Thursday, December 20, 2007

Catholic weekly in quandary over permit

The organ of the Catholic Church, Herald is facing problems in renewing its yearly publishing permit allegedly over the use of the word ‘Allah’ in the weekly’s Bahasa Malaysia section.

According to Church sources, the government is not happy with the use of the word ‘Allah’ by the weekly when referring to ‘God’ in Bahasa Malaysia.

The use of ‘Allah’ outside of Islam has previously stirred controversies in Malaysia. Four years ago, the Bible in Iban language was banned because it translated the word ‘God’ as Allah Taala, which resembles Islam’s name for God, ‘Allah’.

The ban was however lifted after protests from the Christian community.

The Herald, which is published in four languages - English, Bahasa Malaysia, Chinese and Tamil - has a circulation of 12,000. The weekly’s permit is due to expire in two weeks.

The Herald - which publishes news and information for Catholics in Malaysia - have previously received written warnings pertaining to the content of their articles primarily those which touch on religious and political issues.

Most recently, the Herald frontpaged both the Bersih and Hindraf rally which saw tens of thousands protesters hitting the streets of Kuala Lumpur.

Remove BM section

Opposition leader Lim Kit Siang in a statement yesterday said the Home Ministry has imposed a new condition for the renewal of the Herald’s publication permit - that the BM section of the weekly be removed altogether.

This is confirmed by sources close to the Catholic weekly.

Lim has described Prime Minister Abdullah Ahmad Badawi’s administration as one which has promoted religious polarisation the most as compared to four previous prime ministers.

Examples that the DAP veteran included are the demolition of the Sri Maha Mariaman Temple in Kampung Rimba Jaya in Shah Alam one week before Deepavali.

“This was followed by the disrespect and insensitivity when the Umno General Assembly was held on Deepavali – imagine the protest and outrage if the MCA or MIC had held their general assemblies during the Hari Raya holidays,” he said.

In addition, during the party assembly, Umno Youth deputy chief and prime minister’s son-in-law, Khairy Jamaluddin blamed the Indian news vendors for taking a holiday during Deepavali which resulted in Abdullah’s speech as Umno president not being prominently reported by the media.

Lim also noted the incident when two Umno parliamentarians - Syed Hood Syed Edros (BN-Parit Sulong) and Mohamad Aziz (BN-Sri Gading) demanded the removal of the cross and demolition of Christian statues in mission schools.

“The PM must take urgent measures to arrest the worsening of inter-religious relations in the country and halt the growing number of incidents of disrespect and insensitivity felt by non-Muslim Malaysian,” he added.

No need for non-Muslim affairs dept

Meanwhile, Abdullah yesterday said it was not necessary to set up a non-muslim affairs department because an effective special committee is already in place.

He said this after Indian non-governmental organisations requested the government to set up the department to handle the affairs of non-Muslims in the country.

The premier explained that the existing committee in the PM's Department comprised of
Minister in the PM's Department Bernard Dompok (handling Christian matters), Works Minister S Samy Vellu (Hindu) and Housing and Local Government Minister Ong Ka Ting (Buddhism).

Abdullah also said that the National Unity Department has a similar committee with a minister (Dr Maximus Ongkili) entrusted with matters pertaining to solidarity, religions and beliefs.

Hindraf supporters shave heads to protest detention

More than a dozen ethnic Indian activists shaved their heads outside Batu Caves temple today to protest the detention of their leaders under the tough Internal Security Act (ISA).

Five leaders of the Hindu Rights Action Force (Hindraf), calling for an end to alleged discrimination of Indians in multi-racial Malaysia, were held last week under the ISA which allows for indefinite detention without trial.

More than 100 Indians gathered on the banks of a river near a temple at Batu Caves, just outside Kuala Lumpur, where 16 people shed their hair.




"The 16 of us have shaved our heads as a protest against the detention of the five leaders of Hindraf who are being held under the ISA," said activist S Jayathas.

"We do not believe they are a threat to national security and we think the ISA should be abolished," he added.

According to rights group Suaram, 89 people are currently being held under the ISA with almost half of those held being alleged Islamic militants.

Gandhi posters

The group then carried pictures of Indian non-violence Independence leader Mohandas K Gandhi as they headed towards the temple where prayers were held.



"In the Hindu religion, people shave their heads as a sign of mourning," said opposition PKR leader Sivarasa Rasiah, who was present at the event.

"Here, it reflects the sadness over the detention of the leaders and that protests against their detention and the fight against discrimination will continue," he told AFP.

Hindraf enraged the government last month by mounting a mass rally alleging discrimination in Malaysia, which is dominated by Muslim Malays.

Police used tear gas, water cannon and baton charges to break up the street protest, which drew 30,000 people and came just two weeks after another rare demonstration organised by electoral reform campaigners.

Wednesday, December 19, 2007

Why should I go back to Malaysia?

Discordant Duke | Dec 19, 07 4:36pm
I am an ordinary Malaysian who has been living in United Kingdom for almost half a year now. I have never felt more Malaysian until I reached the UK. I take pride in my identity as a Chinese Malaysian, in that order. It never tires me to point out that being Chinese does not automatically mean that I come from China, Hong Kong or Taiwan.

In the course of my work in a hostel here, I recently encountered verbal abuse which was racial and religious in nature from a resident. Not realising the gravity of the situation, I briefly recorded the incident in the logbook.

The next day I received a call from my immediate boss telling me to see the deputy housing manager as my complaint was viewed very seriously. To cut a long story short, the deputy housing manager assisted me in filling out an official hate crime/incident report that resulted in the resident being booted out from the hostel a few weeks later.

Just when I thought that the whole matter was over, I received a note from a police officer today leaving me his contact number. He asked if I wished to pursue the matter further and told me that in the future such abuses can be reported directly to him if I do not feel comfortable going through the channels in my workplace.

As a non-citizen, I felt amply protected by the laws of this country. It’s not that UK has a perfect system or that racism does not exist in this society. At least I am institutionally protected from overt discrimination such as racial and religious prejudices.

It has never occurred to me that racism was taken so seriously as per my case. This is probably because I grew up in an environment where racial discrimination is institutionalised and accepted as part and parcel of our life in Malaysia. After 50 years of independence, our education system, economic policy and political sphere are still ruled according to the dictates of race. It seems to me that we have not been freed after all from the shackles of colonial mentality divide-and-rule..

Maybe I am not seeing the bigger picture of our country’s laws and policies. But I am not the only one. Contrary to the landslide election results cited by our government every time criticisms are mounted, I can confidently say that the realities around me are very different.

I know of brilliant overseas students who refuse to return to Malaysia upon graduation. There are diligent local graduates working their way out of the system and dissatisfied friends and family who have no other recourse but to spend their time grumbling at mamak stalls. To say the least, our laws and policies are damaging the psyche of our nation.

How can we supposed that the general election results represent our public and political consciousness when the minister in the prime minister’s department so bluntly said in an Al Jazeera interview that the views of opposition members carry no weight?

This is contrary to the tenets of democracy. How can we reasonably believe in clean and fair elections when efforts to publicly debate such issues were reduced to childish name-calling and trivial bickering?

Yes, I am making a comparison between UK and Malaysia. The prime minister recently said that public security is of paramount importance but I cannot help but feel more secure and protected by a foreign country’s rule of law of a foreign country rather than my own. My short stint in the UK has exposed me to a law enforcement that takes the extra mile to assuage me of my fear of discrimination while my many years of encounters with the Malaysian police force was of intimidation and bribery.

All these are compounded by the discrepancy between what our mainstream newspapers report and the personal realities around me. The media tells me that the disgruntled are only a small segment of Malaysian society but everyone around me seems to be dissatisfied. The media says that only a minority in the police force are corrupt but everyone I know has at least one bad tale to tell. The media’s estimates of participants in recent demonstrations were hard to reconcile with what I saw on Youtube.

I am not saying that Malaysia should emulate her past colonial master all-and-sundry. No doubt we have much to learn. If I may take the comparisons one step further, the UK treats me, a migrant worker, more like a human being than we in Malaysia treat our migrant workers.

How can our migrant workers be more than a commodity when we have legislation against their love lives and none to provide them with more humane conditions of labour? Given the way we alienate our Indonesian neighbours in our country, no wonder they do not see that we share the same cultural roots.

Dear prime minister, I have been asking myself again and again why I (or anyone else in my shoes) should go back to Malaysia? An ordinary Chinese Malaysian like myself is more protected by the law, has more merit-based opportunities and can live a more comfortable life in the UK.

The only reason I tell myself is that Malaysia is where I belong - the people, the culture, the history and all. Tanah tumpah darahku. This is my society. This is where I want to contribute my productive and creative energy.

The recent events have distanced me from such sentiments altogether. Honest and loyal citizens struggling for a better Malaysia have been made to look like the worst traitors, charged with attempted murder and accused of conspiring with terrorist groups. The rhetoric of Ketuanan Melayu is getting louder by the day, nurturing a cultural and political system that I am becoming more and more estranged with. People in positions of power to affect change remain in absurd denial of a reality that all sane people know to be true.

Dear prime minister, I am writing and expressing my thoughts simply because I still believe and hope. Despite the many who have chosen to opt out of Malaysia, I still want to be optimistic about the possibilities for change. I trust that you still hold on to your promise of working with and for the people.

I am just an ordinary Malaysian who wants to see a better Malaysia. I pray that you will hear the concerned voices and reinforce my conviction that Malaysia is a country for all - regardless of race, religion or creed.

Tuesday, December 18, 2007

I told PM the truth

As citizens of Malaysia, Indians have the right to enjoy equal opportunities and must not be treated like third-class citizens.

This was the crux of Malaysian Indian Business Association (Miba) president P Sivakumar's hard-hitting speech during the special meeting between Indian non-governmental organisations (NGOs) and Prime Minister Abdullah Ahmad Badawi last Friday.

"In the past, only the educated and middle-class Indians were unhappy about the difference in treatment. But over the last three years, every Indian in the country is unhappy and angry over the way we are treated," he said.

Sivakumar told Malaysiakini yesterday that at the onset of his speech, he sought permission from Abdullah to speak without fear or favour and to tell him the truth.

To this, he said, the premier replied: "Yes, please tell me the truth."

Following this, Sivakumar continued: "As you (Abdullah) are aware, the communities in Malaysia are affluent and very much matured after 50 years of Independence."

"The term bumiputera and non-bumiputera literally means 'son of the soil' and 'not son of the soil' (respectively). That means the Indian community was born where - in the sky?" he said, telling Malaysiakini that Abdullah tittered at this remark.

Sivakumar said in the past, the New Economic Policy (NEP) won the support of all three communities because it was initiated to address the socio-economic position of all races.

"So what is happening?" he asked the premier.

"What (is) 40,000 Indians? You should have given the (police) permit, there would have been more than 300,000 Indians on that day," he added in reference to the Nov 25 rally organised by the Hindu Rights Action Force (Hindraf).

The urban poor

Citing the agriculture sector, Sivakumar said there more than 70 percent Indians were involved in this sector.

"When the policies changed, what measures did the government take to address the thousands of Indians chased and driven out of the estates, with nowhere to go, and no housing left," he added.

The Miba president said this led to the emergence of urban poor, resulting in serious social problems like gangsterism.

"Indians killing each other for a living, who is to be blamed?" he asked.

"If only a Felda-type (scheme) had been extended to these Indians, with proper nurturing and with land given to develop small holdings and animal husbandry, they would have contributed well to the economy and even cut down our import bill, especially on dairy products. We need not depend so much on foreign workers," he said.

On the issue of funding, Sivakumar pointed out that MIC recently held seminars by calling Agriculture and Agro-based Industries Minister Muhyiddin Yassin who promised the Indian community help and support.

"But what happened? Let's take Johor for example, I personally followed up with the (state) Agriculture Department after Muhyiddin reminded the director to help the Indians.

"Nothing, not a single ringgit was given to the Indians," said the Johor-based businessman.

"Let's take other funding agencies, like MIDF, SMIDEC and SME. Yes, all (of them) like to hold seminars, (produce) good paper work. But nothing for the Indians," he added.

No help extended

As for privatisation, Sivakumar once again cited the situation in Johor.

He said the state government identified 43 projects. "The community was offered only one project, only to be retracted after two weeks. Why?"

Apart from this, the Miba president also reminded the premier that the latter had pumped RM100 million into a fund to help single mothers embark on business ventures.

"I checked with them (the fund), nothing was extended to Indian single mothers in Johor," he said.

Turning to the construction sector, Sivakumar said: "You (Abdullah) had offered 30,000 jobs, (but) when a group of Indians went to apply for tender, they were told to leave because it was only for bumiputeras.

"They had to leave the place with shame and tears. Is this fair? Aren't they citizens (too)?" he added.

Moving to the civil service, Sivakumar quoted Abdullah as saying that Indians make up five percent of the civil service.

"But our population is nine percent, what about the balance four percent? At least, place Indians where help is needed. For example, EPF in JB (Johor Baru), only one Indian, Socso none, post office none," he said.

The Miba president also highlighted that the scrap metal business, which involves many Indian businessman, is now under threat of licences not being renewed.

"Who will take care of their families and children if they cannot perform?" he asked.

Three-percent equity

On the Ninth Malaysia Plan (9MP), Sivakumar noted that it has been three years since Abdullah announced the three percent equity target for Indians.

"What are the steps and measures that you have initiated, please tell us. Even now, it is not too late, we have initiated an independent co-op for the community without any political group’s control. PM can help by funding this.

"I have even given (MIC president) S Samy Vellu a project paper on where Indians can go into - bio-tech business as a self-help programme. Why not help us because the Indians need the government's help. The Indians need opportunities," he said.

Sivakumar also highlighted the issue of temple demolitions and asked for temples constructed before Merdeka not to be demolished.

On that note, he also urged Abdullah to review the detention of five Hindraf leaders under the Internal Security Act (ISA) and called for them to be charged in court.

He also called for the release of the 31 people charged for the attempted murder of a policeman in connection with the Hindraf rally. Yesterday, Attorney-General Abdul Gani Patail withdrew the charge.

Sivakumar told Malaysiakini that he wrapped up his speech by apologising to Abdullah if he had offended the latter with his remarks.

According to him, the premier replied: "Not at all, Thank you for telling me the truth."

The special meeting between the NGos and the prime minister was called following widespread debates on the allegation raised by Hindraf that Indians in Malaysia are being marginalised.

Monday, December 17, 2007

Hindraf 31: AG drops attempted murder charge

Attorney-General Abdul Gani Patail today dropped the attempted murder charge against the 31 individuals - dubbed the Hindraf 31 - who had allegedly taken part in an illegal assembly and were also accused of causing severe injury to a policeman at the Batu Caves temple on Nov 25.

He also withdrew all charges against six others - five of them students - while the remaining 25 pleaded guilty to charges including illegal assembly and causing mischief.

Shah Alam Sessions Court judge Nursinah Adzmi fixed bail at RM500, with one surety each, until she delivers sentence on Dec 27. They face up to five years in prison or a fine, or both, when they are sentenced next week.

Approached to comment on why the charges were dropped, Abdul Gani said it was difficult to pinpoint exactly who threw the brick that had injured officer Dadi Abdul Rani.

“I could be very strict but not this is not the time. This is not a goodwill gesture (to them). This is the fairest thing to do,” he said briefly.

He also said the 31 had written to him, disassociating themselves from the Hindu Rights Action Force (Hindraf) - which had organised the rally in Kuala Lumpur - and undertook to not participate in an illegal assembly again.

The Hindraf rally saw 30,000 disgruntled Indians taking to the streets of Kuala Lumpur. Police had used chemical-laced water and tear gas to disperse them.

Family-members present

Family members of the accused had initially gathered at the Shah Alam High Court as early as 9am, to hear the outcome of a bail revision hearing that had been postponed last Thursday.

Abdul Gani told justice Zaharah Ibrahim that lawyers for the accused had decided not to proceed with the revision, and the matter reverted to the Sessions Court.

The crowd of close to 150 then packed into Sessions judge Azimah Omar’s court and waited for an hour before they were informed that the judge was on leave.

The matter was transferred to Nursinah’s court. The crowd almost brought proceedings to a halt in the courtroom, while police tried to restore order.

With hardly any room to move, family members remained standing to catch a glimpse of the accused when they were brought into court. Relatives, who were in tears, managed to embrace some of them.

When the court adjourned, the crowd cheered as the 31 were released. Many family members were seen thanking lead defence counsel, GK Ganesan.

Plea bargain

Ganesan (right) told Malaysiakini that he was happy with the AG’s decision.

“The AG showed extreme compassion and understanding. The parents of the accused are all very grateful that the charges have been withdrawn,” he said.

He also affirmed that he had made representations for plea bargaining to the AG on behalf of his clients last Thursday, to have the attempted murder charge withdrawn.

“I wrote to the AG to state that my clients are sincerely remorseful and deeply regret the event. All they want to do is to go back to work and be reconciled with their families,” he added.

Another lawyer for the accused, A Sivanesan (left), ticked off MIC for seeking to take credit in the dropping of the attemped murder charges.

"(MIC leader S) Samy Vellu was misleading to make such statements. The representation was made by the lawyers, not MIC," he said.

S Ramash Kumar, 22, one of the students who was discharged, described his time in Sungai Buloh prison as “hell”.

“The treatment was bad, the food was bad. I just want to thank all the Indians for their support,” said the soft-spoken first-year civil engineering student of the Universiti Industri Selangor.

Vasanta Rao, a 19-year old student at a teacher's training college, was one of the five released unconditionally.

"I thank the government. I only went to the temple ... for prayers that day and was arrested. I'm now very happy to be free," he told reporters.

PM urged AG to drop charges

Prime Minister Abdullah Ahmad Badawi had earlier urged Abdul Gani to drop the murder attempt charges after appeals by family members.

But Opposition Leader Lim Kit Siang (right), who was present in court today, called for all the charges to be withdrawn.

"Although I welcome the dropping of the attempted murder charge against the 31, I'm disgusted that the attorney-general had not withdrawn all the charges against the other 26," he told AFP.

Abdullah said those detained were misled by ethnic Indian rights group Hindraf, who had organised the Nov 25 rally that drew at least 30,000 people to the streets of Kuala Lumpur.

Abdul Gani said most of the 31 accused had submitted affidavits saying they did not support Hindraf and many vowed not to take part in future illegal assemblies.

Thursday, December 13, 2007

Families visit Hindraf 5 at Kamunting

About 30 relatives were able to meet five leaders of the Hindu Rights Action Force (Hindraf) this morning at the Kamunting detention camp, where they are being detained for two years under the Internal Security Act (ISA).

Hindraf legal adviser P Uthayakumar, lawyers M Manoharan, R Kenghadharan and V Ganabatirau and organising secretary T Vasantha Kumar were arrested yesterday afternoon and immediately sent to the camp in Taiping, Perak.

Family members rushed in a convoy from Kuala Lumpur this morning to visit them.

Officers set up two tables in a room where the detainees were brought out two at a time to meet between five to six family members each.

Manoharan’s family members were the first to enter the visitation room.

“He said he was okay,” said a close friend of the family who also got a glimpse of him.

Lawyers were also allowed in, including N Surendran who had accompanied family members of Uthayakumar and Ganabatirau during the simultaneous visits.

“They are in very high spirits and determined to last it out,” he said when contacted.

He added that the five, who had arrived at the detention camp about midnight, appeared to be in good health.

A close relative of Uthayakumar told Malaysiakini that a handful of Hindraf supporters had gathered in front of the detention camp.

“We’re not asking anyone to gather here. Instead, we have encouraged them to continue their prayers for the safety and well being of the detainees,” she said.

Immediate visits upon detention under ISA are a departure from procedure.. Typically, family members are only allowed to visit detainees after two months of detention.

Video - Uthaya Parting Message 1 & 2

Hindraf arrests: Use of ISA slammed

Several opposition leaders and civil society groups have unanimously condemned the arrest of five leaders of the Hindu Rights Action Force (Hindraf) under the Internal Security Act (ISA).

Inspector-General of Police Musa Hassan confirmed that they were arrested under Section 8(1) of the ISA, for allegedly carrying out activities that threaten national security.

The five were arrested at various locations in Selangor, Kuala Lumpur and Seremban. They are Hindraf legal adviser P Uthayakumar, lawyers M Manoharan, R Kenghadharan and V Ganabatirau and organising secretary T Vasantha Kumar.

They were sent to the Kamunting detention camp in Taiping, Perak for a two-year detention, without this being preceded by the 60-day investigation period.

Lim Kit Siang, Parliamentary Opposition Leader and DAP MP for Ipoh Timur

ISA, detention without trial, the infamous and notorious law whereby a person can be detained indefinitely without any grounds of offence, I think, is something which never should have been enabled.

I think if they are guilty of sedition or whatever it is, they should be charged in court and let their guilt be established after an open trial (where they are) allowed to defend themselves.

Karpal Singh, DAP national chairperson and Bukit Gelugor MP

I think the use of the ISA under these circumstances cannot be justified, or (even) under any circumstances. He should be given an opportunity to face trial in an open court if there is evidence. I think the home minister is going too far in having invoked the ISA.

Our men are inside, M Manoharan and V Ganabatirau, (are) members of DAP. We will definitely take the necessary action not only for both of them, even the others. In the public interest, action should be taken by DAP to make sure nobody is victimised by the provisions of ISA.

Ambiga Sreenevasan, president, Bar Council

I am very shocked and saddened by the announcement of ISA arrests. The Bar Council has always been against detention without trial. It is our view that they should be brought to trial.

In the meantime, we trust that they will be treated humanely, that their families will be kept informed as to their whereabouts and that they will receive proper care including medical treatment. The Bar Council calls for their immediate release.

S Arutchelvan, pro-tem secretary-general, Parti Sosialis Malaysia

We are not surprised by the arrest of Uthayakumar and the four others under the draconian ISA.

Abdullah Ahmad Badawi is no different from the previous prime ministers who resorted to ISA whenever they were unable to handle political storms.

It is time for Barisan Nasional and ISA to go. Only with the Barisan Nasional’s defeat can we also defeat ISA which has been ruling our lives for the last six decades.

Yap Swee Seng, executive director, Suara Rakyat Malaysia

We condemn the use of ISA against the five Hindraf leaders.

This is a gross human rights violation. It is a shame that Malaysia, which is a member of the United Nations Human Rights Commission, has to resort to this draconian law to curb political criticism.

We call for the release of detainees or for them to be charged in court if the government feels that they have committed any crime. There are ample laws to take action against them if indeed they have committed any crime. To use ISA is certainly unjustifiable and indefensible.

These people will not be given the right to defend themselves against charges including the alleged terrorist link. They will be denied the right to trial and to legal counsel.

Shanon Shah Mohd Sidik, executive director, Amnesty International Malaysia

Amnesty International Malaysia is extremely regretful that after 50 years of independence and in the 20th anniversary year of Ops Lalang, the government has yet again resorted to using the ISA to suppress peaceful political, academic and social activities, and legitimate constructive criticism by NGOs and other social pressure groups.

Today's ISA arrests are clearly meant to limit the political space for important debates on issues of economic policy, corruption and other social challenges.

Amnesty International Malaysia is also extremely concerned at this juncture because the ISA is also an indisputable symbol of torture, as confirmed by the court judgment on former ISA detainee Abdul Malek Hussin.

We hereby call on the Executive to abolish the ISA and rectify the culture of impunity that exists in Malaysia. We also call on the Executive to implement the royal commission's recommendations and to implement the Independent Police Complaints and Misconduct
Commission to investigate such abuses in the future.

Centre for Independent Journalism (CIJ) and Writers Alliance for Media Independence (Wami)

CIJ and the Wami are deeply disturbed that the government has resorted to the draconian ISA to arrest five leaders of Hindraf.

The arrests indicate that the government of Abdullah Ahmad Badawi has lost all respect for the mandate that the people gave him based on his promises for reform and greater accountability.

CIJ and Wami are concerned that such a blatant crackdown will lead to instability which the government says it is trying to prevent. The use of ISA spreads terror and unrest among citizens and seriously mars the standing of the country internationally.

We urge the government to release the five immediately or give them the recourse to a trial in court.

Norhayati Kaprawi, programme manager, Sisters in Islam (SIS)

SIS strongly urges the government to review its decision to use the ISA against five Hindraf leaders; (we) call for their immediate release.

SIS wishes to remind the government that the use of the ISA, which denies citizens the right to defend themselves in a court of law, is against the principles of democracy, good governance and Islam Hadhari.

The use of the ISA clearly contradicts and brings disgrace to the international image of Malaysia, especially since Malaysia sits on the United Nations Human Rights Council.

Aliran Executive Committee

Aliran condemns the arrest of five Hindraf leaders under the obnoxious ISA. These arrests are certainly a huge step backwards for democracy.

When the Barisan Nasional detains its citizens under the draconian ISA, it concedes that it has lost its moral authority and has no justification to frame a valid charge and take them to court under the existing laws.

Hindraf leaders, like many other (detainees) before them, do not deserve the unjust ISA. Nobody should be detained without trial.

Detaining them under this undemocratic law will not resolve the underlying causes of the grievances and disillusionment that have been expressed by the Hindraf leaders and which have struck a chord among Indian Malaysians.

Malaysians will know that what the BN is trying to protect is its own security and interest and the survival of the (BN component party) MIC. It is the fear of the eroding loss of confidence that has driven the BN to take this desperate action.

Aliran calls on the government to immediately charge all of them in a court of law if they have flouted any law or release them unconditionally.

Uthayakumar's parting message


Hindu Rights Action Force (Hindraf) legal adviser P Uthayakumar saw it coming - that he would be arrested under the Internal Security Act (ISA), a tough law which allows detention without trial. In a video message recorded two weeks ago, Uthayakumar called on Hindraf supporters to continue the struggle despite should he be detained under ISA. “We knew what we were getting into from the beginning of our struggle. We knew this can happen to us. “We’ve come a long way - we’re fighting a just cause (and for) justice by using peaceful means to succeed,” he said. “By arresting us under the ISA, the issue of the marginalisation and the permanent colonialisation of Indians in Malaysia will take a higher profile. “We must look at it positively because that way we (can) get the government and international attention.” The video was recorded on Nov 29 in Kuala Lumpur High Court - the day when Uthayakumar applied for a revision of the restraining order obtained by the police against the mammoth Hindraf rally. Today, Uthayakumar and four others - lawyers M Manoharan, R Kenghadharan and V Ganabatirau and organising secretary T Vasantha Kumar - were arrested under Section 8(1) of the ISA. In a rare move, the five were sent straight to the Kamunting detention centre in Taiping, Perak, to be detained for two years, without undergoing the usual 60-day investigation period.

Link to terrorist groups

According to inspector-general of police Musa Hassan, the ISA arrests were made against the five for carrying out activities that threaten national security. The charismatic activist had been expecting the ISA arrest after Prime Minister Abdullah Ahmad Badawi threatened to use the security law against Hindraf leaders. Last week, Musa claimed that Hindraf was linked to terrorist groups and was active in fanning racial sentiments among the Indian community by stirring up their anger and arousing hatred against the government. Uthayakumar, who said he had no regrets, added that the sacrifice he had made for the struggle was worth it. “If that means we have go into ISA for the betterment of the Indians, for them to be treated with dignity and for them to be respected as human beings and as Malaysian citizens [...] then so be it,” he asserted. The jovial lawyer ended the video with a smile and waved goodbye - an image of Uthayakumar which many will not be seeing for a while.

US demands due process for arrested Malaysian activists

The United States demanded that Malaysia provide fair treatment to five leaders of a rights group held under a security law that allows for indefinite detention without trial.

The five from the Hindu Rights Action Force (Hindraf), pushing for an end to discrimination of ethnic Indians in multi-racial Malaysia, were picked up yesterday and ordered held under the feared Internal Security Act (ISA).

"Our expectation as a government is that these individuals would be provided the full protections under Malaysian law, that they would be given due process, that they would be accorded all the rights accorded to any other citizen, and that this be done in a speedy and transparent manner," State Department spokesman Sean McCormack said.

Hindraf enraged the government of Prime Minister Abdullah Ahmad Badawi last month by mustering at least 30,000 people to the streets of Kuala Lumpur to highlight various issues facing ethnic Indians, including lack of economic opportunities and destruction of Hindu temples.

Police used tear gas, water cannons and baton charges to break up the protests.

"It is our firm position that those individuals who want to peacefully express themselves in a political forum or any other forum should be allowed to do so," McCormack told reporters.

Human rights groups have campaigned for the abolition of the ISA, a law that they say has been abused by the authorities.

The ISA is currently being used to hold more than 100 people, including about 80 alleged Islamic militants.

Human Rights Watch, a US group, said the arrest was "outrageous."

"We have said over and over again that the ISA should be abolished and there is no room for holding people, never mind indefinitely, without charge and trial," said Mickey Spiegel, the group's Asia division senior researcher.

Erasing Hindu heritage

The Malaysian government has always used deadly race riots in 1969 as a reason for controls on freedom, even though some groups believe that after 50 years of independence, Malaysians are matured enough to discuss their grievances openly.

"Malaysian authorities are obligated, like any sovereign countries' government, to balance the need for public order with equally important need for robust and free debate of issues important to Malaysian citizens," a State Department official said.

"It is our hope that the Malaysia government will allow the freest possible debate," said the official, speaking on condition of anonymity.

The Becket Fund for Religious Liberty, a US non-profit law firm that helps defend freedom of all religions, charged that the destruction of Hindu temples - some built before the start of the British colonial period almost two centuries ago - could be an attempt to erase Hindu heritage in Malaysia.

Hindraf claimed one temple was being demolished every three weeks.

"What I have heard from people is really that in destroying these temples, they are trying to destroy evidence of how long the Hindu faith has been a part of Malaysia, particularly in the context of advancing Islamisation and of the equation of Islam with nationalism in Malaysia," said Angela Wu, the Fund's international law director.

Hindraf has filed a four trillion dollar lawsuit against Britain for alleged atrocities suffered by Indians whose forefathers were brought as indentured laborers to Malaysia during colonial rule.