MACSA : Concerns and Commendations for SUHAKAM Over Its 2018 Annual Report

MACSA's Official Statement Statements

The Malaysian Alliance of Civil Society Organisations in the UPR Process (MACSA) congratulates the Human Rights Commission of Malaysia (SUHAKAM) on the occasion of the first parliamentary discussion of its annual human rights report recently. Indeed, this momentous occasion, which we are aware that SUHAKAM has been pushing for since its inception in 1999, deserves due recognition by the local and international community in our common pursuit of upholding human rights for all.

We have perused the contents of the report prepared by our national human rights body and find that while there are many areas in which the report deserves to be commended, it sadly is bereft of objectivity, contains several misleading narratives and lacks inclusivity. Some of the more concerning issues we have with the 2018 report follows below.

Firstly, in terms of the international human rights instruments that SUHAKAM refers to in justifying its push for a rights based culture in Malaysia, we find that disproportionate weightage has been given to the Universal Declaration of Human Rights (UDHR) and other conventions derived therefrom such as the International Covenant on Civil and Political Rights (ICCPR).

While we are no doubt aware that section 4(4) of the Human Rights Commission of Malaysia Act 1999 requires SUHAKAM to have regard for the UDHR as well as Part II of our Federal Constitution on fundamental liberties, we remind SUHAKAM that Malaysia’ membership of not just the UN, but also the OIC and ASEAN, which makes the Cairo Declaration of Human Rights in Islam (CDHRI) and ASEAN Human Rights Declaration (AHRD) equally applicable in our national human rights discourse. We opine that ideally therefore, section 4(4) of the Human Rights Commission of Malaysia Act 1999 should be amended to reflect this.

Second, we are concerned with the way SUHAKAM continues to push for the abolition of the death penalty without taking into account public opinion thereon and the magnitude of certain crimes, such as murder, that many within society agree warrants the penalty. We at MACSA have always stressed that reform of the death penalty, if any, must be in line with syariah and focus on the standard of proof and the possible introduction of diyat so as to conform with Islamic principles. Also, SUHAKAM’s continued push for the Sedition Act 1948’s repeal despite having been pointed out the place of the Act in our constitutional scheme is also disappointing to say the least.

Next would be the failure to address the criminal defamation perpetrated by the likes of Numan Afifi before the UNHRC last year when he claimed that JAKIM’s Muhkhayam programme which catered to the religious rights of the LGBT community amounted to state sponsored violence against them. We also strongly condemn the narrative that SUHAKAM has taken on LGBT persons stating that adherence to the so-called traditional two gender theory has resulted in discrimination on the basis of sexual orientation and gender identity. We reiterate that there are no universally accepted human rights instruments anywhere that enshrine any right to sexual orientation and gender identity.

There is also the failure of SUHAKAM to address the issue of Muslim women being discriminated against in the workplace for being barred their religious right to wear the hijab and Muslim men being prohibited by their employers from performing Friday prayers. We note that the right to wear hijab is mentioned only once in the entirety of SUHAKAM’s 2018 report. Also ironic is SUHAKAM’s laudatory descriptions of mosques that have agreed to carry its human rights message in their Friday sermons when the national human rights body itself has failed to address those Muslim men barred by their employers from performing their Friday prayers. These various failures by SUHAKAM contradicts its obligation to protect religious freedom which is protected by Article 11(1) of the Federal Constitution, as well as Article 18 of the UDHR, Article 10 of the CDHRI and Article 22 of the AHRD.

Yet another concern that we at MACSA believe needs to be addressed is that while we have always been supportive of any move towards acceding to the Convention against Torture (CAT), we note that SUHAKAM’s report has equivocated caning in schools to a violation of Article 16 of CAT, which is utterly false as it is misleading. Child rights are dealt with under the Convention for the Rights of the Child (CRC), which Malaysia is already a party to, and the definition of torture under Article 1 of CAT is clear in that it is limited only to circumstances of the state attempting to procure information by unlawful means and no more.

These and numerous other issues and failures by SUHAKAM to address the real human rights issues that have arisen in Malaysia must be viewed with concern, and MACSA calls upon SUHAKAM to rectify these shortcomings immediately and caution them on the consequences for the lack of objectivity, false narratives and non-inclusivity that is prevalent throughout its 2018 annual report.

However on a positive note, there are many good things that can be said about SUHAKAM’s 2018 report as well. We at MACSA laud SUHAKAM’s support for the right to education for children regardless of nationality and urge that it do more in this area, in particular with respect to the education of refugees such as the Rohingya.

On SUHAKAM’s concerns that there is a large and increasing number of child marriages in Malaysia, we reiterate our stand that this should be looked at from the perspective of Islamic law and the right of states to govern their own Islamic affairs as provided for by our Federal Constitution. Child marriage is already stringently governed by the various Islamic Administration Enactments that empower syariah court judges to supervise the same. We also support SUHAKAM’s suggestion that a National Children’s Commission be established and stand ready to assist SUHAKAM in this regard.

We would also like to commend SUHAKAM’s efforts in the area of refugees and asylum seekers and its providing sensitivity training to enforcement agencies, in particular the Immigration Department of Malaysia, with respect to refugees. On this point, we have also had occasion to visit the embassy of the Republic of the Gambia recently in Kuala Lumpur to express our support for the brave decision of their government to bring Myanmar to brook for its state sponsored crimes against its minorities such as the Rohingya before the International Court of Justice and reiterate our call for Malaysia to accede to the 1951 Convention on Refugees and enact a Refugee Act catering for the welfare of refugees soonest.

We also applaud SUHAKAM for its renewed focus on the rights of the disabled as well as the stateless community, especially its research on the issue in Sabah, which mirrors our own outreach efforts, in particular with respect to the Tagupi Membaca programme by some of our NGOs, such as WAFIQ, Concern and Haluan Sabah. This programme focuses on teaching stateless children how to read. Also deserving praise is SUHAKAM’s accurate observations on the state of elections in Malaysia, which have been deteriorating greatly as of late in particular when recent by-elections are taken into account. We also support SUKAHAM’s recommendation that religious and tahfiz schools should improve on their safety, content delivery, capacity for further improvement of the teaching methods and the quality of education delivered.

The above achievements of SUHAKAM are worth noting. At the same time we in MACSA stand ready to assist our national human rights body in targeting the areas in society that need further improvement so that it can realise its mission of attaining human rights for all.

JOINT STATEMENT BY:

Lukman Sheriff Alias, Chairperson, MACSA or the Malaysian Alliance of Civil Society Organisations in the Universal Periodic Review (UPR) Process.

Associate Professor Dr. Rafidah Hanim Mokhtar, President of The International Women’s Alliance for Family Institution and Quality Education WAFIQ) and Co-Chairperson, MACSA.

The Malaysian Alliance of Civil Society Organisations in the Universal Periodic Review (UPR) Process (MACSA) is a coalition of civil society organisations with the specific aim and object to look into, as well as advocate, human rights issues in Malaysia for the UPR Process.

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