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The truth about Malaysia PDF Print
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Wednesday, 22 April 2009 17:43

The efforts of civil society and alternative media have strived to show Malaysia in its true, anti-democratic light

Malik Imtiaz Sarwar, winner of the Index on Censorship law and campaigning award, explains the effects of Malaysia's anti-democratic laws 

Malik Imtiaz Sarwar, Guardian UK

Architects of autocracies would benefit tremendously from studying the Malaysian model. It stands as a shining example of how, given the right combination of greed, ambition, maladministration and contempt for the rule of law, any democracy can be recast into an autocracy while preserving the veneer of democratic process.

At the time of its independence in 1957, Malaysia's written constitution embedded the separation of powers and the freedoms so crucial to its checks and balances. But the vested interests of a hegemonic political elite has, over time, caused the system to mutate into one of rule by law that threatens the continued sustainability of the nation.

This is easy enough for anyone to see. The statute books contain a plethora of anti-democratic laws that are designed for, and applied to, one end: the regulation of information and opinion. This has allowed the suborning of a voter base much weakened by a divisive system of race politics; voters already made to feel that they should be voting one way rather than the other are not given the means to make an informed choice. This has allowed a semblance of democracy, even though the democratic process has been subverted.

There is no other way of explaining the continued existence of laws that vest power in the government to detain without trial for extended periods of time, or to subjectively regulate the print media or to brings charges for sedition and criminal defamation. These laws not only impede free access to vital information, they allow the suppression of legitimate dissent, a process aided by a seeming willingness on the part of key institutions of the state, such as the judiciary and the police force, to serve the interests of the government in such ways as they can. The police routinely clamp down on opposition rallies and NGO demonstrations while the judiciary cannot be relied upon to defend civil liberties.

When confronted about any of this, the government points to the electoral process and its consistent return to power. It sidesteps the extent to which it attempts to keep the voter ignorant or scared. It meets complaints about the system with defensiveness, even hostility, due to its inability to meaningfully justify its position and its unwillingness to respond to popular sentiment.

Fighting back has centred on efforts to increase access to information.

In the general election of March 2008, the incumbent political coalition took a beating. It lost its two-thirds majority in parliament and lost control over four of the 13 states in which it had previously formed government. This was largely due to the unflagging and courageous efforts of civil society and the alternative media. A ragtag group of activists, bloggers and independent news sites strived to offer a different and more truthful view of Malaysia, while making Malaysians aware it was time for them to take ownership of the issues at hand.

Many of those involved were people I had come to know over the last decade or so in my work as an activist as well as a public interest lawyer. Of these, Raja Petra Kamarudin, a new media exponent of almost iconic status, was among the most influential. Unflinching and unrelenting, he galvanised reactions on a scale that many were unprepared for. He helped shape history last March.

That may be why he was charged for sedition and criminal defamation as well as detained was detained under the Internal Security Act soon after.

Amid concerns that a wider crackdown was underway and that I might also be on the detention list, I was instructed to seek an order of habeas corpus. Painfully aware of how exposed I was to executive scrutiny, I assembled a team of lawyers and made the applications. We were not hopeful, there had not been a successful challenge on merits since 1998 when the law had been amended to preclude judicial review. The high court however thought there were merits and ordered his release. He had been detained for some 55 days by then.

The situation is precarious. Malaysians want change and the elites that form the government are in no position to deliver it. Continued suppression and repression is the only way in which power can be preserved. That does not bode well for the nation.

Comments (24)Add Comment
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written by arazak, April 22, 2009 18:01:41
Mr. Malik,

Congratulations!

Malaysians need warriors like you, RPK and Zahid Ibrahim to challange the tyrants. . .!

Kudos to you again for wiining the award!

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written by Godflesh, April 22, 2009 18:03:26
Congratulations Sir! Although you don't really need an award. We Malaysians know what you're worth. If only ppl like you could lead our judiciary - Malaysia would be heaven on earth.
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written by onnetline, April 22, 2009 18:07:52
Thanks for the highlights and for all Malaysians to know.

Malaysians knows better what to do with their votes now !
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written by MAMR, April 22, 2009 18:24:08
"There is no other way of explaining the continued existence of laws that vest power in the government to detain without trial for extended periods of time, or to subjectively regulate the print media or to brings charges for sedition and criminal defamation. These laws not only impede free access to vital information, they allow the suppression of legitimate dissent, a process aided by a seeming willingness on the part of key institutions of the state, such as the judiciary and the police force, to serve the interests of the government in such ways as they can. The police routinely clamp down on opposition rallies and NGO demonstrations while the judiciary cannot be relied upon to defend civil liberties".
Based on the above I hope UMNO/BN leaders open their eyes, read and understand,because it was put to explain the actual situation in Msia. For all of you socalled leaders most Rakyat whom you all unable to deceive also share the same view.
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written by babakl, April 22, 2009 18:46:42
just wait my friends, umno an bn will claim credit on your award. They will say they are open to everything and one thing ONE THING ISA is their trumph card. They will also claim the world reconised that this goverment is a good one thats is why our people wins awards and reconigtion because of them.
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written by JUST, April 22, 2009 18:47:09
Congratulations!

A man of principles will resist an evil system with his whole soul.
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written by ahmadneil, April 22, 2009 19:08:48
RPK stand for CHANGE and that's why he is immortal.
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written by Fuminari, April 22, 2009 19:42:03
malik,congratulations,this is a proud one for u n all malaysian!
as far as many many malaysian out there n me are concerned,this award is worth much better,beaconing in current 'darkness',holding more humanity value than even those 'tuns' awarded to those toons.
malaysia needs more people like malik imtiaz sarwar.
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written by Admiral Tojo, April 22, 2009 19:50:11
Malik, you and people like you and RPK, are the catalyst for change, for the better. Lets educate the masses so that there will be more people who are aware and will take over when the time comes.

Bless all of you.

Salaam
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written by KKchan, April 22, 2009 19:59:06
The truth about Malaysia is that the majority wants to be preferred, the civil service structure, including the judiciary, armed forces and police, is beholden to BN as the only party in power. See how the officials scurrying around to undermine the PR Government in Perak? Malaysia in the 21st Century!
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written by bodohland_citizen, April 22, 2009 19:59:34
Stunning exposure, bold expression of the actual situation of the state. May i add one more thing...the obvious result of NEP that the people in power have been championing all these while is now rearing its ugly head. period.
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written by clarity, April 22, 2009 20:36:32
Careful Malik, UMNO may tell The Guardian ' name your price'.
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written by Lim Lim, April 22, 2009 20:36:50
malaysian hav been voting blindly,hoodwinked knowing nothing about the importance of our basic right for the past 50 years without people like malik imtiaz,RPK,bernard khoo,harris ibrahim,zaid ibrahim,asly rahman,farish noor etc etc etc!!
it is,as a matter of fact;a privilege to hav all these good lads with us!!
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written by PASOK, April 22, 2009 20:56:11

Well written from a mind of the highest order.
Clear thinking, solidly expressed.
Another cannonball into the stinking, self serving ranks of the Malaysian elites.
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written by siburpat, April 22, 2009 21:25:14
smilies/grin.gif Till Anwar came into the picture, DAP and PAS had unwittingly allowed the so-called "tyranny" to go on because both would rather attack one another to allow the public no choice but to give power to BN. Let us face the real truth they are smarter than the Opposition parties so far. Almost a year now, and after winning FIVE out of ELEVEN West Malaysian States, they still have not come to a common agenda and symbol. Until they do, BN will continue to have the advantage especially in Sabah and Sarawak. Until PR becomes a reality like BN, Malaysia will continue to be ruled by and for the "ELITES" but "of the poor and disadvantaged".

Poor RPK, but he has to expose the arrogance, weakness and selfishness of Opposition parties as well. BN is strong openly because the Opposition is divided and weak. Privately he must get Anwar to convince both PAS and DAP to realize the need of a common agenda and symbol and get all the Opposition parties to work together. DAP, PAS and PKR need to take at least four more parties to have a proper front to counter BN. Only then, Malaysians will have a proper alternative especially for Sabah and Sarawak.
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written by joeawk, April 22, 2009 22:00:24
Malaysians must continue to press for change. The sum of the monarchy, judiciary and the executive cannot equal us because we are the masters and as masters, we should decide the fate of our nation and we shall not surrender this very authority that GOD has bestowed upon us, his children.

Those of us who do not want change but want to continue to live in the past are traitors to our beautiful and bountiful nation. They can remain so but those of us who want change, must continue to push for change.

We must not let up and the manifesto for the next general election must include putting the corrupt and those who abuse their power in jail and the judiciary must not be forgiven, form a royal commission to investigate miscarriage of justice under the present CJ. Yes, the AG also cannot be forgiven. The police too. The Monarchy, no comment.
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written by HL5, April 22, 2009 22:15:55
Malik, I refer to your statement - "This was largely due to the unflagging and courageous efforts of civil society and the alternative media. A ragtag group of activists, bloggers and independent news sites strived to offer a different and more truthful view of Malaysia" - and am disappointed you failed to mentioned some readers and commentators who broke new ground and convention and thereafter, "activists, bloggers and independent news sites" jumped onto the bandwagon, realising for the first time, that the powers-that-be-or-was, was not so daunting or overpowerful that we need unnecessarily fear them. That such comments was made by these discerning readers, opened a floodgate of confidence in other readers voicing their long-inhibited opinions on many subjects, thus bringing into focus for the first time, the power of the internet and its inherent ability in enabling freedom of expression.

If you scroll back to the early days of Malaysiakini, you will notice the ground-breaking letters that gave or catalyst th rakyat's voice. It would have been nice if you had given them some credit as they are not bloggers or necessarily activists.

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written by Tok Din, April 22, 2009 22:16:20
Dear Malik:

Thank you for your clear exposition of what ails this nation and why the government of the day prevent the Rakyat to gain access to vital information. The motive is so that the Rakyat can vote them blindly into power to give them the legitimacy to lord over us and to abuse us.

Enough is enough, no more getting doctored information from state media or TV, but from activist websites. We have to educate the public to choose wisely. We have to campaign for the abolition of ISA. The only hope for Malaysia is to engage the entire population in determining the national agenda.

It is now time to "Bangkit Rakyat" so that together we can banish these UMNO/BN power crazy goons into the backwater and sending out to pasture. We should rise up and refuse to suffer further abuses of our rights. If the Rakyat are united with a single purpose of wrestling back the control of our fate, nothing can stop us. Not even the police and FRU.

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written by SamSan, April 22, 2009 22:25:25
Malik, Che Det is very proud of you for standing against the very evils he built and which is now destroying the country. Even Che Det has finally insaf on his mistakes in the past that has now spirraled to uncontrollable proportions. Che Det has finally realised that the corruption, abuse of power and total deterioriation of all our noble institutions are now beyond repair and its seems to him to be like a fire he lit which is now engulfing everthing including Che Det.
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written by malgal, April 22, 2009 23:58:59
your timely missive comes before rpk is hauled to the courts tomorrow.
i met you when you defended rpk last year and we were the `ragtag' band of people who met through a common cause.
a motley crew we may be, but frustration and newfound maturity of what's what, brought us to realisation.
thanks for taking the stand.you are not alone.
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written by Tlau, April 23, 2009 00:07:10
Congratulations Malik. All your efforts are not wasted.
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written by flyer168, April 23, 2009 07:23:08
Malik,

Very well said & syabas to you for your Honourable, Sincere & Honest stand on our Westminster style Democracy & the Rule of Law.

Former Lord President Tun Mohamed Suffian Hashim repeatedly insisted in his foundational written texts that in Malaysia,

the constitution and nothing but the constitution is "the supreme law of the land".

Malaysia cannot afford to see constitutional principles imperilled, and constitutional processes jeopardised -

not even out of an understandable impatience, or a conscientious determination, to see the urgent political and practical problems of the day speedily resolved.

Clive S Kessler is Emeritus Professor of Sociology and Anthropology at the School of Social Science and International Studies at the University of New South Wales in Australia.

Mahathir’s 22 year rule saw the main 3 pillars of Legislative, Executive & Judiciary being raped by the Executive which resulted in Legislative & Judiciary no more an independent institution of their own.

Desperate People, at Desperate Times, will RESORT to Desperate Henious Actions even if it means “Destroying” their religious values, “Honourable Family Legacy”, our Monarchy, All our nation’s Institutions, Pillars of Democracy & Justice, their own “MALAY MUSLIM HADHARI” party “UMNO” beyond “Redemption”, their own Kind, this country & its Many People!

Nov 2007 Our new dawn was achieved - The citizen’s Yellow wave protest march to petition to our Agong.

The 8th March 2008 elections offered us an “Alternative” to the UMNO/BN Autocratic Government.

To achieve our 2nd Independence....

Not from the British Administration, BUT from our own Despotic Muslim Hadhari Ketuanan UMNO Baru/BN regime.

YM RPK & MT including All the Pioneer & Mainstream Bloggers have achieved the “Impossible” with their “Provocative, Uncensored & Investigative Journalism to “AWAKEN, ENLIGHTEN & THEY HAVE STIMULATED” a large majority of Malaysians, Politicians on both sides of the divide, etc and with a Worldwide exposure....

Further, our RPK & his Barisan Rayaat Group, Haris & his Anak Bangsa Malaysia Group, Zorro & his fans, all the other groups & our “Defenders of Truth, Justice, Equality & Freedom” including all of you have done everything that is “Humanly” possible....

Malaysia badly needs “Role Model” established Leaders & Politicians of HONOUR with Calibre, Maturity & Tolerance without Fear or Favour - not “Recycled Politicians”.

To use JFK's Famous words:

And so, my fellow Anak Bangsa Malaysia.....

Ask not what your country can do for you

Rather ask what you can do for your country.

My fellow citizens of Malaysia:

Ask not what Malaysia will do for you,

Rather what together we can do for the freedom of Man...

Let us all SHIFT our “Ketuanan, Racial, Religious, Personal, Selfish, Etc PARADIGM”....

To now think about “OUR GREAT NATION MALAYSIA for ANAK BANGSA MALAYSIA”....

Inline with the original “VALUES” which our Bapak Merdeka Tunku Abdul Rahman Putra together with his first cabinet adopted - From TOP to BOTTOM.

Malaysia must "NOW RECOVER" from its "TATTERED ECONOMY & FINANCIAL MELTDOWN" resulting from the "Herd Mentality" to FOLLOW albeit at the "TAIL END."

This great nation & its rayaat NOW have "God Almighty's ONE LAST CHANCE to "Repent & Correct itself" from their GREEDY Power & Worldly Industrialised Materialistic PURSUITS albeit at the tail end....

- To go back to God Almighty's BASICS WISDOM & GIFT....

- "This GOD ALMIGHTY'S UNIVERSE of PLENTY has ENOUGH for EVERYONE'S NEEDS BUT NOT EVERYONE'S GREED!"

Further, this nation Desperately needs Intelligent, Time Proven Pragmatic Successful modelled, Financial & Politiical “SOLUTIONS” NOW, to mitigate the IMPENDING Political & Financial fallout.

The saying goes, “Whatever goes round, will come round”.

This is the law of nature.

Through “Devine” intervention, UMNO, its Leaders & their Mercenaries are now “Outdoing & Destroying” each other with their “Power, Greed & Henious Crimes”.

Our prayers to God Almighty seeking “Sanity, Truth, Justice, Equality, Human Rights & Freedom” will be answered.

Every new day will be another “New Revelation” to reveal another “Truth” in its Self Destruct motion towards its “Demise”.

Just give them enough rope to “Hang” themselves at every turn in their “Final” chapter.

Cheers.


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written by flyer168, April 23, 2009 07:24:34
Contd....

Malik,

“Maybe it takes someone WITHOUT any name, without any position, without any past attachment, no political baggage,

Someone only WITH the sincerest interest to right a wrong, being guided by the Almighty...

Having the unseens praying for him as they too are concerned of this state of affair of this blessed nation....

Maybe the time has not been so near yet....for such ‘event’ to happen.”

Yes, many Chosen Situational Leaders will evolve in the process from amongst the Rayaat....

Followed by God Almighty’s “Anointed” Phoenix....

A True & Wise, Humble but Firm Leader for Malaysia will arise like a “Phoenix” from amongst “the Downtrodden Rayaat....Insha Allah!

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written by magickriver, April 23, 2009 21:19:18
Jolly Good Show, Imtiaz! Wholly deserved accolade! smilies/cheesy.gif
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