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SOSMA - not the new ISA and no death penalty...Let's understand SOSMA better?

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SOSMA is again relevant, when it was disclosed that current BERSIH Chairperson is now being detained under SOSMA.



A perusals of news reports and comments indicates that there still a lot of confusion about SOSMA - and as such, I would try to shed some light about this draconian legislation, which I believe should be repealed...Read on..
SOSMA is NOT the new ISA - it does not provide for offenses and certainly does not provide for the Death Penalty. It is like the Essential Security Cases Regulations (ESCAR)
 
SOSMA is not an offence - but a law that provide for special procedures when it comes to persons arrested and detained who are being investigated for security offences - and this security offences is defined in the SECURITY OFFENCES (SPECIAL MEASURES) ACT 2012(SOSMA) as being offences listed under Chapter VI and VIA of the Penal Code.

Under normal Criminal Procedure Code, police can only arrest and detain a suspect for 24 hours, and then the police need to apply for a further remand order from the Magistrate. If satisfied, the Magistrate may order further remand for a few days. If more time, the police goes again and applies for further remand...and this may go on - but the maximum period for remand is 14 days.

With SOSMA - the police need not go get a Magistrate order - now, all that is needed is for a police officer of or above the rank of Superintendent of police to extend the period of detention...No need to get a Magistrate's order. 

Now, SOSMA uses the word 'may' ...so it is an option available to the police. They need not extend the period of detention...in fact, they do not even have to rely on SOSMA and could still use the normal procedure in the investigation of any criminal offence...
4(5) Notwithstanding subsection (4), a police officer of or above the rank of Superintendent of Police may extend the period of detention for a period of not more than twenty-eight days, for the purpose of investigation.

See related posts:-
  
 
 
SECURITY OFFENCES (SPECIAL MEASURES) ACT 2012
 
Preamble

An Act to provide for special measures relating to security offences for the purpose of maintaining public order and security and for connected matters.

[31 July 2012, PU(B) 256/2012]
WHEREAS action has been taken and further action is threatened by a substantial body of persons both inside and outside Malaysia-

(1) to cause, or to cause a substantial number of citizens to fear, organized violence against persons or property;
(2) to excite disaffection against the Yang di-Pertuan Agong;
(3) which is prejudicial to public order in, or the security of, the Federation or any part thereof; or
(4) to procure the alteration, otherwise than by lawful means, of anything by law established;
AND WHEREAS parliament considers it necessary to stop such action;
NOW, THEREFORE, pursuant to Article 149 of the Federal Constitution.IT IS ENACTED by the parliament of Malaysia as follows:-

Section 2  Application
 
This Act shall apply to security offences.
 
 
3  Interpretation
In this Act, unless the context otherwise requires-
"security offences" means the offences specified in the First Schedule;
 
 
FIRST SCHEDULE
(Section 3) 
SECURITY OFFENCES
Penal Code [Act 574]:
(i) Offences under Chapter VI
(ii) Offences under Chapter VIA

To know, what these SECURITY offences are, we look at the Penal Code...

PENAL CODE

CHAPTER VI   OFFENCES AGAINST THE STATE

121Waging or attempting to wage war or abetting the waging of war against the Yang di-Pertuan Agong, a Ruler or Yang di-Pertua Negeri

121AOffences against the Yang di-Pertuan Agong's person
121BOffences against the authority of the Yang di-Pertuan Agong, Ruler or Yang di-Pertua Negeri
121CAbetting offences under section 121A or 121B
121DIntentional omission to give information of offences against sections 121, 121A, 121B or 121C by a person bound to inform
122Collecting arms, etc., with the intention of waging war against the Yang di-Pertuan Agong, a Ruler or Yang di-Pertua Negeri
123Concealing with intent to facilitate a design to wage war
124Assaulting member of Parliament, etc., with intent to compel or restrain the exercise of any lawful power
124A(Repealed)
124BActivity detrimental to parliamentary democracy
124CAttempt to commit activity detrimental to parliamentary Democracy
124DPrinting, sale, etc., of documents and publication detrimental to parliamentary democracy
124EPossession of documents and publication detrimental to parliamentary democracy
124FImportation of document and publication detrimental to parliamentary democracy
124GPosting of placards, etc.
124HDissemination of information
124IDissemination of false reports
124JReceipt of document and publication detrimental to parliamentary democracy
124KSabotage
124LAttempt to commit sabotage
124MEspionage
124NAttempt to commit espionage
125Waging war against any power in alliance with the Yang di-Pertuan Agong
125AHarbouring or attempting to harbour any person in Malaysia or person residing in a foreign State at war or in hostility against the Yang di-Pertuan Agong
126Committing depredation on the territories of any power at peace with the Yang di-Pertuan Agong
127Receiving property taken by war or depredation mentioned in sections 125 and 126
128Public servant voluntarily allowing prisoner of State or war in his custody to escape
129Public servant negligently suffering prisoner of State or war in his custody to escape
130Aiding escape of, rescuing, or harbouring such prisoner
130AInterpretation of this Chapter
CHAPTER VIA   OFFENCES RELATING TO TERRORISMSuppression of terrorist acts and support for terrorist acts
130BInterpretation in relation to this Chapter
130CCommitting terrorist acts
130DProviding devices to terrorist groups
130ERecruiting persons to be members of terrorist groups or to participate in terrorist acts
130FProviding training and instruction to terrorist groups and persons committing terrorist acts
130FAReceiving training and instruction from terrorist groups and persons committing terrorist acts
130FBAttendance at place used for terrorist training
130GInciting, promoting or soliciting property for the commission of terrorist acts
130HProviding facilities in support of terrorist acts
130IDirecting activities of terrorist groups
130JSoliciting or giving support to terrorist groups or for the commission of terrorist acts
130JATravelling to, through or from Malaysia for the commission of terrorist acts in foreign country
130JBPossession, etc. of items associated with terrorist groups or terrorist acts
130JCOffence to build, etc. conveyance for use in terrorist acts
130JDPreparation of terrorist acts
130KHarbouring persons committing terrorist acts
130KAMember of a terrorist group
130LCriminal conspiracy
130MIntentional omission to give information relating to terrorist acts
Suppression of financing of terrorist acts
130NProviding or collecting property for terrorist acts
130OProviding services for terrorist purposes
130PArranging for retention or control of terrorist property
130QDealing with terrorist property
130QAAccepting gratification to facilitate or enable terrorist acts
130RIntentional omission to give information about terrorist property
130SIntentional omission to give information relating to terrorism financing offence
130TOffences by body corporate
130TANon-application of Offenders Compulsory Attendance Act 1954 and sections 173A, 293 and 294 of the Criminal Procedure Code
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What is the powers of arrest and detention under SOSMA?

Section 4  Power of arrest and detention (SOSMA)
 
(1) A police officer may, without warrant, arrest and detain any person whom he has reason to believe to be involved in security offences.

(2) A person arrested under subsection (1) shall be informed as soon as may be of the grounds of his arrest by the police officer making the arrest.

(3) No person shall be arrested and detained under this section solely for his political belief or political activity.

(4) The person arrested and detained under subsection (1) may be detained for a period of twenty-four hours for the purpose of investigation.

(5) Notwithstanding subsection (4), a police officer of or above the rank of Superintendent of Police may extend the period of detention for a period of not more than twenty-eight days, for the purpose of investigation.

(6) If the police officer is of the view that further detention is not necessary under subsection (5), the person may be released but an electronic monitoring device may be attached on the person in accordance with subsections (7) and (8) for the purpose of investigation.

(7) If the police officer intends to attach an electronic monitoring device on the person upon his release, he shall submit a report of the investigation to the Public Prosecutor.

(8) Upon receipt of the report under subsection (7), the Public Prosecutor may apply to the court for the person to be attached with an electronic monitoring device in accordance with the provisions in Part III for a period which shall not exceed the remainder of the period of detention allowed under subsection (5).

ILLUSTRATION
D is arrested for a security offence. After twenty-four hours of detention a Superintendent of Police extended his detention for another seven days. At the expiry of the seven-day period D was released but he was still needed to assist the investigation. Upon receipt of a report from the police officer, the Public Prosecutor may apply to the Court to attach an electronic monitoring device on D. The Court may allow the electronic monitoring device to be attached to D up to a period of twenty-one days.
(9) One week before the expiry of the period of detention under subsection (5), the police officer conducting the investigation shall submit the investigation papers to the Public Prosecutor.

(10) This section shall have effect notwithstanding anything inconsistent with Articles 5 and 9 of the Federal Constitution and section 117 of the Criminal Procedure Code [Act 593].

(11) Subsection (5) shall be reviewed every five years and shall cease to have effect unless, upon the review, a resolution is passed by both Houses of parliament to extend the period of operation of the provision.

(12) For the purpose of this section,"political belief or political activity" means engaging in a lawful activity through-

(a) the expression of an opinion or the pursuit of a course of action made according to the tenets of a political party that is at the relevant time registered under the Societies Act 1966 [Act 335] as evidenced by-
(i) membership of or contribution to that party; or
(ii) open and active participation in the affairs of that party;
(b) the expression of an opinion directed towards any Government in the Federation; or
(c) the pursuit of a course of action directed towards any Government in the Federation.
SOSMA - What are the different sections in this law?

 Section Index


Preamble
PART I   PRELIMINARY
1Short title and commencement
2Application
3Interpretation
PART II   SPECIAL POWERS FOR SECURITY OFFENCES
4Power of arrest and detention
5Notification to next-of-kin and consultation with legal practitioner
6Power to intercept communication
PART III   SPECIAL PROCEDURES RELATING TO ELECTRONIC MONITORING DEVICE
7Special procedures relating to electronic monitoring device
PART IV   SPECIAL PROCEDURES RELATING TO SENSITIVE INFORMATION
8Sensitive information to be used as evidence by the Public Prosecutor
9Notice of accused's intention to disclose sensitive information
10Hearing of the disclosure of sensitive information by the accused
11Sensitive information that arises during trial
PART V   TRIAL
12Trial of security offences
13Bail
PART VI   SPECIAL PROCEDURES RELATING TO PROTECTED WITNESS
14Evidence of witness given in a special manner
15Identification by witness where evidence is taken in camera
16Protection of witness' identity
PART VII   EVIDENCE
17Inconsistency with the Evidence Act 1950
18Statement by any person who is dead, etc.
19Conviction based on testimony of a child of tender years
20Documents seized during raid or in the course of investigation
21Evidence of identification of accused or other person
22Search list to be admissible as evidence
23Non-production of exhibit
24Admissibility of intercepted communication
25Admissibility of documents produced by computers and of statements contained therein
26Evidence of accomplice and agent provocateur
PART VIII   MISCELLANEOUS
27Power to record statements and confessions
28Protection of informer
29Access by police to detainees or prisoners
30Detention pending exhaustion of legal process
31Power to make regulations
32Repeal and savings
FIRST SCHEDULE
SECOND SCHEDULE



Siapa arahkan SOSMA digunakan untuk kes Maria? AG Apandi Ali kena nasihat kerajaan buat yang betul?

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Polis boleh menangkap dan menyiasat seorang yang disyaki melakukan satu kesalahan jenayah TETAPI POLIS juga tak perlu tangkap dan tahan seseorang untuk tujuan siasatan. Polis boleh juga memanggil seseorang dan seterusnya menemduga dan/atau ambil kenyataan seseorang untuk tujuan siasatan.





Jika seseorang yang disyaki ditangkap, tak perlu juga seseorang itu ditahan berterusan untuk tujuan siasatan -  sehingga terpaksa tinggal beberapa hari dalam lokap polis. Pemeriksaan oleh pegawai penyiasatan atau penglibatan seorang disyaki dalam proses penyiasatan tidak memerlukan kehadiran berterusan di dalam tahanan polis. 

Habis kerja siasatan dengan seorang yang disyaki pada hari ini, polis boleh suruh orang yang disyaki balik tetapi hadhir kembali pada masa yang ditentukan dalam beberapa jam atau keesokan hari untuk penyiasatan berterusan. Itu sebab ada peruntukan saperti 'jaminan polis' dengan penjamin, dll... jika diperlukan.


Mereka macam Jamal Yunos, Maria Chin Abdullah, Mandeep, Tian Chua dan lain-lain sepatutnya tidak ditahan terus oleh polis untuk tujuan penyiasatan. Habis saiasatan hari ini, bebaskan saja dengan arahan kembali besok di Balai jam 10 pagi tepat untuk penerusan siasatan - dimana saya percaya mereka pasti akan hadhir. Mereka bukan jenis akan cabut lari dan tak hadhir. Jika mereka ingkar arahan, dan tak kembali - barulah ada lojik mereka diTAHAN terus untuk tujuan penyiasatan. Budibicara polis dan pihak penyiasat mestilah digunakan secara munasabah. Jamal tak harus direman 4 hari, dan Maria tak harus ditahan gitu lama...mengunakan kaedah khas SOSMA.

SEORANG YANG DISYAKI BUKAN SEORANG YANG BERSALAH. Andaian undang-undang adalah bahawa seseorang itu dianggap tidak bersalah sehingga  dibuktikan salah di Mahkamah....'INNOCENT UNTIL PROVEN GUILTY'..

Maria Chin kini ditahan di bawahSOSMA - iaitu undang-undang yang membenarkan peraturan/kaedah khas digunakan oleh pihak polis apabila  seseorang disyaki melakukan jenayah keselamatan tertentu(atau security offences) tertentu. 

Harus disedari polis ada pilihan sama ada  mahu gunakan kaedah khas dalam SOSMA atau tidak, dan juga budibicara mahu gunakan peruntukkan/kaedah  mana dalam SOSMA(tak perlu guna semua kaedah khas dalam SOSMA) - SOSMA ada beberapa peruntukkan khas berkenaan penyiasatan, cara perjalanan  perbicaraan dan lain-lain. Berbanding dengan kaedah biasa yang digunakan dalam penyiasatan dan perbicaraan jenayah di Malaysia, kaedah khas dalam SOSMA adalah tidak adil - dan kebiasaan tidak akan digunakan langsung oleh pihak polis atau pihak pendakwaan...

Untuk memahami lebih apakah itu SOSMA, lihat pos sebelum ini... 

SOSMA - not the new ISA and no death penalty...Let's understand SOSMA better?


Siapakah yang memberikan arahkan kaedah khas SOSMA digunakan dalam kes Maria Chin dari BERSIH 2.0 membenarkan Maria terus dapat  ditahan polis lebih daripada 24 jam tanpa perlu mendapat perintah Magistret untuk tahan reman lagi lama? Kenapa sehingga kini ini disembunyikan?

Adakah yang berikan arahan ini Ketua Polis Negara? atau Ketua Polis Kuala Lumpur? Atau Pendakwa Raya? Atau Menteri Dalam Negeri Zahid Hamidi - di mana polis adalah dibawah Kementerian beliau?

ATAU adakah ini semua tindakan hanya seorang SP(Superintendent) bawahan, yang bertindak secara sendiri tanpa arahan/nasihat pegawai atasan, IGP, Menteri atau AG/Pendakwa Raya? Ini harus didedahkan sekarang - kerana Maria, keluarganya dan kita semua boleh merayu kepada pihak atasan untuk mungkin membatalkan arahan guna SOSMA ini yang nyata tidak wajar atau adil? 

Pegawai-Pegawai Kanan Polis

  1. Inspektor General Polis (IG)
  2. Deputi Inspektor General Polis (DIG)
  3. Komissioner Polis (CP)
  4. Senior Deputi Komisioner Polis (S/DCP)
  5. Deputi Komisioner Polis (DCP)
  6. Senior  Asisten Komisioner Polis (SAC)
  7. Asisten Komisioner Polis (ACP)
  8. Superintendan Polis (SUPT.)
Akta SOSMA memberi kuasa kepada polis berpangkat Superintendent of Polis atau berpangkat lebih tinggi... 
Seksyen 4(5) SOSMA -  Notwithstanding subsection (4), a police officer of or above the rank of Superintendent of Police may extend the period of detention for a period of not more than twenty-eight days, for the purpose of investigation.
Jika kesilapan pegawai polis pangkat rendah...senang pihak polis berpangkat lebih tinggi  atau AG/Public Prosecutor atau Menteri membetulkan keadaan ....

AG Appandi Ali adalah penasihat undang-undang kerajaan  - adakah nasihat diperolehi daripada Pendakwa Raya sebelum diarahkan kaedah khas SOSMA digunakan? 

Kuasa mengunakan kaedah khas dalam SOSMA harus tidak diberikan kepada pegawai polis berpangkat rendah sedemikian, untuk digunakan tanpa terlebih dahulu mendapat nasihat daripada pihak AG/Pendakwa Raya? Bukan sahaja ia akan mengakibatkan ketidakadilan tetapi juga ia akan memalukan kerajaan dan Malaysia...apabila SOSMA disalahgunakan?

MENGAPA SOSMA digunakan? Kerana Maria terlibat dalam menganjurkan perhimpunan aman BERSIH 5? - yang harus difahami adalah hak rakyat Malaysia... Pihak polis telah membenarkan BERSIH 5 terus berjalan - justeru penahanan terus Maria amat mencurigakan dan boleh dianggap mungkin ada 'agenda' lain... Maklumat ini juga sehingga kini tidak didedahkan oleh Zahid Hamidi (Menteri berkenaan) atau IGP atau AG...

Harus diingat bahawa Section 4(3) Akta SOSMA juga jelas sekali...
(3) No person shall be arrested and detained under this section solely for his political belief or political activity.

Di mana, seksyen 4(12) menjelaskan lagi 

(12) For the purpose of this section,"political belief or political activity" means engaging in a lawful activity through-


(a) the expression of an opinion or the pursuit of a course of action made according to the tenets of a political party that is at the relevant time registered under the Societies Act 1966 [Act 335] as evidenced by-
(i) membership of or contribution to that party; or
(ii) open and active participation in the affairs of that party;
(b) the expression of an opinion directed towards any Government in the Federation; or
(c) the pursuit of a course of action directed towards any Government in the Federation.
Justeru, SOSMA tidak boleh digunakan kerana BERSIH 5 - perhimpunan aman berasaskan pendapat/pendirian yang ditujukan terhadap kerajaan...

Jadi, harapan adalah bahawa AG atau IGP atau Menteri Zahid Hamidi atau Timbalan Perdana Menteri segera memberikan penjelasan...

Jangan kita biarkan kesilapan yang mengakibatkan ketidakadilan berlanjutan... 

Jamal dan Maria - kedua-dua adalah orang perseorangan yang menganjurkan aktiviti perhimpunan aman - layanan berbeda? Adakah berlaku DISKRIMINASI? Polis dan pihak berkuasa has tidak memilih pihak - setuju atau tak setuju mungkin pendirian peribadi tetapi itu tidak harus menjejaskan tugas profesional...

Apa yang diperlukan sekarang? 

Maria Chin harus segera dibebaskan daripada tahanan polis ...

SOSMA HARUS DIMANSUHKAN...  dan tidak lagi digunapakai di Malaysia.


GERAKAN out to 'silence' Malaysian Churches and Christians? GERAKAN's finds no wrong in Malaysia? in government? 1MDB?

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No religion condones injustice and violation of human rights - and no religion will ask its followers to stay out of the political, socio-cultural and economic life of their country.

As such, I was shocked that GERAKAN or was it just Andy Yong, a Gerakan Youth leader, who is confused, and wants churches not to mix 'religion with politics'. 

“Tell the politicians to grow up” Bishop Paul[Catholic bishop Bernard Paul] said. His posting sparked criticism from Parti Cinta Malaysia leader Huan Cheng Guan who urged the bishop to focus more on church matters rather than meddling into political matters irrelevant to religion...“Noise is normal, I have no problem even if they call me an idiot. To me, I have expected such a reaction. Religious life and normal life are not two lives, but only one life. We must walk the talk, if I walk one but talk the other, then I am a hypocrite." - see FMT report below
Peaceful rallies should be respected, albeit we may hold differing views. - Rev. Dr. Eu Hong Seng, Chairman and the Executive Committee, The Christian Federation of Malaysia

What does GERAKAN want of Christians, Muslims, Buddhist, Hindus and Sikhs of Malaysia? What does GERAKAN want of Churches, Mosques and Temples, who really are communities of believers in Malaysia? To sit quietly, indifferent to what is happening in Malaysia? Are we all just meant to pray and be only concerned about our own religious teachings and practices - and do not care and act for a better Malaysia where justice and human rights prosper. 

Well, we are also part of Malaysia, and we too have our freedom of expression, opinion and peaceful assemble - a certainly a duty to do the neded to put an end to all forms of injustice, abuses, corruption and kleptocracy... The effect of wrongdoing or failures in government will have an adverse impact on all people - look at the increasing cost of living, the removal of subsidies, the increase in tols, cost of healthcare ... all of which will affect the people especially the poor and the marginalised - and GERAKANs wants us to not bother and not do anything?

It is GERAKAN, that claims to a political party, that seems to have failed - they continue to be part of a questionable government - silent and loyal to the Prime Minister. Remember, by being silent and not taking a stand on alleged injustice and wrongs, GERAKAN is not a solution but a partner in the escalating problems in Malaysia. 

BERSIH 5 IS OVER. THE PEOPLE HAVE SPOKEN - WILL NAJIB AND THIS GOVERNMENT STILL IGNORE IT? WILL THE MEMBERS OF PARLIAMENT, WHO HAVE THE POWER TO REMOVE NAJIB AND APPOINT A NEW PM, KEEP QUITE? 

IF NAJIB LOSES THE SUPPORT OF THE MAJORITY OF MPs - no choice but to resign or dissolve Parliament and new elections...? BERSIH 41k, RED Shirts 4k - A Successful Call for Action, Accountability and Clean Government? MPs LISTEN?

GERAKAN should not be trying to suppress anyone or any group/institution from expressing themselves and doing the needful for a better Malaysia. 

The UMNO-BN government of Malaysia says that there is no problem linked with 1MDB and that the PM did nothing wrong with regard the billions in his personal account... BUT then investigations and even proceedings have commenced in other countries concerning 1MDB, MO1 and 'Kleptocracy'? GERAKAN stand is...?? Or is GERAKAN's stand what Najib says is the BN stand?

And to ensure problems like the 1MDB, etc do not recur, see the following blog post for some suggestions -1MDB? GLCs? WHAT CAN BE DONE by Federal/State governments to avoid 'kelptocracy' and abuses?

Now, GERAKAN is seen trying to stop Malaysian churches and its members from speaking out...GERAKAN has certainly changed a lot - at one time, it stood out in terms of values and principles even within the BN but alas now...???

Malaysian religions have a long history of standing up for justice and human rights. On the BERSIH 5, see below a statement by the Christian Federation of Malaysia, and also a news report about the stance of a Catholic Bishop. The Catholic Church has always taken positions and stands on human rights, political-socio-economic and cultural issues - but today other Churches, even other religious groups do speak out...and take action.

With regard to Christianity,...we follow the example of Jesus

Well, if we were to go back and look at the Jesus in the Gospels, and also the stories of the prophets and Judges of old testament in the Bible, we would know that Christianity or any religion is never 'isolated' from reality - the political, socio-cultural and economic reality. It is absurd for GERAKAN to even suggest churches and Christians to take no stance...and positions in matters of 'politics'?

Remember that Jesus, for his actions, was finally arrested and put to death by the 'government of the day'. He was very vocal - had many ceramahs and 'peaceful assemblies' - he bravely spoke out against injustices - identifying even those in power who failed in their duties... He certainly did not separate religion from politics, did he?

Palestine was at that time under the Roman Colonial power - and so, the Jewish authorities powers were limited - they could not impose the death penalty - hence they asked Pontius Pilate to crucify Jesus. Why did the Jewish authorities and Romans cause Jesus to be arrested, detained, whipped, tortured and finally crucified? Was it because he simply 'prayed' and isolated himself from the reality? Or was it because because he was outspoken about the bad things in his reality, fearlessly also identifying those responsible. 

Personally, if Jesus was in Malaysia today, I believe he would have most likely been there at BERSIH 5.0...and if the ISA was still there, he would likely be an ISA detainee..

What do you think is the reason why so many Malaysians came out and joined BERSIH 5.0? Did their own religious values and principles have nothing to do in their decision to come out and fight for clean and fair elections, clean governments, etc..

When we pray? Do we not pray for clean corrupt-free government, independent and fair judges, etc...But remember, Jesus demands of us to also ACT - not just pray or talk...

Are Christians not expected to follow the example of Jesus? - well, Jesus was very outspoken on injustices around him...he certainly organised a lot of peaceful assemblies...Jesus not only challenged the local Jewish authorities...but also the Romans..He challenged prejudices and discrimination...that existed.

Well, in the past some Churches and their leaders may have remained quite for a long time - BUT that mainly may have been because of FEAR, OR the worry of repercussions from the State which may result in loss of property, etc - but that is in the past..for many.

Looking at Jesus and the Bible - the demand for Christians is fight for what is right irrespective of what the risk is. Jesus lost his life - so did his cousin, John. A perusal of the Bible will see that was the end result of many of the prophets and even disciples of Jesus...and many who were called were afraid, but then the fear was overcome and they acted..

Woe to you, teachers of the law and Pharisees, you hypocrites! You are like whitewashed tombs, which look beautiful on the outside but on the inside are full of the bones of the dead and everything unclean. In the same way, on the outside you appear to people as righteous but on the inside you are full of hypocrisy and wickedness.
Matthew 23:27-28
For your information, Jesus's approach was generally peaceful but at times he also did resort to violence - 
After making a whip out of cords, he drove all of them out of the Temple, including the sheep and the cattle. He scattered the coins of the moneychangers and knocked over their tables. - John 2:15
In any event, religions in any country, cannot selfishly sit by concerned only with 'self survival' of their churches/temples/mosques - indifferent to all the wrongdoings happening around them...
Sadly, in my opinion, GERAKAN and many of the other BN component parties, have been possibly influenced by 'FEAR', 'POSSIBLE LOSS OF 'POWER' AND 'BENEFITS',... to stand up for the people of Malaysia and for justice and human rights. 

Now, Gerakan hopes to get others like Churches to follow its 'good example' and do not speak out especially against Najib and the UMNO-BN government? Shame on you GERAKAN...or maybe, it really is just one Gerakan leader's view? 

GERAKAN NEED TO ACT NOW ... IT NEEDS TO REVIEW ITS VALUES AND PRINCIPLES AND DO THE RIGHT THING..

Church no place to invoke Bersih, preaches Gerakan Youth   

Published     Updated

A Gerakan Youth leader has reminded churches that joined the call to attend Bersih 5 last week not to mix religion with politics.

"Last weekend we saw some churches holding their masses and services before the rally by having the believers conspicuously supporting one side of the protest.

"Many of them wore the particular colour of shirts to show support in the church.

"An archbishop who joined the rally also encouraged his followers to do the same," said Gerakan Deputy Youth chief Andy Yong.

"The archbishop is, of course, free to make a decision if it involves church matters, but to use the sacraments to encourage support or affiliation to certain political agendas is not appropriate.

"He should consider whether he risks fuelling the anger sentiment towards others with different faith and political support. He must consider the consequences of his actions," Yong said in a statement today.

While he is not advocating that persons who are religious should be excluded from government affairs or that they influence others to do the same, there is a matter of "sensitivity" to be considered, he said.

"We cannot use religious tenets as a justification for our support in government or politics.

"History has provided ample proof that when religion is mixed with government or political affairs, it
will cause serious problems and lead to violence," Yong said.

No to religious supremacy
He said politicians should not declare that their religion is "superior to others, or that their religion is more authentic, or that their opponents’ faith is less sincere or significant".
He added: "There should be, no hierarchy of faith for political purposes in Malaysia. Rhetoric such as that used by PAS to pressure Muslims to support hudud has no place in our civic multi-religious life.

"The separation of religion and political ideologies or government support is essential in our civil liberties. Politics and religion must not mix."

Despite threats by anti-Bersih forces over the past weeks, the Bersih 5 rally saw at least 40,000 people march through the streets of Kuala Lumpur last Saturday, demanding electoral and democratic reforms.

The rally concluded peacefully. - Malaysiakini, 21/11/2016





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CHRISTIAN FEDERATION OF MALAYSIA
PERSEKUTUAN KRISTIAN MALAYSIA
(PPM-003-10-14011986)
Address : 26 Jalan Universiti, 46200 Petaling Jaya, Sel
angor Darul Ehsan, Malaysia
Telephone / Fax : + 60 3 7957 1457
Email:
cfmsia@yahoo.co.uk

11th November 2016
CFM MEDIA STATEMENT 

PRAY FOR A NATION IN CRISIS
 
The Christian Federation of Malaysia (CFM) reminds the Church we are mandated to pray for our nation as we witness escalating tensions in our beloved land.
Guided by our ethos to “act justly, love mercy and to walk humbly with your God” (Micah 6:8), the CFM (as the umbrella organisation for  Malaysian  Christians) offers the following perspectives from our role  guided by our conscience and responsibility to the nation: 

• Threats of violence have been unabated for weeks, and protests and actual violence have occurred around the nation, with even more promised. Peaceful rallies should be respected, albeit we may hold differing views. Perpetrators of violence should not be emboldened by the inaction of authorities who have been mandated to maintain peace in our nation.

• We Malaysians look to our government and its agents who serve to protect all citizens to take action to curtail this escalating and potentially incendiary situation where even ‘a blood bath’ has been part of the threats without restricting peaceful assemblies, rallies and gatherings.

Parliament should take steps to chide Members of Parliament who defend such threats to the peace and stability of our nation. And respective constituencies should be reminded of the position and conduct of these representatives at the next general election

•There are individual Malaysians, civil society organisations and the media who are being harassed, some are receiving death threats and even investigated for mere allegations - to the extent that the non-partisan International Commission of Jurists (ICJ) has called on our authorities to conduct a thorough and impartial investigation into unlawful acts of intimidation against Malaysians and identifying and bringing to account those responsible.

The CFM
- urges all investigations into donations, funding and grants to be carried out thoroughly without fear or favour. Selective action not only serves to encourage further criminal activity but it brings further shame to our nation; 

- calls upon all citizens, government officials and Members of Parliament to fiercely defend democracy and the fundamental freedoms guaranteed therein under the Federal Constitution; 

- hopes that our media remains independent and unfettered in reporting. As a nation which seeks to attain developed nation status, this journey surely must include nurturing a mature and unencumbered press which can be a source for both those in authority and citizens, to articulate clarification, praise, concerns and grievances. 

We call on all Malaysians to play their role in keeping the peace of our nation without curtailing our rights or jeopardising our safety and stability.

Most of all, the CFM calls upon all Malaysians to join us in praying for our beloved nation.

Rev. Dr. Eu Hong Seng,
Chairman and the Executive Committee, The Christian Federation of Malaysia
Source: -https://archkl.org/index.php/parish-resources/announcements-news/857-11th-nov-cfm-media-statement-pray-for-a-nation-in-crisis  

Bishop: Everyone’s right to attend Bersih 5

 | October 22, 2016 
Catholic Bishop remains unfazed by political criticism after urging Malaysians to take part and 'reclaim the country' from destructive leaders.

Bersih 5

PETALING JAYA: After attending the Bersih 4 rally last year, Catholic bishop Bernard Paul intends to take to the streets of Kuala Lumpur for Bersih 5, to be held on November 19.

In an online posting, Bishop Paul urged Malaysians to take part in the rally and “to claim [Malaysia] back from destructive leaders”.

Bishop Paul, who is head of the Catholic Church’s Malacca-Johor diocese, said that taking part in Bersih was a citizen’s right and not a matter of party politics, not of supporting BN nor the divisive opposition.

“Tell the politicians to grow up” Bishop Paul said. His posting sparked criticism from Parti Cinta Malaysia leader Huan Cheng Guan who urged the bishop to focus more on church matters rather than meddling into political matters irrelevant to religion.

The bishop said he had three reasons for wishing to attend the rally, according to a news report.

First, to express solidarity with Malaysians trying to make the country a better place. “There are people putting their lives (on the line) for it. Bersih 5 convoy (supporters) were beaten and the law seems to be double standard. I also want to be one (good Malaysian), I feel I must support them and get my people to support them. I want a better Malaysia,” he was quoted as telling Malaysiakini.

Second, for the community to speak up instead of remaining passive. “We must make people realise that they must do something to contribute to a better Malaysia.

“Lastly, I have had a good many people in the church and beyond, enquiring about the right thing to do.

As a bishop, I am a teacher and I have to teach the truth. The right thing to do. So it was a teaching to work with all peoples on the betterment of our nation and world,” he said.

According to Malaysiakini, the bishop was unfazed by the criticism he had received. Huan had said that a religious figure should not encourage demonstrations or rallies and had labelled the bishop as an “idiot”.

“Noise is normal, I have no problem even if they call me an idiot. To me, I have expected such a reaction. Religious life and normal life are not two lives, but only one life. We must walk the talk, if I walk one but talk the other, then I am a hypocrite.

“The politicians said (I am) mixing (religion) with politics. No! I am teaching the people to work with other people and religion. We are trying to make Malaysia better, is it wrong?” he was reported as saying. - FMT News, 22/10/2016

Malaysia: Drop Charges and Release Bersih Organizers and Supporters

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Maria was arrested on 18/11/2016 allegedly under
and, thereafter we were informed that SOSMA special procedures/measures will be used, as opposed to the normal Criminal procedure which requires Magistrate's order for further remand beyond 24 hours for the purposes of investigation. Under SOSMA, person can be detained for a period up to 28 days without any need to get a remand order from the Magistrate. See following post for better understanding of SOSMA...SOSMA - not the new ISA and no death penalty...Let's understand SOSMA better?


See below a media statement by several organisations...

 

Malaysia: Drop Charges and Release Bersih Organizers and Supporters

 
(Kuala Lumpur, November 21, 2016)—The Asian Forum for Human Rights and Development (FORUM-ASIA), Asia Pacific Forum on Women, Law and Development (APWLD), Fortify Rights, Human Rights Watch, the International Commission of Jurists (ICJ), and Southeast Asian Press Alliance (SEAPA), acting as international observers of the Bersih 5 rallies and related events, are calling on the Malaysian authorities to drop all charges against the Bersih organizers and activists. The authorities should return all items confiscated from the Bersih offices and stop making further arbitrary arrests in connection with these events. We consider these arrests to be violations of the rights to freedom of expression, peaceful assembly and association.

The Coalition for Clean and Fair Elections (or in Malay “Gabungan Pilihanraya Bersih dan Adil”), otherwise known as Bersih (which means “clean” in Malay), is a coalition formed in 2006 by Malaysian non-governmental organisations calling for free, clean, and fair elections. Since its founding, Bersih has organized four previous peaceful assemblies. These public assemblies have attracted support from thousands of Malaysians throughout the country and among Malaysians living abroad.  In the past year, Bersih faced harassment from multiple sources, including the Malaysian Government, which has leveled charges against Bersih and its chair Maria Chin Abdullah for organizing and participating in peaceful activities.

To date, four Bersih organizing committee members and more than 20 pro-Bersih supporters are currently facing a range of criminal charges, including under Section 124(c), 147, 153 and 511 of the Penal Code and the Sedition Act. The arrests were made in the lead up to and after the Bersih 5 rallies that took place on November 19, 2016 in Kuala Lumpur and other locations in Malaysia.

In the afternoon of 18 November 2016, the day before the rally, Malaysian authorities raided the office of Bersih and arrested its chair Maria Chin Abdullah and secretariat manager Mandeep Singh. Members of the international observers’ team witnessed the raid, which took place over several hours and included the confiscation of computers, office equipment, and documents, including financial and payroll records.

Maria Chin Abdullah was arrested and detained on November 18 under the Security Offenses Special Measures Act 2012 (SOSMA). Her lawyer has confirmed that she will be detained for the full 28 days allowed under SOSMA. This is the first case where government authorities used SOSMA against a civil society representative. If convicted, she faces up to 15 years’ imprisonment. Maria Chin Abdullah is currently being held in an undisclosed detention center in solitary confinement. She was reportedly denied access to her lawyers and family during the first 48 hours of her detention. Her lawyers later on reported that Maria Chin Abdullah is being kept in a 15 feet by 8 feet windowless cell with no bed, concrete floors, and with two light bulbs kept on for 24 hours a day.

The observers are alarmed at the conditions of detention of Maria Chin Abdullah and the use of SOSMA to detain her. We call on the government of Malaysia to release her immediately. We believe that SOSMA is a law that violates human rights as it allows incommunicado detention for up to 48 hours, and detention without charge or judicial review for up to 28 days. We strongly urge the government of Malaysia to repeal SOSMA or substantially amend it so that it would be in compliance with international law and standards. During debates in Parliament considering passage of SOSMA, the government asserted that the purpose of this law is to protect peoples’ security, however, the authorities are instead using it to prevent the exercise of fundamental human rights, constituting an abuse of law.

At least 14 other pro-Bersih supporters were arrested on the day of the rally and on the days following. Many of those arrested were released after 48 hours but according to Bersih organizers, they expect authorities to undertake more arbitrary arrests in the next few weeks.

Malaysian authorities also arrested six members of the anti-Bersih “red-shirt” and “black shirt” groups. Among those arrested were Jamal Yunos and Ariffin Abu Bakar, leaders of the red shirts and black shirts, respectively. These anti-Bersih groups allegedly threatened and carried out physical assaults and attacks on members of the Bersih organizing committee, pro-Bersih supporters, and journalists in the weeks leading up to the day of the public assembly. While there was concern of potential attacks by these groups during the day of the public assembly, the team of international observers saw little presence of these groups and did not witness any major incidents.

These arrests violate international human rights standards. The Malaysia government should release all those arrested in connection with the Bersih 5 rallies immediately.

The UN Special Rapporteur on the right to freedom of peaceful assembly and association, Maina Kiai, also said in a statement on the arrests prior to the peaceful assembly that they are a “pre-emptive restriction of assembly rights.”

Despite the arbitrary arrests and pattern of harassment committed by the Malaysian authorities against the Bersih organizers, the international team of observers noted the overall peaceful nature of the Bersih 5 gatherings. Tens of thousands of Malaysians gathered at rallying points across Kuala Lumpur on the day of the rally. Several hundred pro-Bersih supporters also gathered in Kuching, Malaysia. The international team of observers noted the vigorous efforts on the part of the organizers of the rally to maintain peace and security throughout the day.

The international team of observers also saw the blockades set up by Malaysian authorities meant to prevent protesters from accessing the designated converging point, Dataran Merdeka (Independence Square). The observers witnessed the deployment of significant numbers of security forces at various locations along the planned route going to Dataran Merdeka. In some areas, authorities set up water cannons aimed at approaching Bersih protesters. The authorities also completely cordoned off access to the Dataran Merdeka.

The observers believe that these blockades posed an unwarranted interference on the participants’ right to peaceful assembly. We remind the Malaysian government that the UN Human Rights Council, in a 2013 resolution, urged States to “facilitate peaceful protests by providing protesters with access to public space and protecting them, where necessary, against any form of threat.” (UN Doc. A/HRC/22/L.10, para. 3, 18 March 2013)

The right to freedom of peaceful assembly is protected under international human rights law and standards, including Article 20 of the Universal Declaration of Human Rights. International law permits state authorities to restrict peaceful assemblies only where circumstances make it strictly necessary for limited purposes, and when certain specific conditions are met. The observer mission considers that none of these conditions apply or were present in the case of the Bersih rally.

The observers remind Malaysia of its obligation to protect the rights to freedom of peaceful assembly and expression in accordance with its constitution and international human rights law.  The authorities should ensure future peaceful assemblies take place without undue interference.

We call on Malaysia to drop all charges against Bersih members and supporters and release all those detained immediately. All equipment confiscated as part of the unwarranted raid on Bersih’s office on November 18 should be immediately returned.

Finally, the observes noted and benefitted from sharing observations in the field with monitors from the Malaysian Bar Council, was also on hand to monitor and provide legal assistance if necessary, as well as the four commissioners and staff of the National Human Rights Commission (SUHAKAM) who were also monitoring the rallies.

Signed:

The Asian Forum for Human Rights and Development (FORUM-ASIA) Contact Pimsiri Petchnamrob, East Asia Programme Officer,pimsiri@forum-asia.org

Asia Pacific Forum on Women, Law and Development (APWLD). Contact Sanam Amin, Programme Officer, +66-95-853-7960, sanam@apwld.org

Fortify Rights. Contact Amy Smith, Executive Director, +601-12-359-7926, amy.smith@FortifyRights.org, Twitter @AmyAlexSmith

Human Rights Watch (HRW). Contact Phil Robertson, Deputy Asia Director, +66-85- 060-8406, RobertP@hrw.org, Twitter @Reaproy

International Commission of Jurists (ICJ). Contact Emerlynne Gil ICJ’s Senior International Legal Adviser for Southeast Asia, +66-84-092-3575; emerlynne.gil(a)icj.org

Southeast Asian Press Alliance (SEAPA). Contact Kathryn Raymundo,kathryn@seapa.org
 

Unacceptable use of Sosma against Maria — SUHAKAM(Malaysian HR Commission)

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Unacceptable use of Sosma against Maria — Suhakam

Monday November 21, 2016
03:05 PM GMT+8
NOVEMBER 21 — The Human Rights Commission of Malaysia (Suhakam) wishes to underline its opposition to the use of the Security Offences (Special Measures) Act 2012 (Sosma), which it has objected to in the past.

Suhakam reiterates that the broad characterisation of “security offences” under Sosma now suggests that its ambit extends beyond terrorism offences.

The application of the Sosma to Maria Chin where she has been detained without charge and without trial in this instance, and her wellbeing and welfare unknown, cannot be accepted by a society that has a national conscience.

The government’s assurance in 2011 promised that “no individual will be arrested merely on the point of political ideology.” In Suhakam’s view, the preventive detention of Maria Chin is a misuse of the law, an abuse of the legal system and of law enforcement.

Suhakam advises the government to interpret in good faith and in accordance with their ordinary meaning, the laws in their context and in the light of their object and purpose.

Suhakam would like to see a situation where the overemphasis by the authorities on restrictions to the right to freedom of assembly is replaced by efforts to facilitate the right.

* Press statement from Tan Sri Razali Ismail, chairman of the Human Rights Commission of Malaysia (Suhakam) on November 21, 2016.

** This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail Online.

- Malay Mail, 21/11/2016

SUHAKAM must immediately visit the place where Maria Chin is being detained..? They have the power to do this..

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SUHAKAM(Malaysian Human Rights Commission) has the power under the HUMAN RIGHTS COMMISSION OF MALAYSIA ACT 1999, Section 4(2)(d) to visit places of detention in accordance with procedures as prescribed by the laws relating to the places of detention and to make necessary recommendations;

And, when the HR Commissioner visits, which is always best to be a 'surprise' visit with no prior notice to prevent any 'sudden improvements' by the detaining authority. And, now when the HR Commissioner/s turn up at the place of detention, the person in charge CANNOT refuse entry...This is provided for in Section 4(3), which states, '(3) The visit by the Commission to any place of detention under paragraph (2)(d)shall not be refused by the person in charge of such place of detention if the procedures provided in the laws regulating such places of detention are complied with.

These visits are very important considering the number of allegations concerning the conditions of places of detentions, the allegations of torture, death in custody, etc..and these visits need to be done on a regular basis - especially police lock-ups..

Now, with BERSIH's Maria Chin being held in police custody under the special measures provided for in SOSMA, and there has been allegations made about the conditions of detention - which really seem to be not in compliance with law and best human rights standards...

...Maria Chin Abdullah is currently being held in an undisclosed detention center in solitary confinement. She was reportedly denied access to her lawyers and family during the first 48 hours of her detention. Her lawyers later on reported that Maria Chin Abdullah is being kept in a 15 feet by 8 feet windowless cell with no bed, concrete floors, and with two light bulbs kept on for 24 hours a day....Extract from the Joint Statement issued by the International Commission of Jurists(ICJ), Human Rights Watch(HRW), Asia Pacific Forum on Women, Law and Development (APWLD), Fortify Rights, Forum Asia and SEAPA dated 21/11/2016 [See Malaysia: Drop Charges and Release Bersih Organizers and Supporters
As such, it is of utmost importance that SUHAKAM Commissioner/s, using the powers provided for under section 4(2)(d) do immediately make a surprise visit to the place where Maria Chin is currently being detained. The police will not be able to deny immediate access to SUHAKAM...

Solitary confinement in a room where the lights are permanently on seems to be torture...and, I believe, it may be considered may be contrary to Malaysian law and human rights standards...

Denial of access to a lawyer may be also a violation of human rights and the law... 

Please, SUHAKAM NEEDS TO ACT FAST...



 

 
 

 


HUMAN RIGHTS COMMISSION OF MALAYSIA ACT 1999

4  Functions and powers of the Commission.

(1) In furtherance of the protection and promotion of human rights in Malaysia, the functions of the Commission shall be-
(a) to promote awareness of and provide education in relation to human rights;
(b) to advise and assist the Government in formulating legislation and administrative directives and procedures and recommend the necessary measures to be taken;
(c) to recommend to the Government with regard to the subscription or accession of treaties and other international instruments in the field of human rights; and
(d) to inquire into complaints regarding infringements of human rights referred to in section 12.
(2) For the purpose of discharging its functions, the Commission may exercise any or all of the following powers:
(a) to promote awareness of human rights and to undertake research by conducting programmes, seminars and workshops and to disseminate and distribute the results of such research;
(b) to advise the Government and/or the relevant authorities of complaints against such authorities and recommend to the Government and/or such authorities appropriate measures to be taken;
(c) to study and verify any infringement of human rights in accordance with the provisions of this Act;
(d) to visit places of detention in accordance with procedures as prescribed by the laws relating to the places of detention and to make necessary recommendations;
(e) to issue public statements on human rights as and when necessary; and
(f) to undertake any other appropriate activities as are necessary in accordance with the written laws in force, if any, in relation to such activities.
(3) The visit by the Commission to any place of detention under paragraph (2)(d) shall not be refused by the person in charge of such place of detention if the procedures provided in the laws regulating such places of detention are complied with.

(4) For the purpose of this Act, regard shall be had to the Universal Declaration of Human Rights 1948 to the extent that it is not inconsistent with the Federal Constitution.

MTUC dan pergerakkan pekerja di Malaysia boleh belajar cara perjuangan dari BERSIH 5? 14 juta lebih pekerja?

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Haruskah MTUC dan Kesatuan Sekerja di Malaysia belajar daripada cara perjuangan BERSIH 5...yang mungkin boleh digunakan untuk isu pekerja? Sifat Kesatuan adalah kepimpinan berjuang sendiri(tak melibatkan ahli), tak melibatkan orang lain...cara kini bukan cara perjuangan tetapi lebih kepada cara 'buat aduan' - apa-apa pi mengadu kepada Jabatan Kerajaan berkenaan...

Cara BERSIH sebaliknya adalah untuk pergi kempen mendapat sokongan daripada rakyat Malaysia seluruh negara (dan juga di luar negara) di mana akhirnya memuncak dengan BERSIH 5, yang membawa lebih kurang 60,000 - 100,000(Jumlah tertinggi semasa adalah lebih kurang 40,000)...Selepas itu, bila Maria ditangkap dan ditahan polis, terus protest setiap malam di Dataran Merdeka (lebih kurang 400-500), di hadapan Balai dan dibeberapa tempat seluruh Malaysia - Petition Online - yang sehingga kini melebihi 25,000 tanda tangan...

Ada lebih kurang 14 juta pekerja, MTUC dan Kesatuan Sekerja ada kemampuan berjuang sebegini jika mahu...Apakah pencapaian MTUC dan Kesatuan di Malaysian ...mungkin hanya satu, iaitu Gaji Minima tetapi pada masa yang sama banyak hak telah hilang...

MTUC akhirnya menjelaskan pendiriannya membantah TPPA

From the beginning, Malaysian Trades Union Congress (MTUC) has pointed its opposition towards the TPPA. MTUC believes that the TPPA would bring more negative implications on the interest of Malaysia, to our people especially workers.
Kelemahan MTUC dan semua Kesatuan Sekerja di Malaysia, khususnya Kesatuan Sekerja Nasional, Negeri dan Kawasan adalah kegagalannya berjuang secara terbuka untuk kepentingan pekerja di Malaysia...



Pekerja ahli kesatuan pun selalu tertanya-tanya apa yang Kesatuan mereka ini melakukan untuk mereka -  Kebanyakkan kesatuan besar serta MTUC tidak pun mempunyai sistem komunikasi terus kepada pekerja - mereka tidak ada surat khabar atau majalah. Mereka tak ada e-group mengaitan semua pekerja ahli kesatuan sekerja pun...Mereka tidak ada pun laman web atau Blog (jika ada pun jarang update dengan posting atau maklumat baru)..

Kepimpinan kebanyakkan kesatuan ini seolah-olah mahu merahsiakan pendapat dan apa yang mereka buat daripada ahli Kesatuan...Mengapa? Adakah sebabnya? Adakah ini kerana mereka sebenarnya tidak melakukan apa-apa...ya, mereka mungkin pergi mesyuarat berjumpa Menteri, pegawai di Kementerian, Jabatan Buruh, dll - tapi persoalan adalah jumpa dan buat apa-apa - adakah apa-apa tuntutan dibuat? Atau pi saja minum teh dan berbual kosong saja... 

Yang pasti semua pemimpin Kesatuan Sekerja membuat adalah mengadakan rundingan dan membuat Perjanjian Bersama [Collective Bargaining Agreement] di antara majikan dan Union - tetapi jika diteliti banyak CBA ini, ada banyak kekurangan atau kesalahan...

Contohnya, bila 18 pekerja anak syarikat DRB Hicom di buang kerja...di dapati bahawa Perjanjian CBA ada banyak kekurangan...

1 - Hak pekerja diwakili wakil Kesatuan dalam CBA hanya diberikan kepada wakil kesatuan yang kerja dalam syarikat/kilang berkenaan - persoalannya, ini National Union - kenapa tidak ada peruntukkan yang pekerja boleh diwakili oleh mana-mana wakil Union Kebangsaan tak perlu orang yang kerja disyarikat itu saja. Jika Kesatuan Dalaman, boleh faham. Justeru, ini kesilapan besar yang dilakukan oleh National Union...

2 -   Pekerja ini dituduh melakukan kesalahan kerja bukan di tempat kerja - tetapi dalam aktiviti luar masa kerja. Pekerja ini, atas arahan MTUC, telah pergi menghantar memorandum minta calaun bertanding PRU memberikan komitmen kepada hak pekerja. Apa yang boleh menjadi 'salah laku kerja' bukan ditetapkan oleh majikan sahaja - tetapi harus dipersetujui oleh majikan dan pekerja. Bila ada Kesatuan, sebuah salahlaku kerja yang disenaraikan serta hukuman jika didapati bersalah harus dipersetujui Kesatuan dan Majikan. Tetapi, jika Kesatuan malas...dan menuntut ini...atau terima saja semua keslahan kerja dalam 'handbook' majikan, pekerja yang akhirnya menjadi mangsa kerana kelalaian Kesatuan...Bila dah kena...tak boleh buat apa-apa?

3 - Ya, kebanyakkan Kesatuan buat sahaja CBA dan fokus utama kebiasaan adalah kadar kenaikkan gaji, bonus, elaun ---dan lain-lain perkara mengenai hak tidak diambil kira. Biasa Kesatuan melantik peguam, ada yang dibayar sampai RM100 ribu lebih...Peguam biasa buat apa yang diarahkan...yang bersalah adalah kepimpinan Union...(Adakah Union mengadakan perbincangan dengan ahli dan buat keputusan bersama?)

4 - 18 pekerja ahli Kesatuan Kebangsaan dibuang kerja - tak ada pun piket atau protes di peringkat kilang perkenaan oleh pekerja ahli Union yang lain - tak ada juga protes atau kempen di kalangan semua ahli di semua tempat di mana National Union itu berada? Akhirnya ada protes di Putrajaya - itu pun pekerja dibuang kerja bersama keluarga mereka...Adakah ini cara Kesatuan Sekerja? Lihat Maria Chin di tahan polis - beratusan orang protes malam-malam di Dataran Merdeka - ada juga protes depan balai...Berbanding dengan keadaan bila 18 pekerja dibuang itu...tak ada pun protes..sama juga bila ribuan pekerja MAS dibuang - ada Kesatuan tapi tak ada protes..

JUSTERU - pekerja kena bangun...pemimpin cara lama kena buang - kepimpinan baru diperlukan - cara lawan baru diperlukan - Pengajaran boleh diperolehi daripada cara BERSIH berjuang...Ada banyak isu pekerja - tapi sehingga hari ini, MTUC berserta Kesatuan tidak pun mengambil initiatif anjurjan Himpunan Pekerja secara besar-besaran...Bila menganjurkan perhimpunan Hari Pekerja - semua Kesatuan tak mampu membawa 10,000 daripada 14 juta pekerja berhimpun...[Tahun ini, dengar hanya kurang 500 walaupun ia dirasmikan oleh MB Selangor sendiri...]
 
Adakah MTUC telah berjuang untuk hak pekerja - pindaan kepada undang-undang...

Nampaknya, kalau bukan kerana Amerika - kerajaan Malaysia tidak pun akan meminda Undang-undang pekerja 

Sepatutnya pemindaan undang-undang memberikan lebih hak kepada pekerja dan Kesatuan datang daripada hasil usaha perjuangan pekerja dan Kesatuan, bersama semua rakyat, tetapi ini telah tidak berlaku di Malaysia...

Ada yang mungkin dalam MTUC akan mengatakan bahawa mereka sebenarnya yang mula-mula berjuang untuk semua ini - tetapi mana bukti? Tak ada apa-apa dalam Laman Web atau Bulletin MTUC sebelum ini...tak ada pun kenyataan lama...

Jadi gambarannya, USA telah berjuang - kini MTUC dan mungkin Kesatuan Kebangsaan lain(kebanyakkan ahli MTUC) akan cuba berjuang agar apa yang dituntut Amerika dan disetujui Malaysia diberikan...
[Mengapa Amerika beria-ia sangat mahu cuba pastikan pekerja dan kesatuan Malaysia ada hak lebih - Ini kerana di Amerika ada undang-undang menghalang Amerika memasuki apa-apa perjanjian dengan negara yang tidak menghormati hak asasi termasuk hak pekerja. Jadi, US terpaksa memaksa Malaysia buat undang-undang dipinda supaya boleh mereka menandatangani TPPA dengan Malaysia - Ada niat di sebalik tindakan US itu...]

Kini, MTUC mahu Akta-akta berkenaan dipinda sapertimana terkandung dalam perjanjian di antara Amerika dan Malaysia...

MTUC juga nampaknya kini mahu TPPA diteruskan - walaupun dulu membantah TPPA...kini ada kerisauan bahawa Presiden akan datang, Trump, mungkin akan menarik diri dari TPPA...NASIB BAIK MTUC JELASKAN BAHAWA MTUC MASIH MEMBANTAH TPPA]

MTUC mesti kembali kepada pendirian awal mereka mengenai TPPA - dan terus menuntut Malaysia menarik diri daripada TPPA...

Untuk hak pekerja dan pindaan undang-undang yang perlu, MTUC(serta Kesatuan Nasional dan kesatuan yang lain) harus berjuang bersama 
- SEMUA Pekerja 
- SEMUA Kesatuan(hanya lebih kurang 30% kesatuan kini ahli MTUC) termasuk Kesatuan Global
- SEMUA NGO/Kumpulan di Malaysia dan luar negara....
- SEMUA rakyat malaysia dan global...
- SEMUA yang boleh membantu...

Tabiat bertindak SENDIRI dan secara 'RAHSIA'...dan dengan tidak melibatkan semua pekerja mesti berakhir...

FOKUS diperlukan dalam perjuangan mana-mana hak....MTUC (dan Kesatuan Sekerja) kadang-kadang tak ada fokus (ATAU hanya fokus jangka pendek). Sebagai contoh, apa terjadi kepada kempen membantah sistem 'contractor for labour'... masih lagi wujud... tapi kempen macam sudah dilupakan...

MTUC dan kepimpinan kesatuan mesti berhenti bertindak sebagai 'kroni'/sahabat kerajaan - tak mahu bertindak keras..hanya mahu senyum dan ikut cara lembut....[Itu nyata tak berjaya...kini ramai tak tahu apa yang MTUC mahukan demi pekerja ...kalau tahu, bolehlah orang sokong - dan tekanan diberikan untuk memastikan ada progress ke arah mencapai hak...] MP dan Senator pun tak tahu - tak boleh pun mereka desak kerajaan ...hanya Abdullah Sani(pemangku Presiden MTUC) yang tahu - tapi jelas dia kena bertambah berkesan...

KUALITI pemimpin Kesatuan juga perlu ditambahbaik--- 

Ada orang kata - buang yang keruh ambil yang jernih...tetapi siapa pengantinya? Jika diperhatikan, masalah sama kini di kalangan semua pemimpin Kesatuan-kesatuan...

NUBE - dari pemantauan saya, NUBE memang aktif dahulu - kerap membuat protes, piket dan kenyataan mengenai isu ahli walaupun seorang ahli yang ditindas. Mereka mengunakan beranika cara - YouTube, media sosial dan beranika jenis cara ...tetapi kini nampaknya sudah kurang...selepas kes pembuangan kerja Solomon gagal diperingkat Mahkamah tertinggi..tetapi NUBE masih aktif di FB dan ...

CUEPACS - ia nampaknya pandai berkempen sehingga kerajaan majikan mereka telah juga memberikan mereka gaji minina RM1,200 (berbanding dengan pekerja lain hanya RM1,000) - dapat juga mereka pinjaman kerajaan yang lebih dan banyak perkara lain...mungkinkah kita perlukan mereka dari CUEPACs dan Kesatuan Pekerja Kerajaan tampil ke hadapan menjadi pemimpin MTUC - mungkin pekerja lain juga akan beruntung dari segi hak?

NUFAM - ia juga merupakan Union yang banyak bersuara dan aktif...tetapi tak tahu sehingga kini, permohonan mereka untuk menjadi ahli diterima - yang saya tahu apabila memohon jadi ahli MTUC, permohonan ditolak...

Masalah kini, adalah pemilihan MTUC 3 tahun sekali...mungkin perlu dijadikan setiap tahun...Selepasdilantik, tahun 1 dan 2 relaks...dekat nak ada PRU aktif lebih...? Ada juga kenyataan dari MTUC Penang mengesa MTUC bantah SOSMA (mungkin calun...) - 

Condemn Sosma less be deemed 'eunuchs', MTUC told

Malaysiakini (subscription)-9 hours ago
Penang Malaysian Trade Union Congress (MTUC) secretary K Veeriah has called on the union's national delegates to condemn the Security ...

Mungkin, tempuh menjadi pemimpin MTUC(Kesatuan) dihadkan kepada 2 penggal sahaja ...Orang sama duduk kerusi pemimpin akan menyekat pembangunan pertubuhan. [Malaysian Bar, setiap tahun ada pemilihan pemimpin dan seorang Presiden hanya boleh jadi Presiden maksima 2 penggal berturut-turut - bukan dalam Perlembagaan tetapi diterima saja sebagai apa yang sepatutnya...]

MTUC - berapa Kesatuan baru yang menjadi ahli - sepatutnya ahlinya sudah sampai lebih kurang 75% Kesatuan Sekerja yang wujud...

Hanya lebih kurang 32% Kesatuan Sekerja ahli MTUC - 227 daripada 732 Union di Malaysia

And, if we just look at the private sector trade unions, there were 485 in 2014, and 475 in 2015 

Kepimpinan Kesatuan juga mungkin tidak mahu berkongsi pengetahuan dan menjana barisan kepimpinan muda dan baru...justeru pekerja muda merasakan diri mereka belum layak dan tidak mahu menawarkan diri mereka jadi pemimpin...

Harus diingat bahawa pergerakkan buruh pada satu masa adalah kuat ...PMFTU mewakili 85% kesatuan, dan lebih daripada 50% pekerja...
In 1947, the Pan Malayan General Labour Union, which was established in 1946, and later changed its name to Pan Malayan Federation of Trade Unions (PMFTU), boasted a membership of 263,598, and this represented more than half the total workforce in Malaysia. 85 percent of all existing unions were part of the PMFTU
MTUC diwujudkan pada 1949 selepas kerajaan penjajah British telah mengharamkan PMFTU dan banyak kesatuan, dan memenjarakan pimpinan kesatuan. Keperluan mendaftar lagi kesatuan sekerja dibuat British, di mana hanya beberapa kesatuan sekerja yang British luluskan telah didaftarkan...MTUC adalah terdiri dari kesatuan sekerja yang OK dengan kerajaan British, yang dibenarkan didaftar - tetapi itu tidak ia tidak boleh kembali kuat dan progressif...

Pihak British telah mengunakan beraneka strategi dalam proses menghancurkan pergerakkan buruh sedia ada. Satu cara adalah dengan membawa masuk 'Trade Union Adviser' saperti John Alfred Brazier, untuk tujuan menjana 'kesatuan sekerja' baru yang boleh diterima kerajaan dan majikan. Pemimpin kelas pertengahan(middle class) yang fasih Bahasa Inggeris dicipta untuk mengantikan pimpinan pekerja terdahulu, yang kebanyakkan dari kelas pekerja yang fasih berbahasa Melayu dan bahasa biasa lain yang digunakan kebanyakkan pekerja. 

Wlaupun Malaysia mencapai kemerdekaan daripada British, kerajaan pimpinan UMNO dari dulu hingga kini mengekalkan polisi dan undang-undang British...Semakin lama, hak pekerja dan kesatuan dikurangkan...

Apa yang menyedihkan adalah bahawa MTUC dan banyak kesatuan yang lama sehingga hari ini tidak mengambil kepimpinan pekerja sebelum 1948 sebagai teladan dan 'Hero' pekerja - tetapi yang anih ada yang ambil sebagai hero pekerja dan kesatuan adalah seorang  ejen British, iaitu John Alfred Brazier - Ada yang lihat Brazier sebagai 'Father of Malaysian Trade Union Movement'. Agak sedih...


Adakah pemimpin Kesatuan Sekerja lama, termasuk MTUC, masih terperangkap dengan model perjuangan yang diberikan oleh penjajah British...Jika YA, ini bukan keadaan atau masa depan  yang baik untuk pekerja di Malaysia....Adakah pendekatan ini menyebabkan MTUC dan Kesatuan Nasional yang lain tidak benar-benar berjuang untuk pekerja - hanya buat sedikit sahaja ...dan terus melakukan kerja 'kerajaan' dan majikan menghalang perkembangan pengerakkan buruh yang kuat dan berkesan..

Kesatuan kini pun tidak lagi adakan pertemuan Union dengan ahli kesatuan setiap dua minggu atau bulanan. Tanpa ini berlaku, perhubungan antara ahli, dan antara ahli dan pemimpin menjadi lemah...Justeru bila Union panggil ahlinya untuk berhimpiun, tidak hairan tidak ramai datang....Majikan dan kerajaan sudah sedar hakikat ini - dan mereka tidak lagi takut kepada pergerakan buruh....bilangan pekerja yang menjadi ahli Union semakin lama semakin berkurangan...

Justeru, MTUC dan Kesatuan Sekerja di Malaysia mesti belajar kembali cara perjuangan - mungkin pengalaman BERSIH 5 boleh membantu...

Perlu kepimpinan pekerja yang baru yang perlu bangkit memimpin pekerja - mereka mungkin tidak merupakan pemegang jawatan dalam MTUC atau mana-mana kesatuan... 

Pergerakkan REFORMASI ...dan kini pergerakkan BERSIH bermula begitu...dengan beberapa individu, yang tidak sama sekali boleh dikatakan PEMIMPIN yang ada nama. Selain daripada Maria dan Ambiga...adakah anda tahu siapa yang memimpin dan mengerakkan rakyat....Bukan sama sekali mana-mana parti politik atau pemimpin mereka - yang sentiasa akan tunjuk muka pada saat akhir dan mendapat liputan media...[Yang anihnya, kini mana-mana parti Pembangkang atau gabungan parti pembangkang tak berani menganjurkan perhimpunan rakyat ....PAS menganjurkan program di Selangor, hanya dapat menarik 1,500...tetapi bagaimana pula BERSIH boleh membawa bersama berpuluhan ribu...rakyat berbilang etnik, agama dan latar belakang...??]

 
 


 

MTUC Urges Malaysia To Implement Labour Laws Reforms Regardless of TPPA's Uncertainty

16 November 2016 
 
AS expected, the results of the US presidential election has led to uncertainty about the future of the Trans-Pacific Partnership Agreement (TPPA). This is very much clear as the President Barack Obama’s administration has suspended its efforts to win Congressional approval for his Asian free-trade deal before President-elect Donald Trump takes office on January 20, 2017. Now TPPA’s fate was up to Trump and Republican law makers. Trump made his opposition to the TPPA by stating that he will scrap the TPPA, renegotiate the 22-year-old North American Free Trade Agreement and adopt a much tougher stance with China trade.

From the beginning, Malaysian Trades Union Congress (MTUC) has pointed its opposition towards the TPPA. MTUC believes that the TPPA would bring more negative implications on the interest of Malaysia, to our people especially workers. As TPPA is facing uncertainties and it is almost clear that the implementation in 2018 won’t take place as planned and negotiated, thus MTUC is looking forward to see reforms in the labour laws in Malaysia. It is our hope that Malaysia will implement labour laws reforms to enhance protection on our workers.

Last year our government has agreed to amend various labour laws and regulations in line with TPPA’s negotiation process. Among others are provisions and commitments highlighted in the International Labour Organisation (ILO) Declaration of 1998. For this to be done successfully, there will be at least eight law amendments concerning the provisions on forced labour and freedom of association.

The amendments are required for the Employment Act 1955, Trade Union Act 1959, the Child and Young Persons (Employment) Act, 1966, Passport Act 1966 (implementing regulations), Industrial Relations Act 1967, Sabah Labour Ordinance (Chapter 67), Sarawak Labour Ordinance (Chapter 76), Private Employment Agencies Act 1981 and the Workers’ Minimum Standards of Housing and Amenities Act 1990.

MTUC had requested our government to carry out reforms of labour laws to ensure harmonious and a stable working environment in Malaysia long before the TPPA negotiations took place. Whether TPPA will be implemented or not, MTUC hopes that Malaysia will bring labour laws reforms.

We believed that with drastic reforms in our labour policies, there will be a tremendous change in the way employees and employers behave and interact with each other and with regulators. Furthermore MTUC also believe that strengthening our labour policies will be a game-changer that can be the enabler to propel Malaysia into a developed nation status, where workers’ rights are protected and upheld.

As series of engagement and discussion took place since last one year, we hope that the government will bring the amendments to the Parliament as planned next year, and subsequently implement it for the betterment of our workforce and country.

N. Gopal Kishnam
Secretary General

Council of Churches Malaysia (CCM) respond to GERAKAN's stand on role of Churches and BERSIH 5?

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Well, the Malaysian Churches are now responding to Gerakan's position that Churches should not get involved in BERSIH 5....see earlier post:- GERAKAN out to 'silence' Malaysian Churches and Christians? GERAKAN's finds no wrong in Malaysia? in government? 1MDB?

Council of Churches of Malaysia has issued a statement.Full statement can be read at the CCM Website - follow the link below:- Press Statement by CCM on Statement made by Mr. Andy Yong 22/11/2016.

The recent statement of Mr. Andy Yong, the Deputy Youth Chief of Party Gerakan, regarding “Christian involvement” in the recent Bersih 5 Rally came as a shock and it baffles the Churches on its intent to single out the Christian community with obtuse, incendiary and unsubstantiated views that has caused great hurt to Christians in this country.

At best, his statement is a mocking denial of the supposedly high ideals of human rights his party espouses, and at worse his comment is a deliberate attempt at casting aspersions on the good and sincere intentions of Christians to lend their voice to issues of the day….

...The Church is also committed by the teachings of Jesus Christ to be with its people in their anxieties, struggles and search for freedom, justice and peace. And so the churches lend their voices to the marginalized and the oppressed in society. History is replete with Christians marching with people against racial discrimination, wars, injustices in society and abuse of human rights. Why should it be different in our country? ... -Rev Dr Hermen Shastri, General Secretary, Council of Churches of Malaysia – 22/11/2016

Christians have marched against injustice, church group tells Gerakan

Tuesday November 22, 2016
06:25 PM GMT+8


Protesters sit on the road at Jalan Ampang during the Bersih 5 rally in Kuala Lumpur November 2016. — Picture by Yusof Mat IsaProtesters sit on the road at Jalan Ampang during the Bersih 5 rally in Kuala Lumpur November 2016. — Picture by Yusof Mat Isa KUALA LUMPUR, Nov 22 — A church group hit back at a Gerakan leader today for criticising churches that encouraged their followers to join the Bersih 5 rally.

Council of Churches Malaysia (CCM) general secretary Dr Hermen Shastri told Gerakan Youth deputy chief Andy Yong that the church was above party politics.

“History is replete with Christians marching with people against racial discrimination, wars, injustices in society and abuse of human rights. Why should it be different in our country?!

Hermen said in a statement.

He also questioned Yong’s inclination to seemingly channel his tirade towards the Christians, labelling the latter’s remark as a “mocking denial of the supposedly high ideals of human rights” Gerakan espouses.

“At best, his statement is a mocking denial of the supposedly high ideals of human rights his party espouses, and at worst his comment is a deliberate attempt at casting aspersions on the good and sincere intentions of Christians to lend their voice to issues of the day,” said Shastri.

“Second, Mr Yong has chosen to pick out Christians but it baffles everybody as to why he has remained silent on the participation of thousands of Muslims, Buddhists, Hindus, Sikhs and others who have exercised their right to dissent.

“Can he show any evidence from leaders of the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism who have made statements to deny the right of participation of their adherents in the said rally? So why pick out just the Christians!” he added.

He also labelled Yong’s action as a “disservice” to Gerakan and Malaysians in general who were merely exercising their constitutional rights to make their voices heard.

In his statement yesterday, Yong said that churches had held their masses and services before the rally by having Christians “conspicuously supporting one side of the protest”.

He added that it was inappropriate to use church sacraments to encourage support for selective political agendas.

More than 10,000 people took to the streets of the capital city last Saturday at the fifth edition of polls reform group Bersih 2.0’s demonstrations to protest against corruption.

Though the Bersih 5 demonstration ended peacefully without incident, several opposition leaders were arrested shortly after.

Bersih 2.0 chairman Maria Chin Abdullah has been detained since Friday under an anti-terrorism law, the Security Offences (Special Measures) Act 2012.

Full statement can be read at the CCM Website - follow the link below:-
 Press Statement by CCM on Statement made by Mr. Andy Yong

22/11/2016

Malaysian Bar - SOSMA Must Not be Abused to Quell Dissent - condemns arrest of Maria Chin?

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Press Release | SOSMA Must Not be Abused to Quell Dissent

Tuesday, 22 November 2016 04:46pm
ImageThe Malaysian Bar condemns the arrest and detention of Maria Chin Abdullah, the Chairperson of BERSIH 2.0, under Section 124C of the Penal Code — for the offence of attempting to commit activity detrimental to parliamentary democracy — because BERSIH 2.0 allegedly received funds from the Open Society Foundation (“OSF”). The arrest was made, and she was detained, on 18 November 2016, which was the eve of the BERSIH 5 rally in Kuala Lumpur.
 
Subsequently, on 19 November 2016 Maria Chin Abdullah was detained under the Security Offences (Special Measures) Act 2012 (“SOSMA”), which allows for preventive detention of up to 28 days for “security offences”.  Section 3 of SOSMA defines “security offences” to include Part VI of the Penal Code, under which Section 124C falls.
 
It is startling that the authorities have invoked SOSMA against Maria Chin Abdullah in respect of the purported receipt of the OSF funds.  This is because on 12 November 2016 the Deputy Minister for Home Affairs I, Datuk Nur Jazlan Mohamed, had reportedly said that “OSF has been providing funds for the past 10 years and the government has been monitoring such activities but there are no concrete evidence that NGOs in the country are involved in activities that can disrupt the peace of the country by using the funds”, and that “the matter is still being investigated”.[1]
 
The Malaysian Bar notes that OSF is not an “unlawful society” under the Prevention of Crime Act 1959 or Societies Act 1966, or a “listed terrorist organisation” under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

Moreover, it is rather incredible for the authorities to suspect that OSF funds were allegedly used by Maria Chin Abdullah to commit an offence under Section 124C of the Penal Code.  The offence of “activity detrimental to parliamentary democracy” is defined in Section 130A of the Penal Code as “an activity carried out by a person or a group of persons designed to overthrow or undermine parliamentary democracy by violent or unconstitutional means (emphasis added).  The definition of the offence is imprecise, but SOSMA has been represented by the Government as a law to deal with terrorism.[2]  It was therefore never intended to restrict or prohibit any form of peaceful and legitimate democratic activity.
 
It is also noteworthy that when Section 124B — for the main offence of activity detrimental to parliamentary democracy — was tabled in Parliament as an amendment to the Penal Code, the Government declared that it was not to inhibit political dissent or peaceful assembly.  Indeed, a Member of Parliament observed, “Kalau nak buat perhimpunan aman atau bersih pun, itu tidak detrimental to Parliamentary Democracy.”[3]  (“Even if [they] want to hold a peaceful assembly or BERSIH, that is not detrimental to parliamentary democracy.”)

Tan Sri Abdul Gani Patail — the Attorney General when SOSMA was passed in Parliament — himself has stated that SOSMA was “not intended to guillotine parliamentary democracy or suppress political freedom”.[4]  In this regard, Section 4(3) of SOSMA specifically carves out the defence of “political belief or political activity”, which the Government also guaranteed when the legislation was tabled in Parliament.[5]  Thus, no one is to be held liable “solely for his political belief or political activity”.

In light of the above, the allegations of an offence under Section 124C levelled against Maria Chin Abdullah appear to be baseless, and her detention under SOSMA cannot be justified.  The arrest and detention of Maria Chin Abdullah is widely perceived to have been intended to victimise and prevent her from leading the BERSIH 5 rally on the day following her arrest.  Any misuse of laws for ulterior or colourable purposes by the authorities cannot be condoned, as it would be tantamount to abuse of power.  

It has also been reported that Maria Chin Abdullah is being detained in an unknown location, in solitary confinement in a windowless cell measuring 15 feet by 8 feet, forced to sleep on a slab of wood on the cement floor, and with lights kept permanently on, which could lead to disorientation, sleep deprivation and, consequently, serious medical complications.  These are oppressive, inhumane and degrading conditions of detention. It would appear that Maria Chin Abdullah is being subjected to the deplorable Internal Security Act 1960 (“ISA”)-type detention conditions, prior to the repeal of that law in 2012, which cannot be tolerated.  It would thus seem that there has been a flagrant breach of the Lock-Up Rules 1953, which provide for conditions of detention and apply even for detentions under SOSMA. 

The United Nations Security Council Resolution 2178 (2014), unanimously adopted on 24 September 2014, provides that “Member States must ensure that any measures taken to counter terrorism comply with all their obligations under international law, in particular international human rights law…, underscoring that respect for human rights, fundamental freedoms and the rule of law are complementary and mutually reinforcing with effective counter-terrorism measures”.  In this regard, the conditions of detention faced by Maria Chin Abdullah appear to be in non-compliance with the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), which stipulate, inter alia:

  •  “All accommodation provided for the use of prisoners and in particular all sleeping accommodation shall meet all requirements of health, due regard being paid to climatic conditions and particularly to cubic content of air, minimum floor space, lighting, heating and ventilation.”[6] 

  •  “In all places where prisoners are required to live or work: 
  • (a) The windows shall be large enough to enable the prisoners to read or work by natural light and shall be so constructed that they can allow the entrance of fresh air whether or not there is artificial ventilation;”[7] and

  •  “Every prisoner shall, in accordance with local or national standards, be provided with a separate bed and with separate and sufficient bedding which shall be clean when issued, kept in good order and changed often enough to ensure its cleanliness.”[8] 

  • Peaceful demands or activities by citizens are part and parcel of the process of parliamentary democracy.  It is the criminalisation of these acts that is detrimental to parliamentary democracy, and must be rejected.  The abuse of SOSMA, and criminal procedures for the purposes of alleged Penal Code offences, particularly in a case that does not concern “security offences”, is abhorrent and repugnant to the rule of law.

    The Malaysian Bar demands that Maria Chin Abdullah be released immediately and unconditionally. 

    Steven Thiru
    President
    Malaysian Bar

    22 November 2016


    [2] “Nazri: Only one ISA replacement law”, Free Malaysia Today, 11 April 2012.
    [3] Penyata Rasmi Parlimen Dewan Rakyat (Hansard), 17 April 2012, page 120, quoting the Member of Parliament for Rembau, Tuan Khairy Jamaluddin.
    [4] “Gani Patail: Sosma introduced to deal with terrorism”, The Star Online, 4 November 2015.
    [5] Penyata Rasmi Parlimen Dewan Rakyat (Hansard), 16 April 2012, page 6,  quoting the Prime Minister, Dato’ Sri Mohd Najib Tun Abdul Razak.
    [6] Rule 13, United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) (“Mandela Rules”).
    [7] Rule 14(a), Mandela Rules.
    [8] Rule 21, Mandela Rules.

    Joint Action Group for Gender Equality (JAG) -Stop the Intimidation and Release Bersih Chairperson, Maria Chin Abdullah

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    Joint Action Group for Gender Equality (JAG)
    Media Statement, 21 November 2016
    Stop the Intimidation and Release Bersih Chairperson, Maria Chin Abdullah




    The Joint Action Group for Gender Equality (JAG) strongly condemns the arrest of Maria Chin Abdullah, the chairperson of BERSIH 2.0, on November 18, 2016 and call for her immediate release.

    Maria Abdullah was arrested under Section 124(c) of the Penal Code, allegedly for “activities detrimental to parliamentary democracy”. She was subsequently detained under the Security Offences (Special Measures) Act (SOSMA) and is reportedly held in solitary confinement in a 15 x 8 feet cell, without windows and with two light bulbs turned on 24 hours. This amounts to torture.

    SOSMA is a draconian act. The original SOSMA had granted Law Enforcement powers to intercept and store any kind of communication, including digital communications, without any judicial oversight. Police Officers “not below the rank of SuperIntendants” could wiretap any communications if they felt there was need to do so, without obtaining any warrant.  Amendments to SOSMA, have further enhanced existing powers to allow for any evidence howsoever obtained, whether before or after a person has been charged” to be admissible in a court of law. This means that the mechanism to ensure accountability and transparency of government and the powers held by the legislative and executive through judicial oversight has been severely undermined through SOSMA. Any person who is tried under SOSMA will, from the day of arrest, stay in prison until acquitted by the apex court.

    Mandeep Karpal Singh and at least twelve other leaders supportive of Bersih’s demands including “Tangkap MO1” organiser Anis Syafiqah were also arrested under various sections of the Penal Code. While Mandeep and others have been subsequently released, the arrests of Bersih’s leaders and supporters are grossly unjust and can only be seen as a form of intimidation against leaders who have demonstrated integrity and tenacity in being critical of the current government’s abuse of power and in upholding Bersih’s demands for a clean government and fair elections through peaceful means.

    Clean and fair elections is fundamental to the promotion of democracy and the protection of the rights of the peoples of this nation. The Malaysian peoples have expressed peacefully through every Bersih rally that there is great dissatisfaction with the current electoral system and the lack of transparency and accountability with the management of public funds. Instead of investigating and bringing to justice the true culprits who are robbing the nation such as those linked with the 1MDB, a USD681 million corruption scandal, we instead are forced to witness continuing acts of intimidation against human rights defenders and civil society leaders. Both Maria Abdullah and Mandeep Singh received death threats but those responsible for such threats of violence have yet to be detained.

    The right to peaceful protest of any elected government’s wrongdoings is the people’s right, and Maria Abdullah and others are only exercising and defending that right. We strongly urge the Malaysian authorities to stop the clampdown on Bersih, human rights defenders and civil society leaders. We call for the immediate release of Maria Chin Abdullah and to drop all charges against those who have been critical of the government’s abuse of power and protect our constitutional right to freedom of expression and association and peaceful assembly.



    Released by the Joint Action Group for Gender Equality (JAG):

    Persatuan Kesedaran Komuniti Selangor (EMPOWER)
    All Women’s Action Society (AWAM)
    Justice for Sisters
    Perak Women for Women (PWW)
    Sabah Women’s Action-Resource Group (SAWO)
    Sisters in Islam (SIS)
    Women’s Aid Organisation (WAO)
    Women’s Centre for Change (WCC)

    GERAKAN, Andy Yong, 'Real' Apology, Christians/Churches and BERSIH 5?

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    Andy Yong is the National Deputy Youth Chief of Parti Gerakan Rakyat Malaysia(GERAKAN), and his statements were reported by the media. In his Facebook Page post, he implies that there may have been "spinned news". Well, when it come to talking to dealing with the media, it is always a good idea to have a prepared media statement - unfortunately, I have not been able to see such a media statement by Andy (I also did not see this statement in his Facebook Page). In any event, if there was any 'mis-reporting' of comments made to the media, it is always good to send a letter to the relevant media outlets demanding a correction of the published news reports.

    In 2010, Malaysian population was 28.3 million, and 9.2% are Christians - about 2.6 million
    Now, everyone including Andy Yong has the freedom of opinion and expression, and as such he is free to hold any view. But, when you are also a leader of a political party or organisation, or a holder of public office, and you are expressing an opinion/view not being the view of your political party/organisation or public office, it is always best to make it clear that it is but your own personal view. There have been to date no such assertion, even after the reports were published and others have responded, and as such it is reasonable to assume that Andy Yong is speaking for GERAKAN. GERAKAN has also not yet issued any statement to distance itself from what was expressed by Andy.

    The Council of Churches of Malaysia's Press Statement in response to the Deputy Yourth Chief of Party GERAKAN dated 22/11/2016 is very clear as to what they want of Andy Yong and GERAKAN. Go read the statement, and amongst others, they want... 

    We call on him to unequivocally rescind his negative statementsagainst Christians and their leaders and for the party leaders to make their stand whether they agree with him.
    Since then, there has been a Malaysiakini report (see below) that states that he has apologized - but, in my opinion, it falls short of what CCM wants, and also what all other Churches and Christians expect. 

    I looked at the said Facebook post in Andy Yong's Facebook page  - which I have copied and pasted below:-

    Disappointed to see spinned news/comments against me. My salient points are about the danger of mixing politics and religion. Though inevitable not to have any connection of the two, we must understand its sensitivity in today's situation. My apology if offended anyone.
    * someone just informed me Msiakini published my apology..
     
    In his post, he has an image - being a quote of Pope Francis(visit his FB page - and see that image and quote. Firstly, it was a quote from a media interview which was in Italian, and this was a translation of words used. One has to really read the entire interview, and more importantly look at the official position of the Catholic Church as seen also in various Church teachings and the Bible...which in no way says that Churches are to keep quite...or Christians stand by silently in the face of injustice and human rights violations. Very dangerous to simply rely on a single quote - one has to take a holistic approach to get a clearer understanding of what faith demands of Christians and Churches...

    The Catholic Church (who has a membership of about 1 million in Malaysia) has been very active in the affairs of human persons in the political, socio-economic and cultural reality. The Church and Christians take positions, and act on it - we do not sit on the sidelines indifferent to injustices, violations of human rights, etc.. Remember the Vatican is involved in the United Nations, and as also have a relationship with the Malaysian government.
    As of 2010, there are 1,007,643 Catholics in Malaysia - approximately 3.56% of the total population.
    With regards to corruption, just have a look at an extract of the speech of Pope Francis ...and also an extract from a Catholic Church Encyclical - which clearly states that the Church will get actively involved...in peaceful activities like BERSIH 5 peaceful assembly...

    ADDRESS OF POPE FRANCIS
    TO THE DELEGATES OF THE INTERNATIONAL ASSOCIATION OF PENAL LAW
    Hall of Popes
    Thursday, 23 October 2014

    b) Regarding the crime of corruption

    The scandalous concentration of global wealth is made possible by the connivance of public leaders with the powers that be. Corruption is in and of itself a death process: when a life is ended, there is corruption.

    There are few things more difficult than breaching a corrupt heart: “So is he who lays up treasure for himself, and is not rich toward God” (Lk 12:21). When a corrupt person’s private situation becomes complicated, he knows all the loopholes to escape, as did the dishonest steward of the Gospel (cf. Lk 16:1-8).

    A corrupt person passes through life with shortcuts of opportunism, with an air of one who says: “It wasn’t me”, managing to internalize his ‘honest man’ mask. It is a process of internalization. The corrupt person cannot accept criticism; he discredits those who criticize; he seeks to diminish any moral authority that may call him into question; he does not value others and attacks with insults whomsoever may think in a different way. Should opportunity permit, he persecutes anyone who contradicts him.

    Corruption is expressed in an atmosphere of triumphalism because the corrupt person considers himself a winner. He struts about in that environment in order to belittle others. The corrupt person knows neither brotherhood nor friendship, but complicity and enmity. The corrupt one does not perceive his corruption. It is somewhat like what happens with bad breath: the person who has it is seldom aware of it; it is the others who notice it and have to tell him about it. For this reason it is unlikely that the corrupt person will be able to recognize his state and change through inner remorse.

    Corruption is a greater ill than sin. More than forgiveness, this ill must be treated. Corruption has become natural, to the point of becoming a personal and social statement tied to customs, common practice in commercial and financial transactions, in public contracting, in every negotiation that involves agents of the State. It is the victory of appearances over reality and of brazenness over honourable discretion.

    The Lord, however, does not tire of knocking at the doors of the corrupt. Corruption is no match for hope.

    What can criminal law do against corruption? There are now many conventions and international treaties on the subject and a proliferation of offenses defined and directed at protecting not so much the citizenry, who are definitively the ultimate victims — especially the most vulnerable — as to protect the interests of those operating the economic and financial markets. 

    Criminal punishment is selective. It is like a net that catches only the little fish, while it leaves the big fish free in the ocean. The forms of corruption that most need to be addressed are those which cause severe social harm — such as, for example, serious fraud against the public administration or dishonest administrative practices — shown by any type of obstruction of justice intended to gain impunity for one’s own misdeeds or for those of third parties.


    Positive signs in the contemporary world are the growing awareness of the solidarity of the poor among themselves, their efforts to support one another, and their public demonstrations on the social scene which, without recourse to violence, present their own needs and rights in the face of the inefficiency or corruption of the public authorities. By virtue of her own evangelical duty the Church feels called to take her stand beside the poor, to discern the justice of their requests, and to help satisfy them, without losing sight of the good of groups in the context of the common good. - SOLLICITUDO REI SOCIALIS (No.39)


    Of relevance, also is what Pope Francis has to say about pre-trial detention....which is relevant now considering what is happening to Maria Chin...

    b) Regarding conditions of detention, un-sentenced prisoners and those sentenced without trial

    These are not tall stories: you know it well — pretrial detention — when an early sentence is procured in an abusive manner, without conviction, or as a measure applied in case of a suspicion more or less based on a crime committed — constitutes another contemporaneous form of unlawful and hidden punishment, beyond a veneer of legality. - from the same address to the International Association of Penal Law mentioned above..




    See related posts:-

    GERAKAN out to 'silence' Malaysian Churches and Christians? GERAKAN's finds no wrong in Malaysia? in government? 1MDB?

    Council of Churches Malaysia (CCM) respond to GERAKAN's stand on role of Churches and BERSIH 5?

     

     

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    While churches fume, Gerakan's Yong apologises

      Published     Updated

    Gerakan Youth deputy chief Andy Yong has been accused of singling out Christians in his recent statement on why religion and Bersih should not mix.

    Yong, however, claims his views were misconstrued by the media and said he was sorry if any churches were offended.

    In a statement today, the Council of Churches Malaysia (CCM), the umbrella group for Malaysian churches, said Yong appeared to have ignored the fact that Bersih supporters were made up of Malaysians of all faiths.

    "Yong has chosen to pick out Christians but it baffles everybody as to why he has remained silent on the participation of thousands of Muslims, Buddhists, Hindus, Sikhs and others who have exercised their right to dissent.

    "Can he show any evidence from leaders of the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism who have made statements to deny the right of participation of their adherents in the said rally.

    "So why pick on the Christians?" asked CCM general secretary Rev Hermen Shastri.

    He said there are Christians in Gerakan as well, most prominently Gerakan founder the late Tan Chee Khoon, who had helped build the country.

    "Even today there are many party members who are Christians and we are sure they will feel slighted by the hurting statements made from within their own political fold," said Herman.

    Clergy is non-partisan

    Yesterday, Yong said that some churches held masses and services before the rallies in Kuala Lumpur on Nov 19 and had their believers conspicuously supporting one side.

    He added that a bishop who joined the rally encouraged his followers to do the same.

    Yong said "to use the sacraments to encourage support or affiliation to certain political agendas is not appropriate".

    "He should consider whether he risk fuelling the anger towards (from those of) different faith and political support. He must consider the consequences of his actions.

    "I am not advocating that persons who are religious should be excluded from government affairs or influencing others to do the same but its sensitivity. We cannot use religious tenets as a justification for our support in government or politics," said Yong.

    He argued that religion and politics should not mix because it would lead to violence.

    This evening, Yong posted an apology of sorts on Twitter.

    "I'm sorry if I offended any churches. Never intended so," said Yong.
     

    Bishop appalled by BN leader’s misconstruction

    Terence Netto    Published     Updated
    Catholic Bishop Emeritus Dr Paul Tan Chee Ing said he was appalled by the extent of Gerakan Youth deputy leader Andy Yong’s ignorance of the Christian churches’ stand on Bersih 5.

    In a statement issued yesterday, Yong criticised Christian clergymen whom he claimed took a partisan stand on polls reform advocacy group Bersih’s decision to organise a protest march in Kuala Lumpur last Saturday.

    “To the extent one can decipher Andy Yong’s meaning from the muddle of his dysfunctional English, he said he thinks Christian clergymen had urged their congregations to wear Bersih colours to a prayer service in church and from there both priests and laity fanned out into the streets as partisan supporters of a political cause,” said the Jesuit-trained priest.

    Bishop Paul said the truth was more nearly that Christian clerics saw the Bersih demand for clean and fair elections and corruption-free governance as inseparable from the social justice that all Christians must struggle for in this world.

    “Churches’ decision to support Bersih’s aims was not mixing religion with politics as Andy Yong claims,” said the former head of the Catholic Church in the Malacca-Johor diocese.

    “The churches’ stand was a projection of the social justice values of the Gospel and not a matter of dragging it into being a partisan supporter of political parties and their agendas,” iterated the prelate.

    “Catholic clergy are forbidden from taking part in politics. They can voice support for social justice ideals but cannot be politically aligned players of the game,” said Bishop Paul.

    “The laity can take part in politics but the clergy must stay above the partisan fray,” he clarified.
     
    Bishop Paul said from what Andy Yong is quoted as saying, the Gerakan leader is in the wrong political coalition because he insists that religion must not be mixed with politics.
    “Even a cursory survey of the Malaysian political landscape is enough to tell you which among the political parties fuses religion with politics,” argued the cleric.

    Bishop Paul said the stand of the churches on the Bersih march was prompted by a desire to struggle for the social justice values of the Christian message of fostering a peace premised on justice.

    “That message can invite misunderstanding and hostility, the endurance of which is part of the Christian struggle for a more authentic existence,” asserted the bishop.
     

    SUHAKAM Statement following visit of Maria Chin - BERSIH?

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     See related earlier posts:-

    Unacceptable use of Sosma against Maria — SUHAKAM(Malaysian HR Commission)

    SUHAKAM visits Maria Chin at place of detention on 22/11/2016..? They have the power to do this.. - - see the power that the Act gives SUHAKAM to make 'surprise' visits to places of detentions - and the persons in charge cannot deny access to SUHAKAM - they need to use this power more regularly to visit police lock-ups, and places where people are being held under Detention Without Trial Laws like POTA and POCA, which still exist.

     

    Suhakam meets Maria, confirms she is in solitary confinement

    by -

    3
    Suhakam chairman Razali Ismail had earlier said that the use of Sosma on Maria was unacceptable:

    Suhakam wishes to underline its opposition to the use of the Security Offences (Special Measures) Act 2012 (Sosma), which it has objected to in the past.

    Suhakam reiterates that the broad characterisation of “security offences” under Sosma now suggests that its ambit extends beyond terrorism offences.

    The application of the Sosma to Maria Chin where she has been detained without charge and without trial in this instance, and her wellbeing and welfare unknown, cannot be accepted by a society that has a national conscience.

    The government’s assurance in 2011 promised that “no individual will be arrested merely on the point of political ideology”.

    In Suhakam’s view, the preventive detention of Maria Chin is a misuse of the law, an abuse of the legal system and of law enforcement.

    Suhakam advises the government to interpret in good faith and in accordance with their ordinary meaning, the laws in their context and in the light of their object and purpose.

    Suhakam would like to see a situation where the overemphasis by the authorities on restrictions to the right to freedom of assembly is replaced by efforts to facilitate the right. - ALIRAN Website

     Suhakam confirms Maria kept isolated, without bed

    Wednesday November 23, 2016
    12:15 PM GMT+8
    UPDATED:
    November 23, 2016
    03:16 PM GMT+8
    Suhakam has confirmed that Maria Chin Abdullah is being held in solitary confinement and is denied a bed. — Picture by Yusof Mat IsaSuhakam has confirmed that Maria Chin Abdullah is being held in solitary confinement and is denied a bed. — Picture by Yusof Mat Isa KUALA LUMPUR, Nov 23 — Bersih 2.0 chairman Maria Chin Abdullah is being held in solitary confinement and denied a bed as she previously alleged, the Human Rights Commission (Suhakam) confirmed today.

    Suhakam said it verified this during a visit to the undisclosed location where Maria is being detained for 28 days under the Security Offences (Special Measures) Act.

    The commission added that while Maria appeared to be in good health and the cleanliness of her cell was acceptable, the conditions were as she had described to her lawyers on Sunday.

    “The so-called bed has no mattress and she has to wash with cold water. She indicated that she would like a mattress at the very least to cushion the discomfort of the wooden bed.

    “Maria Chin Abdullah has also requested for a copy of the Quran and reading materials, as well as to be able to see her children and family,” it said in a statement.

    Suhakam did not comment on other aspects of Maria’s allegations such as the cell being windowless or that two lights were kept permanently lit.

    The commission said its delegation to inspect Maria's cell and conditions was led by chairman Tan Sri Razali Ismail.

    Authorities informed the commission that a medical doctor was available at all times to attend to the Bersih 2.0 chief's medical needs.

    Maria also did not complain of any ill-treatment by her captors, but informed Suhakam that she has only been interrogated for three hours since being arrested on Friday.

    The commission thanked the authorities for facilitating the inspection on short notice, but insisted that they must release Maria from the preventive detention.

    Suhakam continues to hold the position that Maria Chin Abdullah is unjustifiably incarcerated and would like to reiterate that in accordance with Article 9 of the Universal Declaration of Human Rights, no one shall be subjected to arbitrary arrest, detention or exile,” the commission said.

    Police detained Maria on November 18 under Section 124C of the Penal Code that criminalises the attempt to commit activities detrimental to parliamentary democracy, and invoked the Sosma for the arrest.

    The law permits the police to hold individuals for up to 28 days without trial.

    Outrage over Maria’s detention under the Sosma was further exacerbated by her allegation that she was being held in a permanently lit and windowless cell measuring 15x8 feet, conditions that the Malaysian Bar have called “oppressive, inhumane and degrading”. - Malay Mail, 23/11/2016


    Suhakam confirms Maria Chin kept in solitary confinement

    — Sunpix by Asyraf Rasid
    PETALING JAYA: The Human Rights Commission of Malaysia (Suhakam) confirmed that Bersih 2.0 chairman Maria Chin Abdullah is being held in solitary confinement and given a wooden bed without a pillow.

    This is following Suhakam representatives having met Maria at an undisclosed location where the latter is being detained for 28 days under the Security Offences (Special Measures) Act (Sosma).

    "The state of cleanliness in the cell can be considered as acceptable but there is no escaping from the fact that it is solitary confinement. The so-called bed has no mattress and she has to wash with cold water," it said in a statement.

    It said that Maria had indicated that she would like a mattress at the very least to cushion the discomfort of the wooden bed.


    It also said that Maria is in good health and had been interrogated "softly" by the police for three hours during her detention.

    "She requested for a copy of the Quran, reading materials and for her to see her children and family," it added.

    Police detained Maria on Nov 18 under Section 124C of the Penal Code that criminalises the attempt to commit activities detrimental to parliamentary democracy, and invoked the Sosma for the arrest.

    The controversial law which aims at maintaining public order and security allows the detention of individuals without trial for up to 28 days.

    Meanwhile, the Centre For A Better Tomorrow (Cenbet) wants Maria to be released immediately.
    Cenbet said when Sosma was introduced in 2012 to replace the Internal Security Act (ISA), the government had given assurance that the law would only be used against terror suspects.

    It added Inspector-General of Police Tan Sri Khalid Abu Bakar needs to explain to the public on how and why Maria is a threat to national security in the same way terror suspects are.

    "The explanation has to be specific and in clear tangible terms, in line with transparency and good governance which Cenbet promotes," it said in a statement. - Sun Daily, 23/11/2016


    Maria asks for Quran during Suhakam visit  Published     Updated

    Detained Bersih chairperson Maria Chin Abdullah requested for a Quran, reading materials and to see her family.

    She made these requests during a visit by Human Rights Commission of Malaysia (Suhakam) members yesterday, commission chairperson Razali Ismail said in a statement.

    Maria was arrested under the Security Offences (Special Measures) Act 2012 on the eve of the Nov 19 Bersih 5 rally, which attracted at least 40,000 people in Kuala Lumpur.

    The rally was to demand clean elections, clean government, empowerment of Sabah and Sarawak, strengthening of Parliament and the right to dissent.

    She is being held for 28 days, as provided by Sosma, but her habeas corpus application will be heard by the court tomorrow.

    She is being held for 28 days, as provided by Sosma, but her habeas corpus application is fixed for case management tomorrow.

    Razali said although Maria is in good health, she is held in solitary confinement with only a wooden bed with no mattress to sleep on and has only cold water to wash.

    "She indicated she would like a mattress, at the very least, to cushion the discomfort of the wooden bed," he said.

    It is understood that Maria is being held at the Batu police camp, where Internal Security Act detainees were previously held before moved to the Kamunting Detention Centre.

    Suhakam was also given the assurance that a medical doctor is available at all times, Razali said.

    The interview with Maria took 1.5 hours and was not impeded by attending police personnel, he said.

    Requests relayed to police

    Maria's requests were also relayed to the "polite" police representatives, but the personnel said they were not in the position to inform their superiors about the requests.

    "Suhakam continues to hold the position that Maria is unjustifiably incarcerated and would like to reiterate that in accordance with Article 9 of the Universal Declaration of Human Rights, no one shall be subjected to arbitrary arrest, detention or exile,"Razali said.

    Meanwhile, Centre for A Better Tomorrow (Cenbet) said Maria's arrest goes against Prime Minister Najib Abdul Razak's pledge of openness when he announced the repeal of the Internal Security Act.

    "Failure to give a satisfactory explanation is not only unprofessional, it constitutes an abuse of power and may be a criminal misconduct in itself.

    "Worse, it may open the floodgates to similar abuses.

    "This goes against the spirit of openness pledged by Najib during his Sept 16, 2011, speech where he announced the repeal or review of regressive laws like the ISA, Restricted Residence Act and Printing Presses and Publications Act," Cenbet said in a statement.

    The think-tank said the inspector-general of police should explain Maria's arrest under Sosma, which is meant to counter terrorism.
    The government had declared when Sosma was passed in 2012 to replace the ISA that it would only be used against terror suspects, Cenbet said.
    "We do not see any justification at all to detain her under Sosma," it said.

    Umno information chief Annuar Musa today claimed Maria has links to the Central Intelligence Agency of the United States, through its work on electoral rights.

    MPs and activists have marched against the detention, while solidarity vigils at Dataran Merdeka have attracted more than 1,000 people.

    Concurrent vigils are also held in Penang and Johor.

    As a result, the Kuala Lumpur City Hall has closed off Dataran Merdeka from 5pm every day. - Malaysiakini, 23/11/2016

    Mah Siew Keong and GERAKAN plans to get MACC to give their candidates 'corruption free' certification is wrong?

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    Mah Siew Keong and GERAKAN wants to enter into a 'pact'(an agreement?) with the MACC(Malaysian Anti-Corruption Commission) to vet its 45 MP and ADUN candidates for the upcoming General Elections? Is the MACC now making available such services for all Malaysians - political parties, companies, etc ... and those who pass such 'vetting' will get a 'Corruption Free Certification? Sounds like just like just getting the 'Halal' certification?

    What is Mah and GERAKAN thinking trying to use the time and energy of MACC for a private benefit? Well, if you suspect a GERAKAN member of corruption, then make a report and MACC will investigate and take action. MACC is not there to serve GERAKAN and give any such 'corruption free certification'. Remember that it is not easy to prove corruption, and when there is insufficient evidence, the MACC nor the police seldoms declares anyone innocent...the file will remain open and when new evidence surfaces, that person may then be charged in court for the alleged crime..

     

    It will be absurd for the MACC to give any person a 'corruption free' certification, for it is foolish for there may be new evidence or allegations that may surface later after - and what then will happen to the credibility of MACC when it must take action against someone that they gave a 'corruption free' certification?

    MACC is an investigative body that weeds out corruption and acts against those who are guilty of corruption. You may ask MACC to come give you an education session about what is corruption but that is all..

    As it is, I believe, that there is so much corruption cases, and the MACC and the police really do not even have sufficient resources to properly investigate all the different allegations..

    Corruption is also complex, and it is not sufficient just to investigate within Malaysia - and MACC may need to also investigate in other foreign countries, and we know to do that they will need our Attorney General to give his permission under Mutual Legal Assistance(MLA) before ...but sadly, it has not been easy to get the AG to do the needful..

    ...The Malaysian Anti-Corruption Commission said it made several proposals and recommendations for action in the case, according to a statement Thursday. While it has completed investigations involving witnesses in the country, the MACC said it still needs permission from the attorney general to get documents and evidence from overseas financial institutions.
    "This evidence can only be taken by the Mutual Legal Assistance process because it is tied to the provision of banking legislation of the country concerned," the agency said. "MACC has made an application under the MLA to attorney general to obtain documents and evidence." - Bloomberg Business, 31/12/2015, Malaysian Anti-Graft Agency Submits Probe Results of Najib Funds

    A look at a later MACC statement issued on 24/2/2016, it seems to indicate that they still have not managed to get the MLA permission from the Malaysian AG. (Note this statement comes after it reported on 26/1/2016 in News Straits Times which stated amongst others, ‘Attorney-General Tan Sri Mohamed Apandi Ali said their investigation had showed that the prime minister had committed no wrongdoing in the cases. “I am satisfied that there was no evidence to show that the donation was a form of gratification given corruptly. “The evidence showed that the donation was not an inducement or reward for doing or forbearing in relation to his capacity as a prime minister,” he said. He said that investigation also showed that in Aug 2013, a sum of USD620 million (RM2.03 billion) was returned by Najib to the Saudi royal family, as the sum was not utilised...’

    ...Memandangkan siasatan SPRM berhubung dakwaan wang derma RM2.6 bilion masih belum lengkap, Panel telah mengesyorkan agar SPRM meneruskan siasatannya dan memohon Peguam Negara agar mengeluarkan kebenaran Bantuan Undang-undang Bersama (MLA) bagi SPRM memperoleh bukti dan dokumen-dokumen daripada institusi kewangan di luar negara sebagai sebahagian daripada siasatan ke atas isu RM2.6 bilion.
    SURUHANJAYA PENCEGAHAN RASUAH MALAYSIA
    KUALA LUMPUR
    24 FEBRUARI 2016 [For full statement, see Malaysian Insider, MACC Statement, Justification for Blocking? AG's permission to get evidence?
    The Malaysian Bar Resolution of 2016 [Malaysian Bar calls on Mohamed Apandi Ali to immediately resign as Attorney General, for the good of Malaysia..] may be helpful for a recollection of the events, but the point to be made here, is that investigation concerning corruption, needs many a time investigations not just in our country but also overseas - and at present, without the Attorney General's permission, this would most likely not happen.

    In my opinion, it was an embarrassment when Malaysian investigative bodies did not discover the 'corruption', kleptocracy and wrongs involving Malaysia and a Malaysian government owned company first - and now, we have so many foreign countries not just investigating but also taking legal proceedings on this issue including the United States of America. It must be pointed out, that no country will generally commence legal proceedings and/or take action until they have sufficient evidence to prove their allegations...It was sad, that it was not the local media or investigative authorities in Malaysia that 'exposed' these possible wrongdoings..

    I have also wondered why Najib returned the balance of the said unused 'donation' - that action also indicates that possibly he realized that receiving and using such monies was wrong - so, he tries to mitigate matters by returning the balance. 

    It would have been better if there was first an apology, then the return of the monies, and a total accountability of what he did with the money. There should also have been an open disclosure of who was the donor, and the reason for the said donation. Of course, then we would have been able to investigate if the donor received any 'benefit' from Najib or Malaysian government directly or indirectly...[The allegation and charge faced by Penang Chief Minister Lim Guan Eng is of relevance...]     

    Now, Mah and GERAKAN wants to give the impression that they are CLEAN - against corruption and such - they want to place candidates who are 'corruption free'. This is good but really is nothing new. 

    All political parties would naturally vet all the candidates who will be standing as party candidates. They will want to be sure that these candidates are 'clean' and is scandal free, and as such it will be very bad for the name of the party that someting negative is revealed about their chosen candidate. 

    What is new this time is that Mah and Gerakan now wants the MACC to vet and declare their candidates as 'corruption-free'. If MACC was a private investigative body, nothing will be wrong BUT MACC is a government body and that makes it very wrong. MACC is a government agency, operating on government funds - the Malaysian people's money...and, if they start vetting one party's candidates, there will be noting preventing evry other parties and even potential independent candidates asking them to do the same...No, the people's money and resources cannot be expended to help GERAKAN out - as it is we are all feeling the effects of 'shortage of funds' - subsidies being withdrawn, costs of healthcare is also embarrassingly when governments should be trying to strive for universal health care which is free..or there is a minimal charge. Neighbouring Thailand provides healthcare, which covers ward charges, surgery charges,etc for 30 Baht only (which is equivalent to slightly more than RM3). 

    Will GERAKAN pay MACC for this service - well, if that happens would that not be wrong? Would it affect MACC's independence when it comes to some later investigation of alleged corruption charges against Mah, GERAKAN or some GERAKAN member(or friend)? It will be embarrassing also for MACC to be in a position of having to investigate and prosecute a person it gave a 'corruption free' certification.

    If GERAKAN wants to, why don't they simply announce the names of their candidates - and ask for public feedback - so people who are aware of some involvement in corruption may give GERAKAN feedback...Well, that would take guts, would it not?

    If GERAKAN wants to potray itself as being anti-corruption, against kleptocracy, etc - maybe, it should come out and make its position clear on the current issues involving our Prime Minister, 1MDB and related companies...but that may be risky, as the might find themselves ousted from the Barisan Nasional - after all, even top leaders who spoke out ended losing Cabinet positions, party positions and being expelled from the party...

    GERAKAN and its members need to seriously think about what they should do for the future good of GERAKAN... Now, if the allegations floating around is found to be true...GERAKAN, may be considered not an 'innocent by-stander' but ... 

    It is also shocking that MACC seems to be agreeing with such a suggestion by GERAKAN. It is OK for MACC to give talks, conduct training session - but it certainly should not be in the business of according 'corruption free' status to any person from political parties, companies, organisations, etc... 

    Meanwhile, MACC deputy chief commissioner (prevention) Shamsun Baharin Mohd Jamil, in commending Gerakan for their effort, said other political parties could also submit their list of candidates to ensure they were free of corruption.
    THIS IS MY OPINION. WHAT DO YOU THINK?




    - Just wondering whether the current MPs/Senators and ADUNs have been transparent about their income and other financial interest, and that of their close family members? Have they put these Declarations for all to see - maybe on their websites? 

    - Sadly, a lot of alternative Opposition parties have also failed to do this for most of their MPs/ADUNs/Senators...one MP that did so is Dr Kumar Devaraj...maybe there were some others too..but most, I believe did not. I have been calling on Azmin and other wakil rakyat to do that - their failure may only suggest that there are things that they want to hide from the public...

    Declaration of Assets - MB and Exco Members must declare their income and assets immediately on appointment - and thereafter periodically every 6 months... This must include those of spouse, children, siblings and family members. [In the event any project of the State government or its various entities are awarded to any company or entity which is any way connected to the MB, Exco Members or political leadership of the

    Selangor, Azmin, Constitution Amendment, PKNS Scandal?, RM3 Billion,Open Letter by MI, Things to do ...?

    PR parties, this information must be immediately disclosed.]- Selangor, Azmin, Constitution Amendment, PKNS Scandal?, RM3 Billion,Open Letter by MI, Things to do ...?

    I have also recently proposed the same - in my proposal as to what needs to be done to prevent the allegations Malaysia faces now - 1MDB? GLCs? WHAT CAN BE DONE by Federal/State governments to avoid 'kelptocracy' and abuses?

    GERAKAN may want to consider these proposals and adopt them...serious measures is needed to make Malaysia 'corruption free'... 

     

    MACC to vet Gerakan candidates for GE14

    Bernama     Published     Updated

    The Gerakan party will enter a pact with the Malaysian Anti-Corruption Commission (MACC) to ensure that only corruption-free candidates are eligible to contest in the 14th general election.

    Its president Mah Siew Keong said the agreement with MACC expected to be signed in January next year was to identify corruption-free candidates that would stand as party candidates for the 45 parliamentary and state seats.

    "In the 13th general election, Gerakan contested in 11 parliamentary and 34 state seats," he told reporters after a briefing and dialogue session with the MACC at the party's headquarters in Kuala Lumpur today.

    He said MACC would vet the candidates and make an announcement on those who had passed the MACC screening.

    The party's central committee had decided that names of those who failed in the MACC screening would be removed from the Gerakan candidate list, he said.
    Mah added that under the agreement, MACC would also hold anti-corruption programmes such as talks, training sessions and briefings for party leaders and potential candidates in strengthening integrity and to give members a better understanding of corruption issues.
    He hoped all political parties would organise similar programmes with the MACC to overcome the people's negative perception of political parties.

    Meanwhile, MACC deputy chief commissioner (prevention) Shamsun Baharin Mohd Jamil, in commending Gerakan for their effort, said other political parties could also submit their list of candidates to ensure they were free of corruption.

    "MACC has been helping political parties hold special courses for high level and grassroots members to make them aware of the role and responsibilities of MACC and at the same time work together to fight corruption," he said.

    - Bernama

    52 Korean Groups - Stop Oppressing BERSIH, Immediately Release Maria, Abolish SOSMA

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    Malaysia: Stop Oppressing Bersih
    Immediately Release Maria Chin Abdullah, Chair of Bersih
    Abolish SOSMA, which violates the exercise of fundamental human rights

    (24 November 2016, Seoul) On 18 November 2016, Malaysian authorities raided the office of Bersih, a civil society organizing campaigns for clean free and fair elections, and arrested its chair Maria Chin Abdullah and secretariat manager Mandeep Singh. Before and after the 19 November Bersih 5 protest, 16 Bersih organisers and supporters were arrested. Among those arrested, Maria Chin Abdullah is still being detained up to date since 18 November while others were released. 
     
    52 South Korean civil society organisations strongly urge the government of Malaysia to immediately drop all charges against Bersih members and supporters and to ensure the right to freedom of peaceful assembly and associations and freedom of expression. Most urgently, we call upon the immediate release of Maria Chin Abdullah arrested under the alleged violation of Security Offences (Special Measures) Act 2012 (SOSMA). Detaining Maria Chin Abdullah is an arbitrary detention and a cruel, inhumane, and degrading treatment which is a serious violation of fundamental human rights.

    SOSMA that Maria Chin Abdullah is charged under was enacted in replacement of Internal Security Act in 2012. According to this act, in the case of “for the purpose of maintaining public order and security and for connected matters,” the authorities may undertake incommunicado detention for up to 48 hours and detain in undisclosed location without trials. If convicted, she faces up to 15 years of imprisonment. Her lawyer reported that she is being detained in a windowless cell with no bed and with two light bulbs kept on for 24 hours a day. Malaysian authorities must immediately release Maria Chin Abdullah and abolish SOSMA that may seriously violate human rights.

    Bersih (which means “clean” in Malay) has continued to organize peaceful assemblies calling for clean and fair elections since 2010. During the Bersih 5 assembly held on 19 November 2016, thousands of people dressed in yellow shirts to represent Bersih movement called for Prime Minister, Najib Razak’s resignation who has been criticized for alleged corruption. However, the authorities are repressing and cracking down Bersih protesters by referring to them as “illegal” and 16 Bersih activists and supporters were arrested before and after the assembly. Now everyone except Maria Chin Abdullah, was released but they may face charges for violating its Penal Code Section 124 (c), 147, 153, and 511 and the Sedition Act. The UN Special Rapporteur on the right to freedom of peaceful assembly and association, Maina Kiai, also expressed concern related to the issue that they are a “pre-emptive restriction assembly rights.”

    The right to peaceful assembly and associations is a fundamental human right as ensured in the Constitution of Malaysia and the International Covenant on Civil and Political Rights (ICCPR). If the government is to truly respect its Constitution and international human rights laws, the Malaysian authorities must immediately drop all charges against the Bersih organizers and supporters and release Maria Chin Abdullah who has been detained in inhumane condition. The government cannot restrict the people’s will to fight for their legitimate and fundamental rights, no matter how strong the control, inspection and repression may be. We express our deepest and strong solidarity to Bersih activists and supporters who are fighting for democracy and human rights in Malaysia.

    For further information, please contact Ms. Gayoon Baek (People’s Solidarity for Participatory Democracy) at pspdint@pspd.org, +82 (0)2 723 5051

    The statement is endorsed by below 52 South Korean NGOs:
    1. Asian Dignity Initiative
    2. Gonggam Human Rights Law Foundation
    3. Immigrants Advocacy Center Gamdong
    4. Korean Confederation of Trade Unions
    5. Korean Lawyers for Public Interests and Human Rights
    6. MTU-Migrant Trade Union
    7. People's Solidarity for Participatory Democracy
    8. PINKS : Solidarity for Sexually Minor Cultures & Human Rights
    9. ‘SARAM’ Center for Human Rights
    10. Solidarity for Asian Human Rights and Culture
    Korean Networks of Human Rights Groups
    11. Action for Youth Rights(ASUNARO) 
    12. Buddhism Human Rights Committee 
    13. Catholic Human Rights Committee
    14. Cheongju Labor Human Rights Center
    15. Cultural Action 
    16. DASAN Human Rights Center
    17. Democratic Legal Studies Association
    18. Disability and Human Rights in Action
    19. Disabled People’s International Korea
    20. Geochang Peace and Human Rights Art Festival Commission
    21. Gwang-Ju Human Rights Center 'Hwal JJak'
    22. Human Rights Education Center 'Deul' 
    23. Human Rights Solidarity for New Society
    24. Joint Committee with Migrants in Korea
    25. Korea HIV/AIDS Network of Solidarity KANOS 
    26. Korean Coalition for Abolishment of Insecurity Employment
    27. Korean Contingent Workers' Center
    28. Korean Council for Democratic Martyr
    29. Korean Gay Men's Human Rights Group 'Chingusai'
    30. Korean House for International Solidarity 
    31. Korean Progressive Network 'Jinbonet'
    32. Korean Sexual-Minority Culture and Rights Center
    33. Labor Attorneys for Labor Rights
    34. Migrants Human Rights Solidarity
    35. MINBYUN-Lawyers for a Democratic Society
    36. Minkahyup Human Rights Group
    37. Network of Accessible Environment for All
    38. People's Solidarity for Social Progress
    39. Protesting Against Poverty & Discrimination Solidarity for Human Rights
    40. Samsung Labor Watch
    41. SARANGBANG Group for Human Rights
    42. Seoul Human Rights Film Festival 
    43. Solidarity against Disability Discrimination
    44. Solidarity for HIV/AIDS Human Rights Nanuri+
    45. Solidarity for LGBT Human Rights of Korea
    46. Solidarity for Peace & Human Rights
    47. The Committee to Support Imprisoned Workers
    48. The National Council of Churches in Korea Human Rights Center
    49. The Research Institute of the Differently Abled People Rights in Korea 
    50. Ulsan Solidarity for Human Rights 
    51. Won Buddhism Human Rights Committee
    52. World Without War


    80 Groups - Free Maria Chin, Abolish SOSMA!

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    Free Maria Chin, Abolish SOSMA!

    We, the undersigned civil society organizations, strongly condemn the detention of the chairperson of Bersih 2.0, Maria Chin Abdullah, on 18 November 2016 for 28 days under the new Internal Security Act (ISA) – the draconian Security Offence (Special Measures) Act 2012 (SOSMA). 

    We reiterate that the right to freedom of peaceful assembly and freedom of expression of the people are guaranteed by the Federal Constitution. The Bersih 5 rally had been very peaceful and conducted without any untoward incidents despite repeated violence and provocation from the red shirts before the rally. The act of the police in arresting leaders of civil society movements and opposition parties before they could exercise their constitutional rights is not only mala-fide, but also a blatant abuse of powers in violation of the Federal Constitution. 

    We are further outraged with the use of the draconian SOSMA against Maria Chin Adullah. When SOSMA was legislated in 2012 to replace the infamous ISA which was abolished after widespread opposition from the people, the government assured the public that the new legislation that gave extensive powers to the police would only be used against terrorists and that “no person shall be arrested and detained for his or her political beliefs and activities.” Those members of parliament that ignored the criticism of the civil society and passed the law should now be held accountable. 

    Clearly, Maria Chin Abdullah is no terrorist. The use of SOSMA against Maria Chin Abdullah to stop her from leading the Bersih 5 rally, and previously against Khairuddin Abu Hassan and Matthias Chang to stop them from lodging complaints of corruption in 1MDB overseas, have proven that when such a powerful legislation is given to the government, it will not hesitate to use it to cover-up the abuse of powers and corruption in the government. 

    We reiterate our concerns that the prolonged 28 days of detention under the SOSMA with limited access to legal representation and family is a blatant violation of international human rights laws. The International Covenant on Civil and Political Rights provides that no one should be subject to arbitrary arrest and detention and that anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to be released.

    The 28 days of prolonged detention without judicial oversights such as disallowing the detainees to have access to lawyers and family members will only facilitate the practice of torture, either mental or physical or both. 

    We condemn the use of a secret detention place by the police in detaining Maria Chin. The use of secret detention center is totally unacceptable in a civilized society. All detention centers must be made public and subject to public scrutiny to ensure that they are operated in accordance to the law and the rights of the detainees. 

    We are therefore extremely concerned with the mental and physical wellbeing of Maria Chin Abdullah who is being held in solitary confinement in a cell with no windows and where the lights are kept on for 24 hours. Such detention environment is inhumane and constitutes a form of torture under international human rights laws. 

    We demand the release of Maria Chin Abdullah immediately and unconditionally. 

    We demand that Maria Chin Abdullah have unlimited access to lawyers and her family members whilst she is still under detention

    We demand that the authorities preserve and ensure the mental and physical wellbeing of Maria Chin Abdullah while in detention and that she is accorded prompt medical treatment when required.

    We call on the National Human Rights Commission to visit Maria Chin Abdullah regularly at the secret detention place to ensure her rights and wellbeing.

    We call upon the Inspector General of Police to be more professional and transparent to uphold the law and demand the government to abolish the draconian SOSMA.

    Endorsers:
    1.      Akademi Belia
    2.      All Women’s Action Society (AWAM)
    3.      Anak Muda Sarawak (AMS)
    4.      Angkatan Warga Aman Malaysia (WargaAMAN)
    5.      Article 19, London, United Kingdom
    6.      Association of Women Lawyers (AWL) 
    7.      Baramkini
    8.      Bersih Sibu
    9.      Center for Orang Asli Concerns (COAC)
    10.  The Centre to Combat Corruption & Cronyism (C4)
    11.  Council of Churches of Malaysia (CCM)
    12.  ENGAGE
    13.  G25
    14.  Greenfriends Sabah
    15.  Institut Kajian Dasar (IKD)
    16.  Islamic Renaissance Front (IRF)
    17.  Japan Graduates Association,Malaysia (JAGAM)
    18.  Jaringan Orang Asal SeMalaysia (JOAS)
    19.  Jaringan Rakyat Tertindas (JERIT)
    20.  Jawatankuasa Bertindak Kuala Lumpur Tak Nak Insinerator
    21.  Jihad for Justice
    22.  Johor Yellow Flame (JYF)
    23.  Kuala Lumpur and Selangor Chinese Assembly Hall (KLSCAH)
    24.  Kuen Cheng Alumni Association 
    25.  Kumpulan Aktivis Mahasiswa Independen (KAMI) 
    26.  LLG Cultural Development Centre (LLG)
    27.  Malaysians Against Death Penalty and Torture MADPET
    28.  Malaysian Indians Progressive Association (MIPAS)
    29.  Malaysian Indians Transformation Action Team (MITRA)
    30.  Malaysian Network of Engaged Buddhists
    31.  Malaysian Physicians for Social Responsibility (MPSR)
    32.  Malaysia Youth & Students Democratic Movement (DEMA)
    33.  Malaysian Youth Care Association (PRIHATIN)
    34.  Mama Bersih 
    35.  Muslim Professionals Forum (MPF)
    36.  National Indian Rights Action Team (NIAT)
    37.  Negeri Sembilan Chinese Assembly Hall (NSCAH)
    38.  One Race – Human Race
    39.  Oriental Hearts and Mind Study Institute (OHMSI)
    40.  Partners of Community Organizations in Sabah (PACOS Trust)
    41.  Pemuda Sosialis 
    42.  People Welfare And Rights Organisation (POWER)
    43.  Perak Women for Women Society (PWW)
    44.  Persatuan Aliran Kesedaran Negara (Aliran)
    45.  Persatuan Alumni PBTUSM Bahagian Utara
    46.  Persatuan Alumni PBTUSM Kuala Lumpur dan Selangor 
    47.  Persatuan Bekas Siswazah Universiti dan Kolej di China, Malaysia(LiuHua)
    48.  Persatuan Kesedaran Komuniti Selangor (EMPOWER)
    49.  Persatuan Masyarakat Sel dan Wilayah Persekutuan (PERMAS)
    50.  Persatuan Meditasi Prajna Kuala Lumpur & Selangor 
    51.  Persatuan Penganut Buddha Bodhi Kuala Lumpur (PPBBKL)
    52.  Persatuan Rapat Malaysia (RAPAT)
    53.  Persatuan Sahabat Wanita, Selangor (PSWS)
    54.  Pertubuhan IKRAM Malaysia (IKRAM)
    55.  Pertubuhan Pembangunan Kebajikan Dan Persekitaran Positif Malaysia (SEED)
    56.  Projek Dialog
    57.  Pusat KOMAS
    58.  Raub Ban Cyanide Action Committee (BCAC)
    59.  Sabah Women's Action Resource Group (SAWO)
    60.  Sahabat Rakyat
    61.  Sarawak Access (SACCESS)
    62.  Save Open Space, Kota Kinabalu, Sabah
    63.  Saya Anak Bangsa Malaysia (SABM)
    64.  The Society for the Promotion of Human Rights (PROHAM)
    65.  Student Progressive Front USM
    66.  Student Progressive Front UUM
    67.  Sunflower Electoral Education Movement (SEED)
    68.  Sisters in Islam (SIS)
    69.  SUARAM Malaysia
    70.  Tenaganita
    71.  Teoh Beng Hock Trust for Democracy
    72.  Tindak Malaysia (TM)
    73.  USM Tionghua Language Society
    74.  We Are Malaysians
    75.  Women’s Aid Organisation (WAO)
    76.  Women’s Centre for Change (WCC)
    77.  Women Development Organisation of Malaysia PJ branch
    78.  Writer Alliance for Media Independence (WAMI)
    79.  Vajrayana Buddhist Council of Malaysia 
    80.  Young Buddhist Association of Malaysia (YBAM)
    Inline image 1
    From left, Ireza (No. 54 in endorsee list - SEED), Cheng Su Chean (No. 23 - KLSCAH), Nalini (No. 5 - Art 19), Dasan (No. 28 - MIPAS), Ahmad Muziru (No 16 - IRF), Christopher Chong (No 44 - Aliran), Ho Yock Lin (No 2 - AWAM), Noor Farida Ariffin (No 13 - G25), R.S. McCoy (No. 31 - MPSR), and Ryan Chua (No 57 - KOMAS)
    Sitting from left, Cynthia Chin (Maria Chin's sister), Zaid Kamaruddin (GBM chair and Deputy President of IKRAM - No 54) and Shahrul Aman (Acting Chair of Bersih 2.0)0


    Pope Francis's words relevant to Malaysia - Corruption, Reaction of the corrupted, and what we must continue doing?

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    With the allegations of corruption, abuse of power, kleptocracy, wrongdoing (including actions to possibly protect the 'guilty'), ...involving possibly the Malaysia's Prime Minister, M01, public officials, government owned companies like 1MDB and related companies...and the responses by the current government against Maria Chin and others, BERSIH 5,..it was interesting to come across what Pope Francis had said about this...and see how true his observations may have been when it comes to corruption and the possibly 'corrupted'...in Malaysia today.

    There are few things more difficult than breaching a corrupt heart: “So is he who lays up treasure for himself, and is not rich toward God” (Lk 12:21). When a corrupt person’s private situation becomes complicated, he knows all the loopholes to escape, as did the dishonest steward of the Gospel (cf. Lk 16:1-8).

    A corrupt person passes through life with shortcuts of opportunism, with an air of one who says: “It wasn’t me”, managing to internalize his ‘honest man’ mask. It is a process of internalization.
    Well, we recall the fact that billions of ringgit was discovered in personal bank accounts of Najib Razak, and his initial response was that this was not for his personal use...and generally silence after that. (I do not recall our Prime Minister personally giving us Malaysians an explanation...do you?)


    It was alleged that it was a donation by some Arab...and then it was also disclosed by the Attorney General that the unutilized balance had been returned to the unnamed donor...but if it was an honest donations with no strings attached, why return the money. 

    Anyway, Malaysian Attorney General said no crime and ordered investigations closed ...but unfortunately even if Malaysian authorities said so, this case remains very much an open issue in many other countries...and most Malaysians are also unconvinced about the conclusions reached..

    The corrupt person cannot accept criticism; he discredits those who criticize; he seeks to diminish any moral authority that may call him into question; he does not value others and attacks with insults whomsoever may think in a different way. Should opportunity permit, he persecutes anyone who contradicts him.
     Well, did it not also happen in Malaysia...is it also still not happening, and the lastest victim now is Maria Chin...and there have also been attempts to discredit BERSIH...foreign fundings...CIA? 

    Maria Chin revealed to SUHAKAM that she had just been questioned for 3 hours - if so, really there was no justification to detain her for so long - as she really is only a suspect. In fact, like so many others including Najib himself, the police and/or other investigating bodies could have just met her and questioned her without even the need for any arrest and detention. 

    Using SOSMA, a law that provides for special measures that can be used in cases of security offences, her post arrest detention has simply been extended to 28 days on the order/instructions of a police officer with the rank of Superintendent or above (still no disclosure as to who this officer was, or whether he acted on orders from someone?). 



    In normal criminal procedure, to prevent police abuse of powers, and possibly even torture, the police can detain a suspect for more than 24 hours only if their application to the Magistrate is successful. The Magistrate ensures that the police is not unnecessarily detaining a suspect - he/she judiciously considers all arguments from the police and the suspect(who can and generally is represented by a lawyer) before granting an order for further remand - and for how long. Anecessary check and balance to prevent the police from abusing their powers...

    Corruption is expressed in an atmosphere of triumphalism because the corrupt person considers himself a winner. He struts about in that environment in order to belittle others. The corrupt person knows neither brotherhood nor friendship, but complicity and enmity. The corrupt one does not perceive his corruption. It is somewhat like what happens with bad breath: the person who has it is ser this reason it is unlikely that the corrupt person will be able to recognize hildom aware of it; it is the others who notice it and have to tell him about it. Fos state and change through inner remorse.

    Well, it may be like 'bad breath' - but now a lot people have highlighted this...and surely the possibly 'guilty' (never guilty until proven in a court after a fair trial) is obvious. Or has corruption and/or kleptocracy become a norm, an acceptable practice that is no longer a wrong or a sin. Well, maybe the corrupt and their 'friends' may believe so, but obviously the people do not. The participation of about 100,000 or more that came out...and now the over 40,000 who have signed the online petition  do not believe so. But alas, the reaction of 1MDB, its related companies and some public officials is disturbing...

    UMNO-BN component parties also seem not to be bothered - and their silence or complicity will only undermine the image of these parties, their leaders and members. GERAKAN, for instance, seem to have taken a stand to suppress critics - an attempt was made by a leader to get Christians and Churches to not get involved in this issue. Is it political - no, it is not for it has a direct impact for all of us in Malaysia - where we now see an increase of cost of living, an increase in the cost of even healthcare....The problem still exist, and now all Malaysians and others have no choice but to act...

    The Lord, however, does not tire of knocking at the doors of the corrupt. Corruption is no match for hope.

     Well, do we give up?. Well, Pope Francis however says that we should never give up - he says that we should 'not tire of knocking at the doors of the corrupt'. In the Bible, there is a story of a widow who went seeking justice to the Judge. She knocked and knocked at the door until finally the Judge could not ignore it any more, and had to act. Likewise, we too need to be persistent in our demand of justice - not simply making a single call, or issuing a single statement - but being persistent in our demand for justice...and Malaysians have been...Despite the threat of being arrested, detained and/or charged for a variety of offences like Sedition, doing 'acts detrimental to parliamentary democracy'(which no one really knows what it is), Printing Presses and Publication Act, Multimedia Acts, etc  - we have not tired or given up demanding for justice to be done. 

    We have lost online newspapers like Malaysian Insider and Malaysian Chronicle...we have had people arrested, charged and even convicted for various offences - but Malaysians and the people of the world are tiredlessly still knocking at the doors of justice ...and we are proudly doing it all in a peaceful manner. Bravo...



    Pope Francis gives us hope....he says that 'corruption is no match for hope' - hence, if we are persistent, we will succeed.

    Corruption is a greater ill than sin. More than forgiveness, this ill must be treated. Corruption has become natural, to the point of becoming a personal and social statement tied to customs, common practice in commercial and financial transactions, in public contracting, in every negotiation that involves agents of the State. It is the victory of appearances over reality and of brazenness over honourable discretion.

    DAP, PKR and some of our Opposition parties and politicians may be 'happy' that our attention seem to be focussed on Najib and the UMNO BN but they have certainly lost their moral authority...to now demand for the resignation of Najib or the Cabinet. Why? Because Lim Guan Eng did not resign as Chief Minister in the face of allegations (and now a charge) of corruption, kleptocracy and/or abuses of power. 

    “Following the disagreement of PKR to a state general election, the DAP will not proceed with proposal for a state general election,”.... justifiable concern about the state general election was raised, in that PKR risked losing more seats than DAP

    I am of the position that when a Prime Minister/Chief Minister/Menteri Besar and/or member of the Cabinet or State Exco is faced with allegations of corruption, abuse of power and/or kleptocracy especially if related to the carrying out of his/her duty as a public officer and leader of government, the correct principled and moral thing to do is to resign, OR to confirm their mandate to continue to govern which means calling for an immediate Elections. If the people still vote you into power - then you confirm that you still have the mandate to govern, despite the allegations. The same may not apply to an MP or ADUN - you can remain until you are convicted, and have exhausted all appeals. Remember that Lim Guan Eng and DAP's excuse for not calling a fresh elections was because their Pakatan partners did not agree. A risk of losing seats is not a justifiable reason...to avoid doing the right thing in this case > No 'snap elections' - no renewed mandate that shows that people still want Lim Guang Eng as Chief Minister, despite corruption allegation, - hence no choice but to simply resign...

    In the case of Najib, he possibly has also the same excuses as PKR and DAP - the BN MPs and component parties have not lost confidence in him continuing to be Prime Minister. 


    As such, there is no difference in the position taken by Najib and Lim Guan Eng, UMNO-BN or the Opposition Pakatan, or is there?

    True, 'friends' will be with you and 'enemies' will be against you - but ultimately for any leader facing alleged corruption, especially relating to public office, they must go back to the people for a renewed mandate...or honourably resign... 

    Maybe, Lim Guan Eng and the Opposition government will re-consider, and call for a snap elections, or alternatively Guan Eng must resign as Chief Minister...we shall see...will they do the morally right and principled thing? If they do not, then even if the current Federal government PM was Wan Azizah - we will still be in the same position...as we are now...

    Are the Opposition States doing anything to prevent kleptocracy at State level? 

    Likewise, the same 'risks' involving government owned companies and GLCs also will exist in the States - and they have to date NOT taken any steps to ensure that similar corruptions, abuses and kleptocracy does not happen in their state. Azmin too, the Menteri Besar, of Selangor has not even declared his income and interests publicly(as far as I know) - is he earning more than his salary/allowance as MP, ADUN and Menteri Besar - is he also pocketing Director allowances from State owned companies and GLCs, or is other money/benefits flowing from these GLCs and government owned companies. Is he and/or PKR also benefiting from acts of 'kleptocracy'. I made some concrete proposals as to what can be done in my earlier posts. 1MDB? GLCs? WHAT CAN BE DONE by Federal/State governments to avoid 'kelptocracy' and abuses?

    Malaysians deserve clean and uncorrupted peoples' representatives and government, and our options are not that good at the moment...unless..

    Every year, the Auditor General's report discloses 'abuses' and failings resulting in losses of millions - but then there seem to be no investigation and prosecution of those responsible. 'Internal' disciplinary measures like transfers or demotions is not the solution - we need to see transparent actions taken against the guilty - and, we also need to know if the monies lost is recovered. We cannot affort unnecessary loss of peoples' money. Example of this - A-G report: Digital scale priced at RM800 bought at RM8,000 by Pahang college

    CORRUPTION, KLEPTOCRACY and ABUSES OF POWER must be battled and eliminated at all levels, and the persons responsible must be investigated, charged and persecuted in our courts. 

    _ * _
    ADDRESS OF POPE FRANCIS
    TO THE DELEGATES OF THE INTERNATIONAL ASSOCIATION OF PENAL LAW
    Hall of Popes
    Thursday, 23 October 2014
    b) Regarding the crime of corruption
    The scandalous concentration of global wealth is made possible by the connivance of public leaders with the powers that be. Corruption is in and of itself a death process: when a life is ended, there is corruption.
    There are few things more difficult than breaching a corrupt heart: “So is he who lays up treasure for himself, and is not rich toward God” (Lk 12:21). When a corrupt person’s private situation becomes complicated, he knows all the loopholes to escape, as did the dishonest steward of the Gospel (cf. Lk 16:1-8).
    A corrupt person passes through life with shortcuts of opportunism, with an air of one who says: “It wasn’t me”, managing to internalize his ‘honest man’ mask. It is a process of internalization. The corrupt person cannot accept criticism; he discredits those who criticize; he seeks to diminish any moral authority that may call him into question; he does not value others and attacks with insults whomsoever may think in a different way. Should opportunity permit, he persecutes anyone who contradicts him.
    Corruption is expressed in an atmosphere of triumphalism because the corrupt person considers himself a winner. He struts about in that environment in order to belittle others. The corrupt person knows neither brotherhood nor friendship, but complicity and enmity. The corrupt one does not perceive his corruption. It is somewhat like what happens with bad breath: the person who has it is ser this reason it is unlikely that the corrupt person will be able to recognize hildom aware of it; it is the others who notice it and have to tell him about it. Fos state and change through inner remorse.
    Corruption is a greater ill than sin. More than forgiveness, this ill must be treated. Corruption has become natural, to the point of becoming a personal and social statement tied to customs, common practice in commercial and financial transactions, in public contracting, in every negotiation that involves agents of the State. It is the victory of appearances over reality and of brazenness over honourable discretion.
    The Lord, however, does not tire of knocking at the doors of the corrupt. Corruption is no match for hope.
    What can criminal law do against corruption? There are now many conventions and international treaties on the subject and a proliferation of offenses defined and directed at protecting not so much the citizenry, who are definitively the ultimate victims — especially the most vulnerable — as to protect the interests of those operating the economic and financial markets. 
    Criminal punishment is selective. It is like a net that catches only the little fish, while it leaves the big fish free in the ocean. The forms of corruption that most need to be addressed are those which cause severe social harm — such as, for example, serious fraud against the public administration or dishonest administrative practices — shown by any type of obstruction of justice intended to gain impunity for one’s own misdeeds or for those of third parties.


    ****

    No snap polls for Penang – Lim Guan Eng 

    pakatan dap lim guan eng
    GEORGE TOWN,   July 31 :  Chief Minister Lim Guan Eng said today DAP would not press ahead with their proposal to dissolve the Penang state assembly and conduct a snap election.

    Lim said the decision was made as the DAP proposal did not get the support of its Pakatan partner, PKR which risked losing more seats than DAP.

    “Following the disagreement of PKR to a state general election, the DAP will not proceed with proposal for a state general election,” he told a press conference here today.

    He said PKR Deputy President Datuk Seri Mohamed Azmin Ali informed that PKR leadership did not agree with having early polls.

    Mohamed Azmin, PKR Vice President Nurul Izzah Anwar and PKR Election Strategy Director Saifuddin Nasution had met him in Penang on July 20 to listen to DAP’s reasons for a state election, he said.

    He said during the meeting, justifiable concern about the state general election was raised, in that PKR risked losing more seats than DAP.

    “A proposal was made for DAP to give up one or two of our existing state seats to PKR to make the proposal more acceptable to the PKR leadership, however we stated that this was not feasible,” he said.

    The Penang state legislative assembly has 40 seats, of which 19 are held by DAP, 10 by PKR, 10 by Barisan Nasional and one by PAS.

    Local media recently reported Deputy Chief Minister II P. Ramasamy as saying that DAP had listed two options as a response to the two corruption charges filed against Lim, who is also DAP secretary-general.

    The first option was to hold a snap election to gauge the people’s response to the charges against Lim, and the second was to wait for the next general election due in August 2018.

    Lim was charged in the High Court on June 30 on two counts of corruption related to conversion of an agricultural zone to a housing zone as well as the purchase of land and bungalow at below market price. – BERNAMA - Malaysian Times, 31/7/2016


    # I am positive that Islam, Buddhism, Hinduism, Sikkism and the other religions of the people of Malaysia would also hold similar positions about corruption, kleptocracy... It is my hope that people will share their thoughts on this.

    Malaysia: Chair of Electoral Reform Movement – Bersih 2.0, Maria Chin Should be Released ( Asia Democracy Network (ADN) ]

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    25 November 2016

    Malaysia: Chair of Electoral Reform Movement – Bersih 2.0, Maria Chin Should be Released 

     (Seoul, 25 November 2016) The Asia Democracy Network (ADN) condemns the arbitrary arrest and detention of Maria Chin Abdullah, the chairperson of the electoral reform movement, Bersih 2.0, on broad and dubious charges of undermining parliamentary democracy. 


    We deplore the police for invoking the Security Offences (Special Measures) Act 2012 (SOSMA) in detaining Maria Chin Abdullah. It is mala-fide and an abuse of power as the SOSMA was originally passed by the government on justification to fight terrorist and gave the police extensive powers of detaining a person for a maximum of 28 days without trial.

    Campaigning for free and fair election is not a crime, and certainly is not a security issue. Free and fair election does not undermine parliamentary democracy but building it.

    The Malaysian government should prosecute Maria Chin Abdullah and prove the charges against her in court or else she should be released. It is a blatant violation of the right to be presumed innocent before proven guilty by detaining Maria Chin Abdullah for a prolonged 28 days under the draconian SOSMA merely to investigate charges against her.

    The presumption of innocence, the burden of proof is on the prosecution that a person is innocent until proven guilty, is a legal right and also regarded as an international human right in the United Nations Universal Declaration of Human Rights. Therefore, the police should investigate and gather sufficient evidence to prove their case against Maria Chin Abdullah before an arrest is made.

    The arrest and detention of Maria Chin Abdullah is clearly in bad faith as it was made a day before the Bersih 5 rally, which was attended by 150,000 protesters calling for sweeping institutional reform, including clean elections and the stepping down of Prime Minister Najib Razak after 700 million USD was found to be channeled into his personal bank accounts in the 1MDB scandal.

    We are gravely concerned with the detention conditions of Maria Chin Abdullah under the SOSMA with no bail allowed and limited access to her lawyers and family members. She is detained in solitary confinement in a secret detention cell with no windows, no mattress and blanket and the lights are kept on 24 hours, which deprives her of sleep. Such detention conditions constitute a form of torture under international human rights laws.

    We call on the Malaysian government to release Maria Chin Abdullah immediately and unconditionally.
    For inquiry, please contact:
    1. Anselmo Lee, Secretary General, Asia Democracy Network, email:asiademocracynetwork@gmail.com
    2. Yap Swee Seng, Advocacy Director, Asia Democracy Network, email: yapsweeseng@gmail.com
    ADN Steering Committee: 
    1. Asia Forum for Human Rights and Development (FORUM-ASIA)
    2. Asian Network for Free Elections (ANFREL)
    3. Asia Development Alliance (ADA)
    4. Global Partnership for the Prevention of Armed Conflict (GPPAC) Asia
    5. Migrant Forum in Asia (MFA)
    6. International NGO Forum on Indonesian Development (INFID)
    7. Participatory Research in Asia (PRIA)/ Asia Democracy Research Network (ADRN)
    8. People’s SAARC
    9. Southeast Asia Committee for Advocacy (SEACA)

    Execution of Malaysian Devendran a/l Supramaniam and Nigerian by Singapore 18/11/2016

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    JOINT STATEMENT
     
    Local and International groups express solidarity for the families of executed prisoners in Singapore

    26 November2016– We, the undersigned organisations, condemn the shameful execution of a Nigerian national, Chijioke Stephen Obioha, and a Malaysian national, Devendran a/l Supramaniam in Singapore on 18 November 2016, which runs counter to global trends towards abolition of capital punishment. Around the same time, at the 50th and 51st meeting of the UN General Assembly's Third Committee’s 71stsession proceedings, the Singapore representative introduced amendments, undermining the spirit of the draft resolution calling for a moratorium on the death penalty, supported by states such as Syria, Egypt and Bangladesh.

    We remain appalled that Singapore continues to execute people in contravention of international law and standards. The two men were sentenced to mandatory death penalty, after being convicted of drug trafficking, which does not meet the threshold of the “most serious crimes”.

    In July 2011, during its first Universal Periodic Review (UPR), Singapore accepted a recommendation that called on the government to make available statistics and other factual information on the use of the death penalty (A/HRC/18/11, para. 95.15). The lack of transparency in relation to the scheduled executions therefore remains deeply concerning and prevents informed and meaningful debates in the country on the retention of this punishment.

    We would like to express our regret and share in the disappointment of the families of the executed men. We oppose the use of capital punishment in all circumstances, as a violation of human rights which can never be justified under the flawed assumption that it has a unique deterrent effect.

    Signatories:

    Singapore
    Function 8
    Humanitarian Organization for Migration Economics (HOME)
    Project X
    Singapore Anti-Death Penalty Campaign (SADPC)
    Think Centre
    We Believe in Second Chances
    Malaysia
    Suara Rakyat Malaysia (SUARAM)
    Malaysians Against Death Penalty & Torture (MADPET)
    Indonesia
    Human Rights Working Group (HRWG)
    International Groups and Networks
    Amnesty International (AI)
    Asian Forum for Human Rights and Development (FORUM-ASIA)
    Anti-Death Penalty Asia Network (ADPAN)
    Coalition for the Abolition of the Death Penalty in ASEAN (CADPA)
    Ensemble contre la peine de mort (ECPM)
    Franciscans International (FI)
    Human Rights Watch (HRW)
    International Commission of Jurists (ICJ)
    International Federation for Human Rights (FIDH)
    World Coalition Against the Death Penalty (WCADP)


    For further information please contact Think Centre.
    Email: thinkcentre@hotmail.com        Tel: +65 94791906

    4/12/2016 - Peaceful Assembly/Perhimpunan Aman - Isu Rohingya?

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    Let us all join the PEACEFUL ASSEMBLY on 4/12/2016 about the Injustice Against Rohingya. AYUH, KITA SEMUA TURUN MENYERTAI PERHIMPUNAN AMAN PADA 4 DISEMBER INI. The failure of Myanmar to prevent this gross injustice that is ongoing is shocking...

    “The major gathering on Dec 4 is to express our concern over the violence taking place on the Rohingya,” he[Ahmad Zahid Hamidi] said.

    Shameful that ASEAN member nations keep quite when there are human rights violations and injustices befalling members of the ASEAN community of people is some ASEAN member nation. ASEAN has got an ASEAN Declaration of Human Rights and various other declarations/statements that do give the impression ASEAN and its member nations do really respect and care about human rights, women rights, child rights, migrant rights - but alas, for a long time, this has been mere 'decorative' exhortations...that is until Malaysia broke the silence and spoke out against Myanmar, a fellow member state of ASEAN, with regards to the injustices and human rights violations befalling the Rohingya people. 

    "Malaysia also calls on the government of Myanmar to take all the necessary actions to address the alleged ethnic cleansing in the northern Rakhine State," the ministry said in a statement."The ministry will summon the ambassador of Myanmar to convey the government of Malaysia’s concern over this issue," it added, without giving a timeframe.
    As we all know, Malaysian Prime Minister Najib and his government is also facing much criticism in Malaysia - allegation of 'kleptocracy', corruption and other abuses relating to billions of ringgit found in the Prime Minister's personal bank account, matters related to 1MDB, SRC and other government-owned and/or linked company...all of which have been compounded by the fact of legal proceedings commenced  in the US, and investigations and actions in many other different countries like Singapore and Switzerland. 


    There has also been an assault on many human rights defenders in Malaysia like Maria Chin, the chairperson of BERSIH, who was arrested a day before the planned BERSIH 5 Peaceful Assembly, which saw between 40,000 - 100,000 people turning up on 19/11/2016 despite the risk of arrest and possible crackdown. Maria, was then further detained using the SOSMA - a draconian law that allows for special measures to be used - that even allows further detention without judicial intervention of a suspect for 28 days. The normal criminal procedure requires the police to apply to a Magistrate for a remand order if they do want to detain a suspect for the purposes of further investigation.

    On such applications by the police, the Magistrate carefully listens to the arguments of both the police and the suspect(who will be represented by a lawyer, and then decides whether the grant the police application or not, and how many days of detention will be permitted for the purpose of investigation. In the recent case of Zunar, a cartoonist, the police applied for 4 days but the Magistrate only allowed 1 day.

    Maria Chin, after much public outcry, was finally released on yesterday(28/11/2016), one day before the scheduled habeas corpus hearing...and guess what because she had been released the court did not proceed with the hearing...Was the arrest and detention thereafter under SOSMA legal or not? The courts have still not decided & I believe that our courts will decide that it was wrong and totally unjustified...

    SUHAKAM Statement following visit of Maria Chin - BERSIH?

    Malaysian Bar - SOSMA Must Not be Abused to Quell Dissent - condemns arrest of Maria Chin?

    SUHAKAM visits Maria Chin at place of detention on 22/11/2016..? They have the power to do this..

     

    Unacceptable use of Sosma against Maria — SUHAKAM(Malaysian HR Commission)

     OPRESSIVE LAWS: Repeal SOSMA & offences criminalizing activities ‘detrimental' democracy’ - MADPET 

     Siapa arahkan SOSMA digunakan untuk kes Maria? AG Apandi Ali kena nasihat kerajaan buat yang betul? 

    SOSMA - not the new ISA and no death penalty...Let's understand SOSMA better?


    Now, many believe that embattled Najib and the government, took this strong stance against Myanmarpossibly as a 'DISTRACTION' from the predicament that Najib and his government is facing - Well, it may be - but this is certainly a human rights issue that we must not ignore, irrespective of how we feel about Najib and the current government

    On this issue, we should be standing together with Malaysian government to ensure that justice be done, and human rights be respected for Rohingyas of Myanmar. The Myanmar cannot and should never discriminate against any group of its people - be it on the basis of religion, ethnicity and/or any other reasons. Sadly, Aung San Suu Kyi, the one many of believed to be a person committed to human rights, seems to have let us down even after she and her party were successful in the last General Elections..

    Now, Malaysian government is in the process of organising a PEACEFUL ASSEMBLY, presumably on 4/12/2016 - but the venue is yet to be disclosed. Our Deputy Prime Minister has called everyone to come... and now, it is also been reported that Prime Minister Najib will also attend...
    Malaysians must stand against the aggression and genocide on the Rohingya carried out by the Myanmar government, said Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi....“The major gathering on Dec 4 is to express our concern over the violence taking place on the Rohingya,” he said. Ahmad Zahid said the gathering was not only among Muslim non-governmental ogranisations as the main reason was to stand against the violence of the Myanmar government, which affected Asean.
    LET's have this peaceful assembly to voice out our protest at Dataran Merdeka --- and not some closed-door government or UMNO-BN venue if we want all Malaysians, irrespective of political affliation, religion or ethnicitity. I am sure DAP and our other political parties will have no problem taking a common stand on this pressing human rights issue...

    It is sad that the VENUE is unclear, and details of program like timing, etc ... people need to make plans to come to this Peaceful Assembly...we have less than 5 days  

    What else can Malaysia do? Well, it can move an ASEAN Resolution on this matter...get the majority of ASEAN member nations to stand with Malaysia on this serious human rights issues affecting a group of people, who are part of the ASEAN Community.

    It is people of the ASEAN community who are at risk, some of whom have already lost their lives, and if ASEAN continues to stay silent - that will tell us all a lot about ASEAN. Will ASEAN stand with the party responsible for these grave injustice against ...


       




    Malaysia to summon Myanmar envoy on Rohingya as protests mount

    Protests over Myanmar Rohingya crackdown
    01:30





    By Joseph Sipalan and Ruma Paul| KUALA LUMPUR/DHAKA
     
    Malaysia will summon Myanmar's ambassador over the crackdown on Rohingya Muslims in northwestern Rakhine state, it said on Friday, as protesters across Southeast Asia demonstrated against the rising violence.The conflict in Rakhine has sent hundreds of Rohingya Muslims fleeing to neighboring Bangladesh and poses a serious challenge to leader Aung San Suu Kyi, who swept to power last year on promises of national reconciliation.
     
    At least 86 people are reported to have been killed in escalating violence that has displaced about 30,000 in the region's most serious bloodshed since hundreds were killed in communal clashes in 2012.
    The Malaysian foreign ministry called on all parties involved to refrain from actions that could aggravate the situation.
     
    "Malaysia also calls on the government of Myanmar to take all the necessary actions to address the alleged ethnic cleansing in the northern Rakhine State," the ministry said in a statement.
     
    "The ministry will summon the ambassador of Myanmar to convey the government of Malaysia’s concern over this issue," it added, without giving a timeframe.
     
    Hundreds of Rohingya Muslims marched in the Malaysian capital of Kuala Lumpur, condemning the 
    bloody crackdown on the persecuted minority and criticizing Nobel Peace Prize winner Suu Kyi for her inaction on the matter.
     
    Protesters demanded humanitarian aid for Rakhine, and urged that the military seize all attackers.


    A banner is tied to barbed-wire outside the Myanmar embassy during a protest against what organisers say is the crackdown on ethnic Rohingya Muslims in Myanmar, in Jakarta, Indonesia November 25, 2016. The text on the poster reads, 'Rohingya are our brothers'. REUTERS/Darren Whiteside
     
    "The Myanmar government says the claims are all fabricated but they are not fabricated," Rohingya community leader Muhammed Noor told reporters, referring to reports of incidents of killing, rapes of wives and daughters and home burnings.
     
    "This movement has to continue, to pressure the government to stop the killing."
     
    OTHER PROTESTS
     
    This week, Muslim-majority Malaysia said it was considering pulling out from a regional soccer tournament co-hosted by Myanmar in protest against the crackdown. But it later decided to continue. [nL4N1DQ1CI]
     
    Protests were also held simultaneously in Bangkok, the capital of neighboring Thailand, in the capital of Bangladesh and in the Indonesian capital of Jakarta.
     
    Protesters in Jakarta called for the Nobel panel to cancel its award to Suu Kyi.
     
    Indonesia is "ready and willing" to help Myanmar initiate dialogue, its foreign minister, Retno Marsudi, said this week.
    Many among the Buddhist majority in Myanmar view its 1.1 million Rohingya as illegal immigrants from Bangladesh.
     
    Several thousand of Bangladeshis took to the streets in the capital on Friday in protest against the persecution of Rohingya Muslims in Myanmar.

    Leaders and activists from several Islamic groups chanted slogan “Stop killing Rohingya Muslims” and burned an effigy of Suu Kyi as they marched in Dhaka in front of a national masque after prayers amid tight security.
     
    They also demanded that Bangladesh’s border be opened to Rohingya Muslims fleeing the violence in Myanmar.
     
    Bangladesh’s foreign minister Abul Hassan Mahmood Ali has said the South Asian country is allowing in some of the Rohingya Muslims on humanitarian grounds but it won’t open the border with Myanmar.
     
    Persecution and poverty led thousands of Rohingya to flee Myanmar following the violence between Buddhists and Muslims there four years ago. Many of them were smuggled or trafficked to Thailand, Malaysia and beyond.
     
    (Additional reporting by Johan Purnama in Jakarta and Cod Satrusayang in Bangkok; Writing by Praveen Menon; Editing by Tom Heneghan) - Reuters, 25/11/2016
    Malaysia to hold gathering in protest over Myanmar’s Rohingya violence, Zahid says
    Tuesday November 29, 2016
    07:40 AM GMT+8
    Participants at a gathering to condemn the actrocities against the Rohingya in Gelugor, Penang, last Thursday. — Picture by Sayuti ZainudinParticipants at a gathering to condemn the actrocities against the Rohingya in Gelugor, Penang, last Thursday. — Picture by Sayuti Zainudin












    KUALA LUMPUR, Nov 29 — Malaysians must stand against the aggression and genocide on the Rohingya carried out by the Myanmar government, said Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi.

    He said the Foreign Ministry had contacted the Myanmar ambassador to Malaysia last week and handed him a protest note.

    “The major gathering on Dec 4 is to express our concern over the violence taking place on the Rohingya,” he said.

    Ahmad Zahid said the gathering was not only among Muslim non-governmental ogranisations as the main reason was to stand against the violence of the Myanmar government, which affected Asean.

    So far, from the Opposition, PAS president Datuk Seri Abdul Hadi Awang has confirmed his attendance.

    “I hope we can all do away with our differences and work together on a bigger problem,” Ahmad Zahid said.

    NGOs are urging international organisations to play a more proactive role in tackling violence and atrocities against the Rohingya.

    Malay NGOs are in consensus that while Malaysia is doing what is possible for the Rohingyas, world powers such as the United Nations (UN) and Asean should intervene.

    Malay Islamic World (Dunia Melayu Dunia Islam) president Tan Sri Mohd Ali Rustam said immediate intervention by the UN was the fastest possible solution.

    He said the UN should convene a meeting of the Security Council and intervene as it had done with other countries, such as Iraq.

    “We can’t continue to sit back and watch Myanmar kick out the Rohingya and have the UN expect neighbouring countries to keep taking them in,” he said.

    “We want to help, but how many more can we take in?  The Myanmar government is responsible to protect their people, whether Muslim or not.”

    The former Malacca chief minister said taking other measures besides public protests, such as suspending trade with Myanmar, would not be the solution as it could lead to other issues, including black markets.

    Ikatan Rakyat Insan Muslim Malaysia (IRIMM) chairman Amir Amsaa Alla Pitchay said aside from waiting for international intervention, the government should take action by disallowing Myanmar workers to enter the country.

    He said the Myanmar government needed a wake-up call that what it was doing was unacceptable and wrong.

    “If we don’t take stringent action, then Myanmar will take things easy and continue mass killings knowing there would be no outside interference or intervention.”

    Amir said a group of NGOs would send a memorandum to the UN office in Damansara Heights on Thursday, to call on the organisation to take swift action.

    Islamic Youth Movement of Malaysia (Abim) vice-president Ahmad Fahmi Mohd Samsudin said crimes against the Rohingya, which had been going on for many years, needed to be highlighted more and backed by consistent action from the government.

    Although the Foreign Affairs Ministry publicly condemned the escalation of violence against the Rohingya, he said, the government should withdraw the Malaysian ambassador from Myanmar.

    “It is time for countries, especially those with the power, to act as the basic human rights of the Rohingya are being violated,” he said. - Malay Mail, 29/11/2016

    Malaysia PM to attend rally condemning Myanmar violence
    By AFP - 29 November 2016 @ 1:54 PM

    KUALA LUMPUR: Malaysian Prime Minister Datuk Seri Najib Razak will take part in a rare rally to protest a bloody crackdown on Rohingya Muslims in Myanmar, an official from his office said Tuesday.

    The gathering, which will take place in an yet-to-be announced location on Sunday, will involve politicians, NGOs and “all concerned with the issue” the official told AFP, without giving further details.

    Last Friday, Malaysia summoned the Myanmar ambassador while around 500 Malaysians and Rohingya marched through a heavy tropical downpour from a Kuala Lumpur mosque to Myanmar’s embassy carrying banners denouncing the Rakhine “genocide.”

    Muslim-majority Malaysia’s Cabinet also issued a statement last week condemning the violence, an unusually strong criticism against a fellow member of the 10-country Association of Southeast Asian Nations (ASEAN) which has a policy of non-interference in member states.

    “The major gathering on December 4 is to express our concern over the violence taking place on the Rohingya,” Deputy Prime Minister Zahid Hamidi was quoted as saying by the Malay Mail Online on Tuesday.

    Chong Ja Ian, a political analyst from the National University of Singapore, said Najib’s appearance at such a rally will be “odd.”

    “During last year’s migrant crisis, there was criticism but it was oblique and not to this level,” he said.

    The discovery last year of human-trafficking camps – and scores of nearby graves – first in Thailand and then over the border in Malaysia caused shock and revulsion in Southeast Asia.

    The camps are believed to have been used by people-smuggling syndicates who move large numbers of impoverished Rohingya out of Myanmar, where they face systematic repression, with most heading for Malaysia.

    Bridget Welsh, a Malaysia politics expert with Turkey’s Ipek University, said the planned gathering was “purely a political exercise” for Malaysian leaders.

    “These leaders are desperately trying to show their Islamic credentials as they are losing moral legitimacy at home,” she said.

    Violence in Rakhine – home to the stateless ethnic group loathed by many of Myanmar’s Buddhist majority – has surged in the last month after security forces poured into the area following a series of attacks on police posts blamed on local militants.

    A UN official has said Myanmar is engaged in “ethnic cleansing” of Rohingya Muslims, as reports emerged of troops shooting at villagers as they tried to flee.

    But Myanmar’s new civilian government, led by Nobel Peace Prize winner Aung San Suu Kyi, has rejected the allegations. skc/tm 296 reads (File pix) In this file picture taken on November 25, 2016 a Malaysian Muslim girl holds a placard following a protest against the persecution of ethnic Rohingya Muslims in Myanmar, outside the Myanmar Embassy in Kuala Lumpur.

    Malaysian Prime Minister Datuk Seri Najib Razak will take part in a rare rally to protest a bloody crackdown on Rohingya Muslims in Myanmar, an official from his office said on November 29, 2016. AFP Photo - New Straits Times, 29/11/2016

    Read More : http://www.nst.com.my/news/2016/11/192823/malaysia-pm-attend-rally-condemning-myanmar-violence





    ASEAN hypocrisy becomes evident yet again when all we get is silence from ASEAN and even the ASEAN Inter-Governmental Commission of Human Rights(AICHR) about what is happening in Malaysia - Maria Chin, SOSMA, Detention Conditions, Freedom of Peaceful Assembly, etc...

    Remember ASEAN has got a Human Rights Declaration and other pronounced 'documents' on human rights... but sadly, it is all just for show only - but no action.

    AICHR call its self a 'Commission of Human Rights' and our Malaysian representative is Mr Edmund Bon...and, until now there is 

    'Introducer Agreement' Cara Kleptocracy? Harus dihapuskan untuk projek kerajaan Negeri/Persekutuan?

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    ADAKAH 'INTRODUCER AGREEMENT' SATU CARA YANG DIGUNAKAN UNTUK KLEPTOCRACY?

    Kleptocracy - adalah tindakan mereka yang kuasa sebagai kerajaan mengunakan kuasa mereka secara salah demi menguntungkan diri sendiri(dan/atau juga kawan/crony/ahli keluarga/parti politik mereka).


    Kleptocracy (from Greek: κλεπτοκρατία, klépto- thieves + -kratos rule, literally "rule by thieves") is a government with corrupt rulers (kleptocrats) that use their power to exploit the people and natural resources of their own territory in order to extend their personal wealth and political power.

    Ada berbagai jenis kaedah yang mungkin digunakan tetapi untuk post ini, saya akan melihat kepada satu kemungkinan iaitu 'Introducer Agreement'. Syarikat yang akhirnya mendapatkan projek mungkin terpaksa membayar'Introducer' jumlah 1-5%(ada juga perjanjian sedemikian boleh sampai 20%). Jika nilai projek adalah 100 juta, introducer boleh dapat 3 juta jika berasaskan perjanjian jumlah introducer fee ini adalah 3%. Selain daripada mengunakan peratusan nilai projek, juga boleh tetapkan harga tetap - mungkin 5 - 10 juta, dan mungkin juga ada hak tambahan - contohnya bahawa 20% projek diberikan (atau di-sub-kontrak) kepada 'Introducer'  atau syarikat pilihan 'Introducer".




    'INTRODUCER AGREEMENT' apabila melibatkan projek kerajaan, atau projek syarikat milik penuh kerajaan atau GLC, menimbulkan persoalan sama ada ini satu cara bagaimana wang rakyat dilupuskan dan sampai akhirnya secara senyap kepada parti politik atau ahli politik(keluarga mereka atau kroni) atau seseorang penjawat awam. 

    Projek kerajaan biasanya (atau sepatutnya) diberikan melalui tender terbuka - di mana pihak bertanggungjawab dalam kerajaan akan menilai semua tender yang dibentangkan dan membuat keputusan. 

    Jika tidak ada 'tender terbuka', pihak kerajaan mungkin akan meminta beberapa syarikat, biasanya yang ada latar belakang atau pengalaman, menjalankan projek sedemikian - cara tanpa proses 'tender terbuka' ada kemungkinan besar akan disalahgunakan - justeru lebih baik semua dijalankan melalui proses 'tender terbuka'. 

    Ingat proses 'tender terbuka', jika tidak telus dan bersih, boleh juga disalahgunakan - mereka yang membuat penilaian dan keputusan boleh dirasuah, atau juga diarahkan memberi penilaian baik atau buruk mengenai syarikat ini dan itu. Tetapi 'tender terbuka' semestinya lebih baik daripada 'tender tertutup'. Adakah pemantauan Jawatankuasa Parlimen diperlukan?

    Memahami apa itu 'Introducer Agreement', kita melihat beberapa petikan  
    Melalui memorandum perjanjian ('memorandum') antara 'A' dengan 'B', 'A' bersetuju untuk mendapatkan 'Projek Jambatan'' ('projek'). Adalah menjadi terma bahawa 'B', dengan sokongan dan bantuan 'A', akan mengemukakan usul kepada Kerajaan ... Sekiranya cadangan tersebut diterima, 'B' dengan sendirinya atau dengan pihak lain-lain akan membina dan melaksanakan projek tersebut. Ganjaran 'A' adalah bahawa jika 'B' diberikan projek tersebut, 'B' mestilah membayar 3% daripada jumlah nilai projek yang diberikan, kepada 'A'. Sebagai tambahan, 20% daripada kontrak yang diberikan akan disubkontrakkan kepada 'A'. Secara ringkasnya, ganjaran plaintif adalah atas dasar kejayaan.
    Ini petikan daripada satu penghakiman Mahkamah di Malaysia(penterjemahan Bahasa Malaysia), di mana nama pihak telah saya telah tukar....Dalam kes ini, Mahkamah Rayuan telah berpendirian bahawa perjanjian sedemikian (Introducer Agreement) melibatkan kerajaan adalah tidak sah - tetapi isu ini tidak ditimbulkan oleh mana-mana pihak pertikaian..[Petikan berkaitan daripada Penghakiman ini saya sertakan di hujung pos yang menyatakan dengan jelas mengapa  Mahkamah berpendirian sedemikian...]
    'A' bertindak sebagai orang tengah bagi urusan dengan Kerajaan ... dan bukan sebagai rakan kongsi dalam memperuntukkan pengetahuan atau kemahiran teknikal untuk apa-apa sifat spesifik yang boleh dikatakan tidak dimiliki oleh 'B'. Tanggungjawab untuk menyediakan cadangan terletak pada 'B'. 'A' tiada peranan rasmi untuk dimainkan dengan Kerajaan... tetapi hanya cuba untuk mendapatkan sesuatu daripada urusan tersebut melalui 'kemahiran menjaja' dan balasan bersifat kosmetik sahaja, walaupun terma perjanjian cuba meletakkan sebentuk kewibawaan pada 'memorandum'.

    Justeru, nampak sekali 'A'(Introducer) sebenarnya tak ada apa-apa peranaan khusus. Ada syarikat yang mahu berjaya mendapat kotrak kerajaan mungkin telah 'dipaksa' memasuki 'Introducer Agreement' sebegini dengan orang atau syarikat tertentu - mungkin dengan pernyataan tak khusus (atau 'Hint') yang membawa kefahaman jika kamu tak masuk 'Perjanjian Introducer', peluang amat tipis atau langsung tidak ada bahawa kamu akan berjaya mendapat kontrak/projek kerajaan ini...  

    Apakah yang 'A'(Introducer) ini boleh membuat(atau akan buat) untuk memastikan kerajaan memberikan kontrak/projek kepada 'B"? 

    Adakah beliau akan gunakan pengaruhnya - di mana ini nyata ini adalah salah, kerana projek kerajaan harus diberikan oleh kerajaan berasaskan penilaian kerajaan secara bebas, telus dan berkecuali ... tanpa juga mengambil kira sama ada pemilik syarikat orang parti politik mana, agama apa atau kumpulan ethnik, dll.  ...Ingat Perlembagaan Negara berkenaan layanan istimewa kepada orang Melayu dan native of Sabah and Sarawak, juga berasaskan kefahaman saya - tidak membenarkan layanan istimewa mengenai penganugerahan projek kerajaan...

    ...to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak of such proportion as he may deem reasonable of positions in the public service (other than the public service of a State) and of scholarships, exhibitions and other similar educational or training privileges or special facilities given or accorded by the Federal Government and, when any permit or licence for the operation of any trade or business...petikan Art 153(2) Perlembagaan Persekutuan..

    Adakah introducer akan memberikanrasuah kepada orang tertentu untuk memastikan B diberikan kontrak/projek? Ini juga adalah salah...

    Atau adakah sebenarnya 'introducer' ini sebenarnya wakil Perdana Menteri/Ketua Menteri/Menteri Besar/Menteri Berkenaan/Pegarah Jabatan atau kerajaan berkenaan - yang sebenarnya mahu 'curi' atau dapatkan keuntungan peribadi - sama ada untuk diri sendiri, parti politiknya, keluarganya, dsb...di mana ini juga salah..Apa yang diperuntukkan dalam Bajet/Perbelanjaan Kerajaan harus digunakan sepenuhnya untuk perlaksanaan projek tersebut - salah untuk siapa-siapa mengambil sebahagian untuk tujuan dirinya, atau partinya, atau...untuk parti partinya dalam PRU akan datang.

    MASALAH DENGAN KORUPSI TERMASUK JUGA 'INTRODUCER AGREEMENT' IALAH 'A' ATAU 'B', khususnya bila 'B' dah berjaya mendapat projek kerajaan, tidak ada siapa-siapa ('A' atau 'B') yang akan menghebohkannya atau mengadu kepada pihak berkuasa...dan rakyat tidak akan tahu mengenai amalan 'introducer agreement'  saperti ini. Sama juga, yang memberi rasuah dan yang menerima rasuah, kedua-dua secara lojik tak akan menghebohkannya...tetapi akan menyembunyikannya...

    Tambahan pula, bila ia melibatkan projek kerajaan - Walaupun tak berjaya tak dapat projek, 'B" akan terus berdiam sahaja  kerana 'syarikat B' mahu terus mempunyai peluang dapat projek kerajaan - jadi senyap sahaja ...tak mahu gugat peluang dapat projek pada masa depan...

    Anwar Ibrahim, Muhyiddin Yasin, Mukriz, Azmin Ali, Mahathir dan semua mereka yang memegang kuasa dalam kerajaan UMNO-BN dahulu boleh mendedahkan kini sama ada amalan 'Introducer Agreement' saperti yang dinyatakan wujud...

    Perlu juga ditanya sama ada amalan sedemikian kini wujud juga dalam kerajaan Negeri Selangor, Penang dan Kelantan...

    Ada seorang dalam 'sosial media', saya dengar ada  membuat dakwaan bahawa perkara sedemikian kini masih berlaku juga di Selangor di bawah kepimpinan Azmin Ali - mungkin ianya dakwaan palsu - tetapi saya akan rasa lebih senang jika Azmin, Guan Eng, MB Kelantan dan parti-parti pembangkang akan keluar dengan jelas menyatakan bahawa perkara saperti 'Introducer Agreement' atau amalan-amalan kleptocracy yang lain tidak berlaku di Negeri dimana mereka kinitadbir, dan tidak akan dibenarkan di bawah pemerintahan mereka...Jadikan 'Introducer Agreement' dan perkara saperti itu 'Haram' di sisi undang-undang khususnya bila ia melibatkan projek kerajaan, projek syarikat milikan kerajaan atau GLC...Ambil pendirian tegas dan jelas...kalau tidak, mungkin kita di Malaysia akan buat andaian bahawa amalan 'kleptocracy' sedemikian berterusan sama ada di kerajaan UMNO-BN dan kerajaan Pembangkang...Apa kata saudara? Semua parti politik kena membuat pendirian jelas...

    RAKYAT RUGI JIKA WANG DIPERUNTUKKAN SESUATU PROJEK BOCOR PI TEMPAT LAIN..

    Ingat, jika 'Introducer' ambil 5% nilai projek - ertinya akhirnya tinggal hanya 95% duit rakyat yang boleh digunakan untuk satu-satu projek kerajaan...

    Selain daripada amalan 'Introducer Agreement', ada banyak cara duit rakyat/kerajaan 'dicuri' ...yang tinggal untuk melaksanakan projek akhirnya tinggal berapa.

    Cara dapat projek - beri 2 atau lebih syarikat lain...

    Saya juga pernah dengar cerita bahawa satu projek pembinaan jalan raya di anugerahkan kepada syarikat 'A', yang seterusnya memberikan kepada syarikat 'B', yang seterusnya memberikan kepada syarikat 'C', yang memberikan pula kepada syarikat 'D'(yang kebetulan adalah anak syarikat(atau yang ada kaitan dengan) syarikat 'A'. 

    Syarikat 'D' ini kemudian menyerahkan kepada syarikat kontraktor-kontraktor yang benar-benar membuat kerja pembinaan jalanraya...MENGAPA? 

    Jika syarikat A, B dan C masing-masing mengambil 10% nilai projek...akhirnya apa yang sampai kepada D hanya tinggal 70% wang projek... Siapa yang rugi? Rakyat yang rugi...di mana 100% nilai projek patut digunakan, kini tinggal 70% (kalau tolak untung syarikat D dan kontraktor 10% setiap satu), wang yang bakal ada untuk kerja pembinaan hanya tinggal 50%...Bagaimana projek boleh disiapkan? 

    Adakah kerajaan telah memperuntukkan jumlah yang terlampau tinggi membolehkan projek dapat disiapkan dengan 50% sahaja peruntukkan - di mana ini bererti kerajaan menipu rakyat? 

    Atau, akhirnya kerana duit tinggal sudah rendah - kerja pembinaan dibuat dengan bahan murah, dan mungkin banyak yang perlu dilakukan tidak dilakukan? Rakyat ditipu lagi - kita bayar untuk first class - yang dapat akhirnya bermutu 3rd class? Lepas itu mungkin ada insiden tanah runtuh..bangunan jatuh...jalan berlubang...dll?

    Rakyat Malaysia malangnya terlalu percayakan 'wakil rakyat' dan kerajaan - tak sangka pun yang berkuasa akan menipu rakyat. Berlakukah ini di Malaysia? 

    Ahli Parlimen Pembangkang...dan Back-Bencher(mereka yang dari parti kerajaan memerintah tetapi bukan dalam Kabinet) sepatutnya sentiasa memantau kerajaan memastikan semua BERSIH, CEKAP dan AMANAH...tetapi nampaknya ramai syok jadi YB saja - kerja 'wakil rakyat' tak buat. 

    Ramai juga MP/ADUN/Senator bukan kerja penuh masa sebagai 'wakil rakyat' - banyak masa masih diluangkan dalam kerja peribadi - doktor gigi, peguam, kebun, perniagaan lain. Jika dipantau pun, hak mengemukakan soalan kepada kerajaan pun tak digunakan sepenuhnya, hadhir di Dewan Rakyat semasa Dewan bersidang pun tak buat...Jika dilihat perangai semasa Dewan bersidang, ramai dikalangan rakyat merasa putus asa...

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     *Saya hanya menilai Shamsul Iskandar dan Abdullah Sani sebagai contoh saja kerana penilaian dan kesimpulan sama boleh dibuat untuk kebanyakkan MP - di mana kini pun kebanyakkan MP tidak pun dedahkan jawapan kerajaan kepada soalan mereka - tak ada pun di Laman Web Parti. Laman Web Parlimen seharusnya mempaparkan jawapan dan  soalan semua MP dan Senator. Perlu juga nyatakan dengan jelas maklumat kehadiran semasa Dewan bersidang



    Ingat kembali Anwar Ibrahim, yang mula-mula menyatakan bahawa beliau ada bukti berpeti-peti yang akan mendedahkan salahlaku kerajaan UMNO-BN - tapi sehingga kini (lebih kurang 20 tahun...), kita masih menunggu. 

    Kini Muhyiddin, Mukriz, Apdal keluar jadi pembangkang, senyap juga tak ada pun pendedahan salahlaku UMNO-BN - hanya fokus isu semua sudah tahu - Billion dalam akaun Najib, 1MDB... Mengapa? 

    Jika mereka juga dahulu terlibat dalam 'kleptocracy', akui sahaja dan meminta maaf - rakyat pasti akan memaafkan?

    Amalan 'kleptocracy', rasuah dan salah guna kuasa mesti dihapuskan di Malaysia - tetapi nampaknya kini tanggungjawab mendedahkan salahlaku dan menghapuskannya berada di tangan rakyat sahaja...

    PETIKAN PENGHAKIMAN MAHKAMAH RAYUAN YANG JELAS BERPENDIRIAN BAHAWA 'INTRODUCER AGREEMENT' SEBEGINI SECARA JELAS ADALAH TIDAK SAH...BILA IA MELIBATKAN PROJEK KERAJAAN...Sekyen 24(e) Akta Kontrak - merujuk kepada Ilustrasi (f)

    [16] The factual matrix of the role of the plaintiff will to some extent fall within illustration (f) to s. 24 of the Contracts Act 1950. The said part of the section and illustrations reads as follows:
    What considerations and objects are lawful, and what not
    24. The consideration or object of an agreement is lawful, unless:
    (a)...
    (b)...
    (c)...
    (d)...
    (e) the court regards it as immoral, or opposed to public policy.
    Illustrations:
    (a)...
    (b)...
    (c)...
    (d)...
    (e)...
    (f) A promises to obtain for B an employment in the public service, and B promises to pay RM1,000 to A. The agreement is void, as the consideration for it is unlawful" (emphasis added).
    [17] We must say illustration (f) is very significant to arrest any form of impropriety by touts, 'self confessed peddlers', as in the instant case in the affairs of government. It is the duty of the court to be vigilant. It is for the court to consider whether the consideration or object of an agreement is void on the grounds of public policy irrespective of whether parties have pleaded it or not or the issue was taken at the trial court. Though courts are slow in creating 'new heads' of public policy, it cannot fail to recognise the 'heads' which stand as illustrations in particular (f) in the instant case, when it involves the government. Support for proposition and illustration (f) is found in a number of Indian cases. - Petikan dari CHINA ROAD & BRIDGE CORPORATION& ANOR v. DCX TECHNOLOGIES SDN BHD, COURT OF APPEAL, PUTRAJAYA,AZIAH ALI JCA;   HAMID SULTAN ABU BACKER JCA;   UMI KALTHUM ABD MAJID JCA[CIVIL APPEALS NO: W-02-2810-11-2012 & W-02-2727-11-2012]9 MAY 2014
     
    Saperti, yang dikatakan kemungkinan 'Introducer' atau syarikat yang memasuki 'Introducer Agreement' membawa isu ini kepada Mahkamah adalah tipis - dan Mahkamah sukar memutuskan kesahihan perjanjian 'introducer' sebegini jika isu ini tidak dikemukakan kepada Mahkamah. Mungkin seorang rakyat atau wakil rakyat akan membawa isu ini kepada Mahkamah -tetapi, berasaskan apa yang dikatakan Mahkamah di atas - nyata pendirian Mahkamah adalah 'Introducer Agreement' melibatkan projek kerajaan adalah tidak sah...

    Tak perlu tunggu Mehkamah, kerajaan juga boleh mengubal undang-undang dan/atau polisi memastikan bahawa kaedah 'Introducer Agreement' tak lagi digunakan untuk 'kleptocracy' atau mengambil sebahagian duit rakyat yang sepatutnya digunakan untuk tujuan satu projek pembangunan/perkhidmatan tertentu...
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