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Media Statement No. 05-2026_SUHAKAM Calls for Urgent and Time-Bound Actions Following CRC Review of Malaysia

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KUALA LUMPUR (29 JANUARY 2026) – The Human Rights Commission of Malaysia (SUHAKAM) welcomes the Concluding Remarks of the United Nations Committee on the Rights of the Child (CRC) following Malaysia’s recent review under the Convention on the Rights of the Child. SUHAKAM notes the Committee’s recognition of Malaysia’s progress in several areas, while underscoring that persistent gaps continue to impede the full realisation of children’s rights and require urgent, coordinated and time-bound action.

SUHAKAM commends the Government for positive measures acknowledged by the CRC, including improvements in maternal and child health outcomes, expanded preventive interventions, and institutional efforts to strengthen child-related policies and services. SUHAKAM also notes the constructive engagement demonstrated by the Government during the review process, reflecting an openness to dialogue and reform. These developments represent important steps forward. However, as emphasised by the CRC, progress remains uneven and must be consolidated through structural and legislative reforms to ensure that no child is left behind.

In line with its long-standing positions and the Committee’s concluding remarks, SUHAKAM highlights six critical and priority actions requiring immediate attention:

  • Withdrawal of Reservations

SUHAKAM reiterates its constant call for the withdrawal of Malaysia’s remaining reservations to the Convention. Their continued maintenance is no longer consistent with Malaysia’s legal and institutional maturity. SUHAKAM urges the Government to expedite and meaningfully conclude the review process initiated in 2017, in line with the Committee’s clear one-year timeframe.

  • Harmonisation of Domestic Laws

SUHAKAM calls for the acceleration of law reform to ensure full harmonisation of domestic legislation with the Convention and its General Comments. This must be supported by a coordinated national mechanism with clear leadership, accountability and timelines, prioritising General Comment No. 24 and evidence-based policy development.

  • Child Protection and the Child Justice System

SUHAKAM emphasises the need to strengthen child protection systems, including a robust and rights-based approach to alternative care, ensuring that institutionalisation is used strictly as a measure of last resort. SUHAKAM reiterates for the urgent need for a Royal Commission of Inquiry into the Institutional Care for Children to uncover the complexities of the different authorities managing the insitutions in order to eliminate the systemic issues confronting children in such care and to identify the root causes of the lack of monitoring and supervision of these institutions. The child justice system must be fully aligned with the Convention’s standards and supported by a transparent, professional and accountable child protection workforce.

  • ⁠Refugee, Migrant and Undocumented Children

SUHAKAM reiterates its consistent position that refugee, migrant and undocumented children must not be excluded from protection frameworks. Concrete measures are required to include these children within national systems and to ensure access to essential services, including education and social protection. In this context, SUHAKAM highlights the need to progressively realise universal health coverage for all children, regardless of nationality or legal status, and to remove systemic barriers that result in deprivation. SUHAKAM further reiterates its call for the urgent implementation of non-custodial alternatives, the ending of immigration detention of children, and amendments to the Immigration Act to ensure compliance with the Convention’s standards.

  • Fiscal Space and Child-Focused Budgeting

As Malaysia advances towards high-income status amid rapid demographic change, SUHAKAM stresses that adequate and sustainable investment in children remains a core human rights obligation. SUHAKAM calls for child-targeted and gender-responsive budgeting, systematic tracking of child-related expenditure, and analysis of investment adequacy against child outcomes to ensure that resource allocation translates into tangible improvements in children’s well-being.

  • ⁠Reporting under the Optional Protocols and the CRPD

SUHAKAM urges the Government to expedite the submission of overdue reports under the Optional Protocols, including the Optional Protocol on the involvement of children in armed conflict (OPAC). This is essential to Malaysia’s commitment to international accountability and full compliance with its treaty obligations, and should be undertaken in a manner that reflects the cross-cutting and indivisible human rights principles of the Convention on the Rights of the Child, read together with the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of Persons with Disabilities (CRPD), thereby ensuring that gender equality and the rights of children with disabilities are fully and systematically addressed.

SUHAKAM further affirms that since the legal incorporation of the Office of the Children’s Commissioner (OCC) under SUHAKAM, the OCC has been funded solely through SUHAKAM’s existing budget, without any additional allocation from the Government. This institutional arrangement is important in safeguarding the independence of the OCC, as SUHAKAM is Malaysia’s National Human Rights Institution accredited with ‘A’ status under the Global Alliance of National Human Rights Institutions (GANHRI) and operating in accordance with the Paris Principles. SUHAKAM also acknowledges that the CRC has raised questions regarding the adequacy and sustainability of funding for the OCC. While the current arrangement reflects SUHAKAM’s commitment to strengthening oversight, monitoring, and advocacy for children’s rights, the existing level of funding is not adequate to support the expanded scope of responsibilities arising from the OCC’s statutory mandate. As SUHAKAM continues to expand its presence nationwide and children have become a key demographic requiring focused and sustained engagement, the effective discharge of the OCC’s functions necessitates commensurate and sustainable resourcing.

SUHAKAM recognises the progress achieved by the Government while emphasising that sustained political will and decisive action are required to fully implement the CRC’s recommendations. SUHAKAM remains committed to constructive engagement with the Government, Parliament and all stakeholders to ensure that children’s rights are fully respected, protected and fulfilled in Malaysia.                           

-END–

Human Rights Commission of Malaysia (SUHAKAM)
29 January 2026

Media Statement No. 05-2026_SUHAKAM Calls for Urgent and Time-Bound Actions Following CRC Review of MalaysiaDownload
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[OCC] Media Statement No. 04-2026_Children Must Not Be Detained Under SOSMA

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KUALA LUMPUR (28 JANUARY 2026) – While the Government of Malaysia was undergoing its review by the Committee on the Rights of the Child (CRC) on 22 and 23 January 2026 in Geneva, the Children’s Commissioners present were informed on 23 January 2026 that a 16-year-old girl who had been detained under the Security Offences (Special Measures) Act 2012 (SOSMA) had been released by the police.

The child had been detained since 14 January 2026 in connection with investigations under the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007.

The Office of the Children’s Commissioner (OCC) of the Human Rights Commission of Malaysia (SUHAKAM) welcomes the child’s release. However, it must be stated unequivocally that the detention should never have occurred in the first place.

The apprehension and detention of the child were not in compliance with the Child Act 2001 [Act 611]. Section 84 of Act 611 requires that a child be brought before a Court for Children within 24 hours of arrest, a requirement that was not met. Further, Section 83(1) of Act 611 expressly provides that the Child Act prevails over all other laws relating to the arrest, detention, and trial of children. This overriding safeguard was disregarded, resulting in a clear violation of the child’s rights.

In addition, the placement of the child in a lock-up together with adult female detainees contravenes Section 85(a) of Act 611 and breaches Article 37(c) of the Convention on the Rights of the Child (CRC), which requires that children be detained separately from adults and treated in a manner appropriate to their age.

The OCC is also deeply concerned that the child was denied the safeguards provided under Section 13(2)(a) and (b) of SOSMA. As a child and a female, she ought to have been granted bail rather than subjected to SOSMA’s 28-day pre-charge detention under Section 4(5). This concern is further reinforced by Article 37(b) of the CRC, which stipulates that the detention of a child shall be used only as a measure of last resort and for the shortest appropriate period of time. The child’s detention for close to ten days, which reportedly resulted in health complications, constitutes a violation of the child’s best interests under Article 3 of the CRC.

The OCC’s position is clear and unequivocal: children must not be detained under SOSMA. As the Act permits detention without trial, it is fundamentally incompatible with child rights standards, and any provision allowing for the detention of children under SOSMA should be repealed in its entirety. In light of Malaysia’s recent CRC review, during which the Government reaffirmed its commitment to prioritising the protection, development and participation of children, this commitment cannot be meaningfully realised unless SOSMA is amended to expressly exclude its application to children.

-END-

Dr Farah Nini Dusuki
Chief Children’s Commissioner
The Human Rights Commission of Malaysia (SUHAKAM)
28 January 2026

[OCC] Media Statement No. 04-2026_Children Must Not Be Detained Under SOSMADownload
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[OCC] Media Statement No. 03-2026_OCC SUHAKAM Welcomes National Education Plan (RPM) 2026–2035, Emphasises Child Rights–Based Implementation

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KUALA LUMPUR (23 JANUARY 2026) – The Office of the Children’s Commissioner (OCC), Human Rights Commission of Malaysia (SUHAKAM) welcomes the introduction of the National Education Plan (RPM) 2026–2035 as a strategic continuation of the Malaysia Education Blueprint 2013–2025. In general, OCC views the RPM as a positive and progressive step towards improving the quality of education, addressing systemic inequities, and prioritising the well-being of children.

OCC acknowledges the direction of the RPM, which no longer focuses solely on access, but instead, places emphasis on the quality of education, equity and student well-being. This approach is important because truly meaningful education is not merely about ensuring that children attend school, but about ensuring that they learn effectively in a safe, supportive environment that enables their development.

OCC also welcomes the emphasis on the concept of “Insan Sejahtera”, which encompasses academic achievement alongside character development, emotional, social and spiritual well-being. This approach is consistent with a holistic child rights framework and reflects an understanding that educational success should not be measured solely through examination outcomes.

OCC commends the Ministry of Education Malaysia’s (MOE) commitment towards inclusive education, particularly efforts to strengthen support for Students with Special Educational Needs, students in rural and remote areas, Orang Asli children, and those from low socio-economic backgrounds. The principle of ensuring that no child is left behind is clearly articulated within the policy framework.

OCC further commends MOE’s openness in acknowledging existing challenges, including Malaysia’s performance in international assessments such as PISA and TIMSS, urban–rural disparities, and upper secondary school dropout rates. Such transparency is an important foundation for evidence-based and effective policy reform.

However, OCC stresses that the true success of the RPM 2026–2035 will ultimately depend on its consistent and effective implementation, particularly in ensuring the protection and fulfilment of children’s right to education. While the Blueprint presents a strong vision and policy framework, clearer mechanisms are required to safeguard educational rights. OCC reiterates that children are not merely beneficiaries of policy, but they are the rights holders, in line with Malaysia’s obligation under the Convention on the Rights of the Child (CRC). Therefore, clearer explanations are needed on how students’ right to education will be protected, monitored, and enforced when targets are not met at the school or district level.

OCC further emphasises that upper secondary school dropout should be addressed as a child rights concern rather than solely as an enrolment issue. Each instance of dropout reflects a systemic failure to adequately protect a child’s right to education. OCC urges for a more targeted and rights-sensitive interventions to be developed for children at higher risk, including those living in poverty, children in remote areas, children engaged in labour, those at risk of early marriage, and children without documentation or with unclear legal status.

With regard to inclusive education, OCC notes that gaps remain in infrastructure and physical accessibility, particularly for children with disabilities. Where schools are not disability-friendly, children may be indirectly excluded from accessing education on an equal basis. OCC calls on the MOE to set clear, measurable timelines to upgrade schools to be accessible for children with disabilities, alongside more comprehensive and sustained training for educators in inclusive education.

OCC is also of the view that children’s voices remain insufficiently represented within education governance structures. Meaningful, safe and continuous mechanisms for children to express their views, experiences and concerns are essential to ensure that education policies are responsive to realities on the ground and truly child-centred.

At the same time, OCC underscores that the well-being of teachers and school counsellors is integral to the realisation of students’ right to education. Excessive non-pedagogical workload, high counsellor-to-student ratios and work-related stress can adversely affect the quality of support provided to students. Investment in the welfare of educators is therefore an investment in the present and future of children.

In conclusion, OCC welcomes the RPM 2026–2035 as an important step towards a more inclusive, equitable and future-oriented education system. Nevertheless, strong policy commitments must be accompanied by implementation that is firmly grounded in child rights principles. The ultimate measure of success of the RPM lies not in policy documents or numerical targets, but in its ability to ensure that no child is left behind, marginalised or denied their right to education, particularly those most at risk.

OCC stands ready to engage constructively with the MOE and all relevant stakeholders to ensure that the implementation of the RPM 2026–2035 delivers meaningful and lasting improvements to the lives and future of all children in Malaysia.

-END-

Dr Farah Nini Dusuki

Chief Children’s Commissioner

The Human Rights Commission of Malaysia (SUHAKAM)

23 January 2026.

[OCC] Media Statement No. 03-2026_OCC SUHAKAM Welcomes National Education Plan (RPM) 2026–2035, Emphasises Child Rights–Based ImplementationDownload
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Media Statement No. 02-2026_Freedom of Expression at Stake, SUHAKAM Responds to the Application of the Sedition Act, Penal Code and CMA in a Journalistic Context

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KUALA LUMPUR (21 JANUARY 2026) – The Human Rights Commission of Malaysia (SUHAKAM) takes note of a question posed by a journalist, Rex Tan, at a public lecture which has generated public debate, particularly on issues relating to racial discrimination. SUHAKAM recognises the sensitivity of the question raised and the subsequent reactions that have affected social harmony within the Malaysian community. We emphasise that matters relating to racial discrimination are serious and must be addressed through open, honest and inclusive public discourse, in line with the constitutional values of equality and non-discrimination.

At the same time, SUHAKAM is appalled that the journalist was arrested and is being investigated under Section 4(1) of the Sedition Act 1948, Section 505(c) of the Penal Code and Section 233 of the Communications and Multimedia Act (CMA)1998, as stated in the media statement issued by the Royal Malaysia Police (PDRM). In this regard, SUHAKAM wish to refer to the decision of the Court of Appeal in Heidy Quah Gaik Li v Kerajaan Malaysia (26 August 2025), where the Court held that the words “offensive” and “annoy” in Section 233 of the CMA constituting an offence, to be inconsistent with Article 10(1)(a) and (2)(a) read with Article 8 of the Federal Constitution, and hence, unconstitutional and void.

The invocation of multiple criminal provisions in response to journalistic questioning on matters of public interest raises serious implications for the exercise of freedom of expression and media freedom in Malaysia. SUHAKAM is of the view that actions taken by the authority are too harsh as to tantamount to an overkill. Such an approach reflects an outdated and intolerant mindset that prioritises punitive measures over engagement, dialogue and rights-based responses. SUHAKAM stresses that there is an urgent need for a shift in mindset on the part of enforcement agencies towards approaches that are proportionate, measured and consistent with democratic values and fundamental liberties. The actions taken raise serious questions of compatibility with the freedom of speech and expression guaranteed under Article 10 of the Federal Constitution.

SUHAKAM wishes to highlight that Section 233 of the CMA 1998 is intended to address the misuse of network facilities or services for improper online communications. The journalist’s question was asked verbally during a physical public forum and was not transmitted online by him. Section 233 applies only to communications initiated or transmitted via network services, and any recording or online dissemination by a third party does not attract liability to the speaker. In the absence of evidence that the journalist initiated or participated in the online transmission, Section 233 is inapplicable.

SUHAKAM further notes that Section 505(c) of the Penal Code criminalises statements that may incite fear or alarm among the public or disturb public tranquillity. While the maintenance of public order is a legitimate objective, the application of this provision must be approached with caution, particularly where the expression in question forms part of journalistic inquiry or public discussion on matters of public interest. Any restriction imposed must meet the constitutional test of legality, necessity and proportionality.

SUHAKAM is consistent with its longstanding position that the Sedition Act 1948 is overly broad and susceptible to arbitrary application, creating a chilling effect on legitimate discourse, especially on issues of public importance. Its preventive nature, which does not require proof of actual harm, poses significant risks to fundamental freedoms in a democratic and plural society. We wish to emphasise that criminal proceedings against journalists should be used only as a measure of last resort. Matters relating to journalistic ethics or professional conduct should primarily be addressed through robust and effective self-regulatory mechanisms, consistent with democratic principles and international best practices in the protection of media freedom.

In view of the above, SUHAKAM calls upon the Government to:

  1. Repeal the Sedition Act 1948 and Section 233 of the Communications and Multimedia Act 1998, and undertake comprehensive legislative reforms to ensure full alignment with constitutional guarantees and international human rights standards;
  2. Adopt non-punitive, rights-based approaches in addressing sensitive issues such as race and discrimination, including through dialogue, education and institutional reforms; and
  3. Strengthen and accord due recognition to the Malaysian Media Council (MMC) as the primary independent self-regulatory mechanism for the media, including by prioritising recourse to the MMC in addressing complaints against journalists before any criminal proceedings are initiated.

SUHAKAM reiterates that freedom of expression and media freedom are fundamental pillars of a democratic society. While the Federal Constitution permits restrictions in the interest of public order, such limitations must always be lawful, necessary and proportionate. Safeguarding these rights, alongside the promotion of responsible journalism, is essential for democratic governance, social cohesion and public trust.

-END–

Human Rights Commission of Malaysia (SUHAKAM)
Date: 21 January 2026

Media Statement No. 02-2026_Freedom of Expression at Stake, SUHAKAM Responds to the Application of the Sedition Act, Penal Code and CMA in a Journalistic ContextDownload
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[OCC] Media Statement No. 01-2026_Children’s Commissioner Welcomes Implementation of Law Granting Automatic Citizenship to Children Born Overseas To Malaysian Mothers In Mid-2026

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KUALA LUMPUR (10 JANUARY 2026) – The Office of the Children’s Commissioner (OCC) of the Human Rights Commission of Malaysia (SUHAKAM) welcomes the announcement by the Home Minister, Datuk Seri Saifuddin Nasution Ismail, that children born overseas to Malaysian mothers will automatically obtain Malaysian citizenship by June or July 2026.

This announcement follows the passage of the Federal Constitution (Amendment) Bill on citizenship provisions in October 2024 and marks a significant step forward in addressing long-standing inequalities affecting children’s right to nationality.

While welcoming this development, it is disheartening that the amendment is non-retrospective. In view of this, children born before the implementation date must continue to be accorded Malaysian citizenship through registration under Article 15(2) of the Federal Constitution. No child should be disadvantaged due to delays in the law’s implementation.

The OCC also notes with appreciation the substantial reduction in the backlog of citizenship applications, from approximately 50,000 cases to fewer than 4,000 since the start of the Home Minister’s term in 2022, including cases raised by the OCC. This reflects meaningful progress in administrative reform.

The OCC further notes that the amended Citizenship Regulations 1964 are expected to be rolled out in tandem with the implementation of the constitutional amendment. In this regard, the OCC urges that the amended Regulations be made publicly accessible, procedures simplified, and clear SOPs established to ensure applicants have access to track the progress of their applications and receive written reasons for any rejection.

To ensure effective implementation, the OCC calls for a clear public communication strategy, including nationwide outreach, as well as comprehensive training for front-line officers, particularly at Malaysian embassies and diplomatic missions abroad.

The OCC remains committed to working with the Government to ensure that no child is left without nationality, in accordance with the Federal Constitution and Malaysia’s international human rights obligations.

-END-

Dr Farah Nini Dusuki

Chief Children’s Commissioner

The Human Rights Commission of Malaysia (SUHAKAM)

10 January 2026.

Media Statement No. 01-OCC _Children’s Commissioner Welcomes Implementation of Law Granting Automatic Citizenship to Children Born Overseas To Malaysian Mothers In Mid-2026Download
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Media Statement No. 60-2025_SUHAKAM Reiterates Constitutional, Statutory and CRC Obligations in The Handling of Statutory Rape Cases

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KUALA LUMPUR (24 DECEMBER 2025) – The Human Rights Commission of Malaysia (SUHAKAM) is concerned with the recent statement by the Kelantan Police Chief indicating that cases of statutory rape will be referred by the Royal Malaysia Police (PDRM) to the Islamic religious authorities. SUHAKAM stresses that such a practice must cease immediately. Under the Federal Constitution (FC), criminal law and criminal procedure fall within the Federal List, and the investigation of rape as a criminal offence is a core constitutional and statutory responsibility of PDRM as the principal law enforcement agency. Any referral of statutory rape cases to Islamic enforcement authorities is inconsistent with this mandate and risks undermining the supremacy of the Constitution and the rule of law.

Pursuant to its mandate under the Human Rights Commission of Malaysia Act 1999 (Act 597), SUHAKAM is obliged to promote and protect human rights and to advise the Government on the alignment of laws, policies and practices with constitutional guarantees and international human rights standards. In this regard, SUHAKAM recalls that Malaysia is a State Party to the Convention on the Rights of the Child (CRC), which requires the State to ensure that all children are protected from sexual exploitation and abuse, and that the best interests of the child are treated as a primary consideration in all actions concerning children. Statutory rape must therefore be addressed as a serious criminal offence against children, through processes that are lawful, child-sensitive and rights-compliant.

SUHAKAM wishes to emphasise that, while it fully respects the position and role of Islamic law and religious institutions within Malaysia’s legal and social framework, its primary concern in this matter is the best interests, protection and welfare of children, which must remain paramount in the handling of all cases involving sexual offences against children. SUHAKAM stresses unequivocally that statutory rape perpetrated against children constitutes a serious criminal offence and must be investigated and prosecuted by PDRM in accordance with the FC and applicable criminal laws. In line with the CRC, SUHAKAM emphasises that responses to cases involving children must prioritise protection, recovery and appropriate social interventions, rather than punitive criminalisation. Children in the justice system, including in cases involving consensual peer relationships, must not be subjected to measures that disregard their status as rights-holders under the CRC and domestic law.

SUHAKAM is further concerned that public statements by a senior police officer may contribute to moral panic and reactionary responses that are not grounded in Malaysia’s legal framework. Approaches that rely solely on punishment fail to recognise that teenagers are children under the law, whose evolving capacities, vulnerability and immaturity must be understood within the spirit and intent of the Child Act 2001, read together with Malaysia’s obligations under the CRC. Evidence has consistently shown that purely punitive measures are ineffective in preventing the recurrence or escalation of statutory rape and may instead compound harm to children.

SUHAKAM reiterates the urgent need to review and reform Malaysia’s criminal justice framework to better reflect the lived realities of children and young persons in the justice system, many of whom experience socio-economic disadvantage, violence and neglect. Effective prevention requires a shift towards child-centred and rights-based approaches, including the use of diversion from detention and the strengthening of social interventions involving families, schools and community support networks. In this regard, SUHAKAM

underscores that reforms to the Penal Code and the Criminal Procedure Code are necessary to promote positive behaviour change, enhance child protection and support rehabilitation, in line with constitutional principles and international human rights standards.

SUHAKAM reaffirms its commitment to constructive engagement and extends its readiness to collaborate with PDRM, relevant government ministries and Parliament in developing a 2026 plan of action grounded in the FC, the CRC and a human rights-based approach to criminal justice. Through collective and principled action, SUHAKAM believes that the rule of law and a child-sensitive, effective criminal justice system can be strengthened for the benefit of all children in Malaysia.

-END-

Human Rights Commission of Malaysia (SUHAKAM)

Date: 24 December 2025

Media Statement No. 60-2025_SUHAKAM Reiterates Constitutional, Statutory and CRC Obligations in The Handling of Statutory Rape CasesDownload
Kenyataan Media No. 60-2025_SUHAKAM Tegaskan Semula Kewajipan Perlembagaan, Perundangan Dan Crc Dalam Pengendalian Kes Rogol StatutoriDownload
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Media Statement No. 59-2025_SUHAKAM Expresses Serious Concern Over the Planned Election in Myanmar

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KUALA LUMPUR (22 DECEMBER 2025) – The Human Rights Commission of Malaysia (SUHAKAM) expressed its serious concern over the upcoming planned elections by the Myanmar military junta that was announced to be held in three phases, beginning on 28 December 2025 and concluding in January 2026. Since 2021, the junta has repeatedly pledged to hold a new election as a means to resolve the political turmoil in Myanmar, despite the ongoing civil war, widespread conflict, and the absence of conditions conducive to a genuine democratic process.

On 1 February 2021, Myanmar’s democratic progress was abruptly disrupted when the military junta seized power from the elected government led by the National League for Democracy (NLD), marking a dark moment for the people and their aspirations for democracy. Since then, the junta has waged a campaign of terror and repression against the people of Myanmar. According to the data from the Assistance Association for Political Prisoners (AAPP), over 7,000 civilians have been killed, more than 20,000 have been arbitrarily detained, and hundreds of thousands have been displaced since the February 2021 military coup.

The ongoing conflict in Myanmar has resulted in a growing influx of Myanmar refugees into Malaysia, thereby generating direct and immediate humanitarian implications. Under these circumstances, Malaysia possesses the requisite locus standi to raise and address matters arising from the situation in accordance with its obligations under international human rights and humanitarian law, as well as relevant ASEAN instruments. Accordingly, the articulation of concerns in this context cannot be construed as a breach of ASEAN’s principle of non-interference, but rather as a legitimate exercise of responsibility consistent with ASEAN’s commitment to the promotion and protection of human rights and regional stability.

According to the United Nations High Commissioner for Refugees (UNHCR) Malaysia, as of the end of October 2025, approximately 211,360 refugees and asylum seekers are registered with UNHCR in Malaysia. Of these, some 189,760 are from Myanmar, comprising 124,123 Rohingya, 32,800 Chin, and 32,827 individuals from other ethnic groups affected by conflict or fleeing persecution in Myanmar, making them the largest refugee population in Malaysia. While UNHCR has clarified that the rise in registration figures largely reflects its improved capacity to register individuals rather than mapping out the new arrivals, these numbers nevertheless underscore the significant impact of the crisis in Myanmar on Malaysia.

Following the working visit of the Minister of Foreign Affairs, Yang Berhormat Dato’ Seri Utama Haji Mohamad bin Haji Hasan, to Myanmar on 9 October 2025, the Foreign Minister stated that a key component of democracy is that elections must be conducted in accordance with the principles of free, fair, transparent, and credible processes, as well as in accordance with the main thrusts of the ASEAN Five-Point Consensus (5PC). During the visit, the military junta also extended an invitation to ASEAN Member States to send election observers. For Malaysia, the invitation was addressed to the Election Commission of Malaysia (SPR).

However, SUHAKAM firmly believes that the Malaysian Government should not engage with the military junta, as any form of engagement, including the deployment of election observers, may imply legitimisation of an illegal regime, as the planned election does not meet the basic conditions of a free and fair election. Rejecting the junta’s request for observers is one pressure point that ASEAN may apply to urge the military junta to move in the right direction.

SUHAKAM reiterates that the ASEAN Charter’s principle of non-interference has further exacerbated the conflict in Myanmar, and that ASEAN must move from the principle of non-interference to the principle of non-indifference. The ongoing human rights violations and humanitarian crisis in Myanmar continue to produce significant spillover effects and have direct implications for Malaysia and other ASEAN Member States.

SUHAKAM firmly supports the democratisation process of Myanmar. However, no election can be considered free or fair when civic space remains restricted, dissenting voices are silenced, and the people continue to live in fear and under oppression. Political and public participation is crucial to democratic governance, and elections should contribute to democracy and not deny it. SUHAKAM further calls upon all parties to immediately prioritise the restoration of peace and stability in Myanmar, and to ensure unhindered humanitarian access to affected communities before any election takes place. Only through such genuine efforts can Myanmar move towards an inclusive and credible democratic transition that earns the respect of its own people and the international community.

SUHAKAM commends ASEAN for adopting the ASEAN Declaration on Promoting the Right to Development and the Right to Peace Towards Realising Inclusive and Sustainable Development in October 2025 at the 47th ASEAN Summit. SUHAKAM recognises that ASEAN Member States now have the appropriate framework and language to discuss conflict and peace within the region. However, SUHAKAM urges ASEAN Member States to utilise this Declaration to develop concrete mechanisms and tools to achieve peace in ASEAN, rather than treating it as a symbolic instrument, by meaningfully engaging with the ASEAN Community, including ethnic communities and representatives of double-minority groups from Myanmar.

SUHAKAM remains in solidarity with the people of Myanmar. As the incoming Chair of the South East Asia National Human Rights Institutions Forum (SEANF) for 2026, SUHAKAM will continue and strengthen SEANF efforts to advocate for and promote the rights of the people of Myanmar.

-END-

Human Rights Commission of Malaysia (SUHAKAM)

Date: 22 December 2025

Media Statement No. 59-2025_SUHAKAM Expresses Serious Concern Over the Planned Election in MyanmarDownload
Kenyataan Media No. 59-2025_SUHAKAM Zahir Kebimbangan Serius Terhadap Pilihan Raya Terancang Di MyanmarDownload
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Media Statement No. 58-2025_SUHAKAM Condemns All Forms of Violence Against Children and Calls for Urgent Protection, Accountability and Support

by Press Statement

KUALA LUMPUR (19 DECEMBER 2025) – The Human Rights Commission of Malaysia (SUHAKAM) expresses deep concern and condemnation over the reports of alleged sexual abuses involving students with special needs at a school dormitory in Marang, Terengganu. According to the police investigations, the incidents were being probed under Section 14 of the Sexual Offences Against Children Act 2017, which provides dedicated criminal offences for sexual misconduct involving children.

SUHAKAM strongly condemns all forms of violence and abuse against children, especially with disabilities. All children are entitled to live, learn, and grow in environments that are safe, nurturing and free from violence, abuse, exploitation and any unwanted touching of their bodies. Allegations of sexual violence involving children, particularly those with disabilities, constitute serious violations of their rights, dignity and safety. Children should be empowered to understand bodily autonomy and their right to refuse any contact that is inappropriate, exploitative and harmful.

SUHAKAM calls for a thorough, impartial, and trauma-informed investigation to ensure accountability and due process is upheld for all parties involved. Importantly, children should be empowered to come forward as witnesses. Section 17 of the Sexual Offences Act 2017 provides a legal framework where the law recognises that children are treated as being competent to give evidence unless a court decides otherwise.

From an international human rights perspective, as a State Party to the Convention on the Rights of Persons with Disabilities (CRPD), as provided for in Article 16 of CRPD, Malaysia is bound to protect, fulfil human rights and prevent any violation of rights against persons with disabilities (PWD), including children, from all forms of violence, exploitation and abuse by taking legislative, social, educational and other measures. It is equally essential that the privacy and dignity of both victims and alleged perpetrators are protected, given their age and vulnerabilities. In line with child protection laws and international human rights standards, the media and public must refrain from revealing identities or speculating on personal details to avoid causing further harm.

In addition to the above, SUHAKAM urges the Ministry of Education and school authorities to implement immediate and robust safeguarding measures to prevent sexual abuse and assault incidents. These include strengthening child protection policies in all learning and residential environments, ensuring accessible reporting channels for students and staff, and providing comprehensive training for educators, supervisors and caregivers on recognising and responding to signs of abuse. Affected children must also receive psychosocial support and specialised care tailored to the needs of students with disabilities.

SUHAKAM further calls for a systematic review of gaps in supervision and protection practices within school settings, including dormitories, to ensure a safe environment for all children, especially those with special needs.

SUHAKAM urges the Royal Malaysia Police and law enforcement agencies to conduct investigations that are transparent, fair, and centred on the needs of children, emphasising trauma-informed practices and the safety of all children involved. To this end, it is essential for the police to establish guidelines for interacting with PWD in procedures such as taking statements and reports from both victims and perpetrators. SUHAKAM also calls for parents, guardians and caregivers to empower and engage children, including PWD children in an open dialogue about bodily autonomy, consent and how to seek help if they feel unsafe.

SUHAKAM reiterates that violence against children is not only a violation of law but a breach of fundamental human rights. All stakeholders, including Government agencies, law enforcement, education authorities, civil society and the community at large, must work collaboratively toward strengthening child protection, prevention and accountability mechanisms in Malaysia. SUHAKAM stands ready to support constructive efforts that uphold the rights, dignity and safety of every child.

-END–

Human Rights Commission of Malaysia (SUHAKAM)
Date: 19 December 2025

Media Statement No. 58-2025_SUHAKAM Condemns All Forms of Violence Against Children and Calls for Urgent Protection, Accountability and SupportDownload