November 13, 2012
www.nst.com.my
Malaysia's Human Rights Record Up for Review in October, 2013
by Datuk Khaw Lake Tee, Vice-Chairperson, SUHAKAM
THE tellurian rights situation in a nation is scrutinised by a general village by a unique mechanism of a Human Rights Council (HRC) which monitors as well as assesses a tellurian rights annals as well as addresses tellurian rights violations of any of a 192 United Nations (UN) partial of states periodically any four years.
The Universal Periodic Review (UPR) gives a opportunity for all partial of states to declare what action they have taken to urge a tellurian rights situation as well as to overcome hurdles to a enjoyment of tellurian rights, to raise a genius to deal effectively with tellurian rights hurdles as well as to share most suitable tellurian rights practices between a states as well as alternative stakeholders around a world. Forty-eight states have been evaluated any year in 3 different sessions.
The reviews, conducted by a UPR working group which consists of 47 members of HRC, have been based upon a inhabitant inform supposing by a state underneath review, a inform contained in a reports of independent tellurian rights experts as well as groups (such as a special procedures, tellurian rights covenant bodies as well as alternative UN entities) as well as a inform from alternative stakeholders, together with inhabitant tellurian rights institutions as well as non-governmental organisations.
The UPR will consider a extent to which a state underneath exa! mination respects a tellurian rights obligations set onward in a UN Charter, a Universal Declaration of Human Rights, tellurian rights instruments to which a state is party, voluntary pledges as well as commitments done by a state (national tellurian rights policies and/or programmes implemented), as well as germane general humanitarian law. Each state examination is assisted by a group of 3 states, known as "troikas", who additionally offer as rapporteurs. The UPR examination upon Malaysia was conducted upon February 11, 2009 during a fourth session of UPR. The troikas for Malaysia were Egypt, Nicaragua as well as Qatar.
Malaysia adopted 62 recommendations in a result report, which included, between others, a resolution of general treaties, examination of existent laws as well as authorised system, inhabitant policies as well as strategies upon tellurian rights, economic, amicable as well as cultural rights, tellurian rights of a vulnerable groups, foreign workers as well as trafficking in persons.
Malaysia rejected twenty-two recommendations as well as reserved comments upon 19 recommendations. The response to a 19 reservations was supposing in June 2009, in as well as with a tabling of a UPR result inform upon Malaysia, at a 11th HRC Regular Session.
Malaysia is now in a stage of a UPR routine where it is approaching to implement a pledges as well as commitments made. A inform upon a status of a implementation of UPR recommendations is due upon Mar eleven subsequent year, after which Malaysia will bear a second cycle examination approaching to take place at a 17th Session of a UPR in Oct subsequent year.
As a inhabitant tellurian rights institution, a Human Rights Commission of
It plays an important purpose in post-UPR stage as partial of an ongoing routine rather than a one-off programme. Suhakam has undertaken stairs to follow up as well as guard a implementation of a UPR recommendations.
They include, between others, establishing an Internal UPR Follow-up as well as Monitoring Committee comprising focal officers of assorted groups as well as groups within a commission; conducting recognition programmes upon a importance of a UPR mechanism as well as Malaysia's obligations underneath a general tellurian rights mechanism; engaging with supervision agencies as well as alternative stakeholders by conference as well as briefing sessions; pity of most suitable practices as well as contribution in UPR-related precision materials; and, engaging with regional as well as general tellurian rights bodies by inform sell as well as smoothness of statements.
It has been 3 years given a last examination upon Malaysia. Suhakam is gratified which there has been swell done by a supervision in ensuring a implementation as well as fulfilment of a general joining done by a UPR. The repeal of a Internal Security Act, a Sedition Act, Emergency Declarations as well as Banishment Act as well as a examination of a number of laws, together with Section 27 of a Police Act, a Printing Presses as well as Publications Act as well as a Official Secrets Act, have been some positive moves with regard to reviewing existent laws to safeguard correspondence with general tellurian rights principles.
Suhakam welcomes Malaysia's resolution of a Con! vention upon a Rights of Persons with Disabilities (CRPD) as well as a withdrawal of several of a reservations underneath a Convention upon a Rights of a Child (CRC) as well as a Convention upon a Elimination of all Forms of Discrimination against Women (CEDAW) in 2010, as well as a new preference to accede to a dual discretionary protocols to a CRC.
Suhakam urges a supervision to feature a efforts towards ratifying a remaining six core tellurian rights instruments as well as hopes which a supervision will speed up a withdrawal of a remaining reservations to a CRC, CEDAW as well as CRPD.
Suhakam hopes a supervision will commence suitable stairs to safeguard amicable as well as health services, preparation as well as adequate authorised protection measures for a marginalised groups as well as continue a efforts to address a issues of tellurian trafficking as well as all forms of exploitation of both nationals as well as foreigners. Suhakam additionally recommends which a supervision soak up a UPR recommendations into a proposed National Human Rights Action Plan.
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