Universal Declaration of Human Rights 1948 Written by Julius. , Saturday, August 8, 2009 at 11:24 PM, in Labels: occasions.

As the heading suggests, I'm here to talk about our human rights in Malaysia.

THE UDHR is widely incorporate in Malaysia so long it does not conflicting with the values of Constitution. This is were approved by 4(4) of the Human Rights Commission of Malaysia (Act 597) which clearly stated that 'For the purpose of this Act, regard shall be had to the Universal Declaration of Human Rights 1948 to the extent that it is not inconsistent with the Federal Constitution.'

Part II of the Federal Constitution of Malaysia

In Malaysia, human rights are partially enshrined in the Federal Constitution. This is clarified by section 2 of the Human Rights Commission of Malaysia Act 1999 (Act 597) in the following way:

"human rights" refer to fundamental liberties as enshrined in Part II of the Federal Constitution.

Part II of the Federal Constitution guarantees the following fundamental liberties:

Article 5 - Right to life
- Right to personal liberty
Article 6 - Prohibition of slavery and forced labour
Article 7 - Protection against retrospective criminal
laws and criminal laws
Article 8 - Right to equality before the law
Article 9 - Prohibition of banishment
- Freedom of movement
Article 10 - Freedom of speech, assembly and
association
Article 11 - Freedom of religion
Article 12 - Rights in respect of education
Article 13 - Rights to property

Rights and Responsibilities

In accordance with Articles 29(2) and 30 of the UDHR, human rights are to be exercised with responsibility. This means that:

* rights and freedoms may be limited by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others;

* rights and freedoms may be limited by law solely to meet the just requirements of morality, public order and the general welfare in a democratic society;

* No State, group or person has the right to engage in any activity or to perform any act aimed at the destruction of any rights and freedoms set forth in the UDHR.

(all this were partly provided by Malaysian Law Student Society/The Malaysian Law Students Alliance (MALSA))

Well, does it sounds great? But are we truly protected?

From what I see, the UDHR is not fully enforced. I doubt if most of people aware of this. If I were the MPs (only IF), we should have a commission to enforce this. Clearly from most of people will said many people and infringed our rights.

The COMANGO (Coalition of Malaysian NGOs) report highlights:

1. politicisation of race and religion;
2. discrimination in the areas of health, sexuality, women, students and youth, children, persons with disabilities, non-citizens and indigenous peoples;
3. the restrictions of freedom of expression, information and assembly;
4. the housing woes of the urban poor; and
5. detention without trial, the need for an Independent Complaints and Misconduct Commission for the Police, the impunity of human rights abusers, and the imposition of corporal and capital punishment.

(http://www.wao.org.my/news/20080908COMANGOLaunchesItsReport.html)

The COMANGO had been sent a 10 pages long report to the United Nations High Commissioner for Human Rights in Geneva. (http://thestar.com.my/news/story.asp?file=/2008/9/9/nation/1977810&sec=nation) But the issue still remain unknown.

And from what I think, even the we know our rights, but when someone infringe our rights, it took time for retribution and in fact the people who had suffered had to wait until the matter took place. See for example in England, it took about 6 years to reach the Court in Strasbourg (but, of course now, the UK courts have powers to take case regarding Human Rights). Imagine the person who had suffered and needs to go to court to settle. Time and cost ticking here and there.

And yet, if we were to look on other countries, slavery are allowed, etc. And for example, ISA in our own country. Many people against it because it allows for detention without trial and with 2 years in you know where. I would say (like before) ISA is important TO AGAINST TERRORIST and partly because of national security. But not to the extend where bloggers and reporters to sent to jail because they had cause insecure among the others by blogging or reporting..And look at North Korea, they hold two Korean from USA reporters and just only released. Where is the rights? Governemnt at times always impose things that they think is good for the citizen. But a leader should actually listen to his/her people's opinion (thus the democracy)

I had like to quote Abraham Lincoln's 'Government of the people by the people and for the people'. I had mentioned before and I will said it again, politician (whether is the MPS or just politician) which form part of the government must work together for the greater future and for the nation.

This theory however does not apply to every one, people have their intention and may not willing to coop. Sad to say, this kind of attitude cause the citizen to endure some hardships. Some politicians actually never follows the code completely. They assume their role and remain insignificant to changes. How would our nation grow?