Posted on

Lingam Tape – Nazri’s lame excuse and test for Cabinet tomorrow

Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz has admitted that he was wrong and that there is no Witness Protection Act.

He claimed that what he meant was that whistleblowers were already protected under various laws which offered some protection to witnesses, like the Anti-Corruption Act, Criminal Procedure Code, Evidence of Child Witness Act and Anti-Trafficking in Persons Act.

It is clearly a very lame excuse. But it has not released Nazri from the onus of justifying two outrageous statements he made on Sunday:

Firstly, his ‘No Source, No Case” assertion — that if the maker or makers of the Lingam Tape “don’t co-operate, then the authenticity of the Lingam Tape cannot be determined and this will prevent the (Haider) Panel from discharging its responsibility. As such, it is important for them to reveal the source, failing which, we can only conclude that they are lying.”

Secondly, “The witness will be accorded full protection by the government… a new identity, a new location, even a new face. So what is there to be afraid of?”

Firstly, what right has he to decide how the Haider Panel Inquiry is to operate? Or has the Deputy Prime Minister, Datuk Seri Najib Razak passed the buck of the Haidar Panel Inquiry as too hot a potato to Nazri as the Minister in the Prime Minister’s Department? Continue reading “Lingam Tape – Nazri’s lame excuse and test for Cabinet tomorrow”

Posted on

Violent repression of “saffron revolution” – an ASEAN failure and responsibility for which ASEAN nations must make amends

Foreign Minister, Datuk Seri Syed Hamid Albar yesterday called on the military junta in Myanmar to begin immediate talks with pre-democracy supporters led by Aung San Suu Kyi to discuss the future of Myanmar before the international community “piles on the pressure”.

While Hamid’s call is welcome, the question must be asked as to what ASEAN is doing to pressure the Myanmar military junta to conduct itself not only as a responsible member of the international community but also of ASEAN in terms of the most minimal respect for human rights and democratic freedoms for its people.

After admitting Myanmar as a member for a decade, ASEAN cannot just wash its hands of any responsibility for what had happened in Burma and just “pass the buck” to the international community to “pile up the pressure”.

Since the brutal and violent repression of the “saffron revolution” two weeks ago, ASEAN government leaders have been using stronger language than before against the Myanmar military junta, starting with the expression of “revulsion” by the ASEAN foreign ministers at the United Nations over the killings and suppression of the monks-led peaceful protests.

Just stronger language however is grossly inadequate to the brutal and bloody crackdown of the monks-led peaceful protests in Burma if it is not matched with action.

The Myanmar military junta was admitted into ASEAN ten years ago in the teeth of regional and international opposition on the ground that the ASEAN constructive engagement policy with the Myanmar military junta would pave the way for national reconciliation and democratization in Burma.

In the past ten years, the ASEAN constructive engagement policy has turned out to be a one-way unconditional engagement with the Myanmar military junta, yielding no results whatsosever. It has now been totally discredited by the violent repression of the “saffron revolution”, with troops quashing the peaceful protests with gunfire. Continue reading “Violent repression of “saffron revolution” – an ASEAN failure and responsibility for which ASEAN nations must make amends”

Posted on

K-Economy is the way to achieve a united, progressive and prosperous Malaysia

by Dr. Chen Man Hin

The world has evolved and Malaysia is now gripped by globalisation together with other countries. This is the reality

We see that the countries which are successful are the developed countries who have adopted policies which promote progress and development.

There are certain markers which define a developed country.
,
Firstly all of them practise democracy, social justice, rule of law, no racial bias, and an education based on knowledge, science and high technology.

Their economy is a K-Economy, which is open with free trade and is highly competitive.

Singapore is an example of country which has adapted to the demands of a global world. It has high standards for all the markers of a globalised country

These are the statistics of global markers for Singapore and Malaysia: Continue reading “K-Economy is the way to achieve a united, progressive and prosperous Malaysia”

Posted on

Lingam Tape – has Nazri let the cat out of the bag how to end all inquiry?

Has the Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz, let the cat out of the bag — that there would be no further inquiry into the Lingam Tape if its authenticity could not be fully determined with the maker of the tape showing and owning up?

New Straits Times front-page headline has put it most bluntly: “NO SOURCE, NO CASE — SAYS NAZRI”

If the whole idea is to stymie any full inquiry into the serious allegations of the Lingam Tape about the perversion of the course of justice concerning the fixing of judicial appointments and the fixing of court decisions, this is as good a stratagem as any.

Of course, even if the makers of the Lingam Tape show up, there is no guarantee that it would be followed up with a Royal Commission of Inquiry into the Lingam Tape and the rot of the judiciary in the past 19 years since 1988.

I am completely baffled by Nazri’s reference to the Witness Protection Act (Star, Sun) which he said assured protection to the person or persons who took the Lingam Tape. New Straits Times reported him as referring to the Witness Protection Bill, “tabled recently in Parliament” — which is untrue, as no such bill had been tabled in Parliament.

I had been pressing for a Whistleblowers Protection Act to give meaning to a national campaign to expose corruption, misuse of funds, government scandals, criminal breach of trust and all forms of malpractices and abuses of power but the government had been dragging its feet and there are no signs that the government is ready to present a Witness Protection Bill to Parliament. Continue reading “Lingam Tape – has Nazri let the cat out of the bag how to end all inquiry?”

Posted on

Rukunegara-reciting/Constitution-waving – pathetic proof of impotence and irrelevance of Gerakan/MCA

The 50th Merdeka Anniversary has seen a most unusual political phenomena — the MCA and Gerakan waving the Malaysian Constitution and reciting Rukunegara at their respective meetings in response to the keris-waving by the Umno Youth leader, Datuk Seri Hishammuddin Hussein at the earlier Umno Youth general assemblies.

It is a pathetic proof of the impotence and irrelevance of the MCA and Gerakan in the Barisan Nasional, whether at the national, state or local government level, that they have been reduced to waving the Constitution and reciting Rukunegara at their respective meetings instead of ensuring that the Cabinet and the government at all levels uphold the core nation-building principles of the Merdeka “social contract” which have found expression in the Malaysian Constitution and Rukunegara.

Why wave the Malaysian Constitution and recite the Rukunegara principles when MCA and Gerakan Ministers and leaders are unable:

  • firstly to ensure that Umno and other Barisan Nasional Ministers and leaders fully understand, respect and uphold the fundamental nation-building principles spelt out in the Merdeka social contract, the Malaysian Constitution and the Rukunegara; and
  • secondly, to set the example of themselves standing firm, true and loyal to the Merdeka social contract, Malaysian Constitution and the Rukunegara by refusing to betray these fundamental nation-building principles even if they fail to convince Umno and other Barisan Nasional Ministers and leaders to do the same.

What is the use of waving the Malaysian Constitution and reciting the Rukunegara principles at the MCA and Gerakan meetings when MCA and Gerakan Ministers and leaders dare not wave the Constitution or recite the Rukunegara principles in Cabinet, Parliament, national, state and local governments to ensure that every government policy, decision and action is informed by the core nation-building principles agreed by the forefathers of the major communities and spelt out in the Constitution and the Rukunegara? Continue reading “Rukunegara-reciting/Constitution-waving – pathetic proof of impotence and irrelevance of Gerakan/MCA”

Posted on

Narcotizing the Masses Through Religion

by M. Bakri Musa

In the 19th Century, tiny Britain was able to humiliate the great Chinese Empire and subdue its masses by making opium readily available to them. It was also highly lucrative for the British, with the poor Chinese bearing the heavy burden. To be fair, Chinese leaders from the Emperor on down were fully aware of the dangers, but despite their valiant efforts they were unable to prevail against the British.

Today Muslims, Malays in particular, are being similarly narcotized, not by opium but by an equally potent agent: religion. Unlike the Chinese of yore who were victims of a malevolent foreign power, with Malays it is our leaders who are doing it to us, and with good intentions too. They want us all to end up in Heaven! Touching!

The Muslim masses today, like the Chinese of the 19th Century, were not unwilling victims. They are not to be blamed, just like we cannot blame a patient who is in great pain wanting a powerful painkiller. It may not cure the underlying disease but at least it relieves the suffering. Likewise when your daily existence is terribly painful — the fate of the vast majority of Muslims — you too need immediate relief. It would be cruel and inhumane to deny that.

The familiar official indices readily reveal the targic reality of daily existence of the Muslim ummah: high mortality and low literacy rates, pathetic per capita income, gross abuses of human rights, women deprived of their basic dignity, and oppressive governments. It is obvious to all, except the leaders. Visit the slums and squatters of Bangladesh, Indonesia and Pakistan, and the anguished reality of unbelievable depravation will hit you hard even if you try to avoid it.

Muslim leaders should worry less about their followers ending up in Heaven and focus more on the monumental task at hand of lifting the masses out of their current living hell. It may be argued that if religion brings relief to their daily struggle, so be it. That is a delusion; the narcotizing effect of religion is even more destructive. Continue reading “Narcotizing the Masses Through Religion”

Posted on

RCI on Lingam Tape – Tsu Koon should show more backbone to tell PM not “if need be” but “very necessary, now!”

On his tenth day as the fifth Prime Minister, Datuk Seri Abdullah Ahmad Badawi made an electrifying call to Barisan Nasional leaders and members which came as a breath of fresh air, raising the hopes of 25 million Malaysians sky-high that the country was going to have a fully hands-on and people-oriented Prime Minister.

Speaking at the opening of the MIC branch chairmen convention on November 9, 2003, Abdullah told Barisan Nasional component party leaders and members to give him correct information to enable the government to respond appropriately to the people’s needs.

He said:

“Tell me the truth.

“Sometimes people do not provide truthful information for fear that I will cry, worry or lose sleep over it. But as a leader, I have to know the truth.

“If we (leaders) are not prepared to hear the truth, then we should not become leaders.”

Almost four years later yesterday, Abdullah made a similar call at the Gerakan National Delegates Conference, declaring:

“We do not want to pretend and say that everything is okay. We do not want to be in a state of denial. Tell the truth, even if it is painful.

“The prime minister must have the courage and readiness to listen even to the worst stories, whether it is related to the country or himself. Never allow yourself to sink in a hole of denial and feel that everything is alright.”

However, this time the Prime Minister’s call to end the state of denial and face the truth is incapable of having any electrifying effect as it has all the stale air from the long catalogue of failed promises of the least hands-on Prime Minister in the nation’s history in the past four years to “hear the truth” and “walk the talk” to deliver political and government reforms. Continue reading “RCI on Lingam Tape – Tsu Koon should show more backbone to tell PM not “if need be” but “very necessary, now!””

Posted on

Quo Vadis Malaysia?

by Dr. Chen Man Hin

At the last UMNO general assembly, it was put to the delegates to reject the objective of Bangsa Malaysia and opt for a Ketuanan Melayu Malaysia. The proposal was accepted by deputy prime minister.

So it came to pass that former prime minister, Dr Mahathir’s dream of a VISION 2020 where the people are one – Bangsa Malaysia- and the status of a developed nation was swept aside.

Since then there has been various moves to promote the concept of a Ketuanan Melayu, and announcements by the prime minister that the NEP would be extended indefinitely.

We in the DAP view with great concern the rejection of Bangsa Malaysia, as the very idea has caused deep uneasiness among the people, and shaken the bond of national unity and testing their tolerance.

The implementation of NEP while it has eradicated the association of race with economic function, as there is a sizeable Malay middle class – successful businessmen and professionals – has slowed economic progress since the implementation of NEP in 1971.

The fact is that the NEP was redistributing wealth but it could not create wealth fast enough. It could not increase the size of the national cake! Continue reading “Quo Vadis Malaysia?”

Posted on

Lingam Tape – a grand conspiracy to “kill” it at the technical level on its authenticity?

With the one-week ultimatum given by the Anti-Corruption Agency (ACA) to Parti Keadilan Rakyat (PKR) vice president Sivarasa Rasiah and party adviser Datuk Seri Anwar Ibrahim’s political co-ordinator Sim Tse Tzin to reveal the source of the eight-minute Lingam videoclip or face action under the Anti-Corruption Act 1997 entailing two years’ jail, RM10,000 fine or both, every concerned Malaysian is asking:

Is there a grand conspiracy to “kill” the Lingam Tape scandal at the technical level casting doubts on its authenticity to avert any inquiry into the rot of the judiciary in the past 19 years and who are the people and parties privy to this grand conspiracy?

With the ACA ultimatum, the game-plan for the damage control of the explosive revelation of the Lingam Tape on the perversion of the course of justice with grave allegations of the fixing of judicial appointments and court decisions has become clearer — as the ACA is only interested in zeroing on the “whistleblowers” rather than the truth or otherwise of the serious allegations of the perversion of the course of justice highlighted by the Lingam Tape.

An administration fully committed to restore national and international confidence in the independence, integrity and meritocracy of the judiciary would leave no stone unturned to investigate into the allegations of fixing of judicial appointments and court decisions regardless of whether the identity of the “whistleblowers” could be identified.

But here, we have all the resources of the state being expended to try to cast doubts on the authenticity of Lingam Tape while ignoring the rot in the judiciary in the past 19 years since the 1988 Judicial Crisis. Continue reading “Lingam Tape – a grand conspiracy to “kill” it at the technical level on its authenticity?”

Posted on

Lingam Tape – Haidar, Mahadev, Lam Thye should return inquiry panel appointment letters to Najib “for the sake of Malaysia”

The three-man Haidar Inquiry into the authenticity of the Lingam Tape yesterday asked the person who recorded it and others who have relevant information to come forward “for the sake of Malaysia”.

Panel member and former Court of Appeal judge said: “Somebody out there (has) the original video. Does he have the responsibility (to come forward)? There may have been others who were there (during the incident). Have they got the responsibility?

“If you don’t come, don’t complain, because at the end of the day, our report is based on the material made available to us.”

It is the three panel members Tan Sri Haidar Mohamad Noor, Datuk Mahadev Shanker and Tan Sri Lee Lam Thye who should set the example of acting “For the sake of Malaysia” by returning their letters of appointment to the Deputy Prime Minister, Datuk Seri Najib Razak to ask for the establishment of a Royal Commission of Inquiry into the Lingam Tape, the allegations of the perversion of the course of justice concerning the fixing of judicial appointments and the fixing of court judgments as well as into the 19-year rot in the judiciary.

With the declaration of five “No”s — no power to administer oaths, no power to compel witnesses to come forward, no power to commit anybody for contempt, no immunity under the law and no power to protect witnesses, the Haidar panel is swiftly degenerating from a farce into a joke.

It is balderdash to plead “The truth is the best armour, justice is the best protection” or to trot out philosophical arguments about “the power of the powerless” as counterpoint to the absence of protection for witnesses who appear before the panel.

If all the judges at all levels of the judiciary in the past 19 years had been guided by the noble objective “For the sake of Malaysia” and the principle that “the truth is the best armour, justice is the best protection”, the system of justice and national and international credibility in the independence, integrity and meritocracy of the judiciary would not have plunged to such a sorry state with one judicial crisis after another in the past 19 years.

What happened to a courageous judge, Justice Syed Ahmad Idid Syed Abdullah who in 1996 tried the blow the whistle in his 33-page anonymous letter containing 112 allegations of corruption, abuses of power and misconduct against 12 judges? Continue reading “Lingam Tape – Haidar, Mahadev, Lam Thye should return inquiry panel appointment letters to Najib “for the sake of Malaysia””

Posted on

The Medical CTOs

by ZK

Criminalization of doctors under Chua Soi Lek and Ismail Merican even after the PHFSA (Private Healthcare Facilities and Services Act) appears unabated. The Malaysian Medical Council, without prior notice, recently instituted its own form of CTOS, the database company that displayed financial data publicly without updating them. The MMC is now making available to the public particulars of all doctors in Malaysia including complaints hurled at them – PROVEN OR NOT. Running down people and establishments is now a favorite Malaysian past-time but the MMC appear to have further refined this into a fine art form. This new CTOS (Complaints Tip Off Service) is yet another example of the convoluted thinking that exists in this Ministry.

The website itself appears rather slow and unstable but what is more alarming is it appears out of date. A recent prominent case is listed as still being processed and government doctors who have had complaints against them including the pediatrician responsible for the loss of the little baby’s arm at Klang are not listed. More disturbing is, complaints against MMC Council members given prominence in our local newspapers and complaints against MMC secretariat members are mysteriously excluded. If this sort of selective persecution and non–updating of this database is going to exist, why implement it in the first place? It will just create another CTOS furore. An ambition for first world infrastructure matched only by a third world mentality is always a recipe for disaster which has been proven time and again in Malaysia.

Now who could have been responsible for this and did the Minister know about this new implementation? The Malaysian Medical Council appears to be broadly divisioned into Council members and a general secretariat which instead of being neutral is mainly comprised of seconded MOH staff. The Council itself has only 9 members from the private sector out of 21, the rest being from the government sector. Continue reading “The Medical CTOs”

Posted on

Lingam Tape – Haidar Inquiry end up as biggest sham with no proof either way of being authentic or otherwise?

With the three-man special panel inquiry into the authenticity of the Lingam Tape holding its first meeting today, two questions uppermost in the minds of Malaysians who want to be able to be proud again about the Malaysian judiciary and system of justice after 19 years of being the laughing stock of the world are:

  • Will the Haidar inquiry drag its feet until after next month when the Chief Justice Tan Sri Ahmad Fairuz Sheikh Abdul Halim would have retired from the highest judicial office of the land, justifying the stance that the whole issue had become quite academic although Ahmad Fairuz was clearly the other party in the Lingam Tape despite the Chief Justice’s unorthodox “denial” through the Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz; and
  • Will the Haidar Inquiry end up as the biggest sham of all inquiries in five decades of Malaysian nation-building, furnishing excuse for inaction by Cabinet because there is no concrete proof either way of its being authentic or otherwise?

Nazri said on Monday that “the result of the Haidar investigation will determine the next course of action, which will be decided by the cabinet”.

This is a very curious statement as the establishment of the Haidar panel was not decided by the Cabinet in the first place.

This is the chronology of events: Continue reading “Lingam Tape – Haidar Inquiry end up as biggest sham with no proof either way of being authentic or otherwise?”

Posted on

Ramadan Is More Than Just Fasting

by M. Bakri Musa

In the documentary film American Ramadan, a Christian minister related his experience in Malaysia. It was during Ramadan, and he was at the airport at dusk to collect his luggage, but everyone at the counter was intently watching the clock, eagerly awaiting the breaking of fast. He did not know then the significance of the month and thus could not comprehend the workers’ apparent obsession with time. An older clerk however came over to help and spent over an hour with the visitor while the others were busy eating.

To me, that older clerk best demonstrates the true meaning and spirit of Ramadan. It is more than just fasting during the day; it is about being generous. He was generous with his time and himself to help a total stranger, albeit a customer. The older clerk could just as easily join his co-workers in eating after a day of fasting, or simply have the counter “Closed for lunch!”

Ramadan As Allah’s Special Blessing

Tradition has it that during Ramadan the doors to Hell are closed while the gates to Heaven are wide open. That reflects the generosity of Allah during this holy month. As our Imam Ilyas Anwar said in the first Friday sermon of this Ramadan, we should use fully this opportunity afforded by Allah. The best way for us to show our respect for Ramadan, and thus for Allah, is to reciprocate His generosity by being generous to our fellow humans and to His other creations.

We should not however, take that tradition literally and consider it a license to be reckless and get killed during Ramadan just to secure a slot in Heaven. Nor does it mean that an evil person dying in Ramadan would be spared Hell. Such decisions after all are the prerogative of Allah, and only of Him. Continue reading “Ramadan Is More Than Just Fasting”

Posted on

ASEAN mission on reports of massacre of thousands of monks and protestors by military junta last week

I have no objection to UMNO Youth deputy leader Khairy Jamaluddin “hijacking” the NGO protests at the Myanmar Embassy yesterday, particularly the Malaysian Youth Coalition for Peace and Freedom in Burma, provided this represents a genuine change of heart and radical policy alteration on democracy and human rights in Burma by UMNO Youth.

The question is whether what happened yesterday was a cynical hogging of the publicity limelight by Khairy with no meaningful commitment by Umno Youth to the cause of democracy and human rights in Burma or whether it signaled that UMNO Youth is now prepared to join forces with all pro-democracy and pro-human rights activists to mobilize greater Malaysian and ASEAN support to end the long night of savage and bloody dictatorship of the military junta in Burma.

What is most disturbing is the latest claim in the international media that thousands of protestors are dead and that bodies of hundreds of executed monks have been dumped in the jungle.

Hla Win, 42, a former chief of military intelligence in Rangoon’s northern region and who fled when ordered to help massacre monks who had led last week’s mass protests, said the toll of deaths in Burma was in the region of several thousand.

The international media also reported accounts from other exiles along the Thai-Burma border confirming that hundreds of monks had simply “disappeared”.

Dissidents hiding along the Burma border said thousands of monks had been locked up and were being beaten inside blood-stained temples. Continue reading “ASEAN mission on reports of massacre of thousands of monks and protestors by military junta last week”

Posted on

Lingam tape – substantive no confidence motion in Ahmad Fairuz as CJ

I will move a substantive motion of no confidence in Tan Sri Ahmad Fairuz Sheikh Abdul Halim as Chief Justice when Parliament reconvenes on Oct. 22 if the Prime Minister and Cabinet evade their national duty tomorrow to restore national and international confidence in the independence and integrity of Malaysian judiciary and establish a Royal Commission of Inquiry.

The urgency of such a Royal Commission of Inquiry into the independence and integrity of the Malaysian judiciary has been highlighted by the current controversy and public furore over the Lingam Tape scandal re-opening one of the most disgraceful subjects in Malaysia — the 19-year crisis of confidence in the Malaysian judiciary with the system of justice tottering from one scandal after another in the past two decades since 1988.

Public opinion have spoken out loud and clear that Malaysia must not miss the golden opportunity which has surfaced to rectify one of the greatest national shames and injustices in five decades of Malaysian nationhood — the plunge in national and international confidence in the Malaysian judiciary in the past 19 years from the high world esteem and respect it had enjoyed during the first three decades of Malaysian history, especially under the first three Prime Ministership of Tunku Abdul Rahman, Tun Razak and Tun Hussein.

The Cabinet tomorrow must not abdicate from its national duty to do what is right for the country and future generations — to make Malaysians proud of the Malaysian judiciary and system of justice once again after 19 years by disbanding the three-man panel on the authenticity of Lingam Tape and its replacement by a Royal Commission of Inquiry with wide-ranging powers to inquire into the rot in the justice system to restore national and international confidence in the Malaysian judiciary.

On Sunday, three illustrious former members of the Bench had added their voices to the snowballing demand for a Royal Commission of Inquiry into the system of justice as well as for a Judicial Appointment Commission.

The three retired judges — rightly described by Sunday Star as “among the most highly-respected to have served on the Bench – who have spoken up are retired Court of Appeal judges, Datuk Shaik Daud Ismail, Datuk K.C. Vohrah and Datuk V.C. George.

Shaik Daud made a most powerful argument for a Judicial Appointments Commission when he pointed out the blemishes of recent judicial appointments: “We have seen so many cases where seniors (judges) with merit are not promoted but juniors without merit are. The reason would appear to be that they are being rewarded.”

On the need for a Royal Commission of Inquiry instead of just a panel to look into the authenticity of Lingam Tape, George said: “The panel is only looking at one issue. I think the Bar is on the right track in calling for a royal commission to look into all aspects of the judiciary” while Vohrah said: “Yes. A royal commission could explore all aspects of the ills besetting the judiciary. The problems are far-reaching and something has to be done fairly quickly before the judiciary slides further down the track.”

On Nazri’s claim that everything was all right with the judiciary, Vohrah had this unflattering comment:

“I think he’s probably not aware of what is happening on the ground. In many commercial contracts, parties are including an arbitration clause to resolve disputes instead of the courts. That is a terrible blow to the judiciary because apart from a handful, the rest are good judges. In some states, there may be three or four judges but you will find that only one or two are doing all the work and carrying the whole burden.”

If the Prime Minister, Datuk Seri Abdullah Ahmad Badawi and the Cabinet are not prepared to do their national duty to restore national and international confidence in the judiciary at the Cabinet meeting tomorrow by establishing a Royal Commission of Inquiry, then there is probably no other option than to explore the next logical move in Parliament — a substantive motion of no confidence in Ahmad Fairuz as Chief Justice. Continue reading “Lingam tape – substantive no confidence motion in Ahmad Fairuz as CJ”

Posted on

Sub-marginalisation of KDM — rejection of bumiputra status of Sino Kadazandusuns with Chinese surnames

It was only two weeks ago that the people of Sabah celebrated the 44th Malaysia Day on September 16 under protest — as the significance of the formation of Malaysia on that date had been virtually ignored in the 50th Merdeka anniversary celebrations resulting in a renewed call for Sept. 16 to be declared a national holiday to be an annual reminder to all Malaysians throughout the country of its meaning and importance.

However there had been no lack of somber reminders to Sabahans and Malaysians in recent months that in many important aspects, the clock of national integration and nation-building had gone backwards instead of striking boldly forward to create an united, vibrant, progressive and harmonious Bangsa Malaysia.

Only this month, it surfaced that there is not only the phenomenon of the marginalization of the Kadazandusun-Murut (KDM) community in Sabah, which I had highlighted in Parliament, but there is also the sub-marginalisation of the KDM when Sino-Kadazandusuns with Chinese surnames suffer a new discrimination when they are rejected from investing in Amanah Saham Nasional Bhd (ASNB) schemes.

ASNB had announced that the applications by at least 100 persons of Sino Kadazan descent to invest in ASNB were rejected as they could not produce a native certificate.

Section 2(1)(b) of the Interpretation (Definition of Native) Ordinance under the laws of Sabah cannot be clearer that a Sino Kadazandusun is a bumiputra, as it states that a Native is any person ordinarily resident in Sabah and being and living as a member of a native community, one at least of whose parents or ancestors is or was a native.

Sino Kadazandusuns are outraged at the ASNB rejection of their birth certificate officially stating the identity and status of one of their parents as a native and requiring them to get a Native Certificate when for over 23 years the Sabah State Government had imposed a freeze order on the Native Court system on the issuance of Native Certificates. Continue reading “Sub-marginalisation of KDM — rejection of bumiputra status of Sino Kadazandusuns with Chinese surnames”

Posted on

Yee Yang Yang – Tawau’s pride in standing up for the freedom and rights of university students

I am happy to be back in Tawau, particularly as it has produced a youth who had stood up for the freedom and rights of all university students in the country.

I refer to Tawau youth, Yee Yang Yang, 19, first year student at Universiti Putra Malaysia (UPM) who became the cause celebre of campus rights of university students as he was thrown into the limelight when he was victimized by UPM security personnel two weeks ago trying to cow students from asserting their human rights to independent student activism.

On Sept. 15, UPM security officials raided Yee’s hostel room and confiscated his laptop computer, high-end mobile phone, portable music player and several other items.

Being interrogated by the security officials was the least of his problems when the UPM Vice Chancellor Nik Mustapha R. Abdullah publicly defended the action of the security officials and justified the confiscation on the ground that Yee’s laptop contained pornographic materials.

This was a downright lie, which had virtually been admitted by the UPM authorities who have returned all the confiscated items to Yee.

Any lesser soul would have wilted under such unprecedented pressures from the university authorities. But Yee stoutly stood his ground. Continue reading “Yee Yang Yang – Tawau’s pride in standing up for the freedom and rights of university students”

Posted on

Burma bloody crackdown – ASEAN high-level delegation to find out actual death toll

ASEAN should send a high-level delegation to Myanmar to ascertain the actual death toll from the bloody military crackdown of the monks-led peaceful protests as it is not only Myanmar but all ASEAN member nations which are directly affected by the savage suppression of pro-democracy demonstrations in Myanmar.

The Myanmese military junta has officially admitted to 10 dead three days ago which has no credibility whatsoever.

British Prime Minister Gordon Brown has said that the loss of life in Burma is far greater than is being reported while the Australian Foreign Minister Alexander Downer claimed that the death toll is “substantially higher” than the official Myanmese figure and could be in multiples of ten higher, i.e. over 100 dead.

Dissident groups estimate close to 200 people have been killed by government forces.

Malaysia and all the other ASEAN nations cannot be impervious to the actual death toll in the carnage in Burma in the past four days.

As the Myanmar military junta had promised to usher in national reconciliation and democratization on its admission into ASEAN ten years ago in 1997, ASEAN and its member nations must be concerned about the actual death toll in Burma as equally at stake are the international reputation, credibility and even legitimacy of ASEAN and its member nations.

As Myanmar had been admitted into ASEAN in the teeth of regional and international opposition, ASEAN member nations cannot sit by the sidelines to wait for the outcome of the visit to Myanmar by the United Nations special envoy, Ibrahim Gambari but must undertake its own initiatives.

The least ASEAN can do is to send a high-level delegation to ascertain the actual death toll from the bloody military crackdown of the monks-led peaceful protests, seek release of all detained monks and protestors (including Aung San Suu Kyi and all political prisoners) and broker a peaceful dialogue with all stakeholders in Burma. Continue reading “Burma bloody crackdown – ASEAN high-level delegation to find out actual death toll”

Posted on

No Malaysian Chinese as Federal Court judge – first time in 50 years

The 50th Merdeka anniversary should be a celebration of the success of Malaysian nation-building after 50 years. Unfortunately, Malaysians are being given proof of of many things that have gone wrong with the nation — whether national unity, civil service efficiency, independence of the judiciary, the police, crime, anti-corruption, education, economic development and quality of education.

I will just give one instance of Malaysian nation-building which has gone wrong highlighted on the occasion of the 50th Merdeka anniversary.

In the 2008 Budget presentation, the Prime Minister-cum-Finance Minister, Datuk Seri Abdullah Ahmad Badawi announced that as part of the effort to inculcate corporate social responsibility (CSR), all public-listed companies will be required from the financial year 2008 to disclose their employment composition by race and gender.

But has the government set a good example of responsibility with regard to ensuring a civil service which reflects the multi-racial composition of the country? Continue reading “No Malaysian Chinese as Federal Court judge – first time in 50 years”

Posted on

Lingam Tape – Abdullah should chair next Cabinet meeting to disband 3-man panel and set up RCI

The Prime Minister, Datuk Seri Abdullah Ahmad Badawi must reconsider and set up urgently a Royal Commission of Inquiry into the Lingam Tape scandal as the three-man panel chaired by Tan Sri Haidar Mohamed Noor, tainted by his role in the 1988 judicial crisis, is just untenable and unacceptable.

Haidar has still to satisfactorily account for his role in the infamous episode in the 1988 judicial crisis where as Supreme Court Chief Registrar, he locked the doors of the Supreme Court and concealed the Supreme Court seal to frustrate the course of justice and prevent the Supreme Court from issuing an injunction to stop the Judicial Tribunal from continuing with its proceedings to discipline the then Lord President Tun Salleh Abas — which also led to the subsequent expulsion of Datuk George Seah and the late Tan Sri Wan Suleiman Pawanteh as Supreme Court judges.

This unsavoury episode can be found both in Salleh Abas’ “May Day for Justice” as well as “Freedom under Executive Power in Malaysia” by the Minister for Culture, Arts and Heritage, Datuk Dr. Rais Yatim, who was formerly Minister in the Prime Minister’s Department in charge of law and justice.

However, an even more important consideration as to why there must be a Royal Commission of Inquiry is that the issue which has shattered public confidence and caused the “March for Justice” of some 2,000 lawyers last Wednesday was not just the Lingam Tape, but the even more important issue of the independence, impartiality and integrity of the judiciary and the rot in the system of justice since 1988.

University of Malaya law lecturer Azmi Sharom put it very well when he wrote in his Star column today “Judiciary must be protected”: Continue reading “Lingam Tape – Abdullah should chair next Cabinet meeting to disband 3-man panel and set up RCI”