You are a human being worthy of honour and respect. You have the right to livelihood, right to education, right to healthcare, right to a habitat, right to social, political, economic and cultural aspirations, and the right to express your demand for these necessities. This freedom is yours, as much as it is mine.
These rights cannot be compartmentalized or fragmented, but instead, they are mutually dependent. This means that it is a fallacy that some types of rights can be suppressed in the name of other rights. But for our rights to be respected and protected, the pre-condition of the democratization and humanization of the State must be fulfilled. If our democracy is failing, then our aspirations cannot be realised. Do you think, as a Malaysian, our democracy is shrinking?
Democracy means that as a member of this State, you can exercise your right to elect a representative. This representative meets with other elected representatives to make policies to safeguard and promote our inalienable and indivisible rights. These policies are very very important because they influence institutions like the judiciary, the police, the Prosecutor’s Office and these policies are internalised within other institutions like the executive, legislature, and other government institutions and sectors e.g. universities, schools, hospitals, the election commission, banks, ….endless list.
When these policies and practices get internalised, then the people working in these institutions also internalise them. That means, if our institutions implement race-biased policies and dwell and drown in corrupt practices, then employees of these institutions are bound to follow suit. We cannot blame them alone because they too are victims of dysfunctional institutions ruled by elitists. So how do we correct this?
We change how institutions function. How? We change the policies. How? We change the people making the policies. How? We vote and exercise our democratic rights.
But in Malaysia, elections do not mean democracy. Our democracy is legitimacy deficit and we are dominated by a majoritarian political system. Why? Because we have been ruled by a repressive, authoritarian regime for 59 years post-independence and this regime actually fears democracy. In most states, the minority fears democracy because they fear the tyranny of the majority. Malaysia proves to be the contrary.
So the problem now is that we are unable to vote for the change we want because the State has created tools of oppression to keep the ruling regime in power. This regime has created a state capture. There are arbitrary laws to indiscriminately prosecute people who highlight these issues, we are faced with a fraudulent electoral process and a fraudulent electoral system, our Prosecutor practices selective prosecution, our anti-corruption commission is not independent of the Prime Minister’s influence. These oppressive mechanisms ultimately function because there is no separation of powers, i.e. institutions that are meant to function as a check and balance are heavily controlled by the ruling government’s regime.
What do we do?
Firstly, we need to put pressure on the government to bring about institutional change. Protesting is the most fundamental way. We have been speaking truth to power for decades. But if we do not change who is in power, then the system will remain broken.
Secondly, it is imperative that we hold the judiciary, the police and the prosecutors accountable. They should be protecting our rights, not violating them. We must take them to task. We must speak about them, challenge them and not tolerate cronyism, incompetency and blatant discrimination.
Thirdly, talk to people about our violated rights. Write and read. Participate in discussions. Do not fear intimidation. History tells us that battling hegemonic oppression is never without suffering, without losing out on luxuries, without learning tedious lessons. But we are born with the capacity to challenge, to question, to learn and to fight for what we know is right.
You are a fool if you think you can escape politics and remain disengaged. You are a greater fool if you think you will not make a difference. You are the greatest fool if you give up now. Dignity can never be surrendered; it is what makes us human. History has gone a long way to give us that honour, any act of surrendering is a betrayal.
hi anusha,
its all enshrined in the UN charter of human rights and other rights which all the countries are signatories -but who follows the charter?
Hi en thaai thamizh,
Thank you for your question!
It is true that merely signing and ratifying charters like the UDHR is not enough because, like you implied, states have failed to implement their pledge to promote and protect such rights. At most, countries have only added some rights to their constitutions, and some have gone a step further and have enacted statutory provisions. This lack of protection is alarming, bearing in mind that Article 2 of the International Covenant on Civil and Political Rights (ICCPR) provides that:
“Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant.
Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.”
That is why the Asian Human Rights Commission came up with the Asian Human Rights Charter (AHRC) and in fact, the rights quoted in the above article are actually from the AHRC. This charter was created for a different purpose. To quote Mr Basil Fernando (Director of Policy and Programmes of Asian Human Rights Commission), this charter challenges us to be critical of ourselves; to ask ourselves why have previous charters failed to safeguard our rights; why are the peoples in Asia still catastrophically powerless and voiceless (e.g. Bangladesh, Laos)
So your question was who follows the charter. This question will get you nowhere.
Perhaps now you should ask the questions: Why are the legislature and the judiciary not protecting your rights? Does the failure of safeguarding our rights by the judiciary mean that our legal system is flawed? Where do these flaw stem from? What are the laws that transgress our rights? What do we need to do about it?
செம்பருத்தி எனும் தமிழ் பிரதியில் ஆங்கிலத்தில் நொட்டுவது ஏனோ….?…ஒண்ணுமே புரிலே..
சிவா கணபதி, உனக்கு இதில் ஆர்வமில்லை என்றால் தமிழை மட்டும் நொட்டும். ஒரு சிறந்த படைப்பை அளித்த செம்பருத்திக்கு நன்றி .
இனிய உளவாக இன்னாதல் கூறல் கனியிருப்ப காய் கவர்ந்தற்று..
துரோகமா? எது? ஜனநாயகத்தின் முதுகெலும்பை முறித்த …mamakthir உடன் கைகோர்க்கும் bersihவை எவ்வாறு வர்ணிப்பது?