Dr M nominated for Nobel Prize !

Four non-governmental organisations in Bosnia and Herzegovina have nominated Tun Dr Mahathir Mohamad for the Nobel Peace Prize 2007. Cool ! congrate!

They are the Sarajevo School of Science and Technology, the Congress of Bosnik Intellectuals and two Christian organisations – the Serb Civic Council from Bosnia and Herzegovina and the Croat National Council.

The move to nominate the former Prime Minister was spearheaded by Dr Ejup Ganic, who was Vice-President of Bosnia-Herzegovina from 1990-96 and President of the Federation of Bosnia-Herzegovina until March 2001.

Dr Ganic, currently the Chancellor of the Sarajevo School of Science and Technology, worked closely with Dr Mahathir in the 1990s when Malaysia provided economic, political and humanitarian support to a Bosnia-Herzegovina recovering from the trauma of genocide and ethnic cleansing in the 1992-95 civil war.

Nominations to the Norwegian Nobel Committee closed on Feb 1 and this year’s list includes former US Vice-President Al Gore, Finnish peace broker Martti Ahtisaari and Chinese dissident Rebiya Kadeer.

In a nomination paper signed by Dr Ganic made available to The Star, Dr Mahathir is described as the Third World’s “most illustrious contemporary” and its “most courageous advocate.”

Dr Ganic said that Dr Mahathir had influenced the world by leaving behind lessons on how diversity could be managed, conflicts reconciled and multi ethnicity harnessed to build a vibrant economic and political system.

He also highlighted Dr Mahathir’s “Prosper Thy Neighbour” policy, his enlightened vision of Islam and his work as an ambassador of peace in Iraq-Iran, Bosnia-Herzegovina, southern Thailand, Philippines and Aceh.

Dr Mahathir, 81, who retired from public office in 2003, launched the Kuala Lumpur Initiative to Criminalise War in December 2005 and chairs the Perdana Global Peace Organisation (PGPO) that was set up to implement the initiative.

Incidentally, NST plublished a news :"Human rights: Moving forward, very slowly" today.

AFTER years of calls for a greater commitment to international human rights standards, Malaysian human rights activists may soon see a glimmer of hope on the horizon.

Albeit representing only a fraction of their agenda, it is, nevertheless, a step forward in their fight for Malaysia to join other nations that have signed conventions on basic human rights.

In this respect, the two-year-old Suhakam proposal to the government to ratify the protocol relating to trafficking in women and children, is seeing some action.

Suhakam commissioner Datuk Karam Chand Vohrah has come to understand that the Attorney- General’s chambers will be drafting a comprehensive anti-trafficking law this year.

"That is very laudable," said the former High Court judge who has been campaigning with other members of the Human Rights Commission for a more visible commitment to human rights.

While Vohrah is happy with the development, he and other local human rights activists lament Malaysia’s reluctance to ratify many other human rights conventions.

One of immediate concern is the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.

"Trafficking is a serious problem because not only are women and children trafficked into Malaysia, the country is also used as a transit point.

"We don’t have local laws against trafficking, so persons who traffic women cannot be convicted. Instead, the women are arrested for something they were forced into."

Vohrah said another treaty of concern was the Convention against Torture and other Cruel, Inhuman or Degrading Treatment of Punishment.

"Torture is an offence under our Penal Code, but the definition of ‘torture’ under the convention is wider. It includes ‘severe pain or suffering, whether physical or mental’."

He said that since Malaysia’s record of state practices clearly showed that the country was against torture, it should have ratified the convention a long time ago.

"We satisfy all the requirements of the convention. It’s unfathomable why we haven’t acceded to it yet."

He said Suhakam regularly recommended the ratifications of various conventions to the government, but often felt that they didn’t reach the top ministers.

"We are despondent when we find that the tremendous work put into comes to naught. Most of our reports are left lying idle on tables.

"When we meet with the middle and top level officers, our recommendations are often met with ‘sorry, but our present laws are such-and-such’.

"But you see, the law can be changed. If we want it, we should just do it. Now that we’re part of the council, we should pull up our socks and do something about it.

"We cannot harp on human rights abuses in other countries without putting our own house in order."

Tenaganita director Irene Fernandez is among the most vocal in calls to the government to protect human rights.

She said that Malaysia had only ratified two human rights conventions so far, and the commitment to even those left much to be desired.

There are 34 UN conventions, of which 12 are principle.

Touching on the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) which Malaysia ratified in 1995, she said it took the country nine years to produce its first country report.

Fernandez said another sore point was the rate at which Malaysia had changed its laws to suit the obligations of the two conventions it signed.

When a country ratifies an international convention, it is legally bound to comply with its obligations.

"It’s ridiculous. We pledge to make education available for all but we deny it to foreign kids and refugee children.

"How can you say you are committed to human rights when you discriminate in this manner? And this is so fundamental to any human being."

Although she admitted that no country had a perfect human rights record, she said that even fundamental liberties were not in place.

The only way to make things right, she said, was to ratify outstanding conventions, then make sure that laws and policies were in accordance with its principles.

On Malaysia becoming a member of the United Nations Human Rights Council, she said she had yet to see this reflected on the local human rights front.

"At the end of the day, by accepting to be in the council, we must have proper human rights record. Only then can we provide better leadership."

Suhakam commissioner Datuk Dr Raj Abdul Karim said other countries presented their reports to the UN much faster than Malaysia.

"Suhakam sends its own reports, but unless the government sends a document, the UN does not have an official report on a particular country."

She also referred to the fact that although Malaysia signed the Convention on the Rights of the Child (CRC), it had placed reservations on 10 of its articles.

"I feel we are too cautious when we look at conventions. Other countries don’t have as many reservations as we do."

Syed Hamid defends human rights record

FOREIGN Minister Datuk Seri Syed Hamid Albar defends Malaysia’s human rights record by saying that the nation adhered to the principles governing such matters.

He said that just because a United Nations treaty had not been ratified did not mean that Malaysia did not subscribe to it.

"Take trafficking of women and children, for instance. We may not have ratified the UN convention, but we have signed an Asean agreement against trafficking," said Syed Hamid.

"We are also against all forms of inhumane and unjust acts although we haven’t acceded to the convention against torture. Our present laws already make torture a crime." Syed Hamid, however, admitted the need to ratify more conventions.

"There is a need to do so but before that, we must ensure that it doesn’t affect our sovereign rights in our own country."

When one can’t enjoy life’s simple privileges

WAVING your children off to school, checking your bank balance and going for a stroll around town

People take these for granted, but for 60,000 refugees in Malaysia, the right to do such mundane tasks would be a dream come true.
Until Malaysia signs the 1951 Convention relating to the Status of Refugees, their future remains uncertain, said United Nations Refugee Agency representative Volker Turk.
"Under Malaysian law, you are either legal or illegal. It doesn’t say what the response is if you’re a refugee, trafficked woman or if you’re a humanitarian case," said Turk.
Unlike illegal migrants, refugees cannot be sent back to their homeland because of persecution and conflict. Many are forced to flee without valid documents.
But because of their uncertain legal status, they cannot get jobs or send their children to school here.
The "refugee problem" was not new to Malaysia, said human rights lawyer Amer Hamzah Arshad, citing how Malaysia had granted asylum to Vietnamese refugees and those in the Balkan and Bosnian conflicts.
"Look at the big picture. At a drop of a bomb, we could be refugees ourselves. If a neighbour was beaten by her husband and sought shelter with you, wouldn’t you help her?"


What is the UN Human Rights Council?

It is a body created by UN member states to strengthen the promotion and protection of human rights around the world. It replaced the UN Commission on Human Rights in June last year.

What makes the council different from the commission?

1. Members of the council compete for seats, while members of the commission are elected.

2. Candidates now give voluntary commitments to uphold human rights, and face possible suspension if they do not meet them.

3. To end double standards, the council has a new universal periodic review mechanism which examines the records of all 191 member states.

4. The council meets at least three times a year, unlike the commission that meets once a year.

Who sits on the council?

Malaysia is one of 47 countries elected. Terms last three years.

What does ‘ratification’ mean?

A country is said to ‘ratify’ an international convention when it becomes a party to it.

When this happens, the country is legally bound to comply with its obligations under the convention.

The mode of incorporation depends on the country itself.

In a ‘monist’ state, a UN treaty automatically becomes national law upon ratification in accordance with Congressional/Parliamentary approval.

Examples of monist countries are the United States and most Latin American countries.

In a ‘dualist’ state such as Malaysia, Britain and most Commonwealth nations, new laws are necessary to give legal effect to a treaty.

The difference between dualist and monist countries

‘Monist’ countries subscribe to the view that there is only one system of law that incorporates both international and domestic law. They believe that international law is superior.

‘Dualist’ countries consider international and domestic law as independent of each other, and that international law applies only to the extent that it does not conflict with domestic law.


Malaysia Mahathir Nobel prize human rights