No rush, govt says on ratifying UN treaty against torture

Deputy Minister in the Prime Minister’s Department Mohamed Hanipa Maidin says many people believe human rights are a ‘Western’ creation.

KUALA LUMPUR: The government today said it will not rush into ratifying an international human rights treaty against torture as there are many issues to take into consideration.

Deputy Minister in the Prime Minister’s Department Mohamed Hanipa Maidin also said more public engagement is needed on the United Nations’ Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Uncat).

“We are aware of issues concerning the compatibility of domestic laws, both civil and shariah, with Uncat provisions, particularly the implementation of corporal and capital punishments to deter crimes which require a review of the relevant laws,” he said after launching the regional dialogue on Malaysia’s Accession to Uncat organised by the Human Rights Commission of Malaysia (Suhakam) and the European Union here.

“Personally, I have no objection to ratifying it, but it will require a Cabinet decision,” he said, adding that the government does not want to rush into ratifying Uncat as it had done with the International Convention on the Elimination of All Forms of Racial Discrimination or ICERD.

He also said the government is seeking to put into place an effective monitoring mechanism and safeguards for the prevention of torture.

He said many people believed human rights are a “Western” creation.

“We have a lot of challenges to look into, including convincing the people, especially in rural areas, before this statute is passed.”

In November last year, the government U-turned on its decision to ratify ICERD after its initial announcement resulted in protests.

Critics said ratifying the treaty would undermine the special position of the Malays, including provisions to allow quotas in public institutions, as spelt out in Article 153 of the Federal Constitution.

They also opposed the ICERD’s timeline on member countries to end affirmative action programmes, which they said would be the death knell for Malaysia’s decades-old Bumiputera policy.

Hanipa said shariah punishments such as caning are against Western human rights values although for Muslims, they are part of the Quran’s teachings.

He said the government would have to continue engaging with the people on such matters.

“We recognise that our country is in need of a gradual improvement towards joining the other 172 state parties and signatories to Uncat, which aims to uphold the dignity of all individuals and their fundamental right to life and liberty, as enshrined in both Article 3 of the 1948 Universal Declaration of Human Rights and Article 5 of the Federal Constitution.”

He said Malaysia should no longer be among the 25 member states that have yet to accede to the convention.

Meanwhile, Suhakam chairman Othman Hashim said some agencies see the need to ensure full compliance of domestic legislation with Uncat before Malaysia signs the treaty.

“This is because of existing legal provisions under shariah and civil laws that allow for corporal and capital punishments.

“We acknowledge the government’s concern over this matter and would like to state that there is no perfect solution for Malaysia’s accession to the convention,” he said.

However, he said this should not be perceived as an obstacle, but rather as an entry point for gradual improvement in prohibiting acts of torture and ill-treatment in the country.

Uncat has been ratified by 166 UN member states including Indonesia, Thailand, the Philippines, Vietnam, Laos, Cambodia and Timor Leste. - FMT