A CHALLENGE TO HOME MINISTER- HISHAMUDDIN

Earlier this week the Home Minister had issued a statement in Parliament amongst others that I had left the Country on the 28^th November 2007 to lobby International support and to make efforts to meet leaders of the LTTE.

The above information has apparently been obtained from intelligence reports.

The baseless and unfounded allegation of Hishamuddin that I had made attempts to make contact with LTTE is absolutely ridiculous. I challenge Hishamuddin to provide the proof to the Malaysian public openly.

If that was the case why did the British government grant me political asylum status under the United Nation 1951 Convention relating to the status of refugee owing to fear of persecution by the Malaysian government for social activities that was carried out by HINDRAF in Malaysia. For the public’s information, LTTE is a proscribed organization both in England and India. In that case even the other Hindraf lawyers who had faced illegal incarceration are equally exonerated from such malicious allegation.

On 5^th December 2007 it was the Attorney General Abdul Gani Patail who made this unfounded allegation in an open Court bail application hearing against innocent Hindraf supporters. Thereafter on the 13^th December 2007 the Inspector General of Police and the Former Prime Minister made similar unfounded allegations against HINDRAF Lawyers.

When challenged to prove those allegations they went mute and the facts were twisted that the Lawyers had raised religious sentiments when the Lawyers had merely advocated the rights of Freedom of Religion under Article 11 of the Federal Constitution and Article 18 of the Universal Declaration of Human Rights.

I have always maintained that I am a Human Rights Advocate and have never deviated in my duty to uphold the Malaysian Federal Constitution and protect the Rule of Law.

I have no fear of the UMNO regime and its prison and have proven myself when I voluntarily denied bail upon arrest on a politically motivated sedition charge on 23^rd November 2007.

I now challenge Hishamuddin to do the following:

a) (a) immediately issue a fresh International Passport under my name ( I will not accept the old passport which has been invalidated and

m most likely “marked invalidated” by the British Immigration Office);

b) (b) arrest and charge me in open court for treason upon my return for the alleged “attempt to make contact with LTTE”

The “Criminal” Charge would give me an opportunity to prove that this Government had no evidence whatsoever and the whole works of the system right from the former Prime Minister, Attorney General, Inspector General of Police to the current leaders have lied and misled the Malaysian public and deliberately demonized HINDRAF, my colleagues and me.

If Hishamuddin fails to do the above he should publicly apologize to all Malaysians and Parliamentarians for misleading them.

P.Waytha Moorthy

Chairman

HINDRAF

Uthaya in Buah Pala

We Need Your Support !!!

Our Hindraf Leader
Mr.UTHAYAKUMAR
is coming to

Kg Buah Pala, Bukit Gelugor (High Chaparral)

on :
Date : 4th July 2009 (Saturday)
Time : 2.30pm
Location : Kg Buah Pala, Bkt. Gelugor. (High Chaparral)

Please come and support.
Please spread this message to all our friends.

-Buah Pala Residents-

PKR tells CM: Go talk to the villagers - Malaysiakini

A Pakatan Rakyat ally today ticked off Penang Chief Minister Lim Guan Eng for attempting to resolve the 'High Chaparral' crisis through media statements, rather than working out a proactive…

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A Pakatan Rakyat ally today ticked off Penang Chief Minister Lim Guan Eng for attempting to resolve the 'High Chaparral' crisis through media statements, rather than working out a proactive action plan.

PKR state chief Zahrain Hashim wants Lim to go to the ground, get his facts right and find an amicable win-win solution for all to end the Kampung Buah Pala crisis in Bukit Gelugor.

He said he was shocked that Lim had not visited the village until today since becoming chief minister 15 months ago.

He chided Lim for relying for information on the crisis from his deputies, rather than getting it himself.

As a result, he said Lim (right) was being accused of misinforming the public on several contentious issues pertaining to the crisis, such as on the quantum of the compensation offered by the developer.

"Information from third party amounts to hearsay. As chief minister, Lim should get it from the villagers... meet the villagers," Zahrain told Malaysiakini.

Zahrain acknowledged that the situation had reached a boiling point after the lucrative Oasis project developer - Nusmetro Venture (P) Sdn Bhd - issued a court order of writ of possession to the villagers yesterday.

Lodge a report with MACC

He said sentiments were running high now because an Indian traditional village of nearly 200 years was about to be demolished and flattened in a month's time.

"Lim should not look only at the corporate interests and talk about dollar and cents. It's time for him to visit the village and end the villagers' predicament," said Zahrain, the Bayan Baru parliamentarian.

He pointed out that it was the state government's duty not to allow the villagers to be victimised by the system.

He said the state government should not use the court ruling on the village land as a sheild to hide from its public responsibilities.

He urged the state government to release all the findings of the ongoing investigation into the 'High Chaparral' land scam.

He said the state government should not compromise with anyone if the findings showed that the land had been misappropriated by deception.

He urged the state government to report the issue to the Malaysian Anti Corruption Commission (MACC) to nab the culprits.

"The court ruling is another matter altogether," said Zahrain.

"Lim should check on the facts behind the crisis and prevent any victimisation. The people's interests must be protected," he added.

Developer lied to the media

Meanwhile, Kampung Buah Pala Residents Association chairperson M Sugumaran slammed the developer for lying about the facts and figures over the village.

The developer's executive director, Thomas Chan, said that the village only has 21 households, after 10 others moved out after accepting compensation up to RM260,000.

Sugumaran (right) pointed out that the court bailiffs posted the writ of possession to 41 households in the village yesterday.

"This itself is prove that the developer had lied to the media," he said, adding that only seven households had move out after accepting compensations.

He stressed that the compensation offered was not more than RM90,000 for each household.

Don't blame MIC

Meanwhile MIC Youth wing advisor S Vell Paari said Penang government leaders, especially its deputy chief minister P Ramasamy, should not continue blaming MIC for the plight of the villagers.

"How can they blame MIC for this? As a state government, it's their duty to solve the problem of the villagers there rather than passing the buck," he said today.

He also pointed out that while the agreement to develop the land was made by the previous BN government, it was nevertheless incumbent on the present Pakatan government to solve the issue.

"And during the general election, it was them who had said that they will stop the project. They should fulfil that promise now," he said.

Vell Paari, who is in charge of unity committee of MIC, also said that the party's representative in the last BN state government PK Subbaiyah was among the minority voice of exco members to have objected against the sale of the land to the private developer.

Wooing the Indian Malaysian vote

By Deborah Loh
thenutgraph.com

ON 25 Nov 2007, the Hindu Rights Action Force (Hindraf) burst into public consciousness through a mammoth street rally. Few…

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By Deborah Loh
thenutgraph.com

ON 25 Nov 2007, the Hindu Rights Action Force (Hindraf) burst into public consciousness through a mammoth street rally. Few doubt that Hindraf was pivotal in swinging Indian Malaysian votes away from the Barisan Nasional (BN) three months later in the March 2008 general election.

On 2 July 2009, Malaysiakini reported that Hindraf has submitted an application to the Registrar of Societies to found a new party known as Parti Hak Asasi Manusia (Paham).

But apart from Hindraf, the emergence of other Indian Malaysian political parties is a trend that warrants attention. All claim to want to represent and improve the lot of Indian Malaysians. What does this say about the community itself? And what impact do these divisions have on BN and the Pakatan Rakyat (PR)?

A few months before Hindraf, there was the Malaysian Indians United Party (MIUP) started by Datuk KS Nallakaruppan, a former Parti Keadilan Rakyat (PKR) stalwart and close friend of Datuk Seri Anwar Ibrahim.

This year saw the birth of Hindraf splinter group, the Malaysian Makkal Sakthi Party (MMSP), and the Malaysian Indian Democratic Action Front (Mindraf) founded by former journalist Manuel Lopez.

And in PAS, the party's supporters club has seen the Indian Malaysian faction, which outnumbers Chinese Malaysian members, demand that the club be split according to racial lines.

Developments in the community's political scene will shape the battle for Indian Malaysian votes in the 13th general election due in 2013. Already, there are early and subtle signs that the ground is shifting.

Moving quickly

Consider a few things which have happened since 3 April 2009, when Datuk Seri Najib Razak became prime minister.

The Tamil press play up criticisms of the PR by Hindraf leaders, though the organisation is banned. In Penang, Hindraf is butting heads with the DAP-led state government on behalf of Kampung Buah Pala residents whose land is to become the site of a luxury housing project.

Hindraf protestors (© The Nut Graph)

About two weeks after Najib took office, former Hindraf national coordinator RS Thanenthiran met with the premier to talk about the Indian Malaysian community's grievances. By this time, two Hindraf leaders had already been released from Internal Security Act detention in one of Najib's first moves as premier. Three other leaders would later be released on 9 May.

Thanenthiran confirms with The Nut Graph that he met Najib, remarking that his predecessor, Tun Abdullah Ahmad Badawi, did not once entertain Hindraf's requests for a meeting or acknowledge their memorandums. A month after the meeting with Najib, Thanenthiran launched MMSP.

On the ground, BN has not wasted time wooing the community, according to reports in the Tamil press.

Take the Cameron Highlands constituency, for example. Its Member of Parliament Datuk SK Devamany says, in a phone interview, that since April, two Tamil schools have received RM500,000 and RM700,000 each. Indian Malaysians have also been promoted to head a primary school there, and the local Drainage and Irrigation Department.

Indian Malaysian sentiment towards the BN government also appears to be on the uptrend although it is still early days in Najib's administration.

In the Merdeka Center for Opinion Research's 2008 fourth quarter poll on Peninsula Malaysia sentiment, 56% of Indian Malaysians surveyed disagreed when asked if Najib would make a good prime minister.

In another poll in May 2009, the first survey since Najib became prime minister, 64% of Indian Malaysians said they were satisfied when asked about his performance as premier.

Divide and conquer?

Datuk Dr Denison Jayasooria, the former executive director of MIC's Yayasan Strategik Sosial, says the emergence of different Indian Malaysian political parties indicates that the community still feels sidelined from the mainstream economy. This discontent gives room to individuals with the means and backing to start new parties.

Denison

Another cause is the lack of grassroots leaders who can identify with the rural and plantation communities in a way that western-trained leaders like PKR vice-president R Sivarasa or the DAP's Charles Santiago cannot. Denison says these leaders are not seen as representatives of the Tamil grassroots, and believes this played a part in allowing Hindraf, and parties like MMSP to rise.

Najib's tacit acceptance of MMSP by meeting them indicates his seriousness about winning back the non-Malay Malaysian vote. Denison observes that Najib knows BN cannot afford to be over-protective of MIC, which is embroiled in infighting and is no longer able to defend its position as the main representative of Indian Malaysians.

And while things appear quiet with MIUP and Mindraf, Najib only needs to engage the most attractive alternative to the illegal Hindraf.

As such, the speed at which MMSP's registration was approved in May, three months after its application, gave rise to talk that the fledging party had the BN's backing and funding.

Thanenthiran denies this and when asked again, said: "It is not important whether we support BN or PR but that we work with the party that is doing things to help the Indian [Malaysian] community."

He claims that MMSP, which has over 30,000 members now, is self-funding.

The party has been given further legitimacy by BN, even though it is not part of the coalition, through a campaign launched in early June to find stateless Indian Malaysians—- those without birth certificates or MyKads. MMSP is tracking these cases through announcements in the Tamil press and through its grassroots network, and is forwarding the individuals' details for the National Registration Department's further action.

Structural change

The political divisions among Indian Malaysians may be beneficial to BN, but problematic for PR which is still learning the ropes of state administration and coalition politics.

Thiruvenggadam

Petaling Jaya City councilor A Thiruvenggadam, who is from PKR, feels that PR could be doing more to fill the void by introducing faster changes in certain policies.

He says the PR-led Selangor government still has not dismantled past BN policies on the procurement and awarding of contracts, which, he says, still favour Malay Malaysians. He has also angered his party leaders for going public with claims of political interference in certain council dealings, and knows he is likely to be dropped when the state government announces councilors for the new term in July.

"The Selangor PR government is still adopting all the BN policies of the past to favour one community. We are seeing BN giving aid to Tamil schools and temples but PR is doing nothing to change such policies. Indian [Malaysian] support for PR will reduce if PR doesn't correct this," he warns in an interview.

Devamany
(pic courtesy of
MIC.org.my)BN, being in federal power, has the resources to court the community. But structural change is also underway, promises Devamany, who is Deputy Minister in the Prime Minister's Department and whose portfolio includes policies on Indian Malaysian community issues for the Economic Planning Unit.

"The government is aware that piecemeal handouts to Tamil schools and temples are insufficient," he tells The Nut Graph.

Changes in education, civil service recruitment, poverty eradication, housing, and wages, among other areas, must take place with the results documented to give visibility to the government's efforts.

Devamany, who sits on the cabinet's sub-committee on Indian Malaysian affairs, says this must be done because people still believe "the government doesn't help non-Malays".

Personality vs community

Denison notes that the history of Indian Malaysian political parties has been fraught with splits and the formation of new parties. MIC has faced competition for Indian Malaysian membership even from parties in the BN fold or those friendly to BN, such as the People's Progressive Party, Gerakan, the Indian Progressive Front, and the Malaysian Indian Muslim Congress (Kimma).

"It can be taken as a sign that the Indian [Malaysian] community is most active politically. They are in every party, whether pro-BN or pro-PR. Their common problem, however, is that these parties tend to be personality-based which explains the splits and emergence of new parties," he notes.

Denison believes that Indian Malaysian parties have to change from being personality-driven to community based.

"The truth it, Indian political activism in Malaysia has not thrived unless there are other races to help it," he says, noting that just as MIC cannot go it alone without the rest of the BN coalition, PKR too, needs a multiracial platform to survive.

"I don't think Indian [Malaysian] unity is necessarily the way forward," he says.

But who eventually wins over the Indian Malaysian vote in the coming elections is still left to be seen.

Hindraf Protest at DAP HQ Ipoh

Are pigs more valuable than humans? - Malaysiakini

Does DAP care more for pigs than humans?

This is the question posed by Kampung Buah Pala villagers in Penang who are now counting the days to the deadline for…

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Does DAP care more for pigs than humans?

This is the question posed by Kampung Buah Pala villagers in Penang who are now counting the days to the deadline for their eviction from the area which has been earmarked for development.

Describing it as 'double standards', village residents' association chairperson M Sugumaran chided the DAP-led state government's response to their predicament.

"Is this rule of law?" he thundered when speaking to reporters. "Is this justice, fairness and equality regardless of race and religion?"

"Are pigs more valuable... more important than humans? Are we worse than pigs?" he added.

He was referring to Kedah DAP's decision yesterday to pull out from the state Pakatan Rakyat coalition following a series of misunderstandings, the latest being the demolition of an illegal abattoir for pigs.

'War will erupt on Aug 2'

This morning, some 100 villagers, including women and children, had gathered at the entrance of the village to prevent representatives of the developer - Nusmetro Venture (P) Sdn Bhd - from entering the area.

Tempers flared when they spotted Numesto executive Gary Ho Yuen Kong arriving with court officials and policemen at about 11.30am.

A small light strike force unit was also deployed to prevent any untoward incidents while the bailiffs posted the writ.

The villagers started to shout at Ho as he entered the village. Calm was restored by the police after Ho left the area.

The villagers however refused to receive the notices of the writ, forcing the bailiffs to paste them outside their houses.

The writ gives a two-week deadline for the villagers to vacate their houses to pave the way for the lucrative Oasis development project.

The state government, which has come under intense fire over this issue, has already requested the developer to extend the grace period until Aug 2, in an effort to find an amicable solution.

Sugumaran warned the developer that the villagers would not surrender their homes at any cost.

"Our resistance today would have given the developer a clue that we not going to give up our land. It's going to be a war come Aug 2, unless the state government can end our woes," he said.

Whose side are you on?

Joining the fray, Parti Sosialis Malaysia (PSM) secretary-general S Arutchelvan said everyone wants to know which side state government leaders will be when the developer's bulldozers roll in.

"Will they be on the villagers' side defending the people's rights against the rampaging developer?

"Or will they be on the developer's side protecting capitalist interests?" he asked after visiting the area.

Arutchelvan said Kampung Buah Pala was an organised traditional Indian village that must be preserved by the authorities as a state heritage.

"It is not a squatter settlement as claimed. "It's a living cultural and economically vibrant village of 200 years," he added.

Indicating that the state government cannot hide behind the Federal Court ruling to wash its hands over the crisis, he said Chief Minister Lim Guan Eng should find a political solution.

Guan Eng warns developer not to play hard ball

Chief Minister Guan Eng has issued a warning to Nusmetro Ventures after the Oasis developer’s “highly irresponsible and inflammatory” threats yesterday.

Meanwhile, the state investigative committee needs to quickly get…

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Chief Minister Guan Eng has issued a warning to Nusmetro Ventures after the Oasis developer’s “highly irresponsible and inflammatory” threats yesterday.

Meanwhile, the state investigative committee needs to quickly get to the bottom of the circumstances surrounding the questionable sale and land transfers. What has happened to the villagers’ report to the MACC?

The State Government will not take a single cent of the so-called “goodwill payment” from the developer unless the kampung Buah Pala residents agree to the compensation.

The Penang state government warns Nusmetro Ventures (P) Sdn Bhd, the developer of the proposed housing project in Kampung Buah Pala, for threatening to send bulldozers in by August 2 to forcibly evict residents and demolish their houses as highly irresponsible and inflammatory. It is highly improper to stoke fear into the villagers’ hearts by reminding them that they will have to move out by Aug 2 when the one-month grace period given by the developer expires and there will be “no more extensions”. The one-month grace period was negotiated by the state government with the developer to find a solution to the problem.

Nusmetro claimed to have offered the highest compensation in the state from RM140,000 to RM260,000 to the temporary occupation of land (TOL) holders as well as their immediate and extended families. And even offered one of the two cattle ranchers there RM330,000 including a five-year rent-free deal for land in Balik Pulau which was rejected.

To say that the developer has the legal right not to pay anything to the residents just because the developer has a Federal Court order, would not assist in resolving this problem. Instead of all the cruel talk about bulldozers, the developer should continue to seek solutions that works towards a win-win situation for all parties. For this reason, the state government will not take a single cent of the “goodwill payment” proposed by the developer to the state government unless the villagers of Kampung Buah Pala agrees to the compensation.

I wish to reiterate that the state government has nothing to do with the eviction, or the Federal court order and the bringing in of bulldozers to demolish the houses. Instead the state government had intervened to prevent the eviction of the residents since last year. Even though this is a court order obtained by the developer, the state government would continue to work aggressively to try to assist the villagers.

LIM GUAN ENG

Kugan case proceeds ... without a judge!

The Star
By YENG AI CHUN

KUALA LUMPUR: The judge might have been away, but this did not stop the prosecution and the defence from arguing their case in the…

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The Star
By YENG AI CHUN

KUALA LUMPUR: The judge might have been away, but this did not stop the prosecution and the defence from arguing their case in the High Court here Thursday.

It was supposed to have been the first day of hearing for the return of documents, tissue samples and bodily fluids of suspected car thief A. Kugan who died while in police custody, but Justice Muhamad Ideres Muhamad Rapee was away in Kedah.

Nevertheless, the prosecution and the defence carried on with their arguments before a stunned court official.

Senior assistant registrar Azlinda Ahmad Sharif tried to intervene to explain that she could not hear any kind of arguments in the absence of the judge, but her words were drowned out by the heated exchange between Deputy Public Prosecutor Noorin Badaruddin and defence lawyer N. Surendran.

The war of words between the two started when Surendran asked Noorin to clarify her grounds to get the case thrown out on technical grounds.

Noorin replied that there was no need for her to do that as the prosecution’s ground had been clearly stated.

Surendran insisted that he must be given specific grounds to enable him to reply.

Noorin then repeated that the three grounds of the prosecution’s objection have been clearly stated.

However, she said she would “happily” provide further clarification if needed.

In the end, no order was given on the matter as the exchange between the two was not considered a real proceeding.

The hearing was postponed to July 15.

Kugan’s mother N. Indra, 41, who was also present Thursday, had filed a notice of motion and a supporting affidavit through her lawyer for the return of his samples on May 28.

Indra is asking the High Court to set aside and/ or cancel a search warrant issued by the Petaling Jaya Magistrates Court for the search and seizure at the pathologist’s office on April 6.

Outside the courtroom, Surendran hit out at the Attorney-General for the delay in prosecuting whoever was responsible for Kugan’s death.

“We hold the A-G responsible because the power to prosecute is his,” he told reporters.

He said Minister in the Prime Minister’s Department Datuk Seri Mohamed Nazri Abdul Aziz’s statement that the authorities were waiting for the results of a probe carried out by the Malaysian Medical Council should not have any bearing on the issue.

The probe, he said, was on the professional conduct of the first pathologist and had nothing to do with finding out who was responsible for Kugan’s death.

Kg Buah Pala: PKR youth chief raps Lim

Penang government today…

More ► More ▼ Penang government today came under fire from a PKR lawmaker for not upholding human rights and social justice in handling the 'High Chaparral' Kampung Buah Pala crisis.

Balik Pulau parliamentarian Yusmadi Yusoff said Chief Minister Lim Guan Eng should know that any development forsaking human development and values is in breach of universal laws and principles.

"All development policies without emphasis on human rights are flawed. The Kampung Buah Pala crisis should have been handled on these universal principles.

"It's a virtue upheld by international convention and universal laws on social and natural justice.

"Pakatan Rakyat's economic agenda upholds these values and the DAP government should know that," he told Malaysiakini today.

Yusmadi, the PKR state youth leader, is heading a separate party task force to probe the alleged land scam involving Kampung Puah Pala.

The 'High Chaparral' crisis is fast approaching a Mexican standoff between the villagers, civil societies, Lim's government and the developer - Umno-linked Nusmetro Ventures (P) Sdn Bhd.

Crisis could have been averted

The DAP-dominated state government had come under fire from various quarters including the Hindu Rights Action Force (Hindraf), Jaringan Rakyat Tertindas (Jerit), Suara Rakyat Malaysia (Suaram), various social activists and politicians for its 'ineptness and unwillingness' to end the crisis.

They want the state government to acquire and preserve the village in Bukit Gelugor for its 300 residents, involving 65 families in 24 houses.

Even residents living within the vicinity have signed a petition supporting the villagers' cause and called on the state government to halt the lucrative project initiated by its controversial land owner - Koperasi Pegawai-Pegawai Kanan Kerajaan Kerajaan Pulau Pinang.

Touching on the standoff between the villagers, developer and the state government, Yusmadi said the crisis could have been averted if the state government had respected human rights over commercial interests.

He said Lim was wrong to talk about a supposed RM200,000 offer made by the developer to the villagers because he had abandoned the social, economic and cultural rights of the villagers.

The villagers accused Lim of lying about the RM200,000 offer, stressing that the developer had only offered RM90,000 cash or a low cost unit as compensation.

Lim must expose the culprits

Yusmadi said the villagers and civil societies were talking about a 200-year-old peaceful and friendly urban living environment.

Its cultural growth, self-reliant economic activities and the romance of nature is something so scarce these days.

"One cannot compare all these human development and values with material goals," said Yusmadi.

"No amount of compensation can buy all these postive values in life," he said, chiding Lim for being inconsistent on the issue.

He said while the state government had formed an investigation team to probe misappropriation of the village land, Lim on the other hand, was talking about compensation.

By probing into the land deals, he said Lim (left) had admitted that the state government suspected foul play.

Therefore, he said Lim should stick with the probe and go on to expose the real culprits.

But talking about compensation now, he said Lim had contradicted himself and confused the public.

Yusmadi said the onus was now on Lim's government to prove to Penangites that Pakatan government was 'governance with a difference' - upholding human rights and social justice.

"The state government must show that it is different from Barisan Nasional. It must protect human rights, human freedom and human development," he said

Hindraf vs Lim: War of words continue - Malaysiakini

The public attrition between the Hindu Rights Action Force (Hindraf) and the Penang government over the 'High Chaparral' controversy has reached new heights with both sides continue to trade barbs.…

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The public attrition between the Hindu Rights Action Force (Hindraf) and the Penang government over the 'High Chaparral' controversy has reached new heights with both sides continue to trade barbs.

Hindraf leader P Waythamoorthy today sharpened his attacks by accusing Chief Minister Lim Guan Eng of being a party to the allegedly fraudulent transaction of Kampung Buah Pala village land in Bukit Gelugor.

Waythamoorthy said since the village land transfer happened under Lim's watch, he should be held responsible for the transaction.

He pointed out that Lim had conceded that the land deals were carried out in dubious manner by the previous Barisan Nasional government.

The land was transferred from state ownership to a civil servants' cooperative society – Koperasi Pegawai-Pegawai Kanan Kerajaan Pulau Pinang - on March 27 last year, 19 days after Pakatan Rakyat was catapulted to power in the 2008 general election.

The transfer is said to have been done without the knowledge of the state government despite Lim's directive to the Land Office to halt all land transactions on assuming power.

The London-based Waythamoorthy pointed out that Lim could have easily cancelled the subsequent transaction on grounds of insubordination or non-approval from the state cabinet.

“What I knew was the village's lawyer had even advised Lim to cancel the deal and take administrative action against the culprits. But he did neither,” he told Malaysiakini.

State can invoke Land Acquisition Act

Waythamoorthy also refuted claims by Lim that Hindraf had misled the public in implying that the state government could acquire the village land at RM30 million or below the market price.

He said it was Lim's political secretary Ng Wei Aik in his own blog posting which suggested that the land would cost the state government tens of millions of ringgit.

Accusing Lim of putting the cart before the horse, he further questioned Lim's wisdom in coming up with such a “ridiculous” sum.

“Perhaps he is not getting the correct advice from his state legal adviser,” said Waythamoorthy, who himself is a trained lawyer.

He said the legal avenue to acquire the land was under sections 18-35 of the Land Acquisation Act, which clearly stated that the quantum of the compensation to be paid shall be assessed by the land administrator after valuations and survey.

If the awarded compensation was unacceptable, he said Lim can invoke provisions under sections 36-51 to seek the court to determine the appropriate sum, with the assistance of assessors.

“He should not blame Hindraf for his own ignorance of the law,” said Waythamoorthy.

Compensation offer dismissed as 'peanut'

He also rebuked Lim for claiming that acquiring a piece of land such as Kampung Buah Pala was beyond the state government's financial capabilities. Waythamoorthy argued that the village was not exactly developed land.

“In any case, the village was developed by the villagers, who have lived there for past 200 years, with their sweat and blood, not by the government or developer.

“If the land is worth hundreds of millions of ringgit because it is developed then the compensation should be awarded to villagers, who are the rightful owners and real developers of the land,” he said.

Waythamoorthy rapped Lim for colluding with the developer to deny the basic human need of having a 'roof over one's head' and uprooting the villagers with the “peanut” compensation offer of RM90,000.

He said Hindraf was willing to sever the movement's friendship with DAP over the issue.

“This issue is not about money, but the preservation of the villagers' right to exist in their hereditary cultural homes.

“As a responsible chief minister and DAP leader, he should be the first to protect and preserve their homes,” he said, calling on Pakatan Rakyat leaders to pressure Lim on the issue.

Developer Nusmetro Venture has given the villagers until Aug 2 before moving in to flatten the village and make way for a high-end condominium project.

Hindraf to give Indians a third voice - Malaysiakini

In November 2007, the Hindu Rights Action Force (Hindraf) had rattled the nation when it staged a massive street protest in Kuala Lumpur which drew tens of thousands of Indian…

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In November 2007, the Hindu Rights Action Force (Hindraf) had rattled the nation when it staged a massive street protest in Kuala Lumpur which drew tens of thousands of Indian Malaysians.

Five of its leaders were subsequently detained under the Internal Security Act (ISA). But the momentum generated by the movement saw the Indian Malaysian community turning its back on the ruling coalition.

The Hindraf leaders have since been released, and now the movement plans to take its struggle to the political realm.

According to sources, Hindraf has already submitted its application to the Registrar of Societies and is awaiting the green light.

The name for the new party is Parti Hak Asasi Manusia (Paham).

Speculation that Hindraf may venture into politics started making the rounds when its leader P Uthayakumar stated that the movement was dissatisfied with both Barisan Nasional and Pakatan Rakyat.

He lamented that Hindraf's 'Makkal Sakthi' clarion call had been exploited by all parties for their personal benefit, leaving the Indian community high and dry.

Uthayakumar had also suggested that a new political party was needed to safeguard the rights of the Indian community.

Following this, the lawyer has been touring the country to garner feedback from the grassroots and is slated to make an official announcement on July 19.

No proper avenue for Inndians

"MIC, PPP, IPF and other splinter Indian parties are linked to BN and are committed to the coalition's rules and regulations which have retarded the economic progress of the Indian community for the past 52 years," said the source.

"On the other hand, DAP is a Chinese-based party, PKR a Malay-based party and PAS an Islamic party. There is no proper avenue for Indians to voice out their grievances," he added.

The source is confident that Indians from other political parties will flock to Paham.

Asked about the possibility of the ROS rejecting the application, the source cited Article 10 of the Federal Constitution which gives a person the right to form an association and Article 8 of the same, that provides equality before the law.

"When ROS can approve another Indian political party (Makkal Sakthi Party Malaysia (MSPM) within two weeks, I don't see any reason for it to reject our application," he said.

"Anyway, in such an eventuality, Paham will continue as a pro-tem party and may take legal action as a last resort to seek justice for the new party," he added.

Contacted later, Uthayakumar declined to comment on the formation of the new party.

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A TEST FOR PENANG PAKATAN – WITH THE RAKYAT OR WITH THE RICH

While Parti Sosialis Malaysia (PSM) is fully aware that the previous Government under Barisan National (BN) is to be blamed for the current problems in Kampung Buah Pala, Penang; yet the DAP led Pakatan Rakyat Government cannot just wash its hands off yet and blame the previous Government all the way.

In fact it puts to test or rather gives Chief Minister Lim Guan Eng a chance to prove that his government is pro people against being pro capitalist. For the time being it looks like peoples power has succeeded in postponing the forced eviction of the Kampung Pala settlers this Thursday.

PSM having the experience in fighting and championing many urban poor settlement sees that the biggest conflict surrounding land disputes are not the questions of ethnicity or heritage but rather it is the question of class. In most cases, the capitalist class using its financial muscle obtains land by buying over the State Government and its politicians. The poor settlers who have spent decades developing the land is left in a lurch and shown the exit door. The legal argument is standard – they are illegals, squatters and trespassers. They have been adequately compensated or these people are anti-development.

We have heard these same mantras over and over. These mantras have been used to evict the orang asli, the plantation workers, the farmers and the urban settlers over the years. In most cases the State and the legal system is with the rich and the developers. In cases where the people have triumphed, it is because of the resistance and struggle they put forward. It is very seldom, where the law has sided with the poor.

The current conflict puts a challenge to the Pakatan Government on the question of political will and political alliance. It is a question of class which the State Government needs to address. Everything else is technical and secondary. The State Government needs to choose if it wants to be with the many or just be comfortable living in its oasis.

PSM calls upon the State Government to use its political mandate and will to side with the settlers of Kampung Buah Pala. We call for all forced evictions in the State of Penang to be immediately halted. We call for a dialogue and the settlers of kampong Buah Pala be treated as partners in these development in their area.


S.Arutchelvan
Secretary General
PSM

LIM GUAN ENG IS A BLATANT LIAR

I refer to the Statement of Penang Chief Minister on Malaysiakini today throwing various wild allegations against Hindraf .

I wish to reply as follows:

He has lied and mislead the Malaysian public that Hindraf had "lied"that acquiring Kg.Buah Pala would cost the State Government RM 30 Million.

He further misleads in his statement implying that Hindraf had represented that the State Government could acquire the Kg below the market value.

The above statements by Lim Guan Eng is an absolute and blatant lie deliberately calculated to mislead the Malaysian public and divert from the real issue staring at him.

It was his own Political Secretary that had issued a statement yesterday (malaysiakini) that it would cost the state RM30 million to compensate the developers.

However we are aware of his posting on a blog and widely circulated in the emails that it costs more than tens of millions to do so.

My point is simple- where did Guan Eng get this ridiculus sum from? Why is he putting the cart before the horse? Perhaps he is not getting proper advise from his State Legal Adviser or perhaps his arrogance has cloded his mind. The necessary procedures which are lenghty and elaborate are clearly provided for in Section 18-35 Land Acquisation Act. The amount of compensation to be paid are to be assessed by the Land administrator after valuations and survey. If the amount of compensation awarded by the Land administor is not acceptable by the Developer then he would have to rely on provisions of Section 36-51 of the Land Acquisation Act where the Court would determine the appropriate compensation with the assistance of assessors.

So why is he now blaming HINDRAF for his ignorance of the Law. He has to justify how his Political Secretary came up with RM30 million or even his own Statement that it would cost more than "tens of Millions". Instead he is trying to divert from the real issue.

He further states " the forcible acquisation of Kg Buah Pala involving developed land would be of frightening magnitute and the State Government did not have the financial capability to do so".

Guan Eng is definately a liar and hoodwinking the public. Kg Buah Pala is not a developed land in the first place. I may be thousands of miles away but i will vouch it is a yet to be developed land and the developers had done nothing on the piece of land as yet. So WHAT IS HE FRIGHTENED ABOUT. The villagers have been occupying the land for 200 years and the land is developed in this modern day as a cultural village by the poor and defenceless people of Penang with their own sweat and blood. If the land is worth hundreds of millions of Ringgit because it is developed then the compensation should be to the owners as they are the real developers of the land at the present moment.

Guan Eng claims that the land which is believed to be transfered under dubious manner by the previous BN Government is the fault of the previous Government. But he must remember that the actual transfer of the said land had occured during his tenure as the Chief Minister.

If the previous Government had made a fraudulent deal then he is part of the fraudulent transaction for having sanctioned the transfer after he became the Chief Minister.

The need of a roof over one's head is a basic neccessity just like food and clothing. These poor people have been there with a little space/compound (for their children to play) and a safe roof for 200 years in a piece of land given to them on trust by the Brown family. So why now rob them of the basic necessity? Guan Eng had also lied that the people was offered compensation of RM200,000 and that many had accepted the offer and moved.But in actual fact they were offered RM90,000 by developers far below market value and which is insuffient for them to buy a new property in any part of Penang and the actual number of houseowners who accepted the shortchanged deal were 7 and not many as claimed by Guan Eng ( 5 Malay families and 2 Indian families). As far as i am concerned he is a heartless man for lying and colluding with the developers in uprooting these people with a peanut offer of RM90,000. The villagers had clearly stated that it is not an issue of compensation but a matter of preserving their peaceful existence in their hereditary cultural living over a safe roof. The basic need of a safe roof is a fundamental Human Right. As a responsible Chief Minister and a man who claims to lead the Democratic Party he should be the first to protect and preserve their homes but instead robbing them of thier basic necessity and Human dignity. HINDRAF would vigourously resist any attempt to take away this fundamental right and dignity even if it means ending our friendship with DAP.

Yes I agree HINDRAF has been infiltrated by BN stooges and Police Special Branch which is trying hard to break the Movement. But i will not sit idle and see him destroy the fundamental right in the name of development of not only Indian Community but of any community for the matter.

HINDRAF calls upon other Pakatan Coalition leaders to advice this heartless Chief Minister.

P.Waytha Moorthy

Chairman

HINDRAF

Frustrated villagers want Lim to quit - Malaysiakini

Kampung Buah Pala villagers in Penang have made clear their displeasure with Chief Minister Lim Guan Eng by urging him to resign over his failure to help them.

"If he can't acquire this land from the developer and preserve this village, he might as well resign from his post," said village residents' association assistant secretary C Tharmaraj.

Speaking to reporters at the village today, Tharmaraj accused Lim of being more keen in protecting the company's interest rather than that of the people's.

He said villagers are not blaming Lim as the cause of their predicament.

He said they only want the current state government to correct the malpractices of the past government.

"Is it too much to ask? If Lim can't do this for the people who voted for his government, he should just resign and go back to his home state of Malacca," he added.

He also questioned why Lim is afraid to use legal means to solve the problem.

The villagers are facing imminent eviction as the land has been sold to a company to be developed into a high-end residential estate.

Yesterday Lim defended his government by stating that it has never consented to or approved the demolition of Kampung Buah Pala.

The chief minster said Kampung Buah Pala is still standing today because of the intervention of his state government.

He had said any action taken against the residents has been initiated by the developer after obtaining a court order.

'Stop diverting blame'

Tharmaraj hit out at Lim for trying to divert blame to the previous BN government for the controversy and Hindraf for 'sensationalising' the issue.

"Lim should stop blaming others and turning it into a communal issue," he said, noting that issue is about the rights of citizens.

He said the controversy erupted because the past and current state governments have failed to recognise the people's rightful ownership to the land.

"Lim should be honest and sincere enough to admit that he had failed to exercise his executive powers to save our village.

"He has simply ignored and neglected us for past 15 months ... did not even bother to visit our village and talk to us."

Tharmaraj also slammed Lim for listening too much to his legal adviser Faiza Zulkifli and other senior civil servants in making decisions over the controversy.

He said Lim should have considered second legal opinions expressed by other lawyers such as Hindraf leader P Waythamoorthy, the village legal adviser Cecil Rajendra and even Balik Pulau parliamentarian Yusmadi Yusoff (left).

"His legal adviser is giving the wrong advice, maybe she has a conflict of interests ... who knows," he alleged.

He asked whether Lim feared a backlash from government officers if the state government were to re-acquire the land from its landowner, Koperasi Pegawai-Pegawai Kanan Kerajaan Pulau Pinang.

Tharmaraj also blasted the federal court judgment, which favoured the landowner and developer Nusmetro Venture (P) Sdn Bhd, pointing out that the three-member bench "got it all wrong" when it declared the villagers have no locus standi to bring up the matter.

Land appropriated 'by deception'

He recalled that the villagers' ancestors were brought to this place about 200 years ago as indentured labourers from South India to work in colonial estates.

He said the ancestors were given this land on free ownership by the Brown Estate Housing Trust before the Umno-dominated Malayan government turned it into a temporary occupation licence (TOL) settlement after Independence in 1957.

He said senior villagers would recall that their parents, mostly illiterate, were hoodwinked into signing documents about 50 years ago by government officers on the pretext of providing water and electricity supply to the village.

He said the villagers only now realised that their forefathers were duped by their own government to terminate their land ownership and turn the land into a TOL village.

In 2005, the state land office stopped TOL collections from the villagers, alienated the land under state ownership and subsequently sold it to the cooperative.

"Our very own government appropriated our land by deception.

"We have lived here for five generations, but the judges are saying we are tresspassers and squatters. Is this social justice? Is this the rule of law claimed by the chief minister?

"He can easily correct all the past wrongdoings by a single stroke of his pen. Lim should walk his talk," said Tharmaraj, who broke into tears at the end of the press conference.