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11 May 2012

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The Malaysian Insider

PETALING JAYA, May 11 — Tun Mohammad Hanif Omar must step down as head of Putrajaya’s independent panel probe on the Bersih 3.0 violence, Datuk Seri Anwar Ibrahim said last night.

The PKR de facto leader said this was necessary to ensure the panel was completely fair and neutral in its investigations into incidents surrounding the April 28 rally.

Former Inspector-General of Police Hanif was delusional in thinking Bersih 3.0 would bring a resurgence of communist threat, said Anwar (picture).

“Tun Hanif still thinks he is the Inspector-General of Police fighting the communists, need to fight Chin Peng to the end… eh it (the communist threat) is already over,” Anwar said at a Pakatan Rakyat (PR) ceramah attended by over 1,000 supporters.

“I am asking that Tun Hanif withdraw as chairman. Do not fool the people. You know you are not neutral, insulting Bersih… the other panel members should also step down,” Anwar demanded.

DAP parliamentary leader Lim Kit Siang echoed Anwar’s remarks, saying that Hanif’s appointment was the “worst” decision the Najib administration had made in three years.

“Tun Hanif should be a star witness in the enquiry, not the chairman… save the enquiry from embarrassment,” the Ipoh Timor MP said to loud cheers from people at the ceramah.

“Tun Hanif says Bersih 3.0 was a plot to overthrow the present government… where is the proof?

“Rational Malaysians won’t accept this explanation… that there were pro-communist elements during the rally,” said Lim.

The DAP has maintained Putrajaya’s independent panel probe on the Bersih 3.0 violence would return biased findings following Hanif’s appointment as its head.

DAP secretary-general Lim Guan Eng had said that Hanif had already made clear his opposition to Bersih and his former position as IGP would serve as a conflict of interest when the panel probes allegations of police brutality.

As such, he said, it was a “forgone conclusion” that the panel would absolve all police personnel from blame over the violent incidents during Bersih 3.0 last month.

Home Minister Datuk Seri Hishammuddin Hussein announced the names of the six-man panel tasked to investigate allegations of police violence against Bersih 3.0 protesters on April 28.

Apart from Hanif, the other panel members include former Chief Judge of Borneo Tan Sri Steve Shim, Sinar Harian managing director Datuk Hussamuddin Yaacub, Media Chinese International legal adviser Liew Peng Chuan, Petronas corporate affairs senior general manager Datuk Medan Abdullah and Universiti Kebangsaan Malaysia psychology Professor Dr Ruszmi Ismail.

Prime Minister Datuk Seri Najib Razak had pledged last week that “credible, experienced and respectable” individuals would form the independent panel to probe the violence during Bersih 3.0.

Najib said that he along with the entire government and members of the public are keeping a close eye on investigations into the allegations that journalists, both local and foreign, had been roughed up during the rally for free and fair elections.

But Najib has come under fire for his administration’s selection of Hanif to head the panel, even after the latter had agreed with the prime minister’s claim that Bersih 3.0 was an attempt to overthrow the government and even claimed that communist sympathisers were involved in the event.

Chaos reigned on the streets of Kuala Lumpur for over four hours after 3pm on April 28 when police fired tear gas and water cannons and chased protesters down the streets to disperse what had initially begun as a peaceful protest calling for free and fair elections.

The Bar Council has said that its observers found that police brutality at the rally was “magnified” compared to already chaotic scenes during a similar gathering for free and fair elections last July 9.

Six local pressmen and 12 photographers and journalists from the foreign media were reportedly assaulted during the fracas on April 28.

Both local and foreign media groups have condemned the hard-handed tactics used on the media, whom they pointed out were merely doing their job.

Police had begun firing the tear gas and water cannons after some demonstrators breached the barricade in front of Kuala Lumpur City Hall (DBKL) and rushed into Dataran Merdeka, which the court had barred the public from entering that particular weekend.

They fired as far as the DBKL premises, which are across Jalan Parlimen, and the move broke up the crowd who fled helter-skelter but police chased them down at Jalan Tun Perak and Jalan Raja Laut.

10 May 2012

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Malaysia Chronicle

The United Nations in Malaysia would like to refer to the article published in The Star newspaper on May 7, 2012 titled “Police: Tear gas used at rally safe, UN-approved’.

We very much regret that the UN in Malaysia was not consulted before the publication of this article as it contains serious inaccuracies. The UN has consistently condemned the excessive use of force, including through the use of tear gas.

Please also note that the Office of the UN High Commissioner for Human Rights (OHCHR) and Special Procedures of the Human Rights Council have on various occasions publicly expressed concerns about reliable reports indicating that civilians who died from tear gas suffered complications from gas inhalation, and that security forces have been firing metal tear gas canisters from grenade launchers into crowds.

The UN Special Rapporteur on Freedom of Expression after his mission to the Israel and Occupied Palestinian Territories (OPT) in December 2011 noted that “while the use of tear gas to disperse a crowd may be legitimate under certain circumstances, tear gas canisters should never be fired directly at demonstrators.”

Moreover, unlike what is alleged in the article, the UN does not set international standards on different kinds of irritants, nor has the UN approved ‘CS Gas’ as a ‘riot control’ agent.

Journalists AND public officials should be professional

As far as the use of force is concerned, the relevant UN instrument is the Basic Principles on the use of Force and Firearms by Law Enforcement Officials, which was adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders in 1990, not the Chemical Weapons Convention (CWC) of 1993. I provide its general provisions below:

1. Governments and law enforcement agencies shall adopt and implement rules and regulations on the use of force and firearms against persons by law enforcement officials. In developing such rules and regulations, Governments and law enforcement agencies shall keep the ethical issues associated with the use of force and firearms constantly under review.

2. Governments and law enforcement agencies should develop a range of means as broad as possible and equip law enforcement officials with various types of weapons and ammunition that would allow for a differentiated use of force and firearms. These should include the development of non-lethal incapacitating weapons for use in appropriate situations, with a view to increasingly restraining the application of means capable of causing death or injury to persons. For the same purpose, it should also be possible for law enforcement officials to be equipped with self-defensive equipment such as shields, helmets, bullet-proof vests and bullet-proof means of transportation, in order to decrease the need to use weapons of any kind.

3. The development and deployment of non-lethal incapacitating weapons should be carefully evaluated in order to minimize the risk of endangering uninvolved persons, and the use of such weapons should be carefully controlled.

4. Law enforcement officials, in carrying out their duty, shall, as far as possible, apply non-violent means before resorting to the use of force and firearms. They may use force and firearms only if other means remain ineffective or without any promise of achieving the intended result.

5. Whenever the lawful use of force and firearms is unavoidable, law enforcement officials shall:

( a ) Exercise restraint in such use and act in proportion to the seriousness of the offence and the legitimate objective to be achieved;

( b ) Minimize damage and injury, and respect and preserve human life;

( c ) Ensure that assistance and medical aid are rendered to any injured or affected persons at the earliest possible moment;

( d ) Ensure that relatives or close friends of the injured or affected person are notified at the earliest possible moment.

6. Where injury or death is caused by the use of force and firearms by law enforcement officials, they shall report the incident promptly to their superiors, in accordance with principle 22.

7. Governments shall ensure that arbitrary or abusive use of force and firearms by law enforcement officials is punished as a criminal offence under their law.

8. Exceptional circumstances such as internal political instability or any other public emergency may not be invoked to justify any departure from these basic principles.

We at the United Nations appeal to all journalists to correctly and accurately research and report all matters and procedures related to the UN. We believe that such professionalism should also extend to all public officials.

Dr Lin Mui Kiang is the United Nations Coordination Specialist, Malaysia

4 May 2012

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Malaysiakini

Majlis Peguam akan mengadakan mesyuarat agung luar biasa (EGM) untuk membincangkan isu-isu berkaitan dengan perhimpunan BERSIH 3.0 Sabtu lalu.

Menurut surat pekeliling rasmi yang disiarkan di lamanwebnya, EGM itu akan diadakan Jumaat depan di sebuah hotel di Kuala Lumpur.

Agendanya ialah membincangkan usul Pengerusi Majlis Peguam, Lim
Chee Wee berhubung dengan peristiwa dan sekitar perhimpunan awam pada 28 April 2012 anjuran BERSIH 3.0, dan perkara-perkara yang berkaitan dengannya.

Tiada maklumat lanjut dinyatakan dalam pekeliling tersebut.

EGM itu memerlukan kuorum 500 orang.

Majlis Peguam telah menugaskan pasukan pemantauan 78 anggota semasa perhimpunan tersebut dan kemudiannya mengeluarkan laporan interim pada hari Selasa.

4 May 2012

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Malaysia Chronicle

Local human rights movement Suara Rakyat Malaysia, which successfully initiated a French investigation into alleged kickbacks linked to Malaysia’s purchase of the Scorpene submarines and the brutal murder of Mongolian citizen Altantuya Shaariibuu, has urged the Malaysian Anti-Corruption Commission to launch a probe following an explosive revelation involving the prime minister.

Earlier, Suaram revealed that French public prosecutors had evidence in the form of a fax page dated June 1, 2001, in which Najib Razak, the then Defence minister, sought a payment of US$1 billion for Perimekar, a company owned by Abdul Razak Baginda.

Razak had been acquitted of a charge of murdering Altantuya, with whom he said he had an affair.

It was claimed that Altantuya’s murder had to do with unpaid kickbacks owed to her from the Scorpene deal. This, according to a private detective hired by Razak, was said to be the reason why Altantuya had been hounding Razak at his office in the days leading to her brutal murder, before she was bungled up into a car by policemen closely linked to the prime minister’s security apparatus.

In the fax, sent from Francois Dupont, the Malaysian representative for French-based security provider Thales Asia International, to D Arnaud, Najib was mentioned as requesting the money as a condition for a meeting in July 2001.

The document is one of 153 documents seized in May 2010 by French police from the office of Henri Gide, an officer for Thales.

The document is said to contain a chronology of visits and action items for Dupont during his visit to Malaysia, which included “meetings with the Ministry of Defence and the management members of Perimekar”.

Suaram said the MACC must launch an immediate investigation into the French prosecutors’ revelation and urged the government to cooperate with the French inquiry.

Suaram also called on the Defence ministry to come clean in Parliament on the alleged commissions paid as well as companies involved in the submarine purchase scandal.

3 May 2012

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Malaysiakini

Waran tangkap antarabangsa boleh dikeluarkan oleh hakim Perancis jika saksi enggan membantu sesuatu siasatan selepas sepina dikeluarkan.

Menurut peguam Perancis, Joseph Breham (kanan), yang mewakili NGO Malaysia, Suaram, dalam aduan awam berhubung dakwaan
membabitkan sogokan jutaan ringgit dalam urusniaga pembelian senjata, “amaran merah” boleh dihantar kepada Interpol sebagai langkah terakhir.

“Jika saksi itu enggan mematuhi sepina tersebut, mahkamah boleh mengeluarkan notis mandat d’amener, memaksa saksi hadir di mahkamah. Jika saksi (masih) tidak mahu mematuhinya, maka waran tangkap boleh dikeluarkan.

“Waran tangkap berkenaan berkuatkuasa dalam wilayah Perancis, dan mungkin diantarabangsakan, jika hakim merasakannya perlu.”

Bulan lepas, Menteri Pertahanan Datuk Seri Ahmad Zahid Hamidi berkata beliau atau sesiapa sahaja dari kementeriannya, tidak akan membantu siasatan di Perancis itu.

Zahid dinamakan dalam senarai tujuh orang saksi yang dicadangkan oleh Suaram, yang telah diterima oleh hakim siasatan Perancis, Roger Le Loire.

3 May 2012

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Malaysiakini

An international arrest warrant can be issued by a French judge if a witness refuses to assist in an inquiry following the issuance of a subpoena.

According to French lawyer Joseph Breham (right), who is acting on behalf of Malaysian NGO Suaram on the civil complaint on the multi-million ringgit arms kickbacks, a “red alert” can be sent to Interpol as a last resort.

“If the witness refuses to abide by the subpoena, the court can issue a notice mandat d’amener, compelling the witness to appear before it. If the witness (still) fails to oblige, a warrant of arrest may be issued.

“The warrant of arrest is applicable within the French territory, and may be internationalised, if the judge deems it necessary.”

Last month, Defence Minister Ahmad Zahid Hamidi said neither he nor anyone from his ministry would assist in the French inquiry.

Zahid was named in the list of seven witnesses proposed by Suaram, which was accepted by French investigating judge Roger Le Loire.

However, this does not mean that all seven witnesses, including Prime Minister Najib Abdul Razak and his associate Abdul Razak Baginda will be subpoenaed by the inquiry.

Criminal charges soon

The judge is currently in the process of issuing subpoenas.

“The judge did indicate that Abdul Razak Baginda is a key person (in the case),” Suaram director Cynthia Gabriel (left) told a press conference today.

Reading out Breham’s explanation to media, Suaram activist and lawyer Fadiah Nadwa Fikri added Breham was also informed that criminal charges will be brought upon those involved in the kickbacks.

Fadiah said that French prosecutors told Suaram’s lawyers that it is about to conclude criminal investigations, separate to Suaram’s complaint, on the same matter.

“The civil case has given birth to a criminal investigation. The prosecutors have told our lawyers that criminal charges will be brought soon,” she said, although it is unclear who will be charged and when.

The scandal involving DCN is also linked to prominent French politicians.

25 April 2012

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Malaysiakini

Mahkamah Tinggi Kuala Lumpur menuntut penjelasan lanjut daripada Menteri Dalam Negeri Datuk Seri Hishammuddin Hussein yang mengisytiharkan gabungan proreformasi pilihan raya BERSIH 2.0 sebagai pertubuhan tidak sah tahun lalu.

Hishammuddin (kanan) kemudiannya bertukar pendirian apabila membenarkan BERSIH 3.0 atas alasan ia bukan ancaman kepada keselamatan, berbeza dengan keadaan sebelum 9 Julai apabila perhimpunan seumpamanya dianjurkan.

Hakim Datuk Rohana Yusof meminta penjelasan itu daripada hakim kanan persekutuan Azizan Md Arshad dan mengarahkan menteri berkenaan supaya memfailkan afidavit berhubung perkara itu sebelum 10 Mei.

Rohana akan menyampaikan keputusan terhadap permintaan BERSIH pada 15 Mei untuk memeriksa balas Hishammuddin dan Ketua Polis Negara Tan Sri Ismail Omar, dan untuk mendapatkan 1,706 laporan polis yang difailkan terhadapnya sebelum perhimpunan tahun lalu.

Peguam Aston Paiva, yang mewakili BERSIH dalam mencabar pengharaman kerajaan, memberitahu perkara itu kepada pemberita selepas beliau dan Azizan bertemu hakim di kamar.

20 April 2012

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Malaysia Chronicle

19th October 2006 is a day for Malaysians to take note of as it was when an innocent and allegedly pregnant woman was brutally murdered by 2 faceless murderers who are now facing a death sentence meted out on 9th April 2009.

It has been 3 years and the two former bodyguards of Prime Minister Najib Razak are still alive and kicking. Chief Inspector Azilah Hadri, 30 and Corporal Sirul Azhar Umar, 35, are the two culprits locked up in the death row at Sungei Buloh prison. Though most Malaysians believe they pulled the trigger, the question remains – who ordered them to pull the trigger and gave them money for it?

Over in Paris, a court case is offering a glimmer of hope for redemption against the crass injustice shown by Malaysian authorities, who have stubbornly shut the door tight on the truth to protect the ‘powers that be’. Apart from the two cops, no one else is ‘touchable’ – from Najib himself to his wife Rosmah Mansor to his good friend Razak Baginda.

So, it is in France that Altantuya may at last get some justice from her Malaysian tormentor. It is a great irony indeed.

Blow the whistle on what’s really happening to Azhar and Sirul

In Sungei Buloh, how Najib’s former two bodyguards are really being treated is of great curiosity to their countrymen. Are they being given ‘perks’ such as being ‘free’ to walk out of jail to visit family and friends – just like the infamous Abdullah Ang case in Kajang prison?

One reason why there is such suspicion is the way the police behaved. They took extraordinary care to make sure these two men remained faceless right through the proceedings by allowing them to wear all sorts of ski masks and facial ‘vests’. Why? To shield their identity, of course! Why? Was it for a major cover up? It is indeed more likely than not.

After all, where else in the world are murderers given such extreme privilege to cover their identities. Malaysians say it makes them fume and hate the Attorney-General’s Chambers even more for turning their country’s High Court into a jester’s place.

If this is so, the Malaysian public should take steps to unmask the two murderers. Given the nature of their previous jobs as cops, they would have met a wide circle of people. There are many of you out there who have been in contact with these men in one way or other, either as friends, colleagues or classmates. Even the honest officers at the Prison, please blow the whistle. Please reveal the truth for the sake of Malaysia.

Upload some pictures on the Internet of these two despicable characters so that people can recognize them when they ‘walk out’ from prison to enjoy their freedom while Altantuya’s ashes stay on the K-I-V shelf in some authority’s office.

Given the way the trial was orchestrated by the Attorney General’s Chambers, no one will be surprised if the two men plus their masters go scot-free. But the last pleading cry of Altantuya’s ghost will always haunt them till they die. Their children will carry the ‘sins of the fathers’ for a lifetime. Is it worth it?

159 days of sham trial

Malaysians sat through the 159 days of sham trial, where the guilty and the accomplices were released without their witnesses being called. It was a trial where the court drama upstaged the verdict.

People who had absolute reasons to be charged were acquitted. Who can forget private investigator P Balasubramaniam’s Statutory Declaration? It was clear Najib’s close friend and aide Abdul Razak Baginda played a pivotal role in this saga.

Who was the mastermind of the murder? Can it just be Baginda, or were the real culprits his bosses? Can we ever forget the time when Baginda’s wife blurted angrily “My husband is not the one who wants to be Prime Minister”?.

These mysteries are jewels that will adorn the ghost of Altantuya until justice is served and her spirit freed to roam with God. And that can only be when there is a regime change, for a Malaysia under the current federal government would only get more corrupt and daring as its leaders escape time and time again for their crimes.

The agony of Altantuya’s father who wanted to give his daughter’s ashes a final burial must not be delayed any further. Dr Setev Shaariibuu and his family have already waited far too long, almost 3 years after her death due to an overly-delayed appeal process. Her remains are kept with the High Court as exhibits and the container is gathering dust. How long more do they want to keep her there?

This does not bode well for our Judiciary, which is controlled by one man, the Attorney General who in turn is controlled by several top men in Umno.

In France, trial begins and Najib and Zahid are on the witness list

They say the guilty will always fear. But why the fear when they all know that the ghost of Altantuya will not rest until justice is done. Setev’s recent visit to Malaysia and the interview he gave after offering himself as a witness in the Scorpene corruption case in France was an eye-opener.

His testimony directly implicating Prime Minister Najib Razak will “connect the dots” between his daughter’s murder and the bribery that allegedly took place in the acquisition of the submarines.

Human rights NGO Suaram has just a day ago successfully argued for its witness statement to be accepted before investigative judge Roger Le Loire in the Paris tribunal Grande Instance.

This means that the French court not only agreed that there was a need for a judicial investigation into the RM7 billion Scorpenes purchase but the judge also accepted Suaram’s proposed list of potential witnesses.

Guess who are on that red-hot list of witnesses – Najib and the current Defence minister, Ahmad Zahid Hamidi!

Malaysian Parliament failed their own citizens

“We told them we were filing the case because the Malaysian Parliament had failed to provide answers that we sought involving the purchase of the submarines,” said Suaram director Cynthia Gabriel.

“We also mentioned that we were unable to seek answers to the murder of Mongolian national Altantuya Shaariibuu and the failure of the Malaysian Anti-Corruption Commission to investigate our complaints.”

According to Suaram lawyer Joseph Breham, the investigations on the French side have so far provided sufficient evidence to suspect that ‘specific’ Malaysian officials did take ‘bribes’ or kickbacks from Scorpenes vendor DCN – which is illegal under the French law.

“For us to arrive at this stage of the hearing is a gigantic step in the pursuit of the Scorpene’s commissions,” said Breham.

No fury like Altantuya’s

So, in raking through these details will be the resurrection of Altantuya, and she – through her father’s recollection – will personally avenge her brutal murder.

Of course, this will send shivers down to the spines of Najib and his wife Rosmah Mansor. Yes, the cat is out of the bag. The ‘first’ couple have already sent their lawyer off to Paris to look after their interest.

And it is wise they hurry to consolidate their position by whatever means they can because “Hell hath no fury like a resurrected Altantuya.”

20 April 2012

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Malaysiakini

NGO hak asasi manusia Suara Rakyat Malaysia (Suaram) semalam berjaya dalam hujahnya di depan hakim Roger Le Loire di tribunal Grande Instance Paris supaya kenyataan saksinya diterima.

Suaram pada 2010 memfailkan kes terhadap gergasi pertahanan Perancis DCNS atas dakwaan membayar komisyen secara tidak sah kepada pegawai tertinggi Malaysia dalam penjualan dua kapal semalam Scorpene kepada kerajaan Malaysia pada 2002.

Pengarah Suaram Kua Kia Soon, anggota sekretariat Cynthia Gabriel dan peguam Fadiah Nadwa Fikri berhujah di hadapan hakim dalam sesi tiga jam di Perancis yang berakhir pada jam 6 petang (waktu Perancis).

Peguam Perancis William Bourdon and Joseph Breham bertindak bagi pihak Suaram.

Ketika dihubungi, Gabriel berkata, pasukan meeka berjaya membentangkan kepada hakim Le Loire – satu daripada dua hakim siasatan dalam kes itu – yang menerima kenyataan mereka berhubung kenapa inkuiri mesti dibuat terdapat dakwaan sogokan itu.

Katanya, hakim menerima cadangan senarai saksi berpotensi yang dikemukakan Suaram, termasuk Perdana Menteri Datuk Seri Najib Razak dan Menteri Pertahanan Datuk Seri Ahmad Zahid Hamidi.

Gabriel berkata, pendengaran itu bagi mengesahkan aduan dan menetapkan keperluan untuk membuat siasatan kehakiman terhadap bayaran RM7.3 bilion yang berlaku ketika Najib menjadi menteri pertahanan.

“Kami beritahu mereka, kami failkan kes ini kerana Parlimen Malaysia gagal memberikan jawatan yang kami mahu berhubung pembelian kapal selam,” kata Gabriel kepada Malaysiakini.

“Kami juga menyebut bahawa kami tidak dapat mencari jawapan berhubung pembunuhan warganegara Mongolia Altantuya Shaariibu dan kegagalan Suruhanjaya Pencegahan Rasuan Malaysia (SPRM) untuk menyiasat aduan kami,” tegasnya

19 April 2012

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Speech by Anwar Ibrahim at the Economist’s CEO Lunch meet, APRIL 19, 2012 at the KL Hilton

In a collection of Greek and Latin proverbs compiled by the Renaissance humanist and philosopher Erasmus, known as Adagia, we are told: Multa cadunt inter calicem supremaque labra.

Not to worry, because for the life of me, I too haven’t the foggiest idea what it means.

But after doing some checking, this is just the Latin version of an old English proverb many of us are familiar with. It goes like this: “There’s many a slip between the cup and the lip”. In other words, even when the outcome of an event looks certain, things can and do go wrong.

That proverb could also be a convenient excuse when we don’t fulfill our promises, especially if we have made grand pronouncements about great changes to come. Well, I think you know where I’m heading here but just to add on to the drama, let me throw in another quote. For this, T.S. Eliot is the master:

Between the idea
And the reality
Between the motion
And the act
Falls the Shadow…

Now, this is no ordinary shadow but a long drawn veil of different shades of darkness.

But seriously, I am saying this because today more than ever before we are living in a world dominated by sense perception. A world where sound bites, boiler plate pronouncements and state-of-the-art mass media image-building take the place of sincere and straightforward expressions of truth.

In this regard, we have been treated to a barrage of promising reforms, which look very good on paper and even more impressive through media campaigns which cost millions of ringgit of the tax payers’ money. And this is money spent without any regard to accountability.

Indeed when it comes to promises, we have an embarrassment of riches. Firstly there is the overkill of sound bites such as the NEM, the GTP, the ETP, and the list goes on. They may all sound different but as you know, they are essentially cosmetic variations of the same stale approach to economic management.

But first let us look at the political and legal reforms which have been touted to have ushered in a new era of freedom and democracy for the nation.

To begin with, as you know the ISA is supposed to have been abolished just over the weekend. But even before we could give it a decent burial, the powers that be have already resurrected it from the grave. They’ve given it a different name of course, but we know that a bad law by any other name will still smell as bad.

Much has already been said by all concerned parties about the erosion of our fundamental rights and freedom, and that this new law is akin to taking away the powers of the police from their right pocket only to put it back into their left pocket. Suffice it to add that with the passing of this new repressive law, the stench of oppression still permeates the air and the Sword of Damocles still hangs over our heads.

Let me now share some thoughts with you on our social and economic policy road map which is encapsulated in the Pakatan Rakyat’s Orange Book. Firstly, this policy is founded on a new social contract between the government and the people. In the event of a transition to power, we pledge to introduce sweeping reforms.

We want to establish a real democracy to reflect and empower the supremacy of the people. We want to build a dynamic and sustainable economy to provide prosperity to all. The drivers for growth will be essentially led by the private sector. But this will not be crony capitalism driven by a philosophy of greed. It will be free market capitalism with a humane face. This is not an ideal in the clouds but a reality that can be achieved because we will be guided by the principles of social justice.

We will continue the practice of transparent and responsible government as currently done by Pakatan Rakyat states. We will free the nation’s institutions from the undue influence of politics and restore them to their past glory. The Judiciary has been savaged by the UMNO/BN Executive. We pledge to stop the political meddling in judicial proceedings and restore its independence and competency.

Other national institutions of government must be reformed: the Election Commission, the MACC, the AG’s Chambers and the Police – these are essential institutions to ensure the rule of law. They work for the people, not the political masters. They must be transparent and accountable. (more…)

18 April 2012

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Malaysiakini

Peguam terkemuka Datuk Seri Muhammad Shafee Abdullah didakwa dilantik oleh Perdana Menteri Datuk Seri Najib Razak dan isterinya Datin Seri Rosmah Mansor untuk tugasan sulit di luar negara daripada 2 hingga 25 April.

Dalam satu surat bertarikh 23 Mac, beliau dikatakan memohon kepada ketua hakim negara, presiden Mahkamah Rayuan dan hakim besar Malaya – dengan salinan kepada Najib dan Rosmah – supaya semua kesnya antara tarikh itu dikosongkan.

Sebahagian kandungan surat itu didedahkan di Dewan Rakyat oleh Datuk Saifuddin Nasution (PKR-Machang) semasa membahaskan Rang Undang-undang Kanun Keseksaan 2012 semalam.

Saifuddin ketika membacakan surat itu mendakwa, Shafee dilantik bagi pihak kerajaan Malaysia, terutamanya Najib dan isteri, untuk menjalankan tugas perundangan sensitif di luar negara yang mesti diselesaikan sebelum pilihan raya umum.

Shafee juga akan menjelajah tiga negara – New York, London dan Dubai – dan kemungkinan juga Paris dan akan terlibat dalam persediaan perundangan intensif, seperti berunding dengan pelbagai pihak serta saksi mereka, dakwa Saifuddin lagi.

Selain itu Shafee juga akan ditugaskan untuk merangka tuntutan dan afidavit serta dan mewawancara saksi yang berada di New York, London, Paris dan Basel (Switzerland), dakwanya.

Tugasan Shafee itu didakwa mempunyai kaitan dengan siasatan oleh kerajaan Perancis terhadap dakwaan rasuah dalam pembelian kapal selam Scorpene oleh kerajaan Malaysia, yang sekali gus dijangka menyentuh kes pembunuhan penterjemah Mongolia Altantuya Sharibuu, enam tahun lalu.

Menteri di Jabatan Perdana Menteri Datuk Seri Mohd Nazri Abdul Aziz dalam reaksi segera berkata beliau tidak dapat mengulas isu isu sehingga kesahihan surat yang didedahkan disahkan terlebih dahulu.

16 April 2012

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Pendapat Anda?

From Asia 360 News

How does a Muslim village boy who faithfully attends Quran classes and goes home to the works of Lao Tzu and Confucius, grow up to view the world — and his country? The scope of Dato Seri Anwar Ibrahim’s worldview is matched by the breadth of his political ambitions. Having risen from the ashes, the leader of Malaysia’s opposition is raring to prove his mettle at the upcoming elections.

Asia360 News editor-in-chief Goh Chien Yen caught up with Anwar Ibrahim in an exclusive interview at the Houses of Parliament, to discuss how exactly the firebrand politician plans to do that.

Asia360 News: There is a lot of talk about the general elections being round the corner. Some predict that they could be held as early as June this year. When do you think it will be?

Dato Seri Anwar Ibrahim: I don’t know. I’m not particularly good at speculating. But the incessant attacks in the UMNO media on the opposition and their rosy coverage of [Malaysian Prime Minister] Najib’s movements, which you see virtually every day, is a sure sign of the imminent elections.

Q: Is the timing good for UMNO to call for an election soon?

AI: I don’t think the timing is actually good for UMNO. You see, they have downplayed UMNO as a party. They are projecting Najib, to show that he’s trying to do his level best. Relying solely on him, however, is to acknowledge the fact that there are strong sentiments against UMNO and the Barisan Nasional coalition. The other component parties that used to play a major role — MCA (Malaysian Chinese Association) and the MIC (Malaysian Indian Congress) particularly — are completely sidelined. I don’t believe they’re that confident.

Q: And the timing is good for the opposition, for Pakatan Rakyat? What’s your plan for the upcoming election in order to boost your chances of getting into the government?

AI: Well, we’re working very hard under the circumstances. We have at least been able to present ourselves as a formidable force, a team, and I think that has helped. Unlike Najib, they’re projecting him, but we always appear — the three party leaders [of the opposition coalition] — together. Then, there’s a clear common platform from Buku Jingga, the Orange Book, and on some issues we presented at the recent Pakatan Rakyat Convention. The good thing is that we’ve been working very hard on those issues. We presented the case not only as an alternative government, but with clear policies laid out.

Q: So what are some of these clear policies from an economic standpoint? The Malaysian economy seems to be doing quite well, registering about 5% growth for 2011 despite the global slowdown. What can you do differently or do better on the economic front?

AI: We are of course for market economics and market reforms, but to us, governance is central. Price hikes here are mainly due to monopoly. Rice and sugar are the monopoly of a few select companies controlled by family members of cronies. We believe that if things are done in a transparent manner and proper procurement policies, tender process, then we can minimally reduce some of these problems.

And this figure, the 5% growth, does not really resonate with the masses. Unlike our neighbouring countries, we’re a net exporter of petroleum; the revenue rests comfortably with this huge income resource.

I don’t think we have much of an issue with infrastructure, or economic growth. People tend to compare us with mostly developing economies. But I would always say that we should be compared with Singapore, Taiwan and South Korea, and not Myanmar and Bangladesh. But what is more important in terms of economic policies is that we have the capacity to move forward at a faster pace and to improve, radically shift and substantially improve the quality of education.

Q: So these are what you see as the immediate challenges if you were to get into power. What would your priorities be in your first 100 days in office?

AI: We need to make sure and be clear that it is not a race-based politics, number one. Number two, the issue of governance. If an observer looks at the growth figures, they know what is lost to corruption.

Q: If the opposition comes into power, Malaysia will be faced with an unprecedented situation of UMNO not being in government. How would others such as the judiciary, military and the monarchy react to this new political state of affairs?

AI: This issue is probably relevant much earlier. In 1969, it was a race question. The opposition was seen to be an attack on the Malays. It is not necessarily right; I’m talking about perceptions here. By 2008, we [the opposition] controlled five states — this is not a concern anymore. We are talking about an UMNO-dominated government versus the opposition, which is also Malay-led, so you can’t use this race card. Also now that we have been in government at the state level for some years, our interactions with the military, the police, has been deeper, and also with the sultans.

Q: So you think Malaysia is ready to move further away from race-based politics that have dominated the political scene for so long?

AI: If you look at the 2000 elections, it’s clearly a departure. It’s been quite clear since 2007. Some critics painted the picture that that if we do take over, it will be like a stooge to the Chinese. It has been used by Mahathir [the former prime minister] against me and it was used by Najib against me. He had publicly said that I will be a stooge of the Chinese, particularly the DAP (Democratic Action Party). My style has never been to be apologetic. Why can’t I be used by the Chinese and the Malays and the Indians, for the good of this country? Instead of just denying, “No, I will not.” Although this has been a major campaign in rural areas about the insecurity of the Malays, I think it’s over. People finally want to know about the future, their welfare. You go to the Penang Malays, it’s not whether a Chinese is chief minister, it is about their housing, about access to credit, which are their concerns. So we’ll have to address these issues.

Q: What are the challenges for Malaysia as it modernises while remaining faithful to its religious and cultural heritage? Do you see a balance that could be struck or will it always be a source of tension?

AI: We have been able to navigate this successfully, maintaining our posture as a tolerant, moderate, Muslim society. The so-called contentious religious issues were not raised by religious scholars but were purely a political ploy. After all, this race card, religion card are all inculcating a climate of fear. What they want to hear is what you have to offer in terms of concrete policies. If and when we do take over, then the constitutional guarantees and framework will be made on the issues of language and religion, which I think is clearly acceptable to Muslims and non-Muslims in this country. But, having said that, I wouldn’t want to discredit the fact that it would still continue. Look at the UMNO media; it’s a daily dosage of Christians versus Malays, so they may attempt to send this message through their incessant propaganda efforts to the rural heartlands.

Q: You’ve been scandalised, beaten, stripped of your title and thrown into jail. What keeps you going?

AI: I’m just plain crazy!

Q: Where do you draw your inspiration?

AI: I’m not crazy; I was just quoting Mandela. After I was released, he invited me, Azizan and the children to visit him. So we went to Johannesburg, because he wasn’t doing too well. He was very apologetic, he said, “Anwar, I’m sorry we’re not able to do much.” I said, “Look, you did your best.” He had immense influence and he was successful in even getting me out of the country for treatment in Johannesburg. He said: “People like us, people say we’re mad, we’re crazy.” Then I intercepted and said to him, “Mad, for sure we are not, but crazy, yes.” But I don’t know. I’m grateful for my parents, they were quite idealistic, my late mum and my father.

Others have asked me how I see Mahathir now, and I spent the first 20 minutes talking about the nice time I had with him. They said, “No, please be serious.” I said, “I am!” That’s a wonderful thing to have. Of course I get angry, I counter his arguments, rebut very strongly, in some ways despise his hypocrisy, the gross injustice, but I wouldn’t deny the positive contributions he made. But the destruction of the institutions of government, that’s unforgivable. Personally, I’m okay, I moved on, but the judiciary, media, the police force, parliament, were all relegated to becoming inconsequential.

Q: Speaking of your relationship with Mahathir, do you have any regrets in the sense that perhaps things could have been done differently? After all, you were the heir-apparent. You were the deputy prime minister, slated to become the next leader.

AI: Oh, I thought about that a lot. You have to remember, I was in prison, so what do you do? Meditate, read and think. And sing, I sing quite a bit too. You do, you reflect, but then it was mutual, he was kind to me and I was exceedingly kind and loyal to him. It was a very difficult period but I don’t think I had much option towards the end. In fact, I’ve always said to my more critical friends that I have absolved myself. After all, we were part of the government. Some of the decisions were bitter, but we needed to draw the line. Things like bailouts, things like the corruption reports against ministers, already on your table, and for you to say “not to do anything”… you have to bring it up! But people say you could have compromised, some friends did say that. But then you would have transgressed the boundary. If or when you do take over, how do you then rationalise with the public what you’ve done? If it’s done by the prime minister, well there’s not much I can do. But if it is condoned by you, you have a problem. So, do I regret it? No. Was it difficult? Yes. Do I think I had other options? No, except to resign early, to die a fighter.

Q: You’re also a man of ideas. It was about 17 years ago when you wrote the book “Asian Renaissance”. A lot has happened since. Asia is on the rise. Do you think what you described as renaissance is happening now? And where do you see Malaysia in this emerging Asia?

AI: That book became quite contentious because people close to Mahathir thought we were clearly parting ways. Secondly, the central idea of economics empowerment is critical, but not everything, that’s why I talked about renaissance, cultural empowerment, I talked about freedom, and justice. And I think there was a flaw in the thinking at that time of these economic gurus: prescriptions by the World Bank, the IMF about the East Asian economic miracle, and so forth. They didn’t talk about disparity, the marginalised, the poor, whether the judiciary is independent or not, or if the media’s free. To them ‘the miracle’ was in terms of a limited notion of economics and power. I hold very dearly the thesis I presented in that book. That’s why I used the term ‘renaissance’.

Q: Do you think this is happening now? There have been some changes. Indonesia has changed and is now a proud democracy. Malaysia has made progress too, slightly more liberal and democratic these days.

AI: I don’t think they’re that liberal — they are forced to be. Look at the parliament proceedings today — a mockery, a joke. But it’s a challenge. Once you are transformed into a relatively vibrant democracy, then you actually allow for space. And that latitude is essential for the mushrooming of ideas. That, to me, is very critical when you talk in terms of economics or cultural empowerment.

That is happening more successfully in Indonesia, the Philippines and Thailand because they are more democratic. Although I wouldn’t want to deny the fact that Indonesia, too, is facing a major problem due to endemic corruption and marginalisation. If the issue of governance is not resolved, people have this suspicion, then whatever policies, however rational or good, will always be suspect. Is it to enrich your cronies or is it really something really essential to the masses? Trust is important.

Q: What would you consider your greatest political achievement to date?

AI: I’ve not achieved much. For now, I’m cementing the three parties together. Fortunately, the leaders of the three parties are like-minded and willing to collaborate for a common agenda. But there is still a long way to go. So we shall see. People say that success means you assume office. It’s not true. Success is when you’re able to deliver. It’s not when you attain the position. That’s I think the wisdom of having been there and being downtrodden. And I think that keeps your sanity and humility. I think that’s important. People think being prime minister is the end, but I don’t think so. I think you should be evaluated and judged. And when you’re able to honour your commitments after you assume office, and remain true to your ideas, that, to me, is a far greater challenge than articulating this ideal in the absence of authority or power. When you’re there, you deal with the realpolitik, with the power play, with the big forces, with the tycoons. If they give you a 10 million dollar ring, what do you do?

Q: There’s a strong moral conviction behind your political action. What keeps you true? What keeps you walking the straight and narrow and not, like you said, being wavered by the 10 million dollar ring or turning your eye away from what you think is not right?

AI: I’m a man of faith; I’m a practicing Muslim. At the same time, I grew up well thanks to my parents. My mother is not English-educated but she’s an avid reader. She virtually read all novels in Malay or in Bahasa Indonesia in those days, the entire collection of Balai Pustaka books. And my dad, we always had these small compendiums of books, from Gandhi to Lao Tzu to Confucius, and it’s interesting. For a Muslim family in a village, with a small library at home, we have that. So you familiarise yourself. I go to Quran class, and following the Nabi (prophet), as an intellectual, you don’t view religion purely from a dogmatic sense but you engage.

Roger Garaudy was a great philosopher, who started off being a Christian in France, then later on became a Muslim. It’s very interesting what he said, unlike a new convert. He said, “I’m blessed, I grew up a Christian, and that’s where I learnt compassion and tolerance. Then I became a Communist, and I had strong empathy and love for the poor and downtrodden. Then I became a Muslim and then I became more universal.” So just because he is a Muslim, the past is no longer relevant? No, the past is what is him. Exactly what Amartya Sen had said. In his book “Identity and Violence”, he said, “I’m an Indian, I memorised Sanskrit at the age of nine and I think it was a great thing, I’m a Hindu and I think we have a great civilisation, but because I’m in India, I think that Muslim moguls have done wonderfully well. But later I became a professor in Cambridge, in Harvard. I think it’s a great institution and I love being here in America and despite the fact that I grew up in Santiniketan, I am a great admirer of Shakespeare. So who am I?” And that is beautiful. I use that a lot. And when you read it and understand it and you see these people talking about Malay supremacy, oh my god, they know nothing. CY & FE