Police and Your Basic Rights
Published by The Malaysian Bar Council
in conjunction with TANGKAP
(Tindakan Anti Penyalah Gunaan Kuasa Polis)
Updated:
Download PDF Format: English | Malay
1. POLICE STOPS YOU
1.1 Not in uniform, ask for identification
Say: “Please, show me your Police authority card”.
1.2 Police authority card
Red : Suspended Police Officer. He has no authority to do anything to you. Walk away.
Other colours:
- Blue : Rank of Inspector and above
- Yellow: Below the rank of Inspector
- White : Reserve police
Note his name and Police authority card number.
1.3 In uniform
Note his name and ID number on his uniform.
1.4 Police vehicle
Note the number plate of the patrol car or motorcycle.
2. POLICE QUESTION YOU WHEN STOPPED
2.1 Your identification
Only give your name, ID card number and address.
2.2 The police ask other questions
Politely ask, “Am I under arrest?”
2.3 When you are under arrest
You are arrested if the police:
- tell you “yes”;
- do not allow you to leave/want to take you to the Police Station; or
- handcuff you
If you are not under arrest, you may walk away/refuse to follow him back to the Police station or anywhere else, if asked.
2.4 When you cannot be arrested
The police cannot arrest you just because you are a potential witness and want to take a statement from you (112/Witness Statement).
3. QUESTIONING BY POLICE WITHOUT ARREST
3.1 112 Statement
When the Police are investigating a case and think you have information / knowledge about the case, the Police may question you and take down your answers (112 Statement).
3.2 Informal/Formal Request
Most times, the Police make an informal request that you give a 112 Statement. If the place and time is convenient to you, cooperate. If not, tell the Police you will do so at a convenient place and time.
If you refuse to cooperate, the Police may issue a formal order in writing, signed by an investigating officer (Police Officer) to ask you to cooperate.
If you disobey a Police Order, you cannot be arrested. However, it is an offence and the Police may request the Magistrate to issue a warrant against you to compel you to cooperate.
3.3 Giving a 112 Witness Statement
You have the right to ask a lawyer to accompany you. This is advisable.
In giving a 112 Statement, you may refuse to answer any question / remain silent if the answer is likely to expose you to a criminal offence.
- Bring along a notebook or writing paper with you (Personal Notes).
- Write down every question asked in your Personal Notes.
- Make sure you understand every question asked.
- Take your time and think carefully before writing your answers in your Personal Notes.
- Read your answers to the Police Officer questioning you.
- Keep your Personal Notes for future reference.
3.4 Signing your 112 Statement
Before signing your Statement, read the questions and your answers written by the Police Officer carefully.
- Compare the Statement you are asked to sign with your Personal Notes.
- You have the right to make any corrections/changes to the Statement before signing.
- Place your signature immediately below the last sentence of your Statement.
4. POLICE ARREST YOU
4.1 Ask: “Why am I under arrest?”
An arrest is unlawful if you are not informed of the reason.
4.2 Do not resist an arrest
The Police have the right to use reasonable force to arrest you if you resist.
4.3 Ask: “Which Police station are you taking me to?”
The arresting Police Officer must immediately take you to the nearest Police Station and no other place.
4.4 What to do when arrested
You have the right to telephone:
1. Your relative or friend; and
2. A lawyer.
You may also call a nearby Legal Aid Centre (LAC). Inform them:
- you have been arrested;
- the time, place and reason of the arrest;
- the Police Station you will be taken to.
4.5 What happens after arrest
You may be detained up to 24 hours:
- at the Police Station, or
- in a lock-up to “assist” police investigation.
5. YOUR RIGHTS AFTER ARREST & DURING DETENTION
5.1 Right to consult a lawyer
Once you request for the presence of a lawyer, you have a right to consult the lawyer at the Police Station. The Police must accord you reasonable facilities and a reasonable time period for you to meet and consult the lawyer. The Police may, however, deny you this right, if the delay in questioning you may cause the occurrence of another crime or cause danger to others.
5.2 Clothing
You are allowed to have one set of clothing with you in the lock-up.
5.3 Personal belongings
The Police must record and put all your personal belongings in safe custody. Your personal belongings must be returned to you upon your release.
5.4 Welfare
You are allowed to take bath two times a day. If you are sick, you have the right to receive immediate medical attention. You are to be given proper and adequate food and water during detention.
5.5 How long can the Police detain you
The police can only detain you up to 24 hours for investigation. The duty of the police is to complete investigation within 24 hours and to release you as soon as possible. If the police cannot complete investigations within 24 hours, the police must bring you before a Magistrate far a remand order to extend your detention beyond 24 hours (Remand Order).
6. REMAND ORDER BY MAGISTRATE AFTER ARREST
6.1 Who is a Magistrate
A Magistrate is a judicial officer. The Magistrate has power to issue a Remand Order to detain you for more than 24 hours.
6.2 Purpose of Remand Order
It is to give more time to the Police to complete their investigations and decide whether there is evidence to charge you for an offence. The Police cannot ask for a Remand Order only for the purpose of taking a Statement from you.
6.3 How long is a Remand Order
When the Police bring you before a Magistrate for a Remand Order, the Police must give reasons to the Magistrate why it is necessary to detain you beyond 24 hours. The Magistrate’s duty is to consider carefully the reasons given by the Police.
The Magistrate has the discretion:
- not to make a Remand Order, and release you; or
- make a Remand Order for a period shorter than that asked for by the Police.
The Magistrate has the power to make a Remand Order of not more than 4 days or 7 days depending on the offence being investigated. The Police may return at the expiration of this time period and apply for a 2nd Remand Order. The Magistrate may make a 2nd Remand Order of not more than 3 days or 7 days depending on the offence being investigated.
6.4 What to say when you are brought before a Magistrate for remand
Tell the Magistrate:
- you want legal representation and to contact your lawyer, the LAC and your family;
- you want medical treatment because you are sick or have been beaten;
- if the Police threatened or beaten you during detention;
- if you had been denied proper food/water/clothing, access to the toilet or necessary medical attention during your detention;
- whether you had been detained previously, immediately before your current detention;
- whether the Police carried out any investigations during your detention.
6.5 Ask for a shorter Remand Order from the Magistrate
Before the Magistrate makes the Remand Order, ask for a shorter period than what the Police asked. Give reasons (examples: “I will co-operate with the Police in their investigation”, “I will be available and will not run away” etc).
7. BODY SEARCH WITHOUT ARREST
7.1 When Police can do so
If you are at a place (example: disco/karaoke/entertainment outlet) where the Police are conducting a raid to look for something there (example: drugs), the Police may detain and search you if they think you have or are hiding the thing being searched for.
This may only be done in the presence of a Police Officer ranked Inspector and above.
7.2 What to do
- Do not allow the Police officer to put his hands into your clothes or pockets.
- If you are asked to take out your belongings one by one, each time, say “purse”, “keys”, “ID card” etc.
- When your pockets/bags are empty, turn them inside out.
7.3 Your rights
- All body searches must be carried out in a professional manner and with decency.
- A female can only be body searched by a female Police Officer.
- If you are forced to strip naked or threatened with a strip search:
- Protest;
- Remember the Police Officer’s name; and
- Lodge a police report after the incident.
8. BODY SEARCH UPON ARREST
8.1 When Police can do so
- The Police reasonably suspect that you have evidence relating to a suspected offence.
- You are arrested.
- The body search must be conducted in a confined place. It is your right to be bodily searched in private.
8.2 Type of Body search
The law allows the Police to conduct 4 types of body search:
- Pat down” search – act of searching outer clothing.
- Strip search – to search for concealed evidence, object, contraband or weapon. May only be conducted with the authorisation of an officer ranked Inspector and above.
- Intimate search – to search beyond the mouth, nose and ears. May only be conducted with the authorisation of an officer ranked Assistant Superintendent (ASP) and above.
- Intrusive search – to determine the existence of objects etc. in the body. May only be conducted with the authorisation of the Officer in Charge of the Police District (OCPD). Must be conducted by a Government Medical Officer or Medical Officer.
8.3 Your rights
- All body searches must be carried out in a professional manner and with decency.
- It is advisable to request that you be accompanied by your lawyer for the search.
- A female can only be body searched by a female Police Officer.
9. QUESTIONING BY POLICE AFTER ARREST
9.1 Identity of the Police Officer questioning you
Note the name/rank of the Police Officer questioning you.
9.2 Right to remain silent
The Police Officer will first make friendly conversation/talk (example: ask you about your family and friends etc). You are only obliged to give your full name, age, address and occupation (Personal Particulars). Other than giving your Personal Particulars, you have the right to remain silent. Be polite. Do not be afraid to remain silent. This is your right. If you choose to remain silent, say: “I would like to exercise my right to silence”.
9.3 112 Statement by you during investigation
The Police Officer will ask you questions and then write down your answers. The Police cannot threaten or force you into making a Statement. If you have been threatened, beaten or forced, lodge a police report against the Police Officer at the first opportunity. This is your right.
9.4 112 Statement is not to be used as evidence
Generally, any Statement you make to the Police during investigations cannot be used as evidence except if you are being charged for offences under, for example, the Dangerous Drugs Act, the Kidnapping Act and the Internal Security Act. However, you may use the Statement to support your defence during your trial.
LEGAL AID CENTRES (LAC)
- Kuala Lumpur : 03-2691 3005 / 03-2693 2072
- Selangor : 03-5510 7007 / 03-3281 2428
- Negeri Sembilan : 06-6013 844
- Melaka : 06-2845 519 / 06-2864 514
- Johor : 07-2235 698
- Perak : 05-2550 523
- Kedah & Perlis : 04-7333 467
- Kelantan : 04-7448 660
- Pahang : 09-5159 244 / 09-2969 410
- Pulau Pinang : 04-2617 451/ 04-3108 451
Stop Making Racist Comments
Look at The Man In The Mirror
“We are the ones we’ve been waiting for.
We are the change that we seek… Yes We Can.” – Obama
Comments you make and the way you respond to others on a daily basis who are different from you impacts the type of world you live in. While racism is considered politically incorrect in public, people still make racist comments when they’re with close friends or in private.
How to Stop Making Racist Comments
Step 1 : Consider how hurtful it is when someone makes a mean or rude comment about you. The same way those comments make you feel angry, hurt or embarrassed is the same way your racist comments make someone of that race feel.
Step 2 : Think before you speak. Take two to five seconds to consider how someone might take your words offensively before you say something. This brief pause can give you the time to word your thoughts in a considerate way. This can be the difference between saying a racist comment and opening a positive dialog between different races.
Step 3 : Choose good friends. The old saying, “birds of a feather flock together,” is quite true. If all of your friends are constantly making racist comments, this will influence your thoughts and behavior. Try talking to your friends about why it’s harmful to make racist comments, but, if they continue, it may be time to find different friends.
Register to Vote @ any POST OFFICE today
Step 4 : Get some history books and read about the long-term consequences of racism. Hatred and discrimination against people simply due to the color of their skin or their ethnic origin has been the cause of great poverty, wars and even death. Whether one is the oppressor or the oppressed, there are grave consequences that both sides eventually have to deal with because of the hatred.
Step 5 : Stop stereotyping people based on their race. Every person is an individual and does not fit into one category simply because their skin looks the same. If someone of your race committed a murder, you wouldn’t want to be convicted of their crime simply because their skin matched yours. When you stereotype based on race it’s just like convicting someone of a crime they didn’t commit.
Step 6 : Know that all races–Hispanic, African-American, Asian or Caucasian have good and bad people. Every race has people who have suffered due to racism and every race has people who are racist. There is no superior race and all people are created equal. Base your judgments of others on their character and behavior, not their race.
Step 7 : Learn about other cultures. Often, it is ignorance of other cultures or a person’s upbringing that causes him to make racist comments. Once you begin to realize that everyone is an individual and should not be defined by their race, you will learn to appreciate these differences. As you start to look at people of other races as someone’s mother, father or sister who struggles, cries and has dreams just like you, you might even find a new best friend of a different race.
- eHow.com
Black or White. “My children will one day live in a nation where
they will not be judged by the color of their skin but by the
content of their character.” – Martin Luther King Jr
Saya Anak Bangsa Malaysia Launched!
It was one heavenly Up Close and Personal and memorable Malaysia Day celebration EVER with all the wonderful Saya Anak Bangsa Malaysia advocates and supporters. This is where we felt truly One People One Nation.
Instead of reinventing the wheel, read all about the historic event here:
- The People’s Parliament: The Saya Anak Bangsa Malaysia sampan sets out to sea
- Anil Netto: ‘Anak Bangsa Malaysia’ initiative launched
- I Am Eve: Saya Anak Bangsa Malaysia 推介礼， 任务成功！！！！
- The Nut Graph: Citizens take charge
- Malay Mail: Building a Nation of United People
- The Star: Anak Bangsa Malaysia aspires to unite Malaysians of all races
- The Nocturnal Mind: One Peope, One Nation…One Soul?
View: SABM Launch Presentation [ PDF format ] | View Photo Album
Stay tuned and watch this space: Saya Anak Bangsa Malaysia.
New Nationalism: Freedom with Empowering Peace
We the undersigned civil society organizations believe that Malaysia must renew our national independence after Malaya, Sabah and Sarawak were brought together to become a new nation 46 years ago.
Following a series of saddening and outraging developments since the last Malaysia Day, we feel strongly the need for a new discourse of nationalism that denounces political violence and pursues empowering peace.
Diversity and dissent are signs of real independence.
We fully appreciate the complexity of Malaysia in ethnic, religious, linguistic, cultural, regional, socio-economical, gender, lifestyle and physical terms. We therefore do not pretend that there is a single Malaysia that would meet the expectation and aspiration of every Malaysian. We are proud with our own vision for the nation and at the same time respect those of others.
We see the differences in preferences and opinion of how this country should move forward as both inevitable and desirable – inevitable because we are free to choose; and desirable because we have plenty alternatives to consider. Diversity and dissent in public opinion are beautiful signs of real independence.
We believe, however, every Malaysian, politician and voter alike, must sign up to one common position: the elimination of political violence.
Political violence threatens our independence
Political violence refers to actions that aim to achieve certain political goals by causing harm to others or subduing them with violence. This must not be confused with legitimate exercise of freedom of speech, assembly and association where violence is not preached, threatened and executed.
More than violation of peace, political violence is exploitation of the physically weak and outnumbered. It deprives the victims of political violence their right to participate in public affairs and prevents the emergence of an inclusive outcome through the use of reason.
In fact, political violence is at the core of colonialism as it was the very means how colonial rule was imposed on us. National liberation is in this sense meaningful only when all citizens are free from further colonization of violence and may exercise freedom and reason in running their public life.
Four principles of Empowering Peace
In this regard, peace associated with fear that inhibits us from full participation in public affairs is but pseudo peace.
True peace must be empowering and inclusive to allow all Malaysians to contribute to and enjoy the national life. True peace requires rule of law and protection of human rights. It is therefore political, but in no way partisan.
We call upon every Malaysian citizen and organization, especially the politicians and political parties, to sign up to the following principles:
1. Zero tolerance for violence as a political means
Civilized life requires restrain and self-control. Conflicts should be solved through dialogues, deliberation, debates or litigation. There must be zero tolerance for the use, threat or incitement of violence as a political means, regardless of circumstances or subject matters.
In this sense, the perpetrators of the cow-head protest should be charged for incitement of violence, not sedition or illegal assembly. The thugs who threatened to rape Rodziah Ismail and to murder Khalid Samad, the elected representatives in Shah Alam, must be investigated and prosecuted for criminal intimidation. The threat of sexual violence, a common trait in many communal conflicts, is especially alarming and absolutely intolerable.
2. Fighting Hatred with Reason
Hatred exists in every society and can only be effectively eliminated by reason, not law. Given a vibrant public sphere, the flaws of hate speeches can be exposed and the perpetrators shamed. Legal suppression only weakens the society’s resistance to hatred by removing the need for intellectual rigour and moral courage to confront bigotry.
The latest harassment of Malaysiakini by the Malaysian Communication and Multimedia Commission (MCMC) for featuring video-clips of the cow-head protest and the Home Minister’s press conference justifying the act is not only violating freedom of expression, but also protecting violence from public shaming.
3. The State’s Duty to Protect Political Participation
The state which monopolizes the legitimate use of violence should exist only to protect citizens from private violence, not to inflict more violence than necessary. The state’s coercive power therefore must never be used against peaceful political activities. Instead, the state has the duty to protect political participation.
Instead of arbitrarily arresting over 160 1BLACKMalaysia protesters, lawyers on duty, 589 Anti-ISA protestors and bystanders, the anti-PPSMI, Kampung Buah Pala and Hindraf protesters, and using unnecessary violence, the police should have only controlled traffic and maintained order. After all, the validity of the protesters’ causes should be judged by the citizen, not the police or the Executive.
4. Upholding Elected Government
The threat of political violence is greatest when political elites resort to means other than elections to attain power. Democracy is the only guarantee for political stability and peace. Politicians and political parties must therefore do their best to win elections honestly, not usurping power after elections. Otherwise, democratic breakdown may lead to coups or revolutions.
The Perak coup has seen an elected government being overthrown by a host of unelected institutions including but not limited to the Malaysian Anti-Corruption Commission (MACC), the Election Commission (EC), the Judiciary, the bureaucracy and the police. The partisan investigation of MACC in Selangor amidst the Barisan Nasional’s express wish to takeover the state had led to the death of Teoh Beng Hock, the first of a state official in the custody of a federal agency. If there is no firmed commitment from both sides of the political divide to democracy, the next election may see the military being the next unelected institution dragged into political struggle.
On the auspicious birthday of Malaysia, which should have been made a national holiday 46 years ago, let us all vow to make empowering peace the basis of public life of our nation so that all of us may enjoy real freedom.
The signatories:
1. 1BLACKMalaysia Facebook Page and Group
2. Aliran Kesedaran Negara (Aliran)
3. All Women’s Action Society Malaysia (AWAM)
4. Amnesty International Malaysia
5. Centre for Independent Journalism (CIJ)
6. Centre for Policy Initiatives (CPI)
7. Centre for Public Policy Studies (CPPS)
8. Civil Rights Committee, Kuala Lumpur and Selangor Chinese Assembly Hall (CRC-KLSCAH)
9. Civil Society Committee, LLG Cultural Development Centre (LLG-CSC)
10. Civil Society Initiative for Parliamentary Reform (CSI@Parliament)
11. Council of Churches of Malaysia Youth Network
12. Durham Malaysian Scholars
13. Gabungan Bertindak Mahasiswa Utara(GBMU)
14. Group of Concerned Citizens (GCC)
15. Institut Kajian Dasar (IKD)
16. Institute for Development of Alternative Living (IDEAL), Sibu
17. Islamic Renaissance Front (IRF)
18. Jaringan Orang Asal Semalaysia (JOAS)
19. Jawatankuasa Penduduk Zon 23 MPSJ
20. Justice for Beng Hock Facebook Page and Group
21. Kuala Lumpur and Selangor Chinese Assembly Hall Youth Section (KLSCAH-YS)
22. Kumpulan Aktivis Mahasiswa Independen (KAMI)
23. Malaysia Youth and Student Democratic Movement (DEMA)
24. Malaysian AIDS Council
25. Malaysian Indian Development Association
26. Middle Eastern Graduate Centre (Magc)
27. Monitoring Sustainability of Globalisation (MSN)
28. Muslim Professionals Forum (MPF)
29. National Institute for Electoral Integrity (NIEI)
30. Oriental Hearts and Mind Study Institute (OHMSI)
31. Pahlawan Volunteers
32. Partners of Community Organisations, Sabah (PACOS)
33. Penang Du Zhong Education Society
34. Penggerak Belia Zon 23 MPSJ
35. Persatuan Alumni PBTUSM Selangor
36. Persatuan Kesedaran Komuniti Selangor (Empower)
37. Persatuan Meditasi Projan KL & Selangor
38. Persatuan Penduduk Taman Muhibbah Seri Kembangan
39. Research for Social Advancement (REFSA)
40. Sarawak Central Region Friendship Association
41. Semparuthi Iyakkam
42. Sisters in Islam (SIS)
43. Suara Rakyat Malaysia (Suaram)
44. Tenaganita
45. The Micah Mandate (TMM)
46. The People’s Parliament
47. TONIBUNG (Friends for Village Development), Sabah
48. Women’s Aid Organisation (WAO)
49. Women’s Candidacy Initiative (WCI)
50. Writer Alliance for Media Independence (WAMI)
51. Awal Nahdah Resources
Happy Malaysia Day!
One People One Nation
Pre-Fast Meal together on Malaysia Day, 16 September 2009. More than 60 Anak Bangsa Malaysia turned up. It was a JOY meeting old friends and an event to remember.
View Photo Album | Watch Videos
Stories
Fast and Pray for Malaysia
It’s time we made room for peace. Lets pray and fast for our nation. Together as MALAYSIANS, One People One Nation.
Fast for the Nation, Peace for Malaysia 2009
Date: Wednesday, September 16, 2009
Time: 5:20am – 7:25pm
Location: Wherever You Are
RSVP @ Facebook | Sign the Petition
Lets say this PEACE PRAYER together
by St Francis of Assisi on Malaysia Day…
God, make me an instrument of your peace.
Where there is hatred, let me sow love;
Where there is injury, pardon;
Where there is doubt, faith;
Where there is despair, hope;
Where there is darkness, light;
Where there is sadness, joy;
O, divine Master, grant that
I may not so much seek
to be consoled as to console,
to be understood as to understand,
to be loved as to love.
For it is in giving that we receive,
It is in pardoning that we are pardoned,
and it is in dying that we are born to eternal life.
Amen.
- Read short story Which Wolf Will Win?
- Listen to the song Peace Prayer by by Sarah McLachlan
RSVP, click on image
In a related event, ALL are warmly welcomed, together with your family and friends….
Launch of Saya Anak Bangsa Malaysia
Date: Wednesday, 16th September, 2009
Venue: Rumah Anak Bangsa Malaysia
66, Lorong Setiabistari 1
Bukit Damansara, 50490 Kuala Lumpur
Programme:
6.00 pm – Registration
6.30 pm – Welcome Remarks & SABM Presentation
6.45 pm – Media Conference
7.30 pm – Majlis Berbuka Puasa, Fellowship and Entertainment
Why September 16? On that day 46 years ago, a new nation, Malaysia, came into being, comprising Peninsular Malaysia, Sabah, Sarawak and Singapore. Singapore today treads a different path but Peninsular Malaysia, Sabah and Sarawak continue to share a common destiny.
Let us make time to come together on September 16 at Rumah Anak Bangsa Malaysia to take ownership of Malaysia Day. As we are all aware, “Negara Kita, Tanggungjawab Kita”. Lets take it to the next level positively and constructively together. Everyone can participate in their own special to heal our land. May we move forward together as One People, One Nation. From conviction to action.
SEE YOU AT THE LAUNCH. Please RSVP by Monday, 14 September with the number you are bringing and the names of your family members and guests. And to confirm that you are REALLY attending, please email Pat Lu with contact numbers and guest list at pahlawan.volunteers@gmail.com
With love by Pahlawan Volunteers
“Negara Kita, Tanggungjawab Kita” – From Conviction to Action
– JOIN Pahlawan Volunteers @ Facebook
– JOIN the Cause: Saya Anak Bangsa Malaysia
Race? What’s that?
An eloquent statement of our common humanity by Tunku Abdul Rahman’s great granddaughter…
Sharyn Lisa Shufiyan, 24
Conservationist
“Both my parents are Malay. My mum’s heritage includes Chinese, Thai and Arab, while my dad is Minangkabau. Due to my skin colour, I am often mistaken for a Chinese.
“I’m happy that I don’t have the typical Malay look but I do get annoyed when people call me Ah Moi or ask me straight up: “Are you Chinese or Malay?”
“Like, why does it matter? Before I used to answer ‘Malay’, but now I’m trying to consciously answer ‘Malaysian’ instead.
“There’s this incident from primary school that I remember till today. Someone told me that I will be called last during Judgement Day because I don’t have a Muslim name. Of course, I was scared then but now that I’m older, I realise that a name is just a name. It doesn’t define you as a good or bad person and there is definitely no such thing as a ‘Muslim’ name. You can be named Rashid and still be a Christian.
“I’ve heard of the 1Malaysia concept, but I think we don’t need to be told to be united. We’ve come such a long way that it should already be embedded in our hearts and minds that we are united. Unfortunately, you can still see racial discrimination and polarisation. There is still this ethno-centric view that the Malays are the dominant group and their rights must be protected, and non-Malays are forever the outsiders.
“For the concept to succeed, I think the Government should stop with the race politics. It’s tiring, really. We grew up with application forms asking us to tick our race. We should stop painting a negative image of the other races, stop thinking about ‘us’ and ‘them’ and focus on ‘we’, ‘our’ and ‘Malaysians’.
“No one should be made uncomfortable in their own home. A dear Chinese friend of mine said to me once: ‘I don’t feel patriotic because I am not made to feel like Malaysia is my home, and I don’t feel an affinity to China because I have never lived there’.
“I know some Baba Nyonya friends who can trace their lineage back hundreds of years. I’m a fourth generation Malaysian. If I am bumiputra, why can’t they be, too? Clearly I have issues with the term.
“I think the main reason why we still can’t achieve total unity is because of this ‘Malay Rights’ concept. I’d rather ‘Malay Rights’ be replaced by human rights. So unless we get rid of this bumiputra status, or reform our views and policies on rights, we will never achieve unity.
“For my Merdeka wish, I’d like for Malaysians to have more voice, to be respected and heard. I wish that the Government would uphold the true essence of parliamentary democracy. I wish for the people to no longer fear and discriminate against each other, to see that we are one and the same.
“I wish that Malaysia would truly live up to the tourism spin of ‘Malaysia Truly Asia’.
More at http://thestar.com.my/lifestyle/story.asp?file=/2009/8/29/lifefocus/4522906&sec=lifefocus
____________________________________________________
We have a long way to go with the current set of politicians and civil servants that we have today; but I felt a strong sense of hope and optimism for the future reading the thoughts of young Malaysians such as Sharyn’s based on universal truths and values. It’s people like Sharyn Lisa Shufiyan that I’d like to see lead the nation one day.
Happy Malaysia Day.
► Fast for the Nation, Peace for Malaysia 2009
In conjunction with Malaysia Day
Date: Wednesday, September 16, 2009
Time: 5:20am – 7:25pm
Location: Wherever You Are
– RSVP, http://www.facebook.com/event.php?eid=143844823232
– More details, visit http://www.facebook.com/topic.php?uid=33559455073&topic=12140
One Rule for All Malaysians
THERE MUST BE ONE RULE FOR ALL MALAYSIANS
Media Release of MCCBCHST
MCCBCHST (Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism & Taoism) notes with deep concern that the cowhead incident in Shah Alam is not an isolated case. Another recent example of this kind of insensitivity was when the Holy Eucharist was desecrated when certain persons went to a church, took the consecrated bread and spewed it out.
Such irreverent and sacrilegious conduct should not be condoned and allowed to be repeated with impunity. In seating the organisers of the recent demonstration in Shah Alam to his right and left during his press conference, the home affairs minister seemed to have bestowed honour to the perpetrators of a gravely offensive and dangerous event whereby seditious speeches accompanied by the stepping on the severed head of the cow were made. What signals would this send to the people?
Not surprisingly, therefore, the same disrespectful, unruly and unwilling to listen behaviour on the part of some rendered the town hall meeting between the Menteri Besar and Section 23 residents to discuss the issue on September 5 2009 unmanageable and unproductive.
The same rules must apply to all.
MCCBCHST is concerned that wheareas in the August 28 2009 Shah Alam incident the police had stood by while the demonstrators desecrated the cow head and made seditious speeches, the police acted strongly against would-be candlelight vigilers in the vicinity of Dataran Merdeka on September 5 2009. Also, Malaysiakini has now been warned by MCMC (Malaysian Communications and Multimedia Commission) not to make the video showing the terrible acts in the Shah Alam incident available for viewing to their readers.
Thinking Malaysians will rightly raise the question: Which comes first- the act or the video which exposes the act? How do we as a country go about resolving our problems? In this case, stopping the video of the act will not unmake the act. We must surely first prevent the act and the video would not have existed.
For the sake and good of all Malaysians and peace and order in Malaysia, consistent, fair, just and rational measures should be applied regardless of religion, ethnicity, culture, gender or political connection.
There must be one rule for all Malaysians.
All who incite ill feelings amongst religious communities, denigrate any religion, desecrate the religious symbols of any religion or threaten to commit violence against others must be promptly deterred and held accountable. They must face charges and given a fair trial in a court of law.
Sacrilegious acts committed by adherents of any one religion upon another religion must never be condoned. We hold to the principle that all human beings and communities have a sacred right of freedom of choice as far as their religious belief and practice is concerned.
We stand with Malaysians of all religious and political persuasions who were outraged by the flagrant disregard for the sensitivities of others shown by the Shah Alam demonstrators.
We welcome the partnership of all Malaysians of goodwill. Together we can weather the mischief and bigotry of those who seek to drive a wedge between us and divide rather than unite the people of this land.
We Malaysians live in a pluralistic society and accordingly we must respect our neighbours and endeavour to learn about their beliefs, customs and sentiments. It is upon such understanding of others and what is dear to them that our nation can be firmly rooted and grow strong and united.
The way to manage our differences is not by creating enclaves whereby Malaysians will be segregated and separated from one another but through understanding and respect. Let us live together next to one another rather than to live apart. Each succeeding generation of Malaysians should grow closer rather than to be pulled apart.
The site chosen in Section 23 of Shah Alam for the Hindu temple to be relocated to complies with local government conditions. It is over 300 meters away from any housing area, six times more than the 50-meter requirement. If the authorities accept the objection to it by certain quarters, the social dynamics of Malaysian life will be affected and the consequence on national integration will be very serious indeed.
We must not subscribe to the view of thinking about Malaysians as majorities and minorities, and majorities versus minorities.
MCCBCHST therefore calls upon all Malaysians of goodwill to be in earnest prayer for the peaceful and just resolution of the issue. Those in authority at the community, religious and governmental level must be firm to unequivocally reject unreasonable, unfair and anti-social behaviour and demand.
Rev. Dr Thomas Philips, MCCBCHST President
What the People Say:
Malaysia, Stop Whipping and End Corporal Punishment for All Offences
UPDATE – 24 August 2009
Kartika Spared Caning for Drinking Beer
Kartika’s case raised questions about Malaysia’s modernity worldwide.
- REUTERS: Malaysia frees woman sentenced to caning
- BBC NEWS: Malaysia beer woman spared caning
- More International News on Kartika
———————————————————-
URGENT APPEAL TO ALL MALAYSIANS – URGENT ACTION NEEDED:
MALAYSIA, STOP WHIPPING AND END CORPORAL PUNISHMENT FOR ALL OFFENCES
Kartika Sari Dewi Shukarno with her son (right) Muhammad Azfar, 7, and daughter Wann Kaitlynn Sari Dewi, 5, at her father's house in Sg Siput. — Reuters pic
On the 20 July 2009, the Syariah High Court in the Malaysian state of Pahang sentenced Kartika Sari Dewi Shukarno, 32, to six strokes of the cane and fined her RM5,000 (approximately US$ 1,400) after she pleaded guilty to consuming beer two years ago at a hotel in Pahang. On 18 August 2009 the same Shariah Court ordered that Kartika Sari Dewi Shukarno be remanded at the Kajang women’s prison in the state of Selangor from Monday, 24 August 2009 and caned within seven days of this date.
To our knowledge, no person in Malaysia, male or female, has thus far been caned under the country’s Shariah laws, making her the first to be punished in this way. Furthermore Kartika will be the first woman to be caned in Malaysia as under the existing Malaysian Criminal Procedure Code, only males are subjected to caning for a range of crimes. Women’s Groups urges the government of Malaysia to review caning as a form of judicial punishment under the Common and Syariah legal systems. In the case of Kartika, it constitutes further discrimination against Muslim women in Malaysia and violates Constitutional guarantees of equality and non-discrimination as whipping of women under Shariah Criminal Offences legislation contradicts civil law where women are not punishable by caning under Section 289 of the Criminal Procedure Code.
There is no consensus among Muslim scholars on the range of crimes for which whipping is prescribed, nor on whether women should be whipped. Nor is whipping for consuming alcohol considered proportionate to the gravity of the offence. Sisters In Islam, a member of JAG in their press statement on 23 July 2009 have said:
“SIS believes that Islam as a religion of compassion calls people to the way of God with wisdom, as expressed in Surah An-Nahl,16:125 , “Invite all to the way of the Lord with wisdom and beautiful preaching, and reason with them in the ways that are best and most gracious.”
“The goal of Islamic authorities is to prevent crime in the first place, not to inflict severe punishment as a first resort. Promoting and protecting the human rights of the ummah, ensuring socio-economic justice, educating the ummah about God’s teachings and laws in order that they become responsible for abiding by them out of faith are prerequisites before any punishment can be implemented. That Kartika has expressed remorse should move the Malauysian authorities to emulate God’s attributes of compassion (rahmah) and mercy (rahim), especially within the holy month of Ramadhan”.
In conclusion, the women’s groups below reiterate that corporal punishment whether for men or women violates human rights principles, in particular the right to be free from cruel, inhumane, degrading treatment or punishment.
The Malaysian government should immediately revoke the sentence to cane Kartika and abolish the practice of corporal punishment.
Signed by:
1. Women’s Aid Organisation (WAO)
P.O. Box 493 Jalan Sultan, 46760 Petaling Jaya, Selangor, Malaysia.
Tel: +60 3 7957 5636 / 0636 Fax: +60 3 7956 3237
Email: wao@po.jaring.my
2. Persatuan Kesedaran Komuniti Selangor (PKKS)
13 Lorong 4/48E, 46050 Petaling Jaya, Selangor, Malaysia.
Tel: +60 3 77844 9777 Fax: +60 3 7784 4978
Email: empower05@gmail.com
3. Sisters in Islam (SIS)
7 Jalan 6/10, Petaling Jaya, 46000 Selangor, Malaysia.
Tel: +60 3 7785 6121 Fax: +60 3 7785 8737
Email: sisters@sistersinislam.org.my
4. All Women’s Action Society
85 Jalan 21/1, Sea Park, 46300 Petaling Jaya, Selangor, Malaysia.
Tel: +60 3 7877 4221 Email : awam@awam.org.my
———————————————————-
Please send your letters of protest, appeals and interventions to the government of Malaysia to revoke the sentence on Kartika Sari Dewi Shukarno and abolish corporal punishment to:
1. Dato’ Sri Mohd Najib bin Tun Abdul Razak,
Prime Minister of Malaysia,
Prime Minister’s Office,
Main Block, Perdana Putra Building,
Federal Government Administrative Centre,
62502 Putrajaya, Malaysia
Fax: +60 3 8888 3444
E-Mail: ppm@pmo.gov.my
2. Tan Sri Abdul Gani Patail
Attorney-General of Malaysia
Attorney General’s Chambers of Malaysia
No. 45, Persiaran Perdana, Presint 4,
62100 Putrajaya, Malaysia
Tel : +60 3 8872 2000, Fax : +60 3 8890 5670
E-Mail: ag@agc.gov.my
3. Y.B. Senator Dato’ Sri Shahrizat Abdul Jalil
Minister of Women, Family and Community Development
Ministry of Women, Family and Community Development
Aras 1-6, Blok E, Kompleks Pejabat Kerajaan Bukit Perdana,
Jalan Dato’ Onn, 50515 Kuala Lumpur, Malaysia
Tel: +60 3 2693 0095 Fax: +60 3 2693 8564
E-Mail: shahrizat@kpwkm.gov.my
4. Inspector-General of Police
Tan Sri Dato’ Seri Musa Bin Dato’ Hj. Hassan
Ibu Pejabat Polis Diraja Malaysia,
50560 Bukit Aman,
Kuala Lumpur, Malaysia.
Tel: +60 3 2262 6222 Fax: +60 3 2070 7500
Email: musa@rmp.gov.my
———————————————————-
We are writing to you to express our concern that a Malaysian citizen Kartika Sari Dewi Shukarno has been sentenced by the Syariah High Court in the Malaysian state of Pahang to receive six (6) strokes of caning for consuming alcohol.
We urge the Malaysian government to revoke this sentence. Executing this sentence will amount to the torture of an individual by the state and contradicts Malaysia’s international commitments to uphold human rights principles.
We further urge the Malaysian government to review existing provisions in the State and Federal laws so as to abolish corporal punishment.
We urge the Government of Malaysia to continue to uphold human rights as guaranteed in the Universal Declaration of Human Rights as well as the Federal Constitution of Malaysia.
Sincerely,
[Name]
———————————————————-
Also Read:
A (H1N1): We Don’t Want to be Reduced to Mere Statistics!
This is a time Malaysians want to see our politicians and government leaders stop politicking and power-grabbing; but becoming bi-partisan to deal with a national crisis. If a national viral crisis cannot shake the leadership up; we can only wait for the tragic record where Malaysia Boleh will score another first in the world H1N1 statistics.
By Foong Wai Fong, Co-Founder, Pahlawan Volunteers
Click on image to read Chinese Version on Malaysiakini.
The alarm on the AH1N1 flu pandemic is escalating. Worldwide, governments are on high alert. The latest issue of Time magazine asks the question on its cover, “H1N1: How Bad Will It Get?” The answer: “more than 2 billion worldwide will get it. Thousands of schools may shut down. And millions will need to be vaccinated – twice.”
It is also noted that the capacity of the world’s Pharma companies can only produce 800 million vaccines in a year; and there are 6 billion people in the world. We can imagine the consequences when the epidemic rages to its peak. Besides, the vaccines are only available in October this year; and by the time the effect kicks in, it would be Christmas time!
What is going to happen in between? How many more people are going to fall victim to this global flu pandemic? Do we all want to be reduced to a mere statistics in the global pandemic history? Can you do something? What should we tell our governments?
It does look like we cannot rely on scientific or external too much. The only way to protect ourselves is to count on our own body; everyone needs to be resilient. We need to work on the surveillance system in our own community, our children’s schools and the neighborhood hospitals and clinics. How do we do that?
What do we know?
Rule No 1: Take no chances, adopt a serious attitude towards the control of H1N1.
One very important response is for everyone to take this matter seriously. When the Spanish flu took 100 million lives in 1918, it too started very mildly and people don’t quite care. Today, two particular communities that are taking the matter with high alert is Hong Kong and China. One of the reasons for their serious response is the tragic SARS experience, which had shaken communities to their core in these two countries.
As a result of the SARS tragedy, it has made both citizen and government dead serious in their response to an impending epidemic. To date, no deaths have been reported in China and Hong Kong, a sign of the effectiveness of their response measures.
Rule No 2: Boost your immune system; make sure you stay healthy.
We must begin with what we know. AH1N1 is an entirely new virus; but it still works the way past flu has – by invading the body cell by cell. We are counting on our own immune system to respond in time to fight the virus.
The other fearful thing about the virus is it can mutate; the challenge is whether new vaccines and treatments can catch up with its rate of mutation; and whether our bodies have strong enough immune systems to boost its defense against the disease.
Rule No 3: Good hygiene and stay away if you are sick.
Yes, the good news about AH1N1, as we know it today is it is not a severe disease for those who are healthy. The groups most vulnerable are those with respiratory diseases such as asthma, children below 9. (Time Magazine shows 41% of all hospitalized are those below 9 years old, versus the normal flu only 19% of the same age group are hospitalized.)
We also know that pregnant women and older people with various ailments are high risks groups as well. The best news about the disease so far is it is not air borne. It only spreads via contact. Hence good hygiene and quarantine are the best mitigation strategy to containing the spread.
Response Strategy
Since there is only so much we can do to stop the spread; in fact, experts are now saying that in the H1N1 pandemic; it has become local in many regions. The response strategy cannot just be controlling its spread but moving on to mitigation of damaging effects. While all the temperature checks and mandatory quarantine are still essential, time is overdue for us to move to raise the red alert among communities and to strengthen self-mitigation measures.
- Government must demonstrate that it is not taking any chances. There ought to be a special ACTION Council in the health ministry; with links to all the medical and health groups in the country; disseminating information and put the entire health care system in preparedness.First of all, all the nation’s health care workers must be adequately prepared and protected so that we don’ lose any capacity to deal with emergencies.Second, the entire medical community in the country must be mobilized; specialists, doctors, paramedics and all community health care groups including native herbal medical shops be mobilized to help citizens cope with treatment as well as prevention. There should be a website, hotline and a 24 hour surveillance team, that can broadcast the latest information and provide help whenever it is needed.Third, publishing the hot spots is a must; and any rising trends in any area must be broadcast immediately. If one does not exist now; the Health Ministry should waste no time in setting it up. We would like to see the health minister canceling all his other political engagements to focus on getting this national surveillance and emergency-response system set up immediately.
- Raising citizen awareness is key to coping with the disease. The death toll today shows that something more needs to be done as soon as possible. It is noted that the disease is not that serious for those who are healthy. So the key here is to make people healthier; and to do that; we begin with diet and exercise.Malaysians ought to examine its diet carefully; avoid greasy and deep fried stuffs; drink lots of liquid and detox, either exercise or have a constant input of detox tonics such as Chinese medicinal herbal drinks.Those families who have the habit of preparing “balanced” meals know the theory of “nurturing life,” getting the body in balance so that your immune system can be strengthened to cope with viral attacks.
- Good ventilation and high quality air. Enclosed structures with air conditioning ought to check their air circulation system. Don’t make the air conditioning system the medium of transmission of the virus. Good ventilation at home and at work is key to promoting stronger respiratory immunity.Again the authorities must act on the rampant haze and polluted environment. There is so much the people can do; it is critical that the enforcement departments get to work to tackle the root of the problem. The Ministry of Housing and Local Government and all the State Governments must be mobilized.
- Spread the response capacity as wide as possible. Mobilize all grassroots organizations to have the capacity to respond. For example, the decision to close the schools, offices or buildings must be left to their immediate heads.In the case of schools; the headmaster, sensing the seriousness of the flu situation among students can recommend closure; and so long as the PTA and the Board endorse it; they should be allowed to close immediately. The school need not wait for any confirmed H1N1 case, if the incidence of flu is high enough, the school should take precaution to keep the children home; while coming up with new ways of occupying the children.The worry here is if higher government authorities are involved; they are usually terribly slow and bureaucratic to be effective in dealing with a crisis. Many unnecessary victims die from inaction or delayed action, not from the lack of cure. The government has to come down from the high cathedral of power; and descend to the grass root to work with community groups.
- Don’t panic. Many people who are “worried well” may jam the health system and deprived the “seriously ill” timely treatment opportunities. To disperse the crowd, any clinic in the neighborhood should be equipped to deal with treatment, and no one has to wait in the queue of hundreds at government hospitals. Imagine, mixing the healthy with the infected; the sum total would be more infected cases! We should equip everyone with the knowledge to deal with the problem in order not to stress out the already ill-prepared health care system.
- Good hygiene and neighborhood cleanliness is key. This we hope to see all the Members of Parliament and State Assemblymen and women leading their communities to strive towards better hygiene habits. In Malaysia, don’t forget we are not just fighting the H1N1; we also have to deal with the increasing fatal cases of dengue fever – all these have something to do with the declining standard of hygiene in our neighborhoods. Local leaders ought to mobilize community groups to initiate clean up operations as well as to promote good hygiene education. MPs and ADUNS, time to come out to do your real job.
This is a time Malaysians want to see our politicians and government leaders stop politicking and power-grabbing; but becoming bi-partisan to deal with a national crisis. If a national viral crisis cannot shake the leadership up; we can only wait for the tragic record where Malaysia Boleh will score another first in the world H1N1 statistics. Politicians must also remember they and their families are not spared in this crisis as well; the sooner they buck up the better the chances of their survival. Besides, what is that to fight or gripe if your valuable life is threatened!
Many of us are also realistic about systemic inertia of bureaucracy and know that we can only pray for the best. In the meantime, if none of us want to become a statistics in the global pandemic; we must rise to act; be responsible personally, reach out to the community to promote the mitigation response. We must all remember that no one could stay healthy if the community is not.
Learn More
- A(H1N1) Patient Home Care Advice
By Selangor Health Department - My Health Matters
H1N1 updates by Malaysian Medical Association President - Precautions to take against H1N1
- How Mexico licked the flu
- Advisory for Caregivers and Contacts
What should you do if you are a caregiver or a contact? - Advisory for Patients
If you are unwell with Influenza-like illness - Influenza A (H1N1) – Frequently Asked Questions
Some of the most commonly asked questions on Influenza A - CDC H1N1 Flu
