Recognizing the Right to Freedom from Corruption is Long Overdue for Malaysia - Hafiz Hassan
Prime Minister Anwar Ibrahim of Malaysia recently expressed his belief that true independence for a nation can only be achieved when it frees itself from the clutches of corruption, smuggling, and cartels that have long weakened the nation. This sentiment echoes the call for the recognition of a "Right to Freedom from Corruption" (RFFC) at the international law level, a proposal first articulated by scholar David Kinley.
Jayalalithaa, a notable political figure in India, served as the leader of the All India Anna Dravida Munnetra Kazhagam (AIADMK) and the chief minister of Tamil Nadu six times, starting in 1991. However, her tenure was marred by allegations of corruption. During her first term as chief minister (1991-96), she reportedly acquired millions of dollars' worth of properties in a manner inconsistent with her known sources of income. In 2014, she was found guilty of amassing unaccounted-for wealth and sentenced to jail for four years.
The Supreme Court of India had previously held that systematic corruption is a violation of human rights. Justice AV Chandrashekara, in his ruling, stated that corruption violates human rights. The response to corruption as a human rights violation, however, has not progressed beyond baseline analyses in terms of specific human rights efforts.
David Kinley's proposal for the recognition of RFFC aims to address this gap. He argues that RFFC is needed to recognize the importance of corruption, its corrosive impact on human rights, and to focus attention on states' obligation to govern fairly, equitably, and legally. Recognizing RFFC would provide leverage in persuading states to take more serious domestic efforts to combat corruption through enactment of appropriate legislation, effective implementation, and enforcement.
By mandating states to recognize freedom from corruption as a human rights issue, a new normative dimension would be added to the argument for why states need to act against corruption. Pronouncing that corruption constitutes a systemic breach of a basic human right would make broader human rights concerns more emphatic.
Moreover, focusing on states' human rights obligations to combat corruption could provide a new foothold in the debate over the extent states must require corporations to be responsible for their human rights abuses. Kinley suggests that this focus could help bridge the gap between corporate accountability and human rights, a gap that has long been a subject of debate.
In conclusion, the call for the recognition of a Right to Freedom from Corruption at the international law level is gaining traction as a powerful tool in the fight against corruption. As more voices join the chorus, the hope is that this recognition will lead to a global commitment to eradicate corruption, fostering a more equitable and just world for all.
It is important to note that the opinion expressed by Prime Minister Anwar Ibrahim is personal and does not necessarily represent the views of our website. The information presented in this article is based on factual bullet points provided.
