Resident Coordinator's speech: Human Rights Day Forum 2023

Yang Berhormat Datuk Mohamad bin Alamin, Deputy Minister of Foreign Affairs

Yang Berbahagia Datuk Mariati Robert, Commissioner, SUHAKAM

Yang Berbahagia Dato’ Cheong Loon Lai, Deputy Secretary General of Multilateral Affairs, Ministry of Foreign Affairs

Mrs Intan Sharina Zainal Abidin, Director of the Policy and Research Section, Legal Affairs Division of the Prime Minister’s Department

Excellencies Ambassadors and Heads of Missions

Distinguished representatives of Federal Ministries and agencies

Distinguished representatives of state and local governments

Esteemed Members of the civil society

Members of the diplomatic corps in Malaysia

Dear UN colleagues

Ladies and gentlemen

Good morning and a very warm welcome to the 2023 Human Rights Day Forum, organized jointly by the Ministry of Foreign Affairs, the Legal Affairs Division in the Prime Minister’s Department, the Human Rights Commission, SUHAKAM, and the United Nations Country Team in Malaysia.

It is an honour and privilege to address this esteemed audience. Today’s event is made more auspicious, as this year marks the 75th anniversary of the Universal Declaration of Human Rights. 

From Kuala Lumpur, we join others across the globe to celebrate this timeless and universal standard for promoting and protecting human dignity, equality, and justice worldwide.

Human rights, and the commitments and values that underpin them, have never been more vital. As we journey through adversity and turbulent times, marked with growing inequalities, environmental degradation, conflict, and daily violations of international law, we must uphold and safeguard the invaluable legacy of the UDHR's architects.

75 years since the adoption of the Declaration, we invoke its comprehensiveness and codification of rights; its signaling of a globally shared commitment; and its role as the bedrock for subsequent treaties and other instruments, and a comprehensive body of international law. Crucially important also are its core principles of universality and inalienability, indivisibility, and non-discrimination. These are central to delivering justice, freedom, and human dignity.

While some may question the value and relevance of the human rights framework, let us not forget that many crises and conflicts we currently face have been intrinsically linked to the cynical disregard of human rights and successive failures to heed the core principles of the Universal Declaration.

Human rights violations not only cause human suffering and catastrophic humanitarian situations and impede global peace and security, but they also threaten to set development back by decades, putting the Sustainable Development Goals beyond reach.

Adherence to the UDHR is the route to bringing development back on track globally and in Malaysia.

I reference here the importance of human rights within Malaysia’s constitution, via specifically articles 5 to 13, but also in its overall framing.  This basis in human rights values underpins Malaysia’s multi-ethnic and multi-cultural society, alongside its vibrant democracy. In turn, this bedrock has guided Malaysia’s socioeconomic development, including the fulfillment of universal health and education. It has also framed its institutional development seen in the conduct of law and legal oversight over decades, and the foundation in 1999, and recent strengthening of SUHAKAM.  

Moreover, the rights-based orientation has a tangible day-to-day policy impact.  Specifically, it has enabled Malaysia to weather crises and major national challenges throughout its history. This orientation within policymaking has ensured that responses have remained inclusive.

I also highlight some of the specific recent strides made, many taken in concert with the United Nations and its agencies.  A major one is Malaysia’s election to the Human Rights Council, and as part of this, its active support to resolutions on transparent, accountable, and efficient public services, among others. Additionally, ongoing parliamentary scrutiny of human rights questions, most recently on women and children's affairs is significant. 

Special mention is also merited of the repeal of the mandatory death penalty; the ratification of several ILO protocols and conventions; the forthcoming National Business and Human Rights Action Plan; and the systematic follow-up and engagement with civil society on UPR recommendations.  Finally, I highlight the rights-dimensions of mainstreaming the SDGs within national planning and budgeting. I note also that this lies at the heart of Malaysia Madani.

Distinguished audience; Ladies and Gentlemen;

This coming year provides new opportunities to deliver on the human rights agenda. Malaysia will embark in a new UPR cycle and the Government will be submitting its periodic report on the Convention on the Elimination of All Forms of Discrimination against Women.  These processes have required, and will continue to involve, extensive consultations with civil society and with citizens.

I re-iterate that the SDGs, with their explicit commitments to justice and leaving no one behind, provide the critical link between the rights and development agendas.  

Please allow me to reflect on three issues, critical to progress on SDGs and on human rights commitments:

First, I raise the systemically important issue of ensuring an open society, and with it the freedom of the press, freedom of expression and access to information. This is at the core of SDG16 and efforts are still needed to secure these basic institutional building blocks. 

The UN welcomes the Unity Government’s stated positions on these issues, and we look to Malaysia Madani to further the reform agenda and protect the rights of all people living in Malaysia.

Second is the plight of a large undocumented population. As Malaysia moves to high income status, it is clear that inclusive and sustainable development can only be achieved if the associated inequalities and deprivations are addressed.  Indeed, it is a sobering reality that even today, undocumented people, present in large numbers in Sabah, have limited access to water, sanitation, education and healthcare. These marginalized groups also lack the ability to fully engage in the economy, and hence often live in grinding poverty. This is intimately linked to efforts on SDG1, SDg2, SDG3, SDG4, SDG6 and SDG16 (target on legal identity).

The third area I highlight is the expansive topic of gender equality and the empowerment of women and girls, central to the theme of today’s event. There are several dimensions here, but two immediate issues stand out.

While welcoming the Government’s efforts to address the longstanding inequities in citizenship law relating to the children of Malaysian mothers, we note that other proposed revisions may raise further rights-based issues, with important implications for the rights of children.

Additionally, as Human Rights Day also marks the close of 16 days of activism against gender-based violence, it is vital Malaysia urgently address this most pernicious challenge. Concrete actions including legislation and enforcement, along with efforts to raise awareness are needed. 

Reforms needed to realize SDG5 targets and the rights of 50% of the population must address the structural and societal barriers to women’s advancement and their full participation in the society, polity and economy.

Esteemed audience,

75 years on, and in contrast to many pessimistic positions we often hear in the global media, human rights are vital and their realization a moral imperative. It is only through the defense and adherence to all thirty articles of the Universal Declaration that we will secure global peace and stability based on equity and justice for all.

This also applies to strengthening Malaysia’s development model of social cohesion and solidarity within and across communities. Even, or rather especially in these most challenging times, the rights agenda and the 2030 Agenda for Sustainable Development remain critical to meet the aspirations of a modern Malaysia.

I offer three possible pathways:

One – I urge the Unity Government to follow through on its articulated commitments to the rights of all people living in Malaysia. I especially encourage government and all relevant stakeholders to continue to engage openly and positively with human rights processes.

Additionally, international cooperation in safeguarding rights, and mechanisms such as the Universal Periodic Review (UPR) process, is also important to ensure that Malaysia’s rights commitments are embedded in national law and policies.

Two - Relatedly, I reiterate my call for Malaysia to move decisively in ratifying the remaining human rights instruments. This is crucial as Malaysia moves forward to high income status and takes its place among similar nations which have adopted the highest standards of human rights-based law and practice.

Three - I must commend the exceptional caliber of rights-based organizations in Malaysia. I welcome their participation and efforts to further human rights outcomes and ensure a vibrant civil society.

This engagement takes many forms including the courageous work of human right defenders, the exercise of freedom of expression of rights-based positions, the development of research on rights-based issues, and the delivery of support to often marginalized communities.

I draw my remarks to a close, by also acknowledging and appreciating the exceptional level of participation in today's event.

I commend the Ministry of Foreign Affairs’ leadership in making sure that human rights is everyone’s business, and  renew my thanks to our co-hosts and organizers – the Ministry of Foreign Affairs, the Legal Affairs Division in the Prime Minister’s Department, and SUHAKAM, for their partnership with the UN and full dedication to the principles set out in 1948 to realize civil, economic, cultural, social and political rights for everyone in Malaysia.

Thank you.