Tuesday, September 9, 2008

Black and White and Not So Black And White

So, it's Wednesday morning, and I'm just researchin away for interesting /not so interesting amendments to the Malaysian constitution. It has turned out to be quite the daunting task! I've found it easy to find a list of the amendment numbers and dates, but very tough to find an actual copy of the constitution as it stands now (it seems the version commonly found online is 1984/1986) as well as its different verious. However, Jose e-mailed a pretty well known constitution scholar about it, so I think things should pick up later on today. Anyways, I thought it might be a good idea to throw an example up here -- really the most well known, controversial amendment. It is Article 10, pertaining to freedom of expression. So Freedom of Expression has always been limited by the constitution here. It has never been the case where absolute freedom of expression has been guaranteed. It is my understanding that the original Article 10 looked similar to this:
1)Subject to Clauses (2), (3) and (4) -
(a) every citizen has the right to freedom of speech and expression;
(b) all citizens have the right to assemble peaceably and without arms;
(c) all citizens have the right to form associations.

2) Parliament may by law impose -
(a) on the rights conferred by paragraph (a) of Clause (1),such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of Parliament or of any Legislative Assembly or to provide against contempt of court, defamation, or incitement to any offence;
(b) on the right conferred by paragraph (b) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, or public order;
(c) on the right conferred by paragraph (c) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, public order or morality.

3) Restrictions on the right to form associations conferred by paragraph (c) of Clause (1) may also be imposed by any law relating to labour or education.

However! After an emergency period in the late 1960s/early 1970s, Article 10 was restricted even further with the addition of Clause 4, which prohibits the questioning of a number of sensitive issues.

(4) In imposing restrictions in the interest of the security of the Federation or any part thereof or public order under Clause (2) (a), Parliament may pass law prohibiting the questioning of any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III, article 152, 153 or 181 otherwise than in relation to the implementation thereof as may be specified in such law.

SO this is one of the major amendments to the constitution that hinders freedom of expression in Malaysia -- however, the exhibit on the 18th also looks at other amendments that have been positive, and puts it to the visitor to think about the (over 600) changes that have been made to the social contract in the past 51 years.

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