Selamat Gawai Dayak Gayu-Guru Gerai-Nyamai!

Ditu aku ngajih semua kaban belayan enggau semua bangsa dayak ba menoa kitai tu “Selamat Gawai Dayak, gayu-guru, gerai-nyamai!” Endang patut kitai sama ngerami ke ari besai tu enggau ati ti gaga lalu sama sama rindu ke semua bangsa. Aku pun arap semua orang bangsa dayak maju semoa dalam pengidup sida.

The dayaks are the people of this land but the Dayak Day was never been recognized by the rulers in this country until 1962! It was only in 25 September, 1964 that the Dayak Day was gazetted as a public holiday and was first celebrated on 1 June, 1965. Since then, this day had become a symbol of unity, aspiration and hope of the dayak community, but, it is difficult to see a united dayak race fighting along each other against the exploitations of this government against them. The symbol of unity, aspiration and hope, will just remain a dream only.

The dayaks were at one time very united under SNAP, then PBDS and now they are “parked” in obscure corner of the ruling parties and given minor roles to play in the government.

Although dayaks is a major race in the country, they were not collectively recognized as dayaks in the Federal Constitution. They were only known as “natives” and for the purpose of the definition of “natives” in the Federal Constitution, the words “iban” and “bidayuhs” were not used to define these two big ethnic groups of dayaks in Sarawak. Something must be very wrong with this government and the BN government should come up with a reasonable explanation for this.

Why the dayaks when they are to fill in forms from many agencies, they could not find “dayaks” in the many special columns provided in the forms? So, dayaks have no choice, but, consider themselves as “others”. This was not what they wanted and neither was their doings. Are they foreigners in their own land? Definitely, not!

To dayak people, do not give up and you all have to stand up be counted and fight all injustices against you. May this Gawai Dayak bring you closer to each other to realize your dream of a more united race.

Sama sama kitai agi engcelak agi bebatak. To end here, “Selamat Gawai Dayak”. Enggau tu, sekali agi aku ngajih kita “Gayu guru, gerai-nyamai, lantang ngereja semua pengawa.”

Challenge by Dr. George Chan & SUPP to Opposition to set-up Schools.

The challenge by Dr. George Chan and SUPP to Opposition to set-up schools was like challenging a cow to jump over the moon. Dr. George Chan and SUPP should know despite being in power, SUPP could only get the government to allow to build two Chinese schools, that is, Chung Hua School No.6 in Sg. Maong in Kuching and also another one in Tudan, Miri, in the past 39 years since SUPP was in the government. They should know that these schools were built because of political pressures from the DAP and the Chinese community. Dr. George Chan and SUPP should know that it is the responsibilities of the government to build schools and to challenge DAP and the Opposition to build schools shows how irresponsible they are as leaders of the Party and as leaders of the Chinese community.

In 1978 when DAP and 4238 Chinese guilds and associations throughout Malaysia was fighting for the setting-up of the Merdeka University, SUPP leaders helped UMNO to opposed the move in public. SUPP also did not support the motion in Parliament by the DAP to amend the Universities and University Colleges Act 1971 which could have paved the way for the formation of Merdeka University. Why? They were too scared of UMNO!

SUPP also did not sign the Memorandum to the King for the setting-up of the Merdeka University. (ref: South East Asian Studies Vol. 34 No. 2, September 1996 "The Sarawak Chinese Voters and their Support for the Democratic Action Party (DAP)" by James Chin at page 393). DAP and these Chinese guilds and associations had to solicit money from the public to get Mr. Michael Beloff QC., and 10 other lawyers to fight the case in court. The Chinese in Sarawak should still remember and their children should also be informed of the “Merdeka University $1 per head legal fund campaign” launched by DAP Sarawak which collected nearly $280,000-00 (Berita Petang Sarawak 13 June, 1980) to engage Mr. Michael Beloff and legal experts to fight the case in court. Where was SUPP at that time? So do no simply accused DAP of not doing anything!

Although the proponents of the Meredeka University also stressed the use of English and malay in the proposed Merdeka University, the proponents lost their case in the highest court of the land because it was ruled to have conflicted with the national education policy which, by Article 152 of the Federal Constitution, promotes the use of malay language in educational institutions.

Therefore, if SUPP is genuine to help the development of the mother tongue as medium of instructions in schools, SUPP should move a motion in Parliament to get the BN government to amend the Federal Constitution, the Universities and University Colleges Act 1971 and also the Education Act 1996. The laws should allow not only primary and secondary schools be built, but, also the building of universities. Without the Federal Constitution and relevant laws being amended, SUPP was challenging DAP and others to jump to the moon. This showed how irresponsible SUPP was to throw such a challenge and to politicize the issue.

Even if the Federal Constitution be amended, which is unlikely, SUPP must also see that permits issued for the setting of these schools should not come with it unnecessary restrictions, incapable of performance by the proponents. The permit should allow not only the use of the mother tongue in these institutions, but, also English and other languages and also should allow participation by foreign universities from countries like the United States, United Kingdom, Australia and China possible. If these could be done, I am very confident that many countries and foreign universities will participate to promote education in this country for the benefit not only for the country, but, also for this Asian Pacific region of the world. Parents will then, have no worry to send their children to seek further education somewhere else.

Not only that, SUPP should get the BN government to donate land to set-up schools and these land should be land in the cities and not in the forests away from the people. If PAS government in Kelantan could give land to the Chinese community to take care of their community and their schools, there is no reason why BN government could not do this.

Even if schools could be built, SUPP should also ensure that the BN governments shall give recognition to all academic certificates and graduates that graduated from these schools and universities later on.

So, Dr. George Chan and SUPP do not simply shout and challenge others when you yourself although in the government could not do much. You get the laws be amended first and put everyone on the same level of playing field before you throw challenge at others. You and your Party had failed miserably all these 39 years to help Chinese education and you could only boast 2 schools but even that with the political pressures of the DAP and the Chinese community.

FLOOD MITIGATION FOR KUCHING

There is no need for a flood mitigation scheme had we not going against the law of nature. Why massive felling of tress? Why the barrage? Experts had warned against the effect of building the Sarawak Barrage across the Sarawak River. Who benefitted from the barrage? Was it not for the feng shui of the crocodile living somewhere near to the river?

We had been told in an expert report from UK that if the barrage had to be built across the Sarawak River, a diversion channel must be built upstream to let water from the upper stream of the Sarawak River to flow to the seas. It was said in 1991, that the diversion channel only could cost us RM70 million. Now, the State Minister of Urban Development and Tourism Minister, Datuk Michael Manyin said that this will cost RM2 billion to save Kuching City from floods and this flood mitigation scheme can only be completed at the end of the 10th Malaysian Plan. This shows poor planning by the state government.

It was also been announced by the said Minister that a tender for the proposed Sungai Padungan Mitigation Project (Phase II) and Sungai Maong Paroh will be out at the end of this month. These projects will eat into our pockets another RM50 million as disclosed by the Minister. With all these projects, who will be their beneficiaries?

Laws on Assembly, Meeting & Association, unconstitutional

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Freedom of association and assembly is one of the most important fundamental rights of human beings. It was a right given to us by God. When God made man, God didn’t want man to be lonely, so God created a woman for him and with the warmth of the woman, they bore many children. God gave them the power of speech and the ability to speak and understand each other and with this lie the right to association and meetings. The world was for them and their children to live and move around and God never imposed any condition on their movement and association. But in Malaysia, we have laws that went against God’s will that took or curtailed our God given right of freedom of association, assembly and meeting.

We need what God gave us, that is, free movement and also the right to speak and meet with each other in public, but, in Malaysia, our movements, assemblies, associations and meetings are regulated by the Police Act 1967, the Penal Code and the Criminal Procedure Code.

Although Article 10(1)(b) of the Federal Constitution, protects the right to peaceful assembly without arms, but, under section 27(5) of Police Act 1967, peaceful assembly must also be with licence. In Malaysia, laws on assembly, meetings and procession have always been harsh on politicians and political organizations. Therefore, the rule of equality before the law as provided under Article 8(1) of the Federal Constitution seems has no application when politicians are involved. Whether politicians could get fair justice and fair trial in courts is also another matter.

Under the Federal Constitution, the judges were all appointed by the King, but, upon the advice of the Prime Minister. Being appointed upon advice of the Prime Minister, how independent could our judges be from political influence when judging cases involving politicians? There had been much talk by the people in the street and this had easily aroused suspicion.

Article 10 of the Federal Constitution does not talk about licence for assembly or meeting. Here, it gives the judge a choice, that is, whether to enforce the spirit of the Constitution or the letter of the law. If the spirit of the Constitution which allows peaceful assembly without arms be followed, then, the issue of licence does not arise, but, if the particular judge looks at the letter of the law, then, licence under section 27(2) of the Police Act 1967 has to be required before you can get involved in any assembly, meeting or procession.

Under the Police Act 1967 when two persons assemble or meet even for food, driving in a car in public road or standing on the roadside in public without licence issued by the police as required under section 27(2) they could be arrested. This is provided under section 27(5)(a) of the Act itself. The law is clear because it only take two persons for an assembly, meeting or procession.

Section 27(5) of the Police Act 1967 has two limbs which read:-

“Any assembly, meeting or procession –
(a) which takes place without a licence issued under subsection (2); or,

(b) in which three or more persons taking part neglect or refuse to obey any order given under the provisions of subsection (1) or subsection (3),

shall be deemed to be an unlawful assembly, and all persons attending, found at or taking part in such assembly, meeting or procession and, in the case of an assembly, meeting or procession for which no licence has been issued, all persons taking part or concerned in convening, collecting or directing such assembly, meeting or procession, shall be guilty of an offence.”

This provision of section 27 of the Police Act 1967 gives much arbitrary power to the police to arrest any person they wanted. It seems that read literally law enforcement officers themselves, including the police can also easily commit an offence under this proviso, but, so far no reports had been made against the police for assembly without licence when themselves were in the assembly or when enforcing law and order. The law does not exempt police officers from committing an offence. This is also on the premise that no one is above the law, not even law enforcement officers.

If the Barisan Nasional government says that there was no discrimination in the enforcement of laws in the country, then, unless they have licence to assemble issued under section 27(2) of the Police Act 1967, all the Barisan Nasional and Pakatan Rakyat assemblymen in Perak including all dignitaries and people who assembled at the roadside and building of the Legislative Assembly in the last few months should be charged in court under section 27(5)(a) the Police Act 1967 and see how the judges chosen by Barisan Nasional government going to judge the case. This will settle once and for all the allegation of selective prosecution and the issue of equality before the law.

DUN Questions 11-20 May 2009

Q. 1 To as YB Minister of Land Development

(i) Give details of land alienated by the state government since 1990, if any, to the past and present Honourable Members of this august House and their immediate family members and also to the companies in which they or their family members are shareholders.

(ii) If there had been such alienations, please state the reasons for the alienations?

(iii) Who are the Honourable Members or companies in which the Honourable Members and their family members have shares still awaiting, if any, the approval of their applications of land from the state government?

(Oral Answers)



Q. 2 To Ask YAB Chief Minister of Sarawak

(i) Give details of government projects undertaken by Cahaya Mata Sarawak Berhad in the past seven years and how effective the company was in completing the projects in accordance with schedules?

(ii) Give details of complaints of work, if any, of government projects undertaken by Cahaya Mata Sarawak Berhad since the past seven years and if there were such complaints what steps the state government had undertaken to rectify them to ensure efficiency of services and delivery?

(iii) Name these projects undertaken by Cahaya Mata Sarawak Berhad and the contract costs of each project?

(iv) There had been comments and interviews in a recent Aljazeera television programme involving the former state secretary and also our Minister of Lands Development which suggested that there seemed there could be lack of transparencies in the awards of government projects to Cahaya Mata Sarawak Berhad. What has the state government has to say about the Aljazeera interviews?

(v) Please give reasons why the Chief Minister was said had declined to be interviewed to enhance the image or to clear any possible doubts about the operations of Chaya Mata Sarawak Berhad?

(Oral Answers)



Q. 3 To ask the Minister of Environment and Pubic Health

(i) How many patients had died, if any, for each year from 2000 – 2008 during operations and surgeries and also how many had died during after care operations and surgeries in the Sarawak General Hospital, Sri Aman General Hospital, Sibu General Hospital and Miri General Hospital, respectively?

(ii) What were the causes of the failures of the operations or surgeries that led to these deaths and what had the authorities done to rectify the problems and to ensure safer operations and surgeries with the view of reducing these deaths?

(iii) How many patients died in these hospitals during treatment and medical care (not inclusive those who died during and after operations and surgeries) during same period 2000 – 2008?

(iv) Please give details of common sicknesses and the number of patients that had been admitted and also patients receiving out patient treatments in these said hospitals during the same period.

(Oral Answers)


Q. 4 To ask YAB Chief Minister.

(i) In the past ten years how many people were injured, shot dead or killed in the state by the following authorities in pursuit of their arrests and law enforcement and also how many were injured or died during detention by:-

(a) police officers;
(b) Customs officers:
(c) Immigration officers; and,
(d) Prison officers.

(ii) Please give details of each people injured, shot dead or killed by these officers and also please give details of people injured or died during detention by them and also the causes of their deaths during detention.
(Oral Answers)


Q. 5 To ask YB Finance Minister

(i) So much talk about our oil and gas royalties, but, what action had been taken by the state government in the past two years to have the Federal government reviewed to increase these royalties and may the details to be disclosed of the negotiations?

(ii) What will be the strategies of the state government in pursuing the increment of these royalties for the state and how soon the state government going to pursue these strategies?

(iii) How much royalties and other payments, if any, still remained in respect of our oil and gas by the Federal Government and what strategies or planning the state government will pursue to make sure that the federal government pay us in time all these royalties and payments?

(iv) How much oil and gas reserve Sarawak still has at this moment and given the current production how long can our oil and gas last?

(Oral Answers)



Q. 6 To ask the YAB Chief Minister

(i) What steps the government had undertaken and will undertake to ensure a more balance racial representation in the state civil service and also a more balanced racial representation as heads of government departments and also as holders of key posts in the civil service?

(ii) At the present trend most heads of departments and holders of key posts in the civil service were muslims and the number of West Malaysians becoming Heads of Departments had been increasing over the years, why?

(Written Answers)




Q. 7 To ask the Minister of Social Development and Urbanization
(i) Give details of racial breakdown of Sarawakians still living below the poverty line and what programmes, if any, both the state and federal government had undertaken to uplift them from present poverty?

(ii) How effective had the government been in the past ten years in fighting against poverty among the people in both the urban and rural areas?

(Written answers)



Q. 8 To ask the Minister or Social Development and Urbanization

(i) What programmes the state and federal government had to improve further the following popular sports in the state?
a. Football;
b. Badminton;
c. volleyball;
d. basketball; and,
e. athletics

(ii) How successful was the state in the past five years in these sports?

(Written answers)


Q. 9 To ask Minister of Planning and Resource Management

(i) How many leaseholders who applied but are still waiting for the approval of the extension of their land leases and to those who are still waiting how soon the government will clear their applications?

(ii) For those who have applied for the extension of their leases, how many have been rejected, if any? Please give reasons for their rejections?

(iii) For those whose lands have been placed under section 47 notices under the Sarawak Land Code what had the government done so far to ensure speedy decisions to be made on these lands and if no decisions have been made, why the state government still failed, neglected and or refused to uplift these notices?

(iv) How many and where were the lands affected under these section 47 notices of the Sarawak Land Code?

(Written Answers)


Q.10 To ask Minister of Deputy Chief Minister II

(i) During recent floods early this year 2009 how many flood victims in Kuching District had received financial help for the government and how many still, if any, had not received theirs?

(ii) Please give reasons for the delay of the hand-outs of these relief funds.

(iii) What is the amount of stand-by funds for natural relief disaster operations in the State at this moment?

(Written answers)

LEADERSHIP – 1 MALAYSIA CONCEPT

Contrary to democratic norm, instead being elected, all prime ministers in Malaysia were all appointed from UMNO because there was never an election for Prime Minister and our present Prime Minister Dato’ Seri Najib Tun Razak is also no exception. Being the President of UMNO Baru, the son of Pahang automatically became the Prime Minister. The Malaysia political reality is that only those from UMNO can become Prime Minister! This surely is contrary to One Malaysia Concept! Therefore, by not being elected, but, appointed, it is not known whether our present prime minister could command the respect of most Malaysians. Being not elected but being appointed to the office of the Prime Minister, the Prime Minister tried to make himself acceptable and popular among Malaysians and abroad by promoting his People Come First One Malaysia Concept.

His predecessor Pak Lah, when launching Islam Hadhari at least outlined to Malaysians what that concept was all about. Islam Hadhari was an original concept of Pak Lah of government and administration based on Islamic principles and teachings, but, this Prime Minister only shouted slogan to attract the attention of Malaysians and foreign people, with no original idea at all! The Prime Minister’s idea of a One Malaysia was also sketchy in which he need to explain in clear, simple terms the true concept and meaning behind it. Although not explained, at a glace of the said slogan, unless explained, it could be understood that the Prime Minster’s People Come First One Malaysia Concept was nothing, but, a copy cat of the concept of Malaysian First, People Comes First, by the Democratic Action Party launched in Kuala Lumpur in August 2008 during the Democratic Action Party 15th Triennial Party Congress based on the political vision for a Clean, Accountable and Transparent Government.

Malaysians, especially, Sarawakians, should be wary the direction this Prime Minister would bring us to. It was no more than a move to retain the confidence of East Malaysians in the Barisan Nasional government, but, also an opera mask to win back support of Malaysians caused by the heavy losses of the Barisan Nasional during the recent 12th General Election.

How can there be One Malaysia when UMNO Baru still holds on to race politics where policies implemented were with extreme racial overtones and marginalization of other Malaysian races and also the marginalization of many malays and native people of Sabah and Sarawak? If the Prime Minister is serious to sell his People Come First, One Malaysia Concept, then UMNO Baru should be dissolved or its Constitution changed so that United Malay National Organization should become United Malaysian National Organization where all races can join so that when policies to be implemented by the Barisan Government pushed through by UMNO Baru will have without race as a considered factor and will have a better sense of equality, fairness and justice for all.

To Sarawakians, there is no reason why we should not be wary because all these while UMNO which led Malaysia of which our beloved state is part of it, had been marginalized in terms of financial provisions, developments, ministerial posts in federal cabinet, positions in government linked companies, senior posts in federal government departments and we must understand that UMNO led government had been “siphoning” too much of our state’s oil wealth and revenues collected by federal departments in the state where these money were used to help develop West Malaysia to what it is today and leaving East Malaysia still very much undeveloped.