[Malaysia] New watchdog?

1984: New watchdog aims to check Big Brother

Fauwaz Abdul Aziz, Malaysiakini Aug 22, 05

Concerned that the government tightening control over the private aspects of citizens' lives, a group of lawyers and social activists are seeking to set up a watchdog body to spread awareness on civil liberties as enshrined in the federal constitution. From laws passed by Parliament to local directives issued by municipal authorities, the group, tentatively called the Malaysian Civil Liberties Society, will attempt to protect the basic rights of individuals by allowing the judiciary to have a final say in such disputes.

By forwarding cases of such violations to the courts, the society aims to stop what its members perceive as an increasing trend by the state to spread its control to cover a citizen’s individual sphere. Meeting last Saturday, the group elected lawyer Zaid Ibrahim and constitutional law professor Shad S Faruqi as pro-tem president and vice-president, respectively. Through its public awareness efforts, the society also wants to promote racial understanding and tolerance.

Equal treatment

“In most countries, you have civil liberties groups and they have been very successful in promoting civil rights by taking up these issues to the courts for determination,” said Zaid when contacted today. “The courts serves as the guardian of the liberties of the people. We feel that if we bring these issues to the courts here, they can make decisions on the matter,” he added.

The society was formed, said Zaid, in response to what the group perceives as an increasing tendency by the government to exert even more influence and control over lives and activities of the citizens. ‘There are boundaries that have been set in the constitution, norms that have been established and which we recognise,” he said.

“But within the constraints, we still can widen the scope for individuals, we still can highlight the transgressions or violations that have taken place whether vis-a-vis freedom of belief, immigrant workers, or while in police custody,” he said. “Citizens are entitled to equal treatment, among the other principles that many other countries ascribe to. We want to make sure that they do not remain as principles but are recognised and protected (by the courts).”

University students, apostates

Membership is open to all Malaysians, and he said that it was hoped that legal professionals and lecturers would also become involved as the focus is on legal and constitutional issues. Giving some examples of issues that would be taken up by the society, Zaid said many people felt that the University and University Colleges Act (1974) infringed on the constitutional rights of students to associate.

Zaid also recounted the tendency of the courts in the country to disallow Muslims to revert to their previous religions. “If we feel that such things are unconstitutional, we will bring these up,” he said. The New Straits Times on Saturday reported that among those elected to the body’s pro-tem committee were Malaysian Aids Council president Marina Mahathir and Women's Aid Organisation executive director Ivy Josiah.

Contrary to the report, however, human rights lawyer Haris Ibrahim clarified that though he agrees with the objectives of the society and is interested in working with its members, he is not a member of the pro-tem committee.