Sunday, 13 December 2015

HINDRAF CALLS FOR REVIEW OF THE FEDERAL CONSTITUTION ON ITS VAGUE AND “MYSTERIOUSLY REMOVED” PROVISIONS

HINDRAF CALLS FOR REVIEW OF THE FEDERAL CONSTITUTION ON ITS VAGUE AND “MYSTERIOUSLY REMOVED” PROVISIONS

Source: Hindraf Website

Orang Asli denied a place in the Malaysian Constitution
“The Orang Asli/Asal were deliberately left out and not given any form of recognition in the Constitution in 1957 and again in 1963 when Sabah and Sarawak was amalgamated into Malaysia. Article 153 was amended in 1963 to only include the Natives of Sabah and Sarawak but once again the Orang Asli/Asal was conveniently ignored.” ——P.Waytha Moorthy

P. Waytha Moorthy
Hindraf calls for the review of the Malaysian Constitution by lawmakers in marking the Human Rights Day, a day commemorated internationally to observe the adoption of the Universal Declaration of Human Rights 1948 passed by the UN vide resolution 423 (V).

Whilst Malaysia is a member of UN since Merdeka and sat on the Human Rights council on 2 occasions, it has not ratified key Human rights covenants of the UN in particular the International Covenant on Economic, Social and Cultural rights and the International Covenant on Civil and political rights which was adopted by the UN on 16th December 1966.

HINDRAF is of the view after 58 years of Merdeka, it is time to revisit important provisions in the Federal Constitution which over the passage of time is now obsolete and provisions which are ambiguous and has since created controversies when the Apex Court in Malaysia is unable to give a logical interpretation to the original intentions of our founding fathers.

HINDRAF asserts that the ambiguous Malayan Constitution approved by the UK House of Parliament was done deliberately to suit the manipulative interests of our founding father Tunku Abdul Rahman.

The Malaysian Government ought to declassify all documents running to the time before independence to enable Malaysian citizens to comprehend what went wrong in the formulation of our Constitution.

Should this be done, documents especially the secret minutes of meetings of the “working party” which mutilated the recommendations of the Reid Constitutional Commission arbitrarily and with full knowledge that their action infringed fundamental provisions of the International laws, covenants and conventions would be plain and clear.

Article 153 remains the most controversial provision in the Constitution which need careful and intellectual discussions amongst stakeholders of the country, the rakyat and the lawmakers in looking for a holistic revamp to meet the need of current time and age whilst correcting past historical wrongs. HINDRAF has always maintained that parts of the Article 153 is vague when it was drafted by the Colonial masters wherein the second limb of Article 153 does not grant “legitimate rights” for the non- Malay population, instead it only granted “legitimate interests”.

The Non-Malay population deserves legitimate rights which should be in accord with fundamental human rights.

The Colonial Masters failed to grant the then Malaya a Constitution which provides guarantee of equality for all citizens, instead formulated a provision that it knew would cause racial discrimination in Malaysia.

What was meant to be special position of the Malays that had existed immediately prior to Independence was mutilated by the conniving Tunku and the UK High commissioner that caused racial discrimination and segregation of the Malaysian Society entrenched till today.

The Orang Asli/Asal were deliberately left out and not given any form of recognition in the Constitution in 1957 and again in 1963 when Sabah and Sarawak was amalgamated into Malaysia.

Article 153 was amended in 1963 to only include the Natives of Sabah and Sarawak but once again the Orang Asli/Asal was conveniently ignored. HINDRAF asserts that should the Minutes of the “Working Party” be scrutinized, the truth of the mega scandal of the mutilation of the Federal Constitution led by Tunku would become apparent.

A provision for equality under Article 8 that was recommended by Reid commission was amended drastically to suit the racial provision of Article 153 hence the fundamental right to be treated as equal citizens were diluted which has caused so much of racial discrimination in Malaysia.

Similarly fundamental right to equal educational opportunities and equal funding for education for all races in Malaya was again removed by the conniving Tunku and his British Master.

An omission of a “S” in Article 12 has caused devastating interpretation in the Freedom of Religion by the Malaysian judiciary. The most disastrous action by our Bapa Kemerdekaan was his insistence on the removal of the “Enforcement of the Rule of Law” under Article 4 which would have been a great remedy to challenge all unconstitutional provisions passed by Acts of Parliament at the Supreme Court.

However this provision was completely removed upon insistence by Tunku hence formally taking away the powers of the Courts to be the guardian of the Constitution.

HINDRAF is of the view commemorating Human Rights Day would be more meaningful if politicians from both political divide join hands in the spirit of democracy and oneness, for the sake of the country and its people and do the right thing for once- make amendments to the highest law in the country to be inclusive of all the needs of its people irrespective of race and religion, and remove all provisions that discriminates and vague, and replace them with sound democratic provisions in accordance with International Human rights standards. 

P. Waytha Moorthy
Chair
HINDRAF
10.12.2015

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《人民之友》发表对国内政局看法
马来文版 将在9月底之前 刊出


人民之友成立于2001年9月9日,2018年9月9日是人民之友成立17周年纪念的日子。我们在这一天发表了一篇题为< 联合起来,坚持真正的民主改革! 丢掉幻想,阻止马哈迪主义复辟!>的文章作为纪念。

我们一如既往选择在这一个对我们来说,具有里程碑意义的日子,对我国当前阶段(大选后新政府上台)的政治局势发表一些意见,与为推动我国和世界民主人权运动而奋斗的同道们,互相交流。

为了面向国内不谙华文的广大非华裔群体,也为了让我们对当前阶段的政治局势的意见能够更广泛地传播开去,工委会决定尽快把这篇纪念文章先后翻译成马来文和英文。马来文版将在本月杪之前刊出。英文版也安排在较后日期刊出。

《20世纪60年代新加坡左派工运问题探索》
英文译稿也将在9月杪刊出


此外,现居新加坡的庄明湖已将他在《人民之友》发表的《20世纪60年代新加坡左派工运问题探索》(正篇)一文的英文译稿传送到编辑部,因原文中所述人物的姓名或者是党团工会组织的全称或简称,在译文中尚未解决或有待查证,需要一些时日来完成——人民之友工委都是自愿挤出时间来进行工作的,因而无法很快完成。无论如何,我们争取在本月底刊出,为我们的17周年纪念增添光彩!

值得在此一提的是,庄文所述的20世纪60年代新加坡工运遭遇问题(除了遭受来自外部的镇压,还要遭遇来自内部的破坏)的见解,或许能为一些读者(特别是不谙华文和不懂新马历史的读者)思考马来西亚民主改革运动在当前阶段面临马哈迪主义复辟的问题,提供一个历史殷鉴,或者是一个新的启示。

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