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Saturday, February 14, 2009

Registration form on Human rights

Training Programme of the
Melaka Bar Committee
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Human Rights & Contemporary Issues
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Saturday, 21st February 2009
REGISTRATION FORM
I/We would like to register for the Talk.
Name : ……………………………………………………………………………………
E-mail : …………………………………………………………………………………….
Name of Organization (If applicable) : …………………………………………………………………….
Address : …………………………………………………………………….
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Tel No : ………………….. Fax No: ………………………………….
Date : ………………….. Signature : ……………………………….
Please complete and e-mail the registration form to legalseminar123@gmail.com to confirm attendance. For registration information, please call Mr. Anthony Chua or Ms. Elaine Lau at 06-281 3423 / 06-284 8694.
There are limited places available and registration is free and on a first-come, first-served basis.
Completed forms to be forwarded to :-
legalseminar123@gmail.com

Please take a break to come!

JAWATANKUASA PEGUAM NEGERI MELAKA
MALACCA BAR COMMITTEE
No. 9373, Taman Indah, Section 1,
Bukit Sebukor, 75150 Melaka.
Tel : 06-284 5519 / 286 4514 Fax : 06-283 0755 E-mail : mccabar@gmail.com
January 15th, 2009 Via E-mail
Dear Sir/Madam,
Re : Invitation to our Human Rights & Contemporary Issues Training Programme
With reference to the above, the Malacca Bar Committee has the pleasure of inviting you/your organization to participate in our Human Rights & Contemporary Issues Training Programme.
Rarely if ever has the subject of migrant workers, “orang asal”, women or child rights and Freedom of Speech in the Media been the fervent topic of legal discourse. Thus in the spirit of fostering an awareness in these issues, the Malacca Bar Committee and Multimedia University (MMU) Malacca have agreed to jointly host a training and educational programme for practitioners, non-governmental organizations and the public with the aim to empower participants on these issues and to translate this awareness into social and legal action.
Our proposed prominent speakers are legal practitioners each renowned in their respective fields include Edmond Bon, National Human Rights Committee Chairman; Amer Hamzah Arshad, proactive refugee counsel and Roger Chan, human rights activist.
The programme details are as follows :-
Date : Saturday, February 21st, 2009
Time : 8.30-1.30pm
Venue : MMU Hall, Jalan Ayer Keroh Lama, Bukit Beruang, Melaka
Audience : on an invitation basis; expected 200-300 pax
Should there be any queries, feel free to contact Mr. Anthony Chua or Ms. Elaine Lau at 06-281 3423/ 06-284 8694.
The registration form is attached herewith in this e-mail. To help us in making arrangements, please confirm that you can attend soonest possible or by February 1st, 2009.
Thank you again for your support. Your presence is deeply appreciated and we look forward to hearing from you in the near future.
Yours sincerely,
Anthony Chua
Human Rights & Contemporary Issues Chairman
Malacca Bar Committee

Friday, February 6, 2009

Now comes the hard part for BN: Winning over the people

by Malaysia Today admin
Friday, 06 February 2009 08:29

“The Perak people should carve the faces of the four assemblymen on their limestone hills just like Mount Rushmore, so that future generations will remember...,” one reader commented on news portal The Malaysian Insider.
THE STRAITS TIMES It may have recaptured Perak, but Barisan Nasional now faces the bigger battle for the hearts of Malaysians, especially those who scoff at its backdoor re-entry to power.
But the opposition Pakatan Rakyat has not been spared criticism either. It has been knocked for losing control of its assemblymen.
On blogs, message boards and even networking site Facebook, netizens have unleashed their anger and disappointment, saying their trust in politicians has been shattered.
The volume of unhappy comments, along with the spike in Internet traffic driven by those wanting to read real-time updates of the twists and turns in the Perak saga, caused online news portals, including Malaysiakini, to redirect users to stripped-down versions of their websites, which load more quickly.
Most of the vitriol has been directed at the four politicians who jumped ship on Wednesday: former Parti Keadilan Rakyat assemblymen Osman Jailu and Jamaluddin Mohd Radzi, former DAP assemblyman Hee Yit Fong, and assemblyman Nasarudin Hashim, who defected to PKR last week before making an abrupt U-turn back to Umno.
They have been labelled traitors, having either flipped-flopped or reneged on earlier claims that they were not defecting.
“The Perak people should carve the faces of the four assemblymen on their limestone hills just like Mount Rushmore, so that future generations will remember...,” one reader commented on news portal The Malaysian Insider.
“Any rep leaving the party after having won is no better than a dishonest salesman who hoodwinks customers into buying products (of which the) quality does not measure up to what was claimed,” wrote another reader.
Many, like business development manager Nicole Fong, 34, who grew up in Perak and has family there, disapprove of a government formed through defections. “Calling for snap polls is the fairer way forward. BN can't just take over the state like this — they don't have the people's consensus,” she told The Straits Times.
On Wednesday, Deputy Prime Minister Datuk Seri Najib Razak announced that BN has recaptured Perak — which fell to the Opposition in last year's general election — thanks to the four lawmakers who switched sides.
With the defections, BN and PR hold 28 seats each. But with the three pro-BN independent assemblymen, BN can now claim control of the state assembly.
Political observers have, however, warned of a possible backlash from citizens if BN chooses to reclaim power this way — a point that was also emphasised by former premier Tun Dr Mahathir Mohamad.
Yesterday, veteran Umno leader Tengku Razaleigh Hamzah joined the chorus of naysayers, cautioning that taking control of Perak without getting the people's mandate would spell disaster for BN in the next general election. Such actions would “cement the enmity of the very people we should be trying to win back”, he said.
But Najib pre-empted such criticism. “We didn't start this,” he said. “Someone wanted to form the government on Sept 16,” he added, referring to opposition leader Datuk Seri Anwar Ibrahim's ambitious plan to engineer a massive defection of BN MPs to the opposition last year.
But political analyst James Chin said voters are always going to be more sympathetic towards the opposition.
“The general feeling is that the electoral system is skewed towards the ruling coalition. That's probably why they are less worked up when the opposition woos defectors,” he told The Straits Times.
Nevertheless, there are also fingers pointed at PR for its part in the debacle. “(Pakatan Rakyat), please vet all your candidates before letting them stand for snap polls,” wrote Perak resident Prema Subramaniam on Malaysiakini's website.Those who opted for the opposition last year have resigned themselves to a Catch-22 situation. After voting for BN for half a century, they say, voting for Pakatan has now backfired as well. — MI

Law expert: Vote of o confidence should be passed against MB in assembly

By Maria J.Dass

PETALING JAYA: Datuk Seri Nizar Jamaluddin's refusal to step down as Mentri Besar (MB) as instructed by the Sultan is legitimate as Article 16 of the Perak Constitution states that the MB has to tender his resignation if he no longer commands the support of the majority of members of the state legislative assembly, Constitutional law expert, Prof Dr Shad Saleem Faruqi said.
Asked if this meant that he was still legally the MB until the state legislative assembly convened, he said: "Personally I think the assembly should meet and then pass a vote of no confidence against him."
The MB also has a right to challenge the Sultan's orders for him to step down, he added."Right now there is a grey area as there is no vote of no confidence against the MB," Shad said.
The assembly has up to 60 days to be convened from the last meeting and the MB can wait to do so, he said.
"When the assembly convenes, and a vote of no confidence is passed, then at least the lack of confidence in the MB can be proved," he said.
Describing the current takeover of the state by Barisan Nasional (BN) as a backroom manoeuvre he said: "It is not tasteful."
"Things should be done in accordance with the law, democracy and the constitution," he added."Of course some people may argue and say that you can declare this loss of confidence towards the MB from outside the state assembly."
"So would you consider it valid if you make the declaration say from your yard, the supermarket or the park?" he asked.
Asked about the manner in which the take over was being carried out with the police and Federal Reserve Units (FRU) being called in to get the present executive councilors and their officers to vacate the state secretariat building, Shad described it as "sad and ugly".
"This is something that the law does not cover, the law does not cover everything," he said.
"This is an extraordinary situation," said Shad, stressing that he was in no way taking sides but commenting from a purely legal and personal point of view.

Protest and tear gas rock royal city

By Malaysiakini
Feb 6, 09 2:36pm
Federal Reserve Unit (FRU) fires several rounds of tear gas as more than 3,000 Pakatan Rakyat supporters converge for a protest march at the Ubudiah mosque - about 1km from Iskandariah Palace in Kuala Kangsar.
LIVE REPORTS

4.30pm: Police confirm earlier that nine people have been arrested. The majority of the crowd have dispersed.
4.01pm: Zambry is sworn in before Sultan Azlan Shah. About 1,000 people are still gathered near the mosque with the police keeping a close watch.
4.00pm: A man claiming to be a Perak PAS representative addresses some 1,000 protesters using a loud-hailer from a police truck.
He tells them that they have already 'conveyed their message to the world' and calls on them to disperse.
3.58pm: Swearing-in ceremony for new Perak MB Zambry Abdul Kadir begins.
3.50pm: There are about 1,000 protesters still in Ubudiah mosque. About 10 people have been arrested during the 40-minute fracas between the crowd and riot police.
The remaining crowd is expected to wait for the swearing-in ceremony at the Iskandariah palace (left). According to PAS state assemblyperson Khalilul Rahman Abdul Samad, the protesters may attempt to block the main road again.
Swearing-in ceremony yet to begin at the palace.
3.45pm: No protesters could be seen in front of the Iskandariah palace where the new Perak MB, Zambry Abdul Kadir, is about to be sworn in.
3.33pm: State PAS leaders arrive at the scene and urge Pakatan Rakyat supporters to calm down. Swearing-in ceremony for new MB about to begin.
3.25pm: The situation calms down at the Ubudiah mosque (right). Several people are seen crying and scolding the police for firing tear gas into the mosque compound.
3.20pm: Police have finally cleared the blockade by the crowd and all cars are able to proceed to Iskandariah palace.
3.19pm: A vehicle with a yellow (royal) registration plate is pelted with stones by angry supporters.
3.18pm: Tear gas still being fired into the mosque compound. Deputy Premier Najib Abdul Razak's car enters the palace.
3.11pm: A group of protesters are lying on the road to block the passing cars.3.10pm: FRU personnel manage to remove the bloackade and cars are passing through to the palace.3.08pm: Tear gas is fired at those blocking the road. The FRU are also arresting those blocking the road.3.06pm: About 300 people are blocking the road leading to the palace, stopping dignitaries and BN politicians from attending the swearing-in ceremony, which is to kick off at 3.30pm.
3.04pm: The crowd is dispersed. Some are trying to block the road leading to the palace.
3.01pm: FRU charges at the crowd. A handful are seen throwing stones at the police.
2.59pm: More tear gas fired into the mosque carpark.
2.58pm: Crowd retreats to the mosque.
2.50pm: Another round of tear gas fired. Crowd refuses to back down with some throwing rocks at the FRU personnel.
2.43pm: Police tells the crowd to disperse. First round of tear gas fired.
2.41pm: The crowd swells to about 3,000 with some carrying banners calling on the sultan to dissolve the state assembly. FRU personnel are moving into position.
Earlier report
Some 500 Pakatan Rakyat supporters broke through a police barricade outside the Ubudiah mosque in Kuala Kangsar - about 1km from the Iskandariah palace - during a protest march this afternoon.At precisely 2.22pm, the supporters, which included a large group of women, had gathered outside the mosque after Friday prayers.They had wanted to march from the mosque to the Iskandariah Palace where the swearing-in of the new Perak menteri besar, Zambry Abdul Kadir, is scheduled to take place at 3.30pm.At 2.26pm, the crowd breaches the police barricade, and at 2.28pm, the police retaliate by firing several rounds of tear gas.This forced the supporters to retreat back into the mosque.The police have deployed some 30 Federal Reserve Unit (FRU) and 20 uniformed personnel.At 2.40pm, the crowd regroups outside the mosque as police sirens are heard blaring in the background. It is learnt that several truckloads of FRU personnel are being deployed to the scene.
"犹如吴三桂般引清兵入关"林冠英斥许月凤成历史罪人
刘嘉铭 2月5日 中午12点53分
民主行动党秘书长林冠英表示,
许月凤可以有上千万种理由离开行动党,但不该背弃人民支持民联的意愿,否则将如吴三桂引清兵入关般,成为历史罪人而被后人遗弃。
身兼槟城首席部长的林冠英今早是在首长办公室,召开新闻发布会时表示,他对九洞州议员许月凤的退党感到痛心与失望。
背弃选民支持民联意愿
他要求许月凤三思而后行,就算不重新加入行动党,也不该背弃选民,支持国阵筹组政府。何况,民联在大选中获得54%的得票,除了证明多数选民的选择,所获得的委托地位也不容被质疑。
"如今,许月凤的做法不只关乎一个议席,而是一个州政权的垮台与否。"
"她扛着行动党的旗帜在竞选中以6000多数票胜出,不是代表个人。何况,人民明确表明要新政府上台执政,更百般不愿目睹国阵重新夺权。"
以历史为鉴免没好下场
他认为,退党及对党不忠是一回事,背弃选民却是一项永不被原谅的错误与罪恶。
"我们(行动党)给她这个家,她不要这个家,但可以弃儿不理吗?"
"她可因为任何原因退党及拥有本身的政治立场,背弃选民却是错误的做法。回顾历史,不管是圣经中的例子、勾结纳粹的挪威政客维德孔吉斯林(Vidkun Quisling),或引清兵入关的吴三桂都因变节遭遇不好下场。"
或如吴三桂遭后人遗弃
他更形容许月风的倒戈是在嘲弄人民的裁决,但他仍相信,后者并非想沦为吴三桂,但若坚决不改变立场,则必在历史上留下污名。
"吴三桂在历史上留下了不光彩的一页,有别于一些王族的后人,你不见有人站出来自认是吴三桂的后人。"
质问"变节"背后原故
"人民正在追求改变,你却逆民意转而支持国阵,犹如国难当头不救国之余,却引清兵入关,背弃老百姓。如果说,吴三桂当时是为了一名女人,我们倒可以问许月凤,你是为了什么?"
至于许氏是否因为不满倪氏兄弟而"出走",林冠英则认为,"那是霹雳州的内部党务,但她不曾表达过不满。就算感到愤愤不平,也不该背弃人民。"
重申支持拟定反跳槽法
无论如何,他表示没有会见许月凤的必要,只希望对方重新考虑及审视其作为人民代议士的责任。
针对国阵领袖不断以民联才是拉拢议员跳槽的始俑者,来为霹雳州变天辩护,林冠英重申,该党由始至终支持拟定反跳槽法,立场前后一致。

Constitutional scandal of two Perak MBs

By Mr. Lim Kit Siang
Abdullah should support dissolution and state elections
The Prime Minister, Datuk Seri Abdullah Ahmad Badawi is wrong when he said that Pakatan Rakyat must now accept a new government in Perak just as Barisan Nasional had accepted the results of last year’s general election.
The comparison is totally inappropriate. In fact, he should be the last person to make such a statement if he is serious about national integrity and morality in politics and public affairs which is one of his major promises and biggest failures of his premiership.
Abdullah cannot be unaware that there is a world of a difference between last year’s general election result and the current political crisis in Perak engineered by Umno leaders.
Last year’s general election results were the outcome of the exercise of the constitutional and democratic rights of the people of Perak to elect the government of their choice, while the present attempt to oust the legitimate Pakatan Rakyat government by UMNO and Barisan Nasional is a most unethical and opportunistic power-play frustrating the verdict of the voters in the March 8 general election last year.
If Abdullah is sincere and serious in wanting to eradicate political corruption and introduce ethical and principled politics, which he had repeatedly professed publicly, he should dissociate himself from the coup d’etat orchestrated by Deputy Prime Minister and the new Perak Umno leader Datuk Seri Najib Razak in the illegal and unconstitutional power grab in Perak through the defection of three and re-defection of one Perak state assembly person.
I call on Abdullah to support the dissolution of Perak State Assembly and the holding of state elections to resolve the political crisis in Perak and not to end his premiership with a constitutional scandal of two Mentri Besars in Perak.
Even if this is the only legacy of Abdullah in his five-year premiership, it will go a long way to strike a mortal blow at the bane of Malaysian politics – dishonest, unethical, immoral and money politics – and give meaning to the National Integrity Plan which he had launched with such fanfare five years ago but with so little results so far.
Although the Sultan of Perak has rejected the application of the Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin for a dissolution of the State Assembly, Nizar is still the legitimate Mentri Besar until he has been voted out by a “no confidence” motion in the Perak State Assembly.
Until such time, there is no vacancy in the post of Perak Mentri Besar.
Abdullah should advise Najib not to create a constitutional scandal of having two Mentri Besars in Perak and to fully respect the constitutional process and the people’s democratic right and mandate as expressed in last year’s general election – and the most democratic option is to return the mandate to the voters of Perak in a state-wide election to elect a new state government of their choice.

Ku Li: Not right way to take power

By Malaysiakini
Feb 5, 09 2:56pm
Umno veteran Tengku Razaleigh Hamzah has warned party leaders that gaining the Perak state government without resorting to elections would result in enmity of the Perak voters come the next general election.
MCPXRazaleigh, who is also Gua Musang MP, said Umno and BN should try and win the hearts of the people and not gain the government by dubious means."If the Ruler decides not to accede to the MB's request for the dissolution of Parliament, and BN is invited to form a state government on the basis of these dubious crossovers, I think it would anger a large section of the Malaysian public," said the Kelantan prince in his blog."Our taking control without resorting to elections would cement the enmity of the very people we should be trying to win back at the next election. Come the next general election, they are likely to reject both our state and parliamentary candidates with greater vehemence, and not just in Perak."Calling the BN celebration as "premature", Razaleigh said the constitution states the role of the Ruler in crisis must be respected.He said the Sultan of Perak is sworn to uphold and protect this constitutional process and the Ruler's powers and those of the legislative assembly act as checks and balances on each other to prevent abuse of power."Defections are not the basis for the formation of a government. Elections are.""Governments are formed after citizens have expressed their choice through free and fair elections. Our constitution specifies a formal process for the formation of a government," said the Gua Musang MP.Yesterday, Deputy Prime Minister Najib Abdul Razak, who is the newly-appointed Perak BN chief, called on Menteri Besar Mohd Nizar Jamaluddin and the Pakatan Rakyat-led government to step down.Umno in critical conditionThis follows three assemblypersons, Jamaluddin Mohd Radzi (PKR-Behrang), Osman Jailu (PKR-Changkat Jering) and Hee Yit Foong (DAP-Jelapang), declaring they are independent BN-friendly representatives. Nasaruddin Jamaludin who left Umno last week to join PKR has now rejoined Umno after 10 days.Razaleigh said there is also ethical and political issues which has to be resolved.Describing Umno as in critical condition, he said its biggest challenge both as a party and as the governing party is to tackle corruption at every level."We are under close public scrutinity in addressing this problem. Unless we implement radical reforms and are seen to be doing so, we are finished politically come next election," he said.The Kelantan prince questioned the calibre of the four elected representatives for the switch especially the two former PKR representatives who are charged with corruption."It is precisely this kind of open abuse of the public's trust for the sake of personal gain that causes people to hate Umno.""The circumstances of these defections, complete with mysterious dissapearances, sudden reversals, and weak explanations show ample signs of illegal inducement."Razaleigh said no matter what the truth of the matter is, let us not fool ourselves."People will not believe these crossovers were honest. This mistrust will taint any government formed on the back of these crossovers. Elections are the sole source of the government's authority in a democratic society and in the end we shall have to face elections," he said.

Tuesday, February 3, 2009

Hard for PKR Duo to Contest Resignations

post info
By Anwar Ibrahim

From The NutgraphBy Deborah Loh
PETALING JAYA, 2 Feb 2009: It will be hard for the two former Parti Keadilan Rakyat (PKR) assemblypersons in Perak to challenge their own pre-signed, undated resignation letters, a constitutional lawyer said today.
Jamaluddin Mat Radzi, the assemblyperson for Behrang, and Mohd Osman Mohd Jailu, the assemblyperson for Changkat Jering, can deny having sent the letters all they want, but the law’s view is that they have given prior consent to the terms contained in the letter, senior lawyer Tommy Thomas told The Nut Graph.
“The law begins from the premise that as an adult, once you sign a document, even if it is undated, and you leave it in another person’s care, you have signified your consent. The law assumes you had the right to say no when asked to sign it,” Thomas said in a phone interview today.
“Pre-signed resignation letters are a common practice by political parties all over the world and have been used many times before. Even if the [assemblypersons] now deny quitting, the fact is they signed that letter.
“If they try to challenge it, the law will say, who asked you to sign it in the first place? It will also be difficult for politicians to prove that they signed it under duress,” Thomas said.
Thomas was asked to comment on the legality of the pre-signed resignation letters sent to the Perak state assembly speaker V Sivakumar yesterday.
Later the same day, Jamaluddin and Mohd Osman denied having sent the letters to Sivakumar, adding that they were not vacating their seats. Both are holding press conferences today to state their position.
Jamaluddin was the state executive councillor for the development, cooperatives, agriculture and trade committee. Mohd Osman was in charge of the tourism, human development and non-governmental organisations committee.
Both men were charged on 25 Aug 2008 for accepting bribes in relation to developing a piece of land in Seri Iskandar.
Their letters were faxed to Sivakumar after they were incommunicado for five days. PKR and state government officials said attempts to contact the duo were futile.
PKR “knew” of defection
PKR deputy president Dr Syed Husin Ali confirmed that all party representatives had signed such letters before the March 2008 general election.
“The letters state that they would resign and vacate their seat if they leave the party. But I don’t know who sent the letters to the Perak speaker. Jamaluddin’s and Mohd Osman’s letters are kept with the state party leadership,” Syed Husin said in a phone interview.
He said the PKR leadership “knew” that the two men had left the party because they did not respond to attempts to reach them, and based on statements by the Umno leadership that there were Pakatan Rakyat representatives ready to cross over.
“We did try to get their side of the story. I rang them up personally, so did (Datuk Seri) Anwar Ibrahim, so did the Perak Menteri Besar and the state party chief, but they didn’t respond. Then, we knew things were going that way (that they were leaving) because of the things Umno was saying.
“If they want to fight it out in court, they can. We are ready to face a by-election,” Syed Husin said.
He also alleged that Umno had “coerced” Jamaluddin and Mohd Osman to leave PKR by promising that their corruption charges would be dropped

How I Survived Gaza

by Golani Brigade Soldier


Eleven days ago today, Israel terminated an operation after having reached a state of cease-fire with a cowardly and murderous foe. We pulled out of Gaza. I pulled out of Gaza.
We were first called up on a Shabbat, right at the end of ten months of regular training and an extra two months of specialized training with the whole brigade in the Golan Heights. We were told that Israel was preparing for a possible conflict with Gaza. We were allowed to stay in phone contact at the beginning, and we listened for news from our families, always better informed than the army. We heard the bombs falling near the Strip, and readied our gear. And we waited. And waited. Every day another rumor came in.
“We’re going today”
“We’re going today”
We waited a week.
We were sent the following Shabbat.
The first time we came back out, after twenty four hours, our unit was under the impression that all the other units would be coming out as well. A little R & R, and then back in. But only our soldiers arrived at the base. The others were in till the very end.
The next two weeks we were deployed over and over again into neighborhoods whose names are ingrained as if from childhood memory, and we were told to ready ourselves for the final operational steps the army was preparing.
Thank God, for us, those steps never came. After fighting through less densely packed urban neighborhoods and villages, as an army, we never had to enter the tightly packed urban nightmares of the inner cities.
“The world is already trying to fault Israel, telling everyone that civilians died, and Israelis murdered. But I was there. I saw the twelve year olds with missiles and RPGs strapped to their backs. We watched in anger as our bombs, so as not to fall on large civilian centers, fell on our own troops.”A cease-fire was signed, and we pulled out with hatches open on our vehicles, waving flags and flashing the peace symbol even though no one was there to photograph it. After all, we were one of hundreds of squads returning. There was no way to record every tank and APC that came home. But it was cathartic, and made it official.
I saw many things. I heard things. While I was in Gaza.
I saw soldiers who were virulently anti-religious don tzitit under their bullet-proof armor. As one soldier said, “Why do I put it on now, if I never wore it before? When do you ask your father for help? When you need it.”
I saw heroes. Boys just out of high-school, young men who should have been playing sports or starting families or going to college, loading weapons and placing armor on their fragile frames, securing helmets, and checking gear.
They suppressed the fear that lurked at the edges of their minds, and as a unit swept across the fence and planted unwavering lines of boots in the soil of Gaza. I watched them fight like grown men against evil.
The first night we went in, we were unable to wear bullet-proof armor in my unit, and had to settle for flak vests (we couldn’t wear armor when we first went in because, due to the weight we were carrying, it would have hampered our movements, creating a safety hazard). My young commander, who had an easy load to carry that wouldn’t interfere with his vest, still left without bulletproof armor. “If my men don’t, I don’t”. I told him the next day, I would have followed him through the entire Arab world if need be, my respect for him was so great. I saw my brave wife, Chana, who came down to volunteer, just to be close to me, braving rockets and missiles, and watched her help soldiers by handing out desperately needed winter gear and food. I watched Chabadniks who came to us every day and inspired the soldiers with song and mitzvot. I saw heroes praying for our safety, and feeding us, and caring for us.
I saw pain. Just today, I ran into yet another friend from another unit, who tells me, when asked how he is, “I am fine from the neck down.” Sixteen of his friends were injured in a blast on the first night. He lost many more before the end. He is still sweet, still charming, but his laugh is more weary, and his eyes are sadder. Another friend in a different unit lost two-thirds of his whole platoon when a bomb destroyed their house. He says he walked in, and he saw limbs moving or laying still, and bodies unattached to them, hurting, dead. He still hasn’t pulled back completely. A former commander of mine died, and a friend lost his arm and use of his legs, and is still in a coma.
I saw lies. The world is already trying to fault Israel, telling everyone that civilians died, and Israelis murdered. But I was there. My feet were on the ground and I saw the truth. I saw that warnings were given, I saw the enemy that fought us. I saw the twelve year olds with missiles and RPGs strapped to their backs. I saw that it was with sadness and great anger Israeli troops recognized the need to fire on people who crossed the red line, the danger zone which meant they saw us, and knew where we were. Old people mined with bombs, children armed with detonators, tunnels that opened in the ground to swallow our soldiers. I watched my commanders passing out all of our food to the children who were taken prisoner. I received the commands “closed to fire on the right” if our intelligence had reported civilians in the area. I watched us, more often then not, taking cover when supposed civilian positions fired on us from “the right”. Yet the world thinks it can bend the truth. We werenot allowed to fire on schools. We were told not to loot. We watched in anger as our bombs, so as not to fall on large civilian centers, fell on our own troops, so that we could tell the world we were attempting to scare the enemy while limiting civilian losses.
Yet they won’t say that in the press.
You are the reason we returned. You are the reason I am alive.
I saw cowardice. We listened with concern when Hamas threatened to use snipers and bombs on us, to fight us every step of the way with their fifteen thousand man army, and we watched videos of full brigades parading, waving their weapons and threatening Israel. But as we invaded, they fled.
They would attack in small groups, hit us with missiles and sniper fire, and then flee. The ‘warriors’ of Hamas were brave when their rockets fell unanswered on the schools of children and the homes of elderly, but they did not stand when the enemy called them up to answer for their crimes.
I saw miracles. Rockets that blazed past our houses, bullets that scarred the outside of windows we were watching from. A unit near ours that was walking in to Gaza had RPGs pass straight between their ranks without hitting a single soldier. Mines that didn’t explode, mortar rounds that landed next to friends that didn’t explode. RPGs that blazed into the earthen barrier directly in front of our APC, detonating before penetration.
The night walk through a neighborhood that wasn’t on the map, that was full of snipers and mines according to reports, that we walked through unawares, by accident, without harm or incident. And that was just what we knew.
I felt fear. Every time I entered, every time I squeezed the trigger, every time a missile landed nearby, I was struck with fear. It is a deep fear, hard to explain. Your body shivers as if you are frozen to the core. You find yourself staring at the ground, trying to adjust to the ringing in your ears. You freeze, and unless someone slaps you, or you manage to shake yourself, your eyes stay downcast, and you lay numb on the earth, waiting without realizing. Eventually, your training pulls you out and forces you to stay alert, your gun snaps up, and adrenaline masks the fear and hurt. You roll on seemingly fearless, with adrenaline telling you that you are invincible.
I have felt weakness. I have felt my supposedly mighty muscles shudder, felt my devastatingly powerful weapon shake in my hands, felt my heart hammer against my armor, felt my soul and mind search for some way to avoid pain and the nightmares that were becoming real.
I felt strength. I would have been lost, but for the words of my Rebbe. “Ein od Milvado” There is no one but Him. The mere utterance strengthened limbs, and a surge of faith and hope carried me through the invasion, through the detonations and whistling of ricocheting rounds and falling bombs. For I knew, for once KNEW and understood absolutely that I was in the hands of the greatest general on earth. A veteran of every war and every conflict, the ultimate warrior and defender of His people. I remember the joy that swept through the lines when they said the head commander was entering the field, because of his experience and strategies, everyone felt safer. It reminded me that an even greater Commander had been there all along. I understood the words of Tehilim 147, “Not in the strength of the horse does He desire, and not in the legs of man does He favor. God favors those who fear Him, those who hope for His kindness.” My strength had failed me, yet when I begged God to allow me tobe a conduit for His strength, to be His shield and a sword for His people, I was able to stand and fight. Those nights, my body was there, but God fought on that field.
I am not free of sin, and was by no means worthy of the miracles that befell me. That God aided me; that my entire battalion walked out, against all odds, while every other unit suffered losses, without serious casualty or mental scarring, was a miracle beyond any. That I was able to feel His strength replace mine, a gift for which I was undeserving.
My strength lay in the thousands of people who prayed for me, who prayed for the wellbeing of the army, who cried for the return of the fragile and precious Jewish youth who fought like lions where men twice their age would have fled. You are the reason we returned. You are the reason I am alive.
You, the people who pray and cry and feel you are not the front lines, are truly the army of Hashem. The IDF, as people should see, is merely the physical arm of what your prayers accomplish. You are the ones in the battle. We are the holding action, delaying the physical evil while you battle to clear the path for Moshiach. Never again will I feel a yeshiva student who learns all day is not brave for not being with us on this field.
Because I watched the words and letters that he learned and prayed march ahead of us, thousands deep, and millions strong, absorbing the bullets and metal meant for me. I thank you, humbly, warriors of my heart and faith. You let me come home to my wife.
During this war, we received a tremendous outpouring of love and support; letters, donations, food, and clothing. In specific, because I know them, although without diminishing the greatness of all the people I don’t know, I want to thank my mother and her tireless blogging efforts, my family for their support and letters, my wife for being brave beyond any woman or man I have ever known.
I want to thank Congregation Tiferes Yisroel for remembering an old neighborhood kid, and multiplying that to help all my brothers in uniform. I want to thank all of the community in Baltimore for the davening and love that we felt even in the heart of darkness.
I want to thank the little six-year old who wrote, “Dear IDF, I am proud of you.” I cried over that letter, my tears running through the pain and stress as we recovered from Gaza.
I want to thank the people who donated money for the vests that saved our lives, the people that gave us clothes to warm our bodies, candy to warm our hearts, and letters to warm our souls. You cannot know what one pair of socks, one chocolate bar, or one hastily written sentence can do to save the minds and hearts of your children from despair.
I am not as gifted with words as my mother, nor a hero as great as those who marched beside me or filled the air with prayer around me, but I hope from this letter, from my fumbling thoughts you can draw for yourself the love and hope I am trying to convey.
I have seen this people, my people, at its best and at its worst. I can see why Redemption will come soon. As a nation, we drew together. Disunity, differences in Kippot or sects fell away, and everyone reached out to help as best they could. No one said, “I have no part” or “This isn’t my war”.
May Hashem see the greatness of His holy, beautiful people, and allow me to sing that old song to my child, with absolute truth and great joy: “I promise, my little one, that this is the last war.”
Joshua Eastman made aliyah from Baltimore in 2005. He met his wife, Chana, on a trip back to Baltimore; and the two of them live in Givat Ze’ev. Joshua is currently a full-time soldier in the Golani Brigade of the Israel Defense Forces. When he can get near a computer, he blogs about his life in Israel at “Through Josh-Colored Glasses,”