14 September 2012
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It is telling that during the Suhakam inquiry into the Bersih 3.0 rally a police officer revealed when questioned that he did not know that the right to assemble was constitutionally guaranteed for the people of this country.
This lack of knowledge is of concern naturally
because we are talking about a public servant with a great deal of power (he can
shoot us with his pistol after all), and it is important that he understands
that the limits on his power does not depend simply on whatever Standard
Operating Procedure he may have but also our rights as citizens.
However, knowledge can be gained. Police officers do
take courses and some of these courses will have components of Constitutional
Law in them. I have taught a diploma course on Constitutional Law and the
officers in my class appeared to have grasped the concept.
Knowledge, therefore, is not really the issue here;
it is the corresponding attitude towards that knowledge which truly
matters.
In the past few weeks there have been many incidents
that illustrate the paradox that occurs when one pays lip service to a principle
without truly understanding its importance and ideals.
The Peaceful Assembly Act was supposed to be a law
that would allow a more liberal approach to public gatherings, but instead we
see it being used to actually hinder such gatherings.
The Janji Demokrasi gathering was deemed illegal
before it occurred because proper procedures for asking permission was not
followed as demanded by the Act. Investigations on organisers and participants
of Janji Demokrasi are also currently being conducted, again under the auspices
of the Act. A green rally in Pahang is being investigated because a person who
is deemed underage by the Act was suspected of taking part.
All this fuss over what were peaceful
gatherings.
I have said before that there was little wrong with
the previous laws (the Police Act) regarding public gatherings. The Police Act
gave a lot of discretion to the police to allow or not allow public gatherings,
this is true; however if there was a proper understanding and appreciation of
the Constitution, the police should, by and large, allow any public gathering as
long as it is not dangerous or violent in nature.
The problem with the Police Act was one of attitude
and not the law per se.
This same attitude persists and it can be seen in the
implementation of the new Peaceful Assembly Act.
What is needed in the country therefore is not even
more, so called liberal laws, but a true appreciation and respect for the human
rights of the people of this nation. The police have to understand that their
role is not simply about enforcing the law for whatever government is in
power.
Their role is to enforce the law in the spirit of the
Constitution and the freedoms that it guarantees for everybody.
Speaking of attitudes, the furore over some people
stepping on the pictures of Datuk Seri Najib Razak also reflects an unfortunate
attitude that is still prevalent amongst Malaysians, or at least some segments
of Malaysians.
Frankly, it does not bother me in the slightest that
photographs are being stepped on. It bothers me if the actual person is being
stomped or if there is a real threat to their life, but stepping on the picture?
So what? Big deal.
It is rude sure, but we are not talking about some
deity or religious symbol here. We are talking about an elected official; and
obviously an elected official that some people dislike very much.
The outrage and subsequent investigations and arrests
show that there is still this feudal mentality amongst some quarters that raises
what are essentially public servants onto the pedestal of Rajas.
There is far too much subservience in our society.
Observe functions where a minister turns up. Immediately there will be the sound
of shuffling chairs as people stand up. Why should we do so? Why the grovelling
and hand kissing? Democratically elected officials are just like any one of us
and to afford them such obsequiousness is unseemly and an affront to the entire
idea of democracy and equality amongst all people.
Recent events have thrown into clear light once again
how far we have to grow as a nation in order to be a true democracy. How much
there is still to be done before there can be a deep and meaningful appreciation
of our rights as human beings and the need to cast off any remnants of feudalism
from our shoulders in order for us to live with the dignity that those same
rights are meant to ensure.
1 comment:
4'There is far too much subservience in our society."
How true. However I think this is in the Malay psyche. It even happens in the government departments - the chief speaks and the rest remain mum or nod their heads in support. Never do we hear objections as it would be deemed to be disrespectful.
When an elected rep come to a school, the children are made to line the roads, waves flags and cheer him when in fact he is just another good-for-nothing guy whom we elected into office.
And of course he sits at a special table with special food for refreshment.
When I was in Austria, the tour guide pointed to a guy on a bicycle at a traffic light and said he was his Interior Minister!!!!
Can you imagine a Malaysian Minister cycling to work?
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