Monday, October 10, 2011

Occupy Wall Street: Coming To Asia?

Perhaps I'm to much of a cynic or just overly pessimistic concerning the spread of the Occupy Wall Street protests to Asia.  I once wrote Living In Fear Of Information which  detailed how governments in Asia used various means and methods to control the dissemination of information to their citizens; including the laws and  policies  they used to stifle dissent.  


As the Occupy Wall Street protests spread across America people have asked can these protests happen in Asia?  Given the the economic and political inequality which exists  here it would only seem natural that a movement would spring to life here. Yet, that hasn't happened.


Why is that?


Japan should be ripe for such protests given the complete failure of the political and corporate elite here over their handling of not only the economy but the disaster at the Daiichi nuclear power plant.  One might believe that the Japanese press would lead the way in applying pressure for change. Again you would be wrong.  Here in Japan we have what are euphemistically called "press clubs" these are not fraternal organizations. Press clubs exist at all levels of government here. Be the local fishing cooperative, mayors office,  the governor of a prefecture or every government ministry or the Prime Minister's office they are there to provide the public with information they are there to control it and the media plays along.  


What would happen it the populace took to the streets and how would the government react? We'll probably never know because that would require people to act outside of the group something people here are loath to do.




Malaysia and Singapore share similar attributes in that both countries have been ruled by the same political party since Independence.     


  Singapore's People's Action Party came to power in 1963 two years before gaining independence.  Lee Kuan Yew was Prime Minister of Singapore from 1965-1990. Just before the general elections in 1963  Operation Coldstore was launched
was a security operation launched inSingapore on 2 February 1963 in which at least 111 anti-government left-wing activists were arrested and detained, including key members of the opposition political party Barisan Sosialis. Others arrested included newspaper editors, trade unionists and university students. The operation, authorised by the Internal Security Council which comprised representatives from the British Colonial, Malaysian Federal and Singapore governments, was touted as an anti-Communist sting.Malaya had a strong anti-communist policy. During the Malayan Emergency, Malaya managed to contain communist influence. However, the communists had substantial influence in Singapore. Fearing a communist resurgency, the Malayan Prime Minister Tengku Abdul Rahman insisted that Singapore round up all pro-communists before the merger occurred.[citation needed] Despite Lee Kuan Yew's initial objection[citation needed], the British and the Malayans cast the decisive ballots at the Internal Security Council[citation needed] to launch the operation.
Those arrested were detained under the Prevention of Public Security Order (PPSO)[citation needed]. They were alleged to be involved in subversive activities aiming to establish a "Communist Cuba" in Singapore[citation needed]. The arrestees include
  • Fong Swee Suan
  • , secretary-general SATU and executive committee member, Barisan Sosialis
  • Dominic Puthucheary
  • , committee member SATU and Barisan Sosialis; vice-president Singapore General Employees' Union
  • Tan Teck Wah
  • , president Singapore General Employees' Union; vice-president, SATU
All the charges against those arrested where falsified it was in the end a means to not only control dissent but destroy it.  Other methods used by the government of Singapore has been through the courts bringing charges of libel and slander against those considered to be a threat to the PAP.  Given that all media in Singapore is under government control  and the fear of dissent can one ever imagine an Occupy Wall Street protest in Singapore?


Malaysia's United Malays National Organisation (UNMO)  has like Singapore's (PAP) ruled the country since independence from Great Britain.  Malaysia decided from the beginning that opposition and dissent would never be tolerated:





Internal Security Act (Malaysia)







Some notable sections of the legislation include:
Section 73(1) Internal Security Act 1960: "Any police officer may without warrant arrest and detain pending enquiries any person in respect of whom he has reason to believe that there are grounds which would justify his detention under section 8; and that he has acted or is about to act or is likely to act in any manner prejudicial to the security of Malaysia or any part thereof or to maintenance of essential services therein or to the economic life thereof."
Section 8 ISA: Power to order detention or restriction of persons. "(i) If the Minister is satisfied that the detention of any person is necessary with a view to preventing him from acting in any manner prejudicial to the security of Malaysia or any part thereof or to the maintenance of essential services therein or the economic life thereof, he may make an order (hereinafter referred to as a detention order) directing that that person be detained for any period not exceeding two years."
Section 8(1) theoretically restricts detention to a period not exceeding two years but this limit is readily circumvented because under Section 8(7), the duration of the detention order may be extended indefinitely in increments of up to two years The extension of the detention order may be made on the same grounds as those on which the original order was based or on different grounds. In delivering the judgment of the Court, Steve L.K. Shim CJ (Sabah & Sarawak) in Kerajaan Malaysia & 2 Ors. v Nasharuddin bin Nasir (2003) 6 AMR 497 at page 506, ruled that the powers extended to the Home Minister are valid under the Malaysian Constitution. In addition, preventive detention is also now allowed by the Dangerous Drugs (Special Preventive Measures) Act 1985 and the Emergency (Public Order and Prevention of Crime) Ordinance 1969. The Human Rights Commission of Malaysia (SUHAKAM) has recently recommended that the ISA be repealed and replaced by new comprehensive legislation that, while taking a tough stand on threats to national security (including terrorism), does not violate basic human rights.
detenu can make representations against his/her detention if an order of detention has been made against the detenu by the Minister under Section 8(1) of the ISA but under Section 73 however, the detenu seems to have no such right. Generally, the attitude of the Malaysian courts in respect of detention under Section 73 is that the courts have jurisdiction only in regard to any question on compliance with the procedural requirements of the ISA and they seldom grant any substantive rights to the detenu.
Article 151 of the Malaysian Constitution gives to any person detained without trial (under the special powers against subversion) certain administrative rights. By the terms of Article 151 the authority, on whose order a person is detained, shall, as soon as may be, inform the detainee of the grounds of detention and the allegations of fact on which the order is based. The detainee shall also be given an opportunity within three months, of making representations against the order to an Advisory Board . The Advisory Board as the name implies is not a court. Its determinations are also mere recommendations that the government is under no obligation to accept. It may also be handicapped in its deliberations by the discretionary power of the government to withhold facts, the disclosure of which would, in the executive’s opinion be against national interest.
Any person may be detained by the police for up to 60 days without trial for an act which allegedly threatens the security of the country or any part thereof. After 60 days, one may be further detained for a period of two years each, to be approved by the Minister of Home Affairs, thus permitting indefinite detention without trial. In 1989, the powers of the Minister under the legislation was made immune to judicial review by virtue of amendments to the Act, only allowing the courts to examine and review technical matters pertaining to the ISA arrest.



And like Singapore Malaysia's media is controlled by the state limiting there citizens access to opposing points of view or those critical of the government.  


Don't think that other countries in Asia aren't working hard to control their citizens ability to voice there dissatisfaction with various national governments.  These are just a sampling:  South Korea, Thailand, Burma, Pakistan and Burma are just a few of the many working hard to silence the majority.    








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