Sunday, 24 February 2013

We live in warped logic

Going The Distance (Selangor Times)
22 February 2013

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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

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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.

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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.

Tuesday, 22 January 2013

Mind those shackles

Brave New World (The Star)
23 January 2013

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OUR university students have been in the news recently. The most high profile coverage of course went to K.S. Bawani, the UUM law undergraduate whose attempt at getting her views across at a university forum was rather unceremoniously shut down by an overzealous moderator who apparently did not like what the young woman had to say.

What might have slipped under the radar of readers were the opinion piece on the poor standard of Malaysian graduates (in particular their grasp of English) and also the story about the overall quality of our law graduates.

All three stories are inter-related but apart from the very specific issue of English competency, the other concerns are vaguer in nature. A main critique of our graduates is their supposed inability of independent thought and action.

First off, I would like to say that sometimes, maybe, just maybe, we can be a bit too harsh on our young people. For goodness sake, most of us were absolutely gormless and idiotic when we first graduated. We had to learn to be competent in our respective careers, we had to gain experience and with that the confidence to speak our mind and strike out by ourselves.

But apart from that little call for empathy, I do agree that our graduates can be more assertive and independent minded. The question is what can be done about it.

As a lecturer, I have always felt that one of our duties is to make sure that our classroom environment is one where discussions and disagreements can occur in a way that students feel safe and not intimidated. This is so they can explore their thoughts in a nurturing atmosphere. Whether they choose to use it or not is entirely up to them, but in my experience, it can and does happen.

However, the classroom is only a small part of the student experience. In fact, I would go so far as to say that it is a miniscule part of their personal growth. There is only so much life lessons that one can learn in an Environmental Law lecture or a Calculus tutorial. It is life on campus where you learn about independent living, self-governance, facing different ideologies, politics and social interaction.

As much as lecturers would like to achieve in our classrooms, if life on campus is stilted and controlled, then our students will not get the full advantage of a university education. If universities are intent on controlling their students (and they are believe me), then don’t be surprised if our graduates are not all that you may want them to be. Unless what you want are obedient and subservient workers.

This brings me to Bawani. The main point here is not the rudeness of the moderator in grabbing the student’s microphone and talking about a variety of long suffering fauna, the real point is the types of so called forums that students are exposed to. Ideally, students themselves must be given the maximum freedom to organise their own forums. Let them sort out who they want to hear to speak and let them sort out the logistics. No need for the Student Affairs Department to poke their long noses into it.

If we leave our students alone, bound only by the same laws that bind the rest of us, free to express what they want and to govern themselves (with unions, not some toothless council), then we are giving them a lesson in life as an adult. Then we will see graduates who are far more than merely twenty-three-year-old school leavers.

With regard to English proficiency, it is a problem which has to be dealt with in the entire education system. Universities are not remedial centres, but that is what we have become. I have students who have to attend English language classes, when they should be using that time more constructively, like irritating intolerant moderators.

I am not criticising my language teaching colleagues, they are very good and dedicated. What I am questioning is the need for my students to have language lessons in the first place. Shouldn’t primary and secondary school have sorted this out?

Finally I want to talk about law education. First off, I want to say that law schools and the legal community should and must work together all the time to improve the quality of our education. But, the relationship must be one of collaborators. We academics are not and will not be the coolies of the legal community. We will not lie down while they tell us what they want.

Now, I am not being pugilistic and I am not itching for a fight with either the A-G, or the Chair of the Bar or the Chief Justice (although that would make pretty good reality TV), what I am saying is that there has to be an understanding about our respective roles.

A law faculty’s job is not merely to provide lawyers. Our job is to provide a university education and at the end of it our graduates have an academic qualification.

There is of course some grey area in “professional” courses like law. The final year of our students studies, for example, have subjects which are much more geared towards professional practice rather than academic study.

But this does not mean we are a vocational school and that we will produce readymade lawyers. That is not and cannot be our purpose.

If we do our job well (and I believe we can improve a lot), then what we should produce are thinking men and women, with a strong foundation in the concepts of law and an ability to think for themselves and deal with the challenges of their respective career choices (not necessarily in law).

I mean if you want a young lawyer to know how to do the technical stuff of a law practice, surely some, if not much of that pragmatic type learning should be done during the chambering period.

Surely the Bar must take some responsibility too. What are the duties of a chambering master?

Are they bound to teach a set of knowledge and skills, or do they get away with having our graduates make photocopies for nine months?

There is much to be done for our higher education and a lot of the things that need to be done require some major systemic overhauls. But even without that, we can still make headway.

If our students desperately need language lessons, then the university should provide it, at least until things improve in primary and secondary schools.

If there is a disconnect between industry and academic institutions then we must ensure that there is a constructive partnership between academia and the world outside in thinking up ways of improving ourselves.

But at the end of the day, the most important thing to me is that we must stop treating our university students like children; this includes the university administration, us lecturers and anyone else who may wander into our midst.

Thursday, 17 January 2013

Peaceful is as peaceful does

Going the Distance (Selangor Times)
18 January 2013

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AS I was sitting in Merdeka Stadium on Saturday with a couple of friends, watching the venerable old lady of independence fill up with people, I playfully wondered if photographers from the mainstream media had been there earlier to take a photo of an empty stadium to be used as “evidence” that no one turned up.


Well, they did not do that, but the spinning of the event was only slightly less repulsive than my imagination.

Amongst the English language papers, the most generous coverage reported on how it was a peaceful rally. Little or nothing was said about the implications of this rally and much was said about how wonderful the police were.

Let me talk about the second point first.

A question that struck me is this: what was the difference between the Jan 12 rally and the ones before? Well, the answer I came up with is that in the past, trouble only occurred when the police did not allow people to gather peacefully.

In other words, I do not think that Malaysians are inclined to riot and do damaging things. It is only when heavy-handed tactics are used that things get out of hand. If you can call people running for their lives choking on tear gas “out of hand”.

January 12 has shown up the government to be the paranoid bully boy that it is. Cooking up excuses to prevent peaceful gatherings and then taking such drastic measures that it appears that their self-fulfilling prophecies have come true.

The people of this country are by and large peace loving and when left to their own devices are not going to get up to mischief.

And please spare me the smug comments about how Datuk Seri Najib Razak’s wonderful Peaceful Assembly Act is the reason the rally went so well. The Act was in place when the participants of Bersih 3 got gassed and beaten.

The reason why the rally was peaceful is because the police was peaceful.

The other point that was not covered by the mainstream press is the implications of this rally.

The one theme that I gathered from the speeches of the majority of non-political party speakers was that the time for taking a neutral stance is over.

The clarion call was very clear, from the labour movement, the student movement, the orang asli network, the socially marginalised, the mother tongue educationists; it is time to change government if things are to improve.

And judging by the size of the crowd, only the most delusional will come to the conclusion that this rally is not a clear sign that this call for change has very broad support.

The time for such mega rallies is now surely over; at least for the moment. People have lives to lead and it does take a lot of time, resources and energy for the organisers as well as the participants for such things. It is now time to do the talking via the ballot box.

If Pakatan Rakyat has any sense they will build on the momentum of this gathering, get their act together and go all out in pushing forward their vision of the future of this country and how they are the best people not to just defeat BN; but to lead.

Wednesday, 9 January 2013

People and smartphones

Brave New World (The Star)
9 January 2013

They say living in the technological age and being wired to the Web is deemed necessary to get ahead in the modern world.

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I AM a bona fide techno-phobe. It took me years to buy a handphone. Even now I use a model which can kindly be called quaint.

I like it very much though. It is small and, therefore, jeans-friendly.

It has a nifty little game involving the shooting of small coloured balls which I can play when at a loose end. I can call people and send text messages. What more do I need?

Besides, it is one of those phones that flip open, so I look rather like Captain Kirk requesting Scotty to beam me up every time I use it. Cool.

Obviously, I am not one of those who wax lyrical about how beautiful the iPhone 5 is. How it feels so sensual to the touch and how awesome its numerous apps are. “Oh! look at this app, it tells me where I am. How brilliant is that?”

Yes well, if I need to know where I am, I look up and take in my surroundings.

So, even if I was a young man with a pay cheque of less than RM3,000, I won’t be clogging up the Internet with my request for a smartphone rebate.

Now, it seems very generous of the Government to make this offer of RM200 off a smartphone for all these semi-impoverished young folk; it is just that I wonder what it could possibly be for?

Surely it has nothing to do with the thousands and thousands of new young voters lurking around, so why this largesse?

From what I gather, it is to make our youth connected to the Internet wherever and whenever.

After all, we are living in the technological age and being wired to the Web is deemed necessary to get ahead in the modern world.

Really? I wonder.

Has there been a study about what people actually do with smartphones? Do they keep up to date with the news and do research while waiting for the LRT?

Or are they more likely to be Facebooking or tweeting?

Between expanding one’s mind with the virtually bottomless source of information on the information superhighway and writing mindless drivel full of unfathomable short hands and smiley faces, I bet many would choose the latter.

Don’t get me wrong, if it gives you a thrill to announce to the world that you had eaten a most fantastic beef noodle (with the requisite smiley face), then go for it.

I am sure the world is dying to partake in your dietary habits. What I question is whether taxpayers’ money should go into giving you that pleasure.

Perhaps it is important in the modern working environment that one has a smartphone.

I gather that some companies prefer to use the Internet for communication with their employees rather than old-fashioned text messages.

It just strikes me that if you need to be connected to the Internet for work purposes, shouldn’t your employer get you a company phone?

Like I said, I don’t know if there was any research done as to the value of the type of activities that people get up to on their smartphones, so I could be wrong.

If there was work done though, I would sure like it if someone was kind enough to point it out to me.

But they’ll have to call or send me an SMS though – my phone can’t receive anything else.

Tuesday, 8 January 2013

The B Side

BFM the radio station started an online magazine called the B Side. It is generally only accessible via tablets like the i-pad and other new fangled things I don't understand. However, if you are like me and are not tech savvy, the links below would lead you to the articles I have written so far.The title of my column is "Walk on Part" a reference to Pink Floyd's "Wish You Were Here". Since my Selangor Times column is in reference to a movie (Rocky BTW) and the Star column in reference to a book written by Aldous Huxley, I thought a song reference was due!

The B-Side November 2012 -- Boleh fikir mah
http://contentviewer.adobe.com/s/The%20B-Side/dc43599887d043fd8cff1e51c0f2a5da/my.bfm.thebside.2012.november/537.html
The B-Side December 2012 -- The new civil disobedience
http://contentviewer.adobe.com/s/The%20B-Side/dc43599887d043fd8cff1e51c0f2a5da/my.bfm.thebside.2012.december_v2/828.html
The B-Side January 2013 -- The A-List
http://contentviewer.adobe.com/s/The%20B-Side/dc43599887d043fd8cff1e51c0f2a5da/my.bfm.thebside.2013.january/1223.html