Bar: Nation’s institutional reforms deserve greater priority and attention than bedroom antics

Press Release

 

Nation’s institutional reforms deserve greater priority and attention than bedroom antics

 

The proposal to establish a Royal Commission of Inquiry (“RCI”) to probe the sex video clip publicised by the “Datuk T trio” is misguided. It invokes more questions in people’s minds, than the suggested exercise might hope to answer.

Under the Commissions of Enquiry Act 1950, an RCI is set up to enquire into matters of unarguable public importance, commonly involving or implicating public institutions having authority over some aspects of the life or welfare of citizens. Royal Commissions have been established in the past to investigate the conduct and functioning of public institutions such as the police and the Judiciary, for example the ones on reforming the Polis DiRaja Malaysia, on the “nude ear squats” incident, or that arising from the video clip featuring VK Lingam.

The Government has in the past been reluctant and slow to establish Royal Commissions, where far more pressing and undeniable public interest issues were at stake. Even when set up, often only after incessant public outcry, the Government has been disappointing in implementing their major recommendations, such as with some of the abovementioned RCIs.

Viewed against this backdrop, it is not surprising that the sudden enthusiasm displayed in the call for an RCI in the present instance raises a serious sense of scepticism and indignation in the minds of many enlightened Malaysians.

Countless Malaysians have made themselves hoarse through speaking out to urge the Government to display a genuine sense of purpose and political will in order to urgently deal with long-untreated problems of immense public impact, such as the eradication of endemic corruption and meaningful revamp of vital institutions. Many of these matters are truly deserving of investigation by RCIs, in priority to, and in contrast with, the episode under examination that has curiously but unwarrantedly received so much official zest.

Very often, an RCI has, among its tasks, the restoration of public confidence. This can hardly be achieved, if the people notice that the Government has lost its sense of priority and fair play. Instead of having to face criminal charges for the screening and publication of a sex video, and for what may amount to criminal intimidation, the trio’s members have been inappropriately described as whistleblowers, forgetting that a whistleblower is one who quietly furnishes relevant information to an enforcement agency vested with proper investigative powers, and not one who provides public viewing of a sex video and who desires and demands public attention.

The Malaysian Bar calls on the Government to restore its proper sense of priority, and to channel its energy, resources and political will in ways that will truly benefit the rakyat.

Lim Chee Wee
President
Malaysian Bar

9 Apr 2011

Bar : Government must end recurrent human rights violations

Press Release: Government must end recurrent human rights violations

Friday, 08 April 2011 04:54pm
The month of April is only eight days old, and yet in these past few days alone, we have witnessed several major human rights violations in Malaysia. On 1 April, Kadir bin Hashim, a disabled restaurant operator, was arrested under the draconian Internal Security Act 1960, which provides for detention without trial.  He is alleged to be involved in subversive activities, but no court of law is permitted to review this allegation. On 3 April, Teluk Intan Member of Parliament M Manoharan and activist M S Arjunan were arrested for leading a protest against the book “Interlok” at Batu Caves.  On the same day, in Pulau Ketam near Klang, a group of people who gathered to protest the possible construction of a nuclear power plant were dispersed by police.  That very day as well, native customary land rights activist Steven Ng, a Malaysian, was without notice denied entry into Sarawak upon instructions from the state security department.  No explanation was supplied. On 4 April, detainees at the Lenggeng Immigration Detention Centre rioted and burned down part of the detention centre, complaining of poor food and severe and intolerable overcrowding. On 7 April, the High Court at Shah Alam postponed to 11 April 2011 a decision on an ex parte interim injunction stopping human rights defender and migrant workers’ rights activist Charles Hector from blogging about the terms and conditions of employment of a group of migrant workers working at a factory run by a Malaysian subsidiary of a Japanese company, and about their fate.  He faces a defamation lawsuit. In any civilised nation, the right to dissent against government policy, the right to gather and express oneself peacefully, the right to defend human rights of indigenous peoples and migrant workers – these rights would be protected, even cherished.  Sadly, this is not so in Malaysia.  Ordinary Malaysians standing up for their rights, and that of their families, communities, fellow citizens and foreign workers, appear to constitute such a threat to the national security of this country that stringent, intolerant, and belligerent actions are taken to prevent the expression and ventilation of such rights. These actions are being undertaken purportedly in the name of safeguarding our interests.  Yet right now we are facing a crisis of confidence in our law enforcement agencies.  With Teoh Beng Hock’s death still fresh in our minds, the nation is once again plunged into agony over yet another tragedy, that of the sudden death of Ahmad Sarbani Mohamed.  The conduct of the institutions that are meant to protect us and to uphold the rule of law is being seriously called into question. We urge the Government to make absolutely clear that it will do its utmost to uphold, respect, protect and defend the human rights of Malaysians and the many foreign workers contributing to our economic development.  In an open democracy, the voice of the people can be a useful and effective check and balance against the excesses of Government, or even of businesses.  Instead of fearing Malaysians who wish to express themselves freely and peacefully, the Government should promote and celebrate a culture of human rights.  Rather, it is imperative that the Government appreciates that the real danger arises from those in power who believe that they can operate in an atmosphere of secrecy and environment of impunity, yet whose conduct directly undermines the very integrity of the Government that they have pledged to serve.  The threat to our safety and security is not coming from outside Government, but from within.  The Government must seriously and immediately end the multiple human rights violations that are being perpetrated against those living in Malaysia, both citizens and foreigners alike. Lim Chee Wee President Malaysian Bar 8 April 2011

CCM YOUTH:- NO TO 10-POINT PROPOSAL (8/4/2011)

STATEMENT OF THE CCM YOUTH

“UPHOLD DEMOCRATIC PRINCIPLES: FULL FREEDOM, FULL RIGHTS -

NO TO 10-POINT PROPOSAL”

**

8        April 2011

**

Kuala Lumpur – 8 April 2011. CCM Youth issued a press release today expressing their views in response to the various press statements issued by the Christian Federation of Malaysia (“CFM”), the National Evangelical Christian Fellowship (“NECF”), the 10-point solution as proposed by Senator Datuk Seri Idris Jala (“10-Point Proposal”) Minister in the Prime Minister’s Department, and comments made in the media by the Home Minister, Datuk Seri Hishammuddin Hussein and various parties.

1. 10-POINT PROPOSAL ONLY ADDRESSED THE ALKITAB ISSUE

The 10-Point Proposal presumed that Christians were only concerned with the Alkitab issue.  That premise is incorrect.  The 10-Point Proposal distracted both the public and the church leaders from getting to the heart of the matter, that is, the concern over the overt and covert manner which the government had discriminated against the Christian citizenry for close to forty (40) years that had resulted in the gradual deterioration of basic rights of Christians to freely exercise their faith. 

2. RESTORE FULL RIGHTS AND FULL FREEDOM ENSHRINED IN THE FEDERAL CONSTITUTION

CCM Youth denounced deplorable accusations that Christians were not being “fair” or “reasonable” in resolving the Alkitab matter.  CCM Youth disclosed that the Malaysian government had unreasonably and unjustly acted in bad faith since the early 1970s to-date against the Christian community.  Among some examples were:

·         Gradual erosion of the control of mission schools which included even the physical removal of words such as “Holy” and crosses from schools, even though the land, building and board of governors belonged to the church;

·         Removing or disallowing “Christian Fellowships” from being recognized as societies in schools and universities;

·         Harassing and transferring out Christian teachers found teaching Bible Knowledge, a legitimate examinable subject for the SPM;

·         Gazetting the AlKitab, the Bible in Bahasa Malaysia and Bahasa Indonesia,  as a threat to national security under the Internal Security Act;

·         Denying the use of the word “Allah” for the Christian God, even though it had been used by indigenous groups way before independence, and being the only Muslim country in the world to do so despite wide Arab usage;

·         Denying Christians land to operate churches or cemeteries.

And the list goes on. 

CCM Youth was saddened that Christians today were openly abused, harassed and provoked in the media and encouraged by the government, with all sorts of erroneous information being placed on official government websites put up as decrees; linking activities from Valentine’s Day to ‘poco-poco’ to crosses on football jerseys, to Christian beliefs without so much as a dialogue or a clarification with the Christian community.  So much so that even the Islamic government machinery, with nods from cabinet ministers, the Home Ministry and state governments, unashamedly encouraged over-zealous religious officers and Islamic-based NGOs, to propagate and sow seeds of hatred towards the Christian community.

CCM Youth was informed that recently a group of students went for an excursion to the Kuala Lumpur City Hall, and were denied entry just because their uniform had a cross.  After so many years of racial-religious polarisation under the hands of government machinery, religious and racial bigotry is now blatantly practised and widely nurtured in government departments against Christians. 

CCM Youth believed that the 10-Point Proposal was superfluous as Christian citizens were not asking for anything extra, but for their basic constitutional rights, enshrined in the Federal Constitution, to be respected and honoured. 

3. CHRISTIANS’ BIRTHRIGHT TO READ, SPEAK AND WRITE  IN THE NATIONAL LANGUAGE

CCM Youth opined that it was ludicrous to deny Malaysian Christian citizens the right to use the country’s national language for the purposes of exercising their faith.  On the one hand, non-Malay citizens are often criticized for their purported lack of loyalty when they did not speak Bahasa Malaysia, but when they did, like in this case in order to read the Bible, which they had been doing for generations, they were denied that right! CCM Youth reiterated that as citizens of this country, it was their God-given birthright, which “should not be given up, negotiated, traded away, nor ‘sold for a bowl of pottage’ ”, being simply rushed into just because Christian leaders were offered a “quick-fix” solution to the immediate problems that were originally created by unjust parties. 

4. THE 10-POINT PROPOSAL DOES NOT CARRY THE WEIGHT OF LAW

CCM Youth decried attempts to create a “Band-Aid” compromise solution that did not carry the weight of law. If the Malaysian government were truly sincere, there would not be a need for a 10-Point Proposal.  Insofar as this matter was concerned, all the government needed to do was to instruct the Home Ministry to drop its appeal on the “Allah” issue, which the Catholic Church won on 31 December 2009 when it took the case to the High Court. This action would immediately lead to the withdrawal of the Allah and the Alkitab from any further restrictions in the country.   CCM Youth urged the government to uphold democratic principles and not play games by taking a round-about route that did not reflect their sincerity. 

5.       10-POINT PROPOSAL SOWS DISUNITY AMONGST CHRISTIANS

The 10-Point Proposal served only to promote disunity amongst Christians, playing to the ruling government’s “divide-and-rule” tune. CCM Youth questioned how it could be plausible for a 1Malaysia, yet a 2-Bible and 3-Rule solution?  If at all, it only cemented CCM Youth’s opinion that 1Malaysia had been nothing but political rhetoric.  If Christian leaders had agreed to this proposal, the Orang Asal of Sabah and Sarawak would have one rule; while believers in the Peninsula, including the Orang Asli, would have another rule.  Should Christians subject themselves to such confusion and be manipulated to accept such terms?  Likewise, by agreeing to such terms now, would Christians then forfeit the right to resolve future outstanding matters beyond the Alkitab issue? 

6. NO GUARANTEE THAT PLEDGES OR ASSURANCES WILL BE HONOURED

Time and time again, the Christian community have been given assurances but only to be disappointed later on.  CCM Youth urged church leaders to be wise, for what had been dressed as compromise could turn out to be an entrapment – “Even the elect were deceived, if that were possible.”  CCM Youth pointed out that they were well aware that there were many obstacles ahead, and they understood the “card game was in the hands” of the government.  Even if the Federal government gave the impression of giving way, they could fall back on the state government machinery that would kick in and take that to another gear which involved harassing book stores, printers, forwarding agents, schools and so on, located in affected states. 

7. THE TIPPING POINT – TODAY’S DECISION WILL IMPACT FUTURE GENERATIONS

CCM Youth urged church leaders to take their time and not to be in a hurry.  It was imperative that they did not fail future generations, or act in a manner that could adversely undermine or enslave future generations from practising their faith freely. CCM Youth urged church leaders to remain faithful and to take as much time as they needed to ponder and to ask pertinent questions without compromising the faith.  Otherwise, future generations would return to remind past generations of leaders of "compromises" made today, or that the church leaders held silent when they could have spoken up, having restrained themselves from pursuing justice when they had the opportunity to do so.  CCM Youth urged church leaders not to worry about having to come to a decision by the CFM’s Biennial General Meeting on April 14, 2011, but to take ample time to pray and seek the Lord before coming to a decision.

CCM Youth reminded church leaders that even the youths today were still learning the full extent of the rights that had been eroded to-date as events unfolded, and CCM Youth would endeavour to support church leaders to their best of abilities to recover that which was lost, and hand over full freedom to future generations as their legacy.

8. ARE WE SPEAKING TO THE RIGHT PARTY WITH THE AUTHORITY?

With due respect to Senator Datuk Seri Idris Jala, CCM Youth raised concerns that there were no assurances that he had the full weight of the cabinet behind him in this regard, given the underlying tones and lack of media support from cabinet ministers.  Even the Prime Minister himself had been strangely silent.  From remarks given by the Home Minister and various “shadow gatekeepers”, there had been no assurance that the relevant ministries would honour any form of agreement.  What remained consistent so far had been the consistency of the government’s inconsistencies.  The danger of flip-flops was not a probability, but a given. CCM Youth believed that this rush to force a solution was inadvertently linked to the outcome of the Sarawak elections and the potential impact from its Christian majority population. CCM Youth observed that it was this careless ‘short-term opportunistic’ attitude of the government for political expediency that had made them wary of such overtures and advised church leaders to exercise greater caution under such circumstances.  If the government were sincere in addressing the grievances of the Christian community, CCM Youth believed that nothing less than the coming together of a task force from the Prime Minister’s Department, the Home Ministry, the Attorney General, the Education Ministry and all state governments and Islamic departments had to take place.

9. SORRY SEEMS TO BE THE HARDEST WORD

CCM Youth pointed out that it was Datuk Seri Idris Jala who apologized. So far, no official statement of apology had been offered by any ministry, especially none was forthcoming from the Home Minister, the main protagonist who directed the stamping of the Bibles.  The public ought to know that this entire episode of the desecration of the Christian’s Holy Scriptures happened during the holy month of LENT which precedes and commemorates the Lord Jesus Christ’s crucifixion and celebrates His resurrection.  If an opportunity presented itself for reconciliation and restoration to properly right the grave wrong committed, CCM Youth would certainly offer forgiveness.  Obviously, the situation had yet to present itself.

10. CHRISTIAN CABINET MINISTERS MUST TAKE LEADERSHIP

CCM Youth noted that except for Datuk Seri Idris Jala, many Christian cabinet ministers have kept silent.  One cabinet minister even called Christians foolish for holding prayer rallies.  CCM Youth challenged cabinet ministers to be faithful and to choose today whom they served – whether God or man. 

CCM Youth reiterated that they were not being unreasonable, audaciously demanding or stirring trouble.  CCM Youth regretted that for a long time, the Church had remained silent, having compromised when it should not have.  In good faith, church leaders had been drawn into endless unproductive closed-door meetings, given verbal promises and handshake agreements that never materialized.  Unfortunately for the Church, Christian goodwill had not been reciprocated, and closed door agreements never honoured. The recent desecration of the AlKitab was the last straw. 

CCM Youth called upon all Christians today to rally firmly behind their Christian leaders as they worked towards a resolution for the community.  CCM Youth urged the Christian community to uphold their leaders in prayer more fervently. 

CCM Youth reiterated that they remained committed to nation-building and bringing about justice, peace and reconciliation for all Malaysians and migrants, and would stop at nothing to bring about change for the betterment of all peoples regardless of creed, race or religion, through proclaiming truth and bringing about justice and transformation to the nation.

Thank you.

Yours sincerely,

(signed)

Daniel Chai

Secretary

CCM Youth

Email: ccmyouth@gmail.com

April 8, 2011

SOURCE: COUNCIL OF CHURCHES OF MALAYSIA YOUTH

Media Contact details:

Persons to contact – Daniel Chai 012 3986776 and Elaine Teh 016 221 7894

http://www.facebook.com/M68Youth

http://ccm-youth.blogspot.com/

SAWO :- Drop Sexist MP Bung Moktar Radin from next election!

1 April 2011

Drop Sexist MP Bung Moktar Radin from next election!

Kinabatangan MP Bung Mokhtar Radin has scandalized the people of Sabah once again. We expect our leaders to make us proud to be Sahabans. His repeated sexist and uncouth remarks on women has made Sabahans a laughing stock to the rest of the nation and the world.

We are ashamed and demoralized that he is representing us in the Dewan Rakyat. Because of him we are a target of ridicule amongst other Malaysians.

Bung Mokhtar’s antics in the Dewan Rakyat made a mockery of the government’s efforts to promote gender sensitivity and equality in our society.

The Dewan Rakyat is entrusted to pass laws to safeguard the interests and well-being of women in the country. It is appalling that Bung Mokhtar is allowed to repeatedly make derogatory remarks about women and not get censured or disciplined immediately. This is despite the demands by Datuk Sharihzat and other MPs for him to retract his statements.

Bung’s conduct has tainted the image of the Dewan Rakyat. How can we Malaysians in particular women be confident that the Dewan Rakyat would strive to enact laws for the benefit of women?. Women and other NGOS have been campaigning for enactment of a Sexual Harassment Act since the start of the VAW campaign in the 1980s.

Bung Mokhtar’s disrespectful remarks about women in the Dewan Rakyat is very demoralizing for all those in both government and NGO sectors who have been working to increase women’s participation in the work  force and  in the  development of our country. His remarks will further entrench negative stereotypes of women which is one of the major constraints working against the empowerment of women.

Perhaps Bung Mokhtar has forgotten that half of the communities that he represents are women. By being derogatory to women, he is showing that he does not appreciate their support nor their contribution. Further, he has also shown that he does not respect the women’s husbands, fathers, sons, and all their male relatives.

We call upon the Gender Caucus in the Dewan Rakyat to increase their efforts in gender sensitizing the MPs to ensure that the Dewan Rakyat is not gender bias and sexist.

In the int erest of good governance we call upon our Prime Minister as head of Barisan National and our Chief Minister as head of Sabah Barisan National not to select sexist leaders like Bung Moktar for the next general election. 

Winnie Yee

President

Sabah Women’s Action -Resource Group (SAWO)

Lot 23, 3^rd Floor, Block C,

Damai Point Commercial Centre.

Off Jln Damai, Luyang, 88300 Kota Kinabalu Sabah

Tel: 088-269291

E-mail: sawo2@streamyx.com

Website: www.sawo.org.my

SUARAM: SELANGOR FOI ENACTMENT: THE FEDERAL GOVERNMENT SHOULD FOLLOW THE DEMOCRATIC EXAMPLE

SUARA RAKYAT MALAYSIA
Address: 433A, Jalan 5/46, Gasing Indah, 46000 Petaling Jaya, Selangor, Malaysia.

Telephone: +6 03 7784 3525 Fax: +6 03 7784 3526

Email: suaram@suaram.net Web: www.suaram.net

PRESS STATEMENT: 1 APRIL 2011

SELANGOR FOI ENACTMENT: THE FEDERAL GOVERNMENT SHOULD FOLLOW THE DEMOCRATIC EXAMPLE

Suara Rakyat Malaysia (SUARAM) congratulates the Selangor State Government for passing the Freedom of Information (FOI) Enactment today. This first FOI legislation in Malaysia and the initiative was taken by the Selangor State Government together with NGOs and the people of Selangor.

SUARAM commends this commitment by the State Government towards providing legal and official channels for people to access official information. Such mechanisms play a crucial role in helping individuals and communities alike make informed decisions on matters that could affect their lives and livelihood. Further, FOI legislation is a very crucial step towards competency, accountability and transparency in governance.

Civil society organisations and opposition political parties in Malaysia have long called for the abolition of the Official Secrets Act (OSA 1972) in favour of FOI legislation which should clearly and narrowly define the boundaries of official secrecy. SUARAM too looks forward to the implementation of the regulation for the rakyat to benefit from the law.

The Selangor State Government now has made a genuine breakthroughs as far as the promoting a more democratic society and awaits its contemporaries in Penang to follow suit at the next State Assembly meeting end of this month.

Now the question really lies at the Federal Government on its abolition of the OSA. The Federal Government should follow the democratic example set by the Pakatan Rakyat government after being in power for 3 years compared with 54 years of Barisan Nasional rule.

Released by,

Sarah Devaraj

Local and Participatory Democracy

SUARAM Coordinator

013 3470860

PERMAS:- Written Promise by Selangor Government Does Not Help Urban Settlers in 2011

HAK TANAH UNTUK PENEROKA BANDAR KAMPUNG RAILWAY DI SG BULUH

kenyataan akhbar: 30 hb. Mac, 2011


Oleh: Mr. Tan Jo Hann, President Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS)
HP: 019-2145451,
Email: jotan@pc.jaring.my

Hari ini adalah satu hari yang amat sedih dan mengecewakan bagi 50 keluarga bekas masyarakat peneroka bandar kampung keretapi di Sg Buluh yang telah menunggu selama 20 tahun sejak 1992 untuk dapat tanah yang telah dijanjikan kepada mereka oleh pejabat tanah Gombak dan Kerajaan Negeri Selangor masa itu.

Setelah hampir 10 tahun kes ini dibicarakan dalam mahkamah tinggi, Pada 30hb Mac 2011 mahkamah telah membatalkan kes yang difail oleh penduduk terhadap pejabat tanah.

Menurut Hakim Hinshawati Shariff, keputusan ini berdasarkan kepada suatu aspek bahawa kes mereka “Tiada Balasan”. Ini bermaksud, untuk sebuah perjanjian menjadi sah, pemberian dan penerimaan harus berlaku, tetapi dalam kes ini, kerana mereka tidak memiliki tanah tersebut, mereka tidak berhak menerima tanah di lot lain sebagai pampasan walaupun mereka meninggalkan tempat itu secara rela untuk memberi laluan kepada landasan keretapi. Oleh itu, perjanjian yang dibuat oleh mereka dengan pejabat tanah masa itu tidak bernilai dan tidak perlu dipatuhi oleh Pejabat Tanah. Tetapi, penduduk di perkampungan itu meninggalkan tempat itu dengan rela sebab dijanjikan tanah dan sekarang mereka dibiarkan ditengah jalan selepas 20 tahun.

Keputusan penuh kes ini belum dikeluarkan lagi, tetapi pokoknya kes ini telah dibatalkan. Bagaimanapun, Peneroka bandar Kg Keretapi ini tidak akan berdiam diri dan menerima ketidakadilan ini.

Perjuangan ini sepatutnya boleh diselesaikan oleh kerajaan negeri Selangor di bawah pimpinan Pakatan Rakyat yang telah memerintah selama dua setengah tahun ini. Pada bulan April, 2008, penduduk kampung ini
telah mengirim memorandum kepada Menteri Besar Tan Sri Khalid Ibrahim yang telah berjanji untuk menyelesaikan masalah mereka. Tetapi sampai sekarang, tiada apa-apa tindakan dari pihak mereka.

Walaupun hak tanah penduduk in telah dirampas oleh bekas Kerajaan Negeri selangor dibawah pimpinan Mohd Khir Toyo, Menteri Besar pada masa itu.Yang amat mengecewakan adalah kerajaan Selangor semasa ini pun tidak mengambil langkah yang efektif untuk memulangkan hak tanah kepada 50 keluarga peneroka ini.

PERMAS bersama penduduk kampung ini akan membuat rayuan mahkamah. Selain daripada itu, kami juga bercadang untuk membuat suatu rayuan yang terakhir kepada Mentri Besar Tan Sri Khalid Ibrahim untuk
mempertahankan hak tanah peneroka tersebut dan juga menunaikan janji Pakatan Rakyat yang telah di buat hampir 3 tahun lalu !

Latarbelakang permasalahan peneroka bandar Kg Railway di Sg. Buluh

 Pada 7hb. Januari 1992, bekas penghuni “Railway Lines” Sungai Buloh telah  menerima notis pengusiran daripada KTM supaya berpindah dari kawasan  “Railways Lines” dengan tujuan pembinaan projek landasan berkembar KTM.

Seramai 229 buah keluarga ditawarkan lot tanah yang bernombor 1 hingga 229 oleh Pentadbir Tanah Daerah Gombak (Encik Hj. Bahari B. Mohamed Jabar) secara bertulis melalui surat bertarikh 7hb. Januari 1992. Lokasi lot-lot tanah yang ditawarkan terletak di Matang Pagar sebagai gantian bagi tapak rumah

Kami diberitahu bahawa lot-lot tanah tersebut akan dibersihkan serta  diratakan dalam masa enam bulan. Sementara itu, 100 daripada kami  dipindahkan ke rumah panjang Rawang dan yang lain terpaksa mencari tempat perlindungan sendiri. Selepas dua tahun menunggu, kami mendapati tanah tersebut masih tidak dibersihkan seperti yang dimaklumkan oleh Pejabat Daerah dan Tanah Gombak.

Pada bulan Jun 1996, papan tanda dinaikkan (dengan kebenaran Pejabat Daerah dan Tanah Gombak) di tanah kami mengumumkan bahawa “rumah kos rendah akan didirikan oleh Syarikat Ikatan Rapi Sdn. Bhd” di atas tanah kami. Malangnya, kerja-kerja pembinaan telah dijalankan tanpa sebarang persetujuan
atau perbincangan dengan penduduk.

Sejak itu, beberapa langkah telah diambil untuk mempertahankan hak tanah kami seperti penyerahan memorandum kepada YAB Menteri Besar Selangor, menghantar surat-surat bantahan kepada Pejabat Daerah dan Tanah Gombak, mengadakan perjumpaan dengan Dato’ Seri Samy Velu dan sebagainya.

Perbicaraan kes menuntut hak tanah milik kami telah di tunda beberapa kali dalam tempoh 9 tahun ini, dengan berbagai jenis alasan seperti fail kes telah hilang (berlaku sebanyak 3 kali), tuan hakim bercuti/sakit dan
lain lain alasan.

Mengikut undang-undang, kerja-kerja pembinaan mesti dihentikan selagi kes perbicaraan masih belum selesai. Akan tetapi, Pentadbir Tanah Daerah Gombak telah mengetepikan arahan tersebut dan sekarang rumah rumah PKNS telah siap di Matang Pagar dan telah diduduki oleh pembeli-pembeli dari tempat lain.

Tuntutan ini merupakan tuntutan yang telah kami laungkan selama 19 tahun ini iaitu:
 •    Kami mahukan lot tanah berukuran 40 kaki x 60 kaki persegi di Matang Pagar yang telah dijanjikan oleh Pentadbir Tanah Daerah Gombak.
 •    Kami juga mahu tanah tersebut dibersihkan, diratakan dan dilengkapi dengan infrastruktur asas iaitu air, elektrik, jalan, sistem perparitan seperti yang dijanjikan.

 Kini sudah 19 tahun berlalu, masalah kami masih tidak diselesaikan dan kami masih menanti-nanti untuk mendapat tanah lot yang dijanjikan dengan penuh harapan. Kami berharap keputusan mahkamah akhirnya akan memberi keadilan kepada keluarga-keluarga yang sudah dinafikan hak milik tanah yang telah dijanjikan hampir 20 tahun lalu tetapi telah dikecewakan. Walau bagaimanapun, kita tetap akan berjuang untuk mendapat hak kami.

CIJ: Selangor FOI Enactment a breakthrough amid culture of secrecy

Centre for Independent Journalism (CIJ) Malaysia

27C Jalan Sarikei, off Jalan Pahang
53000 Kuala Lumpur
Website: cijmalaysia.org
Email: cijmalaysia@gmail.com
Tel: 03 4023 0772
Fax: 03 4023 0769

1 April 2011

Media statement: Selangor FOI Enactment a breakthrough amid culture of secrecy

The Centre for Independent Journalism (CIJ) Malaysia welcomes the Freedom of Information (FOI) Enactment (Selangor) 2010 that was passed by the State Legislative Assembly in Shah Alam today.

This Enactment is a historic step toward transparency in governance and government accountability, even though it only encompasses information held by departments, local councils and entities fully owned and under full control of the Selangor state government.

We would like to congratulate the proponents of this law – from the state government to civil society – for this breakthrough. The passing of the FOI Enactment (Selangor) is all the more remarkable given that it exists within an ingrained culture of secrecy strongly backed by the Official Secrets Act (1972) at the Federal level.

We note that the Enactment that was passed today is an improvement from the watered-down version tabled for first hearing in July 2010. The improvements include, but are not limited to:

1. Acknowledgment of the right to information, rather than an opportunity given by the state

2. An obligation to reveal information

3. Possibility of review by the courts

4. A more independent State Information Board (to replace the Appeals Board)

5. A narrower list of exemptions, with a public interest override

6. Protection from prosecution, sanctions, suit etc for Information Officers or government officers who disclose information in good faith

7. 20-year time limit for keeping information confidential.

However, a quick look at the Enactment reveals some glaring problems which will prevent the rakyat from enjoying the full benefits of a FOI law:

1. A FOI law should entrench the right to information, whereas the preamble to this Enactment qualifies it as reasonable access to information – unneccessarily so, since there are exemptions provided by the law.

2. The law does not mandate the periodic publication of information. Known as the principle of proactive disclosure, this provision would help to reduce the administrative burden on the Information Officers, and increase transparency across all public bodies.

3. Lack of details re the appointment to the State Information Board (Section 17(2)). This must be an open and transparent process where the public can nominate candidates and the shortlist is published. This will strengthen the independence of the Board, which is an important feature for its success as adjudicator and monitor for the application of this law.

4. Section 18(1) which is about protecting the sanctity of information should not penalise the applicants for using the information in a different way from the reasons stated in the application.

5. While it is reasonable to charge for application fees, Section 6(3) merely states that the fee will be decided upon by the state authorities. A good FOI law must stipulate that the fees be kept low. Otherwise, it can be an administrative obstacle which denies the public affordable access to their right to information.

CIJ, which leads the FOI Task Force of the Coalition for Good Governance, will be scrutinising the Enactment to identify other gaps and convey them to the Selangor Legislative Assembly soon. We look forward to the royal assent of the Enactment, which will put Malaysia on the roadmap to a freedom of information regime and break away from the culture of secrecy. It is high time the Federal Government follow suit to show its commitment to combat corruption and promote good governance.

For further information please contact CIJ Executive Officer Masjaliza Hamzah, Tel: 016-379 5901 03-4023 0772.

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The Centre for Independent Journalism, Malaysia (CIJ) is a non-profit organisation that aspires for a society that is democratic, just and free, where all peoples will enjoy free media and the freedom to express, seek and impart information.