Friday, November 12, 2010
Putrajaya dream far-fetched for Pakatan
By Athi Shankar - Free Malaysia Today,GEORGE TOWN: Opposition coalition Pakatan Rakyat is unlikely to achieve its dream of capturing Putrajaya in the next general election 'under its current avatar'.
Hindu rights movement Hindraf Makkal Sakti, pouring scorn on Pakatan's aspiration, said as long as the coalition continued to ignore the people's demand for 'real change', there will be no win.
"Pakatan and Anwar Ibrahim will never capture their holy grail if they continue to fail to heed to the people's thirst for real change," said Hindraf adviser N Ganesan.
He urged all Pakatan-ruled states to overhaul their current political and socio-economic policies if the coalition was to get anywhere near Putrajaya.
“Pakatan states must restrategise their policies and structures to convince voters that the coalition is truly a people's alliance,” he said.
He pointed out that many people rejected Barisan Nasional and Umno in the last general election because they yearned for a new political entity with innovative ideas and reform policies to benefit all.
Sadly however the Pakatan-ruled states had failed to heed that call.
"Pakatan governments in Penang, Selangor, Kedah and Kelantan have merely put in place cosmetic changes and are continuing with Umno/BN leftover policies.
“People wanted a new people's political alliance, but, two years on, they only got a carbon copy version of BN,” Ganesan told FMT today.
Defeats
He pointed out that Pakatan's defeats in four of the last five by-elections were warning signs of a real shift in the voting pattern from Pakatan towards BN.
Pakatan recently lost Batu Sapi and Galas. They earlier lost Bagan Pinang and Hulu Selangor.
Except for Batu Sapi, Pakatan won all three seats in 2008 general election. To Pakatan's credit they won the Sibu by-election in May by a hairline majority of just over 300 votes.
Ganesan said given a choice, people would rather prefer to stay with the old wine BN than to vote for Pakatan.
Reminding Pakatan to 'walk its talk', he said the coalition cannot claim to represent the people and their demand for reform and change, when in reality it continues to recycle the same BN policies and programmes.
“Changes cannot be rhetoric . . . they must be real and touch the people's lives,” said Ganesan, who is also an adviser to the yet-to-be-registered Human Rights Party (HRP).
He suggested that Pakatan states carry out policies to stimulate economic growth, incomes, employment and business opportunities.
He called on Pakatan states to provide more affordable and comfortable homes, and upgraded educational facilities to the masses.
He said the coalition should also take pro-active steps to allay fear among non-Muslims against powers of the Syariah laws.
He said Pakatan should also stop BN-like mandore policies to address the marginalised Indian community issues.
He added Pakatan must take into account the needs and interests of all disadvantaged and minority groups, such as Indians in the Peninsula and natives in Sabah and Sarawak.
Be cooperative
He said Pakatan must come up with new socio-economic programmes, unlike the current pro-corporate policies, for development of all poor, regardless of their ethnic and religious backgrounds.
“The development policy should be from bottom up and not top to bottom as practiced now,” insisted Ganesan.
He said Umno and BN would not be able to match this if indeed Pakatan went to the ground and provided a real reform alternative to the working class.
He said lack of a real reform-orientated Pakatan currently has given BN the advantage, dashing hopes of Malaysians for a political change.
He suggested for the current Pakatan warlords to set aside their ego to cooperate and compromise with other parties representing minority interests, such as HRP, SAPP and marginalised factions in Pakatan itself like Jeffrey Kittingan’s group in Sabah.
Society seeks way to protect Hindu parents’ rights
Hindu parent M. Indira Gandhi (centre) is embroiled in a bid similar to Shamala’s. — file pic
A five-man panel of the nation’s most senior judges, led by Chief Justice Tun Zaki Azmi, ruled to close the case of the 38-year-old mother who wants the Federal Court to recognise her right to raise her two young children as Hindus.
“We feel disappointed with the decision. We are also checking with our lawyers on what next we can do because from the first day we have been involved,” the Hindu society’s president Mohan Shanmugam told The Malaysian Insider.
“The conversion was not done right,” an upset-sounding Mohan added.
The society has been keeping tabs on the court case of Shamala’s bid to raise her children Saktiwaran and Theivaswaran in the religion they were born into, for the last eight years.
Shamala had married anaesthetist Dr Jeyaganesh C. Mogarajah in 1998. Her husband was a Hindu at that time but embraced Islam four years later.
He converted their two children into his new-found religion shortly after without Shamala’s knowledge or agreement.
Both parents are in a bitter fight to gain custody over Saktiwaran and Theivaswaran, now aged 11 and nine respectively, and to be allowed to raise them in their respective religions.
Under Malaysian Islamic law, a child necessarily becomes Muslim when one parent enters the faith.
But Shamala claims the federal constitution, the supreme law of the land, provides that she has an equal right as a parent and guardian to decide the religion for children below 18.
Malaysia has a dual-track justice system that allows Muslims to seek legal redress in the Syariah Court, but not non-Muslims.
Dr Jeyaganesh, now also known as Muhammad Ridwan, went to the Syariah Court and won full custody while Shamala, a Hindu, resorted to the civil High Court.
She was awarded custody as well, but was ordered to allow her estranged husband weekend visits.
Shamala appealed the ruling but fled the country with the two children in 2004 before the court could hear the case.
For a while, they were believed to be in Australia, but Shamala’s current whereabouts, as well as that of Saktiwaran and Theivaswaran , remain unknown.
Today’s ruling dealt a hard blow to the battle to end one-sided religious conversions, which has caused a deep rift in this multicultural and secular nation but where Islam is recognised as the official creed.
Zaki, in his grounds of judgment, noted that Shamala had gained an unfair advantage over her husband when she breached a court order allowing the father the right to visit the two children.
“By doing so, she had unlawfully had custody of the children and even if the court were to examine the children now as to who would they chose to live with, most likely they will choose to live with the wife,” the top judge said.
The Federal Court said it cannot adopt a “fugitive doctrine of heads I win, tails you lose” in deciding the basic rights for either parent.
“Parties must have equal footing and not unfair representation,” Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum said in his judgment.
The great Malaysian sidestep — The Malaysian Insider
NOV 12 — Today, the Federal Court sidestepped hearing five questions from S. Shamala by allowing her estranged husband’s objection that she must return to the country to enjoy the court’s protection.
She is apparently in Australia with her two children, who had been converted to Islam by her Muslim convert husband.
The questions she had asked are as follows:
1. Whether Section 95 (b) of the Administration of Islamic Law (Federal Territories) Act 1993 is ultra vires (beyond the powers) of Article 12 (4) of the federal constitution (specifically concerning the right to determine the religion of the children under the age of 18 by the parent or guardian) and Article 8 regarding equality rights;
2. Whether the same section in state law is inconsistent with federal law, namely Section 5(1) of the Guardianship of Infants Act 1961, and is therefore invalid;
3. Regarding Article 121 (1A) of the federal constitution, where a custody order for children is made, which court, between the Syariah Court and the High Court, is the higher authority?
4. When there is conversion of children from a civil marriage to Islam by one parent without the consent of the other, are the rights to remedies for the non-Muslim parent vested in the High Court?
5. Does the Syariah Court have jurisdiction to determine the validity of conversions of minors into Islam, once it had been registered by the Registrar of Muallafs (Registrar for newly-converted Muslims)?
The Federal Court evaded the issue by not answering any of the questions, and Malaysia lost an opportunity to figure out the testy and choppy waters of the legality of under-age conversions.
More than that, the implication of the Federal Court decision is that more Shamalas will rely less and less on the courts and, instead, take matters in their own hands. They will flee Malaysia for the courts afford no protection, let alone answers.
Civil courts have, even before this decision, abdicated their rights to hear conversion cases to Syariah courts. So which non-Muslim spouse is going to hang around and be a party to any civil court proceeding where the outcome is known?
This is the harsh reality facing non-Malay or non-Muslim spouses in cases where their partners have converted to Islam without informing the other partner.
Like everything else in racially-polarised Malaysia, this is the question: Can Malaysians expect justice from those who are not from same race and religion when it comes to matters of the faith?
The Federal Court’s silence is loud and deafening. They sidestepped the issue. The people will sidestep the law. And distrust will fester.
She is apparently in Australia with her two children, who had been converted to Islam by her Muslim convert husband.
The questions she had asked are as follows:
1. Whether Section 95 (b) of the Administration of Islamic Law (Federal Territories) Act 1993 is ultra vires (beyond the powers) of Article 12 (4) of the federal constitution (specifically concerning the right to determine the religion of the children under the age of 18 by the parent or guardian) and Article 8 regarding equality rights;
2. Whether the same section in state law is inconsistent with federal law, namely Section 5(1) of the Guardianship of Infants Act 1961, and is therefore invalid;
3. Regarding Article 121 (1A) of the federal constitution, where a custody order for children is made, which court, between the Syariah Court and the High Court, is the higher authority?
4. When there is conversion of children from a civil marriage to Islam by one parent without the consent of the other, are the rights to remedies for the non-Muslim parent vested in the High Court?
5. Does the Syariah Court have jurisdiction to determine the validity of conversions of minors into Islam, once it had been registered by the Registrar of Muallafs (Registrar for newly-converted Muslims)?
The Federal Court evaded the issue by not answering any of the questions, and Malaysia lost an opportunity to figure out the testy and choppy waters of the legality of under-age conversions.
More than that, the implication of the Federal Court decision is that more Shamalas will rely less and less on the courts and, instead, take matters in their own hands. They will flee Malaysia for the courts afford no protection, let alone answers.
Civil courts have, even before this decision, abdicated their rights to hear conversion cases to Syariah courts. So which non-Muslim spouse is going to hang around and be a party to any civil court proceeding where the outcome is known?
This is the harsh reality facing non-Malay or non-Muslim spouses in cases where their partners have converted to Islam without informing the other partner.
Like everything else in racially-polarised Malaysia, this is the question: Can Malaysians expect justice from those who are not from same race and religion when it comes to matters of the faith?
The Federal Court’s silence is loud and deafening. They sidestepped the issue. The people will sidestep the law. And distrust will fester.
Anwar you must apologise.
Anwar sends his henchman to insult the HINDRAF/HRP protesstors and then sends his other henchman Tian Chua to organize an apology.
Anwar thinks he can play around with the minority Indians in the country as UMNO has been doing. He must take complete responsibility for the insult committed against us who gathered in front of his house on Tuesday the 9th of Novemeber 2010.. Firstly we were protesting there because a temple devotee in Pusat Bandar Puchong M Chakragunasegaran, 52, doused himself with petrol and lit himself up over fears that part of his temple would be demolished by the local authorities. As of the writing of this piece he is in critical condition in the KL General Hospital.
This incident happened because temples like this all over the country do not sit on their own land because of the politics of this land. HINDRAF has been highlighting this from way back in 2005. The political Tsunami occurred in large part due to incidents like this. Came Anwar with all his shouts of “makkal sakthi” and pomises both explicit and implicit that he would take care of the minority Indians in the country like UMNO did not. He got the Indian votes, won 5 states and then he turns around and gives the Indians who voted in large numbers for him the shaft.
He is responsible for this self immolation act in more than one way. One is that he is reneging on all his promises to the Indian poor. Two this is happening in a PKR ruled state and the authorities that came to demolish were from the state. So, we gathered in front of his house to call Anwar to account .
Our Keadilan ( Justice ) guru and leader of the new democracy in Malaysia, what does he do – he sends his lowest level security person, if you can call him even that, someone called Din, to shoo us off, the protestors. That is all we are now worth for him. That is how this exalted democrat deals with protests.
He does not think it worthwhile for Wan Azizah or someone else in his Party in the house at that moment, if he is not in, to come meet us and receive our memorandum in the spirit of democracy. That will be the act of a true democrat. But that will not certainly be an act of a rat. That is what he has become – a rat ( more of that later). This chap Din, not only does he obstruct us, he also acts aggressively and finally he crumples and throws away the memo we had brought for Anwar. All this is no record in video at this
Then a day later after the uproar that this incident caused within the Indian community his other henchman Tian Chua gets this guy Din and comes online and delivers a sham apology. Sham because it is obvious Tian Chua is lying and sham because this guy Din says “kalau say silap saya minta maaf, tapi saya rasa saya pun tak ….kalau saya betul betul aggreif lain cerita..” see it in this video
Tian Chua says and let me quote him from the video ” Saya juga dimaklumkan oleh Anwar Ibrahim dan keluarganya, sebenarnya mereka tidak tahu diluar ada orang demonstrasi.” You expect us to believe this piece of bullshit. Come on Anwar, come on Tian Chua, stop this bloody nonsense.
See the first video and look at the elaborate security that Anwar has in the front of his house. When a serious incident like this is happening in the front of the house, you expect us to believe that they don’t know anything about this inside. What were they doing – were they at the fiddle like Nero? You think the Indians in this country are idiots and you can dish out any nonsense. This is exactly the kind of game a rat plays. Anwar you are increasingly becoming a rat – you are nowhere to be seen now. where is your statesmanship. Where is any moral turpitude? Where is there any integrity left in you? What about an apology or an explanation from you. What about a sound from you. What about from Azizah or is too lowly for you and your queen to deal with this rabble.
Nothing – not a word.
We bury for you, any hopes you may have of going to Putrajaya with this.
Just watch.
Regards
Namasivayam
Anwar thinks he can play around with the minority Indians in the country as UMNO has been doing. He must take complete responsibility for the insult committed against us who gathered in front of his house on Tuesday the 9th of Novemeber 2010.. Firstly we were protesting there because a temple devotee in Pusat Bandar Puchong M Chakragunasegaran, 52, doused himself with petrol and lit himself up over fears that part of his temple would be demolished by the local authorities. As of the writing of this piece he is in critical condition in the KL General Hospital.
This incident happened because temples like this all over the country do not sit on their own land because of the politics of this land. HINDRAF has been highlighting this from way back in 2005. The political Tsunami occurred in large part due to incidents like this. Came Anwar with all his shouts of “makkal sakthi” and pomises both explicit and implicit that he would take care of the minority Indians in the country like UMNO did not. He got the Indian votes, won 5 states and then he turns around and gives the Indians who voted in large numbers for him the shaft.
He is responsible for this self immolation act in more than one way. One is that he is reneging on all his promises to the Indian poor. Two this is happening in a PKR ruled state and the authorities that came to demolish were from the state. So, we gathered in front of his house to call Anwar to account .
Our Keadilan ( Justice ) guru and leader of the new democracy in Malaysia, what does he do – he sends his lowest level security person, if you can call him even that, someone called Din, to shoo us off, the protestors. That is all we are now worth for him. That is how this exalted democrat deals with protests.
He does not think it worthwhile for Wan Azizah or someone else in his Party in the house at that moment, if he is not in, to come meet us and receive our memorandum in the spirit of democracy. That will be the act of a true democrat. But that will not certainly be an act of a rat. That is what he has become – a rat ( more of that later). This chap Din, not only does he obstruct us, he also acts aggressively and finally he crumples and throws away the memo we had brought for Anwar. All this is no record in video at this
Then a day later after the uproar that this incident caused within the Indian community his other henchman Tian Chua gets this guy Din and comes online and delivers a sham apology. Sham because it is obvious Tian Chua is lying and sham because this guy Din says “kalau say silap saya minta maaf, tapi saya rasa saya pun tak ….kalau saya betul betul aggreif lain cerita..” see it in this video
Tian Chua says and let me quote him from the video ” Saya juga dimaklumkan oleh Anwar Ibrahim dan keluarganya, sebenarnya mereka tidak tahu diluar ada orang demonstrasi.” You expect us to believe this piece of bullshit. Come on Anwar, come on Tian Chua, stop this bloody nonsense.
See the first video and look at the elaborate security that Anwar has in the front of his house. When a serious incident like this is happening in the front of the house, you expect us to believe that they don’t know anything about this inside. What were they doing – were they at the fiddle like Nero? You think the Indians in this country are idiots and you can dish out any nonsense. This is exactly the kind of game a rat plays. Anwar you are increasingly becoming a rat – you are nowhere to be seen now. where is your statesmanship. Where is any moral turpitude? Where is there any integrity left in you? What about an apology or an explanation from you. What about a sound from you. What about from Azizah or is too lowly for you and your queen to deal with this rabble.
Nothing – not a word.
We bury for you, any hopes you may have of going to Putrajaya with this.
Just watch.
Regards
Namasivayam
ANWAR IBRAHIM HAS TO GO!!!!
Watch this video. I am boiling mad, mad as hell!!! When I see the video.
This is about Anwar Ibrahim and they way he heaps indignity on all of us Indians.
This is the way this fellow who wants to be the future Prime Minister for a new Malaysia treats the minority Indians. After all, the Hindraf/HRP group that were outside his house were there for no other reason than to hand over a protest memorandum for the self immolation of an Indian over the demolition of a temple property in the PKR run State of Selangor . And he is the Defacto leader of PKR and therefore is accountable for such acts in the state. And what does this great leader do – he sends out his coolie to insult the waiting protestors, nay not just the waiting protestors but to insult all the Indians in this country, all the Indians in the country..
I am filled with so much anger at seeing this. We had suffered so much indignity already at the hands of the UMNO regime, now we are increasingly seeing the same kind of nonsense from the so called opposition parties and from Anwar Ibrahim. They are absolutely no better.He thinks because we are a weak minority he can go on demeaning us like this, with impunity. He thinks he can get away with any thing and there will be no retribution.
We have to cut our losses. We definitely need a new approach to pushing UMNO out as this Anwar and his PKR and PR are such a bloody letdown. We do not want UMNO anymore in Putrajaya. we cannot have these PR clowns there too. We definitely need an alternative approach. Every day that passes, he reduces the chance for a change in this country. He is the master pied piper. He just leads down to doom.
You decide for yourself whether these kinds of treacherous fellows need to be supported any more. For, me I am tired of his selfish and devious leadership style . He just has to go. I have no more room for him in my mind.
He has no honor left . He not only does not deliver on his election promises which anyway is not any where near as serious, as what he has just done here with the insult he has heaped on us all. He has trampled on the dignity of all Indians in the country with his act of sending his coolie out to tear up the representation to him.
If you have any modicum of self respect left as an Indian – you must immediately withdraw all and any support for him and his politics totally and unreservedly. Any new body politic that does not understand minority sensitivities needs to be summarily thrown out.
Only decency prevents me from returning his insults with profanity here in my writing.
I am mad as hell!!!!!!
Thursday, November 11, 2010
Dei!!! Anwar Ibrahim do you know what courtesy is about? (MalaysiaToday
By Jakun MalaysiaI was just watching the clip: http://www.malaysiakini.tv/video/20494/hrps-attempt-to-hand-over-memo-to-anwar-fails.html.
You should look at the end of it where Anwar’s kuncu picked it up and squashed the memorandum that was left at his gate in his residence and threw it away.
I don’t think even UMNO imperialist had treated those HINDRAF/HRP supporters with such ignorance save for the incident in Perak where the police officer pushed down the memorandum to the Sultan that was placed on the police car.
Sure, Anwar goes around Malaysia shouting, ”Anak Melayu, anak kita, anak Cina anak kita, anak India, pun anak kita. Mengapa harus kita bezakan?”
So, how does this equate to the hypocrisy that you had shown to the memorandum that was brought to you? This was a grievance that was brought forward and I can understand if it was UMNO. But you as the De facto leader of the opposition, never did I imagine this.
Isn’t it a fact that most PKR supporters are Malaysian Indians? And to wonder that these Indians will stand hand in hand with you when you can treat their fellow Malaysian with such disregard. The least is to have the courtesy to accept the memorandum as opposed to throwing it away.
Do you seriously think that Malaysian Indians are lacking in pride and dignity that they would just accept anything that is thrown to them? You saw the action with HINDRAF, that every one of you opposition politicians rode on to gain your mileage. Now when you are in power in your respective states, the concerns for the Malaysian Indians are through your irrelevant mandores for the similar hegemony that you practice like UMNO.
Mistake, Anwar. You did jackshit in your Reformasi drive in 1999. It is we the minority who put up with everything for the betterment of the majority that provided the impetus to create the change that emancipated us in 2008.
This incident clearly depicts the immaturity, lack of humanity and courtesy on the part of PKR politicians besides its typical rhetoric than we have seen in UMNO.
Wednesday, November 10, 2010
Tuesday, November 9, 2010
Gunasegaran’s immolation: Funeral procession to Anwar Ibrahim’s house (If anything happens) demanding land for all Hindu Temples & cemeteries, Tamil Schools & Indian villages on wholesome basis and not piecemeal basis
Gunasegaran bakar diri halang PKR,DAP & PAS roboh Kuil Hindu Puchong. Jika apa2 berlaku perarakan mayat depan rumah Anwar Ibrahim d Segambut protes Anwar,Lim Guan Eng & Hadi Awang tak beri geran tanah kepada semua Kuil, Sekolah Tamil, Setinggan India & Kubur Hindu d Selangor,Penang & Kedah untuk penyelesaian tetap. HINDRAF HRP Sebarkan
Man sets himself on fire to stop demolition
By FMT StaffPETALING JAYA: A 52-year-old MIC man today set himself on fire in an attempt to stop local council authorities from demolishing two wooden structures belonging to a Hindu temple in Puchong.
He suffered severe burns on his face and stomach and is being treated at the Serdang Hospital. It is learnt that his condition is critical.
The drama unfolded this morning when a team of enforcement officers from the Subang Jaya Municipal Council (MPSJ) arrived at the Sri Srinivasa Perumal Temple in Pusat Bandar Puchong to tear down the two wooden structures.
The two structures, which the enforcement officers said were illegal, housed the temple's chariot and was used as a store room.
They were located in a land belonging to the Castlefield Tamil School. The temple itself is located at the other end of the land. The temple committee has been using the structures on the land for the past 10 years with the permission of the school.
As soon as the enforcement officers arrived, Puchong MIC division information chief M Gunaseelan tried to stop them from proceeding with the demolition.“When they failed to listen to him, he climbed onto the roof of the wooden store room and set himself on fire,” said an eye-witness.
Gunaseelan then rolled down the roof of the building and fell on the ground. Several people then help to douse the fire on him.
He was immediately whisked away to Serdang Hospital where he has been placed under the ICU. No one is allowed to visit him. His family members are keeping vigil outside the ICU ward.
School wants kindergarten
The wooden structures were torn down by the MPSJ enforcement officers who were assisted by Rela personnel. They are scheduled to return tomorrow to complete their task to clean up the place.
FMT learnt that the school wants to build a kindergarten on the plot of land where the two structures stood. The temple, however, has its own plan to convert that spot to build a marriage hall.Last-minute pleas by the temple officials for the demolition to be stopped were brushed aside by the MBSJ officials.
It is further learnt that the MPSJ officials were brought to the spot by a contractor who was bidding to build the kindergarten.
The school claims that part of land was given to it by a contractor and it had only allowed the temple to squat on it.
MIC Youth chief and Puchong division leader T Mohan told FMT that the matter could have been settled amicably between the school and the temple.“We are now talking to them so that we can resolve this issue. The structures have been demolished but we will have to see how to move forward so that both the school and temple can make use of this land,” he said.
He also hoped that Gunaseelan would recover soon from his burn injuries.
“It is shocking. I have not been able to see him at the hospital but I hope he will be okay,” he said.
Letter Of Complaint To The UN High Commissioner For Human Rights Denial Of Fundamental Right Of Primary Education To Malaysian Indian Children
Letter Of Complaint To The UN High Commissioner For Human Rights
Denial Of Fundamental Right Of Primary Education To Malaysian Indian Children
I write this complaint of a serious violation of fundamental Human Rights on behalf of a community of plantation workers, former and current, in a rubber plantation called Ladang Batu Kawan in the State of Pulau Pinang in Malaysia.
This community has resided in this vicinity for over one hundred years, since being brought here to man the plantation from South India. At least 6 generations of school children have been brought up in the little estate school called SJK(T) Ladang Batu Kawan, prior to it being destroyed in a fire in 2002. The school moved to its current location close-by. At this current location the school is housed in a small house of a former estate clerk topped up with 4 units of transportation containers. There are a total of 134 students as of Oct 2010 in this school. The school has eleven Teachers plus a Headmaster.
The Human Rights violation and the content of our complaint is that the young of this community, one of many such communities in Malaysia has been systematically denied their basic rights to sound Primary education as a result of racist Government Policies. The lopsided application of the national resource away from communities such as these is driven by racial motivation on the part of the Malaysian Government. We have no recourse within the country to effectively address this problem, so we raise it to the United Nations and we hope that the UN will intervene on our behalf. Equality is not treated as a natural order in Malaysia. This complaint is a cry for help. We do hope that your Office as a Supervisor for worldwide human rights will rise to the occasion and help us in our need.
The Malaysian Federal Constitution states that:
Article 8. (1) All persons are equal before the law and entitled to the
equal protection of the law.
Article 12. (1) Without prejudice to the generality of Article 8, there shall be no discrimination against any citizen on the grounds only of religion, race, descent or place of birth—
(a) in the administration of any educational institution maintained by a public authority, and, in particular, the admission of pupils or students or the payment of fees;
or
(b) in providing out of the funds of a public authority financial aid for the maintenance or education of pupils or students in any educational institution (whether or not maintained
by a public authority and whether within or outside the Federation).
As you can make out from the above, the Malaysian Government is in serious violation of these Constitutional guarantees. This school, like so many others like it, has been in this state of dilapidation for over 53 years, since independence. Yet, the Malaysian Government feels no compulsion whatsoever to redress this situation, in spite of the guarantees given in the Constitution at the formation of the nation.
There is a large allocation of National Annual budget towards education. That allocation has been mostly directed to schools other than these former estate schools. As an indication of this bias, in the period 1995 to 2000 the allocation to these schools was just 1% of the total allocation for Primary schools. 50 % of the Malaysian Indian children or about 100,000 Indian children attend such schools. 50 % of the future of a community is in jeopardy and all the social indicators point to a devastating future if nothing is soon done about this problem of foundational education. As it stands, Indian youth involvement in crime is the highest among the three main ethnic groups, Indian youth are underemployed and human capital is wasted in very low value adding vocations, suicide rate is highest among the three ethnic groups. These are but some indicative statistics of the dire nature of the situation and very clearly point to a community in distress.
Our specific complaint is that this is all a systematic result of the racist policies of the Malaysian Government where the minority Indian poor in Malaysia continue to be considered immigrant laborers and treated as second or even third class citizens – much like the colored and black people were treated by the Apartheid South African regime in the heydays of Apartheid. As a result of this National Policy of conscious neglect, this school in Batu Kawan Estate has been totally starved of development funds leaving it in this dilapidated condition – it has no library, it has no playing field, it has no proper canteen, it has no computer, the children sit in sultry and hot cabins during class and there is no room for any growth, it does not sit on its own land. The Batu Kawan School is but one sample of the 370 partially aided Tamil Primary schools throughout the country, whose fates are not much different. I believe the young Indian children derive their self worth from this foundational education. This systematic deprivation hits them and the future of the entire minority Indian community at the core. Something must be done soon.
In addition, we want to raise to your attention that Malaysia is signatory to the following key UN conventions and has treaty obligations to observe these Conventions. Malaysia is in breach of the following covenants of the conventions below;
1) Universal Declaration of Human Rights
Article 1.
* All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Article 2.
* Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
Article 26.
* Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
2) Convention on the Rights of the Child
Article 2
* States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child’s or his or her parent’s or legal guardian’s race, color, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.
Article 28
* States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular:
o Make primary education compulsory and available free to all;
Given this sordid state of affairs, it is our humble request that the United Nations intervene in this situation in a manner appropriate to relations between the UN and member countries and provide the motivation to the Malaysian Government to urgently and seriously address this acute problem of deprivation of sound Primary education to the minority Indian citizens of Malaysia. For what is at stake is more than funds and hardware, it is the future of a significant minority community of the country.
We are available for any further information that you may require and we can be contacted at the above address. We are forwarding this letter to you through the office of the United Nations Development Program Office in Kuala Lumpur and we will appreciate a positive response from you.
Thank You.
Yours sincerely,
Kalai Selvan
The Human Rights Party of Malaysia
State Committee Chair (Pro Tem)
State of Pulau Pinang
Penang Address: D1 – 3 -15 Bandar Perai Jaya 3,
13600 Perai,
Pulau Pinang,
Malaysia
Handphone No: 60125637614
Email: kalay1210@gmail.com
Cc: Hon’ble Ban Kim Moon
Secretary General Of the United Nations
Cc: Mr. Kamal Malhotra
Country Officer
UNDP office
Kula Lumpur
Denial Of Fundamental Right Of Primary Education To Malaysian Indian Children
I write this complaint of a serious violation of fundamental Human Rights on behalf of a community of plantation workers, former and current, in a rubber plantation called Ladang Batu Kawan in the State of Pulau Pinang in Malaysia.
This community has resided in this vicinity for over one hundred years, since being brought here to man the plantation from South India. At least 6 generations of school children have been brought up in the little estate school called SJK(T) Ladang Batu Kawan, prior to it being destroyed in a fire in 2002. The school moved to its current location close-by. At this current location the school is housed in a small house of a former estate clerk topped up with 4 units of transportation containers. There are a total of 134 students as of Oct 2010 in this school. The school has eleven Teachers plus a Headmaster.
The Human Rights violation and the content of our complaint is that the young of this community, one of many such communities in Malaysia has been systematically denied their basic rights to sound Primary education as a result of racist Government Policies. The lopsided application of the national resource away from communities such as these is driven by racial motivation on the part of the Malaysian Government. We have no recourse within the country to effectively address this problem, so we raise it to the United Nations and we hope that the UN will intervene on our behalf. Equality is not treated as a natural order in Malaysia. This complaint is a cry for help. We do hope that your Office as a Supervisor for worldwide human rights will rise to the occasion and help us in our need.
The Malaysian Federal Constitution states that:
Article 8. (1) All persons are equal before the law and entitled to the
equal protection of the law.
Article 12. (1) Without prejudice to the generality of Article 8, there shall be no discrimination against any citizen on the grounds only of religion, race, descent or place of birth—
(a) in the administration of any educational institution maintained by a public authority, and, in particular, the admission of pupils or students or the payment of fees;
or
(b) in providing out of the funds of a public authority financial aid for the maintenance or education of pupils or students in any educational institution (whether or not maintained
by a public authority and whether within or outside the Federation).
As you can make out from the above, the Malaysian Government is in serious violation of these Constitutional guarantees. This school, like so many others like it, has been in this state of dilapidation for over 53 years, since independence. Yet, the Malaysian Government feels no compulsion whatsoever to redress this situation, in spite of the guarantees given in the Constitution at the formation of the nation.
There is a large allocation of National Annual budget towards education. That allocation has been mostly directed to schools other than these former estate schools. As an indication of this bias, in the period 1995 to 2000 the allocation to these schools was just 1% of the total allocation for Primary schools. 50 % of the Malaysian Indian children or about 100,000 Indian children attend such schools. 50 % of the future of a community is in jeopardy and all the social indicators point to a devastating future if nothing is soon done about this problem of foundational education. As it stands, Indian youth involvement in crime is the highest among the three main ethnic groups, Indian youth are underemployed and human capital is wasted in very low value adding vocations, suicide rate is highest among the three ethnic groups. These are but some indicative statistics of the dire nature of the situation and very clearly point to a community in distress.
Our specific complaint is that this is all a systematic result of the racist policies of the Malaysian Government where the minority Indian poor in Malaysia continue to be considered immigrant laborers and treated as second or even third class citizens – much like the colored and black people were treated by the Apartheid South African regime in the heydays of Apartheid. As a result of this National Policy of conscious neglect, this school in Batu Kawan Estate has been totally starved of development funds leaving it in this dilapidated condition – it has no library, it has no playing field, it has no proper canteen, it has no computer, the children sit in sultry and hot cabins during class and there is no room for any growth, it does not sit on its own land. The Batu Kawan School is but one sample of the 370 partially aided Tamil Primary schools throughout the country, whose fates are not much different. I believe the young Indian children derive their self worth from this foundational education. This systematic deprivation hits them and the future of the entire minority Indian community at the core. Something must be done soon.
In addition, we want to raise to your attention that Malaysia is signatory to the following key UN conventions and has treaty obligations to observe these Conventions. Malaysia is in breach of the following covenants of the conventions below;
1) Universal Declaration of Human Rights
Article 1.
* All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Article 2.
* Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
Article 26.
* Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
2) Convention on the Rights of the Child
Article 2
* States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child’s or his or her parent’s or legal guardian’s race, color, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.
Article 28
* States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular:
o Make primary education compulsory and available free to all;
Given this sordid state of affairs, it is our humble request that the United Nations intervene in this situation in a manner appropriate to relations between the UN and member countries and provide the motivation to the Malaysian Government to urgently and seriously address this acute problem of deprivation of sound Primary education to the minority Indian citizens of Malaysia. For what is at stake is more than funds and hardware, it is the future of a significant minority community of the country.
We are available for any further information that you may require and we can be contacted at the above address. We are forwarding this letter to you through the office of the United Nations Development Program Office in Kuala Lumpur and we will appreciate a positive response from you.
Thank You.
Yours sincerely,
Kalai Selvan
The Human Rights Party of Malaysia
State Committee Chair (Pro Tem)
State of Pulau Pinang
Penang Address: D1 – 3 -15 Bandar Perai Jaya 3,
13600 Perai,
Pulau Pinang,
Malaysia
Handphone No: 60125637614
Email: kalay1210@gmail.com
Cc: Hon’ble Ban Kim Moon
Secretary General Of the United Nations
Cc: Mr. Kamal Malhotra
Country Officer
UNDP office
Kula Lumpur
Sunday, November 7, 2010
M'sia impoverishes the Hindu gods
My grandpa and grandma 'live' in a Buddhist temple - the Penang tourist attraction which features the very huge reclining Buddha. My grandparents' ashes are in two urns side by side, these urns sit in niches in the wall.
The wall paintings in the temple depict scenes from Prince Siddharta's life, and used to captivate me when I was a small child. The Gautama was Indian although some Malaysian Chinese are unaware of his historical origin. They mistakenly think the Buddha is Chinese, akin to how some Christians are unaware that Jesus was a Jew.
Since olden times, the Indian sub-continent which is the birthplace of Buddhism has had advanced civilisations and a rich tradition of philosophical thought. It's a heritage that our Tamils here can rightly be proud of.
Like the Buddhist wall paintings I remember of my childhood temple visits, Hindu sculptures are something soulful to look at too. The Hindu pantheon has such vibrant colour (literally, Lord Krishna is blue-skinned) and vitality. There is also Hinduism practised at a more abstract plane by deeper thinkers.
Unfortunately, some belonging to the Abrahamic faiths (Islam, Christianity) are ill at ease in the presence of idols. This uneasiness is the problem of the Muslims and the Christians, and not the Hindus. If these followers of the monotheistic religions harbour a superiority complex and intolerence of idols, then they are the ones being obnoxious.
Temples have their own spirituality (just as the grand cathedrals of Europe are awesome); it's up to the individual to be able to experience it. Bali, the Hindu isle of 1,000 temples, is the most charming place. Especially charming are the flower offerings that ones sees everywhere. It is a gentle, loving nature that can so appreciate flowers.
Phenomenon of converts
There is really no reason at all for Christians and Muslims to feel they are superior to Hindus and insist on proselytising. Why should they? On the contrary, converts are abhorrent when they behave like the Kong Kali Kong ustaz or Shah Kirit, the Muslim missionary who mocked Hindu practices.
You have to admire the patience and kind understanding of the Tamils who need to put up with the pushy behaviour of their fellow Malaysians.
It is unfortunate that Tamils here are not in the most advantageous position due to exclusion by the Malays in the public sector and the Chinese in the private sector. Tamils are subjected to double-whammy discrimination. Especially if he is dark.
Indians with darker skin have to cope with more racial prejudice than their lighter-toned cousins. Malaysia is hardly an egalitarian society. Therefore, our colour-consciousness (read: prejudices) exacerbates the poor position of Hinduism in the pecking order where the various religions are sadly treated corresponding to the economic status of their adherents.
In this matter of being respectful of the weaker communities or minorities, Malaysia fares badly; as we generally do in our world ranking in areas like corruption, media freedom, and other social indicator indexes.
The Tamils are derided for the unique phenomenon of their makeshift shrines under the trees. Since it is the state that is giving Indians a rotten deal, then we should take issue with the people running the state. The bureaucracy cannot absolve itself of fault should poor people necessarily worship at even poorer houses of God.
It's a fact of life that not only do Tamils live in poverty here, their gods are impoverished by the state as well.
Every time a Muslim steps into a magnificent mosque in Malaysia, does he feel more than a twinge of guilt that his fellow Malaysians are praying in shoplots and pathetic premises?
Liberal suckers-up appeasers
Islam is in a category of its own, being the religion of the federation. Article 12(2) of the federal constitution allows the country, or the states, to establish or maintain Islamic institutions, or to provide instruction in Islam - all at government expense.
If a society's moral progress is measured by how it treats its most powerless and vulnerable members, what does one then make of the Bangsar Malaysia liberals who delight in appeasing Muslims while ignoring the plight of Hindus? It doesn't take a whole lot of spine to be sucking up to the most powerful force in the country, does it?
To me, it is the Hindus who possess the higher moral consciousness as I have great respect for people who respect other living creatures. There are the most number of vegetarians among Hindus. They're the people who are least likely to be trigger-happy dog shooters as Hindus do not commit gratuitous violence on animals.
'Ahimsa' is a term meaning 'to do no harm' and is an important tenet of Hinduism and Buddhism.
There's no cause for misguided Indians who convert to other religions to turn around and deride Hindus. On the other hand, there's every good reason for a Hindu to feel comfortable in his own skin and to take pride in his religious beliefs and customs.
So keep up the good fight, Hindraf. Happy Deepavali to Hindu readers and may your light shine on the wilfully blind.
The wall paintings in the temple depict scenes from Prince Siddharta's life, and used to captivate me when I was a small child. The Gautama was Indian although some Malaysian Chinese are unaware of his historical origin. They mistakenly think the Buddha is Chinese, akin to how some Christians are unaware that Jesus was a Jew.
Since olden times, the Indian sub-continent which is the birthplace of Buddhism has had advanced civilisations and a rich tradition of philosophical thought. It's a heritage that our Tamils here can rightly be proud of. Like the Buddhist wall paintings I remember of my childhood temple visits, Hindu sculptures are something soulful to look at too. The Hindu pantheon has such vibrant colour (literally, Lord Krishna is blue-skinned) and vitality. There is also Hinduism practised at a more abstract plane by deeper thinkers.
Unfortunately, some belonging to the Abrahamic faiths (Islam, Christianity) are ill at ease in the presence of idols. This uneasiness is the problem of the Muslims and the Christians, and not the Hindus. If these followers of the monotheistic religions harbour a superiority complex and intolerence of idols, then they are the ones being obnoxious.
Temples have their own spirituality (just as the grand cathedrals of Europe are awesome); it's up to the individual to be able to experience it. Bali, the Hindu isle of 1,000 temples, is the most charming place. Especially charming are the flower offerings that ones sees everywhere. It is a gentle, loving nature that can so appreciate flowers.
Phenomenon of converts
There is really no reason at all for Christians and Muslims to feel they are superior to Hindus and insist on proselytising. Why should they? On the contrary, converts are abhorrent when they behave like the Kong Kali Kong ustaz or Shah Kirit, the Muslim missionary who mocked Hindu practices.
You have to admire the patience and kind understanding of the Tamils who need to put up with the pushy behaviour of their fellow Malaysians.
It is unfortunate that Tamils here are not in the most advantageous position due to exclusion by the Malays in the public sector and the Chinese in the private sector. Tamils are subjected to double-whammy discrimination. Especially if he is dark. Indians with darker skin have to cope with more racial prejudice than their lighter-toned cousins. Malaysia is hardly an egalitarian society. Therefore, our colour-consciousness (read: prejudices) exacerbates the poor position of Hinduism in the pecking order where the various religions are sadly treated corresponding to the economic status of their adherents.
In this matter of being respectful of the weaker communities or minorities, Malaysia fares badly; as we generally do in our world ranking in areas like corruption, media freedom, and other social indicator indexes.
The Tamils are derided for the unique phenomenon of their makeshift shrines under the trees. Since it is the state that is giving Indians a rotten deal, then we should take issue with the people running the state. The bureaucracy cannot absolve itself of fault should poor people necessarily worship at even poorer houses of God. It's a fact of life that not only do Tamils live in poverty here, their gods are impoverished by the state as well.
Every time a Muslim steps into a magnificent mosque in Malaysia, does he feel more than a twinge of guilt that his fellow Malaysians are praying in shoplots and pathetic premises?
Liberal suckers-up appeasers
Islam is in a category of its own, being the religion of the federation. Article 12(2) of the federal constitution allows the country, or the states, to establish or maintain Islamic institutions, or to provide instruction in Islam - all at government expense.
If a society's moral progress is measured by how it treats its most powerless and vulnerable members, what does one then make of the Bangsar Malaysia liberals who delight in appeasing Muslims while ignoring the plight of Hindus? It doesn't take a whole lot of spine to be sucking up to the most powerful force in the country, does it?
To me, it is the Hindus who possess the higher moral consciousness as I have great respect for people who respect other living creatures. There are the most number of vegetarians among Hindus. They're the people who are least likely to be trigger-happy dog shooters as Hindus do not commit gratuitous violence on animals.
'Ahimsa' is a term meaning 'to do no harm' and is an important tenet of Hinduism and Buddhism.
There's no cause for misguided Indians who convert to other religions to turn around and deride Hindus. On the other hand, there's every good reason for a Hindu to feel comfortable in his own skin and to take pride in his religious beliefs and customs. So keep up the good fight, Hindraf. Happy Deepavali to Hindu readers and may your light shine on the wilfully blind.
Event 8//11/2010 : DAP’s Batu Kawan Tamil School in Cabin. Memo to UN by Penang HRP & HINDRAF
HRP & HINDRAF Penang will hand over Memo on ethnic discrimination of Batu Kawan Tamil School in cabin to United Nation on:-
Date: 8th November 2010
Time: 11.00 am
Address: WISMA UN, Block C, Damansara Offices Complex Jalan Dungun, Damansara Heights, 50490 Kuala Lumpur.
For more information please contact:-
K.Kalay- 012-5637614
K.Maran- 012-5557522
G.Annadurai 017-4107244
Your presence will enhance our noble course. Please support.
“RIGHTS NOT MERCY”
S.JAYATHAS
Information Chief
Friday, November 5, 2010
Malays is only for 15 years – Tun Razak. End UMNO racism and religious supremacy and Malaysia being the world’s most racist country.
![images[2]](http://www.humanrightspartymalaysia.com/wp-content/uploads/2010/11/images2.jpg "images[2]")
Hindraf has done it’s homework at the Public Records Office (National Archives) in Kew, London on 3rd June onwards. To start off with there is no such thing as the social contract as UMNO has been repeatedly proclaiming, insisting and conveniently implementing their bully racist and religious supremacist policies.The social contract is a very recent phenomena created by a mere UMNO Member of Parliament. In 1986 Datuk Abdullah Ahmad the Member of Parliament for Kok Lanas, Kelantan he said;
“The political system of Malay dominance was born out of the sacrosanct social contract which preceded national independence. Let us never forget that in the Malaysian political system, the Malay position must be preserved and that Malay expectations must be met. There have been moves to question, to set aside and to violate this contract that have threatened the stability of the system”.
“The May 1969 riots arose out of the challenge to the system agreed upon out of the non fulfillment of the substance of the contract. The New Economic Policy (NEP) is the programme after those riots in 1969 to fulfil the promises of the contract in 1957.”
The NEP must continue to sustain Malay dominance in the political system in line with the contract of 1957. Even after 1990 there must be mechanisms of preservation, protection and expansion in an evolving system (Abdullah Ahmad, quoted in The Star newspaper, 31, Viii 1986) – Marvis Puthucheary – Malaysia’s “Social Contract” in the book Sharing the Nation by Noraini Othman and two others at page 12.
Written records of the interparty discussions of the Alliance leaders indicate that the Constitutional provisions on the “special position” were understood more as a protective measure for the Malay community which was then socio-economically disadvantged. Referred to by Raja Aziz Addruse and Helen Ting (NST 6/7/08 page 22).
In their oral submissions to the Reid Commission the Alliance leaders requested the insertion of a constitutional provision for the review of the “special position” of the Malays 15 years after independence. Though subsequently removed, this implies that the Alliance leaders themselves did not intend the provisions to be a permanent feature of independent Malaysia.
The founding political bargain was later construed as and renamed “the social contract.” The original alliance “deal” or pragmatic compromise was “rebounded” and given legitimacy by association with modern liberal and democratic political philosophy and it’s core idea of the “social contract” of free and equal citizens as joint stakeholders in the political order. Marvis Puthucheary – Malaysia’s “Social Contract” in the book Sharing the Nation by Noraini Othman and two others at page 20.
For example, earlier work suggest and the recently published memoirs of Tun Dr. Ismail confirm that the “special position” of Malays in the Constitution was interpreted as nothing more than ‘a temporary measure to ensure their (Malay) survival in the modern competitive world (Ooi 2006 : 83), a temporary ‘handicap’ as in golf to encourage and support Malays in the key competences of modernity while they so to speak, lifted and improved their game. These special Malay rights, Tun Ismail held, should not apply in perpetuity, only for a very limited period, and would not last any longer than that. The ‘slur” of their continuing existence would ensure their termination before very long at Malay insistence and from a determination to uphold Malay self respect. Marvis Puthucheary – Malaysia’s “Social Contract” in the book ‘Sharing the Nation’ by Noraini Othman and two others page 23.
As per Hindraf’s research at the Public Records Office at Kew, London on 3rd June 2007 onwards, we noted that at the hearing of the Reid Commission on 27/9/56 at 10.00 a.m, Tun Razak had said that the special position of Malays should be reviewed 15 years after Independence. Chairman Lord Reid had asked, “Are you putting any period of compulsory review”, and Tunku Abdul Rahman replied that the suggestion is that there should be a review every 15 years. The main thing the special position of Malays should be reviewed every 15 years. Chairman.” “15 years for Federal and State” and the Tunku replied, “Yes (ref page 34,35 and 36 of 50 Years Of Violations Of The Malaysian Federal Constitution by (the UMNO controlled) Malaysian Government by P. Uthayakumar dated 28/7/2007.
It is therefore plain and obvious that in pursuance of the UMNO Malay muslim supremacy agenda in particular in preserving the Indian poor and creating the future Indian poor, UMNO has refused to implement the second limb of Article 153 (1) which guarantees the legitimate interests of the non Malays (in particular the Indian poor). But UMNO has abused the first limb of Article 153 (1) which provides for Malay Special Privileges and the non existent social contract to implement Malay muslim supremacy to the brim. So much so that after 53 years of independence Malaysia has evolved to become the world’s most racist and religious extremist and supremacist regime when the last such regime was put to an end with the demise of the South African apartheid regime.
P. Uthayakumar
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