Category Archives: Human Rights
Memperkenalkan Kebebasan Media Dan Bersuara à la PKR
Dua hari lepas, kerajaan negeri Selangor dibawah pimpinan Datuk Seri Azmin Ali memberi arahan kepada semua jabatan, agensi, dan anak syarikat kerajaan negeri Selangor untuk berhenti melanggan akhbar kumpulan Utusan dan Berita Harian.
Ini adalah sebuah berita yang agak menarik bagi saya, kerana selama ini pembangkanglah yang kononnya memperjuangkan hak kebebasan bersuara dan kebebasan media.
Menggunakan alasan kebebasan bersuara adalah satu hak yang diperuntukkan di dalam Perkara 10 Perlembagaan Persekutuan, mereka mahu media mereka diberi kebebasan berkata apa sahaja, walaupun perkara itu satu fitnah atau perkara itu boleh menggugat keselamatan negara.
Tetapi apabila Utusan dan Berita Harian tidak mengikut telunjuk mereka, boleh pula kerajaan PKR mengarahkan jabatan, agensi dan anak syarikat negeri Selangor berhenti melanggan akhbar-akhbar tersebut.
Jadi, di manakah kebebasan media dan kebebasab bersuara yang mereka perjuangkan selama ini?
Kita boleh lihat betapa tidak adilnya dan tidak beretikanya kerajaan pembangkang ini yang jelas mengamalkan sikap ‘double standard’.
‘Cakap tak serupa bikin’, nampaknya kebebasan bersuara hanyalah untuk mereka sahaja dan bukannya untuk semua orang.
Malah, akhbar Utusan Online melaporkan, “Ketua Penerangan UMNO, Tan Sri Annuar Musa berkata, tindakan itu menunjukkan Mohamed Azmin hanya hebat dalam mengharamkan akhbar Melayu, tetapi menikus dalam mengharamkan pesta arak dan penolakan usul memperkasa mahkamah syariah di negeri itu.”
Maka mungkin benarlah dakwaan bahawa Selangor Kini, Sinar Harian dan The Star adalah suara yang menyokong pembangkang!
Apa kata Bersih, COMANGO, C4 dan semua NGO yang selama ini memperjuangkan kebebasan bersuara dan kebebasan akhbar?
Sila tekan imej untuk memperbesarkan gambar:
Ateisme Mencabar Kedaulatan Negara
Sejak beberapa hari yang lalu, beberapa portal berita pro-pembangkang giat menyiarkan laporan yang bersifat tidak benar dan prujudis tentang isu golongan ateis yang asalnya beragama Islam di Malaysia ekoran pendedahan tentang kumpulan Atheist Republic.
Free Malaysia Today (FMT) melaporkan seorang ahli akademik Amerika Syarikat yang berpangkalan di Washington, Prof. Zachary Abuza mengkritik reaksi kerajaan Malaysia terhadap kumpulan ini.
Menurut FMT, Abuza berkata Malaysia bukan lagi sebuah negara yang mengamalkan kesederhanaan seperti sebelum ini.
Ini adalah satu fitnah jahat kerana fahaman ateisme adalah bercanggah dengan undang-undang tertinggi Negara; lebih-lebih lagi untuk bekas umat Islam.
Jelaslah, terdapat usaha terancang untuk menghalalkan ateisme dan murtad.
Menggunakan hujah liberal dari kumpulan yang sememangnya tidak faham atau ‘yang sengaja buat-buat tidak faham’, porta-porta berita pro-pembangkang dilihat cuba menimbulkan persepsi perundangan yang salah dan bertentangan dengan Perlembagaan Persekutuan untuk menjustifikasikan desakan mereka supaya orang Islam bebas berfahaman ateis.
FMT juga melaporkan kata-kata Prof. Datuk Dr. Shad Saleem Faruqi bahawa Perlembagaan Persekutuan tidak menyebut mengenai murtad dan “ia tidak mengharamkan murtad dan tidak membenarkannya”, yang memberi persepsi seolah-olah murtad tidak bercanggah dengan Perlembagaan Persekutuan maka tidak boleh ada peruntukan undang-undang yang sah untuk mengawal gejala songsang ini.
Perkara 3(1) Perlembagaan Persekutuan menyatakan:
“Islam ialah agama bagi Persekutuan; tetapi agama-agama lain boleh diamalkan dengan aman dan damai di mana-mana Bahagian Persekutuan.”
Ini membuktikan bahawa asas kenegaraan kita ialah Islam sebagai agama bagi negara ini tetapi agama-agama lain boleh diamalkan selagi amalan mereka tidak menjejas kesucian Islam dan tidak menimbulkan apa-apa ancaman atau apa-apa kemungkinan ancaman dan kemungkinan yang boleh menjadi ancaman terhadap agama Islam.
Perkara ini telah ditegaskan oleh Tan Sri Apandi Ali yang ketika itu Hakim Mahkamah Persekutuan, di dalam kes Mahkamah Rayuan Titular Roman Catholic Archbishop of Kuala Lumpur v Kementerian Dalam Negeri & Kerajaan Malaysia:
 In short, Article 3(1) was a by-product of the social contract entered into by our founding fathers who collectively produced the Federal Constitution, which is recognized as the Supreme Law of the country. It is my judgment that the purpose and intention of the insertion of the words: “in peace and harmony” in Article 3(1) is to protect the sanctity of Islam as the religion of the country and also to insulate against any threat faced or any possible and probable threat to the religion of Islam.
Perkara 11(4) Perlembagaan Persekutuan menegaskan:
Undang-undang Negeri dan berkenaan dengan Wilayah-Wilayah Persekutuan Kuala Lumpur, Labuan dan Putrajaya, undang-undang persekutuan boleh mengawal atau menyekat pengembangan apa-apa doktrin atau kepercayaan agama di kalangan orang yang menganuti agama Islam.
Ini bermakna Perlembagaan Persekutuan membenarkan undang-undang Negeri dan Persekutuan digubal untuk menyekat penyebaran perkara yang boleh memurtadkan umat Islam termasuk penyebaran fahaman ateis.
Di dalam penghakiman kes Mahkamah Persekutuan ZI Publications Sdn Bhd dan lain-lain v Kerajaan Negeri Selangor, Presiden Mahkamah Rayuan ketika itu, Tan Sri Md Raus Sharif menegaskan:
Federal Constitution allows the Legislature of a State to legislate and enact offences against the precepts of Islam.
Malah “Kebebasan bercakap, berhimpun dan berpersatuan” di dalam Perkara 10(1) adalah tertakluk kepada Fasal (2), (3) dan (4), dimana:
(2) Parlimen boleh melalui undang-undang mengenakan—(a) ke atas hak yang diberikan oleh perenggan (a) Fasal (1), apa-apa sekatan yang didapatinya perlu atau suai manfaatdemi kepentingan keselamatan Persekutuan atau manamana bahagiannya, hubungan baik dengan negara-negaralain, ketenteraman awam atau prinsip moral dan sekatan sekatan yang bertujuan untuk melindungi keistimewaan Parlimen atau mana-mana Dewan Undangan atau untuk membuat peruntukan menentang penghinaan
(c) ke atas hak yang diberikan oleh perenggan (c) Fasal (1), apa-apa sekatan yang didapatinya perlu atau suai manfaat demi kepentingan keselamatan Persekutuan atau mana-mana bahagiannya, ketenteraman awam atau prinsip moral.
Hujah ni diperkuatkan lagi oleh Perkara 37 yang mewajibkan Yang Di-Pertuan Agong untuk bersumpah di atas nama Allah S.W.T. untuk memelihara pada setiap masa agama Islam, seperti apa yang tertulis di dalam Jadual Keempat Perlembagaan Persekutuan, sebelum memulakan tugas Baginda sebagai Yang Di-Pertuan Agong.
Maka, negara mempunyai ‘constitutional duty’ untuk memelihara dan menjaga kesucian agama Islam daripada apa-apa ancaman, kemungkinan ancaman dan apa-apa yang akan memungkinkan berlakunya ancaman terhadap agama Islam, termasuk ancaman pemurtadan termasuk fahaman ateisme.
Malah, menurut Ketua Pegawai Eksekutif IKSIM yang merupakan seorang pakar Perlembagaan, Dato’ Prof. Mahamad Naser Disa, golongan ateis tidak mempunyai hak Perlembagaan (constitutional rights) di negara ini kerana Perlembagaan negara hanya mengiktiraf hak rakyat yang beragama seperti tertulis di dalam Perkara 3 dan 11 dan Prinsip pertama Rukun Negara iaitu “Percaya Kepada Tuhan”.
Huraian prinsip pertama Rukun Negara kepada kedaulatan negara amat terang dan jelas:
Bangsa dan Negara ini telah diwujudkan atas kepercayaan yang kukuh kepada Tuhan. Sesungguhnya dengan nama Tuhanlah, Bangsa dan Negara ini diwujudkan sebagai sebuah Bangsa dan Negara yang berdaulat. – Jabatan Perpaduan Dan Integrasi Negara (Jabatan Perdana Menteri)
Namun terdapat pendapat songsang dan salah yang menafsirkan hak beragama seperti yang di jelaskan di dalam Perkara 11(1) Perlembagaan Persekutuan sebagai termasuk hak untuk tidak beragama dan kepercayaan kepada Tuhan juga merangkumi tidak percaya kepada Tuhan.
Tafsiran songsang itu tidak benar kerana asas pengertian sesuatu undang-undang itu mestilah, pada mulanya, dicari dalam bahasa undang-undang itu ditulis, dan jika bahasanya terang dan jelas, maka kewajiban tafsiran tidak timbul dan fungsi tunggal mahkamah adalah untuk menguatkuasakannya mengikut istilahnya.
The 1917 American case of Caminetti v. United States had held that “it is elementary that the meaning of a statute must, in the first instance, be sought in the language in which the act is framed, and if that is plain… the sole function of the courts is to enforce it according to its terms.” And if a statute’s language is plain and clear, the court further warned that “the duty of interpretation does not arise, and the rules which are to aid doubtful meanings need no discussion,”
Jelasnya tafsiran undang-undang tidak boleh dibuat dengan sesuka hati, apalagi dengan menambah perkataan yang tidak ada tertulis di dalam undang-undang itu, dalam hal ini, di dalam Perlembagaan Persekutuan.
Inilah nilai dan fahaman songsang golongan liberal yang mahu merosakkan tatasusila dan tamadun rakyat Malaysia untuk membebaskan diri daripada undang-undang agama yang akhirnya mennghakis sifat ketamadunan masyarakat kita.
Menurut seorang lagi pakar Perlembagaan Prof. Dr. Shamrahayu Abd. Aziz, hak asasi hanya boleh menjadi hak apabila ianya tidak melanggar undang-undang, maka mereka yang berfahaman ateis tiada hak dan tidak boleh menuntut hak mereka kerana Perlembagaan Persekutuan hanya mengiktiraf rakyat yang beragama.
Sesungguhnya dengan nama Tuhanlah, Bangsa dan Negara ini diwujudkan sebagai sebuah Bangsa dan Negara yang berdaulat, maka jelaslah fahaman ateisme yang tidak percaya kewujudan Tuhan mencabar dan menjejaskan kedaulatan negara.
Human Rights in Relation to the Federal Constitution of Malaysia – Part 2
The same goes for the Convention on the Rights of the Child or CRC. Article 14 of CRC gives the rights to each child to choose his or her own belief or religion. This Article cannot be implemented on children born to Muslim parents, for it is against the teaching of Islam, hence against the Articles 3(1), 38, 76 and 159(5).
Article 14 of CRC states:
States Parties shall respect the right of the child to freedom of thought, conscience and religion.
It is also important to note that Article 15 of CRC contradicts the Section 4(1)(e) of the Peaceful Assembly Act of Malaysia; which brings the question if the UNHRC can overrule the law of a sovereign country. Article 15 of the CRC allows children to participate in peaceful assemblies while the Section 4(1)(e) of the Peaceful Assembly Act of Malaysia restricted children from participating in peaceful assemblies.
Article 15 of the CRC:
States Parties recognize the rights of the child to freedom of association and to freedom of peaceful assembly.
Section 4(1)(e) of the Peaceful Assembly Act of Malaysia:
The right to organize an assembly or participate in an assembly peaceably and without arms under this Act shall not extend as following – in relation to the participation in an assembly other than an assembly specified in the Second Schedule, a child.
Sexual Orientation and Gender Identity (SOGI) that gives the rights to the LGBTIQ people, is against not only the teaching of Islam but also the teaching of other main religions recognised by our nation. Therefore, the rights of LGBTIQ people is unconstitutional in Malaysia. In Malaysia, the laws that concerns the Muslims must be subjected to the Islamic law as stated in the conclusion of the judgement of ZI Publications Sdn Bhd and Another v Kerajaan Negeri Selangor, where The Right Honourable Tan Sri Md Raus Sharif said that:
”Taking the Federal Constitution as a whole, it is clear that it was the intention of the framers of our Constitution to allow Muslims in this country to be also governed by Islamic personal law”.
ICERD or International Convention on the Elimination of All Forms of Racial Discrimination is against the Article 153 of the FC; hence, it is another violation to our FC. In the name of human rights, the UNHRC is forcing the government of Malaysia to abolish the Article 153 without respecting the fact that this Article is actually an important part of our Social Contract. The Article was drafted as a guarantee to save guard the rights of the Malays and the Bumiputras, in return to the citizenship given to the non-citizen Chinese and Indian immigrants during the forming of Malaya.
More importantly, ICERD is a violation to the racial harmony of the people of Malaysia as Article 153 is the Article that protects the human rights of each and every citizen of Malaysia as agreed by our great forefathers. That makes, Article 153 as one of the four sensitive issues that cannot be questioned according to Article 10(4) of our FC:
In imposing restrictions in the interest of the security of the Federation or any part thereof or public order under paragraph (a) of Clause (2), Parliament may pass law prohibiting the questioning of any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III, Article 152, 153 or 181 otherwise than in relation to the implementation thereof as may be specified in such law.
Even questioning any of the four sensitive issues is punishable under the Section 3(1)(f) of the Sedition Act of Malaysia; what more the calls for it to be abolished as ordered by the UNHRC.
Section 3(1)(f) of the Sedition Act of Malaysia:
A “seditious tendency” is a tendency — to question any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III of the Federal Constitution or Article 152, 153 or 181 of the Federal Constitution.
Human rights regulations must be subjected to the principles of the Member States and not the other way around. Islam is the religion of Malaysia, while in Argentina, Roman Catholic is its official religion. Other countries like the USA are secular countries. The basic principles of the countries make huge differences in their state laws and constitutions. As the fundamental rights and aspirations of the people are different, the human rights regulations as the UNHRC conventions cannot be standardized; but must be adapted to the needs of the people in its Member States as stated in Part I, Para 5 of Vienna Declaration and Programme of Action 1993.
In the FC of Malaysia, Islam as the Religion of the Federation is written in Article 3(1); which is positioned higher than “Freedom of Speech and Expression” that is placed in Article 10, in the Part II of the FC. Article 1 of the FC explains the name of our country, the name of the states and the territories of the Federation, while Article 2 is about the admission of new territories into the Federation. That proves freedom of speech and expression in Malaysia must be harmonious with the principals of Islam. In the Court of Appeal’s ruling for the case of Kalimah Allah, the then Federal Court judge Datuk Seri Mohamed Apandi Ali said:
 It is my observation that the words “in peace and harmony” in Article 3(1) has a historical background and dimension, to the effect that those words are not without significance. The Article places the religion of Islam at par with the other basic structures of the Constitution, as it is the 3 rd in the order of precedence of the Articles that were within the confines of Part I of the Constitution. It is pertinent to note that the fundamental liberties Articles were grouped together subsequently under Part II of the Constitution.
So, in order to ensure the rights of all members of the human family which is the foundation of freedom, justice and peace, UNHRC must note that:
- Recognition of the inherent dignity of human rights must be as according to Part I, Para 5 of Vienna Declaration and Programme of Action 1993.
- Stop bullying Member States into submitting to the rules that contradict the values and fundamental needs and rights of their people.
- Acknowledged the aspirations and the rights of all peoples; not only the people with liberal ideology or selective people from selective Member States.
- UNHRC must respect the rules of law of its Member States as they are sovereign countries; therefore the UNHRC conventions cannot overrule the constitutions and laws of the Member States.
- Equality is not always fair. UNHRC must also focus equity.
- UNHRC must also take actions on Western countries where human rights of the minorities such as Muslims are not being respected.
- Protect the rights of children as granted in CRC in conflict areas and war zones.
- UNHRC as the world body promoting fair and peace, must be professional in acknowledging stake holders of its Member States in the process of Universal Periodic Review (UPR). It is a disgrace for the United Nations to recognise an illegal coalition like COMANGO that represented only a minority voice of Malaysian, as the main stakeholder; and their baseless and malicious allegations are accepted as concrete proves in deeming the standard of human rights in Malaysia.
Human Rights in Relation to the Federal Constitution of Malaysia – Part 1
Centre for Human Rights Research and Advocacy (CENTHRA) hosted an essay contest in 2015. I wanted to take part but I was not allowed because the age limit was from 18 years old and above. I was twelve at the time but I still wrote an essay on the topic given, and sent it to CENTHRA as my submission for the contest even though I was told that I cannot take part because I was too young. I think young people like me must also be given the chance to voice out our opinions and not to be considered as immature. We also have our rights as granted by the Federal Constitution and the Convention of the Rights of the Child and we hope to be given the opportunity to be included in making the decision for the future of our country.
The Universal Declaration of Human Rights (UDHR) was drafted as the result of the Second World War experience. It was proclaimed by the United Nations General Assembly in Paris on 10 December, 1948 General Assembly resolution 217 A as a common standard of achievements for all peoples and all nations.
Generally when people talk about human rights, they will be referring to the United Nations Human Rights Council’s (UNHRC) “common standard law of human rights” that was drafted by a group of people who subscribed to the ideology of liberalism.
The question is, is it fair to use the UDHR as the universal standard human rights law for all peoples from all nations in this world?
The Vienna Declaration and Programme of Action 1993 states the human rights regulations must take into account, the religions, customs and cultural systems of the region. In other words, the human rights of the people must be subjected to the aspiration of the people; and not only subjected to the aspiration of the committee of the UNHRC and the drafters of the UDHR alone.
Part I, Para 5 of Vienna Declaration and Programme of Action 1993:
All human rights are universal, indivisible and interdependent and interrelated. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis. While the significance of national and regional particularities and various historical, cultural and religious backgrounds must be borne in mind, it is the duty of States, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms.
In my opinion, human rights regulations must be subjected to the state laws of the Member State. Let us take Malaysia as an example. Malaysia is a country which has stated in its Federal Constitution (FC) that, “Islam is the religion of the Federation”, making Malaysia an Islamic country.
Article 3(1) of the FC:
Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation.
Hence, any UNHRC human rights regulations that are against the law of Islam are against the FC which is the supreme law of Malaysia, as stated in Article 4 of the FC:
This Constitution is the supreme law of the Federation and any law passed after Merdeka Day which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void.
Since the religion of Malaysia is placed under Article 3(1) of the FC, it shows the importance of Islam in the FC; hence the interpretation of other Articles of the FC must be harmonious with Islam; including the Articles about the human right of its people.
If we look at the UNHRC human rights conventions, we can see that some of the Articles of the conventions are against the FC. First, let us look at Article 18 of ICCPR:
Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
Thus, Article 18 of the ICCPR is inapplicable and unconstitutional in Malaysia because, while Article 11(1) of the FC guarantees freedom of religion; the rights to propagate is subjected to Article 11(4). In the Federal Court judgement of ZI Publications Sdn Bhd and Another v Kerajaan Negeri Selangor, The Right Honourable Tan Sri Md Raus Sharif said:
“Thus, in the present case, we are of the view that Article 10 of the Federal Constitution must be read in particular with Articles 3(1), 11, 74(2) and 121. Article 3(1) declares Islam as the religion of the Federation. Article 11 guarantees every person’s right to profess and practise his religion and to propagate it. With regard to propagation, there is a limitation imposed by Article 11(4) which reads:-
“(4) State Law and in respect of the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam.”
In the same judgement, Tan Sri Md Raus Sharif concluded that:
Federal Constitution allows the Legislature of a State to legislate and enact offences against the precepts of Islam. Taking the Federal Constitution as a whole, it is clear that it was the intention of the framers of our Constitution to allow Muslims in this country to be also governed by Islamic personal law.
Therefore, unlike the UNHRC liberal interpretation of freedom of religion, it is the right of the Muslims to be governed according to the Islamic law and to be protected against the secular and liberal ideology of the UNHRC common human rights regulations; apart from the freedom to manifest Islam in worship, observance, practice and teaching.
Article 18 of the ICCPR also gives people the freedom to choose whether they want to believe or not to believe in god. It is very important to understand that according to the Rukun Negara or the National Principles, the “freedom to have or to adopt a religion or belief of his choice” means ‘freedom of religion’ and not ‘freedom from religion’. The Rukun Negara clearly states that all citizens of Malaysia must believe in god in its first principal which is, ‘Kepercayaan kepada Tuhan’ or ‘Belief in God’. As opposed to the UNHRC’s ideas of human rights, atheism is not part of the rights guaranteed under the freedom of religion in Malaysia.
Apart from going against the Articles 3(1) and 11(4) of the FC; Article 18 of the ICCPR is also against the Articles 37, 38, 76 and 159(5) of the FC. That means it should be void even if it was signed by the federal government as pressured by the UNHRC.
According to Article 38 of the FC, the Parliament cannot make into law and implement Article 18 of ICCPR without the consent of the Conference of Rulers because it touches the matters of religious acts and observances.
Article 38(2)(b) of FC:
The Conference of Rulers shall exercise its functions of— (b) agreeing or disagreeing to the extension of any religious acts, observances or ceremonies to the Federation as a whole;
Article 38(2)(c) of FC:
consenting or withholding consent to any law and making or giving advice on any appointment which under this Constitution requires the consent of the Conference or is to be made by or after consultation with the Conference;
Also, Article 18 of ICCPR cannot be implemented and made into law without the concern of the Government of the State, as in accordance to Article 76 of the FC.
Article 76(1)(a) of FC:
Parliament may make laws with respect to any matter enumerated in the State List, but only as follows, that is to say – for the purpose of implementing any treaty, agreement or convention between the Federation and any other country, or any decision of an international organization of which the Federation is a member.
Article 76(2) ) of FC:
No law shall be made in pursuance of paragraph (a) of Clause (1) with respect to any matters of Islamic law or the custom of the Malays or to any matters of native law or custom in the States of Sabah and Sarawak and no Bill for a law under that paragraph shall be introduced into either House of Parliament until the Government of any State concerned has been consulted.
To be continued in Part II…
Video Aksi Siti Zabedah Kasim di Wacana Akta 355
Above was how a human rights lawyer, Siti Zabedah Kasim acted during a program hosted by Sinar Harian entitled, “Wacana Sinar Harian Akta 355: Antara Realiti dan Persepsi” at the Auditorium Sultan Muhammad ke-V, Kompleks Kumpulan Media Karangkraf.
The human rights lawyer in a very loud voice said that she is against the move to amend Act 355 which she said is an attempt to empower the Syariah Court.
She went on saying:
“Saya Melayu, saya seorang Melayu. Dan saya seorang Islam. Kenapa saya perlu dicontrol, didictate oleh orang orang begini. Ini adalah antara saya dengan tuhan.”
My question is, why is she so scared of the empowerment the Syariah Court that she wants to discriminate the rights of most Muslims who want to empower the Syariah Court?
She rudely pointed her middle finger as a sign of insult to those who do not agree with her loud speech.
Now, she pointed her middle finger and claimed that she is a Muslim, aren’t she ashamed of herself?
Her actions insult the Muslims because it gives the image that Muslims are rude when in Islam it is wrong to insult others.
Is the Bar Council happy with this kind of behaviour shown by its member in a public event?
A Hidden Treasure Of The Federal Constitution
Studying the case of ZI Publications Sdn Bhd and Another v Kerajaan Negeri Selangor , I came across an Article of the Federal Constitution of Malaysia that attracts my attention.
The Article is Article 76, which explains about “the power of Parliament to legislate for states in certain cases”.
Clause 2 of Article 76 or Article 76(2) says:
(2) No law shall be made in pursuance of paragraph (a) of Clause (1) with respect to any matters of Islamic law or the custom of the Malays or to any matters of native law or custom in the States of Sabah and Sarawak and no Bill for a law under that paragraph shall be introduced into either House of Parliament until the Government of any State concerned has been consulted.
Paragraph (a) of Clause (1),
Parliament may make laws with respect to any matter enumerated in the State List, but only as follows, that is to say— for the purpose of implementing any treaty, agreement or convention between the Federation and any other country, or any decision of an international organization of which the Federation is a member
This Article is interesting because it says that in matters related to the “Islamic law or the custom of the Malays or to any matters of native law or custom in the States of Sabah and Sarawak”, no laws shall be introduced into either House of Parliament until the Government of any State concerned has been consulted.
Hence, I think that the Yang di-Pertuan Agong and the Sultans as the heads of states, have the rights to give the final says in the making of laws regarding these important matters and not the parliament.
This Article is precisely harmonious with Article 3 that says the Sultans are the Head of the religion of Islam in their respective states and Yang di-Pertuan Agong as the Head of the religion of Islam in that states without Sultan, and Article 153 where the Yang di-Pertuan Agong “shall exercise his functions under this Constitution and federal law in such manner as may be necessary to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak”.
The human rights activists are lobbying the United Nations Human Rights Council (UNHRC) to force the government of Malaysia to sign and to fully ratify some treaties and conventions that are against the teaching of Islam, the State laws, the Federal Constitution and the National Principals of Malaysia such as Article 18 of ICCPR, Article 14 of CRC, SOGI, and ICERD.
Can the parliament enact new laws to nullify the State laws regarding the matter?
I think it is the States and not the parliament that have the power to enact new laws in order to ratify the conventions because the enforcement of Islamic law on Muslim citizens is decided independently by each state.
The judgments by the Federal Court in the case of ZI Publications Sdn Bhd and Another v Kerajaan Negeri Selangor and the case of Negeri Sembilan’s transgenders supported these facts.
TPPA: A Step Backwards For Malaysia’s Sovereignity?
Malaysia is supposed to sign the Trans Pacific Partnership Agreement or TPPA by the end of this year.
The agreement seems good since it is claimed that it can boost Malaysia’s economy by “enhance trade and investment among the TPPA partner countries, to promote innovation, economic growth and development, and to support the creation and retention of jobs.”
But in reality, the agreement can challenge our rule of laws, our Federal Constitution and the sovereignty of our country because through Investor-State Dispute Settlement (ISDS), foreign companies that operate in Malaysia can take Malaysia as their host country to the International Court Of Arbitration if they are not happy with our local laws.
The case of Bilcon, using the ISDS mechanism against the government of Canada is a very good example of how a foreign company can challenge the rule of laws and the sovereignty of its host country for their own benefit.
Bilcon cannot take the government of Canada to a foreign court if Canada did not sign the North American Free Trade Agreement (NAFTA) because Canada is a sovereign country.
I would like to refer to the case of Duff Development Company v Government of Kelantan (1924), where the court in England rejected the the case since Kelantan is a sovereign independent State at the time; meaning Duff Development Company cannot take a sovereign country to another country’s court.
So if Malaysia sign the TPPA, Malaysia may face what the government of Canada faced in the Bilcon case where the Canadian government has no control over what is right and fair to its own people and country.
Through ISDS, International Court of Arbitration can also challenge the Articles 3(1), 11(4) and 153 of the Federal Constitution of Malaysia which means a foreign invasion on the sovereign of our country.
Is it worth to open the doors to foreign invasion on the sovereign of our country for economic gains?
In fact, many economic experts have warned us that TPPA is more profitable and gives more power to bigger foreign corporations than our small local industries and it is not fair for our small local industries because they must compete with much bigger companies in an open market.
I am afraid that TPPA will give bigger chances to powerful countries to control the economy of smaller and less powerful countries like Malaysia; something like a new way of invading another country like what had happened in the old times.
Signing the TPPA would be a step backwards for Malaysia as a a sovereign independent State.
TPPA opens the doors to foreign companies to make profit in another country without respecting the local laws, customs, environment and the benefit to their host countries because like what happened in the case of Bilcon, the company is only interested in making profit and has no obligation to make sure that the local people and the country really benefit from its operation.
Maintaining Racial Harmony In Malaysia
Yesterday, was a big day for the Malays, when the city of Kuala Lumpur was flooded by “baju merah” to mark their support for the legitimately elected government after the “baju kuning” of illegal Bersih 4 demonstration claimed that they are the voices of the nation.
The rally was a great success despite the instigation made by people whose idea about human rights and freedom of speech is, ‘it is our right to organise a rally to bash the government, Article 3(1) and Article 153 of the Federal Constitution of Malaysia’ but ‘it is racist to organise a rally to support the government, Article 3(1) and Article 153 of the Federal Constitution of Malaysia.’
I am proud of my country and do not want the sovereignty of my country to be ‘invaded’ by foreign powers and ideologies.
Our country has always been peaceful apart from the racial riot of 13 May 1969 that killed a lot of innocent people that was started by people who are selfish and do not respect the Federal Constitution.
To protect the stability of our country and to avoid such tragedy, the government then amended the Akta Hasutan.
Now the people who call themselves as human right activists are again questioning some Articles in our Federal Constitution and want the Akta Hasutan to be abolished.
And they are the people who are behind the Bersih illegal demonstration.
They call the Himpunan Rakyat Bersatu racist because the participants are the Malays and bumiputeras but Bersih 4 is not racist because 90% of the participants were Chinese!
Are they being fair when they demand their rights but deny the rights of others?
We must learn from history and learn to respect each others’ rights to maintain racial harmony and we can start from listening to what had been said by our great forefathers:
BTN ‘Ultra Malay racist’?
I’ve attended several BTN programs with my father and I do not find BTN speakers being racist or trying to spew hatred towards others as claimed by G25 as reported on the Malay Mail Online.
Instead BTN program give awareness about the importance of having integrity, dignity and being patriotic to our beloved country.
Below are my answers to G25’s statements, the Malay Mail Online’s text is in red and my answer will be in blue.
The National Civics Bureau (BTN) is undermining Putrajaya’s effort to promote inclusiveness among races, former ambassador Datuk Noor Farida Ariffin said yesterday after the agency’s slides critical of several groups were leaked online.
Noor Farida also slammed BTN for toeing the line of religious authorities by demonising liberalism and pluralism without explaining why, when such concepts are reflected in the Quran, the Federal Constitution, as well as the Rukunegara.
Since Datuk Farida mentioned the Quran, I think that she is talking about liberalism and pluralism of religion. For a person who believes on pluralism of religion, all religions are the same while a person who believes in liberalism of religion feels that he is free from the laws of his religion, free to believe in god or not to believe in god and is free to do anything he wants.
So, liberalism and pluralism of religion are against the teaching of Islam and the Federal Constitution of Malaysia; and liberalism of religion is also against the Rukun Negara or the National Principles. Article 3(1) of the Federal Constitution says that, Islam is the religion of the Federation, meaning no other religion can be at par with Islam as said by Justice Mohd Noor Abdullah in his ruling of the case, Meor Atiqul Rahman vs Fatimah Sihi and others. (Please click here for more information). Since a liberal person is even free to chose not to believe in god, religious pluralism is also against the first principle of Rukun Negara which is, “Believe In God”.
“There seems to be very little doubt that BTN is an ultra Malay racist agency. How the government can establish an organisation like this and use civil servants and public funds boggles the mind,” said Noor Farida, the spokesman of G25, a group of former Malay high-ranking civil servants.
G25 labels programs that give awareness about understanding the history of Malaysia, the Federal Constitution and the agendas of our enemies including foreign militant groups as racist? Now, what is wrong about educating the people? Does G25 actually want Malaysian to be easily fooled by the agendas of our enemies so that they’ll be wasting their time rolling on the roads like the Bersih demonstrators?
“Instead of promoting national unity, the BTN is undermining it. Notions like Ketuanan Melayu (Malay Supremacy) appears to be it’s main agenda. Whatever happened to the Ministry of National Unity? It has now been relegated to nothing.”
Does G25 refers Ketuanan Melayu to Malay privileges as granted by the Social Contract and Article 153 of the Federal Constitution? Social Contract and Article 153 is important in maintaining the national unity. Emeritus Professor Tan Sri Dr. Khoo Kay Kim is a Chinese but he talks about the importance of understanding the history behind the Social Contract and Article 153 and explained why it must be respected and not to be questioned by any race including the Malays in order to maintain the national unity. Please click here for Dr. Khoo Kay Kim: Malaya For The Malays (Video)
My question is, why is G25 not happy about Ketuanan Melayu but does not bother when the Malays is being humiliated and provoked?
In one set of slides leaked online, BTN accused members of the G25 of being a product of a “socialist era” through their English-medium education in the 1970s, and blamed it for opening doors for pluralist and liberal movements.
G25 is not promoting liberalism and pluralism? G25 condemned BTN, Datuk Seri Jamil Khir Baharom and other Islamic authorities when they are doing their jobs but G25 says nothing about the malicious statements made by people like Lim Kit Siang, Eric Paulsen and Tony Pua that humiliate and slender Islam, the Muslims and JAKIM.
The BTN also disputed claims that the G25 has no political motive through its strongly-worded open letter last year, pointing out to Noor Farida’s role in civil service.
It is hard to believe that G25’s open letter has no political motive. (Please click here G25’s open letter).
Like opposition leaders, Datuk Farida condemned the prime minister for not listening to the DAP powered Bersih 4’s demands (please click here for the article). She claimed that the Bersih 4 demonstrators, which according to a Malaysiakini’s report were 90% Chinese are the voices of most Malaysian. But she did not condemn the Bersih demonstrators for the provocations made by them towards the leaders of the Malay parties, UMNO and PAS.
Noor Farida laughed off BTN’s suggestion of a “socialist” influence in the 1970s, admitting that she was astonished that her role representing Malaysia at the International Court of Justice when she served as the ambassador to the Netherlands meant a “political interest”.
“Does this mean that civil servants performing their duties are politicians?” asked Noor Farida, who is also a former Sessions Court judge.
Malaysian civil servants serve the government, which serve the Yang Di-Pertuan Agong. So according to a constitutional expert, Professor Dato’ Mahamad Naser Disa in his book, “Islam Asas Kenegaraan Malaysia,” civil servants must uphold the oath made by the Yang Di-Pertuan Agong as in Article 37(1) of the Federal Constitution of Malaysia to protect Islam as the Religion of the Federation and other Articles of the Federal Constitutions and not to go against them.
Noor Farida also claimed that BTN is out of touch with the reality, after the agency claimed in another set of slides that “racism” can unite a race for a “good purpose”.
“[This] shows a low IQ on the part of the BTN officer who prepared the report as well as a total lack of sensitivity … This also indicates the total lack of competence, critical thinking skills and professionalism of BTN staff. Is this the calibre of civil servants that we have now?” said Noor Farida.
G25 should attend BTN programs before calling them racist and undermining the national unity. National unity is not about listening to demands from the opposition supporter groups like Bersih and COMANGO that are working hard to tarnish the name of our country. In last week’s BTN program, Datin Paduka Datuk Professor Dr. Ramlah Adam reminded us that Malaysia is Tanah Melayu. Our Raja-raja Melayu had sacrificed their absolute powers to unite the Malay States as one; and the Chinese and Indians who were stateless before our Merdeka Day were given citizenship while the Malays who are the citizens of Tanah Melayu were given the Malay privileges as written in Article 153. Malaysian must be fair to each other but fairness must not always means equality because equality is not always fair.
To be united, Malaysians of all races must understand history, uphold the Federal Constitution and not question the Malay privileges.
The Malays are not racist, only those who are racist call other people racist.
G25, this is what Tun Tan Siew Sin said in answering to DAP’s attack on the matter during the 1969 election: