Friday, December 21, 2007

Samy out of touch with the community

The Indian voters, who for long have been loyal to the Barisan Nasional, will shift away from voting for the ruling coalition in the next general election, predicted Opposition Leader Lim Kit Siang.

He also said that the elections will be held in March next year. Constitutionally the prime minister need not call for a national poll until April 2009. Speaking at a forum held in Ipoh yesterday, Lim said that the next general election will be different due to the “awakening of political consciousness among the Malaysian Indians”.“They are an important factor in determining the electoral outcome,” he said.

He added that although there were no single parliamentary or state assembly constituencies where the Indian voters constitute the majority of the electorate and could singly decide on the outcome, Indian voters nevertheless represented over 10 percent of the electorate in 62 parliamentary constituencies and 138 state assembly constituencies.“

In 28 parliamentary and 78 state assembly constituencies in Peninsular Malaysia, the Indian voters are the ‘kingmakers’ as they constitute more than 15 percent of the electorate and exercise as decisive influence as to who wins or loses in the constituency,” he added.Lim also trained his attacks on MIC president S Samy Vellu, whom he said had confirmed that the government had dismissed the community’s legitimate grievances in an RTM interview on Wednesday night.

On the show, he talked about the development and success of the Indian community. Serious denial syndromeSamy’s responses in the interview, Lim charged, showed that the minister had lost touch with the Indian community. Lim further claimed that Samy has a "serious denial syndrome" when he claimed that the government has never neglected the Indians.

According to him, Samy blamed "ineffective delivery system" in dismissing legitimate grievances of the Indians over political, economic, educational, social, cultural and religious marginalisation. Saying that it was a very poor excuse, Lim told that "Samy Vellu cannot run away from the fact that he had been the MIC president and sole Indian cabinet minister for over 28 years”.

In the interview Samy, who is also the works minister, was quoted as saying that he had asked Abdullah to "give a bit more to the Indians".On this issue, Lim asked: "Why is he asking ... as if (he) must beg on behalf of the Indians, when (they) are entitled to ask what should be rightfully theirs?"Samy’s constituency Sungai Siput is one area where the Indian voters make about 22.45 percent.

'9 reasons' to lock up Uthayakumar


'9 reasons' to lock up Uthayakumar
Andrew Ong Dec 21, 07 3:50pm
Of the five Hindraf leaders detained under the Internal Security Act (ISA), P Uthayakumar recorded the highest number of reasons which the government used to support his detention. The nine reasons were listed in the detention order as an annexure titled “Allegations of facts” on which the order is based - a requirement under Section 11 (2) (b) of the ISA. Other than five seditious speeches, Uthayakumar was accused of organising three illegal assemblies - at the Prime Minister’s Office in Putrajaya, outside Parliament and outside the Attorney-General’s Department - between Nov 2006 to August 2007.
The final reason is his alleged links to Liberation Tigers of Tamil Eelam (LTTE), a separatist group in Sri Lanka which has been declared a terrorist organisation by a number of western countries.Uthayakumar has vehemently denied Hindraf's links to LTTE.Two other Hindraf leaders detained under ISA - V Ganabatirau and T Vasantha Kumar - had six allegations mentioned in their respective detention orders. M Manoharan chalked up seven while R Kenghadharan had only three.
The four other detainees were mostly accused of making ‘seditious speeches’ during Hindraf organised public forums and taking the movement’s cause overseas. Hearing next week The five were detained under the ISA on Dec 13 based on an order signed by Prime Minister Abdullah Ahmad Badawi under his Internal Security Minister portfolio.
The detainees were immediately sent to the Kamunting Detention Centre to serve their two-year detention. In a related development, Karpal Singh - counsel for the five Hindraf leaders - today filed habeas corpus applications for Uthayakumar and Vasantha Kumar at the Kuala Lumpur High Court.
The applications follows similar applications made by Karpal on behalf of Manoharan and Ganabatirau on Wednesday. Speaking to reporters later, Karpal said Judicial Commissioner Zainal Azman Abd Aziz would be hearing all four cases next Wednesday. A habeas corpus application for Kenghadharan would be made on Monday. The move is believed to be a deliberate attempt to disassociate him from Hindraf.

Hindraf supporters shave heads to protest detention

Source : MalaysiaKini
More than a dozen ethnic Indian activists shaved their heads outside Batu Caves temple today to protest the detention of their leaders under the tough Internal Security Act (ISA).

Five leaders of the Hindu Rights Action Force (Hindraf), calling for an end to alleged discrimination of Indians in multi-racial Malaysia, were held last week under the ISA which allows for indefinite detention without trial.

More than 100 Indians gathered on the banks of a river near a temple at Batu Caves, just outside Kuala Lumpur, where 16 people shed their hair.

"The 16 of us have shaved our heads as a protest against the detention of the five leaders of Hindraf who are being held under the ISA," said activist S Jayathas.

"We do not believe they are a threat to national security and we think the ISA should be abolished," he added.

According to rights group Suaram, 89 people are currently being held under the ISA with almost half of those held being alleged Islamic militants.

Gandhi posters
The group then carried pictures of Indian non-violence Independence leader Mohandas K Gandhi as they headed towards the temple where prayers were held.

"In the Hindu religion, people shave their heads as a sign of mourning," said opposition PKR leader Sivarasa Rasiah, who was present at the event.

"Here, it reflects the sadness over the detention of the leaders and that protests against their detention and the fight against discrimination will continue," he told AFP.

Hindraf enraged the government last month by mounting a mass rally alleging discrimination in Malaysia, which is dominated by Muslim Malays.

Police used tear gas, water cannon and baton charges to break up the street protest, which drew 30,000 people and came just two weeks after another rare demonstration organised by electoral reform campaigners.

Wednesday, December 19, 2007

Malaysia: Government failing to respect the right to freedom of assembly

Amnesty International condemns the arrests of human rights lawyers, activists and members of the public in the past few days as they exercised their right to peaceful assembly and freedom of expression. These include members of Bersih, a national coalition of NGOs and opposition politicians, calling for free and fair elections and the Hindu Rights Action Force (Hindraf). Amnesty International is also concerned that there are still many individuals who remain in detention, and calls for the immediate release of all those detained.
Amnesty International is concerned that the Malaysian government appears to have begun a sustained crackdown against public assemblies. In recent weeks two large assemblies have been held which have been met by excessive use of force by police and arrests on dubious charges. On 10 November, Bersih held a large demonstration of at least 30,000 people. In a separate incident on 25 November, Hindraf gathered around 40,000 ethnic Indians in order to protest their dissatisfaction over government policies resulting in marginalisation of and discrimination against the Indian community. During both demonstrations, police used water canons, tear gas and excessive force against demonstrators, resulting in many injuries. Mass arrests and arbitrary detention also occurred following the events.
Amnesty International is concerned that the Malaysian government is obstructing the fundamental human right of all individuals to freedom of expression and assembly. A series of arrests and charges began on 6 December, when 31 Hindraf supporters were charged with attempted murder, after a policeman suffered injuries, and have been refused bail. In addition, three leaders of Hindraf, P. Uthayakumar, P. Waya Moorthy, and Ganapathy Rao, have been charged under the Sedition Act for remarks made during a speech on 16 November, and with a letter posted on their website.
Nine human rights lawyers and activists were arrested on 9 December as they attempted to conduct a march commemorating Human Rights Day. The march which began at a large department store in Kuala Lumpur central market, was stopped halfway by a large police contingent. The lawyers were arrested and now face charges of illegal assembly and disobeying police orders to disperse. If convicted, they could face up to two and a half years imprisonment. Amnesty International also expresses concern over the arrest of seventeen members of Bersih who attempted to deliver a memorandum to opposition parliamentarians, on 11 December.
In putting its signature to the ASEAN charter on 21 November, Malaysia has committed itself to the 'promotion and protection of human rights' as stated explicitly in the Charter. Amnesty International urges the Malaysian Government to respect the fundamental rights of assembly and expression and to safeguard against arbitrary arrest and detention enshrined in the Malaysian Constitution and international human rights law. The organisation also calls on the Malaysian Government to ratify the ASEAN Charter without delay, and to give effect to the human rights principles contained within the Charter through the creation of an effective and independent regional human rights body.
Over recent years Amnesty International, along with the National Human Rights Commission (SUHAKAM) and the Royal Commission to Enhance the Operation and Management of the Royal Malaysian Police, has called on the government of Malaysia to amend section 27 of the Police Act. The section stipulates that a police permit is required for public assemblies. Under the Police Act anyone participating in a demonstration can be arrested and detained for 'illegal assembly'. Amnesty International recommends that the Malaysian authorities implement the recommendations contained within the reports from SUHAKAM and the Royal Commission that also give guidance on police procedures during the dispersal of demonstrations and issuance of permits.
In light of the fact that more demonstrations are likely in the lead up to elections expected in 2008, Amnesty International urges the Government of Malaysia to respect the right to freeom of assembly and expression. The legitimate maintenance of public order must not be achieved through violating the rights of people who peacefully assemble and express their opinions.

Malaysia is silencing minorities, says HRW

An international human rights group called on Malaysia on Tuesday to release five ethnic Indian activists who have been detained without trial, and accused the Muslim Malay-dominated government of trying to silence a minority. New York-based Human Rights Watch said in a statement that Malaysia should immediately free the five leaders of the Hindu Rights Action Force, (Hindraf), who were arrested on Thursday under the Internal Security Act for alleged sedition and threatening national security.

The colonial-era ISA allows for detention without trial for an initial period of two years that can be extended indefinitely. Elaine Pearson, deputy Asia director at Human Rights Watch, said the arrests were "an attempt to frighten into silence a minority community concerned about its rights."

"The government must allow all voices to be heard, including those from marginalised communities like Hindraf who are seeking equal access to basic rights," Mr Elaine Pearson said.
The five activists had organised a demonstration in November where some 20,000 ethnic Indians participated to voice the community’s demand for equal rights.

The police used tear gas and water cannons to quell the protest, and charged 31 other people with attempted murder. The charge was dropped on Monday. Indians, who are at the bottom of the economic and social ladder, complain they face discrimination in education, job and business opportunities and their temples have been unfairly demolished.

Muslim Malays make up 60 per cent of Malaysia’s 27 million people and dominate the government. The government has denied that racial discrimination exists and has accused Hindraf of inciting racial hatred and unrest in this multiethnic country. Human Rights Watch and other rights groups have called on the government to abandon the Internal Security Act, last used against political dissent in 2001, and try those, mainly criminal and terrorist suspects, still held under the law. (AP)

Tuesday, December 18, 2007

Why were the charges dropped?

DAYS after invoking the controversial Internal Security Act (ISA) against five Hindraf (Hindu Rights Action Force) leaders in a show of might, Malaysia yesterday appeared to soften its stance when it dropped charges of attempted murder against 31 ethnic Indians for wounding a police officer during the group's protest at a Hindu temple last month.

The decision by Attorney-General (AG) Abdul Gani Patail was made three days after Prime Minister Abdullah Ahmad Badawi met 16 Indian non-governmental organisations (NGOs) to hear their grievances. While the NGOs welcomed the move, some political analysts saw it as a calculated attempt by the Prime Minister to give his reputation a boost following his decision to use the ISA against the Hindraf leaders. Six of the 31 were released unconditionally, while the other 25 were charged with mischief and illegal assembly. They pleaded guilty and were released on bail of RM500 ($220) each, ahead of sentencing scheduled for Dec 27.

The five Hindraf leaders remained in detention under the ISA. While they have avoided the maximum possible jail term of 20 years for attempted murder, the 25 still face up to five years in prison and/or a fine for mischief while taking part in an unlawful assembly, as well as a jail term of up to one year and/or a fine of not more than RM10,000 for illegal assembly, Mr Ravi Neeko, the chairman of the Bar Council Legal Aid Centre in Kuala Lumpur told Today. The sentences can run consecutively or concurrently. Bar Council president Ambiga Sreenevasan, while welcoming the AG's decision, said it was regrettable that the 31 had to spend about 15 days in prison. Underlining its belief that freedom of assembly is a constitutional right, the council had appointed 10 lawyers to represent the 31 individuals under its free legal aid scheme. They made a representation on Friday to the AG to have the charges reduced.

Bar Council vice-president and one of the members of the legal team, Mr Ragunath Kesavan, said the AG had "responded positively". Expressing joy over the development, Mr A Vaithilingam of Malaysian Hindu Sangam, the group that led the special meeting with Mr Abdullah, told Today: "To me, arresting people in a place of worship is not the right thing to do." At the meeting with the Indian NGOs on Friday, Mr Abdullah promised he would urge the AG to review the charges.

While acknowledging that the meeting was one of the factors that had affected the AG's decision, Mr Vaithilingam denied that there was a compromise between Mr Abdullah and the Indian NGOs over the charges. He said: "We only spoke to the Prime Minister. Everything else was between the Prime Minister and the AG." Mr Samy Vellu, the president of the Malaysian Indian Congress (MIC) – the main Indian party in the ruling Barisan Nasional - yesterday thanked Mr Abdullah and applauded the move to "lighten the burden of the families" of those imprisoned.

But Dr Ooi Kee Beng of the Institute of South-east Asian Studies said the reduced charges hinged more on the fact that the case "doesn't hold" in court. He told Today: "To prove that 31 people tried to kill a policeman, how do you do that? To prove that two persons tried to do so would already be difficult." Still, Dr Ooi said the move could be an attempt by Mr Abdullah to soften his political image. "Using the ISA damaged Mr Abdullah's reputation quite a bit," he said. "He might, over the next few days or weeks, try to appear merciful to tie in with his general reputation of being a soft, kind uncle."

In another development, two opposition leaders from Parti Keadilan Rakyat are suing the Malaysian government for RM4 million for "wrongful" arrest last Tuesday near Parliament House. Keadilan's information chief Tian Chua, 43, and its Kota Raja division information chief Abdul Razak, 46, have named Inspector-General of Police Musa Hassan and the government as defendants in a suit filed in the Kuala Lumpur High Court yesterday. They are also demanding compensation of RM20,000 for damage done to Mr Abdul Razak's car, as well as RM80 a day for the loss of use. "The suit is to preserve our good name and dignity," Mr Chua told reporters.

The two were among 26 individuals from Bersih - a coalition of five opposition groups and 67 NGOs seeking free and fair elections – arrested last Tuesday for defying an order against illegal assembly when they tried to submit a memorandum of protest against a Bill to raise the retirement age of election officials to Parliament.

I told PM the truth

As citizens of Malaysia, Indians have the right to enjoy equal opportunities and must not be treated like third-class citizens.

This was the crux of Malaysian Indian Business Association (Miba) president P Sivakumar's hard-hitting speech during the special meeting between Indian non-governmental organisations (NGOs) and Prime Minister Abdullah Ahmad Badawi last Friday."In the past, only the educated and middle-class Indians were unhappy about the difference in treatment. But over the last three years, every Indian in the country is unhappy and angry over the way we are treated," he said.Sivakumar told Malaysiakini yesterday that at the onset of his speech, he sought permission from Abdullah to speak without fear or favour and to tell him the truth.To this, he said, the premier replied: "Yes, please tell me the truth."Following this, Sivakumar continued: "As you (Abdullah) are aware, the communities in Malaysia are affluent and very much matured after 50 years of Independence.""The term bumiputera and non-bumiputera literally means 'son of the soil' and 'not son of the soil' (respectively). That means the Indian community was born where - in the sky?" he said, telling Malaysiakini that Abdullah tittered at this remark.

Sivakumar said in the past, the New Economic Policy (NEP) won the support of all three communities because it was initiated to address the socio-economic position of all races."So what is happening?" he asked the premier. "What (is) 40,000 Indians? You should have given the (police) permit, there would have been more than 300,000 Indians on that day," he added in reference to the Nov 25 rally organised by the Hindu Rights Action Force (Hindraf).The urban poorCiting the agriculture sector, Sivakumar said there more than 70 percent Indians were involved in this sector."When the policies changed, what measures did the government take to address the thousands of Indians chased and driven out of the estates, with nowhere to go, and no housing left," he added.The Miba president said this led to the emergence of urban poor, resulting in serious social problems like gangsterism."Indians killing each other for a living, who is to be blamed?" he asked."If only a Felda-type (scheme) had been extended to these Indians, with proper nurturing and with land given to develop small holdings and animal husbandry, they would have contributed well to the economy and even cut down our import bill, especially on dairy products. We need not depend so much on foreign workers," he said.On the issue of funding, Sivakumar pointed out that MIC recently held seminars by calling Agriculture and Agro-based Industries Minister Muhyiddin Yassin who promised the Indian community help and support."But what happened?

Let's take Johor for example, I personally followed up with the (state) Agriculture Department after Muhyiddin reminded the director to help the Indians. "Nothing, not a single ringgit was given to the Indians," said the Johor-based businessman."Let's take other funding agencies, like MIDF, SMIDEC and SME. Yes, all (of them) like to hold seminars, (produce) good paper work. But nothing for the Indians," he added.

No help extendedAs for privatisation, Sivakumar once again cited the situation in Johor. He said the state government identified 43 projects. "The community was offered only one project, only to be retracted after two weeks. Why?" Apart from this, the Miba president also reminded the premier that the latter had pumped RM100 million into a fund to help single mothers embark on business ventures."I checked with them (the fund), nothing was extended to Indian single mothers in Johor," he said.Turning to the construction sector, Sivakumar said: "You (Abdullah) had offered 30,000 jobs, (but) when a group of Indians went to apply for tender, they were told to leave because it was only for bumiputeras."They had to leave the place with shame and tears. Is this fair? Aren't they citizens (too)?" he added.Moving to the civil service, Sivakumar quoted Abdullah as saying that Indians make up five percent of the civil service."But our population is nine percent, what about the balance four percent? At least, place Indians where help is needed. For example, EPF in JB (Johor Baru), only one Indian, Socso none, post office none," he said.The Miba president also highlighted that the scrap metal business, which involves many Indian businessman, is now under threat of licences not being renewed."Who will take care of their families and children if they cannot perform?" he asked.Three-percent equityOn the Ninth Malaysia Plan (9MP), Sivakumar noted that it has been three years since Abdullah announced the three percent equity target for Indians."What are the steps and measures that you have initiated, please tell us. Even now, it is not too late, we have initiated an independent co-op for the community without any political group’s control. PM can help by funding this."I have even given (MIC president) S Samy Vellu a project paper on where Indians can go into - bio-tech business as a self-help programme. Why not help us because the Indians need the government's help. The Indians need opportunities," he said

Sivakumar also highlighted the issue of temple demolitions and asked for temples constructed before Merdeka not to be demolished.On that note, he also urged Abdullah to review the detention of five Hindraf leaders under the Internal Security Act (ISA) and called for them to be charged in court.He also called for the release of the 31 people charged for the attempted murder of a policeman in connection with the Hindraf rally. Yesterday, Attorney-General Abdul Gani Patail withdrew the charge.Sivakumar told Malaysiakini that he wrapped up his speech by apologising to Abdullah if he had offended the latter with his remarks.According to him, the premier replied: "Not at all, Thank you for telling me the truth."The special meeting between the NGos and the prime minister was called following widespread debates on the allega