scholarly journals CRAFTING ANTI-TERRORISM LAW IN MALAYSIA: STRIKING A DELICATE BALANCE BETWEEN NATIONAL SECURITY AND PERSONAL LIBERTY

2017 ◽  
Vol 25 (1) ◽  
Author(s):  
Ho Peng Kwang ◽  
Johan Shamsuddin Sabaruddin ◽  
Saroja Dhanapal
Keyword(s):  
Human Rights ◽  
National Security ◽  
Islamic State ◽  
Counter Terrorism ◽  
Personal Liberty ◽  
Sudden Rise ◽  
Radical Ideology ◽  
The Government ◽  
The Right ◽  
United Nation

The sudden rise of this radical terror group calling themselves the Islamic State in Iraq and the Levant (ISIL) and the brazen show of decapitation of their captives have sent shock waves across the globe. This prompted the United Nation Security Council to adopt Resolution 2178 calling for its members to take preventive counter-terrorism measures to contain the spread of this radical ideology propagated by ISIL. Malaysia in responding to this call, has passed and enacted the Prevention of Terrorism Act, 2015 (POTA) despite receiving much criticism that POTA has eroded fundamental human rights, in particular, the right to one’s liberty. This article examines the challenges faced by the government in balancing between national security and personal liberty when crafting POTA. The article shows that equilibrium is hard to achieve between the two competing rights and thus has become disproportionate by looking at the POTA itself. The article concludes Malaysia’s counter-terrorism strategy prioritises national security over basic human rights, which clearly is abhorrent to the rule of law and that in fact, the threat posed by terrorism could have been exaggerated by the government in their efforts to fight terrorism as there are many other threats to life which call for more attention than the threat of terrorism itself.

Human Rights and National Security Post 9/11

2015 ◽  
Vol 26 (2-4) ◽  
pp. 294-307 ◽  
Author(s):  
Morgan Schofer
Keyword(s):  
United States ◽  
Human Rights ◽  
Public Opinion ◽  
National Security ◽  
The United States ◽  
Point Of View ◽  
Counter Terrorism ◽  
The Right To Privacy ◽  
The Right ◽  
The Relationship

This article seeks to examine the relationship between human rights and national security within the context of counter-terrorism legislation in the United States following 11 September 2001. Working from a constructivist point of view and using discourse analysis and public-opinion data, I aim to determine whether changes have been made to the right to privacy and the anti-torture norm under the administrations of presidents George W. Bush and Barack Obama.

Fundamental Rights in the Indian Constitution: Could it include ‘Right to Sanitation’?

2016 ◽  
Vol 5 (6) ◽  
pp. 291-296
Author(s):  
Anil Kumar Mohapatra
Keyword(s):  
Fundamental Rights ◽  
Safe Drinking Water ◽  
Right To Life ◽  
Personal Liberty ◽  
Sanitation Facility ◽  
Supreme Court Of India ◽  
The Supreme Court ◽  
The World ◽  
The Government ◽  
The Right

Long before India gained independence, M.K. Gandhi remarked that the availability of Sanitation facility is more important than gaining Independence for an Indian. Of late, it is now increasingly felt and realized in India that facilities like toilet, safe drinking water, accompanied by good hygienic conditions are fundamental necessities of a person. These are prerequisites of social and economic justice and genuine development. The Supreme Court of India in one judgement held that Right to life and personal liberty, should include right to privacy and human dignity etc. Despite that it has been an admitted shame that India still has the largest number of people defecating in open in the world. There are reported incidences of rape and murder of women in many places in India as women rely on open field for attending to the call of nature in morning and evening. The attempts like Community toi-let system, pay-and-use toilet system and schemes like ‘Mo Swabhiman -Mo Paikhana’ have been found to be less effective. In this connection the ‘Clean India Mission’ campaign launched by the Government of India in 2014 has been regarded as a right approach in that direction. Government of the day is actively considering the demand to convert the Right to Sanitation from a developmental right to a fundamental right. It would make the state more accountable and responsible. Against this background, the paper argues that spending huge money on that would yield good dividend in future for the country.

scholarly journals THE IMPLEMENTATION OF INDONESIA’S PUBLIC POLICY TO IMMIGRATION SELECTIVE POLICY BASED ON LAW NO. 6 OF 2011

2018 ◽  
Vol 1 (2) ◽  
pp. 169-178
Author(s):  
Muhammad Azzam Alfarizi
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Service Needs ◽  
Human Beings ◽  
The Third ◽  
The Core ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Service Standards

The inherent right of the individual is an affirmation that human beings must be treated properly and civilized and must be respected, as the sounding of the second precept is: "Just and Civilized Humanity". Human rights are manifestations of the third principle, namely: "Indonesian Unity". If all rights are fulfilled, reciprocally the unity and integrity will be created. Rights are also protected and upheld as is the agreement of the fourth precepts that reads: "Democracy Led by Wisdom in Consultation / Representation". Human Rights also recognizes the right of every person for the honor and protection of human dignity and dignity, which is in accordance with the fifth precepts which read: "Social Justice for All Indonesian People" PASTI Values ​​which are the core values ​​of the Ministry of Law and Human Rights which is an acronym of Professional, Accountable, Synergistic, Transparent and Innovative is an expression of the performance of the immigration apparatus in providing human rights based services. If these values ​​are in line with the values ​​contained in Pancasila, the criteria for evaluating human rights-based public services are based on the accessibility and availability of facilities; the availability of alert officers and compliance of officials, employees, and implementers of Service Standards for each service area will be easily achieved. It is fitting that immigration personnel in providing services must be in accordance with the principles of human rights-based services and in harmony with the Pancasila philosophy. This is as an endeavor in fulfilling service needs in accordance with the mandate of the 1945 Constitution, provisions of applicable laws and human rights principles for every citizen and population for services provided by the government in this case Immigration.  

scholarly journals Overview Of The Rights Of Person With Disabilities: A Human Rights Approach

2021 ◽  
Vol 5 (IV) ◽  
pp. 34-42
Author(s):  
Dr. Ram Charan Meena,
Keyword(s):  
Human Rights ◽  
Human Beings ◽  
Social Approach ◽  
Persons With Disabilities ◽  
Psychological Barriers ◽  
Contemporary Situation ◽  
The Law ◽  
The Government ◽  
Definition Of ◽  
The Right

Persons with disabilities have the right to enjoy the human rights to life, liberty, equality, security and dignity as human beings. However, due to social apathy, psychological barriers, a limited definition of “disability” entitled to the protection of the law and lack of proper data, persons with disabilities in India remain an invisible category. Although many laws set out to ensure their full and effective participation in society, they remain inadequate as they are based primarily on the discretion of the government. Also, the judiciary acts as the real protector of persons with disabilities whenever an opportunity arises, but it is not possible to approach the judiciary for every request. Unless the foundation of the law is strengthened, persons with disabilities cannot fully exercise their rights. The present research paper mentions the contemporary situation of people with disabilities with the current laws and concepts, and also the researcher believes that it is not only the law that will provide a solution to this problem, it is the change in the outlook of the society which may provide a solution to this problem. Thus, the horizons of the law should be expanded to provide a “human friendly environment” for all persons with disabilities to remove the barriers that impede their development. With timely implementation the time has come for effective legislation to protect their interests and empower their capabilities which are based on “rights–based approach” rather than charity, medical or social approach.

THE LEGALITY OF EX-ISIS CITIZENSHIP FROM INDONESIA IN IRAQ AND SYRIA

2021 ◽  
Vol 6 (1) ◽  
pp. 96-107
Author(s):  
Pulung Widhi Hari Hananto
Keyword(s):  
Arabian Peninsula ◽  
Country Of Origin ◽  
The Other ◽  
Islamic State ◽  
Citizenship Status ◽  
Radical Ideology ◽  
The Government ◽  
Supreme Commander

After the death of the supreme commander of the Islamic State of Iraq and Syria (ISIS), Abu Bakar Al Baghdadi, marked the end of ISIS's legitimacy and hegemony in the Arabian Peninsula. The incident actually led to a new polemic related to the fate of combatants or sympathizers whose support the ISIS (Foreign Terrorist Fighter). With the defeat of ISIS, many FTF are trapped unable to return to their home/ origin countries. On the other side, the sentiment of the country of origin has arisen to not accept its citizens back and lead to revocation of citizenship status. As one of the donor countries for ISIS member, the Government of Indonesia is faced with serious problems regarding the legality of citizenship status and the threat of radical ideology. The dilemmatic attitude to revoke Indonesian citizenship or to repatriate the Ex-ISIS becomes a matter of climax. The issue of this article to centralize and highlight the legality toward the ex-ISIS citizenship from Indonesia in Iraq and Syria. In addition, this article also to give the perspective and elaboration in matter of consequences to repatriate those former ISIS or to withdraw their citizenship.  The results of the study of this article are criticized and also analyze the legality of citizenship of ex ISIS member from Indonesia.

Ratifikasi Konvensyen Pertubuhan Bangsa-Bangsa Bersatu terhadap Hak Orang Kurang Upaya: Implikasi dan Realiti dari Dimensi Perundangan dan Kesamarataan

2020 ◽  
Vol 32 (2) ◽  
pp. 297-319
Author(s):  
Norita Azmi ◽  
◽  
Salawati Mat Basir
Keyword(s):  
Human Rights ◽  
Minority Group ◽  
Disabled Persons ◽  
Persons With Disabilities ◽  
Legal Provisions ◽  
Federal Constitution ◽  
Norms And Values ◽  
The Disabled ◽  
The Government ◽  
The Right

Issues related to the disabled right in the country continue to attract criticism and debate, as implementation is very slow and weak. The disabled have the right to live like other normal people, which includes protection in times of danger and emergency. One of the important mechanism for the care of the disabled is through legal means. The government has signed the United Nations Convention on the Rights of Persons with Disabilities (CRPD) as part of its efforts to empower and protect this minority group. As such, the government has taken the initiative to enact the Persons with Disabilities Act 2008 and ratified the Convention on the Rights of Persons with Disabilities (CRPD) in 2010 as one of the government’s commitments in complying with international human rights conventions as long these do not against the Federal Constitution. This article aims to uncover and analyse the legal provisions in Malaysia relating to the disabled and their right to live, as stated in the Federal Constitution and relevant legal provisions. In essence, this shows that Malaysia, as a member of the UN, is bound to adopt international laws and treaties on human rights if these do not violate local norms and values. At the end of the discussion, some ideas are presented as solutions for the government to improve the issue of disabled persons so that in the eyes of the world, Malaysia will be recognized as one of the countries that cares for and defends its disabled, in line with the Convention on the Rights of Persons with Disabilities 2008.

2 Right to a Public Trial

2021 ◽  
Author(s):  
Clooney Amal ◽  
Webb Philippa
Keyword(s):  
Human Rights ◽  
National Security ◽  
Criminal Trial ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Public ◽  
Public Nature ◽  
International Human ◽  
The Right

This chapter examines the right to a public trial, which protects both the defendant in a criminal trial and the interests of society as a whole in having a fair system of open justice. Under international human rights law, the right requires that a criminal trial should be held in public and that the court’s judgment is pronounced publicly. However, the right to a public trial is not absolute. The right may, for instance, be limited by valid national security concerns, or to protect the interests of a child or victim of sexual assault. This chapter examines the circumstances in which international bodies have found that exceptions to the right to a public trial are justified, and the additional measures that may be required to ensure that a criminal trial remains fair when there are restrictions on the public nature of proceedings. right to fair trial

13. The right to life

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
National Security ◽  
Death Penalty ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Right To Life ◽  
International Human Rights ◽  
Security Forces ◽  
International Human ◽  
The Right

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.

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