Monday, September 6, 2010

Stateless in Malaysia - the poor suffer most

(Malaysiakini) Fifteen year old Citra Dorai was born in a prison in Alor Setar and her knowledge about the circumstances surrounding her birth is rather vague.

She has been illiterate all her life as she does not have a birth certificate or an identity card which makes it impossible for her to register for any school.

stateless persons gather perai 050910 citra dorai on rightHer mother died recently and her father has left her and two other siblings in the care of an aunt, and Citra (left) is totally uncertain of her future.

"I want to be like everyone else, to go to school, and to have something to do in the future," she said, teary-eyed.

Citra, is among 40-odd stateless persons who turned up at the Human Rights Party's office in Perai today, to fill in their national registration forms.

More than 20 children, with ages ranging from two to 15 years, were accompanied by their equally stateless parents, to try and reverse their situation by registering their plight.

The effort is part of the HRP's national campaign to assist stateless persons, as most of them come from the Indian community.

Citra is also part of the 150,000 Malaysians who were born and bred in the country but who continues to suffer as stateless persons for various reasons ranging from not having parents' with citizenship to refusal to follow suit when a spouse or parent converts to Islam.
Disappointing meet
On Aug 13, HRP leaders met with NRD officers in Putrajaya, but came home feeling disappointed that the officers gave the impression that the problem was not as serious as they had made it out to be, said the party's national advisor N. Ganesan.

"But we have proven our point, in just a month, without even a campaign, only word by mouth, we have managed to gather some 40 stateless people in this office," he said.

stateless persons gather perai 050910 n ganesan"We want the NRD to take ownership of this problem and try to resolve this issue; it cannot deny that this is a big problem," Ganesan (right) added.

Ganesan, a lawyer by profession, reiterated that what has been constitutionally guaranteed has been systematically and procedurally denied to the poor and vulnerable.

"This has contributed further to their marginalisation and continuing dispossession from mainstream Malaysia," he added.

Meanwhile, the NRD has responded to the allegations by stating that the mobile registration program known as MyDaftar has been travelling to several Tamil schools and Indian estates to register undocumented children this year.

Its public relations officer Janisiah Mohd Noor stated in an email reply, that for cases of mixed marriage sans conversion, the matter should be referred to the appropriate religious department for more clarification.

She also stressed that the parents must be in legal wedlock to be registered as the child's parent.

Janisiah claimed that the main reason for this statelessness plaguing the poor Malaysian Indians is due to their ignorance of law, unregistered marriages, and domestic problems.

stateless persons gather perai 050910 crowdGanesan said the forms provided by the NRD was complicated that even an educated, un-marginalised middle class person would find a daunting task to fill in all their particulars.

"Please be reminded that these people with the stateless problems are from the working class; everyday they go to the NRD and are rejected due to incomplete forms, they lose a day's wage," he said.

"They have to return again and again before they get their forms rights and for many of these working class people, they simply cannot afford the time, so they let things continue to hang," he added.

UMNO Education Minister Muhyiddin Yasin’s racial discrimination of burnt down Kulai Besar Tamil school and all 523 Tamil schools in Malaysia.

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This afternoon at about 2.00pm a group of 100 students and parents of the Kulai Besar Tamil school ,Johor and HRP supporters by prior written appointment with the Education Minister Muhyiddin Yassin came to see him at Parliament house to present a memorandom on the burnt down and dilapidated state of the Kulai Besar Tamil school and almost all of the 523 Tamil schools in One Malay-sia.

This apprixiamtly 100 year old Tamil school which unlike almost all

the Malay and Chinese schools was never rebuilt in the 53 years of Malaysia’s Independence. This school was partly burnt down and is still endangering the lives of the 1299 pupils studying therein.

But the racist and religious supremacist UMNO Education Minister does not care as it only concerns the poor and politically powerless Indians . And neither has the 82 MP’s and top leaders form PKR,DAP and PAS including their 11 Indian mandore MPs lend voice to the Indian poor.

As usual UMNO sent in their Indian mandore policeman to create an Indian versus Indian fight situation as per UMNO’s 53 year old strategy. But HRP did bite the bait and completely ignored these Indian police mandores.

At the press conference HRP Information Chief S.Jayathas expressed disappointment that the Education Minister or his representative had refused to be present and does not care about the plight of the 523 tamil school in Malaysia.This is also in contravention of Article 12 of the Federal Constitution (no discrimination in education) and the UN Convention on the Rights of the Child which is entitled to compulsory free education.Jayathas asked why does this only happen to tamil Schools in Malaysia? Jayathas also announced HRP and HINDRAF’S call for all 523 Tamil Schools in Malaysia to be made fully financially aided government schools with equal status, facilities and teaching staff like any other malay muslim school after having granted all these Tamil schools land and they be gazette accordingly.

HRP Central Committee Member Mahesan of Johor Bahru whose daughter also studies at this school said that pupils are forced to study in “khemah Kenduri”and Shipping Cabins.causing school children to get wet in the rain and falling sick and being on medical leave and studying under punishing conditions. He also asked why temporary classrooms have not been built despite it being over three months now.

As this UMNO Education Minister or his representative refused to be present despite HRP’s written letter . S.Jayathas , Johor based HRP Central Committee member Mahesan and a group of the Kulai Besar Tamil school pupils laid their memorandum down at the enterance to Parliament, sang the Hindraf trademark song Tholvi Nelai Yena Ninaithaal and shouts of Hindraf Valga,manitha urimai valga and then dispersed peacefully .

UMNO thinks it can ignore HRP but we warn UMNO that it was these kinds of even smaller protests that eventually led to the 100,000 Hindraf Rally on 25th November 2007.Slowly but surely Hindraf & HRP is picking up steam to wipe out UMNO in the 2012/2013 general election.

The official memorandum will be sent to Putrajaya for the Wednesday cabinet meeting on 8/9/10.

The protestors then dropped by to the HRP HQ in Bangsar for a one hour briefing by P.Uthayakumar on the next course of action.

A consensus was derieved to get all 523 Tamil schools especially those with similar problems to gather peacefully outside the UMNO Prime Minister Najib Razak ‘s office in Putrajaya on the 25th of November 2010 if this Kulai Besar Tamil school problem and that of all the other 523 are not attended to and all the 523 Tamil schools are not being made fully aided.

S.Thiagarajan.

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Sunday, September 5, 2010

HINDRAF: Police stops HRP tawan Buntong Forum.

'Racist' Kedah principal only 'temporarily suspended'

(Malaysikini) Differences in the handling of the two principals who allegedly made racist remarks to their non-Muslim students last month raises question marks on how such cases should be dealt with.

Siti Aishah Mansor, principal of SMK Tunku Abdul Rahman Putra, Kulai in Johor faces “punishment” should she be found guilty in a Public Service Department (JPA) investigation.
Her fate will depend on the outcome of the investigation paper that will be submitted to the disciplinary commission of the Prime Minister's Department after Hari Raya Aidilfitri.
Her counterpart in Kedah however retains his post despite rumours that he may be replaced.

Ungku Aznan Ungku Ismail, principal of SMK Bukit Selambau (SMKBS), Sungai Petani in Kedah, although “temporarily suspended”, has instead been reassigned to an office in the district education office at Kuala Muda/Yan, Sungai Petani, for a week.

A state education department source revealed that Ungku Aznan will have to stay away from the school for that period, but was unsure whether this arrangement was temporary.

It is speculated that the move was aimed at keeping the principal away from the press and politicians while his case is being investigated and to allow the situation at the school to cool down.

No sign of transfer

The principal of the boys' secondary school was earlier expected to be transferred by Sept 1 on the insistence of the local Chinese community, MCA and state Gerakan.

The source said that Ungku Aznan has since apologised to a group of his students during a special meeting at the school, a few days after the incident.

Ungku Aznan had caused a national outcry when, angered by the sight of Chinese students having breakfast at the school canteen during fasting period, had during the next morning assembly publicly called them “disrespectful” and suggested that "they should go back to China”.

The incident came barely a week after Siti Aishah allegedly made derogatory remarks against her Chinese and Indian students during a school function.

The Kulai principal, apparently speaking about discipline problems, had allegedly told the Chinese students they were "not needed" and should "return" to China, while she criticised the Indian students for wearing prayer bands around their wrists, allegedly saying that only dogs would do so.
Prime Minister Najib Abdul Razak, who on Aug 27 spoke out for 'zero tolerance' for racism, has however remained circumspect on the issue.

How Hindraf and the civil society movements can come together



There are those who say I am anti-Indian or anti-Hindraf. My outspokenness towards a single-race struggle has been condemned as that of an anti-Indian or anti-Hindraf stance. And many who propagate the Hindraf cause have taken me to task for this perceived ‘anti’ stance. Maybe it is time I made my stance clear, for whatever it is worth.

THE CORRIDORS OF POWER


Raja Petra Kamarudin

I have had meetings with Hindraf’s London-based chairman, P. Waythamoorthy, quite a number of times over the last year or so to discuss how the ‘Indian struggle’ can be broadened to include Malaysians of non-Indian ethnicity. My contention is that Hindraf needs to appear less Indian and more Malaysian to attract Malays and Chinese to its cause.

My argument is that we are not downplaying the Indian problem as much as we are saying that the problem the Indians face are also faced by the Malays and Chinese as well as the natives of East Malaysia. Poverty, after all, does not discriminate. Poverty is colour-blind. It affects all races. So if Hindraf’s struggle is to alleviate the lot of the downtrodden then it should be for the downtrodden of all races, not just the Indians.

Moorthy and I both agreed that this would be a difficult thing to ‘sell’ to the Indians. The Chinese have their ‘strong economy’ to fall back on while the Malays have their ‘government protection’ under the new Economic Policy (NEP). What do the Indians have other than the MIC, which has failed to deliver what it is supposed to deliver?

Notwithstanding the uphill battle ahead of us, we agreed to try and give it a shot and see whether we can convince the Indians that it is to their interest that the Malays and Chinese rally to their cause. And I came out with a brief ‘concept paper’ to explain what we are seeking and what we can achieve if the other non-Indian-based civil society movements make an ‘alliance’ of sorts with Hindraf.

At worse we will be accused of being too idealistic -- but idealistic or otherwise we can never be accused of insincerity in attempting to solve the ‘Indian problem' by including the Malays and Chinese in the Hindraf cause.

As follows is the brief concept paper that I prepared and which I handed to Moorthy. In principle he is agreeable to the spirit of the paper although he feels some polishing up needs to be done to the paper to clarify certain areas and make it more specific. My contention is that this is merely a choice of words and rearrangement of sentence structure, which does not change what we want to say one bit.

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The Hindraf cause should be a Malaysian cause

Though the New Economic Policy (NEP), which was introduced in 1970, was aimed at eventually eradicating poverty ‘irrespective of race’ and to undertake economic restructuring so as to eliminate the identification of ethnicity, its implementation within the framework of the race-based system of governance has led to a state of affairs where poverty and inequities persist.

The NEP and its successor policies have enriched a small community of elites at the expense of the overwhelming majority and the creation of a belief of racial supremacy on the part of some conclusively show that it is imperative that the Malaysian system of affirmative action be seriously reconsidered.

A significant percentage of the population are still living in poverty and face serious difficulties in fulfilling the most basic of needs and expectations. In the East Malaysian States of Sabah and Sarawak, some rural communities live in absolute poverty with no access to basic needs such as potable and clean water, electricity, and other essential amenities. In the West Malaysian states, the Indian community is the main victim although many Malays and Chinese are no less spared.

The rising incidence of urban poverty is leading to an alarming increase in the crime rate. The poverty cycle threatens to self-perpetuate due to a lack of opportunities for higher education for those from the lower economic segment of the population, in particular the Indians. There is a serious deficiency in the quality and capability of human capital with a rising number of local graduates finding it difficult to find employment.

A denial of access to opportunities has led to a growing disenfranchisement that can potentially become a serious threat to stability and the Malaysian way of life. The system of governance having emphasised the differences amongst the racial communities, it is not unlikely that in the event of any unrest, such unrest may manifest along racial and religious lines.

Poverty does not discriminate. Poverty does not recognise race. Poverty touches all segments of society whether they are the natives of East Malaysia or the Indians, Chinese, Malays and Orang Asli of West Malaysia. It is time, therefore, for Hindraf’s struggle to include all races and for all races to participate in Hindraf’s struggle.

Invariably, since the Indians are the more dispossessed group, the struggle to reduce poverty and for more equitability in all sectors, education included, would automatically improve the lot of the Indians. But in doing so the lot of the other communities would not be forsaken.

Hindraf aspires to see the end of a race-based system of governance in favour of a non-race-based, integrated system of governance. This should also be the aspiration of all Malaysians regardless of race. Hindraf also desires that the policy of affirmative action be reconsidered with a view to establishing a system that ensures that the objective of poverty eradication can be achieved efficiently, effectively and inclusively. And this too is what most Malaysians desire. Therefore, the aspirations and desires of Hindraf are compatible with that of all non-Indian Malaysians, which means there is nothing to prevent all Malaysians from supporting the Hindraf struggle for a better Malaysia for all.

We are committed to the need of the dismantling of any and all remaining practices of ‘divide and rule’ in public administration and to put in place an affirmative action programme at Federal and all State levels to eradicate poverty and marginalisation from amongst the weak and backward groups irrespective of race, social background and religion.

Special attention must also be given to the Orang Asli in the Peninsula and all the indigenous groups in Sabah and Sarawak. Various laws and regulations pertaining to this community must also be amended or formulated so that justice is served, including establishing a Commission to protect Native Customary Rights (NCR) land and to resolve disputes relating to such lands while respecting their traditions and customs.

National integration should also be strengthened through the restoration of the rights and privileges that were promised to the people of Sabah and Sarawak. An independent ‘Ethnic Relations Council’ should also be set up that will report directly to Parliament to help in building a united Bangsa Malaysia.

In fulfilling this concept of a Bangsa Malaysia, Hindraf needs to broaden its struggle to include the needs of all Malaysians, irrespective of race, and for all Malaysians, irrespective of race, to support the Hindraf struggle to improve the lot of all Malaysians without ignoring the reality that the Indians and Orang Asli of West Malaysia and the natives of East Malaysia are the more displaced community.

Jika tak tahu cakap Bahasa Melayu, balik Cina!

Ay Lian mulai bercakap dengan Inspektor Shabudin dengan Bahasa Malaysia tetapi Inspektor Shabudin enggan cakap dengan Ay Lian sebab dia bukan pengadu. Inspektor Shabudin seterusnya kata dengan saya "Jika tak tahu cakap Bahasa Melayu, balik Cina".

By Lim Lip Eng (DAP MP for Segambut)

I accompanied the complainant to make this police report this morning at 9am.

We left IPD Sentul at about 11am after waiting for almost 2 hours without any investigating officer taking a statement from the complainant.

jinjang

Saturday, September 4, 2010

Hindraf wants two-year ban lifted

By Athi Shankar - Free Malaysia Today,


GEORGE TOWN: The Hindu Rights Action Force (Hindraf) wants the federal government to lift the nearly two-year ban on the human rights movement. In an open online letter posted today, UK-based Hindraf supremo P Waytha Moorthy said it was time the ban be lifted to allow the movement to address pressing issues pertaining to the marginalised Indian community in the country.

He alleged that the Indians have been subjected to state-sponsored discriminative policies for more than half a century.

He urged Home Minister Hishammuddin Tun Hussein to repeal the ban to pave the way for the registration of Hindraf, which was outlawed on Oct 15, 2008.

“Once registered, Hindraf can pursue its struggle lawfully,” said Waytha Moorthy, who left the country during the government crackdown on the movement in the aftermath of a mammoth rally on Nov 25, 2007.

Waytha Moorthy’s Malaysian passport was also revoked by then Home Minister Syed Hamid Albar.

Since then, Waytha Moorthy has been living in London under British political asylum.

He said the ban was ineffective as it did not stop Hindraf from carrying out its social responsibilities and domestic and international campaigns for betterment of the Indian community.

He said that Hindraf was a consistent movement championing and protecting human rights of the community.

Arbitrary power
Waytha Moorthy, a UK-trained lawyer, criticised Syed Hamid for wielding his arbitrary power vested in the ministry under the archaic and draconian Societies Act 1966.

He said although Hindraf had attracted 70% of the poverty-stricken Indians to its cause in a peaceful manner, Syed Hamid had abused his vested power by silencing the movement.

Nonetheless, he claimed that all efforts carried out by the home ministry to curb the movement have been futile.

“Hindraf has grown over the years as witnessed in its recent inaugural national convention,” he said.

Some 1,000 delegates from across the country attended the convention held on Aug 8.

Following two years of international lobbying, Waytha Moorthy said Hindraf was now a recognised human rights movement.

He said the government must accept reality and formally engage with Hindraf to address human rights violations suffered by ethnic Indians.

UMNO: 17 years to get Birth Certificates, 35 years to get I.C and a life time for most of 450, 000 stateless Indians.

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No.6, Jalan Abdullah, Off Jalan Bangsar, 59000 Kuala Lumpur, Malaysia
Tel: 03-2282 5241 Fax: 03-2282 5245
Website: www.humanrightspartymalaysia.com Email: info@humanrightspartymalaysia.com

Your Reference :

In Reply             : MISC/09/2010

Date                  : 03RD September 2010



(Press Release-03/09/2010)
The Human Rights Party Malaysia’s Proposals to eliminate Statelesssness among the Malaysian Indian poor



The problem of statelessness among Malaysian Indians is a serious problem, not only in numbers, which we estimate could very well run into several hundred thousands, but also for what this continuing problem implies. What has been constitutionally guaranteed has been systematically and procedurally denied to these poor and vulnerable people. This has contributed to their marginalization and continuing dispossession from mainstream Malaysia.

One of the major objectives of Hindraf/HRP is to bring these marginalized Indians into the mainstream of national development and an early and enabling condition for this is the elimination of this endemic problem of statelessness among them. DSC_0160


The main causes, as we understand for this current state of affairs are:

1) Extreme poverty and resultant life norms of the affected.
2) Racial and religious bias in the system that works against them.
3) The complicated and outdated procedures of the National registration system .
4) Birth registrations not handled in a manner consistent with Malaysian Federal Constitution.


Given that understanding of the root causes of the problem we make the following proposals to the Government Department and we hope that they will take this up seriously for implementation.
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1) The Government should set up a special unit in the Jabatan Pendaftaran Negara to address this Statelessness problem among the Indians. This unit should  be adequately resourced all the way from field workers to Department Director. Their charter will be to:

a) Identify all Indian Malaysians who do not have a Birth Certificate (BC)
and/or an Identity Card (IC) or have some problems with their status.
b) Create a database of them and establish appropriate programs to clear them one
by one by the 31st of December 2011.
c) Simplify the procedures for applying for delayed BCs and ICs. Make the
process “poor friendly”
DSC_0166 – do not require the applicants to fill out so many forms
- do not require them to provide so much and often redundant
documentary evidence
- do not require them to come to the JPN offices so many times
- do not reject their applications because they did not cross their ‘t’s or
dot their ‘i’s.
- treat them with more respectat the JPN counters and support them
through this process
d) Authorize Senior and respected members of the community to certify birth and parentage where a hospital is unable to do it.


2) Religion, race and marriage should not be made non- Constitutional barriers to birth registrations.


3) Parents must be empowered to decide the religion of their children on the basis of equality of all religions.


4) The JPN or other religious organizations should not impose the Syariah law on non-Muslims. Mixed marriages are one of the major reasons for the stateless Indian problem.


5) Empower this newly set up special unit within JPN to address this problem without interference from any religious bodies.


6) The JPN should upgrade their procedures employing technologies like the National database and DNA profiling. All, that is really required, is for the hospital where the child is born to be made responsible for the registration of the birth. The birth then goes into the national database of births . The birth is registered – a birth certificate should be issued. For deviations from the normal case, like for births at home or for abandoned children – a similar simple enough alternative procedure needs to be established.

7) The Government should extend the e-Government system to cover this crucial need.


8) The Government needs to set up a mechanism to monitor and report on this effort to eliminate statelessness in the JPN website.DSC_0173


9) The special unit in the JPN must be authorized to work with the Health Ministry, the Education Ministry, Welfare Ministry and the Human Resources Ministry to resolve any associated problems pertaining to those Ministries.


These proposals are what we consider a minimum for correcting the problem and for preventing future recurrence of the problem. We hope all this will yield some fruitful results from JPN.

The family we present to you – that of Mr.Thayalan, is but one live example of how this problem of statelessness perpetuates in the country after 53 years unabated, the destructive effects of it on the young, the possibility for expeditious resolution of the situation when there is a will, given that the seven children were issued birth certificates in about 3 weeks from our intervention.

The UMNO led government has ignored this problem for far too long. Now, it is time the government picked up the will needed to resource the effort to eliminate STATELESSNESS among the Indian poor in the country. The Human Rights Party will not let up in its campaign till we see a complete elimination of this problem.

DSC_0175We are taking this campaign nationwide and we will step up the campaign as we go along, unless we see a psotive move by the government on this problem.

On Sunday the 5th September we are gathering 40-50 stateless people in our HRP Perai office to begin the documentation of their application to the JPN for BCs and ICs. We invite all those in the North to come to the HRP Operations Center at 1st Floor, 15 Jalan Perai Jaya 5 ( Along Pacific Mall), Perai from 10.00 amd to 4.00pm . The following people can be contacted Kalaiselvan – 0174107244, Devendran – 012 5409943, Ganesan – 012 480 3284.

For those in the Central region and Southern Region please contact the HRP HQ office NO.6, Jalan Abdullah, Off Jalan Bangsar, 59000 Kuala Lumpur, Malaysia Tel: 03-2282 5241 Fax: 03-2282 5245. Contact Persons – Ms.Jeevita or Mr.Sambulingam – 010-2774096, S. Thiagarajan-019-3085944



S.Thiagarajan