarrassing arbitration proceedings related to billions of dollars that were allegedly misappropriated by a conspiracy of former executives and advisers to both funds, according to people with direct knowledge of the deal.

The agreement could ease tension between 1Malaysia Development Bhd., or 1MDB, and Abu Dhabi’s International Petroleum Investment Co., or IPIC, according to an agreement signed by the parties on Saturday, the people said.

The Malaysian fund agreed to pay $1.2 billion to IPIC, and both sides agreed to keep discussing a further $3.5 billion of disputed payments. A formal announcement on the London Stock Exchange, where IPIC bonds are listed, could come as early as Monday, the people added. News of the deal was earlier reported by the Straits Times in Singapore.

Image result for IMDB --Screwing Malaysian Taxpayers

Former IPIC Chairman Khadem Al Qubaisi, is now  is now in jailAbu Dhabi, but this Malaysian Chinese Arab is scot free because of his connections to Prime Minister Najib Razak

Malaysia and Abu Dhabi have been in a dispute since last year over who should foot the bill for billions of dollars that U.S. investigators allege was stolen from 1MDB. The money was allegedly funneled out with the help of former 1MDB executives and people close to the fund, as well as assistance from former senior executives of IPIC, U.S. prosecutors said in their filings.

The former chairman of IPIC, Khadem Al Qubaisi, is now in jail in Abu Dhabi, although he hasn’t been formally charged, while many of the alleged Malaysian conspirators are living overseas. They include Jho Low, a 35-year-old Malaysian who the U.S. Justice Department believes directed the fraud, and who has been living in Thailand and China.

Attempts to reach Messrs. Low and Al Qubaisi weren’t successful. Both have previously denied wrongdoing.

The Justice Department filed civil lawsuits last summer seeking to seize assets worth more than $1 billion—including mansions in Los Angeles and New York, as well as some of the rights to profits from the movie “The Wolf of Wall Street”—which it claims were financed with money from 1MDB. The department is building a criminal case against Mr. Low for alleged money laundering among other potential charges, according to people aware of the matter.

Image result for Najib Razak the Thief

This Man is  feeling the heat from Malaysian civil society–Tranquilizers could be keeping him from losing sleep or is it because he has a thick face?

Before the scandal was publicized in 2015, IPIC was a key business partner of 1MDB, helping guarantee $3.5 billion in bonds that Goldman Sachs Group Inc. sold for the Malaysian fund. Under the cover of these dealings, IPIC executives, including Mr. Al Qubaisi, helped Mr. Low and officials from 1MDB siphon billions of dollars from the fund, the Justice Department alleged. When a consortium led by Deutsche Bank AG pulled a loan to 1MDB over concerns about the collateral, IPIC stepped in with an emergency loan of $1 billion.

But as the scandal erupted, relations deteriorated between Malaysia and Abu Dhabi, and both sides began trading public accusations over who was to blame.

The agreement would repay the emergency loan that IPIC made to 1MDB, plus interest the Abu Dhabi fund paid when 1MDB was unable to service its bonds. Malaysia will pay IPIC about $600 million by the end of July and another $600 million by the end of December, the people said.

The agreement doesn’t resolve the $3.5 billion in funds 1MDB says it transferred to a shell company in the British Virgin Islands set up by Mr. Al Qubaisi and an associate. That shell company had a similar name to an IPIC subsidiary. Abu Dhabi says IPIC or the subsidiary never received the money; Malaysia claims the shell company was a de facto part of IPIC.

Hundreds of millions of dollars of 1MDB money also allegedly found their way into the accounts of Malaysian Prime Minister Najib Razak via a chain of intermediaries, including the disputed shell company, according to court documents. Much of that money was returned to the web of offshore companies from where it came, records show. Mr. Najib has said the money was a donation from Saudi Arabia and that most of it was returned. The Malaysian attorney general has cleared him of any wrongdoing.

A company controlled by Mr. Najib’s stepson, Riza Aziz, also received hundreds of millions of dollars originating from 1MDB and transferred to him by intermediaries, the Justice Department said. He has denied wrongdoing.

Negotiations between IPIC, 1MDB and the Malaysian government broke down on several previous occasions, including in January. Abu Dhabi merged IPIC with another state fund called Mubadala Development Co. earlier this year. The new fund is called Mubadala Investment Co.

Write to Bradley Hope at bradley.hope@wsj.com and Tom Wright at tom.wright@wsj.com

 

Malaysia: Harassment of Critics intensified


April 24, 2017

Malaysia: Harassment of Critics intensified

by John Berthelsen@www.asiasentinel.com

http://www.asiasentinel.com/politics/new-round-repression-malaysia/

Image result for Najib Razak --Harassment of OpponentsSorry Dad, I messed up Felda and stole billions from the rakyat(people)

Malaysian authorities have increased the pace of their harassment of critics, according to human rights organizations in Kuala Lumpur, which political analysts view as a prelude to early elections.

Ominously, five people have been kidnapped or disappeared and people are being arrested over Facebook postings and held for three or four days, critics say. Opposition websites and independent news publications have been warned to mute their criticism or face being shut down. The Chinese-language newspaper Nanyang Siang Pau was warned over a cartoon satirizing the Speaker of Parliament as a monkey and told to suspend the staff involved.

Image result for Malaysian :Parliamentary Speaker as a Monkey

Hudud Monkees–Pandikar Amin (Tak) Mulia and PAS Hadi Awang

A general election must be held before August 23, 2018. However, Parliament is expected to be dissolved sometime in August or September of this year in preparation for the polls, to allow time for slippage in case unexpected events take place, such as the possible prosecution in the United States of the scandal-scarred Prime Minister Najib Razak, who is under investigation by the US Justice Department’s kleptocracy unit on suspicion that as much as US$1 billion from the Malaysian state-backed 1Malaysia Development Bhd. investment fund found its way into his personal accounts.

“They have been warning people, there have been many arrests over Facebook postings, things deemed to be critical, not only of government but of government leaders,” said Ambiga Sreenevasan, one of Malaysia’s most prominent lawyers and civil rights advocates. “There is a general feeling that the government is not going to tolerate dissent.”

Image result for Malaysian :Parliamentary Speaker as a Monkey

By all rights, the government should be confident of a landslide in the upcoming polls. The opposition’s most charismatic figure, Anwar Ibrahim, languishes in prison on what human rights organizations have criticized as trumped-up charges of sexual perversion. Other leaders have been threatened with sedition or criminal libel. The opposition, led by Anwar’s Parti Keadilan Rakyat, is in disarray with one wing – the rural-based Parti Islam se-Malaysia, or PAS, having collapsed into two organizations, neither of which has much remaining clout.  The conservative wing has largely aligned itself with the government over religious issues.

Najib Running Scared?

But, according to Ambiga and other sources, the reason Najib may be running scared is Mahathir Mohamad, the 91-year-old former Prime Minister, Najib’s most implacable critic, who with other dissidents established Parti Pribumi Bersatu Malaysia, and set to woo away ethnic Malays from the United Malays National Organization.

Image result for Mahathir takes on NajibThe Malaysian Kantoi All Party Team

From the start, it seemed a lost cause. Mahathir has been attempting to dump Najib since before the 2013 General Election, with little effect. His son Mukhriz has been fired by Najib as Menteri Besar (Chief Minister) of the state of Kedah. Muhyiddin Yassin, the former Deputy Prime Minister and Deputy President of UMNO, was kicked out of the party. Others have been neutralized or driven out, while the remainder of UMNO chieftains have been bribed/bought to support Najib.

But, according to a political analyst, the key is the Federal Land Development Authority, or FELDA, which was founded to handle the resettlement of the rural poor, most of them ethnic Malays.

The government listed FELDA on the Malaysian stock exchange in 2012 and allowed the thousands of settlers – whose territory covers 54 of UMNO’s 86 seats in parliament – to invest in the shares. Because of a variety of missteps, the shares have fallen  in value steeply, impoverishing the settlers who bought into them. FELDA Global Ventures as the public vehicle is now known, may be forced to delist.

Mahathir and PPBM, which he calls Parti Bersatu against the wishes of the government, have capitalized on the discontent to the point where political analysts believe he will pull away a number of those UMNO seats, perhaps 10 or 11 – two of which are held by Najib’s lieutenants.

FELDA in Revolt

“Bersatu isn’t really viable, but he’s making inroads into the Malay areas,” said one knowledgeable source. “Two ministers – Ismail Shabri Yaacob in Pahang and Ahmad Shabery Cheek in Terengganu – could lose their seats. If they lose two ministers, Najib’s position is dicey.”

If the other opposition parties, including the Chinese-dominated Democratic Action Party and Anwar’s PKR, plus the shards of PAC – can do well, especially in the face of brutal gerrymandering by the government – perhaps they could pull 100 seats in the 222-member parliament.

That would mean the East Malaysia states of Sabah and Sarawak, whose representation in Parliament is outsized compared to their population, and which have been demanding a bigger share of oil revenues now flowing to the central government from their own areas, plus increased development, would be in a position to blackmail the government for more spoils.

Scorched-Earth Policy

New Round of Repression in Malaysia

 FELDA Settlers in Revolt–Costly to Najib Razak

Accordingly, according to Ambiga and sources who prefer not to be named, the government has embarked on a scorched-earth program to suppress dissent. The most troubling is the kidnapping or disappearance of five social activists, including the well-organized kidnapping and disappearance of a Chinese Christian pastor, Raymond Koh Keng Joo on Feb. 13 in the middle of Petaling Jaya, a suburb of Kuala Lumpur, whose car was rammed and who was driven away in broad daylight. As Asia Sentinel reported, “His disappearance and the lack of any news or ransom demand suggest he has likely been killed and his body disposed of.”

The others who have disappeared are social activists Peter Chong, Joshua and Ruth Hilmy and Amri Che Mat.

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In addition, Nalini Elumalai, the Malaysia representative of Article 19, an international human rights organization with a Malaysia chapter, said that “recent arrests, investigations and charges under the Multimedia & Communications Act 1998 (MCA) are becoming more and more frequent. This is no longer just a crackdown on public figures (i.e. activists, human rights defenders, opposition politicians or journalists), but the targeting of ordinary social media users, in what appears to be an exercise in clamping down on criticism.”

Article 19 in particular identified one individual who was arrested last week for carrying a placard and wearing a yellow T-shirt identifying him as a member of the election reform organization Bersih. His phone and other articles were seized.

“The arrest and confiscations represent a violation of the individual’s right to privacy and freedom of expression, as it targets him for expressing his opinion on government corruption.

Article 19 also specified the cases of the graphic artist Fahmi Reza, Malaysian cartoonist Zulkiflee Anwar Haque, known as Zunar, and Bersih Chairperson Maria Chin Abdullah under the Security Offences Special Measures Act (SOSMA), the organization said.

“There is grave concern about how SOSMA has been extended for another five years,” Ambiga said. “Maria [Chin’s] detention was a classic example of the abuse of security legislation. The detention under SOSMA of Maria was completely unacceptable. I anticipate a worsening situation for human rights in view of the elections. It’s going to be even dirtier than the last.”

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.

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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.

 

Bersih, BERSIH, Bersih–A Great Success


November 20, 2016

Bersih, BERSIH, Bersih–A Great Success

by Dean Johns

http://www.malaysiakini.com

BERSIH wants him to get lost

Here’s to success for BERSIH in its fifth public rally in support of its campaign for clean, free and fair elections in Malaysia.

Not that I, or I imagine anybody else, expects anything like success, at least in the short-term. But even false optimism beats succumbing to feelings of despair and defeat.

Though it must be terribly difficult not to concede defeat in the face of an electoral system so corrupt that it leaves Malaysians with no choice but to vote with their feet.

READ THIS:

http://www.huffingtonpost.com/the-conversation-global/malaysias-bersih-5-rally_b_13070788.html

Image result for Bersih 5 a great success

Bersih, BERSIH, Bersih

To either walk away from the criminal cesspit to which the UMNO-BN regime has systematically reduced the country, as millions of Malaysians including my wife and daughter have done, or to stay and walk the talk like the BERSIH marchers are doing on November 19.

Of course both sets of walkers are playing their parts in striving to perform the feat of forcing UMNO-BN to clean-up the disgusting mess it has made of the country in its greed for power and plunder, or to clear-out in favour of an honest, people-friendly government.

Countless Malaysian emigrants and expatriates around the world in Global BERSIH gather together to agitate, rally and march in support of their fellows back home.

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Congrats to Maria Chin, Ambiga, and Your Colleagues

And many work hard individually for clean, free and fair elections and clean, free and fair government for Malaysia.

My wife, for example, who as a Malay-Chinese married to a mat salleh is a living exemplar of multi-ethnic accord, is close to completing a PhD at Sydney University on the possibility or otherwise of Malaysian’s achievement of a unifying national identity despite UMNO-BN’s determination to maintain its domination of the nation by preaching unity but actually promoting racial and religious division and discord.

A PhD that wouldn’t be totally impossible to pursue in any of Malaysia’s local or internationally-affiliated universities, given their all-too-obvious domination by regime-friendly management and academic appointees.

Meanwhile our daughter, as dearly as she loves going balik kampong to spend time with her maternal relatives, has been inspired by the fact that she feels physically and spiritually ‘grubby’ every time she visits UMNO-BN’s Malaysia, to aspire to an eventual career in human-rights law.

My own motivation for at least metaphorically walking in support of BERSIH and indeed all other Malaysian organisations and individuals working to clean-up the malodorous mess that UMNO-BN has made of Malaysia by writing this Malaysiakini column for the past decade or so is both personal and a matter of principle.

Driven to seek the light

As vividly aware as I am of the unceasing power-struggles within our human psyches between opposing forces for either good or evil like virtue and vice, greed and generosity, creation and destruction, co-operation and conflict, truth and falsehood and so on, I find myself driven to support and seek the light along with those of my fellows who similarly try and avoid the dark.

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Dean Johns–Malaysia’s Mat Salleh Friend

And thus I’m delighted to declare my solidarity and write if not literally walk in step with BERSIH and its supporters, especially those with sufficient spine to stride out on the streets in demonstration of their disgust at government corruption and sundry other criminalities, rather than settling for complaining in secret.

All of which is a very long-winded way of saying that I wish all power to BERSIH in its latest street-march calling for Malaysians to be accorded their constitutional right to clean, free and fair elections, and by extension clean, free and fair government.

And conversely, all the bad luck in the world to every member, supporter and crony of the discredited UMNO-BN regime, from its alleged 1MDB-billionaire Crime Minister Najib Abdul Razak and his cabinet, through its Judiciary, Police Force and fawning mainstream media, on down to its very dregs, those dedak-hungry so-called red-shirts, all united in their efforts to keep empowering and enriching themselves and in the process sending Malaysia and Malaysians on the road to ruin.