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NGO concerned over new Suhakam members, warns against absolute freedom
Published:  Jun 22, 2016 5:08 PM
Updated: 9:28 AM

The Centre for Human Rights Research and Advocacy (Centhra) expressed "serious concern" over the suitability of some members appointed to the Malaysian Human Rights Commission (Suhakam).

Centhra chief executive Azril Mohd Amin said he hoped the new Suhakam leadership would not only look at human rights through a Western lens.

"We have serious concerns on the suitability and ability of some of the commissioners, who do not, in our view, have the ability nor capability, to effectively represent the valid religious and ethnic concerns of various communities of differing faiths and disparate ways of life present within Malaysia.

"Commissioners must also have extensive knowledge of local as well as global issues affecting human rights, which we at Centhra do not believe this present composition of commissioners possess," he said in a statement today.

He reminded the commissioners that in the exercise of their duties, they shall have regard to the Universal Declaration of Human Rights only to the extent that it did not contradicted the federal constitution.

He said this included the position of Islam as the religion of the federation (Article 3(1)), citizenship based on the social contract (Part III), Malay as the national language (Article 152), the special position of Malays and legitimate interest of other communities (Article 153) and the prerogatives, sovereignty and jurisdiction of the Malay rulers (Article 181).

"Centhra also expects that human rights matters will not be looked at by the commissioners primarily through a Western absolutist sense, but in a way that takes into account the letter as well as spirit of our Federal Constitution and our status as an Asian as well as Muslim majority nation," he said.

'Freedom has its limitations'

He added that freedoms under the federal constitutions come with limitations.

"Centhra reminds the commissioners that freedom of religion is not an absolute right in Malaysia, as Article 11(4) restricts the propagation of non-Islamic creeds towards Muslims.

"Equality is also subordinate to any discrimination authorised by the federal constitution, as the wording of Article 8(2) thereof makes clear.

"Further, freedom of speech, assembly and association are subject to due limitations taking into account the necessity of public order to ensure racial and religious harmony prevails to create the peaceful conditions necessary to sustain our national economy.

"These limitations of human rights must not be viewed as a handicap, but rather an affirmation that the collective good, a right as any other, trumps individualist views on human rights," he said.

As such, he stressed that any human rights solution must be in compliance with the federal constitution.

He also urged the new commission members to address other areas of human rights in the country such as consumer and employees' rights which he claimed the previous commission had neglected.

Yesterday, Razali Ismail was announced as the new chairperson of Suhakam.

The other seven other members are Aishah Bidin, Francis Johen Adam, Mah Weng Kwai, Godfrey Gregory Joitol, Nik Salida Suhaila Nik Salleh, Jerald Joseph and Lok Yim Pheng.

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