The substantive rights protected in it are found in Part III (Articles 6 – 27) of the Covenant.
In the past few weeks, Malaysia has violated almost all the rights contained in the ICCPR. Quite an achievement?
Article 6
1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.
There were many death threats made against the leaders of Bersih, especially against Ambiga. Perkasa has clearly insinuated that non-Malays will be killed when he made reference to the May 13 incident.
Yet no action seems to be taken to protect the right to life. Najib even endorse the silat group who threatened to wage war against Bersih – war meaning to go and kill.
Yesterday, an individual was reported to have died while trying to run away from the police shooting tear gas in his direction.
Article 7
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
The detainees under the Emergency Ordinance have given evidence of how they have been tortured and treated inhumanely while in custody.
Article 9
1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.
Clear example will be again those held under the EO. And the many others arrested today.
Article 10
1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.
See Article 7 above.
Article 12
1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.
91 people including the leaders of Bersih have had this freedom restricted.
Article 13
An alien lawfully in the territory of a State Party to the present Covenant may be expelled therefrom only in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons against his expulsion and to have his case reviewed by, and be represented for the purpose before, the competent authority or a person or persons especially designated by the competent authority.
This needs to be verified but I heard that a foreigner has been deported due to allegations of his/her involvement in funding Bersih.
Article 14
1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.
See Article 9 above – detained without a hearing.
Article 15
1 . No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed.
The government has outlawed the wearing of certain t-shirts!!! How can it be a criminal offence?
Article 16
Everyone shall have the right to recognition everywhere as a person before the law.
This is basically the right to a legal personality – which involves the right to the protection of the law and be equally protected everywhere by law and in practice. See Articles 6, 7, 9, 10, 14 above.
Article 17
1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.
See Articles 6, 7, 9, 10 above.
Article 18
1. 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.
Bersih has been outlawed.
Article 19
1. Everyone shall have the right to hold opinions without interference.
See Article 18 above.
Article 20
1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.
Propaganda for war by the silat groups against Bersih has been endorsed and supported by our PM directly and/or indirectly.
Article 21
The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.
The Bersih rally had not been allowed – in fact, the police had threatened Bersih not to go on with their rally.
Article 22
1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.
Bersih is considered an illegal organisation.
Article 23
1. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
The right to family life of those detained (mentioned above) has not been protected.
Article 24
1. Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State.
The rights of the children of those detained have not been protected.
Article 25
Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions:
(a) To take part in the conduct of public affairs, directly or through freely chosen representatives;
(b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;
This is the whole purpose of Bersih! But they are not allowed to exist.
Article 26
All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
People are discriminated because they agree with the objectives championed by Bersih.
Article 27.
In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language
Ambiga has been labelled as “anti-Islam” allegedly due to the views she held about the Lina Joy’s case and other things she did when she was the President of the Bar Council.
Rights not mentioned:-
Article 8 which talks about slavery
Article 11 which talks about imprisonment for failure to fulfil a contractual obligation
Not bad - almost a clean sweep! No wonder Malaysia has continued to resist ratifying the ICCPR!
Malaysia boleh!
