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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