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Media Statement No. 58-2025_SUHAKAM Condemns All Forms of Violence Against Children and Calls for Urgent Protection, Accountability and Support

KUALA LUMPUR (19 DECEMBER 2025) – The Human Rights Commission of Malaysia (SUHAKAM) expresses deep concern and condemnation over the reports of alleged sexual abuses involving students with special needs at a school dormitory in Marang, Terengganu. According to the police investigations, the incidents were being probed under Section 14 of the Sexual Offences Against Children Act 2017, which provides dedicated criminal offences for sexual misconduct involving children.

SUHAKAM strongly condemns all forms of violence and abuse against children, especially with disabilities. All children are entitled to live, learn, and grow in environments that are safe, nurturing and free from violence, abuse, exploitation and any unwanted touching of their bodies. Allegations of sexual violence involving children, particularly those with disabilities, constitute serious violations of their rights, dignity and safety. Children should be empowered to understand bodily autonomy and their right to refuse any contact that is inappropriate, exploitative and harmful.

SUHAKAM calls for a thorough, impartial, and trauma-informed investigation to ensure accountability and due process is upheld for all parties involved. Importantly, children should be empowered to come forward as witnesses. Section 17 of the Sexual Offences Act 2017 provides a legal framework where the law recognises that children are treated as being competent to give evidence unless a court decides otherwise.

From an international human rights perspective, as a State Party to the Convention on the Rights of Persons with Disabilities (CRPD), as provided for in Article 16 of CRPD, Malaysia is bound to protect, fulfil human rights and prevent any violation of rights against persons with disabilities (PWD), including children, from all forms of violence, exploitation and abuse by taking legislative, social, educational and other measures. It is equally essential that the privacy and dignity of both victims and alleged perpetrators are protected, given their age and vulnerabilities. In line with child protection laws and international human rights standards, the media and public must refrain from revealing identities or speculating on personal details to avoid causing further harm.

In addition to the above, SUHAKAM urges the Ministry of Education and school authorities to implement immediate and robust safeguarding measures to prevent sexual abuse and assault incidents. These include strengthening child protection policies in all learning and residential environments, ensuring accessible reporting channels for students and staff, and providing comprehensive training for educators, supervisors and caregivers on recognising and responding to signs of abuse. Affected children must also receive psychosocial support and specialised care tailored to the needs of students with disabilities.

SUHAKAM further calls for a systematic review of gaps in supervision and protection practices within school settings, including dormitories, to ensure a safe environment for all children, especially those with special needs.

SUHAKAM urges the Royal Malaysia Police and law enforcement agencies to conduct investigations that are transparent, fair, and centred on the needs of children, emphasising trauma-informed practices and the safety of all children involved. To this end, it is essential for the police to establish guidelines for interacting with PWD in procedures such as taking statements and reports from both victims and perpetrators. SUHAKAM also calls for parents, guardians and caregivers to empower and engage children, including PWD children in an open dialogue about bodily autonomy, consent and how to seek help if they feel unsafe.

SUHAKAM reiterates that violence against children is not only a violation of law but a breach of fundamental human rights. All stakeholders, including Government agencies, law enforcement, education authorities, civil society and the community at large, must work collaboratively toward strengthening child protection, prevention and accountability mechanisms in Malaysia. SUHAKAM stands ready to support constructive efforts that uphold the rights, dignity and safety of every child.

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Human Rights Commission of Malaysia (SUHAKAM)
Date: 19 December 2025

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Media Statement No. 57-OCC Calls for Enhanced Platform Responsibility To Ensure Children’s Online Safety

KUALA LUMPUR (16 DECEMBER 2025) The Office of the Children’s Commissioner (OCC) under the Human Rights Commission of Malaysia (SUHAKAM) welcomes and supports the initiative by the Malaysian Communications and Multimedia Commission (MCMC) where large-scale Internet messaging and social media service providers would be deemed registered holders of application service provider licences, effective Jan 1, 2026. This is pursuant to the new Section 46A of the Communications and Multimedia Act 1998 (Deeming Provision) and OCC commends this as a significant step in enforcing the Online Safety Act 2025 in Malaysia.

OCC views this regulatory measure as a significant step towards strengthening the accountability of digital platforms operating in Malaysia, particularly in safeguarding children in online environments. Under the Convention on the Rights of the Child (CRC), to which Malaysia is a State Party, children have the right to be protected from all forms of harm, abuse, exploitation and violence, including in digital spaces. These protections are clearly articulated under Articles 3, 19, 34 and 36 of the CRC, which require States, as well as relevant non-State actors, to take proactive and preventive measures to address foreseeable risks to children.

The Child Act 2001 imposes a clear duty on all parties to protect children from physical, emotional and psychological harm, neglect, abuse and exploitation. In today’s digital landscape, this duty necessarily extends to online environments where children increasingly learn, communicate and socialise. Digital platforms that facilitate large-scale online interaction therefore bear a responsibility to ensure that their services are designed, governed and enforced in ways that do not expose children to harm or undermine their well-being.

OCC emphasises that service providers have a duty of care to ensure that their platforms are safe by design and by default for children. This includes implementing effective age-appropriate safeguards, preventing access to harmful content, addressing risks of online sexual exploitation and abuse, ensuring robust content moderation, and providing accessible reporting and remedy mechanisms. The best interests of the child, as a primary consideration under Article 3 of the CRC, must guide platform policies, system design and enforcement practices.

The Deeming Provision introduced by MCMC reinforces the principle that platforms benefiting from significant user bases in Malaysia must also accept corresponding responsibilities under the national regulatory framework. OCC supports MCMC’s efforts to ensure that service providers operate within a clear, consistent and enforceable system that upholds children’s rights to safety, dignity, privacy and development.

OCC looks forward to strengthening its collaboration with MCMC, relevant government agencies and service providers to advance a safer digital ecosystem for children. Protecting children online is not optional but it is a legal and moral obligation under both international human rights law and Malaysia’s domestic child protection framework.

-END-

Detailed information on the implementation of the Deeming Provision can be accessed here or by scanning the QR:

FAQ on Deeming Provision

Office for Children’s Commissioner (OCC)

Human Rights Commission of Malaysia (SUHAKAM)

16 December 2025

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Joint Media Statement Malaysia Commemorates Human Rights Day 2025

MALAYSIA COMMEMORATES HUMAN RIGHTS DAY 2025

KUALA LUMPUR, 11 December 2025 – The Legal Affairs Division of the Prime Minister’s Department (BHEUU), the Ministry of Foreign Affairs (MOFA), the Human Rights Commission of Malaysia (SUHAKAM), and the United Nations in Malaysia jointly commemorated Human Rights Day 2025 with a Forum titled “Protecting Our Future Generations: Human Rights for All.”

The programme was officiated by Yang Berhormat Dato’ Sri Azalina Othman Said, Minister in the Prime Minister’s Department (Law and Institutional Reform). In her remarks, YB Dato’ Sri Azalina emphasised that protecting the rights and dignity of every child is not an option, it is the foundation of Malaysia’s moral strength and our shared responsibility to future generations. As harms evolve, she stressed, our laws and institutions must evolve even faster. Human rights can only flourish when systems are credible, transparent, and accountable. No child should suffer in silence, whether online or offline, and policies affecting children must never be made without hearing their voices. YB Dato’ Sri Azalina affirmed the Government’s commitment to building a Malaysia where every child is safe, valued, and empowered to dream boldly and live fully.

In his welcoming address, SUHAKAM Chairman, Yang Berbahagia Dato’ Seri Mohd Hishamudin Yunus, emphasised: “As we reflect on today’s theme, it is important to recognise that protecting future generations requires sustained commitment in policy development, institutional accountability, and public awareness. He underscored that human rights are a shared responsibility involving government agencies, civil society organisations, educators, parents, and the wider community.”

In his Opening Address, Mr. Robert Gass, UN Resident Coordinator a.i., emphasized: “Human rights are lived or denied in the everyday experiences of every child, in the safety of a home, the fairness of a classroom, the justice of a courtroom, and the dignity of a clinic. As Malaysia strengthens its institutions and renews its commitments under the Convention on the Rights of the Child (CRC), we are reminded that children are not passive beneficiaries but rights-holders whose futures depend on the choices we make today. Our task is simple but profound: to close the gap between the rights we proclaim and the realities children experience.”

Human Rights Day commemorates the adoption of the Universal Declaration of Human Rights. This year’s theme, “Human Rights, Our Everyday Essentials,” holds particular significance for Malaysia as the nation marks 30 years since acceding to the CRC and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and 15 years since ratifying the Convention on the Rights of Persons with Disabilities (CRPD). These international commitments have shaped key national reforms, and as Malaysia prepares for its review with the Committee on the Rights of the Child in 2026, the Forum reaffirmed the importance of sustaining positive momentum through continued dialogue, capacity-building, and strong inter-institutional cooperation.

The Forum, moderated by Ms. Sitti Najihah Md Rusli from UNICEF Malaysia, featured an in-depth panel discussion titled “Children’s Rights in Malaysia: From Commitments to Monitoring and Accountability.” The discussion brought together Dr. Farah Nini Dusuki, Chief Children’s Commissioner of SUHAKAM; Mr. Asmar Asmadi Bin Abdullah Sani, Undersecretary of the Policy and Strategic Planning Division of the Ministry of Women, Family and Community Development; YA Datin Paduka Evrol Mariette Peters, Judge of the Court of Appeal representing the Judiciary, YB Syereleena Abdul Rashid, Member of Parliament for Bukit Bendera and Member of the Parliamentary Special Select Committee on Women, Children and Community Development; Mr. Thiyagu Ganesan, Deputy Director General (Law Reform) of BHEUU and Ms. Jessie Lee Jie Xing, youth representative and Member of the Children’s Consultative Council (2025–2027), SUHAKAM.

The Forum also witnessed the launching ceremony of SUHAKAM “Belia Peduli Hak” module by the Minister in the Prime Minister’s Department (Law and Institutional Reform). This module is a practical resource designed to enhance awareness, empowerment, and meaningful participation among young people across the country.

In her closing remarks, Yang Berbahagia Datin Paduka Anizan Siti Hajjar Adnin, Deputy Secretary General of the Ministry of Foreign Affairs, underscored that protecting children demands a whole-of-society approach, strengthened through broader partnerships with civil society to enhance transparency and accountability. Yang Berbahagia Datin Paduka Anizan Siti Hajjar Adnin further underlined that this commitment reflects the Malaysia Madani vision, which upholds trust, cooperation and the creation of an inclusive and compassionate society for all Malaysians.

The Forum was attended by more than 450 participants from the Government agencies, the diplomatic corps, youth, academia, the private sector, civil society organisations and the media.

Jointly Prepared by:

THE LEGAL AFFAIRS DIVISION, PRIME MINISTER’S DEPARTMENT (BHEUU)
MINISTRY OF FOREIGN AFFAIRS (MOFA)
HUMAN RIGHTS COMMISSION OF MALAYSIA (SUHAKAM)
UNITED NATIONS IN MALAYSIA (UNCT)

11 DECEMBER 2025

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Media Statement No. 56-2025_SUHAKAM Calls for Transparent and Fair Process Following Raid at Wellness Centre

KUALA LUMPUR (10 DECEMBER 2025) – The Human Rights Commission of Malaysia (SUHAKAM) views with grave concern the recent enforcement raid at a wellness centre involving several individuals, including public officers. SUHAKAM acknowledges the role of enforcement agencies in upholding the law and the responsibility of the Public Service Department (PSD) to address allegations of misconduct within the civil service. However, these actions must be carried out in a manner that is consistent with constitutional and legal safeguards, due process, and respect for human dignity.

SUHAKAM notes reports that the raid was conducted and arrests hastily effected without the presence or identification of victims. Enforcement actions, especially involving personal conduct and arrest, must be based on verified information and credible evidence. In the instant case, the absence of identifiable victims and evidence, as clarified by the Kuala Lumpur Police Chief Officer (CPO), raises concerns about the basis of the mass arrests and any ensuing disciplinary measures. SUHAKAM is also concerned by the fact that the individuals arrested were not promptly released despite the magistrate’s refusal to grant the police’s remand application. Any delay in release, let alone a prolonged delay, as is the case here, after the court’s refusal of the remand application raises serious questions about compliance with judicial directions and respect for personal liberty and may undermine due process and constitutional protections.

Credit must be given to the Kuala Lumpur CPO, for being candid in clarifying that ‘All those arrested were investigated under Sections 377/372 of the Penal Code, but there was no evidence to help police pursue the case in that direction.’ (Sunday Malay Mail Nov. 30.) However, this clarification begs the question: If there was no evidence, then, why the mass arrests in the first place? Aren’t the hasty mass arrests constituted violations of Article 5 of the Federal Constitution that no person shall be deprived of his life or liberty saved in accordance with the law?

Where public officers are concerned, SUHAKAM stresses the need to strictly follow the Public Officers (Conduct and Discipline) Regulations 1993, which outline fair, transparent and impartial procedures for investigations, show-cause processes and disciplinary inquiries. Officers must be clearly informed of the allegations and given a meaningful opportunity to respond before any action is taken. These requirements are reinforced by Article 135(2) of the Federal Constitution, which prohibits dismissing or demoting an officer without a reasonable opportunity to be heard. These safeguards ensure disciplinary decisions are made fairly, based on facts and law, and not on premature assumptions or prejudices.

SUHAKAM also expresses concern regarding reports of the exposure of personal identities of individuals involved. The right to privacy and dignity must be protected throughout any investigation. Public disclosure prior to the establishment of facts may cause undue harm and is inconsistent with human dignity and human rights standards, including the principles reflected in the Universal Declaration of Human Rights.

In light of these concerns, SUHAKAM calls on the relevant authorities to ensure that:

i.          All investigations are conducted transparently, objectively, and based on verified evidence;

ii.         The rights of individuals involved, including public officers, are fully upheld in accordance with the 1993 Regulations and constitutional guarantees;

iii.        Personal identities are protected until due process has been completed and findings are established; and

iv.        Any disciplinary processes are not initiated or concluded prematurely before all facts are properly assessed.

SUHAKAM reiterates that safeguarding due process is essential not only to protect individual rights but also to maintain public confidence in enforcement and disciplinary institutions. Fair and transparent investigations and adherence to due process strengthen the rule of law and uphold the integrity of Malaysia’s public service.

-END

Human Rights Commission of Malaysia (SUHAKAM)
Date: 10 December 2025

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Budaya Vigilante di Sekolah: Disiplin atau Buli Terselindung?

Oleh: Prof Madya Dr. Mohd Al Adib bin Samuri
Pesuruhjaya Kanak-Kanak, SUHAKAM
Pensyarah di Fakulti Pengajian Islam, Universiti Kebangsaan Malaysia

Idea artikel ini datang daripada perkongsian beberapa pelajar sekolah dalam sesi libat urus isu buli yang dianjurkan oleh Kementerian Belia dan Sukan baru-baru ini. Dalam sesi tersebut, beberapa pelajar mengakui bahawa wujudnya budaya “senior mendisiplinkan junior” yang masih berleluasa di sekolah dan asrama.

Mereka menyebutnya sebagai “tradisi sekolah atau asrama,” sebagai alasan untuk melatih pelajar baru agar lebih berdisiplin dan patuh. Namun di sebalik niat yang nampak baik, wujud satu budaya yang berbahaya, iaitu budaya vigilante.

Saya sendiri sudah lama berhajat untuk menyentuh isu ini, terutamanya apabila ada isu buli yang menggemparkan negara. Saya juga mendapati terdapat corak yang sama dalam beberapa kes, iaitu buli yang berpunca daripada budaya vigilante.

Apa itu budaya vigilante di sekolah?

Istilah vigilante bermaksud individu atau kumpulan yang mengambil alih peranan penguatkuasaan undang-undang tanpa kuasa yang sah. Dalam konteks sekolah dan asrama, ia berlaku apabila pelajar senior atau pemimpin pelajar seperti pengawas bertindak sebagai “polis” atau “guru disiplin tidak rasmi”.  Mereka menyiasat, menyoal siasat, menggeledah, mengadili dan menghukum rakan pelajar lain tanpa mengikut prosedur yang betul.

Contohnya, apabila ada barang hilang di asrama, beberapa pelajar senior mengambil tindakan sendiri. Mereka memeriksa beg dan almari, menyoal siasat pelajar yang disyaki, malah ada yang mengugut, memukul atau memalukan pelajar tersebut. Semua ini dilakukan atas alasan “mengajar” supaya pelajar lain takut untuk melanggar peraturan.

Bagi mereka, tindakan ini bukan buli, tetapi menganggapnya sebagai “latihan disiplin.” Tanpa mereka sedari, tindakan mereka itu juga terjumlah kepada perbuatan buli. Inilah yang menjadikan budaya ini sukar dibanteras, kerana ia diselindungi dengan alasan tanggungjawab dan tradisi sekolah.

Kenapa budaya ini berbahaya?

Budaya vigilante menanam satu tanggapan yang salah dalam kalangan pelajar. Pada kumpulan pelajar ini, mereka berhak menghukum pelajar lain tanpa proses yang sah. Ia menghapuskan sempadan antara disiplin dan penderaan.

Ramai kanak-kanak tidak faham bahawa setiap tindakan berkaitan siasatan dan hukuman mesti dijalankan mengikut peraturan yang betul. Dalam undang-undang, hanya pihak berkuasa yang dibenarkan menjalankan siasatan, menggeledah barang, menyoal, dan menentukan sama ada seseorang itu bersalah atau tidak.

Jadi, apa yang pemimpin pelajar ini boleh atau sepatutnya lakukan? Mereka sepatutnya membuat aduan dan memaklumkan kepada guru atau orang dewasa yang dipercayai tentang apa yang berlaku atau apa yang mereka temui. Bukannya bertindak sendiri untuk menegakkan “keadilan versi mereka” di tangan mereka.

Dalam masa yang sama, pelajar yang disyaki mempunyai hak untuk didengar, hak untuk membela diri, dan hak untuk dilindungi daripada kekerasan dan keadilan. Apabila pelajar lain mengambil alih peranan itu, ia bukan lagi soal disiplin, ia sudah menjadi buli.

Buli dengan wajah baru

Budaya vigilante ini sering melibatkan penyalahgunaan kuasa dan paksaan. Ada pemimpin pelajar atau pelajar senior yang menggunakan kedudukan mereka untuk menundukkan pelajar lain, sama ada melalui ugutan, ejekan, atau hukuman fizikal. Kuasa yang sepatutnya digunakan untuk memimpin berubah menjadi alat untuk mengawal dan menakut-nakutkan. Apabila kuasa digunakan untuk menyakiti, walau atas nama “mendidik,” ia telah memenuhi ciri-ciri buli, iaitu ada niat untuk menyakiti, ada ketidakseimbangan kuasa, dan ia mungkin berlaku berulang kali.

Dalam banyak kes, budaya vigilante menyebabkan kecederaan fizikal dan trauma emosi. Ada pelajar yang tidak berani melapor kerana takut dibalas dendam oleh senior. Ada juga yang menganggap perkara itu “normal” kerana mereka sendiri pernah menjadi mangsa sewaktu junior dulu.

Inilah kitaran buli yang berulang. Mereka yang menjadi mangsa hari ini mungkin menjadi pelaku esok. Ia diwarisi dari satu generasi pelajar ke generasi berikutnya, dan terus kekal hidup di sekolah dan asrama kita.

Lebih membimbangkan, ada guru atau pemimpin sekolah yang memandang ringan perkara ini, dengan alasan untuk melatih kepimpinan pelajar atau mengekalkan tradisi sekolah. Sedangkan, budaya vigilante bukan perkara kecil. Ia boleh membawa kepada kecederaan serius, kemurungan, malah kehilangan nyawa seperti yang pernah berlaku dalam beberapa kes buli serius di sekolah dan institusi pengajian tinggi.

Hentikan Budaya Vigilante

Setiap kali kita membiarkan pelajar menghukum pelajar lain, kita sebenarnya sedang membenarkan buli berlaku atas nama disiplin. Sudah tiba masanya kita hentikan kitaran ini. Budaya vigilante tidak boleh dibiarkan hidup atas nama “disiplin” atau “tradisi.” Ia mesti diakui sebagai satu bentuk buli, dan tindakan tegas perlu diambil terhadap sesiapa yang melakukannya.

Kita perlu membina suasana sekolah yang selamat, di mana disiplin dikuatkuasakan dengan tegas tetapi berhikmah dan bukannya dengan ketakutan. Ini memerlukan perubahan sikap semua pihak, termasuklah guru, ibu bapa, dan pelajar sendiri.

Pemimpin pelajar dan pelajar senior perlu diberi latihan kepimpinan yang berasaskan empati dan tanggungjawab. Mereka seharusnya menjadi teladan, bukan penguat kuasa tidak rasmi. Kuasa yang diberi kepada mereka adalah untuk melindungi dan membimbing, bukan menakutkan atau disalahgunakan.

Setiap pelajar perlu tahu bahawa tugas menyiasat, mencari barang hilang, menyoal siasat, mendapatkan pengakuan salah dan menjatuhkan hukuman bukan tanggungjawab mereka. Semua itu mesti diserahkan kepada pihak sekolah atau pihak berkuasa. Pelajar bukan polis, bukan peguam, dan bukan hakim. 

Budaya vigilante di sekolah juga bukan tanda disiplin yang baik, tetapi cerminan salah faham terhadap kuasa dan tanggungjawab. Kanak-kanak perlu diajar bahawa undang-undang wujud untuk melindungi semua, termasuk mereka sendiri.

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Media Statement No. 55-2025_SUHAKAM Welcomes Sarawak Government’s Commitment To Improve Rural Accessibility And Close The Rural-Urban Development Gap By 2030

KUALA LUMPUR (25 NOVEMBER 2025) – The Human Rights Commission of Malaysia (SUHAKAM) welcomes the Sarawak State Government’s recent initiatives to enhance connectivity in the northern region, as well as its commitment to close the rural-urban development gap by 2030.

SUHAKAM notes the launch of the Miri-Marudi, Marudi-Mulu (Kuala Melinau), and Long Panai–Long Lama (MMMLL Road) Project on 15 November 2025, which aims to upgrade former logging roads into fully accessible public roads by 2030. This initiative, announced by the Premier of Sarawak, is expected to enhance accessibility, spur economic opportunities, and strengthen social and commercial activities in the interior.

SUHAKAM commends this positive development, recognizing it as a significant step toward ensuring that communities living in remote parts of Sarawak are not left behind due to long-standing infrastructural gaps. Many marginalised and deep-rural communities continue to face challenges in accessing essential services, economic participation, and basic infrastructure. Improved and sustainable connectivity is therefore crucial to advancing their inclusion in the state’s long-term development plans. SUHAKAM hopes that the implementation of the MMMLL Road Project will be undertaken in a sustainable, equitable, and inclusive manner, ensuring that the benefits reach all communities, especially those that have historically experienced limited accessibility.

SUHAKAM also welcomes the Premier’s pledge to close the rural–urban gap by 2030, as reported on 23 November 2025. The Premier stated that there should be no disparity between rural and urban areas in terms of facilities and infrastructure, including access to electricity and clean water supply.

While acknowledging the progress achieved over the years, SUHAKAM notes that many communities in rural Sarawak still left behind in quality of life due to inadequate infrastructure.

SUHAKAM further urges the Sarawak Government to prioritise these long-standing challenges to ensure that rural residents enjoy a standard of living comparable to that of urban communities. SUHAKAM commends the Premier for these forward-looking commitments and reaffirms its readiness, through the Office of SUHAKAM Sarawak to support efforts that uphold the rights and dignity of all people in Sarawak, particularly those residing in underserved and remote areas.

-END-

Human Rights Commission of Malaysia (SUHAKAM)

Date: 25 November 2025

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Media Statement No. 54-2025_SUHAKAM Reaffirms Importance of Enforcing Court Orders in Indira Gandhi Case

KUALA LUMPUR (25 NOVEMBER 2025) – The Human Rights Commission of Malaysia (SUHAKAM) expresses its deep concern over the protracted case of M. Indira Gandhi and her missing daughter, Prasana Diksa. SUHAKAM urges the Inspector-General of Police (IGP) and the Royal Malaysia Police (PDRM) to immediately and fully comply with the recent court order and to intensify all efforts to locate the child without delay.

SUHAKAM reiterates that court orders are binding and must be executed without exception. The High Court has ordered the IGP to locate Prasana Diksa and return her to her mother. Compliance with this order is not discretionary, it is a clear legal duty and any failure or delay in executing a judicial directive is a serious breach that undermines the rule of law, weakens the administration of justice and erodes public confidence in law enforcement institutions.

As the head of the national police force, the IGP bears the ultimate responsibility to ensure that the police carry out the court’s mandate. PDRM possesses the authority, resources and investigative capacity to trace individuals and enforce recovery orders. SUHAKAM calls on the IGP to treat this case with the highest level of urgency, accountability and professionalism, and to ensure that all necessary resources are deployed toward locating the child and securing her safe return.

The rights and best interests of the child must be the central consideration in all actions taken. Reuniting Prasana with her mother is not only a legal obligation but also essential to the child’s emotional, psychological and developmental well-being. SUHAKAM stresses that every reasonable measure must be taken to secure her safety and dignity throughout the process.

SUHAKAM also urges PDRM and the relevant authorities to provide regular, transparent updates to Indira Gandhi, her legal team and the public regarding the status of the search. Silence or inadequate communication only deepens distress and undermines trust. Should there be any operational challenges or legal complexities in enforcing the court order, SUHAKAM calls for these to be clearly explained and for full collaboration with all relevant government agencies to resolve them.

SUHAKAM acknowledges the immense suffering endured by Indira Gandhi over the past 16 years and we are of the view that the recent march to Bukit Aman reflects not only a mother’s enduring pain, but also her unwavering perseverance and pursuit of justice. SUHAKAM expresses its utter disappointment over the failure of the IGP to turn up to receive the symbolic teddy bear from Madam Indira Gandhi, mother of the abducted child, Prasana. Such a conduct gives the negative impression that there was a lack of commitment on the part of the IGP to enforce the order of court and to do what is both morally and legally right to do. As guardian of the public conscience, the IGP is duty-bound to uphold the Rule of Law. Law enforcement institutions must approach this case with the humanity it demands while rigorously fulfilling their legal duties. SUHAKAM therefore calls upon the IGP to honour the court’s directive without delay and to demonstrate an unequivocal commitment to upholding the law. Enforcing judicial decisions is not merely procedural, it is a core human rights obligation and an essential pillar of democratic governance.

SUHAKAM further urges continued support from the public, civil society and all stakeholders. Effective cooperation between the judiciary, law enforcement and social service agencies is critical to ensuring that cases involving missing children are resolved promptly, transparently and in accordance with the rule of law.

-END

Human Rights Commission of Malaysia (SUHAKAM)
Date: 25 November 2025

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Media Statement No. 53-2025_ SUHAKAM Calls for Withdrawal of Charges Against Shipwreck Survivors And Urges Focus On Combating Human Trafficking Networks

KUALA LUMPUR (21 NOVEMBER 2025) – The Human Rights Commission of Malaysia (SUHAKAM) is perplexed and appalled over reports that 11 out of 14 survivors of the recent shipwreck near Langkawi are to be charged under Section 6(1)(c) of the Immigration Act 1959/63 for entering Malaysia without valid documentation. SUHAKAM reiterates that these individuals must not be treated as criminals but recognised as stateless persons and victims of longstanding persecution, displacement, and exploitation.

Most of the survivors are believed to be Rohingya, a community that has been rendered stateless for decades due to persistent exclusion and denial of nationality in their place of origin. As a result, they have been deprived of basic rights and legal protection, forcing many to flee in search of safety. Their journey was not undertaken by choice, but out of sheer necessity and survival. Criminalising them dismisses the structural injustice and ongoing human rights violations that compel such dangerous journeys.

SUHAKAM stresses that treating the survivors as vulnerable persons rather than offenders is a principled and humane approach that aligns with Malaysia’s commitment to human rights. This stance would help shape public understanding, support evidence-based policymaking, and reaffirm Malaysia’s longstanding tradition of compassion towards people in need. It is vital that national discourse does not conflate forced migration with criminal intent. These individuals risked their lives at sea in search of protection and dignity; they should not face prosecution for circumstances beyond their control.

SUHAKAM further urges the authorities to intensify investigations and dismantle the human trafficking networks that prey on stateless and displaced persons. These criminal syndicates exploit desperation, often subjecting individuals to abuse, extortion, and grave danger. Effective enforcement must focus on traffickers, those who profit from exploitation, not on the survivors who are their victims. The authorities should also assess the survivors for indicators of human trafficking in line with the protection principles under the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (ATIPSOM), ensuring that potential victims receive their rights to protection rather than punishment.

SUHAKAM calls on the Attorney-General’s Chambers (AGC), as the guardian of public conscience, to exercise prosecutorial discretion in accordance with humanitarian considerations and Malaysia’s moral and legal obligations. Discontinuing the charges against the survivors would demonstrate Malaysia’s commitment to fairness, proportionality, and respect for human dignity.

SUHAKAM therefore calls for the immediate withdrawal of the charges and urges that the survivors be provided with humanitarian assistance, protection, and due process. Malaysia must remain steadfast in combating trafficking networks while ensuring that enforcement measures do not inadvertently punish the very individuals who require protection.

-END-

Human Rights Commission of Malaysia (SUHAKAM)

Date: 21 November 2025

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Joint Statement on the ASEAN Declaration on the Right to a Safe, Clean, Healthy and Sustainable Environment and ASEAN Declaration on Promoting the Right to Development and the Right to Peace Towards Realising Inclusive and Sustainable Development

KUALA LUMPUR (20 NOVEMBER 2025) – The Human Rights Commission of Malaysia (SUHAKAM) and the Malaysian Representative to the ASEAN Intergovernmental Commission on Human Rights (AICHR) and current AICHR Chair, H. E. Edmund Bon Tai Soon, jointly welcome the adoption of two historic instruments at the 47th ASEAN Summit in Kuala Lumpur, namely the ASEAN Declaration on the Right to a Safe, Clean, Healthy and Sustainable Environment and ASEAN Declaration on Promoting the Right to Development and the Right to Peace Towards Realising Inclusive and Sustainable Development.

These declarations reflect milestone commitments by ASEAN Member States to address pressing regional challenges, from environmental degradation and climate change to inequality and unsustainable development through a human rights-based lens and approach.

We emphasise the critical importance of both substantive and procedural elements of the right to a safe, clean, healthy and sustainable environment: safe climate, clean air, healthy ecosystems and biodiversity, safe and sufficient water, healthy and sustainable food, non-toxic environment, meaningful access to information, effective public participation, and access to remedies and justice. They are essential pillars towards realising the right to a safe, clean, healthy and sustainable environment. Further, the human right to development demands that all facets of the right – economic, social, cultural and political – are protected and enhanced together in an integrated fashion. We further underscore the uniqueness of the Declarations which call for greater corporate responsibility and accountability, ensuring that non-State actors and businesses prevent, cease, reduce, mitigate, and address negative impacts and harm to the environment.

We stress that environmental degradation threatens not only ecosystems but also human health, peoples’ welfare and security, and social stability. For this reason, States must strengthen their legal and institutional frameworks to fully operationalise the rights in the Declarations while aligning domestic policies with the regional commitments enshrined in the Declarations.

SUHAKAM has consistently advocated for including the right to a clean, healthy, and sustainable environment under Article 5(1) of the Federal Constitution. SUHAKAM further recommends that the upcoming National Climate Change Bill (RUUPIN) fully incorporates the key elements and principles of the Declarations.

To move these commitments forward, SUHAKAM and AICHR Malaysia strongly encourage all ASEAN Member States to:

  1. Institutionalise the key elements and principles of the Declarations into national legal frameworks, including through constitutional recognition and law reform.
  2. Ensure that future climate and environmental legislation, such as the RUUPIN, adopt a rights-based approach grounded in access to remedies and justice, transparency, participation, and accountability.
  3. Strengthen institutional capacity and mechanisms to guarantee meaningful access to information, effective public participation, and access to remedies and justice particularly in environmental and development matters emphasising greater protection for groups in vulnerable and marginalised situations such as Indigenous Peoples and environmental human rights defenders.
  4. Establish clear obligations for State and non-State actors, including businesses, to prevent, cease, reduce, mitigate, and address negative impacts and harm to the environment.
  5. Develop regional cross-sectoral and cross pillar cooperation to operationalise the Declarations in a participatory and inclusive manner, involving government agencies in charge of the environment, climate change and development matters, civil society, environmental human rights defenders, and affected local communities.
  6. Monitor and report progress on the realisation of the Declarations transparently and regularly, using publicly accessible mechanisms.
  7. Demonstrate strong political commitment at the highest levels to uphold the Declarations as instruments that shape policy, planning, and governance across ASEAN.

The adoption of these two ASEAN Declarations is a momentous achievement that offers genuine hope for a future in which human rights, environmental sustainability, development, and peace are mutually reinforcing.

As the incoming Chair of the South East Asia National Human Rights Institutions Forum (SEANF), SUHAKAM reaffirms its strong commitment to supporting regional human rights cooperation. In this capacity, both SUHAKAM and SEANF will work closely in support of AICHR’s work, promoting coordinated advocacy, capacity-building, and implementation efforts among SEANF member institutions to advance the principles of the two Declarations across Southeast Asia.

SUHAKAM and AICHR Malaysia stand ready to work in close partnership with governments, civil society, regional bodies, and communities to ensure that these Declarations are not merely symbolic, but are translated into meaningful, binding, bold and enforceable action. We urge all ASEAN Member States to honour their commitments and turn them into lived realities for the ASEAN peoples.

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Human Rights Commission of Malaysia (SUHAKAM)
ASEAN Intergovernmental Commission on Human Rights (AICHR Malaysia)
Date: 20 November 2025