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Conflict & disaster Liberty Society

[2146] Of the state must act against trangression

And so it has come to this. Amid the tension between those who support — or at least do not oppose — and those who oppose the use of the term Allah by the Catholic Church in Malaysia, a church was torched by arsonists, as the initial reports go.[1] I fear that this might not be the worst. In times like this, in the interest of protection of freedom, the rule of law is paramount.

It is in times like this that those who do not understand the rule of law, the limits of a person and the rights of others must face the full consequences of their transgression.

Rightful prosecution to the fullest extent of the law is not only justified, it is a must as to serve an important lesson to all. The snowball must be stopped dead in its track, if it is a snowball. Cautionary principle demands an action, regardless whether a snowball effect is in motion or not. Prudence must prevail in this matter.

The lesson is this: no matter how badly one detests the other, use of force is never an action for the first mover. It is not an option not just because there was no actual threat directed against the perpetrators, but also because physical threat on the perpetrators is not imminent.

One’s freedom is only up to the expression of that detestation and not an inch more. If one uses force to act on that detestation, as with the case with the burning of the church in Kuala Lumpur, then one must be prepared for a proper exaction of compensation by the state on oneself.

The door of legitimate state retaliation against the actual perpetrators of crime has now been opened. This is only on behalf of the victims. It is so as a matter of protection of rights, specifically right to property. And clearly, other rights too, such as right to life, if the transgressive momentum builds up. Attacks like this can easily be a life threatening case.

It is clear that the state cannot fail to carry out its responsibility. If the state fails to carry out this, it may open up the dangerous path of vigilantism.

Pray tell, even if that vigilantism were justified  — in fact, sadly, it is in the case of failure  — enough individuals would realize how far down the spiral would go to refrain from doing so.

Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved

[1] — KUALA LUMPUR (Reuters) – A church in the Malaysian capital of Kuala Lumpur was firebombed early on Friday, gutting the first storey of the building in a residential area, amid a row over the use of the word “Allah” for the Christian God.

“It is confirmed that Desa Melawati church was burnt, at about 12.25 am in the morning. There were no fatalities. We are investigating the incident and suspect foul play,” said Kuala Lumpur Chief Police Officer Mohammad Sabtu Osman.

 

A court ruling last week allowing Catholic newpaper The Herald to use “Allah” for the Christian God has been appealed by the government of the mainly Muslim nation of 28 million people.

The issue has threatened relations between the majority Malay Muslim population and the minority ethnic Chinese and Indian populations who practise a range of religions including Christianity, Hinduism and Buddhism. [Malaysia Court Rules Catholic Paper Can Print ”˜Allah’. Niluksi Koswanage. David Chance. Louise Ireland. Reuters. January 8 2010]

Categories
Conflict & disaster Liberty Politics & government

[2132] Of isolationist, non-interventionist, libertarian foreign policy

I am not particularly warm to Obama due to his economic policy. Shadows of protectionism and greater government intervention lurk somewhere. His foreign policy however is a cause to celebrate. The Obama that spoke in Oslo as he delivered his Nobel Prize speech is the Obama that I like. His speech on the need of war, of just war, and peace, was moving. Not only was it moving, it makes sense and addresses the nonsense of eliminating war as proposed by some in the anti-war movement. He backed up his assertion by acknowledging the existence of evil in the world. And evil must be confronted.

Obama is right when he said that there is no glory in war. The same sentiment can be felt here in Sydney at the ANZAC War Memorial. The memorial is not there to glorify war but rather, to honor sacrifices of men and women. It is not glorious because the human suffering it brings is immeasurable.

Yet, when a war is fought to defend principle of liberty, when tyranny threatens to rob individuals of liberty for any reason, a war in the name of liberty is unavoidable. Peace under tyranny is insufferable and peace under such condition is not one a free person should aspire. Better conditions are attainable. Of course, these better conditions can be attained relatively peacefully but when all routes are exhausted, it is really hard to condemn the use of force.

How true it is when Obama said that a “non-violent movement could not have halted Hitler’s armies.” Negotiation failed. Britain could not pacify Germany under the Nazi by acquiescing to the latter’s occupation of Czechoslovakia. No. Germany wanted more. The only peace Hitler’s sought is a peace incompatible with the idea of freedom. He wanted submission. Thus war was inevitable.

This aligns perfectly to libertarian principle of non-aggression axiom. Force cannot be not used except in self-defense.

Expanding this principle which is meant to cater individuals is however problematic. The easiest is to accept, however flawed such consideration is, a state as a person with rights to some extent. In doing so, it rationalizes the concept of self-defense vis-à-vis the state. That comes with it the idea of state sovereignty, just as individuals are sovereign over themselves.

It is flawed, because it ignores violation of individual rights outside the boundary of the state, where the victims are non-citizens, whereas individual rights, individual liberty require defending, ideally everywhere. The legitimization of use of force only in the name of self-defense in terms of the state necessarily dismisses any call of action for any oppression of liberty in foreign land.

A digression is necessary lest confusion reigns. Such non-aggression axiom for the state does not in any way prevent the state or individuals from criticizing such suppression in foreign land. Rather, the state cannot use force to prevent that oppression.

The logical path to adoption of non-aggression axiom to the state is one of non-interventionist, or even, in a restricted sense, isolationist. It is isolationist because all tyrannic developments in the world outside of the state’s boundary unrelated to the immediate security the state is given a blind eye. The United States did this prior to World War II. While such isolation has its root in the Jeffersonian ideal, which is clearly adversed to entangling alliances, the effect is the same. The same isolationist ideology brought upon the failure of League of Nations. The era of the Great Depression further demonstrated the far-reaching influence of isolation where the devastating Smoot-Hawley Tariff Act was put in place in the name of protectionism although the non-interventionist in libertarian context is only one involving force, not trade. Ron Paul explains this beautifully during his campaign in 2007 as a Republican nominee for the office of the President of the United State of America.

Such isolationist position held by the United States only truly evaporated after it was clear to it that it was very much part of the world, when Japan successfully attacked Pearl Harbor in 1941. The US has since become a global power with interventionist tendency. Perhaps, too much interventionist tendency.

I am aware of the problem of isolation and non-intervention arising from non-axiom theorem much, much acutely. I struggle with it because while tyranny is the great enemy of liberty, fighting tyranny everywhere can be exhausting, especially if one considers economic reality of scarcity. Furthermore, that does not answer the need, from time to time, to react, especially with legitimate force, against atrocity like what happened in Rwanda or Bosnia. Or, maybe, just maybe, even Iraq.

Iraq is a problem to me. I began with opposition to the war and now but I am unsure if my opposition is entirely right. Saddam Hussein was a dictator and he was ruthless one at that. Former United Kingdom Prime Minister Tony Blair in an interview not long ago said that even without weapon of mass destruction, he would have gone to war anyway.

My oppostion to the war was because of the flawed rationale of the war. Iraq did not weapon of mass destruction — never mind the controversy on the term itself — when the accusation was made. The failure of the United States and its allies under the infamous Coalition of the Willing to find those weapon is enough to demonstrate the folly of it all.

Yet, if the rationale — made as the main rationale and not as a side rationale as it was thrown in support of the war — had been against the murderous act of Saddam Hussein’s regime, I would probably, under libertarian condition, have supported the war throughout, realizing full well of its violation to state sovereignty. Call it splitting hair but I take great concern on rationale, even if the result is the same. Though I may resign to the convenience of Mao’s black cat, white cat from time to time, the end does not always justify the mean.

Regardless of the issue of state sovereignty, the economic reality of scarcity does bring this into question. We simply cannot fight tyranny everywhere, every time. Going to war to fight every tyranny is unrealistic because it is expensive in many ways including those beyond monetary consideration. One of this consideration is the disturbance of equilibrium. Fighting tyranny everywhere every time may encourage too much lawlessness that brings instability, even if stability means oppression. This, as it should be noted, a contradiction to the idea that there can be no peace if there is no liberty. This in fact, returns us back to non-interventionist policy while, largely, ignoring tyranny outside of our boundaries. Yet, another contradiction. In my humble opinion, while one seeks to smoothen out contradictions, the least problematic contradiction should be the favored one until a solution is found to take away the contradiction and be supremely consistent logically. As far as those oppression are outside of our boundaries and unrelated to us with us having our liberty secured, non-interventionist maybe the way forward.

Perhaps, when Obama mentioned Germany, he was alluding to Iran. The issue of Iran and nuclear proliferation was raised. Making parallel out of Germany and Iran maybe too much because it is always easy to judge something in hindsight. While the story of Germany has past, the story of Iran has not and there is no certainty that Iran ultimately seeks war. For Germany during World War II, non-aggression axiom was violated. Iran has not crossed that line yet, if it would at all. We should not resign to fatalism.

Again, we simply cannot fight tyranny everywhere, every time. At least, not under current global institutions.

In the setup of a state, fighting and correcting wrongs, although not everywhere and every time, is possible in many places and many times through the setting up of a credible judiciary and arms that enforce rule of law in terms of liberal democracy. Perhaps, if the same rationale for the state is expanded to the global level, the same success of the state can be emulated at the global level.

Obama, rightfully, mentioned this in his speech while he also rightfully said he does not have all the solutions. He spoke of institutions. And he gave the United Nations as an example; not a shining example but a success example to some degree nonetheless. There is a possibility that humankind can face the problem of evil more successfully than any god’s had, and not resort to Dr. Pangloss’ ridiculousness. As some phrase that I heard a while ago goes, the affairs of men are too important to be left in the hands of the gods, anyway.

This is a way circumvents the problem of non-aggression axiom for states and confronts the problem of evil by having a third, supposedly impartial party doing so.

This however is a slippery slope for libertarians — and even others — for such argument opens to the path of global government. That, is a monster much harder to fight against when the government is illiberal. Such monster would turn the global anarchy we are in as an utopia.

It would be alright if the global government is a government based on a liberal constitution protecting typical individual rights of men and women and everything in between but judging the world as it is unfortunately, with merely crass majoritarian democracy and the global government, I am uncertain how long such government’s liberal constitution would last, assuming it would begin with a liberal constitution, given the illiberal setup of a majority of states, if these states should be represented to a global legislative assembly without veto power. The farce of the United Nations Human Rights Council is enough a proof to this concern of mine: how could countries which have utmost contempt for individual rights, be the standard bearer of human rights?

If it exacerbates the problem of evil, then it should be rejected.

Categories
Conflict & disaster Politics & government

[2113] Of be fair to the police with respect to the November 8 shootout

The November 8 in Klang incident when the police shot dead several suspected criminals after a car chase has emboldened a number of individuals, more prominently perhaps a strong accusation from DAP, of summarily killing. While the Inspector General of Police Musa Hassan’s response of you are either with the police or you are with criminals[0] as well as the police force’s whole reputation are hardly convincing at all, for this particular episode, I view the criticism against the police as utterly unfair.

I am extremely skeptical of implicit accusation of racism, as implied by The Malaysian Insider’s report which frames a DAP politician accusation as “waging a war of revenge against the Indian community by ordering the police to kill suspected criminals.”[1] To be fair to P. Sugumaran, the DAP member of Ipoh Barat, he seemed to be making that statement within context of other incidents which the police acted wrongly. Nevertheless, the statement was made with strong reference to the November 8 incident.

This is a delicate subject to tackle. At its heart is a question why certain ethnic groups are perceived to heighten the likelihood of a person being a criminal. It could be either wrongful stereotype or that the statistical distribution actually sided with the unwanted side of conclusion. One has to be very careful for in fight crime and committing racial prejudice. Nevertheless, increasingly, any police action taken against a certain ethnic group is considered an act of racism, regardless whether there is a strong case or not against a particular person.

I am further unimpressed and disappointed by the stress on alleged criminal. The status of the deceased as alleged criminal has been used to justify condemning the police for killing the suspects. Due to that, they argue the police should not have opened fire. This stress fails to take a holistic view of the event.

Indeed, everybody is innocent until proven guilty but these condemnations ignore crucial two things.

First, the suspects opened fire first. They even tried to force the police off the road.[2] If the police’s assertion is true, then one should not expect the police to go meet up with the suspects to ask kindly them to surrender. What kind of mad man would walk up to a suspect asking, “sir, would you surrender your weapon please?” when the suspect is threateningly pointing a pistol at the officer?

Even if the police decided to be ridiculously polite in their approach, the suspects were running away.

As a third person, I see that the police right to retaliate. Furthermore, while having somebody killed is always deplorable, it is, for the lack of better word, a gunfight.

Second is the very fact that these suspects have guns that should be obvious because the suspects used it in an aggressive manner.

The police deserve a lot of criticism, but not in this case. Criticism thrown at the police so far has been irrationally partisan to the point that the police can do no right.

Be fair.

Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved

[0] — KUALA LUMPUR, Nov 18 — Inspector-General of Police Tan Sri Musa Hassan today said those who questioned police action in shooting suspects should consider whether they wanted to support those who upheld the law or the criminals.

He said this when asked to comment on claims that the police had used excessive force in a recent shooting in Klang, where five suspected robbers were gunned down

 

”The duty of the police is to protect the people. We do not protect criminals,” Musa was quoted as saying by state news agency Bernama. [IGP: To question police action is to support criminals. The Malaysian Insider. October 18 2009]

[1] — IPOH, Nov 15 — A DAP politician has accused the Barisan Nasional (BN) government of waging a war of revenge against the Indian community by ordering the police to kill suspected criminals.

Ipoh Barat DAP secretary P. Sugumaran (pic) lambasted the action, saying that the police had no right to pass judgement without first asking them to surrender.

”Their actions are clearly the BN’s political agenda to take revenge on the Indian community in the country.

”But how different are they from the suspected criminals they murder when their actions are tantamount to a criminal act in itself?” Sugumaran said in a statement here yesterday.

He cited the Nov 8 incident in Klang when the police had shot dead five robbers during a high-speed car chase and the recent shooting of the Deva Gang leader in Penang. [DAP blames BN for cops playing cowboys with Indians. The Malaysian Insider. October 15 2009]

[2] — KLANG: Police shot dead five suspected robbers in a shootout after a high speed car chase in Taman Klang Utama at 12.30am Sunday.

The five, believed to be dangerous and high on the wanted list, were involved in at least 10 robberies in Selangor and the Klang Valley for the past one year.

Selangor CID chief Senior Asst Comm II Datuk Hasnan Hassan said a team from the Klang district serious crime division spotted the five men in a Perodua Kelisa in Lorong Sungai Keramat around 12 midnight.

Realising that they were being followed, the robbers tried to forced the police car off the road while firing a few shots at them. [Five robbers killed in shootout with police (Update). The Star. October 8 2009]

Categories
ASEAN Conflict & disaster

[2083] Of reaction to the death of Noordin Mohammed Top

Death is always unpleasant for life is always too precious to waste. Hence, I greet the death of Noordin Mohammed Top with a kind of bitter sweet feeling. Part of me regretted it while the other half is happy to learn that regional terrorist network has lost an important figurehead.[1]

His ideal is disagreeable and the mean to his end is even more disagreeable. His death is a testament of the idiom those who live by the sword will die by the sword. Noordin chose that path and he knew it. He violated the non-aggression axiom and by doing so, he legitimized effort taken on his life by others hurt by his actions.

I do not know how this may affect terrorist activity in the region but hopefully, it means reduced probability of attacks in Indonesia. I have mentioned that I have high hope for Indonesia to spearhead democratic change in Southeast Asia and become the symbol of aspiration for all liberal democrats in the region. If indeed the death of Noordin leads to a more stable Indonesia on average, then the development of a democratic Southeast Asia — and really, I am first and foremost concerned with democracy in Malaysia — comes one step closer to fruition.

Apart from that, I do hope the death of Noordin would build a new bridge between Malaysia and Indonesia. It is in this sense that I am most glad that Noordin is now dead. The recent spat between Malaysia and Indonesia has been damaging to regionalism in Southeast Asia. His destructive action has been raised by angry Indonesians as a Malaysian product. Malaysia exports terrorism, as some Indonesians accuse Malaysia.

This is most unfair because the Malaysian government and a majority of Malaysians, as I believe, do not support him. Yet, he was a Malaysian and that is undeniable and that is an embarrassing fact for me to admit, especially to foreigners and to my Indonesian friends.

Nevertheless, a torn is now gone.

Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved

[1] — ASIAN terrorist mastermind Noordin Mohammed Top, the man responsible for plotting the 2002 and 2005 Bali bombings, has been killed during an Indonesian police raid against suspected Islamist militants in Central Java.

Top was one of four people who died during the raid yesterday on a militant hideout near Solo, Indonesia’s police chief, Bambang Hendarso Danuri, confirmed last night.. [Bali mastermind Noordin Top killed in Indonesian raid. The Australian. September 18 2009]

Categories
ASEAN Conflict & disaster Liberty

[2044] Of a liberal democratic Domino Theory

Indonesia can be an important factor in the creation of a liberal democratic Malaysia.

Its sheer size, its proximity to Malaysia and deep ties that bind both countries prevent any pretension that our developmental path is independently of each other. It is for this reason that recent liberal, democratic, and economic advancements in Indonesia are a cause for celebration among liberals and democrats in Malaysia. For the same reason, the latest bombing in Jakarta should be a source of concern for them.

Indonesia’s transition from an authoritarian state to the most democratic one in the region has been nothing less than impressive. The violent manner of the transition is less than ideal but it was a transition for the better nevertheless. With all else being equal, Indonesians are potentially set to reap the dividend of democratic peace and progress. Already its economy has been growing consistently above 4 per cent since 2000. Furthermore, the archipelagic country is still growing despite the ongoing crisis that has forced many others, including Malaysia, to go into recession.

I celebrate the much talked about progress in Indonesia, first and foremost, because of the ideal of a liberal democracy. That is the only form of government that is supportive of individual liberty. Only that system is capable of balancing individual liberty against state power as well as any majority power. It guards individual liberty tightly against the ugly side of gross majoritarianism: tyranny of the majority.

To have one more state — in the case of Indonesia, a major state — embracing liberal democracy as a system, and having it working, enhances the influence of the idea all over the world. To have one more state as a liberal democracy further gives credence to the statement that the most successful countries in modern times, by and large, have been liberal democracies.

A point that is more relevant is the effect of Indonesian progress on Malaysia. Its success as a liberal democracy is important to Malaysian democrats and liberals because if Indonesia, during this period of its liberal democracy, can achieve unprecedented socioeconomic progress to catch up with Malaysia, it can provide Malaysia with a liberal democratic model to follow.

This is an important point that demands stressing. It provides a strong alternative to the development model preferred by the government of the People’s Republic of China. For Malaysian democrats and liberals, between deep statism as practised in mainland China and democracy, the answer does not demand too much mental manoeuvring.

This idea may in a way parallel the Domino Theory in a restricted sense. The Domino Theory in its original form postulates that if one country fell to communism, others in the region would fall to communism too, just as a domino piece in a well-arranged deck only waits toppling after the fall of the first piece. Except this time around, the force that pushes the first piece sits on the opposite side of communism, and decades after communism was ideologically defeated.

The liberal democratic Domino Theory could even affect Singapore. Any big change in Malaysia will affect Singapore, just as a big change in Indonesia will affect Malaysia. A liberal democratic Malaysia will present unwanted pressure for the Singapore establishment to be more flexible in matters concerning democracy and liberty.

For Singapore, in times when it is surrounded by illiberal states — Malaysia and Indonesia that from time to time presented a cold front to it — it can find allies in other liberal democracies in the West, even when Singapore itself is an illiberal state. When, and if, it is surrounded by liberal democracies, Singapore’s ties to Western liberal democracies would somewhat diminish as attention would shift from Malaysia and Indonesia’s record to Singapore’s.

On top of that, liberal democracies tend to be noisy about illiberal conducts. If the governments of Malaysia and Indonesia are unwilling to do so, then the civil society in both countries would. Consequently, the domino deck would exert strong pressure on Singapore to democratise and liberalise.

Before that can happen, Indonesia must make significant progress. Without that, Indonesia will not have a significant role in democratising and liberalising Malaysia and give currency to the theory. One barrier to that progress was exemplified by the recent bombing in its capital.

What happened in Jakarta is disheartening because it can adversely affect confidence in the country. Confidence is a precious commodity in the making of a successful economy. Without it, Indonesian economy can falter to undo the progress made on the political front. Without a healthy economy, a liberal democratic Indonesia will not command respect from others. That will easily cancel out the possibility of the Domino Theory.

Thankfully, the bombing so far has not significantly impacted the Indonesian economy. It may be that the momentum of progress there is so big compared to the negative impact of the bombing. If that is so, that is great. Yet, one may never know what is in store next.

An Indonesia in chaos will not only remove an external factor that catalyses the realisation of a liberal democratic Malaysia, it can also contribute to a setback. Indonesia after all is not so far away and it has been pointed out that the network of terrorism consists also of Malaysians. These Malaysians may target Malaysia some day.

If ever that happens, it is likely that individual liberty in the country will suffer further erosion. In the United States, with its strong tradition in liberty and credible institutions, a strong challenge against the transgression of liberty can be mounted by its civil society. In Malaysia with smaller cache as far as the idea of liberty is concerned, the same challenge will be hard to mount. After all, laws irreverent to liberal democratic values introduced during the Emergency era are still in place. For instance, when was the last time Malaysia held a local election?

For Malaysian democrats and liberals, it is in their interest to ensure that what is in store for Indonesia is peace instead of chaos. They can do this by requiring their own government to cooperate earnestly with the Indonesian government on the matter of anti-terrorism. Successful cooperation will lessen the possibility of Malaysia facing such attacks at home and avoid the oft-mentioned dilemma between liberty and security.

The dilemma between the two is a false one, since liberty requires protection to remain firm. That, after all, is the purpose of a liberal democracy. But convincing the masses of that reasoning will be a difficult task during dangerous times. With an illiberal government at the helm, the government will certainly make use of that opportunity to rob liberty from individuals, either consciously or indirectly.

The cause of terrorism is clearly multifold but I am convinced that poor economic conditions — which in turn affects other factors like good education that are crucial in sustaining a liberal democracy — play a large role in it. A developing Indonesian economy can address that, and that makes the progress in Indonesia all the more important; economic success is the real anti-terrorism measure.

Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved

First published in The Malaysian Insider on July 27 2009.