Sep

10

suhakam-logo.jpgI find it rather ironic that on the day chosen to celebrate human rights in Malaysia, we hear of news that the police have used live bullets to disperse people who have gone to attend a ceramah in Kuala Terengganu. (As expected, the mainstream media have distorted the news. For a more balanced report, see Malaysiakini’s coverage.)

When I heard this news yesterday, I was at a Suhakam conference in Kuala Lumpur. The conference was entitled “Human Rights & Election”. The ceramah in Kuala Terengganu was organised by Bersih, a coalition for clean and fair elections, on 8 September – the eve of the Malaysian Human Rights Day.

At the conference, as expected, several speakers spoke about human rights and elections. Notably, in light of the incident in Kuala Terengganu, Dr. Mavis Puthucheary said that the police should not simply use the excuse of “public order” to deny people the freedom of assembly. Indeed, she said that the police should instead be using their resources to ensure that public order is maintained and protect the rakyat’s right to freedom of expression and assembly. (If I am not mistaken, at that time, Dr. Puthucheary was not aware of what happened in Kuala Terengganu the night before.)

Overall, the speakers made it quite clear that Elections Commission and the Barisan Nasional government have undermined the legitimacy of the electoral process in Malaysia. Indeed, Tunku Abdul Aziz Ibrahim even referred to the real social contract and pointed out that it is a contract between the state and the people (as opposed to the one between the different racial groupings supposedly embodied in the Federal Constitution).

This brings me to a point that I have often made: the BN government is an illegitimate government. It has no real authority to govern Malaysia because its electoral success is based on manipulation, corruption and coercion. Most importantly, the BN government’s continued administration of this country does not reflect the will of the people.

According to Wikipedia, “the fundamental features of democracies include government based on majority rule and the consent of the governed, the existence of free and fair elections, the protection of political minorities, respect for basic human rights, equality before the law, due process, and political pluralism.”

Can the BN government honestly say that they fulfill any of these aspects of democracy?

From a political-legal standpoint, I would say that the BN government has fundamentally breached the social contract with the rakyat. If we look at the branches of government, none of them can claim to be independent and effective – the executive serves a few corrupt leaders, the legislature is a mere rubber stamp for the executive and the judiciary is now also well-trained to obey instructions from the executive. Indeed, even the Human Rights Commission is a toothless tiger.

Considering the state of affairs in Malaysia, I personally believe that it is our duty as citizens to defy unjust laws and exercise our human rights with pride and commitment. It goes without saying that we must act responsibly, but that must not stop us from making the bold and correct decision to fight for justice.


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