In the spirit of the coming Eid-ul-Fitr, I wish all my Muslim brothers/sisters
- Selamat Hari Raya.
More so, to all ISA detainees and their families.
As we celebrate Hari Raya, let us all spare a thought about the state of the nation, and the future that would come to pass, should the current political norms be perpetuated.
Our "stake holders" in power, harp on "unity" and "race relations" and "religious harmony", while they provoke ill-feelings through the backdoor (e.g. the recent Toyol & Ahmad Ismail incident).
Have you ever thought about the "need" for a war with neighbours, so that "people see the need for Unity" or get distracted from the issues that plague a nation?
So that the unsuspecting bogeyman, get's victimized, while the chest-thumping zealots cheer with pride?
Leaders often do beat the drums of war as means to "unite a certain people, against themselves" - although a bogeyman is the point of focus.
In Malaysia today, what we have is nothing short of "war" - although it isn't exactly blood-letting. It's a battle of ideas.
A war of ideas that can lead to a very real war, should the "old order" refuse to change with the times - and then all gained thus far would be lost.
Not that I advocate it, but just maybe, a certain level of strife would be in order, so as to have people appreciate of "Humanity", instead of "racism and religiosity". That may just be what it takes to make them learn, if things don't change soon .....
No amount of ISA, PPPA or other barbaric legislations can prevent it - that is the law of mother nature.
On one front is the idea of "nationhood" while on the other is that of "racism" manifested in the form idea of "Ketuanan Melayu" that appeals to the pirates and those who seek simplistic and symptomatic "solutions" to complex questions.
They then propose and extol the virtues of creating a "Race Relations Act" so as to exert control on the victims (and will possibly be enforced through selective persecution, as is currently practised in all matters),while they subtly stoke the flames of racism and promote ideologies of hate among the ignorant of "their own kind".
It is this ignorance that the pirates we know of capitalise on, to perpetuate this ideology. Hence, it was only fitting that 'top-dogs' like Mahathir should be the apologist for these ignorant ones, and ridicule intellectuals who attempt to educate the masses. Meanwhile some also gave tacit encouragement via "protection" to the those who force the suspension of such forums, or by discouraging apologies for such mistakes.
On the other front, Anwar has his hands full in trying to convince the elite the real need for this change. He also has quite a distance to go before he can convince the Malays that they would be the biggest losers in this political game should they insist on holding on to Umno as their god-ordained saviour. Taking this into consideration, I'm quite relieved that Anwar has wisely exercised discretion, caution & patience in his attempt at assuming his rightful role, despite having (I believe) a parliamentary majority. The current handicap is, though, is his inability to convince them that he doesn't seek retribution.
The economy is the new frontline in "war", and the post-WW II "Nation-state" as we know it is obsolete.
History teaches us that with the onset of every revolution in philosophy & communication/technology - telegraph, the printing press, radio, television, transport, military etc, social revolution is inevitable and the balance tilts towards who masters these new technologies.
It is now the age of the Internet/ cyber revolution and (the "Age of Aquarius" - for those into such things) you adapt accordingly by absorbing these progressive ideas, or perish . Ku Li said it very well by saying that Umno has brought shame to Malaysia through its "Banana Republic ideas", and its decadent culture of patronage, by disregarding democracy within its fold.
"Independence" as we have been taught to believe, is simply a figment of imagination that pirates capitalise on.
It doesn't exist!
In a globalized world, those who refuse to assimilate in this economic/political reality, will be ravaged by a real blood-letting war - as in the African and banana republics.
It's just a matter of time, if they don't reform - just hope they don't realize it too late.
They may just have to pay a very stiff price as they delay reforms and play their primitive racist tune, and perpetuate the plunder!
The retribution will come to pass whether we want it or not - and the Umnoputras are unknowingly begging for it, with their plunder justified through racism.
Just as prosperity was granted by investors based on promises - it can be taken away if politicians deliver on these promises.
Sometimes too much of a good thing culminate in very bad results. "Some people" have been having "too much of a good thing" over the last 50 yrs, without really appreciating how it came to be.
It wasn't through the "goodwill", as they want us to believe. Rather, it was through blackmail and the politics of "fear & apathy" forced upon those who live by trade (by those who live by favour, patronage & the gun), that this was done.
It is these shackles cast upon men at the "altar of prosperity", that the pirates define as "progress/success" - so that they can exert their will upon the masses, without them knowing it.
The pirates have prospered in this unfettered market under the guise of NEP - and mind you, it isn't just Umno members who have benefited from this. There have been many others (local and foreign) who have benefited more than we know, and they wish for the current methods to remain.
Just as they plunder today under the protection of laws, there'll be far greater pirates/plunderers who'll hasten to relieve them of their ill-gotten gains - and be allowed to do so by the real powers who control money. People will suffer - even though it is only meant to start a new political order that will abide by their promises, in dealing with money.
Umnoputras will be wiped out in due time, and their "wealth" may not even last their lifetime. (But they may last a couple of years yet, though ..... they aren't as vulnerable as some think they are.)
Malaysia is living up its "prosperity", on borrowed time - simply becos of the strategic location of the peninsular in the east-west trade routes (and not becos of the so-called "economic fundamentals").
The Umno ideology actually sets the stage for the extinction of the Malays as a force to be reckoned with, as they perpetuate their primitive politics and siege mentality.
So much for the wawasan that Mahathir speaks of and parroted by many a politician & Malaysian.
======================================
Note: This blog may not be updated for the next few days due to unavoidable reasons. Things should be back to normal after Raya hols ....
Once again, Selamat Hari Raya to all you guys.
Cheer!!
Monday, 29 September 2008
Friday, 26 September 2008
When The "Holy" Look the Other Way ....
****************************************************
"At no time should a person be detained without undergoing due process of law, in which the right to fair hearing is of utmost importance, and criminal prosecution initiated for unreasonable purposes.
Such an action, regardless of the initiating party, goes against the principles of natural justice and the Syari’ah which mandates impartiality, justice and fairness."
- AZRIL MOHD AMIN
Vice President (International)
Muslim Youth Movement of Malaysia (ABIM)
********************************************************
With regard to matters on Islam/ Syariah, I wouldn't want to give a personal opinion here.
Just Take a look at the above Face of RPK (and read the ABIM statement),
and then compare with what you see below.
Decide for yourself,
Decide for yourself,
Which one face and statement would you rather trust?
Who do you think needs "Rehabilitation"?
Who do you think needs "Rehabilitation"?
PUTRAJAYA: Internal Security Act detainee Raja Petra Kamaruddin will have to undergo religious rehabilitation at the Kamunting Detention Centre.
Islamic Development Department (Jakim) director-general Datuk Wan Mohamad Sheikh Abdul Aziz said the programme was aimed at enabling the faster release of Muslim detainees.
He said Jakim was working closely with the police in carrying out the programme.
"We look forward to the speedier release of detainees after undergoing religious rehabilitation."
Raja Petra, the Malaysia Today editor, was detained under Section 8 (1) of the ISA on Tuesday for writing articles that were considered to have maligned Islam and were malicious and seditious.
Speaking after the department's monthly gathering, Wan Mohamad Sheikh said cooperation with the police would be intensified to make the programme more effective.
On the warning by the Selangor Islamic Religious Department to anyone protesting over the use of loudspeakers for the azan (call for prayer) at mosques, Wan Mohamad Sheikh said people should remember the position of Islam in the Federal Constitution as the country's official religion.
"Whatever actions they want to take must be in accordance with the spirit of the Constitution. Together with the relevant authorities such as the Home Ministry, we can take action against those who delve into the sensitivity of Muslims based on the laws.
"If this issue arose due to a misunderstanding, then we should adopt a harmonious approach in addressing it."
Selangor Islamic Religious Department director Datuk Mohammed Khusrin Munawi was reported to have directed nazir (mosque official) and mosque committees in Selangor to continue with the practice of using loudspeakers.
******************************************
It has to be One or the Other.
From the above, it is I presume, crystal clear to every Good Muslim,
who's lying, & who needs the Rehabilitation here.
Selamat Berpuasa, my Muslim Brothers.
********************************
It has to be One or the Other.
From the above, it is I presume, crystal clear to every Good Muslim,
who's lying, & who needs the Rehabilitation here.
Selamat Berpuasa, my Muslim Brothers.
********************************
Wednesday, 24 September 2008
"Lollipops for the Compliant Masses"
(This is a follow-up to "Ghosts in our Minds ...")
00000000000000000000000000000000000000
Abdullah Promises To Consider Release Of Hindraf 5
oooooooooooooooooooooooooooooooooooooooooo
Promises and more promises .....
Can we actually believe anything this old man says?
Here's a man,
who claims that FDI is pouring in,
who says the economy is strong and flourishing,
then blames anwar for flight of capital,
backtracked on numerous policy decisions,
has broken almost every word that mattered,
and is practically a lame-duck within an intellectually bankrupt party
that has regional warlords openly defying his orders!
Even more embarrassing is the fact that members of the party openly call for his resignation, although the powers are concentrated at his feet (thanks to CheDet for that)!
But then again, who knows - this "promise" may just bear fruits, as they're practically grabbing at straws and on their knees for any support they can get. The possibility that they'd choose to hand out "Lollies" to those who cry foul cannot be ruled out - after all, they've done it for fifty years, and many Malaysians have begun to not just acquire a taste for "Lollies" but even demand it!! (read Ghosts in our Minds .....)
The recent events speak a lot for the credibility of a Government that has actually squandered its mandate in the 12th GE.
By some Democratic standards, the majority that they garnered is actually, quite respectable. Not so in Malaysia, where the "leadership" in manned by a bunch of dimwits who need to arrest without trial, to "protect" a citizen.
Being insecure, instead of challenging revolutionary and constructive opinions they actually incarcerate the proponent under the Internal "Security" Act - for their own political security and not that of the Rakyat!
Having failed in efforts to rile up racist sentiments, in this battle of ideas, they have only one other weapon - religion!
The simultaneous arrest of Raja Petra, Teresa Kok and Tan were timed and designed to paint a picture of "racial & religious" conflict/ tension", and portray RPK as an "enemy of Islam". However, it practically fell flat, as the people know of the real unblushing culprits who are today running around happily wearing the image of "the emperor's new clothes".
(One emperor still sits on decision/policy making bodies, which incidentally endorsed a lame-duck president, while another even plans to contest in party elections!)
Even religious laws drafted thousands of years ago ago accord the right for a fair hearing based on laws of the land. In Malaysia though, the dimwits believe that such Jahilliyah laws are necessary to protect a religion (namely, Islam), by defying the very tenets of the religion they wish to protect!
Islam provides for a fair trial, as far as I know, Mr. Hamid Albar!
This is the impression I get, after I having read the opinions of many an Ulama and certain papers on Islam - but who knows - I might've misinterpreted the message.
If this were the case, I would appreciate it if someone would enlighten me ...
Pardon me if I'm wrong here, since I'm no expert on Religion, let alone Islam - but this argument coming from Mr. Hamid Albar about insulting Islam, is surely an oxymoron when the Syariah Courts should be called to adjudicate, right?
What are the religious authorities doing when the tenets of faith are desecrated?
Know well the discontent and loss of credibility/popularity in arresting the recent victims of ISA, they are now resorting to various methods to once again appease the public. They may soon try to "contra" with the release of others to calm the public sentiment.
Very soon, Big-daddy will try handing some "Lollies" to those who cry foul .....
Should this happen, the "HINDRAF - 5" may soon be released so as to display a "compassionate" face, and win the support of a sector of society. In the process, there will be "others" who will use this as ammunition to fire up racial sentiments, by saying that it is a manifestation of Malay "powerlessness".
Well Pak Lah and Umno, if this is the idea running through your minds, I've got news for you - It ain't gonna work!
The intellectual bankupcy manifested in this cluelessness, is why they cannot handle the less than 2/3 majority in Parliament, so as to function - far from the argument which Mahathir gives about the necessity of a "strong govt" to maintain order in a multiracial country like ours.
00000000000000000000000000000000000000
Abdullah Promises To Consider Release Of Hindraf 5
oooooooooooooooooooooooooooooooooooooooooo
Promises and more promises .....
Can we actually believe anything this old man says?
Here's a man,
who claims that FDI is pouring in,
who says the economy is strong and flourishing,
then blames anwar for flight of capital,
backtracked on numerous policy decisions,
has broken almost every word that mattered,
and is practically a lame-duck within an intellectually bankrupt party
that has regional warlords openly defying his orders!
Even more embarrassing is the fact that members of the party openly call for his resignation, although the powers are concentrated at his feet (thanks to CheDet for that)!
But then again, who knows - this "promise" may just bear fruits, as they're practically grabbing at straws and on their knees for any support they can get. The possibility that they'd choose to hand out "Lollies" to those who cry foul cannot be ruled out - after all, they've done it for fifty years, and many Malaysians have begun to not just acquire a taste for "Lollies" but even demand it!! (read Ghosts in our Minds .....)
The recent events speak a lot for the credibility of a Government that has actually squandered its mandate in the 12th GE.
By some Democratic standards, the majority that they garnered is actually, quite respectable. Not so in Malaysia, where the "leadership" in manned by a bunch of dimwits who need to arrest without trial, to "protect" a citizen.
Being insecure, instead of challenging revolutionary and constructive opinions they actually incarcerate the proponent under the Internal "Security" Act - for their own political security and not that of the Rakyat!
Having failed in efforts to rile up racist sentiments, in this battle of ideas, they have only one other weapon - religion!
The simultaneous arrest of Raja Petra, Teresa Kok and Tan were timed and designed to paint a picture of "racial & religious" conflict/ tension", and portray RPK as an "enemy of Islam". However, it practically fell flat, as the people know of the real unblushing culprits who are today running around happily wearing the image of "the emperor's new clothes".
(One emperor still sits on decision/policy making bodies, which incidentally endorsed a lame-duck president, while another even plans to contest in party elections!)
Even religious laws drafted thousands of years ago ago accord the right for a fair hearing based on laws of the land. In Malaysia though, the dimwits believe that such Jahilliyah laws are necessary to protect a religion (namely, Islam), by defying the very tenets of the religion they wish to protect!
Islam provides for a fair trial, as far as I know, Mr. Hamid Albar!
This is the impression I get, after I having read the opinions of many an Ulama and certain papers on Islam - but who knows - I might've misinterpreted the message.
If this were the case, I would appreciate it if someone would enlighten me ...
Pardon me if I'm wrong here, since I'm no expert on Religion, let alone Islam - but this argument coming from Mr. Hamid Albar about insulting Islam, is surely an oxymoron when the Syariah Courts should be called to adjudicate, right?
What are the religious authorities doing when the tenets of faith are desecrated?
Know well the discontent and loss of credibility/popularity in arresting the recent victims of ISA, they are now resorting to various methods to once again appease the public. They may soon try to "contra" with the release of others to calm the public sentiment.
Very soon, Big-daddy will try handing some "Lollies" to those who cry foul .....
Should this happen, the "HINDRAF - 5" may soon be released so as to display a "compassionate" face, and win the support of a sector of society. In the process, there will be "others" who will use this as ammunition to fire up racial sentiments, by saying that it is a manifestation of Malay "powerlessness".
Well Pak Lah and Umno, if this is the idea running through your minds, I've got news for you - It ain't gonna work!
The intellectual bankupcy manifested in this cluelessness, is why they cannot handle the less than 2/3 majority in Parliament, so as to function - far from the argument which Mahathir gives about the necessity of a "strong govt" to maintain order in a multiracial country like ours.
Although they have managed to garner a majority in parliament, it is a well known fact that in reality, should we consider "gerrymandering", "money politics & state instruments" campaigns in the equation, what we actually have is a minority Government.
Yes Sir - It may actually be an illegitimate Government that we have! It is possibly just a Government of dimwits selected from the elite of certain parties.
They speak for only a small minority at that, who are intent on their vice grip on power and given to playing realpolitik at every turn, and holding the the nation at ransom.
All said and done, it will take some time before the people can wrest power from these pretenders on the throne - maybe the idea of a "unity government" as suggested by RPK isn't too bad an idea after all. At least it'll get them used to the idea of "democracy" , as opposed to the sham we now have in place.
But it has to be transitional/ caretaker in nature
- until fresh elections are called after reforming the election Commission, Judiciary and the Security Services.
Only then can we have a truly legitimate leadership.
Yes Sir - It may actually be an illegitimate Government that we have! It is possibly just a Government of dimwits selected from the elite of certain parties.
They speak for only a small minority at that, who are intent on their vice grip on power and given to playing realpolitik at every turn, and holding the the nation at ransom.
Without the ISA, the UMNO/BN Government will fall like a pack of cards! They cannot live without it, and they know it - it is the one piece of legislation that ensures their continued rule.
That is why Mahathir said that a vote for BN is a vote for ISA - hence, the only way to get rid of it is with a new Government. And there's no two ways about that - those who believe otherwise are simply living in La-La Land .....All said and done, it will take some time before the people can wrest power from these pretenders on the throne - maybe the idea of a "unity government" as suggested by RPK isn't too bad an idea after all. At least it'll get them used to the idea of "democracy" , as opposed to the sham we now have in place.
But it has to be transitional/ caretaker in nature
- until fresh elections are called after reforming the election Commission, Judiciary and the Security Services.
Only then can we have a truly legitimate leadership.
Tuesday, 23 September 2008
Ghosts in our Minds ....
oooooooooooooooooooooooooooooooooooo
"f you do not agree with government policies, don't be a government employee. Resign."
- A. S. Cheek
- A. S. Cheek
"As supreme council members,
they should uphold the ethics...."
they should uphold the ethics...."
- MMT
"Ex-deputy president of SAPP and current Deputy Chief Minister of Sabah Raymond Tan, claimed on Saturday that he had been instrumental in preventing the arrest of party president Yong Teck Lee in June in relation to allegations of corruption."
- MSM reports.
- MSM reports.
We now have the right people to advise Malaysians on ethics
- one is AS Cheek and the other, MMT.
We then have a currently retained Deputy CM - Raymond Tan - confessing to the media of what could have been regarded as abuse of power or obstruction of justice/investigation. (He may have just signed his political death warrant, though).
With people like these to lead us, who needs educationists, ulamaks/priests/ philosophers or thinkers?
What we see is a bunch of incompetent and corrupt "leaders" who seek to grab at anything to protect their interests. Ethics is the furthest from their mind despite the diarrhoea of rhetoric.
But then again how different are we the rakyat from them?
Just take a look at the number of signitories to the petition appealing for the release of barbaric ISA - HERE.
A paltry 21,000 ......
That's coming from the MILLIONS of hits (per day, mind you ...) at Malaysia Today and Peoples Parliament.
We know of the many "reasons" Malaysians give for not signing - all these despite sucking up to Malaysia Today and reading it "for information only" - like it is a freakshow. Almost all the people I know are quite unanimous in their approval of RPKs gung ho style, bravery and expose.
Those who may have signed, do not presume to be "holier than thou" here - no, not for a minute. They simply express their disgust at the disease mentioned below, and have taken the first step to dispel it. After all, the standards and willingness to commit oneself is quite relative to the "circumstances" - emotions, family, job, finances, contracts, politics, faith, the "fear factor", etc etc etc.
To "us" guys who refuse to sign, remember these "reasons" the day your children are deprived of the "material luxuries" you now enjoy despite being deprived of the dignity that you silently crave for.
It won't be too long if we choose to infect/reinfect others with this same diseases we carry - Fear, Apathy, Selfishness.
However, I do not believe that they are entirely to blame for this phenomenon - they have been brought up to believe in these things by the likes of the people mentioned above. We have been brought up to live in fear of the politicians' retribution - more so under the doctrine/creed of "Mahathirism", wherein we willingly sell our souls, humanity and rights for material gains to varying degrees (as I've said before- me too, to a certain extent).
Even more intimidating is the inbridled power of the ISA, which can be used "as deemed necessary" by "leaders" - even if it is simply for the sake of silencing the truth, and spreading the idea of fear. In fact, so pervasive is its influence, that many actually believe in the necessity of ISA to "keep the peace" in a "multi-racial" society, which proudly portrays the benefits of racism and apartheid, described/spun in the media as "racialism" and the "NEP".
It is what many a businessman wants - just make the money, have a PR status in Australia/ US/ UK and what not. That's why TDM implied that those of chinese descent "don't mind 'racialism'", as long as the economy/ their bread & butter isn't disturbed. Actually, it isn't a "chinese" sentiment - it is a Malaysian sentiment that cuts across all ethnic communities, although it is more pronounced among certain sectors. There is a lack of will/ hope among Malaysians to achieve true nationhood.
In other words, we are supposed to just make money and 'mind our own business', don't speak of anything that might be deemed "unethical" or "ungrateful to the authorities" - or your dreams to migrate may be shot. What we breed is nothing but resentment towards a system that systematically convinces us that we deserve to be deprived of rights. We shouldn't discuss or speak of what we may perceive as "injustice", as they are "sensitive" -to do so would render you an enemy of the state, and a "trouble maker".
This is especially important if we are in the civil service which is to day subservient to the government, and not the supposedly the apolitical "in His Majesty's Service" - hence Mr. A.S. Cheek's call to resign, if you're deemed not agreeable with government policies through an impartial discussion/debate.
In other words, what we who support the idea of 'detention without trial' do, is to permit and encourage the propagation of ignorance, fear and distrust among the various communities, as a means of working with the system- thus leading to a fractured state which is far from the desired "nationhood" that is preached.
If this is what Malaysians want, so be it ......
Here's a message by a reader of Malaysia Today, which would describe things very well:-
written by batsman, September 23, 2008 10:07:33
Sorry to be wet blanket, but it is a fact of life that most big social movements or even revolutions consume their own leaders. Even Harun Idris was consumed by May 13. I believe RPK knows this very well. He fights because he wants to not 100% because of us. He fights behind bars as well as when he is free.
Of course, it is much better if he is free. But he is not. And he is not free to say what he thinks either, so commentators - no need to be "holier than thou".
RPK himself is clearly for the ISA to be abolished. He said as much in his article on the detained Hindraf leaders. Often followers tweak the beliefs of their leaders. Even the Prophet himself suffered this fate with countless "followers and faithful" tweaking his teachings. Generations of "tweaking" have created the mess we now have. The latest "tweaking" being Hadhari.
So ... no need to be "holier than thou". We love RPK. We want him out, but there is no need to be "holier than thou". I can't speak for RPK, but I find such "holier than thou" attitude quite nauseating.
written by batsman, September 23, 2008 11:19:13
Cruzeiro - who is the coward? The guy who refuses to sign or the guy who seeks to hide among millions of signatures and dumps shit on those who do not sign because there are too few signatures and he cannot hide so well?
RPK has his causes and he fights these causes. Those who dump shit on people who did not sign the petition have only one cause - to get people to sign the petition. For this they distort the values and teachings of the teacher and place themselves on a high pedastal. For this one single fight in the armoury of fights that we should have, these people are willing to forego good taste and good principles. Too big egos, I say.
To those who wish to sign - do so please. But do not dump shit on those who do not and adopt "holier than thou" attitudes.
.....................................
To 'batsman' and his ilk, I have only one thing to say - nobody dumped it on them.
It's just that they don't see that they are in it.
Addendum:
Since "batsman" was curious to know what people think of those who did not sign the petition are (and I didn't have the heart to say it), here's what the govt MSM -
the NST Editorial calls them today -
"opportunistic malcontents and anonymous cowards who constitute much of his constituency turn whistling elsewhere for their entertainment." - HERE.
"Batsman" and all you cheering/saddened guys who have a million reasons not to sign,
I hope you read this, and now know how you're regarded by the Govt
and know thyselves better before coming up with a "defense".....
oooooooooooooooooooooooooooooooooooooo
Friday, 19 September 2008
Merdeka the Drama - Scene 51, Act ii
zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz
Bukit Bendera Umno appeals to retract Ahmad Ismail’s suspension
The Act will not focus on punishment,
but on helping to build and strengthen race relations......
'Under this Act, action can be taken against those who disrupt harmony
by causing racial tension and conflicts
that can also destabilise the country,' he said.
- NST, on Hamid Albar's statement with regard to "Race Relations Act".
What right does Congress have to go around making laws just because they deem it necessary?
- Marion Barry
zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz
Raja Petra - purportedly, for insulting Islam, is languishing in the slammer, just as many more are for various other 'reasons'!
Is our Constitution so useless that we cannot even point out what was so wrong about what these victims did?
Or is it that those who weild power are simply mindless fools?
Considering the nature of The Constitution, I'm inclined to believe that the latter holds true.
They have released Tan and Teresa Kok (after wrongful detention under the colonial ISA) - but with no apologies. (She wishes to sue - but how can she win, when the law says that all it takes is that the powers that be, "deem" you to be potentially dangerous - and it's legal! That law needs no basis for an arrest - you can be arrested for being alive, and deemed dangerous after "someone" has a bad night out!)
Abraham Lincoln once said, "Allow the president to invade a neighboring nation, whenever he shall deem it necessary to repel an invasion, and you allow him to do so whenever he may choose to say he deems it necessary for such a purpose - and you allow him to make war at pleasure."
I guess the same would apply in this case .... that is the power of ISA invoked at whims and fancies.
Nothing happened to abusive MPs in parliament.
Nothing happened when apparently, there were calls for chinese blood (at TPCA was it?).
Nothing happened when calls to use the Kris were made on national television.
Nothing happened after Kg. Medan.
Nothing happened after a racist teacher was rewarded for abusing children.
But now, we suddenly have our brainiacs being so consciencious - all Hail Mr. Hamid!
All we have from these mindlessly orchestrated evils, is the proposal for a new law, sold to the public as "Race Relation Act", when they don't even believe in a code of conduct for their minions in power!
Meanwhile, the the perpetrators of the apparently "strained ethnic relations" wayang kulit - those who incite, are running loose wanting to go on a roadshow. In fact, they even have the audacity to appeal against the slap on the wrist meted out grudgingly by an "enlightened leadership".
One other plastic faced clown has even announced his candidacy for a party post, when he has police reports lodged against him!!
Such is the sincerity of those in the corridors of power, when they announced their intentions on "the act".
Yes- it is just "act ii, scene 51" in the grand scheme of things, with airheads in starring roles (Toyol, Amat, Ali Ketam, Semi Value and Ah Tiong are cheap extras) in this spicy, thrilling, epic soap opera running for the last 51 yrs.
While Mr. Chris and a Madey (he's trying to introduce a JR character in the picture) have come up as the latest intellectual critics to this drama, some others are a little left out.
One M&M actor lost out on the casting couch, I guess and we all know the pretty face that got blown to bits in the supporting role.....
Some people didn't cash in ..... they are waiting to see if the next drama would be more lucrative - after all, there are new hands in the kitty now!
All we need is another Act that would be enforced selectively, and all will be fine and dandy all over again - that's the rationale of the geniuses at work in Putrajaya.
Some choose to believe that everything was so cool before this, and everybody was so happy - and only now there is a "deterioration of inter-ethnic relations" as a result of the actions of the people who are now in Kamunting.
Apparently, all of a sudden, there was a very real threat of open conflict!
Well friends, take a look at who "holds the power to guns" (not to mention waving the Kris or calling for blood) - and you'll know who are the ones who wish to rob the disarmed citizens on the pretext of "ethnic strife", as on 513!
Let's see what the next "act" brings ....
Bukit Bendera Umno appeals to retract Ahmad Ismail’s suspension
The Act will not focus on punishment,
but on helping to build and strengthen race relations......
'Under this Act, action can be taken against those who disrupt harmony
by causing racial tension and conflicts
that can also destabilise the country,' he said.
- NST, on Hamid Albar's statement with regard to "Race Relations Act".
What right does Congress have to go around making laws just because they deem it necessary?
- Marion Barry
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Raja Petra - purportedly, for insulting Islam, is languishing in the slammer, just as many more are for various other 'reasons'!
Is our Constitution so useless that we cannot even point out what was so wrong about what these victims did?
Or is it that those who weild power are simply mindless fools?
Considering the nature of The Constitution, I'm inclined to believe that the latter holds true.
They have released Tan and Teresa Kok (after wrongful detention under the colonial ISA) - but with no apologies. (She wishes to sue - but how can she win, when the law says that all it takes is that the powers that be, "deem" you to be potentially dangerous - and it's legal! That law needs no basis for an arrest - you can be arrested for being alive, and deemed dangerous after "someone" has a bad night out!)
Abraham Lincoln once said, "Allow the president to invade a neighboring nation, whenever he shall deem it necessary to repel an invasion, and you allow him to do so whenever he may choose to say he deems it necessary for such a purpose - and you allow him to make war at pleasure."
I guess the same would apply in this case .... that is the power of ISA invoked at whims and fancies.
Nothing happened to abusive MPs in parliament.
Nothing happened when apparently, there were calls for chinese blood (at TPCA was it?).
Nothing happened when calls to use the Kris were made on national television.
Nothing happened after Kg. Medan.
Nothing happened after a racist teacher was rewarded for abusing children.
But now, we suddenly have our brainiacs being so consciencious - all Hail Mr. Hamid!
All we have from these mindlessly orchestrated evils, is the proposal for a new law, sold to the public as "Race Relation Act", when they don't even believe in a code of conduct for their minions in power!
Meanwhile, the the perpetrators of the apparently "strained ethnic relations" wayang kulit - those who incite, are running loose wanting to go on a roadshow. In fact, they even have the audacity to appeal against the slap on the wrist meted out grudgingly by an "enlightened leadership".
One other plastic faced clown has even announced his candidacy for a party post, when he has police reports lodged against him!!
Such is the sincerity of those in the corridors of power, when they announced their intentions on "the act".
Yes- it is just "act ii, scene 51" in the grand scheme of things, with airheads in starring roles (Toyol, Amat, Ali Ketam, Semi Value and Ah Tiong are cheap extras) in this spicy, thrilling, epic soap opera running for the last 51 yrs.
While Mr. Chris and a Madey (he's trying to introduce a JR character in the picture) have come up as the latest intellectual critics to this drama, some others are a little left out.
One M&M actor lost out on the casting couch, I guess and we all know the pretty face that got blown to bits in the supporting role.....
Some people didn't cash in ..... they are waiting to see if the next drama would be more lucrative - after all, there are new hands in the kitty now!
All we need is another Act that would be enforced selectively, and all will be fine and dandy all over again - that's the rationale of the geniuses at work in Putrajaya.
Some choose to believe that everything was so cool before this, and everybody was so happy - and only now there is a "deterioration of inter-ethnic relations" as a result of the actions of the people who are now in Kamunting.
Apparently, all of a sudden, there was a very real threat of open conflict!
Well friends, take a look at who "holds the power to guns" (not to mention waving the Kris or calling for blood) - and you'll know who are the ones who wish to rob the disarmed citizens on the pretext of "ethnic strife", as on 513!
Let's see what the next "act" brings ....
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Right discipline consists, not in external compulsion,
but in the habits of mind which lead spontaneously
to desirable rather than undesirable activities.....
A hallucination is a fact, not an error;
what is erroneous is a judgment based upon it.
-Bertrand Russell
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Right discipline consists, not in external compulsion,
but in the habits of mind which lead spontaneously
to desirable rather than undesirable activities.....
A hallucination is a fact, not an error;
what is erroneous is a judgment based upon it.
-Bertrand Russell
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Petition to Mr. PM
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We endorse the Free Raja Petra Kamaruddin, Teresa Kok and Others Held Under the Internal Security Act Petition to Prime Minister of Malaysia.
Achtung! - Bee En Downfall Parody
Just had to have it here so that I can watch it again.
What can I say .... it was hilarious and an excellent piece of work.
You guys who haven't seen it - Have Fun!
oooooooooooooooooooooooooooooooooooWhat can I say .... it was hilarious and an excellent piece of work.
You guys who haven't seen it - Have Fun!
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Thursday, 18 September 2008
PETALING JAYA, MALAYSIA, 18 SEPTEMBER 2008
Today Pakatan Rakyat leaders have submitted a letter to the Prime Minister requesting him to call an emergency session of Parliament to deliberate a motion of censure against the leadership of YAB Dato’ Seri Abdullah Ahmad Badawi no later than Tuesday 23 September 2008.
This is in accordance with Order 11(3) of the Standing Orders of Parliament and warrants an immediate response given the gravity of today’s political impasse. A delay in his response would be interpreted as nothing short of a further sabotage of the democratic process and abuse of Executive Power.
The Prime Minister’s haggling on the syntax of our first letter is puerile at best. The intent of our meeting as described in that letter was clearly to discuss the future course of the nation’s leadership – though in deference to his position and in accordance with acceptable norms we remain considerate and polite in our approach.
I find the Prime Minister’s comment about me in his press conference yesterday to be reckless and irresponsible in light of the disastrous outcome of last Friday’s ISA raids.
He has conflated what is essentially an issue of democracy, freedom and the rule of law with national security. The use of the ISA to harass and detain duly elected political opponents is a grave transgression of the law and its continued use would further erode confidence in the current government and exacerbate political instability.
As the incumbent Prime Minister actively holding office and exercising all Executive powers, and as the outgoing Finance Minister, we hold him fully accountable for the current political turmoil and mismanagement of the nation’s economy. His accusation that I have had an adverse impact on the nation’s economy is entirely without basis.
I have met with the key fund managers in the region, representing over USD 1 trillion in assets, and on multiple occasions they were unanimously in support of comprehensive reforms in Malaysia including judicial independence, a free media, a more professional police force and anti-corruption agency, investor friendly laws and assurances on the non-interference of politicians in the governance of Bank Negara. These are policies Pakatan Rakyat has promised to implement– and initiatives that the current administration has done virtually nothing to advance since March 8th.
ANWAR IBRAHIM
Leader of Opposition
De-facto leader, Keadilan
This is in accordance with Order 11(3) of the Standing Orders of Parliament and warrants an immediate response given the gravity of today’s political impasse. A delay in his response would be interpreted as nothing short of a further sabotage of the democratic process and abuse of Executive Power.
The Prime Minister’s haggling on the syntax of our first letter is puerile at best. The intent of our meeting as described in that letter was clearly to discuss the future course of the nation’s leadership – though in deference to his position and in accordance with acceptable norms we remain considerate and polite in our approach.
I find the Prime Minister’s comment about me in his press conference yesterday to be reckless and irresponsible in light of the disastrous outcome of last Friday’s ISA raids.
He has conflated what is essentially an issue of democracy, freedom and the rule of law with national security. The use of the ISA to harass and detain duly elected political opponents is a grave transgression of the law and its continued use would further erode confidence in the current government and exacerbate political instability.
As the incumbent Prime Minister actively holding office and exercising all Executive powers, and as the outgoing Finance Minister, we hold him fully accountable for the current political turmoil and mismanagement of the nation’s economy. His accusation that I have had an adverse impact on the nation’s economy is entirely without basis.
I have met with the key fund managers in the region, representing over USD 1 trillion in assets, and on multiple occasions they were unanimously in support of comprehensive reforms in Malaysia including judicial independence, a free media, a more professional police force and anti-corruption agency, investor friendly laws and assurances on the non-interference of politicians in the governance of Bank Negara. These are policies Pakatan Rakyat has promised to implement– and initiatives that the current administration has done virtually nothing to advance since March 8th.
ANWAR IBRAHIM
Leader of Opposition
De-facto leader, Keadilan
Body Language 101.
A picture definitely says a thousand words.
Here's a fantastic Snapsot from The Sun, of the 'banker & defender' of Malaysia:
Here's a fantastic Snapsot from The Sun, of the 'banker & defender' of Malaysia:
- http://www.sun2surf.com/
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As a guideline to "body language", one could refer to this
Comment on MT:
http://www.learnbodylanguage.org/body_language_lying.html
Liars are normally under stress.
The first thing to make clear is that body language and facial expressions are good indicators of when a person is lying but the indicators are not foolproof.
Here is what to watch for when a person is lying to you when face-to-face: (Also make sure you don't do these things!)
* Voice is higher pitched.
* Untrue answers to questions are slightly delayed.
* Body and face become stiffer.
* Hand-to-face touching increased, especially nose rubbing and mouth covering.
* Face and hands becomes a bit paler as blood is withheld from extremities. (A sign of high stress.)
* Nostrils may open wider ('flare').
* Breathing deeper and maybe audible.
* Lips become thinner and tighter.
* Shoulders pulled up and elbows pulled in to sides more. Body takes up less space.
* Forehead tightens up a little in area between eye brows.
* Eye contact breaks away from you and eyes may squint or close.
* Heart rate increases.
* Hand palms turned down or closed, and not revealed to you.
My God! This is our PM and DPM!
Thank You SUN - you surely got the right picture, for a picture paints a thousand words.
Comment on MT:
http://www.learnbodylanguage.org/body_language_lying.html
Liars are normally under stress.
The first thing to make clear is that body language and facial expressions are good indicators of when a person is lying but the indicators are not foolproof.
Here is what to watch for when a person is lying to you when face-to-face: (Also make sure you don't do these things!)
* Voice is higher pitched.
* Untrue answers to questions are slightly delayed.
* Body and face become stiffer.
* Hand-to-face touching increased, especially nose rubbing and mouth covering.
* Face and hands becomes a bit paler as blood is withheld from extremities. (A sign of high stress.)
* Nostrils may open wider ('flare').
* Breathing deeper and maybe audible.
* Lips become thinner and tighter.
* Shoulders pulled up and elbows pulled in to sides more. Body takes up less space.
* Forehead tightens up a little in area between eye brows.
* Eye contact breaks away from you and eyes may squint or close.
* Heart rate increases.
* Hand palms turned down or closed, and not revealed to you.
My God! This is our PM and DPM!
Thank You SUN - you surely got the right picture, for a picture paints a thousand words.
Wednesday, 17 September 2008
Quo Vadis, DSAI?
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"We have the Numbers"
-DSAI
"The most important thing about power is to make sure you don't have to use it."
-Edwin Land
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"We have the Numbers"
-DSAI
"The most important thing about power is to make sure you don't have to use it."
-Edwin Land
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So he says .... and I believe it.
The numbers though, aren't likely to be such that the majority would be "unshakeable". This can be quite "unsettling", especially with the numerous (possibly) "uncooperative" elements in the instruments of state. Without a doubt - he has the pop appeal, and should by right be in power.
However, that isn't all that matters - even though that is what "Democracy" is supposed to be. Power in a state also depends on the confidence that one can instill in the "institutions of state" and the elite.
Having had a government that functioned as a "nanny" that controlled all facets/institutions state (more so over the last 25yrs), it would be tough for Anwar to take over without a significantly overwhelming electoral majority. In fact, it would be somewhat "destabilising", as these institutions, have their "own anxieties" too. They fear a "social revolution" and a purge along the lines of certain other states, resulting in flight of opportunities and capital.
They basically fear the unknown.
First and foremost, DSAI needs to allay the fears of "the elite" and the civil service (with are beholden to Umno) that there wouldn't be a witch-hunt, should he come to power. After all, (right or wrong) vendetta cannot be ruled out, and we imagine/know of many a skeleton that has been in the closets for decades - hence the fears of the "stakeholders".
Also it would be advisable to consider what Henry Wallace said i.e., "A fascist is one whose lust for money or power is combined with such an intensity of intolerance toward those of other races, parties, classes, religions, cultures, regions or nations as to make him ruthless in his use of deceit or violence to attain his ends."
We are in a Catch-22 situation.
Should he not move fast enough, the damage to the instituions of state and socio-economic status would be disastrous - and many would suffer (including ISA detainees).
If he did though, and if I were to speculate, it wouldn't be to far-fetched to say that chaos would would ensue, should Anwar rush it - after all, the "stakeholders" are still quite uncomfortable with his meteoric rise and return to power.
This is what RPK was most concerned about, when he proposed a "Unity Government" with the BN - the "realpolitik" so to speak.
Considering the circumstances, such an "arrangement" doesn't sound too feasible, as it is well known how some parties practise their hegemony and strive to emasculate and corrupt their "allies".
The powers that be (and many people) aren't too comfortable with the political changes that have happened at lightning speed, after the sloth for the last 10yrs. Rather than be in too much of a rush, I'd rather they (PR) consolidate their own electoral pact/ victory and learn the "tricks of the trade while patiently do some quality "head-hunting".
In fact, it is paramount that they actually come to a better "social contract" so as to agree on a modus operandi to achieve their aims in a more subtle manner, for a more sustainable future.
If there was anything I would like to say to DSAI, it would go along these lines -
"Why don't you take it easy for a while DS. Patience DS, patience - don't rush it ........ but fight you must.
While you are indeed quite "seasoned" with undoubted leadership qualities, bear in mind that most of your allies have never tasted power before - let them learn. Too much power, too fast can have a corrupting effect, no matter how virtuous one may be.
Yes many with vested interests will goad you on, and the people will support you as long as the "euphoric wave" persist - but it would be better if you ride on a wave of credibility. Thus far we have got little beyond the tsunami of dissatisfaction (aided by TDM and Umno internal conflict) to speak of.
Moreover, the "victory" that you have achieved was to a certain extent, a victory as a result of "rebellion" of sorts. The electoral pact, is just that - a pact, and not an alliance. The defeat that BN has faced was nothing less than death itself - and don't expect them to give in without fighting tooth and nail. In such a position as they are in, it can be quite expected that they'd "fight dirty".
You are a leader that Malaysia has been wanting for 50yrs - don't let it go to waste, DS. The people need you. If you can deliver, even half of what you have promised, rest assured that the people will not desert you. Be patient DS.
After all, you did already achieve the inconceivable in such a short time. Try to get into a comfortable position with your allies, before you move on to the next level .... no need for a "unity govt". Get used to being in the opposition, with the new breed of leaders.
I do understand that it's imperative that the ISA detainees be released - but it's the "tension" created and the nervousness of a shaky government that has partly led to this predicament. Why don't we at least try other ways to get them out? We haven't exhausted all options, have we?
Let the "stakeholders" (the people and the elite) trust you more, and be more comfortable with the changes that we expect. With the forces of globalization, Malaysia has to change - with or without you, or else we are doomed.
While most Malaysians do support your ideals DS, it would be wise to keep in mind that the uncertainties you propose, makes them nervous.
What's the big deal if it is done a little slower while educating the public on your ideals, with a little less "stress"? It would probably speak more of your (PR's) resilience in the face of adversity. It would in fact be a more stabilizing factor, should you be able to garner a greater groundswell of support among the Malay electorate.
What I say may be wrong, but isn't too far from the truth - I believe it is worth considering."
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"Faith consists in believing when it is beyond the power of reason to believe."
-Voltaire
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-Voltaire
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The ISA in Malaysia - Pt. I
UPDATES from the blogs/newsportals:-
Sapp pulls out of UMNO-led Barisan Nasional
Sapp pulls out of BN; Blogger Kickdefella detained
Najib handed the "cookie jar". Pak lah is playing defence.(no offence intended).
Beh Li Yi | Sep 17, 08 2:16pm BREAKING NEWS! updated 3pm
The prime minister says his deputy Najib Abdul Razak will take over as finance minister with immediate effect.
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*(Speculative) ==>HORRORS!! - Mr "wayar putuih" (aka Nazri) for Law - again????
==> KJ to challenge Madey Jr. & Toyol in "Chief Young Turd" contest?
==> KJ to challenge Madey Jr. & Toyol in "Chief Young Turd" contest?
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The role of fundamental liberties in the evolution of Malaysia as a democratic society.
Since it may be too long to be read and understood, I have split it up into 3 parts.
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Seed of Democracy
After World War II, the British planted the seed of democracy in Malaya. In 1955, Malayans were empowered to elect their representatives to the Federal Legislative Council. Two years later, Malayans were granted the right for self-determination and thus the Federation of Malaya became an independent sovereign country. Malaysia as a political entity came into being on 16th September 1963 by federating the Federation of Malaya with Sabah, Sarawak and Singapore. However, in 1965, Singapore separated from Malaysia.
Throughout the history of Malaysia, there is a continuity of parliamentary democracy with regular election being held except during the aftermath of 1969 racial riots, which democracy was pronounced dead and parliament was suspended from 15 May 1969 until 20 Feb 1971. [1]
It is beyond dispute that democratic system is the preferred system for Malaysians as it provides the only long-term basis for managing competing racial, religious and cultural interests in a way that minimizes the risk of violent internal conflict within a plural society.
In 1991, the Prime Minister YAB Dato’ Seri Dr Mahathir Mohamad in a working paper presented to the Malaysian Business council, unveiled the national aspiration plan called Vision 2020[2]. Vision 2020 is about the aim that Malaysia becomes a fully developed country by the year 2020. There are 9 challenges documented in the working paper. The third challenge is fostering and developing a mature democratic society. In order to achieve these common goals, Malaysia has to benchmark its democratic system with the others fully developed countries.
Democracy is more than the ritual casting of a ballot at multi-party elections. True democracy involves participation by the people at all levels so that they have a voice in the discussions and decisions by which they are governed. But democracy must not only govern the political process, it should pervade all sphere of society, including economic and social life.
As Malaysia develops and its citizens becomes better educated and more sophisticated, the demand for civil and political rights has become louder. For increasingly larger segments of Malaysian society, a full stomach is no longer enough. The barometer for a mature democratic society is measured by the fundamental liberty enjoys by its peoples.
Fundamental Liberties Guaranteed by the Written Constitution
There are nine rights regarded as fundamental in the Malaysian Constitution (Federal Constitution) namely liberty of the person (Article 5); freedom from slavery and forced labour (Article 6); protection against retrospective criminal laws and repeated trials (Article 7); equality (Article 8); prohibition of banishment and freedom of movement (Article 9); freedom of speech, assembly and association (Article 10); freedom of religion (Article 11); rights in respect of education (Article 12) and rights to property (Article 13).
According to Dr Shad S Faruqi[3], there are 4 categories of restriction on fundamental liberties in the Federal Constitution namely:
- Restrictions may be imposed by ordinary legislation enacted under the authority of the constitutional provision conferring the right
- Fundamental rights may be curtailed by legislation against subversion.
- Legislation to combat an emergency may suspend all fundamental rights except freedom of religion
- Constitutional amendments may be enacted to curtail or abolish a right guaranteed by the basic law
Within the above context, the following analysis is to identify the restrictions and look into proposal to overcome them.
1. Restrictions by ordinary legislation enacted under the authority of the constitutional provision conferring the right
An examination of the constitutional provisions would disclose that there are two types of rights namely absolute rights and qualified rights. Absolute rights are those without restriction or qualification. Qualified rights refer to the provisions concerned permit laws to curtail the exercise of such rights under certain conditions. Take for instance, freedom from slavery is an absolute rights guaranteed by the Federal Constitution. In the other hand, freedom of speech is a qualified right.
Although Article 10(1)(a) grants to all citizens the right to freedom of speech and expression, Parliament may under Article 10(2) by law restrict this right under 9 grounds namely security of the Federation, friendly relations with other countries, public order, morality, privileges of Parliament, privileges of Legislative Assembly, contempt of court, defamation and incitement to any offence.
As compare to the First Amendment in the Constitution of the United States of America (USA), Article 10(1)(a) of Federal Constitution is too restrictive. The First Amendment stipulated that among other things USA Congress should make no law prohibiting the free exercise or abridging the freedom of speech.[4] As what Harding concluded Article 10 is remarkable for what it takes away rather than for what it gives. [5]
The idea that restrictions are sometimes necessary on political rights is common place in others jurisdiction. However, Article 10 fails to place any real restrictions on the restrictions. They are widely drafted that in practice there are likely to be very few possible restrictions which could not be said to come within the kinds of restriction permitted by Article 10, especially as there is nothing in Article 10 to suggest that the courts have any right to review the necessity of legislation restricting one of these rights.
In Madhavan Nair v PP [1975] 2 MLJ 264: The Malaysian High Court had declared that the use of subjective words in article 10(2) like “necessary or expedient” rendered it not within the competency of the courts to question the necessity or expediency of the legislative provision.
In India, there is a judicial requirement that derogating pieces of legislation must be “reasonable restriction” (Article 19(2) of the Indian Constitution). Indian Constitution requires that the restrictions, even if within the limits prescribed, must be reasonable and the court would be under a duty to decide on its reasonableness.
According to Article 10 of European Convention on Human Rights, the Parliament of member states are allow to restrict political rights only so far as is compatible with the requirements of a democratic society.
With regard to Malaysia, when infringement of the right is alleged, the scope of the court’s inquiry is limited to the question whether the impugned law comes within the orbit of the permitted restriction. There would be no substantive challenge to these laws even if they were overly harsh or unreasonable.[6] Prima facie, this would seem to indicate that so long as parliament fulfilled all the procedural requirements in the passage of laws restricting free speech
The position in India and European Community is preferred, as it has allowed the judiciary to scrutinise the enabling provision of the constitution on the grounds of reasonableness and compatibility of a democratic society respectively.
2. Fundamental rights curtailed by legislation against subversion.
Powers against subversion under Article 149 Federal Constitution has curtailed the practical operation of fundamental rights. This provision also introduced the broad notions of national security into Malaysia. Legislations enacted under Article 149 may be inconsistent with liberty of the person (Article 5); freedom of movement (Article 9); freedom of speech, assembly and association (Article 10) and rights to property (Article 13) and yet remain constitutionally valid.
Article 149 of the 1957 Constitution (Merdeka Constitution) has a clause that such laws would automatically lapsed upon the expiration of one year from the date on which they came into operation. However the sunset provision was removed in the Constitution Amendment Act 1960 and the position now is such laws would continue to exist indefinitely, unless both Houses of Parliament passed resolutions annulling them.
One of the examples of such legislation is the Internal Security Act 1960. (ISA). ISA permits the Executive to detain suspects without the filing of formal charges. During the 1960s, ISA was intended to deal with the threat of communist. However, in the case of Theresa Lim Chin Chin v Inspector-General of Police [1988] 1 MLJ 293: The court ruled that ISA is valid and from the wording of the provision of the Act there is nothing to show that it is restricted to communist activities. It was held that Art 149 was not confined to the communist insurgency.
Since the terrorist attack on the World Trade Centre Twin Towers in New York City on September 11, 2001, United State of America (USA) has introduced the Patriot Act 2001. [7] This Act empowered the Attorney General to sign detention order to detain without trial. As both ISA and Patriot Act is the law on preventive detention, it will be interesting to make a comparison.
The following table summarised the difference between these two legislations.
| Name | Malaysia Internal Security Act 1960 | USA Patriot Act 2001 |
| Purpose | To provide for the internal security of Malaysia, preventive detention, the prevention of subversion, the suppression of organised violence against persons and property in specified areas of Malaysia, and for matters incidental thereto. | To deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes |
| Applicability | Applicable to all persons. (Both citizens and non-citizens) | Applicable to alien (Non-US citizens only). |
| Judicial Review | Judicial review is restricted. Section 8B and 8C severely limit the court’s ability to inquire into the legality of a detention except on questions of compliance with procedures. | Judicial review in terms of habeas corpus proceedings is provided by the Act. |
| Detention period | Section 73 allows the police to detain for 60 days any person who may act "in a manner prejudicial to the security of Malaysia." The Home Minister may authorize indefinite detention renewable every two years ad infinitum. | The Act allows 7 days detention after which he AG should initiate deportation proceedings, press charges or otherwise release the detainee. There is provision provided for the person to be detained for up to six months. The Court ruled that Attorney General is authorized to detain aliens as long as removal is reasonably foreseeable. [8] |
| Restricted conditions after released | Those released before the end of their detention period are subject to "imposed restricted conditions" for the remainder of their detention periods. These conditions limited their rights to freedom of speech, association, and travel outside the country
| Either deportation or let free. No restricted conditions after released.
|
| Report to
| No equivalent provisions. | Every 6 months, the Attorney General shall submit a report to the Committee on the Judiciary of the House of Representatives and the Senate, with respect to the reporting period, the details of the detainees and the grounds for the detention. |
| Review | The Advisory Board shall review the detention every 2 years. | The Attorney General shall review the detention every 6 months |
| Sunset Provision | No equivalent provisions | The Act shall cease to have effect on Dec 31, 2005. |
Table 1: Comparison analysis of Malaysia ISA and USA Patriot Act
The ISA in Malaysia - Pt. II
3. Legislation to combat an emergency may suspend all fundamental rights except freedom of religion
Article 150 of the Federal Constitution gives extraordinary powers to the Executive to act when a State of Emergency is declared. Any Act enacted under Article 150 need not comply with all fundamental liberties except related to religion (Article 150(6)(a)) and continues in force indefinitely until parliament otherwise determines, whether or not the circumstances giving rise to the emergency have terminated.
In the 1957 Merdeka Constitution, a proclamation of emergency and laws passed during such an Emergency shall cease to be in force at the expiration of two months from the date of proclamation. They would only continue to have force if they have been approved by a resolution of each House of Parliament before the expiry of the specified period. Such sunset provision was meant to prevent abuses by the Executive.
However, the Constitution Amendment Act 1960 removed this highly desirable protective mechanism by providing that neither the Proclamation of Emergency nor the laws passed automatically lapse after two months. Instead, they remain in force indefinitely, until both Houses of Parliament pass annulling resolutions [9]
As the consequences of this 1960 amendment, there are 4 proclamations of Emergency that are still valid and in force today as none of them had been revoked or annulled [10].
The 4 proclamation of Emergency are
- Indonesian Confrontation (1964)
- Political crisis in Sarawak only (1966)
- Racial riot (1969)
- Political crisis in Kelantan only (1977)
In the Constitution (Amendment) Act 1981, a new Clause (8) was inserted to Article 150, which provides that the Courts have no jurisdiction to entertain any application to challenge any State of Emergency proclaimed by His majesty and any laws made there under – thus all questions concerning emergency powers would be left to the absolute discretion of the Executive.
This 1981 amendment effectively places the action to invoke the emergency powers beyond judicial review.
The combine effects of 1960 and 1981 amendments substantially and extensively infringed upon fundamental concepts underlying the 1957 Merdeka Constitution. These amendments all worked to the detriment of the individual and to the benefit of the Executive.
Unrestrained invocation of emergency powers poses a threat to the rule of law and democracy in Malaysia. Lim Kit Siang, the then Parliament Opposition Leader, proposed a review of the exercise of the emergency powers under Article 150 and the formulation against abuses of emergency powers. [11] His proposals are as following:
- The effects of states of emergency on the rights of citizens and the powers of the various branches of government should be clearly spelt out.
- The constitution should enumerate and define the situations, which justify departure from the normal order. There should be separate provisions to distinguish between war with foreign enemies and internal disturbances.
- The duration of states of emergency should be specified. Review of the need for emergency occurs at regular intervals.
- The procedure for declaring a state of emergency must be constitutionally defined, giving primary responsibility to legislature.
It is submitted the Federal Constitution, providing that emergency legislation can be inconsistent with any provision of the constitution except those concerning religion, citizenship and language is wholly incompatible with the contemporary international standard. A detail review should be carried out to protect the fundamental liberties of the citizens during emergency period.
4. Constitutional amendments may be enacted to curtail or abolish a right guaranteed by the basic law
The constitutional guarantees of fundamental liberties are also not entrenched in that they are protected from the amending powers of Parliament. It is technically possible under Article 159 of Federal Constitution for fundamental liberty provisions to be altered, restricted or even done away with by two-third-majority vote in a constitutional amendment.
However, the Indian Supreme Court thought otherwise. In the Indian case of Kesavanand Bharai v The State of Kerala A.I.R. 1973 SC 1461: Supreme Court of India had to consider the scope and extent of the power to amend the Indian Constitution whether certain provisions can be corroded by the Parliament thru the process of constitutional amendment. The court ruled that the doctrine of basic structure is effective in the Indian Constitution. The basic structure of Indian Constitution said to consist of the following features.
· Supremacy of the constitution
· Republican and democratic forms of Government
· Secular nature of the constitution
· Separation of power between legislative, executive, judiciary · Federal character of the constitution
In favour of this doctrine, it can be said that it provides an insurance against legislative over exuberance. It safeguards the basic structure and value of the constitution against the power of transient political majorities.
In Loh Kooi Choon v Government of Malaysia [1977] 2 MLJ 187, Federal Court declined to follow the Kesavanand doctrine and held that fundamental rights enshrined in Part II of the Federal Constitution were not inviolate and could be amended by Parliament.
The courts’ reluctance to follow Indian case on civil liberties and constitutional law, which have resulted in lesser rights being enjoyed by a Malaysian citizens than Indian citizens.
Tommy Thomas [12] advocated for the concept of “Basic Structure” to be applied in Malaysia. He argued that the acceptance is the only way for the courts to live up to its constitutional duties in preserving and protecting the Constitution in the face of the numerous constitutional amendments by parliament and the frequent use of Emergency Powers by the Executive.
It may be useful to recall what Justice Jackson said in the case of West Virginia State Board of Education v Barnette 319 US 624: “The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials, to establish them as legal principles to be applied by the Courts. One’s right to life, liberty and property, to free speech, a free press, freedom of worship and assembly and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections.
Judicial interpretation on the Fundamental Liberties
As the Federal Constitution with a chapter on fundamental liberties, the judiciary has been given the vital role of reconciling the conflicting demands between the fundamental liberties of the citizens and responsibilities of the State. Violation of the fundamental liberties enshrined in the Federal Constitution can be remedied in the Courts through writ of habeas corpus, mandamus, certiorari and others.
Tun Suffian in Re Datuk James Wong Kim Min [1976] 1 LNS 124 observed that “The laws affect the liberty of the subject and in the case of doubt or ambiguity, they should be interpreted against the authority and in favour of the citizen”.
Raja Azlan Shah declared in Pengarah Tanah & Galian, WP v Sri Lempah Enterprise Sdn Bhd [1978] 1 LNS 143: “Unfettered discretion is a contradiction in terms… Every legal power must have legal limits, otherwise there is dictatorship. The Courts are the only defence of the liberty of the subject against departmental aggression. In these days when government departments and public authorities have such great powers and influence, this is a most important safeguard for the citizen; so that the courts can see that these great poers and influence are exercised in accordance with law.”
The above statements reflect the bright side of liberal constitutional interpretation in favour of the peoples. However, the Courts tend to have different approach on interpreting the constitutional provisions. This can be seen from the survey of cases involving interpretation on the meaning of “life” and habeas corpus proceedings.
The Meaning of “Life”
The Court of Appeal in Tan Tek Seng v Suruhanjaya Perkhidmatan Pendidikan & Anor [1996] 2 CLJ 771, Gopal Sri Ram JCA said: “The expression “life” appearing in Article 5(1) does not refer to mere existence. It incorporates all those facets that are an integral part of life itself and those matters that go to form the quality of life. Of these are the rights to seek and be engaged in lawful and gainful employment and to receive those benefits that our society has to offer to its members. It includes the right to live in a reasonably healthy and pollution free environment. The judgement of the right to life incorporates right to livelihood. “
However, in Pihak Berkuasa Negeri Sabah v Sugumar Balakrishnan [2002] 4 CLJ 105, the Federal Court disagreed with the interpretation of Tan Tek Seng and viewed that the matters which form the quality of life has been enshrined in the Part II of Federal Constitution under the heading of Fundamental Liberties.
In short, Court of Appeal in Tan Tek Seng has expanded the meaning of “life” in Article 5(1). However, Federal Court in Sugumar reversed the liberal trend set by Tan Tek Seng and have used a restrictive approach in interpreting the provision. In Sugumar case, the judgement is in favour to the State but it is the opposite for Tan Tek Seng.
Habeas Corpus Proceedings
In the case of Abdul Ghani Haroon v Ketua Polis Negara & Another [2001] 3 CLJ 606, Justice Dato Hishamuddin Yunus granted the habeas corpus application. The court used the inherent powers – s25(2) of the Courts of the Judicature Act 1964 read with Para 1 of the Schedule of the same act – to make a further order that the police be restrained from rearresting the applicants at least for a period of 24 hours. Dato Hishamuddin said: “Due to heavy presence of police personnel, should rearrest immediately occur, that would have been a grave injustice. Such an action on the part of the police would make a mockery not only of my judgement, which I had delivered, but also of the whole habeas corpus proceeding and of the constitutional guarantees under art 5 of the Constitution.“
This judgement reflects the judicial creativity in interpreting the provisions of the legislation. This is the landmark judgement in which first time a further order of 24 hours no-rearrest assurance was made. Prior to this judgement, even one succeeded in the habeas corpus application may not taste the fruit of the judgement long enough. For instance, a politician cum lawyer Karpal Singh was rearrested at a roadblock while he was on his way home to Penang with his family nine hours after obtaining the writ of habeas corpus from the High Court of Ipoh in 1988.[13]
Expansion of the Constitution’s scope
The Malaysian court is more notable for its conservatism than activism. Malaysian judges should in future play a more activist role in carrying out their constitutional functions. They should adopt a purposive, liberal and broad view of constitutional rights and concepts.
It is submitted that the Court should expand, not limit the Constitution’s scope. The provisions on fundamental liberties must be interpreted in such a way that is promotes democracy and fairness.
International law on Human Rights
In 1948, the Universal Declaration of Human Rights (UDHR) was adopted as a “common standard of achievement for all peoples and all nations”. Today, the UDHR has been supplemented by a vast array of international standards. Of the 25 major international human rights instruments, Malaysia has ratified only five namely [14] :
- Convention on the Elimination of All Forms of Discrimination Against Women
- Convention on the Rights of the Child
- Convention on the Nationality o married Women
- Convention on the Prevention and Punishment of the Crime of GenocideSupplementary
- Convention on the Abolishment of Slavery, the Slave Trade and Institutions and Practices similar to Slavery
Malaysia has yet to ratified two important instruments namely
- International Covenant on Economic, Social and cultural rights (ICESCR)
- International Covenant on Civil and Political Rights (ICCPR)
Both ICESCR and ICCPR have come into effect in the year of 1976. Calls for ratification has been made by numerous quarters including the Parliament opposition leader who moved a Parliament motion in 1976[15] and by Malaysia Human Rights Commission in its year 2000 Annual Report. [16]
As of 1 April 1999, there are 141 countries out of 195 countries in the United Nations ratified ICESCR, 144 for ICCPR [17].
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