The Barisan Nasional leaders, led by Deputy Prime Minister, Datuk Seri Najib Razak, should stop their truculent and confrontational responses to the Sunday 30,000 Hindraf demonstration in Kuala Lumpur, as illustrated by the following:
- Saber-rattling and tough language like newspaper headlines, “Kerajaan tidak gentar — Perhimpunan Hindraf jelas bermotif politik — Najib” (Utusan Malaysia) and “‘WE WON’T BACK DOWN’ — We will meet the challenge — Najib” (New Straits Times);
- warning of dire action by Umno leaders including the use of Internal Security Act; and
- Condemnation by Barisan Nasional MPs like the MP for Jasin Datuk Mohd Said Yusof branding the Hindraf leaders as “kurang ajar” and demanding action to be taken against them.
Instead of threatening all sorts of dire consequences against the Hindraf organizers and supporters, the Cabinet should offer an olive branch to acknowledge the legitimacy of the long-standing grievances of the Indian community at becoming the most marginalized group after 50 years of Merdeka by taking the following measures:
- Unconditional release of all 136 Hindraf supporters arrested during Sunday’s demonstration;
- Withdraw all charges and proceedings against Hindraf organizers, including P. Uthayakumar, P. Waytha Moorthy and V. Ganabatirau.
- Establish a commission of inquiry into the police handling of the Hindraf demonstration on Sunday;
- Support the establishment of a parliamentary select committee on the marginalization of the Indian community which should be given three months to submit its first report by early March next year.
In my first parliamentary speech when I returned to Parliament after the 2004 general election, I had called for a Parliamentary Select Committee on the Marginalisation of the Malaysian Indian community, the new underclass in the country.
I had quoted the paper “Election 2004: New Politics for Indian Malaysians” presented by “Group of Concerned Citizens” which had summarized nine long-standing fundamental issues faced by Indian Malaysians, as proper agenda to constitute the terms of reference of the Parliamentary Select Committee on the Marginalisation of the Malaysian Indian community, viz:
- The number of Indian youth dying in police custody has increased;
- The socio-economic inequality between the Indian poor and rich and between other communities has worsened;
- The State has not responded effectively in addressing social ills in the community;
- The State policies towards and financial allocation for Tamil schools remains pitiful;
- The University intake policy has been a source of major distress for the community;
- The State has not stepped in to help resolve the MAIKA scandal;
- The Kampung Medan racially-motivated killings have not been brought to a closure. No public inquiry was instituted.
- Low cost housing needs of the Indian poor have not been adequately addressed;
- The negative consequences of the final breakdown of the plantation economy on the Indian rural poor have still not be regulated. Aggressive displacement of Indian Malaysians is a serious problem.
There will now have to be a tenth term of reference — the rampant demolition of Hindu temples and disregard of the religious rights and sensitivities of the Malaysian Indian community.
On June 4, 2004 I had written to the Works Minister and MIC President, Datuk Seri S. Samy Vellu, asking for his support in Cabinet for the establishment of a Parliamentary Select Committee to break the back of the problem of the marginalization of the Indian community, as the Indians in Malaysia had not received commensurate benefits from decades of national development.
Although Samy Vellu expressed support for the proposal for the establishment of a Parliamentary Select Committee on the Marginalisation of the Indian Community when he received my letter, nothing has been heard on the matter in the past three years.
Will the Cabinet heed the “cry of desperation” of the Malaysian Indian community as symbolized by the Hindraf demonstration on Sunday — or will it remain, blind, deaf and mute to the growing sense of despair, disillusionment and alienation of Malaysian Indians?

#1 by AhPek on Wednesday, 28 November 2007 - 3:09 pm
Whilst there might be a difference between black slaves bought and forcibly taken against their will and shipped to work in the cotton fields of America and indentured labour from India who agreed to come to Malaya to work the rubber trees in the British plantation, both of these cases are really that of plain exploitation of human labour.In both cases also the living conditions are downright atrocious.Perhaps in the eyes of the law it can be argued that indentured labour is not exploitative and it’s like in the case of ‘willing buyer and willing seller’.Of course if one were to compare in legal terms, it is fair to say Hindraf’s case of suing the British Government is frivolous.Of course a stronger case would be the case of orang asli and the natives of Sabah and Sarawak if they were to sue the British Government for destroying the demographics of their land by bringing in indentured labour in large numbers to work their tin mines,rubber plantation and oil palm estate and worst still when they left the Reid Commission did not recognise their status in independent Malaya and therefore their interest is totally ignored.Their case if brought out would certainly be more valid.But, undergrad2, your puzzle over the statute of limitations is valid I think.
In the case of a property for example like that of a collapsed bridge
for instance, the statute of limitation for discovered injury or damage to property is generally 3 years I think. The 3 years statute does not begin to run until the plaintiff is aware of the injury and its negligent cause.In the case of native land tenure and native rights I am not too sure whether the statute of limitations apply.I can only venture to say no if I take the example of the maoris of New Zealand.For years the Maoris have been claiming fishing rights over the seas surrounding the country as part of their customary rights.It was only in 1992 the Maoris won their fishing rights thro THE DEED Of SETTLEMENT in the court.Today in New Zealand they are the main player in NZ fisheries and aquaculture industry.
#2 by Jeffrey on Wednesday, 28 November 2007 - 3:21 pm
…//…The 3 years statute does not begin to run until the plaintiff is aware of the injury and its negligent cause…//…AhPek
So can it be said that it starts running from the time Hindraf is aware and being the first to make a demand based on class action to UK for redress of the Indian predicament?
#3 by shortie kiasu on Wednesday, 28 November 2007 - 3:56 pm
It is not only shame on Chan Kong Choy for whatever reason being absent from the scene, more so it is a shame on the bunch of “leaders” at MCA, like the Chinese proverb: ” Tiger head, snake tail (literal translation)”, most aptly described the whole bunch of “leaders” at MCA!
#4 by Jeffrey on Wednesday, 28 November 2007 - 4:07 pm
AhPek, FYI, I was in New Zealand quite recently and learned that the Maoris are not only claiming fishing rights over the seas surrounding the country but the skies above the lands (and possibly the seas) over which they have customary rights, meaning they have first right to take advantage of industry related to telecommunication, satellite and broadband! :)
#5 by AhPek on Wednesday, 28 November 2007 - 4:24 pm
Terrific if that is the case, Jeffrey. I am thrilled to bits to know that! This is an example of how minority should be protected and morally as well as rightfully so because:
(a) Their numbers are exremely small less than 10% of population.If nothing is done they will be swallowed up by the larger population by sheer weight of numbers.
(b) They are weak financially.
(c) they have no political power although there are a fixed number of maori seats given to represent maori interest in Parliment.
(d) they also have no military power.
#6 by AhPek on Wednesday, 28 November 2007 - 6:44 pm
And ,of course, lest I forgot, the Maoris are the first people of New Zealand.For these 5 reasons it is only right that they be protected and I think all Kiwis support this whole heartedly.
In the case of Malaysia the minority and even the orang asli have to protect the MALAYS from being ‘PUPUS’.How laughable???
#7 by undergrad2 on Wednesday, 28 November 2007 - 8:38 pm
“….it is fair to say Hindraf’s case of suing the British Government is frivolous..” AhPek
Unfortunately, the court does not need to address the issue of ‘fairness’ of the lawsuit to find if a case meets the legal definition of a ‘frivolous’ claim. It is an issue over legal merit of the case and whether it is likely to succeed at all.
Interesting observations by AhPek.
#8 by undergrad2 on Wednesday, 28 November 2007 - 8:45 pm
“I wouldn’t worry too much about the statute of limitations..” Godfather
The problem over the statute of limitations could be solved by ‘equitable tolling’. If African Americans could make their case about something which took place over some 150 years ago, what is 50 years?? You might ask. But the HINDRAF suit if filed and when filed faces, in my opinion, major obstacles which make the issue of the statement of limitations almost irrelevant to the outcome.
#9 by cheng on soo on Wednesday, 28 November 2007 - 9:19 pm
get it right hindraf is claiming from Brit. govt, that they (hindu) are badly treated by past n present govt, NOT by Malay, hope no comment from any wise person will make it a racial issue.
v want a better govt for all ! , In multi racial society, wise shall not say anything or do anything (like waving offensive weapon and threaten to soak in other races blood) to cause racial fear / hate against one another, this surely does no good for all !
#10 by ktteokt on Wednesday, 28 November 2007 - 9:27 pm
The announcement by the PM today that the NEP is to be continued indefinitely showed intention of the BN government to continue with their wrong-doings and their stubbornness in listening to the rakyat. After nearly 40 years of implementing the NEP, these group of good-for-nothings still cannot stand on their own feet and need to continue sucking on the “milk bottles”. Its the greatest shame, robbing from the other races just to keep this group of gfn going!!!!!
#11 by shaolin on Wednesday, 28 November 2007 - 11:12 pm
ktteokt & AhPek,
‘Minority Groups and even Orang Asli must Protect ‘The
Malays’ from being PUPUS…!!
[deleted]
#12 by Godfather on Thursday, 29 November 2007 - 12:55 am
Undergrad2:
Can you imagine the government filing a defence based on the statute of limitations ?
#13 by limkamput on Friday, 30 November 2007 - 6:41 pm
///To keep reminding the government the need for good governance to me is a wasted effort./// limkamput
Hear that?? YB Kit.
You’re wasting your time. You should stop blogging. Close shop and retire! You’re also stupid like that Jeffrey.
we are what we repeatedly do. it is confirmed that you are more than stupid.
#14 by limkamput on Friday, 30 November 2007 - 6:45 pm
It is not like those in government today do not know what constitutes good governance and ethical behaviour. Our parents, societal values and religions would have taught us that. To keep reminding the government the need for good governance to me is a wasted effort. this is what i wrote earlier.
I have been in government service (MINDEF) for some twenty plus years and I can confirm that we do understand. So please do not hurl insults at our intelligence. this was your comment.
I suggest you go for grade one english class first before you come here.
#15 by limkamput on Friday, 30 November 2007 - 6:49 pm
The world has changed??? Which hole did you crawl out from?
colonel
Hello colonel, i think others have helped me to answer you. Colonel my foot. You are not even qualified to be private.