Saturday 9 July 2011

My right to wear clean yellow T-shirt by Dr. RONALD MCCOY

COMMENT Human rights and fundamental freedoms have become dominant issues of the day, since the United Nations General Assembly adopted the Universal Declaration of Human Rights in 1948.

The Preamble states that recognition of the inherent dignity and equal and inalienable rights of all individuals is the foundation of freedom, justice and peace in the world.

1966, the General Assembly adopted two binding Covenants, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, which together with the Declaration form the International Bill of Human Rights.

However, the Malaysian government has not signed or ratified both Covenants.

Although the principle of protecting and defending human rights is accepted virtually everywhere, it is also violated virtually everywhere, although much more in some countries than in others.

The lofty ideals of human rights will remain irrelevant to individuals, unless human rights are deeply embedded and actualised in the national culture.

National human rights commissions and other national institutions, including an independent judiciary and the rule of just law, are therefore crucial foundations for human rights.

Human Rights Commission of Malaysia (Suhakam)

After an abysmal record of human rights violations in 1998, the Malaysian government went through a cosmetic public relations exercise to sanitise its record.

By defining human rights according to its own narrow criteria, the NONEgovernment in April 1999 tabled the Human Rights Commission of Malaysia Bill, without prior consultation with interested civil society groups, contradicting the very essence and spirit of human rights.

The Bill spelled out a version of human rights, as defined in the Federal Constitution but curtailed by draconian laws, including the Internal Security Act, the four Proclamations of Emergency, the Sedition Act, the Printing Presses and Publications Act, and the Police Act.

In July 1999, civil society organised a forum on the proposed Bill and adopted a resolution welcoming in principle the proposed Human Rights Commission of Malaysia but expressing regret at the lack of transparency and inclusiveness.

The forum recommended that the Commission adopt the 1991 UN-sponsored Paris Principles as its main criteria: autonomy and a broad independence, a mandate based on universal human rights standards, and adequate powers of investigation with adequate funding and resources.

The forum also urged the government to demonstrate its commitment to and respect for human rights by:
  • Passing resolutions in both Houses of Parliament to annul all subsisting Proclamations of Emergency and related ordinances;
  • Reviewing and repealing all laws inconsistent with fundamental liberties and universal principles of human rights; and,
  • Ratifying the international instruments relating to human rights, particularly the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the Convention against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment.
The government was unmoved and the Bill was adopted in July 1999, without any amendments and without the annulment of the draconian laws mentioned above.

NONESince then, the people of Malaysia have learnt from bitter experience that Suhakam is toothless and that the government does not intend to observe the universal principles of human rights in the UN Declaration, except selectively and on its own terms.

Universal Declaration of Human Rights

The Universal Declaration of Human Rights consists of 30 Articles:
  • Article 1 lays down the philosophy and basic assumptions of the Declaration: that the right to liberty and equality is man's birthright and cannot be alienated;
  • Article 2 sets out the basic principle of equality and non-discrimination in the enjoyment of human rights and fundamental freedoms, and forbids distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status;
  • Article 3 proclaims the right to life, liberty and security of person - a right essential to the enjoyment of all other rights;
  • Articles 4 to 21 embrace other civil and political rights, which include freedom from torture or cruel, inhuman or degrading treatment or punishment; the right to recognition everywhere as a person before the law; the right to an effective judicial remedy, freedom from arbitrary arrest, detention or exile; the right to a fair trial and public hearing by an independent and impartial tribunal; the right to be presumed innocent until proved guilty; freedom from arbitrary interference with privacy, family, home or correspondence; freedom of movement and residence; the right of asylum; the right to a nationality; the right to marry and to found a family; the right to own property; freedom of thought, conscience and religion; freedom of opinion and expression; the right to peaceful assembly and association; the right to take part in the government of one's country and to equal access to public service in one's country.
  • Articles 22 to 27 recognise economic, social and cultural rights, including the right to social security, the right to work, the right to equal pay for equal work, the right to rest and leisure, the right to a standard of living adequate for health and well-being, the right to education, and the right to participate in the cultural life of the community; and.
  • Articles 28 to 30 conclude with the recognition that everyone is entitled to a social and international order in which human rights and fundamental freedoms may be fully realised and in which each individual owes duties and responsibilities to his community.
This brief review of the Universal Declaration of Human Rights reinforces the belief that Malaysians have a constitutional right to peaceful assembly and freedom of speech, in keeping with international human rights norms.

Bersih 2.0

Bersih 2.0 or the Coalition for Clean and Fair Elections, which is chaired by Ambiga Sreenevasan, immediate past president of the Malaysian Bar, is an independent, non-partisan, civil society grouping of 62 NGOs, who are demanding the removal of irregularities in the electoral roll, reforming postal ballots, use of indelible ink, a minimum 21-day campaign period, free access to the media, and the eradication of corruption in elections.

When Bersih 2.0 was excluded from observing the Sarawak elections in April 2011, it realised that it was getting nowhere in its negotiations with a compliant government-appointed Elections Commission.

It then announced that it would present a petition to the Yang di-Pertuan Agong and rally support by organising a peaceful solidarity walk to the palace on 9th July.

The government responded by:

Declaring Bersih an unlawful organisation;
  • Arbitrarily arresting about 120 civil society campaigners and supporters for distributing pamphlets and wearing yellow T-shirts, emblazoned with the Bersih logo;
  • Raiding Bersih's office, arresting seven staff members, and confiscating computers, office equipment, literature, posters and T-shirts, without a search warrant; and ,
  • Arbitrarily arresting 30 members of the opposition Socialist Party of Malaysia, including MP for Sungai Siput, Dr Michael Jeyakumar Devaraj, and charging them with "reviving communism and waging war against the king of Malaysia," because they possessed T-shirts bearing the faces of Chin Peng and Rashid Maidin.
The inspector-general of police has announced that the police would arrest people wearing Bersih T-shirts and charge them with sedition, if they use any medium or tool to promote the rally and encourage people to gather illegally, including "shoes, cars and buses."

Abuse of power

This threat of arbitrary arrest is pure police intimidation and abuse of power that must be roundly condemned.

Freedom of expression, freedom association, and freedom of peaceful assembly are the basic rights of everyone.

The arbitrary arrest and detention of Bersih's leaders and supporters under the Emergency (Public Order and Prevention of Crime) Ordinance 1969 (EO), the Sedition Act, Section 122 of the Penal Code, and other laws deserve the highest condemnation.

The EO, like the draconian Internal Security Act, provides the police with powers to detain a person for up to 60 days, after which the home minister can make an order authorising further detention without trial for a period of two years.

This order can be renewed indefinitely. It is an unconscionable denial of civil liberties and human rights, and negates the rule of just law.

The government's reaction is excessive and smacks of hysteria, irrationality and arrogance. Instead of engaging with Bersih, it is trying to bludgeon it.

The language is bizarre, unreal and incomprehensible. There is a sense that the government is losing its equilibrium. Perhaps it recalls the pre-election anti-government uprising on the streets of Bangkok and Cairo's Tahrir Square. One wonders if the political changes in the Middle East are having such an effect.

It's hard to believe that such a reaction would have passed muster with the over-paid public relations company, recently contracted to improve the government's image.

This tough crackdown and harsh opposition to reforming a flawed electoral process, that has returned the same government to power for fifty-four years, suggest that the government perceives reforms as an electoral disadvantage.

National malaise

Ongoing events indicate that a terribly oppressive malaise has overtaken this wonderful country. I am deeply concerned that there is little or no space for progressive dialogue between the government and its detractors in civil society. It is a wake-up call for all Malaysians. Our country is in crisis.

A Malay-dominated coalition of racial political parties has ruled the country since Merdeka Day.

In the early years, such a political bargain was necessary and had a rightful place in our history. But after 54 years, racial politics has NONEbecome poisonous and polarising, as its only benefits a small group of elite Malays.

Political dissent along ethnic and class lines is growing and national unity hardly exists. One can understand if a kampong Malay declares that he is a Malay first and a Malaysian second.

But it raises concerns when the deputy prime minister repeats the same sentiments. Perhaps the prime minister has made a correction and declared that he's a Malaysian first and a Malay second, but I may have missed that.

National unity is nurtured and strengthened when all children go to one type of school, but education policies have been politicised and education standards are falling.

There is a steady brain drain of the bright and diligent. Political dissent along ethnic and class lines is increasing.

There is growing resentment among the poor Malays, Chinese, Indians and indigenous people that wealth is not being shared fairly and that health care is being privatised and is no longer affordable.

Press freedom is a cornerstone of human rights. It holds governments responsible for their acts, and sends a warning to all that impunity is an illusion. But there is no press freedom in Malaysia.

There is no independent journalism and therefore no bedrock for democratic engagement and respect for human rights. By exposing wrongdoing, free media can provide transparency and accountability, and reduce corruption in public life.

But corruption is entrenched. Greed and affluence have become virtues. The judiciary has lost its independence. Justice and the rule of law languish.

I have spent 40 years of my life delivering thousands of babies. I believe they deserve to live in freedom, with their human rights intact.

I call upon the government to repeal all unjust laws, particularly the Emergency (Public Order and Prevention of Crime) Ordinance and the Internal Security Act.

I call upon the Malaysian government to immediately free and restore the dignity of all those who have been imprisoned for exercising their fundamental freedoms and human rights.
  • Passing resolutions in both Houses of Parliament to annul all subsisting Proclamations of Emergency and related ordinances;
  • Reviewing and repealing all laws inconsistent with fundamental liberties and universal principles of human rights; and,
  • Ratifying the international instruments relating to human rights, particularly the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the Convention against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment.
The government was unmoved and the Bill was adopted in July 1999, without any amendments and without the annulment of the draconian laws mentioned above.

NONESince then, the people of Malaysia have learnt from bitter experience that Suhakam is toothless and that the government does not intend to observe the universal principles of human rights in the UN Declaration, except selectively and on its own terms.

Universal Declaration of Human Rights

The Universal Declaration of Human Rights consists of 30 Articles:
  • Article 1 lays down the philosophy and basic assumptions of the Declaration: that the right to liberty and equality is man's birthright and cannot be alienated;
  • Article 2 sets out the basic principle of equality and non-discrimination in the enjoyment of human rights and fundamental freedoms, and forbids distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status;
  • Article 3 proclaims the right to life, liberty and security of person - a right essential to the enjoyment of all other rights;
  • Articles 4 to 21 embrace other civil and political rights, which include freedom from torture or cruel, inhuman or degrading treatment or punishment; the right to recognition everywhere as a person before the law; the right to an effective judicial remedy, freedom from arbitrary arrest, detention or exile; the right to a fair trial and public hearing by an independent and impartial tribunal; the right to be presumed innocent until proved guilty; freedom from arbitrary interference with privacy, family, home or correspondence; freedom of movement and residence; the right of asylum; the right to a nationality; the right to marry and to found a family; the right to own property; freedom of thought, conscience and religion; freedom of opinion and expression; the right to peaceful assembly and association; the right to take part in the government of one's country and to equal access to public service in one's country.
  • Articles 22 to 27 recognise economic, social and cultural rights, including the right to social security, the right to work, the right to equal pay for equal work, the right to rest and leisure, the right to a standard of living adequate for health and well-being, the right to education, and the right to participate in the cultural life of the community; and.
  • Articles 28 to 30 conclude with the recognition that everyone is entitled to a social and international order in which human rights and fundamental freedoms may be fully realised and in which each individual owes duties and responsibilities to his community.
This brief review of the Universal Declaration of Human Rights reinforces the belief that Malaysians have a constitutional right to peaceful assembly and freedom of speech, in keeping with international human rights norms.

Bersih 2.0

Bersih 2.0 or the Coalition for Clean and Fair Elections, which is chaired by Ambiga Sreenevasan, immediate past president of the Malaysian Bar, is an independent, non-partisan, civil society grouping of 62 NGOs, who are demanding the removal of irregularities in the electoral roll, reforming postal ballots, use of indelible ink, a minimum 21-day campaign period, free access to the media, and the eradication of corruption in elections.

When Bersih 2.0 was excluded from observing the Sarawak elections in April 2011, it realised that it was getting nowhere in its negotiations with a compliant government-appointed Elections Commission.

It then announced that it would present a petition to the Yang di-Pertuan Agong and rally support by organising a peaceful solidarity walk to the palace on 9th July.

The government responded by:

Declaring Bersih an unlawful organisation;
  • Arbitrarily arresting about 120 civil society campaigners and supporters for distributing pamphlets and wearing yellow T-shirts, emblazoned with the Bersih logo;
  • Raiding Bersih's office, arresting seven staff members, and confiscating computers, office equipment, literature, posters and T-shirts, without a search warrant; and ,
  • Arbitrarily arresting 30 members of the opposition Socialist Party of Malaysia, including MP for Sungai Siput, Dr Michael Jeyakumar Devaraj, and charging them with "reviving communism and waging war against the king of Malaysia," because they possessed T-shirts bearing the faces of Chin Peng and Rashid Maidin.
The inspector-general of police has announced that the police would arrest people wearing Bersih T-shirts and charge them with sedition, if they use any medium or tool to promote the rally and encourage people to gather illegally, including "shoes, cars and buses."

Abuse of power

This threat of arbitrary arrest is pure police intimidation and abuse of power that must be roundly condemned.

Freedom of expression, freedom association, and freedom of peaceful assembly are the basic rights of everyone.

The arbitrary arrest and detention of Bersih's leaders and supporters under the Emergency (Public Order and Prevention of Crime) Ordinance 1969 (EO), the Sedition Act, Section 122 of the Penal Code, and other laws deserve the highest condemnation.

The EO, like the draconian Internal Security Act, provides the police with powers to detain a person for up to 60 days, after which the home minister can make an order authorising further detention without trial for a period of two years.

This order can be renewed indefinitely. It is an unconscionable denial of civil liberties and human rights, and negates the rule of just law.

The government's reaction is excessive and smacks of hysteria, irrationality and arrogance. Instead of engaging with Bersih, it is trying to bludgeon it.

The language is bizarre, unreal and incomprehensible. There is a sense that the government is losing its equilibrium. Perhaps it recalls the pre-election anti-government uprising on the streets of Bangkok and Cairo's Tahrir Square. One wonders if the political changes in the Middle East are having such an effect.

It's hard to believe that such a reaction would have passed muster with the over-paid public relations company, recently contracted to improve the government's image.

This tough crackdown and harsh opposition to reforming a flawed electoral process, that has returned the same government to power for fifty-four years, suggest that the government perceives reforms as an electoral disadvantage.

National malaise

Ongoing events indicate that a terribly oppressive malaise has overtaken this wonderful country. I am deeply concerned that there is little or no space for progressive dialogue between the government and its detractors in civil society. It is a wake-up call for all Malaysians. Our country is in crisis.

A Malay-dominated coalition of racial political parties has ruled the country since Merdeka Day.

In the early years, such a political bargain was necessary and had a rightful place in our history. But after 54 years, racial politics has NONEbecome poisonous and polarising, as its only benefits a small group of elite Malays.

Political dissent along ethnic and class lines is growing and national unity hardly exists. One can understand if a kampong Malay declares that he is a Malay first and a Malaysian second.

But it raises concerns when the deputy prime minister repeats the same sentiments. Perhaps the prime minister has made a correction and declared that he's a Malaysian first and a Malay second, but I may have missed that.

National unity is nurtured and strengthened when all children go to one type of school, but education policies have been politicised and education standards are falling.

There is a steady brain drain of the bright and diligent. Political dissent along ethnic and class lines is increasing.

There is growing resentment among the poor Malays, Chinese, Indians and indigenous people that wealth is not being shared fairly and that health care is being privatised and is no longer affordable.

Press freedom is a cornerstone of human rights. It holds governments responsible for their acts, and sends a warning to all that impunity is an illusion. But there is no press freedom in Malaysia.

There is no independent journalism and therefore no bedrock for democratic engagement and respect for human rights. By exposing wrongdoing, free media can provide transparency and accountability, and reduce corruption in public life.

But corruption is entrenched. Greed and affluence have become virtues. The judiciary has lost its independence. Justice and the rule of law languish.

I have spent 40 years of my life delivering thousands of babies. I believe they deserve to live in freedom, with their human rights intact.

I call upon the government to repeal all unjust laws, particularly the Emergency (Public Order and Prevention of Crime) Ordinance and the Internal Security Act.

I call upon the Malaysian government to immediately free and restore the dignity of all those who have been imprisoned for exercising their fundamental freedoms and human rights.

RONALD MCCOY is former president of Malaysian Medical Association (MMA) and International Physicians for the Prevention of the Nuclear War (IPPNW).

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