Posts in category: Press Statement

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.

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

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.

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

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.

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Human Rights Commission of Malaysia (SUHAKAM)

Date: 24 December 2025

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.

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

MALAYSIA COMMEMORATES HUMAN RIGHTS DAY 2025

KUALA LUMPUR, 11 December 2025 – The Legal Affairs Division of the Prime Minister’s Department (BHEUU), the Ministry of Foreign Affairs (MOFA), the Human Rights Commission of Malaysia (SUHAKAM), and the United Nations in Malaysia jointly commemorated Human Rights Day 2025 with a Forum titled “Protecting Our Future Generations: Human Rights for All.”

The programme was officiated by Yang Berhormat Dato’ Sri Azalina Othman Said, Minister in the Prime Minister’s Department (Law and Institutional Reform). In her remarks, YB Dato’ Sri Azalina emphasised that protecting the rights and dignity of every child is not an option, it is the foundation of Malaysia’s moral strength and our shared responsibility to future generations. As harms evolve, she stressed, our laws and institutions must evolve even faster. Human rights can only flourish when systems are credible, transparent, and accountable. No child should suffer in silence, whether online or offline, and policies affecting children must never be made without hearing their voices. YB Dato’ Sri Azalina affirmed the Government’s commitment to building a Malaysia where every child is safe, valued, and empowered to dream boldly and live fully.

In his welcoming address, SUHAKAM Chairman, Yang Berbahagia Dato’ Seri Mohd Hishamudin Yunus, emphasised: “As we reflect on today’s theme, it is important to recognise that protecting future generations requires sustained commitment in policy development, institutional accountability, and public awareness. He underscored that human rights are a shared responsibility involving government agencies, civil society organisations, educators, parents, and the wider community.”

In his Opening Address, Mr. Robert Gass, UN Resident Coordinator a.i., emphasized: “Human rights are lived or denied in the everyday experiences of every child, in the safety of a home, the fairness of a classroom, the justice of a courtroom, and the dignity of a clinic. As Malaysia strengthens its institutions and renews its commitments under the Convention on the Rights of the Child (CRC), we are reminded that children are not passive beneficiaries but rights-holders whose futures depend on the choices we make today. Our task is simple but profound: to close the gap between the rights we proclaim and the realities children experience.”

Human Rights Day commemorates the adoption of the Universal Declaration of Human Rights. This year’s theme, “Human Rights, Our Everyday Essentials,” holds particular significance for Malaysia as the nation marks 30 years since acceding to the CRC and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and 15 years since ratifying the Convention on the Rights of Persons with Disabilities (CRPD). These international commitments have shaped key national reforms, and as Malaysia prepares for its review with the Committee on the Rights of the Child in 2026, the Forum reaffirmed the importance of sustaining positive momentum through continued dialogue, capacity-building, and strong inter-institutional cooperation.

The Forum, moderated by Ms. Sitti Najihah Md Rusli from UNICEF Malaysia, featured an in-depth panel discussion titled “Children’s Rights in Malaysia: From Commitments to Monitoring and Accountability.” The discussion brought together Dr. Farah Nini Dusuki, Chief Children’s Commissioner of SUHAKAM; Mr. Asmar Asmadi Bin Abdullah Sani, Undersecretary of the Policy and Strategic Planning Division of the Ministry of Women, Family and Community Development; YA Datin Paduka Evrol Mariette Peters, Judge of the Court of Appeal representing the Judiciary, YB Syereleena Abdul Rashid, Member of Parliament for Bukit Bendera and Member of the Parliamentary Special Select Committee on Women, Children and Community Development; Mr. Thiyagu Ganesan, Deputy Director General (Law Reform) of BHEUU and Ms. Jessie Lee Jie Xing, youth representative and Member of the Children’s Consultative Council (2025–2027), SUHAKAM.

The Forum also witnessed the launching ceremony of SUHAKAM “Belia Peduli Hak” module by the Minister in the Prime Minister’s Department (Law and Institutional Reform). This module is a practical resource designed to enhance awareness, empowerment, and meaningful participation among young people across the country.

In her closing remarks, Yang Berbahagia Datin Paduka Anizan Siti Hajjar Adnin, Deputy Secretary General of the Ministry of Foreign Affairs, underscored that protecting children demands a whole-of-society approach, strengthened through broader partnerships with civil society to enhance transparency and accountability. Yang Berbahagia Datin Paduka Anizan Siti Hajjar Adnin further underlined that this commitment reflects the Malaysia Madani vision, which upholds trust, cooperation and the creation of an inclusive and compassionate society for all Malaysians.

The Forum was attended by more than 450 participants from the Government agencies, the diplomatic corps, youth, academia, the private sector, civil society organisations and the media.

Jointly Prepared by:

THE LEGAL AFFAIRS DIVISION, PRIME MINISTER’S DEPARTMENT (BHEUU)
MINISTRY OF FOREIGN AFFAIRS (MOFA)
HUMAN RIGHTS COMMISSION OF MALAYSIA (SUHAKAM)
UNITED NATIONS IN MALAYSIA (UNCT)

11 DECEMBER 2025

KUALA LUMPUR (10 DECEMBER 2025) – The Human Rights Commission of Malaysia (SUHAKAM) views with grave concern the recent enforcement raid at a wellness centre involving several individuals, including public officers. SUHAKAM acknowledges the role of enforcement agencies in upholding the law and the responsibility of the Public Service Department (PSD) to address allegations of misconduct within the civil service. However, these actions must be carried out in a manner that is consistent with constitutional and legal safeguards, due process, and respect for human dignity.

SUHAKAM notes reports that the raid was conducted and arrests hastily effected without the presence or identification of victims. Enforcement actions, especially involving personal conduct and arrest, must be based on verified information and credible evidence. In the instant case, the absence of identifiable victims and evidence, as clarified by the Kuala Lumpur Police Chief Officer (CPO), raises concerns about the basis of the mass arrests and any ensuing disciplinary measures. SUHAKAM is also concerned by the fact that the individuals arrested were not promptly released despite the magistrate’s refusal to grant the police’s remand application. Any delay in release, let alone a prolonged delay, as is the case here, after the court’s refusal of the remand application raises serious questions about compliance with judicial directions and respect for personal liberty and may undermine due process and constitutional protections.

Credit must be given to the Kuala Lumpur CPO, for being candid in clarifying that ‘All those arrested were investigated under Sections 377/372 of the Penal Code, but there was no evidence to help police pursue the case in that direction.’ (Sunday Malay Mail Nov. 30.) However, this clarification begs the question: If there was no evidence, then, why the mass arrests in the first place? Aren’t the hasty mass arrests constituted violations of Article 5 of the Federal Constitution that no person shall be deprived of his life or liberty saved in accordance with the law?

Where public officers are concerned, SUHAKAM stresses the need to strictly follow the Public Officers (Conduct and Discipline) Regulations 1993, which outline fair, transparent and impartial procedures for investigations, show-cause processes and disciplinary inquiries. Officers must be clearly informed of the allegations and given a meaningful opportunity to respond before any action is taken. These requirements are reinforced by Article 135(2) of the Federal Constitution, which prohibits dismissing or demoting an officer without a reasonable opportunity to be heard. These safeguards ensure disciplinary decisions are made fairly, based on facts and law, and not on premature assumptions or prejudices.

SUHAKAM also expresses concern regarding reports of the exposure of personal identities of individuals involved. The right to privacy and dignity must be protected throughout any investigation. Public disclosure prior to the establishment of facts may cause undue harm and is inconsistent with human dignity and human rights standards, including the principles reflected in the Universal Declaration of Human Rights.

In light of these concerns, SUHAKAM calls on the relevant authorities to ensure that:

i.          All investigations are conducted transparently, objectively, and based on verified evidence;

ii.         The rights of individuals involved, including public officers, are fully upheld in accordance with the 1993 Regulations and constitutional guarantees;

iii.        Personal identities are protected until due process has been completed and findings are established; and

iv.        Any disciplinary processes are not initiated or concluded prematurely before all facts are properly assessed.

SUHAKAM reiterates that safeguarding due process is essential not only to protect individual rights but also to maintain public confidence in enforcement and disciplinary institutions. Fair and transparent investigations and adherence to due process strengthen the rule of law and uphold the integrity of Malaysia’s public service.

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Human Rights Commission of Malaysia (SUHAKAM)
Date: 10 December 2025

KUALA LUMPUR (25 NOVEMBER 2025) – The Human Rights Commission of Malaysia (SUHAKAM) expresses its deep concern over the protracted case of M. Indira Gandhi and her missing daughter, Prasana Diksa. SUHAKAM urges the Inspector-General of Police (IGP) and the Royal Malaysia Police (PDRM) to immediately and fully comply with the recent court order and to intensify all efforts to locate the child without delay.

SUHAKAM reiterates that court orders are binding and must be executed without exception. The High Court has ordered the IGP to locate Prasana Diksa and return her to her mother. Compliance with this order is not discretionary, it is a clear legal duty and any failure or delay in executing a judicial directive is a serious breach that undermines the rule of law, weakens the administration of justice and erodes public confidence in law enforcement institutions.

As the head of the national police force, the IGP bears the ultimate responsibility to ensure that the police carry out the court’s mandate. PDRM possesses the authority, resources and investigative capacity to trace individuals and enforce recovery orders. SUHAKAM calls on the IGP to treat this case with the highest level of urgency, accountability and professionalism, and to ensure that all necessary resources are deployed toward locating the child and securing her safe return.

The rights and best interests of the child must be the central consideration in all actions taken. Reuniting Prasana with her mother is not only a legal obligation but also essential to the child’s emotional, psychological and developmental well-being. SUHAKAM stresses that every reasonable measure must be taken to secure her safety and dignity throughout the process.

SUHAKAM also urges PDRM and the relevant authorities to provide regular, transparent updates to Indira Gandhi, her legal team and the public regarding the status of the search. Silence or inadequate communication only deepens distress and undermines trust. Should there be any operational challenges or legal complexities in enforcing the court order, SUHAKAM calls for these to be clearly explained and for full collaboration with all relevant government agencies to resolve them.

SUHAKAM acknowledges the immense suffering endured by Indira Gandhi over the past 16 years and we are of the view that the recent march to Bukit Aman reflects not only a mother’s enduring pain, but also her unwavering perseverance and pursuit of justice. SUHAKAM expresses its utter disappointment over the failure of the IGP to turn up to receive the symbolic teddy bear from Madam Indira Gandhi, mother of the abducted child, Prasana. Such a conduct gives the negative impression that there was a lack of commitment on the part of the IGP to enforce the order of court and to do what is both morally and legally right to do. As guardian of the public conscience, the IGP is duty-bound to uphold the Rule of Law. Law enforcement institutions must approach this case with the humanity it demands while rigorously fulfilling their legal duties. SUHAKAM therefore calls upon the IGP to honour the court’s directive without delay and to demonstrate an unequivocal commitment to upholding the law. Enforcing judicial decisions is not merely procedural, it is a core human rights obligation and an essential pillar of democratic governance.

SUHAKAM further urges continued support from the public, civil society and all stakeholders. Effective cooperation between the judiciary, law enforcement and social service agencies is critical to ensuring that cases involving missing children are resolved promptly, transparently and in accordance with the rule of law.

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Human Rights Commission of Malaysia (SUHAKAM)
Date: 25 November 2025