Press statement by Dr. Lim Teck Ghee, Director, Centre for Policy Initiatives on Saiful’s Sodomy Allegation
The disclosure of an earlier medical report on Saiful’s allegations against Anwar has now been followed by a widely circulated – though not available in the mainstream mass media - copy of the report lodged at Hospital Pusrawi Sdn Bhd at 2.14 pm on 28 June 2008.This new report – and all the doubts and questions it raises – should not be concealed or kept out of public scrutiny by the mainstream media, the Government authorities or other interested parties for their own selfish interest.
Given the high political leadership stakes as well as enormous national and international interest in the new sodomy charge against the country’s most prominent opposition leader, Anwar Ibrahim – and indirectly against the newly formed opposition front, Pakatan Rakyat - it is imperative that all Malaysians – in their individual and organizational capacities – should raise their voices to show their concern for the full, transparent, and fair disclosure of all the facts and developments in the case, and to demand that swift justice should prevail.Further attempts at one sided or politically biased and manipulative handling of the case will cause the nation even more grievous damage than what has already been inflicted.
Dr. Lim Teck Ghee, Director, Centre for Policy Initiatives
Mr. Wong Chin Huat, Civil Society Parliamentary Initiative for Parliamentary Reform
This press statement is issued as the outcome of the “Road Map to Local Government Elections??? Conference jointly organized by the Malacca Bar Committee, Centre for Policy Initiatives and Civil Society Initiative for Parliamentary Reform (CSI-Parliament) on July 26 2008 in Malacca.
Participants at the one day conference adopted the following resolutions:
1. the restoration of local elections constitutes an important step forward in reviving democracy, improving the standard of governance, and checking the scourge of corruption, excesses and mismanagement presently plaguing the urban population in Malaysia;
2. the restoration of local elections lies clearly within the jurisdiction of the state government, as provided for by the Article 113(4) and Item 4, List II, Schedule 9 in the Federal Constitution. State governments, especially the Pakatan Rakyat ones which have made election promises on reviving local elections, should take immediate steps to formulate state laws to such effect;
3. the Federal Government should, at the same time, initiate consultations with the general public and hold negotiations with the state governments to formulate a comprehensive plan to have local elections that are clean, free, fair and representative.
Speakers at the conference included the following:
Professor Abdul Aziz BARI is lecturing at the Department of Public Law at the International Islamic University.
Tan Sri Dato’ Dr CHIN Fook Weng is a national speaker for Gerakan and a former senator and Associate Professor.
Mr Derek FERNANDES is a town planning lawyer and a member of the Petaling Jaya City Council.
Dr GOH Ban Lee is a retired USM Associate Professor interested in urban governance, housing and urban planning.
Mr Andrew KHOO is the Co-Deputy Chairperson of the Human Rights Committee, with interests running from parliamentary reform, electoral reform to Free Trade Agreements.
Mr Edward LEE is the state assemblyperson for Bukit Gasing and the President of Resident Association Section 5 Petaling Jaya.
Mr Ronnie LIU is the state assemblyman for Pandamaran, Selangor and the Selangor Government Exco member for Local Government, Study and Research Committee.
Mr Victor OORJITHAM is the Chairman of Maxwell Towers Resident Association (local joint action committee) and former local councilor for Petaling Jaya.
Mr Sivarasa RASIAH is the member of Parliament for Subang and the Vice President of Parti Keadilan Rakyat.
Centre for Independent Journalism (CIJ) Writer Alliance for Media Independence (WAMI) Benar for Free and Fair Media (Benar) National Bloggers Alliance (All-Blogs)
Joint Statement
June 1, 2008
Media Law Reform to Complete Decolonization
CIJ, WAMI, Benar and All-Blogs congratulate the 150 journalists, bloggers and members of the public who walked from Merdeka Square to National Press Club (NPC) and later from the NPC to the square this morning to make a point: the nation's decolonization is not complete until the media is free.
We call upon the federal government to heed the public's call for media law reform by setting up a parliamentary select committee for a comprehensive reform involving at least five legislations: the Printing Presses and Publications Act (PPPA), Sedition Act, Official Secrets Act (OSA), Internal Security Act (ISA) and Communications and Multimedia Act (CMA).
The select committee is a core demand in a five-month campaign beginning May 3rd and ending September 16th, which includes the walks for media freedom this morning. The demand was first made by 37 civil society groups in 2006.
Dato' Zaid Ibrahim, Minister in the Prime Minister's Department has unexpectedly demanded the journalist fraternity and civil society to prepare the Terms of Reference (TOR) for the select committee.
For all other select committees set up so far, on rape laws, national integration and integrity, the stakeholders have never been asked to prepare the TOR as this is the government's job.
We are pleasantly surprised by the generous invitation and will seek the collaboration of other parties like National UJ, NPC and Bar Council to prepare the TOR together.
We however do agree with the minister's call for the journalist fraternity, especially editors, to come together and not just blame the repressive laws for infringing media freedom. The call was made in his dialogue with journalists, bloggers and members of the public this morning between the walks.
We believe the mainstream media have the professional obligation to advance the cause of media law reform by facilitating public debates and discussions.
Notwithstanding this, the government must both recognize the public as a legitimate stakeholder and engage all stakeholders in media law reform.
We call upon all Malaysians to endorse our memorandum at http://benar.org/memo/ which demands for the abovementioned select committee, the shelving of PPPA before its abolition and the enactment of freedom of information laws at both federal and state levels.
CONFERENCE ON THE ROADMAP TO LOCAL GOVERNMENT ELECTIONS
The Malacca Bar Committee, Civil Society Initiative for Parliamentary Reform (CSI-Parliament) and Centre for Policy Initiatives (CPI) are jointly organizing a Conference on the Roadmap to Local Government Elections with the aim to create public awareness on the role and workings of local government in Malaysia’s democratic system. There would be a discourse on the social and political factors leading to the present status quo on local government elections and various suggestions on how best to take this important process forward.
Prominent speakers from the academic sector, political quarters and non-governmental organizations include Professor Abdul Aziz Bari, Tan Sri Dato’ Dr Chin Fook Weng, Mr Derek Fernandes, Dr Goh Ban Lee, Mr Andrew Khoo, Mr Edward Lee, Mr Ronnie Liu, Mr Victor Oorjitham and Mr Sivarasa Rasiah.
We would like to extend the opportunity to members of the public to participate in this conference on the 26th July, 2008 at Kings Hotel, Lebuh Ayer Keroh, Melaka at 8.30am to 4.30pm.
Kindly notify Mr. Chong Yen Long (CPI) – H/P 012-970-2285, Mr. Anthony Chua – H/P: 012-628 8779 (Human Rights Sub-Committee Chairman), Ms. Lau Yi Lin – H/P: 013-374 1115 or Mr. Lawrence Ang (Executive Secretary) – 06-284 5519 / 06-286 4514 of your desire to take part in this conference before 24th July, 2008. Registration is RM 20.00 per-person and is on a first come first served basis.
The Civil Society Initiative for Parliamentary Reform (CSI-Parliament) stresses that a loyal opposition is a legitimate and necessary part of any system of democracy, including our constitutional monarchy. We strongly criticise the threatened use of the Sedition Act 1948 and the leveling of accusations of treason against anyone who has a critical view of our political system, regardless of whether the person is a parliamentarian, a member of the royalty or an ordinary citizen, especially by those who would take offence for purely populist or politically-partisan purposes.
CSI-Parliament stresses that the democratic space for debate and deliberation on issues of national interest is now more important to protect as the country makes its ways through uncharted waters of deeper democratization and more extensive political plurality at the state government level.
The initial sacking of Perak Religious Department Director Datuk Jamry Sury by the Pakatan Rakyat state government, the subsequent order by HRH the Sultan of Perak to reinstate him, and the consequent criticism by Karpal Singh MP of HRH the Sultan of Perak’s order have resulted in different perspectives of the law and constitutional convention brought to public attention.
Let us not forget a similar situation faced by the Barisan Nasional in attempting to nominate its candidates for the post of Menteri Besar in Perlis and Terengganu. Political convention and processes in the latter cases - hitherto taken for granted - were then called into question by many, including Government and Barisan leaders. While at the end of the day there can only be one lawful position on the matter, there must be sufficient room for legitimate public discussion and deliberation of what exactly that position is.
In connection with the new controversy over various statements of Parliamentarian Karpal Singh, CSI-Parliament condemns political manoeuvres which are bent on manipulating a complex though legitimate difference of opinion on constitutional law and the position of the Malay Rulers into a so-called stand-off between the palace and the opposition. Just as dangerous is the attempt by some quarters to portray this incident as a potentially seditious and treasonous questioning of royal prerogatives, and consequently a perceived slighting of the position of one particular community.
CSI-Parliament is confident that wise counsel shall prevail and that the unacceptable attempt by certain parties to take advantage of this situation to promote ill-will and hostility between the races will fail miserably. It is these irresponsible parties who are the real threat to peace and stability in this country.
To ensure an inclusive process of democratization and the liberty to engage in healthy and open debate free from threats of sedition and accusations of treason, CSI-Parliament takes this opportunity to echo the longstanding call by the Bar Council and other civil society organizations to abolish the Sedition Act 1948. More pertinent legislation to bring genuine threats against the public order before the courts of our land is already available in our statute books.