WE deplore the views of the current Suhakam chairman, Datuk Rahmat Mohamad, that “human rights is human rights” when asked about concerns that adopting a Malaysian context may sideline vulnerable groups, particularly the LGBTQ community.
He also emphasised that the commission’s role is to uphold human rights in a local context (“acuan tempatan”), which, in our view, is both appalling and regressive.
It is due to this “acuan tempatan” that we are suffering on so many fronts; it would not be surprising if Suhakam loses its Paris Principles compliance Grade A status, and, subsequently, its international standing.
Trying to reframe human rights into an “acuan tempatan” should never be Suhakam’s task, as most politicians would love this narrow and dangerous definition of rights of people in Malaysia.
Suhakam’s task is to upgrade the protection and promotion of human rights in Malaysia in tandem with the interpretation of the federal constitution’s Part II on fundamental liberties and the universal standards of human rights accepted internationally.
On July 3 last year, CSO Platform for Reform issued a statement citing fears that Suhakam’s reputation would be undermined by a team of weak commissioners, as a majority of the newly appointed human rights commissioners did not inspire confidence that they would be able to uphold human rights in the country.
A year on, our fears have unfortunately come true.
Recently, the chair has been urged by NGOs locally and internationally to go on garden leave pending an inquiry against him concerning allegations of power abuse and racism.
The commission is designed as a collegial decision-making process. The chair does not have veto power and should never be allowed to do so.
The failure of the other commissioners to speak up on the skewed position of the chair only can mean that this commission, as a whole, has failed in its duty to defend human rights as a universal concept for all peoples in Malaysia.
It is incumbent on each commissioner appointed by the Agong to state their position on the predicament created by the chair and enabled by a silent set of commissioners.
CSO Platform for Reform, a coalition of more than 60 NGOs, reiterates our call for reform as follows:
1. For a transparent and independent process of appointing commissioners. We urge the Madani government to devise an independent process of appointing Suhakam commissioners, whose appointments are currently made through the Prime Minister’s Department;
2. For Datuk Seri Azalina Othman Said, the Minister in the Prime Minister’s Department (Law and Institutional Reform) and the Legal Affairs Division of the Prime Minister’s Department to look into the reforms that have been proposed, as well as to look into Suhakam staff’s request to investigate their chairman;
3. For the other commissioners to state their position on this issue and if they do uphold human rights principles as outlined in the United Nations’ Universal Declaration on Human Rights (UDHR);
4. For honesty and reflection, that if the incumbent commissioners feel that they are unable to adhere to and uphold the human rights principles as outlined in the UDHR and in Suhakam’s mandate, and insist on the “acuan tempatan” approach, then they should consider resigning their positions; and
5. For more inclusive and effective consultations on institutional reform with the civil society.
We would like to remind the current Suhakam commissioners that they have a duty to uphold human rights, in line with the UDHR and Part II of the federal constitution on fundamental liberties as an independent oversight empowered national institution.
This is important if we are to check on the government to ensure it continues to play its primary duty and obligation in realising human rights for all. – The Vibes, July 13, 2023
This statement was issued by the steering committee of the CSO Platform for Reform, a group of like-minded NGOs organised into thematic clusters based on their specialisation, with the aim of building better working relationships with the respective ministries to support the government’s efforts toward institutional reform
