On Human Rights Day (Dec 10, 2013)
Proham and the Global
Movement of Moderates (GMM) hosted a discussion entitled Human Rights
Priorities for Malaysia yesterday on Dec 9, 2013. About 50 people participated including
Tan Sri Razali Ismail (GMM Chair), civil society leaders, academics, diplomats
and media personal.
The discussion focused on ‘now that the Universal Periodical Review (UPR) is over, what then are the key priorities for Malaysia in 2014 and beyond?’ ‘What are the major critical areas for Malaysia to focus on and what priorities must we address? What is our time frame so that we can have a better standing at the 3rd UPR in 2018?
The discussion was moderated
by Datuk Saifuddin Abdullah, the GMM CEO and four speakers shared their views
before the open discussion. The five speakers in the panel were:-
·
Datuk Dr Denison Jayasooria the Proham
Secretary General spoke on the theme of the UPR Review and the implications for
the Malaysian human rights agenda
·
Dr Lin Mui Kiang, the former UN Coordination
Specialist highlighted the global position on ratification of Human Rights
conventions and the position Malaysia was in.
·
Prof Dr Shad Faruqi, the UITM Law professor
and academic focused on Islam and human rights with a special emphasis on the
Cairo Declaration
·
Assoc. Prof Dr Raihanah Abdullah, the
Malaysian rep in the OIC Human Rights Commission and Director of UM
Civilization dialogue centre spoke on the role of OIC in promoting Human Rights
from a Islamic tradition consistent with UDHR
·
Tan Sri Michael Yeoh, CEO of Asli and Proham
founder member focused on Malaysia’s role in Asean and international roles for
Malaysia
Malaysia
has done well in some aspects of human rights
We recognised that Malaysia
has done well in a number of areas especially in socio and economic dimensions as
reflected in the achievements noted in the Millennium Development Goals (MDGs),
poverty eradiation through development planning and effective delivery through
Government Transformation Program (GTP) and Economic Transformation Program
(ETP).
We also recognised that
Malaysia has been active in the global levels through the promotions of Global
Movement of Moderates, peace keep forces, mediating settlements among the
Rohingyas in Myanmar, Muslim Thais in Southern Thailand and the conflict
situations in Mindano, Philippines including placing an active role in the the
Geneva based Human Rights Council and the Asean Human rights Inter-governmental
commission
Gaps
and areas for human rights improvements
However we recognise that
there are major gaps and room for improvement. The Universal Periodic Review
held on Oct 24, 2013 at the Human Rights Council in Geneva provides a good
assessment on the human rights standing of Malaysia based on the global human
rights benchmarks and instruments.
104 countries spoke and
there are 249 comments and recommendations. Contrary to what was highlighted by
some individuals and groups that the UN session on Human Rights sought to
discredit Islam and promote sexual freedom is not reflected in the detail
analysis of the 249 recommendations.
Of these recommendations 16
were recommended by Asean countries, 40 by G20 countries, 75 by OIC countries
and the remaining 118 by other UN member states.
The themes could be divided
into nine main categories namely International agreements (80 recommendations),
related to Police, courts and punishment (31 recommendations), special groups
(70 recommendations), health care (15 recommendations), freedom of expression
(13 recommendations), respect and tolerance (13 recommendations) education (9
recommendations), income inequality and poverty (8 recommendations) and general
(10 recommendations)
On matters pertaining to LGBT there are only 7 recommendations out of
248 which is only 2.8% of the total. These were highlighted by Germany, France,
Canada, Netherlands, Argentina, Croatia & Chile
On religious freedom in the context of Islam there were only 6
recommendations coming from 5 countries namely Italy, Canada, Austrai, Sudan
Iran. It was Iran who raised the matter of discrimination of religious
minorities in Malaysia. Only 2.4% of the recommendations focus on it.
Therefore, it is important
for all of us to review the UN documentation of the comments made by the 104
countries with 249 specific recommendations in totality. We must be honest,
rational and sincere in the way we review the data. We should not distort and
confuse the public through untruthful reporting of the discussions. We must
seek to resolve what is important for the good of Malaysia especially as we
envision ourselves to be a developed country for the year 2020 (within the 7
years).
Malaysian
Human Rights Priorities for 2014 and beyond
We recognise that Malaysia
has undergone two UPR reviews. The first was in 2009 and the second in 2013.
Our third review will be coming up in 2018. Therefore it is imperative for us
to draw out the major priorities and establish specific KPIs for its
realisation over the next 3 to 4 years.
In the course of the
Proham-GMM Human Rights Day Discussion we identified 10 major priority areas in
Human Rights for Malaysia.
First,
Develop a Malaysian Human Rights Action Plan. Malaysia has very good development planning policy documents like the 10th Malaysia Plan and other plans like GTP and ETP. We have a blueprint for education and recently the Prime Minister appointed the National Unity Consultative Council to formulate the National Unity Blue print within 6 months (by June 2014).
In the same way Malaysia
urgently needs a human rights blueprint with an action plan. Suhakam proposed
this in 2001. Our proposal is for Suhakam to take the lead with relevant
Federal government agencies and civil society to undertake this task urgently
and quickly. A document should be prepared within the next six months of 2014.
Second,
ratify the core human rights conventions
Malaysia has so far ratified
only 3 of the core human rights conventions. In terms of comparison with other
countries of the world we are at bottom of the global performance index. We are
at the last few internationally. Even with OIC and Asean countries we are at
the bottom of the table. Unfortunately we are long side Myanmar and North
Koreah in this regard.
Malaysia who has been two
terms on the Human Rights Council and now seeking a seat at the UN Security
council must do more in benchmarking our human rights along with UN international
human rights standards.
Therefore the ratification
of the Convention of Economic, Social and Cultural rights; the Convention of
the elimination of all forms of racial discrimination; and the Convention
against Torture must be on top of our national agenda. These are achievable as
Malaysia has done a lot in the economic, social and cultural dimensions. The
other major conventions related to civil and political rights along with that
on refuges must also be ratified in due time within the next 2 years but
definitely before the next UPR in 2018.
We feel the frequent Malaysian
excuses that we are not ready is embarrassing. It reveals that we lack the
political will and leadership to take Malaysia into the next level of human
rights. Ratification does not mean we are perfect and all is in place.
Ratification means we share
the global UN vision and aspiration for a better world where discrimination,
torture and abuse are eliminated from society and that the Government of the
day is giving a clear commitment that they are politically committed to
executive this agenda based on global standards. In addition we are making a
statement that we are prepared for global review of our performance and
execution based on universal principles.
Over some period Malaysia
will have to compile with the requirements through legislative and
institutional changes. This is similar to our current reservations on a number
of the UN requirements the case of women and children where Malaysia has some
reservations. Initially we had more but over time we are ready to accept more
of the conditions and guidelines. This is a progressive venture but the most
important is to indicate that we share in the vision of building a society free
from discrimination, torture and abuse of power.
Furthermore in Malaysia,
ratification of UN conventions does not need any parliamentary decision and
therefore this is achievable with a Cabinet decision on this matter. There is a
high expectation from society for the Federal government to play a more dynamic
role in the promotion and protection of human rights.
Third,
Strengthen Suhakam through amendments to the Suhakam act
It is proposed that the
Suhakam Act we amendment to increase its investigative and
enforcement powers for the protection of human rights in Malaysian
society. Currently Suhakam is purely an advisory body and therefore a majority
of its recommendations are not seriously taken by government agencies and those
in public office.
There is therefore a need to
strengthen compliance to human rights standards and by strengthening the powers
of Suhakam to enforce its findings it will be able to play a more effective
role as compared to the current role
In this context it is also
strongly felt that Parliament must allocate at least 2 days to debate the Suhakam Annual
Report annually. This is most basic and over the past 12 years this has
not been done. This act of providing time for debate does not need any
legislative changes and this is achievable. All it needs is the political will
for time allocated.
In addition there must be a
permanent Parliamentary Select Committee on Human Rights like the
Accounts committee that monitors the implementation of Suhakam recommendations
and human rights compliance by public institutions and agencies.
If this is not done by the
Government of the day by way of administrative action, there is therefore a
need for legislative amendments of Suhakam Act to mandate these provisions so
as to give human rights compliance a greater weight in our society.
Fourth,
establish a Human Rights Court
It is proposed that Malaysia
should establish a human rights court to give specific attention to human
rights cases and violations. Suhakam recently proposed the establishment of an
Indigenous Land Tribunal or Commission. An independent mediation mechanism like
Ombudsman could also be useful to resolve many of the unresolved issues.
Others have said they face
discrimination in the private sector especially in pay and promotions. Others
have indicated that they are discriminated in the public sector. A human rights
approach in line with an Equal Opportunities Commission might enhance the human
rights culture and strengthen compliance both in public and private sector to
human rights standards for justice, fairness and equality.
There is a need to review
this and strengthen the provision for grievance remedies similar to the labour
court or small-claims court which enable the ordinary person especially the
poor and low income seek legal remedies for their grievances based on human
rights for all.
Fifth,
that a Law Reforms committee or commission be establish
There had been much
discussion in this area previously. Therefore there is need to review this
discussion and provide a mechanism for review and analysis with a view of
establishing greater legislative compliance to human rights standards in the
context of our Federal Constitution.
Sixth,
urgent need for Policy reform in line with human rights and people centred
development
There is a need for Malaysian
development polices to draw a fair balance between economic and social rights
(education, health care, poverty eradiation, and housing) along with civil and
political rights. Development is not just one of these but need greater
holistic application.
Civil and political rights
also mean consultation and participation of all the stakeholders in the
development process including the poor. It also means ensuring accountability
and transparency in governance. It must be people centred and a people
empowerment approach is friendly to human rights.
Seven,
there is need for an effective public education and awareness program on human
rights
Human rights education is
very important as there is a distortion of the human rights agenda in Malaysia
society as being anti-Islam, anti-nation and a western agenda. An accurate
understanding of Islam and human rights including duties is necessary. The OIC
position on human rights must also guide the Malaysian discussion.
This human rights education
must be directed towards politicians and elected/nomination public officials
and civil servants especially enforcement officers. There is a need for INTAN
to incorporate a strong human rights module in the training program and
likewise in teacher training courses so as to nurture a human rights culture in
schools.
Suhakam has done lots of
work in this area with the Ministry of Education and even the Police. All these
could be updated and strengthened.
Eight,
enlist the partnership of private sector and business community in the
promotion and protection of human rights
While the focus of the human
rights discourse is on securing the State to play the role, no one can deny the
need for private sector and the business community to likewise compile with
human rights standards and benchmarks. The private sector in Malaysia is the
largest employer of workers and many issues related to workers and use of
natural resources impacts human rights
The UN Guiding principle on
business and human rights must be adopted and popularised so that Malaysian SMI
and SME will adopt a friendly human rights approach to doing business in
Malaysia. More needs to be done with the business associations and Chambers of
commerce so as to push the agenda beyond the tradition CSR approach to corporate
social responsibility.
Nine,
it is essential for the Federal Government to establish a permanent mechanism
for stakeholder consultation and engagement in human rights.
The UPR mechanism has shown
that the UN is very consultative and transparent in this process and therefore
civil societies have access to this international platform. The officials at
the Ministry of Foreign Affairs as well the Attorney General office must adopt
a far great engagement approach especially with human rights based civil society
organisations.
A formal mechanism and
periodical engagement is important and fostering a partnership will enhance the
human rights position of Malaysia globally.
Tenth,
it is necessary to be open, rational and reasonable in our approach in human rights
development
It is important that there
are many diverse views in the human rights discussion and it is important to be
tolerant to views that are different. Any attempt to criminalise, demonise and
distort human rights concerns is not helpful and does great injustice to
national building. We must have respect for the democratic process and fair and
reasonable discussions must be the format.
The UN instruments will be
the best benchmark for global standard setting. Regional instruments like the
Cairo Declaration for Human Rights from an Islamic dimension and the Asean
Human Rights Declaration are also useful instrument to enhance our rational and
objective discussion in strengthening human rights compliance in Malaysia
society.
Released
jointly by:-
Datuk
Saifuddin Abdullah, CEO, GMM and Datuk Dr Denison Jayasooria, Secretary-General, Proham
Dec 10, 2013
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