By: Natalie Shobana Ambrose
theSun, Malaysia (pg 12) October 17, 2013
Imagine reading a memoir that comes with the fine print "that's mostly true". It can be infuriating as memoirs are supposed to be accurate, needing no fine print.
It's frustrating because even if some bits of the memoir were truthful, you'll be second guessing everything because of all the half-truths peppered into the story.
That's how our national report for the Universal Periodical Review reads – moderately truthful.
In exactly a week, it will be Malaysia's turn to deliver this already public document to the Human Rights Council in Geneva and you might find yourself in the same predicament trying to decipher the truths from the half truths.
The report states that there is a "strong commitment to the rule of law, to upholding respect for human rights and a commitment to continue widening the democratic space" – that is what this re-elected government is strongly committed to.
Let's just look at these three elements juxtaposing them to some realities of today's Malaysia.
STRONG COMMITMENT TO THE RULE OF LAW
The 2012 Auditor General's Report, which was prepared in March 2013 was only released in October.
Putting aside questions as to the delayed release, the report states the many misappropriations of public funds, from wall clocks that cost RM3,810 instead of the budgeted RM100 a clock to a four-day study trip that cost over RM300,000, a K-Pop concert that the government paid over inflated prices (but claimed it was sponsored) and the "lost-at-sea" firearms to name a few.
As per previous years, nothing will come of it. Every year, the public get up in arms about the blatant corruption proof that the AG's report exposes and yet, year after year nothing happens to those who siphon public funds.
If there truly was a strong commitment to the rule of law, why has no one been investigated – the proof is in the report and yet nothing has been done. Somehow this is also missing from the section in the report titled "Good governance".
Another glaring injustice is custodial deaths. In July 2013, Amnesty International reported that there were 12 custodial deaths since the beginning of the year and till today their deaths and the bruises on their bodies remain a "mystery".
Then there are those who are still detained without trial deprived of a day in court, denied justice and their right to freedom.
These are just some of the many more real examples of violations to the rule of law. Using the words "strong commitment" seems like a half truth when measured against these convenient lapses.
UPHOLDING RESPECT FOR HUMAN RIGHTS
In the UPR report, Malaysia touts the repealing of the Internal Security Act (ISA) as legislative developments related to civil and political rights.
But what about the Prevention of Crime Act of 1959? Of course since the recent amendments to the PCA (which allows for people to be detained without trial) was made after the report was published, the PCA is conveniently not mentioned in the report.
Even Suhakam has stated that the PCA is inconsistent with fundamental human rights principles, yet we are patting ourselves for a half truth that the ISA has been repealed.
Add to that the fact that Malaysia still refuses to sign and ratify without reservations core UN conventions which makes a mockery of our seat on the UN Human Rights Council.
Never mind about that for now, what about statements about Malaynisation of Sabah natives, forced assimilation policies or the lack of respect for native rights, native customary lands, land rights and rights to ancestral lands.
Then there are the other issues of migrants, refugees and asylum seekers. Not only have we violated international protected prohibition against refoulement, the report states that documented non-skilled foreign workers "enjoy protection under various domestic laws".
Do we really protect migrants from unpaid wages, harassment and other hazardous situations? We might want to reassess that statement based on the fact that we have not ratified International Labour Organisation Convention No: 189 neither do our domestic laws and practice reflect such "enjoyment".
One also has to wonder where the terms "Chinese tsunami", "shoot to kill policy" and the issue of franchising language based on religion fits in to the section about upholding "respect for different cultures, languages and religions of its people …"
A COMMITMENT TO CONTINUE WIDENING THE DEMOCRATIC SPACE
Let's talk about how the report states that "The Peaceful Assembly Act 2012 [Act 736] (PAA) was enacted to breathe life to Article 10 of the Federal Constitution to enhance the implementation of the right to assemble peaceably as guaranteed by the Federal Constitution."
I'm not sure prohibiting, sorry I mean regulating, street protests is the same thing. Judging from the burns from the tear gas used during 2012 Bersih rally this must be another half-truth couched in flowery language.
Then there is the Sedition Act and the amendment 114 A to the Evidence Act which are not mentioned in the UPR report.
The report peddles the use of indelible ink as an electoral reform, but fails to state that the ink used was not silver nitrate but food colouring.
While we still have a Printing Presses and Publications Act, which requires government licensing of publications, one amendment (namely the removal of the "Home Minister's 'absolute discretion' in relation to granting of permits and also abolished the requirement for annual licence renewal" has suddenly turned this draconian law into a progressive, positive move premised on the right to be heard and the right to freedom of expression according to the report. I'll be damned!
This report is clearly filled with disinformation, not just misinformation.
In an address via video last week, US President Barack Obama lauded Malaysia saying "Malaysia's diversity, tolerance and progress can be a model to countries around the world."
The most dangerous of countries are the ones labelled progressive because they preach of being moderates yet suppress every citizen while the rest of the world place them on a pedestal.
Natalie is exhausted from reading through a "mostly true" report.
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