Summon the Moral Courage to Uphold Human Rights for All

Press Release 

Summon the Moral Courage to Uphold Human Rights for All

On the occasion of Human Rights Day, which is observed on 10 December annually, the Malaysian Bar notes the commendable and much welcomed progress in the strengthening of human rights in Malaysia over the past seven months. They include the Government’s announcements of its intention to abolish the death penalty for all offences, accede to the remaining six core international human rights instruments to which Malaysia is not yet a State Party, establish the Independent Police Complaints and Misconduct Commission, and abolish laws that it itself had described as “tyrannical” and “oppressive”. 

We also note the Government’s stated acknowledgement of and respect for the constitutional rights to freedom of assembly and expression.

However, several events in recent weeks have cast a shadow over the Government’s vision of stronger protection of human rights in Malaysia. Notwithstanding the advancements that have been made — the Prime Minister’s strong speech in support of human rights at the United Nations General Assembly (“UNGA”) in New York on 28 September 2018, the resolution of the Dewan Rakyat on 16 October 2018 making the Prime Minister’s UNGA speech the foundation of Malaysia’s foreign policy, and the reiteration of Malaysia’s commitment to human rights during the Universal Periodic Review of Malaysia by the United Nations Human Rights Council in Geneva on 8 November 2018 — the about-turn of the Government’s intention to accede to the International Convention on the Elimination of All Forms of Racial Discrimination to placate certain parties is at the very least, a disappointment.

At worst however, it could signal a reneging of those very same manifesto promises that attracted voters to support a change in government on 9 May 2018.

The same may be said of the Government’s announcement that it has decided to withdraw the moratorium that it had imposed on the use of the Sedition Act 1948, Section 233 of the Communications and Multimedia Act 1998, Security Offences (Special Measures) Act 2012, Prevention of Terrorism Act 2015, and Prevention of Crime Act 1959 in reaction to incidents of disorderly conduct at the Sri Maha Mariamman Temple in Subang Jaya.

Whilst the Government’s backpedalling on these human rights issues may, at least partly, be due to a desire for expediency in executive action to achieve its desired results, it is a step in the wrong direction.

It takes leaders with an unwavering moral compass and a steadfast commitment to human rights and the rule of law to uphold the dignity of the human person at all times, even in the face of fierce opposition.

On the occasion of Human Rights Day 2018, and particularly on this 70th anniversary of the adoption of the Universal Declaration of Human Rights, the Malaysian Bar calls on the Government to remain faithful to its manifesto promises on human rights, and resolute in its implementation of the same.

In this regard, we recall the words of the late Robert F Kennedy, the 64th United States Attorney General: 

Few men are willing to brave the disapproval of their peers, the censure of their colleagues, the wrath of their society. Moral courage is a rarer commodity than bravery in battle or great intelligence. Yet it is the one essential, vital quality for those who seek to change a world that yields most painfully to change. 

George Varughese 

President 

Malaysian Bar

13 December 2018