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Media Statement No. 42-2025_SUHAKAM Condemns Attack on Humanitarian Flotilla, Urges Release of Malaysians and Others Held Illegally

KUALA LUMPUR (3 October 2025) – The Human Rights Commission of Malaysia (SUHAKAM) joins the Government of Malaysia and the international community in condemning the reported attack by Israeli forces on the Global Sumud Flotilla, a peaceful humanitarian mission carrying aid to Gaza. The incident, which has resulted in the detention of activists, humanitarian workers, and crew members, including Malaysians, represents a grave violation of international human rights and humanitarian law.

The abduction and detention of civilians engaged in humanitarian work contravene fundamental principles of the Universal Declaration of Human Rights, the Geneva Conventions, and international maritime law. The right to life, liberty and security of person must be upheld in all circumstances, and humanitarian actors must never be targeted for carrying out their lawful and moral duty to provide relief to those in need.

SUHAKAM stresses that the Global Sumud Flotilla is a legitimate and peaceful initiative aimed at delivering urgently needed humanitarian assistance to Gaza. At a time when Palestinians face catastrophic conditions of displacement, starvation, and systemic violations of their rights, obstructing humanitarian aid not only violates international law but undermines the very principles of humanity and dignity.

SUHAKAM calls for the immediate and unconditional release of all those detained, including the 12 Malaysians, and for the safe and unhindered passage of humanitarian relief into Gaza. We further urge the United Nations and the international community to uphold international law, to take concerted action against atrocities, and to ensure accountability for violations of human rights and humanitarian principles.

Malaysia has consistently stood in solidarity with the Palestinian people in their pursuit of justice, dignity, and self-determination. SUHAKAM reaffirms this position and underscores that the protection of civilians and humanitarian workers is not optional, but a binding obligation under international law that all states must respect and enforce.

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Human Rights Commission of Malaysia (SUHAKAM)

Date: 3 October 2025

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Media Statement No. 41-2025_SUHAKAM Welcomes the Appointment of Its New Commissioners (2025-2028)

KUALA LUMPUR (27 September 2025) – The Human Rights Commission of Malaysia (SUHAKAM) warmly congratulates the six newly appointed Commissioners, whose term will run until 19 August 2028. The new Commissioners are:

  1. YBhg. Datuk Mary @ Mariati Robert
  2. Tuan Dahim Anak Nadot
  3. Puan Bathmavathi a/p K. Krishnan
  4. YBhg. Dato’ Ahmad Azam bin Ab Rahman
  5. YBhg. Datuk Tay Lee Ly
  6. Tuan Abdul Kadir Jailani bin Ismail

These appointments by His Majesty Seri Paduka Baginda Yang di-Pertuan Agong, upon the advice of the Prime Minister under section 5 of the Human Rights Commission of Malaysia Act 1999 [Act 597], reflect the Government’s commitment to strengthening SUHAKAM’s role as Malaysia’s national human rights institution in line with the Paris Principles.

With their wealth of professional experience, knowledge, and longstanding service in various fields, SUHAKAM is confident that the new Commissioners will bring fresh perspectives, renewed energy, and strong leadership to the Commission. The diversity of their backgrounds reflects the breadth of Malaysian society and strengthens SUHAKAM’s ability to address a wide range of human rights concerns at both national and international levels.

SUHAKAM looks forward to working collectively with the new Commissioners to further strengthen our role as an independent national human rights institution. We will continue to carry out our mandates and be critical in addressing emerging human rights challenges, including the protection of vulnerable groups, the advancement of economic, social, and cultural rights, the promotion of civil and political freedoms, and the strengthening of institutional reforms in line with Malaysia’s international commitments.

SUHAKAM reaffirms its commitment to promoting justice, equality, dignity, and respect for the rights of all persons in Malaysia and will continue to play an influential role in shaping a more just and inclusive society.

-END-

Human Rights Commission of Malaysia (SUHAKAM)
Date: 27 September 2025

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Kenyataan Media No. 40-2025 (OCC)_Penjelasan Mengenai Undang-undang Rogol Statutori: Melindungi Kanak-kanak daripada Eksploitasi

KUALA LUMPUR (24 September 2025) – Pejabat Pesuruhjaya Kanak-kanak (OCC), SUHAKAM ingin memberikan penjelasan kepada orang awam mengenai prinsip undang-undang berkaitan rogol statutori di bawah Seksyen 375(g) Kanun Keseksaan, khususnya berhubung isu persetujuan (consent) dan perlindungan kanak-kanak.

Undang-undang ini digubal atas asas bahawa kanak-kanak perempuan bawah umur 16 tahun tidak mempunyai kapasiti undang-undang untuk memberikan persetujuan kepada sebarang bentuk hubungan seksual. Ini bermakna, walaupun wujud keadaan yang dilihat sebagai “suka sama suka”, undang-undang tetap menganggap kanak-kanak perempuan sebagai mangsa. Rasionalnya ialah kanak-kanak perempuan masih belum matang dari segi fizikal, mental dan emosi, dan mudah terdedah kepada manipulasi, pujukan atau eksploitasi oleh pihak lain. Berikutan itu, kanak-kanak perempuan yang menjadi mangsa perlu dilindungi oleh undang-undang bagi mengelakkan trauma berganda dan memastikan mereka tidak dipersalahkan atau dihukum. Hukuman dalam kes ini hanya dikenakan kepada pihak lelaki yang melakukan perbuatan tersebut, sama ada lelaki dewasa atau kanak-kanak di bawah umur 18 tahun.

Bagi pelaku kanak-kanak lelaki, undang-undang membolehkan mereka didakwa, tetapi tertakluk kepada prinsip khas keadilan kanak-kanak. Menurut Seksyen 91 Akta Kanak-Kanak 2001 [Akta 611], mahkamah akan mengenakan perintah untuk kanak-kanak yang didapati bersalah seperti penempatan di sekolah diluluskan (Sekolah Tunas Bakti) dan Sekolah Henry Gurney. Pendekatan ini menyeimbangkan prinsip akauntabiliti dengan memberikan peluang kedua kepada kanak-kanak, agar pelaku kanak-kanak tidak dihukum seperti pesalah dewasa tetapi tetap bertanggungjawab dan diberikan pemulihan.

OCC menegaskan bahawa undang-undang rogol statutori bukan untuk menghukum kanak-kanak perempuan yang menjadi mangsa, tetapi untuk melindungi mereka daripada sebarang bentuk eksploitasi dan diskriminasi. Undang-undang ini mencerminkan komitmen Malaysia terhadap kepentingan terbaik kanak-kanak sebagaimana yang digariskan dalam Konvensyen Mengenai Hak Kanak-kanak 1989 (CRC) dan Akta 611.

OCC menyeru semua pihak, khususnya agensi penguatkuasa, pendidik dan masyarakat, untuk memahami dan mempertahankan prinsip ini. Melindungi kanak-kanak adalah tanggungjawab bersama, dan setiap mereka berhak mendapat perlindungan penuh daripada eksploitasi serta peluang untuk membesar dengan selamat dan sihat.

-TAMAT-

Pejabat Pesuruhjaya Kanak-Kanak (OCC)
Suruhanjaya Hak Asasi Manusia Malaysia (SUHAKAM) 

Tarikh: 24 SEPTEMBER 2025

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Media Statement No. 40-2025 (OCC)_Clarification on Statutory Rape Laws: Protecting Children from Exploitation

KUALA LUMPUR (24 September 2025) – The Office of the Children’s Commissioner (OCC), SUHAKAM wishes to provide clarification to the public regarding the legal principles of statutory rape under Section 375(g) of the Penal Code, particularly on the issue of consent and the protection of children.

This law is based on the principle that girls under the age of 16 do not have the legal capacity to give consent to any form of sexual activity. This means that even if a situation appears to be “mutual,” the law still regards the girl as a victim. The rationale is that girls at this age are not yet mature physically, mentally, or emotionally, and are easily exposed to manipulation, persuasion, or exploitation by others. Therefore, the law ensures that girls who are victims are protected from double trauma and are not blamed or punished. Punishment in these cases applies only to the male perpetrator, whether he is an adult or a child under the age of 18.

For male child perpetrators, the law allows them to be charged, but subject to the special principles of juvenile justice. According to Section 91 of the Child Act 2001 [Act 611], the court has the authority to issue orders for children, including placement in approved institutions (Sekolah Tunas Bakti) or Henry Gurney Schools. This approach strikes a balance between accountability and rehabilitation, providing young offenders with a second chance. They are not punished like adult criminals, but are still held responsible and undergo rehabilitation.

The OCC emphasises that statutory rape laws are not intended to punish girl victims, but to protect them from any form of exploitation and discrimination. These laws reflect Malaysia’s commitment to the best interests of the child as outlined in the Convention on the Rights of the Child (CRC) and the Child Act 2001.

The OCC calls on all parties, particularly enforcement agencies, educators, and society at large, to understand and uphold this principle. Protecting children is a collective responsibility, and every child deserves full protection from exploitation and the opportunity to grow up safely and healthily.

-END-

The Office of the Children’s Commissioner (OCC)
Human Rights Commission of Malaysia (SUHAKAM) 

Date: 24 September 2025

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Media Statement No. 39-2025_SUHAKAM Reaffirms the Importance of FOE in Malaysia

(KUALA LUMPUR) 22 SEPTEMBER 2025 – The Human Rights Commission of Malaysia (SUHAKAM) notes with concern over recent reports that the president of University of Malaya Association of New Youth (UMANY) is under police investigation for statements he had made in the course of the Association’s activities. It was reported that he had suggested that the matriculation system be replaced by STPM as the sole standard for admission into public universities. One may agree or disagree with his view, but it is far-fetched to say that his statement is the subject of a crime and deserves investigation under section 505(b) of the Penal Code.

SUHAKAM wishes to reiterate here that freedom of speech and expression is a fundamental right guaranteed under Article 10 of the Federal Constitution and remains an essential part of Malaysia’s democratic framework. This right is also enshrined in international human rights standards, including Article 19 of the Universal Declaration of Human Rights and Article 19 of the International Covenant on Civil and Political Rights (ICCPR). Whilst 174 countries have already ratified or acceded to the ICCPR, Malaysia, sadly, has yet to be a party to this International Covenant. SUHAKAM has consistently advocated for Malaysia’s accession to the ICCPR, and for national laws and practices to align with these universal principles. By doing so, it would signal Malaysia’s strong commitment to human rights and strengthen its democratic institutions.

Student organisations and youth groups play a vital role in shaping democratic discourse by bringing new perspectives, asking difficult questions, and contributing to constructive debate. Their voices, regardless their political views,  should be protected and encouraged, as they represent an important part of Malaysia’s future leadership and democratic growth. Silencing or discouraging their participation risks weakening civic engagement at a time when inclusive dialogue is most needed. Moreover, as had been said by Justice Hishamudin Yunus in the landmark Court of Appeal case of Muhammad Hilman Idham & Ors v. Kerajaan Malaysia [2011] 9 CLJ 50 –

“Universities should be the breeding ground of reformers and thinkers, and not institutions to produce students trained as robots”.

We wish to add here that scholarship cannot flourish in an atmosphere of suspicion and distrust.

SUHAKAM recognises the important role of the Royal Malaysia Police (PDRM) in maintaining public order and safety. However, SUHAKAM is of the view that investigations involving matters of expression should be conducted with sensitivity, proportionality, and respect for constitutional guarantees. Hence, SUHAKAM advocates that it is high time that the PDRM and other enforcement agencies cease practising the stereotyped approach often perceived as being anti-human rights; and instead adopt a matured and professional rights-based approach in such matters. A matured and professional rights-based approach will help to strengthen public confidence and public respect in law enforcement institutions whilst ensuring that the space for open dialogue remains safeguarded.

SUHAKAM reiterates its long-standing position that freedom of expression is the cornerstone of a healthy democracy. We urge all parties to work together to foster an environment where diverse voices, especially those of youth, can be expressed openly and constructively in the spirit of building for a more tolerant, democratic and rights-respecting Malaysia.

-END-

Human Rights Commission of Malaysia (SUHAKAM)

Date: 22 September 2025

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Media Statement No. 38-2025_SUHAKAM Calls on Malaysian Government to Intervene in Imminent Executions of Malaysians in Singapore

(KUALA LUMPUR) 10 SEPTEMBER 2025 – The Human Rights Commission of Malaysia (SUHAKAM) expresses grave concern over reports of the imminent executions of four Malaysian citizens, Datchinamurthy a/l Kataiah, Pannir Selvam Pranthaman, Saminathan a/l Selvaraju, and Lingkesvaran Rajendaren who are currently on death row in Singapore for drug-related offences.

SUHAKAM’s stance against the death penalty is rooted in our unwavering belief in justice, dignity, and the possibility of rehabilitation for all. The mandatory death sentence strips judges of the discretion to weigh the individual circumstances of each case, undermining the principles of fairness that should form the foundation of any legal system.

Although Article 6 of the International Covenant on Civil and Political Rights (ICCPR) permits the use of the death penalty only for the “most serious” crimes, SUHAKAM emphasizes that the Human Rights Committee, which interprets the Covenant, has consistently ruled that drug-related offences do not meet this standard.

The planned execution violates Article 3 of the Universal Declaration of Human Rights (UDHR), which affirms that “everyone has the right to life, liberty and security of person.” The irreversible nature of the death penalty, particularly in cases with significant mitigating factors, erodes the core values of human dignity and justice.

In line with Malaysia’s own reform path, including the abolition of the mandatory death penalty in 2023, SUHAKAM reiterates its opposition to the death penalty in all circumstances, and stresses that the use of capital punishment for drug offences is both unlawful and disproportionate.

SUHAKAM therefore urges the Malaysian Government to:

  1. Take all possible diplomatic and legal measures to safeguard the rights and lives of Malaysian citizens on death row abroad.
  2. Engage international and regional human rights mechanisms to ensure their cases receive due consideration; and
  3. Continue Malaysia’s leadership role in advocating for the progressive abolition of the death penalty at the regional and international levels.

SUHAKAM stands firm in advocating for justice, compassion, and the inherent rights of all individuals, regardless of nationality or circumstance and will continue to support efforts to protect the rights of Malaysians overseas and to advance the broader movement towards the abolition of the death penalty.

-END-

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

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Joint Media Statement_MoU Signing Between SUHAKAM and the Human Rights Commission of the Maldives (HRCM)

PUTRAJAYA, MALAYSIA (8 SEPTEMBER 2025) – Today, the Human Rights Commission of Malaysia (SUHAKAM) and the Human Rights Commission of the Maldives (HRCM) signed a four-year Memorandum of Understanding (MoU) commencing on 8 September 2025.

The MoU was signed by SUHAKAM’s Chairman, Dato’ Seri Mohd Hishamudin Yunus, and HRCM’s President, Ms. Mariyam Muna. The MoU formalises the intention of both national human rights institutions (NHRIs) to strengthen cooperation through consultations, information exchange, capacity building, knowledge sharing and the exchange of experiences in the promotion and protection of human rights at national, regional and international levels.

The Republic of Maldives, by its constitution, a democratic Republic based on the principles of Islam, acceded to UNCAT on 20 April 2004, and ratified the Optional Protocol (OPCAT) on 15 February 2006. In April 2008, as prescribed under the OPCAT, the government of the Maldives legislatively designated HRCM as the National Preventive Mechanism (NPM).

By this MoU, SUHAKAM, through the HCRM, seeks to draw on the experiences and best practices of the Republic of Maldives. This knowledge exchange is expected to strengthen SUHAKAM’s advocacy for Malaysia’s accession to UNCAT, particularly, in addressing issues relating to the compatibility of UNCAT with Shari’ah law. At the same time, HRCM expresses interest in learning from SUHAKAM’s initiative in human rights education, particularly, the Human Rights Best Practices (ATHAM) in Schools programmes, designed to inculcate awareness and understanding of human rights among teachers and students in schools.

The MoU underscores the commitments of both SUHAKAM and HRCM to strengthen bilateral cooperation by focusing on training and capacity building vide the Human Rights-Based Approach (HRBA), technical assistance, and the sharing of expertise on areas including, but not limited to, UNCAT, Shari’ah law and human rights education as well as any other mutually agreed areas of collaboration.

Both institutions hope that this MoU will provide a meaningful platform for stakeholders in Malaysia and the Maldives to engage in constructive dialogue on human rights issues and to advance the shared objectives of the agreement.

The MoU signing ceremony was held in conjunction with the Closed-Door High-Level Dialogue on Torture Prevention at The Everly Putrajaya, Putrajaya, on 8 September 2025. The dialogue was officiated by SUHAKAM’s Chairman, Dato’ Seri Mohd Hishamudin Yunus, whilst HRCM’s President, Ms. Mariyam Muna, participated as a resource person, sharing HCRM’s expertise and the Republic of the Maldives’s experience in harmonising international human rights frameworks with Islamic Principles in acceding to UNCAT.

-END-

Human Rights Commission of Malaysia (SUHAKAM)
Human Rights Commission of the Maldives (HRCM)
Date: 8 September 2025

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Media Statement No. 37-2025_SUHAKAM Welcome Gig Workers Bill, Calls for Strengthened Protections and Inclusive Consultation

KUALA LUMPUR (28 AUGUST 2025) – The Human Rights Commission of Malaysia (SUHAKAM) welcomes the tabling of the Gig Workers Bill 2025 as an important step towards recognising and protecting the rights of gig economy workers in Malaysia. Gig workers, including e-hailing and p-hailing drivers as well as freelancers across various sectors, play a vital role in supporting Malaysia’s economy and providing essential services to the public.

By introducing legal recognition and extending social and workplace protections, the Bill marks a positive move towards addressing long-standing vulnerabilities faced by gig workers. These include gaps in social protection, uncertainty in employment status, lack of dispute resolution mechanisms, and insufficient safeguards for fair remuneration and occupational safety.

At the same time, SUHAKAM believes that further refinements are necessary to ensure that the Bill fully delivers on its promise of dignity and fairness for gig workers while maintaining the genuine flexibility that makes the gig economy attractive to many and an important engine of economic growth.

Therefore, SUHAKAM wishes to recommend the following:

i.          A clear framework to ensure guaranteed minimum payment rates, either by hours worked or tasks completed, including clarity on deductions for contributions and the timeline for wage payments by service providers.

ii.         Mandatory contributions by service providers to PERKESO/EPF must be enforced, with legal action taken against non-compliant companies.

iii.        Right to privacy must be respected and workers’ personal data should not be misused for rating or scoring systems, consistent with Article 12 of the Universal Declaration of Human Rights (UDHR).

iv.        Access to legal aid should be extended to gig workers, covering legal advice and representation at tribunals. The National Legal Aid Foundation’s (YBGK’s) resources should be strengthened to enable support for gig workers.

v.         Gig workers must be explicitly permitted to unionise under the Industrial Relations Act 1967 (Revised 1976) (Act 177) (IRA) and engage in collective bargaining to ensure their voices are heard in shaping fairer working conditions.

SUHAKAM further emphasises that the establishment of the Special Gig Economy Workers Commission (SEGIM) must consider that gig workers’ issues are cross-cutting in nature, involving multiple ministries. Effective coordination is therefore essential to ensure comprehensive protection and coherent policy responses.

In line with its statutory mandate to advise and assist the Government on matters relating to human rights, SUHAKAM regrets that it was not consulted in the drafting of the Bill, despite the recent amendment of the SUHAKAM Act which further strengthens its advisory role. SUHAKAM also expresses concern that the Government only made the Bill public at a very last stage in the legislative process. SUHAKAM should have been formally included in the consultation process. Therefore, SUHAKAM urges the Ministry concerned that at the Second Reading stage of the Bill in Parliament the Bill is not passed as yet. Instead the Bill ought to be submitted to the appropriate Parliamentary Select Committee for detail scrutiny by the PSC of the provisions of the Bill.

SUHAKAM stands ready to work with the Government and relevant stakeholders to ensure that the legislation is consistent with human rights principles and contributes to the goal of decent work for all.

-END-

Human Rights Commission of Malaysia (SUHAKAM)
Date: 28 August 2025