Monday, April 7, 2008

民权委会:重审司法危机启动转型正义

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

Star : Santiago: Levy not a good idea

Sunday April 6, 2008

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/news/story.asp?file=/2008/4/6/nation/20856697&sec=nation

Monday, 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

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。

当然,陆庭谕不可能力挡狂风,他有亢奋的时候,也有颓伤的时候,他巨大的孤独感就像他沧 桑的眉目间那么深邃。他退休后有更多的,是他看到同志们似乎近乎乐于状况而失望和遗憾的时候。近年来,他就直接地说过,他将会给华教“送终”,这是极其消 极的话,也使到华教人事感到有些尴尬。他说:“宏愿学校的设立、英化华小数理科政策的实施,使我沦为‘送终者’。”那委婉若悟的语调背后,我们读到有太多 的概叹和憾意。陆庭谕一生奋斗和追求的目的,“华教必须得到平等对待”,竟然无法在他的晚年蜡烛成灰时实现,甚至离他的基本理想甚远,这就注定了其一生的 悲剧性。打从林连玉开始,马来西亚华文教育的奋斗就没有停止过,挣扎了百年、两代人、一个世纪,奋进者如陆庭谕仍然感悟华教必然死亡的命运。这是陆庭谕的 悲剧,还是马来西亚华文教育的悲剧?

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.

NST : Mafrel urges reforms in election system

http://www.nst.com.my/Current_News/NST/Saturday/NewsBreak/20080315161653/Article/index_html
Polls watchdog urges reforms in election system
By : Sulaiman Jaafar
KOTA BARU, Sat:

Election watchdog Malaysia for Free Election (Mafrel) said the Government should consider reviewing and improving the election system in the country.

Its chairman Abdul Malek Hussin said the "first past the post" was no longer suitable and should be replaced by the proportionate representation system or a combination of both.

"The present system does not do justice as the number of votes received by political parties do not commensurate with the number of seats they win,” he said. "The proportionate representation system or a hybrid of both is better and do more just justice for all. Many other countries have changed to these systems and it would be good if we could adopt them.”

He was speaking to reporters after a meeting with Kelantan election observers appointed by Mafrel.

Abdul Malek said the proportionate election system would also helped to solve one of the biggest problem in the election - movement of voters from one constituency to another - as voters could vote from anywhere in the country.
On the recent general election, Abdul Malek said he could not comment much on it as Mafrel has been gagged by the Election Commission but it would be meeting the agency soon to discuss several issues that cropped during the election.

Among them were the implication from the presence of phantom voters or outside voters in certain States, allegation of vote-buying in Sarawak and the lost of more than 2,000 voting slips in the Lumut parliamentary seat and state seats under it.

Abdul Malek said it had received police reports from three voters in Sarawak on the alleged vote-buying. "The allegations were that the chief of the long house normally gave RM50 each for the votes but this time it was only RM10. Probably this led them to lodge the reports," he said.

Abdul Malek also said Mafrel was expected to table its interim report to the EC within 30 days after the election while the final report in three months.

Sun : Experts call for parliamentary reforms

http://www.sun2surf.com/article.cfm?id=21049

Experts call for parliamentary reforms

Tan Yi Liang

SUBANG: A panel of experts have called for reforms in the parliament, following the historic win by the Opposition last Saturday, which has loosened the Barisan Nasional’s (BN) grip on the Dewan Rakyat.

Law expert Prof Dr Shad Saleem Faruqi, who spoke at a public forum entitled Parliamentary Reform in Malaysia, has called for sweeping changes in an effort to build up the capacity of Parliament.

"Parliament does not have its own parliamentary draftsman, Senate is supposed to be a check-and-balance system. Senate debates, but apart from the odd comma or full stop, or the odd number here and there, never in 50 years has the Senate defeated a Dewan Rakyat bill," Shad said, identifying a few of the problems with the current parliamentary system.

Shad proposed that select committees be set up to investigate important bills, and that members of the public be included in the select committees to hear the bills.

He also stressed the need for an impartial speaker.

"What is crucial now is an impartial speaker," said Shad, who found that support measures need to be put in place for Parliament to work more effectively.

The measures suggested by Shad include:

» each MP be assigned research staff and legislative assistants;

» the Houses of Parliament be assigned legal counsel;

» the duration of Parliament be fixed, and premature dissolutions forbidden by law, with election dates set in advance; and

» most importantly, a Parliamentary Institute be set up to train MPs about the law and parliamentary procedure.

Shad emphasised the last point, commenting "we have INTAN to train civil servants, and ILKAP to train the judicial service. But we have nothing to train MPs".

He called for an increased question time in Parliament, and increased media coverage of question time, especially questions directed to the prime minister.

He also called for a drastic increase in the sitting time for MPs.

"MPs in Malaysia only sit in Parliament for 78 days in a year, and this is very low," said Shad.

He was speaking at the forum, organised by Taylor’s College, at its campus in Subang Jaya here.

Other speakers at the forum were Tunku Abdul Aziz, and Prof Patricia Leopold. Abdul Aziz was the former special adviser on ethics to the UN secretary-general, and Leopold is the head of law at the University of Reading.

Bar Council chairman Ambiga Sreenevasan chaired the the forum.

Abdul Aziz, who condemning the vulgarities and excesses of the past Parliament, emphasised that while politics and ethics are at "different ends of the spectrum", leadership requires a higher degree of ethical behaviour.

In his speech, Abdul Aziz said, "politicians are in an implicit and unwritten social contract. They are a credit to themselves, and honour to their democratic system".

Criticising the levels of corruption in Malaysia, which he described as being "in robust health", he urged Barisan leaders to "learn to lead by example".

He also criticised Prime Minister Datuk Seri Abdullah Ahmad Badawi’s attempts to curb corruption, saying there was "a lot of rhetoric, but nothing was translated into positive action".’

The final speaker was Leopold, who spoke on the issues faced by the House of Commons. While touching mainly on British issues, she did encourage for Parliament to be self-regulatory and proactive in identifying potential problems and regulating them.

The Dewan Rakyat was remembered more for the sexist remarks, racist sentiments, name-calling and personal attacks among MPs rather than as a mature law-making body.


Updated: 11:41PM Thu, 13 Mar 2008

Saturday, December 15, 2007

Joint Statement to seek immediate appointment with Prime Minister

We view with great seriousness the recent crises that trouble our nation.

We are especially troubled by the racial and religious antagonism that now pervades Malaysian society. Our foremost commitment is to national unity, multiracial solidarity as well as to the safety and welfare of all Malaysians. We believe that the only way to safeguard these values is to reject socially divisive approaches and uphold Constitutional guarantees. We thus affirm our pledge to remain united in our multiracial and multi-religious approach to uphold justice for all.

We deplore the heavy handed actions of the authorities in the series of arrests that took place between the 9th and 11th of December. This brutal crackdown against leaders of civil society organisations and political parties is a clear contravention of the fundamental liberties and human rights guaranteed in our Constitution. The inconsistency of these arrests and intimidations with the government's assurances that Malaysia continues to be a strong democracy will undoubtedly tarnish our country's reputation in the international community.

We also remain firmly committed to pursuing the agenda of free and fair elections as well as meaningful electoral reform. The amendment of the Constitution to allow the chairman of the Electoral Commission to serve for another year is a clear reminder that the government is fully intent on perpetuating an electoral system that is rife with irregularities and corruption.

We reiterate our calls to the government to provide full access to the media for all political parties and to take seriously the mass of incriminating evidence that we have adduced time and time again and take all necessary measures to abolish well documented electoral malpractices.

Justice, harmony and freedom in Malaysia will be forever absent unless immediate steps are taken to remedy these vital issues. The importance of addressing them vigorously is such that we will seek to bring the matter to the highest level of government.

We are thus seeking an immediate appointment with the Prime Minister to discuss these pressing matters of state and urge him to honour his promise of being willing to listen to the concerns of all Malaysians. At this meeting we intend to pursue the agenda of national unity and reconciliation among all Malaysians regardless of race and religion, press on with our demands for free and fair elections, and work towards resolving the serious national problems we face.

List of Endorsees:

Political Parties

1 Democratic Action Party (DAP)

2 Parti Keadilan Rakyat (KeADILan)

3 Parti Sosialis Malaysia (PSM)

4 Parti Islam se-Malaysia (PAS)

NGOs

1 Center for Independent Journalism (CIJ)

2 Centre for Policy Initiatives

3 Citizen Think Tank

4 Civil Rights Committee (KLSCAH)

5 Concerned Citizens Group

6 Gabungan Mansuhkan ISA (GMI)

7 Jemaah Islah Malaysia (JIM)

8 Pusat Komunikasi Masyarakat (Komas)

9 Labour Resource Centre (LRC)

10 Malaysians Against the Death Penalty and Torture (MADPET)

11 National Alliance of Bloggers (All-Blogs)

12 National Human Rights Society (HAKAM)

13 National Youth and Student Democratic Movement (DEMA)

12 Police Watch and Human Rights Committee

13 Research for Social Advancement (REFSA)

14 Suara Rakyat Malaysia (SUARAM)

15 Writers Alliance for Media Independence (WAMI)

16 Youth For Change (Y4C)

民权文告: 内安法违反公正原则,正视改革诉求摒弃强权

日期:2007年12月14日

隆雪华堂民权委员会强烈谴责首相兼国安部长阿都拉批准动用《 1960 年内部安全法令》(ISA )逮捕兴都权利行动力量(Hindraf )五名领导人,并认为假如有证据证明他们的行为危害国家安全,应将他们控上法庭。

民权委员会重申,《内安法令》严重违反基本的公正原则,允许未经审讯的拘留行动,剥夺了人民自我辩护的权利。至今为止, Hindraf 的行动都还在宪法所允许的范围之内进行,尤其是11 月25 日的集合,基本上符合了宪法第11条的和平集会自由,不能简单地被定罪为"危害国家或公共安全",因为这是不能令人信服的。我们可以不同意Hindraf 的言论,但作为一个民主自由的国家,我们不能剥夺Hindraf 在宪法里享有的集会及言论自由。

首相应该履行听真话的承诺,切实地正视印裔社群的困境与不满,并趁此推展改革,纠正不公正的制度与政策,才能赢取民心。如今政府改弦易张,强压人民不满,不但严重削弱民主政治,更使社会问题不能解决,摧毁政府的公信力。动用《内安法令》镇压人民的集会自由与不满,只显示执政者的虚弱,正视民间改革诉求,摒弃强权政治,才能促进社会的民主开放。


民权委员会主席谢春荣 谨启

Malik Imtiaz : HINDRAF 5: ISA Detentions Side-Step Justice System

http://malikimtiaz.blogspot.com/2007/12/hindraf-5-isa-detentions-side-step.html

What need was there to detain the HINDRAF five under the Internal Security Act?

The ISA is a draconian law. It has no place in the modern and mature society that Malaysia is. It has been condemned internationally and locally. The manner in which the ISA allows for subjective detention without trial is violative of the fundamental liberties of persons detained in a manner that cannot be justified in any circumstance.

The Government’s position is that the five are threats to national security and public order and that they are a menace to the public for having lied about the Government in accusing it of ethnic cleansing, for having organized illegal assemblies and for having had links with terrorist groups (‘5 Hindraf leaders a threat to national security’, NST, 14.12.2007).

These accusations reveal the possibility of the five having engaged in criminal activity. Three of the five have already been charged with sedition (though I wish to stress that I do not view the offence of sedition as being constitutional). Chapter VIA of the Penal Code was recently added to allow for the prosecution of persons involved in terrorist activity. Appropriate arguments could be mounted to oppose bail to ensure that pending the trial of the five, they would be prevented from fleeing the jurisdiction and, arguably, from repeating the offensive activity.

We cannot lose sight of the fact that no matter how heinous the activity complained of may appear, accusations remain mere accusations until and unless they are made out in a court of law. Every person is presumed innocent until proven guilty in a court of law.

The detentions are therefore clearly preemptive, allowing for a side-stepping of a criminal justice system that is aimed at ensuring that no person is denied his constitutionally guaranteed right to liberty save where it is denied through an exercise of judicial scrutiny replete with inbuilt safeguards aimed at ensuring that an innocent person is not mistakenly imprisoned.

The Government would have us believe that rather than preemptive, the detentions are preventive. The crucial question is on whose account. The Government can hardly be considered to be objective bearing in mind the cause HINDRAF espouses. We have heard much of the Government having taken grave exception to the positions HINDRAF has taken. In the very public fanfare surrounding the official reaction to HINDRAF, we have been made to understand that the Prime Minister is angry at the suggestion of ethnic cleansing. He is outraged at the lies that he feels HINDRAF has allegedly told of his Government ('Governmnent doing its best for Indians', NST, 02.12.2007; 'PM: They want to destroy the country', Malaysiakini, 13.12.2007). He is also, by virtue of being the Internal Security Minister, the authority responsible for the issuance of detention orders.

Anger is not sound basis for objective decision-making. It is further not a proper legal basis for the issuance of a detention order.

In the same vein, political expediency cannot be allowed to become a factor, more so where the detentions are a ‘face saving’ measure. And as much as the Government may deny this to be the case, the truth is that the Government is acting in its own cause. This is as compelling a reason as any to not invoke the subjective processes of the ISA.

The Prime Minister has publicly declared that the authorities have evidence of the alleged terrorist links HINDRAF is said to have ('Close watch on Hindraf', The Star, 08.12.2007). Minister Nazri has also publicly declared the existence of such links ('Link is with Tamil Tigers and India's Rss, says Nazri', The Star, 08.12.2007). If this is the case, then there is more reason for the five or any number of other persons involved to be appropriately charged and prosecuted.

The detention of the HINDRAF 5 may also have the retrogressive effect of, by reason of its ‘chilling’ effect, stifling genuine civil society efforts aimed at promoting discourse on the path this nation must take to ensure sustainable and inclusive development. This would include efforts by various interest groups aimed at addressing the underlying grievances that have caused citizens to peaceably assemble these past five weeks or so. It would be regrettable if these groups, in particular that part of the Indian community that, no matter the rhetoric and the politics of the situation, have felt represented in a way that they have not before were to take from the detentions a signal that the Government does not consider their situation and grievances as being of sufficient importance.

MIS

Public criticism on ISA arrest

ISA – A symbol of torture that silences peaceful protests - AI

Use of ISA condemned! - WAMI & CIJ

URGENT APPEAL: 5 Hindraf leaders Arrested under ISA - GMI

ISA Arrests of HINDRAF Leaders Indefensible - SUARAM

PENAHANAN PIMPINAN HINDRAF DI BAWAH ISA ADALAH ZALIM DAN KEJAM - SUARAM

5 Hindraf leaders Arrested under ISA: Release or Charge Them! - GMI

No To ISA Crackdown - Y4C & EMPOWER

Hindraf ISA arrests: BN govt has lost its moral authority - ALIRAN

Time BN and ISA to go ! PSM Statement - PSM

PAS kutuk penggunaan ISA terhadap pimpinan Hindraf - PAS

ISA a disgrace to Islam Hadhari and mockery to democracy -SIS

Star : Five Hindraf leaders detained under ISA

PETALING JAYA: Five Hindu Rights Action Force (Hindraf) leaders have been arrested and detained under the Internal Security Act (ISA).

The five are P. Uthayakumar, M. Manoharan, R. Kenghadharan, V. Ganabatirau and T. Vasanthakumar. They were picked up at various locations in Selangor, Kuala Lumpur and Seremban.

It is learnt they were detained under Section 8 (1) of the ISA after Internal Security Minister Datuk Seri Abdulah Ahmad Badawi signed their detention order.

Their detention is for two years.

Uthayakumar and two others namely Ganabatirau and P. Waythamoorthy were charged under the Sedition Act on Nov 23 in Klang 23 for allegedly making speeches to incite hatred at a gathering in Batang Berjuntai, Selangor, on Nov 16. Waythamoorthy is currently overseas.

Under Section 73 (1) of the ISA, the police can detain any individual for up to 60 days without a warrant, trial and without access to legal counsel if he was suspected to have “acted or is about to act or is likely to act in any manner prejudicial to the security of Malaysia or any part thereof or to maintenance of essential services therein or to the economic life thereof."

After 60 days, the Minister of Home Affairs can extend the period of detention without trial for up to two years, without submitting any evidence for review by the courts, by issuing a detention order, which is renewable indefinitely.

The five detained

1) P. Uthayakumar

The 46-year-old lawyer was called to the Malaysian Bar on Jan 23, 1993. He is the legal advisor to the Police Watch and Human Rights Committee and advisor to the Malaysian People's Reform Party (Parti Reformasi Insan Malaysia or PRIM). He had been a secretary of the MIC Club in London and has appeared in a number of cases related to police abuse, deaths in police custody, police shootings and police inaction. He had also taken part in the reformasi campaigns in support of sacked Deputy Prime Minister Datuk Seri Anwar Ibrahim.

2) M. Manoharan

The 46-year-old Manoharan has been a lawyer for 15 years and was a legal assistant to Karpal Singh for 10 years before branching out on his own. He has been in the DAP and had contested in a parliamentary seat in Federal Territory and was also the Selangor DAP chairman for a short term.

3) V. Ganabatirau

Advisor to the DAP's Sri Muda branch in Shah Alam.

4) R. Kenghadharan

He is a lawyer and was one of the counsels for Uthayakumar when the latter was charged in court for publishing a seditious letter in a website.

5) T. Vasanthakumar

The former bank officer resigned about a month ago after his employers asked about his involvement with Hindraf. He is in his 30s and single. He is now a full-time Hindraf activist and its organising secretary.

http://thestar.com.my/news/story.asp?file=/2007/12/13/nation/20071213144228&sec=nation

Sunday, December 9, 2007

8 Arrested in Lawyers-organised March

SUARA RAKYAT MALAYSIA
433A, Jalan 5/46, Gasing Indah,
46000 Petaling Jaya, Selangor, Malaysia.
Telephone: +6 03 7784 3525 Fax: +6 03 7784 3526
Email: suaram@suaram.net Web: http://www.suaram.net/


Urgent appeal: 9 December 2007


Continued Assault on Freedom of Assembly:
8 Arrested in Lawyers-organised Human Rights Day March

The government¡¯s all-out assault on freedom of assembly continued this morning, during a march organised by a group of lawyers, when eight individuals were arrested. The march, held to mark the International Human Rights Day on 10 December 2007, was intended to start from the Sogo department store to Central Market, was stopped at a halfway point by the police.

At that point, the organisers tried to negotiate with the police to allow them to finish the march.

When negotiations failed, the police arrested seven individuals at Jalan Tun Perak, despite the organisers¡¯ and participants¡¯ willingness to cooperate. Those arrested have been taken to the Kuala Lumpur police headquarters.

In addition to the seven, one more individual was arrested in front of Bar Council building, making the total arrests so far eight.

The eight arrested are:

Sivarasa Rasiah (Arrested at Jalan Tun Perak)
N. Surendran (Arrested at Jalan Tun Perak)
Amer Hamzah (Arrested at Jalan Tun Perak)
Eric Paulsen (Arrested at Jalan Tun Perak)
Anthony Andu (Arrested at Jalan Tun Perak)
Noorazah Othman (Arrested at Jalan Tun Perak)
Latheefa Koya (Arrested at Jalan Tun Perak)
One individual arrested in front of Bar Council building

Yesterday, the police gave a warning to the public not to attend the march as no permit has been issued for the gathering. This fresh round of arrests and attack on peaceful assemblies came only in a matter of days after the government had threatened the use of ISA on the Hindu Rights Action Force (HINDRAF), which organised a massive rally two weeks ago.

SUARAM strongly condemns the government and police¡¯s continued assault on freedom of assembly. We demand that all arrested be released immediately and unconditionally.

We strongly urge the government to stop intimidating the public by pressing charges against participants in assemblies and demonstrations, and deplore its repeated threats to use the ISA.

Actions needed Please write protest letters to the government and the police to register your strongest condemnation and outrage on the latest arrests and the continued assault by the government on freedom of assemblies, and demand that all arrested be released immediately and unconditionally.

Your protest letters should be sent to:

Prime Minister of Malaysia
Dato¡¯ Seri Abdullah Ahmad Badawi
Prime Minister's Office Malaysia
Perdana Putra Building,
Federal Government Administrative Centre,
62502 PUTRAJAYA,Selangor, Malaysia.
Tel: + 60 3 8888 6000 Fax: + 60 3 8888 3444

Inspector-General of Police
Tan Sri Musa Hassan
Ibu Pejabat Polis Diraja Malaysia,
50560 Bukit Aman,
Kuala Lumpur, Malaysia.
Tel: 03-22626015Fax: 03-22725613
_________________

SAMPLE LETTER

[Letterhead of your organisation]

Prime Minister of Malaysia
Dato¡¯ Seri Abdullah Ahmad Badawi
Prime Minister's Office Malaysia
Perdana Putra Building,
Federal Government Administrative Centre,
62502 PUTRAJAYA,Selangor, Malaysia.
Tel: + 60 3 8888 6000 Fax: + 60 3 8888 3444

Dear Sir,

Re: Continued Assault on Freedom of Assembly - 8 Arrested in Lawyers¡¯ March

We are writing to express our outrage over your government¡¯s latest round of assault on the freedom of assembly.

On 9 December 2007, eight individuals were arrested by the police for attending a peaceful march intended to celebrate the International Human Rights Day, a day celebrated across the globe, including United Nations.

We question the need to resort to such actions, especially when the organisers of this peaceful march had tried to negotiate and shown willingness to cooperate with the police.

We view this as yet another attempt by your government to intimidate Malaysian citizens from participating in any form of public assembly.

We demand that all those arrested be released immediately and unconditionally. We further demand that your government stop the assault on freedom of assembly.

We condemn the repeated threats to use the ISA and the ridiculous charges pressed against demonstrators recently. We strongly urge you to stop shaming Malaysia, a member of the United Nations Human Rights Council.

We would like to remind you that freedom of assembly is guaranteed in the Universal Declaration of Human Rights as well as the Federal Constitution of Malaysia.

Yours sincerely, [Name]

Rela Bill will only make us better, says DG

Fauwaz Abdul Aziz Dec 7, 07 7:19pm

The concerns raised by human rights groups and other quarters regarding people's volunteer corps Rela provided the impetus for the proposed 'Rela bill', said its director-general Zaidon Asmuni.Whether they be fears about arbitrary searches, arrests and detentions, physical or sexual abuse, or the lack of a selection process to weed out the 'bad hats', the Rela bill is the only logical solution to such issues, he said.

"The proposed Act is so that we have our own legislation which will standardise and gazette what we do and the powers that we have currently. We will not have any powers beyond what we have already," he said when contacted today.

"The way I look at it, we are already doing work equal to that of existing government departments. People have actually expressed surprise that we're not yet a department! If we have our own department, it would improve our work. They need not fear us at all," he added.

Zaidon was responding to a memorandum submitted yesterday to various ministries and political leaders by civil society organisations who fear that the Rela bill would see more human rights violations and abuse of power by the corps' members.The human rights groups who submitted the memorandum - Suaram, Tenaganita, Hakam and the Civil Rights Committee of the Kuala Lumpur and Selangor Chinese Assembly Hall - also called for the disbanding of Rela.

90 percent positive work

Zaidon, however, chided them for calling for the disbanding of a volunteer body that he said has done a lot of good for the country since it was created, under the Home Ministry, by the Essential (Ikatan Relawan Rakyat) Regulations 1972.

"Rela has ensured security and public order at sports games, we have helped traffic police carry out their duties, we have done our part to prevent some crimes, we have helped out during natural disasters such as floods, and we provided food at evacuation centers.

"Which government agency has all these things under their portfolio? Perhaps 90 percent of what we do is positive, while only 10 percent of our members commit mischief. Those who are calling for the total disbandment of Rela have no sense of patriotism at all," he said.

Zaidon assured rights groups that while Rela would prefer having prosecution and investigation powers, these or other expanded powers are not provided for in the proposed Rela legislation.

"The current standard operating procedures will be the standard operating procedure under the Rela Act," he said.

Zaidon, who was formerly the Pahang Immigration Department director, clarified that much of what Rela does currently is to bolster the tremendous human resource demands placed on the police force and the Immigration Department's enforcement division.

Thus, a large number of Rela's 450,000 members have acted as security personnel for the immigration depots at the Kuala Lumpur International Airport as well as at Pasir Gudang in Johor.

"This has allowed the police to concentrate more on preventing crime, for example, while we have helped to bolster Immigration's 6,000 enforcement officers. The department is burdened with having to enforce, investigate and prosecute, among its other functions," said Zaidon.

Under control now

On the many allegations of human rights violations and abuses reported against Rela - especially against migrants and refugees - Zaidon admitted Rela struggled initially to come to terms with the powers it had been given almost three years ago.

Since then, however, Rela has 'matured' and the cases of abuse and violations - while not completely gone - have decreased to a controllable level, he said.

"In the first six months since March 2005, Rela was struggling and grasping, fumbling around the regulations and trying to determine how best to do things with regards to illegal immigrants.
"But after three years, we have matured. I don't deny the few cases where Rela members have committed assault or stole the possessions of people here and there. But such cases are not many and they are under our control," said Zaidon.

He also said the problems of abuse usually arise during the 'unofficial' operations conducted by Rela members which have not been sanctioned by senior Rela officers. These, he said, will decrease once Rela procedures and powers are streamlined by the Rela Act.

Zaidon also said Rela welcomes the set up of a commission or other mechanism to register, channel, investigate and act on complaints raised against any of its personnel or volunteers.
"We welcome the set up of a commission that would address complaints raised against any of the enforcement agencies, including Rela," he added.

http://www5.malaysiakini.com/news/75806

Rela Bill will unleash a 'monster'

Fauwaz Abdul Aziz Dec 6, 07 7:30pm

Proposed legislation to enable people's volunteer corps Rela to be operated under a department, as part of efforts to expand its powers, is being seen as disastrous for human rights - especially those of migrant workers and refugees.

Civil society organisations have teamed up to object to the Rela Bill which is due to be tabled in Parliament next week.

At a press conference in the Parliament lobby today, several leaders pointed out the long list of allegations and reports of abuses and violations levelled against Rela members.

These range from arbitrary searches, arrests and detentions, physical and sexual abuse, to forced entry into private homes and robbery, they said, disagreeing with the government's contention that the bill would help improve management of migrants and refugees.

Another key point made is that Rela's 450,000 volunteers undergo very little training and are not closely monitored or supervised by any governmental body.

"You will be unleashing a monster that you cannot control," PKR vice-president R Sivarasa said.
He was among several Barisan Nasional and opposition leaders who accepted a memorandum today on the Rela Bill, submitted by the Civil Rights Committee of Kuala Lumpur and Selangor Chinese Assembly Hall, Suaram, Tenaganita and Hakam.

The memorandum calls for Rela to be disbanded instead of being given additional powers; improvements to police and immigration officers' training to better handle matters of migrant workers and refugees, as well as domestic security; and for endorsement of the relevant international human rights conventions.

It also urges the Home Ministry, under which the volunteer corps is placed, to submit to Parliament regular reports on the raids, arrests and detentions carried out.

An appeals committee should also be set up so that alleged victims of abuse of power and violations of human rights can channel complaints, which can then be documented.

On the government's rationale of using Rela members to make up for the lack of police and immigration personnel, Suaram executive director Yap Swee Seng said such reasoning is similar to hiring St John's volunteer paramedics to carry out medical operations or other functions in hospitals.

He also cautioned that relations with neighbouring countries will worsen as a result of alleged abuse of various nationals by Malaysian security personnel.

"We hope all parliamentarians will raise the issue in Parliament and (reject) the bill, or it will lead to more human rights violations and further ruin our relationship with our own neighbours," said Yap.

'Disappointing reply'

DAP publicity secretary and Seputeh parliamentarian Teresa Kok said she would raise the matter in Parliament when the Rela bill comes up for debate.

She pointed out that her attempt in August to get the Home Ministry to address complaints raised against Rela had resulted in a disappointing reply which, in effect, dismissed them as mere allegations.

According to Kok, the ministry said no official complaint had been lodged regarding any Rela member or alleged abuse of power, and that no Rela member has been charged for violations committed during such operations.

"This is a brutal, fake, and very untruthful answer," said Kok.

She added that her application to Speaker Ramli Ngah Talib to refer the ministry to the Privileges Committee for 'misleading' the House had fallen on deaf ears.

Because of this, Kok said she will seek a RM10 cut from the proposed budget allocation for Rela to express dissatisfaction with the corps.

"I hope there will be more MPs, especially from BN, who will support this motion so that we can highlight this problem and reject the Rela bill," she said.

Minister in the Parliament's Department Mohd Nazri Abdul Aziz, who chairs the Parliamentary Human Rights Caucus, received the memorandum on behalf of the Home Ministry. He did not comment on its contents.

http://www5.malaysiakini.com/news/75754

Tuesday, December 4, 2007

Memorandum on Rela New Bill

CRC-KLSCAH and few Malaysian NGOs will submit a memorandum on Rela new bill to various parties at Parliament.

Date : 6 December 2007
Time : 1230pm
Venue : Parliament

Whoever interested to attend please contact Yaphwa at 012-2658448 or Mr. Chan at 03-22723519

Friday, November 23, 2007

The Sun : Whipping was unlawful

R. Surenthira Kumar
The Sun

PETALING JAYA (Nov 22, 2007):

The extended detention of eight Myanmars by prison authorities on Wednesday was unlawful, the Bar Council’s Human Rights Committee chairman Edmund Bon said today.

"We are extremely disappointed that the accused served longer jail terms than ordered by the courts, and were also whipped," he said when commenting on the case of eight Myanmar nationals who were whipped after serving more than double their jail terms due to a delay by the courts.

"The prisons cannot hold someone once his prison sentence has been served, irrespective of whether the whipping has been executed. In other words, the prisons cannot hold a prisoner just to wait for a decision whether to whip or not after his sentence is completed." added Bon who urged the courts to exercise its discretion and not impose the punishment of whipping on them, in the event asylum-seekers and refugees are prosecuted.

He said asylum-seekers and refugees require protection by the authorities and urged the government to stop prosecuting them, but to fully co-operate with UNHCR to allow them safe passage to a third country or peaceful residence here.

As a developing nation, Bon said the country should recognise and implement international human rights norms in the treatment of asylum-seekers and refugees as contained in the Refugee Convention.

"Prosecuting marginalised groups will not end the influx of the persecuted from neighbouring countries. It merely prolongs the suffering of those seeking escape from brutal regimes," he said.

The issue cropped up after eight Myanmars, who were sentenced to four months jail and two strokes of the rotan for entering the country illegally in April, dropped their appeal against the whipping.

The men gave up waiting for the appeal to be heard, as after serving four months longer than their sentence the outcome of their withdrawal of the appeal was yet to be known.

They were finally whipped on Wednesday and sent to the Immigration detention centre in Semenyih for deportation.

Meanwhile, Internal Security Deputy Minister Datuk Fu Ah Kiow said the extended detention of the eight Myanmars was lawful.

He said the Deputy Public Prosecutor had made an application for the eight men to be detained further according to the Subordinate Courts Act 1948.

He said the sentence must be seen wholly as it was not completed until the whipping had been carried out.

However he added the judiciary should speed-up clearing of such cases involving foreigners.
"The saying, justice delayed is justice denied, holds true and unless the courts speed up hearing the cases, the foreigners cannot be released sooner," said Fu, who added that sending them to the Immigration detention depots, after they had served their prison terms, while awaiting the outcome of their appeals on the whipping, was the same as their freedom is still restricted.

Foo however said the issue of illegal immigrants was serious and the government has to take a hard stand on the matter.

Meanwhile, Tenaganita said among the other factors which has resulted in immigrants having to stay behind bars longer, is the non-availability of accredited interpreters and translators at hand to hasten the court hearings.

"They are often deprived of legal representation and unless the Legal Aid Centre or volunteer lawyers agree to help them, their cases will be postponed indefinitely, said Tenaganita programme officer Florida Sandanasamy.

In many cases, those under detention give-up waiting for their cases to be heard after appealing against the sentence, and decide to accept whatever the courts order, with the hope of ‘getting it over with as quickly as possible’ and be freed or deported, she added.

http://www.sun2surf.com/article.cfm?id=20046
Updated: 07:55PM Thu, 22 Nov 2007

Rela to manage detention depots

The Star :

PUTRAJAYA: Rela members will be trained to take over the full-time running of the country’s 14 immigration depots by the end of this year.

The Cabinet made this decision recently to give Rela control of all these detention centres, which currently house some 11,000 illegal immigrants.

Rela is a voluntary corps under the Home Affairs Ministry and is governed by the Emergency (Stipulated Powers) Act 1964.

Home Affairs Minister Datuk Seri Radzi Sheikh Ahmad said it would take about two years to train his ministry staff to run these immigration centres.

“So, for the time being, Rela members will be put in charge of these centres.

“They will be trained in aspects of crowd control, how to escort illegal immigrants and maintaining records, among others,” he told reporters at his office here yesterday.

Radzi added that Rela was already in charge of running two centres; one at the KL International Airport and the other at Pasir Gudang, Johor.

“And they are doing well there,” he said, adding that each centre run by Rela would have 20 to 30 of its members managing it.

They will be paid allowances to work full-time in shifts and members will be sourced from areas in the vicinity of the detention centres.

For instance, said Radzi, Rela members living around the depot in Lenggeng (in Negri Sembilan) will be given the opportunity to work there.

He said the running of the depots before this by the staff of the Prisons Department (which comes under the purview of the Internal Security Ministry) had made it difficult for Rela members to catch, detain and deport illegal immigrants.

This, in turn, had contributed to the overcrowding at the depots, he said.

So far this year, Rela had detained 30,332 foreigners for not having travel documents and had screened 156,070 others.

Radzi said Rela members carried out 30 to 40 raids a night, adding that the Cabinet had approved RM26mil to build two more detention centres and to expand an existing one to resolve the overcrowding problem.

http://thestar.com.my/news/story.asp?file=/2007/11/23/nation/19555005&sec=nation