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Strategi 12 Mata sebagai Pelan Induk untuk Pakatan Rakyat menawan Putrajaya dalam PRU14

Kelmarin, saya telah mengemukakan soalan sama ada Pakatan Rakyat sanggup bangkit untuk menyahut cabaran bagi menentukan masa depan bukan saja Sabah dan Sarawak, malah Malaysia secara keseluruhan dalam PRU14.

Dalam kenyataan media saya sejak empat hari lalu, saya telah menjelaskan menerusi fakta dan angka bahawa ketiga-tiga parti Pakatan Rakyat DAP, PKR, dan PAS telah mencapai keputusan terbaik di peringkat parlimen dan negeri di Semenanjung, Sabah, dan Sarawak – dan untuk suatu tempoh berjaya menguasai lima negeri, iaitu Kelantan, Pulau Pinang, Selangor, Kedah dan Perak – menerusi kerjasama ketiga-tiga parti itu dalam Pilihanraya Umum tahun 1999, 2008 dan 2013.

Hari ini, saya ingin membentangkan strategi 12 mata berikut untuk Pakatan Rakyat sebagai pelan induk untuk membentuk kerajaan persekutuan dan menawan Putrajaya dalam Pilihanraya Umum ke-14. Continue reading “Strategi 12 Mata sebagai Pelan Induk untuk Pakatan Rakyat menawan Putrajaya dalam PRU14”

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Islamist conservatism in Malaysia

By Ahmad Fauzi Abdul Hamid
New Mandala
7 December 2013

The transmission of Islam in the Malay-Indonesian world remains entrenched in history as one of the foremost examples of peaceful proselytisation of religion on a trans-continental scale. So successful was the continuous process from around the thirteenth to the sixteenth century, that the Islamic faith (agama) became comfortably embedded as a definitive criterion, apart from the Malay language (bahasa Melayu) and rulership (kerajaan), of Malayness – in reference to the broad category of Southeast Asia’s indigenous population who were previously adherents of animism and variants of Hindu-Buddhist religious traditions prevalent in the archipelago. The sources, modalities, timing and other details of the genesis of Islam among the Malays had always been diverse – there were sufis or Muslim mystics and shias; Arabs, Chinese, Indians and Bengalis; sayyids, sheikhs and itinerant missionaries; merchants, traders and political escapees from the flux engulfing their lands of origin or transit.

With its kaleidoscopic provenance as the backdrop, Islam as understood and practised by Malay-Muslims prior to the era of the nation state never bore monolithic traits. On the contrary, accommodation of mores from a variety of civilisational traditions prevailed, as strongly reflected in the assortment of religious practices deriving from various ethno-cultural traditions that eventually assumed the label of being part of Malay-Muslim heritage. Hence we find for instance, in Penang, the boria musical tradition which traces its ancestry to Shiah festivities. Religio-cultural marhaban and berzanji troupes who commonly perform during Malay wedding receptions, in turn, owe their origins to rhythmic salutations of the Prophet Muhammad popularised by sufi congregations. Islam in Malaya, up till independence on 31 August 1957, had remained steadfast to the spirit of wide interpretation, as personified by its perennial willingness to accommodate the intricacies of local customs known as adat, and to tolerate the arrival of new cultural strands such as the Kaum Muda and even the West. The celebrated public debate in Kelantan on whether a dog’s saliva could be considered impure or not in 1937 was indicative of the spirit of tolerance of diversity of views that prevailed in pre-independent Malaya. The differences of views between the traditional and reformist ulama notwithstanding, the terrain of Islam in Malaya was invariably pluralist from the pre-colonial through the colonial epochs. Continue reading “Islamist conservatism in Malaysia”

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The “non-fulfillment” of the Malaysian agreement: Who is to blame?

– Arnold Puyok
The Malaysian Insider
December 04, 2013

In 1963, Sabah, Sarawak and Peninsular Malaya formed what is now called Malaysia. But the forming of Malaysia was not without challenges. In terms of population demography, Sabah and Sarawak were more culturally heterogeneous than Peninsular Malaya.

Sabah and Sarawak were also economically under-developed. Due to Sabah and Sarawak’s distinctive characters, they were allowed to make specific demands as part of a deal before their incorporation into Malaysia.

These demands were known as the 20-point memorandum for Sabah and 18-point memorandum for Sarawak. Both memorandums were later used as a guide by the Cobbold Commission to ascertain the views of Sabahans and Sarawakians about Malaysia.

The demands were later discussed in the Inter-Governmental Committee before their incorporation into the Federal Constitution. At the London talks in July 1963, Great Britain, Northern Ireland, the Federation of Malaya, North Borneo (Sabah), Sarawak and Singapore agreed to sign the Malaysia Agreement.

The signing of the agreement was significant because it paved the way for the enactment of the Malaysia Act (Act No. 26 of 1963) which sealed the formation of Malaysia. With the enactment of the Malaysia Act, the Federal Constitution took over from the Malayan Constitution as a new “document of destiny” for Malaysia. The rights and privileges for Sabah and Sarawak are clearly stated in the Federal Constitution (Articles 161, 161A, 161B, 161E). Continue reading “The “non-fulfillment” of the Malaysian agreement: Who is to blame?”

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Illegitimacy of elections since 1984

by Ravinder Singh
The Malaysian Insider
December 2, 2013

DEC 2 — In his speech at the 26th convocation of Universiti Utara Malaysia His Royal Highness the Yang Di Pertuan Agung expressed his concern about people challenging the laws of the country, including the Federal Constitution. He is reported to have said “The people should always respect and uphold the law.”

In the light of the Agung’s advise, where does the admission or confession of the former Election Commission chief Abdul Rashid Abdul Rahman, that the three redelineation exercises he did were done in such a way to ensure Malays retained political power and that he did so “in a proper way, not illegally”, stand?

I don’t think the Agung means that anyone is above the law or exempted from the law. Abdul Rashid’s claim that he did the redelineation in a proper way is a lie. What he did was illegal as it breached the 13th schedule of the Constitution.

The three delineation exercises were carried out in 1984, 1994 and 2003. As these were carried out in violation of the direction of law as contained in schedule 13 of the Constitution, it follows that all the seven (7) General Elections since 1984, i.e. in 1986, 1990, 1995, 1999, 2004, 2008 and 2013 which were conducted based on the three unconstitutional delineation exercises, are also unlawful and as such void.

In other words, although the BN won all those elections, they were not won with clean hands and the governments were formed unconstitutionally. But do any of those who won by playing foul games, as the referee (the EC) had put obstacles, even great obstacles in the path of the opposing teams, feel shame? The obstacles were the huge disparities in the number of voters in the different constituencies where the value of a vote in an opposition supporting area was reduced to a mere 10 per cent or even less compared to a vote in a BN supporting area. A numbers game according to Abdul Rashid. Continue reading “Illegitimacy of elections since 1984”

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12-Point Strategy as Blueprint for Pakatan Rakyat to capture federal power in Putrajaya in 14GE

Yesterday, I posed the question whether Pakatan Rakyat could rise to the challenge to decide the political future not only of Sabah and Sarawak but the whole of Malaysia in the 14GE.

In my media statements in the past four days, I had illustrated with facts and figures that the three Pakatan Rakyat parties of DAP, PKR and PAS had achieved their best parliamentary and state assembly election results not only in peninsular Malaysia but also in Sabah and Sarawak – at one time helming five State Governments in Kelantan, Penang, Selangor, Kedah and Perak – during their tripartite co-operation in the 1999, 2008 and 2013 General Elections.

Today, in the last of a five-part series, I wish to present the following 12-point strategy for Pakatan Rakyat as a blueprint for capturing federal power in Putrajaya in the 14th General Elections.

1. Full and immediate commitment by all three Pakatan Rakyat parties of DAP, PKR and PAS, whether at national, state or local level, to enhance public support in next four years for Pakatan Rakyat’s quest for federal power in Putrajaya in 14GE. Continue reading “12-Point Strategy as Blueprint for Pakatan Rakyat to capture federal power in Putrajaya in 14GE”

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DAP MP: Gerrymandering protected Umno, not Malays

By Zurairi AR
The Malay Mail Online
November 28, 2013

KUALA LUMPUR, Nov 28 — After an admission of gerrymandering by a former Election Commission (EC) chief, a DAP MP today claimed that past re-delineation exercises were only aimed at protecting the interests of the ruling Barisan Nasional (BN) rather than the Malay community.

According to Serdang MP Dr Ong Kian Ming, the EC would have added more seats in Malay-majority states Kedah, Kelantan and Terengganu if it really was protecting the Malay interest as claimed by Tan Sri Abdul Rashid Abdul Rahman earlier this week.

“If Tan Sri Abdul Rashid wanted to maintain Malay political dominance, why was it that no parliamentary seats were added to the Malay majority states of Kedah, Kelantan and Terengganu in the 2003 delineation exercise?,” Ong said in a statement here.

“The reason for the non-addition of parliament seats in these three states is simple …The BN was fearful that if more seats were added in these states, it would benefit the opposition, specifically PAS.” Continue reading “DAP MP: Gerrymandering protected Umno, not Malays”

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Ex-EC chief’s arrogance in violating the Constitution

– Ravinder Singh
The Malaysian Insider
November 28, 2013

Former Election Commission chief Abdul Rashid Abdul Rahman’s bold admission that the three redelineation exercises he did were done in such a way to ensure Malays retained political power and that he did so “in a proper way, not illegally”, is not a surprise at all. He is very proud of what he did, despite the fact that he had breached Schedule 13 of the Federal Constitution which states that the number of voters in state and parliamentary seats must be approximately equal.

He questions how Barisan Nasional could have lost in Kelantan, Penang and Selangor if the redelineation was done to favour the BN.

This is a cheap question. Either he must be a fool not to realise why the BN lost these states, or he is trying to make a fool of those who question gerrymandering.

Why BN lost these states is because the EC did not dream that such a huge percentage of voters in these states would go against the tide. From previous elections, it must have drawn graphs showing a certain percentage of voters voting against the ruling party at each election. Continue reading “Ex-EC chief’s arrogance in violating the Constitution”

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Sworn statement on Gani’s alleged misdeeds out due to Putrajaya inaction, says former top cop

by Lionel Morais
The Malaysian Insider
November 12, 2013

Datuk Mat Zain Ibrahim has revealed the alleged wrongdoings of Tan Sri Abdul Gani Patail after Putrajaya failed to act on the retired senior police officer’s statutory declaration which contained a litany of complaints against the Attorney General.

Mat Zain’s initial revelation about the meeting with former prime minister Tun Dr Mahathir Mohamad and Umno lawyer Tan Sri Muhammad Shafee Abdullah on Gani’s failings only amounted to two pages of his 31-page sworn statement.

He promised more disclosures soon and said he was also mulling the possibility of having the statutory declaration (SD) tendered in court.

“Since my SD was made in accordance with the Statutory Declaration Act 1960 it can be used in any judicial proceeding, civil or criminal. In that manner the SD will be considered a public document,” the former Kuala Lumpur CID chief told The Malaysian Insider. Continue reading “Sworn statement on Gani’s alleged misdeeds out due to Putrajaya inaction, says former top cop”

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Absence of appeal in Liong Sik acquittal suspicious, say lawyer, MP

By Ida Lim
The Malaysian Insider
November 9, 2013

KUALA LUMPUR, Nov 9 — The Attorney-General’s Chambers (AGC) decision to not challenge Tun Dr Ling Liong Sik’s acquittal over the Port Klang Free Zone (PKFZ) scandal was dubious when it appeals even redundant cases, according to two critics today.

When contacted today, civil rights lawyer Syahredzan Johan described the decision as “baffling, to say the least”, contrasting it to what he categorised as the AGC’s swiftness in appealing against court rulings that were in favour of human rights.

“The AGC has always been quick to appeal against the decisions that promote human rights and constitutionalism and also decisions in favour of opposition politicians, but when it is a decision that concerns allegations of corruption against a former Cabinet member, the AGC has decided not to pursue the appeal,” he told The Malay Mail Online in an email reply.

“As an example; in the UKM4 case the AGC decided to appeal against the decision of the Court of Appeal in favour of the 4 former students, even when the matter has become academic as the law has been amended and the 4 are no longer students,” he added.

Syahredzan was referring to the case of four Universiti Kebangsaan Malaysia (UKM) students who were charged under now-amended Section 15 (5)(a) of the Universities and University Colleges Act (UUCA) for their alleged presence during the 2010 Hulu Selangor by-election campaign.

The High Court found that the clause barring university students’ participation in politics was unconstitutional, but the matter was brought by the AGC to the Court of Appeal and Federal Court, where the apex court struck out the case on November 22, 2012 as it was by then “academic”.

Today, Syahredzan also questioned the rationale behind the AGC’s decision. Continue reading “Absence of appeal in Liong Sik acquittal suspicious, say lawyer, MP”

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The constitution is supreme, not religion (Part 2)

by Tommy Thomas
Malaysiakini
Oct 24, 2013

COMMENT A simple way to illustrate the point that the measure of protection given in the federal constitution may be absolute or limited is to compare the language employed in Articles 10 and 11.

Article 10 protects freedom of speech, assembly and association. But Parliament may, by law, restrict the rights under Article 10, whereas Parliament cannot enact any law to restrict or curtail the freedom of religion under Article 11(1) and (3).

This difference in text between Articles 10 and 11 means that persons who belong to, say, a chess club or a sports association, would come within the purview of Article 10, while members of a religious group would come within the scope of Article 11.

Because Article 11 is drafted in much broader terms than Article 10, members of religious groups enjoy a far greater measure of constitutional protection than members of a chess club or a sports association.

Conversely, state action can control, direct and regulate a chess club and a sports association much more than it can over a religious group. Additionally, only citizens enjoy Article 10 rights, whereas no such limitation occurs under Article 11.

In stating this position, Article 11(5) is not to be overlooked. But Article 11(5) does not permit Parliament to enact laws to restrict freedom. It merely provides that in the enjoyment of religious freedom, whether individually under Article 11(1) or collectively under 11(3), a person or a religious group should not carry out any act which could contravene any general law relating to “public order, public health or morality”. Continue reading “The constitution is supreme, not religion (Part 2)”

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‘Allah’ decision a blot on our legal landscape (Part 1)

by Tommy Thomas
Malaysiakini
Oct 23, 2013

COMMENT The sustained public attack on last week’s decision of the Court of Appeal in prohibiting the Catholic Church from using the word ‘Allah’ in its internal publication, The Herald, is absolutely unprecedented, even in a nation used to bad court decisions.

From a constitutional perspective, the judgments of the three judges on the bench are poorly reasoned, the law misread and conclusions reached which will baffle any right-thinking student anywhere in the common law.

The decision is not just wrong, it is horribly wrong, and represents a terrible blot on our legal landscape, unless overturned quickly by the apex court, the Federal Court. Regrettably, what follows may seem unduly legalistic, but it cannot be avoided in a critique of a court decision. Continue reading “‘Allah’ decision a blot on our legal landscape (Part 1)”

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Asri, the voice of reason, urges politicians to steer clear of religion

by Elizabeth Zachariah
The Malaysian Insider
October 24, 2013

Malaysia will be a better place if politicians “stop politicising religion and academic matters” and leave both issues to the relevant parties to decide, says ex-Perlis mufti Datuk Dr Mohd Asri Zainul Abidin.

“People are confused. If they (politicians) had, from the beginning, followed this principle, then Malaysia will not be in this position,” he told The Malaysian Insider, referring to the chorus of criticism the country has been receiving following the Allah decision.

Last week, a three-man Court of Appeal bench unanimously overturned the 2009 Kuala Lumpur High Court ruling that allowed the Catholic Church to use the word “Allah” in its weekly publication, Herald.

Muslim scholars and clerics worldwide have criticised the ban, pointing out that the word predates Islam and was a word that meant God in Arabic.

Asri, a 42-year-old Universiti Sains Malaysia (USM) associate professor and known to supporters as the “voice of reason” and to critics as a “promoter of liberalism”, is one of those who had condemned the ban on Allah for non-Muslims.

He had previously said that as long as the word Allah was used to refer to “the Most Supreme Being”, the non-Muslims could use the word.

“So actually it is a non-issue. Muslims believe in one God. So how can we say your God is different from mine?” he had said before.

In an interview with The Malaysian Insider recently, Asri said it is ridiculous if they say the word is exclusive to Muslims.

“Civilisations that practised tolerance prospered and stayed as a society much longer than those that did not.” Continue reading “Asri, the voice of reason, urges politicians to steer clear of religion”

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‘Allah’ curbs hurting M’sia’s moderate Muslim image

Stuart Grudgings
Malaysiakini/Reuters
Oct 23, 2013

Malaysia’s self-styled image as a global leader of moderate Islam has been undermined by a court ruling that only Muslims can use the word ‘Allah’ to refer to God, with a growing number of Muslim scholars and commentators condemning the decision.

A Malaysian court ruled last week that the word was “not an integral part of the faith in Christianity”, overturning a previous ruling that allowed a Malay-language Roman Catholic newspaper to use the word.

Since then, confusion has reigned over the interpretation of the ruling, with government ministers, lawyers and Muslim authorities giving widely diverging views on its scope.

Critics of the decision have said it casts a chill on religious rights in Muslim-majority Malaysia, which has substantial minorities of ethnic Chinese and Indians.

Commentators in some countries that practice Islam more strictly than Malaysia have condemned the ruling, arguing that the word ‘Allah’ has been used by different faiths for centuries. Continue reading “‘Allah’ curbs hurting M’sia’s moderate Muslim image”

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Muslim MPs, education groups say animal slaughter in school compound is wrong

by Elizabeth Zachariah and Yiswaree Palansamy
The Malaysian Insider
October 22, 2013

Muslim MPs from PAS and PKR as well as educational organisations have spoken out against the practice of carrying out ritual slaughter in schools during the recent Hari Raya Aidiladha celebrations.

PAS Kuala Krai MP Dr Mohd Hatta Ramli said any school should be off limits for the slaughter of animals.

“Be it religious schools, ethnic-based schools or national schools,” said Dr Hatta.

“In the truest nature of observing the holy Qurban, there is no need to openly slaughter animals in the presence of others, especially in an area where people of other faith reside, work or carry out activities,” he added, referring to the Arabic word for sacrificial slaughter. Continue reading “Muslim MPs, education groups say animal slaughter in school compound is wrong”

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Putrajaya desperately back-pedalling over Allah issue, say constitutional lawyers

by V. Anbalagan
The Malaysian Insider
October 21, 2013

There appears to be a conscious effort by Putrajaya to dilute the Court of Appeal ruling on the Allah issue, an approach driven by fear of losing further support among East Malaysians, say constitutional lawyers.

Speaking to The Malaysian Insider, the lawyers said Putrajaya was in “damage control” mode as the Court of Appeal ruling had far-reaching implications, having caused an uproar among non-Muslims.

Earlier today, Prime Minister Datuk Seri Najib Razak told an audience in Sabah that East Malaysian Christians are free to use the word Allah in their worship and publications, including the Al-Kitab, which is the Bahasa Malaysia bible. Continue reading “Putrajaya desperately back-pedalling over Allah issue, say constitutional lawyers”

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Standing up for the right things, not the stable ones

NEWS ANALYSIS BY THE MALAYSIAN INSIDER
October 21, 2013

Time for some honesty. Twenty-five years ago when Tun Dr Mahathir Mohamad dismantled one of the most respected judicial institutions in the Commonwealth and destroyed the concept of separation of powers in Malaysia, how many Malaysians were truly upset with his interference?

Not disappointed or perturbed, but truly upset.

Think back to the sacking of Tun Salleh Abas in 1988 and the suspension of Tan Sri Azmi Kamaruddin, Tan Sri Eusoffe Abdoolcader, Tan Sri Wan Hamzah Mohamed Salleh, Tan Sri Wan Suleiman Pawan Teh and Datuk George Seah.

Think back to the constitutional amendments pummelled through Parliament by Dr Mahathir, changes which essentially divested the judiciary of some of its powers.

No shame in admitting that the incident called the judicial crisis of 1988 barely registered a blip on the radar of most Malaysians. Continue reading “Standing up for the right things, not the stable ones”

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It’s just another ordinary Sunday as Sarawak churches sound with the echo of Allah

by Desmond Davidson
The Malaysian Insider
October 20, 2013

Christian worshippers recited the word Allah as they fulfilled their Sunday obligation across churches in Sarawak today, shrugging off a court ruling that said the Arabic word for God was not central to their faith.

At the St Columbas Anglican church in Miri this morning, the native faithful intoned the words Allah Taala in Iban, God Almighty in English, as they have been doing all their life.

Parishioners who attended the 7am Iban service were reminded during sermon that there would be no change in the way prayers are said and that the church would continue using the word Allah.

The priest, referring to the statement made by Archbishop Datuk Bolly Lapok earlier this week, said the church would “continue to reverently worship their Allah until the Kingdom comes”. Continue reading “It’s just another ordinary Sunday as Sarawak churches sound with the echo of Allah”

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Government is Playing Politics with ‘Allah’

By Kee Thuan Chye
Yahoo! News
19.10.2013

Firebombs didn’t go off in mosques. Pigs’ heads were not thrown into mosque compounds. These things did not happen after the Court of Appeal ruled against the High Court’s 2009 decision to allow the Catholic weekly newspaper The Herald to use the word ‘Allah’ in referring to God.

They did not happen despite Muslim group Ikatan Muslimin Malaysia’s adding insult to injury by telling Christians to accept the verdict or leave the country. Its president, Abdullah Zaik Abdul Rahman, said, “They can choose to move to another country if they cannot accept the supremacy of Islam and the royalty that protects the supremacy of the religion.” It was irrelevant, uncalled-for and provocative, but the community that was targeted did not retaliate with violence. This of course is to its credit.

It did, however, react angrily to the verdict. Rev Eu Hong Seng, chairman of the Christian Federation of Malaysia, declared: “This is yet another erosion and infringement of the constitutional protection to the freedom of religious communities to profess and practise their faith and to manage their own affairs. The decision might encourage and fuel further misunderstanding and mistrust between the Muslim and Christian communities which will further undermine the unity of Malaysians.” Continue reading “Government is Playing Politics with ‘Allah’”

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‘Allah’ verdict continues to draw ridicule abroad

Malaysiakini
Oct 19, 2013

Five days after the Court of Appeal ruled on the ‘Allah’ issue the controversial decision is still drawing ridicule from some Muslims worldwide as, among others, “bizarre” and “grossly wrong”.

“Now, as a fellow Muslim, I will be honest to the Malaysians who have given this verdict or those who support it: This is one of the most illogical, insensible and childish decisions I have heard in my life. It is sheer nonsense,” wrote a columnist for Turkish daily Hurriyet Daily News today.

Mustafa Akyol, who appears to write for several Turkish and international publications, called the verdict that The Herald cannot use the word ‘Allah’ as it leads to confusion amongst Muslims and brings the threat of propagation “grossly wrong”, “un-Islamic” and “irrational”.

“Why? Well, first of all, the word ‘Allah’ simply means ‘the God’ in Arabic, and it certainly is not exclusive to Islam,” he wrote, mirroring the much repeated explanation that seems to fall on deaf ears amongst the local Muslims in authority. Continue reading “‘Allah’ verdict continues to draw ridicule abroad”

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Allah decision binding on all Malaysians, says retired AG Abu Talib

by V Anbalagan
The Malaysian Insider
October 19, 2013

All Malaysians are bound by the Court of Appeal ruling on the Allah issue, says former attorney general Tan Sri Abu Talib Othman, who is puzzled that Putrajaya believes the controversial judgment does not affect Christians in Sabah and Sarawak.

The appellate court agreed that the Home Minister could ban the word Allah in the Catholic weekly Herald, but two Cabinet ministers had insisted the decision did not include the Al-Kitab, the Bahasa Malaysia bible widely used in Sabah and Sarawak, and other Christian publications in East Malaysia.

“It has the effect of a binding precedent and all have to respect that decision, whether you agree or disagree,” he told The Malaysian Insider, adding it was binding until set aside by the country’s highest court, the Federal Court.

Abu Talib, who was the chief legal adviser to the government for 13 years from 1980, said there could be no two sets of law when “we have one nation and one supreme constitution”.

“So, there cannot be exemptions given to Sabah and Sarawak on this religious issue based on region or state,” he said.

Abu Talib said this in response to Cabinet ministers Tan Sri Joseph Kurup and Datuk Seri Dr Maximus Ongkili who had taken the position that Christians in the Borneo states were not affected by the appellate court ruling on Monday and could use the word in their religious practices. Continue reading “Allah decision binding on all Malaysians, says retired AG Abu Talib”