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Wednesday, October 21, 2009

> Congress passes Guantanamo bill

The US Senate has voted to continue to allow Guantanamo inmates to be tried on US soil, removing a hurdle as the Obama administration seeks to close the camp.

The measure, which was passed by the House last week, permits Guantanamo detainees to be brought to the US only in order to face trial in US courts.

Those cleared cannot remain in the US. The bill - passed 79-19 by the Senate - largely mirrors existing restrictions.

It will now go to President Barack Obama to be signed into law.

Mr Obama has set a 22 January 2010 deadline for closing the Guantanamo Bay detention centre in Cuba, where more than 220 inmates are still held.

While some will be tried on US soil, others could be sent to abroad or face military tribunals.

Republican concerns

The legislation passed by Congress on Tuesday removes one of the many legal, diplomatic and political obstacles to the closing of the Guantanamo detention centre.

Under its terms, Congress must be provided with a detailed assessment of the security risk involved before a detainee can be brought to the US.

The administration must also give 15 days' notice of any transfer.

Some Republicans have objected to plans to hold Guantanamo detainees in US prisons, arguing that they do not deserve the protections afforded under US law.

"There is too much at stake to grant the unprecedented benefit of our legal system's complex procedural safeguards to foreign nationals who were captured outside the United States during a time of war," said Senator Saxby Chambliss during the debate.

Correspondents say the legislation will be considered a victory for President Obama.

Under its terms, those convicted will not be able to serve their sentences in US prisons, and those cleared will not be allowed to remain on US soil, even when no other country will accept them.

The matter is to be decided by future legislation or by the Supreme Court - which has begun hearing an appeal by a group of Chinese ethnic Uighurs, who were cleared while being held at Guantanamo.

Their lawyers argue that they should be allowed to resettle in the US rather than China, where as ethnic Muslim Uighurs they would be subjected to persecution.

Saturday, October 10, 2009

> Surprised, humbled Obama awarded Nobel Peace Prize


President Barack Obama won the 2009 Nobel Peace Prize on Friday in a stunning decision designed to build momentum behind his initiatives to reduce nuclear arms, ease tensions with the Muslim world and stress diplomacy and cooperation rather than unilateralism.

Obama said he was surprised and deeply humbled by the honor, and planned to travel to Oslo to accept the prize.

"I do not feel that I deserve to be in the company of so many transformative figures that have been honored by this prize," he said. "I will accept this award as a call to action, a call for all nations to confront the challenges of the 21st century."

Many observers were shocked by the unexpected choice so early in the Obama presidency, which began less than two weeks before the Feb. 1 nomination deadline and has yet to yield concrete achievements in peacemaking.

Some around the world objected to the choice of Obama, who still oversees wars in Iraq and Afghanistan and has launched deadly counter-terror strikes in Pakistan and Somalia.

Obama said he was working to end the war in Iraq and "to confront a ruthless adversary that directly threatens the American people and our allies" in Afghanistan.

Members of the Norwegian Nobel Committee said their choice could be seen as an early vote of confidence in Obama intended to build global support for his policies. They lauded the change in global mood wrought by Obama's calls for peace and cooperation, and praised his pledges to reduce the world stock of nuclear arms, ease American conflicts with Muslim nations and strengthen the U.S. role in combating climate change.

Aagot Valle, a lawmaker for the Socialist Left party who joined the committee this year, said she hoped the selection would be viewed as "support and a commitment for Obama."

"And I hope it will be an inspiration for all those that work with nuclear disarmament and disarmament," she told The Associated Press in a rare interview. Members of the Nobel peace committee usually speak only through its chairman.

The peace prize was created partly to encourage ongoing peace efforts but Obama's efforts are at far earlier stages than past winners'. The Nobel committee acknowledged that they may not bear fruit at all.

"Some people say, and I understand it, isn't it premature? Too early? Well, I'd say then that it could be too late to respond three years from now," Nobel Committee chairman Thorbjoern Jagland said. "It is now that we have the opportunity to respond — all of us."

In Europe and much of the world Obama is lionized for bringing the United States closer to mainstream global thinking on issues like climate change and multilateralism. A 25-nation poll of 27,000 people released in July by the Pew Global Attitudes Project found double-digit boosts to the percentage of people viewing the U.S. favorably in countries around the world. That indicator had plunged across the world under President George W. Bush.

At home, the picture is more complicated. Obama is often criticized as he attempts to carry out his agenda — drawing fire over a host of issues from government spending to health care to the conduct of the war in Afghanistan.

U.S. Republican Party Chairman Michael Steele contended that Obama won the prize as a result of his "star power" rather than meaningful accomplishments.

"The real question Americans are asking is, 'What has President Obama actually accomplished?'" Steele said.

Drawing criticism from some on the left, Obama has been slow to bring troops home from Iraq and the real end of the U.S. military presence there won't come until at least 2012.

In Afghanistan, he is seriously considering ramping up the number of U.S. troops on the ground and asking for help from others, too.

"I don't think Obama deserves this. I don't know who's making all these decisions. The prize should go to someone who has done something for peace and humanity," said Ahmad Shabir, 18-year-old student in Kabul. "Since he is the president, I don't see any change in U.S. strategy in the wars in Iraq and Afghanistan."

Obama has said that battling climate change is a priority. But the U.S. seems likely to head into crucial international negotiations set for Copenhagen in December with Obama-backed legislation still stalled in Congress.

Former Polish President Lech Walesa, who won the prize in 1983, questioned whether Obama deserved it now.

"So soon? Too early. He has no contribution so far. He is still at an early stage. He is only beginning to act," Walesa said.

Unlike the other Nobel Prizes, which are awarded by Swedish institutions, the peace prize is given out by a five-member committee elected by the Norwegian Parliament. Like the Parliament, the committee has a leftist slant, with three members elected by left-of-center parties. Jagland said the decision to honor Obama was unanimous.

The identity of the person who nominated Obama will not be made public unless that person steps forward. The Nobel committee received a record 205 nominations for this year's prize.

The award appeared to be at least partly a slap at Bush from a committee that harshly criticized Obama's predecessor for his largely unilateral military action in the wake of the Sept. 11 terror attacks.

"Those who were in support of Bush in his belief in war solving problems, on rearmament, and that nuclear weapons play an important role ... probably won't be happy," said Valle, the Nobel Committee member.

Obama is the third sitting U.S. president to win the award: President Theodore Roosevelt won in 1906 and President Woodrow Wilson was awarded the prize in 1919. Wilson received the prize for his role in founding the League of Nations, the hopeful but ultimately failed precursor to the contemporary United Nations.

The Nobel committee chairman said after awarding the 2002 prize to former Democratic President Jimmy Carter, for his mediation in international conflicts, that it should be seen as a "kick in the leg" to the Bush administration's hard line in the buildup to the Iraq war.

Five years later, the committee honored Bush's adversary in the 2000 presidential election, Al Gore, for his campaign to raise awareness about global warming.

In July talks in Moscow, Obama and Russian President Dmitry Medvedev agreed that their negotiators would work out a new limit on delivery vehicles for nuclear warheads of between 500 and 1,100. They also agreed that warhead limits would be reduced from the current range of 1,700-2,200 to as low as 1,500. The United States now has about 2,200 such warheads, compared to about 2,800 for the Russians.

But there has been no word on whether either side has started to act on the reductions.
Former Peace Prize winner Mohamed ElBaradei, director general of the International Atomic Energy Agency in Vienna, said Obama has already provided outstanding leadership in the effort to prevent nuclear proliferation.

"He has shown an unshakable commitment to diplomacy, mutual respect and dialogue as the best means of resolving conflicts," ElBaradei said.

Obama also has attempted to restart stalled talks between the Israelis and Palestinians, but just a day after Obama hosted the Israeli and Palestinian leaders in New York, Israeli officials boasted that they had fended off U.S. pressure to halt settlement construction. Moderate Palestinians said they felt undermined by Obama's failure to back up his demand for a freeze.

"I look forward to working closely with you in the years ahead to advance peace," Israeli Prime Minister Benjamin Netanyahu said in a message of congratulations to Obama.

In the Gaza Strip, leaders of the radical Hamas movement said they had heard Obama's speeches seeking better relations with the Islamic world but had not been moved.

"We are in need of actions, not sayings," Prime Minister Ismail Haniyeh said. "If there is no fundamental and true change in American policies toward the acknowledgment of the rights of the Palestinian people, I think this prize won't move us forward or backward."

Obama was to meet with his top advisers on the Afghan war on Friday to consider a request by Gen. Stanley McChrystal, the U.S. commander in Afghanistan, to send as many as 40,000 more troops to Afghanistan as the U.S war there enters its ninth year.

Obama ordered 21,000 additional troops to Afghanistan earlier this year and has continued the use of unmanned drones for attacks on militants in Afghanistan and Pakistan, a strategy devised by the Bush administration. The attacks often kill or injure civilians living in the area.

A Taliban spokesman in Afghanistan has condemned President Barack Obama's winning of the Nobel Peace Prize, saying the American president had only escalated the war by sending more troops.

Qari Yousef Ahmadi accused Obama "of having the blood of the Afghan people on his hands."

In his 1895 will, Alfred Nobel stipulated that the peace prize should go "to the person who shall have done the most or the best work for fraternity between the nations and the abolition or reduction of standing armies and the formation and spreading of peace congresses."

Nominators for the prize include former laureates; current and former members of the committee and their staff; members of national governments and legislatures; university professors of law, theology, social sciences, history and philosophy; leaders of peace research and foreign affairs institutes; and members of international courts of law.

The committee has taken a wide interpretation of Nobel's guidelines, expanding the prize beyond peace mediation to include efforts to combat poverty, disease and climate change.

Until seconds before the award, speculation had focused on a wide variety of candidates besides Obama: Zimbabwe's Prime Minister Morgan Tsvangirai, a Colombian senator, a Chinese dissident and an Afghan woman's rights activist, among others.

by KARL RITTER and MATT MOORE, Associated Press Writers.
Associated Press writers Ian MacDougall in Oslo, Rahim Faiez in Kabul, Celean Jacobson in Johannesburg, George Jahn in Vienna, Monika Scislowska in Warsaw, Poland, Matti Huuhtanen in Helsinki and Jennifer Loven in Washington contributed to this report.

Thursday, September 24, 2009

> 'Thief shouting thief' over Buah Pala

Penang Chief Minister Lim Guan Eng today lashed out at Gerakan state chief Teng Hock Nan and accused him and Barisan Nasional of 'selling out' the Kampung Buah Pala villagers.

In a hard-hitting statement, he asked why Teng has not repented by apologising for his part in selling the land at such cheap rates without consulting the villagers?

Lim urged Teng and BN to provide proof or stop their "shocking lies" that the Pakatan Rakyat government finalised the village land deal and sold Kampung Buah Pala to Koperasi Pegawai Pegawai Kanan Kerajaan Pulau Pinang (Koperasi).

"No amount of false reports by their 'character assassins' will convince Penangnites that BN and the Gerakan government did not rob the villagers of their land," he said.
'Thief shouting thief'

Lim said the declassification of exco minutes on July 7, 2009 showed that the BN state government under then chief minister and Gerakan president Koh Tsu Koon were principally culpable for alienating the land twice to Koperasi in exco meetings on Aug 8, 2004 and June 8, 2005 without consulting the villagers.

"The land was alienated by BN at a ridiculously low land premium of RM10 per square feet (when the market rate then was at least RM50 psf) with unanimous support from all MCA, Gerakan, Umno and MIC state exco members including Teng.

"Teng never repented and apologised... and he is now blaming the Pakatan state government of robbing the villagers of their land, a classic case of 'the thief shouting thief'," he added.

After losing their land, Lim said the BN "land robbers" treated the villagers as illegal squatters with no rights to own their land.

The exco minutes showed that BN offered a RM75,000 flat unit to Kampung Buah Pala villagers.

Unlike BN, Lim said his state government treated them as landowners who were allowed to stay by the original British landlord nearly 150 years ago.

He said the Pakatan state government worked hard to compel the developer to offer a double-storey terrace house with 99 years lease to the residents worth RM600,000.

This successful compensation is widely recognised as the best in Malaysian history, he added.

'There's nothing we could do'

Lim explained that once the decision of the BN state exco was conveyed by approval letters for land alienation and development orders sent out to Koperasi and the developer, the state government was legally bound.

"There is nothing the new government can do. This was also affirmed by the Federal Court decision. The order for eviction and demolition was issued to the developer and not initiated by the state government," he added.

Lim challenged BN to deny that they had issued numerous letters of eviction to the villagers when they were in power.

In contrast, he said, the new state government never issued a single letter of eviction.

"Similarly until now BN or Teng cannot show prove that I promised that I would return the land back to the villagers during the general election as I did not even campaign there," he added.

On the same note, Lim asked: "If BN And Gerakan are so innocent, why is it that Koh (former CM) dare not take up his own challenge of an open public debate with me on national television?"

Lim said the only solution to saving Kampung Buah Pala was to forcibly acquire the land.

"However this would cost the state more than RM100 million, a sum 1.5 million Penangnites can not afford for 24 houses in Kampung Buah Pala.

"Unless of course Teng can write the cheque for the acquisition to redeem and atone for BN's mistake, which he has still not done so," he added - Malaysiakini.

Sunday, September 20, 2009

> SIS files revision against Kartika's whipping


Sisters in Islam yesterday filed an application to the Syariah High Court in Kuantan asking for a revision and a stay of execution against Kartika Sari Dewi Shukarno's whipping sentence.

“As an advocacy group working on women's rights in Islam, SIS is acting in the public interest so as to resolve the controversies and to provide clarity on this issue,” said SIS executive director Dr Hamidah Marican.

Kartika, 32, was arrested at a hotel nightclub and sentenced to six strokes of the cane two month ago in a rare prosecution of religious laws that ban alcohol for Muslims.

Her insistence that she was ready to face her punishment and would not appeal threw the government and religious authorities into a spin as they attempted to carry out the sentence on a woman for the first time.

Last month, as the mother-of-two was detained ahead of the thrashing, she was abruptly released and the punishment is now being held back until after Hari Raya Aidilfitri.

Hamidah also expressed concern that the Pahang Religious Department intended to execute the sentence on Kartika without any prior notice despite newspaper reports that the state chief syarie judge has also filed for a revision of Kartika's sentence

“Since Kartika's case has generated much public concern, nationally and internationally, the insistence on executing the sentence when legal avenues for revision and clarification have not been exhausted shows an utter disregard of a matter of great public and international interest,” said Hamidah.

“SIS urges the authorities to refrain from executing the sentence on Kartika until all legal and other avenues have been exhausted.”

Kartika: Leave me alone

Kartika, who refused to file an appeal against the sentence, had on Wednesday issued a statement that she wanted be left alone and that the caning to proceed.

According to her, too many individuals had tried to press her into filing for a revision of the sentence.

“As such, I give notice that I do not want to be disturbed by any individuals, politicians, government organisations and non-governmental organisations...," she said.

Kartika was fined RM5,000 and and sentenced to six strokes of the rotan by the Kuantan Syariah High Court on July 20 after pleading guilty to drinking alochol at a hotel in Cherating on July 11, 2008.

On Aug 24, the caning was postponed by Pahang Syariah High Court judge Abdul Rahman Yunus out of respect for the month of Ramadan - Malaysiakini.

Thursday, September 17, 2009

> Penan rape: Protest held in front of PM's office

Yip Ai Tsin

Several non-governmental organisations (NGOs) today staged a picket outside the Prime Minister's office in Putrajaya alleging that the government lacked commitment to resolve the plight of the Penan women and girls who were raped by loggers.

Shortly after singing "Negaraku" to commemorate "Hari Malaysia", the group was told to disperse by a group of 15 police personnel who threatened to arrest them for illegal assembly.

The Joint Action Group for Gender Equality (JAG), which comprises five Malaysian women's rights groups, Centre for Orang Asli Concerns (COAC) and Suara Rakyat Malaysia (Suaram) wants the government to:

1) make public the current status of the police criminal investigation of the sexual abuse cases and allocate adequate resources for the investigation as well as the prosecution of the perpetrators;

2) conduct an investigation into the activities of the logging companies identified in the cases of sexual abuse as well as other companies with commercial interests in the Orang Asal native customary rights lands , with a view to uncover and stop violations of human rights;

3) provide support for the survivors of sexual abuse in the form of financial aid, healthcare, education and counselling for the individuals concerned and their families;

4) take steps to ensure that survivors of sexual violence among isolated or rural indigenous communities such as the Penan are able to obtain legal redress by making the justice system more accessible to women from these communities, eradicating corruption among the police force and disseminating easy-to-understand information on their rights and the law;

5) abide by its obligations under the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child;

6) fully incorporate the principles of the United Nations Declaration on the Rights of Indigenous Peoples into federal and state legislation and policies, and not to act in any manner inconsistent with the rights protected therein.

Implement task force

JAG also demanded that the government immediately implement the recommendations of the task force and closely monitor their implementation.

While noting that Malaysia voted for the 2007 United Nations Declaration on the Rights of the Indigenous Peoples, JAG said that the Department of Orang Asli Affairs director-general continue to have the power to displace Orang Asli communities from reserve lands and award compensation for the displacement at his/her discretion, without the communities' free, prior and informed consent.

(The declaration affirmed indigenous community's right not to be forcibly removed from their lands or territories, and the right to participate in decision-making.)

"Sabahan and Sarawakian indigenous people continue to find themselves having to take, often at tremendous risk and very little financial support, case after case native customary land rights to court.

"The communities are all still waiting for justice. They have been met by stone-walling, summary dismissals of their concerns, false allegations of foreign intervention, and a seeming lack of interest by the authorities on meeting their obligations to protect, fulfill and promote human rights in this country," said JAG in a statement.

Orang Asli activist Jenita Engi (right) urged the government to take heed and resolve the matter as justice has been eluding the Penan people for a long time.

Also present was PKR Wanita chief Zuraida Kamaruddin (left) who described the report prepared by Women, Family and Community Development Minister Shahrizat Abdul Jalil as inadequate as it did not lay out action against the culprits and measures to ensure the safety of the Penan women.

"We wonder why is Shahrizat keeping quiet and beating around the bush in this matter. We are even more surprised with Sarawak Deputy Chief Minister Alfred Jabu for doubting the Penans and blaming the NGOs for making up stories," she said.

Instead of protecting the Penans, BN's Sarawak state government is more bent in safeguarding the interest of the logging companies, she added.

"Clearly, self-serving Shahrizat is in cahoots with them," she said.
Report finally made public

Last year, the Ministry of Women, Family and Community Development set up a task force, comprising ministry officials and women NGO representatives, to investigate allegations of sexual abuse against Penan women and girls in Sarawak.

Its report was released earlier this week and listed at least eight cases of sexual abuse of Penan girls and women by logging camp workers. The report said several of the victims were schoolgirls as young as 10.

Local NGOs claim these documented cases were only a small fraction of the total number of cases of sexual abuse.

Allegations first surfaced on the Bruno Manser Foundation website last year - Malaysiakini.