facebook twitter rss youtube googleplus        Share Email        BO Publication BO Publication                                                                  Friday  October 20, 2017           Register | Sign in
Bhutan Observer
Voices
   HM grants audience to earthquake relief unit members | HM appoints Dzongdags | HM appoints privy council members | Chinese Ambassador calls on PM | Third International Conference for Financing for Development held

Fundamental rights should prevail
Makram Samaan, June 14, 2013
Print|Share Email| Comment 0|

 Dear Sir,

I had a guest from the US recently who requested me to send you his response to one of your articles. It is regarding the article titled “RCSC reprimands Dr Lotay for making unlawful comments”.

Please ensure that his response is posted in your issue asap. Here is his response: “Bhutan’s Constitutional Democracy is only in the childhood stage of 5 years. As such, all constitutional students and scholars should be on the alert to defend and protect the Fundamental Constitutional rights of the Bhutanese citizens. The ambiguous piece on the front page of April 26, 2013, issue of Bhutan Observer, which claims to be “The Independent Voice”, is a sad story about “unlawful comments”. First of all, the Observer is wrong to claim that Dr Lotay’s criticism is “unlawful”.

The only laws in a constitutional democracy are constructed by the parliament and endorsed by His Majesty the King. The RCSC has regulations, not laws. Therefore, each commission and bureaucratic department regulations MUST be reviewed by the judiciary to see its compliance with the Fundamental Rights of the Bhutanese citizens. In the case of DrLotay, the RCSC’s reprimand for his criticism has reduced him to be less than a Citizen.

The Constitution Article 7, The Fundamental Rights, Section 2, guarantees that a Bhutanese Citizen shall have the RIGHT to freedom of speech, opinion and expression. This right cannot be deprived of any citizen, including DrLotay. Therefore, DrLotay has exercised his Constitutional Fundamental Right. Therefore, he should be commended and NOT reprimanded, and the RCSC should be reprimanded for their attempt to breach DrLotay’s fundamental right. The Constitutional path for RCSC is to submit their regulation to the Judiciary for their opinion on what is constitutional and what is not. Dr Lotay has practiced his constitutional rights to keep the transparency of RCSC and prevent any possible corruption. He has done a favour to RCSC.

Makram Samaan, Ph.D, Professor Emeritus, CSU.S Coaching for Happy Longevity (916) 412-5829

Via DrukselDorji, Thimphu, drukseldorji@gmail.com

Print|Share Email| Comment 0|


Please login below to comment, OR simply register here:
Email
 
Password
Forgotten your password?






BO Tweets
LIVE NEWS FROM THE FIELD
Best Of The Web
  • MOST READ
  • MOST COMMENTS
  • TAGS

Polls
Do you think that the PDP government's promise of one-year maternity leave is feasible?

Yes

No

Do not know

BO Business1
Advertisement
» Expression of Interest: RMA
» Tender Notice: Department of Disaster Management
» NLC
» Dungsam Academy
» GCBS
» Rigsum Institute
» Bumthang Dzongkhag
» Weringla Dungkhag
read more »
BO on Facebook
FIND US ON FACEBOOK