The Star: The citizen and the Constitution by Shaila Koshy

http://thestar.com.my/news/story.asp?file=%2F2010%2F9%2F10%2Fnation%2F7012103&sec=nation

The MyConstitution campaign is to simplify the Constitution for all Malaysians, yet the only group to question the motive of this public service is a group of young graduates who formed a 1Malaysia club.

THERE’S a story former Lord President Tun Suffian Hashim liked to tell in relation to the Federal Constitution.

A law professor from the United States went to a famous bookstore in Kuala Lumpur to get a copy of the Constitution after having attended a lecture on it here.

He spent an awful long time searching; he even found some commentaries on it but not a single copy of the actual book was to be found.

The professor heads off to the chap at customer service: “Can you help me? I’ve been looking for the Constitution of Malaysia. I’ve searched under Statutes in the books section but I can’t find a copy.”

“Ah, that’s where you made your mistake sir,” the man tells the professor, “the Constitution has been amended so many times we now shelf it under Periodicals.”

It was funny when I heard it in 1990 and yet, not very funny too, taking into account some of the amendments that Parliament had made in the 1980s and would continue to make in the years to come.

You’d think a federal Constitution should be difficult to amend, that there should be some safeguards.

In 230 years of the constitutional history of the United States, less than 30 amendments have met the strict requirements of the amending process. In contrast, the Malaysian Constitution has been amended more than 40 times since Malaya obtained independence on Aug 31, 1957, that is, 53 years ago.

I’m sharing these oft-quoted facts here for the benefit of the 1Malaysia Graduates Youth Club in Serdang.

In a statement dated Sept 5, the club said they had lodged a police report against the Bar Council earlier that day for its MyConstitution campaign and distribution of the accompanying Rakyat Guide (RG) booklets that describe the Constitution in simple, layman terms.

Its secretary-general Ezaruddin Abd Rahman said they were concerned the RGs that were being distributed to the public and available over the Internet (www.perlembagaanku.com) touched on ways to amend the Constitution.

He was right when he said that the booklets entitled “MyConstitution” reveal a citizen’s rights (Articles 5-13), and somewhat right when he said the Constitution could be amended if one elected Members of Parliament who could enable amendments (because Article 159 states you would still need two-thirds of the total number of MPs).

But he lost me when he leaped from there to the RGs inciting hatred and feelings of being “anti” the Constitution and rejecting it as being irrelevant today. And the allegation of seditious tendency – I’m still waiting for the lightbulb moment.

If anyone took the time to read the booklets or attend the campaign forums and workshops, he/she would only come away with a better knowledge of their fundamental rights and understanding of what it means to be a citizen of Malaysia.

It is intended to promote love for the Constitution, not hatred.

The MyConstitution campaign was launched on Sept 13 last year to simplify the Constitution for all Malaysians, especially young Malaysians. It’s sheer irony that the only group to question the motive behind this public service and attack it is a group of young graduates who formed a 1Malaysia club three days earlier on Sept 10, 2009.

For the benefit of the club, the two-year long campaign driven by the council’s Consti Law Committee and the first RG booklet were launched not by any sinister foreign agent but none other than Deputy Minister in the Prime Minister’s Department Datuk Liew Vui Keong.

In his speech, he had pointed out that the role of the citizen is the most important fact established by the Constitution: “Without the active knowledge and participation of citizens, our Constitution is an empty, meaningless and lifeless document.”

Liew said there was little point in calling ourselves a democratic nation if citizens did not appreciate and exercise their right to vote as guaranteed by the Constitution.

Noting the political upheaval and constitutional crisis after the March 8 general election had sparked interest in the Constitution, he urged the people to “go to the pond and drink the water themselves” and not base their views on what others said.

Since then, 90,000 booklets in English and Bahasa Malaysia have been distributed nationwide with the support of the Federal Government and in partnership with some state governments.

The club is right to be concerned for the Constitution but the object of its members’ target is misplaced.

In the small picture, many peninsular Malaysians will celebrate Malaysia Day on Thursday without even realising that the Constitution we have today only came into being on Sept 16, 1963, at the establishment of the Federation of Malaysia, and that the 1957 Constitution was that of the Federation of Malaya.

In the bigger picture, unless you know what the 1957 or even 1963 Constitution said, how do you know whether your elected representatives have upheld the integrity of the supreme law of the land or amended it for political expediency?

A campaign giving people knowledge and helping them to think for themselves is certainly not sedition.

Technorati Tags: Lord President Tun Suffian,MyConstitution Campaign,Rakyat Guides,Federal Constitution,Bar Council,Constitutional Law Committee,The Star,Sedition,Constitutional Amendments,Parliament

Malaysiakini: Bar defends 'seditious' MyConstitution campaign

http://m.malaysiakini.com/news/142185?1283867197

The federal government and several state governments have provided funding to the Bar Council MyConstitution campaign, according to co-deputy chairperson of the committee B Mahaletchumi.

"Although the campaign is largely funded by the Bar Council, we have received funding from the Malaysian public, the Prime Minister's Department, and the Sarawak, Kedah and Selangor state governments," Mahaletchumi said in a press conference at the Bar Council office in Kuala Lumpur today.

It was held in relation to a police report lodged by 1Malaysia Youth Graduands Club against the distribution of the brochures because they were alleged to contain seditious material against the federal constitution.

Its secretary-general Ezaruddin Abdul Rahman was quoted by Bernama as saying: "We also believe that the brochures were sponsored by an anti-government foreign non-governmental organisations."

Ezaruddin also claimed that said the brochures titled PerlembagaanKu (MyConstitution), claimed that the people could amend the federal constitution if they voted for members of Parliament who had the intention of doing so.

Mahaletchumi countered that amendments to the constitution is provided for in the constitution, which is where the information in the brochures comes from.

"The constitution has been amended 40 times. And there have been 650 individual amendments. So amendments are possible and have taken place before," she said.

Co-deputy chairperson Syahredzan Johan explained that the constitution can only be amended by a two-thirds majority in Parliament.

"Amendments can only be done by MPs. We are not MPs, so we cannot change it. This clearly shows that they (1Malaysia Youth Graduands Club) do not understand the constitution," Syahredzan said.

He also urged the club to come forward and seek clarification from the bar as they have clearly misunderstood the objective of the campaign.

"This is a campaign to educate the public so that they will appreciate the constitution, not to hate it. Where is the seditious content? When did we ever say we want to change the constitution?"

No ulterior motive

Bar Council president K Ragunath (right) voiced his disappointment because the campaign's objective is only to educate the public.

"The committee does not take a position but merely interprets the constitution so that the public can understand its content," he said.

Former Bar Council president Sulaiman Abdullah concurred and stressed that the committee does not have an ulterior motive.

"Our mission to demystify the constitution," he said.

90,000 booklets had been distributed nationwide and booklets in Mandarin and Tamil are expected to come out in October.

Five titles - 'What is the Federal Constitution?', 'Constitutional Institutions and the Separation of Powers', 'Federal- State Relationship', 'Parliament/Legislative' and 'Government/Executive' have been released since.

On Malaysia Day (Sept 16), the Bar Council will launch the sixth guide, which is on the judiciary, at Bangsar.

Senior members of each arm of government have graced the campaign, notably Dewan Rakyat Speaker Pandikar Amin Mulia (left); Chief Judge of Sabah and Sarawak Richard Malanjum; and Koh Tsu Koon, the Minister in the Prime Minister's Department in charge of integration and national unity.

The event was also launched by Deputy Minister in the Prime Minister's Department Liew Vui Keong on Nov 13 last year.

Prime Minister Najib Abdul Razak is the patron to 1Malaysia Youth Graduands Club which was established on Nov 10 last year.

The Malaysian Insider: Bar Council’s resolve strengthened by accusations over MyConstitution campaign

http://www.themalaysianinsider.com/malaysia/article/bar-councils-resolve-strengthened-by-accusations-over-myconstitution-campaign/

KUALA LUMPUR, Sept 7 — The Bar Council said today it was determined to continue its MyConstitution campaign despite accusations by a Malay group that it was seditious.

The Bar Council said that instead of halting their efforts, the police report lodged by the 1 Malaysia Youth Graduands Club in Serdang two days ago has strengthened their resolve to reach all six million housing units in Malaysia through their MyConsitution campaign.

“It has strengthened the (Constitutional Law) Committee. They want to move forward,” Bar Council president Ragunath Kesavan told reporters today.

The 1 Malaysia Youth Graduands Club has called on the authorities to take immediate action against the campaigners for allegedly advocating the changing of provisions in the Federal Constitution, especially those touching on the special position of Malays and Islam.

Ragunath denied that the campaign was aimed at changing the Constitution, stressing instead that their objective was to increase public awareness and understanding of the Constitution.

“There are no seditious elements or any objective to amend the Constitution,” said Ragunath.

“We are disappointed that a campaign that was well-received by the Malaysian public and politicians across the political divide to enhance understanding of the Constitution was perceived as seditious,” he added.

Ragunath noted that some 90,000 booklets have been distributed nationwide to date since its launch on November 13 last year with the support of the federal government and in partnership with several state governments — including Sarawak, Selangor and Kedah.

He pointed out that senior members of each arm of government have graced the campaign, notably Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia; Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum; Tan Sri Koh Tsu Koon, the minister in the Prime Minister’s Department in charge of integration and national unity; and deputy minister in the Prime Minister’s Department Datuk Liew Vui Keong.

Ragunath also denied claims that their campaign, which has cost the Bar Council RM500,000 to date, was funded by foreign non-governmental organisations.

“This was financed wholly by the Bar Council. We have also received donations from the public, federal government and state governments (Kedah, Sarawak and Selangor) for this campaign,” said Ragunath.

Yesterday lawyer Edmund Bon, who heads the campaign, defended the contents of the booklets, explaining that they were written in a simplified form but were an accurate guide to the provisions of the highest law of the land.

Co-deputy chairman of the Bar Council’s Constitutional Law Committee Syahredzan Johan said the youth group’s police report showed that they were the “best target group” to reach out through the campaign as they seemed to lack understanding of the Constitution.

“Parliament can only amend the Constitution with a two-thirds majority,” said Syahredzan.

He also slammed the youth group for claiming that the campaign booklets on the Constitution were seditious.

“If it is seditious, then each textbook on the Constitution is seditious,” said the lawyer.

1 Malaysia Youth Graduands Club secretary-general Ezaruddin Abdul Rahman reportedly alleged that the booklets said people had the right to amend the Federal Constitution if they voted for members of parliament capable of doing so.

The other co-deputy chairman of the Constitutional Law Committee  Mahaletchumi Balakrishnan pointed out that Article 153 of the Constitution, which guarantees the special position of the Malays, cannot be amended even with a two-thirds majority in Parliament without consent from the Conference of Rulers.

She also highlighted the fact that more than 40 bills had been presented to the Parliament to amend the Constitution in the past 53 years containing a total of 650 individual amendments.

“The campaign is non-partisan,” said Mahaletchumi, adding that the committee’s focus was to educate the public on the basics of the Constitution without adding their own opinions on certain provisions of the Constitution.

She also said that the committee would launch their next booklet on the judiciary on September 16, besides launching Mandarin and Tamil editions of the booklets in October.

Ragunath noted that although the campaign began in Kuala Lumpur, they have since spread their message to small towns like Alor Star in Kedah, as well as rural areas in Sabah and Sarawak, including an Orang Asli settlement in Tapah, Perak.

Technorati Tags: Bar Council,Constitutional Law Committee,Kelab Graduan Belia 1Malaysia,Sedition,Article 153,Federal Constitution,Orang Asli,Tapah,MyConstitution Campaign

After 53 years of independence, there are Malaysians who still do not understand what democracy means.

Any Malaysian who thinks we have it all or have many things to be proud of must be in deep slumber under the coconut shells. If you don’t believe me, read the news below from Bernama taken from The Malaysian Insider.

Is any of our leaders going to say something about this? Anyone?

SERDANG, Sept 5 — The 1Malaysia Youth Graduands Club (Kelab Belia Graduan 1Malaysia) today lodged a police report over the distribution of brochures said to contain seditious words against the Federal Constitution.

Its secretary-general Ezaruddin Abdul Rahman said the brochures titled “Perlembagaanku” (My Constitution), claimed that the people had the right to amend the Federal Constitution if they voted for members of parliament capable of doing so.

“We were made to understand that the brochures were being distributed in several institutions of higher learning in the Klang Valley and some colleges in Kedah.

“We also believe that the brochures were sponsored by an anti-government foreign non-governmental organisation,” he told reporters after lodging the report at the Serdang police station.

He called on the police and government to take immediate action on the matter as continuous distribution of the brochures could influence the minds of the younger generation.

Ezaruddin also asked the police to probe into the sale of a book titled “The March to Putrajaya - Malaysia’s New Era Is At Hand” authored by Kim Quek.

“We want the Home Ministry to revoke the sale of such a book, which we deem as rubbish because it contains personal attacks and defamation of the country’s leaders, besides touching on racial issues,” he said.

He also believed that the 361-page book had been in the market for quite some time. — Bernama

Technorati Tags: MyConstitution Campaign,Federal Constitution,Democracy,The March to Putrajaya,Kim Quek,1Malaysia Youth Graduands Club

Talk to the phone!

This article was first published in The Malaysian Insider on 26 August 2010.

 

Those who know me will also know this: I don’t like talking on the phone and sometimes I even forget to bring my mobile phone with me. They will also know that I own a Sony Ericsson W705 but would happily settle for an older W205 model which costs only RM300, if not for the latter’s short battery lifespan.

A truly functional phone to me is one which allows me to make and receive calls, to send and receive text messages and, of course, to help me identify the caller before I answer the call. Other than these, most other applications are just superfluous.

With this trivia in mind, it’s not surprising if I tell you why I think the Blackberry and iPhone are overrated and, sometimes, diabolical inventions. Ultimately, the only time when I would truly appreciate them is when the whole world has gone mute, deaf or both.

If Jose Saramago had had the chance to write a book called “Mutism”, I hope he would make them his main protagonists. However, here’s the scary thing. These fourth-generation phones have not been invented to aid the mute nor the deaf. Ultimately if it is ever possible at all, they will be THE invention that will cause people to go mute and deaf voluntarily.

Trust me. There will come a time when we won’t even hear our own voices anymore, much less that of others.

When I first started my job in Malaysia eight months ago, I didn’t even know how to operate the office photocopier. This was me after spending several years in under-developed countries where Internet connection and mobile networks were privileges. Once, possession of a hand-held radio set (or what most people know as a walkie-talkie) was a security necessity; something to be used for security checks and during times of distress.

For many years, I lived around people who did not carry their mobile phones as if their lives depended on them. Nobody checked their mobile phones every few minutes to see whether there were any incoming messages or emails which could potentially shout out, “EMERGENCY, EMERGENCY, EMERGENCY. HELP ME!”

Nobody felt the compulsion to report to anyone what they were doing lest the whole world thought they might be dead due to the eerie silence of their Facebook or Tweeter status profile.

I used to live in a world where people looked each other in the eyes and listened when others talked. It was an uninterrupted world where we lived for that moment and gave ourselves completely to the presence of the other; whether it was to the person sitting in front of you, or to the sound of silence but for the regular swoosh of fan blades cutting through air, the cooing of pigeons by the window ledge or to the child calling out for your attention.

Now, I live in a world where I’m surrounded by colleagues and friends who just can’t get enough of their Blackberry or iPhone. I was in Alor Star with a group of colleagues recently. We travelled in a convoy of cars. As I stared outside our chartered mini-bus window, another convoy passed by our side. My impulse was to wave at my colleagues on the other side but what I saw shocked me. They all had the same silhouettes; chins tilted downwards with eyes wide open. I felt deflated and defeated.

It finally dawned on me that I no longer belonged to a time or space where people notice each other or their surroundings. The pleasure of having good and meaningful conversations is already threatened by people who care more about posting their thoughts and opinions on cyberspace rather than sharing them with those who are breathing the same air as them.

One of my friends (who, thankfully, has not succumbed to this madness yet) joked to another who’s an avid twitterer, “You’ve been staring at your Blackberry for ages! It better be porn on the screen.”

To be fair, I shouldn’t blame this social handicap on the invention. In essence, most inventions are supposed to serve humanity; to bring us closer to comfort, relief, convenience and increased productivity. These fourth-generation phones are handy for those who travel a lot but would like to put their time into good use. It gives people access to real-time news and can also serve as an instant encyclopaedia.

What’s really troubling me though is when human beings become slaves to the invention rather than the other way round. Instead of allowing the invention to serve our needs, we have abandoned ourselves and others to eventually serve the inventors’ needs to sell their products.

The mobile phones of today are akin to televisions of yesterday. (Mind you, have you noticed how some parents use the iPhone as a quick fix to keep their children entertained and occupied?) When the television was invented, it had singularly changed the social landscape of humanity. As it became more and more affordable, people became less and less interested in each other. I could never understand why my father hated the television with all his guts.

Now, I do.

PS: If you don’t hear from me again, you’ll know that my friends have killed me after reading this piece. That, or someone has bribed me with a brand new Whiteberry.

Technorati Tags: Blackberry,Whiteberry,iPhone,Sony Ericsson,Jose Saramago,mobile phones,televisions,technology,human interaction,social disability,fourth generation,cyberspace,facebook,twitter,Alor Setar

The land of great contradiction

I was at the Malaysian Law Conference recently. It was my first time stepping foot in the Kuala Lumpur Convention Centre and it knocked the breath out of me.

The view from the tall glass windows protecting all four corners of the convention centre was nothing short of magnificent. As I stood there appreciating the sight of the Petronas Twin Towers looming splendidly from above, I felt a sudden rush of pride.

Picture above: Temple of Jupiter, Baalbek, Lebanon

During my travels, I’ve managed to see many places and human-made structures which have blown my mind. If you really must know, the Petronas Twin Towers’ magnificent facade is pale in comparison to structures such as the Angkor Wat, Al-Hambra Palace, Leaning Tower of Pisa, Temple of Baalbek, Taj-Mahal, Mont St. Michel, Stonehenge, and even the remnants of the Buddhas of Bamyan.

Picture above: Borobudur Temple, Yogyakarta, Indonesia

Of course, you can say that this is not a fair comparison and one which is likened to comparing apples with oranges since these structures were all built at different time periods and hence bear far more weight than our very own modern mega-structure.

You are absolutely right, but my point is not about how shabby the Petronas Twin Towers are.  It’s about how I find the more I’m blessed with the good fortune of being able to witness the wonderful work of humankind everywhere in the world, the harder it is to take my breath away.

I am no longer amazed by the mystical beauty of Borobudur Temple just because I’ve seen the Angkor Wat or that I’m less impressed by the Ancient City of Carthage because I’ve seen the Temple of Baalbek and think the latter is far superior.

All right, my shameless boasting above is not the point. The point is, as I stood on the third floor of the convention centre that day, I felt that tingling sensation down my spine and my cheeks grew hot as my heart fluttered at a quicker pace than normal. It has been awhile since I have had that feeling and I was just honoured and thankful to be a part of this civilisation.

The one simple thought that came to my mind was this: We are a civilised nation after all.

Sadly, this feeling of pride and gratitude lasted for only as long as I was still at the convention centre. The moment I stepped out from the spacious, plush carpeted and pristinely clean building, I felt as if I had lived in a dream for the past few hours.

After spending a whole day trying to avoid judges and lawyers while hunting down belligerent student volunteers, I dragged my sore feet and tired body to the LRT station. I was mortified to find that the LRT had broken down that night as I tried to get home from the convention centre as quickly as I could.

There were long queues of hot, sweaty and quick-tempered people straining their necks trying to find out the root cause of the unwelcome event.  The staff on duty did not even think about putting a sign up at the entrance so that people didn’t have to walk that far in only to find out that the LRT was not going anywhere.

Unwilling to wait, I decided to take a taxi and that was when I quickly discovered how undisciplined and anarchic Malaysians are, far removed from the frozen civilised world I had experienced earlier on that same day.

None of the taxi drivers were willing to take me home. The excuse was one I’ve heard far too many times. “Jam-lah.” Spoken in a manner that seemed to indicate as if the meter doesn’t run while being stuck in traffic. I wondered whether it was they who are providing us a service or the other way round.

I spent about 20 minutes waiting in total chaos. There were taxis that stopped right in the middle of a busy intersection to pick up customers, causing traffic to come to a standstill.

Traffic policemen were completely oblivious to the cantankerous honks of angry drivers, involuntarily delayed for dinner with their families or lovers, as they focused their attention on a motorcyclist parked on the curb.

I also heard loud cries of frustration as people cursed and spat on taxi drivers who had shamelessly asked for exorbitant fees rather than abiding by the meter and most of the time used as an excuse to pick up Middle-Eastern customers.

As soon as I thought I wouldn’t make it home before midnight that day, I managed to hop on a bus that took me to the LRT station at Masjid Jamek.

From there, I was delayed again by a good 10 minutes because the three ticket machines were not working and I had to queue along with 20 other passengers at the ticket counter. By the time I made it home at around 10pm, I had cursed a million times under my breath.

If Malaysia were a movie, it wouldn’t be called “Pleasantville”. Instead, “Misery” may be more befitting. I personally see Malaysia as “In Pursuit of Happyness.”

I fancy myself as Chris Gardner going on a chilling roller-coaster ride, never knowing which steep bend would throw me off guard and send me howling and crying out for mercy. My heart is palpitating because I would never know what will go wrong and what challenges will be waiting for me around the corner.

All I know is this: I am just pursuing my happiness in this great land that is filled with contradiction.

This article was first published here at The Malaysian Insider on the same day.

Technorati Tags: Kuala Lumpur Convention Centre,Petronas Twin Towers,The Malaysian Law Conference,LRT,Angkor Wat,Al-Hamra Palace,Leaning Tower of Pisa,Temple of Baalbek,Ancient Carthage,Buddhas of Bamyan,Stonehenge,Le Mont St. Michel,Pleasantville,Misery,In Pursuit of Happyness,Chris Gardner,Masjid Jamek