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

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02 December 2018

Provide legal aid to all foreigners, Msian Bar urges Putrajaya !



Source: 
https://www.freemalaysiatoday.com/category/nation/2018/10/30/provide-legal-aid-to-all-foreigners-bar-urges-putrajaya/


Provide legal aid to all foreigners, Bar urges Putrajaya

V Anbalagan
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Bar president George Varughese hopes RM14 million will be set aside under Budget 2019 for the National Legal Aid Foundation (YBGK). (Bernama pic)
PETALING JAYA: The Malaysian Bar hopes the government will set aside about RM14 million for the National Legal Aid Foundation (YBGK) in Budget 2019 for lawyers to represent marginalised groups in criminal proceedings, its president, George Varughese, said.
“We must provide access to justice to all, including foreigners who are vulnerable,” Varughese told FMT on his expectations on the budget which Finance Minister Lim Guan Eng will table on Friday.
He said Thailand was a fine example that provided legal aid to all foreigners in criminal cases.
“We too should work towards that goal if the international community is to hold us in high esteem for providing access to justice to all,” he said.

Currently, he said YBGK only provided assistance to Malaysians and also foreigners aged below 18.
Lawyers appear for suspects during remand proceedings, bail applications and to mitigate when the accused persons plead guilty to a crime.
He said the Bar was of the view that a budget of between RM10 million and RM12 million should be allocated to YBGK at the present rate of work it is doing.
“Another RM2 million will be sufficient to cover all foreigners, based on statistics available from the lower courts,” he added.
YBGK was incorporated in 2011 by ex-prime minister Najib Razak and the government provided a launching grant of RM5 million while the Bar contributed another RM200,000.
For 2012, the government provided RM10 million and for 2013 another RM20 million.
“From the beginning, the government has provided a total of RM35 million. All this money was parked with the finance ministry and the allocation was released in stages to YBGK,” he said
Varughese said it was unclear how much allocation was set aside to YBGK from 2014 to 2017.
“We have been informed by the managers of YBGK that it received RM9 million from the Prime Minister’s Department this year,” he added.
YBGK is a joint enterprise between the government and the three Bars of Malaysia — the Malaysian Bar, Sabah Law Association and the Advocates’ Association of Sarawak.
It was found that 80% of those charged in court for criminal cases were unrepresented because they could not afford the legal fees.
However, over the last two years, YBGK ran into hiccups due to lack of funding and reports of alleged false claims by lawyers.
Between April 2012 and December 2015, YBGK lawyers handled 535,986 cases.






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