Philosophy Politics Economics

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Full Support for CIJ "Internet Blackout Day" Posted: 09 Aug 2012 07:35 PM PDT The DAP would like to fully support the campaign launched by The Centre for Journalism (CIJ) Malaysia to hold Malaysia's first ever internet blackout day to protest against the introduction of the Evidence (Amendment) (No. 2) Act 2012. On May 9 2012, the Evidence (Amendment) (No. 2) Act 2012 was passed in the Dewan Negara and gazette by the Law Minister last month. We deem the amendment as a blatant intrusion upon the fundamental human rights of Malaysia's internet users and thus urge the government to repeal this amendment immediately. Section 114(A) severely infringes upon the freedom of online expression and undermines the civil liberties of Malaysia's internet users. We believe the amendment may be construed as an attempt by the powers that be to censor and police what can and cannot be said on the Internet. Such regulation passed with an ulterior motive in mind, only serves to undermine the purpose of the internet to disseminate information and facilitate an environment of open discussion. Due to the broad scope of the terminology employed in the amendment, situations may arise where the act may impair the delivery of justice to wronged parties and even be used to persecute them. Internet subscribers may be held accountable for any comments or content deemed slanderous or offensive published through their internet connection even though it was published by somebody else without their consent. Victims of online identity theft may be charged under the act if offensive content is published online using their stolen accounts. It is plain for all to see that the act just makes it easier for the prosecution to find scapegoats when dealing with cybercrimes instead of finding the real perpetrators. Under this act, identity thieves, con-artists and hackers will remain at large so long as they ply their trade using an internet connection that is attached to somebody else's name. Furthermore, the following sentence "is presumed to have published … unless the contrary is proved" found in Section 114(A) places the burden of proof on the defendant. This runs counter to the principle of law where the defendant is innocent until proven guilty. The act also openly discourages people from sharing their internet be it access to their internet connections or to the websites they operate. Hotels, restaurants and even cyber cafes will no longer be able to offer internet access to its patrons for fear of falling afoul of the law.  This clearly runs contrary to the objective of making Malaysia one of the most "connected" countries in the world. Thus, we would hereby like to reiterate our support for CIJ's initiative to launch an Internet blackout day on 14 August to voice our protest and dissatisfaction against the implementation of the Evidence (Amendment) (No. 2) Act 2012.

George Kent LRT Award: Proof Rent-Seeking Alive & Well Posted: 08 Aug 2012 07:40 PM PDT The Prime Minister Datuk Seri Najib Razak famously declared that "we can no longer tolerate practices that support the behavior of rent-seeking and patronage…" when he launched his landmark New Economic Model (NEM) to replace the New Economic Policy (NEP) on 30 March 2010. I had openly applauded the statement on intent when it was first announced, but cautioned then against the sincerity and political will of the Prime Minister to carry out the necessary reforms to our distorted economy. The recent award of the RM1.18 billion Ampang LRT Extension Project to George Kent Bhd has become just another one of the many nails hammered tightly into the NEM coffin.  The award has proven that not only has Datuk Seri Najib Razak failed to rent-seeking and patronage in the Government procurement and tender processes, these behaviours are becoming increasingly blatant and flourishing in the country. Over the past weeks, the various exposés have shown firstly that George Kent won the bid despite being priced RM167 million higher than the originally recommended bid the project owner Syarikat Prasarana Negara.  Secondly, George Kent was awarded the contract despite failing the technical criteria which has caused the company to be initially rejected by the professional evaluation consultants. Worse, George Kent won the bid over other establish rail players such as Siemens, Balfour Beatty, Bombardier, Posco and Colas despite having zero experience in rail projects.  The company's expertise is in the manufacture and supply "control instrumentation, telemetry, pipes, valves and fittings, industrial and domestic water meters, boilers", as well as "fibre glass reinforced polyester (FRP) panel tanks for bulk water storage". But the industry feedback on the award as reported by the latest issue of The Edge is most damning on the integrity and credibility of the high-power Ministry of Finance Committee headed by Datuk Seri Najib Razak himself. An industry executive was quoted saying that "George Kent might have to subcontract about 70% to 80% of the value of the contract since it is not the original equipment manufacturer of any of the components that are needed for the systems work". A top executive from Siemens has also confirmed that they have been approached by George Kent to participate in the project as a subcontractor.  Similarly, another tenderer for the project Balfour Beatty has also been approached, but executives close to the UK-based group say it has "spurned" the offer. A rail-sector project consultant was then quoted to say "subcontracting more than 30% of the specialised work packages, is questionable since the main contractor would have been selected for its specific technical capabilities".  This is as opposed to George Kent being awarded the contract despite having no such expertise in the industry. The award shows that Ali-Baba like contractors who survive on their political connections as well as their expert navigation of the government procurement processes continue to dominate in Malaysia. At the same time, the complicity of the Prime Minister, who is also the Finance Minister in the award process proves full support for these companies. We are completely aghast at how Datuk Seri Najib Razak can continue to talk about the "New Economic Model" and "Economic Transformation" when Barisan Nasional cronies continue to win lucrative government tenders via rent-seeking and patronage, and not because of competency, quality and price competitiveness.

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