Continuing from
Part 1, let’s look at
Waytha’ response:
RE: COWARDLY ACT BY THE UMNO LED GOVERNMENT TO SUPPRESS AND OPPRESS MALAYSIAN INDIAN MINORITY
Declaring Hindraf as an illegal organization will in any case not banish the spirit that created Hindraf . Hindraf represents a very deep feeling experienced in the hearts and souls of millions of Indians both locally and Internationally.
This dastardly and ludicrous attempt by the Home minister to declare HINDRAF as an illegal organisation clearly indicates that the UMNO led government is at the end of their wit and shows that Malaysia is indeed a police state under the pretext of democracy.
The UMNO led government continued use of the sanctity of illegitimate laws such as ISA, Sedition Act, and now the Societies Act with their predatory acts against HINDRAF is a desperate attempt to silence legitimate voice of democracy.
The UMNO led government enjoys demonizing and bullying us on the pretext of law, public order, National security when all we are fighting for is to address the true and real condition of the downtrodden Malaysian Indians who have been systematically marginalized, suppressed and oppressed.
The UMNO government is not able to understand the phenomenon of Hindraf. Hindraf represents the Indian commoner, the hard working oily faced man who is made fun of in the streets, the man who people step on, the man who walks past you yet you notice him not. These are the people whom Hindraf represents – the marginalized and downtrodden Indians. They all do not wither away with this illegal declaration. The Government obviously has a primitive understanding of the situation, they cannot see a genuine problem within a significant section of the Malaysian society.
Look at the annals of history – when the people begin to demand what is truly theirs no governing elite have been able to stop them – take the French revolution, the American revolution, the anti-colonial and liberation movements through the first half of the 20th century and then the liberation of Africa in the late 20th century culminating in the abolition of apartheid in South Africa.
HNDRAF is peoples’ mass movement that seeks the moral and spiritual truth for the oppressed Malaysian Indians against the tyranny of the UMNO led government.
HINDRAF’s movement has raised the self worth of every individual in Malaysia and demand that the dignity and equality for each and every Malaysian cannot be abandoned and diluted for the glory of the UMNO led government whose only intention is to stir racial tension and maintain their status quo.
HINDRAF will not flinch with these threats and will continue its struggle against the UMNO regime in Malaysia as we can no longer be cowed nor are we any longer afraid. It is the people’s mass movement for moral and spiritual truth on the basis of humanity against the tyranny of the current ruling government.
It is only fair for the Prime Minister to advise his Home Minister to revoke the order.
Waytha Moorthy
HINDRAF – CHAIRMAN
According to Malaysiakini, Waytha is also suspending all activities of the movement as a result of the ban by the government.
“I have instructed our coordinators to suspend all activities. I am also urging all our sympathisers and supporters not to take part in activities that is claimed to be organised by Hindraf from today onwards,” he told Malaysiakini.
He urged them to await further instructions from him on the movement’s next course of action.
“We are presently taking legal advice on this matter as well,” he said.
Waythamoorthy also urged supporters to wear orange-coloured t-shirts over the weekends to show their support for Hindraf.
Guess what, I mentioned about wearing orange on certain days recently. Hope Waytha does not lift this idea from my blog, lest the police show up at my front door! Anyway, Waytha knows he can’t afford to lose any of his lieutenants due to the ban. So, its back to legal avenues to challenge the ban - something which I wrote about too. Hmm…this is getting too coincidental.
Ok, let’s look at comment by other personalities in the same article as above:
Malik Imtiaz Sarwar, president of the national human rights society Hakam, said the ban was unnecessary and showed a lack of sensitivity to the minority community which shunned the government in March elections.
“Hindraf is more a wave of consciousness than an organisation and in declaring it illegal the government has possibly alienated the Indian community even more,” he told AFP.
Gerakan president Koh Tsu Koon expressed hope that despite the ban on Hindraf, the cause of the movement will be given due attention by the authorities.
“The issues affecting the Indian community brought up by Hindraf and other NGOs should be quickly and properly addressed,” he told a press conference at Parliament House today.
He said a cabinet committee on the Indian Malaysian community chaired by Deputy Prime Minister Najib Abdul Razak has already implemented a few policies, although the outcome will take time to be seen.
“We hope this (ban) will not stifle the freedom of expression by individuals, groups and legally registered organisations. It is an important hallmark for the society to allow for freedom of expression and association” stressed Koh.
Nat Teo echoed similar thoughts as my question earlier. Will HINDRAF become a true Makkal Sakthi? He says its an golden opportunity to evolve Hindraf into a Makkal Sakthi for all Malaysians.
HINDRAF ISA detainee Ganabatirau’s brother, Papparaidu said:
V. Papparaidu, the brother of V. Ganabatirau, one of the five Hindraf leaders being detained under the Internal Security Act, urged the government to review its decision.
“Our struggle has brought some good to the community.”
He said during his recent visit to the Kamunting detention centre, he was told by the Hindraf 5 that there was a move to outlaw their movement.
“Vasantha Kumar told me that there were some within the movement who had used Hindraf for their own ends.”
He was referring to the gathering at the cabinet ministers’ Hari Raya open house on Oct 1 where some 300 Hindraf members caused a stir when they turned up, clad in orange T-shirts.
Few other responses collected by NST:
* Prof Emeritus Tan Sri Dr Khoo Kay Kim, Historian: “It’s a difficult situation. In the first place, they are not legal and as such, shouldn’t be making so much noise. Secondly, they are not clear what they are fighting for. When historians study them in the future, they will be able to better judge the truth behind Hindraf’s many statements.”
* Ragunath Kesavan, Bar Council Malaysia vice-chairman: “Making them illegal will not make the problem go away. It’s important to address the issues raised by Hindraf, not Hindraf itself. Hindraf only became prominent because it championed the issues facing Indians. The MIC has been registered for over 50 years and Hindraf has been around for only two, but they took up the Indians’ problems.”
* Tan Sri Ramon Navaratnam, Transparency International Malaysia president: “You can ban an organisation but not an idea. It’s a step backwards for the country because it will discourage thinking and open debate, both of which are crucial to sustainable democracy. This strikes at the heart of the increased democracy the government has championed over the last few years.”
* Tan Sri Abu Zahar Ujang, President Council of Former People’s Representatives: “Their activities all this while have not been in accordance with the rule of law. They should not take the law into their own hands as it is not good for harmony in the country. “I’m afraid for our future generations and just want to see everybody living in peace and tolerance. Let’s look at things with more wisdom and not so narrow an angle. Live and let live.”
MIBA President Sivakumar, the ban will definitely benefit the opposition:
The government has ‘fed the opposition a big slice of cake’ by banning the Hindu Rights Action Force (Hindraf), said Malaysian Indian Business Association (Miba) president P Sivakumar today.
Criticising the ban, he said the opposition alliance Pakatan Rakyat would capitalise on the issue and lure more Indian Malaysians into its fold.
Sivakumar also took Home Minister Syed Hamid Albar to task for claiming that Hindraf had incited hatred between the races.
“Miba is unhappy to learn of the minister’s version that Hindraf has been inciting hatred. This is not true, the focal point is about rights and equal treatment for all,” he told Malaysiakini.
Sivakumar also disagreed with the minister over his assertion that Hindraf had tarnished the nation’s image in the international arena.
“Miba feels that the arrest and continued detention without trial of the five Hindraf leaders and others under the Internal Security Act is the main reason the international community looks down on Malaysia.
“This is what that has damaged the reputation of the country in the eyes of the world,” he said.
Meanwhile, Sivakumar felt that banning Hindraf would do little good for the ruling coalition as it failed to address the core issues.
“Banning Hindraf is one thing, but the mother of all Indian protests which happened in the March 8 general election, the Makkal Sakthi (people’s power), is the feeling of being sidelined under the New Economic Policy for far too long.
“It is about the desire to be treated equally and to be given a fair share of opportunities in the civil, business and education sectors as well as the need to respect their places of worship in terms of indiscriminate demolitions,” he said.
“These are the grouses of the community, no one can imprison this spirit,” he stressed.
On the same note, the Johor-based businessman called on all state leaders to emulate Johor Menteri Besar Abdul Ghani Othman in dealing with the problems faced by the Indian community.
Although he is a BN leader, Sivakumar said, the menteri besar has taken a personal approach to the woes faced by the community by continuously meeting with Indian-based NGOs and resolving their grievances.
“This is the best method of approach which all state heads should adopt. They should try to solve the problems of the grassroots irrespective of ethnicity,” he added.
Pakatan Rakyat folks did as expected - protest and try to milk as much publicity as possible out of this. No need to talk alot. Would they were orange on Saturdays? Attend MIC’s Deepavali open house wearing orange? Action speaks louder than words.
From Malaysiakini:
At a press conference in Parliament, PAS secretary-general Kamaruddin Jaafar questioned why Hindraf had been singled out.
“There are a lot of coalitions and non-governmental organisations which have emerged and bring up all sorts of issues. It is strange why Hindraf has become the only target,” said the Tumpat MP.
According to Kamaruddin, this is the reason why the movement was banned.
“(But) their decision to make Hindraf an illegal body following the ‘open house’ visit is clearly against the principles of democracy and rights,” he stressed.
Meanwhile, M Kulasegaran (DAP-Ipoh Barat) also condemned the decision by submitting an emergency motion to Speaker Pandikar Amin Mulia to discuss the matter.
The speaker said he will decide on this by Monday.
Tian Chua (PKR-Batu) who also present said Pakatan leaders are worried that more civil society activists could be targeted and detained under the ISA following the ban.
He said that Hindraf could follow in the heels of Jemaah Islamiah (JI), where more than 80 alleged supporters of the Islamic movement had been detained.
“This (the ban) is a threat to civil society. There could be a mass arrest of activists who can be classified as Hindraf supporters.
“Now we are worried if more people and civil society activists could be targeted and be detained under ISA. That is why we are very concerned,” he added.
Kamaruddin said the ban could also become a smudge on democracy and the prime minister’s reforms as the former has promised to do his best in his last five months in power.
“But now he has decided to take this drastic action on a peaceful open house move that was not something done in the middle of the night or creeping into the compound in his residence.
“There were also no reports of any violent act committed by them (Hindraf) towards anybody, let alone the prime minister that day,” he added.
R Sivarasa, who also attended the press conference said the ban sends a “wrong and negative message about democracy in the country.”
Other Pakatan leaders present at the press conference were Tony Pua (DAP-Petaling Jaya Selatan), Hatta Ramli (PAS- Kuala Krai), M Gobalakrishnan (PKR-Padang Serai) and S Manikavasagam (PKR-Kapar).
The Star has more comments from the Pakatan folks:
PAS secretary-general and Tumpat MP Datuk Kamaruddin Jaffar said there are many other active organisations that are not registered with the Registrar of Societies (ROS), adding that the action seems to be a prelude to a crackdown on civil society.
“We are worried that this action to restrict civil rights will only anger the Indian community and add to more racial tension,” he told reporters at a press conference at the Parliament lobby here on Thursday. Kamaruddin urged the Government on behalf of the coalition to stop the crackdown on civil movements, release all Internal Security Act (ISA) detainees as well as abolish the Act.
DAP national publicity chief and Petaling Jaya Utara MP Tony Pua questioned how the Government would be able to identify who were members of Hindraf.
“Would it mean I am a Hindraf supporter or linked to Hindraf just because I wear a shirt with the words Hindraf?” Pua asked, adding that it was completely possible for those currently aligned with Hindraf to form a new group with a different name immediately.
Pua said there are so many groups such as pro-ISA groups holding demonstrations. He asked why the Government has not taken action against them.
PKR vice-president and Subang MP R. Sivarasa said that the issue then was not whether the an organisation was registered or not but to deal with the situation properly if it is serious enough.
PKR information chief and Batu MP Tian Chua said the banning could also lead to arrests of Indian activists who could be classified as Hindraf supporters.
And finally, and interesting analysis in Malaysiakini:
The banning of the Hindu Rights Action Force (Hindraf) does not come as a surprise.
The signs had been clear for all to see since the movement’s supporters attended the annual Hari Raya Aidilfitri ‘open house’ hosted by the prime minister and other Muslim cabinet ministers.
The orange-clad ‘gate-crashers’ were variously described as having been rude and behaving inappropriately, thereby ‘insulting the sensitivities of Muslims’ on a key religious holiday.
Four of the ‘ring-leaders’ were hauled up by the police for questioning. This was swiftly followed by calls for the movement to be banned and the response was prompt - the ban took effect yesterday.
Home Minister Syed Hamid Albar said it was because “Hindraf had (been) and was being used for unlawful purposes and posed a threat to public order and morality”.
However many supporters and leaders dispute this reasoning and blame the government for once again undermining the sensitivities of the Indian Malaysia community.
“Don’t forget, Hindraf came into being as a result of the government’s failure to address issues (affecting) the community,” said V Murugan, one of many self-claimed Hindraf activists.
Many supporters, including lawyers, argue that the ban is pointless.
“What can the government achieve with the ban? Hindraf activities will go on but of course the police now have a blank cheque to crack down on gatherings,” said Negri Sembilan-based activist Harold Gomez, who has followed Hindraf developments from the start.
So what does the ban mean to a movement that was not registered in the first place?
Lawyers state the obvious - that a banned group will not be able to do things that a registered organisation is permitted to do.
It means no meetings, events, collection of funds or membership drive. It also means no avenue to express opinions and, perhaps more importantly, a perceived loss of legitimacy to represent the community.
“The movement will now be driven underground. And this will make Hindraf more successful. Underground gatherings have traditionally been more successful,” observes a Hindraf leader who wishes to remain anonymous.
“There will be no leadership crisis. There will be no request for public accountability. Monies can be collected with no explanation given on how it is spent.”
His last point is telling given that, just before the ban, Hindraf was seen as slowly drifting towards irrelevance.
Many had complained that the movement has lacked leadership and direction, especially with the arrest of five leaders under the Internal Security Act last December.
Chairperson P Waythamoorthy’s decision to operate out of London has not helped Hindraf to carry on with its aims. His reliance on previously unknown coordinators to run the show here has not produced results either.
Thus, after reaching an impressive height of popularity following the Nov 25 rally last year, Hindraf has failed to live up to the expectations of many members of the community.
The biggest complaint is that it has failed to take up core issues and has spent time and resources in seeking the release of the Hindraf 5.
Infighting among original founder-members and supporters has not helped. This has been compounded by complaints that no proper accounting is being done for donations received from the public.
“All this was slowly killing off the impact of Hindraf. It had been the match which sparked awareness among Indians but failed to sustain the (fire),” said M Manimaran, a follower who was attracted to Hindraf after it raised issues relating to a spate of temple demolitions last year.
The ban, therefore, could not have come at a more timely point in Hindraf’s existence - it now has a reason to revive itself.
“The government, by banning Hindraf, is only lending more credibility to the organisation and its aspirations,” says observer M Selvaraja.
By outlawing Hindraf, he says, the government is telling Indians that it is not interested in addressing their welfare.
“The ban will only strengthen the movement, which is likely to emerge in some other form,” says political commentator S Nagarajan.
“It will also help to weed out opportunistic elements who are there for short-term gains and enable a core genuine leadership to chart its course for the betterment of the community.”
However the question remains if the community is prepared to openly back an illegal outfit.
For Gomez, the community’s reaction could come in the form of clear defiance of the government decision.
“Overt backing may reduce, but anger will grow and could be difficult to suppress,” he says.
Public anger is already palpable in the community. Selvaraja points out that the government has seemingly refused to learn from the past and has chosen to remain high-handed in dealing with the situation.
Similarly K Geetha, a participant of the Nov 25 rally, says the ban shows that the government has no regard for the community’s plight or respect for the movement’s attempts to redress these.
It continues to punish the community for adding to BN’s losses in the March general election, she adds.
For human rights commissioner and social activist Denison Jayasooria, the question is how the government intends to implement the ban.
“It’s a pity. The ban gives wrong signals. They government should address the grievances raised by Hindraf. The ban could be counter-productive,” he cautions.
A Hindraf leader agrees that the ban has given “power” to a movement which was apparently lost for solutions.
Veteran lawyer DP Vijandran says the movement can regroup “under other provisional society or other legal formats”.
Still, the Hindraf leaders must be aware that plans are underway - ostensibly with the blessings of MIC - for a ‘new’ Hindraf to be registered and to represent the community as a fire-fighter at the grassroots.
It is learnt that this new movement will be helmed by some original founder-members of Hindraf who no longer agree with the direction taken by current coordinators.
It is further learnt that this group has met with Prime Minister Abdullah Ahmad Badawi and MIC president S Samy Vellu (left) over this project.
Officially, MIC has no comment on the new grouping or the banning of Hindraf. Unofficially party leaders are quite happy as the ban allows MIC and its affiliated movements, including the ‘new’ Hindraf, to become the community’s representatives again - regardless of what the community itself thinks.
The sentiments are succinctly summed up by V Velupillay, 80, a sundry-shop owner in Sentul.
“The ban on Hindraf may well be a good thing for the community. After all, every Indian in this country is now aware of his rights. He is not afraid to ask questions. And he knows that he can force changes.
“Hindraf has given him that awareness, (and we say) thanks to them. But it is time for (the Indian Malaysian) to continue the fight with other members of the community and not rely on any political party or movement.”
Nagarajan agreed, saying that the government cannot ban the spirit of the people.
Few interesting things in the analysis - while others lament the ban, here it is stated that the ban may in fact benefit HINDRAF. Secondly, the role of MIC in the future of HINDRAF. Third, HINDRAF may have outlived its purpose. Thus its time for a new agent of change to be born.
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