Selangor Sultan has broken the State Constitution: Appointment of State Secretary

http://www.digitalibrary.my/dmdocuments/malaysiakini/277_selangor.pdf

Download this constitution and refer to para 55:

None in the list of actions that the Sultan has discretion of, is the
appointment of the State Secretary.

The Sultan must act on the advice of the State Executive Council.

Under Para 52, it is mentioned that only the Service Commission be
allowed to appoint the State Secretary but with the Sultan bound to
seek advice from the State Executive Council, the Service Commission
cannot overide the State Executive Council, let alone bypassing him.

This is extraordinary and against the spirit of the constitution and
Parliamentary Democracy.
The wishes of the people through the election of the State Executive
Council must be respected.

This constitution should be similar to Sabah. In Sabah, the state
government has its own Service Commission. They must function
according to strict rules and since it is a commission, i.e. its power
is derived from the Sultan or the TYT in the case of Sabah, the
commission cannot make its decision behind the Chief Minister's back.

The Federal Public Services commission has no right to appoint State
Government officers. Not so sure about the states in West Malaysia.

Study ties brain structure size to socializing

"The woman felt no fear in threatening situations." Thius perfectly
describes my situtations. Does it mean that my Amygdala is very small?

I may be good at mathematics but certainly not good at socialising. I
can talk to many types of people because I don't have any fear of
strangeness or any situations at all but this does not translate to
success in socialising.

Women should be better at it than men because they spend all their
time socialising. One such rule is, if they don't invite you to
weddings, why should you invite them as well. My brain will be scanned
with a CAT scan. It may not be as good as MRI, but with it the doctor
should be able to know the size of my Amygdala, hopefully.

Politicians should have a large Amygdala but how about dictators?

http://www.google.com/hostednews/ap/article/ALeqM5gRw9Gcfw6_C8ucFaxUyQo0fDqdRQ?docId=56b1e32c48fd460c938b6496b20e1837

Study ties brain structure size to socializing

(AP) – 5 hours ago

NEW YORK (AP) — Do you spend time with a lot of friends? That might
mean a particular part of your brain is larger than usual.

It's the amygdala, which lies deep inside. Brain scans of 58
volunteers in a preliminary study indicated that the bigger the
amygdala, the more friends and family the volunteers reported seeing
regularly.

That makes sense because the amygdala is at the center of a brain
network that's important for socializing, says Lisa Feldman Barrett,
an author of the work published online Sunday by the journal Nature
Neuroscience.

For example, the network helps us recognize whether somebody is a
stranger or an acquaintance, and a friend or a foe, said Barrett, of
Northeastern University in Boston.

But does having a bigger amygdala lead to more friends, or does
socializing with a lot of friends create a bigger amygdala? The study
can't sort that out. But Barrett said it might be a bit of both.

She said her study now must be replicated by further research.

The work, supported by the federal government, was aimed at uncovering
basic knowledge rather than producing any immediate practical payoff,
she said. But it might someday lead to ways to help people maintain
active social lives, she said.

People have one amygdala in the left half of the brain and another in
the right half. The findings of the new study held true for each one.

Arthur Toga, a brain-mapping expert at the University of California,
Los Angeles, who didn't participate in the study, called the work well
done and the statistical results strong. The idea of linking a brain
structure to human behavior is "interesting and important," he said.

Amygdala research made headlines earlier this month when researchers
reported on a woman without a working amygdala. The woman felt no fear
in threatening situations.
On the Net:

* http://www.nature.com/neuro

Copyright © 2010 The Associated Press. All rights reserved.
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The Associated Press

Hadith on seeing wrong doings

http://www.sufism.org/society/articles/PeaceHadith.htm

Anyone of you who sees wrong, let him undo it with his hand; and if he
cannot, then let him speak against it with his tongue, and if he
cannot do this either, then (let him abhor it) with his heart, and
this is the least of faith.

No amnesty for capital crimes: Argentina example

Even dictators will pay for the crimes that they commit sooner or
later. Argentina has shown the way.

http://online.wsj.com/article/SB10001424052748704774604576035980945498152.html
Former Argentine Dictator Gets Life in Prison

BUENOS AIRES—Former Argentine dictator Jorge Rafael Videla, on trial
for the first time since the country's Supreme Court rescinded his
amnesty, was sentenced to life in prison by a federal court for the
murder of 31 political prisoners in 1976.

Mr. Videla ruled Argentina from 1976 to 1981 and presided over the so-
called Dirty War in which at least 10,000 people suspected of working
against the regime, and perhaps as many as 30,000, were "disappeared"
and killed, according to historians and human-rights groups.

After the country returned to democracy, Mr. Videla was sentenced in a
landmark 1985 trial to life in prison for abuses committed during his
rule. He served five years before he and other figures from the
dictatorship were pardoned by President Carlos Menem, who said he was
trying to close the book on a divisive era in Argentine history. The
Supreme Court struck down the pardons in 2007, paving the way for new
cases to be brought against officials from the dictatorship.

View Full Image
1222videla
AFP/Getty Images

Former Argentine general and dictator Jorge Rafael Videla (L) and
former army general Luciano Benjamin Menendez await for their sentence
in the trial for the murder of 31 political prisoners.
1222videla
1222videla

Wednesday's sentence was the culmination of a six-month trial in the
city of Cordoba revolving around the case of 31 prisoners suspected of
opposing the regime, who were rousted from their cells and executed
following the coup that brought Mr. Videla to power. A three-judge
panel issued the sentence, which it specified should be served in a
common prison facility, as opposed to in a military jail or under
house arrest.

Mr. Videla, 85 years old, sometimes appeared to doze off during the
trial. He was defiant when he did speak.

"I don't speak of 'Dirty War,' I prefer to speak of 'just war,' " he
said on Tuesday, asserting that his government had implemented a
legitimate defense strategy against leftist guerrilla groups.

He took thinly veiled swipes at the government of President Cristina
Kirchner, who has acted aggressively to bring former officials of the
dictatorship to justice. "The enemies of yesterday achieved their goal
and govern the country and they try to set themselves up as champions
of human rights," Mr. Videla said.

Convicted along with Mr. Videla were 29 other security officials from
the dictatorship, including former Gen. Luciano Benjamin Menendez, who
headed anti-guerrilla operations in a large section of the country.

Write to Matt Moffett at matthew.moffett@wsj.com

Wan Azizah as Malaysia's First Woman PM

There are many accusations that Anwar Ibrahim is crazy to become PM.
This is the reason quoted by UMNO as to why Anwar kept on fighting for
the poor people in Malaysia.

It is very easy for PR Pakatan Rakyat to solve this problem and at the
same time, wield as a weapon against their opponents. Let Anwar only
stand as a State Assemblyman. In this way, Anwar cannot become PM
without massive support from within PR and the voters.

It also removes any possibilility that Anwar be convicted just before
Election day. Based on actions by the Judge in disallowing defence
evidences while allowing dubious prosecution evidences, it is very
clear that Anwar will not get a fair trial. By pre-empting this
decision, Anwar should feel less pressure and allow him to rest and
plan for the coming election.

Anwar must campaign so he must register as a cadidate for the State
Election.

The world seems to go for women as their leaders. Australia, New
Zealand and Germany had gone this way. US may be next.

I don't know my own culture

Although I am getting old, I still don't know much about my own
culture. I used to think that my culture is not that important as long
as my religion is well guarded. However I notice that once I was
exposed to my cultures during marriage ceremonies and cultural dances,
I notice the superiority of the Daling-daling dance and now Mengiluk
over the widely publicised dances in Sabah such as Sumazau and Joget.
Culture is not just to show differences but to show our most beautiful
and elegant creations that will give the most entertainment.

One aspect of this culture is the participative dances. It used to be
dominated by Joget but in the increasing Islamic awareness this is
slowly being phased out. I won't allow my daughter, wife and sisters
to dance with strange men, and vice versa. However there is pressure
for entertainment in celebrations. In my marriage ceremony I used to
protest against any music or dance but they still organise them
because it was deemed as the usual practise, and allow relatives to
entertain themselves. Invited guests were only our close relatives.
Gate crashers will not be allowed.

It was more than 20 years ago that I was reintroduced to the Daling
daling dance because my mother-in-law hired a dancer to perform and
the band to play musing that allows the daling daling dance to be
performed by participants. It is the women, young and old who love to
dance this style of dancing. The women just dance by themselves
without men. Men cannot dance this type of dance anyway. It is too
gentle and require too much body movements. One good thing is that
there is no more Joget. The women like to dance probabably to exercise
while showing off their skills, beauty and elegance. As long as it is
not vulgar like some of the western and korean darnces, it should be
alright.

Mengiluk is more like Zapin. It is fast and therefore tiring for
amateur dancers.I am surprised that I was not aware of it. Based on
elegance, Mengiluk looks superior to any of the previously Malay/
Arabic dances that I was more familiar with. The question is why this
dance was not well promoted at all? Is there any attempt to destroy
other cultures that are not Malay based? Any attempt to destroy the
Suluk culture is futile because the Suluks in the Philippines will
promote it and later will claim it as their sole rights, as what is
happening to the Daling daling dance.

Just now I was asked to attend a dinner wearing a traditional dress.
I was trained to wear Baju Selangor since I was young because we use
it to go for prayers. It was more associated with Islamic culture than
Malay culture. However since I have Arabic blood, it should be better
for me to wear Arabic clothes but we don't do this because these
clothes are reserved for the Imams or extra pious Muslims. I also
don't wear any Jubah because I find it not suitable for me since I
don't like to pretend to be pious. Doesn't it mean that I show
disrespect to my ancestors, especially when I am somehow related to
the Prophet Muhammad himself? I can blame my grandmother and other
grand relatives for not reminding us to respect our ancestors. It is
fortunate that our religious discipline is still very strong. This
could contribute to the neglect of any of the hereditary titles such
as Sharif as being useless and unIslamic. Now I begin to doubt their
course of actions. They could be wrong. One sin is in not telling the
whole truth, at least to their descendents.

I start thiking about this culture business because a nephew, the
first in my family, will get married soon. We had discussed several
cultural issues. We had decided to show cultural dances to our guests
at Kota Kinabalu. This is also for the first time that any of our
family got married outside our home town of Sandakan. People in Kota
Kinabalu are not well exposed with the Suluk culture. One
controversial decision is to get rid of the "merenjis" ceremony as
unIslamic but allowing the "berinai". Berinai is the colouring of
fingers. I used to do this when I got married partly because every
Muslim seem to be doing it and there is no obvious harm in doing it.
Berinai is also deemed as a Hindu culture, not Islamic culture. I am
beginning to doubt it.

There will be 2 dance performances of the Suluks and 1 for the Malay
because the bride is a Malay + Indian. The berinai should be an Indian
rather than Hindu culture so should not be viewed as unreligious, but
so does "merenjis". Maybe, in the end, we shall just follow the crowd.

Idiotic Malaysian Economists vs World Bank

Malaysian Employer's Federation:
"According to MEF's survey, total wages had increased by 97.10 per
cent for executives and 91.21 per cent for non-executives from 1994 to
2007.

"After factoring the Consumer Price Index which increased by 37.3 per
cent during the same period, the actual wage increases were in fact
59.8 per cent for executives and 53.9 per cent for non-executives," he
said.

World Bank:

"Azman said the survey results also disproved the World Bank report
which stated that real wages in Malaysia from the year 1994 to 2007,
only increased by 2.6 per cent."

When you say REAL, it means the salary in 1994 versus salary in 2007,
IN world currency terms, not in Malaysian RM. In 1994, 1US = RM2.4, in
2007, 1US=RM3.8

http://www.bernama.com/bernama/v5/newsbusiness.php?id=548935

December 09, 2010 21:27 PM

MEF Expects Private Sector Employees To See Higher Salaries In 2011

PETALING JAYA, Dec 9 (Bernama) -- Employees in the private sector are
expected to receive higher wages next year -- a clear indication that
the Malaysian economy is healthy and well on the road to recovery,
says the Malaysian Employers Federation (MEF).

Its President Datuk Azman Shah Haron said a survey conducted by the
federation found that wages for executives was forecasted to increase
by 5.79 per cent in 2011 compared with a 5.67 pct increase this year.

The survey found that 80.8 per cent of respondent companies granted
salary increase to all its executives this year which was also higher
than the 5.26 pct increase last year.

For non-executives, 80.3 per cent of the respondent companies granted
salary increase in 2010 which was also higher than in 2009.

This trend of salary increase is consistent with Malaysia's strong
economic recovery, Azman said at a media briefing on the "2010 MEF
Salary Survey for Executives and Non-Executives" here Thursday.

Apart from the Salary Survey, MEF also produced six new publications
including the MEF Compensation and Benefits Survey for Sales/Marketing
Personnel, MEF Fringe Benefits Survey 2010, MEF Survey on Man-Days
Loss, Analysis of Collective Agreements and Awards on Terms and
Conditions of Employment 2009 and MEF Survey on Implementation of
Productivity/Performance Linked Wage System.

Azman said the survey results also disproved the World Bank report
which stated that real wages in Malaysia from the year 1994 to 2007,
only increased by 2.6 per cent.

"According to MEF's survey, total wages had increased by 97.10 per
cent for executives and 91.21 per cent for non-executives from 1994 to
2007.

"After factoring the Consumer Price Index which increased by 37.3 per
cent during the same period, the actual wage increases were in fact
59.8 per cent for executives and 53.9 per cent for non-executives," he
said.

If the wage increases are extended to 2010, the total wage increases
from 1994 to 2010 will amount to 114.23 per cent for executives and
107.4 per cent for non-executives.

Therefore, with Consumer Price Index recorded to increase by 44.8 per
cent from 1994 to 2010, based on the yearly MEF survey on wages the
actual increase in wages from 1994 to 2010 will be 69.43 per cent and
62.6 per cent for executives and non-executives respectively, Azman
added.

This proves that the World Bank's report of real wages increase of
only 2.6 per cent from 1994 to 2007 is untrue.

Only the World Bank knows how this was derived at, as their method of
calculation was not revealed, he added.

The survey also revealed that 86.1 per cent of the respondent
companies granted bonus to their executives in 2010 while 83.7 per
cent provided bonus to non-executives, which was higher than the 80
per cent in 2009.

On MEF's survey on Man-Days Loss, he said 94.6 per cent of companies
surveyed indicated that the most common reason for man-days loss was
due to sick leave, other causes included lateness (56.8 per cent),
visits to clinic/hospital (50 per cent), industrial accident leave
(35.1 per cent), prolonged illness (32.4 per cent).

Other reasons were personal/family problems (28.4 per cent) and
application leave not approved (16.2 per cent) and the average number
of man-days loss due to sick leave (non-hospitalisation) in 2009 was
4.04 days per employee.

Based on the 5.5 million formal employees in the private sector in
Malaysia, the total number of man-days loss due to sick leave (non-
hospitalisation) was 22.2 million days per year, he said.

The survey also indicated that the average wage paid for each employee
who took an average of 4.04 days sick leave was RM294.62 per year
while the medical expenses spent per employee was RM511.09 per year
and the average overtime paid to each employee who covers those on
sick leave was RM441 per year, he said.

The MEF survey covered 35,661 employees and there were an average
268.56 work days available to each employee in a year.

The MEF survey for executives was participated by 220 member
companies, involving a total of 101 benchmark positions covering
11,287 executives.

In the survey for non-executives, responses were collected from 40,424
non-executives in 87 benchmark positions from both manufacturing and
non-manufacturing sectors.

-- BERNAMA

TORAH FORBIDS a JEWISH STATE

http://answers.yahoo.com/question/index?qid=20081106074816AAQO45F

http://www.youtube.com/watch?v=b8GFg3ZOvgs

The TORAH certainly forbids the establishment of a JEWISH state BEFORE
the coming of the Messiah.

If the Jewish state were created before the Messiah, it means that the
state is not blessed, and contrary to the teaching of the Torah. You
can create a State but NOT A JEWISH STATE.

A JEWISH STATE is a STATE THAT GRANTS SPECIAL privileges to JEWS ONLY,
like what is being attempted here.

A normal state, does not grant special rights to any citizens, even in
Malaysia, the constitution only grants rights to natives for
educational and economic assistance only for the less endowed natives.
In current Israel, this is entirely not followed. Jews are given
preferential treatment in immigratiion and other laws over the other
citizens of Israel to the point of killing and stealing properties of
the non-Jews.

Singaporean Intelligence DID NOT admit that ANWAR was GUILTY

https://groups.google.com/group/soc.culture.malaysia/browse_thread/thread/56552abebb5162ad?hl=en#

More lies about Malaysian legal system: Maximum of 50%

The offer is only for a maximum of 50% reduction of maximum sentence.
So it can be ZERO %. It is meaningless for anyone who admit a guilty
plea. For a first offender, by right, the sentencing cannot exceed
50%, of course depending on the circumstances. So an offer for
leniency like this is meaningless.

For those who observe Malaysian legal system in practise, please note
that Anwar Ibrahim got a Maximum of 10 years for a corrupt case where
many evidences were deemed as IRRELEVANT and NOT even considered in
the judgement, whereas murder and rape cases also get similar 10 year
sentences.

Kuala Lumpur is boring to Sabahans

In my days in the 1970s it was so exciting to go to Kuala Lumpur
because of their shopping centres and low prices of goods compared to
Sabah. Now it is no longer so. Kota Kinabalu has an abundant of
shopping centres and our prices here are almost the same as Kuala
Lumpur. Whatever that we cannot get in Sabah, we can easily buy
online.

For Sabahans, that has lots of beaches and water fronts in all major
towns in Sabah, Kuala Lumpur is so boring. Even putting aquarium in
Kuala Lumpur will not make it exciting. Pulau Sentosa island's may
also use an aquarium but being so near to the sea, we somehow overlook
this and pretend that the aquarium is the sea. Similarly for Langkawi
but Kuala Lumpur?

No matter how many buildings you put at Kuala Lumpur including the
mega towers or whatever will not make Kuala Lumpur as exciting as
Sabahan towns or even overseas visitors. These are just different
types and sizes of buildings, nothing more. You quickly get bored of
them over time.

BN has bankrupted Sabah by giving away Sabahan rights and revenues

Even opposition PBS state government managed a 2 billion budget more
than 10 years ago.

Where has all Sabahan revenues gone to?

Now the AG has rated the BN government highly despite overating with
40% deficit budget?
Guaranteed by the falling state revenue.

While our gas and oil keeps on pouring out of Sabah for free to help
develop Malaysia(Malaya).

Sabah budget is amateur work of 'creative accounting'
Tue, 23 Nove 2010 11:23
E-mail Print

By Joe Fernandez

KOTA KINABALU: The Common Interest Group Malaysia (CigMA), an ad hoc
apolitical NGO working across the political divide, has described last
Friday's RM3.07 billion Sabah budget as "creative accounting" put
together by amateurs in the state civil service.

If deficit with water bills is added excluding the bond factor, Sabah
will suffer a deficit in revenue of over 40% next year, according to
CigMA. The state government itself expects revenue to be RM2.75
billion next year with the deficit at 11.67% (RM 320 million) while
the latest Auditor-General's report gives Sabah a good rating for
financial management.

It's not known whether the state budget takes into account the water
bills and the deficit with water bills cited by the NGO.

"It's surprising that the civil service did not engage professionals
for the job," CigMA chair Jeffrey Kitingan told a press conference
here yesterday. "Anyone can see through the budget and pick holes in
it."

Jeffrey, for the first time in many years, had attended the state
assembly sitting on the budget last Friday.

He wanted to share his NGO's main concerns on the state's
"frightening" budget with stakeholders. Jeffrey is also the outgoing
vice-president of PKR and is currently on two months leave until Dec
16.

Elaborating on his charge of "creative accounting", Jeffrey stressed
that the Sabah budget is a bundle of contradictions when it comes to
the salient figures or related matters and issues.

For starters, he wants the state government to explain how the per
capita income in the state will reach RM27,950 next year from this
year's supposedly RM26,355 "when the World Bank says that 40% of
Malaysia's poor reside in Sabah".

Two bond issues

If the figures are accurate, the public has the right to an
explanation on the distribution of this wealth, he points out. "When
there is no explanation, the rakyat (the people) will speculate."

Interestingly, CigMA has discovered that the state government oversaw
not one but two bond issues in mid-2009, that is, RM500 million by the
Sabah Development Bank (SDB) and another for RM544 million by the
state ministry of finance.

"It's the SDB bond issue that the media talks about all the time, with
the state government responding that it has nothing to do with it and
that it's purely undertaken by a company," said Jeffrey. "Now, we
discover from the state budget that there was actually another bond
issue around the same time totalling RM544 million. So, we are talking
about two bond issues last year and not one."

He does not think that the second bond issue had the approval of the
state assembly as required by the state constitution. An unnamed CigMA
accountant, who was also present, said that if the question of
guarantee arises, the federal government is not involved either in the
bond issue.

CigMA wonders why the RM544 million, being a loan and therefore a
liability, has been shown in the 2010 state budget as revenue – not
expenditure – and in the process apparently showing a false "reduction
in the state deficit expenditure".

Jeffrey suspects that the state assemblypersons "are ignorant and not
even aware of this deception". The whole state assembly, he said,
should be held equally responsible for supporting this "deception"
because it approved the state budget without much debate.

"Why does the state government need RM544 million for no apparent
purpose when the state ministry of finance claims that Sabah has
reserves of RM2 billion?" asked Jeffrey. "The only plausible answer is
that the RM2 billion is fixed asset – not liquid or cash – and
therefore the bond was used as cash reserve for paying emoluments
(wages) which needs eight months reserves."

Issuing a bond for "no apparent purpose" does not come cheap either at
the same time. The amortisation of the bond, maturing in 2014 at a
coupon rate of 5%, requires the state government to pay RM615 million
with the coupon amount at RM71.96 million and monthly payments of
RM10.27 million coming to RM123.24 million for a year.

This, according to Jeffrey, is obviously the wrong way of solving the
payment of the emolument problem. The reason: the state ministry of
finance "purposely" exposes Sabah to unnecessary default risk while at
the same time there are no changes to the capacity and capability of
the state institutions.

Emoluments alone come to RM597.56 million per annum for an estimated
21.7% of the state labour force.

'Whole state pawned'

Asked about the AAA rating given for the bond issue by Moody and
Rating Agency Malaysia (RAM), Jeffrey explained the rating was not
linked to capability or capacity but available resources. This simply
means that Sabah has good asset-based collateral. In simple terms, the
whole state has been pawned and in the case of default, the whole
state can be auctioned off, Jeffrey claimed.

He cautioned against not comparing apples with oranges and cited the
case of the US, in particular.

"We can't compare with the US which has a huge economy and investor
confidence remains high," said Jeffrey. "Even then, bond issues in the
US have reached a critical point vis-à-vis China, a main trading
partner. So, US President Barack Obama had to turn to India and
Indonesia recently to soak up Treasury bills (or bonds)."

Arguing against following in the footsteps of Washington on bond
issues, Jeffrey opines that unlike in Sabah, the world has confidence
in the US economy and in the greenback which is still used as a global
trade currency.

On the revenue front, the CigMA chief lamented that most income in the
Gross Domestic Product (GDP), namely income tax, export tax and tax on
petroleum and so on, all goes into the federal coffers. This meant
that the federal government has collected RM15 billion in income tax
alone last year in Sabah, CigMA has discovered, and RM22 billion if
other collections are included.

In return, Sabah got RM20 billion from the federal government for the
entire Ninth Malaysia Plan (2006-2010) period.

The Production Sharing Contract (PSC), meanwhile, allocates only 5% in
oil royalty for Sabah – with Petronas figures being a state secret –
compared with 705 in neighbouring Indonesia. To add insult to injury,
the state is no longer allowed to collect import and excise duties on
petroleum products and instead pawned off with a token RM120 million a
year.

The state government, at the same time, "has made no attempt to
explore new economic growth areas or to seek new income streams". The
total state government investment and redeemable loans in 2009
amounted to RM4.9 billion, according to the state budget, but the
income for next year from this huge amount will total only RM158.09
million or a paltry 3.23% return despite the risks involved.

All this confirms that the state is "stagnating on purpose", said
Jeffrey, and with the people made to believe in rhetoric and hanging
on to palliatives.

He cautioned against looking at the consumption and demand patterns in
the US and Europe which have a well-established manufacturing sector
unlike Sabah which is 60% dependent on oil palm.

"There is no concerted effort to do away with the National Cabotage
Policy – 'let's look at Brunei to circumvent the NCP' – or develop
Sabah to be at par with the states in Peninsular Malaysia," he said,
implying that the state was virtually a colony of Peninsular Malaysia.

"All the talk of fixed deposit and having a good relationship with the
federal government means nothing when Sabah leaders in the state
government just keep quiet on the woes facing the state."

Reason why Malaysia is the worst Human Trafficking violater

The real hero is the lawyer Pereira. There is no obligation at all on
behalf of the immigration to allow the maid to stay behind in order to
wait for her claims. In fact the actions of the immigration is
probably due to observations by human rights groups and UN bodies
rather than out of considerations for humanity or justice. Similarly
for the Malaysian courts of law.

There is not even a single shred of justice for workers in Malaysia.
This is the reason why Malaysia is now among the poorest in the world,
with the worst gap in income, especially Sabah.

http://www.dailyexpress.com.my/news.cfm?NewsID=75930

Ex-waitress: Don't look down on foreign workers

Published on: Tuesday, November 23, 2010

Email to a friend Printer Friendly

Kota Kinabalu: A former Filipina waitress whose earlier Labour Court
decision against a seafood operator was upheld by the High Court,
Monday, urged employers in Sabah not to underestimate or look down on
poor foreign workers.

"We come from poor families to earn an honest living here.

We are not even illegal workers or were trafficked here but came in
properly.

"I know of many other legalised Filipino nationals who are victimised
by other employers in Sabah. They are afraid to air their grievances
in the media or lodge reports with the Labour Department for fear of
losing their jobs because they have many mouths to feed back home,"
said Rocelyn Tubal Raneses, a single mother.

She said either their actual working conditions sometimes differ from
what's stated in the contract or are not in accordance to the
Malaysian Labour Laws.

It is believed to be the first time that a legalised foreign worker's
case against an employer had gone to the High Court level in Sabah.

"I had to endure several months on friends and sympathysers for
financial support while waiting for my case to be finally over," she
said, Monday.

"Maybe because I was a poor kampung girl from the Philippines, I was
supposed to have just gone home long ago without expecting any of the
money that rightfully belonged to me.

"I thank the Malaysian Immigration for being kind enough to grant me
three extensions to stay on for the court hearing. It was not easy
because they (Immigration staff) also got tired of seeing me going
back to them repeatedly.

"Otherwise, you can imagine that I would have been forced to return to
my kids and family penniless because even the Labour Court's decision
in my favour was challenged by my ex-employer," she said.

"I was shocked to learn that a Labour Court decision in Malaysia is
not enforceable at all and can be challenged considering that the sum
in my case is only RM4,000. I'm sure even the legal fees of the other
side could cost 10 times this amount or more, although I know that is
not my concern," she said.

"I am very happy over the outcome and thank my lawyer Pereira for
taking up my case for free. You don't always meet a person like him.

"God will repay his kindness to less fortunate fellow beings.

I also want to thank the church groups for their support, help and
prayers," she said, adding she knew of others in similar situation who
have since returned home.

Rocelyn's happiness, however, is mixed with a tinge of sadness because
her final immigration extension expired on Nov. 16.

"I fear there will be a compound for overstaying.

But it is not my fault. The case has been dragging on for so long.

And now I finally can't go home although I want to because my passport
is with the Immigration Department.

"Last Friday, I called up the department to find out the status of my
passport, and they told me that the Director was not around.

"Today (Monday), I rang up again and they told me to wait until they
called me," she lamented, adding it is too late to catch the ferry.

She needs to go back urgently as got word that her six-year-old son
was warded in hospital in Mindanao with serious food poisoning.

Citizens of Sulu Sultanate demands "Stateless Status" guaranteed by UN

Thje people preparing these identification cards certainly know their
rights and they must fight for them.

Which also means that Malaysia had not complied with this provision
for so long but unfortunately Malaysia was not punished for its wrong
doing.

http://www2.ohchr.org/english/law/stateless.htm

The whole article is copied at the end of this article:

"
Chapter III
GAINFUL EMPLOYMENT
Article 17. - Wage-earning employment

1. The Contracting States shall accord to stateless persons lawfully
staying in their territory treatment as favourable as possible and, in
any event, not less favourable that that accorded to aliens generally
in the same circumstances, as regards the right to engage in wage-
earning employment.

2. The Contracting States shall give sympathetic consideration to
assimilating the rights of all stateless persons with regard to wage-
earning employment to those of nationals, and in particular of those
stateless persons who have entered their territory pursuant to
programmes of labour recruitment or under immigration schemes.
"

http://www.freemalaysiatoday.com/fmt-english/politics/sabah-and-sarawak/12141-sulu-sultanate-ic-surprises-sabah-cops

'Sulu Sultanate' IC surprises Sabah cops
Thu, 28 Oct 2010 11:46
E-mail Print

By Ivan Ho

LAHAD DATU: Migrant workers and stateless people from the Philippines
have started carrying identity cards issued by the "Council of Regents
of the Sultanate of Sulu Darul Islam".

Police were surprised when a Filipino pulled out the card to identify
himself during an operation to weed out illegal immigrants in the
district.

The laminated green identification card about the size of a Malaysian
driving licence was seized from the man during a surprise raid at the
Sri Permata construction site in Dam Road on Monday.

District Officer Zulkifli Haji Nasir said the government did not
recognise such documents and it cannot be used as a legal travel
document by Filipinos in Sabah.

He advised business operators here to be wary of hiring foreigners
with such ID cards.

Meanwhile, district police chief Supt Shumsudin Mat advised the public
not to be alarmed by the finding as it did not post a security threat.

"Our investigation revealed there is no threat to our security. The
bearers simply use it to enter here to find a livelihood, that's all,"
he said.

He explained that police operations against illegal immigrants in the
district was to enhance security.

"It's normal for police to carry out such operations. It has nothing
to do with us finding such a card. In fact the card was found while
police were conducting the operation … no connection at all," he
added.

The back of the seized card read: "To whom it may concern, the holder
of this card is a citizen of the Sultanate of Sulu Darul Islam. Thus
he or she is recognised as 'stateless person' based on Article 1,
Section 1 of the 'Convention relating to status of stateless persons'
regulated by the United Nation High Commissioner for Human Rights.
Entry into force 6th June, 1960".

It is also bears the United Nations logo as well as the impression of
a flag and other logos.

Convention relating to the Status of Stateless Persons

� Text in PDF Format
Adopted on 28 September 1954 by a Conference of Plenipotentiaries
convened by Economic and
Social Council resolution 526 A (XVII) of 26 April 1954
Entry into force: 6 June 1960, in accordance with article 39
Preamble

The High Contracting Parties,

Considering that the Charter of the United Nations and the Universal
Declaration of Human Rights approved on 10 December 1948 by the
General Assembly of the United Nations have affirmed the principle
that human beings shall enjoy fundamental rights and freedoms without
discrimination,

Considering that the United Nations has, on various occasions,
manifested its profound concern for stateless persons and endeavoured
to assure stateless persons the widest possible exercise of these
fundamental rights and freedoms,

Considering that only those stateless persons who are also refugees
are covered by the Convention relating to the Status of Refugees of 28
July 1951, and that there are many stateless persons who are not
covered by that Convention,

Considering that it is desirable to regulate and improve the status of
stateless persons by an international agreement,

Have agreed as follows:
Chapter I
GENERAL PROVISIONS
Article 1. - Definition of the term "stateless person"

1. For the purpose of this Convention, the term "stateless person"
means a person who is not considered as a national by any State under
the operation of its law.

2. This Convention shall not apply:

(i) To persons who are at present receiving from organs or agencies of
the United Nations other than the United Nations High Commissioner for
Refugees protection or assistance so long as they are receiving such
protection or assistance;

(ii) To persons who are recognized by the competent authorities of the
country in which they have taken residence as having the rights and
obligations which are attached to the possession of the nationality of
that country;

(iii) To persons with respect to whom there are serious reasons for
considering that:

( a ) They have committed a crime against peace, a war crime, or a
crime against humanity, as defined in the international instruments
drawn up to make provisions in respect of such crimes;

( b ) They have committed a serious non-political crime outside the
country of their residence prior to their admission to that country;

( c ) They have been guilty of acts contrary to the purposes and
principles of the United Nations.
Article 2. - General obligations

Every stateless person has duties to the country in which he finds
himself, which require in particular that he conform to its laws and
regulations as well as to measures taken for the maintenance of public
order.
Article 3. - Non-discrimination

The Contracting States shall apply the provisions of this Convention
to stateless persons without discrimination as to race, religion or
country of origin.
Article 4. - Religion

The Contracting States shall accord to stateless persons within their
territories treatment at least as favourable as that accorded to their
nationals with respect to freedom to practise their religion and
freedom as regards the religious education of their children.
Article 5. - Rights granted apart from this Convention

Nothing in this Convention shall be deemed to impair any rights and
benefits granted by a Contracting State to stateless persons apart
from this Convention.
Article 6. - The term "in the same circumstances"

For the purpose of this Convention, the term "in the same
circumstances" implies that any requirements (including requirements
as to length and conditions of sojourn or residence) which the
particular individual would have to fulfil for the enjoyment of the
right in question, if he were not a stateless person, must be
fulfilled by him, with the exception of requirements which by their
nature a stateless person is incapable of fulfilling.
Article 7. - Exemption from reciprocity

1. Except where this Convention contains more favourable provisions, a
Contracting State shall accord to stateless persons the same treatment
as is accorded to aliens generally.

2. After a period of three years' residence, all stateless persons
shall enjoy exemption from legislative reciprocity in the territory of
the Contracting States.

3. Each Contracting State shall continue to accord to stateless
persons the rights and benefits to which they were already entitled,
in the absence of reciprocity, at the date of entry into force of this
Convention for that State.

4. The Contracting States shall consider favourably the possibility of
according to stateless persons, in the absence of reciprocity, rights
and benefits beyond those to which they are entitled according to
paragraphs 2 and 3, and to extending exemption from reciprocity to
stateless persons who do not fulfil the conditions provided for in
paragraphs 2 and 3.

5. The provisions of paragraphs 2 and 3 apply both to the rights and
benefits referred to in articles 13, 18, 19, 21 and 22 of this
Convention and to rights and benefits for which this Convention does
not provide.
Article 8. - Exemption from exceptional measures

With regard to exceptional measures which may be taken against the
person, property or interests of nationals or former nationals of a
foreign State, the Contracting States shall not apply such measures to
a stateless person solely on account of his having previously
possessed the nationality of the foreign State in question.
Contracting States which, under their legislation, are prevented from
applying the general principle expressed in this article shall, in
appropriate cases, grant exemptions in favour of such stateless
persons.
Article 9. - Provisional measures

Nothing in this Convention shall prevent a Contracting State, in time
of war or other grave and exceptional circumstances, from taking
provisionally measures which it considers to be essential to the
national security in the case of a particular person, pending a
determination by the Contracting State that that person is in fact a
stateless person and that the continuance of such measures is
necessary in his case in the interests of national security.
Article 10. - Continuity of residence

1. Where a stateless person has been forcibly displaced during the
Second World War and removed to the territory of a Contracting State,
and is resident there, the period of such enforced sojourn shall be
considered to have been lawful residence within that territory.

2. Where a stateless person has been forcibly displaced during the
Second World War from the territory of a Contracting State and has,
prior to the date of entry into force of this Convention, returned
there for the purpose of taking up residence, the period of residence
before and after such enforced displacement shall be regarded as one
uninterrupted period for any purposes for which uninterrupted
residence is required.
Article 11. - Stateless seamen

In the case of stateless persons regularly serving as crew members on
board a ship flying the flag of a Contracting State, that State shall
give sympathetic consideration to their establishment on its territory
and the issue of travel documents to them or their temporary admission
to its territory particularly with a view to facilitating their
establishment in another country.
Chapter II
JURIDICAL STATUS
Article 12. - Personal status

1. The personal status of a stateless person shall be governed by the
law of the country of his domicile or, if he has no domicile, by the
law of the country of his residence.

2. Rights previously acquired by a stateless person and dependent on
personal status, more particularly rights attaching to marriage, shall
be respected by a Contracting State, subject to compliance, if this be
necessary, with the formalities required by the law of that State,
provided that the right in question is one which would have been
recognized by the law of that State had he not become stateless.
Article 13. - Movable and immovable property

The Contracting States shall accord to a stateless person treatment as
favourable as possible and, in any event, not less favourable than
that accorded to aliens generally in the same circumstances, as
regards the acquisition of movable and immovable property and other
rights pertaining thereto, and to leases and other contracts relating
to movable and immovable property.
Article 14. - Artistic rights and industrial property

In respect of the protection of industrial property, such as
inventions, designs or models, trade marks, trade names, and of rights
in literary, artistic and scientific works, a stateless person shall
be accorded in the country in which he has his habitual residence the
same protection as is accorded to nationals of that country. In the
territory of any other Contracting State, he shall be accorded the
same protection as is accorded in that territory to nationals of the
country in which he has his habitual residence.
Article 15. - Right of association

As regards non-political and non-profit-making associations and trade
unions the Contracting States shall accord to stateless persons
lawfully staying in their territory treatment as favourable as
possible, and in any event, not less favourable than that accorded to
aliens generally in the same circumstances.
Article 16. - Access to courts

1. A stateless person shall have free access to the courts of law on
the territory of all Contracting States.

2. A stateless person shall enjoy in the Contracting State in which he
has his habitual residence the same treatment as a national in matters
pertaining to access to the courts, including legal assistance and
exemption from cautio judicatum solvi .

3. A stateless person shall be accorded in the matters referred to in
paragraph 2 in countries other than that in which he has his habitual
residence the treatment granted to a national of the country of his
habitual residence.
Chapter III
GAINFUL EMPLOYMENT
Article 17. - Wage-earning employment

1. The Contracting States shall accord to stateless persons lawfully
staying in their territory treatment as favourable as possible and, in
any event, not less favourable that that accorded to aliens generally
in the same circumstances, as regards the right to engage in wage-
earning employment.

2. The Contracting States shall give sympathetic consideration to
assimilating the rights of all stateless persons with regard to wage-
earning employment to those of nationals, and in particular of those
stateless persons who have entered their territory pursuant to
programmes of labour recruitment or under immigration schemes.
Article 18. - Self-employment

The Contracting States shall accord to a stateless person lawfully in
their territory treatment as favourable as possible and, in any event,
not less favourable than that accorded to aliens generally in the same
circumstances, as regards the right to engage on his own account in
agriculture, industry, handicrafts and commerce and to establish
commercial and industrial companies.
Article 19. - Liberal professions

Each Contracting State shall accord to stateless persons lawfully
staying in their territory who hold diplomas recognized by the
competent authorities of that State, and who are desirous of
practising a liberal profession, treatment as favourable as possible
and, in any event, not less favourable than that accorded to aliens
generally in the same circumstances.
Chapter IV
WELFARE
Article 20. - Rationing

Where a rationing system exists, which applies to the population at
large and regulates the general distribution of products in short
supply, stateless persons shall be accorded the same treatment as
nationals.
Article 21. - Housing

As regards housing, the Contracting States, in so far as the matter is
regulated by laws or regulations or is subject to the control of
public authorities, shall accord to stateless persons lawfully staying
in their territory treatment as favourable as possible and, in any
event, not less favourable than that accorded to aliens generally in
the same circumstances.
Article 22. - Public education

1. The Contracting States shall accord to stateless persons the same
treatment as is accorded to nationals with respect to elementary
education.

2. The Contracting States shall accord to stateless persons treatment
as favourable as possible and, in any event, not less favourable than
that accorded to aliens generally in the same circumstances, with
respect to education other than elementary education and, in
particular, as regards access to studies, the recognition of foreign
school certificates, diplomas and degrees, the remission of fees and
charges and the award of scholarships.
Article 23. - Public relief

The Contracting States shall accord to stateless persons lawfully
staying in their territory the same treatment with respect to public
relief and assistance as is accorded to their nationals.
Article 24. - Labour legislation and social security

1. The Contracting States shall accord to stateless persons lawfully
staying in their territory the same treatment as is accorded to
nationals in respect of the following matters:

( a ) In so far as such matters are governed by laws or regulations or
are subject to the control of administrative authorities;
remuneration, including family allowances where these form part of
remuneration, hours of work, overtime arrangements, holidays with pay,
restrictions on work, minimum age of employment, apprenticeship and
training, women's work and the work of young persons, and the
enjoyment of the benefits of collective bargaining;

( b ) Social security (legal provisions in respect of employment
injury, occupational diseases, maternity, sickness, disability, old
age, death, unemployment, family responsibilities and any other
contingency which, according to national laws or regulations, is
covered by a social security scheme), subject to the following
limitations:

(i) There may be appropriate arrangements for the maintenance of
acquired rights and rights in course of acquisition;

(ii) National laws or regulations of the country of residence may
prescribe special arrangements concerning benefits or portions of
benefits which are payable wholly out of public funds, and concerning
allowances paid to persons who do not fulfil the contribution
conditions prescribed for the award of a normal pension.

2. The right to compensation for the death of a stateless person
resulting from employment injury or from occupational disease shall
not be affected by the fact that the residence of the beneficiary is
outside the territory of the Contracting State.

3. The Contracting States shall extend to stateless persons the
benefits of agreements concluded between them, or which may be
concluded between them in the future, concerning the maintenance of
acquired rights and rights in the process of acquisition in regard to
social security, subject only to the conditions which apply to
nationals of the States signatory to the agreements in question.

4. The Contracting States will give sympathetic consideration to
extending to stateless persons so far as possible the benefits of
similar agreements which may at any time be in force between such
Contracting States and non-contracting States.
Chapter V
ADMINISTRATIVE MEASURES
Article 25. - Administrative assistance

1. When the exercise of a right by a stateless person would normally
require the assistance of authorities of a foreign country to whom he
cannot have recourse, the Contracting State in whose territory he is
residing shall arrange that such assistance be afforded to him by
their own authorities.

2. The authority or authorities mentioned in paragraph 1 shall deliver
or cause to be delivered under their supervision to stateless persons
such documents or certifications as would normally be delivered to
aliens by or through their national authorities.

3. Documents or certifications so delivered shall stand in the stead
of the official instruments delivered to aliens by or through their
national authorities and shall be given credence in the absence of
proof to the contrary.

4. Subject to such exceptional treatment as may be granted to indigent
persons, fees may be charged for the services mentioned herein, but
such fees shall be moderate and commensurate with those charged to
nationals for similar services.

5. The provisions of this article shall be without prejudice to
articles 27 and 28.
Article 26. - Freedom of movement

Each Contracting State shall accord to stateless persons lawfully in
its territory the right to choose their place of residence and to move
freely within its territory, subject to any regulations applicable to
aliens generally in the same circumstances.
Article 27. - Identity papers

The Contracting States shall issue identity papers to any stateless
person in their territory who does not possess a valid travel
document.
Article 28. - Travel documents

The Contracting States shall issue to stateless persons lawfully
staying in their territory travel documents for the purpose of travel
outside their territory, unless compelling reasons of national
security or public order otherwise require, and the provisions of the
schedule to this Convention shall apply with respect to such
documents. The Contracting States may issue such a travel document to
any other stateless person in their territory; they shall in
particular give sympathetic consideration to the issue of such a
travel document to stateless persons in their territory who are unable
to obtain a travel document from the country of their lawful
residence.
Article 29. - Fiscal charges

1. The Contracting States shall not impose upon stateless persons
duties, charges or taxes, of any description whatsoever, other or
higher than those which are or may be levied on their nationals in
similar situations.

2. Nothing in the above paragraph shall prevent the application to
stateless persons of the laws and regulations concerning charges in
respect of the issue to aliens of administrative documents including
identity papers.
Article 30. - Transfer of assets

1. A Contracting State shall, in conformity with its laws and
regulations, permit stateless persons to transfer assets which they
have brought into its territory, to another country where they have
been admitted for the purposes of resettlement.

2. A Contracting State shall give sympathetic consideration to the
application of stateless persons for permission to transfer assets
wherever they may be and which are necessary for their resettlement in
another country to which they have been admitted.
Article 31. - Expulsion

1. The Contracting States shall not expel a stateless person lawfully
in their territory save on grounds of national security or public
order.

2. The expulsion of such a stateless person shall be only in pursuance
of a decision reached in accordance with due process of law. Except
where compelling reasons of national security otherwise require, the
stateless person shall be allowed to submit evidence to clear himself,
and to appeal to and be represented for the purpose before competent
authority or a person or persons specially designated by the competent
authority.

3. The Contracting States shall allow such a stateless person a
reasonable period within which to seek legal admission into another
country. The Contracting States reserve the right to apply during that
period such internal measures as they may deem necessary.
Article 32. - Naturalization

The Contracting States shall as far as possible facilitate the
assimilation and naturalization of stateless persons. They shall in
particular make every effort to expedite naturalization proceedings
and to reduce as far as possible the charges and costs of such
proceedings.
Chapter VI
FINAL CLAUSES
Article 33. - Information on national legislation

The Contracting States shall communicate to the Secretary-General of
the United Nations the laws and regulations which they may adopt to
ensure the application of this Convention.
Article 34. - Settlement of disputes

Any dispute between Parties to this Convention relating to its
interpretation or application, which cannot be settled by other means,
shall be referred to the International Court of Justice at the request
of any one of the parties to the dispute.
Article 35. - Signature, ratification and accession

1. This Convention shall be open for signature at the Headquarters of
the United Nations until 31 December 1955.

2. It shall be open for signature on behalf of:

( a ) Any State Member of the United Nations;

( b ) Any other State invited to attend the United Nations Conference
on the Status of Stateless Persons; and

( c ) Any State to which an invitation to sign or to accede may be
addressed by the General Assembly of the United Nations.

3. It shall be ratified and the instruments of ratification shall be
deposited with the Secretary-General of the United Nations.

4. It shall be open for accession by the States referred to in
paragraph 2 of this article. Accession shall be effected by the
deposit of an instrument of accession with the Secretary-General of
the United Nations.
Article 36. - Territorial application clause

1. Any State may, at the time of signature, ratification or accession,
declare that this Convention shall extend to all or any of the
territories for the international relations of which it is
responsible. Such a declaration shall take effect when the Convention
enters into force for the State concerned.

2. At any time thereafter any such extension shall be made by
notification addressed to the Secretary-General of the United Nations
and shall take effect as from the ninetieth day after the day of
receipt by the Secretary-General of the United Nations of this
notification, or as from the date of entry into force of the
Convention for the State concerned, whichever is the later.

3. With respect to those territories to which this Convention is not
extended at the time of signature, ratification or accession, each
State concerned shall consider the possibility of taking the necessary
steps in order to extend the application of this Convention to such
territories, subject, where necessary for constitutional reasons, to
the consent of the Governments of such territories.
Article 37. - Federal clause

In the case of a Federal or non-unitary State, the following
provisions shall apply

( a ) With respect to those articles of this Convention that come
within the legislative jurisdiction of the federal legislative
authority, the obligations of the Federal Government shall to this
extent be the same as those of Parties which are not Federal States;

( b ) With respect to those articles of this Convention that come
within the legislative jurisdiction of constituent States, provinces
or cantons which are not, under the constitutional system of the
Federation, bound to take legislative action, the Federal Government
shall bring such articles with a favourable recommendation to the
notice of the appropriate authorities of States, provinces or cantons
at the earliest possible moment;

( c ) A Federal State Party to this Convention shall, at the request
of any other Contracting State transmitted through the Secretary-
General of the United Nations, supply a statement of the law and
practice of the Federation and its constituent units in regard to any
particular provision of the Convention showing the extent to which
effect has been given to that provision by legislative or other
action.
Article 38. - Reservations

1. At the time of signature, ratification or accession, any State may
make reservations to articles of the Convention other than to articles
1, 3, 4, 16 (1) and 33 to 42 inclusive.

2. Any State making a reservation in accordance with paragraph 1 of
this article may at any time withdraw the reservation by a
communication to that effect addressed to the Secretary-General of the
United Nations.
Article 39. - Entry into force

1. This Convention shall come into force on the ninetieth day
following the day of deposit of the sixth instrument of ratification
or accession.

2. For each State ratifying or acceding to the Convention after the
deposit of the sixth instrument of ratification or accession, the
Convention shall enter into force on the ninetieth day following the
date of deposit by such State of its instrument of ratification or
accession.
Article 40. - Denunciation

1. Any Contracting State may denounce this Convention at any time by a
notification addressed to the Secretary-General of the United Nations.

2. Such denunciation shall take effect for the Contracting State
concerned one year from the date upon which it is received by the
Secretary-General of the United Nations.

3. Any State which has made a declaration or notification under
article 36 may, at any time thereafter, by a notification to the
Secretary-General of the United Nations, declare that the Convention
shall cease to extend to such territory one year after the date of
receipt of the notification by the Secretary-General.
Article 41. - Revision

1. Any Contracting State may request revision of this Convention at
any time by a notification addressed to the Secretary-General of the
United Nations.

2. The General Assembly of the United Nations shall recommend the
steps, if any, to be taken in respect of such request.

Article 42. - Notifications by the Secretary-General of the United
Nations

The Secretary-General of the United Nations shall inform all Members
of the United Nations and non-member States referred to in article 35:

( a ) Of signatures, ratifications and accessions in accordance with
article 35;

( b ) Of declarations and notifications in accordance with article 36;

( c ) Of reservations and withdrawals in accordance with article 38;

( d ) Of the date on which this Convention will come into force in
accordance with article 39;

( e ) Of denunciations and notifications in accordance with article
40;

( f ) Of request for revision in accordance with article 41.

In faith whereof the undersigned, duly authorized, have signed this
Convention on behalf of their respective Governments.

Done at New York, this twenty-eighth day of September, one thousand
nine hundred and fifty-four, in a single copy, of which the English,
French and Spanish texts are equally authentic and which shall remain
deposited in the archives of the United Nations, and certified true
copies of which shall be delivered to all Members of the United
Nations and to the non-member States referred to in article 35.

Deflation and High Currency Value is a sign of Prosperity

If your economy can maintain deflation and high currency economic
regimes, it should mean that your economy is resilent, because the
opposite is always caused by inefficient economy.

The most important objective of a sound economy is the maximum
utilisation of resources and resources are best preserved by
maintaining a deflationary and high currency value economic regimes.

High currency value means that your resources will cost even more and
yet many people still want to buy it, so nations are selling their
resources at a premium. These resources could be raw materials but
also the land and raw materials including water and air of the nation,
as well as the value of the work put by citizens of the nation.

Deflationary means that once the citizens are paid, the money that
they are paid with have a much higher value as time passes. It shows
that the economy keeps on adding value even to liquid assets. It shows
that there is no demand for hard assets because there is no need for
housing or luxury materials. It shows that the consumers, i.e. the
citizens have what they have wanted all the time. No need for them to
spend cash to satisfy them of any materials that can be considered as
hard assets such as cars and houses.

The problem with Japan is that it had been most successful in handling
its economy. It simply followed the best ways of managing an economy
based on established objectives such as "maximising resources".

How about maximising the satisfaction of its citizens? Are the
citizens happy and well taken care of?? Do they have jobs?

Unemployment can cause deflation. This is one of the effects of
recession. The total GDP shrinks. This GDP is usually valued in local
currency so inflation will increase GDP but does not increase the
satisfaction of their citizens, as shown by Zimbabwe with their large
number of billionaires that cannot purchase anything valuable with
their billions worth of local currency.

This recession does not happen to Japan. If we take into account the
increasing value of its local currency, it's economy should grow much
faster than what is shown by statistics that are based on local
currency values. GDP grown should be based on world currency, instead
of just local currency in order to be useful.

Sustained deflation is therefore a good sign for the economy as long
as the economy keeps on growing faster that the growth in population.
In fact the aim should be deflation, instead of inflation or even zero
price change. Just look at the price of PCs. It shows real deflation
but it means that there is progress, instead of retardation.

Compare my comments with the article below. The article below should
convey conventional wisdom based on other articles and books, but we
should review this analysis and go back to fundamentals of economics.

http://www.nytimes.com/2010/10/06/business/global/06rate.html?src=busln

Jewish Israeli soldiers treat all civilians as terrorists

It is confirmed by a Malaysian that the Israeli soldiers shouted at
passengers of the aid ships that these aid workers were terrorists.
The aid ships were stopped in International waters after some of them
were killed by Israeli gun fires from their helicopters. the Israeli
commandos were disarmed and their guns thrown to the sea by the aid
workers and they hit soldiers with sticks in order to prevent them
from boarding the ships.

No wonder they blind fold all their captives. They treat all civilians
as terrorists. But armed soldiers kidnapping aid workers in
internatioinal waters are themselves not terrorists? Killing unarmed
aid workers also not terrorism? With this kind of mentality, it is not
surprising that the Jews were the real terrorists and had been killing
innocent civilians deliverate and premeditatedly. It is no chance that
Corie, a US citizen, were killed by these Jewish Israelis. She was
deliberately murdered by the terrorist government of Israel.

Malaysian Company sues Apple for Patent Infringement

It shows the imporatance of patenting ideas. Please note that Patents
are only ideas. You don't have to build it but this Malaysian company
actually builds terminals. Unforatunately it is quiet in Malaysian
newspapers.

http://www.itproportal.com/portal/news/article/2010/8/31/malaysian-company-sues-apple-over-geotargeted-adverts/

Malaysian Company Sues Apple Over Geotargeted Adverts

31 August, 2010, by ITProPortal Staff

Apple has been sued by a Malaysian firm called StreetSpace which
claims ownership of a patent related to location based advertising.

The lawsuit involves Apple's iAd mobile advertising service, which
uses GPS data to deliver location based advertisement on users'
device.

StreetSpace has also sued other wireless advertising services
providers including Apple owned Quattro Wireless, Google, AdMob,
Nokia, Navteq, Millenial Media and Jumptap.

The Malaysian firm is responsible for developing a remote Internet
terminal called Web Station where customers walk-up to this station
and access the Internet.

The system uses a technology which helps the company in delivering
targeted advertisements to the customers.

StreetSpace has based its lawsuit on a US patent titled 'Method and
System for Providing Personalized Online Services and Advertisements
in Public Spaces', which was awarded to it in 2005.

The issue might prove a major hindrance for Apple's iAd service,
which, according to StreetSpace, uses its patented technology to
deliver targeted advertisements based on user's location, profile and
usage history.

More proofs that Sabah continue to be neglected

What more do you want proof for?

Only 100 million for the whole Sabah when the total fund is supposed
to be billions???

That means less than 10% as always for SAbah that accounts for 23%
area and 14% population, and most of the poor are in Sabah, making up
more than 30% and yet receiving less than 10%.

Isn't the promise by Federal Leaders that they WILL NOT DEVELOP SABAH,
because it is not economical, so true again? Why are Sabahans so blind
to this????

This is the dilemma of Sabahans that don't bother to count properly,
and elect leaders similarly stupid as they are.

http://www.dailyexpress.com.my/news.cfm?NewsID=74283

YB upset Sukau has been left out

Published on: Wednesday, August 25, 2010

Email to a friend Printer Friendly

Kota Kinabalu: Sukau may continue to be among the poorest State
constituencies in Sabah since it has not received a single rural
development project under the National Key Results Area (NKRA) funds.

Its Assemblyman Saddi Abdul Rahman was disappointed that the Ministry
of Rural and Regional Development did not consider channeling some
development projects to provide basic amenities in Sukau.

"Together with other elected representatives, I had listed more than
94 rural projects worth over RM100 million that are needed in Sukau
particularly basic amenities like roads, supply of water and
electricity, among others.

"I submitted my proposal for funding under NKRA to the Ministry before
the deadline on Sept 10 last year.

"Unfortunately, not even a single rural project under NKRA's billions
of Ringgit in funds has been approved and given to Sukau until now,"
he lamented here, on Tuesday.

He was responding to a statement by Chief Minister Datuk Seri Musa
Aman's in Keningau, that the government will probe how government
allocations are spent for development projects in the State.

Musa said it was interesting that allocations for certain areas
sometimes did not match the sum stated during the briefings by heads
of local administrations.

"The government will take necessary action to identify where the
billions went to," Musa said at a briefing by five district officers -
Keningau, Tenom, Nabawan, Tambunan and Ranau- on development
strategies adopted for each district at Perkasa Hotel, in Keningau on
Monday.

Saddi said it is vital for such investigation to be carried out as the
government, especially elected representatives, are answerable to the
grassroots.

"What Musa has said is timely and such probe should be implemented as
the development funds to carry out projects are for the people to
enjoy basic amenities and facilities that could elevate their living
standard and bring comfort to their lives," he said.

Sukau residents from 42 villages have been waiting for rural
development projects from the government to provide better road
conditions as well as supply of water and electricity which some have
yet to enjoy.

"The villagers are questioning what has happened to the NKRA funds and
why not even one project is approved for Sukau. They are feeling
cynical about why the government has overlooked their interests and
needs.

"I am also feeling disappointed that the ministry has not responded to
several follow-up letters that I have submitted. In the letters, I
have asked whether Sukau will be getting any rural projects under NKRA
funds," he said.

MTUC finally understands the need for Minimum wage

I have been trying hard to get workers to demand for minimum wages.
This article shows that hopefully they understand what is at stake
here. They must have asked some economists to make factual research
and comparisons. At least there is hope for Malaysia but time is
running out.

http://www.theborneopost.com/?p=59215

Home » News » Local » 'Minimum wage: Hard to convince bosses'
'Minimum wage: Hard to convince bosses'

August 18, 2010, Wednesday

KUCHING: Malaysian Trade Union Congress (MTUC) Sarawak said the
union's greatest task in its fight for minimum wage is convincing
employers that a minimum wage is in their economic interest in the
long run.
Andrew Lo

Andrew Lo

"So the first question is how to convince employers that a minimum
wage is in their economic interest in the long run and the second
question is to convince the government that it is in Malaysia's
economic interest to have a minimum wage," said MTUC Sarawak secretary
Andrew Lo.

Of late, there has been a growing debate on whether or not Malaysia
should introduce a minimum wage policy. The call for a minimum wage
has been on the ascendancy ever since MTUC first proposed a nationwide
minimum wage more than 12 years ago, when Tun Mahathir Mohamad was
Prime Minister.

Lo said, because of the undying objection by the business community
led by the Malaysian Employers Federation (MEF), the government at
that time rejected the idea of a nationwide minimum wage asserting
that it would lead to an increase in the cost of doing business and
thus would hurt Malaysian competitiveness.

"The business community convinced the government to adopt a market
friendly policy and that wage levels must be determined by market
forces. Recently, the consensus has somewhat shifted and the idea of a
minimum wage is not as pariah as it once was.

"Even Prime Minister Datuk Seri Najib Tun Razak has just stated that
business must embrace minimum wage as a business strategy and as an
opportunity to revitalise their businesses. Even employers' groups
such as the respected Federation of Malaysian Manufacturers (FMM) has
proposed a minimum wage model that is reasonable, workable and forward
looking," he added.

However, MEF has steadfastly declared that even if the world is to
come to an end, and we are born again, MEF will still strongly oppose
a minimum wage.

"Such strong objections from MEF are not at all surprising as MEF's
sole interest is the maximising of profits by its members. I will be
the first to accept that employers are in business to make money and
to generate profits. So whatever decision that employers make is built
on this premise.

"Minimum wage is not just a social tool to reduce poverty, it is a
fiscal tool to enhance economic growth and productivity improvements,
as the empirical evidence in countries that have minimum wage
structure has demonstrated," Lo said.

More than 90 per cent of countries worldwide have a minimum wage, he
pointed out.

"Our competitors in the 1980s namely Taiwan, South Korea and even Hong
Kong, the bastion of capitalism and free markets, have minimum wage
systems while in Singapore the head of the trade union movement is a
government minister and thus the country is able to formulate an
inclusive wage policy that has seen wage levels more than three times
higher than Malaysia and productivity growth that has outstripped us,"
he said.

These four countries that were on par with us in the 1980s, have
overtaken Malaysia, became high income nations and members of the
Organisation for Economic Cooperation and Development (OECD), while
the nation is stuck in the middle income trap, Lo claimed.

"Today we are competing with Thailand, Vietnam, Indonesia and
Philippines. All these countries also have minimum wage and if we
still stick to the archaic views expressed by MEF, we will be
overtaken by them soon," he said.

Essentially the debate on minimum wage hinges on workers wanting a
minimum wage as a means to increase wage levels to provide sufficient
purchasing power to enable a worker to have a basic standard of
living; employers reject it as an increased cost of doing business and
hurt competitiveness; the government's aim to develop the country into
a high-income nation and fully developed by 2020.

Wages should be determined by market forces, he stressed. The
empirical evidence has clearly pointed to the fact that wage levels in
Malaysia have been suppressed and lagged behind by all measures.

The World Bank has reported that wages in Malaysia has increased by
only 2.6 per cent per annum.

"That is below inflation. The proportion of wages as a portion of GDP
has also fallen," Lo claimed.

He said the recently concluded National Employment Returns (NER)
showed that 34 per cent of Malaysians earn less than RM700 which is
below the poverty line.

In Sabah and Sarawak, where the cost of living is much higher, the
figures are a dismal 63 per cent and 48 per cent, respectively. A
further 37 per cent nationwide earn between RM700 and RM1,500, he
added.

For a country to be a developed nation in ten years' time, it is
alarming that 72 per cent of its workers earn less than RM1,500.

These statistics are collaborated by Employees Provident Fund's
figures, he pointed out.

The starting salary of an associate professor in our universities
today is the same as it was in 1975.

MEF's own figures presented to the government stated that the starting
pay of a doctorate holder is just RM2,370 a month and this may be one
of the reasons why the standards of our universities are dropping, he
claimed.

A clerk (with diploma) in Malaysia earns RM1,131 while in Singapore he
is paid an equivalent of RM4,747.

About 15 years ago, the salary of a part-time worker at a fast food
restaurant was RM3.80 an hour but today in Sabah particularly, it is
just RM2.50 while the price of a burger has gone up from RM1.20 to
more than RM4 in the same period.

"What is disheartening is the government recently issued
recommendations for public servants to take part-time jobs to make
ends meet. So clearly market forces, as propagated by MEF, has not
worked," he pointed out.

There are two reasons for these, said Lo.

Market forces are controlled by business, and combined by the
government policy of stifling trade unions movement by segregating
trade unions, only three per cent of private sector workers are trade
union members and less than two per cent are covered by collective
agreements, he added.

MEF has a declared policy of challenging trade union membership and
recognition. While the number of trade unions has increased, most of
the unions are in-house unions with less than 100 members.

Malaysia is perhaps the only country in the world that makes it
extremely difficult for high-value and knowledgeable workers to work
here, but has welcome millions of low-wage and unskilled workers, he
said.

"This has undoubtedly suppressed wages as Malaysian workers have to
compete for low wages," he stressed.

In an attempt to placate demand for a national legislated minimum
wage, the government in the past decade tried to introduce a sectoral
minimum wage by way of the Wages Council Act 1957, an archaic
legislation.

The last sectoral minimum wage was implemented in 1972, and as evident
by the minimum wage for security guards, has not worked at all.

Open letter to Anwar Ibrahim and geng

Already sent via FACEBOOK. I wonder if he actually reads any of the
messages or his cohorts will allow him to read some of them.

Othman Ahmad: Banyak betul komen komen Datu Seri. Walaupun saya
sokong kesemuanya, lama kelamaan menjadi bosan juga. Apa kata bincang
untuk memperkuatkan parti pembangkang? Saya cadangkan 2 penjuru:
1) Buka akaun untuk penderma online atau offline seperti OBAMA.
Seperti siOBAMA, dia cuma mendapat derma beberapa ringgit dari seorang
s...ahaja tetapi ramai yang boleh menderma menjadikan OBAMA yang
paling kaya dalam kempen.
2) Buka permohonan secara online. Saya sudah cuba menjadi ahli
sebanyak 3 kali dengan membayar RM10 setiap kali tetapi sampai
sekarang tidak ada surat pengesahan.

Demikian juga dengan parti pembangkang yang lain. UMNO tidak. Ia
adalah parti yang paling organised. Contohnya UMNO sahaja yang memberi
sijil keahlian kepada Saya. Untuk memenangai apa-apa peperangan, bukan
setakat dengan semangat atau kebenarfan, tetapi memerlukan otak juga.

Israeli soldier feels nothing wrong in blindfolded prisoners

I don't see any reason why Palestinians need to be blind folded unless
it is to conceal their mistreatments of these prisoners. Worst
violations are still uncovered.

http://www.nytimes.com/2010/08/18/world/middleeast/18briefs-EXSOLDIERSPE_BRF.html

World Briefing | Middle East
Israel: Ex-Soldier Speaks on Photos
By ROBERT MACKEY
Published: August 17, 2010

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A former Israeli soldier who posted photographs on Facebook of herself
posing next to blindfolded Palestinian prisoners told Israeli Army
radio on Tuesday that she did not "understand what's wrong" with the
photographs, which were taken while she was on active duty. The former
soldier, Eden Abergil, who is now a reservist, said that the "pictures
were taken in good will, there was no statement in them." An Israeli
military spokesman denounced Ms. Abergil's snapshots as "disgraceful."
Breaking the Silence, an Israeli human rights group, added one of her
images to a new Facebook album of similar photographs taken over the
past decade. The group wrote, "This picture is not the ugly behavior
of one person, but a norm throughout the army." Ghassan Khatib, a
spokesman for the Palestinian Authority, told the BBC that the images
illustrated "the day-to-day life of the Palestinian people under
occupation," and suggested "that occupation also corrupts the
Israelis."

The World Wide Web is dead

And with it the browser and Google. This is a valid and interesting
point.

http://www.wired.com/magazine/2010/08/ff_webrip/

The Web Is Dead. Long Live the Internet

* By Chris Anderson and Michael Wolff Email Author
* August 17, 2010 |
* 9:00 am |
* Wired September 2010
*

Sources: Cisco estimates based on CAIDA publications, Andrew Odlyzko

Sources: Cisco estimates based on CAIDA publications, Andrew Odlyzko

Skull
The Web Is Dead? A Debate
How the Web Wins
How Do Native Apps and Web Apps Compare?

Two decades after its birth, the World Wide Web is in decline, as
simpler, sleeker services — think apps — are less about the searching
and more about the getting. Chris Anderson explains how this new
paradigm reflects the inevitable course of capitalism. And Michael
Wolff explains why the new breed of media titan is forsaking the Web
for more promising (and profitable) pastures.

Who's to Blame:
Us
As much as we love the open, unfettered Web, we're abandoning it for
simpler, sleeker services that just work.
by Chris Anderson

You wake up and check your email on your bedside iPad — that's one
app. During breakfast you browse Facebook, Twitter, and The New York
Times — three more apps. On the way to the office, you listen to a
podcast on your smartphone. Another app. At work, you scroll through
RSS feeds in a reader and have Skype and IM conversations. More apps.
At the end of the day, you come home, make dinner while listening to
Pandora, play some games on Xbox Live, and watch a movie on Netflix's
streaming service.

You've spent the day on the Internet — but not on the Web. And you are
not alone.

This is not a trivial distinction. Over the past few years, one of the
most important shifts in the digital world has been the move from the
wide-open Web to semiclosed platforms that use the Internet for
transport but not the browser for display. It's driven primarily by
the rise of the iPhone model of mobile computing, and it's a world
Google can't crawl, one where HTML doesn't rule. And it's the world
that consumers are increasingly choosing, not because they're
rejecting the idea of the Web but because these dedicated platforms
often just work better or fit better into their lives (the screen
comes to them, they don't have to go to the screen). The fact that
it's easier for companies to make money on these platforms only
cements the trend. Producers and consumers agree: The Web is not the
culmination of the digital revolution.

A decade ago, the ascent of the Web browser as the center of the
computing world appeared inevitable. It seemed just a matter of time
before the Web replaced PC application software and reduced operating
systems to a "poorly debugged set of device drivers," as Netscape
cofounder Marc Andreessen famously said. First Java, then Flash, then
Ajax, then HTML5 — increasingly interactive online code — promised to
put all apps in the cloud and replace the desktop with the webtop.
Open, free, and out of control.

But there has always been an alternative path, one that saw the Web as
a worthy tool but not the whole toolkit. In 1997, Wired published a
now-infamous "Push!" cover story, which suggested that it was time to
"kiss your browser goodbye." The argument then was that "push"
technologies such as PointCast and Microsoft's Active Desktop would
create a "radical future of media beyond the Web."

"Sure, we'll always have Web pages. We still have postcards and
telegrams, don't we? But the center of interactive media —
increasingly, the center of gravity of all media — is moving to a post-
HTML environment," we promised nearly a decade and half ago. The
examples of the time were a bit silly — a "3-D furry-muckers VR space"
and "headlines sent to a pager" — but the point was altogether
prescient: a glimpse of the machine-to-machine future that would be
less about browsing and more about getting.

Who's to Blame:
Them
Chaos isn't a business model. A new breed of media moguls is bringing
order — and profits — to the digital world.
by Michael Wolff

An amusing development in the past year or so — if you regard post-
Soviet finance as amusing — is that Russian investor Yuri Milner has,
bit by bit, amassed one of the most valuable stakes on the Internet:
He's got 10 percent of Facebook. He's done this by undercutting
traditional American VCs — the Kleiners and the Sequoias who would, in
days past, insist on a special status in return for their early
investment. Milner not only offers better terms than VC firms, he sees
the world differently. The traditional VC has a portfolio of Web
sites, expecting a few of them to be successes — a good metaphor for
the Web itself, broad not deep, dependent on the connections between
sites rather than any one, autonomous property. In an entirely
different strategic model, the Russian is concentrating his bet on a
unique power bloc. Not only is Facebook more than just another Web
site, Milner says, but with 500 million users it's "the largest Web
site there has ever been, so large that it is not a Web site at all."

According to Compete, a Web analytics company, the top 10 Web sites
accounted for 31 percent of US pageviews in 2001, 40 percent in 2006,
and about 75 percent in 2010. "Big sucks the traffic out of small,"
Milner says. "In theory you can have a few very successful individuals
controlling hundreds of millions of people. You can become big fast,
and that favors the domination of strong people."

Milner sounds more like a traditional media mogul than a Web
entrepreneur. But that's exactly the point. If we're moving away from
the open Web, it's at least in part because of the rising dominance of
businesspeople more inclined to think in the all-or-nothing terms of
traditional media than in the come-one-come-all collectivist
utopianism of the Web. This is not just natural maturation but in many
ways the result of a competing idea — one that rejects the Web's
ethic, technology, and business models. The control the Web took from
the vertically integrated, top-down media world can, with a little
rethinking of the nature and the use of the Internet, be taken back.

This development — a familiar historical march, both feudal and
corporate, in which the less powerful are sapped of their reason for
being by the better resourced, organized, and efficient — is perhaps
the rudest shock possible to the leveled, porous, low-barrier-to-entry
ethos of the Internet Age. After all, this is a battle that seemed
fought and won — not just toppling newspapers and music labels but
also AOL and Prodigy and anyone who built a business on the idea that
a curated experience would beat out the flexibility and freedom of the
Web.

Illustration: Dirk Fowler

Israel loses nothing by upholding Justice

Please take note that earlier High court had made an extremely
erroneous judgment in allowing the possibility of a rock thrown in
killing the girl, when the facts of the case was that there were no
stone throwers in the streets that she was in.

Manu Jewish judges are still not fair enough when it comes to justice
for the Palestinians.

http://www.haaretz.com/news/diplomacy-defense/court-holds-state-responsible-for-shooting-of-palestinian-girl-1.308443

A Jerusalem court on Monday held the state responsible for killing
killing a 10-year-old Palestinian girl in January 2007.

In a civil suit, the court ruled that border guards had either been
negligent or disobeyed orders in shooting Abir Aramin with a rubber
bullet, calling the incident 'totally unjustifiable'.
Israeli soldiers stand guard as Palestinians protest in the West Bank

Israeli soldiers stand guard as Palestinians protest in the West Bank
on May 9, 2010.
Photo by: AP

The judge ruled ordered the government to pay damages to the girl's
family, with the exact amount to be determined later.

Aramin was killed while walking home from school in the West Bank
village of Anata with her sister and two of her friends. They had just
left a shop where they had bought sweets when she was hit in the head
by a rubber bullet.

She was taken to Mukassed Hospital in Jerusalem, where she was
pronounced dead.

Police opened a criminal investigation but later decided against
indicting the border guards who opened fire.

Aramin's family and the human rights organization Yesh Din appealed
the decision in the High Court. But judges there ruled that since it
was possible the girl was killed by a rock thrown by rioters, there
was no basis for a criminal trial.

In Monday's civil ruling, Judge Orit Efal-Gabai dismissed the
possibility that Aramin had been struck by an errant stone,
determining gunfire as the cause of death.

"There is no debate over the conclusion that Abir was injured by a
rubber bullet shot by border guards, which in turn leads to the
conclusion that the shooting of Abir occurred out of negligence, or in
violation of the rules of engagement," Efal-Gabai said.

"We are not talking about injury by shots fired at a crowd of rioters
and rock-throwers, near which a little girl just happened to be
standing,"she said.

"Abir and her friends were walking down a street where there were no
rock-throwers, therefore there was no reason to shoot in their
direction. It is clear that Abir's death, caused by a rubber bullet
shot by border guards, was due to negligence by the defendant."

Aramin's father is one of the founders of Combatants for Peace, a
group of former Israel Defense Forces soldiers and Palestinian gunmen
that tour schools to foster coexistence.

Malaysian Politicians in Facebook

PM of Malaysia Najib Razak
http://www.facebook.com/alteracorp?v=wall#!/najibrazak?ref=ts

Leader of Opposition Anwar Ibrahim
http://www.facebook.com/pages/Anwar-Ibrahim/16194831839?v=wall#!/pages/Anwar-Ibrahim/16194831839

It shows that our politicians are going with the modern trends.

I don't like Facebook prefering newsgroups but Facebook is much more
popular.

The secret of HP's success

HP is not founded by geniuses such as Bill Gates and Stephen Jobs and
yet it had been very successful and produced many state of the art
equipments. These articles explain why!

http://www.washingtonpost.com/wp-dyn/content/article/2010/08/13/AR2010081306651.html

Hewlett-Packard's board vs. Mark Hurd: The right decision?
SLIDESHOW
Previous Next

Hewlett-Packard, the world's biggest PC maker, has been known for its
values, or "the HP Way."
Hewlett-Packard, the world's biggest PC maker, has been known for its
values, or "the HP Way." (Andrew Harrer/bloomberg)

Mark Hurd was forced to step down after Hewlett-Packard's board found
that he had filed inaccurate expense reports to conceal a personal
relationship with a contractor.
Mark Hurd was forced to step down after Hewlett-Packard's board found
that he had filed inaccurate expense reports to conceal a personal
relationship with a contractor. (Associated Press)

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Leadership Summit 2010
Making of great leaders, find out what it takes from the CEOs.
www.singaporehcsummit.com
By On Leadership
Sunday, August 15, 2010

Slade Gorton is a former U.S. senator and Washington state attorney
general who also served on the 9/11 Commission.

The Hewlett-Packard directors were faced with a Hobson's choice. They
had one of the most talented and successful chief executives in the
country. They also had a chief executive who had misused company funds
on a questionable personal relationship and in flagrant violation of
an ethics code for which he was responsible. As much as they may have
wished to retain him, it is impossible to see how they could have done
so without severely undercutting his ability to lead and the
corporation's reputation.

Disruptive as his forced resignation may have been, it was the right
course of action and was taken promptly. But to have attempted to deny
him his contractual severance not only would have been vindictive but
would have prolonged the agony and almost certainly resulted in
protracted litigation.

Michael Maccoby is an anthropologist and psychoanalyst globally
recognized as an expert on leadership. He is the author of "The
Leaders We Need: And What Makes Us Follow."

Hewlett-Packard was founded by leaders who built strong bonds of trust
with their employees. The founders, Bill Hewlett and Dave Packard,
articulated and practiced a clear philosophy they called "the HP Way."
Ethics were a given, and disrespect among employees was not tolerated.
To strengthen trust and loyalty, HP did not lay off employees during
business downturns but instead had everyone take time off and a
corresponding cut in salary. Trust and a strong value of excellence
supported a collaborative culture that became a model for Silicon
Valley.

The HP values have been undermined and frayed by some of the leaders
who followed Bill and Dave. Mark Hurd promised to revitalize the HP
Way. His actions -- hiding expenses to engage in a questionable
relationship-- undermine the trust essential for a company's
sustainable success.

Hurd was widely admired, especially by HP shareholders, for cutting
costs and increasing revenue through acquisitions. However, HP's
future depends on a leadership team that strengthens collaboration and
innovation, that can articulate and practice a version of the HP Way
for a global market.

Katherine Tyler Scott is managing partner of Ki ThoughtBridge, a
leadership consultancy, and the author, most recently, of
"Transforming Leadership: The Episcopal Church of the 21st Century."
She is a board member of the International Leadership Association.
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From my vantage point, the board has performed its governance role
admirably. Its action was particularly important because it expressed
the character of the company and showed it is living up to the
espoused values the leaders are legally and ethically bound to uphold.
In this tragedy, the chief executive permitted his self-interest to
override the greater interests of HP. The board made its decision
based not on his personal failings but on his betrayal of corporate
values.

The board's response sent a clear message that dishonesty and deceit
will not be accepted at HP. Its decision to allow Hurd to resign and
to keep his contracted severance package was humane. It acknowledged
his record of excellence in his professional performance while
conveying the unacceptability of misuse of funds.

When leaders violate an institution's policies and core values, they
destroy trust -- the glue that holds everything together. If Hurd had
stayed, questions about his truthfulness in other matters would have
been raised and doubts about the character of HP's leader would have
put the reputation of the company at risk. The one thing a board must
preserve is the good reputation of a company. A responsible board
would never squander the good name of the company. In the end, the HP
board chose the company's character over the CEO's competence.

Howard Gardner is the Hobbs Professor of Cognition and Education at
the Harvard Graduate School of Education and senior director of the
Harvard educational research group Project Zero.

In announcing his resignation as chief executive of Hewlett-Packard,
Mark Hurd said: "There were instances in which I did not live up to
the standards and principles of trust, respect, and integrity that I
have espoused at HP and which have guided me throughout my career." I
have no way of knowing who wrote and approved that statement, nor
whether the last phrase is true. But as an observer of how difficult
situations are discussed publicly, I can say that Mark Hurd's
statement is an impressive model.

There is no attempt to wriggle out of the accusations, nor to spread
blame ( for example, on the media). And, importantly, Hurd praises a
company that, even after the death of its founders and the unhappy
tenure of Carly Fiorina, still occupies a privileged niche among major
international corporations. In the past, when someone said that he or
she worked for HP, it meant something special. The speed and manner of
Hurd's resignation increases the likelihood that working for HP will
continue to mean something special. Redeeming that likelihood is the
challenge for the next leadership, thousands of supporting employees
and, especially, the board.