Hafiz Yatim (Msiakini report)The United Nations Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, Frank La Rue, has offered to conduct an independent investigation, research and assessment on the Bersih 3.0 rally on April 28.
La Rue told Malaysiakini that he had also offered to investigate the Bersih 2.0 rally last July as he happened to be in the country the day after.
"I was there exactly the day after everything had happened and it was very impressive for me because that gave me a chance to see what can happen when people just get together. They told me it was shocking, there were people with families and children.
"I understood that the rally participants were not defiant or aggressive, but still they (the police) acted brutally. It just did not make sense and it showed their intention was to close the space (for freedom of expression) which I think was unnecessary at that point," he said.
La Rue, who is a lawyer who hails from Guatemala but now based in Geneva, said following reports of Bersih 3.0, he was more than willing to come to Malaysia.
"I would be more than happy to investigate. (However) I would need a government invitation to do the research and report," he said.
La Rue, was met on the sidelines of the World Press Freedom Conference in Tunis, which ended yesterday where he delivered a talk on the decriminalising of speech.
On May 3rd, Prime Minister Najib Abdul Razak had announced that a panel would be set up to provide an independent investigation into incidents that occurred during the Bersih 3.0 rally.
He said he supported the formation of the panel, as did the cabinet, adding that they were in the process of identifying who would sit on it, and an announcement might be made this week.
The Malaysian Bar Council has also announced in an official circular that it will hold an extraordinary general meeting on Friday to discuss issues pertinent to Bersih 3.0 rally.
The Bar Council in its interim report found that police brutality had worsened.
Inquiry mission
On July 11 last year, it was reported that La Rue had said the Malaysian government risked undermining democratic progress and he thought the time was right to have a mission to inquire into these issues.
He wanted the government to officially invite him as rapporteur to research the subject and make recommendations on how to avoid future conflict but did not receive an invitation from the Malaysian government.
The Human Rights Council has mechanisms called special procedures to address either specific country situations or thematic issues in all parts of the world.
The Office of the High Commissioner for Human Rights provides these mechanisms with personnel, policy, research and logistical support for the discharge of their mandates.
Special procedures' mandates usually call on mandate holders to examine, monitor, advise and publicly report on human rights situations in specific countries or territories, or on major phenomena of human rights violations worldwide, known as thematic mandates.
Special procedures are performed either by an individual called "special rapporteur" or "independent expert", or a working group usually composed of five members (one from each region) .
The Malaysia Human Rights Commission had on May 4th in its report on the Bersih 2.0 rally found that police had violated human rights.
Malaysia is also a member of the United Nations Human Rights Council until next year.
2 comments:
The UMNO government/ruling class agreed to set up a Royal Commission of Inquiry (RCI) on the large presence of illegal foreigners in Sabah and the widespread issuance of Malaysian Mykads and identification documents. But UMNO has promised several times but has yet to do something concrete. UMNO/ruling class has to do something concrete before the General Elections(GE13). Starting the RCI work after the GE13 is a joke.
The Hindu Malaysians have the same problem. There is a UMNO minister who asked the Hindu Malaysians to have "nambikei" in UMNO. The word "nambikei" means "faith/trust" in Tamil language. The reality is that due cronyism and favoritism, most Hindu Malaysians, Chinese Malaysians and Malays were sidelined. Those who benefited under UMNO rule were the ruling class composed of Malays, Chinese, Indians, and East Malaysians who were cronies of UMNO. Now an UMNO Minister is asking Hindu Malaysians to put faith/trust in him. It means that if the Hindu Malaysians vote for UMNO in GE13, then UMNO will respond by helping to uplift the Hindu Malaysians out of poverty. But faith/trust can be given to the Almighty, not human beings because human beings do err all the time. It is dangerous to put faith/trust in human beings because they may betray you too. What Hindu Malaysians need is equal rights and meritocracy; what all the poor underclass Malaysians need is equal rights and meritocracy. The ruling class in Malaysia is opposed to equal rights and meritocracy. The ruling class favors cronyism, nepotism, and favoritism. The underclass in Malaysia favors equal rights and meritocracy. This is a class struggle.
There is UMNO with a 2/3 majority in Parliament and UMNO without a 2/3 majority in Parliament. Let's now discuss UMNO with a 2/3 majority. UMNO (with a 2/3 majority in Parliament) would be remembered for using cronyism, nepotism, and favoritism for many of her actions. UMNO, with a 2/3 majority in Parliament, would be remembered for putting itself even above the judicial system. As a result of cronyism, nepotism, and favoritism, it created a ruling class composed of Malays, Chinese, and Indians. As a result of cronyism, nepotism, and favoritism, the majority of the population of all races and religions became the underclass and had reduced opportunities. It would be difficult to separate cronyism, nepotism, and favoritism from electoral fraud: that is, cronyism and electoral fraud may be interdependent.
There is UMNO with a 2/3 majority in Parliament and UMNO without a 2/3 majority in Parliament. Let's now discuss UMNO with a 2/3 majority. UMNO (with a 2/3 majority in Parliament) would be remembered for using cronyism, nepotism, and favoritism for many of her actions. UMNO, with a 2/3 majority in Parliament, would be remembered for putting itself even above the judicial system. As a result of cronyism, nepotism, and favoritism, it created a ruling class composed of Malays, Chinese, and Indians. As a result of cronyism, nepotism, and favoritism, the majority of the population of all races and religions became the underclass and had reduced opportunities. It would be difficult to separate cronyism, nepotism, and favoritism from electoral fraud: that is, cronyism and electoral fraud may be interdependent.
At some point in time Sabahans must draw the line somewhere. Waiting for GE13 to be over before the RCI can do what they should do may not be a good idea. Any way, its up to Sabahans to decide. Should the RCI do its work before GE13 or after GE13 is the burning question. If the Sabahans continue to tolerate and have faith/trust in UMNO, then it is their own problem. It is for Sabahans to wise up. It is for Sabahans to realize that they have been shortchanged. It is for Sabahans to decide their own future. Sabahans cannot and should not wait and wait for the RCI to do its work. I say that the RCI should do its work before GE13; and this should be the ultimatum. I say that RCI should complete its work before GE13; and this should be the ultimatum. I say that RCI starting its work before GE13 is insufficient. Starting its work and completing its work are not the same. Starting is only starting. Starting and completing are different. Sabahans have waited too long for RCI. There should be no more delays. The RCI must complete and finish its work before GE13. RCI must complete and finish its work to the satisfaction of the Sabahans before the GE13. It is important that the Sabahans be satisfied with findings of the RCI before the GE13 is held. This should be the ultimatum.
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The political history of Malaysia can be divided into two chapters: that is, chapter one and chapter two. Chapter One is about UMNO rule with a 2/3 majority in Parliament. Chapter Two is about UMNO rule without a 2/3 majority in Parliament. We are now in Chapter Two. The beginning of Chapter Two is the end of Chapter One. Similarly, the end of Chapter One is the beginning of Chapter Two. Is it a class struggle? Is it a class struggle between the ruling class and the underclass? Is it similar to Bastille? Is Chapter Two a result of the rise of the underclass in Malaysia? May be the underclass are becoming bolder in Malaysia to demand equal rights and meritocracy. May be. We will wait and see.
Chapter One had its social, political, and economic effects for the nation. Chapter Two has just begun and its social, political, and economic changes are something we have to wait and see.
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