Two events which currently dominate local news highlight the powerlessness of the Malaysian government in safeguarding our public and national interests when dealing with other countries.
One episode is as public and open as one can get - indeed that is the complaint - the terrible haze. The other is secret and confidential - and the lack of transparency is one of the complaints - the negotiations with the United States over the Trans-Pacific Partnership Agreement (TPPA).
The smog over large parts of the peninsula caused by rampant burning in Sumatra has occurred annually for over 25 years since the mid-1980s. The response from successive Malaysian leaders have been predictable: mild statements were made, never intended to upset Indonesia, our large and powerful neighbour. They have all proven wholly ineffective.
The Indonesian authorities have never addressed the root cause of the problem - widespread open burning, worsened by peat.
Malaysians are entitled to expect their leaders, who are after all elected by Malaysians to serve the interests of Malaysians, to demand appropriate action from their Indonesian counterparts. What is the point of always referring to the "special relationship" withabang (big brother) across the Straits of Malacca if we are persistently treated this way? What is the point of Asean solidarity if this is the outcome?
A simple analogy can be made. If a private citizen continuously carries out open burning in his garden, how should his immediate neighbour over whose property the smoke drifts into respond.
It's in our interest to be pro-active
A sovereign, independent nation has many tools of diplomacy available to it in its international relations with other nations. No responsible Malaysian is asking Malaysia to suspend diplomatic relations with Indonesia or recall our ambassador or even send a Protest Note. Neither are we requesting that the dispute be referred to the International Court of Justice in The Hague.
Instead, we expect our leaders, if need be, acting together with leaders of other affected Asean countries, to be camped in Jakarta, and, indeed, in Sumatra, to seriously negotiate with Indonesia to resolve the matter.
If Malaysian-owned companies or individuals are responsible for such open burning in Sumatra, they should be charged under Indonesian law for pollution and anti-environmental offences. So should all the other blameworthy persons.
The immediate practical step must be for Malaysia to volunteer to seed the clouds in Sumatra so that rainfall is induced in this dry spell. On previous occasions, haze was only cleared when heavy rainfall fell.
Thereafter, Malaysia must offer to finance the education of planters in Sumatra to avoid open burning as a medium and long-term measure. We must also assist Indonesia to prosecute those who violate the environment.
It is in Malaysia's interest to be pro-active in resolving the haze crisis. It is not just the health and welfare of our people that is at stake, even economic considerations are triggered. To give one illustration: more than 100 large ships and oil tankers pass daily through the busiest and narrowest channel of water in the world, the Straits of Malacca. Accidents at sea because of poor visibility caused by smog must be avoided at all costs.
We must therefore press Indonesia, through diplomacy, to resolve this massive cross-border, international problem once and for all, so that it is not repeated next year, and in succeeding years. The sense of helplessness on the part of our leaders must be replaced by action.
Not too much to ask
One does not have to be a student of imperialism to appreciate that the United States-driven TPPA is very much in the interests of US big business, and to the detriment of Malaysia. The fact that details of the TPPA negotiations were not released to the Malay Economic Action Council in a recent meeting clearly indicate that they contain information that would not be acceptable to us.
Alarm bells ring when they wish to keep it confidential. What should really happen before a multilateral treaty like the TPPA is accepted by the Malaysian government is to release the drafts of the proposed agreements (which would definitely have been drafted by the US to serve its own interests) to the Malaysian public.
Dialogue should be held with all the relevant stakeholders. The industries affected have a right to comment on the drafts. Parliament should deliberate on the matter.
What is wholly unacceptable is for a government which is temporarily in office to commit its people and the nation on a permanent deal or bargain that is lopsided, and keeping the entire negotiating process and the resulting treaty a secret.
If anyone doubts the lengths to which the US government uses the most advanced technology of the 21st century to advance its own interests, as widely and broadly perceived by their ultras, one should only recall what Bradley Manning, Julian Asange and Edward Snowden have revealed recently.
One episode is as public and open as one can get - indeed that is the complaint - the terrible haze. The other is secret and confidential - and the lack of transparency is one of the complaints - the negotiations with the United States over the Trans-Pacific Partnership Agreement (TPPA).
The smog over large parts of the peninsula caused by rampant burning in Sumatra has occurred annually for over 25 years since the mid-1980s. The response from successive Malaysian leaders have been predictable: mild statements were made, never intended to upset Indonesia, our large and powerful neighbour. They have all proven wholly ineffective.The Indonesian authorities have never addressed the root cause of the problem - widespread open burning, worsened by peat.
Malaysians are entitled to expect their leaders, who are after all elected by Malaysians to serve the interests of Malaysians, to demand appropriate action from their Indonesian counterparts. What is the point of always referring to the "special relationship" withabang (big brother) across the Straits of Malacca if we are persistently treated this way? What is the point of Asean solidarity if this is the outcome?
A simple analogy can be made. If a private citizen continuously carries out open burning in his garden, how should his immediate neighbour over whose property the smoke drifts into respond.
It's in our interest to be pro-active
A sovereign, independent nation has many tools of diplomacy available to it in its international relations with other nations. No responsible Malaysian is asking Malaysia to suspend diplomatic relations with Indonesia or recall our ambassador or even send a Protest Note. Neither are we requesting that the dispute be referred to the International Court of Justice in The Hague.
Instead, we expect our leaders, if need be, acting together with leaders of other affected Asean countries, to be camped in Jakarta, and, indeed, in Sumatra, to seriously negotiate with Indonesia to resolve the matter.
If Malaysian-owned companies or individuals are responsible for such open burning in Sumatra, they should be charged under Indonesian law for pollution and anti-environmental offences. So should all the other blameworthy persons.The immediate practical step must be for Malaysia to volunteer to seed the clouds in Sumatra so that rainfall is induced in this dry spell. On previous occasions, haze was only cleared when heavy rainfall fell.
Thereafter, Malaysia must offer to finance the education of planters in Sumatra to avoid open burning as a medium and long-term measure. We must also assist Indonesia to prosecute those who violate the environment.
It is in Malaysia's interest to be pro-active in resolving the haze crisis. It is not just the health and welfare of our people that is at stake, even economic considerations are triggered. To give one illustration: more than 100 large ships and oil tankers pass daily through the busiest and narrowest channel of water in the world, the Straits of Malacca. Accidents at sea because of poor visibility caused by smog must be avoided at all costs.
We must therefore press Indonesia, through diplomacy, to resolve this massive cross-border, international problem once and for all, so that it is not repeated next year, and in succeeding years. The sense of helplessness on the part of our leaders must be replaced by action.
Not too much to ask
One does not have to be a student of imperialism to appreciate that the United States-driven TPPA is very much in the interests of US big business, and to the detriment of Malaysia. The fact that details of the TPPA negotiations were not released to the Malay Economic Action Council in a recent meeting clearly indicate that they contain information that would not be acceptable to us.
Alarm bells ring when they wish to keep it confidential. What should really happen before a multilateral treaty like the TPPA is accepted by the Malaysian government is to release the drafts of the proposed agreements (which would definitely have been drafted by the US to serve its own interests) to the Malaysian public.
Dialogue should be held with all the relevant stakeholders. The industries affected have a right to comment on the drafts. Parliament should deliberate on the matter.
What is wholly unacceptable is for a government which is temporarily in office to commit its people and the nation on a permanent deal or bargain that is lopsided, and keeping the entire negotiating process and the resulting treaty a secret.
If anyone doubts the lengths to which the US government uses the most advanced technology of the 21st century to advance its own interests, as widely and broadly perceived by their ultras, one should only recall what Bradley Manning, Julian Asange and Edward Snowden have revealed recently.
Disclose TPPA negotiations
Since Merdeka, our leaders have been careful not to be drawn into the US sphere of influence. Thus, we did not join Southeast Asian Treaty Organisation (Seato), and did not send troops to fight the Vietnam War.
In 1970, Dr Ismail Abdul Rahman suggested the neutralisation of Southeast Asia. Dr Mahathir Mohamad gave the public impression of being independent of the US. The present government, on the other hand, seems to give in easily to US requests or demands.Further, the contrast between the strong methods used by Malaysian governments to deal with the opposition or dissidents internally, is marked when compared to the soft, gentle approach in their dealings with other countries.
It is time that our leaders stood up to fight for our national interest, even if that upsets or irritates other countries. Is it too much to ask for an independent and firm foreign policy from Wisma Putra?
Malaysians have every right to know if their interests would be prejudiced if TPPA is signed by their government. Accordingly, the government must immediately disclose fully the TPPA negotiations so that its citizens, academia, businesses, trade unions and labour can make known their diverse views on the subject.
Finally, Parliament must be invited to pass the necessary legislation authorising such a far reaching treaty to take effect as part of the laws of Malaysia.
Malaysians have every right to know if their interests would be prejudiced if TPPA is signed by their government. Accordingly, the government must immediately disclose fully the TPPA negotiations so that its citizens, academia, businesses, trade unions and labour can make known their diverse views on the subject.
Finally, Parliament must be invited to pass the necessary legislation authorising such a far reaching treaty to take effect as part of the laws of Malaysia.
TOMMY THOMAS is a lawyer specialising in constitutional law.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.