Sunday, September 28, 2008

Confused HINDRAF spouses plea does not dampen struggle to repeal ISA

Confused HINDRAF spouses plea does not dampen struggle to repeal ISA
Sunday, September 28, 2008


Now, if you are the spouse of an ISA detainee - then your concern generally is for the immediate and unconditional release of your spouse.

After the release, of your spouse you may not even be bothered to campaign further for the release of the others detained under the ISA or other Detention Without Trial laws... let alone continuing to campaign for the repeal of such laws...

We have to ask ourselves the question whether we were even bothered about those under detention without trial laws before this - before our spouse, friend, acquaintance, our 'leader', our fellow fighter for rights, our church member, our ... was arrested and detained under these laws.

In fact for many, after our 'people' are released - the ISA just is no more a priority. For some, it will be worse - they just become indifferent to it.

Now the police or their agents may be telling family and friends of the detainees - stop the campaigning, stop the protest...etc and then your loved one will be released. They will also say that the continuous campaigns, protest... is actually the cause of your 'loved one' continued detention. STOP it all and they will be released...

This tactic of the police is not unique to the ISA arrests - it is also used commonly by the police whenever they arrest persons. They would say that there is no need for a lawyer - just be patient and the arrested will be released soon after investigations.

If you protest...get a lawyer, etc - then it will be long....it will become complicated...difficult.

If not, it will be settled soon --- and that is the reason WHY many persons, when arrested, do not engage a lawyer as soon as the arrest happens... they(and their families) wait believing the police and hoping for a quick release --- and sometime it does not happen.

And within 24 hours after arrest, when the police take the detainee to the Magistrate to get a remand order, the detainee is most of the time not represented -- and in fact, without contest, the police usually get their way most of the time when it comes to remand applications...

I say, it is very important to engage a lawyer when you get arrested - and choose a lawyer, who is not afraid of the police and who will really fight for the rights of the arrested person. Sadly, there are many lawyers who are afraid of the police or are not interested in challenging the police because they are worried that their 'rice bowl' will be affected..

In Malaysia, sadly most people only start looking for a lawyer after they get charged in court - and that delay is sometimes bad for the person charged.

Not knowing the law, he/she may have done things after their arrest and during detention, which they would not have done if they had early legal advice and representation, may in fact be the very things that will ultimately be the things that will cause them to be found guilty...

Why do they do this? Why do they risk it? Why do they prejudice themselves by their ignorance or by reason of not having a lawyer? To save money - for after all, if I am not charged - then the money spend on a lawyer could have been better spent for other important matters...

I read with interest a recent report in Malaysiakini entitled "ISA detainees' wives: Hindraf has changed"
The struggle of the Hindu Rights Action Force (Hindraf) is different now compared to when it started some 10 months ago under the leadership of the five who are currently under Internal Security Act (ISA) detention, said the wives of two leaders today.

Dr M Kalaivani and B Buvaneswary, the wives of K Kenghadharan and V Ganabatirau, respectively, said they were not comfortable with the direction in which the movement has taken.

Speaking at a press conference in Kelana Jaya, Kalaivani said aside from the goal of obtaining the release of the Hindraf leaders, what is of utmost importance is that the Indian community's problems are alleviated.

Both these goals can be affected without rallies planned by those now coordinating Hindraf activities.


On the contrary, they said the rallies may actually serve to harm the chances of the five's release. - Malaysiakini, 26/9/2008 ISA detainees' wives: Hindraf has changed


They want it all to stop - the rallies, the protest --- and the authorities seem to have convinced them if this happens, then, their spouses will be free..., and so 2 spouses call a press conference (which is not that easy to do) and say things that can be very damaging for the HINDRAF movement and struggle...
Commenting on the anti-ISA vigil planned for tomorrow night, she said as long as the organisers have obtained the required permits to ensure the gathering is legal, she appreciates the effort of all quarters to highlight the plight of her husband and other Hindraf leaders.

"If they are going to do it legally, if they've got a permit, I really appreciate the efforts taken by these individuals. The vigil will be peaceful, so I don't think there is anything wrong with it - as long as they do it legally," she said.

Echoing her statements, Buvaneswary said she too disagreed with the planned gathering at Abdullah's Hari Raya open house as it may be detrimental to her husband’s chances of being released.

Contending that the rallies organised after the detention of the Hindraf five had deviated into becoming 'anti-government' rallies, Buvaneswary said they were defeating the purpose of highlighting the problems of the Indian community.

She said her husband had also told her to call for an end to such rallies.

"Who are these people to call for rallies? If our husbands wanted these rallies, their wish would be conveyed through us because we are their wives. What are the Hindraf coordinators trying to do now?"


"If you want the Hindraf five to be released, there are other methods of seeking this," she added.- Malaysiakini, 26/9/2008 ISA detainees' wives: Hindraf has changed

When it comes to the ISA and the Malaysian police - we really have to re-evaluate our perception of the Malaysian police - many think that they are sub-standard and not very good...but this may be far from the truth..

What have the police (and the authorities) achieved to date? They have got the 5 HINDRAF detainees to already go against each other. Recently, we also heard that one of them may even be a police plant - or agent...How good are they...they are 'breaking' the unity of the struggle...doubts about some 'leaders'..

By arresting the 5, they made them 5 HINDRAF leaders - but are they all really the leaders of HINDRAF?? Or is it what the police (and others) managed to get into our minds - i.e. that these are the 5 main leaders of HINDRAF... [Try to remember the HINDRAF movement before the ISA arrests - and ask yourself who were the 'leaders'. then. Were there even any 'leaders'?]

Remember HINDRAF is not a society - not an association - it is a movement of people...a movement of a long-oppressed people..who finally finds the courage to stand up and say "enough is enough".

HINDRAF rose up from the people because those who were supposed to be looking after the interest/needs/rights of the Indian community were not doing their job - the main culprit being the MIC. Temples demolished - and MIC was silent ( silent also was PPP, IPF, ....). When the so-called leaders and self-proclaimed reps failed, the people arised - The cry was "Makkal Sakti" - "People Power".

The numbers that came forth into the streets - and stood there withstanding the water cannons and tear gas...When this happened, other Malaysians, irrespective of ethnicity/religion again gained courage to fight for rights - for a better Malaysia - for change - and hence the results of the 2008 General Elections...

I go back to the news report about the 2 detainees wives - and note that in their eagerness to get their loved ones released, they even go so far to praise and thank the MIC and Samy Velu...
During the press conference, the wives also recorded their appreciation for MIC president S Samy Vellu and other quarters who are pushing for the five's release.

Commenting on the statements by certain quarters who questioned the "integrity and sincerity" of Samy Vellu in declaring he had met with Abdullah and sought the release of the Hindraf leaders, Kalaivani said her family’s only wish was to see her husband's return.

"I'm sure it’s the same for the other detainees as well and we sincerely hope that no individuals would continue questioning the integrity of any leaders or individuals from any party or question why they are asking for the release of our husbands.

"We appreciate the efforts taken by anybody to secure the release of our husbands, ...." - - Malaysiakini, 26/9/2008 ISA detainees' wives: Hindraf has changed


Now, Zaid Ibrahim has set the standard - will the MIC Cabinet members be resigning now - or did they even threathen to resign?

It is sad that the 2 wives (noting that it was not the family members of all 5 detainees) also goes further to state...that all is well and their husbands are being treated well...

Kalaivani said her husband was being treated well and was provided with the necessary medical attention at the Kamunting Detention Centre.
"We would like to thank the government for having looked after my husband well. He has not had any problems with medication so far, and I’m thankful for that," she added. - Malaysiakini, 26/9/2008 ISA detainees' wives: Hindraf has changed

What she did was very wrong - because she has unconsciously painted a picture that all is great in detention in Kamunting. She has also raised doubts about the assertion by ISA detainees about the bad conditions and even 'torture' that they undergo during detention.

Interestingly, during arrest and detention under the ISA - they treat different people differently. I believe Lim Kit Siang, Karpal Singh and Chandra Muzaffar, the Ops Lallang detainees, were not at all tortured and were treated 'well'. On the other hand, others were tortured...


During the first two weeks of my detention, I was interrogated very vigorously by Special Branch officers about my personal faith and my religious activities. I was not allowed sleep for days at a stretch and was warned that I would not get my food if I did not cooperate. One Inspector threatened to disturb my girlfriend ... On one occasion, I was knocked down to the ground and I injured my back. Since then, I have been passing blood in my urine and have suffered pain in my lower back constantly ... On one occasion, Inspector (name withheld) forced me to strip naked and enact the crucifixion of Jesus Christ. [He] also forced me to crawl on the floor in a naked state ...’.


‘The cell was windowless, the only ventilation being some holes in the upper portion of a wall. It was lit by a single light which was kept on all night ... For a full month ... my entire bedding was a thin plywood sheet on a cement slab. I was beaten with a stick about 1cm x 4cm x 120cm on my legs and the soles of my feet several times ... and was also slapped on the face with the back of my hand …’.
‘A police officer put fear in me ... by saying, ‘If I squeeze your balls, how long can you last?’ ... I was also subjected to the cold treatment during interrogations with very cold air directed through louvers onto my head causing me to shiver ... [i] experienced hallucinations and woke up in cold sweat. For two or three nights, I hallucinated that a big cobra was crawling beside me ... It was under such harsh and oppressive circumstances that I was requested to make statements...’.
‘I was forced to stand on a leg with arms outstretched and head bent backwards for long periods until I collapsed onto the floor ... Immediately I was kicked by the police officer to stand up again on one leg, and this was repeated many times ... I was forced to walk blindfolded towards the wall resulting in knocking myself against the wall and this was repeated many times. The police officers stamped on my toes and fingers causing excruciating and prolonged pains. I was subjected to the ‘cold treatment’ which consisted standing in front of a very cold air conditioner either naked or half naked several times ... and on one occasion the police officer had thrown cold water all over me ... I was forced to strip naked. A police officer ... rolled a bundle of newspapers, lit one end and threatened to burn my genitals [by] bringing the lighted end close to my genitals ... A police officer stated that he would ... make sexual advances to my wife ...’. - Charles Hector, Preventive Detention in Malaysia - A Brief Overview, also Malaysia: ‘Operation Lallang’: Detention Without Trial Under the Internal Security Act – Amnesty International (December 1988), Preventive Detention (Restrictions) Laws In Malaysia – an article that was published in ALIRAN on or about December 1994.


YES - this is what they do. Treat persons differently. They may have treated Dr M Kalaivani's husband well - but we all know that Uthayakumar has alleged that he was not treated well at all.

We may get angry at these 2 women - but remember they are spouses - family members - and they really may not know what they have done - how they may have affected the strugle. But remember, they are also the victims of the police and the authorities..

It was great to see that their 'press conference' has not affected the struggle for the repeal of the ISA and for the immidiate and unconditional release of the HINDRAF 5 and the others detained under the ISA..

About 2,000 people staged a peaceful march through the busy streets of Kuala Lumpur tonight calling for the abolishment of Internal Security Act and freeing detainees under the Act


Initially, two separate groups - Hindu Rights Action Force (Hindraf) and coalition of NGOs led by the Writer Alliance For Media Independence (Wami) - had initially planned to hold a candlelight vigil at Dataran Merdeka at about 7.30pm.

When they came across a police cordon at Dataran Merdeka, the Hindraf-led group numbering about 500 decided to march to the temple opposite the Puduraya bus terminal about 1km away.

The crowd marched unhindered towards their destinations and gradually the crowd swelled to about 2,000 people from all walks of life, with many carrying candles.

The other group, which was in a procession holding Chinese lanterns, eventually joined up with the Hindraf group.

The police were caught off-guard by the huge turnout. Many media personnel had also remarked that the large crowd was unanticipated as past vigils had been small in number. - Malaysiakini, 27/9/2008 - Anti-ISA vigil turns into peace march



Let us continue to call for the repeal of the ISA... Let us continue the call for the release of not Raja Petra and the HINDRAF 5 ...but for the release of ALL who are being detained under the ISA and other Detention Without Trial Laws..

Come on -- go get Hari Raya cards and send it to each and every person that you know are being detained under the ISA and other Detention Without Trial laws (My earlier posting/s give the address of the Kamunting Detention Centre and also a list of who were know are being detained under the ISA in Kamunting)

taken from Charles Hector Blog
Labels: Detention Without Trial, HINDRAF, ISA

Tuesday, September 2, 2008

Malaysians reiterate need for change, reforms





AUG 31 — The surprising thing about the Permatang Pauh by-election result was this: that some Malaysians were actually stunned and shocked that the Barisan Nasional could be defeated so soundly.
Let’s get real. Nothing much has changed from March 8 2008, that watershed day when Malaysians threw off the yoke of fear and conservatism and voted for the opposition in great numbers.
Five-and-a-half months on, this is the scenario on the ground. The Chinese and Indians still believe that the Umno-led government treats them as tenants and that the power-sharing concept of the Barisan Nasional does not protect minority interests.
The young voters still believe that Umno politicians are corrupt, arrogant and consumed by power and position.
Non-Muslims still believe that the country is sliding down the slippery slope towards intolerance and narrow-mindedness. Many Malaysians still believe that Datuk Seri Abdullah Ahmad Badawi is the prime minister of grand sounding rhetoric, but rhetoric none the same.
Here are just a few examples of what has happened since March 8 to confirm that nothing much has changed.

• The Hindu Rights Action Force (Hindraf) is still anti-government despite several overtures by BN officials to a few leaders of the movement. When Abdullah visited the Karu Mariamman temple in Butterworth he was booed by a segment of Hindraf followers. Others upset at the presence of the PM refused to take part in the gathering.
Abdullah, protected by a phalanx of Special Branch and Unit Tindak Khas officials, stayed on for a while but there was little doubt that he was an unwelcome guest.
Several Hindraf officials who were informed of the PM’s visit were dismissed as lackeys of the government. The tone of the protest against the PM showed that the movement still has not forgiven the government for jailing P. Uthayakumar and others under the Internal Security Act and for addressing the marginalisation of Indians seriously.
MIC and IPF members who canvassed for votes in Permatang Pauh conceded that they faced a tough time convincing the 3.300 Indian voters to support BN’s Arif Shah.
In some households, they were simply not welcome, much like during the general election campaign period.

End result: Vast majority of Indians voted for Pakatan Rakyat, just like they did on March 8
.


• Christians and other non-Muslims groups. Anecdotal evidence suggest that non-Muslims, upset their religious rights were trampled upon in the years since Abdullah became prime minister, deserted the BN in numbers in March.
They have grown weary of the arrogance of Umno politicians, the impotence of MCA, Gerakan and MIC politicians to stand up for the rights of non-Malays. They have become cynical with Abdullah’s pledge of being the leader of all Malaysians.
Their vote in March was not a protest vote but a vote for change. In their opinion, their best hope for a moren equitable country lies with Anwar Ibrahim. In the run-up to the Permatang Pauh by-election, all they heard Umno politicians talk about was Malay unity and the need to ensure the rights of Malays enshrined in the Constitution were always protected.
Indeed, Malay unity and not Malaysian unity has been the number one concern of Umno since March 8. On Aug 25, a day before the by- election, Umno division chief Ahmad Ismail spoke at a ceramah and called Chinese pendatang (immigrants) and added that “as the Chinese were only immigrants it was impossible to achieve equal rights amongst races”.
His comments were carried in all the Chinese language newspapers. Predictably, more Chinese voted for the opposition in Permatang Pauh on Aug 26 than they did on March 8.
Since then, MCA and Gerakan officials have demanded strong action against Ahmad Ismail.
Abdullah has promised to remind Ahmad Ismail to be more careful with his words.
His meek response will only serve to drive home the point that nothing has changed since Election 2008. Umno is arrogant and incapable of change.
• Young voters. There has been no attempt to draw up a plan for Umno/ BN to win over young voters.
An analysis of Election 2008 results shows that many newly-registered voters and those in the 21 and 30 age-group supported DAP, PAS or PKR candidates.
Their reasons were varied – they viewed BN as corrupt; they believed that the New Economic Policy was only benefiting a select group of Malays; they did not believe that the future of a better Malaysia was dependent on BN running the country.
Since March 8, many BN politicians have been talking about getting closer to young voters. What they don’t realise is that younger Malaysians will only support a political party which shares their aspirations, not one that continues to lecture them.
At Permatang Pauh, some 90 per cent of the young voters supported Anwar Ibrahim.
• Malay voters. In July, the Islamic International University polled 1,500 Malays from across the country to find out their political values.
They discovered that 70 per cent of those polled said that even though the government could guarantee strong economic growth and stability, it was necessary to hold elections and ensure that democracy was alive.
Some 90 per cent of them wanted the special rights of the Malays to be maintained but they also wanted other races to be treated fairly. Nearly 70 per cent said that they did not agree with detention without trial.
Taken together, their views seemed to be closer to what Anwar Ibrahim spoke about in the run-up to the by-election than what Datuk Seri Najib Abdul Razak and other BN leaders promised.
Anwar assured the Malays that their rights were protected under the Constitution but added that needy Chinese and Indians also needed help from the government.
He said that the Internal Security Act must be abolished and more must be done to ensure that the political system was not corrupt.
So like Election 2008, he was speaking a language which found resonance on the ground. In contrast, Umno politicians still are stuck in a time warp, believing that appealing to Malay insecurity is the only way to keep political power.
• Abdullah Ahmad Badawi. How can a leader squander an approval rating of 91 per cent in March 2004 and watch it plummet to 43 per cent in July 2008?
By not fulfilling a raft of promises including the pledge to be a leader of all Malaysians; to fight corruption; to bring about reform in the police, judiciary and the political system.
By the time March 8 came around, many Malaysians had become disillusioned with Abdullah, believing that he was indecisive and could not execute policies.
In the days after Election 2008, he came out strong, saying that he had heard the voices of dissent and was committed to repairing the country’s institutions and tackling the rising cost of living.
After the initial burst of enthusiasm, his unwillingness to upset Umno during the party’s election season has seen him go slow on reforming the judiciary.
His Cabinet does not inspire confidence nor does his stewardship of the Malaysian economy. Cynicism and skepticism accompanies every promise and pledge that he makes today.
So really no one should be surprised that Anwar won by a yawning gap over BN’s Arif Shah on Aug 26.
Malaysians voted for change on March 8. It was not a protest vote, it was a vote for change.
Abdullah, Umno and the BN still don’t get it. So the electorate sent them another message on Aug 26.
Only this time it was more emphatic.

Monday, September 1, 2008

Malaysia must integrate its minorities


Malaysia must integrate its minorities
By Sekina Joseph
Column: Simple DreamsPublished:


September 01, 2008, Kuala Lumpur, Malaysia — Malaysia holds a record in the preservation of peace in a country well known for its multiple religious beliefs, its diverse cultures and ethnicities and the multilingual nature of the society.
Malaysia is a multiethnic and multi-religious country, with a strong tradition of parliamentary democracy. The country is much esteemed for that, as well as for its positive role in helping to create stability in the region. Indeed, Malaysia has hosted several peace negotiations, has participated in peacekeeping missions abroad, and has no tradition of interference in the internal matters of other nations. It has a federal Constitution, which respects fundamental freedoms, basic rights and the equality of all before the law.

In the late 1990s, twenty years after Malaysia’s independence, the rapid development and modernization that occurred left in its wake a stressed interethnic and interreligious relationship.

One major area of concern is the absence of specific programs targeting the Malaysian Indian population. Existing policies are so general that they do not reflect the sharp contradictions and intra-ethnic disparities within the community. This creates the false impression that the Malaysian Indian community as a whole is doing well. It also creates a setback, instead of bringing various communities and racial groups together to promote a positive feeling of fair play. On the contrary, it only serves to alienate the people and set them apart.

In Malaysia’s eagerness to advance on the road of progress, it has neglected to observe essential features of democratic principles and values. The marginalized and discriminated should be lifted up to the average level of society to compete on equal terms in the open market system and have their rights and privileges duly recognized. If the Malaysian Constitution provides for certain entitlements born of historical factors for the underprivileged, then those rights of entitlement should be upheld.

Experience shows that mere acknowledgment by the authorities of specific difficulties faced by the Malaysian Indian community is insufficient. Unless adequate funds are made available to target the vulnerable groups, socioeconomic problems affecting them will persist and even worsen.

Many Indians from low-income groups are not aware of the assistance, if any, they can get from government agencies. Many rely on political party mechanisms for information, but some local-level politicians are not honest and caring. In some cases, sadly, ethnically biased bureaucrats even place hurdles when the Indian poor seek assistance.

Awareness campaigns should be conducted in electronic and print media – the Malaysian press being in a perpetual state of impotence. This would help the Indian poor derive some benefit by directly accessing government programs.

Aug. 31 marked the beginning of Malaysia's 51st year of independence, and what have the minority groups achieved in terms of wealth, educational opportunities, adequate and/or fair budgetary allocations, social welfare, care for the youth and entrepreneurial development? Without a doubt, certain vulnerable sections of the non-Bumiputra population have little or no access to public goods and services. No wonder Malaysian Indians have low self-esteem and have turned to gangsterism as a way of life.

In this environment of hopelessness, a significant number of Indian youth become involved in gangs and criminal activities. The police have adopted a strong-arm approach and, instead of showing compassion and mercy, treat such youth as if they were a threat to national security.

Large segments of the ethnic Indian community have been economically and materially marginalized since pre-independence. These socioeconomic ills are mainly due to their continuing marginalization from mainstream Malaysian society. Efforts to overcome this lack of integration will not bear fruit without a firm commitment from the government and concrete, tangible follow-up actions by responsible agencies.

The integration of Malaysia's minorities must succeed for the nation to realize its dream of uniting its people. Talk of democracy must include integration – they go hand in hand and are, in fact, intimate bedfellows. The majority should not be allowed to tyrannize and destroy a functioning democracy.

Justice does not just mean having good judges; it also calls for good law enforcement agencies. What can a good judge do if investigations are sub par? On the other hand, if the independent judiciary, as an eminent institution of democracy that provides for proper conduct under the rule of law and protection under the Constitution, is destroyed, then all the essential elements of a democratic society – such as justice, equity, fair-play, liberty and rule of law – go down the drain as well.

All Malaysians, especially the marginalized and downtrodden, have a place under the Malaysian sun, under a new order that believes in justice, equitable distribution of the nation's wealth, a conducive environment for people to make a living, and equal educational opportunities regardless of race, color and creed.

The challenge of establishing a united Malaysian nation with a sense of shared destiny, at peace with itself and its populace, ethnically and territorially integrated, in fair partnership and ownership, and made up of one "Bangsa Malaysia," is part and parcel of that dream.

After 50 years of independence, one would think that everything would be more or less under control; however, today we are still searching for values, trying to forge unity in diversity. What with self-serving politicians, highly politicized universities, party-controlled media, and continued segregation of the people, even beautiful dreams can turn into frightful nightmares for the ordinary person.

The future of Bangsa Malaysia depends on whether we can support the Malaysian vision to promote peace and harmony, so that our various communities can work, play, communicate and enjoy our blessed racial and cultural diversity, with the goal of building a united and integrated nation in the new millennium, whatever the cost.

--

(Sekina Joseph is a writer, a social activist, and a member of the Malaysian Interfaith Network based in Kuala Lumpur, Malaysia. She can be contacted at sknjoseph@yahoo.com. ©Copyright Sekina Joseph.)




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