KUALA LUMPUR (3 June 2025) – SUHAKAM is urgently calling upon the Government to develop and implement a comprehensive national action plan, alongside explicit constitutional recognition, to safeguard the rights of the Indigenous Peoples. These communities have for decades endured systemic neglect, marginalisation, and violations of their fundamental rights, particularly concerning land, identity, and socio-economic inclusion.

As a core recommendation, SUHAKAM reiterates its calls for the establishment of an Independent National Commission on Indigenous Peoples, in line with Recommendation 18 of the National Inquiry into the Land Rights of Indigenous Peoples (National Inquiry). This proposed Commission must be empowered to advise the Government on laws and policies relating to Indigenous Peoples.  In addition, this Commission, as recommended, must propose and monitor sustainable development programmes on Indigenous Peoples’ land; promote participation of Indigenous Peoples at all levels; and conduct research on issues related to the well-being of Indigenous Peoples. The Commission must be composed predominantly of representatives from indigenous communities, selected through transparent consultation and with the endorsement of Indigenous Peoples across Malaysia. This will ensure that the Commission reflects the voices and aspirations of the communities it is meant to serve and affirms the principle of self-determination.

Simultaneously, SUHAKAM reiterates the urgent need for a comprehensive and independent review of the Aboriginal Peoples Act 1954 and the Jabatan Kemajuan Orang Asli (JAKOA), as outlined in Recommendation 14 of the National Inquiry, transforming the JAKOA into a rights-based institution that can provide effective support and protection to the Orang Asli. As the primary federal agency addressing Orang Asli affairs, JAKOA must be reformed to respond to contemporary human rights needs, and not merely to deliver welfare. 

As part of the broader constitutional reform agenda, SUHAKAM calls for the amendment of Article 153 of the Federal Constitution to explicitly recognise the Orang Asli as being entitled to the same constitutional safeguards and affirmative action measures afforded to other indigenous communities in Malaysia, that is to say, the Malays and the Natives of Sabah and Sarawak. This recognition is vital in ensuring that the rights, identities, and entitlements of the Orang Asli are no longer subject to administrative ambiguity or exclusion.

Despite the Government’s acceptance of 17 out of 18 recommendations of the SUHAKAM’s landmark National Inquiry, implementation has remained slow and fragmented. SUHAKAM, therefore, calls for the immediate revival of the Special Cabinet Committee on Indigenous Rights, with specific timelines for implementation, progress monitoring, and periodic public reporting.

SUHAKAM also highlights the critical need to harmonise Federal and State policies, especially regarding the gazettement and legal protection of ancestral and customary lands. The lack of harmonisation of policies has placed indigenous communities in precarious conditions, with frequent reports of displacements, loss of livelihoods, and prolonged disputes. The Federal and State

Governments, as custodians of the Indigenous Peoples’ lands and natural resources, have a solemn responsibility to ensure that the Indigenous Peoples have their land rights protected through clear, consistent, and enforceable policies. This obligation is consistent with Article 8(2) of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which calls on States to prevent and provide redress for actions aimed at dispossessing Indigenous Peoples of their lands, territories, or resources.

The Government of Malaysia must act as the guardian of the Indigenous Peoples by aligning national laws with international human rights instruments, including the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the International Labour Organization Convention No. 169, both of which affirm the right of Indigenous Peoples to free, prior, informed consent (FPIC), the preservation of their cultures, lands, and institutions.

Finally, SUHAKAM insists that any legislation, policy or programme undertaken must include the direct and meaningful participation of indigenous communities and civil society actors. Without their inputs, any reforms-initiated risk being ineffective or rejected by the very communities they are intended to serve.

SUHAKAM remains committed to engaging with all relevant stakeholders to advance the recommendations of the National Inquiry and to ensure the protection and promotion of the rights of the Indigenous Peoples in Malaysia.

-END-

The Human Rights Commission of Malaysia (SUHAKAM)Date: 3 June 2025

KUALA LUMPUR (23 MEI 2025) – Berdasarkan kuasa di bawah Akta Suruhanjaya Hak Asasi Manusia Malaysia 1999 (Akta 597), Suruhanjaya Hak Asasi Manusia Malaysia (SUHAKAM) akan menjalankan siasatan awam terhadap dakwaan pencabulan hak asasi manusia berhubung insiden 17 Januari 2025 di Penjara Taiping, Perak, yang membawa kepada kematian seorang banduan yang berada dalam tahanan.

Siasatan itu bertujuan mengesahkan jika ada terdapat sebarang pelanggaran hak asasi manusia berkaitan insiden tersebut selain tujuan berikut:

(i) untuk mengenal pasti jenis dan sejauh mana pelanggaran berlaku.

(ii) untuk mengkaji bagaimana dan mengapa pelanggaran tersebut berlaku.

(iii) untuk menentukan pihak yang bertanggungjawab terhadap pelanggaran

(iv) untuk mengenalpasti lagkah pencegahan untuk mengelakkan kejadian serupa berulang

Berikut merupakan barisan panel siasatan:

(i)         Dato’ Seri Hishamudin Yunus – Pengerusi SUHAKAM merangkap Pengerusi panel siasatan.

(ii)        Datuk Mariati Robert – Pesuruhjaya SUHAKAM

(iii)       Dr Farah Nini Dusuki – Pesuruhjaya SUHAKAM

Perbicaraan awam itu akan diadakan di Pusat Koreksional Kamunting (KEMTA), Kamunting, Perak, dan dijadualkan berlangsung dalam dua fasa: dari 9 hingga 12 Jun 2025 dan dari 23 hingga 26 Jun 2025. Tarikh tambahan akan diumumkan sekiranya panel merasakan adanya keperluan untuk berbuat demikian.

Orang ramai dan media yang ingin menghadiri prosiding adalah dialu-alukan dengan mengisi pautan pra-pendaftaran di Kod QR berikut:

Untuk sebarang pertanyaan, boleh hubungi Puan Norashikin Hamzah, bahagian Media dan Promosi di Alamat emel shikin@suhakam.org.my atau 019-6215336 dan Encik Safrizaman Mohammad at safrizaman@suhakam.org.my

-END-

The Human Rights Commission of Malaysia (SUHAKAM)

Date: 23 MAY 2025

KUALA LUMPUR (3 MAY 2025) – The Human Rights Commission of Malaysia (SUHAKAM) refers to the publication of the Malaysia Racism Report 2024 by Pusat KOMAS in March 2025. The report provides valuable insights into the ongoing challenges of racism and racial discrimination in Malaysia. The report serves as a timely reminder that, despite 68 years of independence, sadly, the roots of racism and racial discrimination remain deeply embedded in our institutions, public discourse and societal attitudes.

SUHAKAM believes it is both important and urgent to address the growing concerns surrounding racial harmony and discrimination in Malaysia. In line with SUHAKAM’s mandate to promote awareness and advocate for human rights, this statement serves as both a salutary reminder and a call to action for all Malaysians to unite in addressing the persistent issues of racism and discrimination.

Malaysia is a nation built on diversity. Our multicultural and multi-religious heritage is not a weakness but a strength; one that must be nurtured with understanding, mutual respect and a shared commitment to equality. Racial harmony is not merely a national aspiration, it is an essential foundation for national unity, sustainable development and happiness.

SUHAKAM remains steadfast in its stand that racism in any form whether institutional, cultural, or interpersonal has no place in modern Malaysia. Racial discrimination breeds inequality, resentment and division. It undermines the dignity of individuals and communities and erodes the social fabric that binds our nation.

The Federal Constitution offers clear and valuable guidance on the principles of equality and justice. For instance, Article 8 declares that all persons are equal before the law and entitled to equal protection of the law, regardless of race or religion. Article 12 further reinforces the right to equality by affirming the right to non-discrimination in any educational institution maintained by a public authority, thereby fostering an environment where every citizen has equal access to education.

These constitutional guarantees are reflected in the Universal Declaration of Human Rights (UDHR), to which Malaysia is committed, to the extent that its provisions are consistent with the Federal Constitution. Article 1 of the UDHR states that all human beings are born free and equal in dignity and rights.

SUHAKAM recognises that meaningful progress requires more than statements of intent. It demands sustained commitment from all sectors of society government, civil society, political leaders, media practitioners, educators and ordinary Malaysians. Everyone has a role in rejecting hate speech and divisive rhetoric. Everyone has a role in upholding inclusive values and promoting policies that enhance equality and justice.

In this regard, SUHAKAM respectfully urges the Government to introduce a National Harmony Act, a dedicated legislative framework aimed at fostering mutual respect, promoting inclusivity and protecting all communities from hate speech, incitement and discrimination.

We call on all stakeholders to continue engaging in constructive dialogue, implementing educational and policy reforms, and cultivating empathy and understanding across communities. By doing so, we can lay the groundwork for a more just, equitable and united Malaysia.

-END-

The Human Rights Commission of Malaysia (SUHAKAM)

Date: 3 May 2025

KUALA LUMPUR (17 APRIL 2025)   –   The Children’s Commissioner (CC) of the Human Rights Commission of Malaysia (SUHAKAM), is appalled over the low penalties imposed by the Courts on two individuals arrested for possession of 50,000 files of obscene objects/child sexual abuse material (CSAM). The two individuals pleaded guilty under Section 292 of the Penal Code and were fined RM3,000 and RM6,000 by the Petaling Jaya and Shah Alam Magistrates’ Courts, respectively.

The penalties a are grossly inadequate, especially in light of the efforts by the Royal Malaysia Police (PDRM) and the international cooperation from the authorities in Singapore, Thailand, Hong Kong, Japan, and Korea. The minimal fines were just a slap on the wrist to the offenders who could easily afford to pay them, considering that they were professionals. The manifestly inadequate punishments made a mockery of the justice system.

Section 292 of the Penal Code provides for imprisonment of up to three years, or a fine, or both. The CC calls on the Attorney General’s Chambers (AGC) to appeal against the fines and insist for the imposition of appropriate severe punishments that would have deterrent effect on potential offenders.

The CC also earnestly hopes that, when the two in due course are brought to Court on separate charges under Section 10 of the Sexual Offences Against Children Act 2017, the AGC would impress upon the Court to impose sentences of a nature befitting the seriousness of the crimes committed.

The CC supports the PDRM’s recommendation for legislation requiring telcos and ISPs to retain subscriber data for at least two years. In the present case, as data was only retained for six months, the PDRM could not obtain information linked to the other 16 IP addresses and was only able to act on four, leading to current arrests.

The CC stresses that lenient sentences will not serve the public interest and may give the unintended wrong impression that possession of obscene objects/CSAM is tolerable. Harsher penalties are imperative to convey the message that all such crimes, especially when committed against children, are heinous and should be punished accordingly.

-END-

Dr Farah Nini Dusuki

Children’s Commissioner 

17 April 2025

KUALA LUMPUR (23 MARCH 2025) – In conjunction with the International Day for the Elimination of Racial Discrimination observed on 21 March each year, the Human Rights Commission of Malaysia (SUHAKAM) stresses the importance of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) in advancing Malaysia’s development towards a more inclusive and equitable society.

As we commemorate the 60th anniversary of ICERD, SUHAKAM reiterates its stance that racial discrimination, racism, and xenophobia must be addressed comprehensively through legal, policy, and societal efforts. Article 1 of ICERD defines racial discrimination as any distinction, exclusion, restriction, or preference based on race, colour, descent or national or ethnic origin, which undermines the recognition and enjoyment of human rights on an equal footing. This principle of equality is also enshrined in Article 8(1) of the Federal Constitution, which states that all persons are equal before the law and entitled to equal protection of the law.

Despite Malaysia’s progress in fostering unity and peace, racial discrimination and xenophobic sentiments persist, particularly in public discourse and social policies. It is to be recalled that the COVID-19 pandemic had exacerbated discrimination against non-citizens, refugees, and marginalized communities, highlighting the urgent need for systemic reforms. Racism and xenophobia not only violate fundamental human rights but also impede Malaysia’s socio-economic growth by fostering divisions and eroding social cohesion.

SUHAKAM acknowledges the Government’s initiatives to promote national unity, including the National Unity Policy and Action Plan 2021-2030. However, beyond policy development, effective implementation and enforcement mechanisms must be strengthened to ensure tangible progress. This includes enacting comprehensive anti-discrimination legislation, strengthening human rights education, and promoting greater public awareness to combat racial stereotypes and prejudices.

Malaysia’s commitment to upholding human rights and achieving sustainable development can be reinforced by aligning its policies with the core principles of ICERD. By ensuring equal opportunities and fair treatment for all individuals, regardless of race, ethnicity, or nationality, Malaysia can foster a more resilient, harmonious, and prosperous society.

SUHAKAM fervently advocates for Malaysia to manifest its sincere commitment to the elimination of racial discrimination by imminently acceding to ICERD, one of the core human rights treaties. Be it known that as of today, 182 countries are already parties to this important Convention, including ASEAN member states (except Myanmar, Brunei and Malaysia). Sadly, Malaysia is yet to be a party.

SUHAKAM urges all Malaysians to reject racism and discrimination in all forms and to embrace the values of equality, diversity, and mutual respect. It is imperative that we move beyond the surface of unity and work towards dismantling systemic racial discrimination, in line with international human rights standards.

-END-

The Human Rights Commission of Malaysia (SUHAKAM)

Date: 23 MARCH 2025