Dr. A. X. Jayakumar

Press Statement - Royal Commission Report, May 12, 2008

We welcome the submission of the report of the Royal Commission on the Lingam video clip to the Yang  DiPertuan Agong. We call for its full ventilation to the Malaysian public. If Prime Minister  Abdullah Badawi is serious about judicial reform, then he should take this report to its logical culmination which is the investigation and prosecution of those who the report deems to have deviated the course of justice.

We have to ask what the import of the Royal Commission’s findings are with respect to the unjust prosecutions and convictions in cases that fell within the gravitational field of  the inquiry conducted by this Commission.

It is critical that adequate measures be taken to restore the independence of the judiciary and to ensure the professional and unbiased investigation and prosecution of criminal activity by the Attorney General’s chambers that is free of executive interference.

This would involve serious consideration of the inconsistence and dubious procedures being followed by the authorities right now in the investigation of cases that involve senior government officials and, to mention a few of the more egregious allegations, murder and the massive misappropriation of public fund.

These issues are of deep concern to the Malaysian people and should not be taken lightly by the present administration. A half-hearted attempt at restoration would be as unsatisfactory as no restoration at all.

ANWAR IBRAHIM

Kenyataan Media

Kami mengalu-alukan penyerahan Laporan Suruhanjaya Diraja mengenai video klip Lingam kepada Yang Di-Pertuan Agong dan meminta laporan itu segara didedahkan kepada umum.

Perdana Menteri, Datuk Seri Abdullah Ahmad Badawi berhasrat melaksana reformasi badan  kehakiman, seperti mana yang beliau umumkan sebelum ini, maka cadangan suruhanjaya tersebut supaya menyiasat dan mendakwa kalangan yang terlibat dapat dilaksanakan.

Kami juga ingin memohon penjelasan bersabit laporan suruhanjaya yang mengaitkan isu ketidak adilan pendakwaan dan penghukuman kes-kes tertentu dibawah bidang kuasa suruhanjaya tersebut.

Amat mendesak sekali untuk kerajaan mengambil tindakan wajar mengembalikan keyakinan terhadap badan kehakiman serta memastikan agar penyiasatan dan pendakwaan salah laku jenayah oleh Jabatan Peguam Negara yang bebas dari gangguan pemerintah.

Ini pastinya melibatkan beberapa percanggahan dan kaedah yang dipertikai yang sewajarnya dipatuhi oleh pihak berwajib dalam penyiasatan kes yang melibatkan pimpinan kanan kerajaan termasuk kes-kes yang tercela seperti pembunuhan dan yang melibatkan dana yang besar.

Rakyat Malaysia prihatin tentang permasalahan tersebut dan justeru itu tidak harus diremehkan oleh pemerintahan sekarang. Sebarang tindakan yang dianggap tidak bersungguh-sungguh bagi memulihkan kewibawaan badan kehakiman pasti nya tidak akan berhasil.

ANWAR IBRAHIM

 Office of Anwar Ibrahim news update
Malaysia’s Anwar demands prosecution of top figures in judge-fixing scandal, reports the International Herald Tribune…

Anwar, a former deputy prime minister, said the government “should take this report to its logical culmination, which is the investigation and prosecution of those whom the report deems to have deviated the course of justice.”

“A halfhearted attempt at restoration (of judicial integrity) would be as unsatisfactory as no restoration at all,” he told reporters. “This is a major issue affecting Malaysia at large.”

Anwar Ibrahim named in TIME Magazine’s 100 Most Influential People in the World…

During the 1990s, Malaysian Deputy Prime Minister Anwar Ibrahim and a group of U.S. Senators organized a forum to exchange views among East Asians and Americans. Asked at one session about the role of Islam in politics, Anwar replied, “I have no use for governments which call themselves Islamic and then deny basic rights to half their population.”

Other prominent Asian leaders recognised by Time include Aung San Suu Kyi from Myanmar, the Dalai Lama, China’s Hu Jintao, India’s Sonia Gandhi and also Australian PM Kevin Rudd.

Anwar Ibrahim interviewed in Foreign Policy magazine…

FP: Do you think that Mahathir inadvertently made you a tougher opponent?

AI: Mahathir probably underestimated me. He always believed that people crack under torture or detention. He used to tell me in those days, when we were on friendlier terms, that what he dreaded most was to be detained without knowing when he would be released. So that is what he did to me. He underestimated me. He thought that I would break…

The Economist writes on Anwar Ibrahim, a government in waiting and the Winds of Change in Malaysia…

The governing coalition, led since then by the United Malays National Organisation (UMNO), is panicking after suffering its poorest-ever showing in the general election held in March. The knives are out for Abdullah Badawi, the prime minister. The opposition, newly assertive and, so far, united behind its leader, Anwar Ibrahim, claims that at least 30 MPs from the ruling coalition are preparing to defect, which would be enough for it to take power. A change of government in Malaysia—a fanciful notion until recently—now seems a real possibility…

Anwar Ibrahim returned to Parliament on April 29th for the first time in a decade. Watch his interview here on YouTube…

Saturday April 26, 2008

Story and photos by GEETHA KRISHNAN

Housing displaced estate workers in high-rise flats should be shelved because it can give rise to a different set of social problems, said Selangor Health, Plantation Workers, Poverty and Caring Government Committee chairman Dr A. Xavier Jayakumar.Dr Jayakumar said high-rise living broke the social network of these people who were drawn together owing to poverty.

“Just because they are asked to provide housing, estate owners should not simply build flats,” he said, following visits to the Semenyih Estate in Semenyih and Abaco Estate in Beranang on Thursday.

He also said the state was drawing up by-laws to ensure estate owners build suitable living quarters and care for the welfare of their employees following displacement.

Solemn lot: Dr Jayakumar getting feedback from the rubber tappers at Abaco Estate.

“Estate owners have no right to shirk their responsibility simply because the land is sold or earmarked for development.

“They should not forget that these employees have slogged for them for decades,” said Jayakumar who grew up in an estate.

He was particularly appalled and saddened with the living condition of the rubber tappers in Abaco Estate.

He said the wooden houses were reminiscent of the poor accommodation provided in the 60s.

Dr Jayakumar felt angry after stepping into seventy-year-old widow M. Rajamah’s dilapidated home where the former estate worker lived alone.

Her sole possessions were a bed and some clothes.

“These conditions are simply inhumane and unacceptable in present time.

“How can the estate owner allow his employees to live this way without piped water, electricity and toilets for the past 40 years, forcing the workers to relieve themselves in the jungle?” he asked, adding that the houses fell way below the minimum housing standard.

All the 14 families living and working in the rubber estate earn an average of RM500 and below monthly which puts them in the hardcore poor bracket because the country’s poverty line is RM650.

The workers are paid daily wages where one kilogramme of rubber is bought for 50 sen but they cannot tap rubber if it rains.

One worker said she only earned RM42 last month although the Malayan Agricultural Producers Association (Mapa) has set the guaranteed minimum wage at RM420.

The workers who spoke to Dr Jayakumar also said they were threatened not to lodge reports with the authorities by the estate owner.

Social worker S. Arutchelvan, who visits Abaco regularly, said the workers were further enslaved to the estate through micro loans that they could not afford to repay or take decades to settle due to their dismal income.

He said many complaints were filed with the Labour Department but an official who was present claimed there were no reports from Abaco.

He added that an immediate effort to improve life in the estate would be to offer skills training for the youth and to obtain birth certificates and MyKads for those without documents.

Dr Jayakumar, who also visited Semenyih Estate with Hulu Selangor assemblyman Datuk Dr Zainal Abidin Ahmad and Kajang assemblyman Lee Kim Sin, found the living conditions better there.

Only foreign contract workers were hired and the company had provided accommodation for the displaced estate workers elsewhere. Only a few families remain at the estate.

Resident M. Uma said they wanted better public amenities like drinking water. The storage tank where the water was stored emitted a foul smell and Zainal Abidin pointed out that worms could be seen at the bottom.

Dr Jayakumar said drainage in the estate would be improved while clean water would be provided.

He also said all estate owners were invited for a high-tea at a hotel in Shah Alam at 4pm on April 29.

Monday April 21, 2008

By LIM CHIA YING Photos by T.K. LIM

DENGUE fever can spread like wildfire if not controlled and the rainy season has not helped the situation in Selangor either, prompting the state government to declare war against the menace.

State health, estate workers, poverty and caring government committee chairman Dr Xavier Jayakumar asserted that the present graph on the number of dengue cases reported each week was quite stable.

“We have somehow managed to keep it at a certain figure. However, the number of cases is still not at a satisfactory low, especially in densely-populated areas like Gombak, Petaling Jaya, Shah Alam and Klang and we are working to reduce the number,” Dr Xavier said.

He also said the state government was increasing monitoring at various areas through local authorities and with the help of state health officers.

“We have people going around to check areas and compounds where mosquitoes could breed. Dedicated wards to admit infected patients are also provided at government hospitals.

“The many abandoned projects in the state have also contributed to high incidences of dengue,” he explained.

Dr Xavier said the state and federal health departments worked closely and he was updated on the number of cases each week through the local councils.

Local authorities are also doing their bit to help raise awareness among the public while some residents also play their part by doing their own clean-ups.

On Saturday, the Subang Jaya Municipal Council (MPSJ) went on its second week of anti-dengue operations as part of the 10-minute campaign mooted by Subang Jaya assemblyman Hannah Yeoh.

Yeoh has urged all Subang Jaya and USJ residents to spend 10 minutes a week to check their compounds and discard all bottles, cans, or old tyres. These items will then be collected by MPSJ officers every Saturday afternoon.

MPSJ health director Dr Abdul Rahim Ahmad said cases in Subang Jaya had shown a decline although he could not determine if the reduced statistics were due to increased public awareness or the fogging rounds that the council had been carrying out.

Preventive step: MPSJ’s Hair Nizam placing Abate in a drain during the campaign.

“Being the enforcement agency responsible, we also go house-to-house to carry out surveys and determine the Aedes Index and Bruteau Index.

“Immediate measures like depositing Abate and fogging will be taken if the Aedes Index increases by 2.5% or if the Bruteau Index increases by more than 5%.

“It is important for residents to cooperate with us by opening windows when we are fogging, overturning pots and containers that contain water and not littering,” Dr Abdul Rahim said.

Last year, the council once had 159 reported cases in a week – the highest recorded throughout the state and country. This year, however, the highest number of cases reported a week is only 49.

Dr Abdul Rahim said while the rate was not alarming, there should still be cause for concern and people should take precautions.

Dr Abdul Rahim said the Aedes mosquito lived in clean, stagnant water and in places that were shady.

“We have no frontline defence because mosquitoes are everywhere. It’s total warfare and everyone must play their role,” he said.

“Residents have complained to me that fogging alone is not enough and this is why all must play their part.

“People must also get rid off the ‘it will not happen to me’ mindset, because dengue could affect anyone,” Yeoh added.

USJ Residents Association vice-president Melvin Lee said fighting dengue should be a long-term effort and not just a knee-jerk reaction.

“Dengue is a known problem, therefore new strategies and plans should be devised to educate the people and raise awareness.

“The council, as a responsible authority, should tackle the problem, because lives are at stake. It should try to get everyone involved and to reach out to more people.

“I’m not sure if distributing flyers alone is going to work as people may not even read them,” Lee said.

He also said the council had not put up many banners to publicise the anti-dengue operation.

“Dengue broke out in my USJ 5 neighbourhood some years ago but a few residents took the lead by talking to other residents.

“People responded to us positively and in the end, we won the battle,” Lee added.

Yeoh said she would rope in volunteers soon to go to each apartment unit and show residents the little things they could do to make their homes dengue-free.

Dr Abdul Rahim said in the past, banners had been given to community leaders to be put up in their neighbourhoods but the people tasked with doing so had failed to carry out their duties.

“We actually made announcements to residents in the areas we visited today,” he said, adding that he was also looking at new approaches to reach out to foreigners.

He said the council was not denying its responsibilities and he was not giving up the fight.

“This is our commitment to the people,” he said.

“We also will not hesitate to issue compounds to those found guilty of breeding mosquitoes, “ he said.

PREVENTIVE MEASURES

– Throw unused items into the bin or bury them.
– Check and clean roof gutters so that it is not clogged with rubbish and leaves.
– Change the water and clean flowerpots or bathtubs every week.
– Ensure water containers are closed tightly to prevent mosquitoes from breeding.
– Placing Abate according to the right measurements into tanks or places that hold water.
– Rear fish that eat larvae in huge tanks, like guppies.
(Courtesy of MPSJ’s dengue leaflet)

DENGUE STATISTICS FOR LOCAL COUNCILS IN SELANGOR

Total: 4389 reported cases from Jan 1, 2008, to date
MBSA: 855 reported cases
MPK: 676 reported cases
MPKj: 595 reported cases
MPSJ: 531 reported cases
MBPJ: 371 reported cases
MPS: 276 reported cases
MPAJ: 181 reported cases
Hulu Selangor District: 180 reported cases
Klang District: 178 reported cases
Gombak: 148 reported cases
Kuala Selangor: 99 reported cases
Sabak Bernam: 84 reported cases
Kuala Langat: 78 reported cases Sepang: 69 reported cases
Hulu Langat: 68 reported cases

Tuesday April 8, 2008

By ELAN PERUMAL

ESTATE workers in Selangor can expect better things with the state government taking a serious look into their working environments and living condition, state estate workers committee chairman Dr Xavier Jayakumar said.

Dr Xavier said his office would be working closely with the Selangor branch of the National Union of Plantation Workers (NUPW) so that the welfare of the estate workers would be taken care of.

He said he had a meeting with the NUPW on Friday and it was a fruitful session and there would be more consultative meetings.

Working together: Dr Xavier having a discussion with Navamukundan.

“NUPW has forwarded a memorandum addressing the issue of basic amenities for the workers which includes water and electricity supplies and the home ownership scheme.

“We have spoken at length on the home ownership scheme and the workers can definitely expect something good to come from the state government soon,” he said after meeting NUPW general secretary Datuk G. Sankaran, executive secretary A. Navamukundan and Selangor secretary V. Tamasegaran.

Dr Xavier said the Pakatan Rakyat Government was aware of the plight of the estate workers and was fully committed towards increasing their standard of living.

While the state had progressed a lot over the last 50 years, he said the question to be answered was how much things had changed for the estate workers who had contributed towards the economic growth of the nation.

“We want the condition in estates to improve and we will be calling about 100 estate owners for a meeting soon.

“We expect to gauge the condition of the estates from the perception of the owners before visiting the estates,” he said.

Sankaran said he was happy with the meeting and hoped the union’s proposals and feedback would be taken seriously by the new state government.

He said NUPW was keen on implementing a workers housing scheme in all estates.

“We hope the new government will make the estate workers housing scheme compulsory for all estate managements to implement,” he said

March 11, 2008 - PETALING JAYA, MALAYSIA

KeADILan’s economic agenda received a resounding mandate on March 8th when Malaysians went to the polls and quadrupled the number of seats held by the opposition in Parliament, awarding us with 50% of the seats in West Malaysia. After a decade of economic mismanagement, unchecked inflation in recent years and lagging competitiveness vis-a-vis Malaysia’s neighbours, we are confident that under our leadership and working closely with our partners, we will begin to implement policies to ensure a stronger and more vibrant economy in Malaysia.

Looking to the future, the coalition, using its control of five key states, Selangor, Perak, Penang, Kedah and Kelantan, will implement business-friendly, free-market policies to stimulate growth, attract foreign investment and promote greater accountability and transparency in business dealings.

One of our priorities in the upcoming weeks will be to initiate dialogues with the foreign investment community already present in Selangor, Perak, Penang, Kedah and Kelantan to ensure investor confidence remains strong during the transition period and also to identify areas of concern that our new governments will address in enhancing and improving their operations and performance in Malaysia.

Our no-tolerance policy on corruption will have a major impact in reducing transaction costs and building confidence in small and medium enterprise. We also plan to divorce government employees from doing business with the government thereby reducing incentives for cronyism and insider deals which are plaguing the current administration.

The Malaysian Economic Agenda which was a cornerstone of KeADILan’s election promises can be implemented at the state level to reduce race-based affirmative action policies and begin to implement a more competitive, merit based system. This will immediately increase foreign investment, improve the state’s tax revenue and begin to promote more equity and income parity. Furthermore we will honour our promise to protect the marginalized from each ethnic community.

The unexpected margin of our victory caught the nation and the region by surprise. A short term adjustment in the KLSE and weakening of the Ringgit is expected but will not persist unless Barisan Nasional chooses to pursue a regressive policy of punishment, and withholds its commitments for development allocations to the now opposition controlled states. We would warn Barisan Nasional however, that doing so will further alienate its position with the people.

ANWAR IBRAHIM
Advisor, Parti KeADILan Rakyat

Indelible ink not compulsory : SPR /EC liars !

The protest by BERSIH, that took place last Friday on the 15th February, was because of the lies and broken promises by SPR (Malaysian Election Commission or EC).

One of the most significant issues is the issue of indelible ink.

“Indelible ink can prevent multiple voting, effectively disposing of the phantom voter problem. However, effective employment of indelible ink however requires the amendment of the Elections (Conduct of Elections) Regulations 1981, which by law needs to be laid before the Dewan Rakyat for approval.

Although the National Fatwa Council had consented to its use in early August 2007, the Election Commission deliberately failed to present the amendment to Parliament in its last session which lasted from late-August to December 2007. It also did not advise the Prime Minister against requesting for parliamentary dissolution before such an amendment is made.

As it stands now, the employment of indelible ink has no legal basis and any voter can refuse to be marked,just by signing the so-called Form 10A, which in itself is an unlawful creation of the Election Commission. This throws open the door for all phantom voters to opt out from this crucial exercise while giving the Election Commission a golden opportunity to falsely claim that the election is free from multiple voting.”

SPR had earlier stated that they do whatever the Opposition asks of them, for example they claim they are providing, clear see through ballot boxes, indelible ink etc. But what they failed to tell us that they would make the application of usage of indelible ink NOT COMPULSORY !!

AND at the same time, they have removed the serial numbers from the ballot papers. At least before with the serial numbers we could ensure that those ballot sheets belong to that saluran/voting room.

It feels like the SPRis really taking the Opposition for a ride this time around. The effect of their actions, is that people can vote more than 1 time (because they won’t have ink on their finger) and they can use any ballot paper they like…or even MORE THAN 1 ballot paper (because there are no serial numbers) !!!

SPR is a disgrace and the greatest insult to the principles of democracy in Malaysia.

Giving the parties 13 days to campaign is just a farce.

February 13, 2008

The dissolution of the Malaysian Parliament by Prime Minister Abdullah Badawi on February 13th comes as no surprise as approval ratings for himself and for his government have dropped to all-time lows. Malaysians are hard hit by rising prices, rampant crime, endemic corruption and heightened ethnic tensions. The longer that Barisan Nasional waits, the more seats it stands to lose in the General Election.

These elections are being called more than a year early, in the very middle of the Chinese New Year celebrations, and one month before the illegal ban on my participation in these elections expires. Denying me the opportunity to contest demonstrates that the four-year track record of the Abdullah administration has been so banal, disappointing and characterized by failure that it can ill-afford to take any chances by allowing for a truly democratic electoral process.

The spectre of rampant voter fraud still looms large as adequate measures have yet to be implemented to prevent phantom voters and monitor other election day irregularities, including in particular the manipulation of postal votes. The mainstream media is strictly controlled by the government and used as an instrument to spread propaganda and mistruths about the opposition. Law enforcement officials are instructed to disrupt and harass public gatherings organized by opposition parties and civil society.

KeADILan (the People’s Justice Party) is fully prepared to overcome the barriers that have been imposed on us by the ruling party. Our candidates have worked tirelessly to expose the failings of the government convey our vision of hope for a better Malaysia. We have been ready for these elections for months. Along with our allies in the Opposition, we are ready to put Malaysia back on track, and to give Malaysians the government they rightly deserve.

ANWAR IBRAHIM

It was stated by the PM today, that the SPR (Election COmmission) will be having a press conference tomorrow at 11 am (Thursday the 14th February), with regards to the dates for nomination and election.

Thus far, some sources have speculated that the 21st February - Nomination Day

& the 2nd of March - Election Day

Ceramah Umum & Perasmian Bilik Gerakan bagi DUN Sri Muda & Parlimen Kota Raja

3 Februari 2008 @ 8.30 malam

[ceramah akan berlangsung di 2 lokasi pada masa yang sama, penceramah yang sama akan berada di kedua-dua lokasi]

Penceramah/ :- Dato Seri Anwar Ibrahim
Speakers            Dr Lee Boon Chai
Dr Xavier Jayakumar
Sdr Suhaimi & Sdr Johari Abdul
Sdr Pushpa & Sdr Rajoo

ADDRESS (1) : No.6 Jalan Adil 25/10
Taman Sri Muda
Shah Alam
(Pekan lama - dekat Masjid Taman Sri Muda)

(2) : Lot 4491A, batu 1.5,
Jalan Kota Raja, Kg Jawa
41000 Klang
(sebelah pasaraya kg jawa)

[ceramah akan berlangsung di 2 lokasi pada masa yang sama, penceramah yang sama akan berada di kedua-dua lokasi]

Escalating threats to fundamental rights in Malaysia (courtesy of AI)

Amnesty International Malaysia condemns the arrests of participants near the Kuala Lumpur City Center (KLCC) in last Saturday’s planned protest against price hikes organized by the Coalition Against Inflation (Protes). We also take great concern over the selective prosecution initiated against a journalist for
allegedly obstructing a police officer from carrying out his duties.

Amnesty International views these actions as a clear abuse of power that disregards the right of the public
to hold peaceful assemblies and their right not to be subjected to torture, or cruel and inhuman, or
degrading treatment.

Furthermore, the UN Code of Conduct for Law Enforcement Officials spells out in Article 5 that no
law enforcement official may inflict, instigate or tolerate any act of torture or other cruel, inhuman or
degrading treatment or punishment or invoke superior orders or exceptional circumstances, such as a threat to national security, to justify these actions.
We are also very concerned over the continuous act of obtaining blanket unilateral restraining orders
against the general public as a means to crack down against public assemblies. Amnesty International
Malaysia is of the view that the act of obtaining such restraining orders is a serious abuse of the legal
process. This is because such applications are made and granted based solely on one party’s prejudice that undermines the subjected parties’ right to be heard in an open court.

The court order also gives the police unlimited powers and enables greater abuse of power as it subjects the general public to great risk of arbitrary arrest, detention as well as torture and other form of ill
treatment, and selective prosecution. Amnesty International Malaysia views that the court order
undermines the fundamental freedoms of assembly and movement guaranteed in our Federal Constitution.
We would also like to express serious concern over the arrest and detention of a journalist from the web
newspaper Malaysiakini.com. Amnesty International Malaysia views his arrest as a serious failure to
respect and recognize the professional function of a journalist in his or her cause of duty. We regret that
the police decided to respond to queries by a journalist with a charge of obstructing a police
officer from performing his duties.

We view that the charge against the Malaysiakini journalist is another act of intimidation to undermine
media freedom and the rights and freedoms of journalists to report without intimidation and threats
of arbitrary arrest, detention and selective prosecution.

In light of the fact that more demonstrations are likely in the lead up to elections expected early this
year, Amnesty International Malaysia demands that the Government of Malaysia fully respect the fundamental rights of all people and implement the recommendations made by the Royal Commission on Police to amend Section 27 of the Police Act and to implement the draft 2005 Independent Complaints and Misconduct Commission (IPCMC) Bill immediately.

Released by

K.Shan
Campaigns Co-ordinator
Amnesty International Malaysia