Rule of Law, Stateless Indians and Employment Rights
DOI:
https://doi.org/10.32890/uumjls.11.1.2020.5717Keywords:
Stateless Indian, Rule of law, Employment rights, Concept promulgatedAbstract
This paper focuses on the Rule of Law and it’s reach in terms of the stateless Indian in Malaysia. The term rule of law has been a term used by politicians to secure political mileage during election campaign periods and continues to be used upon formation of a new government. Regardless of its transcendent nature and noble assurance of a government of laws and not men, there would be gaps in the usage of the term rule of law as it does not reach all levels of community. As beneficent as the concept maybe, it does not serve to assist the stateless Indian community in securing employment in the state. Hence the significance of the research is to identify the gaps in the application of Rule of Law in Malaysia towards the stateless Indian. This study is a purely conceptual one which evaluates the constitutional concept of rule of law and its limitations in providing employment rights for Stateless Indians. The predominant research question is whether the Rule of Law as understood by constitutional philosophers helps mitigate the plight of the stateless Indian. It investigates that notion that perhaps stateless Indians are not stateless after all but have been given that categorisation so as to allow for their plight to be catapulted into the international sphere where customary international law and treaty law could in ideal circumstances apply to the stateless Indian. It proposes a thesis that regardless of how closely a State like Malaysia follows and upholds the rule of law, the stateless Indian Community in Malaysia will not necessarily enjoy second generation rights that ought to be made available to all human beings. The second generation right specifically referred to in this research is the right to employment for the stateless Indian.
References
A Report on the International Congress of Jurists, New Delhi, India January 5–10, 1959. Retrieved from https://www.icj.org/ wp-content/uploads/1959/01/Rule-of-law-in-a-free-societyconference-report-1959-eng.pdf Aboriginal Peoples Act 1954 (Act 134).
Alagesh, T. N. (2018, August 22). Stateless Indians will soon be a thing of the past. New Straits Times. Retrieved from https://www.nst.com.my/news/nation/2018/08/404010/ stateless-indians-will-soon-be-thing-past
Allerton, C. (2017). Contested statelessness in Sabah, Malaysia: Irregularity and the politics of recognition. Journal of Immigrant & Refugee Studies, 15(3), 250–268. UUMJLS 11(1), Jan 2020 (51-73)
Barnett, H. (2017). Constitutional and administrative law (12th ed.). London, United Kingdom: Routledge Taylor and Francis Group.
Berita Viral. (2018, May 9). Breaking news! - Tun Dr. Mahathir press conference [Video File]. Retrieved from https://www.youtube.com/watch?v=ONfNj-5dbz8
Bernama. (2019, March 27). Comprehensive solution on the issues of stateless Malaysians, says minister. Retrieved from https://www.malaymail.com
Bingham. (2011). The Rule of Law. London, United Kingdom: Penguin.
Births and Deaths Registration Act 1957. Bradbury v London Borough Council [1967] 1 WLR 1311.
Cheesman, N. (2014). Law and order as asymmetrical opposite to the rule of law. Hague Journal on the Rule of Law, 6(01), pp. 96–114. Dato’ Menteri Othman b Baginda and Anor v Dato’ Ombi Syed Alwi b Syed Idrus [1981] MLJ 29. Datuk Seri Najib Tun Razak. Najib says my dafter campaign organised by MIC is unique and special. Retrieved from http: //www.1Malaysia.com.my/news_archive/najib-saysmydaftar-campaign-organised-by-mic-is-unique-and-sepcial/
David, R., & Brierley, J. E. C. (1985). Major legal systems in the world today: An introduction to the comparative study of law. London: Stevens.
DHRRA Malaysia (2019). Resolving statelessness in Malaysia. Resolution Handbook. Malaysia: DHRRA Malaysia.
Dicey, A. V. (1982). Introduction to the study of the law of the constitution (Reprint) Indianapolis: Liberty Classics.
Duraisingam, T. (2016). Chronology of policies affecting potentially stateless persons and refugees in Malaysia. Institute on
Statelessness and Inclusion. No. 2016/07. Retrieved from https://www.researchgate.net/publication/323469546 Federal Constitution of Malaysia 1957.
Fuller, L. (1964) The morality of law. New Haven Connecticut: Yale University Press.
Humphreys, S. (2010) Theatre of the rule of law. Cambridge: Cambridge University Press.
Hutchinson, A. C., & Monahan, P. (1987). The rule of law: Ideal or ideology, Toronto: Carswell. UUMJLS 11(1), Jan 2020 (51-73) Immigration Act 1959/63 (Act 155). Kausalya A/P M. Pathmanathan & Kavitha A/P Pathmanathan v The Legal Representatives of Jamuna A/P Narayanan and Jayaselan A/L M. Pathmanathan, Civil Appeal No. X02(NCVC)(W) – 1408-06/2012.
Keith, K. J. (2015). The international rule of law. Leiden Journal of International Law. 28, 403-417. Law Reform (Marriage and Divorce) 1976 Act.
Lilienthal, G., Ahmad, N., & Dorloh, S. (2015). Juridical personality and anti-immigration discrimination: A socio legal examination in the Malaysian context. 6 Malayan Law Journal Articles. ixiii–xxiii.
Manly, M., & van Waas, L. (2014). The state of statelessness research: A human rights imperative. Tilburg Law Review, 19(1–2), 3–10.
Massey, H. (2010). Legal and Protection Policy Research Series, UNHCR and De Facto statelessness. LPPR 10/01. Retrieved from http://www.unhcr.org/4bc2ddeb9.pdf.
Masum, A. (2009) The rule of law under the Malaysian Federal Constitution. Malayan Law Journal. c–cxx. Muhamad Juzaili bin Mohd Khamis and Ors v State Government of
Negeri Sembilan and Ors [2015] 3 MLJ 513 Nalan a/l Kunji Kanan & Anor v Secretary General of the Ministry of Home Affairs, Malaysia & Ors [2017] MLJU 1808
Prime Minister’s Office. (2017). Malaysian Indian Blueprint. Retrieved from http://mib.my.
Reddy, M. (2015). Response to the global action plan to end statelessness. Paper presented at Symposium on Statelessness, Kenan Institute of Ethics, Duke University.
Robson, G. (2004). A layman looks at the rule of law. Articles 332 Criminal Law and Justice Weekly (formerly Justice of the Peace). Issue 18 (May).
Kofi Annan. (2004). Report of the Security Council on the Rule of Law and Transitional Justice in Conflict and Post Conflict
Societies, UN Doc. S/2004/616.
Shklar, J. N., & Hoffman. S. (Eds.). (1998). Political theory and the rule of law. In Political Thought and Political Thinkers. Chicago: University of Chicago Press. Tan Tek Seng v Suruhanjaya Perkhidmatan Pendidikan. [1996] 1 MLJ 261. UUMJLS 11(1), Jan 2020 (51-73)
Tikamdas, R. (2006). The right to identity and citizenship under the constitution and international law, statelessness: An obstacle to economic empowerment. Paper presented at a Forum by Era Consumer, Kuala Lumpur, 1–5. Tun Naing Oo v Public Prosecutor [2009] 5 MLJ 680.
UN High Commissioner for Refugees (UNHCR). (2010, May). Expert meeting - The concept of stateless persons under International Law (“Prato Conclusions”). Retrieved from https://www.refworld.org/docid/4ca1ae002.html
United Nations. (1954). Convention relating to the Status of Stateless Persons. 360 U.N.T.S 11. New York: United Nations.
United Nations. (1966). International Covenant on Civil and Political Rights. 999 UNTS 171. New York: United Nations.
United Nations. (1979). Convention on the Elimination of All Forms of Discrimination against Women. 1249 UNTS 13. New York: United Nations.
United Nations. (1989). Convention on the Rights of the Child. 1577 UNTS 13. New York: United Nations.
Yaqin, A. (2007). Legal research and writing. Malaysia: LexisNexis.
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