Showing posts with label Accountability. Show all posts
Showing posts with label Accountability. Show all posts

Thursday, September 24, 2009

If our politicians are working only for their own interests, it is because we do not make them work for ours!

Dear Readers,

Hope you all had happy and meaningful Hari Raya holidays, because now it's time to get back to the work we must all do: bringing change to our country, beginning with ourselves.

Raja Petra wrote an excellent article, "Me serve the rakyat? Nah!", published on Malaysia Today yesterday. While I can't vouch for the factuality of the specifics RPK reported as going on behind the scene of Pakatan Rakyat Selangor, on the whole it seems plausible to me. However, what struck me the most were these words (bold emphasis mine):
It is therefore not difficult to understand why there is so much chaos in Pakatan Rakyat Selangor. Not only are PKR, DAP and PAS trying to outmanoeuvre each other. Internally, within PKR, DAP and PAS, there are many factions and each is trying to kill off the other.

We have inter-party and we have intra-party wars going on. And it is all because no one is interested in bringing changes or to serve the rakyat. They are only interested in seeking power because politicians naturally lust for power.

So we, the people, need to keep them in check. If power goes to their heads they will very quickly forget that it was the people who put them there. They will forget that they are supposed to work for the rakyat. They will become just like Barisan Nasional in thinking that the rakyat are the slaves while they are the masters.

Never trust politicians. They will use us when it best suits them. Then they will turn on us and betray the trust we gave them. And that is why the need for some of us to remain as political activists and not become politicians. This is so that we can whack the politicians when they forget themselves, which will be as soon as they win the election and form the new government.

Please read the entire article here. I feel that RPK has put it in the best way possible: if we elect a particular set of politicians, and expect that they will automatically do what is right and good for our country because (we hope) that they are good people, then we are in for a big disappointment. While I believe that there are individual politicians who are principled, the prevailing political culture and system, compounded by we Malaysians' apparent apathy to values and good governance, make it difficult for them to make their voices heard over the shrill cacophony of self-interest. As Franklin D. Roosevelt told A. Philip Randolph, who had just given FDR an earful on what direction America should be taking (my bold emphasis):
"I agree with everything that you've said, including my capacity to be able to right many of these wrongs and to use my power and the bully pulpit. ... But I would ask one thing of you, Mr. Randolph, and that is go out and make me do it."
If we want our government and politicians to listen to us, and act to promote our interests and aspirations, we have to make them do it. We have to have press freedom so that what they do behind closed doors is exposed in the open. We need to tell them what we want, keep track of their promises, and hold them accountable when they don't deliver. We need to fight for what is right whenever it is right, not just when it suits us or ours. We need to unite our voices so that when we speak, they sit up and listen. We cannot do this as long as we identify ourselves by our race and religion, as Umno/BN wants us to.

Our end goal must be to establish a new political culture in Malaysia: one where the rakyat's interests come first, and one where only principled leaders have a chance of being elected to office.

I believe that the Saya Anak Bangsa Malaysia initiative is an excellent platform from which to make our politicians work for us instead of the other way around. Please read their charter here, read the SABM powerpoint presentation here and see Haris Ibrahim's speech here.

Whatever we want Malaysia to be, it's not going to happen if we just watch from the sidelines. It's time to get involved, people! ARE YOU, YOUR FAMILY MEMBERS AND FRIENDS REGISTERED VOTERS?

Sincerely,
Malaysian Heart

Friday, September 4, 2009

What possessed the protesters? - Article by Jacqueline Ann Surin from the Nut Graph

Dear Readers,

This is part of an excellent article by Jacqueline Ann Surin, who is the Editor of The Nut Graph, which was published there today:

What possessed the protesters?

4 Sep 09 : 8.00AM

By Jacqueline Ann Surin
jacquelinesurin@thenutgraph.com

WHAT possessed them? That's the question I'd like to ask the protesters who desecrated a cow head on 28 Aug 2009 after Friday prayers to object the building of a Hindu temple in Section 23, Shah Alam.

We know that it's not Islam that teaches intolerance of and disrespect toward other religious beliefs, nor is it Islam that preaches violence or force if Muslims don't get their way. We also know that it is really not Malaysian or Malay custom at all to be so obnoxious, threatening and crude. For all my life as a Malaysian, I have known Malay customs to be gentle, sophisticated and inclusive. This is most likely because the "Malay" race was actually historically constructed; its customs weaved from a convergence of different continents and cultures.

So, if neither Islam nor Malay custom drove the 50 protesters to publicly despoil a sacred Hindu creature and to threaten bloodshed because of a Hindu temple, what was it?

Possessed by superiority

My hunch is that these protesters were emboldened by a culture of Malay Muslim superiority that has been carefully cultivated and strategically stoked by the Umno-led government, Malay Muslim politicians from Umno, PAS and Parti Keadilan Rakyat (PKR), and by the judiciary both civil and syariah.

Please read the entire article here: http://thenutgraph.com/what-possessed-the-protesters

If you like the quality of journalism practiced by The Nut Graph, please consider supporting them. Their investors cannot continue funding them, and they will have to close down if they cannot find adequate support.

As far as I know, the Nut Graph is the only Malaysian news organisation to have published a statement of their journalistic principles, that you can hold them to. If we do not support good journalism when we have it, then we have only ourselves to blame when we are left with the likes of Azmi Anshar and the mainstream media telling us what to think.

Sincerely,

Malaysian Heart

Is Malaysia becoming a police state? What on earth is happening to us?

Yesterday, 3 September 2009, blogger Ronnie Klassen, posted this entry, "Malaysia, a police state in the making?" In it, he writes:
One month ago, on 3 August,army personnel's from the 7 RAMD (Gerak Khas) swooped on Pulau Pandanan Kecil, off Semporna and ordered the villagers there to take down all the Parti Keadilan Rakyat (PKR) flags hoisted at their houses. When the villagers declined to comply, the army personnel's brought the flags down for them.
If this is true, it is a most serious violation of our democratic right to suport the political party of our choice. As Ronnie explains, "The inhabitants of a police state experience restrictions on their mobility, and on their freedom to express or communicate political or other views, which are subject to police monitoring or enforcement."

This action must be explained satisfactorily to the rakyat, and the government must be held accountable for it. Wakil rakyat, what are you waiting for?

Sincerely,
Malaysian Heart

P.S. Please read Ronnie's entire post here. It includes links to 2 videos of the incident.

Monday, August 24, 2009

Spinning the news for Permatang Pasir: how to read partisan blogs (and news) 2




Spin is defined as interpreting an event in a particular way so as to manipulate public opinion for or against a certain organization or public figure. It is a form of propaganda, albeit a subtle one; while some propaganda uses outright lies, spin uses half truths and concealment.

The techniques of spin include:

  • Selectively presenting facts and quotes that support one's position (cherry picking)
  • Non-denial denial
  • Phrasing in a way that assumes unproven truths
  • Euphemisms to disguise or promote one's agenda
  • "Burying bad news": announcing one popular thing at the same time as several unpopular things, hoping that the media [or readers] will focus on the popular one.
Whatever its differences in method, its desired end result is the same as for propaganda:
A propagandist, in the strict sense, is not interested in the truth for its own sake, or in spreading it. His purpose is differ­ent. He wants a certain kind of action from us. He doesn't want people to think for themselves. He seeks to mold their minds so that they will think as he wants them to think, and act as he wants them to act. He prefers that they should not think for them­selves. If the knowledge of certain facts will cast doubts in the minds of his hearers, he will conceal these facts.

From The Art of Making Sense: A Guide to Logical Thinking by Lionel Ruby
With the Permatang Pasir by-elections around the corner, allegations and counter-allegations regarding the two candidates' suitability for office have been traded. In the case of the BN candidate, former lawyer Rohaizat Othman, the allegations center around his disbarment for misappropriating funds belonging to his client, the Koperasi Pekebun Getah Pulau Pinang (KPGPP).

BN tried to undo the damage by claiming that it was Rohaizat's former law partner, Yusri Isahak, who was solely responsible for the wrongdoing, and that Rohaizat was merely the fall guy. On 20 August 2009, Yusri made a statement to the press where he held that the misappropriation of KPGPP's funds was done with Rohaizat's knowledge and involvement, in the form of loans to two of Rohaizat's acquaintances, and for the management of the firm's Ipoh office. You can read his statement in full here.

Yesterday, Yusri again gave a press statement in KL, which can be read in full here. What exactly did Yusri say in this second statement? As I see it, he seemed to be saying that (and please correct me if I am doing any "spinning" myself):
  1. He has not been paid to makling either of his two statements
  2. Both statements were made on his own initiative, and were not influenced by any party
  3. His first statement was made because he was angry and dissapointed at being made the scapegoat in the KPGPP case, and his only motivation was to defend his goodname and that of his family
  4. He stands by his earlier statement
  5. His earlier statement has been used to slander Rohaizat, which was not his intention
  6. Yusri is saddened by the personal attacks on Rohaizat
  7. Yusri wants to clarify his position and express his feelings on the matter
  8. Rohaizat is a good man, and kind hearted, has done a lot for Permatang Pasir
  9. Even though Rohaizat has made mistakes, he has made amends, and the cooperative has retracted their claim against him
Three questions to consider:
  1. Did Yusri retract his earlier statement?
  2. Did Yusri exonerate Rohaizat, clear his name, or in any way lessen his responsibility for the KPGPP case, as stated in his earlier accusation? (Let's bear in mind that to exonerate is not the same as to forgive or excuse)
  3. Did Yusri take more of the blame for the KPGPP case unto himself?
I believe that the answers to all three questions above is no. As I see it, Yusri's second statement expressed many noble sentiments, but it never detracted an iota from the gist of his first statement, in which Yusri stated that the misappropriation of KPGPP's funds was done with Rohaizat's knowledge and involvement.

Given the above, let's see how the mainstream media (MSM) have choosen to present the story, one day before the elections, in the following articles:

Utusan Malaysia, 23/8/09: Yusri tampil bela Rohaizat
The article does not mention points 4 and 9 from Yusri's statement (in bold above). It also reports Rohaizat's response to Yusri's statement, as (my emphasis in bold):

Sementara itu, calon Barisan Nasional (BN) Rohaizat Othman berterima kasih kepada bekas rakan kongsinya, Yusri Isahak kerana tampil memberi penjelasan terbaru hari ini berhubung isu pembatalan sijil peguam sivilnya.

Beliau yang ditemui ketika menyertai lawatan Menteri Dalam Negeri, Datuk Seri Hishammuddin Tun Hussein di Kampung Cross Street berkata, perkembangan itu membuktikan fakta sebenar isu yang digembar-gemburkan oleh Pas.

Utusan's article has spun the news for BN using two techniques: first, it has cherry picked the points which may be taken as support for Rohaizat to report, and neglected to mention the ones which suggest that Yusri still believes that Rohaizat is partly responsible for the misappropriation. Second, Utusan has allowed Rohaizat's response, which is phrased in a way that suggests and implies (wrongly) that Yusri has exonerated him, to run without verification, analysis or challenge.

The Star, 24/8/09: Rohaizat vows to bring development
The Star did not devote a full article to Yusri's second statement, but included this in the article above:
At night, Rohaizat thanked his former partner Yusri Isahak for clearing his name.

“I am very happy now that now that Yusri had cleared the air over the allegations. I saw his interview over the television.”
Unlike Utusan, who merely suggested and implied untruth, the Star has printed it outright without qualification!

The New Straits Times, 24/8/09: 'I was in charge of account'
Unlike Utusan, the NST did not start of its article by focusing on Yusri's respect and admiration for Rohaizat. It instead focused on reporting that Yusri was in charge of the KPGPP account (not the bank account, but the case). I believe that since Yusri had (in his first press statement) stated that both he and Rohaizat were co-signatories to the bank accounts, its regrettable that the journalist or editor didn't take the extra care to make that difference clear, i.e. that Yusri was not now admitting to being the sole signatory for the bank account. A quick reading of the headline and the first few 'graphs may lead one to believe that a very significant truth had been unearthed by the reporter, that represented a "twist" in the story. In actuality, the fact that Yusri was the lead lawyer in charge with dealing with KPGPP did not in any way negate or diminish in any way his earlier assertion that Rohaizat was just as involved in misappropriating the funds.

Berita Harian, 24/8/09: Bekas rakan kongsi kecewa kenyataan disalahgunakan
BH, in my opinion, does the least spinning of the four MSM newspapers. Part of what it wrote is this:
Sementara itu, Yusri mengakui fail pembelian hartanah oleh KPGNPP pada 2002 di bawah tanggungjawabnya dan beliau yang menyiapkan perjanjian berkenaan serta memanggil penjual dan pembeli terbabit untuk menandatanganinya.

“Tandatangan saya pada perjanjian itu hanyalah sebagai menandakan bahawa saya sudah menyaksikan penjual dan pembeli menandatangani perjanjian berkenaan,” katanya.

Walaupun mengakui fail pembelian hartanah oleh KPGNPP adalah di bawah tanggungjawabnya, Yusri berkata, fail berkenaan pada bila-bila masa boleh diambil alih oleh rakan kongsi lain seperti ketika beliau bercuti.

Sambil menegaskan pelanggan terbabit adalah pelanggan firma guaman dan bukan pelanggan seseorang rakan kongsi secara khusus, beliau bagaimanapun berkata, adalah tidak tepat untuk menyatakan bahawa Rohaizat tidak mengetahui atau tidak terbabit langsung.

Namun, ketika ditanya sama ada Rohaizat bersalah atau pun hanya menjadi mangsa keadaan, katanya, beliau bukan dalam kedudukan untuk menyatakan perkara itu, sebaliknya pihak yang lebih tepat adalah mahkamah dan Majlis Peguam.
Notice the use of the word mengakui (admits or confesses), thereby implying that Yusri is owning up to something that implicates him (and exonerates Rohaizat). Is this the case? Reading of the next three paragraphs shows it not to be so. Unfortunately, they have left this part to the last three paragraphs of the article!

In none of the four MSM reports above, was the fact that Yusri stood by his earlier statement, and maintained that Rohaizat was at least partly responsible, mentioned. The headlines, the quotes that were selected, the language used all give the impression that Yusri had made a u-turn in his position. The BN owned MSM have used cherry picking of facts, euphemism (in this case dyphemism), and implied assumptions to create an article favourable to BN's interests in the Permatang Pasir by-elections tomorrow.

As for the pro-BN blogs, this is what some of them said:
Shamsul Yunos (the journalist covering the Permatang Pasir elections for the Malay Mail) : ZAMBRI-NIZAR!! Yusri makes a U-turn?
Rocky (Editor-in-Chief of the Malay Mail), linking to Shamsul Yunos "U-turn": Ah, Yusri, both sides now?
A Voice: Yusri rasa bersalah dan 'akui' diguna PR burukkan Rohaizat
Parpukari: NIZAR KKK! YUSRI BUAT U TURN LAH WEI!
Pisau: N11 Permatang Pasir: Rohaizad Tidak Bersalah:Yusri
The Unspinners: KABOOM 2! Yusri ngaku urus akaun Koperasi dan diguna PAS untuk serangan peribadi

For comparison, read these reports from:
Malaysiakini: My intention was to clear my name, says Yusri
Malaysian Insider: Rohaizat’s ex-law partner says he gained nothing in revealing all

How shall we hold the mainstream media to account for spinning the news?

Sincerely,
Malaysian Heart

Friday, August 7, 2009

Police Misconduct and the Mainstream Media's Response to it: Malaysia and India


An Indian police officer beats a demonstrator near an August 2008 procession in Jammu (© 2008 Reuters, taken from page 2 of photo feature accompanying HRW report).

Kuala Krai MP Dr Hatta Ramli's shirt gets ripped in a scuffle outside the National Mosque during the anti-ISA rally on 1/8/09 (taken from the Malaysian Insider).

Malaysian policeman during anti-PPSMI demonstration on 7/3/09 (taken from here).


Human Rights Watch, an international non-governmental organization that conducts research and advocacy on human rights, has released a report on the state of the Indian Police Service. The report, titled "Broken System: Dysfunction, Abuse and Impunity in the Indian Police, is based on interviews with more than 80 police officers of varying ranks, 60 victims of police abuses, and numerous discussions with experts and civil society activists. You can read the press release and download the report itself from this webpage.

While it makes compelling reading for anyone interested in human rights and justice, reading the report as a Malaysian is heartbreaking; in so many ways it describes the trouble with our own PDRM in Malaysia. Some 'highlights' from the report:

Practices
The Indian Police Service practices arbitrary arrest and detention, torture and extrajudicial killings. They break the laws they are supposed to protect, and believe that unlawful methods, including illegal detention and torture, are necessary tactics of crime investigation and law enforcement. Therefore, they use "short-cuts" and their old methods - abuse and threats, hold suspects illegally and coerce them to confess, frequently using torture and ill-treatment. Sound familiar?

Here is an example from the report, how a fruit vendor in Varanasi described how police tortured him to extract confessions to multiple, unrelated false charges: :
"[M]y hands and legs were tied; a wooden stick was passed through my legs. They started beating me badly on the legs with lathis (batons) and kicking me. They were saying, ‘You must name all the members of the 13-person gang.' They beat me until I was crying and shouting for help. When I was almost fainting, they stopped the beating. A constable said, ‘With this kind of a beating, a ghost would run away. Why won't you tell me what I want to know?' Then they turned me upside down... They poured water from a plastic jug into my mouth and nose, and I fainted."
Underlying Causes
The Indian Police Service, hence it's ethos, laws and regulations originated from the Imperial Police, the colonial-era police force whose primary objective was to help the British control and oppress the population with impunity, not protect their human rights. As the report states "[t]he institutional culture of police practically discourages officers from acting otherwise, failing to give them the resources, training, ethical environment and encouragement to develop professional police tactics".

Colonial-era police laws enable state and local politicians to interfere routinely in police operations, sometimes directing police officers to drop investigations against people with political connections, including known criminals, and to harass or file false charges against political opponents.

Other contributing factors are overwhelming workloads, insufficient resources, abysmal conditions for police officers, lack of sufficient ethical and professional standards and appreciation of modern criminology. Overall, the report seems to identify the system rather than individual officers or commanders as the main underlying cause.

Other Similarities
In 2006, a landmark Indian Supreme Court judgment mandated the reform of police laws. But the central government and most state governments have either significantly or completely failed to implement the court's order, suggesting that officials have yet to accept the urgency of comprehensive police reform, including the need to hold police accountable for human rights violations. Shades of our IPCMC?

It's not surprising that the Indian police are overstretched and outmatched by criminal elements, and unable to cope with increasing demands and public expectations. When faced with real terrorists during the Mumbai attacks, their immediate response did not prevent substantial loss of life.

HRW's Conclusions and Recommendations
The report concludes that the system of policing in India facilitates and even encourages human rights violations, and that successive governments have failed to deliver on promises to hold the police accountable for abuses and to build professional, rights-respecting police force.

The report then recommends two main thrusts: First, renewed commitment by national and state officials to discipline or prosecute as appropriate police officers who commit human rights violations is essential, with benchmarks to measure progress in implementing the commitment, and second, an overhaul of police laws and regulations, and institutional structures and practices that facilitate the abuses.

According to Brad Adams, Asia director at Human Rights Watch, "conditions and incentives for police officers need to change," and, "Officers should not be put into a position where they think they have to turn to abuse to meet superiors' demands, or obey orders to abuse. Instead they should be given the resources, training, equipment, and encouragement to act professionally and ethically." He added that "it's time for the government to stop talking about reform and fix the system."

For the detailed recommendations, see this section of the report.

If you are not convinced that our PDRM and India's notorious police have similar problems, just read this account below, fellow Malaysian, then we can cry tears of shame together:

[P]olice arrested Gita Pasi in August 2006 in relation to an alleged kidnapping of a Yadav caste woman by a member of the local Dalit community. She died at the station and police claimed it was a suicide. According to Pasi’s brother-in-law, the police claim was implausible:

"She was kept in the police station all night. In the morning, when we went to meet her, they said she had killed herself. They showed us her body, where she was hanging from a tree inside the police station. The branch was so low, it is impossible that she hanged herself from it. Her feet were clean, although there was wet mud all around and she would have walked through it to reach the tree. It is obvious that the police killed her and then pretended she had committed suicide."

Mainstream Media Response
It is unfortunate that the similarities between Malaysian and Indian police forces are not complemented by similarities between our news media. I found the way in which the Indian mainstream media covered the story very different to how our own would have treated it. While the story naturally got international coverage from the likes of CNN and the BBC, the Times of India, Hindustan Times, Deccan Chronicle and news portals such as Rediff.com not only carried the story in detail and without spin, but also provided a forum for active debate on the issue. There were no Indian MSM denunciations (that i could find) of Human Rights Watch as anti-Indian, anti-religious, imperialist, neo-colonialist, western or zionist.

However serious the challenges that democracy, human rights and justice face in India, their news media seems prepared to play their part, by upholding a journalists duty. As long as our MSM are owned by interested parties, and (more importantly) willing to sacrifice their journalistic integrity to spin stories and spread propaganda for their poilitical masters, we cannot reasonably expect the same from any of them. They will keep on plying their trade quite profitably, so long as we Malaysians keep availing ourselves of their services - Hartal MSM!

Thursday, July 30, 2009

In Response to Rocky's Bru: Journo to Journo: How Low Can You Go?

Rocky's Bru: Journo to Journo: How Low Can You Go?


(Graphic of letter taken from Rocky's Bru)

I'm encouraged by the news (from Rocky's Bru) that a group of practising and former Malaysian journalists are writing to the Executive Chairman of Kumpulan Utusan, Tan Sri Mohamed Hashim Ahmad Makaruddin, to express their anger and disgust at the story on the late Yasmin Ahmad that the tabloid Kosmo! ran on July 27th, 2009. As they write in their email seeking fellow journalists' support for their letter: "Let's uphold the kind of journalism that this country so desperately needs."

Irregardless of whether it is based on the truth or not, the article, headlined "Takdir Yasmin", breached not only the journalist's code of ethics, but standards of human decency as well.

Since a journalist's first obligation is to seek truth and report it, why is this article in Kosmo! a breach of journalistic ethics? Because even if it is true, it violates another principle that journalists are obliged to uphold:
Minimize Harm - Ethical journalists treat sources, subjects and colleagues as human beings deserving of respect.
According to this principle, journalists should:
  • Show compassion for those who may be affected adversely by news coverage. Use special sensitivity when dealing with children and inexperienced sources or subjects.
  • Be sensitive when seeking or using interviews or photographs of those affected by tragedy or grief.
  • Recognize that gathering and reporting information may cause harm or discomfort. Pursuit of the news is not a license for arrogance.
  • Recognize that private people have a greater right to control information about themselves than do public officials and others who seek power, influence or attention. Only an overriding public need can justify intrusion into anyone’s privacy.
  • Show good taste. Avoid pandering to lurid curiosity.
  • Be cautious about identifying juvenile suspects or victims of sex crimes.
  • Be judicious about naming criminal suspects before the formal filing of charges.
  • Balance a criminal suspect’s fair trial rights with the public’s right to be informed.
(From the Society of Professional Journalists' Code of Ethics)

In the case of Kosmo's article, the people behind it have violated this principle in at least four ways:
  1. They have treated the memory of their subject, a recently deceased person no longer able to tell her side of the story, with disrespect, making allegations that may (given prevailing societal attitudes, prejudiced though they may be) diminish how she is remembered by Malaysians, and expose her family to odium.
  2. They showed little compassion to her family and scant regard for the potential harm to her aged and frail mother.
  3. They did not demonstrate any overriding public need that could have justified such an intrusion into their grief and privacy.
  4. The mode in which they presented their report suggests that they have pandered to lurid curiosity, perhaps motivated by the need to sell newspapers.
It is therefore fitting that the journalists' letter rebukes Tan Sri so: "...if your objective is to practice ethical journalistic conduct and act with humanity, you have failed - miserably." They go on to ask him, "How much of your personal honour are you willing to part with in order to increase your circulation?"

All of us will be held to account for everything we write, before the One who reads and edits us all. In the meantime, Kosmo and its journalists involved with this article are accountable to us, their readers and colleagues. Let us make it clear to them that we will not stand by to see ethics breached.

Is their story true or false? I wholeheartedly second blogger Kama's wise words, words worthy of repeating and remembering (from here):
"...Yasmin has gone to meet her Maker. Our time will come soon. Seharusnya kita sadaqah Al-fatihah untuk arwah Yasmin and not go into this silly polemic about her gender. May her soul be placed among the blessed. Amin."
Now, may I pose this question, not to Kosmo!, but to all of us who are outraged by Kosmo's article:

Do any of us believe that Kosmo has a monopoly on unethical journalism in Malaysia?

First let's see what the principles of ethical journalism that we are bound to uphold are (adapted from the Society of Professional Journalists' Code of Ethics):
The duty of the journalist is to further public enlightenment as the forerunner of justice and the foundation of democracy, by seeking truth and providing a fair and comprehensive account of events and issues. Conscientious journalists from all media and specialties strive to serve the public with thoroughness and honesty. Professional integrity is the cornerstone of a journalist's credibility. Journalists should:

1. Seek Truth and Report It - Journalists should be honest, fair and courageous in gathering, reporting and interpreting information.

2. Minimize Harm - Ethical journalists treat sources, subjects and colleagues as human beings deserving of respect.

3. Act Independently - Journalists should be free of obligation to any interest other than the public's right to know. [Advocacy journalists may of course intentionally and transparently adopt a non-objective viewpoint.]

4. Be Accountable - Journalists are accountable to their readers, listeners, viewers and each other.

The letter to Tan Sri Hashim begins "July 27th, 2009 marked the darkest day in Malaysian journalistic history yet." In the light of the above, haven't there been days in Malaysian journalistic history just as dark as 27/7/09?

How about in the days just before the 1990 general elections, when "then opposition politician Tengku Razaleigh Hamzah was depicted as selling out Muslim interests to Christians merely because he was photographed wearing ethnic Kadazan cultural headgear on which was a symbol resembling a cross. The photograph was splashed in the media and Razaleigh had little chance to counter the allegations". Utusan Melayu published the picture for three days, and Berita Harian's headline on May 19, 1990 was "Ku Li Junjung Salib".

How about something more recent, just eight days ago (22/07/09), when Pakatan Rakyat's position regarding the Royal Commission of Inquiry into the death of Teoh Beng Hock was grossly misrepresented in the pages of the New Straits Times?

Why do we not speak up and act against journalistic misconduct by all news outlets (including our own)? Why are we being selective? Surely our professional ethics apply equally to all, no matter what the victims' (and perpetrators') station in life is? Or is it just a case of double standards and whose ox is being gored?

So, let me put the question back to all the journalists who are rightly outraged at Kosmo: How much of our personal honour are we willing to part with in order to increase our circulation (prospects, promotions, popularity, etc.)?

In other words, when our Editor reads us, will He find us fit to print, or fit to spike?

Lest we be found wanting, we must be mindful of what we ourselves and our colleagues write. For the sake of our integrity, we must speak and act whenever and wherever we see journalistic ethics being compromised, and we must do so in spite of our political beliefs and personal interests. Let's uphold the kind of journalism that this country so desperately needs.

Sincerely,
Malaysian Heart

You can download a printable copy of the Society of Professional Journalists' Code of Ethics in full here (in PDF format).

(I am a member of Hartal MSM, a mediawatch group which had its beginnings in December 2007 in The People's Parliament, an initiative convened by civil rights lawyer Haris Ibrahim. The group seeks to promote a free and fair media as an impetus to Malaysia's stalled nation-building process. The views expressed here are solely my own)

An Open Letter to the Executive Chairman of Kumpulan Utusan

Tan Sri Mohamed Hashim Ahmad Makaruddin,
Executive Chairman, Kumpulan Utusan.
(corporate@utusan.com.my)

Tan Sri,

I am writing to express my indignation and abhorrence at your story headlined "Takdir Yasmin" on the late Yasmin Ahmad, that your tabloid Kosmo! ran on July 27th, 2009. (I justify my use of the words "you" and "your" by the fact that you are the Executive Chairman of Kumpulan Utusan. The buck stops with you, sir, and nowhere else.)

Irregardless of whether it is based on the truth or not, your article breached not only the journalist's code of ethics, but standards of human decency as well.

Since a journalist's first obligation is to seek truth and report it, why do I say that your article breached journalistic ethics? Because even if it is true, it violates another principle that journalists are obliged to uphold:
Ethical journalists treat sources, subjects and colleagues as human beings deserving of respect.
According to this principle, journalists should:
  • Show compassion for those who may be affected adversely by news coverage. Use special sensitivity when dealing with children and inexperienced sources or subjects.
  • Be sensitive when seeking or using interviews or photographs of those affected by tragedy or grief.
  • Recognize that gathering and reporting information may cause harm or discomfort. Pursuit of the news is not a license for arrogance.
  • Recognize that private people have a greater right to control information about themselves than do public officials and others who seek power, influence or attention. Only an overriding public need can justify intrusion into anyone’s privacy.
  • Show good taste. Avoid pandering to lurid curiosity.
  • Be cautious about identifying juvenile suspects or victims of sex crimes.
  • Be judicious about naming criminal suspects before the formal filing of charges.
  • Balance a criminal suspect’s fair trial rights with the public’s right to be informed.
(From the Society of Professional Journalists' Code of Ethics)

In the case of your article, you have violated this principle in at least four ways:
  1. You have treated the memory of your subject, a recently deceased person no longer able to tell her side of the story, with disrespect, by making allegations that may (given prevailing societal attitudes, prejudiced though they may be) diminish how she is remembered by Malaysians, and expose her family to odium.
  2. You showed little compassion to her family and scant regard for the potential harm to her aged and frail mother.
  3. You did not demonstrate any overriding public need that could have justified such an intrusion into their grief and privacy.
  4. The mode in which you presented your report suggests that you have pandered to lurid curiosity, perhaps motivated by the desire to sell newspapers.
Whether we like it or not, Tan Sri, all of us will be held to account for everything we write, before the One who reads and edits us all. In the meantime, we are accountable to our readers and to our fellow journalists.

May I co-opt blogger Kama's words (from here) to express my own view:
"...Yasmin has gone to meet her Maker. Our time will come soon. Seharusnya kita sadaqah Al-fatihah untuk arwah Yasmin and not go into this silly polemic about her gender. May her soul be placed among the blessed. Amin."
Kosmo! is hardly the only newspaper in your group which regularly breaches journalistic ethics. Your other papers too, frequently have been rightly condemned, for very serious lapses in standards. How could this have happened to the news organisation pioneered by such by such illustrious journalists as Bapa Wartawan Abdul Rahim Kajai, Pak Sako and Pak Samad?

To be fair, Kumpulan Utusan is not the only Malaysian media organisation that behaves without concern for ethics. It's safe to say that the general level of professionalism and integrity within Malaysian news media is quite low. That, however, is a subject for another letter.

In order to mitigate and make amends for the damage you have done, may I humbly suggest that Kumpulan Utusan does the following:
  1. Apologise unreservedly (and prominently) to the family of the late Yasmin Ahmad. (You have done so today, in the main headline on Kosmo's front page. Well done sir, it's the first step)
  2. Devote substantial space in your papers to discussing her work and how her talent and creativity changed Malaysia.
  3. Devote substantial space in your papers to discussing the challenges faced by the transgendered community in Malaysia. Please work with them to dispel the prejudices and social stigma that they live with.
May I also suggest that your organisation commit yourselves demonstrably to upholdoing the basic tenets of good journalism.

If you do make amends, and seek to repair your organisation's seriously damaged reputation and credibility, may I wish you all the best in your endeavours.

Sincerely,
Malaysian Heart

(A Malaysian blogger)

P.S. Tan Sri, you can download a printable copy of the Society of Professional Journalists' Code of Ethics in full here (in PDF format).

(I am a member of Hartal MSM, a mediawatch group which seeks to promote a free and fair media as an impetus to Malaysia's stalled nation-building process. The views expressed here are solely my own.)

Friday, July 24, 2009

Is This the Standard of Journalism Practiced by the New Straits Times?


(screenshot of article taken at 1650hrs, 24/7/09)

(Disclosure: I am a member of Hartal MSM*, an advocacy group that calls for a Paper-free Tuesday -- "No buy, No lies")

  1. Journalism's first obligation is to the truth.
  2. Its first loyalty is to citizens.
  3. Its essence is a discipline of verification.
  4. Its practitioners must maintain an independence from those they cover.
  5. It must serve as an independent monitor of power.
  6. It must provide a forum for public criticism and compromise.
  7. It must strive to make the significant interesting and relevant.
  8. It must keep the news comprehensive and proportional.
  9. Its practitioners must be allowed to exercise their personal conscience.

From "The Elements of Journalism": What Newspeople Should Know and the Public Should Expect


When a news organization's editorial policy is dictated by its owners, the quality of its journalism is often the first thing to go out the window (followed closely by its credibility, reputation and circulation figures). The general level of integrity and professionalism in our news media notwithstanding, I have to say that this "online exclusive" op-ed piece from the New Straits Times (22/7/09), entitled "They got their Royal Commission of Inquiry but will they stop their lynching?", is as egregious a case of journalistic misconduct as I have ever come across. Lest I be accused of making that claim just because I disagree with the article in question, please allow me share with you my reasons for saying so:

1) The writer made a significant error of fact by claiming that the purpose of the Royal Commission of Inquiry was "to probe the chary [sic] death of Teoh Boon Hock [sic]".

This is untrue. PM Datuk Seri Najib Tun Razak said (bold emphasis mine): "The Royal Commission will be set up according to specific terms, which is to scrutinise and study the procedures related to interrogations that are used by the MACC. It will also identify if there were any violations of human rights during Teoh’s interrogation."

The PM also made it clear that Teoh Beng Hock's death would NOT be investigated by the RCI, but by an inquest. He thus rejected the most critical component of what Teoh's family, Pakatan Rakyat leaders and civil society have been demanding all along.

Why is this error significant? Because the writer uses it to impugn the character and motives of Pakatan Rakyat and its leaders throughout the article, beginning with the headline itself. A major thrust of the article is to show that even when their demands have been met, PR leaders (ostensibly for selfish political reasons), will continue to criticize the RCI. Without this "misinterpretation" of the facts, his thesis cannot stand.

The full import of the PM's statement should have been quite obvious to the writer. He has misrepresented Pakatan Rakyat's position, and as of 1650 hrs on 24/7/09, this remains uncorrected.

2) The writer used at least two of the 38 dishonest tricks commonly used in argument, specifically:
a) he used emotionally loaded words, selectively. Against Pakatan Rakyat leaders, followers and their actions, he had this to say, without any supporting evidence (my emphasis in bold):
  • band of noxious supporters
  • toxic Pakatan demonstrations
  • defiant rants
  • this mob
  • sly pre-emption
  • Pakatan’s instigation
  • parrot his all-time favourite bellowing
  • pressing for a RCI
  • howls of protest
  • partisan party sycophant
  • sly pre-empts
  • Another sly pre-empting ploy
  • last week’s rampage
  • Pakatan Rakyat minions
  • brutish smugness
  • mob fury
  • lynching, Malaysian-style
For the cabinet and government leaders, he has this instead:
  • most pragmatic decision
  • strongly endorsed the setting up of the RCI
b) he attributed prejudices or dishonourable motives to his "opponents", again without offering any evidence in support:
"They were almost certain of getting a favourable Cabinet response but the hyperboles and sly pre-emption that senior Pakatan leaders discharged seemed to have given the appearance that the goading provoked the Cabinet into agreeing to the RCI."
"But let’s not be surprised that Pakatan would claim credit for their RCI ingenuity."
"Pakatan leaders’ pressing for a RCI had a disingenuous purpose:... Pakatan people will be nudged aside from the glare of suspicion..."
"Now anticipate the howls of protest, even if it makes sense to expand the scope of the RCI’s inquiry to include all possibilities."
"Kit will find other specious means to further pile the burden of attestation on Najib to prove that the RCI is “absolutely independent” and will do their job fearlessly."
"Pakatan Rakyat minions will insist no less than a guilty verdict, that some MACC perp pushed Teoh Beng Hock out of the 14th floor to his death for no reason other than wanting to torture the young man.
3) To further his attack on his "opponents", the writer has subverted the meaning of words, obscuring the truth. For example, he describes Tunku Abdul Aziz Ibrahim, a former vice-chairman of Transparency International’s Board of Directors no less, as a "sycophant", i.e. "a servile self-seeker who attempts to win favour by flattering influential people". To be sure, Tunku Aziz is a member of the DAP, but has the writer any evidence to show that Tunku Aziz has ever attempted to win favour by flattering influential people in DAP, Pakatan or anywhere else? If the favour of "influential people" is what Tunku Aziz sought, would the DAP have been the right party for him to join? One would have thought that there might have been much more "favourable" opportunities elsewhere, say, working for certain news media organisations.

One more example: the writer characterised Pakatan Rakyat's response to Teoh's death as a "lynching, Malaysian-style". To "lynch" is to punish violently or to execute, without due process, for real or alleged crimes. Another definition is "to punish (a person) without legal process or authority, especially by hanging, for a perceived offense or as an act of bigotry." It is a crime punishable by law in Malaysia, and it is what the writer accuses Pakatan Rakyat of doing to the MACC. Can he show how, and by what stretch of the imagination, can Pakatan Rakyat's actions thus far be construed as a lynching?

The irony is that the exact opposite may be argued, without any need for verbal obfuscation. Teoh Beng Hock was either a witness or a suspect in an alleged crime, and was, prima facie, in the custody of the MACC. If the reports of Halimi Kamaruzzaman's, Tan Boon Hwa's and Dariff Din's experience of the MACC's interrogation methods are reliable, then there is probable cause to suspect that Teoh too, may have been the victim of high handed interrogation tactics. Did Teoh's interrogators limit themselves to asking questions? Was psychological or physical violence used on him? Is it true that during his 10 hour interrogation, "officers dragged him to a window on the 14-story building and threatened to throw him out," as the Phillipine Daily Enquirer's website, quoting anonymous, "well-placed sources and officials close to the MACC", reports?

Considering the state of law enforcement and criminal investigation in Malaysia, with our history of suspicious deaths in custody, routine denial of access to counsel, allegations of politically motivated selective prosecution, the lack of real transparency and accountability, and our government's apparent inability to institute reforms (such as the IPCMC), isn't it reasonable for Malaysians to be asking those questions? All this, plus the inescapable fact that whatever was done to Teoh was done in OUR NAME, makes it a moral imperative that we actively work to uncover the circumstances surrounding his death. Asking our public servants tough questions, exploring the possibility that they have behaved criminally, and being very skeptical about the answers they give us, is not lynching, it is demanding that they be accountable to us.

By turning the very meaning of this word on its head, this "journalist" from the NST has insulted the memory of all who have suffered lynching at the hands of the powerful. He has made a mockery of the idea that our government and law enforcement authorities are accountable to the Rakyat; he seems to have chosen to serve power, rather than be an independent monitor of it.

With Malaysia at the crossroads in the aftermath of 8/3/08, advocacy journalism has become a "weapon" in the political "war" to determine which path our country takes. It is a genre of journalism that intentionally (and transparently) adopts a non-objective viewpoint, usually for a social or political purpose. It is certainly not new, and it is not disreputable per se; The Economist is an example of a publication that practices it quite well.

However, while advocacy journalists may justifiably eschew their newsroom colleagues' credo of objectivity (i.e. being neutral and not taking sides in their reporting), this does not absolve them of all standards of ethical journalism. Here is the bare minimum that they have to meet (adapted from here and here):
1) They must acknowledge and declare their editorial position and bias up front. Doing so will inform readers as to where the writer is coming from and allows them to employ their critical faculties accordingly. Working to promote a particular point of view without disclosing one's true stance is shilling.

2) They must be truthful, accurate, credible and ensure that every statement they make is factual and based on evidence from neutral sources. In other words don't spread propaganda, don't take quotes or facts out of context, "don't fabricate or falsify", and "don't judge or suppress vital facts or present half-truths". Requiring that media outlets refrain from spreading untruths and falsehood is not too much to ask for, is it?

3) Even if they do not provide equal time for their opponents' views, they must at least understand & address their opponents' relevant points & criticism - they must never ignore, trivialize or distort them. They must be fair and thorough.

4) They must use honest arguments & never resort to the crooked thinking and dishonest tricks commonly used in arguments. Avoid slogans, ranting, and polemics. Instead, "articulate complex issues clearly and carefully."

5) They must not allow their bias to turn into rose coloured glasses, or worse, a blind spot. They must not spare their own cause the tough, critical questions and scrutiny.
Without adhering to these most basic of standards, the resulting media "product" will be nothing more than propaganda, and bad one at that.

Had it come from a political party's media mouthpiece, the article might have been just bearable. After all, political propagandists and shills may rightly claim that they are not bound by any ethics, and are not obliged (or interested) to help citizens seek the truth. They may thus abandon even the pretence of reasoned discourse and honest logic, and to please their masters, may be as chauvinistic and as partisan as they please.

However, coming from the New Straits Times, the news outlet that is Malaysia's oldest newspaper still in print, one which claims that "Our goal is to be the preeminent provider of news, information and entertainment and to achieve total customer satisfaction through our professional and highly regarded workforce that values quality, integrity, innovativeness and personal service", it is nothing short of an abject disgrace.

It stands to reason that the NST's lofty goal will remain out of its reach so long as its journalists (and editors) choose to behave like members of the oldest profession, and not as members of an honourable one. Unfortunately, it also stands to reason that they will keep on plying their trade quite profitably, so long as we Malaysians keep availing ourselves of their services.

Sincerely,
Malaysian Heart

* Hartal MSM is a mediawatch group which had its beginnings in December 2007 in the People's Parliament, an initiative convened by civil rights lawyer Haris Ibrahim. The group seeks to promote a free and fair media as an impetus to Malaysia's stalled nation-building process.

Wednesday, June 17, 2009

MUST READ Article from Aliran: "ACT NOW! - Vibrant democracy requires eternal vigilance"

Dear Readers,

I have just read best article regarding Democracy & Malaysia that I have ever read, perhaps even the best that I will ever read in my life. It is by Dr. Andrew Aeria from UNIMAS and you can read it at Aliran Monthly. It is entitled: "ACT NOW! Vibrant democracy requires eternal vigilance", and truer words have never been spoken. If you care for Democracy in our Nation, please read Dr. Aeria's article & encourage all your friends to read it too. Here is how he starts:

If we are passionate about Malaysia and our birthright, then we should ACT NOW to save our democracy, says Andrew Aeria.

In early March, University Malaya Law lecturer Azmi Sharom made a very pertinent observation in his weekly Star column that ‘Malaysians have this thing where they hope some mighty champion will sweep down from the mountains and solve their problems for them’.

His point was that instead of waiting for this ‘mighty champion’ to turn up and do the job for us, we should instead use whatever resources we have at hand and just ACT NOW if we want to mend our broken democracy and save it from our numerous ‘Bolehland-class’ politicians (defined as MPs, Aduns and party members who are either plain foul-mouthed, ‘tidak apa’, sexist, racist, lazy, corrupt, incompetent and even thuggish with only their personal and family’s material interests at heart). And by this, I also include many over-estimated opposition Pakatan Rakyat (PR) politicians and civil service bureaucrats as well.

There is a fundamental misunderstanding currently prevalent within our society that we do not need to do anything about our democracy since we have already elected PR (our ‘Mighty Champion’?) as our loyal parliamentary opposition serving King and country. As well, we elected them to govern in five states and so we have to ‘give them time’ to settle into the job. Unfortunately, this is self-deceiving and ultimately toxic to democracy. Simply because democracy is much more than just elections and what happens in parliament. And it certainly won’t flourish after merely being ‘given time’. ...

Please continue reading here. If you like the article, please consider supporting Aliran. In their words: "Justice was never won without personal sacrifice - whether measured in time volunteered, energy devoted to a cause, or financial support generously given. We need your support in our struggle for justice. Your contribution no matter how small will be like a droplet that builds up into a wave of change. Click here if you would like to contribute financially."

Sincerely,
Malaysian Heart

Is the Malaysian Insider Spinning the News?


The headline of this article in the Malaysian Insider "Mukhriz plays safe on bridge", seems to be an attempt at spin, i.e. interpreting an event in a particular way so as to manipulate public opinion for or against a certain organization or public figure.

The expression "to play (it) safe" means "to avoid taking risks". In a political context, it can imply that the person involved believed in a particular policy or course of action, but lacked the courage of his convictions to advocate or execute it openly.

However, the article that followed presented no evidence to show that Mukhriz believed that the "third bridge" must be built somehow, but had dialled down his statement to avoid criticism etc.

So, is the Malaysian Insider indulging in spin? In my opinion, spinning the news is totally unbecoming of any news organization that wants to be trusted by its readers.

Friday, June 12, 2009

Pakatan Rakyat, Good Governance, Transparency and Accountability - Updated

Governments are elected & instituted by the Rakyat not as ends in and of themselves, but as the means by which the Rakyat's rights, interests, freedoms and safety are secured & protected. This is the only raison d'etre of any government.

Any government that seeks to serve the Rakyat must practice good governance, which according to the UNDP, is:
"The exercise of economic, political and administrative authority to manage a country's affairs at all levels. It comprises of the mechanisms, processes and institutions, through which citizens and groups articulate their interests, exercise their legal rights, meet their obligations and mediate their differences."
The characteristics of good governance are participation, rule of law, transparency, responsiveness, equity and inclusiveness, effectiveness, efficiency, accountability and strategic vision and consensus orientation. Good governance ensures that corruption is eradicated, the views of minorities are taken into account and that the voices of the most vulnerable in society are heard in decision-making and implementation. It is also responsive to the present and future needs of society, balancing between growth and distribution, present and future resource use.

Of these characteristics, I would like to touch upon just two key ones where I believe that Pakatan Rakyat governments are sorely shortchanging the Rakyat; namely transparency and accountability.

Case in point is the issue of the awarding of waste management contracts in Selangor by Alam Flora. On 21 & 25 May '09, PKR's Petaling Jaya Selatan division’s deputy chief and PJ City Councillor Mr. A. Thiruvenggadam, claimed that:
1. "No job offers have given to the Indian community. No contracts have also been allocated for the Indian businessmen in the state"
2. "the state government divides waste-concessionaire Alam Flora contracts to political parties - 40 per cent to PKR, 30 per cent to PAS and 30 per cent to DAP"

First, let's get some things straight. Mr. Thiruvenggadam is wrong to call for special treatment for one community. He was appointed to represent PJ citizens of all communities, not just those of his own ethnic group. One of the key deliverables for PR (please correct me if I am wrong) is replacing the racial politics of BN with a new Malaysian politics. Mr. Thiruvenggadam's demands go against that key deliverable.

Furthermore, how much is awarding contracts to a vendor from a particular community going to help the whole community? I don't mean to impugn Mr. Thiruvenggadam's motives, but did he have any preferred vendor in mind?

Government contracts are to be awarded transparently based on merit in accordance with good governance to maximise the benefit to the Rakyat. They are not to be divided amongst the party faithful as the spoils of electoral victory. Even if affirmative action to benefit the underprivileged & marginalised is a government policy (as it should), there still should be transparency & accountability. Indeed, as Mr. Thiruvenggadam himself alludes to in his statement, there are humongous issues about balanced development & marginalisation which need to be urgently addressed by the State government. However, to think that a race based spoils system will solve those problems is worse than folly.

In that respect, although YAB Tan Sri Khalid could have been more diplomatic in dealing with stakeholders, his principled stand & his political secretary Nik Nazmi Nik Ahmad's statement to Malaysiakini is commendable. Clearly, PR needs to ensure that all its leaders understand the aims & principles of their struggle, and they should start by reading & understanding their respective manifestos first. No more gravy trains ala BN.

Enough about demands for special treatment. My main concern here is about Pakatan Rakyat leaders & how they operationalize good governance. Has good governance ever been in their agenda? Is the Pope Catholic? From day one, PR has been banging the drum of good governance as a tenet of their campaign, and as a unique selling proposition to differentiate themselves from BN. Let's look at the evidence of this (bold emphases are mine):

1. PKR's manifesto mentions good governance 2 times & transparent/cy 8 times, and promised to "Promote a fully transparent culture of openness in the awarding of government contracts and tenders, and granting awards based not on connections, but on competitiveness and track records."

2. PAS' manifesto mentions transparent/cy 7 times, and promised to "Put in place Best Practices in all Government departments, agencies and Government-Linked Companies as to provide transparency and accountability to uproot graft and corrupt practices. Public procurement must undergo open tender and those that involve mega projects must be subjected to an Independent Tender Board placed under the jurisdiction of the Parliament."

3. DAP's manifesto promised to "implement open and transparent tenders for all government contracts"

4. In the heady days after 8/3/08, this is what newly elected Petaling Jaya representatives had to say after their first meeting with the mayor and the heads of departments of the Petaling Jaya Municipal Council:


YB Elizabeth Wong: “We also informed MBPJ that our new state government is run on the basis of greater transparency and that is something we expect to see from the local council in terms of awarding contracts, tenders and development projects,

YB Sivarasa Rasiah:“Our new state government is built on a platform of more governance with zero-tolerance on corruption,”.

Obviously, there is no shortage of talk in PR about good governance & transparency. How about the walk? Let's see how they have responded to Mr. Thiruvenggadam's allegations:

Selangor MB: Show proof of impropriety in contracts allocation
PKR: Solid waste management allegations untrue
PKR rubbishes secret pact to dish out Alam Flora contracts
Contracts awarded on merit, says Liu

PR leaders' reactions to Mr Thiruvenggadam's allegations do not reflect their promises for transparency & good governance. No concrete actions (to my knowledge) have been taken as yet. Basically, all they have done is to deny any wrongdoing, assert that contracts are awarded on merit, and ask for proof of impropriety. In my humble opinion, this is woefully insufficient & inadequate. Mr. Thiruvenggadam's credibility notwithstanding, his allegations are too serious to be brushed aside with mere denials & assertions.

What is infinitely worse is this: Sivarasa: No harm making recommendations to Alam Flora. Although here (PKR denies Alam Flora contracts dished out to parties) YB seems to be against politicians choosing vendors, five paragraphs later he says this:"Individuals, and including leaders of political parties will make recommendations and we see no harm in that absolutely. That is quite normal and not a problem for us." In effect, YB Sivarasa seems to be saying that it is OK for politicians to recommend vendors to the contract awarding bodies. With all due respect YB, I beg to differ. It is immaterial that "This is a situation unlike a tender system in which firms with the lowest quotation gets the contract" or that "The decision-making at the end of the day lies in Alam Flora’s hands". Any selection of vendors and contractors is a situation where corruption can potentially occur. Therefore it must be done by the appropriate competent authority & must be done transparently, accountably & with the Rakyat's interests foremost, without undue interference from politicians. Incumbent politicians & elected reps favouring one vendor over another (and making it known to the authority via their recommendations) is interference in the selection process and is the first baby step down the slippery slope to political patronage, corruption, cronyism & nepotism.

I say again: politicians & elected representatives are there to ensure that the Rakyat's rights, interests, freedoms and safety are secured & protected. They have no business recommending any one party over another for contracts, jobs, titles, awards, sinecures, free nasi lemak, or any other favours. In some countries it is even against the law to do so.

DAP has made a statement calling for transparency & open tenders:
DAP: We would be no different from BN
DAP calls for competitive tenders in Selangor
Media Statement by Tony Pua in Petaling Jaya on Tuesday, 9th June 2009

That's a start, but DAP is a partner in Selangor's coalition government, with 3 out of 10 exco positions and 13 out of 36 PR state assembly seats. They need to do a lot more than just issue statements like a third party neutral observer. As for PAS, as far as I am aware, they have been missing in action on this issue.

Some of those statements by PR's leaders (especially YAB Tan Sri Khalid's request for proof, which is eerily reminiscent of old BN attitudes) seem to suggest that they have forgotten that they are accountable to the Rakyat. So, here's a thought. How about you (PR government) show us (the Rakyat whom you are supposed to be serving) why we should believe anything you say? Justice must not only be done, it must be seen to be done. The onus is on you, PR, to prove to us what you assert. Nothing but full transparency & disclosure will convince us.

You can start by doing this:
1. Make public the details of all waste management contracts awarded during the tenure of PR governments & the last BN government. Include the details of successful vendors including their political affiliations and contributions (if any). How many contracts were awarded by BN & PR respectively?

2. Make public the contracts, relations & transactions between PR state & local authorities and Alam Flora regarding the awarding of waste management contracts, including the contract terms, matrix of responsibilities & accountabilities. How many percent of contractors are chosen by Alam Flora & State government respectively? Who choses for the State government, the politicians or civil servants? Where does the buck stop?

3. Make public the entire procurement process for waste management services, including pre-qualification criteria & selection processes, as well as any & all attempts to influence those processes by elected representatives and PR leaders. Expose the "tremendous competition to get the contracts renewed, with many firms unabashedly trying all ways and means, including using the political route and instigating state assemblymen and other politicians". Disciplinary action must be taken against those proven guilty. If everything is above board (as you say it is), prove it & clear your names.

4. Fully implement what you promised in your manifestos as well as the recommendations of Transparency International, as contained in the handbook "Curbing Corruption in Public Procurement" available here, for all public procurement in PR governed states. For goodness sake, realize that you will never get good results by fiddling around with a flawed legacy system. Cut the Gordian Knot, uproot the corruption & plant good governance, as you had promised. And if Alam Flora or any other concessionaire or party places unreasonable obstacles to this, please be so kind as to let the Rakyat know about it. We are not as stupid as politicians seem to think we are.

Complete steps 1, 2 & 3 within 5 working days. Complete Step 4 within 3 months from now. Can you do that?

Everyone knows that it's not easy changing a system that has been going on for 50 years. But PR leaders must never forget that is exactly the reason why we voted them in - we want them to lead the change. That we are in this situation more than a year after PRU-12 is simply unacceptable. PR need to quickly get their act together & deliver on their promises, or else they must step aside and allow others who are more committed and/or capable to do the job!

Sincerely,
Malaysian Heart

UPDATE 18:15 12/6/09
Report from The Nut Graph - Audit committee to monitor contract in Selangor:


- The Selangor government will form an audit committee to monitor its waste management contracts to ensure that Selangor citizens are provided with value-for-money services

- ... this would curb the unhealthy and unethical practice of awarding contracts to brokers instead of genuine operators, which he said was rampant under the previous administration.
This is encouraging news. The Selangor state government must ensure that:
  1. the workings of the audit committee are open to public scrutiny & oversight
  2. There is no hint of political patronage in the awarding of contracts
  3. state officials, civil servants, elected & appointed reps & political leaders do not interfere in the contractor selection process
  4. good governance, transparency and accountability are fully implemented in the state
The Rakyat will be watching...


Read reactions from others here:
The Barisan Nasional disease
Selangor MB: Open tender system cannot be implemented within a year
Alam Flora contracts
40-30-30?