Archive for category Human Rights

Use of thugs, gangsters, hooligans a very dangerous trend

— Tota
The Malaysian Insider
Apr 26, 2012

APRIL 26 — Umno Baru has a lengthy catalogue of lawless behaviour. It appears that the rule of law is a stranger to Umno Baru. When Justice Harun declared Umno illegal, the party died.

The new party is registered as Umno Baru; yet the party continues to call itself Umno! The party logo was supposed to be a new one; yet the old logo with some imperceptible cosmetic change continues to be used. The keris on its logo has given rise to detractors calling it a party of pirates! The keris has come in useful for Umno leaders to threaten the non-Malays. Umno leaders have brandished the keris and used implicit threats.

Concerned individuals and groups have alleged that Umno Baru has let loose its mobs and thugs all too frequently to disrupt, sometimes violently, legitimately organised meetings and forums by civil society groups and NGOs. The Apcet 11 forum at a hotel in KL was disrupted by an Umno Baru mob that threatened the participants and smashed tables and chairs to stop the proceedings. When the Suqiu organisation submitted its 17-point plan for the betterment of the country, an Umno Baru mob threatened them with “rivers of blood” outside the Chinese Assembly Hall, KL, if they did not withdraw their 17-point plan.

Umno Baru used similar tactics to stop the Article 11 Group from holding meetings and the Bar Council forum on the conversion of minors to Islam when one spouse in a non-Muslim marriage converts to Islam. Police inaction emboldened the Umno thugs even to prevent Karpal from entering Parliament House. An Umno Baru mob led by a screaming hooligan, Khairy, outside the US Embassy advertised to the whole world that Umno Baru is a party trapped in the Stone Age.

The rule of law is obviously not part of Umno Baru culture. While proclaiming to the whole world that “demonstrasi luar kebudayaan kita”, Umno Baru and its allies have, since March 8, 2008, organised numerous illegal demonstrations in Pakatan-ruled states. Criminal intimidation is part and parcel of Umno Baru’s political strategy. Read the rest of this entry »

3 Comments

“428” Bersih 3.0 acid test of Najib’s “political transformation” to make Malaysia “best democracy in the world” – start with immediate revocation of government ban on Bersih

The April 28 Bersih 3.0 peaceful “Duduk Bantah” rally at Dataran Merdeka for clean, free and fair elections is an acid test of Prime Minister Datuk Seri Najib Razak’s “political transformation” to make Malaysia, in his own words, “the best democracy in the world”.

In the past seven months, the Najib government had been trying to undo the damage caused by the disastrous government mishandling of the 709 Bersih 2.0 peaceful rally for free and fair elections, which saw an arrogant, ham-fisted, high-handed and mindless repression and clampdown such as the government ban on Bersih, unjustified PSM arrests under Emergency Ordinance, arbitrary arrests for wearing Bersih 2.0 T-shirts or just wearing yellow.

In his Malaysia Day message on Sept. 16 last year, Najib promised a “political transformation” with a slew of reform of undemocratic and draconian laws like the repeal of the Internal Security Act and the revocation of the four Emergency Proclamations.

At that time, I had specifically asked: “Will the replacements for the repeal or removal of repressive laws and measures result in the reincarnation of these very same draconian features in a new format, e.g. repeal of ISA but enactment of new law which could be described as ISA2?”

This is what have come to pass in the past seven months. Read the rest of this entry »

15 Comments

The death of civil liberties

by Malik Imtiaz Sarwar

Though the Government has said much about the repeal of the infamous Internal Security Act, little has been said to explain how its so-called replacement, the Security Offences (Special Measures) Bill (SOA), will impact on our lives. Even less has been said about the bill tabled to amend the Penal Code that went hand in hand with the SOA. I think there was a reason for this.

To say that the two bills are draconian would be a gross understatement. They brutally curtail the constitutional freedom of Malaysians to dissent. It seems that we have been made the victims of a sleight of hand. While we were being distracted by the song and dance that attended the termination of the ISA, Parliament was being harnessed to diabolical purpose. The passing of the two bills has sounded the death knell of civil liberties.

I am not given to hyperbole. The facts speak for themselves. Read the rest of this entry »

2 Comments

BN could suffer for attack on students

Kee Thuan Chye
Free Malaysia Today
April 21, 2012

Perception is what counts in politics. And the perception that has already set in among the discerning public, not only discerning students, is that Umno hired the thugs.

COMMENT

Barisan Nasional has probably just lost the votes of university students who are bright, perceptive and can think for themselves.

These students would have been reviled by the recent attack on the student protesters camped out at Dataran Merdeka by a gang of 50 thugs. They would have seen this as a shameful act of violence against their fellow students, who were helpless and defenceless.

They would have seen this as an act to frighten the students into ending their protest calling for PTPTN (National Higher Education Fund Corporation) loans to be written off.

Those who are bright and up to speed about politics in this country would automatically assume that this is the work of forces bigger than the thugs. For why should thugs randomly attack the students and beat some of them up, including women? What would be their motive for doing so?

The assumption would most likely be that the forces behind the attack are members of the ruling party – for who, more than anyone else, would want to see the protest end sooner? Read the rest of this entry »

18 Comments

Ambiga: ‘Whirlwind’ of law reforms pointless without clean polls

By Clara Chooi
The Malaysian Insider
Apr 21, 2012

KUALA LUMPUR, April 21 — The sudden “whirlwind” of legislative reforms to the country’s restrictive laws has left Malaysians both elated and disappointed in the ruling Barisan Nasional (BN) government ahead of the 13th general election, Bersih co-chair Datuk Ambiga Sreenavasan has said.

Datuk Seri Najib Razak and his team may have earned plus points for daring to slacken the government’s leash over civil freedom, a historical point in Malaysian politics, but the prime minister’s failed attempt at electoral reform had hurtled him back to square one, she said.

The vocal civil society leader added that although crucial restrictive legal provisions were removed in recent months, they were forced down the throats of Malaysians in a rushed manner, drawing suspicion over the government’s true motive for reform.

“To me, the speed at which new laws and amendments were suddenly being pushed through Parliament, without consideration at all for consultation and opposition viewpoints, I think, reeks of suspicion.

“All it shows is that the elections are close,” Ambiga told The Malaysian Insider recently.

“We are in a bit of a whirlwind, really, with these legislations being passed through in such a rushed manner.

“Some people say it’s a good thing… but to many, you (the government) are only doing this because of the elections.

“This how it would just enforce the insincerity of the government,” she said. Read the rest of this entry »

8 Comments

Kuasa bukannya hak milik kekal, ia hanya TOL sahaja

— Aspan Alias
The Malaysian Insider
Apr 20, 2012

20 APRIL — Negara kita semakin hari semakin bercelaru dengan berkembangnya budaya samseng dan semua samseng-samseng ini adalah mereka yang menyebelahi pihak berkuasa. Pihak yang berkuasa sedang dalam keadaann desperado untuk mempertahankan kuasa dan mereka sedang mabuk dengan kuasa itu. Tindakan sekumpulan samseng memukul dan membelasah mahasiswa-mahasiswa yang sedang menuntut keadilan untuk masa depan mereka di Dataran Merdeka semalam amat menyayat hati. Mungkin sekarang ramai yang tidak merasa apa-apa tetapi orang yang miskin seperti saya dan ramai yang lain amat memahami perasaan mereka.

Nampaknya tidak ada siapa yang boleh menuntut apa-apa yang mereka anggap hak mereka dalam negara kita lagi. Sesungguhnya inilah kesilapan orang Melayu khasnya dan rakyat Malaysia amnya yang selama ini terlalu memberi muka kepada BN untuk memerintah negara ini sejak merdeka. Sebagaimana yang saya sebut selalu pihak berkuasa seolah-olah tidak boleh dipersoalkan lagi kerana mereka menganggap negara ini adalah hak mereka sahaja untuk berkuasa maka siapa sahaja yang mempunyai pendapat yang berlainan akan dipukul dan dicederakan.

Apabila mereka merasakan kuasa akan hilang maka mereka bertindak bukan sahaja membiarkan samseng-samseng melakukan apa sahaja ke atas anak-anak muda yang sedang menuntut keadilan dan berjuang untuk masa depan mereka dalam negara mereka sendiri. Pemimpin-pemimpin yang tidak bertanggungjawab pula membuat kenyataan-kenyataan yang memihak kepada samseng-samseng ini dan mengutuk tindakan mahasiswa untuk melakukan apa yang mereka wajar lakukan. Read the rest of this entry »

4 Comments

Still a long way to freedom, say NUJ and CIJ

Stephanie Sta Maria | April 18, 2012
Free Malaysia Today

The two organisations call for a complete repeal of the PPPA.

PETALING JAYA: Journalism bodies in the country are unimpressed with the amendments to the Printing Presses and Publications Act 1984 (PPPA) and are calling for an outright repeal of the law.

The amendments, tabled for first reading in Parliament today, have removed the Home Minister’s absolute discretion over printing press licences as well as the printing and publishing of a newspaper.

Also, under the amendments, publishers will no longer have to renew their licences annually. A license will be valid until the minister revokes it, and the revocation can be challenged in court.

But the Centre for Independent Journalism (CIJ) and the National Union of Journalists (NUJ) agree that these amendments were merely baby steps towards ensuring media freedom in Malaysia. Read the rest of this entry »

4 Comments

Bullying is cowardly, is this the kind of leadership our young will inherit?

— May Chee Chook Ying
The Malaysian Insider
Apr 19, 2012

APRIL 19 — Read that at 3 this morning, the university students and protesters at Dataran Merdeka were attacked by 40-50 thugs. Their tents and supplies were torn down. They were both physically and verbally abused. Some women were kicked in the faces while fast asleep, many injured and one reportedly hospitalised.

No second guesses to whom these thugs are beholden to. Raiding in the middle of the night, at 3am? If they dared to flash the colour of their shirts, why didn’t they justify their actions in broad daylight? This is not the first time our courageous young people have been attacked or needed to seek medical treatment after being attacked. Is “lawlessness” acceptable by the powers-that-be but not peaceful assemblies? This is senseless! Read the rest of this entry »

13 Comments

Suhakam joins call for review of ISA replacement law

By Anisah Shukry
The Malaysian Insider
Apr 16, 2012

KUALA LUMPUR, April 16 — The newly-proposed security law to replace the Internal Security Act (ISA) must be reviewed to ensure it is in line with human rights principles, the Human Rights Commission of Malaysia (Suhakam) said today.

Suhakam highlighted that the Bill did not provide for judicial oversight in the extension of the detention period for up to 28 days, and expressed concerns over how it gave police the power to deny detainees immediate access to legal representation.

It added that the power to intercept communications under Clause 4(6) should be exercised through a court order rather than by the police, as it could “infringe personal liberty and the right to privacy”.

“The provisions in the Bill as well as the amendments to the other relevant laws must strike a balance between national security and fundamental liberties and human rights,” Suhakam Chairman Tan Sri Hasmy Agam said in a statement today.

“The Commission looks forward to further and continuing engagements with the government agencies… to ensure that obsolete and irrelevant laws are abolished and replaced by laws that are consistent with universally accepted human rights principles,” he added. Read the rest of this entry »

11 Comments

Repeal of ISA a hollow victory

T Vicknaraj | Apr 12, 2012
Letters
Malaysiakini

The ambiance in Malaysia in April 2012 is both celebratory and festive due to the recent policy changes pertaining to Malaysian’s civil and political rights; and yet there is a strong sense of scepticism and mistrust at the ground level among the civil society movements, opposition politicians and the general population.

The general population’s feeling denotes a strong awareness that that this year possesses a crucial landmark in our nation’s history, as the concepts of participatory and parliamentary democracy are being negotiated and boundaries of civil and political rights are being rebranded, redesigned and rehashed in light of the impending general elections rumoured to be held in June 2012.

The stakeholders who are active in this negotiation for democracy are the political parties from both side of the divide, the ever growing civil society movements like Bersih, NGOs and the young adult population (gen X and Y), all of whom have a crucial say on how this political drama unfolds.

This mixed feelings and confused euphoria is justified. Read the rest of this entry »

4 Comments

ISA removed but sword of Damocles remains

— Kim Quek
The Malaysian Insider
Apr 12, 2012

APRIL 12 — Many Malaysians may be pleased with the removal of the much-condemned Internal Security Act (ISA), but the sword of Damocles that hangs over the heads of opponents of ruling Barisan Nasional (BN) stays intact.

This is due to the embedment of two key elements in the newly-introduced Security Offences (Special Measures) Bill that will in reality allow arbitrary detention for many years.

These elements are the broad and vague definition of offences that fall under this Bill, and the loophole that will allow prolong and lengthy detention through exploitation of the judicial process. Read the rest of this entry »

2 Comments

Repeal of pernicious and draconian ISA long overdue but new replacement of security laws raise grave concerns about human rights abuses

The tabling of the Security Offences (Special Measures) Bill 2012 to repeal the 52-year Internal Security Act which vests pernicious, draconian and undemocratic detention-without-trial powers on the Executive which could be extended every two years is welcome as it is long overdue.

This is the victory of the decades-long struggle for democracy and human rights which have been waged by patriotic Malaysians cutting across race and religion, many paying a heavy price in terms of personal liberties – culminating in the pledge by the Pakatan Rakyat for the repeal of the ISA.

However, the replacement of the slew of new security laws in the four bills presented to Parliament, namely the Security Offences (Special Measures) Bill 2012, the Penal Code (Amendment) Bill 2012, the Criminal Procedure Code (Amendment) (No. 2) Bill 2012 and the Evidence (Amendment) (No. 2) Bill 2012 raise grave concerns about new human rights abuses which must be met and addressed by the Prime Minister, Datuk Seri Najib Razak if Malaysia hopes to approximate to be “the best democracy in the world” – practising “a functional and inclusive democracy where public peace and prosperity is preserved in accordance with the supremacy of the Constitution, rule of law and respect for basic human rights and individual rights”.

The Internal Security Act has stunted the growth of democracy in Malaysia. What is there to guarantee that although the ISA powers of indefinite detention-without-trial is repealed, the new provision limiting detention without charge to 28 days “for purposes of investigation” without judicial review will not be the new bane for democracy and human rights in Malaysia? Read the rest of this entry »

15 Comments

WSJ: Najib ‘barely keeping up’ with political reform demands

By Yow Hong Chieh
The Malaysian Insider
Apr 11, 2012

KUALA LUMPUR, April 11— Prime Minister Datuk Seri Najib Razak is “barely keeping up” with reform demands despite promising to lead Malaysia into an era of fair political competition, the Wall Street Journal said today.

The influential daily said in an editorial today that while the Security Offences (Special Measures) Bill tabled yesterday represented “real progress”, it was still “too broad” and could be abused for political purposes.

It also noted that the Bill was only one of two laws meant to replace the Internal Security Act (ISA) and that a second Bill on racial hate laws that could prove to be even more contentious had yet to be tabled in Parliament.

“Since affirmative action policies favouring the Malay majority are a major political issue, will politicians be detained during key periods for criticising them or organising peaceful demonstrations?” the paper said.

“Mr Najib could have shown more sincerity and avoided these problems if he had allowed public consultation on the ISA reforms. Instead he has tabled this bill with the clear intention of passing it as quickly as possible.”

The WSJ also cited opposition claims that while the Najib administration had shied away from using the ISA in recent years, it had still used the Sedition Act against political opponents. Read the rest of this entry »

11 Comments

BN’s Cold War siege mentality is omnipresent

— Liew Chin Tong
The Malaysian Insider
Apr 11, 2012

APRIL 11 — Public attention yesterday was focused on the introduction of the new Security Offences (Special Measures) Bill 2012 (SOSM), tabled to replace the Internal Security Act (ISA). However, few noticed the simultaneous tabling of amendments to the Penal Code, Evidence Act and Criminal Procedure Code to vest an unholy axis of power in a government that will only lead to a ticking time bomb for all freedom-loving Malaysians.

Most disturbingly, the amendments to the Penal Code portrayed a government operating under a Cold War siege mentality, giving the authorities near martial law powers. In particular:

1) The new Section 124B of the Penal Code creates an offence known as “activity detrimental to parliamentary democracy”, punishable by twenty years imprisonment. Flimsily defined in the new Section 130A as “an activity carried out by a person or a group of persons designed to overthrow or undermine parliamentary democracy by violent or unconstitutional means”, this section opens the backdoor for questionable convictions that could violate human rights if used by an irresponsible government.

Furthermore, under Section 124C, an attempt to commit an “activity detrimental to parliamentary democracy” is punishable by fifteen years imprisonment. Fears of abuse of process are raised when a mere attempt to commit the crime is meted out such a heavy punishment. Read the rest of this entry »

8 Comments

Criticism grows over ISA replacement’s threat to basic rights

By Shannon Teoh
The Malaysian Insider
Apr 11, 2012

KUALA LUMPUR, April 11 — Putrajaya’s law to replace the Internal Security Act (ISA) has met with growing criticism over claims that it persists in denying basic liberties, just hours after being tabled in Parliament.

Global civil liberties watchdog Human Rights Watch (HRW) said in a statement this morning the Security Offences (Special Measures) Bill 2012 will “open the door to a range of future abuses” if it is passed, as expected, by the ruling Barisan Nasional (BN).

DAP lawyer Gobind Singh Deo also added to criticism by his counterparts from the Bar Council who said yesterday the Bill must be reviewed as “counter-terrorism laws… must not usurp the very rights and freedoms that the terrorists themselves are threatening.” Read the rest of this entry »

2 Comments

Perkasa masih bermain dengan api perkauman dan agama

— Aspan Alias
The Malaysian Insider
Apr 08, 2012

8 APRIL — Seruan pemuda Perkasa supaya orang Islam tidak bersama didalam rally Bersih 3.0 yang akan diadakan pada 28 April nanti menjelaskan lagi betapa jumudnya pandangan Ketua Wira Perkasa itu.

Semasa rakyat berbilang kaum sedang bertungkus lumus mencari penyelesaian terhadap penyelewengan dan pencemaran demokrasi ini ada pula pihak yang hendak menyelitkan kepentingan sempit pertubuhan itu dan berniat untuk menggagalkan usaha dan niat rakyat untuk memperbetulkan kepincangan yang dilakukan oleh institusi demokrasi negara ini.

Kenapa pula orang Islam tidak boleh menyertai rally tersebut. Apa yang “un-Islamic” nya rally itu sehinggakan orang Islam diseru untuk tidak menyertai rally yang berkepentingan untuk demokrasi dinegara ini? Saya tidak mahu berbahas tentang agama kerana saya tidak berpengetahuan agama yang lengkap. Tetapi apa yang saya fahami Islam memang menuntut umatnya untuk menolak kemungkaran politik dan ekonomi dan memperjuangkan kebenaran. Read the rest of this entry »

5 Comments

Malaysia’s political reform: Academic freedom

— Ahmad Iskandar
The Malaysian Insider
Mar 21, 2012

MARCH 21 — Towards the end of 2011, several incidents unfolded bringing the issue of academic freedom to the fore of Malaysia’s public discourse. Among them were the demonstrations held to oppose University and University College Act (UUCA 1975), one in PWTC and another in UPSI. Adam Adli and Safwan Anang, emerged as voices to champion the cause. However, we will not discuss demonstrations here, but we will explore briefly the main issue underlying the demonstrations, which is academic freedom. Systematically, we will look into its definition, the examples of the lack of freedom, the solutions and their implications.

Borrowing from The Lima Declaration on Academic Freedom and Autonomy of Institutions of Higher Education, academic freedom is defined as “the freedom of members of the academic community individually or collectively, in the pursuit, development and transmission of knowledge, through research, study, discussion, documentation, production, creation, teaching, lecturing and writing.” To ascertain whether academic freedom was observed or not, we will use four categories of relationship– academic freedom between government and institutions, administrators and academics, among peers and finally by external factors. By looking at these four categories, we can conclude that academic freedom is rarely observed in Malaysia.

Generally, there are two clear factors that show the absence of academic freedom in local universities. Read the rest of this entry »

10 Comments

Revoking aid to disabled is ‘illegal’

Joseph Tawie | March 6, 2012
Free Malaysia Today

An assistant minister’s order to revoke aid to a disabled man in Sarawak because he supports the opposition contravenes the federal constitution.

KUCHING: A minister in Chief Minister Taib Mahmud’s cabinet may have landed himself in hot soup after it was revealed that he had instructed two departments to revoke government extended subsidiaries and welfare aid to a disabled man who had supported an opposition candidate.

Sarawak DAP, which lodged a police report against Assistant Minister of Agriculture (Research and Marketing) Mong Dagang last Friday, said the minister has contravened the law.

Mong had allegedly directed, through a letter, the Assistant Director of Agriculture in Sri Aman to cease all forms of subsidies to Frusis Lebi.

Party secretary Chong Chieng Jen said DAP want the police to investigate Mong for his ‘heinous crime’. Read the rest of this entry »

9 Comments

Freedom works both ways, Faekah

— Yow Hong Chieh
The Malaysian Insider
Jan 24, 2012

JAN 24 — Pakatan Rakyat (PR) promotes equality for all, regardless of religion or race, and stronger civil liberties as the bedrock for a more modern, progressive Malaysia.

The pact says all basic rights enshrined in the Constitution will be upheld when it takes power, rights that Barisan Nasional (BN) has denied to the people on more than one occasion.

Among the fundamental rights that PR trumpets whenever it wishes to rally its supporters is the freedom of expression, freedom of association and freedom of movement.

But if the opposition believes in these freedoms, why is it we still see people like Faekah Husin, political secretary to Selangor Mentri Besar Tan Sri Khalid Ibrahim, proposing that the outspoken Datuk Ibrahim Ali be banned from the state for being a nuisance? Read the rest of this entry »

7 Comments

Malaysia ‘falls far short’ on rights vows

AFP/Herald Sun
January 22, 2012

MALAYSIA has fallen “far short” of upholding its pledges to allow civil liberties ahead of elections widely expected to be held soon, Human Rights Watch says.

Prime Minister Najib Razak has promised to grant greater civil rights by revising or abolishing several security laws, including the Internal Security Act which allows for detention without trial of those deemed security threats.

But activists and opposition leaders have dismissed his vows as ploys to regain at fresh polls expected this year votes lost in the last general election, where Najib’s Barisan Nasional had its most narrow ever win.

Human Rights Watch said on Sunday in its annual world report that the South-East Asian nation had last year “arbitrarily” detained critics, broken up a peaceful march for electoral reforms and replaced restrictions on free assembly “with even more draconian controls”.

“Malaysia’s leaders are fooling themselves by thinking they can backtrack on public promises to respect the rights to demonstrate peacefully and criticise the government without fear,” the group’s deputy Asia director, Phil Robertson, said in a release. Read the rest of this entry »

4 Comments