Wednesday, August 29, 2007

Questions ?

Dear all,

In lina Joy case, many students argued that Lina Joy did was right according to UDHR AND ICCPR. Any way, in article 11 of institution in Malaysia said that every one has the right to confess or practice his/ her religion. With this article some students mention that" ac cording to this aritcle lina Joy has the right to change her religion" as my point of view i think that Lina should not change her name because the law in Malaysia says every body has the right to confess or practice her religion. It means that as the citizen in Malaysia she must obey the law. For instance, if in our Cambodia people not obey the law. Does she/he right ? According to UDHR or ICCPR she was right, but refer to citizen in a country she must respect the law. There was no choice because it was the duty of government. On the other hand, remember that the state has their own sovereignties. So UDHR or ICCPR and was not not work in Malaysia. Of cause both declaration and covenant above are good but how these laws can help Malaysia ?. Another question is that the human rights are good laws and there are many human right organizations in the world but why some countries still have human right abuse like Myanmar, Cambodia, Vietnam, Iraq, and so on...? Does human right work during the was?.

Your comments are respected,

Thanks.



5 comments:

Stan Starygin said...

Chansath,

It is true that human rights violations in the world are still rampant, human rights organizations or not. I would like to hear what other people think of why there are still some many rights violations report around the world. This is a good discussion starter comment.

men ka said...

Right the constitution is the supreme law of the country. However, the international law may be higher than the constitution while it is the international concern. What you have raised is good in a way but if we look deeply we will see that once the party state adopts the international law, they must obey because they are not forced to register on it. When the party state decided to sign to ratify the covenant or declaration, they shall practice it. Of course, the government of Malaysia can reject through its constitution but they have to think to the international law because they sign on it already. If they sign and do not comply with the rule regulated, what the international law means to the world?

Well, in order to discuss on the topic why there are still many rights violations reported around the world, we have to look to the history of the world before coming the modern world. We have come acrossed many ideology that the mindset of people were to be superior and treated other as inferior. We also have to understand that no one is perfect.
Furthermore, not all rights are universal while we think that the right should be in Cambodia but It should be in another country because some right contradict to the traditional practice of the people. For example, the right to practice the religion. In Buddism concept, every one has their own right to practice in any religion as they prefer and Buddhism does not force any body to belief and no need to change from any religion to marry with groom or bribe who were not Buddist. However, this right can not practice in Islam people. If any one wants to marry any Islam girl, he has to change his previous religion to Islam. So with the above description, it can show that some rights are still violate as our view but not their own view.

moen savoeun said...

It is a very good argument. Article 11 of Malaysian Constitution stated to" confess or practice his or her religion." But Lina did not have, believe or practice any religion yet.

sithanay said...

Dear, Chansath

This is my comment, it is better that your concept but only small contribution for discussion.

Due to my concept, i’m agree with the concept that many students argued that Lina Joy did was right according to UDHR and ICCPR. But what I’m not agree is that article 11 of institution in Malaysia states that every one has the right to profess or practice his/ her religion, and according to this article Lina Joy has the right to change her religion. This article means that she have right to practice her religion but in Clause 4 that adds to the clause 1 of article 11 states that State law and in respect of the Federation Territory of Kuala Lumpur and Lubuan, federal law may control or restrict the propagation of any religious doctrine or believe among persons professing the religion of Islam. This meant clearly that Lina can not change the religion because she prenticed Islam, so Islam is her first religion. However, UDHR or ICCPR are parts the international law , and for the universal human right that many countries in the UN must respect. It really, the Malaysian have sovereignty and people must respect the laws of their country, but human right is the based for the stability of the country. Human rights is the base of Democracy and Malaysia is the country that practice the democracy, so why we that the UDHR and ICCPR can not help the country. For example, European Community have some conditions among them, human rights is the main one that their new member must have. Furthermore, the members of the EU move forward. We can see that Turkey is a EU member, and practice Muslim and they practice democracy. However, the Malaysian constitution restrict the freedom of their own people on religion. So, what they states in freedom of religion in Malaysian is limited, not large. If we compare the freedom of religion in Malaysian and in Cambodia, we see that Cambodia is better than Malaysia. Though in the constitution doesn’t state clearly that people have right to change or not. In the practice, people can change from one to another religion freely.
In short, the constitution of Malaysia states on religion is best for Islam because it has strict regulations, so people in the modern world intent to have more freedom than before. However, in case of Lina Joy is contrast to the human right and freedom of religion. If we see that any religion that Lina want to adopt can effect the society or any religion, the government should ban her. Actually, some Christians, Buddhists change their Christian to Islam, but they are not banned. It is unfair for them. ( I’m that can not raise the whole human right because time limited )

chansath said...

Thank your comments i Wiil see the human rights in Cmbodia or in the world will be respected.and we have learned will be medontrate in community.