Indeed, in spite of all of the above intrigue and conflict, Anwar and Harapan still back Mahathir as their prime ministerial candidate. Even after a massive box office failure, the SUPERSTAR still remains the SUPERSTAR!
I am delighted to note that according to Malaysiakini the Malaysian Attorney General has discontinued proceedings against the 12 Indians on trial for alleged links to the Liberation Tigers of Tamil Eelam (LTTE) with immediate effect.In his statement he reveals the poverty of reasoning behind the charges as follows, ” the common thread among all of them was that they simply had photos of slain LTTE leaders such as Velupillai Prabhakaran in their phones or Facebook accounts”, and quite rightly, if belatedly, he acknowledges that “If such conduct can constitute a criminal offence, it would bring the law into disrepute.” He has saved the nation’s legal system from the absurdity that was arising in the context of these charges against Indians for celebrating the cause of Tamil Elam and the defunkt Tamil Tigers! The Attorney General’s full statement is available here and is definitely worth a read!
As an aside, I can not help but speculate on the implications of the timing of this withdrawal of charges against the 12 Indians, which comes on the heels of the announcement of the transfer of the policeman responsible for these arrests, Malaysian counterterrorism chief Ayob Khan Mydin Pitchay, to a new position as head the police force in Johor state.
Having arrested 6 Wet’suwet’en defenders on 6 Feb the RCMP arrested another 4 on Friday and 11 more on Saturday 8 Feb in the ongoing conflict between the Wet’suwet’en First Nation (Gilseyhu, Laksilyu, Tsayu, Laksamshu, Gitdumdenet) on one side and corporate interests (TC Energy Corp, LNG Canada, Shell, Petronas, PetroChina, Mitsubishi Corp, Kogas Canada)and the state (BC, Canada) on the other. The arrests are pursuant to an injunction granted by the BC Supreme court against the Wet’suwet’en blockade of on the $6.6-billion dollar Coastal GasLink pipeline project.
In extending the injunction on Dec. 31, Justice Marguerite Church is reported to have said, “the Wet’suwet’en people are deeply divided with respect to either opposition to or support for the pipeline project.” As I have noted before, the 5 Wet’suwet’en elected band councils which derive their authority on reservation lands from the Indian Act support the pipeline, while the Hereditary chiefs who claim title to wider territories on behalf of the Wet’suwet’en First Nation oppose it.
The Coastal GasLink pipeline, which crosses unceded Wet’suwet’en territory, is owned by TC Energy Corp (formerly TransCanada) with LNG Canada(Shell, Petronas, PetroChina, Mitsubishi Corp, Kogas Canada) as a venture partner, whose significance is indicated in TC Energy Corp’s own documents which describe it as a ‘customer’. In other words the pipeline is being built for LNG Canada with investment from LNG Canada, in which Malaysia’s PETRONAS corporation holds a 25% stake.
“You’ve waited 20 years, extending six months doesn’t actually matter,” Anwar is reported to have told Reuters, expressing confidence that the Pakatan Harapan coalition allies would stand behind him, as they have stood behind Mahathir.
“If there’s a request to go back to parliament, of course it can be done, but PH has the majority right now. Even those who are not in PH, some would support the PM of the day. I also have been given that assurance. They support Mahathir as the PM, and they will continue to support me when I assume the premiership.”
In a post titled Indian Vote: Entha Kabali? made before the Malaysian federal election in 2018, I wrote, . … “Whatever happens in the voting, it looks like it is indeed going to be close and, perhaps, the Indian vote is going to be important.” Further, I asked, ” … does the opposition look like they will treat us any different [from Barisan]? Just look at how they made unholy exaggerations and unfulfillable promises on the Stateless Indians issue … should they not be shown that the Indian vote, just like the vote of the other communities, has to be earned?” While I was skeptical about the outcome for Indians, I did, as indicated in my post titled Kabali Da!, cast my lot with the new Malaysia promised by the Pakatan Harapan opposition led by Dr Mahathir Mohamad.
Well, it came to pass that Mahathir and Harapan did win and, in the 2 years since, many have become disillusioned and dissatisfied with New Malaysia for their many unfulfilled promises. One such promise pertains to the Indian statelessness problem. Indeed, in this matter Harapan has been deeply disappointing. They promised a complete solution within 100 days, but their re-branded ‘Indian affairs’ body, the Malaysian Indian Transformation Unit (MITRA) has not solved the this problem as yet. As far as I can ascertain, the last statement issued by the minister responsible states that MITRA was still working “to outline a comprehensive solution to the stateless issue, in line with the PH government’s manifesto promise”.
Since then another issue has arisen to affect the Indian community at an equally deep symbolic level – the spate of LTTE related arrests and charges. I have discussed the apparent pervisity of these arrests and detentions under SOSMA of 12 Indians including 2 government MPs previously in this series (beginning with On Being a Malaysian Tamil 1) and the question I explore here is how one might understand the implications for the Harappan government visa vis the Indian vote. The perceived involvement of government, even if it is misplaced, will surely be detrimental to their ability to garner Indian votes in the next general elections
In principle the police act independently of the Attorney General’s Chambers and the Judiciary and the government is distant from the decisions of all these bodies. While the judiciary is independent by virtue of the separation of powers expected in Malaysia’s Westminster based legal system, the police and the AG’s chambers are extensions of the executive. They too, however, are expected to act independently of executive interference and without improper collusion with one another. If all is running as it should be in our nation’s governance, no blame can be laid at the feet of the Harappan government for these LTTE arrests, detentions, changes and for the eventual judicial outcomes, whatever they might turn out to be. However, the history of the relationships concerned in Malaysia is such that it will be very difficult for the people to believe in the integrity of the system, even if it were true.
There is no question that the majority of Malaysian Tamils, like most of their fellows throughout the world support the Elam struggle, regardless of their misgivings about the terror tactics of the LTTE. Certainly, most of us feel there was an equal amount of state terror being deployed by the Sri Lankan government in this conflict and that the Terrorist organization designation applied to the LTTE, however justified it might be, is ultimately a political assignation. Indeed, the evidence for this suggestion is the fact that the Tigers were not so designated in Malaysia till 2014, years after the war ended and all acts or terror had ceased. Given this fact and the fact that our Malaysian institutions of state are known for being questionably interdependent, it is going to be difficult for Harapan to win the hearts of the Indian community and, of course, this may have a bearing on their votes in the next elections.
According to a report in FMT, on 18 January 2020, hundreds of people rallied to call for the release 12 Malaysian Tamils detained under the draconian Security Offences (Special Measures) Act (SOSMA) for alleged links to the Liberation Tigers of Tamil Eelam (LTTE). This gathering commemorated 100 days of detention for the 12 men who were arrested under the, commonly called Sosma.
The article also claims that the gathering called on Prime Minister Dr Mahathir Mohamad, Home Minister Muhyiddin Yassin and the Pakatan Harapan Cabinet to release the men and abolish Sosma in keeping with their manifesto promise. I would like to note that, while Harapan promised to abolish some laws SOSMA was not one of these. Indeed, the widely held notion that Harapan promised to abolish SOSMA is incorrect. Here is what Promise 27 of the Harapan Manifesto said on the matter –
…. The Pakatan Harapan Government will also abolish draconian provisions in the following Acts: • Penal Code 1997 especially on peaceful assembly and activities harmful to democracy • Communications and Multimedia Act 1998 • Security Offences (special measures) Act 2012 (SOSMA) • Peaceful Assembly Act 2012 • Prevention of Terrorism Act (POTA) 2015″
So what exactly the people can hold the Harapan government to, depends on an interpretation of the phrase ‘draconian measures.’ In this regard, the manifesto itself states that a Harapan government would “ensure an effective check and balance” by revoking “all clauses that prevent the Court from reviewing decisions of the Government or the laws introduced by the Government.” I suggest that the provisions of SOSMA that allow for police detention without bail before trial are just such ‘draconian measures’, as they grant licence to the agents of the executive to incarce suspects outside of the ambit of judicial review.
In fact, as reported in Bernama, on Nov 29, the High Court ruled that this portion of SOSMA is unconstitutional “because it divests from the courts the judicial discretionary power to evaluate whether or not to grant or refuse bail.” These are the provisions that can be misused, and will be seen to be misused even when they are used with good intent. In the interest of all accused persons and for the good name of the Malaysian judicial process, these provisions must be revoked immediately.
As I have suggested before, the 12 Malaysian Tamils are being held on the basis of charges that, at best, seem to defy logic. As they sit out their 100th day in prison, and while their appeals for bail to work slowly through the courts system, there is, as yet, no credible sign that the LTTE exists. At worst, these charges are based on guile and malice. As Suaram executive director Sevan Doraisamy, is reported to have said on behalf of his organization, “We feel that these arrests are politically motivated.” Please see On Being Malaysian Tamil 7
According to a post on the UNIST’OT’EN website Wet’suwet’en Hereditary Chiefs have submitted a formal request to the United Nations to monitor RCMP (police), government and Coastal GasLink (CGL) actions on their traditional, unceded territory. This request follows the directive from the UN Committee on Racial Discrimination (CERD) requiring Canada to halt the pipeline project and withdraw RCMP from our territory in order to avoid further violations of Wet’suwet’en, constitutional, and international law. This submission reveals the Chiefs’ perception of the imminent threat posed by the RCMP and security forces currently surrounding Wet’suwet’en villages and lands.
As I have noted before Malaysia’s PETRONAS crown corporation holds a 25% stake in LNG Canada’s Kitimat development which is totally dependant on this CGLpipeline. This pipeline is intended to transport natural gas from Dawson Creek to Kitimat and much of this gas will come from PETRONAS’ own North Montney fields. As noted in the Globe and Mail, the UN Committee for the Elimination of Racial Discrimination says that it is imperative that all affected First Nations give free, prior and informed consent before the pipeline proceeds. So once again, the interests of the exemplary Malaysian bumiputra (indigenous) led enterprise is contrary to the those of a group of indigenous people from British Columbia.