Govt's lack of respect for Suhakam and indifference to human rights earns the ire of 32 NGOs

Anuar Zainal Abidin was among three commissioners axed

The first term of office of Suhakam Commissioners has lapsed on 24 April 2002. It is important therefore to ask whether the state of human rights has improved over the last two years and to what extent if at all human rights has been protected and promoted in the country.

During their term, Suhakam had submitted a number of reports including the first Human Rights Report to Parliament, the Kesas Highway Inquiry Report and the Report on Freedom of Assembly. The NGOs note with deep concern that the Government has largely ignored the maiden report and the Freedom of Assembly Report, whereas the Kesas Report submitted after a public inquiry earned the disdain and wrath of the Prime Minister, who summarily dismissed it as a product of “western bias”.

It is therefore obvious that although as a public institution, Suhakam was established by an Act of Parliament for the protection and promotion of human rights, the Government itself has shown no respect for or recognition of their recommendations.

The NGOs’ position is that in fact over the last two years, the state of human rights in the country has deteriorated with increasing numbers detained without trial under the Internal Security Act (ISA), with blanket police ban on assemblies, with restrictions to the right of free speech and expression and with further restrictive amendments to the election laws all of which have further denied our democratic space.

The NGOs further note that to date, the Government has yet to demonstrate its commitment to and respect for universal human rights principles by ratifying the international instruments of human rights, namely the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the Convention Against Torture.

Nor has Suhakam been seen to monitor the Government’s compliance with regard to their recommendations. This leaves the impression that Suhakam is a mere public relations tool created by the Government to give the appearance that it is concerned with human rights issues, but in fact having no genuine intention to introduce real and meaningful changes in administration and governance to evolve a proper human rights culture in Malaysia.

Of further concern to the NGOs is the impact on the independence of Suhakam arising from its new composition, with the non-renewal of the appointments of Tan Sri Anuar Zainal Abidin, Puan Mehrun Siraj and Datuk Dr. Salleh Mohd Nor.

Firstly, it is the perception of civil society that the Commissioners who have been dropped are among those who have actually discharged their statutory duties in the protection and promotion of human rights, without fear or favour.

The fact that the three (3) Commissioners have now been axed, is a clear signal to the other Commissioners and the new ones appointed that their tenure is dependent on the Executive.

This clearly compromises and undermines the independence of the Commission and will inevitably result in loss of public confidence in the Commission as a whole.

Secondly, as far as the appointment of the new Chairman, Tan Sri Abu Talib Othman, is concerned, the NGOs note that there is nothing in the public record that he has been committed to the true spirit of protecting civil liberties and advancing human rights.

In fact, as the former Attorney-General, he led the Government’s defence to justify Operation Lalang in 1987, which was among the largest and widest ISA swoops in independent Malaysia, and marks one of the darkest episodes in the chapter of human rights abuses in the country.

He was also the Government prosecutor who led the impeachment of former Lord President Tun Salleh Abas and five (5) Supreme Court Judges, which led to the dismissal of Tun Salleh Abas, Tan Sri Wan Suleiman and Datuk George Seah, and the destruction of the independence of the judiciary.

Thirdly, as far as the appointment of the new five (5) Commissioners is concerned, the NGOs note the preponderance of retired civil servants in the new Commission. Our concern is whether persons used to the role of policy implementors can objectively assess and critique Executive policies which impinge on human rights.

Given these circumstances, the NGOs have by consensus decided that they will for a period of one hundred (100) days from the date of the appointment of the new Commission on 24 April 2002, suspend all engagement with the Commission.

During this period, the NGOs will not have any dialogues with Suhakam nor will they send any memoranda or complaints to the Commission.

In the meantime, the NGOs will monitor the Commission in the discharge of their statutory duties in respect of pending complaints and inquiries, including the inquiry on the ISA detentions and the inquiry on Kampung Medan.

The NGOs will further note to what extent Suhakam will monitor the Government’s compliance with previous recommendations on various human rights issues contained in the maiden report to Parliament and the other Suhakam reports.

Upon the expiry of one hundred (100) days, the NGOs will meet once again to review their position, in relation to their future engagement with Suhakam.

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