Busy few days, but will try to squeak out now and again :)

I heard so much bad stuff about Wal-Mart when I was in the States.

Lazy bum that I am, behold Wikipedia! Highlights:

With close to two million employees [...]]]> I think only theSun carried this piece about Domestic Trade and Consumer Affairs Minister Datuk Mohamed Shafie Apdal saying that they’re looking into bringing in Metro AG and (gasp!) Wal-Mart!

I heard so much bad stuff about Wal-Mart when I was in the States.

Lazy bum that I am, behold Wikipedia! Highlights:

With close to two million employees worldwide, Wal-Mart has faced several issues with regards to its employees and workforce. These issues involve low wages, poor working conditions, inadequate health care, as well as issues involving the company’s strong anti-union policies. One of Wal-Mart’s biggest issues is their high turnover rate – approximately 70% of its employees leave within the first year, primarily due to lack of recognition and inadequate pay.^[48]

Wages

Wal-Mart employees earn less than those performing similar jobs at other stores. For example, in 2001, the average supermarket employee earned $10.35 per hour, versus an average of $8.23 per hour for stock clerks at Wal-Mart. The company has paid low wages since its inception. Wal-Mart founder Sam Walton once said, “I pay low wages. I can take advantage of that. We’re going to be successful, but the basis is a very low-wage, low-benefit model of employment.”

Working conditions

Wal-Mart has also faced several accusations involving poor working conditions of its employees. For example, a class action lawsuit in Missouri involved approximately 160,000 to 200,000 people who were forced to work off the clock, were denied overtime pay, or were not allowed to take rest and lunch breaks.^[55] In 2000, Wal-Mart paid $50 million to settle a class-action suit that asserted that 69,000 current and former Wal-Mart employees in Colorado had been forced to work off-the-clock

Child labor violations

In January 2004, the New York Times reported on an internal Wal-Mart audit conducted in July 2000, which examined one week’s time-clock records for roughly 25,000 employees.^[61] According to the Times, the audit, “pointed to extensive violations of child-labor laws and state regulations requiring time for breaks and meals,” including 1,371 instances of minors working too late, during school hours, or for too many hours in a day.^[61] There were 60,767 missed breaks and 15,705 lost meal times.

Illegal use of undocumented workers

Wal-Mart has been accused of using undocumented immigrants in many of its stores and work locations…

On October 23, 2003, federal agents raided 61 Wal-Mart stores in 21 states, in a crackdown known as, “Operation Rollback,” resulting in the arrests of 250 nightshift janitors who were undocumented workers.^[64] Following the arrests, a grand jury convened to consider charging Wal-Mart executives with labor racketeering crimes for knowingly allowing undocumented workers to work at their stores.^[64] The workers themselves were employed by agencies Wal-Mart contracted with for cheap cleaning services.^[64] While Wal-Mart executives have tried to lay the blame squarely with the contractors, federal investigators point to wiretapped conversations showing that executives knew the workers were undocumented.

Labor union opposition

Wal-Mart has been criticized for its policies against labor unions. In North America, Wal-Mart has been successful thwarting unionization via anti-union tactics such as managerial surveillance and pre-emptive closures of stores or departments who choose to unionize….

In March 2005, Tom Coughlin was forced to resign from Wal-Mart’s Board of Directors, facing charges of embezzlement.^[82] Coughlin claimed that the money was used for an anti-union project involving cash bribes paid to employees of the United Food and Commercial Workers Union in exchange for a list of names of Wal-Mart employees that had signed union cards.^[82] He also claimed that the money was unofficially paid to him, by Wal-Mart, as compensation for his anti-union efforts…

I think that’s enough for now. There’s plenty within the original article in W-M’s defence (no prizes for guessing how it got there), but the basic point is, Dtk Shafie shouldn’t be too excited to subjecting Malaysians to these kinds of employers, no matter how low the prices of items.

“As I’ve said, there is no need to revamp the Elections Commission. In the past 50 years we have not revamped any ministry. So why must the EC be singled out (to be revamped)?”

Why is it the government always believes that everything is perfect and that nothing ever needs changing? Just how perfect do [...]]]> DS Nazri:

“As I’ve said, there is no need to revamp the Elections Commission. In the past 50 years we have not revamped any ministry. So why must the EC be singled out (to be revamped)?”

Why is it the government always believes that everything is perfect and that nothing ever needs changing? Just how perfect do they think they are? Even a modicum of humility would allow that any institution has room for improvement. No ministry revamp in 50 years is NOT something to be proud of.

As for indelible ink, the minister said it is only used in constituencies with a large number of voters like in India.

“Some constituencies in India can be made up of a million people. So it is difficult to register voters one by one. Hence to ensure nobody votes twice, they use indelible ink

“There are only 24,000 people in my constituency in Padang Renggas, it’s a small number. We also use the identity card in this country. So we don’t need to use the indelible ink,” he said. 

This is not logical.

Even in a constituency of 5 people, the problem of people voting twice exists – what you talking? And we’ve seen just how reliable our identity cards are in Sabah.

If you ask me, such virulent refusal to implement such a simple procedure that will cost so little but go so far in preventing voter abuse can only mean that they government has got something to hide.

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For some backdrop to what all this fuss is about, have a look at the BERSIH statement. There’s a lot more hanky panky going on in the EC than the public perceives, I do believe.

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This may be the last post of this sort for some time to come. I know I’ve been promising stuff since around CNY, I do apologise, but I am hopeful things will be made clear soon.

:)

Do have a look at the reasoning used in the motion (reproduced below), and the gory descriptions of inhumane cruelty used as examples.

MOTION FOR THE ABOLITION OF CORPORAL PUNISHMENT OF WHIPPING

Whereas:-

1.      [...]]]> A lawyer friend of mine is tabling a motion to abolish whipping as a form of punishment – focusing especially on the abuse of migrants.

Do have a look at the reasoning used in the motion (reproduced below), and the gory descriptions of inhumane cruelty used as examples.

MOTION FOR THE ABOLITION OF CORPORAL PUNISHMENT OF WHIPPING

Whereas:-

1.      In recent times, authorities are clamping down with greater brutality on migrants who are deemed “illegal” under the Immigration Act. The increasing demonisation of foreigners in the media as criminals and trouble makers failed to acknowledge that very often these persons are in fact undocumented persons, asylum seekers, migrant workers and refugees who have endured unspeakable horrors escaping conflict stricken territories, and /or suffered at the hands of ruthless agents, traffickers and authorities.

2.      Upon arrest, they end up spending long and indeterminate periods in remand, in overcrowded detention centres and under deplorable conditions. Common and recurring accounts given by these immigration detainees indicate that they are subjected to physical and emotional trauma , given stale food, live under conditions of poor sanitation and hygiene, and are not provided with adequate or prompt medical treatment.

3.      Upon being brought to Court they often do not know what charges are brought against them. They are not informed of their right to legal representation, and in any event, are not provided with a reasonable opportunity to seek help. The lack of interpretation in appropriate languages renders the whole legal process a complete travesty of justice and human rights.

4.      Invariably these migrants are induced and / or threatened with prolonged and indefinite detention to elicit guilty pleas, the full implications of which are neither properly explained nor fully understood by them.

5.      Most alarming of all these violations is that the punishment of whipping is meted out without mercy and restraint.

6.      Whipping is clearly intended to be a humiliating experience as it will produce huge red welts and permanent scars.  It is also said to have caused impotence.  The cane marks are permanent and these will be a source of humiliation to the prisoner for the rest of their lives. New Zealander, Aaron Cohen who received six strokes in 1982 for drug-trafficking recalled his ordeal :-

“I got six.  Its just incredible pain.  More like a burning – like someone sticking an iron on your bum.  That’s the sort of feeling.  Pain – just ultimate pain.  The strokes come at a rate of one a minute – but it seemed like a lifetime to me.  I waited and waited for the first one and as soon as I let my breath out – “baam”.  Afterwards my bum looked like a side of beef.  There was three lines of raw skin with blood oozing out.”

7.      Where is the sense in imposing this brutal punishment on offenders of a victimless irregularity like a lack of appropriate documentation? Are Malaysians subjected to atrocities like this when they are found to be in breach of immigration laws abroad?

8.      International organisations such as Amnesty International and the UN Human Rights Committee have condemned whipping and other forms of corporal punishment as cruel, inhumane or degrading punishment and contrary to human rights law.  The UN Committee against Torture has called for the abolition of corporal punishment and the UN Special Rapporteur on Torture has stated that “corporal punishment” is inconsistent with the prohibition of torture and other cruel, inhuman and degrading treatment or punishment.

9.      It is therefore unsurprising that the World Refugee Survey in 2005 placed Malaysia as one of the worst offenders of refugee rights documenting cruel and inhumane treatment in our prisons and detention camps.

10.  Whipping has also been imposed in a discriminatory manner because the Criminal Procedure Code permits the use of “light rattan” for the whipping of those convicted of “white collar” crimes notwithstanding the embezzlement of millions of ringgit.

It is hereby resolved:-
1.                  That we the Malaysian Bar, declare that the corporal punishment of whipping is cruel, inhumane and degrading.

2.                  That we the Malaysian Bar call for the abolition of the whipping sentence as prescribed by any legislation and particularly as against offenders of the immigration act.

3.                  That the Malaysian Bar leads public opinion rejecting and denouncing the sentence of whipping as it is anachronistic and inconsistent with a compassionate society in a developed nation.

4.                  That whipping has failed as a retributory and deterrent sentence and that it is time for Malaysia to subscribe to Article 5 of the Universal Declaration of Human Rights i.e. “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment” and reject it altogether as a form of sentencing in our country.

Proposers:-
Renuka T. Balasubramaniam, Selangor Bar
Latheefa Koya, Kuala Lumpur Bar

I happen to have an English version of his op-ed, enclosed below.

RHB Takeover Jeapordises the Livelihoods of Millions of Malaysians. by TS Khalid Ibrahim, PKR Treasurer

The acquisition of RHB Banking Group by the Employers Providence Fund (EPF) [...]]]> I’m no expert on acquisition, but TS Khalid, Treasurer for PKR, does seem to raise some cogent and distressing points.

I happen to have an English version of his op-ed, enclosed below.

RHB Takeover Jeapordises the Livelihoods of Millions of Malaysians.
by TS Khalid Ibrahim, PKR Treasurer

The acquisition of RHB Banking Group by the Employers Providence Fund (EPF) has raised the concerns of many sections of society, seeing as how the welfare of some 9 million Malaysians have been entrusted to the EPF.

This issue should be seen through the lens of the primary and original function of EPF, the experience of EPF in the banking industry, basic investment principles and national banking policies.

Firstly, this buyover will displace the founding principles of EPF as a fund manager that needs to ensure good financial returns to its members within a 25 to 30 year period.

In the early years after its formation in the 1950′s, the EPF was required to invest 70% of its assets in securities or government bonds. This clearly reflected the natural need for EPF to be conservative in its investments.

From the 1980′s onwards, government bonds were reduced when privatisation was introduced, and this forced EPF to transfer its investments to equity. Nonetheless, it remained as a passive investor.

By the 1990′s, EPF investments in government bonds had been reduced to about 30% whereas investments in equity had risen from 2% in 1990 to 19% in 2005.

As a normal fund manager, EPF should not own more than 10% in equity investments. It is important for EPF to retain its function as an investor alone, and not become involved in the management of any company.

EPF needs to retain its conservative nature because it is the only long term fund that is responsible for the welfare of its 9 million members.

EPF equity investments also frequently results in severe financial failure or great hardship in the last few years, amongst them the staggering financial losses incurred in the investment into Malaya Borneo Building Society (MBBS).

Therefore, to acquire a banking group without any banking experience is an eminently illogical decision. The CEO of EPF himself, Azlan Zainol, has admitted that EPF does not possess expertise in the banking industry.

The buyover of United Malayan Banking Corporation (UMBC) from Sime Darby in 1995 proved to be a failure. The debts incurred by UMBC were then transferred to Sime Darby, a plantations company, and were thereafter assumed by the RHB banking group after the merger of the two banks in 1998.

The debts of the RHB banking group have run in excess of RM 3.4 billion as of August 2006, and it is presumed that these debts will be taken over by EPF.

What needs to be stressed is that although EPF can control RHB through ownership of equity, EPF simply does not have the capacity to manage a banking group with such immensely heavy debts.

From an investors point of view, and using the most basic of investment principles, it makes most sense to diversify one’s investments. With a 75% stake in RHB, EPF will not be able to act fairly towards other banks, and this will increase the risk profile of EPF significantly.

EPF should instead emulate the investment principles of Warren Edward Buffet, a succesful investor and the second richest man in the world. Buffet’s primary approach is to invest in low-value securities that guarantee returns on investment and not to interfere in the management of any company. This practice would allow EPF to sell or exchange equity without any conflicts of interest.

Even if the government truly wishes to reduce the number of banks in order to raise banks’ capacity to compete on an international level, as per the national banking policy, it should not use EPF to achieve this goal.

The buyover of RHB by EPF will not reduce the number of banks in this country. To achieve this, the government, through Bank Negara, should direct some banks in the country to merge with the RHB banking group, as happened in the 1990′s.

Should the government stubbornly decide to use EPF to acquire RHB, against all economic and financial logic, this act will undoubtedly jeapordise the livelihoods of millions of ordinary Malaysians.

He and his friends were terrorised by the APMM (Maritime Enforcement Agency – the people recently made responsible for security beyond 12 nautical miles of Malaysian shores) on the high seas.

The boat (the Kaleebso) crew: my dad, Kevin, boat owner/operators Khay [...]]]> My dad’s kinda in the news yesterday! But not for the best of reasons.

He and his friends were terrorised by the APMM (Maritime Enforcement Agency – the people recently made responsible for security beyond 12 nautical miles of Malaysian shores) on the high seas.

The boat (the Kaleebso) crew: my dad, Kevin, boat owner/operators Khay Lee and Mary, and 3 boathands. The trip was supposed to be a scuba diving and fishing holiday.

Location: near Pulau Jarak, off the coast of Perak, near Lumut.

On Tuesday morning, an APMM gunboat paid the Kaleebso a visit – routine check-up apparently, it was a friendly chat with no untoward incident; they parted ways amicably.

On Tuesday afternoon, my dad and Kevin were diving again closer to Pulau Jarak itself when the APMM gunboat turned up once again. When Khay Lee eventually saw them flashing their lights, he sent over a boathand in the skiff to see what was up, himself being unable to move from the spot due to the fact that there were divers underwater.

The boat hand was shocked to find the same ‘friendly’ officers before yelling and screaming at him when he arrived at their vessel. They were apparently really pissed when the Kaleebso had failed to answer their radio calls (turned off :P ) and loudspeaker hails. They demanded that the Kaleebso come over immediately.

The boathand explained that this wasn’t possible because it would mean deserting the divers (imagine surfacing in open water without a boat to greet you).

The officers refused to accept this reasoning – “Aku tak peduli tentang you punya divers, you datang sini sekarang!”

Filled with haughty, self-righteous “you jangan kurang ajar” type anger, one officer actually even fired his gun into the sea. Another pointed his automatic rifle threateningly at the traumatised boathand. One officer then said “jika bot you tak dataing dalam 10 minit, kita akan tembak bot!” (and the APMM vessel had a big mounted gun that could do exactly that)

The poor guy went back to the boat and explained the situation. Khay Lee reluctantly came over.

The angry officers demanded that the Kaleebso return with them to Lumut, but Khay Lee eventually managed to persuade them to allow him to send the skiff to pick up the divers first.

Meanwhile, my dad surfaced, and behold, there was no boat :( Having ‘survived’ the random deep sea gunshot, he now faced the prospects of death by any number of means (drowning, dehydration, etc).

Kevin had surfaced earlier and found his way to some rocks nearby.

Dad decided to hang on to a bouy, and the boathand came back with the skiff to find him there eventually (thank goodness!). It took them an hour of truly panic-filled searching before finding Kevin.

A little bit more bad luck and the APMM could easily have had two dead people on their hands.

The Kaleebso made its escorted way back to Lumut. Oddly enough, midway through the journey, the gunboat stopped and insisted that three armed officers (one automatic rifle and 2 handguns) board the Kaleebso and stay onboard for the duration of the journey. o_O

When they arrived at Lumut, there was some amount of confusion. There was almost no case against the boating party, except that their permit to conduct business was for a nearby island and not Pulau Jarak per se. Apparently the issuing officer at the Maritime Department had said it was valid for Pulau Jarak as well.

This was still pursued as the discharge of a firearm required follow-up investigation. Thus the APMM referred the case back to the Maritime Dept.

Nonetheless, the Kaleebso and its crew were not allowed to leave the base, and they awoke on Valentines Day still guests at the APMM jetty.

By this point, the crew decided to lodge a police report, and were not stopped from doing so at Sitiawan. The cops apparently said that reports of abuse of power by the APMM were increasingly common.

After this, the crew was allowed to leave, but the Kaleebso remained impounded. As per the police investigation, a lineup was called to identify the officer who had fired the shot. Unfortunately, said officer was not actually amongst those sent for the lineup :P

So, the Kaleebso was finally released last night, the Maritime Dept has fined the Kaleebso RM 200 for its infringement, and the police continue to investigate the case.

On a more positive note, Tian Chua writes (with pics [...]]]> PKR’s Dep Sec-Gen Dr. Xavier Jeyakumar had white paint splashed across his house by unknown assailants in the dead of Monday night. Dr. Jeyakumar staunchly believes the attack is politically motivated. This infruriating act of cowards will not deter those who fight for what is right!

On a more positive note, Tian Chua writes (with pics too) on how friends and neighbours helped clean the house up, despite the late hour. Hope and warmth amidst darkness.

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Suhakam bravely calls for a public inquiry on the Simpang Renggam assault case – in spite of (“I’m no bad boy”) DS Samy Vellu’s assurance that all is ok. Good on them!  However:

 When contacted, Suhakam commissioner N Siva Subramaniam said a special team from the commission will draw up the terms of references to get to the bottom of the matter. “It will deal specifically with the assault. We are not going to dwell on other issues,” he added.

= not touching the EO? :( Strategic engagement blablabla and credit where it’s due, but this is a bit of a in-denial attitude. But even if they can afford to sidestep the true root of the problem, damn well doesn’t mean we should.  Stop draconian laws!!

Also: one warder is arrested for pushing drugs on the inmates. Just one sacrificial scapegoat for what is most likely a widespread abuse? Let’s hope not. Also see thoughts from faithful anti-EO crusader The Malaysian.

Suhakam will also be looking into one case of bonded slavery.

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After being long quiet, DS Nazri Aziz bursts back on the scene with characteristic swagger in all the wrong places. On corruption:

“The government has done everything it can think of to fight corruption,” Nazri said.. “To this day, people do not believe the government is going strong in its fight on corruption,” he added. 

Everything it can think of? Think some moreLAH!!!!

Also, if the government has exhausted its mental capacities while failing to make a significant dent, as the rakyat rightfully believes, did DS Nazri thus just call the government a stupid failure?

On toll secrets:

“The Cabinet is not worried about declassifying the documents. The concessionaires are the ones making the money, not the Government. There is nothing to hide,” the Minister in the Prime Minister’s Department said.

Nothing to hide? How about the fact that the government is standing like a make donno voyeur while the rakyat is being gang-raped by highway companies?!?!

Eee, cannot tahan the government’s “it’s not our fault!” lame-o line. As I’ve preached many times before, that is the single worst thing a leader can say – especially an elected one. Take responsibility you wussies!!

BERSIH consists of NGOs and political parties and was formed to highlight abuses as well campaign for better [...]]]> Do you know just how deep the abuses of our electoral system go? I didn’t. Got a better idea after attending a roundtable organised by BERSIH (but driven mostly by Pas, it looks like) about elections and democracy.

BERSIH consists of NGOs and political parties and was formed to highlight abuses as well campaign for better electoral practices. Strategically, their main thrust seems to be to focus primarily on three ‘demands’ that they seem to believe has the greatest effort-results yield ratio.

1) The use of indelible ink to mark voters (like in clubs), to ensure that no individual can vote more than once.

2) The clean-up of the electoral roll.

3) Abolishing votes by post.

Wong Chin Huat – likely the country’s leading expert on Malaysian electoral systems – opened the session explaining these things and providing other overviews. Syed Husin Ali spoke next, indicating a reluctance to boycott the Gen Elections, saying the Opposition should take advantage of the prevailing mood.

Lim Guan Eng followed with tales of how Elections Commision (SPR) head Tan Sri Abdul Rashid tried to play DAP and Pas of one another in meetings he had, and told of RM 110 mil being spent on posters the last election, far far exceeding the legal amount allotted. Playing to the Pas crowd, he mentioned: jika pilihanraya itu tidak halal, maksudnya kerajaan itu juga haram (and the crowd goes wild!)

Tuan Guru Hadi Awang spoke next, describing how in other countries, the opposition was regarded as a respected advisor to the government, whereas here they were an enemy that needed to be bullied – even the US was more democratic than Malaysia he said (true, but coming from Pas? cool :)

Quite a lot of generalities in the opening speeches, but as the floor opened up, lots more interesting stuff came out. It was a closed door session; I have decided that relating unattributed comments is far from ideal, but is the best ethical option for now.

When they were off the record, individuals went into great detail describing the shocking transgressions of electoral law in the country. People who have been intimately involved, including ex-BN politicians, described horror stories.

Some memorable ones: one address was found to be ‘home’ to 156 voters (bad enough? turns out that address had long been demolished for a highway project), a dead father of an opposition candidate was found to be voting for BN, and estate workers voting in the same government making their life a living hell in return for jerseys and assorted bits of furniture.

There were more, passionately shared, but I can’t remember or share them all :(

Other important/interesting issues raised:

- the National Registration Dept also has a lot to answer for, in regards to electoral irregularities

- Watchdog group MAFREL knows a lot about what’s going on in elections they’ve been observing on the ground; they work hard at being non-partisan, and are very strategic and long term results oriented with what they choose to reveal and such.

- boycotts are much more effective in Thailand where even a single candidate must be approved by a certain majority before a Parliament can be formed.

- our caretaker government is more like a don’t care government. Quite an involved issues, this caretaker stuff.

- votes in Malaysia are not secret; it is also easy to ascertain which way any one voting district polled – sparking fears among local communities that they may be ‘punished’ for voting Opposition :(

Some ideas and suggestions from the event:

- have civil society and opposition representatives in SPR

- go really strong on voter education. One chap from Pas also advocated seriously sensationalising and emotionalising the issues (his success story? Using Anwar Ibrahim’s mom yang bertongkat at ceramahs)
- PSM’s S. Arutchelvan proposed, among other things, a week-long super-concerted campaign on issues of electoral integriy.

- Another Pas chap strongly advocated getting other religious groups interested in this issue, feeling that they have strong motivational and mobilisational potential – reflecting their own experience I suppose. Interesting.

- When called on the comment, a student rep I see around often spoke of irregularities in campus elections as well as sending 21-yr olds to contest in places like Kepala Batas and Pekan, stating their absolute willingness to be bullied and cheated on for the sake of principles. Excellent.

- open avenues for citizen participation in advocacy that are less risky (than protests, etc) in order to broaden appeal and results.

Could go on forever, but will leave it at that for now. Had occasion to think of many things, hopefully will share with all as we go along.

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The Star carries MIC Youth chief SA Vigneswaran’s plea to the police to stop using the Emergency Ordinance to send Indian’s to Simpang Renggam. [...]]]> Re: Tun Mahathir – see the Police Watch statement questioning his credibility to lead a War Crimes Commission. They quoted an IHT article which young fellas like me found new and disturbing.

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The Star carries MIC Youth chief SA Vigneswaran’s plea to the police to stop using the Emergency Ordinance to send Indian’s to Simpang Renggam. I note that he stopped a little short of advocating that the EO been done away with altogether.

Nonetheless, I support his notion that such detention is totally counter productive and that instead of using the EO, any arrestees should be charged in court.

I take strong exception to the NST article titled “Hardcore criminals among those held.” Forget hardcore. Criminals? That’s bullshit. In any civilised, functioning state, all are innocent until proven guilty.

Whatever sins they may or may not have convicted, the 4,100 people being held in Simpang Renggam are not criminals convicted with any modicum of due process. Legally speaking, that makes them not criminals at all – they are citizens brutally kidnapped by the state.

The other night, Tian Chua opined that these ridiculous laws breed ineptitude, incompetence and complacency among the police (the pencemaran nama baik of such a noble profession!) – after all, they don’t have to work to secure a conviction when they want to put someone in jail. Nor do they have to truly keep an eye on criminals with these laws. Time comes, they can just jolly well pick up and arrest whoever the hell they like. If you’re not rich or influential enough (read: all inmates of Simpang Renggam), then bye-bye…

Not true? Then if these people are the criminals you believe them to be, just prove it in court!! :|

The NST also looks to be doing DS Samy Vellu’s PR. I mean I appreciate *any* improvements to Simpang Renggam, but the only improvement that will truly make a difference is to scrap this draconian, police state law. Country no Emergency, should have no Emergency Ordinance! :| (Suaram also calls DS Samy’s bluff)

Speaking of MIC, what do they hope to achieve? This is like MCA saying “Cis! So unfair those toll prices!” If DS Samy or DS Ong Ka Ting can’t lend their influence to reversing government policies that are detrimental to not only certain ethnic groups but the whole rakyat, join their parties for what?? :P

The Star article also quotes Mr. Vigneswaran as saying MIC Youth aims to tambah another 33,000 members to make 50 k total.

:| So that another 33,000 Indians can be part of the very same system that is brutalising both Indians and Malaysians on the whole?

Am I wrong? If MIC Youth can get the government to scrap the EO, then yes; and I will gladly admit it and humbly beg for forgiveness. Until then, jangan harap these guys can bring about such badly needed change. Vote otherwise.

YB Kula, Tian and Dtk Kamaruddin spoke with pretty good amounts of passion, vision and eloquence respectively. Of note: Tian pointed out how the NEP is technically not one of the Malay special priviliges mentioned in the Constitution while [...]]]> Pretty good – YB’s M Kulasegaran, Dtk Kamaruddin Jaafar, Dtk Shahrir Samad spoke, as did Tian Chua.

YB Kula, Tian and Dtk Kamaruddin spoke with pretty good amounts of passion, vision and eloquence respectively. Of note: Tian pointed out how the NEP is technically not one of the Malay special priviliges mentioned in the Constitution while Dtk Kamaruddin spoke of how protectionism was unlikely to survive globalisation – comparing our preferential policies to protected economies around the world that were facing the pressures of the world market economy (if I understood him right).

Of course, everyone was waiting for Dtk Shahrir and while he got off to a slow start (the good Dtk used his stage time to read off inane lists of countries… tick tock…..), a few more interesting things came out in the Q&A.

One amusing bit was when Tian got told off for describing the NEP as a hallmark of Umno that will never change, and that the only way to get rid of it was to vote BN out :) No political campaigning, the moderator said :P :)

Back to biz: Dtk Shahrir seemed to emphasise (time and time again)  firstly that for the period in which he was outside of Umno (post-1988 Umno crisis), the NEP ‘did not exist’ – in that it was so badly butchered by Tun Mahathir and gang that it became unrecognizable.

This seemed to be his way of  sidestepping all the connections between the NEP and cronyism, corruption and abuses of privilige as well as somehow disassociating himself from the ‘evils’ of the NEP. In the same vein, he said most of the grouses against the NEP were due to problems with implementation rather than the spirit/principle of the NEP – as in problems arose due to individuals misusing the NEP rather than the NEP itself.

Guess that’s up to you to judge.. I myself asked (in BM that umm.. some people were too kind in praising.. *blushes with sinful pride*) that straight up, questions of implementation/etc aside and based on principles alone, did Dtk Shahrir actually believe that race-based affirmative policies were better for Malaysia than more egalitarian, poverty-centered ones?

I’ve asked questions at forums that were basically completely ignored by the panel. To his credit, Dtk Shahrir did essentially acknowledge my ‘challenge’ to choose between the two a number of times, but I wouldn’t say that he answered particularly satisfactorily. At one point, he said he did not believe the NEP was ‘bersifat perkauman,’ which could be interpreted to mean ‘not racial in nature.’ Dunno about you, but that seemed like a bit of a stretch to me.

*

Anyway, it was a decent evening – the quality of discourse wasn’t too bad, all things considered. The almost inevitable socialising and mamak session that followed was full of interesting and amusing tidbits too.  Kudos to Y4C by the way, for organising this whole string of talks – good on them for helping to keep open dialogue alive in Malaysia.

A lot has been said on how blatantly ridiculous and morally wrong it is to use the OSA to hide corruption that is so clearly screwing the rakyat over [...]]]> It’s 10am, and I guess Tian Chua, Ronnie Liu, Dr. Hatta Ramli and TS Khalid Ibrahim should be at Bukit Aman now, getting ready to answer questions.

A lot has been said on how blatantly ridiculous and morally wrong it is to use the OSA to hide corruption that is so clearly screwing the rakyat over – most likely just to benefit a bunch of heartless, unscrupulous fat cats. Am I wrong? Then reveal the documents and prove it. Always open to correction here.

Anyway, I don’t have too much of quality to add here/now (besides the obvious fact that I sokong those four guys, and fully support greater freedom of information over corruption and exploitation under a shroud of unethical secrecy). Note especially an outcry over double-standards re: the OSA.

Seems like a lot of topics are already pretty well covered these days. Gotta work harder to provide something unique.

*

It was easy for me to see who has said what using the new super-tool for keeping track of the blogosphere – kindly introduced to me by the lovely politikus: Google Reader!

A pretty cool app, that might make lots of aggregators obsolete.

Anyway, the following are links to some of my own ‘aggregator’ lists, if you wanna see some of the people I try to keep track of. The lists are evolving of course, with blogs changing categories and such:

- ‘Dedicated Writers‘ : hardcore sociopolitical (I think blogs have helped popularise this term. I was always scared to use it before!) bloggers, politician bloggers, famous people, etc..

- ‘Diversified Writers‘ : ‘part-time’ sociopolitical bloggers who often come up with really keen insight. I suspect many of these will eventually cross over onto the first list.

Hmm. I think the other list are rather under-developed for now, so just these two for the time being I guess. If you’re a blogger and don’t see yourself here, chances are I have you on another list already – and it’s all still very fluid!

Feedback on these lists is of course super-welcome. I briefly entertained fantasies of being the great Malaysian blog picker/’editor,’ but more likely you’ll just go out and build a list of your own :P :) I guess a list to these sorta pages may replace blogrolls and the like. But yeah, always happy to hear what you think :)

I’m not one to blindly defend UN agencies, but if it weren’t for the UNHCR and other NGOs, I wouldn’t be surprised if we ended up exploiting and torturing migrants and assylum seekers.

The guy also [...]]]> Home Affairs Minister Datuk Seri Radzi Sheikh Ahmad says the UNHCR is getting in the way of immigration doing its duties.

I’m not one to blindly defend UN agencies, but if it weren’t for the UNHCR and other NGOs, I wouldn’t be surprised if we ended up exploiting and torturing migrants and assylum seekers.

The guy also makes it sounds like just because we don’t throw them out immediately, we are being sooooo kind to migrants in Malaysia. Does he have any idea what it’s like to live here as a migrant? Or what it’s like to live in the conditions these people are running away from?

Can’t write a long piece now, but wanted to point to the Women’s Aid Organisation and Amnesty International Malaysia, who have both come out with strong statements against DS Radzi’s comments. Certainly worth a read!

Update 3rd Feb 3pm,

Aliran and Suaram have added their voices to the chorus of discontent!

Johor Anti-Corruption Agency director Nooraziah Abdul Manaf said of the (67 arrests last year), 36 arrested were from government departments, with the majority being support staff.

Thirty people were from the private sector and one was a politician.

omg. ONE?!

Yet another truly painful demonstration of the ikan bilis vs. ikan yu phenomenon >:(

In Johor, a) [...]]]> The Star:

Johor Anti-Corruption Agency director Nooraziah Abdul Manaf said of the (67 arrests last year), 36 arrested were from government departments, with the majority being support staff.

Thirty people were from the private sector and one was a politician.

omg. ONE?!

Yet another truly painful demonstration of the ikan bilis vs. ikan yu phenomenon >:(

In Johor, a) politicians damn honest, b) civil servants too stupid to get away with it / politicians far smarter than ACA, d) ACA “prefers” nasi lemak to shark’s fin… Guess only you can choose which is most convincing.

*

NST:

It is estimated that 10 to 15 per cent of the 20,000 cabbies in the Klang Valley are civil servants.

“The number might be more. They do it to earn extra income. They get off government duty at 4pm or 5pm and work as ‘spare’ taxi drivers until midnight. Next day, they return to their jobs as civil servants,” Malaysian Taxi, Limousine and Hired Car Drivers and Operators Association president Yusoff Lahir told the New Straits Times.

The article seemed to portray the higher-ups as being none to happy about this, but hell, that’s better than being corrupt right? At least it’s honest work.

And let’s think about it, who would be so rajin as to take on a second job (civil servants no less), if the first job met all of one’s need? True, could be pure greed, but that’s a heckuva lotta work to do.

A well-handled economy shouldn’t require citizens to be working two jobs just to make ends meet. And if people are forced to, we shouldn’t make it any more difficult for them than it already is.

*

Not read up extensively on this yet, but there’s trouble brewing at the Ipoh City Council. We’ll keep our eyes open.

*

Sarawak Chief Minister Tan Sri Abdul Taib and wife have become eye donors. While the act in and of itself is truly admirable (full credit!), if even half of the allegations (here’s but one example) of corruption against Tan Sri are true, I wouldn’t want to be walking around with eyes that have seen what his have.

The facts force us to admit that Ng Chee Pang, the independent candidate in Batu Talam, is something of a joke. His latest accusations against his opponent concerning unethical campaigning may be less [...]]]> Did you know that it is not against the law for the ruling party to use government machinery to campaign during elections? >:(

The facts force us to admit that Ng Chee Pang, the independent candidate in Batu Talam, is something of a joke. His latest accusations against his opponent concerning unethical campaigning may be less of a joking matter, however.

Ng explained that his complaint was based on a provision in the election code of ethics distributed to both candidates on nomination day.

He said the provision prohibits candidates and their party or election workers from using government buildings for campaigning unless written permission has been obtained. They are also barred from using ‘community vehicles and communication devices’.

“I have photos. For instance, a Chinese school hall was used, BN flags were hung all over the place for Dr Ng Yen Yen (BN Raub MP and deputy finance minister) to campaign for the candidate,” he alleged.

He also claimed that police and local council trucks were used to transport chairs and other items for the BN campaign. 

Asked if he had checked whether his rival had obtained permission to use the facilities and vehicles, he replied: “It is obvious BN has breached the election regulations.” 

Although it’s pretty lame that he obviously didn’t check about the written permissions, let’s look at what the Election Commission says:

The Election Commission (EC) today said it cannot disqualify the Barisan Nasional (BN) candidate for the Batu Talam by-election because it has no power to act on complaints based on its election code of ethics.

“The code of ethics is just a guideline for candidates contesting in the election, we can’t disqualify anyone based on that,” returning officer Abdul Kadir Awang Bakar told malaysiakini when contacted today.

“Our enforcement team has taken down posters (of the BN candidate) that were hung at the fence of a government school,” he said, while confirming that the EC had received Chee Pang’s written complaint.

Explaining why no further action can be taken, he said: “The posters were not put up by the (BN) candidate himself… perhaps it was ‘accidentally’ put up by his supporters and not everyone knows the law.”

Since the posters have been taken down, Abdul Kadir argued “the case is closed”.  

?!?! As we know, ignorance of the law is no defence :( But sadly, that isn’t even the issue. What is the law?

The election code of ethics prohibits candidates and their party or election workers from using government buildings for campaigning unless written permission has been obtained. They are lso barred from using vehicles or communication devices belonging to the state or government.

However, the code also clarifies that it is a guideline and that its provisions are subject to existing laws and regulations, pointed out activist Wong Chin Huat who has studied the Malaysian electoral system.

This renders certain provisions in the code as not enforceable whenever the law is silent such as on the abuse of government machinery, added Wong.

Sigh. What I think this means is that BN can use every single government, tax-payer funded piece of state machinery to ensure the success of their candidates >:( It’s perfectly legal apparently, code of ethics be damned (so typical!).

I’m now a little more sympathetic to the Opposition’s decision to boycott :(

*

Elsewhere in impunity: Two senior managers of Tabung Haji, Dtk’s Mohd Amin Sidek and Mohammed Shafee have been given 10 years in jail for criminal breach of trust involving mismanagement of TH funds and (get this) deceiving ministers.

I’ll be the first to admit, I don’t know the first thing about this case (so please feel free to enlighten me!), but this smacks of scapegoating. It just doesn’t seem like the way the BN government operates, that ministers would be ‘ignorant’ or ‘deceived’ regarding the management of funds. Isn’t it more often the case that they’re a) totally in on it, or b) actually the ones behind the whole thing?

The politicians in question were then Ministers in the PM’s Dep Datuk (now Tan Sri) Abdul Hamid Othman and Brig-Jen (rtd) Datuk Abdul Hamid Zainal Abidin.

I guess at the very best, they were made fools off, and not properly discharging their duties in ensuring the integrity of public fund management.

*

I won’t pretend that *everyone* is immune though. Look at Tan Sri Kasitah Gaddam, also in today’s news. I confess I haven’t been following the case, and have no idea how come he is getting prosecuted while so many roam free (insights anyone?), but it does seem somewhat interesting.

Kumar Hashimah & Co Tel:03-22825622 22.1.2007

Y.A.B. DATO’ SERI ABDULLAH AHMAD BADAWI Menteri Keselamatan Dalam Negeri, Block Utama, By Hand Bangunan Perdana Putra, Fax:03-88883444 Pusat Pentadbiran Kerajaan Persekutuan, 62502 Putrajaya. Email: reduceredtape@pmo.gov.my Email: abdullah@kdn.gov.my YAB,

PER: [...]]]> by Police Watch Malaysia. This group does some very extensive good work; I refer here to their latest posting, which contains a lot of very disturbing information – reproduced below.

Kumar Hashimah & Co
Tel:03-22825622
22.1.2007

Y.A.B. DATO’ SERI ABDULLAH AHMAD BADAWI
Menteri Keselamatan Dalam Negeri,
Block Utama, By Hand
Bangunan Perdana Putra, Fax:03-88883444
Pusat Pentadbiran Kerajaan Persekutuan,
62502 Putrajaya. Email: reduceredtape@pmo.gov.my
Email: abdullah@kdn.gov.my
YAB,

PER: 1. REMAJA BERUMUR 19 TAHUN DAN 20 TAHUN YANG BERLEPAS DARI TEMPAT KERJA UNTUK PERGI MINUM PADA AWAL PAGI DITEMBAK KERETA MEREKA DAN EMPAT (4) DAS TEMBAKAN DILEPASKAN

2. SYARIKAT PENGAWAL KESELAMATAN (PESAING) BERKERJASAMA DENGAN PIHAK POLIS UNTUK KENAKAN ANAKGUAM.

3. DUA (2) ORANG REMAJA INI SUDAH DITAHAN 65 HARI DIBAWAH SEKSYEN 3 (1) ORDINAN DARURAT (KM_MJ) 5/6A SECARA TIDAK SAH DISISI UNDANG-UNDANG.

4. SAMYNATHAN A/L AYAKANNU BAPA REMAJA 20 TAHUN TELAH MINUM RACUN DAN CUBA MEMBUNUH DIRI OLEHKERANA TIDAK DAPAT MENERIMA PENANGKAPAN ANAKNYA DAN KINI SEDANG SAKIT TENAT DAN MASIH DIRAWAT DI UNIT RAWATAN RAPI HOSPITAL TENGKU AMPUAN RAHIMAH, KLANG BERMULA DARI 17.11.2007.

5. RAYUAN SUPAYA KEDUA-DUA ANAKGUAM KAMI INI DILEPASKAN DAN DIBEBASKAN TANPA SYARAT PADA KADAR SEGERA.
Kami bertindak bagi pihak En.Sathiaseelan a/l Selvadorai (19) dan En.Balamurugan A/L Samynathan yang beralamat di No.2, Jalan Tan Sri Manikavasagam 3, Taman Menara Maju, 41200 Klang Selangor dan No.17, Jalan Tan Sri Manikavasagam 9, Taman Menara Maju, 41200 Klang Selangor dengan arahan untuk merayu kepada pihak Y.A.B.Dato’ Seri seperti berikut:-

FAKTA RINGKAS:-

1. Pada 19.11.2006 pada atau lebih kurang pada jam 5.30 pagi kedua-dua anakguam kami yang bekerja sebagai pengawal keselamatan dan Balamurugan a/l Samynathan juga mempunyai pekerjaan kedua sebagai seorang penghantar alat-alat ganti kereta CDM bersama tiga (3) orang lagi rakan – rakan mereka telah menaiki kereta abang En.Sathiaseelan a/l Selvadorai (19) No BGK 5531 dan keluar dari tempat bekerja mereka disebuah kongsi di tapak perumahan di Taman Bunga Raya, Kelang, Selangor dan menghala ke arah lampu isyarat di Taman Sentosa yang adalah lebih-kurang satu (1) Kilometer dari tempat bekerja mereka. Dua (2) salinan kad kuasa pekerjaan ini dari Kawalan Keselamatan Borneo Sdn dan juga Slip gaji Balamurugan a/l Samynathan dilampirkan bersama disini dan ditandakan sebagai Lampiran 1.

2. Tiba-tiba sebuah kereta peronda polis telah menjelma. Anakguam kami En.Sathiaseelan a/l Selvadorai (19) yang memandu kereta tersebut dengan hanya memilik lesen memandu “L” tetapi membawa empat (4) orang penumpang yang lain telah menjadi cemas dan telah mengelak kereta peronda polis tersebut dan meneruskan perjalanan mereka. Pihak polis telah melepaskan satu (1) das tembakan amaran ke udara. (Sesalinan lesan memandu “L” ini dilampirkan bersama disini sebagai “Lampiran 2”

3. Selepas perjalanan lebih-kurang 800 meter lagi dan apabila sampai berdekatan dengan stesyen petrol Esso, anggota polis dari kereta peronda tersebut dan / atau seorang anggota polis yang bernama “citizen” telah melepaskan tiga (3) lagi das tembakan ke arah kereta No BGK 5531 ini. Satu das tembakan terkena dibahagian tepi pintu belakang sebelah kiri kereta tersebut dan satu lagi das memecahkan cermin pintu belakang. Satu peluru masih lagi tersangkut ke dalam bahagian dalam pintu belakang kereta tersebut semasa kereta tersebut dikembalikan kepada pihak keluarga anakguam. Tiga (3) salinan gambar-gambar yang berkenaan dilampirkan bersama disini untuk rujukan senang Y.A.B sebagai “Lampiran 3”. Anakguam kami membantah terhadap perbuatan ini olehkerana pihak polis yang terlatih tersebut jikalaupun (if at all) telah tidak menembak tayar kereta tersebut tetapi terus menembak ke arah remaja-remaja tersebut dan / atau kereta yang dinaiki mereka.

Sebaik sahaja anakguam kami memberhentikan kereta mereka dekat stesyen petrol Esso tersebut, mereka terus diserang dan dipukul oleh seorang gangster dan penarik kereta bernama Loga dan empat (4) orang yang lain. Loga dan keempat orang yang lain tersebut juga telah memasukkan beberapa bilah pisau ke dalam ruang belakang (boot) kereta anakguam kami.

Semasa kejadian ini anggota polis bernama “citizen” tersebut hanya memerhatikannya dari kereta peronda polis tersebut.

Anakguam kami kemudiannya telah ditangkap dan dipenjarakan di empat lokap polis pada atau lebih-kurang seperti berikut:-

1. Balai Polis Kelang dari 19.11.2006sehingga ke 22.11.2006

2. Balai Polis Port Klang dari 23.11.2006 sehingga ke 29.11.2006

3. Balai Polis Shah Alam dari 30.11.2006 sehingga ke 5.12.2006

4. Balai Polis Port Klang dari 6.12.2006 sehingga ke hari ini.

Sehingga ke hari ini anakguam kami ini telahpun dipenjarakan tanpa dibicarakan selama 65 hari dan masih berterusan.

SEKSAAN DAN CILI PADI

Semasa dalam tahanan polis, kedua – dua anakguam kami ini telah didera dan disiksa. Cili padi telah digosok keatas kemaluan dan mata Sathiaseelan a/l Selvadorai. Mereka kemudian dipaksa untuk mengaku salah terhadap beberapa pertuduhan jenayah yang tidak dilakukan dan / atau diketahui mereka. Apabila ibu-bapa anakguam bertanya mengapa mereka ditangkap, seorang pegawai polis bernama ASP Osman dan lain-lain anggota polis cuma mendiamkan diri dan enggan menyatakan kesalahan anakguam kami.

Pihak polis juga telah enggan menerima sebarang pakaian daripada ibu bapa anakguam kami untuk diberikan kepada kedua –dua anakguam kami ini.

Sehingga ke hari ini kedua-dua anakguam kami tidak tahu sebab mereka ditangkap dan dipenjarakan tetapi mereka percaya ianya mungkin seperti berikut:-

1. Loga yang tersebut diatas mempunyai hubungan yang rapat dengan terutamanya pegawai polis yang bernama “Citizen” tersebut. Loga dipercayai mempunyai masalah persaingan perniagaan (rivalry) dengan majikan anakguam kami dan mahu mengambil – alih kontrak pegawal keselamatan di kongsi tapak perumahan, Taman Bunga Raya, Kelang tersebut. Dengan kerjasama “citizen” tersebut dan lain –lain anggota polis, Loga telah “mengenakan” anakguam kami untuk mendapatkan kontrak pengawal keselamatan tersebut. (Nota: Selepas anakguam kami ditangkap, Loga tersebut telah menunggu untuk ketibaan anakguam kami di Balai polis Kelang.

2. Secara alternatif, pihak polis telah tersalah tangkap anakguam kami dan untuk menjustifikasi penembakan ke atas kereta anakguam kami, mereka telah dikaitkan dengan beberapa jenayah dan ditahan untuk disiasat lanjut dibawah Seksyen 3 (1) Ordinan Darurat (KM MJ) 5/69.

KECEDERAAN ANAKGUAM

Anakguam kami Bala Murugan a/l Samynathan telah mendapat kecederaan di bahagian kanan muka dan pihak keluarga telah tidak dibenarkan berjumpa dengannya sehingga dua (2) minggu.

SAMYNATHAN A/L AYAKANNU MENGALAMI TEKANAN DAN MINUM RACUN UNTUK MEMBUNUH DIRI.

Samynathan A/L Ayakannu iaitu bapa kepada Bala Murugan a/l Samynathan tersebut telah meminum racun dan cuba membunuh diri olehkerana tidak dapat menerima penangkapan, penahanan dan pemenjaraan anaknya yang tidak bersalah tersebut dibawah Ordinen Undang-Undang Darurat dan juga bakal ditahan diPenjara Simpang Renggan selama sekurang-kurangnya dua (2) tahun juga dibawah Ordinen. Sudahlah keluarga ini adalah dari kalangan miskin dan hidup mereka sengsara dan Samynathan tersebut tidak lagi dapat menerima penganiayaan berlebihan ini. Beliau telah dimasukkan ke hospital pada 17.1.2007 dan kini masih sakit tenat dan masih sedang dirawat di Unit Rawatan Rapi, Hospital Tengku Ampuan Rahimah, Klang. Sesalinan surat pengesahan dari Unit Rawatan Rapi, Hospital Tengku Ampuan Rahimah, Klang dilampirkan bersama disini sebagai “Lampiran 4”.

RAYUAN

1. Kedua remaja yang cuma berumur 19 dan 20 tahun ini adalah kononya pesalah remaja (alleged youthful offenders). Mereka harus diberi peluang untuk menjadi rakyat yang berguna kepada masyarakat dan negara.

2. Jikalaupun mereka telah membuat salah (yang dinafikan disini) mereka telahpun menjalani kesusuhan, kesengsaraan dan hukuman penjara selama 65 hari setakat hari ini dan masih berterusan walaupun masih belum didapati bersalah oleh Mahkamah yang mulia ini.

3. Anakguam kami telah diberitahu yang mereka akan ditahan dibawah Ordinen Darurat (E.O) dan ditahan di Penjara Simpang Renggan selama dua (2) tahun. Kami dengan rendah diri ingin membawa kepada perhatian pihak YAB bahawa penahanan di Pusat Tahanan Simpang Renggan ini adalah tidak terpakai / tidak berkenaan kepada kedua-dua anakguam kami yang masih lagi remaja dan adalah berlainan dengan jika ianya adalah Pusat pemulihan seperti Hendry Gurney. Penjara Simpang Renggam juga bukanlah satu pusat pemulehan sebagaimana yang dikehendaki terutamanya untuk kedua-dua remaja ini.

4. Malah jika mereka berdua ini ditahan lebih lama lagi bersama-sama dengan penjenayah berat dewasa (“adult hard core criminals”) yang lain anakguam kami ini mungkin akan terpengaruh dengan mereka dan sememangnya mungkin akan menjadi penjenayah apabila dilepaskan kelak.

5. Kedua – dua anakguam kami ini mempunyai pekerjaan (was gainfully employed) semasa ditangkap.

6. Kedua-dua anakguam kami tidak pernah mempunyai sebarang rekod jenayah yang lampau.

7. Kedua-dua remaja ini masih tinggal bersama ibu-bapa dan keluarga mereka dan mempunyai lebih banyak peluang untuk memperbaiki diri daripada jika mereka berada di bawah tahanan polis dan ditempatkan dengan penjenayah-penjenayah berat (hard core ceiminals yang lain.

8. Kedua-dua ibu-bapa anakguam kami memberi jaminan yang mereka akan menjaga anak mereka ini dengan baik dan memohon untuk satu peluang ini sahaja daripada pihak Y.A.B.

RAYUAN UNDANG-UNDANG

9. Artikel 5 Perlembagaan Persekutuan menjamin kebebasan diri kepada setiap rakyat. Jika terdapat bukti terhadap anakguam kami, mereka sepatutnya dan sewajarnya didakwa di Mahkamah. Dalam kes ini anakguam kami adalah tidak bersalah sehingga didapati bersalah oleh Mahkamah. Dalam kes DPP V Woolmington Mahkamah telah memutuskan. “In all criminal proccedings one golden trade is always to observed that is the duty of the prosecution to prove beyond all reasonable doubt the accused guilt subject however to the defences of insanity etc”.

10. Negara kita sudah banyak maju dan akan merayakan ulangtahun Jubelee Emas ke 50 tahun kemerdekaannya. Negara kita juga adalah jauh dari berada dalam keadaan darurat atau sedang berperang. Undang-Undang darurat Emergency Ordinance ini sudahpun usang dan ketinggalan zaman.

Dengan ini kami kami dengan rendah diri memohon supaya kedua-dua anakguam kami ini dilepaskan dan dibebaskan tanpa syarat dan pada kadar segera.

Sekian,

Terima kasih

c.c Y.Bhg Tan Sri Musa Hassan
Ketua Polis Negara Certificate of Posting
Ibu Pejabat Polis Di Raja Malaysia Fax: 22731326
Jalan Bukit Aman
Kuala Lumpur

Geramnye!

Yah yah, you got big GDP (“6.5%), [...]]]> How on earth can you expect the rakyat to buy that crap?? If the economy is doing so damn well, how come we need to pay more for petrol, endure 60% toll hikes and pay 15% more for water (in Selangor) for reasons *you* (personally!) won’t disclose to us??

Geramnye!

Yah yah, you got big GDP (“6.5%), small inflation (“3%”) and low interest rates figures to show off.

At worst, this means *someone’s* getting rich, but it sure as heck ain’t the guy on the (Guthrie/LDP/Cheras-Kajang/ShahAlam) street. Sure, economy is just great – but for the fat catsLAH.

Whatever shred of credibility as some ‘voice of reason’ or ‘champion of progressive politics’ Gerakan may have ever had, it is fast losing. And don’t give me that bull about having to cover some (lying, cheating, robber) assess to help the ‘bigger picture,’ integrity isn’t exactly a two way street you know.

The water issue is perhaps the most infuriating, given how it is DS Lim himself who (essentially telling civil society and Transparency International that they can piss off) somehow declared the agreement between his ministry and multi-million profit-making Syabas to be an Official Secret (correction! politikus reminds me that the agreement is ‘confidential’ and not technically an Official Secret at this point. Thanks politikus!) – just like the toll concession agreements.

Berani kerana benar, TAKUT KERANA SALAH!

Some quotes -

theSun:

He said Malaysia’s economy has been forecast to grow about 6.5% this year, its foreign reserves had increased and there was still continued inflow of foreign direct investment.

“In spite of all these … the people are still grumbling,” he said.

It is impossible that such an ‘experienced’ politician would fail to see why.

On foreign direct investment (the Star):

“Although we are facing stiff competition from the fast-growing economies of China, Vietnam and India in attracting foreign direct investments, we still have a fair share of investments.

Really? Check out some of the latest analyses.

On elections – Check out the difference between the Star:

Dr Lim urged delegates from Barisan component parties to help Abdullah improve the Government’s delivery system.

“We shouldn’t be election-minded all the time,” he said, referring to signs that the general election was getting nearer.

and the NST:

Dr Lim said the assembly could also deliver the coalition’s general election message.

“The general election will be held in two years and that is not a long time. We have to start preparing now.”

*

Please stop jerking us around, DS Lim. Before you want us to believe you about the economy (or anything), please come clean with everything.

The tourists protested – fearing that these were conmen out to rob [...]]]> 2 months ago, 2 tourists were walking along Petaling Street, taking in the sights, when they were (in separate but identical incidents) suddenly confronted by an unidentified man who rudely demanded their passports. They claimed to be police but refused to show any identification.

The tourists protested – fearing that these were conmen out to rob them, steal their passports or worse. The assailants responded by violently handcuffing them and hauling them to a bus.

It later turns out that this was an Immigration Department enforcement exercise. Why were these two tourists, who had legal tourist visas, picked up?

Because they were black :|

I’m *so* serious. This is almost cliche-ly stereotypical of America – where blacks are assaulted by law enforcement just for hanging around or ‘DWB’ – Driving While Black :|

The original BBC report (only now published, notes politikus.. a little odd?) and Malaysiakini follow-ups (full statements from each of the two tourists included) tell how both tourists – one Wayne Wright and a Yahweh Passim Nam – had their passports at the hotel within walking distance; guess whose officers were too freaking arrogant to validify their claims?

The victims told stories of being treated like dogs, handled roughly, given only bread and water, and made to urinate through the gate of their cells.

Relatively lucky for them, these two were American citizens. Their ordeal ended the next day, almost 24 hours later. No one seems to know or care what happened to the other 10-15 black people, presumably Africans, who were incarcerated with the two Americans.

I’m incensed. Mr. Nam said:

I thought KL is definitely not a place in the world where I can feel free, sort of like I feel when I’m back home in the United States in Mississippi – the place where Oprah Winfrey was born. I hope she reads this.

This type of humiliation and treatment will not be accepted by an American citizen. This incident will be heard. The treatment, and the conditions in that camp were both sub-standard and intolerable.

After I arrived in Bangkok, Thailand on Nov 19, I checked myself in my hotel room and locked the door behind me. I noticed that I had developed a xenophobia towards Malaysians.

Mr. Wright:

As I stated yesterday, my goal now is to make sure that no other American has to deal with this in Malaysia, particularly African-Americans who are obviously targets in KL.

I have to say, I hope they both succeed. If pure shaming and pencemaran ‘nama harum’ Malaysia is what it takes to check the unbridled, cowardly and inhumane arrogance of law enforcement in this country, then so be it. If we are racists, then let the world know it, if it’s the only way to get us to change.

I know we have problems with migrants, abuse of student visas etc. But you don’t fight criminals with illegal means. It really angers me how we have so little respect for true rule of law and due process. By barely caring when it happens to black foreigners, we are perpetuating the mentalities that lead to abusive use of the ISA, the EO and so on.

I guess it’s a little late, but I too would really love to see Oprah take this matter on :( Anything to make our government own up and face the music!!

Excerpts from the two Americans:

Mr. Yahweh Passim Nam:

I arrived in Kuala Lumpur on Nov 9, 2006 from Bali, Indonesia, traveling on vacation. I stopped in KL to see the wonderful Twin Towers.

On Nov 16, at 7.20pm I was walking in Chinatown in KL, going to a flower shop to purchase a vase for some flowers I had previously bought for the hostel manager at the Red Dragon Inn.

At that time, I was approached by two men each about 5 feet 11 inches tall in civilian clothes. One grabbed my arm on the left side with a firm grip and asked me to come with them, the other was asking for my passport. At this time I became scared thinking that I was about to be robbed. I told them my passport is in my hotel locked up in a safe place.

I thought I could manhandle them and raise my voice so that someone else could help me or break away or hopefully I would get the attention of a policeman in uniform. I asked the man to my left ‘who are you and why do you want me to come with you’, the man on my left said they were the police and they needed to see my passport.

At that time I pointed to my hotel which was just a block away from the flower shop and said ‘my hotel is just there’, which was the opposite way they wanted me to go. I told them in plain English ‘I am a US citizen, escort me to my hotel and I will proof this’. I was ignored as I walked about 20 feet with these men.

The firm grip on my arm became firmer and at this time both men were holding each arm and when I started to resist I noticed one of the men reaching for some handcuffs on his waist. I said in a loud outburst I am an American citizen before I go anywhere I want see some identification or a badge or something to proof that I was being escorted/carried off against my will by an official of the government.

At this time, a crowd had formed around me and the men. I thought finally someone has heard my cry. My eyes were almost in tears. I asked again, ‘please let me see some identification’. The man that was reaching for his handcuffs instead reached for his wallet and only showed me what looked like a fake ID card with no police insignia or a badge that looked official.

At this time I started talking loudly at people in the crowd to please help me. ‘I am an American citizen here on holiday and these men are trying to rob me, and my passport is my hotel within walking distance.’

One of the people in the crowd said to the men to take me to my hotel and let me get my passport.

I was taken to an unknown location under a bridge. This is where the story started to unfold a bit. There I saw a military truck of some sort with a big cage on the back of it containing about 10 to 15 African men, ages 18 and up and a congregation of Malaysian men with walkie talkies.

I was thinking either I was a victim of some sort of racial profiling or victim of some hate group that was killing all the Africans because I had yet to see something of proof that I was being arrested or taken in to custody by some official of the government.

I was scared! I had started to try and remember faces of the people involved but it was just so many men that looked like the same nationality/race. At that time, I was taken to what seemed to be the leader of the ‘klan’, also in civilian clothes. This man had a walkie talkie a bandanna tied around his head, and a official-looking badge hanging around his neck.

I said to myself finally, someone who looks like they are in charge or a government employee, I said to him in a calm voice ‘I am an American citizen. There must have been a mistake or something, my passport is in my hotel at the Red Dragon Hostel’.

These two men apprehended me and brought me here, if you need to see proof of my citizenship please escort me to my hotel and this misunderstanding can be rectified. It didn’t seem as if he was paying any attention to what I was saying, just my skin colour and my facial features. He was answering his cell phone in one hand and a walkie talkie in the other hand talking in another language, all while looking at me with a facial feature of hate.

He said to me ‘where is your passport’ as if he didn’t hear what I just said in plain English. I said again my passport was in my hotel and that I am an American citizen. ‘I arrived in KL from Bali, Indonesia on Nov 9.’ He said to me in a hateful voice ‘if you are an American citizen, why don’t you have your passport on you?’ I told him ‘just in case I get robbed, I locked it in my hotel room. Please just escort me back there to prove this.’

Another man who seemed to be the second in charge said very loudly, ‘What is your passport number?’ (The two guys who escorted me there were still holding my arms with a tight grip.) I had to think for a minute … social security number … driver’s licence number … oh yeah, passport number…. hmmmmmmmmmmm I said while closing my eyes 1-2-1-0-4-5-…

By the time I got that out, I guess my time limit was up, he gave a signal to his goons to have me placed in the truck. After being locked up with all the other dark faces on the truck I knew the right to due process, including freedom from arbitrary arrest and detention had been violated.

I did my best to become relaxed. After being on that truck and being locked up like an animal, I started to assess the whole situation. It seemed obvious that this was some sort of unorganised mission/sting by the immigration officials of Malaysia to round up Africans.

Time stood still. I thought KL is definitely not a place in the world where I can feel free, sort of like I feel when I’m back home in the United States in Mississippi – the place where Oprah Winfrey was born. I hope she reads this.

Anyhow the truck began getting packed and more packed, some were kicking and screaming, and most were handcuffed. Most of the men were well-dressed and seemed to be coming from work, school, or walking with their girlfriends/wives before being entrapped.

I still did not give up. I thought I’m an American I’m not one of these guys, there has been a mistake.

After it seemed as if the immigration officers had met their quota, we were taken to another place to round up more individuals. The officers who seemed to be rent-a-cops with no badges went off to get something to eat, congratulating themselves on a job well done. We sat in that truck for a little over three hours being transferred from one place to another.

After we reached the third place which seemed like an alley in an undisclosed place, we were escorted off two by two handcuffed to each other. I was handcuffed to Wayne. We were asked to write our names and nationalities on a piece of paper. At that time Wayne produced a copy of his passport which was taken and disregarded like whatever. That was when I thought this was it. Death was surely at the next stop.

We were transferred to another caged truck. I still felt like this was all too strange and we were not being held by any government officials. No rights had been explained to me and at least five hours had passed.

By this time it was 1.30am. We were given sodas and bread was thrown into the cage. It was like trying to feed a freshly captured monkey expecting him to eat while passing him food through the little holes in the cage. I thought if this was a government agency and whether it was complying with the UN Standard Minimum Rules for the Treatment of Prisoners.

Okay, after another long, cold and bumpy ride with about 25 other men, we arrived at a place that looked as if it was a third world concentration camp. We waited at the gate for about 30 minutes because it looked like no one had the key to get in, like no one knew we were coming. After entering this compound, I noticed concertina razor and barbed wire along the tops of the fence. I said to Wayne maybe we were actually at a government agency. We were then escorted off the bus and locked into cages again, this time a huge cage.

I could hear the guards talking in another language, but I could not understand them. All I could understand was the hatred in the tone-of-voice used. I tried to remain calm but being a well decorated veteran from the Persian Gulf War, Desert Storm/Desert Shield 1990/91, I thought back to my military training and becoming a prisoner of war. Post-traumatic stress disorder had taken over again.

We stayed in that cage until 9am Nov 17. With no toilets we were allowed to urinate outside the gate on the grass like animals, a demonstration of inhumane treatment. After looking around, I noticed that there were cages full of humans of all different races. We were then taken out of the cage and processed. Finger printing and picture taking went on.

We were also told to put all our belongings in a plastic bag. Finally we were told we would be there at least two weeks for processing and we would not be able to talk to an immigration officer until Monday because it was Friday.

Then came the time to be escorted to the permanent holding area. Wayne was assigned to the B block and I was assigned to the A block. I told Wayne my email address and he told me his. We thought that this was it. My eyes watered again I asked the guard to see the immigration officer again, and somehow it seem as if he could feel my pain. I talked to the immigration officer and he obtained the number and address to the Red Dragon Hostel.

I talked with Jennie (the hostel manager) to get my passport out of my room and send it by cab. The officer also called Irene at the United States embassy in KL and she asked for my name, birth date and place of birth. Almost in tears of joy, I told her everything she asked for.

Irene asked if I had been physically abused, I said no besides from scratches from the handcuffs, the thought of (mental abuse) didn’t come to my mind until I left the country and locked myself in my hotel room. I also said that there was another American already locked up. Then the officers went to get Wayne.

After she faxed the documents proving that I was an American, I was still in handcuffs. They still wanted me to produce a passport. The head immigration officer asked again why didn’t I have my passport on me. I said because I read on the Internet that I was supposed to leave passports in the hotel safe. The city centre of KL has had several incidents of snatch thefts recently.

At about 4pm, Wayne and I were apologised to on several occasions by most of the staff at the holding camp and then transferred to the immigration office downtown where the immigration officers found our situation somewhat amusing. My eyes watered again but this time in disgust and anger. I told them this not a laughing matter. I was in business clothes I had wore the day before with no shower.

I told them to stop laughing because this was not a laughing matter. I was appalled at their behaviour. I wanted to get back to my hotel room and reserve the next flight out of the country. This type of humiliation and treatment will not be accepted by an American citizen. This incident will be heard. The treatment, and the conditions in that camp were both sub-standard and intolerable.

After I arrived in Bangkok, Thailand on Nov 19, I checked myself in my hotel room and locked the door behind me. I noticed that I had developed a xenophobia towards Malaysians.

My goal now is to make sure that this incident is seen on a worldwide scale and not ignored. My regards to the Prime Minister of Malaysia, Abdullah Ahmad Badawi

*
Mr. Wayne Wright -

2. Around 8-9 pm, I was walking in Chinatown no more than a block away from my hotel and a man in civilian clothes with no obvious identification that would make a reasonable person believe him to be police walked up to me and asked me where I was from. I responded the US and moved away from him because I saw no need to talk with him further.

3. He next asked either “can I see your passport” or “do you have a passport”. I don’t exactly remember which, but again I felt no need to talk with him and said “no” and moved away from him further.

4. He then came after me calling one or two other civilian clothes persons with no ID to put me in handcuffs. Still I had no idea who they were.

5. I started yelling at the top of my voice that I was an American and that someone in the crowd should call the US Embassy. I yelled to the crowd at least 10 times.

6. They dragged me away, one in front by the cuffs and one in back by my pants.

7. About a block or so from where I was stopped and put in handcuffs, I started feeling sharp pain and numbness down my right hand in particular to my index finger. I asked the person to please loosen the cuffs and stop dragging me by them but he would not. He just kept telling me to shut up and that he was taking me to his “boss”. He indicated that I was attempting to run from him and that was the reason for such harsh treatment.

8. At that point, I still didn’t know who he was or that he was with the police, I seriously thought he was about to rob me.

9. After we walked a few more blocks we got to a gated bus where lots of people were standing, and the guys took me to a person who asked me where my documents were. I told him that they were either in my pocket or in my room. I was still cuffed so they patted me down and felt no documents so they put me in the truck and took the cuffs off.

10. Immediately when I was in the truck my hands felt very hot and sensitive to the touch and numb at the same time… kind of like when they fall asleep for a long while.

13. Someone mentioned that Africans were running some kind of scam or cartel in the area and that was why we were most likely targeted.

14. The bus was moved to another location where it appeared to me and others that the police gathered and went off to dinner. We waited more than an hour.

15. The bus went to another location where individuals on my bus were taken off the bus and catalogued. I gave my copy of my passport to the individuals in charge, and they said they would check it out. I got on the other bus.

17. Once morning arrived, I attempted to convince the guards to allow us to make a phone call to the embassy or somewhere for help. We were told that we were going to be catalogued in and moved to the cell blocks and then we would be able to make a call. They said it normally takes a few days for the immigration officers to do a background investigation to determine your identity.

18. I was moved to cell block B where I repeatedly asked to make a call to no avail. The trustee essentially said that I might be able to make a call on Monday. I thought this to be outrageous. Later he told me to put my name and request in a book and that my requests would be considered later.

19. All throughout the ordeal, I made sure that people knew that I was an American and that I would like to call the embassy.

20. This morning my hands are still numb, particularly my two thumbs, my right pointer finger and the space between the thumb and pointer are still numb and I fear that I have permanent damage done to my hands. I will seek medical evaluation once back in the US.

21. After I talked with you, about 4pm, they let us go to immigration. There at immigration I found a copy of my passport. They didn’t appear that they were working with that document to release me.

The freakin’ public’s fault?!?! Tell that to the families of people who’ve died from these robberies.

THE public is partly to be blamed for snatch thefts, said Deputy Internal Security Minister Datuk Mohd Johari Baharum.

He said snatch thefts usually [...]]]> Geramnya!! Deputy Internal Security Minister Datuk Mohd Johari Baharum dares to say snatch thefts are the public’s fault!!

The freakin’ public’s fault?!?! Tell that to the families of people who’ve died from these robberies.

THE public is partly to be blamed for snatch thefts, said Deputy Internal Security Minister Datuk Mohd Johari Baharum.

He said snatch thefts usually occurred when the victims were careless with their property.

“Such an attitude gives snatch thieves the opportunity to strike,” he said when replying to a question from Senator Siw Chun Eam.

Earlier, while replying to a question from Senator Datuk Rizuan Abd Hamid on snatch thefts, Mohamad Johari also placed the blame on women.

“Sometimes, women like to carry expensive handbags and wear clothes that invite trouble,” he said.

If I tried to fully express my anger at this, I would be tresspassing some of the limits I set out for this blog.

Unequivocally – snatch thefts do not happen because people are careless. They don’t happen because of bogeymen foreigners. Snatch thefts happen because Dtk Johari is not doing his bloody job.

I truly, truly, truly hate it when people entrusted to run our country feel that some problems are just unsolvable and don’t give a rat’s ass about even trying. It’s not our fault crime is bad, it’s yours? VOTE THESE GUYS OUT!!!!

*

My mother was attending a youth meeting in a residence in Taman Tun. She got out of her car, and two guys on a bike came from  behind, pushed her down, slashed her, struggled to grab her handbag, and made off.

The cops were nice enough to come over quickly, take a report, etc, but that’s all they could do. The fall injuries later caused my mom’s leg severe pain, and she couldn’t walk for a few days.

When I come back late at night, my mom still comes outside to see whether it’s me or some burglar. That’s how traumatising it was.

But we’re still relatively lucky. What about those students and others who died from these robberies? Their fault for trying to get to school and back, Dtk Johari?

**

Deputy Home Minister Dtk Tan Chai Ho is another ignoramus who refuses to take responsibility. Useless leaders like this who just shrug and say ‘not my fault, what?’ also need to be voted out.

Thankfully, via an updated Malaysiakini story, Irene Fernandez of Tenaganita called him on his idiotic bluff:

“Bustamente cannot issue a general statement based on one or two isolated cases,” he said, adding that Indonesian workers had a good life in Malaysia.

But Malaysian migrant rights group Tenaganita accused Tan of being “in a state of denial” over the treatment of Indonesian maids.

“Tenaganita has been receiving three cases a week of domestic workers particularly from Indonesia and Cambodia,” the group’s director Irene Fernandez said in a statement.

Complaints from maids about physical abuse include rape, and the use of electric shocks, as well as psychological abuse, she said.

“The forms of violence are getting worse, with employers believing that they can get away with it as there are no clear laws to protect domestic workers,” she said.

I also just got the full Tenaganita statement. Good for them for responding to Dtk Tan’s criminally negligent nonsense.

*

Demand accountability from our government! Let’s not take this bullshit sitting down!