KUALA LUMPUR, Oct 24 — Malaysia’s judiciary should look beyond the national borders and adopt more international human rights thinking and standards in arriving at legal decisions, the Raja Muda of Perak, Raja Dr Nazrin Shah, said today.
It was not about imitating others, he said when addressing scores of Malaysia’s senior jurists and judicial administrators when opening the Judicial Colloquium on Human Rights, here.
“It is about seeking solutions to local problems by consulting universally accepted standards. It is about drawing on the experience of others who have faced similar problems,” he said.
Raja Dr Nazrin Shah said this was the normal practice in most advanced countries now and there should be no reason for Malaysia not to do so as well.
He said human rights commissions in other countries had undertaken the role of “amicus curie” or friends of the courts and offered expert opinions on human rights issues.
When it came to upholding human rights, the buck stopped squarely on the steps of the Palace of Justice, he said, adding that there was no more important body than the judiciary which, by virtue of its role and functions, upheld the constitution and the rights accorded to the citizens.
“The courts are, and must always be, the final words that determine the delivery of justice,” he said. However, he said, this was both an enviable and unenviable position to be in.
On the positive side, he said the courts had the power to shape society by elevating social standards of behaviour and practice but on the negative side, the courts were quite often criticised for either not enforcing human rights or only doing so superficially.
“In my view, there is no more important body than the judiciary. Its role and function as the upholder of justice means that it can render new and continually relevant meanings to the fundamental liberties embodied in the constitution,” he said.
He said the issues of justice could only be resolved with a fair hearing and impartial and consistent application of the law and it required great boldness.
“People will not always take kindly to decisions; and there will be opposing views, based, I suppose, on where one’s interests lie.
“As a result, we have today quite a number of social and political issues that, for one reason or another, become deadlocked and rendered virtually intractable,” he said.
The Raja Muda said human rights could not be a reality until all Malaysians respected and observed them.
“When one person tramples the rights of another, whether in the area of politics, religion or culture, it creates a human rights problem.
“When many persons do the same, and do so repeatedly, it can trigger a human rights calamity,” he said.
Raja Dr Nazrin Shah said that in the new environment today, governments were influenced by the global interconnectedness, by more educated and empowered citizens, and the need to be more responsive to their electorate.
In regard to this, he said, new forms of human rights engagement within the governments should be made, such as between the executive and judiciary; between the government and the public; and between the country and the international community.
He also said that those in government need to be made to understand and internalise fundamental human rights principles.
“Until human rights principles are internalised, that is, until they become part and parcel of core values and beliefs, and until they shape attitudes and behaviour, human rights will forever remain a distant dream,” he said.
He also said that it was critical for the courts, in interpreting the constitution, to try and uncover the original intent behind its articles.
“Often times, interpretation would entail a value-judgment and judges must consider the law’s underlying moral and ethical principals in arriving at their decision,” he said.
He added that the integrity, independence and impartiality of the courts were an absolute must, if they were to discharge their duties faithfully.
“Any and every hint of malpractice must be eked out of the system, for even one drop can poison the whole well,” he said.
He said the Human Rights Commission of Malaysia (Suhakam) should be co-opted in a much more vital and constructive manner.
“There is a growing list of human rights matters that require attention and Suhakam can play a proactive role in engaging with parliamentarians and government agencies in the formulation or review of laws and procedures,” he said. — Bernama
Show/Hide comments
Show/Hide comment form
Absolutely true. But are our judiciary given the liberty to exercise their judgement free from external interference ? I don't think so, basing on the recent Lingamgate case.