Republic of virtue, 5/08

Sedition Act ... or Sedation Act?

Posted by admin

Monday, 19 May 2008 13:39

When are we going to have national integration when we design educational institution that deliberately disintegrates society and discriminate each other. What hypocrites we are. This is our philosophy of education inspired by the keris. Dr. Azly Rahman http://azlyrahman-illuminations.blogspot.com/ Our current interest in talking about sedition is exciting. I think Malaysians, especially avant-garde Bangsar Malaysians, are discussing the difference between 'sedition', 'sedation', 'seduction' and 'sadistic-nation'. But the word 'sedition' is making me confused. Is it 'sedition' or 'sedation'? One is legal, one is medical. One connotes 'talking bad about others and about systems', the other connotes '"putting others to sleep' using medication. Although I am not a lawyer I have a deep interest in the philosophical, cultural, and class basis of law. My interest (among other fields) lies in philosophy and its possibilities for the creation of a republic of virtue wherever we are: in Raja Petra's Malaysia, in Mugabe's Zimbabwe, or in the late Altantuya's Mongolia. My interest is in how words get used or abused and how they perform action in society and how they even transform 'social relations of production' and 'inscribe ideology and institutions' onto the landscape of humanity. In fact this is the theme I explored in a doctoral dissertation at Columbia University New York. I wanted to find out the genealogy, the archeology, the complexity, the historical-materiality, and the post-structurality of language. I studied the relationship between cybernetics and social-philosophy of change, as these impact "cybernating" nations. I wanted to explore the dimensions of words and concepts, who defines what is defined and how words get to be defined. I also wanted to investigate how words can be oppressive and how those in power use words to mesmerise people, to make a living, or even to lie in political campaigns. I have been fascinated by words since I was a child. I have often felt overwhelmed with joy interacting with words and their power. From word becomes flesh. Travelling on a bus from Johor Bahru to Singapore, on a train from Johor Bahru to Bukit Mertajam, on a barge from Johor Bahru to Kuantan, or in a taxi around Kuala Lumpur, I would notice and contemplate upon names of roads, road signs and billboards - and wonder what those words mean. My mind would be in a dissonance, constructing images. In my kampong in Majidee, I was fascinated by the names of roads such as Jalan Rahmat, Shukur, Nikmat, Aman, Sentosa, Damai, Bahagia, Kurnia, Pendita, and Merdeka. These are words that are peaceful I interact with on a daily basis. These words resound in me. Like the Canadian philosopher Charles Taylor would say, these words form the "language of personal resonance" in me. Johor Bahru the place I grew up in introduced me to names such as Tun Dr. Ismail and Ungku Aziz. These are good Johoreans with good ideas on human development. I grew up fascinated by the story of the late Abdul Razak Ahmad, the Parti Sosialis lawyer who protested by laying on the railway tracks. I heard the name of Hishamuddin Rais and the Tasik Utara demonstration. Now I am sharing a space with him in Malaysia-Today, what an honor!. These are good people with clear conscience. Johor Bahru was an interesting place to grow up in. One can "cross-over" to Singapore and watch Malaysian-banned Godfather movies. One can feel like walking in New York city strolling down Orchard Road talking about John Travolta and Saturday Night Fever. Crossing overs were a fun thing to do those days. To cross-over to Singapore you have to first have a haircut. National Service recruits will have no problem crossing over to watch those Godfather movies. "Crossing over" used to be a fun word. I would say to my friends: "Hei Mamat... gua nak cross-over causeway Johor lah babe... lu nak join tak...Gua nak jam dekat Orchard , lepak lepak tengok Saturday Night Fever... amacam?... lepas tu gua nak sambar tape Ramli Sarip lepas tu... Achmad Albar's GodBless... lu tak cukup sen gua sponsor, lu mau ka? What a string of slang words! You see, Johoreans are pretty "multicultural" in their use of "cross-over" slangs. I wonder if Johor politicians will also do their cross-over. I wonder if they will do this if they know the political-economic nature of the Iskandar Development Region -- who owns what and how this is hidden from the public. Nowadays "cross-over" is a dangerous word. You may also be charged for "sedition" if you overuse it or be charged for high treason by party leaders even if you need to cross over for ethical reasons. I hope those crossing over to change paradigms and after achieving enlightenment will not ask for a single sen in their pursuit for political truth. That cross-over culture will breed corruption all over. I am sure there will be anti-hopping laws passed on of these days, before it is too late. Our world these days is no longer peaceful. Our politics have become violent -- too violent by any means necessary. The most hideous crime we read these days is of course the murder of Altantuya. That was a Saturday Night High Fever; a deadly disco party onboard a Bahtera Merdeka. Not since the days of Mona Fandey had Malaysians heard such a hideous crime committed. Yes I am still fascinated by language. Even now, travelling from New York to Boston or Philadelphia, my mind interprets names of townships and figures out their origin - Spanish, German, Dutch, French, British, Lenape, Iroqui, Cherokee, Sioux, or any of the early Indian tribes. A good way to teach children about words is to get them to notice signboards and let their imagination run wild. I love to also be bathed in the neon signs of Times Square and next to analyze what has become of this city and this world; the financial capital of the world that is a powerhouse of cut-throat corporate conspicuous consumption crony capitalism. This is a city that was a haven of pirates, bootleggers, prostitutes, pimps, and politicians in the 1700s. The movie Gangs of New York illustrate this point. New York city is a semiotic world par excellence. "I love to watch the velocity of money as it races down Wall Street..." as the beat poet Allen Ginsberg once said about the financial district of New York. 'Just sign it' When I lived in northern Malaysia, teaching Thinking Skills and Ethics in Malaysia's self-proclaimed foremost management university, I still had a child-like mind in thinking about words. One word that fascinated me is of course Akujanji, which has become public enemy word No.1 for students and lecturers, but a good friend of many a vice-chancellor and their political masters. In the word, Akujanji contains the legal and political implication of turning students and lecturers into automatons by silencing and sedating them into supporting any leader however corrupt and abusive he may be. While the political masters can break rules and fall like Humpty Dumpty, the academicians or the "managers of virtue" will need to kowtow to these Humpty Dumpties. This unfairness of life must be resolved. A good radical mental revolution will do the job. I now wonder if the word is going to be expunged from our consciousness should there be a regime change in the next general election. Akujanji is an allergic word that we need to detoxify. A word that is not only a sedative but also seditive if you choose to question its practical use. You will lose your job if you choose not to kowtow to those who impose the word on you. 'Sign it... sign it... just sign it....all of us had to sign it… even if the last two clauses of the Surat Akujanji are questionable... you are not allowed to ask any questions or you will be dismissed…,' as many a Registrar of a university would say. 'Just sign it... as we actually do not have an explanation on how one's Constitutional Rights will still be protected...,' as many a vice-chancellor would agree. 'If you don't like what we are doing, leave or don't come home. We are a university, like many others, that will always support the government and promote the ideology of Ketuanan Melayu (even if we are 'educating Malaysians of all races') and we will silence anyone who is working against our idea of what a university is.' We will promote only those who will champion the agenda "ketuanan Melayu" and we will make sure that this or that university will always be "universiti untuk ketuanan Melayu". We will make sure that instruments of mental domination will be used whether in the most direct way, or in the most subtlest of all ways. Ah... what a misconception of what "education" means. Ah... what a bankrupt understanding of what the Malays actually are. When are we going to have national integration when we design educational institution that deliberately disintegrates society and discriminate each other. What hypocrites we are. This is our philosophy of education inspired by the keris. I now wonder what an academician's definition of a "cross-over" is. Will it be ideological, theoretical, or simply political? Will academicians who wish to exercise their radicalism and nurture their passion for "crossing borders" and "deconstructing totalitarianism" be "crossing over" as well? How many students will these Noam Chomsky and Edward Said -type of Malaysian educators bring along in their "cross-overing" adventures? In the language of corporate management, they call "cross-overing" "thinking outside the box", "lateral thinking", and "using the blue ocean strategy" to thrive in chaos. These are cliches and slogans we live by. I believe a good academician is a subversive educator-- one who questions all forms of authority so that frontier thinking can be arrived at. I believe he/she should be a social and intellectual agitator making the mind of society restless, so that society will question its leaders, challenge them, challenge assumptions, and even replace them whenever necessary. In this way society will rejuvenate and become more intelligent that its elected representative. What we are seeing now in parliament is an evolvingly-intelligent parliament. We are not yet there. We still see precious problem-solving time wasted by those conduct-unbecoming of our elected representatives. I believe a good academician must challenge all forms of oppression and domination and, like many a philosopher such as the French Noble Prize winner Jean Paul Sartre, to help society understand how money. machinery, media, and the mind is being controlled through an "Official" definition and packaging of State propaganda. A good academician pays allegiance not to any political party but to the tentativeness of truth an the dialectical-materialism of our world. Philosophy, the mother of knowledge governs the realism of politics. A good academician is driven by philosophical passion, not herded obediently by political masters. Back to "sedition", "sedation" and our "sadistic act". Defining 'sedition' Some definition can help us in understanding this national issue concerning the Sedition Act. I have used the Compact Oxford English Dictionary to help me locate the definitions: Sedition (hasutan in Malay): • noun conduct or speech inciting rebellion against the authority of a state or monarch - Derivatives: seditious adjective seditiously adverb - Origin Latin, from sed- 'apart' + itio 'going' Sedation (dibiuskan in Malay) Notice that 'sedation' does not have a good Malay equivalent. I am using the word bius as a Johor pasar word that is familiar to kampong folk. We borrowed the act of sedating, using the Sedition Act, from the British colonials. It is also a borrowed concept from the English language from the medical profession. • noun: the administering of a sedative drug to produce a state of calm or sleep - Origin Latin, from sedare 'settle' From an entry by the Human Rights Watch: The Sedition Act, originally enacted by British colonial authorities, limits free expression by broadly criminalising any speech that is judged to have a "seditious tendency," including speech which tends to "bring into hatred or contempt or to excite disaffection against" the government, promote "feelings of ill-will and hostility between different races," or question constitutional preferences in business, education, and government employment opportunities given to Malays and natives of Sabah and Sarawak. The speaker's intent and the statements' veracity are irrelevant. A violation of the act is punishable by up to three years in prison, a RM 5,000 fine or both. … From an entry in Wikipedia: Section 4 of the Sedition Act specifies that anyone who "does or attempts to do, or makes any preparation to do, or conspires with any person to do" an act with seditious tendency, such as uttering seditious words, or printing, publishing or importing seditious literature, is guilty of sedition. It is also a crime to possess a seditious publication without a "lawful excuse". The Act defines sedition itself as anything which "when applied or used in respect of any act, speech, words, publication or other thing qualifies the act, speech, words, publication or other thing as having a seditious tendency". Under section 3(1), those acts defined as having a seditious tendency are acts with a tendency: a) to bring into hatred or contempt or to excite disaffection against any Ruler or against any government; (b) to excite the subjects of the Ruler or the inhabitants of any territory governed by any government to attempt to procure in the territory of the Ruler or governed by the government, the alteration, otherwise than by lawful means, of any matter as by law established; (c) to bring into hatred or contempt or to excite disaffection against the administration of justice in Malaysia or in any State; (d) to raise discontent or disaffection amongst the subjects of the Yang di-Pertuan Agong or of the Ruler of any State or amongst the inhabitants of Malaysia or of any State; (e) to promote feelings of ill-will and hostility between different races or classes of the population of Malaysia; or (f) to question any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of part III of the Federal constitution or Article 152, 153 or 181 of the Federal Constitution. Section 3(2) provides certain exceptions, providing examples of speech which cannot be deemed seditious. It is not seditious to "show that any Ruler has been misled or mistaken in any of his measures", nor is it seditious "to point out errors or defects in the government or constitution as by law established". It is also not seditious "to attempt to procure by lawful means the alteration of any matter in the territory of such government as by law established" or "to point out, with a view to their removal, any matters producing or having a tendency to produce feelings of ill-will and enmity between different races or classes of the population of the Federation". However, the act explicitly states that any matter covered by subsection (1)(f), namely those matters pertaining to the Malaysian social contract, cannot have these exceptions applied to it. Questioning the Act We can see that the Act can be used as a sedative to put to rest those who speak up against the social contract as defined by the government in power. We have a problem here. As Malaysia progresses and as we are confronted with new realities of multi-culturalism, faced with emerging needs that concern the redistribution of wealth, and blessed with a more educated and thinking citizenry, how do we now define 'sedition'? Would championing the rights of all Malaysians instead of the special rights of the keris-wielding few be considered seditive? Would initiating a serious dialogue to question and enrich this "fantasy" (as Royal Professor Ungku Aziz said) called Malaysian social contract be considered a 'sedative act'? We are confused. As an intelligent nation that has built the world's third-tallest building and sent a space tourist to run experiments in zero gravity, we need to have zero tolerance for refusing to discuss 'sensitive issues'. We must discuss sensitive issues. By sedating those engaging in discussions 'sedative' in nature, we are only engaging in sadistic acts. That is not what we want to be known as a people. We must open our minds in facing history and engaging in difficult and painful dialogue. We cannot let the ignorance of a government dictate our urge to question and hence deny our rights to be more intelligent. We cannot allow university administrators to continue to breed a culture of unquestioning and unthinking in the name of this or that Act, particularly the Universities and University Colleges Act of 1971. We must act on the definitions. We are fast becoming a sadistic nation. Let us do our linguistic "cross-overs" before this Bahtera Merdeka sinks entirely. Language defines Reality. In language too lies power/knowledge. Comments (19) ... written by malsia1206, May 19, 2008 13:45:48 Sedition is the name. Sedation is the purpose. Long sedation to ensure the patient recovers only after his strong heart and intellectual brain are removed during surgery. report abuse disagree 0 agree 11 ... written by ttsan, May 19, 2008 13:56:41 Let have a Malaysia for all. report abuse disagree 1 agree 11 ... written by freedom lover, May 19, 2008 14:05:34 Dr Azly Rahman..A true leader will not clamour for recognition! At least in Singapore, we do not have a single road, street, building, complex or any concrete, metallic or wooden structure named after Mr. Lee Kuan Yew! A true leader must be compassionate, honest, dignified, commands peoples respect, do not engage in populist policies and recognized for his contributions towards nation building! History will remember him for what he is! Unfortunately he was made to look evil in societies ruled by evils! For if they do not condemn him their weakness will be exposed! report abuse disagree 3 agree 10 ... written by alarcarte, May 19, 2008 14:07:29 You did not mention SEDUCTION, Yes, the UMNO big guns are seducted to Power and Greed..... report abuse disagree 0 agree 9 ... written by cwy, May 19, 2008 15:28:51 Language is a tool for communication. The choice of a language reflects the persona of the user. Our government chooses to use languagues that threaten with sedition ( the thinkers ) and feed with sedation ( the parasites ) for its selfish agenda. report abuse disagree 0 agree 1 ... written by teo siew chin, May 19, 2008 15:38:11 Dear Doc - you really have issues over the Surat Akujanji lah! Ever considered it to be merely a jumble of words? And as in all combination of words, it is also subjected to interpretation. We have literal translation, purposive translation, subjective/objective translation... so on so forth. If the purpose of a sedition charge is to sedate, there is every which way to interprete the act to be so, sadisticly even! There is no denying the power of language - perhaps the reason for constantly changing from one language to the other in this nation? report abuse disagree 0 agree 1 ... written by Mangan, May 19, 2008 15:55:56 Freedom Lover, Yeah, I agree with you. Here in the country, we have tons and tons of TAR’s names. There’s also a joke widely spread online – a public toilet named after that guy! Can you imagine that?! L.O.L.!!! report abuse disagree 0 agree 1 ... written by Mangan, May 19, 2008 16:04:33 Freedom Lover, Yeah, I agree with you. Here in the country, we have tons and tons of TAR’s names. There’s also a joke widely spread online – a public toilet named after that guy! report abuse disagree 0 agree 0 ... written by Ken Liew, May 19, 2008 16:52:27 = =|| How could someone dont accept complain, but yet to complain on others.? OR I can say what ever i like, even talk bad things on others, But for you to say bad things on me, is against the law!! Yes, we must take the responsability to what we have talk/promise. RPK did not deny on what evey topic he has post. But for our No1 in Malayisa, where are the promises to fight corruption, transparency, and much-much more?? Is No1 a promise maker, r a PRO-MISS maker?? weak leader=weak team=weak nation. Althought the public are strong, but with one drop of ink, destroy a galss of milk. "ink=weak leader" report abuse disagree 0 agree 1 ... written by Eskay Lim, May 19, 2008 17:52:05 It is common tool the Umno masters use to "whack its citizens into line" to silence all the antagonists & whoever dare to oppose their doing so that they can continue to rape the country's wealth. report abuse disagree 0 agree 1 ... written by Thesinner, May 19, 2008 18:00:44 "Power and Greed" Why didn't you mention beauty too?? Ops I know why! report abuse disagree 0 agree 0 ... written by Eskay Lim, May 19, 2008 18:16:04 It is a very common tool used by the Umnoputras to "whack eveyrone into line" or into submission, all those who oppose the way the country is ruled, those who are perceived to be "a pain in their arse"..... So that they can continue to rape the coutry's wealth through corruption. report abuse disagree 0 agree 4 ... written by cheemengwong, May 19, 2008 20:00:06 Dear Dr... So many words on word only. I only that that the word became flesh from the bible... Where I grew up in Taman Chantek, near to the graveside...my buddies would say in hokkien" Bo nen ku" when we need help. "Bo nen ku" literally means ... no 2 words. We were small time gangsters then and very frugal on words unlike you refined and educated doctor... a gift to society as a result of raayats' money used in sending you overseas to get an education through scholarship. Paid back already kah? report abuse disagree 1 agree 1 ... written by Jeevathma, May 19, 2008 20:03:27 Dear Dr Azly Rahman. There are even broader definitions viz systematically eliminating on the basis of political. It is achieved by all possible means, from discrimination to extermination, and entails violations of human rights and international humanitarian law. The Barisan Nasional Government takes a somewhat more subtle form, albeit just as insidious viz harassment. They bash, denigrate, and marginalize majority of the Malaysian either one may be a Malay, Chinese, Indian etc. Its more a tool for political mobilization, a means for the Barisan Nasional Leaders to create and re-create their justification for holding power vis largely conceptualized as a matter of cynical politicians "mobilizing fear and greed for personal advantage, than a law with a predictable or intended outcome to instill terror on the Malaysian. report abuse disagree 0 agree 2 ... written by rajven72, May 19, 2008 21:59:02 Thanks for the lesson article Dr Azly Rahman.. report abuse disagree 0 agree 2 ... written by nowinnofee, May 19, 2008 22:36:42 Dear Dr, With regards to Ketuanan Melayu in the University or Universities, unfortunately one University which adopts the concept wholly and in totality is UITM Shah Alam. I understand that since Education is under the Federal Government, PKR cannot undertake changes to the University, even though it is situated in the soil of Selangor. Go and see for yourself the proud billboard which clearly echos about Ketuanan Melayu. What would be interesting is , when and if PR becomes the government, will PKR being the state government push for the elimination of the discrimination of this University and allow non malays into the University. All this is left to be seen. In the name of just and fairness they should. report abuse disagree 0 agree 2 ... written by zin dahari, May 20, 2008 02:55:02 Doc, Why don't we modify the Sedition Act to the Invidious Act ? report abuse disagree 0 agree 1 ... written by RitchieLow, May 21, 2008 10:19:56 The Surat Akujanji that one is forced to sign sounds so much like to the so called "admission of guilt" statements that interrogators and torturers extract from their captives to aid in whatever evil purposes they have to perpetuate their own existence. As TDM uses to say, the raison d'etre of the party. "crossing over" to me in the current context is more revolutionary than undemocratic. My on;y reservation is that dimwits, especially those book waving, name calling, disruptive rabble rousers from BN are not allowed the privilege. On education, Malaysia really needs such progressive and wise people like you, dear Dr Azly to help nurture the country back to glory if not just to stay on par with the rest of the civilized developed world. report abuse disagree 0 agree 2 ... written by Wiseone, May 29, 2008 18:58:53 My dear fellow bloggers, I know this is a long article but you must read it and give your vote... This is an old age problem and like most things this is also part of a long struggle to put the record straight ! This may not be the rigt place but anyway, here it goes.... In reference to the todays SUN article on the intention To Positon Women MPs to form a caucus to tackle Womens’ Issues – especially on the Maintenance Act – Section 95 of the LRMDA 1976 – requiring husbands to pay maintenance for children until age 18 (current practice), The SUN PAGE 8 - NEWS WITHOUT BORDERS 29th May’2008 refers. This is extremely regrettable to note that only Women MPs are involved in the caucus, what about the Male counterparts - why exclude Men from Family & Community? Letz not forget, we the people did not vote opposition into office to endorse predecessors mistakes ! Please DO NOT look at issues in isolation rather look at it in wholesome ! Common, face it. Talk to those who are enduring the current system ! This is no longer a gender issue.. it takes two to clap.. Furthermore our whole system from the Marriage Tribunal to our Family Court - various Sections in the Law Reform Marriage & Divorce Act 1976 and Child Protection Act 2001 needs amendment to conform with changes in today’s society. With the increasing Divorce rates and with only one “Family” court (in Kuala Lumpur) to handle many cases, can you imagine the trauma facing the children brought to court for a hearing at the behest of an affidavit, even to vary a custody order, amongst hardened criminals appearing in the same court and in public gallery? To make matters worse, divorce & custody battles in court take years (12 years is usual). With changes in the presiding Judges and numerous backlog of cases – do you think the Judge will be able to “judge” wisely. Yes, we agree maintenance is an issue but lets not oversimplify it – it is very complex and deep-rooted. Please refer to the 25th May NST Page 16 and Star Page N6 and the Blog sites of The BAR Council and PEMALIK (WWW.PEMALIK.ORG) regarding the Forum on “Psychological Issues facing Children of Parents facing Divorce/Custody Battles” where most political parties in the vicinity were invited. This forum discussed not only psychological issues but also from the legal perspective in the current system of “Family” court. What we want is not merely to discuss the issue – it is to bring these problems to the fore and to create awareness of what is at stake and that SOMETHING can be done to alleviate the frustrations and misery of affected parents and children. We intend to create a platform for change i.e. do away with the antiquated laws that are not practical – resulting in prolonging the cases unduly with multi-affidavits, with PARENTAL ALIENATION taking place to WIN the battle, financial loss and resultant traumatic effects on the children. Statistics reveal 80% of Juvenile Delinquents and Prisoners come from broken homes in Malaysia, a situation similar to rest of the developed world. PEMALIK is a result oriented group – we intend to lobby our MPs to propose “An Early Intervention Project” – where couples intending divorce are guided & advised on issues such as custody, maintenance, education, upbringing and finance by a panel of experts comprising psychiatrists, psychologist, child welfare councilors. Here a “recommendation” will be then forwarded to the Judge for decision- making. The key to this project will be based on “Joint Responsibility” and not Custody (Custody is outdated and it empowers one parent over the other). When adopted, it will save a lot of legal fees, time and preserve the Family Unit – children need both their father and mothers. Family issues not only affect the single mother, it affects the single fathers and most importantly their children and SOCIETY at large ! Letz be PRO-ACTIVE ! P/S: Today we have a Divorcee sitting as Family Court Judge in Kuala Lumpur. Imagine the future of the child and a parent will be in the hands of this person who has no choice but to execute it according to her/his whims and fancies.. Why do we allow it to happen ? Will you like your children/yourself removed by a third person for an act which is not your fault ! Believe me, a death sentence is easier to bear, What more child birth ! report abuse disagree 0 agree 4 Write comment This content has been locked. You can no longer post any comment. You must be logged in to a comment. Please register if you do not have an account yet.

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