Wednesday, December 12, 2018

Human Rights in Malaysia: Let's Focus on Commonalities Not Differences


Human Rights in Malaysia:
 Let’s Focus on Commonalities Not Differences

Human Rights in Malaysia
1.              I am pleased and honoured to have been given a chance to share my thoughts at Suhakam’s 2018 Human Rights Day Celebration on 9th December 2018. I wish to share those thoughts and expand on them in this article.

2.              On 10th December 2018, the World celebrated the 70th anniversary of the Universal Declaration of Human Rights. Unfortunately, 61 years after Malaya gained her independence and the formation of Malaysia in 1963, our country has yet to ratify the Declaration. Despite not ratifying the Universal Declaration of Human Rights, the Government spearheaded the Cairo Declaration of Human Rights.

3.              On 8th December 2018, taking the highest as 500,000 or the lowest at 50,000 (depending on whose estimate one takes to be more accurate, which, in any event is a substantial number of people) marched to Dataran Merdeka to hold a demonstration. It was to celebrate the Government’s decision not to ratify the International Convention for the Elimination of All Forms of Racial Discrimination (“ICERD”).

4.              More important than whether we ratify the Universal Declaration of Human Rights or apply the Cairo Declaration of Human Rights, Malaysians must ask how do we, in our daily lives, deal with our fellow Malaysians?

5.              We respect the Federal Constitution, Article 153 on the special position of the Malays and natives of the States of Sabah and Sarawak and the legitimate interests of other communities in accordance with the provisions of that Article. We agree with the justification for the New Economic Policy which is to promote social cohesion and address inequality. We agree that we must help the Bumiputera break-out from the vicious cycle of poverty and address inequality under which they labour. On the same ground, can we then in good conscience leave behind the poor Indians, Chinese, Kadazans, Muruts, Dayak, Orang Asli and others? Can we allow those caught in the inequality traps languish in extreme deprivation because they are of a different ethnicity or religion or living in a rural or interior region? Do we respect each of our fellow Malaysian’s inherent dignity and worth as a human being or do we accept racial discrimination as part of our society’s norms? It appears after 61 years, we have not been able to reach agreement on these matters.

A New Government A New Approach
6.              We have a new government, let’s adopt a new approach. It is time we focus on our commonalities and not on our differences. We can then build from there.

Cairo Declaration of Human Rights
7.              How far apart are we? Let’s look at the first recital to the Universal Declaration of Human Rights:

“Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.”

8.              Now let us look at Articles 1(a) and (b) of the Cairo Declaration of Human Rights:

(a)           All human beings form one family whose members are united by their subordination to Allah and descent from Adam. All men are equal in terms of basic human dignity and basic obligations and responsibilities without any discrimination on the basis of race, colour, language, belief, sex, religion, political affiliation, social status or other considerations. The true religion is the guarantee for enhancing such dignity along the path to human integrity.

(b)           All human beings are Allah’s subjects and the most loved by Him are those who are most beneficial to his subjects, and no one has superiority over another except on the basis of piety and good deeds.”

9.              There are more ideas and concepts in the Universal Declaration of Human Rights that are in common with the Cairo Declaration of Human Rights than there are differences. It’s bound to be because they are both about the same universal values.

10.          In answer to the argument that the Universal Declaration of Human Rights are Western liberal concepts that are anathema to Asian values, Anwar Ibrahim in his keynote speech at the Asian Press Forum entitled “Media and Society in Asia” said way back on 2 December 1994:

If we want to speak credibly of Asian values, we too must be prepared to champion those ideals which are universal and which belongs to humanity as a whole. It is altogether shameful, if ingenious, to cite Asian values as an excuse for autocratic practices and denial of basic rights and civil liberties. To say that freedom is Western or unAsian is to offend our own traditions and forefathers who gave their lives in the struggle against tyranny and injustices. It is true that Asians lay great emphasis on order and society stability. But it is certainly wrong to regard society as a kind of false god upon whose altar the individual must constantly be sacrificed. No Asian tradition can be cited to support the proposition that in Asia the individual must melt into a faceless community.”

11.          In answer to the argument that non-ratification of the ICERD means Malay rights and Islam allows discrimination, it has been said there is no such thing as a racist Muslim. One is either a racist or a Muslim but never both. There is a beautiful passage in Surah [49] Al-Hujarat Verse 13:

O mankind! We created you from a single (pair) of a male and female, and made you into nations and tribes, that you may know each other (not that you may despise each other). Verily the most honoured of you in the sight of Allah is (he who is) the most righteous of you. And Allah has full knowledge and is well acquainted (with all things).

12.          The Prophet unequivocally condemned tribalism or racial discrimination. It is reported by Abu Hurairah that the Messenger of Allah said:

Whoever fights under the banner of a man who is blind (to the cause for which he is fighting for), who raging for the sake of tribalism or calling for tribalism, or supporting tribalism, and is killed in this state will have died upon ignorance (jahiliyyah).”
Source: Sahih Muslim 4898, Grade: Sahih

Jubayr ibn Mut’im, one of the Companions reported the Prophet said:
“He is not one of us who calls for asabiyyah (tribalism/nationalism) or fights for asabiyyah, or who dies for asabiyyah.”
Sunah Abi Dawud 5121, Grade: Sahih

Therefore, Islam categorically forbids all forms of racial, national, tribal or ethnic superiority. The Quran and the Sunnah expressly forbids discrimination based on race, colour, language, ethnicity or nationality. Every human is a dignified and honoured being.

13.          Thus, it is not our Asian values, race, culture or religion that allows racial or any other form of discrimination but our own personal values. We need to have the courage to say it is wrong when discrimination is practiced by others. Therefore, it is up to each of us to muster the courage and to honestly open our hearts to know the other races better. If we can do so we will find that our God-given diversity is a blessing and not a curse. We can do this by starting a new discourse. It is unfortunate that the Speaker did not allow Anwar Ibrahim’s motion to be debated in Parliament on the Cabinet’s decision not to ratify the ICERD. It would have greatly assisted this public discourse which we must pursue for a new Malaysia. Anwar said it is important to have the debate to avoid any confusion amongst the people that Pakatan Harapan does not deny the position of Bahasa Malaysia, the position of Islam as the official religion of the Federation, loyalty to Malay Royalty and the special position of the Malays and Bumiputera. It is important to have a “juxtaposition of ideas.” The non-ratification of the ICERD does not mean that we accept racial discrimination. Justice requires the rejection of all forms of discrimination. (Hansard 6th December 2018 page 34-36).

14.          We can start rebuilding our society on the areas where we are on common ground. When we do so, we will find the differences become smaller. With goodwill and good faith, we can then bridge these differences. I suggest we work on three areas.


Inequality and Elite Capture
15.          Firstly, we must address inequality. Inequality is corrosive, it erodes human rights, negatively affects economic growth, it squanders talents, stifles social mobility and undermines the very foundation of society.

16.          If we take off our racial tinted lens, look through the haze and smoke of labels and emotional rhetoric, we will see who are those that benefit by our society being racked by inequalities, the breaking down of social cohesion and the tearing apart of our social fabric. They are the elites.

17.          Not one of the citizens and the governments of the 179 parties to the ICERD gain one cent or suffer any prejudice whether Malaysia ratifies the ICERD or not. Not one single Bumiputera household in the B40 is going to secure a privatization project or mega contract because of the non-ratification of the ICERD. Despite the NEP, inequality of income and inequality of wealth have been increasing. The rich are becoming richer and the poor poorer. Throughout the 47 years of the NEP, it is the elites who secured government contracts, projects, privatizations, concessions, being bailed out when things go wrong and turning from millionaires into billionaires. They are the ones who stand to gain by ethnic fractionalization and are now seeking to regain their powers of political patronage to maintain their contracts, profits and rents. 

18.          Elite capture of the BN Government allowed the elites to bend laws and policy choices in their favour. These enabled the elites to block reforms. They were able to perpetuate their positions leading to a vicious cycle of corruption at the expense of the majority. There is no trickle-down effect of the gains by the elites to the Bumiputeras or non-Bumiputeras. This caused the gap in wealth between the rich and the poor to increase.

19.          Even now, the elites are coalescing over the new political leadership in the hope of finding new hosts and cutting new deals.

20.          We can and must agree to avoid elite capture of the new government.

Unfettered Discretionary Power and Corruption
21.          Secondly, we must agree to put an end to corruption. Unfettered discretionary power and an opaque system for the admission of places in the universities, the selection for jobs and award of contracts have led to corruption. We all know that checks and balances to power and requirements for transparency and accountability are the foundations of good governance. There is a famous passage in the Federalists Paper No. 51 by James Madison in defense of proposed national constitution that would establish a structure of “checks and balances”:  

“If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government, which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.”

22.          We must restore the checks and balances and put in place transparent and objective criteria on procurement, selection and appointments to end political patronage and rent-seeking. In recent times some of our political leaders and government servants proved they are certainly no angels and a few are more mortal than others. The new Government may be made of sterner stuff but by bringing back checks and balances, we will deliver our politicians and government servants from the temptations of power.  

The Civil Service and Meritocracy
23.          The third is addressing political patronage in the civil service. UMNO/BN wanted a civil service committed to their political agenda and believed that party allegiance will ensure the successful implementation of their policies. It led to the politicization of the civil service. Promotion and advancement were based on political patronage. Those who were not prepared to play ball were put into cold storage or transferred out while the compliant had their tenure extended. Those concerned to protect their pensions and retirement benefits have to serve in silence while the national coffers were plundered.

24.          We must agree to reinstate meritocracy in the civil service where promotion and advancement is based on capabilities and performance not political patronage. The most able people will produce the best possible results. A country governed by the best and the brightest must surely be better than one that is not.

25.          It is important to restore the public service to its previous professional excellence so that the government can provide high quality education, affordable access to healthcare and public transport, provision of public services to ensure Malaysians enjoy substantive equal opportunities for advancement, transparency, accountability so that the political, social and economic human rights can come to fruition.

Conclusion
26.          The belief in human rights, respect for the inherent dignity and human worth cannot be achieved by the government pushing from the top down. It must come from the bottom up. It must be cultivated into our citizens that fundamental freedoms are basic to our individual well-being. It must be ingrained into our national consciousness that there is no place in our society for discrimination, hatred and bigotry. This must become our new national ethos otherwise there is no use in voting for change. Let’s stop marching and start talking.                

William Leong Jee Keen
MP Selayang
11 December 2018

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