His Excellency Mr. Barrack Obama
President of the United States of America
The White House
1600 Pennsylvania Avenue NW
Washigton DC 20500
United States of America
Dear Mr. President, Re : SOS ethnic minority Malaysian Indians.
You have been an inspiration to all the world. You have become the President of the most powerful country in the world against significant odds with your message of change for a system of governance based on the needs of the common people. This message is something the world over needs very badly.
It was in 1965 that the United States of America granted to its citizens impartial and universal suffrage, through the passage of the National Voting Rights Act 1965. At this time Malaysia was already 8 years independent and with a democratic system based on universal suffrage, surprisingly ahead of the United States of America in this fundamental area.
In the ensuing 45 years, the United States of America has gone from that position to an extremely forward position where a first generation son of an immigrant and a member of a minority ethnic community can become its President and Chief Executive. That is tremendous social and political progress, for any nation, in any period of history. And you Sir, have contributed to that with your eloquence and clarity on your message of change.
However the situation here in Malaysia has not shown anywhere near that progress. Au contraire, the situation has regressed steeply from the sound position of universal suffrage and Equal Rights in 1965 to one where several fundamental rights enshrined in the Malaysian Federal Constitution has steadily eroded for the minority communities in particular for the ethnic minority Malaysian Indians who suffer the worst forums of state sponsored violations of human rights but who unfortunately receive the least attention at home and in the international fronts. These ethnic minority Indians have no or very little political or economic power unlike the other minority Chinese community who control the economy and have some political power. That has caused a fractured society in Malaysia – into an ethnocentric Malaysia. This is directly the handiwork of the ruling UMNO party – the leading and also the same majority community political party over the last 52 years.
The following fundamental rights have been violated :
1) Equal rights as citizens as enshrined in Article 8 of the Malaysian Federal Constitution has been replaced with a two tiered rights system – one for the majority Malay-Muslim Native (Bumiputra) community and another for the minority non-Malay, non-Muslim, non native (Bumiputra) communities. This has been facilitated by the distorted interpretation of Article 153 of the Malaysian Federal Constitution.
The non-Malay, non Muslim communities continue to be classified by the UMNO led Malaysian government theoreticians as immigrant communities, even though we have been domiciled in Malaysia for 5 or 6 generations or maybe even more. The result today is an institutionalised ethocentric two tiered socio-political system.
2) Resulting from the above two tiered system, especially the minority Indians populace of the country which number about 8% of the total population has been denied equal opportunities in social development, in land redistribution, in distribution of the country’s wealth in education – from primary level all the way to the tertiary level , in job opportunities in the entire Government apparatus and in all the front end of the socio-economic development efforts of the Government and also in the private sector, to name just a few of the areas of discrimination.
Another associated erosion of rights is in cases where there is a crossover between Islam, the religion of the majority community, and one of the other religions of the minorities, as in cases of forced religious conversions, marriages, divorces, inheritance rights, choice and freedom of religion, statehood, to name the major areas. In many cases the rulings of the Sharia court has been applied in violation of the provisions of the Federal Constitution. The minority non-Muslims are guaranteed that the Federal Constitution is the Supreme law of the land. The Sharia court has steadily encroached upon this right of the minority non-Muslims supported by the state apparatus, resulting in non Muslim citizens being deprived of what the Fedral Constitution has guaranteed.
3) In area of practice of Religion, the Malaysian Federal Constitution guarantees freedom to the practice of religion in Article 11. However in practice we experience a steady erosion of this right. Places of worship of the Hindus and Christians have been destroyed and /or desecrated. Most of these demolitions are state supported. Specifically in the last 5 years in excess of 200 Hindu places of worship is estimated to have been demolished. This is in direct violation of the provisions for equal rights in the practice of religion. There are other associated impediments the minorities of the country face in the practice of their respective religions and associated traditional practices.
4) In the area of citizenship, there are a significant number of Indian minority citizens who have been denied their due right as citizens of this country in direct violation of especially Article 14 the Federal Constitution. It is estimated that there could be anywhere up to 150,000 stateless children and another 300,000 such stateless adults even fifth and sixth generation Malaysian born Indians. This is directly an outcome of the operation of the ethnocentric political system of Malaysia through its state apparatus.
There are many more areas of violations of our Fundamental rights in the ethnocentric system that has developed in Malaysia more particularly as per our “Human Rights Violations Against the Ethnic Minority Malaysian Indians. HRP Briefing for foreign and diplomatic missions in Kuala Lumpur Malaysia on 26/3/2010. http://www.humanrightspartymalaysia.com/2010/03/26/hrp-briefing-for-foreign-and-diplomatic-missions-in-kuala-lumpur-malaysia-2/. For your information Sir, on this occasion the United States Ambassador to our country had sent two of their representatives, whose attendance we greatly appreciated.
In the interest of brevity, I shall not delve into them all. I think my point is abundantly made here, that the rights of minorities in particular of the Malaysian Indians in various respects has been and continues to be reduced in Malaysia in direct violation of the guarantees in the Malaysian Federal Constitution.
There is a significant need for the application of modern modes of thinking into the area of governance in our country, so we can turn this rather bleak and retrogressive position around. Significant political will has to be created for the introduction of such modern modes of thought, as inertia is great in all these areas. We seek your help Mr. President in this respect.
We understand our Prime Minister Datuk Seri Najib Abdul Razak will be visiting you shortly. We request you Sir, to raise these significant issues of the violation of fundamental rights of minority communities in Malaysia in particular the ethnic minority Malaysian Indians to help us gain some leverage. We are sure that with your reference to these matters on the basis of their fundamental nature, you will be able to contribute to change here in Malaysia. We look forward to the same.
Thank you Mr.President.
Secretary general (pro tem)
c.c His Excellency Mr. James R. Keith
Ambassador Extraordinary and Plenipotentiary
Embassy Of The United States Of America
376, Jalan Tun Razak, By Fax : 03-21422207
50400 Kuala Lumpur E-mail: email@example.com
This is the sub headlines in today’s Malaysia Nanban 8/04/2010 at page 2)
Selangor is the richest state in Selangor.
Just before the 25th November 2007 Hindraf Rally the former Selangor M.B Khir Toyo had admitted to the effect that 50, 000 even fifth and sixth generation Malaysian born Indian children had been denied their birth certificates (B.C) by UMNO.
Now the PKR led Selangor state government could have helped to undo these very serious injustices to a certain extent by forming a B.C Secretarial at the Selangor State Secretarial led by a Director, five regional managers, ten supervisors and 100 staff with the view to record, register, monitor forward and facilitate with National Registration Department and follow up and put pressure with their now 78 MPs’ in Parliament on a regular basis. This pro active measures to solve this long outstanding birth right and slated and targeted to be solved by PKR within six months is certainly a step forward.
Even if PKR has no powers to grant the BC’s and IC’s but they would have taken a pro active stand in trying to undo the 50 year old serious injustices meted out by UMNO to these Indians. This proposal we have written and forwarded to the PKR, DAP and PAS leadership humpteen times but to no avail.
But now in view of the upcoming Hulu Selangor by elections, PKR gets their M.P mandore to do the usual MIC style wayang kulit using the Tamil newspapers that once PKR gets to Putrajaya, all Red I.C holders would be granted citizenship.
If PKR does not do their bin while they are in power in Selangor they are not likely to deliver when they get to Putrajaya. Remember politics is about (empty) promises and perceptions.
Special position of Malays should be reviewed every 15 years – Tunku Abdul Rahman to Lord Reid on 27/9/1956. But abused by UMNO for 53 years now.
DAP Chairman Karpal Singh had asked the Federal Government to give a time frame for the gradual removal of special privileges accorded to Malays and other bumiputeras in the spirit of equality under the 1 Malaysia concept (The Sun 5/4/2010 at page 6 and Utusan Malaysia 7/4/10 at page 9).
For this the UMNO sponsored Perkasa is going to lodge a police report against Karpal (UM 7/4/2010 at page 9).
The answer lies in the historical facts as revealed in our Public Forum on 50 Years of Violations of The Malaysian Federal Constitution By UMNO controlled Government (Based on declassified documents from the public records office, Kew, London) dated on 28/07/2007.
At the hearing (and presentation to the Reid Commission) of the Alliance Party on 27/9/1956 at 10.00 a.m Tun Abdul Razak had presented that the special position of the Malays should be reviewed 15 years after independence.
At the minutes of the meeting with the Reid Commission again on 27/9/1956:
Chairman: Are you putting any period of compulsory review?
Tunku Abdul Rahman:- the suggestion is that there should be a review every 15 years.
Chairman: The main thing the special position of Malays should be reviewed every 15 years for Federal and State.
Article 153 of the Federal Constitution is silent on this review of the Malay special position every 15 years. In the circumstances we have to go by the Tranvaux Preparations ie by perusing the documents minutes of meeting etc to establish the intention of the parties or stakeholders of the Federal Constitution. Just like how when there is an ambiguity in the Law the Courts going back to the Parliamentary Hansard to establish the true intention of Parliament in interpreting the law.
But in this case the position is very clear, it is unambiguous – The Malay special privileges was originally meant to be for 15 years and to be reviewed on the 15th year. But it was never reviewed by UMNO in the 15th year. And it still proceeding on full steam and in fact trampling on even the basic and fundamental rights of the poor Indians in Malaysia on a day to day basis by UMNO.
So much so that the Indians have been denied most of the State funded educational opportunities, licences, permits, panel-ship with the government, banks, business opportunities, ten acre Felda like land ownership schemes, job opportunities in the government, government linked companies (GLC) and even the UMNO and non UMNO controlled private sector.
But now the UMNO sponsored Perkasa lodges 14 police reports nationwide against Karpal (The Malay Mail 7/4/2010 at page 5).
The Malaysian Nanban on 8/04/2010 in it’s front pages and NST 8/04/2010 at page 13 reported that 100, 000 people would be granted land titles.
But why the PKR Selangor pin drop silence for land for all 98 Tamil schools in Selangor for a start. And then land for all Hindu cematories and all Hindu temples all in one go as opposed to the wayang kulit and false promises of land for this Hindu temple here and Tamil school there through their Indian Exco & MP Mandores. Thousands of Indian land settlers now evicted and to be evicted as squatters have yet to be given even their offer to purchase low cost houses. The latest example being the 200 over PJS and Lembah Subang Indians.
PKR then get their Indian Exco, MP, ADUN and other mandores to do the propaganda that PKR/PR has only been in power for two years unlikeUMNO that has ruled for 50 years. So they need time and to get to Putrajaya first before giving land to Tamil schools, Hindu temples and crematories.
Our answer is land is exclusively within the preview and almost absolute powers of the State government and not the UMNO Federal government.
If PKR, DAP and PAS do not give land to Tamil schools, Hindu temples and crematories all in one go and not piecemeal basis which they have 100% control the chances are they are not going to solve the 100 over other critical Indian problems when they get to Putrajaya.
We are committed to ending UMNO’s 53 year rule of Malaysia without a break in the chain empowerment strategy with our public interest 15 MP’s and 38 ADUN’s will be the PR’s check and balance in both Putrajaya and the State assemblies in the seven Indian concentrated states.
The Tamil Nesan sub-head lines reads that the Indian settlers on the river reserve problems would be spoken to “Pesa Padam” with the Selangor M.B.
Padam aptly and literally also means wayang kulit (theatrics).
This is exactly what the MIC Exco mandores have been doing in the previous 50 years. For almost every problem you bring to these MIC Exco member, we will say that he will speak to the Menteri Besar. And now this mandorism has spread to this PKR Indian Exco Mandore who is parroting exactly the same thing that the MIC mandores have been doing in the previous 50 years. Also this Indian PKR Exco mandore thinks that he has scored political points in the Tamil newspapers.
This only goes to prove that this PKR Exco mandore like his MIC Mandore predecessors have no power and are merely used as showncases and show pieces by the PKR “tuans” just as the UMNO “tuans” have been doing in Selangor the previous 50 years.
The couple planted jasmine plants for flowers on a plot of land opposite their house but the local authority removed them to build food stalls. “I fell on my knees asking for them to leave us alone but they did not listen. They told me I may ask for one of the stalls but nothing worked out”.
Today, the stalls are mostly abandoned and no one has benefited.
“If only they had left us alone”, said, his wife R. Saraswathy, 70, tearful. The jasmine flowers would have given them a stable income to carry on with life.
Gurusamy expects more promises during this by-election but is hugely skeptical. (NST 8/4/2010 at page 12)
Res Ipsa Loquiteour (the facts speak for itself).
This is just the tip of the iceberg. We are aware of scores of Indians planting jasmine flowers who have been thrown out of even land under the high tension wires in Damansara, Petaling Jaya, Klang, etc.
Well to undo the injustices done by the previous UMNO government in Selangor, the present PKR led Selangor state government who have already been ruling for over two years could have offered these Indians land for these jasmine flower plantations, something like the Felda like ten acre land schemes for the Indian poor in Selangor by the PKR led Selangor by the PKR led Selangor State government.
Does the Selangor PKR government even have any plan for the displaced Gurusamy?
UMNO theatrics; one Indian boy in colour picture in media but 1,900 other are Malays who are actual beneficiaries.
Prime Minister Najib Razak’s wife Rosmah unveiled 2,000 form four…
More ►More ▼ UMNO theatrics; one Indian boy in colour picture in media but 1,900 other are Malays who are actual beneficiaries.
Prime Minister Najib Razak’s wife Rosmah unveiled 2,000 form four students under a special programme for 100 schools throughout the country to engage them at 14 public institutions of higher learning (The Star 7/4/2010 at page N18).
As usual UMNO showcases highlights and make the centre of attention one Indian boy in colour picture in the local print media so as to create the illusion that the Indians are included in the mainstream Education development in Malaysia.
We estimate only this one Indian boy is included and the rest of them to be all malays.
This is how craftily UMNO has ruled in particular the Malaysian Indians in over the last 53 years – by perceptions and promises.
Trust UMNO not.
Karunai Nithi @ Compensation Justice
UMNO & PKR One year on and Tamil school drain not closed up
The presence of a partially closed drain at the entrance of a school is worrying parents…
More ►More ▼ UMNO & PKR One year on and Tamil school drain not closed up
The presence of a partially closed drain at the entrance of a school is worrying parents and teachers of the Sungai Manggis Tamil Primary School in Banting.
Parents fear that their children could fall into the drain which is 1.5m deep.
But both the UMNO Works Department and the PKR Selangor State government does not care, it is “merely a Tamil School and the would be victims would only be the Indians.
This is just the tip of the iceberg where it concerns Malaysian Indians concerns.
The rally's estimated to be 100 000 people gathered outside the Petronas Twin Towers at midnight, early Sunday morning.At least 240 people were detained, but half of them were later released. One day before the rally, police arrested three HINDRAF lawyers, P. Uthayakumar, P. Waytha Moorthy and V. Ganabatirau for sedition charges. Uthayakumar and Ganabatirau posted bail of 800 Malaysian ringgits each, but Waytha Moorthy refused bail as a sign of protest.