Kempen PerlembagaanKu: Fasa 2/ MyConstitution: Phase 2

Launch of the 2nd phase of the Kempen PerlembagaanKu / MyConstitution Campaign

“Constitutional Institutions and the Separation of Powers”

A Happy New Year to you all! You have probably heard of the MyConstitution Campaign’s successful launch on 13 Nov 2009 (For those who have not, click here for a web report on the launch).

The launch was a blast with more than 250 guests packing the Bar Council’s Auditorium. Since then, the Campaign has been well-received by many sectors of society including the government, as expressed by Datuk Liew Vui Keong, Deputy Minister in the Prime Minister’s Department, who officiated the launch.

The Campaign is now entering its 2nd phase, which involves the launch of the 2nd booklet: The Rakyat Guides entitled ‘Constitutional Institutions and the Separation of Powers’ and the release of the 2nd Rakyat Service Advertisement. A forum ‘Conversations on the Constitution: What is the Separation of Powers?’ co-hosted with Sunway University College will follow.

The details of the launch and forum are as follows:

Date: 15 Jan 2010 (Friday)

Venue: Auditorium, Sunway University College, No. 5, Jalan Universiti, Bandar Sunway, Petaling Jaya

Time: 4:00 pm – 6:30 pm

Panelists: (1) YB Datuk Dr Wan Junaidi bin Tuanku Jaafar (Deputy Speaker, Dewan Rakyat)

(2) Datuk Kadir Sulaiman

Moderator: Dato’ VC George (Retired Court of Appeal Judge and former Bar Council Chairman)

Everyone is invited to attend this event, which we promise will be better than our first launch! Your collective presence will mark the start of an exciting and meaningful year as you join us in our Campaign to promote constitutionalism and the rule of law at a critical time of our nation’s history.

Please click here for the Campaign’s official website.

For further information, kindly contact Lim Ka Ea at 03-2031 3003 ext 127 or 03-2031 7103 or by email at kaea@malaysianbar.org.my.

We look forward to your continuous support and contribution.

Thank you.

Constitutional Law Committee

Bar Council Malaysia

Hope Has Not Been Bombed Out

Sun2Surf,

11 January 2010

PAKATAN Rakyat could not be happier. It has been handed a “gift” with the fire-bombing of the churches. Naturally, it has been making political capital of it – PAS president Abdul Hadi Awang and PKR de facto leader Anwar Ibrahim call the incidents “unIslamic”. On the other hand, Prime Minister Najib Razak seems to be on the defensive although he has strongly condemned the violent acts. Don’t point fingers at Umno, he says. Meanwhile, Umno Youth chief Khairy Jamaluddin refuses, on Al-Jazeera, to say that the fire-bombings are connected to the Allah issue and conveniently leaves it to the police to decide that. Sure, sure, it may well be a coincidence.

The arsonists did the Barisan Nasional government a great disservice by their mindless, cowardly acts. Immediately after the results of their handiwork came to public attention, tongues were wagging that Umno was responsible. Well, even if it wasn’t, its key leaders are liable to be held indirectly accountable for their ambivalent stand regarding last Friday’s proposed protests.

Just like its stern stance when it came to public protests, against the ISA, for example, the government should have sent a strong message that the planned mosque protests against the “Allah” ruling should not be held. Those in charge of national security should have said from the outset that any public gatherings organised to protest against the issue would be deemed illegal and action would be taken against the perpetrators.

The arsonists have also presented BN a problem. The acts of arson could so incense the Christians of Sabah and Sarawak that come the next general election, they could withdraw their support for BN, something that is now evidently crucial if BN is to stay in power. The bombings would also have further alienated the non-Malays whom the ruling coalition has been trying to woo back with 1Malaysia. How should Najib proceed now?

Ironically, something positive seems to have emerged from the Allah issue, the bombings and the protests. Although the raising of such a sensitive religious issue could have led to ethnic clashes, it did not happen, further reinforcing the post-March 8 belief that the May 13 bogey has effectively been exorcised.

It certainly helped that sensible Muslims did not agree with the protesters and said so publicly. Although a Facebook group formed to oppose the use of the word “Allah” by non-Muslims has drawn almost 200,000 members, the relatively thin turnout at the mosque protests indicates that Malaysians will not simply take up any cause irrationally.

Those at the protests advocating violent action, like the individual in Shah Alam who yelled at the crowd to “bakar gereja” , reportedly met with silence. This individual also threatened that “appropriate action” would be taken if the Court of Appeal does not decide in favour of Islam.

One wonders why he hasn’t been arrested for sedition.

On the positive side, there have been heartening developments in the wake of the bombings.

There is nothing more reassuring for a multi-ethnic, multi-religious polity like ours than to see Muslim individuals and groups coming out to condemn the incidents. The group of multiracial youths giving out flowers to passers-by in Bukit Bintang, Kuala Lumpur, on Saturday, in a gesture of goodwill, helped to spread the message that “everything’s gonna be all right”. And the

initiative of blogger Dr Mohamed Rafick Khan Abdul Rahman to collect donations to rebuild the damaged premises gives a sense of hope amid the tumult.

Christians have not missed the opportunity to come out smelling like roses either, with the leaders of the damaged Metro Tabernacle Church saying they forgive the arsonists for what they have done. Heartfelt though that may be, it’s still good public relations.

The church’s pastor summed it up aptly when he said: “It is a very sad day for

Malaysia but a great day to know that most Malaysians do not think like (the arsonists).” He would have been referring to people like Marina Mahathir, who has made one of the most sensible comments on the whole episode – that Muslims have to be strong in their own faith, so strong that they can rise above a mere issue like the use of a word.

In the aftermath of the fire-bombings, we have, it seems, arrived at some kind of threshold. The sensible people of Malaysia may yet be the ones to lead us forward. At the very least, their numbers can only increase. Now we need to open the door and cross the threshold towards better understanding among the different faiths.

Why not have that interfaith commission that was proposed a few years ago but got deferred because Islamic groups did not seem in favour of it? It’s a great step to take. We should be positive and take it.

Kee Thuan Chye is a free-thinker and author of March 8: The Day Malaysia Woke Up.

Another similar article: http://online.wsj.com/article/SB10001424052748704500104574649600537122592.html?mod=WSJASIA_hpp_sections_opinion

'Allah' Ruling May Challenge Malaysia

The Wall Street Journal,

2 January 2010

By JAMES HOOKWAY and CELINE FERNANDEZ

KUALA LUMPUR -- If a Malaysian High Court ruling stands, Roman Catholics here can resume using the word "Allah" as their translation for God in their local language.

The court on New Year's Eve overturned a three-year-old government ban that prevented the Catholic Church from using the term Allah in its literature. The Arabic word has been used by various faiths in this Muslim-majority nation for centuries, and the church argues that it is the only suitable way to denote God in the Malay language.

Other options, such as "Tuhan," or Lord, aren't as appropriate, says Rev. Lawrence Andrew, the editor of the church's Herald newspaper. He called Judge Lau Bee Lan's decision a landmark ruling that upholds constitutional guarantees of freedom of speech and religion.

But some people fear the ruling is only the first round in what they see as a longer campaign by a broad spectrum of Muslims to make this religiously diverse, resource-rich nation more Islamic. Prosecutors could file an appeal as soon as Monday, and Islamic activists already are demanding the ruling be overturned. A government spokesman couldn't be reached to comment.

The linguistic dispute over the word Allah comes amid a flurry of other controversies that have convinced many Malaysians that their country is adopting an increasingly politicized interpretation of Islam. Some analysts fear it could eventually turn off international investors.

In recent months, a Muslim Shariah court sentenced a woman who ordered a beer in a hotel bar to be caned, while a group of Muslim men desecrated the proposed location of a Hindu temple near Kuala Lumpur by tossing a severed cow's head onto the site as police stood aside.

The increasingly religious bent of Malaysia's authorities contrasts sharply with the country's reputation as a holdout for moderation in the Islamic world. Malaysia's diverse makeup -- around 60% of Malaysia's 27 million people are ethnic-Malay Muslims, while the rest are mostly ethnic-Chinese and Indians -- has encouraged trade and investment. For a while, the Petronas Twin Towers in Kuala Lumpur were the tallest buildings in the world, and the country hosts a large technology industry in addition to sprawling palm oil plantations and natural-gas reserves.

The character of the country has changed, however. As Islam emerged as a political force across the Muslim world, Malaysian leaders encouraged the spread of Shariah courts and a Muslim-dominated bureaucracy.

The ruling, however, adds to signs that some Malaysians may be ready to push back against the Islamist tide, or at least act to prevent it from becoming more powerful, observers say.

In an interview in November, Prime Minister Najib Razak said the government would resist efforts by Islamist hard-liners to turn Malaysia into a more-radical Islamic nation. "We are going to maintain what we are today -- a moderate Muslim state," Mr. Najib said.

The Herald newspaper filed a lawsuit against the government's ban on it using the word Allah in 2007. Malaysian authorities were concerned that the word would confuse or mislead Muslims, and that the term should be reserved exclusively for Islam.

The ban hindered the Malay-language edition of the Herald, which is read mostly by indigenous tribes who converted to Catholicism and other forms of Christianity. It added to the grievances of Malaysia's religious minorities, who complain they are discriminated against by the Muslim-dominated government -- a claim the government denies.

The ban on Christians using the word Allah was imposed before Mr. Najib became prime minister, and some observers suggest he might not want to pursue the case in order to help improve religious relations. The Pan-Malaysian Islamic Party, a key member of an opposition coalition, already has urged its followers to respect the court's verdict.

Muslim activists have grown more powerful, however, and the government may be unable to resist pressure to appeal the Allah ruling, observers say.

—Patrick Barta contributed to this article.
Other relevant links:

Nik Aziz: Non-Muslims Can Use ‘Allah’

Malaysia Upholds Values Of All Religions, Says PM

Allah dibebaskan – Haris Ibrahim

Asri: ‘Manusia Memang Patut Panggil Tuhan Dengan Panggilan Allah’

‘Allah’ Ruling Is Not A Challenge To Islam – Leslie Lau

Christians Dismayed By Uproar Over ‘Allah’ Usage

Marina M: Confident People Do Not Get ConfusedPAS: Bukan Islam Boleh Guna Perkataan ‘Allah’

Dr Ng Kam Weng: Allah Can’t Be Substituted With Tuhan In Bible Translation

This Fireduck Is Really Funny!

By Fireduck, 26 December 2009, 17:35 in reply to Tohkong Mosjid [READ MORE].

Hrrrrmmmph! This is God.

You Malaysians are so fickle-minded. First to help you all along, I send you a decent fella Rahman. He was happy to serve you guys, but some of you were not happy and forced him out. Instead, you wanted a Brutus to lead you, so you got Razak instead. Now that one, I do not have much to do with. He led you guys on a divergent route from what was planned for Malaysia, but since you guys wanted him ..... oh well, you guys always want to learn the hard way.

But even I couldn't stand the fact that he got to lead us guys via the Brutus (mere mortal men came up with the term "brutish") way down the path I didn't mean for you guys to go. When it was time for him to return to answer for his time on earth, I decided to try and lead you guys out form the lost path. I sent you another decent fella, Hussein but aiyah, you Malaysians do not see the good I have meant for you, and again, you asked for another Brutus character. I tried to warn you guys that one Brutus will lead to another. You guys didn't listen. That Hussein guy had enough of you guys and quit on me, and you guys brought this real Brute (he's the mother of all Brutuses -- his name Maha should have alerted you) into the picture.

You must understand I endowed your country with riches far beyond gold and all that glitters. I endowed your country with a diversity of cultures some other countries would go out of their way to have. They value the beauty of the differences I'm able to come up with, and the intrinsic strength of such diversities. But sigh, again, you Malaysians do not appreciate that. Your mother-of-all-Brutuses tried to go against that wisdom and through his actions tried to cull that diversity and instead place upon you the ketuanan that even I cannot understand. I understand he even tried to masquerade as me in his 22 years lording over you guys. Sorry there, I had to let you guys learn the hard way.

Again, I must mention that if you guys like Brutuses to lead you, you will forever be on the wrong path. Until you get rid of the present batch of leaders I cannot do much to help you further. Some things have to come from within each of you. I will not take away the riches that I have endowed upon your country, but then, neither will I add to that richness if you people do not help yourselves. I'm sure you heard of the oft-quoted "God help those who help themselves". I'm very patient, and I can definitely wait. After all, my 1minute = your 1 millennium.

But if you wish to see positive change, take the initiative to act now. Reach out to your fellow Malaysians and get them to see the goodness in each other. Repulse and reject any of your fellow Malaysians who tell you to only see the difference in the skin colors. I reveal to you now (what the rest of the world already knows) that I played with the different skin colors just for diversity's sake .... maybe I was bored ..... but beneath all that, the basic components are EXACTLY the same.

I will work in my own way for the ultimately good in the end, but remember, don't wait for me to do my work. I follow a different timing system. But I allow you all to control your own destiny, so help yourselves .... then I will come and help you. My parting advice right now, is 'get rid of the entrenched system of patronage, seize the opportunities for change, and dare to make that change. I'm watching .....'.

I bless!

God .... Grand Old Daddy

Christmas Isn't Christmas Till It Happens...

Chorus:

Christmas isn't Christmas

till it happens in your heart.

Somewhere deep inside you

Is where Christmas really starts.

So give your heart to Jesus, you'll discover when you do.

That it's Christmas, really Christmas for you.

Jesus brings warmth like a winter fire, a light like a candle's glow.

He's waiting now to come inside, as He did so long ago.

Jesus brings gifts of truth and life, and makes them bloom and grow.

So welcome Him with a song of joy, and when He comes you'll know that

Christmas isn't Christmas

till it happens in your heart...

NB: The composer of this song is unknown to this blogger. Those with the information kindly comment. Thank you.

Forum "Natijah dari Krisis Perak" Anjuran MerdekaReview

Butiran:

Tema: Whither the Constitution? Lessons to be learnt from the Perak Crisis (English)
Tarikh: 9 Disember 2009 (Rabu)
Masa: 8 pm
Tempat: MBPJ Civic Centre Auditorium, Jalan Yong Shook Lin, Petaling Jaya.

Kedatangan dialu-alukan. Kemasukan adalah percuma.

Antara ahli panelnya termasuklah Professor Kevin Tan, Professor Shad Faruqi dan Mohd Nizar Jamaluddin.

Kevin Tan, graduan dari Yale University, seorang pensyarah di Singapura, dan juga Monash University di kampus Kuala Lumpur. Selain itu, beliau juga banyak menulis mengenai perlembagaan Malaysia dan Singapura.

Professor Shad Faruqi, pakar perlembagaan, dan juga penulis buku Document of Destiny. Selain mengajar di universiti tempatan, juga seorang kolumnis dalam akhbar Star.

Nizar Jamaluddin, Menteri Besar Pakatan Rakyat negeri Perak, merangkap ahli parlimen Bukit Gantang, Perak.

Sekali imbas, krisis Perak yang berlanjutan sehingga kini merupakan antara peristiwa yang paling penting dalam tahun 2009. Pergelutan kuasa antara Barisan Nasional dengan Pakatan Rakyat ini telah memberi impak yang besar kepada sistem politik Malaysia dari semua dimensi, termasuk kehakiman, pasukan keselamatan, perundangan, institusi Raja dan sebagainya.

Human Rights Award for Malaysian Group Against Security Law

By James Chow, Epoch Times, 8 Dec 2009

KUALA LUMPUR, Malaysia—Fifty years after British colonial authorities passed a “temporary” law in Malaysia that allows police to detain suspects in security threats, human rights groups are fighting back, and winning awards for doing so.

The Internal Security Act (ISA) was passed in 1960 to strengthen the British colonials in suppressing the communist rebellion. Today, the law is still on the books and according to Human Rights Watch, is a recipe for abuse.

Under the preventative detention law, police can detain suspects without trial or criminal charges by the order of the home minister. Any person who is suspected of posing a threat to the security of the country can be detained for a period of 60 days to two years and is extendable thereafter for further periods not exceeding two years at a time.

“Those held under the ISA are defined as a group that has virtually no rights, so it is hardly surprising that prison guards treat them as less than human,” said Brad Adams, executive director of Human Rights Watch’s Asia Division.

The group leading the fight, the Abolish ISA Movement, known as GMI in Malay, won the SUARAM Human Rights Award 2009 at the 20th SUARAM Fundraising Dinner on Sunday.

Representing GMI to accept the award was Norlaila Othman. Her husband Mat Sah Mohd Satray was one of the ISA detainees who was released on Sept. 15 this year—however, his movement is still restricted by authorities, preventing him from attending the award ceremony.

GMI was awarded the human rights awards because of their fearlessness when facing the authorities and their persistent struggle on their cause, according to the event organizer.

Comprised of 83 organizations, GMI was formed in 2001, and has held various public awareness activities including protests, candle vigils, and public forums. The group is coordinated by human rights activists, lawyers, former detainees, and family members of current and former detainees.

In August this year, GMI held a rally to urge the government to abolish the ISA. The rally attracted 30,000 people, and many ISA detainees were released not long afterward.

SUARAM (Malaysian’s Voice), considered one of the leading human rights organization in the country, was established in 1989 upon the release of the last detainees of “Operation Lalang” (Weeding Operation), where 107 opposition leaders and social activist were detained by the government under the ISA in 1987.

“SUARAM has a mission to build a human rights movement in Malaysia using empowerment, advocacy, and solidarity, and our vision is to build a society based on peace, justice, democracy, and human rights,” said SUARAM’s founder, Dr. Kua Kia Soon, during his awards speech.

More than 500 human rights activist and supporters attended the fundraising and awards dinner to pay tribute to human rights defenders who have fought and sacrificed for the improvement of human rights in Malaysia, as well as to raise funds for SUARAM to continue in its work.