Asset declaration

In bold, the news of Malaysian Anti-Corruption Commission (MACC) chief commissioner Datuk Seri Abu Kassim Mohamed to push the Najib administration members to declare their assets publicly receives major headlines. The statement was made in responds to a suggestion from former Bar Council president Datuk Ambiga Sreenevasan during a Malaysian Bar event.

Firstly, Abu Kassim of late after being appointed as the No 1 graft buster begins to show that they mean business. He is trying to win the public heart which is a good sign. However, I must say that the suggestion of making a public declaration of one wealth is probably a populist statement. Maybe he meant every word that he said but from a moral and legal point of view, it is no easy task. I think it cannot be done unless there is a law has been gazetted into that effect. I agree with Zaid Ibrahim sceptics over the matter.

The shrewd Chua Soi Lek is demanding that MACC shows precedence in other countries. He is suggesting that since there is no precedence, they do not need to do it here. My question is that since there is no precedence, it does not mean that Malaysia cannot lead the way and create precedence. The only reason that Malaysian public is demanding such actions is because they do not trust our politicians in office.

The best response and a joke probably came from Hishamuddin who says that he feels the proposal is unsuitable since he has already declared his asset to his cousin the PM. He is worried that his wealth will be politicised. Fact remains since people dont know his true wealth, they speculate and politicise the issue more. He should look at it from a different angle.

The wealth and health of an individual is a private matt! er. I sa id wealth and health because the principles in handling these two matters are similar. Doctors cannot disclose a patients health to an unrelated 3rd party without the patient consent. Similar an AIDS patient does not go around and say that he has AIDS publicly.

In the government service, personnel of certain grade have to make declaration of our income and asset to their superiors. That is legislated. It is law. In Malaysia, the practice is that Cabinet Ministers has to declare their asset to the PM. This is not law but a practice that I believe was started by Mahathir. Tun M was a smart man. He knows how to make use of such information that he gets from his ministers. I am not sure who does he declare his asset to.

Personally, I feel it is a private matter but in a matter of gaining public trust, our Minister needs to declare their total wealth (all assets and income) to an organization that earns public trust. The issue is which organization? In my view declaring asset to PM is not sufficient to gain the trust of the Malaysian public.

Under the current law, I believe the LHDN has a provision under their ACT or regulations where they can compel an individual to declare their asset and how they have earned such assets if they suspected the amount is suspicious. I also believe the police and the MACC has such a law where they can demand an individual to declare their asset.

I believe it is important that the law is used for Malaysian Ministers to declare their asset and they must explain how they collected the asset over time. I believe this is something within the power of Abu Kassim and he should enforce it to all Ministers. He does not need to coax Najib. He needs to enforce his powers. If he can do that I will salute and shake his hand personally. I would also shake the hand of a BN minister that declares openly that he is prepared and will do a public declaration of his weal! th.
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Letter & Opinion From Joe Public

Mansuh ISA bukan pinda

Akta Keselamatan Dalam Negeri atau lebih dikenal dengan nama ISA harus hendak dimansuhkan, bukannya dipinda. Inilah pendirian Parti Rakyat Malaysia (PRM) terhadap ISA semenjak ISA diperkenalkan dan dikuatkuasakan pada 1 Ogos 1960. Pada 1 Ogos 2010, ISA genap dilaksanakan selama 50 tahun. Pelaksanaan ISA sendirinya sudah memperlihatkan warna sebenar ISA.
Jika seseorang memandang balik ke masa perdebatan dan hujah-hujah perkenalan ISA pada 1960, adalah amat nyata ISA adalah untuk menangani perjuangan bersenjata komunis. Oleh sebab kerajaan Barisan Nasional telah menandatangani perjanjian damai dengan Parti Komunis Malaya pada 1989, dan Parti Komunis Malaya telah menghentikan perjuangan bersenjatanya, ISA sepatutnya sudah hilang sebab musabab dan asas untuk terus wujud.

Akan tetapi, Kerajaan Barisan Nasional tidak ada niat untuk memansuhkan ISA. Sebaliknya, kerajaan Barisan mengemukakan pelbagai dalih untuk menjustifikasikan perlunya ISA supaya kewujudannya disambung-pakai walaupun 50 tahun penggunaan ISA oleh kerajaan Barisan telah menceritakan semuanya iaitu undang-undang boleh menahan seseorang tanpa pembicaraan itu sudah tanpa segan-silu dan terang-terangan disalahgunakan dengan sewenang-wenangnya dan ISA adalah bertentangan dengan semangat pemerintahan undang-undang (rule of law).

PRM adalah satu-satu party dengan pendirian konsisten atau tidak berubah-ubah menentang habis-habisan pelaksanaan ISA. Oleh itu, adalah tidak hairanlah dalam masa 50 tahun pelaksanaan ISA, beribu-ribu anggota PRM daripada presiden nasional ke lapisan akar umbi menjadi mangsa kezaliman utama ISA.

Pemimpin-pemimpin nasional PRM seperti Allahyarham Ahmad Boestamam (Presiden, Ahli Parlimen), Tajuddin Kahar (Setiausaha Agung), Hasnul Hadi (Presiden Barisan Sosialis, Pengerusi Majlis Perbandaran Melaka yang dipilih oleh pengundi), dan mendiang Karam Singh (ahli Parlimen), Sivasubramaniam (Adun), dan Tan Hock Heng (Adun) meringkuk bertahun-tahun dalam kem-kem tahanan, antara contohnya Tan Hock Heng telah dita! han sela ma 16 tahun dan dibebaskan tanpa syarat). Bahkan kebanyakan anggota PRM sekarang seperti Pemangku Presiden Ariffin Salimon, Naib Presiden S K Song, Setiausaha Agung Koh Swe Yong dan Bendahari Teh Soon Ming juga menghabiskan masa hidup yang terbaik dalam kem tahanan.

Oleh itu, PRM mendesak supaya kerajaan Barisan di bawah kepimpinan Najib Razak memansuhkan dan bukan membuat pindaan kepada ISA, dan juga undang-undang boleh menahan tanpa pembicaraan lain. Dengan berbuat demikian, kerajaan Barisan boleh menunjukkan amalan bikin serupa cakap dan memperlihatkan kesungguhan dan betul-betul komited pada usaha mentransformasi Malaysia kepada negara yang maju dan demokratik.

Koh Swe Yong
Setiausaha Agung
PRM
Letter & Opinion From Joe Public

AKU MELAYU !! Tapi AKU BENCI PERKASA

Quote

".... Aku Melayu. Aku juga Muslim. Tapi aku BENCI kepada PERKASA.

Adakah ini bererti aku mengkhianati Melayu? TIDAK sama sekali.

Menentang PERKASA bererti aku mahu melihat bangsa Melayu hebat di mata dunia.

Aku menentang PERKASA kerana mereka suka menutup sejarah.kerana aku tidak suka bagaimana mereka cuba MEMPERBODOHKAN orang Melayu.

Lagi tebal kebodohan Melayu lagi berkuasalah UMNO. Apabila berkuasanya UMNO maka lagi senanglah mereka merompak harta rakyat. Apabila harta rakyat dirompak maka PERKASA mengharapkan sedikit sebanyak harta itu diberikan kepada mereka.

Aku masih ingat wajah Ibrahim Ali ketika sambutan hari Raya di rumah Anwar Ibrahim. Muka sedih dan tidak berdaya datang memohon simpati. Datang ke rumah Tuan Guru Nik Aziz meminta pertolongan agar diberi kerusi Pasir Mas.

Bila sudah menang. Memang melepaskan anjing. Sekarang dicubanya menggigit Anwar Ibrahim dan TG Nik Aziz. Menyalak tak tentu hala.

PEERKASA cuba menjadi hero untuk orang Melayu. Tapi dalam masa yang sama, telah mencemarkan maruah orang Melayu kerana telah menyebabkan bangsa - bangsa LAIN menyampah dengan bangsa ini.

Mereka telah menganggap orang Melayu sama saja kurang ajarnya dengan PERKASA dan UMNO . Kadang - kala tindakan mereka yang menggunakan nama agama suci ini juga telah menyebabkan penganut agama lain menjadi bertambah jauh daripada Islam.

Dari isu kalimah Allah hingga masuk dalam masjid. Semuanya diMelayukan oleh PERKASA dan UMNO .

Sedangkan zama n Nabi Muhammad s.a.w tidak pernah jadi begitu. Islam tidak diArabkan hatta Islam itu sendiri bercanggah dengan naluri asal orang Arab. Aku begitu geli dengan mereka ini. Geli sifat munafik yang mereka tonjolkan. Mulut kata perjuangkan untuk bangsa dan agama tapi dalam masa mereka rela bersama - sama orang yang melakukan rasuah.

Aku Melayu. Malu aku apabila dicalitkan najis kebebalan PERKASA dan UMNO atas nama Ketuanan Melayu. Malu aku apabila orang sebangsa aku sanggup jadi pak turut Perkasa dalam isu yang sengaja khas direka oleh PERKASA dan UMNO.

Melayu jangan jadi layu.

MELAYU harus tunjukkan kepada bangsa - bangsa LAIN bahawa:
-- Kita sebenarnya cerdik.
-- Kita mampu berubah.
-- Kita mampu berfikir secara waras.
-- Kita boleh bertolak - ansur dalam sesuatu perkara.
-- Kita tidak gila macam Perkasa dan Umno.
-- Kita tidak bodoh seperti Umno dan Perkasa...."

Read HERE and HERE for more

Aku Melayu. Aku juga Muslim. Tapi aku BENCI kepadaPERKASA.

Apakah tindakan aku membenci Perkasa seperti mana aku membenci Yahudi Zionis ini bererti aku pengkhianat Melayu?

Aku membenci Perkasa BUKAN kerana hebatnya Ibrahim Ali bermain drama.

Aku membenci Perkasa kerana aku tidak suka bagaimana mereka cuba MEMPERBODOHKAN orang Melayu.

Pertubuhan yang dianggotai oleh manusia - manusia yang cerdik cuba menyeret orang Melayu turut sama menjadi bodoh seperti mereka.

Inilah perkara utama kenapa aku benci kepada Perkasa.

Mereka menjerit kepada ketuanan Melayu. Mereka menjerit jangan undi DAP. Jika undi DAP maka hilanglah kuasa orang Melayu. Undi DAP lihat apa yang terjadi kepada orang Melayu di Pulau Pinang.Satu perkataan yang! khas bu at mereka. BODOH!

Jangan cuba tutup sejarah. Jangan cuba gelapkan sejarah.

Jangan jadi perangai Munsyi Abdullah yang menutup sejarah sebenar Malaysia dengan karya dongeng yang membodohkan rakyat Malaysia.

Orang Melayu di kampung Berembang merupakan pengundi tetap Umno. Kubu kuat Umno yang sukar ditembusi oleh PAS ataupun PKR. Namun lihat apa yang terjadi kepada mereka. Rumah mereka dirobohkan disaat anak - anak penduduk kampung Berembang menanti untuk peperiksaan. Pasangan uda dan dara yang akan melangsungkan perkahwinan. Surau di kampung Berembang dirobohkan. MANA PERGI PEJUANG - PEJUANG MELAYU yang menjerit ketuanan Melayu.

Jangan jadi bangsat wahai Perkasa. Aku dan ribuan anak muda Melayu menangis melihat suara, tangisan dan jeritan anak - anak kecil Melayu melihat rumah mereka dirobohkan.

Mana kalian semua ketika mereka menagih simpati? Mana kalian semua ketika surau di kampung tersebut dirobohkan? Mana keris - keris yang bersedia dihunuskan ketika mereka menangis? DI MANA SEMUA ITU?

Sudah pasti kita semua mendengar hujah mereka "Oh, rumah itu rumah haram." Oh alangkah pembohongnya mereka. Alangkah bangsatnya perangai mereka. Jika yang dirobohkan rumah itu hasil kerja-tangan Pakatan Rakyat, maka bersiap - sedialah gendang perang ditiupkan. Walaupun Pakatan Rakyat menggunakan hujah yang sama, namun itu salah bagi mereka. Jadi jadi manusia munafik atau perangai seperti Yahudi Zionis kepada pemimpin Perkasa. Jijik aku melihat sifat dan akhlak kalian semua.

Aku Melayu, tapi aku menentang Perkasa. Adakah ini bererti aku mengkhianati Melayu. Tidak sama sekali. Aku menentang Perkasa kerana mereka suka menutup sejarah.

Perkasa mewarisi ilmu menipu daripada Munsyi Abdullah dan sebagainya. Apabila sejarah ditutup maka secara tidak langsung ia boleh menyebabkan sesuatu kaum atau agama musnah sama sekali. Menentang Perkasa bererti aku mahu melihat bangsa Melayu hebat di mata dunia. Bangsa Melayu dianggap bangsa penyayang oleh bang! sa Cina, India dan lain - lain. Bukannya lagi sebagai sebuah bangsa yang mengharapkan Umno atau Perkasa dan bukannya hanya tahu marah tapi tidak mahu berubah.

Jika benar Malaysia ini milik orang Melayu, maka buktikan dahulu dengan mencampak Umno dan Perkasa. Hanya dengan mencampak mereka sejauh - jauhnya barulah Melayu boleh kembali gemilang dan hidup bersama - sama dengan bangsa yang lain. Jauhkan anasir penghasut dalam Malaysia.

Aku Juga Se-Orang Muslim

Aku seorang Muslim dan Melayu. Aku cuba menjadi Muslim yang baik walaupun tidak sebegitu sempurna. Idola aku Nabi Muhammad s.a.w merupakan contoh terbaik aku. Dari kehidupan peribadinya hinggalah kepada cara Baginda s.a.w mentadbir negara. Apabila aku melihat wujud kumpulan - kumpulan melampau yang cuba mencemarkan nama baik agama ini maka aku harus bangkit lawan.

Perkasa cuba menjadi hero untuk orang Melayu. Tapi dalam masa yang sama, telah mencemarkan maruah orang Melayu kerana telah menyebabkan bangsa - bangsa lain menyampah dengan bangsa ini. Mereka telah menganggap orang Melayu sama saja kurang ajarnya dengan Perkasa dan Umno. Kadang - kala tindakan mereka yang menggunakan nama agama suci ini juga telah menyebabkan penganut agama lain menjadi bertambah jauh daripada Islam.

Dari isu kalimah Allah hingga masuk dalam masjid. Semuanya diMelayukan oleh Perkasa dan Umno. Sedangkan zaman Nabi Muhammad s.a.w tidak pernah jadi begitu. Islam tidak diArabkan hatta Islam itu sendiri bercanggah dengan naluri asal orang Arab. Aku begitu geli dengan mereka ini. Geli sifat munafik yang mereka tonjolkan.

Mulut kata perjuangkan untuk bangsa dan agama tapi dalam masa mereka rela bersama - sama orang yang melakukan rasuah, terang - terang menindas rakyat dengan menaikkan harga minyak dan harga barang.

Ketika zaman Nabi Muhammad s.a.w Abdullah bin Ubay merupakan ketua munafik pada zaman tersebut. Selepas kewafatan baginda s.a.w, lahir seorang lagi iaitu Abdullah bin Saba'. Masuk Islam namun dalam masa yang sama ber! niat men ghancurkan agama ini dengan mencetuskan persengketaan sesama Islam.

Di Malaysia, wujud seorang individu yang perangai sama macam dua insan yang dilaknat ini. Permainan menempel muka dengan muka pengemis yang menimpa simpati. Aku masih ingat wajah Ibrahim Ali ketika sambutan hari Raya di rumah Anwar Ibrahim. Muka sedih dan tidak berdaya datang memohon simpati. Datang ke rumah Tuan Guru Nik Aziz meminta pertolongan agar diberi kerusi Pasir Mas. Bila sudah menang.

Memang melepaskan anjing. Sekarang dicubanya menggigit Anwar Ibrahim dan TG Nik Aziz. Menyalak tak tentu hala. Cuba memecah-belahkan undi orang Melayu. Dahulu sanggup turun ke jalanraya menentang kenaikan harga minyak di KLCC. Sekarang, diam takut menikus. Bacul dan jantan yang tiada telur apabila kuasa dan duit sudah diberikan. Lagi bangsat daripada Yahudi Zionis.

Aku Melayu, melihat gelagat Perkasa yang sememangnya menipu dan cubaan membodohkan orang Melayu menyebabkan aku merasa cukup jijik. Melayu bodoh maka senanglah mereka menjilat tangan Najib kerana jika Melayu jadi bodoh maka Umno akan terus berkuasa.

Operasi membodohkan Melayu harus dilaksanakan secepat mungkin. Lagi tebal kebodohan Melayu lagi berkuasalah Umno. Apabila berkuasanya Umno maka lagi senanglah mereka merompak harta rakyat. Apabila harta rakyat dirompak maka Perkasa mengharapkan sedikit sebanyak harta itu diberikan kepada mereka.

Aku Melayu dan aku faham sejarah. Suruh ahli - ahli kumpulan Perkasa baca balik buku teks sejarah tingkatan tiga (walaupun tak sampai 10% betul). Melayu berasal dari mana. China. Jadi apa perlu kita bergaduh. Sedangkan kita serumpun. Itu belum dikira manusia berasal dari Nabi Adam. Perkasa jangan jadi keldai. Cukup kamu seorang keldai tapi jangan diseret sama orang - orang Melayu menjadi keldai juga. Cukup kamu semua yang bodoh tapi dibodohkan minda orang - orang Melayu.

Aku Melayu. Malu aku apabila dicalitkan najis kebebalan Perkasa dan Umno atas nama Ketuanan Melayu. Malu aku apabila orang seb! angsa ak u sanggup jadi pak turut Perkasa dalam isu yang sengaja khas direka oleh Perkasa dan Umno. Sudahlah kita dibebalkan dengan sejarah rekaan Munsyi Abdullah, British dan Thailand sekarang kita sekali lagi dibengapkan oleh Perkasa dan Umno.

Melayu jangan jadi layu. Melayu harus tunjukkan kepada bangsa - bangsa lain bahawa kita sebenarnya cerdik. Kita mampu berubah. Kita mampu berfikir secara waras. Kita boleh bertolak - ansur dalam sesuatu perkara. Kita tidak gila macam Perkasa dan Umno. Kita tidak bodoh seperti Umno dan Perkasa.

Aku Melayu dan Islam. Aku memilih untuk menolak Umno dan Perkasa. Kalian semua bagaimana?
See What Barisan Nasional Gotta Say?

Tengku Razaleigh: We were once Malaysians

August 1, 2010

www.malaysiakini.com

Tengku Razaleigh Hamzah: We were once Malaysians

The following keynote speech was given by Gua Musang (Kelantan) Parliamentarian and former Malaysian Finance Minister Tengku Razaleigh Hamzah at the 4th Annual Malaysian Student Leaders Summit (MSLS) on July 30, 2010.

I have played some small role in the life of this nation, but having been on the wrong side of one or two political fights with the powers-that-be, I am not as close to the young people of this country as I would hope to be.

History and the 8 oclock news are written by the victors. In recent years, the governments monopoly of the media has been destroyed by the technology revolution.

You could say I was also a member of the United Kingdom and Eire Council for Malaysian Students (UKEC). Well I was, except that I belonged to the predecessor of the UKEC, by more than 50 years, the Malayan Students Union of the UK and Eire. I led this organisation in 1958/59.

I was then a student of Queens University at Belfast, as well as at Lincolns Inn. In a rather cooler climate than Kota Bharus, we campaigned for decolonisation. We demonstrated in Trafalgar Square and even in Paris. We made posters and participated in British elections.

Your invitation to participate in the MSLS was prefaced by an essay that calls for an intellectually informed activism. I congratulate you on this. The youth of today, you note, will chart the future of Malaysia. You say you no longer want to be ignored and leave the future of our Malaysia at the hands of the current generation. You want to grab the bull by the horns and have a say in where we go as a society a! nd as a nation.

I feel the same, actually. A lot of Malaysians feel the same. They are tired of being ignored and talked down to. You are right. The present generation in power has let Malaysia down. But also you cite two things as testimony of the importance of youth and of student activism to this country, the election results of 2008 and the prime ministers acknowledgement of the role of youth in the development of the country.

So perhaps you are a little way yet from thinking for yourselves. The first step in grabbing the bull by the horns is not to require the endorsement of the prime minister, or any minister, for your activism. Politicians are not your parents. They are your servants. You dont need a government slogan coined by a foreign PR agency to wrap your project in. You just go ahead and do it.

When I was a student, our newly independent country was already a leader in the post-colonial world. We were sought out as a leader in the Afro-Asian Conference that inaugurated the Non-Aligned Movement and the G-77.

The Afro-Asian movement was led by such luminaries as Zhou En Lai, Nehru, Kwame Nkrumah and Soekarno. Malaysians were seen as moderate leaders capable of mediating between the more radical leaders and the West. We were known for our moderation, good sense and reliability.

We were a leader in the Islamic world, as ourselves and as we were, without our leaders having to put up false displays of piety. His memory has been scrubbed out quite systematically from our national consciousness, so you might not know this or much else about him, but it was Tunku Abdul Rahman who established our leadership in the Islamic world by coming up with the idea of the OIC (Organisation of Islamic Conference) and making it happen.

Under his lead! ership, Malaysia led the way in taking up the anti-apartheid cause in the Commonwealth and in the United Nations, resulting in South Africas expulsion from these bodies.

Tunku Abdul Rahman: His great integrity in service was clear to all

Here was a man at ease with himself, made it a policy goal that Malaysia be a happy country. He loved sport and encouraged sporting achievement among Malaysians. He was owner of many a fine race horses. He called a press conference with his stewards when his horse won at the Melbourne Cup.

He had nothing to hide because his great integrity in service was clear to all. Now we have religious and moral hypocrites who cheat, lie and steal in office, who propagate an ideology that shackled the education system for all Malaysians, while they send their own kids to elite academies in the West.

Days when we were on top

Speaking of football youre too young to have experienced the Merdeka Cup in the 60s and 70s. Teams from across Asia would come to play in Kuala Lumpur: teams such as South Korea and Japan, whom we defeated routinely.

We were one of the better sides in Asia. We won the bronze medal at the Asian Games in 1974 and qualified for the Moscow Olympics in 1980. Today our FIFA ranking is 157 out of 203 countries.

That puts us in the lowest quartile, below Maldives (149), the smallest country in Asia, with just 400,000 people living about 1.5 metres above sea level who have to worry that their country may soon be swallowed up by climate change. Here in Asean we are behind Indonesia, Thailand, Singapore, whom we used to dominate, and now only one spot above basketball-playing Philippines.

The captain of our illustrious 1970s side was Soh Chin Aun and we had R Arumugam, Isa Bakar, Santokh Singh, James Wong and Mokhtar Dahari. They were heroes whose names rolled off the tongues of our schoo! lchildre n as they copied them on the school field. It wasnt about being the best in the world, but about being passionate and united and devoted to the game.

It was the same in badminton, except at one time we were the best in the world. I remember Wong Peng Soon, the first Asian to win the All-England Championship, and then just dominated it throughout the 1950. Back home every kid who played badminton in every little kampung wanted to call himself Wong Peng Soon.

There was no tinge of anybody identifying themselves exclusively as Chinese, Malays or Indian. Peng Soon was a Malayan hero. Just like each of our football heroes. Now we do not have an iota of that feeling. Where has it all gone?

Capital flight troubling

I dont think its mere nostalgia that makes us think there was a time when the sun shone more brightly upon Malaysia. I bring up sport because it has been a mirror of our more general performance as a nation.

When we were at ease with who we were and didnt need slogans to do our best together, we did well. When race and money entered our game, we declined. The same applies to our political and economic life.

Soon after independence, we were already a highly successful developing country. We had begun the infrastructure building and diversification of our economy that would be the foundation for further growth. We carried out an import-substitution programme that stimulated local productive capacity.

From there, we started an infrastructure build-up that enabled a diversification of the economy leading to rapid industrialisation. We carried out effective programmes to raise rural income and help the landless with programmes such as Felda.

Our achievements in achieving growth with equity were recognised around the world. Our peer group in economic development were South Korea, Hong Kong, Singapore and Taiwan, and we led the pack. I remember we used to send technical consultants ! to advis e the South Koreans.

By the late 90s, however, we had fallen far behind this group and were competing with Thailand and Indonesia. Today, according to the latest World Investment Report, FDI into Malaysia is at a 20-year low.

We are entering the peer group of Cambodia, Burma and the Philippines as an investment destination. Thailand, despite a month-long siege of the capital, attracted more FDI than we did last year. Indonesia and Vietnam far outperform us, not as a statistical blip but consistently. Soon we shall have difficulty keeping up with the Philippines.

This, I believe, is called relegation. If we take into account FDI outflow, the picture is even more depressing. Last year, we received US$1.38 billion in investments but US$8.04 billion flowed out. We are the only country in Southeast Asia that has suffered net FDI outflow.

I am not against outward investment. It can be a good thing for the country. But an imbalance on this scale indicates capital flight, not mere investment overseas.

Time to wake up

Without a doubt, Malaysia is slipping. Billions have been looted from this country, and billions more are being siphoned out as our entire political structure crumbles. Yet we are gathered here in comfort, in a country that still seems to work most of the time. This is due less to good management than to the extraordinary wealth of this country.

You were born into a country of immense resources, both natural, cultural and social. We have been wearing down this advantage with mismanagement and corruption. With lies, tall tales and theft. We have a political class unwilling or unable to address the central issue of the day because they have grown fat and comfortable with a system built on lies and th! eft.

It is time to wake up. That waking up can begin here, right here, at this conference. Not tomorrow or the day after but today. So let me, as I have the honour of opening this conference, suggest the following:

1) Overcome the urge to have our hopes for the future endorsed by the prime minister. He will have retired, and Ill be long gone, when your future arrives. The shape of your future is being determined now.

2) Resist the temptation to say in line with when we do something. Your projects, believe it or not, dont have to be in line with any government campaign for them to be meaningful. You dont need to polish anyones apple. Just get on with what you plan to do.

3) Do not put a lid on certain issues as sensitive just because someone said they are. Or it is against the social contract. Or it is politicisation.

You dont need to have your conversation delimited by the hyper-sensitive among us. Sensitivity is often a club people use to hit each other with. Reasoned discussion of contentious issues builds understanding and trust. Stress test your ideas.

4) Its not conservative or liberal to ask for an end to having politics, economic policy, education policy and everything and the kitchen sink determined by race. Its called growing up.

5) Dont let the politicians you have invited here talk down to you.

Dont let them

Dont let them tell you how bright and exuberant you are, that you are the future of the nation, etc. If you close your eyes and flow with their flattery, you have safely joined the caravan, a caravan taking the nation down a sink hole.

If they tell you the future is in your hands, kindly request that they hand that future over first. Ask them how come the youngest member of our cabinet is 45? Our Merdeka cabinet had an average age below 30.

Youre not the first generation to be bright. Mine wasnt too stupid. But you could be the! first g eneration of students and young graduates in 50 years to push this nation through a major transformation. And it is a transformation we need desperately.

You will be told that much is expected of you, much has been given to you and so forth. This is all true. Actually much has also been stolen from you. Over the last twenty five years, much of the immense wealth generated by our productive people and our vast resources has been looted. This was supposed to have been your patrimony.

The uncomplicated sense of belonging fully, wholeheartedly, unreservedly, to this country, in all its diversity, that has been taken from you. Our sense of ourselves as Malaysians, a free and united people, has been replaced by a tale of racial strife and resentment that continues to haunt us. The thing is, this tale is false.

Reclaim your history

The most precious thing you have been deprived of has been your history. Someone of my generation finds it hard to describe what must seem like a completely different country to you now. Malaysia was not born in strife but in unity. Our independence was achieved through a demonstration of unity by the people in supporting a multiracial government led by Tunku Abdul Rahman.

That show of unity, demonstrated first through the municipal elections of 1952 and then through the Alliances landslide victory in the elections of 1955, showed that the people of Malaya were united in wanting their freedom. We surprised the British, who thought we could not do this.

Today we are no longer as united as we were then. We are also less free. I dont think this is a coincidence. It takes free people to have the psychological strength to overcome the confines of a racialised worldview. It takes free people to overcome those politicians bent on hanging on to power gained by racialising every feature of our life including our football teams.

Hence while you are at this confere! nce, let me argue, that as an absolute minimum, we should call for the repeal of unjust and much abused Acts of Parliament which are reversals of freedoms that we won at Merdeka.

I ask you in joining me in calling for the repeal of the ISA (Internal Security Act) and the OSA (Official Secrets Act). These draconian laws have been used, more often than not, as political tools rather than instruments of national security. They create a climate of fear.

I ask you to join me in calling for the repeal of the Printing and Publications Act, and above all, the Universities and University Colleges Act (UUCA). I dont see how you can pursue your student activism with such freedom and support in the UK and Eire while forgetting that your brethren at home are deprived of their basic rights of association and expression by the UUCA. The UUCA has done immense harm in dumbing down our universities.

We must have freedom as guaranteed under our constitution. Freedom to assemble, associate, speak, write, move. This is basic. Even on matters of race and even on religious matters we should be able to speak freely, and we shall educate each other.

Make BN multiracial

It is time to realise the dream of Hussein Onn and the spirit of the Alliance and of Tunku Abdul Rahman. That dream was one of unity and a single Malaysian people. They went as far as they could with it in their time. Instead of taking on the torch, we have reversed course. The next step for us as a country is to move beyond the infancy of race-based parties to a non-racial party system.

Our race-based party system is the key political reason why we are a sick country, declining before our own eyes, with money fleeing and people telling their children not to come home after their studies.

So let us try to take 1Malaysia seriously. Millions have been spent putting up billboards and adding the term to every conceivable thing. We even have Cuti-! cuti 1Ma laysia. Cant take a normal holiday anymore. This is all fine.

Now let us see if it means anything. Let us see the government of the day lead by example. 1Malaysia is empty because it is propagated by a government supported by a racially-based party system that is the chief cause of our inability to grow up in our race relations.

Our inability to grow up in our race relations is the chief reason why investors, and we ourselves, no longer have confidence in our economy. The reasons why we are behind Maldives in football, and behind the Philippines in FDI, are linked.

So let us take 1Malaysia seriously, and convert Barisan Nasional into a party open to all citizens. Let it be a multiracial party open to direct membership. Pakatan Rakyat will be forced to do the same or be left behind the times. Then we shall have the vehicles for a two party, non-race-based system.

If UMNO, MIC or MCA are afraid of losing supporters, let them get their members to join this new multiracial party. Pakatan Rakyat should do the same. Nobody need feel left out. UMNO members can join en masse. The Hainanese Kopitiam Owners Association can join whichever party they want, or both parties en masse if they like.

We can maintain our cherished civil associations, however we choose to associate. But we drop all communalism when we compete for the ballot. When our candidates stand for elections, let them ever after stand only as Malaysians, for better or worse.

http://www.malaysiakini.tv/video/19793/we-were-once-malaysians.html

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Taking Justice Seriously

August 1, 2010

Taking Justice Seriously

Speech by Anwar Ibrahim, Leader of the Opposition, Malaysian Parliament and Member of Parliament for Permatang Pauh at the 15th Malaysian Law Conference 2010, Kuala Lumpur Convention Centre, July 31, 2010

First, Id like to thank the organizing committee for inviting me to close the conference. Perhaps that is an understatement. Really, I should say that words cant convey my profound appreciation for the slings and arrows of outrageous fortune that your organization has to suffer by inviting me here. But then again, I see it as a mark of conviction and fortitude that you have stood your ground in the face of adversity. Therefore, I mean it in the truest sense when I say that I am greatly honored to be here to give my humble address to such a distinguished audience.

Today I shall depart from the usual practice of poking fun at lawyers. So let me take issue with Justice Oliver Wendell Holmes when he said that lawyers spend a great deal of their time shoveling smoke. This remark is totally uncalled for. Speaking from personal experience, I have seen the toil and the tears that some lawyers have to go through in handling certain cases.

I tell myself there must be some kind of masochistic tendency in them that they can carry on in spite of so much pain. And then on closer reflection, it has to do with the nobility of the profession and certain values in life. Of course, in any basket there are always some bad apples but as they say that shouldnt spoil the whole bunch.

Indeed, I am fortunate to be able to count among my close friends, lawyers of the highest integrity and dedication to their calling. Which is why I stand here before you in humility to speak on a subject that I believe is close to all of us.

So, with apologies to t! he emine nt legal philosopher Ronald Dworkin, I have chosen to title my speech today as Taking Justice Seriously.

Judge with Justice

As one saying goes, the principle of justice is so central in a civil society that without it the concept of law has no meaning. The Holy Quran enjoins us to judge with justice. According to St. Augustine, kingdoms are but great robberies if justice is taken away. In my own humble view, no civilized society can exist without it, for justice is so central that bereft of it, the very foundation of our humanity crumbles.

To be sure, in talking about justice, we are not confined to the judges and the judicial system of a country though that is a crucial component. Nor are we limited to discussing only the role of lawyers or the law enforcement agencies, though that too is essential. And justice is not only about subjecting the actions and policies of the Executive to intense scrutiny.

That too is of utmost importance. Indeed the subject encompasses all that have come to be associated with the idea of justice: freedom and democracy, the rule of law, constitutionalism, equity and fair play, social justice and the dignity of man. Let me begin with a historical account that is still relevant to the very idea of justice.

Emile Zola and a Malaysian Blogger chose Freedom in London

More than a century ago, the great French writer mile Zola published his famous open letter entitled Jaccuse on the front page of a leading Parisian newspaper. Expressed in highly emotional language, Zola charged the nations military top brass with conspiracy and anti-Semitism in dealing with the infamous Alfred Dreyfus affair. But instead of bringing the culprits to book, the authorities lost no time in arresting Zola, charging him with criminal libel, and having him tried as a common criminal. The show ! trial wa s so well managed that an angry bloodthirsty Parisian mob gathered outside the court house clamoring for Zolas head.

Anatole France, another eminent man of letters, came to his defence and valiantly testified to Zolas admirable good faith and absolute integrity. But this was of no consequence as Zola was hastily convicted and sentenced to jail. However, thanks to his quick thinking and survival instincts, Zola chose freedom instead and dashed off to England. By his reckoning, there was a total failure of justice and it would be foolish for him to submit to an utterly corrupt and unjust system.

Today as we sit here in closing three days of very spirited discussions about the state of law, of human rights and of justice in the nation, we find ourselves in a situation not much different from what I have just recounted. As you can readily gather, there is indeed an uncanny parallel between the Zola episode and what is currently going on here. And I am not talking about my case here. I am referring to the persecution of a famous blogger who published not Jaccuse but an equally sensational expose which shook the nation, and who has also chosen freedom in London.

The Tyranny of State Power

So, at the root of this episode is the issue of the peoples participation in matters which have a bearing on society they comment, they criticize and they expose the wrongdoings and shenanigans of those in power. Because of this, they are branded as enemies of the state and are hounded like common criminals.

From one angle, we could see this as a classic case of the tyranny of state power. Yes, we can view it that way or we can go beyond mere emotional outburst and look at it as a failure of the state to allow for government by discussion and participation.

According to one of t! he most influential public thinkers of our time, Nobel laureate Professor Amartya Sen, the central issues in a broader understanding of democracy are political participation, dialogue and public interaction.

The failure to allow for government by discussion can be seen for example in the deprivation of a free and independent press. Without this, the advancement of public reasoning is constrained and is forced to find its voice through other channels. The benefits of a free and independent media have been well expounded by leading writers and empirically we know what that is all about.

Free and Independent Press, Democracy and Justice

So, I need not and should not attempt to reinvent the wheel here. Unfortunately for us, far from having a free and independent press, we have one which is essentially a propaganda machine for the powers that be. As a result, the peoples voice can only be heard through an alternative media, one which thrives in spite of the constraints imposed by the authorities. As you know, we have a plethora of laws aimed at curbing freedom of expression enforced with the full might of the organs of state power.

Arbitrary, whimsical at times, but more often tyrannical and politically motivated. This is how I would characterize the Executive in their use of power. The fact that just a month ago, all three newspapers of the Pakatan Rakyat coalition were suspended speaks volumes about press freedom in this country.

The point is that media freedom is so central to the democratization process that without it there is neither democracy nor justice. To my mind, where the voices of truth are muzzled, where dissent is stifled and where opinions are censored, it is a travesty to call it democracy.

As Amartya Sen puts it so succinctly, the media is important not only for democracy but for the pursuit of justice in general. Discussion! less jus tice can be an incarcerating idea.

The suppression of the peoples voice is not restricted to just the media. The freedom to assemble and to listen to ceramahs (public lecture) is also severely curtailed and that is a violation of the peoples constitutional rights. In this regard, I must commend the Bar Council for having taken much initiative in its outreach program to educate the public about their fundamental rights as citizens of a nation founded on a constitutional charter.

Closely linked to this is what is known as the protective power of political liberty in securing justice. This is not a new concept. It is already laid down in our constitution. It is supposed to protect us from harassment and highhandedness of the authorities; it should protect us from arbitrary arrest and selective as well as vindictive prosecution; and it should protect us from the oppression and persecution of a less than impartial judiciary.

Now this protection is essential for the proper functioning of a true and viable democracy; not a democracy which is spun by an elaborate network of public relations campaigns at home and abroad with millions of the tax payers money to foot the bill; neither are we talking about a democracy that buys its way through op-ed columns and full page ads in foreign newspapers paid for by unknown sources; and most certainly not a democracy where the state rides rough shod over the rights of the people, treating the property of the state, the land and the rich resources like a private fiefdom, for the amassing of wealth and to live out the good life at the peoples expense.

In a true democracy, justice prevails in a system where the rule of law governs the administration of justice. That means judges will exercise their powers in accordance with the rule of law and will be mindful of the legi! timate e xpectations of the people as to their competency, dedication and impartiality. Our society is maturing and with it, expectations of the moral dimension of justice become greater. As John Rawls has said, laws and institutions, no matter how efficient and well arranged, must be reformed or abolished if they are unjust.

Arbitrary Use of Prosecutorial Powers

In a real democracy, sham trials will not see the light of day because the principles of justice and due process will prevent the arbitrary use of prosecutorial powers. Unfortunately, we have now become familiar with this scenario in various parts of the world: first, because of the fear of losing power, a strategy is unleashed with the sole aim of crushing the political threat. This is done by neutralizing the leader or leaders. Trumped-up charges are leveled no doubt aimed at putting them behind bars for good. Then, despite the best efforts of lawyers to mount a fool-proof defence, the judgment is a foregone conclusion.

The point is when the rule of law is crushed under the tyranny of politics the administration of justice becomes farcical and perverse. We would expect that in a real democracy, the use of the judicial process to bring down political opponents will not be tolerated. However, where judges are unable to stand up to the political masters, those prosecuted for political reasons are condemned even before the trial begins. At every step along the arduous path to finality, all manner of obstacles are thrown to frustrate them in their effort to secure a fair and just trial.

Good Governance: Rule of Law, not Rule by Men

We see the work of the ubiquitous unseen hand here, its invisibility made possible because of the utter lack of accountability and transparency in governance. Because of this, not only do we see the substitution of the rule of law by the! rule of men but we see the entire system and process of governance being turned on its head.

Without accountability, those who wield power can get away with anything. Contracts and projects worth millions of ringgit, even hundreds of millions, are doled out without any regard to proper and due process. There are also ventures which have cost the nation billions and when they fail, the ones responsible for the fiasco not only go unpunished but actually get to benefit from it. We may shake our heads in utter disbelief but the reality is staring us in the face. That is why taking justice seriously is no longer an option but an imperative.

Freedom of Information

As government is power, we must hold to account those who wield that power. The moral imperative lies not in accountability for the sake of political expediency but in the dictates of justice. This imperative must apply to all those holding power regardless of whether they are from the Federal Government or State Governments. Access to information is essential to enable citizens to challenge actions of public officials and to seek redress for misconduct.

While freedom of information laws will secure open government by fiat, the question remains as to why the moral imperative seems to evaporate along the corridors of power. In this regard, I am proud to say that, the government of Selangor has passed the Freedom of Information Enactment in spite of the obstacles thrown in its path. This is part and parcel of the Pakatan Rakyat reform agenda. In terms of governance, there shall be no compromise on accountability and transparency. We see what is wrong, we make good and we move forward. On the other hand, the Federal Government appears to be hell bent on turning back the clock.

They say that this enactment is bad law because it contradicts the Official Secrets Act. On the contrary, we say that it is the Official S! ecrets A ct which is bad law because it violates the basic guarantees of the Federal Constitution. And more importantly in the context of justice, we believe we are on the right side of the moral argument because if there is nothing to hide, why is there a need to keep secrets? If we can defend our actions, why do we need to hide behind secrecy laws?

Corruption and Abuse of Power

The amassing of wealth through corrupt means, the abuse of executive power for material gain, and the squandering of tax payers money these are some of the hallmarks of the failure to have accountability and they impact directly on the question of justice. Every ringgit squandered or misappropriated is every ringgit that should rightly have gone to the people for their benefit, for free education, and for free health care. The demands of social justice alone therefore warrant the absolute need for accountability.

al-Adala al-Ijtimaiyya (Social Justice)

In Islam, the idea of social justice or al-Adala al-Ijtimaiyya enjoins upon the equitable distribution of wealth while protecting the higher objectives of the Shariah or al-Maqasid al-Shariah. Among these is the safeguarding and preservation of property, that is, protecting the wealth of the community from being pillaged and plundered by those in power. By extension, good economic governance is a moral imperative and any government which prides itself as being responsible to the people must be committed to a sound and balanced economic agenda.

This is why we have a reform agenda that aims at reducing the socio-economic inequities of the people while at the same promoting healthy economic growth. In this agenda, we welcome domestic and foreign private-sector investment initiatives, generate full employment opportunities, and ensure robust development that adds long term value to the economy. But we will have no truck with the rent-seeking practices, crony capitalism or ostentatious an! d wastef ul development of our predecessors.

Sustainable Development for Quality of Life and Human Dignity

Sustainable development is not a mere numbers game. As an integral part of the notion of justice, development must proceed on an even keel with the other elements so as to enhance the quality of life and uplift the dignity of all. We are not saying that this can be achieved at the blink of an eye. Indeed, with Federal power still concentrated in the hands of an elite few the odds are heavily stacked against us. The path ahead is fraught with danger and obstacles. But despair not.

Let us fortify our resolve to take justice seriously and fight for the future of our generations. For in the words of Anatole France: We will win, because we are right, and because reason is on our side.

Thank you.

See What Barisan Nasional Gotta Say?

Anwar Ibrahim at the Malaysian Law Conference

August 1, 2010

Anwar Ibrahim at the Malaysian Law Conference (July 31, 2010)

July 31, 2010

Law conference: Anwar takes dig at AG absence

by Regina Lee@www.malaysiakini.com

Now that the 15th Malaysian Law Conference has come to a close, Anwar Ibrahim and the Bar Council organising committee are making light the controversy caused by the opposition leaders presence at the conference.

As Anwar (left) gave his closing address, he applauded the organising committees bravado for inviting him to the event, a move that was said to have cost Attorney-General Abdul Gani Patails presence.

Really, I should say that words cant convey my profound appreciation for the slings and arrows of outrageous fortune that your organisation had to suffer by inviting me here.

But then again, I see it as a mark of conviction and fortitude that you have stood your ground in the face of adversity, said Anwar to the applause of the 400 participants at the Kuala Lumpur Convention Centre this afternoon.

Anwar is the first parliamentary opposition leader to be invited to close the three-day conference.

A costly decision

Bar Council president K Ragunath (right) poked fun at the controversy, while at the same time hinting at the repercussions they had endured to get the PKR de facto leader to grace the event.

When Anwar asked me for the (South African Chief Justice Sandile Ngcobos) speech, I told (PKR vice-president and lawyer R Sivarasa) that Ill g! ive it to him for a reasonable fee. And then Anwar looked at Siva and told him to tell me how much he charges to give a speech.

I then told Siva to tell Anwar how much we have lost in monies and advertising, just to get him to speak here, he quipped, to laughter from the hall.

Ragunath turned serious, saying that the decision to invite Anwar was a collective one by the Bar Council.

It was an easy decision for us. It was the right thing for us to do, he said. It was speculated that Anwars official presence at the law conference was why Abdul Gani turned down the invitation to attend, although the attorney-general did not disclose his reasons.

Prime Minister Najib Razak also turned down the invitation, saying he would be overseas.

Letter & Opinion From Joe Public

Anwar Ibrahim at the World Law Conference

August 1, 2010

Anwar Ibrahim at the World Law Conference (July 31, 2010)

July 31, 2010

Law conference: Anwar takes dig at AG absence

by Regina Lee@www.malaysiakini.com

Now that the 15th Malaysian Law Conference has come to a close, Anwar Ibrahim and the Bar Council organising committee are making light the controversy caused by the opposition leaders presence at the conference.

As Anwar (left) gave his closing address, he applauded the organising committees bravado for inviting him to the event, a move that was said to have cost Attorney-General Abdul Gani Patails presence.

Really, I should say that words cant convey my profound appreciation for the slings and arrows of outrageous fortune that your organisation had to suffer by inviting me here.

But then again, I see it as a mark of conviction and fortitude that you have stood your ground in the face of adversity, said Anwar to the applause of the 400 participants at the Kuala Lumpur Convention Centre this afternoon.

Anwar is the first parliamentary opposition leader to be invited to close the three-day conference.

A costly decision

Bar Council president K Ragunath (right) poked fun at the controversy, while at the same time hinting at the repercussions they had endured to get the PKR de facto leader to grace the event.

When Anwar asked me for the (South African Chief Justice Sandile Ngcobos) speech, I told (PKR vice-president and lawyer R Sivarasa) that Ill give it to him for a reasonable fee. And then Anwar looked at Si! va and t old him to tell me how much he charges to give a speech.

I then told Siva to tell Anwar how much we have lost in monies and advertising, just to get him to speak here, he quipped, to laughter from the hall.

Ragunath turned serious, saying that the decision to invite Anwar was a collective one by the Bar Council.

It was an easy decision for us. It was the right thing for us to do, he said. It was speculated that Anwars official presence at the law conference was why Abdul Gani turned down the invitation to attend, although the attorney-general did not disclose his reasons.

Prime Minister Najib Razak also turned down the invitation, saying he would be overseas.

See What Barisan Nasional Gotta Say?

Sokong Karpal: Bunuh Perogol Kanak-Kanak

NOTA EDITOR: Tulang Besi menyokong 100% cadangan Karpal Singh supaya perogol kanak-kanak dihukum bunuh. Malahan, bagi Tulang Besi, hukuman bunuh sahaja tidak cukup. Bagi Tulang Besi, Malaysia wajib memperkenalkan hukuman salib di khalayak ramai kepada perogol-perool kanak-kanak. Dalam isu ini, kita wajib mempersetankan panggilan para pejuang hak asasi manusia. Mereka yang didapati bersalah kerana merogol kanak-kanak tidak layak mendapat hak asasi manusia. Apa akan jadi pada anak cucu kita kelak apabila anak-anak kita tidak selamat dari menjadi mangsa rogol? Generasi masa depan kita akan hancur sekiranya kita tidak dapat memastikan keselamatan anak-anak kita dari menjadi mangsa rogol.

Karpal suggests death penalty for child rapists
Sat, 31 Jul 2010 17:44

KUALA LUMPUR: DAP chairman Karpal Singh today called upon the government to amend Section 376 of the Penal Code to provide for the death penalty for child rapists. Karpal said although he had been an advocate for the abolition of the death penalty, in light of the daily occurrences of crimes against children, in particular, instances of rape against them, it was time for the government to act in the public interest which demanded the introduction of measures which were bold and effective.

"This is to send a clear message to would-be offenders that the law will not tolerate anymore the rape of innocent children," he said in a statement today.

Karpal said the recent alleged rape of a 10-year-old girl while being driven from school in a school bus by the driver brought into sharp focus the dire necessity of reviewing the penalty for such offences.

He said the punishment for rape of a child under the age of 12 under Section 376(2)(e) of the Penal Code was a term of imprisonment which might extend to 30 years together with whipping.

Undoubtedly, he said the guilt of the accused must be proven beyond any reasonable doubt and of course in cases where an accused was caught red-handed in the act its! elf supp orted by the evidence of credible eye witnesses, there should be no difficulty in proving the case beyond reasonable doubt.

"I am mindful of the danger of the execution of an innocent man. The execution of the death penalty is irreversible. The horror suffered by an innocent man condemned to death at the instance of the state is beyond imagination," he said.

However, he said the magnitude of the offence of rape of an innocent child in broad daylight in the observance of eye witnesses must attract the need to amend the law.

- Bernama

Letter & Opinion From Joe Public