Human Rights: UPR and Suaram

Living in Malaysia has increased my knowledge of human rights. The Fulbright Alumni grant has exposed me to Malaysia's refugee population and people who work on its behalf. Recently I represented some Malaysian NGOs at a workshop in Bangkok (Malaysian staff were busy with year end activities). The International Service for Human Rights held the workshop to prepare Malaysia, Myanmar, and Thailand human rights institutes and NGOs for the 2nd cycle Uniform Periodic Review (UPR) review. Simply put, the UPR is an interactive process between a state and other UN states; in Geneva each state reports what it has done to improve human rights. Between 2007-2011 (the first cycle) all 193 member states were reviewed.The 2nd cycle began in 2012 - Malaysia will report in 2013.(The United States submitted its first cycle report in 2010. This article describes the process, the recommendations, and the State Department's immediate reaction.)

Some stuffed dinner guests

             

On Day 1 we reviewed the UPR process, the countries' record in implementing 1st cycle recommendations, and linking them to the 2nd cycle review. A common observation was that governments said that they were taking action, but weren't. Malaysia did not accept any recommendation to ratify a UN treaty or covenant. We ended the day with an amazing dinner, comparable to a Chinese wedding banquet.

The most valuable activities were hearing from and meeting with representatives from Indonesia and the Philippines who have had their 2nd cycle review. We met separately with representatives from the Philippines who shared helpful advice and materials. (One Filipino described himself as representing Philippine's "vibrant" NGOs - a perfect description of himself as well.) They recommended that NGOs lobbying embassies, especially those representing countries that had asked questions during the first cycle.

Commissioner Muhammad Sha'ani

I was pleased to meet and work with a SUHAKAM commissioner and staff member. SUHAKAM, is Malaysia's Human Rights Commission. Its commissioners are appointed to three year terms, so the current set of "good" commissioners can be replaced by not so good commissioners.) Commissioner Muhammad Sha'ani was a storehouse of information about food (he was trained/worked in agriculture) and Malaysian politics. His dedication to to the rights of migrant workers (including refugees) and orang asli was impressive. He spends many weekends in orang asli communities learning about them and their needs. Sha-ani and staff member Fahmi were examples of  smart, dedicated Malaysians who are advancing this country's human rights and creating a more just society.


The second day was devoted to small group meetings about implementing and monitoring UPR recommendations.One theme was that NGOs had to continue their engagement after the UPR review. They can educate the public, lobby agencies, and set up or support a monitoring system. I was in one group with a representative from Myanmar who was intense about the need to train soldiers on human rights. Her concerns do no apply in Malaysia where the military keep out of domestic matters. Sha'ani attributed that Malaysia had never had military a coupe, unlike its neighbors other than Singapore.

Fahmi, SUHAKAM staff and drafting partner

The third day Sha'ani, Fahmi, the SUHAKAM staff member, and I met to discuss follow up. Sha'ani suggested that SUHAKAM might engage more of civil society in the UPR process. No need for us to speak  with the same voice, the process is meant to give voice. The workshop ended with participants producing a "good practices" document to summarize the valuable lessons learned. Fahmi and I had worked on the initial draft with the extensive involvement of Eleanor, one of the facilitators.








Thoroughly schooled in UPR processes my next step was to learn the content of Malaysia's human rights issues (although I already had a good idea of what they were). I went to the launch of Suaram's 2012 civil and political rights report. Suaram, a human rights organization, has faced continual police and administrative harassment this year, which has distracted its leaders and its allies.

Suaram Launch. Why all the photographers?

While human rights issues in Malaysia may pale besides Myanmar's child soldiers and forced labor and the Philippines recent experiences with extrajudicial killings and enforced disappearances, the harassment of Suaram is indicative of practices that stifles dissent, The report wasn't all bad news. For example, it commended SUHAKAM for its actions to protect human rights (I was glad to have my impression confirmed.) It documented concerns about range of human rights issues.

In addition to launching the report Suaram awarded its human rights award to Himpunan Hijau and the Murum and Baram communities. Himpunan Hijau recently held a 300 km march to protest a rare earth project that will have serious environmental impact. Murum and Baram communities have fought the building of dams in Sarawak on the island of Borneo. The destruction of the forests in Sarawak is a travesty and building the dams will add to environmental desecration, The awards recognize that a healthy vibrant environment as a human right.