Zaid Kamaruddin and Lim Guan Eng.
The Malaysian Government has recognised the Universal Declaration of Human Rights (UDHR) more by breach than compliance. In Malaysia, there is no equality before the law; no right to a fair and public trial; no presumption of innocence; no right to peaceful assembly; no freedom of thought, conscience and religion; and no freedom of opinion and expression.
The Malaysian Government has steadfastly refused to ratify the International Covenant on Economic, Social and Cultural Rights and International Covenant on Civil and Political Rights since both came into force in 1976. Although Malaysia has not ratified the principal covenants that have flowed from the UDHR, it is required as a member of the United Nations to uphold the principles of the UDHR.
Under the UN Charter, Malaysia has pledged to take joint and separate action with the UN for the achievement of universal respect for – and observance of – human rights and fundamental freedoms. In addition, it is required to act in accordance with UN resolutions and declarations on human rights. Instead, Malaysia has deemed fit to publicly criticise and question the application of these standards to the country’s political, economic and social context, especially in relation to an ill-defined “Asian values” system. In customary international law, all human rights are universal, indivisible, interdependent and interrelated. The only way that States can justify their non-compliance with customary norms on some human rights is on the basis of a public emergency threatening the life of the nation, or similar necessity: a criterion that does not apply to Malaysia.
There is also no freedom from being subjected to cruel, inhuman or degrading treatment or punishment. Instead, government agencies’ use of torture – whether consciously or unconsciously – is not only prevalent but is gaining ascendancy in Malaysia. It is not surprising therefore that the government refuses to ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Torture has been part of police and government culture since the early decades after independence in 1957, but it has always been hidden from the public eye, never seen as a burning issue that represents a gross violation of basic human rights. Apathy to this silent culture of torture by a large section of the public could be due to a host of factors, among them feudal traditions, an attitude that criminals caught should be tortured as a form of punishment and even a sense of “public order”.
Despite growing awareness, there was little positive reaction from the public, as people have tended to believe the government’s denials or self-serving explanations for unfortunate events that have led to torture. The public has been moved only when cases of torture and beatings have been caught on camera, completely repudiating the government’s lies. Nothing highlighted the government’s total loss of credibility more than when former Deputy Prime Minister Anwar Ibrahim was severely beaten up the Inspector-General of Police himself in 1998. The Prime Minister’s attempts to avoid responsibility by saying that Anwar Ibrahim’s injuries were self-inflicted only aroused anger and hardened sentiments against such torture. Yet, the government has consistently denied that torture exists within the security services.
The fight against torture will only succeed when public support is galvanised to pass laws that not only ban but also provide remedies to victims of torture. Draconian laws that directly or indirectly encourage physical, psychological or mental torture – the Internal Security Act, the Police Act, the Sedition Act, the Printing Presses & Publications Act and the Official Secrets Act – need to be abolished or revised.
Judicial independence must also be established to ensure that no evidence obtained under duress or torture is permitted. Clear guidelines must be established which requires heavy punishment for perpetrators, and compensation must be given to the victims. The Malaysian Government must be pressured to ratify international covenants, and is made subject to the jurisdiction of the United Nations Human Rights Committee.
Finally, we can only succeed with public support. As has been said, “Evil exists because good people do nothing.” It is time for good people to act.
