HINDRAF PRESS STATEMENT ON THE INAUGURAL UNIVERSAL PERIODIC REVIEW (UPR) 11TH FEB 2009
RE: "Wayang Kulit" of Ministry of Foreign Affairs & AG at the UPR in Geneva
I attended as an observer at the recent concluded Universal Periodic Review on Malaysia in Geneva on the 11th February 2009.
The ultimate aim of this UPR mechanism is to improve the human rights situation in all UN member countries, address human rights violations wherever they occur and indicate the actions that have been taken to improve human rights situation but the Malaysian session turnout to be a gloated congratulatory event by the NAM and OIC countries on the righteousness and success in protecting human rights by the UMNO led Malaysian government.
The report submitted by the Malaysian delegate was a mockery so were the “crony” countries to a large extend who failed to question objectively on the human right violations and uphold the aim of the UPR mechanism save for a few countries.
Every member states if they had read the summary prepared by the Office of the High Commissioner for Human Right for the UPR review recognizes that Malaysia have not ratified most of the major international human rights instruments, that there has been major Human Right violations and Suhakam is practically toothless and hardly an independent body to oversee the human right violations in Malaysia.
If only the member states had actually read the summary, then many objective questions on the human right violations could be raised and only if the Malaysian delegate acknowledges the human rights violations that are widespread and propose actions that are being taken to minimize these violations to actually serve the very purpose of the UPR.
In any event, in recap of the AG's, who had answered to some of the questions raised by the concerned states such as Article 11 which provides for freedom of religion and the demolition of the temple that was necessitated by the law of the country is rather dumfounding, absurd and clear indication of discrimination, marginalization of the ethnic minority in Malaysia and a derailed justice system.
The demolition of such temples such as the over 100-year old Sri Maha Mariaman Hindu temple (Shah Alam), the Sri Maha Periyachi Amman Hindu temple (Malacca) and the Sri Kaliaman Hindu temple (Shah Alam) demolished in 2007 could not have been necessitated by law as such national land code, building plan laws and relevant land ordinance were not in existence during that time.
In Malaysia, the National Heritage Act 2005 is an Act to provide for the conservation and preservation of National Heritage, natural heritage, tangible and intangible cultural heritage ie aesthetic, archaeological, architectural, cultural, historical, and scientific. Doesn't a temple over 100 years qualify under this act, or is it only selective for a particular ethnicity in a multicultural society?
In another round of answer, the “learned” Attorney General failed to address the independence of the judiciary and arbitrary detention on the issue of the prisoners of conscience ie the HINDRAF 5 but rather how RPK was released after being detained under the ISA to show the independence of the judiciary but then why is the government now appealing which is again a total abuse against the concept of the rule of law and basic commitment to human rights and the independence of the judiciary by the UMNO led government.
On the torture of Prabakaran and murder of A. Kugan, he claims that Malaysia does not condone to any torture. What happened to over the 1,000 Indians who were murdered in custody or shot dead over the years? Has there been any conviction against the police personnel for those who had been murdered so far? If only not for the brave HINDRAF heroes who barged into the mortuary, alternative media and public pressure, the cases of Prabkaran and A. Kugan would had been swept under the carpet just like the rest of them. What action had the government taken other than to investigate so far on Kugan's murder that took place in custody although over three weeks had past and no arrest has been forthcoming simply because the culprits are members of the Royal Police Force
On freedom of assembly, expression and religion, he claims everything is done in accordance to the Constitution. How do one justify the arrest and charge against peaceful protesters such as HINDRAF, BERSIH, JERIT and the abolish ISA vigils that had taken place as oppose to inciting and provoking racial protest that are orchestrated and conducted by the UMNO let fascist government?.
Such blatant lies and condescending replies by the Attorney General at the august International Forum only reflects the dire state the nation faces through imposition of fear and intimidation against the will of the public in seeking and living within the sphere of the constitution.
The present glorified Malaysian government definitely does not deserve to be in the Human Right Council with its atrocious track record on human right violations. All the NGOs and importantly the Malaysian People Power need to increase their tempo and act in questioning and addressing issues that concerns the society irrespective of the race, religion, color or following for us to move forward in Malaysia.
Thank you.
P. WaythaMooorthy
Hindraf – Chairman
RE: "Wayang Kulit" of Ministry of Foreign Affairs & AG at the UPR in Geneva
I attended as an observer at the recent concluded Universal Periodic Review on Malaysia in Geneva on the 11th February 2009.
The ultimate aim of this UPR mechanism is to improve the human rights situation in all UN member countries, address human rights violations wherever they occur and indicate the actions that have been taken to improve human rights situation but the Malaysian session turnout to be a gloated congratulatory event by the NAM and OIC countries on the righteousness and success in protecting human rights by the UMNO led Malaysian government.
The report submitted by the Malaysian delegate was a mockery so were the “crony” countries to a large extend who failed to question objectively on the human right violations and uphold the aim of the UPR mechanism save for a few countries.
Every member states if they had read the summary prepared by the Office of the High Commissioner for Human Right for the UPR review recognizes that Malaysia have not ratified most of the major international human rights instruments, that there has been major Human Right violations and Suhakam is practically toothless and hardly an independent body to oversee the human right violations in Malaysia.
If only the member states had actually read the summary, then many objective questions on the human right violations could be raised and only if the Malaysian delegate acknowledges the human rights violations that are widespread and propose actions that are being taken to minimize these violations to actually serve the very purpose of the UPR.
In any event, in recap of the AG's, who had answered to some of the questions raised by the concerned states such as Article 11 which provides for freedom of religion and the demolition of the temple that was necessitated by the law of the country is rather dumfounding, absurd and clear indication of discrimination, marginalization of the ethnic minority in Malaysia and a derailed justice system.
The demolition of such temples such as the over 100-year old Sri Maha Mariaman Hindu temple (Shah Alam), the Sri Maha Periyachi Amman Hindu temple (Malacca) and the Sri Kaliaman Hindu temple (Shah Alam) demolished in 2007 could not have been necessitated by law as such national land code, building plan laws and relevant land ordinance were not in existence during that time.
In Malaysia, the National Heritage Act 2005 is an Act to provide for the conservation and preservation of National Heritage, natural heritage, tangible and intangible cultural heritage ie aesthetic, archaeological, architectural, cultural, historical, and scientific. Doesn't a temple over 100 years qualify under this act, or is it only selective for a particular ethnicity in a multicultural society?
In another round of answer, the “learned” Attorney General failed to address the independence of the judiciary and arbitrary detention on the issue of the prisoners of conscience ie the HINDRAF 5 but rather how RPK was released after being detained under the ISA to show the independence of the judiciary but then why is the government now appealing which is again a total abuse against the concept of the rule of law and basic commitment to human rights and the independence of the judiciary by the UMNO led government.
On the torture of Prabakaran and murder of A. Kugan, he claims that Malaysia does not condone to any torture. What happened to over the 1,000 Indians who were murdered in custody or shot dead over the years? Has there been any conviction against the police personnel for those who had been murdered so far? If only not for the brave HINDRAF heroes who barged into the mortuary, alternative media and public pressure, the cases of Prabkaran and A. Kugan would had been swept under the carpet just like the rest of them. What action had the government taken other than to investigate so far on Kugan's murder that took place in custody although over three weeks had past and no arrest has been forthcoming simply because the culprits are members of the Royal Police Force
On freedom of assembly, expression and religion, he claims everything is done in accordance to the Constitution. How do one justify the arrest and charge against peaceful protesters such as HINDRAF, BERSIH, JERIT and the abolish ISA vigils that had taken place as oppose to inciting and provoking racial protest that are orchestrated and conducted by the UMNO let fascist government?.
Such blatant lies and condescending replies by the Attorney General at the august International Forum only reflects the dire state the nation faces through imposition of fear and intimidation against the will of the public in seeking and living within the sphere of the constitution.
The present glorified Malaysian government definitely does not deserve to be in the Human Right Council with its atrocious track record on human right violations. All the NGOs and importantly the Malaysian People Power need to increase their tempo and act in questioning and addressing issues that concerns the society irrespective of the race, religion, color or following for us to move forward in Malaysia.
Thank you.
P. WaythaMooorthy
Hindraf – Chairman
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