MALAYSIAN BAR COUNCIL
Obstacles to effective political participation faced by minorities
The Malaysian Bar Council is pleased to participate in this 2nd United. Nations Forum. on
Minority Issues.
I speak as Co-Chair of the Human Rights Committee of the Malaysian Bar Council. I would like
to draw the Forum's attention and highlight the problem of legislative restrictions prevalent in
certain countries that impose, inter alia, the following preconditions to .political participation:
1.
the need for official registration with a governmental body in order to establish a political
party, and the lack of • transparency and potential for abuse of administrative discretion
in granting such official registration. In some cases, there is no opportunity for judicial
review of such exercise of discretion;
2.
the requirement of geographical distribution and presence in multiple • governmental or
administrative jurisdictions before an organisation can be considered and recognised as a
national organisation;
3.
the inability of those without official residency or citizenship documents to participate in
the political process..
Non-recognition may result in denial, of public grants and monies to assist with organisational
costs where these are made available, or an absence of any invitation to participate in
governmental dialogues and. consultations on issues affecting minorities. The inability to
participate in the political process means the inability to influence the shaping of governmental
policies that will undoubtedly affect one's future.
We call on governments to review and remove such barriers to effective political participation.
Conditions required for effective political participation by minorities
I would like to draw the Forum's attention and highlight the following threats and barriers to
effective political participation for Minorities:
1.
governmental control and monopoly of radio and television, thus denying access to
those not favoured or supported by the government of the day;
2.
government requirement of annually-renewable permits for printing and publication of
newspapers. journals, etc. which effectively forces self-censorship of minority views
and opinions: