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Human Rights & The Law: For the sake of argument 30 Oct 2008 12:00 am

©The Sun (Used by permission)
by Seira Sacha Abu Bakar

WHAT is a “debate”? Wikipedia says (http://en.wikipedia.org/wiki/Debate) that it “is a formal method of interactive and position representational argument”. That still does not say very much.

But how does a debate look like? See the US presidential debates between Senator Barack Obama and Senator John McCain, and closer to home, we witnessed Information Minister Datuk Ahmad Shabery Cheek go head–to–head with Opposition Leader Datuk Seri Anwar Ibrahim on television.

Why debate?

Why not host a forum or discussion instead? Well, it is more fun to debate, firstly. Participants aim to win, rather than stick to the “agree to disagree” notion we usually see in a forum. There are rules enabling debaters to put forward their arguments within a framework defining how they are to interact. You lose points when you do not make the arguments properly, or throw water at your opponents!

Debating also makes the debater a “better” person – when you cannot agree on a certain issue with the other, arguing a point logically and coherently makes one stronger pursuant to the strength of one’s argument. One has to shape the argument by sticking to the points and standing by them. Not very different from what litigators do in court every day.

And even if one does not believe in the argument, one has to make it and defend it. Again, lawyers are used to this!

Debating human rights issues is probably quite novel for Malaysians. But the 30 articles of the Universal Declaration of Human Rights (UDHR) have been hotly contested for some 60 years now. It is after all the 60th anniversary of the UDHR.

The unique Human Rights Debate tournament the Bar Council is hosting this year is themed “UDHR @ 60 and still not all is right”. It seeks to, among others, refine our arguments on human rights – how has the UDHR benefi ted humankind, do we still need it, is it time for a new “rights order”, what does the future hold for the UDHR, and has the UDHR caused the world more misery?

Speaking for myself, the principles of the UDHR have survived and more importantly, on many occasions, “defeated” apartheid, racism and even the most powerful military force in the world – the United States.

What are some of the topics of the Debate?

We cannot reveal the topics now. But let me give some hints. Let us take the topic of “cultural relativism” – the concept that an individual’s belief and activities should be understood in terms of her/his own culture. This view holds that one’s religious, ethical, aesthetic and political beliefs are completely relative to one’s culture, identity and place of birth/domicile. Others disagree.

I had the opportunity of witnessing such a debate on the issue among members of the Human Rights Committee recently, and was thoroughly impressed with the arguments which were put forward passionately in a civilised manner.

The right to abortion. There are pro–choice and pro–life supporters in our midst. What should we do about this issue? Why do people support abortion, and why do others oppose it? What are the reasons? (Incidentally, I just found out that abortion under certain circumstances is legal in Malaysia. See sections 312 and 315 of the Penal Code.)

How will the Debate be run? The Debate will run based on the “British Parliamentary Debating Format” where there would be four positions on a particular debate topic – the opening government, closing government, opening opposition and closing opposition. Each position will be represented by a team of two members. As such, there will be eight debaters for each debate topic.

Each speaker is allocated seven minutes to present her/his arguments, and a “Point of Information” is allowed to be given after the first and sixth minute of each speaker’s argument. There will be five preliminary rounds as well as breaking rounds of quarter–finals, semi–finals and the final.

Why participate in this Debate?

Because you can and want to! With so many issues we face today, it is truly apt that a safe space is badly needed in our country to allow dissenting voices and differing opinions.

I present to you the Bar Council Human Rights Committee’s Inaugural Human Rights Debate tournament 2008 to be held on Dec 9–12 at the Bar Council and KDU College, Petaling Jaya.

The brainchild of Khaizan Sharizad (aka Sherrie), the Bar Council Human Rights Committee will play host to this unique tournament which has attracted and will attract renowned debaters from around the world. Already, we have many debaters expressing interest.

Our panel of adjudicators includes international–class debaters such as Mohd Faisal Moideen (National champion and lawyer from Malaysia), Neill Harvey Smith (Worlds Council Debating Chairperson and Worlds finalist from Oxford), Sharmilla Parmanand (Australasian finalist and Asian champion from Ateneo de Manila) and Adiba Shareen (Asian champion and Worlds Council Registrar from Malaysia).

Alternatively, if you wish to engage with the audience and speak your mind freely, but you are too shy to do it formally in the Debate, we will have a “Speakers’ Corner” in a form of a Public Speaking Competition where non–debaters will be able to speak up.

Seira Sacha Abu Bakar is a member of the Human Rights Committee, Bar Council Malaysia. For more information, see www.malaysianbar.org.my/hrc. The views expressed in this article are personal to the writer and may not necessarily represent the position of the Bar. Complaints of rights violations may be forwarded to [email protected] for the consideration of the Committee. However, we make no assurance that all cases will adopted for action.


How you can take part

THOSE who want to participate in the debate or contribute as a sponsor, email [email protected] or call Khaizan Sharizad at 019–695 8939 or Chin Oy Sim at 03–2031 6367. The deadline is Nov 10. Details regarding the applicable fees and methods of payment are:

I. Debate Tournament For participants

» RM250 per person (for debater)
» RM250 per person (for adjudicator)
» RM250 per person (for officer/observer)
• (Fee includes food and hotel accommodation)
• Every team must have two debaters and one adjudicator.

For ‘Stay At Home’ participants » RM180 per person (for debater) » RM180 per person (for adjudicator) » RM180 per person (for officer/observer)
• (Fee includes food)
• Every team must have two debaters and one adjudicator.

II. Public Speaking Competition » RM50 per person (fee includes food) » Payment procedure (1) Send fee(s) via wire transfer/direct deposit by Nov 10 to the following bank account:

• Account Name: Bar Council
• Account No: 301–022166–001
• Bank: HSBC, No 2, Leboh Ampang, 50050 Kuala Lumpur, Malaysia
• Swift Code: HBMBMYKL

After transferring or sending your fee, email [email protected], and tell us your name, law firm/institution/organisation (if any), and the amount of money you transferred/sent. Alternatively, send cheque(s) made in favour of the “Bar Council”.

For more information on the tournament, please visit our blog at www.hrdebate08.wordpress.com.

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