Push against Rome Statute example of royals asserting powers, says law expert

Bede Hong Bede Hong Updated 7 years ago · Published on 4 May 2019 3:22PM · 2 Comments

Constitutional expert Gurdial Singh Nijar says certain royals are seeking to reassert their positions. – The Malaysian Insight pic by Hasnoor Hussain, May 4, 2019

PUTRAJAYA’S decision not to ratify the Rome Statute is the end result of certain royals reasserting themselves for personal interests, said constitutional expert Gurdial Singh Nijar. 

“There is an attempt by some rulers to reassert their power. They want to recapture lost space. Some of them are in business and have no effective role in administrative (matters), without any ability to influence the outcome.”

The former Universiti Malaya law professor, who spoke at a forum today on Malaysia’s decision against ratifying the Rome Statute, believed it was no coincidence that the four academicians who advised the Conference of Rulers, opposed ratifying the treaty.

“That is why some academics were sought, some academics with a certain inclination to support the royals,” said Gurdial, who is also the National Human Rights Society (Hakam) president.

Also speaking at the forum organised by the Malaysian Bar were Attorney-General Tommy Thomas, Yayasan Budi chairman and Bersatu leader Rais Yatim, and Bar constitutional law committee co-chairman Surendra Ananth.    

Gurdial said the attorney-general’s input should have been taken more seriously. 

“The attorney-general is the one who should be advising the king, because he is the lead counsel of the government that is running our country.

“Warlords of old want to make a comeback. They have to hang on to something is quite concrete, whether it is the Rome Statute, the nomination of MB (menteri besar), and so forth.

“We have seen how the support is manifested for this quest to recapture some power by particular monarchs.”

Gurdial said Malaysia is a federal constitutional monarchy.

“They (the rulers) have no command or control. 

“What the statute punishes are those in command and control. They act on advice. They have no effective control in terms of running the government. 

“In fact, they cannot interfere with the running of the government. They can only act on advice (of the executive branch).”

Meanwhile, Surendra called for a revamp of the education system, to improve constitutional literacy.  

“The education system right now is divisive in nature. It is not towards constitutional literacy. The government needs to play a larger role not just at the urban level, but suburban level.” – May 4, 2019

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Comments

  • The statute is a assurance to protect defenseless layman like you and me. It is indeednstrange if there are parties who object to protecting layman, and more strange as it seems the ones objecting are the layman themselves, and not the ones who are capable of inflicting harms on layman.

    Posted 7 years ago by Tanahair Ku · Reply

  • The objection is orchestrated by politians, for selfish interest, who have nothing better to input, especially on the economy and corruption, but wants to assert their relevance.

    Posted 7 years ago by Robert Phang · Reply