Malay Hindu beleaguered, US says countries should allow freedom of religion

US says countries should allow freedom of religion

Thursday, 06 December , 2007, 15:56

Washington: The US on Thursday said it expected all countries to respect fundamental human rights that assure freedom of religion and expression but refused to be drawn into the ongoing row over the alleged discrimination against ethnic-Indians in Malaysia.

"I'm not familiar with any recent actions related to the status of Hindus in Malaysia. Certainly, I know that this issue is discussed in our religious freedom report," Deputy Spokesman Tom Casey said.

He noted that in many countries the issue of people being able to fully practice their religion is "a difficult question".

"And it's an issue that's on our agenda literally throughout the world. We make this an important concern, because we believe that freedom of religion -- like, more broadly speaking, freedom of expression -- is a fundamental human right, and it's one that's important for all countries to honour and respect," he added.

A Malaysian police crackdown on a November 25 rally banned by the government in Kuala Lumpur to protest the alleged discrimination against ethnic Indians had sparked furore in India with Prime Minister Manmohan Singh expressing concern and New Delhi summoning the Malaysian envoy.

Malaysia has rejected allegations levelled by ethnic-Indians and asked other countries not to meddle in its "domestic" affair.

Also 31 people who took part in the protests have been charged with attempt to murder for allegedly causing injury to a policeman.

http://sify.com/news/fullstory.php?id=14572132

Malaysia urged to protect temples


A Malaysian Hindu rights group says one temple is destroyed every three weeks

A US congress-appointed panel has called for Malaysia to do more to protect sacred places and bring an end to alleged discrimination faced by the country's religious minorities.

The US Commission on International Religious Freedom cited the destruction of Hindu temples as a particular cause for concern and urged the Bush administration to raise the matter with Malaysia's government.

The commission's comments follow a protest last month by thousands of ethnic Indians against what they say are discriminatory policies by the Malaysian government in favour of the majority ethnic Malays.

The protest in Kuala Lumpur was broken up by police using tear gas and water cannon and several protest organisers have been arrested.

The Hindu Rights Action Task Force, the group which organised the rally, says an average of one Hindu temple is being demolished every three weeks.

'Fuelling unrest'

In its comments on Thursday the US commission said it was "concerned" by recent Malaysian government actions against the ethnic Indian Hindu minority "curtailing their human rights, including the freedom of thought, conscience, and religion".

Michael Cromartie, the commission chairman, said "continued discrimination against members of the ethnic Indian Hindu minority, including the destruction of sacred places and images, only fuels religious unrest and intolerance".

The government says it does not target the Hindu community and its demolition of places of worship are because they are illegal structures or because land is needed for development.

It has also rejected accusations of discriminatory policies against ethnic Indians.

Abdullah Ahmad Badawi, the Malaysian prime minister, has accused ethnic Indian activists of stirring up racial conflict and threatened to use a law that allows for indefinite detention without trial.

In an opinion piece published on Friday in the Asian Wall Street Journal, Abdullah wrote that "the right to protest is fundamental, but it is a right that must be matched by a responsibility to respect general public safety".

While maintaining that he would listen to "all points of view and concerns that are honestly and reasonably presented", he said "we cannot and shall not tolerate those who seek to incite or provoke violence for their own personal gain".

The November 25 protest followed another rally on November 10 – also dispersed by force - to demand electoral reforms.

Together, they have presented the biggest challenge to Abdullah's authority ahead of elections which are expected to be called soon.

http://english.aljazeera.net/NR/exeres/530BB561-F000-4390-AC07-EBA94768A31A.htm


Malaysia's fraying racial compact by Philip Bowring

International Herald Tribune, Friday, December 06, 2007

Quote:
"... Beijing, which has often avoided identifying with its ethnic brethren overseas, may be starting to change its stance as Chinese pride rises and its leadership comes under domestic pressure to play uncle to Chinese everywhere."
- Philip Bowring

Hongkong:

The informal racial compact that has worked so well for Malaysia since the bloody riots of 1969 is unravelling under domestic and international pressure.

The Racial Compact

The essence of the compact is that the mainstream political representatives of the non-Malay minorities - mostly Chinese and Indians - accept not merely the political supremacy and special position of the Malays, who make up three-fifths of the country's 27 million people, but also massive affirmative action programs to raise the Malays' economic and social status.

In broad terms this policy has been successful. Racial peace, if not harmony, has been maintained and the relative economic position of the Malays has risen dramatically. Formal equality targets may not have been met.

But unless there is drastic scaling back of affirmative action, an intensification of racial animosities is likely, along with Malay assumptions of entitlement to a perpetual subsidy.

Significance of the HINDRAF Demonstration

The Indian demonstration was significant for two reasons.
1. First, it drew attention to the fact that INDIANS, NOT Malays, are now the most economically disadvantaged group.

While Malaysia has a significant Indian professional elite, the mostly Tamil descendents of indentured workers brought in by the British as plantation laborers remain at the bottom of the ladder.

2. Second, the protest saw an attempt to internationalize the race issue with appeals to India and Britain - a move that angered many Malaysians.
In India, the chief minister of Tamil Nadu state demanded that Prime Minister Manmohan Singh help the cause of Malaysian Indians.

The Hindu Rights Action Force, which organized the demonstration, is also bringing a legal case against Britain, asserting that it failed to protect Indian rights at the time of independence

Gradually, perhaps irreversibly, CLASS is beginning to assume a role in political discourse long dominated entirely by race.

• Years of strong economic growth and the urbanization of a once largely rural Malay population mean that low-income people of all races are seeing some common interests. Low-income Malays may become more aggrieved than non-Malays if they see the benefits of affirmative action mainly going to the conspicuously consuming elite.
• Even at the mundane level of trade, the issues of preferences is an obstacle to a free trade agreement with the United States and could run into difficulties within the Asean free trade area.

In practice, Malaysia has taken a very pragmatic approach to foreign investment, granting waivers in special zones and for export projects.

But for non-Malay local businesses, that has merely underlined the extra burdens they face and explains the continued exodus of non-Malay private capital and talent.

Islam - Identification of Race with Religion

Another factor that is putting pressure on informal compact is Islam, which has assumed a larger role in the Malay political consciousness than was the case in 1969. In many respects it has become more conservative.

The increased identification of race with religion has added to the racial divides created by preferential policies. In the case of Indians, injury has been added to insult by the destruction of Hindu temples to make way for new development projects.

Rapid Economic Growth

What is also beginning to trouble an often complacent, Malay-led elite that has been in power for half a century, is the surge of discontent at a time of rapid economic growth driven by the high price of Malaysia's export commodities.

This should help the well-meaning but so far ineffectual prime minister, Abdullah Badawi, to a victory in the election, expected in early 2008, large enough to cement his leadership of the governing party.

This would provide an opportune time to lead Malaysia away from permanent racial preferences.

http://www.iht.com/articles/2007/12/06/opinion/edbowring.php

RACIALLY MOTIVATED DENIAL OF BAIL FOR 31 HINDRAF SUPPORTERS BY MALAYSIAN COURTS
RE: 1. RACIALLY MOTIVATED DENIAL OF BAIL FOR 31
HINDRAF SUPPORTERS BY MALAYSIAN COURTS.
2. ATTORNEY GENERAL'S APPEAL AGAINST 3 HINDRAF LAWYERS BEING DISCHARGED BY KLANG COURT AT SHAH ALAM HIGH COURT TOMORROW 7-12-2007 AT 9.00A.M.
______________________________________________________________
We are totally appalled at the racially motivated decision of the Shah Alam Sessions Court today in completely denying bail to 31 peaceful Hindraf assemblers / worshippers made against the rule of law who were merely attending prayers at the holiest Hindu temple at Batu Caves Kuala Lumpur on the following grounds:-

1. The denying of bail to the 31 peaceful assemblers / worshippers were without basis, maliciously, vindictively and on a racist basis against the mere 8% ethnic minority Malaysian Indians prosecuted (on trumped up charges) with on amongst others attempted murder and today the racially motivated denial of bail by the Malaysian courts.
(Note on racism: In all 7 the Bersih rally on 10-11-2007, Batu Burok rally, two toll hike rallies, two petrol hike rallies, the rally by Khairy Jamaluddin against Coudoleza Rice's visit to Malaysia there has been no remands and no denying of bail like for the Hindraf peaceful assembly.
2. Malaysian Prime Minister Badawi and Attorney General's racist prosecution and denying bail to peaceful assemblers / worshippers exercising their Constitutional Rights further to Article 10 (Right to assemble peacefully) and Article 11 of the Federal Constitution (Right to freedom of worship) of the Federal Constitution.
3. Appeal to Shah Alam high court to grant bail to all 31 peaceful assemblers to be filed on 7.12.2007.
4. Malaysian Courts independence interfered with by Attorney General Tan Sri Gani Patail and Prime Minister Badawi.
5. Black day for justice and the rule of law in Malaysia.
6. Ethnic minority Indians being made scapegoats (by bail being denied) to send a clear message to the Bersih and malay muslim Opposition parties, NGOs' etc to stop their peaceful assemblies. Also to fish for the 60% malay / muslim voters now that Hindraf "has been punished". If the malay muslims are denied bail and sent to jail UMNO would be putting to risk the 60% malay / muslims voters.
7. This UMNO political move in denying the 31 bail will consolidate their 60% malay muslim voters and are prepared to risk the 8% ethnic Indian voters in UMNO's best interest and UMNO's political expediency.
8. Families broke down and openly cried at these injustices. One mother fainted on hearing this decision. Many openly hurled insults at the Attorney General Tan Sri Gani Patail for being racist and acting against public interest.
9. In the coming days we expect further crackdown, persecution and racist and malicious prosecutions.
10. The hearing of Attorney General's appeal against 3 Hindraf Lawyers being discharged by Klang Court at Shah Alam High Court is fixed for tomorrow 7-12-2007 at 9.00A.M.
We hereby once again call upon the racist UMNO regime to stop their racist persecution and prosecution, marginalisation and permanent colonialisation of the ethnic minority Indians in Malaysia. We have exhausted all legal and diplomatic avenues locally over the last ten years.
(Note: Hundreds of letters, memorandums, appeals etc sent to the Prime Minister and the Malaysian authorities are in www.policewatchmalaysia.com).
We hereby send an urgent S.O.S call to the United Nations Secretary General, Foreign governments and the international community to intervene to stop the crackdown, persecution and the racist, malicious and vindictive prosecution of the ethnic minority Indians in Malaysia.
Thank You,
Yours Faithfully
P.Uthayakumar
Legal Adviser

http://www.bangkit.net/2007/12/06/racially-motivated-denial-of-bail-for-31-hindraf-supporters-by-malaysian-courts/


Malaysia in the wrong

Human rights violations are everybody’s concern. Nation states must not hide behind exclusivist notions of national sovereignty and take umbrage at expression of such concern by governments or political parties or citizens of other countries. In over-reacting to political India’s show of anxiety over the treatment of Malaysians of Indian origin, Kuala Lumpur committed an error of conceptual judgment. Bilateral relations between India and Malaysia have been excellent. But India and Indians were well within their rights to communicate their disquiet over Malaysia’s harsh handling of political demonstrations by Malaysian Indians with legitimate grievances. The demonstrators, who were met with tear gas shells and water cannons and are now facing serious criminal charges, were protesting the failure of colonial Britain, at the time of Malaysian independence, to protect the rights of ethnic Indians brought in as indentured labourers. Organised under the umbrella of the Hindu Rights Action Force, they were trying to link their “marginalisation” in Malaysia directly to that failure. Hindraf could not have been serious about the monetary compensation, $4 trillion, sought through British courts for this failure, but the demand, and the demonstrations last month, served to highlight longstanding grievances. These include the absence of equal opportunities for ethnic minorities, affirmative action in favour of the majority Malays, a bigoted unofficial policy of temple demolition, and the increasing adoption of laws based on the Sharia.

Instead of addressing these vital issues, the Malaysian government picked on Tamil Nadu Chief Minister M. Karunanidhi who had merely sought Prime Minister Manmohan Singh’s moral and diplomatic engagement on behalf of the Indian community, a majority of whom are Tamils. Malaysian Minister Nazri Aziz, in asking Mr. Karunanidhi to “lay off,” was not just uncivil; he ended up exposing his regime’s double standards on rights issues. As a member of the Organisation of the Islamic Conference, Malaysia has often criticised other countries, including India, for perceived anti-Muslim bias in policy. There is little doubt about Indian Tamils being a disadvantaged ethnic group or minority in Malaysia. True, Hindraf, either mischievously or mistakenly, sought to give a religious, if not a communal, colour to the state’s entrenched discrimination against a most vulnerable minority. But the fact remains that ethnic minorities, both Chinese and Indian, have suffered under the Bumiputera (‘sons of the soil’) policy instituted in the 1970s in the wake of Malay-Chinese racial riots. Instead of pointing fingers at a friendly and well-meaning country, Malaysia, a dynamic economic performer, needs seriously to address and resolve issues of equality, discrimination, and minority rights.

http://www.hindu.com/2007/12/07/stories/2007120753791000.htm

Malaysian Indians: a disadvantaged community

V. Suryanarayan
________________________________________
Kuala Lumpur’s objections to political India’s expression of concern over the condition and treatment of Malaysian Indians contrast sharply with the Malaysian government’s habit, as a leading OIC member, of criticising other governments for pursuing policies that adversely affect Muslim communities.
________________________________________
The unprecedented November 2007 demonstration by Malaysian Indians before the British High Commission in Kuala Lumpur, under the sponsorship of the Hindu Rights Action Force (Hindraf), has brought into sharp focus the pathetic situation in which the Indian community finds itself today. Hindraf, a coalition of 30 non-governmental organisations, is committed to the preservation and promotion of Hindu identity in Malaysia. The coalition had been agitating against what it calls the unofficial policy of temple demolition and the steady introduction of Sharia-based law.
The memorandum submitted to the British High Commission demanded that the United Kingdom should move a resolution in the United Nations condemning the “ethnic cleansing” taking place in Malaysia. It also wanted the issue to be taken to the World Court and the International Criminal Court of Justice. In August 2007, Malaysian Indians moved to approach the British courts demanding a compensation of $4 trillion — which works out to $1 million per Malaysian Indian — for bringing their forefathers as indentured labourers and failing to protect their rights and interests on the eve of Malayan independence.

The Malaysian government, true to its authoritarian traditions, refused permission for holding the rally, arrested the leaders, and used tear gas and water cannon to disperse the demonstrators. The leaders of Hindraf should know that historical wrongs perpetrated during the colonial era like the indenture system cannot be undone. Presumably, their objective is to highlight the increasing marginalisation of the Indian community in the social, economic, political, and cultural life of Malaysia.

At the end of the Second World War, the ‘Indians’ (the term today includes Indians, Pakistanis, Bangladeshis, Nepalese, and Sri Lankans) constituted about 14 per cent of Malaya’s population. A number of them returned to India during the communist insurgency and the time of troubles that followed the communal riots of May 1969. By 2000, Indians numbered 1.8 million, representing 7.7 per cent of the Malaysian population of 21.89 million. Approximately 80 per cent of them were Tamils. North Indians (mainly Sikhs) constituted 7.7 per cent; Malayalis 4.7 per cent; Telugus 3.4 per cent; Sri Lankan Tamils 2.7 per cent, Pakistanis and Bangladeshis 1.1 per cent; and others 0.4 per cent. Religion-wise, Hindus comprised 81.2 per cent of the Malaysian Indian population; Christians 8.4 per cent; Muslims 6.7 per cent; Sikhs 3.1 per cent; Buddhists 0.5 per cent; and others 0.1 per cent.

We should make a distinction between the Indian middle class (mainly non-Tamils and Sri Lankan Tamils) whose standard of living is fairly high and the working class (mainly Tamil), which is poor and getting marginalised. The working class is drawn from Dalit and other non-privileged sections of society. They continue to be weighed down by low social esteem, a condition made worse by a lack of interaction between the well off and the less well off.

A notable feature of the Indian community is its changing socio-economic profile. In 1970, 47 per cent of the Indians were engaged in agriculture, 74 per cent of them in the plantations. With rapid economic expansion and diversification, plantations have been converted for other purposes, including the construction of luxury homes. The uprooted Indians were only paid a pittance as compensation. They naturally migrated to urban areas and joined the squatter population. A few years ago, Samy Velu, president of the Malaysian Indian Congress (MIC), deplored the plight of thousands of estate workers “living in squalor in slums in dozens of long-houses and squatter settlements all over Selangor.”

A few years ago, Aliran, the journal of the Malaysian reform movement, provided statistical details that made disturbing reading: 40 per cent of serious crimes in Malaysia were committed by Indians; there were 38 Indian-based gangs with 1,500 active members; Indians contributed the highest number of those detained under the Emergency Regulations and banished to Simpang Rengamm prison. In Kuala Lumpur, 14 per cent of the squatters were Indians; they had the highest suicide rates; 41 per cent of vagrants and beggars were Indians; and 20 per cent of child abusers and 14 per cent of juvenile delinquents were Indians.

The Indian-Malay communal clashes that took pace in March 2001, the worst since May 1969, sent shock waves through Malaysia. Ethnic tensions in Malaysia are generated mainly by Sino-Malay rivalry but the heavy Indian involvement in 2001 (five of the six killed were Indians and the other was an Indonesian) was a sad reminder that in Malaysia’s progress towards prosperity Indians were being left behind.

The disadvantaged status is clearly visible in the economic sphere. The Chinese are firmly entrenched in trade, business, and industry. They are apparently reconciled to a subordinate status in political life; at the same time, they have sharpened their entrepreneurial skills and become indispensable. The status of Malays has improved steadily as a result of the energetic drive of the Malaysian government since the days of the New Economic Policy.

The deplorable status of Indian Tamils is directly related to poor educational attainments. Although the Malaysian government has expanded educational facilities in a big way since independence, the fruits of education have not percolated to the most disadvantaged sections of the Indian population. Tamil medium primary schools are in a sorry state. A single teacher handling multiple classes, ill-equipped schools with teachers lacking commitment, and high dropout rates are some of the serious drawbacks. Family life is characterised by alcoholism, violence against women, and addiction to Tamil TV channels. Obviously, all this does not provide a congenial atmosphere for study. As a result, only limited numbers of Tamil children are able to go to university.

Compounding the complex situation is a general perception that the government is not serious about preventing the destruction of Hindu temples. In the midst of fast-changing lifestyles in Malaysia, temples and religious festivals are the only visible attachment to traditions and the Indians cling to them tenaciously.
There is a close nexus between religion and Malay politics and the policies of the Malaysian government have proved to be double-edged. On the one hand, the leaders of the United Malays National Organisation (UMNO) are committed to the promotion of Islam in all possible ways. Such a policy is judged to be necessary to mobilise Malays under the UMNO banner. Else the Malays might flock to the Partai Islam (PAS) for leadership and inspiration. At the same time, the realities of Malaysia and the needs of modernisation dictate that the government must encourage a less exclusivist approach towards Islam. When the desecration of Hindu temples began in 1978, the most notable incident being the destruction of the Murugan temple in Kerling, Prime Minister Hussein Onn came down heavily on Islamic extremists. But the situation has been allowed to drift during recent years. According to Hindraf, a Hindu temple is demolished in Malaysia every three weeks, the latest outrage being the demolition of the Mariamman temple in Shah Alam.

Factional feud

The question should be legitimately asked — how effective is the Malaysian Indian Congress, which represents the Indian community in the Malaysian government, in living up to its primary ideal of safeguarding the interests of the Indian community? An Indian observer of the Malaysian scene cannot but come to a downbeat conclusion. Factional struggle and disunity have been the lot of the Indian community for six decades now. The fight for power, petty politicking, and mudslinging have been its major attributes. It is an unrelieved tale of strong man rivalry and factionalism within the MIC: Devaser vs Sambandan; Sambandan vs Manickavasagam; Manickavasagam vs Samy Velu; Samy Velu vs Padmanabhan vs Subramaniam vs Pandithar.

Self-help measures initiated by the MIC with much fanfare, have not led to any worthwhile results. For example, the Maika Holdings Bhd, started in 1982 as an investment vehicle for Malaysian Indians, incurred heavy losses, resulting in the wipe-out of the savings of a large number of indigent Indians.

Recent events in Malaysia have naturally attracted the attention of Indian leaders. Tamil Nadu Chief Minister M. Karunanidhi, Prime Minister Manmohan Singh, and Foreign Affairs Minister Pranab Mukherjee have all expressed concern over the recent turn of events in Malaysia. They have made it clear that the objective is not to interfere in the internal affairs of a friendly country but only to influence the Malaysian government to initiate immediate steps for the redress of long-pending grievances. The Malaysian official response has been unfortunate. Representatives of the Malaysian government, including the Prime Minister, have demanded that the Government of India and the Government of Tamil Nadu keep off an internal matter of Malaysia.

What is the record of the Malaysian government in this respect? As a leading member of the Organisation of the Islamic Conference (OIC), the Malaysian government has sharply criticised many governments for pursuing policies that have adversely affected the Muslim communities. UMNO and PAS, the two leading Malay parties, have on several occasions since independence criticised the policies of the Thai government, which has led to the alienation of the Malay minority in southern Thailand. Malay leaders have also criticised the government of Singapore for pursuing allegedly discriminatory policies against the Malay minority in the island. Malaysian official criticism of India, for intruding into its internal affairs, certainly sounds strange.

(Dr. V. Suryanarayan is a retired Senior Professor and Director of the Centre for South and Southeast Asian Studies, University of Madras.)

http://www.hindu.com/2007/12/07/stories/2007120753831000.htm

Dec. 7, 2007
Abdullah refutes genocide claim
By YENG AI CHUN

PENANG: If Malaysia practised genocide or apartheid, half the Cabinet would not be filled with non-Muslims, Prime Minister Datuk Seri Abdullah Ahmad Badawi said.
“When Hindraf said we carried out genocide, its allegation was a sign of evil.Please think about the Cabinet.

“Half of it is non-Malays, non-Umno members and non-Muslims,” he said at a press conference at the IMT-GT SME Conference & Expo 2007 here yesterday.
He said the Cabinet would not follow the Government if such atrocities were being practised.

“You think they (the Cabinet) would go with the government and allow themselves to be associated with it? Tak masuk akal (This does not make sense),” he said, referring to a front-page article in a foreign newspaper that claimed Malaysia was practising apartheid against Hindus.

Abdullah said only those who did not know the real situation would be hoodwinked.
The Prime Minister also expressed concern over the slew of rumours via SMS that could bring discord to the country.

“When the country gets into trouble, who will win or benefit? Nobody,” he said.
Abdullah said that instead it would affect the economy and “that is why we need to consciously guard the peace in the country.”

“We must always ensure that our relationship (between each other) is well and we must always be united,” he emphasised.

Abdullah said that based on his experience as the former Foreign Minister, he found that the international community did not understand the political situation in Malaysia and they often had a wrong perception on Malaysian politics.

“They don’t really understand the power-sharing concept practised by the Barisan Nasional Government because such cooperation of political parties has never worked and existed in their countries,” he said.

http://thestar.com.my/news/story.asp?file=/2007/12/7/nation/19689311&sec=nation

Malay Hindu community – beleaguered

“Couple with this the fact that Indians have the lowest share in the country's corporate wealth and the highest rates of suicide and detention. The pattern that emerges is clearly that of an ethnic and religious minority facing discrimination socially, economically and culturally. Worse, with the increasing clout of Shariah courts the apartheid is gaining a legal dimension… Now it is up to the people of India, and the duty of Hindu nationalists, to take up the cause of the Malaysian Tamil Hindus and demand that the Indian government speak up for them.” (Aravindan Neelakandan)

“The veil and the beard are now ubiquitous throughout Malaysia, with some enclaves already implementing a Wahabbi Lite version of what is wrongly termed "sharia" law, a system of jurisprudence avoided by all but states such as Sudan, Saudi Arabia and Iran… Prime Minister Badawi is pushing for Malaysia to join the front rank of the "knowledge" states, able to compete globally with India or even in time the European Union. This is possible, but only once Malaysia frees itself from the legacy of religious and ethnic discrimination that has led to the alienation of those outside the fold of privilege.” (M.D. Nalapat)

Commentary: Malaysia's beleagured Indian community
NAGERCOIL, India, Dec. 6
S. ARAVINDAN NEELAKANDAN

It seems that historical injustices permeate the existence of all humanity. What happens when a section of humanity is violently plucked from its motherland and transplanted to another region in dreadfully subhuman conditions? It is unthinkable.

But what if that community, now reduced to an ethnic and religious minority in the country where it is has been transplanted without a choice, is further reduced to desperation through the denial of economic and religious freedom? Does it produce terrorists? Suicide bombers?

If the community happens to be a pacifist one like the Hindu Tamil community in Malaysia, it may wave pictures of Mahatma Gandhi in the face of water cannons and eye-stinging chemicals, as happened during a peaceful protest in Kuala Lumpur last month.

The protesters started by chanting Vedic hymns. Peacefully they defied the ban on the rally. Tactfully they petitioned the Queen of England, for it was British colonial rulers that brought them as indentured laborers to Malaysia over a century ago.

Today they see the state marginalize them. They see the state destroy their temples with bulldozers. They see their families split by a state that practices what can only be called religious apartheid.

Decades of discrimination and humiliation forced thousands of men and women into the streets despite the ban order. Peacefully they faced the water cannons. They sat cross-legged in the lotus position, braving the streams of water laced with chemicals.Women were chased by police who caught and chained them. Men were beaten mercilessly. Even the sacred temple at Batu Caves faced police wrath. Even though police denied firing teargas inside, photos posted on the Internet say otherwise.

Whether it is the posthumous conversion and forced Muslim burial of Hindu mountaineering hero M. Moorthy, or the forcible removal of her child from a mother charged with apostasy from Islam, or the demolition of scores of temples belonging to Hindus -- all have made the minority Tamil Hindus feel very insecure.

Couple with this the fact that Indians have the lowest share in the country's corporate wealth and the highest rates of suicide and detention. The pattern that emerges is clearly that of an ethnic and religious minority facing discrimination socially, economically and culturally. Worse, with the increasing clout of Shariah courts the apartheid is gaining a legal dimension.

The public rally was the expression of Indians' insecurity and righteous anger at the injustice and humiliation meted out to them. By petitioning the Queen of England with pictures of Mahatma Gandhi, the Malaysian Hindus have also sent a subtle message that they do not pin their hopes on India, the nation to which they should rightfully have turned. But can Indians blame them?

The Indian prime minister who lost sleep over the arrest of an Indian terror suspect in Australia is maintaining a slumber-like silence over the Malaysian incidents. Despite its ritual invocation of Gandhi's name, the ruling Congress Party seems unmoved by the violence meted out by the Malaysian government to Gandhian protestors of Indian origin.

In Tamil Nadu the chief minister wrote a letter to the prime minister. Hindu nationalist organizations have made complaints to the Malaysian Embassy. But the Indian media -- with the notable exception of the Times of India -- have maintained a cold silence on the subject.

Certain newspapers have even tried to water down the entire issue. For example The Hindu, a Chennai-based English daily, reported thus on Nov. 26: "A group, called the Hindu Rights Action Force, on Sunday defied a court order and staged a rally in Kuala Lumpur, protesting against the alleged 'marginalization' of the ethnic Indian minority in Malaysia. Police used water cannon and tear gas to disperse the agitators at one or two places in the city in the morning. The group had mobilized at least a few thousand activists in a rare show of defiance by the members of the community."

Compare this with the way the Telegraph, a British newspaper, reported the same event: "Malaysian police attacked thousands of peaceful protesters with tear gas and water cannon yesterday as they attempted to present a petition to the British High Commission in Kuala Lumpur."

Is there any wonder that the Malaysian Tamil Hindus are petitioning the British Queen and not the Indian High Commission? The silence of the Indian government is a measure not only of its insensitivity but also a manifestation of how far the Indian pseudo-secular state has moved from the values that resonate with Indic hearts everywhere. Now it is up to the people of India, and the duty of Hindu nationalists, to take up the cause of the Malaysian Tamil Hindus and demand that the Indian government speak up for them.

--

(S. Aravindan Neelakandan is a social scientist working with an ecological NGO called Vivekananda Kendra -- Natural Resources Development Project in Nagercoil, India. He is also a freelance writer and author of the Tamil-language "God and 40 Hz.")

http://www.upiasiaonline.com/Human_Rights/2007/12/06/commentary_malaysias_beleagured_indian_community/2181/

Commentary: Is Malaysia going the Sri Lankan way?
MANIPAL, India, Dec. 5
M.D. NALAPAT

Like the Pakistan army, which has jihad as its official motto, the rulers of Malaysia claim to represent the "moderate" face of Islam. However, ever since former Prime Minister Mahathir Mohammad introduced Wahabbism Lite into Malaysia in 1981, the practice of discriminating against all other creeds has evolved.

Across Malaysia today there is a rolling back of the 2,000-year-old culture of the Malays, brought with the Chola and Srivijaya kings from India. In place of this tolerant and syncretic tradition -- which is still strong in neighboring Indonesia despite attacks from cultural extremists -- some of the Malaysian leaders have sought to introduce the harsh tones of the Saudi desert and the mindset of the ancient Bedouin, as far as possible in a modern economy.

The veil and the beard are now ubiquitous throughout Malaysia, with some enclaves already implementing a Wahabbi Lite version of what is wrongly termed "sharia" law, a system of jurisprudence avoided by all but states such as Sudan, Saudi Arabia and Iran.

Cash and preachers from Saudi Arabia and other countries linked to the Wahabbi International have been allowed to enter Malaysia freely. Politicians from the country's United Malays National Organization maintain cordial links with the Pakistan army. Mahathir himself even adopted a Pakistani boy.

Ironically, Mahathir Mohammad's contribution to the religious radicalization of Malaysia has been covered up by his high-decibel anti-Western rhetoric, which has given him a "nationalist" image. A genuine nationalist would have sought to unify rather than divide Malaysian society. But under Mahathir, Malay Muslims -- especially the Wahabbi element -- were aggressively favored by the state over the Chinese and the Indians, even those who were themselves Muslim.

Both the army and the police force have become instruments of Malay privilege. After nearly three decades of state-sanctioned repression, it was no surprise that a group of Malaysian Hindus, who make up 2 million of the country's population at the bottom of the economic ladder, mustered the courage to stage a peaceful protest against the destruction of several dozen temples by the Malaysian authorities, demolitions conducted for the most part without explanation or compensation.

The ruling elite has thus far succeeded in keeping the Muslims within the Malaysian Indian community away from the agitation, arguing that the destruction of temples, several of them of historical value, had no effect on them as Muslims. Yet the anger of the Malaysian Indian community is palpable and has not been doused by denunciations from top Malaysian officials, including the regime's "Indian" face, minister Sami Velu.

Malaysia's state-sanctioned policies against ethnic Indians resemble those introduced in the 1950s by Prime Minister Solomon Bandaranaike in Sri Lanka, who made it exceedingly difficult for Sri Lankan Tamils to get a university education or a government job. After more than 16 years of such discrimination, several Tamils embraced the Liberation Tigers of Tamil Eelam and launched a violent struggle that has continued for more than a quarter of a century.

The dirt-poor, seething Malaysian Tamils, including Muslims, are ideal recruiting material for a local variant of the LTTE, or even a branch of the Sri Lankan organization, eager to burnish its Tamil credentials worldwide. Rather than using police and other security agencies to batter its own citizens into submission while billing itself a democratic state, the Malaysian government should study the history books to avoid the quagmire that the Sinhalese fanatics landed in by their anti-Tamil policies.

Unlike China, which stays out of issues where people of Chinese ethnic origin are involved, India's domestic politics make it mandatory for the New Delhi government to seek justice for ethnic Indians, especially in a country like Malaysia, which is within its geographical back yard and with which it has close cultural and business links.

In a global society, it is no longer possible for Malaysia's Malay leaders to wall off their country from international scrutiny. Thanks to their bitter experiences in Sri Lanka, Tamils worldwide have built up a substantial network of information outlets. Several of these are disseminating details of ongoing policies designed to confine them to the margins of the Malaysian economy and society.

The new prime minister of Malaysia, Abdullah Badawi, has demonstrated a moderate and modernizing mindset, and has quietly reversed some of the Wahabbi Lite policies introduced by his fiery predecessor. Interestingly, several key leaders of the UMNO, including some ministers, have now come out against the destruction of the temples that caused the present flare-up. Those responsible have been pulled up and warned to stop, even though official rhetoric against the organizers of the protest continues.

In a throwback to the Mahathir era, when dissent could be punished by imprisonment on trumped-up charges of sodomy, the organizers of this entirely peaceful protest have been prosecuted for "sedition" against the state. In actuality, it is those responsible for creating a system of ethnic-based privilege and religion-based discrimination that should be booked under such laws, for they are putting at risk Malaysia's future as a tranquil and prospering country.

The poisoned fruits of the Mahathir era have now emerged in the open, but the odds are that the new dispensation will see in the recent agitation -- and the worldwide publicity that followed -- a wake-up call to halt and reverse the country's steady retrogression into a Wahhabi Lite state, along with the likes of Bangladesh and Pakistan.

Prime Minister Badawi is pushing for Malaysia to join the front rank of the "knowledge" states, able to compete globally with India or even in time the European Union. This is possible, but only once Malaysia frees itself from the legacy of religious and ethnic discrimination that has led to the alienation of those outside the fold of privilege.

--

(Professor M.D. Nalapat is vice-chair of the Manipal Advanced Research Group, UNESCO Peace Chair, and professor of geopolitics at Manipal University. ©Copyright M.D. Nalapat.)

http://www.upiasiaonline.com/Politics/2007/12/05/commentary_is_malaysia_going_the_sri_lankan_way/2884/

Call on AG to agree to bail for 31 Hindraf protestors - emergency debate in Parliament on MondayI have this morning given notice to the Parliament Speaker, Tan Sri Ramli Ngah, to move an emergency motion on Monday on the allegation by the Inspector-General of Police, Tan Sri Musa Hassan, that Hindraf is linked to terrorists and is canvassing for support from terrorist groups.

It will be Malaysia’s misfortune and tragedy if the government’s sole concern is to indiscriminately demonise the Hindraf leaders over their allegations of “ethnic cleansing” and genocide of Indians in Malaysia which were not the reasons for the 30,000-strong Hindraf demonstration in Kuala Lumpur on November 25 and use them as excuses to completely disregard the legitimate grievances of two million Malaysian Indians at their long-standing marginalization as Malaysian citizens.

I am shocked at the Attorney-General’s role in the escalation of such “denial-and reprisal” response – belatedly charging 31 Hindraf protestors for the capital offense of attempted murder of a cop and objecting to any grant of bail, resulting for all intent and purpose of their being immediately jailed in Sungai Buloh prison indefinitely for months on end until the end of the trial.

If this is not a travesty of justice, I do not know what is!

Tan Sri Gani Patail must know that as Attorney-General, he is the chief legal officer not only of the government but for all 27 million Malaysians and he must not act in any vengeful, vindictive or bullying manner – something which he seemed to have forgotten in the past two days in his appearance in court over the prosecution of the Hindraf protestors.

I urge him to reconsider his objections to the granting of bail to the 31 protestors and to agree to their release on bail pending trial and to take the personal initiative to submit such an application to the court – or he will be doing a great injustice and disservice not only to the public image of the Attorney-General’s Chambers, but to popular support for the Barisan Nasional government.

My urgent motion for an emergency parliamentary debate on the IGP’s allegation of terrorist links of Hindraf is as follows:

“That the House gives leave to Ketua Pembangkang YB Lim Kit Siang to adjourn the House under S.O. 18 (1) to discuss a definite matter of urgent public importance – the allegation by the Inspector-General of Police Tan Sri Musa Hassan that Hindraf is linked to terrorists and that Hindraf is actively canvassing for support and assistance from terrorist groups.

“The IGP alleged on Thursday that Hindraf had given a twisted and distorted picture to the international community on the status of Indians in Malaysia, but is the police chief committing the same offence in giving a twisted and distorted picture of Hindraf with its allegation about its terrorist links without furnishing any supporting evidence?

“The IGP’s allegation of Hindraf’s terrorist links without any evidence whatsoever is a matter of grave national concern as it marks the escalation of the hardline denial-and-retaliation response of the authorities to the 30,000-strong Hindraf demonstration in Kuala Lumpur on Nov. 25 as a cry of desperation for justice by two million Malaysian Indians for an end to their long-standing marginalization whether political, economic, educational, social, cultural or religious.

“Criticism of Hindraf allegations of ‘ethnic cleansing’ and genocide of Indians in Malaysia cannot be excuse or justification for the denial-and-retaliation response of the authorities, refusing to heed the cry of desperation by two million peace-loving and law-abiding Malaysian Indians for a New Deal to end their long-standing marginalization as equal Malaysian citizens or to make unsubstantiated allegations of terrorist links against Hindraf or for the harsh and belated decision by the Attorney-General to charge 31 Hindraf protestors for the capital offence of attempted murder of a policeman and objecting to the granting of bail resulting in their being held in custody in Sungai Buloh Prison indefinitely for months until the end of their trial.”

I call on MIC President and Works Minister, Datuk Seri Samy Vellu as well as all other MIC members of the administration, whether deputy minister, parliamentary secretary or Member of Parliament, to signal their support for such an emergency parliamentary debate on Monday.

http://blog.limkitsiang.com/2007/12/07/call-on-ag-to-agree-to-bail-for-31-hindraf-protestors-emergency-debate-in-parliament-on-monday/ (Lim Kit Siang for Malaysia)

Police should also be charged with attempted murder
by Richard Teo

Malaysians in general and Indians in particular must be appalled at how the Attorney-General could charge 31 Hindraf protestors for the dubious crime of attempted murder.
Surely the charge can only be valid if the perpetrator of the crime can be identified. There is no justification to detain the 31 members if the crime was committed by a single individual. The prosecutor cannot expect the court to believe that the 31 perpetrators were responsible for throwing an object which specifically caused injury to the police officers.

How could the prosecutors cast a net so wide and hope per chance that it may catch the culprit from amongst the 31 protestors? Obviously not all of the 31 protestors were responsible for the single injury caused to the officer. Therefore will justice be served if the law punish the 31 Hindraf members just because one of them caused injury to the officer?

Can our justice be so vicious that 31 individual should pay the price for a crime committed by one individual? That in essence is what the Attorney-general is doing and in doing so he has made a mockery of our judicial system.
But in reality what was the crime committed by the 31 protestors?
By the same token, there were several protestors who suffered head injuries when the police fired tear gas canisters laterally at the crowd. Video clips taken on that day confirmed that quite a number of the protestors suffered injuries as a result. By the same logic the police officers who fired the tear gas canisters can also be charged with attempted murder.

Further the clips also showed that in retaliation some of the protestors flung the canisters back at the police thus perhaps causing the injury to the police officers.
If such a scenario did occur, how could any one be charged with attempted murder? The act of throwing back the canisters in retaliation was merely a natural response to the action of the police in the first place. Is it acceptable for the police to fire indiscriminately at the crowd with the possibilty of causing injury to them whilst it is against the law for the victims to retaliate in a similar fashion?

What is perhaps even more shocking is the refusal of the judge to grant bail to the 31 protestors.This literally means that the 31 Hindraf members whose guilt has not even being established will now have to start serving time before the actual trial
commence. Anyone familiar with our legal system will tell you that it will be light years before they will see justice in the court.

The act of charging the 31 protestors by the Attorney-General, Gani Patail is not only a travesty of justice but serves to confirm the lingering suspicions that the Attorney-General’s chambers and the judiciary are beholden to the executive.

http://blog.limkitsiang.com/2007/12/07/police-should-also-be-charged-with-attempted-murder/