Bar Council: Government action against human trafficking politically driven

By Lisa J. Ariffin

September 02, 2011

 

KUALA LUMPUR, Sept 2 — The Malaysian Bar today said the government’s dithering action against human trafficking is being dictated more by foreign and domestic political considerations than a sincere desire to do what is right.

“If protecting the interests of immigrants is indeed the goal, the Malaysian Bar then questions the decision of the Malaysian government to deport 11 Chinese nationals of Uighur ethnicity back to China on August 18, 2011,” Bar president Lim Chee Wee (picture) said in a press statement.

Home Minister Datuk Seri Hishammuddin Hussein had said these 11 Uighurs were involved in human trafficking and were wanted by the Chinese government.

However, Lim insisted they should have been prosecuted here instead, and their victims of human trafficking safeguarded in Malaysia.

“There was no pressing need for the Malaysian government to deport the 11 Uighurs back to China if it genuinely wanted to address the issue of people trafficking or migrant smuggling.

“However, they have been deported to China, and nothing has been heard about protecting their human trafficking victims. There is also no information about the whereabouts of the 11 Uighurs, what has happened to them, or indeed whether or not they are still alive. One of the 11 is married to a Malaysian,” Lim said.
“The deportation of the 11 Uighurs back to China raises grave concerns whether the Malaysian government refouled potential refugees or asylum seekers in violation of international law.

“We are given to understand that the Office of the United Nations High Commissioner for Refugees in Kuala Lumpur was denied access to these 11 Uighurs and was therefore unable to ascertain whether they were in a position to make an asylum claim,” he added.

Lim pointed out that in the Australian situation, Putrajaya wanted to have an arrangement with the Australian government even though Malaysia did not have the requisite legal regime.

However in the Chinese situation, even though the necessary legislation was in place, the Malaysian government chose instead to relinquish legal jurisdiction over the 11 Uighurs and hand them back to China, he said.

“The inconsistent actions raise questions about the purpose and motive of the act of deportation,” he said.
The Bar president added that in October 2010 eight immigration officials, who were said to have been involved in a human trafficking ring, were arrested under the Internal Security Act 1960 and then subsequently released last month without charge.
“A
gain, nothing has been mentioned about protecting their human trafficking victims. By its very failure to take further legal action, the Malaysian government is placing in jeopardy its integrity in respect of human trafficking,” Lim said.

Umno using communist issue as a diversion, says Mat Sabu

By Shannon Teoh

September 02, 2011

 

KUALA LUMPUR, Sept 2 — Mohamad Sabu has called Umno’s accusations that the PAS deputy president is a communist sympathiser an attempt to distract the public from current issues such as electoral fraud and inflation.

He said in a press conference in Kota Baru that Umno was trying to cover up the weaknesses of the federal government by accusing him of revering communists.

“The issue of communism has been purposely raised by Umno’s newspaper to divert the attention of the public from electoral reforms and inflation,” he added in a statement released today.

Mohamad’s (picture) statements echo that of his Pakatan Rakyat (PR) colleagues who earlier accused Umno of rewriting history to ensure that the senior partner in the ruling Barisan Nasional (BN) takes sole credit for the independence struggle.

But the federal opposition has also admitted that Mohamad’s comments had allowed Umno a reprieve after being on the backfoot for months following record levels of inflation and the July 9 Bersih rally which saw tens of thousands pouring into the capital demanding for free and fair elections.

Umno has gone on the offensive since its Utusan Malaysia reported last Saturday that Mohamad had allegedly described as heroes those who attacked the Bukit Kepong police station during the pre-independence communist insurgency.

The Malay daily had accused him of disparaging the country’s armed forces and expressing support for communists but Mohamad, popularly known as Mat Sabu, has denied the report or mentioning communists and has threatened to sue the newspaper.

But Umno leaders such as vice-president Datuk Seri Hishammuddin Hussein and even former Prime Minister Tun Dr Mahathir Mohamad have continued to accuse the PAS man of trying to revise history and glorify communists.

However, Mohamad pointed out today that Mat Indera, one of the individuals he praised in his ceramah on August 21, had been recognised as a freedom fighter by Umno-controlled Berita Harian on August 13, 2010.

Denying that he “idolised communists,” the maverick politician also said that “Umno leaders are panicking as the history of the independence struggle is coming to light especially to the younger generation.”

“I have been detained under the Internal Security Act twice and was accused of being a religious extremist,” he added.

SAMM: Mat Sabu’s Bukit Kepong remarks good for history

By Yow Hong Chieh

September 02, 2011

 

KUALA LUMPUR, Sept 2 — Solidariti Anak Muda Malaysia (SAMM) has praised PAS deputy president Mohamad Sabu for inspiring youth to look deeper into the nation’s history beyond allegedly biased official accounts with his controversial remarks on the Bukit Kepong incident.

Federal Territories SAMM chief Shariful Azmir Mustafa said too many Malaysians believed the communists who attacked the Bukit Kepong police station in 1950 were terrorists and traitors when in fact it was the police officers on duty that day who were working to protect the interests of British colonialists.

“Was the police force during the British colonial period displaying loyalty to the Queen of England when the [British national anthem] ‘God Save the Queen’ was played every time a high-ranking British officer visited?
“This is a question that should be revisited so that the people know the true history of our fight against the colonialists,” he said in a statement today.

Shariful Azmir lamented that many of those who fought to free the country from colonial rule were sidelined by an overly narrow interpretation of history which only benefited Umno, one of the few organisations not made illegal prior to Merdeka.

He questioned why only Umno was allowed to campaign for independence when many other groups were fighting for the same.

“Did Umno allow itself to become a British stooge so that independence was achieved according to the colonialists’ mould?” he asked.

He said Malaysia’s history should be re-examined by historians who had no other interest than recording facts, and not by “paid historians” who based their accounts on what is demanded by the victors in an effort to hide the truth behind the nation’s independence struggle.

Former PKR central committee member and SAMM president Badrul Hisham Shaharin earlier today also praised Mohamad for breaking the longstanding taboo surrounding Malaysia’s fight for independence and opening it up to public scrutiny.

“Every time we celebrate independence we are fed with [stories about] Datuk Onn (Jaafar), Tunku Abdul Rahman until (Prime Minister Datuk Seri) Najib (Razak). Are these the only heroes we have?” he said on his blog.

The Rembau PKR division chief also questioned if Umno’s animosity towards the Communist Party of Malaya (CPM) stemmed from opposition to the latter’s communist ideology or was it inherited from British colonialists, citing Umno’s party-to-party links with the Communist Party of China (CPC).

Badrul Hisham said Malaysia had recently sent Muslim Uighur political refugees back to China at the CPC’s behest despite the likelihood that they would face torture and even death there for their alleged involvement in a secessionist movement.

“Who is really pro-communist?” he asked.

Umno has gone on the offensive since Utusan Malaysia reported last Saturday that Mohamad, popularly known as Mat Sabu, had allegedly described those who attacked the Bukit Kepong police station during the pre-independence communist insurgency as heroes.

The Umno-owned daily had accused him of disparaging the country’s armed forces and expressing support for communists but Mohamad has denied mentioning communists and has threatened to sue the newspaper.

Merdeka! Are we truly free?

Aug 31 is a day of reflection, of taking cognisance of the fact that the country’s independence or Merdeka can no longer be taken for granted, that too by the “keepers” of this nation.

Regrettably, it is the “powers that be” that have marred the meaning of Merdeka. Corruption, nepotism, cronyism and the abuse of the judiciary and legislation have marred the significance of Merdeka, especially for the younger generation.

Instead of imparting profound meaning to Malaysians, Aug 31 had been reduced from the sublime to the ridiculous by the power-hungry and “self-first” politicians-leaders of this country.
The fact is Malaysia is “independent” but only in name, not in act. The existence of draconian laws that are continuously abused by the “powers that be” to safeguard its position have turned the understanding of Merdeka into a laughing stock.

To worsen matters, politicians never tire of playing the racial card, not the least bothered that they have relegated the nation’s Merdeka, the respect all but diminished. As for patriotism, it had become very much a case of “to each their own”.

Had the country’s Merdeka been given due respect, the rights and sentiments of its people of all races would have been equally respected. We would not have had the incident where former prime minister Dr Mahathir Mohamad cautioned the non-Malays to “behave” themselves if they were to continue living in this country. For Malaysia, he said, belongs to the Malays, simply because at one time this nation was called Tanah Melayu (the Malay land).

If Merdeka held any meaning to the country’s leadership, there would have been no such case where the present deputy prime minister Muhyiddin Yassin unabashedly proclaimed that he is a “Malay first and Malaysian second”.

Misusing the keris

Had the meaning of Merdeka been understood by Umno, the country’s dominant party championing Malay rights, its key players would not have misused the keris or Malay dagger by swaying it at the party’s general assemblies to remind the non-Malays to back off from questioning Malay rights.

Under Article 153 of the country’s Federal Constitution, the Malay rights are guaranteed, thereby creating a deadlock as far as debating these privileges is concerned.

Indeed, if Merdeka truly holds meaning, the Aug 28, 2009 episode would not have happened – where a cow head that had been severed was stepped on by a group of angry Malays who could not tolerate and accept the fact that a Hindu temple would soon be built in their neighbourhood of Section 23 in Shah Alam. Merdeka, really?

What was unbelievable was that such an act of desecration went on to receive the support of the Home Minister Hishammuddin Hussein. Did he not know that the cow is considered a sacred animal to Hindus? Merdeka, are we?

Yes, the painful truth is that Merdeka is no longer synonymous with freedom or liberty, more recently depicted by the July 9, 2011 “Walk for Democracy” rally calling for free and fair elections.

The police brutality vis-à-vis tear gas and water canons and beatings would always serve to remind Malaysians that they, albeit living in an independent and democratic nation, have no avenue to voice out their unhappiness with the government.

The Barisan Nasional-government which had been ruling the country since 1957 is no longer taking any chances, not after the political debacle it faced three years ago, when it lost five states to the opposition in the 12th general election.

The BN-agenda now is to, by hook or crook, silent all dissenting voices and impress a rosy picture of the country, the aim being to give BN the chance to enjoy the two-third majority that was denied in 2008.

Merdeka –but from whom?

The federal government’s refusal to do away with draconian laws such as the Internal Security Act 1960, the Emergency Ordinance (Public Order and Prevention of Crime) 1969 and the prohibitive Official Secrets Act 1972 and Printing Presses and Publications Act 1984 all confirm that Merdeka had long been manipulated by the BN-government and Umno, both of whom are led by Prime Minister Najib Tun Razak.



The June 26, 2011 arrest of 30 activists from Parti Sosialis Malaysia under trumped up claims of waging war against the country’s monarch and spreading subversive beliefs is another proof that truth has no place in the heart of the country’s leadership.

To summon the police to “finish off” certain people because of the “danger” they pose had put the police force in a shameful position. Deaths in police cells have become the norm more than an exception. The Najib-led government’s refusal to acknowledge the importance of the Independent Police Complaints and Misconduct Commission (IPCMC) in helping reform the police force signals that all is definitely not well where Malaysia’s democracy and Merdeka are concerned.

Tampering with the country’s judiciary to stifle the truth, as seen from the “suicide verdict” announced in the case of the DAP-aide Teoh Beng Hock and detainee A Kugan who ended up dead while in police custody give the rakyat much reason to question the validity of Aug 31.

When long-serving estate workers as in the case of the Bukit Jalil estate residents are made homeless by City Hall under the pretext of development, can they be blamed for questioning if Merdeka truly exists for Malaysians?

Unity vital for Merdeka

Does unity i.e. camaraderie between the rakyat exist? If the non-Malays are incessantly chastised and threatened, as done by the extremist Malay-rights group Perkasa and the Umno-owned Malay daily, Utusan Malaysia and coupled with the poor example shown by the country’s leaders, the answer at best is ambiguous.

Name-calling and threats are not going to sustain the Merdeka spirit for long. For a nation as young as Malaysia, there is much to learn in preserving the independence it had achieved from its British masters.
But it seems that the country’s politicians, this includes Najib, the ever-racist Hishammuddin, Perkasa founder Ibrahim Ali and the Umno honchos are far too foolishly arrogant to want to learn from the annals of history on what it takes to promote unity and sustain the independence gained.

Malaysians like Perkasa’s Ibrahim through his racial discrepancies has tainted the whole struggle towards Aug 31, when the nation finally achieved independence back in 1957.

The likes of Ibrahim believe their onslaught of threats would blench the non-Malays into subservience towards the dominant race, often times promising bloodshed should the non-Malays dare question Article 153 of the Constitution.

The damage, however, had long been done. In 2009, churches were attacked with petrol bombs after a court lifted a government ban on the use of “Allah” as a translation for “God” in Malay-language bibles.
The ban had been in place for years but enforcement only began in 2008 out of fear the word could encourage Muslims to convert.



Najib decided meeting Pope Benedict XVI in July this year to facilitate relations with the Vatican would somehow placate the Christians back home. But once again, Najib failed to walk his talk, unwilling to control the reigns of the overzealous respective state religious departments.

Using faith to rebuke and condemn as well as the repeated threats to persecute the non-Malays is a recipe for disaster.

The most recent case of “attack” by the Selangor Religious Department (JAIS) which on Aug 3 raided the Damansara Utama Methodist Church under the claim that it was investigating complaints of apostasy among the Muslims who attended a farewell dinner there have placed unity between the people in a very precarious position.

Just five days before the nation’s 54th “birthday”, a death threat made its way to non-governmental organisation Harapan Komuniti, organiser of the thanksgiving dinner held at DUMC.

FMT reported on Aug 27 that the threat, in the form of a handwritten note, was written in Malay and contained a warning to Christians that Muslims would not “lose”. Fearing for the lives of those under its care especially children, Harapan Komuniti had no choice but to “relocate” its outreach centre for single mothers and people living with HIV/AIDS as well as its tuition centre for needy children.

Umno marred Aug 31′s significance

The government is upset that Malaysians are not patriotic enough, looking at the pathetic display of the Jalur Gemilang, the name given to the Malaysian flag, be it at homes, offices or restaurants.

But had the BN government bothered to figure out what is dissuading the rakyat from flying their national flag come Aug 31?

For one, looking at the threats to racial unity and the political agenda of BN and Umno, there is no reason to be convinced that Merdeka is very much alive and kicking in Malaysia.

The BN government has to work very hard to bring back the people’s profound feeling for Aug 31 and not dismiss it as yet another public holiday.

It appears that the blemish and nightmare left behind by the May 13, 1969 racial riot is lost on Umno in particular and BN in general. Democracy had been taken for granted by Najib and his cronies, when abusive laws despite having overstayed their welcome, are used as a weapon to threaten the rakyat, forcing them to crouch under fear.



Malaysians are fed up with the BN- government’s bullying tactics. The 2008 general election verdict was the rakyat’s way of saying they had had enough. But a stubborn BN refused to listen and learn.

Once again Malaysians’ showed their displeasure with the dirty tactics of the BN-leadership, this time when they supported election watchdog Bersih 2.0.

But did the Najib-administration listen? Unfortunately, not and it went on to make the mistake of manhandling the participants. And then Najib is puzzled as to why Malaysians are indifferent to the Jalur Gemilang.

The answer is obvious, is it not? But still, here is wishing the rakyat Selamat Merdeka!

Dayaks must know ‘fundamental rights’

KUCHING: Dayak communities in Sarawak and Sabah must be united and be informed of their ‘fundamental rights’ to their land.


Calling on all natives to be united, Sarawak DAP chairman Wong Ho Leng told the Dayak communities: ‘You must know your rights. Land is your life. These are your fundamental rights. And you must not allow your land to be taken to plantation conglomerates and to their cronies.

“Together, let us defend your rights.”

Wong also asked Dayak Barisan Nasional leaders such as deputy Chief Minister Alfred  Jabu Numpang, Land Development Minister James Masing, Social Development and Urbanisation Minister William Mawan and Infrastructure Development Minister Michael Manyin to be ‘true’ spokesmen for the Dayak community.
He said many Dayak BN leaders were supportive of the opposition on the issue of native customary rights (NCR) land.

“It is really pitiful and sorrowful that the Dayak ministers, members of parliament and state assemblymen are not prudent and not true spokesmen for the Dayak communities.

“They are not daring enough to talk about NCR land problems in Parliament or in the state assembly.

“I can tell you that during coffee breaks, they (BN Dayak reps) chose to sit next to us.

“And suddenly I felt pieces of paper being pushed into my pocket. Even without opening the papers, I know what is written inside.

“It concerns NCR land problems which they (BN reps) want us, the opposition, to raise,” he said.

Unhappy landowners

Wong, who is also the Sibu parliamentarian, assured the Dayak communities in Sarawak and Sabah that Pakatan Rakyat will not be like BN and trivialise the Dayak’s right to land.

He said Pakatan will recognise NCR land as defined by the courts.

“This is the pledge of Pakatan Rakyat when we take over both the state and federal governments.
“We have to abide by the court decisions which have declared that NCR lands include temuda land (farming land), pulau galau (communal forests), pemakai menua (territorial domain), pendam (graves) and tembawai (old longhouse sites),” said Wong during a Dayak Reawakening seminar here.

Reassuring the Dayak communities, Wong said: “The Pakatan Rakyat will not be like the Barisan Nasional which has refused to abide by the court decisions.

“The BN government recognises and surveys only the temuda land. Other portions of the NCR lands are taken away and given to plantation conglomerates and crony companies.

“Unhappy landowners are suing the government for taking away their lands. There are now more than 200 NCR land cases.

“Some have been decided by the courts and many more are pending hearing,” said Wong who is also Bukit Assek assemblyman.

Court decisions

According to Wong, who is a lawyer, the state government had appealed against High Court decisions favouring the Dayaks.

“The state government appeals to the Court of Appeal, when they fail again, they appeal to the Federal Court.

“Even the Federal Court agreed with the lower courts that NCR lands should include pulau galau, pemakai menua, temuda land, and so on.

“Yet today, the state government refuses to abide by that ruling,” he said.

According to the state government, there are 1.6 million hectares of NCR lands.

“But where are they? Do you know where?’ Wong asked.

He pointed out that when Pakatan form the government, it will identify the lands, survey and give titles to the rightful owners.

“We will not take away the NCR lands. Instead we will help the Dayaks to develop their land.
“Certainly it will not be a Pelita-type of land concept where the native landowners only receive 0.17 sen as dividends per acre per year.

“To help the landowners, we will form a land commission. This is our pledge,” he said.

Aussie court ruling ends ‘international charade’

Amnesty International and the DAP welcome the Australian High Court decision on the 'legality' of the Australia- Malaysia refugee swap deal. 


KUALA LUMPUR: Global rights movement  Amnesty International (AI) today lauded an Australian High Court decision  ‘stopping’  a controversial refugee swap deal between Australia and Malaysia.

Describing the decision as “a landmark victory for human rights”, Amnesty’s refugee spokesman Graham Thom said AI had  consistently warned the Australian government that Malaysia was a dangerous destination for asylum seekers.

He said sending ‘vulnerable’ people to Malaysia violated Australia’s obligations under international laws.
“Amnesty International is delighted that the High Court has prevented this outrageous, politically-motivated scheme from going ahead.

“Malaysia is clearly not a safe destination for refugees and asylum seekers.

“The government should have not contemplated outsourcing Australia’s refugee protection obligations to a country which regularly canes, detains and abuses asylum seekers, and which refuses to sign the UN Refugee Convention,” said Thom in a statement released by Amnesty in the United States.
On Aug 31, Australia’s High Court ruled that the Australia-Malaysia refugee swap as illegal.

The court noted that Malaysia provided no legal guarantees to protect the rights of asylum seekers.

‘Common sense has prevailed’

The decision has been largely applauded by activists on both sides who felt that Malaysia as a non-signatory to the 1951 Refugee Convention was the least suitable place to dump refugees.

Of particular concern to many was the fact that children were among the many refugees under the swap deal.

The decision, Thom said, vindicated Amnesty’s grave concerns that unaccompanied children would be at particular risk if removed to Malaysia.

“As the legal guardian of the unaccompanied minors, the Immigration Minister must act in the children’s best interests.

“Sending them to Malaysia is in blatant breach of the UN Convention on the Rights of the Child.”
“Now that the High Court has put an end to this sorry saga, it’s time for common sense to prevail,” added Thom.

“Australia should treat all asylum seekers equally, regardless of whether they come by boat or by plane.
“All asylum seekers should be processed on the mainland in accordance with our obligations under the UN Refugee Convention,” he said.

‘International charade’

Meanwhile Malaysia’s opposition party DAP has also welcomed the Australian High Court decision
Bukit Bendera parliamentarian Liew Chin Tong said the ruling had put a stop to “an international charade.”
“It has also highlighted the Malaysian government’s failure to be a signatory to the Refugee Convention, which has been ratified by 147 countries around the world.

“The arrangement between Australia and Malaysia on transfer and resettlement is akin to two sovereign governments engaging in trading humans for money.

“The 1951 Convention relating to the Status of Refugees is the key legal document in defining who is a refugee, their rights and the legal obligations of states towards refugees. The 1967 Protocol removed geographical and temporal restrictions from the Convention,” he said.

Liew added that with the ruling, Malaysia, as a responsible member of the international community guided by ethics and principles, should not pursue the refugee swap deal any further.

“It should ratify the Refugee Convention immediately,” he said.

Enact refugee protection laws, Bar Council tells government

By Clara Chooi

September 01, 2011

 

KUALA LUMPUR, Sept 1 — With Australia’s highest court having declared the “Malaysia Solution” illegal yesterday, the Bar Council has now urged the Malaysian government to “grow up” by enacting municipal laws granting protection rights to refugees.

Council president Lim Chee Wee wrote in his Merdeka message today that the federal government should learn from the experience and, after enacting laws, should also accede to the 1951 Convention on the Status of Refugees and the 1967 Protocol.

Lim said Malaysia needs to show respect for the rule of law and the right treatment of people. — File pic

“Ultimately, Malaysia has to cease being a laggard when it comes to respect of human rights of both its citizens and non-citizens. If not, other attempts at international co-operation may well suffer the same embarrassing fate,” he said.

 

Lim said the “non-law-based” approach used in the “Malaysia Solution” had been “immature”, adding that the country needed to show respect for the rule of law and the right treatment of people.

“It is not enough that we celebrate one national birthday after another, patting ourselves on our backs, congratulating ourselves on how we have done well as a country and not rent ourselves asunder through racial and religious intolerance and civil unrest.

“Merdeka must also mean maturing in our profession and practice of the rule of law and the protection and promotion of the rights of humanity. In these respects it is clear that much more can and needs to be done,” he said.

In a 6-1 decision yesterday, the Australian High Court declared the Malaysia-Australia refugee swap deal as illegal with Chief Justice Robert French saying that the declaration had been made “without power and is invalid”.

The court barred asylum seekers held by Australia from being sent to Malaysia, a ruling that will likely derail the swap deal to send 800 boat people to Malaysia in exchange for 4,000 already-processed refugees to Australia.

The move was put on hold earlier this month after Melbourne lawyer David Manne won a High Court injunction to prevent deportations pending a decision on the deal.

French argued that Australian-held asylum seekers had rights to refugee protection assessed in Australia, and that the High Court could review Australian Minister for Immigration and Citizenship Christopher Bowen’s declaration that Malaysia was a suitable destination for offshore processing.

Lim pointed out today that the deal, inked between Bowen and Home Minister Datuk Seri Hishammuddin Hussein on July 25 here, was thrown out by the court after the Australian judiciary held that the former could only “remove asylum seekers to a third country to process their claims” if the country is legally bound by international or its own domestic law.

“In addition to these criteria, the Australian Migration Act 1958 required that the country ‘meet certain human rights standards in providing that protection’,” he said, noting that Malaysia does not yet have laws governing the protection of refugees or asylum seekers.