The loyalty of the nation

Parliamentarians must first be educated on the role of parliament and be capable of performing its role of building a just, progressive and successful nation. — Bernama

A CITIZEN is loyal to and proud of his nation that can protect him. But while elitist leaders often speak about loyalty to the country, I have yet to hear that the country should equally be loyal to the citizen.

I would emphasise that this loyalty of the nation to the people is fundamental and critical to the concept of nationhood. Nationhood after all refers to the status of belonging to a nation state or to a national identity. In our country, the politicians over the past decades have been so used to talking down to the citizens that they have forgotten to ensure that our national institutions are always mindful that their existence is to serve and protect the citizens. How can the nation be loyal to the citizens?

The Parliament is a very important institution which is instrumental to build a just, progressive and successful nation. However, for this to happen, the parliamentarians themselves must first be educated on the role of parliament and be capable of performing this role.

They must understand that laws passed should be just, not oppressive of the citizens and helps to bring out the best potential of the citizens. They cannot go to Parliament thinking that they are god’s gift to the nation partaking in school boy debates, clowning around and exhibiting their ignorance of substantial issues.

They must always ensure that criminal laws which are passed do not unduly oppress the innocent and that legal safeguards are provided to prevent abuse by the enforcement or prosecutorial institutions.

Law makers should educate themselves on the fact that the general legal framework in the country can make or break the economy. It affects the growth of small and medium businesses, inflow of investments, infrastructure development, money supply and so on. Malaysian citizens who go overseas will also be proud to be Malaysians when they know that the caring arms of the nation will extend to wherever they are.

The judiciary must also be courageous to interpret the law in such a way that the citizens are protected. I humbly opine that one of the major traits of a good judge is one who has a holistic perception of life. Patience of hearing is required as facts of a case often differ even though the legal principles applicable may be the same. The spirit of the law is more important than the letter of the law.

It has often been said that the courts are the last bastion of justice against oppression by the powerful. I can testify that most, if not all, ordinary citizens hold the courts in high esteem and reverence. It is the courts that judicially review the decisions of authorities and enforcement agencies against abuse, oppressive conduct or injustice.

For a just society to exist the courts must ensure that the ends do not justify the means. The justice process itself must be adhered to even if it means an offender has to be freed – only then can the innocently oppressed be protected by just laws. Otherwise, you may have powerful but cruel persons abuse the law to oppress the weak for their own selfish ends.

Next, the prosecution must shed, if any, its “pure” prosecutorial mentality and image. Obviously, the prosecution prosecutes criminal offenders but more importantly, they must ensure that their zest to do so does not make them persecutorial.

On the other hand, I would argue that the prosecution should be acting as the guardians of law with the mindset that the citizens should be protected.

There ought to be different ways of treating hardcore criminals and citizens who may have committed petty crimes or crimes where they may have momentarily lost their better sense of judgement. I still cannot understand why some first-time offenders for certain petty crimes are being hauled to court for full trial.

Furthermore, it should not always be the case that prosecutors come to court with the so-called policy to seek the highest bail possible in all cases. If this is a policy, it is about time to revisit it and start acting compassionately. The Attorney General’s chambers ought t know that the purpose of bail is to secure attendance. Cases should be dealt with on a case-by-case basis, otherwise the ordinary citizen will be confronted with injustice the moment he is arrested for an alleged offence.

Prosecutors should always be aware that the offenders that they are prosecuting are all human beings with families like them. Often times, it is also circumstances that determine how a person’s life turns out. Hence, prosecution may not always be the solution to prevention of crime or protection of the citizens.

Since Article 145 of the Federal Constitution provides wide discretionary powers to the Attorney General to institute, conduct or discontinue any proceedings for an offence, it must be exercised in such a way that it does not create a reasonable perception of abuse. Though the AG is constitutionally empowered so, thinking citizens are watching how the exercise of the discretion reflects the AG’s moral compass.

Then there are the all-important and powerful civil servants whose daily duties have a profound effect on all our lives. They have access to all the important personal, medical and financial data of citizens. Are these data sufficiently protected from abuse?

They are also in the forefront for the issuance of a variety of licenses, passports, identification documents and so on. In fact, one can say that it is actually the civil servants who are running the country and not the politicians.

Due to their extremely important role in the country, they are given wide powers of discretion in carrying out their duties. And where there is power, there is room for abuse and corruption. Hence, citizens would like a helpful, efficient and honest civil service. A corrupt and dishonest civil service, will, in the long run make the citizens feel unprotected and cause civil unrest.

Lastly are the enforcement agencies such as the police force, the anti-corruption agency, local council officers, customs and immigration agencies.

These agencies wield tremendous power because they have been given the powers of arrest and detention. These agencies can either be the protectors of the citizens, as they should, or they could be the citizen’s nightmare. Obviously, such powers can be abused by the corrupt and the cruel. Hence, it is very important that the Parliamentarians pay careful attention to the process by which such powers are carried out and the safeguards against abuse.

JF Kennedy is credited with saying “don’t ask what the country can do for you but what you can do for the country”. However, if a nation protects its people, their loyalty and love for the country becomes automatic.

Senior lawyer Datuk Seri Dr Jahaberdeen Mohamed Yunoos is the founder and chairman of Yayasan Rapera, an NGO that promotes community-based learning activities and compassionate thinking among Malaysians. The views expressed here are entirely his own.