<![CDATA[Malay Mail - What You Think]]> https://www.malaymail.com/feed/rss/what-you-think What You Think en Malay Mail Copyright 2024 Malay Mail Fri, 29 Mar 2024 16:52:43 +0800 <![CDATA[Geopolitical realities and academic freedom: Whose narrative prevails? — Khoo Ying Hooi]]> https://www.malaymail.com/news/what-you-think/2024/03/29/geopolitical-realities-and-academic-freedom-whose-narrative-prevails-khoo-ying-hooi/126130 https://www.malaymail.com/news/what-you-think/2024/03/29/geopolitical-realities-and-academic-freedom-whose-narrative-prevails-khoo-ying-hooi/126130 Malay Mail

MARCH 29 — As part of the academic community, academic freedom holds a profound significance for me.

Regrettably, for many scholars, the importance of academic freedom often goes overlooked until its absence becomes glaringly apparent.

This oversight is particularly concerning in disciplines like international relations and political science, where the exploration of contentious issues is common.

The significance of academic freedom in these fields cannot be overstated.

International relations and political science scholars navigate complex and sensitive subjects, including intergovernmental relations and geopolitical tensions.

Yet, despite its importance, academic freedom faces mounting challenges, both from internal and external pressures.

While internal factors within academic institutions play a crucial role in safeguarding academic freedom, external influences, such as geopolitical considerations, are increasingly threatening its integrity.

The escalating tensions between global powers, such as the US and China, coupled with ongoing crises like those in Ukraine and Gaza, directly impinge upon the ability of scholars to express themselves freely.

However, the noticeable absence of open discourse regarding these threats is particularly concerning in many academic circles.

Geopolitical complexities, inherently fraught with sensitive issues, often go unexamined as scholars find themselves constrained by external pressures.

The absence of meaningful dialogue further exacerbates the challenges scholars face in upholding academic integrity amid political agendas.

This predicament highlights the delicate balance scholars must strike between pursuing objective research and the responsibility inherent in their academic pursuits.

As tensions escalate, the academic community should have the space to confront these challenges collectively and directly, ensuring that academic freedom remains an unwavering cornerstone of scholarly pursuit.

As is evident, universities have increasingly become a geopolitical battlefield, with the Israel-Gaza war serving as a stark example of its chilling impact on academic freedom.

Even in liberal democracies like Germany, we observe instances of repression targeting individuals who advocate for Palestinian rights.

Moreover, the erosion of democratic principles like Hong Kong, particularly following the implementation of the 2020 National Security Law, has further exacerbated concerns regarding academic freedom.

Reports indicate that Taiwanese students studying in Hong Kong universities feel constrained in discussing political matters, with many resorting to self-censorship out of fear of reprisal.

These instances highlight that issues of academic freedom are not limited to specific regions but are widespread, extending to Europe and North America.

Mounting geopolitical tensions have prompted a reconsideration of international academic co-operation, spotlighting the relationships forged by universities worldwide.

Geopolitical considerations are increasingly viewed as either facilitating or impeding higher education internationalisation. They can create tensions across stakeholder groups, competing for regional and global resources and privileges, often employing soft power tactics.

Geopolitical considerations are increasingly viewed as either facilitating or impeding higher education internationalisation. ― AFP file pic
Geopolitical considerations are increasingly viewed as either facilitating or impeding higher education internationalisation. ― AFP file pic

The controversial case of Chinese-funded Confucius Institutes is one prime example. While some Confucius Institutes in certain “democratic” countries, such as the US and the United Kingdom (UK), were shut down, their expansion continues unabated in the Asia Pacific region, revealing different narratives directly impacted by the geopolitical tension.

The concept of academic freedom is increasingly construed through a geopolitical lens, exemplified by the current dynamics between China and countries such as the UK and the US.

Variations in the contexts and cultures of global higher education give rise to diverse interpretations of the freedom to teach, learn, and govern within academia.

The impact of geopolitical concerns on academic freedom extends beyond matters of international cooperation or the freedom to teach and write; it encompasses the challenge of reconciling ideological differences amidst a shifting international order.

The integrity of scientific research is easily compromised when states exert influence. The distinction between soft power and propaganda becomes blurred, and the legitimacy and credibility of research often hinge on the absence of government interference.

Despite a shared acknowledgement of the importance of granting higher education institutions the autonomy to foster science diplomacy through research and education, government officials persist in exploiting these institutions to advance self-serving geopolitical agendas.

Amidst escalating geopolitical tensions, governments, research institutions, and individuals within established scientific systems face an expanding array of risks and challenges posed by states deemed violators of international norms.

While some argue that universities should refrain from collaborating with such countries, a blanket cessation of cooperation fails to account for the nuances between foreign policy and national politics.

This dilemma presents individuals pursuing education and research with a complex quandary: should they “pay” for geopolitical reasons?

In today’s turbulent geopolitical climate, it is imperative for universities and academics to assert their role in shaping international relations through higher education and research.

As higher learning institutions, universities are dedicated to nurturing an environment where scientific knowledge can thrive free from external pressures.

Recognising the fundamental disparities in political systems, ideologies, and values globally can engender disagreements and conflicts.

It is crucial, therefore, to openly discuss how these differences intersect with the realm of academic freedom.

Only through such discourse can universities and scholars navigate the complexities of geopolitical realities while upholding their commitment to intellectual autonomy and scholarly integrity.

* Khoo Ying Hooi, PhD is an Associate Professor at the Department of International and Strategic Studies, Faculty of Arts and Social Sciences, Universiti Malaya.

**This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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Fri, 29 Mar 2024 08:08:53 +0800 Geopolitical,realities,and,academic,freedom:,Whose,narrative,prevails?,— Khoo,Ying,Hooi
<![CDATA[Combatting vigilantism: Protecting Malaysia’s cultural harmony against distorted ideologies — Sisters in Islam ]]> https://www.malaymail.com/news/what-you-think/2024/03/28/combatting-vigilantism-protecting-malaysias-cultural-harmony-against-distorted-ideologies-sisters-in-islam/126018 https://www.malaymail.com/news/what-you-think/2024/03/28/combatting-vigilantism-protecting-malaysias-cultural-harmony-against-distorted-ideologies-sisters-in-islam/126018 Malay Mail

MARCH 28 — On this auspicious day of Nuzul Al-Quran, commemorating the momentous occasion when Prophet Muhammad (peace be upon him) received the first revelation of Islam’s sacred book, the Holy Quran, it is imperative for us as Muslims to reflect deeply on our current situation. This urgency is heightened considering the recent “sock gate” controversy, which has left us profoundly disturbed by the events that have unfolded.

It is imperative to remind ourselves of Malaysia’s intrinsic strength, rooted in its kaleidoscope of cultures and races — a testament to our profound diversity. Yet, amid this richness, sinister forces lurk, attempting to unravel the fabric of our society with their warped vision of Islam. Certain politicians, hungry for power and relevance, have shamelessly exploited this controversy to portray themselves as champions of a version of Islam — one that stands in stark contrast to its true essence of inclusivity, peace, and justice. While the act of printing the name of Allah on a sock is unquestionably disrespectful to Muslims, it is but a terrible oversight of the involved supermarket chain.

However, the aftermath of this debacle has been nothing short of calamitous for a nation that prides itself on its diversity. Vigilantes, masquerading in the name of Allah, have emerged, setting a perilous precedent toward religious extremism. It is appalling that such brazen behaviour continues unchecked, with authorities appearing lethargic in their response. The recent incarceration of individuals like Chiok Wai Loong and Ricky Shane Cagampang for their online comments on the controversy is a glaring indictment of justice and freedom of expression in our nation. While these individuals faced swift punishment, vigilante groups roam free, acting as judge, jury, and executioner. This stark double standard in law enforcement reeks of the erosion of the rule of law.

Moreover, the opportunistic exploitation of sensitive issues by politicians has fuelled a dangerous ‘lynch-mob’ mentality, suffocating dissenting voices and deepening societal schisms. It is imperative that the rantings of faceless individuals on social media not be used as a pretext for vigilantism, for such actions only serve to tear at the very fabric of our society. In his book Islam: Basic Principles and Characteristics, Khurshid Ahmad eloquently defines Islam as the “embodiment of the code of life,” a divine guide bestowed upon humanity by Allah.

Islam, at its core, champions the equality of all humanity, transcending barriers of colour, class, or race. The Quran’s poignant reminder of unity in al-Imran (3:103) serves as a beacon of hope in these tumultuous times. — Picture by Yusof Mat Isa
Islam, at its core, champions the equality of all humanity, transcending barriers of colour, class, or race. The Quran’s poignant reminder of unity in al-Imran (3:103) serves as a beacon of hope in these tumultuous times. — Picture by Yusof Mat Isa

Islam, at its core, champions the equality of all humanity, transcending barriers of colour, class, or race. The Quran’s poignant reminder of unity in al-Imran (3:103) serves as a beacon of hope in these tumultuous times.

Ayah al-Imran 3:103 beautifully states:

و ا ﻋ ﺘ ﺼ ﻤ ﻮ ا ﺤ ﻞ ا ﺟ ﻤ ﻌ ﺎ و ﻻ ﺗ ﻔ ﺮ ﻗ ﻮ ا و ا ذ ﺮ و ا ﻧ ﻌ ﻤ ﺖ ا ﻋ ﻠ ﻢ إ ذ ﻛ ﻨ ﺘ ﻢ أ ﻋ ﺪ ا ء ﻓ ﺄ ﻟ ﻒ ﺑ ﻗ ﻠ ﻢ ﻓ ﺄ ﺻ ﺤ ﺘ ﻢ ﺑ ﻨ ﻌ ﻤ ﺘ ﻪ إ ﺧ ﻮ ا ﻧ ﺎ –

“And hold firmly to the rope of Allah and do not be divided. Remember Allah’s favour upon you when you were enemies, then He united your hearts, so you — by His grace — became brothers.”

However, certain factions in Malaysia have propagated a distorted interpretation of Islam — a divisive and race-based ideology that betrays its foundational principles. They have hijacked Islam, reducing it to a tool for their selfish agendas.

The harsh reality facing Malaysia today is that we have veered off course from our foundational narrative. Politicians, driven by narrow agendas, have prioritised religious symbolism over the cherished values of multiculturalism and inclusivity.

Instead of fostering understanding and dialogue, we are now ensnared in a quagmire of intolerance, where dissent is stifled, and alternative perspectives are silenced. This dangerous trajectory has tarnished our nation’s reputation and undermined the very democratic principles we hold dear.

Yet, amidst this turmoil, a flicker of hope remains. Malaysia’s redemption lies in embracing the true principles of Islam — justice, fairness, and compassion. Our leaders must heed this call, steering the nation toward a future where diversity is celebrated, and harmony prevails.

It is time for Malaysia to reclaim its identity as a bastion of multiculturalism and tolerance, rejecting the divisive ideologies and self-serving politicians that threaten to tear apart the very fabric of our society.

About Sisters in Islam

Sisters in Islam is a non-governmental organisation working towards advancing the rights of Muslim women in Malaysia within the framework of Islam, universal human rights principles, constitutional guarantees, as well as the lived realities and experiences of women.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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Thu, 28 Mar 2024 16:25:02 +0800 sisters in islam SIS,Nuzul Al-Quran,Malaysian unity
<![CDATA[When proceedings in the Dewan Rakyat may be bereft of the most effective means of extracting truth and exposing falsehood — Hafiz Hassan]]> https://www.malaymail.com/news/what-you-think/2024/03/27/when-proceedings-in-the-dewan-rakyat-may-be-bereft-of-the-most-effective-means-of-extracting-truth-and-exposing-falsehood-hafiz-hassan/125807 https://www.malaymail.com/news/what-you-think/2024/03/27/when-proceedings-in-the-dewan-rakyat-may-be-bereft-of-the-most-effective-means-of-extracting-truth-and-exposing-falsehood-hafiz-hassan/125807 Malay Mail

MARCH 27 — In ”If there were allegations that could mislead Dewan Rakyat, were questions of privilege raised at the first opportunity?”, I referred to the classic work of Joseph Maingot who was Law Clerk and Parliamentary Counsel of Canada’s House of Commons and Member of the Law Reform Commission of Canada.

Maingot called each House of Parliament a “court” with respect to its own privileges and dignity and the privileges of each MP. The purpose is “to maintain the respect and credibility due to and required of each House in respect of these privileges, to uphold its powers, and to enforce the enjoyment of the privileges” of each MP. https://www.malaymail.com/news/what-you-think/2024/03/10/if-there-were-allegations-that-could-mislead-dewan-rakyat-were-questions-of-privilege-raised-at-the-first-opportunity-hafiz-hassan/122651/dw

But a House of Parliament is not a court of law where the veracity of a statement can be tested and ascertained by cross-examination.

The importance of cross-examination has been stressed in a plethora of decided cases, here and abroad. It has been said that cross-examination is:

  • the most effective of all means for extracting truth and exposing falsehood;
  • to assist in the administration of justice by revealing the truth to the court;
  • to eliminate or reduce the danger that a false conclusion will be reached; and

beyond doubt the greatest engine ever invented for the discovery of truth.

Unfortunately, the greatest engine ever invented for the discovery may not be available in the spat between Tasek Gelugor MP Wan Saiful Wan Jan and Tanjong Karang MP Dr Zulkafperi Hanapi and Gua Musang MP Azizi Abu Naim.

Wan Saiful on Tuesday (March 26) slammed the claim by the two floor-crossing Bersatu MPs that he had set conditions for his potential support of Prime Minister Anwar Ibrahim.

In a Facebook post, Wan Saiful accused the “outcasts” of betraying Bersatu’s principles and slandering him in the process.

Wan Saiful was responding to the claim made by Dr Zulkafperi and Azizi at a press conference on Monday (March 25). Both the latter said they never made any offers to coerce the Tasek Gelugor MP to support the prime minister.

Tasek Gelugor MP Datuk Wan Saiful Wan Jan (pic) on Tuesday  slammed the claim by the two floor-crossing Bersatu MPs that he had set conditions for his potential support of Prime Minister Anwar Ibrahim. ― File picture by Firdaus Latif
Tasek Gelugor MP Datuk Wan Saiful Wan Jan (pic) on Tuesday slammed the claim by the two floor-crossing Bersatu MPs that he had set conditions for his potential support of Prime Minister Anwar Ibrahim. ― File picture by Firdaus Latif

Both instead claimed that it was Wan Saiful who made demands in exchange for his support for Anwar’s leadership.

“If we look at it properly, all these offers were his own demands, set as conditions for his support of PMX (Anwar),” Zulkafperi had said.

The duo had reported Wan Saiful to a parliamentary committee over his accusation that they had attempted to persuade him to follow in their footsteps in pledging support for Anwar.

Dewan Rakyat speaker Johari Abdul, who acknowledged receiving the motions last Friday (March 22), said he understood that the duo were disappointed and had denied Wan Saiful’s allegations.

Johari said he intended to gather the facts and evidence before proceeding, either by directly referring all the three MPs elected representatives to a committee or by establishing a new committee composed of other MPs under Standing Order 80A.

Wan Saiful, in the meantime, said he had received a letter from the Dewan Rakyat speaker asking for an explanation, and he would submit his evidence directly to the committee.

Johari may be gathering facts and evidence, but he may not have the benefits of cross-examination, one of which is the most effective of all means for extracting truth and exposing falsehood.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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Wed, 27 Mar 2024 15:34:47 +0800 When,proceedings,in,the,Dewan,Rakyat,may,be,bereft,of,the,most,effective,means,of,extracting,truth,and,exposing,falsehood,—,Hafiz,Hassan
<![CDATA[Progressive amendment continues to leave mothers and children behind — Family Frontiers]]> https://www.malaymail.com/news/what-you-think/2024/03/26/progressive-amendment-continues-to-leave-mothers-and-children-behind-family-frontiers/125609 https://www.malaymail.com/news/what-you-think/2024/03/26/progressive-amendment-continues-to-leave-mothers-and-children-behind-family-frontiers/125609 Malay Mail

MARCH 26 — As the Government tables the Constitution (Amendment) Bill 2024, particularly the long-awaited ‘Mothers’ Amendment’ that will grant Malaysian mothers the equal right to confer citizenship to their overseas-born children, Family Frontiers and the Malaysian Mothers’ Network remain concerned about certain aspects of the bill.

Non-retroactive nature of the Bill

Firstly, the non-retroactive nature of the Mothers’ Amendment, outlined in Saving 12(1) (see note 1) of the Bill, raises significant concerns. This decision disregards the plight of existing children born overseas to Malaysian mothers and violates the Government’s commitments to affected families.

Countless mothers — especially those who are abroad, or have previously been unable to submit citizenship applications under Article 15(2) — are left in anguish and uncertainty upon learning that the amendment will not apply to them. Malaysian women such as those who are widowed and divorced will be disproportionately impacted by this. Many of them reside overseas and seek to return home permanently. Additionally, impacted children above the age of 18 are deprived of avenues to apply for citizenship, severely limiting their opportunities and rights as children of Malaysian citizens.

This abrupt backtrack by the Cabinet has sparked disillusionment among affected families. We strongly urge the Cabinet to revise the bill to ensure that the amendment guarantees automatic Malaysian citizenship for overseas born children to Malaysian mothers before the amendment.

The efforts of the mothers who have tirelessly campaigned for their rights must not be in vain — they have the right to be protected by the amendment and granted equal citizenship rights. Swift action is imperative to remedy this injustice and restore faith in the government’s promises. The Mothers’ Amendment will be a milestone in Malaysia’s history, and given its gravity, it must be comprehensive, meaningful, and rectify decades of injustices.

The amendment to Article 26(2) of the Federal Constitution

Secondly, the proposed amendment to Article 26(2) of the Federal Constitution (see note 2) regarding the deprivation of citizenship for foreign wives of Malaysian men whose marriage is dissolved within “two years of obtaining citizenship” is also deeply concerning. Previously, the provision allowed for deprivation of citizenship if the marriage was dissolved within two years from the “date of the marriage”.

This amendment could render the (previously) non-citizen wife stateless, as Malaysia does not recognise dual citizenship and they would have relinquished their original nationality to obtain Malaysian citizenship.

Family Frontiers said  the non-retroactive nature of the Mothers’ Amendment, outlined in Saving 12(1) (see note 1) of the Bill, raises significant concerns.  — Picture by Razak Ghazali
Family Frontiers said the non-retroactive nature of the Mothers’ Amendment, outlined in Saving 12(1) (see note 1) of the Bill, raises significant concerns. — Picture by Razak Ghazali

This amendment is unnecessary and irrelevant, as citizenship via Article 26(2) has been relatively inaccessible to foreign wives of Malaysian men. Current practices dictate that citizenship applications by foreign wives can take an average of 10 to 12 years, due to the requirement of obtaining different types of residency documents such as Long Term Social Visit Pass (LTSVP) and Permanent Residence (PR) before qualifying for citizenship.

This proposed amendment is unjustifiable as the Ministry of Home Affairs has not documented a single case of marriage of convenience nor has it collected any reliable data, as confirmed by the Deputy Minister of Home Affairs during a Parliamentary Special Chambers session on 12 March 2024.

A survey by Family Frontiers in January 2022 involving 65 foreign spouses of Malaysians who applied for Permanent Residence since 2014, revealed that over 58 per cent waited over four years for a response, 23 per cent were rejected without reasons, and no approvals were granted.

As such, we suggest that the government expand the protection of Article 26B(2) to Article 26(2) so that a foreign wife shall not be deprived of her Malaysian citizenship if the deprivation will render her stateless.

In conclusion, the Constitution (Amendment) Bill 2024 must protect the rights of vulnerable communities, not further threaten them. We call on the government to consider these concerns and ensure the amendments reflect the principles of justice and ihsan (compassion) that the Madani government champions.

* Note 1: 1 “The status of citizenship of any person born within or outside the Federation before the date of coming into operation of this Act shall, on the date of coming into operation of this Act, be dealt with in accordance with Part III of the Federal Constitution as if the Federal Constitution had not been amended by this Act.

* Note 2: “The Federal Government may by order deprive of her citizenship any woman who is a citizen by registration under Clause (1) of Article 15 if satisfied that the marriage by virtue of which she was registered has been dissolved, otherwise than by death, within the period of two years beginning with the date of marriage.

** This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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Tue, 26 Mar 2024 15:55:53 +0800 malaysian citizenship,citizenship of children born abroad,citizenship rights,citizenship for kids born overseas to Malaysian mums,citizenship issues
<![CDATA[Government’s move to drop citizenship law amendment after public backlash commendable — Unicef]]> https://www.malaymail.com/news/what-you-think/2024/03/26/governments-move-to-drop-citizenship-law-amendment-after-public-backlash-commendable-unicef/125593 https://www.malaymail.com/news/what-you-think/2024/03/26/governments-move-to-drop-citizenship-law-amendment-after-public-backlash-commendable-unicef/125593 Malay Mail

MARCH 26 — Unicef commends the government’s welcome steps to not proceed with proposed amendments relating to Malaysia-born stateless children, and foundlings.

This decision reflects a responsiveness to public concerns and underscores a commitment to upholding the rights and welfare of vulnerable populations, especially children.

Unicef acknowledges and supports such actions that prioritise the protection of children’s rights, aligning with international conventions such as the Convention on the Rights of the Child.

It is equally important to recognise that the remaining regressive amendments will impact certain groups of children and pose a threat to their fundamental rights

The proposed amendments, if implemented, risk depriving these children of essential rights to healthcare, education, and family unity.

To ensure the protection of children’s rights and uphold the principles of equality and inclusivity, it is imperative that these remaining amendments undergo comprehensive review by a Parliamentary Special Select Committee (PSSC).

Unicef acknowledges and supports such actions that prioritise the protection of children’s rights, aligning with international conventions such as the Convention on the Rights of the Child. — Picture by Devan Manuel
Unicef acknowledges and supports such actions that prioritise the protection of children’s rights, aligning with international conventions such as the Convention on the Rights of the Child. — Picture by Devan Manuel

This process will enable a thorough examination of the potential impact of the amendments and allow for the consideration of diverse perspectives and stakeholder input.

By subjecting these amendments to full parliamentary scrutiny, we can uphold the integrity of the legislative process and make the best decision for all children in Malaysia.

Unicef stands ready to support the government in this process, building on partnership and joint commitment for realising children’s rights, for an inclusive society where no child is left behind.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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Tue, 26 Mar 2024 14:31:11 +0800 citizenship of children born abroad,citizenship rights,malaysian citizenship law
<![CDATA[Constitutional (Amendment) Bill 2024 deserves distinguished treatment — Hafiz Hassan]]> https://www.malaymail.com/news/what-you-think/2024/03/26/constitutional-amendment-bill-2024-deserves-distinguished-treatment-hafiz-hassan/125517 https://www.malaymail.com/news/what-you-think/2024/03/26/constitutional-amendment-bill-2024-deserves-distinguished-treatment-hafiz-hassan/125517 Malay Mail

MARCH 26 — In ”Let’s all be bears”, I wrote of the great scholar, observer, popular teacher and good friend of Malaysia, the late Professor RH Hickling who once called a Bill (a proposed law) that was referred to a parliamentary select committee (PSC) as one that was singled out for a “distinguished treatment”.

The Constitutional (Amendment) Bill 2024, which was tabled for first reading in the Dewan Rakyat by Home Minister Saifuddin Nasution Ismail after weeks of debate and criticism, deserves the distinguished treatment.

“Good scrutiny makes for good government,” wrote Robin Cook, when he was Leader of the House of Commons. [Cook, R., Modernisation of the House of Commons, December 2001, available here.]

AccThe Constitutional (Amendment) Bill 2024, which was tabled for first reading in the Dewan Rakyat by Home Minister Saifuddin Nasution Ismail after weeks of debate and criticism, deserves the distinguished treatment. — Bernama pic
AccThe Constitutional (Amendment) Bill 2024, which was tabled for first reading in the Dewan Rakyat by Home Minister Saifuddin Nasution Ismail after weeks of debate and criticism, deserves the distinguished treatment. — Bernama pic

Good scrutiny, therefore, should make for good law.

Malaysians expect the Madani government to be a good government and the Bill, when passed, to be good law.

So, let’s give the Bill the distinguished treatment it deserves by referring it to the PSC.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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Tue, 26 Mar 2024 08:03:39 +0800 federal constitution,Constitutional (Amendment) Bill 2024
<![CDATA[Law-making process should not be bulldozed, law should not be rushed — Hafiz Hassan]]> https://www.malaymail.com/news/what-you-think/2024/03/25/law-making-process-should-not-be-bulldozed-law-should-not-be-rushed-hafiz-hassan/125315 https://www.malaymail.com/news/what-you-think/2024/03/25/law-making-process-should-not-be-bulldozed-law-should-not-be-rushed-hafiz-hassan/125315 Malay Mail

MARCH 25 — In Oppose not for the sake of opposing, I argued that there need not be a ruckus in the Dewan Rakyat over the granting of power to the prime minister under the Jurisdictional Immunities of Foreign States Bill 2023.

The Bill was passed after the Deputy Speaker Alice Lau Kiong Yieng put it to the House to vote at the end of the debate at its second reading. The following is recorded by Hansard dated March 19, 2024:

Timbalan Yang di-Pertua [Puan Alice Lau Kiong Yieng]: Ahli-ahli Yang Berhormat, sekarang saya kemukakan masalah kepada Majlis bagi diputuskan. Masalahnya ialah bahawa rang undang-undang ini dibacakan kali yang kedua sekarang.

[Masalah dikemukakan bagi diputuskan; dan disetujukan]

Immediately Datuk Seri Dr Ronald Kiandee (PN – Beluran] stood up and protested. He said:

Yang Berhormat Speaker, this is unfair. Saya nak sebut Peraturan Mesyuarat 54(1) dan Peraturan Mesyuarat 54(2).

What is Standing Order (SO) 54(1) and (2)?

54. Committal of Bills.

(1) A Bill may be committed to a Select Committee before its second reading.

(2) When a Bill has been read a second time it shall stand committed to a Committee of the whole House unless the House on motion commits it to a Select Committee. Such motion shall not require notice, must be made immediately after the Bill is read a second time, and may be proposed by any member; the question thereon shall be put forthwith and shall be decided without amendments or debate.

SO 54(2) is relevant here. It allows for a motion by any MP to commit the Bill to a Select Committee. The motion does not require notice but must be made immediately after the Bill is read a second time. The question raised in the motion must be put forthwith to, and decided by, the House without amendments or debate.

It is because of SO 54(2) that the parliamentary practice is for the Speaker — or Deputy Speaker who is in the Chair — to ask or call for a motion.

The Speaker would say: Ada Usul?

If there is no motion to commit a Bill to a Select Committee after its second reading, the Bill “shall stand committed to a Committee of the whole House”.

Kiandee was understandably animated in his protestations that he was denied his right under SO 54(2) to put forth a motion to commit the Bill to a Select Committee. It led to him saying to Deputy Speaker Alice Lau that she had “bulldozed the process”.

The commotion could be avoided had the Deputy Speaker called for a motion, to be put to the House immediately and decided upon.

Law-making process should not be bulldozed.

It is hoped that the process of the Bill on proposed amendments to the Federal Constitution concerning citizenship law, which will finally be tabled in Parliament for its first reading on Monday (March 25) will not be bulldozed.

The Bill, which is called the Constitutional (Amendment) Bill 2024, is listed as item No. 1 of Government Bills for First Reading.

After weeks of public criticism, it is hoped that the government will resort to SO 54(1) to commit the Bill to a Select Committee after its first reading and before its second reading.

The law cannot be rushed and rashly imposed, particularly where it adversely affects particular groups.

The law cannot be rushed and rashly imposed, particularly where it adversely affects particular groups. — Bernama pic
The law cannot be rushed and rashly imposed, particularly where it adversely affects particular groups. — Bernama pic

* This is the personal opinion of the writer and does not necessarily represent the views of Malay Mail.

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Mon, 25 Mar 2024 08:58:47 +0800 Dewan Rakyat,law making process
<![CDATA[Singapore’s race to self-sufficiency in Malaysia water stoush — TamilSalvi Mari]]> https://www.malaymail.com/news/what-you-think/2024/03/21/singapores-race-to-self-sufficiency-in-malaysia-water-stoush-tamilsalvi-mari/124738 https://www.malaymail.com/news/what-you-think/2024/03/21/singapores-race-to-self-sufficiency-in-malaysia-water-stoush-tamilsalvi-mari/124738 Malay Mail

MARCH 21 — Malaysia and Singapore have been locked in a culinary showdown over nasi lemak, each claiming their version reigns supreme. But beneath this entertaining gastronomic rivalry a bigger battle rumbles away: one over water.

Singapore’s water scarcity issues force it to rely on imported water for a large part of its day-to-day supply.

Singapore’s water agreements with Malaysia date back to 1927 and have been vital but contentious. Under the agreement, active until 2061, Singapore pays Malaysia for the right to draw over 960 million litres of water per day from the Johor River.

But since the early 2000s, Malaysia and Singapore have been at odds over the fairness of the agreement. Malaysia is pushing to renegotiate to strike what it feels is a fairer value for the water it sells while Singapore has stood firm by the terms of the existing agreement.

Malaysia believes the agreement effectively prioritises Singapore’s water security over its own.

The latest flare up came in November 2023 when Malaysia pushed for a review of the agreement due to “certain issues”. As the standoff continues, both nations are exploring alternatives to reduce reliance on imported water.

Singapore’s water strategy includes a water recycling initiative called NEWater and desalination.

Both initiatives buoy the government’s hope for water self-sufficiency. It says NEWater can meet around 30 percent of Singapore water needs now and could fulfil up to 55 percent by 2050, while desalination could meet 85 percent of its needs in future.

Some academics suggest there is a “good chance” Singapore will achieve water self-sufficiency by 2061, when the current agreement with Malaysia is set to expire. Doing so would mark a major milestone in water management and security.

However, neither initiative is without its environmental concerns.

Singapore boasts five desalination plants. The central concern stems from the energy-intensive method used in Singapore’s desalination process, reverse osmosis.

Reverse osmosis forces seawater through semi-permeable membranes under high pressure, leading to greenhouse gas emissions. Solar-powered desalination plants could ease some of the issues, but it is not a silver bullet.

Desalination plants require a steady intake and discharge of seawater, which can be disruptive for marine life, shifting their habitats and introducing concentrated brine back into the ocean. Brine may contain hazardous pretreatment chemicals, organic compounds and heavy metals, and can lead to ocean acidification and coastal pollution.

There are ways to curb these effects. Alternative disposal methods such as zero liquid discharge approach, developing technologies and cracking down on environmental regulations, can all help desalination plants run smoothly.

But as Singapore pushes towards a secure water future, it too has to discern where sustainability fits within that puzzle. For now, it continues using the agreed upon allocation of Malaysian water as it’s still the economical option compared to desalination or recycling processes.

The Malaysia-Singapore water agreement has big implications for Malaysian sovereignty, particularly the southern state of Johor.

The agreement restricts Malaysia’s control over its own water supply, granting Singapore a stipulated amount of water at a fixed price. It undermines Malaysia’s freedom to make water management decisions around its resources.

The pricing mechanism in the agreement has been contentious, with Singapore purchasing water at a much lower rate than the market price.

Critics argue that Malaysia should receive a fairer share of the economic benefits derived from water sales to Singapore. The terms of the deal means Johor misses out on revenue from its undervalued water resources, limiting its scope to develop.

Malaysia’s lapse into economic dependency on Singapore for water exports further complicates questions around its sovereignty. It has come to rely on a neighbouring country to buy its vital resource to maintain its economic growth and development.

There are many points of concern for Malaysia. The agreement has a clearly defined endpoint with no provisions mandating renegotiation or revision after the fact. Singapore is developing self-sufficiency, which means it could exit the agreement and leave Malaysia with a gaping hole in its revenue stream.

On the other hand, its inability to exert control over its own water resources before 2061 raises challenges in its own right. Malaysia is experiencing more disruptions to its potable water quality, causing water scarcity in parts of its growing population.

Escalating demand for water and population growth, coupled with floods, droughts and pollution, has led to a decline in water catchment areas, especially in Johor. The raw water capacity of the basin has started to diminish, highlighting the growing strain on the region’s water resources.

There are decades to go before Malaysia and Singapore have to definitively resolve their differences of the water agreements, but shifts in climate and water scarcity may force them to the table sooner. How that pans out may depend on how fast Singapore develops alternative water sources.

While the tenuous relationship between Malaysia and Singapore holds firm, all it takes is one leak for the geopolitical dam to break. — Creative Commons by 360info

* TamilSalvi Mari is a program director for the Master of Science in Virtual Design and Construction at Taylor's University, Malaysia.

** This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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Thu, 21 Mar 2024 16:18:30 +0800 singapore malaysia water agreement
<![CDATA[If the Madani Government is serious and committed to reforms… — Hafiz Hassan]]> https://www.malaymail.com/news/what-you-think/2024/03/21/if-the-madani-government-is-serious-and-committed-to-reforms-hafiz-hassan/124672 https://www.malaymail.com/news/what-you-think/2024/03/21/if-the-madani-government-is-serious-and-committed-to-reforms-hafiz-hassan/124672 Malay Mail

MARCH 21 — The UK House of Commons Liaison Committee (LC) is appointed to consider general matters relating to the work of select committees; to advise the House of Commons Commission on select committees; to choose select committee reports for debate in the House and to hear evidence from the Prime Minister on matters of public policy.

The powers of the LC are set out in House of Commons Standing Order (SO) No 145, which are available on the Internet here.

The Reports of the LC are published by The Stationery Office by Order of the House of Commons. All publications of the LC (including press notices) are on the Internet here.

The LC’s Reports illuminate the central role that parliamentary select committees play in the legislature’s scrutiny function.

The LC’s First Special Report of Session 2010–11, which was ordered by the House of Commons to be printed on July 21, 2010, included a response from the government to a report from the LC on the work of select committees in 2008–09.

In the report, the LC made two recommendations relating to pre-legislative scrutiny as follows:

“(Recommendation 3) We are pleased that the Leader of the House has embraced a more transparent system for the allocation of draft bills to committees for scrutiny. The Government did not publish enough draft bills in the last session to test properly the efficacy of the new system so we will continue to monitor progress into the current session and next Parliament.

“(Recommendation 4) If the Government is serious about the role that pre-legislative scrutiny can play in making better legislation, it needs to ensure that the committees tasked with conducting that scrutiny are given a reasonable amount of time in which to do it. We reiterate our view that this means, at a bare minimum, twelve weeks. If the Government is unable to ensure that the appointment of joint committees takes place more quickly than has been the case in the past two sessions it needs to publish draft bills earlier, to allow sufficient time for the committees to do their work.”

The government’s response was reported as follows:

“The new Government said that it had announced three draft bills and that consideration was being given to further draft bills which might be published for consideration in the current [parliamentary] session. It also confirmed that although it would consult on the best route for pre-legislative scrutiny of each draft bill, it considered that joint committees would scrutinise draft bills of major constitutional importance.

“The Government said it was committed to consulting interested parties in both Houses about the best route for pre-legislative scrutiny of each draft Bill. However, scrutiny by a joint committee is likely to be more appropriate than scrutiny by a select committee of the [House of] Commons for bills of major constitutional importance.

“The Government also said that it remained committed to a three-month minimum period for pre-legislative scrutiny. The Government was criticised in both Houses [House of Commons and House of Lords] for introducing the Fixed-term Parliaments Bill and the Parliamentary Voting System and Constituencies Bill without first subjecting them to pre-legislative scrutiny.

“In September 2012 and in February 2014, the Leader of the House of Commons, Andrew Lansley confirmed that the Government was committed, wherever possible, to publishing legislation in draft with a view to pre-legislative scrutiny.”

If the Madani Government is committed to institutional reforms then it must reform Parliament, making it play its role not only as a law-making body but also law scrutiny body through its select committees towards making better legislation. — File picture by Shafwan Zaidon
If the Madani Government is committed to institutional reforms then it must reform Parliament, making it play its role not only as a law-making body but also law scrutiny body through its select committees towards making better legislation. — File picture by Shafwan Zaidon

Malaysians should expect the same commitment from the Madani Government to publish legislation in draft with a view to pre-legislative scrutiny.

So, let’s have the proposed constitutional amendments on citizenship published with a view to pre-legislative scrutiny.

If the Madani Government is committed to institutional reforms then it must reform Parliament, making it play its role not only as a law-making body but also law scrutiny body through its select committees towards making better legislation.

If the Madani Government is committed and serious about reforms...

*This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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Thu, 21 Mar 2024 11:28:19 +0800 If,the,Madani,Government,is,serious,and,committed,to,reforms…,—,Hafiz,Hassan
<![CDATA[Confronting the viral threat of hepatitis in maternal care ― Neha Sethi]]> https://www.malaymail.com/news/what-you-think/2024/03/20/confronting-the-viral-threat-of-hepatitis-in-maternal-care-neha-sethi/124452 https://www.malaymail.com/news/what-you-think/2024/03/20/confronting-the-viral-threat-of-hepatitis-in-maternal-care-neha-sethi/124452 Malay Mail

MARCH 20 ― In the journey of motherhood, safeguarding the health of both mother and child is of utmost importance. Yet, amidst the myriad joys and challenges, a silent threat looms: viral hepatitis. Picture this ― a virus stealthily lurking, potentially wreaking havoc on the delicate balance of pregnancy. From hepatitis A to E, these insidious invaders pose risks beyond the immediate, with repercussions stretching far into the future.

Safeguarding the health of both mother and child is of utmost importance in a pregnancy. ― Picture by Aditya Romansa via Unsplash
Safeguarding the health of both mother and child is of utmost importance in a pregnancy. ― Picture by Aditya Romansa via Unsplash

Hepatitis, a severe liver infection, is primarily caused by various viruses including hepatitis A, B, C, and E. During pregnancy, these viruses can induce acute symptoms such as nausea, vomiting, fatigue, and abdominal discomfort, alongside more specific signs like dark urine and yellowing of the skin. While many cases resolve spontaneously, some necessitate medical intervention including fluid therapy and medications. Notably, chronic hepatitis B and C infections persist beyond six months, posing greater risks, particularly to infants born to infected mothers.

The hepatitis B virus, highly contagious through bodily fluids, including blood and saliva, can be transmitted from mother to child during childbirth. While some individuals clear the virus naturally, others become lifelong carriers, at risk of severe complications such as liver damage and cancer. Pregnant women with hepatitis B must be vigilant as transmission rates to newborns vary based on viral load, with significant risks if left unmanaged.

Despite the mode of delivery, hepatitis B does not dictate the need for a Caesarean birth. However, precautions are vital to mitigate transmission risks, especially as infants face high probabilities of chronic infection, potentially leading to life-threatening complications without proper management.

Routine screening for hepatitis B during prenatal care is imperative to implement preventive measures effectively. Vaccination within 24 hours of birth, alongside subsequent doses, forms the cornerstone of protection, bolstered by hepatitis B immunoglobulin administration to newborns for immediate defence. Additionally, antiviral therapy for mothers with high viral loads ensures viral suppression, safeguarding both maternal and foetal health throughout pregnancy.

By adhering to comprehensive preventive strategies and close medical supervision, pregnant women can significantly reduce the risk of vertical transmission of hepatitis B, ensuring the well-being of both mother and child.

Breastfeeding your baby after receiving HBIG and the hepatitis B vaccine at birth is generally safe, with minimal risk of transmitting hepatitis B through breast milk, particularly if your nipples remain intact. Continued antiviral treatment poses little risk to the baby, as they are exposed to minute amounts of the drug, with no evidence suggesting harm thus far.

Hepatitis A (HAV) during pregnancy is typically contracted through contaminated food or drink, with most individuals recovering without specific treatment. While transmission to the child is uncommon, HAV can trigger premature labour and other complications, necessitating timely vaccination within two weeks of exposure to safeguard both mother and baby.

Similar to hepatitis B, hepatitis C (HCV) can spread through bodily fluids and poses a risk of vertical transmission to infants, influenced by the maternal viral load and potential co-infection with HIV. Despite no approved treatments or preventive measures during pregnancy, infants born to HCV-infected mothers undergo testing around 18 months of age, with those infected requiring ongoing medical attention. Notably, breastfeeding is generally considered safe even with a hepatitis C infection, although long-term healthcare for both mother and child is essential.

In conclusion, let us not forget the power we hold in our hands – the power of knowledge and awareness. It is important that we spread the word to every new mother and expecting parent, shedding light on the risks and preventive measures against viral hepatitis. Through education and advocacy, we can empower individuals to take proactive steps towards protecting themselves and their precious bundles of joy.

Together, let us pave the way for a future where no mother or child need fear the silent menace of the stealthily lurking viral hepatitis.

* The author is a Consultant Obstetrician and Gynaecologist at the Department of Obstetrics and Gynaecology, Faculty of Medicine, Universiti Malaya, and may be reached at s_neha26@um.edu.my

** This is the personal opinion of the writer and does not necessarily represent the views of Malay Mail.

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Wed, 20 Mar 2024 11:05:44 +0800 Hepatitis,maternal care
<![CDATA[Celebrating World Oral Health Day in the heart of Ramadan ― Sofya Zulkiffli, Noor Azlin Yahya and Anas Hakimee Ahmad Ubaidillah]]> https://www.malaymail.com/news/what-you-think/2024/03/20/celebrating-world-oral-health-day-in-the-heart-of-ramadan-sofya-zulkiffli-noor-azlin-yahya-and-anas-hakimee-ahmad-ubaidillah/124437 https://www.malaymail.com/news/what-you-think/2024/03/20/celebrating-world-oral-health-day-in-the-heart-of-ramadan-sofya-zulkiffli-noor-azlin-yahya-and-anas-hakimee-ahmad-ubaidillah/124437 Malay Mail

MARCH 20 ― Ramadan, a religious month observed by millions around the world, holds thoughtful cultural and spiritual significance. This period promotes a sense of self-discipline, empathy, and spiritual belief as families and communities come together, observing fasting from sunrise to sunset. It’s a time of self-reflection, dedication, and, ultimately, the celebration of Aidilfitri. This year, Ramadan coincides with World Oral Health Day, an annual global event dedicated to highlight the importance of oral hygiene. This provides a unique opportunity to celebrate and promote oral health awareness within the context of Ramadan spirit.

May this Ramadan bring a month of blessings, all while maintaining a good oral healthcare. ― Picture by Rauf Alvi via Unsplash
May this Ramadan bring a month of blessings, all while maintaining a good oral healthcare. ― Picture by Rauf Alvi via Unsplash

During Ramadan, Muslims will fast from sunrise until sunset which can lead to dehydration and dry mouth. This condition, characterised by decreased saliva production, not only contributes to halitosis (also known as bad breath), but also increases the risk of tooth decay. Saliva is an integral part in the prevention of tooth decay, as it has cleansing effect, buffering ability, and antibacterial action. The reduced protective effects of saliva during this time highlight the need for heightened oral health awareness and care, aligning perfectly with the goals of World Oral Health Day.

The exciting Ramadan bazaars that only emerge during this holy month, offers a variable of delightful delicacies and sugary beverages. While these bazaars are closely associated with the Ramadan experience, they also pose potential risks to dental health. The high sugar content in many of these indulgences can lead to teeth decay, especially when combined with the diminished saliva production caused by dehydration due to fasting. World Oral Health Day serves as a timely reminder of the importance of moderation and the need to care for our oral health, even amidst the festivities.

Many Muslims may hesitate to seek dental treatment during Ramadan, fearing that procedures involving water might inadvertently break their fast. Many patients tend to postpone their dental treatment to after Ramadan, even though assurance was given by the dentist that proper water suction or moisture control will be performed throughout the procedure. Patients who have toothache resorts to consuming painkillers when they breakfast, to avoid going to the dentist during Ramadan.

However, most dental treatments, including emergency care, do not necessitate breaking the fast. According to guidelines released by the Department of Islamic Development Malaysia (Jakim), dental treatment won’t interfere with fasting as long as the patient doesn’t purposefully swallow anything while receiving treatment.

Dental professionals understand the importance of this and can offer guidance on managing oral health without compromising religious practices. As we approach World Oral Health Day, it’s crucial to remember that oral health is integral to overall health and spiritual well-being. This day encourages us to prioritise our oral hygiene routines, ensuring that we maintain healthy smiles without interrupting our spiritual journey during Ramadan.

In anticipation of Aidilfitri and in alignment with World Oral Health Day, let’s embrace the mantra “prevention is better than cure.” By adopting good oral hygiene practices — brushing twice daily with fluoridated toothpaste, flossing, and increasing water intake outside fasting hours — we can prevent dental issues and uphold our commitment to health. This proactive approach not only ensures a radiant smile for the Aidilfitri celebrations but also aligns with the global call to action for better oral health for all, championed by World Oral Health Day.

As we immerse ourselves in the beauty of Ramadan and the global community’s focus on oral health, let’s commit to maintaining our dental health, reflecting our dedication to personal and communal well-being. Celebrating World Oral Health Day within the context of Ramadan offers a unique opportunity to highlight the importance of oral health as part of our spiritual and physical journey, ensuring that we can fully enjoy the festivities and spiritual renewal that this time brings.

May this Ramadan bring a month of blessings to the Muslim community, all while maintaining a focus on the significance of oral healthcare.

* The authors are Restorative Specialists at the Restorative Department, Faculty of Dentistry, Universiti Malaya.

** This is the personal opinion of the writer and does not necessarily represent the views of Malay Mail.

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Wed, 20 Mar 2024 09:19:13 +0800 World Oral Health Day,oral health
<![CDATA[Oppose not for the sake of opposing — Hafiz Hassan]]> https://www.malaymail.com/news/what-you-think/2024/03/19/oppose-not-for-the-sake-of-opposing-hafiz-hassan/124344 https://www.malaymail.com/news/what-you-think/2024/03/19/oppose-not-for-the-sake-of-opposing-hafiz-hassan/124344 Malay Mail

MARCH 19 — In “Why the need for a State Immunity Act”, I explain the need for a State Immunity Act.

The legislation is long overdue in Malaysia. Similar legislation has been enacted for 46, 45 and 39 years in the UK, Singapore and Australia respectively.

Parliament has approved the Jurisdictional Immunities of Foreign States Bill 2023. — Picture by Miera Zulyana
Parliament has approved the Jurisdictional Immunities of Foreign States Bill 2023. — Picture by Miera Zulyana

The table below shows the provisions in the Jurisdictional Immunities of Foreign States Bill 2023, which has been passed by the Dewan Rakyat today, are comparable to the provisions in the Singapore and Australia legislation.

Concerns were reportedly raised over clauses related to the role and power of the prime minister outlined in the Bill.

Takiyuddin Hassan (PN-Kota Bharu) questioned Clauses 32 and 33, saying significant authority is granted to the prime minister instead of the Yang di-Pertuan Agong (YDPA).

“It is somewhat different from the laws of other countries that were established before Malaysia’s,” he said in the Dewan Rakyat.

“In other countries, such power is given to Her Majesty, the Governor-General, the President, or head of state,” he added.

Takiyuddin is right. In the UK, it is now His Majesty, in Australia the Governor-General, and in Singapore the President.

As a lawyer, Takiyuddin must be acutely aware, however, that all three Heads of State – His Majesty, the Governor-General and the President – act on advice of the Cabinet – effectively the prime minister.

That Clauses 32 and 33 grant power to the prime minister can be viewed positively – that is, the exercise of power by the prime minister can be subject to judicial review. It removes doubt as to the judicial amenability of the power.

Recent cases have shown how the exercise of executive power has been challenged and the objection to such challenges has been the non-justiciability of the power as exercised by the YDPA.

There need not be a ruckus in the Dewan Rakyat over the granting of power to the prime minister.

An Opposition today may be the government tomorrow. Oppose not for the sake of opposing.

* This is the personal opinion of the writer and does not necessarily represent the views of Malay Mail.

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Tue, 19 Mar 2024 19:40:18 +0800 State Immunity Act
<![CDATA[Be as forgiving as Prophet Muhammad (peace be upon him) ― Hafiz Hassan]]> https://www.malaymail.com/news/what-you-think/2024/03/19/be-as-forgiving-as-prophet-muhammad-peace-be-upon-him-hafiz-hassan/124213 https://www.malaymail.com/news/what-you-think/2024/03/19/be-as-forgiving-as-prophet-muhammad-peace-be-upon-him-hafiz-hassan/124213 Malay Mail

MARCH 19 ― The Prophet Muhammad (peace be upon him) was the complete example of forgiveness and kindness as ordained by his Creator, Most Merciful and Forgiving.

In Surah Al-A’raf (Chapter 7) verse 199, the Quran says: “Keep to forgiveness (Muhammad), and enjoin kindness, and turn away from the ignorant.”

In another Surah, Al-Fussilat (Chapter 41) verse 34, the Quran says: “(Muhammad) Good and evil are not alike. Repel evil with what is better. Then, the one you are in a feud with will be like a close friend.”

The Prophet always repelled evil with the good of forgiveness and kind behaviour. For him, love could foil hatred, and aggression could be won over by forgiveness.

In Surah Al-A’raf (Chapter 7) verse 199, the Quran says: 'Keep to forgiveness (Muhammad), and enjoin kindness, and turn away from the ignorant.' — AFP pic
In Surah Al-A’raf (Chapter 7) verse 199, the Quran says: 'Keep to forgiveness (Muhammad), and enjoin kindness, and turn away from the ignorant.' — AFP pic

With his forgiveness, he freed his people from the bondage of sin and crime, and also made them great friends of Islam.

He forgave those who brutally killed and then mutilated the body of his most beloved uncle Hamzah, who was sought out and killed by an Abyssinian slave of the wife of Abu Sufyan, Hind.

The Prophet forgave both Abu Sufyan ― one of the deadliest enemies of the Prophet and Islam and who led so many battles against Islam ― and Hind, and sought no retribution for their years of enmity.

Hind was so impressed by the Prophet’s magnanimity and stature that she said, “O Messenger of God, no tent was more deserted in my eyes than yours; but today no tent is lovelier in my eyes than yours.”

The Prophet forgave Ikrama, son of Abu Jahl, a well-known great enemy of the Prophet and Islam.

Ikrama ran away after the victory of Makkah and went to Yemen. After his wife embraced Islam, she brought him to the Prophet, who was so pleased to see him that he greeted him with the words:

“O emigrant rider, welcome.”

The Prophet forgave Safwan bin Umaya, one of the chiefs of Makkah, and another great enemy of the Prophet and Islam. Safwan promised a reward to Umair ibn Wahab if he managed to kill the Prophet.

Again, after the victory of Makkah, Safwan ran away to Jeddah in the hope of finding a berth that would take him to Yemen by sea. Umair ibn Wahab came to the Prophet and said, “O Messenger of God! Safwan ibn Umayya, a chief of his tribe, has run away from fear of what you might do to him and threatens to cast himself into the sea.”

The Prophet sent Safwan a guarantee of protection and, when he returned, he requested the Prophet to give him two months to come to a decision. Safwan was given four months, after which he became a Muslim by his own will.

Yet another vicious enemy of the Prophet and Islam was Habir ibn Al-Aswad. He was the one who inflicted a serious injury on Zainab, the beloved daughter of the Prophet when she decided to migrate to Madinah.

Zainab was pregnant when she started her migration, and the polytheists of Makkah tried to stop her from leaving. Habir physically assaulted her and intentionally caused her to fall down from her camel. Her fall had caused her to miscarry her baby, and she herself was badly hurt.

Habir had committed many other crimes against the early Muslims. He wanted to flee to Persia but, when he decided to come to Muhammad instead, the Prophet magnanimously forgave him.

For a period of 13 years while he was in Makkah, the Prophet was taunted, mocked, beaten and abused, both physically and mentally. Plots and attempts to kill were done more than once. Wars were waged against the Prophet and his followers when they were in Madinah.

Yet, when he entered Makkah victorious, the Prophet did not take revenge on anyone. The Prophet said to the Quraish:

“O people of Quraish! What do you think I will do to you?”

Hoping for a good response, they said: “You will do good. You are a noble brother, son of a noble brother.”

The Prophet then said:

“Then I say to you what Yusuf said to his brothers: ‘There is no blame upon you.’ Go! For you are all free!”

The Prophet Muhammad (peace be upon him) was the epitome of forgiveness and kindness.

Let’s be as forgiving as the Prophet Muhammad (peace be upon him). This is the month of mercy and blessings. There’s no better time.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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Tue, 19 Mar 2024 09:33:33 +0800 Prophet Muhammad
<![CDATA[Dissent is to be respected, majority is to be upheld — Hafiz Hassan]]> https://www.malaymail.com/news/what-you-think/2024/03/18/dissent-is-to-be-respected-majority-is-to-be-upheld-hafiz-hassan/124150 https://www.malaymail.com/news/what-you-think/2024/03/18/dissent-is-to-be-respected-majority-is-to-be-upheld-hafiz-hassan/124150 Malay Mail

MARCH 18 — It is critical that judges speak in dissent where necessary, said the Sultan of Perak, Sultan Nazrin Shah.

“Some judges may hold strong legal and moral convictions yet fail to articulate their concerns in their judgments and they may remain silent out of deference to the judgments of others; out of concern that their comments may be dismissed; or out of a misplaced belief that what they might have to say is not that important,” he added.

“Sometimes, the brave dissenting voice is transformed into law. A classic case is that of Brown v Board of Education 347 US 483 (1954) when the US Supreme Court gave weight to the spirit of Justice Harlan’s dissenting voice in Plessy v. Ferguson 163 US 537 (1896),” he further added in his special address at the launch of the book entitled, "Justice Above All, Selected Judgments of Tun Arifin Zakaria With Commentaries" in March 2017.

Allow me to add a classic English case of Liversidge v Anderson and Another (1941) before the House of Lords, then the apex court.

The case concerned the relationship between the courts and the state, and in particular the assistance that the judiciary should give to the executive in times of national emergency.

It concerned the legality of the detention of one Robert Liversidge by Sir John Anderson, the then Secretary of State for Home Affairs (the Home Minister) under the Defence (General) Regulations 1939.

The Regulations allowed the Home Minister to detain someone if he had “reasonable cause to believe”, amongst other grounds, that the person was a threat to national security.

The majority of the Law Lords gave the Regulations a subjective interpretation in that they deferred to the discretion of the Home Minister. The burden of proof was therefore on the detainee to show that his detention was unlawful. The majority saw it fit to allow the Home Minister to exercise such broad powers.

Lord Atkin, however, vigorously disagreed. His Lordship noted that the Regulations originally required that the Home Minister “be satisfied” that there were reasons to detain the suspect.

Parliament changed those words to “reasonable cause to believe”, rendering the detention to be made on objective grounds.

Lord Atkin was therefore of the view that the burden to justify the detention was on the Home Minister. In a strongly worded judgment, His Lordship said:

“I view with apprehension the attitude of judges who, on a mere question of construction, when face to face with claims involving the liberty of the subject, show themselves more executive-minded than the executive. Their function is to give words their natural meaning ....

“In a case in which the liberty of the subject is concerned, we cannot go beyond the natural construction of the Statute.

“In this country amidst the clash of arms the laws are not silent. They may be changed, but they speak the same language in war as in peace. It has always been one of the pillars of freedom, one of the principles of liberty for which on recent authority we are now fighting, that the judges are no respecters of persons and stand between the subject and any attempted encroachments on his liberty by the executive, alert to see that any coercive action is justified in law.

“In this case ... I protest, even if I do it alone, against a strained construction put upon words with the effect of giving an uncontrolled power of imprisonment to the Minister.”

Almost 40 years later in 1980, in the case I.R.C. v Rossminster & Others, again before the apex court, Lord Diplock, in considering the power of tax revenue officers in conducting raids, was of the view that it was up to the raiding officers to justify that they had reasonable grounds to raid.

Referring to Lord Atkin’s dissent in the Liversidge case, Lord Diplock said:

“For my part I think the time has come to acknowledge openly that the majority of this House in Liversidge v. Anderson were expediently and, at that time, perhaps, excusably, wrong and the dissenting speech of Lord Atkin was right.” (Emphasis added)

Thirty years later in 2010 in the case of Her Majesty’s Treasury & Others v Mohammed AlGhabra, the question before the apex court – now called the Supreme Court – was the legality of certain anti-terrorism legislation. Lord Hope opined as follows:

“The case brings us face to face with the kind of issue that led to Lord Atkin’s famously powerful protest in Liversidge v Anderson... Lord Bingham of Cornhill, having traced the history of that judgment, said that we are entitled to be proud that even in that extreme national emergency here was one voice – eloquent and courageous – which asserted older, nobler, more enduring values: the right of the individual against the state; the duty to govern in accordance with law; the role of the courts as guarantor of legality and individual right; the priceless gift, subject only to constraints by law established, of individual freedom.”

It should be said at the outset that it is the majority decision that is the law. But a dissenting voice may one day be “transformed” into law. That may take years, like the years it took before Lord Atkin’s dissent was acknowledged to be right.

Until that happens, the dissenting judgment is to be respected, the majority judgment is to be upheld.

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Mon, 18 Mar 2024 19:21:22 +0800 Supreme Court
<![CDATA[What can we learn about food waste management from South Korea and Japan — Chia Chu Hang]]> https://www.malaymail.com/news/what-you-think/2024/03/18/what-can-we-learn-about-food-waste-management-from-south-korea-and-japan-chia-chu-hang/124054 https://www.malaymail.com/news/what-you-think/2024/03/18/what-can-we-learn-about-food-waste-management-from-south-korea-and-japan-chia-chu-hang/124054 Malay Mail

MARCH 18 — Food waste has been a long-standing issue in Malaysia. According to a report, we are wasting approximately 16,720 tonnes of food daily, which accounts for 44% of the total waste. All this food waste will all end up in the landfill, where it will slowly decompose, releasing harmful substances into the soil and methane into the atmosphere. Notably, methane is a greenhouse gas that is estimated to be 25 times more potent than carbon dioxide.

With our landfills slowly running out of space and the effect of climate change being more and more apparent, it is vital to take this issue with a much more serious stance and start making some credible changes to combat food waste.

According to a report from 2016, households contribute the largest amount of food waste across the country, followed by night and wet markets, food courts and restaurants, hotels, and food and beverages industry.

With our landfills slowly running out of space and the effect of climate change being more and more apparent, it is vital to take this issue with a much more serious stance and start making some credible changes to combat food waste. — ETX Studio pic
With our landfills slowly running out of space and the effect of climate change being more and more apparent, it is vital to take this issue with a much more serious stance and start making some credible changes to combat food waste. — ETX Studio pic

It is not that Malaysians are ignorant about food waste issues. On the contrary, the study by Phooi et al. (2022) finds that 70% of Malaysians feel guilty when wasting food, yet more than 50% of Malaysians still waste food daily.

In the same study, 34.76% of Malaysians believed that a food waste charging or penalty system could be effective in reducing food waste, 23.17% believed in raising residents’ awareness, and 20.40% believed in encouraging leftover packing.

Let us examine the effectiveness of the food waste charging or penalty system via the case study of South Korea.

South Korea was once one of Asia’s biggest food wasters. According to the report, the average South Korean wasted 130kg of food annually, and their food waste recycling rate was less than 2% in 1995.

However, their food waste recycling rate skyrocketed to 95% in 2019, partly due to the volume-based fee system implemented in 1995 and the ban on dumping food waste in landfills in 2005 (Marshall, 2022).

A volume-based waste fee (VBWF) system is a policy wherein residents are charged fees proportionate to the volume of waste they dispose of.

In 2013, the South Korean government introduced a new waste disposal system to complement existing waste management efforts. Under this new system, the residents were mandated to buy biodegradable garbage bags with a specified volume corresponding to the price to dispose of their food waste.

Other methods exist, such as the weight-based waste fee (WBWF) system, which, as its name suggests, collects fees according to the weight of the waste.

South Korea’s implementation of the WBWF system is simple: An automated bin equipped with a scale and an RFID reader. If people want to dispose of their food waste, they must scan their unique RFID card; the bin will then open its cover to let people dump the waste. The bin automatically weighs the waste, and the resident will be charged accordingly.

The food waste collected would then be sent to be made into different valuable products such as biogas and compost via anaerobic digestion or even repurposed for livestock feed.

The initial implementation of the VBWF system has resulted in 23% reduction in domestic waste. Subsequently, a district in Seoul has used the WBWF system, and in six years, they have reduced a total of 47,000 tonnes of food waste.

The WBWF system shall integrate well into Malaysia since we are one of the first countries to incorporate RFID technology in our identity cards — MyKad, which we are already able to use as a payment method in public transport and toll booths on highways. This existing infrastructure lays a solid foundation for the successful implementation of the WBWF system.

The main challenges are where we put the bin, and how to ensure that people only throw food waste into it.

Perhaps, location-wise, it would be more suitable to have two different systems working in tandem, where we have the VBWF system for landed houses, as it would be easier for their residents to purchase volume-specified bags instead of going to a specific location to dispose of their food waste, especially for the elderly. For flats or condominiums, automated bins with the WBWF system at the bottom of the building would be sufficient, given that resident would only need to bring their waste downstair for disposal.

Meanwhile, the other challenge goes back to the core principle of promoting waste separation at a household level. This would need to be done through further education of the public and countrywide implementation of the Solid Waste and Public Cleansing Management Act 2007, which would require cooperation from all states and territories.

The route that South Korea took has drastically increased its food waste recycling rate, but this is not the only option available for reducing food waste. Legislative and regulatory efforts can also help at the retail level, urging stakeholders to implement technology to curb food waste as well.

As technology progresses, we are witnessing advancements that allow sufficiently trained Artificial Intelligence (AI) to analyse images at a level of detail far surpassing human capability. In light of this, what stops us from integrating modern tech to help us manage food waste more effectively?

Consider Japan as an example, where the government implemented the Food Recycling Law in 2001, and subsequently passed another law in 2019 aimed at reducing food loss. Since then, various establishments in Japan have adopted diverse technologies to effectively reduce food waste.

For example, Japan’s famous convenience store operator Lawson has been using Artificial Intelligence (AI) to help reduce its overstock of food by 30% and it aims to halve food waste by all their stores by 2030.

Another example of how the Japanese utilise technology to deal with food waste is through smartphone applications. There are several apps that, on one side, enable supermarkets to list food products nearing their expiration or end-of-shelf-life and, on the other, allow the consumer to locate discounted items based on their proximity.

Quantifying the impact of these apps on food waste reduction is challenging, as they are not government initiatives. However, media reports indicate that some apps achieved significant success, prompting local administrations in Japan to start collaborating with them.

Through cooperation between the government and private sectors, we could create a similar platform, but with extra features. Beyond merely helping users find discounted food, we could also integrate information about nearby food banks for convenient food donations.

Moreover, restaurants, hotels and hospitals can look for other ways to use modern tech, like data analysis via AI, to reduce food waste.

A Swiss company named Kitro has revolutionised food waste management by outfitting trash cans with cameras that capture photos of discarded items. Every time something is disposed of, the can also weighs it. Utilising AI, these smart trash cans can determine the types, quantities and, importantly, the patterns of food waste accurately.

Kitro claimed this could lead to savings of more than US$100,000 per year.

A hotel in Geneva said this had helped them optimise their plating after they realised their customers do not eat a specific food, which resulted in less food waste.

Of course, enacting new laws is not easy. Thorough research and solid evidence to back them are essential.

However, we are not starting from scratch.

In August of 2022, the then Minister of Housing and Local Government, Datuk Seri Reezal Merican, said they were working with the Japanese government to develop food waste management guidelines, and stated that they were in the final stages of submission. However, since then, there has been no further mention of the matter, and it has seemingly faded into silence.

In addition to enacting food waste management-related laws, there is a pressing need to educate the public on the difference between “expiration date” and “best before date”. Many individuals often confuse these two dates, mistakenly believing them to be interchangeable. Clarifying this difference is essential to prevent unnecessary food waste.

While expired food can be dangerous, food that has passed its best-before date is still considered safe to eat (albeit not with the best taste) from the viewpoint of food microbiology, even six months after the labelled date (Zielińska et al., 2020). Yet, Hashim et al. (2022) found that most Malaysian households throw away food that has passed its best-before date, despite the food being still edible.

Addressing food waste management is important in light of Sustainable Development Goal 12, which focuses on responsible consumption and production, and Target 12.3, which aims to halve food waste per capita at retail and consumer levels. However, considering the rising cost of living and concerns regarding landfill capacity, it becomes imperative to prioritise effective strategies for food waste management.

By integrating 4IR technology into our food waste management system and enacting laws that incentivise households to handle their food waste more responsibly, while also encouraging businesses to innovate new ways for waste reduction, there is optimism that we can achieve our target by 2030.

*Chia Chu Hang is a Research Assistant at EMIR Research, an independent think tank focused on strategic policy recommendations based on rigorous research.

**This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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Mon, 18 Mar 2024 09:01:28 +0800 What,can,we,learn,about,food,waste,management,from,South,Korea,and,Japan,—,Chia,Chu,Hang
<![CDATA[Calling out violations of the UN charter and international law — Ailsa Terry and Denys Mikhailiuk]]> https://www.malaymail.com/news/what-you-think/2024/03/18/calling-out-violations-of-the-un-charter-and-international-law-ailsa-terry-anddenys-mikhailiuk/124049 https://www.malaymail.com/news/what-you-think/2024/03/18/calling-out-violations-of-the-un-charter-and-international-law-ailsa-terry-anddenys-mikhailiuk/124049 Malay Mail

MARCH 18 — We find ourselves in 2024 facing a growing number of tragic conflicts around the world, as we are seeing in the Middle East and beyond.

Last month, we also saw the two-year anniversary of Russia’s illegal full-scale invasion of Ukraine.

But the illegal invasion on 24 February wasn’t the start of the story. That began 10 years ago.

On 18 March 2014, Russia illegally “annexed” the Crimean Peninsula, Russian troops having seized the Crimean Parliament, installed a puppet government, and held a fraudulent referendum.

Over the next eight years, the United Nations repeatedly noted the human rights violations of the Russian Federation in Crimea.

In particular, the United Nations High Commissioner for Human Rights reported that Russia was targeting the indigenous Muslim population, the Crimean Tatars.

These included arbitrary arrests; detentions; ill-treatment; torture; conscription of Ukrainian citizens; and denial of religious freedoms.

Russia has also backed separatists in the Donetsk and Luhansk regions of Ukraine, supplying them with arms, armour, and command structures.

It is from this separatist controlled territory that Russian military equipment taken from Russia and operated by Russian personnel shot down Malaysia Airlines Flight 17 on July 17 2014.

In February 2022, Putin launched what he called a ‘special military operation’, attempting to invade and occupy the rest of Ukraine.

When areas of Ukraine have been liberated from Russian control, such as Bucha, Lyman, and Kherson, mass graves of civilians were found.

The evidence was clear that many had been executed, with some victims showing signs of torture. Other civilians, including children, were abducted, and forcibly displaced to Belarus or Russia.

Russia’s war in Ukraine is an unprovoked and premeditated attack against a sovereign democratic state.

If Putin succeeds in seizing territory from another sovereign UN state, it undermines the international rules-based system in which we all have a stake.

Putin is not winning. Two years into a war that he mistakenly thought would take days. The longer it goes on, the more the people of Ukraine suffer, and the more Russian soldiers will die or be wounded. The war could end today if he withdrew.

This photograph taken on February 23, 2024 shows ‘The Wall of Remembrance of the Fallen for Ukraine’, a memorial for Ukrainian soldiers, in downtown Kyiv, ahead of the second anniversary of Russia's invasion of Ukraine. — AFP pic
This photograph taken on February 23, 2024 shows ‘The Wall of Remembrance of the Fallen for Ukraine’, a memorial for Ukrainian soldiers, in downtown Kyiv, ahead of the second anniversary of Russia's invasion of Ukraine. — AFP pic

We believe now is the time to increase our support so Ukraine not only wins the war, but emerges from it as a strong, sovereign, and free country.

The UK has pledged almost £12 billion in overall support to Ukraine since February 2022, of which £7.1 billion is for military assistance.

We have also trained nearly 60,000 Ukrainian servicemen since the illegal annexation of Crimea, with the aim of training a further 10,000 by mid-2024.

Last year, Ukraine and the UK co-hosted the Ukraine Recovery Conference, which strengthened international support for Ukraine to meet recovery and reconstruction needs.

This year, Switzerland will host a global summit on the Ukraine Peace Formula, and Swiss President Viola Amherd has stated she wants strong representation from the global South.

Malaysia’s experience in peace negotiations would be very welcome as part of these important discussions.

We welcomed Prime Minister Anwar’s unequivocal condemnation of the Russian invasion at the UN General Assembly last year, and his commitment to the UN Charter and international law last week in Australia. We share this commitment.

We will continue to call out violations of the UN charter and international law, wherever they occur, along with fellow members of the international community.

This includes Gaza, where we have called on Israel to act unequivocally in line with international humanitarian law and to uphold its responsibilities as an occupying power.

We have also called on Israel to halt settlement expansion immediately, and hold to account those responsible for extremist settler violence.

The UK has imposed sanctions on extremist Israelis who have violently attacked Palestinians in the occupied West Bank, because continued settler violence threatens West Bank stability.

And as with other conflicts around the world, we will continue to lead the way in providing humanitarian aid where it is needed. In total the UK has allocated £87m in humanitarian aid for the people of Gaza and we will continue to do more.

We are calling for an immediate pause to get aid in and hostages out, then progress towards a sustainable, permanent ceasefire, without a return to destruction, fighting and loss of life.

*H.E. Ailsa Terry is British High Commissioner and

Denys Mikhailiuk, Charge d'Affaires, Ukrainian Embassy

**This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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Mon, 18 Mar 2024 08:26:21 +0800 Calling,out,violations,of,the,UN,charter,and,international,law —,Ailsa,Terry,and Denys,Mikhailiuk
<![CDATA[Good oral health helps you sleep soundly — Azwatee Abdul Aziz]]> https://www.malaymail.com/news/what-you-think/2024/03/16/good-oral-health-helps-you-sleep-soundly-azwatee-abdul-aziz/123779 https://www.malaymail.com/news/what-you-think/2024/03/16/good-oral-health-helps-you-sleep-soundly-azwatee-abdul-aziz/123779 Malay Mail

MARCH 16 — World Sleep Day is observed annually on March 15 and this year the theme is “Sleep Equity for Global Health”.

Created and hosted by the World Sleep Society, World Sleep Day is an internationally recognised event that builds connections and raises sleep health awareness among researchers, health care workers, patients, and the public.

Participants from each of these stakeholder groups organise sleep health awareness activities in their local clinics, institutions, companies, and communities, promoting the importance of good sleeping habits.

As a dental specialist, I believe it is crucial to recognise the often-overlooked role that oral health plays in achieving restful nights. The relationship between the two may seem unconventional to most of us, but recent research suggests that a healthy smile may be the key to unlocking the secrets of a good night’s rest.

Let me explain.

Dentistry, traditionally associated with routine cleanings and cavity fillings, is evolving to cover a broader perspective on overall health. It is now understood that untreated dental issues can contribute to common sleep disruptions such as obstructive sleep apnea (OSA) and nocturnal teeth grinding (also known as bruxism).

OSA often manifests with symptoms such as snoring, disrupted sleep patterns, and excessive daytime sleepiness. The prevalence of OSA is notably higher in individuals with certain risk factors, including obesity, advanced age, and anatomical variations in the oral and pharyngeal structures.

To date, dentists are increasingly involved in the diagnosis and management of sleep apnea, recognising the role that issues such as tongue and jaw positioning can play in obstructing the airway.

Bruxism, on the other hand, is another common issue that can wreak havoc on both dental health and sleep quality. The wearing down of teeth due to grinding not only leads to dental problems but can also contribute to headaches, joint pain, and disrupted sleep patterns.

Oral health professionals, equipped with this epidemiological insight, could then play a vital role in recognising the signs and symptoms of sleep-related issues during routine dental examinations.

In conjunction with World Sleep Day, it becomes imperative therefore to empower individuals with the knowledge that their dental health is a crucial component of their overall well-being.

Educating patients about the correlation between dental health and sleep quality encourages them to view their dental check-ups not just as routine appointments but as integral to their holistic health. Some examples of preventive measures and lifestyle changes that can be done include:

1. Use of oral appliances: Devices such as mandibular advancement devices, has gained prominence as a non-invasive and effective intervention for mild to moderate OSA.

2. Oral hygiene habits: Emphasising the importance of maintaining good oral hygiene habits, including regular brushing and flossing, can contribute not only to dental health but also to overall well-being, including sleep quality.

3. Dietary considerations: Avoiding acidic foods and drinks, especially close to bedtime, can minimise the risk of acid erosion on teeth, addressing one of the contributors to both dental issues and disrupted sleep.

4. Night guards for bruxism: For individuals experiencing bruxism, the use of night guards can protect teeth from excessive grinding, mitigating the impact on dental health and promoting more restful sleep.

Regular dental check-ups are emerging as a frontline defence against potential sleep disruptors. Dentists, equipped with the knowledge and tools to identify early signs of sleep-related issues, can collaborate with sleep specialists to provide comprehensive care for their patients.

By addressing the root causes of sleep disturbances — often starting with the health of one’s teeth — individuals can take proactive steps towards achieving better sleep.

The combination of World Sleep Day and dental awareness calls for a collaborative approach within the healthcare community. Dentists, sleep specialists, and other healthcare professionals must work together to promote a comprehensive understanding of the interconnected aspects of oral and sleep health.

Your sleep quality depends on the health of your pearly whites. Please remember that.

* Dr Azwatee Abdul Aziz is an Associate Professor at the Department of Restorative Dentistry, Faculty of Dentistry, Universiti Malaya, and may be reached at azwatee@um.edu.my

**This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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Sat, 16 Mar 2024 11:26:22 +0800 World Sleep Day,oral health,sleep
<![CDATA[Projek SAMA calls for Green or White Paper on the proposed citizenship amendments — Projek SAMA]]> https://www.malaymail.com/news/what-you-think/2024/03/13/projek-sama-calls-for-green-or-white-paper-on-the-proposed-citizenship-amendments-projek-sama/123150 https://www.malaymail.com/news/what-you-think/2024/03/13/projek-sama-calls-for-green-or-white-paper-on-the-proposed-citizenship-amendments-projek-sama/123150 Malay Mail

MARCH 13 — Projek SAMA calls for the Madani Government to produce and lay before Parliament a Green Paper and allow more deliberation on the proposed amendments to Federal Constitution with regard to citizenship.

However, if the Government insists on a set of amendments, then it should be accompanied by a White Paper that explains the government’s justification for such contentious amendments, and furnishes facts, data and cases that guided its decision.

We call for all parliamentarians, especially the government backbenchers and opposition MPs to protect the Federal Constitution from rushed amendments. No one should be blind supporters of such amendments, nor the Parliament a mere rubber stamp. It should play a vital role in policy formation, with transparency and meaningful deliberation in the law-making process, and that should be the new practice and norm under this government premised on institutional reform.

While part of the amendments is progressive by granting citizenship of children of Malaysian mothers born out of the country, the other amendments are arguably regressive as they have far reaching implications for children born in Malaysia but nevertheless render stateless. The issues have been in the limelight of the media with civil society groups, government backbenchers and Human Rights Commission voicing real and serious concerns, while Home Minister YB Saifuddin Nasution citing “control” and “security concerns” as justification for the amendments.

In the debate, we note that the facts and data defending the government’s position are released partially and in stages without presenting a full picture justifying a pressing need for such amendments, not to mention some data presented by the Home Minister are heavily criticised as they are starkly contrary to the experience of and data collected by frontline activists, civil society groups and stateless individuals.

It is disturbing that constitutional amendments affecting the lives and rights of many are handled in such a manner shrouded in secrecy. — Picture by Devan Manuel
It is disturbing that constitutional amendments affecting the lives and rights of many are handled in such a manner shrouded in secrecy. — Picture by Devan Manuel

It is disturbing that constitutional amendments affecting the lives and rights of many are handled in such a manner shrouded in secrecy. Minister’s assurances per se cannot buy the society support unless sufficient room is provided for non-government stakeholders to make informed assessment on the merit and feasibility of the government proposal, its impact and implications on statelessness and society and its improvement and alternative policy to address both government and stakeholders’ interest.

We understand that the Sabah State Government and many parliamentarians in Sabah are particularly concerned with the security implications of certain existing provisions. It appears that some quarters want to present these restricting amendments as a quick fix on Project IC. If these amendments can indeed mitigate the consequences of Project IC, the Government should simply present facts and figures to convince the public. A rushed bill may be more damaging than just being a placebo, with unintended consequences including denying citizenship to some stateless natives in Sabah and Sarawak, and causing grave cruelty to abandoned babies nationwide, in direct contradiction to the value of “compassion” (Ehsan) in Madani.

If the Government is confident with its solution it should not fear presenting a green or white paper before tabling the bill. Tabling the bill for first reading in this sitting and for debate and vote in the next sitting does not protect the government's credibility if the bill has to be withdrawn because of backlash.

If any MPs can’t bring himself/herself to oppose it, then they must not be part of the yes vote. This is a justified occasion for backbench disobedience.

Taking into account past experiences, the government should aim to forge a cross party consensus through parliamentary select committee (PSC) to support this amendment, as what happened to the undi18 and anti-hopping amendments.

We wish to remind that if this constitutional amendment fails, as how the first Pakatan Harapan government failed to amend Article 2(1) of the Federal Constitution in 2019 despite its benign intention, the government's authority would be damaged, and such damage is self-inflicted.

It is high time that that we modernize the legislative process to allow more transparent, substantive deliberation and public participation on law-making process.

The mindsets of “government knows it all” must change.

*Project – Stability and Accountability for Malaysia (Projek SAMA) is an initiative to advocate for institutional reforms for the sake of political stability and accountability at a time when our nation steers through the uncharted waters of a hung parliament and coalition government. In Malaysia, we share the common (sama) destiny. Ngeow Chow Ying serves as convenor. You may contact us via email projeksama.malaysia@gmail.com or visit our website at www.projeksama.org for more information.

**This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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Wed, 13 Mar 2024 12:08:33 +0800 Projek,SAMA,calls,for,Green,or,White,Paper,on,the,proposed,citizenship,amendments,—,Projek,SAMA
<![CDATA[Leading the way: Sarawak should pioneer a universal child benefit — Derek Kok]]> https://www.malaymail.com/news/what-you-think/2024/03/12/leading-the-way-sarawak-should-pioneer-a-universal-child-benefit-derek-kok/123059 https://www.malaymail.com/news/what-you-think/2024/03/12/leading-the-way-sarawak-should-pioneer-a-universal-child-benefit-derek-kok/123059 Malay Mail

MARCH 12 — The Sarawak government has recently announced a wave of strategic initiatives, such as plans to establish its own airline and a ground-breaking move to offer free tertiary education to all.

These policy introductions reflect the Sarawak administration’s expressed desire to become the “strongest state in Malaysia for the next 50 years”, to borrow the words of Sarawak Premier Tan Sri Abang Johari Openg.

As Sarawak charts its course, the well-being and development of its youngest citizens must not be forgotten. Yet, far too many children in Sarawak are growing up in poverty and facing barriers to health, education, and opportunity — studies consistently show that children in Sarawak suffer the highest deprivations across all indicators in Malaysia.

This is where the introduction of a universal child benefit can transform the status quo and move us a step closer towards a society where every Sarawakian child, from cradle to college, has the opportunity to flourish.

A universal child benefit programme would provide direct financial assistance to families with children, regardless of their income level and without conditions.

This means that every child in Sarawak would receive the support they need to thrive, irrespective of their family’s socio-economic status.

A universal child benefit programme would provide direct financial assistance to families with children, regardless of their income level and without conditions. — Picture by Devan Manuel
A universal child benefit programme would provide direct financial assistance to families with children, regardless of their income level and without conditions. — Picture by Devan Manuel

In a state where far too many families struggle to make ends meet, this programme would provide a lifeline, ensuring that no child goes hungry or lacks basic necessities like clothing and shelter.

By lifting families out of poverty, Sarawak can break the persisting cycle of deprivation and create a brighter future for generations to come.

Moreover, investing in our children’s well-being is not just a moral imperative but also a strategic economic decision for the state.

Research has shown that children who grow up in poverty are more likely to face health problems, perform poorly in school, and struggle to find employment as adults.

By providing financial support to families, we can ensure that every child has access to quality healthcare, education, and opportunities for personal growth. This, in turn, will lead to a more skilled and productive workforce, driving economic growth and prosperity across the state.

Critics may argue about the financial implications of implementing a universal child benefit, citing concerns about budgetary constraints and sustainability.

However, such concerns pale in comparison to the long-term benefits of investing in our children. Studies from around the world have shown that every dollar spent on early childhood development yields a return on investment multiple times over, in terms of reduced healthcare costs, increased educational attainment, and higher earning potential in adulthood.

To fund this programme, the Sarawak state can draw from its new state sovereign wealth fund and oil and gas revenue, alongside consolidating existing programmes such as the Endowment Fund Sarawak (which provides RM1,000 in the form of a trust fund to every Sarawak-born child).

Pioneering a universal child benefit will also position Sarawak as a trailblazer in national policymaking.

Sarawak can inspire other states and also the federal government to follow suit, shifting the focus from a charity-based framework to a rights-based progressive model.

As the largest state in Malaysia, Sarawak wields significant influence, not only in terms of population but also in setting the tone for political public discourse.

By championing a universal child benefit, Sarawak can take the mantle of national leadership and bring us much closer towards securing a better future for all children in Malaysia, not just Sarawakian children.

* Derek Kok is Senior Research Analyst at the Jeffrey Cheah Institute on South-east Asia, Sunway University. His research focuses on social protection policies.

** This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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Tue, 12 Mar 2024 21:52:22 +0800 sarawak,universal child benefit,malaysian children,childcare
<![CDATA[Leave the landscape design to us — Hazreena Hussein]]> https://www.malaymail.com/news/what-you-think/2024/03/11/leave-the-landscape-design-to-us-hazreena-hussein/122716 https://www.malaymail.com/news/what-you-think/2024/03/11/leave-the-landscape-design-to-us-hazreena-hussein/122716 Malay Mail

MARCH 11 — Architects should not assume that landscape design is something they can do themselves. Period.

Look, I have nothing against the profession. Some of my best friends are architects. I was married to an architect. And currently, I am educating architecture students on the importance of landscape in their architectural design.

Architecture is, and will always be, part of who I am.

But landscape design is often regarded as a cosmetic afterthought, when in reality it can make a significant contribution to improving the environmental impact of a building (internally) or on an urban area (externally). Internal environmental control includes allowing natural cross- ventilation thus reducing the use of energy, such as large air-handling ducts. The external environmental strategy includes incorporating plants for their oxygen-producing and air- filtering qualities as well as their ability to reduce temperatures in shaded outdoor areas.

It is sometimes difficult to convince other professionals; especially architects, of importance of landscape design that deals with land use, site planning, design, construction, management and maintenance. Educating the Architecture professional about their everyday urban environment equips them to participate in the process of respecting and improving the built environment. Landscape design should be at the core of subjects taught — a theme linking biology, art and history.

Teaching children about their everyday urban environment equips them to participate in the process of respecting and improving the city. Cities themselves can be a great tool, a live laboratory for education. Landscape planting should be at the core of subjects taught — a theme linking biology, art and history. We must make funds available to interest and inform the public. We must teach good citizenship to young and old, and listen to our citizens. Much of our future ‘quality of life’ depends on getting this right.

I have developed a rather good roll of eyeballs, which I use to great effect before beginning a stream of invective in which I point out that sixty per cent of all buildings erected in this country are not designed by architects, and that whenever a really good building does appear, it has almost inevitably seen the light of day thanks to an architect or two.

Quite rightly, architects have fought extremely hard to retain registration and to protect their title. In doing so, they have ensured that others cannot masquerade as architects, and cannot claim that particular skill of balancing a knowledge of spatial design with a knowledge of construction to arrive at an individual solution for a particular client.

So why do many architects attempt to do the work of landscape architects?

Critics of the work of landscape architects point out dull municipal planning, expensive maintenance and costly schemes, which are an irritation to clients and public alike — not to mention a general lack of imagination.

I draw your attention to my earlier statement and would argue that possibly as many as seventy per cent of landscape projects in Malaysia haven’t been near a landscape architect, but that whenever a really beautiful, dynamic or sensitive landscape crops up, it sure has been designed by one.

Now I know how difficult it can be to persuade a client that some other professional help is needed, and I particularly understand what landscape architects do, or even that they exist.

Most architects these days do understand, however. Even so, apart from a small number of enlightened individuals, many still undertake landscape schemes with the help of a contractor. Is this because the client tells them to, or that they prefer to hang on to the fee, or simply that they don’t know any better?

Maybe much of this state of affairs is the fault of landscape architects themselves, who are notoriously bad at blowing their own trumpet. And I recognise that just as there are poor architects, there are also poor landscape architects.

Landscape is a complex thing, and it is often interesting to discuss the subject with architects. I usually reckon that if the word ‘landscaping’ is used by anybody, it implies a failure to understand the subject. It implies a cosmetic tarting up rather than dealing with the fundamentals of land use, site planning, design and management. Architects use it in abundance.

Clare Cooper Marcus, an expert in healing gardens at Edinburgh College of Art said, “Landscape Architects should design gardens, not architects. You do not want a brain surgeon to replace your hip, do you?”

What I would say to architects is this: if you are not one of the converted, you go back to cobbling landscapes together with the help of a man with a van and possibly a yard full of spare plants — watching them disintegrate and wondering what went wrong.

Conversely, you could have a quiet word with a friendly landscape architect who, I am certain, for a modest fee will translate your vision into reality and transform both your building and your reputation. Go on, try it!

* The author is an Associate Professor and has over 25 years of progressive teaching and research experience at the Department of Architecture, Universiti Malaya (UM). Currently, she is the Head for the Centre of Sustainable Planning and Real Estate, Faculty of Built Environment, UM, and may be reached at reenalambina@um.edu.my.

**This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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Mon, 11 Mar 2024 10:03:14 +0800 Leave,the,landscape,design,to,us,—,Hazreena,Hussein
<![CDATA[If there were allegations that could mislead Dewan Rakyat, were questions of privilege raised at the first opportunity? — Hafiz Hassan]]> https://www.malaymail.com/news/what-you-think/2024/03/10/if-there-were-allegations-that-could-mislead-dewan-rakyat-were-questions-of-privilege-raised-at-the-first-opportunity-hafiz-hassan/122651/dw https://www.malaymail.com/news/what-you-think/2024/03/10/if-there-were-allegations-that-could-mislead-dewan-rakyat-were-questions-of-privilege-raised-at-the-first-opportunity-hafiz-hassan/122651/dw Malay Mail

MARCH 10 — Joseph Maingot was Law Clerk and Parliamentary Counsel of Canada’s House of Commons and Member of the Law Reform Commission of Canada.

He died on October 23, 2023 aged 92, leaving behind two classic references: Parliamentary Privilege in Canada (McGill-Queen’s University Press 1997) and Parliamentary Immunity in Canada (LexisNexis Canada 2016).

In the first of the classic references, Maingot called parliamentary privilege as a branch of the law of Parliament – that is, it is part of the general public law of the country relating to the customs, practices, procedures, privileges, and powers of each House of Parliament and its Members.

Parliamentary privilege is a fundamental right necessary for the exercise of constitutional functions. It applies to anything an MP “may say or do within the scope of his duties in the course of parliamentary business.”

In any constitutionally governed country, the privileges, immunities and powers of its legislature as a body and the rights and immunities of the Members of such bodies are matters of primary importance.

No legislative assembly would be able to discharge its duties with efficiency or assure its independence and dignity unless it had adequate powers to protect itself and its members.

In Chapter 12 of the book, Maingot called each House of Parliament a “court” with respect to its own privileges and dignity and the privileges of each MP. The purpose is “to maintain the respect and credibility due to and required of each House in respect of these privileges, to uphold its powers, and to enforce the enjoyment of the privileges” of each MP.

A genuine question of privilege is therefore a serious matter not to be reckoned with lightly.

Any claim that privilege has been infringed needs to be raised in the House by means of a “question of privilege”, which is a matter for the House to determine. The procedure with respect to raising a question of privilege is governed by both the Standing Orders and practice.

An MP wishing to raise a question of privilege in the House must first convince the Speaker that his or her concern is prima facie – at first glance – a question of privilege.

The Speaker’s duty then is limited to deciding whether the matter is of such a character as to entitle the MP who has raised the question to move a motion which will have priority over Orders of the Day.

According to Maingot, a question of privilege must satisfy two conditions before it can be accorded precedence over the Orders of the Day. First, the Speaker must be convinced that a prima facie case of breach of privilege has been made. Second, the matter must be raised at the earliest opportunity.

If in the opinion of the Speaker the conditions have been met, the Speaker will inform the House that the matter is entitled to take precedence over the notices of motions and Orders of the Day standing on the Order Paper. In other words, the House must take the matter into immediate consideration.

As soon as the Speaker has so informed the House, the MP raising the matter is immediately allowed to move a motion.

The Speaker does not therefore decide whether a breach of privilege has in fact been committed. Whether there is a breach or not, it can only be decided by the House itself.

As Maingot put it, “ultimately it is the House which decides whether a breach of privilege has been committed.”

A question of privilege arising out of the proceedings during the course of a sitting may be raised immediately without notice, but at the earliest opportunity. The Speaker can reject questions of privilege when they are not raised at the earliest opportunity – or at the first opportunity, as it is said.

Yesterday (March 9), Communications Minister Fahmi Fadzil came under fire after he said on Friday (March 8) that the Cabinet had agreed to contact Dewan Rakyat Speaker Tan Sri Johari Abdul over some allegations made by Opposition MPs during the debate on the Motion of Thanks for the Royal Address that could mislead the House.

If there were allegations that could mislead the Dewan Rakyat, were questions of privilege raised at the first opportunity?

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Sun, 10 Mar 2024 20:49:06 +0800 dewan rakyat,dewan rakyat
<![CDATA[Self-awareness is key to unlocking youth resilience ― Nurul Afreen Naquiah Haminudin]]> https://www.malaymail.com/news/what-you-think/2024/03/09/self-awareness-is-key-to-unlocking-youth-resilience-nurul-afreen-naquiah-haminudin/122382 https://www.malaymail.com/news/what-you-think/2024/03/09/self-awareness-is-key-to-unlocking-youth-resilience-nurul-afreen-naquiah-haminudin/122382 Malay Mail

MARCH 9 ― The rise in anxiety among young people, fuelled primarily by a lack of self-awareness, is a pressing concern, especially amidst the backdrop of insecurity and societal pressures.

Societal expectations weigh heavily on the shoulders of young individuals, as highlighted by a 2023 report by the Mental Health Foundation in the UK. This pressure to conform to cultural or societal norms can lead to overwhelming stress and anxiety. For instance, the relentless pursuit of a ‘perfect’ body or academic excellence often produces feelings of dissatisfaction with one’s own body and constant worry about performance.

Moreover, research, such as a 2021 study involving junior high school students in China, have shown the importance of high self-esteem and resilience against common mental health issues like anxiety. Adolescents with a positive self-image are said to be better equipped to navigate challenges, while resilience empowers individuals to adapt to stressors and safeguard their well-being.

Also, the overwhelming influence of social media on our lives cannot be overlooked. Reports, such as one by The Guardian in 2023, have shed light on how social media fuels body image insecurities and contributes to mental distress among children and young adults. The constant flooding of idealised images and relentless comparisons on these platforms often builds feelings of inadequacy and decreases self-esteem.

Participants visiting one of the booths, creating a vibrant atmosphere buzzing with curiosity and eagerness to learn about themselves. ― Picture courtesy of Nurul Afreen Naquiah Haminudin
Participants visiting one of the booths, creating a vibrant atmosphere buzzing with curiosity and eagerness to learn about themselves. ― Picture courtesy of Nurul Afreen Naquiah Haminudin

Addressing the challenges of anxiety among youth requires a multidisciplinary approach that includes building self-awareness, promoting positive coping mechanisms, and establishing robust support systems. These elements play important roles in building healthy mental well-being and producing resilience in individuals.

Self-reflection stands at the front of this journey towards self-awareness. By encouraging individuals to go deeper into their thoughts, feelings, and behaviours, we can pave the way for introspection and self-discovery. Through this process, individuals gain insights into their strengths, weaknesses, and core values, therefore laying a foundation for self-awareness and resilience in the face of difficulty.

Also, effective coping mechanisms serve as important tools in managing stress and anxiety. By giving individuals with practical strategies to deal with life’s challenges, we empower them to cultivate a sense of control over their mental health. From mindfulness practices to healthy lifestyle habits, these coping mechanisms offer pathways to improved mental well-being and emotional stability.

In addition, fostering self-awareness helps to establish deeper connections with others. As individuals gain a better understanding of themselves, they become more understanding to the needs and experiences of those around them. This increased empathy not only strengthen social bonds but also contribute to a sense of belonging and support, finally reducing feelings of social isolation and loneliness.

And these benefits are the real drives behind our recent programme, organised in conjunction with World Mental Health Month. It was a collaborative effort by Bachelor of Counselling students from the Faculty of Education, Universiti Malaya under the guidance of Dr. Norfaezah Md. Khalid. Together, we successfully engaged about 200 students from all over campus to visit our booths, creating a vibrant atmosphere buzzing with curiosity and eagerness to learn about themselves.

With the theme “Understanding Yourself,” our goal was to provide participants with deeper insights into themselves through various activities and surveys at each booth. By engaging in these activities, individuals embarked on a journey of self-discovery, discovering layers of their personalities and gaining valuable insights into their strengths and areas for growth. Alongside this introspection, we aimed to equip them with practical coping mechanisms to navigate life’s challenges with resilience.

Unsurprisingly, the booth focusing on relationships received the most attention. Relationships are a fundamental aspect of human experience, influencing our emotions, behaviours, and overall well-being. The survey questions at this booth aimed to determine the role individuals predominantly play in a romantic relationship, offering insights that could help them find suitable partners and build healthier, more fulfilling connections.

In conclusion, it is very important for youths to cultivate self-understanding, not only to navigate anxiety but also to adapt to the ever-changing world. By fostering self-awareness and providing support for personal growth, we empower individuals to grow amidst life’s uncertainties and complexities.

I certainly hope that in our little ways, we have helped them to face their uncertain future with a slightly more conviction.

* The author is a third year Bachelor of Counselling student at the Faculty of Education, Universiti Malaya.

** This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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Sat, 09 Mar 2024 10:17:46 +0800 anxiety,self-awareness
<![CDATA[No parliamentary shield for bribery and its allegations — Hafiz Hassan]]> https://www.malaymail.com/news/what-you-think/2024/03/08/no-parliamentary-shield-for-bribery-and-its-allegations-hafiz-hassan/122318 https://www.malaymail.com/news/what-you-think/2024/03/08/no-parliamentary-shield-for-bribery-and-its-allegations-hafiz-hassan/122318 Malay Mail

MARCH 8 — In a landmark decision, a seven-judge Constitution Bench of the Supreme Court of India on Monday (March 4) unanimously ruled that Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) could not claim any immunity from prosecution for accepting bribes to cast a vote or make a speech in the House in a particular fashion.

Article 105(2) of the Indian Constitution confers on MPs immunity from prosecution in respect of anything said or any vote given in Parliament or on any parliamentary committee. Similarly, Article 194(2) grants protection to MLAs.

Notwithstanding the clear constitutional provisions, the apex court said that privileges and immunities “are not gateways to claim exemptions from the general law of the land”. Bribery is not protected by parliamentary privilege, it said in no unmistaken terms.

Chief Justice of India D Y Chandrachud, who delivered the judgment of the Court, said:

“Corruption and bribery of members of the legislature erode the foundation of Indian parliamentary democracy. It is destructive of the aspirational and deliberative ideals of the Constitution and creates a polity which deprives citizens of a responsible, responsive and representative democracy.”

In so ruling, the Chief Justice said that the Court disagreed with and overruled a 25-year-old majority view of the Court, laid down in the infamous JMM bribery case judgment of 1998, that lawmakers who took bribes were immune from prosecution for corruption if they go ahead and vote or speak in the House as agreed.

In a landmark decision, a seven-judge Constitution Bench of the Supreme Court of India on Monday (March 4) unanimously ruled that Members of Parliament and Members of Legislative Assemblies could not claim any immunity from prosecution for accepting bribes to cast a vote or make a speech in the House in a particular fashion. — Reuters pic
In a landmark decision, a seven-judge Constitution Bench of the Supreme Court of India on Monday (March 4) unanimously ruled that Members of Parliament and Members of Legislative Assemblies could not claim any immunity from prosecution for accepting bribes to cast a vote or make a speech in the House in a particular fashion. — Reuters pic

According to the Chief Justice, the majority on the five-judge Bench in the JMM bribery case had erred — a grave error that the Court did not want to perpetuate.

The head of Indian judiciary considered representative democracy was at stake and dismissed notions that whittling down of parliamentary immunity would expose a vote or a speech made by Opposition lawmakers in the House to criminal investigation and thus enhance the possibility of abuse of the law by political parties in power.

Bribery is destructive to the “aspirational and deliberative ideals of the Constitution and creates a polity which deprives citizens of a responsible, responsive and representative democracy”.

While Articles 105 and 194 of the Indian Constitution seek to sustain an environment in which debate and deliberation can take place within the legislature, parliamentary immunity would kick in only if a legislator acts in furtherance of “fertilising a deliberate, critical and responsive democracy”.

Article 105(2) and Article 194(2) state that no member of Parliament/Legislature of a State shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament/Legislature or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of a House of any report, paper, votes or proceedings.

The constitutional parliamentary immunity is similarly worded in Article 62(2) and (3) of the Federal Constitution.

Inspired by the unanimous decision of the Indian Supreme Court, one may argue that constitutional parliamentary immunity in Malaysia should not shield a member of the legislature, be it Parliament or state legislative assembly, from liability in respect of bribery or anything said in respect of allegation of bribery when taking part in any proceedings in the House of a legislature.

Bribery erodes the foundation of parliamentary democracy. Its commission and allegations of it, even in the House of a legislature, should be dealt with by the general law of the land.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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Fri, 08 Mar 2024 21:44:51 +0800 india court case,corruption,india supreme court
<![CDATA[Reimagining the narrative: Upholding equality for Malaysian women — Ameena Siddiqi ]]> https://www.malaymail.com/news/what-you-think/2024/03/08/reimagining-the-narrative-upholding-equality-for-malaysian-women-ameena-siddiqi/122291 https://www.malaymail.com/news/what-you-think/2024/03/08/reimagining-the-narrative-upholding-equality-for-malaysian-women-ameena-siddiqi/122291 Malay Mail

MARCH 8 — Malaysia is a country that prides itself on its diversity, development, and democracy. Yet, when it comes to the rights and opportunities for its women, it falls woefully short. Malaysian women are expected to be super women, juggling multiple roles, and navigating a labyrinth of expectations while contending with systemic discrimination, injustices, and even violence.

A Malaysian woman must be polite, soft-spoken, and obedient to her husband and elders. She must also be a successful career woman, contributing to the household income and national economy.

She bears children and raises them with care and devotion while she manages household chores, cooks delicious meals, and caters to her husband’s needs. She must do all this without complaining, asking for help, or expecting any recognition or reward.

But even if she does all this, she is not safe or secure, she can be abandoned by her husband, who can easily take a second, third wife or even fourth wife, without her consent or knowledge. She can be dragged to the Syariah court, where she will face a long and arduous battle for her rights and dignity. Here she can be denied child support, alimony, or inheritance. Though recently men insist that Syariah courts are in jeopardy, the truth is – it is the men who do not in fact respect the judgements meted out by these very courts they want to uphold.

A woman can also be harassed, abused, or raped as marital rape remains unrecognised by law, and blamed for provoking or inviting it. She can be silenced, shamed, or punished, for speaking out or standing up for herself. In contrast, Malaysian men enjoy privileges within this patriarchal system. They benefit from the labour of their wives, maintain authority within the household, and evade accountability for actions that would be deemed unjust or immoral if committed by their female counterparts. They can do all this, because they are men, and have the law, religion, and culture on their side.

This is the reality of a patriarchal society, where women are treated as second-class citizens, and men are given the privilege and power to control and exploit them. This is the result of a misplaced ego and value system, that is reinforced by misguided religious beliefs and interpretations.

The obstacle to a truly progressive and prosperous Malaysia is obvious.

Malaysia is a country that prides itself on its diversity, development, and democracy. Yet, when it comes to the rights and opportunities for its women, it falls woefully short. Malaysian women are expected to be super women, juggling multiple roles, and navigating a labyrinth of expectations while contending with systemic discrimination, injustices, and even violence. — Picture By Raymond Manuel
Malaysia is a country that prides itself on its diversity, development, and democracy. Yet, when it comes to the rights and opportunities for its women, it falls woefully short. Malaysian women are expected to be super women, juggling multiple roles, and navigating a labyrinth of expectations while contending with systemic discrimination, injustices, and even violence. — Picture By Raymond Manuel

Nationality laws

One of the most glaring examples of this inequality is the nationality law, that denies Malaysian women the right to pass their citizenship to their children born abroad, while granting this right to Malaysian men. This law affects thousands of families, who face difficulties in accessing education, health care, and social services for their children. It also exposes them to the risk of statelessness, which can have devastating consequences for their human rights and dignity.

The High Court ruled in August 2021 that this law was unconstitutional, and that Malaysian mothers have equal rights to pass their citizenship to their overseas-born children. However, the government appealed this decision, and the Court of Appeal overturned it a year later. The case is now pending at the Federal Court, where the fate of these families hangs in the balance.

Law and amendments

The Malaysian government has proposed amendments to the Federal Constitution that will grant Malaysian mothers equal rights to confer automatic citizenship on their overseas-born children, just like Malaysian fathers.

This change is intended to address the long-standing issue of children born overseas to Malaysian mothers and non-Malaysian fathers, enabling them to become Malaysian citizens by operation of law, meaning automatically without having to apply to be one personally.

However, this proposal comes with constitutional regressive amendments which will worsen statelessness for others, particularly affecting abandoned children, foundlings, vulnerable children, and children born to permanent residents of the country.

Therefore, to pass this law, the majority of our decision-makers in Parliament, who are men, have decided to introduce these five regressive amendments. Which potentially infringe on the rights of other children and individuals who are in a vulnerable state. This law is not only discriminatory and unjust, but also outdated and illogical. It contradicts the spirit and the letter of the Federal Constitution, which guarantees equality and non-discrimination for all citizens. The regressive amendments totally befuddle the rational mind of any human being with a shred of integrity. It also goes against the international conventions and norms, that Malaysia has ratified or endorsed, such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and the Convention on the Rights of the Child (CRC) both in 1995.

Malaysia is one of only 28 countries in the world, that still prevent women from passing their nationality to their children on an equal basis with men. This is a shameful and embarrassing statistic, for a country that claims to be a leader and a model in the region and world.

It is also a hindrance and a liability, for a country that aims to achieve a high-income and a high-impact status, by harnessing the talents and potentials of its people.

Political arena

The proportion of seats held by women in parliament in Malaysia declined to 13.57 per cent in 2022, from 14.43 per cent in 2018. This is far below the global average of 25.5 per cent, and the regional average of 20.6 per cent.

This is also a regression and disappointment, for a country that had a historic change of government in 2018, and a promise of a new and better Malaysia.

Participation in the work force

The low representation of women in politics reflects low participation of women in decision-making and leadership positions, in other sectors and spheres of society. It also affects the quality and effectiveness of the policies and programmes, that are designed and implemented for the benefit and the welfare of the people, especially women and children.

The Department of Statistics Malaysia’s recent data reveals that female labour force participation rate stood at a mere 56.2 per cent in the second quarter of 2023 as compared to 82.8 per cent male labour force participation rate, demonstrating the gender disparity within the Malaysian workforce.

Malaysian women deserve better. They deserve to be treated as equal and respected partners, not as inferior and subordinate dependents, to have a voice and a choice, not to be silenced and suppressed.

Their demands are not extravagant; they merely seek justice, fairness, and acknowledgment of their invaluable contributions to Malaysian society. Malaysian women are not asking for superhuman feats; they simply seek to reclaim their rightful place as equal citizens in a fair and inclusive nation. Malaysian women are human beings, they have needs and wants, dreams and hopes, feelings and emotions. They are not perfect, and they do not expect perfection. They are not asking for too much but are asking for what is theirs rightfully and are willing to fight for it.

Women are the backbone and heartbeat of the nation. They are the mothers and daughters, sisters and wives, friends and colleagues, leaders and followers in society and the economy.

Women are past, present, future and the legacy of Malaysian history and identity. It is time to dismantle the barriers that hinder Malaysian women from realising their full potential. Therefore, to end the cycle of discrimination, injustice, and oppression. It is time to build a Malaysia where every individual, regardless of gender, can thrive and contribute to the nation’s progress.

To achieve this vision of equality, Malaysia must undertake legal reforms, increase women’s political participation, raise awareness about gender equality, ensure access to justice for survivors of violence, promote women’s economic empowerment, engage men and boys as allies, and leverage international cooperation and partnerships. By taking concerted action at all levels of society, Malaysia can work towards creating a fair, inclusive, and prosperous nation where women’s rights are upheld, and their contributions are valued and respected.

Sources

1. https://www.talentcorp.com.my/resources/press-releases/talentcorp-addresses-gender-disparity-with-the-women-career-convention-2023#:~:text=KUALA%20LUMPUR%2C%2026%20October%20%E2%80%93%20The,gender%20disparity%20within%20the%20Malaysian

2. https://www.malaysianbar.org.my/cms/upload_files/document/16-28_Honey%20Tan-4.pdf

3. https://www.suhakam.org.my/wp-content/uploads/2013/11/ReportRTDonCRC.pdf

4. https://www.thestar.com.my/lifestyle/family/2023/03/31/malaysia-long-way-from-achieving-gender-equality-says-sdg-511-report

5. https://www.statista.com/statistics/730186/malaysia-proportion-of-seats-held-by-women-in-national-parliament/

6. https://www.channelnewsasia.com/asia/malaysia-stateless-children-citizenship-amendments-constitution-mothers-overseas-born-children-3925041

7. https://www.malaymail.com/news/malaysia/2023/02/18/anwar-cabinet-agrees-to-enable-automatic-citizenship-for-children-born-overseas-to-malaysian-mums/55523

8. https://constitutionnet.org/news/malaysias-proposed-citizenship-amendments-gender-equality-moving-ahead

* Ameena Siddiqi is a media and publishing professional with over 20 years of experience.

** This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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Fri, 08 Mar 2024 19:38:34 +0800 International Women’s Day,gender equality in malaysia,malaysian women
<![CDATA[Citizenship amendment: Counting on responsible members of Parliament — Malaysian Citizenship Rights Alliance]]> https://www.malaymail.com/news/what-you-think/2024/03/08/citizenship-amendment-counting-on-responsible-members-of-parliament-malaysian-citizenship-rights-alliance/122181 https://www.malaymail.com/news/what-you-think/2024/03/08/citizenship-amendment-counting-on-responsible-members-of-parliament-malaysian-citizenship-rights-alliance/122181 Malay Mail

MARCH 8 — Exactly one year ago, civil society groups rallied behind Malaysia’s Unity Government as it unveiled plans to amend the Federal Constitution, aiming to grant Malaysian mothers the right to confer citizenship upon their children born overseas — a privilege previously reserved solely for Malaysian fathers.

Since then, significant developments have unfolded, culminating in the introduction of a ‘comprehensive’ citizenship amendment package by the government. To the dismay of many, this package also included five regressive amendments to strip away the citizenship rights of marginalised Malaysian families, including foundlings, orphans, children born out of wedlock, and adopted children.

Despite relentless efforts and pleas urging the government to reconsider and halt the tabling of these regressive amendments, our appeals have fallen on deaf ears. Civil society organisations have been met with dismissive responses, and instructed to accept the package of amendments, which propose to trade the rights of overseas born children to Malaysian mothers with existing citizenship rights for our most vulnerable children that are currently guaranteed within the Federal Constitution.

Malaysian mothers have fought long and hard for the futures of their children. Coupling a progressive amendment that grants Malaysian mothers equal citizenship rights with five regressive amendments that threaten the safety and security of other vulnerable children is a betrayal of everything Malaysian mothers have been fighting for.

Today, on International Women’s Day, we collectively reject the government’s attempt at horse trading children’s rights. We stand resolute in our call for the government to decouple the amendments — proceed with the amendment that will grant Malaysian mothers the right to confer citizenship to their overseas-born children; and drop the five regressive amendments that threaten our nation’s vulnerable children. Gender equality cannot be achieved by granting rights with one hand while simultaneously stripping away citizenship rights of vulnerable children with the other.

Gender equality cannot be achieved by granting rights with one hand while simultaneously stripping away citizenship rights of vulnerable children with the other. — Picture by Devan Manuel
Gender equality cannot be achieved by granting rights with one hand while simultaneously stripping away citizenship rights of vulnerable children with the other. — Picture by Devan Manuel

Impacted mothers, activists, and civil society advocates stand united in firmly reminding the government to act with responsibility, compassion, clarity and sincerity, and to refrain from politicising the fundamental right to citizenship.

On this Women’s Day, we place our trust in our elected representatives to effectively articulate our concerns and take the necessary actions to safeguard women and children rights enshrined in the constitution.

*Submitted by Malaysian Citizenship Rights Alliance (MCRA)

** This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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Fri, 08 Mar 2024 10:50:49 +0800 Malaysian citizenship,Malaysian children,Malaysian mothers
<![CDATA[A call for action: Malaysian government’s commitment to gender equal citizenship — Family Frontiers]]> https://www.malaymail.com/news/what-you-think/2024/03/08/a-call-for-action-malaysian-governments-commitment-to-gender-equal-citizenship-family-frontiers/122144 https://www.malaymail.com/news/what-you-think/2024/03/08/a-call-for-action-malaysian-governments-commitment-to-gender-equal-citizenship-family-frontiers/122144 Malay Mail

MARCH 8 — It’s been a year since the Malaysian government made a commitment to enable Malaysian women to confer citizenship to their children born overseas by operation by law, on an equal basis with men.

The Government’s announcement to amend Part I Section 1(1)(d) and 1(1)(e) Part II, Section 1(c) and 1(c) of the Second Schedule of the Federal Constitution marked a milestone in this long-awaited move towards gender equality and equal citizenship rights. But how much has this issue progressed in the last twelve months?

Unfortunately, this progressive amendment has been bundled with five other regressive amendments which will remove existing rights in the Federal Constitution that protect vulnerable children against the threat of statelessness.

Despite calls from Family Frontiers and other civil society organisations (CSOs) to decouple the amendment granting Malaysian women the equal right to confer citizenship to their children from the five regressive amendments, the Government seems intent on tabling both the progressive and regressive amendments together.

The Malaysian Mothers’ Network is heartbroken that their hard work and efforts to ensure their children are able to obtain citizenship are being used as an opportunity to deprive other vulnerable groups of children from their right to citizenship. This was not what was promised by the government — be it Pakatan Harapan or Barisan Nasional — when they committed to advocate for Malaysian mothers in their GE15 election manifestos.

We remain firm in our demand that the government must decouple the amendments: proceed with the amendment to grant Malaysian mothers the equal right to confer citizenship to their children; drop the five regressive amendments that will remove existing citizenship rights to vulnerable groups of children.

We are thankful that the Home Affairs Minister has been efficient in approving the citizenship applications of some of the mothers and their children under Article 15(2). This is a clear signal that the government is committed to addressing the backlog of citizenship applications. These approvals have brought tremendous relief to these families; some of whom are in precarious situations due to challenges brought on by lack of citizenship for their children. Nevertheless, many more mothers continue to await results on their pending applications.

It’s been a year since the Malaysian government made a commitment to enable Malaysian women to confer citizenship to their children born overseas by operation by law, on an equal basis with men. But how much has this issue progressed in the last twelve months?— Picture By Farhan Najib
It’s been a year since the Malaysian government made a commitment to enable Malaysian women to confer citizenship to their children born overseas by operation by law, on an equal basis with men. But how much has this issue progressed in the last twelve months?— Picture By Farhan Najib

Challenges in legislative reform towards equal citizenship.

In addition, several challenges continue to plague the legislative reform process:

Delayed timeline: The timeline for tabling of the amendment has been moved several times in the past year, from June 2023 to November 2023 to the present. Expediency is crucial to ensure that Malaysian mothers and their children do not suffer prolonged injustices — justice delayed is justice denied.

Transparency: Additionally, the government has not been transparent in presenting a draft of the proposed amendment bill to Family Frontiers and other CSOs. The lack of transparency has led Family Frontiers to rely on various announcements made by the Home Minister to infer what the amendment contains. For example, on the issue of retroactive application. The government must provide clarity on whether the amendment will retroactively apply to children born prior to the amendments passage. The amendment must retroactive, to include overseas born children of Malaysian mothers who remain affected by their inability to obtain Malaysian citizenship. Moreover, how will the amendment affect adult children who themselves have children?

The amendment must address the rights of Malaysian women with regard to their overseas-born adult children comprehensively. It is crucial to rectify any gender disparities and ensure that Malaysian women enjoy the same rights and privileges as Malaysian men, particularly given the historical context of this issue spanning over 60 years.

This International Women’s Day, we strongly urge the government to table the citizenship amendments without further delay and decouple the amendment guaranteeing Malaysian mothers equal citizenship rights from the five regressive amendments that have met strong opposition from stakeholders. It is crucial that the government does so to achieve meaningful progress, in line with the promise of Malaysia Madani.

* Submitted by the Association of Family Support & Welfare Selangor & KL (Family Frontiers)

** This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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Fri, 08 Mar 2024 08:10:42 +0800 Malaysian citizenship
<![CDATA[Prioritise care and decent work agenda to accelerate 60pc women workforce participation — Hawati Abdul Hamid and Puteri Marjan Megat Muzafar]]> https://www.malaymail.com/news/what-you-think/2024/03/07/prioritise-care-and-decent-work-agenda-to-accelerate-60pc-women-workforce-participation-hawati-abdul-hamid-and-puteri-marjan-megat-muzafar/121949 https://www.malaymail.com/news/what-you-think/2024/03/07/prioritise-care-and-decent-work-agenda-to-accelerate-60pc-women-workforce-participation-hawati-abdul-hamid-and-puteri-marjan-megat-muzafar/121949 Malay Mail

MARCH 7 — The world once again celebrates International Women’s Day on March 8 and rallies behind the call to “Invest in Women: Accelerate Progress” — the theme for this year.

Achieving gender equality in the workplace remains a focal area that demands accelerated progress in the women’s empowerment agenda. Investing in women is an attractive incentive for governments as women constitute a significant human resource base in many countries.

Women’s participation in the productive economy not only expands the workforce and contributes to economic growth but, more importantly, is essential to women’s own economic security, enabling them to shape their future and family without being solely dependent on men.

Reaching 60pc — an achievable target?

With Malaysia’s women labour force participation rate (LFPR) in 2022 still low at 55.8 per cent, compared to 81.9 per cent for males, narrowing this gap has been identified as one of the targets under the Madani Economy Framework announced last year. The government aims to increase the women’s LFPR to 60 per cent within the next ten years to further unlock women’s potential in productive economic activities.

Addressing care challenges that have been keeping women at home and creating conducive working arrangements have been identified as key to achieving the target. Accordingly, several gender-responsive initiatives have been introduced, including incentives to encourage women to return to work and childcare-related subsidies and tax reliefs.

Despite the various initiatives, progress has been slow. Between 2018 and 2022, women’s LFPR continued to hover around 55 per cent, while men recorded a 1.5 percentage point increase in the same period. This disparity should be viewed seriously considering women generally attain higher levels of education than men, yet underperform in the labour market. A total of 44.1 per cent of the women in the labour force obtained an STPM certificate and above, surpassing men with only 35.8 per cent.

In absolute terms, the number of women outside the labour force exceeds that of men by 2.3 times, at 4.95 million and 2.16 million respectively in 2022. Undeniably, a significant improvement occurred between 2011 and 2018, with an additional 1.38 million women joining the workforce. However, the rise was partly explained by the increase in own-account workers — more precarious in nature — which grew from 11.2 per cent of employed women in 2011 to 19.5 per cent in 2018, translating to an additional 627,500 women workforce.

Dissecting women’s LFPR further across different age groups reveals that it peaks at ages 25-29 at 77.5 per cent. Considering Malaysian women’s first marriage age is at 27, women’s presence in the workforce gradually declines for all subsequent age groups as it later coincides with childbearing and parenting years. The above situations highlight Malaysia’s persistent challenge in fully harnessing the nation’s human capital potential.

Paid and care work trade-offs

The primary reason why women opted to stay outside the labour force is due to caregiving and housework responsibilities. Data shows that 3.1 million or 62.9 per cent of women outside the labour force cite family responsibilities as their reason for not seeking work, in stark contrast to a smaller share of men, only 2.3 per cent or 50,500, who cite similar reasons.

Women generally shoulder more caregiving and domestic work than men. Globally, women perform an overwhelming 76.4 per cent of unpaid care work, spending an average of 4.5 hours per day, compared to men with 1.4 hours. In Malaysia, Khazanah Research Institute’s (KRI) pilot Time Use Study conducted in 2018 found that women spent 63.6 per cent more time on unpaid care work compared to men, despite both dedicating comparable time on paid work. This underscores the “double burden” or the “second shift” that woman undertake, managing caregiving and housework after completing their first shift in the workplace.

Globally, women perform an overwhelming 76.4 per cent of unpaid care work, spending an average of 4.5 hours per day, compared to men with 1.4 hours. — Picture by Choo Choy May
Globally, women perform an overwhelming 76.4 per cent of unpaid care work, spending an average of 4.5 hours per day, compared to men with 1.4 hours. — Picture by Choo Choy May

Redistribute care work

Malaysia must take further measures to accelerate women’s workforce participation if it is to achieve the 60 per cent target. The marginal progress in the last few years could also extend beyond trade-offs between paid work and caregiving responsibilities. Other factors, such as sociocultural norms, may also play a role, necessitating countermeasures if they are hindering progress. Nevertheless, it is important to ensure that the advancement of women in the workforce does not come at the expense of their well-being and security. Pushing women to work without the appropriate balancing act may adversely affect them, especially when they undertake work more precarious in nature, simultaneously worsening the “double burden” they have been shouldering.

Hence, it is equally important to ensure decent work for women and reconfigure the distribution of caregiving responsibilities, both within and outside the home. Within homes, there needs to be a redistribution between men and women involving greater participation of men in caregiving roles. Redistribution outside the home entails expanding care service provisions by entities beyond the family unit such as the market, the not-for-profit organisation and the state. This requires a holistic assessment of the prevailing care arrangements to accommodate the needs of the women workforce, including expanding affordable and quality formal care services and professionalising care work that aligns with the decent work agenda.

* Hawati Abdul Hamid and Puteri Marjan Megat Muzafar are researchers at the Khazanah Research Institute (KRI). The views are those of the writers and do not necessarily reflect the official position of KRI.

** This is the personal opinion of the writers or publication and does not necessarily represent the views of Malay Mail.

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Thu, 07 Mar 2024 10:55:40 +0800 International Womens Day,March 8,women in the workforce
<![CDATA[Exploring the ramifications of a declining ringgit — Paul Anthony Mariadas and Uma Murthy]]> https://www.malaymail.com/news/what-you-think/2024/03/07/exploring-the-ramifications-of-a-declining-ringgit-paul-anthony-mariadas-and-uma-murthy/121927 https://www.malaymail.com/news/what-you-think/2024/03/07/exploring-the-ramifications-of-a-declining-ringgit-paul-anthony-mariadas-and-uma-murthy/121927 Malay Mail

MARCH 7 — The persistent decline of the ringgit brings it perilously close to reaching a historic low, with the combined factors of Malaysia’s weakening exports and the strength of the US dollar potentially propelling the currency beyond that threshold. The Malaysian ringgit has depreciated by almost 4 per cent since the beginning of the year. There exists a looming possibility that the ringgit could plummet to a new record low of US$5, fuelled by the sluggish recovery of exports compared to other Asian economies and the likelihood of lacklustre economic growth.

The local currency briefly slipped past 4.8 against the dollar recently, the weakest level since January 1998, the height of the crisis that roiled Asian financial markets. Sputtering growth in China, Malaysia’s biggest trading partner, has weighed on the export-reliant economy. Economists have lowered their forecasts for 2024 gross domestic product growth to 4.3 per cent from 4.5 per cent, after last year’s expansion missed estimates.

Malaysia’s wide interest rate gap with the US also dimmed the allure of its assets, while there are lingering concerns over political stability. The ringgit that is emerging as Asia’s worst performer last year has slid almost 4 per cent in 2024.

Despite the 8.7 per cent year-on-year growth in January, Malaysia’s export sector has experienced a prolonged period of contraction, lasting for ten consecutive months prior to this uptick. While this recent expansion is a positive sign, the sustained weakness in exports underscores the challenges faced by the Malaysian economy and the need for sustained efforts to diversify and strengthen its export base.

While a depreciating currency can benefit a nation’s exports and tourism industry by making their goods and services more competitively priced on the global market and entice more foreign visitors and investors due to favourable exchange rates, it presents challenges for local businesses that rely on imported materials for their operations. As the value of the ringgit decreases, the cost of importing these materials rises, thus squeezing profit margins for these businesses.

Companies that have taken on debt denominated in US dollars may face increased repayment burdens as the ringgit weakens against the dollar. This could potentially strain their financial health and hinder their ability to invest in growth or meet other financial obligations.

A weaker ringgit often translates to higher import costs, particularly for essential commodities like oil, machinery, and electronics. This could stoke inflationary pressures, impacting consumers’ purchasing power and necessitating prudent monetary policies to maintain price stability.

Further to this, Malaysia’s external debt, denominated in foreign currencies, could become more burdensome to repay if the Ringgit weakens further against major currencies like the US dollar. This could strain the country’s finances and lead to increased borrowing costs.

In response to currency fluctuations, the Malaysian government and central bank would likely deploy a mix of fiscal and monetary measures to stabilise the ringgit and mitigate economic imbalances. These could include interest rate adjustments such as the overnight policy rate (OPR), foreign exchange market interventions, and targeted fiscal stimulus to support key sectors.

As inflationary pressures mount, the burden could disproportionately fall on lower-income households, exacerbating income inequality and widening the socio-economic divide. Policymakers would need to ensure that social safety nets are robust enough to cushion the impact on vulnerable segments of society.

The perception of economic stability and government competence plays a crucial role in shaping public confidence. A sharp depreciation of the ringgit could erode trust in the government’s ability to manage the economy effectively, potentially leading to social unrest or political discontent.

A sharp depreciation of the ringgit could erode trust in the government’s ability to manage the economy effectively, potentially leading to social unrest or political discontent. ― Bernama pic
A sharp depreciation of the ringgit could erode trust in the government’s ability to manage the economy effectively, potentially leading to social unrest or political discontent. ― Bernama pic

Long-term resilience against currency volatility necessitates structural reforms aimed at diversifying the economy, enhancing productivity, and reducing reliance on exports. Investments in education, technology, and innovation could lay the groundwork for sustainable economic growth and resilience in the face of external shocks.

While a temporary weakening of the ringgit may offer short-term advantages such as export competitiveness and increased tourism revenue, sustained depreciation could pose challenges to Malaysia’s economic stability and long-term prosperity. Structural imbalances, such as over-reliance on exports or excessive foreign currency debt, could undermine resilience and hamper sustainable growth.

The hypothetical scenario of Malaysia reaching RM5 to US$1 underscores the intricate interplay between currency dynamics, economic fundamentals, and socio-political considerations. As Malaysia navigates these economic waters, policymakers must strike a delicate balance between short-term imperatives and long-term sustainability. By implementing prudent policies, fostering inclusive growth, and embracing structural reforms, Malaysia can chart a course towards economic resilience and prosperity in an ever-changing global landscape.

* Dr Paul Anthony Mariadas and Dr Uma Murthy are Lecturers for the School of Accounting and Finance at Taylor’s Business School, Faculty of Business and Law, Taylor’s University.

** This is the personal opinion of the writers or publication and does not necessarily represent the views of Malay Mail.

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Thu, 07 Mar 2024 09:28:46 +0800 ringgit,ringgit vs usd,weak ringgit
<![CDATA[Fluctuations in currency exchange: When should we worry? ― Azian Madun]]> https://www.malaymail.com/news/what-you-think/2024/03/06/fluctuations-in-currency-exchange-when-should-we-worry-azian-madun/121696 https://www.malaymail.com/news/what-you-think/2024/03/06/fluctuations-in-currency-exchange-when-should-we-worry-azian-madun/121696 Malay Mail

MARCH 6 ― Currency, like other financial assets, is traded like a commodity, with the exchange rate varying as demand and supply meet at the equilibrium price. The theory of Efficient Market Hypothesis (EMH) can explain a variety of variables that influence exchange rates. Eugene Fama popularised the EMH, a century-old financial economics theory, earning him the Nobel Prize in 2013.

The EMH argues that a market is efficient when all information is reflected in price. The major assumptions required for this theory to work effectively are as follows: a) All market participants have easy and rapid access to information; and b) all market participants are rational. It suggests that any relevant information, including social and political factors, might influence price.

Currency exchange may have an influence on exports and imports, as well as prices of product and service. When the exchange rate rises, say from US$1=RM3 to US$1=RM4, the cost of imports increases, increasing the price of imported goods. However, as the rate rises, so will the amount of money gained from exports, even if the quantity remains unchanged. When the rate lowers, the cost of importing decreases, lowering the price of imported goods, while the earnings from exports would be reduced.

Essentially, the effect of an increase or decrease in exchange rate is a combination of positive and negative effects, which is not a serious concern when rates are predictable, or its volatility is under control. Excessive volatility will make it difficult for businesses to manage prices, resulting in major economic consequences. Likewise, businesses could face difficulties in the event of a lengthy devaluation or appreciation of the currency.

Unfortunately, this is what is happening with ringgit Malaysia, as the currency exchange rate between ringgit Malaysia and the US dollar has been increasing over the last decade, which is bad for the economy. The exchange rate has consistently increased from 2014 to the present, with a 55 per cent variation in high and low. Among the members of Asean, rupiah Indonesia has similar volatility, with a fluctuation range of about 45 per cent. Although Baht Thailand is experiencing similar trend, it is less severe than ringgit Malaysia and rupiah Indonesia, where the fluctuation has been confined to 30 per cent over the previous decade. Dollar Singapore is an example of a healthy and dynamic currency exchange, with the rate ranging around US$S1.30 for one US dollar and a volatility rate of 20 per cent.

Currency fluctuations are normal, but the continuous depreciation of the ringgit demands attention. ― Unsplash pic
Currency fluctuations are normal, but the continuous depreciation of the ringgit demands attention. ― Unsplash pic

GDP is a major economic information that calculates the total worth of all products and services produced within a country over a certain time, that provides a comprehensive assessment of a country’s economic activity. Malaysia’s GDP growth between 2015 and 2022 is equivalent to Singapore’s, but Indonesia’s growth outpaces the other three Asean countries. Although the GDP of all four countries has expanded year after year since 2015, the EMH suggests that this is not the only factor impacting the exchange rate.

Singapore has the highest government debt to GDP ratio (167 per cent), followed by Malaysia and Thailand (60 per cent each) and Indonesia (40 per cent). Technically, a higher proportion means that the country is at risk of facing economic difficulties; nevertheless, Singapore is rated AAA by both Standard & Poor’s and DBRS, compared to A- for Malaysia, BBB+ for Thailand, and BBB for Indonesia. This is not at all surprising given that Singapore is ranked fifth as the least corrupt country, with Malaysia at 57th, Thailand at 108th, and Thailand at 115th, as reported by Transparency International.

It is evident that currency exchange is determined by more than just economic factors. While the Central Bank can intervene in the market by buying or selling its own currency to reduce or increase exchange rates, this is a temporary solution that cannot be sustained in the long run. If intervention is not supported by strong fundamentals in economics, politics, and ethics, its impact will gradually diminish.

So, the EMH underscores the need of having productive and sustainable businesses, as well as strong corporate and political governance, which will eventually increase trust in the government’s ability to sustain economic growth while also maintaining order and justice. When corruption is widespread, the cost of doing business increases because more funds are required for lobbying. When politics is chaotic, the cost of doing business increases because additional funds are required for contingencies.

In short, any information that indicate a decreased in productivity, or an increase in corruption and injustice, would be reflected in the exchange rate, which would be bad news for the currency’s purchasing power. News circulates faster as the world grows more connected, so any unfavourable news in terms of economics and governance will have a stronger influence on the value of money than in the past. It suggests that politics and economics are intricately intertwined, highlighting the need of competent governance.

To summarise, currency appreciation or depreciation is the driving force behind market dynamics. While the fluctuation of exchange rates is normal, the ringgit’s continuous decline is a major issue that must be addressed. The market will continue to evaluate the ringgit favourably as long as the economy and business are strong and functioning and governed by strong moral principles.

The depreciating currency is a problem for the economy; thus, policymakers and the business sector in this country must act in accordance with the spirit of accomplishing sustainable development goals.

* The author is a Senior Lecturer at the Department of Syariah and Management, Academy of Islamic Studies, Universiti Malaya, and may be reached at azianm@um.edu.my

** This is the personal opinion of the writers or publication and does not necessarily represent the views of Malay Mail.

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Wed, 06 Mar 2024 10:29:09 +0800 currency fluctuation,currency exchange
<![CDATA[Added safeguard for Isham Jalil but now he faces committal proceedings ― Hafiz Hassan]]> https://www.malaymail.com/news/what-you-think/2024/03/06/added-safeguard-for-isham-jalil-but-now-he-faces-committal-proceedings-hafiz-hassan/121669 https://www.malaymail.com/news/what-you-think/2024/03/06/added-safeguard-for-isham-jalil-but-now-he-faces-committal-proceedings-hafiz-hassan/121669 Malay Mail

MARCH 6 ― The High Court has reportedly allowed the attorney general (AG) to initiate committal proceedings against former Umno Supreme Council member Isham Jalil for contempt of court over remarks made regarding former prime minister Datuk Seri Najib Razak’s 1Malaysia Development Berhad and SRC International Sdn Bhd's cases.

Committal proceeding for contempt of court is quasi-criminal in nature since it involves the liberty of the alleged contemnor. Accordingly, there are procedural safeguards before a party is labelled as an alleged contemnor and committal proceedings allowed to be begun against him.

The first of the safeguards is leave of the court is required to commence committal proceedings. Order 52 rule 3(1) Rules of Court 2012 makes it clear that no application to a court for an order of committal against any person may be made unless leave to make such an application has been granted.

Former Umno Supreme Council (MT) member Isham Jalil (right) pictured at the Kuala Lumpur High Court, March 4, 2024. — Bernama pic
Former Umno Supreme Council (MT) member Isham Jalil (right) pictured at the Kuala Lumpur High Court, March 4, 2024. — Bernama pic

Application for such leave is made to the court ex parte by reason of Order 52 rule 3(2) which states in no uncertain terms that the application must be made ex parte to the court. Even so, there are safeguards.

The application must be supported by a statement setting out the name and description of the applicant; the name, description and address of the person sought to be committed; and the grounds on which the committal is sought.

The facts relied on must also be supported and verified by an affidavit, which must be filed before the application is made. The provisions of the rules are mandatory and non-compliance nullifies the proceeding.

All the relevant facts must be before the court to enable the court to make a fair and just decision. The applicant must set out the facts fairly, including the facts that are likely to be raised by the proposed alleged contemnor in objecting to the application if it were an inter parte application.

If any fact is likely disputed by the other party, the applicant must say so and give his reasons why such dispute is not sustainable, or is irrelevant or immaterial. The applicant is not to merely state the facts favouring his application and the court must not rely on that alone. Otherwise, the leave procedure would cease to be a safeguard and instead easily becomes a tool exploited for oppression.

In the case of Tan Sri G Darshan Singh v Tetuan Azam Lim & Pang [2013] 5 MLJ 541, the Court of Appeal found on the facts the application for leave had neglected to mention relevant and material facts. The grounds must be set out with sufficient particularity to enable the person alleged to be in contempt to meet the charge later.

In an earlier case of Folin & Brothers Sdn Bhd (in liquidation) v Wong Boon Sun [2009] 5 MLJ 362, the Court of Appeal held that the word “must” in the rules that it is mandatory, and has to be strictly complied with.

The details on which the applicant intends to rely must be set out in the supporting statement itself and not to be explained separately by way of submission by counsel, be it orally or in writing. (See The New Straits Times Press (M) Bhd v Ahirudin bin Attan [2008] 1 MLJ 814)

It was commendable of the High Court judge Justice Datuk Noorin Badaruddin to grant Isham the right to be heard during the leave application despite it being ex parte in nature.

It is an added safeguard before he is labelled as an alleged contemnor and committal proceedings allowed to be begun against him.

He is now an alleged contemnor and faces committal proceedings.

* This is the personal opinion of the writers or publication and does not necessarily represent the views of Malay Mail.

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Wed, 06 Mar 2024 08:10:06 +0800 Isham Jalil
<![CDATA[Creating a high quality aged care industry — Syerleena Abdul Rashid]]> https://www.malaymail.com/news/what-you-think/2024/03/05/creating-a-high-quality-aged-care-industry-syerleena-abdul-rashid/121581 https://www.malaymail.com/news/what-you-think/2024/03/05/creating-a-high-quality-aged-care-industry-syerleena-abdul-rashid/121581 Malay Mail

MARCH 5 — Malaysia is in the midst of a profound demographic shift, with a population that is rapidly aging, it is important for Malaysia to adapt its policies and infrastructure to meet the needs of an aging population and ensure that seniors can lead healthy, active, and fulfilling lives.

Malaysia’s demographic trend shows a gradual increase in the proportion of elderly individuals, largely due to factors such as increased life expectancy and declining birth rates.

This shift presents both challenges and opportunities for the government to rethink approaches to assisted living care facilities as well to offer better options that involves

enhancing infrastructure, improving medical and caregiving services, and promoting social and recreational activities to enrich their lives.

To further enhance the care of the elderly, Malaysia should consider creating an industry out of senior care wellness. The study of gerontology, the science of aging and elderly care, plays a crucial role in the realm of medical tourism and the flourishing health and wellness industry. Malaysia stands out as a top destination, particularly in Penang, known for its advanced medical facilities and expertise in geriatric care. Capitalizing on this reputation and diversifying the sector could yield substantial benefits for our nation. By further developing gerontology as part of its medical tourism offerings, Malaysia can attract more international visitors seeking specialized care for elderly relatives or exploring options for their own future needs.

This move would not only boost Malaysia’s economy through increased medical tourism revenue but also enhance its reputation as a hub for high-quality healthcare services. Diversifying the health and wellness sector to include gerontology can stimulate job growth, particularly in specialized healthcare fields, creating new opportunities for professionals and contributing to the overall economic development of the country.

As a way to spur the growth of this sector, government incentives play a crucial role in promoting gerontology as an industry. This involves offering grants and funding for research projects related to aging, as well as providing tax incentives for businesses that focus on senior care. Additionally, the government could create educational programs and training opportunities for professionals in the field of gerontology, ensuring that there is a skilled workforce to meet the needs of the aging population.

Additionally, by investing in research and innovation in gerontology, Malaysia can position itself as a leader in elderly care, attracting experts and further bolstering its reputation in the global healthcare community.

Building a robust economy centered on high-quality assisted living senior care in Malaysia is not just about numbers; it’s about creating a compassionate cycle of care that enriches lives. To achieve this, we must empower our young workforce with the skills and passion needed to provide exceptional care for our elderly population. Imagine a future where our youth are trained in gerontology, nursing, and caregiving, ready to make a meaningful difference in the lives of seniors.

We can make this vision a reality by offering incentives such as scholarships, grants, and tax breaks to inspire our young people to choose careers in senior care. By doing so, we not only address potential labour shortages but also attract talented individuals who are dedicated to improving the lives of others. These incentives must be complemented by clear career pathways that offer opportunities for career advancement, ensuring that those who enter the field have a bright future ahead of them.

Competitive salaries, benefits, and ongoing professional development opportunities are also essential to retain skilled professionals in the senior care sector. Additionally, we can raise awareness about the importance of senior care as a profession through engaging campaigns and partnerships with educational institutions.

By fostering partnerships between the government, private sector, and non-profit organizations, we can further support the development of the senior care sector and create a future where high-quality assisted living senior care is not just a career but a calling—a calling that enriches the lives of our elderly population and brings joy and fulfilment to those who provide care.

* This is the personal opinion of the writers or publication and does not necessarily represent the views of Malay Mail.

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Tue, 05 Mar 2024 18:25:32 +0800 Creating,a,high,quality,aged,care,industry,—,Syerleena,Abdul,Rashid
<![CDATA[Invest in women: Ending the patriarchy requires money on the table ― Antonio Guterres]]> https://www.malaymail.com/news/what-you-think/2024/03/05/invest-in-women-ending-the-patriarchy-requires-money-on-the-table-antonio-guterres/121498 https://www.malaymail.com/news/what-you-think/2024/03/05/invest-in-women-ending-the-patriarchy-requires-money-on-the-table-antonio-guterres/121498 Malay Mail

MARCH 5 ― The fight for women’s rights over the past fifty years is a story of progress.

Women and girls have demolished barriers, dismantled stereotypes and driven progress towards a more just and equal world. Women’s rights were finally recognised as fundamental and universal human rights. Hundreds of millions more girls are in classrooms around the world. And pioneering leaders have smashed glass ceilings across the globe.

But progress is under threat. And full equality remains light years away.

Billions of women and girls face marginalisation, injustice and discrimination, as millennia of male domination continue to shape societies. The persistent epidemic of gender-based violence disgraces humanity. Over four million girls are estimated to be at risk of female genital mutilation each year. Discrimination against women and girls remains perfectly legal in much of the world. In some places, that makes it difficult for women to own property, in others, it allows men to rape their wives with impunity.

Women and girls have demolished barriers, dismantled stereotypes and driven progress towards a more just and equal world. ― AFP pic
Women and girls have demolished barriers, dismantled stereotypes and driven progress towards a more just and equal world. ― AFP pic

Meanwhile, global crises are hitting women and girls hardest. Wherever there’s conflict, climate disaster, poverty or hunger, women and girls suffer most. In every region of the world, more women than men go hungry. In both developed and developing countries, a backlash against women’s rights, including their sexual and reproductive rights, is stalling and even reversing progress.

New technologies ― which have such potential to dismantle inequalities ― too often make matters worse. That can be because of unequal access, algorithms with baked-in bias, or misogynistic violence ― from deep fakes to targeted harassment of specific women.

At our current speed, full legal equality for women is some 300 years away; so is the end of child marriage. This rate of change is frankly insulting. Half of humanity can’t wait centuries for their rights. We need equality now. That means accelerating the pace of progress. And that relies on political ambition, and on investment ― the theme of this year’s International Women’s Day.

We need public and private investment in programmes to end violence against women, ensure decent work, and drive women’s inclusion and leadership in digital technologies, peacebuilding, climate action, and across all sectors of the economy. We must also urgently support women’s rights organisations fighting against stereotypes, battling to make women’s and girls’ voices heard, and challenging traditions and cultural norms. Currently they receive a paltry 0.1 per cent of international development spending. That must change.

Investment may sound far removed from women’s everyday lives. But it takes investment to give schoolgirls the same opportunities as schoolboys. It takes investment to provide digital education and develop skills. It takes investment to provide the childcare that enables caregivers, who are mainly mothers, to do paid work outside the home. And it takes investment to build inclusive communities and societies with the full participation of women and girls of all backgrounds.

Putting money behind equality is the right thing to do, but it also makes financial sense. Supporting women to enter formal labour markets grows economies, boosts tax revenues and expands opportunities for all.

Securing the investment we need in women and girls requires three things. First, increasing the availability of affordable, long-term finance for sustainable development, and tackling the debt crisis strangling many developing economies. Otherwise, countries simply won’t have the funds to invest in women and girls. We need immediate action to provide breathing space for countries with unbearable debt repayments looming, and to encourage multilateral development banks to leverage far more private finance at affordable costs. Over the long term, we must reform the international financial architecture and make it far more responsive to the needs of developing countries.

Second, countries must prioritise equality for women and girls ― recognising that equality is not only a matter of rights but the bedrock of peaceful, prosperous societies. That means governments actively addressing discrimination, spending on programmes to support women and girls, and ensuring policies, budgets and investments respond to their needs.

Third, we need to increase the number of women in leadership positions. Having women in positions of power can help to drive investment in policies and programmes that respond to women and girls’ realities. I am particularly proud that since early in my tenure ― and for the first time in history ― we have equal numbers of women and men in senior management across the entire United Nations system.

Equality is overdue. Ending the patriarchy requires money on the table ― it’s time to cough up.

* António Guterres is the Secretary-General of the United Nations.

** This is the personal opinion of the writers or publication and does not necessarily represent the views of Malay Mail.

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Tue, 05 Mar 2024 10:51:14 +0800 International Women’s Day
<![CDATA[Investing in women: Accelerating progress ― Malaysia Women and Girls Forum Secretariat]]> https://www.malaymail.com/news/what-you-think/2024/03/05/investing-in-women-accelerating-progress-malaysia-women-and-girls-forum-secretariat/121482 https://www.malaymail.com/news/what-you-think/2024/03/05/investing-in-women-accelerating-progress-malaysia-women-and-girls-forum-secretariat/121482 Malay Mail

MARCH 5 ― We will soon be celebrating International Women’s Day (IWD) on March 8, 2024.

This year’s official theme is “Investing in Women: Accelerating Progress”, calling on governments, corporations and ordinary citizens everywhere to invest in the economic empowerment of women.

We are at a critical juncture in history, and investing in our women is more urgent than ever.

Female economic agency is central to achieving Gender Equality and promoting the wellbeing and prosperity of our families, societies and economies. Without female economic empowerment, we risk half our population being left behind and as vulnerable as ever in the face of a world that is rapidly changing.

Within just the last few years, new AI technology has revolutionised the digital world, climate change has been making its presence keenly felt ― Malaysia being no exception, with flooding becoming more unpredictable each year ― and a global pandemic has come, and stayed, leaving thousands on our own shores and millions around the globe still reeling from its effects.

Unfortunately, with limited economic power, it is often women who are most vulnerable to disasters and change. We witnessed this firsthand when the pandemic led to increasing cases of physical and economic violence against women, rampant poverty ― especially in female headed households ― and the increase in female Unpaid Care Work burdens.

We must learn from the lessons of our recent past. As economic agency is the cornerstone of resilience, it is crucial to dismantle the structural, social and cultural barriers that prevent women from participating fully in the economy and in public life.

Women make up 50 per cent of Malaysia’s population, yet we have one of the lowest Female Labour Force Participation Rates (FLFPR) amongst Upper Middle Income Countries. ― AFP pic
Women make up 50 per cent of Malaysia’s population, yet we have one of the lowest Female Labour Force Participation Rates (FLFPR) amongst Upper Middle Income Countries. ― AFP pic

What Malaysia stands to gain

Women make up 50 per cent of Malaysia’s population, yet we have one of the lowest Female Labour Force Participation Rates (FLFPR) amongst Upper Middle Income Countries.

Only 55.8 per cent of Malaysian women participate in the labour force, compared to 81.9 per cent of men. With only a little over half the female population engaged in the labour force, we are losing out on so much untapped potential.

Research has shown that Malaysia stands to grow its income per capita by 26.2 per cent if all economic barriers are removed for women. This translates into an average income gain of about RM9400 (US$2,250) ― a considerable amount.

The simple truth is that when women work, economies grow. Investing in our women means investing in us all.

Furthermore, when women have equal access to economic resources and opportunity, there are not only positive economic effects, there are also positive multiplier impacts on the wellbeing of society as a whole.

When women have financial agency, they are able to engage meaningfully in public life, for example by entering policymaking roles (because at the end of the day, women need money to run for elections). Research has shown that when more women are empowered as economic and political actors, our policies are more reflective of the diverse needs on the ground.

Ways forward

There are several ways Malaysia can economically empower women, and they involve addressing the structural, social and cultural barriers that restrict women’s economic opportunities.

Ensuring full access to Sexual and Reproductive Health and Rights (SRHR) is essential to economic empowerment. When both men and women have access to Comprehensive Sexuality Education (CSE) and reproductive health services, including contraceptives for family planning, women will have better control over the timing and spacing of their own births. They will be able to plan their careers better and reduce career gaps, which is one of the main factors driving the persistent Gender Pay Gap.

According to the Department of Statistics Malaysia (DoSM) latest figures, women currently make 33 per cent less than men a year, a staggering jump from the 3.5 per cent difference recorded for the year before.

Ensuring SRHR and expanding education is also key to addressing unintended adolescent pregnancy in Malaysia, which is a significant disruptor to female educational attainment and economic opportunity.

A joint report by the United Nations Population Fund (UNFPA) and Unicef on adolescent pregnancy in Malaysia highlights the need for CSE so girls are able to make better informed decisions about their reproductive health, alongside introducing educational programmes for both boys and girls that cover issues of consent, harmful gender norms and violence.

Instating equal Parental Leave for both men and women also keeps more women in the workforce by reducing career gaps and fostering healthier, more equal gender dynamics for Unpaid Care Work at home.

Currently, men in Malaysia only have 7 days of paternity leave as compared to 98 days for women around the country, which places the burden of caregiving post-birth on women. This mismatch in maternity and paternity leaves also leaves women vulnerable to discrimination in job seeking, which once again limits their economic opportunities and agency.

With that said, it is important that reforms in parental leave apply to all states in Malaysia so no one group is left behind ― currently Sabah and Sarawak have still not mandated the minimum 7 days of paternity leave. Sabah and Sarawak have FLFPRS of 49 per cent and 51.2 per cent respectively, both significantly below the national average of 55.8 per cent.

Furthermore, establishing The Care Economy in Malaysia also has the potential to further the economic might of women. We applaud the Ministry of Women, Family and Community Development for committing to investing in The Care Economy, recognising its potential to contribute between 10-39 per cent of our national GDP, and look forward to supporting continued progress in formalising our national care economy framework.

In fact, latest research by the World Bank titled “Filling the Gaps: Childcare Laws for Women’s Economic Empowerment” (based on data from 80 countries spanning a 20-year period ― 2000-2020) showed that the enactment of childcare laws increases women’s labour force participation with 2-4 per cent increases within the first 5 years of its enactment.

However, for all the above to come to fruition ― it is vital for the Ministry of Economy to have a bigger and more proactive stakeholdership. For without an economic roadmap and in-depth understanding of the socio-economic barriers withholding women’s potential ― the resources and investments needed to build the necessary inclusive infrastructures will never tangibly materialise and in tandem withholding Malaysia from achieving the 2030 SDGs.

Real change, not buzzwords

Gender Equality and women’s empowerment are not just catchphrases ― they are words with real weight, about goals critical for our collective wellbeing. There are real lives and real futures at stake.

There should be nothing performative about economic inclusivity. True inclusivity involves making meaningful and sometimes difficult change, having uncomfortable conversations and challenging long-entrenched social and cultural norms that for too long have kept women from achieving their full potential, economic or otherwise.

With economic agency, women are free to make their own decisions, achieve their full potential, or safely leave abuse or situations that are harmful. Ultimately, all Malaysian citizens irrespective of gender should have the right to choose, and the full Bodily Autonomy to decide how they live their lives with access to adequate resources.

On this International Women’s Day and beyond, we call on every Malaysian ― from the government, to the private sector, to ordinary men and women on the street ― to accelerate investment into economically empowering our women. Our collective future depends on it.

MWGF is an annual event that brings together multiple stakeholders involved in the social and economic advancement of women and girls in Malaysia. The forum identifies, engages and tracks key social, economic and legislative changes that are needed to accelerate the rights and well-being of Malaysia’s women and girls.

For more information on Malaysia Women & Girls Forum logon to: www.mwgf.org

* This is the personal opinion of the writers or publication and does not necessarily represent the views of Malay Mail.

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Tue, 05 Mar 2024 09:47:42 +0800 International Women’s Day
<![CDATA[Report corruption to MACC, threat to police ― Hafiz Hassan]]> https://www.malaymail.com/news/what-you-think/2024/03/05/report-corruption-to-macc-threat-to-police-hafiz-hassan/121479 https://www.malaymail.com/news/what-you-think/2024/03/05/report-corruption-to-macc-threat-to-police-hafiz-hassan/121479 Malay Mail

MARCH 5 ― If you wonder why Datuk Wan Saiful Wan Jan, the Perikatan Nasional MP for Tasek Gelugor, didn't report alleged threats and offers of bribery, you are not alone.

It is mandatory to report corruption.

Section 25(1) of the Malaysian Anti-Corruption (MACC) Act 2009 makes it mandatory for any person to whom any gratification is given, promised, or offered.

In contravention of any provision of the Act to report such gift, promise or offer together with the name, if known, of the person who gave, promised or offered such gratification to him to the nearest officer of the commission or police officer.

According to Section 3, gratification includes “money, donation, gift, loan, fee, reward, valuable security, property or interest in property being property of any description being movable or immovable, financial benefit, or any other similar advantage.”

Section 25(2) makes it an offence not to comply with the above obligation. The penalty is a fine not exceeding RM100,00 or imprisonment for a term not exceeding 10 years or both.

Even if the obligation is not imposed by law, one's sense of justice, fairness and integrity should motivate oneself to report corruption.

If even that fails to resonate, then one should do it because ultimately it is in one's own best interests to do so.

According to Section 3, gratification includes 'money, donation, gift, loan, fee, reward, valuable security, property or interest in property being property of any description being movable or immovable, financial benefit, or any other similar advantage.' — Picture by Sayuti Zainudin
According to Section 3, gratification includes 'money, donation, gift, loan, fee, reward, valuable security, property or interest in property being property of any description being movable or immovable, financial benefit, or any other similar advantage.' — Picture by Sayuti Zainudin

Corruption in the public sector affects everyone. Corruption takes money out of the system that could otherwise be used for the good of everyone.

So, if Wan Saiful was promised or offered gratification, he should report it to the MACC. If he feared for his and his family's safety, he should report it to the police.

He is now given one week by the MACC to report the alleged gratification to the anti-graft body.

* This is the personal opinion of the writers or publication and does not necessarily represent the views of Malay Mail.

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Tue, 05 Mar 2024 09:05:33 +0800 corruption,MACC
<![CDATA[Notice to police can be sent by AR Registered, courier or by hand — Hafiz Hassan]]> https://www.malaymail.com/news/what-you-think/2024/03/04/notice-to-police-can-be-sent-by-ar-registered-courier-or-by-hand-hafiz-hassan/121398 https://www.malaymail.com/news/what-you-think/2024/03/04/notice-to-police-can-be-sent-by-ar-registered-courier-or-by-hand-hafiz-hassan/121398 Malay Mail

MARCH 4 — The police’s alleged refusal to accept a notice of assembly by the organisers of a rally for women in Kuala Lumpur has sparked a media furore.

On Sunday (March 3), the organising committee of the Women’s March Malaysia (WMMY) 2024 took the police to task for allegedly refusing to accept the notice sent for the event planned for this Saturday.

The committee said that it had tried four times, on March 2 and 3, to submit the notice to the police but failed.

It must be said that the police have no authority under the Peaceful Assembly Act 2012 (PAA) to refuse to accept notice under Section 9(1) of the PAA.

Deborah A. and Kaiser, representative for Women’s March 2024 (WMMY 2024) with their lawyers at the Dang Wangi police station, March 4, 2024. — Picture by Choo Choy May
Deborah A. and Kaiser, representative for Women’s March 2024 (WMMY 2024) with their lawyers at the Dang Wangi police station, March 4, 2024. — Picture by Choo Choy May

With respect, however, WMMY may have overlooked Section 9(4) of the PAA. It states that the notification under Section 9(1) must be given to the Officer in charge of police district (OCPD) by AR registered post or courier or by hand.

Any of the modes will do and suffice. WMMY, and any organiser of an assembly for that matter, need not give the notice by hand.

* This is the personal opinion of the writers or publication and does not necessarily represent the views of Malay Mail.

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Mon, 04 Mar 2024 18:39:34 +0800 notice of assembly,rally for women in Kuala Lumpur,police,Women’s March Malaysia (WMMY) 2024
<![CDATA[Parliamentarians should be required to attend training — Hafiz Hassan]]> https://www.malaymail.com/news/what-you-think/2024/03/02/parliamentarians-should-be-required-to-attend-training-hafiz-hassan/121092 https://www.malaymail.com/news/what-you-think/2024/03/02/parliamentarians-should-be-required-to-attend-training-hafiz-hassan/121092 Malay Mail

MARCH 2 — Imposing a 14-day ban on errant federal lawmakers and senators during parliamentary sessions can strengthen policy discussion, said several non-governmental organisations (NGOs).

However, they also said that the calibre of Members of Parliament (MPs) determines the quality of debates.

I couldn’t agree more with that.

But in order to have MPs of calibre, they need training.

In the UK, training courses are offered which are designed for elected Parliamentarians, parliamentary clerks and officials, as well as a wide range of public policy-makers and regulators.

Take the example of the Oxford Management Centre, which offers a training course on “Parliamentary Procedure”. The course covers the fundamentals of parliamentary practice and procedure, giving special attention to those features of the practice and procedure of Parliament which are fundamental to the rule of law and the separation of powers under any democratic constitution.

The course highlights, among others:

· the fundamentals of what Parliament does and how it works;

· the purposes of parliamentary procedure;

· rules and principles of parliamentary procedure and practice;

· Standing Orders for meetings of the House and its committees;

· Motions and amendments;

· Voting methods and parliamentary privilege;

· Codes of conduct and standards in public life.

At the end of the course, participants should be able to, among others:

understand the fundamentals of how a Parliament or other legislative assembly should work;

· articulate the core purposes of parliamentary procedure;

· understand parliamentary terms;

· navigate Standing Orders;

· handle parliamentary business including motions and amendments;

· understand the parameters of parliamentary privilege;

· understand and develop codes of conduct and standards in public life

Most professions – doctors, lawyers, engineers, accountants, architects – require formal training. Do we have the same for our elected MPs?

Parliamentarians should be required to attend training. What say you, Speaker?

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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Sat, 02 Mar 2024 23:57:40 +0800 parliamentary debates
<![CDATA[Acceptance and appreciation of grief — Azleen Ilias]]> https://www.malaymail.com/news/what-you-think/2024/03/02/acceptance-and-appreciation-of-grief-azleen-ilias/120953 https://www.malaymail.com/news/what-you-think/2024/03/02/acceptance-and-appreciation-of-grief-azleen-ilias/120953 Malay Mail

MARCH 2 — The experience of grief is shared by all people, regardless of their culture, religion, age, or circumstances. It is something that every single person goes through, either directly or indirectly.

A person experiences it when they lose something important in their lives, such as a loved one, a career, a relationship, or any other form of hardship. In our society, there is often pressure to “restart” from grief quickly and return to normality as soon as possible.

The stigma that is often presented is the issue of negative thoughts, mental illness, or depression. However, the journey of grief is not an easy route and acceptance is an important component of healing for an individual.

Grief is a complex and multifaceted experience, which includes various emotions such as sadness, anger, guilt, and even helplessness.

Individuals may experience grief in different ways and at different times. It is important to recognise that sadness is a natural response to an adverse event, and that there is no right or wrong way to grieve.

For example, when we see news of accidents, deaths, failures in work or life, we might feel sad for the people involved. Grief happens beyond the expectations of a person who may not be prepared for adversity that cannot be determined to occur. There are no guidelines on how to prepare for grief and the length of time needed to deal with it.

Although each stage of grief is important, acceptance is often seen as the culmination of a grief process. Accepting does not mean forgetting the person who has left.

Instead, it involves integrating the loss into one’s life story and finding ways to restore morale, even if it is painful and difficult. Acceptance allows individuals to respect the memory of their loved one while also embracing the possibilities of the future.

It takes a long time for an individual to accept an adversity. Acceptance may not happen overnight, in a year, or even three years.

It would probably involve many years. It is a gradual process that requires patience, self-compassion, and support. A practical strategy for building a level of acceptance is to allow yourself to feel and express emotions openly.

This process may involve writing a journal, talking to a trusted friend or therapist, engaging in creative media, or any way that suits you best.

Seeking support from a loved one, support group, or therapist can provide invaluable assistance to acceptance. Connecting with others who have experienced the same type of grief can offer a sense of empathy, and a practical strategy for acceptance.

Finding ways to honour the memory of the person who has left us can be an important part of the acceptance process. This process may involve the creation of rituals or traditions that honour their lives. It can also involve finding meaning in the loss and channelling it to a positive action or relationship with another person.

It is important to recognise that acceptance is not an easy process. It may take years, and failure is a natural part of the journey to overcoming grief.

The writer says it is important to recognise that sadness is a natural response to an adverse event, and that there is no right or wrong way to grieve.  — iStock pic
The writer says it is important to recognise that sadness is a natural response to an adverse event, and that there is no right or wrong way to grieve.  — iStock pic

There are moments when grief feels extreme or when an old wound is unexpectedly reopened. During this time, it is important to practice self-compassion and patience with oneself.

Seeking support from others and engaging in personal care activities can help navigate these challenging moments and progress towards acceptance.

Grief is a different journey for each individual, but acceptance is the same destination, i.e., the search for wisdom and self-strength. By appreciating the level of grief and finding acceptance in the midst of loss, individuals can respect the memory of their loved one while also building future possibilities. It is good to grieve, to feel pain, and to seek support from others.

In the end, acceptance allows us to find solace in the midst of pain and remember our loved one or any negative event on our journey through life and be better prepared for all future tests.

* Azleen Ilias is a senior lecturer at the Department of Accountancy and Finance, UNITEN Business School (UBS), Universiti Tenaga Nasional (UNITEN). She may be reached at azleens@uniten.edu.my

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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Sat, 02 Mar 2024 09:48:15 +0800 grief,loss
<![CDATA[Tyranny of the majority? — Hafiz Hassan]]> https://www.malaymail.com/news/what-you-think/2024/02/29/tyranny-of-the-majority-hafiz-hassan/120578 https://www.malaymail.com/news/what-you-think/2024/02/29/tyranny-of-the-majority-hafiz-hassan/120578 Malay Mail

FEBRUARY 29 — The Dewan Rakyat Standing Order (DRSO) 14(1) states as follows: Unless the House otherwise directs, the business of each sitting shall be transacted in the following order:

(a) Formal entry of Tuan Yang di-Pertua.

(b) Prayers as shall be approved by the House.

(c) Taking of Oath by any new member.

(d) Messages from the Seri Paduka Baginda Yang di-Pertuan Agong.

Items (e) – (q) follow, which include (i) Statements by Ministers, (j) Tributes, and (n) Motions relating to the Order of Business (to be moved by a Minister).

DRSO 14(2) allows the Dewan Rakyat, at any time, to decide to proceed to any particular business out of the regular order from (a) – (q) upon a motion, which is to be moved by a Minister. The motion is to be decided by the Dewan Rakyat without amendment or debate. The motion may be made without notice and must take precedence over all other business.

Clearly DRSO 14(2) allows a motion by a Minister — made without notice, to be decided without amendment or debate, that takes precedence over all other business — for the Dewan Rakyat to proceed to any particular out of the regular order.

So, why the commotion over Prime Minister Datuk Seri Anwar Ibrahim’s motion of thanks to both former and current Kings?

The motion of thanks followed a motion by the Minister in the Prime Minister Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said which read as follows:

Mengikut Peraturan Mesyuarat 14(2), saya mohon mencadangkan Penerangan Menteri di bawah Peraturan Mesyuarat 14(1)(i) dan Ucapan Pujian di bawah Peraturan Mesyuarat 14(1)(j) dibuat sekarang dan selepas itu disambung semula dengan urusan seperti dalam Aturan Urusan Mesyuarat hari ini.”

The Opposition chief whip Datuk Seri Takiyuddin Hassan conceded that DRSO 14(2) allows it, but curiously Perikatan Nasional chairman Tan Sri Muhyiddin Yassin deemed it tyranny of the majority.

Azalina had done it before — at least thrice in recent times. On October 31, 2023 she moved as follows:

Mengikut Peraturan Mesyuarat 14(2), saya mohon mencadangkan supaya Aturan Urusan Majlis Mesyuarat dimulakan dengan ucapan tahniah atas pemilihan Yang di-Pertuan Agong Ketujuh Belas dan Timbalan Yang di-Pertuan Agong dan selepas itu Majlis disambung semula dengan urusan dalam Aturan Mesyuarat hari ini.”

The motion followed the announcement by the Istana Negara on October 27, 2023 that Sultan Ibrahim Iskandar would be the 17th Yang Di-Pertuan Agong, with Sultan Nazrin Muizzuddin Shah as his deputy.

On October 9, 2023 the same Minister moved as follows:

Mengikut Peraturan Mesyuarat 14(2), saya mohon mencadangkan Penerangan Menteri berhubung konflik Israel-Palestin di bawah Peraturan Mesyuarat 14(1)(i) dibuat sekarang dan selepas itu disambung semula dengan urusan seperti dalam Aturan Urusan Mesyuarat hari ini.”

On June 14, 2023, Azalina moved as follows:

Mengikut Peraturan Mesyuarat 14(2), saya mohon mencadangkan Penerangan Menteri di bawah Peraturan Mesyuarat 14(1)(i) dibuat sekarang, dan selepas itu disambung semula dengan urusan seperti dalam Aturan Urusan Mesyuarat hari ini.”

The motion was for the Prime Minister to update the Dewan Rakyat and the nation the latest status regarding the heirs of the Sultan of Sulu’s claims against the country.

Are all of the above motions, made under DRSO 14(2), tyranny of the majority?

Should we start “digging” the Hansard and find if previous Parliaments, including the 14th Parliament, have resorted to DRSO 14(2)?

*This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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Thu, 29 Feb 2024 07:56:29 +0800 Tyranny,of,the,majority?,—,Hafiz,Hassan
<![CDATA[Requirement of notice to the police before an assembly is reasonable, constitutional — Hafiz Hassan]]> https://www.malaymail.com/news/what-you-think/2024/02/28/requirement-of-notice-to-the-police-before-an-assembly-is-reasonable-constitutional-hafiz-hassan/120398 https://www.malaymail.com/news/what-you-think/2024/02/28/requirement-of-notice-to-the-police-before-an-assembly-is-reasonable-constitutional-hafiz-hassan/120398 Malay Mail

FEBRUARY 28 — Palestine Solidarity Secretariat (SSP), which organised the five-day picket in front of the United States Embassy in December, has announced a rally in the capital city this Saturday.

It said the rally called “Himpunan Solidariti Demi Palestin” (Malay for “Palestine Solidarity Gathering”) would start at 2pm with a march from the Lembaga Tabung Haji headquarters to Padang Merbok, passing by the United States Embassy along the way.

“We want Malaysians to come as many as possible. We didn’t set any targets or numbers but we want to see as many Malaysians to come,” its spokesman, activist Chua Tian Chang or Tian Chua, told the press on Tuesday (February 27).

Tian Chua’s announcement came following electoral watchdog Bersih’s “Turun Parlimen #Reformasi100Peratus” rally and gathering that was held near the entrance to the Parliament building earlier in the day.

Police, however, have opened an investigation paper on Bersih’s rally and gathering.

Dang Wangi police chief ACP Noor Dellhan Yahaya said they would summon the organisers of the gathering to have their statements recorded as they failed to give the police at least five days’ notice on the rally.

“The case will be investigated under Section 9(1) of the Peaceful Assembly Act 2012,” he said briefly when contacted by Bernama.

Section 9(1) of the Peaceful Assembly Act 2012 (PAA) stipulates that an organiser “shall, five days before the date of an assembly, notify the Officer in Charge of a Police District in which the assembly is to be held.”

Section 9(1) is the law. It is constitutional, despite the challenge in the case of Nik Nazmi bin Nik Ahmad v Public Prosecutor [2014]. In that case, the Court of Appeal ruled that Section 9(5) PAA was unconstitutional.

Only one of the three appellate judges (Mah Weng Kwai JCA) ruled that Section 9(1) was unconstitutional as well. The other two judges (Mohamad Ariff and Hamid Sultan JJCA) ruled otherwise.

Each of the three appellate judges delivered their own judgment. In his judgment, Mohamad Ariff JCA said:

“The PAA has carefully defined and delineated the various responsibilities of the organisers, participants and the police. See Sections 6, 7 and 8. It also provides a procedure for notification of a proposed assembly to the public (or persons having interests) and the right to raise objections and allows the police to take such measures as necessary to ensure the orderly conduct of the assembly. See Sections 9 to 15.

“Objectively evaluated, can it be concluded that the rationale for the requirement for prior 10 days’ notice has a rational and reasonable basis, or is it also proportionate to the legislative objectives? For me, I tend to be of the view that this particular provision, namely Section 9(1) ... [is] a reasonable restriction.

“It is not, I feel, the domain of the court to stipulate whether the 10 days’ notice should be shorter, or, for that matter, that the law must recognise a right to have an immediate assembly for the rakyat to voice out their dissent. Length of notice is a matter ultimately of legislative policy.

“This law was debated extensively in Parliament, and the original notice period was in fact reduced. The courts in testing the constitutionality of legislative action cannot substitute its own view on what ought to be the proper policy. The domain of the courts is the determination of legality of an action judged against proper legal standards, principles and rules.

“It is in this sense that the legal concepts of reasonableness and proportionality have to be understood and applied. I am therefore of the view, and I so find accordingly, that Section 9(1) of the PAA is constitutional.”

Palestine Solidarity Secretariat, which organised the five-day picket in front of the United States Embassy in December, has announced a rally in the capital city this Saturday. — Reuters pic
Palestine Solidarity Secretariat, which organised the five-day picket in front of the United States Embassy in December, has announced a rally in the capital city this Saturday. — Reuters pic

The 10 days’ notice is now five days’ after amendments in 2019 vide the Peaceful Assembly (Amendment) Act 2019 (Act A1600).

The other appellate judge, Hamid Sultan JCA had the following to say:

“I am of the considered view that the PAA 2012 (save for penal sanctions) is an Act within the spirit and intent of Article 10 of the Federal Constitution recognising freedom to assemble. The organisers should follow the restrictions stated in the Act and/or any reasonable restrictions stated by the police to maintain law and order and provide not only security but proper facilities to ensure citizens assemble without fear and in that process do not become victims of unexpected incidents.

“This is a social responsibility for the organisers and should not be compromised for any reason whatsoever. If the organisers do not comply with reasonable restriction there is no prohibition for the law enforcement agencies to take action as provided by the penal laws or other provisions of the [Criminal Procedure Code — CPC] to maintain law and order if reasonably necessary taking into consideration the right to assemble peacefully and without arms is an enshrined right.”

So, respect and adhere to the law.

The requirement of notice in section 9(1) PAA is reasonable, not onerous and, importantly, constitutional.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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Wed, 28 Feb 2024 11:39:03 +0800 Himpunan Solidariti Demi Palestin,Palestine Solidarity Gathering,israel palestine conflict,gaza war
<![CDATA[Uphold rights, respect rule of law — Hafiz Hassan]]> https://www.malaymail.com/news/what-you-think/2024/02/26/uphold-rights-respect-rule-of-law-hafiz-hassan/120065 https://www.malaymail.com/news/what-you-think/2024/02/26/uphold-rights-respect-rule-of-law-hafiz-hassan/120065 Malay Mail

FEBRUARY 26 — Chief Secretary to the Government (KSN) Tan Sri Mohd Zuki Ali on Saturday (Feb 24) clarified that the authority to appoint and terminate the services of the Malaysia Tourism Promotion Board (MTPB) director-general (DG) Datuk Ammar Abd Ghapar rests with the Minister of Tourism, Arts and Culture.

He explained that this matter is clearly outlined in the Malaysia Tourism Promotion Board Act 1992 (Act 481).

Chief Secretary to the Government (KSN) Tan Sri Mohd Zuki Ali on Saturday (Feb 24) clarified that the authority to appoint and terminate the services of the Malaysia Tourism Promotion Board (MTPB) director-general (DG) Datuk Ammar Abd Ghapar rests with the Minister of Tourism, Arts and Culture. — Bernama pic
Chief Secretary to the Government (KSN) Tan Sri Mohd Zuki Ali on Saturday (Feb 24) clarified that the authority to appoint and terminate the services of the Malaysia Tourism Promotion Board (MTPB) director-general (DG) Datuk Ammar Abd Ghapar rests with the Minister of Tourism, Arts and Culture. — Bernama pic

Section 3 of Act 481 establishes the MTPB while section 4 sets out its functions and powers. Section 5 then provides for membership of the MPTB.

Members are appointed by the Minister who are, among others, (a) a Chairman; (b) a Deputy Chairman; and (c) the Director General. The Schedule to Act 481 applies to the MTPB and its members — Section 5(4).

Section 1(2)( of the Schedule states that the appointment of any member may at any time be revoked by the Minister without assigning any reason, while Section 2(g) states that the office of a member is vacated if his appointment is revoked by the Minister.

The Minister is empowered under Section 10(1) to appoint “a fit and proper person, on such terms and conditions as he may determine, to be the Director General who shall be the chief executive officer of the Board”.

The MPTB, on the other hand, is empowered under Section 10(2) to appoint, with the approval of the Minister, (a) Deputy Director Generals and Directors as it deems appropriate, and (b) such other officers and servants as it considers necessary for the efficient conduct of its business.

So, the law under Act 481 is clear on the appointment, revocation and vacation of office of the DG, as pointed out by the KSN.

But there is more to the law on statutory bodies.

The Ministry of Finance (MOF)’s FAQs on Federal Statutory Bodies inform us that there are a number of “essential legislations” which a Federal Statutory Body like MPTB must adhere to, namely:

(i) Statutory Bodies (Account and Annual Report) Act 1980 (Act 240);

(ii) Statutory Bodies (Power to Borrow) Act 1999 (Act 596);

(iii) Statutory Bodies (Discipline and Surcharge) Act 2000 (Act 605); and

(iv) Government circulars related to Federal Statutory Bodies.

Act 240, which precedes Act 481, makes provision for, among others, certain time limits in relation to the preparation and submission of the statements of accounts for audit of all statutory bodies incorporated pursuant to the provisions of federal law and the audit of such accounts.

Importantly, Section 2 of Act 240 defines “statutory body” to mean “any body corporate, irrespective of the name by which it is known, that is incorporated pursuant to the provisions of federal law and is a public authority or an agency of the Government of Malaysia but does not include a local authority and a body corporate that is incorporated under the Companies Act”.

The MTPB is accordingly a statutory body under the law.

Meanwhile, Act 605 makes provisions for matters relating to the discipline of, and the imposition of surcharge on, officers of statutory bodies incorporated by federal law, and for matters connected therewith.

The Explanatory Notes to the Bill stated that the proposed law aimed at bringing uniformity in laws and procedures in matters related to discipline, and the imposition of surcharges on federal statutory body officers.

Section 2(1) of Act 605 states that the Act applies to all statutory bodies except the statutory bodies listed in the First Schedule. The MPTB is not listed in the First Schedule.

Section 3 of Act 605 says that the Act must be read together and construed as one with the incorporating law of a statutory body. This means that Act 605 must be read together and construed as one with Act 481.

Section 4 of Act 605 defines, among others, “Director General” and “officer”. The former means “the person, by whatever name called, who is charged with the day to day administration and management of the affairs of a statutory body” while the latter includes “a person who is employed on a permanent, temporary or contractual basis by a statutory body, and is paid emoluments by the statutory body”.

Part II of Act 605 — on Discipline — is one of the two cores of the legislation. Section 5 states that the Regulations, as set out in the Second Schedule, apply in respect of the discipline of officers of a statutory body.

Section 6 and 7 of Act 605 makes provisions for the establishment of Disciplinary Committees and Disciplinary Appeal Committees respectively.

Section 8(2) of Act 605 is most relevant to our discussion. It states that “where the Director General or his deputy is appointed by the Minister, the Disciplinary Committee in respect of such Director General or such deputy shall consist of the Secretary General of the Ministry and two members of the Board appointed by such Secretary General”.

Section 8(3) then provides for the power of the Disciplinary Committee to conduct disciplinary proceedings against the Director General or his deputy over whom it has jurisdiction and may make any recommendation to the Minister by whom the Director General or his deputy was appointed as to the punishment to be imposed on or any other action to be taken against such Director General or his deputy.

The decision of the Minister, acting upon the recommendation by the Disciplinary Committee, is final.

So, the law since 2000 has changed. An incorporating law of a statutory body like Act 481 cannot be read alone. Section 3 of Act 605 is clear: it must be read together and construed as one with the incorporating law of a statutory body.

The law is meant to protect the rights of appointees under an incorporating law of a statutory body. Uphold these rights and respect rule of law.

*This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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Mon, 26 Feb 2024 16:00:30 +0800 Uphold,rights,,respect,rule,of,law,—,Hafiz,Hassan
<![CDATA[Frailty is reversible if identified early in an older person — Mohd Idzwan bin Zakaria]]> https://www.malaymail.com/news/what-you-think/2024/02/26/frailty-is-reversible-if-identified-early-in-an-older-person-mohd-idzwan-bin-zakaria/120055 https://www.malaymail.com/news/what-you-think/2024/02/26/frailty-is-reversible-if-identified-early-in-an-older-person-mohd-idzwan-bin-zakaria/120055 Malay Mail

FEBRUARY 26 — An old person in a wheelchair pushed by a relative or carer in a mall is a frequent scene in Malaysia nowadays. The public often associate these older persons as being frail due to old age. There is a substantial ignorance amongst the Malaysian public on frail older persons resulting in a higher number of them compared to our closest neighbour, Singapore.

“Frailty” derives from an old French word “fraileté” which means weakness. Hence, probably based on this, frailty is translated to “kelemahan” by the “Dewan Bahasa dan Pustaka”. However, it is more complex than just weakness. Frailty is a clinical syndrome characterised by decrease in physiological reserve resulting in slowness, weight loss, impaired strength, exhaustion and low physical activity which leads to increase vulnerability to stressors such as minor infection or a change in medication. Frailty leads to fall, immobility, disability, incontinence, susceptibility to side effects of medications and delirium to the older person. Frailty also will increase length of stay in the hospital, mortality and predispose the older person to depression, anxiety and eventually self-neglect. In an era of overcrowding in hospitals in Malaysia, improving and reducing frailty will reduce the numbers of the older person visiting the hospitals.

The writer says frailty is reversible if identified early. — Unsplash pic
The writer says frailty is reversible if identified early. — Unsplash pic

Frailty is reversible if identified early. Emergency department being the front door of the hospital frequently sees the complications of older persons’ frailties. Frailty is identified using Clinical Frailty Score developed by Professor Ken Rockwood of Dalhousie University, Canada. In a resource limited healthcare service, collaboration amongst the carer or relative of an older person, nursing home provider, geriatricians, emergency medical services and primary care providers and a multidisciplinary frailty management team is vital to reduce the frailty. The intervention involve treating the complications and addressing the 5Ms which are Mind (dementia, delirium and depression), Mobility (maintaining mobility and avoiding falls), Medications (reducing polypharmacy), Multi-complexity (tailored medical, psychological, social, functional and environmental interventions) and Matters most (individual care preferences are discussed and incorporated in the treatment plans).

The acceptance by the public that frailty is treatable will ensure a better quality of life to our older persons in the wake of silver tsunami in Malaysia.

* Mohd Idzwan bin Zakaria is Senior Consultant in Emergency Medicine, University Malaya.

** This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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Mon, 26 Feb 2024 15:26:03 +0800 Frailty,is,reversible,if,identified,early,in,an,older,person,—,Mohd,Idzwan,bin,Zakaria
<![CDATA[In response to ‘BNM says ringgit’s slide doesn’t reflect economic strength amid currency polemic’ — K. Robert]]> https://www.malaymail.com/news/what-you-think/2024/02/21/in-response-to-bnm-says-ringgits-slide-doesnt-reflect-economic-strength-amid-currency-polemic-k-robert/119145 https://www.malaymail.com/news/what-you-think/2024/02/21/in-response-to-bnm-says-ringgits-slide-doesnt-reflect-economic-strength-amid-currency-polemic-k-robert/119145 Malay Mail

FEBRUARY 21 — I read with much interest the article entitled, “BNM says ringgit’s slide doesn’t reflect economic strength amid currency polemic” (February 20, 2024).

Of national concern is the ringgit depreciation

(RM4.885 against US$1) to its weakest level since the Asian financial crisis in 1998.

Following the United Nations’ COP28 recent approval of a road map for “transitioning away from fossil fuels”, one can only imagine its inevitable impact on countries relying on petroleum income with currency implications going forward.

While strategic initiatives are urgently needed to tackle the above issue so as to mitigate its potential adverse effects on the local currency and the national economy, ways and means need to be also found to develop the economy and strengthen the ringgit.

Looking back, our nation has been rather fortunate each time to acquire or discover certain national resources at different times.

First, we had rubber and tin. Then sawn timber and palm oil came along. Next the nation has been greatly helped by the petroleum and gas discovery. The electronics industry and the tourism industry have contributed much to the nation’s economic well-being. However, certain industries are already sunset industries.

Short of stating the obvious, our nation is faced with great competition from countries for foreign direct investment. We need to further improve our investment climate, and hence our international competitiveness standing.

Of paramount importance, we badly need to invest and augment the country’s human capital. It is one of the few assets left that we possess.

Bank Negara Malaysia said on Tuesday the ringgit’s performance does not reflect the country’s economic strength, as the currency slid further to its lowest level since the 1998 Asian Financial Crisis today. — Picture by Miera Zulyana
Bank Negara Malaysia said on Tuesday the ringgit’s performance does not reflect the country’s economic strength, as the currency slid further to its lowest level since the 1998 Asian Financial Crisis today. — Picture by Miera Zulyana

We cannot afford to fail in the endeavour to develop high-quality human capital that is relevant for our times. We cannot afford to compromise in this regard. If we fail in this matter, one cannot imagine the adverse consequences for our nation.

There is also a need to also come together for the common good of all in our nation, regardless of our political, racial and religious differences.

Neither think in a narrow-minded way nor adopt an unhealthy “winner-takes-all” mindset as if there is no place for others under the Malaysian sun. Do not forget too that we will rise or fall together. So, let us all manage our differences peaceably in a civil and wise manner.

Finally, continuing efforts need to be expended on plugging financial wastages and leakages of all forms.

As the old adage says, “united we stand, divided we fall”. As Malaysians who love our beloved country, let us choose this day the former option for the betterment of our nation.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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Wed, 21 Feb 2024 08:44:55 +0800 In,response,to,‘BNM,says,ringgit’s,slide,doesn’t,reflect,economic,strength,amid,currency,polemic’,—,K.,Robert
<![CDATA[Legal systems co-exist — Hafiz Hassan]]> https://www.malaymail.com/news/what-you-think/2024/02/20/legal-systems-co-exist-hafiz-hassan/119020 https://www.malaymail.com/news/what-you-think/2024/02/20/legal-systems-co-exist-hafiz-hassan/119020 Malay Mail

FEBRUARY 20 — Comparative law has been in existence for a long time, wrote Nicholas HD Foster on New Year’s Day in 2006.

The co-founder of the Journal of Comparative Law (JCL) explained that comparative law “goes back via Montesquieu and the reception of Roman law into modern European legal systems to Aristotle (at least). Some trace its beginnings as a scholarly discipline to Lambert and Saleilles’ foundation of the International Congress for Comparative Law in 1900, others to the foundation of the French Society of Comparative Legislation and the appointment of Sir Henry Maine as Professor of Historical and Comparative Jurisprudence in Oxford in 1869.”

Yet, even at the turn of the new millennium, comparative law had been regarded by many as arcane.

It was unjustified, for the simple reason that the benefits of comparative law are, and have been, well known, which are that it is “[an] academic study; law reform and policy development; a tool for research to reach a universal theory of law; the provision of perspective to students; an aid to international practice of the law; international unification and harmonisation — common core research; a gap-filling device in law courts; and an aid to world peace”. (See Esin Örücü, “Critical Comparative Law: Considering Paradoxes for Legal Systems in Transition” (2002) Electronic Journal of Comparative Law)

The writer says even at the turn of the new millennium, comparative law had been regarded by many as arcane. — Unsplash pic
The writer says even at the turn of the new millennium, comparative law had been regarded by many as arcane. — Unsplash pic

According to Foster, there is “a need for comparative legal knowledge unparalleled in history”. According to Örücü, comparative law has become an “essential instrument for legal understanding”. (See Esin Örücü, “Unde Venit, Quo Tendit Comparative Law” in Esin Örücü and Andrew Harding (eds) Comparative Law in the 21st Century, Kluwer 2002)

That is why in ”Malaysia too can have federal and state laws governing criminal offences”, I presented a comparative look at Australia and the US to show that criminal laws can vary significantly among the states in a country.

It is hoped that one is not set to “the narrow-mindedness which blinds law students [and lawyers] to the possibility that legal questions could be solved, or even approached, differently than in their own legal system”. (See Uwe Kischel, “Aims of Comparative Law” in Comparative Law, Oxford University Press 2019).

To quote Nicholas HD Foster again:

“The old assumption that legal systems neatly regulate natural and legal persons on their territory is no longer defensible, if it ever was. Account needs to be taken of legal pluralism and of non-state legal orders, such as Islamic law in the United Kingdom, which coexist with the formal legal system and exert a very significant influence on the lives of many people, even if the formal legal system refuses to acknowledge this.”

Legal systems do co-exist.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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Tue, 20 Feb 2024 15:42:57 +0800 malaysia legal system
<![CDATA[Five ways to improve the economic livelihood of the person on the street — Ong Kian Ming]]> https://www.malaymail.com/news/what-you-think/2024/02/20/five-ways-to-improve-the-economic-livelihood-of-the-person-on-the-street-ong-kian-ming/118991 https://www.malaymail.com/news/what-you-think/2024/02/20/five-ways-to-improve-the-economic-livelihood-of-the-person-on-the-street-ong-kian-ming/118991 Malay Mail

FEBRUARY 20 — The Fourth Quarter GDP growth figures for Malaysia which were released on the 16th of February 2024 showed a slower than expected growth rate of 3.0 per cent which resulted in the Malaysian economy growing at 3.7 per cent for 2023, lower than the initially projected 4 per cent.

While economists and policy makers will debate and discuss various reasons for why this is the case — lower external demand resulting in a drop in exports and a fall in manufacturing, for example — for the person on the street, they would not be able to feel or tell the difference between a 3.7 per cent and a 4.0 per cent GDP growth rate.

The government needs to understand that debating and discussing the nuances of statistics, while important to those in the financial sector, has very little impact on the masses and the voting population.

For them, what they have been negatively impacted by since the opening up of the economy post Covid19 in 2022 has been as follows:

(i) The expiry of the loan moratorium for housing and car loans at the end of 2021, no more EPF withdrawals after 2022, and the end of Covid19 related assistance at the end of 2022

(ii) Above normal headline inflation rates of more than 3 per cent in 2022 and between 2.5 per cent to 3 per cent in 2023 due to supply chain disruptions from Covid19, the war in Ukraine and increased imported inflation due to the weak ringgit and less disposable income from rising interest rates

(iii) The increasing strength of the Singapore Dollar to RM3.56 / S$1 today that has been Malaysia less attractive as a place to work, especially for those living in Johor

At the same time, businesses have been feeling pressures because of the following:

(i) A sudden increase in electricity prices in Dec 2022 because of delays by the previous government in implementing the Industry Cost Past Through (ICPT) mechanism

(ii) A shortage of foreign labour which resulted in upward wage pressure for existing and new staff (without seeing increases in productivity)

(iii) Increase in costs to comply with changes in the Employment Act in 2023

(iv) Increase in costs because of the weaker ringgit, the war in Ukraine and supply chain disruptions

(v) Increase in costs in hiring new foreign labour (including expensive “agent” fees)

In addition, despite the high Foreign Direct Investments (FDIs) announced, there is usually a lag of a few years before these FDI are actualised and a few more years before the local supply chain ecosystem is integrated into the activities of foreign investors and the benefits can be felt “on the ground” among those who provide other services to this ecosystem.

Hence, the government should not be surprised if the relatively positive economic numbers announced (at least compared to the Covid19 pandemic times) is not received positively by the person on the street.

The writer said the government should not be surprised if the relatively positive economic numbers announced is not received positively by the person on the street. — Picture by Firdaus Latif
The writer said the government should not be surprised if the relatively positive economic numbers announced is not received positively by the person on the street. — Picture by Firdaus Latif

What can this unity government do in response to the prevailing public sentiment that the economy does not seem to be well-managed at the moment? The following are my recommendations:

(i) The government should acknowledge the challenges it is facing in managing the economy and stop blaming the past governments on everything including 1MDB causing the slide in the ringgit. This makes the current government seem ineffective to the public and also brings attention away from some of the positive government policies which have been announced such as the National Energy Transition Roadmap (NETR) and the New Industrial Masterplan 2030 which will take some time to actualise.

(ii) Have policy consistency so that families and businesses can plan ahead for issues such as increase diesel and petrol prices when the subsidies are gradually withdrawn this year. Till now, we don’t have any concrete timelines on when these withdrawals are going to take place and more importantly, what is the amount of targeted subsidies that will replace these targeted subsidies and who will be eligible for them.

(iii) Announce rollout plans for the important initiatives that were in Budget 2024 including funding details for the NIMP 2030, NETR related funding schemes, tax incentives for Global Business Centres, just to name a few examples. The longer these are delayed, the less confidence the public will have in the implementation agenda under this Unity Government.

(iv) Announce and roll out initiatives related to important economic catalysts that will have significant multiplier effects. These would include rolling out the new MM2H categories (important for the property, tourism, and education sectors), announcing the MRT3 Line 3 Project (important for the construction industry) and working on specific initiatives that were identified in the joint press statement between Malaysia and Singapore on the Special Economic Zone (SEZ) for Johor, just to name a few.[1] These announcements will not only get the market excited but they will translate into quickly felt economic benefits on the ground.

(v) Finally, this government needs to have better strategised and coordinated communication plans so that it doesn’t end up shooting itself in the foot. One recent example is the announcement by the Chair of the Food and Cost of Living Chairman and Bukit Gantang MP, Syed Abu Hassin on the introduction of a single category of “Beras Madani” or Madani Rice costing RM30 / kg which had not even been decided by the Ministry of Agriculture or the cabinet. This kind of amateurism in public policy announcements only further contributes to the narrative that this Unity Government is not competent in the management of the economy.

It’s not too late to save the economic narrative for this unity government and for it to prove to the person on the street that their livelihood will be better under the Madani government. But time is slowly but surely running out.

* Ong Kian Ming is a former Deputy Minister of International Trade and Industry.

** This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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Tue, 20 Feb 2024 12:37:23 +0800 unity government,malaysia economic recovery,malaysia economy
<![CDATA[Cabinet urged to pause regressive amendments and release Green Paper of draft Citizenship Amendment Bill — Malaysian Citizenship Rights Alliance]]> https://www.malaymail.com/news/what-you-think/2024/02/20/cabinet-urged-to-pause-regressive-amendments-and-release-green-paper-of-the-draft-citizenship-amendment-bill-malaysian-citizenship-rights-alliance/118987 https://www.malaymail.com/news/what-you-think/2024/02/20/cabinet-urged-to-pause-regressive-amendments-and-release-green-paper-of-the-draft-citizenship-amendment-bill-malaysian-citizenship-rights-alliance/118987 Malay Mail

FEBRUARY 20 — As representatives of the Malaysian Citizenship Rights Alliance (MCRA), we have consistently expressed serious reservations about the proposed revisions to citizenship laws currently under review. These proposed changes, in their current form, deviate from the core principles of justice, equality, and respect for human dignity that are fundamental to our country’s ethos and advancement. According to a press release in December, the Attorney General’s Chambers has been drafting the proposed amendments to the Federal Constitution and may have finalised this process.

While one of the proposed amendments aims to grant citizenship to children born abroad to Malaysian mothers — and should be lauded — five other proposed amendments, in their current form, threaten to introduce regressive measures that could disenfranchise certain segments of our population. Foundlings, abandoned children, and the children of Stateless Malaysian Permanent Residents would lose their right to citizenship. The constitutional protection against statelessness would also be removed, especially for elderly stateless persons, children born pre — marriage, adopted stateless children and other vulnerable individuals. Additionally, foreign spouses of Malaysian men are at risk of statelessness if their marriage ends within two years of acquiring Malaysian citizenship. Lastly, stateless children would have shorter timeframes to apply for citizenship through the citizenship-by-registration provision, exacerbating their challenges.

MCRA said while one of the proposed amendments aims to grant citizenship to children born abroad to Malaysian mothers  —  and should be lauded  —  five other proposed amendments, in their current form, threaten to introduce regressive measures that could disenfranchise certain segments of our population. — Picture by Devan Manuel
MCRA said while one of the proposed amendments aims to grant citizenship to children born abroad to Malaysian mothers — and should be lauded — five other proposed amendments, in their current form, threaten to introduce regressive measures that could disenfranchise certain segments of our population. — Picture by Devan Manuel

The Prime Minister Anwar Ibrahim himself has criticised the administrative hurdles that stateless children must overcome in seeking citizenship; yet the current proposed amendments would further exacerbate the difficulties they face.

“These are genuine cases of children who were born and raised in Malaysia, and who qualify to be citizens under our constitution; under our laws and constitution no child should or can be rendered stateless,” Anwar wrote in 2017. “It is shameful that stateless children have to file legal actions and be dragged through a series of appeals simply to obtain the basic right of citizenship.

Therefore, we urgently appeal to you, as members of the executive body of the government and a custodian of our nation’s laws, to take immediate action to halt these five regressive citizenship amendments. We believe that it is imperative to uphold the integrity of our citizenship laws and ensure that they reflect the values of justice, equality, and respect for human dignity. Such amendments not only go against the spirit of inclusivity and unity upon which our nation was founded, but also risk exacerbating existing social divisions and inequalities.

We strongly urge the Cabinet to promptly disclose the draft bill as a Green Paper and make it available for public consultation. A Green Paper would enable stakeholders to consider policy options to address proposed regressive amendments thoroughly, avoiding rushed decisions.

Without access to the precise wording, the public cannot fully assess the implications of the proposed changes that will affect their lives. Meaningful public engagement is vital in a democracy, ensuring all stakeholders can provide input on matters affecting their rights. Transparent and inclusive consultation processes demonstrate the government’s commitment to accountability and respect for citizens’ voices.

The Malaysian Citizenship Rights Alliance is a coalition of concerned citizens, activists, and organisations dedicated to upholding the rights and dignity of all stateless persons and those impacted by discriminatory citizenship laws. We implore you to consider the grave implications of the proposed citizenship amendments and to prioritise the protection of citizenship rights for all individuals in Malaysia. We stand ready to engage constructively with the government and other stakeholders to ensure that our citizenship laws uphold the principles upon which our country was founded and with which our nation advances.

We thank the Cabinet Ministers’ attention to this urgent matter and remain hopeful for a positive outcome that safeguards the rights and welbeing of all Malaysians.

Endorsements:

A. Non Governmental Organisations/Civil Society Organisations:

1. Association of Women Lawyers (AWL)

2. Agamm Ani Msia

3. All Women’s Action Society (AWAM)

4. Bait Al Amanah ( BAA)

5. Beyond Borders

6. Borneo Komrad

7. Buku Jalanan Chow Kit

8. Cahaya Society

9. Centre for Independent Journalism

10. CHILD

11. Childline Foundation

12. CRIB Foundation (Child Rights Innovation & Betterment)

13. DHRRA Malaysia

14. EMPOWER

15. ERA Consumer Malaysia

16. EWRF

17. Family Frontiers

18. Foreign Spouses Support Group (FSSG)

19. G25 Malaysia

20. Gabungan Lembaga Pengelola Sekolah sekolah Tamil Malaysia

21. Gabungan Persatuan-Persatuan Penganut Agama Saiva Malaysia

22. HAKAM

23. HaKita

24. Hindu Sevai Sangam

25. IMAN Research

26. Iskul Sama diLaut Omadal

27. Johor Women’s League (JEWEL)

28. Kemban Kolektif

29. Lawyer Kamek, Sarawak

30. Lawyers for Liberty (LFL)

31. Make it Right Movement

32. Malaysia Hindu Sangam (MHS)

33. Malaysian Council of Child Welfare

34. Malaysian Hindu Dharma Mamandram

35. Our Journey

36. PASUMAI

37. Penan Empowerment Networking Association (PENA)

38. Persatuan Bekas Pelajar Sekolah Tamil Malaysia ( Permata )

39. Persatuan Kebajikan dan Kepenggunaan Wanita , Malaysia

40. Persatuan Pengguna Luar Bandar Malaysia

41. Persatuan Perkasaan Sosial dan Pembangunan Perusahaan Perai, Pulau Pinang

42. Persatuan Sahabat Wanita Selangor

43. Persatuan Untuk Anak Kita (Puak Payong)

44. Pertubuhan Belia Hindu Pelabuhan Klang (HYO Port Klang)

45. Pertubuhan Pembangunan Wanita Tamarai Pulau Pinang

46. Persatuan Martabat Untuk Semua Petaling Jaya

47. PROHAM

48. PS the Children

49. PTDM

50. PurpleLily Social Association Kuching

51. Pusat KOMAS

52. Sabah Human Rights Centre (SHRC)

53. Sarawak Women For Women Society (SWWS)

54. Sisters in Islam (SIS)

55. Suara Rakyat Malaysia (SUARAM)

56. Sustainable Development Network Malaysia (SUSDEN Malaysia)

57. The Rise Malaysia

58. Toy Libraries Malaysia

59. Voice of Children (VOC)

60. Women’s Centre for Change (WCC)

61. Yayasan Chow Kit

62. Yayasan Penyelidikan & Pembangunan Pendidikan Tamil Malaysia

B. Coalitions/ WorkingGroups:

1. Child Rights Coalition Malaysia

2. Malaysia Stateless Alliance

3. The OKU Rights Matter Project

C. Individuals/Activists/Impacted persons:

1. Agnes Padan (activist)

2. Amy Dangin (Mother, Actor, Social Media Influencer)

3. Andrew Khoo, Advocate & Solicitor

4. Anwar Fazal

5. Betty Yeoh (Women/Human Rights Activist)

6. Bill Jugah (ICON)

7. Cikgu Rahayu, Children Education Activist

8. Dashran Yohan, journalist

9. Dato’ Dr Amar-Singh HSS, Consultant Paediatrician, Child-Disability Activist

10. Dr Yeoh Kheng Song ( Child Specialist )

11. Eliza Thea Topaz

12. Heah Tze Ling (father of stateless child)

13. IVY Josiah ( Women’s Rights Activist)

14. Jasmine Wong Kah Man — Lawyer

15. Jayamalar

16. Kasthuri Krishnan — Child Rights Lawyer

17. Lee Cheah Cherng (stateless biological father)

18. Norman Goh

19. Nurol Akma (Abby) Latif

20. Muhammad Sha’ani bin Abdullah

21. Philip Choong Kim Hoong(stateless)

22. Puteri N. Balqis (Founder, Save The Schools MY)

23. Ranee Sreedharan — Child Rights Lawyer

24. Rozy Ghaffar

25. Sheila Rahman (foster mum to 5 stateless kids)

26. Tan Chia Ee — Human Rights Activist

27. Vanessa Christie Menon ( Above 21 Stateless )

28. Viqar Ahmed Mohammad

29. Wong Kueng Hui (Former statelesss/ Activist)

30. Yuenwah San

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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Tue, 20 Feb 2024 12:11:11 +0800 malaysian citizenship,Malaysian Citizenship Rights Alliance MCRA
<![CDATA[Final call: Engage in Malaysia’s SVDP 2.0 before the May 31 deadline — Harjit Singh Sidhu]]> https://www.malaymail.com/news/what-you-think/2024/02/19/final-call-engage-in-malaysias-svdp-20-before-the-may-31-deadline-harjit-singh-sidhu/118795 https://www.malaymail.com/news/what-you-think/2024/02/19/final-call-engage-in-malaysias-svdp-20-before-the-may-31-deadline-harjit-singh-sidhu/118795 Malay Mail

FEBRUARY 19 — As the closing date for Malaysia’s Special Voluntary Disclosure Program 2.0 (SVDP 2.0) draws near on May 31, 2024, taxpayers are urged to take this opportunity seriously to avoid potential audits from the Inland Revenue Board Malaysia (IRBM).

The IRBM has a powerful data system that taps into various sources, including the Companies Commission of Malaysia (SSM), the Royal Malaysian Customs Department (RMCD), immigration records, and even social media platforms. With the implementation of the Automatic Exchange of Financial Account (AEOI), foreign assets and bank account information can now be accessed by the IRBM, leaving no room to hide for those who think their money abroad is beyond reach.

In a bid to fortify tax compliance, the IRBM is intensifying efforts by monitoring offshore accounts. Leveraging information received from tax authorities worldwide, the IRBM aims to verify whether individuals with offshore accounts are fulfilling their tax obligations, particularly when the funds originate from activities within Malaysia. Rigorous checks will be conducted, and cases hinting at potential tax non-compliance will be promptly handed over to the audit and investigation team.

Failure to match reported income with taxes paid can trigger audits or investigations. A regular tax audit process, taking a minimum of six months, allows IRBM full access to documents and records under Section 80 of the Income Tax Act 1967 and this will cost both time and money for businesses.

Understanding SVDP 2.0:

The program encourages the voluntary disclosure of undisclosed income and tax-related discrepancies under specific sections of the Income Tax Act 1967, Real Property Gains Tax Act 1976, and Stamp Act 1949.

a. Categories of taxpayers:

Open to all, SVDP 2.0 covers both new and existing taxpayers, including those with unreported income, asset disposal, and duty payers who failed to stamp documents before May 1, 2023.

b. Review process:

A review will be carried out to ensure the accuracy of the tax computations (mathematical/ calculation error) based on the voluntary disclosure submitted.

c. Period of Completion:

Non-Transfer Pricing Issues – SVDP 2.0 applications will be processed within a period of 14 working days from the date of receipt of the completed applications.

Transfer Pricing Issues - SVDP 2.0 applications will be processed within a period of 30 working days from the date of receipt of the completed applications.

d. Payment options and conditions:

Taxpayers can opt for full settlement within 30 days or choose instalment payments until May 31, 2024, with specific conditions.

e. Inclusions of SVDP 2.0: Tax scenarios covered:

Covers various voluntary disclosures, including under-declared income, over claimed expenses, transfer pricing issues, correction of over claimed relief, deductions or rebates, and adjustments for capital allowances or incentives.

f. Exclusions of SVDP 2.0: Tax scenarios not covered:

Excludes cases where tax audits have commenced, involve non-taxable reduced assessments, tax repayment (except TP cases), or if investigation or prosecution proceedings have started. Also excludes taxpayers with recorded tax transactions and tax rate amendments not part of reportable claims.

g. Outcome of voluntary disclosures:

Audit/investigation action will not be carried out in the future for the year of assessment in which the voluntary disclosure is made. However, audit/investigation can be taken for the year of assessment involved for the following circumstances:

· If a voluntary disclosure is made on non-transfer pricing issues only and there is a risk on transfer pricing issues.

· If a voluntary disclosure is made on the transfer pricing issues only, audit and

· investigation can be taken on other issues other than transfer pricing.

Tax payment on the voluntary disclosure has failed to be made within the stipulated time period.

Why participate in SVDP 2.0?

SVDP 2.0 is a proactive approach for taxpayers to identify and address tax and transfer pricing risks. By participating, taxpayers can avoid penalties and surcharges that may arise during a standard audit. SVDP 2.0 operates on good faith submissions and conducts mathematical or calculation error checks, to eliminate the initiation of a traditional tax audit.

Approaching deadline — take action now:

In conclusion, SVDP 2.0 presents a mutually beneficial scenario. Taxpayers can regularise financial affairs, reduce penalties, and avoid legal consequences, while the IRBM benefits from improved tax compliance and increased revenue.Notably, IRBM has received 64,748 SVDP 2.0 cases with dues totalling RM573 million as of January 31.

As the May 31, 2024 deadline approaches, individuals and businesses are strongly encouraged to participate in SVDP 2.0, ensuring a smoother process and contributing to the betterment of the overall tax landscape in Malaysia.

*This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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Mon, 19 Feb 2024 12:28:41 +0800 Final,call:,Engage,in,Malaysia’s,SVDP,2.0,before,the,May,31,deadline,—,Harjit,Singh,Sidhu
<![CDATA[Opportunities and challenges of the service tax hike — Goh Lim Thye]]> https://www.malaymail.com/news/what-you-think/2024/02/19/opportunities-and-challenges-of-the-service-tax-hike-goh-lim-thye/118773 https://www.malaymail.com/news/what-you-think/2024/02/19/opportunities-and-challenges-of-the-service-tax-hike-goh-lim-thye/118773 Malay Mail

FEBRUARY 19 — In a notable shift of policy designed to enhance its revenue foundations and guarantee fiscal durability, the Malaysian government has declared an imminent alteration to its service tax framework, set to commence in March 2024. This modification will witness the service tax rate rise from 6 per cent to 8 per cent across an extensive array of taxable services.

Crucially, this escalation exempts essential services, such as food and beverages, telecommunications, vehicle parking, and logistics, underscoring the government’s dedication to preserving the affordability and accessibility of fundamental necessities for its populace. The Treasury anticipates this policy adjustment will accrue an additional RM3 billion in revenue, a vital move towards rectifying fiscal deficits, elevating the quality of public services, and underpinning significant infrastructure endeavours.

Government could introduce a graduated tax relief program to ease the transition for SMEs affected by SST hike. — Picture by Nathan Dumlao / Unsplash
Government could introduce a graduated tax relief program to ease the transition for SMEs affected by SST hike. — Picture by Nathan Dumlao / Unsplash

Policymakers might contemplate the following three measures to alleviate any negative impacts and amplify the overall advantages of this policy change.

1. Implementation of a Graduated Tax Relief Program for SMEs

To ease the transition for small and medium enterprises (SMEs) affected by the service tax hike, the government could introduce a graduated tax relief program. This program would offer temporary tax reductions or credits to SMEs, scaled based on their annual revenue or profit margins. For instance, smaller businesses with tighter profit margins could receive more substantial tax relief, helping them adjust to the increased operational costs without significantly raising prices for consumers. This measure would not only alleviate the immediate financial pressure on SMEs but also encourage them to maintain or even expand their workforce, supporting employment and economic activity.

2. Enhanced Incentives for Innovation and Digital Transformation

Recognising the role of innovation and efficiency in mitigating the impact of increased service costs, the government should offer enhanced incentives for businesses that invest in digital transformation and innovative practices. These incentives could take the form of tax deductions, grants, or subsidised training programs for employees in digital skills and innovative service delivery models. By encouraging businesses to adopt modern technologies and innovate in their operations, this policy could help improve productivity and service quality, offsetting the cost increases resulting from the tax hike. Such a move would also align with Malaysia’s broader economic goals of becoming a more digitalised and innovation-driven economy.

3. Strengthening Consumer Protection and Price Monitoring Mechanisms

To protect consumers from potential price exploitation and ensure that the tax increase does not disproportionately affect the cost of living, the government should strengthen consumer protection and price monitoring mechanisms. This could involve setting up a dedicated watchdog to monitor service prices, particularly in sectors not exempt from the tax hike, to prevent unjustified price increases. Additionally, the government could enhance transparency and consumer awareness by requiring businesses to clearly distinguish between price adjustments due to the tax increase and those resulting from other factors. This measure would help maintain consumer trust and confidence, ensuring that the tax hike does not lead to a general increase in the cost of living.

In conclusion, the Malaysian government’s decision to raise the service tax rate from 6 per cent to 8 per cent represents a calculated move to bolster fiscal sustainability and fund essential national projects. While this policy is anticipated to generate an additional RM3 billion in revenue, contributing significantly to the reduction of fiscal deficits and the enhancement of public services and infrastructure, it also poses challenges and opportunities for the economy, businesses, and consumers alike. The potential for increased government revenue and alignment with global tax standards suggests a positive outlook for Malaysia’s economic stability and growth.

However, the anticipated rise in service costs and the possible impact on consumer expenditure and small and medium enterprises (SMEs) necessitate careful consideration and strategic policy interventions. By implementing supportive measures such as a graduated tax relief program for SMEs, enhanced incentives for innovation and digital transformation, and strengthening consumer protection and price monitoring mechanisms, the government can mitigate adverse effects and maximise the benefits of this tax reform. These actions will not only facilitate a smoother transition for all stakeholders but also ensure that Malaysia’s economic landscape remains resilient, competitive, and inclusive in the face of this fiscal adjustment.

*The author is a Senior Lecturer at the Department of Economics, Faculty of Business and Economics, Universiti Malaya, and can be reached at ltgoh@um.edu.my

**This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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Mon, 19 Feb 2024 09:45:11 +0800 Opportunities,and,challenges,of,the,service,tax,hike,—,Goh,Lim,Thye
<![CDATA[Adopt the Roskill model for MACC, part if not full — Hafiz Hassan]]> https://www.malaymail.com/news/what-you-think/2024/02/19/adopt-the-roskill-model-for-macc-part-if-not-full-hafiz-hassan/118758 https://www.malaymail.com/news/what-you-think/2024/02/19/adopt-the-roskill-model-for-macc-part-if-not-full-hafiz-hassan/118758 Malay Mail

FEBRUARY 19 — In “Roskill model for an independent, successful and internationally respected MACC” I wrote that for an independent Malaysian Anti-Corruption Commission (MACC) — with investigation and prosecutorial powers — the “Roskill” model can be looked at.

The “Roskill” model is named after Lord Roskill who was the chairman of a committee set up in the 1980s to look at ways to improve the investigation and prosecution of complex fraud cases.

Bribery and corruption are types of fraud, and the two very often go hand in hand. The “Roskill Report” — published in 1986 — recommended that investigators and prosecutors be brought together under one roof to get the benefits of both professions throughout the life of the investigation and prosecution.

The first to use it is the United Kingdom’s (UK) Serious Fraud Office (SFO), which was established under the Criminal Justice Act 1987 and became operational in 1988. The SFO’s core purpose is the investigation and prosecution of serious and complex fraud, bribery and corruption.

The SFO’s investigation and prosecution of cases is done by multi-disciplinary case teams of lawyers, investigators, forensic accountants, external counsel and other experts. This joint investigatory and prosecutorial case-team structure is the “Roskill” model.

If not a full Roskill model, at least part of it can be adopted by the MACC — that is, a multi-disciplinary team of investigators consisting of lawyers, investigators, forensic accountants and other experts.

If not a full Roskill model, at least part of it can be adopted by the MACC — that is, a multi-disciplinary team of investigators consisting of lawyers, investigators, forensic accountants and other experts. — Picture by Hari Anggara
If not a full Roskill model, at least part of it can be adopted by the MACC — that is, a multi-disciplinary team of investigators consisting of lawyers, investigators, forensic accountants and other experts. — Picture by Hari Anggara

This follows an “exposé” by former MACC chief Tan Sri Dzulkifli Ahmad that the current appointment process of anti-graft officers specialising in the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLA) 2001 is based on promotion when such officers should have a financial background.

As an example, Dzulkifli said an officer from a different investigation field like narcotics or homicide might be transferred to the AMLA section to fill a vacancy despite having no prior knowledge of it.

The former top graft buster earlier said that the MACC needed to streamline its appointments processes to improve the quality of its enforcement and investigating officers.

“For example, how to understand accounts from an auditing point of view and at the same time they need to understand technology in order to facilitate investigations especially when it is necessary to investigate hundreds of accounts. This is what enforcement needs to improve,” he was quoted as saying in an interview with Mingguan Malaysia published on Sunday (Feb 18).

Adopt the Roskill model — at least part of it, if not full.

*This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

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Mon, 19 Feb 2024 08:16:04 +0800 Adopt,the,Roskill,model,for,MACC,,part,if,not,full,—,Hafiz,Hassan
<![CDATA[Malaysia too can have federal and state laws governing criminal offences ― Hafiz Hassan]]> https://www.malaymail.com/news/what-you-think/2024/02/16/malaysia-too-can-have-federal-and-state-laws-governing-criminal-offences-hafiz-hassan/118383 https://www.malaymail.com/news/what-you-think/2024/02/16/malaysia-too-can-have-federal-and-state-laws-governing-criminal-offences-hafiz-hassan/118383 Malay Mail

FEBRUARY 16 ― There are views dismissing suggestions that the Federal Constitution be amended to allow both Parliament and state legislative assemblies to enact criminal laws, saying there should only be one set of criminal laws in a country for one set of offences, and everyone should be subject to it.

I say let’s look at Australia, a more than a century-old federation.

Prior to the establishment of a new federation of six states on January 1, 1901, each of the six states were independent colonies. The union of the six states established the federal system of government that presently exists in Australia.

The former colonies became the six states of a federated Australia.

Within the federal structure, each of the various states and territories ― presently six states, three internal territories and seven external territories) continue to make laws and govern, generally within the ambit of their respective geographical bounds, whilst the Federal or Commonwealth government may make laws and govern in respect of those matters for which it has responsibility, or a specific head of power, under either Section 51 or some other express provision of the Australian Constitution.

The federal system provides for the coexistence of governments, each governing and legislating within their respective spheres of responsibility ― not unlike in Malaysia.

However, there is no express power within the Australian Constitution providing a legislative basis for criminal law ― unlike in the Malaysian Federal Constitution.

Under the Australian Constitution, the power of the Federal Parliament to make laws derives from either the exercise of:

• an implied power arising from laws made according to an express provision; or

• an implied power arising from laws made according to a head of power within Section 51; or

• from the express incidental power within Section 51(xxxix); or

• as an exercise of the executive powers within Section 61.

There are views dismissing suggestions that the Federal Constitution be amended to allow both Parliament and state legislative assemblies to enact criminal laws, saying there should only be one set of criminal laws in a country for one set of offences, and everyone should be subject to it. — Reuters pic
There are views dismissing suggestions that the Federal Constitution be amended to allow both Parliament and state legislative assemblies to enact criminal laws, saying there should only be one set of criminal laws in a country for one set of offences, and everyone should be subject to it. — Reuters pic

Accordingly, the Federal Parliament may enact legislation dealing with criminal law either by implication or as a matter incidental to the power to enact laws with respect to some other matter.

However, any such laws must always be referable to a grant of legislative power under the Australian Constitution. (Lincoln Crowley, “The Basics of Commonwealth Crime”, NSW Bar Association 2007)

The main federal legislation dealing with criminal law are the Crimes Act 1914 and the Criminal Code Act 1995. These, incidentally, are examples of laws made by the Federal Parliament in the exercise of the incidental powers and/or the executive powers mentioned above.

It is the States and Territories that retain legislative responsibility. Accordingly, each Australian state and territory has a body of criminal law.

Take drug offences as examples. There are state laws and there is federal law.

In the State of Victoria, drug offences are contained in the Drugs Poisons and Controlled Substances Act 1981. To the northeast in Queensland, the law is in the Drugs Misuse Act 1986. The federal law can be seen in the earlier mentioned Criminal Code Act 1995.

Lincoln Crowley, who was once the Federal Director of Public Prosecutions Chambers and presently a judge of the Supreme Court of Queensland, wrote in 2007 as follows:

“Understanding the criminal law that applies to the laws of the Commonwealth (Federation) can be difficult. The complexity and size of the legislation that may create a particular offence or the peculiarities of the way in which federal offences are investigated and prosecuted, often leave practitioners bewildered and wishing they were able to return to the relative comfort of the criminal law that they are familiar with.”

Take a look also at the United States of America (US), the first and the oldest in the world. Each of the 50 states has its own criminal code. The federal Congress ― the bicameral legislature comprising the House of Representatives and the Senate and whose main task is to make laws ― has also codified federal criminal law in Title 18 of the US Code with Sections 1 to 2725 dealing with crimes.

Accordingly, criminal laws in the US vary significantly among the states and the federal government.

Malaysia too can have federal and state laws governing criminal offences, subject to the Federal Constitution of course. It’s what federalism is about.

* This is the personal opinion of the writers or publication and does not necessarily represent the views of Malay Mail.

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Fri, 16 Feb 2024 17:05:15 +0800 criminal law
<![CDATA[Biodiversity loss and climate change: MPOGCF’s view and planning in 2024 ― Ahmad Shahdan Kassim]]> https://www.malaymail.com/news/what-you-think/2024/02/16/biodiversity-loss-and-climate-change-mpogcfs-view-and-planning-in-2024-ahmad-shahdan-kassim/118377 https://www.malaymail.com/news/what-you-think/2024/02/16/biodiversity-loss-and-climate-change-mpogcfs-view-and-planning-in-2024-ahmad-shahdan-kassim/118377 Malay Mail

FEBRUARY 16 ― 2024 will be a more challenging year for biodiversity conservation efforts around the world. Global climate change is one of the main issues faced by every human on this planet. Uncertain weather conditions caused by the instability of the monsoon cycle as well as sudden weather changes and global warming will affect many living beings including the flora and fauna that inhabit this planet.

Besides that, the issue of threat of extinction is also a major challenge faced by scientists in preserving wildlife whether on land or in the ocean. More and more wildlife species are threatened with extinction and many more are also involved in human-wildlife conflict, which can also indirectly lead to the extinction of the species.

Although these issues are often associated with the palm oil industry including in Malaysia, many initiatives have been taken to minimise the industry's impact on climate change and biodiversity loss. The Malaysian Palm Oil Green Conservation Foundation (MPOGCF), which was established to represent the Malaysian palm oil industry, aims to minimise these negative impacts and making the palm oil industry in Malaysia more sustainable.

In order to strengthen MPOGCF's conservation and sustainability work in 2024, MPOGCF plans to go further in introducing and publicising MPOGCF's efforts at the global level. MPOGCF will participate in more seminars and exhibitions at the global level that will be organised by international conservation bodies.

MPOGCF initiates and supports sustainable practices within the Malaysian palm oil industry.
MPOGCF initiates and supports sustainable practices within the Malaysian palm oil industry.

The seminar that MPOGCF will participate in is the ECCB Seminar 2024: Biodiversity Positive by 2030. The ECCB or European Congress of Conservation Biology will organise its 7th congress which will take place in Bologna, Italy from June 17, until June 21, 2024. ECCB is a series of professional meetings organised by the Europe Section of the Society for Conservation Biology (SCB). ECCB aims to facilitate the exchange of conservation science and nature conservation practice and policy to promote the conservation of biological diversity in Europe. At this ECCB, MPOGCF will present two posters to explain the conservation and sustainability efforts being carried out by MPOGCF in Malaysia.

Apart from ECCB, MPOGCF will also participate in Pathway Europe 2024: Human Dimensions of Wildlife Conference; “Revisiting What Is Wild for Coexisting”. Themed on the concept of coexistence, this seminar will expose MPOGCF’s staff involved, with knowledge related to coexistence. Coexistence is currently one of the best solutions to mitigate human-wildlife conflict issues among oil palm growers in Malaysia. MPOGCF is currently carrying out campaign called “The Other Malaysian: Living Together in Harmony” which its ultimate goal is to encourage coexistence between the plantations and wildlife that live in their landscapes.

In addition, MPOGCF will also hold more engagements with the palm oil industry in Malaysia, including smallholders. This engagement will be used to get input from oil palm growers about challenges that they are facing, as well as the help and support they need to achieve sustainability and biodiversity-friendly objectives in addition to meeting the newly launched ESG requirements.

In 2024, MPOGCF will also organise the Biodiversity Forum 2024. This Biodiversity Forum 2024 is an extension of the Biodiversity Forum that was organised in 2016. This Biodiversity Forum 2024 will be a platform to gather biodiversity conservation experts from Malaysia and around the world to share the latest information related to the conservation of biodiversity carried out at the global level. This forum will also target all players in the country's oil palm industry for them to obtain the latest information and knowledge related to biodiversity conservation.

Researchers from UKM prepared a trap for biodiversity research on palm oil plantations in Johore recently.
Researchers from UKM prepared a trap for biodiversity research on palm oil plantations in Johore recently.

The programmes that have been planned by MPOGCF to be implemented throughout 2024 will make MPOGCF stands out and be better known both among friends and foes from inside and outside the country as a serious body in carrying out and supporting biodiversity conservation efforts in addition to slowing down or minimizing the impact of industry on global level climate change. MPOGCF also hopes that the programs that have been planned will get a good response from the oil palm industry so that more conservation and sustainability projects can be executed together.

In conclusion, the programmes planned by MPOGCF are aimed at enhancing, empowering and supporting biodiversity conservation efforts and slowing down the effects of climate change. These programmes are also expected to help conservation and sustainability initiatives by the Malaysian oil palm industry to improve the image of the Malaysian oil palm industry as a sustainable industry in the world.

* The writer is Conservation Manager of MPOGCF.

** This is the personal opinion of the writers or publication and does not necessarily represent the views of Malay Mail.

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Fri, 16 Feb 2024 16:42:08 +0800 Malaysian Palm Oil Green Conservation Foundation,Malaysian palm oil