scholarly journals Amnesty International dan Penghapusan Hukuman Mati di Malaysia

2020 ◽  
Vol 7 (2) ◽  
pp. 235-257
Author(s):  
Yanti Kristina Sianturi ◽  
Irza Khurun'in

Malaysia is a country where the death penalty is still present and frequently practiced. It is due to different understandings of the death penalty itself. The absence of the Malaysian government in various international human rights treaties also increases unfair trials on death row inmates. The high number of death row inmates in Malaysia represents a severe human rights violation. The abolition of the death penalty is one of the current global human rights agendas. It goes against the right to live regulated by various international human rights instruments, such as the ICCPR (International Covenant on Civil and Political Rights) and the Declaration of Human Rights. One of the INGOs actively advocating the abolition of the death penalty in Malaysia is Amnesty International. This study looks at Amnesty International’s transnational advocacy tactics in encouraging the death penalty abolition in Malaysia from 2015 to 2018. The method used is descriptive research by collecting primary and secondary data and using transnational advocacy networks by Keck and Sikkink. The results of this research show that the efforts used by Amnesty International in this advocacy include information politics, symbolic politics, leverage politics, and accountability politics.

2020 ◽  
Vol 2 (2) ◽  
pp. 78-86
Author(s):  
Muhammad Waqas Javed ◽  
◽  
Naila Kareem ◽  

In the instant study, we focus to point out Islamic perspective in relation to international human rights laws pertaining to death penalty in the context of Pakistan. We have discussed the perspective certain jurists who claim qisas is an alternative prayer, and it can be abolished. However, the study maintains that Islamic injunctions support, and recommend for capital punishment for certain offences, while diyatis an alternative penalty. Further, we have deliberated death penalty in the light of human rights conventions with special focus on Article 6 of the International Covenant of Civil and Political Rights (ICCPR), 1966. The debate also surrounds abolitionists or retentionists views with special reference to Pakistan. It concludes that immediate abolishment of death penalty may not be possible in Pakistan. Nevertheless, as a first step, it needs to re-interpret the phrase “most serious crimes” envisaged under Article 6 of ICCPR in its true letter and spirit, or to exercise de facto abolishment of it until its crippled criminal justice system ensures international fair trial standards. As internal peace and security situation improves in Pakistan, so it may enforce de-jure halt.


Author(s):  
Yogesh Tyagi

The golden jubilee of the International Covenant on Civil and Political Rights (ICCPR) coincides with the emergence of Asia as a centre of global attention. However, greater attention to Asia has been accompanied by some scepticism over its attitude towards human rights. The chapter provides an overall assessment of the impact of the ICCPR on the major Asian States, with an analysis of the factors affecting such influence. The chapter considers the involvement in, observance of, and compliance with the provisions of the ICCPR by these States. It further delves into the academic and judicial discourse on the ICCPR within these States, recording the domestic disposition towards judgments of foreign courts, the output of the Human Rights Committee, and the work of other international human rights bodies. It makes suggestions for developing mechanisms to improve the effectiveness of the ICCPR and for creating databases to perform further research in the area.


2015 ◽  
Vol 43 (119) ◽  
pp. 13-34
Author(s):  
Frits Andersen

The article outlines some of the historical traces for the eco-crisis that presently threatens the first and most outstanding national park in Africa, homeland of the mountain gorilla. After a short description of the site, the article presents the Congo Reform Movement’s campaign against the bloody suppression in the Congo Free State around 1900, often referred to as the Red Rubber-regime. The Congo Reform Movements “Atrocity Meetings” are considered to be the first human rights campaign, because they established the rhetorical models that we find today in Amnesty International, Human Rights Watch and Global Witness. The article argues that we can detect similar and highly problematic structures in the animal rights campaigns which took on a global scale in the 1970s – initiated among others by Dian Fossey and her famous and infamous fight for the protection of mountain gorillas in the Virunga mountains. Both human rights campaigns and animal rights campaigns share a responsibility, I argue, for the eco-crisis at Virunga. Finally I present the documentary Virunga from 2014 as a model and as a rhetorical alternative.


Author(s):  
Rhona K. M. Smith

This chapter examines the scope and application of indigenous peoples’ rights and minority rights in international human rights law. It discusses the recognition of the need for minority protection in the drafting of the International Bill of Human Rights; analyses the provisions of Art 27 of the International Covenant on Civil and Political Rights; and describes tests employed to determine minority status. The chapter also considers developments in the protection of minority rights in Europe. The rights of indigenous peoples are also examined.


Author(s):  
Rhona K. M. Smith

This chapter examines African, American, European, and international jurisprudence on the right to life. It discusses the positive obligation incumbent on States to protect life; the permissible deprivation of life (the death penalty, death caused by national security forces, and death during armed conflict); and the issue of genocide. The chapter concludes that the right to life is of paramount importance in international human rights law. International law covers not only the straightforward human rights aspects, but also extends to the prevention and punishment of the crime of genocide.


2020 ◽  
Vol 11 (2) ◽  
pp. 249-269
Author(s):  
Sarah Joseph

Abstract States have duties under Article 12(2)(c) of the International Covenant on Economic, Social and Cultural Rights and Article 6 of the International Covenant on Civil and Political Rights to prevent, control and treat covid-19. Implementation of these three obligations is analysed, taking account of countervailing human rights considerations. Regarding prevention, lockdowns designed to stop the spread of the virus are examined. Control measures are then discussed, namely transparency measures, quarantine, testing and tracing. The human rights compatibility of treatment measures, namely the provision of adequate medical and hospital care (or the failure to do so), are then examined. Finally, derogations from human rights treaties in times of pubic emergency are discussed.


1998 ◽  
Vol 47 (2) ◽  
pp. 306-336 ◽  
Author(s):  
Johannes M. M. Chan

The Hong Kong Bill of Rights Ordinance entered into force on 8 June 1991. Its purpose is to incorporate into the law of Hong Kong the provisions of the International Covenant on Civil and Political Rights (“the ICCPR”) as applied to Hong Kong. Being one of the first occasions where the ICCPR has been given direct legal force in a common law jurisdiction, the Hong Kong experience will provide an interesting case study on how an international human rights instrument is received and interpreted in domestic law. Indeed, shortly after the coming into operation of the Hong Kong Bill of Rights Ordinance, the late Professor Opsahl predicted that it would give the ICCPR, and by implication the Human Rights Committee, a potential impact on the Hong Kong domestic legal system which could hardly be expected in other countries. He even suggested that, in dealing with matters which the Human Rights Committee has not yet considered, the interpretation of the Hong Kong courts in applying the Bill of Rights may provide a useful supplement to international human rights law. The Bill of Rights Ordinance is now seven years old. This article will address two issues: first, the impact international and comparative jurisprudence has had on the interpretation of the Hong Kong Bill of Rights and, second, the contribution the Hong Kong jurisprudence on the Bill of Rights has or could have made to the development of international and comparative human rights law.


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