Weekend demonstration

Last weekend thousands marched and demonstrated to protest the teaching of Maths and Science in English. Of course the police and the Federal Reserve Unit (FRU) were there to disperse the demo with tear gases and water cannons. We have been independent for 51 years now. We tell the world we practice democracy. Why then are citizens still not allowed to march and demonstrate peacefully? If they want to march and hand over a memorandum to the King, let them do it. Give the organisers a permit to demo to hand over the memo to the palace. It is a joy to see people able to assemble, march and air their views peacefully. GIve them an avenue to vent their frustrations with the policies of the powers that be. No need for violence and assault by the FRU and the police. We should learn from countries like France, US and UK how to go about handling such assemblies. The fact that the powers that be still do not honor such a democratic right is pathetic and shows that we have not matured as a democratic society.

Now about the teaching of maths and science in English, I have no objections with that policy. However there are others who feel they want to study the subjects in the Malay language. I have no objections with that too. Students should be allowed to study in the language they are most comfortable with. As long as they are educated rightly in the subjects. To resolve the problem, allow the subjects to be taught in both languages. Those who want to study in English may attend the classes that teach in English and those who want to study in Malay may attend classes that teach the subjects in Malay. The students and their parents should be allowed to make up their minds about the benefits of studying the subjects in English or Malay. End of problem.

Ketuanan Melayu (Malay Supremacy)

I went to have a foot reflexology massage last Friday. My foot massager was a Malay man from Sabah. He thought I was Malay and he went on discussing the topic of Malay Supremacy (Ketuanan Melayu) with me. He said that the country belongs to the Malays and therefore Malay rights reigned supreme over all the other races who were immigrants in this country until the Father of Independence, the late Tunku Abdul Rahman made a mistake and decided to give them citizenship. He said that if the Malays were not careful, they would lose everthing to the non Malays and this country will end up like Singapore. He was disgusted with the way the Malays were fighting among themselves. He wanted unity of the Malays. He encouraged me as a lawyer to fight for the rights of the Malays to ensure the Malay Supremacy reigns in this country. UMNO is the only hope for the Malays. I felt very disturbed at the way the conversation was going but tried my best to put myself in the position of a Malay to emphatize with my massager. How would I feel about the concept of ‘Ketuanan Melayu’ if I were a Malay? My question was what gives me the special right? The answer lies in the Federal Constitution. So that is where I would have to start.

The important article would be Article 153. Briefly it speaks about the safeguarding of the special privileges of the Malays by the Yang Di Pertuan Agong. ‘Malay’ is defined in the Constitution as mainly ‘a person who professes the religion of Islam, habitually speaking the Malay language and conforms to the Malay customs’. So anybody can be a Malay by this definition if they just satisfy the conditions to become a Malay.

Next, how is one to interpret the article? One must look at the notes or reports of those who were entrusted with preparing or drafting the Constitution - the Reid Commission. The Commission, formed to draft the framework of the Constitution prior to independence had released a report in 1957. According to the Commission, the Article was included in the Constitution to protect the Malays from the other races in the country at the time namely the Indians and the Chinese as the Malays were still lagging behind in many areas – education, business, professionals etc and therefore the special privileges should be given to allow the Malays to progress educationally and economically in all areas in the public and private sector to enable them to compete with the other races. The intent was not to give permanent special privileges to the Malays. It was to be a temporary measure and that can be verified from the Reid Commission report.

The Commission reported that "there was great opposition in some quarters to any increase of the present preferences and to their being continued for any prolonged period." The Commission recommended that the existing privileges should be continued as the "Malays would be at a serious and unfair disadvantage compared with other communities if they were suddenly withdrawn." However, "in due course the present preferences should be reduced and should ultimately cease."

This view is echoed by one of the founding fathers of the nation, the late Tun Dr Ismail who did say that the special privileges provision was to allow the Malays to have a handicap (to borrow an expression from golf) which would place them in a position of fair competition with better players. Therefore like a golfer, it should not be the aim of the Malays to perpetuate this handicap but to strive to improve their game and thereby reducing and finally removing the handicap completely.

Thus from the above, this concept of ‘Ketuanan Melayu’ cannot be sustained. It was never the intention of the founding fathers of this nation. In fact it would go against the spirit of the founding Fathers who were really very simple, humble, principled, selfless but very capable individuals. It is unthinkable that they would have condoned such a title or concept. In fact the concept reminds one of Hitler's Aryan Race- the Master Race and something which our founding Fathers would NOT want to be associated with. It is so egoistic and an unthinkable title for the Malays who were lagging behind the other races at the time. A Tuan cannot lag behind.

After the May 13 1969 riots, Tun Dr Ismail angry with certain extremist Malays warned against such a concept - 'these ultras believe in the wild and fantastic theory of absolute dominion by one race over the other communities, regardless of the Constitution'.

Now assuming i am wrong and assuming that the Malays are the Master Race, then they must qualify to merit such a title. Would the label 'Ketuanan Melayu' make them superior? If they are imbeciles, incompetent, mediocre, inferior and weak, are they fit to be called 'Tuan'? Can they honestly believe themselves to be superior? They live a lie if they think so. It would make a mockery of the title.

To be a "Tuan" or master, the Malays have to earn the title. So they have to be the best in equal competition. They have been given a handicap for 51 years now. Its time they compete with the other races on merit and prove that they are better. They have to show they are a highly moral principled people, a hard working people, a people who excel in whatever they do. They have to show themselves competent and worthy of respect. They have to be the shining example of execellence. They have to show they are clean, efficient, trustworthy. They have to earn the respect. Then even without the title 'Tuan', they will be recognised as 'Tuan'. Even without the title they will feel like a 'Tuan' and people will acknowledge they are 'Tuan'. Only inferior people need titles. A superior people do not need titles. They are superior by thought, word and deed and will be respected and honored by all.

In the case of my foot reflexology massager, instead of just being an employee of a chinese boss, he should own his own reflexology center, be the best foot reflexology massager in town that even the other races would recognise him as "Tuan' in his field.

So for all the Malays out there who believe in 'Ketuanan Melayu', i challenge you to be the best in the chosen field of your endeavor and earn your title. Then and only then, can you even start to talk about 'Ketuanan Melayu'.

Otherwise, better to follow the US declaration of Independence - "We hold these truths to be self-evident, that ALL MEN ARE CREATED EQUAL, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness"

The Great Depression

A legislative assembly held under a tree because of police blockage to the the assembly House, a High court order restraining the speaker from discharging his duties, another High Court order directing that the Anwar Ibrahim sodomy trial be heard in the High Court overturning the ruling of the Sessions Court below - looks like the government of the day is using the police and the judiciary to achieve its goals that is to prevent the opposition run state governments from ruling the states efficiently. The sacredness of the doctrines of separation of powers and natural justice have been defiled, brushed aside and the police (those guys with guns) are on the side of the powers that be. The latter seems to be lacking in will to condemn and and punish those involved in cases of police brutality as can be seen in the Kugan case. The anti corruption agency is also very slow to investigate cases that involve people that are in the circle of the powers that be but very fast to highlight 'wrongdoings' by opposition leaders. This is a frightening scenario for the nation. What about the army (those guys with guns, bombs, tanks, and trained in the art of war)? whose side are they on?

And the ordinary people? They have the economy in mind. They have survival in mind, to make more money to make ends meet. They have to wake up early to go to work like robots to make a living. They have to sit and wait through heavy rains, bear with flash floods, long traffic jams (due to poor town planning), which makes them even more rushed for time, agitated and frustrated. There is no good news from the powers that be to give them the 'feel good' feeling, to allieviate their worries and fears. Instead feed the public with sex scandals and brutal crimes to talk about, encourage conditons of apathy and selfishness so that they have no time to think about lofty selfless ideals, about fighting for good and justice or for bringing about change for the betterment of the nation. Likewise the lawyers who are supposed to be the guardians of Justice and human rights in the country are now being subject to what seems to be a policy to frustrate, humiliate and degrade them in the Jalan Duta Court complex- they are made to sit, stand and wait at the Court corridors while waiting for instructions as to how next to proceed. They are treated like school children or people at the bus or train station waiting to buy tickets. Further lawyers who repesent the powers that be can be confident of winning while lawyers who represent the opposition can be confident of losing. There are those above the law. The rich and powerful can get away with wrongdoings, even murder.

Perhaps that is what the powers that be want. Keep the people preoccupied with their personal problems, keep the lawyers frustrated so that the powers that be can run the country as they wish. No need for transparency and accountability. Only damn the opposition. All the machinery and might of the State (including the Internal Security Act) must be used to frustrate and silence opposition.

We are waiting for a Superman or a Savior to save us from all these ills and evils but there seems to be none in sight. We feel helpless, hopeless, frustrated, angry and insecure. Everyone into himself or herself! The Great Depression is already here..

Death penalty

A lawyer friend of mine was very sad, disappointed, angry, bitter and disgusted today. The reason- his client was sentenced to death by hanging. He is good defence lawyer ( we have done criminal trials together) so i have no doubt that he would have got an acquittal if the judge was fair and competent. He would not have felt the way he did if his client had got a fair hearing. But his client did not get a fair hearing- the judge was not learned and unable to appreciate the law. He lacked judicial skills of judges of the past. He sat and easily condemned a fellow man to death without any sound reasoning. According to my friend, he had submitted for two hours on fact and law until lunch time. Then court resumed after lunch and the judge delivered his decision to send his client to the gallows without giving reasons as to why he disagreed with points of law and fact raised by defence counsel. Given that this is a capital offence case, the judge should have been more careful when delivering his decision. Why not take a few days to consider arguments put forward? Why the hurry to convict the accused and send him to the gallows? Where is the compassion? Where is the patience? Where is the wisdom? Where is the caution? Where is the mercy? Where is the diligence? Are judges hearing too many cases that they have become immune to compassion, to justice, to life? Is the policy just to clear up the backlog of cases so that a judge can be promoted faster? Is the power to send people to the gallows being exercised for the sake of convenience and self interest? Is life no more dignified, sacred and precious? Are our judges experienced enough, learned in the law enough, to be entrusted with power to take away a man's life?

I have already voiced my complaint about the way the new JAC is constituted. The above episode just confirms my phobia about the present way of appointing judges. There are just too many judges coming from the government departments and the Attorney General Chambers. Otherwise lawyers in private practice who have had connections with the government in the past are appointed. Further there are too many Malays judges and too few judges from the other races.

Judges should be first of all compassionate, selflless, honest, of high moral standing, and very experienced and learned in the law. Otherwise they have no business being a judge. They should not take up the post to satisfy their lust for power, fame and glory. They should not go lobbying to be a judge. They should not fear the government, they should be courageous, they should be be fair, they should be humble, kind, graceful and honorable. They should be thorough and sound when delivering judgments. This should come easily if they have the experience in the law and a talent for writing. Their 'God' should be Natural Justice and Truth. The government has too much say in the appointment of judges and that is a real concern. With the political legal suits being filed these days, with so much at stake for the leaders and political parties involved, there is a strong suspicion that the government or the powers that be, want 'their people' to be appointed judges to serve their interest.

As far as the death penalty is concerned, i think life and death is too sacred and important an issue to be left in the hands of a judge. It should be abolished. If the death penalty cannot be abolished, then i think that the jury system should be revived in this country. At least we have group of 12 lay people deciding on the fate of the accused rather then one judge. It is always safer.

Violation of modesty

I have been receiving so many sms-es for 3 days in a row about a certain local lady politician who was photographed in the nude while she was in her home that it began to bother me. How could the media be so heartless and cold? How could the people who had possession of the photographs be so cruel? Do they not know that they are destroying a lady's life here? Is it all about making profits or pleasing their paymasters? Is it politically motivated?

I just got a copy of the NST and it has the lady saying that she has been violated. She says that it was a malicious attack on her and a gross outrage of her modesty. Now the NST also quotes the former Selangor MB as saying "She must resign from all her positions. This is about morality. I cannot accept a lawmaker whose morality is questionable'. Now who is he to talk about morality? Is he so clean, trusworthy and efficient- without sin to pass judgment? Is his morality unquestionable? Has he never been immoral? I wonder if he would have said the same thing if a politician from his own party had been exposed in a similar situation. Or if he would have resigned his MB's post if he was photographed naked in his home? Or is he just playing politics & thinking about winning the Umno elections which is just a month away? By my moral standards, by him judging her, he has just exposed his own immorality. With leaders like him, the country is headed down the road to perdition.

I am told the lady is single so she is entitled to have boyfriends isn't she? Now what is wrong with being naked in one's own home? Rumours say she was with her ex boyfriend who took the photographs while she was naked and asleep on the sofa. Is that her fault? It could happen to anyone of us in these days of the 'eagle eye' or should i say 'evil eye'. So what if she is with her ex boyfriend in her home? She is not a moslem. Are we to judge her by the laws of Islam? It is the norm these days for couples to stay together before they get married. That does not make them bad, immoral or dishonest people.

As a result of the circulation of the photographs, she has now decided to resign and that means a possibility of another by election. This is an horrific example of how low some people will go to bring another person down. How much did the ex boyfriend get for selling the photographs? Are her political rivals behind the whole affair? Is there hidden agenda?

The question now arises if she should still be allowed to carry out her duties as an elected representative of the people or should she resign? Some are calling her to step down. A friend of mine told me that people say she should as if she did not, everytime men see her, men will get aroused and excited. Is that her fault or the men's fault? Men being men will undress woman anyway if they are pretty and sexy. So lets not be hypocrites. After all, once upon a time, we walked the earth naked and mated without restraint. Polygamy was the norm. Propagation of the species was the priority.

Now who among us have not been nude in our homes? Or slept nude on our beds or sofa? If not just walking around naked, admiring ourselves in the mirrors of our homes, maybe in the act of pleasure itself? So i cannot see why this lady's private matter has been blown out of all proportions. Perhaps somebody wants to force another by election. There are already two coming up. If that is the case then the means adopted is most evil as the poor lady is now in great humiliation, anguish and misery. I do not think she should resign. I think she is an honest politician as she has not denied that she was in the photograph. We need more honest politicians around. She has even offered to resign. That shows sacrifice- she is not putting herself first. She is being selfless. We need more selfless politicians.

Those calling her to resign are judging her. They think themselves superior over her. They think they are infallible and without sin. They do not look at themselves and the filth in their own minds and hearts. They want to take out a 'saw dust' from her eye when there is a 'plank' in their own eyes. They forget all the good this lady has done in the past, they don't focus on the whole of her life and instead focus on the one 'mistake' that she has made and judge her on that mistake alone. They know nothing about forgiveness as they do not want to let go of her throat. They judge with their moral religous laws but they do not realise that those very 'God given laws' are God's mirrors to them to reveal just how filthy their hearts really are. Mirrors can't clean their filth away. What they need is more love, compassion and mercy when dealing with others. That is the right way to act and to purify their hearts, to become more moral.

I hope that the lady finds all the support, encouragement and love that she deserves and that she will carry on serving the public for the rest of her term in office. I also hope that the media focus its attention on the government's performance in tackling the global economic crisis facing the country that i have been harping about rather than nude photographs of politicians.

Insight

We all get insights. It may be right or it may be wrong, only time will tell. This is an insight i have got recently:-

We breathe even though we are not conscious of it. Likewise we digest food unconciously. When we go into a deep sleep, the body functions normally unconciously. It is the natural way. It is always simple, unconscioused and eased way. The way as it is. It is only when the 'i' & its affairs come into the picture that interrupts the natural way & makes everything unnatural, complicated, difficult and dis-eased. The 'i' is the trouble maker..the body is in the mind and not vice versa. If the mind is filled with 'i-ness', which brings suffering, the body being a product of the mind and still exist in the mind will be so conditioned to make it dis-eased.

How to make this country great

When we read the papers today all we read about is about politics. The powers that be do not seem to appreciate fully the threat of the economic crisis. This is a clear sign that the leaders are not matured and not competent to lead the nation to heights of greatness. At a time when there is a need for unity, the leaders of the ruling party keep emphasising on disunity- they play politics to disunite the people.

I propose the following be acted upon to make this country great:-

The introduction of a new economic policy, where all citizens of the country are regarded as equal and a policy that distributes wealth equally and reduces the gap between the rich and the poor........ implementation of policies which pay special attention to the poor and those who are lagging behind the rest.......the introduction of anti discimination laws with strict punishment on those who discriminate.........the introduction of a race relations Act with strict punishment on those who are racists and implement policies that divide based on race...the abolishment of UMNO, MIC and MCA in short the end of any party that is based on race....the introduction of a policy based on merit in the public and private sector (including education) which rewards those who are competent, have talent and ability regardless of race, sex or creed.....the abolishment of any or policies and laws that divide the peoples- that means the end of special rights for certain peoples, the end of the special rights of the people in Sabah and Sarawak, that means equal opportunity for education, trade and making of wealth for all citizens in any of the states in this country......the introduction of special muhibbah companies (instead of bumiputera companies) comprising of specially qualified persons of all races to be sent overseas to invest just like what Temasik does for Singapore........the establishment of a specialised sports body comprising of the only the best sportsmen and sportswomen and qualified young and dynamic persons to ensure that glory is brought back to the nation through sport, in particular football, hockey and badminton..........the implementation of a new education policy where Bahasa Malaysia can be the medium of instruction in national schools but where all students will have to study English, Mandarin and Tamil as well. Other languages can be offered as options as well. All students should also be required to attend philosophy classes where they are thought the fundamentals of Islam, Hindusm, Chrisitianity, Buddhism, Confuciousim, Sikhism- all faiths that exist in this multiracial country...........the implementation of a financial system that is dynamically caring and compassionate to all......the abolishment of religous, tamil and chinese schools as this divides rather than unites. However the attactive and good policies used in these schools will be carried over to the national schools..........To open this country to foreigners who want to do business without imposing any quota or restrictive policies on them, to allow them very special incentives so that they choose to invest here rather than any other country in Asia...........To invite qualified or talented foreigners to come to this country and practice their trade or share their talents by serving our communities........To implement policies that encourage and promote healthy competition rather than restrict competition........To abolish all protectionism policies........To prevent our talented and qualified citizens from migrating or working overseas. To attract those who are overseas back to the country with attractive policies.........the political will to have a free media and press......the political will to have a free and independent judiciary........ the political will to have a free and independent Attorney General Chambers and Anti Corruption Agency.......The political will to distribute wealth and development to all states equally........The political will to produce citizens who have high ideals and moral courage...The political will to prosecute all those who have siphoned off the country's wealth in the past and to recover this lost wealth to the people....To implement the policy of 'Bersih Cekap dan Amanah' but this time to do it correctly once and for all...To start negotiations to bring Singapore back to Malaysia and to invite Brunei to join us too.

The leaders of this country seem not to want the above proposals to be implemented. Instead they seem adamant to put obstacles to their implementation. Their conduct shows they do not have the intention of making this country great, rather they think of how to make themselves great and rich..It is a recipe for disaster for this nation in the long run.