Lessons from Kg.Buah Pala

< Lessons from Kg.Buah Pala

After years of tussle ,Kg.Buah Pala, popularly known as the High Chaparral of Penang, was finally destroyed and it will soon become just a name in the history of Penang. It is to be replaced by a RM200 million luxurious condominiums ironically called “The Oasis” that is expected to give Penang a more pleasant, modern and luxurious outlook to boost its image as a tourist destination.

It is a well known fact that evicting long-term occupants of public land had always been a very thorny problem that is closely inter-twined with emotional, social and human rights issues which are easily sensationalized by the media and exploited by political opportunists. Kg.Buah Pala was not any different, where the controversial acquisition and sale of the land, negotiations for compensation and the subsequent forced eviction of the residents were handled in a very high handed and inhumane manner that leaves much to be desired.

Unreasonable promises by certain parties raised the hopes of the residents to emotionally high levels that led to the unpleasant encounters between them, the government, developer and finally the demolition team and police. The whole saga revealed that in business and politics there is no place for compassion and humanity towards the underprivileged even by the state.

The issue of Kg.Buah Pala is not something that cropped up overnight but has been going on for some years from the time of the previous government. I am sure the government, owner and developer were well aware of its ramifications, yet the way it was handled and finally demolished does not speak well for a government that puts the people’s welfare above all others.

The villagers were accused of being too greedy in not wanting to accept the quantum to be paid in compensation. By the way in our materialistic society who is not greedy these days? Who doesn’t want a better deal? Why was the land sold to a third party in such a controversial manner when it should rightly be offered first to the occupants? What was the reason for the erecting the luxury condominiums in that place? Is that what Penang needs most now? If these were not done out of greed what is it then? It is ironical that in a society where everything is driven by greed, these poor villagers and cowherds are being branded as greedy for not willing to give up their homes.

Like in all cases, there may some residents who were out to take advantage of the situation for monetary and political gains. However we forgot that there were also among them who were genuinely desperate and lived in fear of losing their livelihood and homes. To them the government has failed in its duty to protect their interests regardless of who caused their hardship and predicament. It was more interested in monetary gains in deciding to sell the land that would make way for luxury condominiums which is the last thing that Penang needs at the moment.

The Kg.Buah Pala saga should be a lesson for all to prevent the repeat of such incidences in the future. The government should be more accountable and forthright in its dealings with the people. The truth must be revealed and not submerged by false promises made for political gains. The truth, that the residents will have to finally vacate the premises, may be bitter but will eventually be accepted by the people if it is handled with tact and care.

The government must review all development projects in the state and stop all unnecessary ones. Over development has resulted in the unnecessary loss of beautiful beaches, hills and recreational parks and fields that were once the attractions of Penang. The so-called development projects should not be carried out solely for the sake of spinning money for the state and big co-operations but for the benefit off the people at large. It must strike a balance between development and the all-important preservation of natural resources, the environment and our heritage.

Meanwhile occupants of government land should realise that they are only temporary occupants who may be required to vacate one day and they must plan their own developments and activities in advance and not wait till forcefully evicted. They must understand that developments are inevitable with time and negotiations for compensation and relocation must be carried out well in advance in accordance with the laws of the land.

The Kg.Buah Pala dilemma leaves bitter memories in the minds of the residents and Penagites. It may have been a political issue for some and a legal or commercial one for others, which they had to win at all costs. For the genuinely desperate residents, especially the elderly, it was an emotional and hear-breaking issue that affected their livelihood and the very existence of their homes where they have been living for over a century.

It is sad that in the enthusiasm to win the battle,the interests of this poor group of Malaysians were overlooked and they became the real losers in the tussle. To them all that remains are memories of scenes of the unpleasant and brutal ways their dwellings were demolished by heavy machinery and demolition workers under the watchful eyes of the police, leaving them without the places which they called their homes for over a century.

The feelings of the residents can be summed up by the comments of a 84year old resident that was quoted in the NST. “… my children were born and bred here. Now, I have to live to see the day everything that we built being smashed to the ground” said the elderly man with tears in his eyes as he watched his partly wooden house being pulled down by the workers.

Dr.Chris Anthony

Zaid: Ketuanan Melayu has failed

Zaid: Ketuanan Melayu has failed

Malaysiakini,Oct 31, 08 2:32pm

The ‘Ketuanan Melayu’ model has failed, declared former law minister Zaid Ibrahim in an incisive speech at the LawAsia 2008 conference in Kuala Lumpur this morning.
“It has resulted in waste of crucial resources, energy and time and has distracted from the real issues confronting the country,” said Zaid, who criticised the race-based policy despite being a member of the ruling Umno party which was set up to safeguard Malay interests.

Zaid also noted that ‘deputy premier in waiting’ Muhyiddin Yassin had suggested the need for a closed-door forum for leaders of the Barisan Nasional to develop a common stand, a renewed national consensus grounded on the social contract.

“This is positive step but it should include all political leaders and be premised on the
social contract that was the foundation of independence,” said the lawyer by training who was made senator and subsequently minister entrusted with the task of reforming the judiciary by Prime Minister Abdullah Ahmad Badawi following the March 8 elections.

He quit last month in protest against the arrest of three individuals under the Internal Security Act, which provides for detention without trial.

Zaid said March 8 was a clear indicator that the ruling BN coalition no longer exclusively speaks for the people.

He also underscored the importance of promoting discourse and dialogue so that Malaysians learn to talk and to listen to one another again. “Communication and trust amongst the people must be re-established,” he urged.

The former minister called on the BN government to abandon its ‘reworked’ concept of the social contract and embrace a fresh perspective borne out of discussions and agreements made in good faith with all the communities in this country.

“It is time for us all to practice a more transparent and egalitarian form of democracy and to recognise and respect the rights and dignity of all the citizens of this country.”

Mukhriz singled out for criticism

Singling out Mukhriz Mahathir for criticism, Zaid said the Umno Youth chief aspirant typifies what is perceived as the kind of Umno leader who appeals to the right-wing of Malay polity.

Zaid also referred to the recent remarks made by the son of former premier Dr Mahathir Mohamad that there was no need for law and judicial reforms as it would not benefit the Malays,

“That he may be right is sad as it leads to the ossification of values that will only work against the interests of the party and the nation,” Zaid lamented in his 16-page speech.

“This type of thinking may pave the way to a suggestion in the future that we may as well do away with general elections altogether as they may not be good for the Malays for if the justice that a revitalised rule of law would allow for is not to the benefit of the Malays, what is? More inefficiency, more corruption and a more authoritarian style of government perhaps.

“We are a deeply divided nation, adrift for our having abandoned democratic traditions and the rule of law in favour of a political ideology that serves no one save those who rule,” he added.

According to Zaid, the obsession with the Ketuanan Melayu doctrine has destroyed something precious in Malaysians.

“It makes us lose our sense of balance and fairness. When a certain Chinese lady was appointed head of a state development corporation, having served in that corporation for 33 years, there were protests from Malay groups because she is Chinese,” he said referring to controversy involving the appointment of Low Siew Moi as acting head of the Selangor Development Cooperation (PKNS).

“A new economic vision is necessary, one that is more forward looking in outlook and guided by positive values that would serve to enhance cooperation amongst the races. This will encourage change for the better, to develop new forms of behaviour and shifts of attitudes, to believe that only economic growth will serve social equity, to aspire to a higher standard of living for all regardless of race.

“We need to meaningfully acknowledge that wealth is based on insight, sophisticated human capital and attitude change. A new dynamics focused on cooperation and competition will spur innovation and creativity.

“Some might say that this is a fantasy. I disagree. How do we go about transforming the culture and values of the bumiputeras so that their ability to create new economic wealth can be sustained?

“By changing our political and legal landscapes with freedom and democracy.”

On that note, Zaid said Mahathir was right to ask the Malays to embrace modernity but the 82-year-old statesman fell short by only focusing on the physical aspects of modernity.

“He was mistaken to think all that was needed to change the Malay mindset was science and technology. He should have also promoted the values of freedom, human rights and the respect of the law.

“If affirmative action is truly benchmarked on the equitable sharing of wealth that is sustainable, then we must confront the truth and change our political paradigm, 40 years of discrimination and subsidy have not brought us closer. There is a huge economic dimension to the rule of law and democracy that this government must learn to appreciate.”

Conflicts of jurisdiction require resolution

The former law minister conceded that relationship between Islam, the state, law and politics in Malaysia are complex.

“How do we manage legal pluralism in Malaysia? Can a cohesive united Bangsa Malaysia be built on a bifurcated foundation of syariah and secular principles? Will non-Muslims have a say on the operation of Islamic law when it affects the general character and experience of the nation? This is a difficult challenge and the solution has to be found.”

Zaid quoted leading Muslim legal scholar Abdullah Ahmad an- Na’im who believed that a distinction should be made between state and politics.

Abdullah Ahmad, he added, believes that Islam can be the mediating instrument between state and politics through the principles and institutions of constitutionalism and the protection of equal human rights of all citizens.

“Whatever the formula, we can only devise a system that rejects absolutism and tyranny and allows for freedom and plurality if we are able to first agree that discourse and dialogue is vital. Democracy and respect for the rights and dignity of all Malaysians is the prerequisite to this approach.”

Zaid stressed that the conflicts of jurisdiction in Malaysia requires resolution.

The civil courts, he said, are “denuded of jurisdiction” to deal with matters that fall within the jurisdiction of the syariah courts.

“No court has been given the jurisdiction and power to resolve issues that may arise in both the syariah courts and the civil courts. The present separation of jurisdictions presupposes that
matters will fall nicely into one jurisdiction or the other.

“However, human affairs are never that neat. What happens to the children of a marriage where one party converts to Islam and the other party seeks recourse in the civil court? Or when the syariah court pronounces that a deceased person was a Muslim despite his family contesting the conversion?

“Or where the receiver of a company is restrained from dealing with a property by a syariah court order arising out of a family dispute?

“Where do the aggrieved parties go? I had suggested the establishment of the constitutional court, but that plea has fallen on deaf ears.”

Malays not under seige

The former minister had also touched on the use of draconian measures, which according to him had seen a marked increase in dealing with political and social tensions.

“Some people say that groups such as Hindraf (Hindu Rights Action Force) advocate violence and therefore justifies the use of such measures. They may have overlooked the fact that
violence begets violence.

“Was not the detention of Hindraf leaders under the Internal Security Act itself an act of aggression, especially to people who consider themselves marginalised and without recourse?

“It is time that the people running this country realise that we will not be able to resolve conflicts and differences peacefully if we ourselves do not value peaceful means in dealing with problems.”

Zaid argued that the situation had been aggravated by the absence of an even-handed approach in dealing with organisations such as Hindraf.

“While I applaud the prime minister for calling upon the Indian community to reject extremism, should not a similar call be made on the Malay community and (Malay daily) Utusan Malaysia?

“I call on the prime minister, both the outgoing and the incoming, to deal with such issues fairly. Start by releasing the Hindraf leaders detained under the ISA. The release would create a window for constructive dialogue on underlying causes of resentment.

“I also appeal for the release of (Malaysia Today editor) Raja Petra (Kamarudin) from his ISA detention. He is a champion of free speech. His writings, no matter how offensive they may be to some, cannot by any stretch of the imagination be seen as a threat to the national security of this country.”

The Malays, Zaid said, are now a clear majority in numbers and the fear of their being out numbered is baseless.

“They are not under seige. The institutions of government are such that the Malays are effectively represented, and there is no way the interest of the Malays can be taken away other than through their own weakness and folly.”

Repeal not just review ISA

ISA evil and obselete

We welcome the recent announcement by the Minister in the Prime Minister’s Department, Datuk Zaid Ibrahim, that the Internal Security Act (ISA) is to be reviewed. Although it falls far short of the people’s expectations to have it repealed, nevertheless it is an indication of the government’s compromising stand that is unprecedented with regards to the ISA.Its willingness to review certain provisions of the ISA hopefully marks the beginning of the process leading to its ultimate abolition.

One of the laws that the people have opposed so aggressively over the last 20 years is the draconian ISA that empowers the government to detain anyone for up to 2 years without trial or justification whatsoever but mere suspicion of being a threat to national security. The vehement opposition not only comes from the Opposition parties,NGOs and various human rights groups from within and outside the country but most significantly of late from the rakyat themselves, regardless of their race, religion and political ideology. These groups have voiced their opposition in no uncertain ways including resorting to demonstrations and street protests but to no avail.

We have come a long way, fighting the colonialists, the communist insurgency and Japanese occupation. At that time, there was no way of identifying the enemy and we needed a law like the ISA to detain someone on mere suspicion of subversion, to protect the nation and the people. Today we do not have such enemies of the state anymore as we are all loyal citizens of an independent and sovereign nation with its own laws and code of ethics.

We have a legitimately elected government and an opposition, to represent the people in a duly established and respected parliament. We have an independent police force and judiciary to enforce and punish those guilty of subversion. We have sufficient laws to act against anyone who threatens the security of the nation, why do need to resort to arrest and punish someone without proving his guilt? Isn’t that a grievous breach of the basic human rights of an individual?

We are all aware that the ISA had been abused for political reasons by those in power. Not only politicians but professionals, members of Non-governmental Organisations(NGO),students, educationists and even religious and spiritual leaders have been detained under the ISA for questioning the injustices and abuses of the government and championing the rights of the people. Not only are they detained under deplorable living conditions but they are subjected to severe physical and mental torture like hard-core criminals.

Pak Lah has shown greater tolerance to opposing views unlike before as shown by various groups being bold to voice out controversial views including even asking him to step down as PM. It is unfortunate that this increased space for freedom granted is construed as a sign of weakness by his critics when in actual fact it reflects an increasing maturity of Malaysians.

We hope Pak Lah will take the extra step to demonstrate that tolerance and maturity not only review but ultimately abolish the much dreaded ISA. As a gesture to acknowledge his willingness to listen to the rakyat, Pak Lah should first release all ISA detainees and reassure the people that he will not resort to the draconian ISA in future for whatever reasons.

This will go a long way to win the hearts of the people which he needs very badly at the moment. The people are his greatest strength and he can only tap onto that strength by heeding their calls which is very loud and clear that they want the ISA repealed.

Dr.Chris Anthony

Pakatan Rakyat : paving the way for two-party system?

Pakatan Rakyat : paving the way for two-party system?

 

It’s another milestone in the history of the nation – the formation of Pakatan Rakyat (Pakatan) which paves the way for the formation of a two-party political system for the country.

Malaysians in general, regardless of ethnicity, welcome this move by the leaders of the tripartite coalition of KeADILan, DAP and PAS. It augurs well for the future of the nation as it would provide a check and balance for the party in power.

We salute the leaders of the various parties, Mr.Lim Kit Siang, Datuk Hj.Abdul Hadi Awang, Datin Seri Dr.Wan Azizah and Datuk Seri Anwar Ibrahim for coming together to forge the formation of the coalition. They have taken the small but bold first step that will ultimately lead the nation to greater heights to become a truly united Malaysia, equal to other first world countries.

It shows that these leaders with their wisdom and experience have finally put aside their ideological differences to fulfill wishes of the rakyat, who have overwhelmingly voted for change and unity.

Nobody should be allowed to sabotage this agreement for mutual cooperation by their narrowed-mindedness and skewed political motives which used to be the practices of the past. The demand for unity among the various races should be cherished by all.

In the recent elections the people had risen above race and religion to vote for Pakatan.   Unfortunately in the formation of the new Pakatan governments in Perak and Selangor there were some unhealthy squabble for posts in the Exco which was finally resolved amicably. Demands for deputy Menteri Besar posts for particular races were made. Then there was also the issue of the racial composition of the Exco itself. Such demands are expected because of the system of communal politics that we were all subjected to all these years.

One of the ideals of multiracial politics as advocated by the Pakatan is to do away with the belief that only leaders of a particular race can represent his community effectively. Why should this be so?

On the contrary any Malaysian regardless of his race should be equally capable of representing the interests of any other community if he really wants to and that is what we as Malaysians must strive to achieve. That is the greatest challenge facing us today – are we prepared to accept each other from different ethnicity as fellow Malaysians?

After being used to politics along communal lines, it may not be easy for us to change our mindset overnight to adopt the new political realities. It will not only take time and effort but above all goodwill and compromise by all communities.

Things may appear to be unfavorable to a particular community in the beginning but with perseverance and leaders committed to perpetrate unity, the ultimate result will be a win-win situation for all.

In keeping with the demands of the people, the BN too should reconsider its style of communal politics and opt for a broader multiracial approach. People and governments all over the world are saying ‘NO’ to racism, what are we waiting for?

Dr.Chris Anthony 

Elections 2008 : Let’s do our duty

Defining moments for the nation

It is a day away when Malaysians will go to the polls. After 50 years we have finally reached the crossroads and the moment has come for us to decide whether we want to continue navigating the same course or make a change for what we believe will mark the dawn of a new era in Malaysian history.

There is no doubt that the since independence BN government had given tremendous development and progress. Many of us owe the government for our successes in life. Unfortunately the opportunities that were available to us then are not there anymore for our children.

Unfair and discriminatory policies have deprived our children the opportunities to excel in their own country. At the same time, the government, is also directly or indirectly the cause of the numerous problems that plague the nation today. These are due to the uninterrupted rule with absolute power of the BN government over 50 years.

History has shown that any government if given absolute power for too long tends to becomes arrogant and corrupt. It tends to breed nepotism, cronyism, favoritism and finally it loses touch with the masses. Its leaders become surrounded by powerful ‘yes  men’ who would glorify the leader for whatever he does, even if it is wrong and disastrous. 

A system that has been in power for too long needs a jolt of their conscience to bring them back to reality that the people at the grassroots are not pleased with their performance. It needs a better check and balance system in the form of a strong and effective opposition in parliament. 

Over the last 10 days or so we have witnessed the vigorous campaigns of the various political parties and their candidates, each claiming to be the best. Each claim they have the best plans and strategies to bring the nation and the people to greater heights. Most of them have promised the heavens; bringing down oil prices, high minimum wages, allowance for housewives, equal rights for all, free education, even free houses for the poor and so on. Some of these promises are too good to be true. In fact some of them are so ridiculous and are an insult to our intelligence and integrity. 

During this campaign period we have noticed a sudden change in the attitude of our YB’s; have become so people-friendly, going visiting house to house, providing cash and other forms of aid and even attending funerals and so on. They virtually go down on their knees to beg for votes from the very people whom they ignored over the past 4 years in power. How we wish we had elections every year. 

Many of us would have already decided on whom to vote but there is still a large number who depend on the ongoing political ceramahs to make up their minds. Well the politicians can say and do what they want but the final decision is with us, the voters. We should not be taken away by these empty promises and humble acts which are just political gimmicks to win votes. Instead we must be mature enough to analyse the good and bad of what they had pledged and after evaluating their merits and practicality, come up with a clear mind on whom to vote.

This election is not so much about peace, prosperity and security, which we all already enjoy, thanks to the BN government. It is also not so much about business and physical development which we have in abundance, thanks again to the BN government. 

Rather the 12^th General Election it is more so about electing a government: 

1.With a better check and balance so that it will use its powers wisely and solely for the benefit of the people, a government that respects and committed to human rights and empathizes with and strive to uplift the well-being of the all marginalized citizens regardless of race and religion.

2. That will not bulldoze its policies against the wishes of the people without prior proper and adequate consultation and debate.

3. That will treat parliament as the rightful place to make policies 

4. That will respect the independence of the civil service, judiciary and police.

5. That will be transparent and accountable to the people in all its dealings that expends huge amount of the taxpayer’s money.

6. Will respect the sanctity of the Federal Constitution and abide by the provisions therein 

This election is primarily about stopping the BN government of 50 years from abusing the absolute power it had been entrusted all these years. From a humble beginning it has become an aggressive giant ready to crush anyone whore dares to cross its path.

As we step into the polling booths on March 8, let us cast aside all the promises made by the political candidates, and walk in with a clear mind on the choice of the candidate and party. There may be many temptations to change our minds at the final hours before casting our votes. We must not allow these monetary rewards sway our decisions at the last moment. 

Rather let our wisdom, intellect and love for the nation alone decide on that important act of where to place the “X” in the ballot papers. It may take us just a single minute to do that but that that solitary minute in total secrecy would be the defining moment that is going to determine the destiny of our nation.

Casting out vote is our constitutional right and we must take great pains to fulfill that responsibility of ours with full patriotism and diligence. Let’s not be complacent but go out in full force to fulfill our national duty on March 8. 

Happy voting and Hidup Malaysia.

Dr.Chris Anthony