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by the Bar Council Human Rights Committee

THE Bar Council Human Rights Committee is made up of a diverse group of individuals, all working to advance many different human rights causes and issues in Malaysia. At the end of what has been a long and eventful year, and as we reflect on our efforts, we took some time to look forward. What follows is an outline of what we wish to see in 2008. I wish that 2008 will be the year when the Malaysian public start to care more about real issues affecting the people of this country. That we, the people, come to realise that we can all do more to help one another. That we should be spending time building strong bonds and ties with one another, instead of building walls and barriers to distance ourselves from each other.

“I wish Malaysians will also appreciate that not all problems are the fault of the Government and that not all solutions lie in Government assistance or intervention. Malaysians must take more responsibility to educate themselves and their children to be better citizens and better people.” Brendan Navin Siva

“After 50 years of independence and with the forthcoming election, I wish 2008 will be the year when Malaysians, the government and the people alike, take bold and unprecedented initiatives towards bringing people together from various backgrounds and creeds to spearhead the fight against exclusion, precariousness and intolerance. I wish 2008 will be the year that proves how determined we are to dispel prejudices and to turn our various cultures and religions into a set of universal values shared by all. And to this end, I wish 2008 will be the year when human rights be upheld, legally, and most important of all, conscientiously.” Noor Arianti Osman

“I wish that every time Malaysians feel anger, fear, prejudice, envy, self-centredness and hatred, they use it as a ‘red-stop’ sign and go on to ask themselves where its root lies. Even if that root is real and reasonable, I wish that they choose to respond with love. If they are afraid to, then do it afraid.” Renuka T. Balasubramaniam

“I wish that we can all treat each other with respect. Sometimes, people think that tolerance is enough but it is not. It is only in respecting others, that we can accord them their full human rights. We must not regard any person’s rights to be above another. The well being of a group as a whole, be it the family, community or nation, must not be achieved by denying the rights of its individual members.” Zarizana Abdul Aziz

“It is my hope that when Malaysians hear the racist call to shed the blood of this group or the other, or the claims that one group is superior over others, or has more rights, they will ask: Are we not all human? Why this discrimination? Different colour? Different culture? Different religion? Some were here before others and therefore are more superior? The larger in number, therefore the mightier? Please, please stop saying these things. These are my people. Yes, all of them. No, not just my clan. All of them. They are my brothers and my sisters. Why would you want to hurt them? How can I just watch as you deny their children what my children have? I love their children as I love my own. Ignore their hunger because they are not of my race, of my faith? What God would have me do that? Not my God. No, I will not let you hurt them. They are my people. I love my people. Yes, all of them. Yes, even you.” Haris Fathillah Sam Sathiasingam Bin Mohd Ibrahim

“My wish for 2008 would be for ALL women of the world to be accepted as equal human beings instead of being regarded as inferior to men. There are still many places and occasions where the basic equal rights of women are still inaccessible, be it in the home, the workplace, the courts or in society. I pray that ALL women will wake up and be enlightened to realise the wrongs done upon them by men. Perhaps men were born with an instinct to claim power that sometimes they forget about the wombs which carried them.” Nik Elin Nik A. Rashid

“As a member of the United Nations Human Rights Council, it is hoped that Malaysia will immediately ratify important international human rights treaties including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention Relating to the Status of Refugees and the International Convention on the Elimination of All Forms of Racial Discrimination. This first and important step will send a strong message of commitment to all Malaysians that the Government is dedicated to improving its human rights record, and the lives of our citizens. It will also be useful, in part, to dispel allegations of hypocrisy on the part of the Government levelled by right-thinking members of society.” Edmund Bon Tai Soon

“I wish that the Government would do more for the people in 2008, and that the promised crackdown on corruption by our Prime Minister will be intensified with further measures implemented to ensure that corruption is addressed comprehensively. I wish that all incidents of corruption in the past years are investigated and the wrongdoers brought to justice. I also wish that our Members of Parliament are held accountable for their actions and statements, and that they display a higher level of leadership and character. And finally, I truly wish that the Government will repeal the ISA and replace it with true respect and regard for the rule of law.” Richard Wee Thiam Seng

“I wish for an end to the legal state of emergency that we live in. Both Houses of Parliament should pass a resolution ending the four different Proclamations of Emergency that still subsist in Malaysia. We live in a peaceful country. We do not live in a country torn by strife which is in a state of emergency. Stop the legal fiction.” Shanmuga Kanesalingam

“I wish the Malaysian Government would bring before Parliament a bill that comprehensively reflects the recommendations of the Royal Commission with respect to a truly effective Independent Police Complaints and Misconduct Commission. This will provide Malaysians with the confidence they need to have in knowing that no misbehaviour by any member of the police force will be left unaddressed. A police force that is accountable to the rakyat for its actions is the best safeguard against indiscipline, misconduct and corruption. I also wish that the Government would adopt the recommendations of Suhakam with respect to the right of Malaysian citizens to peacefully assemble without the need for a permit, and to remove the permit requirement currently provided for under section 27 of the Police Act. As we attempt to mature as a democracy, organisers of such assemblies should be allowed to work with the police in order to ensure a proper balance between the fundamental freedoms of citizens and concerns about public safety. The Government should also join the many other countries which have ratified the Rome Statute and become a member of the International Criminal Court. This will enable us to have a say in the development of international criminal law and ensure that those who commit crimes of aggression, crimes against humanity and genocide will not escape justice.” Andrew Khoo Chin Hock

“I wish human rights be made a single compulsory subject in all schools in 2008. Human rights is about human beings being humane to one another, in spite of their differences. To what extent we realise and practise it is the real issue. And what is the use of being formidable in other fields of endeavour if human beings are not humane to one another? The need to understand our basic human rights is therefore all the more important, and education is a very important medium in this regard. Dissemination of human rights knowledge will mean greater awareness among the populace until a tipping-point is reached where a ‘culture’ of rights is ingrained. Only then we can begin to hope for an image of humanity living in goodwill and sincerity.” Roger Chan Weng Keng

“I wish that the relevant authorities do not deprive the under-privileged citizens of Malaysia from their homes built over land toiled by their ancestors or generations before them for the sake of development without providing feasible options. The development of the nation should not be at the expense of forcing people to the streets. As much as we strive to compete with the first world, we should set ourselves apart by maintaining a compassionate exercise of discretion towards the less
fortunate.” Sonia Anirudhan

“In the late 1980s, we as a nation, stood by, muted and motionless as an attack was mounted on democracy and judicial independence. Words like ‘Operasi Lalang’and ‘judicial crisis’ are a stark reminder of those dark times, the consequences of which affect us even today. Quite remarkably, we now have an opportunity to right the wrongs of the past and to vindicate the individuals who stood alone for principles like democracy, freedom of speech, judicial independence and rule of law. My wish for 2008 is that Malaysians will no longer be swayed by empty promises of prosperity and stability and will instead strive for an equitable, just and truly democratic society. My wish is that elections in this country be free and fair and that the Malaysian judiciary be free of allegations of corruption and external interference.” Sunil Lopez

The Wish List above reveals certain core elements of the rights struggle. Firstly, the language of rights is continually used as an expression of the dignity and worth of the human person. Secondly, human rights (whether categorised as civil and political or economic, social and cultural) are universal, indivisible, inter-dependent and interrelated. Thirdly, no distinction or discrimination based on irrelevant factors such as gender, ethnicity or religion ought to be practised or sanctioned in any country. Finally, the oft-quoted ‘Asian culture’ shield used by governments in defence of rights violations is no longer a credible argument.

For more information, see www.malaysianbar.org.my/hrc. Complaints of rights violations may be forwarded to rezib@malaysianbar.org.my for consideration of the Committee. However, we make no assurance that all cases will adopted for action.

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