Yesterday, 25th January 2024, Malaysia presented her national report of the Universal Periodic Review (UPR) at the United Nations Human Rights Council (UNHRC) in Geneva, Switzerland which saw interventions, commendations and recommendations on Malaysia’s human rights development over the years. This is the fourth cycle of the UPR process for Malaysia.
The Malaysian national report, 22 pages long, comprised of the implementation of accepted recommendations that can be found here using this link https://documents-dds-ny.un.org/doc/UNDOC/GEN/G23/226/31/PDF/G2322631.pdf?OpenElement
The national report was prepared in consultation with various stakeholders, including Government agencies, National Human Rights Commission (SUHAKAM), civil society, non-governmental organisations (NGOs), United Nations (UN) agencies, Parliamentarians and academicians. A total of 23 consultation sessions and meetings were held and the report was endorsed by the Malaysian Cabinet on 8 September 2023.
To give credit where it is due, my utmost gratitude to Government Ministries and agencies involved in the preparation of the national report and also not forgetting the invaluable inputs from the Human Rights Commission of Malaysia (SUHAKAM), civil society organisations (CSOs), non-Governmental organisations (NGOs), academicians, UN agencies and Parliamentarians.
Therefore, based on my experiences as a former member of the Parliamentary Special Select Committee for International Affairs and former President for Parliamentarians for Global Action (PGA), the time is now for the Malaysian Parliament and Parliamentarians to play a more active role in the UPR process in Geneva as the one of the branches of the Government and as a legislative and oversight body equipped with budgetary powers. The Parliament and Parliamentarians must be included in the entire UPR process in collaboration with all the other stakeholders – before the review to make active contributions to the national report, during the review to participate in the Working Group sessions and after the review to ensure Parliamentary follow up action, as well as by the Parliamentary Special Select Committees in Parliament. https://www.ohchr.org/sites/default/files/Documents/HRBodies/UPR/TIPs_Members_Parliament.pdf
Why is this critical? When Parliaments and Parliamentarians are involved in the UPR process, recommendations by other nations, international human rights mechanisms including the UPR are then followed up closely by national instruments like the Parliament and this includes implementations at the national level. In other words, the Dewan Rakyat will play a crucial role in ensuring the Governments’ compliance with her international human rights obligations. The UN Human Rights Council has also been exploring ways to improve the contribution of Parliaments to its work and the UPR. Through its resolution 35/29, the Human Rights Council encouraged States to promote the involvement of Parliaments in all stages of the UPR process, and Malaysia as one of the members of the UNHRC should begin prioritising this as a form of Parliamentary and institutional reform as galvanised and cemented by the Prime Minister Dato’ Seri Anwar Ibrahim when he took office. Parliamentarians as the voice of the rakyat must be more aware of these international human rights mechanisms and of the submission dates of the national reports, its contents and to follow up closely on action plans committed when it is brought back to Parliament. https://www.ohchr.org/sites/default/files/Documents/HRBodies/UPR/Parliaments/NV_UPR_Parliaments_EN.pdf
There should be a concerted effort between the Executive – i.e. Ministries and agencies, CSOs, academicians and the Legislative – i.e. the Parliament to ensure that commitments and pledges made to reform, rejuvenate and strengthen human rights in Malaysia, advocated by a renewed call under the MADANI Government are followed through.
The involvement of Parliament and Parliamentarians is a form of active participation on an international human rights platform to strengthen human rights on a national level in Malaysia and the time is now to consolidate the role of Parliamentarians as defenders and protectors of human rights in Malaysia.