All posts by : Media

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

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

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

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

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

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

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

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

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

-END-

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

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

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

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

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

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

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

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

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

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

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

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

-END-

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

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

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

Key highlights of the festival included:

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

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

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

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

-END-

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

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

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

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

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

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

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

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

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

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

-END-

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

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

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

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

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

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

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

-END-

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

KUALA LUMPUR (25 NOVEMBER 2024) – The Human Rights Commission of Malaysia (SUHAKAM) voices its profound concern over the recent detentions of individuals associated with Global Ikhwan Sdn. Bhd. (GISB) under the Security Offences (Special Measures) Act 2012 (SOSMA). The use of SOSMA, designed to address serious national security threats, appears disproportionate in this case, which concerns alleged offences pertaining to deviant religious activities and abuses of children rather than offences pertaining to any serious criminal activities.

SUHAKAM underscores that invoking SOSMA’s Draconian provisions risks eroding Malaysia’s commitment to justice, the Rule of Law and fundamental human rights. This action sets a troubling precedent, as it could ‘justify’ the use of national security laws in instances that do not meet the situational gravity that SOSMA was intended to address. Such an approach is highly inappropriate given the efficacy of the Criminal Procedure Code to deal with the alleged offences mentioned, which require due process within an open and accountable legal system.

Whilst SUHAKAM acknowledges the government’s broader efforts towards legal reform, this particular application of SOSMA in the GISB case sends an inconsistent and concerning message. It risks undermining public confidence in the justice system and could be perceived as distasteful and inconsistent with the reformist trajectory.

The Commission calls on the government to fulfil its obligations under international human rights standards, including the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), which mandate safeguards against arbitrary detention and uphold the presumption of innocence. SUHAKAM also urges authorities to utilize transparent judicial processes, charge individuals appropriately under the Criminal Procedure Code and ensure their access to fair legal representation.

To sustain public confidence and to uphold the integrity of the justice system, SUHAKAM recommends a thorough review of SOSMA, emphasizing the need for a fair transparent and just provisions and stringent legal oversight mechanisms, so as to have effective safeguard against any abuses of the law. Protecting national security must not come at the expense of undermining human rights.

SUHAKAM remains steadfast in promoting a justice system that respects human dignity, transparency and accountability, and it reiterates that the rights and welfare of all individuals must be protected within the bounds of the fundamental liberties as guaranteed by the Federal Constitution and the Rule of Law.

-END-

The Human Rights Commission of Malaysia (SUHAKAM)
Date: 25 November 2024

STRONGER SENTENCE NEEDED FOR CHILD ABUSE OFFENDERS

KUALA LUMPUR (12 NOVEMBER 2024) – The Children’s Commissioner (CC) of the Human Rights Commission of Malaysia is appalled at the recent news revealing that a young mother and her two friends were only sentenced to 14 days’ imprisonment and fined RM10,000 each by the Sessions Court for committing child abuse against the young mother’s 3-year-old son.

The inadequacy of the sentence – 14 days out of the 20-year maximum imprisonment term stipulated under Section 31 of the Child Act 2001 for an offence that has become a matter of public interest – is profoundly inadequate and fails to convey society’s abhorrence for such acts. While acknowledging that the mother is a youthful offender, the aims of retribution and deterrence in sentencing must be upheld, especially when the offence is serious and targets a defenceless victim.

Reports indicate that the child was confined in a cage by the three offenders, as the mother claimed she needed to go to work. The child was also allegedly kicked by the mother’s two friends while the mother looked on. The boy was found to have sustained injuries to his abdomen, eyebrows, limbs, and back.

The CC believes that this abuse was inhumane and calls on the Deputy Public Prosecutor (DPP) to file a Notice of Appeal immediately to send a clear message that child abuse is intolerable. The CC also urges the relevant authorities to follow up on the welfare of the child to ensure his best interests are safeguarded. The CC recommends that the child be placed with a foster family familiar to him and that the mother undergo at least six months of counselling to address her inability to provide appropriate care for her son.

The CC would like to remind every stakeholder involved in children’s welfare of the words of the judges in the Court of Appeal case DPP vs. Asmarani bt Ghazali: “When dealing with children, there can be no room for error or failure. Children are vulnerable and defenceless and require society and the law to safeguard their interests, which must not be disregarded or compromised due to mistakes or misjudgments by adults.”

-END-

Dr Farah Nini Dusuki
Children’s Commissioner 
The Human Rights Commission of Malaysia (SUHAKAM)
12 November 2024

———
HUKUMAN LEBIH BERAT DIPERLUKAN TERHADAP PENDERA KANAK-KANAK

KUALA LUMPUR (12 NOVEMBER 2024) – Pesuruhjaya Kanak-Kanak (CC) Suruhanjaya Hak Asasi Manusia Malaysia mempersoalkan hukuman penjara 14 hari dan denda sebanyak RM10,000 setiap seorang yang diputuskan oleh Mahkamah Sesyen ke atas seorang ibu muda dan dua rakannya yang didapati bersalah mendera anak lelaki ibu muda tersebut yang berusia 3 tahun, seperti yang dilaporkan akhbar semalam.

Hukuman penjara selama 14 hari daripada tempoh maksimum penjara selama 20 tahun yang diperuntukkan di bawah Seksyen 31 Akta Kanak-Kanak 2001 untuk kesalahan yang telah menjadi isu kepentingan awam tersebut, adalah sangat ringan dan gagal menterjemahkan rasa jengkel masyarakat terhadap perbuatan pesalah yang kejam. Kita semua memahami bahawa ibu tersebut ialah seorang pesalah muda, namun tujuan pembalasan dan pencegahan dalam hukuman hendaklah ditegakkan, terutamanya sekali apabila kesalahan itu serius dan menyasarkan mangsa yang tidak berdaya.

Laporan menunjukkan bahawa kanak-kanak tersebut telah dikurung dalam sangkar kerana ibunya mendakwa terpaksa berbuat demikian untuk pergi bekerja. Kanak-kanak juga telah ditendang oleh dua orang rakan ibunya sementara ibunya hanya melihat perbuatan tersebut. Kanak-kanak itu didapati mengalami kecederaan pada bahagian perut, kening, beberapa anggota badan, dan belakang.

CC menegaskan bahawa perbuatan mereka adalah tidak berperikemanusiaan dan menyeru Timbalan Pendakwa Raya (TPR) untuk memfailkan Notis Rayuan dengan segera bagi memberi mesej yang jelas kepada masyarakat bahawa penderaan kanak-kanak adalah sama sekali tidak boleh diterima. CC juga menggesa pihak berkuasa yang berkaitan untuk membuat susulan lanjut berhubung kebajikan kanak-kanak tersebut bagi memastikan kepentingan terbaiknya dilindungi. CC mengesyorkan supaya kanak-kanak tersebut ditempatkan dengan keluarga angkat yang dikenalinya, manakala ibunya pula perlu menjalani sekurang-kurangnya enam bulan kaunseling untuk menangani kelemahannya dalam memberikan penjagaan yang terbaik terhadap kanak- kanak.

CC ingin mengingatkan semua pemegang taruh yang terlibat dalam menjaga kebajikan kanak-kanak akan kata-kata para hakim bijaksana dalam kes Mahkamah Rayuan DPP vs. Asmarani bt Ghazali: “Apabila berurusan dengan kanak-kanak, tidak boleh ada ruang untuk kesilapan atau kegagalan. Kanak-kanak adalah golongan yang lemah dan tidak berdaya serta memerlukan masyarakat dan undang-undang untuk melindungi kepentingan mereka, yang mana ia tidak boleh diketepikan atau dikompromi oleh kesalahan dan pertimbangan sambil lewa oleh orang dewasa.”

-TAMAT-

Dr Farah Nini Dusuki
Pesuruhjaya Kanak-Kanak
Suruhanjaya Hak Asasi Manusia Malaysia (SUHAKAM)
12 November 2024

KUALA LUMPUR (22 OCTOBER 2024) – The Human Rights Commission of Malaysia (SUHAKAM) expresses its deepest concern over the recent death of an inmate at Pokok Sena Prison, reportedly after corporal punishment by whipping. We extend our heartfelt condolences to the family of the deceased and reaffirm our unwavering commitment to the protection of human rights.

SUHAKAM unequivocally opposes all forms of corporal punishment, including whipping, as they violate fundamental human rights and human dignity. The severe physical and psychological harm caused by corporal punishment is a direct contradiction to international human rights standards as prescribed by article 5 of the Universal Declaration of Human Rights and article 7 of the International Covenant on Civil and Political Rights, both of which provide that no one shall be subjected to torture or to cruel, inhuman or degrading punishment. Further, article 1 of the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) defines torture to include “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted.” Corporal punishment clearly falls under this definition and should be regarded as inhumane and degrading.

The CAT, adopted in 1984 by the General Assembly Resolution of 1984 and now ratified or acceded to by 173 states, represents a global commitment to abolish torture and inhumane treatment. Unfortunately, Malaysia remains amongst the minority nations that have yet to be a party to CAT, despite the moral obligation to uphold the dignity and rights of all individuals in the penal system. Even within ASEAN, countries such as Indonesia, the Philippines, Thailand, Cambodia, and Vietnam have already acceded to the CAT, setting an example for the region. SUHAKAM urges Malaysia to join these nations in taking a firm stance against torture, including corporal punishment by acceding to CAT.

In light of the recent tragedy at Pokok Sena Prison, we call on the government to immediately abolish all forms of corporal punishment, including those codified in the Penal Code, the Criminal Procedure Code, the Prisons Act, and related legislation. Furthermore, corporal punishment in schools, which normalizes violence against children, must also be outlawed to safeguard the mental and physical well-being of future generations.

This incident underscores the urgency of comprehensive reform. We call on authorities to conduct a full, independent, and transparent investigation into the circumstances surrounding the death, ensuring that those responsible are held accountable. However, addressing this incident in isolation is insufficient. Malaysia must reform its criminal justice system and abandon harmful, outdated practices like corporal punishment in favour of rehabilitative approaches that respect human dignity.

SUHAKAM advocates for a justice system based on deterrence, rehabilitation and the inherent dignity of every person. Measures that emphasize justice, accountability and public safety, without resorting to violence, are essential to creating a just society. These measures must be aligned with Malaysia’s international human rights obligations and a commitment to justice, fairness, and humanity.

SUHAKAM will continue to monitor this case closely and engage with the relevant authorities to push for reforms that align with international standards. Abolishing corporal punishment is not merely a legal obligation but a moral necessity to uphold justice, human rights, and the dignity of all.

-END-

The Human Rights Commission of Malaysia (SUHAKAM)
Date: 22 October 2024