Malaysia seeks to limit UN special rapporteur's term
The Malaysian government last week launched a thinly-veiled attack on the Special Rapporteur on Independence of Judges and Lawyers, Param Cumaraswamy, in a bid to prevent his re-appointment by the United Nations Human Rights Commission.
According to social reform group Aliran representative, Deborah Stothard, at the current session of the commission in Geneva, Malaysian Ambassador Hamidon Ali relied on technical points to support his argument that special rapporteurs should not have their tenures extended beyond two terms.
However, Hamidon's justifications on the issue deviated from his text when he spoke off the cuff in a direct reference to Param Cumaraswamy.
The ambassador expressed unhappiness at situations where a special rapporteur may comment on issues involving a country of which he is a national, Stothard said.
The ambassador made his comments in response to a report produced by the commission's Working Group. Cumaraswamy's second term of three years is about to expire and it is expected that the commission will extend his appointment for another term.
The Malaysian ambassador said his delegation was "extremely disappointed" because the report "does not clarify the issue of term limits for the tenure of special rapporteurs".
He insisted that a previous statement made by the chair of the previous session (1999) implied that special rapporteurs could only be extended for an additional one term (of three years) only.
"We strongly believe that the strict application of such a rule would go a long way in maintaining appropriate detachment and objectivity on the part of the special rapporteurs, as well as to ensure a regular infusion of new expertise and perspectives." said Hamidon.
Stothard, who has been attending the UN Human Rights Commission for the past four years under Aliran, criticised the ambassador for tarnishing Malaysia's image at the commission.
"It is part of a disturbing pattern. The Malaysian's delegation's statements have been deteriorating in proportion to the deterioration of human rights at home."
Cumaraswamy's persecution through the Malaysian court system for comments he made on the (lack of) independence of the Malaysian judiciary has been a cause for deep concern amongst human rights supporters, Stothard said.
It has been interpreted by many as an attack on the UN system and the commission's capacity to comment on human rights issues, she added.
Over the past two years, the Malaysian delegation's position has shifted to one of self-proclaimed "neutrality" to outright hostility against the special rapporteur, Stothard claimed.
The UN Human Rights Commission meets every year in Geneva for six weeks and has powers to sanction member countries whose human rights records are not in line with international norms.


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