Malaysia And UNHRC Declaration

8 10 2013

Each country is unique, and there is no two countries that are totally the same. As a sovereign country has its own law and constitution, nobody can force a sovereign country to follow the universal rules made by other countries especially when the rules are against the values and the needs of its citizens. The same is with Malaysia.

Malaysia has it’s own Federal Constitution, laws and Rukun Negara (National Principles) that ensures the harmony of its citizens. So, Malaysia does not need to follow all of the UNHR declarations. Why? Because some of the declarations are against the Malaysian Federal Constitution, laws and Rukun Negara. And if Malaysia accept all UNHRC declarations, we must accept total Freedom of Religion, total Freedom of Expression, LGBTIQ and others that are not only against our Federal Constitution but also illegal by Malaysian law.

As I wrote before, Article 3(1) of the Malaysian Federal Constitution wrote that “Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation”. That means, Malaysia is an Islamic country. So, Malaysia cannot accept any part of the UNHRC declaration that is against the Islamic teachings, for example SOGI or LGBTIQ rights. 

LGBT way of life is against the Malaysian law as well as against the Syariah law and the Federal Constitution of Malaysia. To declare the LGBTIQ rights means committing a huge crime, a violation of human rights of others and undemocratic because it gives the rights to people to commit crime and against the rights of the majority.

ICERD is also against the Federal Constitution as Article 153 of the Federal Constitution gives special rights and position of the Malays and the Bumiputras (indigenous people of the Sabah and Sarawak). Is Article 153 unfair? People need to study the history of Malaysia and not reading the reports from COMANGO to understand why Article 153 is fair.

Malaysians live peacefully and the government had been fair to the minorities, treat them well and not discriminating them. So Malaysia does not need to accept all of the UNHRC declarations because some are not suitable for Malaysia. What seems fair for the minorities may not be fair for the majorities. For the ones who support LGBTIQ and wants Malaysia to accept SOGI rights, can they understand that it is unfair and against the human rights of the majority to force others to follow them? When one wants to make it fair, he or she must look at the whole condition and situation and not being selfish and only wants things his or her way.

Is being a religious state unfair to others? Malaysia is not the only religious state in the world; Vatican City, Monaco, Argentina and lots of other countries are also religious state so why must Malaysia be forced to accept the idea of secularism?

Not all of the UNHRC declarations are suitable for every country because each country has different social values and ways of live. Human rights must not only means giving rights for total freedom; such as total freedom of expression and others to everybody but it must be about being fair to the whole community because humans do not live alone. For example, Muslims living in England cannot force the British government to ban the selling of alcohol for the reason that consuming alcohol is against the Islamic teaching.

UNHRC declarations should be about making people happy, protecting people and giving people a better quality of life. And human rights should not be about everybody can do things their way without thinking of others around them, the law and constitution of their countries and others.

UNHRC declaration must not be about making a country accept a universal rule that is against the law and constitution of the country that in the end, make most people miserable, unhappy, causing problems, havoc and instability in the country.

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