MALAYSIAN INDIAN COMMUNITY, what a pathetic situation?

Independence in 1957 and through the New/National Economic Policies, OPP 1,2,3 and right up to the 8th & 9th Malaysian Plan the Indian poor have been marginalized and sidelined.

In all the aforesaid national development programmes no affirmative action programmes have either been designed or implemented with the view to uplift the living standards of the Indian poor and taking them out of poverty/remaining in the lower income group.

This has resulted in about 80% of the Malaysian Indians remaining in poverty and/or in the lower income group.

Samy Vellu and the MIC repeatedly claim to be able to solve Indianproblems but achieved almost nothing through government development plans.

Even the very basic human necessities have not been addressed even after 50years of Independence.

The truth is the MIC is powerless and the said rulingelite have no regards for them even though the MIC is a very senior partnerin the ruling coalition.

This is so much so that over the last 25 years the Indian poor in Malaysiahave degenerated into the “negros” of Malaysia.

Dr.Mahathir is also primarily responsible for the current pathetic state ofaffairs befalling the Malaysian Indian poor as follows: -

1. KG.MEDAN GENOCIDE
The genocide against the innocent and unarmed people of Kg Medan in 2001left 100 over killed and / or seriously injured still remains a mystery. TheMalaysian Human Rights Commission refused to hold an inquiry while the Staterefused to hold a royal commission of inquiry. The courts / Attorney Generalrefused to hold Inquests into the deaths contrary to Article 5 of theFederal Constitution and section 339 of the Criminal Procedure Code. Worststill only USD526.00 to a maximum of USD6, 578 for some victims beingpermanently maimed and / or loss of life cases was awarded for the saidvictims though RM136.8 billion was approved for the 2006 budget (The StarOnline, Friday, September 30th, 2005)

2. VICTIMISATION BY POLICE /STATE
Studies have revealed that the Indian poor form about 60% of suspects shotdead by the police including an 8-month pregnant Indian lady, 60 % ofinnocent people dying in police custody, 60% of suspects / detainees inpolice lockups and other detention centres. Latest update, Malay Mail,October 3rd 2005 at page 4, 4 ethnic Malaysian Indian men (mere suspects)were shot dead by the police in one day and in one incident. There was zerooutcry from the “Malaysian civil society” as opposed to the London underground suspected bomber who was shot dead and getting worldwide attention and the Prime Minister of the UK apologizing despite being acountry at war (Malay Mail, October 3rd, 2005 at page 3) and “Senior cop tobe charged” New Straits Times, October 9th 2005 at page 29.

3. NO EFFECTIVE LEGAL AID
Out of the aforesaid 60% suspected ethnic Indian criminals, almost 95% ofthem plead guilty when they may not necessarily be guilty. Most of thecrimes they commit (if any) are poverty related. They cannot afford legalfees and neither is there an effective legal aid system. They spend longprison sentences and come out of prisons to be more hardened criminals andpotential terrorists.

4. UNIVERSITY INTAKE
University intake for Indians reduced by about 50% from the over 10% quotain 1970 to 5.2% in 2003. In 2004 the supposed meritocracy system wasintroduced but it turned out to be “meritocracy without merits” Hundreds ofespecially poor ethnic minority Malaysian Indian students were deprieved oftheir basic right to education. Matriculation courses for entry into publicuniversities are almost exclusively for the majority Malay Muslim community.

5. MEDICAL SEATS
Medical seats in the University of Malaya was reduced by 98% from 16 seatsin 2001 to only 1 seat in 2003. This in effect means that the almost 1.8million Indians have to compete for just one (1) medical seat at thisuniversity. When they opted to study at affordable Universities overseas,the government in June 2005, in an effort to reduce the number of ethnicMalaysian Indian medical students studying overseas acted in the mosthostile manner. The Crimea State medical university’s medical degrees werederecognised for dubious and questionable reasons. In an effort to reducethe number of Indian medical doctors most other foreign medical universitieswith high ethnic Malaysian Indian student enrolment is currently having itsstatus reviewed and is also expected to be derecognised.

6. TAMIL SCHOOLS
80% of the 523 Tamil schools (ethnic minority Malaysian Indian schools) arein dilapidated conditions with almost no sports, recreational, computer,library and other basic facilities accorded to National Schools and is stillnot made fully aided government schools when primary school education hasbeen made compulsory by law. To the contrary, the prime minister announced asum of RM1.8 billion for primary and secondary schools in the 2004 budget(NST 13/9/2003 at page 12 (Note: all the above are in breach of Article 8(equality before the law and Article 12 (rights to education) of the FederalConstitution and the Education Act 1968. About 95% of these Tamil schools donot have kindergartens unlike 99% in national schools which has the same.

7. HINDU TEMPLE DEMOLISHMENT
Malaysia is about the one and only country in the world where one Hindutemple / shrine is unlawfully broken down by the state authorities in everythree weeks contravening article 11 (freedom of religion) of the FederalConstitution and the Penal Code. The emergency ordinance (outdated by about40 years) is often used to legalise their actions. There have been reportedcases of policemen torching temples, motolov cocktails thrown into templesby policemen and state authorities or they are simply burnt down orbulldozed down.

8. MAJORITARIAN RULE THROUGH THE CIVIL SERVICE, POLICE AND ARMED FORCES
About 97% of the Civil Servants, police and armed forces personnel are formthe majority Malay Muslims. This “force” is used to rule by “majoritarianmight” at the expense and violations of fundamental Human Rights andvictimization of this ethnic minority Malaysian Indians.

9. TOKEN PARTICIPATION IN THE CIVIL SERVICE
Discrimination in employment in the Civil Service sectors (Indianparticipation in the civil service reduced from about 40% in 1957 to about2% in 2003. This remaining 2% of these Indians largely work in the clericaland industrial manual group (IMG) levels. Senior, Middle level and executivelevel civil service jobs are almost exclusively for the majority MalayMuslims. For promotions etc there is no equal opportunity. This is contraryto article 8 (equality before the law) of the Federal Constitution.

10. DISCRIMINATION IN THE PRIVATE SECTOR
The economy is controlled by the ethnic Chinese minority. The Governmenthas “forced” the Chinese to “accept” average Malay Muslims into the toplevels of the business and corporate sectors. Only the cream of the ethnicminority Indians (about 1%) make it in the private sector

11. NO BUSINESS LICENCES / OPPORTUNITIES
Mearge or no business licences / opportunities / small businesses /commercial licenses for Malaysian Indians to run businesses resulting inless than 1% Indian participation in the country’s economic wealth. (andthat too believed to be largely held by one state sponsored Indianmillionaire).

12. LOWEST PER CAPITA
Studies have revealed that Indians have the lowest per capita income of onlyabout RM 1000.00 per month when the national per capita income is projectedat RM17,741 in the 2006 budget (The Star Online September 30th 2005) This isabout 98.3% below the national average. At the ground we are aware of manyethnic Indian families earning a mearge RM450.00 (USD 118.00) per month.

13. ABUSE OF WOMEN AND CHILDREN
Everyday even ethnic minority Indian women and children are not spared. Aspart of interrogation by the police, an Indian lady was told to perform oralsex on another male detainee at the Rawang police station. Her husband wasthen brought in naked before her and her daughter. She was then told thather 18 year old daughter would be raped later that night.Another 14 year old ethnic minority Indian boy was arrested from his houseand was told to do 150 push ups in police custody. When he stopped at 20 hewas kicked with police boots which broke his leg.

14. LABOUR CLASS
Hopelessness, poverty and lack of opportunities leads to high Indianinvolvement in crime arising out of poverty. 80% of ethnic Malaysian Indianshave degenerated into becoming laborers, Industrial Manual Group (IMG)workers, office boys, security guards, public toilet cleaners, generalworkers, road sweepers, beggars, squatters, criminals, gangsters etc, as aresult of the nearly 50 years of direct discrimination by the state /government.

15. ETHNIC MALAYSIAN INDIAN POOR
Indians form sixty percent (60)% of urban squatters and forty-one (41)% ofbeggars (the economist 22/2/2003). About 80% of this community is in thepoor and / or hardcore poor bracket but receives the least attention as theydon’t have any political clout locally and / or their plight not properlyventilated by the NGOs, Opposition parties and the Malaysian civil societylocally and / or internationally.

16. POVERTY AMONG ESTATE WORKERS / URBAN LABOURERS
Fifty-four (54%) of Malaysian Indians work as plantation or urban underpaidlaborers. (Asiaweek 26/1/2002)

17. PATHETIC MONTHLY WAGES
After 46 years of independence the state has capped the monthly salary ofplantation workers at RM325.00 (USD85.00) per month and RM 350.00 (USD92.00)per month for rubber tappers.

18. POOR STUDENTS
RM200 million was allocated to assist poor students to continue with theireducation (NST 13/9/2003 at page 12) but it is doubtful if even 1% of theethnic minority Indians benefit from this allocation.

19. EMERGENCE OF A NEW ETHNIC MALAYSIAN INDIAN CRIMINAL CLASS
Over the last 25 years a new ethnic Malaysian Indian criminal class hasemerged as a result of the aforesaid years of direct discrimination,oppression and suppression. High incidences of crime, violence, slashingsand killings largely among themselves take place even over the most mundaneissues and / or is poverty related.

20. SQUATTERS
Due to rapid development large plantations have been developed resulting inthe plantation workers being displaced and forced to become squatters. Theirsquatter colonies are in turn demolished to make way for development with noor little alternative housing. Classical case of poverty leading to furtherpoverty.

21. ORPHANS / OLD FOLKS
The majority of orphanages and old folks homes are filled up with members ofthis ethnic minority Indian community. This is yet another clear indicatorof poverty.

22. SKILLS TRAINING
Access to even the lowest level skills training Institutions are deprivedfor this community resulting in most of them remaining unemployed orunskilled workers. Even at the NTS Arumugam Pillai skills training Institutewhich was build on funds derived from the dissolution of the South IndianLabour Fund, not even a single ethnic Malaysian Indian student was admittedin the first intake.

23. UNDOCUMENTED ETHINC MINORITY MALAYSIAN INDIANS
Despite 48 years of Independence, there are thousands of ethnic minorityMalaysian Indians left being undocumented, without birth certificates,identity cards, marriage certificates etc. This in effect precludes andexcludes them from even the formal primary schooling structure what moreobtaining licences to run a business or from securing employment. (c/falmost all aboriginal people in the remotest areas Malaysia are documented)

24. HIGHEST SUICIDE RATE
Indians have the highest suicide rate in the country because of primarilypoverty or poverty related matters, loss of loved ones for example, divorce,etc. Health Minister Datuk Chua Soi Lek stated ,”For Indians, 21.1 personsfor every 100,000 suicides, Chinese 8.6 persons for every 100,000 suicidesand for Malays 2.6 persons for every 100,000 suicides (Sadatul Nahir andRosli, Utusan Malaysia 12/9/2005)

25. NO INDEPENDENT MEDIA
The local print and electronic media gives this community the lowestpriority though they suffer the most serious discrimination, victimisationand violations of human rights. The local media too plays to the gallery andalmost often highlighting “majoritarian issues”/ issues which carriesmileage. The International media prefers Iran, Africa, Katrina terrorist etc.

26. UNCARING INDIAN PROFESSIONALS / BUSINESSMEN.
Indian professionals and businessmen do not care and / or shy away and / orout of fear of the government keep away from the real problems befalling onthis community. They want to be seen to be “multi-racial” / “non racist”and / or championing “majoritarian” issues arising out of minority complex /inferiority complex syndrome.

27. LEAST ATTENTION BY THE OPPOSITION PARTIES NGOS’ AND CIVIL SOCIETY.
Because this community is politically, economically and internationallyinsignificant and where there is not much “mileage” to be made, and / or nolocal and / or international funding, even the opposition parties, NGOS’ andthe Malaysian civil society generally give this community the leastattention and /or prefer to play to the gallery and / or the “majoritarianissues” and / or rather focus on where there is local orinternational “mileage” to be made. In short they too aregenerally “selective” in championing even the worst violated cases / issuesand / or Human Rights issues. (Refer Latest Open Letter dated 5/9/2005 by 30Malaysian NGOs campaigning for all issues concerning merely the majoritycommunity / internationally acclaiming issues except the most seriousaffecting the Malaysian Indians)

28.THE MALAYSIAN HUMAN RIGHTS COMMISSION AND THE ROYAL COMMISSION ON THEPOLICE REFUSE TO REPORT THE TRUTH
The Malaysian Human Rights Commission and the Royal Commission on the Police have continuously refused to report even the most serious violations ofhuman rights by the state against this community. For example the Kg.Medangenocide, shootings to death of suspects, some deaths in police custody andthe gunpoint attack on a human rights lawyer.

29. INDEPENDENT JUDICIARY?
The independence of the judiciary has been put to question in the aforesaid -Kampung Medan genocide for example when the High Court struck out with costsa civil suit by a victim bring a class action against the Malaysian HumanRights Commission for failing to hold an Inquiry without even hearing themerits of the case which the victims believe is because all the victims wereethnic minority Malaysian Indians and the attacks are believed to be statesponsored. Most other such cases against the state authorities are dismissedin a similar fashion or at the end of the trial.

30. INDEPENDENT ATTORNEY GENERAL?
The Attorney General has not been independent in many instances where he hasacted partially in prosecuting lawyers / activists for defending the rightsof this community and / or for failing to initiate Inquests into custodialdeaths / deaths by police shootings of suspects and / or for failing toprosecute police criminals / authorities and / or for failing to act withoutfear or favour.

31. GOVERNMENT BODIES / INSTITUTIONS NOT INDEPENDENT
Almost all government institutions including hospitals, police, chemistryregistration department etc are biased and in favour of the government andhave been known or engaged in “covers up” in favour of the authorities andagainst the people and in particular the ethnic minority Malaysian Indians.

32. NO FUNDING FOR NON PRO-GOVERNMENT NGOS
No funding is granted by the Government for almost all non pro-governmentNGO’s with which they would be a million times more effective.

33. FEAR FACTOR
This community as a result of the years of oppression and suppression andthe factors hereinabove mentioned has turned out to be a fear riddledcommunity. They are fearful to stand up for even the worst form ofviolations, victimisation, discrimination and human rights abuses againstthem. The fatal factor is that they even get the least support from evenNGOs, Opposition parties and the “Malaysian Civil Society”.

CONCLUSION
We hereby call upon the Prime Minister and the Government of Malaysia tostop the sidelining and marginalising especially the Malaysian Indian poor.

We call upon for the creation of equal opportunities for all Malaysiansincluding and not excluding the Malaysian Indian poor.

As an immediate andurgent step forward we call for the extension of all affirmative actionplans and programmes for the majority Malay/Muslim community also to beextended to all the Malaysian Indian poor.

By P. Uthayakumar

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