LLG: Menolak ekstremis perkauman, Mempertahan hak kebudayaan semua kaum

Menolak ekstremis perkauman, Mempertahan hak kebudayaan semua kaum

Aug 25, 2010 02:04:48 pm

 

Pusat Pembangunan Kebudayaan LLG berasa khuatir terhadap kenyataan dan tindakan perkauman secara berleluasa baru-baru ini, lebih memeranjatkan ialah sehingga kini Perdana Menteri dan Timbalan Perdana Menteri berdiam diri dalam isu-isu tersebut, ini mengakibatkan rakyat hilang keyakinan terhadap slogan inklusif umpamanya "Satu Malaysia" dan "Rakyat Didahulukan" yang diketengahkan Perdana Menteri selepas mengambil alih pemerintahan kerajaan.

Dua orang guru besar sekolah kebangsaan memaki murid-murid "balik China" dan mengejek gelang keagamaan Hindu yang dipakai oleh pelajar India seperti rantai anjing. Pada awalnya, alasan yang diberikan oleh pejabat pendidikan ialah "salah faham", tetapi selepas dikecam oleh parti-parti politik dan pertubuhan-pertubuhan, Timbalan Perdana Menteri baru berkata isu ini akan disiasat.

Di samping itu, Majlis Perundingan NGO Melayu (MPP) dan PERKASA mahu kerajaan menahan Presiden MCA Chua Soi Lek (gambar kiri atas) di bawah ISA kerana menyokong cadangan kuota 30% bumiputera dimansuhkan; MPP menyaran kerajaan memansuhkan sekolah ibunda; Utusan Malaysia cuba mengapi-apikan isu pemansuhan kuota bumiputera dan perlembagaan baru, sebuah surau Seremban disimbah cat merah; amat kesalnya pimpinan tertinggi kerajaan tidak mengkritik perkembangan kurang sihat ini.

Kami berharap Perdana Menteri dan Timbalan Perdana Menteri "cakap serupa bikin", menjaga konsep inklusif dan kepelbagaian yang diketengahkan, mempertahan hak-hak kebudayaan semua kaum dan sekolah ibunda, jangan biar kenyataan dan tindakan ekstremis perkauman merosakkan hubungan kaum.

Satu lagi kekhuatiran ialah, sejarah telah menunjuk-ajar kita, bahawa dalam satu negara berbilang kaum yang politiknya belum berlandaskan demokrasi, spekulator politik sering menggunakan alasan "hubungan kaum tegang" untuk menindas musuh politik dan pihak berlainan pendapat, ia menghalang perkembangan sihat demokrasi.

Pihak tertentu telah memberi amaran bahawa fenomena-fenomena ini telah timbul di Malaysia. Kami ingin memperingatkan Perdana Menteri dan Timbalan Perdana Menteri, jika kerajaan berhasrat menjadikan Malaysia sebuah Negara maju, tidak wajarnya patah balik dalam arah perkembangan politik sekarang, mereka harus mencegah perlakuan tersebut.

Pusat Pembangunan Kebudayaan LLG berpendapat, bagi fenomena perkauman berleluasa ketika ini, puncanya ialah ideologi perkauman yang telah diinstitusikan selama ini. Politik perkauman yang melaksanakan pecah dan perintah, Pemuda UMNO menjulang keris dan mengugut akan membakar Dewan Perhimpunan Cina KL-Selangor, kenyataan diskriminasi perkauman terang-terang Ahmad Ismail dan Nasir Safar, unsur-unsur perkauman yang diindoktrinasikan oleh Biro Tata Negara - tanpa "teladan negatif" semua ini, sekolah dan media tidak akan dijangkit virus perkauman.

Perdana Menteri Najib Razak mesti berani menghapuskan ideologi perkauman yang diinstitusikan, memimpin Barisan Nasional keluar daripada kongkongan politik perkauman, jika tidak "Satu Malaysia" akan menjadi satu kenyataan hampa.

*Kenyataan media oleh Toh Kin Woon selaku Presiden Pusat Pembangunan Kebudayaan LLG.

SUARAM: Changes to Immigration Detention Centres Must Respect Human Rights

Press Statement: 26 August 2010

Changes to Immigration Detention Centres Must Respect Human Rights

SUARAM welcomes the Malaysian Government’s move to review the management and upgrade the facilities of Immigration Detention Centres. National and international human rights organisations have long raised concerns regarding the deplorable conditions and poor management of detention centres but up until now, the Government has repeatedly denied such claims. By acknowledging the dire conditions at the detention centres, it stands to reason that the Government can no longer ignore this issue.

It was announced that the Government intends to revamp the detention centres within the next 3 months. However, SUARAM is concerned about some aspects of the announced plans which are as follows:

*1.      **Reinstating RELA to manage security*

In November 2007, when the management of immigration detention centres were transferred from the Prisons Department to the Immigration Department, RELA personnel were deployed as the Immigration Department lacked personnel. Mid-2009 onwards, RELA personnel were withdrawn from the detention centres.

During the period that RELA assisted in managing the detention centres, there were many allegations of poor treatment of detainees by RELA personnel, including verbal, psychological and physical abuse.

SUARAM is disappointed that the Government has made a u-turn on this decision by now including RELA in the management of the detention centres again. We have repeatedly argued that RELA personnel should not be given powers to act as law enforcement agencies as they do not have adequate training.

*2.      **Explore alternatives to detention*

As most migrants detained in immigration detention centres are detained for flouting immigration laws and are not criminals, detention should be used as a last resort. If there is a need for them to be held for processing
purposes, alternatives to detention must be explored such as those currently practiced in Australia, including community detention or case management[1]

Detention should not be the first option particularly when it comes to refugees, asylum seekers, stateless persons, children and trafficked victims. Refugees, asylum seekers, stateless persons and trafficked victims
cannot be deported, and as such should be released.

*3.      **Security should not be the main concern*

Based on news reports, it seems like the Government is more concerned about the security aspect of immigration detention centres rather than the welfare of the detainees. SUARAM is of the view that adequate attention must be given to fulfilling the basic rights of the detainees. These include providing clothing, bedding, adequate clean water, sufficient diet, on-site access to health care, personal sanitary supplies, and daily activities.

In line with these serious concerns, SUARAM calls on the Government to:

·         Stop the use of RELA in the management of immigration detention centres.

·         Stop the detention of refugees, asylum seekers, stateless persons, trafficked victims and children.

·         Explore alternatives to detention as a method to minimise the use of detention as first resort for those who have violated immigration laws.

·         Ensure that the Standard Operating Procedures (SOP) for the management of immigration detention centres complies with international human rights standards such as the UN Standard Minimum Rules for the Treatment of Prisoners and the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment.

·         Hold regular consultations with civil society and stakeholders to openly discuss and receive recommendations on how to improve the management of immigration detention centres.


Released by,

Temme Lee
Coordinator

[1] International Detention Coalition (2009) “Case management as an alternative to immigration detention: The Australian Experience”, at  http://idcoalition.org/wp-content/uploads/2009/06/casemanagementinaustralia.pdf, accessed 25 April 2010.

AWAM Urge for More Research on Dumping Babies’ Issue

24 August 2010

Letter to Editor, 

All Women’s Action Society (AWAM) Urge for More Research on Dumping Babies’ Issue

Baby dumping is not something new and the recent spate of incidents finally attracted the attention of the authorities. This provoked the usual knee-jerk reactions.  PAS blaming Valentine’s & New Year’s day celebrations and authorities condemning motor bikes ride with the opposite sex as pillion rider, are just some of the ridiculous reactions, which reflect the serious lack of analysis and understanding of the issue.

It is important to conduct proper studies and delve deeper into the issue before meting out unqualified, harsh and judgmental ‘punishments’ which will not only destroy any persons but also not offer any solutions. It is often through fear of being subjected to harsh reprimands, rehabilitation and stigmatisation that forces people to dump babies. Hence, the first step would be to create a safe environment where these people know that they can go to – to be helped, to be listened to, to be understood and to be cared for. 

AWAM would like to stress that baby dumping is not about a sexual relationship, but about the need for solid sex education which includes the respect of the body and responsible relationships. AWAM therefore, strongly advocates sound sex education, beginning from the home and in both primary and secondary schools. This is in the hope that with knowledge and reliable information, people would be able to make responsible and informed choices in their lives. This will ultimately save lives!

Haslina Yacoob

President of AWAM

ALIRAN: Abandon inquest: Set up Royal Commission of Inquiry

Abandon inquest: Set up Royal Commission of Inquiry

Friday, 13 August 2010 19:50

The inquest into the death of Teoh Beng Hock has been totally discredited. Nobody is going to believe the coroner’s verdict. The latest sham that has emerged - claiming the discovery of a mysterious note - only seems to suggest what that verdict is likely to be. We were told that the findings of the Teoh Beng Hock’s death would be made known within two months. Now after more than one year, we are nowhere nearer the truth; no one is any wiser when the findings would be concluded. All that we have witnessed are delays and denials adding to the agony and anguish to the Teoh family. It is unfair to them that they should suffer this dereliction without any sign of closure to this tragedy. When one is seeking the truth, no stone should be left unturned; no scrap of evidence should be overlooked. But – unfortunately – this wasn’t the case in this inquiry. According to the investigating officer, he found a note in Beng Hock’s sling bag but put it aside because he “did not realise the significance of it”. What gave him that right to come to this conclusion? His duty and business should have been to sieve through every item that was in that sling bag for possible clues. But he behaved like a clueless amateur displaying a total lack of discernment. The Attorney-General’s clarification - that when this note was finally brought to his attention on 7 October 2009, he wanted further investigations to be carried out - is indeed baffling. He should have tendered this to the coroner for the court to determine its authenticity and relevance to the case. To submit this so-called “new evidence” some 10 months later is totally unacceptable. It only raises questions of ethics and propriety. From whatever angle one may look at this situation, there is only one inevitable conclusion and that is evidence has been clearly and surreptitiously suppressed. Instead of assisting by all means to arrive at the truth, the AG’s Chambers have not acted in a transparent and honest manner by hanging on to this so-called “new evidence” that suddenly seem to have assumed “significance” now. This so-called “new evidence” has unfairly disrupted the entire process/proceedings so far and made the inquiry untenable. If it had been tendered from the very beginning, the trend of questioning would have taken a different form and direction. There seems to be a contradiction in the statement issued by the AG’s Chambers as to when the note was discovered. In Paragraph 4, it is stated, “According to the investigation officer, it was not found when he first searched the deceased's sling bag after the incident.” But in Paragraph 10, we are told: “However, recently the investigation officer owned up by admitting that he did in fact find the note when he searched the sling bag on July 17...” What then is the truth? In Aliran’s view, the inquest has been totally discredited and therefore should be disbanded/discontinued; it should make way for the setting up of a Royal Commission of Inquiry. Anything short of this would be a travesty of justice. P Ramakrishnan President 13 August 2010

Malaysian Bar calls for Royal Commission of Enquiry

Press Release: Malaysian Bar calls for Royal Commission of Enquiry 

The Malaysian Bar is disappointed that the Attorney-General’s Chambers has withheld a crucial document from the Coroner’s Court in the Teoh Beng Hock inquest.  The suppression of evidence, particularly in such a high profile matter, is disturbing, regardless of the reason.  This action is indicative of a serious lapse of judgment and undermines the proceedings of the inquest.

It is a fundamental tenet of the criminal justice system that all evidence must be disclosed, and made accessible to all parties, including evidence that is detrimental to the prosecution’s case.  Prior to the commencement of the inquest, the prosecution ought to have furnished to the defence and the Court all documents that are relevant and necessary for the Coroner to determine the cause of death based on all facts and evidence before the Court.  The principle of disclosure is aimed at ensuring that justice is served in all cases.

It is the duty of the court, and not of the prosecution, to determine the authenticity or relevance of any piece of evidence.  The prosecution is duty bound to uphold fairness and justice, which without doubt includes the full disclosure of all evidence uncovered during the investigation.  The failure to produce the document as soon as it was discovered raises misgivings about the credibility and fairness of the prosecution, and its poor judgment points to the lack of transparency.

Over one year after Teoh Beng Hock’s untimely demise, public confidence in the investigation and prosecution of the case remains low, and the credibility of the Malaysian criminal justice system is still very much in doubt.  The Malaysian Bar calls on all parties in the case, particularly the prosecution, to do their utmost to ensure that not only justice is done, but it is seen to be done.

We reiterate our longstanding call for the establishment of a Royal Commission of Enquiry (RCE) to investigate Teoh Beng Hock’s death.  The RCE should also examine the shortcomings within the criminal justice system, and ensure that protocols are introduced to guarantee full compliance with accepted norms of the criminal justice system.   

 
Ragunath Kesavan
President
Malaysian Bar

10 August 2010

SUARAM: Federal Court Decision on Former ISA Detainee Abdul Malek Husin: A Negative Development on Human Rights Development in Malaysia

Press Statement: 12 August 2010

Federal Court Decision on Former ISA Detainee Abdul Malek Husin: A Negative Development on Human Rights Development in Malaysia

Suara Rakyat Malaysia (SUARAM) expresses its grave disappointment and expresses serious concern over the Federal Court judgment today which overturned a RM2.5 million award to former Internal Security Act (ISA) detainee Abdul Malek Husin following an appeal by the Malaysian government.

The Federal court reversed the High Court decision and the Federal Court has upheld the Court of Appeal ruling to overturn a High Court decision his suit against the government. The Federal Court thus ruled that Malek Husin will not receive the damages awarded to him by the High Court and ordered Malek Husin
instead to pay RM20, 000 in costs. It’s a total setback to the former detainee and also for the rest of the Malaysians. He was detained without trial for 57days under the ISA; he was tortured, beaten up & now to pay costs RM 20k. 

Something is really wrong with our judges and judiciary system in Malaysia!

Suaram is of the view that the judgement sets a negative bench mark on human rights development in Malaysia as the court refuse to even hear a fundamental question pertaining Article 5 of the Federal Constitution as it went on to reject the leave application citing Court of Judicature Act. Suaram feels that courts failed to exercise its jurisdiction to address fundamental constitutional rights and civil liberties by choosing to adopt technical grounds per se.

The judgement reaffirms the current worsening culture of impunity and torture by further granting a 20,000 RM cost over a public interest litigation seeking justice over his rights and fundamental liberties that was purportedly violated by the most notorious undemocratic law of the nation. The message sent by the
courts is that the only mechanism available to make police actions accountable is laden with risk of reverse punishment in form of a cost. Suaram views that all public interest litigations should not burden litigants with cost or fear of cost in addressing the legal remedy over one’s Constitutional rights and freedom.

The Federal not only refused to hear a question of fundamental rights enshrined in the Federal Constitution but it also went on to punish the person for raising it. The judgement is the biggest blow to our judicial integrity since the controversial Lingam Tape and the controversial appointment of UMNO linked lawyer Tan Sri Zaki Azmi as the Chief Justice of Malaya.

Court Rules In Favour of Human Rights Violators!

SUARAM also views this as another dire attempt by the government to defend the indefensible ISA which allows detention without trial. It is a known fact that all ISA detainees are subjected to severe psychological torture and put in solitary confinement in their 60 days detention. Detention without trial for such a long period without any access to lawyers, family and the outside world is itself a cruel maltreatment to the detainees. Many amongst them, like Malek Husin, have been subjected to physical torture while in detention.

Malaysia Accepts Torture?

The Federal Court judgement today, rejecting the findings of the High Court that Abdul Malek was indeed tortured while in detention, did nothing more than to reaffirm the acceptance of torture in the country not only by the Malaysian government – which has still to date refused to ratify the UN’s Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) – but also by the Malaysian judiciary!

SUARAM strongly urges the Malaysian government to immediately ratify the CAT. SUARAM finds no reason for the refusal of the government to do so but for its acceptance of torture as a punishment in the country!

Abolish the ISA!

The absence of judicial checks and balances in ISA detentions has also exacerbated the abuses of power by the police who can get away with impunity. Malaysia cannot call itself a democratic country when there is such a law that permits detention without trial and gross violation of human rights.

SUARAM reiterates its demand that the government abolishes the ISA frees all detainees or accords them a fair trial. SUARAM stands strongly against any law that provides for detention without trial.

Last but not least, SUARAM reaffirms that it will build on the struggles, sacrifices and perseverance of the numerous courageous ex-ISA detainees and their families who have stood up against the draconian law. With the support of  the people, SUARAM will continue the struggle until the ISA is finally abolished.

Released by,



Nalini, E.
SUARAM Coordinator


Background

Abdul Malek Husin was arrested on the night of September 25, 1998 after addressing a demonstration earlier that afternoon in Masjid Negara. He accused the police of severely assaulting him, physically and mentally.

In the past trial, Malek Husin told the court that he was slapped by the respondent, Borhan bin Haji Daud when he was arrested. Then he was stripped naked and blindfolded during the interrogation period. He was physically assaulted for about 60 times, beaten-up and hit hard on the head until he passed out. He was also forced to swallow liquid with terrible stench, which deemed to be urine. His interrogators also threatened to inject him with the HIV/AIDs virus.

Malek Husin filed his suit civil suit in March 1999, naming special branch officer Borhan Daud, the then police chief Abdul Rahim Noor and the government as respondents. On 18 October 2007, then Kuala Lumpur High Court judge Mohd Hishamudin Mohd Yunus, ruled that Malek Husin’s detention during the Reformasi
demonstrations in 1998, were made in bad faith under Article 5 of the Federal Constitution. He was rewarded RM 2.5 Million for the damages.

On the 25th March, The Court of Appeal’s convened by a panel of three judges, reversed the High Court decision and ruled that Malek Husin detention was lawful and rejected his allegations of torture while in custody. The Court of Appeal thus ruled that Malek Husin will not receive the damages awarded to him by the High Court and ordered Malek Husin instead to pay RM50, 000 in costs.

SUARAM : SUHAKAM’s Positive Efforts Must Continue

Press Statement: 5 August 2010

SUHAKAM’s Positive Efforts Must Continue

SUARAM commends the Human Rights Commission of Malaysia (SUHAKAM) for sending an official monitoring team to the Anti ISA candlelight vigil on 1 August 2010 at Padang Timur Dataran MBPJ, Petaling Jaya. This was in response to an earlier request by SUARAM and Gerakan Mansuhkan ISA (GMI) to send a monitoring team for the vigil. The vigil was held to commemorate the passing of the Internal Security Act (ISA) 50 years ago and to call for the abolition of the ISA.

SUARAM notes that SUHAKAM Commissioners James Nayagam and Muhammad Sha'ani, accompanied by their five officers, were present before the vigil began and also at the Petaling Jaya police headquarters where those arrested were brought. They continued monitoring at the police station until the last person was released at approximately 4.50am.

This is indeed a positive step forward following SUHAKAM’s refusal to do the same exactly one year ago, in the massive anti-ISA rally in August 2009, which subsequently saw 589 individuals being arrested.

Such renewed efforts in SUHAKAM’s work is indeed welcomed and is especially timely in view of the continued occurrence of grave violations of human rights in the country. SUHAKAM’s latest effort is a glimpse of what the Human Rights Commission that Malaysia could and ought to do to fulfil its mandate as a credible national human rights institution and expected role as a public defender of human rights.

Notwithstanding this, SUARAM expresses concern over the government’s disregard of SUHAKAM’s previous recommendations. The arrests made during the anti-ISA candlelight vigil on 1 August 2010 were the latest of the many instances of the government’s refusal to comply with SUHAKAM’s numerous recommendations on peaceful assembly, including those contained in the Commission’s reports of its public inquiries on the cases of the Kesas Highway incident (2001), the “Bloody Sunday” incident in KLCC (2006), and the Bandar Mahkota Cheras incident (2008). In the report of the public inquiry into the “Bloody Sunday” incident, for example, SUHAKAM recommended that “peaceful assemblies should be allowed to proceed without a license”. However, through the excessive use of force by the police and FRU personnel in dispersing participants of the candlelight vigil and previous peaceful assemblies, it is evident that SUHAKAM’s repeated recommendations to the Government have fallen on deaf ears.

SUARAM thus strongly calls upon the police and the Malaysian Government to respect SUHAKAM’s decisions and actions following the Anti ISA vigil and to implement all recommendations made by SUHAKAM.

Encouraged by the positive efforts by SUHAKAM, SUARAM lastly urges the Commission to revisit all recommendations made to the government with increased vigour. SUHAKAM must ensure that its improved efforts in the protection and promotion of human rights do not end with this instance.

--
Best regards,

郑文辉
MoonHui
Coordinator
Suara Rakyat Malaysia (SUARAM)
012-7209981 / 03-77843525