Malaysia presented its report at the Fourth Session of the Human Rights Council on Wednesday, 11 February 2009. The Human Rights Council is an inter-governmental body within the UN system made up of 47 States responsible for strengthening the promotion and protection of human rights around the globe. The Council was created by the UN General Assembly on 15 March 2006 with the main purpose of addressing situations of human rights violations and make recommendations on them.
The Universal Periodic Review (UPR) presents a rare opportunity for the international community to systematically engage with Malaysia on the full spectrum of human rights concerns. Malaysia’s national report was presented by Tan Sri Rastam Mohd Isa, Secretary General of the Ministry of Foreign Affairs. Tan Sri Abdul Ghani Patail, the Attorney General and Datuk Faizah Tahir, Secretary General of the Ministry of Women, Family and Community Development made additional statements during the interactive session.
“The UPR mechanism not only affords states the opportunity to provide an accurate snapshot of the human rights situation in a particular country, but it also provides an avenue for the State under Review (SuR) to assess its achievements and shortcomings in the promotion and protection of human rights, share its experiences with others and effect improvement and enhancement in this area through various means,” said Tan Sri Rastam Mohd Isa. Tan Sri Rastam further emphasised “Malaysia has always held the view that human rights issues must be tackled in a holistic manner, taking into account the interdependence and indivisibility of civil and political rights on the one hand, and economic, social and cultural rights on the other.”
Many of the members and observers of the Human Rights Council expressed recognition of Malaysia’s positive engagement with the UN’s Universal Periodic Review – including its comprehensive report. The Council also acknowledged the progress made by Malaysia in certain human rights areas, including the eradication of poverty, education, advances related to its legal system, health programmes and the development of its economic, social and cultural rights.
“In a nutshell, Malaysia’s efforts to secure the promotion and protection of human rights and fundamental freedoms for its people have been very much focused on achieving inter-racial harmony within the society, coupled with equitable socio-economic development while taking into account the human rights and fundamental freedoms of the individual” said Tan Sri Rastam. “We are of the view that emphasising only on the promotion and protection of individual rights, at the expense of the rights of the community, can be detrimental to the overall well being of the country”.
The Malaysian government presentation also addressed issues such as Freedom of Assembly, Expression, Religion, Preventive Laws and others. On questions raised on safeguards concerning preventive laws, Tan Sri Abdul Ghani Patail the Attorney General stressed that such safeguards are in place, stating that, “a person detained under the ISA can petition by way of a writ of habeas corpus to the High Court at any time and as many times during his or her detention. Whether a person is detained under sections 73 for investigation purposes or section 8 under the Minister’s order, that person could file for the writ of habeas corpus. The Malaysian Court in the past had on many occasions granted habeas corpus to detainees whom they consider to be wrongfully detained”. The Attorney General also illustrated recent cases, such as the case of the blogger Raja Petra Kamaruddin and reporter Tan Hoon Cheng, who were arrested under the ISA for various reasons.
The report also addresses Malaysia’s efforts in addressing issues concerning rights of the child, migrant workers, persons with disabilities as well as gender mainstreaming. The Secretary General of the Ministry of Women, Family and Community Development, Datuk Faizah Tahir, also stressed the importance of the role of the family structure in the successful implementation of various government programes. Datuk Faizah stated that “Realising that family is a key component in building peaceful, prosperous and stable community, Malaysia has embarked on various programmes aimed at strengthening family institutions”, highlighting that” the National Family Policy will be formulated with the objective of developing and enhancing the family institution as well as promoting a family first concept. This policy will ensure the incorporation of family well-being initiatives in all policies, legislation, programmes, services as well as facilities”.
“Malaysia has taken this review exercise very seriously and positively. We are convinced that this process, conducted as it was in the spirit of collegiality and goodwill has laid a good foundation for the further enhancement and protection of human rights and fundamental freedoms internationally,” said Tan Sri Rastam. “Malaysia has come a long way, we acknowledge that there are certain areas which require more attention and action.... As a multi-racial and multi-religious society, Malaysia has proven that the differences in culture, religion and belief do not hinder us from advancing the cause of human rights in Malaysia. Malaysia has learnt to share the values of tolerance and freedom and our heterogeneous society with all its attributes of diversity, is a source of our strength, not a cause for division and confrontation .”
Malaysia assured the Human Rights Council that that the various comments, suggestions and recommendations made during the interactive dialogue have been noted and would be taken into consideration by the Malaysian Government.
“Malaysia is fully committed to the success of the UPR process. Our presence here today is a testimony of the Government’s earnest desire to protect and promote human rights of all Malaysians irrespective of their racial, religious and cultural origins. We are mindful of the ultimate goal of the UPR and as such, we acknowledge the shortcomings and challenges that we face,” said Tan Sri Rastam in his concluding remarks.
The archived UN Webcast of Malaysia’s presentation of its national report, the interactive session and further responses by the Malaysian delegation is available at:
http://www.un.org/webcast/unhrc/archive.asp?go=090211
GENEVA 11 FEBRUARY 2009
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