Archive for category Human Rights

Suhakam should invoke its powers under the Suhakam Act 1999 to protect Suaram from continued government harassment and infringement of human rights in Malaysia

The Human Rights Commission (Suhakam) should invoke its functions and powers under the Suhakam Act 1999 to protect Suaram from continued government harassment and infringement of human rights in Malaysia.

Two days ago, Suaram said that Suhakam should intervene in the government’s continued harassment of the NGO’s parent company, Suara Inisiatif Sdn. Bhd as they had been continually persecuted by the government and its agencies since July 2012.

Suaram asked, among other things, that Suhakam take a stand on the Minister of Domestic Trade, Co-operatives and Consumerism, Ismail Sabri Yaakob’s overreaching powers in interrupting and influencing investigations by the Companies Commission of Malaysia (CCM) and to acknowledge the normalcy of foreign funding to organisations in Malaysia.

“Suaram is gravely concerned on the overreaching powers displayed the Minister of Domestic Trade, Co-operatives and Consumerism, Ismail Sabri Yaakob in interfering and influencing the on-going CCM investigation on Suaram,” it said.

Global rights watchdog Amnesty International (AI) has rightly pointed out about suspicions over the timing of Putrajaya’s sudden interest in Suaram’s operations, noting that authorities began probing the NGO soon after it revealed that a close associate of Prime Minister Datuk Seri Najib Razak had sold Malaysian naval secrets to France. Read the rest of this entry »

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Malaysia The Unready

— Tota
The Malaysian Insider
Jul 19, 2012

JULY 19 — In English history there is King Æthelred The Unready. He earned this nickname because he was never ready for anything good or wise. Bolehland displays many similar characteristics to qualify to be called “Malaysia The Unready”.

The Umno-dominated BN government has shown a stubborn refusal to make Malaysia a truly democratic state where the rule of law, civil rights and liberties, equality and justice are respected and practised. The Umno-dominated BN government’s mantra is that Malaysia is not ready for so many things that are basic in all truly democratic and progressive countries.

Malaysia The Unready is not ready to:

● make Malaysia a truly democratic, secular state as enshrined in the Constitution.

● make Parliament democratically functional with an elected Speaker.

● have an elected Senate. Read the rest of this entry »

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Perceptions and deceptions

Rom Nain
Malaysiakini
Jul 12, 2012

Our political leaders evidently have a not-so-smart-ass response for everything under the hazy Malaysian sun.

Some – the few who can read – probably would have read that story about the French queen, Marie Antoinette, apparently saying `Let them eat cake’ upon learning that the French peasants had no bread.

Yes, perhaps that is why our home minister, upon hearing that the ISA detainees were on a hunger strike, twittered that it was the choice of the ISA detainees to hold the hunger strike, just as it was his choice to have lamb chops.

Not very sensitive of him, it could be argued. But then, neither was the French queen who, history tells us, was later executed by guillotine. Yes, she had her head chopped off.

Many of our politicians, I think, share this misconception that they are so darn smart and can deliver flippant comments, inane lines and get away with it. Read the rest of this entry »

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Drop sedition charges against Karpal and Uthayakumar to prove Najib’s bona fides when announcing repeal of Sedition Act

The Attorney-General Tan Sri Gani Patail should drop sedition charges against DAP National Chairman and MP for Bukit Gelugor Karpal Singh and Human Rights Party leader P. Uthayakumar to establish the bona fides of the Prime Minister, Datuk Seri Najib Razak when announcing that the Sedition Act 1948 will be repealed and replaced with a new act to be known as the National Harmony Act.

In his speech yesterday, Najib said the decision to repeal the Sedition Act was to find a mechanism that could ensure the freedom of speech for every citizen and the need to handle the complexity of plurality existing in the country.

He said that with the new National Harmony Act, the country would be “better equipped to manage our national fault lines” and “help to strengthen national cohesion by protecting national unity and nurturing religious harmony”.

The history of the Sedition Act in Malaysia is the history of an undemocratic, draconian, archaic, authoritarian and repressive law used in a most selective and discriminatory manner by the powers-of-the-day not only to suppress freedom of speech and expression by criminalising dissent but also to target and penalise Opposition personalities. Read the rest of this entry »

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Teoh Beng Hock like Ahmad Sarbaini, Aminurasyid and V.Kugan will be among priority cases of “transitional justice” in a new Pakatan Rakyat government in Putrajaya after 13GE to address past human rights violations and rebuild social trust in a democratic system of governance

We are here to remember Teoh Beng Hock, cruel victim of injustice and misgovernance, and to reaffirm our commitment to continue to do all we can to ensure that we will not cease until justice is done to Beng Hock and his family.

The death of Teoh Beng Hock at the Malaysian Anti-Corruption Commission (MACC) headquarters at Shah Alam on July 16, 2009, together with cases of Ahmad Sarbaini, Aminurasyid and V. Kugan will be among the priority cases of “transitional justice” in a new Pakatan Rakyat government in Putrajaya after the 13th General Election to address human rights violations and rebuild social trust in a democratic system of governance.

What is “transitional justice”? Read the rest of this entry »

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Choice is yours – let us change so we can have liberty and live with dignity

(Prepared closing remarks by DAP Secretary-General/Penang Chief Minister Lim Guan Eng at the debate with MCA President Datuk Dr. Chua Soi Lek on “DAP & MCA: Whose Policies Benefit the Country More?” at Sunway Pyramid Convention Centre on Sunday, July 8, 2012)

Since Merdeka, two million Malaysians have migrated overseas because they do not see a future for themselves and for Malaysia. It is time that we don’t live in our past that is filled with hatred and fear. We should look to the future filled with hope and harmony between all Malaysians.

 To put the past behind us, we must stop the politics of race and religion.

 To put the past behind us, we must end corruption.

 To put the past behind us, we must abolish the suppression, oppression, repression of our basic human rights and freedoms.

 To put the past behind us, we must demand good governance and performance from our ministers. Read the rest of this entry »

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Smoke and Mirrors: Malaysia’s “New” Internal Security Act

By Mickey Spiegel
Senior Advisor with the Asia Division at Human Rights Watch
East-West Center

ANALYSIS

“Critics also noted that the bill, coupled with amendments to other laws, tightened restrictions or banned outright activities already under constraint, added limits to previously unrestricted activities, and broadened police apprehension and surveillance powers in new and innovative ways.”

When Malaysian Prime Minister Najib Razak announced last September that the country’s infamous Internal Security Act (ISA) would be repealed, he referred to tensions “between national security and personal freedom,” and promised that new “legislation formulated will take into consideration fundamental rights and freedoms.” Fast forward seven months to this April when Parliament’s Lower House, followed in short order by the Upper House, passed ISA’s replacement, the Security Offences (Special Measures) 2012 Act (SOSMA).

Unfortunately, this new bill does not go far enough to protect the fundamental rights and freedoms of Malaysians. While this bill is not yet the law of the land, all that remains is for the king, Sultan Abdul Halim Mu’adzam Shah, to assent and for the text to appear in the Federal Gazette with the date it will take effect.

A far better plan would be for Malaysia’s policymakers to immediately scuttle this first attempt at replacing the ISA and seriously rethink what it means to protect national security concerns while simultaneously protecting the democratic rights and freedoms of all Malaysia’s people. There may yet be hope if influential allies of Malaysia, including the United States, publicly raise their concerns. Read the rest of this entry »

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Let’s ban ‘em all!

— Art Harun
The Malaysian Insider
Jun 12, 2012

JUNE 12 — I quite like the way people in authority attempt to solve various problems in Malaysia.

A long time ago, safety helmets were made compulsory for every motorcyclist and pillion rider. Thereafter, some smarty-pants wore helmets with visors to rob banks. Although I was still in school at that time, I remember the so-called solution which our authority came up with to solve that problem. They simply banned helmets with visors. Problem solved, right?

Many years ago there were concerns over deaths caused by accidents involving water-scooters on Penang beaches. Of course, before everybody could finish saying “water-scooters”, I remember some hot-shots proposed that water-scooters be banned. Fortunately that did not happen.

Baby dumping? Oh well, that’s easy. Ban, among others, Valentine’s Day celebration. Read the rest of this entry »

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The silence of our friends

— Dennis Ignatius
The Malaysian Insider
Jun 08, 2012

JUNE 8 — According to local media reports, US Senators John McCain and Joe Lieberman, who came visiting recently, expressed their admiration for Malaysia’s democratic model and even went so far as to suggest that it might serve as a template for other Muslim countries.

There was only the barest hint of reservation during their press conference when they made vague and passing references to foreign election observers and further democratic reforms.

It may well be that they raised democracy and human rights issues with Prime Minister Najib Razak and Foreign Minister Anifah Aman when they met in private but it is their public positions that are disturbing. Read the rest of this entry »

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Najib’s sweeping reforms: Winds of change or hot air?

— Justina Chen
The Malaysian Insider
May 29, 2012

MAY 29 — Since Malaysia Day last September, the administration of Prime Minister Najib Razak has undertaken a whirlwind of legislative and policy reforms, making Mr Najib arguably the most reformist Malaysian prime minister ever.

Political pundits remark that the rushed reforms which were undertaken without consultation with key stakeholders are a sign that a general election is imminent, perhaps to be held in less than two months.

Over the course of the last six months there have been a record number of legislative reforms including: repeal of the infamous Internal Security Act; amendments to the University and University Colleges Act and the Printing Presses and Publications Act; announcement of a minimum wage policy as well as the passing of the Security Offences Bill and Peaceful Assembly Act.

Despite the current air of optimism, the sincerity of the government to effectively implement lasting reform has repeatedly been called into question. Government critics cite the lack of consultation and the short time frame within which legislative reform has taken place as evidence that the reforms are merely political ploys designed solely to gain traction with voters. Read the rest of this entry »

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Legal action against Bersih sparks renewed scrutiny of new assembly law

By Shannon Teoh
The Malaysian Insider
May 24, 2012

KUALA LUMPUR, May 24 — The use of the Peaceful Assembly Act (PAA) to claim damages from organisers of the April 28 Bersih rally has sparked condemnation from opposition politicians who are now claiming that the new law restricts the right to gather even more than previous legislation.

Yesterday, 10 Bersih leaders, including Datuk Ambiga Sreenevasan, became the first persons to be sued in a civil action under the PAA, introduced just days before the April 28 demonstration for free and fair elections.

The government is claiming RM122,000 for alleged damage to 15 government-owned vehicles.

This followed Tuesday’s charges levelled against Datuk Seri Anwar Ibrahim and Azmin Ali of participating in an unlawful assembly, the first criminal charges under the same law which Datuk Seri Najib Razak had said would allow freedom of assembly “in accordance with international norms.”

Lawmakers from Pakatan Rakyat (PR) told The Malaysian Insider today the law is being used “in a demonisation campaign and shows the prime minister is no reformist but reactionary.”

“The move (to sue) is headed in the wrong direction from the reforms Najib promised,” DAP parliamentary leader Lim Kit Siang said.

“What about all those who were assaulted far away from Dataran Merdeka? Should they be queuing up to sue the government?” he asked, referring to dozens of protestors claiming they were attacked by groups of policemen after violence erupted at the rally. Read the rest of this entry »

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Why the Hanif panel is getting stick

The Malaysian Insider | May 21, 2012

MAY 21 — It would appear strange that the panel investigating the Bersih 3.0 violence is getting criticised before they even start their work. Especially because it is helmed by Tan Sri Hanif Omar, the respected and longest-serving police chief in Malaysia.

Yet, it is because of him that the panel is getting stick.

Hanif did not do himself any favours by talking about Marxist elements in Bersih. This is akin to a judge commenting on a case before it is even heard. And no matter how much that judge can argue about his impartiality, his comments have already influenced people about his handling of the case. Just like what Hanif did.

The former IGP had reportedly made several anti-Bersih comments before the panel was set up, such as the coalition intended to “topple the government” and that it had been “infiltrated by communist sympathisers”.
Read the rest of this entry »

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A free press is essential to democracy

— Dennis Ignatius
The Malaysian Insider
May 16, 2012

MAY 16 — Marina Mahathir, one of our nation’s most inspiring figures, recently wrote how her article in The Star was spiked for fear of incurring the wrath of the powers that be.

As a columnist for the same newspaper myself, I understand Marina’s angst.

Recently, I submitted an article about democracy in Myanmar. It ran on Monday, May 7. One line was, however, deleted. In referring to Prime Minister Najib Razak’s promise to support the transformation process in that country, I said, “We may not have much to teach them about democracy but we can help in other ways.”

It seemed such a small thing but even such references are now deemed too sensitive.

I thought it was really ironic that here I was writing about democracy in Myanmar, long considered a dictatorship, while being censored in a country that is assumed to be a democracy.

The last article I wrote in response to bizarre allegations in the national press that American and Zionist groups were plotting regime change in Malaysia was spiked with no explanations given. Read the rest of this entry »

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No one is listening to rakyat

Jeswan Kaur | May 15, 2012
Free Malaysia Today

Can Najib help enlighten whatever happened to his promise that the government could only work best if it listened to the people?

In some South Pacific cultures, a speaker holds a conch shell as a symbol of temporary position of authority. Leaders must understand who holds the conch – that is, who should be listened to and when. – writer Max De Pree

There is a reason why human beings have been blessed with two ears and one mouth – so that we listen better and speak only when need be. However, looking at the chaotic political scenario of this country, the opposite seems to be in motion.

From Prime Minister Najib Tun Razak to his team of ministers, none is listening to the rakyat. These politicians seem to have made up their minds who they will lend a listening ear to.

Joining them is former premier Dr Mahathir Mohamad who, for reasons best known to him, has never learnt the virtue and value of being a “good listener”, both back when he lorded 22 years over the nation and now when as a “retiree”.

In Mahathir’s case, less than a week ago he accused the events of April 28 as attempts to discredit the ruling government under the Barisan Nasional flagship. Read the rest of this entry »

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Bersih 3.0: The first test for the police under the Peaceful Assembly Act?

— Maha Balakrishnan
The Malaysian Insider
May 12, 2012

MAY 12 — At a press conference on April 29 and in reference to the Bersih 3.0 rally the day before, the prime minister was reported to have stated that “the rally was the first test for the police in translating the action stipulated under the new legislation following the political transformation implemented by the government, including….. introducing the Peaceful Assembly Act 2012”.

The Peaceful Assembly Act (PAA) came into force on April 23. The prime minister therefore had basis for saying that Bersih 3.0 was the first test for the police in translating the action stipulated under the PAA.

The question is: did the police pass or fail that test?

In my view, they failed. Here’s why: Read the rest of this entry »

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We should say yes to La Rue’s offer

— Khoo Ying Hooi
The Malaysian Insider
May 10, 2012

MAY 10 — Malaysia is one of the 47 members sitting in the United Nations Human Rights Council (HRC) for the second term covering 2010-2013. When our Foreign Affairs Minister, Dato’ Sri Anifah Aman opined that there is no necessity for outsiders, in this context, the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, Frank William La Rue to investigate the Bersih 3.0 rally that took place on April 28. He is stretching the truth way a little because, I quote, “We are a sovereign nation. We are capable of doing our own impartial investigation and we have faith in the authorities and the police. For responsible Malaysians, I don’t think this is an issue. We don’t need someone to investigate what transpired in our country. We have seen it on television and there are people who were actually on the spot who witnessed what happened.”

He also added that “The government is going to appoint a panel to investigate; therefore I do not see the necessity. I mean, maybe it’s possible, but I do not see the necessity for any outside organisation to determine whether we are free or fair.”

In declaring its intention for its candidature, the Malaysian government circulated a memorandum dated March 9, 2010, outlining its human rights record and its pledges and voluntary commitments. As the member of the HRC, Malaysia’s voluntary commitments and pledges include “deepening and widening our cooperation with and support for the work of various UN actors and mechanisms involved in the promotion and protection of human rights such as the … Special Procedures of the HRC,” which includes Special Rapporteurs, Working Groups, and Independent Experts.

If we take a peek to the UN General Assembly resolution A/RES/60/251, it states clearly that members of the HRC shall uphold the highest standards in the promotion and protection of human rights; fully cooperate with the HRC; and be reviewed under the Universal Periodic Review (UPR) mechanism during their term.

However, the way Anifah Aman described the Special Rapporteur and the HRC which we are a member, as the “outsider” and the “outside organisation” is detrimental to the country. It doesn’t reflect the commitments that the government has promised to the HRC and it is obviously just another diplomatic exercise. Read the rest of this entry »

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Lim Teck Ghee responds to Chandra Muzaffar’s refusal to engage on the Net and his threat

by Dr Lim Teck Ghee
CPI
09 May 2012

Commentary
In my note to Chandra on May 6 which he acknowledged, and which was sent well before this latest rebuttal, I had written:

“I hope we can have a sustained discussion on the important subject that you have identified. I don’t think a one-off debate is a good way to have that discussion. I know politicians and their supporters love it but we are not politicians.”

Chandra’s latest reply continues to insist on a one-off debate and argues that a prolonged discourse in lieu of a debate will “generate more heat than light”.

I disagree. So do the great majority of online commentators that have followed our exchange. Despite attempts by cybertroopers to disrupt feedback, many readers have encouraged us to engage over the Net that is an open and unfettered public space in which they can also contribute their say.

If I had thought that the scholar rather than the ex-politician in Chandra would prevail, I was mistaken. Read the rest of this entry »

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A response to Chandra Muzaffar’s lambasting of Bersih

by Dr Lim Teck Ghee
Friday, 04 May 2012
CPI Writings

Friends have asked me what prompted the extraordinary hatchet job that Dr Chandra Muzaffar attempted on the Bersih 3.0 movement and its leaders in his recent article misleadingly titled ‘Bersih and the Quest for Human Rights’ published in various media.

What was in the article that could be of academic or scholarly value to warrant any close reading? Those attracted by the title may have expected an article on how the quest for human rights in Malaysia may have taken on fresh urgency given the police manhandling of the demonstrators and media, and the many instances of violation of democratic rights.

In the internet and mainstream media, the issue of police brutality has become the main focus and memory of demonstrators and the Malaysian public. That could have been a topic that Dr Chandra – in defending the status quo – could have brought fresh insights from a human rights perspective.

However, he chose not to do so. Instead he churned out a propagandistic piece praising the political reforms undertaken as well as aimed at demonizing the Bersih leaders and its supporters from the opposition. Read the rest of this entry »

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DAP call for Suhakam public inquiry into indiscriminate firing of police tear gas sparking chain of violence marring Bersih 3.0

Yesterday, I had harboured the thought and hope that Malaysia was maturing as a democracy and can equal that of developed countries, with Kuala Lumpur comparable to London and New York, where peaceful assemblies and gatherings involving thousands, tens of thousands and even hundreds of thousands of people, could be held with the full understanding and even co-operation of the police authorities.

This thought came to me when on the way from the Masjid Negara meeting point towards Dataran Merdeka, together with other Pakatan Rakyat leaders Datuk Seri Anwar Ibrahim, Datin Seri Wan Azizah Wan Ismail, Datuk Seri Awang Hadi and Mat Sabu, we saw a veritable celebration not only of Malaysian democracy but Malaysian nationhood – with Malaysians transcending race, religion, politics, age or gender, coming together in a common universal cause for clean, free and fair elections for a clean Malaysia.

But this thought and hope that the Bersih 3.0 “sit-in” will be an international badge of honour of a maturing Malaysian democracy proved ephemeral as it was pulverized very shortly after in the disproportionate and indiscriminate firing of police tear gas at peaceful protestors for free and fair elections massed outside Dataran Merdeka.

Clearly, the breach of the Dataran Merdeka barricade, for which commensurate action could be taken, is no justification for the release of the violent events, like the disproportionate and indiscriminate firing of police tear gas, the police mass arrests and attacks on peaceful protestors including those who had dispersed and were on their way home, the “heavy-handed” attack and targeting of journalists as well as incidents where police personnel were targets of attacks. Read the rest of this entry »

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Citizens’ and Bersih 3.0’s freedom to assemble

— Proham
The Malaysian Insider
Apr 26, 2012

APRIL 26 — Proham recognises that freedom of assembly is a fundamental human right. Public discussions, debates, peaceful demonstrations and “sit-ins” are a form of public expression within the democratic tradition and should be viewed as normal. Proham recognises that these provisions are part of the newly enacted Peaceful Assembly Act 2011.

In this context Proham feels that the authorities including Kuala Lumpur City Hall (DBKL) and the police should facilitate Bersih and its followers the exercise of this right as citizens of Malaysia in a place of their choice. The home minister has already indicated that this movement is not viewed as a security threat.

Proham feels that the authorities could view this citizens’ movement as part of the people’s call for “free and fair elections” in Malaysia. In addition, if both authorities and Bersih leaders work together there will be no disruption in the city as many larger events have been hosted in the city centre before. Read the rest of this entry »

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