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SUHAKAM AGAINST DEATH SENTENCES IN ZULFARHAN CASE

KUALA LUMPUR (25 JULY 2024) – The Human Rights Commission of Malaysia (SUHAKAM) expresses its deepest condolences to the family of Zulfarhan Osman Zulkarnain, whose tragic death on June 1, 2017, has profoundly affected the nation. We acknowledge the recent Court of Appeal decision sentencing six former National Defence University of Malaysia (UPNM) cadets to death for the murder of Zulfarhan. While we share in the grief and anguish of the family and recognize the severity of the crime, SUHAKAM stands resolutely against the use of the death penalty.

SUHAKAM believes that the death penalty is not a just or effective solution. The death penalty is a form of punishment that is irreversible and does not allow for the possibility of rehabilitation in the event of judicial error. It also goes against the global movement towards the abolition of capital punishment, which many countries have recognized as inhumane and a violation of fundamental human rights.

The decision by the Court of Appeal to sentence the six cadets to death marks a sad and solemn moment in Malaysia’s judicial history.

In this context, it is essential to emphasize the need for rehabilitation. Rehabilitation can transform offenders into responsible and constructive members of society. This approach not only addresses the root causes of such violent behavior but also helps prevent future occurrences by promoting understanding, empathy, and social responsibility among offenders.

Our commitment to human rights mandates that we advocate for the abolition of the death penalty. SUHAKAM calls upon the Malaysian government to reconsider the use of capital punishment and to continue working towards a justice system that is fair, humane, and just for all.

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Human Rights Commission of Malaysia (SUHAKAM)

25 July 2024

JOINT PRESS STATEMENT BY SUHAKAM AND THE MALAYSIAN BAR

KUALA LUMPUR (12 JULY 2024) – The Human Rights Commission of Malaysia (SUHAKAM) and The Malaysian Bar are delighted to announce a collaborative effort to organise a series of Intensive Human Rights Law and Litigation Training programs for young lawyers and SUHAKAM officers. Beginning in August 2024 and extending through mid-June 2026, these training sessions will be held in Sabah, Penang, and Sarawak.

The training programs will cover a diverse array of critical human rights issues relevant to Malaysia’s socio-political landscape. Topics to be addressed include Statelessness, Indigenous Peoples’ Rights, Land Encroachment, Children’s and Women’s Rights, Freedom of Expression, Freedom of Information, Right to Life, and Freedom of Religion.

The official launch of the training program took place at SUHAKAM’s headquarters in Kuala Lumpur. The ceremony was attended by SUHAKAM Chairman YBhg. Dato’ Seri Mohd Hishamudin Md Yunus and Malaysian Bar President Mr Mohamad Ezri Abdul Wahab, who formally inaugurated the training initiative. The event was also attended by SUHAKAM Commissioners, YBhg. Prof. Dato’ Noor Aziah Mohd Awal, YBhg. Datuk Mariati Robert and YBrs. Dr Chew Chee Ming; Co-Chairperson and Deputy Chairperson of Bar Council Human Rights Committee, Ms Cassandra Nicole Thomazios and Mr Abang Iwawan; and Mr Eero Oinonen, Political Officer from the Delegation of the European Union to Malaysia.

The primary objective of this training initiative is to instil core human rights values among young lawyers, fostering a commitment to universal human rights principles in Malaysia. Participants will acquire in-depth knowledge of legal frameworks, judicial precedents, and litigation strategies pertinent to human rights issues. SUHAKAM and the Malaysian Bar anticipate that this program will promote engagement with grassroots communities, strengthen civil society organisations (CSOs), and encourage pro bono legal support.

This comprehensive training initiative, which aims to benefit approximately 100 young lawyers and selected SUHAKAM officials, represents a financial commitment of approximately RM250,000. The training is wholly funded by the European Union Grant Project titled “Advancing Human Rights in Malaysia via Strategic Approaches in Education and Awareness Raising.”

The meeting also discussed increasing access to justice for vulnerable populations, prison reforms including measures to counteract prison overcrowding, as well as the ratification of international human rights treaties such as the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), and the 1951 Refugee Convention. The meeting further discussed strengthening collaboration between SUHAKAM and the Malaysian Bar.

SUHAKAM and the Malaysian Bar are enthusiastic about the positive impact of this training program and are dedicated to nurturing a new generation of human rights advocates committed to advancing social justice and equality in Malaysia.

KENYATAAN MEDIA BERSAMA OLEH SUHAKAM DAN MAJLIS PEGUAM MALAYSIA

SUHAKAM DAN MAJLIS PEGUAM MALAYSIA MENGANJUR LATIHAN INTENSIF UNDANG-UNDANG DAN LITIGASI HAK ASASI MANUSIA

KUALA LUMPUR (12 JULAI 2024) – Suruhanjaya Hak Asasi Manusia Malaysia (SUHAKAM) dengan kerjasama Majlis Peguam Malaysia berkolaborasi dalam usaha sama untuk menganjurkan satu siri program Latihan Intensif Perundangan dan Litigasi Hak Asasi Manusia untuk peguam muda dan pegawai SUHAKAM. Sesi latihan ini akan diadakan di Sabah, Pulau Pinang, dan Sarawak bermula pada Ogos 2024 sehingga pertengahan Jun 2026.

Program latihan ini merangkumi pelbagai isu hak asasi manusia yang berkaitan dengan landskap sosio-politik Malaysia. Topik yang akan dibincangkan termasuk Kewarganegaraan, Hak-Hak Orang Asal, Pencerobohan Tanah, Hak Kanak-Kanak dan Wanita, Kebebasan Bersuara, Kebebasan Maklumat, Hak untuk Hidup, dan Kebebasan Beragama.

Majlis perasmian program latihan tersebut telah diadakan di ibu pejabat SUHAKAM di Kuala Lumpur dan dirasmikan oleh Pengerusi SUHAKAM YBhg. Dato’ Seri Mohd Hishamudin Md Yunus dan Presiden Majlis Peguam Malaysia, Encik Mohamad Ezri Abdul Wahab. Majlis ini turut dihadiri oleh Pesuruhjaya SUHAKAM, YBhg. Dato’ Noor Aziah Mohd Awal, YBhg. Datuk Mariati Robert dan YBhg. Dr. Chew Chee Ming; Pengerusi Bersama dan Timbalan Pengerusi Jawatankuasa Hak Asasi Manusia, Cik Cassandra Nicole Thomazios dan Encik Abang Iwawan; dan Encik Eero Oinonen, Pegawai Politik dari Delegasi KesatuanEropah ke Malaysia.

Objektif utama inisiatif latihan ini adalah untuk memupuk nilai-nilai teras hak asasi manusia dalam kalangan peguam muda, serta menggalakkan komitmen kepada prinsip-prinsip hak asasi manusia sejagat di Malaysia. Para peserta akan mendalami pengetahuan mengenai rangka kerja undang-undang, doktrin duluan kehakiman, dan strategi litigasi yang berkaitan dengan isu-isu hak asasi manusia. SUHAKAM dan Majlis Peguam Malaysia berharap program ini akan dapat meningkatkan penglibatan komuniti akar umbi, mengukuhkan organisasi masyarakat sivil (CSO), dan menggalakkan sokongan bantuan guaman secara pro bono.

Inisiatif latihan komprehensif ini akan memberi manfaat kepada kira-kira 100 peguam muda dan pegawai SUHAKAM yang terpilih melibatkan kos kewangan dianggarkan sebanyak RM250,000. Latihan ini dibiayai sepenuhnya oleh Projek Geran Kesatuan Eropah yang bertajuk “Memajukan HakAsasi Manusia di Malaysia melalui Pendekatan Strategik dalam Pendidikan dan Peningkatan Kesedaran.”

Antara perkara lain yang dibincangkan adalah mengenai isu intuk meningkatkan akses kepada keadilan bagi golongan rentan, reformasi penjara termasuk intervensi dalam menangani kesesakan di penjara,ratifikasi triti hak asasi manusia antarabangsa termasuk Konvensyen Menentang Penyeksaan dan Perlakuan atau Hukuman Lain yang Kejam, Tidak Berperikemanusiaan atau Menjatuhkan Maruab (UNCAT) dan Konvensyen Pelarian 1951 serta memperkukuhkan lagi kerjasama antara SUHAKAM dan Majlis Peguam Malaysia. SUHAKAM dan Majlis Peguam Malaysia amat teruja dengan impak positif program latihan ini dan berdedikasi untuk terus memupuk generasi baharu yang mendukung hak asasi manusia dan komited untuk memajukan keadilan sosial dan kesaksamaan di Malaysia.

KUALA LUMPUR (11 JULY 2024) – The Human Rights Commission of Malaysia (SUHAKAM) is pleased to announce that the amendments to the SUHAKAM Act has come into force yesterday (10 July 2024), marking a significant milestone in the strengthening of human rights protection in Malaysia. This momentous achievement underscores SUHAKAM’s unwavering commitment to upholding and advancing human rights for all in Malaysia.

The amendments to the SUHAKAM Act include eleven key provisions designed to enhance the effectiveness and scope of the Commission’s work. These amendments are as follows:

1. Strengthening the functions of the Commission
2. Enhancing the functions of the Office of the Children’s Commissioner under the governance of the Commission
3. Appointment of Commission Members
4. Appointment of a Chief Children’s Commissioner and two Children’s Commissioners
5. Remuneration
6. Code of Conduct
7. Investigation Tribunal
8. Payment of allowance to the Selection Committee
9. Obligation of Authorities and Relevant Persons to Inform actions taken
10. Powers related to Investigations
11. Regulations

Additionally, the amendments to Section 4 empower SUHAKAM with new responsibilities and rights, including:

1. The authority to visit any place of detention, institution, or other locations as prescribed by law and outlined in the guidelines related to these places;
2. The ability to make recommendations to place of detention, institution and other place if necessary; and
3. Ensuring that if the procedures prescribed by law or outlined in the guidelines related to these places are adhered to, visits by the Commission to any place of detention, institution, or other place, cannot be obstructed by the persons responsible for these places.

These amendments represent a comprehensive effort to fortify SUHAKAM’s role and operational capabilities. With these amendments, SUHAKAM is now better equipped to address a wide range of human rights issues, including but not limited to prison reform, racial discrimination, xenophobia, freedom of religion and the rights of vulnerable groups such as the Orang Asli / Asal and stateless individuals.

SUHAKAM extends its deepest appreciation to YB Dato’ Sri Azalina Othman Said, Minister in the Prime Minister’s Department (Law and Institutional Reform) for her steadfast dedication and leadership in advancing the rule of law. Her commitment has been instrumental in the successful tabling and debate of three Annual Reports of 2020, 2021 and 2022.

Furthermore, SUHAKAM acknowledges the contributions of YB Tuan M. Kulasegaran, Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform) and his ongoing efforts to promote human rights in Malaysia.

The debates on the Annual Reports have highlighted a broad spectrum of human rights concerns, from economic and social protections for marginalized groups to mental health awareness and prison reform.

The amendments are a testament to SUHAKAM’s serious dedication to ensuring equality, accountability, and the continuous improvement of human rights standards in Malaysia. The Commission remains committed to working collaboratively with all stakeholders, including government agencies, civil society organizations and non-governmental organizations to implement vital recommendations and drive meaningful change.

For more detailed information on the SUHAKAM Annual Reports and Financial Statements for 2021 and 2022, please visit our website at http://www.suhakam.org.my.

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Human Rights Commission of Malaysia (SUHAKAM)

11 July 2024

KUALA LUMPUR (10 JULY 2024) – The Human Rights Commission of Malaysia (SUHAKAM) is pleased to announce the appointment of Dato’ Seri Mohd Hishamudin Yunus as its new Chairman, effective 3 July 2024. His appointment was approved by Yang di-Pertuan Agong Sultan Ibrahim Sultan Iskandar under the Human Rights Commission of Malaysia Act 1999 [Act 597].

Dato’ Seri Mohd Hishamudin has an extensive and distinguished career in the Malaysian Judicial and Legal Service, beginning as a magistrate in Kuala Lumpur in 1973. He has held several key positions, including President of the Sessions Court, Deputy Public Prosecutor, State Legal Advisor for Selangor, Deputy Parliamentary Draftsman, and Chief Registrar of the Supreme Court.

In 1984, he was admitted as an Advocate and Solicitor of the Malaysian Bar. Eight years later, in 1992, he was appointed as a Judicial Commissioner, subsequently becoming a High Court Judge in 1994 and later a Judge of the Court of Appeal in 2009, where he served until his retirement in September 2015. Notably, he was appointed by the International Bar Association Human Rights Institute (IBAHRI) to lead a fact-finding mission to South Africa, investigating the impact of a proposed constitutional amendment on judicial independence.

On 21 November 2016, Dato’ Seri Mohd Hishamudin was appointed by the government as Chairman of the Independent Committee of Inquiry into the fire tragedy at Hospital Sultanah Aminah, Johor Bahru. On 4 September 2018, he was appointed as a member of the Judicial Appointments Commission (JAC), and the following day, he became Chairman of the Competition Commission of Malaysia (MyCC). Additionally, he chaired the Independent Committee on the Management of Foreign Labour for the Ministry of Human Resources, tackling issues related to foreign workers.

With his vast experience in human rights, judiciary matters, and various independent inquiries and committees, Dato’ Seri Mohd Hishamudin’s leadership is expected to greatly benefit SUHAKAM. His guidance, knowledge, advice, and commitment are anticipated to further strengthen SUHAKAM as Malaysia’s National Human Rights Institution.

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Human Rights Commission of Malaysia (SUHAKAM)

10 July 2024

KUALA LUMPUR (5 JULY 2024) – The Human Rights Commission of Malaysia (SUHAKAM) welcomes the recent announcement on the establishment of the Gig Workers Commission. This initiative is a significant step forward in addressing the challenges faced by gig economy workers and ensuring their rights and welfare are protected.

SUHAKAM was made to understand that the establishment of this Commission would take into consideration of six matters including relevant legislation, a grievance mechanism, the structure and functions of the Commission, social protection, occupational safety and health, and integrated database for the registration of gig workers and platform providers. SUHAKAM hopes that this Commission will as act as a safeguard to protect the welfare of the workers and thus, enacting the right laws that comprehensively address industry challenges is crucial. This will also allow the formation of policies in dealing with matters related to social security of gig workers. In view of the above, SUHAKAM calls for the Commission to be provided with enforcement power for the protection of the gig workers.

Since 2021, SUHAKAM has been actively engaged in consultations with various stakeholders, including gig workers, particularly the e-hailing and p-hailing workers, companies and government agencies, to understand the pressing issues within the gig economy. These discussions have observed the following key concerns:

1. Lack of clear definitions and classifications for gig workers
2. Ambiguous legal status of gig workers leading to exploitation and lack of protection
3. Insufficient social protection measures, including healthcare and retirement benefits, SOCSO and insurance coverage
4. Absence of robust complaint mechanisms for gig workers to address grievances
5. Lack of collective agreement terms of employment, hindering the ability of gig workers to exercise work related rights, such as stability of employment, paid holiday and sick leave, maternity leave, annual leave, medical benefits, minimum wage, and the right to organise a union and collectively bargain
6. Income instability due to the nature of gig work
7. Lack of adequate floor and fair pay standards
8. Work-related stress and mental health issues, due to inconsistent demand, job security, long working hours, pressure to arrive on time, and the risk of work-related harm while driving.

SUHAKAM notes that policy development for the Gig Workers Commission is currently underway. In this regard, we acknowledge the collaborative efforts between Ministry of Human Resources (KESUMA) and University Malaya, who are conducting vital research to identify key areas that need to be addressed by the proposed Commission. SUHAKAM strongly supports this initiative and offers our expertise and resources to be part of the working group. Our participation will ensure that the human rights perspective is integrated into the development of policies and regulations for the gig economy, thereby promoting fair and equitable treatment for all gig workers.

In support of this progressive proposal, SUHAKAM stands ready to coordinate the consultation process for the establishment of the Commission as well as the formulation of relevant legislation and policies to ensure the gig workers’ rights and consumers’ interests are well balanced and protected. SUHAKAM strongly encourages continued inclusive dialogue and collaboration between the Government, industry stakeholders, gig workers’ associations, and civil society organizations to address the evolving needs of gig workers while upholding consumer rights and ensuring food safety. This inclusivity will ensure the diverse perspectives are considered, leading to more effective and comprehensive polices. Together, we can establish a fair, inclusive, and secure system that safeguards the rights, welfare, and interests of all players in the gig economy.

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Human Rights Commission of Malaysia (SUHAKAM)

5 July 2024

KUALA LUMPUR (4 JULY 2024) – SUHAKAM Annual Report and Financial Statement for the year 2021 and 2022 have been tabled and debated on June 27 and 1 and 2 July 2024 in Dewan Rakyat during the Second Meeting of the Third Session of the Fifteenth Parliament (2024). SUHAKAM wishes to convey our utmost appreciation to YB Dato’ Sri Azalina Othman Said, the Minister in the Prime Minister’s Department (Law and Institutional Reform) for her commitment and unwavering effort to strengthen the rule of law of which, under her leadership, SUHAKAM Act amendment has been passed and three Annual Reports (2020, 2021 and 2022) were successfully tabled and debated.

During the debate on the motion of the Annual Reports, a range of pertinent human rights issues were raised by 49 Members of Parliament (MP) among others, the delay on the appointment of SUHAKAM Chairman and the transparent procedure involving the Selection Committee for SUHAKAM Commissioners, racial discrimination, xenophobia, freedom of religion, prison reform, strengthening SUHAKAM and the Office of Children’s Commissioner (OCC) as accorded by the new SUHAKAM Act amendments , Orang Asli/Asal native customary land rights, citizenship, business and human rights as well as economic, cultural and social rights for vulnerable groups.

The debate has also witnessed responses from Ministries on a number of notable issues and the progress as follows:
i. Additional allocation to resolve water supply issues in Kelantan;
ii. Efforts to address issues involving Orang Asli/Asal;
iii. Prison reform which includes extension of the Custodial Health Unit (CHU);
iv. Economic and social protection for marginalised groups;
v. Awareness on mental health and right to access healthcare services;
vi. Cultivating unity towards the elimination of racial discrimination;
vii. Malaysian Media Council Bill to address various issues on media freedom;
viii. Strengthening legislation relating to Islamic religious affairs; and
ix. Government commitment to address humanitarian issues in Palestine.

Special gratitude to YB Tuan M. Kulasegaran A/L V. Murugeson, Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform) for winding up the debate and his continuous efforts in bringing forward human rights agenda for the common good. SUHAKAM believes that political commitment is important, not only to table the Annual Report but to also debate the human rights issues as this will serve as a platform to share views and concerns over critical human rights issues and most importantly, for the respective Government agencies to intensify their efforts towards the implementation of the proposed recommendations. Addressing human rights issues is always about ensuring equality and accountability, a change that will benefit Malaysia.

SUHAKAM Annual Report 2021 and 2022 consist of six and seven chapters respectively, that provide the details of activities carried out for the year 2021 and 2022 which includes strengthening SUHAKAM’s role and leadership on empowering human rights, business and human rights, advancing the economic, social and cultural rights for vulnerable groups, awareness on children’s rights, addressing statelessness, prison reform, international coordination, law reform, elimination of racial discrimination, combating racism and xenophobia and many other pertinent human rights issues in Malaysia.

To read more about issues reported in SUHAKAM Annual Report and Financial Statement for 2021 and 2022, please visit our website at www.suhakam.org.my.

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Human Rights Commission of Malaysia (SUHAKAM)
4 July 2024

PRESS STATEMENT

KUALA LUMPUR (13 JUNE 2024) — SUHAKAM is deeply concerned about the dire humanitarian situation in Gaza, which has been described as “beyond catastrophic” by the United Nations High Commissioner for Human Rights, Volker Türk, during his recent visit to Malaysia. The United States (US) must move beyond rhetoric’s and ensure that Israel fully complies unconditionally with the recent United Nations Security Council (UNSC) Resolution 2735 (2024) on 10 June 2024.

The US must not only exercise its veto to derail their recognition but also stop providing arms which are being used to kill the women and children in Gaza. A ceasefire must be followed by a comprehensive reconstruction plan to restore Gaza and make it liveable again. The international community, in collaboration with local authorities, must prioritize rebuilding homes, hospitals, schools, and infrastructure. Ensuring access to basic necessities such as clean water, food, and medical care is paramount.

SUHAKAM call for the safe and voluntary return of displaced Palestinians to their homes. Displacement has caused immense hardship and disrupted countless lives. Efforts must be made to facilitate their return and reintegration into their communities, providing them with the support needed to rebuild their lives.

SUHAKAM also urges on all parties involved to immediately cease hostilities and engage in constructive dialogue to seek a peaceful resolution to the conflict. It is imperative that international humanitarian law is upheld and that all necessary measures are taken to protect the lives and rights of civilians. The ongoing conflict has resulted in severe human suffering, widespread destruction, and an urgent need for international intervention.

The escalating violence has led to a significant loss of lives, including many innocent civilians, and has exacerbated an already critical humanitarian crisis. The destruction of homes, hospitals, schools, and infrastructure has left countless individuals and families without access to basic necessities such as food, clean water, and medical care.

The ongoing occupation and discriminatory policies must end. An apartheid regime violates fundamental human rights and perpetuates inequality and injustice. The international community must take decisive action to dismantle these oppressive structures and ensure equal rights for all.

SUHAKAM fully supports Volker Türk’s call for accountability and the end of impunity in Gaza and the West Bank. We urge all parties involved to respect international humanitarian law and prioritize the protection of civilian lives. The humanitarian crisis in Gaza and the deteriorating situation in the West Bank demand immediate and coordinated action from the global community.

We urge the Malaysian government to continue its efforts in providing humanitarian assistance to the people of Gaza and to work closely with international organizations and other nations to ensure the delivery of aid and support to those in need. Additionally, SUHAKAM encourages the global community to increase their efforts in addressing the root causes of the conflict and to support initiatives aimed at achieving a lasting peace in the region.

In such times, SUHAKAM stands in solidarity with the people of Gaza and reaffirms its commitment to promoting and protecting human rights for all. We extend our deepest condolences to the victims and their families and call for urgent and coordinated action to alleviate the suffering of the affected population.

Finally, SUHAKAM urges the international community to hold Israel accountable for its genocidal actions, in line with the case initiated by South Africa at the International Court of Justice (ICJ). SUHAKAM also calls for the perpetrators to be held responsible for their inhuman transgressions and for the International Criminal Court (ICC) Prosecutor to conduct just and fair investigations into the war crimes committed, without any interference.

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Human Rights Commission of Malaysia (SUHAKAM)

13 June 2024

PRESS STATEMENT

KUALA LUMPUR (9 JUNE 2024) – SUHAKAM is closely monitoring the recent actions taken by the Sabah state government concerning the Bajau Laut community in Semporna. Several homes have been demolished as part of the Sabah state government’s initiatives to enhance security and protect the environment within the Tun Sakaran Marine Park. While prior notice was given to the affected communities, SUHAKAM acknowledges the need to assess the broader humanitarian impact of these actions.

The Bajau Laut are a unique and historically marginalized community facing significant challenges, including limited access to basic services such as healthcare and education. While recognizing the state government’s intention to enhance security, SUHAKAM emphasizes the importance of a balanced approach that addresses the immediate needs of those affected by the demolitions.

SUHAKAM advocates for immediate assistance to be provided to the displaced members of the Bajau Laut community. This includes ensuring access to temporary housing, medical care, and educational resources to minimize the disruption to their lives.

We encourage ongoing dialogue and collaboration between the state government, the Bajau Laut community, and humanitarian organizations to develop sustainable and inclusive strategies that address broader issues while respecting the rights and dignity of all individuals involved.

SUHAKAM remains committed to monitoring the situation closely and working towards solutions that uphold human rights.

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Human Rights Commission of Malaysia (SUHAKAM)
9 June 2024