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PKFZ Scandal: Imprison Those Blood-Sucking MCA Lap Dogs of UMNO

Read here for more in Malaysia Today

The Scoundrels
in the PKFZ Billion Ringgit Scam

MP BINTULU


MCA YOUTH CHIEF


(courtesy of stocktube blog)

Excerpts

Now documented evidence has started to surface about the involvement of Deputy Education Minister Wee Ka Siong (WKS) in the RM 2 billion PKFZ mess.

The latest daming documents show that Hijau Sekitar Sdn Bhd (240539-X) did consultancy work for Wijaya Baru Sdn Bhd (205953-X) on "the feasibility of a new port facility on reclaimed land at the mouth of Selat Lumut in Port Klang" in 2006.

Hijau Sekitar, established in 1992, is owned by Wee Ka Siong, who has 49,998 shares.



The remaining shareholders are one Lim Kit Siong (50,001 shares) and Wong Woon Ping (1 share).

Wijaya Baru, as we all know, is the parent company of Kuala Dimensi Sdn Bhd, the turnkey contractor which made PKFZ its own goldmine. (Please refer to the documents, including a company search).

Here's the background :

• Back when PKFZ was starting to take shape , two prominent businessmen wanted to make some quick bucks. Westport boss Tan Sri G. Gnanalingam and Tiong King Sing each bought a piece of land adjacent to PKFZ, a project modelled after the highly-rated Jebel Ali Free Zone.
  
  
• Being privy to the information about the massive infrastructural developments that would take shape in next door PKFZ, the duo had wanted to piggy-back on what they then thought would be a foundry for golden eggs-laying geese.
  
  
• The duo was aided and abetted by Wee Ka Siong through his little-known consulting firm, Hijau Sekitar, which headed four other consulting firms.
  
  
• Had PKFZ succeeded, the port facilities would have been leased to the Port Klang Authority on a long-term basis for a price more handsome than the love-struck Bung Mukhtar. Tiong King Sing and Wee Ka Siong would have made billionaire golfer Tiger Woods look like a pauper.
  
  In other words, Wee Ka Siong, through his buddy Tiong King Sing, wanted to have a second milking of the cash cow (the first being PKFZ proper). Credit must be given to Mastermind Wee (as lead consultant) for a plan so ingenious, it could only have been inspired by sheer greed.
  
  
• (But) Ong Tee Keat messed up their Grand Design by opening the can of worms that is the PKFZ.
  
  
• The A-G's Chambers and the MACC are now poring through 7 boxes of documents seized from Port Klang Authority's office on Dec 4 to determine the extent of whichWee Ka Siong breached the Official Secrets Act by acting on classified information.
  
  
• Highly-placed sources said Wee Ka Siong will also be charged for economic plunder and grand larceny in the first two weeks of 2010. But legal problems aside, the political fallout for the MCA Youth chairman following the surfacing of such documents would even be greater.
  
  
• The documents clearly show that Wee Ka Siong is closely linked to Tiong King Sing, who is gunning for Ong Tee Keat over the PKFZ issue. His denial of links with Tiong is now proven to be a blatant lie.

It shows whyWee Ka Siong is so impatient to topple the MCA president. Even Wee Ka Siong 's own aide in the Education Ministry used to be a staff of Wijaya Baru and was collecting a salary from Tiong King Sing .

Wee Ka Siong was also the one who laid the trap for Ong Tee Keat to board Tiong King Sing's private jet and then leaked the details in the Internet. (More of WKS's lowdown here).

The documents (read here) are only the first batch. More will be released in due time. By then, Liow Tiong Lai’s wife run-in with the MACC over the Toyota Alphard scandal will look like a noble deed.


RELATED ARTICLE

PKFZ’s RM12 Billion Scandal - Where are the Sharks?
( POSTED on May 31, 2009 by Stocktube Blog)

Read here for more on Stocktube blog

EXCERPTS

PKFZ (Port Klang Free Zone) scandal is perhaps the BIGGEST scandal the country ever had so far from the legacy of former premier Mahathir Mohamad since the BMF scandal, that’s if you ignore the Central Bank’s losses from the foreign exchange speculation.

BMF (Bumiputra Malaysia Finance Ltd) scandal involved losses of about RM2.5 billion thanks to dubious loans to Hong Kong Carrian Group which collapsed in 1983 after the property crash. Carrian Group chairman George Tan (a Malaysian/Singaporean businessman), BMF chairman Lorraine Esme Osman (a longtime Tengku Razaleigh Hamzah associate) and BBMB (Bank Bumiputra Malaysia Berhad) executive director Mohd Mashim Shamsuddin were figures linked to the scandal.

Just like BMF scandal, the Malaysian government was trying to cover-up the PKFZ scandal but the losses just got too huge to be swept under the carpet.

The PKFZ scandal was simply too huge and the potential of losses is unlimited hence it’s too difficult not to scream the name of former Transport Ministers Chan Kong Choy and Ling Liong Sik.

The idea to transform Port Klang into a national load center and a regional transshipment hub was mooted during Mahathir’s era in 1993 under the Seventh Malaysia Plan (1996 - 2000) after the Mahathir’s administration was impressed with Jebel Ali Free Zone in Dubai.

Since its’ setup in 1985 the Jebel Ali Free Zone now spans an area of more than 12,000 acres that attracted over 6,000 tenants employing more than 130,000 employees. The Malaysian Cabinet under Mahathir approved the project in 1999 to “copy” the Jebel Ali Free Zone model and hence the birth of 405ha PKFZ (Port Klang Free Zone).

Politicians Who Made Billions

Initially PKA (or rather “Puk Kai” Authority?) entered into several agreements with KDSB (Kuala Dimensi Sdn Bhd), a wholly-owned subsidiary of Wijaya Baru Holdings Sdn Bhd (WBHSB).

Ironically WBHSB is heavily owned by several politicians from the ruling government inclusive BN backbenchers chief Tiong King Sing who owns 70% stake.

KDSB made handsome gains when it bought the land for RM3 per square foot (psf) and sold it for RM25 psf to the government although the government’s valuation was only RM10 psf.

With this purchase the project cost was at RM1.957 billion but subsequently escalated to RM3.522 billion as at 31 Dec 2008. Interest cost due to deferred payments to KDSB increased to RM1.425 billion resulting in a total project cost of RM4.947 billion.

PKA was having problem since the beginning - it had to get a 20-year soft loan of RM4.632 billion from Ministry of Finance (MOF) when it could not even pay the first scheduled payment in 2007 to KDSB. The soft loan alone would squeeze RM2.506 billion of interest cost from PKA and this would push the total project to a staggering RM7.453 billion.


(courtesy of stocktube blog)

It was reported that PKA would have no more money left between 2012 and 2041 after paying two installments to MOF and when this happen additional interest cost of approximately RM5 billion would send the PKFZ project to RM12.453 billion. And you wonder why Jebel Ali Free Zone Authority pulled out from a pact to manage PKFZ.

The PKFZ project was doomed to fail the moment the whistle was blown mainly due to PKA which basically did nothing but to rely extremely heavily on KDSB to spoon-feed the whole project.

PKA even relied solely on its quantity surveyors, QS4, to verify the costing and basically the role of PKA were, well, do almost nothing at all. To say that PKA was good for nothing is an understatement.

Who are some of the board members of PKA between 2001 and 2007?

1. Ting Chew Peh – Pengerusi (2001 - 2003)
   
   
2. Abdul Rahman bin Mohd Noor – Wakil Ketua Setiausaha, Transport Ministry
   
   
3. Zubir bin Abdul Aziz – Wakil Ketua Pengarah, Unit Perancang Ekonomi, PM Office
   
   
4. Yap Pian Hon – Pengerusi (2004 - 2006)
   
   
5. Chor Chee Heong – Pengerusi (2007)
   
   
6. And many more politicians and little Napoleans
   

PKFZ’s 20 Major Problems

PricewaterhouseCoopers has basically outlined 20 issues with PKFZ:

Issue-1:
The proposal to purchase the land was approved by the Cabinet but subsequent development proposals (2004 - 2006) which involved additional RM1.84 billion were not tabled to Cabinet for approval but were awarded to KDSB after recommendations from Minister of Transport to the Prime Minister.

Issue-2:
Even though PKA knew it was not able to meet the Cabinet’s condition on self-financing, it not only did not alert the Cabinet but miraculously had the gut to sign other development agreements and thereafter the cost balloon indefinitely. Without support from somebody as powerful as a minister, you won't dare to do so, do you?

Issue-3:
PKA board did not exercise adequate governance over the project implementation, another nice way to say the board did not know or simply clueless on was happening on the ground. Lots of things happened without the board’s approval or maybe the board didn’t care at all (close one eye?).

Issue-4:
Advice of the Attornet General was not sought to safeguard the interests of PKA and the Government (I think it should be the taxpayers’ interests instead). Worst still, compliance such as defect liability was deliberately taken out from the agreements entered with KDSB.

Issue-5:
Involvement of politicians and individuals who obviously created conflicts of interest. Chor Chee Heung, for example, was non-executive Deputy Chairman of Wijaya Baru Global Berhad (Apr’2004 – Jul’2007) and at the same time acted as Chairman of PKA (Apr’2007 – Mar’2008). In fact WBGB, KDSB, WBHSB and WBSB are all related under the umbrella of a common shareholder – Tiong King Sing.

PKFZ Scandal CompaniesStrangely enough, Perunding BE Sdn Bhd was appointed as PKA’s quantity surveyors when it had also acted as the quantity surveyor for KDSB as well. PKA and KDSB also shared the same legal adviser – Rashid Asari & Co.

Issue-6:
Interest on the MOF soft loan will increase the project cost from RM4.947 billion to RM7.453 billion and it seemed like PKA would be almost bankrupt thereafter unless the MOF soft loan is restructured otherwise the project expenditure will balloon to RM12.453 billion. MOF soft loan of 4% per-annum over a period of 20-year will slowly but surely kill PKA of which was already being squeeze by KDSB.

Issue-7:
PKA and Ministry of Transport somehow chose not to comply with MOF’s recommendation to issue government-guaranteed bonds to reduce funding cost. Obviously leakages happened when the illiterate PKA was willing to pay 7.5% per-annum charged by KDSB on deferred payments for the land purchase compared to government-guaranteed bonds coupon rates of 3.80% to 4.27%.

Issue-8:
The land was purchased at value above market value. Apparently KDSB managed to convince (or rather con?) PKA that the land was worth RM25 psf because it has “special value” as if there were huge deposit of gold or oil hidden underground. Earlier JPPH valued the land at RM17 psf in Nov 1998 and RM18 psf in May 2000.

Issue-9:
KDSB may have taken advantage of PKA, which didn’t really care about the project, by overcharged the latter for interest by between RM51 million to RM309 million in regards to the land purchase. The interest has been calculated using 6-monthly compounded basis instead of non-compounded yearly basis.

Issue-10:
DA3, which did not contain detailed specifications and scope of work, was not a “fixed sum” contract. As a result the original estimate of RM1 billion surprisingly ballooned by 21% to RM1.216 billion. KDSB later claimed additional RM121.592 million as professional fees being 10% of the final amount of RM1.216 billion – was this figure (10%) plucked from the sky since it was not mentioned in the DA3 and PKA didn’t even question it? Thus the final development cost increased by 33% from the original estimated amount of RM1 billion to RM1.337 billion. Now, who says making money from the Malaysian Government is difficult?

Issue-11:
PKA again showed its “generousity” when it allowed additional claim of RM95.256 million for general preliminaries although this cost was not specified in the DA. This was not due to stupidity on PKA but a very obvious case of leakages in broad daylight.

Issue-12:
Although KDSB did not deliver three infrastructure components (monsoon drain system, water supply system and two bridges) as specified in the land purchase agreement, the final account did not include any deduction for value of work not done.

Issue-13:
KDSB was awarded the RM1 billion development contract nine months before a project masterplan was finalized. Obviously someone very powerful whose status is nothing less than a minister had a hand on such decision. Your guess is as good as mine.

Issue-14:
PKA may not have received value for money because it depends solely on KDSB as the turnkey developer raising the question what role is PKA playing in this project.

Issue-15:
There was almost no project management and control over the project although this is a multi-billion project. It seemed the main objective was to suck up as much money as possible from the project without concern for the project deliverables.

Issue-16:
Project status as at 31 Dec 2008 – except for LIU with CF, defect liability period has expired and certain defects remain to be rectified.

Issue-17:
PKA has projected that it will be in cumulative cash deficit position in 2012 and will not be able to repay MOF soft loan installments thereafter. Potentially the PKFZ total project cost could skyrocket to more than RM12 billion.

Issue-18:
Ministry of Transport has breached Treasury regulations because it has issued four letters of support to PKA which could be construed as a guarantee that PKA would meet its obligations on a full and timely basis. Ministry of Transport needs Ministry of Finance’s approval before issue such letters.

Issue-19:
To date, PKFZ only managed to attract occupancy of only 14% which is insufficient in generating revenue to cover its operating expenses, let alone in servicing the interest costs.

Issue-20:
PKFZSB is as good as bankrupt because it has incurred losses since its incorporation and has negative shareholder’s funds as at 30 Sept 2008.

So, what’s next, Najib?

This PKA is actually a one big happy family consists of politicians from the current government BN trying to scoop their “ice creams” from the taxpayer’s money.

Politicians involved in PKFZ Scandal

The earlier version of the report may contains statement that indicate former MCA President and Transport Minister Ling Liong Sik issued the first letter of support on his last day as Transport Minister while the remaining three were issued by his successor Chan Kong Choy.

Hence it’s not fair to display the name of Chor Chee Heung (currently deputy Finance Minister) and Taikor BN backbenchers chief Tiong King Sing but also the name of former ministers such as Ling Liong Sik and Chan Kong Choy.

Just because they are no longer the minister and has retired doesn’t mean they’re immune from past involvement as far as the PKFZ scandal is concerned.

To blame the whole scandal on poor and weak management on the part of PKA is simply insulting our intelligence.

You can’t screwed up and pretended nothing happens and nobody will know and keep screwing up until there’s no turning back as can be seen with the current potential RM12.453 billion of cost overrun. That’s more than SIX times of original cost for the project.

And RM10 BILLION is a huge sum that can help thousands of poor citizens .

I’m sure many pockets of those involved would get away free, as usual.

Malaysia IS Zimbabwe by another name, says political analyst

Read here for more in Malaysiakini

"We are like Zimbabwe, just with another name!" says political analyst, Abdul Aziz Bari who is also a UIA law professor

He likened those who hold the reins of power in Malaysia to a bunch of 'thugs'. Elaborating, Abdul Aziz said:

"I don't know how else to call them, sometimes we need to call a spade, a spade.

What we have is a state of lawlessness, it's like the law of the jungle."

According to him, these individuals do as they please without proper regard for the law of the land and the percepts laid down in the federal constitution.

Zimbabwe under President Robert Mugabe has earned international infamy over it's questionable policies and use of the legal system and laws to prop up the government.

He pointed to the recent overturning of the high court decision regarding the Malaysian Anti Corruption Agency's (MACC) right to interrogate beyond office hours as a glaring example.

"It is painful to hear the court of appeal decision. They are using the provision to overrule the high court, saying it is silent on the matter," he told Malaysiakini.

According to the UIA law professor, the court of appeal's recent decision "is a lame decision and in itself a failure to carry out the court's role, namely to fill the gap left by parliament in the statute."

Abdul Aziz is adamant that "the high court decision is to be preferred as it is closer to justice and the spirit of the constitution."

"It is for the court to fill the gap by making a decision that is closer to fairness and justice," he added, though he bemoaned that in Malaysia, "the judiciary takes its cue from the government."

"When you have a judiciary like what we have, what can we do? In normal circumstances you go to court to compel the parties who refuse to do its legal duty to do it. But not in our case," he said.

What is worse, according to Abdul Aziz, Barisan Nasional is "undermining or simply could not care less about the constitution."

"BN has demonstrated complete disregard for the rule of law and supremacy of the constitution, either the letter or the spirit of it," he said.

Abdul Aziz contends that the Reid Commission's original intent was to propagate federalism, this he said permeates through the entirety of the constitution with the express delineation of powers to the state and the federal government.

On a micro scale, he added, this framework of federalism included the issue of the petroleum royalties and funding for states.

Abdul Aziz believes that the BN government is clearly going against the constitution when it set up the JPP (Federal Development Department) which is ultra vires of the defined rights of the states.

He explained that the state has rights to certain grants and funding the federal government sans such 'intermediaries'.

The use of the Emergency Ordinance to define territorial waters in the Kelantan oil royalty issue, he said, is another example of the BN government's disregard for the law.

"Why not refer to the Petroleum Act or the Law of The Sea?" he asked.

In a similar vein, he also criticised the federal government's 'play acting' in making much ado when giving assistance and aid during natural disasters to opposition held states,

"Why the furore, it is their duty anyway, as described in the constitution," he said.

According to Abdul Aziz, this rot of lawlessness goes right down to BN's core which is Umno.

He is of the opinion that the Umno warlords cannot be reformed and as long as they exists, Umno cannot be reformed.

"They simply don't want to do it," he said.

Lesson for Malaysia and Malaysian Judiciary from the Islamic State of Pakistan

A living judgement

by

Shireen M Mazari

PAKISTAN: The Supreme Court decision to declare the NRO as null and void was an extraordinary judgement with in-built implementation provisions, especially with the ongoing judicial supervision of the cases revived again as a result of this unanimous judgement.

The Supreme Court in effect gave a vote of no-confidence to the government and NAB legal teams, as well as highlighting the misuse of authority by former Attorney General Malik Qayoom.

The Supreme Court decision has far reaching consequences with its order to restart the Swiss cases and seek the return of the nation’s looted wealth.

For the people of Pakistan this is a most remarkable salvation of justice and rule of law and ushers a new dawn of an independent and responsive higher judiciary.

It is a sad reflection on the moral bankruptcy of the Presidency that it is sheltering behind the constitutional provision of immunity for the President.

However, while the immunity provision is clear in case of criminal cases, it is not at all clear whether it also applies to civil cases.

But the issue is not one of constitutional protection.

The issue is how the state of Pakistan can be represented with national dignity by a person who has now lost all moral grounds to remain in the Presidency.

It is an issue of credibility and moral stature which must define the office of the President. President Zardari, in the interest of the nation and the President’s office should voluntarily resign.

As for the ministers and other office holders who now stand accused once again on varied charges of corruption, murder and so on, their removal is a necessity.

The Prime Minister needs to move immediately to remove all such persons from the Cabinet. At the end of the day how can any of the NRO accused carry on their functions effectively on behalf of the state and government, at home and abroad? They have lost all credibility.

Pakistan's Supreme Court Fearlessly Upholds the Federal Constitution AGAINST Pakistan President Zadari and the Ruling Party

BREAKING NEWS FROM PAKISTAN !!

16 December 2009

In what has been billed as a verdict that may change the course of Pakistan's political history, the Pakistani Supreme Court on Wednesday declared the controversial National Reconciliation Ordinance (NRO) as against the Constitution, thus putting the PPP parliamentarians and cabinet members and President Asif Zardari in a quandary.

The peak judicial body declared the controversial National Reconciliation Ordinance (NRO) as never to have existed and ordered the federal government to pursue money laundering cases pending in foreign countries, including Switzerland.

In a late-night short order that has no parallel in country’s judicial history, the 17-judge bench, headed by Chief Justice Iftikhar Mohammed Chaudhry, ordered the federal government to take immediate steps to seek revival of the original requests or claims for mutual legal assistance to pursue money laundering cases pending in foreign countries, including Switzerland.

Since the verdict has not directly touched the immunity issue of the president, legal opinion remains divided on whether President Zardari can be prosecuted on the basis of corruption cases as they existed before the promulgation of NRO on Oct 5, 2007.

Similarly, fate of those who were convicted in absentia and are at present members of parliament or even in the cabinet also hangs in the balance and depends on the view and action of National Assembly Speaker Fehmida Mirza and Senate Chairman Farooq Naek.

As a consequence of the declaration, the judgment said, all cases in which the accused persons were either discharged or acquitted under Section 2 of NRO (amendment in Section 494 of the Criminal Procedure Code) or where proceedings pending against the holders of public office had been wound up in view of Section 7 shall revert to the pre-Oct 5, 2007, position.

A number of political leaders and members of MQM were direct beneficiaries of the NRO in thousands of criminal cases that the party has always dismissed as politically motivated, but now stand revived as a result of the verdict.

The court also ordered the federal government and other competent authorities to proceed against former attorney general Malik Mohammad Qayyum by declaring unauthorised, unconstitutional and illegal his acts of writing to various authorities/courts in foreign countries, including Switzerland.

As a consequence of the declaration, the judgment said, all cases in which the accused persons were either discharged or acquitted under Section 2 of NRO (amendment in Section 494 of the Criminal Procedure Code) or where proceedings pending against the holders of public office had been wound up in view of Section 7 shall revert to the pre-Oct 5, 2007, position.

All courts, including the trial, the appellate and the revision courts, were ordered to summon the persons accused in such cases and then to proceed from the stage from where proceedings were closed under the NRO.

The federal government, all provincial governments and all relevant and competent authorities, including NAB Prosecutor General Dr Danishwar, the special prosecutors in accountability courts, the prosecutors general in the four provinces and other officers or officials involved in the prosecution of criminal offenders, were also directed to offer every possible assistance required by the courts in this connection.

The court also ordered the federal government and other competent authorities to proceed against former attorney general Malik Mohammad Qayyum by declaring unauthorised, unconstitutional and illegal his acts of writing to various authorities/courts in foreign countries, including Switzerland.

The court noted that no order or any authority was established authorising the former AG to address unauthorised communications and thus the conduct of Malik Qayyum resulted in unlawful abandonment of claims of the government to huge amounts of the allegedly laundered money lying in foreign countries, including Switzerland.

The court also expressed its displeasure over the conduct and lack of proper and honest assistance and cooperation to the court by NAB Chairman Nawid Ahsan, the prosecutor general of the NAB and of Additional Prosecutor General Abdul Baseer Qureshi. It suggested the federal government to appoint competent, honest persons who fulfil the criteria outlined in Section 6 of the NAB Ordinance. The court asked the government to go through its observations in the Asfandyar Wali case. The verdict regretted that the conduct of NAB’s bosses made it impossible for the court to trust them.

Lawyers Applauded the Supreme Court's Decision

Lawyers have called the decision of Supreme Court on the National Reconciliation Ordinance (NRO) a landmark judgment in the judicial history of Pakistan and the first step toward a corruption-free country.

Former Supreme Court Bar Association president Hamid Khan says the judgment is the outcome of lawyers’ movement which made the judiciary an independent institution. He said President Asif Ali Zardari should step down voluntarily to defend cases pending against him in courts if he held respect for the judiciary.

Lahore High Court Bar Association (LHCBA) Secretary Muqtadir Akhter Shabbir said the court had proved that the doctrine of necessity had been buried forever and there were no privileged classes in the country before the law. He said lawyers were proud of the independent judiciary in the country and would continue to support its decisions.

By annulling the NRO, the Supreme Court has closed the door of corruption in the country for all time to come, said former LHCBA president Anwar Kamal. He demanded that all those holding public positions who took benefit from the ordinance should step down.

Former LHCBA secretary Rana Asadullah Khan said that it had been established that no one had immunity against prosecution.

In a statement, Amjad Malik of the UK Association of Pakistani Lawyers spoke highly of the Supreme Court decision declaring NRO ultra vires.

He said it was a state failure that no reliable mechanism of adjudicating corruption was ensured in the past. “Now we must acknowledge that our system promotes corruption in each class and cadre, and we must deter that activity by mutual political will,” he said.

He said Pakistan must install a mechanism of transparent accountability and all allegations and cases be presented to that body for a fair assessment and adjudication.

World #1 Golfer Tiger Woods Holed EIGHT BIRDIES and Still Counting....

As of today, the newest rumors have Tiger Woods pushed the suspected mistress list even higher.

This weekend's Tiger Woods updates have the mistress list up to 16 in some sources, to start off.

A few days ago, the mistresses were up to 11, according to most. But at least one new one has been mentioned by name, and a few more unnamed women have been suspected as well. Woods' previously had two porn starts linked to him, and the latest update now includes an out-and-out hooker. Read here for more

A Sufi Muslim Father Abetted Death of His Own Daughter

Self-proclaimed Sufi condemns family to death & ruin

By

Zulfiqar Memon

Dec 12 2009

NAWABSHAH, PAKISTAN: The murder of a young girl with her father’s abetment has made the life of Shahzadi, a living hell. Though, Imamzadi is no more in the world but her mother, Shahzadi is guided by her daughter in dreams to keep pursuing justice.

With tears rolling down the cheeks and voice choked with emotions, she told Dawn at the Women Centre Shaheed Benazirabad on Saturday that the 16-year-old Shahzadi had refused to marry the follower of her father which tagged her a ‘kari’.

My innocent daughter was axed to death on July 17, 2006, in village 68 Mori Taluka Daur by the followers of her father, Ghulam Hussain alias Niaz Ali Brohi, she whined.

An intermediate student, she was also getting the training of Lady Health Visitor and was on vacations when targeted, said Shahzadi adding that her husband, a self-proclaimed Sufi, lived with a number of disciples in an abode near their house.

She further said that Basit alias Patasho Chandio, a criminal and a drug addict and her husband’s follower concocted a story over Imamzadi’s refusal to his marriage proposal.

“Basit convinced Ghulam Hussain Brohi, also a drug addict, that her daughter was involved with a man of Rind tribe after which, the two along with others, barged into the house and attacked the girl with clubs and axes even though I kept pleading with the holy book in hands to spare my child but to no avail and the culprits escaped from there,” said Shahazadi between the sobs.

“I was taken to Jam Saheb police station for case registration but few tribal elders forcibly took me away from there and lodged me in Larkana in a sedate condition”, she added.

Later, Ghulam Hussain Brohi along with other culprits persuaded the couple’s 13-year-old son Ahsan into confessing the crime on the plea that juveniles are exempted from severe punishment and kept the woman at different places when she escaped from Hyderabad and reached Nawabshah.

“I met police officials and influential politicians but in vain but somehow managed the bail of my son,” she said. “The accused attacked me when I visited the village, besides hurling threats of dire consequences after which I was sent to Women Centre by Faryal Talpur.”

Manager Women Centre Naseem Hassan Mastoi acknowledged the woman’s account and even approached the DPO, many a time, for justice.

Legal Officer Farhana Erum told Dawn that the FIR was registered on the judge’s order after she filed an application in the Court of Third Additional District and Sessions Judge.

Police did register a case for threatening Ms Shahzadi but no arrests were made even after the second FIR, said Farhana Erum adding that police sent the woman to this Centre up till the time they found a safer alternate for her.

SP Investigations, Shaheed Benazirabad, Aijaz Tareen told Dawn that the police had already registered an FIR on court’s directives against the deceased’s father Ghulam Hussain Brohi, Basit alias Patasho Chandio, Ghulam Nabi Brohi, Hayat Sher, Mubarak Sher and Raheem Bux Chandio.

Culprits nominated in the murder case of Imamzadi would soon be arrested, he said.

How the Taliban Lured Teenagers to be Suicide Bombers

How teenagers were lured by Taliban with artificial 'Paradise'

from

Dawn, Pakistan

Peshawar, PAKISTAN , Dec 11:

An artificial paradise (Jannat) established by terrorists for brainwashing would-be suicide bombers has been captured by security forces in South Waziristan Agency.

The ‘Jannat’ in the Nawaz Kot area was shown to a visiting team of Peshawar-based journalists by ISPR authorities.

The journalists, who were taken to the place in a helicopter on Friday morning, took a round of the so-called PARADISE and later were briefed about the modus operandi for churning out suicide bombers.

The make-believe heaven consisted of four rooms. Each room contained exquisite paintings of lakes overflowing with milk and honey and scenic valleys inhabited by ‘hoors’ (beautiful women).

Religious teachers in the training centre used to show would-be bombers around and dupe them into believing that after their death in suicide attacks their stature would be equal to Sahaba-i-Karaam and that they would enjoy the company of the Holy Prophet (PBUH). The term ‘Sahaba-i-Karaam’ refers to close associates of the Holy Prophet (PBUH).

Boys aged between 12 and 18 were trained to become suicide bombers under the supervision of Hakimullah Mehsud. The TTP chief would keep hammering away at “an unending bliss awaiting you in Jannat dotted with lakes of milk and honey”, said Major Saleem in a briefing for journalists.

He told journalists the building also had a “slaughterhouse” for killing kidnapped security officials. A huge cache of arms and ammunition was seized from there.

In reply to a question, Major Saleem said the security forces faced tough resistance before capturing the militant stronghold. Two bombers and their trainers were taken into custody.

The troops came upon a significant quantity of hashish and compact discs after they set about securing the building. Books and magazines in Arabic, Pushto and Uzbek languages were strewn all over the place.

Later the visiting journalists were taken to Makin and Ziarsar area of Spin Kamar.

Colonel Asif Mehmud, the operation commander, told the journalists that Makin was believed to be the hub of Taliban and the forces overcame stiff resistance before its fall.

Makin harboured a training centre that was run by Baitullah Mehsud when he used to live nearby in the house of his uncle. The forces had taken all hilltops and purged the area of militants, Colonel Mehmud said. Anti-tank mines, rockets, missiles and other weapons of foreign make were shown to the visiting journalists.—APP

Pakistan - A Police State? Similarities with Malaysia

Police State?

Editorial by Dawn Newspaper
12 December 2009

Illegal detention is common in Pakistan and the police force is by no means the only culprit. Intelligence agencies have ‘disappeared’ people across the country on various pretexts and the existence of private jails, particularly in Sindh, is also a fact.

So it comes as no surprise that four people were found on Thursday in the unlawful custody of a police special investigation unit in Karachi’s Saddar area.

But here’s the shocker.

The raid on the Saddar SIU was conducted by a head bailiff armed with court orders for the recovery of the missing persons. Yet the police personnel there refused to hand over the detainees — who had not been officially charged with any crime — insisting that the ‘suspects’ would be produced in court the next day.

Claims by the victims’ relatives that the police are trying to extort money cannot be verified at this stage but that is immaterial in any case. The fact of the matter is that the SIU brazenly disobeyed a court order and the bailiff was left with no option but to leave without the detainees.

Clearly there are many among our police force who consider themselves to be above the law, come what may.

Ask almost any poor or middle-class person if they see the police as protectors and the answer will be in the negative. Instead, the common complaint is that the police’s primary focus is on collecting bribes for minor offences and even framing innocent people in order to extort ransom money.

It is also no secret that anyone with a few thousand rupees in his pocket can convince police officers to pick up a person who may be guilty of nothing more than real or perceived insult.

Personal scores are settled every day in this country with the police acting as middlemen with sticky fingers.

A police station is the first port of call for anyone seeking justice.

But such is the reputation of the force that law-abiding individuals without sufficient clout often suffer in silence instead of reporting crimes against their person or property. Will this sorry state of affairs ever change?

Pakistan: Judges on Trial in the Court of Public Opinion - A Commentary

Judges on Trial

by

Kunwar Idris

Statements by lawyers, observations by judges and ceaseless TV talk-shows appear to have given rise to a general expectation that the Supreme Court’s ruling on the National Reconciliation Ordinance(NRA) is going to transform the country’s constitutional and political landscape.

That is unlikely for the simple reason that the court can only interpret the constitution and not amend it, much less enact a new one.

Further, the court can disqualify an erring leader but cannot name another to replace him, nor can it direct the policies of political parties.

All that the Supreme Court (SC) is expected to do (and that much it must) is to decide whether the purpose and contents of the NRO are in violation of the constitution. The government counsel Kamal Azfar’s argument of the country being at a ‘crossroads’ where one road leads to stability and another to disaster sounds like harking back to the doctrine of necessity yet again.

Once the Supreme Court (SC) has ruled on the constitutional question, it should be left to the lower courts and the legislative and executive organs of the state to deal with the consequences of the findings.

If the SC were to take upon itself the task of determining the fate of thousands of people who have profited or lost from the NRO, it would be left with no time to hear the huge pile of other cases where litigants may have been waiting or languishing in prison and even on death row for years.

There is yet another and weightier reason for the SC not to probe into the culpability of individuals: it is believed by many that most judges on the bench could have a personal grievance against the author of the NRO or its beneficiaries. At best the SC may give time-bound instructions for disposal of cases to the subordinate courts or tribunals.

It is important for the SC to demonstrate its judicial detachment notwithstanding the insult or outrage its judges might have suffered at the hands of the people who are now arraigned before it.

Surely all the 17 judges on the bench would be conscious of the principle Lord Hewart enunciated a century ago:

‘It is not merely of some importance but is of fundamental importance that justice should not only be done but should manifestly and undoubtedly be seen to be done.’

Equally relevant is what an American supreme court judge had to say:

‘We are final not because we are right. We are right because we are final.’

Thus, in a manner of speaking, the judges are on trial in their own court.

A point more important than judicial detachment worth making is that the judges must not take over the legislative and executive functions of the state. Besides the principle of it, they do not have the means to enforce their orders.

The SC and high courts could only watch when their orders on the price of sugar were disregarded. There were too many people defying court orders to be hauled up even for contempt. And how the consumers wished the courts had never intervened for it only drove the price up.

The scrutiny of the NRO, however, provides a grand opportunity to the Supreme Court to lay down a framework for managing the affairs of the state in which all citizens get equal and fair treatment not just under the law but also under administrative rules and practices. The principle underpinning the framework should be that power is derived from laws and vests in institutions. Discretion of individuals — howsoever important — is circumscribed.

The issue of concern to the common man at the moment is not the form of government or whether executive authority is vested in the president or the prime minister but lack of trust between the government and the people at large.

For the last two years the GOVERNMENT (for the common man government includes the courts and parliament) has been dealing with its own problems rather than that of the public, and the standards of governance have fallen to an all-time low.

Here are a few examples randomly picked from daily life.

1. Most appointments in public service — almost all in lower grades — are made on personal or political grounds. Interestingly enough, PPP ministers in the Punjab coalition government have publicly complained that they are not being given their quota in jobs for their kin and workers.
   
   
2. At a higher plane, in the recent large-scale promotions to the rank of secretary every factor seems to have weighed in but merit.
   
   
3. Every house in Islamabad has been allotted by the works minister at his discretion. Then there is an abundance of ministers — four for religious affairs alone. There is also a minister for special initiatives.
   
   
4. The president’s secretariat, houses of parliament and government departments owe billions of rupees to the electric supply companies but 45,000 schools in Sindh alone are said to be without electricity or water for non-payment of bills.
   
   
5. Karachi’s city government has been building medical colleges and cardiac and trauma centres in fairly well-off localities while Machhar Colony, a slum of half-a-million inhabitants, does NOT even have a dispensary.
   
   
6. The federal, provincial and city governments, port trusts and cantonment boards have been building flyovers, expressways and parking lots for the convenience of motorists but have provided just 50 buses for the public in eight years.

The Supreme Court can make a lasting contribution by laying down a system that makes future governments more caring and less extravagant.

Afghanistan: Post-American Withdrawal Scenarios

Post-American scenarios in Afghanistan

by

Ilhan Niaz
( Ilhan Niaz is an assistant professor of history at the Quaid-i-Azam University, Pakistan)
niazone80@gmail.com

This article first appeared in Dawn newspaper ( 13 Dec 2009) . Read here

After three decades of turmoil, violence and killings, Afghanistan is still at war. A powerful foreign occupation force continues to hold in place a local collaborationist dispensation with few roots and even less demonstrable competence. Democratic development has replaced despotic Islamic rule which earlier replaced a socialist paradigm as the slop of the day dished out for public consumption.

The Islamic warriors who blunted and frustrated the armies of the ‘Evil Empire’ are now the ‘evil doers’. The other great enemies of the ‘Evil Empire’, namely the United States and its allies, once the benefactors of today’s terrorists have replaced the Soviets as the occupying force.

As guns and drugs boom, the writ of what is generously called the Afghan government is practically non-existent outside Kabul. Warlords, mafias and insurgents control 80 per cent of the territory and feed off the presence of the occupation forces. The reality is that a failing occupation is trying to prop up a failed state.

The Obama administration’s new surge-and-exit strategy reflects the exasperation of the western alliance as it struggles to balance the politically feasible with the militarily necessary. At least as far the exit part of the strategy is concerned the US and its allies are condemned to succeed. When it comes to leaving behind a stable, legitimate and semi-functional Afghan state, the alliance is almost certain to fail.

The new strategy is in part driven by domestic compulsions as Obama struggles to rein in US militarism and adjust overseas commitments to political will and economic capacity. The surge is designed to show that Obama is tough and determined. The exit part is meant to placate a war weary public in time for the 2012 elections. Of course, at a declaratory level senior members of the administration, including the secretary of defence Robert Gates, are putting a brave face on the situation and assuring their allies and Karzai that the United States is in it to win.

These assurances are hollow. The fact is that the United States is leaving Afghanistan. Starting in July 2011 the drawdown will begin. For Karzai and his regime the final countdown has now begun and the American exit amounts to a death sentence. All the Taliban have to do is wait another 18 months, lie low and melt into the local population while stockpiling arms, ammunition and funds siphoned off from drugs and Nato contractors in preparation for the re-conquest of their country.

There is no evidence that the Karzai regime, which is now handicapped by a newfound illegitimacy following the fraudulent August 20 elections in addition to its longstanding incompetence, has the ability to rise to the occasion or the will to at least try and set things in order.

If anything, the Karzai regime’s position is analogous to that of the South Vietnamese regime of President Thieu in 1972. Afghanistan’s narco-warlord elite now has an even greater incentive to loot as much as they can before the protective shield of the American and allied militaries evaporates and the Taliban onslaught begins again. Depending on the amount of damage the United States can inflict over the next few months a decent interval between imperial withdrawal and neo-colonial collapse may yet be secured. It is unlikely though that the regime left behind will be able to profit sufficiently from a prospective breather.

At one level, Musharraf’s strategy of hedging Pakistan’s bets in Afghanistan seems to have been based on a fairly realistic appraisal of what was politically and militarily possible for the western alliance.

For Pakistan there can be no exit strategy from the Afghan quagmire. The double policy to the extent it could be sustained meant that no matter who won in Afghanistan Pakistan could claim to have helped the winning side. Now that the Americans have served notice that they will start vacating in 18 months Pakistan has every incentive to accelerate its campaign against those militants working against itself while leaving the Afghan Taliban alone.

There are a number of post-American scenarios that Pakistan is now compelled to contemplate.

1. The first and most alarmist scenario is that the US withdrawal from Afghanistan will lead to a fundamental realignment of the regional political and societal equilibrium with Afghanistan and Pakistan going down like dominoes before a reenergized Taliban/Islamist/Jihadist push. This scenario is premised on the notion that it is the United States that has through military and economic exertions been containing a radical avalanche. Once that exertion ceases nature will take its course and fundamentalists and extremists throughout the Muslim world will be heartened by this victory and intensify their struggle for power.

2. The second scenario signals a return to the 1990s when Afghanistan’s neighbours were fuelling its internal conflicts. Russia, India and Iran would presumably support the Northern Alliance and Karzai. Pakistan may well be induced by residual US pressure to maintain a policy of malevolent neutrality and thus contribute covertly to Taliban resurgence. In this scenario attrition on all sides is likely to be high and Pakistan’s own extremists may well redirect their energies towards helping the Taliban seize control of Kabul and defeat the Northern Alliance. This could well relieve pressure on Pakistan though its rulers may not possess the political will or the administrative capacity to benefit strategically from such a reprieve.

3. The third scenario is that all the regional and Nato powers are able to work out a negotiated settlement although such attempts in the past have failed miserably. As long as the Afghans are determined to kill each other, there is not much that regional powers can do in diplomatic terms to stop them. Then, Pakistan-India disagreements over Afghanistan constitute a major obstacle. Any serious attempt at negotiating a power-sharing arrangement between the Taliban and the North Alliance is highly improbable to succeed.

4. The fourth scenario is that the US withdraws ground troops but keeps its drones, air force and special operations in play. Such a strategy would mean aligning with the Northern Alliance against the Taliban and containing the latter through air power, limited ground engagements and missile strikes. Thus, the US would almost completely ‘Afghanise’ the conflict and become a permanent party to a long running civil war. The effectiveness of such a strategy is open to question but it would allow the American leadership to defend itself against the charge that it had abandoned Afghanistan. It may also substantially delay the liquidation of the Karzai regime and the defeat of the Northern Alliance warlords.

5. The fifth scenario is that the US disengagement from Afghanistan and Iraq by 2011-12 will remove the rationale for extremist militancy and enable local powers to deal more pragmatically with such elements. This scenario is based on the premise that it is the West’s own imperialism that is primarily responsible for facilitating the spread of radical Islam which can then project itself as a successful resistance movement. Once the onslaught ceases the logic of resistance will be rendered inoperative. This is perhaps the most optimistic of all the scenarios.

Of course, all five of these scenarios are at this stage mere speculation. They are not necessarily mutually exclusive and a lot can happen in three years though it seems unlikely that there are any good options left to exercise.

One can only hope that those in authority are seriously thinking about the post-American post-occupation regional configuration with particular reference to Afghanistan with the aim of at least trying to arrive at a workable and inclusive solution in accordance with enlightened self-interest.

Or, Pakistan and other regional powers can wait until the Americans leave and once again plunge into the strategic depths of Afghanistan.

In either case a war that began in 1979 and is now in its thirtieth year may well still be raging in 2039.

- Ilhan Niaz

Teoh Beng Hock Has Returned to the MACC Office !

Read here for more in Malaysiakini

LATEST :

The embattled Malaysian Anti-Corruption Commission (MACC) chief Ahmad Said Hamdan has opted for early retirement and he is to be replaced by his deputy, Abu Kassim Mohamed. It is learnt that Ahmad Said, 57, would begin his leave starting Dec 14.Ahmad Said has been under tremendous pressure from the opposition to quit after Malaysia plummeted in the Transparency International ranking by nine places from last year's 47^th to 56^th in its global corruption perception index. Said Hamdan has opted for early retirement and he is to be replaced by his deputy, Abu Kassim Mohamed. Read here for more

The tragic case of Teoh Beng Hock has taken a supernatural twist, with three individuals reportedly having seen his spirit roaming in the Malaysian Anti-Corruption Commission's Selangor headquarters in Shah Alam.

According to China Press, his apparition was spotted on the fifth floor of Plaza Masalam, where his remains were found, and on the 14th floor, where the MACC office is located.

The report said a security guard and two MACC officers had bumped into the spectre.

The sightings took place sometime in October, more than two months after the 30-year-old's death.

The security guard, who wished to remain anonymous, said he did not see Teoh's face, but the apparition was clad in the same clothes which the deceased had worn when he came to the MACC office.

"I saw his dead body after the fall. I am sure that it was Teoh even though I could only see him from the back," he said, adding that the incident happened around 6.30pm.

Recalling the spine tingling encounter, the security guard said he went to the washroom located on the fifth floor where he suddenly heard footsteps. The other officers were not on duty at the time.

"I had a strange feeling. Usually at that time, nobody would be around. So I walked out of the toilet... then I saw a man in front of the lift, he was wearing a black coat and white pants," he said.

At that point, it did not strike the security guard that this could be Teoh's spirit.

"I asked where he was going as no one was upstairs. He just answered 'I am going upstairs', the lift door opened and he went in. That was when I thought it could be Teoh, so I rushed to the security room to check the CCTV and saw there was nobody in the lift," he said.

The security guard also related the experience of a MACC officer.

"He was sitting on the sofa watching TV when he suddenly felt something biting his neck, and when he checked, he found a red mark on his neck. When he was sitting in the reception area, he saw Teoh walk out from the office. Then the officer felt as if someone was pulling his leg. He got scared and rushed out," he said.

Following this, the security guard said the officer requested for a transfer to the MACC headquarters in Putrajaya and "never came back."

Teoh, who was the former aide to Selangor exco Ean Yong Hian Wah, was found dead after a marathon questioning session by MACC officers which dragged into the wee hours of the morning.

Although the official version is that Teoh had committed suicide, his family refused to believe that the father to be, who was slated to get married the next day, would take his own life.

Following a massive public outcry, the government ordered for an inquest to be held to determine the cause of death.

Teoh's remains were exhumed for a second post-mortem after renowned Thai pathologist Porntip Rojasunand made the startling revelation that there is an 80 percent probability of homicide.

The inquest continues on Dec 9.

MUST READ ARTICLE!! Why the Malaysian Project Needs Rescuing

Read here for more in "The Other Malaysia" blog by Dr. Farish Noor

Quote

"...Let us remember that nations only exist as long as we BELIEVE in them.

Malaysia is most in danger not when it is under attack, but rather when we stop believing in a Malaysian project.

We - citizens - are the building blocks of the nation and we constitute Malaysia and Malaysian identity. We also hold the key to Malaysia’s future. To determine how and where this country heads in the future is therefore the collective responsibility of all Malaysians and those who recognise themselves as such; and our agency and responsibility implicates all of us in the grand project that is called nation-building.

How then are we to salvage the Malaysian project? Faith is required and we need to believe in the power of individual human agency and its transformative potential as a tool for politics and nation-building.

Change can only happen if and when we believe in it, and that it is worthwhile and necessary. At a time when Malaysian politics is characterised by the worst and narrowest forms of provincial sectarian and communitarian thinking; with groups calling for narrow ethnic-linguistic ghettos and enclaves; when communitarian distrust leads to repugnant expressions of ethnic and racial supremacy and bigotry; this is when rational human agency is needed more than ever.

Now more than ever we need to believe that Malaysia and the Malaysian project can be rescued and is worth rescuing. Failure to do so leads us down the path of defeatism and fatalism.

That would be the cultural suicide of a nation, and the biggest betrayal of Malaysia yet.
- Dr. Farish Noor

Faith and the Nation: Why the Malaysian Project Needs Rescuing

By

Farish A. Noor

Reading the comments that we received after the posting of the note ‘Migration as Protest’, we were somewhat dismayed at the overall negative tone of so many who wrote in to say that they were despondent and had given up with the Malaysian project itself, to the point where many Malaysians were contemplating of leaving the country for good.

That this can come at a time when the Malaysian project is still being debated and contested in the public domain does not bode well for a country that is, after all, only half a century old. Have we, as a nation, grown so jaded and pessimistic already?

Let us remember the crucial fact that all nations are imagined entities that are composite and put together via the collective aspirations of its members. And let us remember that nations only exist as long as we believe in them.

To paraphrase Nietzsche: Once we begin to doubt and question the existence of God, then God is, in a sense, already dead to us. Likewise nations are sustained by faith and belief, and faith that is translated into action and commitment.

Malaysia is not made up of the buildings, towers, shopping malls and highways that dot our urban landscape. Those edifices do not even know that they are part of the Malaysian landscape, in fact they dont know anything at all.

But we - citizens - are the building blocks of the nation and we constitute Malaysia and Malaysian identity. We also hold the key to Malaysia’s future and we are responsible for the twists and turns the country had made in the past.

To determine how and where this country heads in the future is therefore the collective responsibility of all Malaysians and those who recognise themselves as such; and our agency and responsibility implicates all of us in the grand project that is called nation-building.

While working and living abroad may be an option for some who cannot find a better means of earning a living at home, it would be wrong to say that that is the only way that one can get one’s voice heard in the country. In any case, one can remain a member of a virtual national community even when abroad, and many of us have done so for decades now.

Let us remember that when Malaysia’s independence was being fought for, the proto-nationalists of the past were not only struggling in Malaysia but many of them were also carrying out the struggle in neighbouring Indonesia, India, England and in other parts of the world. What unites us is not geographical proximity but rather a proximity of commitment and aspirations; the yearning for a Malaysia that is home to all.

It is that longing for a Malaysia that is home to all that is under threat at present, and as I mentioned in the earlier abovementioned article, Malaysia is most in danger not when it is under attack, but rather when we stop believing in a Malaysian project. At that point there is nothing that can sustain a national narrative and all the shopping malls and super-highways cannot put the national imaginary together again.

How then are we to salvage the Malaysian project? Faith is required and we need to believe in the power of individual human agency and its transformative potential as a tool for politics and nation-building.

Malaysia, like all nation-states in the postcolonial era, is an abstract concept that is non-essentialist and certainly not historically determined. The country could have evolved in a million ways, and that potential for change remains there. But change can only happen if and when we believe in it, and that it is worthwhile and necessary.

At a time when Malaysian politics is characterised by the worst and narrowest forms of provincial sectarian and communitarian thinking; with groups calling for narrow ethnic-linguistic ghettos and enclaves; when communitarian distrust leads to repugnant expressions of ethnic and racial supremacy and bigotry; this is when rational human agency is needed more than ever.

Yet the catalyst and prime mover of this rational agency is something subjective that cannot be qualified or determined by technocrats or politicians; and yet is so vital: Faith. Believe, my friends.

Now more than ever we need to believe that Malaysia and the Malaysian project can be rescued and is worth rescuing. Failure to do so leads us down the path of defeatism and fatalism.

That would be the cultural suicide of a nation, and the biggest betrayal of Malaysia yet.

The International Community Will NEVER Trust the Word of our Malaysian Government

Read here for more article by Debra Chong in "Malaysian Insider"

Quote

"....Twenty years ago today, Malaysia made a pact to put an end to an armed conflict that was costing incalculable damage to lives and the country’s economy.

Testimonies from key players behind the peace treaties also revealed that it was the Malaysian government that made the overt gesture to extend the olive branch to the communists even though it knew it would face strong objections from the people, especially staffers from the security forces.

But today, the Federal government has gone back on its word in its repeated refusal to allow Sitiawan-born Chin Peng to return home and, in the process, may have caused irrevocable damage to Malaysia’s reputation as a democratic country.

The three-way treaty, also known as the Hatyai Peace Accord, was met with international support then.

In a nutshell, the two countries agreed to stop hunting down CPM members, who had been waging a jungle war against the governments for over 40 years.

The guerrillas were allowed to settle down and live peacefully in a country of their choice and their slates wiped cleaned.In return, they must dispose off their weapons and swear to be loyal to King and country and follow the rule of law.

The present administration led by Prime Minister Datuk Seri Najib Razak appears to have been swayed by sentiment to keep the former Public Enemy No. 1 from stepping foot on Malaysian soil.

His deputy, Tan Sri Muhyiddin Yassin, has repeatedly echoed the misconceived view that “forgiveness” is a prerequisite to allowing the 85-year-old communist leader back. It is not.

It is also not known if the present leaders have read the two documents for themselves.

The government must keep in mind that it is bound by a contract, even if it was signed ages ago.

If it does not keep its part of the deal, it can only lead to one conclusion, which will have very far-reaching consequences on all future agreements..."

What price Malaysia’s honour?

Twenty years ago today, Malaysia made a pact to put an end to an armed conflict that was costing incalculable damage to lives and the country’s economy.

The two-document deal, inked in a small hotel in Hatyai, bore the names of Malaysia’s highest-level government officials, their Thai counterparts and the leaders of the Communist Party of Malaya (CPM).

The first document, termed the “Agreement Between The Government Of Malaysia And The Communist Party Of Malaya To Terminate Hostilities” was signed by the then home affairs ministry’s secretary-general Datuk Wan Sidek Wan Abdul Rahman, chief of defence forces General Tan Sri Hashim Mohd Ali and police inspector-general (IGP) Tan Sri Haniff Omar.

A second document, detailing the terms and conditions of the peace treaty, was signed by then deputy IGP Datuk Rahim Noor and the director of Special Branch (SB) Datuk Zulkifli Abdul Rahman on behalf of Malaysia and Chin Peng (pic, left), the CPM secretary-general, and central committee comrade, Rashid Maidin, on the same day and in front of the Thai government.

The three-way treaty, also known as the Hatyai Peace Accord, was met with international support then.

In a nutshell, the two countries agreed to stop hunting down CPM members, who had been waging a jungle war against the governments for over 40 years.

The guerrillas were allowed to settle down and live peacefully in a country of their choice and their slates wiped cleaned.

In return, they must dispose off their weapons and swear to be loyal to King and country and follow the rule of law.

But today, the Federal government has gone back on its word in its repeated refusal to allow Sitiawan-born Chin Peng to return home and, in the process, may have caused irrevocable damage to Malaysia’s reputation as a democratic country.

Article 3 on the one-page first document states: “Members of the Communist Party of Malaya and members of its disbanded armed units, who are of Malaysian origin and who wish to settle down in MALAYSIA, shall be allowed to do so in accordance with the laws of Malaysia.”

In the second document, the terms are laid out more clearly for those who want to live in Malaysia.

Ex-CPM members have a one-year grace period to decide where they want to live: in Malaysia, Thailand or elsewhere and arrangements shall be made to fulfil their wishes.

The Malaysian government is to supply the necessary identity cards to those who want to return; and shall replace the documents for those who lost theirs, after verification.

Chin Peng, who has since reclaimed his given birth name of Ong Boon Hua, had applied to return to Malaysia, which the IGP Haniff acknowledged in an NST report dated April 28, 1991.

“Chin Peng submitted his application quite late ... towards the end of the period,” the English daily quoted him saying then.

On Sept 9 that same year, NST reported then Special Branch director Datuk Zulkifli Abdul Rahman as saying Chin Peng’s application “was being processed” and would be given the same treatment as the rest, after announcing that the first batch of 13 ex-CPM members had returned home.

The next day, IGP Haniff was reported saying Chin Peng’s application was being “studied.”

In the end, the cops denied the communist leader had ever put in his application to return.

Chin Peng mooted a suit in 2005 that also failed when the Federal Court upheld two lower court judgments requiring him to produce his birth certificate to prove his citizenship claim, despite his argument that he had lost them during World War II when he left home to fight the Japanese army.

The Malaysian Insider recently received a bundle of documents from Chin Peng’s lawyers, including copies of declassified information, which showed the government flipping and flopping over his status in the years that followed the signing of the deal.

Among them were documents to support his claims to having been born here, such as his parents’ Malaysian citizenship papers, his mother’s Malaysian passport and his only son’s Malaysian birth certificate.

Testimonies from key players behind the peace treaties also revealed that it was the Malaysian government that made the overt gesture to extend the olive branch to the communists even though it knew it would face strong objections from the people, especially staffers from the security forces.

The story began in 1986, when Rahim Noor was appointed to head the Special Branch (SB), the covert operations branch of the police force.

It was he who came up with the idea to put an end to the protracted fight with the CPM through a peace treaty, even though he knew very well the sentiments of the people, the police and the army, who were the ones at the frontline and had been victims of the communists.

The CPM guerrilla movement was still strong then. Their jungle warfare tactics effectively prevented the government from developing the more rural areas, which Zainuddin Maidin noted in his book “Unsung Heroes” published by Utusan Publications & Distributors Sdn Bhd.

Zainuddin was at the time of the peace negotiations the Group Editor of Utusan Melayu, and one of several media bosses who was enlisted by Rahim to help soften opposition towards the government’s initiative for peace talks with the communist party.

The others were V.K. Chin from The Star, A. Kadir Jasin from NST and Bernama’s Abdul Rahman Sulaiman.

In his book, Zainuddin wrote: “According to the Special Branch’s estimates, it needed no less than one million ringgit to kill one communist terrorist, an amount which covered the cost of espionage and hunting down.”

Zainuddin said Rahim knew the risks he was taking but pushed for the talks because he felt the pros outweighed the cons.

Dr Mahathir Mohamad’s administration at that time was being challenged from within by Tengku Razaleigh Hamzah, which threatened the political stability of the Federal government.

Rahim was convinced that if the CPM could be persuaded to come to the table and agree to lay down their arms, the country would be “forever free” from communist militancy.

He proposed it to the PM and received Dr Mahathir’s full support to pursue the project, which was proven in an official letter addressed to him much later.

In a letter dated August 21, 1989, Dr Mahathir commended the cop who by then held the rank of deputy IGP for the “substantial progress made in the on-going negotiation with the CPM.”

Rahim could not have done it alone, of course. A couple of years earlier, he roped in the SB’s expert interrogator, Yau Kong Yew, who had successfully rehabilitated many CPM members and was on the verge of retiring from the force, to help bring Chin Peng to the table and talk peace.

The Thai government was also enlisted because they, too, were facing civil unrest in the southern states bordering Malaysia caused by rebels who were working with CPM’s 10th regiment to create a self-ruling Muslim state.

The three-way negotiations proper started in February 1989 and lasted all the way to November that year.

Minutes of the truce talks recorded in senior Thai army General Datuk Kitti Ratanachaya’s book, “The Communist Party of Malaya, Malaysia and Thailand: Truce Talks Ending The Armed Struggle of the Commumist Party of Malaya”, revealed the Malaysian government’s reasons for pushing the talks despite strong opposition from their countrymen.

Rahim, who played a key role as Malaysia’s chief negotiator, proposed that the signatories be civil servants and not politicians in order to “avoid undue adverse political repercussions”.

The present administration led by Prime Minister Datuk Seri Najib Razak appears to have been swayed by sentiment to keep the former Public Enemy No. 1 from stepping foot on Malaysian soil.

His deputy, Tan Sri Muhyiddin Yassin, has repeatedly echoed the misconceived view that “forgiveness” is a prerequisite to allowing the 85-year-old communist leader back. It is not.

It is also not known if the present leaders have read the two documents for themselves.

The government must keep in mind that it is bound by a contract, even if it was signed ages ago.

If it does not keep its part of the deal, it can only lead to one conclusion, which will have very far-reaching consequences on all future agreements.

UPDATED: Biro Tata Negara (BTN) Courses Taught to Brainwash Malay Kids to Hate Chinese Malaysians

THIS UMNO-Deputy Prime Minister, Muhyiddin Yassin,
DEFENDS BTN's Racial Brainwashing of MALAYS
to HATE and DESPISE ALL CHINESE Malaysians


NOTE:

Biro Tata Negara (National Civics Bureau, or simply BTN) is an agency of the Malaysian government in the Prime Minister's Department. It was established in 1974 as the Youth Research Unit (Unit Penyelidikan Belia) under the Youth Ministry, but was renamed and transferred in 1981.

BTN's stated objective is to nurture the spirit of patriotism and commitment to excellence among Malaysians, and train leaders and future leaders to support the nation's development efforts.

BTN's programmes are controversial, and many accuse them of promoting ketuanan Melayu and the governing Barisan Nasional.

On 25 November 2009, the Selangor state government issued a ban prohibiting state civil servants, employees of state subsidiaries, and students at state-owned institutions from attending BTN courses. Read here for more

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• Let truth be told: the truth behind BTN by Raja Petra Kamarudin in Malaysia Today
  
  "...The Deputy Prime Minister says one thing. The BTN website says another. No, let not the words come out of my mouth. Let it instead come out from the ‘mouth’ of the BTN website (http://www.btn.gov.my/). Let the course module speak for itself. If you are not clever enough to read between the lines and catch the subtle message in this BTN website, then you are not smart enough to be a Malaysia Today reader...." Read here for more
  
  
• BTN -- Between true education and indoctrination by Dr. Azly Rahman
  
  These days, the idea of Ketuanan Melayu is going bankrupt, sinking with the bahtera merdeka. It works only for Malay robber barons who wish to plunder the nation by silencing the masses and using the ideological state apparatuses at their disposal.
  
  In the case of the BTN it is the work of controlling the minds of the youth. The work of BTN should be STOPPED and should NOT be allowed anymore in our educational institutions.
  
  It is time our universities especially are spared of counter-educational activities, especially when they yearned to be free from the shackles of domination. Look at what has happened and what is still happening to our institutions with the University and University Colleges Act and the Akujanji Pledge...." Read here for more
  
  

BTN Taught Me the CHINESE are the "JEWS OF ASIA "

by

Asrul Hadi Abdullah Sani

Read here in Malaysia Insider

I am one of the privileged few to have attended a local public university and learned the meaning of hate, thanks to the ever popular Biro Tata Negara.

All undergraduates were forced to attend this programme or else they would not be eligible for graduation.

The BTN under the Prime Minister’s Department brought in “intellectual” speakers who were supposed to enlighten the students about the meaning of being a Malaysian but instead it felt more like a communist propaganda camp brainwashing those attending about the importance of “Ketuanan Melayu”.

The camp would usually take place during the weekends. Students would have to register early in the morning and the programme would last the whole day.

The organisers were always on their guard, asking participants to show their student identification cards each time they entered the hall, fearing the presence of outsiders.

In the hall, students were asked to turn off their mobile phones.

During the lectures, questions were planted among the audience and the students were advised not to ask any other questions.

One speaker began with the history of Malaysia and how much the country had gone through, always emphasising the May 13 riots.

He stressed the point of how much the Malays had sacrificed and how the community should be united especially from outside threat — the Chinese community.

He said that the Chinese community were “the Jews of Asia” and were just itching to take over when Malays were disunited and broken.

The speaker also revealed a greater Chinese conspiracy where the Chinese Malaysians were working together with Singapore to topple the Malay government.

“Do you want to become like the Malays in Singapore?” he asked.

He also went so far as to criticise Malay girls for dating boys from other races.

He added that they should not be cheap and embarrass their families.

Once, a student told the speaker that as Muslims, we should also respect other races who are also Muslims.

“All Muslims are Malays so it does not matter if they are Chinese or Indians. If they are Muslims then they are Malays,” the speaker replied.

This is why I was relieved when I learned that the Selangor government had moved to ban its civil servants, employees of state subsidiaries and students at state-owned education institutions from attending any BTN courses with immediate effect.

However I believe racism in varsities does not end at BTN because classrooms have also become victims of ignorant scholars.

My friend was verbally abused during his sociology class when he did not agree with the points made by his lecturer.

“You must be DKK,” the lecturer told him.

“What is DKK?” he asked.

“You must be darah keturunan keling (descendents of Indians),” the lecturer said, pointing to his dark skin.

My Saudi friend was also shocked by the comments made by his lecturer in his Islamic civilisation class.

“We should save our Orang Asli from the Chinese people. They are like the Palestinians and the Chinese are Israel. We must fight the Jews,” the lecturer told his students.

The lecturer even failed one of his students in his oral exam when he quoted a Western scholar in his presentation.

“You should be ashamed of yourselves. You are a Muslim and should only use Islamic scholars,” he scolded the student.

I was personally saddened when my Islamic law lecturer compared Christianity to Head & Shoulder’s 3 in 1 shampoo in referring to the religion’s Holy Trinity.

I feel that racism has been institutionalised in our country and that BTN is only the tip of the iceberg.

Deputy Prime Minister Tan Sri Muhyiddin Yassin defended BTN yesterday and claimed that it was not racist but is line with the 1 Malaysia concept.

I have to humbly disagree and would like to suggest maybe the ministers should bring their overseas children home and let them have a taste of what BTN is.

Related Article

The Truth about BTN

by

Mohd Azrul Abu Hassan

Read here for more

Excerpts:

The difference between the two BTN courses I attended is actually the age group. The first course was attended by pre-U students while the second one mostly comprised post-graduate students. The level of maturity of the participants in the two courses was obvious but still I could find a “gila kuasa” Penghulu making a fool of himself.

The second course gave us some real life stories in which I found really helpful. They included Namawee’s “Negarakuku”, the Kampung Baru incident, corruption statistics (with the then-ACA being the most corrupt) and others. Then we were separated into smaller groups of 10 to 15.

Now comes the bad part.

It was really weird when the groups were distributed, the non-Malays (including Sabah and Sarawak Bumiputeras) were grouped together in one or two groups. I was quite angry not to be part of the non-Malay group so that I could mingle with them more. (And, of course, the girl I fancied went to that group as well). Later, I realised why the distribution is like so.

From the two courses I attended, both facilitators that I got were downright RACISTS! In the first course in Balik Pulau, there were two Chinese girls in my group but that didn’t stop the fascist facilitator from bashing the Chinese and Indians as “bangsa pendatang” and making racist comments.

Since I had enough of him, I planned to question his motives but I didn’t want to embarrass him in front of the group and so I asked him one plain question right after the scheduled brainwashing class.

He was commenting on the way how “DAP-Cina” will administer the federal government. DAP was labelled as a communist party that will only anger the Malays because of its principles. And so, I asked him:

“Kita sekarang ni di Balik Pulau. Kenapa saya lihat kawasan di Balik Pulau ni seakan tidak maju? Dan rata-rata penduduknya orang Melayu.

Kenapa Umno biarkan Gerakan ‘tindas’ orang Melayu dan orang kampung di Balik Pulau dari segi pembangunan?”

Do you know what he answered?

“Kita sedang pantau mereka. Umno sedang pantau mereka…”

What is that supposed to mean?

Pantau? Is that the best you can do?

Just now you were talking your racist head out like the world is yours and now you are telling me the best you can do to the Chinese Penang government is to monitor their progress? Just because they are part of BN?

Why can’t you say the same about DAP?

I think he got a taste of his own medicine. He wanted to be ultra-Umno, ultra-Malay but deep in his heart, he knows that, being a big-headed veteran, we are all Malaysians after all and he shouldn’t play the racist card as he will end up answering tough questions like that with stupid answers like so.

I did nothing but shake my head and a slight smirk on my face.

BTN is such a good way to promote unity and to remind us of the sacrifices our forefathers made in order for us to enjoy peace and harmony in Malaysia.

However, these fascists who are roaming around freely trying to “convert” the participants into being anti-non-Malays have tainted the BTN image. They shouldn’t be allowed to even step foot on Malaysian soil at all!

Then, there was one question that the group had to answer, the one big fat question that all participants will be talking about after the course.

I knew right from the start that the answer was going to be:

“C: Give the project to the government-friendly consortium although it has poor knowledge and expertise about the project.”

It is because I know A and B had the keywords “Opposition” and “Foreign Company” respectively, and after all we only just had a so-called “healthy” one-way discussion with The Fascist so I urged the group to just pick C so that we could all go for an early lunch!

Apart from my own experience, I was told by a friend that her Muslim friend was asked one question that goes “If you have to choose one, would you pick the country first or your religion first?”

Being a boss for some time in a multinational company, she answered: “Islam first”.

“Are you sure?”

“Yes, I will pick religion over country.”

“Why? Without our country, there will be no Islam!”

“No, I will choose Islam over country at all cost. I am a Muslimah.”

Muslimah indeed, not your Dina Zaman-like “Muslimah”.

And then The Fascist started sobbing and crying. When I heard that I was like?

“What? This is new! Now they are rejecting Islam over BN? Ya Allah! Crying some more?”

So yeah, I’m not saying that all facilitators are like that. I would say most of them are like that.

Depends on which group you are in.

I bet the facilitator in the non-Malay group would be more 1 Malaysia.

It’s sad… because I want to see more of the Komandos and the great people among the participants. Hey, I made many friends from the BTN courses (and many annoying ones too).

The fact of the matter is, BTN is great when the racial card is not played.

I am not sure if we are provided booklets to hate the Opposition nowadays, as reported by some (there weren’t any during my time), but if the BN people think BTN is their greatest weapon, they are just plain wrong.

We may look like kids. But we are not. People grow up, you know? And so do Malaysians.

COMMENTARY

Read here in Malaysiakini

Gblk7277:
I have attended this BTN course. Yes, it is a brainwashing session where they were telling us that the other races must get a lesser amount of 'durian' because we are the 'pendatang' and we had agreed to accept a lesser amount.Therefore we could not question anything, just shut up and eat the 'durian' you get or go back to China or India. It's very much politically biased and they were showing recordings of the Bersih and Hindraf rallies saying chaos will take place if we don't support BN.And that our country will be destroyed. 'Learning about 1Malaysia, about nationalism and unity'? My foot.

Camverra Jose Maliamauv:
In the year 2000, during my first year at Universiti Teknologi Petronas, I was one of those selected to attend the Kem Bina Negara. We were sent to an army camp in Kedah.Out of all the lectures and physical activities etc, I will always remember two main things. The first was a lecture and discussion during which the instructor concluded at the end that non- Malays should not question the special rights and privileges of the Malays and that we should just work harder to move up.And secondly, during another lecture, one of the 'threats to national security' that were highlighted was 'parti politik baru' (a coincidence that this was the year after 1999?).

SameSame:
Well, well, now our deputy prime minister is lying! Can he proof what he is saying is correct? You know what amazes me is that they still think we are like them - so gullible and stupid.Well, our unwanted DPM, its obvious we are not stupid and we are not gullible. It's better you keep quiet instead of shooting yourself in your own foot (BN people love doing that it seems). '1Malaysia', my foot.

Chee Hoe Siew:
Firstly, is there a law stating that civil servants and other public sector staff must attend these BTN camps? If not, then there is no need to even attend such propaganda camps.

Lusiapa:
Will past participants of such BTN courses step forward and give their testimony without fear or favour?
Is the Selangor education, higher education and human capital development committee chairperson giving an honest assessment of the situation or is the DPM denying something which is unbelievably true?Obviously, one of them is not telling the truth. It is time that the liar be publicly exposed and condemned.

Giri:
My blood is boiling. God, how can they lie like this?

Tkc:
Mr Deputy PM, instead of 'he say, I say', I suggest you publish the text of the BTN courses on the Internet so that we can judge for ourselves. Oh, and please do not tell us it is classified under the OSA.

Azmil Tayeb:
Bravo Selangor government for taking this progressive step. BTN is simply an organ of hate and shouldn't even be allowed to exist in the first place. True inculcation of citizenship values doesn't come from forced indoctrination, much less one that is racist in nature.

KLeo:
I testify to BN's dirty indoctrination at BTN camps. Mine was in 2005 just after I left school. Words in the many 'ceramah' included 'Ketuanan Melayu' and 'pendatang'. I remember being so angry with the camp facilitators that I almost argued with one of them in one of the discussion groups.I don't know if this is true camp-wide, but I do know that my fellow course mates that went with me - both Malay and non-Malay - were equally disgusted with the camp officials.

P Dev Anand Pillai:
Syabas, Selangor government you have walked the talk. Keep up the good work and the people will be with you in the next general election. It is good to see that we have some brave Malay leaders who are bold enough to set the country on the path to greater unity as Malaysians first. Syabas again.

Lim Chong Leong:
The Pakatan Rakyat states should introduce anti-racism, equality and meritocracy programmes to build up our youngsters towards a global mentality to prepare them for a brighter, more competitive future. We urgently need to neutralise the negative impact of the BTN.