Umno/BN has lost the moral right to govern the nation

FMT LETTER: From Gerard Lourdesamy, via e-mail

The recent events at the Bersih 3.0 protest have confirmed the view of many Malaysians that the Umno/BN government has lost the moral right to continue to govern this country and is not fit to govern the country beyond the 13th General Election.

After 55 years of near total authoritarian rule with the systemic destruction, if not corruption and abuse of virtually every institution and organ of state, Umno/BN is incapable of genuine reform or change because of the overwhelming existence of vested interests within the party and the government.

Umno/BN today is all about staying in power purportedly with the aim to protect and serve Malay interest in particular and the legitimate interests of the other races. It has long advocated a policy of well modulated discontent among the races. In the process, our political, economic and social development has become stunted since the 1970s with the introduction of the New Economic Policy (NEP). We have regressed compared to South Korea, Taiwan, Hong Kong and Singapore.

The government’s reaction to Bersih 3.0 was predictable and it clearly shows the abject failure or deceit of Prime Minister Najib Tun Razak’s so-called political transformation programme. A transformation cannot occur if the government still wants to control and direct what we say and what we do through overt and covert means.

It cannot happen if institutions like the police, the civil service, the Election Commission (EC), the Malaysian Anti-Corruption Commission (MACC) and the judiciary are perceived to be biased and corrupt. For a transformation to occur, the people in these institutions must change their mindset of being subservient to the dictates of the ruling elite; demonstrate integrity and professionalism; and act independently and impartially even in the face of criticism, demands and improper pressure from the government and influential persons connected to the establishment.

Sadly, this culture of accountability and transparency is missing in our institutions since most are incapable of distinguishing between the government and the ruling party. Corruption and abuses has become a way of life and seen to be justified even in the face of strict Islamic prohibitions simply because the leadership practices it any way and it is seen as a means to uplift one’s financial status and well being in order to compete with the Chinese who are perceived to be economically dominant.

Inability to compete on a level playing field

Corruption in Malaysia today guarantees upward mobility and entry into elite circles rather than achievement, individual effort and hard work. Umno/BN practices this as an art form. It is evident and clear to all that our ministers and their families clearly live beyond their means and yet this is permitted and accepted as a manifestation of the entitlement to privilege which is supposedly part and parcel of leadership and of the need to display Malay social success in the face of the economically advanced Chinese.

Again it goes to an ingrained sense of inferiority and inability to compete on a level playing field. And to compound matters further cronies of the ruling elite who do not have the ability or capability to deliver are often rewarded for their loyalty to Umno/BN through mega-projects, special licenses, share allotments, favourable loans and credits and numerous bail-outs at the expense of the taxpayer and to the detriment of the economy and its competitiveness. The beneficiaries are not the ordinary poor Malays in the kampongs and villages but the elite clothed in a life of luxury, privilege and extravagance.

But sadly, through the total control of the mainstream media, the majority of Malays and less educated and exposed segments of the population continue to believe and support Umno/BN as the natural party of government and as the defender of the Malay race, the Malay Rulers and of Islam. What they fail to see is the abuses and corruption that is openly and defiantly practiced in their name and the enormous benefits that accrue to the ruling elite, their families and cronies.

The events at the Bersih 3.0 rally have clearly established the total failure and negation of democracy in this country. We have since at least 1964 been practising a truncated form of democracy with scant regard for constitutional freedoms and the rule of law. This became worse after the May 13, 1969 communal riots and was systematically eroded further under the authoritarian rule of Prime Minister Mahathir Mohamad.

It was this so-called leader who singularly undermined and weakened the key institutions under our constitutional system of government notably the Malay Rulers, the judiciary and the civil service. The print and broadcasting media become totally subservient to the interests of the ruling party as opposed to being impartial and professional.

This subjugation and corruption of the democratic process extended to the EC and the police who were roped in to suppress dissent and subvert opposition to the government through the use of the draconian Internal Security Act (ISA) and the plethora of Emergency laws.

The widely acknowledged ‘Project M’ in Sabah to depose the democratically elected Parti Bersatu Sabah (PBS) government in 1994 through the granting of citizenship and voting rights to illegal immigrants in the state and through the bribery and intimidation of elected PBS assemblymen was the brainchild of Umno/BN to ensure Umno hegemony over the state to the exclusion of the Kadazan-Dusun majority.

What if EC chief and deputy are from PAS, PKR or the DAP?

A similar game plan was affected in Perak in 2009, this time with the tacit support of the palace despite a clear preference of the Perak voters for the Opposition pact in the state. Therefore, Umno/BN is no respecter of democracy and the rule of law.

The recent revelation that the chairman and deputy chairman of the EC were or are members of Umno only confirms the long held view that the majority of senior civil servants become members of Umno or are forced to do so in order to get promotions and lucrative appointments post-retirement in government linked companies (GLCs), corporate and public bodies.

The EC just like the judiciary is expected to be politically neutral, objective, impartial and full of integrity so that it can instil public confidence in the system. But to have members who belong or have belonged to the ruling party only destroys public trust and confidence in these institutions. It is like going to Court and finding out that the judge has decided to join the other side.

Is that fair? Instead of resigning the chairman and deputy chairman of the EC are defending the indefensible. The real test of bias is not actual bias but a perception of bias. But for people like the despotic Mahathir Mohamad, this is acceptable so long as the government can control these institutions. Would Umno/BN be happy if the EC chairman and deputy chairman were members of PAS, PKR or the DAP?

For Umno it is always about power and staying in control. Umno firmly believes that this country is its personal fiefdom to do as it deems fit. Malaysia, in Umno’s perception cannot function without it and that the country and party are one and the same. Umno to them is Malay and Malay means being Umno.

These attitudes are further reinforced by the subservient nature of the Malay Rulers towards Umno as their natural defenders and not the Malay race or the population in general even after Umno denigrated and abused them both in public and private during the 1983 and 1992 constitutional crisis.

For the royal houses their powers, status, privileges and wealth is dependent on the generosity and largesse of Umno. This is hardly, consonant with the high office that they occupy, and the dignified role that they are supposed to play under our system of constitutional monarchy.

Given the nature of our democracy as defined by Umno/BN, it is not surprising that no public displays of protest can be countenanced by the ruling elite unless it is in support of the regime. The police can be counted on at all times by the government to preserve public order and security because this is defined as protecting the interests of the ruling party in government.

Merdeka Square is not sacrosanct

It is not about law and order but all about political expediency and instilling fear. Despotic regimes thrive on fear, intimidation and control and that is how Umno has survived since 1969. At Bersih 3.0 the police reacted with such violence and brutality in scenes not seen since the rise of fascist regimes in Germany and Italy in the late 1930s and in the Communist regimes of the Cold War post 1945, simply because the protestors were brave enough to challenge the authority and power of the government.

The Merdeka Square is not sacrosanct in any sense of the word. It is not the royal palace or the houses of parliament; it is not a place of worship; it is not a law court; and it is not a hospital or a school. Why shouldn’t the people be allowed to protest at or even occupy this square if they see it fit to do so? The Constitution does not limit the right to assemble peacefully without arms only to stadiums and such other places as designated by the government.

The limits placed on this right in the interests of public order, safety, morality and economic well being must be proportionate to the exercise of this fundamental right and not to render it illusory or nugatory. The Peaceful Assembly Act 2011 does the latter. It is a piece of worthless legislation designed to deceive the people about Prime Minister Najib Tun Razak’s reform agenda.

It is still all about control and obstruction. The police obtaining an unlawful ex-parte Court order under the Criminal Procedure Code from some inexperienced Magistrate at the eleventh hour without any iota of evidence apart from presumptions and suppositions that the protest at the Merdeka Square will be a serious threat to peace, order and security, speaks volumes of the government’s sincerity about giving the people greater freedom.

It also proves that despite the repeal of archaic laws and the Emergency proclamations and ordinances, including the much despised ISA, the executive and the police have a plethora of other laws to obstruct and control the exercise of democratic rights in this country. This only proves the piecemeal and harried nature of Najib’s reforms simply to meet the deadline of the 13th General Election.

While none of us would condone or support violence towards the police and destruction of property, the reasons for this must be investigated by an independent and impartial body like a Royal Commission of Inquiry (RCI). It is pointless asking the Attorney General or police to investigate as neither body commands any respect or public confidence and the police who are accusing the protestors of violence cannot possibly conduct any impartial or objective investigation into the incident.

But the fact remains that the protestors were unarmed and largely peaceful until the end of the rally. Even if certain Opposition leaders instigated a segment of the protestors to breach the barricade, does that one act alone justify the police in reacting in such a brutal and violent manner to apprehend the protestors including those who were not involved in breaching the barricade and who happened to be leaving the area?

The police prima facie showed total lack of discipline and professionalism in handling the crowd especially when they breached the barricade. From the previous Bersih rallies in 2007 and 2011 and the Hindraf demonstration in 2007, it is obvious that the police think that they can be aggressive, violent, brutal and inhumane with the utmost impunity because they are beyond the law and beyond reproach. Who do the people go to if they want to complain against the police?

We are still an authoritarian state

Umno/BN refuses to have the Independent Police Complaints and Misconduct Commission (IPCMC) to oversee the police simply because the police was and is the government’s first line of defence even against its own people and the government wants to protect the police from widespread allegations of corruption, abuse and incompetence. The media on the other hand is totally controlled to the point that there is no journalistic integrity and standards whatsoever and the public have lost all trust in the mainstream media.

The fact that the Home Minister still wields such wide powers over the media despite amendments to the Printing Presses and Publications Act 1984 proves that we are still an authoritarian state where the government determines what we can read, watch, hear and see. The media reforms will only be meaningful if the government stops licensing and regulating the media. Any interested party should be allowed to print, publish and broadcast so long as they do not advocate or instil racial or religious hatred.

Public protests on the streets should be allowed provided they are policed well. Last summer while in Europe I witnessed four street protests in Riga, Prague, Budapest and Vienna, the police facilitated the protests by guiding the marches through designated routes and controlled the traffic. Shops and business were still open and functioned as normal.

Only in Malaysia, our police are incapable of conducting and controlling street protests simply because the police instigate the violence most of the time so that the mainstream media can get stories and pictures of “violence and disorder on the streets” with the aim to influence and intimidate the viewers and readers who are voters to support Umno/BN as the party of law and order since the government abhors any display of public dissent and protest in this country.

This message tends to resonate with the rural Malay voters who still think that RTM, TV3, Utusan Malaysia and Berita Harian peddle the absolute truth. So is Umno/BN no different from any other communist or fascist regime in the world? The answer is a clear yes.

The idiocy of the political elite is beyond belief especially the statements coming from ministers and NGOs supportive of the government regarding the Bersih 3.0 rally. They are behaving as if the world as we know it has come to an end, meaning their world of systemic corruption, abuse, extravagance and privilege in the tranquil safety and security provided by the police.

But nothing beats the “Communist bogeyman” being resurrected from the dead by the former Inspector-General of Police (IGP) Haniff Omar, that scion of the elite who sits on numerous boards of public listed companies, who is a well known voice of Umno/BN.

The stupidity of his statement is astounding. It would suggest that Chin Peng was hiding amongst the crowd and that the majority of the protestors were in their sixties who returned from China, Thailand or the Malayan jungles to infiltrate the protest. Why not resurrect remote figures in history such as Hitler or Mussolini and argue that they masterminded Bersih 3.0 from beyond the grave?

The writing is on the wall for Umno/BN. Street protests brought down regimes in many countries in the past from Russia to Libya recently. Even in neighbouring Indonesia and the Philippines. While we may not be like them in many respects, but the underlying reasons were injustice, corruption, abuses of power and elitism. These are common to Malaysia as well.

A disguised democracy is still a failed democracy. Our people are mature beyond the wildest imagination or expectation of Umno/BN and democracy is not an exercise in maturity or rationality. It is about freedom, justice and fairness. Let us be inspired by the events of the French Revolution because if not for the storming of the barricades around the Bastille, the world would not have heard about liberty, equality and fraternity.

The writer is lawyer by profession