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Report on fuel hike protest and arrests
Malaysian Socialist Party (PSM) - January 31, 2008
Dear Comrades,
Firstly on behalf of the Parti Sosialis Malaysia (PSM) and members of the Movement of the Oppressed people (JERIT), I would like to thank all of you for your support, solidarity and urgent appeals which I believe did help in securing our early release and reduce intimidation of comrades inside detention.
The support has been tremendous. There were continues protest outside the detention centres, we had many volunteer lawyers and we put out an appeal for financial support to pay for the bail money, we got an extraordinary response and pledges amounting to RM 60,000.
The last batch of us including myself, Dr. Nasir Hashim (Chairperson), M. Saraswathy (Deputy Chairperson) and 35 others were taken from the Pudu Jail and charged at the KL Sessions Court and later released on court bail at 6pm on Monday (28 January 2008). We were released on a RM 1,000 bail each and a condition was imposed on each of us that we will not participate in future assemblies and if we breach, then our bail will be revoked and we have to be put back in detention. This is the first time that such a condition has been set in the Malaysian courts and they have actually presumed those detained guilty even before our case is heard. We intend to challenge these conditions in the higher courts.
Immediately upon my release, in my public address to the media, I have said that we will continue to hold assemblies and will not follow any conditions, which restrict our liberties. This message was received by tremendous applause and slogans from the supporters. PSM has also released a public statement affirming this position.
Just to give some analysis on what is happening here, let me present this brief overview covering three areas:
In November 10th and 25th. last year, there were two huge rallies – both drawing tens of thousands of people to the streets. The Malaysian government tried all out to stop these assemblies. Among the actions by the State was putting warnings in the TV and radio, asking people not to attend, nationwide roadblocks to scare and intimidate the people and many other measures. But it didn't prevent the people from coming to these assemblies.
Huge rallies happen following the cycle of economic hardship. It creates objective conditions; it creates huge discontent, which is normally followed by crackdowns and the use of the ISA (Internal Security Act) to detain people without trial. This pattern is quite obvious. The last financial crisis resulted in a political crisis between Mahathir and Anwar, followed by Reformasi and the crackdown after that. In Indonesia, the reformasi movement managed to overthrow Suharto but not the system.
Currently we are facing such situation as inflation has rocketed up, price of essential controlled items have gone up and the income disparity between the rich and poor has widen. Malaysia has the second largest income disparity in Asia after Papua New Guinea. There has also been an increasing hardship caused by the many neo-liberal policies adopted by the Badawi Government. Public utilities like water, electricity, education and transportation have been privatised or corporatised. There is also growing concern of further assault to the Public Health System and Garbage collection.
While the Government addressed these hardship by increasing the wages of the 1 million Public sector workers as well as give them a COLA allowance. The wage increase also resulted in further inflation as traders took the opportunity to increase prices, yet the majority 9 million private sector workers were denied similar wage increase. The Ruling party failed to enact a minimum wage law in parliament but several pro-bosses laws to limit arrears and back dated wages were implemented. There was also further restriction to trade union activities.
All these issues, added with the issues of discrimination faced by the minority Malaysian Indian community also erupted and created a political crisis which the ruling party is trying to contain with.
The State got extremely worried with these huge rallies and then went on all out attack on public assemblies. They started to prosecute those who participated in rallies. Daily advertisement that assemblies lead to violence was aired. Also they created their own public opinion by using the controlled media to say that the majority of people were against public assemblies as it was not good for business and the economy of the country. They gave statistics that tourists are not coming and hotel reservation has dropped.
Between 9 to 11 December 2007, the Government went on a rampage to further prove this point. They arrested lawyers for participating in a human rights march; they started to charge those who participated in the rallies on 10th and 25th. November for illegal assemblies and some for attempted murder. 99 people were charged for rallies associated with Hindraf (Indian minority rights issues) while 34 people were charged for the BERSIH rally.
The Attorney General(AG) himself attended to these cases personally and requested that bail be not granted. On 11th. November, the Government went on to arrest another 26 people including PSM leaders where the parliament house was sealed by using a court order and many people were arrested and detained. This action to obtain an order to restrict people from protesting at the Parliament was also unprecedented.
This created an atmosphere of general fear among the public and the Government went on challenging groups to fight them in the elections but not in the streets. The Government also announced that all rallies will be banned and the draconian ISA will be used against those who organize public rallies. A Government sponsored NGO numbering around a few hundred also gave a petition to the Prime Minister asking the Government to take stern action against those organizing Public assemblies. On the 13th. Of December, the Government used the ISA against 5 Hindraf leaders with a warning that more arrest is coming.
PSM and its front organization viewed this clampdown very seriously because only when the masses go to the streets do they get radicalized. The Government want them to concentrate in elections, which the opposition cannot win anyway, due to manipulation and fraud.
In order to regain back the confidence of the people and in act of defiance, PSM and JERIT led a demonstration on the 19 December calling for rights of assemblies to be protected at the Human Rights Commission. The assemble also called for section 27 of the police act to be abolished. Under the Act, those intending to organise an assemble must obtain a police permit. We also raised the issue of the court order obtained from the Magistrate Court as unconstitutional and wanted the Human Rights Commission to rule on this. 51 organizations including all opposition parties participated in this rally. PSM thought that it is important to give leadership and create confidence especially when the State is being oppressive. Failure to keep up the public pressure up and to seize this opportunity, we would have to wait for yet another cycle.
2. The PROTES coalition
The PROTES is a coalition, which was started in 2006 to oppose the Government fuel hike then. It is mainly led by PAS (The Islamic Party) and PSM. PSM and PAS can be said as the only opposition parties which can mobilize people as both these parties have a grassroot base as well as cadre based.
PSM agreed to work with PAS on a minimum program on this issue because the issues are class based and not religious based. Both parties do have their differences, ideologically but have mutual respect on the work done with the people.
Very recently, the Government said that they have to increase the fuel price, failing which the country will go bankrupt. This argument is a farce because Malaysia is an oil-producing nation. The increase of oil prices will make the nation richer. The problem is, only PETRONAS (Malaysian National petrol Company) makes the profit while how the money is managed is kept secret and the people are told to pay more for petrol. The Government intents to increase prices very soon.
So PSM and PAS leaders called for a public protest against the proposed fuel hike. We leafleted around and circulated the news around. Our call for a protest on fuel hike hit the sensitive nerve of the ruling party which was trying hard to stop people from organizing public rallies. A few days ago, the Government also send a circular to the major newspapers asking them to play down on the issues of price hike and inflation.
Then once again, the police used the TV and the radio asking people not to attend the assemble and said that those attending will be arrested at sight. On the eve of the proposed date of the rally, the Police said that they have obtained a court order restraining 5 people and those associated with them to come near within 1 kilometres from the venue of the protest that is at KLCC – The Petronas Twin Tower. I was one of the five mentioned in the order and the police came at around 10pm on the eve of the protest to the CDC office to serve me the notice but they failed to locate me. The notices were also put up at various locations near the proposed protest site.
On the organisers side, a letter signed by myself was also send to the police informing them of the rally and asking them to respect Article 10 of the Constitution which calls for Freedom of Assemble. In response, the Police Chief in TV said that the protest is illegal and the State mobilized thousands of police to stop the peaceful rally.
We planned two points to gather – one at the LRT station where it will be led by myself while the second at the KLCC mosque, led by Dr. Hatta – The PAS National treasurer. These locations are not secret and the police surrounded both these locations. Both these groups never met, while most of the leaders were picked up at various points. They were picked up based on the cloths they wear and the badges attached to it. None was arrested for illegal assemble as the assemble did not start.
I appeared at the LRT station and within minutes, the police surrounded me and arrested me. No reason was given for my arrest. PSM Chairperson Dr. Nasir and Deputy Chairperson M.Saraswathy then took lead and led around a few hundred PSM and JERIT supporters (the biggest visible group) towards KLCC. Many people joined them along the way. Another crowd amounting around a thousand people gathered scattered around the KLCC.
The PSM group was met by a huge police team who blocked them. PSM leaders who led the rally were arrested and many members sustained injuries and arrest as they were confronting with the police force. With the arrest of most of the key leaders, the second line of leaders then retreated to avoid further arrest. Elsewhere the police were also picking up many people in random- those wearing badges and t-shirts with slogans.
The Riot Truck – FRU and the riot police continued to chase the remaining PSM and JERIT supporters outside the vicinity of the KLCC area. Many of our members were injured while scuffle broke out. Anyone being seen giving instruction or negotiating with the police was arrested.
I was the first to be arrested and was taken away in a police petrol car to the KL Police Headquarters. Soon truckloads of other activist were brought in. All together 60 people were detained. At the police headquarters, we continued to argue with the police. After two hours, I was separated from the larger crowd of detainee and put into the Pudu Jail. The rest were questioned and were brought to the jail early the following morning. Many of those arrested lodged police report for wrongful arrest and police brutality. A number of people were released but the larger crowd was detained.
Outside the police headquarters, crowd started to gather and organised a vigil. They also shouted slogans etc. Dozens of lawyers from Bar Council were prevented from meeting those who were detained. The Riot police was once again used to disperse the crowd at around midnight.
The following morning, a large number of crowd started to gather outside the Pudu jail.
The police with the Public Prosecuting Officer then applied for a two-day remand period to facilitate investigation. Our lawyers fought hard that there is no reason for detention as this is a simple case. My remand proceeding was the first and it lasted more than an hour. The Magistrate ruled that due to National security and public interest and due to the increasing number of demonstration, she has to remand us for 2 days. The Magistrate ruling is definitely a political statement and she was just delivering the ruling decided by somebody else. There is a strong lead that the Attorney General himself wanted all those remanded till Monday so that they can be charged.
The women detainees were also given a two days remand though two of them were ill upon detention. The reasons were the same with more thumped up accusation from the Police. Among their allegation is that they are investigating the Coalition which seems to be a new one etc, gathering intelligent reports etc.
The remand proceeding started around 3pm and went on till midnight. Dr. Nasir Hashim, PSM Chairperson caused a stir when he represented himself. He told off the Magistrate and staged a walkout – without even waiting for her ruling. After that, another ten detainees including key leader from PAS Dr. Hatta and Tian Chua from the Justice Party were released as they were arrested in a tea stall beyond the 1 kilometer radius.
The following morning, the male detainees walked out of their cells and refused to go back. They made lots of noise. We sang the Internationale on top of our voices and wrote the lyrics in the jail cells. Our women comrades also said that their Islamic party counterparts were very impressed with the International and joined in. We were later taken to the court and charged. There was an additional charge for me. Our case would start in June this year. Meanwhile the Judge has ruled that our bail will be revoked if we participate in another rally. That will be yet another testing ground.
Overall though the rally failed to achieve its target of 3,000 people, yet it managed to attract half the numbers under very difficult circumstances and repression. The Petronas twin tower- the symbol of Malaysian capitalism had to be protected by thousands of police force. The protest continues to show the frustration on the ground.
Elections would be called soon. PSM is convinced that only a mass mobilisation of the people can ensure the election system is reformed. Another huge rally is proposed on the 23 of February.
Till then bye and once again thanks for the support and solidarity
S. Arutchelvan
Secretary General
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