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Suhakam: Defamation and criticism on religion not acceptable PDF Print E-mail
Saturday, 02 August 2008 08:29am

atuk Muhammad Shafee Abdullah©The Star (Used by permission)
by Florence A. Samy and Nurbaiti Hamdan

Call on NGOs to meet over human rights issues
Firms must protect rights, says jurist

KUALA LUMPUR: Freedom of expression does not mean an individual can defame or criticise religious practices of another person.

Human Rights Commission of Malaysia (Suhakam) commissioner Datuk Muhammad Shafee Abdullah said many rights of an individual could be limited if Article 29(2) of the Universal Declaration of Human Rights (UDHR) was considered.

He said the article set out in general terms the permissible limitations of individual rights and freedoms.

“Freedom of speech does not include the right to defame others nor does freedom of religion allow you to criticise the religious practices of others,” he said on Thursday after the conclusion of the 13th Asia Pacific Forum on National Human Rights Institutions.

Muhammad Shafee said one must look at UDHR in a “revolutionary manner.”

“Article 29 is a starting point. Many rights can be limited. Freedom of expression can be limited,” he said.

He said the UDHR – proclaimed in 1948 – had evolved to restrict freedom of speech by law on grounds of morality, public order and general welfare in a democratic society.

The forum also concluded that any permissible limitations on fundamental rights and freedoms should be scrutinised in accordance with the accepted international norms.

Suhakam chairman Tan Sri Abu Talib Othman said Article 29(2) was drafted for a purpose.

He said individual rights must be balanced with that of the community because freedom of speech should go with responsibility.

In its concluding statement, the APF said it had discussed the establishment of an Asean regional human rights mechanism and welcomed the progress of the national human rights institutions of Malaysia, Indonesia, Philippines and Thailand.

It called for the setting of a regional standard on human rights of migrants in irregular situations and migrant domestic workers.

Suhakam was unanimously elected as chairperson of APF to be held next year in Jordan.


Call on NGOs to meet over human rights issues

KUALA LUMPUR: Non-governmental organisations (NGOs) involved in human rights should attend the first national consultation by NGOs to discuss issues to be highlighted in Malaysia's Universal Periodic Review (UPR) by the United Nations Human Rights Council.

“We would like to assess the state of human rights in Malaysia with the NGOs and prepare a report,” Dignity International adviser Jerald Joseph told a press conference here.

He said the meeting on Aug 15 would enable the NGOs to ascertain the extent to which the people had been affected by: the Government's commitments and pledges to the Human Rights Council; the Convention on the Elimination of All Forms of Discrimination Against Women and the Convention on the Rights of The Child; the reports of UN Special Rapporteurs And Representatives on Malaysia; and the Millennium Development Goals.

Joseph said the consultation in Petaling Jaya would explain to participants about the UPR process.

For details, call John Liu of Suaram at 03-77843525/03-77835724 or email at yn_tynn@yahoo.com


Firms must protect rights, says jurist

KUALA LUMPUR: Corporate accountability and social responsibility goes beyond philanthropy work and must include the protection of human rights.

While recognising the need for charity work, Asia-Pacific Forum's Advisory Council of Jurists (ACJ) president Datuk Ranita Hussein said corporations, be they domestic, transnational or international, must be aware that their corporate social responsibility is to respect human rights.

Presenting ACJ's interim report on corporate social responsibility at the 13th Asia-Pacific Forum (APF) of National Human Rights Institutions yesterday, Ranita said it was vital for national human rights institutions (NHRIs) to educate the government on mechanisms to deal with human rights abuses by corporations.

“Governments have a duty to amend the legal framework to prevent human rights abuses, especially in vulnerable industries such as forestry, pharmaceutical and apparels and to protect whistleblowers who come forward,” she said at the four-day forum hosted by Suhakam.

ACJ member Prof Vitit Muntarbhorn said corporations must look into including hard human rights principles in their operating procedures.

“NHRIs also need to educate corporations on the United Nations human rights framework,” he said.

The interim report also included remedies for NHRIs such as advocating the government to give them power to take legal action and having a mechanism to enforce sanctions on corporations with human rights violations.

Comments (1)Add Comment
Comment to Compare.
written by Tan Peek Guat, Monday, August 04 2008 01:31 pm

First, DEFAMATION is against the law.
So, it should not be allowed.

Next, as for criticism, this is subjective.

We therefore, need to rephrase it, to say: "No negative criticism of any religion is allowed so that NO followers of any religion is hurt".

What then, about "COMMENTS"? If comments are not allowed, then we need not educate ourselves nor our children at all.

In this instance, then we will simply allow themselves to be easily indoctrinated by others, and be captured by them, our so-called LEADERS, and be put by them into our respective COCONUT SHELLS!

Probably, then, it should be : We can comment to COMPARE, but not to CRITICISE!

Let us, then, hold INTER-FAITH forums.

Tan Peek Guat


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