Showing posts with label Malaysia. Show all posts
Showing posts with label Malaysia. Show all posts

Monday, 16 May 2011

Al-Fatihah: Aminul Rasyid Amzah (Justice Delayed is Justice Denied)

Al-Fatihah: Aminul Rasyid Amzah
16 May, 2011By Khairul Idzwan
Loyar Burok

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It has been a year since Aminul Rasyid Amzah was killed by the police. Until today, there is no official apology from the police and the case is still in court, where the accused has been called to enter his defence, as a prima facie case has been established against him. But still, justice delayed is justice denied.
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I was not at the scene of the incident, so I can not tell the truth behind the incident. However, I would like to give my personal opinion on the manner in which the police did the shooting.

This is not the first time the police shot suspects to death, as suspects who are under a remand order can also died in lock-ups. Remember Kugan Ananthan and Gunasegaran Rajasundram? Or should I remind you with two deaths at the premise of the police’s "brother", the MACC? Teoh Beng Hock and Ahmad Sarbani? To make things straight, I have nothing against the police or the authorities. I know they have a huge responsibility to ensure that Malaysians live peacefully. But not everything can be settled through shooting or killing, especially when the shooting causes the death of suspects.

In this particular incident, the reason for the police shooting is questionable. I don’t think the police needed to fire multiple shots in the first place. The boy was wrong for driving without a valid licence and snuck out from his house in the middle of the night without his parents’ permission. But can that be a justification for the shooting? Moreover, if I were in his shoes, maybe I would do the same. Just imagine, being chased by several people in motorcycles and accidentally knocking a car. Then, suddenly being chased by police patrol cars. Any "Ali, Ah Chong and Muthu" aged 15 would probably panic in such a situation.

The police had reasonable suspicion to arrest him. Section 24 of the Police Act provides that "if any police officer has reasonable grounds to suspect that a vehicle is being used in the commission of any offence, he may stop and detain the person" [Section 24(1)(b)]. Section 24(3) of the same Act further adds that "if the person fails to obey any reasonable signal of the police officer to stop the vehicle, the person is guilty of an offence and can be arrested without a warrant."

So, in my opinion, when the car had stopped, the police should have first told the boy to surrender. In some newspapers, they reported that the police shot the boy when he tried to run over the police while reversing the car. My personal opinion is that the statement is quite absurd. Based on several photos I have found in blogs, it is impossible for the car to go forward. So, logically, the police will go to the side of the car and not to the back of the car if they wanted to check the condition of the boy.

And some newspapers reported that the police found a long parang in the car. Is it just a cover up to justify the shooting? Nobody will ever know.

Nevertheless, the mother revealed another fact to reporters. The boy had already died before the car went over the side of the road and hit a house. This means that while asking the car to stop, the police had already shot the boy to death. I think this is intolerable. The police should not start firing at the car if they know that, by shooting it, they may cause death to the persons inside the car.

According to the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, intentional lethal use of firearms may only be made when strictly unavoidable in order to protect life [Article 9]. Article 10 further adds that the officials must identify themselves as such and give a clear warning on their intent to use firearms, with sufficient time for the warning to be observed unless by doing so, it will unduly place the law enforcement officials at risk, or would create a risk of death or serious harm to other persons.
The point here is, the use of firearms can only be justified if it is strictly unavoidable.

Even in criminal law, the defence of self-defence can only be invoked if he is in imminent danger, with no other means to save himself from that danger. In an English case, Rashford (2005) All ER 192, the question in that case was whether the defendant feared that he was in immediate danger from which he had no other means of escape; if the violence he used was no more than appeared necessary to preserve his own life or protect himself from serious injury, he would be entitled to rely on self-defence. The keyword here, besides imminent danger, is the proportionality of the attack.

Thus, did the police fire a warning shot before firing at the boy’s car, and subsequently at the boy? Next, did the boy fire back or use other means to attack the police and put the police in imminent danger?

The police have many powers in order to prevent crimes, but that does not includes shooting a suspect to death. According to Article 11 of the Universal Declaration of Human Rights, everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. This means that a person should be considered innocent until it can be proven that he is guilty. If a person is accused of a crime, he should always have the right to defend himself. Nobody has the right to condemn him and punish him for something he has not done.

So, is there any proof to show that the boy is guilty? Even under Article 11 of the UDHR, he is innocent until he is proven guilty. The police must also remember that a suspect is not necessarily guilty. The word suspect itself shows that the suspect is not yet guilty but that it is just suspected that he may have committed a crime.

A fatal shot will cause death to the suspect. If the suspect is dead, how can the police tender evidence to show that he is guilty? How can the investigation continue when the suspect himself is dead?

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Khairul Idzwan read law in UiTM and is now chambering. He misses his law school days. He blogs at http://kairulizwan.wordpress.com.
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Wednesday, 11 May 2011

Hata (Ex-Jounalist) : Utusan Malaysia Behind the print (Why it will never be investigated)

Utusan Malaysia: Behind the print
Free Malaysia Today
Stephanie Sta Maria
May 11, 2011-->May 11, 2011

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Utusan Malaysia's former senior journalist explains why the paper will never be investigated and why Malaysians should take it seriously.
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KUALA LUMPUR: Many uncomplimentary descriptions have been accorded to Utusan Malaysia. The more common of those include “irresponsible”, “mischievous ” and “dangerous”. Of that trio, Utusan Malaysia’s former senior journalist, Hata Wahari, says that the third is dead-on.

The mainstream media, for as long as they pander to the government, enjoy immunity from public prosecution. But Utusan Malaysia has earned a special place within this untouchable clique simply by the virtue of being owned by Umno.

This privilege has spawned relentless attacks on the opposition and increasingly frequent inflammatory reports on race and religion. But while most urbanites can see right through
Utusan Malaysia’s thinly-veiled propaganda, its rural readership remains staunch believers. For this reason alone, Hata warned that giving Utusan Malaysia the brush-off would be a very bad idea.

“People should worry about the slander it publishes because it is taking root in the rural areas,” he told FMT. “KL and Selangor are multi-cultural and able to discuss Utusan’s reports among themselves to seek clarification.”

“But the rural community is predominantly Malay-Muslim. Who are they going to cross-check their facts with? Neither is there another Malay-language paper to counter Utusan’s reports. The only media they are exposed to is government-owned media.”

“The racial flames are being stoked there and one day it will explode. I’m very afraid of that. If anything were to happen, it will begin in the rural areas. I have said before that another May 13 is likely if Utusan is allowed to continue playing up rubbish issues.”

Hata, who is the president of the National Union of Journalists, was given the boot from Utusan Malaysia on April 21 for allegedly tarnishing the paper’s image with such statements. But the termination came as a relief as he could no longer stomach the editorial content that almost flaunted the paper’s role as an Umno tool. Yet he said it wasn’t always this way.

“When I joined in 1995, Utusan was a paper that focused on Malay grassroots issues more than political ones,” he recalled. “The then editor-in-chief, Khalid Mohammad, had more control over the editorial content and the then prime minister, Abdullah Ahmad Badawi, was more open to editorial-related discussions.”

“The Awang Selamat column was used to put forth suggestions on how Umno could address the issues affecting the Malay community. It wasn’t meant to attack people or parties. And even then the column was pulled after two months because of poor response.”

Awang Selamat has since been resurrected and according to Hata, the current column for Mingguan Malaysia is written by the editor-in-chief while the senior editors take turns penning the column in Utusan Malaysia.

Editorial agenda set by Umno

The swing in Utusan Malaysia’s stance came shortly after the 2008 election when Khalid was replaced by Aziz Ishak. According to Hata, the latter does not question the editorial directives set by the Umno political bureau which reportedly sits every Monday night to discuss the paper’s agenda for the week.

Those present are the president Najib Tun Razak, deputy president Muhyiddin Yassin, the three vice-presidents – Ahmad Zahid Hamidi, Hishamuddin Hussein and Safie Apdal – secretary-general Tengku Adnan Tengku Mansor and information chief Ahmad Maslan.

The agenda is then communicated to Utusan Malaysia’s editor-in-chief via the prime minister’s office. The paper will run an issue for three days before dropping it completely unless it receives strong public support from top BN ministers.

It’s a clever strategy because by the third day the other media would have snapped it up to continue milking it, which would leave Utusan Malaysia free to start the ball rolling on another issue.

But this strategy has come at a price. Utusan Malaysia’s circulation figures are steadily declining and the paper has reportedly been suffering losses of up to RM20 million since 2009. Figures from the Audit Bureau of Circulation showed that paper’s daily sales have shrank 20% between June 2006 and June 2010.

“Some 50% of Utusan’s sales are government-sponsored,” Hata said. “Thirty-six government ministries subscribe to Utusan and the government spends up to RM50 million annually on advertisements. These are Utusan’s only profits because most organisations are reluctant to advertise.”

As of June 2010, Utusan Malaysia recorded an average sale of 170,558 copies, according to the Audit Bureau of Circulation. Of the number, between 70,000 and 80,000 copies are distributed to newspaper vendors daily, but Hata claimed that nearly half of these are returned at the end of the day.

The highest number of unsold copies are in Kuala Lumpur.

Hata said that many vendors are also uncomfortable with Utusan Malaysia’s front page stories and either conceal the paper behind other publications or hide it under their tables.

“I live in Puchong and of the 15 newspapers vendors, only one carries Utusan,” Hata said. “Most non-Muslim vendors are more comfortable displaying Berita Harian which carries Utusan’s main story on later pages and on a smaller scale.”

“Even some Umno division leaders have admitted their discomfort with Utusan’s extremist stand because they have to answer to their multi-racial constituents. But the political bureau is unconcerned. All it wants is for Utusan to retain the support of the rural Malay loyalists which it is doing very well.”

Launch of ‘Justice for Lim Lian Geok’ Campaign

Launch of ‘Justice for Lim Lian Geok’ Campaign
http://www.llgcultural.com/eng/
Friday, 06 May 2011 09:01 Sui Thye

In conjunction with the 50th anniversary of the revocation of the citizenship of Mr. Lim Lian Geok, a ‘Justice for Lim Lian Geok’ campaign will be launched this coming Sunday the 8th of May, 2011 at 11.00am at the Kuala Lumpur and Selangor Chinese Assembly Hall (KLSCAH).

Mr. Lim Lian Geok (1901-1985) was the most revered Chinese educationist in Malaysian history. A pioneer of the civil society movement, he was the President of the United Chinese Schools Teachers’ Association (UCSTAM), often more popularly known by its acronym, Jiao Zong, since 1953. Throughout the greater part of his life, Mr. Lim dedicated himself towards fighting for the cause of social justice and equality, as manifested in his constant calls to the then Federal Government for fair and equal treatment of all language streams within the country’s system of education. It was in line with this principled position of his that he strongly and consistently opposed the Federal Government’s move to forcibly switch the medium of instruction of Chinese secondary schools from Chinese to English. This courageous and principled position of Mr. Lim led to his citizenship and teaching permit being unjustly revoked in 1961.When he finally passed away in 1985, the Chinese community bestowed upon him the singular and rare honour of ‘The Soul of Malaysian Chinese’

The stripping of Mr. Lim’s citizenship is undoubtedly one of the biggest injustices ever committed in the post-independence era. It has left a deep wound in the psyche of those who believe in a multi-lingual and multi-cultural Malaysian society.Today 50 years on, we have decided to launch a campaign to right this historical wrong and to restore justice to a grave injustice. More specifically, this campaign has two main objectives:
(1) to urge the Federal Government to restore Mr. Lim Lian Geok’s citizenship that was in the first instance unjustly revoked, and
(2) to promulgate an Education Equality Act with a view towards ensuring equal and fair treatment to all schools that use different media of instruction.. Under this proposed Act, vernacular schools are to be treated equally along with national schools and that all forms of discriminatory practices against vernacular schools should be stopped.

The distinction between fully-aided and partially-aided schools, which forms the basis of such discrimination, must also be abolished.

The ‘Justice for LLG’ campaign will be jointly organized by 13 civil society organizations. They are Jiao Zong (UCSTAM), the KL & Selangor Chinese Assembly Hall, the Negeri Sembilan Chinese Assembly Hall, Persekutuan Persatuan-Persatuan Alumni Sekolah-Sekolah China Malaysia, the Federation of Alumni Association of Taiwan Universities Malaysia, the Federation of Hokkien Associations of Malaysia, the Federation of Eng Choon Associations of Malaysia, Nanyang University Alumni Association of Malaysia, Centre for Malaysian Chinese Studies, the Association of Graduates from Universities and Colleges of China Malaysia, the Federation of Lim Associations in Malaysia, Eng Choon Mei Shan Lim Association of Malaysia and LLG Cultural Development Centre.

As part of the campaign, we will be organizing a postcard signature campaign, public forum , exhibitions, movie screening and a theatrical performance, all of which are aimed at raising the awareness of the public as to the injustice done to a fine patriot and nationalist in Mr. Lim Lian Geok.

All members of the public are cordially invited to attend the campaign launch scheduled for this coming Sunday. Civil society groups that wish to participate in the ‘Justice for Lim Lian Geok’ campaign are also welcome. Already, as many as close to 260 organizations have either openly or through the adoption of resolutions called on the government to restore justice to the late Mr. Lim Lian Geok.

For more clarifications and information, please contact the joint secretariat at 03-26971971/2 or fax 03-26971970 or visit our blog at http://justiceforllg.wordpress.com.

Dato Dr. Toh Kin Woon
ChairmanCommittee of Justice for Lim Lian Geok Campaign

* This is the personal opinion of the writer or publication. The Malaysian Alternative Voices does not endorse the view and/or event unless specified.

Friday, 6 May 2011

Equal Opportunity Commission to Reverse Brain Drain?

Tony Pua
Friday, May 06, 2011

Equal Opportunity Commission to Reverse Brain Drain?

The Prime Minister Datuk Seri Najib Abdul Razak has set the lofty goal of becoming a high-income nation earning US$15,000 per capita which all Malaysians must support.

However, the recent World Bank Malaysia Economic Monitor Report on “Brain Drain” serves up a stark reminder to Najib that such goals will be nothing but pipe dreams if critical reforms are not instituted. The Report said that “Malaysia seems stuck in a middle-income trap, the predicament that prevents middle-income countries from fulfilling the next step in their development path towards high income.”

It added that our “growing inability to remain competitive as a high-volume, low-cost producer coupled with the difficulty to break into fast-growing markets for knowledge- and innovation-based products and services.”

As a result, we are failing to achieve our income potential and it cited the damning but instructive example of South Korea where “four decades ago South Korea was markedly poorer than Malaysia, South Korea’s per capita income is now three times higher than Malaysia’s.”

To break out of the middle-income trap and to fulfil our growth and income potentials, the World Bank report had confirmed what many had already knew, that Malaysia must stem and reverse the acute brain drain faced by this country, where 2 out of every 10 tertiary educated leaves.

In fact, the World Bank survey has found that an overwhelming 87% of respondents suggested that a "paradigm shift away from race-based towards needs-based affirmative action" may entice a migrant to return to Malaysia. What’s more, the survey had indicated that 60% of respondents cited "social injustice" as a key reason for their leaving the country.

Hence as an immediate measure to demonstrate Najib’s commitment towards achieving a high-income nation status, he must reinstate the “Equal Opportunity Commission” (EOC) which was proposed in the New Economic Model (NEM) Part 1, but was subsequently inconspicuously dropped due to strong protests from within UMNO and from right-wing Malay rights groups such as Perkasa.

The EOC was proposed in the original NEM to “cover discriminatory and unfair practices” in both the public and private sectors, not only to promote “economic efficiency through competition”, but more critically, to ensure “inclusive growth”.

The late Datuk Zainal Aznam, who was the Deputy Director at Institute of Strategic and International Studies (ISIS) and Malaysian Institute for Economic Research (MIER), who had spent 20 years with the Economic Planning Unit (EPU), was a key member of the National Economic Action Council (NEAC) who delivered the NEM.

Datuk Zainal Aznam was highly critical of the Government’s decision to drop the proposed EOC where he said “after more than 50 years of independent growth, we are no closer to being racially blind… Current and future conflicts in Malaysia will be fuelled more by an outraged sense of inequality and unfairness in economic opportunities…”

At a forum organised by think-tank Institute for Democracy and Economic Affairs (IDEAS) in February this year, Datuk Zainal Aznam had revealed that reforms such as the EOC were “lambasted and strangled by right wing groups led by Perkasa. They wanted to burn part one (of the NEM)”

He lamented that “there is political will, but it is insufficient, like (what happened with) the Equal Opportunities Commission,” and added that he had “serious doubts (about) how far the BN government is willing to go.”

As a tribute most befitting to Datuk Zainal Aznam who had passed away on last week, Najib should immediately announce the reinstatement of the proposed EOC, and introduce the necessary legislations in the coming parliamentary sitting commencing on 13th June. The measure will contribute positively towards helping Najib’s Talent Corporation succeed in convincing migrants to return, and curb the excessive drain on the country’s talent, so critical in achieving Malaysian’s high income nation target.

(Lacking in) FREEDOM OF THE PRESS (143/196)

Freedom of the press

2011-05-05 15:08
By LIM SUE GOAN

Translated by Soong Phui Jee

Sin Chew Daily

Malaysia has dropped from 141 to 143 out of 196 countries surveyed worldwide in the Freedom of the Press Index released by US-based Freedom House. It is categorised as "not free".
It shows that despite the efforts of several decades, Malaysia has not much improved in terms of press freedom.

After the national independence, freedom of the press has never been included in the government's plan of improvement due to political, racial and religious sensitivities. If there is a ranking for different fields, politics would top the list, followed by economy while freedom of the press would be ranked the bottom.

During the administration of Tun Dr Mahathir Mohamad, the press lacked freedom and not much improvement had been made in Tun Abdullah Badawi's era. We thought that policies would be relaxed after the 2008 general election but freedom of the press has not been included in the Key Performance Index (KPI), National Key Results Areas (NKRA), Government Transformation Plan (GTP) and Economic Transformation Programme (ETP).

Our ranking is inconsistent with the status of a middle-income country. It is indeed shameful that Malaysia has been ranked below East Timor (77), the Philippines (93), Indonesia (108) and Cambodia (141) with relatively weaker economies.

There are three criteria to assess a country's freedom of the press:

Law and control: if there are many laws to control and restrain the media, the space of coverage will shrink. Media practitioners will naturally self-filter as they are fear of breaking the laws.
The government plans to amend the Printing Press and Publication Act but no action has yet been taken. However, the revised publications guidelines might control various information circulating on the Internet. If the law is tightened instead of relaxed, our ranking is likely to drop further next year.

If the Home and Information Communication and Culture Ministries plan to establish a national media advisory council so that the government is empowered to lead and restrain the media, the outlook for press freedom will be more gloomy.

The status of the media: in a country with a high degree of press freedom, the constitution, courts and government will protect the media and therefore, the media enjoy a high status. For example, President Richard Nixon was prompted to resign during the 1972 Watergate scandal.
In Malaysia, the mainstream media are controversial. They might be accused of being intervened by politics or becoming a racial camp, and lose their credibility and status.

It is a tragedy on the Press Freedom Day when National Union of Journalists (NUJ) President Hata Wahari was dismissed by the Utusan Melayu.

The quality of news: if the media become a day-book reporting only what people have said, it will be empty in terms of value.

The Los Angeles Times won the Pulitzer Prize gold medal for public service this year for revealing official corruption in Bell. In Malaysia, instead of corruption revealing reports, award winning reports are general news. Who is responsible for such a situation?

If Malaysia wishes to become an advanced high-income country in 2020, freedom of the press is absolutely essential. Without freedom of the press, we will never be categorised as a developed country and social justice will drift further and further away.

MySinchew 2011.05.05

Friday, 29 April 2011

NEP , Brain Drain hold Malaysia Back

NEP, brain drain holding back Malaysia, says World Bank


Malaysia Insider - 28 Apr 2011
KUALA LUMPUR, April 28 — More than one million Malaysians live abroad, the World Bank said today, adding that policies favouring Malays are holding back the economy, causing a brain drain and limiting foreign investment.

In a Bloomberg news service report today, World Bank senior economist Philip Schellekens was also quoted as saying that foreign investment could be five times the current levels if the country had Singapore’s talent base.

“Migration is very much an ethnic phenomenon in Malaysia, mostly Chinese but also Indian,” Schellekens (picture) told Bloomberg in Kuala Lumpur on Tuesday ahead of the report’s release today.

Governance issues and lack of meritocracy are “fundamental constraints” to Malaysia’s expansion because “competition is what drives innovation,” he said.

Malaysia’s growth fell to an average 4.6 per cent a year in the past decade, from 7.2 per cent the previous period.

Singapore, which quit Malaysia in 1965, expanded 5.7 per cent in the past decade and has attracted more than half of its neighbour’s overseas citizens, according to the World Bank.

Malaysia has in recent years unveiled plans to improve skills and attract higher value-added industries.

The World Bank conducted an online survey in February of 200 Malaysians living abroad in conjunction with the Kennedy School of Government at Harvard University.

They cited better career prospects, social injustice and higher wages as their main reasons for leaving, the Washington-based lender said in the Bloomberg report.

Singapore has absorbed 57 per cent of Malaysia’s overseas citizens, with almost 90 per cent of those crossing the border ethnic Chinese, the World Bank said.

“If Malaysia has the investment environment of Singapore and also had the innovation and skills environment of Singapore, then foreign direct investment inflows into Malaysia could be about five times larger,” Schellekens said in the Bloomberg report.

“They need to boost productivity and strengthen inclusiveness.”

Prime Minister Datuk Seri Najib Razak has pledged to roll back the country’s NEP-style policies but he also told the Umno assembly last year that the government’s social contract of providing benefits to Bumiputeras cannot be repealed.

According to the Bloomberg report, Najib has eased some rules to woo funds, including scrapping a requirement that foreign companies investing in Malaysia and locally listed businesses set aside 30 per cent of their Malaysian equity for indigenous investors. Last year, he unveiled an economic transformation programme under which the government identified US$444 billion (RM1.3 trillion) of projects from mass rail transit to nuclear power that it would promote in the current decade.

“If everything is implemented as they say, Malaysia is going to be a star economy,” Schellekens told Bloomberg. “The problem is implementation.”