Suhakam: Gov't blind to human rights

Malaysia may pride itself as being among the only four nations in Asean - the others being Indonesia, the Philippines and Thailand - that have a national human rights body but that's as far as it goes.

The other three countries, unlike Malaysia, have a National Human Rights Action Plan (NHRAP). Suhakam (Malaysian Human Rights Commission) proposed a NHRAP for Malaysia as well in 2002.

The following year, a conceptual plan was drawn up by Suhakam for the Federal Government's consideration, highlighted in its 2003 Annual Report. There wasn't even an acknowledgment.

"Essentially, the Malaysian Government isn't interested in human rights at all," alleged Suhakam Vice-Chairman Simon Sipaun (right) in an exclusive interview with Malaysiakini in conjunction with the Malaysian Human Rights Day celebrations yesterday.

"There are many reasons for this and this includes ignorance of the implications of the worldwide drive towards greater democratisation, fear of change and a culture of sycophancy surrounding the ruling class.

"But the main reason is that the ruling party, Umno in particular, isn't interested in anything that in their reckoning even remotely resembles a threat to their continued hold on power."

Suhakam commissioners' discontent

The lack of a NHRAP is a particularly sore point with the 16 Suhakam Commissioners but they are on their way out anyway.

All of them will step down in April next year when their current terms expire. Under recent amendments to the Suhakam Act, part of efforts to be Paris Compliant, commissioners can now only serve for two three-year terms and must reflect a pluralist composition i.e. drawn from all walks of life.

"The adoption of a NHRAP would have helped Malaysia introduce a culture of respect for human rights, beginning with the Judiciary and uniformed enforcement agencies like the Police, Immigration and MACC, among others," explained Sipaun, a former Sabah State Secretary and presently also on the Advisory Panel of MACC (Malaysian Human Rights Commission).

"The culture of impunity, abuse of power and exercises in absolute power would have been slowly eroded under the NHRAP. But alas it was not to be."

The Government's argument, privately, against a NHRAP is that the Federal Constitution guarantees human rights, and this is where Sipaun and his fellow commissioners beg to differ.

They point out that the Internal Security Act (ISA) contradicts the NHRAP. "Rather than take a leaf from the definition of national security by the great powers and democracies, the Government continues to promote a warped interpretation of national security," said Sipaun. "Some cosmetic amendments to the ISA are in the works. This is partly due to our recommendation every year for the abolishment of the ISA."

Elite circumventing supreme law

The Federal Constitution, colour blind as it may be, guaranteeing basic freedoms are observed more often in the breach. The ruling elite can and do circumvent the supreme law of the law through special legislation.

"It is basically taking back with the left hand what the right hand gives," said Sipaun. "For example, the Federal Constitution guarantees freedom of assembly.

The Police Act however states that one must have a permit for holding an assembly of five persons or more."

Freedom of religion, freedom of association, freedom of speech, and freedom of the press, among others, are other freedoms where the Federal Constitution is being circumvented by special legislation.

Citizenship, although mentioned in the Federal Constitution clearly, is being denied eligible thousands who are forced to live in a legal twilight zone.

When flogging the Federal Constitution fails, Sipaun notes that the government likes to propagate the fiction that Malaysia has its own definition of human rights, derived from eastern values, i.e. that the rights of the community must take precedence over that of the individual.

NRD issuing bogus Mykad charge

"This is the argument that comes up every time that an individual is held under the ISA," said Sipaun. "In the case of the five Hindraf activists held under the ISA, four were legal advisors and not members of the organisation. That didn't stop the IGP from abusing the ISA."

Nowhere is the obsession with power more evident than in Sabah where Suhakam has been plagued with complaints even from holders of "bogus" MyKads, issued by the National Registration Department (NRD), that their children are denied identity cards and that they themselves cannot visit other parts of the country with their present document.

"This is a strange situation where even Filipino illegal immigrants dare approach us and complain that their MyKads are only good for voting and not for anything else," said Sipaun.

"As best as we can figure out, a special unit within the NRD in PutraJaya has been issuing these ‘bogus' MyKads to illegal immigrants who are then entered by political parties on the electoral rolls," he added.

When their children approach the Sabah NRD for their MyKads, they are denied the documents because their parents are not listed in the system, he said.

Sipaun does not rule out the possibility of these phantom voters turning against the ruling part in protest against their twilight status by voting in the Opposition Alliance.

The existence of the special unit for "bogus" MyKads for voting purposes, discovered by Suhakam Sabah, was best highlighted in the case of Kong Hong Ming's Election Petition No. K1 of 1999 against the Election Commission, the Sabah State Election Officer, the Returning Officer in N2 Kudat and Chong Kah Kiat. Suhakam Sabah has a copy of the Petitioner's Bundle of Documents.

Suhakam's annual reports ignored

Nothing transpired after the case was heard before Justice Kamil Mohamad. The judge was immediately transferred to Kelantan.

Justice Clement Skinner who was assigned to the case decided that he wanted the case to be heard all over again.

Kong did not want to put his witnesses, many key government officials, at risk once more and refused to proceed with a fresh hearing.

The case was struck off and the ruling party and the Election Commissionust heaved a sigh of relief.

Away from the NHRAP and "bogus" MyKad holders listed on the electoral rolls, Sipaun points to the nine annual reports produced by Suhakam as an example of Government disinterest in human rights.

"We have made countless recommendations and compiled thousands of complaints on various human rights issues," said Sipaun.
"Among the more serious issues being illegal immigration, statelessness, citizenship woes, freedom of worship, police brutality, and native land rights issues among the Dayak, Dusun, Murut, Bajau, Suluk, Orang Asli and Sarawak Malay communities, he said.

The other issues involved the demolition of places of worship especially Hindu temples and shrines, according to Sipaun

The nine reports were completely ignored by the government "and they are gathering dust somewhere in PutraJaya," he said.

Last but not least, furthering illustrating Government disinterest in human rights, is the stand on eight core international human rights treaties.

Of the eight, the government ratified only two have been ratified about ten years ago and that, too, with certain reservations i.e. the Convention on Children and Children's Rights; and the Convention on Discrimination Against Women.

On the plus side, Sipaun sees that some good has come from the existence of Suhakam.

"More people are now aware of human rights compared with ten years ago and that is a positive sign," said Sipaun who wants to leave Suhakam next April with some more pleasant memories. "Also, we have held countless Public Hearings and played a monitoring role in making general and specific recommendations on human rights to the Government."

Suhakam is bracing itself for a downgrading in its status from A to B for not being Paris-compliant. Status B still gives Suhakam the right to be at international human rights forums convened by the United Nations but no longer heard.

Malaysia's voice will fall silent for the first time since 10 years ago.