Aliran Monthly 20(4) Page 1 PP3739/12/2000 ISSN 0127

40 Pages·2012·1.36 MB·English

PP3739/12/2000 ISSN 0127 - 5127 / RM3.00 / 2000:20(4)
Aliran Monthly 20(4) Page 1
COVER STORY
When The Quitting Gets Tough
Would Ling Liong Sik’s resignation really matter?
by Khoo Boo Teik
hen he realized last year
WWWWW
that Barisan Nasional’s
political fortune rested
heavily on non-Malay
(read Chinese) support, Prime
Minister Dr Mahathir Mohamad
favourably compared the Chinese
with the Malays. Unlike the
Malays, said he, the Chinese were
rational and unemotional and
knew what was good (BN) and
what was bad (opposition) for
them.
Arguably BN’s retention of a large
proportion of Chinese support in
the November 1999 general elec-
tion suggested that there were
enough Chinese who were flat- replaceable loss’, ‘irreparable the United Malays National Or-
tered thus by Mahathir. But damage’ or ‘betrayal of trust’. ganization (UMNO)?
should anyone be persuaded that
the Chinese are more rational and This emotional outflow was not If, however, Ling’s aim was to
less emotional than ‘people of matched by rational or persuasive shield MCA against any fallout
other races’? answers to key questions raised from a rumoured investigation
by Ling’s announcement. linking his son, Lim Hee Leong,
Chinese Opera with the latter’s ex-business part-
Why, for example, should the MCA ner and now fugitive, Soh Chee
Watch the ‘Chinese reactions’ to president quit his Cabinet post Wen – an ‘evil lie that can only
the little opera the Malaysian Chi- now when his party had just per- come out of an evil mind’, accord-
nese Association has been enact- formed very well in two succes- ing to Ling – why should the MCA
ing since 22 May 2000, when sive general elections, something leadership so anxiously reject it?
MCA president, Dr Ling Liong Sik, MCA had not been able to accom-
announced he would resign as plish before November 1999? Divided And
Minister of Transport. Disgruntled
If Ling had intended to retire from
Many in MCA, the Chinese com- politics altogether, why would he Speculative answers to these ques-
munity and the Chinese-language keep his party post as if to emu- tions have not clarified the situa-
press were ‘shocked’, ‘saddened’ late Musa Hitam who resigned as tion. They have only fueled sus-
or ‘stunned’. Others could only deputy prime minister in 1986 but picions that MCA is internally di-
speak in such strong terms as ‘ir- remained as Deputy President of vided and disgruntled at UMNO
Aliran Monthly 20(4) Page 2
C O N T E N T S
COVER STORY
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Aliran Monthly 20(4) Page 3
while Ling’s leadership is less other than the individuals in- diminished.
than unchallenged. volved in MCA’s factional fight-
MCA: 1980s
ing.
Things became more muddled From mid- to late 1980s, when the
when those who might have had A considerably more rational ap- bitter inter-ethnic politics of the
a hand in provoking Ling’s deci- proach would seek to understand New Economic Policy reached its
sion denied having done so. MCA’s present role in Malaysian height, MCA led a pitiable exist-
politics. It is a very limited role as ence. It was half ignored by
The prime minister, whose pre- a brief history of MCA will show. UMNO, more than half rejected by
rogative in firing Cabinet minis- Chinese voters, taunted by
ters is well established, said he M C A : Gerakan Rakyat Malaysia
had persuaded Ling to stay but 1960s And 1970s (Gerakan) and perennially chal-
accepted that ‘family matters’ lay lenged by the Democratic Action
behind Ling’s motive to quit. MCA’s role has been progressively Party (DAP).
Ling’s chief rivals in MCA, who reduced since 1959 when its
might have rejoiced over his de- president, Dr Lim Chong Eu, Three crises in 1985-87 brought
parture took affront at any hint failed to secure one-third of the MCA’s position to a new low. BN
that Ling had ‘sacrificed’ his Cabi- Alliance’s parliamentary nomina- threatened to expel MCA because
net post to appease them. tions. For his pain, Dr Lim was the latter could not resolve the all-
edged out of power and led his out battle between the Neo Yee Pan
Ling himself befuddled matters by supporters out of MCA. The MCA and Tan Koon Swan factions. But
taking a two-week vacation to rump they left behind accommo- no sooner had Tan Koon Swan
ponder the wisdom of his an- dated itself to a ‘less-than-equal’ won the MCA presidency than he
nouncement after having said position vis-à-vis UMNO. had to go to jail in Singapore for
that his decision was ‘final’. criminal breach of trust. At the
Then came the 1969 election. MCA August 1986 general election,
Non-transparent was so badly beaten that some of MCA was thrashed by DAP.
Politics its leaders wanted to stay out of
government to ‘teach the Chinese In response, some MCA leaders
Not for the first time, therefore, a lesson’. Some UMNO politi- superficially united with DAP to
non-transparent conduct at high cians, including the defeated Dr oppose certain government poli-
levels in the political system has Mahathir, wanted to keep MCA cies. This move coincided with
left the public floundering in un- out since it could no longer claim UMNO’s own Team A-Team B
certainty while the politicians to be ‘the party of the Chinese’. In split to produce a level of
play what they alone regard as the event, the National Operations interethnic tension not seen since
deep, deep games. Council ruled after 13 May 1969 1969. It in no small way contrib-
with token MCA representation. uted to Operasi Lalang, the mass
Malaysians should finish with Only when NOC returned power arrests of 27 October 1987.
this kind of shabby treatment. The to the Alliance in 1972 did MCA
Chinese community in particular become part of the government Recovering
doesn’t benefit from uninformed again. And Riding High?
worries that its future is tied to the
‘hidden truth’ behind some ‘irre- When the Alliance was replaced The 1990 election once again saw
placeable’ politician’s ‘to-be-con- with BN in 1974, MCA withdrew MCA badly bruised, even com-
firmed half-withdrawal’. from the government to ponder its pletely defeated in Penang.
future. With Lee San Choon suc-
A strictly unemotional response to ceeding Tan Siew Sin as party Only in 1995 did MCA recover
the riddle of Ling’s announce- president, however, MCA joined from its electoral reverses. But
ment would simply note that the the enlarged coalition, no doubt there is more than a small truth in
answer will eventually surface – aware that the party’s influence Muhammad Muhammad Taib’s
but to no great shakes for anyone vis-à-vis UMNO had been further recent curt reminder that MCA’s
Aliran Monthly 20(4) Page 4
recovery perhaps owed more to UMNO’s Dominance Those who think that Ling’s an-
an unprecedented Chinese adu- nouncement arose from MCA’s
lation of Mahathir than to the par- Time and time again UMNO lead- unhappiness at not receiving
ty’s reinvigoration. ers have insisted that the reality of more Cabinet and government
BN politics is UMNO’s dominance. posts surely underestimate the
Of course, MCA is riding high to- It is a basic plank of Mahathir’s realism of many MCA leaders who
day – especially given UMNO’s political thinking and practice that were dependent on UMNO-
1999 electoral setback – but in UMNO alone can rule the country backed ‘safe seats’ until recently.
truth that’s only possible because but coalition allows a modicum of
its aspiration as a party has sunk ‘power sharing’ with other, obvi- MCA leaders know that Mahathir
quite low. ously junior, parties. was being frank in saying MCA
has been given its quota of Cabi-
At its height, MCA was part of the Parties which couldn’t accept net and government posts. The
Alliance which negotiated the UMNO’s dominance – such as quota was not reduced when
terms for Merdeka. In the early Parti Islam Se-Malaysia in the MCA was down and out, but
years of Alliance rule, MCA had 1970s, or Parti Bersatu Sabah in won’t be increased when MCA
strong influence over financial 1990 – couldn’t expect to stay long does much better, at any rate not
and economic policies, and con- in BN. at UMNO’s expense.
tributed to the determination of
politically sensitive policies on After November 1999, for the first That helps to explain why, after
education, language and culture. time ever, UMNO has less than half the 1999 election, MCA tried hard
of BN’s seats in parliament. to wrest the Penang chief minis-
Presently MCA has lost practi- UMNO holds 48.6 per cent of BN's ter’s post from Gerakan (particu-
cally all that influence. MCA may seats. Unless something drastic larly after two Gerakan state as-
still have more Cabinet and gov- happens to UMNO, or the entire semblymen defected to MCA). It
ernment posts than all other BN basis of BN politics is changed, this also explains why certain MCA
component parties, except is a minor setback that doesn’t per- factions consider that Ling had
UMNO. However, UMNO holds mit MCA or any other BN party to breached a ‘gentleman’s agree-
all the senior ministries of finance, question UMNO’s dominance. ment’ by not appointing their
home affairs, education, interna- leaders to Cabinet positions.
tional trade and defence, not to New Kapitan China
mention the posts of prime minis- One can be sure that ‘Part II’ of
ter and deputy prime minister. In short, MCA today virtually MCA’s impasse will be played out
serves as UMNO’s ‘Chinese ad- now that Ling has returned from
Someone who wants to mount a junct’. With limited authority, leave. No matter who comes and
spirited (shall we say, emotional) MCA watches over ‘Chinese wel- who goes, however, the Chinese
defence of MCA will criticize me fare’, makes small redresses of community shouldn’t expect far-
for overstating the party’s decline. ‘Chinese grievances’ and reminds reaching changes in MCA’s char-
Yet, forty-three years after ‘Chinese voters’ of what’s good acter or policy or vision or influ-
Merdeka, can anyone deny that and bad for them. In the process, ence. At stake in the current im-
MCA scarcely penetrates the in- MCA has become quite effective as passe is nothing greater than per-
ner policy-making loop of the the promoter of selected social, sonal-factional interests of one
UMNO-dominated government? educational and cultural projects. kind or another.
Isn’t it revealing, too, that when Ironically MCA has done best For myself, I like one observer’s
Mahathir praised Ling in the when it has done least. Would it depiction of this episode as a ribut
present context Mahathir paid be far-fetched then to compare di bawah tempurung (a storm un-
no higher compliment than that MCA’s present role to that of the der a coconut shell). Now that
the Minister of Transport did a colonial Kapitan China, Protector could only have come from an ad-
good job marketing the coun- of the Chinese, or Secretary of Chi- mirably rational and unemotional
try’s ports? nese Affairs? bloke.q
Aliran Monthly 20(4) Page 5
HUMAN RIGHTS
Aliran, Hakam This Memorandum (Reproduced on page 9), was
presented by Aliran, Hakam and Suaram to
Suhakam at the May 15 meeting.
And Suaram
Tan Sri Musa Hitam, the Chairman of Suhakam, was
the first to speak. He welcomed those present. Then
Meet Suhakam he elaborated on the background leading to the for-
mation of Suhakam, claiming credit for having first
raised the matter, and then persuading the prime
minister to accept the idea.
The leaders of the three NGOs were next invited to
introduce their representatives and to address the
meeting. P Ramakrishana (Aliran), Raja Aziz
Addruse (Hakam) and Dr Kua Kia Soong (Suaram),
in turn, spoke. Taken together, the three covered the
major points contained in the Joint Memorandum.
The particular comments of Aliran president,
P.Ramakrishnan, are reproduced on the next page.
After the three had finished, Musa Hitam responded
to some of the issues raised. By way of introducing
the other Suhakam Commissioners, he invited them
to respond too. The other representatives of Aliran,
Hakam and Suaram also joined in the discussion.
The meeting was held on 15 May 2000 in Wisma Important issues were raised in a cordial atmos-
Putra, Kuala Lumpur. It was the first meeting of phere. The discussion was free flowing.
Suruhanjaya Hak Asasi Manusia Malaysia (the
Human Rights Commission Malaysia) with any The meeting was useful. The NGOs had an oppor-
public groups and it had chosen to meet with Aliran, tunity to express directly to Suhakam their concerns
Hakam and Suaram. The Chairman of Suhakam had over the shortcomings of the Human Rights Com-
earlier explained that the three were placed “in the mission of Malaysia Act 1999. They urged Suhakam
forefront” of the struggle for human rights and civil to seek amendments to the new law, indeed to rec-
liberties in Malaysia. ommend the repeal of all coercive laws. Suhakam
was also reminded that it must be autonomous and
In fact, the three had always worked with other courageous in the discharge of its duties, and yet
NGOs, associations, societies and individuals to remain accessible, accountable, responsive and
further a long standing campaign for human rights. transparent to ordinary Malaysians. It must strenu-
Appropriately, ten days earlier, they had convened ously avoid becoming an appendage of the govern-
a meeting with these others to discuss a common ment.
response to Suhakam’s invitation to the three.
Finally, the NGOs insisted that human rights is not
Following that meeting a Joint Non-Governmental a legal matter. Ultimately, it is a question of the dig-
Organisation Memorandum to Suhakam was pre- nity of the person, nothing more, nothing less. To-
pared by Aliran on behalf of the three. The Memo- wards the upholding of that dignity, the NGOs of-
randum was then circulated and endorsed by 31 fered their services and cooperation to Suhakam.
other NGOs ranging from Abim, Alaigal and Am- And invited Suhakam to become the institutional
nesty International Malaysia to the United Chinese expression of a long and continuing tradition of
School Committees Association, Women’s Agenda popular struggles to protect human rights in Ma-
for Change and Women’s Development Collective. laysia.q
Aliran Monthly 20(4) Page 6
HUMAN RIGHTS
Move With A Sense Of
U r g e n c y
If the Commission can address the crucial issues as a matter of
priority, then it deserves all the co-operation and respect.
by P Ramakrishnan
WWWWW e have come with an
open mind to have a
free, frank and hope-
fully a fruitful dia-
logue with the Commission.
Though there was no consul-
tation regarding the suitability
of the date and the conven-
ience of the time, we have, nev-
ertheless, come offering our co-
operation.
It is in this spirit that I wish to
address the Commission very
frankly.
should distance itself from Merdeka Constitution have,
1. We fail to understand why its present location – the over the years, either been
the Commission is located at sooner the better. Otherwise whittled down or abolished
the Ministry of Foreign Af- it would be perceived as an through various undemo-
fairs. The Commission is not appendage of the govern- cratic legislations and regu-
addressing the international ment. That would be a pity. lations thus rendering hu-
human rights situation. Its man rights meaningless and
concern is the status of hu- We want the Commission making a mockery of the
man rights in Malaysia ... to be an effective instrument very concept of human
right here, at home. By rais- of justice that will fearlessly rights.
ing this I don’t mean to sug- and vigorously protect and
gest that it ought to be lo- promote human rights. 3. We regret that the mandate
cated at the Ministry of of the Commission is too
Home Affairs. That is not 2. We reject the definition of narrow and restrictive.
my intention. human rights as enunciated
in the Act. It is not accept- It is stated that when a com-
For its own credibility as able to us. plaint is a subject matter of
well as to convince the pub- any proceedings pending in
lic at large of its independ- Whatever human rights that any court, the Commission
ence, the Commission were guaranteed by the cannot take up the com-
Aliran Monthly 20(4) Page 7
plaint. It is also stated that instance, the police violence saulted.
a complaint taken up by the against Tian Chua is not
Commission, when it subse- pending in court. He is be- This situation is intolerable
quently becomes a subject ing charged for unlawful as- and repugnant to our notion
matter of court proceed- sembly. of justice.
ings, then the Commission
has to cease its inquiry im- Likewise, while Irene The Commission should
mediately. Fernandez’s case for pub- look into this as a matter of
lishing false information is urgency.
Knowing that some cases proceeding in court, wit-
drag on for years without nesses in this case have told 5. We are encouraged that the
an end, it is patently unjust incredible tales of horror Commission has taken a
that a complainant is with- and terror involving police commendable stand on the
out remedy for so long. In brutality and barbarity. Can right of assembly. We urge
a situation where a case is the Commission on its own the Commission to state its
dismissed on technical investigate this alleged po- stand on ISA, OSA, the Se-
grounds, the Commission is lice barbarism which is not dition Act, the Police Act,
unable to intervene because a subject matter before the the Universities And Uni-
the court had determined court? While the foreign versity Colleges Act, the
the case. It is grossly unfair witnesses are available at Printing Presses and Publi-
that a complainant is denied this moment, would the cations Act - all of which im-
his justice through a techni- Commission take up this pinge upon our human
cality. case? rights.
We are not sure whether in 4. We are greatly disturbed It is common knowledge
certain cases the Commis- that suspects are treated as how these Acts have been
sion can carry on with par- convicts: they don’t have used and abused to stifle
allel inquiry when the case access to lawyers when ar- dissent and silence criticism.
is in court. rested; they are thrown into
crowded cells housing con- This is another area which
Let me explain: victed criminals; they’re is crying out for redress.
stripped to their
While Tian Chua’s case of underwears and stripped If the Commission can
having taken part in an un- off their dignity; they’re move with a sense of ur-
lawful assembly is pending denied toilet privacy and gency and address these
in court, can the Commis- facility; they lack drinking crucial issues as a matter of
sion investigate his com- water and their meals are priority, then it deserves all
plaint regarding police vio- terrible. Some of them have the co-operation and re-
lence against him? In this even been reportedly as- spect.q
Aliran Monthly 20(4) Page 8
HUMAN RIGHTS
Memorandum To Suruhanjaya
Hak Asasi Manusia Malaysia
What We Expect Of The Human Rights Commission Of Malaysia
WWWWW e write in response to the ciple Sukaham’s establishment. HRCMA and the manner of
invitation extended to We hope Suhakam will live up to Suhakam’s establishment, repre-
Aliran Kesedaran public expectations that an inde- sent real, immediate and potential,
Negara (Aliran), pendent, effective and just na- obstacles to a full attainment of
Persatuan Kebangsaan Hak Asasi tional human rights commission Suhakam’s fundamental mission.
Manusia (Hakam) and Suara will help entrench our on-going
Rakyat Malaysia (Suaram) by struggle to compel the Malaysian In the following sections of this
Suruhanjaya Hak Asasi Manusia government to accord a broad, Memorandum we address these
Malaysia (Suhakam), vide deep and meaningful respect for fundamental questions and sev-
Suhakam’s letter of 29 April 2000, human rights both in principle eral related issues.
to participate in a dialogue on hu- and practice.
man rights in Malaysia to be held I. Definition of
at Suhakam’s office in Kuala We note, however, that Parliament Human Rights and
Lumpur on 15 May 2000. only enacted HRCMA 1999 Suhakam’s Mandate
amidst an intense and prolonged
On behalf of Aliran, Hakam, and political crisis which has aroused In our opin ion, the HRCMA 1999
Suaram, as well as the non-gov- grave public concern and wide places undue curbs on Suhakam’s
ernmental organisations (NGOs) protests over the deterioration of mandate by offering a truncated
which have endorsed this Memo- the human rights environment in definition of ‘human rights’
randum, we take this opportunity Malaysia. Nor is it a coincidence
to congratulate Tan Sri Musa that Suhakam has been estab- The definition of ‘human rights’
Hitam and his fellow commis- lished at a time in our nation’s provided by HRCMA 1999 refers
sioners on their appointment as history when key public institu- only to ‘fundamental liberties as
members of Suhakam. We also tions of law, order, and justice have enshrined in Part II of the Federal
wish to thank Suhakam for invit- come under relentless public criti- Constitution’. It would be self-lim-
ing us to this dialogue session. cism not least for their failure to iting, if not immediately self-de-
uphold the protection of human feating for Suhakam to accede to
The enactment of the Human rights in the country (Appendix this narrow and legalistic defini-
Rights Commission of Malaysia 3). tion of human rights as its operat-
Act (HRCMA) 1999 and the estab- ing principle for the following rea-
lishment of Suhakam together Under these circumstances, sons:
represent a small but significant Malaysian citizens are justified in
step forward in the Malaysian asking whether and to what extent a. In principle, the HRCMA 1999
rakyat’s long struggle to protect, Suhakam’s mandate, role, activi- definition runs counter to uni-
preserve and extend human rights ties and performance can properly versally accepted definitions of
in the country, among other serve and truly advance the cause human rights contained in the
things, by demanding the institu- of human rights protection in the Universal Declaration of Hu-
tion of an independent national country. man Rights, and the United
human rights commission (Ap- Nations’ main human rights
pendices 1 and 2). In particular, we are concerned to instruments, namely the Cov-
ask what statutory and adminis- enant on Civil and Political
Accordingly we welcome in prin- trative limitations, embodied in Rights, the Covenant on Eco-
Aliran Monthly 20(4) Page 9
nomic, Social and Cultural strates its acceptance of a broad (2) of HRCMA expressly states
rights, and the Covenant mandate for Suhakam by imme- that Suhakam ‘shall not inquire
Against Torture and Other diately carrying out the following into any complaint relating to any
Forms of Cruel Inhuman or actions: allegation of the infringement of
Degrading Treatment or Pun- human rights’ which
ishment. i. Parliament should amend
HRCMA 1999 to bring the a. is the subject matter of any pro-
b. In practice, the preservation of ‘Malaysian definition of hu- ceedings pending in any court,
the ‘fundamental liberties as man rights’ with universally including any appeals; or
enshrined in Part II of the Fed- recognized human rights
eral Constitution’ has been standards b. has been finally determined by
continually undermined by any court.
the Government’s recourse to ii. The Government should ratify
a host of coercive statutes, the the Universal Declaration of Indeed Section 12 (3) of HRCMA
most notorious of which are the Human Rights and the United adds that if an allegation of hu-
Internal Security Act, Sedition Nations’ various covenants on man rights infringement or viola-
Act, Official Secrets Act, Print- human rights tion being investigated by
ing Presses and Publications Suhakam ‘becomes the subject
Act and the Universities and iii.Parliament should annul the matter of any proceedings in any
University Colleges Act. four proclamations of states of court’, then Suhakam ‘shall imme-
emergency, and, diately cease’ its investigation.
c. In reality, the fundamental lib-
erties of Malaysian citizens iv. Parliament should review Suhakam should not passively
have for over 50 years lain un- harsh and coercive statutes, agree to these portions of HRCMA
der the shadow of four (4) and repeal entire laws or rel- because their enabling provisions
states of emergency, respec- evant portions of pertinent severely diminish Suhakam’s ac-
tively proclaimed in 1948, laws, so as to guarantee tual jurisdiction, reduce its effec-
1966, 1969 and 1977, none of Malaysian citizens the broad- tive investigative power, and, ul-
which has been annulled or est range of human rights as timately, prevent Suhakam from
revoked. contained in the Universal offering redress to victims of past,
Declaration of Human Rights present and future infringements
Given the Government’s far from and other related international of human rights.
admirable record on human instruments.
rights, Suhakam should not be Instead, Suhakam should insist
persuaded by any official or po- II. Jurisdiction that Parliament immediately
litically motivated consideration and Power amend HRCMA to remove these
of the ‘realities’ or ‘peculiarities’ enabling provisions that effec-
of Malaysian society to accept Any national human rights com- tively open the way for a consist-
HRCMA’s restrictive definition of mission can only function effi- ent misuse or abuse of law to cir-
human rights. Suhakam should ciently and operate with author- cumvent, terminate, or otherwise
not take as its own operating prin- ity and credibility if it is conferred make a mockery of any serious in-
ciple the truncated definition of comprehensive jurisdiction and quiry into human rights infringe-
human rights being offered by the adequate power in human rights ment and violation that Suhakam
Government via HRCMA 1999. matters. This must be particularly might undertake.
so when the commission investi-
III. Independence
On the contrary, Suhakam should gates infringements or violations
have ‘as broad a mandate as pos- of human rights. and Resources
sible’ in line with the United Na-
tions General Assembly’s ‘Paris In Suhakam’s case, therefore, it is It is incumbent upon the Govern-
Principles’ governing the estab- essential that its jurisdiction and ment to demonstrate its commit-
lishment of national human rights power are not effectively reduced ment to supporting a national
commissions (Appendix 4). or curtailed by existing law. human rights commission in deed
Suhakam should insist, therefore, by making available sufficient re-
that the Government demon- Regrettably, however, Section 12 sources to allow Suhakam to carry
Aliran Monthly 20(4) Page 10