Day: October 27, 2016

Give recognition to NCR concept to resolve land disputes, Sarawak government told

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Source: The Malay Mail Online

Mengga Mikui said the NCR concept calls for the government to recognise not just the cultivated farmlands, but also the communal forest reserves and territorial domain as NCR lands. — Bernama pic

Mengga Mikui said the NCR concept calls for the government to recognise not just the cultivated farmlands, but also the communal forest reserves and territorial domain as NCR lands. — Bernama pic

KUCHING, Oct 27 — A Dayak non-governmental organisation (NGO) wants the Sarawak government to recognise the concept of Native Customary Rights (NCR) over lands as a solution to settle disputes between the indigenous communities and plantation companies.

“We believe that the concept is the key to settling all the NCR land problems, some of which have turned violent,” Dayak National Congress (DNC) president Mengga Mikui said today.

He said the concept calls for the government to recognise not just the cultivated farmlands, but also the communal forest reserves (pulau galau) and territorial domain (pemakai menoa) as NCR lands.

“While the government recognises farmlands as NCR lands, but it does not recognise communal forest reserves and territorial domains as customary lands, contrary to the decisions of the Federal Court in deciding NCR land disputes,” Mengga said. Read more →

Post Ops Lalang, Internal Security Act 2.0 being slowly resurrected — Kasthuri Patto

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Source: Malaysiakini

images-1Today, Oct 27 marks the 29th year of the massive Operasi Lalang swoop by the Barisan Nasional government in 1987 in detaining over 100 Malaysian voices of conscience – politicians, educationists, environmentalists, religious leaders and activists, jailed for periods unknown to them, without judge or jury, denied the right to counsel, and detention without trial all in the name of protecting the national security of the nation.

Democratic nations were built on strong foundations of honesty, accountability, respect and justice for all, that over time, becomes the core identity, the pulse and heartbeat of a people. For the past 60 years, such cultural ideas have been deemed archaic, misogynistic, racist or even apartheid in nature by the Umno/BN government in their support for race-based cronyism and religious bigotry.

Today, I urge the Malaysian government that it is time it finds its moral compass, realises its wrongdoings, apologise to the people and sincerely make amends to safeguard the spirit and sanctity of upholding human rights and civil liberties as enshrined in the Federal Constitution that no person can be denied of, before it continues to destroy this nation of ours. Read more →

High Court sets Feb 20 hearing of church’s right to use the word ‘Allah’

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Source: The Malay Mail Online

The SIB Church is seeking for its right to use the term 'Allah' in the Bahasa Malaysia and Bahasa Indonesia translations of the Bible, and all other religious publications and materials. — File pic

The SIB Church is seeking for its right to use the term ‘Allah’ in the Bahasa Malaysia and Bahasa Indonesia translations of the Bible, and all other religious publications and materials. — File pic

KUALA LUMPUR, Oct 27 — The High Court here today set five days, from Feb 20 to 24 next year to hear an originating summons filed by the Sidang Injil Borneo (SIB) Church over the right to use the word “Allah” in its religious publications and materials.

Judge Datuk Hanipah Farikullah fixed the dates in chambers when the matter came up for mention.

Lawyer Lim Seng Heng, represented the church and its president, Reverend Datuk Jerry W.A Dusing @ Jerry W. Patel, while senior federal counsel Shamsul Bolhassan acted on behalf of the Home Ministry and the government.

Lawyer Mohamed Haniff Khatri Abdulla, representing the Federal Territory Islamic Religious Council (MAIWP), who was present as ‘amicus curiae’, when met by reporters said the court also set Nov 29 for case management.

He said the court had also changed the legal application by the church from a judicial review to an originating summons to efficiently expedite the case. Read more →

Mr Vice-Chancellor, let UKM students develop an open mind — Eric Paulsen

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Source: FMT News

BY ERIC PAULSEN

Lawyer Eric Paulsen, who represented the family of the deceased P. Karuna Nithi, says a deputy public prosecutor had written to Coroner Datuk Jagjit Singh to reopen the inquest. – The Malaysian Insider file pic, July 1, 2015.

Eric Paulsen believes that university students should be exposed to different and often conflicting ideologies, not just those approved by the university and the government. – The Malaysian Insider file pic, July 1, 2015.

Last Friday, I received a telephone call from University Kebangsaan Malaysia’s (UKM) chapter of the Asian Law Students’ Association (ALSA) that an invitation to me to speak at their national conference on Sunday had been abruptly cancelled by the UKM administration, apparently because I was ‘controversial’.

I had been scheduled to speak on the topic of “The Tough Tussle: Security or Transparency? Security Laws, Grappling with ISIS” together with representatives of Amnesty International-Malaysia and the Bar Council’s Human Rights Committee.

I can assure you, Mr Vice-Chancellor that I would have spoken on the history of Malaysia’s security laws, from the Emergency, Internal Security Act 1960 to more recent legislation like the Security Offences (Special Measures) Act 2012, Prevention of Terrorism Act 2015 and the National Security Council Act 2016. I even prepared a paper as advance notice had been given to me, and having accepted the invitation in July.

When my speaking cancellation became news, a nameless UKM bureaucrat was quoted in The Star as saying that “the management of the university felt that the slot would get too political as the event was supposed to be an academic discourse.” Presumably, this nameless UKM bureaucrat had asked not to be named – not very transparent, I must say. Read more →

Ops Lalang: Malaysia 29 years later — Jahabar Sadiq

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Source: Asian Correspondent

BY JAHABAR SADIQ

The mass rally of over 10,000 people organized by Umno Youth shortly before Ops Lalang was launched on Oct 27, 1987. Pic via Twitter.

The mass rally of over 10,000 people organized by Umno Youth shortly before Ops Lalang was launched on Oct 27, 1987. Pic via Twitter.

TWENTY-nine years ago today, Malaysia began a security sweep starting with 19 politicians, activists and intellectuals detained without trial as racial and political tensions rose over an Umno leadership crisis, issues over languages and the use of the word “pendatang” (immigrant) as a slur.

The total number held under the Internal Security Act (ISA) was 106 and three newspapers – English daily The Star, Chinese daily Sin Chew Jit Poh and Malay daily Watan – had their publishing permits suspended.

One of the dailies, Watan, never came back. The other two were never the same again.

The Star’s front page on Oct 28, 1987. Source: @kuasiswa.

The Star’s front page on Oct 28, 1987. Source: @kuasiswa.

But the issues that festered and exploded into the mass detentions continue until today. Read more →

HAKAM Statement in Support of Students Participating in #TangkapMO1 Rally

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STATEMENT DATED 27 OCTOBER 2016pdf

STUDENT ACTIVISM SHOULD BE ENCOURAGED – FREEDOM OF EXPRESSION.

Show Cause Letter issued to Anis Shafiqah Binti Mohd Yunos, one of the organizers of #TangkapMO1 rally.

Show Cause Letter issued to Anis Shafiqah Binti Mohd Yunos, one of the organizers of #TangkapMO1 rally.

HAKAM is dismayed that university authorities of University of Malaya and Universiti Kebangsaan Malaysia have taken action to issue show cause letters to the students namely, Anis Shafiqah binti Mohd Yunos and Asheeq Ali Sethi Alivi for participating at the #TangkapMO1 rally held on 27thAugust 2017.  Even more surprising is that the show cause letters were issued only two months after the event.

The #TangkapMO1 rally was initiated and led by youth leaders and participated by mostly youths who have courageously taken the stand to protest against the largest financial scandal which has rocked our nation. The scandal has been touted as the “world’s biggest financial scandal” and involved 1MDB and the official known as MO1. This case had been highlighted by our own Members of Parliament and numerous civil society organisations for the past two years. Investigations by law enforcement agencies from no less than 9 foreign countries are in progress. Newspapers and the media worldwide has published extensively on this plunder of our nation’s resources. Read more →

Controlling subsidiary legislation — Shad Saleem Faruqi

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Source: The Star Online

BY SHAD SALEEM FARUQI

Shad Saleem Faruqi - file pic

Shad Saleem Faruqi – file pic

THE making, amending or repealing of a law is Parliament’s primary function. Whether it is an ordinary Act of Parliament (like the Road Traffic Act), or a law to combat subversion or emergency, or a constitutional amendment, the legislative proposal must go through the fires of scrutiny in both Houses of Parliament.

Subsidiary legislation: Regret­tably, the above theory does not apply to delegated (or subsidiary) legislation, which is made by persons or authorities outside of Parliament on the explicit authority of a parliamentary statute (the parent law).

In fact, for every one statute passed by Parliament, there are on average 15 to 20 pieces of subsidiary regulations framed by the executive under the authority of that statute.

Subsidiary legislation is not only about minor matters of detail. It imposes taxes, fines and levies. It creates crimes. Both in quantity and in the reach of its topics, subsidiary legislation is as important as parliamentary legislation.

This shocking state of affairs has adverse implications for representative democracy and the doctrine of separation of powers. The executive enacts far more laws than Parliament.
Read more →