October 22, 1999
October 22, 1999
Contact HRF Communications (212) 845 5245 media@humanrightsfirst.orgMalaysian Government Flouts UN Mechanisms
Rights Groups Criticize Mahathir’s Recalcitrance
New York -- Human Rights First, together with the International Commission of Jurists, Human Rights Watch, Amnesty International and British Irish Rights Watch, condemned the Malaysian Prime Minister for his government’s failure to implement a binding decision of the International Court of Justice. The decision requires Malaysia to provide immunity to Mr Param Cumaraswamy, the United Nations Special Rapporteur on the Independence of Judges and Lawyers, from four civil defamation suits.
In a speech before the UN’s General Assembly two weeks ago, Prime Minister Mahathir Mohamed of Malaysia questioned the integrity and independence of both the United Nations human rights system and Mr. Cumaraswamy, its appointed expert. The Prime Minister criticized the UN for choosing Mr. Cumaraswamy as a UN official and attacked the UN for requiring that immunity be conferred upon Mr. Cumaraswamy.
In a letter sent to UN Secretary-General Kofi Annan today, the rights groups commented that "Prime Minister Mahathir’s verbal attacks on Mr. Cumaraswamy and the UN in the General Assembly, together with Malaysia’s continuing non-compliance with the ICJ opinion, display a fundamental lack of respect for Malaysia’s treaty obligations." The groups noted that the Malaysian government had explicitly agreed to act in accordance with the World Court’s decision with respect to Cumaraswamy’s immunity until it found that the result was not in Malaysia’s favor.
The groups urged the Secretary-General to take appropriate steps to implement the World Court’s decision and preserve the integrity of the carefully constructed UN system for the protection of human rights.
Mr. Cumaraswamy, a prominent Malaysian attorney, was commissioned by the UN to investigate the independence of judges and lawyers around the world. While conducting a preliminary investigation into the Malaysian judiciary he said he would inquire into serious allegations that certain powerful Malaysian companies acted to influence judges’ decisions in litigation. In accordance with an international convention regarding immunities for UN officials, UN Secretary General Kofi Annan certified that Mr. Cumaraswamy was immune from defamation actions on the grounds that the comments were made during a UN mission. The Malaysian government ignored the Secretary General’s certificate and the defamation actions proceeded until the World Court agreed to consider the question.