In
a major overture to its Indian-origin citizens (mainly Hindus of Tamil stock),
the Malaysian government lifted its four-year ban on the Hindu Rights Action
Force (Hindraf), on the eve of the auspicious Tamil month of Thaipusam, on
January 25, 2013. The Registrar of Societies informed Hindraf chairman P
Waythamoorthy that Home Minister Hishammuddin Hussein had lifted the ban
imposed on Oct 14, 2008, under Clause 5 of the Societies Act 1966, which gives
authorities absolute discretion to ban any organization in the interests of
national security and public order.
Hindraf
is a voluntary organization of the descendants of the Tamil indentured labour
brought to work on the plantations of British landowners in the colonial
period. In the decades since independence, they have suffered much
State-sponsored discrimination and oppression.
On
Nov 25, 2007, Hindraf brought 30,000 Indian Malaysians out on the streets of
Kuala Lumpur to protest against the growing marginalisation of the community;
the rally succeeded despite a government ban and was one of the largest ever
opposition rallies in the city. It resulted in a crackdown by the then Abdullah
Ahmad Badawi led-government and the arrest of five key Hindraf leaders under
the Internal Security Act. They remained in detention for two years. As
Waythamoorthy was then abroad, he became an exile for five years before
returning to Malaysia
In
protest, the Indian community which had long supported the ruling Barisan
Nasional, turned to the Pakatan Rakyat opposition combine in the March 2008
elections, as a result of which the ruling coalition lost its two thirds
majority for the first time since 1973, along with five states. In October
2008, the then Home Minister Syed Hamid Albar banned Hindraf, on grounds that
it was a threat to public order, security and sovereignty of the country and
racial harmony.
Hindraf was caught unawares by the sudden upturn in its fortunes, which is
certain to have political implications in an election year. The lifting of the
ban has been linked to overtures made by chairman Waythamoorthy to both Barisan
Nasional and Pakatan Rakyat. While the opposition met with Hindraf, the latter
refused to meet with the BN till the ban was removed.
The lifting of the ban comes just prior to the March 5 hearing at the Federal
Court where Hindraf is seeking registration as a legal body. Hindraf lawyer M
Manoharan, a member of the Kota Alam Shah assembly, has advised it to seek an
apology and damages from the government as the ban caused grave hardship to
many activists. Lawyer P Uthayakumar feels that “in the spirit of the lifting
of the ban,” the Attorney-General’s Chambers should drop the cases against the
54 activists charged for being members of an illegal body after they took part
in Hindraf’s anti-Interlok rally of 2011, which protested against racial slurs
against the Hindu community in Malaysian textbooks. His supporters demand that
the sedition charges against Uthayakumar also be dropped immediately.
The
question now is whether Hindraf will fall for the bait thrown by the Barisan
Nasional, which clearly desires their votes, though the party once arrogantly
stated that it did not need non-Malay (Muslim) votes. But now, the presence of
a powerful opposition has convinced Prime Minister Najib Abdul Razak and the BN
to conciliate the Indian community. Some observers feel that by opening talks
with Hindraf and conceding some major demands in terms of education and
economic opportunities, the Barisan Nasional will secure the critical Indian
vote in many federal and state constituencies.
Others
feel it may not be easy to overcome the deep sense of injustice and anger felt
by Malaysian Indians in the over four decades of BN-sanctioned
institutionalized racism and discrimination. The Hindus also faced religious
persecution, destruction of clan temples and icons, and forced conversions.
Dr.
Lim Teck Ghee, director, Centre for Policy Initiatives, notes that Hindraf
leaders have made tremendous personal sacrifices to fight for equal rights and
opportunities for all Malaysians (i.e., including those of Chinese origin),
particularly Indian Malaysians. Since the 2007 rally and the 2008 general
election in which Hindraf caused a major upheaval in the polity, its leaders
and supporters have suffered enormous persecution.
It
seems likely that Hindraf will move cautiously as the Barisan Nasional is known
to renege on election promises. Its five-decade rule has resulted in the
sustained decline of the Indian community in terms of socio-economic indicators
and political participation.
Hence,
Hindraf’s central objective is a quest for reconciliation which will bring
closure to some of the major grievances of Indian Malaysians, rather than
settle for some economic crumbs at election time. This will mean bringing the
poor and marginalised communities out of the “neo-slavery” conditions in which
they have been living for over five decades and into the mainstream national
economy. This is why Hindraf outlined an 18-point demand charter after the 2007
rally, and more recently, a Blueprint.
Together,
the two documents call for a dismantling of the racist and discriminatory
system and state; addressing the plight of hundreds of thousands of displaced
plantation workers and stateless Indians; ensuring adequate and equal
educational, employment and business opportunities for Indians and other
minorities; eradicating the racism that is rampant within the police and other
sectors of the civil service and which has especially targeted poor Indians;
and raising the standards of human rights practices to ensure a free, just and
fair nation. The now-legal movement specifically calls for scrapping Article
153 of the Federal Constitution, which outlines the special privileges and
positions of the Malays.
The
Barisan Nasional and Pakatan parties are eager to woo Hindraf as both realise
that Indian voters hold the key to power in the states of Kedah, Perak,
Selangor and Negri Sembilan and can influence the outcome in Johor, Malacca and
Pahang if the contest is close.
Much,
however, will depend on how the Barisan Nasional takes its initiative further.
In November 2012, Perkasa chief Datuk Ibrahim Ali had indicated the
government’s willingness to meet with Hindraf despite the prevailing ban, “as
everyone was entitled to voice out concerns plaguing their community”. But he
did not want the organisation to raise “sensitive issues such as the interests
of the Malays, Bumiputeras and Islam as the official religion”. Rather, he
said, Hindraf should focus on improving the lives of the Indian community
amidst the escalating cost of living. But chairman Waythamoorthy insisted on
the ban being lifted first.
So
far, the public reaction to lifting the ban has been less than euphoric, and
Hindraf will have to tread cautiously while responding to government overtures.
The Indian community’s top demand is that the 450,000 Indians denied legal
citizenship papers and thus rendered stateless be given their rights. Some want
a Minority Ministry to implement Hindraf’s blueprint, and for BN to allot 48
seats for Hindraf in the next general elections, a commitment that should be
given in writing.
The
development is a big boost to Hindraf, which had split into several factions
after the rally of 2007 and subsequent repression. An offshoot party, the
Malaysian Makkal Sakhti Party, sided with the Barisan Nasional in the 2008
elections, while other groups went along with the Pakatan combine, mostly to
DAP or PKR. But now, if it plays its cards well, Hindraf could emerge as a
major political force in its own right.
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