The
Malaysian Bar strongly supports the call by the Malaysian Human Rights
Commission (“SUHAKAM”), and its Chairman, Tan Sri Hasmy Agam, for
Malaysia to look seriously into accelerating the pace of ratification of
the six remaining core United Nations instruments relating to human
rights, as follows:(2) International Covenant on Economic, Social and Cultural Rights;
(3) Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
(4) International Convention on the Elimination of All Forms of Racial Discrimination;
(5) International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; and
(6) International Convention for the Protection of All Persons from Enforced Disappearance.
Indeed,
Malaysia should also be looking into ratifying the Convention Relating
to the Status of Refugees and the Protocol Relating to the Status of
Refugees, since these involve critical issues right on our very
doorstep.
The
recent Universal Periodic Review (“UPR”) of Malaysia by the United
Nations Human Rights Council in October 2013 has brought into sharp
focus the glaring disparity between Malaysia’s international ambitions
on the one hand, and the domestic realities on the other.
Malaysia’s
term as a member of the United Nations Human Rights Council ends on 31
December 2013. As an outgoing member, Malaysia has failed in the last
four-and-a-half years to show much progress in extending our commitment
to the international system of human rights norms and standards.
Although
Malaysia has ratified one more international instrument since the last
UPR in February 2009, namely the Convention on the Rights of Persons
with Disabilities, Malaysia has failed to make much headway in the
commitments we made in June 2009 to study the ratification of four
further international instruments, namely the International Covenant on
Civil and Political Rights, International Covenant on Economic, Social
and Cultural Rights, Convention Against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, and International Convention on
the Elimination of All Forms of Racial Discrimination. In the National
Report submitted by the Malaysian Government for the October 2013
review, there was reference to an expected conclusion and recommendation
in respect of the International Covenant on Economic, Social and
Cultural Rights, and a commitment to studying the International
Convention on the Elimination of All Forms of Racial Discrimination.
Nothing, however, was said about the International Covenant on Civil
and Political Rights or the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment.
If
there are genuine concerns about these international instruments, they
should be intelligently and coherently articulated. Proper discussion
of the ratification of these international human rights instruments is
not advanced by the vilification of individuals and groups in support of
them. The unwarranted disparaging remarks and verbal attacks on Tan Sri
Hasmy Agam, SUHAKAM, and the Coalition of Malaysian Non-Governmental
Organisations in the UPR Process (“COMANGO”) and members of that
coalition, serve no positive purpose.
It
is also irresponsible to allege that countries, especially fellow
member states of the Organisation of Islamic Cooperation (“OIC”), were
either forced to accede to the international instruments or did not know
better, but provide no evidence to support these fantastical
observations. After all, 54 out of the 56 OIC member states that are
also United Nations member states have ratified or acceded to more
international human rights instruments than Malaysia. Such comments are
thus not just patronising and condescending, but additionally have the
potential to damage Malaysia’s relations with these countries. This
also serves to highlight that the practice of Islam is not a hindrance
for the OIC member states, and should not be used as an excuse by
Malaysia to delay our ratification of the international instruments. It
should be noted that although Article 3(1) of the Federal Constitution
provides that Islam is the religion of the Federation, it is
nevertheless not the supreme law of the Federation. Article 4 provides
that the Constitution itself is the supreme law of the Federation.
Malaysia
now has ambitions to vie for a seat on the United Nations Security
Council for the 2015-2016 term. Malaysia would need to rely on the
support of other countries, including these OIC countries, if we are to
emerge successful in our ambition.
Our
international record would come into focus. Malaysia has to convince
members of the United Nations General Assembly in October 2014, when the
voting is carried out, that we are a mature and responsible member of
the international community, capable of being entrusted with
decision-making at the United Nations’ most important body.
Recent
actions and decisions by our Government, and recent statements by some
of its Ministers, raise serious doubts as to whether Malaysia is ready.
The world today is very different from that of 1989-1990 and 1999-2000,
the previous times Malaysia sat in the Security Council. The 232
paragraphs of recommendations to Malaysia at the UPR in October 2013
point to the extremely high level of expectations that the international
community places on Malaysia. We can no longer hide behind excuses
that we are a developing country, and need more time. Our goal of
achieving “developed nation” status by 2020 is not viewed as merely an
economic target, but a political and diplomatic one as well. For us to
adequately respond to these expectations, our domestic realities must
accord with our international ambitions.
Christopher Leong
President
Malaysian Bar
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