HUMAN RIGHTS WATCH LETTER TO THE PRIME MINISTER

April 27, 2009

Dato' Sri Mohd Najib Bin Haji Tun Abdul Razak
Pejabat Perdana Menteri
Blok Utama
Bangunan Perdana Putra
Pusat Pentadbiran Kerajaan Persekutuan 62502 Putrajaya
Malaysia

Re: Human Rights in Malaysia

Dear Prime Minister,

Congratulations on your April 3, 2009, appointment as Malaysia's sixth prime minister. As you know, Human Rights Watch, a nongovernmental human rights organization that monitors human rights in more than 70 countries around the world, has long raised human rights concerns in Malaysia with your predecessors.

We especially welcome your expressed "intention to uphold civil liberties" and your "regard for the fundamental rights of the people of Malaysia." To that end, we urge your government to take specific measures to bring Malaysian law, policy, and practice into line with international human rights standards.

We urge that your government promptly ratifies core international human rights treaties, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and begin the process of bringing domestic law into conformity with these international instruments.

We further urge that you and your government give priority to the issues of arbitrary and preventive detention, freedom of expression, protection of migrants, refugees, and asylum seekers, and ending impunity for security forces. In the pages that follow, we discuss these issues in detail and offer specific recommendations.

Arbitrary Detention

The state of emergency in effect in Malaysia since the 1960s has been used by previous governments to violate fundamental human rights. Under the emergency, the Malaysian government enacted emergency ordinances permitting the government to pass broad and ambiguous laws that bypass judicial processes and review and effectively permit indefinite preventive detention. The Internal Security Act (ISA) is the most notorious of such laws and violates a number of international human rights standards, including the right to be free from arbitrary detention, the right to due process and to a fair trial, the presumption of innocence, as well as rights to freedom of expression and association.

Previous governments have justified use of the ISA by referring to multi-ethnic tensions. While Human Rights Watch recognizes that multi-ethnic tensions are a legitimate concern of any government, 51 years after independence, the government should not lose sight of the fact that Malaysia has a well-developed criminal justice system fully capable of dealing with multi-ethnic tensions, threats to its security, and other ill-defined activities without recourse to the extra-judicial ISA.

The official position that detention under the ISA is preventive, acknowledges that the government cannot, or has chosen not to, prosecute detainees for alleged crimes but rather extends executive power at the expense of the judiciary.

Throughout its long history, the ISA has been used to punish and silence peaceful political opponents and government critics. It has become an unfortunate and deeply embedded feature of a Malaysian political climate that stifles free expression, association, and peaceful assembly. Recent ISA political detainees include Raja Petra Kamaruddin, founder and editor of Malaysia's most popular website;

Read More HERE

Malaysia Bull-Shit The UN Human Rights Council?

AMNESTY INTERNATIONAL
Public Statement
AI index: ASA 28/001/2009

13 February 2009

Malaysia falls short in fulfilling its promises to the UN Human Rights Council

The Malaysian government should fully implement the recommendations issued by the UN's Universal Period Review (UPR) Working Group in Geneva today, Amnesty International said.

The Working Group will adopt recommendations on Malaysia made during the country’s review by theHuman Rights Council on 11 February.

Some of the key recommendations included calls for repealing or amending the Internal Security Act (ISA) and guaranteeing freedom of expression, information and religion. Many countries also identified Malaysia’s poor record in addressing human rights abuses against refugees and migrant workers.

Amnesty International welcomed Malaysia’s engagement with the UPR process, but noted that Malaysia had fallen short of many of its commitments to the UN Human Rights Council when it applied to become a member in 2006.

In 2006, Malaysia pledged itself to “the promotion of a free media, including in cyberspace, as well as the encouragement of vibrant and active civil society”.

“Malaysia has failed to uphold these pledges to respect human rights, including its commitment to promote a free media, particularly the Internet. Bloggers have been charged under the vaguely worded provisions of the Sedition Act,” said Donna Guest, Amnesty International’s Asia-Pacific deputy director.

At least 50 people are detained indefinitely without charge or trial under the Internal Security Act. These include five leaders of the Hindu Rights Action Force (HINDRAF) who as prisoners of conscience should be released immediately and unconditionally, Amnesty International said.

Amnesty International also said that the government should speed up police reform and oversight. On 20 January, 22-year-old Kugan Ananthan died in police custody. His family and others who had seen his corpse alleged that he had been tortured to death. In December 2008 27-year-old B Prabarka claimed that police beat him, splashed boiling water on his body, and threatened to hang him.

“For Malaysia the real test of the UPR process will be whether it implements changes that have a real impact on the protection of human rights in the country.

As a member of the Human Rights Council, Malaysia should follow through on its promises and take the lead in respecting, protecting and promoting human rights in the Southeast Asian region,” Guest said.

Declining Education Standard of Malaysia

In one of the sit down beer chat with the guru "zorro" we were discussing about the deteriorating quality of education in our beloved Malaysia as we used to be one of the top producers of talent in this part of the world which is evident from our many overseas travel where we meet top executives in international organisations and corporations. Somehow we love to reminisces of the good old days where the nation is the leader of the region.

It is actually out of concern for the future, if we do not have quality education of international standard than we will no longer be able to produce the talent like we used to and as our chat went further it also brought about the proficiency on the use of english as an international medium of communication in the world of commerce where we now find it quite lacking in the young graduates from our local universities.

Now where do we stand today in terms of education standards, we used to be in the top 100 a long long time ago and sad to say today our best university is ranked no. 230 out of 500 universities being graded and that is University Malaya.

Today we have countries like Thailand, Mexico, Brazil, argentina and South Africa ranked way up above us.

The top unis in asia in 2008 are University of Tokyo ranked no.19 and 2nd is University of Kyoto ranked no.25 and 3rd is University of Hong Kong no.26 (in 2007 they were no.18).

National University of Singapore is 4th in Asia and no.30 in world ranking. Autralian National University is no.16 in world ranking.

Australia has 7 universities in the top 100, japan has 4 universities and both the small island of Hong Kong and Singapore has 2 universities in the top100. Even China has 2 unis in the top100.

The top 100 to 500 rankings of world universities go HERE.

TOP 100 UNIVERSITIES

Malaysia in Recession?

The funny thing is that you still get quite a few topics from people asking that "Is Malaysia in recession?" or "Can we avoid a recession?" or "Are we in recession yet?".

As far as i am concerned, we have since many months ago gone into an economic recession despite what the government is trying to deny otherwise, and i can never comprehend what or where is the problem by explaining the fact that we are in recession? The proclaimation of an official economic recession allows the people to be forewarned and to take the necessary steps to brace for tougher times ahead. A timely official announcement of a recession can also initiate early planning and actions to counter the impact of a slowdown in economic activity. It is only prudence and a reflection of good governance.

Look at the chart above and you will see that the GDP contraction started in the 2nd quarter of 2008 and throughout every other quarter. The global growth chart actually shows you that global growth was already slowing down way back in the middle of 2006 and that is why NBER declared the US in recession in 2007 (read further below). The signs were already written in the stars.

The world is in recession and why not Malaysia?

This denial is beyond my understanding.

DEFINITION

It has been a general consensus among economist in the definition of a recession is two consecutive quarters or six months of GDP contraction or decline.

The National Bureau of Economic Research (NBER) is the authority for the confirmation or announcement of an economic recession in the US. And in fact the NBER had earlier announced a recession in the US on the 1st December 2008 (GO HERE).

The NBER definition of an economic recession is "a significant decline in economic activity spread across the economy, lasting more than a few months, normally visible in real GDP, real income, employment, industrial production, and wholesale-retail sales."

INDICATORS

Lets look at some indicators as shown above are the Industrial Production indicators which is on a downtrend since the beginning of January '08 and the alarm should be ringing much earlier way on before the world stock market crash of Oct'08. I don't expect our government to be able to forsee this global economic crisis to happen but lets not be in denial.IMPACT

The general impact of any recession is hardship brought about by loss of income by the working class and losses of business profit and insolvency. Lets look at the official figures of retrenched workers totalling to about 28,000 workers as at March '09 (chart above) although some thought that the numbers are much higher as the official figures does not take into consideration of Malaysians working overseas or those working in Singapore and it is estimated that just those retrench workers from Singapore alone is more than the official numbers of 28,000 and many numbers have been thrown around and you can't blame people for guessing as there are no statistic available.

The function of any good government is to assist the affected workers and to provide relief and alternate arrangement towards the welfare of its people as families of the old and young from the lower income group will be most affected.

FINANCIAL PRUDENCE

The financial prudence of a government is to save and create reserves during good times so that when times like this comes around you have some savings and real cash which will be more efficient in tackling the economic downturn.

The chart above shows the government financial position which shows a deficit forecast for year 2009 amounting to RM 53.8 billion. So we don't have enough money, do we? Now the question is how will the deficit be financed and how much time is required to raise the needed funds to finance such a huge budget? (Note: O.E. = operating expenditure D.E = development expenditure)

Well above all else lets look on the bright side that this recession is not something new and as good times and bad times comes and go, so just sit tight hold back a bit and work your ass off if you are still having a job so that your productivity contributes towards the profitability of your organisation and than better times will come around again and you will stand to gain from it.

Read earlier post on the recession HERE

Johor Bahru in Real Bad State

This just goes to show how bad the crime rate is in Johor Bahru even the police chiefs get robbed, you know its real bad when the police get robbed or are they victims of their own folly.

OCPD robbed at knife point

JOHOR BARU: Johor Baru South OCPD Asst Comm Zainuddin Yaakob was tied up and robbed at knife point in his house here early yesterday.

ACP Zainuddin: The intruders tied him up.

The OCPD, in his 40s, who was home alone, had a shock when at least three men surprised him at about 5.45am.

The suspects, all believed to be Indonesians, tied him up and ransacked his home.

The intruders then fled with some cash and valuables.

ACP Zainuddin managed to free himself and contact the police. He later lodged a report at the Tampoi police station.

State CID chief Senior Asst Comm (II) Datuk Amer Awal said the suspects managed to enter the OCPD’s house through the back door.

“The OCPD was not harmed and so far we have detained three men in connection with the case,” he said, urging those with information to contact the police hotline at 07-221 2999 or the nearest police station.

~~~~~~~

With the recession in Johor Bahru biting in, the people of JB are worried over the crime rate in this southern city.

Bad Laws Make Outlaws of Great Men

During the rule of the Qin Dynasty (221 - 207 BC) which had unified the Empire for the first time through conquest of the warring states, brought about much tyranny and authoritarian rule on to its people with the enactment of harsh laws and punishments so that its people live constantly in fear as the slightest whisper of dissent and criticism of the ruling elites can cause imprisonment and hardship to entire families.

This tyranny and cruelty of its emperor ShihHuangDi coupled with the introduction of Legalism by the first adviser Li Su, Legalism was the opposing thought to Confucianism which is based on ethics and moral, the Legalist advocates the hold to power by all means relying above on force and terror, military might and the severest punishments possible. Li Su later became a victim of his own laws and was executed and his whole families and relations hunted down to the last person. His genes were entirely wiped out and this was during the rule of the Qin’s which he has served all his life.

Throughout history it has shown that the approach such as those of the Legalist can be brilliantly successful for its propagators for the short to medium run and thus the Qin's rule only lasted for less than 15 years.

With the enactment of many laws that severely punish dissenters and critics, the harsh laws of the Qins makes it impossible to live with as almost everyone is a lawbreaker and from such an oppressive climate rose the brigands, bandits and rebels that mushroom throughout all corners of the empire.

And 2 prominent personalities stood out from amongst, one of them of noble origin was Xiang Yu of Chu also known as Chu the Conqueror and the other is Liu Bang of peasant origin was forced to become an outlaw due to fear of the Qins laws. Liu Bang went on to establish the Han dynasty which brought about better times of peace and prosperity for many a part of the Han rule which lasted for 400 years (the second longest ruling dynasty of China).

Upon his conquest and victory in Xiang Yang (Changan – today Xian) the capital of Qin, Liu Bang abolished the harsh Qin’s Laws in a bonfire ceremony that made firewood out of the piles of written laws of the Legalist and proclaimed to the people that they can now go about their livelihood in peace and that they shall have a sound sleep without fear. He introduced basic laws to protect the people unlike laws of the Qin’s that is against the people.

Liu Bang became Emperor Gaodi and founder of the Han dynasty; he introduced Confucianism into the administration of government that laid a solid foundation for the Han dynasty which lasted for over 400 years.

As emperor he lived frugally and restricted spending while rebuilding the economy, land was returned to the people and slaves were freed, taxes was even lowered. Emperor Gaodi who came from humble beginnings was one of the great heroes of Chinese history.

"IN RULING A STATE YOU INFLUENCE THE PEOPLE WITH VIRTUE AND THEY SHALL SUBMIT TO YOUR AUTHORITY"

~Confucius~

The ruler depends on the state and the

state depends on its people. Oppressing

the people to make them serve the ruler is

like someone cutting off his own flesh to

fill his stomach. The stomach is filled but

the body is injured: The ruler is wealthy

but the state is destroyed.

The Great Emperor Taizong (599 - 649) of the Tang Dynasty