DOWNGRADE MALAYSIA'S HUMAN RIGHTS COMMISSION?

C O N F I D E N T I A L SECTION 01 OF 02 KUALA LUMPUR 000704

SIPDIS

FOR EAP/MTS AND DRL FOR JANE KIM

E.O. 12958: DECL: 08/07/2018
TAGS: PHUM PGOV MY
SUBJECT: DOWNGRADE MALAYSIA'S HUMAN RIGHTS COMMISSION?

Classified By: Classified By: Acting Political Section Chief William G.
Gray for reasons 1.4 (b and d).

SUMMARY
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1. (C) Malaysia's Human Rights Commission (SUHAKAM) faces
potential downgrading by the International Coordinating
Committee of National Institutions for the Promotion and
Protection of Human Rights (ICC) for non-compliance with the
Paris Principles. If downgraded, SUHAKAM will be banned from
attending the United Nations Human Rights Council Session and
stripped of its full membership in the Asia Pacific Forum,
the leading regional human rights organization in the Asia
Pacific. The Malaysian government responded by questioning
the validity of ICC's accreditation review but some local
NGOs welcome the move as a wake-up call for the government to
make SUHAKAM more independent and effective. Most observers
believe, however, that the government is unlikely to make
substantive changes to SUHAKAM, however. Post continues to
engage the government and promote proactive human rights
monitoring with SUHAKAM. End Summary.

SUHAKAM faces downgrade by ICC
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2. (U) During an accreditation review July 25, the ICC,
whose secretariat is the United Nations' Office of the High
Commissioner for Human Rights, found Malaysia's Human Rights
Commission (SUHAKAM) did not comply with the Paris
Principles. The Paris Principles define the international
standards for an independent and effective national human
rights institution. The announcement occurred as SUHAKAM
prepared to host the 13th Asia Pacific Forum (APF) of
National Human Rights Institutions (NHRI) from July 28 - 31.

ICC Recommendations to SUHAKAM
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3. (U) The ICC provided SUHAKAM with recommendations on how
to comply with the Paris Principles and gave the organization
one year to meet the standards. ICC recommended establishing
a clear and transparent appointment and dismissal process for
commissioners and increasing commissioners' tenures from the
current two years. Another deficiency noted was the lack of
genuine "pluralism" in the composition of SUHAKAM's
commissioners. The ICC also expects SUHAKAM to increase
engagement with other human rights bodies and the UN Human
Rights Council.

The Downgrade's Impact
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4. (U) SUHAKAM's failure to comply with the ICC's
recommendations will result in the ICC downgrading SUHAKAM
from its current "A" status to "B." If downgraded, SUHAKAM
loses its right to participate in the regular sessions of the
United Nations Human Rights Council, is stripped of its full
membership in the APF of NHRIs and relegated to a candidate
or associate member without voting rights in the APF's
decision-making body, the Forum Council.

SUHAKAM and Local NGOs react
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5. (U) SUHAKAM Chairman Abu Talib dismissed the ICC's view
and stated the committee seems to be developing "new rules of
interpretation" of the Paris Principles. He further lamented
the ICC was just "relying on one Malaysian NGO's observation"
in initiating the accreditation review and stressed that the
Commission considers itself fully compliant with the
Principles. Other SUHAKAM Commissioners followed Abu Talib's
lead, but acknowledged that the nine-year-old SUHAKAM Act,
which established SUHAKAM, should be amended to reflect
current circumstances and provide the Commission more bite,
especially for enforcing its recommendations. On July 29,
Deputy Prime Minister Najib stated that any change in the
SUHAKAM act giving the organization greater independence and
power needed "to be studied carefully."


6. (SBU) In an immediate reaction to the ICC's review, 44
NGOs including Education and Research Association for
Consumers Malaysia (ERA Consumer),the Malaysian Peoples
Voice (SUARAM) (the two NGO's providing the ICC information
for its report on SUHAKAM),and the Malaysian Bar Council
released a joint statement urging the Malaysian government to
adopt the ICC's recommendations and strengthen SUHAKAM. N.
Marimuthu, President of ERA Consumer, told us the ICC's
review was a "wake-up call" for SUHAKAM and the government
and will embarrass the Government if SUHAKAM's status is

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downgraded. The NGOs found an ally when de facto Law
Minister Zaid Ibrahim, one of the few voices for reform in
the cabinet, advised SUHAKAM to "develop a spine."
Presenting a paper at the NHRI on July 29, the Minister said
SUHAKAM must be proactive, more aggressive, take a vigorous
stand on issues, and not hide behind the SUHAKAM Act. (Note
SUHAKAM's Chairman sometime uses the limiting statutes of the
act to justify not/not investigating alleged human rights
violations in high profile cases.) The Minister also
supported the ICC's recommendations, adding that the
government can no longer continue to be in denial (about its
responsibility to safeguard human rights).

Comments
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7. (C) While the ICC's announcement of SUHAKAM's possible
downgrade set off alarms within the Malaysian government, the
substantial reforms required to strengthen SUHAKAM's
independence or broaden its jurisdiction are unlikely. When
first established, the government purposely undermined
SUHAKAM's ability to investigate abuses by inserting
legislated limitations. For example, SUHAKAM cannot legally
investigate alleged abuses if a police report is filed. Post
continues to engage the government on human rights and
encourage proactive human rights monitoring within SUHAKAM.
KEITH