Many roadblocks to thwart human rights in M’sia

Athi Shankar | April 11, 2012

Too many political leaders, lawmakers and high ranking government officials lacked wisdom to accept human rights principles to be basis of the country’s policies, says a Suhakam man.

GEORGE TOWN: Lack of knowledge, information and appreciation, and religious and racial bias were main reasons thwarting human rights growth of international-standard in the country, blamed a Suhakam commissioner.

Malaysian Human Rights Commission (Suhakam) member Muhammad Sha’ani Abdullah noted that many political leaders, lawmakers and high ranking government officials lacked wisdom to accept human rights principles to be basis of the country’s policies.

The outspoken commissioner said these policy makers either failed or refused to embrace the international concept of human rights principles.

Hence, he said policy makers have always challenged and resisted recommendations made by Suhakam to reform and improve the country’s human rights standards.

He cited India as an example where political parties, civil rights groups and lay public would jointly pressure the government to implement recommendations made by the country’s human rights commission.

“We lack this cohesive citizenry strength to force human rights reforms in Malaysia,” lamented Muhammad Sha’ani.

He said Malaysia was now lagging behind other countries in progressive human rights policies, in line with rapidly developing global human rights values based on international covenants, conventions, laws and policies.

“If this goes on, Malaysia cannot stand equal with others in terms of human rights … it will be a loss to us,” he told FMT.

He pointed out that the country leaders must act fast to rectify the problem, especially in wake of emerging Asean Community bloc by 2015.

He noted that the world was now changing drastically into a democratic, decentralised and freer global family adopting human rights as part of universal culture.

“But in Malaysia, we still have policies blocking children from taking part in peaceful assembly and candlelight vigils,” slammed Muhammad Sha’ani.

Racial discrimination

He noted that Malaysia should not have discriminatory laws against foreign companies to protect domestic companies in accordance with World Trade Organisation policies.

He said foreign workers, although cannot be granted all citizenry rights, should also be protected by labour laws and given rights to unions.

He said religious and racial bias at lower end execution level has also undermined efforts to implement human rights policies designed to protect rights of all citizens.

He cited an example in Pahang where an Orang Asli family of Christian background, which has four members with disabilities, was deprived of any assistance by the welfare department for past 30 years.

Only yesterday, the state welfare department had taken the initiative to help the family following a complaint lodged by Muhammad Sha’ani on Sunday to the department director-general.

He admitted that Malaysians were discriminated based on race and religions on educational opportunities, scholarships, civil service employments, apart from welfare aids.

He said the government can always implement special measures and legislations to help needy, under privileged and marginalised citizens.

But, he said that too must be done regardless of their ethnic and religion backgrounds.

“It’s bad for religion and race equations to come in between human rights principles and implementation.

“We should do away with racial and religious discrimination in line with international norms. There shall not be privileges based on race and religion,” he said.

Suhakam checking on institutional racism

Muhammad Sha’ani said Suhakam has been investigating on whether race and religions bias was a reason behind the high number of deaths among ethnic Indians in hands of police.

He said Suhakam has received many complaints from civil rights movement, Hindraf Makkal Sakti, on killings during police shootings and death in custody of ethnic Indians.

He said Suhakam was probing on whether such incidents were prevalent among Indians only or also involved other communities as much.

He cited legislation such as Printing Presses and Publications Act and Societies Act were also against international doctrines of freedom of association and media.

He chided the discretionary power given solely to minister-in-charge to accept or reject an application to commence a publication or organisation as undemocratic.

Stressing that ministerial power shall not be the final authority, he said rejected applicants should be given another legal avenue to appeal and challenge the ministerial decision.

He called for the formation of an independent panel, compromising current and former judges, lawmakers and civil rights activitists, to review and decide such appeals.

“The minister must explain before the panel reasons for his decision. The panel should have power to overrule the ministerial decision.

“It should decide on whether to accept or dismiss an appeal,” he said.