All posts by : Media

KUALA LUMPUR (17 FEBRUARY 2025) – The Human Rights Commission of Malaysia (SUHAKAM) welcomes the Government’s ongoing efforts to improve the management of refugees, by reviewing the National Security Council (NSC) Directive No.23. In her written answer during the first meeting of the fourth session of the Fifteenth Parliament, YB Dr. Zaliha Mustafa stated that in the improved Directive No. 23, refugees will be allowed to work. This development is a significant step forward in addressing the long-standing challenges faced by refugees and asylum seekers in the country. SUHAKAM calls for the urgent implementation of NSC Directive No. 23.

Whilst SUHAKAM acknowledges the implementation of the NSC Directive No. 23 as an interim measure, we remain concerned about the effectiveness of these initiatives as a long-term solution. The NSC Directive No. 23 is a too late and too little approach.  What about the right of refugees to access medical facilities and the right of refugees’ children to attend Government school for education? Short-term policies, while providing immediate relief – albeit limited in nature – must be followed by a comprehensive legal framework to ensure sustainable and rights-based solution for refugees.

NSC Directive No. 23 has been approved by the YAB Prime Minister since 14 Jun 2023. However, inexplicably it remains a confidential document to the public. SUHAKAM takes the position that a policy of public interest and importance should never be a state secret.  We are perplexed by this secrecy. What is the rationale? Good governance and the principle of transparency dictate that the Government must be transparent in this matter. The policy must be made public so that members of the public, including refugees are aware of their rights.

Be that as it may, SUHAKAM looks forward to a more significant long-term solution rather than an ad-hoc approach. Without a comprehensive legal approach, the status of refugees in this country will forever remain precarious and ‘illegal’.

There are only about 200 000 asylum seekers and refugees in this country; who, unfortunately, live in dire conditions and at the mercy of the enforcement agencies, as their status remains as ‘illegal immigrant’ even if they were to hold an UNHCR card.

SUHAKAM strongly demands that the Government prioritises the enactment of a Refugee and Asylum Act and for Malaysia’s accession to the 1951 Refugee Convention and its 1967 Protocol. These measures will be the appropriate and long-term solution. These long-overdue measures will enable the Government, through the establishment of a proper mechanism, to independently evaluate who are genuine refugees and asylum seekers and who are not. Such measures will legalise the stay of genuine refugees and asylum seekers in this country; will enable them to seek employment so as to be financially independent and to live with dignity. Genuine refugees and asylum seekers will have access to medical facilities and to education at Government schools. These measures will provide legal clarity, protection and stability for refugees and asylum seekers while also benefiting Malaysia through structured workforce integration and international recognition of the commitment to human rights.

It is a shame that whilst 149 nations have already ratified or acceded to the 1951 Refugee Convention, yet Malaysia remains one of the few countries who are not parties to the Convention. Even within ASEAN member states, Cambodia and Philippines are already parties to the Refugee Convention.

SUHAKAM notes that the Government has established a committee under NSC Directive No. 23 to oversee the welfare of refugees in Malaysia. As a National Human Rights Institution tasked with the promotion and protection of human rights including the rights of refugees, SUHAKAM expresses its interest in participating in this committee. SUHAKAM is prepared to engage in constructive dialogue with all relevant parties to ensure that Malaysia moves toward a permanent, structured and rights-based framework for refugee protection and integration.

-END-

The Human Rights Commission of Malaysia (SUHAKAM)
Date: 17 February 2025

KUALA LUMPUR (13 FEBRUARY 2025) – The Human Rights Commission of Malaysia (SUHAKAM) expresses its deep concern and strong condemnation over the obstruction faced by its officers while conducting an official investigation into alleged human rights violations involving inmates at Taiping Prison on 17 January 2025.

SUHAKAM had duly notified the Prison Department of the intention to record the testimony of an inmate at the Batu Gajah Correctional Centre.

Initially an official approval was granted by the Prison Department Headquarters via a letter. However, upon the arrival of SUHAKAM officers at Batu Gajah Correctional Centre, the officers were unjustly denied access to the said inmate. According to the Prison Department, SUHAKAM must postpone the inquiry pending an ongoing police investigation.

Additionally, SUHAKAM was informed that its scheduled investigation visits to Taiping Prison from 12 to 14 February 2025 had also been prohibited for the same reason.

SUHAKAM clearly states its objection to this, emphasizing the following:

1. SUHAKAM is empowered under Section 4(1)(d) of the Human Rights Commission of Malaysia Act 1999 [Act 597] to investigate complaints of human rights violations.
2. Under Section 14(1)(a) of Act 597, SUHAKAM holds the authority to obtain necessary evidence and examine any individual deemed relevant to its investigation.
3. The actions of the Prison Department directly contravene SUHAKAM’s statutory powers as outlined in Section 4(3) of Act 597. Such obstruction constitutes a grave violation of the law and undermines SUHAKAM’s legal obligations. It also contravenes the spirit of amendments to Act 597 last year in Parliament where it empowers SUHAKAM to visit places of detention, institutions and other places without any refusal when SUHAKAM complies with the provisions of written laws.
4. No one has the legal authority to obstruct or delay SUHAKAM’s investigations. SUHAKAM’s investigative role under Act 597 is distinct and separate from the criminal investigations conducted by the police. In its 25 years of experience, there were many concurrent investigations by both SUHAKAM and the Royal Malaysia Police in prison including death in custody cases. There were no issue or problem due to the concurrent investigations. 
5. The Prison Department’s retraction of the previously granted approval, alongside the denial of access despite SUHAKAM officer’s presence at Batu Gajah Correctional Centre, is an unacceptable violation of statutory duties, prejudicial in nature and entirely unjustifiable.

SUHAKAM are concerned that this matter involves a custodial death, and several prisoners were also injured. Their families are rightly concerned, and it would have been in the interest of justice and all parties to have allowed SUHAKAM access to independently verify the facts.

SUHAKAM views this matter with utmost seriousness and demands that the Malaysian Prison Department immediately permit SUHAKAM to proceed with investigations without any further hindrance. Additionally, SUHAKAM calls for an official explanation from the Prison Department, seeking legal justification for the imposed restrictions. This issue must be resolved urgently to uphold transparency and ensure the effectiveness of investigations into human rights violations affecting Malaysian citizens. Any obstruction not only compromises the integrity of SUHAKAM’s work as an independent institution but also undermines Malaysia’s commitment to upholding human rights.

-END-

The Human Rights Commission of Malaysia (SUHAKAM)
Date: 13 February 2025

KUALA LUMPUR (7 FEBRUARY 2025) – The Human Rights Commission of Malaysia (SUHAKAM) strongly supports Malaysia’s participation in The Hague Group, alongside Belize, Bolivia, Colombia, Cuba, Honduras, Namibia, Senegal and South Africa. This collective effort underscores the urgent need for accountability and the enforcement of international law to address the continued impunity enjoyed by Israel for its acts of genocide and grave violations of international human rights law against the Palestinian people.

As aptly stated by the UN Special Rapporteur, Francesca Albanese: “Israel’s genocidal campaign moved to the West Bank during the ceasefire in Gaza and amidst the silence of the international community. We cannot afford to wait until the West Bank is turned into rubble like Gaza before intervening”. The time for decisive action is now.

In another statement by Albanese: “It’s necessary to sanction Israel. It’s necessary to cut ties with Israel. We cannot rest until those mainly responsible for heinous crimes are behind bars”.

Malaysia’s leadership position (together with South Africa) in The Hague Group is a crucial step toward ensuring that international mechanisms are fully mobilized to hold Israel accountable for its longstanding and systematic violations of international humanitarian and human rights laws.

SUHAKAM repeats its call that for Malaysia to play a truly sincere and meaningful role in upholding justice, we must take the next logical step by acceding to the Rome Statute of the International Criminal Court (ICC). Malaysia cannot, on one hand, call for the ICC’s jurisdiction to be enforced against Israel, yet at the same time not be willing to be a party to the Rome Statute. Full commitment to the Rome Statute would bolster Malaysia’s credibility and reinforce its moral standing in the international arena.

In this regard, SUHAKAM recalls that in 2019 Malaysia almost became a party to the Rome Statute when we deposited to the Secretary-General of the United Nations the Instrument of Accession to the Rome Statute of ICC on 4 March 2019, but unfortunately had to withdraw due to opposition from some quarters.

The widespread annihilation and oppression of the Palestinian people is a dire humanitarian crisis that demands unified global condemnation. The call for accountability extends beyond political affiliations or faith; it is about upholding fundamental human rights and the dignity of oppressed peoples everywhere. As an independent National Human Rights Institution (NHRI), SUHAKAM stands firmly behind Malaysia’s official policy on Palestine and urges all ASEAN nations to follow Malaysia’s lead in joining The Hague Group.

SUHAKAM urges the United Nations General Assembly (UNGA) to take decisive action against Israel, including revoking its UN membership under Article 6 of the UN Charter due to its continuous breaches of international law, including violations of the UN Charter and repeated defiance of UN resolutions. Article 6 of the UN Charter states that a member state can be expelled if it has persistently violated the principles of the UN Charter, requiring a recommendation from the UN Security Council (with at least nine votes, including the concurrence of all five permanent members) and a subsequent decision by the General Assembly. The UN cannot maintain credibility if it allows a member state to act with impunity while systematically oppressing an entire population.

In addition to diplomatic pressure, practical measures such as economic sanctions and boycotts must be considered to ensure that Israel faces tangible consequences for its actions. The international community must not continue to enable the normalization of Israel’s inhumane treatment of the Palestinian people. Sanctions have been applied to other states for human rights abuses – Israel should be no exception.

SUHAKAM calls on all nations committed to justice and the rule of law to take all possible actions to end Israel’s occupation of the State of Palestine and to hold perpetrators accountable for the continued subjugation and persecution of Palestinians. We earnestly call on ASEAN nations, in light of Malaysia’s upcoming ASEAN Chairmanship in 2025, to demonstrate a united regional stance in upholding international law and human rights.

Only through such consistent and principled actions can we hope to dismantle the entrenched system of impunity that has allowed Israel’s oppressive policies to persist for decades.

-END-

The Human Rights Commission of Malaysia (SUHAKAM)

Date: 7 February 2025

KUALA LUMPUR (6 FEBRUARY 2025) – The Children’s Commissioner of the Human Rights Commission of Malaysia (SUHAKAM), Dr Farah Nini Dusuki (CC) is appalled with the decision of the Sessions Court judge in sentencing a couple in Johor Baharu with fine and community service order for gross negligence of a 7-year-old boy by locking him up in the toilet and depriving him of decent food and drink, leaving him severely malnourished.

Due to the gross negligence that had taken place, it is the CC’s view that the charge ought to be Section 31 of the Child Act 2001 [Act 611] for various forms of child abuse including neglect and not Section 33 Act 611 which is the lesser offence of leaving a child without reasonable supervision that carries a lesser sentence.

The charge under Section 33 did not commensurate with the abuse. The facts show that the act go beyond “leaving child without reasonable supervision” of Section 33. The boy was asked to drink from the toilet and given minimum food and suffered from severe malnutrition. There were clear acts of negligence which falls under Section 31.

The CC believes that a lenient charge and subsequent sentence fail to serve the public interest and imply that child abuse is tolerable, rather than conveying the message that all crimes against children are condemned and will be adequately punished under the law.

The CC calls upon the Deputy Public Prosecutor to appeal against the decision and to seek a harsher sentence, ensuring that the offenders will be sentenced to imprisonment.

-END-

Dr Farah Nini Dusuki
Children’s Commissioner
The Human Rights Commission of Malaysia (SUHAKAM) 
Date: 6 February 2025

KUALA LUMPUR (23 JANUARY 2025) – The Human Rights Commission of Malaysia (SUHAKAM) reaffirms that human rights are universal, inalienable and must not be predicated upon religious beliefs or affiliations. This principle is enshrined in international human rights instruments, which unequivocally state that all individuals are entitled to the same fundamental rights and freedoms, regardless of their religion or belief.

Recent statements by U.S. officials asserting a ‘biblical right’ to certain territories are concerning, as they risk undermining the universality of human rights and may perpetuate discrimination. On Tuesday, at the Senate Foreign Relations Committee, United States ambassador to the United Nations Elise Stefanik has expressed the belief that Israel has “biblical” dominion over the occupied West Bank. Such assertions can lead to policies that discriminate against individuals based on their religious identity, contravening established international human rights standards.

The Universal Declaration of Human Rights (UDHR) proclaims in Article 1 that “All human beings are born free and equal in dignity and rights”. Article 2 further emphasizes that everyone is entitled to all the rights and freedoms set forth in the Declaration, without distinction of any kind including religion. Additionally, the International Covenant on Civil and Political Rights (ICCPR) guarantees the right to self-determination and protection from discrimination, reinforcing that no state or individual should invoke religious doctrine to deny these rights to others.

SUHAKAM is deeply concerned about the situation in the occupied Palestinian territories, including recent military operations resulting in civilian casualties and the destruction of essential infrastructure.  Therefore, SUHAKAM urges the international community to intensify efforts towards a just and sustainable peace in the region, addressing the root causes of the conflict without bias or discrimination. This includes recognizing the rights of all peoples to self-determination and ensuring that policies are grounded in universal human rights principles rather than religious narratives.

SUHAKAM supports the ceasefire agreement in Gaza as a crucial step towards solving the crisis and protecting civilian lives. The international community must not allow the ceasefire to overshadow the need for comprehensive action towards ending the occupation, restoring the rights of the Palestinian people and holding accountable those responsible for crimes against humanity.

-END-

The Human Rights Commission of Malaysia (SUHAKAM)
Date: 23 January 2025

KUALA LUMPUR (22 JANUARY 2025) – The Human Rights Commission of Malaysia (SUHAKAM) is deeply concerned with the behaviour of individuals taking the law into their own hands. Recently, a heartbreaking incident occurred at Pasar Tani Padang Astaka Chukai, Kemaman Terengganu, where a 47-year-old victim being a person with mental disabilities was viciously assaulted following his accidental collision into a stall. The police have arrested six suspects aged 18 to 60 years to assist in the investigation pursuant to section 147 Penal Code for the offence of rioting.

The level of violence used was manifestly excessive, profoundly disturbing and humiliating whereby the victim was attacked bodily, mercilessly dragged on the streets and had spicy soup poured on him. It is even more concerning that the perpetrators would behave in such a manner to a mentally disabled person. The use of violence is never acceptable. The public / bystanders have the power to make a significant difference in preventing the escalation of violence by speaking out loudly against it while making it clear such incident will neither be tolerated nor condoned.

SUHAKAM commends the police for the speedy action in arresting the suspects; and calls on the same to expeditiously investigate the incident and accordingly prosecute the wrongdoers, ensuring justice for the victim.

Malaysia is committed to upholding the rights of persons with disabilities (PWDs) under the Convention on the Rights of Persons with Disabilities (CRPD), which includes the essential duty to protect them from harm as stipulated in Article 16 of the Convention. It is vital to recognise that every individual including those with disabilities has the inherent right to life and liberty, as decreed by Article 5 of the Federal Constitution. 

It is imperative that the authorities take the necessary measures to deter irresponsible members of the public from taking the law into their own hands. Mob justice has no place in a civilised society that upholds the Rule of Law. It is crucial to remember that no one is above the law.

SUHAKAM believes that it is essential for all government agencies, civil society organisations, and the National Council for Persons with Disabilities (Majlis Kebangsaan bagi Orang Kurang Upaya – MKBOKU) to join forces in solidarity to protect PWDs by expressing our abhorrence for mob justice. We must raise our voices to create an environment where PWDs are recognised and treated with respect and dignity.

In line with the Human Rights Commission of Malaysia Act 1999 [Act 597] and section 9(1)(i) of the Persons with Disabilities Act 2008 [Act 685], SUHAKAM together with MKBOKU, have the important responsibility to promote education and awareness on the need for respect towards PWDs.

SUHAKAM calls for the prompt cessation of these detestable behaviours by members of the public and calls for the imposition of appropriate punitive measures on those who take the law into their own hands. Such actions are vital not only to uphold accountability but also to promote a culture that fosters a more caring environment that abhors violence within the community.

-END-

The Human Rights Commission of Malaysia (SUHAKAM)
Date: 22 January 2025

KUALA LUMPUR (18 JANUARY 2025) – The Human Rights Commission of Malaysia (SUHAKAM) is deeply perturbed by the statement made by the Inspector-General of Police (IGP), Tan Sri Razarudin Husain, that any officer with the rank of inspector or higher is authorised to inspect a person’s mobile phone at police roadblocks, citing that this is permitted under the Penal Code, Criminal Procedure Code (CPC), Communications and Multimedia Act 1998 (CMA) and Police Act 1967.

SUHAKAM highlights that pursuant to section 116B CPC, a police officer with the rank of inspector or higher is only permitted to access mobile or other digital devices subject to a legal search as part of an ongoing investigation whereby the police have reasonable cause to believe that an offence has been or is being committed.  Sections 247 and 248 CMA also require the search and seizure of the digital device to be conducted in connection with an ongoing investigation, having reasonable cause to believe that an offence has been committed. 

SUHAKAM reiterates that the inspection of a person’s mobile phone at police roadblocks cannot be conducted in an arbitrary manner. The public is encouraged to be aware of their basic fundamental rights, in particular when stopped, questioned or even arrested by the police. The Malaysian Bar Council has issued a booklet titled “The Police and Your Basic Rights” that lists scenarios with the police and what you can do to exercise your rights as a citizen.

SUHAKAM urges the Government to clarify the IGP’s statement. The public is reminded that if they encounter an arbitrary search where their mobile devices are searched without reasonable cause, to note down where the incident happened, the name and identification number on the police officer’s uniform and to lodge a police report as well as inform SUHAKAM via its complaints system:

1. email: complaints@suhakam.org.my
2. website: aduan.suhakam.org.my
3. contact via phone / walk into the offices in Kuala Lumpur, Kota Kinabalu (Sabah) or Kuching (Sarawak).

SUHAKAM reiterates the importance of every individual to be aware of their fundamental rights and for law enforcement officers to conduct these roadblocks in a lawful and responsible manner, with care and caution.

-END-

The Human Rights Commission of Malaysia (SUHAKAM)
Date: 18 January 2025

KUALA LUMPUR (17 JANUARY 2025) – SUHAKAM is aware of the public statement issued by Dr. Alfonso Min that has been carried by the online media. This matter involves personnel and administrative issues and SUHAKAM is fully aware of our responsibilities and duties. We are committed to ensuring that due process is followed and that all actions taken are in accordance with legal and procedural guidelines.

As this matter involves confidential issues of the employee’s conduct and records, SUHAKAM is committed to safeguarding the integrity of its processes and will not comment further as the due process according to our rules and regulations are ongoing and the employee will be given the opportunity to exercise his rights.

Despite the public statement, SUHAKAM would not be hindered or detracted from our duty to ensure compliance with all internal regulations, managerial prerogatives and within the ambit of laws relating to industrial relations.

-END-

The Human Rights Commission of Malaysia (SUHAKAM)
Date: 17 January 2025

KUALA LUMPUR (17 JANUARY 2025) – The Human Rights Commission of Malaysia (SUHAKAM) expresses its deepest condolences and outrage over the Israeli military’s attack that resulted in the tragic death of the Director of the Independent Commission for Human Rights (ICHR) in Gaza, Raafat Salha and his family. We stand in solidarity with Mr. Salha and all human rights defenders working under the most dangerous and difficult circumstances to uphold the fundamental rights of their communities.

We are appalled by the ongoing violence in the Occupied Palestinian Territories which continues to claim innocent lives, exacerbate human suffering and violate international humanitarian and human rights laws. The deliberate targeting of civilians, especially human rights defenders who play a vital role in advocating for justice and peace, represents a gross violation of human rights principles and international norms.

SUHAKAM echoes the concerns raised by the Independent Commission for Human Rights (ICHR) which is the ‘A’ status national human rights institution in Palestine and calls for an immediate, transparent and independent investigation into the attack. We urge the international community to intensify efforts to ensure accountability for these heinous crimes and to hold those responsible to account in accordance with international law.

While welcoming the recent ceasefire agreement in Gaza, SUHAKAM urges that it be the first step toward a lasting peace. We call on all parties to the conflict to adhere to their obligations under international law, protect the rights of civilians and cease all acts of violence. The protection of human rights defenders must be prioritized and impunity for the attackers on these defenders must end.

We also urge the United Nations, international human rights organizations and the global community to take urgent measures to protect Palestinian civilians and human rights defenders, as well as to ensure an immediate cessation of hostilities in the region. Peace and justice are indispensable for the dignity of all people and only through accountability and respect for human rights can a sustainable solution to the conflict be achieved.

SUHAKAM will continue to monitor the situation closely and work alongside other national human rights institutions and international bodies to support the protection of human rights defenders and the Palestinian people’s right to live in peace, security and dignity.

-END-

The Human Rights Commission of Malaysia (SUHAKAM)
Date: 17 January 2025