Archive for category Human Rights
No more claptrap about ISA reform – Najib should first release all ISA detainees, close down Kamunting centre and suspend ISA for two years pending repeal or review
Posted by Kit in Human Rights, Najib Razak on Tuesday, 5 May 2009
The Star yesterday carried a most misleading front-page headline “ISA review begins”, reporting that the Prime Minister, Datuk Seri Najib Razak was honouring his promise to initiate a comprehensive review of the Internal Security Act as he had promised when he took office last month as the country’s sixth Prime Minister.
But thinking and perceptive Malaysians would have wondered whether this was the case, as many questions cropped up immediately when they read in the report that the government’s “first step towards reviewing the Internal Security Act (ISA)” was the formation of the Law Reform Committee under the chairmanship of the Deputy Minister in the Prime Minister’s Department Datuk Liew Vui Keong on April 29.
Is Najib really seriously about a “comprehensive review of the ISA” when the committee assigned this task is headed by such a political lightweight, who is only a Deputy Minister in the Prime Minister’s Department?
Just on this point, the whole idea of any “comprehensive review of ISA” could be dismissed as hogwash!
The story on the start of the ISA review took on a surreal and even “Alice-in-the-Wonderland” quality when it is further reported that the Law Reform Committee’s ”first step” to undertake a “comprehensive review of the ISA” would be a briefing session on Wednesday and Thursday involving the Legal Affairs Department and the Legal Aid Bureau. Read the rest of this entry »
Release Manoharan, Uthayakumar, Vasanthakumar under ISA or “1Malaysia. People First. Performance Now” is just a joke
Posted by Kit in DAP, Hindraf, Human Rights, Najib Razak on Sunday, 3 May 2009
DAP Selangor State Assemblyman for Kota Alam Shah M. Manoharan is considering resigning his seat as he feels guilty at being unable to serve his voters from Kamunting Detention Centre, where he had been incarcerated for the past 17 months.
I can understand Manoharan’s deep frustrations, helplessness and burning sense of injustice, as he is a victim of the draconian and tyrannical Internal Security Act and deprived of his personal liberty not for any crime he had committed but for his mission to uplift the Indians from the “new underclass” in Malaysia to take their rightful and equal place under the Malaysian sun.
Furthermore, he is prevented from serving the voters of Kota Alam Shah who had elected him as their State Assemblyman in the past 14 months, although he had tried and exhausted all avenues to seek release from ISA detention, making three habeas corpus applications, barrage of letters to the powers-that-be (to former Prime Minister, Datuk Seri Abdullah Ahmad Badawi, thrice to now Prime Minister Datuk Seri Najib Razak and eigth times to former Home Minister, Datuk Seri Syed Hamid Albar, two letters to the Sultan of Selangor), as well as attending the meetings of the ISA advisory board – all to no purpose. Read the rest of this entry »
Lugar Report on complicity of Malaysian officials in human trafficking of Burmese refugees for prostitution/forced labour – Najib must act now
Posted by Kit in Burma, Human Rights, Najib Razak on Friday, 24 April 2009
The Prime Minister, Datuk Seri Najib Razak should respond with instant government action in keeping with his “Performance Now” motto on the Lugar Report which accused Malaysian officials of complicity in the human trafficking of Burmese refugees who have been sold into prostitution and other kinds of forced labour in recent years.
It has been reported in the international press, including the Financial Times and IPS, that Richard Lugar, the top Republican on the United States Senate Foreign Relations Committee, has handed to the Malaysian government a report “Trafficking and Extortion of Burmese Migrants in Malaysia and Southern Thailand”.
The report is based on first person accounts of extortion and trafficking in Malaysia and along the Malaysia-Thailand border. Committee information comes from experiences of Burmese refugees resettled in the United States and other countries.
The report highlights the plight of Burmese migrants who crossed Thailand into Malaysia in the hope of registering with the United Nations High Commissioner for Refugees (UNHCR) and then being resettled in a third country.
According to the investigation, Malaysian officials have transported migrants – including some who had registered with UNHCR – from detention centres to the Thai border for deportation. At the border, however, migrants are handed to traffickers unless they can pay a ransom. Read the rest of this entry »
The truth about Malaysia
Posted by Kit in Human Rights on Thursday, 23 April 2009
The truth about Malaysia
The efforts of civil society and alternative media have strived to show Malaysia in its true, anti-democratic light
Malik Imtiaz Sarwar
guardian.co.uk,
Wednesday 22 April 2009
Architects of autocracies would benefit tremendously from studying the Malaysian model. It stands as a shining example of how, given the right combination of greed, ambition, maladministration and contempt for the rule of law, any democracy can be recast into an autocracy while preserving the veneer of democratic process.
At the time of its independence in 1957, Malaysia’s written constitution embedded the separation of powers and the freedoms so crucial to its checks and balances. But the vested interests of a hegemonic political elite has, over time, caused the system to mutate into one of rule by law that threatens the continued sustainability of the nation.
This is easy enough for anyone to see. The statute books contain a plethora of anti-democratic laws that are designed for, and applied to, one end: the regulation of information and opinion. This has allowed the suborning of a voter base much weakened by a divisive system of race politics; voters already made to feel that they should be voting one way rather than the other are not given the means to make an informed choice.
This has allowed a semblance of democracy, even though the democratic process has been subverted. Read the rest of this entry »
Ganabatirau/Kengadharan still “unfree” after ISA release
Posted by Kit in Hindraf, Human Rights on Monday, 6 April 2009
Although Hindraf leaders V.Ganabatirau and R. Kengadharan have been released from Internal Security Act detention after 15 months 23 days – 46 hours after the new PM’s announcement – and have returned home to their families in Shah Alam and Petaling Jaya respectively, they remain “unfree Malaysians” with the host of draconian and undemocratic restrictions imposed on their ISA release.
Instead of full and unconditional release from ISA, Ganabatirau and Kengadharan remain unfree, exchanging incarceration within the four walls of the Kamunting Detention Centre for an invisible incarceration without walls but equally repressive and undemocratic in depriving them of their fundamental rights as Malaysian citizens and the human rights entrenched in the Malaysian Constitution.
The undemocratic and draconian conditions for the release of the Hindraf duo denied them human rights and fundamental liberties in substance, time and space, depriving them of the citizenship rights to take part in political and public activities, the human rights of freedoms of speech and expression, as well as requiring them to report regularly to the police as if they are big-time criminals.
Ganabatirau is not allowed to leave Shah Alam and Kengadharan to leave Petaling Jaya, and must be home by 7 pm every night, exchanging detention in Kamunting Detention Centre to a larger geographical space of Shah Alam and Petaling Jaya respectively – the mark of unfreedom and continued incarceration! Read the rest of this entry »
Disgraceful 45-hr police “cat-and-mouse game” on Ganabatirau and Kengadharan’s ISA release
Posted by Kit in Human Rights, Najib Razak, Police on Sunday, 5 April 2009
As of now, Sunday, 5th April 2009 at 5.10 pm, the two Hindraf leaders V. Ganabatirau and R. Kenghadharan,have still not regained their freedom 45 hours after the new Prime Minister Datuk Seri Najib Razak had announced in his maiden speech to the nation over television on Friday night at 8 pm that both of them, together with 11 other Internal Security Act detainees, would be “immediately released”.
Also despite the belated assurance by the Inspector-General of Police, Tan Sri Musa Hassan yesterday that the ISA detainees will be allowed to leave Kamunting Detention Centre today, saying
“They cannot be released immediately. The documentation process has to be completed first. We will release all of them tomorrow after the documentation process has been completed.”
The families of Ganabatirau and Kengadharan were made to wait for hours under the hot sun yesterday and today and have not been allowed contact to see them. Read the rest of this entry »
Najib fails “Performance Now” test within first 24 hours – 13 ISA detainees still not free despite “immediate release” last night
Posted by Kit in Hindraf, Human Rights, Najib Razak on Saturday, 4 April 2009
I had said at a media conference in Ipoh this morning that the Home Minister, Datuk Seri Syed Hamid Albar and Deputy Home Minister, Datuk Chor Chee Heung, should resign from their Cabinet positions for the three-month suspension of Harakah and Suara Keadilan as one of first decisions of Datuk Seri Najib Razak on being sworn in as the sixth Prime Minister yesterday was to immediately revoke their ban which had entered into its 11th day.
Now, I say that Hamid and Tan Sri Musa Hassan should be sacked as Home Minister and Inspector-General of Police respectively for failing within 24 hours of Najib’s premiership one of the three Najibian thematic slogans – “1Malaysia. People First. Performance Now.”
It is most disgraceful and testimony of gross incompetence and ineptitude that although Najib announced in his maiden address to the nation over television last night that his government had decided “with immediate effect” the release of 13 detainees from ISA detention, none of the 13 could be released today and the earliest they could regain their freedom is tomorrow. Read the rest of this entry »
Suspend ISA detention-without-trial powers for 2 years pending “comprehensive review”
Posted by Kit in Hindraf, Human Rights, Najib Razak on Saturday, 4 April 2009
Among Datuk Seri Najib Razak’s first decisions as the new Prime Minister yesterday were the immediate removal of the three-month suspension of Harakah and Suara Keadilan, the release of 13 detainees from ISA detention including two Hindraf leaders V. Ganabatirau and R. Kengaharan and the conduct of a comprehensive review of the Internal Security Act.
While these three measures are welcome, they are clearly not adequate and do not indicate that far from signalling a new Dark Age, Najib is ushering in a new era of democracy, freedom, justice and accountability for the country.
This is one of the SMS I received after Najib’s first official address to the nation last night as the sixth Prime Minister of Malaysia:
“If anything, the release of more than a dozen of ISA detainees announced by the newly sworn-in sixth Prime Minister marked the return of Mahathirism as this was exactly what Mahathir did when he became the Prime Minister.”
The sender of this SMS is very right in more senses than one. Read the rest of this entry »
Does Najib want to turn Malaysia into a criminal state?
Posted by Kit in DAP, Human Rights, IT on Monday, 30 March 2009
Umno/BN leaders in Perak are mortally afraid of the Democracy Tree under which the Perak State Assembly convened on March 3, 2008 although the Perak Speaker and the overwhelming majority of the Perak Assembly members were locked out of the Perak State Assembly in the State Secretariat building by an illegal and usurper Mentri Besar and State Executive Council.
Umno/BN leaders in Perak are mortally afraid of the Democracy Tree plaque commemorating the historic occasion where the spirit for democracy in Perak refuse to be quashed by arbitrary, high-handed and illegal exercise of “usurper” executive power.
Umno/BN leaders in Perak are now mortally afraid of information technology and the DVD on the Democracy Tree which recorded for posterity the events leading to the historic Perak State Assembly under the Ipoh Raintree!
This was why DAP Perak State Assemblyman for Tebing Tinggi Ong Boon Piow was arrested by the police for allegedly violating the Film Censorship Act 2002 in not getting approval and a B certificate from the Film Censorship Board before “manufacturing, circulating, distributing, displaying” the Democracy Tree DVD.
This is a draconian law which must be repealed. It provides for a mandatory minimum fine of RM5,000 and up to RM30,000, three years’ jail or both, for any conviction under the Act. In other words, an MP or State Assembly member found guilty under this charge would automatically be disqualified as an elected representative in view of the mandatory minimum fine of RM5,000 – as a fine of RM2,000 and above in a criminal charge is sufficient to cause such disqualification. Read the rest of this entry »
Perak Assemblyman arrested – for producing DVD on “Democracy Tree”
Posted by Kit in DAP, Human Rights on Monday, 30 March 2009
Boon Piaw was released by police on personal bond at 1.10 am this morning for allegedly violating the Film Censorship Act 2002 for “manufacturing, circulating, distributing, displaying” the “Democracy Tree” DVD without first getting a B certificate from the Film Censorship Board.
Such an offence entails a fine from RM5,000 to RM30,000, three years’ jail or both.
Boon Piaw is to report back to the police on April 13 to find out the next course of police action.
Just imagine the far-reaching repercussions of such a law – which will make a criminal of every IT-savvy citizen in the country!
Ominous signs of increasing repression in Malaysia under Najib.
(9.15.46 am)
Just before 11 pm last night (Sunday), DAP Perak State Assemblyman for Tebing Tinggi, Ong Boon Piaw was arrested at the Chin Woo Hall, Ipoh for the production of a DVD on the internationally-famous “Democracy Tree” – shortly after the launching and the public viewing of the DVD.
He has been taken to the Pekan Baru police station in Ipoh for the police arrest formalities.
Latest example of the increasing intolerance towards fundamental liberties like freedom of speech, thought and expression in Najib’s Malaysia!
Umno power crazy – parliament video
Posted by Kit in Human Rights, Parliament, UMNO on Thursday, 26 March 2009
CNY Message – Can Malaysians regardless of race, religion or territory share a common Malaysian dream?
Posted by Kit in Human Rights, nation building on Saturday, 24 January 2009
Happy and auspicious Chinese New Year of the Ox to all Malaysians.
When Barack Obama was inaugurated as the 44th and first African-American President, he embodied the American dream rallying bipartisan support with the majority of Americans uplifted by better hopes for the future.
The question Malaysians should ponder on the occasion of the Chinese New Year of the Ox is whether Malaysians regardless of race, religion or territory, can share a common Malaysian dream to build a united, harmonious, democratic, just, meritocratic, competitive and prosperous nation.
The next 12 months will be a very difficult and challenging one, whether on the economic, political or nation-building front.
Two days after Chap Goh Mei on Feb. 11, Malaysia’s human rights record will face scrutiny by the United Nations Human Rights Council, which will investigate and consider the human rights situation in Malaysia as part of the Council’s Universal Periodic Review (UPR) of countries.
Malaysia’s human rights record is not going to come out smelling of roses from the Council’s UPR, especially with the recent slate of human rights atrocities, such as: Read the rest of this entry »
Hero worship
Posted by Kit in culture, Human Rights, Kee Thuan Chye, Lifestyle on Sunday, 28 December 2008
By FRED LIM
An arts space with a reputation for championing freedom of expression honours five people who have gone above and beyond in the pursuit of free speech this year.
FOR the past year or so, arts hub The Annexe Gallery at Central Market in Kuala Lumpur has been busy with an art bazaar called Art For Grabs during which independent vendors gather to sell all manner of arts and crafts, from homemade jewellery to framed amateur photos.
The bazaar started on quite an ad-hoc basis, according to the gallery’s programme director Pang Khee Teik. “It has been quite successful and we plan to have them at least three times a year in future,” he enthuses.
Seizing the opportunity to reach a captive audience lured by retail therapy, Pang put together a variety of educational outreach events spanning art house film screenings and public lectures and forums to edgy, alternative exhibitions that run concurrently with the bazaars.
These outreach programmes had socio-political themes and featured heavyweight intellectuals – such as history scholar Farish Noor, indie filmmaker Amir Muhammad, and playwright Jit Murad, to name a few – who chaired forums on a wide array of themes, from debating local films to alternative sexualities.
“It’s a good way of bringing people together to hear about political issues because we do attract many who come to browse at the stalls at Art For Grabs. We want to offer them more than just shopping,” says Pang.
The fourth instalment of Art For Grabs at The Annexe Gallery that took place last Sunday also had a socio-political agenda. Read the rest of this entry »
Gobala banned from Sarawak entry – omen of relapse to Malaysia’s dark ages?
Posted by Kit in Human Rights, Sarawak on Thursday, 25 December 2008
When I saw the Malaysiakini headline “MP denied entry into Sarawak”, it was déjà vu going back three decades.
Malaysiakini reported that Pakatan Keadilan Rakyat (PKR) Member of Parliament N. Gobalakrishnan (Padang Serai) was denied entry into Sarawak by immigration officers at the Kuching international airport at about 5.30 pm yesterday.
Malaysiakini quoted Gobalakrishnan:
“The moment I reached the airport, immigration officers told me that I am not allowed to enter due to instructions from the state government.
“The immigration officer gave me a notice which reads ‘Tuan bukan rakyat Sarawak, tidak berhak untuk masuk ke Sarawak tanpa permit atau pas Akta Imigresen 1959-1963’ (You are not a citizen of Sarawak and are not eligible to enter Sarawak without a permit or immigration pass).”
Irene’s triumph after 13-year ordeal – two measures to give full meaning
Posted by Kit in Human Rights, Judiciary, Labour on Tuesday, 25 November 2008
Irene Fernandez has finally triumphed and been vindicated after a 13-year ordeal with the Sword of Damocles of a disenfranchising prison sentence hanging over her head for doing her duty to uphold truth and justice – the publication of the memorandum “Abuse, Torture and Dehumanised Conditions of Migrant Workers in Detention Centres” in 1995.
I had highlighted Irene’s expose of the torture, ill-treatment and deaths in the immigrant detention centres.
Instead of thanking her for revealing the truth of the shocking conditions in the detention centres, Irene was arrested and prosecuted under Section 8A (1) of the Printing Presses and Publications Act 1984 for publishing “false news”.
Irene’s acquittal is not the result of any change of heart or reformist impulse in the system of justice, whether involving the Attorney-General’s Chambers or the judiciary, but because of sheer incompetence and ineptitude in the system of justice after a grave miscarriage of justice in the charging of Irene 13 years ago. Read the rest of this entry »
Challenge to Hamid Albar to a live telecast public debate on crime situation in Malaysia
Posted by Kit in Crime, Human Rights, Law & Order, Police on Wednesday, 19 November 2008
I regret that instead of responding positively and responsibly to my criticisms about the worsening crime situation in the country, the Home Minister Datuk Seri Syed Hamid Albar has launched a campaign to demonise me as an enemy of the police as illustrated by the following newspaper headlines today:
“‘Usah gemar perlekah pasukan keselamatan’ – Syed Hamid bidas sikap pemimpin parti pembangkang” – Berita Harian
“Syed Hamid bidas Kit Siang perlekeh polis” – Sinar Harian
“Jangan perlekeh credibility pasukan keselamatan” – Utusan Malaysia
In my 42 years in politics as a MP and DAP leader, I have never treated or regarded the police as an enemy as the police officers and personnel perform an unenviable but important and critical function to keep the country safe and secure for socio-economic and political progress and to be able to attract tourists and investors to maintain Malaysia’s competitiveness.
While I had never shirked from my responsibility to criticize faults or failures of the Police (and this applies to the Cabinet and the entire public service), I have never begrudged in giving full support to ensuring that the police force get proper and adequate recognition in terms of pay increases, equitable remuneration and improvements in their working conditions.
Read the rest of this entry »
DNA Identification Bill – motion to refer it to Select Committee on Dec. 8
Posted by Kit in Human Rights, Parliament on Thursday, 13 November 2008
I will propose on December 8, when Parliament resumes debate on government bills after passing the 2009 Budget, a motion to refer the DNA Identification Bill – given second-reading passage on August 28 – to an all-party Select Committee to draft adequate safeguards to prevent police abuses and to protect human rights, in particular the right to privacy of Malaysians.
The country needs a DNA law to nab the guilty in crime and exonerate the innocent and there should be a healthy national debate on how Malaysia can have the best and most efficient DNA legislation in the world from the perspectives of science, criminology and human rights, learning the experience of other countries with DNA laws.
In Malaysia, however, public debate on the DNA Identification Bill has been overshadowed by grave concerns that it could be used as an instrument of political victimization and repression.
As Malaysia is suffering from an acute multiple crisis of confidence in key institutions of governance (never before in the nation’s history have police reports been lodged against the Attorney-General, the Inspector-General of Police and very soon the Chief Justice), it is beholden on the government to ensure that the DNA Identification Bill can secure the support of all sectors of society and not become a controversial subject of distrust and division among Malaysians.
This can be achieved if the DNA Identification Bill is the result of a fully consultative process involving all political parties and all sectors of society.
Read the rest of this entry »
The growing anti-ISA rebellion
Posted by Kit in DAP, Human Rights, Parliament on Tuesday, 11 November 2008
DEWAN DISPATCHES: As rebellion grows, the Internal Security Act’s tryst with destiny
By Azmi Anshar New Straits Times
2008/11/10
DEWAN RAKYAT Nov 10, 2008:
Three discrete incidents yoked to the Internal Security Act interplayed with Lim Kit Siang’s urgent House motion filed today demanding the Speaker allow its deliberation tomorrow in the Dewan Rakyat. Kit could not have chosen a more opportune time to shove this motion that entangles Raja Petra Kamaruddin’s unexpected release from ISA detention and the Home Ministry’s push to have him re-arrested, with Umno’s show cause letter to its rebel ex-Minister Datuk Zaid Ibrahim for collaborating with the Opposition to repeal the ISA and the Bersih’s anti-ISA vigil that concluded chaotically with police arrest of demonstrators.
It has always the DAP MP for Ipoh Timor’s pitbullish mission to dismantle the Internal Security Act, in particular its most galling provision of detention without trial that had been inflicted on the DAP supremo, his son and their many comrades over the past 40 years. If there is a an agenda of the highest order in his series of campaigns to neutralise what he perceives as underhanded Government tactics, the ISA’s dismantling would be his crowning glory, perhaps more profound than the slimmest idea of becoming Deputy Prime Minister.
For now, Kit is seeking that the Cabinet overrule the decision of Home Minister Datuk Seri Syed Hamid Albar to appeal against the Shah Alam High Court’s decision to free Raja Petra, he of the Malaysia Today infamy, and force the gadfly of sordid web tales to return to Kamunting. Invoking Standing Order 18, Kit injected his motion with an appeal on the “positive reflection” in the last five months of the Datuk Seri Abdullah Ahmad Badawi’s premiership, hoping, in his own words, that the PM would “direct the Cabinet to fully review draconian laws and uphold the doctrine of separation of powers by repealing laws institutionalising executive usurpation of judicial powers and independence.” Read the rest of this entry »
Police mayhem
Posted by Kit in Human Rights, ISA, Police on Monday, 10 November 2008
Firstly, the excessive police force and violence at yesterday peaceful candlelight vigil to campaign for “No to ISA” and mark the first anniversary BERSIH campaign for free, fair and clean elections must be condemned in the strongest possible terms.
It shows that the police has completely forgotten the important recommendation of the Royal Police Commission that the police force should become an efficient, professional, incorruptible world-class police service with three priority objectives – to keep crime low, eradicate corruption and respect human rights.
If the Royal Police Commission recommendations had been taken seriously, the shameful and disgraceful episode in Petaling Jaya yesterday, where some 23 people were arrested including DAP MP for Petaling Jaya Utara Tony Pua, DAP Selangor State Exco Ronnie Liu and DAP Selangor State Assemblyman for Kampong Tunku Lau Weng San would not have happened.
Why is the massive deployment of police personnel to break up a peaceful gathering of Malaysians to campaign for freedom, justice and democracy by excessive police force and violence continue to be a greater priority and more important police agenda than the mobilization of police personnel to keep crime low and restore to Malaysians, tourists and investors their fundamental right and freedom to be safe from crime and the fear of crime? Read the rest of this entry »
RPK’s rearrest under ISA – Cabinet/Parliament must overrule Hamid
Posted by Kit in Abdullah Ahmad Badawi, Human Rights, ISA, Raja Petra Kamaruddin on Sunday, 9 November 2008
Home Minister, Datuk Seri Syed Hamid Albar’s announcement in Kota Kinabalu last night that the Home Ministry will appeal against the Shah Alam High Court decision on Friday to free Malaysia Today website editor Raja Petra Kamaruddin from detention under the Internal Security Act (ISA) is most deplorable and reprehensible.
It shows Hamid’s utter contempt for the fundamental concept of the rule of law and the most rudimentary commitment to human rights in the country.
In ordering Raja Petra’s release after a 56-day ISA detention, Shah Alam High Court judge Justice Syed Ahmad Helmy Syed Ahmad ruled in the blogger’s habeas corpus application that the Home Minister acted outside his powers in detaining Raja Petra under the ISA, as the grounds given for Raja Petra’s detention were insufficient rendering the ISA detention unlawful.
Syed Ahmad Helmy held that although Section 8 of the ISA on the detention order by the minister barred judicial review, there was a procedural non-compliance by the Minister resulting in an “ultra vires” order.
As illustration, the judge gave the example that the minister cannot act in bad faith to detain a person who decided to colour his hair red.
In actual fact, Hamid acted mala fide in a very substantive manner in issuing a detention order under Section 8 of the ISA late in the night of September 22 not because Raja Petra constituted a threat to national security but to frustrate the administration of justice and the rule of law by “killing off” Raja Petra’s earlier habeas corpus application. Read the rest of this entry »
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