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KUALA LUMPUR, Feb 17 — The High Court in Kota Baru has allowed Ikatan Guru Guru Muslim Malaysia’s (IGuru) application to reinstate its lawsuit to declare vernacular schools as unconstitutional in Malaysia.
The application was filed by IGuru president Mohd Azizee Hasan who was represented by Datuk Shaharudin Ali while federal counsel Nik Nur Adila Mat Zaidan from the Attorney General Chambers (AGC) appeared for the government and the Education Ministry.
High Court judge Wan Ahmad Farid made his decision this morning after the originating summons was previously struck off on January 25 as no lawyer was present to appear for Azizee at the time.
The court then set February 28 for case management for an application by the AGC to transfer the case to the Kuala Lumpur High Court.
Shaharudin in a statement today said his client will challenge this application as they deemed the High Court in Kota Baru the appropriate venue for the matter.
“The intention of the application was to consolidate all vernacular cases to a specified Kuala Lumpur High Court.
“The Plaintiff will be opposing such application by the Attorney General’s Chambers because we take the position that the High Court of Kota Baru has the jurisdiction and is competent to determine the constitutional issues posed to the Court,’’ said Shahrudin.
Last year, two similar challenges were mounted by different groups to seek clarity on Article 152 of the Federal Constitution in relation to the use of the national language as the main medium of instructions in schools and to determine if Sections 17 and 28 of the Education Act violated the constitution.
In 2019, Putra vice-president Mohd Khairul Azam filed a similar lawsuit in his second attempt to have vernacular schools declared unconstitutional, after his first failed in November of that year.
In his lawsuit against the education minister and Malaysian government, Mohd Khairul Azam claimed Sections 28 and 17 of the Education Act are invalid due to alleged inconsistencies with Act 152 of the Federal Constitution.
In February of last year, the High Court had also allowed 14 organisations, including political parties such as MCA, MIC, Gerakan and education and language groups, to become part of Mohd Khairul Azam ‘s constitutional challenge.
Mohd Khairul was also represented by Shaharudin at the time.
PARIS: Lawmakers overwhelmingly approved on Tuesday a bill that would strengthen oversight of mosques, schools and sports clubs to safeguard France from radical Islamists and ensure respect for French values — one of President Emmanuel Macron’s landmark projects.
The vote in the lower house was the first critical hurdle for the legislation that has been long in the making after two weeks of intense debate. The bill passed 347 to 151 with 65 abstentions.
The wide-ranging bill that covers most aspects of French life has been hotly contested by some Muslims, lawmakers and others who fear the state is intruding on essential freedoms and pointing a finger at Islam, the nation’s No. 2 religion. But it breezed through a chamber in which Macron’s centrist party has a majority.
The legislation gained added urgency after a teacher was beheaded in October followed by a deadly attack on a basilica in Nice. The bill known as Art. 18 is known as the ’’Paty law,” named after Samuel Paty, the teacher beheaded outside his school west of Paris. The legislation makes it a crime to endanger the life of a person by providing details of their private life and location. Paty was slain after information about his school was posted in a video.
The bill bolsters other French efforts to fight extremism, mainly security-based.
Detractors say the measures are already covered in current laws and voice suspicions the bill has a hidden agenda by a government looking to entice right-wing voters ahead of presidential elections next year.
Just days before Tuesday’s vote, Interior Minister Gerald Darmanin – the bill’s main sponsor – accused far-right leader Marine le Pen during nationally televised debate of being “soft” on radical Islam and that she needed to take vitamins.
The remark intended to underscore that the ruling party is tougher than the far-right in tackling radical Islamists. But Le Pen criticizes the bill as too weak and has offered what she called her own, tougher counter-proposal. Le Pen, who has declared her candidacy for the 2022 election, lost in the 2017 runoff against Macron.
The bill — which mentions neither Muslims nor Islam by name — is backed by those who see the need to contain what the government says is an encroaching fundamentalism subverting French values, notably the nation’s foundational value of secularism and gender equality.
The planned law “supporting respect for the principles of the Republic” is dubbed the “separatism” bill, a term used by Macron to refer to radicals who would create a “counter society” in France.
Top representatives of all religions were consulted as the text was being written. The government’s leading Muslim conduit, the French Council for the Muslim Faith, gave its backing.
Ghaleb Bencheikh, head of the Foundation for Islam of France, a secular body seeking a progressive Islam, said in a recent interview that the planned law was “unjust but necessary” to fight radicalization.
Among other things, the 51-article bill would ban virginity certificates and crack down on polygamy and forced marriage, practices not formally attached to a religion. Critics say these provisions are already covered in existing laws.
Among key measures is ensuring that children attend regular school starting at age three, a way to target home schools where ideology is taught. Other measures include training all public employees in secularism. Anyone who threatens a public employee risks a prison sentence. In another reference to Paty, the slain teacher, the bill obligates the bosses of a public employee who has been threatened to take action if the the employee agrees.
The bill introduces mechanisms to guarantee that mosques and associations that run them are not under the sway of foreign interests or homegrown Salafists with a rigorous interpretation of Islam.
Associations are to sign a charter of respect for French values and pay back state funds if they cross the line.
To accommodate changes, the bill adjusts France’s 1905 law guaranteeing separation of church and state.
Some Muslims said the sensed a climate of suspicion.
“There’s confusion … A Muslim is a Muslim and that’s all,” said Bahri Ayari, a taxi driver, after worshipping at mid-day prayers at the Grand Mosque of Paris. “We talk about radicals, about I don’t know what. A Muslim is a Muslim and that’s all.” As for convicted radicals, he said, their crimes “get put on the back of Islam. That’s not what a Muslim is.”
“The objective of their strategy was to reclaim power. The means, the consequences — unfortunately that’s why we’re here,” he said, including that Mr Ngaïssona was “fully aware that the group, he was helping to structure, arm, finance, instruct, and organize would inevitably target the Muslim civilian population in western C.A.R. He knew the vengeance within them.”
Each man pleaded not responsible.
“I don’t recognize myself in the charges brought against me,” Mr Ngaïssona said.
“I have understood everything, and I categorically say that these charges are not correct,” Mr Yékatom said.
Their trial is expected to final for around two years.
Perpetrators among the many Seleka are being investigated and also will face justice earlier than the Netherlands-based court, the prosecutor said. A Seleka leader, Mahamat Said, was handed over to the I.C.C. in January.
“There’s tragedy enough to go all around,” Mr Vanderpuye said.
The fact that Seleka and anti-balaka rebels had teamed as much as disrupt December’s election confirmed that the battle was not a religious one at a community level, said Anthony Fabrice Kettemalet, a human-rights activist and schoolteacher who based Bird of Peace, an organization that promotes nonviolence within the Central African Republic. Fairly, he said, politicians had used religious divides as software to govern people and acquire political power.
“We’ve lived for 50 years without justice,” Mr Kettemalet said. “We hope that it’s just the first step in a long journey.”
Efforts to strive perpetrators at home are underway, too. The Central African Republic set up a Special Prison Court in 2015, and although it has not but held a trial, it’s finishing up investigations. It’s reliant on the United Nations and doesn’t have sufficient funding, nevertheless.
KUALA LUMPUR -- Malaysia remains committed to repatriating around 1,200 Myanmar nationals held in the country's immigration detention centers next Tuesday, despite strong protests from civil rights groups and the United Nations High Commissioner for Refugees.
While Myanmar is in turmoil over the recent military coup, a source in Malaysia's Immigration Department told Nikkei Asia the detainees will be sent back as scheduled, requesting anonymity because he was not authorized to speak. An analyst, meanwhile, acknowledged Malaysia's concerns about illegal immigration but argued the controversy shows the need for better coordination with the U.N.
The people are to be deported on three vessels dispatched by Myanmar's navy, as agreed by the junta that ousted the democratically elected government on Feb. 1. The source explained that the Myanmar nationals were held for either possessing expired travel permits or no documents at all.
"They were detained because they were undocumented, a process Immigration undertakes for nationals of any foreign country," the source said.
The Malaysian government was quick to speak out on the Myanmar military takeover, with Prime Minister Muhyiddin Yassin calling it a "setback to democracy" and joining Indonesian President Joko Widodo in calling for an Association of Southeast Asian Nations meeting on the crisis.
But Malaysia has come under fire for the deportation plan. "The principle of non-refoulement applies also in Malaysia as part of customary international law which is binding on all states," Yante Ismail, a UNHCR spokesman in Kuala Lumpur, was quoted by Reuters as saying this week.
That principle holds that no one should be returned to a country where they would be in danger. One particular concern is whether any of the detainees might be Rohingya Muslims -- hundreds of thousands of whom fled alleged persecution by Myanmar's armed forces in the years before the coup.
Malaysia intercepts Rohingya refugees in 2018: Kuala Lumpur insists no Rohingya are among the 1,200 detainees due to be deported to Myanmar. © Reuters
Malaysia's Immigration Director-General Khairul Dzaimee Daud on Monday issued a statement saying the deportation does not involve Rohingya Muslims nor anyone carrying a UNHCR card. He called the move part of "regular repatriation exercises carried out by Immigration depots."
When contacted by Nikkei the next day to confirm the absence of Rohingya and inquire whether international pressure might prompt a rethink, Khairul merely replied, "I have made a statement."
The Immigration Department source conceded that it would be difficult to distinguish undocumented immigrants from refugees who have lost their UNHCR cards.
The Reuters report also noted that the UNHCR has not been allowed to inspect Malaysia's detention centers since August 2019, making it impossible to identify refugees and leaving no way out for asylum seekers.
"While Malaysia's grave concerns lest it become a regional hub for illegal immigration are understandable and should be swiftly dealt with, in the present case, and in view of the recent coup in Myanmar, these detainees should have at least been screened by UNHCR," said Oh Ei Sun, senior fellow at the Singapore Institute of International Affairs.
He added that "in the long run, a better coordinated illegal immigration policy should also be laid out, with close cooperation with and access by UNHCR."
The Bukit Jalil immigration detention center in Kuala Lumpur. © Reuters
Malaysia is not a signatory to the United Nations' 1951 convention and 1967 protocol on the status of refugees. The country criminalizes all arrivals without proper documentation, while refugees are not allowed to work, do business or receive health care discounts.
The UNHCR counted 178,610 refugees and asylum seekers registered with the organization in Malaysia as of the end of last year. Among them, over 154,000 were from Myanmar -- mostly Rohingya Muslims who escaped conflict-ridden parts of the country in and after 2015.
Oh suggested Malaysia needs to strike a careful balance, with other countries sharing some of the responsibility.
"While a stern signal would be sent by Malaysia regionally on its strong stance against illegal immigration, the wider international community, especially the developed countries, would likely look askance at what they consider to be wholesale, indiscriminate deportation of immigrant detainees," he stressed.
"That said, these same concerned countries must be prepared to take in those determined to be refugees, as Malaysia, just like many other developing countries, can ill-afford to let them stay on for long."
A Kashmiri human rights defender on Tuesday said police detained him to keep him away from a delegation of foreign envoys set to visit the disputed region.
Ahsan Untoo, the chairman of the International Forum for Justice and Human Rights, Jammu and Kashmir, told Anadolu Agency from inside a lockup that he was taken into custody in Srinagar on Monday evening.
“I have been told that authorities fear I might hold a protest during the visit of the foreign delegation,” said Untoo, who was also detained on Aug. 5, 2019 when India scrapped the political autonomy of Jammu and Kashmir.
He was detained until last August under a preventive detention law. He has held scores of peaceful, often one-man protests, against alleged rights violations.
His organization has also helped families who accuse Indian forces of human rights violations.
“Do I not have a right, not as an activist but a parent, to meet these envoys and narrate my woes? If we can't even express ourselves before a foreign delegation, what kind of visit is this and what kind of democracy is this?"
A 20-member delegation will visit the Indian-administered Kashmir on Feb. 17-18. This is the fourth tour of foreign envoys organized by India since the region was stripped of its special status.
The Indian government drew flak for past tours from the opposition, who said handpicked people were paraded before the visitors to present a false rosy picture of the region.
Pakistan has also called the upcoming visit a "smokescreen" to create "a false impression of ‘normalcy'" in the Himalayan valley, which is held by India and Pakistan in parts but claimed by both in full. A small sliver of the region is also under Chinese control.
Since they were partitioned in 1947, the two countries have fought three wars, two of them over Kashmir.
Some Kashmiri groups have been fighting against Indian rule for independence, or unification with neighboring Pakistan. Thousands of people have been killed and tortured in the region since 1989, according to several human rights groups./aa
Ukraine on Tuesday condemned the PKK terror group for the massacre of 13 Turkish citizens in northern Iraq.
“It is with deep sorrow that we learned about the deaths of Turkish citizens in northern Iraq. The murderers of unarmed people deserve the most severe condemnation,” Ukraine’s Foreign Ministry said on Twitter.
“We express our sincere condolences to the friendly Turkish people, as well as relatives and friends of the victims.”
The bodies of the 13 Turkish citizens, held captive by the PKK for several years, were found during Turkey’s anti-terror operation in the Gara region in northern Iraq, Defense Minister Hulusi Akar said on Sunday.
In its more than 30-year terror campaign against Turkey, the PKK – listed as a terrorist organization by Turkey, the US, and the EU – has been responsible for the deaths of 40,000 people, including women, children, and infants./aa
New documentary evidence from official French archives revealed that during the 1994 genocide in Rwanda, Paris allowed the perpetrators to flee while ignoring a request by its own ambassador to arrest them.
French online outlet Mediapart published a diplomatic telegram dated July 1994 in the midst of the genocide, accessed by Francois Graner, the research director of the French National Research Center (CNRS), who has been studying official archives related to France’s role in the genocide.
In the genocide, at least 800,000 people mainly from the Tutsi minority were massacred in a span of about 100 days. Thousands of women from the tribe were raped and villages torched and pillaged.
The French army, deployed under the UN peacekeeping mission, established a safe humanitarian zone in Rwanda and the neighboring Democratic Republic of Congo. However, the real intention behind Paris’ humanitarian intervention has been questioned since 1994, with some saying the safe corridor controlled by the French army was a cover to shield the forces behind the planned killing.
Foreign Ministry ordered to let perpetrators go
According to Mediapart, French diplomat Yannick Gerard, in a telegram on July 15, 1994 from Rwanda, sought instructions from Paris on “personalities almost all of which are considered responsible for the massacres” who had arrived in a refugee camp run by the French military in Gisenyi, on the border with Zaire.
The cable said: “We have publicly informed them their presence in the area was not desired” and “they would be put under house arrest until their surrender to the United Nations.”
In response, Bernard Emie, then-advisor to Foreign Minister Alain Juppe and the current director of the General Directorate for External Security (DGSE), wrote:
"You can use all indirect channels, and especially your African contacts, to convey to these officials (under the control of the French army) that we ask them to leave the Safe Humanitarian Aid Zone, without directly disclosing yourself. The international community, and in particular the United Nations, will follow against these so-called authorities. Underline that you can determine the path very soon."
Gerard followed the instructions allowing the people to escape. He opened the closed borders and sent them to the border with vehicles.
Graner told Anadolu Agency that these people were in fact 14 members of the government that committed the genocide, including the prime minister and many government ministers.
Evidence France wanted job done secretly
Although France’s complicity in providing material support in the genocide has come to light through survivors’ testimony and archival documents, Graner said it was not known that the government gave a specific order allowing the perpetrators to escape.
“This document shows how France took this decision and wanted it done secretly. It came from the Foreign Ministry headed by Juppe,” he said.
The decision was taken even before the UN Security Council in New York could decide whether the perpetrators should be arrested.
Graner added that France was the only country that accepted the representatives of the government whose establishment it supported. “During the genocide, in April 1994, two representatives were hosted in the Prime Ministry, the Foreign Ministry, and the Elysee Palace," he said, referring lastly to the presidential residence.
"This is political evidence of France's continued support for an extremist Hutu group before, during, and after the genocide. France relied on them to keep the region under its influence."
Graner stressed the grave consequences of France's support for the genocide against the ethnic Tutsis.
French-Rwandan tensions
Allegations on France’s dubious role and involvement in Rwanda have been a source of tensions between the two countries. In 2016, Rwanda implicated 22 French military officers for their direct role in the genocide.
While Paris has denied claims that it supported the Hutu regime’s efforts to exterminate the Tutsi, it has provided refuge to several figures suspected of planning and carrying out the genocide.
Agathe Kanziga, the widow of assassinated President Juvenal Habyarimana, and alleged powerful figure of the inner Hutu circle responsible for planning the violence, has been living in France. In 2011, France refused an extradition request.
Last year, Felicien Kabuga, known as the financier of the genocide, was arrested after he was found to be hiding in France for 26 years.
According to information collected by the Collective of Civil Parties for Rwanda NGO, there are around 30 cases of people allegedly responsible for the genocide presumed to be living as refugees in France.
During a 2010 trip, the first by a French head of the state since the genocide, then-President Nicholas Sarkozy famously admitted that his country had made “grave errors of judgment” in 1994.
In a bid to reconcile Franco-Rwandan relations, in 2019 President Emmanuel Macron appointed a panel of historians and researchers to investigate France’s role in the Rwanda genocide. The findings of the report are due this year./aa
France’s National Assembly approved a controversial bill Tuesday that has been criticized for targeting Muslims.
The draft law was approved with 347 lawmakers voting in favor, 151 against and 65 abstaining.
Known as the “separatism” bill, it was supported by President Emmanuel Macron’s ruling La Republique En Marche (LREM) party, the Democratic Movement (MoDem), the Agir party and the Union of Democrats and Independents (UDI), while the center-right Republicans (LR) and far left La France Insoumise (LFI) party opposed it.
Lawmakers from the center-left Socialist Party (PS) and French Communist Party (PCF) abstained from voting.
The LR reportedly opposed the bill for including “soft steps.” Bruno Retailleau, who serves as president of the group in the Senate, said in a statement that he wanted to include "Islamist separatism" and a ban on headscarves in public places in the bill.
The bill will be discussed in the Senate on March 30 and is expected to return to the National Assembly after a vote is held.
It was introduced by President Macron last year to fight so-called "Islamist separatism."
The bill is being criticized because it targets the Muslim community and imposes restrictions on almost every aspect of their lives.
It provides for intervening in mosques and the associations responsible for their administration as well as controlling the finances of associations and non-governmental organizations belonging to Muslims.
It also restricts education choices of the Muslim community by preventing families from giving children home education.
The bill also prohibits patients from choosing doctors based on gender for religious or other reasons and makes "secularism education" compulsory for all public officials./aa
US President Joe Biden said Tuesday that every American will be able to get a COVID-19 vaccine by the end of July.
Responding to questions from American citizens at a CNN town hall, Biden said there were only 50 million vaccine doses available when he took office on Jan. 6.
"By the end of July, we’ll have 600 million doses, enough to vaccinate every single American," he added.
He said there will be 400 million vaccine doses available by the end of May.
The US continues to be the hardest hit by the pandemic, which has infected over 27.7 million people in the country and killed nearly 488,000 since the first case was detected in February last year./aa
Families staging a sit-in protest in southeastern Turkey’s Diyarbakir province against the PKK terror group, which is accused of forcibly recruiting children, called on their sons and daughters Tuesday to surrender to Turkish security forces.
The protest outside the office of the Peoples' Democratic Party (HDP), which the government accuses of having links to the PKK, began on Sept. 3, 2019 when three mothers said PKK terrorists forcibly recruited their children and has been growing since then.
Guzide Demir, a grieved mother whose son was abducted to the mountains four years ago, said they are determined to continue the protest.
Demir’s son Aziz was only 16 years old when he was kidnapped.
“They have massacred our 13 children,” she said, referring to the PKK’s recent executions of 13 Turkish citizens in a cave in northern Iraq’s Gara region.
Their bodies were found during Turkey’s anti-terror offensive in the region which was launched to clear its borders of terrorists.
Demir urged her son to surrender to security forces, noting that she would not leave the protest until her son comes back.
“My son, Aziz, come back and surrender to security forces,” she said.
One of the protesting fathers, Salih Gokce, came from eastern Agri province to get back his son Mehmet, who was kidnapped four years ago.
Gokce also condemned the terror group for murdering the 13 Turkish nationals.
He also called on his son to give in to security forces.
“I will not leave this tent. My son, come back and surrender to the merciful hands of the government,” he said.
In its more than 30-year terror campaign against Turkey, the PKK – listed as a terrorist organization by Turkey, the US and the EU – has been responsible for the deaths of 40,000 people, including women, children and infants./aa