Search This Blog

Friday, April 17, 2015

Suhakam refutes Zahid’s claim that it agreed to Pota

The Human Rights Commission of Malaysia (Suhakam) today rebutted claims that it had given the green light to the Prevention of Terrorism Act (Pota), saying that Putrajaya had never consulted it before tabling the law.

Suhakam said that it had issued a statement on November 28 last year, merely to support the government's efforts in combating terrorism and extremism, including the threats posed by Islamic State (Isis).

"The Commission’s position has not changed," it said in a statement today.

"In that statement, the Commission once again reiterated that any amendment or promulgation of new laws; i) must be made after meaningful consultations with relevant stakeholders; ii) drafted in adherence to international human rights standards to be effective; and, iii) shall be accompanied by appropriate safeguards to protect human rights."

It also noted that it had issued a letter to the Home Ministry on March 12, urging Putrajaya to allow the Commission to be consulted and express its views on the Bill, with the aim of ensuring that the proposed law was aligned with human rights provisions.

"While the Commission expressed its support for the passage of a proposed anti-terror Bill in line with human rights principles, and subject to recommendations which may address concerns about the Bill’s impact on human rights, the Commission once again maintains that it was not and has not been consulted on the legislation," the Commission said.

The contentious Bill was passed in the Dewan Rakyat after nearly 15 hours of debate with 79 votes for and 60 votes against in the wee hours of April 7.

Suhakam said that it issued yet another statement following that, to express its regret that the law had been approved by the august House, despite the lack of consultation with the Commission and uncertainties in several of its provisions.

"The Commission further explained that due to the seriousness of the Pota’s measures and the need for proper oversight, it shall be making full submissions to the government in accordance with its statutory mandate.

"The Commission also called on the government to be committed to upholding its international human rights obligations and urged for a revision of the Act, with full and meaningful consultations with all stakeholders, including the Commission," it added.

Although Suhakam continued to support any legal measures to counter elements of terrorism and extremism, it stressed that any such laws must be in line and in full compliance with human rights principles.

"The Commission has also been, and is consistent in its call that protecting human rights and public safety must be complementary," it said.

This comes after Home Minister Datuk Seri Dr Ahmad Zahid Hamidi, in defending the Pota, claimed yesterday that the Act does, in fact, maintain all aspects of human rights.

He also claimed that Suhakam president Tan Sri Hasmy Agam had, through a letter, given his nod of approval for Pota as long as all elements of human rights were preserved.

"The most important element for us is that human rights remain. What about the rights of the victim? It's not like I want to challenge Suhakam."

On Wednesday, Hasmy said, when launching  Suhakam's 2014 Annual Report, that despite submitting the annual report to the Dewan Rakyat for the past 13 years, none of them were debated in the House.

He said that even after repeated pleas to Putrajaya to debate the report, it had yet to be realised.

In 2012, Suhakam suggested that as an interim measure, Putrajaya set up a permanent parliamentary select committee or a special select committee to allow MPs to discuss issues and recommendations raised in the reports

"It’s pretty strange our Parliament has not been able to do this after so many years.

"I'm sure they have their reasons. Maybe there is concern that some issues can be politicised, but the issues of rights and privileges are for the benefit of the people," he said.

He also lamented that Putrajaya was not taking Suhakam seriously, an issue that had been raised many times since he joined the commission.

"I have said this before; we are like a watchdog tied to a pole. We can't run, but better to have a watchdog that barks than none at all," he said.

No comments:

Post a Comment