The arm of gov­er­nance must act with­out fear or favour, says Ani­fah

New Straits Times - - News | Govt & Policy - HANA NAZ HARUN news@nst.com.my

THE ju­di­ciary has the in­her­ent duty to pro­mote and pro­tect hu­man rights, while en­sur­ing it acts in­de­pen­dently with­out fear or favour.

For­eign Min­is­ter Datuk Seri Ani­fah Aman said the ju­di­ciary, as an arm, in­de­pen­dent from the ex­ec­u­tive and leg­is­la­ture, also served to check and bal­ance the other two branches of gov­ern­ment.

“In do­ing so, the ju­di­ciary en­sures that hu­man rights are not com­pro­mised or en­croached,” Ani­fah said in his key­note ad­dress at the Asean In­ter­gov­ern­men­tal Com­mis­sion on Hu­man Rights (AICHR) Ju­di­cial Col­lo­quium on the Shar­ing of Good Prac­tices on In­ter­na­tional Hu­man Rights Laws here, yes­ter­day.

His speech was read out by min­istry sec­re­tary-gen­eral Datuk Ram­lan Ibrahim.

Present at the open­ing of the three-day col­lo­quium were Chief Jus­tice Tun Arifin Zakaria and At­tor­ney-Gen­eral Tan Sri Mo­hamed Apandi Ali.

The gov­ern­ment, Ani­fah added, both val­ued and re­spected the coun­try's ju­di­ciary.

“The courts are un­der a sa­cred duty to act in­de­pen­dently in ac­cor­dance with their over­rid­ing obli­ga­tion to up­hold jus­tice with­out fear or favour.”

Ani­fah said Malaysian courts had, on many oc­ca­sions, de­cided against the ex­ec­u­tive, with what some ad­vo­cates might de­scribe as “pro­gres­sive” judg­ments.

He said it was im­por­tant that judges, pub­lic prose­cu­tors and lawyers were well-in­formed about in­ter­na­tional hu­man rights in­stru­ments that had been rat­i­fied by the 10 Asean mem­ber states.


The Philip­pines’ AICHR rep­re­sen­ta­tive Leo M. Her­rera-Lim (third from left) chair­ing the ju­di­cial col­lo­quium. Sec­ond from left is Chief Jus­tice Tun Arifin Zakaria.

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