June 23, 2012
UNHRC Monitoring Malaysia's Human Rights Abuses
by Dr. Yolanda Augustin@www.malaysiakini.com
COMMENT A team of polite society activists from Suaram, BERSIH, Empower as well as Aliran wrapped up a week-long revisit to a 20th Session of a UN Human Rights Council in Geneva today.
Their aim was to prominence tellurian rights violations in Malaysia, in particular a clampdown upon leisure of assembly, organization as well as countenance as well as police savagery during a BERSIH 3.0 convene in April.
During a week a team took a opportunity to short assorted UN Special Rapporteurs, country specific permanent missions as well as tellurian rights organisations upon deteriorating conditions in Malaysia.
Earlier this month, Maina Kiai, (left) special rapporteur for leisure of open as well as organization released a corner press matter together with Frank La Rue as well as Margaret Soakage, a special rapporteurs upon a right to leisure of countenance as well as a incident of tellurian rights defenders, requesting an call in to conduct an eccentric inquiry in to a tellurian rights abuses during BERSIH 3.0. To date, a Malaysian supervision has unsuccessful to respond.
Consequently, it was welcomed when Maina Kiai's gave special mention of a deteriorating tellurian rights incident in Malaysia in his address to a UN Human Rights Council upon Tuesday privately in apply oneself of a worrying worldwide direction whereby governments were regulating legislative powers to shorten as well as suppress a rights! of a ci tizens, quite in relation to leisure of open as well as association.
At a together event, Kiai, reiterated which he took a tellurian rights violations in Malaysia really seriously, saying, "the state cannot remove a avocation to strengthen people, protestors alike" In response to questions posed by Suaram's Executive Director Nalini Elumalai, he repeated his ask for an call in by a Malaysian supervision to revisit a country ahead of a 13th ubiquitous election.
Rights abuses under UN microscope
On Wednesday Jun 20, 2012, Suaram held a successful together eventuality bringing together heading Malaysian tellurian rights defenders to plead a Malaysian government's tellurian rights abuses as well as general tellurian rights obligations.
Nalini as well as Maria Chin Abdullah detailed a increasing incidents of supervision stipulations upon a freedoms of expression, information, pacific open as well as association.
A Samad Said as well as Ambiga Sreenevasan, both co-chairs of BERSIH 2.0, delivered video messages concerning electoral rascal as well as Police brutality.
Baru Bian, Sarawakian parliamentarian as well as land rights lawyer, additionally provided an important viewpoint upon a nuisance as well as intimidation faced by tellurian rights defenders looking to strengthen local prevalent rights in Sarawak as well as a government's complicity in tellurian rights violations by logging companies especially in Penan.
Participants were additionally shown video clips of a Police brutality opposite protesters during a BERSIH 3.0 convene in Kuala Lumpur, together with a jagged make use of of rip gas, H2O cannons, arbitrary beatings as well as media censorship. The following day Nalini delivered an verbal matter to a UN Human Ri! ghts Cou ncil upon interest of Forum-Asia.
She highlighted a severe restrictions imposed upon leisure of open by a Malaysian supervision through a Peaceful Assembly Act 2012 (PAA) which includes prohibitions upon travel protests, a organization as well as appearance in pacific assemblies by non-citizens, a organization of assemblies by persons next a age of twenty-one as well as a appearance in pacific assemblies of young kids next a age of fifteen years.
She additionally highlighted a toilsome responsibilities placed upon a organisers of assemblies, contrary to a recommendation of a UN Special Rapporteur which "assembly organisers as well as participants should not be held obliged as well as probable for a violent behaviour of others". She called upon a supervision of Malaysia to repeal a Peaceful Assembly Act 2012, as well as to fulfil a requisite to actively strengthen pacific assemblies.
The Human Rights Commission of Malaysia, Suhakam, additionally made an verbal intervention. The elect shared a special rapporteur's regard over pacific assemblies 'that were possibly not allowed or vigourously dispersed' in multiform countries, together with Malaysia.
The elect endorsed a actuality which "while assent as well as open sequence need to be maintained during all times, pacific assemblies contingency be recognised as a legitimate approved means for a open to demonstrate themselves."
The elect additionally reiterated which a authorities sojourn obliged or assisting as well as facilitating a open routine as well as which "action taken opposite provocateurs as well as counter demonstrators contingency not impede with a rights of other pacific demonstrators."
The elect additionally highlighted a actuality which a PAA imposes as well most restrictions as well as conditions in a organization of such assemblies as well as remarkable which a supervis! ion had recently instituted a court movement opposite a organisers of a Bersih 3.0 convene for damages which were allegedly sustained during a convene upon Apr 28, 2012.
The elect concluded, "such actions by a supervision might daunt destiny assemblies as well as absolve a authorities of their shortcoming to say assent as well as order."
Stepping up a bearing of Malaysia's tellurian rights violations in a general locus forms a part of a wider strategy to hold a Malaysian supervision to comment for a poor tellurian rights jot down in a run up to Malaysia 's Universal Periodic Review during a United Nations in 2013.
Maria, Executive Director of Empower as well as BERSIH steering cabinet member, highlighted a new violence during BERSIH 3.0 as well as raised a emanate of a responsibilities of a state in ensuring a safety of those exercising their right to pacific protest.
She additionally raised a emanate of a new intimidation, nuisance as well as personal attacks opposite S Ambiga, (right) together with those by a Traders Action Council, intent upon laying claimed monetary waste during a doorway of a convene organisers.
Kiai responded robustly: "public space has as much right to be used by protesters as anyone else" as well as urged for "one standard" which pacific protests be treated sincerely either or not a proof is in foster of a government, without bias or favouritism.
"Moreover, it was a shortcoming of a state to safeguard a pacific as well as safe sourroundings for any demonstrators; this shortcoming cannot be transferred wholly to a organisers.
YOLANDA AUGUSTIN is a Malaysian doctor training in a United Kingdom.
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