Foreign sell-off, economy top concerns despite reforms push

by
Lee Wei Lian

The Malaysian Insider

Sep 19, 2011

KUALA LUMPUR, Sept 19 — Despite the Najib administration’s political reforms, a Bloomberg report today said foreign funds may continue paring down local share stakes in an indication that the world economy will remain the government’s biggest headache ahead of an expected general election.

Terence Wong, head of research at Kuala Lumpur-based CIMB, was reported as saying that worsening global economic turmoil may cause investors to keep unloading the nation’s equities.

Wong also said that promises made last week by Prime Minister Datuk Seri Najib Razak to burnish Malaysia’s democratic credentials and abolish the controversial security and media laws will not be enough to boost confidence.

The Bloomberg report said that KLSE data showed that foreign funds sold RM3.8 billion worth of Malaysian shares last month, the most since at least October 2009 after four consecutive months of inflows.

A continued outflow of funds could damage economic confidence during the crucial months ahead, as the prime minister is expected to call for a general election by the first half of next year.

The latest survey from local pollster Merdeka Center, which was done before the recent reform announcements, showed that Najib’s popularity slid to 59 per cent this August from the highest of 72 per cent in May 2010, fuelled by rising concerns over the surge in living costs and his government’s handling of the July 9 Bersih 2.0 rally.

Mark Matthews, head of research for Asia at Bank Julius Baer & Co in Singapore said that the repeal of repressive laws such as the ISA will unlikely boost share investor sentiment in Malaysia.

“It doesn’t have anything to do with the stock market; it’s already a fairly advanced economy and I’m not sure if anything political would be a huge catalyst,” said Matthews.

“It certainly won’t change perceptions of Malaysia in and of itself, but if it is part of an overall trend of a more open-minded stance in politics, maybe it is meaningful in some way.”

A report by HwangDBS Vickers Research, meanwhile, said today that Malaysian equities would continue to slump unless action is taken to raise investors’ confidence.

The research house said the benchmark FBMKLCI index is still on a declining course, and beyond any short-term relief rebound, the index would probably dip below the psychological 1,400 level soon.

It added that foreign funds would continue to withdraw from emerging markets across the region if risk-averse investors believe the unstable economic and monetary conditions in the United States and Europe was poised to deteriorate further.

                This entry was posted on Monday, 19 September 2011, 6:43 pm and is filed under
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From the people behind Tony Blair, a ‘cool’ Najib

By Leslie Lau

Executive Editor

The Malaysian Insider

Sep 19, 2011

KUALA LUMPUR, Sept 19 — In the last few weeks, a group of political strategists that includes members of the team behind Tony Blair’s “New Labour” have started work to reinvent Datuk Seri Najib Razak as a moderate reformist to appeal to voters as he prepares to lead his Barisan Nasional (BN) for the first time into elections.

The Malaysian Insider understands that besides the former Blair operatives, the Najib team is also seeking the counsel of a familiar face — Paul Stadlen, the former boss of APCO Malaysia, the team that met an ignominious end a few months ago for alleged links to Israel.

As part of the Najib team’s big push, it is also understood that multi-million ringgit funding has also been worked out for a new website and to hire hundreds of people to promote “Brand Najib” and “Brand BN” on social media and other websites.

A new Najib — one who attends concerts and speaks of being “cool” — has already emerged despite the short time the “Blair team” has been working here.

Last week, the prime minister pushed aside the hawks that had been dominating space in his administration by announcing plans for a raft of reforms including the repeal of the Internal Security Act (ISA).

This was seen by political observers as a bid to reclaim middle Malaysia after the disastrous handling of the July 9 Bersih rally that gained the PM and BN unwanted negative publicity in the international media just as he was pitching the country to foreign investors.

Fresh from announcing his reforms, the PM told a gathering of BN parties in Selangor on Saturday that they needed to be “progressive, dynamic, cool and the party of the future.”

To buff up the new cool factor he hopes to inject into his ruling coalition that is currently dominated by fusty conservatives, Najib also attended Astro’s Suarakami concert on Saturday night.

The grey-haired PM took the stage to greet and charm the young concert-goers and later spent time taking and sharing photographs to his more than 200,000 followers on Twitter.

After the concert, the PM sent out this message on Twitter: “Thank u guys for all your tweets. Nice to know some of u think I am cool! Glad to know it was a great concert.”

By attempting to turn Najib into a “cool” leader who is also committed to reforms, the PM’s new advisers appear to be taking a leaf out of their tried and tested campaigns for the former British PM.

The election as Britain’s PM of a relatively young Blair in 1997 was seen as a successful bid by his campaign to capitalise on the “Cool Britannia” era marked by a resurgence in British pop music acts, artists and fashion.

Blair’s New Labour movement that moved his party to the centre was closely associated with the “Cool Britannia” idea.

In the next few weeks, Najib’s team is expected to have the PM attend symbolic events to sell the idea that he is a moderate leader for the future.

But while Najib takes the stage as a centrist, the more negative aspects of his campaign ahead of polls expected soon will be taken up by a new website and the social media team.

It is understood that the new website, which started operating recently, has secured initial funding from supporters of the PM of between RM5 million and RM10 million.

But it is unclear how much money is being spent to hire the hundreds of people whose task is to promote Najib and BN while attacking the opposition Pakatan Rakyat on Twitter, Facebook and through comments on various websites.

Najib’s new team of advisers is just the latest in his administration’s penchant for foreign public relations firms.

APCO’s time in Malaysia was marked by controversy after the opposition alleged the public relations firm was linked to Israel.

Last month, Putrajaya was forced to end its contract with British publicity firm FBC Media after an embarrassing exposé revealed Malaysian leaders routinely appeared in paid-for interviews on global television programmes.

                This entry was posted on Monday, 19 September 2011, 9:25 am and is filed under
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Human Rights and Transparency in Malaysia

by
Lim Guan Eng

Speech at Monash Asia Institute in Melbourne

19th September 2011

Ladies and gentlemen, thank you very much for inviting me to speak at the Monash Asia Institute, an important research center at my alma mater. I would like to especially thank Professor Greg Barton and my dear friend Dr Wendy Smith as well as send my thanks to the Monash University’s leadership. As you know, Monash University has a sister campus in Kuala Lumpur and although it is sadly not in my state, the university plays an important role in educating future leaders of our country.

As a Malaysian, I am very grateful for this collaboration and hope we can strengthen ties between Monash and Malaysia further. On a personal level, as many of your know I received my economics  and accounting degree here and was quite active in student politics. I was never an outstanding student but what little I gleaned has helped me to formulate new economic and industrial policies in Penang that is now acknowledged as the best run state in Malaysia with strong growth, record budget surpluses and record FDIs coupled with a labour shortage.

In short, Monash helped me to evolve as a leader and politician and this university will always have a special place in my heart for which I am eternally grateful. Not only did I learn the importance of studying and working hard, but the need to forge relationships and centrality of principles.  I am sure Monash will train future Malaysian leaders and I look forward to many of you helping to chart our future and being the change you want to see.

It is these principles that I would like to speak of today in my speech entitled Human Rights and Transparency in Malaysia. The timing and location of this topic is quite fortuitous, given Prime Minister’s announcement late last week to review the Internal Security Act (known as the ISA) and Emergency Ordinance (EO), as well as other laws that violated the principle of due process. These draconian measures have long been issues we in the opposition have raised and are only a handful of many laws that violate basic human rights standards. The discussion of human rights also comes at a time where Malaysia’s human rights record has been considered by no less than Australia’s High Court with regard to the issue of asylum, as legitimate concerns have been raised about the condition of facilities and treatment of individuals in line with international standards for the treatment of refugees. In my view the Court made the right decision, and hope that careful thought will be given to reevaluate this initiative and further steps will be taken in Malaysia to improve the conditions in detention facilities.

I would like to draw attention, however, to specific challenges facing Malaysian citizens in the area of human rights and transparency. These issues have been at the core of my political party, the Democratic Action Party (DAP), and central to the multi-ethnic opposition coalition Pakatan Rakyat. I will describe the four arenas where problems have persisted, and lay out the steps that I as Chief Minister of the state government of Penang and a leader in Pakatan Rakyat have taken to address them. As Chief Minister there have been limits to what can be accomplished at the state level and the role we can play as the opposition at the national level. What is important to appreciate, however, is the fact that in winning over one-third in parliament, breaking the dominant party United Malays National Organization (UMNO) and its partners in the National Front’s hold of two-thirds of the seats, we are serving as a major check on abuses in the system. They no longer have a walkover on legislation and as a result the debate on issues and public accountability has improved. We hope to build on our record of strengthening representation and good governance in the next general elections, and deepening democracy in Malaysia.

Activist Malaysia

Ladies and gentlemen, let me begin by highlighting the major problems we face in human rights and over transparency in Malaysia. Before I do so, however, I would like to stress that the direction on human rights in Malaysia has been a positive one, especially since March 2008. While we in Pakatan Rakyat and in the DAP would like to take some credit for this, and we collectively should be acknowledged for placing these issues on the agenda, raising these issues in parliament, and been willing to stand for our principles despite personal costs, most of the credit of the new climate on human rights rests with ordinary Malaysians. I cannot emphasize enough the profound transformation that has taken root in Malaysia. The brave determination of ordinary citizens in the July Bersih 2.0 rally is the most obvious example. The anti-ISA measure is another. This activism and principled political engagement that represents the true spirit of Malaysia, often obscured by the reports of simplistic and hurtful racial diatribes and character assassinations, has become the core of a drive for change, a drive for a better Malaysia where every Malaysia – no matter where they were born or their heritage – can play their part. As we evolve in our political transformation, in our fight for a better Malaysia, we as leaders and Malaysian citizens are anchored in our faith and respect for our fellow countrymen and the spirit of activism that is rooted in principles and our common future. I continue to be humbled by this true Malaysian spirit of hope and stand tall knowing that what we do in Pakatan Rakyat and in government in Penang is for all of the Malaysian people.

However a note of caution, whether the Malaysian BN government is undertaking a cosmetic  electoral exercise  to rebrand the ISA in another form, especially when the ISA will not be repealed in the coming parliamentary sitting this year, but the next. Is the Malaysian government merely pouring old wine in new bottles? There is public concern at the announcement that the ISA will be replaced not by one but two preventive security laws.  Will  there now be two ISAs instead of one?

First Generation Rights

Ladies and gentlemen, let me move to the first arena of concern for human rights in Malaysia, namely civil liberties. Touted as the first generation of rights associated with the 1948 Universal Declaration of Human Rights, concerns from due process and free speech extend to religious freedom and the right of assembly. Najib Tun Razak’s speech last week on the ISA and EO dealt with some of the long-standing concerns about the use of arrest for political purposes and unfair implementation of the rule of law. I would like to draw attention to four other rights that continue to need protection. Foremost has been the right of free speech. More often than not, comments that are critical are deemed “seditious”. We have yet to have a political climate that allows criticism, with many an issue including most recently the discussion of history, deemed as “sensitive”.

The question of the application of the laws for political purposes has long haunted Malaysia. This was showcased internationally in the first political trial against Anwar Ibrahim in 1999 and continues today in the 2011 proceedings that have failed to follow basic legal standards in the handling of evidence, recusal of judges and more. I would like to thank the Australian parliamentarians who have stood on principles on this issue, calling a spade a spade, recognizing a political trial for what it is.

In the past few months attention has centered on freedom of assembly in Malaysia, in a record level of over 2000 arrests before and during the July 2.0 rally that featured tear gas and water cannons. People were arrested for wearing the color yellow in what was clearly an over the top reaction. The calls at the rally were simple. Allow me to share:

“As the coals that molest us rage higher

we shout still the message of Merdeka (independence)

for democracy as bright as the sun

as pure as dignity our purpose is one.

Deep is our worry – as democracy’s wounds

long is our sadness – as democracy’s woes

at arrogant democracy we scorn

for a strong free voice we dream”

Unggun Bersih

A Samad Said

Semakin lara kita didera bara –

kita laungkan juga pesan merdeka:

Demokrasi sebenderang mentari

sehasrat hajat semurni harga diri.

Lama resah kita – demokrasi luka;

lama duka kita – demokrasi lara.

Demokrasi yang angkuh, kita cemuhi;

suara bebas yang utuh, kita idami!

Dua abad lalu Sam Adams berseru:

(di Boston dijirus teh ke laut biru):

Tak diperlu gempita sorak yang gebu,

diperlu hanya unggun api yang syahdu.

Kini menyalalah unggun sakti itu;

kini merebaklah nyala unggun itu.

June 2011

These are the first two stanza of Malaysia’s poet Laureate Samad Said’s “Bersih Fire” who was arrested for this “seditious poem” in his call to come out and rally for electoral reform and clean government .

The rally highlighted yet another human rights problem in Malaysia, free and fair elections. While elections in Malaysia are largely fair, they are not free. Bersih 2.0’s demands in areas such as indelible ink and clean politics bring attention to the need for greater accountability in elections and checks on abuses of the system. In Penang in the past few months we are worried about the new voters that have mysteriously been added to the electoral roll. The issue of electoral reform is crucial in that it is about the right of people to control their own destiny, the right of Malaysians to make their own political choices and the system to respect those choices. Integrity in the electoral process is essential. We are engaging the parliamentary select committee on electoral reform, but worry deeply about the implementation of reforms, namely the independence of the electoral commission and checks on the system. The reforms cannot tinker with the system, they must address the heart of the problems by building in professionalism and autonomy in the administration of elections, while simultaneously allowing observers of polls and proper avenues for disputes. Malaysians deserve a fair system, in which every vote is respected and counted.

Ladies and gentlemen, the most difficult issue that has opened wounds in Malaysia in the last few years has been religious freedom. This issue has opened wounds and touched the hearts of communities. We have seen churches bombed, protestors feel the need to defend their religion, and intractable cases reach our highest courts as part of an intense constitutional debate on the role of religion. Time does not allow me to delve fully into the complexities of this emotive issue, but at the core are real differences on the role of religion in political life, different perceptions of the ability to practice religion and often sadly mischaracterizations of different religions and communities. We in Malaysia are all Malaysians no matter what faith we practice. We are brothers and sisters in our national community. We in Pakatan Rakyat remain committed to accepting difference and importantly instilling the values in governance that are central to all religions – tolerance, decency and humanity. Many have asked us in the Democratic Action Party – often mistakenly labeled as a Chinese majority party – how we can work with the country’s Islamic party, Parti Islam Se-Malaysia or PAS. What few really appreciate is that the values and principles of good governance cut across religions. We have shared goals – clean government and justice – and share a similar deep-seated commitment to a better fairer Malaysia for all. While we do acknowledge some differences, it is important to embrace difference and engage in respectful dialogue. Through the recognition of difference we appreciate the strength of Malaysia, its rich diversity.

Second Generation Rights

While most of the press on human rights focuses on these hot button issues, there is another important arena for contemporary human rights; that is the second generation of human rights, economic, social and cultural rights. These were laid out in the 1968 UN Covenant.  Historically, Malaysia has had a good record on reducing poverty. From 1970 to 2010, according to the World Bank Monitor report on Inclusive Growth released last year and based on government data, poverty levels have dropped to 4% from an estimated 50 in 1970. Yet, what is worrying is that this poverty in concentrated in East Malaysia, with 42% of it in Sabah alone. Fortunately, Penang has relatively low levels of poverty. We are working to address even these pockets, however.

The most worrying trend that stands out is economic  inequality. After the 1997 financial crisis the gap between the rich and poor has widened, with the trend widening further. The World Bank 2010 report pointed out that “40 percent of households only make 14.3% of total income, and the top 20 percent of households control 50% of total income.” This gap is a real challenge, as economic growth is lacking the same distributive quality that Malaysia had in the past. What is important to realize that unlike the past where wealth and poverty was tied to specific ethnic communities, the divides within ethnic communities, within Malays, Chinese, Indians, Iban, Kadazans and more, are sharp and wider than between the different communities. Regional disparities in wealth, with some parts of the country facing more inequality, especially East Malaysia, are now even more pronounced. In the past there was

a sharp rural urban divide. Now we find people relatively poorer in the urban cities, and in the more remote long houses. Certain groups face steeper challenges, be it the elderly or single-headed households, usually headed by single mothers.

I often ask when will we reach a stage when we will understand that as a nation we need to work together, that we are a family, a family of all Malaysians. When will we understand that in order to move forward we need to embrace the future rather than be tied down to a forty year old policy that is holding us back? Moving forward requires bold leadership and principled leadership. As Chief Minister in Penang, I struggle with assuring all communities that the important principles of the past – inclusion and the need to address inequality – will continue to resonate and need a new approach to be effective. When we think of human rights in Malaysia we need to be cognizant of discrimination and simultaneously appreciate the need for new initiatives to bring about more equality and opportunity.

This issue of opportunity has been the cornerstone of my approach to govern Penang. Opportunity is also connected to the problem of inequality. One has to ask what are the reasons that the system of governance in Malaysia is not equal? The answer is starkly there – corruption. Malaysia continues to be ranked poorly by markers of corruption. Transparency International’s Corruption Perception Index or CPI has shown a decline in Malaysia’s standing since 2007, as it has fallen from 43rd in the world to 56th, from 5.1 to 4.4, where lower scores showcase worse performance. Penang has bucked this trend, with our absolute no tolerance of any practices of corruption. This has shown in our steady investment levels that have topped investment in the country for multiple years. The sad fact is that there is too much leakage in the system, and the cronies that are feeding off the contract coffers are sucking Malaysia dry; they are stealing the opportunities for others who in a more competitive and transparent system would create a more advantageous environment for growth and genuine social equality.

Third Generation Rights

Ladies and gentlemen, concerns with inequality and opportunity will continue to define the Malaysian political landscape. This is one of the greatest challenges leaders in the country face in a highly divisive polity. As leaders in Malaysia we grapple with how to bring about a fairer system that will both address the problems and move us toward a better future.

I would be remiss however if I did not highlight the third generation of human rights, namely the concerns with specific communities. The different agreements from the 1970s onwards have highlighted the conditions for children, women and most recently migrant labor. Malaysia has been especially been criticized for our treatment of domestic workers, some of which has spilled over to concerns about detention centers and refugee policy which Australians have learned about in recent debates over asylum. Human trafficking is a problem in Malaysia as we are a transshipment point. I would, however, like to give Najib Tun Razak’s government some credit here in working to tighten legislation and offer more protection of victims, although much more needs to be done.

It is in this spirit of positive successes that I would like to highlight the story of Malaysian women. The adage runs, behind every man there is a great women. It is true. I would like to recognize my dear wife Betty, whose support has been instrumental in my efforts to bring about a better Malaysia. Malaysia’s success as a country has very much been the product of its women.  Over the last few years, nearly half of Malaysian women, 46 percent, participate in the formal work force. They make up the majority of university graduates. They also serve as the main caregivers and take care of our children. Their contributions have been invaluable to Malaysia. Despite these contributions, across the board, women make lower wages, from clerical workers to senior managers. A new report by Penangite scholar Cecelia Ng shows that the wage differentials are higher at higher levels, with men making approximately a third more than women at higher levels.

The political gains for Malaysian women are more promising, with Malaysian women comprising 28.8 percent if Senate, Parliament and State assemblies. The majority of these women are in Pakatan Rakyat and the DAP has benefitted tremendously by fielding women candidates. The greater participation of women has enhanced our political representation and deepened our engagement, making this success a win not only for our legislative bodies, but also policy and governance. We believe that the steps forward are making progress in other areas such as domestic violence and health. Malaysia has become one of the leading countries in Asia for political representation, tied closely to the expanding role of Pakatan Rakyat.

The fourth arena where critical changes have to be made is transparency. This practice in international circles has been tied to basic elements of good governance. The link between transparency and corruption is serious, as the failure to allow for open information and access to government undercuts the economy and basic right of the public who pay taxes and make national sacrifices. Malaysians deserve the right to review how their money is being spent. They also should have the opportunity to bid in an open tender system. Too much continues to happen behind closed doors, without proper checks on abuse and accountability.

Penang’s Record

With the March 2008 election, we have moved from the opposition into government. We are now in control of four state governments, two of which Selangor and my state Penang comprise 50 percent of the economy in Malaysia. From the onset in Penang, I have remained committed to improving human rights across the board. Allow me to highlight some of the modest successes we have had at the state level, as we have served as a role model within Malaysia.

We began our government with the core principles “Competency, Accountability and Transparency” or CAT. The main area where we have been able to bring about changes involves the allocation of state funding. Our open bidding process has saved millions and attracted record levels of investment. This core has served to rebuild Penang’s reputation in the international community. By standing firm on no corruption we have made a difference for all Penangites.

In the arena of civil liberties, we opened a speaker’s corner and have been extremely tolerant of protests, who often come directly outside of our offices. With the only Speaker’s Corner in Malaysia we have proven that Penang enjoys not just freedom of speech but also freedom after speech, ensuring no one will be penalized for their criticisms of either PR or BN. No other state government has had to face the same level of open protest. While in some cases many of these protests are politically motivated and provoked, we do listen to concerns and importantly allow the grievances to be raised.

Along with our Pakatan Rakyat partners we have called for local elections, and stated that we believe in the need for more accountability in local government. We are working to make sure that the electoral process in Penang is fair and the votes of Penangites are properly accounted for.

We have introduced a freedom of Information bill into the state assembly and hope that we can overstep the legal obstacles for its passage and implementation.

With regard to religious rights we have distributed record amounts of funding to religious schools, especially Muslim schools, as a recognition of the important role that these schools play in Malaysia. We work to protect religious institutions. Penang features one of the most diverse and richest range of religious institutions, where people of different faiths practice alongside of each other in harmony.

On poverty we are engaging in a series of studies to assess poverty and inequality in Penang to enhance the targeting of assistance and opportunity creation. We are widening our microfinance schemes, especially for single headed households. Our social safety net programs at the state level have increased assistance to the elderly in the Warga Emas or Senior Citizens  Appreciation program. We have increased funding to support students who enter public university and recently introduced a baby bonus scheme to help new parents. Our social safety net policies are modest, but targeted toward individuals in need and at critical points when families face increased costs. Targeted policies in the areas of the birth rate and education are steps at the state level that provide short term support but simultaneously have long term goals for the overall prosperity of Penang. After all, education and wellbeing underscore Malaysia’s future.

In building opportunity we have centered in on small and medium enterprises or SMEs as the backbone of our economy. We have adopted a three prong approach of an free advisory service that provides guidance and expertise,  SME Smart Center that provides lots at low-rental rates for 2 years to technological start-ups who can then graduate to a  SME Park to build their own factories . We have identified niche areas such as halal foods.

This public private partnership aims to build synergy to create jobs and ultimately address the economic inequalities. I remain confident in the ability of Malaysian entrepreneurs and know they are competitive. I urge you to come to Penang to forge partnerships. Our SMEs are selling durian to China, and halal foods to Turkey, among many of the new successes.

This focus on building the value chain in the economy has been reinforced by state-led programs on job creation and talent hunt in our newly formed  CAT Centre. Penang has a labor shortage, especially among skilled workers and professionals, and we welcome  human talent wherever they may be whoever they are in our aspiration to be an international and intelligent city.

A  last, but not final success, I would like to showcase involves women. I have appointed a record number of women to office in local government, making Penang the leader in promoting greater equality in gender representation. .  For the first time in history, both local governments are headed by women.  We have also created a Women’s Council at the state level to highlight issues and engage the state government over policy.

Our Common Future

In Penang as the government we understand that it is not enough to make promises on human rights or to raise the problems. It is necessary to actually implement changes, to translate the problems into solutions and real change. Real changes are being made. Our approach has been one of implementation and initiative tied to a fundamental appreciation that what we do is for our people. Respecting human rights and safeguarding transparency are critical steps not just for Malaysia, but for assuring that the fight for human rights expands globally.

One of the most difficult struggles we now face is working with the institutions that are to protect the rule of law, the police and judiciary, and assure accountability, the Malaysian Anti-Corruption Commission or the Election Commission. We want our legacy to be building institutions and making Penang a green state with more green spaces. We want Penang to be known as a location of choice where one does not need to go through a middle men or third party to get things done, you  need not know anyone, just know the law. There are real concerns about the political independence and professionalism of these bodies. We need the international community to join us in our efforts to protect rights and transparency. Australia has always stood for these principles and we thank you.

Ladies and gentlemen, Malaysia is moving forward. It has not been an easy path and I expect there will be obstacles ahead. Now is the time to translate the agenda and promises of political reform into real changes. Pakatan Rakyat has long upheld the reform agenda that has been embraced by our premier and we will continue to press on for substantive changes no matter what the cost. We believe that in fighting for human rights and calling for greater transparency we are protecting our country from abuses of power and securing a more prosperous, harmonious and safe environment for our children. Penangites, Malaysians and Australians deserve no less.

Penang is the only state in Malaysian history to be praised by Transparency International for implementing open tenders and fighting corruption.  American investor Warren Buffet’s once said, “ In looking for people to hire, you look for three qualities: integrity, intelligence, and energy. And if they don’t have the first, the other two will kill you.”  Rest assured that you will not be killed by a  lack of integrity in Penang.

Thank you very much for your time and please come to Penang. You are most welcome.

                This entry was posted on Monday, 19 September 2011, 5:07 pm and is filed under
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Najib should present a full blueprint of how he proposes to make Malaysia the “best democracy in the world” when Parliament reconvenes on October 3

Malaysians should take seriously what the Prime Minister, Datuk Seri Najib Razak said in Pekan yesterday about making Malaysia the “best democracy in the world” and put him to the test.

At present, Malaysia is among the “worst democracy in the world” where citizens could be arrested for wearing yellow T-shirts and attract the full might of the law for supporting a peaceful rally in pursuit of a perfectly legitimate and democratic  campaign for free and fair elections, including mass arrests and the  firing of teargas and chemically-laced water cannons at unarmed and defenceless Malaysians.

A government seriously committed to the goal of becoming the “best democracy in the world” would not have arbitrarily and undemocratically banned Bersih 2.0 as an illegal organisation but would have engaged with all political parties and the civil society as to how Malaysia can transform itself from a “flawed democracy” into a “full-fledged democracy”.

This is why I said yesterday that the Barisan Nasional Government is not qualified to talk about wanting to be the “best democracy in the world” when it has not revoked its unjustified ban on Bersih 2.0 declaring it as an illegal organisation and dropped all charges against those arrested in connection with the Bersih 2.0 campaign.

For this reason, I welcome the dropping of the charges against the 30 activists of Parti Sosialis Malaysia (PSM), including the six who were detained earlier under the Emergency Ordinance (EO), in connection with their support of the July 9 Bersih 2.0 rally.

The question next is when the unreasonable and undemocratic ban on Bersih 2.0 will be revoked?

Najib’s claim  that the government is able to make the “historic decision” to repeal the Internal Security Act (ISA) and review several other laws because the people had become more educated who appreciated a mature democracy and a legal system that could safeguard basic human rights has only begged the question about the independence, professionalism and integrity of the judiciary in the country.

Malaysia’s judiciary has a long way to go to recover its judicial professionalism,  independence and integrity which it enjoyed before the series of executive assaults on the judiciary for over two decades – beginning with the 1988 judicial crisis resulting in the sacking of the Lord President, Tun Salleh Abas and two Supreme Court judges.

Malaysia cannot be said to be on the path to become the “best democracy in the world” without a total overhaul of undemocratic laws – including repressive legislation like the  Universities and Universities Colleges Ac, Official Secrets Act and Sedition Act –  and key institutions in the country as ensuring an independent, professional and incorruptible judiciary, Attorney-General’s Chambers, Police, Civil Service, Election Commission, Malaysian Anti-Corruption Agency, etc.

Najib should present a full blueprint of how he proposes to make Malaysia the “best democracy in the world” with democratic laws and truly independent institutions when Parliament reconvenes on October 3.

This will be an acid test whether he is serious about the repeal of the ISA and other draconian laws to make Malaysia the “best democracy in the world”.

                This entry was posted on Monday, 19 September 2011, 2:33 pm and is filed under
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Pak Lah warns Najib of internal resistance to reforms

By Shannon Teoh

The Malaysian Insider

Sep 19, 2011

KUALA LUMPUR, Sept 19 — Tun Abdullah Ahmad Badawi said today that Datuk Seri Najib Razak should expect hardliners in Barisan Nasional (BN) to resist his plans to repeal the Internal Security Act (ISA) and other security laws because they want to maintain the old ways to silence critics.

The former prime minister, who was conferred Universiti Malaysia Kelantan’s first honorary doctorate today, said in his acceptance speech that his own efforts to implement reforms were “opposed not just by those outside but also those from within.”

“There are hardliners who want to maintain the old system, controlling the flow of information and using laws to silence the public. Najib may face the same challenges I did before. The job of a reformist is not easy.

“I hope there will not be those that oppose silently, ‘seperti gunting dalam lipatan’, as the policy that (Najib) wants to create with the repeal of the ISA will benefit the public and the nation in the long term,” Abdullah said, using the Malay idiom that refers to internal saboteurs.

PM Najib had announced last Thursday the repeal of the ISA, the three Emergency Declarations and also the need for annual printing and publishing permits when both Dewan Negara and Dewan Rakyat have their next sitting.

The Umno president said the new laws will be enacted to protect the peace, harmony and security of the country but admitted that they were “risky but necessary for our survival.”

Najib replaced Abdullah in April 2009 with the promise of reviewing the ISA but has now done away with the security law completely in what appears to be a drastic move to win back middle Malaysia.

But critics have warned that the BN chief will face pressure from right-wing elements within Umno and other lobby groups such as Perkasa.

Abdullah came into power in 2003, also with the promise of liberal reforms, but only delivered his reform package after the 2008 general election which saw BN fail to secure its customary two-thirds majority of Parliament, leading to his resignation a year later.

The Abdullah administration passed the Malaysian Anti-Corruption Commission (MACC), Judicial Appointments Commission and Enforcement Agency Integrity Commission Acts just months before he stepped down despite criticism that they were watered-down.

The MACC especially has been repeatedly accused of being biased against Pakatan Rakyat (PR) while two deaths in custody including that of a DAP aide have further dented its credibility.

Abdullah said today that even though some had blamed the 2008 election losses — which also saw BN ceding five state governments — on him for allowing too much freedom, “I have never regretted it as this is a basic human right.”

“To me, any rational and civilised society will one day be able to filter lies and deceit from truth and sincerity,” he said, adding that he was proud of Najib for “continuing the government’s pursuit of basic human rights.”

Putrajaya’s reform package was seen by political observers as a bid to reclaim middle Malaysia after the disastrous handling of the July 9 Bersih rally that saw the Najib administration being widely criticised in the international media just as he was pitching the country to foreign investors.

The latest survey from local pollster Merdeka Center has also showed that Najib’s popularity slid to 59 per cent this August from the 79 per cent high in May 2010, fuelled by rising concerns over the surge in living costs and the Bersih clampdown.

                This entry was posted on Monday, 19 September 2011, 12:19 pm and is filed under
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Bumis ‘typically’ sold government contracts for cars, houses, leaked study reveals

The Malaysian Insider

Sep 20, 2011

KUALA LUMPUR, Sept 20 — An unpublished Works Ministry study found that Bumiputera contractors as a rule sold their government contracts to buy luxury cars and houses apart from misusing payments received from the Treasury, according to a leaked US diplomatic cable.

The cable, revealed by whistleblower website WikiLeaks, comes just after Putrajaya agreed to allocate RM8 billion worth of contracts in the country’s most expensive infrastructure project, the Klang Valley Mass Rapid Transit (MRT), which initially set strict rules for its contractors.

The US diplomatic cable quoted a Works Ministry source as saying the “Study on Bumiputera Contractor Leakage” was the result of feedback from various industry sources on failed and successful projects. The report was used by then-Prime Minister Tun Abdullah Ahmad Badawi (picture) to castigate failing Bumiputera businessmen in February 2007.

“The current system of awarding lucrative government contracts to Bumis provides them with a strong economic incentive to simply act as agents, turning over as many projects as possible and taking a cut before handing each one off to a competent non-Bumi implementer.

“This ‘Bumi agent’ system is firmly entrenched in Malaysia. Any effort to make reforms is likely to be resisted not only by well-established Bumis, but also by the non-Bumi implementers who have built up a network of well-oiled agent partnership,” the US Embassy concluded in the report published by the Malaysia-Today news portal.

The US and European Union have called for more transparency and equality in government procurement by Malaysia as part of the free trade agreement talks which have yet to be concluded.

In the leaked cable, the US embassy reported: “The source said the study, which has not been released to the public, revealed that many Bumi contractors typically sold off their tenders for quick money, often to finance expensive cars and houses. The report also found Bumiputera contractors had misused payments received from the government to pay off creditors and that they often sought additional government tenders prior to completing the ones already awarded to them.”

“The official said contractors were irresponsible and had abused the trust given to them by the government which was meant to help Bumiputeras progress,” it added.

The US cable noted that then-Finance Ministry secretary-general Tan Sri Izzudin Dali had disclosed new regulations that Bumiputera contractors seeking government tenders will soon be required to sign an official declaration promising not to sell or subcontract their tender to other races.

“Violators will have their contracts and registrations terminated. Izzudin added that under the new rules contractors undertaking public infrastructure contracts will now be awarded only one project at a time and that projects will be distributed evenly among contractors in the same area or district,” the cable said, quoting Izzudin’s speech on February 16, 2007.

Incidentally, Izzudin recently completed one term as chairman of Syarikat Prasarana Negara Bhd (Prasarana), the original project owners of the MRT which is now owned by a new Finance Ministry unit called MRT Co. Sources said his strictness in selecting successful contractors had delayed the massive infrastructure project.

The cable also quoted then-executive chairman Datuk Moehamad Izat Emir of the Malay Entrepreneurs and Merchants Association as saying payment was the main issue facing the contractors.

“He said that while Abdullah had directed the disbursing agency to pay the contractors within two weeks after completing the work, this often does not happen,” the cable reported, saying Moehamad suggested Bumiputera contractors be trained to upgrade their skills and suggested government-linked companies (GLCs) be required to support these contractors.

It noted that Roslan Awang Chik, of the Malay Contractors Association, shared Moehamad’s view that “competency comes from exposure”.

“He is puzzled why many well-known and qualified Bumiputera contractors were not being awarded government contracts while several unknown ones were. He suggested the government blacklist any contractors found to be selling their tenders,” the cable said, quoting Roslan as saying “they can be considered traitors.”

The US cable was sent to Washington after Abdullah had publicly expressed frustration and disappointment over findings from a recently released Works Ministry report showing 85 per cent of government contracts awarded to Bumiputera contractors.

“They (Bumiputera) do not want to work, do not want to learn, and give little importance to the opportunities provided by the government…

“This approach will only make us hope and wait for aid and subsidies. Such a mentality thrives among the people, including Bumiputera petty traders and contractors,” the report quoted Abdullah as making the comments at a dinner speech on February 13, 2007.

                This entry was posted on Tuesday, 20 September 2011, 12:35 pm and is filed under
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Can the separation of power in Malaysia become reality?

— Koon Yew Yin

The Malaysian Insider

Sep 20, 2011

SEPT 20 — The recent announcement by Prime Minister Datuk Seri Najib Razak of pending political reforms is an important step in the right direction for the country. These reforms are needed to complement the earlier economic ones. The prime minister’s boldness in enacting these reforms has been applauded by all quarters, except for supremacist groups such as Perkasa who have been agitating for the harsher use of punitive laws against groups opposed to their notion of Malay rights and who are against any liberalisation of the status quo.

However, critics and cynics have questioned whether the reforms are being undertaken by the government to gain popularity and to counter the increasing potency of these civil liberty issues in the coming general election. Concern has also been expressed on whether the new laws to deter terrorism may be misused by the authorities and may have the same effect of stifling legitimate dissent. Also the proposed decision to abolish annual licensing for the print media under the Printing Presses and Publications Act is really a minor improvement since the home minister’s decision not to renew a licence is final and cannot be disputed in any court of law.

At the same time, there also appears to be no move to rescind or amend the Sedition Act and the Official Secrets Act which have been used to muzzle legitimate political dissent. For now though, Malaysians should comfort themselves that the proposed new laws will — if truly implemented — take some powers away from the Home Ministry and return them to the judiciary. This makes the role of the judiciary even more important to ensure that there is no abuse of power by the executive.

Restore the independence of the judiciary

Separation of power of the main branches of the state is a core characteristic of all democratic systems. Adherence to this key concept is also critical to the protection of constitutional rights and the attainment of Vision 2020’s lofty goals. The drafters of our Constitution had laid the groundwork for this by specifying “the supremacy of the law and the power and duty of the courts to annul any attempt to subvert any of the fundamental rights [contained in the Constitution] whether by legislative or administrative action or otherwise” (Reid Commission Report, para 161). Since 1988 however, the independence of the judiciary has been compromised by numerous actions which have undermined its powers and circumscribed its responsibility to defend the Constitution from legislative and other pressures.

If the prime minister is really serious about his “commitment to making Malaysia a modern, progressive democracy that can be proud to take its place at the top table of international leadership”, the restoration of the independence and integrity of the judiciary must be his next reform. Among the necessary steps for this reform process to take place are the following:

● Establish an Independent Judicial Commission to ensure transparency and objectivity in the appointment and promotion of judges and to protect judicial integrity

● Ensure the judiciary has the exclusive authority to decide whether an issue submitted for its decision is within its competence as defined by law.

● Require all executive decisions to be subject to judicial review.

The prime minister must realise that a manipulated and dependent judiciary can only lead to a weakened democracy. The public’s impression of a compromised judiciary was very much at the heart of the recent Perak state government coup d’etat which saw the ousting of the Pakatan Rakyat government and its replacement by what many Perak folk — including myself — regard as the illegitimate government of the Barisan Nasional in February 2009. At that time, I had made an appeal to the Sultan of Perak in my open letter in the following manner: “To the letter of the law a government must be answerable, and the one standing above politics must be accountable as well. In my humble opinion, Perak will regain its shine and the people’s trust when the Sultan accedes to the dissolution of the state assembly.”

According to US diplomats in a leaked Wikileaks cable, the BN victory in Perak was a “successful political power play both in terms of brute and refined power”. The diplomats also commented that “(This) reminds us that of the two coalitions, only the BN has the clout, money, and ability to manipulate the government system (election commission, courts) to muscle its way to power,”

Until the separation of power is fully established and respected, we can expect more such anti-democratic power plays and for the “modern and progressive democracy” that the prime minister aspires towards to remain a distant goal.

                This entry was posted on Tuesday, 20 September 2011, 6:03 pm and is filed under
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Ex-CID head in relentless pursuit of AG

Malaysiakini
 | Sep 19, 11

A former CID director has argued that the federal government has “confirmed” that Attorney-General Abdul Gani Patail tampered with evidence in the 1998 ‘black eye’ incident involving Anwar Ibrahim.

Mat Zain Ibrahim, in an open letter to Inspector-General of Police Ismail Omar, referred to a review of the incident by a three-member panel.

He noted that one panel-member had established a prima facie case against Gani (right). And by defending the panel’s legitimacy and authority through a ministerial statement to Parliament last December, he argued, Putrajaya had validated the minority finding.

“The main issue is whether Gani had falsified evidence in the investigation involving Anwar or not. It is clear that, in this case, the government had confirmed that the falsifying of evidence did take place.

“In short, whether by design or through technical grounds, the government has affirmed Gani as a criminal,” alleged Mat Zain in the lengthy letter also sent to selected news orgasations.

In July 2008, Anwar faced allegations of sodomising his then aide Mohd Saiful Bukhary Azlan, and responded by lodging a police report against Gani, then police chief Musa Hassan, Mat Zain and one Dr Abdul Rahman Yusof.

Anwar accused the four of tampering with evidence used in the investigations into the ‘black eye’ incident. This was part of his efforts to show that there was a high-level conspiracy against him and that Gani and Musa could not therefore be party to the probe into the fresh sodomy charge.

The Malaysian Anti-Corruption Commission (MACC) investigated the matter and formed an independent panel comprising former top judges Kadir Sulaiman, Wira Mohd Nor and Ahmad Nor Abdullah to probe the allegation.

Minister in the Prime Minister’s Department Mohd Nazri Abdul Aziz told Parliament in March 2009 that the panel had cleared both Gani and Musa of wrongdoing, but there was no mention of Mat Zain and Abdul Rahman.

Nazri said one of the three panel-members had indeed found a case against Gani, but that the panel’s decision was based on the majority view.

‘Review Musa’s role’

Mat Zain said Musa’s alleged role in briefing then premier Dr Mahathir Mohamad on allegations of Anwar’s sexual misconduct must also be examined in light of a recent judgment that has raised questions about Musa’s credibility.

Mat Zain noted that Mahathir wrote in his memoirs that he had been briefed about Anwar’s alleged misconduct by IGP Hanief Omar in 1993, but took the matter lightly until a subsequent briefing by new IGP Abdul Rahim Noor and Musa, then the investigating officer.

“This time, they had evidence, including pictures and confessions of the people involved,” wrote Mahathir.

But Mat Zain argued that Sessions Court Judge Supang Lian had in a 2009 judgment ruled Musa (right) to be “unreliable and to be disregarded” as a witness in the MACC’s legal proceedings against former Commercial Crimes Investigation Department chief Ramli Yusoff.

In view of this, Mat Zain said Musa’s role in the 1997 briefing to Mahathir is now questionable and must be reviewed.

“If a Sessions Court judge can record that Musa cannot be trusted in the notes of proceeding, at a time when he was still the IGP, it is not wrong to question whether he was lying or not when he briefed Mahathir on Anwar,” said Mat Zain.

Musa recently denied Mat Zain’s claims and instead accused the latter of being in cahoots with Anwar.

                This entry was posted on Tuesday, 20 September 2011, 5:00 pm and is filed under
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That bold speech on that historic day

— Sakmongkol AK47

The Malaysian Insider

Sep 19, 2011

SEPT 19 — I am a little late to write on the historic speech of the prime minister. Really, I wanted to offer words of encouragement and support. I am tired to continue criticising the PM, who is, after all, my ketua bahagian.

I was thinking, support and congratulations are in order because the media, led by the overzealous minister of information, have led the public to believe that some real goodies are in order; and after that, the public will offer effusive joyousness in response.

They will, I think, if the subject matter that is going to be announced affects them directly and immediately in a positive way. The response from the public will be lukewarm if the subject matter affects them indirectly and inconsequentially. Let us judge the administration on this score.

All week, the public was thinking that PM will announce some measures to be taken by the government that will, in substance, increase the efficiency of governance and government. In the end, those measures will translate into immediate increase in disposable income.

What possible form can such measures take place? Maybe: (1) Restructuring the GLCs including Khazanah so that they won’t become governments unto themselves. Now that 15,000 employees of MAS have threatened industrial action, that shows Khazanah has been doing some cloak and dagger corporate moves; (2) replacing laggard key government officials with those with abilities; (3) removal of structural impediments to transparency and accountability such as removing OSA; (4) shaking up the institutions that deliver justice and the law such as the police and the judiciary; and (5) announce stronger measures on corruption including the conviction of the big guns.

Further, things like direct transfer of money (oil money) to the public like what the Singapore government did during its recent general election. Those states making mountains of money from petroleum royalties distributing money to citizens of the state; Felda Corporation, which made lots of money, giving out money to Felda settlers, etc. That would be the real goodies that would certainly induce the recipients to jump up in uncontrollable euphoria while proclaiming “Najib, you are da man!”

We certainly need some substantive liberty enhancing policies from the current administration that would differentiate the Najib administration positively from previous ones. By liberty-enhancing policies, I mean policies that reduce dependency on the government.

There are some economic pressures that the government needs to address that have political ramifications. Inflationary pressures that cause the price of essential goods to rise make people more dependent on the government.

More people in the rural areas will depend on the welfare department for assistance and, when given, obliges them to be loyal to the benefactor. So what does a desperate government do? Maybe even condone the price increase. We are happy to note the administration is doing everything possible to contain the inflationary pressures.

Maybe the scrapping of the RM50 billion MRT in favour of an improved transport system that is more public friendly, maybe the setting of a ceiling price for houses in the city so that lower- and middle-income earners can work and stay in the city. Instead, they now have to look for houses in the outskirts of town while the city is reserved for the selects. Or maybe some form of a Buffet tax on the super-rich. Or maybe the dismantling of Khazanah and transferring all its shares to Amanah Saham Nasional or Amanah Saham Bumiputera.

Compared to the announcement involving the ISA and the Printing Presses and Publications Act (PPPA), government actions on those would be more impactful. But isn’t prosperity predicated on the removal of shackles and chains that perpetuate un-freedom?

I am using the term un-freedom to define freedom and liberty as a state of being free from the arbitrary force and coercion of others. Yes, it does; but the emancipation potential arising from the more down to earth policies could achieve the desired effects of freedom and liberty much more and faster.

The ululating responses would of course make the minister of information look good and perhaps ensure one last hurrah as a Cabinet member? It would be unfair for me to harbour misgivings aforethought.

The desired responses were forthcoming. Everywhere, PM Najib Razak was declared a revolutionary and a bold PM. Rais Yatim must be beaming like a Cheshire cat. PM Najib is really Optimus Prime, the chief Transformer. I have forgotten the never ending list of acronyms. Maybe the APCO people can issue a definitive list signed by Idris Jala, of course.

After the speech and announcement, the euphoria was I think premature. The subject of his bold and revolutionary steps to enhance governance and credibility of his administration are the ISA and the PPPA. Important as they are, I think their impact on governance enhancement and thereafter productivity is outstretched and indirect.

The good intent of abolishing the ISA appears to be blunted by the forewarning that two new Acts will replace the ISA. A person arbitrarily defined as a terrorist can still be detained without trial in open court. The empowering act of Article 149, the fountain from which springs ISA-like enactments, is still there and remains the overarching enabling repressive Act.

I was thinking of some announcement on measures to improve the quality of civil servants, or some measures assuring the best of civil servants that their effort will be well compensated, or the removal of bureaucratic clogs that prevent transparency, accountability and so forth.

Perhaps, if there is full public disclosure, we can once and for all determine, for example, whether Bangladeshi workers are given citizenship to vote in the coming general elections. Perhaps also, if there is full disclosure instead of OSA, then we can resolve the double speak by the Election Commission that the final list of voters are with them and that what the public are looking at are outdated voter registers.

Why would the updated and current list be withheld from public knowledge? I wouldn’t want a Bangladeshi pump attendant to have the same voting rights as I do. How the Election Commission can with impunity insult our intelligence by claiming the latest voters lists are meant for internal circulation is beyond any measure of decency!

I was thinking maybe the removal of the OSA, more insidious than the ISA, which prevents any public spirited citizen of this country from discovering the rationale of many government decisions on tender awards, on selection process and so on.

Now THAT, I thought would have more far reaching impact on the voters.

The ISA and PPPA? Tokens imputing the liberalisation of our society. ISA will be replaced by two new Acts on terrorism? Will the definition of terrorism be assigned to the sole and arbitrary discretion of the PM or the home minister? If it’s that, then the ISA remains in a different form.

People and political opponents, on the pain of being declared a terrorist, can be detained and incarcerated indefinitely without open trial. Owners of newspapers will still need to apply for a one-off licence from the relevant ministers. The liberty to operate a newspaper, therefore, remains only in potential until the minister approves.

Naturally, PM Najib came out brilliantly after delivering what people thought was a very bold move by the PM. Naturally, at least, that was the impression one can safely assume to be gushing out from the sycophantic Umno masses.

Unfortunately for PM Najib , if he cares to listen intently enough, even Umno members are now being critical. With 79 parliamentary seats, it’s no longer PM Najib’s own survival that is at stake, but also that of Umno as a dominant partner in any future government.

To most Umno members, PM Najib’s nervous rendition of his pre-Malaysia Day speech could signal the end of life as they have know it. But that probably is due to a stiffened neck malady — damn the pillow! — or maybe the after effects of his knee surgery.

Mainly, the life of an aristocrat feeding on the toil and labour of the masses while the ruling elite luxuriate in a life with perpetual soirees, jewellery from Jacob & Co, and where the spouses of prominent leaders swap lunatic smalltalk over the latest Hermes Birkin handbags and accessories. — sakmongkol.blogspot.com

                This entry was posted on Tuesday, 20 September 2011, 8:12 am and is filed under
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To be a statesman or to remain a politician?

by K Kabilan

Free Malaysia Today

September 20, 2011

Critics can be silenced only if Najib shows that he is genuine in making political reforms. For that, he has to start the ball rolling now, not next year, not after the general election.

COMMENT

It’s not surprising that there are so many sceptics to Prime Minister Najib Tun Razak’s proposed political reforms as announced by him on Malaysia Day.

It has been about a week now and we are yet to be shown any outlines or details of the mechanism under which Najib proposes to revoke the three Emergency proclamations, do away with the draconian Internal Security Act and on what form would the two replacement Acts be.

Neither have we seen any fine print on how the other Emergency Ordinance-related laws such as the Banishment Act and the Restricted Residence Act 1993 will be replaced.

More importantly, there has not been a timeline set for these proposed reforms to take effect, apart from de facto law minister Nazri Aziz stating that any move to repeal the ISA could only be done during a parliamentary seating next March. His reason is that the October seating would be busy with budget issues.

Najib meanwhile has been busy justifying his proposed reforms by saying that it was time to make Malaysia the best democracy in the world.

Hardly a stuff that would make Malaysians jump with joy simply because Malaysians had wanted such reforms to have taken place yesterday, not at an unknown date tomorrow.

The lack of any credible follow-up is why many are wondering if Najib is genuine in his decision to free up civil liberties or if it is just a political gimmick with an eye on the coming general election.

The BN crowd’s argument is that Najib would not have announced such ground-breaking proposals if he had no intention to implement them.

Fine, agreed. While it would not do Najib any good to backtrack or inordinately delay his reforms, his administration must also realise that promises of important reforms should be fulfilled quickly. He should strike while it’s hot.

Election goodies

The lack of any visible action from Najib’s administration brings about other important questions – were the proposed reforms a well-thought initiative, or were they made at the last minute, to shore up Najib’s popularity and to coincide with the Malaysia Day celebrations in an attempt to give an euphoric uplifting sensation to the rakyat?

Words were carefully leaked out about impending reforms some days before Najib’s Sept 16 speech but no major details have been released since then.

Maybe, work is being done behind the scene, but if it was a properly planned initiative, backed by a proper thought-process, Najib could have at least outlined the timeline for his proposals.

If he had no time to say much during his Sept 16 speech, he could have given media interviews to put out in the open his road map for a better democracy for Malaysia.

He could have said that he was calling for an emergency Parliament sitting immediately so that the ISA could be repealed.

If the government law drafters are not ready, Najib could have at least started discussions with the various stakeholders on how to move forward. He could have taken feedback on what other obsolete laws that should be repealed.

He didn’t do any of these, and that is why the sceptics and his critics are having a go at him now.

It is increasingly looking like these reforms were a personal venture undertaken by the prime minister without taking proper consultation from the people that matter. Even his ministers looked surprised when he made the announcements!

There is no doubt the general election is imminent, perhaps in the next six months. Perhaps, even before the March parliamentary sitting.

These political reforms are just part of goodies promised by Najib. His next set of goodies will come during his budget speech in October. And then there will be more pledges to help the rakyat to ease their financial burden.

Reveal the details

Najib seems to have a two-pronged strategy with his proposed reforms – in the long run, as he specifically said, it is to tell the world that Malaysia was opening up to become a better democracy.

In the short term, as he will never reveal publicly, the reforms look like targeted at keeping him and BN politically relevant, to lure the rakyat to back him in the coming general election.

Najib will definitely keep true to his words on the proposed reforms, of that I am sure, but whether it is in the exact form as he had said or a watered-down version will depend on the outcome of the general election.

Of course Najib can prove that his intentions are genuine – he only has to set out the fine print of his proposed reforms now, along with a timeline of their deliveries.

And if he wants to become a true statesman, he should immediately start talking to all stakeholders – the civil society movements, the opposition and even the man on the street – on other necessary reforms.

These reforms are long overdue. It is now up to Najib to show that he is not playing a political game and is only doing his duty as a responsible prime minister.

K Kabilan is FMT’s chief editor.

                This entry was posted on Tuesday, 20 September 2011, 12:44 pm and is filed under
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Najib must retract his “crushed bodies, lives lost” speech and declare that  he will accept the general election  verdict of the people, including a change of government in Sri Perdana Putrajaya

On Sunday the Prime Minister, Datuk Seri Najib Razak claimed that his Malaysia Day speech announcement of the repeal of the Internal Security Act and other law reforms was an effort to make Malaysia “the best democracy in the world”.

Within 48 hours however Najib demonstrated that he has neither the political commitment nor the necessary mindset to “walk the talk” of making Malaysia “the best democracy in the world” when he spoke to the Association of Former  Members of the Social Welfare Department (PBAKM) calling for assistance to defend Putrajaya by declaring  that Seri Perdana is the residence of UMNO and a BN Prime Minister.

Najib cannot be more wrong as  Sri  Perdana is not the private property of UMNO and Barisan Nasional but the public property of the people of Malaysia, regardless of the outcome of any general election.

No Prime Minister can be serious in wanting make Malaysia “the best democracy in the world” when he refuses to accept the verdict of the people in a general election and uphold the  important distinctions among public, party and personal spheres of responsibility, which is the root cause of the rampant corruption,  abuse of power and flawed democracy in the country.

Malaysians are reminded of Najib’s deplorable speech at the UMNO General Assembly last year when he used the language of “crushed bodies, lives lost” for Umno to defend power at any cost in Putrajaya.

As Najib is now talking about wanting to make Malaysia the “best democracy in the world”, the first thing he should do to demonstrate his sincerity and credibility by retracting his “crushed bodies, lives lost” declaration to the UMNO General Assembly last year and make a firm public commitment that  he, UMNO and Barisan Nasional will accept the verdict of the people, including for a change of government in Sri Perdana, Putrajaya in the next general election.

If Najib is not prepared to make such a retraction and publicly declare acceptance of the general election verdict of the people, the sincerity and credibility of his claim of wanting to make Malaysia “the best democracy in the world” stands immediately exposed as an empty and meaningless stance.

                This entry was posted on Wednesday, 21 September 2011, 8:30 am and is filed under
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Pak Lah and Najib: Same old, same old

— The Malaysian Insider

Sep 21, 2011

SEPT 21 — It is really amusing how former leaders labour to protect a legacy or image, many times even more strenuously than when they were occupying the hot seat at Putrajaya.

Look at Tun Dr Mahathir Mohamad; when he was in power for 22 years, he did not care if Malaysians and his critics called him a dictator or autocrat or “Mahafiraun”.

But since yielding the reins, he has attempted to rewrite history by suggesting that it was the police who ordered the arrests of over 100 people under Ops Lalang and that he was tolerant, open-minded, transparent, etc.

Now comes the turn of Tun Abdullah Ahmad Badawi. He has come “alive” since his replacement Datuk Seri Najib Razak announced on Thursday plans to abolish the Internal Security Act (ISA) and other laws enacted, propped up or abused by the Barisan Nasional (BN) government.

Abdullah warned Najib of internal opposition and last night said that he, too, was single-minded about pushing for reforms but was not forceful enough. As a result, little was achieved. He and his supporters point to the MACC as a proud legacy of the Abdullah era.

But we know better. The MACC is more powerful but just as incompetent as its predecessor, a lumbering machine to do the bidding of its political masters rather than tackle corruption.

If it were serious about going after the corrupt, many of the country’s leaders and ministers would have to justify living beyond their means.

Then came his famous reform of the judiciary. He kick-started that reform by appointing an Umno lawyer as a senior judge and earmarking him for the top position in the judiciary.

Today, the judiciary is still a pale shadow of the proud, credible and independent institution it once was in the 1970s and early 1980s. Just look at the decisions that allowed the power grab in Perak in 2009.

So, it is difficult to accept Abdullah’s view that he was a serious reformer.

He and Najib are alike in many respects. First and foremost, they are Umno men. Their first love and the people they care about are Umno members. Their first instinct is to listen and follow what the party wants. They are only willing to take into account the interests of other Malaysians when political survival is at stake.

Abdullah or his advisors crafted an image of a reformist after he took over from Dr Mahathir, knowing that the electorate was not willing to accept a clone of the long-serving prime minister. So he mouthed all those wonderful “work with me, and not for me” and “I am the prime minister of all Malaysians”phrases that got him a resounding victory and, later, a shameful loss.

A few big fish were arrested by the then ACA, now including the MACC’s arrests of Tun Dr Ling Liong Sik and Tan Sri Chan Kong Choy. But note how all were acquitted and it does seem that Dr Ling may well walk free.

But then came the pushback from Umno and the Malay ground, and Abdullah shrunk from his responsibilities to the country and governed the country like the president of Umno, sweeping critical issues under the carpet and allowing the growth of the right wing elements.

He suddenly became a reformer after the general election in 2008, only when he realised that he had been rebuffed by many Malaysians and that his party members had grown tired of his weak leadership.

But a true reformer does not wait until his options have run out before trying to change the country for the better. The true reformer has vision and drive. Reform is not the last resort or a survival strategy of a true reformer. So Abdullah may have been a decent chap, but a reformer he never was.

So de facto Law Minister Datuk Seri Nazri Aziz was right when he said that Abdullah did not have a clear vision of reforms. But Nazri is only half right. He says that Najib had a clear vision from Day One of taking office. That, in plain English, is utter rubbish.

Najib may have wanted to do a few things but he has also kept his eye on the right wing of Umno. That is why his once-promising economic liberalisation has floundered badly.

Notice how the talk of open tenders has all but disappeared because the Umno beast has to be fed with contracts and projects and concessions. This beast demands a share of all the big projects in the country. The PM has to accede because he has to keep his party happy. So when they demanded for a slice of the MRT piece, they got it.

He treated Datuk Ambiga Sreenvasan and the people of Bersih as criminals because that was what his party demanded. That is why there was a flip-flop over the offer of the stadium.

Only when he realised that Bersih represented the aspirations of many Malaysians and that his handling of the rally had backfired big time, did his administration backpedal and start talking about election reforms. Even then, it was on their limited terms and with no commitment to bring about the reforms before the coming polls.

His friends, brothers and advisors have spoken about the need for the PM to be a reformer to save his administration and legacy. That is why there is now a push to talk about abolishing the ISA, etc. Because political survival is at stake.

We don’t blame Najib just as we don’t blame Abdullah. They are taught from young that their allegiance is to Umno first. That is why they allow their party newspaper to run rampant with racism and allow their party members and surrogate units to divide this country on a daily basis.

Only when their backs are to the wall, do Umno presidents try to become reformers. Or when they are no longer in office.

                This entry was posted on Wednesday, 21 September 2011, 3:08 pm and is filed under
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Pakatan commits to PSC

by Aidila Razak

Malaysiakini

Sep 21, 11

Pakatan Rakyat will participate in the parliamentary select committee (PSC) on electoral reforms despite earlier boycott threats.

After the Pakatan leadership council meeting in Kuala Lumpur, PKR de facto leader Anwar Ibrahim said that the coalition was willing to “give the government a chance” to prove its commitment to electoral reforms.

However, the coalition has yet to appoint its three representatives to the nine member committee. Five will be filled by BN MPs and another from the Independent bloc.

“We have given our members full mandate to represent Pakatan and state their priorities, collaborate and see the workings of the committee and decide if it is a delay tactic.

“We are giving the government a chance, we don’t want to be presumptuous,” he said.

DAP parliamentary leader Lim Kit Siang, who was also at the press conference, added that the decision reflects Pakatan’s willingness to “walk the last mile”.

“If it is a ploy (to delay reforms) then we won’t be part of it,” he said.

The three MPs who will join the PSC, due to be formed in the next parliamentary sitting on Oct 3, will be decided by PAS, DAP and PKR respectively.

Pakatan had previously stated it will not join the PSC unless Prime Minister Najib Abdul Razak can guarantee that he will not call snap polls before the PSC’s recommendations are in place.

Asked about this today, Anwar said that this would be something Pakatan PSC members will raise in the committee.

The select committee will be made up of four BN backbenchers, three Pakatan Mps and one Independent MP, and is chaired by a cabinet minister.

BN has selected its members but has not revealed the names.

                This entry was posted on Wednesday, 21 September 2011, 8:06 pm and is filed under
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Branding guru calls Najib’s PR efforts an ‘absolute scam’

 By Yow Hong Chieh

The Malaysian Insider

Sep 21, 2011

KUALA LUMPUR, Sept 21 — The creator of the nation branding concept has called the prime minister’s use of British publicity firm FBC Media to burnish Malaysia’s image abroad an “absolute scam” and a waste of public funds.

Simon Anholt, who pioneered the use of nation branding as a way to measure, build and manage a country’s reputation, said that while public relations was needed in the private sector, it was “highly suspect” that a country could up its standing using the same means.

“There’s a great deal of evidence around us to show what a waste of taxpayers’ money this is,” he told BFM Radio in a phone interview this morning.

“First of all, the countries that tend to spend most money on these PR campaigns to fix their image tend to be the rogue nations.

“If you look at the countries that have spent the most money on ambitious PR campaigns, they’re the places that are most despised and it hasn’t done anything to fix their image at all.”

Anholt pointed out that media studies has known for decades that the media cannot change people’s perception of a country from worse to better or vice versa but could only raise the profile of its existing image.

For this reason, he said “the last thing” a country with a bad image should do is engage in public relations as increased media coverage would only remind the rest of the world what a “problematic” country or government it was.

“So I’m afraid I think the whole thing is an absolute scam and a shocking and indefensible waste of taxpayers’ money,” he said.

Anholt stressed that governments needed to understand that when they engaged in foreign policy, economic development or international relations, they risked damaging the reputation of their country, which was worth “much, much, much more” than all other tangible assets combined.

It was the “sacred responsibility” of governments today to ensure their country’s good name was preserved and handed down in the same condition, if not better, he said.

Anholt added that countries could only make themselves more relevant to the rest of the world by becoming more useful, and suggested Malaysia tackle shared global issues like climate change, women’s rights, terrorism and financial instability to improve its reputation.

“And then I absolutely guarantee that if you do that and you do it well and you do it consistently over a number of years… you will find that you will become a much more widely recognised and more widely appreciated country,” he said.

“That’s how reputation is earned. I’m afraid there aren’t any shortcuts to it.”

Last month, Putrajaya was forced to end its contract with FBC Media after an embarrassing exposé revealed that Malaysian leaders routinely appeared in paid-for interviews on global television programmes.

Prime Minister Datuk Seri Najib Razak has since engaged the services of a new group of political strategists — including members of the team behind Tony Blair’s “New Labour” — to reinvent the first-term premier as a moderate reformist in preparation for possible snap polls next year.

Najib’s new team of advisers is just the latest in his administration’s penchant for foreign public relations firms.

APCO’s time in Malaysia was marked by controversy after the opposition alleged the public relations firm was linked to Israel.

                This entry was posted on Thursday, 22 September 2011, 12:32 am and is filed under
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Malicious/selective prosecution of Mat Sabu should dampen euphoria in certain quarters sparked by Najib’s latest gambit to brand himself as reformer par excellence to make Malaysia “ best democracy in the world”

The malicious and selective prosecution of PAS Deputy President Mat Sabu for criminal defamation should dampen the euphoria in certain quarters sparked by the Prime Minister Datuk Seri Najib Razak’s latest gambit to brand himself as the reformer par excellence to make Malaysia the “best democracy in the world”.

The proposals to set up a parliamentary select committee on electoral reforms, to repeal the nefarious Internal Security Act (ISA) and to amend various laws such as Printing Presses and Publications Act (PPPA) have not been able to stand up to close scrutiny that they are intended to usher in a major democratisation of the country.

The proposed parliamentary select committee will only be meaningful if it results in changes to the electoral system to ensure free and fair elections as envisaged in the Eight Demands of Bersih 2, and most important of all, that such reforms are all effected before the dissolution of Parliament and the holding of the next general elections.

The very fact that the Prime Minister is not prepared to give an undertaking that Parliament would not be dissolved until the parliamentary select committee has made recommendations for a free and fair electoral system and their full implementation raises the question whether this is just a political ploy or a meaningful reform exercise.

The repeal of the ISA will be tested as to whether the two replacement laws for it would only result in spawning new ISA-like detention-without-trial laws without the term of “ISA”.

The PPPA amendment to do away with annual licensing for newspapers will not lead to free and responsible press so long as the government continues to exercise a media stranglehold through other measures as licensing of newspapers and political party ownership and control of newspapers.

At a time when Najib’s bona fides for political reforms has come to the very national forefront, the malicious and selective prosecution of Mat Sabu for criminal defamation has come as a reminder that if Malaysia is to make progress towards a more democratic society, upholding human rights and the rule of law, it is equally important to end the gross abuses of power so rampant in the present system – as illustrated by the case of the malicious and selective prosecution of Mat Sabu for criminal defamation.

There are incidents galore in the past two years of reckless and irresponsible incitement of racial and religious hatred and tensions, as in the lies and falsehoods alleging a DAP conspiracy for a Christian Malaysia and and a Christian Prime Minister, but which enjoy utter immunity and impunity from prosecution.

There must not only be far-reaching reforms to abolish draconian and undemocratic laws but also a restoration of the independence, professionalism and integrity of key national institutions, whether the Judiciary, Attorney-General’s Chambers, Police, Election Commission or MACC, if Malaysia is to become a normal democratic country.

                This entry was posted on Thursday, 22 September 2011, 11:50 am and is filed under
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The system’s breaking down

— The Malaysian Insider

Sep 22, 2011

SEPT 22 — Anti-corruption officers extorted RM1 million from money changers. Policeman sentenced to five years’ jail for shooting 14-year-old boy in the back. The Attorney-General accused of a string of serious and damning offences, including fabricating evidence.

Nope, these are not headlines from a banana republic in Central America or Zimbabwe. This is what is happening in Malaysia and is only a snapshot of a system falling into a serious state of disrepair, where there is a serious blurring of lines between law enforcers and law breakers, where the culture of easy money and lack of respect for the rule of law are hurting the country’s once-respected institutions.

Oh, you can bet that the Malaysian Anti-Corruption Commission (MACC) will talk about how a few bad apples should not sully the whole basket but we believe recent evidence suggests that the problems at the anti-corruption agency are institutional rather than isolated.

Wasn’t it the Royal Commission of Inquiry into Teoh Beng Hock’s death which found the behaviour of the MACC interrogators abhorrent? And of course that was before the Customs official fell to his death and where a CCTV recording mysteriously disappeared.

Aminulrasyid Amzah was shot in the back by a policeman and in another incident, the court awarded RM900,000 to a man who became paralysed after being shot in the back.

Are the cops remorseful? We doubt it judging by the response of top cop Tan Sri Ismail Omar. He did not think it necessary to offer Aminurasyid’s family an apology. Perhaps he had forgotten that his men tried to portray the boy as a criminal to justify the shooting.

Of course, no one can bring the boy back but a simple and heartfelt sorry to the family would have been the proper thing to do.

Instead, they received some mumbo jumbo from Ismail. But we should be grateful for small mercies. At least Ismail said something about this case.

He had said zilch about the reports and letters from his former comrade Datuk Mat Zain Ibrahim detailing the alleged abuses of Attorney-General Tan Sri Abdul Gani Patail. At the very least, the nature of the accusations merits an independent inquiry.

But Ismail has been quiet as has the prime minister. There is no charade or pretence of an investigation. Just a complete shutdown of any information.

Nobody in the police force or the MACC seems interested in pursuing these allegations.

Or maybe they are too busy making their own headlines.

                This entry was posted on Thursday, 22 September 2011, 7:06 pm and is filed under
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A-G bad choice to draw up ISA replacement laws, says ex-CID chief

By Debra Chong | September 23, 2011

The Malaysian Insider

KUALA LUMPUR, Sept 23 – Datuk Seri Najib Razak has picked the wrong man to spearhead his legal transformation programme, a former senior police officer said today.

Datuk Mat Zain Ibrahim urged the prime minister to rethink his choice of Attorney-General Tan Sri Abdul Gani Patail to lead the government group tasked with drawing up two new security laws to replace the soon-to-be repealed Internal Security Act (ISA) and other laws that allow for preventive detention.

“Concern arises because PM Najib is still using the services of an Attorney-General whom the government itself has confirmed to be involved in criminal wrongdoing in the name of public justice,” the ex-Criminal Investigation Department (CID) chief said today in an open letter.

“Is he still qualified and suitable to lead a taskforce to draft vital laws that control freedom of speech and national security?” he asked, referring to the government’s top lawyer whom he described as being dishonest and having serious credibility issues.

Though the three-page letter was addressed to Inspector-General of Police Tan Sri Ismail Omar, Mat Zain reminded Najib that the criminal allegations against Abdul Gani were made publicly in two previous parliamentary sessions — the first in March 2009 and the other just last December.

The ex-cop stressed that it was no ordinary group that had mounted the investigations into Abdul Gani but an independent three-man panel, which included the Solicitor-General, and that one of the panellists had concluded the A-G was involved in evidence tampering.

While Mat Zain left out the case, it is believed he was referring to Datuk Seri Anwar Ibrahim’s controversial “black eye” incident in Sodomy I, over a decade ago. The deputy prime minister-turned-opposition leader is back in the dock on a similar charge of sodomising a former male aide.

The retired policeman said the prime minister’s intention to open up laws controlling basic human rights was noble and welcome, but warned that public confidence depended on him actually carrying out what he had pledged.

He added the public will find it hard to believe they can get a fair hearing or have any trust in the new laws if Abdul Gani is the one drafting them.

                This entry was posted on Friday, 23 September 2011, 11:38 am and is filed under
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Undilah video taken off-air over Ku Li speech, opposition figures

By
Jahabar Sadiq

Editor | September 23, 2011

The Malaysian Insider

KUALA LUMPUR, Sept 23 — A video promoting the right to vote has been taken off the air by local broadcasters despite a push for greater democracy because it contains opposition figures and Tengku Razaleigh Hamzah’s speech talking about Malaysia having problems.

The Malaysian Insider learnt that the Malaysian Communications and Multimedia Commission (MCMC) directed local broadcasters this week not to use the public service announcement (PSA) produced by musician Pete Teo just days after its launch on September 16.

“MCMC emailed both Astro and Media Prima Bhd about the issue, telling them the video clip should not be aired because Ku Li speaks about the country having problems and also because it features opposition leaders,” an industry source told The Malaysian Insider, referring to Tengku Razaleigh by his popular nickname.

“Only NTV7 used it but the MCMC email was sent to both organisations which control the majority of television channels in the country,” the source added.

A government source confirmed that MCMC sent the email to Media Prima, which is linked to Umno and owns the NTV7 channel, and Astro, the direct broadcast satellite pay-television service.

“The email about the PSA was sent this week,” the source said, adding he was puzzled about the directive as it referred to Tengku Razaleigh, who happens to be the Gua Musang MP for the ruling Barisan Nasional (BN) government.

The MCMC is an independent regulator but it reports to Information, Communication and Culture Minister Datuk Seri Rais Yatim, who was incidentally the Kelantan prince’s comrade in Semangat 46 before the party was dissolved for the politicians to join Umno Baru, the successor party to the original Umno that was declared illegal in 1988.

Apart from Tengku Razaleigh, the 4.38-minute video also features Deputy Education Minister Datuk Dr Wee Ka Siong, Deputy Health Minister Datuk Rosnah Abd Rashid Shirlin and opposition figures Petaling Jaya Utara MP Tony Pua, Lembah Pantai MP Nurul Izzah Anwar, Shah Alam MP Khalid Samad and Seri Setia assemblyman Nik Nazmi Nik Ahmad.

Teo, who produced the independent video as a voluntary project, said the alleged directive was “disturbing” as it went against Prime Minister Datuk Seri Najib Razak’s latest announcement to loosen media control and strengthen civil liberties in the country.

Najib had announced on September 15, the eve of Malaysia Day, that his administration would repeal several security laws including the Internal Security Act (ISA) and review media laws to bring about more democracy in the country.

Teo said Tengku Razaleigh’s comments that Malaysia has problems, such as rising cost of living, brain drain, corruption, worsening ethnic relations, declining economic competitiveness, et cetera, was “a commonly acknowledged fact even within the government, let alone among the rakyat”.

“Any objection to the mentioning of ‘problems’ not only flies in the face of reality, it also implicitly denies the need for reform, including those initiated by the PM.

“I think it’d be more constructive if people in authority would help seek solutions to these commonly-known problems rather than try to limit the viewership of our PSA video for mentioning them,” Teo told The Malaysian Insider.

He also responded to the “apparent objection” to the equal representation to Pakatan Rakyat (PR) figures as well as their BN counterparts by saying that “the rakyat’s interest is best served by being offered a choice between competing parties at the ballot box”.

“I believe our unbiased representation of both the government and the opposition honours this crucial idea. Thus, a move to put pressure on broadcasters not to play our non-partisan public service video because it contains opposition figures is fundamentally undemocratic in intention.

“Further, it also goes against the PM’s recent announcement to loosen media control and strengthen civil liberties in the country. For this to happen so soon after the PM’s historic announcement is very disturbing,” he added.

Teo disclosed that the video clip at www.undilah.com has seen just under 300,000 views on the video-sharing site YouTube for all four language subtitled versions since the launch last Friday.

“I am very pleased to have done this sort of numbers despite the difficult release conditions. Anyway, the plan was to massively increase (on-site, broadcast and print) publicity in the coming week so we can get more people to see it, but I guess that might be more complicated now.” he said.

Teo confirmed that NTV7 ran the video clip for the first three days of the release and a special interview with those involved, rapper Namewee, actor Afdlin Shauki, director Benji Lim and himself.

“To date, no other broadcaster has committed to broadcasting it, although one has expressed interest. Am not sure if the interest still holds,” said the musician behind the successful 15Malaysia project that featured short films last year.

                This entry was posted on Friday, 23 September 2011, 10:07 am and is filed under
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