Posts Tagged ‘discrimination’

Race Relations Act?

September 18th, 2008
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What is Race Relations Act? I found a similar named Act in UK, the 1976 version which was updated in 2000:

The Race Relations Act 1976 was established by the British Parliament to prevent discrimination on the grounds of race.

Items that are covered include discrimination on the grounds of race, colour, nationality, ethnic and national origin in the fields of employment, the provision of goods and services, education and public functions.

The Act also established the Commission for Racial Equality with a view to review the legislation.

The Act incorporates the earlier Race Relations Act 1965 and Race Relations Act 1968 and was later amended by the Race Relations Amendment Act 2000, notably including a statutory duty on public bodies to promote race equality, and to demonstrate that procedures to prevent race discrimination are effective.

In 2003 additional regulations made certain forms of discrimination due to religious belief illegal also.

The Act (2000) is found here.

Back in Malaysia, MCA Youth proposed the setting up of the Act on 14th September, following the arrest of Sin Che journalist Tan Hoon Cheng, but the letting off of Ahmad Ismail:

The MCA has proposed to the government to draft a race relations act to strenghten relations among multi-ethnic Malaysians.

Youth chief Datuk Liow Tiong Lai said such an act was relevant and necessary, in view of racial issues resurfacing and plaguing the nation, of late.

He said the proposed act could also reinforce efforts taken by the unity, culture, arts and heritage ministry to promote unity and solidarity among the people.

“We will propose to the ministry. Such act is needed to look into race relations, (and) how to engage a multi-racial community into postive relations and avoid discrimination.

“Some countries have in place, such an act, where you can’t discriminate or belittle other races,” he told reporters after opening The Federation of Malaysian Clans and Guild Youth Association’s annual meeting here today.

Barely 5 days after that, this is the response from Home Minister Syed Hamid (NST):

The Cabinet has agreed to enact an Act on race relations to prevent possible racial conflicts.
Home Minister Datuk Seri Syed Hamid Albar said Malaysia still had to cope with sensitive issues relating to racial problems and relationships despite having achieved its independence 51 years ago.

Syed Hamid said his ministry would be working closely with the Culture, Arts and Heritage Ministry in formulating the Act.

He was also quoted on Malaysiakini:

Responding to queries, the home minister said Shafie Apdal’s ministry will be drafting the law after consultations with various groups.

The Home Ministry is tasked with giving feedback on the penalties if the law is infringed.

On the need for the act, Syed Hamid said: “Even in the European nations, a law governing race relations is now important as they too are becoming ‘rainbow’ nations. What more for us?

“But the law is still in the early stages of drafting and it will be take some time before it is ready to be looked at.”

The minister also said that the cabinet will look at other countries’ race relation laws before deciding on Malaysia’s.

Basically, such Acts are to avoid discrimination in services, employment, public functions etc. But in Malaysia, it may also incorporate clauses to ban questions special rights of Malays, nationality of citizens, economic allocations etc.

MIYC says Education Dept not supporting them

September 15th, 2008
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MIYC have complained that Education Department are not supporting them in their programmes to reduce crime and gangsterism among youths. Not sure what Samy Vellu said about it. Maybe MIYC is not using the correct channel.

The Malaysian Indian Youth Council has claimed that the education department has not been receptive to its programme to fight crime and gangsterism among youths.“It is ironic that we want to help solve the problem of gangsterism in schools and we are not allowed to do so by the education department,” said its president A. Rajaretnam.

“The Youth and Sports Ministry and the Education Ministry must work together in fighting the problem.“If they do not find a common platform to eliminate the problem, then our society is headed for a bleak future,” Rajaretnam said before the opening of the council’s annual general meeting.

He said the council had presented a paper, A Crime Free Society of Youths to the Sports Ministry but there had been no response.“We are serious in wiping out the problem in schools, colleges and universities but unfortunately we are not given access to help,” he said, adding that whenever the council asked for funds, only a small amount would be given,

MIC president Datuk Seri S.Samy Vellu, who attended the AGM, urged youth organisations to apply to the relevant ministries armed with proposals that would help the youths in developing their skills, entrepreneurship and leadership qualities.

Orang Asli wants justice

September 15th, 2008
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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
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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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JAG condemns Kedah restriction on female artistes

September 12th, 2008
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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.