Cell L-1-21, Jinjang.

South Africa’s former President wasn’t wrong when he said “No one truly knows a nation until one has been inside its jail cells.”

For 3 days within the confines of Cell L-1-21 in Jinjang last weekend, I was given a much more vivid picture of the doldrums Malaysia finds itself in. 

A place where the government - through the police - pulls out all the stops to rob the dignity of inmates who are facing a remand hearing. 

I was put in a cell with 14 other persons - all foreigners - as I persisted in being registered as a Malaysian rather than a specific ethnic background. Fuming, the guard who was on duty signed parked my name under ‘lain-lain’ (others). 

My fellow cell mates - all of who were very nice persons - were from Libya, Nigeria, Pakistan, Indonesia, Nepal, Bangladesh and one from Timor Leste. 

Food is scarce, just enough for one to survive. 

The daily menu includes 3 crackers in the morning, a fistful of rice along with a tail-end of a small fish - or the head - finishing the day with the same crackers and one bun. To prevent dehydration, ‘teh-o’ and coloured water is given in a little packet. 

“Malaysia has a lot of money, but your country has no humanity at all,” said my cellmate from Pakistan. He had to pay RM30 for an extra meal which is downright ridiculous. 

Another inmate from Nepal wanted to buy RM30 worth of phone credit to inform his employer that he had been detained. 

The police officer retorted, “Bagi seratus, saya beli.” 

After realising that he didn’t have the money, the police told him, “Okay, panggil satu kali, RM30.” 

There is also a price tag on soap, toothbrushes and towels. All of which should be provided as a matter of right, not privilege. We received none of these. Forget about accessing reading material of any sort unless one is able to rally fellow inmates to put in similar requests.

I was denied medical attention despite requests from myself, lawyers and even the magistrate’s directions. 

In the cell across mine, an elderly man was visibly ill but received no treatment despite many of us asking that he be treated immediately. I am not sure if he survived. 

To me, it wasn’t how the police treated us political detainees which mattered; it was how the other remand inmates we mistreated.

Foreign detainees are not given the right to be heard and many are held back for 12 to 14 days straight. 

After conversing with my cellmates for three days, I managed to convince 10 of them to leave Malaysia as soon as they are released because life is a living hell for them here. 

Now, with further rallies in the pipeline, I preempt a major crackdown where many will be forced to que at the jail-lines.

The government - through the police - is trying to instill fear in the minds of Malaysians, although it is our constitutional right. Fear of being jailed, fear of being violated, fear of being terrorised by a brutish system. 

Whether or not we are jailed, voices of the Malaysian people have been imprisoned. We being stuffed into the cells merely confirms that.

But do not be cowed by threats from this government. Speak if you have to, rally if you need to, change is a must. 

Jay Jay Denis

Demi Malaysia.

Can the DAP go it Alone?

Malaysia’s ruling party is at its lowest ever ebb since it was formed but ironically, the opposition is also at its weakest in the history of Malaysia, keeping aside the number of seats in Parliament.

Malaysians are disillusioned with the state of affairs on both ends and there are murmurs that the opposition and Barisan Nasional are not as different as they seem to be.

Factions within PAS are seeming to be UMNO’s prima donna, some have labeled PKR as a party which is very unstable, leading many to believe that the DAP is the most stable to take on Barisan Nasional in the next General Elections.

But can they do it alone?

The only social democratic party in Malaysia — on paper at least — has strayed away from its roots to resemble a more conservative answer to the current regime. ‘Social capitalist’, as a good friend pointed out.

In recent times, the DAP has attracted considerable interest from Malaysians from various walks of life and has seen entrants from even the likes of former PAS members. Such a situation would never have been thought of a decade ago; positive signs indeed.

‘Malaysian Malaysia’ is a good base to launch its assault from, but changing a rancid system of government needs to go beyond that.

The people of Malaysia need to be shown a viable alternative to UMNO, not just a corrupt-free opposition.

To achieve that, the DAP needs to go back to its social democratic roots and propose projects which can provide Malaysians with a road-map to the future.

One which answers the challenges being faced by people, an inequitable tax system, a dysfunctional structure of education, and most importantly, to embrace an inclusive approach by involving Malaysians in concrete decision-making processes.

And as yet, it hasn’t demonstrated that it can do this alone.

Which means it needs to be able to work optimally in a new coalition, not based on circumstance, but one founded on constructive policies which is willing to take the risk by experimenting.

The DAP can start by rebuilding a clear identity which Malaysians can associate themselves with.

The Pakatan Rakyat we knew lived in a cocoon for 7 years and blew up because it played by UMNO’s rules. It was unwilling to push the boat as far as it could and all three parties foolishly thought they could beat UMNO at its own game.

That was doomed to fail because the rules were set by UMNO.

What the DAP needs to be focusing on is to rewrite those rules on how politics should pan out. Malaysians must be engaged in a constructive manner, including heeding the calls by civil society groups.

To realise a holistic change, the DAP has to also accept new ideas, allow for open discussions and constructive criticism, especially recreating that ever-important link with non-governmental organisations.

If the DAP can grab the bull by the horns and chart a new path for the embryonic opposition coalition, the Malaysian dream could very well become a reality.

(This post first appeared on The Malay Mail Online's 'What You Think' column, July 7th 2015 http://www.themalaymailonline.com/what-you-think/article/can-the-dap-go-it-alone-jay-jay-denis)

Jay Jay Denis
Policy Researcher,
Malaysia.

This and That at the Rakyat Times

An afternoon chat I had with Mic Hoo at the Rakyat Times. Among other things, we talked about the Malaysian Police state through use of the Sedition Act, unequal treatment by the police, arrests of Malaysians including activists, journalists, politicians.

The solution?

Inspector-General of Police, Khalid Abu Bakar, must be sacked and replaced. The police force needs to be rejuvenated.

What do you think? Can we continue in this fashion?

PM Najib Razak Must Halt Executions in Malaysia.

Picture courtesy of BBC.com

Before going to bed last night, I was scrolling through my ‘timeline’ on Twitter hoping that the ‘Nusa Kambangan Nine’ would be allowed another chance at life. 

But it was not to be. 

As I turned off the lights in my room, eight of the nine had their lights of their lives turned off completely after being shot dead by a firing squad under instructions from the Indonesian government. 

Many journalists on duty at the ‘Alcatraz of Indonesia’ were tearing together with family members gathered before gunshots reined in the stillness of the night. 

Today, The Guardian is reporting that Indonesia’s Attorney-General said “Mary Jane Veloso’s death sentence is postponed, not canceled”. 

Her ordeal is far from over. Mary Jane Veloso has denied ever knowing she was in possession of banned substances passed to her by her friend while in Petaling Jaya in 2010. Her account of what transpired is available here.

While we should condemn very strongly the preposterousness of the Jokowi-led government in Indonesia, one should also be aware of the ongoings in Malaysia, another proponent of the Death Penalty. 

In ASEAN, only the Philippines has done away with this most human-rights-violating punishment. The other nations still hold a firm belief that state-sanctioned killing will provide a better environment for its people. 

Malaysia too, does not allow its courts any leeway in handing out a sentence if it involves any of eight offenses, one of which is drug trafficking. The courts are obliged to hand out the harshest punishment in Malaysian law, death by hanging. 

Amnesty International reports that there are at least 902 people on Death Row waiting to be brought to the gallows in Malaysia. Shockingly, people are kept in the dark about this. A friend of mine also mentioned that executions in Malaysia take place very discreetly. 

And this must be stopped at once. 

In most cases, the willingness or intent of an accused is not taken into account, especially when it comes to drug-related matters. 

Factual-based research has displayed that harsher punishment will not reduce crime. Instead, better employment opportunities, a more vibrant economy and high quality education disincentivise people from getting involved in crime. Killing by states will not do anything. 

In any criminal justice system, including Malaysia’s, governments must take into account that it is a system which should have justice at its core, not extreme punishment. 

Anger and revenge, as displayed by the Indonesian premier and others who support the Death Penalty, is a foolhardy approach which should send alarm bells ringing throughout the ASEAN region. Because the issue of drug trafficking is a regional issue which needs a more nuanced strategy to tackle it.

But Malaysia can be a beacon of hope in the region when it comes to this pertinent debate. For that to take place though, we have to be consistent in opposing Capital Punishment instead of picking and choosing when one should be sent to the guillotine. 

This is prime time for Najib Razak to step forward in light of what has taken place, to put a stop to the Death Penalty in Malaysia and send a harsh message to our Indonesian counterpart so that what happened this morning, may never take place again. 

Malaysians have to be stand united alongside our ASEAN friends in this.

Remove IGP to Regain Confidence in Police

This month alone, at least 103 people have been arrested by Malaysian police for reasons from apparently being seditious to disrupting public peace through peaceful assemblies.

The bulk of these arrests, about 80 people, took place after the gathering at the Customs Department in Kelana Jaya on Monday. I was one of the 80 who were detained at Kelana Jaya police station.

Our aim was to get questions relating to the goods and services tax (GST) answered, as many Malaysians are still not prepared to face the consequences. Many will lose their lives if they cannot foot the bill beginning next month.

Shockingly, as the central agency involved in this process, the Royal Customs and Excise Department is ill-prepared as well.

It is then inexplicable to me why the police had to get involved on Monday. Some even tried to coerce people into leaving the compound before 5pm  that day.

A woman police officer told an elderly woman in front of me, “Aunty, lebih baik balik ke rumah dan makan. Dari pagi tak makan, nanti pengsan.” Her reply was worth its weight in gold. She said, “Puan, saya pengsan tak makan tak apa. Itu GST mari minggu depan, saya mungkin mati.”

These people are my heroes.

However, the actions of late of the Malaysian police have caused many people, including myself, to lose respect for the institution which has a duty to safeguard the public, making Malaysia a home for all.

Actions by the police are providing an impression that they are in place to safeguard the government and come down harshly on any person who points out wrongdoings.

The police in Malaysia, led by Khalid Abu Bakar, appear to have a different goal in mind, which is to provide a safe environment for Umno and Barisan Nasional to rule, and claw back on any dissent that calls on the government to correct its failed policies.

If the police indeed are for the people, they should have instead tried to facilitate an agreement between the Customs Department and people gathered so that concerns raised could have been addressed. The police, who had no business being on that compound, stymied the process of negotiation.

We came in peace, they came with force.

We came prepared with a list of 106 questions, they came armed with batons and shields.

We came with a mission to get our questions on GST answered, but their mission was to stop us from doing that.

With such displays of arrogance and disregard for the law, the police stand to lose legitimacy as the bastions of public safety because it is the people of Malaysia who provide the police with that legitimacy to enforce laws.

To compound matters, lawyers were denied entrance to meet with the detainees, food and water was not provided - which are clear violations of non-negotiable human rights.

Signs are showing that police are now perfectly willing to beyond the law to cut out any pressure against the ruling elite and its agencies. The men in blue must be firmly admonished for this.

In the immediate, what the people need is to regain trust in the police force, and under the current Inspector-General of Police Khalid Abu Bakar, there isn’t a cat in hell’s chance of that happening.

So, to prevent things going overboard, it is essential that the IGP is removed immediately by Prime Minister Najib Abdul Razak, and for a person of reason to be installed as police chief. The police need to go back to the basics of policing.

Room must be allowed for a democratic discourse, without threats, if Malaysia is not run by a quasi-dictatorship.

The current IGP seems to want to instil fear in people. I am confident that Malaysians will stand together and not be cowed.

The voice of the people will triumph.


Jay Jay Denis.

Does Malaysia’s Education System Inspire Confidence?

(Pic Courtesy of The Star)

With the new calendar year upon us, seeing kids head back to school while many are still reeling from the effects of some of the most tremendous floods Malaysia has ever seen, does not bode well at all, especially for the confidence of these children.

            

But can the Malaysian education system in public schools serve as a tonic for students or parents, to inspire them to face the new academic year ahead, to raise their spirits?

Or is there a severe foundational problem on which our system is based upon?

The fact of the matter is that today, public schools are not what they used to be, and I’m afraid they never will be the same, ever again.

Young couples (and old) have lost almost every ounce of faith they had in the way students are nurtured in our schools, which has led to public schools being a ‘forced upon’ choice, rather than the ‘go-to’ option for many.

I have, in various conversation with friends, colleagues and others, broached the topic of education, and where parents these days are sending (or would send) their kids to. No one, if given the choice, would opt for Malaysia’s public schools.

Our public schools have now become a ‘road rather not taken’ for those who have the choice of doing so, with many instead opting for private schools, or the ever-mushrooming international schools in urban areas.

For those who are unable to make that choice though, they send their kids to public schools, a sort of ‘last resort’ if all else fails.

Where did it all go wrong?

Why does a child in Malaysia have to depend on the size of their parent’s bank account to have access to quality education centred on equality?

What is taking place in Malaysia now, is a very discreet yet dangerous privatisation of knowledge (brought into place by Najib Razak during his stint as education Minister in the mid-90s), where the rich are able to facilitate a better structure for their young ones to grow within, while everyone else almost rots in a system which has been termed by the World Bank as alarming?[1]

We’re now treading on treacherous grounds, which will further exacerbate the inequality between the rich and everyone else, as unequal opportunity will definitely lead to inequality in outcome.

Is this lack of quality in our education system only perception, or are there further undercurrents?

One look at the most recent Programme for International Student Assessment (PISA) scores, will show that our system is moving in leaps and bounds, but in the wrong direction.

But what is worse though, students in our schools are being judged on two things; test scores, and test scores. If they are not able to perform in exams, then they are given the message that ‘You are not good enough’ and shunned aside.

How will that build confidence?

In essence, our students are being prepared, not to learn, but take tests. And the government complains that our graduates are having a tough time getting employment.

What we really need is to rethink how education is provided by the state, to students. Learning and nurturing should not just happen on papers within the confines of a classroom. There is a far larger world out there. Education is not just about academics, rather, there is something larger which is needed.

A peek to Finland, said to possess the most efficient system there is, display that the students there spend a very little amount in their classrooms, and with money spent on educators making up a large sum of their budget.

Yet, on paper, Malaysia has a better student to teacher ratio at 12 to 1. (Finland has 14 students to a teacher).[2]

In essence, the government needs to educate educators, as well as getting the best there is out there, and looking to make the profession of teaching a truly respected and cherished one.

But simply throwing money at it will not solve the problem. Malaysia has spent RM38.7 billion and RM54 billion in 2013 and 2014 respectively. This year, subject to the budget being reviewed, the education sector has been allocated RM56.6 billion, but only a fraction of this is for development. 92.5% of this amount is for ‘operational expenditure’.

To inspire the confidence which is tragically lacking, altering the way this system works through having a new curricular could provide a much needed boost to students.

Education should not be of the conventional encyclopedic way, where students are regimented to act in a certain way, serving the needs of a nation at a given time. It instead should evolve into a high energy system, allowing the mind to work in a limitless fashion, to come up with new ideas.

The state has to fund a system of education, and put in place the best educators, not politicians, to ensure that Malaysians get top quality by sending students to public schools.

For all of this to happen, the Education Minister, Muhyiddin Yassin, has to first remove himself from being in control of the sector, and getting people who are qualified to take on this overhaul project.

If that does not take place, the acceptance toward public schools will keep dwindling, and Malaysia as a nation, will remain rooted to its spot, as is now. Time is running out.

Jay Jay Denis

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[1] http://www.themalaymailonline.com/malaysia/article/world-bank-worsening-education-obstacle-to-malaysias-high-income-hopes

[2] http://data.worldbank.org/indicator/SE.PRM.ENRL.TC.ZS

Acceptance and Compromise In Malaysia’s Democracy?

‘Civil Liberties’ and ‘Democracy’ may sound like words which have been used a dime a dozen, but beneath the surface, these two words have etched in them non-negotiable principles of which, lay the foundation of any society which prides itself on being run by a system of equality, interestingly guaranteed even by Malaysia’s Federal Constitution, the ‘bread & butter’ of our identity. Because the Constitution is more than just law, it has embossed in it a nation’s identity, one that usually cannot be altered.

And one of those principles relates to a system run by Malaysians, through a system of Constitutional Monarchy.

But has this identity many of us pride ourselves on faded without much notice, (much like how Khalid Ibrahim should have, but refused to leave?)

Now, this piece isn’t so much of a critique on His Royal Highness (HRH) the Sultan of Selangor in appointing Bukit Antarabangsa’s State Assemblyperson, YB Azmin Ali, but more to try to ascertain on the procedural impropriety in not appointing a member of Selangor’s Assembly, who had already displayed that they had support to be the new Menteri Besar (Chief Minister).

In Selangor’s Constitution, the discretionary powers of a Head of State lie in two distinct matters; in appointing a Menteri Besar and choosing whether or not to dissolve a state assembly, similar to the powers available to the Agong at a national level.

But there are still limits to which a Head of State can exercise these discretionary powers, more so relating to the appointment of a Head of Government.

Article 53 (2) (a) allows for this, where HRH may appoint a Menteri Besar who in His judgment is likely to command the confidence of the majority of the members of the Assembly.

There though, lies the answer to this conundrum which we found ourselves in. When Datuk Seri Wan Azizah Wan Ismail declared that she had been endorsed by 30 State Assemblypersons on August 15th, that discretionary power no longer was available to HRH, simply because his work had already been done for him, by the said assemblypersons.

And going by the Federal Court decision in Nizar vs Zambry, this was perfectly legitimate, and all HRH had to do was to duly appoint Datuk Seri Wan Azizah as the 15th Menteri Besar of the State of Selangor.

Never mind the court decision though. Even if there wasn’t a Federal Court decision already in place, HRH would be directed, not by us, Khalid Ibrahim or even the 30 Selangor reps, but by the State’s Constitution which has expressly stated the course of action which must be adopted, as soon as a Menteri Besar has lost confidence, and another has proven to have majority support in the State Assembly.

This though, never took place, but why so? Could it be said that HRH was misled by his advisors or the state legal advisor? More importantly however, what does this now mean for this democracy through a system of constitutional monarchy we claim to have in Malaysia?

The State’s Constitution does not provide a Head of State with authority to be actively involved in politics opted by, and governed for, the people of Selangor.

Would it be too much to request, with respect, that HRH through his advisors, put forth the reasons which resulted in Datuk Seri Wan Azizah Wan Ismail not being installed as the Chief Minister? The explanation issued yesterday stating that the reason it occurred was due to “strife within PKR and inability within PR to choose a candidate” smacks of disbelief, as this ‘choosing’ was already done on August 15th.

I will reiterate that the identity of a person appointed does not matter that much, but what is vital is how they came about to be chosen. There have been some utterances that “It doesn’t matter if Wan Azizah wasn’t appointed, it’s still a PKR MB right?” But it matters, without a shadow of doubt.

We cannot simply accept a ‘compromise’ solution when we realise that it indeed is not right, bordering on being unjust. The state Constitution has clearly been overlooked in this instance.

Malaysia’s Constitutional Monarchy has taken a back seat and I do hope for the life of me that it isn’t a signal of what might be in the pipeline, where a particular Constitution can be overridden, when a clear error has occurred.

If we opt however to lay silent with principles which are non-negotiable, then we Malaysians should accept the idea that we have a Constitutional Monarch system with democracy which is qualified. I shudder at that thought.