Unilateral proclamations and declarations by politicians have inevitably affected individual human rights, said National Human Rights Society's (Hakam) immediate past president Ramdas Tikamdas.

In his paper presented at the 'National consultation on the Human Rights Commission of Malaysia after four years' on Saturday in Kuala Lumpur, he cited former premier Dr Mahathir Mohamad's declaration that Malaysia is an Islamic state as an example.

He said the declaration affected the bureaucratic and individual postures as illustrated in a recent directive by a primary school headmaster prohibiting non-Muslim students from bringing non-halal food to school.

Ramdas, who is also a senior lawyer, highlighted another complaint from the Malaysian Christian Schools Council.

The council accused some school heads of not respecting the character of missionary schools by removing crosses in the buildings as well as changing the schools' logo and mottos.

"These are trends which if not checked urgently will inevitably undermine our plural democracy and impede national integration," he told the 170-odd participants.

"No amount of political rhetoric and platitudes about mutual understanding and tolerance will guarantee fundamental liberties if there is no political will to enforce such rights and violators are not sanctioned accordingly and the rights violated restored and victims compensated," he added.

Government's response

Ramdas' paper was to examine the government's response to the human rights commission's reports and recommendations.

The commission, commonly known by its Malay acronym Suhakam, wrote to the government in 2002 to seek clarification over the Islamic state issue.

The government, in a reply published in the 2003 Suhakam annual report, said Malaysia is an Islamic state based on several criteria such as Malaysia being founded by Muslims, the head of state and government are Muslims, majority Malaysians are Muslims and the social and cultural values are influenced by Islam.

The government also stated that Malaysia is an Islamic state based on the provision in the Federal Constitution that Islam is the official religion, worldwide recognition that Malaysia is an Islamic state and most of the provisions in the constitution are not against Islam.

Ramdas argued that the government's response and affirmation on the Islamic state issue was a "distortion of history" and contrary to the many decisions made by the supreme court.

"Suhakam in the discharge of its statutory duties under the Act cannot let the matter rest there. It must publicly announce whether it agrees with the government's response or otherwise," he urged.

Meanwhile, he also said the government's lukewarm commitment to human rights was indicated in the cursory dismissal of Suhakam's proposal for a national human rights plan of action which was submitted in February 2002.

The government in a brief response rejected the proposal on the ground that the plan was redundant in the view that human rights has been assured under the constitution and existing legislation.

Ramdas noted that the dismissive attitude of the government indicated that it paid scant respect for its own human rights commission and ignored the value of a concerted plan of action in promoting human rights in the country.

"Generally the response can be characterised as dismissive of Suhakam's proposals and recommendations and in some instances, such as the response to the Kesas Highway report, the government sternly rejected the report and even accused Suhakam of bias," he said.

True identity

The lawyer also urged Suhakam to find its true identity and purpose in the context of the Paris Principles and the Universal Declaration of Human Rights.

"It should consciously try to serve or please no master, be it the government or non-governmental organisations. Its mandate and only source of legitimacy and self respect is human rights and justice beyond the shackles of unjust laws or just laws applied unjustly," he stressed.

The consultation on Suhakam is an annual event organised by Era Consumer.

Initially there was a slot for a government representative to present the official view but it is understood that Ministers in the Prime Minister's Department Radzi Sheikh Ahmad, Nazri Abdul Aziz and Deputy Minister M Kayveas, who were invited, did not want to participate.

According to Suhakam commissioner Prof Chiam Heng Keng, government representatives were reluctant to participate due to lack of knowledge on human rights issues.

"The fear is always there that they are not able to answer the questions because they really don't understand what is human rights," she told reporters when met at the event.