IT was 20 months ago that Prime Minister Datuk Seri Najib Razak formally announced his 1Malaysia concept. We are now in a position to examine the challenges facing the idea, to reflect upon its achievements and to look ahead.
The first of the challenges comes from vested interests with a stake in perpetuating ethnic dichotomies that are inimical to national unity. Among the Malays and Bumiputeras, there are groups who abuse the Special Position embodied in the Constitution and in certain public policies to advance their own interests. They alienate not only the vast majority of non-Malays but also a significant segment of the Malay and Bumiputera populace.
Likewise, the pronounced push for Chinese primary and secondary education within the Chinese community, in contrast to its passive approach to education in the national language, has created a great deal of disillusionment among Malays who feel that the former are not inclined towards integration that acknowledges the identity of the land.
A second challenge emanates from partisan politics. Some individuals and groups within the political opposition view 1Malaysia as a propaganda tool of the Barisan Nasional. They ignore the fact that 1Malaysia was presented to the people as a national mission on April 3, 2009 by the prime minister in his capacity as the sixth prime minister of Malaysia.
Besides, right from the outset, 1Malaysia was anchored in the Constitution and linked to the Rukun Negara and Wawasan 2020, which are instruments of nation-building, not political party manifestoes. If it had not been for this negative attitude of some politicians, which has an impact upon a portion of the populace, 1Malaysia would have gained more traction.
Certain unhelpful religious sentiments also impede 1Malaysia. There are influential elements in the religious establishment who do not realise that their narrow, bigoted interpretations of rules and regulations undermine that universal, inclusive spirit of Islam which reinforces the notion of common humanity that 1Malaysia envisages. On the other hand, there are non-Muslim politicians who are totally insensitive to Muslim feelings about Islamic etiquette, practices and institutions.
1Malaysia is also hampered by certain communal pronouncements and ethnic distortions and misconceptions which are ventilated more frequently than before in the public square. Words such as pendatang and penumpang directed at fellow non-Malay citizens are not only demeaning and degrading but also utterly reprehensible from the standpoint of our quest for national unity.
They are, to some extent, a reaction to the constant attempts by a section of the non-Malay intelligentsia through the cyber media to question the Malay position. Ludicrous arguments are trotted out, such as that the presence of small pockets of Chinese on the Malay Peninsular for hundreds of years delegitimises the Malay position. On the contrary, the very fact that they were well integrated into what were essentially Malay milieus, sustained by Islam, the Malay language and the Malay sultanates, proves that the Malay polity was the precursor of the Malayan, and later, Malaysian nation-state.
In spite of these formidable challenges, there are certain achievements that one should attribute to 1Malaysia.
One, it has helped to foster -- to a limited degree at least -- a feeling of togetherness among a lot of young Malaysians. They understand 1Malaysia as an all-inclusive idea that embraces the nation's diverse communities. Our accomplishments in regional and international sports throughout last year have also contributed to this feeling.
Two, 1Malaysia has also been associated with the present emphasis by the government upon extending assistance to the poor and needy, regardless of ethnicity. That social justice is a more important consideration than ethnic or religious affiliation is a critical 1Malaysia message.
Three, for the first time, there is an earnest endeavour on the part of the government to recognise and reward ability and excellence, irrespective of ethnicity. The award of local and foreign scholarships to all 9A-plus scorers in the Sijil Pelajaran Malaysia (SPM) in 2010 was testimony to this.
Four, through 1Malaysia, efforts are being made to increase the intake of non-Malays in the civil service, the police and armed forces, and to ensure that there is greater mobility for them in these public institutions. Certain private enterprises dominated by one community at the managerial level should emulate this and also become more multi-ethnic.
This year and beyond, apart from building upon our 1Malaysia achievements, the government, the opposition and civil society groups should do much more to overcome the challenges that confront 1Malaysia. Raising public awareness should become a more systematic and organised enterprise with the capacity to rectify serious inter-ethnic misunderstandings.
For instance, Ketuanan Melayu is not -- as erroneously interpreted by the English language media -- "Malay Supremacy". It is more accurately described as "Malay Sovereignty".
The fight against the Malayan Union in 1946 was an attempt to restore Malay sovereignty, crucial elements of which were later incorporated into the Malayan and Malaysian Constitution in the form of the position of the Malay Rulers, the status of Malay and Islam, and the Special Position of the Malays.
It should be sufficient to emphasise loyalty to the Constitution today, without harping upon Ketuanan Melayu, which from a 1Malaysia perspective is divisive and detracts from our noble endeavour to strengthen inter-ethnic unity and harmony through common Malaysian citizenship.
By Dr Chandra Muzaffar chairman of the Board of Trustees of Yayasan 1Malaysia and professor of global studies at Universiti Sains Malaysia (New Straits Times)
It may seem a bit early given that elections are three years away, but Jakarta's political circles are beginning to buzz with reports that Kristiani Herawati, the wife of President Susilo Bambang Yudhoyono, plans to run for president when his second term expires in 2014. The whole thing, pundits and insiders say, is about building a Yudhoyono dynasty.
Mrs Yudhoyono, known universally as Ibu Ani, is the daughter and eldest child of the late Gen. Sarwo Edhie Wibowo, who played a key role in the events of 1965 in which the late strongman Suharto took advantage of a failed coup to elevate himself into power over founding president Sukarno. Initially a close ally of Suharto who also played a role in the bloody purge of Indonesian communists in 1965-66, Sarwo Edhie was said to have been pushed aside in 1970 after he reportedly complained about government corruption.
From that point on, he was given positions that largely kept him outside the political sphere of the central government. He was appointed Indonesian Ambassador to South Korea and Inspector General of the Department of Foreign Affairs from 1978 to 1983.
While it is difficult to pin down her motivations with any certainty, Ibu Ani is said by palace observers and others to believe it is her family's turn to rule Indonesia after the derailing of her father by Suharto.
According to this line of thinking, Ibu Ani would fill the chair until one of the couple's two sons, currently too young to go for the top job, are sufficiently mature to run. That would be in 2019 at the earliest, when the family's eldest son, Agus, a military officer, would be 40. The couple's younger son, Edhie, was elected a member of the Democratic Party's House of Representatives contingent. Both sons reportedly have political ambitions.
The presidential palace in Jakarta Tuesday denied suggesting that the first lady is a likely presidential candidate. The president's spokesman, Julian Pasha, told reporters that any talk that she would succeed her husband was simply "a discourse, aspiration or opinion that was privately conveyed."
Nonetheless, a senior official of the powerful Golkar Party, which is nominally allied with Yudhoyono currently, said recently, "Ibu Ani is the choice. She is likely to lead the ticket in 2014." The man said the president's party simply had no other recognizable leader that could move into the job. "There is no one else," he said.
A spokesman for the Democratic Party, which Yudhoyono founded, hinted Monday that Aburizal Bakrie, the head of Golkar, the scandal-plagued party set up by Suharto, could be Mrs Yudhoyono's running mate. The idea is that a vice presidential candidate should be drawn from one of the two or three biggest political parties to solidify grass roots support. Along with the Democrats and Golkar, the third is the opposition Indonesian Democratic Party of Struggle, or PDI-P as it is known by its Indonesian language initials. The party's leader, Megawati Sukarnoputri, is regarded largely as a spent force in Indonesian politics and her husband is said to be eyeing a partnership with the Democrats as a way into power.
Mrs Yudhoyono would face some stiff competition, although none of it is arising from the Democratic Party. The party's chairman, Anas Urbaningrum, is considered too young at age 41, and has little grassroots support. Dino Patti Djalal, the president's former spokesman, could be considered a long shot but he too is considered to be young at 45 and is in Washington, DC as ambassador to the US.
Another candidate is Hatta Rajasa, the head of the National Mandate Party and coordinating Minister for the Economy in Yudhoyono's cabinet. But Hatta was pushed aside from being selected as Yudhoyono's vice presidential candidate in the 2009 national presidential election in favor of Boediono, a respected banker and technocrat who is not a politician.
Any suggestion that Bakrie might be a running mate to Ibu Ani seems equally far fetched. He covets the presidency himself and is now a front runner of sorts despite the fact that he consistently polls no more than 3 or 4 opercent in opinion surveys given his reputation as bare-fisted backroom businessman. But while he holds no official role in the cabinet, in May Bakrie was appointed "managing chairman" of a new government joint political secretariat — a position he got the day after his allies in the House succeeded in driving Sri Mulyani Indrawati, the widely respected former finance minister, out of town.
Persistent reports, however, have Sri Mulyani plotting a return to Indonesia to run for President in 2014 as a reform candidate. One suggestion making the rounds is that Sri Mulyani, who was hounded from office in a nasty political fight over a bank bailout and is currently a managing director of the World Bank, would even lead the Democrats. It is tantalizing to consider but unlikely, given her lack of a popular base beyond academics, intellectuals and journalists.
Despite Yudhoyono's reputation as a reformer, Sri Mulyani herself has compared the current situation in Jakarta to Suharto's crony dictatorship, telling business leaders last May that "We have learned from the 30-year regime of President Suharto, where relationships between personal and public interests were so mixed up. We all knew what occurred during the New Order era was like a disease. But at that time it was done behind closed doors. Now it's more sophisticated and the skills of power enable the decision-making process to be co-opted."
Certainly, despite 12 years of undeniable economic, social and political strides since Suharto lost power in 1998, the country remains mired in pervasive corruption, with its political institutions largely undeveloped and its law enforcement and judicial systems shot through with questionable practices.
But with today's admirably free press, at least the coffee shop mutterings and speculation surface for all to hear. Unlike the days when Gen. Sarwo Edhie and his erstwhile pal Suharto maneuvered themselves into power through stealth and a bloody purge, Indonesia's future is discussed and pondered openly, just like in what the country has become, a democracy.
Asia Sentinel
Szeto Wah (1931 –2011)
Hong Kong is awash with elite crocodile tears in the wake of the death from lung cancer of Szeto Wah, 79.
All kinds of dignitaries, headed by Chief Executive Donald Tsang and Chief Secretary Henry Tang, and including media owned by the families of assorted former drug and cigarette runners, who rushed to praise a man whose popularity stemmed from a selfless career in pursuit of patriotic and democratic objectives. The career of "Uncle Wah" has long stood in sharp contrast to the opportunism displayed by Sir Donald and the bureaucrats and tycoons whose only compass has been their advancement up the ladders of power and wealth.
Not for Szeto the British honors which Tsang & Co used to accept so eagerly. Not for him the baubles named Bauhinia awards now handed out by Sir Donald to those deemed sufficiently obedient by the Chinese Communist Party’s representatives to be considered "patriotic."
This was a man who never wavered in the pursuit of combining Chinese patriotism with democracy and the interests of ordinary people. A primary school teacher, his commitment and organizational gifts led him in 1974 to found the Professional Teachers Union. From that platform, among many other liberal and patriotic causes, he pushed first for equal rights for the Chinese language in a government and legal system in which English was always deeded the official version of events and documents.
He pushed too for direct popular representation in the legislature and for the values of a liberal and democratic system.
Initially his patriotism was acknowledged by Beijing, which in 1985 appointed him to the Committee in charge of drafting the Basic Law, the mini-constitution by which the territory has been governed since the 1997 handover to China.
Most of the businessmen and professionals on the committee who had once wept at the thought of being abandoned by the Brits to the tender mercies of Beijing now agreed to almost anything Beijing proposed to obstruct democratization. But Szeto proved awkward. Here was a man whose record of opposing both British colonialism and the sycophancy of the local Communist party surrogates to any orders from Beijing was without equal.
But it was June 1989, the Tiananmen massacre, which truly showed his commitment. The proven patriot denounced the suppression, resigned from the Basic Law drafting committee and founded the Alliance in Support of Patriotic Democratic Movements in China. As a result he was barred from visiting the mainland, a bar which remained till his death.
He remained head of the Alliance, never missed a June 4 vigil and last year commenting "I believe democracy will be realized in China although I may not get a chance to witness it."
He was in 1990 a founder of the United Democrats which subsequently became the Democratic Party. He was the teachers’ representative on the Legislative Council after functional constituencies were created in 1985 and he was directly elected in 1991 when the first direct elections for some seats were held. Significantly he trounced Elsie Elliot Tu, a British failed missionary who made her name as a fighter against corruption and colonialism but became, and remains, an apologist for Beijing and its Hong Kong proxies.
He was a member of Legco until retiring in 2004 but remained active as an icon of democracy in Hong Kong and the mainland.
His departure, though not unexpected a year after being diagnosed with lung cancer, finds the democracy movement in Hong Kong enjoying wide support but lacking leadership. The government is even trying to exploit Szeto’s death by emphasizing his support for some very small steps towards democracy introduced in 2010 but opposed by many democrats as almost meaningless. In fact Szeto only agreed to them very reluctantly and never showed the slightest sign of wavering from his principles.
The broader democracy movement, for which Szeto has for years been the spiritual leader, is split. The Democratic Party remains the largest component but was divided over its acceptance of last year’s constitutional changes. It has name and organization but its leadership is competent rather than inspirational.
The Civic Party enjoys support among many middle class Hong Kong people but its leadership by a self-regarding clique of barristers limits its potential. The most radical group, the League of Social Democrats, has a solid following both among the underclass and those believing the other democrats are simply too polite to get anywhere. But its tactics limit its appeal and it too suffers internal problems.
All in all Szeto’s death is a huge loss not just for Hong Kong but for all those who believe that the territory can and could contribute more to China than self-serving bureaucrats, party apparatchiks and "greed is good" actual or aspirant tycoons. Only a few months before his death he dismissed as "crocodile tears" an appeal by Regina Ip, a legislator with close Beijing connections, that he be allowed to return to the mainland where he was born.
He could easily spot the hypocrisy of this self-serving bureaucrat turned united front politician who now pretends to like democracy.
The praise from Tsang, Tang, Ip and others must be making his bones quiver in rage as they await cremation. Some of his ashes will be sprinkled on Hong Kong soil, some on the mainland – if they are allowed back. While the crocodile tears for Szeto are being shed by Tsang & Co., the government will be barring overseas activists who were inspired by him from attending his funeral. Asia Sentinel
Many commentators are heralding Asia's rise in the wake of the global financial crisis. Compared to the US and Europe, prospects in the region do look good. Events both recent and over the year, however, warn us not to assume the phenomenon is irresistible. While rising, the region is exposed to continuing sources of instability.
The current turmoil on the Korean peninsula demonstrates this vividly. An unresolved relic of the Cold War, Pyongyang's nuclear ambitions have been difficult to deal with despite the diplomatic efforts of the six-party talks.
But it isn't nuclear warheads that have created the current turmoil. A torpedo sank the South Korean Navy vessel Cheonan in March, and on November 20 artillery shells pummelled South Korean military and civilian installations on the disputed island of Yeongpyeong. Standard weapons are more than enough to create a new sense of uncertainty. Nothing done since March has rebuilt stability.
Never mind that South Korea is a major economy and hosted the recent G-20 summit, the first in Asia. Economic growth in the country, as in much of Asia, is built on a tenuous foundation of peace. Unable to manage the situation, Seoul has reinvigorated its old alliance with the US.
Ties with China are inevitably affected. Like most Asians, South Koreans look to the Chinese economy to drive growth. It is indeed one of the few countries in Asia to enjoy a trade surplus with China. There was earlier talk about a free trade agreement with China, either bilaterally or including Japan as a third partner. Such economic diplomacy now looks less likely.
China is the only country believed to be able to influence Pyongyang. But what Beijing has done since March is judged by many in South Korea as being less than helpful.
This highlights a second question about the rise of Asia: the role and attitude of China. There is no single Asia. Much depends - perhaps too much - on this giant that is changing as it rises.
Economically, China is the hub for the region's future growth. Inter-dependence in trade and investment between South Korea, Japan, Asean and even Taiwan - especially after their Chinese free trade agreement - is real and growing. The picture in South Asia too is similar, with China now India's number one trade partner.
Politically, however, Beijing has been much less attractive in 2010. The Korean issue comes on top of controversies with Asean members in the South China Sea, as well as the dispute with Japan over the Senkaku islands. These steps were surprising as China has for over a decade sought to befriend and charm Asean neighbours. The current leaders in Tokyo also want better ties with Beijing.
Visiting India in December, for the first time in five years, Chinese Premier Wen signed off on business deals worth US$16 billion. But the underlying competition between the two Asian giants continues to simmer. There is strategic competition over sea power as well as distant points in the Himalayas and political influence as India vies for a seat on the UN Security Council, where China is the only current Asian permanent representative.
That the Chinese leader went on to visit Pakistan also did not escape notice. Many in New Delhi believe Beijing continues to support their old rival in order to preoccupy India. Even in economic relations, trade tensions underscore the increase in flows, and India has slapped tariffs on a range of Chinese imports, including in the telecoms sector.
The nature of China and its diplomacy is being tested, and how Beijing has acted and will act in the coming months will be judged as showing its character as it grows. Some already ascribe ambition and arrogance to China while others will wait and see. Perceptions will shape how other Asians react. How the Chinese leadership approaches the US-China Summit to be held in January will be looked at carefully, not only by Americans but by other Asians.
It is to Asia's credit that through the financial crisis and 2010, the region has continued to rise. But challenges in 2011 may be even tougher, not only in economics but the underlying politics. Growth will be tested, but even fundamental peace and stability will come under stress. Compared to the developed world, Asia may be the only region expected to show strong growth, but that does not mean Asia is ready to be alone.
By Simon Tay chairman of the Singapore Institute of International Affairs and author of "Asia Alone: The Dangerous Post-Crisis Divide From America."
The world has changed. More than ever before, it is dominated by two opposing forces: the compulsion to share information and the need to control it. The year 2010 can claim to have a pivotal spot in the technological history of mankind, though not evidently for the better.
On the eve of the New Year, I began to wonder what some of the most significant world events were and which of these stood out. How could they further have an impact on a world already paranoid about privacy and national security on one hand, and obsessed with the advancement of techno-devices on the other?
The WikiLeaks headlines obviously top the list on a global scale, followed by the Google pullout from China, which left its mark on the world of corporate espionage. Third is the pressure exerted on the Canadian company Research In Motion (RIM) to hand over its Blackberry encryption to several governments.
These three events signify a paradigm shift in the gathering and sharing of information.
Where do you draw the line between the freedom of information flow and the right by authorities to control and seize information for the sake of national security? The advance of the Internet in the 1990s, along with the increasing popularity of handheld devices and social networking platforms over the past decade, have further contributed to the blurring of this divide.
The corporate world has also taken this cue to gain from the arbitrage of information.
The WikiLeaks releases over the past month -- a quarter of a million official messages and diplomatic cables dealing with how the United States conducts its foreign policy, have definitely left a scar not only on diplomatic relations. That doesn't mean just with America but any country seeking to conduct private bilateral dialogues. It is a reminder to everyone on what, what not and how to say, write or convey a message/opinion in any medium. It also demonstrates the growing power of online reporting, from citizen-reporting news portals to YouTube and now WikiLeaks.
The Google decision to quit the Chinese market early in the year went beyond just obeying or defying government censors and the Internet giant's claims about being the target of cyber attacks originating in China, allegedly orchestrated by Chinese authorities. The latter led to the discovery of hacking and "highly sophisticated and targeted attacks" on the infrastructure of more than 20 major American corporations, which confirmed that the once shadowy world of spies and intelligence has passed seamlessly from switchboard to keyboard, with corporate espionage and business intelligence becoming as important to governments as the spy game.
Which brings us to the next on my top-three list, the Blackberry-dominated business world. Several governments, notably India and the United Arab Emirates have demanded that RIM hand over the encryption keys and codes of its corporate email and messaging services of its Blackberry devices so that their intelligence agencies have control over data and information exchange, citing the need to monitor potential terrorist threats. There is every indication that other governments will follow the two to demand such control.
While the eventual arrangements are still being ironed out, notwithstanding the impact on RIM with the iPhones and Android devices already hot on Blackberry's heels, end users are once again starkly reminded that Big Brother is always watching and in fact intends to find new ways to peer over everybody's shoulder.
It thus appears that the "safe and "secure" platform is just a fantasy for the man on the street – as the need to control and seize information will unquestionably be on the rise on the backdrop of terrorism and national security issues for the governments as well as gains from information for the corporate world.
Yet the social networking giant Facebook is now the most popular web site, with some half a billion users, and still growing despite the lingering issues of privacy and security.
One cannot help asking: what is the motivation to share information? Has the world not come to grips with the inconvenient truth that no information is ever safe? Recall the news about how the wife of the new MI6 chief caused a major security breach and left their family exposed after loading photographs and personal details onto Facebook.
Looking back, 2010 has indeed brought the perplexing issues of information flow ever closer to a disturbing surface. It is only going to get worse. Perhaps that explains why Facebook's Mark Zuckerberg was Time magazine's Person of the Year.
By Vanson Soo Hong Kong-based expert in business intelligence and corporate investigations, specializing in the gathering of pivotal information and intelligence.
Victims of tainted milk powder scandal plead in vain for justice
When Zhou Xiong looks at his three-year-old son, Zixuan, he feels hopeless. The child has had two operations since his right kidney stopped functioning at the age of nine months.
It's not the medical catastrophe that makes Zhou feel hopeless. It is the fact that justice has not been done by his son, who is being cared for by relatives in Chibi, a prefecture-level city in Hubei Province, while Zhou and his wife work in Suzhou, Jiangsu Province, to make enough money to pay for the child's medical expenses.
"I have no options left," Zhou says. "Everything I did was all for nothing. I just feel so much pain whenever I think of my boy … I almost collapse."
So far six children have died in the 2008 melamine-tainted milk scandal, in which an estimated 300,000 children became victims, according to Chinese authorities. Of those, a further 860 were hospitalized with kidney stones and other kidney damage. Like Zixuan, others suffer from continuing medical problems that may well worsen as they age. Milk power produced by the Shijiazhuang-based Sanlu Group, then one of China's biggest milk product producers, appeared to have been spiked with the chemical melamine to make it appear to have a higher protein content. Melamine is normally used to manufacture a type of plastic commonly used to create kitchen counter tops. Ultimately 21 other companies were found to have used melamine to a lesser degree, including some of China's most prominent dairies, Mengniu, Yili and Yashili.
But if it is a story of alarming corporate deception, it is also a story of a broken legal system. Hundreds of thousands of parents continue to entreat the milk powder manufacturers to pay their medical expenses. Fearful of the consequences, they have completely abandoned any notion of suing government authorities and the manufacturers, who declared the milk extremely safe for drinking and then apparently tried to cover up the scandal before, during and after the 2008 Olympics. Attempting to obtain redress far too often has resulted in beatings by thugs or police for the plaintiffs.
The compensation package was a paltry 200,000 yuan (US$30,033) for a dead child and 30,000 yuan each for those with serious complications. All other children received 2,000 yuan each.
Zhou rejected the 2,000 yuan. He has tried to sue Sanlu, protested at the company's door and has been to Beijing to petition the authorities, all to no effect. Not one court on the Chinese mainland has even agreed to a hearing for his son.
Zixuan's health checkups and treatment run at more than 1,000 yuan a month. Zhou and his wife, Zhou Honghua, sold their pastry shop and Zhou found a job that pays about 2,000 yuan a month. Doctors told Zhou in September that they couldn't find his son's right kidney, meaning it had "atrophied."
The child's left kidney, which has already undergone two operations, is weak and unlikely to sustain the extra burden. If both kidneys fail, Zixuan will die. Kidney donors are virtually impossible to find.
"How come such a cute kid has to bear such pain?" Zhou says. "No one proposes any follow-up medical treatment plan for the affected kids."
The NGO Transition Institute has raised 39,700 yuan ($5,958) for Zhou, says institute researcher Jin Fusheng. The institute will set up a website listing the names of about 10 parents in need of donations, Jin says.
Most of the poisoned children continue to struggle, says Jiang Yalin, mother of three-year-old Tangxin Yilin. They rely on such private donations after their failure to seek any form of legal redress. Without adequate compensation, some parents are hoping to establish a fund and asking for society to donate.
Others have reportedly started a campaign to monitor the quality of dairy products and then threaten manufacturers with exposure if their products are substandard. Jiang denies any such plan, saying parents don't have the skills or technology to monitor product quality.
The stakes are high and sensitive.
The signed note
Zhao Lianhai, a father whose son Zhao Pengrui is sick, was jailed for 30 months on November 10 for inciting social disorder after trying to peacefully draw attention to the plight of the poisoned children.
His wife, Li Xuemei, announced the end to their campaign for justice on behalf of families after entry to their home became impossible without agreement from the neighborhood committee and a newly arrived detail of around-the-clock security guards. Hong Kong reporters who tried to access the compound were beaten back by the guards.
Zhao had ripped off his shirt and declared he would appeal against the unjust sentence, his former lawyers say. It therefore came as a shock when two days later, Zhao's lawyers were told – not by Zhao – of a U-turn in attitude. They were handed a piece of paper with Zhao's signature that alleged Zhao had fired them both, abandoned his appeal and instead applied for medical parole. They were not permitted to see him before the appeal deadline to confirm the decision.
Since that time, it has been learned that Zhao's medical parole has been granted. His lawyers said he has been released, and is receiving medical treatment at a hospital. Earlier, Zhao released a statement in his personal blog, saying he does not want to talk to anyone and that he agrees with the punishment imposed by the court.
No one knows whether he was under pressure to write such astatement. His family members, whose outspoken comments outside the Daxing District Court in Beijing on November 10 when Zhao was sentenced helped attract international attention to the case, have turned silent and refuse to speak to the media.
The expensive and sinister wall of silence that surrounds Zhao extends across an entire nation: Zhao's former lawyer, Peng Jian, says more than 200 parents submitted applications to courts demanding that milk powder manufacturers pay more compensation, but most refused to register the parents' applications. Of those that did register the cases, few if any have held hearings.
No explanation has ever been offered as to why the registrations were rejected or why the courts would not fix a date for trials.
Despite vowing to continue with their court action, many parents believe the legal campaign will yield nothing as the two-year deadline for civil lawsuits passed with courts still ducking trials.
Peng says in theory if the parents can prove that they filed legal documents over the last two years, they can still continue with their legal action. However, the road will be bumpy.
Burden of proof
Parents must prove that the shareholders of the bankrupt Sanlu are responsible for the scandal or that the relevant government authorities have been negligent.
"It's difficult for parents to provide proof that the scandal was caused by the mistakes of shareholders," Peng says. "If they sue the government authorities, I doubt whether the courts will accept the case."
Proof is the biggest challenge, says mother Jiang Yalin. She has to prove her girl's problem was caused by contaminated milk powder. Hospital reports only record symptoms – kidney stone problems – not the cause of the illness.
"The burden of proof rests with the parents," she says.
Four desperate parents including Zhou, Li Jieli, Chen Lu and Ye Hongbo went to Hong Kong on May 4 to demand HK$12,369 ($1,590) to HK$33,490 in compensation from Fonterra Brands (China), a Hong Kong-incorporated company that owned 43 percent of Sanlu's shares. The world's largest dairy exporter, New Zealand company Fonterra had paid US$107 million for its share on Dec. 1, 2005.
The parents accused the company of delaying the release of information about the contamination for six weeks and failing in its responsibility to oversee Sanlu.
"I hadn't thought that I would be going to Hong Kong not for travel, but to take someone to court," says Ye, who had been offered 2,000 yuan compensation. His three-year-old son Ye Xi's medical expenses already exceed 10,000 yuan ($1,500).
The Hong Kong Small Claims Tribunal rejected their claims on May 27, saying, without any apparent irony, that judicial organization on the mainland was a better place to deal with the issue.
"The whole legal battle is a mental torture for us," Ye says. "None of the things we demanded have been achieved. We broke down in tears many times since the scandal, but no difficulty can stop us."
It's not just legal channels that are blocked.
Sinister silencing
Parents say they come under constant pressure whenever they talk to the media or post stories about their plight on the Internet. Whenever she makes an online post, Jiang says, people claiming to be representatives of government officials tell her the government is dealing with the matter and ask her not to post any more stories.
"But they just say empty words," she says. "So far there is no follow-up action taken. They just want me to shut up."
The lawyer Peng says parents may have to return to Hong Kong to seek justice on the mainland. He's confident the parents' situation will improve, but not necessarily through legal means.
"If we fail at all legal battles, we will liaise with some charity groups to see how we can take care of the victims," he says.
"I feel sad every day," Zhou says, "but I won't give up on making a better life for my son. We now allow these miserable children to deteriorate at home … We should be responsible for the life of these children and stop them from going down. I hope people will be concerned about these children or otherwise, we may suffer similar scandals in the future. I beg you for your support." Asia Sentinel
Om Swastiastu ...Read the full report at http://www.balidiscovery.com/update/update747.asp
Welcome to the first edition of Bali Update for 2011.Bali ushered in the New Year peacefully, that is, of course, if you ignore the horrendous bombardment of fireworks that literally went on for days and nights. Read our wrap on New Years festivities in Bali and how those fireworks affected the island.
We got news on continuing delays at Lombok's new airport; a clear-headed assessment on Bali's tourism industry from a leading businessman; the violent robbery at a Gianyar villa over Christmas; a threat by lawmakers to close down the Best Western Kuta for operating without a license; news that 97% of hotels, inns and restaurants in Gianyar are operating illegally; and an impasse on the road to building Bali's new highway underpass.
There's a reports suggesting Bali's domestic market may be softening. Information that the long-awaited Bali bus system will begin operating in the first quarter of 2011. How Bali's soon-to-be-renovated airport is seeking an intermodal approach with the proposed new rail system for Bali. And, we have an update on the financial performance of Merapti Nusatara Airline for 2010.
In hotel news: the announcement of a new hotel - "The Grand Whiz" being built in Tuban; how the Bali InterContinental made this a very special Christmas for a group of local orphans; new water features at the huge and hugely popular pool at the Hard Rock Hotel Bali; and the Bali Hotel Public Relation Association's successful efforts to raise a funds for disaster relief in Central Java.
After a most successful 2009, Indonesia has sets an ambitious target of 7.7 million foreign visitors for 2011.
We also have an editorial questioning the pros and cons of a proposed cruise pier at the Komodo National Park.
Are you feeling romantic? Read how U.K. celebrity Lilly Allen just got engaged to Sam Cooper at the Amankila Resort in Bali.
Finally, one of Bali's most unusual shopping venues - "Joger" has won an important award. Find out why this is a shop you simply must visit on your next visit to Bali.
There's also news on two important art exhibitions - one in Ubud and another in Jumbaran.
Follow me, on Twitter at http://twitter.com/BaliUpdateEd
Thanks to Gending Kedis and Bali Theatre at the Bali Safari and Marine Park for helping to make this edition of Bali Update possible.
Best wishes for health, success and security in the year ahead.
Om Çanti Çanti Çanti Om ...
J.M. Daniels - Bali Update
Bali Discovery Tours
