Sunday, August 23, 2009

Entry 2:Oppressive laws restricting human liberties, freedom and justice

Since the first day of our independence, our Federal Constitution has been regarded as the as the highest law in our country.

As such, should any conficts or misinterpretation arise in defining and implementing other sets of legislations and laws in our country, the Federaal Constitution should therefore be referred to as the final tool in order to determine if those sets of legislations and laws go by the relevant articles of the Federal Constitution.

Unfortunately, our Federal Constitution which we thought will be abled to protect us has been undermined by these sets laws and legislations. These sets of laws and legislations have all the time overruled the Federal Constitution in a lot of matters concerning human liberty, freedom, justice as well.

We are deeply concerned that our highest instrumental of law would be sidelined very soon, as our nation is seeing its way to become a police and fasist state.If that is the case, the Federal Constitution is on its way out to suspension. Unless it differs, the Federal Constitution of our country today will become redundant and useless, merely as a symbol or perhaps swallowed by time.

Lets us review some of the articles of the Federal Constitution which are deemed oppresive and limiting human liberties and freedom.

Article 5 of the Federal Constitution confirms the liberty of any persons was restricted and oppressed by the Internal Security Act (ISA) 1960, Restricted Residence Enactment (Cap39; Sec 117 Criminal Procedure Code Cap 6).

Article 10(1)(a) which guarantees our Freedom of Speech and Expression is being overly restricted by Sedition Act 1948 (including amendments 1971), Official Secrets Act 1972 (including amendents 1972), Printing Presses and Publishing Act 1948 (including amendments 1988) and Control of Imported PublicationsAct 1959.

Article 10(1)(b) which guarantees our Freedom of Peaceful Assembly is being bound by Public Order (Preservation) Ordinance 1958 and the Police Act 1967 (including amendments 1988).

Article 10(1)(c) which states Freedom of Assosiation and our rights to Industrial Actions including strike is effectively being prevented by Essential (Prohibition of Strikes and Prescribed Industrial Action) Regulations 1965 and Industrial Relations Act 1967 (including amendments 1971 and 1975 respectively).

Article 121 which described the Pinciple of Judicial Review was harshly overruled and amended in 1988, followed by another amendment to the ISA in 1988, followed by another major revamp in 1989.

It is very clear fact that BN-Umno federal government uses these draconian legislations and laws to curb and restrict the liberty and freedom of our people and at the same time restrict the rising influence of the newly emerging opposition coalition Pakatan Rakyat under the pretext of "National Security", according to them.

Such harsh legislation and laws has also instilled a culture of fear and worry among our people to such extent that they even living under a stressful condition similar to an authoritarian police, fasist state or military rule.

As the result, most of us are too afraid to voice out our protest or express freely our opinions and thoughts. Most of us are also afraid of debating current issues and matters concerning the well-being our beloved nation and the way it is being run with.

So, does our Federal Constitution protect our people effectively and how powerful is our country's highest instrumental of law in standing against all these draconian legislation and laws?

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