Step down as Malaysia’s human rights rep, groups tell Umno lawyer Shafee

Umno lawyer Tan Sri Muhammad Shafee Abdullah is Malaysia’s representative for the Asean Inter-governmental Commission for Human Rights. His selection has been criticised by civil movement groups because he is acting as counsel in an appeal case against Muslim transgenders. – The Malaysian Insider file pic, December 24, 2014.

Civil society groups want Tan Sri Muhammad Shafee Abdullah to step down as Malaysia’s representative for the Asean Inter-governmental Commission for Human Rights (AIHCR), in light of his role in a court case involving Muslim transgenders.

They told The Malaysian Insider that by acting as counsel for the Negri Sembilan government in its appeal against Muslim transgenders for cross-dressing, the Umno lawyer was violating human rights and could no longer claim to represent Malaysia in the commission.

“My view is that Shafee has consistently violated the basic fundamental proposition of human rights that he should be advocating,” said Phil Robertson, deputy director of Human Rights Watch’s Asia Division.

Robertson said the case of the transgenders was the last straw, noting that Shafee had previously acted as a prosecutor in the “politically motivated” sodomy trial of Datuk Seri Anwar Ibrahim.

In 2011, Shafee had also represented Universiti Kebangsaan Malaysia (UKM) in a suit brought against the university by three students, who sought to challenge the Universities and University Colleges Act (UUCA), said Robertson.

“In American baseball, its three strikes and you’re out. And he has had his three strikes. His actions are bringing shame on the commission.

“He should recognise its time for him to leave AIHCR, or the government should take it upon itself to remove him,” said Robertson.

Shafee was nominated by Malaysia’s Foreign Affairs Ministry in 2009 as Malaysia’s representative in the commission, and will serve until the end of 2015.

Although his appointment was approved by Prime Minister Datuk Seri Najib Razak, civil society groups had at that time cried foul over the lack of transparency in the selection process.

Yap Swee Seng, the executive director of local human rights group Suaram, told The Malaysian Insider that there was a clear conflict now between Shafee’s duty as commissioner of human rights and his role in seemingly preventing the transgenders from enjoying their own rights.

“If he is going to act as a commissioner, he should be playing the role of the human rights defender. By acting for the government, I think that he is acting against the rights of the transgenders.

“I think he should choose whether he wants to be the commissioner or the lawyer who represents the government in the case. You cannot do both,” said Yap.

As the counsel for the Negri Sembilan government, Shafee will obtain leave to appeal against an appellate court’s ruling which held as unconstitutional the state’s Shariah enactment that punishes transgenders for cross-dressing.

On November 7, judge Datuk Mohd Hishamudin Mohd Yunus, who led the appellate court's three-member bench, held that Muslim transgender males have the right to cross-dress and the state religious authorities had failed to prove Islam's position on how those who suffered from gender identity disorder (GID) should dress.

According to court papers, the litigants were make-up artists who were arrested for dressing as women and had suffered deep-seated discrimination, harassment and even violence because of their gender identity disorder.

Michelle Yesudas, legal coordinator with Lawyers for Liberty (LFL), said Shafee was helping the Negri Sembilan government fight against international norms on gender expression and personal autonomy.

“He should take his role in the commission seriously and do it properly, if not, just step down. If he really wants to pursue this case, he should stop calling himself a human rights defender.

“I highly doubt he is capable of contributing in the international sphere if he cannot even do it at home,” said Yesudas.

However, lawyer Andrew Khoo, who heads the Malaysian Bar Council’s Human Rights Committee, disagreed with the civil society groups, saying that Shafee was acting in his professional capacity by representing the government in the court case.

“A lawyer should not be identified by the cause of his client. Just because Shafee is representing the Negri Sembilan government, it does not automatically mean that he agrees with its position,” said Khoo.

He added that since Shafee had been appointed by the government in AIHCR, the Umno lawyer should not be considered as representing the views of any human rights body in Malaysia.

“Shafee’s position as the representative in AICHR is as the representative of the government, since he was government-appointed. He does not represent civil society. And he does not necessarily represent the views of any human rights bodies.”

When contacted, Shafee told The Malaysian Insider he would respond to the criticism later in a statement.

- TMI