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Clarifications on Lina Joy judgement - examining the details

Thanks once again to politikus‘ reporting for Malaysiakini, I’m learning a bit more about this case, which I hadn’t really taken the time to learn earlier.

This is obviously a very emotive issue. All the more reason to be clear on what exactly is being decided in the courts.

People who think (including me, arguably, in the earlier post) about this in simple terms of not being allowed by the law to renounce a religion may not be 100% on the mark.

As far as I understand, it’s like this:

- Lina was a Muslim who renounced Islam.

- She went to the National Registration Department (NRD) to have the religion on her IC and on record changed.

- The NRD said: for us to change the religion on your IC, we need a certificate from the Syariah Court stating that you have indeed renounced Islam.

Here is where it gets sticky.

Some would argue that this is perfectly reasonable. Maybe all Lina has to do is go to the Syariah court and apply to have them recognise her renunciation of Islam. If the Syariah court were to grant this recognition with no fuss, that could well be the end of the story.

Another argument might be that as she is no longer a Muslim, Lina should not in any way, shape or form have to submit herself to the jurisdiction of the Syariah under any circumstances.

A further complication is of course if and when the Syariah court refuses to recognise her renunciation, and no recourse to the civil courts is allowed to appeal that refusal. It would appear that *that* would more accurately be the ‘death knell of freedom of religion in Malaysia’ or any such thing.

I’m a true, hardcore believer in the equality of religions. Whatever the case, I do hope that amidst all those who feel passionately about this, cool heads (like Lulu’s) will prevail.

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Lina Joy denied application to convert, no remedy

Malaysiakini’s intrepid reporter has the flash.

Arguably, this means freedom of religion in Malaysia does not apply to all (update: actually, this might be a hasty proclamation - do have a look at my updated thoughts). Yesterday, politikus and I were discussing the case, and she told me that there was the possibility of providing ‘remedy.’ Something about allowing her to convert, but not letting that judgement stand as precedent for future cases. But even that didn’t happen.

Doing what I do, I couldn’t help but also think that this might have been a decision to appeal to the Malay vote, at a time when the non-Malay vote is so strongly leaning against the government. Umno probably decided that every inch of Malay voting ground must be defended at all cost.

In any case, I’m a little sad for Lina :(

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Anwar’s decision re: KeADILan presidency - brief analysis of considerations

Let’s take a brief look at the cost benefit analysis for the two things he coulda done:

a) Fight the ROS decision to the bitter end

Should Anwar have decided to challenge the ROS decision in courts, we could have expected a galvanisation of the hardcore party streetfighters. The fighting spirit it would have engendered would have electrified some of the party’s most loyal supporters and re-inspired much of the spirit that imbued the first Reformasi days.

Some say that the embers within the party faithful that were born in street struggles have been fading; that the battles that once rallied excitement and fire have been in short supply. A decision to be defiant in the face of injustice and refuse to acknowledge Anwar’s controversy-ridden conviction would have clearly reversed this trend and provided a massive shot in the arm. It would have been Reformasi all over again, consequences be damned.

There was no consensus on just how bad those consequences may be. Some felt that if Umno could be deregistered and reregistered in 1988, what was the big problem with recreating KeADILan in some new form?

It was also recalled however, the government effectively had every power to deregister the party and announce general elections on the very same day. The prospects for KeADILan in such a situation would have been disastrous. The choices facing the party would have been to contest as independents, under DAP or PAS, or not at all. Probably wouldn’t have boded well for the party.

b) Bide his time

In choosing his battles, Anwar has decided against encouraging the further ire of people who feel that instead of the government of the future, KeADILan is but a reckless protest party that thrives on public disturbance. This is perhaps the most significant consideration and implication of the decision; it demonstrates a deep dedication to fighting for the middle ground in Malaysian politics by putting the views and concerns of centrist, law abiding Malaysian citizens at the forefront of the decision making progress.

There is much sympathy, and rightfully so, to the view that in the fine tradition of Gandhi and Martin Luther King, unjust laws are not to be submitted to, but instead resisted peacefully and fought to the bitter end.

The only question is whether the bar on Anwar constitutes a crisis on the scale of institutionalised racism or colonialism. Both of the latter examples constitute injustices that threatened to run forever, whereas Anwar’s ban has a clear timestamp on it – after which no legal recourse can prevent Anwar and KeADILan from doing whatever they want politically.

How long is eleven months in the life of a party’s struggle? After more than six years in prison, Anwar appears to have shown his dedication to die for a cause; his decision to forego the presidency until the right time seems to be his dedication to live for one. Lose the battle to win the war, one might say.

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Anyway, all has been said and done, and for machais like me, it’s mostly a matter of making the best of whatever’s been decided. I guess we’ll also keep a watchful eye on whatever fallout there might be.

Lim Guan Eng wasn’t too happy with some of Azmin’s statements regarding not using an ethnic model for seat allocation (tho….. since DAP is a multi-ethnic party, why worry about this issue?..)

Just playin’ yo :) I’m sure leaders from both parties will sort everything out to some acceptable level of hunky doriness :)

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As for me, I’m not trying very hard to ensure that the party’s mechanisms post-congress are greatly improved. Very time/mind-consuming, so I’ll prob be writing only little bits here and there. Thanks for your patience, and all the best for the Lina Joy case!

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CIVIL SERVICE EXCELLENCE: QUALITY VS QUANTITY
KL-Selangor Chinese Assembly Hall, Jln Maharajalela, KL

The Government must hence take the painful but very important step of trimming the civil service sector into a leaner and more efficient “machine”. The increase in pay will be a waste of public funds, if the move is not accompanied by a corresponding increase in civil service productivity.”  Tony Pua

Pergerakan Pemuda UMNO mendesak Pua dan DAP mengambil langkah memperbetulkan kata-kata mereka yang langsung tidak bertimbang rasa dan begitu menghina sekali.”

Pua’s negative comments about the civil service can cause considerable damage to the morale and image of the public sector.” Khairy Jamaluddin

Panel of Distinguished Speakers

  • Lim Kit Siang, Parliamentary Opposition Leader

  • Tan Sri Khalid Ibrahim, KeADILan Secretary-General

  • A. H. Ponniah, former Secretary of Public Service International (Asia-Pacific Region)

  • Nurul Izzah Anwar, Special Assistant to Dato Seri Anwar Ibrahim (might be sick :( )

  • Lim Guan Eng, DAP Secretary-General

  • Tony Pua, Economic Advisor to DAP Secretary-General

* Open invitation to Khairy Jamaluddin, UMNO Deputy Youth Chief*


Venue: KL & Selangor Chinese Assembly Hall
Date:
30th May 2007 (Wednesday)
Time:
8.00 pm

Admission is Free; Bring Friends

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Live from KeADILan Congress! pt 5 - Appointment of Posts


Vice President

- Sivarasa Rasiah
- Jeffrey Kitingan

Secretary General

- Tan Sri Khalid Ibrahim

Treasurer

- William Leong

Information Chief

- Tian Chua

Strategic  Advisor

- Saifuddin Nasution

Director of Elections

- Azmin Ali

Deputy Director of Elections

- Fuziah Salleh

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Live from KeADILan Congress! pt 4 - Election Results

are all out - for the MPT (supreme council), the Youth and Women wings.

The hottest contest was probably for the MPT Vice Presidents. The Youth chief and Women’s Deputy Chief were also watched for their majorities, and the Youth lineup appears pretty new, on the whole.

Things are wrapping up over here!

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Live from KeADILan Congress! pt 3 - Fierce debates on whether Anwar & party should challenge ROS & Government

Gripping, meaningful political discourse.

Bloggers who decided against covering missed out, I reckon. Of course you can follow live at Malaysiakini and Kelantan TV.

Basically, DS Anwar took to the stage to directly address this ROS disqualification business.

A long and pretty good speech later, he advocates that he not run for president, but lead the party in another capacity.

This caused a pandemonium.

DS Anwar’s speech was interrupted by delegates wanting to make their very passionate views known.

I was really impressed by the quality of most of the delegates (some 20 spoke) - they really made persuasive arguments both ways. My own opinion on whether DS Anwar should stand or not was swayed a number of times both ways.

I’ll do my best to summarise.

Some arguments for him running = subjecting oneself to injustice is to abet it, galvanising the party, standing in full defiance of clearly unjust laws and thrusting the party’s struggle into the daily news.

Some arguments against him running = party leadership is not limited to the presidency, the party before individuals, live to fight another day, concentrate on consolidating internal machinery and finding opportunity in crisis.

At the end of the day however, DS Anwar’s decision to withdraw stood, and DS Wan Azizah has retained her presidency uncontested.

Pictures and more to come. Some available here.

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