By : RAMA RAMANATHAN
WHAT have been the characteristics of the courteous nation? Is Malaysia the courteous nation? These dual questions remained with me good after you left the two-hour public forum during the Bar Council yesterday during which you heard Maina Kiai, the United Nations Rapporteur for the Rights to Freedom of Peaceful Assembly as well as of Association, as well as multiform others verbalise about leisure of organisation as well as assembly.
Maina, the Kenyan with degrees from Nairobi as well as Harvard, used the words "civilised" as well as "civilisation" mostly during his 30-minute address. He applauded the mercantile progress of Malaysia, emphasising his clarity of awe after the revisit to the Petronas Twin Towers.
If the measure of progress in courteous world is the gracefulness of the excellent building, afterwards you have been doing very well. But is which an competent measure of civilisation?
Characteristics of the courteous nation
Maina spoke passionately about human rights as well as democracy. He spoke for the United Nations, as the single informed with general law. you walked away with 7 pass thoughts.
1. Presumption of right to association, not restrictions on association. Maina pronounced the measure of the courteous world is not it's ability to endure democracy, though it's ability to thrive on democracy, to delight as well as to s! trengthe n democracy. For Maina, the republic can explain to be courteous usually if the rulers, the citizens as well as the laws creed ("automatically grant") the right to association, not restrictions on association.
2. Freedom of organisation is the benefit, not the threat. Maina pronounced the courteous multitude doesn't view leisure of organisation as the threat; rsther than it views leisure of organisation as the good as well as works hard to to facilitate organisation as well as assembly. Maina tangible "assembly" as "an conscious as well as proxy gathering," including the right to march.
3. The state is obliged for traffic with commotion-creators. An destined feature of life in multitude is the participation as well as display of persons who will emanate commotions or disruptions: the state must restrain them by in effect policing. Maina pronounced the courteous government considers itself duty-bound to understanding with persons who emanate commotions during protests. Allowing people to opening safely helps safeguard confidence as well as helps daunt them from seeking barbarian forms of dialogue.
4. The state facilitates expressions of opposing rights. Maina takes seriously the rights of everyone, e.g. shopkeepers as well as drivers. He pronounced the shopkeeper's right to custom is only as much the right as his customer's right to vent; good rulers will strive to keep the balance in between the rights of those with opposite interests: by facilitating opposing rights, not by curbing or stifling those who await discordant views.
5. Accepting the inevitability of counter-demonstrations. Maina pronounced it is the duty of rulers as well as the military to recognize which counter-demonstrations have been likely, as well as which it is the duty of the state to define as well as enforce measures to avoid confrontation which they can do by gripping potential trouble makers away: a! llowing them another time or space to vent, thereby minimising violations of law as well as order.
6. Limiting the shortcoming of organisers. Maina shares the idea which is deeply held amongst those who believe governments listen best when people criticism visibly only as the forefathers did in the 40's as well as 50's to exude the British. Maina pronounced creation the organisers of assemblies as well as marches obliged for the actions of individuals "is wrong as well as uncivilised," since policing is the state's responsibility. He holds up South Africa as the republic which does this very well.
7. Foreign appropriation is the non-issue. On the subject of appropriation by foreigners, Maina asked: if the government can acquire unfamiliar supports to rise the country, if private corporations can acquire unfamiliar supports to deposit in Malaysia, why should any the single who obtains unfamiliar supports to exercise approved rights be viewed unfavourably?
The erudite Maina left us with an implied question: if you examination the government's proceed to leisure of organisation as well as assembly, will you conclude you have been civilised?
Datuk Baljit Singh Sidhu: Moronic, injured law
Maina was followed by Datuk Baljit Singh Sidhu who reviewed pass aspects of the action which you have previously called ROFA (Restrictions on Freedom of Assembly). Baljit, the senior Malaysian lawyer, compares the need for leisure of organisation as well as public with the relief valve on the pressure cooker. He says public is like the relief valve it allows the controlled recover of pressure, thus reducing inner tension, whilst during the same time divulgence the nature as well as extent of the tension.
It was evident which the meeting was the relief valve for Baljit to display as well as recover his o! wn frust rations with the law. For Baljit, the usually tag which fits the law is "moronic."
Baljit's pass points have been which the law proves those who order us think "human rights" equates to "problem," as well as which those who done the law fail to understand which Human Rights is the journey, not the destination. He pointed out multiform flaws in ROFA, including:
While it is claimed which the law is based New South Wales (NSW) law, the Malaysian chronicle is not the bona fide copy, as the Malaysian chronicle has been stripped of much which is good, as well as encumbered with much which is bad.
The law doesn't residence how "defective notices" should be handled. This is impending since the law requires the organisers of the criticism to give the military 10 days' notice. What if the notice is defective in the little respect? Is there range for amending the notice? The law is silent; given the cunning of the stream military chiefs, they have been most expected to go by the minute of the law (focusing on the "shall") rsther than than the preamble which expects the military to action as facilitator.
While the law prohibits street marches, there is the report which asks to be told of sum of street marches!The interest process supposing for in the law is an interest to an executive (home minister) to overrule another executive (OCPD), not legal review.
The mandate relating to young kids have been absurd, i.e. an 18-year-old can be the company director, though cannot organize the demonstration! The law creates it difficult to organize even for non-controversial subjects, i.e. cancer awareness as well as animal rights.
S Arutchelvan: Ridiculous law, ridiculous policing
Baljit's display was followed by the regularly animated S Arutchelvan, the PSM (Parti S! osialis Malaysia) male whom most of us admire for his loyalty to verbalise for the marginalised as well as direct improved from society, military as well as politicians, mostly by organising as well as participating in demonstrations; my own familiarity with Arul began by the EO6 saga when the Malaysian State immorally detained 6 PSM members.
As the judge of the event, the ever gracious, focused as well as positive Andrew Khoo put it, Arul's participation gives us confidence when you find ourselves in potentially bomb situations with the police. Arul knows as well as patiently though resolutely exercises his rights.
you will only relate 3 things which Arul said:
First, Arul supposing the opposite viewpoint to Maina's sense of the Twin Towers. He described an occasion when he, on foot alone to get the punch during the Twin Towers, was apprehended by thirty policemen, the single of whom asked him to attend with them to the military station. Arul, saying he would do so usually if he was arrested, asked either he was arrested. At this point, the "arresting officer" done the call, obtained an answer, as well as afterwards pronounced "Yes, you have been arrested."
Second, deliberation which it is mostly the poor who need to draw courtesy to their predicament by protests, Arul pronounced it's ridiculous to say protesters should not move their young kids to protests. This is since they cannot afford, baby sitters, crches or maids.
Third, Arul gave the good example of how ridiculous policing in Malaysia can be. He described the predicament of thirty people who went from Cameron Highlands to Kuantan to have representations to the Mentri Besar about the land matter since the MB unsuccessful to reply to multiform of their letters. The MB sent the OCPD to encounter them. The OCPD systematic them to disperse. When they refused, they were arrested as well as taken! to the military hire though the military couldn't figure out what corruption to assign them with. Eventually, they were charged with creation the nuisance of themselves during the military station: for chanting "Police Zalim! Bebaskan Kami!" (Police have been cruel! Freeus!).
Mohd Sha'ani, Suhakam: Repeal it!
The last orator was from Suhakam, the Human Rights Commission of Malaysia. Space does not permit me to report what Commissioner Shaani Abdullah said, alternative than dissolution the law as well as take the healthier view of human rights. Or else, fail abysmally to encounter the goal of being the on-going as well as grown republic by 2020.
So, according to the United Nations, is Malaysia the courteous nation?
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Courtesy of Bonology.com Politically Incorrect Buzz & Buzz
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