Waving the Constitution

It has been an extremely busy few weeks, but I did manage to put up a couple more blog posts recently, relative to earlier weeks. But I'll probably be easing off a bit for the next week or so as I have to help complete a big writing project for the Party. (Writing can be really tiring! ;))

But before I go into a mini-hiatus, I thought I'd highlight again, this time, our Prime Minister's reiteration that Malaysia is indeed an Islamic State.

Seperti yang telah saya nyatakan sebelum ini, Malaysia bukanlah sebuah negara sekular ataupun negara teokratik. Malaysia adalah sebuah negara Islam, yang ditadbir berlandaskan prinsip-prinsip Islam, dan pada masa yang sama, berpegang teguh kepada prinsip-prinsip demokrasi berparlimen yang berpandukan kepada undang-undang tertinggi negara, iaitu Perlembagaan Persekutuan.

Prinsip Islam yang saya maksudkan di sini dapat dilihat melalui pendekatan Islam Hadhari yang telah saya perkenalkan.

I assume Pak Lah meant to say in English that "“Malaysia is an Islamic state which is administered based on the principles of Islam and at the same time adheres to the principles of parliamentary democracy guided by the highest law of the land - the Federal Constitution. The principles of Islam mentioned here is the Islam Hadhari philosophy which has been introduced by him."

The billion ringgit question then is, in the event of contradiction between Islam Hadhari as defined by the Prime Minister, and the Federal Constitution, which one comes first? If it is the former, then by definition, we are a theocratic state. If it is the latter, why is it that we are seeing clear cut evidence to the contrary? It is especially obvious when the Prime Minister states that we are "not a secular state", contrary to the spirit and objectives of the Federal Constitution. Either that, or he doesn't know what he is talking about.

Now, given that the MCA Youth leaders led by Datuk Liow Tiong Lai who had tried to defend Najib's initial proclamation that Malaysia is an Islamic State, and who so patrioticly waved the Federal Constitution during the MCA Youth Assembly, the question is will he lead the MCA leaders both in the cabinet as well as the Parliament to wave the Federal Constitution in Parliament?

The apex of Liow’s speech was in the closing when he said that it was never MCA Youth’s culture to brandish the keris.

“If we want to brandish something, why not let us wave the Federal Constitution?” he said as all of the Youth wing committee members on the stage rose in unison with copies of the constitution in their hands to loud applause from the floor.

Or was the waving of the constitution just for MCA's internal consumption and a photo taking publicity opportunity, or will he act as big as he talks?

MCA Supports Bar Council Forum?

For once, that's very good to hear. But please tell that to your Prime Minister, Deputy Prime Minister and best friend, UMNO!

We have read with interest that the MCA leadership has come out strongly via statements to the media the party was “extremely upset at the protesters' actions” which resulted in the event having to be wrapped up early. They said the forum should be respected by everyone as the council had conducted it in a rational and peaceful manner.

Datuk Seri Ong Ka Ting was quoted to say that the “forum never intended to question the special position of the Malays or Islam as the religion of the federation as enshrined in the Federal Constitution. Never once were the organisers, speakers or registered guests critical of Islam”.

However, at the very same time, both the Prime Minister, the Deputy Prime Minister and other top leaders from UMNO has been unapologetic and even threatening in their condemnation of the forum conducted by the Bar Council.

The Prime Minister said the Bar Council had been advised against holding the forum that touched on sensitive matters like religion and race. He has state that he“hope[s] such an incident won’t repeat itself. Last Saturday’s forum is proof that issues relating to religion and race are sensitive in the country.

The Deputy Minister went further to say that the Bar Council’s persistence in going ahead with a forum on conversion to Islam has triggered extreme reaction from certain quarters, which in turn would threaten the country’s harmony.

The country's top leadership has even not discounted the possibility of utilising the Internal Security Act against the forum organisers, clearly a threat which is no less “extreme” compared to the actions of the demonstrators!

Therefore, while we welcome MCA's views on the controversy, they must face up to their responsibility to challenge the views of the Prime Minister and UMNO, who are clearly abusing the race and religious card recklessly to create an atmosphere of fear. It is noteworthy that while the protesters were condemned, no comments were forthcoming on the opposing views espoused by the UMNO leaders.

Without doing so, it would appear that Barisan Nasional is perpetuating its system of divide and rule, where UMNO stokes the racial and religious sentiments of Malays while MCA plays its subservient role to placate the minority communities. That, will only strengthen the case that MCA has lost it total relevance in Barisan Nasional.

The DAP stands firm that there are probably no better party to organise and lead discussions on the Constitution and the laws of Malaysia than the Bar Council. It was also a constructive forum to ensure that unintended victms as a result our laws will be given humane and justifiable treatment. It will make a complete mockery of our legal and judicial system if its very practitioners are denied opportunities to discuss or explain our laws.

In the Land of Aisyalam

I have a short fairy-tale to tell this morning for us to tell all our children.

Once upon a time, there was a country Aisyalam not too far away was ruled by a Government voted by the majority and for the majority. Over time, the ruling party of the land got increasing autocratic, and in that process ironically, became increasingly nervous about losing that autocracy.

The deputy dictator of the land, decided one day to shore up his popularity by appealing to the influential flat earth society. He decided to declare "the world is flat, and that it was never, never round" despite the fact that he has personally travelled around the world and never fallen off the edge of the earth.

In the face of mounting unhappiness amongs the oppressed minorities who raised their arms in incredulity for they believed that the world, was incontrovertibly round! To prevent further embarrassment to the autocracy, for the outcry by minorities was backed by indisputable scientific and documentary evidence, another decree was issued.

This time round, the Ministry of Unfree Expression declared that there can be no further discussion on the issue of whether the earth was flat or round, with the exception of the almighty dictator and his deputy, who can continue to proclaim that the earth is flat.

Despite the decree, and sensing persistent simmering discontent and restlessness amongst the commoners, the almighty and all-benevolent dictator decided to accomodate the interest of all by decreeing that "the world is neither round or flat".

The populace of the land of Aisyalam rejoiced at the wisdom of the almighty dictator, and everyone lived happily ever after in the comfort that a world they live in is neither round or flat.

The above story was inspired by renown scholar, Farish A. Noor, who spoke this morning at the Parliamentary Roundtable hosted by the Parliament Opposition leader, Sdr Lim Kit Siang.

The Roundtable was to reaffirm Merdeka social contract and Malaysia Agreement on the occasion of 50th Merdeka anniversary that Malaysia is a secular state with Islam as official religion and not an Islamic state.

The speakers at the Roundtable, includes Honey Tan from AWAM, Malik Imtiaz of HAKAM, Dr Hacharan Singh of MCCBHCST, Dr Nasir of Parti Socialis Malaysia and Andrew Khoo of the Human Rights Committee of the Malaysian Bar Council.

What was disappointing was the fact that despite it being a parliamentary roundtable open to all Members of Parliament, none from Barisan Nasional, particularly, none from MCA, Gerakan, MIC and other parties turned up to defend the principle of a secular state irrespective of political affiliations.

Just as the MPs from MCA, Gerakan and MIC failed to defend the rights and dignity of women when UMNO MPs insulted Malaysian women, similarly, they are now failing to defend the rights of minority and the secular state.

Disappointing Protest Against Bar Council

I must express my deepest disappointment at the protest led by Kulim-Bandar Baharu Member of Parliament, Zulkifli Noordin on the forum held by the Bar Council to discuss the issue of Article 121 (1A) of the Federal Constitution.

It has been reported that the "protesters, many of whom are from Muslim welfare organsation Perkida and Islamic party PAS, shouted, “Hancur Bar Council” (Crush Bar Council), “Hidup Islam” (Long Live Islam) and “Batal forum” (Cancel the forum). They are carrying placards saying “Jangan cabar Islam” (Don’t challenge Islam) and “Bar Council, Don’t play with fire”.

I am deeply disappointed because the protest is not only misguided, it was also immature and unconstructive. I had issued the following press statement yesterday to emphasize the fact that if even the Bar Council, comprising of members of the legal fraternity, is not allowed to hold open discussions in relation to our constitution and its laws, then it makes a complete mockery of our legal system.

What what probably most ironic was that when the organisers agreed to end the forum early and "when those who attended the forum made their way out of the building, they were greeted with loud boos, obscenities and vulgar words". This type of behaviour certainly makes a mockery of the very religious principles which they claim to want to uphold.

And when asked by Malaysiakini why should the protesters not participate via dialogue and engagement in the forum instead, Zulkifli said that he was open to dialogues but the Bar Council’s intention was to provoke Muslims. “For us, this forum is merely (for) Islam-bashing.”

Well, for me, the statement is absolutely uncalled for, totally unjustified and provocative and completely brainless. If discussing our constitution and our laws is equivalent to "Islam-bashing", then he needs to have his head inspected. The forum did not create the "hoo-haa". It is "leaders" like him who fail to understand simple principles who misleads others into thinking that the whole world is against them.

The group had earlier threatened "many times to storm into the building if the forum was not stopped." In addition, the police had allegedly "found two bottles of alcohol by the building that were believed to be unlit Molotov cocktails."

Well, it appears that this type of thuggish and loutish behaviour is unfortunately not only limited to UMNO Youth.

Bar Council Forum on Article 121 (1A)

In the light of protests made over the forum which was scheduled to be held today, I had issued a press statement defending the forum and the Bar Council yesterday. My comments on what happened at the forum today with protests led by the Member of Parliament from Kulim-Bandar Baharu is blogged here separately.

The Bar Council intends to hold the forum entitled “Conversion to Islam: Article 121 (1A) of the Federal Constitution, Subashini and Shamala Revisited” within its premises on Aug 9.

However, its plans has been met with immediate protests from UMNO Youth, PAS and even the Deputy Prime Minister, Datuk Seri Najib Abdul Razak himself.

Executive Council member of UMNO Youth, Datuk Pirdaus Ismail was reported to have issued the warning “Don’t play with fire! Don’t ever touch religious and racial (matters)!" He even asserted that “It is pointless to organise forums based on intellectualism, professionalism or controversial issues when the safety, peace, harmony and stability of the country were being compromised.”

PAS party president, Abdul Hadi Awang argued that “although, PAS accepts the freedom of expression of various parties to dialogue and discuss issues of public interest, nevertheless, issues concerning Islam is something already guaranteed in the Federal Constitution.” According to Hadi, any discussion pertaining Islam, said Hadi, should involve those who had sufficient knowledge and are authorities in the subject as it will otherwise “only confuse the real understanding of Islam and cause undue tension.”

At the same time, Datuk Seri Najib Abdul Razak chipped in that the Bar Council Malaysia's proposed forum entitled Conversion to Islam is unsuitable to held in an open manner.

1. Firstly, the entire basis of such a forum being held is due to the controversies and parties victimised as a result of difference in interpretations of Article 121 (1A). Hence a forum held to discuss these differences is certainly constructive towards setting a foundation for “safety, peace, harmony and stability of the country”, as opposed to the threats issued by UMNO Youth.
   
   
2. Secondly, the question that is discussed is a question of law and not a question of religion. This means that the status of Islam as the official religion of the Federation is unquestioned. The forum does not seek to interpret Islam which is the role of the theologians, but to understand, interpret and make constructive suggestions on the law in the interest of all Malaysians.
   
   
3. Thirdly, by demanding that the forum be “closed” in nature, the Deputy Prime Minister is in fact denying the rights of Malaysians to better understand the laws of the land. If ignorance of the law is not a justifiable excuse in the courts of law, then surely, law-abiding citizens must not be denied opportunities seek a better understanding of the law and its implications.

The DAP stands firm that there are probably no better party to organise and lead discussions on the Constitution and the laws of Malaysia than the Bar Council. It will make a complete mockery of our legal and judicial system if its very practitioners are denied opportunities to discuss or explain our laws.

Merdeka Social Contract

To political parties, professional bodies, civic / religious / human rights organizations, non-governmental organisations, Members of Parliament and fellow Malaysians:

Below is a letter from Sdr Lim Kit Siang, our Parliament Opposition leader to invite you to a Parliamentary Roundtable to reaffirm Merdeka social contract and Malaysia Agreement on the occasion of 50th Merdeka anniversary that Malaysia is a secular state with Islam as official religion and not an Islamic state.

Venue: Parliament (Bilik Taklimat)
Date: Friday, 10th August 2007
Time: 10 am

Many NGOs and NGIs have confirmed their attendance, so we hope to see you there as well ;).

Dear Malaysian,

When Malaya achieved independence in 1957 and Malaysia was formed six years later in 1963, a national social compact was reached that the nation shall be a secular state with Islam as the official religion and not an Islamic State.

The Merdeka social contract and Malaysia Agreement that Malaysia is a secular state with Islam as the official religion and not an Islamic state was given expression in the Federal Constitution, articulated by the founding fathers of the nation including the first three Prime Ministers, Tunku Abdul Rahman, Tun Razak and Tun Hussein and given full recognition by the highest court in the land.

For over four decades, there was national consensus of the secular character of Malaysian nation-building which was only disrupted in the past six years, raising questions about the national commitment to protect and sustain this fundamental cornerstone of Malaysian nation-building.

A Parliamentary Roundtable to reaffirm that the Merdeka social contract and the Malaysia Agreement that the nation is a secular state with Islam as the official religion and not an Islamic state is being convened in Parliament on Friday, 10th August 2007 at 10 am. (Bilik Taklimat)

This is to send out a clear and unequivocal message on the occasion of the 50th Merdeka anniversary of the nation in 2007 that the Merdeka social contract and the Malaysia Agreement that Malaysia is a secular state with Islam as the official religion and not an Islamic state must continue to be the bedrock of the Malaysian nation-building process.

You are invited to the Parliamentary Roundtable to endorse the reaffirmation of the Merdeka social contract and Malaysia Agreement that Malaysia is a secular state with Islam as the official religion and not an Islamic state.

I apologise for the shortness of time. Kindly inform my office of your ability to accept this invitation or your representative to the Parliamentary Roundtable by Wednesday, 8th August 2007. (Contact person Lau Weng San 03-79578022).

Thank you.

Yours sincerely,


Lim Kit Siang
Opposition Leader,
Parliament

Please pass the word around, we hope to see you there!

No Debate on Islamic State?

As reported by Bernama, the Deputy Prime Minister, Datuk Seri Najib Tun Razak proclaimed on 16th July that “We have never, never been secular... we are an Islamic state.”

Subsequently, as reported in Malaysiakini, the Internal Security Ministry has confirmed that they have given a directive to all mainstream media not to publish any news on the issue of Malaysia being an Islamic state.

Publications Control & Al-Quran Texts Unit senior officer Che Din Yusof said, “Yes, we have given the directive to all mainstream newspapers. Islam is a sensitive issue. They cannot publish any news on whether the country is secular or Islam.”

However, he said newpapers can still publish statements from Prime Minister Abdullah Ahmad Badawi and his deputy Najib Abdul Razak on the country being an Islamic state.

“Reaction from political parties and the public cannot be published especially the negative reactions,” he said.

In light of the seriousness of the above two major development on a 'democratic', multi-racial and multi-cultural Malaysia, and the reluctance of other BN component parties to pick up the gauntlet, the DAP is organising a public forum to discuss the above issues:

Panel of Distinguished Speakers

• Lim Kit Siang, Parliamentary Opposition Leader
• Ambiga Sreenevasan, Malaysia Bar Council President
• Malik Imtiaz, Human Rights Lawyer
• Tan Sri Khalid Ibrahim, PKR Treasurer
• Rev Dr Hermen Shastri, General Secretary, Council of Churches*
• Lim Guan Eng, Secretary-General to DAP

* To be confirmed

Venue: KL & Selangor Chinese Assembly Hall
Date: 25th July 2007 (Wednesday)
Time: 7.30 pm

If you feel strongly about the above issues, please bring friends and turn up in full force! Please forward this post to all concerned parties.

Liow Tiong Lai Defends Najib?

OK, I completely missed this earlier. On 17th July 2007, after our Deputy Prime Minister, Datuk Seri Najib Tun Razak unilaterally declared that "we are an Islamic state... we have never, never been secular", the Sun took a comment from the MCA Youth Chief, Datuk Liow Tiong Lai:

Najib's statement that Malaysia is an Islamic should not be taken literally but in a general sense that it is an Islamic country, where the majority of the population is Muslim.

Umm... so are we, or are not a secular country? And if we are indeed a secular country as defined in our Federal Constitution, what are you going to do about it? Will you heed the warning by your counterpart, UMNO Youth Chief Datuk Seri Hishammuddin Hussein? Or will you continue to "fudge" the issue as per the above?

At least the MCA secretary-general, Datuk Ong Ka Chuan attempted to defend the secular nature of our Federal Consitution before the ban was imposed on the media by the Internal Security Ministry, and by UMNO Youth on MCA leaders.

MCA Youth has also just released a statement on their website that they are "disturbed with the outburst" by UMNO Youth Chief Dato’ Hishammuddin Tun Hussein. (So, what are you going to do about it?)

It also states that:

MP for Kota Melaka and MCA Central Committee member, YB Wong Nai Chee reiterated that MCA has made our stand abundantly clear and we have nothing more to add. Wong added that we don’t intend to engage in public outcry.

I have 2 problems with the statement:

1. No where in the statement by MCA Youth was it stated in absolute clarity that Malaysia is a secular state. If such a position is so "abundantly clear", then it must be reiterated. Otherwise there is an obvious lack of sincerity.
   
   
2. Since Mahathir pronounced Malaysia as a "Islamic country" in the 929 incident, the secular nature of the country has come under increasing threat. Wong's (and MCA's) policy of not engaging "in public outcry", as they have done since 929, has clearly failed. UMNO hegemony is now absolute.
   

I can only conclude that MCA is clearly losing its legitimacy firstly, as a governing party, and secondly, as a integral component party within Barisan Nasional.

For goodness sake, you will note that all official statements from MCA is only made by junior backbenchers and unelected representatives. What is the position of the MCA President, the Cabinet Ministers and Deputy Ministers, as well as the Parliamentary Secretaries? Are they all dumb? (yes, pun absolutely intended). Do they serve the rakyat or do they serve their UMNO masters?

And the President of MCA has the cheek to proclaim in the Star today for the rakyat to "Count on MCA". What an absolute disgrace.

Kerishamuddin Warns MCA

I know that most of my readers probably don't read the Berita Harian. But here's the headlines on the frontpage of the paper today (yes, for once, go get your copy) - it says: "Amaran Kepada MCA". UMNO Youth Chief, Datuk Seri Hishammuddin Hussein fired the warning.

RANAU: Pergerakan Pemuda Umno meminta pemimpin MCA berhenti daripada mengeluarkan kenyataan yang mendakwa Malaysia sebagai sebuah negara sekular kerana tindakan itu tidak membawa manfaat kepada sesiapa.

[...]

“Saya beri amaran kepada pemimpin MCA supaya berhenti membuat kenyataan sedemikian. Ingin saya tegaskan, saya bukan pemimpin naif yang akan membenarkan perkara ini berterusan. Amaran saya ialah berhenti membuat kenyataan,” katanya selepas merasmikan mesyuarat Umno Bahagian Ranau, di sini semalam.

Datuk Seri Hishammuddin Hussein wasn't the only one showing MCA the yellow card. Even political has-been, Tan Sri Muhammad Muhd Taib has his say:

“Tindakan pihak berkenaan yang cuba mengungkit semula sejarah dan kedudukan Islam sebagai agama rasmi ini adalah tindakan tidak sopan dan melanggar persefahaman antara kaum yang dibina Perdana Menteri pertama, Almarhum Tunku Abdul Rahman.

“Pihak yang cuba mempertahankan Malaysia sebagai negara sekular dan menafikan kedudukannya sebagai negara Islam perlu melihat Perlembagaan secara menyeluruh, bukannya mengambil sesuatu fasal atau fakta secara terasing,” katanya dalam kenyataan yang dikeluarkan di sini.

MCA spent tonnes of cash in the last 3 to 4 general elections in Malaysia falsely demonising the Democratic Action Party as supporting an Islamic State, when the party has in fact been the most consistent and vociferous supporter of a secular state.

It waits to be seen if MCA will prove themselves as hypocrites and once again submit to their UMNO masters. We can only conclude that MCA is fully supportive of the UMNO Islamic State as proclaimed by Datuk Seri Najib Tun Razak, if they were to maintain their elegant silence henceforth. The above will only prove that the almighty President of MCA, is subservient even to the UMNO Youth Chief.

I wonder which political party is it that is without principles. What a absolute disgrace.

Malaysia, After Lina Joy: More Pics

The Panelist for the Forum (left to right):
Leonard Teoh, Ambiga Sreenevasan, Tan Sri Khalid Ibrahim, Lim Guan Eng,
Azmi Sharom, Yusri Mohamad, Tony Pua (Chair), YB Lim Kit Siang

Full House: Standing room only at the back, after the
hotel staff squeezed in additional chairs

The audience lined up eagerly in 2 rows behind the 2 available microphones to voice their views. This certainly provided a level of interaction between parties on both sides of the fence, meeting the humble objectives of the forum.

More reports in my earlier post here.

Malaysia, After Lina Joy: Epilogue

For the forum "Malaysia, After Lina Joy: A Dialogue", when we booked the hall at Armada Hotel which catered to some 400 persons, we were more than a little concerned that the hall would not be fully occupied. Normally, our forums are considered very well attended with a crowd of 150 persons. In fact, we attempted to procure another hall at another hotel nearby which would have been smaller, and cost much less. ;)

However, as it turns out, the worry was needless, as the DAP Petaling Jaya volunteers worked relentlessly over the week to publicise the event. An estimated more than 600 persons turned up for the event making the hall standing room only, plus another sizeable crowd, listening via the hotel speakers outside the hall. Towards the end of the forum, one of the audience even told us, the organisers, to secure a bigger hall the next time round. ;)

I thought the forum was a success, not from the perspective that we "found" a solution to all our problems relating to Lina Joy, but that it was a historic meeting of members from both sides of the divide to come together to hear each other out. For that I'm specifically grateful to the President of Angkatan Belia Islam Malaysia, Yusri Mohamad, who was gracious enough to participate as a panelist.

When many of us, of both views, often do not even understand or emphathize with the views of the other, as they have never been properly explained, then you can never have meaningful dialogue. Unlike the often interrupted Article 11 forums, we are thankful to the police for granting us the permit to hold the dialogue, for one of the very first time, we were able to hear first hand, the other side of the story. It served as a 'starter', and we hope there'll be more dialogues and discussions in time to come.

The dialogue is well reported in Malaysiakini, with Yusri's views, entitled "Respect Islam First, Then Dialogue":

Speaking at a dialogue regarding apostasy, he told some 600 people who packed a hotel in Petaling Jaya last night that there must be respect for the religion, its specialists and authorities.

“It’s a danger if we try to build circumstances around something very fluid and subject to debate. Islam is not all-consensus,” said Yusri.

“Who gets to determine which part of Islam is already settled and definite and which part is still open to debate? There must be a respect for authority, specialisation and expertise in Islam.

“Of course you can advise on Islam but please respect the sensitivities,” he stressed.

And that of the others here, "A Secular Constitution Protects All Religions":

Dr Azmi Sharom:

Another issue as to jurisdiction in the Syariah Court of the civil courts is clearly listed in Schedule 9. What is not in the list are constitutional freedoms. Constitutional freedom is clearly in the hands of civil courts. And for civil courts to say no, this is a syariah matter it is in effect saying that ‘we’re not going to live up to our responsibility to deal with this matter’.

Ambiga Sreenevasan:

The constitution is the supreme law of the federation. It doesn’t undermine any religion. The Bar Council sees this from a very legalistic point of view. It’s not to say we’re pro-this or anti-that, we’re looking at the constitutional approach taken by the courts all these years.

The Bar Council president has also let it be known that she is happy to participate in forums or dialogues organised by ABIM or other Muslim organisations, both to listen to other views, as well as to present hers. It's a good start, and I certainly hope that it can continue. And certainly, where we disagree, we can at least agree to disagree amicably.

Finally, we are grateful that the audience who came were generous with their donations, who help the Party cover the cost and expenses for the evening. And for those who attended, I hope you went back with a better understanding of the issues at hand.

Malaysia, After Lina Joy: A Dialogue

“To say that she is not under the jurisdiction of the Syariah Court – because she no longer professes Islam – is not appropriate... In other words, one cannot embrace or leave a religion according to one’s whims and fancies.”

• Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim

“Illegal and unreasonable... to expect the appellant (Lina) to apply for a certificate of apostasy – when to do so would likely expose her to a range of offences under the Islamic law – is, in my view, unreasonable.”

• Chief Judge of Sabah and Sarawak Datuk Richard Malanjum

“I am disappointed that the Federal Court is not able to vindicate a simple but important fundamental right that exists in all persons; namely, the right to believe in the religion of one's choice... The Federal Court has not only denied me that right but to all Malaysians who value fundamental freedoms.”

• Lina Joy

Details of the Forum are as follows:

Date: 7 June 2007 (Thursday)
Time: 7.30pm
Venue: Armada Hotel, Petaling Jaya

Panel of Distinguished Speakers:

• Ambiga Sreenevasan, Malaysia Bar Council President
• Tan Sri Khalid Ibrahim, PKR Secretary-General
• Yusri Mohammad, President of Angkatan Belia Islam (ABIM)
• Dr Azmi Sharom, Associate Professor, Universiti Malaya
• Leonard Teoh, Legal Advisor to Malaysia's Consultative Council of Buddhism, Christianity, Hinduism and Sikhism (MCCBCHS)
• Lim Kit Siang, Parliamentary Opposition Leader
• Lim Guan Eng, DAP Secretary-General

Chairperson: Tony Pua

ADMISSION FREE – BRING FRIENDS - ALL ARE WELCOME

Christmas Heartbreak

We sought for a Christmas gift from Pak Lah, that the printing and publications permit for the Catholic Church's internal newsletter, The Herald be renewed without conditions.

Well, Pak Lah is certainly no Father Christmas, for clearly, there will be no joy delivered. Malaysiakini has reported today that the Internal Security Ministry, despite the furore over the past week or so, has "sent a directive to the Herald to remove its Bahasa Malaysia section and this will be effective when the new permit is issued."

While earlier, some may blame the Deputy Internal Security Minister for being a mini-warlord in putting forth unreasonable conditions for the renewal of the permit, it is crystal clear now that the real man behind it is none other that the Minister himself, Datuk Seri Abdullah Ahmad Badawi. The deputy minister was only his spokesperson:

“Only Muslims can use ‘Allah’. It’s a Muslim word. It’s from (the Arabic language). We cannot let other religions use it because it will confuse people,” he said when contacted.

“We cannot allow this use of ‘Allah’ in non-Muslim publications, nobody except Muslims. The word ‘Allah’ is published by the Catholics. It’s not right,” he told Malaysiakini.

Of course, in front of others, the Prime Minister will preach the "spirit of tolerance". I've already written about tolerating Pak Lah, so I won't go on another bout of rant here. But I'm certain readers will be able to make their own judgements.

The Herald aren't the only victims of abuse of the country's laws by the Prime Minister. The Evangelical Church of Borneo in Sabah has also sued the Government for a similar issue on the 10th December. The Herald has now done the same.

I am certain that the Government's actions will not stop here. After all, the Deputy Prime Minister, Datuk Seri Najib Abdul Razak has already stated Malaysia is an Islamic State, and was "never, never a secular state" and Pak Lah defended it.

Check out Jeff Ooi's story on how MCA leaders, who couldn't even stand up to the UMNO Youth Chief, have been tasked to ask the Churches to withdraw their suit. Do you want to vote for a party that does UMNO's bidding and not fight for your rights as defined under the law?

Christmas Present

It's Christmas tomorrow. Unfortunately, I don't feel very “Christmasy”.

Malaysia used to celebrate all religious festivals with zest. We were proud of the fact that we are indeed a multi-racial and multi-religious society both tolerant and respectful of each other.

Of late, you'll only hear such rhetoric in mainstream newspaper headlines as well as tourism promotion advertisements, which now not only rings hollow, it is hypocrisy at its worst.

You may have read the news in Malaysiakini a few days ago, as well as in The Sun today, “The Herald” which is an in-house Catholic newsletter application for the annual renewal of its printing and publications license has been unreasonably witheld.

And the basis provided by the Ministry of Internal Security for witholding its permit? Simply that the newsletter must stop publishing the The Herald in the national language. For those who are unaware, The Herald has 4 language sections within its paper, English, Chinese, Tamil and Bahasa Malaysia.

The pretext provided by the Deputy Internal Security Minister, Johari Baharom was that the word “Allah” can only be used by Muslims! How absolutely arrogant and preposterous!

For those who are not familiar, the word “Allah” originates from the Arabic word “al-Lah” and it was used even in pre-Islamic times in the Middle East. Even Arab Christians today (yes, they do exist) use the term “Allah” om their Arabic bible (and yes, unlike the Bahasa Malaysia bible which has been banned, there is no ban in the Middle East on bibles in Arabic language).

Even the Sikhs use the term “Allah” since the founding of their faith and the world is repeatedly used in their Holy Book. So will the Government ban the Sikh holy book next?

Of course, the fact that many Christian bumiputeras (Ibans, Kadazans etc.) in East Malaysia is educated only in Bahasa Malaysia due to the national language policy is irrelevant to the Government.

By taking the Ministry's logic in its argument further, soon other religions will not be able to make reference to the Supreme being or an omnipotent God because, the only one which exists is expounded in the Quran. Hence any reference elsewhere will not be respectful of the faith of the Muslim majority in this country.

Who, may I ask, is the Minister for this preposterous Ministry? Oh, it can't be! It is the wise and genial Prime Minister himself, Datuk Seri Abdullah Ahmad Badawi who preaches the virtues of a multi-racial, muti-cultural and multi-religious society – which I'm certain will be the headlines of all mainstream newspapers tomorrow.

We'd like to call upon the Prime Minister, who is also the Internal Security Minister to practise what he preaches and grant the Christian community a simple Christmas present, that is to approve immediately the renewal of the printing and publication license for “The Herald”.

A Merry Christmas and a Happy New Year to all!

'Stateless' Malaysians

I held a press conference to highlight a few cases which I have received within my constituency in the last few months of Malaysians, young and old, being denied their rights to citizenship. Some cases are more complicated, but some are outright errors on the part of the National Registration Department (NRD). However, one thing is common, the lack of response, action or worse, a complete disregard of their rights by the NRD, which falls under the Ministry of Home Affairs.

Below is the relevant news report from The Malaysian Insider:

PETALING JAYA, Nov 7 — A three-year-old girl is among three people apparently denied citizenship in a growing number of what the DAP’s Tony Pua says are “systemic irregularities” in the National Registration Department.

Speaking at a press conference today, Pua highlighted the three cases which he hoped the government would look into and expedite the process of granting them citizenship.

"I think citizenship is a basic right for any human anywhere in the world. Based on our citizenship law if they qualify, the government should take every step to expedite the process," said Pua, who is also the DAP national publicity secretary.

Lai Jian Yo, 3, who has a Thai mother and a Malaysian father, has been erroneously listed as a non-Malaysian in her birth certificate.

Pua said: "By law, any person born in this country after Merdeka as long as the father or mother is a citizen or even a permanent resident of Malaysia, the child will qualify as a citizen."

(Check Federal Constitution Article 14(1)(b), and Part II of 2nd Schedule)

The child was born in 2005, and the parents only appealed in March last year as they were not aware of the law. The parents were asked to submit an application but up to this day there has not been any progress.

"It is not a matter of by application; if the error is in the birth certificate then all you need to do is change the birth certificate. You don't need to actually apply for new citizenship because she is not a foreigner," said Pua, who is also Petaling Jaya Utara MP.

The father is worried for the child's future because he is not able to register her for school. The girl will also not be able to work or move freely if she remains stateless.

The second case involves Thee Hin Yee, 19, who is an adopted child. She is unable to study or work due to her current situation.

She grew up having a temporary passport. (errata: this refers to Passport terhad, not temporary passport) However when she was 12, the NRD confiscated her birth certificate when she collected her identity card. The NRD deemed her birth certificate not legitimate and also retained her identity card. She submitted her application in 2002 but there has been no progress till now.

The third case highlighted by Pua was that of a 72-year-old mother Lam Khoi Tong, who has been denied a passport.

She was born before independence and has pre-independence identity papers. Due to misinformation during registration, she was issued a red identity card even though she was eligible for citizenship.

She has been applying ever since for citizenship.

Said Pua: "There are real systematic issues or problems in the NRD because you find people from the youngest to the oldest facing problems."

Waving the Constitution (II)

Ah... I know, I know, I need to post more ;)

For a start, it has been about a month since I've last posted my weekly articles to Oriental Daily. So, I'll start there while I get my thoughts sorted to put up more posts, many of which are much delayed ;)

The following article was a combination of what I wrote on the Government's total disregard of the Federal Constitution as demonstrated by the Minister in Prime Minister's Department, Datuk Seri Nazri Aziz's proclamation that he's the Chief Justice "boss", as well as an earlier post where I remarked on the MCA Youth Chief's placid atttempt to wave the Federal Constitution. We have still not witness any attempts to do so both at the Parliament or the Cabinet by MCA.

举起联邦宪法

我国联邦宪法是国家的最神圣的法律文件。如果马来西亚国家领袖或人民不尊重联邦宪法，国家统治就会陷入混乱。

所以当首相署部长纳兹里为了平息¨林甘短片〃所引起的丑闻，宣布他是联邦法院首席大法官阿末法鲁斯的部长，以及是“掌管法律事务的部长”时，我感觉到前所未有的不寒而栗。

我国联邦宪法明文规定司法是独立的，司法更是制衡政府行政部门的机关。失去了司法与立法独立的马来西亚，就再也不是一个真正的民主国。我们也没有办法保证，国家法律还能作为庇护公民免受政府欺凌的护身符。

一个初级部长能够那么骄傲自满的宣布他是联邦法院首席大法官的上司，根本就是藐视联邦宪法的表现。难道我们国家政府已经完全无视宪法的存在，不需要再尊重联邦宪法了吗？

刚刚过去的第44届马青全国常年代表大会上，马青总团长廖中莱很骄傲的宣告“国人应坚守宪法独立精神”。他率领中委举起《联邦宪法》，嚷嚷“以举手机取代举短剑”暗讽出席该大会的巫青团副团凯里。

廖中莱还强调，马华不是任人欺负的，“人不犯我，我不犯人；人若犯我，我必犯人！”席中也表示关系民族利益的课题，马青的立场绝对鲜明，不回避、不挑衅，咬定青山不放松！

但可笑的是，他只用华语表达给马青团员与不谱华语及热烈鼓掌的凯里听。他在以国语演讲时，却不再提这几句义气冲天的说辞。

目前，我国司法与宪法又受严重的威胁了，引起律师公会在布城大型的游行。问题是，廖中莱或者其它马华部长是否会在内阁或国会举联邦宪法，强烈地仗义直言来保护我国司法机关？还是马华领袖会把“林甘短片”丑闻视若无睹？

廖中莱还说，批评比建设容易，马青要做的事情很多，没有时间和反对党纠缠不清。可是，看来廖中莱应该认为开空头支票比接受批评还要容易。马青不只没时间反驳反对党提起的问题，它们也没时间、气节或胆量作出维护宪法的行动。

Will Khir Toyo be Charged?

I was arrested (and whacked) for lighting candles at a peaceful gathering of 200 or so people last year in an open park and charged for my "crimes".

Four days ago, Khairy Jamaluddin, UMNO Youth Chief candidate led a 1000-strong crowd chanting "kill him" at those accused of alleged treason in Ipoh. He got away scot free (not for the first time too!).

When UMNO Youth also demonstrated in an unruly manner outside Karpal Singh's legal office in Kuala Lumpur 2 days ago, and Karpal

related that he had spoken personally to an officer in uniform, whom he identified as “Mr Chan”, and was told that the organisers had not got a permit for their protest but that he was “under instructions” not to break up the rally.

Finally, when Khir Toyo led an UMNO Youth march in Penang heading towards Karpal's personal home, the police arrested him. (That must have been such a slap in the face for Khir Toyo, the other UMNO Youth chief hopeful)

Thank you to the police for acting impartially in Penang. The next step is for the Attorney-General's office to prosecute Khir Toyo for "illegal assembly".

I'm all for protecting our constitutional right for freedom of assembly, for holding peaceful demonstrations. But all must be equal before the law, as expressly stated within our Federal Constitution - therefore if the police are to prosecute anybody for peaceful assembly, then all should be prosecuted. If not, then all charges to all accused of 'illegal assembly' must be immediately dropped.

Will Khir Toyo be charged? (Was that a rhetorical question?) And if he is charged, it'll be absolutely hysterical if his defense was the right to peaceful assembly as provided for in our Federal Constitution!

What Constitution?

I won't write much. The quote from the Minister in Prime Minister's Department is shocking enough on its own. With reference to the boiling crisis of credibility facing our Malaysian judiciary with the exposure of the "Lingam tapes", Datuk Seri Nazri Aziz has this to say, as reported in Malaysiakini.

De facto law minister Mohd Nazri Abdul Aziz said he issued a denial on behalf of the chief justice in relation to the explosive ‘Lingam tape’ revelations because “I am his minister”.

“I am his minister. I am the minister in charge of legal affairs. He is clever enough to know that the reporters will ask me for a response.”

Clearly, the Federal Constitution is only a document for show in the current administration led by Datuk Seri Abdullah Ahmad Badawi. Having desecrated the constitution by declaring Malaysia as an Islamic state, the Government now does it again by not only removing the independence of the judiciary, but also subjecting it to a junior minister in the Malaysian cabinet.

I will certainly like to see the Deputy Minister for Youth and Sports, Datuk Leow Tiong Lai to wave the Federal Constitution, as he promised to do at the MCA Youth General Assembly at both the Cabinet as well as the Parliament. Having failed to defend the Malaysian constitution when the Deputy Prime Minister, Datuk Seri Najib Abdul Razak declared Malaysia as having never been a secular state, will he redeem himself this time round? Or more likely, is it a case of chicken again?

For that matter, why are all the BN component party parliamentarians so quiet on this issue? Some like Datuk Fu Ah Kiow even became apologists for their UMNO masters.

The End of Religious Freedom (?)

This post will sound somewhat apocalyptic, but I certainly do not think it's an exaggeration.

I wrote about the Christmas present for the Malaysian Catholic community earlier which never came. Well, it did actually, shortly after that when the Internal Security Ministry belatedly granted the Printing and Publications Permit for their in-house newsletter "The Herald". Better still, no specific conditions were apparently attached to the permit, for example, on the use of Bahasa Malaysia.

The renewal, despite the delay, led naturally to non-UMNO Barisan Nasional leaders praising the wisdom of the moderate prime minister, Datuk Seri Abdullah Ahmad Badawi.

The minister in the Prime Minister's department, purportedly in-charge of Christian affairs, Tan Sri Bernard Dompok said he brought the matter to the attention of prime minister a few days before Christmas.

“I think the permit is good news and the Government has given the Christian community a wonderful Christmas present. The community will certainly be happy to know that the Government is looking into their welfare and that the Government is interested in all the races,” said Dompok.

The Star in one of its editorials, commented that

...our Prime Minister Datuk Seri Abdullah Ahmad Badawi is a fair man... Pak Lah must have listened to the views of both Muslims and Christians by now and certainly he serves as a good appellant.

[...]

It is good that the controversy has been handled in a rational and calm manner. Many Malaysians, in fact, do not see the need for it to crop up in the first place, and we sometimes need to remind ourselves that we should not see any agenda or shadow in every action or statement that we make.

Alas, those rejoicing spoke too soon and it was not to be. In less than a week after the permit was "approved", the Minister in the Prime Minister's office in-charge of Muslim affairs, Datuk Abdullah Zin issued a press statement stating that 'Allah' is off-limits to non-Muslims, and its use is exclusively Islam's.

The restrictions on the use of the word “Allah” was still enforceable and shall be upheld as decided by the Cabinet in two of its meetings – on Oct 18 and Nov 1, 2006, Minister in the Prime Minister’s Department Datuk Abdullah Mohd Zin said.

Abdullah, who said the Prime Minister had instructed him to clarify the matter so the public would not be confused...

Two critical issues stand out in the above statement.

• Firstly, the Prime Minister has specifically instructed Abdullah Zin to make the clarification which means that unlike what was painted in the Star, he's not a "fair man", and neither is he "rational" or "calm".
  
  
• Secondly, and more tellingly, the Cabinet, which comprises also of MCA, Gerakan and MIC non-Muslim members, have agreed with such discriminatory policies during the cabinet meetings in 2006. Are they not then clearly demonstrating that they are beholden to UMNO, and not instead, rightfully to the rakyat?

What is worse, is that the Barisan Nasional government isn't going to stop just there in the Islamisation process. You may have read from Sdr Lim Kit Siang's blog that the formerly prestigious English College (EC) in Johor Bahru now requires all its prefects to don the songkok on a daily basis. And as reported here in Malaysiakini, even children's books with cariacatures of prophets are seized by the Internal Security Ministry, headed none other than the Prime Minister himself, who is allegedly "serves as a good appellant".

There are countless of other examples on such exercises of (in)tolerance. The reasons given? Its the same tune that "the illustrations of prophets in the Christian children’s books are said to offend the sensitivities of Muslims".

Soon, the very presence of churches and temples in our midst will be deemed "to offend the sensitivities of Muslims". Or the fact that the mere mention of the existence of another religious belief which isn't in line with UMNO's version of Islam will be deemed a seditious offence, and hence outlawed.

Is it far fetched? Certainly not. Especially not if the rakyat continues to put on their blinkers and provide support to Barisan Nasional component parties who chooses to remain submissive to their lords and masters, the UMNOputeras.

There is certainly no other way of looking at it. I'm no apologist for PAS, but the way it is, the Barisan Nasional government led by Abdullah Ahmad Badawi, Ong Ka Ting, Koh Tsu Koon and Samy Vellu is certainly more fanatical in extinguishing religious freedom in Malaysia, under the guise of "tolerance and moderation".

This, ladies and gentlement, is the dawning of Abdullah Ahmad Badawi's Islamic State.

Ahmad "Penumpang" Ismail

UMNO Bukit Bendera Division Chief, Datuk Ahmad Ismail has once again demonstrated the party's true colours and they obviously will never learn or change their bigoted ways.

This time round, even their badly discredited political partners, MCA and Gerakan came out strongly to denounce his statements made during the recent Permatang Pauh elections that the Malaysian Chinese were "penumpang" (squatters) and cannot be trusted to whip up racial support for UMNO. And he did it in front of Deputy Prime Minister, Datuk Seri Najib Abdul Razak, without any reprimand from the latter.

Will it however be a complete show, signature campaigns and all, and Datuk Ahmad Ismail gets away scot free? Well, it certainly looks like it.

There is no other term to describe the Prime Minister and UMNO president, Datuk Seri Abdullah Ahmad Badawi's response to the controversy except to call him totally spineless. His only comment to the press to date:

"I will tell him not to do it again. You know in a campaign all sorts of things can come up. I don’t think he meant it. I’ll make sure to tell him not to use it again."

The response is almost laughable. I believe it isn't necessary for DAP to do much to ensure the continued political demise of MCA, MIC and Gerakan. UMNO, including the Prime Minister himself, will do it for us. All these controversies are happening as Malaysia celebrate its 51st Merdeka anniversary, packed with the rhetoric of national unity and harmony.

DAP has filed police reports throughout the country in every state today to symbolically voice our utmost disgust and disappointment with Datuk Ahmad Ismail for his racist remarks. It is our solemn protest to ask UMNO to uphold the spirit of Merdeka.

Many have pointed out the fact that Datuk Ahmad Ismail's remarks have created feelings of discontent and hurt among the various races in the country, which is deemed illegal under the Sedition Act Clause 3(1)(e) which states that it is seditious:

to promote feelings of ill-will and hostility between different races or classes of population of Malaysia

While, the criticism of Sedition Act is its lack of clarity and subjectivity of what is deemed to promote "feelings of ill-will", Datuk Ahmad Ismail has clearly and conclusively breached another clause under Sedition Act, 3(1)(f) which deems seditious any act:

to question any matter, right, status, position, privilege, sovereignty or prerogative established or protect by the provisions of Part III of the Federal Constitution...

Now, Part III of the Federal Constitution is on Citizenship where it guarantees citizenship under Article 14

1. Subject to the provisions of this Part, the following persons are citizens by operation of law, that is to say:

(a) every person born before Malaysia Day who is a citizen of the Federation by virtue of the provisions contained in Part 1 of the Second Schedule; and

(b) every person born on or after Malaysia Day, and having any of the qualifications specified in Part 11 of the Second Schedule.

Hence, under Malaysian laws, one cannot question the citizenship of Malaysians regardless of race or religion.

I've read the relevant clauses a few times, and I can see it no other way than to say that Datuk Ahmad Ismail is in breach of Malaysia's laws and the Attorney-General must initiate actions against him. The offence is punishable by being sentenced to 3 years jail or RM5,000 fine or both.

Will Pak Lah act to uphold Malaysian constitution and laws? Or will he finally pick up political courage to do the necessary? Will MCA and Gerakan accept no punitive or concrete actions against Datuk Ahmad Ismail? Or will UMNO and Barisan Nasional component parties continue with its rhetoric of national unity, which can no longer mask its "cakap tak serupa bikin" culture.