Freedoms And Rights Available To The Malaysian Citizens As Provided For In The Malaysian Constitution

What are the freedoms and rights available to the Malaysian citizens as provided for in the Malaysian Constitution? List out the relevant provisions of the Malaysian Constitution which states out such rights and freedoms.

a. INTRODUCTION The fact of the question requires details upon the freedoms and rights made available to Malaysian citizens in the Malaysian Constitution. There are a number of articles under the Federal Constitution that provides for freedoms and rights to the Malaysian citizen.

b. WHAT ARE THERE? First and foremost, Article 5 of the Federal Constitution (Art 5 FC) provides for the rights of liberty for a person. 1 Based upon the article, one could basically see that the matters are more concerning criminal process, preventive of detention and property rights. Secondly, Article 6 of the Federal Constitution (Art 6 FC) generally prohibits force labour and slavery. 2 For further understanding, let one illustrate; A was a secondary 5 student and was chosen to 1

Le g al Re se arc h B oard, “ Fe de ral C onsti tu ti on ” , (2 00 7 ), I nte rn ati onal L aw B ook Se rvi c e s. 1 5 2

Id, 16

participate in the national service programme (PLKN). Therefore, one could see that A cannot say that the government had used force labour for military training. This is because; Parliament had provided such compulsory service (national service programme) for national purpose. Moving on, Article 7 of the Federal Constitution (Art 7 FC) briefly provides protection against retrospective criminal laws and repeated trials. 3 This can be seen where B had done a strict liability offence, such as parking his car by the ‘yellow line’. Then, he will be facing a penalty. Therefore, the law had prescribed the punishment to such offence cannot be any other penalty (such as convicted for life imprisonment or capital punishment) because it is so absurd and ambiguous. This has therefore provided under Art 7 (1) FC . 4 The next pointer shall be Article 8 of the Federal Constitution (Art 8 FC) . 5 Here, a classic example is where C (a female) has been working in Organisation X for 20 years and D (a male) has been working in the same department for 7 years. When promotion had been announced, it was found that it had been made to D and not C. The reason behind this was an unacceptable one (because C was in fact an efficient worker compare to D). The main reason given was that, C is a female; therefore she cannot hold the responsible. One would be of the opinion that the organisation

3

Ibid

4

Id, 17

5

Ibid

has been practicing gander biasness. Thus, leading to an inequality in the organisation, this goes against Art 8 FC . Article 9 of the Federal Constitution (Art 9 FC) briefly provides for the prohibition of banishment and freedom of movement. 6 This can be seen through this example; if E is a West Malaysian citizen, he must enter Sabah and Sarawak with his passport. This has clearly provided under Art 9 (3) . 7 As can be seen, Sabah and Sarawak enjoys unique position prior to this article. Next, Article 10 of the Federal Constitution (Art 10 FC) in brief provides for the freedom of speech, assembly, and association. 8 Even though this article provides for such freedoms, nevertheless there are restrictions for such freedom. The restriction is therefore subjected to Clauses (2), (3) and (4) . The reason is in fact to ensure ‘sensitive issues’ are being protected and to guarantee the peacefulness of the nation. Further, Article 11 of the Federal Constitution (Art 11 FC) generally provide for the freedom of religion. 9 Even though this particular article gives rights to the citizen to choose their preferred religion, nonetheless restriction has been made towards Muslim’s believers.

6

Id, 18

7

Ibid

8

Ibid

9

Id, 19

Further, this article prevents law relating to public order, public health or morality. Article 12 of the Federal Constitution (Art 12 FC) explains rights in respect of education. 1 0 For further understanding, let one provide for an example; a school (Sekolah Kebangsaan take for an example) cannot refuse a student who is a ‘free thinker ’. Thus, it does not mean that a person without any ‘beliefs’ should be cast or being enforce fees upon him alone. Therefore, it contrary (Art 12 FC) . Last but not least, Article 13 of the Federal Constitution (Art 13 FC) rationalizes rights to property. 11 Bear in mind, (Art 13 FC) is a controversial article, particularly upon the word ‘property’.

c. CONCLUSION To conclude, based upon the list given, it is clear to one that the Federal Constitution provides for 9 fundamental liberties.

10

Id, 20

11

Ibid