In the Permatang Pauh parliamentary by-election in August 2008, the Bukit Bendera Umno chief Datuk Ahmad Ismail referred to the Malaysian Chinese as pendatang, orang tumpang and totally untrustworthy Malaysians.
In February this year, the special officer to the Prime Minister, Datuk Nasir Safar labeled Indians and Chinese in Malaysia as “pendatang”, and added insult to injury in declaring that “Indians came to Malaysia as beggars and Chinese especially women came to sell their bodies”.
Last Thursday, at the launch of the Merdeka celebrations of Sekolah Menengah Kebangsaan Tunku Abdul Rahman Putra, Kulai, the school principal Hajah Siti Inshah binti Mansor said: “Pelajar-pelajar Cina tidak diperlukan dan boleh balik ke China ataupun Sekolah Foon Yew. Bagi pelajar India, tali sembahyang yang diikat di pergelangan tangan dan leher pelajar nampak seakan anjing dan hanya anjing akan mengikat seperti itu.”
The severest disciplinary action must be taken against Siti Inshah, who is clearly unfit to be in the education service of a multi-racial society like Malaysia let alone a school principal – going against the very precepts of the 1Malaysia policy enunciated by the Prime Minister, Datuk Seri Najib Razak since April last year.
But what defies the imagination is that Siti Inshah could make such a derogatory, offensive, insensitive and racist statement at an occasion to launch the school’s National Day celebrations.
The theme of this year’s Merdeka celebrations is “1Malaysia Transforms the Nation”.
But how meaningful is Najib’s 1Malaysia when school principals like Siti Inshah could show utter contempt for Malaysia’s most important and richest asset – a model of ethnic, cultural and biological diversity?
The Ahmad Ismail-Nasir Safar-Siti Inshah incidents are a collective indictment of the failure of the processs of Malaysian nation-building 53 years after Merdeka, bearing testimony as to how apt was the theme of the recent speech of Umno veteran, Tengku Razaleigh Hamzah – “We were once Malaysians!”
As Razaleigh rightly reminisced, the heroes of schoolchildren in the 1970s were Soh Chin Aun, R. Arumugam, Isa Bakar, Santokh Singh, James Wong and Mokhtar Dahari – rising completely above race.
The Ahmad Ismail-Nasir Safar-Siti Inshah incidents would have been completely unthinkable in the early decades of national independence as nobody would have thought it possible that a school principal would make the derogatory, offensive, insensitive and racist statements like the one that was made in the Kulai secondary school last Thursday.
What has gone wrong with Malaysian nation-building, 53 years after Merdeka and 47 years after the formation of Malaysia?
This is what should concern the Prime Minister and the Cabinet.
It is clear that the Ahmad Ismail-Nasir Safar-Siti Inshah episodes are not isolated incidents but reflects a deeper national malady contributed no doubt by the communal brain-washings perpetrated by Biro Tata Negara over the decades.
If Najib’s 1Malaysia policy is to have real meaning, Siti Inshah should not only be removed from the education service, there should be no place in the public service for other Siti Inshahs.
This is a task the Cabinet tomorrow should put on top of its agenda. Are the Barisan Nasional Ministers equal to the challenge?
#1 by Godfather on Tuesday, 17 August 2010 - 1:10 pm
Promotion for Siti Anshah. She will be made the next BTN director.
#2 by Godfather on Tuesday, 17 August 2010 - 1:21 pm
The Education Minister, Tan Sri Muhyiddin Yasin today jumped to the defence of embattled school headmistress Siti Anshah Mansor, currently facing allegations of making racist remarks at a school assembly.
“Siti Anshah’s remarks were taken out of context. In fact, the students of the school were rather poor in Bahasa, so they probably heard wrongly or did not fully grasp the message that she was trying to bring to the audience. Siti Anshah wanted to promote harmony in line with 1Malaysia, so she said that the Chinese students should use Bahasa when in school, and not Mandarin or dialects. If the Chinese students insist on using Mandarin or dialects in a sekolah kebangsaan, then they might as well attend a Chinese school. That seems reasonable as we are not stopping anyone from moving to other schools. As to Siti Anshah’s comments on Indians, it was also taken out of context. All she said was that she did not want students to come to school adorned with religious trappings. I don’t think she used to work “anjing” at all” said Muhyiddin.
Muhyiddin added that action will be taken to quell the discontent voiced by many parents. “I will transfer Siti Anshah to an urban school as headmistress. Hopefully in a more urban, savvy and more literate environment, Siti Anshah’s desire to promote 1Malaysia will bear fruit and will be better understood by all races.”
– The China Daily
#3 by frankyapp on Tuesday, 17 August 2010 - 1:25 pm
In addition I think she’s a betrayer of her own race,her religion, her king.all malaysian and country. OMG what a spoiler she is,to say such irresponsible remarks against her own chinese and indian students who are all malaysian at a time when all malaysians are to celebrate the national day in a forthnight time. Where is she now,did the eduaction DG already repermand her and has the DPM/MOE ever said anything about her and her remarks ? Did anyone or someone from the opposition has made a police report against her ? How come Tpua receive 20+ police report by just suggesting the dropping of the 7% discount for houses reserved for bumis whereas this lady or idiot school principal said such derogatory racial remarks still remain like a kind of an untouchable ?
#4 by cemerlang on Tuesday, 17 August 2010 - 1:25 pm
No Little Napoleons. Puan kah, Cik kah Siti Insaf, should be transferred to an all Chineses’ school with an all Chinese teachers’ team or an all Indians’ school with an all Indian teachers’ team, under promotion. She makes it this far in her professional teaching career and she must worth something to the government. Make her still worthy. In fact much more worthy. Human beings make mistakes. Therefore forgive her and let her change. If God gives her a chance, why not human beings ? If God loves her, she must learn to love in return.
#5 by k1980 on Tuesday, 17 August 2010 - 1:39 pm
//Siti Anshah’s remarks were taken out of context.//
Ahmad Ismail’s pendatang claims were also “taken out of context”.
Nasir Safar’s pelacur claims were also “taken out of context”.
Whenever someone of unmo farts through the mouth, the words are defended as “taken out of context”.
#6 by HJ Angus on Tuesday, 17 August 2010 - 1:41 pm
We should take the DPM out of context in the next GE.
Guess he’s too scared to alienate the thousands of teachers.
#7 by artemisios on Tuesday, 17 August 2010 - 2:01 pm
DISGUSTING
there’s no other way to describe this person. Chinese, Indians, Malays, all feel disgusted by her remarks.
INSULTING
Insulting the rakyat’s intelligence that is – defending this little napoleon with such a stupid, long, and unrelated arguments.
#8 by cintanegara on Tuesday, 17 August 2010 - 2:08 pm
What would DAP reaction be if it happened the other way around? Minority ethnic teacher offended majority ethnic students.
#9 by k1980 on Tuesday, 17 August 2010 - 2:12 pm
This teacher, Mohd Hamzan, testified that the burns sustained by the 2 brothers who burnt down the KL church were suffered at his barbecue party.
The judge found this witness unreliable, and had dismissed his evidence. The 2 brothers were sentenced to 5 years each in jail for arson.
However the above teacher who committed perjury escaped without any punishment. Why wasn’t he charged for lying in court?
#10 by Jong on Tuesday, 17 August 2010 - 2:19 pm
Will those teachers prsent at the
Sekolah Menengah Kebangsaan Tunku Abdul Rahman Putra, Kulai launch of merdeka celebration and heard Siti Inshah’s speech, please be brave, step forward and speak up?
Has any police report been made against this offensive despicable racist?
#11 by artemisios on Tuesday, 17 August 2010 - 2:25 pm
cintanegara.
The answer to your question is a no brainer. & FACTS are everywhere, proving that DAP has consistently fought for 1Malaysia & defended all M’sians regardless of ethnicity.
in many cases one would be seen as being crafty & smart by asking a question of such tone.
But in this case…… well… let’s just say reading 200 books is good…. but one’s got to get out more often.
#12 by Godfather on Tuesday, 17 August 2010 - 2:48 pm
Earlier today, Ibrahim Ali, head of NGO Perkasa, also waded into the furor surrounding Siti Anshah Mansor. Ibrahim said that Siti Anshah is a patriot and a defender of Malay rights.
“Apa lagi orang kaum lain mahu ?” Ibrahim thundered. “Sekolah kebangsaan means everyone must use the national language. Kalau u nak pakai Tionghua, pergi lah sekolah Tionghua.”
When the shadow of the rambutan tree became longer due to the setting sun, Ibrahim’s demeanour also cooled and he said “there’s no need to make this into a big issue. The rules made by the majority must be followed by the minority. This is democracy. As one of my followers cintanegara said, if the roles were reversed, and if a non-Muslim headmaster were to offend the majority Muslims, would you be so quick to demand his head ?”
#13 by dagen on Tuesday, 17 August 2010 - 3:21 pm
Kaum perkasa dan juga kaum umnoputra semuanya pendatang dan mereka langsung tidak berotak dan berniat jahat menghapuskan kaum melayu.
#14 by dagen on Tuesday, 17 August 2010 - 3:26 pm
“majority ethnic” cintanegara? You mean the majority han chinese in malaysia. The 6plus million strong han chinese. Melayu is not a race. Melayu is only a term that encompasses a number of widely differing races (from arabs to indons to indians and filipinos etc).
#15 by Pen Datang on Tuesday, 17 August 2010 - 3:40 pm
This is a clear example of ketuanan melayu,if these peopel are going to be leaders we will remain forever as a 3rd world country.
malays forever want to be on cruthes, they are blind in seeing globilazation and najib speaks about Glocal,blue ocean cmon look atthe results,the race shows the weakness.
Will make a bold statement…if there are no sons of the land .bolehland is doomed!!!!!
#16 by Jong on Tuesday, 17 August 2010 - 3:48 pm
Spot on dagen!
“Melayu/Malaya” is not a race but a political grouping, a term used by umno.
#17 by tsalak on Tuesday, 17 August 2010 - 3:59 pm
In the capacity of Guru Besar, it seems mindless for the teacher to have lost her senses when uttering those words. But she did it. Other aspects that could also be the cause, no less sinister politics of the BN might be intimidation and pure incompetency. Unsuitable people put positions in the public service to further political purposes.
All point to the reasons for the our economic disaster. BN will never make our political economy work in this way. It stunts everything else, more so innovation and creativity.
Sadder, BN dehumanizes what otherwise would be our decent citizenry.
#18 by Cinapek on Tuesday, 17 August 2010 - 4:20 pm
The DPM can deny until he is blue in the face but no one believes one word of the “out of context” excuse. Racist educationist like these do exist. Years ago when I was in the teaching service, there was an incident that shocked me to the core. When the SPM results were announced, a lady BM teacher started whooping with delight in the common room when the teachers were poring over the SPM results. Curious I checked and found out she was happy that a few non bumi students of hers who had scored well in other subjects but had done poorly in BM, which she taught. This drag down their overall grade.
Hers was a spontaneous reaction because when I asked her what she was so happy about when her students’ poor BM results reflects poorly on her teaching. She was so blinded by her racist tendencies, it clouded her professionalism.
That is why in one of Thomas Lee’s blog article, I had posted my views that the authority to grant approval for the setting up of school religious societies should not be given to HMs. This is a clear example of such people sitting in those chairs.
In Godfather’s blog comment, I am surprised to read that the DPM leapt to her defence by alluding to Kulai being “ulu”. It is not. The DPM, as a Johorean and former Johor MB should know this. Ong Kah Ting is the MP for Kulai. So Kah Ting, what have you got to say?
#19 by boh-liao on Tuesday, 17 August 2010 - 4:43 pm
Whoopie, ya-hoooo, Ahmad Ismail, Nasir Safar, n Siti Inshah r highly desired by UmnoB/MCA/Gerakan/MIC as lecturers of Biro Tatanegara, mesti mencapai KPI punya
MP for Kulai said: I heard only Ling Ting, Ling Ting, n Ting Ling, Ting Ling; n I, as usual, always support whatever Moo moooooooooed
#20 by Winston on Tuesday, 17 August 2010 - 4:56 pm
The root cause of our problems, for decades, is the couldn’t care less and self-serving UMNO/BN government!
If you want a better future, just dump them!
#21 by tak tahan on Tuesday, 17 August 2010 - 5:03 pm
Siti inshah,
Don’t test god’s patient or insult him just because you think you can pray 5 times a day for the rest of the years for accepting your knowing mistakes.Insaf lah dan jadi seorang yang beriman.Sembayang lah betul betul sebelum anda disembayangkan!
#22 by Godfather on Tuesday, 17 August 2010 - 5:07 pm
Cinapek and friends:
It was pure satire. Moo hasn’t really commented on this issue, but we all can expect the standard reaction.
#23 by sheriff singh on Tuesday, 17 August 2010 - 5:28 pm
And the school’s name is Sekolah Menengah Kebangsaan Tunku Abdul Rahman Putra.
This is really an affront to our first PM. This is not what the Tunku would have wanted.
Siti is actually a pendatang too as her forefathers came from Riau.
#24 by son of perpaduan on Tuesday, 17 August 2010 - 5:40 pm
This is clearly shown how toxic ” Biro Tata Negara ” is! Welcome to pleasure doom, Malaysia boleh!
#25 by dagen on Tuesday, 17 August 2010 - 6:07 pm
That statement is bad enough, saying it during a school merdeka event makes it worse. And is SMK Tunku Abdul Rahman Putra an elite school? If so, this fact would surely add on further to that already disgusting enough scenario.
And did muhideen get someone in that school to snoop about with a blackberry? How come he is so certain of what that goodfornothing headmistress said.
#26 by Bigjoe on Tuesday, 17 August 2010 - 6:32 pm
The sad truth is back in 1960s, racism was alien to the Malays much less shout it. The rural Malays, even in poverty, did not feel insecure around other races because they have no idea what economic opportunities were.
The fact such perverted view is expressed unguiltyly in mainstream Malaysian lives show how mutation has deeply embeded into Malay society now. These Malays are not true Malays but mutants – social mutants of Malay society. UMNO created the mutation – their perverted experimentation modified the social genetics of Malays. Mahathir did for Malay social genetics what Mengele did for the Nazis.
#27 by Thor on Tuesday, 17 August 2010 - 6:34 pm
Siti inshah,
Don’t test god’s patient or insult him just because you think you can pray 5 times a day for the rest of the years for accepting your knowing mistakes.Insaf lah dan jadi seorang yang beriman.Sembayang lah betul betul sebelum anda disembayangkan!
————————————
Tak tahan,
If you’re to ask satan’s followers not to commit sin or insult god, you’re damn wrong.
Believe me or not, I once prayed in the name of jesus , asking satan to repent but I nearly got killed in process.
You might think I’m bullsh@tting but I’m not.
#28 by Thor on Tuesday, 17 August 2010 - 7:34 pm
In fact, UMNO was no longer a “United Malays National Organisation” in origin.
When mamakthir took over, it was already a “United Mamak National Organisation”, in nature.
That’s why it’s logo was altered , as a sign of changes.
Malaysia is no longer what it used to be as these mamaks are trying to cause hatred and chaos among us, so that they can loot this country freely and claim it as their own.
Most malays are simple minded and could be easily dupe by them.
Wake up, country men!!!
#29 by aukin on Tuesday, 17 August 2010 - 7:57 pm
The head mistress should be subjected to stern displinary action & DEMOTED. There is no room for this type of moron in a multi-racial Malaysia. Should a non-malay uttered such remarks in a public gathering-Tsunami & Havoc + Amok will happen. The Head is rotten so do the bottom of the line. Pui !!!!!!!!!!
#30 by Dap man on Tuesday, 17 August 2010 - 8:02 pm
Muhyiddin and Ibrahim Ali are acting like twins. Same racist thinking.
This man is the worst DPM we have ever had.
#31 by Thor on Tuesday, 17 August 2010 - 8:23 pm
This headmistress who made such a racist comment could be acting on someone’s instruction.
I will not be telling you who that “someone” is but if you really wish to know, go to the barn and look for the cows and you can get the answer.
#32 by Dap man on Tuesday, 17 August 2010 - 8:28 pm
It is unlikely any action will be taken against this racist principle. There is more chance she will be given a promotion.
UMNO always rewards racist civil servants.
She will also not be charged with sedition. This sedition charge is only meant for non-Malays. Malays enjoy immunity.
You want prove: Ahmad Ismail, Nasir Safar, Tee Abdullah, BTN lecturers etc.
Kit, if you care to make a survey, Chinese and Indian students are often called names – by their teachers!!
Why not ask for feedback from them. Give them a forum, an avenue to have their say.
#33 by dcasey on Tuesday, 17 August 2010 - 9:23 pm
DUMNO created this machine called BTN that’s programmed to produce brain dead zombies which only function is to spread venomous racist poison to kill whatever is still left of the muhibbah spirit in Malaysians. So don’t be fooled by the excuses from this Moo-hee-din superzombie. After all BTN=BeEnd=DeEnd
#34 by JJx on Tuesday, 17 August 2010 - 10:30 pm
We got idiots and racists teaching our kids these days.
#35 by ENDANGERED HORNBILL on Tuesday, 17 August 2010 - 10:50 pm
Siti PROMOTED by Muhyiddin??? Both from same state Johore.
Wow! Siti must be a Muhyiddin supporter. Muhyiddin is a Perkasa supporter like Mahathir. Same-same political guttersnipe.
Moo-booooooo.
#36 by ENDANGERED HORNBILL on Tuesday, 17 August 2010 - 10:57 pm
Live a million years and I won’t be able to understand the mind of the Ku-Klux-Klanners!
I dare say they are mindless idiots!
Now, after what has happeed in Kulai and the defence by the Minister (ooh, Dpm to boot!), would you think Malaysia has some mindless idiots too?
#37 by cemerlang on Tuesday, 17 August 2010 - 11:16 pm
The teaching profession has gone from best to better to good to bad to worse. Please you people. Remember the teacher you loved once upon a donkey time ago ? For the sake of her or him, can you all respect the teachers of this present moment ? You are right. Respect is to be earned. You can spit a million times on his or her face, yet the fact remains that she is still a teacher. You disrespect her because you know that she is to be respected yet she is so undeserving of that respect. You only make yourself negative and miserable thinking all the bad things about her. She will not realize her mistakes until she is conscious of her own mistakes. Therefore you have to make her realize that she is making a big serious mistake, unfitting for one who is supposed to be the leader. Remember too the teachers who support you. If you want to promote someone, you should promote one who knows how to network around because she should know how to work together with the ruling government and the opposition. If you promote only the people who support Barisan Nasional, by nature, she will of course say bad things about the opposition. Vice versa too. She is being promoted to be the head of the education institution and not play around like a politician. If her brain works like a politician, she should become the wakil tempat. That’s why she should choose the correct profession. She will be happier and not get angry with the Chineses, Indians and non Malays.
#38 by manntrexe on Wednesday, 18 August 2010 - 4:36 am
Hi,
I like what Ku Li said, ” We were once Malaysians !”.
That was the environment when I was growing up in the 60s and 70s. I enjoyed my friendship with every race at school and after school. I’m proud to see one of my secondary school peers, Ragunath Kesavan, in the Bar Council.
I grew up in Muar, a small town populated by all sorts of Malays, Chinese, Punjabis ( Muslims & Sikhs ), Gujeratis, Sri Lankans, Tamils and Arabs.
My late father too, had his own set of friends. Used to see him hang around with his Chinese and Indian friends at their usual Kopitiam. Enjoying coffee, satay, roti bakar and all.
And my father is a religious person who never misses his prayers in the huge mosque next to the river. His positive attitude towards other races does not contradict his religion. Because Islam means Peace.
And the Prophet once mentioned, “He, who is a racist, is not one of us.”. And the Prophet encourages mix marriages. The Quran tells us to learn from one another, so as to live in harmony.
Bapak borek anak rintik. Just like my father, I hold strongly to what the Prophet have said.
#39 by ChinNA on Wednesday, 18 August 2010 - 5:54 am
Well, we can ask the students to record the ‘speech’ using some gadgets (handphones?) the next time this happens. There is at least reason to say “taken out of context”.
#40 by cemerlang on Wednesday, 18 August 2010 - 6:31 am
Students friendly. Let them choose their mentor, let them choose their pengetua, let them choose the teachers, hey let them make all the timetables and the duty roasters, they have the right too because they are the clients. Itulah rakyat didahulukan. Pencapaian diutamakan. Let them discipline themselves. If they are wrong , let them punish or not punish themselves. Let them be boss. You teachers, just sit back and relax and earn the money the government pays you. Why make yourselves so headache ? You will not be accused of being irresponsible. You will be loved because you give total freedom to the students. So seronok !
#41 by k1980 on Wednesday, 18 August 2010 - 8:13 am
Is Siti Anshah the head of the Wanita wing of Perkasa ? This is the immediate result of allowing teachers to dabble in politics
#42 by wanderer on Wednesday, 18 August 2010 - 8:26 am
This is the result of a dead fish that the head is rotted and affecting the other parts!…this retarded tainted minded head mistress was trying to enter the fast track
for promotion. UMNO IS INDIFFERENT TO EFFICIENCY AND QUALITY BUT, APPRECIATES BLIND LOYALTY…..
BLURRED BY CORRUPTIONS, THERE ARE NOT MANY
SMART ASSES AROUND IN THAT EVIL EMPIRE!
#43 by k1980 on Wednesday, 18 August 2010 - 8:58 am
upsr and pmr abolished to be replaced by KPIs given to each and every student by Koh Ah Koon?
#44 by ktteokt on Wednesday, 18 August 2010 - 9:11 am
Just let the MELAYU to me-layu! Let’s see how strong they are after they are “dehydrated”!
#45 by yhsiew on Wednesday, 18 August 2010 - 9:12 am
Latest news: Siti Inshah was ordered to take leave until the police have completed investigation.
#46 by k1980 on Wednesday, 18 August 2010 - 9:31 am
As expected, the police investigation would give its verdict: “Innocent of all charges because her words have been taken out of context. Recommend that she be promoted to Pengarah Pelajaran Negeri Johor for her services to the school. Heroes welcome for her when she goes for her distinguished service award ceremony. The pendatangs who report her to to police should be jailed and fined”
#47 by baochingtian on Wednesday, 18 August 2010 - 10:36 am
STAR front page “Heat on Ronnie”, i moved on pg N2, N4, N8, still can’t find any follow-up story on this incident. Pg after page, and finally i found it in pg N26 “Principal goes on leave”. Looks like it’s not an important news afterall…. to the STAR.
#48 by tuahpekkong on Wednesday, 18 August 2010 - 10:39 am
Godfather, I think the DPM was trying to protect this woman rather than to water down the situation. Actually, Kulai is not a small town. It is an urban area with at least 80,000 people living in the town and surrounding housing estates.Many of the said school’s non-Malay students are able to score As in their SPM BM paper. So, to say that the students misunderstood this racist headmistress is a misnomer. Maybe this woman should be sent to Pagoh to continue her old ways.
Cintanegara, can you cite any incident when an ethnic minority teacher has uttered derogatory remarks against Malay students? The non-Malay teachers know where they stand. They don’t want to lose their job, charged in court or have their house surrounded by over 1,000 angry demonstrators. Still remember an incident last year when over 1,000 demonstrators, shouting racial slurs, surrounded a police station in Johor?
#49 by baochingtian on Wednesday, 18 August 2010 - 10:41 am
STAR “Meanwhile, Johor NUTP secretary Tay Meng Seng said the union viewed the matter very seriously. Tay added that NUTP would leave it to the police and state education department to carry out their investigations.”
What does that mean???
It sounds serious, looks serious, but it’s not that serious — wait for the police report, wait for the state education dept, wait and see la!
#50 by boh-liao on Wednesday, 18 August 2010 - 1:59 pm
Most latest news:
Education director-general said it was just a misunderstanding — d allegedly offensive remarks by a Johor school principal — n d matter had been resolved
Celaka, students, tak pandai punya n trouble makers, misunderstood school principal lah
Don’t know Y polis still investigating d case under Section 504 of d Penal Code for provocation which carries a maximum imprisonment of two years, a fine or both
#51 by baochingtian on Wednesday, 18 August 2010 - 3:44 pm
Just wondering why the indian community is keeping mum on the incident? “…Bagi pelajar India, tali sembahyang yang diikat di pergelangan tangan dan leher pelajar nampak seakan anjing dan hanya anjing akan mengikat seperti itu.” This is most unacceptable remarks.
Btw, I don’t hear anything from YB Wee ??
#52 by dagen on Thursday, 19 August 2010 - 9:21 am
Open letter by the Solicitors International Human Rights Group UK to anifah:
“The Honorourable … Anifah
Foreign Minister of Malaysia
The Ministry of Foreign Affairs of Malaysia
Wisma Putra Complex
No. 1, Jalan Wisma Putra
Precint 2
Federal Government Administrative Centre
62602 Putrajaya
Malaysia
By Post & Fax: 603-8889 1617/2816
Dear Foreign Minister,
The Solicitors’ International Human Rights Group (SIHRG) takes the opportunity to write an open letter to you following your recent visit to the United Kingdom and comments made on 8 August regarding the Malaysian Internal Security Act 1960 (ISA) to members of the UK and Malaysian civil society outside the Malaysian High Commission at Belgrave Square.
SIHRG welcomes and applauds your attempts to engage with civil society on 8th August and address the difficult issues raised by Malaysia’s continued use of the draconian ISA in light of the recent disturbing clampdown in Malaysia of numerous planned peaceful protests and mass arrest of anti-ISA protestors. Such conduct by the Malaysian authorities has had a chilling effect on civil society and has brought to sharp focus how laws such as the ISA, if not repealed, will continue to cast a blight on Malaysia’s image in the eyes of the international community, undermine the country’s professed commitment to the rule of law and democratic values.
The Malaysian Government has accepted in recent times that all is not well with the ISA and the country’s other preventive laws. This recognition of a need for change has instigated yet another review of these legislations. SIHRG recognises that this is a step forward. However, provisions of the ISA have a wholly corrosive effect on fundamental liberties, and are inconsistent with Malaysia’s commitment to uphold the rule of law and abide by international norms. For these reasons SIHRG is of the view that there is an overwhelming need for Malaysia to show a strong irrevocable commitment to democratic values by repealing the ISA in its entirety.
Malaysian preventive laws, the most notorious being the ISA, allow for arbitrary detention of individuals at the will of the authorities, sometimes for prolonged periods, without trial or charges ever being proffered against them. These laws deny the detainee the right to a fair and public hearing by an independent and impartial tribunal and severely restrict a detainee’s right to access legal counsel. Individuals detained under the ISA and other preventive laws are deprived from any of the ordinary safeguards found under the country’s regular penal procedures. The systematic and pervasive use of preventive laws engenders a climate of fear among the public and undermines public confidence in the justice system.
You reiterated the Malaysian Government’s stand that it has ruled out repealing the ISA because the state is obliged to guarantee national security and the security of its citizens and the ISA is an important weapon in the state armoury to effectively combat terrorism.
SIHRG considers that there are compelling reasons for the Malaysian Government to reconsider its stand.
1. Indefinite incarceration of detainees has not been proven to be an effective method of preventing, reducing and/or alleviating terrorist attacks or terrorist related violence. In fact it is likely to be counterproductive (as has been the UK’s past experience). Malaysia, like many other countries, can develop a legal response to terrorism which allows it to protect the collective security of its people whilst giving effect to the rule of law and maintain core democratic values. The balance is important, not least to lend legitimacy to the legal measures adopted by allowing appropriate judicial and parliamentary scrutiny of executive decisions.
2. During its recent visit to Malaysian detention centres in June this year, the UN Working Group on Arbitrary Detention found evidence of a link between arbitrary detention and torture and ill-treatment. The detainee and prisoner interviews conducted by the Working Group observed that those detained under preventive laws were more vulnerable to state abuse as they are more likely to be tortured and/or ill-treated, in order to obtain confessions or evidence (facilitated by the fact that many are held initially in incommunicado detention), they are not informed of their right to contact relatives or to consult a lawyer (with some detainees interviewed stating that they were positively discouraged from consulting a lawyer).
3. There have been many instances reported in the media of lawyers either unable to access their clients detained under the ISA or face difficulties in getting such access. Lawyers perform a public role to ensure there is high public confidence in the proper functioning of the country’s justice system. In recognition of this important public role, Malaysia and other States unanimously adopted the UN’s Basic Principles on the Role of Lawyers in September 1990 at the Eighth United Nations Congress in the Prevention of Crime and Treatment of Offenders[1].
4. The exceptionally wide powers available to the state under the ISA and other preventive laws are disproportionate to the perceived threat to national security and inappropriate to the nature of terrorism related crimes. Malaysia has already enacted specific legislations to deal with crimes related to terrorism. A strong state response to terrorism need not include the state’s routine use of extraordinary measures normally reserved for times of emergency.
5. Arbitrary detention without any prospect of trial or charge and the lack of a remedy to effectively challenge the legality of the detention is an unacceptable infringement of personal security and freedom and the presumption of innocence, a fundamental principal of modern criminal law and Malaysian penal law.
SIHRG is committed to promoting and monitoring human rights around the world. It counts the right of individuals to be given reasons for their detention and to be afforded the opportunity to challenge the legality of the deprivation of personal freedom before an independent and impartial tribunal as a basic civil right and a cornerstone of the rule of law. SIRHG abhors torture in all its forms and supports any positive measures adopted by states to eliminate and/or prevent any form of illegitimate violence perpetrated against its citizens.
Malaysia has repeatedly expressed to the international community that it does not condone torture. In your recent visit to the UK you too agreed that “the use of torture is completely unacceptable”. SIHRG considers that these are strong value statements that must and must be seen to be reflected in good governance. The ISA is an outdated colonial era relic which neither resonates with the Malaysian people nor the progressive forward looking attitude of the state.
SIHRG therefore strongly urges the Malaysian Government to take this timely opportunity to close the chapter on the country’s unhappy history with the Internal Security Act by repealing the Act in its entirety.
Yours sincerely
Lionel Blackman
Chairman
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[1]Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (b) are able to travel and to consult with their clients freely both within their own country and abroad; and (c) shall not suffer, or be threatened with, persecution or administrative, economic or other sanctions for any action taken in accordance with recognised professional duties, standards and ethics.” – Rule 16 of the Basic Principles on the Role of Lawyers.”
Pssst, Lionel, next time pls remember to finish your letter with a declaration that you have not eaten rambutans from malaysia and if you have that you have paid for them (and cite receipt number, dont forget that).
#53 by boh-liao on Thursday, 19 August 2010 - 10:19 am
Mayb Hajah Siti Inshah binti Mansor wanted 2 emulate fellow racist teacher Rusita Abu Hassan, 2 get “punished” (actually promoted)
In 2008 Banting school teacher Rusita Abu Hassan used derogatory remarks on a certain ethnic group
She was later transferred fr d school but d punishment was viewed as more of a promotion for she was given a post in a smart school located near 2 her home
Recently, she even received an award 4 outstanding performance fr d Pejabat Pendidikan Daerah Kuala Langat
http://malaysianindian1.blogspot.com/2008/08/students-to-sue-malaysian-teacher-over.html
So, teachers, if want promotion, transfer 2 school near 2 home, n award, easy lah, just make racially derogatory n outrageous remarks
Minister will hear U n reward (oops, sorry, punish) U, moooooooooooooooooo