Prof Datuk Khaw Lake Tee, Human Rights Commission of Malaysia

A distinguished academic and administrator with Malaysia’s oldest university, Datuk Khaw Lake Tee took on the role of Vice Chairperson of the Human Rights Commission of Malaysia (SUHAKAM) in July 2010.

Almost immediately she was involved in three major projects: supporting government efforts to develop a comprehensive human rights action plan, facilitating discussion on the sensitive topic of sexual orientation and gender identity, and preparing the groundwork for SUHAKAM to act as amicus curiae in human rights-related cases before the courts.

Little wonder that the former Dean of Law and Deputy Vice Chancellor (Development) of the University of Malaya admits she was “rather apprehensive” on joining SUHAKAM’s leadership team.

However, she also welcomed the appointment which she says has given her the chance to make a direct contribution to the Malaysian community and to engage with people from a wide range of groups.

“In the short time I have been with SUHAKAM, I have been exposed to issues and experiences not readily available in the University environment,” says Datuk Khaw.

“However, I would also like to think – and I certainly hope – that the academic, research and administrative experience that I bring with me will be of use to SUHAKAM.”

Action plan

High on her agenda is assisting in the development and implementation of Malaysia’s first National Human Rights Action Plan (NHRAP), while follows sustained advocacy by SUHAKAM.

In 2002, the organisation initially proposed to the Government that an NHRAP be developed and, four years later, it presented a draft version for its consideration. There was little interest at the time.

“So when the Hon. Minister Dato’ Seri Mohamed Nazri recently agreed to appoint a focal agency to take charge of preparing and developing the NHRAP, we were greatly encouraged,” says Datuk Khaw.

She says that the process of preparing the plan provides an important opportunity to identify and address a number of the human rights protection gaps that exist in the country.

“In recent years, numerous complaints have been made by individuals and groups on human rights violations and calling for the Government to protect and uphold the rights of its people.

“It is therefore essential that the NHRAP identify ambitious, yet practical and achievable, goals and priority should be given to addressing the major human rights problems.”

According to Datuk Khaw, the process of developing the action plan is just as important as the final plan that is developed.

“It should be as inclusive as possible and involve all the relevant stakeholders,” she says.

She also stresses that the provisions of the Universal Declaration of Human Rights and other international human rights treaties must provide the foundation principles for the NHRAP.

“In this way, it can also serve as a roadmap for Malaysia’s ratification of the remaining core human rights treaties, especially the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the Convention against Torture.”

Protecting rights

Datuk Khaw is adamant that the NHRAP should focus squarely on the rights of vulnerable groups.

Likewise, her own work within SUHAKAM aims to build understanding and bolster protections for those on the margins of Malaysian society, such as lesbian, gay, bisexual and transgender (LGBT) people.

She recently attended a workshop in New Zealand – the Yogyakarta Principles Forum – to discuss the role that national human rights institutions can play to better promote and protect their rights at the country level.

“The human rights violations, abuse and discrimination against members of the LGBT community is very serious and, if not handled properly or addressed immediately, can lead to physical violence, battery and even death,” she says.

“SUHAKAM’s stand is that all people, regardless of their sexual orientation or gender identity, are entitled to enjoy their basic rights as human beings.”

Mindful of the sensitivities involved, Datuk Khaw has been facilitating meetings between members of the LGBT community and representatives of different religious groups to build understanding and identify strategies to respond to human rights violations.

Similarly, she hopes that SUHAKAM’s national inquiry into the rights of indigenous people to their land – a source of many complaints received by the organisation – will foster greater community awareness and discussion of the issues and lead to practical changes on the ground.

Not content with her work across these areas, Datuk Khaw has set herself a number of other goals for her three-year term, including advocacy for SUHAKM to act as amicus curiae – or ‘friend of the court’ – in human rights-related cases.

She would also like to see the repeal of preventive detention laws.

“I find it particularly abhorrent that minors are detained without trial for offences for which penal provisions are available, and imprisoned without proper access to counselling or education, killing all hopes and dreams of a better future,” she says.

“Ultimately, I would like to see an enhancement of SUHAKAM’s reputation and powers as a national human rights institution to truly advance the protection and promotion of human rights in the country.”