The Human Rights Commission's (Suhakam) first annual report, presented to Parliament today, detailed a four-point plan for the betterment of human rights in the country. Below is the full text of the report outlining the recommendations.

'After a review of the priority issues before us, Suhakam recommends the following:

1) Ratification of international human rights instruments

i. That Malaysia ratifies as soon as possible the following international instruments:

- The International Covenant on Civil and Political Rights

- The International Covenant on Economic, Social and Cultural Rights

- The Convention Against Torture

ii. That the government takes steps to draft new legislation to incorporate the provisions of the Conventions which have been ratified into domestic law.

iii. That the government reviews existing legislation, regulations and administrative to bring them into line with the Conventions ratified.

iv. That the Malaysian judiciary be more responsive in interpreting the definition of "human rights" in the Federal Constitution. If human rights are indivisible and universal, then they are inherent and integral of the common law of Malaysia and should be enforced accordingly.

v. That the government reviews periodically its reservations to the Conventions ratified with a view towards their eventual withdrawal.

2) Right to equality

i. That Article 8(2) of the Federal Constitution be amended to include "sex" as a prohibited ground for discrimination.

ii. That the Constitutional amendment also defines discrimination in terms of Article 1 of the Cedaw (Convention on the Elimination of all forms of Discrimination Against Women) which recognises that any action which has the effect (not just the intention) of discriminating on the basis of sex constitutes an act of discrimination. For example, even though a law is not purposely intended to discriminate, if the effect of its implementation denies equality between men and women, then that law discriminated against women.

iii. That the government takes steps to incorporate its international commitments to the Cedaw Convention into domestic law.

3) Legislative process

i. That Bills should be referred to a select committee of parliament of state assemblies after the first reading. This will provide experts, public interest groups and other concerned individuals with the opportunity to give their views and inputs into Bills that will have a direct impact on their lives.

ii. That the authorities cease the common practice of declaring draft legislation as official secret before it is tabled in the legislative bodies.

iii. That major legislation should be drafted in consultation with public interest groups with the benefit of a well-informed public debate.

Interim recommendations

1) Freedom of assembly

i. That application for permits to hold static assemblies (as opposed to processions) in premises such as private properties, be approved as a general rule, without restrictions on freedom of expression. The organisers are to ensure to public order occurs.

ii. That other specific outdoor areas /compounds/spaces be determined by the authorities for the holding of peaceful assemblies. These should include locations and public spaces in major urban centres, including Kuala Lumpur.

iii. That the procedure for applying permits be simplified by using a standard form to be issued to organisers to fill in the following details:

a) Name/Names of sponsoring organisation;

b) Names of at least three organisers, identity card numbers and addresses;

c) Location where assembly will be held;

d) Date of assembly;

e) Purpose of assembly;

f) Estimated starting and ending times; and

g) Estimate of crowd expected.

iv. That a declaration be signed by a minimum number of organisers to assume responsibility for the assembly to be peaceful, orderly and for cleanliness to be restored.

v. That 'marshalls' be appointed and identified by the organisers to ensure orderliness.

vi. That the law enforcement agencies maintain a discreet presence to ensure orderly movement of people and traffic control and that public order personnel be on standby away from the assembly site.

Conclusion

The first eight months of its existence had been a busy one for Suhakam but much more needs to be done, especially in the field of education. The Malaysian public needs to be more conscious of their basic human rights and government institutions need to be more aware of their responsibilities in protecting those rights. Formal and informal education on human rights need to be carried out and Suhakam is in the process of preparing modules for these purposes, especially for the police and for schools.

Once there is consciousness, awareness and respect for human rights in all sectors of society and a human rights culture exists, the commission believes that Malaysia would be ready to be a developed nation with an ethical, liberal, tolerant and caring society as envisaged under Vision 2020.'