Monday, 25 March 2013
Thursday, 21 March 2013
Oh! How little have we changed
Brave New World (The Star)
20 March 2013
Egyptian kings loved their massive mega projects, all built to announce their greatness as well as to instil awe and fear among the populace. Today, all around the world, we see the same mad egotism practised by the powerful.
In the published version, I had to replace the passages in red (above) with the following:
The peasants of ancient Thebes three thousand years ago can only dream of the
kind of power that we 21st century “peasants” collectively have.
They had no say on who ruled them but thank heavens we do.
20 March 2013
Egyptian kings loved their massive mega projects, all built to announce their greatness as well as to instil awe and fear among the populace. Today, all around the world, we see the same mad egotism practised by the powerful.
______________________________________________________
Many years ago, when I was in the Sixth Form, I took a class
on Egyptology as part of my extracurricular activities. I remember looking
forward to my first lesson. After all, ancient Egypt sounds frightfully
exciting what with pharaohs, pyramids, sphinxes and the like. Unfortunately I
found it all painfully tedious.
The teacher was not the most riveting person in the world, I
can’t even remember if he or she was a man or a woman, but the real culprits
were the books we were referred to. They were drier than a mummy’s armpit.
Thick ponderous things loaded with unpronounceable names of kings and places, which
did not capture a sense of the period or even the high drama of which there is
bound to be plentiful in an empire that spanned nearly four thousand years.
Foolishly, when it came time to fill up my university
applications, I put Egyptology under “interests”. It looked jolly intellectual
in my form. But I had learnt next to nothing and during one interview when I
was asked about what I found interesting about ancient Egypt, I managed to
mumble “it was very, very large”. Pathetic.
Fortunately, nowadays books on the Egyptian empire are being
written in a far more accessible style. And I am not talking about the kooky
“the pyramids were built by engineers from Atlantis using anti-gravity
technology” type books. I mean proper scholarly works like “The Rise and Fall
of Ancient Egypt” by Toby Wilkinson.
One aspect I find interesting when learning about people
from long, long ago, is that how little has changed. Egyptian kings loved their
massive mega projects; all built to announce their greatness as well as to
instil awe and fear amongst the populace. Power and propaganda were the primary
means to keep the peasants in check and amongst the elite, nepotism and kingly
favours ensured a ruling class beholden to the mighty monarch.
Even the form that the propaganda takes has familiar
undertones. For the masses, there were ostentatious displays like coronation
celebrations which seek to emphasise the divinity of the king. These were
elaborate and gaudy shows that were designed to completely bowl over the
average Egyptian.
Amongst the intelligentsia, and remember, very few people
can actually read in those days, there was written (or engraved to be more accurate)
works proclaiming the supremacy and magnanimity of the monarch.
Today, all around the world, we see the same mad egotism
practiced by the powerful; giant structures that stroke the fragile psyche of
their commissioners, overt displays of power and influence to maintain control
and blinding propaganda to maintain it all.
Have we not changed in all these millennia? I would like to
think that we have and I believe the root change is education. The vast
majority of people who lived during the time of the pharaohs were working class
folk who strived and toiled under the most hideous conditions simply to
survive. The life span of the average person did not reach far past thirty with
many dying during the teen years. Hit forty and you are deemed incredibly old
(compare this to the many pharaohs who ruled for scores of years).
Today we struggle too, but the difference is that most of us
can read. And with this ability it is possible for ideas to be disseminated
widely. Ideas that have developed over the course of human history that says we
should not be in the thrall of absolute power; that all of us, peasant and
prince alike have an inherent dignity. And one way that this dignity is
expressed is by our ability to choose our leaders. No more pharaohs thank you
very much. We choose who leads.
Yes, it is true, by and large the lives of the powerful
remains vastly different from that of the person on the street. And the longer
they are powerful, the more distant they become. But the difference between us
and the peasants of Thebes three thousand years ago is that collectively we
have power they can only dream off.
In the climate of the times, let us not forget that power.
Let us not forget how far we have come as a species. Let us not forget that we
have to use our power or risk losing it forever, because those with authority
will always hunger for more, and it is up to us to say when they have had
enough.
Wednesday, 13 March 2013
Pragmatism's Big bang
Walk on Part (The B-Side)
February 2013
http://contentviewer.adobe.com/s/The%20B-Side/dc43599887d043fd8cff1e51c0f2a5da/my.bfm.thebside.2013.march/1708.html
February 2013
http://contentviewer.adobe.com/s/The%20B-Side/dc43599887d043fd8cff1e51c0f2a5da/my.bfm.thebside.2013.march/1708.html
Tuesday, 5 March 2013
No justification in invasion
Brave New World (The Star)
6 March 2013
Despite the emotional calls of the invaders that they are simply taking what is theirs, what they have done is deeply wrong and unlawful. In international law there is no justification for the use of arms except in self-defence.
___________________________________
THINGS are moving so quickly in Sabah, that I dare not make any comment on the current situation, since what is “current” seems to change by the hour.
From the start, let me say that it is sad and regrettable that there has been so much loss of life. Our thoughts ought to go to the dead, but perhaps more importantly to those they leave behind.
I am still befuddled as to why this has happened at all.
The claims made by the invaders that Sabah belongs to the Sultanate of Sulu and therefore they are justified in taking it, is very doubtful.
Historically, it is true that Sabah fell under the jurisdiction of Sulu, but this was handed to the British via a treaty.
It follows that when Sabah joined Sarawak, Singapore and Malaya to create Malaysia and in this process gain independence from the British, the arrangement between the British and the Sulu Sultanate then simply transferred to the new federation.
Of course the treaty itself can be re-examined. Or the manner in which the Sultan of Sulu agreed to the agreement can be questioned; perhaps he was coerced or tricked.
But even if this was to be done, it has to be done peacefully and not by force of arms.
In international law there is no justification for the use of arms except in self-defence.
There is no element of self-defence here, it was an invasion.
And here again, another legal conundrum arises for the Sultanate of Sulu does not exist as an international legal entity. It is not a sovereign state.
The Philippines is a sovereign state and they clearly did not order this attack.
So, in effect, this crisis is the result of private individuals and thus outside the ambit of international law.
Be that as it may, the effect is still the same as one army attacking another; violence and the people of Sabah living in fear.
I believe that despite the emotional calls of the invaders that they are simply taking what is theirs, what they have done is deeply wrong and unlawful.
All that remains is to hope that this episode can end soon without further loss of life.
I have no doubt the Malaysian armed forces will be victorious; it is just a matter of how soon and with how many casualties.
What we don’t need at this time is the politicking of the situation.
Seriously, all these conspiracy theories going around, if they were true could only mean that all politicians in this country on both sides of the divide are utterly mentally dead.
Neither Barisan nor Pakatan can gain from this crisis.
Depending on who you talk to, both sides are accused of having a hand in the incitement of this invasion.
Seriously, I know they are politicians, but even they can’t be that stupid.
If Pakatan did this and they were found out, they will be traitors and their future will be ashes.
The same goes for the Barisan. And what good would a situation like this gain them?
There is talk about the elections being put on hold if this goes on because the Government will declare an emergency. Would an emergency really help them gain popularity and legitimacy? I don’t think so.
Once this is all over we can have a proper impartial investigation to find out the full story of this sad chapter in our lives.
But until then, I hope that all this tasteless politicking can be put aside and that peace will be restored as soon as humanly possible.
6 March 2013
Despite the emotional calls of the invaders that they are simply taking what is theirs, what they have done is deeply wrong and unlawful. In international law there is no justification for the use of arms except in self-defence.
___________________________________
THINGS are moving so quickly in Sabah, that I dare not make any comment on the current situation, since what is “current” seems to change by the hour.
From the start, let me say that it is sad and regrettable that there has been so much loss of life. Our thoughts ought to go to the dead, but perhaps more importantly to those they leave behind.
I am still befuddled as to why this has happened at all.
The claims made by the invaders that Sabah belongs to the Sultanate of Sulu and therefore they are justified in taking it, is very doubtful.
Historically, it is true that Sabah fell under the jurisdiction of Sulu, but this was handed to the British via a treaty.
It follows that when Sabah joined Sarawak, Singapore and Malaya to create Malaysia and in this process gain independence from the British, the arrangement between the British and the Sulu Sultanate then simply transferred to the new federation.
Of course the treaty itself can be re-examined. Or the manner in which the Sultan of Sulu agreed to the agreement can be questioned; perhaps he was coerced or tricked.
But even if this was to be done, it has to be done peacefully and not by force of arms.
In international law there is no justification for the use of arms except in self-defence.
There is no element of self-defence here, it was an invasion.
And here again, another legal conundrum arises for the Sultanate of Sulu does not exist as an international legal entity. It is not a sovereign state.
The Philippines is a sovereign state and they clearly did not order this attack.
So, in effect, this crisis is the result of private individuals and thus outside the ambit of international law.
Be that as it may, the effect is still the same as one army attacking another; violence and the people of Sabah living in fear.
I believe that despite the emotional calls of the invaders that they are simply taking what is theirs, what they have done is deeply wrong and unlawful.
All that remains is to hope that this episode can end soon without further loss of life.
I have no doubt the Malaysian armed forces will be victorious; it is just a matter of how soon and with how many casualties.
What we don’t need at this time is the politicking of the situation.
Seriously, all these conspiracy theories going around, if they were true could only mean that all politicians in this country on both sides of the divide are utterly mentally dead.
Neither Barisan nor Pakatan can gain from this crisis.
Depending on who you talk to, both sides are accused of having a hand in the incitement of this invasion.
Seriously, I know they are politicians, but even they can’t be that stupid.
If Pakatan did this and they were found out, they will be traitors and their future will be ashes.
The same goes for the Barisan. And what good would a situation like this gain them?
There is talk about the elections being put on hold if this goes on because the Government will declare an emergency. Would an emergency really help them gain popularity and legitimacy? I don’t think so.
Once this is all over we can have a proper impartial investigation to find out the full story of this sad chapter in our lives.
But until then, I hope that all this tasteless politicking can be put aside and that peace will be restored as soon as humanly possible.
Sunday, 24 February 2013
We live in warped logic
Going The Distance (Selangor Times)
22 February 2013
___________________________________
I DON’T get it. I just don’t get it.
22 February 2013
___________________________________
I DON’T get it. I just don’t get it.
![]() |
Sometimes the level of warped logic that permeates
this country simply beggars belief. Take the “invasion” of Sabah for
example.
First off, let me be clear that I am glad there has
been no violence at the time of writing. I am not here to call for
blood.
Indeed it is quite heartening to see a restrained
approach taken by the Malaysian police and armed forces.
In fact it is more than restraint, there is a great
deal of compassion as can be seen by Sabah’s Police Commissioner who said that
they were dealing with human beings and thus the softly, softly
approach.
I just wish that compassion can be shown to
Malaysians.
Let’s put this in context, armed men land in our
country. They are not carrying baseball bats and machetes, they are carrying
automatic weapons. The possession of such weapons unless in very specific
situations can carry with it a death sentence, so the mere fact that they are
armed is seriously against the law.
But it is more than that; they are here to claim the
Malaysian state of Sabah as belonging to their sovereign.
This looks to me like an act of war. A Quixotic act
of war no doubt but how else can you describe it?
Yet, these people have been treated gently with no
violence or even threat of violence.
On the other hand, when Malaysians gather peacefully,
with no weapons whatsoever, and demanding nothing more than the upholding of
basic democratic principles, they are tear-gassed and beaten.
Aside from these incidences during large citizen
gatherings, we also read of cases where unarmed men, women and children die in
police custody or are shot dead by the police.
Is it just me or is something wrong with this
picture?
And the warped logic continues.
The banning of Australian lawmaker Nick Xenophon has
been hailed by some quarters as necessary to maintain the stability of the
country.
He apparently creates instability by criticising our
electoral process.
That is some seriously odd thinking. The thing that
causes instability in a country is when the election system is
flawed.
The best way to ensure a peaceful and stable country
is by making sure that people have a voice and that they know their voice
matters.
In mature democracies, you don’t see any problems
when there is a change in government.
This is because there is faith that the election was
fair.
If people feel that then, win or lose, the result can
be acceptable. This is because they realise that even if you lose today, there
is a fair chance that through democratic means, you will win the next
time.
But take away that faith with an electoral system
that is rife with gerrymandering, or phantom voters or anything else that will
undermine the democratic ideal; that is when problems can occur.
If the powers that be and the academics applauding
the deportation of Xenophon truly care about national stability, then they
should look at the real causes of instability, not some noisy Aussie
senator.
Work your socks off to fix the electoral system in
this country so that citizens will have faith in it once more.
Thursday, 7 February 2013
Greater professionalism in police
Going the Distance (Selangor Times)
8 February 2013
________________________________
Again the police are in the news for alleged violence that has led to death. This time the victim is C Sugumar, a man who was reportedly mentally disabled but by and large harmless.
8 February 2013
________________________________
Again the police are in the news for alleged violence that has led to death. This time the victim is C Sugumar, a man who was reportedly mentally disabled but by and large harmless.
The news reports do not look good for the police. For
one thing, the man was handcuffed, so he would effectively have been incapable
of inflicting any serious harm.
After all aren’t the police meant to be trained to
subdue people without actually killing them? So, once a person is bound,
shouldn’t it be standard procedure to restrain him without any further danger to
the person?
The fact that there was a crowd involved also raises
disturbing questions. What on earth were they doing there when the police were
already in charge of the situation, and what were the police doing allowing the
crowd to get involved in such a way (apparently they were beating the man too)?
Then of course there is the mystery of the turmeric powder.
Naturally there can be no certainty as to what
actually happened because there has been no official hearing yet, but this case
does bring to the fore the need for two important developments with regard to
the police.
Firstly, where is the independent police commission?
I see no other choice but to have one if we are to dig the police out of the
mire of public distrust they find themselves in. I am not anti
police.
I have personally been a victim of crime and of
course the first people you call are the cops. And it cannot be denied that
these men and women put themselves at risk. We need them there, but we also need to know that they can be trusted.
As it stands there is no way out of this conundrum
unless any wrong doing by the police is settled in a manner that ensures the
public there is no cover up and where the guilty party can escape. And the only
way to establish that is by having an independent body not beholden to either
the government of the day or the police to deal with complaints.
Secondly, there is a need for greater professionalism
within the police. From an outsiders perspective there seems to be a cowboy
attitude prevalent where some of the people in blue at least believe that the
ends justify the means.
We give the police a lot of power. They are armed and
they can have a direct effect on our lives unlike any other citizens. That power
must be used responsibly for when unrestrained and unprofessional behaviour is
combined with handcuffs, batons, tear gas and guns, then what we have is a
situation where people live in fear or an organisation which was meant to
protect.
What is required is a paradigm shift where crime
fighting per se is not the sole objective nor is it the measurement with which
the success of the police is measured. Instead there has to be an understanding
that in a civilised democratic country there has to be the strict adherence to
procedure; procedure which is not only designed to solve or stop crimes but at
the same time to ensure that the values of a democratic state, human rights,
fairness and justice are maintained.
For without these values, and without a police force
that understands and respects them, then just what is it that they are risking
themselves for?
Non-partisan care for environment
Brave New World (The Star)
6 February 2013
Long-term systemic changes which include good transparent governance, strong legislation and proper access to the judiciary are key to protecting the environment.
_____________________________________
IF there is one field of public concern that requires a non-partisan approach, it would be the protection and preservation of the environment.
Two recent news stories go some way in driving this point home.
The first is about the mystery of the dead herd of pygmy elephants in Sabah.
The second is the massive vegetable farming project in the highlands of Kelantan.
The reason why I say this is due to our Government’s system in which the federal system is employed.
The way our Government is structured is determined by the Federal Constitution.
This clearly delineates powers between two distinct governments: federal and state.
Once local government is added to the mix, what we have are three separate centres of responsibility.
The problem is that the environment does not recognise the Constitutional division of power.
In the mid-50s when the Constitution was drafted, environmental issues were not on the radar of the drafters, nor was it a priority for the power elite.
So, the term “environment” will not be found anywhere in the Constitution.
On the other hand, what we do have is each power base takes responsibility over different aspects of the environment.
For example, pollution control is under the jurisdiction of both federal and local governments.
Land and forests are under the jurisdiction of the state government.
Of course, there will be a lot of overlap.
For instance, what if forestry activities cause river pollution?
So when we look at the Kelantan issue, all three forms of government must take responsibility for the situation.
The state government is the one that determines the status of the land and whether it can be used for agricultural purposes or not.
The local government is the one that gives permission for the specific use of the land.
The federal government via the Department of the Environment has the responsibility to pass or fail the Environmental Impact Assessment (EIA) for the project.
For the sake of accuracy, I must say here that I do not have the details of the project but generally speaking, projects of such a large scale would require an EIA.
The matter is confused even further when we examine the pygmy elephant deaths.
This is because although peninsular Malaysia has its own wildlife protection law, Sabah and Sarawak have their own individual enactments as determined by the Constitution.
With the political situation in the country being what it is, it is likely that it will be common in the years to come that the state governments and the federal government are ruled by different political parties.
If we have the reintroduction of local government elections in the future, it is perfectly foreseeable that you may even have three political parties bearing responsibility over one area.
Therefore, it is impossible to depend on any one party to do the right thing with regard to the environment.
In a situation like this, what we need is the institutionalisation of environmental concern.
Laws have to be effective and digressions from it will result in sufficiently deterring sanctions.
Furthermore, there has to be transparency in environmental decision making.
This is to ensure that poor decisions can be made known and action taken. This then leads to the question of “what action”?
Clearly in situations where the decision-making body is an elected government, public displeasure can be made via the ballot box.
However, there is also a need to ensure the courts are open for grievances to be aired.
Where the courts are concerned we need to ensure that the locus standi or the right to appear in court is broadened to allow an interested party to bring the case forward.
As it stands, our judiciary has limited locus standi to narrow situations where a person has to show he or she is directly and uniquely affected by a poor environmental decision before they have a right to their day in court.
This must change to allow for public interest litigation, that is to say cases where a person or an organisation can bring a case to court purely on the grounds that it is in the public interest to do so.
Even before it comes to that, the decision making processes regarding the environment should include meaningful public participation as far as possible.
This is a principle enshrined by the Rio Declaration in which Malaysia is a signatory too.
If a situation involves indigenous people, the United Nations Declaration on the Rights of Indigenous Peoples, another document we are a signatory too, demands that any action which affects indigenous land requires the affected community’s free, prior and informed consent before it can be taken.
Protecting the environment is something that cannot simply be solved by political machinations.
What we need are long-term systemic changes which will include good transparent governance, strong legislation and proper access to the judiciary.
6 February 2013
Long-term systemic changes which include good transparent governance, strong legislation and proper access to the judiciary are key to protecting the environment.
_____________________________________
IF there is one field of public concern that requires a non-partisan approach, it would be the protection and preservation of the environment.
Two recent news stories go some way in driving this point home.
The first is about the mystery of the dead herd of pygmy elephants in Sabah.
The second is the massive vegetable farming project in the highlands of Kelantan.
The reason why I say this is due to our Government’s system in which the federal system is employed.
The way our Government is structured is determined by the Federal Constitution.
This clearly delineates powers between two distinct governments: federal and state.
Once local government is added to the mix, what we have are three separate centres of responsibility.
The problem is that the environment does not recognise the Constitutional division of power.
In the mid-50s when the Constitution was drafted, environmental issues were not on the radar of the drafters, nor was it a priority for the power elite.
So, the term “environment” will not be found anywhere in the Constitution.
On the other hand, what we do have is each power base takes responsibility over different aspects of the environment.
For example, pollution control is under the jurisdiction of both federal and local governments.
Land and forests are under the jurisdiction of the state government.
Of course, there will be a lot of overlap.
For instance, what if forestry activities cause river pollution?
So when we look at the Kelantan issue, all three forms of government must take responsibility for the situation.
The state government is the one that determines the status of the land and whether it can be used for agricultural purposes or not.
The local government is the one that gives permission for the specific use of the land.
The federal government via the Department of the Environment has the responsibility to pass or fail the Environmental Impact Assessment (EIA) for the project.
For the sake of accuracy, I must say here that I do not have the details of the project but generally speaking, projects of such a large scale would require an EIA.
The matter is confused even further when we examine the pygmy elephant deaths.
This is because although peninsular Malaysia has its own wildlife protection law, Sabah and Sarawak have their own individual enactments as determined by the Constitution.
With the political situation in the country being what it is, it is likely that it will be common in the years to come that the state governments and the federal government are ruled by different political parties.
If we have the reintroduction of local government elections in the future, it is perfectly foreseeable that you may even have three political parties bearing responsibility over one area.
Therefore, it is impossible to depend on any one party to do the right thing with regard to the environment.
In a situation like this, what we need is the institutionalisation of environmental concern.
Laws have to be effective and digressions from it will result in sufficiently deterring sanctions.
Furthermore, there has to be transparency in environmental decision making.
This is to ensure that poor decisions can be made known and action taken. This then leads to the question of “what action”?
Clearly in situations where the decision-making body is an elected government, public displeasure can be made via the ballot box.
However, there is also a need to ensure the courts are open for grievances to be aired.
Where the courts are concerned we need to ensure that the locus standi or the right to appear in court is broadened to allow an interested party to bring the case forward.
As it stands, our judiciary has limited locus standi to narrow situations where a person has to show he or she is directly and uniquely affected by a poor environmental decision before they have a right to their day in court.
This must change to allow for public interest litigation, that is to say cases where a person or an organisation can bring a case to court purely on the grounds that it is in the public interest to do so.
Even before it comes to that, the decision making processes regarding the environment should include meaningful public participation as far as possible.
This is a principle enshrined by the Rio Declaration in which Malaysia is a signatory too.
If a situation involves indigenous people, the United Nations Declaration on the Rights of Indigenous Peoples, another document we are a signatory too, demands that any action which affects indigenous land requires the affected community’s free, prior and informed consent before it can be taken.
Protecting the environment is something that cannot simply be solved by political machinations.
What we need are long-term systemic changes which will include good transparent governance, strong legislation and proper access to the judiciary.
Subscribe to:
Posts (Atom)