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MALAYSIAN CHARTER ON HUMAN RIGHTS

Preamble

Acknowledging the impact of changing geo-political realities in the present global order on a multi-cultural country like Malaysia and recognizing the diversity of situations, experiences and perceptions in our context, we believe that there is a common basis for the protection of human rights.

Human rights are the foundation of the holistic well-being of all humans in all spiritual, moral, mental, physical and social aspects. With these rights come responsibility to protect and respect the well-being of other individuals and communities in society, as well as to ensure a harmonious relationship between humankind and the natural environment.

In a developing country like Malaysia, recognition and respect of the right to political, social, cultural and economic self-determination of all peoples are fundamental to the protection of our dignity and equality; and to justice, peace and freedom in our country.

The promotion of human rights is indivisible to the pursuit of a holistic and just development. We believe that all forms of expression and choices about the processes of economic development in this country must be respected.

We note that the Malaysian government has not ratified the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. In addition, other United Nations Conventions such as the Convention Against Torture and Other Forms of Cruel, Inhuman and Degrading Treatment or Punishment, the Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, have not been ratified as well.

Article 1 - Universality

1.    Human rights are universal. Universal human rights standards are rooted in many and rich cultures. Human rights are universal in value and are of universal concern.

2.    Human Rights afford protection to all of humanity, including special groups such as children, minorities and indigenous peoples, workers, refugees and displaced persons, people with disabilities and the elderly.

3.    Whilst we recognized and advocate cultural pluralism, those cultural practices which derogate from universally accepted human rights must not be tolerated.

Article 2 - Indivisibility

1.    Human rights, be they economic, social, cultural, civil and political rights, are indivisible and interdependent. The protection of economic, social and cultural rights require full respect by governments for the exercise by peoples of their civil and political rights.

2.    Poverty denies people much of their basic economic and social rights. However the poor must never be denied of their right to speak, to organize, and to exercise their right to participate in decision-making in the development process on ground that they must first be fed, housed and educated.

3.     We affirm that one set of rights can never be used to bargain for another set of rights.

 

Article 3 - Women's Rights as Human Rights

1.     Women's rights are human rights. Women's rights must be addressed in both the public and private spheres of society, in particular the family.

2.       The patriarchal system is manifest in all institutions, attitudes, social norms and values in our society. It takes many forms and cuts across class, culture, caste and ethnicity. It must be eradicated.

3.       All forms of discrimination against women are to be eliminated.

4.     Violence against women is one of the main instrument by which patriarchy perpetuates itself, and thereby the subjugation, oppression and exploitation of women. Violence against women is a violation of women's basic human rights and must be eradicated if there is to be social justice and equity. Violation of women's human rights are not simply individual acts of violence. Within all areas of human rights - whether civil, political, economic or social - human rights violations against women take specific forms. Entrenched structures and practices such as caste, customary law, the family, and religion continue to discriminate against women. Economic and social institutions which are exploitative oppress women, and legal institutions which claim to dispense equal justice are in fact gender biased.

5.    To provide women a life with dignity and self-determination, women must be guaranteed inalienable and equal economic, social, political and religious rights.

 

Article 4 - Development

1.     The right to holistic development is a basic human right. In order to attain socially equitable and environmentally sustainable development, there must be respect for civil and political rights as well as social, cultural and economic self-determination of all people. People's participation in the development process is essential to ensure that development is socially just and culturally appropriate.

    Human development is dependent on resources provided by our natural environment. The protection and sustainable use of these resources is integral to the well-being and survival of all peoples, in particular those communities that live in close harmony with their environment, and for future generations.

2.    Our models of economic development need to be recast in recognition of the present ecological crisis and the growing inequities of the present economic systems. Alternative development frameworks need to be construed using culturally and socially appropriate models, drawing from, in particular, the experiences of the indigenous communities of our country.

 

Article 5 - Democracy

1.    True democracy cannot be separated from holistic development. Each is essential for the attainment of the other.

2.    Democracy is more than the ritual casting of the ballot once every few years. True democracy involves ongoing participation by the people at all levels so that people can determine their political status and freely pursue their economic, social, cultural and spiritual development.

3.    Participatory democracy must permeate all levels of human living - the home, the workplace, the local community and the nation.

 

Article 6 - Development and the World Order

1.    The present world order allows the arbitrary control and domination of development by the powerful in the North, abetted by elites in the South. This gross injustice perpetrates vast social and economic disparities both globally and nationally and denies individuals and communities the right to political, social, cultural and economic self-determination.

2.    The development process at the international level must also be guided by the same principle of participatory democracy, democracy, equity and justice.

3.    The United Nations must be democratized through the abolition of the veto and permanent membership in the Security Council, and an enhancement of the powers of the General Assembly.

4.    The external debt of the chronically poor nations of the South aggravates poverty and thus violates the human rights of their peoples. These debts should be written off. Other debtor nations of the South should be allowed to reschedule their debts and not be further burdened by structural adjustment policies.

5.    The present policies of the Group of Seven and North-dominated institutions such as the International Monetary Fund, the World Bank, and the General Agreement on Tariffs and Trade inflict gross human rights violations on the poor of the South. This must be stopped.

6.    Every person and community has the right to have direct access to international institutions to seek redress.

 

Article 7 - Environment

1.    Everyone is entitled to live in a clean, healthy, safe and sustainable environment free from agricultural and industry pollution.

2.    All peoples and nations have the right to participate in decisions regarding local, regional, and global environmental issues such as nuclear arsenals, storage, transportation, and dumping of toxic waste, pollution, and location of hazardous industries.

Article 8 - Equality and Non-Discrimination

1.    All persons are born free and equal in dignity and rights.

2.    There shall be no discrimination in the rights and privileges of persons based on their ethnic origin, class, social status, age, sex, mental and physical being, language, religious belief, sexual preference or political conviction.

3.    There shall be a more just distribution of wealth, power and opportunities without distinctions based on ethnic origin, age, sex, mental and physical being, language, religious belief, sexual preference or political conviction. The government and private sector should formulate and implement policies to achieve this end.