Must Watch - Internal Security Act !

Bindmans Law and Campaigning Award 2009

I was browsing through the Comment Is Free section of The Guardian when I stumbled across a name I recognised.

Why, I had sat only across the table from this man during one of the blogger gatherings at Blog House. I was quite impressed. I personally don't know all that many people who have had to deal with a death threat.


Malik Imtiaz Sarwar seems to take it all in his stride and for his efforts and courage, he has been awarded the Bindmans Law and Campaigning Award by Index on Censorship.

And apparently, that was the reason why he had his piece on The Guardian entitled The truth about Malaysia - it was in conjunction with the award. An excerpt:

Architects of autocracies would benefit tremendously from studying the Malaysian model. It stands as a shining example of how, given the right combination of greed, ambition, maladministration and contempt for the rule of law, any democracy can be recast into an autocracy while preserving the veneer of democratic process.

Imtiaz is a deep thinker and not all his blog entries are easy to follow but this article is a must-read, so go to the site and read it in its entirety.

Who Can Lead Us?

A frequent reader of CRANKSHAFT dropped by and left a comment in response to my post, Malaysia Is In Distress:

..I am at a loss as to how to get our country going again .. put an end to corruption and be governed by people with integrity who have the citizens' welfare at heart. Can anyone think of such a leader?

It is a pertinent question indeed, Fergie.

In the face of a glaring lack of leadership, we yearn for someone to fill in the space. In his own words, this guy says he wouldn’t mind having Hishammuddin Hussein as the Prime Minister.

I've probably agreed with him numerous times over his opinion of Abdullah Badawi - heck, I think half the country thinks he should vacate his seat as PM. In fact, I think it is a miracle of brown-wooly-mammoth-proportions that Abdullah is still in office.

But under no circumstances am I going to vote Hishammuddin Hussein into office. With his keris-waving stunts, he has certainly not endeared himself to me.

Even Malik Imtiaz Sarwar has taken to dark ruminations about statemanship and the lack of faith in any political candidate in Malaysia to run this country the way it should be run.

To steal his thunder, is there a statesman in the house?

Of course there is. In fact, there are many. Because of the many shortcomings of our leaders, we are fooled into thinking we are just as incompetent.

But if the truth be told, I think most of us are even better than some of our foreign counterparts from the USA, Australia and Europe. After having worked abroad, I personally find myself to be on par with my contemporaries.

And yet, compared to some of my Malaysian friends, I am in fact, a shrinking violet.

But most of these friends of mine have made plans or are making plans to move on to greener pastures. A place where we are accepted for who we are and the skills we bring.

Not what ethnic group we belong to, or which God we worship.

And the fact is, Malaysians are incredibly mobile, adaptable and versatile. We're practically in every corner of the planet.

We're in demand because of our skills all over the world - except for Malaysia, that is, where what is more important is who you know and rub shoulders with, and what colour your skin is.

So why doesn't a competent Malaysian stand up and take charge of bringing about change?

For starters, that's easier said than done. Most self-respecting Malaysians wouldn't want to be associated with politics. And why would they, when politics is more about rambling nincompoops with sole expertise in sodomy, corruption and brown-nosing than leading a nation?

Politics, all over the world, is dirty, but in Malaysia, it is the very depths of the cesspool.

That being said, I still think we have hope.

There are young potentials involved in politics like Hannah Yeoh, Nathaniel Tan and Nik Nazmi.

And for what it's worth, leaders aren't born, they're made. When young Malaysians start seeing people they'd want to emulate, only then will we start seeing talent within the political pool - and perhaps, world-class statesmen.

Until then, it's going to be a long way uphill.

Mohd Hishamudin Mohd Yunus

Now this is a man with honour and integrity.

The man who awarded an unprecedented RM2.5mil in damages to an ex-ISA detainee for having been unlawfully arrested and beaten up during detention.

I decided I wasn't completely qualified and knowledgeable to comment on Justice Hishamudin but Human Rights lawyer Malik Imtiaz Sarwar (whom I recently featured in conjunction with Article 11) has this to say about him:

I have the highest regard and the deepest admiration for this man of principle. I moved the Court for the order suspending the re-arrest Ghani Haroon and Gobalakrishnan.

Justice Hishamudin’s sense of fair play and justice came to the fore that day as he recognized that a re-arrest would be inhumane. It was a defining moment, and it shaped my understanding of how far the interests of justice could be advanced with a just man on the bench.

He embodies all the qualities that a Judge should have. His humility, patience and judicious temperament are well known at the Bar as is his willingness to learn from the lawyers appearing before him.

Which takes me to my point. With all these qualities and more, why is Justice Hishamudin still a High Court judge? He was elevated to the High Court bench in 1995. He has an excellent track record. Judges elevated after him have made it to the Federal Court, a court in which Justice Hishmudin should be sitting.

Perhaps it is these very qualities, cherished by the Bar, that has kept Justice Hishamudin in the High Court.

Read the whole post here, it is too good to miss. It especially points out why this ruling does NOT represent an independent judiciary.

What Is Article 11?

For once, I'll get straight to the point.

Article 11 is a group that conducted forums to discuss religious freedom named after the section of the Constitution clause that says Malaysians are free to choose their religion.

Religious freedom is definitely an area that requires much discussion, considering the condition of Malaysian racial and religious politics.

You'd expect this effort to be applauded, naturally.

But no.

In good old Malaysia, of course, they were disrupted on several occasions by Islamic protesters.

Not only that, the good PM, Badawi appeared to side with the Islamists when he ordered that forums organized around the country must stop.

Yeah well. I'm guessing his version of Islam Hadhari or "moderate Islam" is rather selective. They say you can tell much about a creed by its practices, in particular that of its leader.

By this measure, Islam Hadhari is a cruel hoax perpetrated by Abdullah Badawi on the citizens.

But back to Article 11.

According to wiki, Constitutional clause of Article 11 is that:

1) Every person has the right to profess and practice his religion and, subject to Clause (4), to propagate it.

2) No person shall be compelled to pay any tax the proceeds of which are specially allocated in whole or in part for the purposes of a religion other than his own.

3) Every religious group has the right -
(a) to manage its own religious affairs;
(b) to establish and maintain institutions for religious or charitable purposes; and
(c) to acquire and own property and hold and administer it in accordance with law.

4) State law and in respect of the Federal Territories of Kuala Lumpur and Labuan, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam.

5) This Article does not authorize any act contrary to any general law relating to public order, public health or morality.

We're obviously violating our own Constitution.

Take for instance the case of Moorthy Maniam, who allegedly converted to Islam before his death. For some bizarre reason, the Islamic Religious Council decided to claim him as "their own".

The judge told the widow and her family to go back and leave the body of their beloved to be buried by strangers.

A fight broke out at the hospital when about 50 people began to shout abusive language at Moorthy's family; the situation was brought under control by military police.

In fact, police presence was required even at the burial to ensure no further hostilities ensued.

Islam Hadhari? Article 11?

Heck, this freaked out the public (especially Non-Muslims), who were getting uneasy about forcibly being subject to syariah court jurisdiction.

But the government is not interested in listening to this man called Malik Imtiaz Sarwar, who founded the Article 11 group. Who initiated forums to improve understanding and promote discussion.


Malik Imtiaz Sarwar attained fame and notoriety for representing Lina Joy, a Malay who converted from Islam to Christianity and is being denied a place in this country simply for her uncommon beliefs.

Even the hallowed editors of The New York Times found this entire fiasco in an unknown little country called Malaysia worthy of newsprint.

Trust me, Malaysia as a country gained more fame then than our space fiasco did.

Of course, it could be the exclusive honour of being the recipient of a death threat.

With the heading “Wanted Dead,” the message featured a photograph of Malik Imtiaz and said: “This is the face of the traitorous lawyer to Islam who supports the Lina Joy apostasy case. Distribute to our friends so they can recognize this traitor. If you find him dead by the side of the road, do not help.”

And we're sending people to space?? Bloody hell. We live in the stone age! :(

But all is not lost; Malik Imtiaz has a blog called Disquiet. Excellent stuff in there - he is obviously a brilliant man.

So why this sudden fanaticism to bury people, convert their children, dogs and what-have-you?

Malik Imtiaz says that UMNO leaders feel compelled to emit fiery religious rhetoric to outflank PAS, an Islamist opposition party.

In other words, political preening for the benefit of Muslim voters.