Thursday, October 25, 2018

Take responsibility, stop hillslope development, return our third vote!

Press Statement by Agora Society on 25 Oct 2018

We remained saddened by the latest tragic landslide that happened at Bukit Kukus, Penang Island on19th October. A total of 9 bodies have been recovered and 4 are still missing thus far. We stand together with other fellow Penangites in the vigil for the victims who lost their lives, Malaysian and non-Malaysians alike, unnecessarily. We offer our deepest condolences for the families who are now left devastated without their father, mother or loved ones. Days have passed but, regrettably, not a single party or authority has taken responsibility for what had happened in the latest episode –did anyone in power ever say ‘Sorry’ to the affected families?

This tragic news came barely one week after the news that a worksite ‘mishap’ and structural collapse occurred at the same site, followed by a stop work order issued on 11th Oct. Unfortunately, it was reported that the contractor still went on their operation probably until 19th Oct. Clearly the weak enforcement was also a big issue. The contractor who went against the order must be named and shamed and, should the case be established, be made to face the most severe possible legal punishment.

This tragic incident reminds us of the landslide at the Granito construction worksite at Tanjung Bungah almost a year ago, which shares some similarities in that the authorities had failed utterly in their duty to ‘monitor’ and ‘control’ the soil erosion and slope integrity.


After the May 9th General Election, which saw the DAP-led Pakatan Harapan coalition returned to power with a greater majority and mandate to run the state, a new Chief Minister, Chow Kon Yeow, was sworn into office, riding a strong wave of hope and change now that both the federal and the state governments are made up of the same coalition. Unfortunately, we did not see any paradigm shift in governance, as the mindset of the authorities remains unchanged: eager to take credit for success but quick to shun responsibility for failure, even blaming the latter on others.

For instance, after the tragic incident happened, the first reaction of the Chief Minister was to attribute it to the heavy rain, which was particularly frustrating as it frightened the Penang people especially those who live in higher risk areas. It would be better for the state government to  halt the hillslope projects, something within their power to do, rather than wishing for rain to stop.

Furthermore, in pointing the finger at the contractors and engineers, Chow is conveniently oblivious to the fact that the Jalan Bukit Kukus paired road project is under the authority of MBPP who had approved the project in the first place.

More tellingly, the State Works, Utilities and Flood Mitigation Committee chairperson Zairil Khir Johari reportedly admitted that the state government was not proactive enough in monitoring hillside development projects, and seemed to believe that having the authority to impose high compounds on contractors would help prevent such tragedy. The state Housing, Local Government, Town and Country Planning Committee chairperson Jagdeep Singh Deo also lashed out at the parties who had failed to  conform to the SOPs. Here, we would like to remind the state government that if they did not keep up with the monitoring works on their own projects, follow their own SOPs and enforce orders effectively, any high compounds and legal action taken after an incident would only be tantamount to attempting to lock the barn door after the horse is bolted, too late to save lives.

Given that the search and rescue mission is still ongoing and the government still owes the public plenty of explanations over rampant hillside development projects all over the Penang Island, it is inappropriate and insensitive of the Penang Island Mayor Yew Tung Seang to stress “The road project must go on, regardless of anything” at the very moment when the victims’ families are still mourning. His insensitive and unsympathetic statement is nothing but bordering on rudeness. Rubbing salt into the wound is CM Chow who reiterated to the press that the landslide incident would not change the Penang government’s plan, and the state authorities have no intention whatsoever to halt or review hillslope infrastructure projects. In short Penang development trumps everything else, even human lives.

We are not sure what kind of lessons have the authorities learned from what had happened in recent years, but we are left disappointed and deeply offended by the responses of by those who are entrusted with the state’s highest office.

Penang Forum, under an important initiative called Penang Hills Watch, had voluntarily and periodically given nudges and detailed incident reports to the state government and MBPP. For 3 continuous years, Penang Forum has been helping the authorities to act on ‘danger signals’ and potential environment threats. Still, the two parties immediately responsible, ie. EXCO Zairil (previously Chow) and Penang Island City Council, have both failed to respond and act upon the information provided to avert the tragedy. What more do they expect the concerned citizens to do the works for them? Given their (lack of) track record of monitoring, risk assessment and control, how could the people in Penang trust them in carrying out the much more massive and far riskier Pan Island Link 1 Highway project which would cut through the hills?

Yet, the Penang government’s display of defiance in the face of growing criticism and vow to continue risky projects without addressing the critical safety issues repeatedly highlighted by the civil society hardly instil any public confidence that the state government and the local council are capable of preventing incidents with dire consequences from ever happening again. Why is there a rush to declare ‘the show must go on’? Please halt and review all hillslope development projects now, followed by a moratorium on new applications.

After all, accountability and responsibility are hallmarks of good governance. We demand that whoever is in charge of approving and/or monitoring this project that person has to take full responsibility and step down/resign for such a terrible but avoidable incident, as well as sincerely apologize to the victims' family. If it is a collective responsibility and we expect no less. In the end, the Bukit Kukus landslide should serve as a bitter lesson for the authorities for years to come.

Last but not least, the repetitive failure of the local authorities in responding to public concerns and their lack of accountability make it crystal clear that local government election has to be restored. Return our third vote! We call for all MBPP city councillors to resign en-mass and pave the way for local government elections. Ultimately, let the people decide what kind of environment they want to live in and what would be appropriate development projects for their own place. More urgently, in this case, it is time for the people to save their own lives and protect their health and welfare.

Agora Society Malaysia
25.10.2018

* Agora Society Malaysia is a loose network of individuals who believe in the principles of democracy and good governance. More information please visit http://agoramalaysia.blogspot.com/ or https://www.fb.com/agora.msia

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