Need for a Suhakam report card
We agree with Anuar Zainal Abidin, the former chief judge of Malaya and a member of the Suhakam, that the definition given in the Human Rights Commission Act that "human rights refers to fundamental liberties as enshrined in Part II of the Federal Constitution" is inadequate and restrictive. [See "[#1] Human rights cannot be restricted[/#] "]
This is very true if we compared it to Resolution 48/134 of Dec 20, 1992 (also known as the Paris Principles) of the United Nations General Assembly. Following the UN resolution is not following blindly the Western nations. It is but following a "consensus" arrived by the civilised and responsible nations of the world.
We agree with the defacto law minister, Rais Yatim, that we now have a Human Rights Commission, which we did not have previously. However, we are not sure if it is for the better. While welcoming the establishment of the commission, there is also fear.
What are our fears? First, we are afraid that the commission may become a public relations tool of the state and an excuse to placate public opinion.
The second fear is that the commission could be manipulated as a convenience to weaken and neutralise the growing demand for greater human rights. The third fear is that the commission can be used to legitimise the might of the state against the right of the citizens. These fears and apprehensions cannot be dismissed lightly.
However, we recognise the reality that we live in a less than perfect world. The civilisational struggle of the past and future is to correct the imperfections and move towards a more perfect world.
The endeavour to secure human rights is not a destination. It is a never-ending qualitative growth and social maturity process of human societies for greater balance, justice, equity and peace. Seen in this context, the new Human Rights Commission opens up a more definite road for citizens to claim and secure greater human rights.
Undeniably the setting up of the commission is historical. All Malaysians must welcome this development. In welcoming the establishment of the commission, the process brings out certain expectations.
Many of us expect the commission to help: first to redress the deteriorating human rights situation in Malaysia; second, to reform the existing situation to create opportunity and space to enable citizens to reclaim their rights and enforce their compliance.
It is the "3R" expectations - to redress, reclaim and reform - that is the challenge for the commission. The commission must move beyond the restrictions. It has to be innovative and creative to move beyond the restrictions in their work.
In a short period of one month, the commission has done well to move ahead despite "squatting" in the Ministry of Foreign Affairs without full-time staff and facilities.
The challenge for the citizens and civil society organisations is to exercise their social responsibility to do three things. First, to monitor and audit the work of the commission. There is a need for civil society organisations while supporting the work of the commission to monitor and audit its work.
Second, evaluate the commission's performance and assess the efficacy of its work. Thirdly, a simple but regular "report card" needs to be developed and disseminated widely for public knowledge, support and participation. In other words, citizens must claim the commission as a vehicle of the people, by the people and for the people for human rights.
At this juncture we take the opportunity to recognise and congratulate the Education and Research Association for Consumers (ERA) for its contribution in organising a one-day forum "Understanding Human Rights Commission Act 1999" on May 27 in Kuala Lumpur involving more than 250 people from about 100 civil society and related organisations.
This had three impacts. First, it informed and educated the civil society activists on the recently passed Human Rights Commission Act. Second, it built better understanding and networking relationship between the commission and the civil society organisations to advance the human rights position in Malaysia.
Third, it provided a useful forum to collectively analyse the strengths and weaknesses of the Act and the commission and levelled of understanding and expectations.
The challenge for the government is to give adequate resources, manpower and facilities to the commission to do their work effectively. Here is an opportunity for the government to demonstrate to the nation and to the world the form of governance practised in Malaysia as the vanguard of human rights and democracy.
The government has to provide adequate space and opportunity for the commission to perform its duties without fear or favour and in line with the Universal Declaration of Human Rights. This declaration in essence is the distillation of the philosophy of all the religions of the world. It is also found in our own Rukunegara.
BISHAN SINGH is president of the Sustainable Development Network.

