KUALA LUMPUR (9 JANUARY 2025) – The Human Rights Commission of Malaysia (SUHAKAM) unequivocally reaffirms its independence and steadfast commitment to upholding the Paris Principles, that binds us to the best operational standard of a human rights institute.

SUHAKAM is guided by the government’s operational framework – specifically those governing governance, human resource management and emolument and undergoes regular audits in accordance with all relevant government circulars and standards. 

This rigorous oversight underscores SUHAKAM’s dedication to transparency, accountability and adherence to national regulations.

SUHAKAM is still studying the adaptability of the government’s new emolument scheme and is engaged with the relevant agencies. It is also in-line with SUHAKAM’s overall organisational restructuring programme that has begun since 2024, this initiative is aimed at bolstering organizational efficiency and ensuring equitable opportunities for all employees. 

SUHAKAM is open to discussion especially on how to best safeguard the interest of our employees and remains unwavering in our commitment to fostering a positive, collaborative work environment. 

We appreciate the public’s ongoing trust and reassure all stakeholders that SUHAKAM continues to uphold the highest standards of governmental oversight in emolument and operational matters. 

-END-

The Human Rights Commission of Malaysia (SUHAKAM)
Date: 9 January 2025

KUALA LUMPUR (19 DECEMBER 2024) – The Human Rights Commission of Malaysia (SUHAKAM) expresses its deep concern over the decision of the Terengganu Syariah Court in the case of Mohd Affendi Awang, a 42-year-old carpenter, who was sentenced to six lashes in public after being convicted of repeated khalwat (close proximity) offences under Section 31(a) of the Syariah Criminal Offences (Takzir) (Terengganu) Enactment 2022. This punishment undermines human rights, dignity and the rule of law. The Commission takes note that the whipping under Syariah laws is different from civil law. Be that as it may, the sentence not only constitutes cruel, inhuman and degrading treatment but also raises serious questions regarding the legality of public caning under the Federal Constitution and federal law.

A Clear Breach of Human Rights

Public caning is an affront to human dignity and violates a basic principle enshrined in both international law and the Federal Constitution of Malaysia. Article 5 of the Constitution guarantees the right to life and personal liberty, which the courts have affirmed includes the right to live with dignity (Tan Tek Seng v Suruhanjaya Perkhidmatan Pendidikan [1996] 1 MLJ 261).

The public execution of such a punishment exacerbates its degrading nature, subjecting the individual to humiliation, anguish and shame. Such practice is not only inconsistent with human rights standards but it also dehumanizes the individual and perpetuates a cycle of stigma, rather than focusing on rehabilitation.

Jurisdictional Overreach and Legal Irregularities

SUHAKAM is of the view that the Terengganu Syariah Court, in imposing public whipping, exceeds its jurisdiction as conferred by federal law, namely, the Syariah Courts (Criminal Jurisdiction) Act 1965 [Act 355], which only permits whipping and not public whipping.

Section 125(3)(c) of the Terengganu Syariah Criminal Procedure Enactment 2001, which permits the Syariah Court to direct the place of whipping to be before the public, is not envisaged by Act 355. The Commission is of the view that directing whipping before the public renders the punishment in excess of, or ultra vires to, Act 355, as well as to be in violation of the jurisdictional limitation imposed by Item 1 of the State List of the Federal Constitution.

The Need to Uphold Dignity and Rule of Law

Punishments that inflict physical violence and public humiliation have no place in a modern justice system. They undermine Malaysia’s commitments to human rights, tarnish its legal integrity and erode the dignity of individuals – a value upheld by all religions, including Islam.

SUHAKAM is steadfast in advocating for the abolishment of corporal punishments regardless whether imposed by judicial authorities or by educational authorities.

It is high time that Malaysia becomes a party to the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), as many other Muslim-majority countries have already ratified or acceded to this convention.

We respectfully call upon the relevant authorities to reconsider the implementation of public caning; and instead to respect and uphold the Federal Constitution, federal laws and human rights. We must endeavour to abolish practices that violate human dignity and to focus instead on rehabilitative justice.

Judicial punishments must never be carried out at the cost of human dignity. Public caning, regardless of whichever authority that imposes it, constitutes cruel and degrading treatment and has no place in a society that values justice, compassion and the rule of law.

-END-

The Human Rights Commission of Malaysia (SUHAKAM)
Date: 19 December 2024

KUALA LUMPUR (10 DECEMBER 2024) – The Human Rights Commission of Malaysia (SUHAKAM) marked Human Rights Day 2024 under the theme “Empowering Our Rights, Securing Our Future: Business Responsibility for People and Nation”. Co-organized with the Ministry of Foreign Affairs, the Legal Affairs Division of the Prime Minister’s Department and the United Nations in Malaysia, the event highlighted the critical role of businesses in advancing human rights.

In his Welcome Address, SUHAKAM Chairman Dato’ Seri Mohd Hishamudin Md. Yunus stressed that human rights are fundamental obligations enshrined in the Federal Constitution and Malaysia’s international commitments. He called for the urgent adoption of a National Action Plan on Business and Human Rights (NAPBHR), emphasizing that ethical corporate practices are essential for sustainable economic growth and social justice.

SUHAKAM urged stronger measures to address forced labour, unsafe working conditions and environmental harm, advocating for greater accountability, labour protections and whistleblower empowerment. Emerging threats such as online hate speech and digital exploitation were also identified as urgent challenges requiring a rights-based approach.

The Chairman outlined five key priorities for strengthening Malaysia’s human rights framework:

1. Ratification or Accession of International Treaties: Malaysia must take definitive steps to accede to the Refugee Convention of 1951, as well as ratify or accede to the remaining key human rights treaties, including the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (CAT) and the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR);
2. Promoting Equality: Combat gender inequality, xenophobia and discrimination against marginalized communities;
3. Ensuring Access to Justice: Ensuring access to justice is fundamental to a rights-respecting society – this includes strengthening legal aid mechanisms and institutional accountability;
4. Enhancing Human Rights Education: Integrate human rights into schools, workplaces and communities – an informed society is better equipped to uphold its rights and respect the rights of others; and
5. Advancing Business and Human Rights: Align corporate practices with the UN Guiding Principles on Business and Human Rights.

While noting progress made, Mohd Hishamudin emphasized the need for continued reforms to address inequalities and protect vulnerable groups such as children, persons with disabilities, refugees and the urban poor.

He called for collective action from the government, businesses and civil society, stating, “The realization of human rights is a shared responsibility. Together, we can build a Malaysia where human rights are not only protected but celebrated”.

Meanwhile, during the event, SUHAKAM Vice Chairman, YM Tengku Mohamed Fauzi Tengku Abdul Hamid, who was one of the panellist during the forum, touched on the transition to a green economy is vital for ASEAN, driving sustainable development while protecting the environment for future generations. By creating green jobs in renewable energy, waste management, sustainable agriculture and conservation, alongside investments in solar, wind, hydro and geothermal innovation, ASEAN can align economic growth with environmental stewardship. Electrification, biodegradable alternatives and reduced reliance on non-renewables are key steps forward.

“ASEAN must incentivize sustainable practices, penalize harmful activities and ensure corporate accountability. Establishing a Regional Environmental Court, as proposed at the ASEAN MPs Conference on 13 July in Kuala Lumpur, would strengthen governance and environmental justice. These bold steps position ASEAN as a global leader in sustainability, innovation and prosperity”.

-END-

The Human Rights Commission of Malaysia (SUHAKAM)
Date: 10 December 2024

KUALA LUMPUR (8 DECEMBER 2024) – The Human Rights Commission of Malaysia (SUHAKAM) commends the International Criminal Court’s (ICC) for the recent issuance of arrest warrants for the Israeli Prime Minister, Benjamin Netanyahu, his former defence minister Yoav Gallant and a senior Hamas official. The move signifies a crucial step towards accountability for the gravest violations of international human rights law in Gaza, including genocide, ethnic cleansing and crimes against humanity. This decision by the ICC underscores the global community’s shared commitment towards upholding justice and the rule of law in the face of egregious acts that contravene fundamental liberties and human rights.

It is estimated that the current death toll in Gaza has exceeded 44,300. According to UN sources, between Nov 2023 and April 2024, 70% of Palestinian deaths in Gaza are women and children.

The Rome Statute of the International Criminal Court (ICC) allows the prosecution of those responsible for international crimes, such as genocide, crimes against humanity, war crimes and crimes of aggression. The ICC was established in 2004 after the Rome Statute was adopted on 17 July 1998. Currently there are 124 States who are parties to the Rome Statute.

Sadly, Malaysia is not a party to the Rome Statute.

SUHAKAM, since 2005, has consistently been advocating for Malaysia to be a party to the Rome Statute. SUHAKAM is of the view that acceding to the Rome Statute will be a legal avenue for Malaysia to bring justice to all victims of human rights violations. 

It is to be recalled that in 2019 the Malaysian government, upon the advice of the then Attorney-General, almost acceded to the Rome Statute. Malaysia had deposited with the United Nation the instrument of accession to the Rome Statute. This was followed by the Foreign Affairs Ministry issuing a press release announcing Malaysia’s accession to the Rome Statute. Unfortunately, before the accession could legally take effect, the government had to withdraw it due to strong opposition from some quarters.

Had Malaysia been a party to the Rome Statute, we would be able to refer the atrocities committed in the Gaza conflict to the Office of the Prosecutor of the ICC for investigation and prosecution.

SUHAKAM consistently supports international mechanisms that advance the protection of human rights. SUHAKAM had previously supported decisions by other international judicial bodies, such as the International Court of Justice (ICJ), whenever such decisions align with SUHAKAM’s mandate to advocate for the protection and promotion of human rights. Similarly, SUHAKAM views the ICC’s actions as essential in addressing systemic violations, including the deprivation of basic necessities like water and food, acts of oppression and ethnic cleansing, all of which represent severe affronts to human dignity.

Consistent with the position and role taken by Malaysia with respect to the plight of the Palestinian people and the atrocities committed by Israel, SUHAKAM urges the Government of Malaysia to reconsider its position and to now imminently accede to the Rome Statute. Accession would mark a significant step towards demonstrating Malaysia’s sincerity and commitment towards addressing international crimes, upholding justice and contributing actively to the international human rights framework.

SUHAKAM calls on all stakeholders, both domestically and internationally, to support actions aimed at holding perpetrators of gross human rights violations accountable. Let us remember that justice for victims transcends borders and is a shared responsibility of the global community.

In conclusion, SUHAKAM remains committed to championing human rights, advocating for justice and speaking out courageously and transparently against violations, irrespective of geographical or political considerations.

-END-

The Human Rights Commission of Malaysia (SUHAKAM)
Date: 8 December 2024

KUALA LUMPUR (7 DECEMBER 2024) – The Human Rights Commission of Malaysia (SUHAKAM) proudly announces the successful conclusion of the Human Rights Festival Sarawak 2024, held today at The Hills, Kuching. Organized in conjunction with Human Rights Day, the festival brought together a vibrant and diverse community under the theme “Empowering Our People, Securing Our Future”.

This event offered an inclusive platform to raise human rights awareness and foster collaboration among government agencies, civil society organizations and the public. People of all ages participated in a wide range of activities aimed at inspiring action and building meaningful connections.

Key highlights of the festival included:

1. Interactive exhibitions by NGOs and government agencies, providing information on support services and raising public awareness.
2. Cultural performances, including traditional dances and performances by elderly and disabled artists, celebrating Sarawak’s rich diversity and talent.
3. Special demonstrations, such as handicraft weaving, recycling workshops and live art by Deaf artist Toon, promoting creativity and inclusivity.
4. Film screenings and talent showcases that tackled important social issues while fostering unity and understanding through art and expression.

SUHAKAM is dedicated to empowering communities, which is crucial for building a prosperous and inclusive Sarawak. The festival served as a reminder of our shared responsibility to safeguard the rights of all, especially children and vulnerable groups, to create a fair and sustainable future.

We extend our heartfelt gratitude to the partners, exhibitors and performers whose dedication made this event possible. Their commitment to promoting human rights highlights the strength of community action in driving positive change. As we move forward, SUHAKAM remains steadfast in advocating for equality, dignity and justice for all. Let’s continue working together to address inequalities and create opportunities for everyone to thrive.

Lastly, SUHAKAM wishes to thank the people of Sarawak for their enthusiastic participation and support. We look forward to seeing you at future events as we continue our collective journey toward a more inclusive and just society.

-END-

The Human Rights Commission of Malaysia (SUHAKAM)
Date: 7 December 2024

KUALA LUMPUR (3 DECEMBER 2024) – The Human Rights Commission of Malaysia (SUHAKAM) commemorates the celebration of the International Day of Persons with Disabilities. In this commemoration, we stand in solidarity with persons with disabilities (PWDs) in Malaysia, and around the world.

The theme for this year, “Amplifying the leadership of persons with disabilities for an inclusive and sustainable future”, underscores the critical role PWDs play in shaping policies, communities, and a more inclusive future. It reminds us of the importance of amplifying the leadership of PWDs to achieve an inclusive and sustainable future. Leadership is not just about representation, it is also about empowering PWDs to actively engage in decision-making processes, ensuring that their voices are heard, and their rights are respected. We must recognize the efforts of numerous leaders within the disability community who have tirelessly advocated for inclusivity, accessibility, and equality, often in the face of significant challenges.

SUHAKAM commends the recent amendment to the SUHAKAM Act 1999, which mandates the inclusion of at least one Commissioner for PWDs in the decision-making process. To facilitate this commitment, SUHAKAM urges the swift appointment of the PWDs Commissioner to provide necessary support and action for individuals with disabilities. SUHAKAM reaffirms its commitment to safeguarding and promoting the rights of PWDs, advocating for stronger legislative frameworks, enhanced accessibility, and greater opportunities for PWDs to assume leadership roles across all sectors. By empowering PWDs’ leadership, we can truly create an inclusive society where every individual, regardless of ability, can thrive and contribute meaningfully.

Malaysia has been a state party to the Convention on the Rights of Persons with Disabilities (CRPD) for over 14 years. Malaysia signed the Convention on 8 April 2008 and ratified the same on 19 July 2010. In 2008 Parliament passed the Persons with Disabilities Act 2008 [Act 685] (PWDs Act).

It is high time now to incorporate the international Convention into the Federal Constitution. In this regard, SUHAKAM calls for amendments to Article 8(2) and Article 12 of the Federal Constitution to explicitly prohibit discrimination based on disabilities. SUHAKAM believes that significant work remains to address the challenges faced by persons with disabilities. PWDs need protection against torture and abuse, as well as recognition of their rights to nationality and movement. Therefore, it is crucial to lift the reservations to Articles 15 and 18 of the CRPD. SUHAKAM also urges the Government to expedite the submission of the National State Report on the CRPD.

SUHAKAM believes that significant work remains to address the challenges of persons with disabilities. PWDs are critically left out of access to education, health, information, and employment. Every PWD needs to be protected against fake, false and inappropriate information. There should be a platform to provide access to accurate and thorough information. Politicians, policymakers, PWDs and the community need to be further educated on PWDs’ rights.

SUHAKAM, therefore, urges the Government and all sectors of society to collaborate and take decisive actions to fully realize the rights of persons with disabilities in Malaysia. Among the measures to be taken is to advocate for amendments to the PWDs Act so as to provide for punishment or remedy for violations of the Act. Together, we can drive meaningful change. This is a crucial moment to embrace the motto “Nothing Without Us” as it highlights the importance of PWDs involvements and contributions. 

SUHAKAM further advocates for the empowerment of the National Council for Persons with Disabilities. SUHAKAM takes this opportunity to stress that state governments must be earnest in their responsibility in ensuring accessibility for individuals with disabilities. SUHAKAM is actively conducting a survey to evaluate the accessibility services provided to persons with disabilities by local governments. We urge all local and state governments to take this survey seriously by expeditiously sharing their feedback to improve these essential services. Additionally, the Plan of Action for Persons with Disabilities 2016-2022 has exceeded its two-year timeline and is now positioned for a vital renewal that will strengthen our efforts for the future.

As we commemorate this important day, let us all unite to amplify the leadership of persons with disabilities and create an environment that supports their invaluable contributions. Together, we can build a future where dignity, respect, and equality are realities for all.

-END-

The Human Rights Commission of Malaysia (SUHAKAM)
Date: 3 December 2024

KUCHING (2 DECEMBER 2024) – The Human Rights Commission of Malaysia (SUHAKAM) will commemorate Human Rights Day with the Human Rights Festival Sarawak 2024, to be held at The Hills, Kuching on 7 December 2024 from 10:00 am to 9:00 pm. This annual observance marks the adoption of the Universal Declaration of Human Rights (UDHR) in 1948, a landmark document that affirmed the inalienable rights of all individuals, irrespective of race, religion or background.

This year’s theme, “Empowering Our People, Securing Our Future”, underscores Sarawak’s dedication to building a prosperous, inclusive and sustainable society. The theme focuses on empowering individuals, especially children to secure a brighter and more equitable future for all Sarawakians.

The festival will feature exhibitions, interactive activities and thought-provoking discussions aimed at:

1. raising awareness of human rights and available support services;
2. building connections among diverse stakeholders, fostering friendship and collaboration;
3. encouraging exhibitors to showcase services that support human rights; and
4. presenting human rights education in a fun, casual and engaging format to inform and involve the public.

In commemorating Human Rights Day 2024, SUHAKAM calls on the government, civil societies society, businesses and the public to unite in upholding human rights. By working together, we can make a lasting impact for future generations. 

SUHAKAM warmly invites families, youth, students and community leaders to join this celebration. Together, we can empower our communities, address inequalities and create a society based on fairness, dignity and opportunity for all.

-END-

The Human Rights Commission of Malaysia (SUHAKAM)
Date: 2 December 2024