Aktiviti Anti ISA

Perhimpunan MANSUH

Tarikh: 1 Ogos 2009

Tempat: Kuala Lumpur

Masa: 2 petang

Untuk mendapatkan maklumat terbaru, sila kunjungi laman: http://himpunanmansuhisa.wordpress.com/

Kepada kawan-kawan dari Pulau Pinang yang ingin pergi, sila hubungi Lau Shu Shi - 012-8756179 atau suarampg@gmail.com

GMI Penang juga menjemput para ADUN di Pulau Pinang supaya menghantar wakil dari DUN mereka untuk menyokong Perhimpunan MANSUH ini. Diharapkan anda dapat mengingatkan ADUN anda mengenai perhimpunan ini.

Anda juga boleh membantu dengan:

- mengedar risalah di kawasan anda. Risalah boleh didapati dari Pejabat SUARAM 63B-01-07, Universiti Heights, Jalan Sungai Dua, 11700 Penang atau download dari website SUARAM Klik SINI

- menyeru supaya ADUN anda memberi sokongan dengan menghantar wakil dari DUN mereka

- atau menjemput kawan-kawan anda untuk hadir ke aktiviti yang bermakna ini.

Democratization: 10 KPIs for Najib’s next 100 days

Democratization: 10 KPIs for Najib’s next 100 days

Introduction

July 11th marks the first 100 days of Najib’s premiership. Will his 100-day performance serve as an indicator for how our country is likely to be governed for the next four years, or was it all a big public relations exercise? The next 100 days is just as critical and we, civil society organisations (CSOs), want to throw the gauntlet down to Najib to extend his program of reform to all aspects of life in the country, especially in the critical sphere of good governance.

First of all, we laud the various measures of economic reform announced lately by the Government. While these bold measures will help liberalize our economy to meet the challenge of globalization, the structural roots of economic stagnation – namely, ethno-nationalism, cronyism, corruption and power abuse – are the major constraints and must be addressed if the country is to make any headway. At the same time, other economic reforms to close the income and wealth gap between the rich and the poor, and reforms aimed at ensuring environmental sustainability that do not deprive future generations also need urgent attention.

Most important of all is the need for reforms that can ensure good governance. If the government insists on maintaining the current authoritarian system of political control, the economic liberalization and other reforms will be seen for what it is - a thinly veiled attempt aimed at ensuring that the present political elite stays in power.

For the next 100 days of Najib’s leadership of the country, we call on the Prime Minister to meet the following 10 Key Performance Indicators (KPIs) that can deepen the process of democratization. We also call upon Tan Sri Dr Koh Tsu Koon, the Minister in the Prime Minister's Department, and all Malaysians who are concerned with the establishment of a vibrant democratic system, to join us in endorsing and monitoring the attainment of these KPIs.

10 Key KPIs for the Next 100 Days

1 Perak Constitutional Crisis
Assessment – deepening crisis which threatens the future of our democratic way of life
Explanation – A host of unelected institutions – palace, judiciary, Attorney General's Chambers, Elections Commission, police, bureaucracy, Malaysian Anti-Corruption Commission – have been dragged into this unconstitutional regime change. If this precedent is not reversed, what would happen during future elections if neither BN nor Pakatan Rakyat enjoys a comfortable majority?
KPI: Fresh elections for the State of Perak.

2 Electoral System and Process
Assessment – still neither free nor fair
Explanation – Elections lacking integrity and credibility are a denial of our citizens’ democratic right. They also reduce the competitiveness of electoral politics and also deprive the winner of legitimacy. If unreformed, they could lead to political upheavals as has taken place in Iran and Thailand, recently
KPI: A Royal Commission on Electoral Reform before the next Constituency Redelineation exercise.

3 The Judiciary and the Prosecution
Assessment – still controlled by the executive
Explanation – The Judicial Appointment Commission is controlled by the Prime Minister, making the recent reform a farce. Judicial Power in the pre-1998 Article 121(1) of the Federal Constitution has still not been restored. The Attorney General (AG) both controls the prosecution and advises the federal government, resulting in a fatal conflict of interest. The AG also controls both deputy public prosecutors and lower court judges.
KPI: A Parliamentary Select Committee on Judiciary and Prosecution Reform

4 The Parliament
Assessment – still controlled by the executive
Explanation – There is no sharing of legislative leadership at both the house and committee levels. Opposition parliamentarians are thrown out almost on daily basis. There is no provision for the role of Opposition’s Shadow Cabinet.
KPI: A Royal Commission on Parliamentary Reform

5 Internal Security Act (ISA)
Assessment – terrorizing innocent Malaysians who differ in their political opinions from the BN
Explanation – Allowing detention without trial and other violations of human rights is unacceptable to any civilized society.
KPI: The repeal of ISA, with no new laws allowing detention without trial

6 The Police
Assessment – still violating human rights
Explanation – The police still arrest innocent citizens without clear justification. Detainees continue to die in police custody due to unacceptable reasons. At the same time, crime rates have soared higher.
KPI: Implement the Independent Police Complaints and Misconduct Commission (IPCMC)

7 The Media
Assessment – still suffering from political control
Explanation – The media remains tightly controlled via laws and regulations curbing free speech and restricting dissenting views. Secondly, entry barrier in the print and broadcast media has resulted in monopolistic control by BN interests. There is no independent public service media like the British Broadcasting Corporation (BBC).
KPI: A Parliamentary Select Committee on Media Law Reform

8 Freedom of Information (FOI)
Assessment – still denied
Explanation – Information vital for public interests is normally classified under the Official Secrets Act (OSA). This has hindered transparency and accountability and also resulted in widespread opportunities for corruption and mismanagement. While Selangor is initiating its own FOI law, nothing is happening at the federal level or other state.
KPI: FOI laws at both the Federal and State levels

9 Local Governments
Assessment – still unelected and unaccountable, largely unresponsive and incompetent
Explanation – No representation without taxation. Local governments should not be the appointed hand maidens of the government in power and must be elected to have any political legitimacy.
KPI: Local Government Elections nationwide.

10 The Malaysian Anti-Corruption Commission (MACC)
Assessment – practicing selective investigations, still impotent in fight against corruption
Explanation – Like its predecessor the Anti-Corruption Agency (ACA), MACC is still controlled by the Executive and has no independent power to prosecute. Hence, it remains the tool of the Executive to eliminate political opponents rather than is an independent institution that is truly combating corruption.
KPI: Amendment of the MACC Act to increase MACC’s autonomy under optimum parliamentary oversight.
Conclusion

Thomas Jefferson, a founding father of the United States, divided leaders into two types: those who do not trust the people and believe they know best; and those who believe that the people are the government’s best guide to pubic interest.

Najib should recognize that political and economic freedoms go hand-in-hand. Economic reform willl not work if there is a coercive political environment built on the suppression and denial of the citizens’ democratic rights.

We hope that Najib will implement the proposed KPIs above and in this way leave the right legacy for the country. Only through his commitment to a genuine and holistic reform programme that includes democratisation will our PM be able to earn the full respect and support of the people and leave his mark on Malaysian history.


Initiated by :

Liau Kok Fah, Chairperson, Civil Right Committee , Kuala Lumpur and Selangor Chinese Assembly Hall (CRC-KLSCAH)
Gayathry Venkiteswaran, Executive Director, Centre for Independent Journalism (CIJ)
Dr Lim Teck Ghee, Executive Director, Centre for Policy Initiatives (CPI)
Andrew Khoo, Convener, Civil Society Initiative for Parliamentary Reform (CSI@Parliament)
K, Arumugam, Coordinator, Group of Concerned Citizens (GCC)
Maria Chin Abdullah, Executive Director, Pusat Janadaya (Empower)
Zaid Kamaruddin, President, Jamaah Islah Malaysia (JIM)
Haris Ibrahim, Convener, People’s Parliament
Tah Moon Hui, Coordinator, Suara Rakyat Malaysia (Suaram)
Wong Chin Huat, Chairperson, Writer Alliance for Media Independence (WAMI)


Issued by:
Gayathry Venkiteswaran
ED, Centre for Independent Journalism
Contact: 019-7257970 / 03-40249840

Asian NGOs Demand Full Compliance of the SUHAKAM Amendment Bill with the Paris Principles

The Asian NGOs Network for National Human Rights Institutions (ANNI) has called on the Malaysian government to comply fully with the Paris Principles following the tabling of the Human Rights Commission of Malaysia (SUHAKAM) (Amendments) Bill 2009. The Bill was read for the first time in the Malaysian Parliament on 22 June 2009.

Failure to comply with the Paris Principles, according to ANNI, may risk SUHAKAM being downgraded from A status to B by the International Coordinating Committee on National Human Rights Institutions (ICC), the international governing body of national human rights institutions. The bill is expected to be tabled for the second reading today, 1 July 2009.

The ANNI warned that if downgraded, SUHAKAM may lose its privilege such as not being able to fully participate in the United Nations Human Rights Council (UNHRC) and also risk losing its full membership at the Asia Pacific Forum for National Human Rights Institutions (APF).

The Paris Principles sets out the international standards that should be adhered to in order to ensure the independence and effectiveness of national human rights institutions (NHRIs)

Although the ANNI said it recognizes the efforts of the Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz, for tabling the amendment bill, the proposed amendments are still far too short of the Paris Principles. ANNI believes that the amendments do not address the recommendations of the ICC.

In April 2008, the ICC had given SUHAKAM a one-year notice to improve its compliance with the Paris Principles or risk being downgraded from an ‘A’ to ‘B’ status. It later deferred SUHAKAM’s review for another six months in March 2009 after the Parliament hastily passed an amendment bill a day before SUHAKAM was to be reviewed. According to the ICC Sub-Committee on Accreditation (SCA), many of its concerns raised in April 2008 were still not addressed, particularly on the appointment process.

The ANNI would like to remind the Malaysian government and the Parliament that the ICC SCA has recommended that the selection process should be more transparent “through a requirement for broad based participation in the nomination, review, and selection of Commissioners. The SCA notes that this process may be further strengthen through inclusion and participation of civil society”.

The current amendment bill makes only minor and minimal changes to the previous amendments passed in the Lower House of Parliament in March 2009. The only amendments proposed under the current bill are:

1. that the members of the Commission will now be appointed by the King of Malaysia on the advice of the Prime Minister, who in turn, unlike before, will now consult with a proposed committee under the amendment bill consisting of the Chief Secretary of the Government as the Chairman, the Chairman of the Commission and three other members appointed from amongst civil society by the Prime Minister; and
2. the omission of the provision in the March 2009 amendments which stated that the opinion, view or recommendation of the committee upon consultation by the Prime Minister will not be binding on the Prime Minister.

The ANNI is concerned that the appointment of civil society representatives in this process will not be truly transparent.

“While acknowledging the inclusion of members of civil society in the advisory committee, we are nevertheless still concerned that there is no provision to ensure civil society’s full and transparent participation in the process and that genuine civil society representatives will be appointed instead of representative of government organized NGOs,” said Emerlynne Gil, the coordinator of ANNI.

“Furthermore, the current bill of amendments only addresses one of the several concerns raised by the ICC. Other concerns of the ICC, such as those regarding the transparency of performance indicators for Commissioners as well as SUHAKAM’s role in encouraging ratification of international human rights treaties, are ignored in the current bill,” added Gil, who is also Programme Manager of the Human Rights Defenders programme in the Asian Forum for Human Rights and Development (FORUM-ASIA) based in Bangkok, Thailand.

It is in this light that the ANNI extends its support for the other amendment proposal submitted today to the Parliamentary Office of the Minister in the Prime Minister's Department and the office of the Opposition Leader in Parliament, by ANNI members, Suara Rakyat Malaysia (SUARAM) and the Education and Research Association for Consumer (ERA Consumer).

The ANNI, together with SUARAM and ERA Consumer called for the advisory committee’s composition as well as procedures to be changed to guarantee transparency and public participation.

“We urge that the amendment proposal includes consultation with non-governmental organisations, international bodies and individual members of the public with expertise on human rights which shall include a process for a public nomination of candidates and make recommendations to the Parliament,” said ANNI in a statement issued today.

The Advisory Committee should consist of the Prime Minister as the Chairman; the Minister in charge of human rights; the Chairman of the Commission; the leader of the Opposition in the House of Representatives; and three other members who are appointed by the Parliament from among people with the understanding of human rights. They should not be appointed by the Prime Minister as indicated in the current amendment bill in order to ensure wide and transparent consultations, added ANNI.

Furthermore, ANNI urged the government to also address other longstanding concerns of civil society with regard to the Commission’s independence and effectives, such as enabling law of SUHAKAM be amended to ensure that all Commissioners are in office full time as compared to the part time basis now.

ANNI also proposed that the Commission be placed under the Parliament instead of the Prime Minister’s office in order for it to be truly independent from the executive.

“As the current bill still does not fully address SUHAKAM’s lack of compliance with the Paris Principles, we urge the government to withdraw its bill and seriously consider the proposals made by SUARAM and ERA Consumer. We caution that the amendments under the current bill might not be sufficient to prevent SUHAKAM from being downgraded,” stressed ANNI.

ANNI is a coalition of 27 Asian NGOs that monitors the performance of national human rights institutions in Asia.

For further inquiries, please contact:

Emerlynne Gil, Programme Manager, Human Rights Defender Programme, FORUM-ASIA at +66 (0)2 6532940 or email: em@forum-asia.org; or John Liu, Coordinator, SUARAM at +60377843525 or email: suaram@suaram.net.

Proposals by Human Rights NGOs for Amendments to the Human Rights Commission of Malaysia Act

SUARA RAKYAT MALAYSIA

Address: 433A, Jalan 5/46, Gasing Indah, 46000 Petaling Jaya, Selangor, Malaysia.

Telephone: +6 03 7784 3525 Fax: +6 03 7784 3526

Email: suaram@suaram.net Web: www.suaram.net

1 July 2009

Datuk Seri Mohamed Nazri Abdul Aziz

Minister in the Prime Minister’s Department

15^th Floor, Parliament, Jalan Parlimen, 50680, Kuala Lumpur

Fax: 03-20781719

Re: Proposals by Human Rights NGOs for Amendments to the Human Rights Commission of Malaysia Act

Dear Sir,

We are writing to you to express our concerns over the Human Rights Commission of Malaysia (Amendments) Bill 2009 which was tabled for the first reading on 22 June 2009. We are of the view that these amendments are inadequate to ensure better compliance of the Human Rights Commission of Malaysia (SUHAKAM) with the Paris Principles.

We, Suara Rakyat Malaysia (SUARAM) and Education and Research Association for Consumers Malaysia (ERA Consumer) – two Malaysian human rights NGOs, therefore propose a set of amendments to the Human Rights Commission of Malaysia Act 1999 (Act 597) in the document attached to this letter.

Dear Sir,

In March 2009, following up with its earlier recommendations of April 2008, the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC) once again found that further improvements need to be made to Act 597. The following recommendations were made by the ICC:

1. Although the appointment process has been strengthened by the recent legislative amendments, the ICC Sub-Committee on Accreditation expresses its disappointment that the amendments do not make the process more transparent through a requirement for broad based participation in the nomination, review, and selection of Commissioners. The ICC Sub-Committee on Accreditation notes that this process may be further strengthened through inclusion and participation of civil society.
2. The ICC Sub-Committee on Accreditation expresses its concern with regard to the inclusion of performance indicators, as established by the Prime Minister, used in relation to re-appointment or dismissal decisions. While acknowledging the value of such indicators in making clear the expectations of Commissioners, it stresses that such requirements must be clearly established; appropriately circumscribed, so as not to interfere in the independence of members; and made public.
3. While acknowledging SUHAKAM’s interaction with the International Human Rights System, the ICC Sub-Committee on Accreditation stresses the need for SUHAKAM to continue to promote ratification and implementation of international human rights instruments.

We would like to point out that the Human Rights Commission of Malaysia (Amendments) Bill 2009 addresses only the issue of appointment of Commissioners. The issue of appointment process is merely one of the several latest recommendations made by the ICC in March 2009.

Further, we are of the view that the proposed amendments to Section 11A in the Human Rights Commission of Malaysia (Amendments) Bill 2009 could further be strengthened by ensuring a wide and transparent consultation with civil society in the process. This is not reflected in the latest bill of amendments. It is thus inadequate in addressing all the concerns raised by the ICC.

We therefore propose the following:

1. Concerns with regard to SUHAKAM’s appointment process

With regard to the concerns relating to SUHAKAM’s appointment process, we propose amendments to Section 5(2) to that the process is more transparent and inclusive. We propose the following amendments in bold:

Amendment to Section 5(2)

Members of the Commission shall be appointed by the Yang di-Pertuan Agong, on the recommendation of the Parliament from the list of candidates recommended by the committee referred to in section 11A.

Amendments to Section 11A

11A. (1) For the purpose of section 5, there is established a committee consisting of the following persons:

(a) The Prime Minister who shall be the Chairman;

(b) The Minister in charge of human rights;

(c) The Chairman of the Commission;

(d) The leader of the Opposition in the House of Representatives; and

(e) Three other members, to be appointed by Parliament from amongst persons who have special knowledge, experience, expertise and professionalism in matters relating to human rights, law, public or social services.

Insertion of Subsection 6 under Section 11A

Under Section 11A, we propose the insertion of the following Subsection 6 to ensure a greater level of inclusion and participation of civil society in the appointment process of SUHAKAM commissioners:

(6) The Committee shall –

(a) upon wide and transparent consultation with non-governmental organisations, international bodies and individual members of the public who are involved in promoting human rights which shall include a process for public nomination of candidates, recommend to Parliament the men and women who shall be appointed as Commissioners;

(b) without affecting the independence of the Commission, advise the Commission in relation to the performance of their functions and duties under this Act.

2. Concerns with regard to the inclusion of performance indicators

In view of the ICC’s second concern with regard to the inclusion of performance indicators, we propose that Section 5(5) and (6) be amended. We propose the following amendments in bold:

Amendments to Section 5(5) and (6)

(5) The Parliament shall determine suitable mechanisms, including appropriate key performance indicators, which shall be made public, to assess the performance of the members of the Commission in carrying out their functions and duties under this Act.

(6) Such assessment shall be taken into consideration by Parliament in recommending (a) the reappointment of any member of the Commission under subsection (4); and

(b) the removal of any member of the Commission under section 10.

3. Concerns with regard to SUHAKAM’s work in promoting ratification and implementation of international human rights instruments

Since the publication of its first annual report in 2001, SUHAKAM has been making recommendations to the government to ratify all core international human rights treaties. However, these recommendations has, to date, not been acted upon by the government. This has resulted in the ICC’s concerns with regard to SUHAKAM’s work in this area.

We therefore propose that Section 21 of Act 597 be amended to ensure better implementation and follow-ups on SUHAKAM’s recommendations. The following are our proposed amendments in bold:

Amendments to Section 21

21. (1) The Commission shall not later than the first meeting of Parliament of the following year, submit an annual report to Parliament of all its activities during the year to which the report relates for debate.

(2) The report shall contain a list of all matters referred to it, and the action taken in respect of them together with the recommendations of the Commission in respect of each matter and shall be made available to the public.

(3) The Commission may, whenever it considers it necessary to do so, submit special reports to Parliament in respect of any particular matter or matters refereed to it, and the action taken in respect thereof.

(4) The Minister shall cause a copy of every report furnished to the Minister under this Part to be laid before each House of Parliament within 15 sitting days of that House after the report is received by the Minister.

(5) Parliament shall take appropriate and desirable action to give effect to the recommendations of the Commission.

Other areas of concern

Besides these concerns of the ICC, civil society groups have also noted several other areas in the enabling law of SUHAKAM where further improvements can be made. These include:

1. Full-time commissioners

The ICC in a general recommendation in April 2008 had noted, “Members of the NHRIs should include full-time remunerated members […].” We note with utmost concern that SUHAKAM is the only NHRI in the ASEAN region whose commissioners are not full-time. We therefore propose the following amendments in bold:

Amendment to Section 5(1)

5. (1) The Commission shall consist of not more than twenty members who shall hold such office full-time.

2. Wider mandate and powers

Civil society groups have also expressed concerns over the lack of powers and mandate given to SUHAKAM. We also note that during the Universal Periodic Review (UPR) on Malaysia by the UN Human Rights Council in February 2009, recommendations were made by several countries for the Malaysian government to provide SUHAKAM with wider mandate and powers. In view of these, we propose the following amendments in bold:

Amendment to Section 2

"human rights" refers to fundamental liberties as enshrined in the Federal Constitution, rights embodied in the International Covenants, Conventions and Treaties to which Malaysia is a party and customary international law.

Amendment to Section 4(1)(b)

(b) to advise and assist the Government in formulating legislation and administrative directives and procedures and recommend the necessary measures to be taken and to this extent, a copy of the relevant legislation or administrative directives or proposed legislation or administrative directives shall be made available to the Commission promptly on its request by the relevant Minister, Menteri Besar or Chief Minister.

Insertion of Paragraph (ba) under Section 4(1)

(ba) to monitor Government compliance with human rights, to monitor and review the laws and its implementation for the purposes of identifying contraventions of this Act and to advise the Minister responsible for administering that provision or Act as soon as practicable.

Amendment to Section 4(3)

(3) The visit by the Commission to any place of detention under paragraph (2)(d) may be made without notice and shall not be refused by the person in charge of such place of detention.

Insertion of Subsection 3A under Section 4

(3A) In discharging its functions, the Commission shall act in a way which it considers most appropriate with a view to promoting human rights in general terms and in relation to particular cases

and having regard to –

(i) The Federal Constitution;

(ii) the international obligations of Malaysia in the field of human rights;

(iii) public interest; and

(iv) independence of the Commission.

Amendment to Section 4(4)

(4) This Act, shall be construed in accordance with the provisions of the Universal Declaration of Human Rights 1948, International Covenants, Conventions and Treaties to which Malaysia is a party and customary international law to the extent that it is not inconsistent with the Federal Constitution.

These are but some of our proposals for amendments to Act 597. (We attach with this letter the full proposal for amendments to Act 597.)

With these proposals, we urge the government to withdraw the Human Rights Commission of Malaysia (Amendments) Bill 2009 which was tabled in the Lower House of Parliament on 22 June 2009, as the bill once again does not fully address the concerns of the ICC. Should the ICC find the amendments inadequate, SUHAKAM will most definitely be downgraded to ‘B’ status – a serious blow to Malaysia’s standing in the international human rights community.

We would like to remind you that in Malaysia’s Aide-Memoire on its candidature to the UN Human Rights Council in 2006, the government unequivocally stated that its commitment to human rights is demonstrated by the establishment of SUHAKAM. This was reiterated in the Malaysian government’s report to the UN Human Rights Council for the UPR in 2009.

We hope that the government will seriously take into consideration these proposals to ensure that SUHAKAM does not get downgraded by the ICC and to uphold Malaysia’s commitment to the protection and promotion of human rights.

We thank you for your attention.

Yours truly,

John Liu

Coordinator

SUARAM

For further information, please contact John Liu of SUARAM by telephone at +60377843525 or +60377835724, fax at +60377843526, or email at suaram@suaram.net.

CC:

1. Leader of the Opposition

Office of Leader of the Opposition

14th Floor, Parliament, Jalan Parlimen, 50680 Kuala Lumpur

Fax: 03-26932529

2. Chairman of SUHAKAM

SUHAKAM

Level 29, Menara Tun Razak, Jalan Raja Laut, 50350 Kuala Lumpur

Fax: 03-26125620