Friday, May 30, 2008

FIDH Observatory Report : ISA is a violation of human rights principle





Contributed by Fadiah Nadwa Binti Fikri
Wednesday, 28 May 2008 09:29pm

The International Federation for Human Rights (FIDH) and the World Organization Against Torture (OMCT) in close cooperation with SUARAM (Suara Rakyat Malaysia) has launched an Observatory Report on an international mission of judicial observation in Malaysia on the hearing of habeas corpus application of five leaders of Hindu Rights Action Force (HINDRAF) who are detained under the Internal Security Act (ISA). The hearing of the application took place from 24 to 28 January 2008 and on 26 February 2008 the Court upheld that the detention is in accordance with law.

The launching of the Observatory Report took place at Chinese Assembly Hall today. Miss Laurie Berg, a practising lawyer from Australia, who has been given the mandate to observe and report the entire preliminary hearing of habeas corpus application presented the report to the press and urged the Government of Malaysia to repeal the ISA in its entirety as indefinite detention without trial violates international human rights standards. This recommendation is in line with the universally recognized human rights norms and fundamental freedoms, particularly the right to “participate in peaceful activities against violation of human rights and fundamental freedoms” as enunciated in Article 12 of the Declaration on Human Rights Defenders.

The Observatory also expressed their concern over the fact that the Detainees were not produced at the final hearing as their presence is of importance as to the question of the legality of their detention. The delay in delivering judgment is also one of the matters that concerns the Observatory.

Malaysia, being a member state of the United Nation is urged to comply with the fundamental principles of justice and universally recognized human rights norms enshrined in the Universal Declaration of Human Rights, particularly on the prohibition of arbitrary arrest, detention or exile. The use of ISA only demonstrates various violations of human rights such as the right to fair and public trial, the right to be presumed innocent until proven guilty, the right to answer the charges against them and the right not to be arbitrarily detained and the Observatory further stated that the Government has failed to show illegal or dangerous act has taken place as alleged to have threatened national security. The use of ISA also undermines the independence of the judiciary to scrutinize evidence of the alleged illegal or dangerous act.

In her closing remark, Miss Berg reiterates the Observatory Recommendations calling the Government of Malaysia in particular :

1) To repeal the ISA in its entirety.

2) To bring promptly before a judge all persons detained in the country within the framework of ISA.

3) All persons in Malaysia should be tried in conformity with international standards. The right of judicial review should be restored with respect to detention under ISA. Section 8B of the ISA should be repealed as an urgent and immediate step.

4) The five HINDRAF leaders and all detainees should be immediately released.

At the end of the press conference, Miss Berg in the presence of Mr. Saha Deva Arunasalam (representative of Bar Council Human Rights Committee), Mr Bernard Francis (representative of SUARAM) and also Mr. Syed Ibrahim Alhabsyi (the Chairman of Abolish ISA Movement (GMI)) handed over a copy of the Observatory Report to the family of HINDRAF leaders

http://www.malaysianbar.org.my/human_rights/observatory_report_isa_is_a_violation_of_human_rights_principle.html

The ISA 1960: A throwback to the era of tyranny ( from BC)


http://www.malaysianbar.org.my/opinions/comments/the_internal_security_act_1960_a_throwback_to_the_era_of_tyranny.html

Contributed by Sunil Lopez a/l Ceasar Lopez
Thursday, 14 February 2008 08:59pm

Settling disputes among individuals and ascertaining the guilt of a member of society who is charged with committing an offence by a tribunal of law has been the hallmark of a civilised and democratic society for some time now.

In feudal times and before, the power to decide on a dispute and to mete out punishment lay absolutely in the hands of one person or with a privileged few. It was a power that was used, often I suspect, without question and arbitrarily.

The majority of legal systems which exist in this day and age are not without flaws but as the essential feature of most of these systems are public trials presided over by persons charged with upholding the rule of law and dispensation of justice, it must, in my view, be accepted that anything else would be a poor substitute.

John Emerich Edward Dalberg Acton, otherwise known as Lord Acton, once wrote in a letter to Bishop Mandell Creighton in 1887 that “Power tends to corrupt, and absolute power corrupts absolutely.”

The validity of that statement is beyond reproach and I would think that no right thinking member of society would dare disagree, at least not in broad daylight.

It therefore seems inconceivable to me that even in these ‘enlightened times’, there exists a patch of the past, a throwback, if you will, to the bygone era of tyrannical monarchs where the word of one is sufficient to affix guilt to a human being. Inconceivable it may be but the continued existence of legislation like the Internal Security Act 1960 (I.S.A.) is such a ‘patch’ and an unjust one at that.

The I.S.A. conveys into the hands of one person, the power to detain without trial and also it appears, without question. The existence of such power would perhaps be excusable if that one person had the biblical qualities of Nabi Sulaiman or King Solomon as he is otherwise known, but alas we don’t run into many kings of that nature these days.

Some may reason that preventive detention is a necessary evil, especially in these dark times of terrorism but the upshot is that the liberty of individuals takes a backseat, the years of legal evolution grind to a halt and the trek towards authoritarianism begins anew.

The I.S.A. is a common dirty word [sic] among Malaysians who even consider voicing their dissent against government policies and decisions. It is an abbreviation which strikes fear and stifles the development of a just and equitable society.

Tunku Abdul Rahman, when faced with criticism for the enactment of the I.S.A. said that it will "be used solely against the communists...My Cabinet colleagues and I gave a solemn promise to Parliament and the nation that the immense powers given to the government under the I.S.A would never be used to stifle legitimate opposition and silence lawful dissent.”

Even at its inception, it was recognised that the I.S.A. could be abused and that it is a powerful tool in the hands of the government of the day.

Today, the spectre of the unchallenged use of the I.S.A continues to haunt the citizens of this nation.

The time is long overdue for the abolishment of this draconian and archaic legislation.

It is with that in mind that a motion calling for the abolishment of the I.S.A. has been submitted for consideration at the Kuala Lumpur Bar’s 16th Annual General Meeting on February 21, 2008.


--------------------------------------------------------------------------------

MOTION TO ABOLISH THE INTERNAL SECURITY ACT 1960

RECOGNISING that the detention of persons without trial as provided for by the Internal Security Act 1960, violates principles of the Rule of Law and Human Rights.;

CONDEMNING the Internal Security Act 1960 as legislation that is draconian and archaic and prone to abuse;

REAFFIRMING the Malaysian Bar’s Motion dated 27 November 1987, calling for the abolishment of the Internal Security Act 1960.

CONDEMNING the recent detention without trial on 13 December 2007 of 4 members of the Malaysian Bar, in particular, 2 members of the Kuala Lumpur Bar, namely Uthayakumar Ponnusamy and Manoharan Malayalam under the Internal Security Act 1960.

IT IS HEREBY RESOLVED

1. That the Kuala Lumpur Bar calls on the Government of Malaysia to immediately repeal the Internal Security Act 1960 and to adopt the recommendations of the Human Rights Commission of Malaysia (SUHAKAM) contained in their Review of the Internal Security Act 1960 report of 2003; and

2. That the Kuala Lumpur Bar calls for all the current detainees under the Internal Security Act, to, be released immediately and where appropriate, be charged in an open and public trial.

Dated : 13th day of February, 2008

Proposer : Sunil Lopez
Seconders : Lim Fang Say
Amer Hamzah Arshad

POLICE BAIL DELIBERATELY EXTENDED TILL THE 10th of JUNE

Fri, 30/05/2008 - 16:47 — admin POLICE BAIL DELIBERATELY EXTENDED TILL THE 10th of JUNE

5 of us turned up at the Tanjong Tokong police station this afternoon to only be told that our remand has been extended till the 10th of June 08. Among those present was my self, Mr. Ong, Mr. Vimal, Ms. Lau Shu Shi, Mr Supramaniam and members of the press. It is very disappointing to hear of our remand. It shows how slow the police are in conducting their investigation. How much time more do they need to investigate 7 innocent activist which upholded their constitutional rights by protesting peacefully against the ISA and was later abused by the police. Are they delaying their investigation in order to scare us and slow down our upcoming protest so that we would divert our attention to our own case rather than the ISA. Till today we have not receive any apology from the Home Minister as called by the Penang State government to do so as it was a miss use of power by the Malaysian Police.

Protest in Gurney on ISA

I called upon the Malaysian Police to wrap up their investigation as fast as possible and drop all the charges that they have brought against us. Stop wasting our time, and start to work on many other important issues which effect the Public. Example, the robbery which took place in Komtar a few days ago. Komtar is located only 5min away from both the District Police HQ and State Police HQ. What a shame it is to the Police force for such incidents to happen. Don`t we have any safe place in Penang Anymore ?... and yet they can waste their time disturbing and arresting peaceful protesters as if there is no other cases for them to deal with.

Arrest of 7 is unlawfull
The arrest of the 7 is a challenge to Malaysians and the constitutional law. Can the the Police Act over write the Constitutional Law? Does the Federal Government respects the constitutional law and the rights of it`s Rakyat? If no, than the Federal Government and the Police must be brought to trial for violating the Federal constitutional law and sentenced to jail. The Rakyat is being misleaded by the continuous arrest of many many protesters during their peaceful gatherings. This Violation needs to be put to an end. How much longer does Malaysians need to suffer for standing up and voicing their views. The rakyat`s money is being wasted by the police on the operational cost to disperse the rallies by usage of the tear gas, petrol, chemical water, documents, and video shooting. The police needs to learn from the well develop countries and protect the rights of the citizen and not be a tool of any political party.

NO ISA

It is clear that the people are unhappy with the Internal Security Act. So just abolish it and listen to the cries of the people or be prepared to face many many more peaceful protest by the public. We can`t just sit down and see our brothers suffer in the Kamunting detention center. The detainees are being abused politically, and we would not shut up! Release all the ISA detainees immediately and close down the Kamunting detention camp which symbolize injustice and evilness in Malaysia.

K.SUDHAGARAN STANLEY
http://profiles.friendster.com/23311684
stanley_sudha@yahoo.com
H/P 016-498 2125

Reply to Krishna T - Re: Hindraf is on winning track

Hi Krishna T,

We are very sorry that u dont seems to understand the actual struggle of Hindraf. If u think u are interest in the day to day life of yourself than u should not be bothered about others activities including Hindraf or even MIC for that sake.

U cant even pick the right word that can be use in public forum and keep repeating the same word. Lucky moderate edits and post your msg which by right should be rejected in the 1st place of repeated abuse/vulgar language.

FYI, Hindraf have told in its 18 demand that MIC mandore system need to be stopped. Malaysia is for Malaysian and all the issue regarding Malaysia need to be looked as Malaysian and stop all the systematic marginalization.

We were all stuck in the same old mandore way of highlighting and expecting MIC to solve the Tamil school, solve the estate compensations, education allocation and many more. By right it should be the task and responsibility of the related Ministry and local authorities.

The Education Minister held responsibility of the tamil schools and it allocation.

Hindraf wants the Malaysian indians to shift paradigm in the way we look into the problem and the way we seek solution.
In this week we saw the Education Minister promises to convert all the tamil schools as fully aided soon, so who held the final responsibility. Was it Uncle Sam or Kerismuddin?

We know the answer, so why are we still barking the wrong tree.

We are glad one of our 18 demands is promised for reality by the Minister himself after 52 years of Impendence.
MIC is just another political party, their survival are for the party struggle.

Regarding ISA, I dont know where u had information that many Indian support ISA. Btw ISA was not after May 13, it was there from 1960s. pls get your facts right.

We wish u good luck in your money generating activities, hope u will have more focus there in order to keep u away from areas that u are not interested in.

Have a good day.

Nandri.
Vaalge Hindraf Makkal Sakthi

--- In UnitedMalaysianIndianClub@yahoogroups.com, "Krishna. T."

dear waytha,

yeap, atrocities are commited in malaysia and it is by hindraf thru brainwashing the indian community so much many are exibiting uncivil behavior in everyday life. grace, my
friend grace under pressure. we can do better than this. our problem is samyvellu not the govt.
the problem the indian community facing in malaysia is due to the politics of MIC esp under samyvellu.

to understand samy's politics we have to go back to the Konfrontasi period with indonesia between 1964- 1965. smay staged a drama in kuala lumpur by tearing the flag of
indonesia flying at the indonesian embassy and burning it. it captured the imagination of the media and he was declared a hero. and ever since he rose none stop in politics until the voters of sg. siput and dr. devaraj MP taught him the lesson of his life. ( lets hope that MP devaraj and adun nasir will realise that they are being brainf**ked by arutchelvam in parti sosialia malaysia.

the politics of samyvellu is known brainf**king politics.( forgive us for the language- couldnt find a better alternative. You f**k the brains of the people first ( ie play a game on the minds
using any card and any method including the sympathy card) and then you f**k the people (ie fool the people) and gather power and wealth. ethics- what ethics?" i am in power so why do i have to bother about ethics" samyvellu. we were very much perplexed,confused and fooled, for a long long time like many others until we realised we were being brainf**ked by samyvellu's politics.

it is only after that we realised that something must be done. And since it is an indian or rather a tamil problem and mess, we tamils have to take the responsiblity to clean it up. and so we are doing it. we thought we could work with hindraf but the politics of hindraf seems to be similar to samyvellu although both of dont appear together or give opposing views to the media appearing as enemies. as cho ramasamy, a lawyer as well as actor of the tamil movie world would say " we have seen too many tamil movies". nangal nireiya tamil padam parthu
irrukirom. ha ha ha.

come on waytha, this is the 21st century. we shudnt be practising politics that belong to the stone age. it may be a laughing matter in india esp tamilnadu but NOT In MALAYSIA. we have to concerned about the feelings about our fellow malaysians from the malay, chinese, iban, dayak,kadazan etc etc communities as well. riots could break out as happened in the
past.

the I.S.A. act has maintained the peace in malaysia ever since may 13. infact the BN esp umno youth could be making money by making badges saying " saya cintai Akta I.S.A.
or I love ISA act. we will know that the majority of malaysians including the indian/tamil community support I.S.A.act. ( incase , hishamuddin,khairy or anyone else in UMNO youth want to take up the idea of making the badges , you are free to do so, but please remember to pay me my commision for the idea. hey it is intellectual property man!).
certainly, all the detainees must be put on trial. but that the buisness of the govt and the elected reps in parliament. The public is busy with their personal lives.

best wishes waytha.
from krishna

Draconian ISA, tortured and paralysed its detainee





Hi all Vanakam,

If we could recall, I have told about the story of Sanjev Kumar last
month after getting the real story from inside KEMTA.

There were some from this online forum didn't believe me then and
also challenge me.

For your information, Sanjeev Kumar is a young man who is only 25
years old.

He never had any record of crime before his detention.

Just got married about 6 months prior to his detention.

Was held under police custody for 55 days and none of the family
members knew what happened and where he was.

Later he was brought to Kemta and then only the family knew that he
was held under ISA.

It is so funny as the police finally decided to held him under ISA
as he was charged to be a spy for foreign nation !! But so far no
official charge made against him.

During his 55 days held by police, he was brutally beaten and this
young 25 old guy was unable to walk. His legs and knees were swollen
and cant stand neither walk.

While he was held in Kemta no officer/ prison personnel helped him
for daily movement. He crawled and moved with his wheelchair and his
mobility was bad due to his unheal injuries on his body.

One day suddenly his family was told that he is been hospitalised !!
When they reached there, it was horrified moment for his young wife
and his family looking at Sanjev whom use to be healthy and handsome
guy now lying on bed without moment.

He is now half paralysed !!! His left side and both leg cant be
used....

The camp personnel claimed he fell down and injured caused one side
of the paralysed !!

Do you want us to believe this claim by Kemta personnels.

All this sad story were kept within the family and they were
harassed and warned by SB that Sanjeev would be even worse if they
open their mouth.

Family requested if he could be brought for further check to heal
his paralyse and wounds. It was rejected. The camp even refused to
take the police report made by his wife and denied her request to
get a letter from him about his condition.

He is isolated in Kemta and not many knew about him. The helping
hand were other detainees there whom most of them are Malays whom
helped him to move to toilet and others.

His condition were brought to daylight none other than our great
HINDRAF leader, P. Uthayakumar thru his lawyers. This is good
example that Hindraf leader, P.Uthaya Kumar is still fighting for
justice for Malaysian Indian though he is held under the same camp.

He wants the Malaysians to know the bad things covered all the while
under this draconian ISA.

Sanjeev family were given courage by Uthaya's lawyers and finally
they agreed to come forward to tell the story. GMI also helped them
to seek and engage for a lawyer.

Though many report and complaints made by his family but there is
official statement from the Home Minster about this. ISA is a tool
that been abused by Home Minister and police.

We as Malaysian citizen in general need to voice out boldly against
this draconian law by supporting the activities that call for ISA
Abolishment. Recently even the BN components and Law Ministers is
talking about reviewing ISA.

Do you think if people were quiet and sympathise on ISA would bring
them out?

It was continuous pressure and demo/vigil that made the govt to open
mouth about ISA review.

Sanjeev condition was known thru great soul P. Uthayakumar who
still struggle from inside, just imagine many more people's fate
that were unknown under ISA. So far 10,662 people were held under
this draconian law and it took away many innocent person's life and
their right.

Let us all join together to Abolish ISA in Malaysia.

Let us free Malaysia from ISA.

Vaalge Hindraf Makkal Sakthi.
Admin.Hindraf@gmail.com

Wednesday, May 28, 2008

Sgor DUN approves ISA critics


Dun Selangor lulus usul kritik ISA
Mikini - Saidah Hairan
Tue | May 27, 08 | 1:29:00 pm MYT

SHAH ALAM, 27 Mei (Hrkh) - Kerajaan negeri Selangor di bawah Pakatan Rakyat mencatat sejarah apabila menjadi negeri pertama yang berani meluluskan usul mengkritik Akta Keselamatan Dalam Negeri (ISA) yang dibahaskan dalam sidang Dun ke-12.

Sebelum usul tersebut dibahas dan diluluskan, Gerakan Mansuhkan ISA telah menyerahkan memorandum `Malaysia bebas daripada ISA" melalui Pengerusi, Syed Ibrahim Syed Noh kepada Menteri Besar, Tan Sri Dato' Abdul Khalid Ibrahim, di lobi Avenue, SUK.

Penyerahan memo itu berikutan penahanan Adun Kota Alam Shah, M. Manoharan (DAP) pada 13 Disember 2007 bersama lima rakan yang lain.

Usul tersebut dibawa oleh Adun Kampung Tunku (DAP), Lau Wen Sang yang dibahaskan bermula petang hingga jam 8.55 malam.

Usul bersejarah itu berbunyi: "Bahawa Dewan ini menetap untuk mengkritik penahanan Yang Berhormat Tuan M Manoharan, Adun kawasan Kota Alam Shah serta pemimpin-pemimpin Hindraf (Barisan Bertindak Hak-hak Hindu) dan aktivis-aktivis sosial yang lain tanpa perbicaraan di bawah Akta Keselamatan Dalam Negeri (ISA) dan menyeru Kementerian Dalam Negeri membebaskan tahanan-tahanan ini."

Seramai enam Adun Pakatan Rakyat, termasuk dua bekas tahanan ISA, Saari Sungib (PAS-Hulu Kelang) dan Dr Mohamad Nasir Hashim (DAP-Kota Damansara) menyokong dan membahaskan usul tersebut.

Usul tersebut diluluskan sebulat suara oleh Dun Selangor tepat jam 9 malam.

Malangnya ketika usul itu dibahaskan semua Adun BN tidak berada di Dewan sejak jam 6 petang, Isnin 26 Mei.

Turut serta dalam perbahasan itu Adun Rawang, Gan Pi Nee (KeADILan), Adun Subang, Hannah Yeoh (DAP), Adun Seri Setia, Nik Nazmi Nik Ahmad (KeADILan) dan Batu Caves, Amirudin Shari (KeADILan).

Saari Sungib dalam perbahasan menegaskan, apabila seseorang itu ditahan di bawah ISA dan dibawa ke suatu tempat mereka akan terkejut kerana di negara yang sudah merdeka 50 tahun tetapi masih mempunyai tempat yang amat menggerunkan.

Beliau ditahan ISA ketika berumur 41 tahun terkejut kerana berhadapan dengan manusia yang sangat buas dipaksa minum air kencing, dibogelkan, diugut dan sebagainya.

Menurut beliau, ISA merupakan undang-undang untuk mempertahankan kuasa Umno-BN dengan cara menakutkan rakyat supaya tiada siapa yang berani menyuarakan kebenaran.

"Pemerintahan BN lebih zalim daripada rejim zionis kerana tahanan sebelum dimasukkan ke ISA ditahan selama 60 hari tetapi rejim Zionis hanya menahan lapan hari saja," katanya.

Sementara itu, Lau turut menyifatkan akta tersebut sebagai bercanggah dengan prinsip Islam.

"ISA juga bertentangan dengan ajaran agama. Misalannya, ia bercanggahan dengan prinsip-prinsip kebenaran dan keadilan seperti yang diterangkan dalam al-Quran, iaitu ayat 58 surah an-Nisa', ayat 15 surah as-Syura dan ayat 90 surah an-Nahl," kata Lau, yang juga setiausaha DAP negeri.

"Penahanan seseorang tanpa perbicaraan merupakan satu bentuk pencabulan hak asasi manusia yang patut dikutuk dan dikritik sekeras-kerasnya, khususnya dalam kes ini di mana seorang wakil rakyat telah dinafikan hak dan kebebasannya untuk menjalankan tugasnya sebagai seorang wakil rakyat."

Bagi Dr Nasir pula, beliau berbangga dengan keberanian dan ketegasan Menteri Besar kerana sudi menghulurkan bantuan kepada isteri-isteri dan keluarga mangsa ISA.

Menurut beliau, ISA telah memperlekehkan perlembagaan dan perlembagaan itu menjadi sumbing dan songsang.

Katanya, penggunaan ISA itu dikekalkan kerana pemerintah BN selama ini takut dengan bayang-bayang sendiri. - mns

Sgor to help ISA detained family



Selangor sedia peruntukkan bantu keluarga mangsa ISA Saidah Hairan | Foto Nasir Sudin
Tue | May 27, 08 | 2:14:13 pm MYT

SHAH ALAM, 27 Mei (Hrkh) - Keprihatinan kerajaan negeri Selangor mengeluarkan peruntukkan membantu isteri-isteri dan keluarga mangsa Akta Keselamatan Dalam Negeri (ISA) membuktikan satu lagi kesungguhan dan kejayaan kerajaan Pakatan Rakyat yang baru tiga bulan memerintah.

Menteri Besar, Tan Sri Dato' Abdul Khalid Ibrahim menyatakan kesungguhan itu selepas menerima memorandum penyerahan lencana `Malaysia bebas daripada ISA' daripada Pengerusi Gerakan Mansuhkan ISA, Syed Ibrahim Syed Noh di lobi Avenue, SUK.

Beliau berkata, kerajaan di bawah tanggung jawab Exco Kebajikan, Hal Ehwal Wanita, Sains, Teknologi dan Inovasi, Rodziah Ismail akan mengeluarkan peruntukkan tersebut secepat mungkin.

Dalam penyerahan memo itu Khalid turut berjanji akan berusaha memansuhkan ISA dan OSA kerana ia merupakan salah satu janji Pakatan Rakyat.

Menurut beliau, kehadiran isteri tahanan dan ahli Gerakan Mansuhkan ISA merupakan kesinambungan usaha kerajaan Pakatan Rakyat mendesak memansuhkan ISA.

"Perjuangan mendesak memansuhkan ISA akan diteruskan bagi menjamin kesejahteraan rakyat," katanya.

Beliau menjelaskan, kerajaan negeri akan membiayai kos perjalanan isteri-isteri dan keluarga untuk melawat tahanan di kem kemunting, Perak.

Selain itu katanya, beberapa usaha akan dilaksanakan seperti memberi biasiswa untuk anak-anak meneruskan pelajaran dan membuat satu perusahan supaya isteri-isteri dan keluarga mangsa dapat bekerja bagi meneruskan kehidupan.

"Saya mempunyai Adun bekas tahanan ISA yang faham dan menghayati kesengsaraan keluarga dan mangsa ISA. Saya yakin mereka akan terus menyokong perjuangan yang paling penting dalam demokrasi sekarang," tegasnya.

Sementara itu, Rodziah ketika ditemui berkata, kerajaan akan memberi bantuan kepada 16 keluarga mangsa ISA yang tinggal di Selangor.

Katanya, bantuan yang diutamakan seperti membayar yuran tertunggak dan perbelanjaan keluarga khusus bagi keluarga yang berada di paras kemiskinan.

Menurut beliau, kerajaan juga akan mengkaji cadangan mewujudkan projek usahawan bagi membantu isteri-isteri tahanan meneruskan kehidupan.

Kandungan memo itu menyatakan enam keluarga mengesahkan suami dan bapa mereka telah dtahan di bawah ISA melebihi enam tahun.

Mereka Mat Sah Mohd Satray suami kepada Norlaila Othman; Abdullah Minyak Silam suami Siti Normah Ismail; Yazid Sufaat suami Chomel Mohamad; Shahrial Sirin suami Fatma Masrum; Suhaimi Mokhtar suami Jurainah Basari dan Shamsuddin Sulaiman suami Fatimah Shamsuddin. - mns

Monday, May 26, 2008

TV3 and Malaysian media do not appreciate this young HUMAN RIGHTS DEFENDER


Hope arises from the small things in life. Never discount anything simply on the grounds that it's little or tiny. Remember that oak trees grown from acorns. Everything has to start small and the future of Malaysia depends on the children of Malaysia today.

Step forward Vwaishnavi, a six year old who celebrated her birthday in Parliament. She is the daughter of Waythamoorthy, one of the leaders of Hindraf living in self-exile in Britain. Vwaishnavi attended Parliament with a cake that bore the message 'Release my Hindraf Uncles'.She is the embodiment of the struggle facing our country today. Those who speak out for their rights are thrown in prison.Those who dare to demonstrate peacefully are thrown in prison. Families left behind campaign actively for the release of these as Vwaishnavi was doing.
Vwaishnavi has already learnt at a young age that Malaysia is a place which does not treat its' citizens equally, that some are more worthy than others and that, if you are the wrong race, you will be treated as an outcast. She is campaigning for this injustice to be righted. We hope that her act will set an example and that her generation will grow up not knowing the injustice that her Indian father and uncles have suffered.

Jayanthi M

Thursday, May 22, 2008

Backbenchers Club chairman: Parliament has become like Central Market

THURSDAY, MAY 22, 2008


KUALA LUMPUR, May 22 ─ If the first day of Parliament's sitting was described as a boisterous market where only three questions were answered, yesterday it was described by one MP as "Central Market" complete with cake, candles and singing. And that despite it being the highest law-making institution in the country.

The attitude of some MPs in bringing visitors for certain purposes caused discomfort among other parliamentarians.

About 20 men and women, believed to be Hindu Rights Action Force (Hindraf) supporters, first held a news conference which turned into a birthday celebration when the parliamentary session took a break at 1pm.

The celebration was for Wvaishnari, the six-year-old daughter of Hindraf leader P. Waythamoorthy, and the group sang "Happy Birthday To You" in the lobby near the MPs' rest area.

A cake with six candles was placed on a table in the lobby.

The birthday song was sung repeatedly and MP N. Gobalakrishnan (PKR-Padang Serai) was seen carrying the child to meet fellow MPs.

Some MPs were given red roses but overall the situation was calm with no untoward incident.

Backbenchers Club chairman Datuk Tiong King Sing reminded opposition MPs that Parliament was not a place they could do as they pleased and bring in outsiders.

"Before it was a market, now it is Central Market. As the highest institution in the country, you cannot just bring in outsiders as you please. I will raise the matter with the Dewan Rakyat Speaker," Tiong said when met in the lobby.

He called on opposition MPs not to use the Hindraf issue and children to champion the cause.

Opposition parties are urging the government to release the five Hindraf leaders who are under Internal Security Act (ISA) detention.

Later, the supporters gathered in front of Istana Negara to appeal to Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin to have the five released. ─ Bernama

ISA ganas- comments

KS Ronny Padvai wrotes in MalaysiaIndian YahooGroups regarding ISA detainee Sanjeev Kumar been tortue by police,

Who is going to investigate this matter because they are Indians or are they going to close case I think few month ago YB Kit’s “Good Cop, Safe Malaysia” election theme but still going to drain. In general Malaysian police is the laughing stock of the world. The IGP is another talker but really nothing happens. Our IGP and some cops are Mesra Politicians rather than Mesra Rakyat. Rakyat not only concern about getting worst crime rate, But inside the police lock up and in ISA the prisoners welfare was not taken care or are they being treated like animals. But nowadays animals also well treated with high class food and lodging

Mkini- ISA Mengganas Lagi


ISA Mengganas Lagi!! Dipukul hingga Lumpuh ?
Tarikh : Thursday, May 22 @ 14:06:59 MYT
Topik : Artikel


Oleh Malaysiakini

Seorang surirumah mendakwa suaminya didera dan gagal
dirawat dengan rapi sewaktu ditahan bawah Akta
Keselamatan Dalam Negeri (ISA) sehingga mengalami
kelumpuhan.

Dalam laporan polisnya hari ini, Sharmila Uthiakumar
mendakwa pasangannya Sanjeev Kumar Krishnan dibelasah
dalam tempoh siasatan selama 55 hari sejak 28 Julai
tahun lepas.

"Bahagian badan dan kepala beliau ditumbuk dan
ditendang dengan kasut. Bahagian tulang beliau
ditendang beberapa kali dengan menggunakan kaki.

"Kaki kiri dan tangan kiri beliau dipukul beberapa
kali dengan menggunakan objek yang keras seperti kayu.

"Selain itu, beliau juga selalu dipukul dengan
menggunakan botol yang berisi air," kata Sharmila
dalam aduannya di ibu pejabat polis daerah Dang Wangi,
Kuala Lumpur pagi ini.

edyes wrote:

apa nak jadi nie? sampai lumpuh !!

Pertama sekali perkara ini harus disiasat terperinci.
bukan oleh polis yang 'sentiasa betul' tetapi oleh
sebuah badan bebas.

Sekiranya laporan ini sahih, sekiranya post mortem
menunjukkan memang benar lelaki ini didera sewaktu di
tahanan ISA, siapakah yang akan menjawabnya?

Siapakah yang akan jawab kejadian ini dan siapa yang
akan bertanggungjawab? ? Polis? Paklah ? Tun Mahathir?
Ini soal kehidupan, lebih baik mati dari menderita
kerana lumpuh !

ISA harus dimansuhkan !

Kekejaman ini harus lenyap dari bumi Malaysia !!!

Wednesday, May 21, 2008

ISA = KGB


http://malaysianindian1.blogspot.com/2008/05/kgb-isa-its-same-diffrence-we-are-in.html

The Internal Security Act 1960 (ISA) is a preventive detention law in force in Malaysia. Preventive detention was inherited by Malaysia as part of the colonial baggage that the British left behind.

Malaysia is one of the few countries in the world whose Constitution allows for preventive detention during peacetime without safeguards that elsewhere are understood to be basic requirements for protecting fundamental human rights.

Article 149 of the Malaysian Constitution under which a person may be detained is characterised by subjective language. Such terms as ‘substantial body’, ‘substantial number’, ‘cause to fear’, ‘excite disaffection’, ‘promote feelings of ill-will and hostility’, all embody wide areas of discretionary interpretation.

Preventive detention first became a feature of the then Malaya in 1948 primarily to combat the armed insurgency of the Malaysian Communist Party. The Emergency Regulations Ordinance 1948 was made, following the proclamation of an emergency, by the British High Commissioner Sir Edward Gent. It allowed the detention of persons for any period not exceeding one year.

The Emergency Regulations Ordinance 1948 was primarily made to counter acts of violence and, conceivably, preventive detention was meant to be temporary in application.

The emergency ended in 1960 and with it ended the powers contained in the Emergency Regulations Ordinance 1948 as it was repealed.

The power of preventive detention was however not relinquished and in fact became an embedded feature of Malaysian law. In 1960 itself, the government passed the Internal Security Act under Article 149 of the Malaysian Constitution..

It permitted the detention, at the discretion of the Home Minister, without charge or trial of any person in respect of whom the Home Minister was satisfied that such detention was necessary to prevent him or her from acting in any manner prejudicial to national security or to the maintenance of essential services or to the economic life in Malaysia.

The ISA is one of the most controversial Acts enacted under Article 149 of the Malaysian Constitution. Section 8(1) of the ISA provides that ‘(i)f the minister is satisfied that the detention or Extajudicial punishment of any person is necessary …’ then s/he may issue an order for his/her detention.

Torture is reportedly a major part of an ISA detainee's daily life. Former detainees have testified to being subjected to severe physical and psychological torture that include one or more of the following: physical assault, forced nudity, sleep deprivation, round-the-clock interrogation, death threats, threats of bodily harm to family members, including threats of rape and bodily harm to their children.

Also, detainees are confined in individual and acutely small cells with no light and air, in what is believed to be secret holding cells. These interrogation techniques and acts of torture are designed to humiliate and frighten detainees into revealing their weaknesses and breaking down their defences.

ISA detainees have even turned up with bruises, but such results of assaults will not be investigated by the police. ISA detention is effectively a free-for-all for the police to torture and assault the detainees.

Solitary confinement takes place in tiny cells that measure roughly 3-feet by 3-feet, with hardly any room to kneel and sit. These cells will not have any drainage system and are hardly cleaned.

In Anwar ibrahims's account of his solitary confinement, he mentioned that his cell was filthy and had an unbearable stench. Excrement and urine from previous detainees are left uncleaned within the cell.

Although physical abuse is typically limited to bruising, the detainees are seldom beaten up to the point of being disabled, or having broken bones. There have been cases, however, of female detainees being raped and male detainees being sodomized

Extrajudicial punishment is punishment without the permission of a court or legal authority. Agents of the state often carry out this type of punishment if they come to the conclusion that a person is an imminent threat to security.

The existence of extrajudicial punishment is considered proof that the government will break their own legal code if deemed necessary. Non-governmental or non-state actors, including private individuals, have also resorted to different forms of extrajudicial punishment, though such actions are more properly called assassination, murder or vigilantism instead

you call it I.S.A, sounds like the K.G.B

Tuesday, May 20, 2008

Passport cancellation: 'Gov't owes an explanation'

Mkini-Syed Jaymal Zahiid and Rahmah Ghazali | May 16, 08 5:04pm

MIC information chief M Saravanan said there was no need for the government to revoke the passport of Hindu Rights Action Force leader P Waythamoorthy though he is known to be severely critical towards the authorities.

The Federal Territories Deputy Minister when contacted said that the Hindraf leader should not be likened to a criminal by his passport being revoked simply for his criticism towards the government.

"The government owes an explanation to the public as to why they revoked his passport because it involves a Malaysian citizen. They have to justify their action.

"In my eyes, he's not a terrorist. He just condemned the government, but that does not mean the government can revoke his passport
," argued Saravanan.

Waythamoorthy revealed today that he had been informed by the British immigration officials that his Malaysian passport has been revoked, rendering him in as a stateless person. He is presently in Britain after leaving Kuala Lumpur last November to escape a givernment dragnet on Hindraf leaders.

Amnesty International' s Washington-based Asia-Pacific advocacy director T Kumar had earlier told AFP that Waythamoorthy has applied for asylum in the UK.

According to the British Home Office website, asylum is given under the 1951 United Nations Convention Relating to the Status of Refugees.

To be recognised as a refugee, one must have left one's country and be unable to go back because he or she have a well-founded fear of persecution because of his or her race, religion,nationalit y, political opinion, or membership of a particular social group.

The British authorities is reported to be contemplating to hold hearings to consider Waythamoorthy' s application for political asylum.

More reactions

Apart from Saravanan, various quarters also expressed their shock towards the matter.

Below are the excerpts of what these people had to say:
N Surendran, human rights and Hindraf lawyer

This act amounts up to nothing but a clear indication of political prosecution. It is a vindictive step taken by the home ministry. Not only is he under Internal Security Act threat back home (but now) he is getting harassed abroad as well. He doesn't deserve to be treated this way, all he did was raise valid concerns of the Indian minority of this country. This act shows clearly that the government cannot take criticism.

John Liu, Suara Rakyat Malaysia's managing coordinator

It's a blatant attempt by the government to stop his movement. They have no right to revoke his passport. The government is just trying to get him so that he could be detained under ISA.

Simon Sipaun, Suhakam vice chairperson

As to what reason the government has revoked his passport. Did they (revoke) the passport under certain law, or any particular legislation, and what under condition of federal constitution?
If the government wants to revoke his passport, they have to state the actual reason (according to the law).

Anil Netto, Aliran activist

I think it's unfortunate for him because he has not been found guilty of any crime. So, he also should be allowed of any movement and the government should be accountable for the decision and should make public the reason why they revoked his passport.

http://malaysiakini.com/news/83006

Passport Revoke - HM should make Ministerial Statement (Comments)

Vejay.Chin@yahoo.com comments,

Revocation of passport of Hindraf Chairman - Hamid should make ministerial statement in Parliament
The revocation of the passport of the Hindraf Chairman P. Waytha Moorthy by the Malaysian government is most undemocratic and deplorable.

The Home Minister, Datuk Seri Syed Hamid Albar should make a ministerial statement for the government’s high-handed action when Parliament reconvenes next Tuesday

Monday, May 19, 2008

Passport Revoke -Govt aggravating H5 (comments)

'Gov't aggravating Hindraf 5 issue'
May 19, 08 11:17am
‘In spite of the fact that there has been a lack of (perhaps a complete absence) of evidence that warrants any form of charges, they persist in aggravating this issue.’


On Waytha's Passport Revoked - Amnesty

Ravi Chitty: It appears that the government loves to rub salt to the injury that they have already suffered on March 8. In spite of the fact that there has been a lack of (perhaps a complete absence) of evidence that warrants any form of charges to the Hindraf 5 and P Waythamoorthy, let alone the draconian ISA, they persist in aggravating the issue.

I beseech the government to do what is morally right, that is to immediately release the Hindraf 5 and charge them in the open court if there are ANY charges to be answered to. The same is to be expected for Waytha. You cannot revoke his ‘state-ship’ by virtue of the justice he is seeking for.

The government led by PM Abdullah Ahmad Badawi must not merely ‘explain’ but undo all the injustice inflicted on these six people for they are doing what is rightfully their right to speak, fight and work for the downtrodden of this country.

I believe that such an action by the government is regressive and will merely invite more disappointment, disgust and disdain from all Anak Bangsa Malaysia. This will merely expedite the demise of BN as the government of Malaysia.

Passport Revoke - serious matter (Comments)

From : Vijey Chin

This is serious matter and have to be highlighted in the parliament's oral supplementary questions time by the govt in waiting I suppose.

Hrkh: Penindasan ISA - Rakyat harus berani hentikan kezaliman BN

Anis Nazri
Fri | May 16, 08 | 11:05:37 am MYT

KUALA LUMPUR, 16 Mei (Hrkh) - Rakyat negara ini perlu berani membuat anjakan paradigma dalam menyatakan sokongan bagi membantah kezaliman dan kejahatan ISA, yang digunakan sejak zaman penjajahan dulu.

Malah, rakyat juga diminta supaya membebaskan minda dari kongkongan BN selama 50 tahun agar lebih berani menyuarakan hak masing-masing serta mengambil tahu penderitaan orang lain yang dicabuli oleh ISA.

Pengarah Kempen Bebaskan Enam Tahun ISA, Norlaila Osman, berkata masih ada rakyat yang belum berfikiran moden dan bimbangkan pihak penguasa, kesan 50 tahun pemerintahan BN.

Mengulas kempen GMI yang dilancarkan sejak April lalu, Norlaila yang dihubungi Harakahdaily berkata bagi kempen 'Letter Signing Marathon', GMI telah berjaya mengutuskan enam ribu pucuk surat yang dihantar ke Kementerian Dalam Negeri dan Suruhanjaya Hak Asasi Pertubuhan Bangsa-bangsa Bersatu, di Switzerland, manakala, bagi kempen 'Petition Online', sebanyak 3039 tandatangan orang ramai sudah direkodkan.

Dalam pada itu, Norlaila turut memaklumkan bahawa GMI kini dalam peringkat kempen poskad, yang kemudiannya akan diserahkan kepada Perdana Menteri, Dato' Seri Abdullah Ahmad Badawi.

"Walaupun kempen poskad sudah bermula, orang ramai masih boleh menyatakan sokongan melalui 'letter signing marathon' dan 'petition online'. Bagi mereka yang ingin menandatangani poskad, ia boleh didapati daripada wakil rakyat-wakil rakyat Pakatan Rakyat," jelas beliau.

Dalam perkembangan sama, GMI dengan kerjasama GMI Perak akan menganjurkan kempen 'vigil' pada 7 Jun akan datang, yang akan diadakan di Kem Kamunting, Taiping, Perak. - mr

Wednesday, May 14, 2008

Online Petition from UK to end Human Right Violation in Msia

http://www.petitiononline.com/StopHRVM/petition.html

To: Office of the UN High Commissioner for Human Rights
Under-Secretary General, Ms Louise Arbour
The United Nations High Commissioner for Human Rights
Office of the United Nations High Commissioner for Human Rights
Palais Wilson,
52 rue des Pâquis,
CH-1201 Geneva, Switzerland

Dear Ms Louise Arbour, UN High Commissioner for Human Rights

PETITION ON BEHALF OF THE MALAYSIAN PEOPLE TO END HUMAN RIGHTS VIOLATIONS IN MALAYSIA AND TO PROTECT THE FUNDAMENTAL RIGHTS, FREEDOMS AND CIVIL LIBERTIES OF THE MALAYSIAN PEOPLE

1. We the undersigned respectfully appeal to you, in good conscience and in good faith, that you investigate into our petition and if found to be true and fair, that you apply appropriate diplomatic pressure on Prime Minister Ahmad Abdullah Badawi and the Malaysian Government to:

• charge or release immediately and unconditionally the five Malaysian human rights lawyers and activists of the Hindu Rights Action Force (HINDRAF) currently being detained under Malaysia’s Internal Security Act (ISA) 1960;

• charge or release immediately and unconditionally all other Internal Security Act detainees, estimated to be seventy at present with some detainees having been in detention for over six years;

• start or support the process to repeal the out of date and draconian Internal Security Act 1960

• start or support the process to repeal all other out of date, anti-democratic and oppressive laws such as the Sedition Act 1948, the Printing Presses & Publications Act 1984, the Universities and University Colleges Act 1971, the Societies Act 1966, the Police Act 1984 and the Official Secrets Act 1972;

• re-establish core democratic structures such as an independent judiciary, an independent free press and an independent and impartial Election Commission;

• implement the recommendation made by the Royal Commission of inquiry into alleged misconduct by the Royal Malaysian Police by setting up the Independent Police Complaints and Misconduct Commission to control potential abuse of police powers.

2. We also respectfully urge, subject to your independent investigation and findings, that you:

• recommend a Universal Periodic Review (UPR) of Malaysia’s human rights record to gauge whether Malaysia is fulfilling her obligations to “uphold the highest standards in the promotion and protection of human rights” and to ascertain her suitability to continue with her current membership (to mid 2009) of the UN Human Rights Council;

• remove Malaysia from her seat at the UN Human Rights Council if so warranted by the UPR findings and provided no action is forthcoming from the Malaysian Government to eradicate all such alleged human rights abuses and violations in Malaysia.

We thank you in advance and we look forward to your good counsel and help on this important matter of conscience.

Yours respectfully,
Ms S B Menon,
United Kingdom.

Monday, May 12, 2008

Letters on Uthaya's health

Vejay Chin wrote:

The government should not shrug of it's responsibilities to the rakyat including those detained under the ISA. If the government fail again to hear the voice of the rakyat, dissent will grow beyond control and may topple the current government of the day. As such it is only proper for the Federal government to immediately sent Mr Uthayakumar to IJN for further treatment. The popularity of Pakatan Rakyat is growing steadily, thus taking over the government is predicted by many in the alternative media. BN should take drastic action now or else the shadow government will become real. Makkal Sakthi ie The People's Power is so might that that it can send the most arrogant and recalcitrant leader to thrash.

----- Forwarded Message ----
Sent: Sunday, May 11, 2008 7:20:55 PM
Subject: ISA detainee's health: Government̢۪s responsibility

ISA detainee's health: Government's responsibility
Sunday, 11 May 2008 17:56
posted on http://groups. yahoo.com/ group/Indian- Malaysian

Many Malaysians are deeply concerned about the seemingly deliberate denial of medical treatment for ISA detainee and Hindraf adviser P Uthayakumar. The Kamunting detention centre's denial of urgent medical treatment for Uthayakumar, whose health is fast deteriorating, is a deliberate violation of the Hindraf leader's human rights, asserts Angeline Loh. Uthayakumar has been diagnosed with a cardiac problem and the Taiping General Hospital consultants have recommended that he be admitted to the National Heart Institute (IJN) in Kuala Lumpur. But he remains at the Kamunting Detention Centre without adequate medical attention.Pleas and appeals by family members and friends appear to have been stonewalled, not only by centre's authorities, but also indirectly by the federal government itself. In the first place, the reason for his detention and that of four other Hindraf leaders under the draconian and oppressive ISA is completely unclear and dubious. The continuing denial of medical treatment for Uthayakumar is seen as "cruel and inhuman treatment" as described in The Declaration on Protection from Torture 1975 and against the "purposes of the Charter of the United Nations" and represents a violation of human rights under the Universal Declaration of Human Rights. (Annex, Article 2 Declaration on Protection from Torture).What has Uthayakumar done to deserve such `torture'? This apparently deliberate act of oppression by the government may result in the death of Uthayakumar, which the Federal Government and Kamunting centre authorities must be held responsible and accountable for. Ordinary remand and other prison inmates are duly given access to medical treatment in government hospitals around the country; why not political detainees?There is no justification for such `violence' and cruelty to be practised on any human being, let alone those who have been courageous enough to speak out for their rights and the rights of others suffering from the exclusion and the oppression of poverty. Uthayakumar and other Hindraf leaders championed the cause of the poor at the end of last year, before the Barisan Nasional lost its two-thirds majority in the 8 May 2008 general elections. Their protest was not the sole cause for that loss of votes by the BN. The fundamental cause of it was the arrogance and increasingly oppressive circumstances brought about by the ruling party itself. Evidence of this can been seen in its callous attitude towards fuel price and toll rate hikes and its strangulation of the freedom of expression and the right of assembly. The oppressive circumstances included the spiralling public transport chaos, not only in the Federal Territory but also in Penang State, the neglect of the disabled and the denial of their rights, burgeoning corruption, and above all else the refusal to hold free and fair elections.All in all, it was the ruling party's own mismanagement of the country and abuse of power that spurred the rakyat to shift their support. The Barisan Nasional has only itself to blame for its losses.Uthayakumar, his family and the other Hindraf leaders, their families and supporters, should not be made scapegoats for the errors of a government that continues to turn a blind-eye to its own failures.When will the Barisan Nasional government stop these reprisals against ordinary Malaysians whose only aspiration is to live in peace and justice in a our multiracial Malaysian society?Reprisals such as this and the suppression of free expression and assembly are certainly not the solution to the symptoms of a weak administration that is conscious of its own deficiencies and progressive loss of credibility. Over-reactionary, brute force does not represent strength; it is a symptom of weakness and loss of control. The Federal government and the Kamunting authorities should allow Uthayakumar the urgent medical treatment he needs, and cease the violation of his human rights. A newly elected government should be clear in its thinking; it should advocate and adhere to principles of good governance. A fair and just government does not respond to the problems of the rakyat with reprisals but with concrete measures to alleviate their suffering.Join in the call for ALL ISA detainees to be released or tried in open court. Support the Gerakan Mansuhkan ISA and all other civil society organizations that have taken a strong position against detention without trial.

http://www.aliran.com/web-specials -mainmenu- 40/55-2008/ 570-isa-detainee s-health- governments- responsibility

Wednesday, May 7, 2008

Those are Malaysian Temples We Are Destroying

Written by Farish A. Noor
Friday, 17 November 2006
http://www.othermal aysia.org/ content/view/ 52/52/

A nation is as rich as its geography; and geography is enriched when it is overdetermined. In this respect, we in Malaysia are – or were – rich indeed. Rich because of the fact that being located as we are at the crossroads of Asia this patch of earth was the meeting point of so many cultures and civilisations that stretched from mainland China to South Asia, Central Asia, the Mediterranean and Europe.

Looking back at the maps (both oral and graphic) left since the days of Ptolemy and others, we see that this was indeed a land blessed in many ways. Across the archipelago we find some of the greatest kingdoms and empires that have ever graced the earth of humankind: Angkor, Majapahit, Srivijaya, Langkasuka, Khmer, Mataram, Vijaya, Champa, Indrapura… the list goes on endlessly. Nor were these settlements isolated: They traded with the empires of China and the numerous dynasties that ruled over mainland India and Lanka. During my trip to Sri Lanka earlier this year, I stood amidst the ruins of the great monasteries of Anuradhapura, and sat awhile in thought as I contemplated the journeys that were made by the monks of Lanka as they travelled all the way to Java, bringing with them the Theravada tradition as well as a sprinkling of Tantraism along the way. In turn the landscape of Southeast Asia bears silent witness to the great migrations of the past, with the great temple complexes of Pagan, Angkor and Borobudur reminding us of the days when the peoples of Southeast Asia were indeed global in outlook and their daily lives. No, we were never a parochial lot, us Southeast Asians.

Sadly, geography has not evolved a means of defending itself against the writing of a political and politicised history, and landscapes have precious little means to defend themselves against the onslaught of ideological reconstructionism. Southeast Asia today remains a contested landscape though the contestation in question has less to do with the scramble for resources but more with the need to erase the past in order to plant ever more firmly the stamp of the present.
We should have seen it all coming when, in the 1970s and 1980s the region was swept by a new wave of conservative religiosity that was wedded to the interests of sectarian politics: The great temple of Borobudur was the first victim, when it was bombed by radical Islamists who claimed that the time had come to `cleanse' Indonesia of its Hindu-Buddhist past, and that the destruction of the magnificent Buddhist monument would signal the coming of a new age. Some of the more radical Islamists were undoubtedly disappointed that millions of tourists were flocking to the country to see Borobudur in all her glory, and were not equally awe-struck by the Soviet-realist statues and monuments of Jakarta dedicated to the inflated egos of Indonesian politicians, or worse still, the painfully ugly utilitarian- modernist edifices built by Saudi money in the same capital…

In Malaysia we have come to hear similar voices being raised. Not too long ago a prominent religious scholar and politician known more for his arcane knowledge of Djinns and other assorted spirit-folk uttered the lament that a town up north was still named `Indera Kayangan'; and in his speech stated quite bluntly that the name of the town should be changed to something more Islamic to mirror the mood of the day. (One wonders what would serve as an appropriately Islamic name then, as if pronouns had a religious identity…)

Of late we have also witnessed the sad spectacle of the erasure of history in no uncertain terms: The destruction of Hindu temples all over the Peninsula has been cited as a case in point, though in practically every case of Hindu temple demolition we have been told that it was for the sake of `development' and that the temples in question were illegally built anyway.

One wonders if the foundations of Angkor Wat or Borobudur were laid on legally-sanctified ground as well, or whether those who built them had applied for planning permits.

One such case is the Sri Mariamman Muniswaran temple, located at Batu Lima, Jalan Tampin, near Seremban. Historical records of the estate that used to sit at the site indicate that the temple was built around 1870-1890, and so the temple may be anything between 110 to 130 years old.
Furthermore the temple – a modest structure with a simple roof sheltering the image of the local deity – is backed by a spectacular specimen of the Banyan tree species, a sprawling mass of vegetation that would bolster the claim of its relative antiquity. Even more interesting is the fact that during my visit there a couple of weeks ago, I found a tiny Chinese shrine situated behind the temple and tree, with – of all things – what appeared to be a small statue of a Javanese King as the primary totem of devotion! Here was multiculturalism at its best and most unapologetically hybrid. The combination of Hindu, Chinese and Malay elements was evident for all to see, including those who seem bent of levelling the structure down for the sake of road expansion.

Those who speak the jargon of legalese may be able to understand the rationale for its scheduled demolition. In fact on 26 February 2005 the temple structure was smashed by men wielding sledge hammers, though it was immediately rebuilt by regular devotees who visit the temple. The fate of the tiny temple is now being decided in the courts, though opinion on the matter remains divided.

Partisans to the development argument will undoubtedly claim that the loss of one more temple would make no difference to the landscape. After all, many others have fallen under the hammer and the bulldozer, so why not this one? But here one is forced to interject by stating the obvious.

It has often been said that such `Indian temples' are an eyesore, that they have been built illegally, that they somehow do not `match' with the overall flavour and patterns of the Malaysian landscape. Lest it be forgotten, let us remind ourselves of some basic facts:
Firstly, these are NOT `Indian' temples that are being destroyed, but rather Malaysian temples that are just as much a part of the Malaysian cultural-religious landscape as any other mosque, church or pagoda in the country. To call them `Indian temples' would suggest an Otherness and alterity they do not profess nor possess. They were built by Malaysian Hindus on Malaysian soil and are therefore a part of the Malaysian landscape.

Secondly the recognition of the Malaysian character of these temples would mean recognising that Hinduism has been and remains part of the cultural fabric of Malaysian society, and is not some alien faith and cultural system that was transplanted to the country yesterday while we were all sleeping. There is nothing new, odd, alien or unusual about Hinduism in Malaysia. In fact it counts as one of the foundations of Malaysian and Malay identity and has been part of the organic culture and history of the Malaysian peoples more than any other belief and cultural system.
The Malay language itself is proof of this, and if you wish I can cite you a Malay sentence that is made up almost entirely of Sanskrit words: "Mahasiswa-mahasiswi berasmara di asrama bersama pandita yang curiga".

Thirdly, the defence of these temples should be seen by all Malaysians as a Malaysian concern, and not that of the Hindus of Malaysia solely or exclusively. Living as we do in a country whose history is being diluted on an hourly basis, we all need to recognise the fact that this land of ours is rich in culture and history only as long as we collectively preserve and protect it. The systematic destruction of the spiritual landscape of Malaysia should therefore be seen as a Malaysian concern, for all Malaysians; and this should not be pathologised as simply a `Hindu' problem, or worse still, an `Indian problem'. (To which one might add that there are no `Indians' in Malaysia save for those who carry Indian passports and happen to be citizens of India. The rest are Malaysians who may or may not identify themselves as believing, practising, nominal or even atheistic Hindus.)

In short, what we are witnessing today is the destruction of Malaysian temples, and that is why we Malaysians should be concerned. It doesn't matter what religion you may or may not choose to profess: this is an issue that needs to be addressed by us collectively. To recognise that these temples are Malaysian temples means locating them here, at home, as part of our collective identity and what defines us as what we are. I grew up in a neighbourhood of Kuala Lumpur where at dawn I could hear the sound of the azan from the mosque and the chimes of the Hindu temple nearby. Today the temple bells are being silenced; and my world – and yours – is poorer as a result.

posted by Admin.Hindraf@gmail.com

Malaysia: Racism is allowed, protest against racism isn't

Malaysia is in the news again after hundreds of its citizens of Indian origin under the aegis of the Hindu Rights Action Force demonstrated on 25 November 2007 outside the British High Commission in Kuala Lumpur seeking US$ 4 trillion compensation from the British government for bringing the indentured labourers from India. The real focus was not the British government but the Malaysian government's racist policies and practices which have crippled the Indian origin Malaysians.
The Malaysian government banned the demonstration on the ground that the protest may create "racial tensions". Obviously, State-sponsored racism and racial preferences are allowed but any protest against such racism and racial discrimination is classified by the State as "seditious" and "criminal".

I. Racism and its impact on minorities in Malaysia

Under Article 2(2) of the International Convention on the Elimination of All Forms of Racial Discrimination, State parties can "when the circumstances so warrant, take, in the social, economic, cultural and other fields, special and concrete measures to ensure the adequate development and protection of certain racial groups or individuals belonging to them, for the purpose of guaranteeing them the full and equal enjoyment of human rights and fundamental freedoms". It further states, "These measures shall in no case entail as a consequence the maintenance of unequal or separate rights for different racial groups after the objectives for which they were taken have been achieved".

These measures are intended towards the oppressed groups. But in 1971, the Malaysian government introduced New Economic Policy (NEP) to perpetuate the rule of the majority Malays. The NEP provided affirmative action programmes for the majority "Bhumiputras" (sons of the soil) i.e. the ethnic Malays in business, education and the civil service. Within two decades, the NEP had crippled the Indian and Chinese origin Malaysians. Yet, in 1991, the NEP was revised under the New Development Plan (1991-2000) to achieve further socio-economic upliftment of the Bhumiputras. The same preferential treatment of the majority Malays continues under the New Vision Policy (2001-2010).

The statistics of the devastating impact of the pro-Bhumiputra policies are telling.

Today, Malaysia is one of the South-East Asia's most vibrant economies and the socio-economic conditions of the majority Malays have improved exponentially. But there has been little improvement of the conditions of the Indian origin Malaysians.

In 1970, the overall share of wealth of the ethnic Indians stood at 1.1 percent but three decades later, their overall share of wealth increased only slightly to about 1.5 percent which is disproportionately less in relation to their population. [1]

Indian origin Malaysians constitute about 8% of the total population. But, they also constituted 15 percent of juvenile delinquents, about 50 percent of all convicts in prisons in 2004, [2] and 41% of the beggars in 2003. [3] According to Hindu Rights Action Force, the percentage of Indians in the civil service fell from 40% in 1957 to less than 2% in 2005. [4] According to official records, 30-35 Indian origin Malaysians per 100,000 committed or attempted to commit suicide annually as compared to 10-12 Malaysians per 100,000 in 2006. [5]

In education, Indian origin Malaysians made up of less than 5% of the total university intake of over 45,000 annually. Nearly half of the 523 Tamil vernacular schools do not receive any government funds although they are in shambles. [6]

In addition, their religious freedoms are violated. Under Article 3 (1) of the Constitution of Malaysia, Islam is the religion of the Federation. According to the Hindu Rights Action Force, there is an "unofficial policy of Hindu temple cleansing in Malaysia". At least three Hindu temples were demolished, one was partly destroyed and two others had been served demolition notices in Kuala Lumpur and neighboring Selangor state since February 2006. [7]

II. Repression to silence protest against racism

Malaysia remains a truly Police State. It resorted to high-handedness to bludgeon the protestors on 25 November 2007. The Malaysian riot police broke up the rally by using disproportionate force – using batons, tear gas and water cannon against unarmed protestors. [8]

The state also invoked the Sedition Act though on 26 November 2007, police had to release three Hindu Rights Action Force leaders including its President, Waythamoorthy, legal advisor, P. Uthayakumar and V.S. Ganapathi Rao [9] for failing to produce any evidence of their alleged seditious statements. [10] On 27 November 2007, Prime Minister Abdullah Ahmad Badawi stated that the draconian Internal Security Act, whch allows suspects to be detained for indefinite period without charge or trial, could be used against the demonstrators arrested on 25 November 2007. [11] More than 70 people are currently detained without trial under the Internal Security Act and some of them have been detained for more than six years. [12]

Moreover, many students face suspension under the Universities and University Colleges Act 1971 which prohibits undergraduate students from taking part in demonstrations. Under this Act, those arrested and charged in court are suspended and are allowed to resume their studies only if the cases against them are dropped or if they are acquitted. Hence, those who participated in the rally on 25 November 2007 could face suspension of their studies.

It is high time that the international community protested against the racist policies and practices of the Malaysian government and the use of the Internal Security Act against those who protest against the policies and practices of the "racism and racial discrimination" .

[1] . Criticism of 30-Year-Old Affirmative- Action Policy Grows in Malaysia, The International Herald Tribune, 5 JANUARY 2001, http://www.iht. com/articles/ 2001/01/05/ kuala.2.t. php?page= 2
[2] . RIGHTS-MALAYSIA: Ethnic Indians Demand Fair Share of Prosperity, IPS, 17 October 2005, http://ipsnews. net/interna. asp?idnews= 30656
[3] MALAYSIAN INDIANS: The third class race by C. S. Kuppuswamy, South Asia Analysis Group, 28 February 2003, available at http://www.saag. org/papers7/ paper618. html
[4] . RIGHTS-MALAYSIA: Ethnic Indians Blame Britain for Sorry Plight, IPS, 11 September 2007, available at http://ipsnews. net/news. asp?idnews= 39221
[5] . Suicide rate high among ethnic Indians in Malaysia, Daily News and Analysis, 23 July 2006, http://www.dnaindia .com/report. asp?NewsID= 1043361
[6] . RIGHTS-MALAYSIA: Ethnic Indians Blame Britain for Sorry Plight, IPS, 11 September 2007, available at http://ipsnews. net/news. asp?idnews= 39221
[7] . Hindu group protests 'temple cleansing' in Malaysia, The Financial Express, 23 May 2006, available at http://www.financia lexpress. com/old/latest_ full_story. php?content_ id=128069
[8] . Malaysian police break up rally, BBC News, 25 November 2007
[9] . Police arrest Hindraf leaders, The Star, 23 November 2007, available at http://thestar. com.my/news/ story.asp? file=/2007/ 11/23/nation/ 20071123123403&sec=nation
[10] . Malaysia Hindu activists released, BBC News, 26 November 2007
[11] . Malaysia PM issues demo warning, BBC News, 27 November 2007
[12] . Malaysia PM issues demo warning, BBC News, 27 November 2007

Monday, May 5, 2008

Msian NGOs- urged HINDRAF leaders to be released

NGO India gesa Hindraf 5 dibebaskan

May 3, 08 12:52pm
Gabungan Pertubuhan India Malaysia menyokong gesaan Barisan Bertindak Hak Hindu (Hindraf) supaya dibebaskan segera lima pemimpin mereka yang sedang ditahan di bawah Akta Keselamatan Dalam Negeri (ISA).Ia juga menggesa rakyat supaya turut menyokong rayuan mereka melalui kempen poskad di seluruh negara, meminta perdana menteri supaya membebaskan segera pemimpin HIndraf terbabit.Kempen itu juga bertujuan untuk meyakinkan kerajaan bahawa keputusannya untuk menahan mereka adalah satu penyalahgunaan proses undang-undang.Setiausaha gabungan tersebut, Gunaraj George berkata, persepsi rakyat bahawa penahanan pemimpin Hindraf itu adalah wajar, kini semakin terhakis dan langkah segera perlu diambil untuk memperbetulkan keadaan."Kerajaan mungkin boleh mencadang tempoh bila mereka akan dibebaskan dan boleh meminta anggota (Hindraf) jangan mengadakan demonstrasi dan perhimpunan untuk menuntut pembebasan lima pemimpin mereka itu," katanya.Lima pemimpin Hindraf itu - M Manohan, P Uthayakumar, V Ganabatirau, R Kengadharan dan K Vasantha Kumar - ditahan pada 13 Disember lalu bawah ISA selepas terbabit menganjurkan perhimpunan 25 November lalu serta membuat kenyataan yang berunsur hasutan terhadap kerajaan.Dalam pilihanraya umum 8 Mac lalu, Manoharan, yang mewakili DAP, menewaskan calon Barisan Nasional (BN) Ching Su Chen dengan majoriti 7,184 undi di kerusi Dewan Undangan Negeri Kota Alam Shah, Selangor.
Hadap ke mahkamah
Beliau akan mengangkat pada pagi 8 Mei depan di Kem Tahanan Kamunting.Gunaraj berkata, beliau yakin pemimpin Hindraf itu akan dibebaskan tidak lama lagi tanpa perlu melalui menjalani tahanan selama dua tahun, memandangkan kes mereka telah menarik perhatian masyarakat antarabangsa dan implikasinya terhadap hak asasi manusia di Malaysia."Malaysia adalah sebuah negara yang progresif dan pesat membangun."Publisiti negatif bahawa kerajaan sedang menahan lima pemimpin masyarakat tanpa bicara, akan menjejaskan reputasi Malaysia di arena antarabangsa, " katanya.Menurut Gunaraj lagi, beliau pasti kerajaan menyedari perkara itu dan akan berbuat sesuatu untuk menyelamatkan reputasi negara.Beliau juga menggesa kerajaan supaya sama ada membebaskan pemimpin Hindraf berkenaan atau mendakwa mereka di mahkamah."Adalah tidak adil untuk menahan mereka di bahawa ISA hanya kerana menyuarakan rasa tidak puashati mereka terhadap dasar-dasar kerajaan yang meminggirkan masyarakat India," katanya.Menurutnya, pemimpin Hindraf bukanlah penjenayah dan ini harusi diambilkira boleh pihak berkuasa di samping terdapat undang-undang yang mencukupi untuk digunakan sekiranya mereka melakukan sebarang kesalahan.

Sunday, May 4, 2008

Mkini- Delimma of an ISA detainee's wife

Dilemma of an ISA detainee's wife
Rahmah Ghazali Apr 30, 08 7:48pm

Her husband has been held under the Internal Security Act (ISA) at the Kamunting detention camp for the last six years, as a suspected member of regional terrorism group Jemaah Islamiah.This afternoon, her frustration spilled over, despite the knowledge that going public with her views could expose Mat Sah Mohd Satray to some kind of punishment.Norlaila Othman was in a 20-member delegation in Parliament House to support the submission of a memorandum to Opposition Leader Dr Wan Azizah Wan Ibrahim and Home Minister Syed Hamid Albar.The joint memorandum, by Abolish ISA Movement (GMI) and the Human Rights Committee (HRC) of the Bar Council, demanded the release all the detainees and the abolition of the ISA.Syed Hamid did not show up, but at a press conference, Norlaila alleged that she has been warned to keep quiet about her husband.“I was told by the Special Branch that my husband could be detained for another six years if I talk to Wan Azizah and the media. But I can’t keep quiet. I need to tell everyone about this.“Two years ago, I ambushed the prime minister in Seremban. The next day, my husband was put in a confinement cell. There was no window, no lights, just a few small holes for air.“My biggest worry is my husband’s condition. I don’t know what will happen to him when this (story) is published. But I don’t give a damn what happens to us.”Apart from Wan Azizah, other MPs at the press conference were Charles Santiago (DAP-Klang), Tian Chua (PKR-Batu) and Mahfuz Omar (PAS-Pokok Sena).

Syed Hamid was criticised for not having visited the ISA detainees or taking a closer look at the situation on the ground.“I urge the minister to go to Kamunting and visit them personally, rather than sign detention orders in his office,” said HRC deputy chairperson Amer Hamzah Arshad.The 20-member delegation included S Pushpaneela, the wife of M Manoharan, and V Raidu, the brother of S Ganapathi Rao.Manoharan and Ganapathi are among five Hindu Rights Action Force leaders currently being detained in Kamunting for two years, on grounds that they are a ‘threat to national security’. The group handed out Malaysia Bebas dari ISA (ISA-free Malaysia) badges to those present, which Wan Azizah then distributed personally to other MPs in the lobby and cafetaria.Among those who accepted the badges were Mukhriz Mahathir (BN-Jerlun) and Khairy Jamaluddin (BN-Rembau).When Wan Azizah placed a badge against Khairy’s chest (right), he smilingly remarked: “You’re very naughty, you know I can’t remove your hand. I will not wear it, but I will accept it.”

Mkini- Letter - True Democracy cannot mature with ISA around

True democracy cannot mature with ISA around
Ashvin Raj May 2, 08 4:46pm

I read with much scepticism of Minister in the Prime Minister’s Department Zaid Ibrahim’s recent statement that he finds the Internal Security Act (ISA) and Official Secrets Act (OSA) unacceptable. He was quoted as saying that he is against any unjust and harsh laws which and this includes the ISA and OSA.
However, this was contradicted by the Home Minister Syed Hamid Albar who said that such laws will not be abolished, as they are needed for the purpose of maintaining public order. In such a scenario between two conflicting statements, what would be the public stand of the prime minister?
Would he seek to abolish such oppressive laws in the newly-convened Parliament in agreement with his own minister in his department? Or would he seek not to, in the interest of the home minister’s recent remarks?
I would certainly not be surprised if Pak Lah remains defiant in not wanting to abolish the ISA and OSA, as it has served to protect BN’s interests for the past 51 years after Merdeka. After all, he was the one who authorised the detention of the Hindraf activists and accused them on baseless grounds of being a threat to national security.
The opposition and the vast majority of the general public have long seen the ISA to be a notoriously oppressive law. In the name of national security, the ISA has been used as a convenient political tool that allows for indefinite detention without trial. The ISA is an obnoxious piece of legislation that has no place in a democracy.
Former detainees have published horrifying accounts of their detention under the ISA when they have been subjected to solitary confinement without access to family members, lawyers and friends. Police interrogators have routinely subjected ISA detainees to physical and mental torture in order to 'turn them over’.
All this amounts to human rights abuse and a barbaric treatment of individuals who have never been tried, let alone convicted, in an open court. These acts of injustices are an obscene affront to human dignity and a mockery of democracy. They violate the teachings of all religions in our nation, because it has demeaned human life.
The ISA is an unjust law, where its so-called legal practices represent a crime against humanity. As always, the 'threat to national security' has been a flimsy catch-all excuse for not charging and trying so-called suspects in open courts.
How do you expect the continued existence of the ISA to foster a reformed democratic society when this oppressive law looms as an ever-present threat over the lives and liberty of ordinary Malaysian citizens? True democracy cannot mature when people are being threatened with detention without trial.
The basic principle of natural justice is that the accused must be given the right to be heard must be unconditionally upheld. I therefore sincerely hope that Zaid Ibrahim and Pakatan Rakyat will pressure the federal government in Parliament to immediately charge and try all ISA detainees in an open court or release all ISA detainees still incarcerated.
Otherwise, there will not be any true judicial reform as pledged by the prime minister - through the appointment of Zaid Ibrahim to be in charge of legal affairs - and it will only remain a mere rhetoric.

Economist- Wind of change in Msia

The winds of change
Could the opposition take power after 51 years?
AFP Prime minister in waiting again

AS MALAYSIA'S new parliament opened this week, a mood of change was in the air not felt since the country's independence from Britain in 1957. The governing coalition, led since then by the United Malays National Organisation (UMNO), is panicking after suffering its poorest-ever showing in the general election held in March. The knives are out for Abdullah Badawi, the prime minister. The opposition, newly assertive and, so far, united behind its leader, Anwar Ibrahim, claims that at least 30 MPs from the ruling coalition are preparing to defect, which would be enough for it to take power. A change of government in Malaysia—a fanciful notion until recently—now seems a real possibility.
To fend off calls for his resignation Mr Badawi has said that after UMNO's annual conference, which has been postponed until December, he will discuss handing the party leadership (and thus the prime ministership) to his deputy, Najib Razak. Not soon enough, say his internal critics, including Mahathir Mohamad, the prime minister's embittered predecessor, and Razaleigh Hamzah, a former finance minister and rival to Dr Mahathir, who intends to run for the leadership. Mr Badawi has pleaded with local party branches to stop calling emergency meetings to discuss the poor election result and question his leadership, so far to no avail.
In a bid to salvage his reputation, Mr Badawi has belatedly started keeping the bold promises of reform that he made on coming to office in 2003. Foremost among these was curbing corruption within the government. But the public thinks it has actually worsened under his administration. Last year, grave allegations against the then head of the Anti-Corruption Agency (ACA) and the national police chief were dismissed by the attorney-general's office for “lack of evidence”. The prime minister announced this month that the ACA, widely seen as subservient to the politicians it is supposed to supervise, would be replaced by a more independent body. Opposition leaders are pressing him to create an independent police-complaints body, a promise Mr Badawi had broken after meeting stiff resistance from police chiefs.
Another of Mr Badawi's pledges, unkept until now, was to reform the country's weak and mistrusted judiciary. The justice system was wrecked by Dr Mahathir in 1988, after the courts ordered UMNO's dissolution. Dr Mahathir had the constitution changed to strip the courts of their independence from government. He also sacked the head of the Supreme Court and five other senior judges. Last year the opposition highlighted the need for judicial reforms by releasing a video-clip of a top lawyer apparently boasting of his ability to fix judicial appointments. In his cabinet shuffle after the election Mr Badawi appointed a prominent legal reformer, Zaid Ibrahim, to shake up the justice system. Last month the prime minister announced that the changes would include a new, independent commission to recommend candidates for the judiciary. The six judges sacked in 1988 will be given compensation but no apology.
Other better-late-than-never measures from Mr Badawi include loosening the state's tight grip on the press. Mr Anwar's People's Justice Party is to be allowed to publish its own newspaper, a right it has been seeking for ten years. The government has also revoked its ban on Makkal Osai, a paper read by the country's ethnic-Indian minority, which had given ample coverage to the opposition's election campaign and to Hindraf, a radical protest group campaigning for the Indian minority's rights, which the government has accused of terrorist links. The government is also reconsidering some of its lavish public-works projects, which have a tendency to be awarded to UMNO-friendly firms. A high-speed “bullet” train link between Kuala Lumpur and Singapore, costing 10 billion Malaysian ringgit ($3.2 billion), was the first to come under review.
Welcome as they are, these moves seem unlikely to save Mr Badawi. Mr Anwar crows that his opposition coalition, the People's Alliance, will be in government by September. He says he is simply waiting until he has enough potential defections from the government benches to secure a comfortable majority before making his move. There have been a few defections at state level but, so far, no MPs have jumped. Mr Anwar has been courting support in the Malaysian part of Borneo, hoping that some of the gaggle of pro-government parties there—on which the ruling coalition now depends for its majority—might defect en masse.
Mr Anwar has been prime minister in waiting before. He was deputy to Dr Mahathir until 1998 but the two men fell out and the then prime minister had him jailed on dubious charges. A ban on Mr Anwar's taking political office expired last month. Rebranded as an anti-UMNO reformer, he can now stand for parliament again. His chances of success in his second shot at power hinge not just on whether he can attract enough government MPs—ideally principled ones, not just those available to the highest bidder—but on whether his opposition coalition, an uneasy mix of secularists, Islamists and ethnic-Chinese activists can hold together.
http://www.economist.com/

MalaysiaToday- RPK on Karpal's Appeal on release Hindraf 5

Raja Petra Kamarudin

Karpal Appeals To PM For Hindraf Leaders' Release

KUALA LUMPUR, April 23 (Bernama) -- DAP Chairman Karpal Singh today appealed to Prime Minister Datuk Seri Abdullah Ahmad Badawi to instruct Home Minister Datuk Seri Syed Hamid Albar to revoke the detention order on the five Hindraf leaders detained under the Internal Security Act (ISA).
Karpal said that despite the detention orders by the King, Syed Hamid could at any time under the law revoke the orders on the five leaders of the Hindu Rights Action Force (Hindraf).
The King had on March 26 ordered for the leaders two-year detention, effective Dec 13 last year, be continued until completion.
"I would have thought, in line with the reconciliatory stance of the government in bringing about reforms, including setting up of a judicial commission for the appointment and promotion of judges, the five leaders would have been set free to rejoin their families.
"In fact, the Government should, in line with this approach, repeal the ISA," said Karpal, who is also Bukit Gelugor MP, in a statement tonight.
On Dec 13 last year, the authorities detained M. Manoharan, P. Uthayakumar, V. Ganabatirau, R. Kenghadharan and K. Vasanthakumar for organising a mass rally in the federal capital and making demands for the rights of Indians in the country.


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Nik Aziz’s son was detained for more than five years. Do you know the name of this son? There are about 90 or so ‘Muslim terrorists’ who are in their seventh year of detention. Okay, we have five Hindraf activitists, now popularly known as the HINDRAF 5, who have been under detention for the last four months. And their names are M. Manoharan, P. Uthayakumar, V. Ganabatirau, R. Kenghadharan and K. Vasanthakumar. Yes, that’s right, five Indians going by the name of M. Manoharan, P. Uthayakumar, V. Ganabatirau, R. Kenghadharan and K. Vasanthakumar have been under detention without trial since the last four months and we want them freed without any further delay.
That’s work with me. I am all for it. Now, can be list down the names of the other 90 or so Malaysians who have been detained for up to six to seven years? The five Indians are called M. Manoharan, P. Uthayakumar, V. Ganabatirau, R. Kenghadharan and K. Vasanthakumar. I want to know the names of the other 90 Malaysians -- Malays, Chinese, Indians, and other ‘natives’. Can we also list their names down? Who are they? Where are they from? The five Indians have been under detention since Christmas last year. Some of the other 90 have been under detention for six or seven Christmases.
I believe in FIFO (first in, first out) not LIFO (last in, first out). Okay, we know that the HINDRAF 5 -- M. Manoharan, P. Uthayakumar, V. Ganabatirau, R. Kenghadharan and K. Vasanthakumar -- have been detained for the ‘crime’ of organising a massive demonstration in Kuala Lumpur on 25 November 2007. What are the crimes of the other 90 -- whom no one cares what their names are?
According to the government, the HINDRAF 5 are under detention because they have links with international terrorists and had planned to create chaos in Malaysia. Of course, that is a government lie and we certainly don’t believe that lie. Also according to the government, the other 90 have been detained because they too have links with international terrorists and they too had planned to create chaos in Malaysia. The government could be correct on this one because most of these 90 or so are Muslims and, according to America, all Muslims are terrorists.
Okay, maybe not all 1.2 billion or so Muslims are terrorists. Maybe only 0.1% of Muslims are terrorists. But that means we have to be careful about the balance 99.9% because they could also be terrorists since they share the same religion.
Hmm…is not the government using this same argument to detain the HINDRAF 5? Since 0.1% Indians in Sri Lanka are terrorists then M. Manoharan, P. Uthayakumar, V. Ganabatirau, R. Kenghadharan and K. Vasanthakumar must also be terrorists since they share the same skin colour and religion.
As I said in my earlier piece, yes, let us fight for the release of the HINDRAF 5. I agree that they are victims of political persecution. But if you do not want to also fight for the release of the other 90 at least mention their names to show that you know who they are.
In fact, there are also some Chinese amongst those 90. Yes, and I bet you did not know that. I bet you do not know how many of them are Chinese. And I further bet you do not know what their names are. And I dare bet my last dollar that you don’t know why they were detained and how long they have been under detention.
Do you know, 20 years ago, a young Chinese girl from Kuala Terengganu was detained because she spoke about Jesus Christ to some Malays. The Malays reported her and the unfortunate girl was detained under ISA. Don’t you Chinese, in particular you Christians, feel outraged? Or is it you don’t dare express outrage or else you will also have to express outrage about the Muslims who have been detained for more than six or seven years?
One of my schoolmates, Hilmi, was also detained under ISA. He was detained because he left Islam to become a Christian and eventually went up to become a senior priest in the church. I bet you will now express outrage about Hilmi’s detention because he is a Malay who became a Christian. But if he was a Malay who remained a Muslim then you probably would not be interested to know why he was detained.
I met one Chinese woman while she was still under ISA detention who told the Suhakam Commission of Inquiry that she was asked to strip naked so that her Malay jailors could feast their eyes on her naked body. Still not outraged yet? Okay, I also met a Chinese chap who was beaten senseless. He no longer knew how long he had been detained. He just sat there and cried and was not able to utter a word. They had beaten him so bad that he had lost his mind. The Suhakam Commissioners were speechless and did not know what to say. I hope, now, you are outraged and can see the ‘logic’ of broadening your focus beyond just the HINDRAF 5.
DAP is not a Chinese party. No doubt 30 Indians contested under DAP’s banner on 8 March 2008 and Hindraf was certainly a factor that swung the election results. But we must not just ‘bodek’ the Indians. If DAP wants to be perceived as a ‘Malaysian’ party, rather than a Chinese party that is merely exploiting the Indian issue, then it has to broaden its ‘perjuangan’. PAS is currently debating whether to admit non-Muslims into the party. If they vote in favour of that move, and Chinese Christians and Indian Hindus join PAS, then DAP may become irrelevant. And there are Indians and Chinese waiting to jump into PAS the instant it opens it doors to the non-Muslims.
The new Speaker of the Selangor State Assembly finally wore a songkok when he went before the palace to take his oath of office. Earlier, this Chinese State Assemblyman from DAP wrote in his Blog that he will never wear a songkok and that he will boycott any function that requires him to wear one.
Kurang ajar sungguh! He has been a State Assemblyman for many terms and is now the Speaker of the Selangor State Assembly and he still does not know that one must never mengadap Tuanku with a ‘kepala gondol’ (naked head). Even if you mengadap the Queen of England or the Emperor of Japan you can’t do so with a naked head. This is called ‘dress code’.
I remember once when Sultan Hisamuddin Alam Shah, the Sixth Sultan of Selangor, was denied entry into the Lake Club. He was actually the guest of honour of the Club President and was being escorted there by my grandfather, Raja Sir Tun Uda. But they were both denied entry into the Lake Club, so the Sultan and my grandfather just turned around and went home without a fuss.
Even a Sultan can be denied entry. And he did not say anything or protest even though he was a Sultan and wielded immense power in those pre-Merdeka days. Do you think it is unfair if the Sultan denies someone entry into the palace if that person refuses to observe the proper dress code? Anyway, some were in fact not properly attired when they mengadap the Sultan recently but Tuanku did not make an issue out of it. Tuanku was very accommodating and chatted with everyone in a very friendly manner even though some were ‘disrespectful’ or, in palace lingo, tidak beradat.
Let us grow up and move ahead (even the Sultan was prepared to close his eyes to the DAP ‘protest’). We need to rise above the ‘I refuse to wear anything that is Malay’ tantrum. And Karpal Singh should stop whacking those DAP leaders who wore the songkok during the recent swearing-in ceremony because this will just make these people suffer from songkok phobia. And to throw up the excuse that they refuse to wear the songkok because ‘it is something Malay’ does not go down well with the Malay grassroots who are already being poisoned by Umno that ‘Malay land is falling into the hands of the Chinese’. Why make it easier for Umno to convince the Malays that this is so?
Okay, the very stubborn State Assemblyman who would rather get sent to hell than wear a songkok finally relented and wore one. Of course, wearing a songkok is a small sacrifice when the prize is the position of Speaker of the Selangor State Assembly. DAP had earlier decided that they will leave it to each state to decide whether to wear one or not. And Selangor decided that they will wear one when they mengadap Tuanku in keeping with proper adat istiadat istana. So can Karpal please now leave them alone and stop whacking them for ‘becoming like Malays’.
And if these Wakil Rakyat, both Members of Parliament and State Assemblymen, do a good job, the Rulers may want to reward them. I know Karpal is not happy if any of the DAP leaders become Datuk or Tan Sri or, heaven forbid, Tun. Hey, this is the way the Rulers reward dedicated, hardworking, loyal and faithful servants of the people. So please stop warning the DAP leaders that if the Rulers offer them any award, decoration or title they should reject them like how Lim Kit Siang did so some years back.
Would you rather they buy them from Umno like all those other Chinese towkays and tycoons? For RM100,000 to RM250,000, depending on the state, the Chinese and Indians tycoons can get a datukship. Fortunately, though, those are not states that are under Pakatan Rakyat control. If the Rulers feel that some DAP leaders have done a great job and Their Highnesses would like to decorate them, then let it be. Hey, maybe not a single DAP leader will get a datukship until the day he or she dies. But in the event the Rulers decide they would like to dish some out, then stop getting in the way. Just allow the DAP leaders to accept these awards. After all, if they have done a good job then they deserve these awards.