Posts Tagged ‘Reid Commission’

Seksualiti Merdeka: Bar says freedom for all, not just majority – by Yow Hong Chieh – 11th November 2011

In Apartheid, Bumiputera Apartheid, Equality, Ethics, Malaysia, social freedoms, Uncategorized on January 16, 2012 at 10:42 am
KUALA LUMPUR, Nov 11 — The Malaysian Bar has called on the authorities and media to stop persecuting Malaysians based on sexual orientation, in line with the prime minister’s call for moderation. Bar Council president Lim Chee Wee said it was not a question if the lesbian, gay, bisexual and transgender (LGBT) lifestyle was agreeable but whether Malaysians should be discriminated against purely because of who they are and what they think. Lim said the Malaysian Bar stands alongside those who face discrimination. — File pic He also pointed out that the Constitution assured every Malaysian the right to life and to meet up with like-minded people to express themselves freely.
“The Federal Constitution does not say that these rights are given only to the majority, or those who live in conformity with the beliefs and practices of the majority. “These rights are not given only to those who agree with us. They are given to all. We must be mature and learn to accept that,” he said in a statement. Lim gave his statement to police earlier today on the Malaysian Bar’s involvement in Seksualiti Merdeka, an annual sexual rights event that religious authorities as well as Malay rights groups have called immoral and a threat to Islam. “I wish to reiterate that the Malaysian Bar stands alongside those who face discrimination,” he said. “This is true whether the reason for that discrimination is sexual orientation and gender identity, or for any other reason that we think is inappropriate.” Lim said Seksualiti Merdeka had done nothing illegal or illicit, adding that it was up to the courts to decide if any law had been broken.
Seksualiti Merdeka, a movement championing the freedom of sexual orientation and gender identity, has been holding its festival annually since 2008 but sparked heated debate after the authorities banned this year’s celebration. Deputy Inspector-General of Police Datuk Seri Khalid Abu Bakar said the police were not against freedom of expression or human rights but had to step in because the organisers did not have a permit to hold the festival in public. He also said the police had banned the event to safeguard public order after receiving several reports against it. Khalid added that the police were investigating the matter under section 298A of the Penal Code and section 27A(1)(c) of the Police Act and had linked Bersih head Datuk Ambiga Sreenevasan to the movement. Seksualiti Merdeka’s organisers have called off all public events in the interests of participants’ safety as they seek a meeting with the Inspector-General of Police to clarify the festival’s objectives.
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Good article and open minded view, barring the Bar Council’s failure to mention below 3 points related to Human Rights Charter Articles 1, 8 and 18 amongst others unmentioned but covered elsewhere in this WordPress site you are currently reading.
Point 1 :  Human Rights Charter Article 8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law – that Bar Council president Lim Chee Wee left (conveniently?) unmentioned.
That in a true democracy, not only are freedoms for all regardless of majority or minority, all laws and articles of constitution not in line with the UNHRC must be **amended immediately** (750K funerals for CMs are not in line with the UNHRC, nor is Forced Military Conscription) as Malaysia is a signatory of the UNHCR, and a Human Rights Council member to boot . . . ) and thus legally if not morally bound to reflect all UNHCR articles in law and constitition which amount to abuses like Section 377B or the Vices and Gaming Laws which infringe on non-Muslim rights to gaming or adult industry entertainments.
The Bar Council needs to speak in terms (actually thy should already be suing but probably are fearful so they do not try harder or think clearer and speak louder) that do not allude to the ‘un-amendability’ of the law or constitution as new Human Rights are affirmed, discovered and espoused by the rest of the world. The Judiciary can also do no less than to apply this principle as well. Bumiputra APARTHEID is against the intent of the UNHCR and cannot be tolerated. The Special Malay Privileges as granted by the Reid Commission (now called Bumiputra) were intended to last 15 years not 50, nor to be used as a gravy train by any single clique within any political party hiding behind a multiracial coalition of self serving mouth pieces (declare the assets of all ‘in power’ and redistribute that wealth – EVERY Malaysian could be a millionaire) to justify continued abuse of EQUALITY of Humanity. Human Rights Charter
Point 2 : Human Rights Charter  Article 1
All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Politicians who are against equality and democracy will have to be voted out or Malaysia will be a pariah among other nations by oppression of the Human Rights as guaranteed in the UNHCR (nominally backed by NATO and SCO) and modern world. All politicians identified as nepotistic (vested interest), GLC linked (conflict of interest), writing Vehicular-AP type laws, colluding with contractors voa loopholes in laws they refuse to address are all against the principles of the UNHCR and must be identified and considered enemies of the state, to be stripped of their wealth and ability to uphold flawed and easily abused laws and constitutions they refuse to address. Address the APARTHEID of Bumiputra Bar Council !
Point 3 : Human Rights Charter Article 18
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Address the abolishment of Section 377B. Abolish the Syariah punishments and punitive treatment for Apostasy (this one should be done by Malays who are deprived the right to freedom of religion because non-Muslims and non-Malays while afflicted with APARTHEID from Bumiputra policies and having right to demand equality, have no business interfering with Muslim or Malay issues that do not affect them . . . ).

Compromise Politics and the Battle for the Middle Ground – by Farish Noor – 15th November 2011

In Uncategorized on January 15, 2012 at 3:09 pm
And so, after what appears to have been a rather long meeting that stretched beyond four hours, the Pakatan Rakyat coalition has come to a compromise, of sorts. That the result of the compromise may not be to the satisfaction of everyone is to be expected. But nor should anyone expect such a discussion to lead to definite results with one side surrendering all its claims to another — That’s the nature of coalition politics and anyone with any experience or knowledge of coalition politics in Western European countries like France, Germany, Holland, Greece or Italy would know that as well. Furthermore it ought to be noted that in some countries like Italy where compromise politics has been the norm for decades, there has been no negative result as far as the economic performance of the country is concerned: Italy remains a G20 player despite the fact that since World War Two there has hardly been any instances when one party came into power with total control over the Parliament. So why worry?
Malaysia, it has to be said, despite its small size and geographical location, is an extremely difficult country to govern: Representative politics of any kind will have to take into account its complicated and sometimes confusing demography and ethnic-religious landscape; and anyone who wishes to occupy the seat of Prime Minister will have to balance all these centrifugal demands that threaten to rip the national social fabric asunder. Adding to the difficulty is problem that Malaysian politics remains divided along cleavages of ethnic, linguistic, cultural, religious and class divisions, and the rise of communitarian parties that represent their specific constituencies also means that coalition politics becomes a contestation of different, sometimes divergent, communitarian interests as well. Which brings us back to the contentious Hudud debate that has been resurrected of late, and why this issue wont go away. Some say that it was unreasonable for PAS to demand the enactment of Hudud punishments, though others might also state that it would be unreasonable to expect PAS to give it up. After all Socialist parties are not asked to give up Socialism any more than Conservative parties asked to give up Conservatism. But what if a Socialist party was forced to form a coalition with a Conservative one? How and where would the compromise come about? It seems that for now the Pakatan will stick to the line that PAS has the right to speak, discuss, propose and even formulate and demand Hudud. I concur with this, on the basis that all parties have the right to discuss the basic tenets and demands of their ideology. But PAS also has to accept the fact that this right to demand is also accompanied by the right to disagree and reject, and on that grounds other parties also have the right to reject their demands as well. That too, is part of compromise coalition politics, and all the parties of the Pakatan better wise up to that. So, in the lead-up to the coming General Elections, we are left with little to do but to speculate on the possible outcomes. All this speculation is, of course, hypothetical- and thus cannot be verified/falsified at this stage. But as Malaysia’s political parties have demonstrated some degree of normativity and predictability in their behaviour, we can make tentative predictions as to what might happen in some instances:
Scenario 1: BN wins big, on the scale of 2004 In the event that PM Najib’s public relations exercises bear fruit, there is the slim possibility of a rebound. What then? Well again it all depends on the composition of a BN majority government and how the seats in Parliament and the State Assemblies be distributed. We recall that in 2004 when former PM Abdullah Badawi won a huge mandate – in fact, the biggest in Malaysian history – the government was dominated by one party, UMNO. Interestingly, it was at this time that UMNO’s clear majority and dominance gave Badawi the opportunity to reform his party and the country by extension. But instead the Malaysian public was witness to a series of actions – keris-waving and all that – that effectively robbed the BN of its credibility in the eyes of the wider Malaysian public. But in the event that there is a more even spread of seats (however unlikely) between the BN parties this time, then the PM will have to balance the demands of UMNO, MCA, Gerakan et al. at a time when Malaysia’s economic pie is shrinking and communitarian-economic demands are rising. Needless to say, it wont be an easy task.
Scenario 2: Pakatan wins big, on the scale of 2008 or bigger Should the reforms of PM Najib be stalled (for whatever reasons, including sabotage by his own supporters and resistance from his own coalition) then we are faced with the possibility of a PR government: Something unprecedented in Malaysian history. Now let us clear some misconceptions first: Some have said that a PR government will be an unstable one because it would be a coalition government; but frankly this critique does not hold water as the BN has always been a coalition too, like the Alliance (Perikatan) from the 1950s to the early 1970s. Being a coalition is not a problem for the PR; but rather balancing the demands of the different parties which they have to do. In such a scenario a second question emerges: What if a PR government is dominated by PAS? Or DAP? Or PKR? It is perfectly fine (and correct) for the Pakatan’s leaders to say now that Hudud will not be implemented without the consent of the Pakatan as a whole. But what if PAS dominates a Pakatan Federal government, and has a majority in the same way that UMNO did in 2004? And what if it is DAP that dominates the government with the same sort of majority instead?
The outcome of such a result may throw out of balance the coalition that has been built thus far, which brings us back to the starting block: Like it or not, BOTH the BN and PR are coalitions and in the event that one side assumes power (One side has to assume power, naturally) BOTH coalitions will have to find ways and means to seek and secure a working consensus that will alienate as few Malaysian voters as possible. Yes, it is frustrating for ordinary Malaysians to see their fate and the fate of the nation being tossed in the air by politicians who discuss in closed rooms behind closed doors. Yes, it is worrying that most of us don’t even know what sort of horse-trading is taking place, and what the deals and compromises are.
Yes, it is worrying that in the end compromises may be made that will affect our lives and futures in a permanent way; and to know that the sentiments of the lonely individual do not count in the calculations of our political representatives and leaders. But that is the nature of politics and is, in fact, how politics has been conducted in Malaysia since 1957/63. I for one have no doubt whatsoever that nobody in the corridors of power cares about me, my life, my aspirations or even my single vote. We are statistics, and not important unless aggregated in large numbers. My only hope is that as the politicians in this country debate, bicker and bargain with/against each other, at some point cool reason, common sense and pragmatism might eventually prevail – and that the politicians of both coalitions and all parties will take into account the national interest for once. Farish Noor is a well-known political writer and Senior Fellow at Singapore’s NTU
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Don’t you mock ‘ASPIRATIONS’ to EQUALITY ‘Farish’. We are Legion for we are many. I for one have no doubt that EVERYBODY in the corridors of power WHO MATTERS AT ALL cares about me, my life, my *aspirations* and my single vote. We are NOT statistics, and you Farish in callously using such a term as ‘mere statistics’ to describe ALL voters , as Malaysian Insider’s John Lee has in the same manner merely labelling a very influencial class of voters as ‘chattering classes’, have regressed into a hegemonist who dehumanises the voters and typical propagandist that tacitly endorses APARTHEID. We are equal citizens and will not be mere taxpayers for people like Farish or Azmi to use as pawns or sacrifice rights to in selfish and self glorifying games, academia or politics.
Singapore and it’s aspirations from neglectful attitudes and articles as these, will be finished by the 13 point plan should they follow the plan laid out. Else a nice natural disaster or 2 via spirit or technology or whatever, will put paid to the ignorance of those who presume to oppress and subjugate with pernicious and pretentious articles as yours. No address of APARTHEID in Article 1 of the UNHCR, no address of NEPOTISM, no address of abuse of ARTICLE 18 of the UNHCR, then he goes on to call the very voters ‘STATISTICS’. Your political commentry and attitude to the voters is detestable and arrogant. Must have been converted into one of the ‘elite uncaruing faces’ PAP is so known for.
There will be EQUALITY by the UNHCR or prohibition of Asabiya or hell to pay. Win the battle but lose the war, and in the view of 2 fading and 2 rising superpowers, some of their citizens with no sympathy for APARTHEID and capable of equally rampant and punishing and disenfranchising racism displayed by you-know-who that no nation could survive, the other 2 with no sympathy fundamentalism, the voters and their home nations severely slighted and now mocked as ‘statistics’, will be accorded the respect they deserve or for certain they will be back to reclaim their rights, with interest to boot (50+ years of reverse APARTHEID sound fair?).
Anyone ready to write a REVERSE Reid-Commission for ‘Reparations’ to the Orang Aslis, Indians and Chinese in Malaysia? All WORLD CITIZENS who do not believe in APARTHEID of course and who would speak up for the oppressed will of course not be affected. He who would use such divisions to forward himself is no academic at all. Disappointing one Farish ! Or refute where wrong and not hide behind abuse and falsehoods employed against the HONEST and NEUTRAL citizens who will be quite happy to show you a statistic of few or 50+ years worth in GE13 or after Singapore is re-assimilated as per to counter the colonial English’s long term plans.