What our future leaders think about the MyConstitution Campaign workshop

 We’ve perhaps read or heard of the Reconstituting Earth V02 workshop carried out as part of the MyConstitution Campaign activities by the Constitutional Law Committee of the Bar Council. But have we heard of the participants’ views on the workshop?

Ka Ea, the Executive Officer of the Constitutional Law Committee, gets a chance to speak to some of the participants at the MyConstitution Youth Legal Awareness workshop organised with Sisters in Islam (SIS) on 6th and 7th March 2010 at the Armada Hotel, Petaling Jaya.

“What gives meaning to rights is if people are aware of them and will fight to defend them.”

LINGS, a 25-year old from Penang, graduated from the Universiti Kebangsaan Malaysia (UKM) last year. He studied law and takes a keen interest in human rights and public interest issues. It’s no wonder that the Constitutional Law Committee has spotted him in various other workshops around town. To say that he might be a workshop junkie is an understatement.

Lings does more than just attend workshops. He is a member of Kumpulan Aktivis Mahasiswa Independen (KAMI) whose aim is to create awareness amongst university students on national or public interest and human rights issues. Apart from conducting workshops, they disseminate information and encourage students to engage in active discussion on literally any issues through a blog called Diskopi (http://www.diskopi.wordpress.com), an acronym for Diskusi Santai Kopi. 

When you speak to Lings, you will soon realise that he is a true believer in education being a key solution to most problems in Malaysia. When asked what angers him most about our country, he replied spontaneously, “Corruption. Corruption is a heinous crime. Education will solve the problem.”

This may explain why he has such a penchant for workshops. Lings told me that he has conducted 2 workshops on human rights advocacy for KAMI. By participating in other workshops, he learns a lot and hence will be able to impart this knowledge to others.

He said he has enjoyed the MyConstitution Youth Legal Awareness workshop because different people with different backgrounds were able to come together and learn from each other without fear of repercussion when speaking up openly and freely. He said he finally understood the strong connection between civil and political rights and economic, social and cultural rights.

He said that it’s wonderful that lawyers are doing something for the layperson. This shows that they are “becoming effective intellectuals” rather than just intellectuals.

Lings also commented that the hotel was too posh. He said this while digging into his dessert taken from a generous buffet spread serving a sampling of more than 10 types of dessert during lunch time. I teased him that he wouldn’t have been able to enjoy these if it was held somewhere else.

He grinned sheepishly and said the organisers could have held the workshop in a community hall and used the cost to fund more participants. I nodded my head shamefully but deep inside hoped that one day, Lings and I could be good friends.

I then turned to HAFIZUDDIN who was sitting next to Lings. Hafizuddin is a 21-year old, second year law student in UKM. He is also a member of KAMI. The petite, bespectacled and bubbly student is also fast becoming a familiar face within the activist circle. He was last spotted at the Conversations on the Constitution forum on Federal State Relations at the Annexe Gallery on 11 March.

Hafizuddin’s political peeve is the lack of independence in our judiciary system, in which he considers as the most important branch of our constitutional institution. He said since Malaysia does not really have absolute separation of powers within the three main institutions, the judiciary cannot afford to be partial. He went on to quote Montesquieu’s infamous words, “absolute power corrupts absolutely.” It sends a chill down my spine when I hear young Malaysians quoting old philosophies from the Western world.

Hafizuddin believes that the only way to change the state of our country is through the Federal Constitution and that is the exercise of a two-third majority vote in Parliament. This means, it’s important for Malaysians to learn the significance of their votes.

He said that KAMI conducted a survey at the UKM campus not too long ago. 150 respondents participated and the results showed only 5% of the students are interested in constitutional issues. Of those who are interested and know what’s going on in the country, they do not know what they can do to help make that change.

After talking to Hafizuddin, I have a strong feeling that together with his buddy, Lings (both of them appeared inseparable during the workshop), they will change the landscape of youth activism in universities.

JOANNE is a 22-year old, final year psychology student at HELP College. She volunteers at the All Actions Women Association of Malaysia (AWAM) as a psychological counsellor. She said that the workshop has been useful because she didn’t even have rudimentary knowledge of the law prior to this. At AWAM, sometimes she receives calls from the public asking her about the legal aspect of human rights and she was not able to provide help or answers. 

She said now that she has attended the workshop, she finds it bizarre that nobody within her circle of friends or family members ever talk about the Federal Constitution or even human rights.

She finally sees how some cultural teachings have manifested in ignorance amongst so many people. From the Reconstituting Earth V02 workshop, she discovers her own prejudices which she wouldn’t have otherwise. For example, she always thought that all Malays will defend their rights to special privileges. Since the workshop, she has talked to some Malay participants and realised that many do not actually support these discriminatory practises. Many are ashamed and some even admitted that Syariah Law can violate rights.

“We’re living in a dangerous society where people are forming their own perception and understanding of things. We’re no longer good role models for our future generation. Parents, teachers and the government are not teaching us to cast away these prejudices but instead, reinforcing them.”

Joanne admitted that she did not know anything about the Federal Constitution prior to this workshop. However, when she sat through the session learning about the different types of rights, she realised that in fact, there isn’t any need for anyone to teach people to think about human rights. People have the ability to think about it on their own because in the end, a lot of the issues discussed are related to each and everyone’s life. Instead, what is needed is for people to start talking about it.

She said that she doesn’t want the knowledge gained from the workshop to stop at the point when the workshop ends. She will talk to her family, friends and acquaintances about what she has learned from the workshop. She also hopes that Malaysians will learn to have the courage to voice out when there is an abuse.

Joanne left behind a powerful quote, “What gives meaning to rights is if people are aware of them and will fight to defend them.”

Finally, I talked to AZLAN, a 22-year old law student at the Universiti Utara Malaysia (UUM). Azlan looks like someone who loves to travel. He lives in Johor but studies in Kedah and he travelled all the way to Petaling Jaya for the workshop alone.

I enjoyed talking to this soft-spoken and eloquent student. In his slightly Americanised accent, he told me about his own life struggle. When his fellow classmates learned that he would be attending a workshop organised by SIS, they called him a heretic. This was not the first time.

He started bearing the cruel taunts of his classmates since he did research on the Lina Joy case. When he did a presentation on the case, many students were shocked and disgusted by his conclusion that freedom of religion applies to Muslims in Malaysia. Since then, he’s been called an infidel and many other hurtful names.

I asked him what gives him the strength to go on studying in such an insufferable environment?  He said that only God knows his true intention and that’s enough for him. He is glad that he is able to participate in a workshop where he could share his thoughts with like-minded people. He is not able to speak about issues like this at home since none of his family members try to understand him.

When speaking with Azlan, he reminded me of myself when I was younger. I remember how difficult and devastating it was living a completely different life from the ones my parents wished for me.

Azlan said that if there is one piece of advice he could give the world, it would be to urge people to try to understand each other before making any judgment. He said it’s important for people to study, analyse and understand a specific issue before forming opinions based solely on emotion. Many people have suffered as a result of this.

Azlan’s story teaches me that sometimes, we forget how difficult it is for youths to express themselves. In our quest to teach them to be more aware and vocal about their rights, we have forgotten to teach them how to bridge that gap between themselves and the older generations. We have forgotten how to understand them.

Perhaps, it also tells us that the MyConstitution Campaign shouldn’t be limited to the young ones only.

This article was taken from the Malaysian Bar website. This was written as a web report for the MyConstitution Campaign on 15 March 2010.

When a beauty queen is valued for more than just her looks

What makes you think the Ms. World beauty queen is still in the prime of her youth and hence able to produce beautiful and healthy offspring in a new world order?

What makes you think that the religious teacher is Catholic?

What makes you think that the Indian farmer is a man?

These are the questions that forced the participants of the “Reconstituting Earth V2” session to think about.

My own thought was: If a gay rock climber and mineralogist is expected to be the sole male procreator in a new world order, does that mean we’re denying him his right to practise his sexual orientation?

On 7 February 2010, the Constitutional Law Committee had the pleasure of conducting this workshop at the Institute for Democracy and Economic Affairs (IDEAS)’s “Constitution and Constitutionalism: Understanding the Rule of Law” workshop in ILKAP, Bangi.

At 8 o’clock on a Sunday morning, having a thought-provoking and interactive session such as this (as opposed to a lecture) was a wise choice on the part of the organisers. 30 participants from different professional backgrounds gathered in 3 groups of 10 to discuss and debate which six individuals from a list of 25 deserved to be given a chance to live in a new planet while Earth is going to be destroyed.

Don’t worry. Earth is here to stay for the moment. This is a hypothetical scenario created by the Constitutional Law Committee as a way of encouraging participants to think whether their assumptions and prejudices are necessary and good for society. For a thorough understanding of what the workshop module constitutes, please click here for observations by Aniza Damis which created a storm since its release recently.

One needs to be present at the workshop to fully appreciate that it makes no difference what one’s political affiliation or social status is, as everyone has his or her own prejudices. It was amazing that participants included those from the legal, political, diplomatic, academic, medical, religious, activist, commercial, writing and student communities. I believe it was a rare occasion to have someone from UMNO, PAS, Gerakan and even the Anwar Ibrahim Club to gather under the same roof simply to learn about the Constitution and the rule of law.

What I like most about the workshop was how comments from individual participants ranged from the humourous to the ethical, such as, what gives us the right to choose who deserves to be saved and who not?

One group said they chose the human rights activist and politician because they are both needed to “balance each other out”.

My own personal favourite is this:

The disabled foot soldier/sailor was chosen because he is strong and has survival skills and yet due to his disability, he won’t be able to engage in war.

It’s not often when you hear a group talk so positively about someone with a disability.

To end this, below were the key phrases used by participants when describing their chosen six:
·    Educated
·    Preferably female
·    Possesses knowledge and skills
·    Ethnicity is not important
·    Most probably a male
·    Female for procreation
·    Disability could potentially hamper
·    A lesbian serves no purpose in procreation
·    Adaptability of human beings
·    Fertile
·    Young
·    Good and strong genes for breeding
·    Ability to work is important
·    Appearance is important
·    Everyone has the ability to teach something
·    An engineer knows more than a teacher
·    Religion cannot be taught but something you believe in
·    Multi-functionality
·    Visionary
·    Diversity

And last but not least, beauty queens these days are intelligent.

This article was written as a web report for the Malaysian Bar website. Click here to view.

Do unto others quietly as you would like them do unto you

Since I started working again, it has become more difficult to meet the deadlines for this column.

The luxury of having the time to ponder over what to write and then indulge in the writing process itself has diminished considerably.

Besides, I am not much of an intellectual. My previous essays shall bear witness to this. Much of my inspirations are drawn from personal experiences rather than intelligent analysis of current socio-political issues. Therefore, I must confess that being constantly assaulted by new workload on a regular basis, I haven’t had the time to feel inspired lately.

Anyway, a few days ago, I received a pleasant surprise from an old Afghan colleague of mine.

I had spent two years living in Afghanistan back in 2003. During that period of time, I had met some remarkable Afghans. One of them was a young chap named Mohammad Tahir.

Thanks to Facebook, Tahir managed to find me and added me as a friend recently. We had not been in touch for more than five years.

When I looked at his profile photo, I was shocked to see a slightly blurred image of a portly man who used to be a boy who weighed no more than 45kg. (He probably says the same of me.)

Although his eyes were concealed by a pair of sunglasses, I recognised his smile on the photo instantly.

I was not able to tell much of him by looking at his photo except to strike my own conclusion that he is probably living a much better life now. At the same time, I wondered whether it was biologically possible for someone so thin to gain that much weight within five years!

Once I accepted him as a friend, he wasted no time in sending me this message (the sentences have been touched up to provide better clarity):

“Dear Madam Ka Ea Lim. I am really happy to find you in Facebook. Please accept my warm regards. I hope that you are well in your daily routine. I looked for your email address or any other ways to contact you but to no avail. So it is really great to find you now. I want to say something about myself. I am no longer the Tahir who was a child whom you once took care of. I am now a man. I have two children. My daughter is four years old and my son, one and a half. I will never forget you when you gave me the opportunity to work with the UN during the first Presidential election. It was the first step in my life. Except you, all the other Electoral officers were against my recruitment due to my age. I am always grateful to you for this. I am now working as a Language Assistant for an American company.”

When I read this message, I was stunned because I had no idea of the impact I had made in his life.  I didn’t even do anything to deserve this except to demand for the recruitment of what I saw as the most suitable candidate for the role of an electoral public information officer.

Tahir received my support because what others saw as a juvenile and inexperienced boy, I saw a young man with great potential and a secret weapon.

You see, he was a musician who played local traditional music. He was also extremely likable. He had a humble and sunny disposition and what appeared to be a natural ability to feel and care for others deeply.

In the end, nobody regretted the choice that was made. Not only did Tahir impart vital voter registration information through his music, he brought joy and comfort to so many Afghans who had been deprived of music for so many years.

He reminded them the beauty of life and how it felt like for one’s soul to be stirred by the strings of a dombura again.

Tahir also reminded me of the time when we had to fight hard with Taliban sympathisers who refused to allow the local women to participate in anything outside the boundaries of their homes.

Our fight did not go in vain when we saw the women smiled and with their eyes shut as they rocked their bodies forward and backward gently and quietly to the soothing sound of Tahir’s voice.

For many, it might have been a picture of complete bliss and utter happiness but to me, each of the women looked as if Tahir was singing for her alone and the songs written were just for her and no one else.

This is what I remember most about Tahir. Not of what he owed me or what I had done for him. But I must confess that I do secretly revel in the thought of giving him something and at some level perhaps also helping to change his life.

I have been trying to think of someone who had helped change my life positively without him or her intentionally doing so. In the beginning, no one came to mind but after much probing, I realise that many people have played that role.

What I realise is this.  It is not often when someone whom we know comes along and tells us how indebted they are towards us but it is even rarer for us to acknowledge the act of a stranger; such as the woman who prompts you to her parking space as she is about to leave the mall, the man who hops on his motorbike so that he can guide you back to the main road when you’re lost, the waiter who returns your missing passport and a child who makes you burst into unrestrained laughter as he dances clumsily but yet uninhibitedly in the middle of the mall.

These strangers have helped to create an impact to my life. They continuously remind me of the goodness of this world and the people living in it. Without such random and unintentional acts of kindness or sheer innocence, I would have given up my faith in humanity a long time ago.

One of the most intriguing advices I’ve read from H. Jackson Brown Jr.’s Life Little Instruction Book is to make someone happy without the person knowing it. It sounds like a real challenge because most of the time, not only do we want the person to know it, we want the entire world to see it (such as in my case now that I’ve told the story).

But let me say this, if you manage to do so, it is undeniably one of the most wonderful feelings you can ever get.

And so, I wrote to Tahir:

“I just want to tell you 3 things. You’re a delight to work with. You brought something so beautiful and joyful to so many people. You made a huge impact through your music, positivism and beautiful smile. I will never forget that.”

“You’re who you are today because of you and I wish you all the happiness you deserve.”

Please share with me - what sort of kindness have you shown to others lately?

This article first appeared on The Malaysian Insider under the title, “Do Unto Others Quietly…” today.

When forgiveness actually hurts

I do break the law. Not often, but sadly I do.

I don't always necessarily admit my guilt but there comes a time when voluntary admission of culpability is crucial for me.

For those who are used to driving along Sri Hartamas/Mont Kiara highway by the Security Commission, they would know that it's a rather popular spot for speed check, especially during the weekend and festive season.

I don't know why but I have my suspicion that perhaps it's considered an affluent area rather than a possible fact that drivers tend to speed along that highway.

I've been caught for speeding on that highway twice and yes, I was guilty as hell. Both times, I got away with it.

"So, boleh samankah (can I give you a fine)?"

This seems to be the standard operating line since the police officer asked the same question at both times when I was stopped.

"Ya, samanlah (yes, go ahead)."

And this would be my standard answer.

The first time it happened, the officer "pretended" to take down my details and told me that a fine would be sent to my home address. I use the word "pretended" because the fine never came.

The second time when I was stopped, I started cursing under my breath and was upset with myself for getting another fine. This was my third traffic offence in less than 2 months. I had already contended against two previous parking tickets because I believe it wasn't my fault in both instances.

The officer this time, didn't allow me to go as easily.

"Betulkah, Amoi? Saya kasi saman, ya (Really, Miss? I give you a fine, ok?)?"

"Tuan, saya kan dah langgar undang-undang. Jadi sepatutnya saya kena samanlah. (Sir, I've violated the law. Hence, I should be given a fine)," I insisted.

"Hmm...kerja kat mana, Amoi? (Where do you work, Miss?)"

"Di Majlis Peguam (At the Bar Council)," I answered.

"Oh yakah? Saya tak pernah saman peguam, tau. (Oh really? I've never given a fine to lawyers before, you know).”

“Tak pe lah. You boleh pergi, Amoi. Saya tak saman.(Never mind. You can go, Miss. I won't give you a fine)," he added.

"Eh, kenapa tak saman, Tuan? (why aren't you giving me a fine, Sir?)"

"Tak pe lah. You dah mengaku salah. Selalunya peguam-peguam lain tak mengaku dan mereka marah-marah. Amoi ini lain. Kalau kita stop pemandu, tak semestinya bagi saman (Never mind. You've admitted your mistake. Usually, lawyers don't admit their guilt and they get angry. Miss, you're different. If we stop you, doesn't mean we'll give you a fine)," he explained.

"Selamat Hari Raya (Happy Chinese New Year)!" He wished me as I slowly drove away.

I should feel relief for getting away with this but deep down, I was upset and angry.

I drove away wondering how many people that day got away with a fine and how many didn't. I had a feeling none.

When the officers asked, "So, boleh samankah?"

Their motive was clear and it hurts.

Ignorance is not an option

This article was written on 28 January 2010 for the Malaysian Bar website. 

When the Constitutional Law Committee (ConstiLC) decided to adopt “Merakyatkan Perlembagaan” as its slogan, it had good reasons. On top of trying to sensitise the Malaysian population on the content of the Federal Constitution, the ConstiLC upholds the notion that the Federal Constitution belongs to all Malaysian citizens regardless of age, gender, race, religion, political affiliation, sexual orientation, economic or social class, physical ability or the lack of it, etc.

Since the launch of the MyConstitution Campaign (the Campaign) in November 2009, the ConstiLC continues to receive on average, one request a week from various civil society groups to provide talks or workshops on the Federal Constitution. So far, the ConstiLC hasn’t turned down any of them.

On January 19, St. Francis Xavier (SFX) church hosted the ConstiLC by organising a “Conversations on the Constitution” session entitled “Relevance of the Federal Constitution: How does it affect us?”. 100 parishioners turned up. It was to be the first in a series of forums to be held at SFX; each coinciding with a theme of the Campaign’s nine phases. (For those who were not privy to the nitty-gritty details regarding the organisation of this talk, it was organised way before the High Court decision on the “A-word” was delivered.)

The panel speakers were from the ConstiLC; Edmund Bon, Paul Linus Andrews, Shad Saleem Faruqi and Leong Yeng Kong. Maha Balakrishnan made her debut as moderator for the evening and her questions ranged from something as straightforward as: “What are the things that people take for granted but are guaranteed by the Federal Constitution?” to others which were not so simple but instead, provoked much thought.

For instance, she asked,”What happens when there is a conflict between the rights of two citizens?” and proceeded to give the example of how the right to freedom of religion under Article 11 of the Federal Constitution is balanced between different citizens in a community when there is a dispute over the use of a loudspeaker for azan prayers and the ringing of the bells in a temple.

In responding to this question, Shad admitted that there is no easy way to resolve such dispute. However, he believes that it is important to step into the shoes of others and learn to look at the world through their eyes when confronted with a delicate issue such as those related to Article 11. He quoted former UN Secretary-General, Dag Hammarskjold, who once said, “to be truly objective, one must be subjective”.

Shad recalled how Malaysian leaders in the 1950s were fond of dialogues and there is a need for the leaders of today to return to that quality and spirit. In his usual calm and dignified manner, Professor Shad said, “Nobody got everything [at that time] but everybody got something.”

Both the panelists and audience were candid and honest which made the talk worthwhile. It was clear that many are concerned about the government’s lack of effective implementation of fundamental rights and liberties under the Federal Constitution. Some went as far as to question the relevance of having the Campaign to promote constitutionalism. Losing faith in their religion may not be an option, but many have clearly lost faith in the government’s ability to rule the country justly and intelligently.

A disconcerting revelation however was the overwhelming sense of hopelessness and helplessness felt by some of the parishioners in terms of how far they think Malaysia has moved away from the ideals that were laid out by our founding fathers. Such is their conviction that many are willing to contemplate migration.

When the floor was opened for questions and answers, it was obvious that most people were not as eager to understand the constitutional aspects of Madam Justice Lau Bee Lan’s recent judgment on the “A-word” issue as they were anxious to know whether as Malaysians, are we ready for change? Despite the air of frustration, all speakers remained optimistic. Each one of them had something inspiring to impart.

Leong believes that enlightenment will free Malaysians from fear. It would be wrong for the government to keep the population ignorant, and to instill a sense of fear in them. Instead, the government should be the one to fear its citizens.

Edmund shared Leong’s sentiment by echoing the need for greater empowerment of and activism by the people. He said the results of the general election in 8 March 2008 are significant proof of this.

When one member of the congregation asked whether this Campaign is too idealistic and the ConstiLC ignorant of the realities facing the nation today, Shad answered, “Facts should not guide ideals. It should be ideals that guide facts. Otherwise, we’ll never move. We’ll remain static. It is our duty to prepare the people to reach those ideals.”

He continued to provide a personal anecdote. “Sometimes, I could be teaching a class of 100 students. Perhaps, I won’t be able to inspire all of them. But if say, 10 students managed to show interest and potential, it is enough for me. It is something.”

Paul told the story of Emmett Hill, a 14 year-old African American who was murdered in Mississippi for purportedly whistling at a Caucasian woman. The main suspects were all acquitted but later admitted to the murder. The murder of Emmett Hill eventually became one of the leading events that inspired the American Civil Rights Movement.

Hill’s murder took place in 1955; 179 years after the independence of the US. That was how long it took and even longer before the first African American became President.

Paul asked, “If not now, when?” The point made was to show the insignificance of time when something is right and necessary. Emmet Hill’s violent death could have been avoided if the rights movement had started way earlier.

It was clear at the end that all speakers agreed the Campaign is necessary for everyone - Parliamentarians, Cabinet members, civil servants, Judges or those sitting in the audience; because change can only happen when there is awareness and it starts from us. We are ultimately responsible for all the changes made to the Federal Constitution. Who we vote into power also determines the destiny of our country.

Whether the speakers managed to present their views convincingly, the talk was effective as it allowed different people to express and share their fears and doubts in a safe space, something much needed in this country.

In addition, it is comforting that at so many levels, we witnessed genuine fellowship displayed by Muslims and Catholics under the same roof. Importantly, it finally dispelled my own ignorant assumption that Muslim Malaysians are barred from stepping into churches.

As Maha would say, “Knowledge is power and ignorance is not an option.”

Let’s all take this wisdom with us as we start this new year.

For more information on the MyConstitution Campaign, please click here.

What truly matters to you?

A woman, feeling frustrated and overwhelmed by her demanding boss, asks the latter one day, “Are you going to die tomorrow?”

Taken aback by her question, he asks her why she had asked such a curious question.

“Well, the hours that you’ve worked and the way you’ve always said everything is urgent, it’s as if you’re trying to do everything you can before you die,” she answers truthfully.

In order to appear unfazed, her boss answers arrogantly, “Well, supposing yes, I AM going to die tomorrow. Now, will you please do what I’m asking you to?”

“Well, then. Supposing you ARE going to die tomorrow, are you telling me that this is the most important thing that would have mattered to you?” The woman persists.

“Yes,” he answers.

“Alright then. If you say this is what matters most to you, I’ll respect a dying man’s wishes. But, in future, if I tell you that I won’t be able to work during weekends because I would like to help my children with their homework, visit my elderly parents, celebrate my best friend’s birthday or shop for Christmas dinner, would you please ask me the same question and respect my dying wishes as I have of yours?”