KUALA LUMPUR, Wed: The Bar Council has submitted a 5–page report on Malaysia’s
human rights track record to the United Nations Human Rights Council in respect
of the Council’s Universal Periodic Review on Monday, September 8. (For a
complete version of the Bar Council’s submission, please click here to download
a copy.)
Assisted by a team of lawyers from the Human Rights Committee led by Andrew
Khoo and consisting of Usha Kulasegaran, Simranjit Gill, Renuka Balasubramaniam,
Roger Chan, Sonya Liew, Shamuga Kanesalingam and Zarizana Binti Abdul Aziz, the
Bar Council made the following main points, in summary:
• Universal Declaration of Human Rights
While the state of human rights in Malaysia today is different than under the
previous administration, the Government still fails to accord the Declaration
its proper legal status.
• Women’s rights
Despite acceding to the Convention on the Elimination of All Forms of
Discrimination against Women, the Government has not ratified the Optional
Protocol. Principles of substantive equality and non–discrimination have not
been incorporated into domestic legislation. The lack of women participation in
the decision–making process perpetuates the failure of women to effect changes
on gender–discriminatory law. Women still face discrimination in several areas
such as in matters of citizenship.
• Children’s rights
Despite acceding to the Convention of the Rights of the Child, important
provisions such as mandating that children have the right to make their views
known in proceedings affecting their interests have not been incorporated in the
Child Act. The spirit of Convention is inapplicable in instances where the
liberty of a child is deprived to be held at the pleasure of the Ruler, or when
children born without birth certificates are denied access to education
• Persons with disabilities
The Government has not signed the Optional Protocol to the Convention on the
Rights of Persons with Disabilities. The Persons with Disabilities Act does not
provide remedy for its breaches nor ensure that persons with disabilities are
not discriminated for example in education and employment opportunities.
• Indigenous peoples
Despite the United Nation’s Declaration on the Rights of the Indigenous Peoples
which guarantees the right of ownership and possession over ancestral or
customary lands, the rights of the indigenous continue to be violated. State
Governments have continually allowed the clearing of ancestral land to third
parties. Compensation offered is inadequate. The Government has not taken
sufficient steps to identify lands which the indigenous traditionally occupy,
and to guarantee effective protection of their rights of ownership and
possession.
• Migrant workers and refugees
The current system of recruiting and managing migrant labour perpetrates the
lack of responsibility and accountability by the Government and individual
employers. Various breaches under international law are identified, and the lack
of sufficient domestic protection is of concern. Refugees continue to be denied
international law protection in relation to their status.
• Free and fair elections
Doubts exist whether the electoral process in Malaysia is free and fair based on
concerns regarding the variations in the delineation and number of registered
voters, voting by postal ballots and use of Government assets and machinery for
election campaigning.
• Promotion of a free media
The control of all free–to–air news stations – television or radio – is in the
hands of the Government or Government–linked companies. Non–government political
views, activities and advertisement rarely, if at all, gets coverage. Malaysia
Today.com, a popular news website, was recently ordered to be blocked by the
authorities.
• Freedom of expression
Freedom of expression remains curtailed on various fronts. The Government
continues to enforce the Police Act requiring a permit to be obtained for public
assemblies. A group of activists was arrested and prosecuted for a walk held on
Human Rights Day on 9 December 2007.
• SUHAKAM
The Government continues to ignore SUHAKAM’s annual reports by failing to debate
the same in Parliament.
• Terrorism and law and order enforcement agencies
As at 4 September 2008, 66 persons continue to be detained without trial by the
Government under the notorious Internal Security Act. The integrity of law and
order enforcement agencies remains doubtful. Recommendations by the Royal
Commission to Enhance the Operation and Management of the Royal Malaysian Police
have not been fully implemented, particularly the establishment of the
Independent Police Complaints and Misconduct Commission. Another Royal
Commission of Inquiry recommended the establishment of a Judicial Appointment
Commission but to–date no further strides in this direction has been made.
• Right to privacy and data protection
There is no data protection and freedom of information law. In August 2008, the
Government introduced the DNA Identification Bill in Parliament without
consulting key stakeholders.
• Freedom of religion and religious dialogue
Non–Muslims face difficulties in the construction of places of worship. The
right of religious organisations to publish and comment on matters in the public
sphere is being threatened by the Government. Inter–religious dialogue remains
problematic.
It is hoped that the interactive dialogue during the Review process on Malaysia
will see an end to the problems faced by victims of rights abuses and improve
our compliance with international human rights standards.