STATEMENT: Dire Need for Institutional Reforms to Uphold the Rule of Law and for Effective Checks and Balances

STATEMENT DATED 18 APRIL 2016

DIRE NEED FOR INSTITUTIONAL REFORMS
TO UPHOLD THE RULE OF LAW AND FOR
EFFECTIVE CHECKS AND BALANCES

1. HAKAM is gravely concerned with the seemingly increasing disregard for the fundamentals of democracy by the Federal Government and key institutions of the nation.

2. That the situation is critical is evident given the increasingly strident and combative tone that the Government and institutions have adopted in dealing with, and rejecting, widespread criticism over the manner in which matters of national importance and public interest have been dealt with. Without intending to define or limit the nature of these matters, HAKAM views with concern the manner in which the following matters have, or have not, been addressed:

2.1 Race relations and increasingly contentious and divisive ethno-religious issues. The direct impact on the social and economic environment can no longer be ignored. It is no coincidence that an increasing number of Malaysians are looking for more fulfilling lives elsewhere;

2.2 The administration of justice. It is no longer possible to brush aside the obvious signs of a significant loss of public confidence in institutions involved in this vital aspect of the democratic framework of this nation. Internationally recognised indexes conclusively show that Malaysia is no longer perceived as a country that upholds the Rule of Law. The efficacy of these public institutions is made possible only by the fact that stakeholders continue to have confidence in them;

2.3 Free and fair elections. This needs no explanation; and

2.4 Corruption and illicit capital out-flow. This has hurt and continues to hurt all Malaysians, irrespective of race, religion and background.

3. The dismissiveness of the Government and its reliance on a legal framework that it has harnessed to suppress legitimate dissent on matters that affect all Malaysians, regardless of their backgrounds and political leanings, clearly point to the interest of the nation having been made subservient to political interests. Read more

STATEMENT: Dire Need for Institutional Reforms to Uphold the Rule of Law and for Effective Checks and Balances

pdfSTATEMENT DATED 18 APRIL 2016

DIRE NEED FOR INSTITUTIONAL REFORMS
TO UPHOLD THE RULE OF LAW AND FOR
EFFECTIVE CHECKS AND BALANCES

 

1. HAKAM is gravely concerned with the seemingly increasing disregard for the fundamentals of democracy by the Federal Government and key institutions of the nation.

2. That the situation is critical is evident given the increasingly strident and combative tone that the Government and institutions have adopted in dealing with, and rejecting, widespread criticism over the manner in which matters of national importance and public interest have been dealt with. Without intending to define or limit the nature of these matters, HAKAM views with concern the manner in which the following matters have, or have not, been addressed:

2.1 Race relations and increasingly contentious and divisive ethno-religious issues. The direct impact on the social and economic environment can no longer be ignored. It is no coincidence that an increasing number of Malaysians are looking for more fulfilling lives elsewhere;

2.2 The administration of justice. It is no longer possible to brush aside the obvious signs of a significant loss of public confidence in institutions involved in this vital aspect of the democratic framework of this nation. Internationally recognised indexes conclusively show that Malaysia is no longer perceived as a country that upholds the Rule of Law. The efficacy of these public institutions is made possible only by the fact that stakeholders continue to have confidence in them;

2.3 Free and fair elections. This needs no explanation; and

2.4 Corruption and illicit capital out-flow. This has hurt and continues to hurt all Malaysians, irrespective of race, religion and background.

3. The dismissiveness of the Government and its reliance on a legal framework that it has harnessed to suppress legitimate dissent on matters that affect all Malaysians, regardless of their backgrounds and political leanings, clearly point to the interest of the nation having been made subservient to political interests. Read more

Race relations and the Federal Constitution – Shad Saleem Faruqi

Source: The Star Online

Shad Saleem Faruqi - file pic

Shad Saleem Faruqi – file pic

BY SHAD SALEEM FARUQI

Despite its imperfections, the document was a significant attempt to balance the rights, privileges and legitimate expectations of every community.

DOES our Constitution divide us or does it provide workable arrangements for our multi-hued nation to live together in peace and harmony? At a Round Table Discussion organised by the Institut Kajian Etnik of Universiti Kebangsaan Malaysia on Sept 1, this was one of the gripping issues.

I submitted that all Constitutions are imperfect documents. They have to mirror existentialist realities while also cradling a lofty vision of the future. The Malayan Constitution was no exception. Despite its imperfections, it was a significant attempt to balance the rights, privileges and legitimate expectations of every community. Read more