Categories
ASEAN Society

[2014] Of between justice, welfare of children and Indonesia

I blew up this morning when I read a legal counsel of a person who grievously harmed another person requested for the judge to show leniency. The lawyer reasoned that the perpetrator is a single mother, implying that the welfare of her two children is at risk if the system punishes her too harshly. The audacity shown by the lawyer is deplorable.

KUALA LUMPUR: A former real estate agent has claimed trial in the Sessions Court to hurting her Indonesian maid Siti Hajar Sadli with hot water, a hammer and scissors.

[…]

Counsel M. Manoharan, however, asked the court to consider his client’s status as a single mother and that she has two young children, including an autistic son, to take care of. [Real estate agent claims trial to charges of abuse and failing to get work permit. M. Mageswari. The Star. June 19 2009]

I want to make it clear that I would like the law to apply the greatest of weight against the single mother for the physical harm she inflicted on her maid, a fellow human being. This however does not mean the welfare of her children should not be factored in any judgment.

It is utterly unfair to punish innocent children indirectly for a crime committed by others. Yet, this is a regrettable negative externality the children and our society have to suffer.

The role of the society here is not to eliminate that negative externality — assuming the single mother is a good mother; an assumption I take only with heavy heart — but to try to limit it. Elimination of that negative externality means letting the criminal that she is off the hook. That will offer bad example to others who are  or plan to show no respect for another human being’s safety. Strong, forceful signal has to be sent by the system so that others will think twice about hurting another human being, specifically against foreign maids within our context.

By limiting, I mean to suggest that the State has to find a way to ensure the welfare of the children are taken care of. One way, which I most prefer, is to a find relative of the mother who is willing to take the children in and take for them. If that fails, the State may find family or individuals with good record and financial standing who wants to explore the option of adoption. If all else fails, the State simply, unfortunately, have to take care of the children. This perhaps stresses on the importance of a care system for children but that is a huge issue that deserves an essay of its own that I will not discuss further here.

Finally, I want to digress but yet make an important point. Any decision of the court gives signal not only to Malaysian society and particularly to employers who treat their maids subhumanly. It will also give signal to Indonesia. Malaysia already has a bad reputation in Indonesia for, among others, this kind of crime committed on their citizenship who come to Malaysia in search of better life. Already, nationalistic Indonesians are clamoring for proverbial Malaysians blood. Any leniency will unnecessarily fuel that nationalistic sentiment. But of course, the court should not consider populism as a factor in deciding a case.

And that is okay. Justice simply will have to be served and the mother punished.

Categories
Economics Politics & government

[2013] Of regretfully, fiscal deficit is a non-issue

The consistent fiscal deficit the federal government currently experiences is an issue far removed from everyday life. For many, it is an abstraction without concrete consequences. Hence, it is highly unlikely that the issue will be able to capture public attention and directly become a determinant in any election. This gives the federal government too much free hand in managing its fiscal position.

Despite the lag in effect, the persistent fiscal deficit presents real challenges to the economy and perhaps, more tangibly, to all taxpayers. It is so because the idea of scarcity is not something that is only valid within the theoretical world of economics.

It is because of scarcity that the concept of deficit exists. It is also because of scarcity that any deficit requires financing.

As far as the fiscal deficit of the Malaysian government is concerned, it is being financed through borrowings. The government issues debts in which market participants — be they individuals living within Malaysia or financial firms based abroad — purchase in return for greater payoff in the future.

So far, the federal government is fulfilling its existing debt obligations by issuing more debts. The situation on the ground at the moment allows that to happen but it does not take a leap in imagination to understand how a snowball may cause an avalanche. Argentina in 2001, for instance, defaulted from fulfilling its debt payments; it borrowed to finance its deficit for the longest time until its repayment requirement became too big for it to comply.

Malaysia still has a long way to go before that happens. Nevertheless, eventually, our deficit has to be attended. There are at least three ways to address the deficit: increase revenue, decrease government spending or default.

For any self-respecting government, defaulting is not much of a choice. The Argentine economy was in ruinous state after it defaulted on its payment; capital fled and dried up, bringing the economy to a screeching halt. Regardless of preference, the current local scenario that includes the maintenance of strong foreign reserves by Malaysia makes the likelihood of default very small.

Decreasing government spending is the policy path that libertarians favor because it necessarily reduces the size of government. Unfortunately, this will not occur anytime soon. Even during the Abdullah administration when the fiscal deficit finally saw relaxation, government spending continued to rise. Keynesian thinking meanwhile reigns supreme in the Najib administration; the government has expressed its intention to spend to stimulate the economy. The two factors set the momentum for the federal government’s fiscal position in the near future.

The third way is to increase revenue. This can happen by having enough growth in either non-tax revenue, tax revenue or both. With a healthy economy, those items can help in balancing the fiscal position. Without a sufficiently healthy economy, however, taxes simply have to increase to meet the gap eventually.

A tax increase is the clearest credible solution because it is increasingly clear that the fiscal deficit is structural in nature, and not cyclical. It is structural because it is arguable that we may have seen or are seeing the completion of a business cycle. In that cycle, the federal government has been running on a persistent fiscal deficit. Year 2009 will be the 12th consecutive year that the government has either failed or refused to close the gap and there is no reason to believe why year 2010 will not be registered in red ink.

A tax hike, however, is an unpopular policy, even when it is a potent tool in arresting the runaway fiscal deficit. Under the current political atmosphere where the Barisan Nasional-led federal government faces a considerable number of hostile voters, raising taxes is committing harakiri. The political situation demands spending.

In fact, the pressure is on Barisan Nasional to continue to spend in order to keep the economy going. More importantly, it has to keep voters happy by shoring up the economy in the short term to push its expiry date farther into the future.

Government spending is not necessarily bad or undesirable even in times of deficit. Yet, unless the government spends the money for the purpose of investment, spending for the sake of spending — as the two fiscal stimulus packages are doing — will further widen the difference between revenue and expenditure. For deficit hawks, the situation is gloomy because between investment and spending, the effect of the latter comes quicker than the former. Naturally, political expediency favors quick wins; quick wins mean the deficit will continue to take a hit.

Given the situation of a structural fiscal deficit, weak economic environment and political unpopularity, the only palatable short-term option is to continue to borrow to finance the deficit.

As a result, the present generation will be free from the burden of increased taxes and so too subsequent generations that are lucky enough to live during times when the economic situation allows the government to keep borrowing to finance its deficit. With the problem being out of sight and out of mind among the current generations, regretfully, there is no pressure to address the issue of fiscal deficit.

Somebody, however, eventually will have to pay those debts. By the time that happens, it is likely that the problem will become too big to handle.

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 June 15 2009.

Categories
Earthly Strip Politics & government

[2012] Of Earthly Strip: Missing courage

Some right reserved.

Categories
Liberty

[2011] Of Iranians fighting back

If this turns out to be a revolution, it will be a righteous revolution.

[youtube]dSECAvBTanQ[/youtube]

Watch the end of the video; the crowd actually helped a member of the police who collaborated with the regime in power, after all that happened. Would the police be as merciful?

p/s – apparently, cyberwarfare is going on. Ahmadinejad’s website is inaccessible and feeds from Twitter suggest that Iranian websites linked to Ahmadinejad are under attack too. http://www.khamenei.ir/ and www.ahmadinejad.ir are inaccessible at time of posting. http://www.farhang.gov.ir/ might be under attack too. Attacks seem to be DOS in nature.

Categories
Liberty

[2010] Of a message of friendship to protesting Iranians in Malaysia

I am not quite sure what to make out of the elections in Iran. By that, I mean I do not know if there was a fraud or not. There are so many conflicting information on the internet that I must confess, I am confused and unable to decide which side is true as far as the election result is concerned

But let it be no doubt that I prefer Mousavi to Ahmadinejad. Any agent of liberty will find friendship in me. I applaud you for exercising your liberty which should be guaranteed everywhere in the world, including in Malaysia.[1] With you exercising your right to freedom of expression, you inevitably strengthen the struggle of many Malaysians to make this country truly free. And of course, yours too.

But perhaps, you may want to have more Malaysians joining your protests the next time you hold it. Deplorable as it might be, as with any primitive communal thinking, having purely foreigners protesting might give the impetus for xenophobia among conservative Malaysians. By having a local flavor, that opportunity for xenophobia can be vanquished.

Finally, here, to Spring of Tehran.

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

[1] —KUALA LUMPUR (AFP) — Malaysian police on Monday fired several rounds of tear gas to break up a noisy protest held by Iranians residing here against President Mahmoud Ahmadinejad’s controversial election victory.

Earlier more than 200 people gathered at the city’s United Nations building to hand over a protest note demanding the world body nullify elections the Iranian opposition allege was rigged.

“We want all the countries in the world not to recognise Ahmadinejad as Iranian president. The election was fraud. The actual winner is (Mir Hossein) Mousavi,” Ali Bozrgmer, a 28-year-old student told AFP. [Malaysia police fire tear gas on Iran election protest. AFP via Google. June 15 2009]