MALAYSIA – Arrest All Rapists of Penan Girls and Women!

(11 September 2009, Bangkok) The Asian Forum for Human Rights and Development (FORUM-ASIA) urgently calls on the Malaysian government to immediately identify, arrest and bring to court rapists and sexual rights violators of Penan girls and women of Baram, Sarawak. The organisation with 46 members across Asia said this is the logical follow-up to the report of the National Task Force formed by the Cabinet to investigate the alleged sexual abuse of Penan girls and women by logging camp workers in the said territory.

The Ministry of Women, Family and Community Affairs took about a year to release the report despite repeated requests by public and civil society. FORUM-ASIA expressed shock and deep disappointment that, although as early as September 2008, indigenous peoples’ rights advocates released reports of and campaigned against the abuses against Penan girls in their own ancestral homes, it took a month for the government of Malaysia to organise the Task Force. Despite conducting the investigation one month later, ten months passed without any report to the public. The delayed responses by the relevant government authorities are violations of the right of the victims to justice.

“We would like to state that while we appreciate the report of the Task Force, this is only a step to justice to the victims. More has to be done now that the abuses have been validated”, said Bernice See, the Ethnic Minorities and Indigenous Peoples Programme Officer of the organisation.

Malaysian government is obliged to undertake measures to protect the child from all forms of sexual exploitation and sexual abuse, according to the Child Right Convention (CRC) (Art. 34). The government promised the indigenous peoples to take measures “to ensure that indigenous women and children enjoy the full protection and guarantees against all forms of violence and discrimination” (United Nations Declaration of the Rights of Indigenous Peoples, Art. 22).

The appalling condition of the victims and their communities – poverty, lack of basic services and access to justice, lack of knowledge of their rights, destruction of the sources of their subsistence – leads further to violations of the Penans’ human rights. Malaysia has committed to take appropriate measures to address the particular situation of women who live in rural areas, including the Penan, like providing access to adequate health care, social security, education and training, and other such measures that would allow them to “enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications” (Committee on the Elimination of Discrimination Against Women, Art. 14). Further, it has committed to guard children, against all forms of physical or mental violence, injury or abuse, and exploitation including sexual abuse (CRC Art. 19) and has assured that every child has “the right to a standard of living that will enable her or him to realise her or his total development” (CRC Art. 27).

FORUM-ASIA urges the Malaysian government to redress the violations of the human rights of the Penan girls, women and their communities by bringing to court the perpetrators of the crimes, rehabilitate the victims, expeditiously investigate the human and development conditions in Penan communities in Baram and other logging areas. “The conditions of logging concessions with the substantive participation of affected communities must be reviewed, allowing them to live in the spirit and intent of the native customary rights of the Penan and other indigenous peoples. Further, we urge the Malaysian government to take measures to ensure the physical, mental integrity and security of the Penan women and children”, See added.

For inquiries, please contact:

Yap Swee Seng, Executive Director, tel: +66818689178, email: yap@forum-asia.org
Bernice See, Ethnic Minorities and Indigenous Peoples in Southeast Asia Programme Officer, tel: +6626532940-1, email: emseap@forum-asia.org

Such a principled move is praiseworthy especially when the online newspaper is now under tremendous pressure from the Malaysian Communication and Multimedia Commission to withdraw the said videos from public viewing.

This stand has great political significance for the journalists and their commitment to truth should not be allowed to be trampled upon by the powers-that-be that do not respect, let alone appreciate the fundamental values pertaining to justice, freedom of expression and the media’s responsibility to speak the truth and shame the devil.

Additionally, the MCMC’s action makes a mockery of the Prime Minister Najib Razak’s recent guarantee that there will be no censorship of the Internet.

The act of metaphorically killing the messenger is equally disturbing in that it is aimed at intimidating conscientious journalists from reporting the truth without fear or favour. Needless to say, Malaysiakini merely reported what actually took place and exposed the racist and religiously insensitive remarks and actions of certain misguided individuals who claimed to have done what they did in the name of Islam and Muslims.

To be sure, the stand taken by the news portal has wide repercussions within the journalistic fraternity as well as the civil society in Malaysia.

We urge the MCMC to desist from harassing the editorial personnel of Malaysiakini.

Dr Mustafa K Anuar & Anil Netto
Coordinators
Charter 2000

Our boycott of SUHAKAM’s event on 9 September 2009 is to register our strongest protest and disapproval towards:

1. The failure of SUHAKAM to proactively protect and promote human rights

The lack of proactive efforts to protect human rights can be seen in its seemingly selective nature of conducting public inquiries. In several instances, SUHAKAM has failed to probe into serious cases of human rights violations. For example, in 2008, in response to a fire incident at the Lenggeng Immigration Detention Centre, a Commissioner made a strong statement calling it “one of the worst incidents that have taken place in Malaysia”. However, despite such strong statements SUHAKAM decided to reject civil society’s call for a public inquiry to be held.

When numerous individuals were arrested by the police for exercising their right to assemble on various occasions this year, none of the SUHAKAM Commissioners were present at police stations or lockups to try to secure the releases of those detained or at least to ensure their wellbeing in detention. The Commission also refused to send an official monitoring team to the anti-ISA rally on 1 August 2009 despite requests from civil society to do so, with the reason that the rally was held without a police permit and therefore “illegal”. This is contrary to the positions that the Commission has taken in numerous of its annual reports and reports of public inquiries.

We are also seriously concerned about the performance of SUHAKAM Chairman Tan Sri Abu Talib Othman. In 2008, the Chairman only made one press statement out of the 23 released by SUHAKAM throughout the year. The only press statement released by the Chairman was to clarify that a press statement released by three Commissioners on the previous day was not an official statement of SUHAKAM. The press statement on the previous day condemned the ban of the Hindu Rights Action Force (HINDRAF) by the government and called for the government to uphold freedom of association. With only one press statement released throughout the entire year – and even that was to distance SUHAKAM from a human rights-based position – the credibility and suitability of Tan Sri Abu Talib Othman as a public defender of human rights can thus be seriously questioned.

2. The failure of the government to make SUHAKAM a truly independent and effective institution

Numerous memoranda and proposals, calling for SUHAKAM to be made more independent and effective, have been submitted to the government since 1999. However, these proposals to improve SUHAKAM’s independence and effectiveness have thus far been met with a lack of commitment by the government.

SUHAKAM now faces a possible downgrading by the International Coordinating Committee of National Human Rights Institutions (ICC) in November 2009. The recent amendments in March and July 2009 to the Human Rights Commission of Malaysia Act 1999 are only minor and superficial and do not fully address all the concerns raised by the ICC in its April 2008 and March 2009 reviews of SUHAKAM.

3. The failure of the government to implement most of SUHAKAM’s substantial recommendations

Most of SUHAKAM’s substantial recommendations to the government, inter alia – to abolish all detention-without-trial laws; to ratify of all remaining core international human rights treaties; and to uphold the fundamental and Constitutionally-enshrined freedoms of speech, assembly and association – have been ignored by the government. None of the reports of SUHAKAM – be they annual reports, thematic reports, or reports of public inquiries – have been debated in Parliament.

“Malaysian Human Rights Day” – Is There a Cause to Celebrate?

Besides these failures, we also reject the recognition of 9 September as a celebration of what SUHAKAM terms as the “Malaysian Human Rights Day”, and instead only recognise 10 December as the international human rights day which has long been accepted and established universally as the day to celebrate human rights. We strongly stress the universality of human rights and therefore caution that an uncritical acceptance of 9 September as Malaysia’s very own human rights day amounts to what seems to be an adulterated human rights culture which distinguishes “human rights ala Malaysia” from “universal human rights”.

Our refusal to recognise 9 September as the human rights day is further strengthened by the fact that this date marks the establishment of SUHAKAM – an institution which has thus far failed in many counts in carrying out its mandate to promote and protect human rights. The failures of SUHAKAM thus far are not a cause for a celebration or marker of any kind.

Conditional Engagement

However, notwithstanding our boycott of SUHAKAM’s Human Rights Day event on 9 September 2009, we will continue to engage with SUHAKAM conditionally, with a specific timeframe for both the government and SUHAKAM to make necessary improvements and reforms.

Firstly, we urge the Commission to be more proactive and bold in its work. The following should be done by the current set of Commissioners before their terms expire in April 2010:

Intensify public campaigns, especially on issues where recommendations have been ignored by the government.
Provide an action plan with specific timeframes for the government to implement all pending recommendations and release progress reports on the status of implementation publicly and regularly.
Play an intermediary role between civil society and relevant ministries or government departments by holding regular constructive meetings, including for the implementation of SUHAKAM’s recommendations as well as reforms on SUHAKAM.
Conduct regular monitoring on the ground, particularly in cases where there are imminent threats of human rights violations.
Be more prompt, vocal and visible in responding to cases of human rights violations.

Secondly, the government should before the ICC’s final decision on SUHAKAM’s status in November 2009 further amend the Human Rights Commission of Malaysia Act 1999:

to provide SUHAKAM with wider powers and mandate, which include all rights in the Universal Declaration of Human Rights and other international human rights laws;
to ensure more transparency in the selection process of Commissioners, with full consultation with civil society at all stages of the appointment process;
to ensure that all Commissioners are full-time;
to clarify SUHAKAM’s powers to prevent Section 12(2) from undermining its work by the simple means of taking matters to court, and to allow SUHAKAM the discretion to conduct an inquiry after disposal of the matter in court;
to give powers to SUHAKAM to conduct spot checks on places of detention, without prior notice to authorities of places of detention;
to ensure that SUHAKAM reports directly to Parliament, rather than being placed directly under the Prime Minister’s Department; and
to compel SUHAKAM’s reports to be officially tabled and debated in Parliament.

Thirdly, the government should by April 2010 implement or provide a concrete timeframe and plan of action for the implementations of all recommendations made by SUHAKAM, including:

to ratify all remaining core international human rights treaties and withdraw reservations on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child (CRC);
to abolish all detention-without-trial laws;
to uphold Constitutional rights to freedom of speech, assembly and association, by repealing or amending legislations or provisions in legislations which curb these rights; and
to adopt and implement a National Human Rights Action Plan as proposed by SUHAKAM.

Failing to make these improvements within the proposed timeframes, we would seriously consider a more permanent boycott of SUHAKAM. Such drastic actions are being considered because of the urgent need for reforms on SUHAKAM and the previous failures of both the government and SUHAKAM to do so.

However, we welcome dialogues and collaborations with both the government and SUHAKAM if these demands for improvements are taken seriously. We are open to assisting both the government and SUHAKAM in drawing up a concrete plan of action for the implementation of these proposals.

Endorsed by:

Aliran Kesedaran Negara (ALIRAN)
All Women’s Action Society (AWAM)
Amnesty International Malaysia
Cakap Rakyat Group
Centre for Independent Journalism (CIJ)
Centre for Policy Initiatives (CPI)
Child Development Initiative
Civil Society Committee of LLG Cultural Development Centre (LLG-CSC)
Civil Society Initiative for Parliamentary Reforms (CSI-Parliament)
Civil Rights Committee of the Kuala Lumpur & Selangor Chinese Assembly Hall
Education and Research Association for Consumers Malaysia (ERA Consumer Malaysia)
Federation of Malaysian Consumers Association (FOMCA)
Gabungan Bertindak Mahasiswa Utara (GBMU)
Gerakan Mansuhkan ISA (GMI)
Group of Concerned Citizens (GCC)
Health Equity Initiative (HEI)
Kumpulan Aktivis Mahasiswa Independen Universiti Kebangsaan Malaysia (KAMI UKM)
Malaysia Youth and Students Democratic Movement (DEMA)
Malaysian Dravidian Association
Malaysian Indian Development Association Selangor
Malaysian Tamil Youth Bell Club
Malaysian Voters Union (MALVU)
National Human Rights Society (HAKAM)
National Institute for Electoral Integrity (NIEI)
Penang Watch
Persatuan Bahasa Cina Unversiti Malaya (PBCUM)
Persatuan Kesedaran Komuniti Selangor (Empower)
Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS)
Persatuan Sahabat Wanita Selangor (PSWS)
Physicians for Peace and Social Responsibility
Pusat Komuniti Masyarakat (KOMAS)
Research for Social Advancement (REFSA)
Save Ourselves (SOS) Penang
Semparuthi Iyakkam
Sisters in Islam (SIS)
Southeast Asian Centre for e-Media (Seacem)
Suara Rakyat Malaysia (SUARAM)
Tenaganita
Women Institute for Research Development and Advancement (WIRDA)
Writers’ Alliance for Media Independence (WAMI)
Youth for Change (Y4C)
Youth Section of the Kuala Lumpur and Selangor Chinese Assembly Hall

“Rodziah saya akan rogol you sekarang!” adalah antara kata-kata kesat yang telah menggegarkan Dewan Bankuet MBSA dalam Majlis Dialog bersama penduduk mengenai isu pemindahan kuil ke Seksyen 23 Shah Alam.

Kami, Wanita Parti Keadilan Rakyat Wilayah Persekutuan (“Wanita PKR WP”) mengutuk sekeras-kerasnya perbuatan golongan yang terlibat dalam kekecohan semasa Majlis Dialog tersebut terutamanya yang mengeluarkan kata-kata kesat serta bertujuan untuk mengugut seorang wakil rakyat wanita, iaitu YB Rodziah Ismail, ADUN Batu Tiga Shah Alam.

Kami, Wanita PKR WP juga percaya insiden kekecohan yang berlaku di Dewan Bankuet adalah satu tindakan atau perbuatan yang telah dirancang awal dan merupakan sebahagian daripada tindakan susulan ekoran protes kepala lembu yang berniat untuk menimbulkan ketegangan antara kaum.

Kami, Wanita PKR WP mengalu-alukan keputusan Peguam Negara yang bercadang untuk mendakwa golongan penghasut yang terlibat dalam protes kepala lembu tetapi kami masih berasa amat kecewa dengan:-

1. kegagalan polis dalam menjalankan tanggungjawab mereka untuk menjaga keamanan serta ketenteraman masyarakt apabila tiada tindakan tegas yang segera diambil dengan penangkapan golongan penghasut yang terlibat. Kelewatan pihak polis bertindak dalam protes kepala lembu telah menyebabkan golongan penghasut meningkatkan lagi perbuatan jenayah mereka sehingga tertimbulnya insiden kekecohan di Dewan Bankuet MBSA pada 5hb Sept, 2009. Sehingga hari ini golongan yang bertanggungjawab menimbulkan kekecohan di Dewan Bankuet MBSA terutamanya yang mengeluarkan kata-kata ugutan terhadap YB Rodziah Ismail, ADUN Batu Tiga Shah Alam masih belum ditangkap lagi walaupun terdapatnya bukti kukuh melalui rakaman video;

2. kelemahan Kerajaan Pusat di bawah pimpinan Barisan Nasional dalam usaha menangani gejala dan anasir negatif yang menggugat perpaduan serta keharmonian antara kaum. Perbuatan Menteri Dalam Negeri, Datuk Seri Hishammuddin Hussein yang mengadakan perjumpaan dengan golongan penghasut tersebut seolah-olah mempertahankan perbuatan jenayah golongan penghasut tersebut. Semua ini adalah bercanggahan dengan matlamat Rukun Negara terutamanya prinsip Keluhuran Perlembagaan, Kedaulatan Undang-undang dan Kesopanan dan Kesusilaan yang bertujuan untuk mengukuhkan perpaduan dan ketenteraman negara;

3. tindakan tidak munasabah Suruhanjaya Komunikasi dan Multimedia Negara (SKMM) yang mengarahkan supaya Malaysiakini membuang 2 video yang mengandungi rakaman berhubung dengan protes kepala lembu dan penyiasatan yang dijalankan terhadap Malaysiakini berhubung dengan 2 video tersebut. Penyiasatan SKMM terhadap Malaysiakini bercanggahan dengan cadangan Peguam Negara terbaru untuk mendakwa golongan penghasut protes kepala lembu kerana 2 video rakaman Malaysiakini adalah merupakan barang bukti penting untuk menyabitkan kesalahan golongan penghasut dalam kes pendakwaan golongan penghasut;

4. kegagalan Menteri Pembangunan Wanita, Keluarga dan Masyarakat, YB Senator Dato’ Sri Shahrizat Abdul Jalil dalam usaha menghapuskan segala diskriminasi terhadap wanita seperti mana yang dikehendaki dalam CEDAW (Konvensyen menghapuskan Segala Diskriminasi terhadap Wanita) dalam mana Malaysia merupakan salah sebuah Negara yang mengiktiraf dan menandatangani Konvensyen tersebut terutamanya kegagalan beliau memainkan peranan beliau menuntut pembelaan bagi pihak YB Rodziah Ismail, seorang wakil rakyat wanita. Wanita mencapai 30% di dalam arus perdana politik dan tahap “decision making” dalam Negara ini tidak mungkin menjadi kenyataan tanpa jaminan keselamatan diri diberi kepada wanita yang terlibat dalam politik.

Justeru, kami, Wanita PKR WP, menuntut supaya:-

1. Tindakan segera diambil oleh polis terhadap golongan penjenayah yang mengeluarkan ugutan “Rodziah saya akan rogol you sekarang!” dengan penangkapan penjenayah yang terlibat supaya keselamatan diri YB Rodziah Ismail dapat terjamin selaras dengan kehendak CEDAW;

2. SKMM menghentikan segala penyiasatan terhadap Malaysiakini berhubung dengan 2 video rakaman protes kepala lembu; dan

3. Semua penghasut yang terlibat dalam protes kepala lembu dan kekecohan dalam Dewan Bankuet bersama dengan sesiapa yang merancang, berkomplot dan berkonsipirasi dalam kedua insiden harus diheret ke depan muka pengadilan dengan segera.

Kami Wanita PKR WP tetap berdiri teguh memberi sokongan padu kepada YB Rodziah Ismail. Kami juga menaruh penuh kepercayaan kepada Kerajaan Negeri Selangor Darul Ehsan di bawah pimpinan Tan Sri Khalid Ibrahim dan keupayaan YB Khalid Abdul Samad, Ahli Parlimen Shah Alam dalam usaha menyelesaikan isu pemindahan kuil Hindu di Seksyen 23.

Felicia Ling
Ketua Wanita Parti Keadilan Rakyat
Wilayah Persekutuan
–
For more information, kindly contact KEADILAN Information Chief Latheefa Koya at 012-3842972; or visit KEADILAN trilingual website: Malay: www.keadilanrakyat.org, www.suarakeadilan.com, English: http://en.keadilanrakyat.org/ , & Chinese: http://zh.keadilanrakyat.org/; Advisor Anwar Ibrahim’s blog: www.anwaribrahimblog.com ; and latest political news and video clip: http://mediarakyat.net/. If you find them worth reading, do help us promote them to your friends.

Since a two month old baby right up to my Form five, I was brought up in Tumpat, Kelantan.

As teenagers, we prayed and played at the Sri Maha Mariaman Hindu Temple in Tumpat, Kelantan which was built by the then colonial days Railway working class Indians.

This Hindu temple is in a 99.99% Malay Muslim dominated population and ruled by PAS.

During my last visit to this temple two years ago I was told that there are only two Indian families left in Tumpat.

But our Hinldu temple stands right up to this day on the very main road leading into Tumpat town.

I nostalgically showed my wife and children the Hindu temple which I grew up with.

It is still the history and heritage of Kelantan right up to this date.

This our Hindu temple could now be demolished or asked to be relocated as it is in a 99.99% Malay Muslim area or to be moved out of the state of Kelantan as it is in a “Serambi Mekah” State.

I believe it would not even have crossed PAS’ Kelantan Menteri Besar Nik Aziz’s mind.

This is religious co-existence in practice in 99% Malay Muslim PAS ruled Kelantan.

The biggest sleeping Buddha in the world is not in Thailand, Cambodia Sri Lanka or India where Buddhism originated from but it is in Kg. Neting, Tumpat Kelantan.

In multi racial and multi religious Malaysia it should be religious coexistence as opposed to religious tolerance.

Then we wont get the case of the UMNO majority and dominant area like in Section 19 and 22 of Shah Alam objecting to hindu temple because it is a Malay Muslim dominated area and the cow head protest by the religious extremist who were never arrested on sight and who would never be seriously prosecuted by the Attorney General in Prime Minister Najib Razak’s One Malaysia.

And so the racism and religious extremism continues in Malaysia. In fact they had the support of even UMNO’s Home Minister Hishamuddin Hussein who had justified their actions.

To both the UMNO controlled Federal government and the PKR controlled Selangor state government and the other P.R ruled West Coast states you both have something to learn from PAS ruled Kelantan.

By the stroke of the pen vide a circular by Prime Minister Najib Razak, the PKR Selangor Menteri Besar the other P.R ruled Menteri Besars and Chief Minister, all existing Hindu temples could be issued with land titles and gazetted as Hindu temple reserves as is the case even in the 99% Malay reserve land State of Kelantan.

This would put a stop and a finality to this new, unprecedented and unnecessary racial and religious division and tension in Malaysian.

Similarly this should also be done for all Hindu crematoriums Tamil Schools and Indian settlements like Kg. Buah Pala.

This would actually solve half the Indian working class problems once and for all.

But in both the aforesaid UMNO, PKR in Selangor and the other West coast P.R ruled states, they are merely playing puppet shadow play (wayang kulit) politics using their Indian “mandores” via the print and electronic media by empty (kosong) announcements of the odd land for Hindu Temples, Tamil Schools and Crematoriums here and there and amplifying them as in the Malay proverb “Ayam telur sebiji rioh sekampong”.

These State governments who wield almost absolute powers where it concerns their State land also do not issue a State government letter on the aforesaid odd land that they announce, issue land titles or gazette these Hindu temples, Tamil schools and Hindu crematoriums accordingly.

Thus the current predicament of the working class Indians, the latest being in Kg. Buah Pala and Section 19 and 22, Shah Alam which is merely the tip of the iceberg of the Malaysian Indian working class critical problems.

Only in Malaysia and especially in the name of development, the first targets are Hindu temples, Hindu crematoriums Tamil schools and the poor Indian land settlers.

We have recorded thousands of such cases. These problems hardly happens in the Malay, Chinese, Orang Asli, Iban or Kadazan communities in Malaysia.

It happens almost only to the working class Indians. Why? But BN, PKR, DAP, PAS, NGOs’ and the Malaysian civil society all proclaim to be “multi-racial and multi-religious”.

All because the working class Indians have neither the political power or the economic clout and what follows is there are no takers for these critical Indian problems by almost all UMNO, PKR, DAP and PAS (except in Kelantan) NGOs’ and the Malaysian civil society.

Thank you.

Your faithfully,
P.Uthayakumar
Secretary General (pro-tem)
Human Rights Party (HRP)

Note : This statement has today also been forwarded to the government of Malaysia to which we expect a reply.

On 7 August 2009, the body of Finardo Cabilao was found in his residence in Malaysia. He appears to have been tortured and bludgeoned to death. The circumstances of his death indicate that he was targeted because of his work against human traffickers.

During his appointment as the Social Welfare Attaché to the Embassy of the Philippines in Kuala Lumpur, Mr. Cabilao worked tirelessly on behalf of Filipino victims of trafficking. He also played an important role in developing and advocating for the adoption of the recent ASEAN Guidelines for the Protection of Trafficked Children. As a result of his work combating trafficking, which included testifying against them in legal proceedings in Malaysia, Mr. Cabilao received death threats from traffickers – death threats that ultimately appear to have been acted upon.

We, the undersigned organizations, wish to express our sadness, shock and grave concern at the news of the death of Mr. Cabilao.

Firstly, we extend our deep condolences to the family of Mr. Finardo Cabilao, especially to his wife and two children. We hope that Mr. Cabilao’s legacy of bringing safety and hope to countless victims of trafficking may bring them comfort even as we recognize that no legacy can begin to replace the loss of a husband, father, son and brother.

Secondly, we call upon the Filipino government to recognize the legacy of Mr. Cabilao by ensuring that its next Social Welfare Attaché continues the work of Mr. Cabilao and that the embassy and government redouble their assistance to all Filipino victims of trafficking, both in Malaysia and upon return to the Philippines.

Thirdly, we demand that the Malaysian government promptly and thoroughly investigate the murder of Mr. Cabilao and make every effort to identify, arrest and prosecute his murderers. We remind the Malaysian government that the international community has found its efforts to combat trafficking wanting and that the flagrant murder of Mr. Cabilao is a direct result of the sense of impunity that human traffickers have enjoyed for too long in Malaysia. We believe that the commitment of the Malaysian government to opposing human trafficking is in doubt as long as it allows the murderers of Mr. Cabilao remain at large.

Fourthly, we reiterate the need for all governments in the region to continue working individually and collectively to combat human trafficking and to ensure that all those who join the opposition to human trafficking are provided with support and protection.

This statement was written by members of the Asia Pacific Refugee Rights Network (APRRN)[1], and has been endorsed by the following organisations:

International
Chin Human Rights Organization
International Detention Coalition
Mapendo International
UNANIMA International
VIVAT International

Regional
Australia-New Zealand Province of the Society of the Sacred Heart
Asian Forum for Human Rights and Development
Good Shepherd Asia Pacific Justice & Peace Network
Justice, Peace & Solidarity In Mission Office, The Congregation of the Good Shepherd Sisters, Province of Singapore-Malaysia
Migrant Forum in Asia
Nonviolence International Southeast Asia
Philippine NGO Council on Population, Health and Welfare
Sisters, Servants of the Immaculate Heart of Mary, Thailand and Cambodia
The Arakan Project

Australia
Australian National Committee on Refugee Women

Bangladesh
BOMSA
Kazi Nurmohammad Hossainul Haque, Manager, Programme and Communications, Management and Resources Development Initiative (MRDI)*
Ovibashi Karmi Unnayan Program (OKUP)

Egypt
Africa & Middle East Refugee Assistance – Egypt
Egyptian Foundation for Refugee Rights

Hong Kong
Hong Kong Refugee Advice Centre

India
Arunodhaya Migrant Initiatives
Burma Centre Delhi
Priyanca Mathur Velath, JNU*

Indonesia
Indonesia Legal Aid Foundation

Japan
Services for the Health in Asian and African Regions (SHARE)

South Korea
Korean Public Interest Lawyers Group GONGGAM

Malaysia
Children’s Legal Bureau, Inc
Citizens International
Civil Society Committee of LLG Cultural Development Centre (LLG-CSC)
Friends of Women, Selangor (PSWS)
Health Equity Initiatives
Persatuan Kesedaran Komuniti Sealngor (Empower)
Suara Rakyat Malaysia (SUARAM)
The Centre for Independent Journalism Malaysia
The National Human Rights Society

Nepal
Forum for Protection of People’s Rights Nepal (PPR Nepal)
INHURED International
Nepal Institute for Development Studies
POURAKHI, an Organization of Women Migrant Workers

New Zealand
The Little Company of Mary Sisters

Pakistan
Pakistan International Human Rights Organization

Philippines
Action for Health Initiatives (ACHIEVE), Inc.
Center for Migrant Advocacy Philippines
Development Action for Women Network (DAWN),
Edgardo Pedro Legaspi*
Ester Mansos Felix, Executive Director, Refugee Services Philippines, Inc. (RSPI)*
Foundation for Media Alternatives
Franciscan Missionaries of Mary-Migrant Ministry (FMM-MM)
Assistant Professor Laufred I. Hernandez, University of the Philippines*
Legal Rights and Natural Resources Center, Friends of the Earth
MIGRANTE International
Peoples Partner for Development and Democracy (PPDD)
Religious Women Against Trafficking (RWAT)
Reproductive Rights Resource Group
Rodelyn Marte*
Teresa Jopson*
Women, Justice and Peace and Integrity of Creation (WJPIC) Office of the Good Shepherd Sisters in the Philippines

Sri Lanka
Migrant Services Center

South Africa
Lawyers for Human Rights

Thailand
Anna Malindog, Founder/Executive Director, Peoples Partner for Development and Democracy (PPDD)*
Asia Indigenous Peoples Pact (AIPP)
Congregation “Daughters of Mary Help of Christians” (Salesian Sisters of Don Bosco)
Fountain of Life Center, Pattaya
Niza Concepcion, Committee for Asian Women*
Penny Thame, VSO*
Roby Alampay, Executive Director, Southeast Asian Press Alliance*
Rufino Seva, Project Manager, Bangkok Refugee Center*
USCRI Thailand

The Netherlands
Netherlands Centre for Indigenous Peoples

USA
Bon Secours Health System, Inc.
Catholic Health East
Congregation of Our Lady of Charity of the Good Shepherd – Good Shepherd International Justice Peace Office (New York)
Maryknoll Fathers and Brothers
Midwest Coalition for Responsible Investments
Missionary Oblates of Mary Immaculate, Justice, Peace/Integrity of Creation Office
Sisters of Mercy of the Americas Institute Justice Office

* Endorsed in an individual capacity.

[1] The Asia Pacific Refugee Rights Network (APRRN) is a civil society network committed to advancing the rights of refugees in the Asia Pacific Region. The network includes members who work directly with victims of trafficking in Asia.

2. For the record, before the publication of the magazine, I made an
application to the Home Ministry to the Home Minstry for the
Publication Permit and all requirements and conditions to obtain the
permit had been fulfilled.

On the 3rd of August our Company had contacted Officers from the Home Ministry and we were informed that the permit had been approved and the hard copy of the Publication Permit would be ready for collectionon the 14th of August 2009. On the said date we went to collect the Publication Permit at the Home Ministry but were informed that the Permit was not ready. I then requested for the Permit number so that we could begin with production work on the understanding that when the magazine would be printed and distributed in 10 days time, the Permit would be ready.

We were given the Permit Number PP8541/08/2010(0282145) ISSN 1688-5398 by the officers on that day. I refute any allegations that Gedung Kartun is published with a false permit. The Home Ministry has made a serious accusation that implies that I made up the Permit Number PP8541/08/2010(0282145) ISSN 1688-5398.

3. I am bemused as to why the Publication Permit for Gedung Kartun is yet to be issued and instead a raid was conducted and they now want to charge me in court. Isn’t it better for them to issue the approved Permit as they informed to me and solve all matters?

4. As the approved Publication Permit can only be signed off by the
Home Minister, I shall request in writing to meet with the Home
Minister Dato’ Seri Hishamuddin Tun Hussein to get an explanation on
whether he did or not approve the permit number
PP8541/08/2010(0282145) ISSN 1688-5398 on or before the 14th of August 2009 for Gedung Kartun magazine as informed by Officers of the Home Ministry.

5. I will also like to question the increasing difficulty in obtaining
Publication Permits. What then is meant by the Prime Minister that the
media will be freer under his Administration? Is it that under
1Malaysia, works of art and the voices of cartoonists will be under a
tighter grip?

6. If drawing cartoons results with 3 years imprisonment, imagine the state of media freedom and freedom of expression in Malaysia.

7. I also urge for the draconian Printing Presses and Publication Act
1984 to be abolished.

Zunar
(Zulkiflee Anwar Ulhaque)
Political cartoonist, Gedung Kartun Editor
+6012 3058262
+603 22744931
1 September 2009
–Defend the rights of Cartoonists
–Pertahankan hak kartunis.

But, has the medical/scientific establishment even identified, isolated and proven that HIV undeniably causes AIDS? Does HIV even exist?

According to Lynne McTaggart, “The most shameful instance of an unreliable lab test used for diagnostic purposes is the Aids test.

The enzyme-linked immunosorbent assay (Elisa) test is most frequently used to test your HIV status, and is usually considered proof-positive that you are infected with HIV.

A test called Western Blot is often used as a confirmation. For the Elisa test, a sample of the patient’s blood is added to a mixture of proteins.

It is assumed that if HIV antibodies are present in the blood, they will react to the HIV proteins in the test.

The proof that HIV causes Aids hinges entirely on the idea that detection of an antibody response to the virus is proof of its actual presence.

Doctors assume that if your body has made antibodies specific to HIV, it must mean that a protein of the virus – and so the virus itself – is present.

In other words, the so-called Aids tests cannot test for the presence of HIV, just the presence of antibodies to it – the usual sign that the body has fought infection and won.

With the Western Blot, these HIV proteins are isolated in bands; when mixed with a blood sample, each protein band will show up if it has bound to an antibody.

Besides being unable to detect HIV, these tests are notoriously unreliable; in Russia, in 1990, out of 20,000 positive Elisa tests, only 112 could be confirmed using the Western Blot, according to Australian biophysicist Eleni Papadopulos-Eleopulos, who has studied both tests in depth.

The French government considers these tests so unreliable that it withdrew nine of the 30 HIV tests that were once available.

The other problem is that neither test is specific to HIV; both react to many other proteins caused by other diseases. For example, the protein p24, generally accepted to be proof of the existence of HIV, is found in all retroviruses that live in the body and do no harm.

This means that p24 is not unique to HIV, as Dr Robert Gallo, co-discoverer of the HIV virus, has stated repeatedly. Hepatitis B and C, malaria, papillomavirus warts, glandular fever, tuberculosis, syphilis and leprosy are just a few of the conditions that are capable of producing biological false-positives in Elisa tests.

In one study, antibodies to p24 were detected in 13 per cent of patients with generalised papilloma virus warts, 24 per cent of patients with skin cancer and 41 per cent of patients with multiple sclerosis.

In one study, half the patients with a positive p24 test later tested negatively.

The Western Blot test, supposed to be the more accurate of the two, has proven no better than Elisa.

Dr Max Essex of Harvard University’s School of Public Health, a highly respected Aids expert, found that the Western Blot gave a positive result to some 85 percent of African patients later found to be HIV-negative.

Eventually, he and his researchers discovered that proteins from the leprosy germ – which infects millions of Africans – can show up as a false-positive on both Elisa and Western Blot, as can malaria.

In one study of Venezuelan malaria patients, the rate of false-positives with Western Blot was 25 to 41 percent.

This poor track record is disturbing when you consider that the main Aids ‘risk’ groups – gay-men, drug-users and haemophiliacs – are exposed to many foreign substances such as semen, drugs, blood transfusions and blood components, hepatitis, Epstein Barr virus and many other factors or diseases known to cause false-positives in HIV tests.

Other populations exposed to a greater than normal amount of disease – such as Africans and drug -users – also make many more antibodies than the rest of us and therefore are likely to end up with a false reading.

Blood transfusions can also produce a false- positive HIV test result. In one study, the amount of HIV antibody detected in Elisa tests was greatest immediately after blood transfusion, and thereafter decreased.

One volunteer was given six injections of donated HIV-negative blood at four-day intervals. After the first injection, his HIV test was negative but the HIV-positive antibody response increased with each subsequent transfusion.

Of course, the greatest problem with a HIV test is that a positive test labels you HIV positive for life.

Being HIV positive can bar you from insurance, employment, marriage or even entry into another country.

The HIV test can also launch many healthy patients on the inexorable road to ‘just-in-case’ Aids treatment with drugs whose considerable, even life-threatening side-effects bear uncanny resemblance to the list of symptoms doctors describe in HIV infection or full-blown AIDS.”- (McTaggart, Lynne, What doctors don’t tell you, Revised Edition (2005), Thorsons, London, pp39-41).

Yours sincerely,
Kumaraguru
Subang

Part One: Celebrating Wesak Day with the Demon(s)? by Norbu Wang Zentea

No no no, don’t get me wrong. Please don’t judge this article by just looking at its title.

What I mean Demon here is not necessary some thing or somebody outside of you.

(reminder: but it can be interpreted as such, if you want, out of free will, with your own political understanding, that ‘demon’ can also mean someone or something outside of you, who is the symbol of evil and injustice – oh I better leave this to you to read between the lines…)

Demon in Buddhism (I would rather use the word Dharma) means our Desire, anger or ignorance.

Someone just invited Mr. N, a very important VIP to our so-called national Buddhist Gathering to celebrate the Wesak Day – the Enlightenment Day, the Birthday and the Nirvana Day of the Awakened One.

Before we talk about this Mr. N, let us first look at the significance of this sacred and meaningful day.

What Happened to Buddha and what did he say on this significant and important day?

On the day when Buddha was born into this world, it is said that He took seven steps in each of the four directions and each footprint became a lotus. Then He looked East and said, “From this point on I am the arising of enlightenment.”

Looking South he exclaimed,” From this point I will achieve complete knowledge, both ordinary and extraordinary.” Then he looked to the West, saying, “From this point I am born to be the cure of suffering and completing this, my last lifetime, I will dissolve.” Finally, he looked North and said, “From this point, in my Life I will completely purify all of my karmic obscurations.” Then the deva realm beings appeared and offered him all auspicious substances.

But then there’s another version of the story. The Buddha took seven steps and proclaimed: “I am the leader of the world, the guide of the world. This is my final birth!” Thereafter, two streams flowed freely from the heavens, one warm and one cold, cleansing the mother and child.

What does it mean when Buddha said: : “I am the leader of the world, the guide of the world. This is my final birth!”? it means Him, and ALL other sentient beings in the world should have our own dignity, we should reclaim our own innate Leadership, and simply allow our precious Buddha nature to lead us – and don’t sacrifice your inner integrity to outer authority. This is not ego or pride, Buddha was just simply proclaimed the truth with confidence and dignity. In other words, he would not kow-tow to any authority (of course, I must assume that he is humble enough to learn from or to cooperate with any people on the basis of equanimity and mutual-respect) – including and especially political leaders and politicians. He does this not out of ego, but for the benefit of all, to inspire all others to follow His footsteps. “This is my final birth” simply means that he has cut-off his Ego and there’s no “I, My, Me” involved when he said the words.

But Does the Buddhists or the Buddhist Organizations who invited our Mr. VIP know this and practice this? I doubt so. Even they know it, they don’t really want to express their understanding in such ways that will ‘hurt’ the feelings of others, including and especially our MR. VIP.

But by doing so, do you think they have upgrade the status of Buddhists of being a fearless and dignified community? Or they have compromised to the view that “better stay and cooperate with the Devils because we can’t change them anyway?”

Ok, I would not spend too much time here to analyze about MR. N, our VIP. You know it, I know it, everyone knows it. It is already a public opinion of the majority, we have published our thoughts and views in many blogs, we have enough evidence and information about this. NO MORE proofs is needed. Enough is Enough.

But what I am trying to say is: why invite such person when you know already that he is NOT WELCOMED by anyone who has even the lowest common sense? And rationaLIES it with so many beautiful reasons like religious harmony, One Malaysia, tolerance and blablabla….??? Or should we say that there’s an hidden agenda for both parties e.g. they are just using each other to achieve what they want?

Let’s check into the motive behind the whole thing:

The three poisons spoken by the Buddha as the most important defilements of all are: Desire, Anger and Ignorance.

1. Desire – do we invite this guy with pure intention, or we NEED or WANT something from him or his approval and supports – for OUR Buddhist community – until we have to sacrifice the value and teachings of the Buddha e.g. integrity, wisdom, right views, fearless conduct (dare to say NO – that’s right!), democracy, human (and sentient beings’) rights, etc etc?

2. Anger – you would say that this is discouraged by the Buddha but I say not so. Buddha said that we shouldn’t avoid nor suppress our anger. We used to do that to avoid actions, but he encourages us to TRANSFORM these anger into constructive and creative actions. Some Bodhisattvas even show angry face and use wrathful forms to tame certain beings. Expressing anger in healthy ways are encouraged by modern psychologists as well, so why not say NO to the Very Irritating Person when our hearts tell us to do so? If we are the followers of the truth, we should do that fearlessly. (Yes, this include also “say NO to ISA” – which most of the Buddhists stay silent and passively inactive)

3. Ignorance – NOT knowing what to do or NOT doing the right thing is equal to this basic source of ALL mistakes and downfalls. Buddha called this temporary stupidity, that we need to remove it to reveal our glorious innate Wisdom and Nature.

I am not suggesting that the organizations who involved in this invitation are people full of these three poisons. We as human beings, have to admit that we ALL have those mistakes and we all need to improve ourselves from time to time.

What I am trying to say is: is it the time now, when we as Buddhist should awaken ourselves to the new dimensions of sincere and authentic Spirituality? Should we take back our responsibility (response-ability) and reflect our wisdom, compassion and positive energy in a skillful ways to at least reduce or pacify the unwanted political instability in Malaysia, which happens in Perak, Putrajya, Penang and everywhere in Malaysia – something that we can see with our eyes everyday???

Perhaps its time when we need to wake up from our Ignorance of Compromise, Hypocrisy and Inactions. Remember Victor Hugo’s words : No army is so powerful as an idea whose time has come. …

Then Buddha our Lord will be smiling like an open lotus on Wesak Day, because his followers have just transformed their outer demons and inner emotions into something beautiful and wonderful.