‘Freedom from fear’ could be said to sum up the whole philosophy of human rights.
— Dag Hammarskjold, second UN Secretary General
America, like most advanced democracies, represents the ugly, uncivilised, uncouth and unabashed buying and selling of fundamental human rights despite the 13th, 14th and 15th Amendments to the US Constitution that freed slaves, guaranteed them equal protection under the laws, and the right to vote, respectively.
Constitutional torpedoing has become very sophisticated when fear is subtly added and
embedded.
Every right, claim, eligibility, entitlement, ability, and agility of an awakened mind is considered a putative liability when fundamental human rights are forced upon the bargaining table of constitutional readjustments. Politicians know that fear works miracles when they parade and prove that values and morals are for the weak, the meek and the enslaved.
National politics in all global heterogenous societies evidence the ruthless riot and rot of race, region, royalty, religion and righteous rage.
The daily bartering, buying and selling of fundamental human rights — the citizens’ birthright — goes quite unnoticed.
December 10 is Human Rights Day when the United Nations celebrates the Universal Declaration of Human Rights of 1948. All other covenants, declarations and proclamations concerning social, cultural, economic, and political birthrights are now bundled into the International Bill of Human Rights operating as a totally flawless, clueless, toothless and meaningless entity lacking enforcement power.
Fundamental human rights are entombed in written constitutions and laws that are meant to showcase the government’s commitment to the rule of law unless the laws go silent with the clash of arms, read: Ukraine today.
The omnipotent war of nerves is enough to silence the laws and render it impotent whether it’s legislation to promulgate an anti-hopping law, or nuancing necessary measures to bring to justice the top graft-buster, a civil servant, accused of operating a million-dollar shares-trading account.
“Equality” under Article 8(1) of the Malaysian Federal Constitution (FC) is a treasure trove of trust and truth expounding the blunt, no-nonsense supreme constitutional guarantee: “All persons are equal before the law and entitled to the equal protection of the law.”
Like an afterthought, Article 8(2) declares that “except as authorised by this Constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent, place of birth or gender in any law . . . or the establishing or carrying on of any trade, business, profession, vocation or employment.”
The unmistakable warning in Article 8(2) is that the FC may authorise discrimination! This is an outright sale of fundamental human rights which five lawyers in the Reid Commission felt compelled to include in the then burgeoning FC. Is this what the Malayan government aspired for after promising all Malayans equal constitutional sunshine?
Many suggest that the Malaysian legal profession unconstitutionally and unlawfully enjoys a monopoly on its profession despite the logos and limitations of Article 8(2) FC. Besides, Malaysia’s Competition Act 2010 complements Article 8(2) FC when it prohibits preventing, restricting or distorting competition in any market for goods and services. The legal profession is unremittingly breaking the law.
While the medical profession allows honest competition by naturopaths, the Malaysian legal profession goes bonkers when honest laypersons are accused of “practising law” as if the line is not blurred between them and third-rate lawyers who insist on their fees win, lose, or draw.
To argue with the Legal Profession Act 1976 that has renounced the use of reason is like administering medicine to the dead.
The right to a livelihood free from monopolies is a fundamental birthright. Nelson Mandela denounced government that deny people their human rights as a challenge to their very humanity. But citizens have no private standing armies or police power to enforce their rights except to protest peacefully with a police permit.
Voters continue to unwittingly sell their fundamental human rights without so much as a whimper. Is this the end-all and be-all of freedom, justice and equality? Something is fatally flawed in this picture.
The global geopolitical and socio-economic radar evidences the growth and development of an alternative method to this madness. John Updike made a point when he warned that “government is either organised benevolence or organised madness; its peculiar magnitude permits no shading.”
Take your birthright seriously. Beware the Jacobs who prey upon the Esaus. It happens every day.
The predator politician in the guise of the priest or warrior class knows your prayers and priorities. Keep your radar on 24/7 to get ahead and stay ahead.
The views expressed here are those of the columnist and do not necessarily represent the views of New Sarawak Tribune.
