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Media Statement No. 66-2026_SUHAKAM Calls for Rights-Based Approach to Support Longer, Dignified Lives for Older Persons

KUALA LUMPUR (1 OCTOBER 2026) – The Human Rights Commission of Malaysia (SUHAKAM) commemorates the International Day of Older Persons 2026 under the theme ‘The Age of Longevity: Rethinking Systems for Longer Lives’. The theme highlights the need to rethink policies, institutions and systems in response to longer life expectancy and ensure that older persons can continue to enjoy their rights with dignity, equality and independence.

Malaysia is experiencing a significant demographic shift. According to the Department of Statistics Malaysia (DOSM), persons aged 60 years and above accounted for an estimated 4.1 million people, or 12% of Malaysia’s population in 2025, compared with 3.9 million or 11.6% in 2024. DOSM projects that Malaysia will become an ageing nation by 2036, when the proportion of persons aged 60 years and above is expected to exceed 15% of the total population. This demographic change underscores the need for Malaysia to strengthen its preparedness for an ageing society and ensure that policies, services and systems remain responsive to the changing needs of its population.

SUHAKAM stresses that preparing for an ageing society requires more than providing care and welfare assistance. Older persons must have meaningful access to economic security, employment, affordable and accessible healthcare, adequate housing and social protection. They must also be protected from abuse, neglect, exploitation and discrimination and have access to public spaces and services. As digitalisation increasingly shapes access to information and essential public services, efforts towards digital inclusion should also be strengthened to ensure that older persons are not left behind by technological changes.

Meaningful participation must remain central to policies and decisions affecting older persons. Their experiences, knowledge and contributions should be recognised and valued, with opportunities for them to participate in family, community, economic and social life according to their abilities and choices. The protection and well-being of older persons also form part of Malaysia’s broader human rights commitments, including recommendations made during Malaysia’s fourth Universal Periodic Review in 2024 to enhance the rights, protection and well-being of older persons.

SUHAKAM has continued to advance discussions on the rights of older persons through forums and engagements focusing on economic, social and cultural rights, including social protection, healthcare, housing, employment and other aspects of well-being. These engagements have also examined the implications of an ageing population and Malaysia’s preparedness to respond to the needs and rights of older persons at the national and state levels. At the regional level, SUHAKAM in its capacity as Chair of the South East Asia National Human Rights Institutions Forum (SEANF) for 2026, has also brought the rights of older persons into regional discussions as an emerging and cross-cutting human rights issue.

SUHAKAM also reiterates its longstanding support for the development of specific legislation to protect the rights of older persons in Malaysia. As early as 2018, SUHAKAM fully supported the development of an Older Persons Bill following efforts by the Ministry of Women, Family and Community Development to address gaps in existing laws, including in relation to elder abuse and neglect. SUHAKAM maintains that a dedicated legal framework would strengthen the protection of older persons and help ensure that their rights, dignity and well-being are upheld as Malaysia transitions towards an ageing society.

In conjunction with the International Day of Older Persons 2026, SUHAKAM will also commemorate Older Persons’ Day on 7 October 2026 at Rumah Seri Kenangan Cheras under the theme ‘Celebrating Our Older Persons!’, honouring the wisdom, experience and contributions of older persons to our communities and nation. The programme reflects SUHAKAM’s commitment not only to advocate for the rights of older persons, but also to engage with them meaningfully, recognise their contributions and affirm their place as valued members of society.

On this International Day of Older Persons, SUHAKAM calls on the Government, relevant institutions, civil society, communities and families to strengthen collective efforts towards an inclusive society where people can age with dignity, remain active and independent according to their abilities and choices, participate meaningfully in decisions and communities, and continue to enjoy their human rights throughout all stages of life.

-END-

Human Rights Commission of Malaysia (SUHAKAM)
1 October 2026

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Media Statement No. 65-2026_SUHAKAM Urges Halt to Further Returns and Protection of Children

KUALA LUMPUR (1 OCTOBER 2026) – The Human Rights Commission of Malaysia (SUHAKAM) is deeply concerned by the repatriation of 1,476 Myanmar nationals from Malaysia on 29 September 2026, including 27 children, some reportedly as young as eight years old.

The returns come at a time when conflict, displacement and serious human rights violations continue in Myanmar. Recent United Nations reporting points to continuing violence and a worsening human rights situation affecting civilians and vulnerable communities. In these circumstances, the safety and protection needs of every person must be carefully considered before any return takes place.

The principle of non-refoulement protects a person from being returned to a place where they face a real risk of persecution, torture or other serious harm. This principle is enshrined in Article 33 of the Refugee Convention of 1951 and has crystallised into customary international law. Being a principle of customary international law, this principle binds all States regardless of whether or not the States are parties to the Refugee Convention. This means that Malaysia, although not a party to the Refugee Convention, is bound to adhere to this principle. Hence, Malaysia is prohibited by international law to repatriate any refugee or asylum seeker to Myanmar if there is a reasonable risk that his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion. Any violation of this cardinal principle is a violation of international law.

This protection applies regardless of nationality or immigration status and requires the risks faced by each person to be properly assessed before any return takes place. This was also emphasised by the UN Committee on the Elimination of Discrimination against Women (CEDAW Committee) in its 2024 Concluding Observations on Malaysia. The Committee called on Malaysia to fulfil its non-refoulement obligations towards women and girls in need of international protection and to ensure that no individual is expelled without an individual risk assessment.

A return described as “voluntary” must also be genuinely voluntary. Individuals must be able to make an informed decision, without pressure or coercion, and with sufficient information about the conditions they may face upon return. They must also have a meaningful opportunity to raise concerns about their safety and protection before any decision to return them is made. Such “voluntary” decision must be determined by an independent authority such as the UNHCR and not by the Immigration Department.

Children require particular protection. As a State Party to the Convention on the Rights of the Child (CRC), Malaysia has an obligation to protect the rights of every child within its jurisdiction, regardless of nationality or immigration status. Under Article 3 of the CRC, the best interests of the child must be a primary consideration in all decisions affecting them. The CRC also protects every child’s right to life, survival and development, and their right to be heard in matters affecting them. Article 22 further provides for appropriate protection and humanitarian assistance for children seeking refugee protection, whether accompanied, separated or unaccompanied. These protections are particularly important where a child may be returned to a country affected by conflict, displacement and serious human rights violations.

SUHAKAM therefore urges the Government to ensure that no further returns to Myanmar take place without a proper assessment by an independent authority of each person’s protection needs and the risks they may face upon return. Particular attention must be given to children, refugees and asylum seekers, victims of trafficking, and others in vulnerable situations. Relevant international protection actors should also be given appropriate access to assist in identifying those in need of protection.

Malaysia has the responsibility to manage migration and national security, but this must be carried out consistently with its international human rights obligations. Any return must be genuinely voluntary and informed, with adequate safeguards to ensure that no person is returned to a situation where they face a real risk of serious harm. SUHAKAM further calls on the Government to be transparent about any planned returns and to disclose the relevant information on those identified for repatriation, including the breakdown previously requested by SUHAKAM. Greater transparency is essential to ensure that protection needs can be properly identified, particularly where children and other vulnerable persons are involved, and to provide assurance that Malaysia’s human rights obligations are being fully observed.

No child should be returned to danger. Their safety, dignity and best interests must come first. Malaysia’s commitment to human rights must ultimately be reflected in how these principles are applied when the lives, safety and well-being of vulnerable people are at stake.

-END-

Human Rights Commission of Malaysia (SUHAKAM)
1 October 2026

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Joint Media Statement No. 64 – 2026_New CEDAW Handbook Launched to Strengthen Parliamentary Action On Gender Equality

KUALA LUMPUR, 29 SEPTEMBER 2026 — The CEDAW Handbook: Legislating Equality for Parliamentarians was launched today at Legislating Equality: CEDAW & Beyond, a two-day symposium on the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), held at the Malaysian Bar Council.

The symposium, held from 28 to 29 September, was organised by the All-Party Parliamentary Group Malaysia – Gender Equality (APPGM-GE), the Human Rights Commission of Malaysia (SUHAKAM) and the Bar Council Women’s Rights Committee (WRC), with support from the Australian High Commission and the United Nations Population Fund (UNFPA).

Malaysia acceded to the CEDAW in 1995, and as a signatory, the state is reviewed by a UN CEDAW Committee every four years through a submission and presentation of a periodic report. This is followed by the Committee’s Concluding Observations, an assessment of progress made and recommendations to improve the status of gender equality, protection, safety and discrimination against women in all forms.

In 2024, the Committee published its Concluding Observations (COs) on Malaysia’s sixth periodic report, highlighting a number of recommendations for the Government’s attention. Among the key areas highlighted at the Symposium were: (1) the slow progress in enacting legislation to prohibit discrimination against women; (2) the continued prevalence of child marriage; (3) the continued practice of female genital cutting (FGC); (4)Uphold principles of non-refoulement, human rights and international protection of refugee women and girls; and (5) the need for Malaysia to review its remaining reservations to Articles 9 and 16 of CEDAW, particularly in relation to nationality and equality in marriage and family relations.

The CEDAW Handbook was launched as a practical resource to support parliamentarians in understanding and advancing Malaysia’s commitments under the convention. It provides a framework for legislators to consider gender equality and women’s rights in law-making, parliamentary scrutiny and policy development, and to translate Malaysia’s international commitments into concrete legislative action.

Over the two-day Symposium, 14 panel sessions examined the gaps between legislative processes and the lived realities of women, as well as Malaysia’s progress in implementing the CEDAW Committee’s Concluding Observations. Panelists included former parliamentarians, legal experts, members of the CEDAW Committee and representatives from two National Human Rights Institutions (NHRIs), SUHAKAM and Komnas Perempuan Indonesia.

Discussions highlighted the importance of government, NHRIs and civil society working together to strengthen the institutionalisation of CEDAW, including through sustained engagement with Parliamentary Special Select Committees. Speakers also called on parliamentarians to strengthen scrutiny of the Government’s progress in implementing the Concluding Observations and to ensure that adequate resources are allocated towards addressing systemic barriers faced by women and girls. This includes ensuring sufficient allocations in Budget 2027 for systematic and disaggregated data collection on discrimination against women, improving access-to-justice standard operating procedures (SOPs), and introducing temporary special measures to accelerate substantive equality.

Speaking at the Symposium, YB Senator Dr Jufitri Joha, Treasurer of APPGM-GE, emphasised that “gender equality cannot remain an aspiration expressed only in declarations.”

In his closing remarks, he committed to concrete action within parliament:

“The value of this gathering will be measured not only by what we have learned, but by what we do next. Let us carry these insights into our committees, constituencies, parties and ministries. This requires us to strengthen cooperation across political lines and with civil society. We must support reforms that prevent harm, improve remedies and remove the structural barriers that hold women, girls and all vulnerable and marginalised groups back. Above all, we must establish clear responsibilities and track progress, because accountability is what turns commitment into change.”

END

Jointly issued by:

All-Party Parliamentary Group Malaysia (APPGM) – Gender Equality

Human Rights Commission of Malaysia (SUHAKAM)

The symposium is a platform for international and local speakers to share knowledge and examine key women’s rights issues in Malaysia, taking into account the current legal landscape, emerging challenges and local realities. It reviews Malaysian laws in the light of Malaysia’s obligations under the Convention on the Elimination of All Forms of Discrimination against Women (“CEDAW”) and the CEDAW Committee’s concluding observations.

Please contact Kirath (+60143996609) or Abinaya (+60163348455) for further information.

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[OCC] Media Statement No. 63-2026_End the Culture of Seniors Punishing Junior

KUALA LUMPUR (28 SEPTEMBER 2026) – The Children’s Commissioners (CC) of the Human Rights Commission of Malaysia (SUHAKAM) extend deepest condolences to the family of the Form Two student who reportedly died after being found unconscious at a boarding school in Kuala Pilah, Negeri Sembilan.

The CC take the reported incident seriously, particularly reports that preliminary police investigations are examining whether the incident was connected to alleged disciplinary action by a senior student against the deceased, reportedly because the junior was believed to have breached hostel rules. Police have stated that the actual cause of death remains under investigation. The CC stress that no conclusion should be drawn at this stage regarding the guilt, intention or criminal or disciplinary liability of any child involved. The identities and personal details of all children must strictly be protected.

The CC’s concern is therefore not to determine who is at fault in the present case, but to address a broader child-safeguarding issue: Whether any student, including a prefect, dormitory leader, senior student or student leader, assume the authority to punish another student? The answer must be clear: students must never be given, or assume for themselves, the authority to punish other students.

Student leaders may appropriately remind fellow students of school or hostel rules, serve as positive role models, assist with appropriate monitoring, encourage compliance and report suspected misconduct to teachers, wardens or the appropriate school authorities. However, they must not conduct their own investigation; determine that another student is guilty; devise or impose their own punishment; use physical force; threaten or intimidate another student; humiliate or coerce another child; or take any disciplinary action into their own hands. Being a prefect, dormitory leader, senior student or student leader is not a license to punish another child.

Malaysia Has a Formal Framework for School Discipline

Malaysia has an established framework for managing student discipline. The Surat Pekeliling Ikhtisas KPM Bil. 3 Tahun 2026 – Garis Panduan Pengurusan Sekolah Selamat provides for alleged misconduct to be handled through a formal school disciplinary process, including investigation by a teacher appointed by the school principal or head of institution. Disciplinary punishment is to be imposed through the appropriate school authority and in accordance with the applicable KPM procedures.

In restricted situations where corporal punishment is permitted, it may only be administered by the PGB or a teacher specifically authorised to do so, subject to the strictest requirements. This reinforces a fundamental principle: disciplinary action must be undertaken through the school’s formal disciplinary process and by persons authorised under the relevant KPM rules and procedures-not by students against fellow students.

Wardens Have a Duty of Care in Boarding Schools

The Garis Panduan Pelantikan dan Portfolio Warden Asrama KPM, Versi Februari 2025 further establishes the responsibilities of wardens in boarding schools. Wardens perform their responsibilities in loco parentis, with duties relating to the welfare, safety and discipline of students. The Chief Warden is responsible for hostel discipline, while wardens are responsible for ensuring compliance with hostel rules and taking appropriate action in accordance with established procedures. Importantly, reports made by the Chief or members of the Hostel Committee and Dormitory Leaders are to be reviewed and investigated by the warden for appropriate follow-up action.

The intended division of responsibility must therefore remain clear. Student leaders may observe, remind and report concerns to the appropriate school authorities, while wardens and school authorities are responsible for reviewing reports, conducting investigations and taking appropriate disciplinary action in accordance with established procedures. Student leaders must never assume the role of investigating alleged misconduct, determining guilt nor imposing punishment on another student.

End the Culture of ‘Vigilante’ Discipline

The CC are concerned that practices such as ‘teach the junior a lesson’, ‘settle it in the dorm’ or ‘seniors disciplining juniors’ must never become normalised within boarding-school culture. School rules cannot be enforced through students taking the law into their own hands against other children. Seniority status or a student leadership position cannot confer disciplinary authority.

Every student, including a child alleged to have breached a school rule, remains a child entitled to safety, dignity and fair treatment. This is consistent with the principles of the Convention on the Rights of the Child (CRC), including protection from violence and the principle that the best interests of the child must be a primary consideration.

In this regard, CC call on the Ministry of Education to:

  1. Issue a clear nationwide reminder that prefects, dormitory leaders and other student leaders have no independent authority to impose or administer disciplinary punishment against other students.
  2. Review student leadership Terms of Reference across boarding schools to ensure their roles are clearly defined as: REMIND – MONITOR – REPORT. PUNISHMENTS ARE STRICTLY PROHIBITED.
  3. Audit informal disciplinary practices in boarding schools, including senior students punishing juniors, student-imposed physical punishment, informal ‘student courts’, fines or penalties, humiliation, degrading treatment and other coercive practices. This should be undertaken as a preventive safeguarding measure, without prejudging the present case.
  4. Strengthen the warden system by ensuring that wardens are accessible, adequately trained and sufficiently resourced to discharge their responsibilities for student welfare, safety and discipline in accordance with the 2025 KPM Warden Guidelines.

The CC reiterate our condolences to the family of the deceased student and respects the ongoing investigation. All parties are urged to refrain from speculation and from sharing information that could identify or further harm the children involved.

This tragedy must prompt a careful review of informal disciplinary practices in boarding schools. No student should ever believe that they have the authority to punish another child. Student leadership must build responsibility and a culture of care-not create a parallel disciplinary system among children.

-END-

Children’s Commissioners (CC)
Human Rights Commission of Malaysia (SUHAKAM)
28 September 2026

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[Joint Media Statement] SEANF No. 62- 2026 SEANF Commences Formal Review Of MNHRC’s Continued Eligibility For Membership

KUALA LUMPUR (25 SEPTEMBER 2026) – The Governing Board of the South East Asia National Human Rights Institutions Forum (SEANF), under the 2026 Chairpersonship of the Human Rights Commission of Malaysia (SUHAKAM), has commenced a formal review of the Myanmar National Human Rights Commission’s (MNHRC) continued eligibility for SEANF membership. The Governing Board comprises the Chairpersons of SUHAKAM, the Indonesia National Commission of Human Rights (Komnas HAM), the Commission on Human Rights of the Philippines (CHRP), the National Human Rights Commission of Thailand (NHRCT), and the Provedor de Direitos Humanos e Justiça (PDHJ), Timor-Leste.

The review was initiated at a special meeting of the Governing Board convened on 14 August 2026 pursuant to Article 11(6) of the SEANF Rules of Procedure. The review assessed whether MNHRC continues to meet the standards of independence, effectiveness and institutional integrity established by the Paris Principles, which are incorporated into SEANF’s definition of a national human rights institution.

In conducting the review, the Governing Board considered relevant information received by SEANF since 2021, MNHRC’s progress in addressing the recommendations made by SEANF members in 2021, and relevant findings contained in the 2024 report of the Global Alliance of National Human Rights Institutions Sub-Committee on Accreditation. The review also considered the institutional implications of MNHRC’s prospective assumption of the rotating SEANF Chairpersonship in 2027 while questions concerning its continued compliance with SEANF’s membership standards remain unresolved.

On 1 September 2026, SEANF gave MNHRC at least 21 days’ written notice, adopting Rule 12.1(c) of the APF Constitution[1] as an established procedural best practice for a proposed resolution affecting a member’s standing. MNHRC may provide any information, explanation or submission it considers relevant before the Governing Board’s consultation meeting with MNHRC on 1 October 2026.

After considering MNHRC’s response and all other relevant material, the Governing Board will, on 1 October 2026, consider a resolution on whether MNHRC remains qualified for continued membership in SEANF and eligible to assume the rotating SEANF Chairpersonship in 2027, or whether MNHRC should be disqualified from continued membership and declared ineligible to assume the Chairpersonship.

No determination has been made at this stage regarding MNHRC’s continued eligibility for SEANF membership under amended Article 1 of the SEANF Rules of Procedure.[2] MNHRC has been given a reasonable opportunity to respond before the Governing Board considers any resolution, pursuant to Article 24 of the SEANF Rules of Procedure[3] and the procedural best practice reflected in Rule 12.1(c)(3) of the APF Constitution.[4]

SEANF is conducting the formal review in good faith to safeguard the credibility, accountability, independence, and effectiveness of the Forum and its work to promote, protect, and fulfil human rights in Southeast Asia in accordance with the Paris Principles.

-END-


[1] Rule 12.1(c) of the APF Constitution states, “If the Forum councillors intend to propose a resolution under rule 12.1(a), they must give the member written notice at least 21 days before the meeting at which the resolution is to be proposed.”

[2] Amended Article 1 of the SEANF Rules of Procedure states, “NHRI refers to an independent national institution that complies with the Paris Principles and holds a constitutional and/or legislative mandate to promote and protect human rights.”

[3] Article 24 of the SEANF Rules of Procedure states, “Any dispute between members concerning the interpretation or application of, or compliance with this Rules of Procedure shall be settled amicably by consultation or negotiation”.

[4] Rule 12.1(c)(3) of the APF Constitution states, “The member must be given a reasonable opportunity to respond before a decision is made by the Forum councillors.”

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[OCC] Media Statement No. 61-2026_Children Commissioners Call or Child-Sensitive and Protective Response in CSAM Cases Involving Children

KUALA LUMPUR (24 SEPTEMBER 2026) – Children’s Commissioners (CC) of the Human Rights Commission of Malaysia (SUHAKAM) commend the Royal Malaysia Police (PDRM) and the Malaysian Communications and Multimedia Commission (MCMC) for the successful implementation of Ops Pedo3.0, and for their continued efforts to combat child sexual abuse material (CSAM) and online sexual exploitation of children. CC note the reported arrest of 53 individuals, including eight children, the youngest reportedly aged 13, following nationwide operations conducted from 14 to 16 September 2026.

CSAM must be treated with the utmost seriousness. It is not merely illicit or harmful digital content; it is evidence of the sexual abuse and exploitation of children. The production, possession, distribution, sharing, sale and other forms of dissemination of CSAM must be addressed firmly. Equally important are efforts to identify and protect children depicted in such material, stop its further circulation, remove harmful content and prevent further victimisation. Malaysian law expressly criminalises, among other conduct, the production, distribution and possession or control of CSAM under the Sexual Offences Against Children Act 2017 (Act 792).

At the same time, particular caution is required when the person arrested in connection with CSAM-related conduct is a child. A child found in possession of, sharing or allegedly selling CSAM should not automatically be viewed or treated in the same manner as an adult perpetrator. The circumstances of each child must be carefully and individually assessed, including their age, level of understanding, vulnerability, role in the alleged conduct and the circumstances in which they came into possession of or became involved with the material.

A child involved in CSAM-related conduct may, in some circumstances, have been subjected to grooming, peer pressure, threats, coercion, blackmail or sextortion, manipulation, economic exploitation or other forms of online abuse. This does not mean that every child involved is necessarily a victim. Rather, the possibility that a child may have been exploited or coerced must be properly investigated. This is particularly important in light of the legal recognition of child grooming and related sexual offences under Act 792.

CC emphasise that the child justice response should therefore not begin primarily from a punitive perspective. Where a child is suspected of involvement in CSAM-related conduct, the response should include an individual protection and risk assessment, safeguarding measures, investigation into possible grooming or exploitation, psychosocial support and counselling, digital safety education, rehabilitation, family and social support, and diversion where legally appropriate. Such an approach is consistent with the CRC principles concerning the best interests of the child, protection from violence and sexual exploitation, and the reintegration of children in conflict with the law.

A child-sensitive approach, however, does not mean that authorities should ignore unlawful conduct or allow CSAM to continue circulating. Law enforcement must continue to take appropriate action to stop further dissemination, protect and identify child victims, secure and examine relevant digital evidence, identify online networks and facilitators, and investigate any adults who may have groomed, coerced, exploited or profited from children. The distinction is that the role and circumstances of a child must be assessed separately from those of adult perpetrators and exploiters.

CC are also concerned that an overly punitive response towards children may create a risk of further victimisation and under-reporting. A child who has been exploited or coerced may become fearful of approaching authorities or seeking assistance if they believe that disclosure could result primarily in their own criminalisation. This is a risk that should be carefully considered when determining the appropriate response, particularly where there are indications of grooming, coercion or exploitation.

Where a child is found to have participated in the possession, sharing or distribution of CSAM, the response should therefore be child-sensitive, proportionate, rehabilitative and consistent with the principles of child justice. Diversion should be considered where legally appropriate and where it serves the child’s best interests, public protection and the prevention of reoffending. Where deprivation of liberty is contemplated, international child-rights standards require that it be used only as a measure of last resort and for the shortest appropriate period.

CC call upon all relevant authorities to ensure that investigations involving children are conducted with due regard to child protection and child justice principles, while ensuring that adult perpetrators, exploiters and networks facilitating the sexual exploitation of children are fully investigated and held accountable in accordance with the law.

Protecting children from sexual exploitation requires more than enforcement alone. It requires prevention, early intervention, effective digital safety measures, protection and support for victims, rehabilitation of children in conflict with the law, and a justice system that recognises every child as a rights-holder.

END

Children’s Commissioners (CC)
Human Rights Commission of Malaysia (SUHAKAM)

24 September 2026

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[Joint Media Statement] No. 60-2026_Renewal of the SUHAKAM x NHRCN Memorandum of Understanding

KUALA LUMPUR, MALAYSIA (23 SEPTEMBER 2026) – The Human Rights Commission of Malaysia (SUHAKAM) and the National Human Rights Commission of Nepal (NHRCN) have reinforced their bilateral relations through the renewal of a Memorandum of Understanding (MoU) on the Rights of Migrant Workers and People Residing in Both Countries for a period of three years from 2026 to 2028. The MoU was signed by SUHAKAM’s Chairman, Dato’ Seri Mohd Hishamudin Yunus and NHRCN’s Chairperson, Honourable Top Bahadur Magar, at the SUHAKAM Headquarters in Kuala Lumpur, Malaysia.

The MoU was first signed in 2019 with the aim of fostering close cooperation, information sharing, two-way communication regarding complaints, joint monitoring, research, and other related activities to protect the rights of migrant workers and people residing in both countries. The MoU was then renewed twice, extending to 28 March 2024. Throughout the duration of the MoU, SUHAKAM engaged with the non-governmental organisations (NGOs) and civil society organisations (CSOs) working on the issues of Nepali migrant workers, and the Embassy of Nepal in Kuala Lumpur to exchange information regarding Nepali migrant workers in Malaysia. SUHAKAM also carried out its core work in investigating any human rights violation cases faced by migrant workers, including the deaths of Nepali migrant workers.

To date, there are approximately 400,000 Nepali workers in Malaysia. From 2021 until August 2026, SUHAKAM has received a total of 46 complaints involving Nepali workers. The complaints received regarding alleged human rights violations include passports withheld by employers, working twelve hours a day and 30 consecutive days without rest days, unpaid or delayed wages, excessive working hours without overtime pay, unsafe working conditions and inadequate protection.

The renewal of the MoU underscores the commitment of both SUHAKAM and NHRCN to strengthen bilateral cooperation by focusing on investigating any human rights violation cases faced by migrant workers, monitor the condition of the detention centres and infringement of human rights of migrant workers, addressing high fatality rates, conduct policy advocacy on recruitment fees and forced labour risk, conduct meetings with the Social Security Organisation of Malaysia (SOCSO / PERKESO) to enhance access to the social security schemes for Nepali migrant workers in Malaysia, conduct advocacy on gender equality for both the Commissions’ joint actions, considering especially the rights of women migrant workers in precarious and informal employment, review policy from a human rights perspective to recommend to both governments to enhance better access to justice for the migrant workers of the respective countries, conduct capacity building for the Nepali migrant security sector, and other mutually agreed areas of collaboration.

Alongside the MoU Signing Ceremony, the NHRCN will conduct a working visit comprising meetings and consultations with various key stakeholders. The NHRCN met with the Embassy of Nepal in Kuala Lumpur, and the Non-Resident Nepali Association (NRNA) Malaysia to gather information on the current status and context of Nepalese workers in Malaysia. In addition, SUHAKAM has facilitated meetings with the Malaysian Prison Department and SOCSO as part of the fulfilments towards the implementation of the MoU.

Both Commissions encourage Nepali migrant workers in Malaysia who have experienced or witnessed possible human rights violations to lodge a complaint with SUHAKAM by scanning this QR code. The complaint submitted will be handled in accordance with SUHAKAM’s complaint-handling and confidentiality procedures.

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Human Rights Commission of Malaysia (SUHAKAM)
National Human Rights Commission of Nepal (NHRCN)
23 September 2026

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Media Statement No. 59-2026_Equality Before the Law Must Prevail in the Administration of Justice

KUALA LUMPUR (21 SEPTEMBER 2026) – The Human Rights Commission of Malaysia (SUHAKAM) expresses serious concern over the decision allowing former Prime Minister Dato’ Sri Mohd Najib Razak to serve the remainder of his sentence under house arrest. While SUHAKAM fully respects the constitutional prerogative of the Yang di-Pertuan Agong in matters of pardon under Article 42 of the Federal Constitution, this decision raises significant concerns regarding equality before the law, the administration of justice, and public confidence in Malaysia’s commitment to accountability and the rule of law.

Article 8 of the Federal Constitution guarantees that all persons are equal before the law and entitled to its equal protection. This principle must remain at the heart of the criminal justice system. Where a convicted person is permitted to serve a custodial sentence under substantially different conditions from other prisoners, there must be a clear legal basis, transparent and objective criteria, and safeguards against unequal or preferential treatment. Any perception that status, position or influence may result in more favourable treatment risks eroding confidence in the equal administration of justice.

SUHAKAM is particularly concerned about the legal framework governing the present arrangement. In December 2025, High Court Judge Justice Alice Loke Yee Ching held that a house-arrest order was not capable of execution because there was no legal provision establishing such a mechanism in Malaysia. The Court also rejected the argument that release on licence under section 43 of the Prison Act 1995 could simply be equated with house arrest. Against this background, serious questions arise as to the legal basis, enforcement, monitoring and accountability of the present arrangement. Administrative guidelines or ad hoc arrangements should not substitute for a clear legislative framework.

The latest decision must also be considered in the context of the substantial clemency already granted in 2024. Dato’ Sri Najib’s original sentence of 12 years’ imprisonment in the SRC International case was reduced to six years, while his RM210 million fine was reduced to RM50 million. Permitting the remainder of that reduced custodial sentence to be served at home represents a further significant concession. The gravity of the underlying offences must equally remain in view. In the SRC International case, Dato’ Sri Najib was convicted on seven charges of abuse of power, criminal breach of trust and money laundering involving RM42 million. His conviction and sentence were ultimately upheld by the Federal Court. These were serious corruption offences involving public funds and an abuse of the trust attached to the country’s highest political office.

Public-interest concerns are further heightened by Dato’ Sri Najib’s subsequent conviction in the 1MDB case on four charges of abuse of power and 21 charges of money laundering involving approximately RM2.2 billion. The High Court sentenced him to 15 years’ imprisonment and imposed a fine of RM11.38 billion. SUHAKAM recognises that this conviction remains subject to the appellate process and should therefore be treated in accordance with the law pending the outcome of the appeal. SUHAKAM also notes that there has been no clear public acknowledgement of wrongdoing or expression of remorse in relation to the SRC offences, despite the conviction having been conclusively upheld by the Federal Court. Accountability and genuine remorse are relevant to the broader public understanding of clemency, particularly where serious corruption and abuse of public office are involved.

This decision therefore raises concerns extending beyond the circumstances of one individual. It risks weakening public confidence in the administration of justice and Malaysia’s anti-corruption efforts, particularly if it creates the perception that accountability for serious corruption operates differently for those who have held positions of power. Such a perception would undermine the principle of equality before the law and the integrity of the justice system.

The rule of law is tested most clearly when it is applied to those who have held power. Any departure from the ordinary administration of a custodial sentence must therefore rest on a clear legal basis and be capable of transparent and objective justification. Equality before the law cannot be merely a constitutional promise, it must be reflected consistently in the administration of justice, regardless of a person’s status, position or influence.

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Human Rights Commission of Malaysia (SUHAKAM)
21 September 2026

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Media Statement No. 58-2026_SUHAKAM Calls for Responsibility and Respect Following Remarks Involving Catholic Religious Figures

KUALA LUMPUR (17 SEPTEMBER 2026) – The Human Rights Commission of Malaysia (SUHAKAM) expresses concern over recent remarks made at a political gathering in which Christian religious figures and a passage from the Bible were used as part of a sexually suggestive joke.

Regardless of whether the remarks were intended as humour, religious figures, sacred texts and religious practices should not be sexualised, distorted or used for political entertainment. Such remarks can cause deep hurt to the religious community concerned and undermine mutual trust in Malaysia’s multi-religious society. Malaysia’s diversity demands equal respect for all faiths. There should be no double standard when it comes to religious sensitivities: those who expect their own beliefs and traditions to be respected must extend the same respect to those of others.

Freedom of expression is a fundamental right guaranteed under Article 10 of the Federal Constitution. Its exercise, however, carries responsibilities, particularly when addressing religion and other matters that may affect relations among communities. Political leaders and public figures, given the reach and influence of their words, bear a particular responsibility to avoid remarks that demean religious beliefs or figures, marginalise communities, or risk provoking hostility.

SUHAKAM takes note of the apology issued in relation to the remarks. In matters involving religious sensitivities, an apology should be clear, sincere and unconditional, and acknowledge the hurt caused. A meaningful apology should go beyond responding to public criticism and demonstrate a genuine commitment to learn from the incident, avoid its recurrence and rebuild trust.

SUHAKAM urges all parties to respond calmly and responsibly. Any assessment by the authorities must be conducted independently, impartially and in accordance with the law, with due regard to the full context of the remarks. Any restriction on freedom of expression must meet the principles of legality, necessity and proportionality, while enforcement must be consistent and non-selective. Public concern should likewise be expressed through lawful and peaceful means. Political leaders, commentators and social media users should refrain from amplifying the incident in ways that could fuel hostility, collective blame or further division.

Malaysia’s religious harmony must never be taken for granted. The experience of Sabah and Sarawak, in particular, demonstrates that people of different faiths and backgrounds can live together peacefully when relationships are grounded in mutual respect, equality and genuine acceptance of one another.

SUHAKAM reiterates that religion must never be exploited for political amusement or advantage. Respect for religious figures, sacred texts, beliefs and adherents of every faith is fundamental to protecting human dignity and preserving Malaysia’s peace, harmony and unity.

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Human Rights Commission of Malaysia (SUHAKAM)
17 September 2026

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Media Statement No. 57-2026_SUHAKAM Calls For Urgent Human Rights-Based Response To Escalating Transboundary Haze Crisis

KUALA LUMPUR (17 SEPTEMBER 2026) – For more than three decades, transboundary haze has remained a persistent environmental and public health challenge in Southeast Asia, repeatedly exposing communities to harmful levels of air pollution and threatening their health, safety and well-being. The Human Rights Commission of Malaysia (SUHAKAM) expresses grave concern over the worsening haze situation affecting Malaysia, particularly in Sarawak, where several areas have recorded hazardous air quality levels. The current episode has caused severe air pollution in affected communities, necessitating emergency measures, including the closure of schools.

SUHAKAM reiterates that access to clean air is fundamentally a human rights issue. Haze pollution directly threatens the enjoyment of a range of human rights, including the rights to life, health, education, information, safe and healthy working conditions, and a clean, healthy and sustainable environment. The current situation is a stark reminder that transboundary haze is largely a human-induced problem. Its underlying causes include unsustainable land-use practices, peatland degradation, agricultural expansion, land and forest fires, and inadequate accountability and environmental governance mechanisms. While weather conditions may intensify haze episodes, they should not obscure the need to address these underlying and preventable causes.

SUHAKAM is particularly concerned about the public health consequences of prolonged exposure to haze pollutants, especially fine particulate matter (PM2.5), which is associated with respiratory and cardiovascular illnesses, increased hospital admissions and premature mortality. Previous severe haze episodes have also resulted in school closures, disruption to livelihoods, loss of economic productivity and significant healthcare costs.

While environmental degradation affects everyone, its impacts are not experienced equally. Children, pregnant women, older persons, persons with disabilities and individuals with existing health vulnerabilities may face greater health risks. Outdoor workers and lower-income communities may also have fewer options to reduce their exposure, particularly where their livelihoods require them to remain outdoors or where access to adequate protection, healthcare and information is limited.

The right to a clean, healthy and sustainable environment is one of the key areas of SUHAKAM’s work. In 2025, SUHAKAM launched its report, Silent Enemy: Haze Pollution and the Right to Clean Air, which examined the causes and human rights impacts of haze pollution and identified gaps in Malaysia’s legal and institutional framework for environmental governance. This year, SUHAKAM further advanced the discussion through its Forum on Human Rights, Business and Climate Justice 2026, highlighting the responsibilities of both States and businesses in addressing environmental harm and protecting human rights.

In light of the current situation, SUHAKAM reiterates its calls and urges the Government of Malaysia to:

  1. Uphold its duty to protect the right to life and other fundamental rights under the Federal Constitution, while advancing Malaysia’s commitments under the Sustainable Development Goals and the 2025 ASEAN Declaration on the Right to a Safe, Clean, Healthy and Sustainable Environment.
  2. Strengthen access to environmental justice by reviewing and amending the Rules of Court 2012 to facilitate locus standi in environmental proceedings, ensuring that affected individuals, communities and legitimate public-interest litigants are not unduly prevented by procedural barriers from seeking judicial protection and effective remedies for environmental harm.Expedite the Clean Air Act that establishes legally enforceable ambient air quality standards and recognises the protection of public health and environmental rights as central objectives. 
  3. Strengthen regional cooperation through ASEAN mechanisms, including the ASEAN Agreement on Transboundary Haze Pollution (AATHP), to address the root causes of transboundary haze and enhance transparency, information-sharing, hotspot monitoring, prevention, enforcement and accountability.
  4. Fully implement the National Action Plan on Business and Human Rights (NAPBHR), including measures to strengthen corporate accountability and responsible business conduct in relation to environmental and human rights impacts.
  5. Accelerate the implementation of the Sustainable Development Goals, particularly those relating to health, sustainable communities, climate action and environmental protection, through stronger institutional coordination and meaningful stakeholder participation.

The recurring haze crisis demonstrates that the right to clean air cannot be protected through reactive measures alone. A coordinated, rights-based, whole-of-government and whole-of-society approach is urgently needed to address the structural causes of haze pollution and ensure that public health, environmental sustainability and human dignity are not sacrificed for short-term economic interests. SUHAKAM stands ready to work with government agencies, civil society organisations, affected communities, businesses and other stakeholders to advance meaningful and lasting solutions to this recurring crisis.

Ultimately, the air we breathe and the environment we depend upon know no boundaries of gender, race, religion, nationality, legal status or socioeconomic background. Environmental harm in one place can have consequences far beyond its source. This shared vulnerability demands shared responsibility. We must therefore act collectively and without delay to protect the right to a clean, healthy and sustainable environment, not only for those affected today, but for our children, grandchildren and generations to come.

Silent Enemy: Haze Pollution and the Right to Clean Air can be accessed via the QR below: