« Batu Buruk: Suhakam to proceed with inquiry on live bullets | Main | Jeff Ooi at Suhakam »

Operasi 3M: 'Mana Maruah Malaysia?'

FEEL-BAD.jpgAN EXECUTIVE SUMMARY. The Parliament is the country's supreme law-making institution. The Constitution stated that in no uncertain terms.

Recently, cows were slaughtered and animal blood was shed in the Parliament compound -- to celebrate the Prime Minister's second marriage. It was a precedent created during this Abdullah Administration.

Yesterday, the sanctity of the Parliament was confirmed not a No-Man's land even for the Malaysian Police -- multiple arrests of Malaysian citizens were made inside and outside the Parliament compound. it's all over on YouTube yesterday.

Here's an overview of the December 11 multiple arrests yesterday, compiled by Malaysiakini.tv

They did this to lawyer Mustafa Ali, PAS Election Strategy Director -- within Parliament compound:

They did this to Khalid Ibrahim, PKR Secretary-General, who was talking to reporters outside Parliament compound:

They did this to Tian Chua, PKR Information Chief, man-handled on the road to the Parliament House:

They did this to four of the eight civilians within the Parliament compound -- after they submitted the memorandum to Members of Parliament:

Wasn't there a siege of the Parliament in Malaysia, December 11, 2007, another 'First' achieved during the Abdullah Administration? The Parliamentary Opposition Leader said:

BACKGROUND INFO. There was no BERSIH Rally yesterday, according to official sources at the electoral reform coalition. There was only a small delegation of BERSIH representation who wanted to submit a memorandum to the Parliament Speaker, stating why the Constitutional Amendment Bill shouldn't be passed just to facilitate the service of the present chairman of the Election Chairman who will reach the maximum age limit of his service by December 31, 2007.

Despite the massive police blockades, eight members of the BERSIH delegation managed to 'sneak' into the Parliament House to submit the memorandum to the Members of the Parliament.

The memorandum listed 10 reasons why the present man heading the Election Commission is not fit to continue his service, which should come to mandatory retirement by December 31, due to age limit.

They later held a press conference at the Parliament lobby. After which, they were arrested as they were about to leave the Parliament House, as you may have seen in the YouTube clips above.

When the Bill was tabled for the second reading at the Parliament yesterday afternoon, where the Prime Minister personally delivered the wrapping-up speech, all Opposition Members of Parliament walked out.

The Bill was passed -- unanimously and with more than two-third majority -- by all members of the Umno-nominated Barisan Nasional present, including Ministers and deputies from MCA, Gerakan and MIC. An exemplary case of power-sharing model, BN-styled.

Once passed, the present Election Commission chairman will be able to extend his service right up to June 30, 2009. The present term for the Abdullah Administration shall expire by April 19, 2009.

Suhakam talks. When are you gonna walk?

All the above are Citizen-Generated Content (CGC) published on YouTube US and YouTube UK. View the facts and you decide on your own the country you would like have.

Oriental Daily News has a special interview with Suhakam Chairman Abu Talib Othman on the issue of the rakyat's right to assembly under the Federal Constitution. The former AG said the Police can arrest the Constitution-empowered citizen only when they can prove beyond doubt that the assembly can cause harm to public order.

In The Star, Shaila Koshy paraphrased Abu Talib as saying that "the possibility of public disorder should be based on evidence, not speculation or imagination”.

In calling for permit-free rallies to be allowed in this country, Abu Talib said it was unfortunate that a gathering of three is an assembly under Section 27 of the Police Act. "The intention is irrelevant,” he said.

“Suhakam wants Section 27 repealed because it goes against the Universal Declaration of Human Rights and appears to be inconsistent with the spirit of the Federal Constitution,” he added.

I hope Suhakam is not yet another armchair critic. Do something.

From Malaysiakini

Memo: Why he's unfit to continue as EC chief
Dec 11, 07 3:00pm

The Coalition for Clean and Fair Elections (Bersih) urges Parliament to reject the proposed amendment which will effect the extension of the EC chief’s tenure by 18 months. Below is the full memorandum.

[Bersih] urges the Parliament of Malaysia, which consists of His Majesty the Yang diPertuan Agong, Dewan Rakyat and Dewan Negara to reject the proposed bill to amend Article 114 of the Federal Constitution, which will effect in Tan Sri Abdul Rashid Abdul Rahman's extension as the Election Commission (EC) Chairperson up to one-and-a-half years.

Bersih stresses that Tan Sri Abdul Rashid, whose service is continuously marred with recurring electoral frauds and manipulations, is not fit for the job and must go immediately. All parliamentarians must therefore vote against this Constitutional Amendment Bill so obviously being rushed through to keep him the job is an insult to both the Constitution and Parliament.

1. In principle, Bersih has no objection to the extension of the retirement age from 65 to 66 years for all members of the EC. The removal of an EC is constitutionally stipulated to be done in the same manner as a Federal Court judge, whose retirement age has been increased from 65 to 66 years, such synchronisation is not objectionable.

2. The Constitutional Bill, if passed through both chambers of the Parliament and consented by HM the Yang diPertuan Agong by this December 31, will however become a back-door extension for Tan Sri Abdul Rashid whose birthday falls on the same day. In other words, Tan Sri Abdul Rashid has to retire if Article 114 of the Federal Constitution is not amended in time. On the other hand, if the amendment is passed, Tan Sri Abdul Rashid may stay on effectively till June 2009 with the conventional half-year extension after retirement. In other words, this will ensure that Tan Sri Abdul Rashid oversees the next elections.

3. The Constitutional Bill, hastily tabled for first reading in Dewan Rakyat on November 20, 2007 and scheduled for second reading on December 11, 2007, is therefore a "Save Rashid" Amendment. Such a "Save Rashid" Amendment, by reducing the Federal Constitution to a tool to serve the interests of one individual especially one unfit for the job, is an insult and assault to constitutional democracy.

4. Article 114(2) stipulates "the importance of securing an Election Commission which enjoys public confidence", which Tan Sri Abdul Rashid has clearly failed. Here is a non-exhaustive list of 10 failures and scandals in the electoral process under his service in and leadership of the EC:

4.1 The electoral rolls is contaminated with the names of the dead, non-citizens, multiple registrations and the under-aged, allowing election outcomes to be determined by phantoms rather than citizens. In 2001, Justice Datuk Muhammad Kamil Awang nullified the election result of Likas state constituency in Sabah on the grounds that the 1998 state electoral roll was illegal as phantom voters, including non-citizens, had cast their votes on polling day.

4.2 The government responded to the Likas verdict by changing the Election Act so that election outcome can no longer be challenged on the grounds of electoral roll validity. All EC wrongdoings are now protected. In a manner amounting to contempt of court, Tan Sri Abdul Rashid attacked Justice Datuk Muhammad Kamil Awang on Dec 4, 2007, alleging that the judge took it out on the government because he was 'frustrated with certain things'.

4.3 Voters are transferred from one constituency to another to secure victory for the ruling coalition. In October 2007, EC secretary Datuk Kamaruzaman Mohd Noor blamed some assistant registration officers for cases that happened before July 16, 2002. If found guilty under the Election Offences Act 1954, those officers shall be liable for imprisonment up to two years, fine up to RM 5,000 or both. However, no names have been disclosed and no police reports lodged.

EC_IpohTimur.gif4.4 Such transfer or implantation of voters continues to happen after 2002. The latest case is the increase of 8,463 voters within three months at Ipoh Timor constituency which the Parliamentary Opposition Leader Mr Lim Kit Siang won with a margin of 9,774 votes in 2004 [see chart].

4.5 The extent of irregularities and fraudulent registrations, seen particularly in the Ijok by-election on 28 April 2007, is shocking:

- Over 50 dead voters were still on the electoral roll and 12 of them, all of them Malays from the Jaya Setia polling district, rose up from their graves to cast their votes on polling day.

- Three Chinese voters at Pekan Ijok had their votes stolen by impostors, who had turned up earlier at the polling station.

- As many as 23 voters were registered without national identity cards.

- As many as 32 voters aged between 100 and 132 years old were still listed on the electoral rolls.

4.6 In the 2004 general elections, the use of three different versions of the electoral roll led to a breakdown and chaos in polling in at least 17 parliamentary constituencies in Selangor and three in Kuala Lumpur. EC then ordered an illegal extension of polling for two extra hours in some of these constituencies. No EC officers have been prosecuted or penalized for the chaos.

4.7 Also in the 2004 general elections, provisional results showed that 98% of the registered voters collected parliamentary ballots in Kuala Terengganu, but 10,254 ballots were not returned. Tan Sri Abdul Rashid offered an absurd explanation that KT voters had the hobby of collecting ballot papers. The final result published on the Gazette saw the reduction of turnout rate to 84% and the missing ballots to 240, with no explanation offered for this changes.

4.8 For years, elections have seen high number of missing ballots in many constituencies. Top on the list for four elections from 1990 and 2004 was the Lumut constituency, which saw the extent of unreturned ballots soaring from 2,763 in 1982 to 8,176 in 1999. Had these missing ballots found their ways to polling stations in other constituencies, they would have overturned outcomes in many marginal seats. Blaming it on the weakness of postal voting registration, Tan Sri Abdul Rashid has failed to end this phenomenon so damaging to the credibility of the EC and electoral process.

4.9 Mal-apportionment and gerrymandering of constituencies have gone from bad to worse with the 2002 constituency re-delineation exercise. In 2004, BN won an unprecedented 91% parliamentary majority with a mere 64% popular votes. This effectively means that one vote for BN was equivalent for 3 votes for DAP, 8 votes for PAS and 26 votes for Keadilan. Tan Sri Abdul Rashid has made a mockery of the "one person, one vote" principle.

4.10 Ultimately, Tan Sri Abdul Rashid is unfit to chair the EC for he lacks the most fundamental quality: the moral courage and the commitment to act independently, guided only by the Constitution and the best interest of Malaysia's democracy.

In 2003, he conceded that EC's ability to carry out its task independently has been hampered by the government. In November 2007, he indirectly admitted that the election date was set by the Prime Minister. On Dec 8, 2007, he inappropriately said that the ruling coalition is the only regime capable of running the country.

5. On the grounds that Tan Sri Abdul Rashid is unfit to chair EC and his retirement on this December 31 in the best interest of the nation, BERSIH urges all parliamentarians to vote against the Constitutional Amendment Bill.

TrackBack

TrackBack URL for this entry:
http://www.jeffooi.com/mt32/mt-tb.cgi/2195

Comments

Well... what do you expect when even the sentries to Parliament are corrupt?

I will never forget the day I got lost and accidentally drove up to the gates, only to be asked by the policeman at the gate for a bribe to get out of driving to a restricted area.

It's just sad.

Viceice, yeah yeah yeah, same to me when I accidentally drove into the Parliament, thought I can make a U-Turn. The guard was not happy and asking for money! I was not giving him. I argued with him and for quite a while, only then he let me make the turn.

JEFF OOI says: When was this? I can lodge a complaint if it was just recently, and we may do snook on them for evidence.

Same story.
It happened to me a few years back when I took two visitors from Philippine to tour Lake Gardens. Accidently I drove up to the Parliament road. The police guarding the entrance said it is a restricted area and asked for our IDs. Since my friends could not produce their travel documents, the polis threatened to detain them. Finally we were freed after their palms were greased.
How "malu"!

I, too, had the unfortunate experience of driving towards Parliment by accident, a couple of years ago. At the gate of Parliment, the guards requested to look at my driving license, IC, including the ICs of the rest of the occupants in the car.

Then, the guards asked for "duit kopi". I appealed to him, after which he inspect my car registration no., which indicated it's an oustation car, only then he allowed me to make the U-turn.

The wierd part of it all, the road leading towards Parliment, which is a straight road, has NO signboard stating "NO ENTRY for Ordinary cars/citizens" or whatsoever!

Anyway, it's just SAD that BN has bulldose through with the Bill amendment to extend the retirement age of the EC to 66, obviously for BN's selfish agenda, just because they can. We can only hope for divine intervention in this hopeless situation.

JEFF OOI saysL: I reckon my blog entry has wasted on ALL four commenters above. We talked of the larger issue if people sacrificing their freedom, getting arrested for electoral reforms, you guys pontificated on your burning several dollars, sucking to bribes -- if they ever really did happen. SHAME ON YOU LOUSY MALAYSIANS who failed to see the larger good beyond your navel button..

The parliament is no longer a sacred ground. not even for sacred cows.

Ali helped Fairy. Fairy gave him 1 wish... Ali said his wish is 100 more wishes....

What happen if Bush tell American he wanna veto law to allow him to serve max 2 terms -> 20 terms?

It is indeed a sad day for Malaysian Democracy as opposition political leaders can be arrested without any court orders or valid reasons (as seen from the video).

Perhaps we have a government that has been one term too many, in ruling this country. There is no clear separation of powers between the Judiciary, Executive and Legislative but rather grey areas surrounding the Judiciary and Legislative.

God Save Malaysia.

For all demos and the memos, all will NOT work if there is NO LEADER to spearhead this movement.

All these groups must work together to select a LEADER who will lead them like GANDHI to succeed. I recommend TOK GURU NIK AZIZ to lead this group.

Let the BN put Nik Aziz in jail!

I've gone to parliament many times and made that U-turn with NO PROBLEMS whatsoever.

It's good that BERSIH bring out this memorandum about why Tan Sri Abdul Rashid Abdul Rahman is unfit to continue to be EC chairman. It doesn't matter that whether BERSIH is able to hand over the memorandum to the MP in parliment or not but this at least bring the attention of the public on the wrong doing of the EC chairman and made the public understand that why BN won some of the seats in last election.

Even Tan Sri Abdul Rashid Abdul Rahman may continue to be the EC chairman but at least the public is well aware about the dirty tricks of the EC in particular of certain important constituencies especially those belongs to cabinet ministers (especially Samy Vellu's Sg Siput).

I would suggest BERSIH do not limit this to Klang Valley only. BERSIH should have a campaign to revealed these EC (Gov) tactics throughout Malaysia. Why not simultaneously handing this memorandum to all Sultans and head of states at the eve of new year 2008.

My Prayers To God:

I pray to thee, be it which ever form of religion and entity. Bless us your kindness. Give us yr strength, wisdom and integrity to stage the bigget upset in malaysian electorial system. Give us the courage to move pass beyond corruption and dirty laundry. Give blessing to all who is willing to stand up and be counted. Give hope and dignity to all who are willing face injustice. Give insight to all oppositions for a united vision and goals. Show us yr compasion. Grant us mercy and relieve from this sadness, injustice and cruelty to freedom. Make Opposition come alive and well to lead the country to biggest and greatest WINS of all WINS.

I pray to thee, my god the almighty powerful.

I fear that PM will say Bersih's memorandum about EC is a "lie, plain lie", without even looking at it. Already he said we have given to people what they want. Or he get Nazri to fence off and speak on behalf of PM again.

Ai, after a while, we seemed learned about government tactics and even can make up what they might say!

I have not much comments of my own to add, but a quote:

"We find our population suffering from old inequalities, little changed by vast sporadic remedies. In spite of our efforts and in spite of our talk, we have not weeded out the over privileged and we have not effectively lifted up the underprivileged. Both of these manifestations of injustice have retarded happiness." Franklin D. Roosevelt

ok. nuff said.

Sorry lah Jeff, didn't mean to hijack your post.... My point is that Parliament is hardly the symbol of democracy, no longer the "Peoples' house" it once was any more and the events as you report here very resoundly drive the point home.

Besides, I never paid the bribe. My beef is the same as yours, the sacrilege on Parliament grounds.

Keep up the good work.

PM Abdullah is not joking but not serious about the use ISA. If we want reassurance, the former Deputy PM Tun Musa Hitam in the N Sunday Times Interview said: “This is Abdullah’s time, he’s more liberal, more open. People ask him to impose the ISA, he said it could be used but under specific circumstances. It’s so comforting when he says it; as against the old days”

And on street demos developing into violence, we have been brainwashed & conditioned by the Government to always think that way; his reply - “No, it has always caused violence, it is sure to cause violence.” So the people think demonstrations are violent.

His ridicule of –“but where is there a budaya (culture) of violence anywhere in the world?”
His experience as advisor with Maldives Government on demos - “Mr President, why don’t you try this: allow them to demonstrate, but keep the police away. Put them on standby alert. If possible, don’t let them be seen.” He was a little hesitant but I said: “Why don’t you try?”
He further added:

“The right to peaceful assembly is enshrined in our democratic institution” The past bad experiences (May 13, Memali or Baling) be “used as a basis in handling demonstrations, but it need not be used as excuses not to allow people to express their views”
& inter alia the Arrest of the 29 outside Parliament house

The De facto Law Minister standard reply is ““It does not matter whether you are pro-government or anti-government, the rule of law applies”

And the IGP has also declared “All Police actions are governed by the laws of the Country”
But laws can be applied and enforced selectively – like the wearing of crash helmets is not enforced in the rural areas.

The former Deputy PM Tun Misa Hitam said laws must be adaptable, for more details of his ideas on Street demos and assembly
Go H E R E

"But laws can be applied and enforced selectively"

Sure, like hauling Jeff Ooi to Bukit Aman prompted by a police report but not hauling Badawi to Bukit Aman for another police report made against him on account of two hundred ringgit paid to each delegate against Mahathir.

And would the same PM like to confirm whether or not 'Someone' had 'warned' him of the constitutional power of the monarchy over his post?

And this for Lim Teck Ghee - the reports from the banks to EPU said many of the nominee shares are indeed held by malays.

Those megabuck screwdrivers are still handy even till today.

Rakyat, s-a-a-a (screwed again and again).

i'm almost finished with my own country.

And what is parliament all about if not to represent the people? And how can people be represented if they are not allowed to present their memorandum to Parliament? And why disbar them from doing so on the technicality of a court order? And why issue the court order if they have not committed any offense?

By nabbing them in and around the grounds of parliament house, this UMNO government has clearly shown that it does not believe in democracy-based representation.

If not for the rain these days, the founding fathers of this country would have risen from their graves seeing what those jokers have done to the country today.

i better go/

INTERNET does not operate in a legal vacuum.
Read this before you post a comment in this blog!

Post a comment

(If you haven't left a comment here before, you may need to be approved by the site owner before your comment will appear. Until then, it won't appear on the entry. Thanks for waiting.)