We do recognise that many
community disputes pertaining to ethnicity and religion is being publically debated
and disputed in media which is causing disharmony in society. We also note that
the informal mechanisms of community leaders sitting down and mediating
disputes has failed due to the politicisation of many issues pertaining to
ethnicity and religion in contemporary Malaysian society.
We recognise that there
is now in Malaysia no formal mechanism for community resolution as the only
grievance mechanism available is the courts. While the judicial mechanism is
the best safe guard for a citizens protection against human rights violation,
however on community related matters a non-judicial system might be preferred.
Datuk Kuthubul Zaman
highlighted the alternative dispute resolution schemes or non-adjudicative
mechanisms such as Mediation, where an impartial and independent mediator helps
the parties negotiate a resolution to the dispute.
He drew lessons from
effective models in New Zealand and Singapore which we could learn from. He further
highlighted the Malaysian Mediation Act 2012 which was a voluntary process
being utilised by the business community but the current Act lacked a provision
for community mediation and the enforcement of the act.
Proham therefore calls on
the Federal Government to recognise the need for a formal mechanism to resolve
community disputes in a way that promotes social cohesion in society and
address the root grievances of these conflicts. We note that siting down and
talking about this in a safe environment with a trusted, professional and well
trained mediator is the current best option.
We call on the Government
to study the New Zealand example where the Human Rights Commission has the
power to mediate disputes and could consider this provision in the Suhakam Act
if suitable.
We also call on the
Government to study the Singapore example where a special act provides for
community mediation and resolution. If the second model is adopted one way
forward is for the Government to amend the current Mediation Act 2012 and
provide for a special section on Community mediation.
Our appeal is for the
Federal Government to treat this matter with some urgency and do the needful
intervention for a Malaysian provision for an alternative community dispute
resolution mechanism which enhances human dignity, human rights and ensures
peace and harmony in Malaysia society.
Issues
on behalf of Proham by Datuk Dr Denison Jayasooria, Secretary General Proham
June
4, 2015
No comments:
Post a Comment