TERMS OF REFERENCE
STUDY ON THE HUMAN RIGHTS STATUS IN MALAYSIA
BACKGROUND
The principle of universality of human rights is the cornerstone of international human rights law. This principle, as first emphasized in the Universal Declaration on Human Rights in 1948, has been reiterated in numerous international human rights conventions, declarations, and resolutions. The 1993 Vienna World Conference on Human Rights, for example, noted that it is the duty of States to promote and protect all human rights and fundamental freedoms, regardless of their political, economic and cultural systems.
STUDY ON THE HUMAN RIGHTS STATUS IN MALAYSIA
BACKGROUND
The principle of universality of human rights is the cornerstone of international human rights law. This principle, as first emphasized in the Universal Declaration on Human Rights in 1948, has been reiterated in numerous international human rights conventions, declarations, and resolutions. The 1993 Vienna World Conference on Human Rights, for example, noted that it is the duty of States to promote and protect all human rights and fundamental freedoms, regardless of their political, economic and cultural systems.
All UN Member States have ratified at least one, and 80% of States have ratified four or more, of the core human rights treaties, reflecting consent of States which creates legal obligations for them and giving concrete expression to universality. Malaysia has signed the following two human rights treaties. They are on:
Gender Equality: The Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) - Ratified in 1995 with reservations.
Children's Rights: The Convention on the Rights of the Child (CRC) - Ratified in 1995 with reservations.
Malaysia has not ratified the following:
Racial Equality: The International Convention on the Elimination of all Forms of Racial Discrimination (CERD), entry into force:1969
Civil and Political Rights: The International Covenant on Civil and Political Rights (ICCPR)
Economic, Social and Cultural Rights: The International Covenant on Economic, Social and Cultural Rights (ICESCR)
Anti-Torture: The Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
Migrant Workers' Rights: The International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families (MWC), which was adopted by the General Assembly in 1990 and will enter into force when at least 20 States have ratified it.
Convention on the Rights of Persons with Disabilities
International Convention for the Protection of All Persons from Enforced Disappearance
Malaysia has also not signed the Rome Statute (which came into force on 1 July 2002) establishing the International Criminal Court.
In April 2006, Malaysia’s Aide Memoire in support of its election to the Human Rights Council stated in part that “the increasing threat posed by terrorism worldwide has highlighted the importance of balancing security concerns with the preservation of individual liberties.” It went on to say that drawing on prior experience, “Malaysia believes it has achieved this balance.” The Aide Memoire also suggested that Malaysia’s “experience managing a plural society would bring an important dimension to the work of the new Human Rights Council.”
However, the 2009 Universal Periodic Review (UPR) found that laws and regulations such as the Internal Security Act (ISA) and Emergency Ordinance undermine fundamental rights and liberties such as freedom of assembly, expression, and the right to due process. While the national emergencies proclaimed in the 1960s and 1970s have long been resolved, the laws introduced then – the ISA and Emergency Ordinance -- remain. The 2009 Human Development Report stated that the People’s Volunteer Corps or Ikatan Relawan Rakyat (RELA), an untrained paramilitary force numbering over half a million, is given sweeping new powers to arrest and detain undocumented migrants and criminal suspects. As far as documented migrant workers are concerned, domestic workers lack protection under the law and face a range of abuses.
For Malaysia the real test of the UPR process will be whether it implements changes that have a real impact on the protection of human rights in the country. As a member of the Human Rights Council, Malaysia should follow through on its promises and take the lead in respecting, protecting and promoting human rights in the Southeast Asian region.
Some of the key recommendations included calls for repealing or amending the Internal Security Act (ISA) and guaranteeing freedom of expression, information and religion. Many countries also identified Malaysia’s poor record in addressing human rights abuses against refugees and migrant workers.
Malaysia’s engagement with the UPR process is welcomed, but it is noted that Malaysia had fallen short of many of its commitments to the UN Human Rights Council that was pledged when it applied to become a member in 2006. The government's objective is for Malaysia to become a fully developed country by 2020 as expressed in Vision 2020. It remains to be seen when and how Malaysia will acquire a first world political system, a multi-party democracy, a free press, an independent judiciary and the restoration of civil and political liberties that is befitting its status with its new economic maturity.
OBJECTIVES
The overall objective of the study is to carry out a comprehensive assessment on human rights situation in Malaysia in line with the requirements of the UN Charter for Human Rights and to make recommendations for the way forward. The study is to assess progress towards the effectiveness and enjoyment of a culture of respect for human rights in Malaysia, and to consider how the current human rights framework might best be developed and used to realize the vision of a society built on fairness and respect, confident in all aspects of its diversity. Specially, the study aims to assess the human rights situation in Malaysia including legal framework and capacity of both government and civil society in protecting and promoting the human rights of citizens; to identify human rights issues; and to make recommendations on strategies and actions that can be taken by different stakeholders in protecting and promoting human rights in Malaysia.
SCOPE OF WORK
Stock taking:
· Undertake review of the relevant international and national legal frameworks, relevant studies and researches in the human rights area.
· Identify human rights issues, collecting and analyzing information on major challenges related to all human rights in the country, i.e. civil, cultural, economic, political and social rights, and for all groups, e.g. also for women, the poor, people living with AIDS, etc.
· Consult with the Ministry of Home Affairs; Ministry of Women, Family and Community Development; Ministry of Higher Education; Ministry of Youth and Sport; SUHAKAM; international and local human rights civil rights organizations working in Malaysia; and relevant UN representatives on the challenges and support provided in the human rights area.(e.g., assistance for the ratification of human rights treaties, support to treaty body reporting and follow-ups, promoting and applying HRBA to programming etc);
· Mapping out who is doing what in various human rights related areas in Malaysia, including national institutions, international and local civil society organizations, and preparing an assessment of current capacities and needs within the country for the protection and promotion human rights
Recommendations:
· Make recommendations on actions to be taken by various groups to overcome these issues and challenges including advocacy and communication strategies for promoting national dialogue on human rights
· Provide input into a strategic framework and plan of action for the UN Theme Group on Human Rights.
STUDY SCHEDULE
Duration of Employment: 15 December 2009 – 31 March 2010
Milestones
Inception report: 5 January 2010
Draft Final Report: 25 February 2010
Final Report: 25 March 2010
DELIVERABLES
Assessment methodology.
Content and structure of the assessment of the current human rights status in Malaysia, including a mapping study of the all key human rights institutions and the key area of work.
Final study/study with key findings, conclusions and recommendations to be incorporated in the National Action Plan on improvement of the human rights situation in Malaysia.
Presentation of the key findings and recommendations of the study’s results in a public event.
QUALIFICATIONS & SKILLS
Education: At least Masters degree in human rights, or other relevant fields.
Experience:
· Extensive work experience in the human rights area.
· Extensive knowledge of the human rights situation in Malaysia as well as human
rights principles, standards, values, mechanisms and instruments.
· Demonstrated knowledge and experience in carrying out assessments, feasibility
and comparative studies, monitoring and evaluation activities;
· Very good knowledge of the national and international organizations working in
the area of human rights
Skills:
· Very strong analytical and writing skills;
· Strategic thinking;
· Excellent and constructive presentation communication skills, ability to facilitate
discussions;