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©The Sun (Used by permission)
by Brendan Navin Siva

THE Universal Declaration of Human Rights was adopted in 1948 by the General Assembly of the United Nations. It represents the core human rights values that all human beings are entitled to, regardless of nationality, race or culture. It is one of the most important documents and is the most translated document in the world, being available in more than 335 languages.

Born in 1957 on the day of our independence, the Federal Constitution contains provisions that echo the most fundamental of rights as set out in the Universal Declaration – the right to life and liberty, equality before the law and equal protection of the law, freedom of movement, freedom of speech, assembly and association, freedom of religion, the right to education and possession of property.

So it is not wrong to say that Malaysia started off on the most solid of foundations. And with a distinct opportunity to grow and develop together to give meaning to those rights enshrined in the Constitution.

That, however, has not been the case in the last 50 years. Gradually and subtly, the limited exceptions provided in the Constitution have been enlarged, causing a suspension or erosion of some of the most basic fundamental liberties.

Erosion of rights

Slowly but surely, provisions allowing for the limited suspension of rights during times of emergency have become permanent features of the Malaysian landscape. The four proclamations of Emergency in 1964, 1966, 1969 and 1977, the Internal Security Act 1960 and the Emergency (Public Order and Prevention of Crime) Ordinance 1969 were all enacted for limited purposes but continue to be in force today. And in the case of the ISA and the Emergency Ordinance, they continue to be very actively used tools despite there being no Malaysian who could argue that we still live in a state of emergency. All these are justified ironically by our need to
preserve harmony and stability among the people of Malaysia.

The Sedition Act 1948, the Printing Presses and Publications Act 1984 and the Police Act 1976 all contain provisions that curtail the freedom of expression and the freedom of assembly of Malaysians. Again justified by our need to preserve harmony and to avoid conflict. The unwillingness of the Judiciary to breathe life into the constitutional provisions has also been a feature of the last 50 years. With a few limited exceptions, the last five decades have witnessed a Malaysian judiciary all too keen to trust the virtues of government, with an outlook of almost slavish deference to the government of the day, at the expense of preserving the integrity and rights of individual Malaysian citizens.

International treaties not ratified

In terms of international human rights treaties, Malaysia has yet to ratify the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, the International Convention on the Elimination of All Forms of Racial Discrimination or subscribing to the Rome Statute of the International Criminal Court, to name just a few.

In the private sphere, the rights of women and children, the rights of employees, the rights of the indigenous communities and the rights of foreign/migrant workers continue to suffer from a lack of legislative protection or from the lack of enforcement or correct interpretation of existing laws.

Core human rights principles are universal and deal with rights that every individual deserves, regardless of their nationality, race or culture. These are important principles to aspire to because they are designed to protect all Malaysians. By doing so, they guarantee the protection of the less able, the weak, the underprivileged and the disadvantaged from cruel, inhuman, unfair and unjust treatment and discriminatory practices. The increased awareness of and compliance with human rights obligations are also key to real and sustained economic development in Malaysia.

Growing awareness

Despite its unimpressive track record in human rights, Malaysia in the last few years has seen a growing awareness among her citizens. The push for a clearer understanding of human rights issues and to introduce mechanisms to improve the human rights situation in Malaysia is gaining momentum.

The Human Rights Commission of Malaysia (Suhakam) was formed in 1999 to protect and promote human rights in Malaysia. In furtherance of its functions and powers, the Human Rights Commission of Malaysia Act 1999 expressly provides that regard must be had to the principles espoused in the Universal Declaration. It has had limited success so far but there are calls for its work to be strengthened and powers enhanced.

Malaysia has also ratified the Convention on the Elimination of All Forms of Discrimination Against Women (Cedaw) and the Convention on the Rights of the Child (CRC) (albeit with worrying reservations to some of the provisions).

Further, the months leading up to and the results of the March 8 general election show a greater level of public awareness of the importance of human rights in Malaysia. Malaysians voted for candidates who stood on platforms of reform and repeal of repressive and outdated laws and those who promised a stronger emphasis on protection of the rights of the people.

Positive initiatives

Although there have been very few government initiatives to implement and give force to human rights principles, the Malaysian government does appear to be responding positively.

Just recently, Deputy Prime Minister Datuk Seri Najib Razak called for greater understanding of regional and international human rights principles among government officials, thereby affirming the importance and relevance of human rights principles and laws. This is clearly a step forward. As is the appointment of Datuk Zaid Ibrahim as Minister in the Prime Minister’s Department. Zaid is a firm believer in improving the human rights record of Malaysia and is in the forefront of government measures aimed at improving and strengthening the judiciary, reviewing repressive laws and allowing for greater press freedom.

But these are still limited and ad hoc developments without a clear, systematic and dedicated approach.

Real action is needed. Independence is about possessing the strength of character and conviction to do what is fair and just. Independence is about every one of us doing our part to improve ourselves and the society we live in. All the strides forward will count for nothing if the Malaysian people do not grasp this opportunity to push for and support measures to change the present system into one that truly embodies the protection and affirmation of human rights for all citizens.

Brendan Navin Siva is a member of the Human Rights Committee, Bar Council Malaysia. For more information, see www.malaysianbar.org.my/hrc. Complaints of rights violations may be forwarded to oysim@malaysianbar.org.my for consideration of the Committee. However, we make no assurance that all cases will adopted for action. Comments: letters@thesundaily.com

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