- To ensure that
it is consistent with global human rights standards. Further, PROHAM calls on
political parties in GE14 to declare their commitment to human rights.
PROHAM is greatly
disappointed in the Malaysian government for its lacklustre commitment to Human
Rights as reflected in its formulation of the National Human Rights Action Plan
(NHRAP) as mandated by the Vienna Convention and subsequently suggested by
SUHAKAM in 2001 and also recommended by the Universal Periodical Review (UPR)
in 2009 and 2013. Despite taking over five years to draw up, the NHRAP as
currently formulated falls short of the current global human rights standard
due to but obviously not limited to the following reasons:-
First, the
statement in the NHRAP “UDHR tidak sepatutnya dijadikan satu-satu rujukan untuk
memahami hak assasi manusia di dunia. Sebaliknya, instrument-instrumen lain
khususnya CDHRI (Cairo Declaration on Human Rights in Islam) juga perlu
dijadikan rujukan primer oleh negara-negara Islam” is a clear attempt to down
play the universality of Human Rights but barely justified with a brief
reference to universality verses cultural relativism.
The foundations of
the global position on human rights is the UN Universal Declaration of Human
Rights (UDHR). All member states accept this as it is now part of the UN
Charter and the foundation upon which all other human rights declarations and
conventions are built upon such as the Convention on Civil and Political Rights
(ICCPR), the Convention on Economic and Social Rights (ICESCR), the Convention
on the Elimination of All Forms of Discrimination Against Women
(CEDAW), the Convention on the Rights of the Child (CRC) and the Convention on
the Rights of Persons with Disabilities (CRPD). Of which the latter three have
been ratified by Malaysia.
Second, while the
NHRAP states that it is consistent with the Federal Constitution, it has however
to a certain extent limited its application to Syariah law and the Syariah
courts; which as per the Federal Constitution is a matter for each State and
only applicable to Muslims only.
The term universal
in the human rights language is applicable to all, irrespective of religion,
ethnicity or race or gender. Therefore, human rights law is for all and not for
one religious community. In the Malaysian context these laws must be consistent
with the Federal Constitution.
Third, in the
action plan we note that the ratification of UN conventions such as ICCPR,
ICESCR, International Convention on the Elimination of All Forms of Racial
Discrimination (ICERD), and the Convention Against Torture (CAT) are all listed
under long term measures taking between five to ten years. The formulation of
NHRAP took over 5 years and hence, these Conventions ought to have been
studied, reviewed and recommended for ratification. They ought not to be listed
under long term measures especially since the ratification of these UN conventions
were already recommended by the UN community in 2009 and 2013 UPR process.
PROHAM therefore
concludes that the NHRAP has downplayed Malaysian’s standing in the global
community on human rights matters with a very weak political commitment to UN
global human rights standards. This is an unfortunate position after being in
the United Nations since 1957 as a member and also having been a member of the
Human Rights Council and Security Council.
Therefore, PROHAM
calls on the post GE14 Government to withdraw the NHRAP as currently formulated
and constitute a new body together with the Human Rights Commission of Malaysia
(SUHAKAM) to rewrite the NHRAP to one which is consistent with the UN Handbook
on NHRAP and the Federal Constitution, before the November 2018 UPR in the
Human Rights Council in Geneva.
PROHAM also calls
on all political parties and candidates in GE14 to make a commitment to global
human rights standards based on the Federal Constitution and the UDHR.
Issued on behalf of
PROHAM by:-
Datuk Kuthubul
Zaman Bukhari (Chairman, PROHAM) & Prof Datuk Dr Denison Jayasooria (EXCO
member, PROHAM)
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