Democratic rights still far off

http://www.thenutgraph.com/domestic-rights-still-far-off
29 Oct 09 : 8.00AM By Ding Jo-Ann

"POST-8 March, [the election results] left civil society exhilarated and giddy knowing that change is possible," says Women's Aid Organisation (WAO) executive director Ivy Josiah. "It has strengthened Malaysians as a whole to speak up, organise and demand reform."

Candlelight vigils have become part of the fabric of city life
http://www.thenutgraph.com/user_uploads/images/2009/10/28/281009_CIVIL_JUSTICE.j/
pg

Indeed, since the last general election, Malaysians have been upping their engagement with issues in the public sphere. Citizen movements such as the Saya Anak Bangsa Malaysia and Fast for the Nation initiatives have been organised by citizens who want to see a better Malaysia. Candlelight vigils have become part of the fabric of city life. With civil society leaders such as residents' association frontperson Edward Lee and human rights activist Elizabeth Wong elected into government, the expectation is civil society's influence will be stronger in the days to come.
http://sayaanakbangsamalaysia.net/

http://www.youtube.com/watch?v=kuySyteKyO0
http://thestar.com.my/news/story.asp?file=/2009/9/6/nation/4663770&sec=nation

But have the election results of 20 months ago resulted into tangible change on the ground?

New opportunities

"The post-March 8 [climate] has given us a window of opportunity to work with legislators who are keen on reforms and changes using the human rights framework," says Centre for Independent Journalism(CIJ), Malaysia executive director Gayathry Venkiteswaran. "Residents and human rights non-governmental organisations (NGOs) have the ears of the state leaders in some states like never before."

She cites the example of the Selangor government trying to address the issues of displaced estate workers due to the commercialisation of plantations. "It is still early to tell if these will yield the results, but the process is in place."
http://thestar.com.my/news/story.asp?file=/2008/4/16/nation/20960840&sec=nation

It's not just Pakatan Rakyat (PR) representatives who are now accessible to civil society. "Interestingly, [BN] government representatives including ministers and Members of Parliament have also been seeking out civil society as they too have learnt that they should listen and take action," Josiah says.

The increased attention has resulted in an increased workload for some NGOs. Centre for Orang Asli Concerns (COAC) director Dr Colin Nicholas says COAC's work has increased "manifold" as certain governments have started taking steps to address Orang Asli concerns.
http://www.coac.org.my/codenavia/portals/coacv2/code/main/gateway.php

"[T]wo states - Perak (before the BN wrested the state from PR) and Selangor - have taken very proactive steps to protect and advance Orang Asli rights and interests. This has resulted in diverting a lot of our time and resources to working with the state on ways to realise the new thrust of these two opposition-led governments," says Nicholas.

http://www.thenutgraph.net/measures-under-nizar-must continue,http://www.thenutgraph.com/sgor-withdraw-appeal-dispute-temuans

With the "window of opportunity" that has opened, civil society groups have their work cut out for them in the next few years.

From aiming to pass freedom of information laws in at least two states, to reforming Islamic family law, to recognising indigenous rights, it's clear that civil society is not idle.
http://thenutgraph.com/freedom-of-information-making-it-happen http://www.sistersinislam.org.my/index.php?option=com_content&task=view&id=706&I\
temid=273

But many more hands are needed. "There are so many areas of human rights violations in this country that need proper research, documentation and representation. In terms of human resources, we are still at a shortfall," says Khoo.

He says that on a recent trip to Miri, he heard of many cases where indigenous customary land rights had been violated because the state had granted mining concessions and plantation rights to companies. However, there weren't enough lawyers to file actions against the Sarawak government. http://www.thenutgraph.com/land-rights-key-to-survival

Nicholas also says they are under-resourced, while Josiah cites the need for more resources so that WAO's work can expand into non-urban areas where it is also much needed.

Holding "friends" accountable

Although great strides forward have been made, the task at hand remains enormous.

Bar Council human rights committee co-chairperson Andrew Khoo says: "To a certain extent, we've grown up a bit since 8 March. We've realised that things are not so easy to accomplish. Even when those we were working with have become members of state governments, we have
learnt it's not so easy to deliver on some of the promises that were made."

Khoo says that the pace of change has in some instances been disappointing. He cites the delay in implementing local government elections in PR-held states.
http://www.thenutgraph.com/modified-local-elections-wanted-in-selangor

Gayathry concurs. "One of the challenges we face is the diluted commitment by PR members in some core areas of reforms," she says. "Among them are their own manifestos to introduce local council elections. You get a sense that there is some backtracking now and that is not healthy."
http://www.thenutgraph.com/keep-election-promises-suaram-tells-guan-eng

With former civil society leaders now in government, people like Gayathry also find themselves redefining some relationships, especially with friends who have since been elected into public office.

"Our expectation is that these friends will be able to push the reform agenda to the fullest but this is not always the case...Sometimes the leaders of the PR parties think we unfairly target them but they don't understand that we are only keeping them in check," she says.

Although it is often BN leaders who label civil society as "irresponsible NGOs", Nicholas and Josiah both acknowledge that there are also those in PR who need to be better informed about human rights issues. "[W]e have friends in Pakatan and BN states just as we have detractors in Pakatan and BN," Josiah says.
http://www.utusan.com.my/utusan/info.asp?y=2003&dt=0528&pub=Utusan_Express&sec=F\
ront_Page&pg=fp_07.htm

International shame
In terms of political support, the federal government has yet to demonstrate a clear commitment to engaging with civil society. Khoo says the government only seems to respond when there is a risk of foreign direct investment drying up.

"For example, the problem of trafficking in persons. It wasn't until the United States government put us on the watch list that [the government] did something about it. The Anti-Trafficking in Persons Act 2007 came into force, and then we were taken off the watch list.
http://www.malaysiakini.com/news/68555
http://www.bernama.com/bernama/v5/newsindex.php?id=419407

"[But] after one year of nothing happening, we were then put back on the watch list. Now, we're seeing prosecutions," Khoo observes.
http://www.humantrafficking.org/updates/855

Khoo also says that since the Internal Security Act has received international attention, the government has decided to make changes to it. However, he points out that there are many people detained without trial under the Emergency (Public Order and Prevention of Crime)Ordinance 1969 and Dangerous Drugs (Special Preventive Measures) Act 1985 which no one is doing much about.
http://thenutgraph.com/isa-review-includes-revising-detention-period
http://www.thenutgraph.com/not-just-isa

Way forward
Injustices suffered by Penan people are seen as inadequately addressed by the government (© Sofiyah Israa / Flickr)
http://www.thenutgraph.com/user_uploads/images/2009/10/28/281009_CIVIL_PENAN.jpg

It remains to be seen how civil society can galvanise the extra support it needs to see the kind of changes required for a "basic democracy" to function.

Nicholas, who has been working to establish indigenous rights for years, says: "A total change of government appears to be our best option in achieving this at the moment compared to the tedious and expensive court cases, lobbying, dialogues and other methods we have been using."

Khoo believes that more human rights education is needed for those in positions of leadership. "We need basic understanding of human rights to permeate administrative and judicial decisions. We need more training for our judges and decision-makers to take into account basic human rights norms," says Khoo.

But perhaps more importantly, how much change and how quickly it will happen will depend on public support. Without citizens actively clamouring for full civil liberties and democratic rights, it would be a rare government indeed that would deliver democracy on a silver platter.

Comment:

It still depends on the angle that you are looking from. If you ask somebody in one of the Arab countries they would say our democracy is far ahead and the best among developing countries... yet if you ask somebody from Australia...hm.. he may not list us as democratic country at all..

UM students in trouble for inviting politicians

16 October, 2009
by charlessantiago

Source : Malaysian Mirror
Thursday, 15 October 2009 16:48

KLANG – A black cloud is looming over eight students of the Universiti Malaya, who face stern action from the university for inviting politicians to attend their campus functions.

Two of them face disciplinary action for allegedly inviting the Selangor Mentri Besar’s political secretary, Nik Nazmi Nik Ahmad, to open the annual general meeting of the UM’s Muslim Students Society (PMIUM), without the university’s approval.

The others have been called for questioning over their invitation to several politicians to act as jury for a Chinese language debate on current political issues.

The university charged that the eight students had breached the campus regulations as well as the Universities and University Colleges Act 1971 by inviting the politicians to grace their events.

MP claims UUCA infringes students’ rights
UM disciplinary committee chairman Prof Faisal Ali said the committee will determine if the students had acted against the Act, which provides expulsion as the most severe punishment for offenders.

According to the UM students’ representative council, the student affairs department had already given its approval for the debate and was also aware of the topics to be discussed and who the judges would be.

A student spokesman added, however, the department said it would only allow the debate as a ‘one off’ thing that should not be repeated in future as it involved politicians'.

Klang MP Charles Santiago said the UUCA is a controversial Act and contained articles that were against the students’ basic human rights, including the right to free expression.

The irony faced by the government
“Universities and institutes of higher learning should encourage intellectual activities that do not infringe on the students’ academic freedom and the campus autonomy."

“Students should be encouraged and motivated in the way that their right to think and voice up is not affected by threats of action against them."

“The irony is that whenever the government finds a university’s world ranking is slipping, it immediately wants to rectify the situation by amending the Act to give universities more autonomous power and to get students to be more innovatve in their thinking,” he said.

Santiago added that ‘rules and regulations’ will continue to dominate the minds of university managers for as long as the universities are not given their true autonomy.

He said the action against the eight UM students had stunted the joy of seeing the UM returning back to the list of the worlds’ 200 best universities.

Santago urged the UM to withdraw disciplinary action against the students and the Higher Education Ministry to amend the UUCA by taking away all articles deemed offensive to academic freedom and the student’s basic human rights. – Malaysian Mirror.

Comment:

1Malaysia is supposed to be a rational and moderate state and society. Unfortunately University students have yet to move into the real state of a modern, developed, cultured society. The students only ask for reasonable freedom, exchanges of ideas and freedom of expression. They were hindered by the draconian law. Blocking their activities won't stop them from thinking ideals and ideas that you don't like. Just like the English proverb : you can pull the horse to the river but you can't ask it to drink...

Politik Sarawak, 1994 DBP

Bekas sarjan akui palsukan undi pos

Jimadie Shah Othman Malaysiakini.com Okt 5, 09

Seorang bekas sarjan hari ini mengakui pernah terlibat memangkah BN bagi pihak anggota-anggota tentera dalam dua pilihan raya umum – pemalsuan undi yang selama ini hanya digembar-gemburkan oleh ahli-ahli politik pembangkang.

Abu Kassim, yang bertugas sebagai "sarjan gaji", berkata beliau dan beberapa kakitangan tentera dalam bahagian pentadbiran, seperti ketua kerani, mendapat arahan bagi memanipulasikan undi pos daripada pegawai pentadbir kem. Beliau, kira-kira 10 tahun menyertai PAS, bagaimanapun tidak ingat tarikh tepat dan tempat peristiwa itu dengan alasan ia "sudah lama" berlaku tetapi ia didakwa terjadi semasa bawah pentadbiran perdana menteri waktu itu Tun Dr Mahathir Mohamad. "Saya tidak ingat. Lama sudah. Tetapi dalam pilihan raya besar (umum), zaman Dr Mahathir dulu," katanya kepada Malaysiakini.

Anak kelahiran Kuala Pilah itu menganggotai tentera darat selama 23 tahun sehingga 1989. Beliau paling lama berkhidmat di Markas Stesen Staf Port Dickson. Pengakuan depan pengerusi SPRAbu kini seorang ahli jawatankuasa undi pos Pemuda PAS yang diketuai oleh ketua penerangan dewan itu Suhaizan Kaiat.“Setiap pilihan raya, saya diminta memantau pengundian pos.

Mungkin sebab saya bekas askar, mereka pilih saya,” katanya yang kini menetap di Bandar Tenggara, Port Dickson.Jumaat lalu, Pemuda PAS mendedahkan pengakuan Abu, yang didakwanya bersedia tampil membongkar perkara itu, menjelang pilihan raya kecil DUN Bagan Pinang pada 11 Oktober ini.Suhaizan sebelumnya berkata pengakuan Abu itu juga dibuat di depan Pengerusi Suruhanjaya Pilihan Raya (SPR) Tan Sri Abdul Aziz Mohd Yusof dalam satu pertemuan rombongan PAS, yang diketuai naib presidennya Salahuddin Ayub, pada 28 Ogos lalu.

Menulis di blognya Bila Kentong Berbunyi, pemimpin Pemuda itu berkata, Abu terpaksa berbuat demikian atas arahan pegawainya, yang berdiri di belakang dan memerhati kertas undi dipangkah. Dihubungi pagi ini, Abu berkata walaupun pernah mengundi untuk orang lain, beliau langsung tidak pernah mengundi untuk dirinya sendiri. "Sepanjang berpuluh-puluh tahun menjadi askar, saya tidak pernah memangkah bagi pihak diri sendiri, tetapi tolong memangkah bagi pihak orang lain," katanya, dengan mendakwa seramai empat sehingga lima kakitangan pentadbiran kem turut terlibat dalam proses itu. Diugut dibuang ke laut.

Tambahnya, pemalsuan undi pos itu melibatkan sekurang-kurangnya 400 anggota tentera. Beliau bagaimanapun tidak pasti sama ada pemalsuan undi pos masih berlaku di kem-kem tentera walaupun masih mencurigai amalan itu. Abu juga berkata, akibat mendedahkan perkara itu secara terbuka kepada umum, beliau pernah "diugut hendak dibuang ke laut" melalui mesej SMS daripada pihak yang tidak dikenalinya. "Banyak SMS macam itu saya terima," katanya.

Ditanya apa yang membuatkannya berani tampil kali ini, Abu berseloroh berkata: "Takkan sekarang mereka (kerajaan) hendak potong pencen saya." Dalam setiap pilihan raya, perjalanan pengundian pos sentiasa mendapat bantahan pembangkang kerana dicurigai wujudnya penyelewengan yang akan memenangkan calon BN. Dalam pilihan raya kecil di kerusi ini, jumlah pemilih pos sangat besar - 4,620 daripada 13,664 orang yang layak membuang undi.

Komen: Lebih berminat untuk mendengar kepimpinan tentera dan kepimpinan negara punya response... percaya bhw ini hanya merupakan tips of iceberg.. banyak lagi yg masih tersimpan..