Tuesday, August 28, 2007

HR Student Interaction

Dear Prof: Stan and all,

I am going to answer the 3 questions based on my knowledges thru Prof. class electure and reading thru out book which was related with Lina Joy case.

1. As I can tell the Malaysian government establish a ligitimate interest to deny Lina Joy by changing her ID from Muslim name and religiont to Christian religion and names. To me, Malaysan goverment has completely violated HR. Based on Malaysian Constitutioanl law, Fundamental rights has stated that the federal constitution provides for the protection of human rights and fundamental freedoms. The provisons protect basic fundamental rights including the right to life, equality, free speech, RELIGION and property.

Based on this state she have right to change and practice of any religion she wanted; however, the Malaysian goverment has used many tactics and strict to covert her ID with name and religion by doing more worse then the origenal one. According to her new ID within name, it has demonstrated that by insulting her that make her hated by both governent and society. She could not live freely by having new christain. With this new ID which indicated many of thing to make her hated by society. She could not have good job either.

The Malaysian government has definately abused UDHR on Articel 2 " Every one is entitled to all rights and freedom set forth in this Declaration without distinction of RELIGION. And on Articel 18 of Cairo Declaration has stated" Everyone shall have the right to live in security of him self, HIS RELIGION, his dependent, his honour and his property.

From the best of my understanding, the Malaysian government had done so to show the citizen in Muslim country tried not to change name and religion, if they keep do so, they will have as the same consequence as Lina Joy.

2. If I were Lina Joy's position, I will continue my case to the end. I don't really care what the consequence will be. It is our right based on any law, declaration, treaties and so on. As long as I do follow the law, it will be all set. I do know Muslim is wellcome very one but not happy for Muslim citizen covert to other religion. That is not completly fair at all if we compare to other religion. I also know that if she continues to file her case to suprem court, she will be charged for apostay but quiting is never success. She should fight to the end.

3. I firmly beleive that the Federal Court in Lina Joy is going to ruin the future development of rights in Malaysia. When they talk about right in Malaysia by both citizen in this courty and internationally will not trust and believe at all. Some of articles in Cairo declaration has only stated and applied in Muslim courtries. As can be seen, in Muslim constitution in RELIGION COMMUNITIES has stated "freedom of religion is guaranteed by the constitution" so where they guarantee her religion. Is it guaranteed only Muslim?

I think Article 19 for Cairo could be protect her from the Malaysian Government if they do really a bide by the law

" Article 19. A. All individuals are equal before law, without distinction between the ruler and the ruled. B. The right to resort to justice is guaranteed to every one. C. Liability is in essence personal. D. There shallbe no crime or punishment except as provided for the Shari'ah. E. A defenctant is innocent until his guilt is proven in a fair trail in which he shall be given all the guarantees of defence.

According to this law, she should be protected because of the fact she has done wrong at all. She wanted to change her name and religion she wanted to be. If the Malaysian convicts her as of Apostay it will be contracted themselve based on this law.

I am looking forward to hearing your comment, advice and change at your convenient time. Thanks and best regards - Se John


Stan Starygin said...

Hi John,

Q1: I believe you may have misunderstood the meaning of 'legitimate government interest' which is normally defined as an interest for the achievement of which the government can justify derogations from rights. I suggest you revisit your response with this definition in mind.

2. Would you have still applied for a change of religion on your card or would you have been limited your declaration to the name-change?

3. Do you think anything positive can come out of the Federal Court's decision in Lina Joy?

Seka said...

Can I ask you some question?

I got your comment said that Malaysia didin't sign UDHR that why UDHR can not apply to Malaysia, but did it sign in ICCPR? If Malaysia not sign ICCPR, why?

For me, I think Malaysia is UN member right so Malaysia's required to sign ICCPR right?