Malaysia’s Intervention at the Working Group on UPR
20 November 2006


Terms of Reference/Basis of Review

The UPR is not a legal process but is somewhat similar to the Trade Policy Review Body as explained by the WTO Representative this morning.  Its effect should be more of moral suasion rather than imposition on the state reviewed. 

Paragraph 5(e) of GA Resolution 60/251 provides the basis for the review, namely reviewing the fulfillment of all state members of the UN of their human rights obligations and commitments which they have respectively undertaken.  These are the UN Charter, human rights treaties and instruments which states are parties to, voluntary pledges and commitments made during the election process to the Human Rights Council, the Constitutions and legislations of the states concerned.  Here we disagreed with those who had argued against these.  Constitutions and legislations take into account national specificities but also reflect noble aspirations as well as established rules and regulations in the administration of a country, including the administration of justice and respect for human rights, which a country has voluntarily undertaken and which its government exerts efforts to comply. 

In conducting the review, local circumstances and the level of development of the state reviewed have inevitably to be taken into account.  Thus we have reservations in applying the concept of international laws and international customary laws as there would be arguments on what constitute these laws given the different religious background and different legal system we come from. 

As also provided in paragraph 5(e) of Resolution 60/251, the review has to be undertaken based on objective and reliable information, which in the first instance should be provided by the state reviewed in the form of a report based on a standard format to be agreed to by the Human Rights Council.  Another factual Report based also on an agreed standard format could be provided by the OHCHR in the same manner as the Trade Policy Review of the WTO.  Provision of information in an agreed format would make the UPR less cumbersome on all parties concerned. 

Objectives and Principles of the Review

The main objective is to review the compliance of state on its human rights obligations and commitments it has undertaken through a cooperative approach, with the state’s full involvement and in the process, promote accountability of state reviewed in complying with its obligations while at the same time, appreciating the challenges the country is confronted with.  

Obviously the UPR must adopt a constructive approach instead of a confrontational one.  It should avoid recommendations that are unrealistic but instead help state, at its request, to build capacity. 



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