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US panel expresses concern over discrimination

December 8th, 2007
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US panel concerned over temple demolitions
http://www5.malaysiakini.com/news/75763
Dec 7, 07 11:06am

A US Congress-appointed commission has expressed concern over the destruction of Hindu temples and other forms of alleged discrimination faced by religious minorities in Malaysia.

The US Commission on International Religious Freedom urged the administration of President George W Bush to raise the matter with Kuala Lumpur and "insist that immediate measures be taken to protect sacred sites and prevent further destruction".

It expressed concern over recent Malaysian government actions against the Indian Hindu minority "curtailing their human rights, including the freedom of thought, conscience, and religion".

"Continued discrimination against members of the ethnic Indian Hindu minority, including the destruction of sacred places and images, only fuels religious unrest and intolerance," said commission chairperson Michael Cromartie.

At least 30,000 Indians protested on the streets of Kuala Lumpur on Nov 25 to highlight racial and religious discrimination by the Muslim Malay-dominated government of Prime Minister Abdullah Ahmad Badawi.

The Hindu Rights Action Force, which organised the rally, has claimed that, on average, one temple is demolished every three weeks.

Police dispersed the crowd with water cannon and tear gas, and witnesses said some demonstrators were beaten with batons.

The ISA threat

Abdullah has since accused Indian activists of stirring up racial conflict and threatened to use a draconian security law to detain protestors indefinitely without trial.

The US commission, a non-partisan panel appointed by the US president and leaders of Congress, noted that in late October, Malaysian authorities demolished a 100-year-old temple in Selangor.

The panel asked the Bush administration to get an assurance from the Malaysian authorities that no charges would be filed against the organiser of the demonstrations.

"Malaysia should ensure that internationally protected rights to peaceful assembly, expression, and freedom of thought, conscience and religion are protected," it said.

The commission also noted that Kuala Lumpur's Syariah courts have expanded their jurisdiction in recent years, threatening secular civil courts and the country's commitment to religious pluralism.

"[…] the Syariah courts have weighed in on a number of high-profile cases involving conversion, marriage, divorce, child custody, and burial rights of non-Muslims," it added.

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Hindraf should get its language right

December 8th, 2007
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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.

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HINDRAF linked with LTTE and RSS

December 8th, 2007
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Hmmm…how stupid of the hindraf organisers to announce that they want to meet terrorists. for sure cannot la. want to meet foreign groups/leaders, also condemned. Want to meet PM, also condemned. Who else is left to meet? but they are asked to discuss and channel their problems. to who? i am more confused 🙂

Link is with Tamil Tigers and India’s RSS, says Nazri

source

KUALA KANGSAR: The Government has identified the overseas groups linked to Hindu Rights Action Force (Hindraf). Minister in the Prime Minister’s Department Datuk Seri Mohamed Nazri Aziz said the groups are Sri Lanka’s Liberation Tigers of Tamil Eelam (LTTE) and the RSS, a militant organisation in India. Speaking to reporters yesterday after presenting gifts to UPSR excellent students at Kati, near here, Mohamed Nazri said this was from statements of Hindraf leaders who went overseas to garner support that they would meet LTTE leaders. “As we know, the LTTE has been declared a terrorist group by the United Nations and the United States. 

“If it is true that Hindraf leaders have links with them, Hindraf is also a terrorist group,” he said yesterday, adding that the Government was closely monitoring the activities of Hindraf leaders. Inspector-General of Police Tan Sri Musa Hassan was reported to have said yesterday that there were signs lately that Hindraf was trying to garner support from terrorist groups. 

He said Hindraf had also set up a fund by misleading the public into believing that the money was to finance its activities. 

On accusations by Ipoh Barat MP M. Kulasegaran that the A-G was pressuring the judiciary by leading the prosecution team charging Hindraf supporters, Mohamed Nazri said being the country’s top lawyer, the A-G could act for the Government in any court in the country. “The A-G’s job is to prosecute. The fact that the A-G is involved shows the seriousness of the matter as it can affect the country’s peace,” he added. 

On calls by the Pertubuhan Pembela Islam (Pembela) that Hindraf be banned, Mohamed Nazri said the Government would do so if the group was linked with the LTTE. In Shah Alam, Attorney-General Tan Sri Abdul Gani Patil said detailed investigations would be carried out to determine the alleged link between Hindu Rights Action Force and the Liberation Tigers of Tamil Elam. 

He told reporters that a police report had been lodged that Hindraf members were going out to contact the LTTE. “These are serious allegations and we believe that investigations have to be done,” added Abdul Gani. In Penang, DAP national chairman Karpal Singh said the leaders of the Hindu Rights Action Force should be given the opportunity to explain the reasons behind the demonstration. He added that the presence of thousands of Indians at the demonstration was cause for concern and reason enough to assume that the problems of the community ought to be addressed.

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sultan selangor on hindraf, bersih and datukships

December 8th, 2007
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Sultan of Selangor unhappy at Hindraf's action

source

By WONG CHUN WAI

SHAH ALAM: The Sultan of Selangor has voiced his unhappiness at the actions of the Hindu Rights Action Force (Hindraf), which he said has incited hatred and damaged the country’s image by taking its campaign overseas. 

»I am disappointed with what Hindraf has done. I am upset. There are better ways of doing things« SULTAN SHARAFUDDIN IDRIS SHAH

Sultan Sharafuddin Idris Shah said he was “upset and angry” that Hindraf had proceeded with its illegal protest in defiance of the police and causing disruption to many in Kuala Lumpur. 

He was also unhappy at the action of the Hindraf supporters in carrying banners and pictures of Queen Elizabeth II during the recent protests, which drew thousands of people. 

“Why were they displaying her pictures and asking her to intervene in Malaysia? They can always bring their case to the Government and the Yang di-Pertuan Agong,” he said in an interview at the Istana Mastika here. 

The Tuanku also hit out at Hindraf leaders for claiming that “ethnic cleansing” occurred in Malaysia, saying that it was an outrageous claim, which had damaged Malaysia’s image. 

“I am disappointed with what Hindraf has done. I am upset. There are better ways of doing things. To stage a protest and fight with the police, I cannot accept. This is not the way to do things in Malaysia,” he said. 

The Sultan, who is celebrating his 62nd birthday on Tuesday, urged his subjects to be rational and moderate, saying that racial tolerance has always been a trademark of Malaysia. 

He acknowledged that there were problems affecting Malaysians of all races and not just one particular ethnic group, adding that people must learn from the country’s history. 

“Not all Indians are Hindraf supporters. I hope they will speak up against such illegal protests and dissociate themselves from Hindraf,” he said. 

The Tuanku also hit out at the organisers of the recent Bersih protest, which drew thousands of demonstrators, saying that he could not accept illegal gatherings and that the law must be respected. 

Bersih is a loose coalition of opposition parties including PAS, DAP and Parti Keadilan Rakyat and non-governmental organisations, which has demanded free elections. 

The Sultan said Malaysia was not like some countries, where there were no democratic avenues, including elections, and that it was wrong for any Malaysian to emulate the protests there. 

On the awards for his birthday, he said that no more than 40 Datukships would be given each year, except during special occasions, adding that “if too many are given out, it would lose its prestige”. 

He said the state government would also launch a website on Thursday to enable the public to verify the awards and check on the background of Selangor Datuks. 

The Sultan said he believed that the titles from the state were valuable and he did not want anyone to claim that their Datukships were from Selangor if they were not. 

“The names would be listed in stages. We will start off with recipients between 2000 and 2007 and then we will work on those between 1999 and 1960,” he said, adding that it would take time but he was determined to implement it.

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hindraf lobby moves to london

December 8th, 2007
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Hindraf lobby moves from Chennai to London
http://www5.malaysiakini.com/news/75814
K Kabilan | Dec 8, 07 9:57am

Hindu Rights Action Force chairperson P Waythamoorthy has been making news in India in the past few weeks.

He has been visiting top political leaders not just in Tamil Nadu but also those in New Delhi.

He has been invited to give talks at locally arranged forums and symposiums and he has been continuously haunted by the Indian media.

Just as his organisation Hindraf is coming under severe pressure from the government here for playing up racial sentiments, he is on a lobby trip to India to seek support to ensure the Indian community here are not “continued to be marginalised”.

“I have met up with the Tami Nadu chief minister M Karunanidhi. I have also held discussions with other leaders from the state. I explained to them why Hindraf was fighting for the rights of the community,” he told Malaysiakini when contacted in Chennai yesterday.

Waythamoorthy, a 41-year-old lawyer, added that he had also had meetings with national-level leaders in India to highlight the problems of the community in Malaysia.

“We want them to be aware of our situation in Malaysia. And we want them to tell our government that the Indians here should be treated equally,” he said.

Terrorist links

Waythamoorthy said he was happy with the response he has received in India.

“The media in India has been behind my back all the time. They all want to know why we (Hindraf) are doing this. Why the Indian community in Malaysia is sidelined?” he said.

He added that there had been an increased interest in Hindraf ever since Inspector General of Police Musa Hassan announced on Thursday that the movement had links with terrorists group.

“I am having a tough time trying to dispel the IGP’s baseless accusation. I am trying to tell them that our struggle for the Indian community in Malaysia and that we don’t need any terrorist groups to help us to achieve that,” added Waythamoorthy.

He has been in India since the end of November to “lobby for support for Hindraf’s struggle in Malaysia”.

“As I was reported in Indian newspapers today, maybe the Indian government can pressure our government to look into providing equality for the Indian community. Perhaps even push for some economic sanctions so that we are stopped for being". marginalised.” 

Off to London next

Waythamoorthy added that his next stop in his international lobby was London – he was to fly off to London just hours after talking to Malaysiakini yesterday.

“I hope to meet some government officials as well as some non-government organisations to garner support for our cause in Malaysia,” he said, adding that there were also plans afoot to travel to Geneva to the visit the United Nation’s Centre for Human Rights.

“Some NGOs in London have also made plans for talks and forums for me to explain the situation in Malaysia. I hope to take this opportunity to explain what Hindraf has been doing and wipe away the slur put on us by the Malaysian government.”

Waythamoorthy also said that he planned to seek medical treatment for a heart ailment in London.

“It has not been easy. My health is not too good but I have to do this. I see it as my struggle for the community.

‘While my fellow Hindraf brothers face arrest and persecution back home, I can only do what I can to garner support for our cause,” he said. 

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