The Malaysian Bar congratulates the government of Malaysia on its successful campaign for election to the UN Human Rights Council for the 202224 term.
It is an important achievement and presents an opportunity for Malaysia to contribute to the development and protection of human rights on the global stage, as well as on the domestic front. This must further translate into a vision for stronger recognition and protection of human rights in Malaysia and the political will to carry out such reforms.
The Malaysian Bar also welcomes the recent appointment of Azalina Othman Said as the special adviser (law and human rights) to the prime minister. It is a step in the right direction and increases the possibilities of the Malaysian Bar engaging with the government to develop and strengthen policies in this area.
A bolder move could have been the creation of a fully fledged and stand-alone ministry of law and human rights, having full charge of and responsibility for shaping pro-human rights laws and practices that would enhance the wellbeing of keluarga Malaysia (Malaysian family) and being equipped to face the many human rights challenges to Malaysia that are gathering on the horizon.
The Malaysian Bar is also resolute in our call that the government must take concrete steps towards repealing and abolishing draconian laws. The 12th Malaysian Plan only very tamely provided that the government would review or amend laws related to crimes.
We call for the abolition of the Prevention of Crime Act 1959 and the Prevention of Terrorism Act 2015, both of which permit detention without trial for up to two years at a time, renewable indefinitely. The continued absence of meaningful due process protections may lead to one-sided hearings before their respective boards, which are not courts. This is clearly contrary to the idea of an open and fair trial.
Provisions in the Sedition Act 1948, the Printing Presses and Publications Act 1984 and Sections 233 and 263 of the Communications and Multimedia Act 1998 contain excuses for the authorities to undermine and restrict the right to freedom of speech and expression: mere annoyance may be sufficient in certain circumstances. Sections 124B to 124J of the Penal Code are themselves a threat to the democratic system of governance in Malaysia.
Combined, they are a collective affront to the rule of law, basic human rights values and various constitutional safeguards. Abolishing or repealing these laws will demonstrate the governments resolve to uphold the rule of law and democratic principles, as measured by international norms and standards.
Over the past year, Malaysians have been exposed to the importance of human rights, bearing witness to events where our constitutional freedoms of speech, assembly and association have come into focus. We have seen workers rights advocates, bloggers, cartoonists, journalists and satirists being investigated by the police.
Their alleged offence? Drawing, saying or writing something that has hurt the feelings of some other person, or for gathering in support of work-related issues, to protest against corruption, or in defence of elections and Parliamentary democracy.
The Malaysian Bar reiterates our stand that the authorities should exercise restraint when these rights are being legitimately exercised in good faith. These rights cannot be taken for granted and must be actively used and upheld.
The Federal Constitution is a living dynamic document guaranteeing the rule of law to all persons and affording them fundamental liberties and this must be borne out in the governments policies and actions on the ground. This is especially so now that Malaysia will sit on the UN Human Rights Council.
We also call on the government to commit to acceding to more international human rights treaties. Malaysia has so far only ratified three human rights treaties the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women (Cedaw) and the Convention on the Rights of Persons with Disabilities. The acceptance of international human rights norms will allow Malaysia to establish baselines for human rights in this country.
The Malaysian Bar also implores the government to afford dignity and respect to refugees and asylum seekers in Malaysia. Despite the significant population of this community in our country, we do not have a holistic legal and policy framework to deal with the issues that they face.
We urge the government to allow the UN refugee agency (UNHCR) access to refugees and asylum seekers at immigration detention centres. This will allow the UNHCR to verify the status of these individuals to determine whether they need protection.
The government should also demonstrate compassion to all migrants regardless of their immigration status and come up with a comprehensive programme to allow them to have the right to livelihood and security in Malaysia.
The government mentioned in its voluntary pledges and commitments that it issued to campaign for election to the UN Human Rights Council that it continues to support the worldwide moratorium on the use of the death penalty. The government also mentioned that it had established a special committee to study the abolition of the mandatory death penalty.
However, the government has been in receipt of the report from that special committee since February 2020, but nothing appears to have been done to make the report public or to implement its recommendations.
The election to the UN Human Rights Council provides an opportunity for the government of Malaysia to listen more closely to the counsel of its fellow council members, and to use the three years of its council position to improve and strengthen its own human rights record.
The Malaysian Bar expresses our continued support and assistance to the government in its aspirations to uphold the rule of law, and to protect and defend the fundamental freedoms and liberties of the people.
Human rights are basic rights that belong to every individual: it is based on equal respect for human dignity and shared universal values that are inherent in all of us. We must strenuously guard these rights, both abroad and at home.
AG Kalidas is president of the Malaysian Bar
This piece is reproduced from here and has been edited for style only.
Our voluntary writers work hard to keep these articles free for all to read. But we do need funds to support our struggle for Justice, Freedom and Solidarity. To maintain our editorial independence, we do not carry any advertisements; nor do we accept funding from dubious sources. If everyone reading this was to make a donation, our fundraising target for the year would be achieved within a week. So please consider making a donation to Persatuan Aliran Kesedaran Negara, CIMB Bank account number 8004240948.
Visit link:
Malaysia's election to UN rights body: Strengthening rights protection abroad and at home - Aliran
- Student-Led Working Group to Abolish GUPD Calls for Greater Community Involvement - Georgetown University The Hoya - April 10th, 2024 [April 10th, 2024]
- Nobel Peace Prize - Wikipedia - January 10th, 2023 [January 10th, 2023]
- Albanese government neuters ABCC ahead of abolition - The Australian Financial Review - October 28th, 2022 [October 28th, 2022]
- 3 Good Reasons You Should Learn More About Angela Davis - Because of Them We Can - October 15th, 2022 [October 15th, 2022]
- Eradication of forced labor -- striking example of political will - The Korea Herald - October 15th, 2022 [October 15th, 2022]
- Intrusion impending: what contractors need to know about proposed abolition of the ABCC - Lexology - October 15th, 2022 [October 15th, 2022]
- What Does It Mean To 'Abolish the Family'? - ArtReview - October 15th, 2022 [October 15th, 2022]
- UN experts call for complete abolition of death penalty as 'only viable path' - UN News - October 15th, 2022 [October 15th, 2022]
- Opinion | Social justice work must continue - UI The Daily Iowan - October 15th, 2022 [October 15th, 2022]
- Rank-and-file action committees independent of IG Metall union needed to defend all jobs at all sites - WSWS - October 15th, 2022 [October 15th, 2022]
- Japan plans to abolish health insurance cards in fall 2024 | The Asahi Shimbun: Breaking News, Japan News and Analysis - - October 15th, 2022 [October 15th, 2022]
- Are you buying the copaganda? - mlk50.com - October 15th, 2022 [October 15th, 2022]
- 'Crown Jewel of Criminal Justice System': Voters In Five States Will Address Legal Loophole That Still Allows Slavery - Atlanta Black Star - October 15th, 2022 [October 15th, 2022]
- TUPD aims to connect with Tufts community over coffee - Tufts Daily - October 15th, 2022 [October 15th, 2022]
- Ex-condemned prisoner relives 11-year wait for hangmans noose - The Herald - October 15th, 2022 [October 15th, 2022]
- The Ongoing Fight Against Femicides and Violence Against Women in the Caribbean - Rolling Stone - October 15th, 2022 [October 15th, 2022]
- At Tate Britain, Hew Locke Powerfully Reckons with Colonialist Histories and Their Lingering Aftereffects - ARTnews - October 15th, 2022 [October 15th, 2022]
- Presentation of the Annual Report of the United Nations High Commissioner for Human Rights - World - ReliefWeb - October 15th, 2022 [October 15th, 2022]
- Sanitation staff on strike over salary delay in Delhi - The New Indian Express - October 15th, 2022 [October 15th, 2022]
- Human Rights Watch Submission to the Universal Periodic Review of Burundi - Human Rights Watch - October 15th, 2022 [October 15th, 2022]
- UN experts warn of associated torture and cruel punishment - OHCHR - October 11th, 2022 [October 11th, 2022]
- How Lead Belly twice won freedom from prison through his music - Far Out Magazine - October 11th, 2022 [October 11th, 2022]
- Why don't Popes ever win the Nobel Peace Prize? - Crux Now - October 11th, 2022 [October 11th, 2022]
- Hunting: Where the end began - Reaction - October 11th, 2022 [October 11th, 2022]
- Greece is committed to reforming its mass media and protecting personal data - Hellenic News of America - October 11th, 2022 [October 11th, 2022]
- Standing against war and nuclear catastrophe: lessons from Port Kembla - Red Flag - October 11th, 2022 [October 11th, 2022]
- Liz Truss warned tax cuts like hers could lead to 'boom and bust' in unearthed 2018 clip - The Mirror - October 11th, 2022 [October 11th, 2022]
- Opinion | The Puppets and the Puppet Masters - Common Dreams - October 11th, 2022 [October 11th, 2022]
- Intersecting Drug Policy and Abolition: A Conversation - TalkingDrugs - October 6th, 2022 [October 6th, 2022]
- Rival parties to lock horns over Gender Ministry in government organization reform plan - The Korea Herald - October 6th, 2022 [October 6th, 2022]
- Reforms, roll-outs and freezes in the tax and benefit system | Institute for Fiscal Studies - ifs.org.uk - October 6th, 2022 [October 6th, 2022]
- Kwasi Kwarteng to bring forward planned fiscal statement in another U-turn as it happened - The Guardian - October 6th, 2022 [October 6th, 2022]
- IR35 reforms repeal: How it stands to benefit the tech sectors SMEs and contractors - ComputerWeekly.com - October 6th, 2022 [October 6th, 2022]
- The Future of Truth - Portsmouth Daily Times - October 6th, 2022 [October 6th, 2022]
- Governor Hochul Names Canal Corporation Vessel in Honor of the Inspirational Life and Legacy of Harriet Tubman - ny.gov - October 6th, 2022 [October 6th, 2022]
- Tory MPs hit back after threats issued to those opposing 45p tax rate abolition - The Guardian - October 6th, 2022 [October 6th, 2022]
- John Hood: Don't That Just Beat All? Neuse News - Neuse News - October 6th, 2022 [October 6th, 2022]
- Scrapping inheritance tax is a terrible idea - The Spectator - October 6th, 2022 [October 6th, 2022]
- Reeves: Government instincts in mini-Budget were to cut taxes for wealthiest - LabourList - October 6th, 2022 [October 6th, 2022]
- The Biggest Exhibitions To See In London And Beyond: Autumn 2022 - Londonist - October 6th, 2022 [October 6th, 2022]
- Actually, Black Mermaid Folklore Has Been Around Long Before Disneys The Little Mermaid - Yahoo Life - October 6th, 2022 [October 6th, 2022]
- Build solidarity with rail workers fight! Help strengthen, expand the labor movement! The Militant - The Militant - September 14th, 2022 [September 14th, 2022]
- The Most Absolute Abolitionnew book explores abolition and lives of escaped slaves - Socialist Worker - September 14th, 2022 [September 14th, 2022]
- Democracy Cant Be Reduced to Voting in 2022 We Must Build the Future We Want - Truthout - September 14th, 2022 [September 14th, 2022]
- Christophe Ferrari denounces the announced abolition of the CVAE - US Sports - US Sports - - September 14th, 2022 [September 14th, 2022]
- Child labour: Nashik tribals struggle to survive, give kids to goatherds for Rs 10K - The New Indian Express - September 14th, 2022 [September 14th, 2022]
- Library Takeover Returns: Submit Your Application! | City of Madison - City of Madison, Wisconsin - September 14th, 2022 [September 14th, 2022]
- Do Britain and the world really need a king? - People's World - September 14th, 2022 [September 14th, 2022]
- Soka Gakkai International's Nuclear Abolition Work - Tricycle - September 7th, 2022 [September 7th, 2022]
- Clinton nonprofit funneled $75,000 to 'defund the police' group: report - New York Post - September 7th, 2022 [September 7th, 2022]
- Cops and Prosecutors Truly Work the Same Side: Ingrid Raphal and Melissa Gira Grant on their FOV Doc They Wont Call It Murder - Filmmaker Magazine - September 7th, 2022 [September 7th, 2022]
- The Iran Man Behind the Nuclear Curtain Jewish Policy Center - Jewish Policy Center - September 7th, 2022 [September 7th, 2022]
- Dorothy Roberts Tried to Warn Us - New York Magazine - September 7th, 2022 [September 7th, 2022]
- Hear Me Now: The Black Potters Of Old Edgefield, South Carolina - Antiques And The Arts Weekly - Antiques and the Arts Online - September 7th, 2022 [September 7th, 2022]
- The Spin | Zimbabwe's upset win should spur England to be good global citizens - The Guardian - September 7th, 2022 [September 7th, 2022]
- Letter of the week: The Proms deserve better - The New Statesman - September 7th, 2022 [September 7th, 2022]
- Why We Should Abolish the Family Current Affairs - Current Affairs - September 6th, 2022 [September 6th, 2022]
- On the Need for Honest Abolitionists. | Jeff Hood - Patheos - September 6th, 2022 [September 6th, 2022]
- Chile rejects a progressive constitution with big changes - NPR - September 6th, 2022 [September 6th, 2022]
- Where Solidarity, Abolition, and Queer History Meet - The Nation - September 6th, 2022 [September 6th, 2022]
- Addressing the sugar crisis long term - Manila Bulletin - September 6th, 2022 [September 6th, 2022]
- Experts react: The United Kingdom has a new prime minister. What should the world expect from Liz Truss? - Atlantic Council - September 6th, 2022 [September 6th, 2022]
- Explained Books | An eminent cardiac surgeon's account of his work, and of Kashmir - The Indian Express - September 6th, 2022 [September 6th, 2022]
- Formerly incarcerated women of color face worse health in later life | OUPblog - OUPblog - September 6th, 2022 [September 6th, 2022]
- The crime against humanity that is the modern OS desktop, and how to kill it - The Register - September 6th, 2022 [September 6th, 2022]
- Kenya: William Ruto's triumph, By Reuben Abati - Premium Times - September 6th, 2022 [September 6th, 2022]
- What shall we do with the climate refugees? - Trinidad & Tobago Express Newspapers - September 6th, 2022 [September 6th, 2022]
- Digitisation of records, land reforms turn 'Naya J&K' hi-tech - Rising Kashmir - September 6th, 2022 [September 6th, 2022]
- What year was slavery abolished in the US? - Fox News - August 25th, 2022 [August 25th, 2022]
- The United Nations Human Rights Council met for its 50th Regular Session from June 13 to July 8, 2022. - WCADP - World Coalition Against the Death... - August 25th, 2022 [August 25th, 2022]
- Special Tax Regimes for Mobile Individuals and Their Impact on the EU's Single Market - Bloomberg Tax - August 25th, 2022 [August 25th, 2022]
- Undergraduate Summer Research Highlights - Newsroom | University of St. Thomas - University of St. Thomas Newsroom - August 25th, 2022 [August 25th, 2022]
- A safe and healthy working environment is now a human right - Workplace Insight - August 25th, 2022 [August 25th, 2022]
- Haryana dismisses alleged abolition of teachers post as baseless - The Statesman - August 25th, 2022 [August 25th, 2022]
- New book explores wicked problems facing peace studies scholars and practitioners // Department of Political Science // University of Notre Dame -... - August 25th, 2022 [August 25th, 2022]
- Universities Are Plundering Cities. How Can This Relationship Change? - Truthout - August 25th, 2022 [August 25th, 2022]
- Edinburgh should apologise for role in slavery and colonialism, says academic - STV News - August 25th, 2022 [August 25th, 2022]
- The inside story of the CIA v Russia from cold war conspiracy to 'black' propaganda in Ukraine - The Conversation Indonesia - August 25th, 2022 [August 25th, 2022]
- Radical gender theory has now made its way into more than 4,000 US schools - Home - WSFX - August 25th, 2022 [August 25th, 2022]
- Infanticide: Excitement as 5-year-old reunites with family in FCT - Blueprint Newspapers Limited - August 25th, 2022 [August 25th, 2022]