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Showing posts with label Najib Razak. Show all posts
Showing posts with label Najib Razak. Show all posts

Sunday, March 4, 2012

Are Malaysia a target for regime change?

COMMENT By CHANDRA MUZAFFAR

The forces that shape Washington’s attitude towards Malaysian politics and political leaders may have a hidden agenda.

IN his widely read blog (Feb 13, 2012), the former Prime Minister of Malaysia, Tun Dr Mahathir Mohamad, criticises the politics of regime change pursued by the United States of America.



He is concerned that Malaysia may also be a target for regime change. And the US candidate to head the new regime which will be in full, complete support of US policies, he says, is none other than the Leader of the Opposition, (Datuk Seri) Anwar Ibrahim.

Why should the US government seek regime change in Malaysia when the present Prime Minister, Datuk Seri Najib Tun Razak, has sought to further strengthen ties with Washington?

He has even employed a Washington-based public relations firm, Apco, to boost Malaysia’s image in the US. Najib’s personal relations with US President Barack Obama are supposed to be “excellent”.

And yet it is quite conceivable that the forces that shape Washington’s attitude towards Malaysian politics and political leaders may prefer Anwar to Najib for a number of reasons.

One, while Najib may have some rapport with formal leaders and the formal state, it is Anwar who has intimate links with the “deep state” in the US system.

It is the deep state represented by powerful interests such as the Zionist lobbies, the Christian Right, the bigwigs on Wall Street, the oil barons, the arms merchants and the media Moghuls which is in effective control.

To appreciate the distinction between the two, one has to reflect on Obama’s Cairo speech on June 4, 2009, which stated explicitly that “The United States does not accept the legitimacy of continued Israeli settlements” but in reality the formal leader has had to yield to the Zionists and the Christian Right who are enthusiastic promoters of Zionist expansion at the expense of the Palestinians.

Anwar’s entry into the deep state was through his close friendship with Paul Wolfowitz, the former US Deputy Secretary of Defence and one of the staunchest champions of Zionist power.

It was mainly because of Wolfowitz that Anwar became the first chairman of the Foundation for the Future in 2005, an organisation established ostensibly to promote democracy in West Asia and North Africa (WANA), but whose real purpose is to perpetuate US-Israeli hegemony over the region.

Even before this, in 1998, in the midst of the Asian financial crisis, Anwar was espousing an IMF-type solution to the nation’s economic woes, thus revealing his political orientation.

This is why during his first two trials for abuse of power and sodomy between 1998 and 2004 and during his recent trial for sodomy, the mainstream Western media went out of its way to demand that the Malaysian authorities acquit Anwar.

Wolfowitz and former US Vice-President, Al Gore even penned a joint opinion piece in the Wall Street Journal on Aug 4, 2010, urging the US government to persuade the Malaysian Government to “ act with wisdom” in Anwar’s trial.

A day before he was acquitted, on Jan 8, 2012, The Washington Post in an editorial warned that “If the verdict fails that test (Malaysia’s commitment to democracy and the rule of law), there should be consequences for Mr Najib’s relations with Washington.”

This was an undisguised, unabashed attempt by one of the media pillars of the deep state to pressurise a sovereign nation to submit to its will.

Two, if Anwar is the darling of the deep state in the US, it is partly because of his stand on Israel. In an interview with The Wall Street Journal on Jan 26, 2012, he reiterated his support for “all efforts to protect the security of the state of Israel”.

It should be emphasised here that support for Israeli security – contrary to what he is saying now – was not contingent on “Israel respecting the aspirations of the Palestinians”.

In the interview, Israel’s security stands by itself. It is diplomatic recognition of Israel that Anwar links to Palestinian aspirations.

Placing Israel’s security on a pedestal is the sort of gesture that the deep state and Zionists the world over laud, especially if the advocate is a Muslim leader. For Israel’s security has become the justification for all its policies of occupation, annexation and aggression in the last 63 years.

Israel’s security is the albatross around the neck of the dispossessed Palestinians and other Arabs who have lost their land and dignity to the occupying power.

It is obvious that by acknowledging the primacy of Israeli security, Anwar was sending a clear message to the deep state and to Tel Aviv and Washington – that he is someone that they could trust.
In contrast, the Najib government, in spite of its attempts to get closer to Washington, remains critical of Israeli aggression and intransigence.

Najib has described the Israeli government as a “serial killer” and a “gangster”. This has incensed the deep state.

Anwar, on the other hand, told Zionist friends in Washington two years ago that he regretted using terms such as “Zionist aggression” (Jackson Diehl “Flirting with zealotry in Malaysia” The Washington Post, June 28, 2010).

Three, Anwar is the choice of the deep state for another reason which in its own reckoning is becoming almost as important as Israel. This is the rise of China and what it means for US global hegemony.

Elements within the deep state appear to have convinced Obama that China is a threat to its neighbours and to the US’s dominant role in the Asia-Pacific.

Establishing a military base in Darwin, resurrecting the US’ military alliance with the Philippines, coaxing Japan to play a more overt military role in the region, instigating Vietnam to confront China over the Spratly islands, and encouraging India to counterbalance Chinese power, are all part and parcel of the larger US agenda of encircling and containing China.

In pursuing this agenda, the US wants reliable allies – not just friends – in Asia.

In this regard, Malaysia is important because of its position as a littoral state with sovereign rights over the Straits of Malacca, which is one of China’s most critical supply routes that transports much of the oil and other materials vital for its economic development.

Will the containment of China lead to a situation where the hegemon determined to perpetuate its dominant power seek to exercise control over the Straits in order to curb China’s ascendancy?

Would a trusted ally in Kuala Lumpur facilitate such control?

The current Malaysian leadership does not fit the bill. It has sustained and deepened the bond of friendship between Malaysia and China through increased bilateral trade and investments.

China is Malaysia’s biggest trading partner globally and Malaysia is China’s biggest trading partner within Asean.

China is most appreciative of the fact that Malaysia under the late Tun Razak was the first non-communist country in South-East Asia to establish diplomatic relations with China in 1974.

When his son Najib became Prime Minister in April 2009, China was the first country outside Asean that he visited.

In a number of regional and international forums, Malaysia has maintained that China is not a threat to its neighbours and does not seek global dominance.

These are views that do not accord with the deep state’s bellicose stance towards China. It explains why the deep state may be inclined towards regime change in Kuala Lumpur.

> Dr Chandra Muzaffar is president of the International Movement for a Just World (JUST) and Professor of Global Studies, Universiti Sains Malaysia.

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Washington seeks to extend hegemony to trade

Saturday, February 18, 2012

Malaysian Chinese Forum kicks off with a bang; Chua-Lim showdown!


Soi Lek fires salvos at Guan Eng ahead of debate



 Chua: People the winner in the debate

Chua and Penang chief minister Guan Eng agreed to keep the debate professional and not as a platform to decide who is the winner or loser.

KUALA LUMPUR: The people has emerged as the ultimate winner in the debate between the MCA and DAP here today as it allowed the Malaysian public to evaluate for themselves the policies and stands of the Barisan Nasional and the opposition.

“The winner is the rakyat and not Lim Guan Eng (DAP secretary-general) or Chua Soi Lek,” said MCA president Dr Chua Soi Lek in a joint news conference soon after concluding the debate, which drew a hugh public interest, especially from the Chinese community and was telecast live on Astro, that is on Astro AEC and Awani.

“An engagement like this will allow the rakyat to see the stands of BN and Pakatan,” he said after the hour-long debate titled “Is the two-party system becoming a two-race system?” organised by the Asian Strategy and Leadership Institute (Asli) and MCA’s think-tank, Institute of Strategic Analysis and Policy Research (Insap).

Right from the beginning, Chua and his fellow debater, the Penang chief minister, agreed to keep the debate professional and not as a platform to decide who is the winner or loser.

The debate was conducted in Mandarin and was moderated by Kuala Lumpur and Selangor Chinese Assembly Hall chief executive officer Tan Ah Chai.

On a question whether both parties had answered the questions raised in the debate, Chua said he believed he could have provided better explanation if they were given more time and opportunity.

Meanwhile, Lim said the debate could be a good beginning to become a more matured democratic society, adding that such an event should be more frequently organised.

“I think this is something good and I hope this will not be the first and last. I feel it will open up the mind of our rakyat because issues must be debated rationally,” he said.

Lim said both he and Chua had agreed to meet again for another round of public debate, which would be in Bahasa Malaysia or English, and they would decide later on other details of the debate including topics, time and venue.

Lim added the ultimate debate that the people were awaiting to see would be between Prime Minister Najib Tun Razak and Opposition Leader Anwar Ibrahim.

Bernama
MCA president Dr Chua Soi Lek kicked off the much anticipated ‘Malaysian Chinese At the Political Crossroads’ conference today with an all out verbal assault against Pakatan Rakyat, ahead of his debate against DAP secretary-general Lim Guan Eng.

Hall erupts as MCA, DAP titans face off
Two of the most prominent Chinese politicians go head-to-head in a rare televised debate with MCA president Chua Soi Lek facing off DAP secretary-general Lim Guan Eng.

The debate topic is titled 'Chinese at the crossroads: Is the two-party system becoming a two-race system?'.

chua soi lek and lim guan eng debateTensions runs high in the packed ballroom at the Berjaya Hotel, Kuala Lumpur with a 600-strong crowd.

About 200 more who failed to secure entry passes are viewing following the debate through a big screen outside the hall (left).

LIVE REPORTS

4.55pm: The ballroom erupts as rival supporters chant stands up to chant the respective names of the debators as they take the stage.

5pm: Moderator Tan Ah Chai, chief executive officer of the Kuala Lumpur-Selangor Chinese Assembly Hall, kicks off the session by explaining the rules.

For the opening speeches, each debator will be allowed to speak for eight minutes.

5.02pm: The duo draw steps up to the moderator's podium to lots enclosed in a envelope, to choose the first speaker. Chua Soi Lek will go first.

Debate Chua Soi Lek5.05pm: After March 8, 2008. DAP has been practising the politics of hatred, says Chua.

He adds DAP has changed and is now teaming up with PAS, which wants to implement a theocratic state. He says DAP cannot stop PAS.

"DAP is just talking big," said Chua, triggering the first major applause from the floor, albiet from the MCA side.

He backs up his argument by stating that Kedah practice gender segregation while PAS is opposing to cinemas in Bangi, Selangor.

5.07pm: DAP likes to tell the Chinese that voting the opposition would improve living standards, pointing to how a DAP candidate can become a chief minister of Penang, says Chua.

Chua says DAP was giving false hopes to the Chinese that such a situation can happen in other states too.

5.10pm: Chua says that in multi-cultural country, Malaysians cannot support PAS because of its Islamic state agenda.

"Who is PAS' biggest ally?" asks Chua, to which the MCA crowd shouts in unison "DAP!".

Debate Lim Guan Eng5.12pm: It's now Lim Guan Eng's turn.

He thanks the organisers for organising the debate but says that what the public wants to see is a debate between PM Najib Razak and Opposition Leader Anwar Ibrahim.

5.14pm: "We in Pakatan Rakyat don't make use of each other. Our concern is how the public makes use of us.

"We aren't against the Malays. We aren't against the Chinese. We are against corruption," says Lim, whipping the Pakatan crowd into a frenzy...

By ISABELLE LAI

KUALA LUMPUR: The Malaysian Chinese at a Political Crossroads forum kicked off with a bang Saturday as MCA president Datuk Seri Dr Chua Soi Lek brought down the house with his fiery opening speech.

Dr Chua appeared to be metaphorically rolling up his sleeves in preparation for his debate with political opponent, Penang Chief Minister Lim Guan Eng in the evening.

"He (Lim) is more interested in issuing countless statements to condemn or challenge others, behaving like a true street fighter. He has forgotten that he has a state to look after," said Dr Chua to tumultous applause.

The forum, jointly-organised by the Asian Strategy and Leadership Institute and MCA think-tank Insap, is being held at Berjaya Times Square here, with the highly-anticipated debate set to begin at 5pm.

Prime Minister Datuk Seri Najib Tun Razak also could not resist referring to the Dr Chua-Lim showdown, saying with a grin that he heard there would be a "boxing match" in the evening.

"He (Chua) is going into the ring. As I can see from his speech, he is very well prepared.

"So we wish him all the very best, and as the boxing term goes, we hope he will punch above his weight," quipped Najib in his speech.

Both DAP and MCA delegates as well as members of the public will comprise the 750-strong audience who will later witness the debate, which will be conducted in Mandarin.

Overseas radio listeners can tune in to The Star's 988FM live broadcast via the station's website. www.988.com.my.

Local listeners should tune in to these frequencies: Kedah, Perlis,Langkawi (FM96.1), Taiping (FM96.1/94.5), Kuantan and Pahang (FM90.4),north Johor and Malacca (FM98.2), Penang (FM94.5), Ipoh (FM99.8), KlangValley (FM98.8), Negri Sembilan (FM93.3) and south Johor and Singapore (FM99.9).

Astro AEC (Channel 301) will also air the debate live, with a repeat telecast at 11pm while live streaming is available via its website www.astro.com.my/bendiquan.

Non-Mandarin speakers can watch the Bahasa Malaysia version on Astro Awani (Channel 501).

The debate will also be aired live on Astro AEC (Channel 301).

Wednesday, February 1, 2012

The Malay rights group, Perkasa’s white packets to corrupt or ignorance of ethnic culture?




Perkasa President, Ibrahim Ali (picture) is  a MP. 

Young leaders see red over Perkasa’s white packets

By LEE YEN MUN and SIRA HABIBU newsdesk@thestar.com.my 

PETALING JAYA: No excuse.

That’s the reaction from several young MCA leaders over Perkasa’s white ‘ang pow’ distributed at its Chinese New Year gathering on Sunday.

Money given out in white packets is traditionally associated with the pak kam (white gold), which are donations given at a funeral.

MCA Young Professionals Bureau chief Datuk Chua Tee Yong said there was no excuse for what Perkasa did.

“Perkasa should have been aware. They should have learnt the practices of another race before organising such an event, so that they did not upset anyone,” said Chua.

MCA Youth secretary-general Datuk Chai Kim Sen described Perkasa’s white ‘ang pows’ as disrespectful and not knowing this was not an excuse.

“(Perkasa president) Datuk Ibrahim Ali should act in the people’s interest by understanding our multi-cultural society which he represents as a Member of Parliament,” Chai said in a statement.



On his Twitter handle @weekasiongmp, MCA Youth chief Datuk Dr Wee Ka Siong slammed “some people” for not understanding the meaning of ang pow.

Ang pow, in the Hokkien dialect, means red packet. If you want give an ang pow to your friends, make sure the colour is RED,” Dr Wee wrote.

Perkasa deputy president Datuk Rahman Bakar had said on Sun- day that the white packets were the only mini envelopes they had and that they did not know if some may be offended by the colour.

Meanwhile, Perkasa secretary-general Syed Hassan Syed Ali said they had no idea that white packets was taboo among the Chinese community.

“To us, white symbolises purity and sincerity. If we had known that it is wrong to give out white packets, we would not have done it,” he said.

Syed Hassan said the media should have highlighted Perkasa’s attempt to forge greater harmony, rather than harping on an honest mistake.

Perkasa's 'white envelope' ang pow nothing to do with govt


KUALA LUMPUR: The use of white envelopes along with the customary ang pow red packets at Perkasa's Chinese New Year gathering last Sunday has nothing to do with the Government, said Prime Minister Datuk Seri Najib Tun Razak.

He said the leader of the non-governmental organisation (NGO), Datuk Ibrahim Ali, is an independent member of parliament. Perkasa is a Malay right-wing group.

"As such, the white packet distributed at the Chinese New Year function should not be construed to be acceptance by the Government," Najib said in a posting on his Chinese-language 'Ah Jib Gor' Facebook page.

"I think that as long as we can have a better understanding of Chinese culture and promote sensitivity to cultural taboos, such controversial events can be avoided.

"We all know that ang pow means a red envelope, dominated by red rather than other colours," he said, adding that the incident can be used as a social experience.

On Monday, Perkasa was asked to apologise for insulting the Chinese community by using white envelopes as ang pow packets at its first Chinese New Year open house. White envelopes are reserved for funerals in Chinese custom.

Gerakan vice-president Datuk Mah Siew Keong had said that giving cash in white envelopes during Chinese New Year, which is meant to be a prosperous and joyful festival, showed that Perkasa chief Ibrahim Ali was "greatly insensitive and insincere".

MCA Youth secretary-general Chai Kim Sen said Perkasa's action was disrespectful to Chinese culture and custom.

He said Ibrahim should act in the people's interests and understand the multi-cultural society and the taboos and prohibitions of each ethnic group and religion.

Perkasa deputy president Datuk Abdul Rahman Bakar had explained that due to the large turnout at the open house at the Sultan Sulaiman Club in Kampung Baru, the red ang pow packets ran out and white envelopes were used instead. - Bernama

Friday, September 16, 2011

Malaysia to relax strict security laws; a right move, a new dawn beckons; Thumbs up for ISA move!





Malaysia to relax strict security laws

Eileen Ng AP
Malaysia plans to abolish two unpopular security laws allowing detention without trial and relax other measures curbing the media and the right to free assembly, Prime Minister Najib Razak says.

Video: http://bcove.me/pke9h9mj
PM announces repeal of ISA, three Emergency proclamations.

Prime Minister Datuk Seri Najib Tun Razak announced on Thursday that several draconian laws including the ISA and the three Emergency proclamations are to be repealed under major civil liberty reforms.

The policy changes are the boldest announced by Najib since he took the helm in April 2009 and are seen as a move to bolster support for his ruling coalition ahead of general elections, which are not due until 2013 but are widely expected next year.

Najib says heading toward a more open democracy is risky but crucial for his government's survival.



Malaysia plans to abolish two unpopular security laws allowing detention without trial and relax other measures curbing the media and the right to free assembly, Prime Minister Najib Razak says.

The policy changes are the boldest announced by Najib since he took the helm in April 2009 and are seen as a move to bolster support for his ruling coalition ahead of general elections, which are not due until 2013 but are widely expected next year.

Najib says heading toward a more open democracy is risky but crucial for his government's survival.

"There may be short-term pain for me politically, but in the long-term the changes I am announcing tonight will ensure a brighter, more prosperous future for all Malaysians," Najib said in a nationally televised speech on Thursday.

Critics who have long accused the government of using the security laws to stifle dissent cautiously welcomed the announcement but said they would have to wait to see what the measures are replaced with before assessing the reforms.

Lim Kit Siang, who heads the opposition Democratic Action Party, said he wondered if Najib's move was an election ploy.

"We see this as a victory of the people in demanding for greater democracy and respect of human rights, but the question is will he walk the talk?" Lim said.

Najib said the colonial-era Internal Security Act and the Emergency Ordinance, which allow indefinite detention without trial, would be abolished and replaced with new anti-terrorism laws that would ensure that fundamental rights of suspects are protected. He pledged that no individuals would be detained for their political ideologies.

Najib said police laws would also be amended to allow freedom of assembly according to international norms.

The government will also do away with the need for annual printing and publishing licenses, giving more freedom to media groups, he said.

"It is time for Malaysians to move forward with new hope," he said. "Let there be no doubt that the Malaysia we are creating is a Malaysia which has a functional and inclusive democracy."

The prime minister's speech was to mark Friday's anniversary of the 1963 union of peninsula Malaysia with Sabah and Sarawak states on Borneo, six years after the country's independence from British rule.

Najib's National Front has been working to regain public support after suffering its worst performance in 2008 polls, when opposition leader Anwar Ibrahim's alliance wrested more than one-third of Parliament's seats amid public allegations of government corruption and racial discrimination.

The National Front's popularity recently took a dip after authorities arrested more than 1600 demonstrators and used tear gas and water cannons against at least 20,000 people who marched for electoral reforms in Kuala Lumpur on July 9.

Syed Ibrahim Syed Noh, who heads the Abolish ISA Movement, asked if the two new laws to be introduced would also provide for detention without trial.

He estimated there are still some 30 people held under the ISA and another 6000 under the Emergency Ordinance, and called for their immediate release.

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Najib announces major changes in controversial laws as Malaysia Day gifts

KUALA LUMPUR: Malaysians received a significant Malaysia Day present in the form of greater civil liberties and democratic reforms under sweeping changes announced by Prime Minister Datuk Seri Najib Tun Razak.

Saying that the country is evolving and the people wanted more freedom, Najib outlined the historic announcement in his Malaysia Day eve address that was telecast live on TV.

The changes, he stressed, were to accommodate and realise a mature, modern and functioning democracy; to preserve public order, enhance civil liberty and maintain racial harmony.

All these changes will need to be tabled in Parliament.

Six of the best

>The Internal Security Act (ISA) 1960 will be repealed.

- In its place, two new laws will be enacted to safeguard peace and order the detention period will be reduced and can only be extended by the courts, except in cases involving terrorism.

>Three remaining emergency proclamations to be lifted are:
- Emergency 1969, Emergency 1966 (Sarawak) and Emergency 1977 (Kelantan).

>Banishment Act 1959 will also be repealed.

>The annual licence renewal requirement for newspapers and publications will be replaced with a one-off permit by reviewing the Printing Presses and Publications Act 1984.

>Reviewing the Restricted Residence Act 1933.

>Allowing greater freedom to assemble by reviewing Section 27 of the Police Act 1967 by taking into consideration Article 10 of the Federal Constitution which guarantees every citizen with the right to freedom of speech and assembly


A New Dawn beckons

REFLECTING ON THE LAW  By Shad Saleem Faruq iwww.thestar.com.my

The Prime Minister’s announcement on a number of changes to the country’s laws, including ending the Emergency, will have massive positive implications.
 
THE Prime Minister’s speech last night evoked the kind of hope and exhilaration I felt many decades ago on August 28, 1963, when I heard American civil rights leader Martin Luther King, Jr. deliver his “I have a dream” speech at the steps of Lincoln Memorial, Washington DC.

The Prime Minister pointed to a number of changes that he intends to bring to the country. Many of these proposals will have massive positive implications for the country’s legal system, its administration of justice and the sovereignty of law over personal discretion. He promised that:

  •  The emergency proclamations that are in operation will be presented to Parliament for annulment;
  •  The Internal Security Act will be repealed but replaced with two security laws framed under the Constitution’s anti-subversion provision of Article 149;
  •  The Restricted Residence Act and the Banishment Act will be brought to an end; and
  •  The much-criticised Printing Presses and Publications Act will be amended.

It will take some time and considerable research to fathom the full implications of the above pronouncements. Needless to say, the impact on the legal life of the community, the rights of the citizens, the powers of the Home Minister and the Police will be monumental.

The Rule of Law will be strengthened and the days of the omnipotence of the Government will come to an end. Looking at the implications of the lifting of the Emergency, the following salient features of emergency laws must be noted:

Ordinary legal system eclipsed: Under Article 150, once a proclamation of emergency by the Yang di-Pertuan Agong is gazetted, the floodgates are lifted and legislative powers of Parliament are greatly broadened. Parliament can make laws that violate, suspend or bypass any constitutional provision except six items in Article 150(6A).

All fundamental rights except freedom of religion can be violated. The federal-state division of powers can be disturbed and state powers usurped.

Emergency laws do not require a two-thirds majority. Neither do they require the consent of the Conference of Rulers or the Yang di-Pertua Negeri of Sabah and Sarawak.

Judicial review on constitutional grounds is ousted because of Article 150(6).An emergency law has no time limit and can continue as long as the emergency lasts.

Malaysia has been under such a state of emergency continuously since 1964. For all practical purposes, an emergency legal system eclipsed the ordinary legal system for the last 47 years.

The King’s power to make laws: As with the powers of Parliament, the powers of the federal executive are immensely enlarged during an emergency.

The Yang di-Pertuan Agong acquires plenary and parallel ordinance-making powers under Article 150(2B) as long as the two houses of Parliament are not sitting concurrently.

The executive’s power of ordinance-making is as large as Parliament’s power of legislation. The entire Constitution can be suspended except for six topics in Article 150(6A).

Since 1964, the Yang di-Pertuan Agong has promulgated nearly 92 emergency ordinances. Among these is the Emergency, Public Order and Prevention of Crime Ordinance, which is a favourite with the police and which results in more preventive detentions than even the Internal Security Act.

Executive power to give instructions: Under Article 150, the Federal Government acquires powers to give directions to the states in contradiction with the meticulous federal-state division of powers. If the emergency proclamations are repealed, what effect will that have on the legal system?

Restoration of normal laws: If the two proclamations of national emergency in 1964 and 1969 are repealed, the country will return to the normal operation of the constitutional system.

The five or so emergency laws made by Parliament under the authority of these proclamations will cease to operate. Any detention under these laws will have to be terminated.

Emergency ordinances will end: As with the emergency laws enacted by Parliament, the 90 or so emergency ordinances promulgated by the Yang di-Pertuan Agong (and the hundreds of subsidiary laws made thereunder) will also cease operation.

However, the cessation of emergency laws is not immediate. Under Article 150(7), there is a grace period of six months during which the emergency laws may still continue to operate. Once the six months expire, the expiry of the laws is automatic and no individual repeal is necessary. However, no action (e.g. for damages) can be taken for anything validly done under previous laws.

Some may wonder whether the Yang di-Pertuan Agong, in his discretion, may refuse the Prime Minister’s advice to restore the Rule of Law and to lift the proclamations of emergencies?In a long line of other cases, it has been held that emergency rule does not alter the position of the Yang di-Pertuan Agong as a constitutional monarch bound to act on advice.

The case of PP v Mohd Amin Mohd Razali (2000) altered the law slightly: it held that during the dissolution of Parliament, the Yang di-Pertuan Agong is not bound by the caretaker government’s advice on emergency matters.

Amin is, of course, not relevant to the Prime Minister’s speech last night because Parliament is not under dissolution and the Prime Minister’s advice is binding on the King.

Judicial review strengthened: The lifting of the Emergency will remove the eclipse of ordinary laws. The possibility of judicial review of executive and legislative measures will be enhanced. Many human rights will be restored.

The demise of hundreds of emergency laws, some conferring preventive detention powers and others excluding due process, will be a defining moment for Malaysian democracy.

However, the euphoria that is bound to be felt as a result of these wholesome developments must be tempered with caution.

New proclamations: The lifting of the 1964 and 1969 emergencies does not prevent the re-issuing of a new proclamation of emergency and the promulgation of new emergency Acts and ordinances, if circumstances so demand.

Subversion laws stay: Even if the Emergency is lifted, Parliament is still armed with anti-subversion powers under Article 149. New security laws under Article 149 have been suggested by the Prime Minister. Existing laws like the Dangerous Drugs Preventive Measures Act will not be affected by the lifting of the Emergency unless the Government sets about to apply the reformative paint brush to them as well.

Police Act remains: Controversial ordinary laws like the Police Act, the Official Secrets Act and the Universities & University Colleges Act will remain in the statute book though, of course, they will face pressure to accommodate the spirit of the times.

Some may, therefore, regard the lifting of the Emergency as merely a cosmetic measure because Articles 149 and 150 still arm the Government and Parliament with massive power to suspend constitutional guarantees.

Such a perspective is unduly cynical. It amounts to an all-or-nothing attitude. Whatever reforms are adopted and implemented must be welcomed. They may be harbingers of new things to come. They will certainly set a new mood and may be the catalyst and impetus for further improvements to the human rights scene.

A government receptive to the lifting of the Emergency cannot be indifferent to improving the situation of laws under Article 149.

All in all, one must applaud the Prime Minister’s courage, his willingness to listen to the voice of the people, his receptiveness to the felt necessities of the times, and his exhilarating agenda for reform.

The Attorney-General’s office also deserves congratulations for advising the Prime Minister on the incongruence between the rule of law and the state of emergency lasting 47 years.

So, let September 16, 2011 go down in our history as “a joyous daybreak” to end the long night of the Emergency.

Datuk  Prof.Shad Saleem Faruqi is Emeritus Professor of Law at UiTM and Visiting Professor at USM.

Thumbs up for ISA move

PETALING JAYA: The repeal of the Internal Security Act (ISA) is “a breath of fresh air,” said DAP national chairman Karpal Singh.

He also called for the abolishment of the Sedition Act.

“Why is the Sedition Act, enacted by the British in 1948, not one of the laws to be repealed?”

He said this Act was a draconian law which “did not enhance the democratic process”.

He was responding to the Malaysia Day announcement by Prime Minister Datuk Seri Najib Tun Razak regarding the repeal of the ISA.

In its place, Najib said two anti-terror laws would be drawn up to deal with terrorists, violent criminals and subversive elements.

DAP adviser Lim Kit Siang said the Najib administration should “really walk the talk” in providing greater civil liberties.

He said the promised reforms were “proposals” at the moment, adding that he “cautiously welcomed” the move to repeal the ISA.

He would observe the details of the alternative laws drawn up to replace it, he added.

PKR deputy president Azmin Ali suggested that a national consultative council be set up to deliberate on the two new anti-terror laws.

He also recommended that members of the council comprised representatives from the Government, Opposition and non-governmental organisations.

Azmin also urged the Government to release all ISA detainees or bring them to court.

Perkasa secretary-general Syed Hassan Syed Ali said its supreme council would meet tomorrow to discuss the changes.

“We will study why the Government decided to abolish these Acts and see whether it was made for political reasons or for the good of the citizens and country,” he said in a statement here yesterday.

Penang Chief Minister Lim Guan Eng said he was disappointed that the Printing Presses and Publications Act 1984 would not be abolished.

“The only part amended is the Section on publications that will no longer need to renew their printing licences annually.

“The other one for printing false news has been retained,” said the DAP secretary-general.

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Tuesday, August 30, 2011

Malaysia's future: A time for Malay renewal !





A time for renewal, too

Ceritalah By KARIM RASLAN

The debate over Malay identity is fundamental to Malaysia’s future. Only when tensions within the Malay community itself are cooled will the resentment and grievances between Malaysia’s ethnic groups be resolved.

AS I reflect over the events of the fasting month – and indeed the past 12 months – I cannot help but conclude that Malaysian Malays are facing an existential crisis, which is primarily political in nature.

Moreover, because the Muslim/Malay community is dominant numerically; its tribulations will impact the rest of the nation.

In short, no one can be insulated from the community’s uncertainties.

Sadly, Malaysia’s communal peace has been further rocked by the Jais raid on the Damansara Utama Methodist Church (DUMC).

This has been accompanied by a steep increase in the number of claims of Christian proselytising amongst Muslims.

Such fears over murtad are nothing new.

They have been current for years, even decades, peaking in times of political uncertainty: witness the Maria Hertogh riots back in 1950.

However, we need to put things in perspective; 2011 is not 1950.

Malay/Muslims currently outnumber non-Muslims significantly. In short, demography favours the ummah. Moreover, the position of Islam is constitutionally-assured.

Nonetheless, the re-emergence of the murtad issue suggests a more deep-rooted anxiety among Malay-Muslims about the future.

Indeed, there are fundamental concerns about the Muslim response to both globalisation and modernity.

How do we maintain our faith and culture in an era when interaction with non-Muslims has become both a norm and a necessity?

The ummah has responded to such challenges differently and this reflects the Malay/Muslim community’s underlying heterogenity.

Contrary to Umno’s obsession with Malay unity, the community is by no means monolithic.

At the same time, political developments post-2008, have heightened and accentuated these shifts – lending them a partisan hue as PAS, Umno and PKR have weighed in on various issues.

As these differences of opinion surface, we are faced with a secondary challenge: how do we deal with disagreements over what it means to be Malay and Muslim?

Can we maintain our dignity, objectivity and calm when face-to-face with opposing views? How do we manage when our major political parties – PAS and Umno – assume conflicting positions?

Amid the debate, many are electing to withdraw, preferring isolation to engagement. Such a retreat makes dissent, however reasonable, even more complicated and potentially dangerous. To my mind, withdrawal is a disaster.

The Malay community has always possessed an outward-looking mindset. We cannot, and should not, abdicate from our engagement with the world. We have thrived by exchanging ideas and knowledge with others as traders, scholars and travellers. Indeed, the decline of the Muslim world came when we closed our hearts, minds and borders.



Still, I am not disputing the need for Muslims to maintain their faith, but the notion that the only way we can do this is by shunning non-Muslims and/or trampling on the rights of minorities is nonsensical.

Doing so will only reinforce the misperception that Islam is intolerant and regressive. It also hastens our own decline.

Given these concerns I’ve been heartened by Prime Minister Najib Razak’s recent attempts to recapture the centre ground.

His willingness to end censorship and reform the electoral system is most welcome.

It displays an openness (however belated) to listen to others. This is courageous given the narrow-mindedness of many of his fellow party members.

However, opening up in the midst of a debate is always tough. Will tentative changes be enough to satisfy an increasingly restive Malay (and Malaysian) public? Will it be too little and too late?

The debate about Malay identity is fundamental to Malaysia’s future.

It will become increasingly heated and painful. For example, Malay identity cannot be separate from the role of the Rulers. This bond has to be examined and questioned.

Given the depth and breadth of the upcoming debate we must ask whether Umno alone can manage this process? Indeed, has PAS’ greater moral authority sidelined the party of Merdeka?

The consequences of half-hearted reforms are obvious if we look across the Causeway to Singapore where the presidential elections have just been concluded.

While the PAP government deserves praise for allowing all four candidates to campaign openly – providing them with equal mainstream media coverage, there’s no doubt that many Singaporeans feel “shortchanged”.

Reforming from within rarely satisfies. Indeed, Dr Tony Tan’s incredibly slim margin of victory underlines the unhappiness of ordinary Singaporeans who expect much, much more from their politics.

Malaysians will be like their cousins across the Causeway. They won’t be willing to suffer timidity and half-hearted reforms.

Tentative steps will be swept away by a tide of popular resentment. Indeed, boldness will be the only solution.

At a time when the very core of Malay identity is being debated, piecemeal reform will not be enough. Reform will go nowhere unless the state loosens its grip.

The Najib administration must recognise that a mere shift in tactics will not be enough to win back Malaysia’s cynical and jaded electorate, especially the Malays.

The last three years have taught us that the Malay/Muslim community is becoming more complex and indeed, difficult to please.

As Umno and the Prime Minister discovered during the Bersih 2.0 debacle, it is no longer possible to succeed solely on emotive appeals for ethnic and religious unity.

Rather, Najib and his government must be willing to accept the diversity that now exists within Malay discourse, and tailor their policies accordingly.

Indeed, Umno no longer controls the debate.

For instance, economic policies need to champion the interests of middle- and working-class Malays, rather than expecting them to automatically back the ventures of the intra-ethnic elite.

Barisan has to keep asking themselves: what’s really in it for the people?

Furthermore, differing views over culture and faith must be allowed rather than repressed.

Indeed, one feels that such an approach may very well work among every race in Malaysia in general.

All the same, the resentment and grievances between Malaysia’s ethnic groups can only be resolved when tensions within the Malay community itself are cooled.

This Hari Raya must not only be a time of celebration for Malaysian Malays, but also renewal.

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