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20/12/2009
AMNESTY INTERNATIONAL: SINGAPORE/MALAYSIA/ BRUNEI NOTES
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19 December, 2009
To: Singapore/Malaysia/Brunei Network
Friends,
There have been significant developments in Singapore and Malaysia -- and in Brunei -- which I have tried to summarise in the following Notes. Please take this information as reported, not necessarily validated by Amnesty International but as coming from normally reliable sources. Some of the information may be directly related to AI concerns, some may be part of the framework of our concerns. Further information and corrections are always most welcome.
I am taking this opportunity to send every good wish for the holiday season and for the new year to bring us closer to the world for which we all strive -- a world in which we can celebrate human dignity, justice and human rights for all.
Margaret John
Coordinator for Singapore and Malaysia
Amnesty International Canada
Singapore
1. Death penalty: Unprecedented developments in Yong Vui Kong case; capital crime charges.
2. Opposition actions and human rights defenders: APEC meeting in Singapore - letter to Canadian PM; Dr Chee's Canadian lawyer issues White Paper; Dr Chee Soon Juan and colleagues again sentenced for public action critical of the government, but also charges dropped in "stunning" acquittal; book by former prisoners of conscience; Young Democrats reach out abroad; freedom of expression ranked low; Far Eastern Economic Review guilty of defamation; journalist Ben Bland forced to leave Singapore; Falun Gong arrested; Liberal International criticises Singapore; New books.
3. Held without trial: Three suspected Islamic militants released.
4. Economy and labour: Economic trends; development and human rights; poverty and wealth distribution; foreign workers; Singapore banks and business.
5. Migrants/refugees/asylum seekers: Human smuggling.
6. Torture/ill-treatment: Official cleared; caning sentences.
Malaysia
1. Opposition critics/human rights defenders: Award winners; indigenous issues; moves on the ISA, judiciary and international standards; Anwar Ibrahim faces trial again; Hindraf and Human Rights Party P Uthayakumar; racial/religious concerns; land rights issues; former prisoner of conscience Dr Syed Husin Ali; Suhakam commemoration boycotted; Tian Chua appeal; Perak -- question of rightful party in power; new books.
2. Police killings and assaults/torture/ill-
3. Freedom of expression: Press freedom ranking; Raja Petra Kamarudin faced trial; concert ban.
4. Detention without trial: Five alleged Islamic militants released.
5. Migrants/refugees/asylum seekers: Camp conditions appall -- and lead to deaths; human rights groups call for reform; Sri Lankan refugees urged to return home; human trafficking; nationwide petition campaign.
6. Death penalty: Further sentencing; Altantuya Shaariibuu case -- Balasubramanian speaks out, lawyer Manjeet Singh Dhillon's home is attacked, and opposition MP Gobind Singh Deo is suspended from Parliament for his remarks.
7. Labour/economy: IIl-treatment of maids --employers charged with murder; changes to Employment Act.
8. Gender: Malaysian transsexual in UK resists deportation.
Brunei
UN's examination of human rights record: AI's submission under the Universal Periodic Review process; Canada's strong statement.
General
1. Asean conference: Civil society "gagged" at meeting.
2. Commonwealth Heads of Government Meeting: ITUC report on violations of workers' rights.
3. APEC meeting in Singapore: AI Canada's letter to Canadian PM.
4. Myanmar: Need for International Arms Trade Treaty.
SINGAPORE
DEATH PENALTY:
- Anti-death penalty campaigners saw unprecedented death penalty developments in the case of Yong Vui Kong, 21, who had been given a mandatory death sentence in January 2009 for drug trafficking. His lawyer, M Ravi, a dedicated campaigner against executions. mounted a strong campaign in his defense -- backed up by a host of international anti-death penalty campaigners. In October, M Ravi organised a public forum in Singapore, with a focus on Yong Vui Kong's case, as part of the World Day Against the Death Penalty events. A video of the forum may be seen at http://www.youtube.com/view_
Very moving appeal letters to President Nathan were sent from Yong Vui Kong's brother and from concerned Singaporean Randy Wong -- both courageous acts in themselves.The two letters are below.
From his brother:
“I hereby tender my sincere apology to all the people of Singapore regarding my brother’s wrongdoing. I sincerely hope that all of you will give him a chance to live by pardoning him of his death sentence and commute it into a life sentence so that, as a first offender, he could have an opportunity to turn over a new leaf. He is a remorseful youth now….
10-year old Vui Kong was unable to continue with his education…. Initially he became a kitchen help and he fell into bad company. Vui Kong was used by the so-called “Big Brother” to be a runner to collect bad debts…. Vui Kong himself did not consume drugs, but from collecting bad debts, he was slowly tasked to delivering gifts. The young Vui Kong obeyed the instructions of “Big Brother” who said that delivering a little bit of drugs would not lead to death. Vui Kong fell into the trap of the drug trafficking syndicate.
His mother who suffers from depression does not know anything of his arrest…. My family and I conceal the truth from her as we are worried that she would not be able to take such a blow.
Although the chances of escaping death are very slim, I hope that all of you would give him a new lease of life and hope that Vui Kong would have an opportunity to live again and under the yellow ribbon scheme, he would be able to learn a skill in prison and make some contributions to society in the future.“
And the appeal sent by Singaporean Randy Wong:
10-year old Vui Kong was unable to continue with his education…. Initially he became a kitchen help and he fell into bad company. Vui Kong was used by the so-called “Big Brother” to be a runner to collect bad debts…. Vui Kong himself did not consume drugs, but from collecting bad debts, he was slowly tasked to delivering gifts. The young Vui Kong obeyed the instructions of “Big Brother” who said that delivering a little bit of drugs would not lead to death. Vui Kong fell into the trap of the drug trafficking syndicate.
His mother who suffers from depression does not know anything of his arrest…. My family and I conceal the truth from her as we are worried that she would not be able to take such a blow.
Although the chances of escaping death are very slim, I hope that all of you would give him a new lease of life and hope that Vui Kong would have an opportunity to live again and under the yellow ribbon scheme, he would be able to learn a skill in prison and make some contributions to society in the future.“
And the appeal sent by Singaporean Randy Wong:
Your Excellency,
My name is Randy Wong. I am writing in a personal capacity, as a concerned Singaporean over the plight of this young man. It is through a kind soul and his video link that I've come to know about Vui Kong. The sad fact is many have been lured and become victims to this decadent circle of the society. It is heartening to learn Vui Kong has become religious as he realises his mortality, an inevitability we've to come face-to-face with one day. An enlightened being says all creatures tremble at the time of death..
It is understood Vui Kong has suffered from a lack of father figure in his life, which can play a part in Vui Kong's misdirection. A disease of the mind can only be cured by an antidote to it. Instead of cutting short the natural life of Vui Kong, can we be the fatherly love Vui Kong is sorely lacking in his life? Are we able to give Vui Kong a second chance to continue his religious studies and become an extraordinary being? I thank Your Excellency and all for reading this.
Sincerely,
Randy Wong
- On trial for capital crimes: Sallehan Allaudin was charged with the murder of his 23-month-old daughter. (Today? 27/10 ) Pathip Selvan Sugumaran was on trial for the murder of his girlfriend in July 2008. (ST 6/11) Defence testimony suggested that he suffers from an attention deficit hyperactive disorder. (ST? 12/11) An Indonesian maid believed to be called Fitriah was arrested after her 87-year-old employer was found dead in her home. The police were treating the death as murder. (ST 27/11) Mohammad Johan Rashid was charged with the murder of a 6-year-old boy.(ST ?/11, 3/12, 11/12)
OPPOSITION ACTIONS AND HUMAN RIGHTS DEFENDERS
- The November APEC meeting in Singapore gave human rights defenders the opportunity once again to spotlight Singapore's human rights violations -- noting a worsening of restrictions on freedom of expression with the Public Order Act, which the authorities said was enacted earlier this year specifically to "ensure law, order and security" during the APEC summit. (ST 4/11) In preparation for the summit, the police released a video showing security measures taken for the summit and portraying protesters in a "negative and violent light". (SDP) AI Canada's Open Letter to Canadian PM Stephen Harper. prior to his attendance at the meeting, called for him to raise human rights concerns, including the misuse of laws to punish critics, the use of defamation suits and the high per capita rate of executions often following unfair trials. He was requested to meet Dr Chee Soon Juan and other civil society representatives. (see amnesty.ca for the full letter) I understand that PM Harper did not take action as requested. As of 18 December, AI Canada has not received an official response to its letter, which the Canadian government appears to believe it did not receive.
- Prominent among Canadian actions was the White Paper issued by Canadian law firm Amsterdam and Peroff just prior to the meeting. Robert Amsterdam is Dr Chee Soon Juan's lawyer. Some 160 websites carried the news of the report. Reuters described it as documenting the "repression of political freedoms in Singapore" and that it outlined "how the Government of Singapore, under the leadership of the People's Action Party (PAP). has monopolized the state's apparatus to its own benefit. The result has been the denial of basic democratic rights and freedoms". Among the White Paper's recommendations were: a call for APEC leaders attending the November meeting to meet with civil society representatives, including Dr Chee; the dropping of charges against Dr Chee and his opposition colleagues; and a campaign for an independent and impartial judiciary. The Huffington Post (USA) carried an article by Mr Amsterdam criticising US President Obama's "effusive praise" of Lee Kuan Yew.
The White Paper on the Repression of Political Freedoms in Singapore: the Case of Opposition Leader Dr Chee Soon Juan. 2009.Nov05.Repression_of_
Singapore's government dismissed all the charges made in the White Paper, insisting that Singapore has prospered due to its adherence to the rule of law and its robust legal framework.
- Another conviction and sentence but also a surprise government move regarding Dr Chee Soon Juan, Secretary-General of the Singapore Democratic Party, and colleagues: Dr Chee and a variety of party members or supporters have been facing a slew of charges related to their attempts to exercise the right to freedom of expression by speaking in public and handing out party material without a permit. On 19 December, Dr Chee, Ms Chee Siok Chin and Gandhi Ambalam were found guilty of distributing flyers critical of the government in September 2006 without a permit. The flyers questioned ministers' salaries and the denial of political rights. All are appealing the fines of $S1,000 each or a week in jail. Ms Chee told the judge: " "[W]hat we did was not a crime. Criticising one's government is a right guaranteed in a democratic society". In an earlier trial, Dr Chee was sentenced to five weeks in jail.. He was also convicted on three charges, all now under appeal. However In an unexpected development, three charges were dropped by the Attorney-General's Chambers. No reason was given for the development, which amounts to an acquittal. (See below.) Yet another charge is to be dealt with in 2010. While the droppng of three charges is welcome, Dr Chee should not be charged for exercising his right to freedom of expression in the first place. Dr Chee argues that it is a matter of a fundamental right to freedom of speech and expression. He referred to the Law Minister telling Americans "there is no repression in Singapore". AI has repeatedly expressed concerns about restrictions on freedom of expression, international human rights standards and pointed to the government's promise to build an "open society". (yoursdp.org 6/9, TemRev 7/9). AI repeatedly calls for an end to the misuse of law to penalise critics.
Among the most recent actions undertaken by the SDP, Dr Chee and others are: demands for information on government leaders' salaries; new video interviews on the SDP's website -- beginning with gay rights activist campaigner Alex Au, women's rights campaigner Constance Singam, and anti-death penalty campaigner M Ravi(yoursdp.org); 10 US radio interviews prior to the APEC meeting in Singapore; in which Dr Chee called for US multinational companies doing business in Singapore to pay atention to corporate social responsibilities. (yoursdp.org 23/11); calls for Singaporeans to overcome their fear of getting involved in politics for "[e}veryone counts" ; opposition to a government plan to have a pre-voting day "cooling" period of 24 hours, when no campaigning will be allowed (the SDP points out that it does not apply to party-political broadcasts and news reports -- both of which are controlled by the People's Action Party. (SDP 1/12).
- "Stunning" acquittal: In a decision described as "stunning", District Judge John Ng acquitted five leading figures in the SDP -- Gandhi Ambalam, John Tan, Charles Tan, Chong Kai Xiong and Chee Siok Chin -- of the charge under the Miscellaneous Offences Act of taking part in an illegal procession 16 September 2007. The five had been marking in a public protest the first anniversary of the World Bank/International Monetary Fund protest held the year before. They had worn T-shirts bearing the words "Democracy Now" and " Freedom Now". They had also conducted a vigil for Chee Soon Juan who was then in prison. The judge ruled that their walk "did not cause inconvenience to the public, affect traffic flow or make noise which disturbed the public peace". Attorney General Walter Woon was appealing the decision. (SDP 16/9)
- Former prisoners of conscience: Former detainees launched a book in November. The Fajar Generation: The University Socialist Club and the Politics of Post-war Malaysia and Singapore was written by Dr Poh Soo Kai, Tang Jing Quee and Koh Kay Yew. Some 400 people attended the event -- a crowd so large that many did not get into the hall. Several former detainees spoke, including Tan Kok Fang and Dr Lim Hock Siew, who referred to the "bargain" offered to him for his release i.e. if he made a "confession". He rejected the offer as a matter of principle, seeing it as a ploy to save Lee Kuan Yew's face. He stated as his position: "My detention is completely unjustifiable and I will not lift a finger to help Lee Kuan Yew to justify the unjustifiable". Dr Lim was one of the numerous longterm prisoners for whose release Amnesty International campaigned. (TemRev 14/11, SDP 16/11, SeaTimes 16/11) The book is available from gerakbudaya@ gmail.com. Film-maker Martyn See charged that a new book by the PAP on its history neglects to refer to founding members such as Dr Lim Hock Siew and Dr Poh Soo Kai. Several were PAP members who had broken away and formed the Barisan Sosialis party in 1961 (bloodysingapore.blogspot.com 3/9)
- Yap Keng Ho was sentenced for public actions without a permit to 20 days jail in default of payment of a S$2,000 fine. Amnesty International Canada called for messages of support to be sent to him as well as letters to the authorities. (yoursdp.org 6/9, Temasekreview@gmail.com 7/9)- Jaslyn Go objected in her blog to the number five ranking of Mdm Ho Ching, CEO of Temasek Holdings, in Forbes' list of the World's Most Powerful Women. Ms Go referred to Temasek's losses and lack of transparency. Ms Go noted that Ho Ching is the wife of the Prime Minister and daughter-in-law of Lee Kuan Yew, and charged that the media, judiciary, law enforcement and public institutions are controlled by the ruling party.
- Wong U-wen, who is deaf, delivered a message on the SDP website (yoursdp.org 26/8) calling for a more equal and caring Singapore towards deaf and disabled Singaporeans.
- Singapore's Young Democrats (a division of the SDP) met prominent Malaysian opposition leaders and joined Malaysian opposition leader Anwar Ibrahim on stage at a rally in Malaysia. Anwar urged them to keep up their struggle. Further meetings were planned. (yoursdp.org 31/8)
- Freedom of expression media campaigners: Reporters Without Borders ranked Singapore 133 in its world press freedom index. Last year's ranking was 144. (Top were Denmark, Finland, Ireland, Norway and Sweden.) Singapore Assistant Professor Eugene Tan commented: "What really matters is whether Singaporeans take their media outlets seriously". IFEX focussed its free expression Spotlight on Asia in a November issue, in which it stated that Singapore used criminal defamation laws to control freedom of speech. (Vol. 18, #45 Ifex@ifex.org) The government appointed 17 people to sit on thecommittee to update policies on censorship of the media and the arts (I.e. broadcasting, films, videos, audio materials, new media etc). The committee stated that the public's views will be sought. (ST 25/9, 10/12) Singapore's highest court rejected the attempt by the Far Eastern Economic Review and editor Hugo Restall to have their defamation conviction overturned i.e. that FEER's 2006 inteview article on Dr Chee Soon Juan did indeed defame Lee Kuan Yew and PM Lee Hsien Loong. AI issued a press release (18/11) stating that the S$405,000 fine (approx. equivalent in Canadian dollars) faced by FEER and editor Hugo Restall reflected the "pattern of politically motivated defamation suits that have "created a climate of political intimidation and self-censorship in Singapore". (see amnesty.org oramnesty.ca)
FEER will now soon close down. The Economist described FEER as "the most successful regional current affairs magazine in the world...revered for the calibre of its reporters, for its analysis of politics and business and, especially, for getting up the noses of autocrats and tycoons....The Review has a long history of being taken on by Lee Kuan Yew in Singapore's courts". (Econ 24/9, AFP 8/10. Asia Sent 7/10, ST 8/10)) Asia Sentinel (18/11) wrote that " No publication has ever won a lawsuit against the Lees in their own courts". Freelance journalist Ben Bland was unable to get his work visa renewed after one year. Despite the British High Commission's intervention, the government was unwilling to disclose the reason for non-renewal. It seemed, however, to be related to his writing for the Asia Sentinel, which was seen as founded by former editors of journals that had been sued by Lee Kuan Yew. Writing in the Asia Sentinel, Ben Bland referred to the "insidious climate of self-censorship that cows both Singaporean and foreign journalists" despite the Law Minister's insistances at that time to a group of US lawyers that Singapore's low press freedom rankings were "quite absurd and divorced from reality". (AT 24/11) Reporting on Ben Bland's difficulties, IFEX wrote: "Hard-hitting investigative journalism is virtually non-existent in Singapore". Bland viewed Singapore as intolerant of even mild criticism and self-censorship. (ifex 2/12, 4/11, Gdn 1/12) The SDP protested at what it saw as censorship when Today newspaper omitted mention of the party in its story about the views of opposition parties regarding the next election -- even though the SDP had responded to a reporter's question. Today asked the SDP to do a follow-up story. (3/11.4/11) Three films with gay themes were rejected by the authorities. Rejected were Devotee (directed by Remi Lange of France), Tanjong Rhu (directed by Singaporean Boo Junfeng) and Threshold (directed by Singaporean Loo Zihan). Martyn See's filmed interview with Dr Chee Soon Juan, Singapore Rebel, was un-banned in September as no longer violating the Films Act. It is no longer considered a party political film. Mr See said he would also submit his Zahari's 17 Years documentary for re-evaluation. (AFP, Today and CNA 12/9) Catherine Lim (Catherinelim.sg), who last year called the new regulations on Internet speech a "shrewd balancing act, both to reassure the people and to warn off critics", asked Lee Kuan Yew at a forum in September if he would send in the army if the PAP lost an election. (IHT 18/9)
- Falun Gong practitioners: a group of five or six were arrested in October under the new Public Order Act after meditating and displaying posters depicting the persecution of their colleagues in China. They were charged with vandalising public property. It is feared that if they are deported to China they would risk persecution. AI Canada's China coordinator (quoted in an Epoch Times article 19/10) warned that "The Falun Gong have been deprived of their right to freedom of expression in China and therefore an extradition order could lead to an unfair trial, arbitrary arrest and detention, risk of torture or other ill-treatment as well as a risk of death in custody". I spoke about Singapore's mass of sophisticated laws to penalize critics. The Epoch Times viewed the arrests as government action to keep FG practitioners away from areas close to APEC meetings. Two FG practitioners (from Indonesia and Malaysia) were denied entry to Singapore in October. (ET 15/10, 19/10, 27/10) The FG in New York subsequently referred to numerous reports regarding the risk of torture in China, including reports from the UN on torture in mental hospitals, and the psychiatric imprisonment of FG practitioners, union and student members, all of whom were subjected to shock therapy and psycho-tropic medications. (info@falunhr.org ) The Hon. David Kilgour, former Canadian Secretary of State for Asia-Pacific and a prominent campaigner against China's treatment of Falun Gong practictioners, spoke at a Human Rights Day seminar in the UK Parliament -- with his topic the large-scale imprisonment without trial and the killing of FG practitioners in China for their organs. (dwkilgour@gmail.com)
The Liberal International submitted its concerns on several countries to the UN Human Rights Council. Quoting the IBA's 2008 report, it refers to the possible lack of judicial impartiality and/or independence impacting PAP litigants or interests, including: the imprisonment of five Singaporeans and one US citizen in 2008; the contempt of court charge against the editor of the Wall Street Journal; and the prosecution of anti-poverty demonstrators. Among the LI's recommendations were an end to the prosecution of activists and the upholding of justice by the judiciary. (yoursdp.org 10/9, 15/9) AI Canada circulated the information among its Singapore/Malaysia Network. In November, the LI accepted unanimously the SDP at its congress in Cairo. John Tan and Jaslyn Go attended as SDP delegates -- with John Tan described as giving an impassioned presentation on repression in Singapore. The SDP invited the LI to hold its Congress in 2010 in Singapore. (yoursdp.org 17/11) Young Democrats (a wing of the SDP) attended the AGM in Nepal of Young Liberals and Democrats in Asia, which included a seminar on how globalisation could be used as a tool for democratisation. Also considered was whether human rights and democracy were at odds with Asian values, contrasting the views of Lee Kuan Yew with those of the late Kim Dae Jung (a former prisoner of conscience) of S. Korea. (yoursdp.org 26/11)
Freedom House: its report on Singapore for 2008 listed major concerns: crackdowns on critics such as Dr Chee Soon Juan and US citizen Gopalan Nair; prime ministerial control over elections; restrictions on all forms of media; and misuse of laws such as the Societies Act, ISA and the Criminal Law Act. (freedomhouse.org).
The Taiwan authorities rebutted Straits Times insinuations that the prosecution of former Taiwanese president Chen Shui-Bian was politically motivated. They charged instead that it was Singapore that had been critricised in the IBA's "damning report" 2008 for limitations on freedom of assembly and expression and restrictions on the press and the independence of the judiciary. Taiwan referred to Singapore's numerous defamation suits and the World Economic Forum's ranking of 19th in judicial independence. (TemREv 22/9)
At a Young PAP meeting, project engineer Alex Tan, 22, blamed the PAP for the apathy of young Singaporeans. He saw main causes as PAP dominance and
the lack of press freedom. (ST 11/12)
Rule of Law: Law Professor Thio Li-Ann addressed a Law Society of Singapore seminar on the subject of rule of law and other indicators of constitutional governance such as human rights and democracy. She pointed out that Singapore's Constitution permits instances where the State is beyond law and judicial control , for example in the use of emergency powers and preventive detention, and made the point that the courts are independent. (ST 11/12)
New books: John Kampfner's Freedom for Sale - How we made money and lost our liberty is reviewed by Peter Preston as the story of the "Singapore style of government -- now spreading across the world -- {which] chillingly shows how much is lost under this brand of democracy". Describing Kampfner as a political journalist turned human rights campaigner, Preston says the book describes the "anaesthetised freedom of the city state of his birth...and the insidious spread of Lee Kuan Yew's model of democracy -- not just to Malaysia, but on to Beijing and beyond....You can accrete wealth and trappings, eat good food, live in a fine house and enjoy a 'good' life: just don't rock our boat....Utter a word out of place and you'll be sued, banned or taxed out of existence....Free choice can mean choosing not to get involved". (Publ. Simon and Schuster) (TOC 7/9) The Fajar Generation: The University Socialist Club and the Politicis of Post-war Malaya and Singapore, by Dr Poh Soo Kai, Tang Jing Quee and Tan Kok Yew -- see above under Former prisoners of conscience.
HELD WITHOUT TRIAL
- Three ISA detainees, all Singaporeans suspected of links with the Islamic militant groups, were conditionally released. Mohammad Sharif Rahmat was released in August. He had been held since August 2005. Simon Sabtu and Husin Abdul Aziz were freed in September ( both held since August 2002). Mohammad Sharif's Restriction Order requires him to undergo counselling and seek government approval before changing jobs or his address or going abroad etc. Simon Sabtu and Husin Abdul Aziz were released before the expiry of their detention order and must abide by similar restrictions under Suspension Directions. (ST 17/9)
THE ECONOMY AND LABOUR
- Economic trends: Both positive and negative developments were reported. Finance Minister T Shanmugaratnam saw the economic growth trend as likely to slow down because of labour constraints and the country's success in achieving high levels of income per head. (FT 1/11) Growth is expected to hit 5.5% in 2010. (ST 11/12)
- Economic development and human rights: A new book by John Kampfner, Freedom for sale -- How we made money and lost our liberty, devotes its first chapter to Singapore. Peter Preston reviewed the book as a study of the "Singapore style of government -- now spreading across the world -- [that] chillingly shows how much is lost under this brand of democracy". Calling the author a political journalist turned human rights writer, Preston says Kampfner illustrates the "anaesthetised freedom of the city state of his birth" and the "insidious spread of Lee Kuan Yew's model of democracy" to Malaysia, Beijing and beyond. "You can accumulate wealth and trappings, eat good food, live in a fine house and enjoy a 'good' life: just don't rock our boat....Utter a word out of place and you'll be sued, banned or taxed out of existence...Free choice can mean choosing not to get involved". (Obs 13/9) (publ. Simon and Schuster)
- Poverty and wealth distribution: The Economist (25/8) reported a UBS study that Singapore had the lowest wages and domestic purchasing power of all the Asian Tigers. While Singapore had the highest GDP in Asia at $49,288, according to a World Bank report, people in Singapore did not enjoy a quality of life commensurate with it. The opposition protested that, while government leaders' salaries remained secret, there was poverty in the country, exemplified by the case of Noor Mohammad, who was so poor that he seldom ate and lived in a beach tent. He was found guilty of not having a permit to camp, was fined $800, and in default was sentenced to four days in jail. (yoursdp.com 20/8) The SDP referred to official figures which showed a decade of decreased wages for low income-earners. The party listed as concerns: the elderly poor; wage suppression due to competition from foreign workers; temporary and contract terms; and longer working hours. SDP chairman G Ambalam criticised the government that "is prepared to throw $100 billion into troubled foreign banks, financial institutions and other toxic products....While PAP ministers retain their million-dollar pay which is recession proof". (yoursdp.org 23/8) Writer Wing Lee Cheong's latest article and cartoons addressed the question as to whether Singaporeans are better off now than 50 years ago. The answer for most baby boomers is: worse, despite economic advancements, the majority of the aging population feel no better than they did. "Many are stressed out by the anxieties of the absence of a dignified retirement plan, the affordability of health care and the uncertain future for their children". (Temasek report Oct 2009) The Online Citizen (3/11) referred to the Department of Statistics Report on Household Expenditures 2007/8. Following the publication of a book on poverty by AI Secretary General Irene Khan and the start of AI's worldiwde campaign on poverty, the SDP ran an article on the need for political and economic leaders who work for all people -- not just the favoured few. (yoursdp.org 6/12, The Unheard Truth - Poverty and Human Rights www.theunheardtruth.org)
- Foreign workers: The government said it was setting up a task force to deal with complaints from some 4,500 unpaid foreign workers. (ST 19/8) The Straits Times reported (3/12) that Julian Yip Si Wei was jailed for nine months for not paying the wages of his foreign workers. Reports of ill-treatment of domestic workers continued. Maselly Ab Aziz was convicted of abusing her maid -- sentence not known. (Information if posible, please.) (ST 29/10)
- Singapore banks and business: Allegations continue that Myanmar's leaders (also those of North Korea and Zimbabwe) bank huge sums in Singapore. US-based Earth Rights International called the situation "high-level corruption" (Age 9/10, Irrawaddy 10/9, Reuters 11/9, AFP 16/9) National Post (Canada) writer Diane Francis reported that Swiss Bank UBS was to hand over to the United States authorities information on the accounts of 4,450 wealthy Americans. She referred to the statement by Washington-based attorney Jack Bloom that a lot of client bank accounts have shifted to Singapore and that Singapore and others should now become a focus. (NP 22/8) AFP (10/9, 16/9) reported: "Wealthy Asians regard Singapore as the Switzerland of Asia, a rock-solid financial centre where savings can be kept safely and discreetly". However, the Straits Times (12/11) reported that Singapore was to be taken off the "grey" list of OECD countries not meeting international standards on information exchange for tax purposes. The World Bank survey on the ease of doing business ranked Singapore #1, New Zealand #2 and Hong Kong #3. (CNA 10/9)MIGRANTS/REFUGEES/ASYLUM SEEKERS
- Human smugglers arrested: FIve men, including three Chinese nationals were sentenced to jail. Singaporeans Tay Sze Kheng and Cheng Choon Yeow were given a two-year jail sentence. Cheng was also sentenced to three strokes of the cane. Wang Huigen (Chinese) was given a six-week sentence and a $2,000 fine. Yang Zhong and Zhang Qinghua (both Chinese) got six strokes and four and five weeks' jail respectively. (CNA 25/9)
TORTURE/ILL-TREATMENT
- Acquitted: Senior anti-graft officer Neo Sion Leng was found not guilty of injuring a suspect. He had been accused of causing injuries to suspect Ms Lin Yanmei in January 2008.
- Caning sentences: Three convicted human smugglers were sentenced to caning --- see under Migrants/refugees/asylum seekers. A prosecutor asked for a caning sentence for a father accused of sexually assaulting his daughter. The law states that those above the age of fifty cannot be caned -- and the accused turned fifty in October. (ST 1/10) (Further news, if possible, please ) Huang Shiyou, who molested nine young girls over a span of 16 months, was sentenced to 24 strokes of the cane and a 32-year jail term. (ST? 10.11) Hassan Sheik Habiba Rahman was sentenced to three strokes and 14 months in jail for molesting his 15-year-old foster girl ward. (ST 3/12) Three youths charged with armed robbery could face up to 24 strokes and 14 years' jail if convicted. They had used knives to terrorize their victims. (Today 25/10)
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MALAYSIA
OPPOSITION CRITICS/HUMAN RIGHTS DEFENDERS
- Congratulations! Awards to human rights defenders: The Penan, Sisters in Islam and Raja Petra Kamarudin were winners of this year's Civil Society Award organized by the Kuala Lumpur and Selangor Chinese Assembly Hall in recognition of their contribution to the development of civil society and opening up democratic space in Malaysia. Others shortlisted were: Bersih, Hindraf, Bukit Koman anti-cyanide committee, grassroots movement Jerit, SOS Damansara and activist Wong Chin Huat. (Mkini 11/12) And the Annexe Gallery, known for its championship of freedom of expression, gave its 2009 Annexe Heroes Award to a number of recipients, including political blogger Ahmad Hafidz Baharom, Tenaganita Director Irene Fernandez and Kee Thuan Chye (author of March 8: The Day Malaysia Woke Up). (Mkini 12/12)
- Indigenous activists opposed logging operations: Although Sarawak's laws and Constitution recognise native land rights, in practice logging and palm oil permits are supplied to companies, which encroach on native customary lands. The Penan again opposed inroads on their land rights. Hundreds of Penan set up new blockades against logging and palm oil companies. Friends of the Earth in Sarawak stated that most of their land had been destroyed and grabbed by plantation companies, thus depriving the Penan of the jungles -- the source of food. In early September, blockades in the Tutoh-Apoh area of Sarawak were drawing international concern. (Mkini 23/8, 2/9, 24/10, 25/11, 26/11) A government report on the Penan was made public, recording the sexual abuse of Penan girls and women by loggers in Sarawak. (AP 9/9, Mkini 9/9, Penan Support Group 11/9) The penalty for rape is up to 20 years' jail and whipping. (Mkini 10/9) Malaysiakini reported on one victim who had a child as the result of an apparent marriage to a logging employee, who left her two years later to return to his first wife (also a Penan). In another marriage between a Penan woman and a timber employee, the husband started beating her, but warned her that if she left him she would be dead in three days. (Mkini 27/11) Ibans were also involved in anti-logging blockades, as a result of which Iban Ondie Jugah was briefly arrested He was among a group of ten attempting to blockade access. The Ibans comprise almost half of Sarawak's population of two million.
Suhakam called for government action following the government's report on the sexual abuse of Penan girls and women. In October, the police reported that efforts to speak to victims' parents and victims themselves had faced difficulties due to problems of distance, trust and identity. (Mkini 15/10) A government committee planned to set up a special task force to spearhead investigations (Mkini 27/10). Malaysiakini described a "cultural gulf" between the state authorities and rural communities. (MK 28/10) By the end of November the Penan saw no action, no arrests, and no end to intimidation by timber companies and police. In December, five Penan communities were reported as suing the Sarawak government and 3 logging licensees and are demanding land titles for 80,000 hectares, nullification of four logging licences and compensation for damages. (Bruno Manser Fdn 10/12)
Articles continue to report their plight. Fifty-five families living in remote Long Lamam, Sarawak, for instance, were described as suffering the effects of state government handovers of essential jungles for "rampant" logging and oil palm plantations. (Mkini 23/11) A group of Penans in Kenyah village organized a blockade when Samling Timber Sdn Bhd failed to deliver on a pledge of timber for village buildings. (Mkini 23/11) In response, logging companies were reported to be turning to public relations companies to present a better public face. (Mkini 25/11) At the end of November, about 200 Penans declared 163,000 hectares of forest in Upper Baram as a Penan peace park. (Mkini 30/11) A mid-December BBC's investigation reported that logging companies were responsible for systematic rape and abuse of tribal women and girls -- some as young as ten.
- Moves on the Internal Security Act, the judiciary and international standards: Calls to abolish the ISA continue -- and are strongly opposed by the government. The (opposition) Democratic Action Party urged a national referendum on abolition of the ISA. (Mkini? 22.8) However, Malay NGO Pertubuhan Pribumi Perkasa Malaysia (Perkasa) called for the scope of the ISA to be enlarged to protect Malay-Muslim rights including: the use of the ISA for those questioning the status of Islam as the official religion; and as a control of those who excited racial sentiment in their writings, speeches etc. (Mkini 1/9) For the first time, the authorities opened to the press the Kamunting detention centre where ISA prisoners are held. Journalists reported clean and comfortable conditions, where food was nutritious. Journalists were not, however, allowed to speak to detainees. (Sun 8/9. Star 13/9 ) Their reports were in stark contrast to the reports of former detainees. On the 22nd anniversary of Operation Lalang, with the ISA still in force, Kua Kia Soong, director of Suaram (an ISA detainee in 1987), called the ISA a "vile" piece of legislation, about which he had written in his book, 445 Days Behind the Wire. (Mkini 27/10) Penang Chief Minister Lim Guan Eng (a former prisoner of conscience) announced October 1 that anti-ISA signboards would be publicly erected. (Star 12/10) The first such sign, however, was removed, reportedly by vandals. Penang authorities said it would be replaced. (Star 16/10). Malaysia's Home MInister called on the Bar Council to study five contentious issues before urging its abolition (MInsid 30/10). Raja Nazrin Shah of Perak advised a Judicial Colloquium that Malaysia should look beyond its national borders and adopt more international human rights thinking and standards in arriving at legal decisions. (Mkini 23/10) Malaysiakini reported (1/11) that economic growth had strengthened repression as experienced in the continuation of detention without trial, restrictions on the media and the great wealth amassed by the ruling elite at the expense of people, the environment etc. The Official Secrets Act, also used from time to time to restrict freedom of expression, has regularly been criticised by human rights defenders -- recently by Sim Kwang Yang. (Mkini 26/11)
Former Prime MInister Mahathir asserted that the ISA was still needed. Suaram called it an "irresponsible" statement for which he should be ashamed and should apologize. (suaram.net 30/9) In a renewal of concerns about the "Lingam tapes" (lawyer VK Lingan had alleged political bias regarding judicial appointments), Opposition Pakatan Keadilan Rakyat Vice-President Sivarasa Rasiah vowed to produce a key witness to provide information and so rebut the Anti-Corruption Commission's assertion that it had been unable to locate witnesses in its investigation of a crucial video and the claim of political bias. (Mkini 26/10, MInsid 29/10 )
Karpal Singh, a lawyer and opposition (DAP) MP, pressed the government to allow him to prosecute Lingam -- on behalf of the government, which had failed so far to do so. (Mkini 13/12)
- Anwar Ibrahim: His application to have the charge of sodomy (brought by former political aide Mohd Saiful Bukhari Azlan) struck out was rejected, as was his application to gain access to evidence to be used by the prosecution. (Mkini 1/9, 2/9, 3/11, 1/12, MInsid 6/11, Asia Times 2/12) His lawyers applied to have seven prosecutors barred from the trial on the grounds of a danger of bias. For example, the Attorney General Abdul Gani Patail had fabricated evidence regarding Anwar's black eye in 1998 -- yet no action had been taken by the then prosecutors -- who are now involved in the current trial. (Mkini 3/9) If convicted, Anwar faces up tp 20 years in prison. Anwar also saw a Court of Appeal strike out his RM 100 million defamation suit against former Prime Minister Mahathir ( for wrongful dismissal as Deputy Prime Minister in 1998). (Mkini 20/10) However, a High Court ordered the New Straits Times to pay Anwar RM100,000 for defamation in an article that claimed he had foreign links to Western interests and had money stashed in foreign accounts. In November, Anwar was stopped from delivering a full public speech, due, the police said, to "protests from 30 UMNO Youth members". A new book was launched, Anwar On Trial: In the Face of Injustice. Written by lawyer Pawancheek Marican, it examines in detail the workings of the controversial corruption trial ten years ago. Available via Gerakbudaya sird@streamyx.com. While Anwar Ibrahim faces serious problems in the courts in Malaysia, his international standing remains high -- in its annual ranking of the world's top 100 global thinkers, Foreign Policy Magazine placed Anwar at # 32 for his challenge to the Muslim world to embrace democracy. (FPM 2/12)
- Hindraf and Human Rights Party leader P. Uthayakumar is facing a trial for publishing a 'seditious' letter on a website. The letter was addressed to UK Prime Minister and was said to contain a reference to a boy killed by police. His court appeal for the judge to recuse herself was rejected. (28/9, 15/10) In October, he lost his bid to have his sedition trial transferred form the Sessions Court (which he charged was biased) to the High Court. (HRP 27/10) In a second case, the Attorney-General withdrew his appeal against a court decision that declared Kumar's 2004 arrest illegal. Kumar had been arrested at that time after lodging a report against police for threats at gunpoint. (HRP 27/10) Following his participation in a recent protest against an anti-Indian 'cow's head' demonstration, he showed strangulation and bodily assault marks due to security personnel treatment. (See below on racism and religious freedom.) Key Hindu rights leader S Jayathas was arrested for wearing an anti-ISA badge at a short prayer ceremony marking the second anniversary of the arrest of five Hindraf leaders. He was released several hours later, but must report back to the police. (Mkini 13/12)
- Allegations of racism and religious freedom: Ethnic Indian Malaysians and Hindu rights campaigners as well as individual activists strongly campaigned for an end to discrimination against Indians and Hindus. Actions were largely led by P. Uthayakumar -- former prisoner of conscience released earlier this year -- leader of the Human Rights Party, and Waytha Moorthy, chairman of Hindraf and now living in exile in the UK:
- A series of articles on their marginalisation was issued by N Naragan. (naragan@gmail.com 1/12, 6/12)
- An end to the ban on Hindraf was urged.
- Hindraf/will hold a briefing in the House of Commons, UK, in January 2010 to raise concerns that include accusations that the Malaysian government remains in non-compliance with the 1963 Malaysia Agreement andthat native customary land is being lost to large plantation companies. Hindraf, which will be accompanied by activists from Sabah and Sarawak, has pending class action suits against both the British and Malaysian governments. (Hindraf 12/11)
- Hindraf stated that laws were used selectively and referred to lack of government action on an anti-Hindu protest displaying a cow's head. Hindraf regarded the protest as inflammatory and provocative as the cow is a Hindu religious symbol. The authorities had taken no action by the end of August. (Hindraf 31/8), and the Home MInister was quoted as defending the cow's head demonstration. Calls for his resignation were voiced. Only later did he call for action against the anti-Hindu protesters. (MInsid? 2/9, 3/9, 4/9) Twelve were then charged with illegal assembly, among whom six faced sedition charges for causing racial tensions. (Minsid 8/9, Mkini 9/9)) Related to the cow's head protest was a request by the authorities to Internet news site Malaysiakini to remove two 'provocative' videos, including footage of the cow's head protest. (Mkini 4/9, 10/9) Human Rights Watch criticised the request, saying that Malaysians had a right to see what happened. (HRW 22/9)
- P Uthayakumar and colleagues were arrested at a candlelight vigil over the relocation of the Shah Alam Temple. (5/9) Malaysian Insider reported that 16 people were released the following day (MInsid 6/9) Batu Tiga assemblyperson Radziah Ismail lodged a police complaint after alleging there had been intimidation including death threats.
- Hindu rights campaigners organised a number of events to mark the second anniversary of 25 November 2007 protests, including a public hunger strike, the handing over of a letter of concern to the PM's Department, and prayers at over 100 locations. (Hindraf 24/11, www.makkal.org 24/11, www.humanrightspartymalaysia.
- The Human Rights Party expressed numerous concerns about unfair treatment of Hindus and Hindu locations, including Indian schools, temples, crematoriums, squatters and poor landless Indians. One Indian girl was excluded from school and examinations because the authorities had refused to issue her necessary birth certificate and identity card. Protests were staged about the demolition of or threats to Hindu sites. Government authorities in turn claimed that state government land had been granted for 64 Hindu temples and RM400,000 given to Tamil schools. (HRP 16/9, 18/9, 19/9, 23/9, 27/10, 3/11, 10/12, 17/12) The HRP called on the government to resolve the stateless status of many Malaysians, mostly Indians, including 150,000 Indian children.
- Malaysia's budget: HRP made a number of proposals, including providing for a minimum wage of RM 1,200 and establishing an anti-racial discrimination commission. Selangor assemblyman M Manoharan criticised the budgetary lack of provisions for Indians. (HRP 13/11)
- In October, UMNO president Abdul Razak urged the party to reform as necessary for its survival and to safeguard the interests of all races. (Mkini 15/10)
- The Catholic Herald lost its publishing permit for a year reportedly over its use of the word "Allah". The government maintained that "Allah" should be used only by Muslims. (MInsid 14/9, ST 13/11) The Herald's application to publish in the Kadasandusan language was also rejected, seemingly to avoid the erosion of Islam. (Mkini 7/12) The Prime MInister was later asked to urge the Cabinet to revoke its decision to ban the use of the word "Allah'" for religions other than Islam. Opposition leader Lim Kit Siang (a former prisoner of conscience) commented that it would be a test of whether the PM's "One Malaysia" slogan was to be taken seriously. (Mkini 2/11) Fan Yew Teng (also a former prisoner of conscience) accused Deputy PM Muhyiddin Yassin of racist comments. (Aliran Vol 29/7)
- Conversion? S.Banggarma (Muslim name Siti Hasnah Vangarama Abdullah) claimed she was unwittingly converted to Islam as a child when she was living at a welfare home. Problems arose for her when she was unable to register her Hindu rites marriage in 2000 (she married a Hindu). It was also difficult for her to register her two children and obtain birth certificates for the
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