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
History & heritage

[1779] Of the myths surrounding the formation of Malaysia

Several myths about the formation of Malaysia require addressing.

First revolves around the notion that Sabah, Sarawak and Singapore joined Malaya in 1963 to form Malaysia. This is simply untrue because all member states of Malaysia federated to form a new federation called Malaysia. Nobody joined Malaya in 1963.

The second myth concerns how Sabah, Sarawak and Singapore joined Malaysia. This is at best inaccurate and at worst downright false. The rationale against this myth is the absence of Malaysia as a state in prior to 1963. Instead Sabah, Sarawak and Singapore helped establish Malaysia.

Those who believed in either the first or the second myth tend to cite the United States of America as an example of how changes in the number of membership do not affect a state as an entity. The comparison however is flawed because the history of the US does not run parallel to that of Malaysia.

It differs in a way that 37 states other than the original 13 states of the United States joined a pre-existing union. The United States was formed as an entity in 1776 and 37 other states joined that union after 1776.

In the case of Malaysia, nobody joined any pre-existing entity simply because there is no pre-existing entity to join into. There was no Malaysia as a state to join into prior to September 16 1963. What existed were the Federation of Malaya, Sabah, Sarawak and Singapore.

The example of the US is only applicable for Malaysia if there are changes in membership after 1963. Just how addition of new member states into the union does not affect the United States’ status as a state after the formation of the state, any change of membership of the federation — save total dissolution of Malaysia — after 1963 will not affect the status of Malaysia as a state. It is for this very reason that Malaysia still exists after Singapore was expelled in 1965. If Brunei is to join Malaysia in 2009, Malaysia will still be the state it was in 1963.

Third myth is about Sabah, Sarawak, Singapore and Malaya coming together to form Malaysia. This too is false though compared to the other three myths, this does come closer to the truth since the contrary is certainly arguable given how the Malaysia Agreement was signed and executed. Nevertheless, all 14 member states of 1963 Malaysia, each as a separate entity, federated to form a 14-state federation and this is made clear in the Malaysia Act 1963.[1] It was not a 4-state federation. The member states of Malaya did not participate in Malaysia as a unitary Malaya but rather, they joined the new federation on individual basis. In forming Malaysia, the Federation of Malaya was immediately dissolved to allow the 11 states of Malaya along with three other states to federate; the Federation of Malaya ceased to exist upon the establishment of Malaysia.

The final myth confuses Malaya with Malaysia. The difference between Malaya and Malaysia goes beyond superficial change in name. The 20-point agreement between signed at the time between Sabah and the would-be federal government of Malaysia specifically mentioned that the Constitution of Malaysia is not the Constitution of the Federation of Malaya.[2] Therefore, the two Constitutions are two different documents and each document governs different state.

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

[1] — (1) For the purpose of enabling North Borneo, Sarawak and Singapore (in this Act referred to as “the new States”) to federate with the existing States of the Federation of Malaya (in this Act referred to as ”the Federation”), the Federation thereafter being called Malaysia, on the day on which the new States are federated as aforesaid (in this Act referred to as ”the appointed day”) Her Majesty’s sovereignty and jurisdiction in respect of the new States shall be relinquished so as to vest in the manner agreed between the United Kingdom of Great Britain and Northern Ireland, the Federation and the new States. [Malaysia Act 1963. Office of Public Sector Information. Accessed September 16 2008]

[2] — Whilst accepting that the present Constitution of the Federation of Malaya should form the basis of the Constitution of Malaysia, the Constitution of Malaysia should be a completely new document drafted and agreed in the light of a free association of states and should not be a series of amendments to a Constitution drafted and agreed by different states in totally different circumstances. A new Constitution for North Borneo (Sabah) was of course essential. [20-point agreement. Wikipedia. Accessed September 16 2008]

Categories
Photography

[1766] Of a lonely flag

On my way home from the Freedom Film Fest 2008.

By Hafiz Noor Shams. Some rights reserved.

Categories
ASEAN Conflict & disaster

[1674] Of Malaysia has a deal with the MILF

The Moro Islamic Liberation Front (MILF) has allegedly struck a deal with Malaysia over Sabah, and that’s why the rebel group is silent on the claim issue, a high-ranking Palace official said.

This is supposedly the reason why the MILF wants Malaysia to remain as the head of the international monitoring team overseeing the ceasefire agreement with the government, the official who requested anonymity said.

The source added that Malaysia has been pressuring the Philippine government into resuming the peace talks despite the ”unconstitutional” demands of the MILF for its future homeland in Mindanao, because of the alleged agreement on Sabah. [MILF, Malaysia have deal on Sabah—official. The Manila Times. June 2 2008]

The situation in the Philippines is rather worrying.

Categories
Sports

[1464] Of Malaysian team is frustrating

The field hockey match between South Korea and Malaysia ended very frustratingly for me. South Korea won 3-2 but the frustration is not about the loss per se but rather, the way Malaysia ended up on the wrong end of the gun.

I only managed to catch the second half of the match and I was initially delighted to find out that Malaysia was leading 1-2. South Korea had painted an image of invincibility on themselves after beating Australia and the Netherlands. So, it was easy to rationalize why I was impressed at the scoreline. Malaysian playing style became apparent to me soon enough and that turned me off. It really turned me off, I tell you.

I do not know how they played earlier but in the second half, Malaysia appeared contended to simply defend instead of attacking. On top of that, Malaysia was fond of long balls. Unfortunately, the long passes were rarely accurate. If I had not known better, I would have thought that the Malaysian team was kindly passing the ball to the Korean!

But it was not too bad really because Malaysia did attack and produced some remarkable chances. But it was not long before the Korean equalized.

Much to my dismay, the equalizer only made Malaysia to burn throw away their sword away and hide being a shield all the time! It reminds me why I hate the Italian soccer team so much!

It almost worked though. Almost.

As the seconds ticked away, Korean redoubled their attacks. While I was visibly angry at Malaysia’s defensive mode, I found myself praying — now, that is a miracle — for the clock to run out. Barely two or a minute from the end, the Korean scored a goal. Needless to say, the pray went unanswered (I wonder why?).

Malaysia tried to do something after a bang in the head but it was too late for anything.

This is so much different from the way Malaysia played against Australia and Pakistan. During those two games, Malaysia fought valiantly. We attacked and played intelligently. Australia, the Kookaburras, one of the top teams in the world, were struggling against us! Struggling! For that, I do not mind losing to Australia. At least, we came down fighting. As for Pakistan, they were simply playing badly. But against South Korea in the second half, we were truly pathetic and frustrating. It was so frustrating that if I had knife right beside me, I would have stabbed myself to death. The frustration was un-f-bearable that it would warrant suicide.

All I can say, Malaysia deserve to lose that match and get no sympathy from me. At the moment, the Malaysian team is placed 8th out of 8 possible places. In other words, we are at the bottom of the table.