The government has been urged to ratify the International Convention on the Elimination of All Forms of Racial Discrimination in a memorandum submitted to the Human Rights Commission (Suhakam) in Kuala Lumpur today.

The call for ratification of the international convention was part of a 11-page memorandum prepared by civil society groups which met three months ago in Ipoh, Perak to evaluate the performance of the independent human rights watchdog.

"As at April 1, 1999, a total of 153 out of 195 member countries, of the United Nation have ratified this convention and there is no reason for Malaysia to remain in the small gallery of non-ratifier," said the memorandum.

"It must be noted that Suhakam in its 2000 Annual Report identified this convention as 'crucial to the protection of human rights' but unfortunately, it did not make a clear recommendation for ratification."

It said the ratification of the convention is crucial "given Malaysia's multi-ethnic, multi-cultural and multi-religious heritage".

The memorandum was presented by Param Cumaraswamy, the chairperson of the Sept 7 National Consultation on Suhakam organised by Era Consumer Malaysia. (ERA).

Take heed of global trend

Param, who is also the United Nations' special rapporteur on the independence of judges and lawyers, was accompanied by ERA president Marimuthu Nadason, National Human Rights Society president Ramdas Tikamdas, Perak Consumers Association president Abdul Rahman Said Ali, Malaysiakini editor-in-chief Steven Gan and Democratic Action Movement for Students representative Chang Lih Kang.

Suhakam chairperson Abu Talib Othman received the memorandum on behalf of the commission. Also present at the event held in conjunction of Dec 10 International Human Rights Day were commissioners Harun Hashim, KC Vohrah, Ranita Mohd Hussein and Zainah Anwar.

Representing 250 grassroots leaders from civil society, workers' organisations and political parties, the memorandum was the result of a half-day consultation on the work of Suhakam as contained in its Annual Report 2001. Although submitted to Parliament, the commission's report was not tabled or debated.

"The government should take heed of the trend at the international level to ratify international treaties and conventions, especially those pertaining to human rights and racial discrimination, with many of them putting these into practice through their national laws," said the memorandum.

"Malaysia, which was recently described by the prime minister as the most developed of the developing countries, should be comparing its performance with the developed world, not with some repressive regimes in the developing world and the situation in under-developed countries."

In the memorandum, the representatives have also submitted a list of priorities for Suhakam which includes declaring next year as the "Year of Ratification".

Among the conventions yet to be ratified by Malaysia are the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

The group felt that it is "undoubtedly Suhakam's moral and statutory duty to take the lead in these matters".

Blanket ban

The memorandum, however, commended Suhakam for protesting the blanket ban on political rallies in the country and for providing recommendations to the government on the people's right to peaceful assembly.

"The commission has put this contentious issue in the right perspective by stating that 'peaceful assemblies do not necessarily disrupt peace and stability and need not cause any public disorder if all persons involved the public and the authorities alike conduct themselves with propriety'," the memorandum said.

The commission was also praised for its work on its inquiry into the police crackdown on demonstrators in the Kesas Highway near Shah Alam as well as on the conditions of Internal Security Act detainees in Kamunting, Perak.

But the memorandum expressed regret that "Suhakam's public posture on human rights, as seen in its recent press statements, appears to be significantly weaker than what has been set out in the annual reports".

It called for the commission to practice maximum openness and keep the citizens informed about its work by holding more dialogues with civil society groups and publishing a regular information bulletin.

"The commission should not just be accountable to Parliament, but also to the people," it said.

The memorandum also took Suhakam to task for failing to make a specific recommendation in on freedom of expression

"Civil society would appreciate a more pro-active position from Suhakam on issues concerning freedom of assembly and freedom of expression, such as in the instances of the arrest of DAP chairman Lim Kit Siang and other leaders for distributing leaflets relating to the issue of the 'Merdeka Constitution' and the 'Islamic state' (photo), and in the numerous threats by the executive to invoke the ISA and sedition laws against groups expressing their disagreement with the Education Ministry's new policy to use English as a medium of instruction for all primary schools for the teaching of mathematics and science."

On the other hand, the memorandum said the government should implement the recommendations of Suhakam.

"If, for any reason, it is unable to implement, in accordance with the principles of governmental accountability and transparency it must give its reasons publicly, and within a reasonable time, as to why the recommendations cannot be implemented."