Suhakam chief: 'Local context' human rights in line with Constitution

 

Suhakam will remain at the forefront of upholding human rights principles so long as they are consistent with provisions under the Federal Constitution, said the commission’s chief commissioner Rahmat Mohamad.

Rahmat, who just completed his first year in office, said from the get-go, he emphasised the commission’s role to uphold human rights in a “local context” as provided for in the Suhakam Act 1999.

“But I may have failed in elaborating what is the local context,” he admitted in an interview with Malaysiakini.

“It is a balancing act that we have to play.

“While we embrace the Universal Declaration of Human Rights, and the Sustainable Development Goals, at the same time, as far as Malaysia is concerned, the Suhakam Act itself states that ‘so long as it is consistent with the Federal Constitution’,” he said.

The former law professor argued that various provisions related to human rights under the Federal Constitution are subject to legal exceptions, and so Suhakam’s direction would also be in line with the fact.

In the past, Rahmat’s appointment as Suhakam chief commissioner received brickbats from civil societies concerned about his role in convincing the Conference of Rulers to reject the Rome Statute.

The Rome Statute, a treaty by the International Criminal Court, focuses on genocide, crimes against humanity, war crimes, and the crime of aggression.

‘Malaysia not ready’

Rahmat also maintained that Malaysia at the time was not ready to sign the treaty, and since then, little effort was made by elected lawmakers to explain to their constituents the impact of such agreements.

“When the government wants to ratify any treaties or conventions related to human rights, there are fundamental issues which must first be done,” he said, adding that this includes preparing the people for any long-term impact.

On the Rome Statute, Rahmat said he proposed that Malaysia draft its own law in the same spirit but without involving “sensitive issues” such as royal immunity.

Addressing concerns that adopting a Malaysian context may sideline vulnerable groups, particularly the LGBTQ+n community, Rahmat denied it, stressing “human rights is human rights”.

“That means if the human rights of any Malaysian is being infringed, Suhakam will be at the forefront.

“There is no question of certain groups being marginalised, no!” said Rahmat, who was quick to add he also has other pressing concerns regarding Suhakam’s focus.

Specifically, Rahmat cited issues surrounding poverty eradication efforts - the first of 17 UN Sustainable Development Goals (SDGs).

He said this is on top of Malaysia’s efforts towards other SDGs, including the right to clean air and the environment.

“Malaysia has committed to enforcing the SDGs... But it looks like not much action was taken when these are human rights, right?

“So I don’t want us to be clouded with so many (other) issues that hold us back from moving forward. I have been given the mandate until 2025, and I would like to continue,” he said.

Rahmat said Suhakam’s immediate priorities include looking at issues surrounding stateless children and assisting the government in developing categorisations for refugees.

“These are some issues where I feel I am overwhelmed, (so) I do not want to be disturbed by all these personal issues,” Rahmat added amid pressure for him to take garden leave pending a probe against him concerning allegations of power abuse and racism.

Probe on Rahmat

In the interview at the Suhakam headquarters on June 27, Rahmat also declared that he has “nothing to hide” and is prepared to be investigated by the Prime Minister’s Department’s Legal Affairs Division (BHHEU).

This was after Suhakam said it would refer the complaints against Rahmat and other complaints on “internal activities” that did not implicate him to the BHHEU for “advice and direction”.

This is to ensure the inquiry remains “transparent and independent”.

In a statement today, the Asian NGO Network and Suaram once again reiterated calls for Rahmat to take garden leave pending the outcome of the inquiry.

The groups also urged Suhakam to provide timely updates on the inquiry’s progress and be transparent about the identity and credentials of the external body tasked to carry out the probe. - Mkini