In Malaysia, human rights is all about lip service. There is no commitment on the government's part to assure people of their fundamental rights. As such, Dec 10 held little meaning for Malaysia, to be precise for the country's so-called leaders. Dec 10 was World Human Rights Day and 2008 marked the 60th anniversary of the adoption of the Universal Declaration of Human Rights.

This information, however, holds no meaning for the country's ‘powers that be’. Instead, Malaysia's politicians have spared no effort in ensuring the human rights of the people are trampled upon, that too to advance the former's political agenda.

While citizens of other nations take to the streets to fight for their fundamental rights, Malaysians on the contrary are constantly threatened with the Internal Security Act (ISA) and prohibited from fighting for their basic rights.

The ignorant leaders and their self-imposed ignorance of an individual's basic rights has put Malaysia in a very embarrassing position. The various conventions ratified by Malaysia are nothing but lip service to display to the world its so-called willingness to ensure that the human rights of fellow Malaysians are not conveniently dismissed. With such a ‘couldn't care less attitude’, it is no surprise that human rights are given no respect by the politicians, policy-makers and keepers of the law.

To wonder how long more before human rights is regarded with respect by the ‘powers that be’ is no less playing the Russian roulette. All the more it becomes crucial that the fight for human rights in Malaysia becomes a battle undertaken by not only the non-governmental organisations but also by the people-on-the-street.

Malaysia has enjoyed 51 years of independence but there is little to be proud of when it comes to recognising the human rights of its people. The regular threats of the ISA, the blatant disregard of racial issues, gender discrimination, discriminatory policies and the abuse of police power has caused many Malaysians to forsake their motherland in search of a home where human rights are rightfully respected.

What about the human rights of people with disabilities? As it stands, their right to work, education, travel and leisure are the least protected. Having put in place the Persons with Disabilities Act on Aug 7, 2008 is not a guarantee that the rights of this community are assured.

Lessons not learned

As much as human rights groups try to educate the ‘powers that be’ on the importance of recognising a human being's basic rights, the more backwards the actions of the authorities seem to be. There are little positive signs shown by the government on understanding and respecting the basic rights of its people.

If indeed human rights were given top priority, then the laws that go into making would commensurate with those rights. Sadly, the reverse is happening, where draconian laws are being implemented to curfew the rights of the people.

The recent talk of the buy-over of the National Heart Institute (IJN) by the wealthy Sime Darby Group is one fine example of the compromise on human rights that might take place should the government gives its consent to Sime Darby to take over the management of IJN.

Indeed, for those enlightened souls, they know better than to expect miracles when it comes to human rights in Malaysia. The many campaigns that were organised to educate the government on human rights fell on deaf ears and continue to be deemed ‘subversive’ by the government.

It is perhaps too much to hope for the government to regain its conscience and realise the ‘ABC’ of human rights and accord them due respect. The respect should be reflected in the way issues affecting humanity are tackled, be they religious, gender or sexuality issues.

To issue judgmental edicts and bigoted views on issues that are universally treated with respect only goes to show the prejudiced mentality of some Malaysians, shockingly especially those who represent the academic field.

Recently, a religious programme ‘Halaqah’ aired on TV9 on Dec 22, deliberated the issue of pengkid or tomboyism. Instead of getting a holistic perspective on the issue of homosexuality the panelists, one a religious motivational speaker and the other an associate professor, unabashedly displayed their ignorance over the entire issue of pengkid and instead rattled on tirades lambasting gays and lesbians, all under the cowardly act of using religion as ammunition.

Both these panelists have displayed their ignorance over the issue of gender and sexuality and parroted verses from the Quran to justify why homosexuality is a sin.

Religion as a threat

India's father of non-violence, Mohandas K Gandhi had put it well when he said that ‘a religion that takes no account of practical affairs and does not help to solve them is no religion’. Using religion therefore as a tool to curtail a person from claiming his fundamental rights is far from wise. Instead, it will only worsen matters, with the religion concerned being viewed with contempt.

The fatwa or religious edict prohibiting Muslims from practicing the ancient art of yoga was certainly a ludicrous move by the National Fatwa Council. To use religion as a pretext to create segregation between people of different races is not what human rights is all about.

Likewise, to issue a fatwa on Muslim women who dress akin to tomboys was also another unwise move. Passing judgement on a person based on their appearance is not what the Quran teaches.

To condemn a person because of their outward appearance goes against every grain of religious teaching and such discrimination is not in any way a part of the human rights declaration.

Bad enough that a fatwa was declared in the 80s banning Muslim transsexuals or mak nyah in Malaysia from undergoing sex reassignment surgery in Malaysia, the result being that many opted to do so in neighbouring countries, courting various risks in the process.

If religion is allowed to be used as an ammunition to rob people of their inherent basic rights, then the time is not far off when religion will if not already, be viewed with contempt. What happens if the National Fatwa Council decides to issue an edict banning Muslims from enjoying ‘Root Beer’ simply because it has the term ‘beer’ to it? One can only wonder how far more the fatwa will be stretched to strip individuals of their basic rights.

Religion is also being used to get Muslim couples wanting to tie the knot to undergo the compulsory HIV screening effective year 2009. Why not have a policy that covers to-be-weds from all races and not just the Muslims?

Reality is that using religion to threaten Muslim couples out to wed is no way to tackle the stigma and discrimination attached to HIV/Aids. It is a definite abuse of human rights as such a policy will affect the quality of life of those who have been screened and that of their families as their confidentiality is not guaranteed.

This policy in fact is only going to complicate the situation because there is no assurance that post- HIV screening, the couple will not expose themselves to high-risk sexual activities or drug use. Sadly, instead of intensifying public awareness, religion is manipulated for reasons that are plain absurd.

Human rights at an all time low

There is no denying that human rights is at an all time low in Malaysia. From the way justice is meted out in cases where blatant disregard of a person's fundamental rights is recorded, there is little to be happy about. Be it rape, domestic violence or cases of snatch theft, little commitment has been reflected by the government to undertake measures to ensure its people are protected when out in open spaces.

All talk and no action has been the government's stand, the result being the public's refusal to vote the Barisan Nasional back into government in the 12th general election. The lack of safe walkways and lighted car parks have time and again been reported by the non-governmental organisations and also the public. Yet, the government has displayed a ‘couldn't care less attitude’. Is it little wonder then the public had a change of heart at the polls?

The abuse of authority by the police is another worry highlighted by the public time and again. Violence against women by policemen in the form of rape has yet to see the government taking this issue seriously. The rape of a teenager by a policeman attached to the Putra Heights police station in Subang Jaya says it all. To mark a girl down and hawk her movements with wrongful intent is not what the police of this country is paid to do. Still, policemen have been reported to abuse their power and sexually violate the rights of women.

What is regretful is that in such cases no one has the guts to come forward and offer help to the rape survivor. In the case of the girl raped by the Putra Heights cop, it was with the help of the local councillor there that the girl managed to seek counseling to help regain her sense of confidence and esteem.

It was annoying that this case, a clear cut case of human rights abuse, was regarded as not important enough for the girl to receive immediate counseling attention, not until the local councillor there managed to track down the girl before seeking the help of a woman's group to counsel the teenager.

Earlier, a sexual harassment case was filed by a restaurant worker at a hotel against a former cabinet minister. In just a few days, the statutory declaration was retracted and the case closed. In what was an apparent human rights abuse of the employee to work under a safe environment, no word of caution came from top leaders of the country warning politicians to behave themselves and respect the rights of others.

Maybe, that is why Malaysia has earned the tag ‘Malaysia boleh’! This is one country where so much wrongdoing is swept under the carpet.

No respect for human rights

Another high-profile case that reflects the poor commitment given to human rights in Malaysia involved the Penan women who claimed they were raped by workers of a logging company. The women, some comprising students, were made pregnant as a result of the rape, yet this abuse was not deemed serious enough by the government to ensure the native women's rights were not easily trampled upon by outsiders.

The sexual violation has in fact been taking place since 1994 where a 12-year-old child was raped by the Police Field Force (now called General Operations Force) personnel yet they were swiftly dismissed by the police even before any investigations had started.

The backlash of such indifference from the police was that it caused an erosion of confidence in the capability of the Sarawak police to execute its service professionally.

A report was made to Suhakam in 2000 but typically no action was initiated by this human rights commission. In the 2008 report of abuse by the Penan women, Malaysia's Inspector-General of Police, Musa Hasan had been reported as saying in Borneo Post that ‘none of a total of 10 rape cases’ investigated by the police in Baram had been associated with the allegations made public by the Bruno Manser Foundation in Sept 2008.

It is puzzling to digest Musa's statement as one cannot help but ask what investigation was really conducted and how was it conducted that it failed to prove that the women were raped? There is no doubt that some form of hanky-panky had taken place, all the expense of the Penan women.

All that becomes evident is that Suhakam, the police and the women, family and community development ministry did and will do nothing to assist the Penan women. Eyes are shut to a heinous crime like rape. How dare both Suhakam and the government show no concern in saving women from being raped, time and again. This clearly shows that to Suhakam and the government, rape is not a serious issue and they will do nothing to ensure that the human rights of women in this country are safeguarded.

The abuse of human rights in Malaysia is also reflected in the manner in which domestic helpers are treated. It is no exaggeration to state that instead of domestic helpers, they are treated as servants with their employers treating them as slaves. The case of Indonesian domestic helper Nirmala Bonat who was savagely abused by her women employer shows how poorly human rights is regarded in Malaysia by employers of domestic helpers.

Apart from the 18 year sentence for Nirmala Bonat's former employer, it must also be made mandatory that such employers no longer be allowed to apply for domestic helpers again. The lessons learned in abusing human rights must be severe so as to ensure that human rights is not taken lightly by anyone.

What, however, will haunt the human rights defenders in Malaysia is the murder of Mongolian national Altantuya Shariibuu. Political analyst Abdul Razak Baginda, who was charged with abetment in Altantuya's murder was, as predicted ,released.

But in the history of human rights, the arrogance of Malaysia's ‘powers that be’ in dismissing human rights of its people has proven that when it comes to respecting the fundamental rights of people, Malaysia scores a zero.

JJ RAY started her career with a mainstream publication. A non-conformist, she soon saw the barriers that went up whenever, through her writing, she tried to make the world a home for one and all.