Blessed Christmas !

At this important time of year for the Christian faith I send my best wishes to every Christian friend celebrating Christmas.

In the midst of the joyous celebrations let us reflect on those very Christian values of giving, sharing and taking care of others. 

I hope that we can take this opportunity to encourage more inter faith fellowship, to bridge our differences and lift up our families, friends, and neighbours and to reconnect with the values that bind us together. 

Then only we can be very proud at ourselves, as Malaysians, at how we honour these values through helping those in need at home and around us. 

So this Christmas, as we celebrate the birth of Christ with friends, families and neighbours, let us think about those in need at home and around us.  Blessed Christmas and Happy New Year ! 

Incorrigible Sexist

Incorrigible sexist 

From the latest report (http://www.themalaysianinsider.com/malaysia/article/no-rape-threat-just-sarcasm-says-man-of-post-against-g25s-noor-farida), looks like Sharul Nizam still does not understand the gravity of his actions. He went on to comment about women's monthly period in another feeble attempt at sarcasm.  

Language defines us. His innate sexism is manifested by the way he nonchalantly spew out sexist statements without any qualms whatsoever.  

Multitudinous studies have shown the impact language has on our societal  progress, confidence and status.

The words we use can positive or negative effect. Subconsciously, they can also influence our character or our politics. If we all chose our words more carefully, we could make a difference to the way women are treated, and reflected, in society. 

A Google search on "sexist language effect" produces results for why the activity can create issues with confidence and mental health. Most importantly, it is a form of invisible violence. 

Yet our negative collective language on gender remains unchallenged.That's why I say it is time we say an emphatic "NO" to all forms of violence against women.

So let us show  Sharul Nizam that general sarcasm is allowed but not sarcasm that falls under criminal intimidation and threat to rape.  Let us act against criminal sexist language by punishing the perpetrator. PDRM, please get cracking on this incorrigible sexist ! 

Nicole Tan Lee Koon

DAP Wanita National Executive (NEC) member Committee 

Negeri Sembilan State Committee

Blessed Dongzhi !

As we look forward to Christmas and New Year, let me  wish you a happy and blessed Dongzhi (winter solstice).

Dongzhi, literally means “the arrival of winter”, has traditionally been a time for families to gather together for meals and to honour their ancestors.

Therefore, families congregate for a meal of hearty boiled balls of sticky rice  called tangyuan and are served in a sweet or savoury broth.

The reason why the Chinese people celebrate Dongzhi is related to the theory of Yin and Yang. According to the Chinese astrology, Yang symbolizes  positive. Yin symbolizes negative. Even though Yin and Yang also denotes feminine and masculine, respectively, it does not necessarily correlates with negativity and positivity in the true sense of the word.  

The ancient people think from the winter solstice, the Yin is at its peak and will disappear gradually. While the Yang or positive things will become stronger and stronger from the day. So winter solstice is regarded as an auspicious day to celebrate.The tangyuan is also a reminder that celebrators are now a year older and should behave better in the coming year.

Let us take this time to spend time with our families and look forward to a more positive year ahead !!

I dream of a better Malaysia !

I dream of a better Malaysia 

Recently, I had the good fortune of collaborating with Persatuan Promosi Harmoni Malaysia ("Harmoni") for a dialogue. 

For the uninitiated, Harmoni is a non-governmental, non-profit, non-denominational, humanitarian and charitable body dedicated to the promotion and preservation of harmony amongst all people in Malaysia, citizens and residents, irrespective of race, ethnicity, religion and background.

Harmoni was formed to provide a platform for the voices of the moderate-majority to be heard, amidst the current strident religious and racial polemic that builds barriers and hate and impedes the healthy interaction between communities and the development of national unity.

Amongst other initiatives, Harmoni will organise events, conferences and community-based activities to provide opportunities to celebrate our diversity, promote brotherhood and fellowship, encourage interaction and foster rational dialogue (as reflected in the logo of many hands joined together) as a means to generate unity and national solidarity. These initiatives will, where relevant, be implemented in cooperation with other like-minded organisations which subscribe to similar objectives to build bridges between communities and people.

A short video (http://www.thestar.com.my/videos/2015/12/17/golden-hearts-award-2015-more-than-just-a-neighbour/) was shown during the event. It was a poignant and touching video on the plight of Uncle Ah San, who was suffering from elephantiasis, leaving him barely able to walk. Determined to help him better his life, Shirin Aziha Shahidan contacted social activist Syed Azmi who wrote about Uncle Ah San's story online. The story went viral with thousands responding and wanting to help the elderly man.

Also highlighted were the cases of normal and simple folks, all Malaysians, doing their part to help others irregardless of race and religion. What was striking about all those cases were the fact that charity transcends all barriers. A Buddhist nurse, Connie adopted and raised five Malay children as Muslims. 

Rajagopal is an office boy, blind in one eye and living with his wife and daughter in a three-bedroom apartment. He turned over one room to an older man who had been reduced to living on the streets.

Rajagopal fed him for 10 years and cared for him. And when the older man died of dengue, Rajagopal helped in the cremation ceremony, with Hindus and a Sikh paying respects as a Buddhist monk did the final rites.

I took the liberty to find out the definition of "harmony". Amongst others, harmony is defined as goodwill, accord, kinship but the one that struck me the most was "meeting of minds" or consensus ad idem. As lawyers we need to strike a balance when we draft a contract i.e we cannot have a one sided deal. It must be a win win situation. We must agree to disagree and compromise by achieving a meeting of minds before we can finalise the contract. Therefore,  as citizens of Malaysia, we need to have a meeting of minds in order to achieve harmony. We need to emphatise in order to sympathise. We need to work out our differences. We need accept each other's practices and cultures and live together harmoniously. We need to emulate the individuals highlighted above. As they have shown that a Chinese Buddhist lady can raise Malay Muslims children. An Indian Hindu man can cremate a Chinese man with Buddhist rites. A Muslim Malay can help a Chinese Buddhist. 

I dream of a Malaysian Malaysia. I dream of a Malaysia of yesteryears. I dream of a better Malaysia! 

Nicole Tan Lee Koon

PDRM must stop selective prosecution

PDRM must stop practicing selective prosecution and step up the investigations on criminal intimidation against Datuk Noor Farida. 

PDRM's tardiness to investigate on Datuk Noor Farida's case despite the police reports lodged by DAP WANITA in Penang and Perak, both on 10th December 2015; in NS on 11th December 2015 and by Datuk Noor Farida in KL on 14th December 2015 AND PDRM's promptness to investigate Datuk Noor Farida's purported sedition, shows that PDRM is not gender sensitive and a government tool.

Datuk Noor Farida's comments are not seditious, especially compared to the ones made by Ali Tinju. Datuk Noor Farida merely pointed out a defect in the law to make personal sin like khalwat (close proximity) a crime. Personal sins are between God and the individuals. 

PDRM should take cognizance of that instead of eagerly trying to please the government by investigating her. PDRM should take action without fear, favour, prejudice and discrimination.

We found ourselves in an ironic situation of which a person who was threatened to be raped is being investigated instead of the person who issued the threat. 

We also found ourselves in an even more ridiculously ironic situation of which the sedition charges against Ali Tinju was dropped. Ali Tinju who incited  racial unrest on the Low Yat incident immediately threatened to organize another racially incited rally after the charges were dropped. 

In order to be a progressive nation, we must eradicate misogyny and eliminate all forms of violence against women,  Therefore, immediate action should be taken by PDRM to investigate the criminal intimidation against Datuk Noor Farida. Prove to us that PDRM is gender sensitive! 

I also call on more people to be in solidarity with Datuk Noor Farida and G25's right to be heard and without being threatened by selective prosecutions. 

Nicole Tan Lee Koon

Dato Hishamudin Yunus - Lord Denning of Malaysia

Here is a man who stood his ground and fought for justice despite knowing the consequences for doing so. 

Dato Hishamudin retired as a Court of Appeal judge recently. He should have been elevated if not for the judicial appointment and elevation based on patronage and cronyism. 

His landmark decisions were whiffs of fresh air in a cauldron of bad decisions. Bad decisions that were made in order to court favours and elevations. Pun intended. 

His Court of Appeal decision that cross dressing due to a medical condition called Gender Identity Disorder is constitutional was overturned by the Federal Court. 

His decisions are all in line with the Federal Constitution unlike the above mentioned bad decisions which gave precedence to minor laws over the Federal Constitution. 

These bad decisions were made because judges do not conform to the Hercules model that was expounded by Dworkin. Hercules is a superhuman judge who acts without fear or favour. Sadly this is not the case in our current judiciary. Like fish, the rot started from the head downwards. 

As long as the appointment and elevation  goes through the door of one man ie Najib,  we can be rest assured that there will be no Hercules elevated. As Hercules tends to make decisions against the government. Well, let me rephrase that. Make decisions against bad government. Unless we appoint a Hercules as a Chief Justice, we have to contend with bad decisions with bright sparks like Dato Hishamudin and Judge Komala here and there. 

DAP WANITA offers legal assistance to Datuk Noor Farida

DAP WANITA offers legal assistance to Datuk Noor Farida 

1. I refer to the statement "Sarcasm or not, a rape threat is still a threat" http://www.themalaymailonline.com/what-you-think/article/sarcasm-or-not-a-rape-threat-is-still-a-threat-dap-wanita by Syerleena Abdul Rashid on behalf of DAP WANITA. 

I echo Syerleena's statement and would like to add the following. 16 Days of Activism against Gender-based Violence is an international campaign to challenge violence against women and girls. The campaign runs every year from 25 November, the International Day for the Elimination of Violence against Women, to 10 December, Human Rights Day. On the eve of Human Rights Day, the following two incidents were reported.  

(A)Criminal Intimidation against Datuk Noor Farida Ariffin 

 

A man by the name of Sharul Nizam Ab Rahim (reported in the Malay Mail) alluded to the fact that he wanted to sexually assault one of  G25's member, Noor Farida. 

Wanita DAP condemns such action.  Such action (done in jest or otherwise) runs foul of  Article 1 of the UN's Declaration of Elimination of Violence Against Women, i.e threat of sexual assault. Such action is also criminal in nature. We urge the police to conduct investigation under Sections 503 and 507 of the Penal Code to prevent such blatant acts of sexual harassment against women in the future. 

(B) Sexual harassment against Dato' Ambiga Sreenevasan and Maria Chin Abdullah

We condemn the lewd late night phone calls and sms made to Maria Chin Abdullah and Dato' Ambiga Sreenevasan (as reported in the Star) as it is criminal in nature and falls under Section 509 of the Penal Code. 

DBKL should make full use of the cctvs all over Kuala Lumpur to investigate the perpetrators who put up the phone numbers of Dato' Ambiga and Maria at the "Red Light districts" instead of summoning Dato' Ambiga and Maria Chin to remove their phone numbers from the seedy part of the city (which they never did in the first place!). 

2. We urge the government to promulgate specific laws for sexual harassment to cover Facebook postings, phone calls, sms and all forms of sexual harassment not limited to the workplace instead of always falling back on the Penal Code. 

3. Last but not least, as part of our effort to eliminate all forms of violence against women. we DAP WANITA are offering our legal services to Datuk Noor Farida to sue for defamation and sexual harassment.  

Nicole Tan Lee Koon

DAP Wanita National Executive  Committee (NEC) member

DAP Negeri Sembilan State Committee