Progressive Politics

Countless commentators have been very sceptical to intone that BN or UMNO has to lose power, the control of the federal government by next election as they are facing political annihilation. It seems that regardless of whether BN fortunes are up or down in the near future, the negative perception is always the same in every aspects of the government machinery. People (esp urbanites and younger generation) are willing to take the risk in ‘overthrowing’ the present government regardless of what had been legitimately and successfully established. They just feel that Anwar is the man or maybe Hadi or Kit Siang or… It is easy to dismiss this stale conventional wisdom, but in the aftermath of the political tsunami many are legitimately wondering about the prospects of a progressive politics. In fact PAS has again hinted willingness to form a united government provided important portfolios such as finance and education are to be controlled by them.

There are also other Malaysians who want BN to govern fairly and to deal with the issues that are at the center of their lives. They yearn for a politics that speaks to and includes them – an affordable and efficient healthcare service, improved education, job security, lesser crimes, prosperous economy, independent and fair judiciary/MACC/EC, respect for the environment and human rights, and above all a peaceful nation.

One thing the last general election confirmed is that progressive politics can be winning politics. It is apparent that the government have been emphatically and empathically trying to touch the lives of many since the new prime minister took over. Progressive populism responds to the widespread awareness that large forces in our economy have too much power and ordinary have too little. The tsunami was indeed a protest not so much of exuberant support to Pakatan Rakyat. Subsequently it is inevitable that the opposition have managed to transform such mindset to the latter. The problem is that too often progressive have been better at denunciation than annunciation. We need both. People are interested in what BN is for as what they are against. The 1Malaysia concept and KPI system is a good start but are the leaders prepare to accept new ideas and challenge? Policy provides direction and an agenda for action, grassroots build a constituency to fight for a change. As important as new ideas are, a think tank or advisors not connected to local grassroots will not suffice – it will be a downsized politics. Therefore both are equally important. Building such a grassroot-based effort to advocate effectively for the progressive agenda, and to put more progressiveness in office at every level and across the country, is a goal worth fighting for. The issues of subservience and supremacy should be a history form now onwards. I am proud to stand with such behoves of Gerakan’s objectives where we shall go back to the founding vision as enshrined in the Constitution and Rukunegara.

It’s a scary world out there…

Everyday we read and heard about robbery, kidnapping, murder, rape etc. Not a single entity can guarantee your safety if your handbag is held loosely on the street. In fact all can assure that it is a matter of time before the ‘peragut’ (snatcher) attacks. Laptops and handphones hidden in the car is definitely not secure anymore. Installing CCTV at home is also no more an effective measure to curb crimes. No doubt our public security is deteriorating, machetes and guns are everywhere, it is a frightening thing!

When I was trapped in the traffic congestion at Bangsar yesterday, I tuned on the Light & Easy. The DJs posed a question: “do you feel safe nowadays?” All of the responses involved the callers’ encounter with different heart-wrecking experience. My friend Ryan shared that six out of seven females in his family were once victim to all sorts of crimes. A couple of weeks back, a lady lawyer was surreptitiously punched by a transvestite in a busy street of the town. A kindy boy was kidnapped at Bandar Utama recently in a broad daylight witnessed by parents and teachers. Some of the kidnappers were arrested yesterday, kudos to the police force.

While the government may say that our country is relatively safe by international standards, crime is on the rise as society grapples with a widening gap between rich and poor and other social ills. And we are not talking about the more serious crimes yet, none of us need to be reminded of 13/5 riot, 9/11 terrorist attack, Bali and Mumbai bombing and neither do we need to be persuaded of the imperative need to prevent any acts of terrorism/extremism against our nation. Putting aside the issue of abuse, I always like to quote Goethe’s: “To build and maintain a happy home serves mankind better than all the talks of man’s right”. However most if not all who attended the dialogue on ISA last night would likely to disagree with me. Nonetheless there must be a need to balance betwen a legitimate national security concern and our fundamental liberties. Offences that are covered under the parameter of other related laws will not safeguard the possibility of accessible instruction for any closed and covet activity. There is no point crying over spilt milk ie after the damage is done.

At the end of the day, whether as an individual or the country as a whole, we must be alert and not to take things for granted especially towards our loved ones. To remain strong and calm amidst upheavals is the greatest art of all, but of course prevention is better than cure.

Selangor Government on OSA: Yes or No?

Did the state government make promises in people’s interest or just for publicity? Unfortunately government agencies often tend to be more interested in developing and maintaining their autonomy than in the implementation of policy or promises.

It was reported last year that MB Tan Sri Abdul Khalid Ibrahim wants to make Selangor free of Official Secrets Act (OSA). He wanted the State to be exempted from enforcing the Act so that people have the right to information on state management matters. He commented that it is “then, the people will know the efforts of the state administration, and we can have check and balance”.

Yesterday the Selangor government announced that they will not declassify the local council documents unless there is a need for it. This is confirmed by Exco Ronnie Liu and councilor/legal adviser Derek Fernandez. In fact the latter even said that he would make a police report under OSA against those who disclosed any related council matters. Surprisingly it is MP Loh Gwo Burne of PKR who was against the idea this time.

So, where are the promises made previously? It is obvious that some politicians are just misrepresenting the public for political gains. The public ought to be rational and question their motive whenever an issue is highlighted. The local council documents should not be considered as secret in the interest of the public. There is no threat nor any matter related to the national security whatsoever. Empty promises or double standard practice cannot be accepted to justify any government policies or decision regardless of the political affiliation of the party involved. It is high time for Malaysians to voice out and guard irresponsible administration of both the government and opposition.

[NST 24.4.2009]

Opening the Pandora’s Box

Recent matters of another possible by-election, income tax return dateline, 1Malaysia concept, increasing crime rates, resurrection of Dr. M etc do not really bother me. What pissed me off is a case whereby the tenant of a client shrewdly pretended to purchase the rented property in order to delay further payment. He then lodged a private caveat over the rented premises but refused to execute the sale & purchase agreement. When I applied to remove it, he withdrew the said caveat. Subsequently he again entered another one in respect of the same property and based on the same grounds. This clearly amounts to an abuse of the caveat procedure and to frustrate my client’s attempt to sell off the property. Although section 329(2) of the National Land Code prohibits such act, it is not exhaustive. This is because one can argue that by withdrawal of the first caveat was not caught by the 3 situations under sec.329(2) (ie court’s refusal, extension and removal by Registrar)

Although I did found out that my client can apply to prohibit the second caveat (s.326(3)), the Registrar will not entertain the same thus a lengthy court procedure is required. It is necessary to look at the mischief which the prohibition was meant to get at, perhaps to amend the NLC to be more exhautive and specific in the interest of innocent owners. In another words, subsequent entry must be refused even it is not caught by the prohibition in sec 329(2) upon determination there is an abuse. Therefore not only the Internal Security Act but also outdated or archaic laws like Official Secrets Act, Police Act, University and University Colleges Act, Penal Code, National Land Code, Printing Press and Publication Act, Law Reform (Marriages & Divorce) Act, Emergency (Public Order & Crime Prevention) Ordinance and Dangerous Drugs Act need to be reviewed meaningfully. I wonder what are the other 40 statutes said by the Home Minister required the same review in considering the significance of those I mentioned.

Is DAP above the law?

Perhaps I should put it as ignorant of the law. Being disappointed with the Federal Court decision yesterday, Perak DAP Ngeh Koo Ham who claimed to have 24 years of legal practice said that the political crisis is far from over. He commented “…the decision is a declaration. This in layman’s terms was only an expression of opinion without compulsive force on any parties concerned. So you are expressing an opinion on the legislative assembly while the legislative assembly has very clear rules governing themselves”.

What about the actual meaning of the legal term (instead of layman)? No wonder the term ‘lawyer burok’ exists.

Basically what Ngeh trying to say is: since the Federal Court decision is not in their favour ie suspension was null and void, they are not bound to follow it because it is only a declaratory judgment. Then why litigate in the first place if they consider the court order would be redundant. Anyway to clear the confusion (as lead counsel Hj. Sulaiman is considering whether to file for a review), a declaration or sometimes called as a declaratory judgment/relief is a conclusive and legally binding as to the present and future rights of the parties involved. The declaratory power of the court is particularly important in parliamentary or state legislative proceedings and matters. This is because prerogative remedies and injunctions are unsuitable, and almost certainly unavailable, to control the latter. In addition those rules mentioned by Ngeh are not an Act of Parliament and the Federal Court being the apex court has every rights to exercise its discretion. One need to realise that rules and resolutions are not laws. Therefore, if they are incompatible with the law or purport to alter it, they are of no legal effect, and so the courts have power to declare that this is the situation.

As far as I am concerned there is yet any local case laws of such scenario, thus the decision will set as a precedent.

[An edited version published in the NST dated 20.4.2009]

Tahi Fairus di Pulau Pinang Berbau Wangi

Pada tahun lepas segolongan rakyat Malaysia amat yakin bahawa pemerintahan Pakatan Rakyat akan berbeza seakan dengan kerajaan negeri di bawah naungan Barisan Nasional. Kerajaan Pulau Pinang telahpun menggunakan sistem berdasarkan kucing (CAT). Sehingga kini ramai penyokong masih sanggup mempercayai bahawa segala yang dilakukan oleh PR atau Anwar adalah benar, adil dan bersih. Sebenarnya sentimen sekarang adalah amat beremosi dan tersinggung perasaan; di mana jika wujudnya pemimpin PR berdosa atau melakukan sesuatu jenayah, ia sanggup diterima dan dianggap tidak bersalah. Disebaliknya, apa-apa yang dilakukan oleh pemimpin BN tidak kira betapa suci atau baik akan dihina dan dikutuk secara negatif.

Tidak lama lagi satu pilihanraya kecil akan diadakan di Penanti memandangkan bahawa Fairus telahpun meletak jawatannya sebagai Adun di kawasan tersebut. Alasannya adalah untuk membersihkan nama beliau ke atas segala tohmahan serta melanjutkan pelajaran. Betul ke ni? Sudah ada 2 ijazah Master masih tidak mencukupi?

Pasti betul, bohong pun boleh diterima, itulah persepsi rakyat terutamanya di bandar negeri-negeri PR. Keputusan dibuat tengahari tadi setelah begitu sukar bagi Ketua Menteri Lim Guan Eng memilih timbalannya. Alasan Lim bahawa PR merupakan gabungan yang saling hormat-menghormati, beliau terpaksa menunggu keputusan Anwar Ibrahim. Adakah PKR yang memerintah Pulau Pinang? Adakah Lim benar-benar tidak mengetahui latarbelakang tuduhan tersebut? Cukuplah. Apa yang baik harus digalakkan dan diterima dengan hati yang ikhlas. Segala tuduhan harus dibuktikan dan bukan setakat dihebohkan di dalam internet atau khabar angin. Kepujian kepada prestasi yang baik mesti diimbangkan kepada mana-mana pemimpin tak kira BN atau PR. Kerajaan Najib yang kini cuba berubah atas dasar 1Malaysia dan sistem KPI pun dikutuk, tak habis-habis dengki bukan sahaja terhadap kerajaan BN, malah kesemua institusi-institusi seperti kehakiman, polis dan SPR. Sedemikian tidak akan membawa keuntungan kepada masyarakat; apa yang penting adalah perhatian terhadap pembangunan, kemakmuran dan keamanan negara.

KPI = Kita Perlu Insaf

Knowledge in the Public Interest? Yes, PM and many know that now but are they sincere? As it is, let us move forward and keep cranking, regardless of the criticisms on this new portfolio. Indeed KPIs are essential tools for both monitoring and improving the quality of any organisations or ministries. While the use of performance indicators is now well established in many companies or government departments, the results or services may have lagged behind positive developments. This has been due, partly to the unavailability of suitable data, but more to the lack of consensus, accountability and transparency about how fundamental performance measurement concepts should be applied in our government system. In another word, one may say it is a question of willingness or attitude. Therefore in developing KPI for governmental ministries, it is important to have a team that is well-versed and be equipped with the skills to identify and develop useful KPI. It is my humble opinion such task will be a challenging one in time to come particularly with some leaders already commented that KPI is an administrative matter, thus should not be exposed.

Whatever it is, I hope the desired outcomes of the KPIs can ultimately develop an excellent, efficient and forward looking public service based on the principles of incorruptibility, meritocracy and impartiality. At the end of the day, Malaysia as a vibrant and unique country, with it resources, should be able to promote a knowledge-intensive, innovative, clean, fair and entrepreneurial economy.

ISA: To Review or Repeal?

In the years preceding the end of colonial rule in Malaysia, a communist insurgency arose than agitated for independence more aggressively than other nationalist forces then established in the country. The British colonial authorities responded with Emergency Regulations, the ISA’s precursor, that similarly provided for detention without trial. Subsequently our forefathers retained such practice and enacted the ISA, aimed at suppressing the insurgent militants who continue to mobilize, particularly along the borders. In a post 911 world, once thought principally to reflect Malaysia’s vulnerability to terrorist attacks of the kind suffered in New York (imagine our Petronas twin towers being crashed). Yet, paradoxically, the mere fact of their existence, serves to demonstrate that our country has so far successfully protected against threats of this kind.

The above topic is nothing new; it has been an ongoing concerned issue by many pressure groups, Bar Council, NGOs and international bodies. Recent events add urgency to reconsider the need of the ISA. Our Prime Minister recent release of the 13 detainees on 5 April 2009 and promise to review the law without a specific time frame comes into question. It was also made clear by the PM that abolishing the law will not be a reality yet. Over the last weekend the relevant articles and views are again published by concerned individuals (in Malay Mail: 11.4.2009 entitled ‘Finishing point’ by Malik Imtiaz and in the Star dated 12.4.2009: “Time to repeal the ISA”).

So, should we amend or abolish it? Although many are suspicious and will question everything the government does now, it is important for the people to see that the government’s action can match with their aspiration. There are two schools of thought in assessing the latter. Ultimately it is a question of justification. For simplicity sake, argument for the Act can be seen as a strong method to prevent extremism and terrorism, for the continued peace and stability (especially to avoid another racial riot). The Act provides for legitimate preventive detention during peacetime to enable the authorities to carry out their responsibilities effectively in countering activities prejudicial to national security, economic livelihood and maintenance of essential services. It is to be emphasized that the ISA has the necessary safeguards for legal recourse such as the concept of judicial review, wherein a detainee can apply for writ of habeas corpus. Further the detainee has a right to make representation to an Advisory Board, consistent with Art 151 of the Constitution. Failing this, the detained can appeal to His Majesty the King. Although there had been ridiculous arrests, one must know that ISA is applied only when peace and unity in the country is threatened. Peace and harmony are vital ingredients for the socio-economic development of our country. In another words, action can only been taken against persons who participate in unlawful acts against public order and in subversive activities. For practicality purpose it is not that the government refuses to prosecute an offender under the normal parameters of criminal laws. The very character of covert activities sometimes makes disclosure of intelligence (SB) collected as evidence in an open trial a threat to the sources of intelligence. In cases involving racial and religious extremism, the trial itself would provide the accused with a public forum to inflame communal violence and conflict.

Many of the opposition leaders and NGOs which are not accountable for the safety and welfare of citizens find it convenient to use the ISA to make baseless allegations merely to seek publicity. Similarly many of the government MPs are abusing their power and stirring unnecessary remarks for self agendas. I bet most of the MPs never even read the Act before.

On the other hand, in opposing the Act, many will justifiably state issues of violation of human rights (such as deprivation of civil liberty, freedoms guaranteed under the FC and principles of UDHR), draconian, inhumane, irrelevant in today’s modern society (outdated), abuse and unlawful arrest – arbitrary detention, disappearance and ‘brainwashing’, detention centre awful condition, authoritarian or Mahathirism and abused. More importantly is the government uses it as a tool to deter political freedom and freedom of expression. There are always other laws available such as the Penal Code, Sedition Act etc. The late R.Hickling, who drafted the ISA once wrote, “I could not imagine then that the time would come when the power of detention…would be used against political opponents, welfare workers and others dedicated to non-violent, peaceful activities.”

Last year Gerakan’s president proposed the setting up of a parliamentary select committee on ISA to prevent future abuse, as well as to protect national security. However no other than CM Lim Guan Eng opposed the idea as he prefers to repeal the whole Act. I am strongly against detention without trial indefinitely. Sometimes when we really study the Act, it may not be that bad after all so long as the family is in order, peaceful and united. Sadly many times, it is to suit the police or Home Ministry to gather evidence to make out a case against someone which is unjustifiable. It simply means that they are inefficient and abused their power to deny a human being his right to freedom for no good reasons.

Hopefully our PM really walks his talk and look into this matter constructively as it will touches the life of many Malaysians to have confidence in his pledge and 1Malaysia ideals.

To repeal or not to repeal, that is the question…

[published in the Sun dated 21.4.2009]

A Cabinet that works for all?

As Prof. Shad Faruqi said “Good governance is multi-faceted with diverse social, political, legal and moral dimensions so much so there is no international agreement on what constitutes good government”.

It is never an easy task for any Prime Minister to appoint his cabinet. Forming government can pose a significant challenge. Not only pressures come within the political parties but also the public and opposition expectations. Are the newly appointed Cabinet acceptable by the people at large? Surely there are bound to have criticisms particularly from the opposition. The new Cabinet line-up seems to be a good combination of the familiar and experienced faces and fresh political talent. Hopefully the politicking will be soon over, so that the Cabinet can begin its work to restore confidence of our economy and stability.

Nonetheless for the sake of discussing in the eye of an ordinary person, how do we know that these people are capable to perform? It is one of those quirky features of our history, but constantly changing, a strict rule may warrant such an extensive enquiry. If Najib’s administration are to achieve his ambitious plans, they should be aware of clear, consistent and coordinated rules and intention in restoring faith in good governance. Inefficiency, corruption and abuse of power can no longer be tolerated. They must be bound by collective responsibility, which means that all its members must abide by and defend the decisions it takes, in spite of any private or personal doubts or interests they might have. Perhaps Dr. Koh Tsu Koon’s responsibility in evaluating each of them in their KPI would not be an easy one if Najib expects regular and consistent reports from him. One only hopes that for a start the new Cabinet will serve its proper purpose in our government system at the very least to maintain a healthy economy, environment and security.

Public Canning Poll

Vote Wisely

In our pluralistic society, we have come so far as a nation of success and admired by many around the world. As Datuk Seri Najib Tun Razak becomes our sixth prime minister, Malaysians of all walks of life to a certain extent may need to adjust their sail. In a thriving democracy, a political culture exists which sees the civic good as a valuable end in itself and not merely as something that stands in the way of achieving political objectives. Our past experience has shown us the significance of the highest post in the government can be perceived as too weak, too corrupt, too personalistic, too constrained by oppressive governments and out of touch to earn the respect and support of the public. When a country or a state experiences political crisis, it is often the troubled state of political parties (either BN or PR) that lies at the heart of the problem. The democratization of political parties must be a priority in the efforts to restore public confidence in parties and the democratic process as a whole. Thus, a key issue will be how these parties (or coalitions) prove their worth.

Unfortunately in recent months, never ever before we are faced with the politics of fear, secrecy, accusations, corruption and blind faith has combined with the degradation of the public sphere. Gone are the days where opposition parties wither away until the next general election and ruling parties can become so identified and absorbed into the government bureaucracy. The new PM and his cabinet need to recognize that an effective and responsible opposition is essential for the success of parliamentary democracy. A healthy civil society is important for democracy (although politics are often perceived as dirty), even non-governmental organizations, for all their merits, cannot do what political parties do – aggregating and representing social interests, providing policies and programmes.

So, it is my plea for us all to commit ourselves to political reforms and renewals. Political parties, both those who govern and those who aspire to govern, must find constructive ways for working together while articulating their disagreements. Violence, accusation and irrational behaviour should not be encouraged. If they can demonstrate their idealogies and principles matter to elevate political debate so too can they elevate political behaviour, championing as well as complying the laws of the land. Similarly it is also perfectly realistic to expect the ruling parties to strengthen the culture of democracy within their own organisations seriously. The propose methods to limit the distorting influence of money, be open and transparent, and promote participation from all within the party as well as the lifting of the ban against the opposition papers and release of the ISA detainees shall be applauded.

We all know that our government be it the federal or the state can do much more, to show that they are in touch, to demonstrate the relevance of politics to the lives of ordinary people and in particular to make democratic politics interesting for the younger generation.

For the coming by-elections voters, it is a question of whether to place your bet to hope for a change on the capable, experienced but tainted or the aspirants, determined but uncertain.