Had Malaysian delegates in Geneva backed her candidacy, prominent lawyer Ambiga Sreenevasan could well have been appointed the UN special rapporteur on freedom of religion.

Instead, the selection process has given rise to confusion at the very least, based on varying accounts in hand.

bersih 21 charged in petaling jaya session court 230109 ambiga "I received information that I had in fact been named the UN rapporteur on freedom of religion as my name appeared in the final list of mandate holders on the UN website," Ambiga ( left ) told Malaysiakini .

"This was however reversed very shortly thereafter. I have not received any official confirmation of why this happened but I understand that this is not usual."

Speculation has been rife that her candidacy had been blocked by the Malaysian government on the basis that she has been ‘too bold' in her comments on religious issues.

However, a NGO representative in Geneva attributed the problem to the ambivalence of Malaysian delegates who "did not support or reject" her candidacy.

"They were not at the meeting (to discuss the selection of the rapporteur) and when they were there, they did not speak up (for Ambiga)," said the representative who requested anonymity.

She said it was members of the Organisation of Islamic Council (OIC), mainly from the African countries, and several regional groups which eventually rejected Ambiga's candidacy.

Shortlisted in May

Ambiga had been shortlisted for the post in May by the Office of the High Commissioner for Human Rights (OHCHR) on behalf of the consultative group on special procedures mandate holders.

The five-member group comprises member-states from different geographic regions appointed by the Human Rights Council (HRC).

Other candidates were Heiner Bielefeldt (Germany), Nazila Ghanea Hercock (Iran/UK), Carolyn Evans (Australia), and Musambary Katumanga (Kenya).

UN resident coordinator in Kuala Lumpur, Kamal Malhorta, confirmed that Ambiga's name had been on the HRC president's proposed list of appointees.

However, the list circulated on June 17 did not get the agreement of all regional groups and the OIC.

Following extensive informal consultations between the president and several member-states, the council appointed Bielefeldt, he explained when contacted.

"I am no expert on this matter but clearly the UN special rapporteur on freedom of religion should be open and fair to all religious persuasions and have strong human rights credentials," he said.

"The appointment of special procedures positions is not an OHCHR responsibility, but that of the HRC which is made up of elected UN member-states, including Malaysia."

‘Shocking claim'

An article entitled ‘German professor named UN's top expert on religious freedom', has claimed that Ambiga's candidacy was rejected by several Muslim countries because of her "sometimes critical stance on Islam".

"(This claim) is wholly without any basis whatsoever as I have never been, and will never be, critical of any religion," said Ambiga.

"I was very shocked to read it....I would be very interested to know which of my writings or comments they are referring to."

She described Bielefeldt, as an outstanding candidate.

"I wish him all the very best in what will be a very challenging mandate. I hope he will have the opportunity to come to Malaysia," she said.

"As for me, it is a great honour for me to have even been considered at all. I will of course continue to be vocal on issues of freedom of religion."

Had a Malaysian been appointed the rapporteur, she noted, it would have enhanced the country's multi-religious image and could have been a stepping stone for dialogue at the domestic and international levels.

"There is also no doubt in my mind that the Malaysian experience and perspective would likewise have assisted greatly in the work of a rapporteur on freedom of religion, which would have been a credit to Malaysia," she added.

Ambiga, a former Bar Council head, now chairs its committee on orang asli issues and also leads election reform NGO Bersih 2.0.

She was awarded the US Secretary of State's 2009 International Women of Courage Awards for "masterfully using the rule of law to advance human rights, the status of women, and religious tolerance".

Under her stewardship in August 2008, the Bar Council organised a forum on religious freedom and conversion to Islam in 2008, but the event was disrupted by a group of Muslim protestors.