Human rights cannot be restricted
Anuar Zainal AbidinPublished: Apr 30, 2001 5:10 AM | Updated: Jan 29, 2008 6:21 PM
What are human rights? First of all, the concept of human rights is political in nature. Its aim is to maintain social harmony by ensuring justice, peace and equality. In an endeavour to achieve this task, the United Nations drafted the text of the Universal Declaration of Human Rights.
The idea of human rights is enshrined in the notion of common humanity and has to apply to all members of the family equally if it is to achieve its aim of ensuring peace and social harmony.
It is universally recognised that human rights contributes to the well being of life in general. The human rights concepts can be found in the basic precepts of most of the major religions of the world. They emphasise the importance of morality, social equality and justice.
Ideally, the human rights agenda encompasses all economic, civil, social and political rights without the imposition of any restrictions. It is not a special right granted to a particular person or group. It belongs to an individual by virtue of his or her being a member of the world community and therefore a part of the human family.
But the questions about what human rights are, what their main emphasis is and how far their general applicability works still evoke different responses from different quarters. It is unfortunate that we live in a less than perfect world. Hence, we are faced with the problem of inconsistent practice being adopted in our administration.
The expression of human rights cannot be restricted. It should not be capable of being moulded into anybody's agenda or plan. But in reality, the chosen concept is often the one that is more favourable to the conditions of a particular society. As a result, freedom of expression is readily denounced on the excuse of promoting social harmony.
We believe that no society in the world should condone social discrimination or infringements on writers' and artists' freedom of creativity on the ground that it is against tradition and culture. Any such discrimination or infringements are bound to invite criticism and recrimination from the international arena.
More and more people have now begun to accept that human rights violations have implications beyond national boundaries and that man has a moral duty towards his fellow man that transcends all barriers.
The Human Rights Commission of Malaysia Act 1999 does not give a clear definition of the expression "human rights". Under Section 2 of the Act it merely states that "human rights" refers to fundamental liberties as enshrined in Part II of the Federal Constitution. This brief definition or interpretation of the term "human rights" has received a mixed reaction from the public.
Many feel that it is too restrictive in view of the fact that provisions under Part II of the Constitution have been restricted by various Act of Parliament. [See "[#1]Fundamental liberties[/#]"]
However, as the law stands there is restriction imposed on the commission to enquire the justification of any restrictive law enacted in respect of the rights to the fundamental liberties enshrined in the constitution.
The Human Rights Commission of Malaysia Act came into force in April 2000. The members of the commission were appointed by the Agong on the same date. At present, there are 13 members including chairman Musa Hitam. The commission has started operation, temporarily at the premises of the Foreign Ministry.
The idea to set up the Human Rights Commission was mooted by Musa in 1993 who personally urged Prime Minister Mahathir Mohamad to establish such a commission realising how important it is for Malaysia to have a Human Rights Commission. It was not an easy task.
However, the matter was brought to the Cabinet and happily the Cabinet agreed to the idea of setting up a Human Rights Commission. In 1996 the matter was put under the charge of the Foreign Ministry, and finally it was passed by Parliament in 1999.
The government put up a list of names to be appointed as members of the commission. Credit must be given to Musa for disagreeing with the names in the list put up by the government. He put up 12 names chosen himself which were accepted by the government.
The commission is now known as Suhakam. Being a new establishment, Suhakam recognises the importance of interaction with established organisations who share the same vision and aim as Suhakam.
The first dialogue was held on May 15 with Aliran, Hakam and Suaram. There will be more such meetings with other organisations and political parties. These dialogues will certainly be informative and useful to Suhakam in carrying out its functions.
Suhakam has formed four working groups dealing with 1) Education and Information; 2) Law and Procedure; 3) International Treaties and Participation; and 4) Inquiries.
ANUAR ZAINAL ABIDIN, human rights commissioner, is former chief justice of Malaya and was chairman of the Royal Commission of Inquiry into Anwar Ibrahim's black eye. The above is a keynote speech given at the "Forum on Understanding Human Rights Commission Act".
The idea of human rights is enshrined in the notion of common humanity and has to apply to all members of the family equally if it is to achieve its aim of ensuring peace and social harmony.
It is universally recognised that human rights contributes to the well being of life in general. The human rights concepts can be found in the basic precepts of most of the major religions of the world. They emphasise the importance of morality, social equality and justice.
Ideally, the human rights agenda encompasses all economic, civil, social and political rights without the imposition of any restrictions. It is not a special right granted to a particular person or group. It belongs to an individual by virtue of his or her being a member of the world community and therefore a part of the human family.
But the questions about what human rights are, what their main emphasis is and how far their general applicability works still evoke different responses from different quarters. It is unfortunate that we live in a less than perfect world. Hence, we are faced with the problem of inconsistent practice being adopted in our administration.
The expression of human rights cannot be restricted. It should not be capable of being moulded into anybody's agenda or plan. But in reality, the chosen concept is often the one that is more favourable to the conditions of a particular society. As a result, freedom of expression is readily denounced on the excuse of promoting social harmony.
We believe that no society in the world should condone social discrimination or infringements on writers' and artists' freedom of creativity on the ground that it is against tradition and culture. Any such discrimination or infringements are bound to invite criticism and recrimination from the international arena.
More and more people have now begun to accept that human rights violations have implications beyond national boundaries and that man has a moral duty towards his fellow man that transcends all barriers.
The Human Rights Commission of Malaysia Act 1999 does not give a clear definition of the expression "human rights". Under Section 2 of the Act it merely states that "human rights" refers to fundamental liberties as enshrined in Part II of the Federal Constitution. This brief definition or interpretation of the term "human rights" has received a mixed reaction from the public.
Many feel that it is too restrictive in view of the fact that provisions under Part II of the Constitution have been restricted by various Act of Parliament. [See "[#1]Fundamental liberties[/#]"]
However, as the law stands there is restriction imposed on the commission to enquire the justification of any restrictive law enacted in respect of the rights to the fundamental liberties enshrined in the constitution.
The Human Rights Commission of Malaysia Act came into force in April 2000. The members of the commission were appointed by the Agong on the same date. At present, there are 13 members including chairman Musa Hitam. The commission has started operation, temporarily at the premises of the Foreign Ministry.
The idea to set up the Human Rights Commission was mooted by Musa in 1993 who personally urged Prime Minister Mahathir Mohamad to establish such a commission realising how important it is for Malaysia to have a Human Rights Commission. It was not an easy task.
However, the matter was brought to the Cabinet and happily the Cabinet agreed to the idea of setting up a Human Rights Commission. In 1996 the matter was put under the charge of the Foreign Ministry, and finally it was passed by Parliament in 1999.
The government put up a list of names to be appointed as members of the commission. Credit must be given to Musa for disagreeing with the names in the list put up by the government. He put up 12 names chosen himself which were accepted by the government.
The commission is now known as Suhakam. Being a new establishment, Suhakam recognises the importance of interaction with established organisations who share the same vision and aim as Suhakam.
The first dialogue was held on May 15 with Aliran, Hakam and Suaram. There will be more such meetings with other organisations and political parties. These dialogues will certainly be informative and useful to Suhakam in carrying out its functions.
Suhakam has formed four working groups dealing with 1) Education and Information; 2) Law and Procedure; 3) International Treaties and Participation; and 4) Inquiries.
ANUAR ZAINAL ABIDIN, human rights commissioner, is former chief justice of Malaya and was chairman of the Royal Commission of Inquiry into Anwar Ibrahim's black eye. The above is a keynote speech given at the "Forum on Understanding Human Rights Commission Act".
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