| Ethnic cleansing: Hindraf should get its language right http://www5.malaysiakini.com/letters/75796 |
| Josef Roy Benedict | Dec 7, 07 5:30pm |
|
The debate and the government’s harsh response to the Hindraf rally continues. In my opinion, it is important for Hindraf to get its language right before they embark on a global campaign to highlight their concerns about the discriminatory treatment of Indians in Malaysia. For example, their memorandum calls for Malaysia to be referred to a world court and the International Criminal Court. Firstly, a world court does not exist. The closest we have to a world court is the International Court of Justice (ICJ) which is located in the Hague. It settles disputes between states in accordance with international law. Only states can bring cases before the ICJ. Individuals, groups and NGOs are excluded. Even state parties have to consent before being brought to the court. The ICJ has no special mandate to adjudicate claims involving human rights violations. It deals with the rights of individuals only to the extent that they are implicated by an interstate dispute. Secondly, the International Criminal Court (ICC) deals with issues of crimes against humanity, genocide, war crimes and crimes of aggression. It can only exercise jurisdiction if the accused is a national of a state party or if the crime was committed on the territory of the state party. Therefore, no state or even the United Nations would be able to take the case to the ICC as Malaysia has not ratified the Rome Statute and is not a state party. Thirdly, ‘ethnic cleansing’ is a strong claim to make. They need to show that there has been an attempt "to remove a people and often all traces of them from a concrete territory" or "rendering an area ethnically homogeneous by using force or intimidation to remove from a given area persons of another ethnic or religious group." I believe this would be impossible to prove and that "dramatising” the issue would not help the cause of Indians in Malaysia. If there is sincerity to bring substantive change to the situation of Indians and other marginalised groups in Malaysia, we must use a rights-based language and approach. We must show how Barisan National's policies have systematically violated the principles of non-discrimination and equality enshrined in international human rights standards. Through well-researched reports we need to show how these policies have affected a range of vulnerable and marginalised groups in Malaysia. With this research, we can then start lobbying, campaigning and mobilising people at the national level. Only then can we also go to the international community and NGOs to make a credible case for international pressure on these issues. Once again, it is crucial for Hindraf to get its language right and to use a rights-based approach. Any allegations or assertions should be backed up with credible research. Or else it will undermine all those who have supported their cause as well as make it hard to convince, not just the international community, but even Malaysians to support its cause. |
Posts Tagged ‘discrimination’
Hindraf should get its language right
December 8th, 2007
experts say BN to suffer loss in election
December 1st, 2007
Poll shows Non-bumi youth feel discriminated
November 30th, 2007| Poll: Non-bumi youth disaffected, disconnected http://www.malaysiakini.com/news/75476 |
|
|
|
|
The majority of Chinese and Indian youth in Malaysia feel they are subjected to discrimination by the government, according to poll findings released today. This comes just three days after some 30,000 Indians – the largest protest involving the community – took to the streets in Kuala Lumpur to vent their frustrations over being marginalised. The National Youth Survey 2007, conducted by independent opinion research firm Merdeka Centre, found that more than half of the Chinese (59 percent) and Indian (58 percent) respondents perceive that the government does not treat them equally.
The poll, conducted in August in cooperation with regional-based NGO the Asia Foundation, interviewed 1,508 youth aged between 21 and 35 years. "Generally the concerns were over economic opportunities in terms of getting government jobs," Merdeka Centre director Ibrahim Suffian (photo) said when asked to elaborate on the findings that he presented in Kuala Lumpur. About 50 people, mainly representatives of embassies and youth groups, attended the session, including the Asia Foundation's country representative Anthea Mulakala.
All the respondents listed the 'state of the national economy' as their top concern ahead of the general election – widely expected to be called by early next year – followed by the 'fulfillment of government promises'. The implementation of policies such as the New Economic Policy, which favours the bumiputeras in economic and job opportunities, has always been a bone of contention with non-bumiputeras. There have been frequent calls for this racial-based affirmative action policy to be abolished, but the government has consistently ignored these. Its main argument is that the bumiputeras have yet to attain the stipulated 30 percent equity ownership. Surprisingly, issues like religious freedom, ethnic equality and Islamisation ranked at the bottom of their concerns. On a more positive note, most respondents believed that only a few civil servants are corrupt – but Chinese respondents bucked the trend with their perception that the majority of civil servants are corrupt. To another question, 61 percent felt that Malaysians are free to speak their mind without fear – although this was more prevalent among the Malays. Chinese respondents disagreed. 'No time' to register On political parties, 56 percent said they want more opposition representation in Parliament where more than 92 percent of the seats are currently held by the ruling Barisan Nasional coalition. Chinese respondents topped the list of those seeking more opposition members in Parliament (64 percent), followed by Indians (63 percent) and Malays (53 percent). On the role best suited for the opposition, 62 percent said it should serve as a check and balance to the government, while 25 percent said it should work towards forming the next government. More respondents said the general election is important to them, but felt there is little that they can do to hold the government accountable at the same time.
More than half of the young voters also admitted that their choices mirror those of their parents (53 percent) and that they have registered to vote (56 percent). Of the 44 percent which have yet to register as voters, a large proportion said it was because they have "no time" to do so. Sense of vulnerability There seemed to be a sense of pessimism among the 52 percent who agreed there is little that the people can do to hold the government responsible between elections.
Still, 53 percent of the youth are unwilling to become involved in politics, although the majority of Malay respondents showed greater inclination to enter politics. (See chart below) Summing up the findings, Ibrahim said the majority of the youth are concerned about local issues such as the economy, crime and social problems, but feel vulnerable to change. "They are concerned but disconnected from the ability to change society," he said, attributing this, among others reasons, to the restrictive Universities and University Colleges Act. "They are not totally apathetic, they (just) do not have a strong sense of being an effective member of the community." Ibrahim noted that a similar trend had been detected in the same survey when it was conducted last year.
|
india PM urged to act after hindraf rally
November 28th, 2007| Act against 'sufferings' in M'sia, Indian PM told http://www.malaysiakini.com/news/75382 |
|
|
|
|
Indian Prime Minister Manmohan Singh has been urged to take immediate action concerning the state of the Indians in Malaysia. The premier’s intervention was sought by Tamil Nadu Chief Minister M Karunanidhi and other politicians in the state following the mass rally held on Nov 25 in Kuala Lumpur. newspaper, Karunanidhi wrote to Manmohan on Tuesday asking him to employ the necessary measures regarding the “sufferings and bad treatment” of Tamils in Malaysia. Karunanidhi said the people of Tamil Nadu were disturbed over the happenings in Kuala Lumpur. The daily reported that he also conveyed their concern over the treatment being meted out to the Tamils living in Malaysia for a very long period of time. On Sunday, some 30,000 Indian Malaysians took to the streets in a protest organised by the Hindu Rights Action Force (Hindraf). The rally was held to support a lawsuit by Hindraf against Britain for bringing Indians to Malaysia as indentured labourers and exploiting them for 150 years. The suit sought a declaration that the Reid Commission Report 1957 failed to incorporate the rights of the Indian community when Malaya was granted independence and this had allegedly resulted in discrimination and marginalisation to this day. Police used tear gas and chemical-laced water to break-up the rally, which also saw scores of people being arrested. 'Treated like slaves' In a news report, Vijayakant, who is the founder leader of the DMDK party, said: "The Tamils were taken there 200 years ago by the then British rulers to work in the plantation fields but the way police dispersed them by firing tear gas showed that the Malaysian government is still treating them as slaves.
He warned that ignorance by India to intervene in this issue could create a situation similar to that of Sri Lanka, which is gripped by ethnic strife. "What started as a spark, is now burning all over Sri Lanka," he said. The Nov 25 rally received widespread coverage in the Indian as well as international media. The event was reported, among others, in the UK, US, China, Taiwan, Australia and the Philippines. Prime Minister Abdullah Ahmad Badawi's warning that the government could invoke the Internal Security Act (ISA) against the protestors has also received wide media coverage. |
I will hand over says samy
November 27th, 2007Samy Vellu unperturbed by Hindraf protest
KUALA LUMPUR (Nov 27, 2007): MIC president Datuk Seri S.Samy Vellu today dismissed his community's biggest anti-government protest as an opposition ploy and denied he was out of touch with the increasingly agitated Indians.
Sunday (Nov 25)'s Hindraf (Hindu Rights Action Force) rally by more than 10,000 people, who defied water cannon and tear gas to protest racial discrimination, could pose a headache for the government ahead of early polls as Indians are traditionally seen as a vote-bank for the ruling coalition.
In an interview with Reuters, Samy, the combative head of the main ethnic Indian party and Malaysia's longest-serving minister, branded protesters as "trouble makers" and said he was not losing sleep over the bloody demonstration.
"We have fought worst battles than this during elections," the ebullient 71-year-old leader said.
"We don't worry about this. We are confident of winning the next elections handsomely," said Samy, the Works Minister and an architect by training.
"They (the protesters) are fighting to create problems. They are trouble makers," said Samy, dressed in a smart black suit and red tie, as he attended to a handful of Indians in his ministry. His luxurious Mercedes Benz was parked on the driveway.
He has been leader of the Malaysian Indian Congress (MIC) and a cabinet minister since 1979. MIC is a junior partner in Prime Minister Datuk Seri Abdullah Ahmad Badawi's ruling coalition, which is set to call general elections in the next few months.
The Barisan Nasional (BN) coalition dominates the 219-seat parliament with 199 seats.
His friends regard Samy as the "champion of Indians" but foes say he stands in the way of solving the many socio-economic problems facing Malaysia's 1.8 million Indians.
The community, which forms just 7% of Malaysia's 26 million people, is in a parlous state, said a Hindu rights group which called the protest.
It said Indians lacked educational and business opportunities, adding that a government affirmative action policy in favour of majority Malays had marginalised them.
The Indians have always struggled to air their grouses openly. The community's economic clout is a scant 1.5% of national wealth and that too is in the hands of a few top businessmen.
UNFINISHED JOB
Many blame the MIC and Samy, known to some for his authoritarian style, for not quickly solving their woes.
And Sunday's protest, which attracted Indian doctors, lawyers and other professionals as well, could be an eye-opener to the BN, politicians said.
A senior leader of the United Malays National Organisation (Umno), the bulwark of the 14-party BN coalition, said BN should study the Indian grievances and try to overcome them.
"We have to look at the real issues, what is causing this unhappiness and I think BN has to pay attention to it," he said. Samy took the criticism in his stride.
"To me, I can throw the records on the floor on what I have done. I am not a man on the streets. I am a man on the job. There's always unfinished business." But he gave no hint when he would step down.
"I have been around for 29 years. At an appropriate time I will hand over." – Reuters
"I think that even with the parameters shifting at this particular juncture, it is extremely difficult for the opposition to break the barrier of the two thirds. Period," said Bridget Welsh, a Southeast Asian expert at John Hopkins University.
But Welsh predicted Abdullah's Umno, BN's lynchpin, could lose up to 15 parliamentary seats in upcoming polls and its senior coalition partner MCA could drop about six seats.
The ethnic Indians are also discontented. At least 30,000 of them defied police warnings and held rare protests in Kuala Lumpur earlier this week against what they see as racial discrimination.
However, there was an obvious split in sentiment because 58 percent of Malay respondents had no complaints about unequal treatment, with only 37 percent disagreeing with the view. 
Asked if voting is important, 94 percent agreed that it is, and 80 percent felt their votes could make a difference in influencing government.
"Malays or Muslim bumiputeras are more likely to know who their (elected) representative or local authority is and hence, feel that there are ways to hold government responsible between elections," Ibrahim explained.
He alleged that Malaysia was "becoming a Sri Lanka" where the government "sidelined Tamils from all government departments".