Of Dr. Asri and the Mouse that prefers GPS rather than the Bell.

I came to learn of Dr. Mohd Asri Zainal Abidin’s arrest by JAIS from my male confidante during our chat yesterday. I immediately surfed the net for more information. I wanted to know why we are reviving back the olden culture of  persecuting Islamic scholars. My brief research stint led to a few reasons- each one just as dubious as the other.

One-he is an uncertified Mufti who at the moment is worryingly spreading Wahhabism among elites and university students through his lectures. Two- the authorities had this fear that his activities will further divide the ummah in Malaysia especially since Malaysia’s Muslim community is practicing Sunnnah Wal-Jamaah. Three-this was also the direct implication of his refusal to accept the offer to head YADIM and the subsequent protest from the Islamic NGOs over the offer. Four- Dr. Asri is a stubborn lad. He had issued opinions that some found are controversial and unwarranted for. He stood up for the right to privacy on the issue of  “tangkap khalwat”. He criticized on how the “Kursus Perkahwinan” is not up to the mark or how “Kursus Haji” are profit-oriented. He spoke his mind on yoga and the use of Allah in Bible  and also had the nerve to question the need for the Fatwa Council to convene and discuss trivial issues like the use of decorative henna paint on the hand.

In short, he was just doing his job.

On the other hand, the Selangor Exco is under fire again and they claimed that Islamic matter is certainly not under their jurisdiction or purview. The action by JAIS and MAIS is beyond their control.

So, my question is; what’s the problem if  he is a  Wahhabi?

This brings me to the infamous list of cults and deviant teachings banned in Malaysia. Let me share my observation on how Shi’ah is treated in the country and relate it to Dr. Asri’s arrest.

If you check the JAKIM’s Gazetted List of “Ajaran Sesat”, you will realize that Shi’ah is also on the list, amusingly in the same league with Ajaran Anak Rimau and Ayah Pin.  (There are a few Tarekat on the list as well, that my friends who I believe are more learned than me in this area has over the years qualified as not “sesat” but merely a result of diversity in approach.)

But then, I realized how we are selective in the ways we responded to school of thoughts other than Sunni. Check out this simple example – During a public rally opposing Israel’s aggression in Lebanon, I find it amusing, to see posters of  Hassan Nasrallah, leader of the Hezbollah party, being paraded by the demonstrators. It seems to me that we eventually are able to brush aside our differences and lend our support to our Muslim brothers and sisters in Lebanon during that conflict.

THAT or maybe we did not know  Nasrallah is a Shi’ite.

We also forget, I guess, when we arrest Dr. Mohd Asri, that we also send Malaysians to perform their hajj in a country that approved and adopt Wahabism (read: Saudi Arabia).  As much as we claim that these examples do not implicate our internal policies or approach to Islam, but did it not reflect poorly on our  worldview  that diversity of Islamic thoughts and sects would divide the ummah and in the end, threaten national security and social harmony?

The thing is in Malaysia, it isn’t the flourishing of Wahhabism or Shi’ah sect that divide us. We have institutionalized racism and unjust distribution of wealth to thank for. We need not go through all the drama and arrest a scholar to manifest our commitment to national unity of the ummah. We also have people who trade religion to preserve political interest or maintain status quo. Politicians, who would not think twice to perform ablution in front of the camera for cheap publicities or undertake the swearing ceremony to prove their innocence…well, albeit a reluctant Imam.  Wouldn’t these characters be more detrimental to our efforts towards  a better understanding and appreciation of Islam in the society?

I think what the system feared the most about Dr. Asri is that he is a non-conformist. A rebel, who if not silenced, will further challenge the structure. One of those mice that when asked by its leader whether it would volunteer to tie the bell around the cat’s neck, would most probably answered, “lets implant a nano GPS in his tail so that we could track his whereabout”.

As our wealth of Sirah has illustrated, it is easier to burn bridges, to let blood be drawn or tears be shed because of our different thoughts, ideas and understanding of our religion. Islam is dynamic and time has changed. Must we still succumb ourselves to ignorance, power and ego?

If he is uncertified, tell us how did he become the Mufti of Perlis in the first place? By way of a religious Big Bang? If the allegation is true, wouldn’t such allegation reflect poorly on how our religious institutions are managing its affairs?

Lesson that I learned from this incident, as a Muslimah and also a mother is the urgent need for us to start recognizing that there is no such thing as 1ISLAM but only ISLAM.  As we embrace universality in the ways we conduct our political, social and economic affairs at the local level, we also need to open our eyes and mind to diversity. I don’t want my only daughter to grow up a dogmatist as she witnessed Islamic scholars, whose intellectual and freedom of thought are being stifled without further dialogues or debates in a healthy democratic forum, that will greatly benefit the people.

We have enough of religion extremism in the world today. We have enough. So, please put off the fire and rebuilt from whatever left from the ashes of hatred.

*Picture taken from this blog .

UK Invasion Pt.1: Off Railway Crossings and Law Reform.

My trip to UK recently opened my eyes to the dull and dry but never unimportant role of a Law Commission. People working in the Human Rights Commission, raised your hand in the air or do the boogie. Our work in the Commission is fortunately more colorful, I think.

Organized by an international based English charity, Public Administration International or PAi, the organization focuses on providing capacity building and consultancy services to Commonwealth countries in areas of good governance, participatory democracy and human rights. The workshop I attended was called “Successful Reform in Law” where law reform agencies such as my organization, Law Commission, parliamentary caucuses and judiciary were exposed to skills and processes that may be effective and useful to the work that we are undertaking. It was not a matter as complicated as the Franklin Square for me to decipher that the agenda of the programme is to advocate for the establishment of a Law Commission in countries without one. However, the less helpful part of the programme is the lack of recognition of law reform work done by existing structures within the countries of the participants such as governmental agencies like the attorney general’s chambers or even perhaps, the NHRIs. Hence, the constant reference and exemplification to the Law Commission modules especially the ones established in the African continent sometimes left me slightly baffled or out of touch with the fast flow of information during our study groups.

Before I start sounding like some envious inglorious member of the legal fraternity, let me clarify that my concern is derive from the fact that some of the Commonwealth countries WILL not invest in the establishment of a Law Commission. Perhaps, the more practical approach will be to kiss and make up; the need to also address the other law reform agencies and their peculiar problems and challenges with the view of setting a common ground and to acknowledge the global need for law reform beyond the setting up of a Law Commission. I think this is the immediate and crucial interim approach that the programme needs to consider. A Third World legally trained person like me would find it slightly problematic to smile and nod my head in unison with the others whenever the U.K experience is being cited as the best practice, rendered doable in other commonwealth countries. It is as if the programme is meant to be sterile from our own take on the law reform process, be it our own precedents or even fears with the idea of having a Law Commission.

Lessons learned?

The good thing about the British is that they are control freaks. Kidding. The good thing about them is that their working framework or structures are normally tight and well thought. Seriously, they have official standards, templates and even specific publications for almost all the processes they undertook in law reform.  Never, I repeat, never to expect them to suddenly exclaimed, “Hey, I think this Anti Terrorism Act needs to be amended, guys!” and jumped in the air gleefully. Well, I guess no law reform agency ever embarked on a project in such a way, but the British’s meticulousness I guess, is worth learning from. Secondly, their will to admit “oh shucks, we just can’t work with the Ministry of Justice” but of course with enough dose of English sensibility and cynicism. Try asking the MACC to admit that their procedures are “questionable”. During my visit to the Law Commission and Ministry of Justice, the admitted tension that arose from the relationship between both agencies is that the Ministry of Justice, being an arm of the government, responds to political pressure and the agenda of the government of the day while the UK Law Commission will take time in completing a certain law reform project because they will need time to consult stakeholders and experts in the pursuit of their work. What do they do the reconcile this tension however, is base on the urgency of the matter. I cited this particular challenge in order to tie it to the issue that was raised by participants throughout the programme; how independent is a Law Commission then? NHRIs had the Paris Principle as their guideline on the issue of independence, and the Law Commission is statutorily required to be independent, but are all these, fool proof arrangements? I mean when the law that required some kind of a review is regarding railway crossings or horse carriages, (read: yeah, seriously), question of independence is easier to be dealt with, but what about laws that impedes on human rights or a transgression of public’s interest? Tepuk dada, Tanya Dato’ Nazri. Hehehe.

All in all, one must never be pessimistic and try to digest these sort of experiences as lessons on life. I appreciate the programme very much both for the plus points I mentioned above and also for helping me and the rest of the participants generate new ideas and solutions to overcome some of the problems in law reform that was not addressed or maybe overlooked by the “British Invasion”. THAT all plus the joy of seeing the Professors and Federal Counsels in my group, singing and swaying to the wicked fun of “They Will Rock You”!

Of Safra, (Imaginary) Soup and Separation

I was fine. Honest. My luggage was a war zone, my bedroom was like Middle East conflict- all chaotic and messy. The custard needed to be stirred well, the trifle all set to be flooded with the  hot milky custard. I was still in my working clothes, moving back and forth from my bedroom to the kitchen and once in a while, I would go to my living hall and checked on my dear gremlin, who was further enhancing the messy state of our resident by deciding that she felt like opening a clinic AND cooking dinner at the same time. It was a relieved that my house is small that all these challenging “travels” took about less than 5 minutes. More of Singapore than Borneo.

I walked passed Safra who was busy adding some plastic pickles and cauliflower into her imaginary soup. I reversed a bit, applauding her creative liberty in using the teapot to cook soup  and ventured back towards the kitchen. As I was about to open the refrigerator, Safra shot from behind exclaiming loudly, ” Sup, Sup!” while her chubby fingers hold a small spoon poised towards my mouth. I opened my mouth widely and pretended to gulped down the imaginary hot soup. She squealed in delight and dashed back to her “kitchen counter”. She continued feeding me with her “delicious” soup,  even took care to wipe the imaginary mess off my chin with her teddy bear.

I felt a big lump stuck in my dry throat at the sight of my baby girl gleefully spending time on her own, while me, the Mom, busy preparing to leave her for an oversea trip and an important programme for my organization this Saturday. It was as if I am witnessing our parrallel worlds painfully moving smoothly, side by side except that my mind and heart was in an emotional mess, looking at her learning and growing up every day amidst the fast and busy life I have to endure.

It was also still alright up till in the wee hours when she woke up suddenly, cried for “Ibu,” and snuggled closely to me between the comforter and returned to her Dreamland in seconds.

This morning, as I sent her to the nursery, I could not contained the emotinal chaos anymore that I broke down crying in front of Safra’s nanny. “What’s the matter?” She asked, looking slightly panicked, perhaps thinking that I just received some unexpected sad news. Safra blinked her own big eyes and looked at me in astonishment.

“Bibu teje, gi, gi. Safra duk sini..” Safra tried to console me with her eyes half closed. Oblivious to the fact that her Mom is having some separation issues. I told the Nanny, I am alright. Wiped my silly separation tears and landed a few sloppy kisses on Safra’s cheeks. We bear hugged for a few minutes and I left, with Safra’s consoling words replaying on my mind.

Well, tough luck Safra. I thought I could be tough and all. But I cried about half the journey to work and that would include the time that your Mom is stuck in the heavy traffic.

Whammy.

Of Politics & Selective Morality

If you once forfeit the confidence of your fellow citizens, you can never regain their respect and esteem. It is true that you may fool all of the people some of the time; you can even fool some of the people all of the time; but you can’t fool all of the people all of the time.

Public sentiment is everything. With public sentiment nothing can fail; without it nothing can succeed. He who molds public sentiment goes deeper than he who enacts statutes or decisions possible or impossible to execute.

-Abraham Lincoln-

Shift of views are common. Our minds operates like a frog sometimes. But that is not a licence to selectively pass an opinion in order to secure our interest or power. That will be awfully inconsistent of us.  Or perhaps it is not the issue of consistency. We just think that we could double speak where it conveniences us the most.

I brought up this issue in my crappy blog during the Cow Head Drama. There were suggestions for the Sedition Act to be invoked against those protesters, from the very sectors that advocate for the abolishment of that Act. Most people overlook it, but not due to any Machiavellian motivation. It was merely because we had taken sides in that issue and we disagreed with the action of the protesters, hence, it was OK to just green light the suggestion.

But it is not OK. I know objectivity is like some rare vase from the Ming Dynasty wherever and whenever our personal interest is concerned but be fair and objective we must, no matter how much it hurts. That’s me, a non politician speaking naive-ly about integrity.  Like these  two books on DSAI and Selangor MB, distributed conveniently in conjunction with the Bagan Pinang By Election. Some sectors went to lodge police report on these two books, claiming that the publication of the books is an offence under the Sedition Act and Printing Press Act.

Strategic Political cynicism ? I hope so. But even it is not, the view that those two laws should be used AT ALL  is made  at the expense  of  human rights principle and to a certain extent, moral obligation towards the people. The two laws should not be there in the first place. We reject the very idea of its existence. It is unacceptable ab initio. Therefore there is no compromy or potential of any sort for us to give the laws the chance for it to be enforceable or recognized.

You folks might ask then, how should we frame the argument?  My two cents worth will be- rely on democratic principles, rule of   law, the Federal Constiution or other laws that criminalize defamation or slander. As long as we are consistent in our struggle for justice and democracy.

Sorry, Anthony.

 

Of Frogs,Memali & Cute Cyclists – FFF’09

The crowd was unruly at the FFF. Hehehe.

Film has always been one of the most powerful medium for advocacy. I remembered my first experience using movie as a tool to explain a certain message went way back to my usrah days in the university. I was the “reserved”[1] “mak usrah” or the mentor for the group. It was “Bug’s Life” and I was attempting to present to my anak usrah the importance of standing up to oppression. “ Kak Gee, the ants were adorable but we do get your point”. My anak usrah promptly answered when I sought for  their random views .

So, of course I am excited when KOMAS started off the Freedom Film Fest six years ago. I remembered showing off the official tee for the event to my course mates when I was in Montreal as if it was the official tee for Sundance or Cannes. But beyond that superficial pride in wearing a cool tee, I am happy with the fact that the FFF provides a space for people to voice their thoughts, ideas and perspective on human rights independently.  It allows budding or aspiring directors, from all walks of life to tell real stories about people who are passionate about freedom and human rights. This isn’t about slick Hollywood movies with lotsa actions and robots. This is about ordinary folks capturing stories that are close to the heart of the people. Without further ado, may I be Roger Ebert for a few minutes and present to you my own 2 cents worth of the three finalists of the festival:

AL-FATEHAH MEMALI by Rahmat Haron
This film portrays the journey of singer-songwriters, Black and Meor, trying to comprehend a massacre that happened in 1985 in Kg. Memali, Kedah. Their journey brings them to the village where they meet survivors and witnesses of the tragedy to uncover a forgotten story of injustice for most of Malaysia, but one forever etched in the hearts of those in Memali.

Review: :

The strength of this documentary is the plot itself. The Memali incident was never taken up by our local film makers especially from a point of view other than religion.  Although the narration of the two singer song writers journey was interestingly filmed rather naturally, the personal interpretation of both singer song writer over the tragic incident failed to leave a strong impact on me. Perhaps the poor editing and rather disjointed scenes affects the flow of the documentary hence, reduces my appreciation of the quality of the documentary. All in all, I applaud the efforts to tell the untold story of the Memali tragedy and wish that this documentary will lead to a more active public discourse on how in the past, the State’s oppression to secure their interest and power has jeopardize the lives of the people.

NO SILVER LINING: THE PERAK CRISIS by The S-ploited

What happens when “frogs” jump over to the other side? In Perak, when 3 elected representatives of the Pakatan Rakyat ‘hopped” over to become BN friendly, it started a political wrestling match for power between the two opposing political alliance.

Review:

Fahmi Reza’s 10 Tahun Sebelum Merdeka attained cult status for its punk rock docudrama style. When I saw this particular film, I could not help comparing it to Fahmi’s wining entry. The music, the shots, the style – to me was similar to Fahmi Reza’s docudrama that the first thing that crossed my mind was that the film lacks originality… well, the green big headed frog is original though. I feel  the topic chosen actually deserves a more in depth work from the film maker. Although I respect the S’Ploited ‘s stand point that the film itself is bias because the random view points captured on the movie was in favour of  a new fresh election in Perak, I think the audience expected more. What about PEWARIS’s views or the other NGOs based in Perak who was in support of the Sultan? Another point worth mentioning is how there were a lot of spelling errors in the subtitles or headlines used in the film. I am not sure if this is established to give the film some “edgy rock and roll” taste but if that is ever the case, it did not help the film at all. Well, despite the abovementioned comments, I would still like to applaud the S-Ploited for their good efforts in trying to give the audience an overview of  the Perak fiasco.

KAYUH by Soh Sook Hwa
This film is a first-hand account of a 100-strong contingent of cyclists in the JERIT cycling campaign who rode from Alor Setar and Johor Baharu to Kuala Lumpur for 16 days in order to address 6 major concerns of marginalized groups in Malaysia.

Review:

This is my personal favourite. After getting slightly frustrated with the two earlier films, I could tell you my spirits were uplifted by the last finalist’s piece. It was a simple story of a group of cyclists that includes young people who cycled across the country to deliver their message of hope, justice and human rights. I immediately fall in love with this particular one because of the pure simplicity and honesty on how the story of ordinary people who are passionate for a better Malaysia were told in the film. I also think the film was well edited and the flow of plot was smoother compared to the others. Although Soh Sook Hwa humbly admitted that this is her first attempt at directing a film, I think she had given her film a lot of thought and her own passion as an activist I believed shone throughout the film. Congratulations Soh!

So, what about you guys? Ada branik hantar entries next year? And why not,eh? Just dare to document!

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[1] Only called to moderate a session when the PMIUM faced shortage of mak usrah. In my case, when there was practically NO mak usrah around. Heh.

Of 1Malaysia, a Cow Head and a temple in S23

As we look forward to our Merdeka Celebration this Monday, with or without the overkill collection of JG displayed on our old cars, we are shocked by another sort of procession in S23 of Shah Alam, complete with a cow head- an arrogant manifestation of racial supremacy and fabricated anger. Why racial supremacy? Because to me, no one could proudly confess that they are speaking on behalf of Islam just because they are Malay, though  it is constitutionally recognized in Malaysia that Malay are Muslims. The very reasons why a friend who was with me in Davao City once upon a time ago, exclaimed in surprise when a Malay that we met over there was enjoying pork and professed Christianity. I guess our Malay worldview is so confined to Malaysia, particularly as a result of  overt racial polarization that speaks for itself when we go through our history. Secondly, because a good Muslim would not alleged that he or she is speaking for Islam while at the same time did things that contradicted Islamic teachings. Parading a cow head for kicks perhaps would be difficult to be pointed out as a disgrace to Islamic teachings but with the purpose of  disgracing our own neighbours?  Did not Islam teach us to respect and treat our neighbours well? Remember the Prophet’s neighbour who loves to assault and insult Prophet?  Did Prophet return the unwarrated favour with equal ill-treatment? Of course not. He had such a big heart that he even visited her when she fall sick and treated her warmly.

Then another term I used earlier-fabricated anger. Well, simply because some of those who were protesting were not even a S23 local. I suspected the S23 coalition has networked with some other neighbourhoods to give a more “national” taste to their “fight to uphold Islam and Malay”, but perhaps rather than succumbing to my imagination, the other best bet is that the whole protest was a set-up. And in a heteregenous society like us, the racial cards, the religious cards or the cultural cards are the best cards to manufacture people’s belief or trust , especially for political purposes. We are indeed not politically naive either. We also understand how such issue is not working in the best interest of  Kerajaan Selangor. This happened to be a lucky ammo for “some” political parties to give Kerajaan Selangor the shocking blast they always dream of.

Apart from seeing the political upperhand this issue may offer to the ruling party, in my view, when we start saying the sounds of the bells from the church or temple or even the sounds of azan is disturbing our peace and causing us much sufferings and miseries, that is as if we are also not comfortable or could not accept our fellow neighbours from different racial and religious backgrounds living together with us in the society. And that, I am afraid to say, is a bit far fetched, don’t you think? Since we don’t actually divide every square feet of land or space in the country according to race or religion or segregate States according to racial composition..So chances are, we will be bumping into each other often and if you can’t stand the sounds coming from the mosque, temple or church, buy a set of ear plugs and do yoga to improve your level of  concentration!

By the way, it was also strange that no FRU trucks or police patrol cars were seen in the vicinity of the protest area though I suspect no permit was ever issued to these folks to gather and protest. Not that I agree with the issuance of permit for assemblies as well. But I think as compared to the candlelight vigils or rallies protesting ISA that the police are anxious about, this protest is more “dangerous” to the society if not sillier.

To my multi-racial, religious society in the Land of Bolehland and Cow Heads- “Salam Kemerdekaan”

Of BPR, That Cab Driver and Shima of His Life…

Sometimes you don’t need to conjure a national policy to talk about  uniting our diverse society. Sometimes, things should happen at its own course, with more honesty, willingness and understanding. Sometimes, above all those nice big words that I mentioned, what we ordinary people have to do is merely to look around us and try harder to listen. Yasmin’s SEPET was not a feel good movie with no realistic basis. Inter-racial relations, despite the social taboo that is normally attached to “kahwin campur” , had been going on for eons.

And what a way to talk about racial unity if not through the message of love. My belief was perhaps deepened by this single cab ride I had last night from SOGO to my house.

There I was, half soaked in the angry rain, queueing for a willing cab to drive me back  home. As a cab drew nearer to where I stood, I noticed the driver is an old Chinese driver who from afar, looked a bit fierce. I was torn between two on whether to just hopped on this one or to lamely pretend that the cab is an unimportant fragment of my imagination and waited for the next one. The Chinese driver ruined my plans as he beckoned me to step into his cab as quick as I can . I let out a small sigh and rushed myself  into the cab.  The driver did not say a single word. I was also not in the mood for niceties. I put my bag on the empty seat beside me and made myself as comfortable as possible at the back. My tired heavy eyes began to give away and in a few minutes I believed I had snored rather loudly in that old cab. In the next few seconds, I heard the Chinese driver hummed a tune to himself. I pretended to be asleep and anticipated him belting out some Chinese songs I never heard of in the next few seconds.

This is when I said “Shit, I was wrong”. He eventually get to the lyrics and no wonder the tune he hummed seemed damn familar,

“Tiara, menggamit kenangan zaman persekolahan…” I woke up in a sudden. He sang a Malay song!

“Uncle, itu lagu TIARA kan?” I asked him excitedly. He grunted “yes” and went on to sing the song to the end. Later on, he asked me, “Ada apa lagu mahu aku nyanyikan?” I shook my head in amazement. This is first class cabbie treatment ladies and gentlemen. Not only I get to ride on the cab,  I was , moreover, offered live unplugged performance from the driver! I told him I am not into Malay songs to which he said, ” Ini macam, aku nyanyi, kamu teka,”

I gulped my saliva. Main teka lagu Melayu? This is one quiz I would definitely fail horribly. Then he started, singing in that clear voice without a single waver;

“Keunggulan cinta dari sinar mata Yang bergelora… Hati ditaman berbunga Satu impian …”

“Lagu apa ini?” He asked triumphantly. My mind did a 100-metre dash to my memory box. God! My memory box is full of The Clash, The Kinks and of course, Nirvana. I tried to switch my thinking to Malay as hard as I could.  But still,  I can’t think of any Malay songs except Sampaikan Salam by Alleycats.

“Aiyoh…kamu ni, ini kan  itu BPR punya lagu-DARI SINAR MATA”. I laughed listening to him. I asked him to sang more.

“Itukah dia kekasih yang pernah berjanji … Andai dapat bersama untuk selama-lama. Hanya untuk menyayangimu. Hanya untuk bercinta lagi …”

Oh, man, this Chinese man is good. He waited for my answer.

“Fotograf, Fotograf..” I answered    confidently. He laughed outloud. I was goddamn sure I had flunked this question as well.

“Jawabnya AXL- Akula Kekasihmu,” Then, as if to show off his knowledge on  Malay’s tangkap leleh songs,( if not to show off his vocal prowess) he started singing other familiar or unfamiliar songs to me, . At one point, I jumped in as he sang a very old song of Ella. I was definitely enjoying the cab ride. Since we  got lost as we missed a turn here and there due to me trying misreably  to point out familiar roads that now looked like some unknown road in Kota Bahru or Sekinchan, the cab ride began to feel like a mini Amazing Race meets Malay Songs 101 Class .

Except that he had to open up to me, and tell me about Shima. No, not the singer,folks. This was his Shima. His one and only love and Shima was a Malay woman.

“Ini semua untuk Shima ku…Aku jatuh hati sama dia tapi dia kahwin orang lain yang lebih kaya lepas tu Shima bercerai..lepas tu aku pujuk tapi Shima masih tak mahu kahwin dengan aku”  He paused for a moment before doing a Hazami number.  He reached the junction to my neighborhood and I wished the ride could be a bit more longer because I wanted to hear this Chinese man’ s story more.

He asked me if I ever find Chinese man attractive. I laughed and said that it took place when I was 12. I remembered how I literally stalked the Chinese boy in my neighbourhood by following his bicycle with my own BMX every morning on my way to school. Then he moved away and I started to be interested in rounders and punk rock, so everything was forgotten. But the whole experience never left me, actually. It was romantic in the most bizarre way. Like eating ice-cream on a cold rainy evening with the air-conditioning on but hoping that the melting chocolate on the ice-cream would be warm on your lips.

Coming back to our Chinese Uncle and his Shima….

“Uncle lepas itu tak pujuk lagi, suruh dia terima Uncle?” I asked. He just grin and said that it was not possible to do so. ”So, sekarang Uncle kahwin sama siapa?” He told me that his marriage crumbled because he cannot forget Shima. he stopped right in front of my house so I handed him the cab fee and he said “Alhamdulilah”. “Uncle sudah masuk Islam?” I enquired as I moved out of the cab. He shook his head and said “Kalau Shima mahukan aku, malam ini aku masuk Islam”.

I waved goodbye as he sped away. The rain had stopped and the night sky was beautifully clear. I hope  the Chinese guy found his “Shima”, one day. After witnessing his expression of love that defeated all the stereotypes in our society, I could not imagine him not doing so.

OF FREEDOM OF ASSEMBLY, CHILDREN PARTICIPATION & THE GREY AREAS IN BETWEEN.

Freedom of Assembly, should it be a person, I bet he or she will be the most easily misunderstood person if compared to say, Mr. Right to Health or Miss. Right to Food.  This, to me is simply because freedom of assembly leaves a strong and influential impact on people as well as the State in advocating a certain issue. It is an act that is physically visible, collective and should the cause of assembly affects a large majority of the society; it might garner larger support and participation from the others. Its collectivity and overt nature could easily intimidate those or institutions who are in the position of power and control. What’s more if the reason behind the public assemblies is to challenge the authorities or to support a dissenting opinion? Hence, the teargas wild party. Hence the FRU truck “joyride”. Hence the free overnight stays at the scariest hotel in town-the lock up.

But for today, I am sharing with you my concern on how we are still unclear over this issue: Should children participate in freedom assemblies? We saw pictures and details of children splashed across the newspapers though this is actually an offense under the Child Act 2001. I rang a friend who work in the media and cautioned her on how the media is treating the news on these arrested children. Perhaps I need to start making friends with journalists in the mainstream newspapers more. Today, a young boy who the father claimed was manipulated in  joining the rally had his picture exposed in one of the Malay newspaper. I am not going to start on media ethics where children is concerned because it appears to be like we dont’ have any.

Remember when I said freedom of assembly is easily misunderstood? This is the cue for me to deliberate further. People raised those questions because the people’s mindset when it comes to freedom of assembly is that it is not peaceful but unruly, it is illegal, it is chaos with capital C and other nouns describing aggressiveness.  I remembered when I was waiting for my LRT ride, the announcement on the closure of Masjid Jamek and Bandaraya stations went, “ …tren ini tidak akan berhenti di Stesen Masjid Jamek and Bandaraya kerana rusuhan sedang berlalu di kawasan tersebut”. Of course people would panic; we are at war from the sound of it! And you can’t blame the public if the television telecasts visuals of the rally in unfair snippets. Why I call it unfair snippets? Because suddenly without knowing the head or tail of the event, images of people running all over the place drowned in tear gas were shown with a voice over describing the chaotic and uncontrollable nature of the assembly that the Police has to be stern and take action. Images of how the protestors sat on the ground signifying peace or how the police or agent provocateurs provoked the crowd were of course censored. That’s not very propaganda-friendly, aye?

Unless you are there of course to bear witness.Then you would understand what I mean.

So, help me God, who would not have negative ideas about public assemblies if the State propaganda is working effectively?

And then there were the children.

It is much easier , in such circumstance for us to get all worked out and blamed the parents for bringing the kids along. First impression always influence our way of thinking and developing views. Especially if the State apparatus is doing their work so well. The bad news is this: children’s rights movement all over the world recognizes the  right of the children to participate in freedom assembly. Of course, this right comes with some qualifications but the terms would actually go back to how the State defines “national security” or “public safety”. If the State has this habit of surprising people on how they define national security and public safety from time to time, then chances are the whole opportunity of positioning freedom of assembly as a human right will be tainted by political maneuvering and biasness. So, in such case, how can we ever see and understand with a clear and open mind that there is nothing wrong with children joining public assemblies? Perhaps we are not well-traveled enough to be exposed to public rallies organized by children and teenagers in Europe, America, Hong Kong or India where they voiced their concern about their beloved nation. The Children Movement in U.S that I am sure involved children marching on streets (as the picture above showed) started as early as 1800. In U.K circa that time too, children had been very vocal about their plight for justice in issues such as child labour in sweat shops and girl prostitution.  In India, children rally for their concern over their right be registered and have birth certificates. Most of these countries even have Children Council or Parliament in place where children are given the opportunities to influence decision making processes. Children’s Rights Ombudsman seemed like yesterday’s highlight of the country in Finland and Sweden. We, in Malaysia obviously are still unable to depart from our traditional view that children are weak, immature and unable to have views. We sub consciously find solace in the way we treat children like subsets. So, perhaps, it is still long way to go for us to advance in how we define and construct the idea of child participation. Well, if we could not even have the decency to read the law and realize that handcuffing children or arresting and investigating children without the knowledge and presence of Welfare Department Officers is an offence under the Child Act 2001, I bet we will never get over the fear that children can and have the right to express how they feel through public assemblies.

And pardon me for being this cheeky woman that could not leave the ruling regime alone. I could if they do not act so gung-ho in protecting children’s rights when in fact they manipulated children as well. History showed how regimes in power utilize youths as their own political shields or objects to preserve their influence. I am sure we have come across the Hitler Youth where the powers that be exploited children to carry out the Nazi’s propaganda. The Baathists in Iraq, during Saddam’s reign, recruited “minor monsters” in schools that will report back to their “superiors” if their parents attempted to revolt or went against the regime. Yes, children are seen as vulnerable and weakest member of the society. But the powers that be obviously know “the power of innocence” when they need them.

Remember when Hishamuddin Tun Hussein Onn demanded primary school children to participate in the huge assembly in Bukit Jalil in protest of the attack on Gaza by Israel? So that is cool because it’s Hishamuddin, the Minister who make the announcement? That is fine because we are talking about atrocities happening way far from Malaysia, so it is not sensitive? Because it is in Bukit Jalil, so shopkeepers are relieved that their business will run as usual at those “opposition-backed” hotspots for rallies in at Jalan TAR?  We forget that it is still about children being given the space and voice to be heard. And if these children are given the privilege and protection in Bukit Jalil, why can’t the kids in the anti-ISA rally be treated the same? Look at the picture on the left as well. So this is also considered alright? Because the children were sitting nicely in a protective environment and no teargas is being released or water sprayed. What about Kak Laila’s kids that joined the rally? They weren’t there as attention seekers or to satisfy their raging hormones. They joined the rally because they feel strongly about what happened to their father and they wanted to do something about it. Do you think our public schools have time or space for these kids to have a stimulating discussion about “how my dad was detained for an indefinite time and I think it is wrong”. Oh, remember those teenager cyclists from the JERIT Coalition that were also cycling across the country as part of their campaign that amongst other seek for the control of price of food, abolishment of ISA and other social justice issues? They were considered exploited by the Opposition too. I followed the story of the cyclist closely during those times, just in case the teenagers use their bicycle to bulldoze into people’s house where they would grab lands and left the occupants of the land homeless. Thank god, there wasn’t any because these kids are good bright kids that I am sure will do our country much good when the time comes.

I am also concerned with children’s safety but then, there should not be any worry over the whole idea of freedom of assembly. The only worry now is that the alleged violence , riot and chaos associated with public assemblies are due to the reactions and actions of the State. The Malaysian protestors in general are peace loving people that they even bring flowers to the rallies to give to the FRUs.   So, don’t simply dismiss children’s participation in public assemblies as utterly ridiculous and unwarranted for. Reflect on how we are treating our kids and view the freedom of assembly first. That should be a good place to start to move forward.

SUHAKAM MEDIA STATEMENT ON THE ANTI-ISA RALLY

MEDIA STATEMENT

 

SUHAKAM:  THE RIGHT TO PEACEFUL PUBLIC ASSEMBLIES SHOULD BE RESPECTED

 

 

The Human Rights Commission of Malaysia (SUHAKAM) regrets to note that in the process of dispersing the 15,000 stronghold of crowd marched in protest of the Internal Security Act 1960 (ISA) in Kuala Lumpur on August 1, the police have used teargas and water excessively, which has also affected the bystanders. 

 

The day of the public assembly ended with the police reportedly has arrested 600 people and 44 juveniles aged between 13-17 years old at different locations in the city.  In this regard, SUHAKAM strongly maintains its stand that the people have the right to participate in peaceful assemblies.  SUHAKAM has consistently urged the Government to consider and take into account the recommendations made by the Commission on freedom of assembly as enunciated in the reports of the Kesas Highway and KLCC Bloody Sunday Public Inquiries.  It is therefore recommended that in the event where the police find it necessary to control or disperse a crowd, proportionate and non-violent methods should be invoked.

 

 

In addition to that, it is also SUHAKAM‘s grave concern that the children who were arrested during the rally were handcuffed, detained and held under remand together with the rest of the adult protesters. SUHAKAM would like to draw the Government’s attention to its obligations to observe and protect the rights of the children in conflict with law as stipulated under the Child Act 2001 and the Convention on the Rights of the Child (CRC).

 

Consequently, in view of the whole situation which took place last weekend, SUHAKAM urges the Government to seriously consider SUHAKAM’s recommendation made since 2003 to repeal the ISA due to its nature of detention without trial, which is clearly an infringement of the principles of human rights.  SUHAKAM would like to reiterate its stance that the ISA should be repealed and be replaced by a new comprehensive legislation that balances national security and human rights as a specific Anti-Terrorism Act to deal with anti-terrorism and mass acts of violence. 

 

- end  -

Of Tear Gas, Anti ISA Rally and Salt.

So, yesterday it was a battle zone in Kuala Lumpur. Concerned citizens who are armed with conscience on one side, and the Police Force equipped with lots of water cannons, tear gas and I am sure, an insurmountable amount of cowardice, on the other. The score of arrest is tremendous. Perhaps one of the IGP’s KPI/KRA is to ensure  that there is an increase in the number of civilians arrested during rallies. After midnight, out of 438, about 50 were still detained under the excuse of further assistance to Police’s investigation. Three of them are under age kids. Most people would say they are influenced by their parents or close people who also joined the rally. Perhaps, if we care to realize how some of the kids today may read up French Revolution or Universal Declaration of Human Rights at as early as 15, then they would know how advance children are nowadays. Plus perhaps in the heat of the moment (read: incapability of handling mass dissent), the government forgot the list of commitments it made during the Universal Periodic Review (UPR) in Geneva on observing the people’s human rights . Or, even embarrassing, our state obligations under the Convention on the Rights of the Child (CRC). I’d say withdraw then from being a State Party to the Convention if we are in reality, poor in our track record on how to treat children. Up till today, I was informed that the kids are still detained along with the rest of the protesters.

Najib, in response to the rally earlier on, appeal to the people not to proceed with the rally, “I want ideas,not protest,” Sure, Najib. SUHAKAM, the monster that the Parliament created, had submitted its proposal for the review and repeal of ISA since 2003. In fact, the Commission went through all the trouble to even put together a proposed Anti Terrorism Bill to replace the archaic draconian law. How’s that Najib, for ideas? And should rakyat be happy and start partying with your claim that ISA will be reviewed when your henchman, Nazri The Terrible made the annoucement that ISA is meant to stay.

And rakyat in majority is really angry with the Act. This is not a a cheap political stunt. I would go for a less tiring and tear gas free sort of publicity if this was the case. Nor was yesterday’s rally a  fashionable statement that aimed at making protesters looked cooler than Obama. Rakyat knew what they were getting themselves into when they decided to express their dissent over the ISA openly but they were too angry and frustrated to be passive bystanders. They are also going against the State Propaganda that promoted the rally as “rusuhan” when in fact the protesters were not even  rioting or taking down buildings in Jalan TAR. They are going against the newspeak that kept on replaying the fact how rallies are bad for business. They should interview the kind restaurant owners or workers that ran out and put salt in our hands when the police released the tear gas. They should interview the shops that are making quite a profit from selling bottled waters and Hundred Plus to the protesters. But of course, we have to remember, the State and its apparatus are gearing towards sustaining ISA and creating a false public perception on the importance of doing so. Don’t expect visual of people holding hands with the track “Power to the People” blasting at the back as FRU beckoned protestors to protest properly with big grins on their face on your dummy box. What you will see on the news are scenes purposely recorded when the protesters are reacting towards  Police’ s intimidation with a voice over saying “kaki protes kelihatan sangat ganas dan tidak terkawal sehingga Polis terpaksa melepaskan gas pemedih mata”.

Are these painful facts a cue for us, rakyat who wanted justice and democracy to prevail in Malaysia , to stop dreaming for the abolishment of ISA and to move on to a much more rationale hope like buying that latest edition of Mercedes or saving enough money to travel to Zimbabwe?  Nope. Its a sign that we have to carry on because the reactions manifested by the State confirmed our belief that Najib’s regime will continue with the  government’s  tradition in violating the people’s human rights. The rest of the country’s downright scepticism towards our efforts are also encouraging dynamics that should nurture broader discourse on the ISA and human rights in the society.

So, let it be known, government,  that you might arrest 438 people as an act of deterrence but your act is making people start asking “WHY?”, and you know how revolutions started – when people start asking “WHY” and act upon it.

Be very, very afraid, BN and start stocking  up on your tear gas again. I bet you used up most of your supply yesterday because  the police was on a tear gas spree even after the crowd disperse.

The fight shall continue!