Will Elections in Malaysia be Free or Fair?

Ambiga Sreenevasan

On May 5, Malaysians will vote in one of the most contentious general elections in the country's history. Unfortunately, Malaysia's electoral system is plagued by irregularities and unfairness at a time when a strong, independent electoral process is most needed.

Since its inception, Bersih 2.0 - a group pushing for electoral reforms, of which I am a co-chair - has argued for eight key reforms in its campaign for clean and fair elections. Over the past four years, Bersih 2.0 has made inroads in raising public awareness on the necessity for these reforms. The resulting public pressure has forced the federal government and the election commission to take a position on these issues and to make some overtures - albeit not entirely satisfactory - towards electoral reform.

Despite government posturing, however, the only reform that has been implemented for the upcoming general election is the introduction of the use of indelible ink. However, we have expressed our concern that the plan to apply the ink before the vote is cast may result in the smudging of the ballot paper and delays in the voting process.

M'sian Special Branch Working with Philippine Intelligence on Intrusion

(Bernama) - Home Minister Datuk Seri Hishammuddin Hussein said the Royal Malaysian Police's Special Branch was working closely with the Philippine National Intelligence Coordinating Agency (Nica) to investigate and identify the mastermind behind the recent terrorist intrusion in Sabah.

"Our police Special Branch has good relations with the agency. We have obtained intelligence on the involvement of a third party and information on the (Jamalul) Kiram group.

"The intelligence could also involve the Moro Islamic Liberation Front (MILF), Nur Misuari group, politicians or terrorists," he told reporters after opening the Pusat Giat Semberong at the Taman Sri Lambak hall here.

He said, the good relations between Kuala Lumpur and Manila were reflected in the Philippine coastguards detaining 38 people who were intercepted encroaching in the waters off Tawi-Tawi.

He said the ministry had long established a network cooperation with the regional intelligence agency to ensure stability in the region.

The bilateral intelligence collaboration was not only between Malaysia and the Philippines but also with Aseanapol and the member countries involved in it, such as Indonesia, added the minister.

There’s Much at Stake in Sabah

Nile Bowie

Malaysia has been in the midst of an ongoing security crisis since early February, when a group of 235 rag-tag militiamen from the neighbouring southern Philippines slipped into the eastern state of Sabah and began occupying several villages.

While engaging police in several firefights, the insurgents beheaded and mutilated several captured Malaysian security personnel, prompting Malaysian forces to deploy fighter jets in an unprecedented air assault over the area in an operation to flush out the intruders.

The gunmen call themselves the “Royal Army of the Sulu Sultanate”, representing the heirs of a long-defunct kingdom which once controlled the territory up until the late nineteenth century.

The so-called Sultan of Sulu, Jamalul Kiram III, who is believed to be directing the militant incursion from Manila, insists that Sabah is rightfully part of his kingdom and has vowed not budge on his claims even if his personnel are killed in the standoff.

Malaysians, who are preparing to vote in a pivotal general election just around the corner, have been fixated on events in Sabah as they unfold.

The Philippines are soon expecting congressional elections as well, and given the timing, local analysts are wondering how exactly did this elderly self-proclaimed Sultan obtained the resources needed to establish his own private army.

Sulu Claim – A Sad, Tragic Lie

Raymond Tombung

The Sabah claim will continue to be raised by the Phlippines and Sulu as it is powerful and emotive international issue which many leaders from Manila will find convenient to bleed for political mileage. And the many “sultans” in Sulu will continue to cast their hungry eyes at Sabah, considered to be “the last gold coin” and aspire, albeit hopelessly, to try and achieve the impossible.

But Malaysians, especially Sabahans, should be able to give a cogent argument on the issue of this claim and in favour of Sabah.

All Malaysians and Sabahans need is three or four historical facts, events or political realities to win the argument.

So let’s always keep clear knowledge of the following:

1. The controversy arising from the 1878 treaty between Jamalul Alam and British North Borneo Company.

It can strongly be argued that it was a “cession” and not a “lease” as claimed by Filipinos.

Note that any argument on the matter was decisively clarified and settled when on April 22, 1903, Sultan Jamalul Kiram signed a document known as “Confirmation of cession of certain islands” in which he says the 1878 treaty was a CESSION.

The “confirmation” of the 1878 treaty says specifically that “We, the Sultan of Sulu, state with truth and clearness that we have ceded to the Government of British North Borneo of our own pleasure all the islands that are near the territory of North Borneo… This is done because the names of the islands were not mentioned in the 22nd January, 1878 [treaty]… that the islands were included in the cession…”

2. The purpose of the Madrid Protocol of 1885 was to recognise the sovereignty of Spain in the Sulu Archipelago and also for Spain to relinquish all claims it might have had over North Borneo.

Article III of the protocol states that “The Spanish Government renounces… all claims of sovereignty over the territories of the continent of Borneo, which belong, or which have belonged in the past to the Sultan of Sulu [Jolo]….”

3. The signing of the Carpenter Agreement on March 22, 1915 in which Sultan Jamalul Kiram II was stripped off all temporal (worldly) power and retained only the empty title of Sultan. His claimed ownership of North Borneo was of no concern to the American colonists.

4. The Macaskie Dictum (Judgment) of 1939. This judgment doesn’t settle the argument although Macaskie said the annual payment was cession money and not rental money and that the nine plaintiff heirs were entitled to.

These payments, however, in no way had anything to do with territorial property. This is because a later translation by the Filipinos of the original 1878 treaty (written in Malayan Jawi) said the agreement was a “pajak” which they say meant “lease”.

(Today “pajak” can mean “purchase”). But even this judgment was preceded by the addition “cession” of 1903 and the Madrid Protocol of 1885.

Insecurity in Eastern Sabah Raises Questions!

Joe Fernandez

Hoteliers in Sabah are grumbling increasingly loudly that tourists are canceling too many bookings in the wake of the Lahad Datu Standoff and the on-going mopping up operations by security forces. They worry that things may become a whole lot worse for the hospitality industry in the state before turning for the better, if at all, in the near future.

The state has some 25,000 hotel rooms to help the hospitality industry rake in some RM5.2 billion last year from nearly three million visitors. The forecast revenue for 2015, according to Sabah Tourism Board chairman Tengku Zainal Adlin, is RM15 billion on the high side. That amounts to a quarter of the RM60 billion per annum that Malaysia presently collects from tourism receipts.

Clearly, the travel industry is high income lifeblood for the Sabah economy which already suffers the drain of most of its resources and revenues to Putrajaya. Palm oil and the oil and gas sectors are other bright spots. Timber is a sunset industry.

Foreign missions in Malaysia, erring on the side of caution, have reportedly either extended previous Travel Advisories or issued new ones urging caution if travelling to eastern Sabah.

However, travellers may not make any distinction between the Sabah east and west coasts. They may not make any distinction either between Sabah and the rest of Borneo.

They fear being the target of kidnappings.

The NEP: The Good and the Bad - Revisited

Anas Zubedy

What is the NEP?

In a simple definition, the New Economic Policy is Malaysia’s socioeconomic affirmative action plan. It was implemented in 1971 in the aftermath of the 1969 racial riots, and the period set for the implementation of NEP was 1971-1990.

The overriding objective of the NEP was stated as national Unity. The goal of the NEP was two pronged – one, eradicate poverty; and two, restructure society to eliminate the identification of race with economic function through rapid expansion of the economy over time. However, it was clearly stated that this restructuring of the racial composition of employment and ownership of wealth was to be done without denying opportunities to others. The strategy was to accelerate economic growth, but at the same time, redirect the benefits more to the disadvantaged.

What is the background of the NEP?

The NEP has historical basis. Even from the colonial days before Merdeka, the Malays had been given certain privileges by the British, especially quotas for public scholarship and civil service employment.

The period of British rule left behind some remnant effects on our society and economy. The economic system and the geographical location of where we lived and worked were divided along racial lines. The Malays were largely concentrated in the traditional agricultural sector where per capita income was the lowest and poverty was the highest. The Chinese were concentrated in mining, manufacturing and construction where per capita income was recorded as much higher. The Indians were largely labourers in estates and mining.
          
The NEP was announced in June 1970 in the aftermath of the racial riots in 1969. Whatever is said about the immediate causes of the riots, the root cause for the unrest was socioeconomical imbalance. It was clear that the problem of poverty and the economic differences along racial lines were detrimental to social stability and national Unity and had to be addressed immediately. The NEP was formulated as a concerted effort to reduce poverty and restructure the economy.

Najib: GE13 Date Only After Transformation Success

(Bernama) - Prime Minister Najib Razak said the 13th general election (GE13) has not been announced yet because the government wants the national transformation policy to be truly proven successful and that the people fully benefit from it.

He said creative ideas, detailed planning and effective implementation were crucial in the government efforts to champion the cause of the people and bring development to the country.

“That is why we wait until we are exhausted to hold the general election, we wait because I want to prove that the national transformation policy can truly succeed,” he said when launching the Seremban Sentral 1Malaysia People’s Housing (PR1MA) project, Seremban today.    

Also present were the prime minister’s wife, Rosmah Mansor, Negeri Sembilan Menteri Besar Mohamad Hassan, Information Communication and Culture Minister Rais Yatim and PR1MA chairman Jamaludin Jarjis.

Battle for Selangor: Najib leads BN's charge

(The Star) - The Barisan Nasional's charge to recapture Selangor has received a major boost with Datuk Seri Najib Tun Razak personally heading its election machinery in the state.

The decision for Najib, who is Selangor Umno chief, to be the state's Barisan election director was made during a meeting he chaired on Saturday.

Selangor Barisan secretary Datuk Mohamad Idris Abu Bakar said the meeting also discussed strategies and Barisan's preparedness in wresting Selangor from Pakatan Rakyat. He said the meeting decided that a mock election should be conducted to test the readiness of election workers.

“It will involve all parties as our election machinery officers would become the backbone behind our strategy to disseminate our policies and information to the grassroots,” he said in a statement yesterday.

Mohamed Idris said the state Barisan leadership welcomed the decision to have the Prime Minister and Barisan chairman as its election director and state Barisan coordinator Datuk Seri Mohd Zin Mohamed as his deputy.

Malaysian Government's Debt to Approach RM1 Trillion by 2020

Pak Sako

This is the second part of a three-part CPI series on Malaysian debt. The first part, entitled, 'Investigate Malaysia's debts now' , surveyed the overall debt situation.

This part examines the trend in government debt. The upcoming part will concern Malaysia's total debt.

Statistics reveal that in the last 15 years, the Malaysian government's debt increased at an unprecedented rate.

The graph below shows the statistics for the government's combined domestic and foreign debts from 1991 till the present. Forecasts are provided up to the year 2017.

The figure shows the government's borrowings from the savings of domestic citizens and from foreign creditors.

Here we ignore private debt, even though it adds to the government's debt burden, because a portion of private debt is publicly guaranteed. We also ignore other unrevealed debts.

What the statistics are saying

Investigate Malaysia's Debts Now

Pak Sako

Former prime minister Mahathir Mohamad claimed last week that Malaysia's current debt level is “healthy” compared with Greece's.

But the debt-to-GDP percentage Mahathir relied on tells next to nothing about the full extent of Malaysia's debts; the nature of these debts; or what can happen next.

The real devil lies in the details, namely:

(i) the trend in the debt level.

How has it changed in the recent past? Is there momentum in a certain direction? The federal government's debt had doubled in just four years from 2007 and 2012. Will it stop growing, or will the trend and absolute totals continue their upward rise?

In the last decade, our finance ministers have repeatedly pledged to reduce the budget deficits. This has not happened. Instead, deficits have ballooned and the federal government's debt has mounted.

(ii) the causes of debt.

For what are the borrowings and for whom? Are these borrowings for worthwhile investments that benefit the public? Are these liabilities being used to cover government operating costs or to prop up failing crony companies or the stock market? Is the use of costly loans for projects with low or no rates of return justified?

Over 1,700 Malaysians Abroad Register for Postal Voting

A total of 1,779 applications for postal voting have been received from Malaysians abroad so far since online registration was launched on December 21 last year.

Election Commission deputy chairman Datuk Wan Ahmad Wan Omar said the highest number of applications came from Australia with 406, followed by the United Kingdom (323), the United States (131), China (104) and Qatar (91).

“The EC’s decision to allow all Malaysians abroad to register online and through e-mail has proven to be effective as many took the opportunity to do so.

Education Blueprint 2013-2025: The Danger of Making a Wrong Diagnosis

Sandra Rajoo 

The revised education blueprint 2013-2025 will soon be out. Judging by the proposals in the preliminary report I am not optimistic that this new version will adequately address our education woes. Will the eleven strategic ‘shifts’ reverse the current situation? The people in the education ministry (MoE) seem to think so, yet concerned educationists, this writer included, are not convinced. These so-called new initiatives are not new. Every now and then authorities rehash them to appease critics and justify their role as custodians of education. Attempts made to get feedback from the public were half-hearted, leaving many disappointed and annoyed. Where is the sincerity?

But what is alarming, in my view, is that this blueprint and its ‘transformation’ hype is not addressing the real problems which have distorted foundations and created deep cracks in our education system. It has merely scratched the surface of our predicament. Pumping in millions of ringgit will not make any difference if the analysis is wrong and the bottom line is ignored, and nicely phrased words make no difference if not properly translated into action.

Sabah and Sarawak are Still Colonies

Sabah’s Economy on ‘Death Row’

Vidal Yudin Weil 

Upon this coming Chinese Lunar New Year in 2013, the zodiac snake will once again dawn the world. With so many political and fiscal uncertainties staring Sabah in the face, will she ever survive the python squeeze or will asphyxia be her final fate?

Or will the worst be reserved instead for the ruling coalition which has hogged the nation’s seat of power for more than half a century of dividing the people and rule, when the celestial serpent finally devour the entire Barisan Nasional in an election tipped to be held in or around February?

Will Malaysians in the country and the diaspora around the world watch and scream their lungs out with roaring ecstasy of colossal joy when past corrupt and vicious leaders and all their greedy cohorts are hunted down like fallen tyrants in the likes of Saddam Hussein, Muammar Gaddafi, Chen Shui Bian, Joseph Estrada, or Gloria Arroyo and put behind bars for crimes committed against citizens and looting the nation when Anwar Ibrahim does become the new Prime Minister of Malaysia?

The Jewish people believe that the world will end when every Jew scattered around the globe return to their homeland in Israel.

I personally believe that our motherland will eventually become a paradise when all her people can finally live together without hate, segregation, and persecution.

Many people in Sabah including Malaysians from Peninsular and Sarawak who have settled down here know very well why the BN federal government is issuing MyKads to immigrants and allowing them to flood Sabah.

Selangor Sultan: I'm on Rakyat's side

The Star

Q&A with the Sultan of Selangor

THE Sultan of Selangor, by his own admission, is certainly more cautious with his words and speeches of late. He goes through the draft of speeches with a fine-toothed comb, sometimes taking up to two weeks, to ensure the message he wants to deliver does not come across as taking sides with any political party. Sultan Sharafuddin Idris Shah tells WONG CHUN WAI and LOONG MENG YEE that the only team he wants to be on is that of the rakyat.
Disinterested in politics: The Sultan of Selangor speaking with Star Publications (M) Bhd executive director and group chief editor Wong during the exclusive interview. Disinterested in politics: The Sultan of Selangor speaking with Star Publications (M) Bhd executive director and group chief editor Wong during the exclusive interview.

Tuanku, with the general election season, it must be difficult to express your views but yet, be fearful what you say will be misinterpreted by irresponsible parties.

It is very difficult, the speeches I prepare, I will go through them many times, write and rewrite again. I want to be specific, but unfortunately, some will twist my words to say I am on the side of such and such a party; or that I am hitting out at such and such a party.

For instance, in a speech I made to university students, I stressed the importance of respect for our Malaysian flag as some people wanted to change it easily. This is the symbol of our national sovereignty. In some countries, people are willing to die for their flag. Malays, Indians, Chinese, we should be proud of our flag. But, some blogs twist my words, to say I am supporting a certain political party with my statement. Maybe some do not like Rulers who speak up.

Putrajaya

Tun Mahathir Mohamad

1. I believe people must have noticed a certain architecture associated with Putrajaya. The brown colour of the buildings set it apart from other major development in the country. The design of the buildings also differ from those usually found in this country.

2. Then there are the mosques which reflect Islamic features while not being reproductions of those in other Muslim Countries. The five-domed Court building is perhaps the most impressive (some people think it is a mosque). Each Ministry building has its own design with each having some distinct shape so that they are different from the others.

3. The mosques too are unique with one being more traditional and the other ultra modern. Yet they blend with the architecture of Putrajaya.

4. Unfortunately a new building has been added which is made up of glass, with no architectural features. It is not very imaginative as it looks like match boxes stacked on each other. It would be fantastic for New York but it is not Putrajaya. It is not very Malaysian or Islamic. It is in fact entirely out of place.

5. Of course this is only my opinion. Others will think otherwise.

6. I was in London recently. There you may do anything you like inside the house but the facade must remain as it was when it was built. You immediately know you are in London when you are in London.

Guan Eng Teaches Najib How to Fight Graft

Athi Shankar, FMT

DAP has proposed six crucial steps for Putrajaya to fight graft and rescue the country from bankruptcy.

Party secretary-general Lim Guan Eng proposed making public declaration of assets, implementing open competitive tenders, barring family members from government contracts, protecting genuine whistleblowers, removing Barisan Nasional leaders with extravagant lifestyles and coming clean on political donations.

“Will BN leaders walk their talk by applying the six steps?” asked the Penang chief minister.

He called on the federal government to first emulate his Pakatan Rakyat state government by institutionalising public declaration of assets.

Lim and his state executive councillors had already publicly declared their assets so he could not see any reason for Prime Minister Najib Tun Razak and the federal Cabinet doing so as well.

In Latest Tirade, MCA Warns Against Principles of 'Koran' in National Culture

(Harakah) -  Chinese-only party MCA has launched a scathing attack on any attempt at inculcating Islamic values in governance, and warned non-Muslims that Quranic principles and Islamic ethics would form national culture if Pakatan Rakyat comes to power.
The warning was made by deputy chairman of the party's publicity bureau, Loh Seng Kok, in a statement condemning an advisory by the Alor Setar Municipal Council that models on billboard should not appear scantily dressed.
Claiming that such a ruling was "detrimental to both the nation’s economic policies and competitiveness", Loh went on to suggest that it also trampled on non-Muslim rights.

"It is preposterous for the Pakatan state government to come up with such guidelines, ignoring the rights of the Chinese community and other non-Muslims," he said, adding that the instruction from Alor Setar mayor Mat Noh Ahmad was made "even without any amendments to the Constitution", in an apparent reference to the argument that the Federal Constitution must be amended if Islamic criminal laws were to be introduced.

"This is against the interest of the non-Muslims, and will even affect the state’s economic development," he added.

GE13: Should The Global Community Care?

By S Ambiga, FMT

Those in the international community may be forgiven for saying… “is there a problem with the democratic process in Malaysia?”.

In the international arena, our leaders portray Malaysia as a moderate Islamic nation that is built on the democratic principles that are enshrined in our Federal Constitution. The fundamental rights of freedom of expression, freedom of association, freedom of assembly, the right to life and a fair electoral process, are indeed guaranteed under our Federal Constitution.

The reality is, however, far less idyllic. There are serious questions whether these rights are respected and upheld by those in power.

Since before the 1990s, Malaysians have been pushing for a reform of the system of governance. There has been growing discontent over issues like rampant corruption, abuse of power, deaths in custody and selective prosecution (or persecution), to name but a few of the grouses.

We are increasingly alarmed by the use of race and religion by politicians to divide the people for political gain, with no regard whatsoever for the possible long-term consequences of this conduct.

Malay Votes to Decide Outcome

Baradan Kuppusamy, The Star

THE campus polls, which saw the Barisan Nasional-leaning Pro-Aspirasi group victorious in most public universities, mirrors a surge in young Malay support for the coalition in the larger society.

The campus polls followed recent political developments in the country with PAS and, to a lesser extent the PKR, coming under pressure from Malay groups to explain their co-operation with the DAP.

PAS, in particular, is under constant attack for giving in to DAP's demands and not vibrantly defending Islam as it had in earlier elections.

Conversely, PAS has also been attacked by DAP national chairman Karpal Singh for continuing to propagate hudud laws, which are Islam-based criminal laws.