Constitution

Since its independence, in its 231-year history, the United States has amended its constitution 27 times.

Maybe the United States isn't such a good example. Let's take a country with similar historical and political background to Malaysia’s.

In Singapore, the constitution has been amended only 4 times, the last being in 1991.

In contrast Malaysia's constitution has been amended 42 times, consisting of not less than 650 individual amendments (as of 2005). [1]

Which really makes you wonder, how much respect do we have for our constitution?


1 ^ DR SHAD SALEEM FARUQI. Ahmad, Zainon & Phang, Llew-Ann (Oct. 1, 2005). The all-powerful executive. The Sun

Hope

Hope (noun) 1. is a belief in a positive outcome related to events and circumstances in one's life

Was watching the live coverage of Zaid Ibrahim's and Badawi's Speech at Malaysian Bar Council dinner on Bernama, and I swear there were almost tears in my eyes :)

UMNO ultras from Dr Mahathir's era might regard it as a sign of weak leadership but I believe history will vindicate Badawi as a leader who had the courage and strength to make amends for the wrongs set in motion by his predecessor some twenty years ago. As silly as this sounds, as someone who was born in 1988, the same year of the judiciary crisis which so badly tarnished the good name of our judiciary and made us the laughing stock among legal circles worldwide, I have always felt a heavy burden to help restore the judiciary to its former glory. Yesterday, I was able to see the light at the end of the very dark, very long tunnel. Of course, we should not kid ourselves, their still remains so much work to be done. Twenty years of injustice cannot be corrected with a twenty minute speech. However, Badawi's speech gave hope to this young, idealistic, aspiring law student.

This year has gotten off to a pretty bright start. It is with these recent developments, that I believe Malaysia may finally be ready to take its rightful place amongst the developed and functioning democracies of this world.

On this day...

On this day, 4th of April

• 1968 - Martin Luther King, Jr. is assassinated by James Earl Ray at a motel in Memphis, Tennessee.

"We hold these truths to be self-evident: that all men are created equal"

-Martin Luther King, Jr. in his enduring I Have a Dream speech

Media Coverage during elections

Source: Centre for Independent Journalism, Malaysia (http://www.cijmalaysia.org)

If you have time and are interested please read the full report at http://www.cijmalaysia.org/images/documents/report%20on%20the%20media%20monitoring%200308.pdf It is a very enlightening and interesting report.

[This cannot be verified 100% but a reliable internal source told me that the slant in the Sun's coverage was due to the unspoken threat of the ministry failing to renew The Sun's publishing license. Democracy in Malaysia?]

M-E-R-D-E-K-A !!!

Attended another CPPS dialogue, this time at Sunway College. Among the distinguished panelist, I would have to single out Zainon Amad, Political Editor of The Sun (he was hilarious, the audience couldn't stop laughing); Malik Imtiaz, human rights lawyer and activist; Farish Noor, political analyst, as true blue Malaysian heroes. With such uncanny charisma and intelligence they could have easily taken the easy road, toeing the line and living comfortably, instead they chose to stick their necks out to fight for what they believed in. They will probably never receive any datukships for their work, but they made me feel proud that our country had produced the likes of such courageous people. It was then that I really began to take in the moment, what had happened over the past few days finally began to set in...

BN denied two-thirds majority - 2.42am 9th of March, malaysiankini mirror site

I did not have the honour of being born when our beautiful country achieved independence, but if i had to settle for second best, then I must thank God for letting me live long enough to witness this day.

Since the dialogue was about post election analyst I will try and share what I have learnt. Here are the factors, that in my opinion contributed to BN's poor performance. (I wouldn't exactly call it a defeat since they still have a simple majority needed to form the government) . In no particular order,

• Denial. Most Barisan candidates seem to have lived in a perpetual state of denial. They were completely detached from their constituencies, utterly out of touch with the electorate. People do not just wake up and suddenly decide that they are going to vote for the opposition, the anti-establishment sentiment had been brewing for quite sometime. The writing was on the wall, just by going to a roadside mamak or a quick search on the internet, the BN candidates would have been able to get a sense of the growing displeasure with the government. Instead they chose to buy in the reports of the mainstream media (which they happened to own) that all was well and an easy victory was in sight. Samy Vellu still refuses to acknowledge that he is largely responsible for MIC's failure.
  
• Threats. Remember the BN advertisements? They went along the lines of "Peace, stability and harmony" or something like that. From the subtle undertones of the language, it was quite obvious that they were trying to threaten us. If it wasn't clear enough, Badawi dispelled any doubts by singing along the tunes of "If your particular race doesn't vote for the government then you won't have any say in the next government" Sometimes the threats bordered on desperation, "vote for me or else..."
  
• Arrogance. I have heard of more than one occasion when a BN candidate has told potential voters that he has enough votes already, and that they need not vote for him if they don't want to. Gerakan started squabbling over the chief minister seat in Penang even before they had even won the election. Khir Toyo came up with his (in hindsight) absolutely ironic slogan "zero opposition". These are all symptoms of sheer arrogance. Here is a recount of what the BN candidate in my area (Kota Damansara) said during a dialogue with the friends of Kota Damansara community, Dato’ Zein kept emphasizing that he is to act for the party he represents (BN) and acts according to party’s instructions. When questioned as to why as a Wakil Raryat, he is not representing his people, he then emphasized that it is up to the residents to decide whether to vote for or against him and party. Either way, he accepts it. At this juncture, he challenged all the attendees to prove that we are registered voters in Kota Damansara constituency. When asked again on the issues faced by the residents, he said he would think about it later. He then left hurriedly without any conclusive comments. (source http://kd.communityforest.net/index.php?option=com_content&task=view&id=83&Itemid=2 or see the you tube video http://www.youtube.com/watch?v=vMS5XbtTeAs). This is the same guy who bragged in the newspapers that he likes to collect Rolex watches. As a politician one should at the very least have the courtesy to at least pretend to be humble. Congratulations to the keadilan candidates Sivarasa (Parliament) and Dr.Nasir (State) for being selected by the people of Subang and Kota Damansara to represent them in the government.
• The Anwar Ibrahim factor. Barisan National severely underestimated him, much to their detriment. Whether, you love him or hate him, the truth is that Anwar is the consummate politician, a political genius so to speak. If you watch CNN or read The Economist, you will quickly realise that he is revered by the western media in the same light as the likes Nelson Mandela or the Aung San Suu Kyi; he is regarded as the (former) prisoner of conscience of Malaysia. Anwar has been a very busy man after being released from prison; while BN spent their time squabbling over who should be the next chief minister of Penang, Anwar was touring the country organising the opposition war machine. Anwar is also the main link between DAP, PKR, and PAS.
• Failure of the mainstream media. The newspapers failed to provide the people with credible, balanced, neutral information. Most newspapers are largely owned by components of the Barisan National and most television networks are owned by Media Prima, which is largely controlled by BN. Even The Sun, arguably one of the more open newspapers in Malaysia, had to comply to the Internal Ministry's instructions to downplay "sensitive" issues in wake of the election after facing the threat of failing to renew its license. All major newspaper companies receive instructions from the Internal Ministry on how to handle "sensitive" issues, from how many pictures to put to how many pages to write. With over 30 acts governing the publishing industry, how can we really expect independent and truthful reporting? A media has the responsibility of disseminating information to the rakyat so that they can make informed choices and the people can make their grouses known by giving their feedback. This lack of a negative feedback system kept BN politicians in denial; everything was going well, landslide BN victory predicted the mainstream media. Conversely, I believe people started tuning out to the BN propaganda from the very beginning of the elections. I for one stopped reading the national news section around one month before the elections (i kinda new the elections were going to come out soon because not a single major crime was reported in the newspaper for a few weeks) . If one were to read the newspapers in the build up to the elections one would be forgiven for mistaking Malaysia as a utopia. George Orwell probably couldn't have done it better himself (if you don't understand go read 1984, although I personally prefer Aldous Huxley's Brave New World). Disgusted and jaded with the mainstream media, the people looked to alternative forms of media such as malaysiakini, blogs or even YouTube.
  
• Other factors. There were many other factors which contributed to BN's loss of the 2/3 majority. In point of fact, there was no single decisive factor, rather it was a culmination of factors which resulted in BN's comparatively dismal performance. Maybe if Badawi hadn't lied about when the parliament was going to be dissolved. Maybe if the Election Commission hadn't made a last minute decision to abandon the use of indelible ink. Maybe if Sharlinie hadn't been kidnapped. Maybe if oil prices (one of the main factors contributing to cost push inflation) hadn't risen. Maybe if the government hadn't demolished the Indian temple the day before Deepavali. Maybe if the government hadn't set the election just before Anwar Ibrahim would be eligible to participate in politics, thus denying him the chance to run for election. Maybe if Hisham had more self control and hadn't started waving his keris. Maybe if the government hadn't cut fuel subsidies. Maybe if Khairy hadn't been risen to the ranks of UMNO with such suspicious haste. Maybe if Badawi hadn't authorised the use of the ISA on the HINDRAF leaders. Maybe if the Lingam tape hadn't been exposed. Maybe if Zakaria hadn't built a huge mansion on low cost land for the poor. There were too many what ifs... in the end the people of Malaysia put two and two together and asked themselves "What if we had a better government?"
  

For all the calls of resignation and the nasty things that some people have said about Datuk Seri Abdullah Badawi, one most give him credit for paving to the way to a more accommodating democracy for malaysia. In fact, he should be commended for restoring some normalcy to Malaysian politics in the aftermath of the Mahathir era. A 60% majority in most countries would be considered a comfortable victory. Credit should also be given to the Elections Commission and the police force for handling the elections in a rather well and impartial manner. But most of all credit should be given to the rakyat, who turned out in record numbers on Saturday 8th of March 2008 to exercise their right to vote. Well done.

Lest we forget

Now that the election hype has started to die down, i think that it is imperative that the malaysian public renew its efforts to abolish the ISA and demand the release of all ISA detainees.

On 18th October 2007, High Court judge Datuk Mohd Hishamudin Mohd Yunus in a landmark judgment ruled that Abdul Malek Hussin’s ISA arrest and detention for 57 days in 1998 were unlawful and further found that he was tortured while under police custody and awarded him RM2.5 million in damages. The judge found that Malek Hussin had suffered and endured the following events while under police custody:

-arrest and detention were made in bad faith;

-denied access to his lawyer;

-nature of interrogation was clearly for a political purpose and had nothing to do with genuine concern for national security;

-stripped naked in an air-conditioned room and interrogated;

-blindfolded during interrogation;

-physically assaulted up to 60 times; beaten until he was unconscious;

-forced to drink urine and rancid water;

-subjected to sexual abuse;

-threatened with harm against his wife and family;

-threatened not to take legal action or to report on his ordeal.

How does such a primitive, illogical, shameful and draconian law have the right to exist in a "democratic" country such as Malaysia?


In Germany they came first for the Communists,
and I didn't speak up because I wasn't a Communist.
Then they came for the Jews,
and I didn't speak up because I wasn't a Jew.
Then they came for the trade unionists,
and I didn't speak up because I wasn't a trade unionist.
Then they came for the Catholics,
and I didn't speak up because I was a Protestant.
Then they came for me,
and by that time no one was left to speak up.

Martin Niemoeller (1892-1984)

The Winds of Change

BN denied two-thirds majority

Ah, the beauty of democracy…

It’s been a long time since I’ve been so proud to be a Malaysian. This Saturday, the Malaysian public, whether Malay, Chinese, Indian, let the votes speak for themselves. And the message couldn’t have been any clearer. The rising prices of goods and services, the corruption, the blatant abuse of power, the disrespect for the judiciary, the rising crime rate, the broken promises, the greed, the arrogance…Enough was enough.

In my heart I will always remember the 8th of March 2008 as the day the people of Malaysia had the courage to stand up and say, “Enough is enough, let us take back our country”. Whether it was complacency or arrogance, the ruling party underestimated the audacity of the electorate. How could they possibly not give them a 2/3 majority?

They had underestimated the courage of the people for want of change.

Courage is not the absence of fear or doubt; it is the judgment that something else is more important.

We were brave.

Finally we will have an opposition strong enough to keep a check and balance on the government.

Finally, we will have a parliament where, thanks to the loss of BN’s 2/3 majority, any amendment to the constitution will not be passed automatically without question.

Finally, we will have a parliament where the members of parliament, who are elected by the people for the people, will (hopefully) have the courage to stand up and speak for what is right.

The Malaysian people have spoken.

The message is clear.

It’s time for change.

Makkal Sakthi (people power)

ps. Hopefully the opposition will keep good on their promises (such as saving the Kota Damansara forest)

pps. okay i know i said i was apolitical but i couldn't help myself this time :)

A wise man once said...

On this day January 30th,

1948 - Indian pacifist and leader Mohandas Karamchand Gandhi is assassinated by Nathuram Godse, a Hindu extremist



In remembering the 60th anniversary of his death, let us never forget the words of this ever so wise man,

"Victory achieved through violence is tantamount to defeat as it is only momentary"

Our government could learn a lot from the teachings of Gandhi. To extrapolate his above quote, stability maintained through draconian laws (in other words, the ISA) is tantamount to instability. Sweeping problems under the carpet is only a momentary quick fix. It does nothing to address the underlying cause of the problems.

...of ISA and justice (or maybe more accurately the absence of it)

Originally the plan was to only start posting after I had finished my A-level examinations. However, I feel that the development of recent events has compelled me to voice my say.

The recent detention of 5 HINDRAF members is extremely disappointing. Just when I thought we could go a whole year with using the ISA, 15 Days before the new year, Dato Seri Abdullah Badawi announced that the ISA would be used against the 5 HINDRAF members.

Under the Internal Security Act 1960 (ISA) any person may be detained by the police for up to 60 days without trial for an act which allegedly prejudices the security of the country or any part thereof. After 60 days, one may be further detained for a period of two years each, to be approved by the Minister of Home Affairs, thus making indefinite detention without trial possible.

There is no doubt in my mind that the use of the ISA is a step in the wrong direction. The ISA is a draconian law and should have no place in a democratic society. Do not get me wrong, I'm am not trying to justify HINDRAF actions and in no way do I support their rather far-fetched claims of ethnic cleansing. But at the very least, they should be tried through the proper channels. It is ironic that the government has slammed HINDRAF for allegedly failing to use the proper channels when the government itself resorts to using such underhanded tactics such as the ISA. Let them have a fair trial. Give them a chance to defend themselves, instead of just bypassing the entire justice system. They may be innocent or they may be guilty but that is not the point. The point is that in a democratic society an accused is always presumed innocent until proven otherwise in a court of law. We can't just go locking people up without giving them a fair trial. Everybody, even an accused rapist deserves the right to defend himself in a court of law. If the government really has solid evidence as it claims then wouldn't it make more sense to prosecute them in a court of law instead of persecuting them without due process. Let the evidence speak for itself. If the government is so convinced, then show the public what wrongs they have committed. Let justice and reason prevail.

I am of the belief that the ISA has outlived its usefulness. In all honestly, it is morally wrong for an act which was passed with the intention of fighting the communist insurgency to be used as a political tool . I am not saying that the ISA need to be repealed entirely but at least replace it with another act more relevant to the times which better serves the pursuit of justice.

Sigh, it's rather depressing for a future law student to want to practise law in Malaysia. What's happening to the colour of law in our country?

The writer hopes he does not have to go into hiding after publishing this post :)

P.s Sorry this post was kind of rushed, so the writer would like to apologise for the poor standard of english

Err i shall only start posting after my a-level exams :)