Definition of Racism and the misunderstandings

 https://en.wikipedia.org/wiki/Racial_discrimination
Racial discrimination is any discrimination against individuals on the basis of their skin colour, racial or ethnic origin.<sup>[1][2]

 https://en.wikipedia.org/wiki/Racism</sup>
 Racism is the belief in the superiority of one race over another.

Racism and racial discriminatioin are two very different things altogether.

There can be racial discrimination but no racism. This is recognised by ICERD as well.

 https://en.wikipedia.org/wiki/International_Convention_on_the_Elimination_of_All_Forms_of_Racial_Discrimination
The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is a United Nations convention. A third-generation human rights instrument, the Convention commits its members to the elimination of racial discrimination and the promotion of understanding among all races.^[6]


Article 1 of the Convention defines "racial discrimination" as:

... any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.^[22]

Distinctions made on the basis of citizenship (that is, between citizens and non-citizens) are specifically excluded from the definition, as are positive discrimination policies and other measures taken to redress imbalances and promote equality.^[23]

 redress imbalances and promote equality

 1.bumiputra preferential treatments are not racism but it is racial discrimination, and despite it being racial discrimination is not forbidden by ICERD.

Once the bumiputras are richer than the chinese, it will then be called unjustified racial discrimination.

Is it racism? No. Only if the Malays start thinking that they are inherently superiour because of their genes, not because they get more privileges than others.

2. ketuanan Melayu is not racism, because it is not based on superiority in features, but rather superiority in rights due to being the owner or first people.

First come first serve principle. Those who queue first, get served first, is not racial discrimination, it is just a matter of fairness.

A lot of Malaysians do not understand these conventions so were against the ICERD.

Even Malays think that they are racism, or practising racism, because of being branded as racists by chinese for implementing racial discriminatory practises.

As long as these discriminatory practises are honestly implemented to address imbalances, instead of enriching certain groups of people only, this is alright.

However, evidences point out that there are misuses of these policies. Instead of helping the natives, they may help the chinese because of widespread corruption, so perpetuating the racial imbalances instead of correcting them.

 The chinese education system is definitely racist because it promotes only a certain race to the exclusion of the other races.
It is implemented through segregation.

Condemnation of apartheid

Main article: Crime of apartheid

Article 3 condemns apartheid and racial segregation and obliges parties to "prevent, prohibit and eradicate" these practices in territories under their jurisdiction.^[42] This article has since been strengthened by the recognition of apartheid as a crime against humanity in the Rome Statute of the International Criminal Court.^[43]
The Committee on the Elimination of Racial Discrimination regards this article as also entailing an obligation to eradicate the consequences of past policies of segregation, and to prevent racial segregation arising from the actions of private individuals.^[44]

 Take note of the following points as well.
Please note that Chinese in Malaysia were immigrants.
Whether, the chinese in Malaysia were to be accepted as citizens with full rights, is up to the natives.

Native laws of Malaysia is certainly a racial discriminatory practise but Malaysia should request for a special exemption under its existing laws, just as Tonga has done.

Immigration

Monaco and Switzerland reserve the right to apply their own legal principles on the entry of foreigners into their labour markets.^[2] The United Kingdom does not regard the Commonwealth Immigrants Act 1962 and Commonwealth Immigrants Act 1968 as constituting any form of racial discrimination.^[2]

Indigenous people

Tonga reserves the right not to apply the Convention to any restriction on the alienation of land held by indigenous Tongans. Fiji has significant reservations around Article 5, and reserves the right not to implement those provisions if they are incompatible with existing law on voting rights, the alienation of land by indigenous Fijians.<sup>[2]

Summary:</sup>

1. racial discrimination is not racism, that is for sure.

2. ketuanan Melayu is not racism but is racial discrimination.

3. native preferential laws are not racism but is racial discriminatioin.

4. Chinese special schools are racism because of segregation based on feeling of racial superiority.

5. When Muslims want to segregate based on dietary restrictions, this is not racism. It is just because of fear of contamination of food. No indication of racial superiority here.

6. When Muslims want women and men to be segregated, this is not racism, because there is no inherent racial /ethnic superiority intentions here.

7. Refusing to speak Malay, that is the national language and widely spoken, is racism, because of the feeling of racial/ethnic superiority over the others.

8. Refusing to learn Malay for fear of being converted to other religions or cultures is racism because of the superiority complexity of the race. Read more about segregations.

9. Similarly for Muslims who fear being influenced by other religions so will segregate themselves.

10. Segregating ourselves from hippies, nudists, drug addicts, gangsters, smokers, cannot be construed as racism. "without an objective and reasonable justification"

 

Wikipedia is more accurate than Journals

Recently, I was doing research on traffic congestion and traffic jam.

After reading a few journal articles, textbooks, youtube, conference articles, and wikipedia, I am surprised that Wikipedia is more accurate. Journals, despite mentioning traffic congestion, do not give a definite answer and each journal comes up with their own definition without even comparing with other definitions. Most do not even mention traffic jam. Textbooks on traffic engineering, I borrowed two from UMS library, and other textbooks downloaded, none  bother to define what traffic congestion and traffic jam are. Not even the Highway Capacity Manual define traffic congestion and traffic jam.

The best answer that I find is from Wikipedia:
https://en.wikipedia.org/wiki/Traffic_congestion

"Traffic congestion is a condition on transport that as use increases, and is characterised by slower speeds, longer trip times, and increased vehicular queueing.
 ...
 As demand approaches the capacity of a road (or of the intersections along the road), extreme traffic congestion sets in. When vehicles are fully stopped for periods of time, this is colloquially known as a traffic jam or traffic snarl-up."

Youtube is the most creative. In 2016 someone uploaded a system of u-turns, without any bridge or crossing, can implement a 4-way intersection (junctions).

 https://www.youtube.com/watch?v=JHuSgvfbVtw

Darshan Ribadiya

Published on 8 Aug 2016

 

 

Haziq's sex video was likely to be genuine

https://www.thestar.com.my/news/nation/2019/07/20/kadir-igps-statement-adds-more-mystery-to-scandal/

We should be willing to go to jail for defending what is right.

If Azwin were the ones in the video, all those witnesses must go to jail in order to point to the evil deeds done by one who wants to be a leader of Malaysia. The leader of Malaysia cannot do evil deeds.

Having sex with an unmarried person is immoral, illegal, against religious beliefs, especially muslims. What is worse, lying about it to the public.

Voters and supporters of this person will go to heaven on earth and hereafter.

Exposing lurid sexual acts may be against the law, but necessary in order to prove the guilt of anyone. What is worse, it also proves that our Police and law enforcement agencies are proven to be unreliable for hiding these evidences from the public and not doing anything about it.

These officers must be condemed and we all must be willing to go to jail to expose them, whoever they are.

 https://www.thestar.com.my/news/nation/2019/07/20/kadir-igps-statement-adds-more-mystery-to-scandal/?fbclid=IwAR0DDFHZkUHIJYcc4591ezP5Uc_J4fJUloTSU9iVkG_2oGrKQYcpanWxjhk

Kadir: IGP’s statement adds more mystery to scandal

---

• Nation
• Saturday, 20 Jul 2019

PETALING JAYA: The statement by the Inspector-General of Police over an “evil pact” has added more mystery to the sex video scandal implicating Datuk Seri Azmin Ali, says Datuk A. Kadir Jasin.
Kadir, who is a special adviser on media and communications to Prime Minister Tun Dr Mahathir Mohamad, said Datuk Seri Abdul Hamid Bador’s statement on the matter has added fuel to people’s imagination.
Abdul Hamid on Thursday said the sex video was likely to be genuine, adding that there was an evil pact led by a leader of a political party to humiliate and damage the reputation of an individual.
In his blog, Kadir said that the matter was already affecting the Pakatan Harapan government.

“This is because one of the two actors in the Sandakan video has come forward and revealed who is the other person making love with him.
“This individual is even willing to be jailed in defence of his allegation,” he added.
Kadir also said Abdul Hamid’s statements opened the door to a few possibilities, such as charging those who engaged in homosexual acts in the video and charging those who screened or circulated the obscene video.
“Those who feel they have been humiliated can (also) initiate civil action through a defamation suit,” he added.
He said Pakatan leaders should not wait until Malaysians grow tired of their behaviour and foreign inves­tors lose confidence in the country.
Meanwhile, former law minister Datuk Zaid Ibrahim said Abdul Hamid should have maintained his professionalism and not make political statements.
“The IGP is a professional. He should not make judgments and talk about political conspiracies,” Zaid was quoted as saying by a news portal.
He added that the IGP should instead conduct a thorough investigation and present the evidence collected to the Attorney General.
“This is what the public is expecting from an impartial and professional team.
“We all love Azmin but we love the country more,” he added with a hint of sarcasm.

Read more at https://www.thestar.com.my/news/nation/2019/07/20/kadir-igps-statement-adds-more-mystery-to-scandal/#84Ajd1EdAvBEkYhu.99

Collection of Daling daling dances

https://www.youtube.com/watch?v=W4M52ag2C4E

 

 

I just realised how poor Malaysian journalism is.

They just read articles from Filipinoes that assume everything comes from Spain.

If you just understand the words in the song and the dance movements, let alone the music, they are far from any spanish influence.

In fact they are so similar to other Borneo natives. I noticed this when I start watching Mengiluk. I just realised how my late aunty, who was a dancer in her time, had described the latest dances as too hindustan. Mengiluk looks like Sumazau and other local tribes like the Longbawang as well. And Daling daling has some elements of Mengiluk but have added varieties to the dance movements.

It is just more commercialised and most probably influenced by Hindustan movies than any european influence.

Furthermore, don't they realise Daling daling is an English word which means Darling, my loved one. It is a love story.

It was actually invented in Sandakan, the largest British outpost in Borneo in those days, being the capital of Chartered Company that ruled over North Borneo.

And to say that they are from Mindanao is also completely wrong. All the Filipino tribes in Sabah do not come from Mindanao, but from Tawi tawi, the closest, and Sulu islands.

I realised this when I discovered that the Marawi rebels are of different tribes that I have never met in Sabah. All the tribes in Sabah identify themselves from Islands in Tawi tawi and Sulu islands, not Mindanao.

Although many Filipinoes have settled in Mandanao because of the large city of Zamboanga, but they do not necessaril originate from there. In fact, many also settled in Manila, because it is the capital of the Philippines.

Many of the dance songs are also recent songs which were created in Sabah by these recent Filipino migrants. In fact these songs and dances are not danced in the Phiippines. They are widely danced in Sabah only.

But recently I noticed that the Filipinoes have started to follow their relatives in Sabah, but the way they dance are so awkward.

Collection of Mengiluk dances.

Mengiluk is deemed as a Suluk dance but many other tribes have similar dancing style, even similar sounding names. Mengiluk is actually a Suluk word, meaning, dance, just as mengalai also means dance in bajau.

You can say that Mengiluk is the actual traditional dance of the Tausugs, especially in Sabah, not Daling daling. Daling daling is an improvised Mengiluk.

I chose Tawau and Likas because these are the places with the most number of migrant Tausugs and Bajaus. Local Suluks stopped the dances because they led to fights due to jealousies.

The migrants set up dance teams for Wedding performances. Whereas locals tend to go for modern dances like Malay dances and western dances, the Filipinoes offered traditional dances.


It started in Likas and Semporna, a town near Tawau, but spread to other parts of Sabah. It is up to the inhabitants of Sabah to resurrect these cultures.

During my brother's wedding, my mother even performed the Suluk culture of putting money to the dances body. The bajaus also did it in Semporna.

At Kota Kinabalu, we called a troupe from the Sabah cultural dance to perform but they rely on a video of the dance to emulate. Not their natural dance so not so elegant. They can dance Sumazau and Joget very well though.

By going to youtube, I noticed that there are many other groups from the Likas area who are able to perform these traditional Tausug and Bajau dances.

At the east coast of Sabah, you can see them perform, the same group actually, from Sandakan to Tawau, but I do not see the culture of putting money except when my daughter in law danced in front of her husband, in Kunak. My wife put money on her body but not me. Only women did these, but I noticed that a few men did it in some other places.

However this practise of putting money on the body of the performer will not work with Mengiluk because it is too fast.

Tawau

 

Tawau Full HD

Likas

 

Cheonan Dance Festival, Korea

UMK, Kelantan, Full HD

 

Creative Mengiluk from UMS, Full HD

 

Perlis

 

Kuala Lumpur

Moscow

 

Tawau

 

Keningau

 

 Exercising

 

Official sound of Mengiluk 

Junctions with bridges, no longer needs any traffic light

1. The price is extra lanes and then merging of lanes.
2. Even I made the mistake of requiring underground tunnels at the U-turns that still require mergings. In fact, you do not need to provide a tunnel or bridge to do the crossing. Just provide a U-turn into the lane, without crossing the road.
3. The U-turn needs room, so extra lanes are required at the turning areas. U-turns will take up 2 extra lanes, so the straight roads need to be provided with 2 extra lanes altogether.
4. At Kota Kinabalu, U-turns are already provided with 2 extra lanes but a traffic light is still required.
5. Let the lanes going to the junction be curved so that vehicles need to slow down. Vehicles making U-turns need to cross lanes to turn left, effectively making a right-turn from the junction.

KK UTURN

U-TURN

Guilty until proven innocent practises in Malaysia

I had some doubts about the justice system in Malaysia.

Despite what the constitution or judges say, it is a fact that the accused is already punished beyond reasonable reasons, despite no even a single shred of evidence being presented to the judges or any third party people.

Malaysia has given so much power to the investigating officers and public prosecutors with impunity to present fabricated and false evidences, with impunity, i.e. nothing being done to them. Just by claiming that it was a tactic or honest mistake they can get away with it, but justice mandates that ignorance in so excuse, and yet this is violated when it comes to government servants, but not the citizens.

I had bad experiences with LHDN, the income tax department, who penalised me heavily despite keeping excess of my money. The judge allowed it to occur, without any written judgement, the last time I checked but this case is on record, and I  shall pursue it further.

The second case, LHDN, was allowed to estimate the salary of a Federal Government servant, i.e. myself, and to ignore all explanations for more than 2 months, and yet the judge, allowed such a practise. I was even asked to pay for costs to the federal prosecutor without my knowledge at all of the decision of the judge because my lawyer was most probably bought. I have yet to receive the any written judgement. My expensive lawyer, public prosecutor and court registrar has not given me any copies of the court decision or the charge sheets at all. All these people will not run away because I shall pursue the case further.

I had some doubts about the large corruption cases in Malaysia and the huge bail money being charged. They looked more like punishments than bail. Bail is supposed to stop a person from running away without any penalty. So any security deposit must commensurate with the penalty.

I did not know for sure, until I attended a bail hearing and had to be pay the security deposit. Now it is better because they money is put into a deposit account bearing interest of 0.25% which is very low for a fixed deposit account. We should be allowed to choose our own deposit account because the court or prosecutors have the power to freeze the account.

I just realised that all the money being charged, were actually already froze, amounting to RM2 million including Epf payment and employer deposits to be paid to scholarship students.

During the bail hearing, the prosecutor just read the charges, and even present false evidences, that our lawyer cannot challenge because he was not allowed to communicate with his client. Luckily the judge was knowledgeable enough to notice the fabricated evidence. He claimed that my brother was found guilty of corruption charges previous which was completely false.

Among all the charges, two accounts that were frozen and brought to the charge sheet were EPF withdrawal and another, a deposit paid by her employer.

After this, employees will refuse any deposit made by employers to discharge their duties because of this backward and inefficient policy. Malaysia is already backward, and getting worse by the day with inefficiencies, and this court case is another reason why this is happening.

Worse, despite all the power given to the government in freezing accounts and properties, your property cannot be used as security deposits. The judge commented about the inability for the court to evaluate the value of the property and disposal of it. The SPRM had no difficulty in OVEREVALUATING the value of properties in making charges and publicing their stupidities in public. Now, when it comes to securing deposits, the judges, had not allowed SPRM to use the same evaluating strategy to evaluate properties as well.

The judges had not even considered anything at all, all the properties and accounts that had been frozen, even illegally because of the blatant stupidites of it all.

Worse, the security deposits and frozen accounts, including the illegally frozen ones, were not enough punishment. Bail is not supposed to punish, but to prevent people from running away from being brought to charges but in Malaysia, Bail is a punishment meted out even before any evidence had been brought forward. Worse, fabricated false evidences are even allowed to be brought forward and calculated in this punishment.

More punishments were meted out, including monthly reportings to the SPRM. This is actually punishment when you consider criminals on parole are required to report at designated places regularly.
https://definitions.uslegal.com/p/parole-conditions/

Worse, the judge had refused to even consider reducing the interval of reporting, from monthly, while under investigation, but without any security deposit, to two monthly, after payment of security deposits. This is amounting to double penalty which is unjust.

His Lordship in Soo Shiok Liong  laid down some factors for consideration in setting the quantum of bail bond as follows, which however is not exhaustive⁴:-

1.                  The nature and gravity of the offence and the severity and degree of punishment which conviction might entail;    One of the relevant, but not overriding factors to be considered;

2.                  The quantum should be higher in the case of non-bailable offences;

3.                  An excessive quantum may defeat the granting of bail;

4.                  Whether there is a likelihood of the applicant absconding if the bail quantum is set at too low;

5.                  Bail is not intended to be punitive but only to secure the attendance of the Accused at the trial therefore that amount of the bond must be fixed with the regard to the circumstances and must not be excessive;

6.                  Conditions set in granting the bail such as surrender of traveling documents should also be taken into consideration in reducing the quantum of bail;

7.                  Cooperation given by the Accused should also go to abate the quantum of bail;

8.                  The quantum of bail should not be set so prohibitively high as to have the effect of incarcerating the Accused before he is convicted of the crime; and

9.                  Factors for consideration in setting the quantum of bail bond-application of the Court’s mind in considering such factors to be reflected in the judge’s records. 

1

Section 387 of the Criminal Procedure Code relevant to bailable offences and section 388 relevant to nonbailable offences.  2

Held [5] of Soo Shiok Liong v Pendakwa Raya [1993] 2 CLJ 657;   Section 389 of the Criminal Procedure Code 3

Soo Shiok Liong v Pendakwa Raya [1993] 2 CLJ 657 at page 661, paragraph c of the left column

4

Soo Shiok Liong v Pendakwa Raya [1993] 2 CLJ 657 at page 660, paragraph a-i of the right column