Tuesday, 16 November 2010

Turning rhetoric into reality

Brave New World (The Star)
21 October 2010

'I am talking about we citizens using the Asean Charter as one of our tools in the fight for human rights, rule of law and democracy.'

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YOU may have heard of the Asean Charter, it is a treaty signed by all the members of Asean and it formally confirms that Asean is an international entity.
This means that Asean as an organisation now has legal “personality” on the international stage.
It can make treaties with nations and other international bodies.
It has international rights and obligations and it is bound by international laws and principles.
All this time, Asean has never been officially an international entity in its own right. It was a loose coalition of various countries with no legal personality of its own.
You can imagine it like an informal club. A group of buddies get together and form a club.
They have rules and they do things according to those rules. However, the club was never registered with the Registrar of Societies, so the club itself did not have any legal personality.
Thus, if a member of the club does something wrong to you, you can sue the member but you can’t sue the club because legally, the club does not exist as an entity which has rights and obligations.
This was what Asean was before the Charter was signed. Alright, this may be really exciting to students of international law, but I guess that if you are not, and if you are still reading at this point, you are probably thinking of turning the page to see how Spider-man and Iron Man are faring in their fight with the Puppet Master.
Before you do, let me explain that the Charter may well have a profound impact on our lives.
The Charter has a set of principles and Asean and its members are obliged to act in accordance with those principles.
Two of those principles are:
> Adherence to the rule of law, good governance, the principles of democracy and constitutional governance;
> Respect for fundamental freedom, the promotion and protection of human rights, and the promotion of social justice.
This means that our Government has agreed to live according to these principles.
Now, those with any knowledge of Asean would probably dismiss this document with a contemptuous wave of the hand, saying “Asean is weak and toothless and nothing will be done”.
There is plenty of justification in that cynicism for amongst the principles of the charter is also an emphatic confirmation that there will be no interference in the internal affairs of Asean members.
This is the famous “Asean way” in which they try hard not to step on each other’s toes, no matter how appalling the behaviour of their members.
But I am not thinking of Asean taking the initiative to make sure that the Malaysian government lives up to its principles.
I am talking about we citizens using this document as one of our tools in the fight for human rights, rule of law and democracy.
It is not interfering if we are campaigning within our countries. And campaign we must.
We must remind our government, no matter who they may be, that an international agreement has been signed, an international law has been agreed to, and it says that this government will abide to the principles of human rights, rule of law and democracy.
You can’t agree to such things and then pretend it does not exist.
Well, they may want to, but we can remind them that it does exist and we will push them to live up to those promises for they affect us the citizens.
Last week, there was an International Conference on Human Rights in South-east Asia, held by the South East Asian Human Rights Scholars Network (SEAHRN) in Bangkok. Dr Surin Pitsuwan, the Secretary General of Asean gave the opening keynote address and in it he said, “Those who toy with the rhetoric of human rights and democracy will have to live up to the standards of human rights and democracy in the end”.
Well, our government has been talking about it, let’s make sure that they don’t forget it and press them into turning the talk into something real.

Thursday, 7 October 2010

Dr Jekyll and Mr Hyde in PKR

Brave New World (The Star)
7 October 2010

The ongoing party elections and a recent book launch show the different, sometimes opposing, faces of Parti Keadilan Rakyat.

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THE last two weeks has seen Parti Keadilan Rakyat (PKR) acting in a way that is akin to Dr Jekyll and Mr Hyde. On the one hand its party elections have so far been conducted in a manner that does not reflect well on it. On the other hand, an event last week showed the vast potential of PKR.
Let’s discuss the party elections first. As far as I know, this is the first time that a Malaysian political party is having direct elections for party posts. That is to say, one member one vote as opposed to party divisions having the vote.
This method is of course far more democratic and should be applauded. It is quite obvious to the outsider, however, that the actual organisation of such a large endeavour was not done with any efficiency by PKR.
It is not easy to run an election with an electorate that goes into the hundreds of thousands, and logistically it does appear that PKR has not done well.
This has led to unseemly fights and arguments, which perhaps could have been avoided if the election process was properly run with mechanisms in place that ensured transparency and accountability.
Admittedly, being the first time that this method is used on such a scale, mistakes will be made and lessons must be learned for future elections. We must also remember that the reports we have been receiving have been lacking in context.
Sure it makes great copy to write about furious rows and breaking ballot boxes, but we are not told how many divisions conducted the elections peacefully and in a civilised fashion. It is possible therefore that trouble only occurred in a minority of cases and proportionally takes nothing away from this experiment.
Be that as it may, PKR cannot deny that this poor running of its party elections does not paint a complimentary picture of it, and needless to say its political enemies have gone to town making the most of the chaos.
I don’t really want to talk about the nature of the competitions themselves, except to say that they have been disappointing indeed.
The kind of character assassinations that has been going on does suggest that PKR is playing old politics and that its top people are not mature enough to not stoop to such crude tactics.
And this is where the Jekyll and Hyde analogy comes in. While all this was going on, very few people noticed the book launch of The Road to Reform: Pakatan Rakyat in Selangor.
This is a book commissioned by the Selangor government and it consists of over 20 chapters by various intellectuals giving their perspectives on how the state government has performed since the 2008 elections.
These writers are all independent-minded and the chapters are by no means a public relations job. They are intelligent and well-thought out. Most importantly, they were critical where they needed to be.
On top of this, the book launch on Sept 27 included a forum where the panelists were very outspoken and (in my view sometimes unfairly) witheringly censorious.
What this shows is that PKR (and they are the main component Pakatan party in Selangor) is willing to face uncomfortable intellectual discourse when examining its own work.
This is amazingly progressive as I am certain no other political party in this country will have the guts to commission a project that gives writers a free hand to be brutally honest about its performance.
This is a level of progressiveness and intellectual honesty that simply does not exist in Malaysian politics; reading the book and attending the forum was like being in another dimension.
The question here, therefore is, which personality is dominant in PKR? The squabbling, crude and crass PKR of the party elections, or the forward thinking, courageous and intellectually honest PKR of the book and book launch?
This is a question that the PKR has to ask itself, but I can tell them which one the voters who gave them their unprecedented success in 2008 want.

Saturday, 11 September 2010

Debates to tickle the heart

Brave New World (The Star)
9 September 2010

If only new NGO 1Malaysia Youth Graduands and Perkasa's Ibrahim Ali will come forward to defend their assertions that the Constitution has been slighted.

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AS I am writing this, my mind is not really on the happenings in this country of ours.
It is instead on lemang.
Which is very strange because I never grew up with lemang on my mind.
Coming from the north, the stodge of choice for Raya feasting was always ketupat.
And by ketupat, I mean the triangular ones made with beras pulut which is sometimes enhanced with soft boiled peanuts amidst the sticky goodness.
For years, I have defended the superiority of the feminine ketupat over the phallic lemang.
But that was just my stubborn northern pride talking because at the end of the day, lemang or ketupat, it is a small matter and to discuss the merits of one over the other is really making a mountain out of a molehill.
Which is rather like political party elections really.
It’s quite funny to see Azmin Ali and Zaid Ibrahim battle it out for the number two spot in PKR.
I never really understood the venom that goes into political party elections. I mean, you are all on the same team, right?
So, whoever wins, as long as it is the better person, then the whole team wins.
This being the case, there is no need for any viciousness, just a simple statement of intent and policy should be enough.
Then let the members choose. Simple.
Especially with the won­derful one-member one-vote system that PKR has implemented.
Each member has a voice, and that is empowering.
I am sure they can make up their minds on who is best for the job without the need for big-shot party members making declarations of support even before nominations are in.
All these press conferences and declarations of loyalty look awfully 1984 (the book, not the year) to me.
Besides there is something tawdry and terribly sycophantic about making such premature public declarations of support.
Kind of like the kid in school who will go out of his way to please teacher.
No one likes a teacher’s pet.
Speaking of teacher’s pets, I really like the name 1Malaysia Youth Graduands.
It truly sounds like a name a group of teacher’s pets would come up with.
Anyway, 1Malaysia Youth Graduands is the new NGO that made a police report against the Bar Council recently.
This is because, according to them, some of the booklets in the Bar Council’s My Constitution campaign are seditious.
Namely, the booklet that says that elected MPs can change the Constitution.
It’s all so pathetic, really.
All it takes is for a person to actually read the Constitution to see that it can be changed, and the main agent for change is the Legislature.
For some provisions, it requires a majority vote in the lower and upper houses of Par­lia­ment.
For others it needs a two-thirds majority in both Houses and the approval of the Council of Rulers.
In fact, the Constitution has been changed many times. On average about once a year ever since independence.
So I am not quite sure just what got 1Malaysia Youth Gra­duands’ (oh, I just love that name) drawers in a twist.
It would be nice to see them debate with the Bar Council about just how elected parliamentarians voting to change the Constitution is seditious since the Consti­tution actually allows for it.
Another constitutional debate I would really like to see would be between MPs Nurul Izzah Anuar and Ibrahim Ali regarding the interpretation of Article 153.
I know it is unlikely because Ibrahim Ali probably does not like to be beaten by one so young, and a woman at that.
Which is a shame because such a debate will be truly meaningful politically.
It will draw an intellectual line between PKR and Perkasa (and whichever other group that thinks like them), and this will inject much needed ideological balance to the political landscape of this country.
Such an event would mean so much more than yet another press conference over the PKR party elections.
It would even mean so much more than a debate over which is tastier, lemang or ketupat.
Have a safe and happy Id.

Thursday, 26 August 2010

Stand up and be counted, Malaysia

Brave New World (The Star)
26 August 2010


It is strange that in the 21st century, we are still having to face the problem of institutionalised racism.

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OVER the past week or so, there have been some developments in our country which are more disturbing than usual.
In particular, the two cases of alleged racist remarks by school heads; the accusations that Penang mosques have replaced the Yang di-Pertuan Agong with the Chief Minister’s name in their prayers; and the continued insistence that Article 153 of the Constitution is equal to an inalienable right that could not be questioned.
These events are interrelated and it seems to me that they indicate that there is a battle of ideology going on in the country now.
On one side is the idea that a person’s ethnicity and religion entitles him to be treated better than anyone else who is different. On the other side is the idea that equality is an aspiration that is both noble and necessary for nation building.
It is strange that in the 21st century we are still having to face the problem of institutionalised racism.
Looking at our history, one can see why this has occurred. The combination of race-based politics and poorly interpreted constitutional provisions have meant that the idea of racial and religious superiority has been allowed to grow and become the norm rather than something undesirable and out of the ordinary.
How else can one explain the possibility that teachers, the very people to whom we entrust the education of our children, can have such warped values and also have the gall to express those views publicly?
How else can we explain the near rabid attack on the Penang Chief Minister for something which he and the state religious department have vehemently denied and in fact would have been insane to attempt?
Let’s analyse this one step at a time. When the dominant political parties in this country do not have any political ideology to speak of and are instead, based on the principle that each race-based component has a duty to safeguard the interest of its community, what one has is a recipe for the kind of policy and rhetoric that divides rather than unites.
Historically, one can see the reasons why the politics of the nation was forged in this way. It was a necessary evil in the face of the divide-and-rule policy by the British to show that even when separate, the three major communities of the nation can still work together politically.
However, it is an unsustainable model and what started life as a fairly rosy example of racial cooperation too easily descended into crude racialist type politics.
Which is why the early aspirations that our founding fathers had for a society treated with equality has now been all but buried by the idea that one race is superior to others and in fact is the only race with any right to be here in Malaysia.
This is because in the battlefields of politics, it is easiest to appeal to base racialist emotions, especially when without those types of ideas, a party based on race will have no collateral to work with.
In this kind of political atmosphere, it is of no surprise that what has been forgotten is that the basis of this nation was one of justice and equality. And the document that is meant to protect that, the Federal Constitution, has been misinterpreted to the extent that there is no longer any trace of this aspiration in the mainstream discourse of the day.
Let us be absolutely clear on this matter, the Constitution does give powers to the government to take affirmative action and it does acknowledge the fact that Islam has a special place in the public life of the nation.
What it does not intend to do however is create a perpetual system of ethnic-based favourable treatment nor does it advocate the idea that all other religious beliefs must be subservient to Islam.
However, instead of this reasonable position, what we have today is the idea that affirmative action for Malays is unquestionable and to be continued in perpetuity becoming the norm.
This cannot be further from the truth as there are no legal justification for it at all.
Article 153 of the Federal Constitution is seen as the holy grail for those who hold this view. However, if we examine the provision closely we will notice two things.
Firstly, affirmative action is not a Malay right. Article 153 does not endow a right. What it does is to merely give government the power to take affirmative action despite the overarching ideal of equality which is enshrined in Article 8 of the Constitution.
To support this contention, we see that Article 8 clearly states that all citizens in this country are equal except for situations specifically provided for in the Constitution. Those “specific provisions” are found in Article 153 and there are not many of them.
They include the power to establish quotas for the civil service, permits and licences, scholarships and education.
Therefore anything other than these areas should not be subjected to affirmative action.
Furthermore, any affirmative action has to be reasonable. The idea of what is reasonable must surely be open to research and debate otherwise there will always be the risk of abuse and wastage of resources.
This being the case, although questioning the existence of such a power to have affirmative action is moot, discussion on the efficacy of affirmative action policies and programmes surely is not.
The way the discourse is today, and not merely by the racialist fringe but by mainstream politicians in power, is that even the implementation of Article 153 is not to be questioned at all.
This is surely wrong based both on the meaning of the Constitution as well as the principle held by the founding fathers that Article 153 was an unfortunate but necessary aberration from the ideals of equality and that it was to be used not in perpetuity.
With these kinds of distortion of law, is it any wonder then that we still get people actually classifying whole swathes of the citizenry as having no right to be here?
Is it any wonder then that a crazy accusation against a Chief Minister whose government has given twice as much money to the Islamic bodies in the state than the previous administration, can give rise to the belief that he is a threat to the faith?
If this country is to have any future as a true nation, the time has come for those who believe in the ideals of equality, ideals which were held by the political founding fathers of the country as well as the traditional Rulers of that time, to stand up and be counted.
To not be cowed by the bigots and to say that this is our country and it stands on noble humanitarian ideals, not opportunistic racialist thinking.

Wednesday, 11 August 2010

Living in the Puasa Zone

Brave New World (The Star)
12 August 2010

What once was ordinary has now become bizarre and mind bending, and just when you think you have a grasp of what they are, the air shimmers, changes, and they become something else.

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THE caffeine withdrawal has kicked in and things around me have taken a surreal turn. What once was ordinary has now become bizarre and mind bending.
The low blood sugar level in my body does not help as I cling to my sanity, waiting for a time when I can have that first sip of rose syrup which would take me safely through the Puasa Zone.
Cue music
It is a town unlike any other. Purpose built to act as a grandiose statement of one man’s ambition, it houses the machinery of government. But recently another machine has been seen stalking it’s corridors of power.
It is a strange creation, both charming and yet disturbing. Speaking in a high squeaky voice it walks around followed by an irritating boy in shorts and spectacles. The boy complains and whines when in fact he should be the happiest boy in the world.
How can one not be happy when one’s best friend is a blue robot cat from the future? A robot cat who has magical powers. And these powers are truly mind blowing; from a special pouch on his tummy, our magical blue robot cat can produce anything that you may want. Things that were not there moments before can suddenly appear, making life so much easier and happier for you.
Is this true and have things been appearing out of thin air? Or perhaps this is just my imagination as I watch the clock ticking, in the Puasa Zone.
Cue music
What once was considered to be a simple political alliance has now become something far more sinister and dangerous. It has taken on powers that the most mighty of magicians can only dream about.
Behold Pakatan Rakyat. They may appear to be a simple coalition between three political parties who for the longest time have been in the opposition. But when joined together they become a stronger more potent political force.
But is this truly all that they are? No, I am afraid not, for they have mastered an art which is so difficult that the most skilled of sorcerers would give their beards to possess. Pakatan has learnt the art of being two different things at the same time.
It bends the mind, confuses and confounds for you look at this creature called Pakatan and just when you think you have a grasp of what they are, the air shimmers, changes, and they become something else.
To some, if Pakatan sinks its claws into political power, then we will be ruled by a Chinese party. And yet to others if it comes to power, we will be ruled by a Muslim party. They warn us about the dangers of Pakatan but the dangers shift and change depending on who talks, in the Puasa Zone.
Cue Music
It is a special month. To many it has deep spiritual significance being a time for quiet contemplation amid strict discipline and physical deprivation that bring about greater understanding and appreciation of life’s blessings.
Yet, to others, it is a time to use what should be a time where one rises above the worldly, to campaign for cheap political mileage.
But perhaps one should just take a deep breath and turn away for a moment. Do not get drawn into anger and bitterness.
For just once a year, is it too much to ask of oneself to be more measured than usual, to keep that temper in check, no matter how idiotic the world may seem to be, for only once a year, one finds oneself living, in the Puasa Zone.