| 重审司法危机启动转型正义 民权委会遗憾内阁拒绝道歉 |
| 4月5日 晚上9点23分 |
| 吉隆坡暨雪兰莪中华大会堂民权委员会于内阁拒绝首相署部长再益依布拉欣提出政府向1988年司法危机受害者致歉的建议，深表遗憾，这显示首相阿都拉领导的政府并未痛定思痛，以具体的改革与崭新的姿态，回应选民意渴望改革的重大共识。 另外，民权委员会欢迎首相署部长再益提出“遴选法官委员会”以制度化委任和擢升法官，这是推动司法改革的重要一步，而司法改革是整个体制改革的重要部分，将有助于催化全面的体制改革，推进自由民主。 隆雪华堂民权委员会主席谢春荣发表文告表示，司法危机重挫司法独立，侵蚀民主体制，其恶果延续至今，亟需予以平反，恢复正义。 “不过，仅仅止于公开道歉是不足的，这只是政府为国家历史非正义致歉的一个部分，其他还涉及连串的政府责任和社会道义的问题，不应该以此推诿其他更重要责任。这其中以追究真相与责任、纠正与恢复制度公正、补偿受害者三者最为重要。” 国家处于变革十字路口 民权委员会认为，政府应该承担历史责任，接纳律师公会等非政府组织呼吁设立独立调查委员会建议，重新审查1988年司法危机事件。 “该事件是建国以来，政府行政机构滥用权力的最大丑闻，导致司法沦为附庸，使人权与民主法治受破坏，为压制性体制种下祸根。” “今天国家已经处在变革的十字路口，政府应该鼓起勇气纠正历史错误，唯有修正重大错误，国家才能往前看，与过去和黑暗划下休止符，开启光明的未来。如今改革呼声抬头，更有政治条件与民意基础推动改革，政府应该呼应民间共识，切实推进改革，告别强权政治。” “过去民权委员会呼吁启动转型正义之讨论。所谓转型正义就是指社会体制在面临更自由民主开放的根本改变中，社会成员提出厘清、补偿、纠正过去威权体制所造成的压制性伤害。这正切合了今天的历史需要。” 林甘影片曝露司法黑幕 民权委员会认为，不能再重犯历史错误，再次妄顾司法制度败坏。 “林甘影片事件暴露了司法界的重重黑幕，如果不纠正法官委任和擢升程序，将难以恢复司法界的公信力。因此，政府应认真看待“遴选法官委员会”的建议，并强化其公信力，纳入法官代表、律师公会代表、检察官代表、非政府组织代表，使其运作透明，行事严谨。” http://www.malaysiakini.com/news/80944 |
Monday, April 7, 2008
民权委会:重审司法危机启动转型正义
Star : Santiago: Levy not a good idea
Sunday April 6, 2008 /story.asp?file=/2008/4/6/nation/20856697&sec=nation
Santiago: Levy not a good idea
By CHRISTINA TAN
PETALING JAYA: Instead of imposing a levy on employers of foreign workers, Selangor can introduce a minimum wage as a way to reduce the use of foreign workers and encourage employers to hire locals.
Employers could transfer the burden of the levy to their foreign workers by deducting their already meagre salaries, said Klang MP Charles Santiago, an economist.
"However, a minimum wage for all (local and foreign workers) would allow fair job opportunity between the local and foreign workers and this is the only way to stop migrant workers into Malaysia.
"The state government has to decide on a minimum wage for workers in each sector – such as plantation, technical, services and factories – to stop companies from continuing to use foreign workers who are paid low salaries," he said in an interview.
He was commenting on Mentri Besar Tan Sri Khalid Ibrahim's proposal to collect RM9 monthly from employers of all migrant workers in the state to use as a fund to retrain unemployed youth.
He said the government could learn from the other countries about the employment of foreign workers, where employers must convince the government the use of foreign workers was necessary before they were allowed to hire them.
Santiago, who is also director of the non-governmental organisation Monitoring Sustainability of Globalisation, said many employers did not pay the salaries of their migrant workers. When workers run away, they become illegal and that led to problems.
He said Singapore had a large number of foreign workers but did not have problem of its own citizens not getting jobs.
"It is unfair to give reasons like local workers don't want to work in certain sectors and put the blame on migrant workers as the reason why Malaysians are not getting jobs."
On manpower training centres, he said the quality of training was poor and this led to complaints that local workers were not efficient.
The technical or vocational centres must also ensure that the number of people trained met private sector demands, he said.
"There is no point in producing 1,000 hair-stylists when only 500 are needed," he said.
http://thestar.com.my/newsMonday, March 24, 2008
Star : Suhakam: Socso needs more Indian officers
Suhakam: Socso needs more Indian officers
THE Human Rights Commission (Suhakam) has urged Human Resources Minister Datuk Dr S. Subramaniam to look into revamping Socso.
Suhakam Commissioner Datuk N. Sivasubramaniam was quoted in Tamil Nesan as saying that more Indian officers were needed to deal with the problems faced by Indians in submitting their claims.
He said many Indians were forced to pay exorbitant fees to middlemen for help in filling the necessary forms.
He said that the Indian officers would be able to help the workers affected by industrial accidents by guiding and helping them to file their claims and get their compensation through proper channels without delay.
He said the number of union representatives appointed by the Human Resources Ministry to advice the workers on submitting their claims must be increased.
There are now only four.
http://www.thestar.com.my/news/story.asp?file=/2008/3/24/nation/20733111&sec=nation
Star : Group: Pick councillors from Opposition parties
Group: Pick councillors from Opposition parties
PENANG: The new state administration should prove that it is a “truly democratic” government by appointing Barisan Nasional members as municipal councillors.
This would show that the DAP-PKR administration was a model for democracy because it was willing to appoint councillors from other parties although they did not win in the recent general election, state Khek Association president Datuk Dr Cheah See Kian said at the association’s AGM yesterday.
“Barisan has 11 assemblymen who are all Umno members. Although no Gerakan, MCA or MIC candidates were elected, representatives from the Barisan coalition should be considered for positions in the Penang and Seberang Prai municipal councils.
Dr Cheah lauded the new administration’s decision to appoint 10 NGO representatives to serve in the Penang and Seberang Prai councils.
“We do not need the government to make many promises. What we want is for the administration to be transparent and efficient,” he said.
He also urged the new administration to continue pushing for Penang’s listing by Unesco as a world heritage site and to look into setting up a new aquarium-cum-research centre.
State Local Government, Traffic Management and Environment Committee chairman Chow Kon Yeow, who was at the AGM, said the DAP’s ultimate aim was to restore local government elections.
“Until we can make that happen, we will appoint councillors from the DAP and PKR.
“For now, it is not feasible to appoint councillors from Barisan because we are in the midst of investigating some improprieties from the previous administration,” he added.
http://www.thestar.com.my/news/story.asp?file=/2008/3/24/nation/20732420&sec=nation
南洋 : 肝胆宁忘一寸丹 陆庭谕的历史意义
| 肝胆宁忘一寸丹 陆庭谕的历史意义 2008/03/18 ●何启良 |
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陆庭谕是马来西亚华文教育史上一个极大的异数。他延续了林连玉刚烈的意向和与权威不妥协的坚韧态 度，一生与不利华文教育的政权作抗衡。他不断苦心呼吁华社要醒觉，猛烈抨击破坏华教者，作为一位贫寒教师，他的资源显然是有限的，但是他在马来西亚华文教 育运动里所散发出的力量和光芒，却能那么明亮的照耀着华教坎坷不平的前途，思之令人回肠荡气。
是对权威不妥协表示
陆庭谕是一位“吾往矣”的独行者。他静坐、罢食、落发，都是相当无奈的行为，这些举止，都是所谓“微弱 者的武器”（weapons of the weak）。不知他者当然谓他偏激，然而，真正知他者，谓他丹心一片。显然，这些举止并不只是要抒发个人内心的悲愤与哀伤，或轻佻的恩怨情愁，而是对威权 绝对不妥协的表示。一个协商又人心向背的时代，他看到那些能扭转大局的人不愿站出来力挽狂澜，那只能让一个人轻言微的穷教师来冒死进谏了。难道他不知道他 是无法拨乱反正的吗？就如他所言：“即便是螳臂当车，我们也要挡它一挡的。”（陆庭谕告东甲选民书）他与官僚对抗、为文化请命，显然是延续林连玉精神为己 任的。
陆庭谕与林连玉的职业背景和文化志向有极为相似的地方。然而有一点最大不同点是，他生于马来（西）亚， 对于这块土地的感触和认同，应该比林连玉更为深厚。林连玉是南来移民，其马来亚公民意识是在二次世界大战后才萌芽的。然而陆庭谕就可以名正言顺的说“我把 我的青春献给我的祖国马来（西）亚”，像沈慕羽一样，他的原乡身分是没法被置疑的。在这一点上，对马来西亚华文教育运动在本土化进程中的深化与扎根，沈慕 羽和陆庭谕的跋涉都起了不可磨灭的作用。
铁心为华文教育奋斗
陆庭谕追随林连玉颇早，铁了心为华文教育奋斗，年青时代已是这样。他追忆说：“我初出茅庐时，林先生告 诫我说：‘要说正面的，不说反面的；要说积极的，不说消极的；要摆事实讲道理。’这一直是我的座右铭。”（见陆庭谕：《我们的这一条路》，页75。）彼等 手足情深长达半世纪，灿烂如马来西亚华文教育星空的“双子星座”。他们亦师亦友，就盛情而言是亲朋，就辈份而言当是师生。他们参与过政治活动，但没有参与 政党。林连玉是不懂政治的，陆庭谕亦然。两人皆气盛言精，对华教思深虑远，但是就政治斗争与权衡艺术，似乎并非他人之敌手。他们肯定检点自己是否真有从政 之才或手腕，于是只愿意在大选时客串一下。廖文辉说：“他是一面照妖镜，一切的魍魉魑魅，鬼蜮伎俩，在他面前都得现形。” （见《华校教总及其人物（1951－2005）》）。说得极为形象化。
与林连玉相比，陆庭谕既有不幸，亦有大幸。所谓不幸，是指境遇，他被狙击，教职岗位被人申请；事实上， 陆庭谕曾被政治势力逼害，这是已经公开的秘密。对于这一点，他从来没有胆怯过。像林连玉一样，他是把华文教育当作一种革命事业来看待的。“慷慨赴死易，从 容就义难。殉情、殉难、殉国与殉道之间，尤其是殉道精神，最足以泣鬼神而顽石点头。有史以来的仁人君子，忠臣烈士，尤其是一个革命家那种信念，真是不朽的 精神。就由于他们的殉道精神，人类的精神文明才那么灿烂辉煌，人类才有了新希望。”（陆庭谕：‘代序：耶苏、殉道者及《我们的这一条路》’，《我们的这一 条路》，吉隆坡：东方企业，1992，页11－12。）
所谓大幸，是指他毕竟未违心愿，生而有慰，慰自己的信念而话。荡荡然然地选择了一条自己倾心的路走下 去，虽然崎岖却充实，即使倒在途中，亦不乏慰籍。既慰自己，亦为他人，他常引《论语·里仁》篇中的两句：“德不孤，必有邻”，显然这是一分用血染的脚印去 签署后来者的通行证，也是一种价值风范或生存方式。
陆庭谕在马来西亚华文教育史上代表的是一股刚毅的力量，但是对于组织要位，他始终并不热衷。他与沈慕羽 长期合作，在教总内处于第二位人物，似乎从来没有要夺取主席职位的意愿。沈慕羽退休时说“陆庭谕做事，我放心”，明显希望教总代表选陆庭谕代替他，但是教 总代表却选了王超群。这个结果，不只是对沈慕羽奉献的一种反动，同时也是对教总内强硬实力的否决。聪明者如沈慕羽，难道没有看出这个力量在教总以致华教运 动内已经没有太大的市场？沈慕羽点名让位，极有可能是“革命”感情的缘故。按陆庭谕已经作了教总副主席多年，作正主席是名正言顺的。
平民人物起无数波浪
一个倔强、不妥协的陆庭谕给我们的启迪，是现实的，也是历史的。其现实意义，在于这一态度的现实针对性 仍然是当前华教工作要解决的重大课题的一条途径；而其一生的历史意义，在于表现了华文教育忧患意识 的价值自省。其实陆庭谕一生经历相当简单，他一生教学，从小学教师，到尊孔中学任职，到退休为止，其生活糊口不过是一位贫穷的教员。相比于圆融显达的黄润 岳，名家世族的沈慕羽，陆庭谕只是一位“穷达以时”、更普通、更平民化的人物。然而，就是以这样的身分，起无数波浪；以一人之孤独与寂寞，影响一代华教运 动的沸腾。柳亚子有诗云：“头颅早悔平生贱，肝胆宁忘一寸丹。” 丹心取义的陆老师，惟其义尽，所以仁至；他是我这一位卑微的生活者一生中情动最深的仁者。
http://www.nanyang.com/index.php?ch=19&pg=71&ac=824785
Saturday, March 15, 2008
Sun : Local govt elections without federal approval
http://www.malaysia-today.net/2008/content/view/4327/37/
(THE SUN) - There are loopholes in the law which can enable state governments to introduce local government elections without the approval of the federal government.
Planning lawyer Derek Fernandez said state governments may invoke Section 1(4) of the Local Government Act 1976, which states: "The State Authority may … by notification in the Gazette exempt any area within any local authority area from all or any of the provisions of the Act or from any by-law."
Fernandez said publishing a notification in a state gazette therefore exempts the state government from applying Section 15 (1) of the Local Government Act (provision which enabled the state to bring an end to local government elections) to the area of the local authority.
"After this is done, the state government can then invoke Article 113(4) of the Federal Constitution which states that federal or state law may authorise the Election Commission to conduct elections other than those referred to in Clause (1) {House of Representatives and the Legislative Assemblies of the States}, and pass a state law for local government elections," he said.
Alternatively Section 5 (1) of the Local Government Elections Act 1960 may be invoked, Fernandez said.
The section states that "notwithstanding anything to the contrary contained in any written law which relates to Town Boards or Rural Boards in force in any State, the State Authority may, after consultation with the Election Commission in respect of the boundaries of the local area and the number of Councillors to be elected … by order published in the Gazette of the State, direct that the whole or a majority of the members of a Town Council, Town Board or Rural Board established in the State under any such written law shall be elected instead of appoint-ed or nominated by the State Authority …"
Fernandez said one has to choose between the two methods available to avoid a clash between the laws, adding that the introduction of local government should be handled in two stages. "Stage one should be to appoint new councillors without political affiliations under the criteria in Section 10 of the 1976 Act, while the mayor or president should be retained so as not to disrupt the transition process, unless he is really unfit.
"Stage two should involve holding elections to select the councillors, while the mayor or president can be appointed from a competent administrator."
The issue has become a hot topic of debate after many opposition party candidates promised to resurrect local government elections, in the interest of transparency and accountability in public spending by local authorities, if they came into power.
To realise this objective however, the federal government would have to endorse the amendment of Section 15 of the 1976 Act.
Mkini : Dr. Kua: A check-list for reform
http://www.malaysiakini.com/news/79877
| Days of hope: A check-list for reform |
| Kua Kia Soong | Mar 15, 08 11:58am |
| When the euphoria of the 2008 general elections has evaporated and we have all come down to earth, it is time to see what is possible to reform in the states ruled by the PKR-DAP-PAS coalition. As each community pushes forward their demands and grievances, let us not neglect the Orang Asli community, our original people who need the most assistance and are the only community that deserves affirmative action because they are still largely unruffled by class differentiation. Basically, the whole State List and the Concurrent List of the Ninth Schedule of the Federal Constitution are potential targets for reform but feel free to add to the list. These include: 1. Land Land tenure for indigenous peoples, farmers and titles for New Villagers who have used their land for years should be settled once and for all instead of being given out only as election candy to a few at each election. Only then will landowners have the incentive to develop their land or enterprises to the benefit of the whole nation. 2. Rent To regulate rent and regularise the relation of landlord and tenant, we should institute a Rent Tribunal to ensure fair rents for tenants and landlords. 3. Forests Re-gazette forests that have been degazetted and rectify all the despoliation by the old regime. Allegations of corruption in these development projects involving permanent forest reserves and wildlife reserves should be investigated and the culprits brought to book. Halt all projects involving destruction of hills and forests and gazette all possible green lungs in the state. 4. Local government Introducing local government elections is a priority. Also, services including education, housing, health, transport, places of worship and burial/cremation grounds should be brought under the purview of local governments. Local Education Authorities should be brought back as a means not only to meet the needs of the various ethnic communities but also as an effective way to stop the politicisation of education. Allocation for the various services including the different language-stream schools would then be on the basis of proportionate need. 5. Water supply and rivers Each state under PKR-DAP-PAS should implement a State Water Policy as an example for the other states. This would incorporate water conservation; water demand management through pricing and fiscal measures; re-piping; cleaning up rivers and preserving our natural water catchments. All new water supply projects should be halted in view of this state water policy and until proper evaluation and peoples' views have been heard. 6. Libraries, museums and heritage protection The PKR-DAP-PAS-run states should be an example in providing excellent libraries in every town and city; aim toward having at least one good museum in their state, and gazette as many heritage buildings as they can throughout the state. 7. Social welfare and social services Priority should be given to lifting the livelihood of the poorest in the state, especially the indigenous peoples, plantation workers, urban settlers, and farmers; more facilities for women, young persons, children and the disabled; a system of mean testing to ensure that the poorest are helped and a sliding scale of diminishing assistance for those higher up the scale. Throughout this exercise, emphasis should be on empowering the communities concerned and encouragement of self-help. 8. Scholarships Awarding of scholarships should be based on merit although consideration should be given to under-represented groups. Grants and loans should be based on means testing according to a sliding scale of affordability. 9. Housing A new housing policy would ensure decent housing for the lower income groups and adequate compensation for those who have to make way for new housing or development projects. 10. Culture The PKR-DAP-PAS-run state governments should implement a truly multi-cultural policy by giving adequate allocations and encouragement to all cultures and language streams. Thus, they can compensate for the federal government's discrimination against Chinese and Tamil schools in terms of financial allocation by providing much-needed assistance. DR KUA KIA SOONG is director of human rights group Suaram. |
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