Categories
Liberty Politics & government

[1990] Of unclenched fist and open hand

As a person who spent parts of his formative years in the United States and, more importantly, shared the ideals which the US is founded on, I cannot deny that I have a certain inclination towards the Land of the Free. And so I cannot help having a sense of joy after seeing the Foreign Minister Anifah Aman having a joint press conference with US Secretary of State Hillary Clinton in the Department of State. Finally, here is a chance for Malaysia to have good relations with the US.

I believe it does not take much convincing to say that our relations with the US have been dysfunctional for the longest time. The Mahathir administration was intent in demonizing the US, and the US in return kept criticizing Malaysia’s admittedly unenviable records on human rights. Under the Abdullah administration, Malaysia apparently relegated ties with the US down its priority list. The US meanwhile increasingly looked at Malaysia with a lackadaisical attitude at best or at worst ignored the country altogether with an occasional customary criticism just to keep its educated local audience who can spot where Malaysia actually is on the globe happy.

This happened despite the US being one of Malaysia’s major trading partners and the world’s only superpower. The US has its military all over the world and its political pressure can be felt everywhere. And until recently, its economic influence was unrivalled. The signs insist that Malaysia cannot abuse the US too much and yet we had two consecutive administrations which went against the signs: one was unabashedly anti-US to become a hero of Third World countries like Mugabe’s Zimbabwe and the other appeared not to care.

The source of rocky relations between Malaysia and the US is none other than the former Deputy Prime Minister Seri Anwar Ibrahim. The US came out to criticize the Mahathir administration against the unjust treatment Anwar received beginning in the late 1990s. Former Vice-President Al Gore later openly declared support for the Reformasi movement, in Kuala Lumpur no less. That was the final straw for former Prime Minister Mahathir Mohamad.

And then, of course, there was George W. Bush. The Bush administration’s foreign policy after the Sept 11 attacks made the world environment not conducive for any significant improvement to Malaysia-US ties.

As a person who wishes to see more fulfilling relationship between the two countries, I find this unfortunate because our country was initially close to western countries and by extension the US. At one time, former US President Lyndon Johnson visited Malaysia. That visit in the 1960s remains the one and only time a sitting US President has ever set foot in this rich but problematic country. It was that long ago.

Oh my, how far we have gone in the wrong direction: from pro-western to neutrality and from neutrality to anti-western. In the process, due to prevailing liberal ideas in the West, liberals were victimized as Western countries were demonized. Liberals and the West were equated. It was an unfair equation but far too easy to make because the same ideals were shared by both.

Whereas in the beginning the idea of liberty was imbedded in the constitution of this country, we gradually saw illiberal ideas finding their way into the fabric of our society to usurp liberal ideas. What was supposed to be ingrained in our constitution later was considered as foreign and almost treasonous at times. The equation between liberals and the West was used to cast local liberals as traitors. It was a hurtful experience for liberals, and it still is.

But to borrow John Kerry’s lines used during the US presidential election in 2004, hope is on the way.

Regardless of misgivings I may have towards the Najib administration as well as the Obama administration, signs suggest that ties are changing for the better. The Najib administration so far appears to be less provocative and more engaging in dealing with the US. The invitation the Foreign Minister received from the US Department of State is perhaps a reciprocal sign.

The quick submission of a new name for ambassadorship to the US is another. Notwithstanding the reputation of the person, this may show how the Najib administration is out to repair relations with the US. The submission of a new name is no little matter given that the US has refused to confirm Malaysia’s previous choice to head its embassy in Washington DC due to the candidate’s connection to the disgraced Jack Abramoff.

Despite an implicit request by the US for a new name, the Abdullah administration did not offer a new one. The result? Malaysia has not had an ambassador to the US for more than half a year now. A quick confirmation by the US may lay the path to more cordial bilateral relations between the two countries whose flags likely trace their common origin back to the flag of the British East India Company.

Furthermore, US President Barack Obama appears very sincere in undoing the damage the Bush administration had brought to the reputation of the US in the international arena. To add to that, while Southeast Asia and Malaysia were ignored by the Bush administration as it focused on China, the Obama administration seems intent on bringing Southeast Asia up in its priority list. Malaysia has always been central to Southeast Asian politics and I find it impossible for the US to ignore Malaysia if it plans to again take Southeast Asia seriously.

Improved relations however do present Malaysian liberals with a conundrum.

On one hand, better relations with the US present an opportunity to push for liberal reforms like protection of individual rights, creation of a right egalitarian society and a real democratic society in Malaysia. On top of that, better ties could see less vilification of liberals by the Malaysian government by virtue that liberals more or less share the same ideals as espoused by the US constitution; vilification of liberals may lead to vilification of the US and inevitably hurting ties with the US at a time when good relations are sought. Not too long ago, Barisan Nasional went as far as to accuse liberal ideas as dangerous foreign ideas and collectively an antithesis to Malaysian society and the so-called social contract. A genuine interest to forge closer ties with the US could prevent that from happening again, rhetorically and in terms of policies.

On the other hand, in the interest of improving ties with multiple important countries which lack enough reverence for human rights, the Obama administration may decide to tone down its criticism. There is a precedent for this: in her first visit to China in her capacity as Secretary of State, Hillary Clinton was quiet on issues of human rights in China.

My fear is that the Obama administration may adopt the same stance with Malaysia. The danger is that it may embolden the Najib administration to test the boundary of individual liberty in this country knowing full well that the US may be unwilling to criticize the Malaysian government too harshly. A US that is less willing to criticize means one less big international pressure off the back of the Najib administration.

During the joint press conference at Foggy Bottom, Clinton was asked about the charge of sodomy — believed by the US as being politically motivated — made against Anwar. Her answer was most diplomatic, content to say that she raised the issues of rule of law and that ”that speaks for itself.”

The trade-off between good relations and criticism is real on government-to-government basis but for me as a liberal, I want good relations as well as that criticism too to help prod Malaysia farther towards the goal of liberal democracy. I would not be able to fully appreciate good relations with the US where the US keeps mum on violations of individual liberty that may happen in Malaysia in the future.

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 May 20 2009.

Categories
Humor Politics & government

[1989] Of Najib says that he does not crave for power…

The Prime Minister somehow wants to convince people that he does not crave for power.

PUTRAJAYA, May 20 (Bernama) — Prime Minister Datuk Seri Najib Tun Razak said he was not like someone who was crazy for power for the sake of power only.

“I don’t craze for power for the sake of power but I need power to serve the people and ensure successful nationbuilding.

“But there are some people who cannot wait to be in power,” he said at a function in his honour at the Finance Ministry here. [Not Crazy For Power, Says Najib. Bernama. May 21 2009]

Cannot wait, Prime Minister?

I wonder who actually forced former Prime Minister Abdullah out of office in such haste. Are you referring to yourself, Prime Minister?

Anyway, a scene from Yes Minister

[youtube]7xT7oWctIpA[/youtube]

A great show, Yes Minister, that is, yes Prime Minister?

Categories
Liberty Politics & government

[1987] Of my support for election does not negate my belief in freedom of association

Why election in Perak? Why do I support dissolving the state assembly in light that I see no wrong in a person exercising his or her freedom of association? Is it not political defection that caused the whole fiasco in Perak?

Am I being inconsistent?

No. I hold consistency as a personal value and therefore, I can say with certainty that I am being consistent. Allow me to explain my position and demonstrate my consistency.

From my perspective, the issue in Perak has long stopped being about freedom of association. It is not about political defection of the three state assemblypersons from DAP and PKR that brought down the Pakatan Rakyat government in Perak. Therefore, point raised by Barisan Nasional — and more so by UMNO members as BN component parties begin to break rank on the matter — about BN having the majority in the state assembly is moot.

It is clear to me that there is a serious deadlock in the state assembly even after accounting for the 3 defectors who are now supposedly to be independent assemblypersons friendly to BN. The deadlock comes not from the composition of the legislative hall which practically favors BN but is caused instead by the fact that the Speaker and the de facto government — BN, that is — are terribly hostile against each other. It is this deadlock, not the defection per se, that convinces me to support dissolution of the assembly and inevitably election.

Speakers in Malaysia, be it at the federal or state level, have extensive powers that he is the dictator of the house. With a culture of neutrality that should be held by Speaker absent, the Speaker is able to frustrate the government and bring any government’s business to a halt. However disagreeable a Speaker’s action is, the fact is in the imperfect system that Perak and Malaysia adopt considers Speaker’s extensive power as legal.

Not only that, the Speaker can suspend anybody seemingly indiscriminately.

BN tried to remove the Speaker but the truth is that BN cannot hope to succeed if they want to remove the Speaker legally without dissolving the state assembly. What happened on May 7 was a series of constitutional violations where BN eventually usurped the power the Speaker. It was wrong.

The power of the Speaker needs to be addressed but it has to be addressed through amendment of laws, not through the illegal use of brute force as was done on May 7 by BN. This means I consider Sivakumar as the only lawful Speaker.

While BN’s action on May 7 compounds the problem from imperfect system to dishonorable disrespect for the Constitution, it is really irrelevant to my support for dissolution and election. While it does have a great impact on political reality — I think it does make the emotional case for election stronger — the trigger point for my support of election is, as I mentioned, the conflict between the Speaker and the de facto government, the BN government in Perak.

Yes, the de jure government is the Pakatan Rakyat government as highlighted by the High Court in its May 11 ruling but the de facto government is the BN government.

Furthermore, if the apex Court reaffirmed the High Court’s decision, Pakatan Rakyat may become a minority government. Theoretically, if the laws are observed, Pakatan Rakyat can remain a minority government until 2013 because the Speaker can ensure any vote of confidence to bring down the minority government is thrown out. To me, a minority government is unacceptable if there is another group in the same House which is able to form a majority government. It is undemocratic.

To solve the issue, dissolution is necessary.

Notice, the two points do not at all affect freedom of association.

Categories
Conflict & disaster Liberty Politics & government Society

[1986] Of democracies exist because…

For those who fear confrontation with respect to Perak may lead us to the path of Thailand:

Democracies exist only because enough people were unwilling to be sheep, and brave enough to fight violent wars to achieve a share in power. [Page 227. Good and Bad Power: The Ideals and Betrayals of Government. Geoff Mulgan.]

I consider it as a game of war of attrition.

Categories
Liberty Politics & government

[1983] Of stronger federalism demands greater division

The ugly episode in Perak raises several issues revolving around the idea of separation of powers. One of the least discussed powers separation matters is closely related to the concept of federalism. The fiasco clearly highlights that the state civil service is practically dependent on the federal civil service. This dependency is abhorrent to the spirit of federalism and it must be ratified.

The dependency however is nothing new. The position of district officers, for instance, is a state post. Nevertheless, it is a common practice for members of the federal civil service to be seconded to those positions. This is also true for multiple other positions within states’ civil service.

Although the practice of secondment is permitted by the Federal Constitution, when secondment happens it does raise a question relating to conflict of interest. If a state government does not see eye to eye with the federal government, where exactly does the loyalty of these seconded federal officers lie?

The line of reporting is clear. For those holding state positions, they report to the state government but theory does not always translate into actual practice. No demonstration is more vivid than the ongoing case in Perak. Several deplorable instances that threaten the spirit of Malaysian federalism were observable.

One of it harks back to the early part of the political and legal conflicts when the state legal adviser of Perak acted as if he was an agent of the federal government. In the ruling involving Datuk Seri Zambry Abdul Kadir and Datuk Seri Nizar Jamaluddin, a judge even said that the neutrality of the state legal adviser should be taken with ”a pinch of salt”.

That really is to frame it rather too kindly when it is a fact that the person holding the office of state legal adviser is a member of the federal civil service seconded to the Perak civil service. In the conflict, the state legal adviser clearly suffers from a conflict of interest. With a federal government which imperfectly separates political parties from the State, it is not hard to imagine why that is so. His loyalty lies with the Barisan Nasional-led federal government, not to the state government as it should be.

It is absolutely possible for a member of a state civil service, as with any civil servant, to hold a political bias that is opposite to the administrator. A civil servant has all the rights to have that bias as any free individual. Nevertheless, that does not dissolve his or her professional duties.

A state civil servant is a professional and he or she must be able to execute any rightful orders of the state government regardless of his or her political bias. Or else, respectfully, the civil servant must resign out of an irresolvable conflict of interest, or be fired. By this premise alone, the action of the Pakatan Rakyat government in Perak to suspend the state legal adviser — and the state secretary — is only natural and is only right in the spirit of federalism.

If this contradicts any law of the land, then the law must be amended accordingly. The law is only a tool to a goal, no more, no less. It is the spirit that matters and federalism is very much a spirit of Malaysia. To hide behind the law to subvert the spirit of Malaysian federalism is to undermine the spirit of Malaysia.

The conflict of interest is one reason why the secondment exercise as currently practiced must be re-examined. In the name of federalism, each state needs to develop its own civil service so that the federal government does not hold any state to ransom.

Until March 8, 2009, there were not too many chances to prove this point. In times where the administrations of state government and the federal government originated from the same quarter, it was hard to pinpoint a finger on any action violating the spirit of federalism.

It was easy for a Barisan Nasional-led state government to want to do something when in truth it was instructed by a Barisan Nasional-led federal government to do something. This happens concurrently with Barisan Nasional’s deplorable attitude of making machineries of the State as its private property.

For so long — the conflation between state and federal governments as well as conflation between the State and political parties — that continued unchallenged. After over 45 years of Malaysian federation with Barisan Nasional in power, actual power eventually became centralized to threaten the very foundation of Malaysia, a 13-state federation. Actual power not only centralized at the hand of the central government to make Malaysia come closer to a system of a unity state that we are not, it also centralized power in the hands of Barisan Nasional.

While it is inevitable to see the division of state and federal governments in the context of Perak through the prism of partisanship, the division is affirmatively beyond partisanship and beyond Perak. There is a genuine need for such systemic change.

Federalism is about a system of check and balance and it demands that division. This demand will remain true regardless who is in power. It will always remain especially poignant when the federal government holds too much power in relation to state power.

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 May 14 2009.