FREEDOM OF SPEECH / FREEDOM OF EXPRESSION


FREEDOM OF SPEECH / FREEDOM OF EXPRESSION

Freedom of speech is the freedom to speak without censorship and/or limitation. The synonymous term freedom of expression is sometimes used to indicate not only freedom of verbal speech but any act of seeking, receiving and imparting information or ideas, regardless of the medium used [United Nations, 1966, 1976]. The right to freedom of speech is recognized as a human right under Article 19 of the Universal Declaration of Human Rights and recognized in international human rights law in the International Covenant on Civil and Political Rights (ICCPR). The ICCPR recognizes the right to freedom of speech as "the right to hold opinions without interference. Everyone shall have the right to freedom of expression". Furthermore freedom of speech is recognized in European, inter-American and African regional human rights law [United Nations, 1966, 1967]. Freedom of speech, or the freedom of expression, is recognized in international and regional human rights law. The right is enshrined in Article 19 of the International Covenant on Civil and Political Rights, Article 10 of the European Convention on Human Rights, Article 13 of the American Convention on Human Rights and Article 9 of the African Charter on Human and Peoples' Rights [Andrew Puddephatt & Hodder Arnold, 2005; Kumar, Ambika, 2006].

In Islamic ethics freedom of speech was first declared in the Rashidun period by the caliph Umar in the 7th century. In the Abbasid Caliphate period, freedom of speech was also declared by al-Hashimi (a cousin of Caliph al-Ma'mun) in a letter to one of the religious opponents he was attempting to convert through reason.

According to George Makdisi and Hugh Goddard, "the idea of academic freedom" in universities was "modelled on Islamic custom" as practiced in the medieval Madrasah system from the 9th century. Islamic influence was "certainly discernible in the foundation of the first deliberately-planned university" in Europe [Boisard, Marcel A., 1980].

* Selected REFERENCES / Sources:

Amnesty International: Annual Reports: URLhttp://www.amnesty.org/ailib/aireport/index.html Andrew Puddephatt & Hodder Arnold. (2005). Freedom of Expression: The Essentials of Human Rights. United Publishers. Boisard, Marcel A. (July 1980), "On the Probable Influence of Islam on Western Public and International Law", International Journal of Middle East Studies 11 (4): 429–50. Goddard, Hugh. (2000). A History of Christian-Muslim Relations. Edinburgh: Edinburgh University Press. Kumar, Ambika. (2006). ‘Using Courts to Enforce the Free Speech Provisions of the International Covenant on Civil and Political Rights.’ Published by Chicago Journal of International Law. Summer 2006. URLhttp://www.allbusiness.com/corporate-governance/4082846-1.html United Nations: ‘International Covenant on Civil and Political Rights.’ Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16th December 1966: Entry into force 23 March 1976, in accordance with Article 49. URLhttp://www2.ohchr.org/english/law/ccpr.htm (United Nations) Wikipedia. (2010). ‘Freedom of Speech.’ Wikimedia Foundation, Inc. URLhttp://en.wikipedia.org/wiki/Freedom_of_expression

.

22 June 2013

Five Cabinet Members Face Disqualification under Article 43 ?!



Source: 
http://en.harakahdaily.net/index.php/berita-utama/7422-five-cabinet-members-face-disqualification.html

Five cabinet members face disqualification ?!

Harakahdaily,20 June 2013

 Jun 20: Two ministers and three deputy ministers recently appointed to the cabinet are found to be in violation of a requirement that they be either elected members of parliament or senators in Dewan Negara.

 DAP's Ipoh Barat MP M Kula Segaran said ministers Abdul Wahid Omar and Paul Low, and deputy ministers P. Waythamoorthy, Dr Loga Bala Mohan and Ahmad Bashah Md Hanipa were appointed as cabinet members without complying with the law, as stated in Article 43 of the Federal Constitution.

 Saying the appointment of the five was unconstitutional, Kula said they must return all privileges and other pecuniary advantages within 7 days of the order to be made by the court.

 Low is the former president of Transparency International Malaysia while Wahid is the former CEO of Maybank. They were appointed as ministers in the Prime Minister's Department. Waythamoorthy, who once led the banned Hindraf movement with his brother Uthayakumar, was appointed as deputy minister following his last-minute turnaround to support Barisan Nasional in the days leading to the May 5 general election.

 While Loga is deputy minister in the Federal Territories ministry while Ahmad Bashah is deputy Domestic Trade, Co-operatives and Consumerism Minister.

 Kula said it was strange the BN government, in its 13th term, could make such a mistake.

 “This is the first case according to our knowledge, it never happened before, and it is embarrassing,” he added.

Posted by at