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| Rafidah, Datuk Saifuddin, Denison & Tan Sri Simon at the Proham RTD |
The UPR is important work. Since its introduction in
2006, Suhakam has been supportive. The
commission sees the review as supportive to what CSOs and Suhakam has been
doing and to be brought to international levels for support from the UN and
international organisations.
Suhakam has
observer status, but it has taken upon itself to be involved, by making
submissions. One goes to the UN and
another to the government, so they know the commission was monitoring them.
Suhakam made its first submission to the UN and the government in 2008, before
the first UPR. These were compiled
through Suhakam's observation of the human rights situation in Malaysia, along
with consultations with the media and NGOs.
By March 2014, Suhakam may have three minutes floor time. For this year's UPR Suhakam had again
submitted reports to the UN and government, based on the consultations done.
Accession
to human rights treaties
The government is committed to look into feasibility of
state parties to the nine human rights conventions. In April 2012, Malaysia
acceded two optional protocols for the UN's Convention on the Rights of the Child, involving armed
conflict and exploitation. But Malaysia
has certain reservations, involving the discrimination of women. The government
has established a technical sub-committee and they are doing feasibility
studies on how to become party to international conventions like the UN
Convention Against Torture and the International Convention on the Elimination of All Forms
of Racial Discrimination.
Suhakam follows up with the Ministry of Foreign Affairs,
and in one of the meetings, Suhakam has been told that they would be ready to
accede the International Covenant on Economic, Social and Cultural Rights by
the end of 2013. This would be monitored.
On the other treaties, the government
has said they want to be prepared before they accede the conventions, meaning
that the laws must be in line with the conventions before they can be acceded
to avoid contravention of provisions.
For this point, Suhakam informed them, through its submissions, this
should not be seen as impediment. It
could be a foundation for gradual changes to the Malaysian laws.
The recommendation on the National Human
Rights Plan, based on Suhakam's meetings with the legal dept of the PM's
department, they said they are developing an action plan. They have appointed several universities to
do baseline studies so it will take a bit of time as they are trying to study
all parts of the legislation. Suhakam
has been told that there will be a steering committee meeting in November 2013
and its contents were vague.
The process has been very slow, from Suhakam's
first recommendation, it's been more than 10 years. From then, Suhakam has been regularly following
up with this legal department. Suhakam has raised the issue of meaningful
consultation, because it seems that the government is working quietly. Suhakam is urging them to make sure they
consult relevant stakeholders.
On the Parliamentary Select Committee on Human Rights, as
announced by Minister Datuk Seri Mohamed Nazri Aziz, it was uncertain about the
outcome as there was a cabinet reshuffle. The human rights portfolio has been
split and now three people were responsible for it. Suhakam feels that since the government has
taken up this recommendation, the commission would continue to push and see
this as a good channel to get the Suhakam's annual report to be debated through
this Parliamentary Select Committee.
Amendments
to Human Rights Commission Of Malaysia (Suhakam) Act 1999
This was pertaining to the term commissioners and how
commissioners are selected. Suhakam is going to push for further amendments,
among them, include the need for surprise visits to detention centres,
performing a mediation role to resolve complaints, strengthening roles in human
rights cases and to push for the debate of the commission's annual report in
the Parliament. Most are old recommendations, but Suhakam continues to push for
them. As far as visits to prisons, Suhakam is not allowed to make surprise
visits, but informs prison authorities of their visit.
Suhakam has highlighted and studied current
recommendations pertaining to vulnerable groups and preventive detention. When the commission sent its UPR submissions,
it was at a stage when the Internal Security Act was abolished, but after that
the PCA was drafted which was a step back.
Suhakam made known its position that it is against IA, where innocents
are innocent until proven guilty.
Suhakam is now putting more pressure in meetings with the government.
Businesses
and human rights
Companies must ensure human rights for its workers and
other rights affected by operations.
Operations by companies like logging companies affect indigenous rights,
land rights, Suhakam has urged the government to curb this. Suhakam encouraged businesses to look at the
guiding principles of the UN when running operations to protect human rights.
Rights
of Indigenous peoples (IP), women and children
At the conclusion of the national inquiry, some of the
areas covered include the recognition of IP concept of native land. Currently,
the law doesn't take into account what IP consider as the definition of native
land. What the law is saying is what the
government wants to be native land and not what IP have followed through
generations. There are other concerns, such as their land being included in
protected areas, being included in development areas, compensation issues and
the prior and informed consent. Usually land is taken away and being developed
without their consent.
Suhakam urge the government to ensure commitment to
increasing women's role in decision-making processes, curbing sexual abuse in
marriages and at the workplace. The
commission also urged the government to ensure economic, social, and cultural
rights for the disabled children and refugee children. Migrant workers must also be protected,
especially in allowing them the right to unionise and preventing their
passports from being taken. This makes
it easy for a migrant worker to become a trafficking victim. Suhakam has not seen the progress of any
recognition of refugees and asylum-seekers.
UPR
process
On the UPR process and
follow up by the government, meaningful consultation does not happen.
When Suhakam carries out consultations with agencies, CSO and the media, those
at grassroots levels particularly the state government agencies do not know
what UPR was and do not know what the government had committed to. Only in Putrajaya people know what UPR is.
For them to have meaningful conversations, people at grassroots levels should
know what UPR is. Suhakam consults both
MP camps in Parliament.
Suhakam will
continue to step up effort to raise awareness of human rights and the
implementation of recommendations.
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Summary of verbal presentation is written by Ms Susan Tan for Proham. The thoughts were shared by Puan Rafidah Yayah at the Proham discussion on the URP and Malaysia on Oct 22, 2013
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