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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24 March 2019

Experts: ‘Social contract’ never in the Constitution






Experts: ‘Social contract’ never in the Constitution


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PETALING JAYA: The term “social contract” does not appear in the Federal Constitution and its misuse by some in society is worrying, say experts.
Moderation advocate Mohamed Tawfik Ismail said there was no such phrase as a “social contract” during the drafting of the Federal Constitution.
He said while the Constitution sought to address three issues, which were non-Malays’ citizenship, the national language and the special position of the Malays, it did not explicitly outline a social contract.
Muhamad Tawfik is the son of former de­­pu­­ty prime mi­­nis­ter Tun Dr Ismail Abdul Rahman, who was part of the delegation sent to London to negotiate terms of independence for Malaya.

He said the phrase was in fact coined by the late politician-cum-journalist Tan Sri Abdullah Ahmad in 1986, which almost 30 years after independence.
Abdullah had in a speech in Singapore said that the “political system of Malay dominance was born out of the sacrosanct social contract which preceded national indepen­dence”.
As such, Abdullah urged that the Malaysian political system preserve the Malay position and meet Malay expectations.

Setting things straight: (from left) Mohamed Tawfik, Dr Lim and Dr Shad speaking at the forum at Universiti Malaya.

Since then, Abdullah’s definition of “social contract” has been appropriated by politicians.
“People have been talking about the social contract as though it was a real thing but Abdullah is a politician all the way.
“(Social contract) is actually a fiction.
“As far as the political parties are concerned, I can safely say that not one MP has defended the Constitution as they should and as they have sworn to do,” Mohamed Tawfik said at a forum titled “Social Contract and Its Relevancy in Contemporary Malaysia” at Universiti Malaya yesterday.

Public policy analyst Dr Lim Teck Ghee said Abdullah’s notion of a “social contract” was often repeated by Barisan Nasional and their supporters, and had now become an unquestionable truth in public consciousness.
Abdullah, he said, was more concerned about continuing the National Economic Policy, which was reaching its end in 1990.
Lim said the “social contract” phrase was never used by the Merdeka leaders and members of the Reid Commission, which was the body responsible for drafting the Constitution prior to Independence.
“The great majority of Malays accept the social contract as part of the Constitution.<---- font="">

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Comments: 
1-True that the concept "Social Contract is not mentioned directly in the Federal Constitution, BUT
2-The Federal Constitution can be considered a sort of "Social Contract." 
3-Vis-a-vis its contents, and the draft articles that was drawn-up among the various political leaders and parties, during the formation of the independence of Malaya (Malaysia).
4-More so, a few articles on 'Affirmative Actions' and 'national interests' , namely, Article 152, Article 153, and Article 11, Article 12  are mentioned directly.  
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Constitutional law expert Emeritus Prof Datuk Dr Shad Saleem Faruqi said while the phrase “social contract” was not in the Constitution, what is more important is to fulfill its negotiated compromises.
Prof Shad urged that government policies must be aligned with Article 153 of the Constitution which has the spirit of affirmative action.
He said while the Constitution had provisions for the special position of Malays, it was “hedged in by limitations”.
“It is not across the board, it applies only in four areas: federal public service positions, federal scholarships, federal trade or business licences and tertiary education enrollment.
“The Constitution has a very important outline for affirmative action that can’t be denied.
“There are many communities still left behind, so we must review the workings of our affirmative action policy, for the orang asli, women or anyone who has been left behind so they can benefit from constitutional protection,” Prof Shad said.
He addressed some misconceptions about the Constitution, and explained that the International Convention on the Elimination of All Forms of Racial Discrimination does not contravene Article 153.
He also said the Constitution actually stipulated that federal posts were open to all races, barring a few exceptions.....





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