STATEMENT BY
MR. MOHD HAFIZ OTHMAN
MINISTER COUNSELLOR
PERMANENT MISSION OF MALAYSIA TO THE UNITED NATIONS
ON AGENDA ITEM 70(a,b,c,d): HUMAN RIGHTS SPECIAL PROCEDURES
THIRD COMMITTEE OF
THE 74TH SESSION OF THE UNITED NATION GENERAL ASSEMBLY
Mr. Chair,
1. In line with our commitment to strengthen the promotion and protection of human rights, Malaysia welcomes any visits of Special Procedures Mandate Holders (SPMH) to our country. In this connection, Malaysia, on 26 February 2019, has extended a standing invitation to all SPMH to visit Malaysia.
2. Indeed, we have hosted numerous visits including country specific mandate and engaged in dialogues with the SPMH, both under the Council’s agenda and in other side-line meetings in bilateral setting. Various Special Rapporteurs have been invited to participate in forums, panels and conferences organised by the government agencies, civil societies and our National Human Rights Institution (SUHAKAM).
3. Malaysia regards the SPMH as an integral part of the human rights mechanisms. We believe that dialogue and cooperation with States should be at the heart of the SPMH work. In undertaking their mandates, the SPMH should maintain close consultation with States. In this connection, Malaysia would like to highlight five crucial points:
- First, the Code of Conduct for SPMH as well as the Manual of Operations of the Special Procedures of the Human Rights Council (HRC) have laid out the fundamental guidelines for the mandate holders. These guidelines should be strictly observed;
- Second, in carrying out their mandate, the SPMH should adhere to key principles of objectivity, neutrality, independence and impartiality. These principles underpin the credibility and integrity of the SPMH mechanism, particularly in the process of evaluating information brought to their attention, assessing situations on the ground and recommending proper measures. The use of reliable, verifiable sources and factual information is equally essential in this respect;
- Third, in terms of communications, due diligence is important in evaluating sources of information or complaints to ensure unverified and baseless claims are avoided. The SPMH should avoid propagating unverified and incorrect information and not politicising the issue as it would cause trust deficit and tarnish their credibility;
- Fourth, reports of the SPMH should be balanced and take into account the perspectives of Governments and domestic circumstances; and
- Finally, SPMH should prioritise recommendations focusing on technical cooperation and capacity building as it could help States to identify implementation gaps and learn best practices, in order to better fulfil human rights obligations.
4. To conclude, Malaysia wishes to express its continued commitment to engaging thoroughly and in an inclusive manner with other Member States and relevant stakeholders, particularly on how to further strengthened SPMH in delivering its mandate to promote and protect human rights.
Thank you, Mr. Chair.