Old poison, new bottle

Source :- Free Malaysia Today   April 13, 2012

We want the government to seriously respect our civil and political rights. What we don’t want is the feel good factor, says DAP MP Charles Santiago.

COMMENT

By Charles Santiago

Its not easy to figure out what’s happening in Malaysia. We have a government that back tracks on promised reforms, flip flops on decisions and tries to deliver its nonsense on a silver platter to the people.By Charles Santiago

Prime Minister Najib Tun Razak croons the country is ready to enter a new era, with heightened maturity – whatever that means is vague because the proposed amendments and dismantling of various laws in Malaysia are merely cosmetic changes.

Malaysia is one of the 16 countries which have not ratified the United Nations Convention on the Elimination of Racial Discrimination (CERD). The country’s institutionalised racial discrimination had contributed to a severe brain drain, with 1.4 million people with tertiary education having left the country.

And yet the government has pulled back plans to table a legislation, in Parliament, to do away with hate crimes and weed out racial discrimination. Mohd Nazri Abdul Aziz, minister in the Prime Minister’s department, attributed this about turn to being able to manage our race relations better.

Last year we saw school teachers and a principal using racial slurs to ridicule Chinese and Indian students. To top that, Malay rights group, Perkasa, was openly inciting racial tension by spewing venom.

The Lesbian, Gay, Bisexual and Transgender (LGBT) community has also come under severe attacks recently. The organisers of Seksualiti Merdeka, an annual festival of talks, shows, forums and film screenings to promote sexuality rights have been targeted, ridiculed and threatened.

In 1994, the government banned anyone who is homosexual, bisexual or transsexual from appearing on the state-controlled media. We have not progressed to curb such explicit hatred against the LGBT community since then.

In 2010, the Film Censorship Board stated it would only allow the depiction of homosexuality if the characters repented or died.

Now we have some segments of society suggesting individuals from the marginalized LGBT community must be banned from appearing on air altogether.

And yet the legislation to root out hate crimes is on the back burner.

‘We want true democracy’

Even though Najib has been trumpeting the fact that he did away with three Emergency Ordinances, we know better as other crucial reforms are simply shadow play.

For example, the Security Offences (Special Measures) Bill is not a radical shift from the draconian Internal Security Act (ISA) which allows for indefinite detention. The new Bill still allows for indefinite detention up to 28 days from the 60 days under the ISA.

If this is what Najib means by revamping the judiciary, he better think again for any indefinite detention poses a grave threat to fundamental liberties. And Human Rights Watch candidly sums this up by saying that the failure to bring a detainee before a judge, without any delay, violates international standards for prompt judicial review.

The Bill also gives wide powers to the police. Holding detainees up to 48 hours opens the channel for abusive interrogation. And we have seen one too many cases of police abuse while in detention. Between 2003-2007, there were 1,535 custodial deaths in the country.

Under the new Bill, the police would have the power to intercept communication and conduct searches without judicial warrant. It would also permit the police to unilaterally place monitoring devices on people who are released from detention and allow a blanket provision to deny bail.

Is this how Najib and his government want to treat a matured society? Does the prime minister truly believe that passing off a proposed law which allows for serious infringement on personal and civil liberties as reform would go unnoticed by the people?

We want true democracy. We want the government to seriously respect our civil and political rights. What we don’t want is the feel good factor.

The renowned poet, Hafiz, said “Not even seven thousand years of joy is worth seven days of depression”. Maybe Najib could learn from his poetry.

Charles Santiago is DAP’s MP for Klang.

 

真心改革就废除内安令煽动法 民联看衰纳吉宣布仅公关伎俩

Source: Malaysiakini (Chinese Version)

据悉，首相纳吉将在今晚宣布三项“小开放”政策，包括修改内安令，放宽集会与媒体自由。对于这种发展，民联持有保留态度，并提醒纳吉，若真心改革，则他应该汲取民联的建议。“若首相真要给大马人民带来实质的改革，则他应该听取我们的建议。”公正党梳邦区国会议员西华拉沙是今天召开民联财政预算案草拟委员会记者会时，发表上述的看法。

未完全做到就不可被接受

西华拉沙（右图）强调，只有完全废除恶法，例如内安法令、紧急法令和危险毒品法令，则改革才可以称得上是有实质意义的。

他强调，若未能完全做到，就不可以被接受。

针对纳吉或修改媒体相关法令，西华拉沙表示，纳吉也应同时废除煽动法令和官方机密法，因此这些恶法严重限制了媒体的自由。

【点击观看现场录影】

查尔斯：公关伎俩挽民意另一方面，行动党巴生国会议员查尔斯圣地亚哥也发表文告，不看好纳吉最新的改革行动。他表示，就好像之前的热门字眼如新经济模式、国家关键绩效领域，“更大民主空间”预料也将随着纳吉今晚宣布重大改革后，成为下一个热门的字眼。

不过，他认为，这只会是一个公关伎俩，来挽回首相日益滑落的民望。

“这个今晚即将宣布的更大民主空间，只会是一系列没有太大变化的措施，以制造国阵政府关注人民利益的形象。”

“这是旨在挽回他因为处理净选盟集会不当、无法解决生活费高涨，以及对国际社会谴责大马侵犯难民权力，而下滑的民望。”

促政府制定资讯自由法令

查尔斯（左图）也表示，如果首相是认真改革，那么他就应该修改宪法，多加一项条文表明：国会不可通过任何法律，侵犯言论自由、媒体自由、集会自由，以及要求政府解决不满。

“此外，首相在其演讲中也应该宣布，制定资讯自由法令，并且列出步伐禁止政党或商业伙伴控制媒体。”

他强调，只要纳吉今晚的宣布缺乏这些要素，就不是一个真正的改革。

首相幕僚消息指会有开放

首相今晚大马日前夕将通过国营电视台发表电视演说作出“重要宣布”，因此引发外界关注，相信是和之前盛传的修改内安法令行动有关。

根据媒体引述首相纳吉幕僚消息指出，首相预料将宣布修改备受争议的内安法令，缩短无审讯扣留期限。

此外，为了回应早前的净选盟集会，政府也会放松集会和言论自由相关的限制。

这包括松绑审查制度，以及媒体出版准证的规定。

 

Najib’s does a Houdini on democracy

Sourcec: Free Malaysia Today]

September 16, 2011

Without the specifics, Najib’s reform promises are nothing but mere hot talk, says Charles Santiago.

COMMENT

By Charles Santiago

I would not celebrate. Not just yet. Prime Minister Najib Tun Razak’s announcement to repeal the Internal Security Act (ISA) is welcomed. But I would have been happier if it came with no catch.

Whichever way I look at the announcement, it is clearly a victory for the people – the thousands who took to the streets demanding that ISA be repealed, the detainees who fought for the archaic law to be abolished as it strips people off dignity and the human rights activists who worked tirelessly, denouncing the Act.

But Najib is replacing ISA with two new laws. We are unsure of the ambit of these laws and it’s unclear if it would still make provisions for arbitrary arrests.

Whatever little we know now is enough to make me look at Najib’s “greater democracy” speech with suspicion. And especially as the government is tinkering with the idea of bringing in an  Anti-Terrorism Act which would mirror the US Patriot Act.

In the US, this Act dramatically reduced restrictions on law enforcement agencies to search financial, business, medical and telephone records, expanded the powers of these agencies, gave the immigration wide discretion to detain and deport immigrants suspected of terrorism-related activities and conduct surveillance on individuals suspected of terrorist-related activities even though they are not linked to terrorist groups.

In short anyone and everyone suspected to be linked to terrorist organizations could be nabbed, humiliated, subjected to long-hours of interrogation and charged at the prerogative of the government. And all because terrorism is a sexy word and one that is used to bulldoze through a person’s life.

Under the ISA, the Home Minister had the power to do just that. So where is the change, I am wondering.

Making it more difficult for media

And what media freedom exactly? As I look at it, the media organizations would still be under the watchful eye of Umno and the Barisan Nasional government.

Replacing a licence which needs yearly renewal to a one-off permit that could be revoked if the media organizations did not dance to the tune of the government does not amount to further freedom for the media workers.

In fact, Najib made it even more difficult for the media organizations as there is no way to challenge the Home Minister’s decision to revoke a publishing licence.

In essence, it means that papers and TV channels would have to shut down if they wrote or reported on issues which the government is not happy about.

The premier, to make my suspicion worse, did not raise crucial provisions under the Sedition Act or Official Secrets Act. Both these laws limit the freedom of media workers.

Najib has promised amendments to Police Act to grant greater freedom of assembly but warned against street demonstrations. And we still need to write in for permits for peaceful rallies.

However hard I try, it’s incredibly difficult to give credit to Najib’s so-called slew of reforms for a better Malaysia. These policy changes are his boldest announcement since he came to power. In his speech Najib also said that heading towards a bolder democracy was risky but crucial for his government to survive.

Therefore, it’s obvious that Najib is making hasty decisions to bolster support for himself and Umno ahead of the general election, which is widely expected to be held within the next six months.

Najib’s popularity took a dip following the way he mishandled the Bersih 2.0 rally. From a high 72% popularity rating in June 2010, the Merdeka Center survey showed a 59% support level recently.

Now Najib has a bigger headache to handle and it would be exciting to see how he pacifies the right-wing faction within his own political party, who were never happy with efforts to shake the status quo. Either that or the premier would, again, make a U-turn on these policy changes.

He was too weak to keep his promise of allowing Bersih 2.0 to use any stadium to hold a peaceful protest and unwilling to take on Perkasa for the rubbish dished out.

When I re-look at Najib’s speech text, it becomes clearer that he has done a Houdini. Without the specifics, this is nothing but mere hot talk.

The devil is in the details. And Umno cannot be trusted.

Charles Santiago is DAP’s Klang member of parliament.

 

அறுவருக்கு காவல் முறையல்ல

மூலம் :- மலேசிய நண்பன்

 

Abolish the ISA & Repeal Restrictions Attached to the Release of Detainees

Press Statement by MP Klang Charles Santiago in Klang on 7th April 2009

I welcome the decision by Malaysia’s new Prime Minister Najib Tun Razak to release 13 prisoners who were detained under the Internal Security Act or ISA. I also laud his move to lift the ban on two opposition newspapers.

But Najib’s announcements come at the time of three crucial by-elections which would gauge peoples’ support for the newly-minted premier. Therefore, it raises doubts as to whether Najib is strategising to manipulate pertinent issues to shore up his support within ruling UMNO and the people and entrench his position as the nation’s 6th premier.

It is clear that Najib is under pressure to portray himself as a democratic leader to neutralise allegations of corruption and links to the lurid, sensational murder of the Mongolian model, Altantuya Shaariibuu.

The nation has bore witness to the initial clampdown on fundamental rights by Najib in a bid to bolster support for himself ahead of the UMNO elections.

Peaceful demonstrations were forcefully stopped by baton-wielding policemen, candlelight vigils were banned and Jerit cyclists were repeatedly harassed before they were allowed to submit their memorandum, calling for basic rights, in Parliament.

The list goes on. Bloggers were continuously persecuted and a private investigator who gave a sworn statement implicating Najib in the murder of Shaariibuu is still missing.

But we see a sudden reversal of his policies as Najib takes over the top job in the country. It is clear that these decisions have not been given careful thought and were implemented to sway voters in Bukit Gantang, Bukit Selambau and Batang Ai to cast their votes in favor of BN candidates.

But the rakyat cannot be fooled. As such, I urge Najib to be consistent in his leadership to uphold the principles of democracy, accountability and good governance.

Furthermore, these actions alone by Najib are not enough. The ISA negates the grains of democracy by disallowing detainees to be charged in an open court. It is a draconian, archaic law which has long passed its expiry date.

Najib’s unexpected release of the 13 individuals candidly reflects that their arrests were unlawful and unwarranted. Therefore, I strongly urge the newly-minted premier to abolish the Act and release all other ISA prisoners with immediate effect.

I call upon the Prime Minister to reverse the continued punishment inflicted upon the two recently released Hindraf leaders and others. Their right to free movement and free speech has been curbed for a year. Such punitive measures do not augur well in building confidence in the reform and renewal strategy that Prime Minister Najib Tun Razak proposes for the nation. 

Najib has just taken over an unenviable job from former premier Abdullah Ahmad Badawi. Frivolous and hasty decisions, implemented to fool the people, will not help the government to regain the confidence of Malaysians including the yet- to- be- defined – One Malaysia. People First. Performance Now – phenomenon.

Charles Santiago

Member of Parliament, Klang

016-626 7797.

巴生国会议员查尔斯圣地亚哥文告，2009年4月7日于巴生

废除内安法令，还获释者真正自由

我欢迎大马新首相纳吉释放13个内安法令扣留者的决定，也对解除两份党报的决定予以表扬。但是纳吉的宣布适逢三个重要的补选，选举成绩将能测量人民对新首相的支持度。所以，令人质疑纳吉是否操纵议题以赢取巫统内部和人民的支持，也藉此巩固第六任首相的位置。

再明显不过，纳吉是在压力下才把自己包装成民主领袖，以消除贪污指责和涉及蒙古女郎阿旦杜亚谋杀案的负面印象。

纳吉曾不择手段打压基本人权，以争取巫统党内的支持，这是有目共睹的。

和平示威被镇暴队驱散，烛光会被禁止，被压迫人民大联盟到国会提呈备忘录之前，他们的骑脚踏车活动不断被警察干扰。部落客接二连三地被提控，私人侦探巴拉由于发表宣誓书暗示纳吉涉及阿旦杜亚谋杀案而失踪至今。

纳吉接过首相位置后在政策上大转弯。这些决定并没有经过深思熟虑，只是为了替国阵候选人在武吉干当、武吉士南卯和巴当艾补选中争取更多选票。

但是人民并不笨。我促请纳吉维护民主、负责和良好治理的原则并贯彻到底。

纳吉需要推动更实质的改革。内安法令违背民主精神，它否决扣留者获得公平审讯的权利。这是一个残酷而过时的法律，早就该被历史淘汰。

纳吉出乎意料释放13个扣留者，也显示之前的逮捕是违法和不合理的。因此，我促请新任首相马上废除内安法令和释放所有扣留者。

我呼吁首相解除对两个兴权会领袖和其他获释者施加的禁令。他们将被剥夺一年的人身自由和言论自由。这个禁令让人对纳吉承诺的改革和新策略失去信心。

愚蠢和急促，并用以愚昧人民的决定，将无法协助政府重获人民的信心，包括还没有详细诠释的“全民大马”概念。人民第一，交出成绩，希望不只是信口开河。

查尔斯圣地亚哥 敬上

巴生区国会议员

雪州行动党副主席

016-626 7797.

 

民间党团纷纷非议警方 选择性对待两组集会者

Source : Merdeka review

Title : Civil society and parties condemn police’s arrest a selective persecution

■日期／Nov 24, 2008 ■时间／07:29:13 pm

■新闻／家国风云   ■作者／本刊记者

【本刊记者撰述】警方昨晚在雪兰莪州班丹英达阻挠民间党团举行反对《1960年内部安全法令》集会，还粗暴逮捕至少七人；马来西亚律师公会、国际透明组织马来西亚分会及在野党国会议员今天纷纷谴责警方剥夺平民举行和平集会的权利及奉行“选择性检举”的手段。

原定昨晚九时在班丹英达（Pandan Indah）安邦再也市议会草场举行的反对《内安法令》露天集会和演说，在细雨中开始举行不到五分钟，即被人数远比集会者多的警察和镇暴队以武力强行驱散，至少七人还被警方逮捕。【点击：镇压反内安法集会 警方粗暴逮捕七人】

马来西亚律师公会主席安碧嘉（Ambiga Sreenevasan）今天傍晚发表声明说，警方昨晚以高压手段对待行使言论自由及集会自由权利的平民，违反民主规范，尤其是警方只对付反对《内安法令》的一方，却放任支持《内安法令》的另一方，这种处事手法是“选择性检举”（selective persecution）。

在反对《内安法令》集会举行之际，另有一组“支持《内安法令》”的人也举行集会，从吉隆坡的历史大厦（Wisma Sejarah）游行至敦拉萨警察局。安碧嘉说：“这两场集会都是百姓以和平方式宣扬看法，合法行使《联邦宪法》赋予的和平集会的权利，但是只有其中一组人，即反对《内安法令》的那组人，成为警方逮捕的目标。”

安碧嘉认为，警方公然镇压和平集会是个令人担忧的趋势，尤其是发生在一个宣称尊重人权的政府单位。她说，政府必须摈弃以这种手段对待平民，反之要保障公民举行集会表达看法的权利。

警方应遵守国际执法标准

国际透明组织马来西亚分会（Amnesty International Malaysia）也发表声明非议警方展开选择性的逮捕行动，并重申《1960年内部安全法令》违反人权，是我国不公义及虐待的象征，政府应接纳民间促请废除这道恶法的立场。

该会说，警方昨天以截然不同的态度对待两组集会人士，清楚证明了警方任意、不公正及选择性逮捕和不公平干预的手段。

“我们遗憾的是，警方继续漠视举行和平集会及个人自由的宪赋权利，尤其是皇家警察委员会及马来西亚人权委员会曾多次重申这点。继续镇压和平集会，显示漠视人权标准与原则。”

该会强调，警方有责任遵守联合国制订的国际执法标准，执行任务时必须维护所有人的人权。

另外，民主行动党雪兰莪州巴生区国会议员查尔斯圣地亚哥（Charles Santiago）也发表声明说，昨晚的事件显示警察的高压手段，滥用权力和不宽容对待政府的异议者；“虽然警察只是根据政治主子的命令行事，但他们须明白真正应该服务的对象不是剥夺人民民主权利的政府。”

查尔斯非议说，察逮捕在野党从政者、人权份子及公民组织成员的效率特别高，但若执政党和政府支持者举办街头示威和游行，警察却扮演保护示威者的角色；同样是在昨天，500人拉开布条在吉隆坡敦拉萨路上游行示威，支持政府使用《内安法令》，这是怀有恶意的双重标准。

“《内安法令》在这年代已不适用，政府用《内安法令》打压异议是个不光彩的事实。否定人们接受审讯的权利违反民主的基本原则，难容于当今的民主政治潮流。”

 

Stop the Attack on Civil Society & Press; Institute IPCMC now

PRESS STATEMENT

 

Date : 24 Nov 2008

 

I strongly condemn the use of force by the police against the peaceful demonstrators and arbitrary arrests of seven people who had gathered in Ampang late Sunday to call for the repeal of the Internal Security Act (ISA).

 

According to eye-witness reports the anti-riot police moved in on a small group of protestors as they were preparing to disperse following a speech by PAS Vice President Mohammad Sabu, who told the crowd that no police permit was given for the gathering.

 

This is a repeat of the clampdown by police in Petaling Jaya two weeks ago against peaceful demonstrators who were preparing to end their candle light vigil following the national anthem.

 

This reflects the highhandedness of the police force, abuse of power and non-tolerance to dissent by the government. Although it is clear that the police act upon orders of their political masters, it is time they understand that they do not work for the government.

 

While the police are quick to arrest opposition politicians, human rights workers and members of the civil society, they act as protectors during streets protests organised by ruling parties and groups which support the government.

 

The police force stood guard for 500 people who demonstrated early Sunday along Jalan Tun Razak, backing the government on the use of the ISA. This is blatant double standard.

 

I would like to send a clear message to the representatives and members of the Heritage Associations, Malay Cultural Organisations and Related Bodies Cooperation Network (Pewaris) – the ISA must go.

 

It is an outdated relic. The unvarnished truth is that the government uses it to silence the voice of dissidents in the country as it allows for detention without trial. Denying a person the right to legal representation goes against the fundamental principles of democracy and has no place in a modern democracy.

 

To believe lies fed by the government that ISA helps to prevent the outbreak of problems that might hamper national security is nonsensical.

 

We are also noticing a disturbing trend during street protests – friends from the media told me that they were shoved and shouted at by the policemen during the ISA rally in Ampang.

 

Journalists, cameramen and photographers have been targeted by the police since the unprecedented electoral gains by the opposition at the March general election. Local and foreign media workers have been beaten and also verbally abused prompting them to lodge police reports and submit a memorandum in Parliament.

 

The attacks against journalists must stop.

 

Let us look at what the government is doing – it is tightening the noose on democratic space, using preventive laws to jail dissidents and vocal critics, clamping down on the peoples’ rights to freedom of speech and expression and attacking journalists.

 

These are not attributes of a progressive government. It does not just reflect retrogressive approaches but gives us glimpses of the future government under the leadership of current deputy Prime Minister Najib Tun Razak.

 

It shows a nervous government banking on fear tactics to stay in power. But what UMNO and its ruling allies fail to observe is the perseverance of the people. The anti-ISA candle light vigils and rallies have not stopped in the face of threats of arrests.

 

In reality, people are taking bold decisions to voice their dissatisfaction with the ruling government, preventive laws, abuse of police and ministerial powers, corruption and cronyism.

 

Let us keep at our efforts to abolish the draconian ISA. Let us come together and demand for the setting up the Independent Police Complaints and Misconduct Commission (IPCMC).

 

I also strongly urge the police to unconditionally release the seven protestors, Hindraf Five and all other ISA detainees.

 

 

Charles Santiago

Member of Parliament, Klang

016-6267797

 

停止攻击公民组织和媒体，马上设立独立警察投诉与行为不检委员会（IPCMC）

English statement : Stop the Attack on Civil Society & Press; Institute IPCMC now

新闻文告

日期 ：2008年11月24日

我强烈谴责警察上星期天在安邦滥用权力和任意逮捕七位公民。他们只不过是行使集会自由的权利和要求政府废除内安法令。

根据目击者，当200名集会参与者准备解散，回教党副主席莫哈末沙布向群众说明该集会没有警察准证的时候，镇暴队开始冲入人群并展开逮捕行动。

这是两星期前八打灵再也净选盟周年纪念，警察在国歌声中逮捕集会者的镇压的重演。

这显示警察的高压手段，滥用权力和不宽容对待政府的异议者。虽然警察只是根据政治主子的命令行事，但他们须明白真正应该服务的对象不是剥夺人民民主权利的政府。

警察逮捕反对党政治人物、人权份子和公民组织成员的效率特别高，但若执政党和政府支持者举办街头示威和游行，警察却扮演保护示威者的角色。同样是上星期天，500人拉开布条在敦拉萨路上游行示威，支持政府使用内安法令。这是怀有恶意的双重标准。

让我清楚告诉参与示威的古迹协会、马来文化合作网络会员和代表 – 废除内安法令是在所必行。

内安法令在这年代已不适用。政府用内安法令打压国内异议是个不光彩的事实。否定人们接受审讯的权利违反民主的基本原则，难容于当今的民主政治潮流。

政府表示内安法令可以阻止威胁国内安全的问题的爆发，这是完全没有道理的。我们也注意到街头示威的一个令人不安的倾向 – 新闻从业员告诉我，他们在安邦的反对内安法令集会中被警察推开和喊骂。

自从反对党在三月大选取得前所未有的胜利，记者和摄影师一直成为警察的针对对象。本地和国外新闻从业员因为被殴打和语言威胁，不得不报警及到国会提呈备忘录。

对新闻从业员的攻击必须停止。

让我们看看政府在做什么 – 缩紧民主空间，使用预防性法律扣留异议份子，压制人民的言论和表达自由权利，以及攻击新闻从业员。

这样的做法无法打造一个进步政府。这不只是民主的倒退，也让我们一睹未来的政府在现任副首相纳吉的领导下会是怎样的局面。

这显示紧张的政府斥诸恐惧战略以保住权力。但是巫统和其国阵成员党忽略了人民的决心。反对内安法令的烛光会和集会在面临逮捕的威胁下没有停止。

实际上，人民已下定决心向政府表达他们对预防性法律，警察和部长滥权，贪污和朋党文化的不满。

让我们继续斗争以废除残酷的内安法令。让我们一起要求设立独立警察投诉与行为不检委员会（IPCMC）。

我也强烈促请警察和内政部长无条件释放七位被扣的示威者，兴权会五人和所有内安法令扣留者。

查尔斯圣地亚哥 敬上

巴生国会议员

016-6267797

 

Source : Vimeo

 

Larian ISA simbol bantahan rakyat

Sumber : Sinar Harian 18/11/08