It's time to let the people choose: Suhakam (The Sun)

It's time to let the people choose: Suhakam

KUALA LUMPUR (May 12, 2009) : The Human Rights Commission of Malaysia (Suhakam) says it is time to let the citizens of Perak exercise their right to elect the government of their choice.

Abu Talib ... the recent court actions will not improve the situation.
Its chairman Tan Sri Abu Talib Othman said the right to choose again the government of their choice "is a basic human right".

"The current political issue in Perak will not be settled until the power is given back to the people. Only a stable government will be able to ensure the right to peace and development.

"The recent court actions will not improve the situation in Perak," he told reporters after a media luncheon today.

The High Court declared Pakatan Rakyat’s Datuk Seri Mohammad Nizar Jamaluddin as the legitimate Perak Mentri Besar (MB) but the Court of Appeal has granted Barisan Nasional's Datuk Seri Zambry Abdul Kadir a stay of execution of the lower court's decision.

"These (latest) events have (actually) increased the confusion surrounding the Perak situation and the need to resolve the situation. Now that the court has given him (Zambry) a stay of order, you can see that the only way to resolve the issue is to let the people choose," said Abu Talib, a former Attorney-General.

He said Suhakam also viewed the May 7 Perak State Assembly scenario as "a violation of human rights".

"I understand that the police were trying to maintain order but the action of the police was out of proportion. The people were not causing chaos," said Abu Talib about the arrest of opposition supporters.

According to Article 20 and 21 of the Universal Declaration of Human Rights, citizens have the right to form associations, gather peacefully, choose not to be members of an association and participate in government.

Abu Talib said the people were entitled to "the right to choose, right to development and right to choose government" and the police "must remain loyal to the wider interest and respect human rights rather than the narrow interest of individuals who form the government of the day".

"It appears to us (Suhakam) that during the inicident, the police and civil service acted in concert with the government that assumed power in controversial circumstances, showing complete disregard for human rights.

"The political disturbances in Perak and what transpired in the state assemblly would no doubt cast a dark shadow over our efforts to promote democracy and human rights in Malaysia," he added..

Meanwhile, Gua Musang MP Tengku Razaleigh Hamzah said dissolving the Perak assembly to allow for fresh elections was the only way out of a crisis which had already spiralled out of the state and "damaged" several important institutions.

He said the unfolding events had damaged the rule of law, compromised the judiciary, the police and the state civil service, and damaged the monarchy in public opinion.

The veteran Umno politician said the party was not well served by leaders that placed short term political objectives above the Constitution.

"It is better for the Barisan Nasional (BN) to risk state elections that we may lose rather than to lose the entire country by being seen to be opposed to decency, the rule of law, and the will of the people," he said in a statement on his weblog.

Former UN Special Rapporteur on the Independence of Judges and Lawyers Param Cumaraswamy said in a statement: "It is a matter of concern to an average citizen over how the Court of Appeal presided by one judge could overturn the a decision of a High Court judge who refused to grant a stay of execution without there being before the court a formal application to that effect.

"The contention by Zambry's counsel, supported by the Attorney-General that if the Sultan of Perak had dissolved the Legislative Assembly then Zambry's appeal would be academic is hard to accept.

"What is at stake in Perak today is fundamental democratic values. With the prevailing impasse over who is the rightful government, is not the will of the rakyat of Perak more important than the ruling of a court of law?"

"Why is the Barisan Nasional so fearful of elections in Perak. Eventually, elections there would be inevitable."