KUALA LUMPUR, April 9 ― A Suhakam commissioner told news portal Malaysiakini that Malaysia should have voted to expel Russia from the United Nations Human Rights Council, calling Kremlin’s actions in Ukraine “serious and gross violations”.

Malaysia was one of the 58 countries that abstained in the voting on Thursday (April 7), which saw 93 member states vote in favour, while 24 countries were against the resolution.

Gerald Joseph called Putrajaya’s decision to abstain “shocking” in light of the atrocities alleged to have been perpetrated by Russian troops. Malaysia is a member of the council.

“Invasion during such modern times is unthinkable and one would expect negotiations would be the preferred approach to prevent loss of life and avoid committing gross human rights violations,” he was quoted as saying.

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“Malaysia must first see that ‘serious and gross violations’ are in fact, serious and gross violations. Malaysia cannot be sitting on the UN Human Rights Council and ignore these violations,” he added.

The Human Rights Council is a subsidiary organ of the UN General Assembly.

Under the established Rules of Procedure of the UN General Assembly, the General Assembly may suspend the membership of a Human Rights Council member that commits gross and systematic violations of human rights, with a two-thirds majority of member states present and voting.

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The Foreign Affairs Ministry in a statement yesterday said suspending a member of a Human Rights Council member is “a critical decision” that “should not be made in haste and must be accorded its due processes.”

On April 7, 2022, the United Nations General Assembly, during the resumed 11th Emergency Special Session of the General Assembly, adopted a resolution to suspend Russia’s membership in the UN Human Rights Council.

Wisma Putra said the abstention was based on the belief that the Commission of Inquiry, established by the Human Rights Council in March 2022, must be allowed time to carry out investigations and present its findings first.

“This is to verify allegations of any gross and systematic violations of human rights and breach of humanitarian law happening in conflict areas,” it said.

But Joseph argued that Russia’s decision to inflict war by invading Ukraine itself is “systemic violation” of Ukrainian citizens’ rights.

He said as a member of a body that is supposed to uphold human rights, Putrajaya should have taken a more stern position

“As a UN Human Rights Council member ourselves, we must recognise that war is a systemic violation of the citizens’ human rights,” he was quoted as saying.

“We cannot continue to ignore gross human rights violations.”