28
29
Strategy: Develop or utilise a monitoring mechanism to assess the
progressive realisation of ESCR
Description
Output
Timeframe
i. Development and utilisation of
a mechanism to monitor the
progressive realisation of the
listed ESCR by utilising
statistical indicators, national
policies and budgets, and
international commitments (eg
through ratified conventions,
SDGs, UPR, HRC etc)
Medium Term
ii. Finalisation and publicity of the
monitoring outcome report
Long Term
Indicators
Monitoring mechanism is ready
for SUHAKAM’s utilisation latest
by the third year
SUHAKAM
publishes
its
monitoring reports, and with it,
engages the government, and
publicise the results to public and
partners
Strategy: Advocate for Malaysia’s accession to the ICESCR
Output
i. Submission of SUHAKAM’s
position
paper
to
the
government, including, but not
limited to the Inter-Agency
Standing
Committee
on
ICESCR, JPM, MOFA and AGC
on the benefits of acceding to
the ICESCR
Medium Term
ii. Engagement with the InterAgency Standing Committee
on
ICESCR
to
present
SUHAKAM’s position and
information on benefits of
acceding to the ICESCR
Long Term
SUHAKAM submits its position
paper to the relevant agencies
Number of engagements with the
IASC-ICESCR in the Strategic
Plan Period
Strategic Objective 3: Combating Racism, Racial Discrimination and Xenophobia
Article 1
1. In this Convention, the term "racial discrimination" shall mean any distinction, exclusion, restriction or preference based on race, colour, descent,
or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of
human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.
International Convention on the Elimination of All Forms of Racial Discrimination
Given the Malaysian scenario of multi-racial, multicultural
society, subjects like race, religion and language are very
sensitive and has sparked many unwanted incidents
in the past, and in recent times. While institutional
racism has a more long-term ramification to society as
a whole, tackling individual racism is just as important
as the systematic elimination of racism in Malaysia.
Accusations of racial discrimination in Malaysia stem
from racial preferences embodied within the social and
economic policy of the government. The underlying
factor for this is the racially divided political system and
political parties in our country. Racism is deep-rooted
in our political system. As a result, the prejudices lead
to broader tension, prejudice and stereotype between
various ethnic groups.
In order to curb unwanted incidents, the authorities
have resorted to tough responses, and many people
have been taken to task by various laws in the country.
Although people become victims of racial discrimination,
they do not dare discuss it in the public domain due to
its sensitive nature and the repercussions they may end
up facing.
Article 8 of Federal Constitution is the cornerstone of
constitutional protection of the rights to equality and
non-discrimination in Malaysia. Article 8(1) states that:
“All persons are equal before the law and entitled to the
equal protection of the law”. While article 8(2) states
that “There shall be no discrimination against citizens
on the ground only of religion, race, descent, place of
birth or gender in any law or in the appointment to any
office or employment under a public authority or in the
administration of any law relating to the acquisition,
holding or disposition of property or the establishing or
carrying on of any trade, business, profession, vocation
or employment.”
Malaysia has embraced and expressed its commitment
in implementing the 17 goals underlining the SDGs.
NB: Short Term: 2 years and below
Medium Term: 3 to 4 years
Long Term: 5 years
Building on the principle of “leaving no one behind”,
Agenda 2030 emphasizes a holistic approach to
achieving sustainable development for all. The SDGs
places the human rights principles of equality and nondiscrimination at its heart, ensuring the inclusion of
marginalized, disempowered and excluded groups, and
reducing inequalities within and between States, as
part of poverty eradication. Although Goal 10 aims at
reducing inequality in particular, all other goals promotes
the value of non-discrimination.
Priorities
The Commission shall formulate some concrete
strategies to address the problem. The Commission
shall begin by developing internal policy against racism
and racial discrimination in order to create awareness
among its staff and to be exemplary to external parties.
This subject matter is not alien to Malaysia alone and it
is also not a simple matter to be resolved. Malaysia is a
multi–ethnic, multicultural, and multilingual society, and
the many ethnic groups in Malaysia continue to maintain
separate cultural identities. The transborder migration
makes Malaysia an even more complex society. The
subject is perceived as a sensitive matter and any
approach deemed ‘wrong’ could lead to backlash. The
problem cannot be resolved overnight, and requires a
comprehensive plan together with support from many
stakeholders. It is time to learn to accept the reality of
Malaysia’s heterogeneity and celebrate our differences
without prejudice. The Commission, with its action plans,
should form collaborations with strategic partners in
tackling this long overdue human rights issue.
It is SUHAKAM’s hope that one day soon, there will
be a culture of understanding and respect for human
rights, regardless of race, religion, background, or status
throughout the country, amongst all people, young and
old, or those who are privileged or marginalised.