Orang Asli wants justice

/* September 15th, 2008 by poobalan | View blog reactions 3 comments »
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Their plans for a march to the palace was cancelled following advice from the police, but the Orang Asli group have some serious grouses that needs attention.

The march organised by Jaringan Orang Asal SeMalaysia (Indigenous Peoples Network of Malaysia) to the palace this morning was called off following ‘advice’ from the police.

The group of more than 100 was unable to start their march from the Central Market Annexe at 10.15am when the police stopped them.

Suaram’s S Arutchelvan and Orang Asli activist Colin Nicholas had an argument with the police team led by ASP Sydney Clyde Jeremiah of the Dang Wangi police district.

The organisers claimed they had permission from the police for today’s event two weeks ago and were unhappy that they were prevented from carrying it out this morning.

However, ASP Sydney advised them to disperse failing which the police would have no choice but to arrest those taking part in the march.

The organisers then decided to call it off and held a press conference at 10.45am instead to make public their demands and recommendations contained in a memorandum, meant to be submitted to the palace.

Colin told the press conference that the march was never granted a permit but they received verbal “permission and approval” from the Dang Wangi police.

Their written application was originally rejected but when they appealed for permission, it was given verbally on the understanding that there would be no political sentiments involved in the event.

When asked if the police gave any reason to stop the march, Colin replied: “No, but he (ASP Sydney) said the march has to be stopped because of latest political development in the country.”

Yesterday, blogger Raja Petra Kamaruddin, Sin Chew Daily reporter Tan Hoon Cheng and Seputeh MP Teresa Kok were detained under the Internal Security Act.

The march this morning was organised to submit a memorandum to the king seeking recognition of the rights of indigenous groups as espoused in the United Nations’ Declaration on the Rights of Indigenous Peoples.

Similar to Hindraf, they also have their memorandum:

Despite calling off a march to the King’s palace to submit a memorandum, our spirits are not broken and we will continue to voice our disappointment towards the government, the Jaringan Orang Asal SeMalaysia (Indigenous Peoples Network of Malaysia) said today.

In the memorandum, the network had protested the non-recognition of their customary lands, forced resettlement, non-recognition of cultural rights, unfair policies of assimilation and integration, and outright disregard for judicial decisions.

The march was planned in conjunction with the first anniversary of United Nations’ Declaration on the Rights of Indigenous Peoples. In the memorandum, the group highlighted several violations including Orang Asal rights as the land-owners.

“The federal and state governments have acted maliciously against the Orang Asal by forcibly taking our lands, territories and resources without our free, prior consent,” executive director of Borneo Resources Institute, Mark Bujang, told a press conference following the cancellation of the march this morning from police ‘advice’.

Reading out the memorandum, Mark said in Selangor alone, about 7,000 hectares of Orang Asal reserves were degazetted without their knowledge. Neither were they informed when, where and how the areas were taken from them.

“In Sabah and Sarawak, an increasing number of communities are now finding out the hard way that their native customary lands have been given to oil palm and industrial tree plantation companies or leased to logging companies – again without their prior consent,” he added.

Furthermore, the Orang Asal have been subjected to force for involuntary resettlements because of government’s non-recognition of their native titles.

Mark cited as an example the forced resettlement of Chewong-Orang Asli community in the Kelau Dam project in Pahang where the indigenous people were intentionally misrepresented by the agents of the government and forced to resettle.

“To make matters worse, the indigenous community concerned need not be resettled as their village would not have been affected by the projects,” Mark explained.
Among their demands, the Orang Asal have requested that customary land be returned and appropriate legal processes be taken for the restitution of the land obtained.

“The government must immediately halt the legal process to gazette land which indiscriminately acquire the indigenous customary lands,” said Mark.

He added the courts should prioritise cases involving customary land dispute and urged the government to provide legal assistance for their cases.

According to findings in the memorandum, the Orang Asal consist of more than 80 ethno-linguistic groups, each with its own culture, language and territory, totalling up to four million or 15 per cent of national population.

“In the context of Malaysia, however, no law or policy was found that mentions the right to self-determination for indigenous peoples, let alone, accord us that right,” said Mark.

According to him, the Orang Asal have suffered from injustices by previous regimes and governments since the formation of the government of Malaysia.

“Therefore, the government must apologise for all these injustices and prejudices that have happened throughout the history,” he stressed.

Last nail in the coffin with added standup comedian? Part 1

/* September 15th, 2008 by poobalan | View blog reactions 2 comments »
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I guess last Saturday’s events surprised majority of the country. It actually started earlier, when RPK was arrested (detained?) under ISA. I guess it was not so shocking as his controversial writings damaged many politicians’ credibility and ridiculed the Malays and Islam (as proclaimed by some quarters). The seismic effect came when Tan Hoon Cheng, a 33-year old USM Mass Communication graduate with 9-years experience with Sin Chew was arrested under the same ISA for “her own protection”. This most stupid comment was made by no less than our own Home Minister Syed Hamid Albar. I’m ashamed and sad for our country that such people are voted into position and made into Ministers. I think he, of all people, deserves the ISA for bring shame to our country and ridiculing the intelligence of the rakyat. We don’t want rotten comedians to be our Ministers.

He attempted to provide some resemblance of excuse (or truth):

Home Minister Syed Hamid Albar has implied that Sin Chew Daily reporter Tan Hoon Cheng was also to be blamed for the public furore over the ‘Chinese squatter’ remark.

“The whole thing was started by her, (so) it was best that we talked to her,” Syed Hamid said in reply to a question during a press conference at the federal police headquarters in Bukit Aman today.Asked to elaborate, Syed Hamid said the ripple effects from Tan’s article had caused “the polemic and fear” thus warranting investigations by the police.

“That information is from her and it was published. (Since) it has been published, it is best that we get to the bottom of it by getting the information from her.

On why Tan was detained under the Internal Security Act and not Ahmad, Syed Hamid said that police investigations are on-going.

“I don’t think we treat politicians differently. We have taken action. That politician has been suspended three years by the party. He lose all his position. At the same time, there is a (police) report of sedition (against Ahmad),” he said.

Asked why the police had to invoke the ISA on Tan instead of just calling her in to assist with their investigations, Syed Hamid said that the decision was the prerogative of the police.

“When the police feel it is best to bring the person in under the ISA, (and) they will do so,” he said.

The minister also said that Tan was detained because of alleged threats on her physical safety.

According to Fong Chan On, former MP and current MCA Vice President:

MCA vice-president Datuk Seri Dr Fong Chan Onn lashed out at Syed Hamid’s justification, in saying that Tan’s life was under threat. “It is unacceptable and was a feeble attempt to justify the use of the ISA on Tan,” he said.

Fong, the Alor Gajah member of parliament, said Syed Hamid also contradicted himself when he said he did not know about the move to detain Tan.

“As the home minister, he should be responsible for any action taken by the police, especially when it involves an issue of national security.

“As a senior minister, Syed Hamid must be familiar with these procedures, which should be referred to the prime minister for his advice.

The Minister’s interview, which was aired in news reports on TV, was just plain pathetic. I think he should be removed before he causes more damage to our country’s image and become a laughing stock.

Excerpts of his press conference:

Q: Is Ahmad Ismail above the law?
A: He has been punished so far as the party as concerned. At the same time there is a report against Ahmad Ismail and we are investigating it. I don’t think we treat politicians differently. We have taken action. That politician has been suspended three years by the party. He lose all his position. At the same time there is a report of sedition.

Why arrest the reporter when you can call her up for questioning?

Whatever action that we take, there will be questions asked. The whole thing was started by her, it is best that we talk to her. If she is a threat, she would be brought in under Section 73 for 60 days. She would be held. When we have questioned her and we are satisfied with her answers, we just release her. I don’t think we are being unfair nor have we mistreated her.

What do you mean by ‘she started the whole thing’?

If you are going to analyse (what I say), I’d be appearing before a defence counsel. Let me say that the (news) report was made by her. Therefore just now when I introduced the subject, I said that we don’t want hearsay information. That information is from her and it was published. (Since) it was published, it is best that we get to the bottom of it by getting the information from her.
In the whole context, it was the overall incident and the subsequent follow up debates on the matter that started the polemic and created fear (among the public). I think we had acted professionally and after one day we had released her. I think that is a very good cause of action.

Why couldn’t the police just ask her to come in for questioning?

When the police feel it is best to bring the person in under the ISA, they will do so. The most important thing is not to exercise unfairness. When they find what they wanted and realise that she is not a security threat and she is not disturbing public order, they release her immediately.
That is why it is not an exercise on the part of the minister to hold the person under Section 8 which is two years (detention) straight away. The police feel that they should handle it and avoid any misunderstanding.

Do you as a minister feel that the ISA arrests were justified?

I’m a minister and politician. If I start to interfere, people will say I have a political motive. I cannot interfere with the police.

Would there be more arrests? People are saying that this is a mini-Operasi Lalang.

Really? Let me know if there are more (arrests). You shouldn’t ask me. We have done the arrests and so far there is no other arrests.

Is this part of a crackdown to stop Anwar Ibrahim from taking power?

If you look at the whole thing, there is no logic at all for it (ISA arrests) to be related to Sept 16. Sept 16 is a political move. They (PKR) have sent people to Taiwan. If they are successful, they can replace the government, then go ahead. It has nothing to do with the arrests which has to do with public order.
So which is which? Arrested for own protection or is it actually criminal intimidation? Now, why wasn’t Saiful Bahari, the alleged sodomy victim, arrested under ISA Section 73 or whatever for his own protection?

A small note: Tan is an award-winning reporter, with excellent command of English and BM who reported exactly what she heard Ahmad Ismail say. The Sin Chew Daily clarified that the total paragraph was just 108-words and no commentary were added.

For me, the arrest of Tan reveals the revenge plot. A political party were humiliated since Deputy Prime Minister Najib had to publicly apologise and their own member, Ahmad Ismail was forced to be suspended. Having lost face, its time to show who’s the boss to Gerakan and MCA. Unfortunately, Tan’s arrest made Gerakan, MCA and DAP members group together to protest. This goes on to show that the Chinese community are quiet united at the grassroots levels. The top leaders may have to stand by their principles, but the community will dump these parties at a snap of the fingers.

With the arrest, MCA and Gerakan are caught with their pants down. Ong Ka Chuan begs that Cabinet ministers are consulted before any detention orders are made. But, if follow Syed Hamid, the police need to not ask anyone under the section 73(1). So, Ong Ka Chuan must be careful in case he is next on the list.

The arrest of Tan showed unprecedented condemnation from various quarters – ordinary citizens, Bar Council, journalists groups, religious groups, political parties, civil rights groups, etc. Even UMNO’s on de-facto Law Minister condemned it, willing to take risk to be removed from his cabinet post or resign it asked to do so. In fact The Star reported of rumors that Zaid Ibrahim had tendered his resignation at 2pm today!

MCCBCHST also condemned the arrests and appealed for their released. A church even held prayers for the other detainee – Teresa Kok.

If you read Tan’s writing of her ordeal, it doesn’t sound like someone being protected. More funnily (well, what can you expect from comedian minister?) now that she’s released, who is going to guarantee her safety? If indeed her life was threatened, isn’t it logical that she be protected for more than just 18 hours? Have the individual(s) who threatened her or incited others to harm her been arrested?

The response from the public is immediate. A candle light vigil in Penang attracted 500 people in a short notice. Another one in KL was disperse within 15 minutes by the police. If a survey is taken now, I guess Prime Minister’s popularity will be at a new record-breaking low. So far, not even a single person I’ve met and talked about this have agreed with the action by the police.

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Malaysiakini Interview with ISA detainee Tan Hoon Cheng

/* September 15th, 2008 by poobalan | View blog reactions 6 comments »
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Malaysiakini Interview with record breaking ISA detainee (detained for 18 hours only). Note that my Internet access is still unavailable for most of the time, so there’ll be less blogging this week. Hope to have fixed by next week. Thanks to you readers who were concerned about me.

‘My 18 hours under the ISA’
Tan Hoon Cheng | Sep 15, 08 12:33pm

first person

MCPX

On Sept 12 about 8.30pm, I was at home in Bukit Mertajam in Penang. While enjoying my yew char koay (fried dough stick), I was worrying about the show-cause letter issued to Sin Chew Daily, and anxious about the days ahead for my newspaper.

Suddenly, a group of plainclothes police officers appeared at my front gate. The person who started to identify the group and the purpose of this visit was a woman officer. She was also the only one in uniform.

Speaking from the other side of the gate, she told me that I had to follow them to the police station. I replied that unless they had a warrant of arrest, I would not open the gate. At the same time, I rang my company’s legal adviser and my superior, seeking their advice.

Later, the female officer told me that they are arresting me under Internal Security Act, therefore a warrant is not required. On hearing that, I was immediately prepared for the worst.

I had to act calm, comforting my parents and reassuring them that my colleagues would be waiting for me at the police station to render assistance. When I was taken away, my parents reacted strongly, asking the police to accord me proper treatment.

I was taken to the Seberang Perai Tengah police district office where I was placed in a chilly room while waiting for the police to begin their paperwork. I was accompanied by a female officer who seemed to be trembling as a result of the low room temperature as well.

To break the silence, I initiated a conversation. She told me, “You seem to be very calm.”

I told her: “I am arrested under the ISA. Even though I am scared, I have to face this reality. But I am worried about my parents, friends and relatives, they must be very worried about me.”

To be frank, I was very cool-headed. I believed that there must be a lot of people out there supporting me, giving me the strength that I need, so I must stay strong, to be with these people who are supporting me.

The police recorded all my personal belongings, which were later taken from me. After that, I was considered ready to be sent to the Police Contingent Headquarters in Penang.

When I was taken out of the police station, I realised that a lot of my colleagues in the media, together with representatives from different parties and groups were already waiting outside to show support. Seeing this, I was deeply touched, I could no longer hold back my tears.

When the police car arrived at the station entrance, my superior and Northern Region Manager Puah Eu Peng tried to stop the car with his body, to slow it down. He knocked on the window, to make sure that I was in the car and gestured to show me his support.

I instantly wiped away my tears. I realised that a lot of people (were) with me (and that) I must be with them as well.

After taking my thumb-print, I was given dinner and spent my night in remand. It was not to my knowledge that my colleagues in the profession and people from different groups and parties were there to show their support, right outside that station.

I requested the female officer to keep the lights on. She told me not to worry, she would not switch off the lights. The police also informed me that I would meet my parents the next day at eight.

I spent a very long time, thinking of everything that I would have to tell my parents. I had lost touch with the outside world (and) this would be my only opportunity, I must cherish it, to clearly explain everything to my parents.

After clearing my mind and organising my thoughts, I tried to sleep on the wooden bed with the company of the mosquitoes and the noise of dripping water. I had no idea what tomorrow held for me, but I knew I had to be in perfect condition to handle everything.

I have never suffered from insomnia and this very night, I finally experienced it. Deep down in my heart, I know that those who care about me would also be experiencing the same. My heart wrenched thinking of that.

‘Continue being brave’

At 6am, when I was about to wash up, the female officer passed me clothing brought by my parents. I was surprised; everything was new, the toiletries, t-shirts, shorts and underwear.

I later discovered that the ‘parents’ that the police officer was referring to were a bunch of my colleagues. While waiting outside the police contingent headquarters, they prepared all these for me.

They were uncertain when I would be released, but they told themselves that they must get these items ready in the briefest time possible.

I met my parents and bade them goodbye. The police informed me that they would take me to the police headquarters in Bukit Aman, Kuala Lumpur. My heart sank, I told myself this was the beginning of it, I must brace myself for everything.

After a few turns of event, I was eventually taken to the Perak police headquarters in Ipoh. After a brief interrogation session, I was taken back to the Penang headquarters.

It was here, where I was interrogated further. I told myself to keep my mind clear, to tell them the truth, and respond appropriately.

After the interrogation session, I was taken to see another higher-ranking officer who told me: “We can both go home now!”

Both of us turned to the clock on the wall, the time was 2.25pm. During my 18 hours under the ISA. I had gone through a lot.

After being released, I received a lot of messages, telephone calls and bouquets. My colleagues in the press, representatives of political parties, society leaders, schoolmates, classmates, friends and relatives have visited me at home – not forgetting the readers and the public who called up or visited Sin Chew Daily’s office in Penang and the head office in Petaling Jaya.

Calls, messages, good wishes and visits from readers and friends. For all of these, I have to express my deepest gratitude.

During those 18 hours filled with a lot of uncertainties, I felt that some unknown strength supported me throughout. I knew it must be from you all, those whom I know and (those whom I) have not met!

I realise that our journey is still filled with challenges and obstacles, so we have to continue the same righteous spirit and courage that we have all shown this time. Our society needs this spirit, to build a better tomorrow.

I have finally been freed, but I hope (Seputeh MP) Teresa Kok and (blogger) Raja Petra Kamaruddin and all ISA detainees will be released as soon as possible.

If the authorities think that they have broken the law, they should taken to court for a transparent and fair trial.


This article, edited for language, is reproduced with permission from Sin Chew Daily.

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Raja Petra detained under ISA again

/* September 12th, 2008 by poobalan | View blog reactions 3 comments »
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Only Malaysiakini had reported this news so far. Others haven’t picked it up yet.

Controversial blogger Raja Petra Kamaruddin has been detained under the Internal Security Act, said his wife Marina Lee Abdullah.According to her, Raja Petra was arrested when 10 police personnel who arrived at his home in Sungai Buloh at 1.10pm.
When Malaysiakini contacted her at 1.25pm, the police personnel were still there.
Marina said that Raja Petra has yet to appoint a lawyer to handle the matter.
This is the second time Raja Petra has been detained under ISA, which allows detention without trial.
His first arrest under the tough security law was in 2001, where he detained as part of a crackdown against reformasi activists in which nine others were also held.
Raja Petra was released about two months later. However, six of the reformasi leaders were eventually sent to the Kamunting Detention Centre in Taiping where they were detained for two years

JAG condemns Kedah restriction on female artistes

/* September 12th, 2008 by poobalan | View blog reactions 9 comments »
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I’m always worried when read about PAS-led states. They are the weakest link in the Pakatan Rakyat since they are theological-based while the other two are secular. At least in BN, its all racial or secular based.

Now, the Kedah government announces that women artistes can only perform in front of female audience but there are restrictions for open space performance. Now, if this was limited to Islamic functions or those involving Muslims, I won’t be bothered as its within their religious aspect. But this rule cannot be extended to other races who have their own beliefs. Why should one follow rules based on other religion, something which they don’t believe? Surely comical to say the least.

JAG (Joint Action Group for Gender Equality) are rightly angry with this and claim that is a rule that violates the Constitution since its gender discrimination.

It violates women’s right to work and express themselves and denies the significant contributions of wo­­men in arts and entertainment and at­­tempts to silence women’s voices.

“The involvement of women in the entertainment profession is not alien to Malaysian culture.

Not to mention it attempts to stop one from earning a living, denies opportunity to be in a profession that one likes, and also attempts to stiffle development of the arts and entertainment industry.

Imagine THR Raaga concert with only the guys, or Jaclyn Victor banned from shows in Kedah.

Kedah government better clarify their rules and perhaps discuss with Pakatan Rakyat top guns first before going around making rules that infringe on others’ rights.

I think PAS will be the downfall of the Pakatan Rakyat. Not BN, not Anwar Ibrahim, not the Indian community, and certainly not Mahathir.