Saturday, August 26, 2006

ASEAN TRADE & INVESTMENT FRAMEWORK ARRANGEMENT (TIFA) with US Trade Representative SUSAN SCHWAB, Asean-US 2-way US$150 billion TRADE – 4th LARGEST

US trade representative Susan Schwab exchanging FIFA agreements with Malaysia Dato’ Seri Rafidah Aziz, Minister of International Trade and Industry

At the 38 Asean Economic Ministers meeting on Friday, the Asean Ministers sealed a pact FIFA with the US trade representative Susan Schwab paving the way for a full trade agreement FTA between Washington and Asean.

FIFA will also a platform to deepen trade and investment linkages between and Asean. Susan Schwab sign the arrangement after consultation with the 10th Asean economic ministers

Consultations between the ASEAN Economic Ministers and the United State Representative (AEM-USTR) ;Kuala Lumpur, 25 August 2006


The ASEAN Economic Ministers (AEM) and the United States Trade Representative met on 25 August 2006 in Kuala Lumpur, Malaysia and held productive discussions on a wide range of regional and global trade issues The consultations were co-chaired by H.E. Dato’ Seri Rafidah Aziz, Minister of International Trade and Industry of Malaysia and Ambassador Susan C. Schwab, the United States Trade Representative.

ASEAN-US Trade and Investment Framework Arrangement (TIFA)

The Ministers reaffirmed the importance attached to bringing the ASEAN region and the United States closer by signing a Trade and Investment Framework Arrangement (TIFA), which will serve as the platform for further deepening and broadening their trade and investment relations. Under the TIFA, they will establish a formal dialogue to address issues between them, to coordinate on regional and multilateral trade issues, and to undertake a Work Plan that will support regional integration and help build on the already strong trade and investment ties between them. Trade between ASEAN and the United States, grew from US$ 136 billion in 2004 to US$ 152.9 billion in 2005, an increase of 12.4 percent. Foreign direct investment also continued to rise.

The Ministers agreed that at the initial stage the Work Plan will include initiatives to support the development of the ASEAN Single Window, which will facilitate the flow of goods within ASEAN and between ASEAN and the United States. It also will include cooperation on sanitary and phytosanitary (SPS) issues to foster additional trade in specific agricultural goods as well as cooperation on pharmaceutical regulatory issues aimed at speeding the delivery of innovative medicines to ASEAN countries.

A Joint Council on Trade and Investment will be formed under the TIFA to provide direction on the implementation of the TIFA and the Work Plan. The TIFA supports the objectives laid down in the Enterprise for ASEAN Initiative (EAI) announced by U.S. President George W. Bush in October 2002 and the ASEAN-U.S. Enhanced Partnership, signed by the Foreign Ministers of ASEAN and the U.S. Secretary of State in Kuala . Lim Hng Kiang, Minister for Trade and Industry, Singapore Lumpur on 27 July 2006.




ABOVE SIGNING the TIFA: TOP LEFT, Clockwise; 1. U STrade Representative, Susan C. Schwab; 2 .Dato’ Seri Rafidah Aziz, Minister of International Trade and Industry, Malaysia; 3. Lim Hng Kiang, Minister for Trade and Industry, Singapore; 4. Somkid Jatusripitak, Deputy Prime Minister and Minister of Commerce, Thailand



ABOVE: Signing the TIFA: TOP LEFT, Clockwise; 1. Dr. Mari Elka Pangestu, Minister of Trade, Indonesia; 2. U Soe Tha, Minister for National Planning and Economic Development, Myanmar; 3. Dr. Nam Viyaketh, Minister of Industry and Commerce, Lao PDR; 4. Pehin Dato Lim Jock Seng, Second Minister of Foreign Affairs and Trade, Brunei Darussalam.

Not Shown: Dr. Cham Prasidh, Senior Minister and Minister of Commerce, Cambodia; Mr. Peter B. Favila, Secretary of Trade and Industry, the Philippines; Mr. Truong Dinh Tuyen, Minister of Trade, Viet Nam

Bernam account
US Gives High Priority To Its Ties With Asean
August 25, 2006 13:13 PM By Massita Ahmad and Leslean Arshad

KUALA LUMPUR, Aug 25 (Bernama) -- The United States gives high priority to its ties with Asean due to crucial economic and geo-political interests, US Trade Representative said Friday.

Schwab said the just-signed Trade and Investment Framework Arrangement (TIFA) would provide a platform to further deepen trade and investment linkages between US and Asean.



U STrade Representative, Ms Susan C. Schwab: "With two-way trade constituting US$150 billion a year, Asean makes up the fourth largest trading partner for the US," she said.

However, Schwab who was on her first trip to this region after being appointed to the post in June, declined to elaborate on the geo-political interest when asked.

Schwab, representing US, today signed the framework with the 10-member grouping after consultations with the economic ministers here.

The US-Asean consultations were co-chaired by Schwab and Minister of International Trade and Industry Datuk Seri Rafidah Aziz.

Under the TIFA, the US and Asean representing Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, Vietnam, will establish a formal ministerial dialogue.

Schwab said the parties would use this dialogue to jointly determine concrete steps for deepening trade and investment relations. Trade between Asean and the US grew to US$152.9 billion last year, an increase of 12.4 per cent from US$136 billion in 2004.

Under the framework both parties will undertake a work plan to support regional integration which will help enhance the flow of goods via the development of the Asean Single Window.

Schwab and her Asean counterparts also agreed to initiate a work plan under the TIFA and focus their efforts initially on three projects.

Among them is an initiative to support the development of the Asean Single Window, which will create a common system throughout Asean for entry of goods, facilitating trade within Asean and between both parties.

Ministers will also work to establish a framework agreement on sanitary and phytosanitary issues to foster increased trade in agricultural goods, an important sector in which trade is largely complementary.

The parties will also work together to support the development of harmonised standards for pharmaceutical registration and approval which will speed up the delivery of innovative medicines to Asean patients.

Meanwhile, Indonesian Trade Minister Dr Mari Elka Pangestu said there was no necessity to sign fresh agreements with the US as the TIFA with Washington was adequate.

She said Indonesia instead would concentrate on accelerating the implementation of the Tifa process.

She said it was important for Asean to intensify cooperation with the US and understand any contentious issue between both sides via the TIFA forum.

Economic Ties With Asean A Priority To United States ; August 25, 2006 11:31 AM

KUALA LUMPUR, Aug 25 (Bernama) -- Southeast Asia and the United States have pledged to work harder to take economic linkages to a significantly higher level following consultations between the two parties.

Chaired by Minister of International Trade and Industry Datuk Seri Rafidah Aziz Friday, it saw "production discussions" between Asean Economic Ministers and US Trade Representative Susan Schwab.

These are the highlights of consultations between Asean and United States:

* Asean and the United States to undertake a work plan to support regional integration under the Trade and Investment Framework Arrangement (TIFA) which will help enhance flow of goods via the development of the Asean Single Window,

* Joint council on trade and investment to be formed under TIFA,

* Asean and US urge WTO members to demonstrate flexibility to help put the Doha Development Round back on track before the end of 2006,

* Asean and US to help Vietnam and Laos gain membership in WTO,

* Both support Vietnam's hosting of the Apec leaders' meeting in November,

* Asean-US trade grew 12.4 percent to US$152.9 billion last year from US$136 billion in 2004

Fifth Consultations between the ASEAN Economic Ministers and the Minister of Commerce and Industry of India (AEM-India) Kuala Lumpur, 24 August 2006


The Consultations was co-chaired by H.E. Dato’ Seri Rafidah Aziz, Minister of International Trade and Industry of Malaysia and H.E. Kamal Nath Minister of Commerce and Industry of India.

The Ministers took the opportunity provided by the annual consultations to exchange views on global and regional developments, in particular issues which could potentially shape ASEAN-India economic relations.

The Ministers noted that, despite the challenges, bilateral trade between ASEAN and India continued to increase. In 2005, total trade increased by 30.4% from US$ 17.6 billion in 2004 to US$ 23.1 billion in 2005.



In reponse to the solution to the Palm Oil duty raised; Kamal Nath Minister of Commerce and Industry of India said: “The import of Palm Oil into the market is an excess issue. What you are talking about is the Asean Trade Agreement NOT a Palm Oil Trade Agreement, we can have that too

ASEAN-India Free Trade Area (AIFTA)

The Ministers noted the progress in the negotiations to establish the AIFTA and the efforts to move the negotiations forward. They reaffirmed their will and commitment to establish the AIFTA and directed their senior officials to explore ways to show flexibility in resolving the issues separating both sides, especially those pertaining to the modality on trade in goods. As an impetus to moving the trade in goods negotiations forward, the Ministers agreed that each ASEAN Member Country shall provide India with its individual sensitive list, while India shall provide ASEAN with its one common single sensitive list.

In addition, the Ministers agreed that the negotiations on goods be concluded early and negotiations on trade in services and investment be commenced once substantial progress has been made in the negotiations on trade in goods.

Eleventh AEM-CER Consultations ;Kuala Lumpur, 25 August 2006


The Consultations was co-chaired by H.E. Dato' Seri Rafidah Aziz, Minister of International Trade and Industry, Malaysia; the Hon. Mark Vaile, Deputy Prime Minister and Minister for Trade of Australia; and the Hon. Phil Goff, Minister of Trade of New Zealand.

Mark Vaile, Deputy Prime Minister and Minister for Trade of Australia “ Where we are moving in terms of strengthening the regional architexture is very very important. We refer to the original establishment of the closed economical partnership arranged between Australia and New Zealand and the 10 Asean countries”

ASEAN-CER Trade and Investment Relations

Ministers noted that ASEAN-CER (Australia and New Zealand combined) bilateral trade continue to post significant gains which provides good momentum for establishing the ASEAN-Australia and New Zealand FTA (AANZFTA). Goods trade between ASEAN, and Australia and New Zealand combined expanded in 2005 by 23 per cent (i.e. from US$28.84 billion in 2004 to US$ 35.56 billion in 2005). Trade in services between Australia/New Zealand and ASEAN also experienced strong growth over the same period.


Phil Goff, Minister of Trade of New ZealandWe have seen a healthy growth particularly last year in the trade between the two regions. New Zealand, for example, we have able seen growth of exports into Asean



Ministers noted that in contrast to the substantial trade relationship, ASEAN–CER investment links are still relatively weak and exchanged views on how the ASEAN-CER investment relationship can be further strengthened.

The ASEAN-Australia and New Zealand FTA (AANZFTA)

Ministers noted the progress of the negotiations for the Free Trade Agreement between ASEAN, and Australia and New Zealand. They noted that negotiations have transcended the confidence-building stage and are now in the substantive critical phase with discussions focused on the draft texts of the various chapters of the agreement, including economic cooperation provisions, and modalities for market access negotiations.

Ministers recognised that with the right level of ambition and commitment to concluding the negotiations as a single undertaking, a comprehensive FTA could be done in 2007. Ministers acknowledged that there could be some difficulties encountered in the negotiations given the diverse economic circumstances and broad range of interests of the participating countries.

Ministers tasked the Trade Negotiating Committee to find creative solutions to close the gap on difficult issues. Ministers also called on participating countries to exercise greater flexibility in dealing with the difficult issues. Ministers re-affirmed the need to ensure sufficient flexibility to accommodate the need of some ASEAN Member Countries in the FTA.

ASEAN Ministers welcomed the technical assistance and capacity-building programmes given by Australia and New Zealand to facilitate the participation of all ASEAN Member Countries in the FTA negotiations.

On the whole, Ministers are looking forward to the conclusion of the negotiations emphasising that the FTA should build on the economic linkages between the two regions and deliver greater economic benefits to each participating country.

---------------------------------
From Financial Times, UK,

Washington signs pact with Asean nations; By John Burton in Singapore

Published: August 25 2006 18:19 | Last updated: August 25 2006 18:19

The US on Friday signed a trade and investment pact with south-east Asian nations, seen as a first step towards a comprehensive agreement to reduce trade barriers.

It was one of several trade deals that the 10-member Association of South-East Asian Nations has been negotiating with other regional partners in an effort to give the group a key role in the possible creation of a proposed pan-Asian trade zone.

Asean is hoping to conclude trade pacts with China, India, Japan and South Korea within the next several years, making south-east Asia the hub for an expanding regional trade network.

South-east Asia is a prime source of commodities and agricultural products in Asia and an important market for industrial goods. The trade agreement with the US would promote the development of an “Asean single window” to harmonise the entry of goods into the region by adopting similar customs procedures.

It also calls for “speeding the delivery of innovative medicines to Asean countries”, which has been a goal of the US pharmaceutical industry. The pact includes Burma, an Asean member, but the US has said it will not affect its trade sanctions against the country. The US is the biggest export market for Asean and the region’s biggest foreign direct investor.

Asean agreed this week at the annual meeting of its economic ministers to resume trade talks with India, after they were suspended last year over India’s refusal to reduce a list of 1,400 products that it wanted to exclude from any agreement. India has since cut the number of excluded goods by nearly two-thirds.

Asean and South Korea also agreed to cut tariffs from next January 1 in spite of a continued dispute over the export of Thai rice to Korea. Thailand has refused to join the deal in protest against the Korean decision excluding Thai rice to protect its agricultural sector.

China, which has already signed a trade deal with Asean on goods, said that it wanted to finish talks on liberalising services by 2006 as part of an effort to establish a trade area by 2010. Asean’s trade deals with China, Korea and Japan are seen as building blocks for a 16-member pan-Asian trade zone being proposed by Japan.

Asean has said it would study the proposal but that it was premature to begin discussions on it before the north-east Asian trade deals were concluded.

Japan’s proposal is viewed as an attempt to dilute China’s expanding economic influence in the region by including pro-western countries, such as India, Australia and New Zealand, in the wider trade bloc.

And some advices from International Herald Tribune ViewPoints:
Asean should crawl before it walks; Published: August 25, 2006

ASEAN: This week's meeting of economic ministers from Southeast Asia in Kuala Lumpur was not short on ambition. The officials confirmed a desire to accelerate the creation of a European-style single market to 2015 as the region struggles to strengthen its economic muscle. The plan will involve removing non-tariff-related barriers and quickening the opening up of service industries.

The next logical step would be a single-currency system. Tokyo also entered into the spirit by proposing the creation of a 16-country free trade area comprising Japan, China, India, South Korea, New Zealand, Australia and the Association of South East Asian Nations. But the Southeast Asians must try to learn the hard lessons of Europe's experience. There, the long road to a single market started in the early 1950s with the European Coal and Steel Community; and it is still struggling to bring down barriers.

In 2000, the EU introduced the Lisbon Agenda, which sought to turn the bloc into the world's premier knowledge-based economy by 2010. But there has been no shortage of setbacks to the goal, from lacking agreement on a communitywide patent system to a weakened agreement on services to a lack of common takeover rules. Corporate nationalism appears to be back on the scene.

The Asean region faces far more obstacles than Europe ever did. It comprises 10 countries - one of which is an international pariah - in highly different stages of development, with deep cultural and linguistic differences and no shortage of internal bickering. The trade ministers' meeting was overshadowed this week by a dispute between Malaysia and Thailand over automobile tariffs, and Malaysia and Singapore have a history of simmering mistrust. Malaysia has also said that it will not give up its affirmative action policy to help contractors who are Malays or belong to other indigenous groups. The success of the project will also involve Japan, China and South Korea acting in concert to support and nurture the body - something they have not proved adept at in the past. Ambition is no bad thing, but an excess of ambition can only disappoint. Ask the EU.

From AWSJ

Asean, U.S. Sign Agreement To Expand Trade and Investment
Associated Press; August 25, 2006 7:46 a.m.

KUALA LUMPUR, Malaysia -- Southeast Asian trade ministers signed an expanded trade and investment agreement with the U.S. on Friday that calls for a mechanism that allows U.S. imports easier access to the region.

The Trade and Investment Facilitation Arrangement, or TIFA, was signed by U.S. Trade Representative Susan Schwab and trade and commerce ministers from the 10-member Association of Southeast Asian Nations. It came a day after the bloc revived free-trade talks with India, breaking months of deadlock.

Asean also edged closer to completing talks on opening up service sectors with China and South Korea in meetings this week to boost links with key trade partners and make the bloc more competitive economically.

The arrangement between Asean and Washington Friday calls for the development of a so-called Asean Single Window, which calls for a "common system throughout Asean for the entry of goods," Ms. Schwab's office said in a statement. Officials say the echanism, if successful, would mean goods entering all Asean countries would be subject to similar customs procedures.

The arrangement also urges "cooperation on pharmaceutical regulatory issues aiming at speeding the delivery of innovative medicines to Asean countries," according to a joint news media statement. And it facilitates cooperation concerning sanitary issues in specific agricultural goods. American pharmaceutical companies have complained generic drug copies of patented medicines are eating into revenue, and affecting their research capabilities. Poorer countries say they can't afford the high cost of some patented life-saving or life-extending medicines.


Malaysian Trade Minister Rafidah Aziz said the agreement, at this stage, was not a precursor to a comprehensive economic partnership.

"The TIFA will be a platform to intensify our trade and investment relations with the Asean region, which collectively constitutes our fourth largest trading partner," Ms. Schwab said.

Two-way trade between Southeast Asia and the U.S. reached $152 billion in 2005, a 12% increase from the previous year. The agreement was signed despite American sanctions against military-ruled Myanmar, but Ms. Schwab said it wouldn't change Washington's stance. "The United States has very serious concerns about human rights in Myanmar. The TIFA is not going to change that," she said.

But Malaysia's Ms. Rafidah said that while she expressed hopes the agreement would help contribute toward Myanmar's national reconciliation, it shouldn't be used to pressure the country, also known as Burma, toward democracy. "I would rather not put this cloud, this whole group exercise we have with U.S. with individual country issues," she said.

In other developments, following talks with India late Thursday, Asean ministers agreed to resume free trade negotiations but urged New Delhi to provide more concessions. Talks between the two sides faltered last year over India's reluctance to open up its market.

Also Thursday, South Korea and Asean -- minus Thailand -- agreed to start cutting tariffs on merchandise trade by next January and conclude talks on services liberalization by the end of next year as part of plans to create a free-trade area by 2012.

Meanwhile, China, which has signed an agreement with Asean to free up merchandise trade, expects to finish negotiations on liberalizing the service sector by the end of 2006 to put on track plans to create a free-trade zone by 2010, Chinese Vice Commerce Minister Yi Xiaozhun said Thursday.

Attempts to liberalize trade in Southeast Asia have continued for over a decade, but distrust, nationalistic policies, poverty, and economic and political differences have hindered progress. But with a large chunk of international investment now going to China and India, Asean officials have moved economic talks along more urgently.

A wide economic gulf divides Asean's six more developed nations -- Malaysia, Indonesia, Singapore, Brunei, Thailand and the Philippines -- and its four newer members, Cambodia, communist Vietnam and Laos, and military-ruled Myanmar, in a region home to 560 million people.

ASEAN trade ministers want leaders to endorse a move creating an Asean Economic Community, or AEC, by 2015, five years earlier than originally planned. It allows for the free flow of goods and services through Southeast Asia, but doesn't include a single currency system.

http://online.wsj.com

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Friday, August 25, 2006

Dr MAHATHIR UNSATISFIED with ANSWERS Picks on Abdullah’s Involvement - UN OIL for FOOD; RESTRICTION Talks; UMNO’s YESMEN; Wants his Truth be THE TRUTH


http://www.malaysiakini.com/news/55854

Oil for food: Probe Pak Lah, says Dr M; Aug 24, 06 6:50pm

Dr Mahathir is resorting to “tit-for-tat” in his attack on PM Abdullah

Former premier Dr Mahathir Mohamad said an independent body should be formed to investigate Abdullah Ahmad Badawi's alleged involvement in the United Nations Oil for Food Programme scandal.

In what appeared to be one of his harshest attacks against his handpicked
successor, Mahathir argued that government officials should not be involved
in any commercial transactions.

Responding to a question on the scandal at a press conference in Kedah
yesterday, the former premier said he was only aware of the matter after
stepping down in 2003.

"When I was PM, I was not aware (of this) ... only after I stepped down was
the (UN) report made (public
). What is important is not whether he
(Abdullah) is a beneficiary or not but as a deputy prime minister - or
anyone who holds a (government) position - he should not be involved in any
commercial transactions.

"It looks like he was involved. How far he was involved, I don't know ...
but I think there should be an investigation by an independent body, not by
those under him," he said.

Mahathir added that Indian cabinet minister Natwar Singh had resigned when
his name also appeared on the report.

Although two of Abdullah's relatives were implicated in the scandal, the
premier was however later cleared of any involvement by the UN. (see Msiakini report below dated Oct 30 05)

http://www.malaysiakini.com/news/42468

His relatives were identified as Faek Ahmad Shareef, an Iraqi immigrant who
was married to Abdullah's sister-in-law
but later divorced, and Noorasiah
Mahmood, the sister of Abdullah's late wife Endon Mahmood
.

It was reported that the duo, through a Malaysian trading company called Mastek, were allegedly the biggest bribe-giver to the illicit oil-for-food
deal involving deposed Iraqi leader Saddam Hussein.

Below is an abstract of the press conference, which were published by online
website Agendadaily.

Question: (In reference to Mahathir's decision to attend the Umno general
assembly). Are you planning to speak at the assembly if given the chance?

Mahathir: Yes, if I am allowed to speak, I will speak ... if I am permitted.

* Have you signed the forms to be a delegate (for Umno Kubang Pasu
division)?

Signed already ... signed it early.

* So there's no turning back?

No turning back. I am an ordinary member of Umno - the first member of Umno
(Baru formed following the 1987 crisis). Now, I cannot even talk in Umno
.

* Wouldn't your presence lead to a tense situation at the meet?

There shouldn't be any tension. I know that when we have a general assembly, everyone stands up to say 'we support, we support' - not like the Umno during my time. I myself got hammered (at the meets) ... so in Umno, there is freedom of speech but if we have an Umno where everybody says 'we support ', 'we agree', 'we are yes ministers', it no longer looks like Umno. Umno has become something else.

* As a former prime minister, are you going to sit behind (the hall) with the rest of the delegates?

When I was president, I also sat behind to see how it felt. If they don't let me sit in front, I'll sit behind.

* Some consider the current situation stems from your 22 years in power...

What I did ... my era ...everyone could talk. Tunku Abdul Rahman could talk no restrictions. When Tengku Razaleigh (Hamzah) went against me, Abdullah went against me, Musa (Hitam) went against me, there were no restrictions. Now there is completely no freedom and this is what I find strange. Not only the ordinary members cannot talk but even the former president cannot talk either.

(During my era) Tunku Abdul Rahman could talk. Tenglu Razaleigh campaigned
throughout Malaysia, Abdullah Ahmad Badawi campaigned throughout the country
saying I was communist and all; I did not use my powers to stop him.

* So you never blacklisted your critics?

No. In fact, I accepted them back into the cabinet. Rais Yatim burnt all the bridges but came back as a minister. Kadir Sheikh Fadzir, Syed Hamid Albar and even Pak Lah himself - he went against me. I am not a person who blacklists. If you fight for Umno, you have the right (to remain in Umno).


* For 22 years, you never used the words 'I'm prime minister' (which Abdullah mentioned in a recent speech). What is your view on this?

I felt that even being made prime minister, I am actually a servant to the people. So we cannot show so much that as prime minister I can do whatever. That's why I said (in his speech earlier), don't chant 'Hidup Mahathir' ... (chant) Hidup Umno ... Hidup Melayu. What's important are Umno and the Malays, not me ... I am not important.

I'm only expressing the views of those who have told me of their dissatisfaction but live in fear. If they are contractors, they would lose their contracts, if they are government employees then action will be taken against them - all sorts of fears.

There are menteri besar who have been instructed (to do things), but when asked they say 'no, no'... I know this is happening, (they have been) instructed by Khairy (Jamaluddin, the premier's son-in-law).

* The prime minister has ordered the ministers to answer the issues you have raised. They feel that they have answered. What about you?

I asked a simple question - did you offer sand to Singapore, yes or no? No answer. Instead, they tell me to answer. How am I to answer? The documents are with him. If I release the documents, I will get arrested under the OSA (Official Secrets Act).

* But Deputy Prime Minister Najib Abdul Razak said that you can submit the evidence behind closed doors?

(If) closed, I don't want ... let it be open. If it's closed, he will not tell people. I want to bring it out. Give me a declaration that whatever documents I have, I can expose them without any OSA action being taken against me. Give me a written declaration, I will provide the proof.

* If given that assurance, you will expose the evidence?

I will look (for it)...

* People want to know if the evidence is already in your hands?

Why should people want to know? If they know, they will start investigating, search my room (for it)... No need. I know that technique - ransack, ransack.

* There are those who say your actions are aimed at
weakening Pak Lah's
position as prime minister and eventually topple him
.

If he is only doing the right things, (he) won't fall. If he does wrong, he will fall.

* During your speech, you claimed that two weeks after you stepped down,
those who came to see you were blacklisted. Do you have proof of this?

I was told (they) would be blacklisted.

* Maybe this is just hearsay?


This is why it is difficult when people ask me for proof that I cannot give. I am asking for the proof that he (Abdullah) can give.


* But in today's world, everything requires proof
?


I know he has the proof but he is not showing (it). I cannot bring out the (classified) documents or I will get arrested. Secret things he can declassify but he is not doing it. He declassified my letter (to former Singapore premiers Lee Kuan Yew and Goh Chock Tong). My letter was already published by Singapore, so why?

* (Returning to Umno) You have signed up to contest to be a delegate. What
do you
plan to do at the Umno general assembly?


I'll go and sit behind. If there is an opportunity to speak, I will speak even (if given) five minutes.

* That is a huge platform (the Umno assembly).

Big platform but talk for five minutes.

* If given the chance to speak, what would you say?

(Laughs) Wait for it. If I tell you now, it won't be fun. (Then) people will not read the newspapers.

* When you were prime minister and Abdullah your deputy, there was a report released regarding the
Oil for Food scandal. Many world leaders (were implicated). Pak Lah himself was implicated - his name was listed as a beneficiary. But there was no action taken at that time. Were you aware of this?

When I was PM, I was not aware (of this) ... only after I stepped down was the (UN) report made. What is important is not whether he is a beneficiary or not but as a deputy prime minister - or anyone who holds a (government) position - he should not be involved in any commercial transactions. It looks like he was involved. How far he was involved, I don't know ... but I think there should be an investigation by an independent body, not by those under him. An Indian minister Natwar Singh quit when his name appeared on the list.

* When Pak Lah was asked about it, he denied any knowledge but conceded that
there were
businessmen who met him to ask for support (regarding the
programme). Maybe that's why his name was on the list.

That person was his sister-in-law ... that's what I found out. (see translated LIST below, rginal in Arabic, from Iraqi website)

* Were those names from Malaysia listed (in the UN report) genuine?

The genuine ones ... like Effendi (no further details) yes and (another person whose name was not audible) ... but they were not working with the government.

At least, I should have known or (at least) get my permission but no ... no permission was asked, and I didn't know anything about it until I resigned. If it happened during my era as prime minister, I would have rejected it and taken the necessary actions.

* Now it seems the prime minister does not want to answer your questions. He appears not to be paying any attention to you. Will you continue talking?

I will continue talking. If he doesn't answer, don't answer ... because he can't answer...

If he answers, 'it is right what Dr Mahathir said, it is his (Abdullah's) mistake (that) he wants to allow Singapore fighter jets to use Malaysian airspace - is that right or wrong? If he says 'right' then people will be angry at him so he doesn't answer, (keeps) quiet.

But he is using Brendan Pereira (New Straits Times group editor) to dig up Ani Arope (former TNB CEO) and Tajuddin Ramli (former MAS chief). Apparently, I forced Tajuddin Ramli (to buy MAS shares). I can give the statement that he (Tajuddin) was elated to get MAS...

* (Returning to Umno) How are you going to garner support from party members
and the public for your actions?

I felt that I should express this matter (the issues) because it is true. I may not get support because I know Umno members are very afraid of the leadership.

Those who do things which are not approved by the leadership will get a call. They got a call from Perth (when Abdullah was holidaying there), from all over, telling them to stop (this is believed to be made in reference to inviting him to speak at Umno meetings), and the few that are brave have objected.

If this is what Umno wants, to hold on to people who do wrongs, and if you don't want to take (Umno) back from him, this is what you have to accept. People get the government they want and if people can accept a leader that I say is a dictator, who does not allow me to talk to Umno... I was Umno president for 22 years. I was free to talk to Umno members. He was also free to talk to Umno members. Now I am being told that I cannot talk to Umno - Umno members cannot invite Dr Mahathir.

I know the Umno supreme council has decided that I cannot talk to Umno but Abdullah made the statement that Umno was free to invite whoever they want ... but in reality, they are not free because they will be called and told to cancel it. Look at Perlis (where the Umno Padang Besar division cancelled its invitation to Mahathir).

* You say you want to strengthen the unity in Umno but what is happening now
will lead to an internal crisis.

When Tunku Abdul Rahman did not do something, there were problems... Umno belongs to the people and has to fulfill their aspirations.

* There is a perception that Umno people must respect and defend the leadership. What is your view on this?

Even in Islam (during prayers) if the imam does not recite properly, it is our duty to correct (him) ... even Saidina Abu Bakar (one of the caliphs) said, if I make a mistake, correct me... Can't I even reprimand a human being? I am only reprimanding...

* What is being questioned is the way in which you reprimand - from the outside (publicly) and it is embarrassing to the party president and prime minister.

Even back then, I reprimanded Tunku Abdul Rahman but Umno remained. He realised it and he withdrew ... Datuk Onn also realised it and he too withdrew, but this goes to the extent of not letting people talk, closing their mouths, (getting) angry with ministers... I have never seen things like this. That's why I have to say things a bit harsh. If I whisper, I know nothing will happen.

* Another issue is the quota system in Umno (which requires a minimum number of nominations to contest the top posts in the party). Do you think it should be continued?

There are times when it is needed, when faced with a particular problem. We don't want a split, it is needed, but not something permanent.
____

Dr M: I did not shackle the judiciary
http://www.malaysiakini.com/news/55832

Govt will not reverse decision on bridge
http://www.malaysiakini.com/news/55843

Petronas' accounts a secret due to us
http://www.malaysiakini.com/letters/55834

Why Petronas' accounts are secret.
http://www.malaysiakini.com/letters/55721

The Background to Oil-for-Food Scandal.
Saturday, October 29, 2005, from Msiakini

M'sia PM's relatives linked to oil-for-food scandal

Malaysian Prime Minister Abdullah Ahmad Badawi has been cleared of involvement in the Iraq oil-for-food scandal, but a United Nations inquiry has implicated two of his relatives, reports said on Saturday.

Malaysiakini identified the two as Mr Faek Ahmad Shareef, an Iraqi immigrant who was married to Datuk Seri Abdullah's sister-in-law but later divorced, and Ms Noorasiah Mahmood, the sister of Abdullah's late wife who died this month.

According to the report, Mastek made the single largest payment among 2,200 companies from 66 countries which were found to have paid bribes in the United Nations inquiry unveiled this week.

The New Straits Times did not name Ms Noorasiah, but did identify Mr Faek although not as a relative of the prime minister.

The daily also cited the UN report as saying there was no evidence that Datuk Seri Abdullah had benefited from the oil-for-food programme. He was named last year as being among Malaysians who had received benefits from Saddam under the programme.

Mr Faek told the newspaper that trading the oil allocations was 'just a business' and that it had been conducted 'under UN supervision'.

'There is some truth in the report but it is not the whole truth,' he was quoted as saying. 'I helped Iraqis when millions of people were dying because of the sanctions.'

The international inquiry committee, led by former US central bank chief Paul Volcker, spent 18 months examining what went wrong with the UN oil-for-food programme that ran from 1996 to 2003. -- AFP

Sunday, October 30, 2005, also from Msiakini

Report: Nearly half those involved in oil-for-food program were corrupt

The Associated Press; Oil-for-food Websites

In a scathing final report documenting massive corruption in the U.N. oil-for-food program, investigators Thursday accused more than 2,200 companies, and prominent politicians, of colluding with Saddam Hussein's regime to bilk the humanitarian operation of $1.8 billion.

The 623-page document exposed the global scope of a scam that allegedly involved such name-brand companies as DaimlerChrysler and Siemens AG, as well as a former French U.N. ambassador, a firebrand British politician and the president of Italy's Lombardi region.

It meticulously detailed how the $64 billion program became a cash cow for Saddam and more than half the companies participating in oil-for-food -- at the expense of Iraqis suffering under U.N. sanctions. It blamed shoddy U.N. management and the world's most powerful nations for allowing the corruption to go on for years.

"What I do want to emphasize is that the corruption of the program by Saddam ... could not have been nearly so pervasive had there been more disciplined management by the U.N. and its agencies," said Paul Volcker, a former Federal Reserve chairman who led the investigation.

Volcker and many nations said the report underscored the urgent need to reform the United Nations. Earlier reports in his investigation have already led to criminal inquiries and indictments in the United States, France, and Switzerland. Volcker said his team would cooperate with legal authorities following up on the report.

The investigators found that companies and individuals from 66 countries paid illegal kickbacks using a variety of methods, and those paying illegal oil surcharges came from, or were registered in, 40 countries.

The companies came from Thailand, Malaysia, Russia, Belarus, Syria, Canada and many other places. Many businesses in the developing world made large payments to get humanitarian contracts.
[Malaysia: (LIST EXTRACTED FROM THE TRANSLATED LIST);

1-Fayiq Ahmad Sharif/ 12.5 million
2-Betmal Co./ 4 million
3-Tade pepper/ 4 million
4-Mastik/Fayiq Ahmad Sharif/ 57 million
5-Hawala/ 7 million

Million refers to millions barrels of oil, who are the others in 2,3 & 5??]

Vietnam Northern Food Corp. purportedly paid $37.5 million in kickbacks, while Egypt's Holding Company for Food Industries allegedly paid $30.5 million.

Asked what the report said about the state of global business, Volcker said: "There's a lot of corruption in the world."

Most of the contracts went to Russian and French companies and individuals, who were rewarded for their governments' outspoken opposition to the sanctions. But even firms in countries supportive of the sanctions, such as the United States, found ways to manipulate the system illegally, sometimes by using Russian firms as middlemen.

The oil-for-food program, which ran from 1996-2003, allowed Iraq to sell limited and then unlimited quantities of oil provided most of the money went to buy humanitarian goods. It was launched to help ordinary Iraqis cope with U.N. sanctions imposed after Saddam's 1990 invasion of Kuwait.

But Saddam, who could choose the buyers of Iraqi oil and the sellers of humanitarian goods, corrupted the program by awarding contracts to - and getting kickbacks from - favored buyers.

Volcker's $38 million investigation, which ran for more than a year, had earlier faulted U.N. Secretary-General Kofi Annan, his deputy, and the Security Council for tolerating corruption.

Thursday's report detailed just how companies bilked the program: through surcharges paid for humanitarian contracts for supplies; and via kickbacks for oil contracts. Most of the illicit income -- more than $1.5 billion -- came from the humanitarian contracts.

Among the companies that paid illegal surcharges were South Korea's Daewoo International and three subsidiaries of Siemens AG of Germany, as well as the Brussels, Belgium-based Volvo Construction Equipment.

On the oil side, contractors listed included Texas-based Bayoil and Coastal Corp., Russian oil giant Gazprom, and Lukoil Asia Pacific, a subsidiary of the Russian company Lukoil.

The founder and former chairman of Coastal, Texas oil tycoon Oscar Wyatt, pleaded not guilty Thursday in New York to charges that he conspired to pay several million dollars in illegal kickbacks to Saddam's regime to win contracts through the program.

His trial date was set for June 20.

Volcker's report referred to Wyatt, 81, as a "longtime and loyal oil customer of Iraq," the lone exception to an Iraqi ban on selling oil to American companies.

Among the individuals targeted in the report, investigators found that Jean-Bernard Merrimee, France's former U.N. ambassador, received $165,725 in commissions from oil allocations awarded to him by the Iraqi regime. He is now under investigation in France.

Merrimee "began receiving oil allocations that would ultimately total approximately 6 million barrels from the government of Iraq," the report said. He has denied wrongdoing.

Other "political beneficiaries" included British lawmaker George Galloway; Roberto Formigoni, the president of the Lombardi region in Italy; and the Rev. Jean-Marie Benjamin, a priest who once worked as an assistant to the Vatican secretary of state and opposed Iraqi sanctions.

Formigoni, in a statement, said he received "neither a drop of oil, nor a single cent." Galloway also denied the allegations, saying "I've never had a penny through oil deals and no one has produced a shred of evidence that I have." Benjamin has also denied any personal benefit from the program.

The report strongly criticizes the U.N. Secretariat and Security Council for failing to monitor the program and allowing the emergence of front companies and international trading concerns prepared to make illegal payments.

In a letter to Annan, the committee said its task had been to find mismanagement and evidence of corruption, and "unhappily, both were found and have been documented in great detail."

Yet the report cleared former U.N. Secretary-General Boutros Boutros-Ghali, who headed the world body when the oil-for-food program was launched, of accepting bribes. Volcker had earlier raised suspicion about the extent of his involvement.

The letter said responsibility should start with the U.N. Security Council, which is dominated by its five permanent members: Britain, China, France, Russia and the United States. "It was, as one past member of the council put it, a compact with the devil, and the devil had means of manipulating the program to his ends."

The United States said the report again showed the need for urgent reform of the United Nations.

"I do think it does highlight that there are certain management practices within the U.N. that need reform," State Department spokesman Sean McCormack said. "We're going to continue to urge and push for management reform at the United Nations.

In the report, Volcker's team gave several examples of just how companies and Saddam went about manipulating the program. German car manufacturer DaimlerChrysler's dealings were emblematic on a small scale.

According to Volcker's team, DaimlerChrysler had oil-for-food contracts worth about $5.2 million to sell Iraq spare parts and vehicles. The contracts were paid out of a U.N. bank account funded by Iraqi oil sales, also administered by the U.N.

One of those contracts was to sell Iraq's Oil Ministry a Mercedes armored van worth about $70,000. As a sweetener, a DaimlerChrysler agent signed a secret deal to give Iraq a $7,000 kickback -- 10 percent of the van's value.

When the final contract for the van was submitted for U.N. approval, the price of the truck was inflated to include that amount. That meant that the U.N. fund ended up paying DaimlerChrysler for the kickback.

DaimlerChrysler said it was aware of the report but declined to comment because of ongoing investigations by the Securities and Exchange Commission and the Justice Department.

Synopsis "Printed for the use of the Committee on Governmental Affairs."
Related information; Bibliographic information
Title: How Saddam Hussein Abused the United Nations Oil-for-Food Program
ISBN: 0160745721 Publisher: For sale by the Supt. of Docs., U.S. G.P.O
Author(s): United States. Congress. Senate. Committee on Governmental Affairs. Permanent Subcommittee on Investigations
Publication Date: 2005 ; Pages: 212

April 27, 2004; About the Oil-for-Food Scandal

After the 1991 Gulf War, the U.N. imposed economic sanctions on Saddam's regime. Concerned that the sanctions were hurting the people of Iraq, in 1996 the Security Council established the Iraq Oil-for-Food Program (OFP). Under strict U.N. control, Iraq would be allowed to export oil and import food and humanitarian supplies.

Over time, the program grew. Over seven years, $65 billion worth of oil was sold through the program and $38 billion of goods was imported into Saddam-controlled Iraq. Inspectors, monitors, and local bureaucrats oversaw oil sales, imports, and distribution of the humanitarian aid. The other $27 billion went to Kuwaiti war reparations, to the UN for administrative costs, and to Kurdish-controlled Iraq.

Saddam evaded and abused the sanctions program as much as possible. He smuggled oil out of Iraq. He demanded kickbacks from both sides of the OFP: purchasers of oil and suppliers of goods. The GAO estimates that he earned $10 billion from smuggling ($5.7Bn) and kickbacks ($4.4Bn).

For years before the 2003 Iraq War, much of this was known, and ignored by the U.N. and the U.S. Indeed, there was constant global pressure to abandon or ease the sanctions; various Security Council Resolutions increased the amount of oil that could be sold and broadened the list of goods that could be imported. In 2001, the OFP did tighten up the oil pricing policy, and thus reduced the margin on the kickbacks required from oil purchasers.

Various U.S. agencies reported on the graft and kickbacks throughout 2002 and 2003, with modest attention. The lid blew off the OFP scandal on January 30, 2004, with the publication in Al-Mada, a Baghdad newspaper, of a list of 270 alleged recipients of oil allocations from Saddam. Reportedly the recipients of these vouchers had the right to buy Iraqi oil and could then re-sell it at a tidy profit. The names included oil companies, small trading companies, politicians (many of them vocally pro-Saddam), and at least one U.N. official, Benon Sevan, the head of OFP. (By my estimate, the published list of oil vouchers, in total, was worth about $800 million, one part of the puzzle, NOT the whole thing.)

Whether the list is fraudulent or legitimate, since February, pressure has built for investigations. The UN, the U.S. Congress, and Iraq's Governing Council have all started investigations

Why is the OFP Scandal Important?
It is not just about which bureaucrat had his hand in the till. Nor is it just about which company slipped a dictator a few (or many) bucks.

It is about the UN and its legitimacy. During the run-up to the Iraq war, George Bush's opponents accused him of many misdeeds. Chief among them was "going to war without the UN." But if, the UN was, in fact, Saddam's enabler, if the UN Secretariat was effectively on Saddam's payroll, if important people in major antiwar countries were likewise beholden to the Iraqi regime, then that casts a wholly different light on "unilateralism."

And that is precisely why so many people, on both sides of the global debate, weigh in strongly on the Oil-for-Food scandal.

I highly recommend Claudia Rossett's excellent summary of the issue. It is lengthy, but well worth your while, if you want to understand this issue.

This website, by design, covers many details and news reports. In addition to Ms. Rosett's article, I am working on ways to summarize and present this very complex scandal in useful and accessible ways. Your comments and suggestions toward that goal are appreciated.

Posted by Stephen at April 27, 2004 08:22 PM
This entry was posted in the following categories: News Reports/General

Comments

Thanks so much for getting this information out. I have been following Claudia Rossett's articles; she's tenacious! Keep up the good work.

from

http://healingiraq.blogspot.com/

The mother of all scandals

Tim Blair brought this to my attention yesterday and I dug up the list of companies, politicians, and organizations from 51 countries that had received bribes in oil from the former regime in return for their 'services' in defending the regime and opposing the US campaign against him.

These shady deals were all done under the auspices of the UN and the Oil for Food program. The bribes add up to a total of 3.3 billion barrels of Iraqi crude oil (worth over 70 billion dollars). Here is the translated list. And here the original in Arabic.

Now you know why Iraqis suffered from the UN sanctions. Now you know why hundreds of thousands of Iraqi children had to die during the last ten years. Now you know why those people were vehemently anti-war.

The list was published in Al-Mada, an independent Iraqi newspaper, it was leaked from the Ministry of Oil archives. There may be a few errors in my translation, so if you can find any of these please point them out to me so I can make the proper corrections.

Here are some links on the story. From Reuters, commercial appeal, New York post, and the Seattle Post. Sam also posted about it here.

# posted by Zeyad : 1/29/2004 07:47:23 PM

comments (136)

http://hammorabi.blogspot.com/

The Scandal is Bigger!

What leaked to the media from the oil bribes list submitted to the Iraqi GC by the ministry of oil is just the surface of the tip of the iceberg. Hoshiar Zibari the foreign minister indicated during his visit to Bulgaria that the bribes list is true.

Indeed bribing was a policy that Saddam's regime used to depend on for long time since its control of power. In 1970s and 1980s when VIP individuals visit the country, the Iraqis used to whisper, how much they took!

In actual fact dependent sources said that the published list is just the tip of the iceberg. The real list contains hundreds of names of very VIPs individuals. Among them are Arab politicians, artists, actors and writers. There are sons of heads of states and top governmental officials.


One female actor received bribes at many occasions. In only one of these occasions she received 5 Millions US Dollars! This may be Raghdah a Syrian actor lives in Egypt who used to go with a group of MPs, actors, journalist and others so often regularly in a propaganda of breaking the sanction. At least once she met Saddam publicly!

There is another story leaked to the media about an Arab attractive young singer, she received more than 1.5 Millions Dollars for spending 3 nights with Udy Saddam's eldest son!


(One of the parties Saddam son used to do during the sanction!)

In 1983-1985 Saddam's regime bought 128 top class apartments in Al Jizah which is a top class area in Cairo and gave them as a bribery gifts to its supporters.

Those published in the list either kept silent or denied it or telling that they were doing trades! We really so surprised how can a journalist or MP or politician or actor or a son of an official turn in one night into an oil dealer!

We would like to know the rest of the list and about the results of the investigations. These are true documents and not conspiracy. Indeed those who tried to put doubts on it are directly or indirectly defending the ugly act of a tyrant regime.

Saddam bribed too many people by different ways for long time to keep them silent about the parties of executions like the one below!


(one of the regular executions he used to do in the cities during his reign.




The Scandal of Oil Bribes!

(Update List Below)

Documents found in the ministry of oil indicates that Iraqi oil worth hundred of millions of dollars have been given as bribes to Arabs and non Arabs individuals including politicians, MPs, Journalists, Parties, companies, and others in return for Saddam propaganda. The Iraqi ministry of oil said it will follow them through the appropriate lawful procedures and the International police.

Almada Iraqi newspaper and other Iraqi sites have published the names of 270 individuals from 50 countries including 16 Arab states. The deals were signed by SOMO which is an Iraqi oil company owned by the cousin of Saddam.
All the companies are Non-end users which mean they do not own refineries and acted as intermediary agents to sale their bribes!

I was unable to do a correct translation of the names but here is the list in Arabic published by the Iraqi Parliament site. The numbers beside each name represent millions of barrels of oil given.
Many sources think that the list is only the iceberg of bribes given over 35 years but the list above is given over the last few years from the oil for food or as smuggling of oil outside the UN programme. These individuals should be followed up not only by the Iraqis but by the UN to investigate the breach of the UN sanction at that stage! This breach is coin with two faces, one is the breach of sanction and the other is the breach of using the money for propagand or things other than the food for the starved Iraqi children!

List from MEMRI.

List includes:

1.Syria: 14 individuals total 89 millions barrel. Including the son of minister of defence and Hamiadah Naana.
2.Jordan: Ashanfari Group 5 millions
3.Cyprus: more than 33 millions including Mohammad Alhoni editor of AlArab newspaper who got 17 millions! Plus other 2 companies
4.Turkey: 11 individuals with 82.5 millions
5.Vietnam: 4 with 12.2 millions
6.Sudan: 3 with 12 millions
7.Yemen: 3 with 16.3 millions including AbdAlkarem AlAryani
8.Bangladesh: 43 millions for Molana Abd Almanan!!
9.India: 9.5 millions for Beham Sing and congress party!
10.Pakistan: 3 with 23.5 millions
11.Malaysia: 4 with 84.5 millions
12.Indonesia: 6 with 21 millions including daughter of Sokarno!
13.UAE: 8 with 55.2 millions including Essa Nihian, Sultan Nihian from the ruling family and M Saed Eutiaba
14.Morocco: 3 with 7.4 millions
15.Algeria: 2 for 12 millions
16.Tunisia: 3 for 14.4 millions
17.Italy: 8 for 61.5 millions including church priest and companies
18.Spain: 3 for 36.1 millions
19.Yugoslavia: 4 for 53.5 millions (Socialist party, Left party, Italian party and Kokostontasha party- if wright translation!)
20.Belarusian: 6 for 39.2 millions including communist and liberal parties and the head of the department of presidency
21.Romania: 2 for 6.5 millions including labour party
22.UK: 2 for 55.5 millions including George Galloway MP and Mujahdeen Khleek the Iranian group.
23.Canada: Arthur Mill Holland for 9.6 millions
24.USA: 2 for 17.5 millions including Shaker Khafaji and Samer Finsent
25.Chad: Foreign minister 3 millions
26.Thailand: the rice trader Gay Born 9.5 millions
27.Panama: one for 11.5 millions
28.Hungaria: 4.7 millions for Hungarian Welfare party
29.South Africa: 4 for 21 millions
30.Philippine: 3.5 millions for Philippine producers
31.Nether land: Cypolt! 3 millions
32.France: 11 for 169 millions including French Arab association
33.China: 5 for 84.1 millions
34.Jordan: 14 for 74 millions including Liath Shibilat, Fakhri Gaawar, Tojan Faisal, Fawaz Ziriakat, Salem Naas, Shaker Bin Zaid, M Saleh Horani, Ziad Yaghmor, Wameth hussien, Mashhor Hadethah, Ziad Ragheb, Salim Naas and ministry of Energy!
35.Palestinians: 6 for 37 millions including PLO and Abo Abas
36.Egypt: 11 for 82 millions including Khaled Jamal Abd Al Naser, Emad Eljalda and other companies
37.Lebanon: 14 for 34 millions including the son of president Lahood
38.Bahrain: 3 companies for 7 millions
39.KSA: 2 companies for 5 millions
40.Qatar: 5 for 24 millions including Mohammad Bin Ali Althani
41.Libya: Shokr Ghanem 1 million
42.Brazil: 2 for 14.5 millions including foad Sarhan
43.Ireland: 2 for 13 millions including Riyadh Altaher
44.Nigeria: 5 for 19.7 millions
45.Kenya: Mohammad Othman for 10.5 millions
46.Bulgaria: 2 for 14 millions including socialist party
47.Austria: 2 for 4 millions including hanz Kogglier
48.Swiss: 11 for 81 millions
49.Minemar union: 5 millions for minister of forest
50.Slovakia: 4 millions for communist party
51.Ukraine: 12 for 46 millions including communist parties
52.Russia: the largest. 1 milliard and 366 millions given to the state! And the others are 46 individuals, parties, statesmen, and companies etc, given 1343.5 millions!

April 22, 2004; Claudia Rosett's Summary

The Oil-for-Food Scam: What Did Kofi Annan Know, and When Did He Know It?

This lengthy article is the best overview of the whole rotten, complicated mess that was the OFP that I have found. If you only read one thing about this story, Ms. Rosett's article is the one thing. It requires 10-15 minutes, but is far more enlightening than futilely Googling the topic for that same amount of time.

The OFP scandal goes far beyond the infamous 270 names and its implications threaten the whole current operation and leadership of the United Nations. In Ms. Rosett's words:

"What lies at the core of this story is the United Nations, and how it came to pass that an institution charged with bringing peace and probity to the world should have offered itself up—willingly, even eagerly—as the vehicle for a festival of abuse and fraud. "

(Contrary to my usual practice of excerpting only, I have taken the questionable liberty of providing the whole document, so important is the information.)

Claudia Rosett (COMPLETE DOC) - a long read..

For years, the United Nations Oil-for-Food program was just one more blip on the multilateral landscape: a relief program for Iraq, a way to feed hungry children in a far-off land until the world had settled its quarrels with Saddam Hussein. Last May, after the fall of Saddam, the UN Security Council voted to lift sanctions on Iraq, end Oil-for-Food later in the year, and turn over any remaining business to the U.S.-led authority in Baghdad. On November 20, with some ceremony, UN Secretary-General Kofi Annan lauded the program’s many accomplishments, praising in particular its long-serving executive director, Benon Sevan. The next day, Oil-for-Food came to an end.

But it has not ended. Suddenly, Oil-for-Food is with us again, this time splashed all over the news as the subject of scandal at the UN: bribes, kickbacks, fraud, smuggling; stories of graft involving tens of billions of dollars and countless barrels of oil, and implicating big business and high officials in dozens of countries; allegations that the head of the program himself was on the take. In February, having at first denied any wrongdoing, Sevan stopped giving interviews and was then reported to be on vacation, heading into retirement. By March, the U.S. Congress was preparing to hold hearings into Oil-for-Food. Kofi Annan, having denied any knowledge of misdeeds by UN staff, finally bowed to demands for an independent inquiry into the UN program, saying, "I don’t think we need to have our reputation impugned."

The tale has been all very interesting, and all very complicated. For those who look yearningly to the UN for answers to the world’s problems, it has provoked, perhaps, some introspection about the pardonable corruption that threatens even the most selfless undertakings. For those who believe the UN can do nothing right, Oil-for-Food, whatever it was about, is a delicious vindication that everyone and everything at the world organization is crooked, the institution a fiasco, and politicians who support it fit for recall at the next electoral opportunity.

The excitement may be justified, but a number of important facts and conclusions have gone missing. Oil-for-Food, run by the UN from 1996 to 2003, did, in fact, deliver some limited relief to Iraqis. It also evolved into not only the biggest but the most extravagant, hypocritical, and blatantly perverse relief program ever administered by the UN. But Oil-for-Food is not simply a saga of one UN program gone wrong. It is also the tale of a systematic failure on the part of what is grandly called the international community.

Oil-for-Food tainted almost everything it touched. It was such a kaleidoscope of corruption as to defy easy summary, let alone concentration on the main issues. But let us try.

Oil-for-Food had its beginnings in the UN sanctions imposed on Iraq following Saddam Hussein’s August 1990 invasion of Kuwait. These prohibited UN member states from trading with Iraq until the regime had satisfactorily disarmed. Saddam refused to comply, and in the aftermath of the first Gulf war the sanctions remained in place. (Even under sanctions, Iraqis were theoretically allowed to import essential foods and medicines, but Saddam’s repressive system prevented them from earning the necessary foreign exchange.) Reports fed by Saddam’s regime soon began to surface that the sanctions were imposing severe suffering on ordinary Iraqis. The UN, then led by Secretary-General Javier Perez de Cuellar, broached the idea of allowing Iraq to sell oil in limited quantities, strictly to buy relief supplies.

At first, Saddam resisted this, too. But in the mid-1990’s, perhaps because he was feeling the pinch, or quite likely because he had by then seen ways and built up the leverage to turn such a plan to his advantage, he finally agreed. On April 14, 1995, the UN (then under Boutros Boutros-Ghali) passed Resolution 986, authorizing as a "temporary measure" what become known as the Oil-for-Food program, and then spent months working out with Saddam the details of implementation.

From the start, the program was poorly designed. Saddam had blamed the fate of starving Iraqi children on the sanctions regime and specifically on the United States. Seeking to address these charges, the Clinton administration went looking for a compromise; with the Secretariat in the lead, the Security Council agreed to conditions on Oil-for-Food that were, to say the least, amenable to manipulation. Saddam, the author of the miseries of Iraq, was given the right to negotiate his own contracts to sell Iraqi oil and to choose his own foreign customers. He was also allowed to draw up the shopping lists of humanitarian supplies—the "distribution plans"—and to strike his own deals for these goods, picking his foreign suppliers. The UN also granted Saddam a say in the choice of the bank that would mainly handle the funds and issue the letters of credit to pay these suppliers; the designated institution was a French bank now known as BNP Paribas.1

To be sure, the UN reserved for itself the authority to reject Saddam’s proposed contracts and his plans for distribution of goods inside Iraq; to control the program’s bank accounts; and to ensure that Saddam’s buying and selling were in compliance with the UN’s humanitarian plan. As spelled out in Resolution 986, oil was to be sold "at fair-market value," and the proceeds were to pay solely for goods and services that would be used "for equitable distribution of humanitarian relief to all segments of the Iraqi population throughout the country."

To all this, the UN added another twist. Unlike most of its relief programs, in which both the cost of the relief itself and UN overhead were paid for by contributions from member states, Oil-for-Food would in every respect be funded entirely out of Saddam’s oil revenues. The UN Secretariat would collect a 2.2-percent commission on every barrel of Iraqi oil sold, plus 0.8 percent to pay for UN weapons inspections in Iraq.

If the aim of this provision was to make Saddam bear the cost of his own obstinacy, the effect was to create a situation in which the UN Secretariat was paid handsomely, on commission, by Saddam—to supervise Saddam. And the bigger Oil-for-Food got, the bigger the fees collected by Annan’s office. Over the seven years of the program, oil sales ultimately totaled some $65 billion. On the spending side, the UN says $46 billion went for aid to Iraq, and $18.2 billion was paid out as compensation to victims of Saddam’s 1990-91 occupation of Kuwait. As for commissions to the Secretariat, these ran to about $1.9 billion, of which $1.4 billion was earmarked for administrative overhead for the humanitarian program (the UN says it turned over $300 million of this to help pay for relief, but no public accounting has ever been given) and another $500 million or so for weapons inspections in Iraq. Discrepancies in these numbers can be chalked up to interest paid on some of the funds, exchange-rate fluctuations, or simply the murk in which most of the Oil-for-Food transactions remain shrouded to this day.


Whether Saddam should have enjoyed the right to dispose of all Iraqi oil was never questioned. In Iraq, oil was the province of a state monopoly, which Saddam in effect claimed for his own, and on that basis was the UN deal struck. The arrangement actually helped strengthen Saddam’s chokehold at home. With sanctions effectively forbidding all other foreign commerce, Iraq’s only legitimate trade was whatever flowed through Saddam’s ministries under the supervision of the UN program. Thus the UN gave to Saddam the entire import-export franchise for Iraq, taking upon itself the responsibility for ensuring that he would use this arrangement to help Iraq’s 26 million people. The success of the program depended wholly on the UN’s integrity, competence, and willingness to prevent Saddam from subverting the setup to his own benefit.

This was perhaps an impossible brief. But the Secretariat eagerly shouldered the burden, accepting along with it the commissions that flowed straight from Iraq’s oil spigots. Introduced as an ad-hoc deal, Oil-for-Food soon took on the marks of a more permanent arrangement. It was a project in which Annan had a direct hand from the beginning. As Under-Secretary General, he had led the first UN team to negotiate with Saddam over the terms of the sales under Oil-for-Food. The first shipment went out in December 1996; the following month, Annan succeeded Boutros-Ghali as Secretary-General.

Nine months later, in October 1997, Annan tapped Benon Sevan, an Armenian Cypriot and longtime UN official, to consolidate and run the various aspects of the Iraq relief operation under a newly established agency called the Office of the Iraq Program (but usually referred to simply as Oil-for-Food). Sevan served as executive director for the duration, reporting directly to Annan. The program was divided into roughly six-month phases; at the start of each phase, Sevan would report and Annan would recommend the program’s continuation to the Security Council, signing off directly on Saddam’s "distribution plans."

An issue that would later become important was how, precisely, the responsibilities for executing the program were parceled out between the Security Council—a committee of fifteen member states—and the Secretariat, run by Annan. All of Saddam’s proposed contracts flowed through the Security Council, which doubled as the Iraq "sanctions committee." But in practice, the fifteen member governments were mostly on the watch for so-called dual-use items: goods that might be used to make weapons.

As it turned out, only two of the five permanent, veto-wielding members appear to have done any overseeing at all. These were the UK and the U.S., both of which had almost no direct business with Saddam’s Iraq. The UN representatives of the other three—France, Russia, and China—devoted their energies chiefly to urging expansion of the program and forwarding the paperwork submitted by the many contractors in their respective nations whom Saddam had selected as his buyers and suppliers. As for the ten rotating members of the Security Council, some—like Syria—were among Saddam’s favored trading partners, while most of the others lacked the resources to keep track of the huge volume of business the program soon generated.

If final responsibility lay anywhere at all, it lay with the Secretariat. It was this body that fielded a substantial presence in Iraq (the U.S., apart from weapons inspectors ejected early on, had none), employing at the height of the program some 3,600 Iraqis plus 893 international staff working in Iraq for the nine UN agencies coordinated by the Oil-for-Food office; another 100 or so were employed back in New York. The Secretariat was the keeper of the contract records and the books, and controller of the bank accounts, with sole power to authorize the release of Saddam’s earnings to pay for imports to Iraq. The Secretariat arranged for audits of the program, was the chief interlocutor with Saddam, got paid well for its pains, and disseminated to the public extremely long reports in which most of the critical details of the transactions were not included.

One of the first changes introduced by Sevan was greater secrecy. According to John Fawcett, the co-author of a 70-page report on Saddam’s finances released in 2002 by the Washington-based Coalition for International Justice, the UN had been fairly open about the specifics of Saddam’s contracts during the first year of the program. From about 1998 on, however, it categorized the most germane details as "proprietary"—carefully guarding Saddam’s privacy in his business deals. Thus, there was no disclosure of such basic information as the names of individual contractors or the price, quality, or quantity of goods involved in any given deal—all vital to judging the integrity of contracts.

Instead, the Office of the Iraq Program released long lists representing billions of dollars in business but noting only the date, country of origin, whether or not the contract had been approved for release of funding, and highly generic descriptions of goods. Typical of the level of detail were notations like "electric motor" from France, "adult milk" from Saudi Arabia, "detergent" from Russia, "cable" from China. Who in particular might be profiting, or at what price, was kept confidential. Nor did the UN disclose interest paid on the Oil-for-Food accounts at BNP Paribas or (possibly) other banks, which toward the end of the program held balances of more than $12 billion. Nor did it ever share with the public the details of how the $1.9 billion in commissions flowing from Saddam for aid and arms inspections (the latter were discontinued from late 1998 to late 2002) were spent by the UN Secretariat.

The year 1998, the first full year of the program under Sevan’s directorship, is of special interest in this connection. For starters, if evidence cited in the Wall Street Journal turns out to be correct, this was the year in which Saddam’s government may have begun covertly sending gifts of oil to Sevan himself by way of a Panamanian firm. It was also the year in which the UN terminated a contract with a UK-based firm, Lloyd’s Register, for the crucial job of inspecting all Oil-for-Food shipments into Iraq, and replaced it with a Swiss-based firm, Cotecna Inspections, with ties to Kofi Annan’s son Kojo. At the time, neither Cotecna nor the UN declared these ties as a possible conflict of interest, which they were.2

Also in 1998, at Sevan’s urging, the UN expanded Oil-for-Food to allow Saddam to import not just food and medicine but oil-industry equipment, and at Annan’s urging more than doubled the amount of oil Iraq was allowed to sell, raising the cap from roughly $4 billion to more than $10 billion per year. That same year, after much hindering and dickering, Saddam threw out the UN weapons inspectors—forbidding their return until the U.S. and Britain finally forced the issue four years later.

This brings us to 1999-2000, when, following Sevan’s urging, the program expanded yet further; with more funds devoted to the oil sector, and with the weapons inspectors gone, the UN now removed the limits on sales. In 2000, Saddam enjoyed a blockbuster year. By this time he was not only selling vastly more oil but had institutionalized a system for pocketing cash on the side.

It worked like this. Saddam would sell at below-market prices to his hand-picked customers—the Russians and the French were special favorites—and they could then sell the oil to third parties at a fat profit. Part of this profit they would keep, part they would kick back to Saddam as a "surcharge," paid into bank accounts outside the UN program, in violation of UN sanctions.

By means of this scam, Saddam’s regime ultimately skimmed off for itself billions of dollars in proceeds that were supposed to have been spent on relief for the Iraqi people. When the scheme was reported in the international press—in November 2000, for example, Reuters carried a long dispatch about Saddam’s demands for a 50-cent premium over official UN prices on every barrel of Iraqi oil—the UN haggled with Saddam but did not stop it.

Beyond that, Saddam had also begun smuggling out oil through Turkey, Jordan, and Syria. This was in flagrant defiance of UN sanctions and made a complete mockery of Oil-for-Food, whose whole point was to channel all of Saddam’s trade. The smuggling, too, was widely reported in the press—and shrugged off by the UN. In the same period, Saddam imposed his own version of sanctions on the U.S., demanding that Oil-for-Food funds be switched from dollars into euros. The UN complied, thereby making it even harder for observers to keep track of its largely secretive and confusing bookkeeping.

As Oil-for-Food grew in size and scope, the U.S. mission to the UN began putting a significant number of its relief contracts on hold for closer scrutiny. Both Sevan and Annan complained publicly and often about these delays, describing them as injurious to the people of Iraq and urging the Security Council to push the contracts through faster. What Sevan did not convey was that, by 2000, complaints had begun reaching him about Iraqi government demands for kickbacks from suppliers on the relief side. These (according to a recent report in the Financial Times) Sevan simply buried, telling complainants to submit formal documents to the Security Council through their countries’ UN missions (something they had no incentive to do since Saddam would most likely have responded by scrapping the deals altogether).

By 2002, the sixth year of the program, it was no longer credible that the UN Secretariat could be clueless about Saddam’s systematic violations and exploitation of the humanitarian purpose of Oil-for-Food. On May 2, in a front-page story by Alix M. Freedman and Steve Stecklow, the Wall Street Journal documented in detail Saddam’s illicit kickbacks on underpriced oil contracts, noting that "at least until recently, the UN has given Iraq surprising influence over the official price of its oil." In fact, against the resistance of Russia, France, China, and the UN Secretariat, the U.S. and Britain had been trying to put a halt to the kickbacks through an elaborate system to enforce fairer pricing—but with only limited success. Sevan, clearly aware of the scam, was quoted in the Journal article as saying he had "no mandate" to stop it.

Apparently, however, there was a near-boundless mandate for the Secretariat to expand the scope of the spending. A mere fortnight later, on May 14, 2002, the Security Council passed a resolution cutting itself out of the loop entirely on all Oil-for-Food contracts deemed humanitarian, and giving direct power of approval to the Secretary-General. Henceforth, the Security Council would confine its oversight to items of potential dual use, such as chemical spraying equipment, or forbidden goods like highly enriched uranium, nuclear-reactor components, and the like. Unimpeded responsibility for the "humanitarian" aspect of the program fell to Annan.

The next month, "humanitarian" became a broad category indeed. On June 2, Annan approved a newly expanded shopping list by Saddam that the Secretariat dubbed "Oil-for-Food Plus." This added ten new sectors to be funded by the program, including "labor and social affairs," "information," "justice," and "sports." Either the Secretary-General had failed to notice or he did not care that none of these had anything to do with the equitable distribution of relief. By contrast, they had everything to do with the running of Saddam’s totalitarian state. "Labor," "information," and "justice" were the realms of Baathist party patronage, propaganda, censorship, secret police, rape rooms, and mass graves. As for sports, that was the favorite arena of Saddam’s sadistic son Uday, already infamous for torturing Iraqi athletes.

Then came the autumn of 2002, when President Bush delivered his warning to Saddam to comply with sixteen previous UN resolutions to disarm, and the U.S. persuaded the Security Council to pass a seventeenth. Though there was by this time no dearth of damning information in the public domain, Oil-for-Food rolled on. On September 18, the Coalition for International Justice released its heavily researched report, Sources of Revenue for Saddam & Sons, documenting rampant corruption and smuggling under UN sanctions and Oil-for-Food, warning of an Iraqi shift from "informal, on-the-sly deals" to increasingly "brazen and formal government-to-government arrangements," and asking how, "given . . . the world’s largest humanitarian program ever, can there remain shortages of basic medicines and foodstuffs" in Iraq? Four months later, with Saddam still defiant and war looking likely, Annan signed a letter to the Security Council in which, among other things, he approved the use of $20 million in Oil-for-Food funds to pay for an "Olympic sport city" and $50 million to equip Saddam’s propaganda arm, the Ministry of Information.3

By then, of course, debate over Iraq was raging in the Security Council, and the U.S. and Britain were bitterly at odds with France and Russia. Annan weighed in publicly on the side of the latter, urging yet more time and tolerance. He did not mention his own interest as the boss of a massive relief program funded by Saddam. Neither did he mention that Saddam’s commercial deals heavily favored French and Russian companies, though he had access to actual numbers about those deals that, thanks to UN secretiveness, the public did not.

On March 17, with the U.S.-led coalition poised to invade, Annan pulled his international staff out of Iraq. Three days later, as coalition forces rolled into Iraq, he expressed regret that war had come "despite the best efforts of the international community and the United Nations." Describing the UN as the keeper of international "legitimacy," he assured the Iraqi people that, as soon as possible, the UN would be back to do "whatever it can to bring them assistance and support."

Following the fall of Saddam’s regime, the U.S.-led coalition decided that Iraq had experienced enough of UN-style "assistance and support," at least as far as Oil-for-Food was concerned. With Russia and France suddenly willing to go along, perhaps to avoid scrutiny of Oil-for-Russia and Oil-for-France, the Security Council voted unanimously on May 22 that the program should be wound down. No more oil revenues were to flow in, but the UN Secretariat was to continue administering the remaining relief contracts until November, when any unfinished business would be turned over to the Coalition Provisional Authority (CPA) in Baghdad.

At that stage, Oil-for-Food had close to $13 billion in BNP Paribas’s Iraq accounts, most of it set aside to pay for contracts already approved. During the summer and early fall, the New York office began tidying up loose ends, renegotiating, "prioritizing," and basically removing the graft elements from the remaining contracts before handover to the CPA. In these efforts, the UN got some prompting from the U.S. Defense Contract Management Agency (DCMA)—the agency that has been auditing Halliburton’s recent activities in Iraq.

From the thousands of remaining contracts, the DCMA (together with the Defense Contract Audit Agency) culled a batch of 759 of the largest deals, valued altogether at $6.9 billion. The reviewers estimated that among these contracts, almost half were overpriced by about 21 percent, for a total of $656 million that Saddam’s regime had overpaid. This was in all likelihood the kickback component, part of which the suppliers were meant to share illicitly with the regime. Dryly, the DCMA’s report adds that, in the course of its researches, "Some items of questionable utility for the Iraqi people (e.g., Mercedes Benz touring sedans) were identified."

By the time the Oil-for-Food office was finished renegotiating its contracts, it had scrapped more than a quarter of them. Some of the reasons, listed in UN public documents, are intriguing. There was, for example, the Syrian supplier of "spare parts for rotating equipment" whom it was "not possible to contact"; the Lebanese vendor of "welding machines" who was "unwilling to accept the 10-percent deduction"—i.e., a price minus the bribe-plus-kickback; and the Jordanian seller of school furniture whose contract had to be dropped because "company does not exist and the person in charge moved to Egypt."

Then came the formal ceremonies to which I have already alluded. On November 19, Sevan’s office put out a press release praising Oil-for-Food as "one of the most efficient of UN programs." On November 20, Annan chimed in with his own praise for Oil-for-Food, paying tribute to the staff and "particularly to its executive director, Benon Sevan." On November 21, almost seven years after setting up shop as a temporary and limited measure to bring food and medicine to hungry people in Iraq, the program shut down, handing the CPA a royal mess.

Sevan had assured the Security Council that, along with control of the more than $8 billion in funds and contracts still to be administered, the CPA would get "the entire Oil-for-Food database." In fact, the transfer was incomplete. Plenty of contract information was missing. So Byzantine were the BNP Paribas accounts that, rather than risk interrupting relief deliveries, the CPA simply left them under the management of the UN treasurer, who until almost a year after the fall of Saddam never got around to sending any current bank statements, let alone prior records.4

Meanwhile, however, the Iraqi Governing Council had itself begun to pore over records of the Saddam regime from various ministries, and former Baath officials were also starting to talk. On December 5, a British adviser to the Council, Claude Hankes-Drielsma, wrote from Baghdad to Annan, urging the UN to "take the moral high ground" and appoint an independent commission to investigate profiteering under Oil-for-Food.

Not a moment too soon: now the revelations were beginning to flow rapidly. On January 25 of this year, the Iraqi newspaper Al-Mada published a list, reportedly recovered from the Iraqi oil ministry, of some 270 individuals and entities in some 50 countries who were alleged to have received vouchers good for oil from Saddam Hussein. The list was an eye-opener. It included the former French Interior Minister Charles Pasqua, British MP George Galloway, Indonesian President Megawati Sukarnoputri, the Russian nationalist Vladimir Zhirinovsky, a large number of Russian oil companies, the Russian state, and the Russian Orthodox Church. It also included the family name of the head of the UN Oil-for-Food program: Sevan.

Those named in Al-Mada’s list ignored, denied, or dismissed it on grounds that they had legitimately bought oil from Saddam. As for Sevan, he categorically repudiated the notion that he had ever received oil or oil money from the Iraqi regime, while Annan, in a statement more artfully hedged, said: "As far as I know, nobody in the Secretariat has committed any wrongdoing." A spokesman for the UN Secretariat repeated the by-now usual line that Oil-for-Food had been the most audited program at the UN—"audited to death" was the exact phrase—and in late February the Oil-for-Food office released a seven-page statement clearly aimed at deflecting blame for any graft involved with the program.

According to this official account, the Secretariat had no responsibility for confirming that contract-pricing was fair, or that suppliers were legitimate (that was the job of Saddam and the UN country missions); no responsibility for implementing the program (that too was the job of Saddam); no responsibility for either spotting or stopping corruption by Saddam via Oil-for-Food contracts (that was the job of the Security Council); and no awareness of unauthorized oil exports (though the office confirmed its knowledge of "media reports on alleged violations"). By the light of this clarification, indeed, it was hard to tell what the Oil-for-Food program was, in fact, responsible for, beyond controlling the opaque bank accounts, checking that the contracts—honest or not—were properly punctuated, watching Saddam do whatever he chose, and collecting a 2.2-percent commission on his oil.

And so we arrive at the denouement—at least so far. On February 29, the New York Times published a long news article based on "a trove of internal Iraqi government documents and financial records" unearthed by the Iraqi Governing Council. The article described oil traders lugging suitcases full of illicit cash to the ministries and cited stacks of evidence showing that, through Oil-for-Food, Saddam’s regime had squirreled away billions for itself while ordinary Iraqis received expired medicines and substandard rations.

Still the UN hung tough. On March 3, Hankes-Drielsma notified Annan that Iraqi authorities had asked an auditing firm, KPMG International, and a law firm, Freshfields Bruckhaus Deringer, to prepare an independent report. In his letter, Hankes-Drielsma explained his reasoning:

Based on the facts as I know them at the present time, the UN failed in its responsibility to the Iraqi people and the international community at large. The UN should not be surprised that the Iraqi people question the UN’s credibility at this time and any future role for the UN in Iraq. It will not come as a surprise if the Oil-for-Food program turns out to be one of the world’s most disgraceful scams and an example of inadequate control, responsibility, and transparency, providing an opportune vehicle for Saddam Hussein to operate under the UN aegis to continue his reign of terror and oppression.

On March 10 came confirmation that Annan’s son Kojo had held a consultancy with Cotecna right around the time the company won the UN job to inspect goods coming into Iraq. On March 11 came an article in the Wall Street Journal detailing further links between Saddam’s oil largesse and Sevan. The following week came word that Congress would hold hearings on Oil-for-Food. And on March 19, having ignored, stonewalled, and denied, Annan finally conceded that "it is highly possible there has been quite a lot of wrongdoing," and called for an independent inquiry.

As the various audits, investigations, and hearings gear up to delve into the saga of UN involvement in Saddam’s Iraq, we may learn even more about his worldwide net of corruption. With skill, we may locate some of the billions he is believed to have salted away under UN oversight. With luck, we may get to this money ahead of the terrorists with whom he consorted—if they have not gotten to it already. Already known, for example, is that two firms doing business with Saddam through Oil-for-Food were linked to financier Ahmed Idris Nasreddin, now on the UN’s own watchlist of individuals "belonging to or associated with" al Qaeda.

But let us retain our focus. That Saddam Hussein was a monster and a corrupt monster is not news. That he would exploit, for massive personal gain, a humanitarian program meant to relieve the miseries of his countrymen is horrifying but hardly astonishing. Nevertheless, any investigation that confines itself to detailing the abundantly evident corruption of Saddam Hussein will have missed the point.

What lies at the core of this story is the United Nations, and how it came to pass that an institution charged with bringing peace and probity to the world should have offered itself up—willingly, even eagerly—as the vehicle for a festival of abuse and fraud.

To begin with, Oil-for-Food was an enormous venture in central planning, the biggest project of its kind launched in many a decade and one that utterly ignored the lessons about such systems learned at agonizing cost over the past century. The UN Secretariat, in its well-paid arrogance, set out to administer virtually the entire economy of Iraq. Under its eye, all legitimate trading privileges became the franchise of a tyrant who laid first claim to every barrel of oil and every dollar (or euro) of proceeds. How could Oil-for-Food not help consolidate Saddam’s grip on power? Nevertheless, it was with this grand thief of Baghdad that the UN cut its humanitarian deal, chalking in a fat commission for the Secretariat.

Nor did anyone in the UN system so much as lift an eyebrow, even after questions began to be raised. Last November, before the Security Council of the United Nations, the organization’s Secretary-General proclaimed it a splendid achievement that the UN had legitimized a scheme by which 60 percent of Iraq’s population depended entirely on the rationing cards of a totalitarian state. This was an event that should have seized the vaunted international community with horror. Instead, from out of the mouth of the Angolan ambassador who that month was chairing the UN Security Council there issued only unctuous praise for "the exceptionally important role of the program in providing humanitarian assistance to the people of Iraq."

But all that is only prelude. The scope of UN dereliction is much broader, encompassing factors institutional, personal, and, finally, political.

It is true that Oil-for-Food managed to deliver to Iraqis some portion of what it promised. On sales totaling $65 billion, some $46 billion (by Annan’s uncheckable reckoning) went for "humanitarian" spending. Of this amount, an official total of $15 billion worth of food and health supplies—the original rationale for the program—had been received by the time Saddam fell. The actual figure was no doubt considerably less if you factor in the kickbacks and spoiled goods; from the remainder came the equipment for Saddam’s oil monopoly, the construction materials, the TV studio systems, the carpets and air conditioners for the ministries, and all the rest.

But at what cost? Are we supposed to conclude that, in order to deliver this amount of aid, the UN had to approve Saddam’s more than $100 billion worth of largely crooked business, had to look the other way while he skimmed money, bought influence, built palaces, and stashed away billions on the side, at least some of which may now be funding terror in Iraq or beyond?

No, something was at work here other than passive acquiescence. At precisely what moment during the years of Oil-for-Food did the UN Secretariat cross the line from "supervising" Saddam to collaborating with him? With precisely what deed did it enter into collusion? Even setting aside such obvious questions as whether individual UN officials took bribes, did the complicity begin in 1998, when Saddam flexed his muscles by throwing out the weapons inspectors and when Oil-for-Food, instead of leaving along with them, raised the cap on his oil sales? Did it come in 1999, when, even as Saddam’s theft was becoming apparent, the UN scrapped the oil-sales limits altogether? Or in 2000 and 2001, when Sevan dismissed complaints and reports about blatant kickbacks? Did it start in 2002, when Annan, empowered by Oil-for-Food Plus, signed his name to projects for furnishing Saddam with luxury cars, stadiums, and office equipment for his dictatorship? Or did the defining moment arrive in 2003, when Annan, ignoring the immense conflict posed by the fact that his own institution was officially on Saddam’s payroll, lobbied alongside two of Saddam’s other top clients, Russia and France, to preserve his regime? Certainly by the time Annan and Sevan, neck-deep in revelatory press reports and standing indignantly athwart their own secret records, continued to offer to the world their evasions and denials, the balance had definitively tipped.

Annan’s studied bewilderment is itself an indictment not only of his person but of the system he heads. If anyone is going to take the fall for the Oil-for-Food scandal, Sevan seems the likeliest candidate. But it was the UN Secretary-General who compliantly condoned Saddam’s ever-escalating schemes and conditions, and who lobbied to the last to preserve Saddam’s totalitarian regime while the UN Secretariat was swimming in his cash.

Annan has been with the UN for 32 years. He moved up through its ranks; he knows it well. He was there at the creation of Oil-for-Food, he chose the director, he signed the distribution plans, he visited Saddam, he knew plenty about Iraq, and one might assume he read the newspapers. We are left to contemplate a UN system that has engendered a Secretary-General either so dishonest that he should be dismissed or so incompetent that he is truly dangerous—and should be dismissed.

The final perfidy, though, is not personal but political. The UN, in the name of its own lofty principles, and to its rich emolument, actively helped sustain and protect a tyrant whose brutality and repression were the cause of Iraqi deprivation in the first place. What can this mean? The answer may be simply that, along with its secrecy, its massed cadres of bureaucrats beholden to the favor of the man at the top, its almost complete lack of accountability, external oversight, or the most elementary checks and balances, the UN suffers from an endemic affinity with anti-Western despots, and will turn a blind eye to the devil himself in order to keep them in power. Certainly there is much in its history and its behavior to support this view.

Perhaps, then, the complicity was there all along, built in, and was merely reinforced year after year as the UN collected the commissions and processed the funds that transformed Oil-for-Food into the sleaziest program ever to fly the UN flag and the single largest item on every budget of all nine UN agencies involved, plus the Secretariat itself. That, in the end, may be the dirty secret at the center of the Oil-for-Food scandal.

And is this the same United Nations that, now, we are planning to entrust with bringing democracy to Iraq?


Claudia Rosett
, who contributes a bi-weekly column on foreign affairs to the Wall Street Journal’s online edition, OpinionJournal.com, is a senior fellow at the Foundation for the Defense of Democracies and an adjunct fellow of the Hudson Institute.

---------------------------------------------

1 As of 2001, one of the largest shareholders in BNP was Iraqi-born Nadhmi Auchi, among Britain’s richest citizens. In the 1980’s Auchi had brokered business deals for Saddam; last year he was convicted in France of illicit profiteering as part of the huge Elf oil scandal. The UN says the Oil-for-Food contract was awarded to BNP on a strictly competitive basis.

2 According to a spokesman at the UN Secretary-General’s office, Kojo Annan had been a trainee at Cotecna from December 1995 to February 1998, and two months later was back at work for the firm as a consultant; his consultancy, which lasted until December 1998, thus coincided with the period during which the UN would have been receiving and reviewing bids for the Oil-for-Food inspection job. Both Kojo and Kofi Annan have denied that Kojo’s consulting work was in any way related to the UN.

3 This is especially significant in light of the role that would be played by Saddam’s televised propaganda during the war. In the event, Saddam may have had to rely on equipment brought in earlier under Oil-for-Food from places like France and Jordan. He was unable to take delivery of TV studio equipment ordered from Russia and approved and funded by the Secretariat on February 7, 2003, just six weeks before the war. But that was not for want of Kofi Annan’s approval.

4 Not only the occupation authority but the Iraqis themselves have failed to penetrate the UN wall of disdain, although it is their own money they wish to know about. The Iraqi Central Bank began requesting copies of the relevant BNP bank statements in July 2003. Not until late March of this year, after I aired the matter in a piece in National Review Online, was there some halting sign of movement in the UN treasurer’s office. Similar stonewalling—no accounting given, no access to statements—has met the repeated efforts of Kurds in northern Iraq to find out what happened to about $4 billion in separate allocations owed to them under Oil-for-Food.

Copyright 2003 Commentary

Posted by Stephen at April 22, 2004 12:03 AM
This entry was posted in the following categories: Opinion/Editorial
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MALAYSIA BRUNEI to BUILD TRANS-BORNEO HIGHWAY - WHEN? Can BRUNEI Bankroll the Multi Billion Project? Will it be a White Elephant for the ELEPHANTS

It will link Kuching Brunei and Sabah, N-S and E-W


“The highway will link the East and West as well as North and South and in the future towards Kalimantan

It is interesting news for the people crossing borders between Sabah-Brunei-Sarawak.to visit the Disney land in Brunei. But will the volume of traffic justify this proposed highway? Will it be toll free? Perhaps Brunei with its wealth can bankroll the whole project as a gesture of goodwill between the two countries.

Everything is in the nod stage and it will have to carry out Environment Impact studies if the highway is cutting into juggle areas. Eventually it might be a “white elephant” and the real ones can use it to migrate to new pasture areas.

----------------------------------------

The report from Bernama

M'sia-Brunei Agree To Build Trans-Borneo Highway ; August 24, 2006 20:49 PM

KEMAMAN, Aug 24 (Bernama) -- Malaysia and Brunei Thursday agreed to build the Trans-Borneo Highway to facilitate travel between the two countries in future.

Prime Minister Datuk Seri Abdullah Ahmad Badawi said the proposed highway would link Kuching (Sarawak) to Brunei and Sabah.

The project was seen as crucial as it could contribute towards closer relations between the peoples of the two neighbouring countries, he told reporters after a four-eyed meeting with the Sultan of Brunei, Sultan Hassanal Bolkiah in conjunction with the 10th Annual Consultation, at the Awana Kijal Golf, Beach, and Spa Resort, near here.

Also present were Foreign Minister Datuk Seri Syed Hamid Albar and Minister in the Prime Minister's Department Tan Sri Bernard Dompok.

When asked further on the project including construction cost, Abdullah said: "Wait first, it's still too early."


Abdullah said that for the long term, the government also planned to build a highway that would link the Trans-Borneo Highway to Kalimantan Indonesia.

"That is a project which we have to consider later, it's not necessary to implement the project (to Kalimantan) immediately," he said.

On travel between Sabah and Brunei, the Prime Minister said both governments had also agreed to come up with travelling procedures without using the passport.

"This can be worked out and Brunei has agreed (on the matter), discussions had also been initiated and we hope the discussion can come up with what we are hoping for," he said.

He said such facility had already been implemented in Sarawak and would be extended to Sabah.

"The Sultan of Brunei had said that many people from Sabah go to Brunei. This means, such a facility is needed to make it easier for travellers," he said.

On the petroleum issue involving Malaysia and Brunei off the Sabah shores which had cropped up since 2002, Abdullah said the matter was still being discussed at the officers' level between the two countries.

The dispute arose when the national oil corporation, Petronas, discovered oil reserves about 150 metres from the Sabah coast in 2002 which was estimated to contain up to 700 million barrels of reserves.

At the meeting, Abdullah said he and the Sultan of Brunei expressed regret over the developments in Lebanon.

Brunei had also agreed to send a small contingent of about 100 troops together with the Malaysian contingent to Lebanon to participate in the United Nations Interim Force in Lebanon (UNIFIL), he said.
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Thursday, August 24, 2006

AUSSIE GENIUS Terry Tao 31 Won Coveted PRIZE in MATHEMATICS–Fields Medal in 2006; 221 IQ: B Sc at 16; M Sc at 17; PhD at 21, Professor UCLA at 24

We look with awe this genius who seems to accomplish so much at so young an age. But all of you possess genius minds as well, but you look to these individuals as your geniuses, who happen to connect slightly more, momentarily, with some mathematical information.

They offer this information to you as great revelations of fact. They are, through their most powerful and magnificently gigantic scopes, viewing just only a pinpoint of reality!

You do not incorporate a basic understanding of what and who you are. Therefore, how do you determine to understand what you have created within a universe? You do incorporate what you choose to call genius minds.

You are all multidimensional creatures, and you study one dimension! Therefore, you base facts upon one dimension, and you express these as temporary truths. There are myriads of dimensions we can explore!

The multidimensional nature of the human psyche gives clues as to the abilities that lie within each individual. These are part of your racial heritage. They give notice of psychic bridges connecting the known and 'unknown' realities in which you dwell. There are springboards to lead you into other levels of understanding and initiate you in journeys in which it may seem that the familiar is left far behind.

The known reality is even more precious, more "real," because you will find it illuminated both within and without by the rich fabric of an 'unknown' reality now seen emerging from the most intimate portions of daily life.

Your concepts of personhood are now limiting you personally and en masse, and yet your religions, metaphysics, histories, and even your sciences are hinged upon your ideas of who and what you are. Your psychologies do not explain your own reality to you. They cannot contain your experience. Your religions do not explain your greater reality, and your sciences leave you just as ignorant about the nature of the universe in which you dwell.

These institutions and disciplines are composed of individuals, each restrained by limiting ideas about their own private reality; and so it is with private reality that we will begin and always return, period.

If we can expand our private reality and determine to understand the nature of the unknown elements of the self, and its greater world then we can choose from a myriad of probable realities.

The fact is that in life you poise delicately and yet perfectly between realities, and after death you do the same




Terry (right) is shown with David Hunt, leader of the Australian IMO team in Washington in 2001
He's got the numbers
From The Australian; August 23, 2006

A boy genius from Adelaide has won the world's most famous maths prize.: Fields medallist Terry Tao, 31, is cited by the International Mathematical Union as a 'supreme problem-solver'

TERRY Tao was just two when he stunned a family gathering at home in Adelaide by giving a maths and spelling lesson to friends' children who were up to five years his senior. Using blocks, and knowledge he had gleaned from television, Tao showed the children how to add up and to make words.

Tao's father, Billy, an Adelaide pediatrician, remembers his son's party-stopper.

"The children were playing and the adults were talking ... suddenly, we found the children had gone very quiet," Billy Tao says.

"We found that Terry was teaching them numbers and the alphabet. The other kids were a lot older. He was showing them how to add and so on. I said 'how do you know all these numbers and alphabet?' and he said 'From watching Sesame Street'."

It was an early indication that the boy would become a world-beating genius with a 221 IQ: he had two university degrees by the age of 17, was made a professor of mathematics at 24 and, last night, the 31-year-old Tao was presented with the world's highest prize in mathematics, the Fields Medal, regarded as the discipline's Nobel prize.

He is Australia's first winner. The International Mathematical Union, which bestows the award, cites Tao as "a supreme problem-solver whose spectacular work has had an impact across several mathematical areas".

"He combines sheer technical power, and other-worldly ingenuity for hitting upon new ideas and a startlingly natural point of view that leaves other mathematicians wondering, 'Why didn't anyone see that before?'."

Tao himself is modest about the honour: "I don't really know how it will affect my career. I haven't had an award like this before. I'm trying to focus on continuing my research and other work, such as advising graduate students."

An early mentor and academic supervisor, the director of the International Centre of Excellence for Education in Mathematics, Garth Gaudry, says Tao is a phenomenon.

While most leading research mathematicians work on two or three projects at a time with collaborators, Tao juggles 10 to 15, Gaudry says.

When Gaudry took on the 12-year-old Tao at Billy Tao's behest, the youngster had already exhausted several private tutors. Then a maths professor at Flinders University, Adelaide, Gaudry taught Tao on Wednesday afternoons. He remembers "a tiny little boy, a delightful kid" with staggering "insight and brilliance", who was "completely off
the scale".

"By age 14 he was doing very advanced mathematics, the sort of thing in US first-year graduate study, and I gave him the hardest stuff," Gaudry says. "He was just so creative. I'd give him some really esoteric problems and he would just invent things and he was
absolutely spot on. The creativity was like flashes of lightning in front of my eyes. I've never had a student like this."

Gaudry says they both loved the sessions. "He was just such a happy person who enjoyed every moment of what he was doing. It was a great relationship from the beginning and that has continued to this day," he says.

Gaudry was in Madrid last night to witness Tao's investiture into the maths hall of fame.

With backgrounds in pediatrics and maths teaching, Tao's parents, Hong Kong Chinese who came to Australia in 1972, were well-placed to plan their first born's schooling.

After a premature start at primary school, Tao went back to Bellevue Heights Primary School in the Adelaide hills at age four.

His parents and principal Keith Lomax designed a staggered schooling for him.

At age six, Tao was studying some classes in grades two and three, and maths at grade six and seven level. His father says: "Some education people think that accelerated education is the way to go with all gifted children. But my concept is you have to design courses according to people. Don't accelerate beyond what is good for the child."

Tao started classes at Blackwood High School at Eden Hills in Adelaide at age seven but he remained in some classes at Bellevue Heights.

By eight he had finished primary school and, while he was studying such subjects as geography, biology and chemistry at Year 7 and 8 level, Tao was already devouring Year 11 and 12 maths and physics.

"His subjects were never strictly according to the timetable of the curriculum. It was always very loose," Billy Tao says. "This allows him to develop academically according to his intellectual ability but kept him normal socially."

Tao was always in good company. Parents Billy and Grace produced three nodes of extreme intelligence. Brother Trevor, 29, is an autistic music savant and chess champion with degrees in music who last year earned a PhD in applied mathematics from the University of Adelaide. He works for the Defence Science Technology Organisation. Youngest brother Nigel, 27, has degrees in computer science and economics and
works for the internet search company Google in Sydney.

Tao's next step into higher education was also a mixed one. He was enrolled at Flinders at the age of nine while still studying at Blackwood High. By 16 he had completed a bachelor of science degree and the following year he wrapped up a masters of science degree with honours. A PhD in maths at Princeton University in the US followed at
21
and, at 24, Tao was made professor of mathematics at the University of California, Los Angeles.

Apart from stints at the University of NSW in 1999 and 2000 and the Australian National University in Canberra from 2001 to 2003, Tao has lived full-time in the US since starting his PhD. It was Gaudry who encouraged Tao to leave Australia.

"It worked out well for me as I was exposed to different types of mathematics that I didn't encounter in Australia," says Tao. "I think I am going to stay over here (in the US) more or less permanently, though I do plan to visit Australia about once a year."

He lives in LA where he is married to Laura, an American of Korean background, and they have a son, three-year-old William, whom Billy says is "very smart, reading by himself".

Tao's work, like that of many mathematicians, is esoteric, understood and appreciated by very few, although its applications power the hi-tech modern world.

He works in a theoretical field called harmonic analysis - an advanced form of calculus that uses equations from physics - as well as non-linear partial differential equations, algebraic geometry, number theory and combinatorics. He has also made mathematical descriptions of wave motions of light in fibre-optic cables. His latest breakthrough, in a collaboration with Ben Green of Cambridge University, is to show that it is possible to compile any sequence of evenly spaced prime numbers. This is called number theory and it has challenged, confounded and entertained mathematicians for centuries.

Euclid in 300BC was the first to prove that there are infinitely many prime numbers. Number theory is at the heart of the encryption codes that organisations such as banks use to protect electronic information from hackers.

But Tao and Green's work is so new and so advanced that even they don't know what its uses might be.

"Ben and I are investigating these tools further and it looks like they are going to have many applications though of course it's hard to say at this point," Tao explains.

The under-appreciation of maths is not lost on Gaudry. "People don't appreciate that there is an enormous amount of maths research going on," he says. "The problem for maths is that some of the most famous and wonderful advances in our subject are hidden inside the technology that we enjoy."

Compact discs, mobile phones, MP3 players and special effects in movies are all products driven by maths research. But under-appreciation of maths is not limited to the uninitiated. Maths is struggling in our universities.

A recent survey by the Australian Mathematical Science Institute of job ads in The Australian's Higher Education Supplement found that in an 18-month period, 70 mathematicians had quit academic posts but only 18 ads had called for replacements.

"It's a disaster (but) the effects are not immediate," says ANU professor of mathematics Neil Trudinger. "In time they'll be translated into disadvantages in the whole scientific, technological effort in keeping up with the rest of the world."

Earlier this year, the maths department at the University of New England in northern NSW was cut from seven positions to four. "There's an expectation that four faculty members can deliver an entire academic program ... at a place that calls itself a university; it's pathetic," Trudinger says.

AMSI director Philip Broadbridge says Tao was fortunate to have studied when he did. "The time when Tao was taught and mentored you could go to virtually any university in Australia and think you could receive an education of that quality," he says. "These days, I'm not so sure."
+++++++++++++

TERRY TAO’S ACCELERATED EDUCATION

July 17, 1975: Terry Tao is born in Adelaide to Billy, a pediatrician, and Grace, a maths and physics teacher. They have two other sons, Trevor and then Nigel.

Age two: Tao shows the children of family friends how to count using blocks.

Age three: Starts primary school but is withdrawn soon after.

Age four: Restarts primary school at Bellevue Heights in the Adelaide Hills and is soon accelerated to advanced years for mathematics.

Age seven: Studies a mixture of primary school classes and secondary classes at Blackwood High School.

Age eight: Finishes primary school. Studies Year 11 physics and Year 11 and 12 maths. Teaches himself first-year university maths course.

Age nine: Starts at Flinders University.

Age 10: Bronze medallist at International Mathematics Olympiad for students not yet enrolled in a university.

Age 11: Olympiad silver medallist.

Age 12: Begins studying with tutor Garth Gaudry and continues to the level of a first-year US graduate student.

Age 13: Olympiad gold medallist.

Age 16: Graduates from Flinders with a bachelor of science.

Age 17: Masters degree in science.

Age 20: PhD in maths from Princeton University.

Age 24: Made a professor of mathematics at the University of California in Los Angeles.

Age 31: Wins Fields medal. – AUGUST 2006

Brendan O'Keefe is a higher education writer at The Australian.

http://www.theaustralian.news.com.au



NEW THEOREM PROVED BY TERRY TAO

Terry Tao, former Adelaide student and Australian IMO Gold Medallist in 1988 at the age of 12 (a feat which has never been equalled), has recently proved a mathematics theorem which has drawn wide attention and praise from within the mathematics community.

Number Theory is a glamour area of pure mathematics and the world's top mathematicians have worked for centuries on problems form this field. The distribution of prime numbers has attracted particular attention. The most important outstanding problem in all of mathematics is to be found here as Riemann's Hypothesis, which was first postulated over 150 years ago. Much of the work in getting where we are in resolving Riemann's Hypothesis has involved methods from analysis.

A particular property which is well known is the existence of pairs (with distance of two between them). Examples of this are 3 and 5, 5 and 7, 11 and 13, 17 and 19. Except for 3, 5 and 7 triples are not possible as one member would in turn have to be divisible by 3.

However the existence of larger arithmetic sequences with different "differences" has also attracted considerable interest. The eminent Cambridge mathematician GH Hardy spent much of his time pursuing the existence of other, longer arithmetic progressions.

Certainly many longer progressions, with larger differences can be found, such as 5, 17, 29, 41 and 53.

Hardy certainly believed, without being able to prove, that there were was no upper limit on the length of such a sequence.

Terry Tao, now at University of California at Los Angeles, still only 28 years old, and Ben Green, a former member of the UK IMO team and at the University of British Columbia in Vancouver (at the time of this work), have proved that there is indeed no upper limit. Arithmetic Progressions of any length can be found.

Interestingly, Terry and Ben have applied some very original ideas, also using mathematical analysis in solving this number theory problem.

This is a ground-breaking result which has attracted considerable attention.

References include New Scientist, 08 May 2004 and this maths abstracts web site.

Brief Track Record and CV

Terry Tao, Blackwood High School, SA, Bronze 1986, 1987,1988
BSc (First Class Hons, Pure Maths), Flinders 1992 (the youngest ever). Was later awarded a Fulbright Postgraduate Student Award to study for PhD at Princeton University. Finished his thesis in May 1996 and at the age of 24 became a full Professor in the Department of Mathematics at UCLA. In 2006 he was awarded a FIELDS MEDAL, the highest award in Mathematics, of status equal to that of a Nobel Prize.

Terry Tao (IMO 86,87,88) ;He won bronze, silver, gold respectively in those years.
Not very impressive...but you have to take into account of the fact that he was 12 years-old when he won the gold medal in 88. To this day, he is still the youngest ever gold medalist at the IMO.

You can see him or take up a Maths course at University of California, Los Angeles

http://www.math.ucla.edu/~tao/

His current interests are as follows:-

Wednesday, August 23, 2006

TUN SALLEH ABBAS REVEALATIONS: DR MAHATHIR AMENDED & ENACTED ONE-Sided Laws for ABSOLUTE Power; DISMISSAL of JUDGES – A Great Fraud on JUDICIARY

The events that happened in 1988 were a great shock to many at that time. The government of the day for expediency and seeing the judiciary interfering with the running of government amended and enacted draconian laws to give the ministers absolute powers on all decisions which cannot be questioned and challenged in court. The craze for power is no justification for doing so.

The call by the Bar Council to “ uncovering the truth, leaving no stone unturned, correcting the errors and injustices perpetrated, and restoring the honour of the judges” was too late. It is history now, we cannot undo what Mahathir did.

And this is confirmed by Minister in the Prime Minister’s Department Datuk Seri Mohd Nazri Aziz there were no solid reasons to re-examine the case; we cannot keep on questioning past issues, ” (see NST report below)

But alas, the past is being constantly recreated by each individual as attitudes and associations change. This is an actual recreation, not a symbolic one. Just like the child is indeed still within the man, but he is not the child that 'was', for even the child within the man constantly changes

Time as you experience it is an illusion caused by our own physical senses and so it seems to you that one moment exists and is gone forever.

If only we could grasp and understand everything in the universe exists at ONE TIME, simultaneously. The past is seldom what you remember it to be, for you have already rearranged it from the instant of any given event.

But at least we could exonerate the judges involved and free them from the stigma of blame, untrustworthiness and wrongdoing. By a Royal Commission? Justice George Seah has stated "history will exonerate me for taking a stand" in his 5-part piece in the Malaysian Bar website, titled Crisis in the Judiciary - The Hidden Story,


Salleh: Reveal truth about judicial crisis; Soon Li Tsin Aug 22, 06 6:13pm

Extract quoting Tun Salleh Abbas:

"The truth is that the dismissal and the suspension of my five colleagues was a great fraud on the judiciary and you cannot cover the truth to something fraudulent. Somehow things will emerge ... It will come out eventually. That is natural."
____
Extract quoting Tun Salleh:
...Before the judicial crisis, we were the best judiciary east of India. India was very good. We were even better than Hong Kong. That's why I describe that era really as a golden era for the judiciary. (This is) because of its integrity, competency and enjoyment of public confidence. The judges then were very highly respected.
________

Please support Malaysiakini
http://www.malaysiakini.com/news/55752

Q&A: Disillusioned but not bitter; Aug 22, 06 8:24pm

The following is an abstract of the press conference called by former Lord
President Salleh Abas at the National Heart Institute
.

* Why are you calling this press conference?

On the 17th of this month, the newspapers asked me for comments on the proposal by the Bar Council chairperson (Yeo Yang Poh) to reopen (investigation into) the judicial crisis that took place in 1988.

At that time, I was absolutely not aware (of it) because I have not read the papers. I can tell you, I haven't read the papers in a long time - it's difficult to get papers there (Bukit Payung, Terengganu). I don't read the Malay papers because I cannot read fast enough so I struggle. It's not easy to get English papers. I only read them when I get to town.

Anyhow, the newspapers have been pressing for a statement when I wasn't even aware that such a statement was made by Yeo Yang Poh. Somebody showed me The Sun so I read it, but I still don't want to make a statement.

So I'm making a statement now to put a rest to it and hoping that no more questions would be asked about my attitude or my comments. It's all there in this three-page statement. I am prepared to answer questions only on this subject and not on any other subject. Don't ask me questions beyond this subject.

* On judicial review and ministerial power

The court at one time had power which we called judicial review dealing with the complaints by the rakyat against the wrongdoing of the executive. In England, and also in India, this particular provision is very well done, very healthy. More people go to court to contest the validity of government actions but in this country, no, you can't do it. You can't do it simply because the government doesn't want to be tested as to the right and the
wrong that the government is doing.

The Courts of Judicature Act was also amended to take away the power of the judiciary to have a judicial review, and also a number of legislations, there is always a provision to the effect that the decision of any minister with certain things shall be final and shall not be questioned in court. Finish. Where are you going to go?

The clear example is, of course, press freedom. If something happens, and the government doesn't like it, legislation is passed and it's there. You then want to appeal to the minister but the minister will make a decision which will be covered by that law and cannot be questioned in court.

Even in the Police Act, for example, if the people want to have, or hold, a meeting or a rally ... you have to apply for a permit. If the permit isn't given - the OCPD would usually keep it to the last minute, or refuse altogether - there is a provision in the Police Act where you can appeal to the chief police officer but the officer can make a decision that it is final and cannot be questioned in court. Where is the freedom of expression?

In this country, we say we rule by law. There are three types of law that I was taught at my university - law of altruism, law of reciprocity and law of power. But today, I think the world is moving towards the law of power. Law of reciprocity - the benefit is mutual, the liability is also mutual. But when it comes to law of power, it is one-sided.

* What is the best way to correct the 1988 judicial crisis?

The laws must be amended. We are not talking about how to reopen (investigation into) the judicial crisis yet. To me, if you really want to make this country to be governed democratically in accordance to the law, the laws must be looked into and be amended. Then we would be in line with all other democratic countries.

* Do you have hope that the crisis will be reviewed?


After I got dismissed on August 8, 1988, I became absolutely disillusioned with the law. So much so that I never even encouraged my children or grandchildren to study law. I took my solace in being a simple gardener. But I keep praying to God that a day will arrive that the truth will come.

The truth is that my dismissal, and the suspension of my five colleagues, was a great fraud on the judiciary and you cannot recover the truth to something fraudulent. Somehow, things will emerge when you refer (to what happened) in my time, it will strain the record in the future. It will come out eventually. That is natural.

* Would you like the investigation to the judicial crisis to be reopened?

I would like it reopened, of course. The law we had was twisted. This has cost the life of one judge, Eusoffe Abdoolcadeer, who was so disillusioned with the law.

If I'm called to give evidence, I would love to do it. But as it is, it is up to the government. It is a political decision. No matter how much the public wants this matter to be reopened, finally it's the decision of the government; in what form and what manner.

Today, we still have a number of people involved in this crisis that are still alive ... George Seah who is very sick at the moment, Wan Hamzah (Wan Mohamed Salleh), (Mohamed) Azmi Kamaruddin, Abdul Talib (Othman), (Abdul) Hamid Omar - all these players are still here.

However, there is a statute of limitations (where legal proceedings are barred after a number of years). That if you were to go to court, it is too big for the court to decide. I think it's two years against the government or public authority.

* What was the catalyst of this judicial crisis?

I think it all started because of the two (Asian) Wall Street Journal reporters who made comments on certain things and their visa was withdrawn, or something like that. They took this to court. The late Harun Hashim, (who) was the judge at that time, made a very strong comment on the government on the withdrawal of the visa. From then (on), the government started to see that the judiciary was interfering with the executive.

The statement made by the former prime minister (Dr Mahathir Mohamad) against the judiciary all started from there. Some judges felt very unhappy about it. I don't think I can go further than this because if I were to tell the story, it would take months and years to finish it. I even wrote a book on it, May Day for Justice.

* Why have you not said anything before this?

Why should I say anything? Whatever I say, it would not be reported, I know that. That is why I think The Sun described me as media shy. Not without any reason.

I learned a great experience during my suspension that when I make statement, that statement got twisted and truncated that so much so an entirely different version came out. Because of that, I'm 'very shy'. I have to be very careful. The reporters are very good but the decision-making is with the editors and the editors would cut and put their own version.

But now I think the press seems to be a little bit better. And even then I am very cautious. That's why I did this statement. I don't want to talk to the crowd because I know I cannot remember what I say and they would be quarreling (over) what I say or what you say is wrong. But now you cannot quarrel because this is all black and white here.

* Do you see any positive changes from the present government compared to
Mahathir's government?


There is a certain amount of liberality in the present government. I think the press is a bit better and liberal now. We can see also there are few articles and incidents where the reports made are adverse to the government. In those days, this was not possible.

* What do you think about the judicial system?

The judicial system is there. But they are limited and shackled. We still have the Federal Court, Court of Appeal, High Court and magistrates but their powers are limited.

* Do you feel bitter about the whole episode?

I am not bitter. The first few months maybe a little disillusioned and unhappy, and then I got over it. After that I went to Australia to become a visiting professor of Monash and Melbourne universities. There, I taught Malaysian constitution and Malaysian law. They wanted me to continue with my work over there but you see, my roots are very strong in Malaysia ... I have children and grandchildren so I didn't stay long.

* How do you describe Tun Mahathir?

I have no comment. You know your own answer, don't ask me.

* How would you describe the judiciary now?

That I have no comment. I think you all know that one.

* So Tun, can you tell us what your life is like now?

I go to the kebun (orchard) once a week. I live in Bukit Payung. It is 11 kilometres from the town centre in Kuala Terengganu. I live on a farm about three quarters of an acre where I built my house. Then I plant fruit trees and they are all fruiting now. I also build two cemented pools to rear fish. But I have never eaten the fish. I have plenty of them and I like to feed them. It's a very soothing experience.

* Do you agree with public perception the people have no recourse?

There are some recourse but not full recourse as there ought to be. Before the judicial crisis, we were the best judiciary east of India. India was very good. We were even better than Hong Kong. That's why I describe that era really as a golden era for the judiciary. (This is) because of its integrity, competency and enjoyment of public confidence. The judges then were very highly respected.

Nazri: No reason to reopen the case ; 23 Aug 2006

KUALA LUMPUR: The sacking of a Lord President and two Supreme Court judges in 1988 will not be reviewed. And that’s final.

Minister in the Prime Minister’s Department Datuk Seri Mohd Nazri Aziz said there were no solid reasons to re-examine the case.

"We cannot keep on questioning past issues, otherwise there’ll never be any finality. There’s no way we’re going to re-open this matter," he said, commenting on a Press conference given earlier yesterday by former Lord President Tun Salleh Abas.

"He was tried by his peers. A panel of international judges was called. If we open this case, what other cases are people going to ask us to re-examine?"

In a case which many saw as a judicial crisis, Salleh was dismissed for misconduct in 1988 together with former Supreme Court judges Datuk George Seah and Datuk Wan Suleiman Pawan Teh.


The press conference as reported in the NST

Salleh breaks 18-year silence; Wednesday, 23 August 2006, 08:30

New Straits Times (by Minderjeet Kaur)

KUALA LUMPUR
: Breaking an 18-year silence, former lord president Tun Salleh Abas yesterday charged that the powers of the courts had been curbed.

Saying the Executive had become very powerful, he added the power of judicial review — including against decisions of ministers — should be vested in the courts.

Speaking at the National Heart Institute, Salleh supported the Bar Council’s proposal that the Government review the sacking of three judges, including himself, in 1988.

He appeared optimistic about current trends in the country, saying: "I feel there is more transparency now. People can voice out.

"Newspapers write articles sometimes opposing the Government.

"But, it is also time to review ministerial powers”. At present, it is ‘any decision of the minister shall be final and cannot be questioned by the Court’."

In 1988, Salleh wrote a letter to the King on behalf of the judges expressing disappointment over accusations made by the then Prime Minister Datuk Seri (now Tun) Dr Mahathir Mohamad against the judiciary.

Salleh was suspended. Later, five other judges were also suspended, of whom, two (the late Tan Sri Wan Suleiman Pawan Teh and Datuk George Seah) were dismissed.

Salleh, who will be 77 on Friday, was speaking to reporters after undergoing an angioplasty.

During the Press conference, he distributed a press statement on issues relating to the 1988 episode which led to a crisis in the judiciary.

"Since the judicial crisis took place in 1988, the Government has tried to clip the power of the judiciary. The way to do it, which I think is absolutely wrong, is to take away the vesting of judiciary authority from the courts.

"At one time, the courts had what we call the power for judicial review which is to receive complaints from the rakyat against wrongdoings and abuse of power."

He said the public should be allowed to take their complaints to the upper courts as practised in England and India. "It is very healthy.

"But in this country, you can’t do that simply because the Government does not want to be tested as to the rights and wrongs of the Government’s doing."

He proposed the laws be amended to allow greater judicial independence.

"For example, if people want to hold a meeting, a rally or a speech, they need to apply for a permit but if the permit is not given by the local police chief, you can appeal to the chief police officer. But his decision is final and cannot be questioned in court.".

After the 1988 crisis, Salleh said he became disillusioned with the law.

"So much so that I never encouraged my children and grandchildren to take up law. I took my comfort and solace in becoming a simple gardener."

Asked how the 1988 crisis took place, he said it started when two Asian Wall Street Journal reporters made certain comments for which their visas were withdrawn. The matter went to court.

"Justice Datuk Harun Hashim then made a very strong comment on the power of the Government to withdraw the visa. The Government started to see the judiciary as interfering with the Executive. A lot of statements were made by the previous Prime Minister against the judiciary. I don’t want to go further than that."

(In September 1986, the Government suspended the publication of the Asian Wall Street Journal and served a 48-hour expulsion order on two of its reporters — John Berthelsen and Rapheal Pura. The Journal challenged the order in court. The Supreme Court ruled on Nov 3 that the suspension of the Journal and the expulsion order on the journalists were wrong. The paper resumed publication and the expulsion order was quashed.)

Salleh said: "Political parties should not be a law unto themselves whereby disputes within the parties are not the subject of judicial review. Thus the parties become judges in their own cause, a clear violation of the principle of natural justice.

"More than this, the appointment and promotion of judges must be transparent if unhealthy frustration within the judiciary is to be avoided."

Bar Council president Yeo Yang Poh had said recently that a major mistake which had damaged democracy and the rule of law in the country was the "shameful episode in 1988 when the institution of the judiciary was attacked by the executive, resulting in the unfair and unceremonious dismissal of three top judges, and injuring many more".

Salleh said the council’s proposal to review the matter was for the country’s benefit, "which we want to see being governed democratically and in accordance with the rule of law, so that the system will endure for many generations to come".

He added the Bar Council’s proposal should not be taken lightly as it involved a serious attempt to restore the judiciary to its "former golden era".

On Minister in the Prime Minister’s Department Datuk Seri Nazri Abdul Aziz’s statement dismissing the proposal, Salleh said: "Reading (Nazri’s) statement, I can only conclude it was made impromptu, off the cuff, without much study... I thought it was made in haste."

Salleh said he had no personal interest in the investigation, adding any such decision would be "a political decision... It would be up to the Government".

However, if called upon to give evidence, he said: "I would definitely like it."


Salleh: The law we had before was twisted

Q: Why haven’t you said anything before this?

A: Why should I say anything? ...I knew whatever I said would not be reported. That is why The Sun described me as media shy, not without any reason... When I made a statement, my statements were twisted and truncated. A different version entirely came out... The decision makers were the editors who... put their own version. But now, the Press seems to be a little bit better.

Q: You have asked for provisions in the Constitution to be amended. Which provisions are you referring to?

A: In the Constitution, as originally drafted by the Reid Commission and implemented right up to the time of the judicial crisis, there are three branches of the Government. It is a question of vesting of these powers. Legislative authority is vested in Parliament. Executive authority is vested in the Yang di-Pertuan Agong, and exercised by the Cabinet in the name of Yang di-Pertuan Agong. The third branch is the judicial authority. Judicial authority is vested in the High Courts and the other courts as well.

Parliament may pass legislation to establish courts other than the superior courts, that is the High Courts in peninsula Malaysia and in Sabah and Sarawak, the Court of Appeal and the Federal Court.

Since the judicial crisis has taken place, the Government... has tried to clip the power of the judiciary. The way to do it, which I think is absolutely wrong, is to take away the vesting of judicial authority from the courts.

If you read the Constitution today, there is no such thing as "judicial authority shall be vested in the High Courts or Court of Appeal or whatever court". It says there shall be two high courts. Where is the power?

Q: Do you hold any hope of this (legislation being looked into and amended) happening?

A: I tell you the truth. After I was dismissed on Aug 8, 1988, I became absolutely disillusioned with the law. So much so that I never encouraged my children and grandchildren to study law. But I took my comfort and solace in becoming a simple gardener. But I kept on praying to God that a day would arrive that the truth would triumph.

Q: What is the truth?

A: The truth is that my dismissal and the suspension of five colleagues, two of whom were dismissed, was a great fraud on the judiciary. Somehow or other the truth will emerge.

Q: Was it the law that started the problem?

A: No... but the law that we had before was twisted. It was a clear example of the use of the law of the power. It cost the life of one judge, the late Tan Sri Eusoffe Abdoolcader. He was so disillusioned with the law.

Q: Are you willing to testify?

A: If I am called to give evidence, I definitely would like to do it. But it is up to the Government.

Q: Are there any unanswered questions from the 1988 crises?

A: There are a lot of unanswered questions. But I am not prepared to answer, to give details at the moment. The whole thing is all wrong.

Q: What do you think prompted the crisis?


A: It all started because of the two Asian Wall Street Journal reporters who made comments on certain things... and I think their visa was withdrawn. The matter went to court. The late judge Datuk Harun Hashim made a very strong comment on the part of the Government to withdraw the visa. From then, the Government started to see that the judiciary was interfering with the executive. A lot of statements were made by the previous PM against the judiciary... and judges felt very unhappy with it. I don’t think I can go further than that.
____


Background (earlier reports)

Tun Salleh Mum Over Investigation Proposal August 16, 2006 14:05 PM

KUALA LUMPUR, Aug 16 (Bernama) -- Former Lord President Tun Salleh Abas was tight-lipped over a proposal by the Bar Council that a thorough review of the sacking of three of Malaysia's top judges nearly 20 years ago be carried out.

The media-shy former top judge, when met by reporters, said he had yet to read the Bar Council's proposal and thus had no comment to make.

"Let me read it first...I have not read the report," Salleh said after launching as-Salihin Trustee Bhd, which specialises in Islamic estate planning, at a leading hotel here.

The three judges sacked for misconduct by a special tribunal set up by the then government were Salleh and Federal Court Judges Datuk George Seah and Datuk Wan Suleiman Pawanteh.

Yesterday Bar Council president Yeo Yang Poh, in a statement called for a thorough review of the 1988 sacking of the three judges, during the tenure of then Prime Minister Tun Dr Mahathir Mohamad, which he described as the "darkest days for the Malaysian judiciary".

Yeo said an impartial re-examination of the attack by the Executive then on the judiciary was necessary to restore the honour of the judges.

The Bar Council's statement was issued in the wake of the on-going allegations by the former prime minister against his successor Datuk Seri Abdullah Ahmad Badawi.

The Bar Council said the on-going criticism by Dr Mahathir against the current administration had rekindled discussions of the numerous deeds and misdeeds of the government under more than two decades of the previous leadership.
http://www.bernama.com/bernama/v3/news.php?id=214227


Bar wants sacking of judges reviewed

KUALA LUMPUR: The Bar Council has called for a review of the 1988 sacking of three top judges during Tun Dr Mahathir Mohamad's administration.

Its president Yeo Yang Poh said in a statement that an impartial re-examination of the attack by the Executive on the judiciary was necessary to restore the honour of the judges who “for no more than asserting their independence were so cruelly sacrificed at the altar of political power play”.

He said the re-examination was absolutely crucial, not just for those judges and others who had “suffered at the unseen hands in the perversion of justice”.

The three judges sacked for misconduct by a special tribunal were then Lord President Tun Salleh Abas and Federal Court judges Datuk George Seah and Datuk Wan Suleiman Pawanteh.

Yeo said the sacking had brought severe damage to democracy and the rule of law in the country.




PRESS RELEASE: Injustices of the Past

The on-going allegations by the former prime minister against the current Prime Minister, when rid of all its political trappings, do summon attention to important issues such as the freedom of speech and of information, freedom of the press, corruption, accountability, and the like.

In addition to drawing attention to what is currently taking place, it has also rekindled discussion of the numerous deeds and misdeeds of the government under more than 2 decades of the previous leadership. A number of commentators have already pointed out that, while Malaysians support the call for greater freedom, it is ironic that this call should come from the very person who placed tight and suffocating shackles on various forms of freedom during his time, and who was responsible for developing and fostering an environment steeped in intolerance and fear.

The system and the environment that the former prime minister now vehemently attacks are not the new creation of the present Prime Minister. The current leadership in the last 3 years has to some extent loosened a few of the handcuffs on society inherited from before. The proper criticism should be that not enough is being done to quickly undo all the wrongs committed in the past in various areas of governance.

One colossal mistake of yesteryears that has brought disastrous damage to democracy and the rule of law in this country, and one which the Malaysian Bar has for many years stood firmly against, is the shameful episodes that took place in 1988, when the institution of the Judiciary was unjustifiably but successfully attacked by the Executive, resulting in the glaringly unfair and unceremonious dismissal of 3 of our top judges, injuring many more.

Those were the darkest days for the Malaysian Judiciary. Those were the sickest hours of Executive incursion into the Judiciary. The concept of separation of powers was discarded like a piece of dirty tissue. The independence of the Judiciary was trampled upon like some disused doormat. Those shameful events have left gaping wounds in the Malaysian society, from which we are yet to fully recover.

The wounds have neither healed nor closed. Society has suffered, and will continue to suffer, from the gross injustice some 18 years ago, that has given birth to other injustices. Our justice system is not what it once was. It is time to right the wrongs of the past. We can undo the damage caused, but only if we confront and deal with the errors of the past, no matter how painful the process may prove. It will do us no good if we continue to sweep things under the carpet, and pretend that calamity never struck.

The Bar Council calls upon the Government to take immediate steps to cause a thorough and impartial re-examination of the events of 1988 to be carried out, with the view to uncovering the truth, leaving no stone unturned, correcting the errors and injustices perpetrated, and restoring the honour of the judges who for no more than asserting their independence were so cruelly sacrificed at the altar of political power play. It is time to return to them the good name they never deserved to lose, and to make amends for what they had lost for no fault of their own.

This is absolutely crucial, not just for those judges and others who have suffered at the unseen hands of the perversion of justice. This is equally important for the institution of the Judiciary, and indeed for the nation as a whole. History requires the truth, and society demands what is just.

If an independent Judiciary can be savagely destroyed and if those who engineered or allowed the destruction can get away with it forever, then the rest of society has little hope for justice.

Yeo Yang Poh; President; Malaysian Bar
; 15 August 2006

Tell Us What You Think by Haji Sulaiman Abdullah on 2006-08-16 06:48:34


I salute the timely and courageous call by Yeo Yang Poh, the President of the Malaysian Bar, to the Malaysian Government to re-examine the severe assault on the Judiciary carried out by the Mahathir Administration in 1988.

Three judges of outstanding integrity, ie, YAA Tun Salleh Abas, YA Tan Sri Wan Suleiman, and Datuk George Seah were removed through tribunal proceedings universally condemned as being a travesty of normal principles of fair play, justice, and proper procedure.

It was one of the most shameful episode in our nation's history. So long as this stain is allowed to remain it will forever blot whatever pretensions we have of progress to an open, just, transparent civil society.

While we are re-examinig all the damage caused to our nation by the unbridled ambitions and warped perceptions of one man the 1988 Assault On The Malaysian Judiciary is a glaring injustice that must be courageously tackled and generously redressed.

Justice and the National Interest require immediate action by all concerned parties to respond to the call of the Malaysian Bar!



and the Caravan moves on, a letter in Msiakini

After Dr M, time to move forward Azrai

Which is better? I prefer moving forward. Change has been due for too long now. Now we can improve in other ways and return democracy and the written constitution as our pillars. It may take a while before it is completed, but pursue it we must.
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PM ABDULLAH DILEMMA over SINGAPORE's Parkway Holdings Ltd 30 % STAKE in PANTAI Holdings Bhd. DESPITE the Difficulties, DEAL to STAY?

Prime Minister Datuk Seri Abdulah Ahmad Badawi is in a dilemma over Singapore's Parkway Holdings Ltd 30 per cent stake in Pantai Holdings Bhd. which owns two government concession companies that come with shareholding restrictions.and both concessions are believed to be in breach of the requirement to have 51 per cent Malaysian and 30 per cent bumiputra shareholding at all times.

What message will PM Abdullah sent to foreign investors? Despite the difficulties, the deal to remain?

Read on…from
http://business-times.asiaone.com/

It's best to leave the Parkway-Pantai deal alone
There's merit in the old Arab saying: the dogs may bark but the caravan
moves on;
By S JAYASANKARAN KL CORRESPONDENT;Published August 21, 2006

THE Parkway Group's purchase of a controlling 30 per cent interest in Malaysian healthcare provider Pantai Holdings is in danger of being scuttled by politics.

In November last year, Parkway, a Singapore-listed but American-owned healthcare firm, bought into Pantai in a purchase that was immediately flagged by financial analysts as potentially sticky. Reason: Pantai owns two government concession companies that come with shareholding restrictions.

The two are Fomema and Pantai Medivest. The former has a 15-year concession to manage and supervise compulsory medical check-up's for foreign workers while Medivest has a concession to provide support health services for all hospitals in the southern region of Peninsular Malaysia.

More to the point, Fomema's charter stipulates that it has to have 51 per cent Malaysian and 30 per cent bumiputra shareholding at all times. Medivest does not have such an explicit requirement but most analysts believe it is deemed to have it in any case.

Which raises a problem: with Parkway's takeover, both concessions are believed to be in breach. And unless it is rectified, it can constitute grounds for government termination of the concession agreement.

Unfortunately, this is hardly the right kind of signal to transmit for a country wanting to woo foreign portfolio investment. Malaysia has investment guarantee agreements with many countries including Singapore which basically reassures investors that they will not lose out if things are changed mid-stream.

One can hardly blame Parkway in this matter. Pantai is a listed company in a non-regulated sector which is why the deal went through on a willing-buyer-willing-seller basis without opposition or caveat from any government agency. So, the deal had nothing to do with government incompetence, omission or favouritism.

At the heart of the matter is the political spat between Prime Minister bdullah Ahmad Badawi and former premier Mahathir Mohamad. Parkway is caught n a political crossfire between the two camps with one accusing the premier of being soft on certain countries, of selling the family silver to foreigners.

Now the opposition Islamic Party of Malaysia has jumped on the bandwagon and the spreading resonance seems to have spooked the premier who said last week that there was 'a problem' with the deal. Mr Abdullah said that the treasury was looking into the deal to see how it can be resolved.

Mr Abdullah is in an unenviable position because he's damned if he does and damned if he doesn't. If the contracts are simply cancelled, Malaysia gets a black eye in foreign investment circles.

If he instructs the concessions to be bought over by, say, Khazanah – which is probably the only party that can afford to buy it at a fair price – his critics will scream 'bailout'. Perhaps the best thing for the premier to do is to ignore it along the lines of an old Arab saying: the dogs may bark but the caravan moves on. And the premier can take a leaf out of Dr Mahathir's own book in this regard.

In 2001, Mokhzani Mahathir, his son who owned Pantai previously, sold the company to Chinese businessman Lim Tong Yong amid loud questions from the Opposition. The caravan moved on.

http://www.zoomfinance.com/

MALAYSIA'S PANTAI HOLDINGS SEES TWO OFF-MARKET BLOCK DEALS
- DEALERS 21-Aug-2006 14:57:00

KUALA LUMPUR (XFN-ASIA) - Pantai Holdings Bhd saw two blocks of shares, representing 2.53 pct and 1.76 pct of its share capital, changing hands in off-market deals, dealers said.

The 2.53 pct block, comprising 12.91 mln shares, changed hands for 29.71 mln rgt or 2.30 rgt a share, they said.

Another 9 mln shares, representing the 1.76 pct stake, changed hands for 21.06 mln rgt or 2.34 rgt per share.

The identities of the parties involved were not immediately known.

At 2.37 pm, Pantai was up 0.06 rgt or 2.61 pct at 2.36 on volume of 957, 500 shares.

Background -Events in 2005

On September 14 2005, Singapore's Parkway Holdings Ltd has acquired a 31 per cent stake in Pantai Holdings Bhd for RM312 million (US$82.8 million) to emerge as the largest shareholder of the leading private healthcare service provider in Malaysia. Analysts said the move by Parkway, South-east Asia's largest healthcare provider, may spark consolidation in private hospitals in Malaysia.

On Tuesday, Parkway purchased 89.7 million shares, for a 22.5 per cent stake, from Pantai's chief executive officer Datuk Lim Tong Yong for RM2.45 each at a 50 per cent premium to Pantai's closing price of RM1.63 on Monday, it said in a statement on Tuesday. Parkway bought an additional 35 million shares, or an 8.8 per cent stake, in the open market for RM1.70 each. The company also purchased 24.3 million warrants from Datuk Lim for RM1.33 apiece, bringing the total to RM311.6 million. Parkway, which is 26 per cent owned by US private equity fund Newbridge Capital, said there will be potential operational synergies with its existing two Malaysian hospitals and other hospitals in the region.

With the deal, Parkway would control Pantai's seven hospitals and about 1,000 beds. An analyst from Nomura Advisory Services told the Business Times that the entry of Parkway, an established healthcare provider with a proven track record, would substantially boost Pantai's performance. "There are not many players within Malaysia. Given Parkways entry, it should facilitate those who want to sell," the analyst said. JP Morgan's research head Melvyn Boey told the paper: "Most important (about the purchase) is that Parkway is very experienced in the healthcare industry and the whole consolidation exercise will help the industry." The entry of Parkway, the owner of the Gleneagles group of hospitals, could alert other private hospitals that there is a ready buyer in town.

And from Spore ST; Monday, August 14, 2006

S'pore investments become KL political fodder

Mahathir-Abdullah spat drags in issue of Singapore companies taking stakes in Malaysian firms

By Reme Ahmad; The Straits Times

THE purchase of any strategic Malaysian firm by Singaporean companies is a sensitive matter at the best of times for bilateral ties.

Now with the spat between former prime minister Mahathir Mohamad and his successor showing no signs of easing, past acquisitions from Singapore or rumours of new ones are bound to draw more fire.

The acquisitions by Singapore companies of stakes in national telecommunications firm Telekom Malaysia and carmaker Proton in recent years have not been forgotten.

But investments from Singapore have been thrown into the spotlight after Prime Minister Abdullah Badawi, in a widely viewed television interview rebutting Tun Dr Mahathir's attacks, last week was asked why Singapore firms often get negative reactions over deals.

'What is wrong with foreign companies buying shares in our companies? This should be seen in a positive way as it shows that they have confidence in our companies,' said Datuk Seri Abdullah.

'We allow foreign companies, be they from the United States, Korea or Japan, to buy the shares in Malaysian companies.

'But the case now is that when someone mentions Singapore, there are many who get angry. I do not know why, but we have to ask them,' he said.

Datuk Seri Abdullah's son-in-law, Mr Khairy Jamaluddin, alleged to be involved in deals linked to Singapore investors, also raised the issue in a speech at an Umno Youth meeting two weeks ago.

Mr Khairy, an investment banker and Umno Youth's deputy chief, urged people to find out more about the sale of health-care giant Pantai Holdings to Singapore companies before making any allegations.

While asset acquisitions by Singapore-based or Singapore government-linked companies are quite common here, political hackles are often raised when they involve what are deemed as strategic assets.

The sensitive assets include buying chunks in banks, hospital groups or telecommunications companies.

Politicians often point to the move by former prime minister Mahathir who turned down a SingTel plan to buy a stake in telecommunications group Time Engineering.

Last year's takeover of Pantai has raised a lot of negative reaction because it holds two lucrative Malaysian government concessions.

Additionally, its Singapore-based acquirer, Parkway Holdings, is controlled by American shareholders.

Last week, the Government of Singapore Investment Corp emerged as a substantial shareholder with a 5.01 per cent stake in Pantai.

The main Pantai concession is held by its subsidiary, Fomema, which has a monopoly on mandatory health checks on all foreign workers, which currently totals more than 700,000 people.

The other is subsidiary Pantai Medivest, which holds the concession to provide support services to all government hospitals and cli- nics in Negeri Sembilan, Malacca and Johor.

If nothing else, an issue Singapore companies must watch out for is how the Republic is often used as the bogeyman by both Umno and the opposition.

'Singapore is often used as a punching bag. Sometimes, it is used to divert attention from the real problems simply because no one loses any points when they attack Singapore,' said Mr Syed Azman Syed Nawawi, a central committee member of opposition Parti Islam SeMalaysia.

This sentiment is being played up in the ongoing Mahathir-Abdullah spat. The Republic was involved in a key contentious issue - the building of the Johor bridge to replace the Causeway.

Malaysia partly blamed the scrapping of the project on Singapore's failure to agree to build a full bridge if it did not get to buy Malaysian sand in return.

This was further fired up by Tun Dr Mahathir, who claimed it was the Abdullah administration which offered to sell sand to Singapore.

See also earlier posting

ABDULLAH: Studying ACTION Taken on MOKHZANI MAHATHIR Disposal PANTAI STAKE; PAS HUSAM: TELL the TRUTH; SINGAPORE PARKWAY’S Pantai BOOSTER

See latest posting (Aug 25 06, Fri):

Dr MAHATHIR Q & A with Newsmen -UNSATISFIED with ANSWERS Picks on Abdullah’s Involvement - UN OIL for FOOD; RESTRICTION Talks; UMNO’s YESMEN; Wants his Truth be THE TRUTH and also the BACKGROUND to the UN Oil Scandal

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Tuesday, August 22, 2006

TIPS AVOIDING Blog TROUBLES – By LEGAL EXPERTS; LIABILITY in BLOGS, SHOULD EDIT THEM; No NASTY COMMENTS; Bettter safe than be Sued for Overly BRAVE

Blogs and weblogs are created out of joy, playfulness and creativity to share your thoughts and observations. You are using your natural abilities freely and spontaneously.

Now as life is spontaneous so blogs should be as free as air and spontaneous comments and interactions can then flow through them indiscriminately.

Interactions with others do occur, yet none occur what you do not attract or draw to you by your THOUGHTS, FEELINGS, ATTITUDES or EMOTIONS expressed in your blogs. Miraculously, you are given the GIFT of creating your own experiences.

Are we learning to handle the inexhaustible mental energy; and see, through physical materialization, the concrete result of thought and emotion? Therefore, the lessons must be taught and learned well. The responsibility for creation must be clearly understood.

It is important that we pay attention to what we do and pay attention to our emotional communications and to our translations of thoughts in the writings and blogging so as not to cause libel.

We must initiate a shift in consciousness now and move our attention to how we project energy outwardly in interaction with other individuals and how that offers a contribution within our world in what manner you choose to be generating that energy and how it is affecting of other individuals. This will not cause conflict

You share an existence with others who are experiencing their own journeys in their own ways, and you have journeying in common, then.

So be kind to yourself and to your companions.

http://news.yahoo.com/

The following is also available from Yahoo News
The SUN also carried this article on Mon, 21st Aug 06

Mon Aug 14, 6:16 PM ET

NEW YORK The race into the blogosphere has reached a feverish pace. Statistics house Technorati estimates that some 75,000 blogs are created every day, nearly one per second, joining the more than 40 million blogs already populating cyberspace. That's twice as many blogs as there were just six months ago. And newspapers of all sizes clearly have no intention of being left behind, as E&P has documented over the past two

years. At McClatchy Co.'s News & Observer in Raleigh, N.C., for example, Public Editor Ted Vaden says his newspaper has expanded its stake from a half-dozen blogs a year ago to 18 today.

But with all the excitement and potential for new readers and financial invigoration, something else is rippling: growing unease about the dangers of blogs -- especially legal liabilities in the land of the free and perhaps overly brave.

"There is a lag between newspaper publishers' rush to monetize blogs and at the same time making sure their ethics policies and internal editorial controls keep up with the rollout of new forms of technology and content," warns Seattle-based attorney Robert A. Blackstone, partner at the law firm of Davis Wright Tremaine LLP.

At www.washingtonpost.com, which sometimes posts blog entries without editing them, blog humor columnist Joel Achenbach said, "I keep thinking today is the day I will write something that destroys The Washington Post as a newspaper." But he quickly adds that he sees no clear and present danger, neither from his own writing nor from the voluminous number of comments his blog generates: "I think the vast majority of people who want to participate in our blogs are intelligent and civil."

But Achenbach's faith is not so readily shared in some quarters, especially among experts often hired by newspapers to protect their legal interests.

Chad Milton, one of the top media-liability authorities in the country, says, "I don't want to tell editors how to do their job, but I think there's a balance between editing for liability and preserving the spontaneity of a blog. I think publishers are having a little bit of a hard time figuring out what is different about a blog, and do you treat it differently."

Milton, senior vice president and national practice leader for media liability at Marsh Inc., the world's largest risk and insurance services firm, adds, "My advice to publishers and editors is that knowing there's liability for a blog on their Web site, they probably should edit them."

Adds Blackstone, whose law firm counts the Los Angeles Times, New York's Daily News, The Seattle Times, The New York Times, and The Associated Press as clients, "Part of the nature of a blog is the sense of immediacy, that you've got to get it out on the Web first. But the question is, have you done the kind of reviews and other cross-checking that you normally do on the print side? I think you'll be just as liable for what's on your newspaper's blogs as you would be if the material appeared in the morning's newspaper."

That's advice the Houston Chronicle, one of the nation's most ambitious and savviest newspaper blogging publishers, takes to heart, says Scott Clark, vice president of www.houstonchronicle.com: "All of the blogs we publish that are written by full-time or part-time employees, or freelancers, are edited as the paper is edited."

First Amendment expert Bruce E.H. Johnson, also at Davis Wright Tremaine, points out that unless a newspaper's libel insurance specifically protects freelancers of various kinds -- including bloggers who post regularly but are not full-time employees of the newspaper, or syndicated bloggers -- then the person who wrote the blog could be held responsible for any libel.

Then there's the recent case of Los Angeles Times Pulitzer Prize-winning business writer Michael Hiltzik. His gig at www. latimes.com was canceled because he was caught sending messages to his own "Golden State" blog under an assumed name, but his print column continued to appear twice a week. There was an important subtext: The print column was overseen by an editor, whereas the blog was not.


The perils of personal blogs

Let's assume that for blogs written by full-time staffers or other specifically designated "regular" contributors to a newspaper's Web site, there's little doubt that the legally prudent, and probably most editorially effective, approach is to "pre-edit." But what about blogs that full-time staff members write from home on their own time and that aren't related to their areas of expertise at the newspaper? Those would seem to be OK, wouldn't they?

Not so fast, says Chad Milton, citing the hypothetical case of a star reporter who from home maintains a blog about wines. "People know who he is," observes Milton, "and they pay particular attention to him because he is a star reporter. If he says something defamatory in his wine blog, I would think the plaintiff might well want to sue the publisher of his newspaper, arguing, 'This is your guy, so you're responsible for it.' Whether that would stick, I don't know. But there certainly is the potential for a case there."

Determining the nature of personal blogs written by reporters and editors outside the parameters of their official newspaper duties is a delicate issue indeed.

As both Blackstone, an expert on labor and employment law, and Milton note, a publisher's right to require a "duty of loyalty" from employees is tempered by the National Labor Relations Act and other federal and state laws protecting employee rights. This includes the right to engage in concerted activity regarding the terms and conditions of their employment and the right to engage in political and other off-duty conduct.

"So I think publishers are deciding that they need to think pretty carefully about how they want to handle this," concludes Milton, who advises several major newspaper companies. "It's hard to tell reporters what they can or can't say on their own time in a blog; it's like forbidding them from talking at a neighborhood block party. I expect it will turn on the facts of some case about whether the blogger at home is writing totally outside the scope of his employment so that there can be no imputed liability for the publisher."

Adds Bruce Johnson, one of the nation's foremost First Amendment authorities: "To the extent that the blogger is an agent of the newspaper, there may be liability. And that agency relationship is more than simply being an employee. Clearly if you're an employee, any acts of omission are imputed in law to your employer."

But what about comments posted at blogs by fans or foes? Is "Section 230" an unimpregnable legal wall protecting online publishers from the countless third-party jottings that get posted every day at newspaper blogs and Web sites, as many legal experts claim, or is it a simmering volcano at risk of being set off by a plaintiff's well-grounded libel case?

Right now, the so-called "Section 230 Defense" is the go-to legal play of choice of the Internet publishing world. One of the few surviving stanchions of the Communications Decency Act of 1996, Section 230 holds that "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." The Electronic Frontier Foundation (EFF), one of Section 230's most ardent proponents, says it "preempts any state laws to the contrary."

Paul Alan Levy, a prominent internet authority and attorney at Public Citizen Litigation Group, a nonprofit consumer advocacy organization in Washington, D.C., declares: "What Congress said back in 1996 was that to encourage the development of the Internet as a means of communication, people who offer interactive computer services should not bear the liability for nasty comments posted by other people.

"The act states that people who post their own comments at their online site should be responsible for that content, but not what they post from others, and that seems to me the right call to allow the internet to flourish," adds Levy. "My view is that the editorial decisions you make about whether to allow a particular nasty comment to remain on your board is one for you to make, and you're not liable for, according to Section 230."

As the EFF and others note, the courts to date have repeatedly rejected attempts to limit the scope of Section 230 to "traditional" Internet service providers (ISPs). The provision owes its existence to online Internet provider Prodigy, arguing that it could not be a "family-friendly" ISP if it faced legal challenges that arose after it had applied highly touted decency screening processes to content it disseminated.

But Congress moved beyond Prodigy, AOL, and a host of such ISPs and applied Section 230 to all interactive computer services, including the Web sites of newspaper companies.

Thus, argue the EFF and others: "Your [online publisher's] readers' comments, entries written by guest bloggers, tips sent by e-mail, and information provided to you through an RSS feed would all likely be considered information provided by another content provider. This would mean that you would not be held liable for defamatory statements contained in it." The EFF duly notes, however, "If you selected the third-party information yourself, no court has ruled whether this information would be considered 'provided' by you."

And that is a big "however," underscores Chad Milton of Marsh Inc. "I think it's an interesting question -- and an open question -- about how this law applies to third-party content on a publisher-sponsored blog.

"It's a little hard to say that just because something is online the rules are different, but a lot of people say the rules are different because of Section 230," he adds. When Section 230 was enacted, "Nobody thought through whether it made sense to treat Web content differently from published content. But now people are starting to think about that."

Roman Modrowski, who writes a popular sports blog for the Chicago Sun-Times, remains firmly in the "take-no-chances" category. "I edit all of the comments that my blog generates," says Modrowski, adding that he gets plenty of them. "If I deem something to be offensive or profane, I won't allow it to be posted. Sometimes I'll take out any offensive words and leave in the rest."


When editing could be unwise

But here's the really tricky part: What happens when a third-party online comment is edited, even with the best intentions, by the newspaper's online staff either before or after posting? Could a newspaper be on the hook for any libel charges because it became involved in a new, and therefore changed, version of the original content?

Or, if a paper has a policy of deleting obnoxious or libelous posts, does that necessarily mean it stands behind the ones it misses or chooses to let go?

The answer, according to some of the legal experts: Any editing almost certainly cracks open the "Section 230 Defense" door, with everything then depending on how much the original content was changed or altered. Johnson calls this "active editing": Even when you soften the language in a post, sometimes editors don't go far enough, or add wording that actually makes matters worse.

Says Levy at Public Citizen, offering an extreme example: A case where a third-party posting was edited and what was done was that wording was changed from "got money from the bank mysteriously" to "may have embezzled money from the bank." If you add content in such a manner, you may have some difficulty hiding behind the defense of, 'Oh, I was just editing here.'"

Given newspapers' historic role as a powerful, responsible voice in the communities they serve, shouldn't they find ways to edit reader blogs, third-party postings, and forum comments on their online sites? More and more, the word at newspaper online sites is not to "edit" this third-party commentary, but rather "monitor" it. Various means of monitoring are emerging.

They include prominently posting clear but legally non-binding (for the newspaper, that is) "user behavior" statements for third-party comments; mechanisms that allow viewers to notify a newspaper's online site about reputed errors, omissions or potentially libelous third-party postings; and technology-driven "screens" against certain kinds of behavior, such as Washingtonpost.com's screening the use of profane language and extreme personal attacks.

David Potts, a highly regarded international Internet lawyer based in Toronto, stands on the side of caution. He argues that if a third party publishes defamatory material on a network of computers of some kind, and the material is then retransmitted via the network, the owner and/or operator of the network may be liable under several scenarios, if:

They or their agents knew that the material was defamatory, or:

They or their agents had reason to be suspicious that some or all of the material was defamatory. The nature and previous history of the newsgroup or mailing group where the defamatory material was posted, the previous history of the person posting the message, and reading the defamatory material all are factors which might arouse the suspicions of network owners or operators.

With the explosive growth of the Internet, Potts contends, the definitions of libel and defamation are inevitably going to grow in number and variety.


Keeping it clean

David Finger, the Delaware attorney who represented "Doe 1" in the Cahill case, suggests that newspapers, under any circumstances, should take one important proactive step to protect against potential damages from third-party postings.

"I recommend a prominent disclaimer at the top of a newspaper's homepage making clear that the site is an open forum for the expression of public on the issues of the day, and that the newspaper does not engage in oversight, editing or approval of postings," says Finger, "and that the views expressed do not necessarily reflect the views of the newspaper or its staff or its advertisers."

Among those embracing this hands-off, keep-it-clean approach are washingtonpost.com and www.STLtoday. com, the Web site of the St. Louis Post-Dispatch.

Washingtonpost.com, one of the leaders in newspaper blogging, recently took a bold leap in allowing users to post comments on general articles, not just blogs. In launching this feature, Jim Brady, who runs the site, wrote to readers, "As most of you know, our charge into this interactive world has not been trouble free, and we've had to deal with blog commenters who are more interested in personal attacks and/or taunting than in making persuasive arguments and conducting civil conversations. So, we'd like to ask those of you who also find that level of discourse to be an annoyance for help in moderating the new comment threads. If you find a comment to be out of bounds, please report it by clicking the 'Request Removal' link that will appear next to every comment."

But the site also now features a crystal-clear summary of its policy on third-party postings, with a click-through to a full statement of standards.

The summary reads: "We encourage users to analyze, comment on and even challenge washingtonpost.com's articles, blogs, reviews and multimedia features. User reviews and comments that include profanity or personal attacks or other inappropriate comments or material will be removed from the site. Additionally, entries that are unsigned or contain 'signatures' by someone other than the actual author will be removed. Finally, we will take steps to block users who violate any of our posting standards, terms of use or privacy policies or any other policies governing this site."

At STLtoday.com, the disclaimer statement opens with: "The St. Louis Post- Dispatch and STLtoday.com want to foster a spirit of community involvement and conversation. At the same time, we can't have objectionable material on the site. You should also know that we don't edit or review posts before they go live. So we're asking for your help. In the spirit of that free exchange of ideas, keep the conversation clean and respectful."

Then the site, owned and operated by Post-Dispatch parent Lee Enterprises, gets heavy: "We expect that you and others will not use our Web logs to post objectionable posts, obscenity, defamatory remarks, commercial messages or violations of copyright, trademark, or intellectual property."

But if users insist on doing any or all of those things, the Post-Dispatch, like other papers, had better have its legal-defense ducks in a row.


Better safe than sued

First Amendment attorney Johnson and others suggest there are two important ways newspaper publishers can begin to better address blog liability issues,

First, they should review and quite possibly revise traditional ethics policies to cover blogs. They also should examine their insurance protection in the light of blogs and other new technology-driven mediums such as podcasts, RSS feeds, and wireless dispatches to mobile devices.

"A lot of this is still under the radar at most newspaper companies," notes Johnson. But now is the time to take action, he says, "because the law simply hasn't developed in any way to put employers and employees on a collision course when it comes to these issues."

A first step for newspaper publishers is to examine existing ethics policies or guidelines. "To the extent that newspapers have ethics policies, even though these policies were drafted before blogs, they may address some of these issues," Johnson advises.

The Los Angeles Times and The New York Times, for example, have gone so far as to create separate policies on blogs. Other newspapers have incorporated specific language on blog policies as part of preexisting ethics guidelines.

When it comes to insurance, not much has changed, other than to perhaps consider buying more traditional libel insurance -- now often called "media liability insurance," which usually covers blogging activity, as it covers every other media- liability contingency.

According to Marsh Inc.'s Milton, media liability insurance covers libel in all its various forms, invasion of privacy in all its variations, and copyright/trademark infringements.

But with the dramatic rise of blogs at newspapers, Milton signals an alarm for both publishers and editors, right down to day-to-day line editing (or the lack thereof): "Insurance underwriters are going to start asking questions about the editing process of blogs. In the normal insurance application, you're asked, basically, 'How do you manage content?' and this will begin to apply more and more to blogs."

Overall, legal and insurance experts are doing their best to caution publishers about donning the proper gear before soaring off into the blogosphere. Johnson likes to tell "The Salami Story" in reference to the cutting-edge nature of blogs and potential legal liabilities.

"There was a very interesting copyright case a number of years ago involving fair use, and Judge Pierre Laval, then a district judge in New York, was involved in the case," recalls Johnson. "Judge Laval later wrote about the case, which went up and down the Second Circuit, and, in his comments, he said: 'It has been exhilarating to have been at the cutting edge of the law, even though in the role of the salami.'"

"I would urge publishers today," says Johnson, "to look carefully at the cutting edge of blogs so they can avoid becoming the salami of the future."


--Steve Yahn and Jake Whitney (letters@editorandpublisher.com) is a former executive editor of E&P. He operates a communications consultancy in Croton-on-Hudson, N.Y. Jake Whitney is a freelancer who frequently writes about media and medical topics

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ABORTION - BEST OPTION to Take; NO MORAL STIGMA Attached. ALTERNATIVE – Abandoned to Die in Toilets & Dust Bins; Adoption or NOBODY’s CHILD

Now what happens when a fetus is aborted or miscarried? Didn’t that being wanted to have life on Earth? Who has the right to determine for a fetus if it lives or dies?

We all have choice and can and do change our minds. Each soul that decides to come into the body is a full being already.

Should that soul decide it does not want to be born, to experience life after all, it may choose a variety of ways of stopping the process, which include abortion or miscarriage. So the unborn child is the one making the conscious decision to abort, not the mother who walks into the abortion clinic and gets the abortion?

There is always a reason. To realize that each soul is making these decisions on their own is a beautiful, healing and freeing experience

Here is the view of a supporter of abortion:

“It is a woman's right to abortion i.e. the right to choose to terminate a pregnancy when they don't want to have a baby. Some Christians believe that abortion is murder of the fetus and must therefore be stopped. If you think abortion is bad, then make sure that everyone has access to contraceptives, especially the morning after pill. Even so, there will be abortions - from a condom that broke to a pill/patch that was supposed to work but did not but they will be far fewer. Try and understand that no woman goes about trying to get pregnant so that she can have an abortion.

As for abortion, remember that the fetus is like a tumour growing inside a cancer patient, yes eventually fetus will be able to survive without the woman but till such time, she has a perfect right to her body and a right to refuse to host the parasite. Women are not incubators and you have no right to try to enslave our bodies. This is a harsh way to put it but necessarily so, women's rights are trampled on too easily by the patriarchy and its enablers”.

For a very good blogpost on abortion, GoTo Feministe

The suggestion for Sex Education helps and can reduce the unwanted babies. Perhaps there is now a shift in consciousness in women not wanting to get married and not wanting children. This is becoming more and more commonly expressed and less and less unusual with the female gender.

The emphasis of this shift in consciousness is upon the individual and directing of themselves, not upon the direction of authorities or allowing other individuals to be directing in expectations, but each individual directing themselves, which is shifting beliefs.

But ultimately many young people have an innate feeling that there is a violation against nature. In some places, there is overcrowding and hardship and bringing an unwanted child into the world is a huge responsibility.

But at the same time in tune with nature, they know life is spontaneous and they do not want to deny their bodies the experience in life. They are here to use, enjoy, and express themselves through the body

The followings are ALL from NST (Sunday),

Cabinet Minister Wants Sex Education Introduced ; August 20, 2006 21:35 PM

SUNGAI SIPUT, Aug 20 (Bernama) -- A cabinet minister is urging the government to quickly introduce sex education in schools, a move she said would curtail rising unwanted pregnancies in Malaysia.

Women, Family and Community Development Minister Datuk Seri Shahrizat Jalil argued that Malaysian children need sex education as "most young people do not know the risks of having sex".

"So the time has come for us to make sure that sex education is introduced in schools so that they are aware of the consequences of having sex," she said.

Shahrizat added: "These youngsters need help and guidance. So I think we cannot delay (the introduction of sex education) anymore."

The Malaysian government has been reluctant to introduce sex education in schools fearing a backlash from the conservative rural population.

Shahrizat also said was advocating for sex education to be taught in school because the Malaysian society always blamed young women when they got pregnant outside marriage.

"This (unwanted pregnancy) is not the problem of young women alone. This is also the problem of the family and the society.

"But every time an unmarried girl got pregnant, the society would blame her. This is not fair. That is why we should have sex education in school," she argued.

She added that gender bias in Malaysia also contributed to rising cases of baby dumping among unmarried girls. She reiterated that baby dumping is a crime which tantamount to murder.

"Those who know of any unmarried girls who are pregnant should inform the welfare department so that these girls can be given protection and help," she said.

Earlier, Shahrizat opened the Sungai Siput UMNO Women's Wing meeting here.

Speaking at the function, she urged the party members to resolve all internal problems in the branch.

It was reliably learnt that some of the Sungai Siput UMNO leaders are having some "misunderstanding" which has threatened the unity of the party branch.


LEFT TO DIE: Why are these babies unwanted?; 20 Aug 2006

Abandoned and left to die. This is the fate of an increasing number of unwanted babies that end up in toilets and rubbish bins among other places. A few are found dead while others are saved in the nick of time. RANJEETHA PAKIAM examines this problem.

SHE grimaces as she holds her swollen belly. Noor (not her real name) is 21 and pregnant with her first child, due any moment. The baby will be given up for adoption even though her 28-year-old jobless boyfriend has promised to marry her after the baby is born.

Noor didn't have anyone to turn to when she found out she was pregnant, as her parents were dead. Too poor to afford pre-natal check-ups and unable to pay for the delivery itself, she spotted an article in a local daily which highlighted a halfway home for single, unwed and pregnant women.

"Even though I am in a horrible predicament, I never thought of aborting the baby. At least my boyfriend is more mature than other men and didn't leave me after we discovered I was pregnant."

Now, she waits at the Pusat Kebahagiaan Wanita dan Remaja (Kewaja) in Gombak, Selangor, where she is being taken care of until she gives birth. Noor's situation is better than other women who conceive out of wedlock. Many are racked with shame and fear that comes from the social stigma surrounding unwed mothers.

Out of desperation, some try to abort the foetus themselves or abandon the newborn in places where someone is bound to find them or it ends up in rubbish bins. A 25-year-old unmarried woman in Kuching was charged recently with infanticide and jailed for five years. She had drowned her infant in a river.

Malaysians were shocked to read about a 14-year-old girl who flushed her foetus down the toilet. The case, reported on Aug 8, is still under investigation. Just two weeks earlier, a dead baby girl was found in a church in Penang.

Concerned quarters feel that there is lack of shelters for girls and women to turn to when they're in such a predicament. Kewaja is one such shelter run by the husband-and-wife team of Yahya Mohamed Yusof, 43, and Ruzitah Bahrum, 38.

Between 75 and 85 newborns are cared for every year at the shelter with most infants put up for adoption. Sixty per cent of those who come here are aged between 17 and 22.

Over the past 10 years, Yahya has seen it all and has come to one conclusion: No woman wants to be in such a situation. "No matter how street smart and savvy some women are, no matter how well they know how to take care of themselves, they are still vulnerable.

"It doesn't mean that women who have social lives, dress sexily, or go out to enjoy themselves want to be victimised. But it happens when unscrupulous men take advantage of them. The numbers are rising. Last year, the home offered shelter to 103 women. As of June this year, Kewaja has seen 145 girls and women pass through its doors.

At present, there are 52 inhabitants at the home. Overcoming the problem will not be easy because of the stigma attached to unwed mothers. Yahya says that prevention is the best way through education on gender roles, religious teachings and cultural values.

However, he felt there was a need for more centres and halfway homes to be set up so that women would not be compelled to abandon their helpless babies. On the growing rates of unmarried pregnant women, Yahya said activities which led to the situation were also on the rise.

He said a higher crime rate and incidence of drug abuse had indirectly led to social problems such as these. Yahya suggested that apart from sex education in schools, teenagers be given talks on the roles of man and woman as they embarked on adulthood.

Noor has a different take on things. As someone born in Kelantan, she understands how many young people from the East Coast go through a culture shock when they come to the city to work or study. "Many are naive and easily influenced. I have seen it happen to my friends. "Those who have grown up in the city are the opposite - they begin experimenting with sex at even 14 or 15."

Noor was also of the opinion that more shelters such as Kewaja had to be established to ensure that women knew they had a safe haven. "I only found out about this place after reading a sheet of newspaper used to wrap something."


15 years on, still feeling the loss;
20 Aug 2006

HER hands trembled as the home pregnancy test kit showed a positive reading, confirming her worst fears.

She was barely 20 and still in college and there was no way her conservative family was ever going to accept the fact that she had "done it", let alone have a baby out of wedlock.

Faced with the prospect of incurring the wrath of her parents and seeing her future crumble, Sheila (not her real name) decided there was only one way out - abortion.

"I told my boyfriend, who was also my college mate and he offered to marry me," said Sheila. "But I knew that was nearly impossible because my parents would rather kill me than have me tarnish the family name."

Although her boyfriend was still against the idea of an abortion, Sheila discreetly made some enquiries from college mates who she knew had undergone the procedure.

"Most of the girls did it at a particular private clinic in the city. I decided that it was too risky to go to the same place. I chose a clinic in another part of Selangor.

"When I called to enquire, the clinic assistant told me to fast the night before coming in for the procedure. I made an appointment for two days later."

Sheila's boyfriend accompanied her to the clinic that day.

"I was scared out of my wits. I did not know what to expect. The receptionist wrote my name on a piece of paper and told me to pay the fee up front. My boyfriend paid the RM300."

Ten minutes later, Sheila was ushered into the doctor's room. He checked her blood pressure and asked her if she had any other medical problems before asking her to lie down on a bed.

"The last thing I remember was the doctor injecting something into my hand. When I woke up, I had slight pain that felt like period pains. About an hour later, the nurse told me that I could go home. And that was it."

The abortion is something that haunts Sheila to this day, almost 15 years later.

"My boyfriend, who is now my husband, and I can never get over the guilt. Although we have two lovely children now, we sometimes talk about it and wish we could have had the baby. And we still refer to it as our first child."
____

'You can never put it behind you'
20 Aug 2006 Wilson Henry

NO one meeting Charlene can imagine the secret she takes to her bed each night.
Behind the happy home she has created for her two children and husband is an
anguish she keeps to herself.

"It is about the child I killed (in the 1990s). I aborted it after a week of pregnancy," says the 50-year-old Charlene. "At the time when I got pregnant, I didn't want another child."

She asked around and easily got an abortion done at a clinic in
Taman Megah, Petaling Jaya. "It is not that difficult finding clinics willing to perform this. I paid
RM400 to abort the baby. The whole thing was done quickly."

Charlene still feels sad about it. "You always imagine that you can put it behind you. You never do. I always wonder whether it would have been a boy or a girl."

Her husband tried to be there for her but she says it is an experience a man can never understand. Being Catholic makes it even more difficult for her.

"Each time I go to church, I offer a prayer for the unborn child."

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Monday, August 21, 2006

BN COMPONENT Parties CRY FOUL over KHAIRY’s Allusion’s “Chinese Community Capitalizing on Umno's Weaknesses.” & Najib: Malays need PRARDIGM Shift


The remarks by Khairy Jamulludin as reported in the Chinese media are very insensitive and from a very immature leader who simply open his mouth. It would be advisable for him not to speak “off his cuff” and get some prepared text whenever he addresses a gathering.

How can the Chinese communities capitalized on UMNO’s weaknesses? How can the communities draw advantages and benefits from the weaknesses and split within UMNO? The Chinese communities and others within BN have always been at the “whims and fancies” and demand of UMNO especially its Youth Section. All they need is to pass some resolution at the lowest delegates meetings and the others have to listen. The glaring example is what is happening to Gerakan in Penang – not having done enough for them

Perhaps they should look forward to the continuing support of the BN Chinese communities in the next general election. With the spat and split now happening in UMNO , the crucial Chinese vote would break and win some of the marginal seats.

Meanwhile our Deputy premier called on the Malays to have a “new paradigm” - how to translate their political dominance through Umno into achieving dominance in other fields like economy and education. This is tantamount to a “great leap” for them.

To change the current situation when dealing with seemingly insurmountable problems they need shared” or “mass” dreams. In these, they dream individually and collectively of ways in which change could occur.

These dreams can actually help bring about the resulting change. The very energy, direction and focus of these dreams will help them change the situation.

But alas, all of them do not share the same dreams. Each has his or her own dreams (especially the majority with all the attending benefits, concessions and comforts would not share Najib’ dream and call for a shift in paradigm) and so all their problems recurred (more drug addicts with HIV) and will remain unsolved and Vision 2020 will only be a piped dream

But paradigm is a set of assumptions, concepts, values, and practices that constitutes a way of viewing reality for the community that shares them, especially in an intellectual discipline. So where is the intellectual aspect in UMNO's struggle?.

________________________

Khairy To Meet MCA Vice Chief To Clarify His Speech ; August 20, 2006 20:48 PM

KLUANG, Aug 20 (Bernama) -- Umno Vice Chief Khairy Jamaluddin will meet MCA Vice Chief Datuk Ling Hee Leong to clarify his speech in Kedah last Friday which had upset a number of Barisan Nasional component party leaders.

Stating that the leaders had misconstrued the message in his speech when he opened the Jerlun division Umno Youth delegates meeting, he said the matter was not a new issue.

Khairy was commenting on Chinese newspapers reports on the outcry of the BN component party leaders over Khairy's remarks that the Chinese community would capitalise on Umno's weaknesses.

Besides Ling, other leaders who voiced their displeasure over the remarks were MCA Vice President Datuk Dr Chua Soi Lek, party Secretary General Dr Wee Ka Siong and Gerakan Vice Secretary Datuk Lee Kah Choon.

The speech was meant to bolster Umno and not to tear the fabric of goodwill upheld by the BN component parties, Khairy told reporters after opening the Kluang division Umno Youth delegates meeting here Sunday.

Khairy said he stressed on the spirit of consensus in BN and Umno as the backbone of BN had to be strong for the well-being of the coalition.

"What I said was that we must progress together, we need a strong Umno. We must accept that the strength of BN lies with Umno and Umno has to be strong for the good of BN.

"If Umno is not strong, some quarters might take advantage and affect the goodwill in BN, not the other kind of advantage. This was my message," he said.

However, he said, he had yet to find out the content of the reports in the Chinese press.

"I was informed only this morning. My message was clear, BN strength is derived from Umno. I hope other leaders understand this. The component parties need a strong Umno. I received a request (for a meeting) from Datuk Ling (Hee Leong), so I will see him soon," he said.

-------------------------

From the SUN, the report…..of what the Chinese papers said

Khairy's remarks draw flak; From The Sun; 21 August 2006

UMNO Youth deputy chief Khairy Jamaluddin drew flak for his remarks that the Chinese community is taking advantage of the "infighting" in Umno to ask for more rights.

The reaction of several MCA and Gerakan leaders was given wide coverage in the Chinese dailies yesterday.

They took issue with the key points or allegations in Khairy's speech at the Jerlun Umno Youth division dele gates meeting on Friday ­ that infighting will weaken Umno, allowing the Chinese to take the opportunity to ask for more rights; that because Barisan Nasional had won the general election with the support of Chinese and Indian votes, certain Chinese groups have taken advantage of a split in Umno to make appeals; and that MCA ministers had submitted a memorandum to the prime minister earlier this year on Chinese rights, also because Umno has weakened.

MCA leaders described Khairy's remarks as too parochial, Sin Chew Daily reported.

MCA Youth secretary-general Dr Wee Ka Siong said the Chinese will not "throw a boulder into the well after someone has fallen into it" (a Chinese saying about taking advantage of someone else's predicament). He hoped the new echelon of Umno Youth leaders will understand the spirit of mutual trust on which BN is built.

"We have to remind the younger generation of Umno Youth leaders of the need for mutual respect and to continue with the spirit of cooperation of the past leaders of the country."

MCA vice-president Datuk Dr Chua Soi Lek said the Chinese, including MCA, has never tried to take advantage of the infighting in Umno to protect the Chinese's position and strive for more rights.

"Based on what he said, it can be shown that he does not understand the BN spirit. Maybe he (Khairy) is still young, and does not understand very much that MCA has been in the coalition for 55 years," he said.

Chua said there is nothing improper when a delegation representing the MCA and Chinese business leaders met the prime minister recently and made a few requests during their dialogue on more effective participation by all the races in the implementation of the Ninth Malaysia Plan (9MP)."We made some proposals on the effective implementation of the 9MP, and not unreasonable demands."

MCA secretary-general Datuk Ong Ka Chuan told China Press that Khairy has on many occasions advised BN components not to create opportunities for the Opposition to hit out at the BN, but he is doing just that with his remarks.

Gerakan Youth deputy chief Lim Si Pin said Umno may be facing internal problems but Gerakan Youth will not take advantage Umno's predicament, not even when Umno Youth divisions had raised the issue of rotating the chief minister's post in Penang recently

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^



Najib's impassioned plea to the malays:
“We must make
UNMO the catalyst to initate paradigm shift among malays. If the malays are not confident, how can we compete especially the malays in Johor, who lived next door to
Singapore. The malays must have confidence and not be afraid”

Malays Need New Paradigm Najib ; August 20, 2006 15:41 PM

MUAR, Aug 20 (Bernama) -- The Malays need a paradigm shift to ensure their struggle to build a civilisation is achieved and their domination in politics can also be realised in other fields like economy and education.

Deputy Prime Minister Datuk Seri Najib Tun Razak who is Umno deputy president said Sunday when opening Ledang Umno delegates meeting in Tangkak today.

Present were Johor Menteri Besar Johor Datuk Abdul Ghani Othman who is Ledang Umno chief.

"The biggest challenge faced by the Malays is so that a civilisation can evolve," Najib said.

To achieve the objective, the Malays needed a paradigm shift, he said.

He said Umno did not want to see the Malays merely playing second fiddle in the drive towards economic growth or becoming a race having the most people with HIV/Aids or drug addicts.

"They are not Malays we are fighting for. We want Malays who highly value their language and culture and are successful in all fields, and Umno must be the force towards the paradigm shift," said the deputy prime minister.

He said the Malays must have confidence and were not afraid to compete especially the Malays in Johor who lived next to
Singapore.

In overcoming challenges, he said, the Malays possessed two crucial weapons -- unity and the way of thinking.

Najib also thanked Ghani and Ledang Umno for their support towards Prime Minister Datuk Seri Abdullah Ahmad Badawi's leadership which he described as the best for UMNO
ABOVE: Datuk Seri Najib with Ghani and Ledang Umno supporters

"A support like this is very meaningful and it will motivate Pak Lah to work harder in ensuring our country progresses further," he said.

He said the prime minister should be given time to do his job.

He also said as Umno was first established in Johor 60 years ago, the state would be a beacon for Umno struggle.

Abdullah took special interest in the South Johor Economic Region development and if successful, it would change the Johor landscape and turn it into a developed state, he said.

From Bernama

Singapore Sees Dr M-Abdullah Differences Affecting 'Asean Climate' ; August 20, 2006 23:02 PM; By Jackson Sawatan

SINGAPORE, Aug 20 (Bernama) -- The overall outlook of Asean remains favourable although some member countries are facing difficulties, a situation which could affect "the climate of Asean", Prime Minister Lee Hsien Loong said.



In Malaysia, he said, the problem was the "deep political differences" between former Prime Minister Tun Dr Mahathir Mohamad and Prime Minister Datuk Seri Abdullah Ahmad Badawi.

"I think everyone hopes it will be resolved soon," he said in his National Day Rally speech at the National University of Singapore's Cultural Centre tonight.

Lee made reference to Malaysia and several other Asean countries as he elaborated on the outlook and the challenges faced by the 10-member grouping which, he said, will indirectly affect Singapore.

On bilateral relations with Malaysia, Lee said that both countries "will work on the positive aspects of our relations".

"Negotiations over bridge, airspace and sand have ended. Still some other issues outstanding (but) these are on the backburner for the time being. Meanwhile, we will work on the positive aspects of our relations," he said.

Lee also mentioned the problem in Thailand, saying that the country is going into another election but "serious political uncertainties are not yet over".

In Indonesia, Lee said that the government has tackled difficult issues such as cutting fuel subsidies but many other critical reforms are waiting such as tax, investment and labour laws, which are "politically very hard" to implement.

"These regional problems affect the climate of Asean as a whole, and so affect Singapore indirectly," he said.

"If Asean cannot get its act together, then instead of taking off with China and India, we will be left behind."

Singapore will therefore continue to work with its Asean partners to promote growth and stability in Southeast Asia.

"But taking the situation as a whole, the outlook is favourable. (We) just have to be ready in case the dangers materialise," he said.

Other challenges facing the region are the high prices of energy due to the tension in the Middle East.

Although there was a ceasefire in Lebanon, the problems in Iran, Iraq and Israel-Palestine are far from over, he said. "If there is a blow-up, energy prices will spike, causing a global recession."

MORE Pics - NEW FLAG & ANTHEM for KUALA LUMPUR FT LAUNCHED on 20th August 2006 by Yang di-Pertuan Agong - WHAT is WRONG with the OLD Flag & Anthem?

ABOVE: Deputy Premier Datuk Seri Najib handing over the Flag to the Agong who in turn passed it on to the RMN Officer through the FT Minister

The Yang di-Pertuan Agong Tuanku Syed Sirajuddin Syed Putra Jamalullail launched the new flag and anthem of the Federal Territories on Sunday night 20th August 2006 at the Merdeka Square. The flag was presented to the Agong by Deputy Premier Datuk Seri Najib and was hosted by officers of the Royal Malaysia Navy Officers and the Anthem “Maju dan Sejahtera” (Progressive and Peaceful) was sung by a choir.

ABOVE: Raja Permaisuri Agong witnessing the the ceremony with her entourage

The ceremony was witnessed by the Raja Permaisuri Agong Tuanku Fauziah Tengku Abdul Rashid and the Federal Territories Minister, Datuk Zulhasnan Rafique. They were joined by a crowd of about 10,000 people which included residents from Federal Territories in Labuan, Putra Jaya and Kuala Lumpur.
ABOVE: The RMN Officers's duty in hoisting up the tri-colour Flag

The flag was approved by the cabinet on May 3rd and received the Royal Accent on May 12 2006. The crowd was entertained by a troupe of singers and to a display of fireworks.

ABOVE: The New Flag being hoisted up slowing as the new Anthem was sung by a Choir;
BELOW: L-R = Federal Territory Minister, Deputy Premier and the AGONG witnessing the flag being hoisted.

Now why this new flag and anthem? What is wrong with the old one? Have the colours faded? Why at this time? Federal Territory Day is observed on February 1st.. Is this part of the run-up to the 49th Merdeka celebration?


Fireworks displayed immediately after the launch

And what is the total cost of this another BN Project? And it looks like someone is laughing all the way to the bank whenever there is a change - like the change in uniforms for enforcement officers.


More Fireworks

And the report from the STAR and the need to change flag and anthem

New anthem and flag for FT launched

KUALA LUMPUR: A new flag and anthem for the Federal Territories have been launched to infuse a new spirit among the people.

Deputy Prime Minister Datuk Seri Najib Tun Razak said the three Federal Territories – Labuan, Putrajaya and here – shared a common direction although they were separated physically.

He said all three had striven to be developed not only physically but also in other areas.

“The concept of being developed does not only refer to achieving physical development but also political stability, a peaceful society, and spiritual and cultural growth,” he said last night at the launch of the anthem and flag by Yang di-Pertuan Agong Tuanku Syed Sirajuddin Tuanku Syed Putra Jamalullail at Dataran Merdeka.

Najib said social problems and crime still existed when a country was developed and the Federal Territories must ensure that these problems did not haunt them when they attained developed status.

To do this, he said, the Federal Territories must give attention to human capital development.

In his speech, Federal Territories Minister Datuk Zulhasnan Rafique said this was the right time to introduce the new flag and anthem.

“The old flag of the Kuala Lumpur Federal Territory does not reflect the Federal Territories, which now comprises three places,” he said.

Entitled Maju dan Sejahtera (Progressive and Peaceful), the anthem was composed by Datuk Wah Idris with lyrics by Sheikh Faisal Mansor.

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Sunday, August 20, 2006

MORE Pics – 3 HALF PAST SIX ROBBERS – All Foreigners GUNNED Down Near IPOH. 4 Gang Robbers Eliminated in 2nd ATTEMPTED Failed ROBBERY

ABOVE: ADA EMASJEWEL Shop(in Pengkalan Emas Mall, outskirts of IPOH) they tried to rob but fled empty handed when fired upon.

Below: In their haste and panic, they dropped one of the weapons in front of shop

Perak Criminal Investigation Department chief Datuk A. Paramasivam was literally laughing when commenting on this group of inept robbers. The 4-Gang members were small timers doing break-ins when they decided to elevate themselves to do bigger jobs.

In their first big attempt, to rob a jeweler’s shop in Bidor, in May one of their member was shot and killed and in this second attempt, the remaining three were eliminated. Apparently they took aim but too slow to pull the trigger.

In Perak 3 Robbers armed with two revolvers were shot dead by police who hunted them down after their attempt to rob a jewelry shop in Pegalan, nearby Ipoh on Friday. The three believed to be foreign nationals all in their thirties were fatally shot in an oil palm plantations when they were corned by the police in Simpang Pulai..

Perak CID Chief said the robbers had earlier stormed a jewelry shop at about 1 pm but fled empty handed when they were fired upon by the security guard and wounding one of them. They escaped in a dark blue Proton Perdana. The Police were alerted and spotted the vehicle and gave chased.


ABOVE:The oil palm dirt road in Simpang Pulai, 10 km South of Ipoh, where they were cornered and shot dead

They entered an oil palm estate in Simpang Pulai and when they realized they had no chance of escape, pulled out their revolvers and aim at the police. The Police were faster and killed all the 3 criminals.

From the vehicle the police recovered two fully loaded revolver, mask, gloves and hammers.. Police believed it was the same group who tried to rob a jewelry shop in Bidor on May 15

NST detailed account
Cops gun down three robbers
; 19 Aug 2006; Jaspal Singh

IPOH: Their strike rate was poor by any measure. And now, after two botched robberies, the entire gang has been gunned down.

They were a gang specialising in break-ins, and linked to at least 34 burglaries. In May, the gang decided to go "big time" and attempted to rob a goldsmith shop in Bidor.
The remaining three members attempted a second robbery at a goldsmith shop at the Pengkalan Emas Mall, here, yesterday afternoon. However, it proved to be fatal as all three were gunned down after the botched robbery.

The robbers, armed with a revolver, a parang and a hammer, walked into the store at
1.20pm, not realising that there was an armed plainclothes guard seated at the back of the shop.

As soon as one of the robbers smashed a display cabinet and the closed-circuit television camera, the guard opened fire, injuring two of them. The robbers fled, but a short while later, they were gunned down by police at an oil palm estate near Simpang Pulai.
The stolen Proton Perdana Car they tried to escape, Above
Below; The blood stained in the dirt picked up by the tyres

Perak Criminal Investigation Department chief Datuk A. Paramasivam said a police team led by DSP Sahadan Jaafar from the Perak police headquarters, spotted the robbers escaping in a blue Proton Perdana.
ABOVE: The Perak CID boss showing one of the revolvers seized

There was a five-kilometre chase which ended in the oil palm estate. Paramasivam said the police team surrounded the car, and when the suspects were spotted with revolvers, police opened fire, killing all three.

"If you point your weapon at me, I don’t wait for you to shoot. I’ll shoot you in self-defence ," he said. Paramasivam said police found two fully loaded .38 revolvers, each with six bullets, two ski masks, a travelling bag and a cane from the car.

ABOVE: The back seat of the Perdana Car where 2 of the criminals wete killed

A parang, a hammer and a bag were also seized from the jewellery outlet.

According to Paramasivam, police believe that the three men were members of the same gang which had attempted to rob the jewellery shop in Bidor in May, when one of them was shot dead.

"This gang was wanted for at least 34 house break-ins in the State," he said, adding that the gang had been operating since early this year.

He refused to release the identities of the suspects but said they were foreigners. The car used by the gang is also believed to be a stolen vehicle.


One of the gang members was gunned down by police.

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CORRUPTION Across India, China & Indonesia. POLITICIANS Need the FUNDS - PATRONAGE NETWORKS & Others REWARD Nearest & Dearest a LAVISH LIFESTYLE


The most famous pronouncement attributed to Lord Acton (1834–1902) a British historian - “Power tends to corrupt, and absolute power corrupts absolutely” often left out the last part “Great men are almost always bad man”.

The great men must be the modern day politicians who bend the laws of the land and steal money or solicit bribes because they need the funds to support networks of patronage. Others do it in order to reward their nearest and dearest or to maintain a lavish lifestyle when their political lives are over.

The context in which Lord Acton made this pronouncement has nothing to do with the “corruption” as we understand it nowadays. He did it during the great crisis in the Roman Catholic world over the promulgation by Pope Pius IX of the dogma of papal infallibility which he opposed but could not avert the Old Catholic separation.

Sociologists usually define power as the ability to impose one's will on others, even if those others resist in some way. When you think of power you think of, say, nuclear energy, or solar energy - but TRUE POWER is the creative energy within men's MINDS that allows them to use such powers, such energies, and such forces.

The true power is in the imagination which dares to speculate upon that which is not yet. The imagination, backed by great expectations, can bring about almost any reality within the range of probabilities.

We must get back in touch with our own power to reinforce our own strength, for ultimately the magic of our being is well equipped to find fulfillment, understanding, exuberance, and peace.

And in our country what we are witnessing now is the legend of Robin Hood – “robbing the poor” to help out the rich and well connected in power. There is no a moral justification for the government to do so.

If the cost of doing things is above board without all the leakages, concessions, licences, permits, assets privatized, tenders awarded etc, the cost of living would be much lower. We do not want those scabs who gained their fortunes by political pull, by having government grant those favors and franchises at the expense of their fellow-men
When will the breed of politicians be born, not greedy, conscientious and honest, and made every effort for businessmen to invest not only to earn a reasonable return, but to achieve their fortunes by economic means -- through production and trade and create the wealth to share with others.

So what is the choice? – follow Pak Lah and possibly risk economic stagnation but with some fulfillment or hope that the benefits of growth exceed the cost of corruption (without any table!). A balance approach perhaps.



The wages of corruption
;By Chan Akya

"In India, corruption is under the table. In China, it is over the table, while in Indonesia corruption includes the table," it has been said. People might quibble about the relative placement of Asia's three largest countries. Depending on direct evidence of paying off government officials, and the nationalities of those making the payments, the temptation to reclassify stands quite broad.

Whichever way you wish to read the quote, what remains undeniable is that corruption is more firmly rooted in Asian culture than is commonly acknowledged. Western views of Asia are misshapen by their experiences in places like Singapore and Hong Kong, and all too often ignore the realities of doing business elsewhere. I will look here at the three countries mentioned in the above quote, in the order they are mentioned.

INDIA -In India corruption is almost entirely a post-'70s phenomenon, with the country's politicians at the epicenter. While bureaucrats are also corrupt, they have derived strength from their political masters - indeed those working for relatively honest politicians are demonstrably less corrupt than the average, as well as being unhappy, presumably.

History is not kind to either the Congress party or its nemesis, the Bharatiya Janata Party (BJP). The Congress that exists today is the creation of the late prime minister Indira Gandhi in the 1960s. Even as Indira Gandhi herself may not have taken bribes (opinion in Delhi is mixed on the subject), she was megalomaniacal enough to have interfered in the bureaucratic machinery all too often, a process that peaked with her declaration of a state of emergency in the mid-'70s.

In turn, the centralization of power created an army of sycophants who promised access to Gandhi, usually for a monetary consideration, but also sometimes through the creation of jobs in favored electoral constituencies. The sycophants were tolerated by Gandhi as they served her political purpose of splitting the opposition parties, the success of which can be measured by the short-tenured government that defeated her by a landslide in 1977. In the '80s, the process intensified within the Congress, with the Bofors scandal causing the government of Rajiv Gandhi to collapse at the hustings in 1989.

Meanwhile, the opposition fared little better. The BJP, espousing Hindu nationalism, had always been funded by small businesses, which hoped to derive some sops in the form of tax collection gigs. The rest of the political spectrum is quite diverse, and I believe that its very plurality is a cause for corruption increasing. Anti-incumbent voting is rampant in both federal and state elections, causing many political parties to accelerate their collection of bribes rather than take a longer-term view.

Second, the composition of political parties is ever-changing. For example, the success of caste-based political parties in the north has resulted in a substantial increase in corruption, presumably to pay for mounting election expenses. Corruption is presented by such parties as a redistribution of income from upper castes to elected members of the lower castes, although I very much doubt that much munificence to caste-mates results from such bribes.

As with Indian reforms, the outlook for legislative tightening in this area appears quite limited. For one thing, no political party in power now is clean, which means that any effort to rein in corruption would face internal opposition. As a wag once observed, no one in the Congress would propose the death penalty for corruption, as that would mean hanging their members of parliament.

Indians do not have a choice when it comes to corruption as most of their political parties (with the notable exception of the communists) offer simply varying levels of corruption. The choice is therefore to vote for the communists and risk economic stagnation like Bengal, or vote for another party and hope that the benefits of growth exceed the cost of corruption.

CHINA - Return of the eunuchs
If India's plural democracy has pushed corruption ahead; China's one-party state has not done much better. Ever since Deng Xiaoping issued his "to get rich is glorious" edict, the party has seized on many opportunities to make money. Whether it is the People's
Liberation Army (PA),
whose suite of businesses rivaled any Western conglomerate (until president Jiang Zemin cracked down late in the '90s) or local party officials whose fingers appear in every urban development, taxpayers' money has been illegally channeled into the hands of politically connected individuals.

Additionally, the secondary costs of corruption such as bad loans cannot be calculated at the present juncture. This is best illustrated by looking at the history of some of the country's high-flying bankers and businessmen, many of whom have come to grief as reports of their wealth spread. The golden rule in China is to avoid being named, which
would usually cause the party to investigate and quickly judge the official
. One thing I have noticed though is that higher-ranking officials usually demand more long-term benefits such as joint venture projects and education or job advancement opportunities for their children as compared with lower-ranking officials who are mainly preoccupied with cash.

Culturally, the Taoist framework of self-maximization has much to do with corruption in China. In contrast with the Confucian principles that call for officials to act for the common good, Taoism recognizes the need and right of individuals to act for their own benefit. This allows Chinese people to accept the need for officials to enrich themselves, and, indeed, many see the richer as more successful. This is why corruption is quite open and direct; you can almost predict what any particular activity will cost.

Another feature that merits attention is the changing qualifications for becoming an official in China. Aspiring civil servants used to undergo a series of grueling examinations; passing them guaranteed jobs in government. Under that system, the most corrupt officials were usually palace eunuchs, whose resurgence from time to time has spelt the end of many regimes. With no central tests (which were only scrapped in the early 1900s), today's officials derive much of their power from party politics, which is really another way of saying palace intrigues. In effect, today's politics in China are more representative of those practiced by the eunuchs, which is why I fear that the corruption epidemic will only intensify in years to come.


INDONESIA - Wayang puppets
Javanese kings always ruled through a combination of intrigue, superstition and selective rewards. This placed them on the same level as a dalang (puppeteer) in a wayang kulit (shadow puppet show), carefully controlling the movements of various puppets and introducing surprise changes to the script depending on the audience reaction. The
last of the great "dalangs" was Suharto, whose use of his country's talented Chinese community reflected a genuine marriage of convenience.

In return for effective management of resources which gave them money, Chinese businessmen supported Suharto's family and addressed their financial needs. Their lack of a power base locally meant that they could never stray too far from the family. This is the context in which the proverb opening this article was made.

The arrival of democracy has resulted in greater corruption as each successive ruler has sought to cement his or her grip on the populace. While the people were promised less concentration of wealth to undo some of the ills of the Suharto era, this has been more difficult to implement due to the changing legal and political environment.

Meanwhile, the stagnation of investment has meant greater pressure on the government even though Indonesia, being a resource-rich country, has much to offer in the current environment of soaring commodity prices.

With the businessmen of old refusing to cede control and a whole host of new players from the West and the Middle East arriving at the country's doorsteps, corruption has become endemic. The search of the next dalang is on. In the meantime, budding businessmen will have to support (pay) many contenders. At stake are not just the country's resources, but its entire policy framework as well. In this respect, Indonesia represents the worst of the Chinese and Indian experience in terms of corruption.

http://www.atimes.com



From AWSJ

Born Bad ;August 18, 2006

Corruption, it is widely agreed, is a global disease. But what causes it: The absence of rule of law, or cultural predisposition? A pair of social scientists found a Petri dish in which to find out, a place that throws together people from the world over and tempts them to break laws -- with zero legal enforcement. That's right; we're talking
about the United Nations.

Ray Fishman and Edward Miguel studied U.N. diplomats' parking habits from 1997 until 2002, a period when rule-breakers still enjoyed diplomatic immunity. (Countries now get dinged foreign-aid money for each unpaid fine.) Foreign dignitaries racked up more than 150,000 unpaid parking tickets, amounting to an outstanding bill of more than $18 million.

The study posited that a cavalier approach to parking rules reflected respect for the law in general, and national attitudes about official corruption -- since we are talking about officials here. The result, they say: Diplomats from countries with low levels of corruption tended to obey the parking laws, even when they had no chance of being punished. Sweden and Norway, among the least corrupt on Transparency International's 2005 Corruption Perceptions Index, or CPI, had perfect records. Kuwait, Chad and Bulgaria were among the 10-worst offenders; Kuwait clocked an impressive average of 246 violations per diplomat per year. These countries rank much lower on the CPI. Chad, the third-worst parking offender, is tied with Bangladesh for CPI's most
corrupt
.

The answer then to this chicken-egg question seems to be that culture does condition certain behavior. The stereotypes fit. But, wait, not always. The Central African Republic had no unpaid parking fines, yet isn't renowned for clean government. Other countries -- Bahrain, Malaysia, Oman, and Turkey -- break the rules but then always pay the fine. Perhaps they are culturally predisposed to take responsibility for their actions. Or maybe just to buy their way out of trouble. (The unasked question is why these diplomats are always trying to park, when driving is one of the slowest ways to get around Manhattan.)

The study also found that diplomats kept the attitudes they brought with them, even in new surroundings. Instead of converging toward the American attitudinal middle -- Canadians becoming bigger scofflaws, for example, and Colombians more righteous -- parking behavior persisted over time. "Corruption norms are sticky," the authors
conclude.

So we're doomed to behave like our countrymen. Except that the authors haven't finished exploring, as they put it, "how cultural and social backgrounds lead to long-run differences in beliefs, tastes, values, and economic decisions." Next up is a study of the multinational taxi drivers at New York's John F. Kennedy airport. Come to think of it,
all this confirms another stereotype: There's nothing social scientists won't study these days.

http://online.wsj.com

For a better understanding, read on

The Varieties of Corruption By: Sam Vaknin, Ph.D.

AVAILABLE FROM http://samvak.tripod.com/nm089.html

To do the fashionable thing and to hold the moral high ground is rare. Yet, denouncing corruption and fighting it satisfies both conditions. Yet, corruption is not a monolithic practice. Nor are its outcomes universally deplorable or damaging. One would do best to adopt a utilitarian approach to it. The advent of moral relativism has taught us that "right" and "wrong" are flexible, context dependent and culture-sensitive yardsticks. What amounts to venality in one culture is considered no more than gregariousness or hospitality in another.

Moreover, corruption is often "imported" by multinationals, foreign investors, and expats. It is introduced by them to all levels of governments, often in order to expedite matters or secure a beneficial outcome. To eradicate corruption, one must tackle both giver and taker.

Thus, we are better off asking "cui bono" than "is it the right thing to do". Phenomenologically, "corruption" is a common - and misleading - label for a group of behaviours. One of the following criteria must apply:

  1. The withholding of a service, information, or goods that, by law, and by right, should have been provided or divulged.
  1. The provision of a service, information, or goods that, by law, and by right, should not have been provided or divulged.
  1. That the withholding or the provision of said service, information, or goods are in the power of the withholder or the provider to withhold or to provide AND That the withholding or the provision of said service, information, or goods constitute an integral and substantial part of the authority or the function of the withholder or the provider.
  1. That the service, information, or goods that are provided or divulged are provided or divulged against a benefit or the promise of a benefit from the recipient and as a result of the receipt of this specific benefit or the promise to receive such benefit.
  1. That the service, information, or goods that are withheld are withheld because no benefit was provided or promised by the recipient.

Even then, we should distinguish a few types of corrupt and venal behaviours in accordance with their OUTCOMES (utilities):

(1) Income Supplement

Corrupt actions whose sole outcome is the supplementing of the income of the provider without affecting the "real world" in any manner. Though the perception of corruption itself is a negative outcome - it is so only when corruption does not constitute an acceptable and normative part of the playing field. When corruption becomes institutionalized - it also becomes predictable and is easily and seamlessly incorporated into decision making processes of all economic players and moral agents. They develop "by-passes" and "techniques" which allow them to restore an efficient market equilibrium. In a way, all-pervasive corruption is transparent and, thus, a form of taxation.

(2) Acceleration Fees

Corrupt practices whose sole outcome is to ACCELERATE decision making, the provision of goods and services or the divulging of information. None of the outcomes or the utility functions are altered. Only the speed of the economic dynamics is altered. This kind of corruption is actually economically BENEFICIAL. It is a limited transfer of wealth (or tax) which increases efficiency. This is not to say that bureaucracies and venal officialdoms, over-regulation and intrusive political involvement in the workings of the marketplace are good (efficient) things. They are not. But if the choice is between a slow, obstructive and passive-aggressive civil service and a more forthcoming and accommodating one (the result of bribery) - the latter is preferable.

(3) Decision Altering Fees

This is where the line is crossed from the point of view of aggregate utility. When bribes and promises of bribes actually alter outcomes in the real world - a less than optimal allocation of resources and distribution of means of production is obtained. The result is a fall in the general level of production. The many is hurt by the few. The economy is skewed and economic outcomes are distorted. This kind of corruption should be uprooted on utilitarian grounds as well as on moral ones.

(4) Subversive Outcomes

Some corrupt collusions lead to the subversion of the flow of information within a society or an economic unit. Wrong information often leads to disastrous outcomes. Consider a medical doctor or an civil engineer who bribed their way into obtaining a professional diploma. Human lives are at stake. The wrong information, in this case is the professional validity of the diplomas granted and the scholarship (knowledge) that such certificates stand for. But the outcomes are lost lives. This kind of corruption, of course, is by far the most damaging.

(5) Reallocation Fees

Benefits paid (mainly to politicians and political decision makers) in order to affect the allocation of economic resources and material wealth or the rights thereto. Concessions, licences, permits, assets privatized, tenders awarded are all subject to reallocation fees. Here the damage is materially enormous (and visible) but, because it is widespread, it is "diluted" in individual terms. Still, it is often irreversible (like when a sold asset is purposefully under-valued) and pernicious. a factory sold to avaricious and criminally minded managers is likely to collapse and leave its workers unemployed.

Corruption pervades daily life even in the prim and often hectoring countries of the West. It is a win-win game (as far as Game Theory goes) - hence its attraction. We are all corrupt to varying degrees. It is the kind of corruption whose evil outcomes outweigh its benefits that should be fought. This fine (and blurred) distinction is too often lost on decision makers and law enforcement agencies.

ERADICATING CORRUPTION

An effective program to eradicate corruption must include the following elements:

a. Egregiously corrupt, high-profile, public figures, multinationals, and institutions (domestic and foreign) must be singled out for harsh (legal) treatment and thus demonstrate that no one is above the law and that crime does not pay.

b. All international aid, credits, and investments must be conditioned upon a clear, performance-based, plan to reduce corruption levels and intensity. Such a plan should be monitored and revised as needed. Corruption retards development and produces instability by undermining the credentials of democracy, state institutions, and the political class. Reduced corruption is, therefore, a major target of economic and institutional developmental.

c. Corruption cannot be reduced only by punitive measures. A system of incentives to avoid corruption must be established. Such incentives should include a higher pay, the fostering of civic pride, educational campaigns, "good behaviour" bonuses, alternative income and pension plans, and so on.

d. Opportunities to be corrupt should be minimized by liberalizing and deregulating the economy. Red tape should be minimized, licensing abolished, international trade freed, capital controls eliminated, competition introduced, monopolies broken, transparent public tendering be made mandatory, freedom of information enshrined, the media should be directly supported by the international community, and so on. Deregulation should be a developmental target integral to every program of international aid, investment, or credit provision.

e. Corruption is a symptom of systemic institutional failure. Corruption guarantees efficiency and favorable outcomes. The strengthening of institutions is of critical importance. The police, the customs, the courts, the government, its agencies, the tax authorities, the state owned media - all must be subjected to a massive overhaul. Such a process may require foreign management and supervision for a limited period of time. It most probably would entail the replacement of most of the current - irredeemably corrupt - personnel. It would need to be open to public scrutiny.

f. Corruption is a symptom of an all-pervasive sense of helplessness. The citizen (or investor, or firm) feels dwarfed by the overwhelming and capricious powers of the state. It is through corruption and venality that the balance is restored. To minimize this imbalance, potential participants in corrupt dealings must be made to feel that they are real and effective stakeholders in their societies. A process of public debate coupled with transparency and the establishment of just distributive mechanisms will go a long way towards rendering corruption obsolete.

Note - The Psychology of Corruption

Most politicians bend the laws of the land and steal money or solicit bribes because they need the funds to support networks of patronage. Others do it in order to reward their nearest and dearest or to maintain a lavish lifestyle when their political lives are over.

But these mundane reasons fail to explain why some officeholders go on a rampage and binge on endless quantities of lucre. All rationales crumble in the face of a Mobutu Sese Seko or a Saddam Hussein or a Ferdinand Marcos who absconded with billions of US dollars from the coffers of Zaire, Iraq, and the Philippines, respectively.

These inconceivable dollops of hard cash and valuables often remain stashed and untouched, moldering in bank accounts and safes in Western banks. They serve no purpose, either political or economic. But they do fulfill a psychological need. These hoards are not the megalomaniacal equivalents of savings accounts. Rather they are of the nature of compulsive collections.

Erstwhile president of Sierra Leone, Momoh, amassed hundreds of video players and other consumer goods in vast rooms in his mansion. As electricity supply was intermittent at best, his was a curious choice. He used to sit among these relics of his cupidity, fondling and counting them insatiably.

While Momoh relished things with shiny buttons, people like Sese Seko, Hussein, and Marcos drooled over money. The ever-heightening mountains of greenbacks in their vaults soothed them, filled them with confidence, regulated their sense of self-worth, and served as a love substitute. The balances in their bulging bank accounts were of no practical import or intent. They merely catered to their psychopathology.

These politicos were not only crooks but also kleptomaniacs. They could no more stop thieving than Hitler could stop murdering. Venality was an integral part of their psychological makeup.

Kleptomania is about acting out. It is a compensatory act. Politics is a drab, uninspiring, unintelligent, and, often humiliating business. It is also risky and rather arbitrary. It involves enormous stress and unceasing conflict. Politicians with mental health disorders (for instance, narcissists or psychopaths) react by decompensation. They rob the state and coerce businessmen to grease their palms because it makes them feel better, it helps them to repress their mounting fears and frustrations, and to restore their psychodynamic equilibrium. These politicians and bureaucrats "let off steam" by looting.

Kleptomaniacs fail to resist or control the impulse to steal, even if they have no use for the booty. According to the Diagnostic and Statistical Manual IV-TR (2000), the bible of psychiatry, kleptomaniacs feel "pleasure, gratification, or relief when committing the theft." The good book proceeds to say that " ... (T)he individual may hoard the stolen objects ...".

As most kleptomaniac politicians are also psychopaths, they rarely feel remorse or fear the consequences of their misdeeds. But this only makes them more culpable and dangerous.

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