Federal Court’s decision on Perak MB; a good one?

If one is to take a neutral stand being apolitical, I am inclined to agree with the decision particularly at the interpretation on Article 16(6) of the Perak Constitution. When CJ Malaya Ariffin Zakaria read out the judgment of the court, after about 5 minutes any sensible person could had figured out that the decision will be in favour of Zambry. When I heard that in court, I suspected part the judgment very much of a ‘cut-and-paste’ from the Court of Appeal decision by J. Raus and J. Zainon Ali. Nonetheless, with this decision, it may well set a precedent that in future any defection of assemblymen in other states could form a government so long as the Sultan agrees, thus making the vote of confidence in the Legislative Assembly unnecessary. However J. Ariffin did mentioned that: “However, we would add that this is by no means the end of the matter, as it is always open to the appellant (Nizar) to bring a vote of no confidence against the respondent (Zambry) in the Legislative Assembly or make a representation to His Royal Highness the Sultan of Perak at any time if he thinks that the respondent does not enjoy the support of the majority of the members of the Assembly”. (I am unsure whether he meant the current position or if there is any defection back to Pakatan).

According to a lawyer friend, such decision will also implies that the monarchy plays a role in the administration of the country which is not a healthy democracy practice. It is also reported that Nizar is alleging the court allows absolute monarchy system in the country. This I may beg to dissent, although enjoy a wide discretion in certain political matters, a Sultan is a constitutional and not an absolutist monarch. HRH roles are defined and limited by the law, which is why HRH must give his assent and let the courts decide on any question of constitutionality. This is explicitly stated under section 1(2) of Part I of the Eighth Schedule of the Federal Constitution and provisions of the State Constitution where the Ruler is allowed to exercise personal judgment in withholding of consent to a request for the dissolution of the Assembly and appointment of MB.

Perhaps there is an urgent need to legislate laws specifically pertaining to the same or an Anti-Hopping Act.

Sodomy II, a political conspiracy?

Dato Seri Anwar Ibrahim has consistently denied the charges, saying they are part of a political conspiracy against him. He was right behind me (in the dock) when he said “malicious and frivolous, it is trumped up by political masters using the prosecution for that purpose”.

I do not intend to divulge what has transpired over the last four days in Anwar’s trial. After all, the learned judge did warned us particularly the evidence and facts (lurid testimony of Saiful) during the close-door session on the second day, to be kept within the four walls. As the trial is ongoing, it would also be subjudicial for me to comment specifically. In addition, Rais Yatim warned bloggers to be ethical in realtion to the sodomy trial (for this I would talk about it next time ie on freedom of speech).

Beside observing the procedural fairness of the trial, I must admit that much emphasis have been in analysing the expression of both Dato Seri Anwar and Saiful. The defence team has been aggressive and bold but did gave me the inclination to question their rationality. Perhaps they need to be convinced that Anwar is innocent in order to conduct the trial with full conviction. Moreover the lead counsel is also a prominent politician and president of an opposition party. An international observer told me that such is very unusual in her country.

On the other hand, the prosecution team seems to be using the soft-approach, although the solicitor-general did handled several of objections with confidence. What a humble and friendly man he is.

This could be a make-or-break moment in Anwar’s tempestuous career. Whatever it is, by putting him on trial could be a politically risky strategy. But then again, one will finds it hard to understand the urge and mentality of “that kind of person” unless you are one.

Sodomy II: Visit to the alleged crime scene

KUALA LUMPUR: The sodomy trial of Opposition Leader Datuk Seri Anwar Ibrahim which opened today was adjourned this evening with the trial judge granting a defence request for accuser Mohd Saiful Bukhari Azlan to continue his testimony in-camera tomorrow.

Mohd Saiful took the stand as the first witness after Anwar claimed trial.

Solicitor-General II Datuk Mohd Yusof Zainal Abiden, in his opening statement, said the prosecution would adduce evidence to show that the semen sample removed from the anus of Mohd Saiful Bukhari Azlan was confirmed by the Chemistry Department to have belonged to Anwar.

Anwar, who is Parti Keadilan Rakyat (PKR) advisor and Permatang Pauh MP, is accused of having sodomised Mohd Saiful, 25, at Unit 11-5-1 of the Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara, between 3.01pm and 4.30pm on June 26, 2008.

He is charged under Section 377B of the Penal Code which carries a maximum jail term of 20 years and whipping upon conviction.

WHO’S WHO IN ANWAR’S SODOMY TRIAL:

The accused: Datuk Seri Anwar Ibrahim

The charge: Datuk Seri Anwar Ibrahim is charged under Section 377B of the Penal Code with committing carnal intercourse against the order of nature with Mohd Saiful Bukhari Azlan by inserting his penis into the anus of Mohd Saiful Bukhari on June 26, 2008 between 3.01pm and 4.30pm at Unit 11-5-1, Desa Damansara Condominium, No 99, Jalan Setiakasih, Bukit Damansara, Kuala Lumpur

The Judge: Justice Datuk Mohamad Zabidin Mohd Diah

The defence team: Karpal Singh, Datuk Param Cumaraswamy, Datuk C.V. Prabhakaran, Marisa Fernando, Mohd Razlan Jalaluddin, S.N. Nair, Ramkarpal Singh Deo

The prosecution: Solicitor-General II Datuk Mohd Yusof Zainal Abiden, Datuk Nordin Hassan, Mohamad Hanafiah Zakaria, Wong Chiang Kiat, Noorin Badaruddin, Farah Azlina Latif

Bar lawyers: Zambri Idrus (for Saiful Bukhari), Rajpal Singh and Andy Yong.

- Bernama

Perbicaraan Liwat II Anwar Menarik Tumpuan Antarabangsa

Apakah agenda seseorang itu dengan menjemput orang luar menyaksikan sesuatu perbicaraan yang menuduh konspirasi politik dan cuba memburukkan imej negara? Supaya pelabor asing tidak akan melabur ke negara kita? Supaya menggambarkan bahawa Malaysia adalah sebuah negara yang tidak boleh dipercayai? Supaya ekonomi negara akan runtuh? Baik atau buruk, sedemikian adalah perihal negara kita dan tidak wajar ‘to wash dirty linen in the public’. Semoga Malaysia akan dikutuk, diberi tekanan dan mengalami ekonomi buruk supaya mereka dan rakyat menyokong kerajaan baru?

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KUALA LUMPUR, Feb 2 — Perbicaraan kes liwat pemimpin pembangkang Datuk Seri Anwar Ibrahim di Mahkamah Tinggi di sini turut mendapat perhatian pemerhati antarabangsa dan wakil dari kedutaan asing.

Beberapa orang daripada kalangan mereka hadir di Mahkamah Tinggi hari ini semasa hakim perbicaraan Datuk Mohamad Zabidin Mohd Diah mendengar permohonan Anwar untuk menangguhkan perbicaraan dan usaha oleh para peguamnya untuk mendapat semakan terhadap keputusan Mahkamah Persekutuan minggu lepas yang tidak membenarkan Anwar memperoleh dokumen daripada pihak pendakwaan.

Wakil Persatuan Peguam Antarabangsa Jennifer Robinson berkata beliau gembira kerana mahkamah memaklumi kehadiran mereka di mahkamah sebagai pemerhati.

“Sungguhpun masih terlalu awal untuk memperkatakan tentang kes ini, kami gembira dapat berada di sini dan dibenarkan mengikuti prosiding perbicaraan,” kata Robinson, yang berpejabat di London.

Wakil Suruhanjaya Antarabangsa Pakar Undang-undang dan Peraturan Asia Mark Trowell pula berkata ini bukanlah kali pertama pertubuhan beliau hadir sebagai pemerhati dalam prosiding mahkamah di Malaysia.

Beliau berada di sini semasa perbicaraan kes hasutan membabitkan Pengerusi DAP Karpal Singh tahun lepas.

“Saya mahu mendapat pandangan yang tegas berhubung kes ini dengan mengikuti prosiding mahkamah,” kata Trowell.

Seorang pemerhati dari Kesatuan Eropah (EU) pula berkata adalah penting untuk mengikuti perbicaraan memandangkan kes itu berprofil tinggi dan beliau akan mengemukakan laporan kepada ibu pejabat EU di akhir perbicaraan.

“Tugas saya hanyalah untuk memerhati apa yang berlaku dalam mahkamah dan saya akan bergilir-gilir dengan wakil kedutaan lain dari negara EU sebelum kami membuat penilaian sendiri mengenai perbicaraan ini,” katanya.

Majlis Peguam Malaysia juga menghantar dua wakil iaitu Rajpal Singh dan Andy Yong di dalam perbicaraan tersebut. Rajpal berkata kehadiran kumpulan besar pemerhati antarabangsa itu menunjukkan bahawa komuniti antarabangsa prihatin dengan perbicaraan itu yang membabitkan seorang pemimpin pembangkang.

“Secara umumnya, mereka mahu memastikan bahawa Anwar akan dibicarakan dengan adil,” kata Rajpal yang merupakan peguam pemerhati bagi Majlis Peguam. — Bernama

Khabar angin pilihanraya kecil Batu

Kebelakangan ini, ramai di kalangan ahli-ahli Gerakan mulai bertanya siapakah yang akan dicalonkan di dalam pilihanraya kecil Batu jika ia berlaku dalam tahun ini. Lawatan TPM Tan Sri Muhyiddin bulan lepas juga menguatkan khabar tersebut. Kalau begitu, adakah keputusan Mahkamah itu dapat ditentukan seolah-olah kerajaan BN yang membuat keputusan? Kalau tidak, kenapa pula percakapan pilihanraya kecil itu bukan sahaja Gerakan tetapi juga di antara ahli-ahli UMNO? Di samping itu, ada juga yang mengatakan bahawa ahli-ahli PKR sendiri yang tidak mahu Tian Chua sebagai wakil rakyat di situ.

Pada Jumaat lalu, Mahkamah Tinggi menetapkan satu lagi tarikh sebutan pada 4 Mac bagi rayuan itu. Entah kenapa alasan penghakiman, nota keterangan dan rekod rayuan itu perlu begitu lama untuk disediakan atau sengaja dilengahkan. Ini jelas membuktikan sesuatu yang tidak mengena kerana keputusan itu tidak begitu rumit atau panjang terutamanya Tuan Majistret sendiri telahpun mengumumkannya secara terperinci semasa hari keputusan itu pada Oktober lepas.

Jika pilihanraya tersebut tidak dapat dielakkan, siapakah yang mempunyai peluang lebih baik kali ini? Ramai di akar umbi dan penduduk Batu yakin bahawa PKR tetap akan menang tetapi sedemikian akan dicabar oleh UMNO disebabkan sokongan pengundi Melayu dan India yang mungkin kembali kali ini. Sejak 308, Tian Chua lebih banyak menarik sokongan masyarakat Melayu dengan sering melawat kegiatan dan aktiviti-aktiviti mereka, berdialog dan sebagainya (semua orang tahu pengundi Cina di Batu masih tidak menyebelahi kerajaan BN, oleh itu Tian Chua tidak perlu risau). Secara keseluruhannya adakah kawasan Batu dimajukan atau berbeza dengan dahulu? Apakah pembangunan yang dapat dilihat selepas 308? Memang tidak dinafikan bahawa prestasi YB terdahulu sama ada Alex Lee atau Ng Lip Yong adalah jauh lebih berkesan. Ironiknya jika kucing si Abu itu dicalonkan pada pilihanraya umum lepas itu pun boleh menang di kawasan Batu (= Asalkan Bukan Umno).

Baru-baru ini adalah dilaporkan Tian Chua tidak akan merayu seterusnya jika proses rayuannya di Mahkamah Tinggi Kuala Lumpur kalah.

“Saya tidak boleh fikirkan soal diri saya lagi tetapi untuk parti jika kalah dalam rayuan itu. Saya nak pastikan ada pilihanraya kecil di situ,” kata Tian Chua. Beliau yakin PKR dapat menawan balik kawasan Batu sekiranya berdepan dengan calon BN-Gerakan di situ.

“Saya menduga berat sikit bagi kami jika calon UMNO bertanding di situ tetapi jika calon Gerakan kami pasti menang mudah,” katanya. Beliau jelas memandang rendah terhadap calon Gerakan, seandainya tidak memahami apakah itu politik sebenar, bukan semata-mata pandangan rakyat biasa. Ataupun ia merupakan satu permainan psikologi.

Walaubagaimanapun, ada juga yang mengatakan bahawa UMNO berniat mengambil kerusi Batu kali ini kerana berpendapat bahawa mereka lebih berkebolehan dan kuat terutama jenteranya. Pada saya jikalau niat mereka (UMNO, MIC) adalah untuk mendapatkan keuntungan dan wang sebagai tanda sokongan seperti dulu, ketua-ketua cawangan/bahagian akan lebih suka Gerakan dicalonkan, di mana mentaliti sedemikian akan menjahanamkan perjuangan sebenar. Ya, amat menyedihkan, politik longkang. Jikalau benar-benar pasal perjuangan tulen dengan adanya mereka yang ikhlas dan mahu berkhidmat demi kebaikan rakyat Batu, saya ucapkan tahniah walaupun tindakan sedemikian tentu akan mencetuskan perhubungan pahit bagi Gerakan di dalam BN.

Semoga mereka yang terlibat kali ini atau di masa depan sedar kepentingan keikhlasan politik demi rakyat dan bukan kocek masing-masing.

Leadership Quality

“True leaders are never created by memos from headquarters, sycophanticsm, power struggles, favouritism or coups. Those who foist themselves on others, flaunt their power, or demand your loyalty are not truly leaders” – Van Crouch

“Scandals in government are not a new phenomena. What seems to be new is the moral blindness or callousness which allows those in responsible positions to accept the practices which the facts reveal. It is bad enough for us to have corruption in our midst, but it is worse if it is to be condoned and accepted as inevitable” – J.William Fulbright

Recent ISA threat and arrest; a ploy?

Kuala Lumpur, 28 January 2010 – Legal, Public Complaints & Social Welfare Bureau of Pemuda Nasional Parti Gerakan questions the recent detention of the 10 suspected terrorist under the Internal Security Act (ISA). Its bureau head Andy Yong avers that while it is important to protect the security of the nation, it should not be doing it at the expense of violating the fundamental liberties of the people. The bureau also urges the Home Ministry to charge the suspected terrorist under the Penal Code instead. For purpose of investigation the suspects can be remanded in accordance to the Criminal Procedure Code.

The bureau further claims that the inconsistency of information and refusal to disclose details of the suspects also raised a question whether such act is a ploy to gain popularity of the ISA considering the government is tabling the review in the next parliament sitting.

Until today, the precise proposed amendment of the ISA is not disclosed except for saying it will relates to the 5 issues namely the detention period, ministerial power, abuse of power, the rights and treatment of the detainees and no detention without trial.

Andy further commented that “it is high time for the government to consider repealing the said Act as the public know that it is an archaic and draconian piece of legislation. Why is it so difficult for them to repeal the same and replace it with something like the Anti-Terrorism Act?” He also said “if the position of the ISA remains status quo, that means everyone runs the risk of being detained simply because the authority labeled him or her as a suspected terrorist or extremist without concrete evidence and this is unjustifiable”.

Is ISA the answer?

Initially the Home Ministry refuted claims that there was any ISA arrest. Subsequently the Home Minister admitted there are 10 arrest of suspected terrorists of which 9 are foreigners. Now, why such an inconsistency again?

Last week the Minister had also warned that he will not hesitate to use the ISA against the arsonists. Whatever it is, a friend told me the possibility of the whole recent episode could be part of a ploy to gain popularity and support for the ISA particularly when the bill to amend should be tabled in the next parliament sitting in March (of which it fails to do so in the last sitting as proposed, again inconsistency). By then, someone may say: “looking back at what happen to the ‘Allah’ incidents etc, the ISA is indeed necessary”. Until today, the precise amendment of the ISA is not disclosed except for the 5 issues ie detention period, ministerial power, the rights and treatment of ISA detainees, abuse and no detention without trial.

Be that as it may (which I supported such move if it is sincere), why is it so difficult for the government to repeal such an outdated and draconian Act and replace it with a sensible one like the Anti-Terrorism/Extremism Act? Is it because they still need it as a political tool to suppress unfairly?

Excuses and reasons of the possible covert and confidential information in order to prevent the worse such as bombing or killing is unjustfiable. If there is concrete evidence, just charge this ‘terrorists or extremists’ within the parameter of the available laws such as the Penal Code. Or at least, they can be detained under section 117 for further investigation, after all the authority must have some clues and information before the arrest. Otherwise, just imagine a person who is living in a democratic country like ours can be detained at any time as a suspected terrorist or extremist without proof, without trial, no family/lawyer contact etc (which I dont need to elaborate further). I agree that we cannot allow any opportunity of a terrorist act but not by violating our fundamental rights. Past events of the ISA being abused are no more acceptable, even if the country is prospering (but we are not).

On the other hand, the same person also told me there is a possibility that such despicable act of arson, throwing of wild-boar heads, red-paint etc are the plan/act of those (opposition) who intentionally wanted to inflame religious tension and cause disharmony in the country, so that the government of the day is to be blamed. If this is the case, those opposition leaders should go to hell!

At the end of the day, please stop all those monkey politics and be a conscientious politician for the rakyats if indeed the whole matter are politicised with ulterior motive.

‘Allah’: Whose God?

An interview with Khalid Samad, Marina Mahathir and Yusri Mohd:

Human Rights and BN

So far we have yet to hear anything specifically about human rights from the Prime Minister. His initiatives in the GTP can be the deciding factor if successful by the next general election, upholding social justice in the name of human rights principle must also not be neglected. It would well be another significant factor as the opposition is so fond of using this issue to discriminate the BN government. Of course, again, corruption is the main culprit. Any emphasis on human rights will enlightens the sincere strugglers of the same particularly the NGOs and Bar Council (but not those who use it as a platform for ulterior motive). Hopefully the PM will consider this seriously in his journey of 1Malaysia.

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The Star – KUALA LUMPUR: To ensure it stays in control and in power, the Malaysian Government has turned its back on promises to protect people’s rights, said Human Rights Watch.

In its report released Thursday, it said that when Datuk Seri Najib Tun Razak took over as prime minister in April 2009, he promised to respect the fundamental rights of the people but his government has failed to undertake the systematic reforms needed to fulfil that pledge.

It said the Government harassed the Opposition, improperly restricted the right to peaceful expression, association, and assembly, and mistreated migrants.

When it comes to human rights, Malaysia is more about rhetoric than reality, it said.

“The Malaysian Government appears to be more interested in pursuing short-term political advantage rather than safeguarding rights,” said Human Rights Watch deputy Asia director Phil Robertson.

The 612-page World Report 2010 reviewed human rights practices around the world over the last year.

It said the release of a number of Internal Security Act (ISA) detainees early in Najib’s term was a positive development, but stressed that Parliament should repeal the ISA and other repressive laws including the Police Act 1967, which it said, was used to justify a “violent crackdown” on a citizens’ march against the ISA.

The report also said that following the impact of the Internet on the last general election, the Government has tried to rein in non-traditional media, putting them and bloggers under closer scrutiny.

It also voiced concern over continued government control of the traditional media and called for the Printing Presses and Publications Act to be rescinded.

The report also criticised the Government for failing to distinguish refugees and asylum seekers from undocumented migrants and for its use of an “ill trained, abusive civilian force” (Rela) to crack down on undocumented migrants.

It said detainees were kept under inhumane conditions causing several of them to die last year while dozens were infected with leptospirosis, a disease spread by animal faeces in unclean water.

“How many more migrants have to die in detention before Malaysian policymakers wake up?” said Robert­son.

The report also criticised Malaysia for continuing to crimininalise adult consensual sexual behaviour including sodomy and said it is about time the government brought its criminal code into the 21st century.

Language barrier in Gerakan

Undoubtedly to some extent, an organisation or a family (particularly of different races) would be vulnerable in they do not speak in a common language. Although the voice of the majority prevails, one needs to look outside of a box especially in a political party. Thus in all forms of communication from text messages to emails, dialogue or debate, there are bound to have some individuals wondering if they are speaking to an alien in an indecipherable language.

Having said that, the National Youth leaders have consciously address this issue and unfortunately some are not in favour of using a common language such as Bahasa Malaysia. This is reflected in a previous central committee meeting as well as the grassroots opinion during my recent trip to Alor Gajah and Seremban. It is apparent that their concern is the ability to command other languages effectively other than the mother-tongue. I can understand such concern but what about the leaders and committee members? We need to inculcate he culture of answering questions confidently rather than handling them. Of course it takes more than just the command of a language. No wonder polliticians within and outside the party find it difficult to call a spade, a spade.

More worryingly is this seems to be evidence of party members are indeed viewing Gerakan as a Chinese party and displaying an unhealthy disregard for constructive engagement. We are sub-consciously practising self-censorship of a multi-racial party, reluctance to move forward (especially those who aspire of becoming a leader or representative of the people). Harnessing the energy and ingenuity of our political standing is essential for a relevant and acceptable party for all. We know that the challenges are an uphill task and the political scenario changes rapidly and dramatically. With these, the people becomes more connected and integrated, where boundaries no longer exist. The simple fact is this: we live in a multi-racial society. The key question has always been our willingness, ability and capacity to become a better leader and serve the rakyats truthfully.

By the way the Federal Court’s decision in overturning the ruling in the Adorna Properties case yesterday is indeed laudable.

Temuduga Perlembagaanku 2

Petrol Cap Dilemma

I hope there will not be another flip-flop and uncertainty in the government’s decision to impose pricing mechanism for petrol by May. The BN government could not afford to make more mistakes in their policy-making decision particularly those affecting public at large (eg. GST). The government must explain and educate the public to ensure thorough understanding instead of allowing them to speculate or to be spinned and criticised by the opposition.

For that, just visit any bookstores and browse the ‘politics’ section, one will always find all sort of books written and published by the opposition or BN antagonists. Except for the retired and on biography, why no author from the BN leaders? It will be absurd to say there is no one capable of writing. Hidden agenda? At the very least, the related ministries should publish booklets to explain any policies or misconception for a better public understanding for them to evaluate.

Pertaining to the proposed system that Malaysian car owner can only buy limited amount of subsidised petrol, there are many legitimate questions asked by the people. Some of those compiled are:

1. Subsidy will be given to only citizens or needy groups, what about foreigners who pay tax and has lived in the country for many years?

2. Is there any limit on Mykad holder pumping petrol in any one day or within a certain period?

3. What are exactly the mechanism, why can’t the government lays it out so that the public can be prepared or provide feedback before 1st May?

4. Is the government looking at engine capacity or the make of the car to determine who gets the subsidy? What capacity? What about 30 years old Mercedez owned by Pak Ahmad at the kampung?

5. How about expensive cars with smaller engine capacity?

6. Will there be 2 different pumps at the petrol stations or any system to verify?

7. Who decides on the capacity at petrol station?

8. Wouldn’t it will be troublesome for those who changes car?

9. While being an oil-producing country cannot afford to subsidise due global hike may be an issue, what about those days when the crude oil dropped to less that USD 40 but ours remained the same, where did the profit goes?

10. Why big car owners do not deserve to be subsidised when they already paid high duties and road tax?

Be cautious of your words, Nazri

Personally I am at the impression that Datuk Seri Nazri Aziz is a liberal and modern politician. Although some claim that he indulges in wine and cigar which led to a negative image, to me that is personal so long as he performs well. Of late there were feedbacks from the grassroots, public and even police officer about Nazri’s comment about the Allah issue. Can’t really blame Kit Siang asking the court to charge him for contempt when he openly said Justice Lau’s decision was wrong. What is he trying to prove? To gain Malays’ support?

In addition it is reported in the Star that Nazri allowed for non-Muslims in the FT, Penang, Sabah and Sarawak to use the word “Allah” because the head of state is not a Sultan. Why such a division? Isn’t it the Federal Constitution law prevails over any other enactment? 1Malaysia? What about Melaka and Negeri Sembilan?

No wonder there are even rumours to say that he may be out in the next Cabinet reshuffling. Anyway although it is never easy to speak to the hearts of all as a Minister, one shall be very cautious nowadays when he speaks, to look at the larger picture and understand the sentiment of the people.

Phase 2 MyConstitution

[Perlembagaanku.com] PETALING JAYA, 15 JAN, 2010: Bar Council Malaysia launched the second phase of its MyConstitution Campaign at Sunway University College in Bandar Sunway yesterday.

Bar Council Malaysia Chairperson Ragunath Kesavan said the campaign’s aim is to educate all Malaysians on the role, function, and content of the Federal Constitution, which is the most important document of our nation.

Bar Council Malaysia Chairman Ragunath (center) talks about how important
it is for all Malaysians to understand our Constitution.

“The Constitution, being the rule book for our country, has set up our system of government which consists of Parliament, the Executive, and the Judiciary, as well as the division of power between the Federal Government and the State Government,” Ragunath said during the launch ceremony.

He added that the campaign will explain the main content of the Constitution in simplified form.

“Federal Constitution has always been viewed as a complicated set of law by our society, but we want to change that perspective,” he said.

He said the campaign’s main target for the next two years is to reach and educate the youths and young adults between the ages of 15 to 35.

There will be nine phases of the campaign and each phase will be delivered by via pocket-sized booklet as well as a one-minute public service announcement video. Each phase will deal with a particular theme of the Constitution.

The first phase was launched on Nov 13 last year with a theme entitled What is the Federal Constitution? while the newly-released second phase is entitled Constitutional Institution and Separation of Powers.

The other seven upcoming phases will explain about Federal-State Relations, The Fundamental Liberties of the Peoples, Parliament, The Executive, The Judiciary, Election & Democracy and Sabah & Sarawak.

So far the response to the Bar Council’s educational initiative has been positive and the members of MyConstitution Facebook fanpage has reached 4,000.

Ragunath also gave his thoughts on the ‘Allah’ word usage issue saying that the matter should not have been brought to court in the first place.

“We think the best way to settle the issue is for involving parties is to have dialogues. We must find out why there are Muslims who are very sensitive about the usage of the word (‘Allah’) as well as why there are Christians who insists on using it,” he said.

He also hopes the issue could be concluded before the hearing of the case at the Court of Appeal.

“It is possible to settle the case if the involving party can come up with a new gazette which is agreeable to both sides before the hearing at the Court of Appeal,” he added.

Behind the scene –

Legal Year of 2010

Since 30 years ago, for the first time members of the legal fraternity from Judiciary, AG Chambers and Malaysian Bar got together this morning at the opening of the legal year in 2010. All 3 institutions agreed to uphold the rule of law and justice. Most importantly there was a consensus that we must work together to strive for a common goal in every aspects of our legal system. The Chief Justices of Singapore, Brunei and Guam also attended the function. Indeed a healthy relationship was fostered by the stakeholders. Good job CJ Tun Zaki!

PM: The Spirit of Islam

Read a book last night, discovered some comments of the PM pertaining to Islam delivered in 2006 (during his tenure as DPM), worth reflecting :

“We feel that the climate of religious tolerance and understanding has also come to be associated with Malaysia. Since our independence in 1957, we have for the most part of our history maintained peace and harmony by celebrating, rather than rejecting, our own deeply held religious, cultural and ethnic heritage and diversity. Unfortunately…malicious provocation can ruffle feathers and lead to tempers flying. What I find unsettling is that the rising level of intolerance and provocation is being set within an increasingly combustible context of civilisational mistrust…

Religions have throughout history played a positive role. They have been positively instrumental in creation of an ethical and moral society and high civilisation…Tensions will arise and conflict will occur if the conceptions of morality of one dominant civilsations and religion are forced upon others. We need to foster reasoned and civilised dialogue…beyond the realm of the intelligentsia…; it is absolutely vital to ensure that those ideas are then disseminated and explained to the wider public…

Islam has always emphasised the importance of peace…Prophet Muhammad himself showed the way centuries earlier, in bridging the great divide among religions…Let us celebrate the universal unity of humankind by continuing our efforts to build bridges…let us embark upon this journey so that we may build a new garden of peace here in the 21st century. We must begin now and do this together.”

Human Dignity

Who is going to argue that the basic human rights in relation to fundamental liberties, religious rights and socio-economic rights should be supported by our government? The significance is beyond doubt. There must be a strong reason why the Universal Declaration of Human Rights (UDHR) was introduced in Paris on 1948.

In my discussion over what occurred last Friday in the capital city, I received criticisms of my profound thinking of human rights in a recent trip to Singapore and Johor Bahru. Previously some politicians and party members also viewed my ideals as symphathetic but naive. I disagreed. Nevertheless such criticism merits consideration.

This is a sophisticated and, in its own way, fascinating view of human beings and their rights, but I have no sympathy for it. I cannot believe that covetousness, not the rational nature of man, is the distinguishing mark of “human dignity.” To believe that is to accept that one’s rights are as unlimited as one’s desires, and, thus, are the primary sources of conflict and disorder. No such belief is found anywhere in the classical tradition of law and rights. Human rights are not a legacy of the tradition’s representative theories of, say, John Locke. The UDHR are at odds with any view that takes human beings—and not just their desires seriously. Social justice is not a species of justice; it is as different from justice as equalising the satisfaction of wants is different from ordering interpersonal relations in accordance with freedom and equality.

There is a reason why the above is shared. Yes, I knew something which may be true or untrue.

I have just finished the late Tok Mat’s book entitled “UMNO: Akhir Sebuah Impian”. I have to agree that the political struggle today can no more about money and power only but a change relating to the needs of the rakyats. There must be a careful and genuine effort now for politicians and government of all to settle any religious issue in our country.

Stop playing the ‘Allah’ issue.

Reluctantly, I am inclined to agree with Anwar – why the double standards? Previously the sentiment of the same UMNO leaders pertaining to the ISA protest was in negative. Now what? Cannot stop them from protesting? However the consolation is the PM did warned those protesters to be confined it at the mosque premises only. Although the IGP made some sensible comments, is the force prepare to use water canon and tear gas? Are they going to apprehend any of the protesters? So far, I am encouraged with the PM’s initiatives in the GTP, it is a question of implementation and results now. The PM must be seen to be sincere in pushing for the 1Malaysia ambition. The plan of devil’s advocate or heroism must be out of the picture, the rakyats are no more fools. Otherwise one will never go far, no matter how shrewd or clever is the plan. In addition for heaven sake, no politician should be playing with the race or religion issue hoping to gain support or popularity. Whatever the strategy, ironically if PM or any of the UMNO leaders insist to play the racial cards in a smokescreen, this country is hopeless, perhaps it may worth the risk for a change in the federal government (although PKR is of the same breed).

They, the leaders and politicians should instead explain and educate the people about the law, facts, history and decision of the court. No one is tryng to provoke or confuse the Muslim community, stop spinning or twisting the message for selfish political mileage. To the fanatics or extremist, open your eyes and understanding the real situation. Be open. To progress is a benevolent act of all religions. Win-win solution is one thing, more importantly we must have the common interest and spirit to move forward as a nation. Be sincere and united, our diversity is an asset, not a liability. Be warned!

Opening of the Legal Year 2010

After a lapse of 30 years, members of the bench, the AG Chambers and Malaysian Bar will gather at Putrajaya International Convention Centre on 16 January 2010 in a symbolic start of our legal year. Chief Justice Tun Zaki Azmi, Attorney-General Tan Sri Abdul Gani Patail and Bar President Ragunath Kesavan will address the event. It will be a good start and all parties have to be open and fair in any discussion for the betterment of our laws and democracy.

“Upholding the cause of justice without any fear or favour”

Another ADUN joins Gerakan

Two days ago I planned to buy the books of “UMNO: Akhir Sebuah Impian” by Tok Mat and “The Law of Evidence” by FCJ Augustine Paul. Subsequently both of them passed away, sounds creepy? May their souls rest in peace.

I welcome our new saudara from Pahang who PKR tried to pull him over after the 308 but sdr. Ho decided to join us instead, hopefully this would increase our force to be strategised constructively.
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KUALA LUMPUR, Jan 2 – Ho Yip Kap, the independent state assemblyman for Tanah Rata in Pahang has officially joined Gerakan, a Barisan Nasional (BN) component party.

Announcing this in a statement here today, Pahang Gerakan state liason committee chairman Datuk Dr Ng Keong Chye said Ho’s decision to join Gerakan was made after due consideration to his supporters and grassroots’ views.

“We are proud with his decision to pick Gerakan as a new platform for him to serve the people, especially the constituents of Tanah Rata, despite him being approached by opposition parties.

“I believe we can work as a team for the benefit of the people,” Ng said.

He said Ho’s decision proved that many people still believed in Gerakan’s ideology and its political struggles to unite the people,irrespective of race, gender and religion to build a united, fair, just, liberal and progressive nation.

Ng said Gerakan would fully support Ho, a former headmaster, in continuing his efforts to fight for the welfare of his constituents.

With Ho joining Gerakan, the Barisan Nasional now has 38 seats in the 42-seat Pahang State Legislative Assembly. PAS and DAP have two seats each. – Bernama

Reminiscence of 2009

As 2009 comes to an end, there are many things we have seen and experienced. Some call it a year of politicking. They say that politics is the art of the possible. Whatever it is, I believe as for now (and the future) political decisions ought to be based on a consideration of what is best for all, made by those who are truly wise rather than on the basis of vested interests in power blocs.

Many Malaysians are well educated and knowledgeable now. When they are informed on public issues, they can assess who are the responsible, capable and just leader to represent them. An unenlightened public can be led astray by demagogues using patriotic prejudices, false promises and deceptive rhetoric to hide and distort irresponsible policies/decisions.

Talks about reviving the local council election, Kugan and Teoh Beng Hock’s death, Kartika’s caning, racial sentiment/Malay supremacy, 8 by-elections, PPSMI, court decisions, Perak crisis, cow protest, ISA demonstration, MCA saga, BTN, PKFZ, sale of jet engines and GTP were some of the highlights of the year.

While political analysts say support on Pakatan parties is not surging as anticipated, any major controversy issues and policies detrimental to the BN government will definitely have a negative impact to voters. Resistance is to be expected from both the BN and Pakatan politicians too. Ironically Pakatan parties had indeed met up more often than the BN coalition this year. They organized public talks and dinners around the country particularly in the BN stronghold states. Basically they have started their campaign. They are working hard to encourage more young Malaysians to register as voters, anticipating most of them would support them in the next general election. Likewise, UMNO is also doing their part to win back more Malay support on a hidden agenda. Some believe a strong and effective third force would be relevant now.

Personally my concern also includes the inertia and shortcomings of Parti Gerakan within and outside of the party, the way public perceived us in the political scenario today. 2010 will be a crucial year for BN and Gerakan as well. Constructive and intelligent bargaining is required if we want to be truly relevant. Leaders know what to do, it is time to be bold and sacrifice whatever motive they had, put the party first.

In time like this, it will be sensible to hope that the federal government and Pakatan-led states government can work together as a coherent whole – harmoniously, for the good of the country. Cordiality, responsibility, integrity, mutual understanding and solidarity are the hallmarks in the coming years. Power fighting is secondary. Politically, history has shown that anything is possible in our country. The PM must prove his seriousness about the GTP, get rid of corruption (at least to a great degree) and then execute the programme effectively.

Salam 1Malaysia, sincerely and fairly. Happy 2010 !

No RPGT if more than 5 years.

Last evening, PM Najib decided to review the 5% RPGT effective next year applicable only to sale of property purchased in less than 5 years. This is decided after appeals from several quarters of the public. I believe the exemption of the first time buyer and ‘love and affection’ transaction still applies. As a matter of fact, the first thing (perhaps the only one) I rectified during the announcement of the budget was the implementation of this RPGT regardless of the period. It is sensible now to say the tax is to deter speculation in the property market. Similarly many leaders in Gerakan also voiced against the same. The PM’s consideration after listening to the people is indeed laudable. Hopefully he would also looks into the GST constructively or at least explain clearly to the public particularly the ordinary layperson on the street.

“Merry Christmas”

Rancangan Umno terhadap Gerakan

PM telahpun mengarahkan semua pihak supaya tidak berdebat isu pengerusi BN Pulau Pinang. Tetapi masih terdapat pihak yang tidak puas hati walaupun kesemua pemimpin Pemuda BN ada berjumpa semalam atas persetujuan untuk bekerja sama. Ada udang di sebalik batu? Atau ada syaitan di belakang parti?

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Kuala Lumpur, Malaysiakini – Desakan meminta jawatan pengerusi BN Pulau Pinang diputuskan sebulat suara dalam sesi permukiman Umno negeri itu yang diadakan di Janda Baik, Pahang sebulan lalu.

Menurut seorang pemimpin kanan Umno negeri itu, yang enggan dikenali, sesi permukiman tersebut dihadiri oleh 299 pemimpin dari kesemua 13 bahagian, termasuk tiga sayap parti itu.

Oleh itu, tambahnya, kenyataan pengerusi perhubungan Umno Pulau Pinang, Datuk Seri Ahmad Zahid Hamid yang mahukan Gerakan menyerahkan jawatan tersebut kepada Umno adalah keptuusan sebulat suara umno negeri itu.

Dalam kenyataannya Sabtu lalu, Ahmad berkata permintaan itu munasabah kerana wakil Umno yang memenangi semua 11 kerusi yang dikuasai BN di Pulau Pinang dalam pilihan raya umum lepas.

Jawatan pengerusi BN Pulau Pinang tidak pernah dipegang wakil Umno sejak 35 tahun lalu dan jawatan itu kini dipegang Presiden Gerakan Tan Sri Dr Koh Tsu Koon.

Bagaimanapun dilaporkan Dr Koh enggan melepaskan jawatan tersebut kerana ia adalah jawatan itu disandang oleh Gerakan sejak lebih tiga dekad lalu.

Dalam pilihan raya umum lalu, Umno memenangi 13 kerusi termasuk dua kerusi parlimen di Pulau Pinang. Negeri itu mempunyai 40 kerusi DUN dan 13 kerusi parlimen.

Manakala semua komponen BN – Gerakan, MIC dan MCA – tewas semua kerusi yang mereka tandingi. Pulau Pinang kini ditadbir oleh kerajaan Pakatan Rakyat.

Mengulas lanjut, sumber Umno itu memberitahu Malaysiakini, keputusan agar jawatan tersebut diserahkan kepada Umno adalah salah satu usul yang dikemukakan dalam pertemuan tersebut.

Sumber itu mendakwa, selepas BN tumpas kepada Pakatan Rakyat pada 2008, Dr Koh sebagai pengerusi BN negeri tidak mengadakan mesyuarat dan mengatur gerak kerja bagi merampas Pulau Pinang.

“BN perlu menggerakkan jentera bagi merampas balik Pulau Pinang. Kalau (Dr Koh) tak mampu, lepaskan jawatan dan beri kepada orang lain, terutama kepada Umno,” katanya.

Bagaimanapun, sumber itu berkata, semua pemimpin Umno di Pulau Pinang akur dengan arahan Perdana Menteri Datuk Seri Najib Razak supaya tidak membangkitkan lagi isu tersebut.

MCA tidak senang dengan hasrat Umno itu, sementara Pemuda MIC negeri menyambut baik.

MERRY CHRISTMAS

WHATEVER IT IS, COUNT OUR BLESSINGS, HAVE A JOYOUS SEASON AND WONDERFUL NEW YEAR!

Gerakan Youth shines in Bangkok

Tan Sri Koh says ‘NO’

PENANG, Dec 19 – Gerakan president Tan Sri Dr Koh Tsu Koon rejected calls from the state Umno to take over the state Barisan Nasional (BN) chairmanship.

Koh, who is also the present state BN chairman, said the post has been held by Gerakan leaders for more than 35 years.

“So why should we raise it again where it is very clear that any changes will not be agreed by Gerakan,” he told reporters before officiating the Penang Teenage Improvement Leadership Training Camp here today.

Koh was commenting on a call by the state Umno Liaison Committee chairman Datuk Seri Dr Ahmad Zahid Hamidi that the state BN chairman’s seat should be held by an Umno leader as Umno held all the seats won by the BN in the state during the last general election.

However, Koh said since Gerakan has been holding the post for so many years, the party would object to any proposal for change.

“The arrangement of the chairmanship was endorsed again in the middle of this year by the BN supreme council and it should not be raised yet again,” he said.

Koh, who is Minister in the Prime Minister’s Department, also urged Umno leaders not to raise sensitive issues that may damage the image of BN and even Umno.

“It would not benefit any party by raising the issue again, instead it may only damage BN’s image in the eyes of the community in Penang and elsewhere,” he said.

Yesterday, during the state Umno meeting chaired by Ahmad Zahid who is also the Defence Minister, he was quoted as saying that the request for the chairmanship was not in the interest of any individual but for the sake of the party that won 11 seats during the last General Election.

Ahmad Zahid also hoped that Penang Umno’s desire to take over the chairmanship would be considered by the BN supreme leadership. – Bernama

Can MACC work after 5.30pm now?

Last month the High Court decided that the MACC is only allowed to question witness(es) during normal working hours ie between 8.30 am to 5.30 pm. Justice Arif interpreted the later pertaining to the meaning of “day to day” as in section 30(3)(a) of the MACC Act. Today the Court of Appeal overruled the said decision.

Previously by quoting rule 20 of the Lock-up Rules 1953 Karpal Singh argued that the decision also applies to the police force but it was rebutted by the IGP. That means as for now the MACC can interogate witness at anytime of the day. Perhaps one needs to understand the meaning of detainee, suspect and witness. The rule quoted by Karpal refers to detainees which must be brought to court within 24 hours. I understand the the Court of Appeal’s decision was due to the earlier paragraph of the Act where there is no specific fixed period stated in relation to interogation of witness/es.

We need to be rational and pragmatic. Many staunch Pakatan supporters/netizens are out there to criticise the government and judiciary in the said decision. The word “day to day” business can be quite subjective where for a legal firm it would means 9 to 5 but for a five star hotel or Seven-Eleven, it is 24 hours round the clock. We should not antagonise the decision just because of the death of Teoh Beng Hock or what Karpal said or simply because we dislike UMNO government.

I did some research and discovered that in Britain and Hong Kong, their anti-corruption agency and police force had always question witnesses after working hours – there is no law to forbid so. Quite often many crimes occur during the night and if the enforcement agencies are not allow to question those suspected or witness as quick as possible, the evidence would likely be disposed of or the offender will disappeared. Read an example such as a kidnapping case that happens after working hours, can we imagine how will the family members feel if the police tells them that the suspect or witness can only be questioned the next morning? Thus no investigation can be done?

Corruption is not an individual crime.

Had lunch with 2 media friends this afternoon. We agreed that generally whether there is a need to consider opting out of BN or to change the leadership, we must look at a broader picture in politics. Although there are many staunch supporters, it is and will be an uphill battle for the opposition. The latter may be perceived not ready and strong enough to rule the federal government for various reasons. PM Najib is actually working hard to address rakyats concerns on various significant issues such as the 6 NKRAs for the betterment of the nation.

One of the six NKRAs is to fight against corruption. Unfortunately I am not invited to give my feedbacks of the same this Thursday before the PM opens up the plan on Friday. Undoubtedly corruption/bribery is a serious problem. A country will never go far with such culture. There can never be a complete eradication, but just look at countries like Japan, Hong Kong and Singapore, would pretty much explain the overall difference.

It is important to appreciate that the bribe-payer or its agents are not the only people who can try to prevent bribery or take steps after the fact to mitigate its impact. Bribery is not an individual crime. There are always two sides to a corrupt bargain. Everyone is in the position to combat corruption. For instance the government can do it by carefully screening, supervising, ‘trapping’, motivating or even prosecuting its officials.

The trend to bribe civil servants and public contracting does not necessarily indicate the extent to which an individual or a firm has fallen short of its obligations to combat corruption. Sadly there are still many businessmen, particularly the Chinese prefer the practice uninterrupted in order not to break the rice bowl. So the zero-tolerance approach is not favourable by all or is often misguided.

Specifically, the zero-tolerance approach does not take into account the extent to which firm, individual or business has not only attempted to prevent corruption, cooperated with law enforcement authorities, and created value for the government in the course of performing it side. In fact many will not trust the MACC or police authorities yet.

The PM must realises that corruption or bribery at all levels and matters will either increases the cost to the government of procuring goods and services or reduces the benefits that it receives in exchange for the resources under its control. It may also induce officials to award contracts to the firm willing to pay the highest bribe as opposed to the best firm for the job. In extreme cases, it may induce public officials to award contracts that generate no benefit whatsoever for the public or even worse, cause affirmative harm by violating existing laws or policies. PKFZ scandals may be a classic example.

Inefficiency, greed and uncivilisation will not be a healthy trend to the country in many years to come. There must be an uncompromising stance towards efforts to kill corruption/bribery, even if it will disgruntles many cronies, warlords and politicians. There are always other avenues to make a clean and fair living, not irresponsible act for mere fast cash.

Perhaps for a start is to express society’s condemnation, satisfying it as immoral. Refusing to protect rights obtained through bribery signifies the wrongfulness of it. Arguably this can serve the interests of both members of the legal system and the public at large. It also serves the interests of politicians and legal actors by allowing them to demonstrate their commitment to upholding the law – which they must do in order to maintain their integrity, by holding that bribe-payers are so contemptible that they do not even deserve to be heard. At the same time, moral condemnation can also be instructive to the broader community. If many people take their cue from the law in forming beliefs about how ought to behave then having courts unequivocally denounce bribery might play a useful role in combating a culture of corruption. Once prevention is set alongside all the other possible responses to the problem it ceases to stand out. The PM should explore all possibilities including the salary of public servants, the economy and the intellectual understanding to move forward as 1Malaysia.

“Bukan Melayu memang Pendatang” – Anwar

Ahmad Ismail – Apology My Foot !

To suggest that our country belongs to a particular race and the rest are immigrants, is tantamount to overturning the principle of unity. I do not need to say or elaborate more on this man. Yesterday, in less than half way through his 3 years suspension, UMNO Supreme Council decided to reinstate Ahmad Ismail’s position. Now it is reported that he is requesting an apology from three Gerakan leaders in order to work together again. Obviously this is his personal stand and not Umno.

Apparently, this man has not repented from his previous destructive behaviour. What is he trying to prove? It is also quoted that he said ” Kalau mereka mohon maaf pun, saya masih perlu menimbang sama ada menerimanya atau tidak”. He also voiced out that Gerakan needs UMNO to survive and not otherwise. It does not take a genius to realise the implications of such demands.

How can 1Malaysia to be achieved when we have such a politician? How can we expect such politician to serve all Malaysians and not just a particular community? Thus we may still be a long way off from conscious rejection of the divisive politics of race. Like it or not, our politics has evolved with a new ideological emphasis and trajectories. We should be talking about public accountability and proper political culture. It is indeed a political dynamite with a short fuse, an endangered species, such politician will be a liability in our effort of nation-building.

Malaysia needs politicians that is truly national and speaks to and of the diversity within the national body politic, not an arrogant and irresponsible person.

Apology my foot !

NO to ‘Malay Supremacy’

An UMNO friend told me about the following article published in Malaysiakini this afternoon. Depending on an individual’s perception and understanding, it is a bold and respectable statement, although some may consider it a bit too late or offensive. One must understand that a privilege (‘hak keistimewaan’) is one thing, supremacy is another.

Penasihat parti Gerakan, Tun Dr Lim Keng Yaik berkata, tiada mana-mana kaum mempunyai hak untuk menjadi tuan kepada kaum lain di negara ini.

Oleh itu, kata bekas presiden parti tersebut, tiada ruang bagi ketuanan Melayu, Cina atau India di Malaysia.

Sehubungan itu, katanya, jika ada sesiapa yang mendukung ketuanan Melayu, maka orang itu adalah seorang ektremis rasis.

Akhbar berbahasa Cina memetik Lim berkata demikian ketika berucap di majlis makan malam ulangtahun ke-41 parti itu di Ipoh malam tadi.

Sehubungan itu, Lim menggesa semua ahli parti itu supaya bercakap terhadap mereka yang mendukung isu ketuanan Melayu, walaupun ia boleh mengakibatkan mereka diheret ke penjara.

Bekas menteri kabinet itu berkata, ketuanan Melayu harus dibantah walaupun ianya didokong oleh Umno.

“Mengapa diam diri? Adakah kamu takut masuk penjara,” katanya dalam laporan tersebut.

“Jangan bimbang, jika kamu masuk penjara, saya lawat kamu setiap hari dan membawa bersama sup ’shark fin’,” katanya lagi.

Sementara itu, Lim memuji prestasi Datuk Seri Najib Tun Razak sejak menjadi perdana menteri April lalu.

Dalam rujukan jelas kepada Datuk Seri Abdullah Ahmad Badawi, penasihat parti Gerakan itu berkata prestasi Najib adalah lebih baik daripada bekas perdana menteri.

Mengenai konsep 1Malaysia, Lim berkata tumpuannya ialah sama ada ahli-ahli Umno akan mengikut jejak langkah presiden parti itu.

Mengenai pilihanraya umum, penasihat Gerakan itu berkata, ianya sukar diramalkan sama ada akan berlaku satu lagi tsunami politik.

Bagaimanapun, katanya, jika prestasi MCA semakin buruk, maka Gerakan perlu melakukan yang terbaik dalam pilihanraya yang akan datang.

Poor People’s Movement

“The world needs a different kind of leadership, a different kind of politics as well as economics – something that works for all and not just for a favoured few. We need leadership of the kind that moves states from narrow national self-interest to multilateral collaboration, so that the solutions are inclusive, comprehensive, sustainable and respectful of human rights. [Whether it is BN or PR alliances], their expectation of financial enrichment at the expense of the marginalised (of any races) must be dismantled. Alliances of convenience that protect abusive government (federal and states) from accountability must go”.

Some say the economy is improving, some are benefitting from the budget aid that pours out by the government while many do not see any different. There is also a saying that it is the character and will of a person that determine his or her welfare. Many local politicians are not aware or sincerely concern of the widening gap between the rich and poor. The majority of the middle class are very cautious, faced with increased cost of living and join the lower-income group. Poverty and bad debt/loan become more entrenched and widespread. As a result, civilization, education and quality of lives are dysfunctioning, crime rates are increasing. Whose fault? This may be an urgent socio-economic issues with political ramifications. It also means that these concerns need to be studied on a systemic level.

The Universal Declaration of Human Rights (UDHR) is unequivocal when it comes to states’ responsibilities in promoting the respect, well-being and livelihood of the person.

For example, Article 22 states that “Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.” Section 1 of Article 25 says: “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.”

Though UDHR is not legally binding, it acts as a customary reference on global human rights standards. It may be the time to dispel certain myths that have impeded our imagination and determination to strive for a nation without poverty. There is definitely some merits in this thought…

Suaram Dinner

Several human right activists were surprised with Gerakan presence at the Suaram 20th anniversary dinner this evening…

BN: We were warned!

Until to date, I simply feel that UMNO, Gerakan, MIC and not to mention MCA are not doing enough to regain the voters’ confidence. Perhaps it is really an extremely uphill task particularly to change the mindset that money is everything. Yes, politics is about power and money.

The release thriller ‘2012′ is indeed an exciting movie. Coincidentally if what is predicted crystalises, it does not matter whether it is BN or Pakatan to rule our country. The consuming and acrimonious public debate of the concern issues are long overdue and a hindrance to be where our country should be. However by then the PM can also announce the general election to be held on the said year. We all know, any downfall then is due to nothing more than greed, corruption, abuse of power, racism, discrimination policies, preferential treatment, ineffective civil system, arrogance, divisive community, inflation and more. Preemptive strike and self interest is a common expectation among politicians around the world but what about the performance, sacrifice and sincere struggles? Did the BN politicians actually woke up? Will PM Najib delivers any success and change? If his agenda is stalled, the country’s ideological divisions grow deeper.

Political divisions may have widened between the rich and poor, among different ethic groups and along other social fault lines. An equally deep crisis stems from the role of big money in politics. Backroom lobbying by powerful corporations (especially GLCs) dominates policy-making negotiations, from which the public is excluded. Some called this as legalised corruption, to exchange for support and votes. The previous centralized system with its rigid controls and political agendas fails what we want to achieve as a whole, national unity still eludes the nation. 1Malaysia may be a good start again but it must be accepted sincerely, fairly and wholeheartedly by all.

We need to move forward. We need to implement effective governance. We need to understand the urgency of the need to change. Damn the historical reason or what had been agreed by our forefathers. Time has changed. There is every reason to abolish the NEP and social contract (Art 153). The Malays are capable and definitely able to compete with the Chinese and Indians. It is high time to stop the spoon-feeding and instilling the fear of losing. Gone are the days to gain power by playing racial politics. Educate Malaysia. Let the best man wins in order to bring us to a developed and successful nation of diversity. If a Kadazan or Iban or Sikh is outstanding enough to become the next PM, DPM, Minister of Education, Finance, MB, IGP, Director of MACC etc – let it be. The challenge for us and our next generation is to have a country that would prepare Malaysians for the highly competitive world of globalization and simultaneously foster national unity while respecting the cultural and linguistic diversity of our society.

To some, this is not a political reality in Malaysia; any politician who dares make the above statement or struggle would be kissing his career goodbye. But I believe there is merit to my statement; it would encourage greater integration. All political, religious, corporate and academic leaders would be encouraged to mix with all Malaysians instead of being cocooned exclusively within their own kind. Yes, it is very difficult. We all know, education will be a good start to begin with, for the sake of our future generation.

Enough had been said since the last GE and if the napoleans, warlords, extremist, cronies, corrupts, cowards, narrow-mindeds, selfish and irresponsible ones are still adamant to repent and do something for the rakyats truthfully, even a fool will knows the answer.

The good news is anything can happen in the next 2 or 3 years. Salam 1Malaysia.

Gerakan, were we warned ?

Pemuda Gerakan Menyokong Seruan Suaram

Kuala Lumpur 2 Disember 2009 – Pemuda Gerakan Nasional menegaskan bahawa perhimpunan atau demonstrasi aman adalah satu hak asasi yang termaktub di dalam Artikel 10 (1) Perlembagaan Persekutuan. Ia merupakan satu kebebasan yang asas di dalam sesebuah negara demokrasi. Di dalam soal perseimbangan di antara tindakan bermotif politik dan keperluan untuk menjaga keamanan, Artikel 10 (2)(b) juga membenarkan pihak berkuasa untuk mengatur kebebasan perhimpunan atas dua alasan iaitu keselamatan dan keamanan awam.

Ketua Biro Perundangan Pemuda Gerakan, Andy Yong berkata “Saya bersetuju dengan seruan Suaram sebagai pihak NGO hak asasi manusia bahawa sesebuah parti politik itu harus bersikap jujur dan konsisten dalam perjuangan hak asasi dan bukan semata-mata mengikut kepentingan politik masing-masing”.

Di samping itu, di dalam perkara lain, Yong juga mengutuk tindakan dalam menghalang kubah masjid di Switzerland. Beliau berkata “Sedemikian jelas menjejaskan kebebasan agama dan hak asasi manusia di sesebuah negara majmuk dan demokratik”.