Suchergebnisse

Human trafficking is a grave threat to human rights. Statistic shows that yearly almost thousands of men, women and children grieve in the hand of traffickers as human trafficking victim, in their own countries or abroad. Thus, there is a need for Malaysia to take the necessary step to combat human trafficking and at the same time to provide effective protection for victims of trafficking as enacted under the Malaysian Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (ATIPSOM 2007). The first part of this research examines the international law standards on human rights protection of the victim of human trafficking while the second part analyses any legal and policy measures adopted within the Malaysian context. In this analysis, attention will be made on numerous protection mechanisms such as provision for a shelter, or a place of refuge, appointment of Protection Officers, medical treatment, right to work and safe repatriation. This research further examines and assesses the adequacy and effectiveness of the current measures and laws especially in terms of their enforcement by the relevant enforcement bodies. Analysis on the existing legal framework within other ASEAN States, including Indonesia, is also done so as to provide relevant best practices for consideration and adoption by the Malaysian government. In conclusion, this research provides a number of solutions to address the problems and challenges within the existing legal framework in Malaysia with the ultimate aim at providing better protection for the victims of human trafficking.

Recognition of new Stets and governments is a political act with legal reverberations. Although the recognition of new States and governments is a traditional concept of international law but the challenging recognition of the transitional government of Libya proved that this traditional concept still can be highly exigent. Traditionally, the States in providing recognition to a new government follow their own benefits and privileges and rarely consider the structure, capacity and public support for the new government. If the rule of law and respecting democracy is going to be means of promoting peace and security is various areas of the world, is not it time to redefine the traditional concepts of international law (included of recognition of new States and government) from a new perspective? Considering the fact that, the existence of a legitimate authority in a group enhances the effective functioning of that group and reduces the internal conflicts, it seems that it is time to expand the political concept of legitimacy of the authorities into the international law. Is there any State practice to support the argument? In this article, the existence of norm creating forces and role of legitimacy in the recognition of the Libyan Transitional Government is going to be analysed. The After studying the role of legitimacy of the Libyan NTC in passing the sovereignty from the past regime to the new government by the international community, the effect of lack of legitimacy on the previous regime will be examined and the question of withdrawing of recognition of governments will be addressed.

Malaysia is likely to introduce new laws on freedom of information. However, the important questions are whether the said laws are effective and will have enough bite with the public looking forward to opening government policy. Freedom of information has developed under international human rights law as the right to freedom of expression, including the freedom to seek, receive and impart knowledge and ideas through media, regardless of any frontier. This study aims to examine freedom of expression under the international realm, scrutinize the said freedom in the Malaysian legal framework, and discuss the proposed enactment of freedom of information laws in Malaysia in conformity with international human rights law. This research uses the qualitative research method. This study concludes that freedom of information in Malaysia is severely impeded by the enforcement of the Official Secret Act. This study calls for the repeal or amendment to the Act in conformity with international standards.

The main objective of this paper is to critically evaluate the application and effectiveness of experiential learning approach in teaching International Law and Indigenous Peoples subject at the Faculty of Law, UKM through an Intervention Programme. The Intervention Programme was conducted to identify the problems and difficulties that the Temuans at Rancangan Penempatan Semula (RPS) Kampung Sungai Bilut, Raub, Pahang have encountered due to their relocation after their ancestral land was reclaimed by the government for the Kelau Dam project. Pursuant to the above objective, the article explains the theory of experiential learning (EL) that underpins this research. Secondly, the article analyses the application and the effectiveness of the experiential learning approach. The evaluation will be based on four main aspects namely lessons from the community throughout the programme, the form of intervention or knowledge the respondent transferred to the community, the effect of experiential learning and suggestions to improve the programme should a similar program be conducted in the future. To achieve the objective, a survey was administered onto 33 respondents who were the committee members of the Intervention Programme which comprised 23 undergraduate students and 10 postgraduate students. The article concludes that the experiential learning is an effective approach in teaching human rights subject. DOI:10.5901/mjss.2015.v6n6s1p120

AbstractThis article assesses the responsibility of local governments in Indonesia for the management of refugee care, following the enactment of Presidential Regulation No. 125 of 2016 concerning the Treatment of Refugees (the "PR"). It highlights the limited authority of local governments in handling refugee issues—which is an issue that cuts across several national legal and administrative regimes including Foreign Affairs, Human Rights, and Immigration. This article focuses on the constraints of local political dynamics and budgeting in allocating local government funds for refugee care. In addressing these concerns, the authors argue that the PR should be amended to explicitly define the role of local governments in managing refugee issues and to include the regional revenue and expenditure budget as a source of funding. In addition, the authors argue that local governments that are hosting refugees should establish relevant local regulations for implementation of the PR.

The internet has become a key hub for communication and information, including drug-related information. Evidence from other nations suggests that medical cannabis is also available online. Yet little is known about medical cannabis dealing on online services in Malaysia. This study examines the current supply and demand of medical cannabis on Malaysian Facebook Pages. Researchers searched for cannabis Facebook Pages in Malay and English between April and June 2022, using the keywords associated with cannabis and marijuana in popular search engines. The Facebook content, including the posts and users' responses to supply and demand information for medical cannabis, were screened and analysed. Subsequently, the contents of the Facebook Pages were categorised into five themes: (1) demand for medical cannabis; (2) testimony; (3) supply information; (4) adverse health effects of medical cannabis; and (5) product types and routes of administration. The findings indicate that medical cannabis is available online and searchable via popular search engines, despite being illegal in Malaysia. A total of 46 Facebook Pages related to cannabis were identified in this study, where 13 pages sell medical cannabis directly, and 3 sell both medical and recreational cannabis. In addition to private messages via Facebook Messenger, most pages share contact details. The information on the sampled Facebook Pages reflected the growing demand and illegal sales of medical cannabis in Malaysia via online platforms since 2012. Thus, there is an urgent need for proper regulations and laws to control medical cannabis usage besides protecting patients against potentially harmful medical cannabis online.