MALAYSIA finds itself in an interesting position regarding human rights. With a fresh cabinet of both new and familiar faces, the administration has the unenviable task of addressing cracks in a system long left unattended. Precisely because the nation’s human rights record is relatively poor, the unity government should rise to the occasion.  

While political stability remains important – voter fatigue after Langkah Sheraton and the revolving door of premiers is no small thing – it is equally important that the government set its sights on progressive and equitable legislative change. All factions and parties in government must work together for the good of the people.  

Malaysia’s tempestuous political arena and lack of continuity in policymaking created vacuums in some sectors. Public trust – so difficult to win and yet so easily lost – took a dip, as evinced by the polarities in the recent election results. Now, with promises of stability to keep, the government must clean house.   

In the arena of human rights, the potential policy wins are clear: previously the nation flew too close to the sun with attempts to ratify the International Convention on the Elimination of All Forms of Racial Discrimination being stopped in its tracks. The unity government can and should focus on the ‘easy’ but effective and deeply meaningful wins: the first that comes to mind is allowing automatic citizenship for children born overseas to Malaysian women married to foreigners.   

De facto Law Minister Azalina Othman – who previously filed a motion for a private member’s bill calling for a constitutional amendment on exactly this – has made it clear that this is a key area for her. This heartening sentiment must become reality as hundreds of children continue to be left in limbo due to outdated and patriarchal bias in legislation.   

A second dynamic and sorely needed legislative change would be to decriminalise suicide. The cabinet elected to ask the Attorney-General’s Chambers to conduct a study. Given that the suicide rate increased in 2021, the solution is clearly to assist those who require support, not criminalise them. Instituting a moratorium on this section of the penal code while working to decriminalise suicide is a simple way forward and will show sincerity in bringing about a more inclusive nation.  

As it stands, the current law ensures that those who need help and have attempted suicide do not feel safe in coming forward to access this assistance. Removing it will heighten awareness regarding ableism in law and society and centre the need for mental health legislation.  

Finally, the new government could show its commitment to serving the most marginalised among us by allowing refugees to work, attend school, and access basic healthcare.  

The legal right to work will empower a disenfranchised community and allow them to make decisions regarding their personal movements and journeys without relying on international organisations.

It provides a layer of protection and allows them to earn a living, educate their children, and avoid unscrupulous employers. From an economic standpoint, allowing refugees to work contributes to the GDP and creates new complementary jobs alongside citizens – although of course the chief benefit is providing a community with its deserved dignity.   

This is by no means an exhaustive list of suggestions, and quite obviously does not touch upon rights issues that are swept under the carpet by reason of ‘sensitivity’, ‘religious values’ or similar. The fact that we are unable to stridently advocate for queer rights, interfaith freedoms or racial equality without risk to individual safety is not just a policy failure, but a rights violation in and of itself – one that the new government must address while it navigates discomfort across various voter bases.   

But as we work to this goal the nation’s unity government can tackle the easier wins, bearing in mind that it is only the beginning. As nations mark Human Rights Day, the unity government must set about the business of rights and recovery as soon and effectively as possible. – December 11, 2022.  

*Tashny Sukumaran reads The Malaysian Insight.  
 

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.