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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通告 Notification

人民之友对下届大选意见书
英巫文译稿将在此陆续贴出

作为坚守“独立自主”和“与民同在”的立场的一个民间组织,人民之友在上个月对即将来临的第14届全国大选投票,发表了一篇以华文书写的意见书,题为:投票支持"反对国家伊斯兰化的候选人": 反对巫统霸权统治!莫让马哈迪帮派"复辟"!。

这篇意见书的英文译稿,将在近期内在本部落格贴出。马来文译稿将在下个月内贴出。敬请关注!

我们希望,我们在意见书内所表达的对下届大选的立场和观点,能够准确而又广泛地传播到我国各民族、各阶层的人民群众中接受考验,并接受各党派在这次全国大选斗争和今后实践的检验。


The English and Malay renditions of Sahabat Rakyat’s opinions about next election will be published here consecutively

As an NGO which upholds “independent and autonomous” position and "always be with the people" principle, Sahabat Rakyat had released a Chinese-written statement of views with regard to the voting in the upcoming 14th General Election, entitled “Vote for candidates who are against State Islamisation: Oppose UMNO hegemonic rule! Prevent the return to power of Mahathir’s faction!”

The English rendition of this statement will be published in our blog in the near future whereas the Malay rendition will be published next month (November). Please stay tuned!

We hope that our position and views pertaining to the next General Election expressed in the statement will be accurately and widely disseminated and also examined by the popular masses of various ethnicities and social strata through their involvement in the struggle of the next General Election carried out by various political parties and their practices in all fields in future.


Akan datang: Penerbitan penterjemahan pendapat Sahabat Rakyat mengenai pilihan raya ke-14 dalam Bahasa Inggeris dan Bahasa Melayu

Sebagai sebuah pertubuhan masyarakat yang berpendirian teguh tentang prinsip "bebas dan berautonomi" dan “sentiasa berdampingan dengan rakyat jelata”, Sahabat Rakyat telah menerbitkan kenyataan tentang pandangan kami terhadap Pilihan Raya Umum ke-14 yang akan datang yang bertajuk "Undilah calon yang menentang Pengislaman Negera: Menentang pemerintahan hegemoni UMNO! Jangan benarkan puak Mahathir kembali memerintah! "

Penterjemahan Bahasa Inggeris kenyataan tersebut akan diterbitkan dalam blog kita dalam waktu terdekat manakala penterjemahan Bahasa Melayu akan diterbitkan pada bulan hadapan.

Kami berharap pendirian dan pandangan kami berkenaan pilihan raya kali ini yang dinyatakan dalam kenyataan tersebut dapat disebarkan dengan tepat dan meluas untuk diuji dalam kalangan rakyat semua bangsa semua strata sosial melalui penglibatan mereka dalam amalan pelbagai parti politik dalam pertempuran pilihan raya umum kali ini mahupun masa depan.

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