COMANGO urges government to take UPR commitments seriously

Seven Doraisamy (Suaram) presenting the COMANGO statment

PRESS STATEMENT

By Coalition of Malaysian NGOs in the UPR Process (COMANGO)

The Coalition of Malaysian NGOs in the UPR Process (COMANGO) urges the government to uphold its commitments to the recommendations which were accepted in March 2014 during its second cycle of the Universal Periodic Review (UPR). The government is encouraged to make their UPR pledges public — in Malay, Mandarin and Tamil — and allow for public review of the implementation of these. Additionally, the government should take all necessary steps and measures to put an end to the regression of human rights values in Malaysia and renew its commitment to the protection and promotion of human rights.  

Malaysia is encouraged to submit a mid-term report to the Office of the United Nations Commissioner for Human Rights (OHCHR). However, the government, through previous consultations with civil society organizations had indicated that it was not inclined to do so.

COMANGO, on the other hand, will be sending its mid-term report to the OHCHR as mandated under the Human Rights Council Review 2011.[1] The mid-term report details the assessment of implementation of a total of 60 UPR recommendations which Malaysia had accepted which are deemed specific and measureable. Among these recommendations, only 20% were fully implemented by the government. More worryingly, 57% of these recommendations have witnessed a regressing situation of increasing violations of human rights, and a trend of growing impunity.

Furthermore, since the October 2013 review, the Government has failed to translate Malaysia’s 2013 National Report, the Report of the Working Group on the UPR, and the Addendum to the Working Group Report. Peoples in Malaysia should know the international human rights standards that the government had promised to uphold.

For its part, COMANGO is pleased to launch the bilingual version of our report that was submitted to the UN Human Rights Council in 2013. We will be disseminating the bilingual version of our UPR report nationwide as part of our continuing work in engaging the government to uphold its commitments to respect, protect and fulfill the human rights of all persons in Malaysia as part of the UPR process.

COMANGO calls on the government to take its UPR commitments seriously and carry out efforts to include as many relevant stakeholders as possible. The UPR should be an open and participatory process where the government works together with rights-based civil society organisations, the national human rights commission and international bodies to reach a common goal of improving the human rights conditions on the ground.

UPR is a mechanism of the UN Human Rights Council aimed at improving the human rights situation on the ground of each of the 193 member states of the United Nations. In Malaysia’s context, government representatives will be scrutinized through a process of peer review in 2018, which by then will be its 3rd UPR cycle thus far.

For more information, please contact ;-

Angela Kuga Thas – uprmonitor@empowermalaysia.org

Rizal Rozhan – upr@empowermalaysia.org

Contact No:        +603 7784 4977

Released by:

Persatuan Kesedaran Komuniti Selangor (EMPOWER)

Suara Rakyat Malaysia (SUARAM)

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[1]  The Human Rights Council on UPR under item 8 states that: “other relevant stakeholders are encouraged to include in their contributions information on the follow-up to the preceding (UPR) review”.

NGOs concerned over regressing human rights

By Robin Augustin (FMT)

 | May 20, 2016

Reporting a decline in freedoms such as freedom of expression and religion, Comango urges government to honour its commitment to the UN’s recommendations.

PETALING JAYA: The Coalition of Malaysian NGOs (Comango) is concerned with the regression of human rights in the nation.

At a press conference on its midterm Universal Periodic Review (UPR) process report, the group, made up of 54 NGOs, revealed its assessment of 60 measurable recommendations out of the 113 recommendations accepted by Malaysia in 2014.

The UPR report details United Nations member state’s performance in relation to the implementation of human rights recommendations it has accepted based on recommendations of other countries.

In its midterm report, Comango revealed that only 20% of the 60 recommendations had been fully implemented, while 57% of the recommendations have seen a regressing situation.

Areas which have seen a regression are freedom of expression, freedom of assembly and association, freedom of religion, elections and migrant workers among others.

Suara Rakyat Malaysia (Suaram) Executive Director Sevan Doraisamy highlighted the increased use of the Sedition Act 1948 for political reasons as one of the examples in which freedom of expression had regressed.

“Additionally amendments to laws such as the Communication and Multimedia Act 1998 may stifle freedoms.”

In the case of freedom of assembly and association, Sevan said the government had not taken steps to raise standards of press freedom, and that press freedom had been affected by the blocking of websites.

On the issue of women’s rights, Women’s Aid Organisation Advocacy Officer Lainey Lau said that while progress was being made, the government was still too slow to develop or amend laws to protect women.

This, she said, included a law against marital rape, which countries such as China, Hong Kong, Lesotho and Albania already had.

Jaringan Kampung Orang Asli Semenanjung Malaysia (JKOASM) activist, Rizuan Tempek, meanwhile, lamented the negligible protection of indigenous peoples’ land rights, with land grabs and encroachment cases still being reported.

Comango said it was not too late for the government to honour its commitments in relation to the recommendations it accepted and urged the government to do so, as well as work with civil society groups in the process.

The group also urged the government to translate its obligatory five year report into Bahasa Malaysia and disseminate it to the public.

Every five years, UN member states are required to submit their UPR report, while non-governmental organisations and rights groups are encouraged to submit shadow reports.

Governments are not required to submit mid-term assessments.

Also at the press conference were representatives from Persatuan Kesedaran Komuniti Selangor (Empower),Pusat Komunikasi Masyarakat ( Komas ) and The Society for the Promotion of Human Rights (Proham).

Source: http://www.freemalaysiatoday.com/category/nation/2016/05/20/ngos-concerned-over-regressing-human-rights/

Stop undermining Human Rights in Malaysia

PROHAM expresses its disappointment with the Government of Malaysia in its handling of the matters pertaining to SUHAKAM. This is totally unacceptable and unbecoming of a responsible government. Three areas of concern.

The first, is the provision of adequate funds for the work of SUHAKAM. It is totally unacceptable that the government of Malaysia is unable to find an additional RM5 million for SUHAKAM in 2016. The budget cut by 50% is unacceptable as a RM10 to RM12 million annually is a very small sum in light of the total federal spending. It is unbelievable that the government is unable to find the additional funds which it is obligated to provide.

Second, there is reference made recently that the geographical spread of SUHAKAM’s promotional and protection work is narrowed down to just the Klang valley. PROHAM calls the Minister referred to namely Dato Paul Low to verify and clarify the statement which is quoted as a written parliamentary reply. This too is totally unacceptable as the promotion and protection work must have a national coverage to all the states in the Peninsular as well as the states of Sabah and Sarawak.  

Third, we are once again in an unacceptable situation where there is a Commission without commissioners. It is the duty of the Federal Government that ensure that the appointments are made in due time of the expiry of the tenure of Commissioners. This failure to comply with human rights standards and obligations is reflective of the low priority placed on human rights by the current administration.

SUHAKAM was established in 1999 about seventeen years ago. Malaysia has previously played an active role in the United Nations both in the Security Commission and UN Human Rights Commission. It is of utmost importance that the work of SUHAKAM is not undermined but enhanced in accordance to international human rights standards.

Therefore PROHAM calls on the Federal Government to fulfill its obligations based on the SUHAKAM Act as well as Malaysia’s international obligations.

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

May 19, 2016

PROHAM ON DR ZAKIR NAIK & FREEDOM OF SPEECH FOR ALL

PROHAM respects and promotes the right of freedom of speech, subject to the limits permitted by international human rights norms. However, the Government must not permit hate speech i.e. speech that incites discrimination hostility or violence against other people because of their race or religion.  

The Government having allowed Dr Zakir Naik the freedom of speech, must similarly grant the same right to all. Hence, the Government should not restrict the rights of Malaysians by using the archaic Sedition Act to curb freedom of speech.

In the case of controversial Muslim preacher Dr Zakir Naik, there are many competing rights and freedoms at play.

There is, of course, the right of Dr Naik to speak and to proselytize, though that may be subject to question since he is a visitor to our shores.

The right to propagate religion is one recognized by international human rights law. In Malaysia, however, that right is somewhat restricted by our Federal Constitution where State law may control or restrict the propagation of any religious doctrine amongst persons professing Islam.

There is also the right of those attending his talks to hear what he has to say, also a manifestation of freedom of speech which allows people to speak but also the right of others to receive information.

Free speech can only be restricted on certain very specific grounds. Article 19 of the International Covenant on Civil and Political Rights (ICCPR) provides the international standard on free speech, though regrettably Malaysia is not yet a party to this Convention.

The ICCPR provides that free speech can only be restricted in circumstances that are specified by law and by means that are necessary

“(a) For respect of the rights or reputations of others;”

“(b) For the protection of national security or of public order (ordre public), or of public health or morals”

On the other hand, under Article 20 of the ICCPR, countries are obliged to make laws to protect against “hate speech”. Article 20 provides as follows:

“Article 20

“1. Any propaganda for war shall be prohibited by law.

“2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.”

PROHAM therefore urges the Government to look at the Rabat Plan of Action 2013 promoted by the United Nations which emphasizes the interdependence of human rights and the critical role Human Rights play in creating an environment in which a constructive discussion about religious matters could be held. 

The Rabat Plan of Action provides recommendations for states in terms of legislation, jurisprudence and policy to achieve the desired space for future and open discussion that promote inclusion and respect diversity.

In the above context, PROHAM urges the Government to seriously reconsider whether Dr Zakir Naik fits the criteria laid down in the Rabat Plan of Action and the ICCPR before allowing him to speak on similar issues considering that two Commonwealth nations, the United Kingdom and Canada do not allow him into their jurisdiction.

As a secular democracy with a majority of its populations professing Islam, Malaysia is in a unique and enviable position with its long history of racial and religious harmony. PROHAM urges the Government to judiciously ensure that such racial and religious harmony is not jeopardized.

Issued on behalf of PROHAM by Datuk Kuthubul Zaman Bukhari (PROHAM Chairman)

DIRE NEED FOR INSTITUTIONAL REFORMS TO UPHOLD THE RULE OF LAW AND FOR EFFECTIVE CHECKS AND BALANCES

HAKAM | National Human Rights Society

STATEMENT DATED 18 APRIL 2016

1. HAKAM is gravely concerned with the seemingly increasing disregard for the fundamentals of democracy by the Federal Government and key institutions of the nation.

2. That the situation is critical is evident given the increasingly strident and combative tone that the Government and institutions have adopted in dealing with, and rejecting, widespread criticism over the manner in which matters of national importance and public interest have been dealt with. Without intending to define or limit the nature of these matters, HAKAM views with concern the manner in which the following matters have, or have not, been addressed:

2.1 Race relations and increasingly contentious and divisive ethno-religious issues. The direct impact on the social and economic environment can no longer be ignored. It is no coincidence that an increasing number of Malaysians are looking for more fulfilling lives elsewhere;

2.2 The administration of justice. It is no longer possible to brush aside the obvious signs of a significant loss of public confidence in institutions involved in this vital aspect of the democratic framework of this nation. Internationally recognised indexes conclusively show that Malaysia is no longer perceived as a country that upholds the Rule of Law. The efficacy of these public institutions is made possible only by the fact that stakeholders continue to have confidence in them;

2.3 Free and fair elections. This needs no explanation; and

2.4 Corruption and illicit capital out-flow. This has hurt and continues to hurt all Malaysians, irrespective of race, religion and background.

3. The dismissiveness of the Government and its reliance on a legal framework that it has harnessed to suppress legitimate dissent on matters that affect all Malaysians, regardless of their backgrounds and political leanings, clearly point to the interest of the nation having been made subservient to political interests.

4. HAKAM is however is alarmed at the manner in which the constitutional framework has been exploited to allow for this outcome.

5. It is for this reason that HAKAM has, from its registration as a society in 1991, consistently championed the Rule of Law and the protection of the administration of justice. It notes with pride that amongst its founding members were not only legal luminaries such as the late YM Raja Aziz Addruse, but also two former Prime Ministers of this country, the late Tunku Abdul Rahman and the late Tun Hussein Onn.

6. Significantly, HAKAM was mooted in December 1988 as a response to the assault on the Rule of Law, centred on the assault on democracy inherent in Operasi Lalang in 1987, the assault on the Judiciary and the amendment to the Federal Constitution suborning the Judiciary to Parliament in 1988, and the enacting of anti-democratic statutory provisions aimed at suppressing legitimate dissent.

7. Recently various acts have undermined public confidence in the integrity of institutions. HAKAM notes with regret the steps taken by the Executive in this regards – including the sudden removal of the former Attorney General, the expulsion of the former Deputy Prime Minister and replacement of one other Minister who had raised concerns in the public interest, the dismantling and subsequent reconstituting of the Public Accounts Committee of Parliament mid-stream and action against members of the Malaysian Anti-Corruption Commission (MACC).

8. It is for this reason that HAKAM has always striven for institutional reform.

9. HAKAM notes that present on-going efforts of a wide spectrum of our citizenry in this laudable endeavour, and lends its support to these efforts; they must be given their due public space as they are grounded on the freedoms guaranteed  by the Federal Constitution, the supreme law of the land.

10. HAKAM supports in particular the call for urgent action by all stakeholders across boundaries as regards the following matters:

10.1 Reforming the constitutional prosecutorial framework to make separate the role of the Public Prosecutor from that of the Attorney General. In that regard, the power to prosecute must be vested in an independent and accountable body charged with the role of instituting prosecutions of a general nature;

10.2 Establishing the Malaysian Anti-Corruption Commission (MACC) as an independent and accountable constitutional body with the power to institute prosecutions in its own right;

10.3 Establishing the Malaysian Judicial Appointments Commission as an independent and accountable body that is not connected to the Judiciary or the Executive. The power of the Prime Minister to recommend appointments to the Yang di-Pertuan Agong must be limited to making recommendations proposed by this Commission;

10.4 Establishing the office of the Inspector General of Police (IGP) an independent and accountable body that is answerable to the Malaysian public and not the Executive. In tandem, the Independent Police Complaints and Misconduct Commission (IPCMC) must be established as recommended by the Royal Commission of Enquiry;

10.5 Reforming the process of general elections so as to firmly establish a foundation for clean and fair elections; and

10.6 Repealing all laws that suppress legitimate dissent and violate the rule of law.

11. In that context:

11.1 HAKAM also supports calls for an independent and accountable public enquiry into the subject of 1MDB. Those consequently implicated – directly or indirectly – in any wrongdoing must be proceeded against.

11.2 HAKAM deprecates the efforts to dismiss the growing revelations relating to 1MDB without such an enquiry. These machinations are damaging the interests of the nation. Political interests have also led to a ramping up of ethno-religious rhetoric to levels that are potentially destructive.

 Issued on behalf of HAKAM Executive Committee

Robyn Choi, Secretary-General, HAKAM

Source: http://hakam.org.my/wp/index.php/2016/04/18/statement-dire-need-for-institutional-reforms-to-uphold-the-rule-of-law-and-for-effective-checks-and-balances/#more-6740

PROHAM DISCUSSION ON THE ROHINGYA COMMUNITY

KITA-UKM has recently (March 2016) published in the Ethnic Studies Papers, booklet 48 entitled HUMAN RIGHTS VIOLATIONS & REMEDIES: THE ROHINGYA CASE, which documents the issues and concerns of the Rohingya people based on the key findings of the three RTDs organised by PROHAM in 2014 and 2015.

The Rohingya concerns are articulated from the basis as a violation of the Universal Declaration of Human Rights (UDHR) as well as violation of UN Human Rights Conventions such as the civil and political rights as well as the Convention on Economic, Social and Cultural Rights. The discussion on the Rohingya community enhances our understanding on how to analyse ethnic and religious concerns of minorities from a human rights framework. This enables a holistic approach in ensuring that all communities, however diverse from the dominant community, continue to have rights and freedoms which need to be respected, recognised and protected.

PROHAM’s discussion on May 19, 2016 at 5.30pm is to review this new publication and provide an update of the contemporary situation of the Rohingya community. This is our ongoing advocacy role to ensure that both Malaysia and ASEAN plays an active role in effectively addressing the issues and concerns of ethnic and religious minorities including the concerns of the Rohingya community.

Date                May 19, 2016 (Thursday)

Time                5.30pm – 7pm

Venue              Brickfields Asia College, PJ Campus

Panel Speakers

Ms Deepa Nambiar, Director of Asylum Access Malaysia

Mr Andrew Khoo, Co Chair, Bar Council Human Rights Committee

Special Guest:            Mr Brian Gorlick, Deputy, UNHCR

Panel Moderator:        Datuk Dr Denison Jayasooria (Proham Secretary General)

Participation by registration - prohamsecretariat@gmail.com

Citizen’s Declaration: Is it a Fantasy or Reality?

By Henry Koh, (PROHAM Volunteer)

On 7 April 2016, Kesatuan Mahasiswa Malaysia organized a Dialog Anak Muda (Youth’s Dialogue) at the UM Alumni Clubhouse to discuss on the tagline of the event; “Citizen’s Declaration: Is it a Fantasy or Reality?”. In March 2016, a movement called the Citizen’s Declaration (named Save Malaysia campaign later on) was led by former Prime Minister Tun Dr. Mahathir Mohamad; comprising Barisan Nasional (BN) veterans, opposition leaders and human rights activists.

The movement focuses on the deteriorating political, economic and social conditions in the country and calls for the resignation of the premiership of Dato Seri Najib Abdullah.

During this event, Tun Dr Mahathir, Former Bersih Chairperson Ambiga Sreenevasan and Bersih 2.0 Chairperson Maria Chin Abdullah were present on the panel of guest speakers.

Among the highlights of the dialogue, the president of Kesatuan Mahasiswa Malaysia, Asheeq Ali questioned on the vagueness of the movement. He opined that there is no existence of a solid structured plan after the removal of the Prime Minister, as stipulated in the movement. This would then cause a huge prejudice in our country.

The suggestions KMM has made in questioning the statements of the declaration includes:

1.    The removal of all those who have acted in concert with the Prime Minister.

Who will be identifying all those who have acted in concert with him? There was no any vote of no confident against the Prime Minister made by any one of the members of the parliament. Thus, everyone in the parliament should be held responsible and accountable for the current condition of Malaysia.

2.    A repeal of all recent laws and agreements that violate the fundamental rights guaranteed by the federal constitution and undermine policy choices.

I am really off the opinion that only old laws are violating human rights. Tun, what happened to the laws enacted during your time? Are we supposed to ignore that? I am dare to say that the people n Malaysia had enough excess to substantial freedom during the British Colonisation era. People were free to express opinions on Malayan Union, Public rallies prior to the first Federal elections held in July 1955 for a new Federal Legislative Council and an independent Commonwealth Constitutional Commission chaired by Lord Reid is appointed in March 1956. Since we got independence, and since UMNO came into power, Malaysians access to human rights has been denied a little by a little.

For example, : The Sedition Act, The Official Secrets Act and the Printing Presses and Publications Act. It controls everyone. It controls the media from revealing the true story. It controls an individual from revealing a secret, although the secret is about laundering millions of money. These are not new laws Tun.

Akta University dan kolej university AUKU is another major concern of us, the students. We are not aallowed to express anything in the compound of the university. It can be said that university is a place to learn, but Tun, politics is also a process of learning.

In the period of 2 years, we have 71 cases all  together under AUKU. Ladies and gentleman, we, the students, fought for Wifi supply, we fought for water supply for almost a month. Aren’t these our rights? And yet we are sentenced under AUKU. This is completely violating human rights.

3.    A restoration of the integrity of the institutions that have been undermined, such as the police, the MACC, Bank Negara and the PAC.

Suruhanjaya Pilihanraya, Attorney General chambers and SPRM have to be restored too. Precisely, the institution need to be reformed fully. Removing the Prime Minister is not going to change anything, because another person will be taking over his position and the same cycle will be going on. We need the institution to be reformed fully so that we can have a better future for Malaysia.

So today, as the representative from Kesatuan Mahasiswa Malaysia, I would like to declare few claims from us. This is our stand, this is our vision and we will strongly hold on it.

1.    Establishment of an independent panel to review and audit the entire account of Government of Malaysia. This is to ensure that not only 1MDB skandal is revealed, but also every other money laundering scandal that is happening behind the wall of Putrajaya. This panel must consist of both local and international experienced auditors.

2.    Establishment of an independent panel to review all the laws in Malaysia and this panel must be consist of local representatives such as SUHAKAM and also international representative.

3.    Establishment of a “coalition government after the removal of our PM. This government will consist of representatives from all party and this government will be in power till the next election is being held.

4.    A clean and transparent polls.

5.    Restore all the human rights of the Malaysians by abolishing all the draconian laws that violates human rights.

Let us work together and live the real meaning of “SAVE MALAYSIA”.