I signed the petition put forward by the families of the 12 Malaysian Indians arrested in 2019, charged and detained for supporting LTTE. The petition appeals to Malaysian parliamentarians and senators to call for a withdrawal of the charges against these 12 individuals. It also calls on the Home Ministry to annul the listing of the LTTE as a terror organization under the Anti-Money Laundering, Anti Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (ALMA ).
The LTTE, which many Tamils throughout the world see as a liberation force, lost their war with the Sri Lankan state in 2009 and there have been no tangible signs of a re-emergence since. Incredulously, it is as if a mere entry of an organization on the ALMA proscription list, no doubt a definition ‘in law’, has established the existence of the entity ‘in fact’. While the PDRM ( Malaysian police) had, at the time of the arrests, made intimations that large financial movements were involved, no such charges have as yet been brought.
The petition states that the ALMA listing of LTTE as a terrorist organization in 2014 was done without making the public aware and, as such, that the arrests of the 12 individuals were made without notice. Regardless of the question of notice, or lack there of, the perversity of the arrest of these Indians under ALMA, without attendant finance related charges, is highlighted by the 3rd consecutive dismissal of a related bail application by the High Court on Friday Feb 14. It is reported in the Star Newspaper that Judge Collin Lawrence Sequerah dismissed the application by Suresh Kumar on grounds that a terrorism offence under Section 130J of the Penal Code is non-bailable as provided under Section 13 of the Security Offences (Special Measures) Act 2012 (Sosma).
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.
Despite my origins in Jaffna, I am far removed from the Tamils of Sri Lanka in my lived identity. I am a Malaysian first and, as a Malaysian, my ethnic identification is with the wider group of Malaysian Indians. Historically Ceylonese Tamils have tried to preserve a distinct identity as Malaysians and officially we are not classified as Indians. Nevertheless, I believe that it is appropriate and meaningful that, to the extent that the Indians will accept us, Ceylon Tamils should join Indian Tamils and be absorbed into the identity of ‘Malaysian Indian’. I do not renounce my Jaffna background. Rather, I feel it should be integrated into the wider Malaysian Indian mosaic. With my recent immigration to British Columbia, I am even further removed from my Sri Lankan Tamil identity.
The LTTE fought a vicious war for a Tamil homeland. They exchanged terror for terror with the Sri Lankan state actors and proxies,. They valiantly fought the mighty Indian army. They even set up and ran up a de facto state but in the end they seemed to have pitted themselves against the whole world. They were utterly defeated and now the ordinary Tamil people are picking up the pieces after an alleged genocide, under the demeaning conditions of a Sinhala occupation. Although I have relatives (my mother’s family) who were directly impacted by this war, I have generally lived my own life beyond the reach of the emotions raised by this communal tragedy. Nevertheless, I have followed the situation and when I reflect upon it closely, I feel the pain of my kith and kin!
Meanwhile the ongoing Malaysian LTTE fiasco seems quite perverse and unrelated to the Sri Lankan Tamil realities. So, I wonder, what does the LTTE signify in the Malaysian political scenario? Indian Tamils in Malaysia are mainly descendants of indentured labourers brought over to work in the rubber estates. Their fellows worked on tea estates in Sri Lanka. I must note, not without a sense of shame, that the Ceylon Tamils have set themselves apart from the estate Indians in Malaysia. In Sri Lanka we let the estate Indians down over the issue of citizenship in the early post-independence decades. Nevertheless, the Elam struggle has been a potent signifier and catalyst of a cogent Tamil identity within Dravidian politics of the Indian state of Tamil Nadu. Tamil ethno-nationalists, have hoisted the Elam flag as their own. Their sense of Dravidian pride was invested in the Elam struggle and, one could say that with the LTTE destroyed, they have stolen its fire for their own political engines.
Now, in Malaysia the Indians are a minority. One that is caught within the discriminations of a postcolonial communalism. They are diminished in political agency vis a vis the Malay majority and even the Chinese minority. They have been, in the last decades seeking catalysts for a vigorous political mobilization. For instance, the Hindraf agitation centred around Hindu identity and temple demolition. Perhaps the symbols of the LTTE play a similar moral boosting and formenting role in Malaysian Indian politics. The ethos of the LTTE may have had its origins in a just cause in Sri Lanka but its xtreme violence is disproportionate to the situation faced by Indians in Malaysia.
With regard to the 12 Malaysian Indians recently arrested and charged with terrorism related offences, while their allegedly excessive engagement with LTTE symbols might reasonably raise the government’s concern, there has as yet been no charge that clearly suggests a resurgent global LTTE. Nor is there any sign in the charges of a Malaysian based LTTE organization being set up. The possession of LTTE paraphernalia, the promotion of the defunkt LTTE cause on social media and the commemoration of dead LTTE heroes do not, in my view, suggest anything more than an entanglement with Tamil pride, Tamil sorrow and Tamil myth. The suggestion by the PDRM (police) of massive financial movements, which might by indicative of an imminent LTTE revival has not been actualized by way a related charge against even one of the 12 detainees. ,,, More in On Being a Malaysian Tamil 7