We've all heard the same old same old But really, how much do we know about human rights? What are Human rights to be exact? Are they merely the rights encompassed under the Universal Declaration of Human Rights? What are the consequences of insisting that Human Rights be abolished? What are the consequences of insisting that Human Rights be imposed each time?
It is easy to call for a full blown array of Human Rights to be enforced However, like everything under the sun, it is a grey area Where do you draw a line? Does anybody realise the consequences of allowing Human Rights to encompass each and every nook and cranny of our life?
Yes, never mind the drug baron was granted asylum despite the fact that he is a drug baron (Probably granted asylum due to Human Rights as well) The authorities can only watch helplessly as they are unable to do anything due to the so called "bars" of Human Rights This is the same guy is (most likely) financing one of the biggest drug traffickings in the country Best of all, after being acquitted of drug charges, he turns around to sue the government The irony of it all
Or what about Right to privacy? Think of this scenario The MI5 taps into the phone of a suspected terrorist (which is a breach of Art.8 ECHR btw) He then listens to elaborate plans of involving the bombing of a kindergarten Could the MI5 then charge into the hideout of the terrorist to arrest him?
Upon prosecution, What if the terrorists appeal for the phone conversation evidence to be thrown out due to improper acquisition of evidence due to breach of Article 8 of the ECHR? They walk away scot free and guess what? They won't be able to be to be tried for the same offence under Article 6 ECHR (Double Jeopardy rule) Damned if they do, Damned if they don't Caught between the rocks and the deep blue sea
Do you see how Human Rights can sometimes be a hindrance? It is no wonder that former Prime Minister Tony Blair was so adamant to see the HRA 1998 to be thrown out the window Is Human Rights imposing too much of a burden on the State?
Let's talk about the Internal Security Act in Malaysia then Tell me what is the purpose that people are calling for it's abolishment? Yes it is a draconian Act designed to combat the then communists in Malaya
But what else besides that? Was it because of the fact that it was used in Ops Lalang? If that is the case, the problem was with the usage NOT the law Is the ISA such a problematic law which only seeks to undermines human rights?
Take the case of Mas Selamat Without ISA, it would have been hard to have arrest him under the normal laws His charge just will not stick had it gone through the normal process He will just get away and end up injuring more people Think of the Ticking Time Bomb Scenario
When you give it more thought you will realise one thing; Most of the time, the problem does NOT lie with Law It is the actions of individuals which causes the most problem It is the exploitation by certain quarters which renders the law draconian
Human Rights law seeks to co-exist with such preventive laws such as the ISA and the ATCSA 2001 It is the wrongful usage that the Human Rights law seeks to prevent
Therefore when a case comes in with full hard evidence of plans to blow up a kindergarten, Perhaps it would be prudent for the courts to look at the case in its fullest context with all the facts involved Was the evidence obtained in such a perverse manner that it ought to have been thrown out?
In any case, Article 8 is a qualified right, which means that the State may interfere in certain circumstances When one looks at the Human Rights to see that not all rights are absolute That there are indeed certain rights which allows State interference (albeit with legitimate aims) Only certain rights such as the Right to Life are absolute in nature in the sense that they are non-derogable
The ISA is most certainly useful I'm not disputing that However, it can be a devastating weapon when used arbitrarily Think of that Nanyang Siang Pau Reporter who was arrested for her own safety Isn't it supposed to be the other way around? If that is the case, then ISA should arrest all the innocent people
Perhaps it is high time that Malaysia should adopt a law such as the HRA1998 A Human Rights legislation will do Malaysia good as this helps keeps certain quarters in check And the courts MUST be fearless in terms of applying the law
The solution is not to repeal the ISA The solution lies in adopting a human rights act Coupled with fearless application, the usage of that "draconian" law will automatically regulate itself
Remember Human Rights does not hinder, it seeks to co-exist as a check and balance to prevent arbitrary usage of the law
ps- I think I'm studying too much Human Rights a.t.m
I wonder why some people choose to come to the UK to study Their minds are so backwards They cannot think openly All they ever want to do is to pass exam and go home They do not give a crap about the experience
There are certain experience That class rooms and exam halls just cannot provide you with These are called life lessons Your thinking is simply too Malaysian-like You study for the sake of studying Not for the sake of understanding
You plan to memorise and regurgitate Sure that will get you a first class But so what.. You are nothing but a robot You have no ability to adapt to change You can't think outside the box Your bubble will burst sooner or later And the only thing that will keep you from getting fired Is your contract that binds you and your good firm Talk about a misrepresentation
At least in the future I can tell my son and daughter That I truly had fun in University back those days And I did so without compromising on my mark and grades
When you cannot understand a way a lecturer delivers his or her lesson You claim the lecturer cannot teach Who are you to claim that he or she cannot teach And this is why I say you fail so badly at adapting Well okay maybe the word "you" is too specific Lets use the term "certain quarters of people"
From the outside you seem like a good christian But what a hypocrite I'm also not saying I am innocent But at least I don't make myself out to be a very good christian And I certainly at least do not judge
When hardship comes you cry and whine Then later you claim God is good to you Yes God is good But you do not realise the need to weather through the storm That is why I say you do not have the ability to adapt to changes You cannot take hardship head on
All this while I am proud to exclaim that I am a Malaysian Chinese This is because we are born to fight on unequal terms Whatever did not kill our grandparents made our parents stronger That in turn makes us stronger So quit whining and bitching and get on your feet You are here in the UK not because you were merely blessed by God If all the beggars in the world begged for God's blessing without lifting a finger to work Do you think God will bless them? Dream on!
Bah.. Just felt like ranting Really dislike the way certain people are acting Over pampered kids I suggest you go home and do UOL
A very pretty place indeed Lots of Sheep Lots of Greenery Nice and friendly people A little too rural for me But with friends its fun (=
Top of Constitution Hill
Thanks for taking us in during the trip guys =D p/s-> I wanna go Manchester next D=
On another note... Received a call from BPP Law School with regards about my LPC application They reminded me that the offer will end on the 11th of March It's not like I don't wanna go But circumstances does not permit me For now I guess I'm just letting the offer lapse
Even if I can pay for the 1 year here My training to be qualified is not confirmed I will end up with a useless piece of paper if I'm not careful
Threading on thin ice here... Malaysia sucks But the people are great I'm no longer the disillusioned boy It's not easy to get a job here =s
Oh well The dream was good while it lasted I had my time Now it's for the other two rascals