Proham Monitoring Team at Bersih 4.0

Ten out of the 15 Proham volunteers who will monitor Bersih 4.0 

As earlier announced a team of 15 Proham volunteers will be part of the Proham team monitoring Bersih 4.0. The team of volunteers is led by Datuk Dr Denison Jayasooria (Proham Secretary General).

Other key individuals in the Proham team are Dato Siva Subramanium and Datuk Saifuddin Abdullah.

Proham hopes to be an independent voice alongside the Bar Council and SUHAKAM who have also announced their monitoring teams who will be on the ground. We hope to play our role to enhance human rights and democratic freedoms in Malaysia

Happy Merdeka and Malaysia Day 2015

The future of our nation is in our hands

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Denison Jayasooria

Malaysia KINI Published Aug 27, 2015 12:00pm 
Updated Aug 27, 2015 4:44pm

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COMMENT Last night I attended an interesting panel discussion on people’s protest or Parliament as the vehicle for democratic changes in Malaysia.

Malaysiakini hosted this panel discussion at their premises, which was also live streamed through their web. The impressive panel of A Kadir Jasin, Saifuddin Abdullah, Gan Ping Sieu and Maria Chin Abdullah made no apologies for their views.

Each of the speakers answered the question: Is democratic change possible through street demonstrations or via Parliament?

All of them said that both vehicles and strategies are necessary and they complement each other, rather than it be seen from an exclusive position, or either or.

All recognised that we are now in a serious political and economic crisis and are in danger of becoming a failed state due to abuse of power and poor handling of both the politics and the economy.

One point that struck home was that the panel was convinced that Prime Minister Najib Abdul Razak must step down from his position.

They also recognised that this was not by the overthrow of the government but through a democratic process of expressing dissatisfaction with the current political leadership. If leadership change does not take place now, then the current government is in danger of losing the next general election.

The panel expressed their views that peaceful assemblies are rightful expression of the ordinary people, sending a message to the political leaders that they are unhappy with their leadership, especially in the handling of the 1MDB matter and the way the investigations have been undertaken.

They all recognised that these issues have now resulted in the wider political and economic crisis, which has caused the people of Malaysia to lose not just their confidence in the leadership but also trust in their ability to handle the affairs of the nation.

Saifuddin spoke of the process of how political leaders are “membodokan kita” (making us stupid) through their reasonings.

‘People must rise to show their displeasure’

On the Bersih rally, Gan called it as the people’s referendum. Saifuddin called it the event that will determine the moral compass of the nation, namely the people reclaiming the moral ground.

For Maria Chin, the other channels have failed to stop the abuse of power and therefore the people must rise to show their displeasure. There must be the collective voice of the people for change.

For Kadir, he does not see Najib stepping down as a result of the Bersih street protest, or that the opposition will be able to secure a majority in a no-confidence motion against the prime minister in Parliament.

Nonetheless, he believes the Bersih rally will send a message to the leadership, especially the 222 MPs, that they will have to face them in the next general election.

There was a question from the floor on why street protests and why Dataran Merdeka?

Maria (photo) gave a good reply that this location was a historical one and the rally must be seen not negatively but as the people’s expression of their patriotism for the nation on Merdeka day.

Another question to Kadir about institutional failure and the weakening of the democratic institutions, which took place since Dr Mahathir Mohamad’s era, drew an honest and humbling response that Mahathir too was guilty and that he was now seeking forgiveness for past sins.

Kadir also noted that he was pessimistic but that many others were more optimistic, especially the younger people.

All the panel speakers called for a great appreciation of the multicultural nature of our society and called for a shift from race-based politics to common concerns in building a better Malaysia.

This political discussion made me reflect on three key essential aspects.

The first is that the democratic institutions must be strengthened. In this context the constitutional provisions for separation of powers, namely the executive, legislature and judiciary.

Check and balance has to be strengthened

The independence, including check and balance must be strengthened. There must be a clear understanding of democracy and democratic rights and responsibilities. There must not be state capture of the other institutions by the executive.

The discussions called senior people to voice their concerns, especially retired politicians, civil servants and private sector and community leaders.

The current political party process, especially that within the ruling coalition, is unable to bring changes towards building greater trust or confidence due to money politics and abuses of power. The audience was told that we all have become victims of power and money, including greed.

The second aspect is reference to other democratic institutions as abuse of power is coming from the leaders and their disregard for the mechanisms of check-and-balance, such as the Malaysian Anti-Corruption Commission, Suhakam, Election Commission and the Integrity Commission (EAIC).

These must be led and allowed to undertake their work without fear or favour, knowing that at the end we all have to face the Creator on Judgment day. A greater compliance with human rights based on universal standards and benchmarks is of utmost necessity.

The third is that the people cannot continue to remain silent and passive. It is within their powers as voters to demand change, either of the government or the way the government is managed.

It must be for the interest of the nation as a whole. Political leaders holding public office are accountable to the people. Ultimately they have to face the people and the reality of politics has changed in Malaysian society.

The 1MDB issues have now led to serious questions pertaining not just to good governance but on our democratic systems and institutions. The future is in our hands and therefore every Malaysian must take this seriously this Merdeka-Malaysia Day.

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DENISON JAYASOORIA is secretary-general of the Society for the Promotion of Human Rights, Malaysia (Proham).

Source: http://m.malaysiakini.com/news/310091

PROHAM to undertake a Monitoring watch during Bersih 4

PROHAM announces that its members and volunteers will play an independent monitoring role at Bersih 4. A monitoring team of 12 to 15 people will be on duty on Saturday and Sunday.

They will monitor the event using the human rights benchmark noting any abuses, excessive use of force and at the same time observe as best practices in policing and crowd management of peaceful assemblies.

PROHAM will release a monitoring report of our observations and findings with the objective of strengthening democratic freedoms based on the Federal Constitution and the Universal Declaration of Human Rights  (UDHR).

The nation and world at large will be watching this event which also coincides with national celebrations of Merdeka and Malaysia Day. Exercising the right of public assembly after 58 of independence from colonial rule is a test of our democratic freedoms in post-colonial Malaysia. Authorities and officials must recognise the rights of citizens which our founding fathers secured on Merdeka day.

PROHAM calls on officials from the Ministry of Home Affairs and the Royal Police to adhere to human rights principles and facilitate the peaceful assembly on Saturday and Sunday.

Issued on behalf of Proham by Datuk Dr Denison Jayasooria (Proham Secretary General)

August 27, 2015

Malaysia must respect the rights guaranteed under the UDHR

Proham is dismayed by the statement of the Honorable Prime Minister that the Universal Declaration of Human Rights is not applicable in Malaysia as some provisions are against Islam.

Proham wishes to highlight that the Organization of Islamic Countries of which Malaysia is a member had similarly adopted the Cairo Declaration on Human Rights in Islam.

Cairo Declaration on Human Rights in Islam guarantees similar rights under the Universal Declaration of Human Rights.

Article 1(a) of the Cairo Declaration on Human Rights provides as follows:

"All human beings form one family whose members are united by submission to God and descent from Adam. All men are equal in terms of basic human dignity and basic obligations and responsibilities without any discrimination on the ground of race, color, language, sex, religious belief, political affiliation, social status or other considerations. True faith is the guarantee for enhancing such dignity along the path to human perfection."

Hence, very similar to the provisions of the Universal Declarations of Human Rights.

In view of the above, it is not right to say that the Universal Declaration of Human Rights is not applicable to Malaysia.

Proham likes to reiterate that Malaysia is a member of the United Nations Security Council and is signatory to the various Human Rights Conventions. Hence, Malaysia must respect the rights guaranteed under the Universal Declaration of Human Rights.

Issued on behalf of Proham by Datuk Kuthubul Zaman (Proham Chairman)

August 20, 2015

Migration and Human Rights

By Dr Lin Mui Kiang (Proham Hon member)

The 8th Regional Consultation on ASEAN and Human Rights was held in Kuala Lumpur from 17-18 August 2015. Its specific focus is on Migration and Human Rights as it has become one of the cross-cutting issue in the ASEAN Blueprint covering the Political Security, Economic, and Social Cultural pillars.

 

ASEAN has established the ASEAN Forum on Migrant Labour as the avenue for dialogue among the stakeholders on the issue on migrant workers. in 2005, ASEAN established the ASEAN Committee on Migrant Workers (ACMW) which is tasked to draft an instrument for the protection of migrant workers. Unfortunately, negotiations among the ASEAN member states have been slow and the instrument is yet to be finalized.

 

The ASEAN Intergovernmental Commission on Human Rights (AICHR) has included a thematic study on migration and human rights as one of its activites in its 5-year work plan (2010-2014) but the study has yet to materialize.

 

Recognizing the existing challenges in ensuring the protection of human rights and of the people in migration, the 8th Regional Consultation is held to:

• Identify, map and scope the human rights issues being faced by the migrants in the ASEAN region, particularly in the context of the launch of the ASEAN Community in 2015;

• Provide a platform for human rights dialogue, solidarity and coordination on action for the promotion and protection of the human rights of mogrants, among civil society, NHRIs, and other relevant stakeholders in the ASEAN region; and

• Provide a platform for dialogue between CSOs and the existing human rights mechanisms of ASEAN, particularly the AICHR and the ACWC.

 

The Consultation has promulgated a list of recommendations and action plan to be executed by its respective members in an effort to expedite the implementation of ASEAN's commitments, in particular by ACMW and AICHR.

The culture of integrity

By ANWAR FAZAL

Ensuring integrity and fighting corruption has been among the greatest challenges of all times to humanity. Religions have addressed the issues as have governments of all shapes, sizes and structures.

Sadly, it continues to be an unremitting scourge globally. It is a deep malaise that, like a malignant cancer, continues to grow, destroy, while sometimes appearing in unexpected and even in quasi-legal ways with the complicity of the very institutions established for ensuring justice and good governance.

Malaysia’s journey in meeting these challenges continues to be a struggle. One of the most significant publications in this field was done in Malaysia appearing first as ‘The Sociology of Corruption’ in 1968, and subsequently and extensively updated.This globally classic intellectual work on corruption was published in Malaysia by one of its outstanding public intellectuals, Dr Syed Hussein Alatas.

The 1991 edition was entitled ‘Corruption: its nature, causes and functions’. The book was reprinted in 2005 and the distinguished Malaysian prince who launched it warned us that “Corruption may become an industry”.

The late Professor Syed Hussein Alatas’ book has one of the best description of the scourge of corruption. His nine point characteristics of corruption have not been better stated:

a. A betrayal of trust.
b. Deception of a public body, private institution or society at large.
c. Subordination of common interests by specific interests.
d. Secrecy of execution except in situations which allow powerful individuals or those under their protection to dispense with it.
e. Involvement of more than one person or party.
f. The presence of mutual obligations and benefits, in pecuniary or other forms.
g. The focusing of action on those who want definite decisions and those who can influence them.
h. The attempt to camouflage the corrupt act by some form of lawful justification.
i. The expression of a contradictory dual function by those committing the act.

Deep reminders

The monumental struggle to address the scourge continues to be challenging and recent episodes have only been disturbing. We need to have faith and courage and the following enunciations from our spiritual traditions are deep reminders and should manifest our conscience:

The Law of Moses says “You must not distort justice, you must not show partiality and you must not accept bribes for a bribe blinds the eyes of the wise and subverts the cause of those who are in the right”.

The law of Manu from the Hindu tradition says “Men who are appointed by the King to protect his subjects generally become hypocrites who take the property of others, and he must protect those subjects from them”.

Buddha states “Unjust officials are the thieves of people’s happiness, they defraud both ruler and people and are the cause of the nations troubles”.

Islam - the Quran reminds us “(do not) give bribery to the rulers” and the Prophet Muhammad (SAW) elaborated "Allah curses the giver of bribes and the receiver of bribes and the person who paves the way for both parties”.

Christianity - John the Baptist reminded his followers “Do not extort money from anyone”.

As for those who think no one will ever know of their illegal or unethical acts, I would welcome them to visit the ‘Four Knows Hall’ of the Yeoh Kongsi in George Town, Penang. There is a deep saying there that reminds us of our conscience:

“Don’t say nobody knows.
The Heavens know,
The Earth knows,
You know and I know.”

History has taught us one thing and that one thing above all has made a difference - leadership that means ‘political will’ at the top and ‘popular will’ from the bottom. It is leadership at all levels - people who are prepared to stand up against injustice and dishonesty at the community level, in government and corporate board rooms.

We need that more than ever now!

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ANWAR FAZAL was a co-founder of Transparency International-Malaysia and a recipient of the Right Livelihood Award popularly known as the ‘Alternative Nobel Prize’.

Source: http://www.malaysiakini.com/letters/308676

PEACEFUL MARCH FOR TRUTH & INTEGRITY IN NATIONAL GOVERNANCE

Peaceful demonstrations are a legitimate expression of citizens in democratic societies. While authorities and governments in some places impose restrictions however on the core foundations of human rights and constitutional rights ordinary people have the fundamental liberty to walk for a cause that they believe in.

Outstanding examples at the global level are the peaceful march by Gandhi in India and while they were peaceful the British colonial power often detained them and in some cases they were beaten and even killed during the Indian independence struggle.

In a similar way Martin Luther King organised peaceful demonstrations, organised prayers and singing during marches in his fight against racism in the United States. 

More recently at least 3.7 million people, including world leaders, marched in anti-terrorism rallies in Paris and elsewhere in France.

PROHAM therefore reaffirms the right of Malaysians to march for truth and integrity as in the case of Bersih 4. It is an opportunity for Malaysians to send a strong message to the national leaders especially the Cabinet and the ruling coalition that they have tremendous concerns with the state of affairs pertaining to the 1MDB investigations and that affected parties must take responsibility for their actions.

The peaceful march will also tell Malaysia authorities that there is a need for greater respect for the various institutions such as Parliament PAC, MACC, SUHAKAM so as to ensure their independence from the executive arm.

PROHAM calls on the Royal Malaysian Police to play its role in ensuring that these rights are not denied especially the right to peaceful marches and that PDRM should play a supporting role to protect the marches from any violence or harm as well as traffic control.

PROHAM indicates that it will play a monitoring role during Bersih 4 on August 29 and 30 by being on the ground as independent human rights monitors so as to document the  event and cite both compliance and denial of this right of expression through peaceful assembly.

PROHAM calls on the political leaders in the ruling party to adhere to human rights principles and values as reflected in the Universal Declaration of Human Rights (UDHR) as Malaysia has adopted this declaration as its framework when Malaysia formulated the SUHAKAM Act.

Issued on behalf of Proham by:- 
Datuk Kuthubul Zaman (Chairman), Tan Sri Ramon Navaratnam (Proham member), Datuk Mahadev Shankar (Proham Hon member), Mr Muhammad Sha'ani b. Abdullah (Proham Asst Secretary), Ms Ivy Josiah (Exco member) and Datuk Dr Denison Jayasooria (Secretary-General)

August 12, 2015

Greater transparency needed on 1MDB – Malaysian academics and public intellectuals

We, the undersigned, note with grave concern the allegations of financial abuse and corruption against 1Malaysia Development Berhad (1MDB). We note that these allegations are directed at various forms of wrongdoing and have been raised by multiple sources, some of which have made public numerous documents to substantiate their claims.

We also note with increasing alarm that various individuals entrusted with the responsibility to investigate these allegations of wrongdoing, in particular the officials at the Malaysian Anti-Corruption Commission (MACC), have now become the targets of harassment and a probable witch hunt.

Other incidents of significant concern include the sudden replacement of the attorney-general, only a few months before he was supposed to retire, and the abrupt dismissal of the deputy prime minister. The ensuing reshuffling of the Cabinet has led to the paralysis of the Public Accounts Committee investigating 1MDB, further damaging the credibility of the multi-pronged investigation authorised by the prime minister.

Apart from these criminal allegations, we also note with alarm how 1MDB is currently burdened with a huge debt. Finance Minister II Datuk Seri Ahmad Husni Hanadzlah has estimated the amount of annual loan interests serviced by 1MDB as between RM2.4 billion and RM2.7 billion. This means that its daily interest repayment amounts to millions of ringgit.

The government owes the people a clear explanation as to how a state-owned company which uses public funds has come to incur such an astronomical debt which continues to drain the wealth of our nation.

The government must investigate and reveal those responsible for such gross mismanagement. The issuance of a mere statement thus far, based on the auditor-general’s report that there has been no wrongdoing, is clearly unsatisfactory from the point of view of transparency and accountability.

It is equally a matter of public concern that even though a denial of any wrongdoing has been issued by the prime minister, it has been officially revealed that there was a deposit of nearly US$700 million (RM2.6 billion) into his personal account and he, somehow, does not see the need to justify or provide further details about this massive amount.

We wish to state that short of coming clean about the problems with which 1MDB is saddled, no amount of counter-allegations of conspiracy to oust the prime minister from his office will be able to clear the air and the names of those involved.

We urge:

1. the prime minister to go on temporary leave pending the investigation by the various agencies to ensure the credibility and integrity of these investigations;

2. the government and law enforcement agencies to exercise restraint and discernment and desist from carrying out repressive actions which could be construed as attempts at obstructing investigations and muzzling freedom of the press;

3. the government to make public all interim or preliminary reports produced by various agencies investigating 1MDB;

4. all persons exercising functions of public office and involved in the investigation to do so with impartiality and integrity.

We strongly urge the relevant authorities not to ignore the wide-ranging international and domestic implications and consequences – both in the short and long term – of a failure to address the serious allegations of corruption that arise from this series of events. 

We believe the aggressive police interference with the work of MACC, ostensibly to investigate an alleged conspiracy to overthrow the government will have a huge negative impact on Malaysia's international anti-corruption reputation, and affect bilateral and multi-lateral foreign relationships in trans-border anti-crime cooperation efforts. 

The total disregard for openness and transparency may deter and dissuade further foreign direct investment in Malaysia, and any resultant capital flight will seriously jeopardise the international financial rating and reputation of Malaysia. The government must be advised, and act, accordingly. 

1. Professor emeritus Datuk Abdul Rahman Embong, academic

2. Adrian Pereira, social justice activist

3. Agatha Foo Tet Sin, retired lawyer

4. Dr Ahmad Farouk Musa, academic

5. Ahmad Fuad Rahmat, academic

6. Dr Alicia Izharuddin, academic

7. Associate professor Andrew Aeria, academic

8. Dr Andrew Filmer, academic

9. Andrew Khoo Chin Hock, public intellectual

10. Angeline Loh, writer

11. Dr Ang Sze Wei, academic

12. Anil Netto, social activist

13. Rev Dr Anthony Loke, academic

14. Associate professor Dr Azmi Sharom, academic

15. Dr Aznijar bin Ahmad Yazid, academic

16. Dr Carol Yong, independent researcher/consultant

17. Dr Cecilia Ng, retired academic

18. Professor Chan Chee Khoon, academic

19. Chan Yen Lian, concerned citizen

20. Dr Charis Quay Huei Lin, academic

21. Dr Chee Heng Leng, academic

22. Dr Christopher Chong, academic

23. Christopher Choong, development economist

24. Dr Clarissa Lee, postdoctoral researcher

25. Dr David Tan, postdoctoral associate

26. Datuk Dr Denison Jayasooria, public intellectual

27. Dr Diana Wong, retired academic

28. Dr Faisal Hazis, academic

29. Fauwaz Abdul Aziz, PhD student

30. Dr Francis Loh, political scientist

31. Goh Chun Fan, PhD candidate

32. Dr Gregore Pio Lopez, academic

33. Associate professor Helen Ting, academic

34. Henry Loh Kee Wey, retired banker

35. Dr Hew Wai Weng, academic

36. Hwa Shi-Hsia, PhD candidate

37. Professor James Chin, academic

38. Associate professor Joanne Lim, academic

39. Joel Gurprit Singh, academic

40. Dr Johan Saravanamuttu, independent scholar

41. Professor Khoo Boo Teik, academic

42. Associate professor Khoo Gaik Cheng, academic

43. Kuan Chee Wah, academic

44. Dr Lee Hwok Aun, academic

45. Dr Lee Wai Leng, academic

46. Dr Leong Kar Yen, academic

47. Dr Lim Mah Hui, city councillor

48. Professor Living Lee, academic

49. Dr Mahyuddin Ahmad, academic

50. Maimuna Merican, academic

51. Professor Maude Phipps, academic

52. Dr Mohd Faizal Musa, academic

53. Professor Mohd Nazari Ismail, academic

54. Dr Mohan Ambikaipaker, academic

55. Muhammad Taufik bin Mohd Yusof, MSc candidate

56. Dr Mustafa K Anuar, researcher

57. Dr Ngu Sheau Shi, academic

58. Professor Datuk Omar Shawkataly, academic

59. Dr Patricia Martinez, independent scholar

60. Dr Paul J. Lim, retired professor

61. Associate professor Phua Kai Lit, academic

62. Dr Por Heong Hong, academic

63. Dr Prema Devaraj, social activist

64. Dr Regina Lim, researcher

65. Ruhana binti Padzi, academic

66. Sarajun Hoda, social activist

67. Professor emeritus Shaharir bin Mohamad Zain, retired academic

68. Associate professor Sharmani Patricia Gabriel, academic

69. Rev Dr Sivin Kit, academic

70. Associate professor Subramaniam Pillay, academic

71. Associate professor Sumit Mandal, academic

72. Syerleena Abdul Rashid, councillor

73. Dr Tan Beng Hui, academic

74. Tan Pek Leng, researcher

75. Professor Terence Gomez, academic

76. Th'ng Bee Fu, academic

77. Associate professor Uma Devi Palanisamy, academic

78. Professor Wan Manan Wan Muda, academic

79. Dr Wan Puspa Melati, academic

80. Wang Lay Kim, academic

81. Dr Wong Chin Huat, political scientist

82. Dr Wong Kock Hoo, academic

83. Dr Wong Kok Keong, academic

84. Yalini Easvaralingam, PhD student

85. Dr Yeoh Seng Guan, academic

86. Professor Zaharom Nain, academic

87. Professor Sheila Nair, academic. 

Published: 10 August 2015 7:19 AM

Calling on the authorities to uphold the aspirations of all Malaysians — Human Rights Commission of Malaysia

AUG 9 — The Human Rights Commission of Malaysia is deeply concerned about the recent series of events in the country against the Malaysian Anti-Corruption Commission (MACC), the Attorney General’s Chambers, Bank Negara Malaysia as well as media organisations, among others.

These have included raids, confiscation of investigative materials, the detention, interrogation, dismissal, and/or the transfer of persons who are directly involved in the on-going investigations surrounding the 1Malaysia Development Berhad controversy.

The Commission is concerned that such actions by the authorities are increasingly being viewed both domestically and abroad as a vexatious attempt to intimidate and deliberately interfere in the administration of justice in Malaysia.

Furthermore, the steps taken by the Royal Malaysia Police (PDRM) appear to be perverting the course of justice so as to hamper, hinder, and obstruct the pending investigations.

 The Commission therefore urges the PDRM as a public institution to respect the constitutional rights of all Malaysians and to defend the rule of law in an honourable manner while discharging its public functions.

This includes allowing the MACC and other authorities to independently investigate, ascertain and determine the outcome of their investigations without obstruction or undue influence.

The Commission emphasizes that in the interest of an effective delivery of policing services, the PDRM must be free from any form of political interference and adheres to the rule of law in the same way that it applies to every other citizen.

In addition, all police action must respect the principles of legality, necessity, non-discrimination and proportionality, as well as humanity.

The Commission expresses the hope that all public institutions in the country will conduct their affairs in such a manner so as to guarantee the realization of human rights and to be free of abuse and corruption, and with due regard for the rule of law.

Dr Khaw Lake Tee

Acting chairman

The Human Rights Commission of Malaysia (August 9, 2015)

- See more at: http://www.themalaymailonline.com/what-you-think/article/calling-on-the-authorities-to-uphold-the-aspirations-of-all-malaysians-huma#sthash.DegXFeJq.dpuf

Proham's position on the raids on MACC

Proham reaffirms that parliamentary democracy is a tradition which provides for adequate checks and balances on the executive based on the principle of separation of powers.

In this context the integrity and independence of institutions such as the Public Accounts Committee of Parliament, the MACC, Election Commission and SUHAKAM as independent institutions is critical as a form of checking any abuse of power or on human rights violations by the executive or any one in public office in the interest of the nation as a whole.

 Recent developments in Malaysia has crippled the PAC, the raids on MACC and the Public prosecutor's office including the arrests and  confiscation of investigation materials could compromise the investigations on the 1MDB.

Proham reiterates its call for the Cabinet to ensure transparency and independence of these investigations. Police must stop their raids on MACC in their efforts to search for whistle-blowers.

The priority at this critical moment is to investigate the IMDB as well as the involvement of the Prime Minister in this so as to ensure the integrity of the office of the Prime Minister.

Any actions by authorities especially the Police could be construed as undermining the  independence and transparency of the  principle investigation. Such acts are  detrimental to parliamentary democracy in Malaysia

At this critical hour, Proham calls on all Parliamentarians especially those in the ruling coalition who are custodians of our parliamentary democracy, to uphold the Principle of Separation of Powers, to reflect seriously on the recent developments and take appropriate responses to enhance the parliamentary democratic system in Malaysia.

Issued on behalf of Proham by Datuk Kuthubul Zaman (Chairman) & Datuk Dr Denison Jayasooria (Secretary General)

August 6,2015

Bersih 4: It’s Not About Regime Change

Since Bersih 4 was announced on the 29th of July. 2015 with the call for PM Najib Razak’s resignation over the 1MDB mega-scandal, some commentators and Facebookers have misunderstood the call as a call to overthrow Najib’s administration à la Arab Spring-style with phrases like regime change, Occupy, overthrow of a democratically elected government, etc, being used.

In their minds they see images of hundreds of thousands of protesters converging on our Dataran Merdeka with their tents and sleeping bags, ready to occupy until Najib resign and the BN government overthrown. They also see the regime sending in the riot police, tear gas and water cannons and eventually military tanks to crush the protest and leaving hundreds dead in their wake (our own Tiananmen?). To these detractors, such scenarios are absolutely and rightfully so, abhorrent and unacceptable.

Ah but then, Bersih only called for a 34-hour protest and at 11.59pm on the eve of Merdeka Day on 30th August, the tents will be unpegged and the protesters told to go back to their normal life and enjoy their Merdeka Day holiday.

Another set of detractors then say, “What is the point then? If Bersih 4 cannot change the government, why bother to protest? And there is no way Najib will resign just because we protested.”

Both sets of view are fair if it had been Bersih’s declared aim to bring down Najib on the weekend of 29th and 30th August and institute a regime change.

EXERCISING OUR RIGHTS

But alas Bersih is not expecting Najib to heed our call on or before 29th & 30th August or even after, though if it does happen it would be welcomed by many Malaysians who are concern with the path he is leading this country down to.

If it is not regime change we are expecting with the Bersih 4 rally, then why should we come out in massive numbers? The answer is because we are a democracy and we are exercising our rights as enshrined under Article 10 of our Federal Constitution to have the freedom to speech, expression, assemble peacefully and to form associations. Don’t we have a right to even ask a Prime Minister who is also the Prime Suspect of the biggest embezzlement of public funds in our country to take a leave of absent while investigation is underway?

Instead of doing the honourable thing to ensure integrity in the investigation of 1MDB, Najib, without notice, removed the Attorney-General who was leading the IMDB Taskforce. He also sacked ministers in his Cabinet who questioned his handling of 1MDB, including the Deputy PM and “promoted” four members of the Public Accounts Committee (PAC) who were investigating IMDB to the Executive, effectively halting their investigation. There is little hope that the truth will be uncovered regarding 1MDB now. In recent days, the Police have even arrested key members the Malaysian Anti-Corruption Commission (MACC) on the 1MDB Taskforce on suspicion of leaking information.

SENDING A MESSAGE

Protest is a legitimate means for any citizens to express their dissatisfaction with any issues or anyone, even the Prime Minister. It is a given that in most country that claims to be a democracy, citizens are likely to be calling for the resignation of their Prime Ministers or Presidents almost everyday. It doesn’t mean the leader will listen to the protesters but it does send a message to him or her. And this is what we want to do, to send a message, loud and clear, that Najib has failed in his duty as Prime Minister and Finance Minister and he has to resign.

The question of who would or should take over as PM from Najib is not for Bersih to demand other than to say that this person must command the support of the majority of Parliamentarians in the Dewan Rakyat. Whether it is the Deputy PM or Deputy President of UMNO or another more acceptable candidate to all parties is not up to Bersih to decide or demand as Bersih is non-partisan when it comes to party politics.

Bersih believes that there are many Malaysians who over the years and recent months who have followed the exposé of 1MDB closely, are in total dismay and disgust with the allegations and the way the PM avoided coming clean with it. We believe he has to go to stem the descend of our country into a political, social and economic abyss that we may never recover from.

Legitimate regime change is reserved for another day at the ballot box at the 14th General Election but for now we just want to assemble peacefully to make our dissent known on the 29th and 30th of August.

“If I were to remain silent, I’d be guilty of complicity.” – Albert Einstein

Source: https://thomasfann.wordpress.com/2015/07/31/bersih-4-its-not-about-regime-change/?fb_action_ids=644687029001418&fb_action_types=news.publishes

PROHAM reiterates its call for the establishment of a Royal Commission of Inquiry on 1MD

PROHAM expresses deep concern in the turn of events and revelations on the 1MDB inquiry process and the current confirmations of huge sum of funds in the personal account of the Prime Minister.

PROHAM is also concerned in the way authorities are responding to peaceful demonstrations which is negatively creating a climate of fear in speaking up for thrust and justice.

PROHAM reminds the authorities that Malaysia is a democratic society and we have made commitments to adhere to the Universal Declaration of Human Rights (UDHR).

This is a matter of great importance to the nation and therefore PROHAM reiterates its call for the establishment of a Royal Commission of inquiry on this matter.

PROHAM is of the opinion that there is much public confusion on the handling of the funds and related matters.

We firmly believe that only an independent and transparent inquiry process will be able to restore public confidence in this matter.

PROHAM is also of the opinion that the Public Account Committee with its present members should be allowed to proceed with their task as the Standing Order allows them to continue as there is sufficient quorum.

In order to restore public confidence both locally and internationally bipartisan consensus is required and therefor a Parliamentary level inquiry is of utmost importance.

PROHAM reminds all members of the Cabinet that in their public service ultimately they stand accountable before God, King, people and their own conscience to do the right thing at this hour of great public dismay on the handling of this matter.

Issued on behalf of PROHAM by:-

Datuk Kuthubul Zaman (Chairman) and Datuk Dr Denison Jayasooria (Secretary-General)

August 4, 2015