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Thursday 29 October 2015

Human Rights and the 2030 Agenda for Sustainable Development

It is increasingly recognized that human rights are essential to achieve sustainable development. The Millennium Development Goals (MDGs) served as a proxy for certain economic and social rights but ignored other important human rights linkages. By contrast, human rights principles and standards are now strongly reflected in an ambitious new global development framework, the 2030 Agenda for Sustainable Development.


In September 2015, 170 world leaders gathered at the UN Sustainable Development Summit in New York to adopt the 2030 Agenda. The new Agenda covers a broad set of 17 Sustainable Development Goals (SDGs) and 167 targets and will serve as the overall framework to guide global and national development action for the next 15 years.

The SDGs are the result of the most consultative and inclusive process in the history of the United Nations. Grounded in international human rights law, the agenda offers critical opportunities to further advance the realization of human rights for all people everywhere, without discrimination.

How are the SDGs different?

Universal: While the MDGs applied only to so-called ‘developing countries’, the SDGs are a truly universal framework and will be applicable to all countries. All countries have progress to make in the path towards sustainable development, and face both common and unique challenges to achieving the many dimensions of sustainable development captured in the SDGs.

Transformative: As an agenda for “people, planet, prosperity, peace and partnership”, the 2030 Agenda offers a paradigm shift from the traditional model of development. It provides a transformative vision for people and planet-centred, human rights-based, and gender-sensitive sustainable development that goes far beyond the narrow vision of the MDGs. 

Comprehensive: Alongside a wide range of social, economic and environmental objectives, the 2030 Agenda promises “more peaceful, just and inclusive societies which are free from fear and violence” with attention to democratic governance, rule of law, access to justice and personal security (in Goal 16), as well as an enabling international environment (in Goal 17 and throughout the framework). It therefore covers issues related to all human rights, including economic, civil, cultural, political, social rights and the right to development.

Inclusive: The new Agenda strives to leave no-one behind, envisaging “a world of universal respect for equality and non-discrimination” between and within countries, including gender equality, by reaffirming the responsibilities of all States to “respect, protect and promote human rights, without distinction of any kind as to race, colour, sex, language, religion, political or other opinions, national and social origin, property, birth, disability or other status.”

Moving forward

OHCHR has made a strong contribution to the integration of human rights throughout the process to define the SDGs and will seek to ensure that strategies and policies to implement the 2030 Agenda are human rights-based.
In this regard, it will be crucial to ensure that the 2030 Agenda is implemented with the support of the necessary resources and political commitment. Effective accountability mechanisms, addressing the duties of States as well as the private sector, should be established.

The Addis Ababa Agenda for Action, adopted at the Third International Conference on Financing for Development in Addis Ababa in July 2015, provides the basis for a revitalized global partnership for sustainable development. The latter document outlines the resources - financial and other - and the partnerships, needed to achieve the SDGs.

As currently planned, reviews of national and regional SDG progress will be supported by regular global reviews of overall progress at the High Level Political Forum. In line with the promise of the 2030 Agenda to ‘leave no one behind’, monitoring efforts should assess progress in achieving results for all people. This will require disaggregated data that clearly reveals the situation of the most disadvantaged groups and those groups affected by discrimination. To response to this data challenge, associated opportunities and risks, human rights-based approaches to data and statistics will be essential. Monitoring should focus on the progressive reduction of inequalities over time at the local, national, regional and global levels, and linkages with the international human rights mechanisms should be strengthened.

http://www.ohchr.org/EN/Issues/MDG/Pages/MDGPost2015Agenda.aspx

Wednesday 28 October 2015

Align goals to human rights

By TAN SRI HASMY AGAM,Chairman, 
The Human Rights Commission of Malaysia (Suhakam)

THE Human Rights Commission of Malaysia (Suhakam) welcomes the official adoption of a new international framework, “Transforming Our World: The 2030 Agenda for Sustainable Development”, at the United Nations Sustainable Development Summit on Sept 25. 

This comprehensive, far-reaching and people-centred set of universal and transformative goals comprise 17 sustainable development goals (SDGs) and 169 targets that seek to guide international development, priorities and collaboration up to 2030 to end poverty, fight inequality and injustice, and tackle climate change. 

The 2030 agenda, which strongly reflects human rights principles and standards, is guided by the purposes and principles of the Charter of the United Nations, which includes full respect for international law, and is further grounded in the Universal Declaration of Human Rights, among others. All UN member states, including Malaysia, are therefore expected to use the SDGs to frame their agendas and policies over the next 15 years.

 As human rights are essential to achieve sustainable development, Suhakam believes that a human rights-based approach can enhance and guide national strategies for achieving the SDGs domestically. 

SDGs are inextricably linked to human rights through the following goals: CONCERNING ECONOMIC, SOCIAL AND CULTURAL RIGHTS Quite a few goals place emphasis on the importance of economic and social rights, such as poverty (Goal 1); food security and improved nutrition (Goal 2); health and well-being (Goal 3); quality education (Goal 4); and water and sanitation (Goal 6); which are all enshrined in the International Covenant on Economic, Social and Cultural Rights (ICESCR). 

Suhakam advises the government to accede to the ICESCR as soon as possible in order to be guided by a normative framework, reinforced by universally recognised values in implementing national policies to effectively achieve the SDGs. CONCERNING CIVIL AND POLITICAL RIGHTS SDG 16 relates to access to justice for all, and its targets include the end of trafficking, promoting the rule of law, reducing corruption, ensuring the right to information, and the protection of fundamental freedoms, among others. This recognises the inevitable link between civil and political rights, and achieving sustainable development. 

Accordingly, Suhakam advises the government to promptly accede to the International Covenant on Civil and Political Rights to assist Malaysia in successfully implementing the 2030 Agenda with the continued and expanding participation of all stakeholders. Reducing inequalities is also one of 17 Goals of the 2030 Agenda (Goal 10). National policies must now aim to be universal in principle, while paying attention to the needs of disadvantaged and marginalised populations, such as the Orang Asal/ Orang Asli.

In fully realising the 2030 Agenda, Suhakam is committed to promoting the human rights dimensions of the SDGs by, among others, providing education to all stakeholders, including relevant ministries, parliamentarians and civil society. Suhakam also hopes to advise the government on the human rights compatibility of domestic policies that may be implemented to realise the SDGs. 

Suhakam stresses that achieving the SDGs, which comes into effect on Jan 1 next year, by 2030, will require collaboration within government agencies. Furthermore, placing human rights accountability at the nucleus of the SDGs is crucial in ensuring that commitments made by Malaysia at international level are honoured in practice. 

Suhakam hopes that the agenda will be embraced across all ministries and integrated into national planning and policies, including in the National Human Rights Action Plan after consultative processes with multi-stakeholders. Suhakam stresses that the role of the commission, private sector and civil society are crucial to fully implementing the SDG agenda. 

Read More : http://www.nst.com.my/news/2015/10/align-goals-human-rights (Oct 28, 2015)

Bar Council Public forum on SOSMA – WOLF in Sheep’s Clothing?


Date: 3 Nov 2015 (Tuesday)

Time: 8.00 pm (registration begins at 7.30pm)

Venue: Raja Aziz Addruse Auditorium, Straits Trading Building, Unit 2-02A, 2nd Floor, Leboh Pasar Besar, 50050 Kuala Lumpur

Admission is free but registration is required.

Security Offences (Special Measures) Act 2012 (“SOSMA”) vests extraordinary and wide-ranging powers with the Executive. SOSMA contains an extremely broad definition of what constitutes a “security offence”. It allows for an initial detention of 24 hours by the police to be extended for up to 28 days if authorised by a police officer above the rank of superintendent, without any supervision by the courts. In addition, detainees can be denied access to legal counsel for up to 48 hours after arrest and also denied bail. Under SOSMA, all offences under Part VI and Part VIA of the Penal Code are considered security offences and are triable in the High Court.


Despite the Government’s initial assurance that SOSMA was legislated to address terrorism threats and violent conduct, we are now witnessing its misuse. The case of Dato’ Sri Khairuddin Abu Hassan and his lawyer Matthias Chang, a Member of the Bar, raises serious concerns over the misuse of SOSMA. Are we witnessing yet another attempt to resurrect the Internal Security Act 1960 or Essential (Security Cases) Regulations 1975? The original purpose of SOSMA, and its utility as a means for investigative detention - not preventive detention - is now open to question.

                        7.30 pm – 8.00 pm      Registration

8.00 pm – 8.10 pm      Welcome remarks

8.10 pm - 8.30 pm      Opening Address by Steven Thiru, President, Malaysian Bar

8.30 pm – 8.50 pm      Invited speaker

8.50 pm – 9.10 pm      Representative from Attorney General’s Chambers    (tbc)

9.10 pm – 9.30 pm      Invited Speaker

9.30 pm – 9.50 pm      Amer Hamzah Arshad, Member of the Bar

9.50 pm - 10.30 pm    Q&A

10.30 pm                    End

Kindly confirm your attendance (using the reply slip/circular attached) to:
Satha Selvan (03-2050 2092; satha@malaysianbar.org.my) or
Sumitha Shaanthinni Kishna (03-2050 2090; sumitha@malaysianbar.org.my)

Fax: 03-2031 6640

Friday 23 October 2015

PANEL DISCUSSION ON SUSTAINABLE DEVELOPMENT GOALS AND HUMAN RIGHTS

AS FRAMEWORK FOR CONFLICT RESOLUTION AND MEDIATION:
IMPLICATIONS FOR ASEAN & MALAYSIA

2.00 - 4.30 p.m., 27th October 2015

Meeting Room 310, Level 3,
Kuala Lumpur Convention Centre, KL
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PROGRAMME OBJECTIVE:
·         To review the Agenda 2030 document on Sustainable Development Goals which was endorsed by the global community in New York at the UN General Assembly held on Sept 25, 2015

·         To draw out the implications of this agenda on development, human rights, environment and democracy

·         To note the implications for development planning and economic growth in ASEAN in general and Malaysia in particular

·         To discern the usefulness of the SDG framework in addressing socio-economic deprivation together with peoples participation as a strategy to foster conflict resolution and reconciliation
  
·         To discuss the possibility of establishing a Malaysian Civil Society Alliance on SDG: Agenda 2030 for policy advocacy and monitoring

PANEL SPEAKERS
Datuk K. Yogeesvaran (EPU, JPM): SDG & Malaysia’s Commitment
Dato' Aishah Bidin (SUHAKAM): SDG & Human Rights
Mr Alizan Mahandi (ISIS): SDG, Sustainability & Environment
Mr Asrul Daniel (GMM): SDG & Conflict Resolution
Mr Andrew Khoo (Bar Council): SDG & Access to Justice
Ms Ivy Josiah (PROHAM): SDG & Gender
Mr Stephen Dass (Yayasan Budi Penyayang): Youth & SDG
Mr Mohammad Shukri (COMMACT): SDG & People Centred Development
Dr Jun-E Tan (ASEC): SDG & Solidarity Economy
Dr Khoo Ying Hooi (University Malaya): SDG & ASEAN Community
PANEL MODERATOR: Datuk Dr Denison Jayasooria (KITA-UKM & PROHAM)
For further reading:-

For further enquiries and reservation, kindly contact:

GMM Programmes Division, Mr. Afandi Rafi
Tel +603 2095 1115/ +6012 343 3763 Email
afandi@gmomf.org

Tuesday 20 October 2015

NGO calls on govt to form Nat’l Consultative Council on Agenda 2030

KUALA LUMPUR: A non-governmental association has urged the government to establish a National Consultative Council on Agenda 2030 to participate in discussions pertaining to development, economy, human rights and the environment. 

The Society for the Promotion of Human Rights (Proham) secretary-general Datuk Dr Denison Jayasooria said the council, similar to the Economic Planning Unit’s National Economic Consultative Council should be facilitated to enhance the participation of all stakeholders in an effective manner. “The federal government must ensure that this council is comprised of Malaysians from both sides of the political divide, as well as representatives from ethnic, professional societies, including members from academia, civil society and the private sector,” he said in a statement. 

He said Proham recognised Malaysia’s endorsement of the United Nations 2030 Global Agenda action plan in New York, during the United Nations General Assembly, recently. This action plan, which replaces the Millennium Development Goals (MDG), 

Denison added, is universal in nature and comprehensive in the range of issues and concerns addressed pertaining to development, economy, human rights and the environment. 

“Prime Minister Datuk Seri Najib Razak has made an open pledge for its effective implementation in Malaysia and its role in the global and regional arena.” Denison said a lecture to discuss matters pertaining to human rights and sustainable development goals organised by Proham was recently held. The talk was delivered by former United Nations Coordination Specialist (Malaysia) Dr Lin Mui Kiang.

 “In the discussion, several key issues were raised which requires greater attention in Malaysia. 

First, the Agenda 2030 could serve as the Outline Perspective Plan for Malaysia (2016-2030) thereby encompassing three Malaysia Plans. “Concerns were also raised on effective implementation and monitoring. In this context, it was felt that capability building of the officers is necessary so that they can undertake the delivery in a more effective way,” he said. 

He also said the discourse of human rights in the country were very narrowly defined and inconsistent with the global agenda. Proham, he said, was concerned with the downplaying of the human rights framework for sustainable development, especially the empowerment of the poor, women and indigenous forest-based communities. 

“It was also felt that greater efforts must be taken by the government to collect and release data including dis-aggregated data to ensure all sections of the ‘bottom 40 per cent’ community especially forest-based communities and ethnic minorities have equal access to the services in the spirit of inclusive development for all. 

“Also, while it is the primary role of the civil service to ensure effective delivery and monitoring, it was felt that there must be greater space provided for civil society, academics and private sector participation in this process,” added Denison.

Read More : http://www.nst.com.my/news/2015/10/ngo-calls-govt-form-nat%E2%80%99l-consultative-council-agenda-2030

Sunday 11 October 2015

Seminar on Global Agenda 2030


SUSTAINABLE DEVELOPMENT GOALS AND HUMAN RIGHTS
AS FRAMEWORK FOR CONFLICT RESOLUTION AND MEDIATION:
IMPLICATIONS FOR ASEAN & MALAYISA
Hosted by Global Movement of Moderates, PROHAM & KITA-UKM

Date:               Oct 27, 2015 (Tuesday)
Time:               2.30pm – 4.30pm
Venue:             KL Convention Centre, KLCC (Level 3)

Objectives

To review the Agenda 2030 document on Sustainable Development Goals which was endorsed by the global community in New York at the UN General Assembly held on Sept 25, 2015
To draw out the implications of this agenda on development, human rights, environment and democracy
To note the implications for development planning and economic growth in ASEAN in general and Malaysia in particular
To discern the usefulness of the SDG framework in addressing socio-economic deprivation together with peoples participation as a strategy to foster conflict resolution and reconciliation  

Panel speakers & sub themes:
(Speakers invited but subject to confirmation. 10 minutes each speaker)

SDGs from Global perspective: Ms Michelle Gyles-McDonnough or UN Malaysia Representative
SDG from Malaysian perspective: Datuk Seri Dr Rahamat Bivi Yusoff. Director General of Economic Planning Unit, PM Department or representative
SGD from Human Rights perspective: Tan Sri Hasmy Agam or Suhakam Commissioner
SDG from ASEAN perspective as ASEAN community: Tan Sri Dr Michael Yeoh (ASLI & CPPS) or representative
SDG from Environmental perspective: Dr Hezri Adnan (ISIS Malaysia) or representative
SDG from people centred development perspective:  Datuk Dr Denison Jayasooria (Proham Secretary General & Principal Research Fellow, Institute of Ethnic Studies, UKM)
Panel Moderator: Dato Saifuddin Abdullah (GMM)

For further reading:-


Registration: Participation is free. Please register with: Mr Afandi M. Rafi (GMM) Email: afandi@gmomf.org Mobile: 012 343 3763

Freedom fund ready to help after court ruling on Sedition Act

BY SHERIDAN MAHAVERA
Published: 12 October 2015 9:00 AM

Activists and civil society leaders during the launch of the Freedom Fund last May. The fund seeks to help those taken to court for exercising their freedom of speech and assembly.

Activists and civil society leaders during the launch of the Freedom Fund last May. The fund seeks to help those taken to court for exercising their freedom of speech and assembly.

A fund formed earlier this year to help those exercising their freedom of speech and assembly is gearing up to handle more requests for aid, in light of last week’s court decision that the Sedition Act is constitutional.

The Federal Court's October 7 ruling against law professor Dr Azmi Sharom means over 30 cases under the controversial Sedition Act which had been postponed will now go to trial.

The cases involve politicians, activists, lecturers and lawyers, all of whom have been charged under the colonial-era law for, among other things, criticising the authorities, organising rallies against Barisan Nasional (BN) leaders and giving academic opinions on national issues.

  The fund expects to get applications from dissidents, who face charges under other laws such as the Penal Code, the Peaceful Assembly Act 2012, Communications and Multimedia Act 1998 and state religious enactments.

Thomas Fann, who leads the working committee managing the fund, is confident that they won’t have any problems raising money to help the defendants in such cases.
“Going by the experience in the Bersih 4 rally, Malaysians are generous when it comes to supporting ‘freedom fighters’ and those who fight corruption and intimidation’,” said Fann, who chairs citizen action group Engage.

Electoral reforms coalition Bersih 2.0 had collected RM2.6 million in public donations in the run-up to its August 29-30 rally to demand democratic reforms and Prime Minister Datuk Seri Najib Razak’s resignation over alleged financial scandals.

The Freedom Fund has one catch: it will not support those whose actions and speech clearly incite violence and hatred among the various races and religions.

How it works

The fund first began by aiding the families of 13 PAS members who had been sentenced to 10 months in prison for protesting the swearing-in ceremony of Perak Menteri Besar Datuk Seri Zambry Abdul Kadir in 2009.

Zambry had come to power after the controversial downfall of the then Pakatan Rakyat government, due to a walkover by some Perak PR state assemblymen.

Fann said the fund had successfully collected enough money to give RM2,000 per month to each of their families for the five months they spent in prison.

“The 13 lost their jobs before they went to jail and they couldn’t support their families,” he said, adding that the case became a model for how the fund now operates.
The fund is overseen by a board that comprises some of the most prominent names in Malaysian civil society, such as Datuk Ambiga Sreenevasan, Maria Chin Abdullah, Tan Sri Ramon Navaratnam, Tan Sri Simon Sipaun and Datuk Noor Farida Ariffin.

“One hundred percent of the money we collect goes to the cases. The administrative costs of the fund are separate and borne by volunteers who are on the working committee.”

Instead of setting an overall target, the fund seeks donations on a per-case basis and dispenses the money as quickly as it receives them, said Fann.

As a general rule, it only pays for court fees such as filing fees and bail, and since the cases are of public interest, lawyers usually give their services pro bono, said Fann.
There are exceptions to this, such as the case of Wan Sulaiman Wan Ismail, who has been charged by the Perak Religious Department for expressing different views on Islam.

In Wan Sulaiman’s case, the fund is helping to pay for a Shariah court lawyer since they could not find one who could take the case  pro bono, according to the Freedom Fund site reedomfund2015.wordpress.com.

Countering intimidation

Besides Wan Sulaiman’s case, the fund has helped pay the bail charges for Maria and activists Mandeep Singh, Adam Adli and Fariz Musa, who were charged in connection with the March 28 #Kitalawan rally.

“We expect to be very active after the Azmi Sharom case but we are ready.”

Besides providing relief, the fund is also a counter to the atmosphere of intimidation and fear spread by these prosecutions, by showing that Malaysians will support those who are punished for speaking up against the authorities.

“Previously, when someone was charged with sedition, their friends would to come to their aid and collect money.

“Now we have a one-stop centre and reference point for anyone who feels they have been prosecuted for exercising their rights under Article 10 of the Constitution,” said Fann.

The fund is also non-partisan, and would consider helping people such as Umno member Datuk Khairuddin Abu Hassan who is being held under the Security Offences (Special Measures) Act 2012 (Sosma).

Khairuddin was detained under Sosma on September 23 after he started a campaign to get foreign agencies investigate claims of graft and wrongdoing in debt-ridden 1Malaysia Development Berhad (1MDB). – October 12, 2015.

- See more at: http://www.themalaysianinsider.com/malaysia/article/freedom-fund-ready-to-help-after-court-ruling-on-sedition-act#sthash.41rbmK0G.dpuf

Friday 2 October 2015

HUMAN RIGHTS & SUSTAINABLE DEVELOPMENT GOALS


“NO ONE WILL BE LEFT BEHIND”-

PROHAM congratulates the global community & the United Nations in formulating the 2030 Global Agenda entitled “Transforming our world: The 2030 Agenda for sustainable Development”.

This action plan which replaces the Millennium Development Goals (MDG), is universal in nature and comprehensive in the range of issues and concerns addressed pertaining to development, economy, human rights and the environment.

The theme of “no one will be left behind” is most critical so as to ensure that inclusive development is within the reach of all people and communities.

PROHAM also recognises that Malaysia endorsed this global action plan and at New York the Prime Minister has made an open pledge for its effective implementation in Malaysia and its role in the global and regional arena.

Yesterday (Oct 1, 2915), PROHAM hosted a lecture entitled “Human Rights and Sustainable Development Goals” (SDG) delivered by Dr Lin Mui Kiang at Brickfields Asia College, PJ Campus
In the lecture she heighted the details of the 2030 agenda with 17 goals and 169 specific targets. 

She recognised that Malaysia did very well in fulfilling the MDGs but also indicated that there were some gaps in addressing urban poverty & inequality, concerns pertaining to quality of education and achievements as well as some emerging health issues which should be addressed in the SDGs.

It was noted that the SDGs will provide a more comprehensive framework in addressing the concerns of the bottom 40% ensuring not just equal access but also outcomes. The SDGs build on a strong commitment to people centred development, human rights, environmental sustainability.

In the discussion that followed a number of key issues were raised which requires greater attention in Malaysia. These include:-

First, the Agenda 2030 could serve as the Outline Perspective Plan for Malaysia (2016 -2030) thereby encompassing three Malaysia Plan (11th, 12 & 13)

Second, concerns were raised on effective implementation and monitoring. In this context it was felt that capability building of the officers is necessary to enhance so that they can undertake the delivery in a more effective way.

Third, concern was raise with the dual talk of national leaders – the conversation and discourse at the global stage is very universal and human rights friendly however at the home ground issues are very narrowly defined and inconsistent with the global agenda. There is often a down playing of the human rights framework for sustainable development especially the empowerment of the poor, women and indigenous forest based communities. 

Fourth, it was felt that greater efforts must be taken by government to collecte and release data including disaggregated data so as to ensure all sections of the Bottom 40% community especially forest based communities and ethnic minorities have equal access to the services in the spirt of inclusive development for all.

Fifth, while it is the primary role of the civil service to ensure effective delivery and monitoring, it was felt that there must be greater space provided for civil society, academics and private sector participation in this process.

An open dialogue process should be facilitated so as to enhance the participation of all stakeholders in an effective way as sustainable development partners.

In this context PROHAM proposes that the Federal Government establishes a “National Consultative Council on Agenda 2030” very much like the National Economic Consultative Council of the past with a full time secretariat utilising existing resources from within EPU, ICU & Pemandu.

The Federal Government must ensure that this Council is comprised of Malaysians from both sides of the political divide as well as representatives from ethnic, professional societies including members from academia, civil society and private sector.

Issued on behalf of PROHAM by Datuk Dr Denison Jayasooria, (PROHAM, Secretary General)

Oct 2, 2015